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06/17/2008 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING June 17, 2008 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE I1. ADOPT AGENDA (At approximately 8:00 p.m. the Council will take a short recess) III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA P A. APPROVE MINUTES 49,17 B. PERSONNEL ITEMS Pig C. APPROVE Check Registers p q D. ACCEPT the donation of an Automatic External Defibrillator (AED) for the Fire Department from North Star Food Service RJI E. APPROVE 2008-2009 renewals for Massage Therapy Establishment licenses R a.A F. APPROVE 2008-2009 renewals for Amusement Device licenses P.,a 3 G. DECLARE bicycles, unclaimed property and miscellaneous City property to be surplus P.3/ H. APPROVE Fireworks Permit for RES Specialty Pyrotechnics, Inc. and waive the license fee as requested by the July 4 Funfest Committee > .35 I. SCHEDULE a Special City Council Workshop on July 22, 2008 at 5:30 p.m. Q,% J. RECEIVE Bids & Award Contract 08-07 (Reservoir Repainting) P.38 K. APPROVE Change Order No. 1 Contract 08-06, Northwood Parkway .39 L. SCHEDULE a Public Hearing to Consider Variances to misc. parking lot setbacks pc~p M. APPROVE Designation of Minimum Maintenance Roadway (Wuthering Heights Road and Hazel Drive) j9L4 ~ N. APPROVE Plans & Specifications and Authorize Ad for Bids, Contract 08-10 (Patrick Eagan Park) 0. This item has been removed. FO P. APPROVE Amendment to Development Contract (Marsh Cove - Completion Date) II-1? Q. APPROVE a Resolution approving the terms of a revolving internal loan in connection with TIF District No. 2-5 (Blue Gentian Redevelopment) 19sl R. AUTHORIZE Initiation of Rezoning Process for Planned Development in Woodlands North and Southern Hills Planned Development S3 S. APPROVE Resolution Providing for the Issuance and Sale of General Obligation State-Aid Bonds, Series 2008A I V. P. 4'x2007 COMPREHENSIVE ANNUAL FINANCIAL REPORT VI. PUBLIC HEARINGS i. A. PROPOSED FEE SCHEDULE CHANGES - An Amendment to the 2008 Fee Schedule in regard to Room Rental Fees and Solicitor, Peddler, and Transient Merchant License Fees. (P`~ B. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING AND VARIANCE - St. Elizabeth Orthodox Mission - A Comprehensive Guide Plan Amendment from Retail Commercial (RC) to Quasi-Public (QP) for a church, A Rezoning of .60 acres from Neighborhood Business (NB) to Public Facility (PF) and A Variance for building setbacks, parking setbacks and number of parking stalls located at 1581 Century Point Avenue on Lot 1, Block 1, Century 2nd Addition in the SW %of Section 09. VII. OLD BUSINESS ,f, '0'2A. COMPREHENSIVE GUIDE PLAN AMENDMENT AND PLANNED DEVELOPMENT AMENDMENT - Select Senior Living of Eagan - Yankee Doodle Properties - A Comprehensive Guide Plan Amendment from Medium Density to High Density, and a Planned Development Amendment to allow an assisted living facility located on Lots 1 and 2, Block 1, Terra Glenn 3~ Addition in the NW of Section 16. (Continue to July 15 City Council Meeting) Vill. NEW BUSINESS Ii IX. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE p X. ECONOMIC DEVELOPMENT AUTHORITY A. Call to Order B. Adopt Agenda q C. Consent Agenda 1. APPROVE minutes of the May 20, 2008 EDA meeting D. Old Business ~S 1. APPROVE Amended and Restated Development Agreement with MG Eagan LLC (McGough) for the Redevelopment of the Blue Gentian Corporate Center Project E. New Business F. Other Business G. Adjourn XL ADMINISTRATIVE AGENDA / COUNCIL COMMENTS Xil. VISITORS TO BE HEARD (for those persons not on agenda) XIII. CLOSED SESSION XIV. ADJOURNMENT I i City of Ems TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JUNE 13, 2008 SUBJECT: AGENDA INFORMATION FOR JUNE 17, 2008 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the June 17, 2008 City Council agenda, the following items are in order for consideration. III i I i I i I i II ~I Agenda Information Memo June 17, 2008 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 3, 2008 regular City Council meeting and May 13, 2008 Special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the June 3, 2008 regular City Council meeting are enclosed on pages through • Minutes of the May 13, 2008 Special City Council meeting are enclosed on pages through. I:z MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota June 3, 2008 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councihnembers Fields, Carlson, Bakken and Tilley. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, June 3, 2008 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councihnembers Carlson, Fields, Bakken and Tilley. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that a closed session would not be necessary. Councihnember Fields moved, Councilmember Bakken seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATIONS Mayor Maguire recognized Tom Steffes, Building Maintenance, for his dedicated service to the City. CONSENT AGENDA Bakken pulled item P for separate motion. Councihnember Tilley moved, Councihnember Bakken seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the May 20, 2008 regular City Council meeting as presented. B. Personnel Items 1. Approved the hiring of Nick Larson as a seasonal adapted recreation assistant. 2. Approved the hiring of Erica Friede as a seasonal park laborer. 3. Approved the hiring of Benjamin Anderson, Katherine Loher, Kimberlee Maczko, Abigail Maruish, Brenna O'Gorman, Megan O'Halloran, Claire Opsahl, Kevin Stevenson, Lindsey Van Domelen, Jocelyn Winter, Greg Bostrom, Molly Rodgers, Laura Farlee and Lauren Whitacre as part-time seasonal recreation leaders. 4. Approved the hiring of Kaylin Bertsch, Brittany Dyshaw, Meghan Galloway, Kassandra Giles, Elizabeth Glomski, Sarah Hannasch, Hillary Haynes, Katie Joyce, Carly Lash, Angela Moschera, Jordyn Michaud, Megan Mott, Michael Redig, Megan Schmeisser, Stephanie Same, Stephanie Schneider, Jessica Schmuck, Nick Schuetz, Sarah Unmacht, Julie Anderson, Mark Burkhardt, Laura Farlee, Michelle Finlon, Matt Mason, Brittany Patrias, Brad Walker and Murphy Smith as part-time seasonal recreation assistants. 5. Approved the hiring of Greg Bostrom and Michelle as part-time seasonal program assistants. 6. Approved the hiring of Tanya Beekman as a seasonal recreation intern. 7. Approved the hiring of Jackie Levondowski, Judy Forde and Amber Orr as part-time seasonal preschool teachers. 8. Approved the hiring of Michelle Collette, Iosif Sorokin and Nicole Fischer as part-time seasonal tennis instructors. 9. Approved the hiring of Brian Donahue, Jenni Harms, Anthony Lutovsky, Grant Ribar and Steven Schull as part-time seasonal tennis assistants. 10. Approved the hiring of Sarah Koenen, Nick Brannan, Megan Nistler, and Sarah All as a part-time seasonal lifeguards at Cascade Bay. 11. Approved the hiring of Mark Daniel and Benjamin Huhner as a part-time seasonal coordinators at Cascade Bay. I Eagan City Council Meeting Minutes June 3, 2008 Page 2 12. Approved the hiring of Erika Melcher, Heidi Svien and Elizabeth Massie as part-time seasonal pool attendants at Cascade Bay. 13. To approve the hiring of Joseph Morrison as a part-time seasonal buildings/grounds attendant II at Cascade Bay. 14. To approve the hiring of Peggy Horan, Kristine Wietecha, Brittany Eng, Marcus Simpson and Joseph Deraney as a part-time seasonal guest services I at Cascade Bay. C. It was recommended to ratify the check registers dated May 15, 2008 and May 22, 2008 as presented. D. Removed from agenda. E. It was recommended to approve the solicitation of request for proposals (RFP) for legal services (General Legal, Prosecution, and Labor Services). F. It was recommended to approve a modification to the Consent Decree with the Metropolitan Airport Commission regarding the noise mitigation bid process and mitigation menu for single-family homes within the 2007 60-62 Contours. G. It was recommended to approve a resolution establishing Oak Ridge Elementary School, 4350 Johnny Cake Ridge Road, as the new polling place for Precinct 18. H. It was recommended to approve Change Order No. 1 to Contract 08-03 (Citywide Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. L It was recommended to approve Change Order No. 1 to Contract 08-04 (Citywide Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. J. It was recommended to approve an Encroachment Agreement with Koch Pipeline Company for Contract 08-04 (Citywide Street Improvements) and authorize the Mayor and City Clerk to execute all relate documents. K. It was recommended to approve a resolution to prohibit parking on the east and west sides of Nichols Road and restrict parking from 6 pm to 6 am on both the north and south sides to Cedarview Dr. and the east and west sides to Cedarvale Drive and authorize the Mayor and City Clerk to execute a related resolution. L. It was recommended to approve the Purchase Agreement between the City and Rahn Family Limited Partnership and Wensmann Realty for the potential acquisition of the 120 acre Carriage Hills property. M. It was recommended to approve the City's Financial Participation of $2,385 in stormwater improvements associated with the development of Grey Hawk. N. It was recommended to approve a one-year extension of the Preliminary Subdivision approval for Heritage of Highview, consisting of four single-family lots on approximately 1.7 acres on properties located at 1416 and 1420 Highview in the SE 1/4 of Section 04. 0. It was recommended to approve a Final Subdivision (Ceearview 4 h Addition) to create two single-family lots upon 0.72 acres of land located at 1820 Beecher Drive in the SE 1/4 of Section 29. P. Pulled for separate motion. Q. It was recommended to approve an agreement with Dakota County for the temporary relocation of the Wescott Library to the Civic Arena west mezzanine. R. Item removed. S. It was recommended to accept a cash donation of $250 from Wayne and Gwen Olsen to plant a tree in Central Park. T. It was recommended to approve the 5-year Capital Improvement Plan for Public Works Infrastructure, Part III (2009-2013) and authorize the initiation of the public improvement process for the 2009 programmed improvements. U. It was recommended to direct the City Attorney to prepare a modification to the covenant restrictions for Excel Development's Hawthorne Ridge strip retail center located at 525 Diffley Road. V. It was recommended to approve the renewal of a Joint Powers Agreement with the State of Minnesota for connections to the CJDN. The sign agreement would be in effect until May 31, 2013. W. It was recommended to approve the plan and specifications for Contract 08-02 (Lone Oak Road - Lift Station Upgrade) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Tuesday, June 24, 2008, at the Eagan City Hall, located at 3830 Pilot Knob Road. Mayor Maguire moved, Councilmember Fields seconded a motion to award the bid for the build out of the Civic West Arena mezzanine to RJ Ryan Construction, Inc., pending final review of alternates. Aye: 4 Nay: 0 (Bakken abstained) Eagan City Council Meeting Minutes June 3, 2008 Page 3 PUBLIC HEARINGS NORTHEAST EAGAN REDEVELOPMENT DISTRICT RESOLUTION REGARDING THE MODIFICATION OF REDEVELOPMENT PLAN FOR THE NORTHEAST EAGAN PROJECT AREA, THE EXPANSION OF DEVELOPMENT DISTRICT #2 AND THE ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 2-5. Community Development Director Hohenstein discussed the modification of the redevelopment plan for the Northeast Eagan Project Area, the expansion of development District #2 and the establishment of Tax Increment Financing District No. 2-5. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Bakken seconded a motion to close the public hearing and approve a Resolution Adopting a Development Program for Northeast Eagan Development District No. 2, Establishing Tax increment Financing District No. 2-5 therein and Adopting a Tax Increment Financing Plan for the District. Aye: 5 Nay: 0 NEW BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING AND PRELIMINARY PLANNED DEVELOPMENT (CARRIAGE HILLS) - WENSMANN REALTY, INC. Mayor Maguire provided background information regarding a recently accepted Contingent Settlement Agreement, (Carriage Hills property), which established a framework for expedited consideration of a concept site plan, which would lead to Council approval, and resolution of the dispute and lawsuit. City Administrator Hedges introduced the proposed Comprehensive Guide Plan Amendment, Rezoning and Preliminary Planned Development. City Planner Ridley gave a staff report in regard to the proposed development of the property. Terry Wensmann made a presentation regarding the proposed development. City Attorney Dougherty explained the actions that should be taken in regard to the proposed development, along with conditions that will apply. Mayor Maguire opened the floor for public comment. Ten residents expressed concern regarding the following: • The demand/need for the type of housing that is proposed • The proposed density of the project • The number of foreclosures that are occurring in Dakota County and fear that there is no market for more new development • Proposed traffic flow through the adjacent neighborhood, construction noise, traffic, etc. • Requests for additional buffering between the new development and existing neighborhood • Cost and responsibility of the infrastructure of the new development • Tree preservation • Concern regarding the proposed street access to the development • Traffic at Wescott Woodlands and Yankee Doodle Road Staff, along with Mr. Wensmann responded to the questions and concerns of the residents. Mayor Maguire turned discussion back to the Council. Councilmembers held a lengthy discussion regarding access onto Wescott Woodlands and Yankee Doodle Road; private streets vs. public streets, buffering of the adjacent properties to the south; screening on the northwest corner; the use of flagmen at the construction entrances during the school year. S Eagan City Council Meeting Minutes June 3, 2008 Page 4 Councilmember Tilley moved, Councilmember Fields seconded a motion to direct staff to submit the Comprehensive Guide Plan Amendment to change the land use designation from P (Parks and Recreational Open Space), to SA (Special Area), of approximately 120 acres located south of Yankee Doodle Road and west of Wescott Woodlands in the W '/z of Section 14 to the Metropolitan Council for their review. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Rezoning from P (Park) to PD (Planned Development) upon 120 acres located south of Yankee Doodle Road and west of Wescott Woodlands in the W '/2 of Section 14. (Contingent upon the Metropolitan Council's acceptance of the Comprehensive Guide Plan Amendment). Aye: 5 Nay: 0 I Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Preliminary Planned Development for a mixed residential development, upon 120 acres located south of Yankee Doodle Road and west of Wescott Woodlands in the W '/2 of Section 14, subject to the following conditions. (Contingent upon the Metropolitan Council's acceptance of the Comprehensive Guide Plan Amendment). Aye: 5 Nay: 0 General 1. This Preliminary Planned Development is contingent upon Metropolitan Council approval of the Comprehensive Guide Plan Amendment 2. The property shall be subdivided and platted prior to final Planned Development approval. 3. The developer shall execute a Preliminary Planned Development Agreement which includes the following plans (Exhibit 2): • Site Plan • Building Elevations • Site Lighting Plan • Landscaping Plan • Signage Plan • Off Street Parking Plan • Open Space and Maintenance Plan • Utility Plans (water, sewer and storm) 4. A Final Planned Development Agreement shall be executed for each phase of the development prior to issuance of a building permit for the phase. The following plans are necessary for each Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Site Lighting Plan • Final Landscaping Plan • Final Signage Plan • Final Off Street Parking Plan • Open Space and Maintenance Plan • Utility Plans (water, sewer and storm) 5. An Environmental Assessment Worksheet shall be completed prior to Preliminary Subdivision or grading of the Property. 6. The developer shall submit Homeowner Association documents to the City Attorney for review and approval, prior to Final Subdivision approval, including transfer of all common area to the Homeowner Association and the maintenance of private streets to a standard similar to a public street. Airport Noise 7. Sound attenuation construction standards sufficient to achieve an interior sound level of 45 dBA shall be employed for buildings within the one-mile buffer area of the 60 dB contour. Lots 8. All lots shall have a minimum street frontage of 50 feet. 9. Single-family lots shall satisfy minimum R-1 zoning standards for lot dimensions and area. 10. Twinhome lots shall satisfy R-2 zoning standards for lot dimensions and area. Eagan City Council Meeting Minutes June 3, 2008 Page 5 11. The detached townhomes shall provide lots that are a minimum of 60' in width with a minimum lot area of 6,000 sq. ft. per unit. Setbacks and Bulk Standards 12. Structure setbacks shall be consistent with those outlined in the City's zoning Ordinance for the corresponding type of housing as follows: Single-family (R-1 district), Twinhomes (R-2 District), Townhomes (R-3 District) and Senior and Multiple Family (R-4 District). Detached Townhomes shall be consistent with the following standards: Setback Detached Townhomes Front yard public street 30 feet 40 feet (Duckwood Dr.) Front yard (private street - from 25 feet (through street) curb 20 feet dead-end street Side yard: Principal Structure 10 feet Side yard: Garage/Accessory 5 feet Structure Rear yard: Principal Structure 15 feet Rear yard: Accessory Structure 5 feet 13. Minimum structure setbacks from Duckwood Drive shall be 40 feet. 14. Building coverage shall not exceed 20% for each single-family or twinhome lot, and 25% for each of the detached townhome units. 15. Building coverage for the townhomes and multiple family buildings shall not exceed 20%. 16. Building heights shall not exceed 35 feet. Multiple family structures may exceed 35 feet if the required additional setbacks are provided in accordance with the R-4 zoning district standards (an additional 3' for each 1' of building height over 35'). Parkin 17. The Final Planned Development shall provide for off-street parking in amounts that are consistent with the City's zoning ordinance. Additional off-street visitor parking shall be provided in the multiple family and townhome portions of the development. 18. Parking lot and pavement setbacks shall be a minimum of 20 feet from a public right-of-way to provide sufficient room for berming, screening, buffering and snow storage. Architectural Controls 19. Building elevation plans shall be provided with the Final Planned Development for each phase of the development. Such plans shall include specific architectural controls (i.e. design elements, building materials, etc.) that are consistent with the City's zoning ordinance, where applicable. Other Standards 20. This development shall comply with the provisions outlined in Section 11.70, Subdivision 21 of the City Code pertaining to site lighting, trash storage, walkways, interior storage space, etc. Detailed plans identified in Condition 4 demonstrating compliance shall be provided at the time of Final Planned Development.. Landscaping 21. A detailed Landscape Plan, consistent with the design standards and specifications in the City's landscape ordinance (Section 11.70, Subdivision 12) shall be provided with the Preliminary Subdivision and Final Planned Development. 22. Consistent landscape design elements shall be incorporated throughout the site to provide visual connections between the various parts of this planned development. 23. Berming and landscaping shall be provided along Yankee Doodle Road to provide a buffer between the multiple family buildings and this principal arterial. 23A. The Landscape Plan shall address screening/buffering between the private drive on the south side of the development and adjacent backyards and between the private drive on the north end of the west side of the development and the Carriage Hills condominium and shall include berms and plantings as necessary. Grading 24. Prior to final subdivision approval, detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes. 25. Prior to any grading of the Property, erosion control measures shall be installed and maintained in accordance with City code, City engineering standards, and MNPollution Control permit regulations. `7 Eagan City Council Meeting Minutes June 3, 2008 Page 6 26. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has current University of Minnesota Erosion/ Sediment Control Design training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 27. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/ Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 27A. The use of flagmen will be reviewed when the Development Agreement is prepared, and their use will be implemented by the Developer as determined to be necessary by the City. Storm Water Drainaize 28. Storm water management systems for this development shall be constructed in accordance with the City Storm Water Management Plan (Dec. 2005), the City Water Quality Plan, and City engineering standards. Wetlands 29. In accordance with Eagan City Code § 11.67 Subd. 4. B., the applicant shall have all wetlands fully or partially located on the site delineated by a Certified Wetland Delineator utilizing approved methods as stated in Minn. Rules Ch. 8420 and shall have all existing wetlands assessed utilizing the Minnesota Routine Assessment Method (Version 3.0 or later version). The delineation shall be completed prior to Preliminary Subdivision. 30. Any and all wetland delineations shall be conducted during the growing season (i.e., typically between April 15 and October 15) and shall be submitted to the City for review and approval. 31. Any proposals to impact any of the wetlands on the site by draining, filling, or excavating shall comply with Minn. Rules Ch. 8420 and shall be in accordance specifically with Eagan City Code § 11.67 Subd. 5., Wetland Sequencing and Replacement Requirements and Eagan City Code §11.67 Subd. 11., Wetland Submittal Requirements. 32. All of the wetlands on the site shall have Wetland Buffers in accordance with Eagan City Code § 11.67 Subd. 6. 33. All of the Wetland Buffers on the site shall satisfy Wetland Buffer Vegetative Requirements in accordance with Eagan City Code §11.67 Subd. 7. 34. All of the Wetland Buffers on the site shall be protected in accordance with Eagan City Code § 11.67 Subd. 8. 35. All of the Wetland Buffers on the site shall have markers in accordance with Eagan City Code § 11.67 Subd. 9. 36. The development of the site shall have wetland setbacks in accordance with Eagan City Code § 11.67 Subd. 10. 37. This development may be subject to cash dedications in lieu of the above wetland requirements, at the City's discretion. Water Quality 38. There shall be no-net increase, compared to existing conditions, in the amount of Total Phosphorus (TP) and Total Suspended Solids (TSS) leaving the site or 50 percent TP and 80 percent TSS must be removed from stormwater runoff, whichever is more restrictive. 39. The first one-half inch of stormwater runoff from any rainfall event shall be infiltrated or retained entirely on the site. 40. This development may be subject to cash dedications in lieu of the above water quality requirements, at the City's discretion. Tree Preservation 41. In accordance with the City's Tree Preservation Ordinance, Eagan City Code Section 11. 10, Subd. 15. 1, the applicant shall prepare and submit a Tree Preservation Plan with the Preliminary Subdivision application that: a. identifies all significant vegetation located on the application site, b. delineates limits of land disturbance and tallies significant vegetation proposed to removed, C. provides for any required tree mitigation, and d. indicates measures to protect significant vegetation intended to be preserved. 42, In order to utilize a "floating number" system pertaining to the final number of mitigation trees required. Complete fulfillment of all required mitigation to be installed prior to final project completion. 43, The applicant shall continue to work with city staff to identify additional opportunities for preservation during the development and construction process. 44. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be required to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 45. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. C' b Eagan City Council Meeting Minutes June 3, 2008 Page 7 Streets/ Access/ Circulation 46. This development shall be required to obtain a County access permit at time of final subdivision. Restricted access should be provided along the entire development adjacent to Yankee Doodle Road, except in the area of a possible right-in/ right-out access location. 47. All streets within the development, public or private, if any, shall be constructed in accordance with City code, with vehicle turnarounds to City and fire code requirements. 48. Continuous trails or sidewalks shall be provided between proposed Duckwood Drive and Yankee Doodle Road, to increase pedestrian circulation and connectivity. 49. All trails and sidewalks within the development shall be constructed in accordance with City engineering standards for width, structural dimension, and right-of-way dedication. 50. Direct driveway access to Duckwood Drive shall be prohibited. 50A. Traffic calming devices shall be implemented on Duckwood Drive with respect to the area between the full intersection on Duckwood Drive located within the development and the Duckwood Drive connection to Wescott Woodlands as determined by the City. Sanitary Sewer 51. A sanitary sewer system to serve the development shall be constructed in accordance with the City Comprehensive Sanitary Sewer Plan, and City engineering standards. 52. If sanitary sewer lift stations are required to utilize the capacity of all trunk sanitary sewer districts, to adequately serve the development, the stations shall be installed at the developer's expense. 53. This development should be responsible for the removal of all septic systems and wells, in accordance with City and County requirements. Water Main 54. Lateral water mains to serve the development for fire and domestic uses shall be constructed in accordance with the City Water Supply & Distribution Plan, and City engineering standards. Easement/Permits/Ri is-of-Way 55. 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. 56. 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. 57. If any improvements are to be installed under a City contract, the appropriate project shall be approved by Council action prior to final plat approval.57. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. 58. The development shall dedicate conservation easements to the City, in a form acceptable to the City Attorney, over those portions of the site that comprise the 30 acres of open space. These areas shall be shown and identified as Conservation Easement Area on the Final Site Plan prior to Final Planned Development approval. Financial Obligation 59. This development shall accept its additional financial obligations as defined below in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. Improvement Use Rate Quantity Amount Santa Sewer Lateral RI-4 $29.50/ ff. 2,590 f.f. $52,540(') Water Lateral RI-4 $29.80/ ff 2,390 ff. $71,222 Water Lateral R24 $37.52/ f. f, 4,980 ff. $182,391(2) Total Per Storm Sewer Lateral RI-4 $35.95/ f.f. 2,590 f.f. $83,625(3) Storm Sewer Trunk RI $0.11/ sf 762,300 sl(4) $83,853 Storm Sewer Trunk R24 $0.142/ sf 2,482,920 sP $352,575 Agreement - $76,405 (2008 Fee Schedule) - $23,865 levied assessment (2) Per Agreement - $186,850 (2008 Fee Schedule) - $4,459 levied assessment (3) Per Agreement - $93,110(2008 Fee Schedule) - $9,485 levied assessment (4) 32.5 acres - 15 acres conservation easement (estimated) = 17.5 acres = 762,300 sf (5) 72 acres - 15 acres conservation easement (estimated) = 57 acres = 2,482,920 sf Parks and Trails 60. The development shall provide connections to the existing off-site Eagan trail system and access points at the perimeter of the development to primary off-site amenities. Connections points include the east and west end of 9 Eagan City Council Meeting Minutes June 3, 2008 Page 8 I Duckwood and Wescott Hills Drive to Yankee Doodle. Off-site amenities include Mueller Farm Park, O'Leary Park and Woodland Elementary School. 61. A looping trail shall be installed through the open space with multiple points of access for residents and the public, possibly including benches and other furnishings, ownership and maintenance to be determined. 62. Trail dedication shall be satisfied through a combination of on-site trails, exclusive of sidewalks, and/or a cash payment consistent with the Eagan fee schedule, to be paid at the time of final plat at the rates then in effect. 63. This development shall provide a maintenance plan, in a form acceptable to the City Attorney, for the open space that includes regular eradication of invasive and non-native species, enhancement of planted areas as appropriate, and routine maintenance including trash removal. 64. This development shall install "tot-lots" that include play structures in those areas with high concentrations of multi-family units. Such tot lots shall be maintained by the Homeowner's Association. 65. This development shall provide useable turf space in those areas with high concentrations of multi-family units, sufficient to allow for informal outdoor play. Such areas shall be maintained by the Homeowner's Association PLANNED DEVELOPMENT AMENDMENT - BUFFALO WILD WINGS City Administrator Hedges introduced this item regarding a Planned Development Amendment for exterior modifications to the building at 1280 Promenade Place. The site will be the future home of Buffalo Wild Wings. City Planner Ridley gave a staff report. Matt Brokl, Buffalo Wild Wings, commented on the company's excitement about entering the Eagan market, provided background information on the company and stated the Grand Opening would be later this month. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment for exterior modifications to the building at 1280 Promenade Place, legally described as Lot 5, Block 2, Eagan Promenade, in the SE '/a of Section 10,subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office, and proof of recording shall be provided to the City. The following exhibits are required for the PD Amendment Agreement. • Building Elevations • Signage Plan 2. Screening of mechanical units shall comply with the City's mechanical screening ordinance and screening of individual units may be require if necessary to achieve compliance. PLANNED DEVELOPMENT AMENDMENT - EL PARIAN City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow on-sale liquor in conjunction with a Class I restaurant at 1960 Cliff Road #117. The site will be the future home of El Parian Mexican Restaurant. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow on-sale liquor in conjunction with a Class I restaurant at 1960 Cliff Road #117 (Cliff Lake Shopping Centre), legally described as Lot 2, Block 1, Cliff Lake Centre P Addition, subject to the following conditions: Aye: 5 Nay: 0 1. The Planned Development Amendment shall be recorded at the Dakota County Recorder's Office within 60 days of City Council approval. 2. On-sale liquor sales shall comply and be operated in accordance with all relevant state laws and regulations. ON-SALE LIQUOR AND SUNDAY LICENSE FOR EL PARIAN MEXICAN RESTAURANT, INC. DBA EL PARIAN MEXICAN RESTAURANT LOCATED AT 1960 CLIFF LAKE ROAD, #117 City Administrator Hedges noted that this item is in conjunction with the previously approved Planned Development Amendment for El Parian Mexican Restaurant. Eagan City Council Meeting Minutes June 3, 2008 Page 9 Restaurant owner Aldo Escoto introduced himself and commented that the restaurant is presently open. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the on-sale liquor and Sunday license for El Parian Mexican Restaurant, Inc. dba El Parian Mexican Restaurant located at 1960 Cliff Lake Road, #117. Aye:5 Nay:0 PLANNED DEVELOPMENT AMENDMENT - SLAWIK PROPERTIES City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow on-sale wine in conjunction with a Class I restaurant at 1565 Cliff Road (Thomas Lake Shopping Centre). City Planner Ridley gave a staff report. Property owner Brian Slawik introduced himself and restaurant operators Crystal and Frederick Klein. Mr. Klein stated they hope to open the restaurant in mid-August. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow on-sale wine in conjunction with a Class I restaurant at 1565 Cliff Road, legally described as Lot 1, Block 1, Thomas Lake, subject to the following conditions: Aye: 5 Nay: 0 1. The Planned Development Amendment shall be recorded at the Dakota County Recorder's Office within 60 days of City Council approval. 2. On-sale wine sales shall comply and be operated in accordance with all relevant state laws and regulations. ON-SALE WINE AND SUNDAY WINE FOR DE'LICES DE FRANCE BAKERY, LLC, DBA PARDON MY FRENCH, 1565 CLIFF ROAD, SUITE 1 City Administrator Hedges noted that this item is in conjunction with the previously approved Planned Development Amendment. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the On-Sale Wine and Sunday license for De'Lices De France Bakery, LLC, dba Pardon My French, 1565 Cliff Road, Suite 1. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - CHAPTER 6 ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" City Administrator Hedges discussed a proposed ordinance amendment to Chapter 6 in regard to solicitation regulations. Chief of Police McDonald discussed the need for background investigations on applicants and described the types of complaints that the Police Department and Administration staff receive from citizens in regard to door-to-door solicitors. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an amendment to Chapter 6 of the Eagan City Code entitled "Other Business Regulations and Licensing" by amending Section 6.36 regarding solicitation regulations; and by adopting by reference Eagan City Code Chapter 1 and Section 6.99. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. The regular City Council meeting was recessed at 10:15 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 10:20 p.m. ADMINISTRATIVE AGENDA Community Development Director Hohenstein discussed a joint letter from Dakota County and the City of Eagan to the Congressional Delegation regarding the relocation of the USPS Sorting Facility from St. Paul to Eagan. I/ I Eagan City Council Meeting Minutes June 3, 2008 Page 10 Councilmember Fields moved, Councilmember Tilley seconded a motion to authorize the submittal of a joint City- County letter to the Congressional delegation requesting their support of the City-County position regarding the need for the USPS to address local needs and standards. Aye: 5 Nay: 0 i VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Tilley moved, Councilmember Carlson seconded a motion to adjourn the meeting at 10:25 p.m. Administrative Secretary / Deputy City Clerk Date If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). 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, sexual orientation, marital status or status with regard to public assistance. I i i I I i l~ i II MINUTES SPECIAL CITY COUNCIL MEETING i TUESDAY, MAY 13, 2008 5:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Council members present: Mayor Maguire, Councilmembers Bakken, Carlson, and Tilley. (Councilmember Fields was not present.) City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Community Development Director Hohenstein, City Planner Ridley, Public Works Director Colbert, Communications Director Garrison, Superintendent of Utilities Schwartz, City Engineer Matthys and Superintendent of Streets Struve. 1. ROLL CALL AND AGENDA ADOPTION I i Mayor Maguire called the meeting to order. Councilmember Tilley moved; Councilmember Bakken seconded a motion to adopt the agenda as presented. Aye: 4; Nay: 0 II. PUBLIC WORKS 5-YEAR CIP (2009-2013) City Administrator Hedges introduced the item noting that each year the City Council adopts a Capital Improvement Program (CIP) for the community that becomes the planning guide for programming and scheduling various capital improvements. Hedges added that the CIP is comprised of three parts: Part I - Major community facilities and buildings, Part II - Major equipment and vehicles, and Part III - Infrastructure (Parks and Public Works). Prior to the presentation of the CIP, Public Works Director Colbert introduced Sam O'Connell, staff person from Dakota County, who provided an update on the status of the Robert Street Transit Corridor Study and its relationship to Eagan's future transportation needs. The City Council discussed the Robert Street Transit Corridor Study. Public Works Director Colbert, along with Superintendent of Utilities Schwanz, City Engineer Matthys, and Superintendent of Streets Struve provided an overview of the proposed five-year CIP. Councilmember Bakken left the meeting at 5:40 p.m. Councilmember Carlson left the meeting at 5:42 p.m. f Special City Council Minutes May 13, 2008 Page 2 - The City Council recessed at 5:55 p.m. Councilmembers Bakken and Carlson returned and the City Council reconvened at 6:02 p.m. The City Council discussed the proposed five-year CIP. A question was raised regarding the Diffley roundabout, and Public Works Director Colbert noted that the roundabout is anticipated to be constructed in 2008. The City Council had no recommended changes to the CIP and directed the item to the June 3, 2008 regular City Council agenda for formal consideration. i i III. REVIEW OF LANDOWNER RESPONSES RE: PLANNED DEVELOPMENTS City Administrator Hedges introduced the item noting that as one of the Council's 2007- 2008 goals, the City Council directed the preparation of an analysis of the City's planned developments (PD's) to form the basis for a review by the Advisory Planning Commission and City Council, to determine whether any of the PD's that had exceeded the terms should be extended, modified, or terminated. Hedges added that at the February 12, 2008 Special City Council meeting, the Council received their preliminary analysis of the status of the existing incomplete PD's with an expired term, and at that meeting the Council directed staff to contact twenty-one PD holders in an attempt to ascertain the current wishes of the owners. Community Development Director Hohenstein summarized the feedback that was received from twenty letters regarding the twenty-one properties that were sent in March. Hohenstein noted that the City has received responses pertaining to sixteen PD's. Hohenstein also noted that the overwhelming desire of the PD holders is to extend the term of the existing PD. The City Council discussed the status of the twenty-one properties with PD's. The Council suggested a formal survey of other communities to determine how best to review and extend or modify the current PD's that have exceeded their terms. The Council directed the following: • For PDs that are under 50% complete, they should be forwarded to the APC for consideration with a staff report and input from the owners in the near future. • For PDs that are between 50% and 75% complete, they should be analyzed by staff and the outcome of the analysis to be forwarded to the City Council for direction before being forwarded to the APC for action. • For PDs that are more than 75% complete, they should be provided extensions through Council Action. • Staff shall also prepare a process and timeline to conduct an annual review to see whether any other PDs exceed their terms and, depending upon the percentage of completion they are at, process them as outlined above. IIq - Special City Council Minutes May 13, 2008 Page 3 The City Council recessed at 6:55 p.m. The City Council reconvened at 7:08 p.m. IV. BURNSVILLE-EAGAN COMMUNITY TELEVISION LONG RANGE PLANNING City Administrator Hedges introduced the item noting that the current lease at the Burnsville-Eagan Community Television (BECT) facility expires December 31, 2008. Hedges noted that in July of 2007 at a joint meeting of two of Burnsville's City Councilmembers and two of Eagan's Councilmembers (known as the "Two Plus Two"), the idea of exploring additional partnerships including a partnership with school districts was encouraged. Hedges added that at the meetings of the Two Plus Two committee in 2008, Burnsville City Councilmembers indicated a strong preference for moving BECT to a location at Burnsville High School, and expressed little interest in other alternative locations. Communications Director Garrison noted to the City Council that Eagan's Councilmembers on the Two Plus Two committee have expressed concerns about the BHS location, including not being able to house all the staff together, and about potential damage or reduced equipment life with shared usage. Garrison noted that the direction of Eagan's Council representatives, staff held a focus group with Eagan Community Television volunteers to assess reaction to the various location options for the facility. Director Garrison noted that one of the facility location options being explored is at an Eagan corporate location, which would offer a professional atmosphere, flexible terms, and the creation of a high end studio with 24-7 access and security. It was noted that the corporate location offers the same waived rent, utilities and maintenance costs as the BHS location, but in exchange for a negotiated number of hours of studio time, video shooting and editing, helping to lower costs for the corporation in not having to subcontract these services. The corporate location would also involve an educational partnership with Eagan High School students for selective mentorships, create a potential savings of equal to or exceeding a BHS location with Community Television retaining ownership of all of its production equipment. The City Council discussed their feedback on a preferred location for the BECT facility and the restructure partnership with the City of Burnsville. Mayor Maguire noted the productive relationship the City of Eagan has had with Burnsville, and is interested in expanding partnerships to better serve both Eagan and Burnsville residents. Upon further Council discussion, the City Council directed staff to pursue a partnership with the identified Eagan corporation for the housing of BECT. The Council also directed staff to develop a Joint Powers Agreement with the corporation to be brought back for formal Council consideration. ~5 Special City Council Minutes May 13, 2008 Page 4 V. FOLLOW-UP TO PREVIOUS COUNCIL ACTION TAKEN IN RESPONSE TO THE PETITION TO COMPEL THE EAGAN CHARTER COMMISSION TO CONVENE A SPECIAL MEETING Mayor Maguire noted that this item was placed on the agenda at the request of Councilmembers Bakken and Carlson. The City Council discussed whether the Council should compel an additional Charter Commission meeting. i Three members of the Eagan public addressed the City Council with regard to the question of whether an additional Charter Commission meeting should be compelled. After City Council discussion, it was the consensus of the Council not to take any additional action to compel a future Eagan Charter Commission meeting. VI. OTHER BUSINESS There was no other business. VII. ADJOURNMENT Councilmember Tilley moved; Councilmember Bakken seconded a motion to adjourn the meeting at 7:58 p.m. Aye: 4, Nay: 0 I i Agenda Information Memo June 17, 2008 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Retirement/Police Sergeant-- ACTION TO BE CONSIDERED: To accept the letter of retirement from Steve Grimm, Police Sergeant, and acknowledge Steve for 25 years of service to the City of Eagan. Item 2. Full-time Overnight Custodian-Campus Facilities— ACTION TO BE CONSIDERED: To approve the hiring of a person to be named as full-time overnight custodian at the City's Campus Facilities. I Item 3. Full-time Overnight Custodian-Community Center-- ACTION TO BE CONSIDERED: To approve the hiring of a person to be named as full-time overnight custodian at the Eagan Community Center. Item 3. GIS Intern-- ACTION TO BE CONSIDERED: To approve the hiring of Margaret Bierman as a GIS Intern. Item 4. Seasonal Utilities Maintenance Worker— ACTION TO BE CONSIDERED: To approve the hiring of Josh Hoff as a seasonal utilities maintenance worker. Item 5. Seasonal Park Maintenance Workers-- ACTION TO BE CONSIDERED: To approve the hiring of Lauren Sturdivant, Cody Johnson and David Guenther as seasonal park maintenance workers. Item 6. Part-time Seasonal Art Instructors— ACTION TO BE CONSIDERED: To approve the hiring of Jonathan Childers and Wanda Borman as part-time seasonal art instructors. 1-7 Agenda Information Memo June 17, 2008 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated May 29, 2008, June 5, 2008 and June 12, 2008 as presented. ATTACHMENTS: • Check registers dated May 29, 2008, June 5, 2008 and June 12, 2008 are enclosed without page number. I 14~ ~ Agenda Information Memo June 17, 2008 Eagan City Council Meeting ~I D. ACCEPT A DONATION OF AN AUTOMATIC EXTERNAL DEFIBRILLATOR (AED) FROM NORTH STAR FOOD SERVICE I ACTION TO BE CONSIDERED. Accept the donation of an AED from North Star Foods Services. FACTS: • North Star Food Services is a company located in the City of Eagan. • They have offered to donate an Automatic External Automatic External Defibrillator to the Fire Department for its use. • The Fire Department would place this unit in service in one of their Chief's vehicles that does not yet have an AED. • If accepted, a thank you letter will be sent from the Fire Department. ATTACHMENTS: • Resolution on page i I I EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on June 17t1i 2008, at 6:30 p.m. The following members were present: I Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, North Star Food Service has offered to donate an Automatic External Defibrillator (AED) for use by the City of Eagan; and WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks North Star Food Service. I ADOPTED this 17t" day of June 2008. I Mike Maguire, Mayor ATTEST: Maria Petersen, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon the vote being taken thereon, the following voted in favor: and the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. ac) i Agenda Information Memo June 17, 2008 Eagan City Council Meeting E. RENEWALS FOR 2008-2009 MASSAGE THERAPY ESTABLISHMENT LICENSES ACTION TO BE CONSIDERED: Approve renewals of the following Massage Therapy Establishment Licenses: • Tranquility for You Massage Therapy - 3445 Washington Drive • Lifetime Fitness -1565 Thomas Center Drive • Keep In Touch - 3424 Denmark Avenue • Cole's Salon - 3450 Pilot Knob Road • Health Services Eagan, dba Massage Envy - 3250 Denmark Ave. #108 • Solimar Wellness Spa, Inc. - 1121 Town Centre Drive • Neuromuscular Connection - 4580 Scott Trail #210 • Affordable Therapeutic Massage - 4120 Lexington Ave. FACTS: • The above listed Massage Therapy Establishments have met all requirements of the application and fees have been paid. • Staff recommends approval of the license renewals. I ATTACHMENTS: j • None. The applications are available for review in the Administration Department I ~-1 Agenda Information Memo June 17, 2008 Eagan City Council Meeting F. RENEWALS FOR 2008-2009 AMUSEMENT DEVICE LICENSES ACTION TO BE CONSIDERED: Approve renewals of the following Amusement Device Licenses: Applicant Location of Amusement Devices • Theisen Vending Holiday Inn Express • Awe Vending Piccolo's Pizza, Eagan Com. Ctr., YMCA • Coinstar Entertainment Cub Foods i FACTS: • The above listed Amusement Device Licenses have met all requirements of the application and fees have bee paid. • Staff recommends approval of the license renewals. ATTACHMENTS: • None. The applications are available for review in the Administration Department I I Agenda Information Memo June 17, 2008, Eagan City Council Meeting G. DECLARE BICYCLES. UNCLAIMED PROPERTY AND MISCELLANEOUS CITY PROPERTY TO BE SURPLUS ACTION TO BE CONSIDERED: To declare bicycles, unclaimed property and miscellaneous City property to be surplus. j FACTS: ➢ Throughout the year, the City acquires a variety of unclaimed, stolen property and retires certain City equipment for a variety of reasons. State law permits the sale of these items to the highest designation as surplus property. ➢ Prior to the designation of surplus property, a list of items is circulated to all departments and, if there remains any public use of the property, it is reallocated to the appropriate department rather than being sold. ➢ On May 6, 2008, the City Council approved an agreement with Propertyroom.com, an online auction service specializing in the disposition of unclaimed property and surplus City property. Prior to sale of the property through Propertyroom.com, the appropriate legal notice will be published in the Thisweek Newspaper. ATTACHMENTS (1): ➢ 2008 auction item list on pages 41-- i i I 0~3 I i Surplus Property List Asset # i Dennison 1st Impression with the covers for sealing #2857 3M 939 Microfilm Reader #2103 3M Overhead Slide Kodak Projector (Police) #2799 3M Overhead Slide Kodak Projector (Police) #3063 Mutual 50 Manual 2 Hole Punch TI Calculator Sharp Calculator Kodak Ekagraphic Slide Projector #4582363 DB Kodak Carousel Slide Tray Dictation Machines (5) 3-Boxes of Lektriever files 1-Box of paddle locks and keys 1-Desktop Premier Letter Folder 1-Sure-Shot Camera 1-Hand Held Radio 1-Auto & Air DC Power Adapter for Notebook Computers 2-Dictaphone Transcribers KIP 2050 Scanner/Copier and Printer #6467 Table Saw Radial Arm Saw Miscellaneous Office Supplies t E u r~ ~J (IT 1/ 3 t ko- r k z (n .J sin 1-31 I ZF ~ h C-~ ~ ~ y i .-r 14 57- co 09 3 _ _ _ .,C r- ^1J p ~J r~ Ln r- 0 cu ~I I J 1 ~ Z ~ 5 111 ti i J n V lj LQ V t J ~lj °~Le w , w / J y ~ r1 Q v J ' I G+ I iJ i M n U~ Cf J CP `J 1 [ .J 7 J r J 33 t-; rr~~ (l I, w t~ W w r\j J :J sJ J c / r r j v- a;~ C7 w I c4 i 1 ( ' r r' J V7) yq L J J)I d M U ~~t1 Q 'ice Q/1 ~ \•.f ~ 'J1 ~~n i 3 _ yy ^ o() 00 m 6r r ~ III fi7 w i v M a J J 1 zne z l 4 3D Agenda Information Memo June 17, 2008, Eagan City Council Meeting H. APPROVE FIREWORKS PERMIT FOR RES SPECIALTY PYROTECHNICS INC. AND WAIVE THE LICENSE FEE AS REQUESTED BY THE JULY 4' FUNFEST COMMITTEE ACTIONS TO BE CONSIDERED: To approve the fireworks permit for RES Specialty Pyrotechnics Inc. and waive the license fee as requested by the July 4t" Funfest Committee. FACTS: ➢ The July 4t" Funfest Committee, along with the City of Eagan, is sponsoring the July 4t" fireworks display. ➢ RES Specialty Pyrotechnics, Inc. has applied for the fireworks permit and it has been deemed in order by the City's fire chief and fire marshal. ➢ The July 4t" Funfest Committee is requesting that the $100.50 permit fee be waived. ATTACHMENTS (2): Fireworks permit enclosed on pages through 33 Letter requesting fee be waived from July 4t" Funfest Committee enclosed on page -S i I i i ~I For Office Use j Permit I City of Evd j Permit Fee: j 3830 Pilot Knob Road I Date Received: I Eagan MN 55122 I Phone: (651) 675-5675 Fax: (651) 675-5694 Staff: 2008 FIREWORKS / PYROTECHNICS APPLICATION Application must be completed and returned at least 15 days prior to date of display and include: • Proof of a $1,000,000 Bond or Certificate of Insurance. • A diagram of the ground, or indoor display facilities, drawn to scale or with dimensions included, illustrating the point at which the fireworks/pyrotechnic special effects are to be discharged; location of ground pieces; location of all buildings, highways, streets, communication lines and other possible overhead obstructions; and the lines behind which the audience will be restrained. For proximate audience (e.g. indoor displays), the diagram must also include the fallout radius for each pyrotechnic device used during the display. • Names and ages of all assistants participating in the display. • Pyrotechnics plan-requires: Certifications that are set, scenery, and rigging materials are inherently flame-retardant or have been treated to achieve flame retardancy. (NFPA 1126: 4-3.2) Date of Display: July 4th, 2008 Time of Display: approx. 10:00 PM Display Address: Eagan Community Center Ulty APPLICANT / Name: Eagan o 4th aon of July Committee Phone: SPONSORING ORGANIZATION Address / City / Zip: 3830 Pilot Knob Road, Eagan, MN 55122 AUTHORIZED Name: RES Specialty Pyrotechnics Inc. Phone: 952-873-3113 AGENT Address/ City/Zip: 21595 286th Street, Belle Plaine, MN 56011 SUPERVISING Name: Erv Haman Certificate Number: B0199 OPERATOR Manner & place of storage of fireworks/ pyrotechnic special effects prior to display. N/A Delivered Day of Show i Type of fireworks/ pyrotechnic special effects prior to display: See Attached List I a Type of fireworks / pyrotechnic special effects to be discharged: See Attached List Quantity: Permit Fee: $100.50 (includes $.50 state surcharge) If a fire watch is needed, an additional fee will be assessed in accordance with the City's fee schedule The State of Minnesota requires that this display be conducted under the direct supervision of a pyrotechnic operator certified by the State Fire Marshal. 1 Darcy Tacheny understand and agree to comply with all provisions of this application and the re ' ents of the is ' authority, and will ensure that the fireworks/pyrotechnic special effects are discharged in a manner that will not e dan r sons o Mroy cons to a nuisance. X lQMN Date: x 6/5/08 Appft an gent Discharge of the listed fireworks on the date and abo location is hereby approved subject to the following conditions, if any: it / Date: Ca -/0-(* Fire Chief / Fire Marshal APPLICATION FOR DISPLAY OF FIREWORKS/PYROTECHNIC SPECIAL EFFECTS Applicant instructions: 1. This application must be completed and returned at least 15 days prior to date of display. 2. Fee upon application is $ and must be made payable to City of Eagan. Name of applicant (Sponsoring Organization): Eagan 4th of July Committee, City of Eagan Address of applicant: 3830 Pilot Knob Road, Eagan, MN 55122 Name of authorized agent of applicant: RES Specialty Pyrotechnics Inc. Address of agent: 21595 286th Street, Belle Plaine, MN 56011 Telephone number of agent: 952-873-3113 Date of display: July 4th, 2008 Time of display: approx. 10:00 PM Location of display: Eagan Community Center Manner and place of storage of fireworks/pyrotechnic special effects prior to display: NIA - Delivered Day of Show. Type & number of fireworks/pyrotechnic special effects to be discharged: See Attached List Minnesota State law requires that this display be conducted under the direct supervision of a pyrotechnic operator certified by the State Fire Marshal. Name of supervising operator: Erv Haman Certificate B0199 I understand and agree to comply with all provisions of this application and the requirements of the issuing authority, and will ensure tha fireworks/ pyrotechnic special effects are discharged in a manner that will not endanger persons or propert or co titu n n Signature of applicant (or agent • ate of application: 6/5/08 i Required attachments: The following attachments must be included with this application: 1. Proof of a bond or certificate of insurance in the amount of at least $1,000,000.00 2. A diagram of the grounds, or facilities (for indoor displays), at which the display will be held. This diagram (drawn to scale or with dimensions included) must show the point at which the fireworks/pyrotechnic special effects are to be discharged; the location of ground pieces; the location of all buildings, highways, streets, communication lines and other possible overhead obstructions; and the lines behind which the audience will be restrained. For proximate audience (e.g. indoor) displays, the diagram must also show the fallout radius for each pyrotechnic device used during the display. 3. Names and ages of all assistants that will be participating in the display. The discharge of the listed fireworks on the date and at the location shown on this application is hereby approved, subject to the following conditions, . any: Signature of fire chief/county eriff: Date: fo Signature of issuing authori Date: i J T 4 EAGAN'S JUly 4th FUNFEST WWW.EAGANFUNFEST.COM MAY 28TH, 2008 CITY OF EAGAN PERMITS AND LICENSING TO WHOM IT MAY CONCERN, THANK YOU TO THE CITY OF EAGAN FOR THEIR CONTINUAL SUPPORT OF THE FUNFEST EVENT AND OUR COMMITTEE. WE ARC PLACING A WRITTEN REQUEST, ASKING THE FEE ASSOCIATED WITH FIREWORKS/PYROTECHNICS, PLEASE BE WAIVED FOR. THE EAGAN JULY 4TH FUNFEST FIREWORKS DISPLAY. THE FIREWORKS DISPLAY IS SCHEDULED FOR 10:00 PM FRIDAY, JULY 4TH' 2008. PLEASE ADVISE OUR CHAIRMAN, RALEIGH SEELIG OF YOUR DECISION ON THIS MATTER. RALEIGH MAY BE CONTACTED BY PHONE AT 651-452-4669, BY EMAIL R.SEELIG C@COMCAST.NET OR FUNFEST OFFICE ADDRESS 1774 BLUESTONE DRIVE EAGAN, MN 55122. I THANK YOU FOR YOUR ATTENTION TO OUR REQUEST. SINCERELY, CORY HILDEN SECRETARY EAGAN'S JULY 4TH FUNFEST I!, i Agenda Information Memo June 17, 2008 City Council Meeting ~I 1. SCHEDULE A SPECIAL CITY COUNCIL WORKSHOP ON JULY 22, 2008 AT 5:30 P.M. i ACTION TO BE CONSIDERED: To schedule a Special City Council Workshop on Tuesday, July 22, 2008. FACTS: • Per the request of the City Council, a Special City Council meeting is proposed for July 22 to allow staff to provide an update on the 2009 General Fund Budget. • A Special City council meeting is also scheduled for July 8, for the sole purpose of conducting interviews of those who apply to fill the Council vacancy resulting from Councilmember Carlson's resignation. ATTACHMENTS: None i 3C37 I Agenda Information Memo June 17, 2008 Eagan City Council Meeting J. CONTRACT 08-07, WATER RESERVOIR RECONDITIONING . (LEXINGTON/DIFFLEY AND SAFARI) ACTION TO BE CONSIDERED: Receive the bids and award Contract 08-07 (Reservoir Repainting) to the lowest responsible bidder. FACTS: • The Lexington/Diffley and Safari Water Reservoirs are both 4 million gallon water storage tanks providing reserve capacity and sustainable pressure for the City's water distribution system. The Lexington/Diffley reservoir was originally built in 1988. This tank requires a full interior and exterior reconditioning and repainting. The Safari reservoir as built in 1982 and was reconditioned in 1999. This tank requires primarily structural repairs and exterior-only refurbishment. • In 2006, all City reservoirs were thoroughly inspected inside and out. A condition rating was performed with required and recommended improvements documented. These improvements were then integrated into the Public Works Department Capital Improvement Program (CIP) for efficient and economical scheduling. These two tanks were programmed for 2008 in the 5yr CIP approved by Council on June 19, 2007. It was subsequently included in the 2008 Utility Enterprise Operating Budget approved by Council on December 18, 2007. • Because these reservoirs are critical to maintaining the City's water distribution system, and the seasonally constrained repainting associated with the overall refurbishment conflicts with the City's peak water use periods, these two reservoirs have to be taken out of service during different times. Also, both reservoirs have numerous wireless communication antennae attached to them requiring close coordination with these leased tenants for their removal and reinstallation. Subsequently, the Lexington/Diffley tank is proposed to be out of service and under contract work from August 4th to Sept. 26, 2008. The Safari tank will be out of service next year from May 4 to June 12, 2009. They are both being bid under one contract in hopes of achieving an economy of scale. • On April 15, the Council approved the detail plans and specs and authorized the advertisement for a competitive bid opening subsequently held on June 12, 2008. The specifications requested bids for each tank separately, with an alternate deduct bid for the pre-painting removal of telecommunication equipment and an add bid for the installation of the City logo on the Lexington Diffley tank. An additional deduct bid was requested if both tanks were awarded at the same time. • The City also required the bidders to submit detailed information to allow the City to evaluate the capabilities of a responsible bidder. Due to the numerous combinations of determining the best option for the City and required research of bidder qualifications, the results of the evaluation and staff's recommendation will be forwarded with the Additional Information Memo on Monday, June 16. ISSUES: • The Safari Reservoir currently has the old City logo applied to 3 sides which will be replaced with new logos under this contract. The logo at this location not only identifies our community to the thousands of daily high speed commuters on 35E, but it also helps to buffer the visual impact of the numerous antennae facilities located on this structure. However, the Lexington/Diffley Reservoir currently does not have the City logo applied due to its lower profile and adjacency to a major City park. The City Council should specifically consider the inclusion of this new logo on 2 sides (north and southeast) as the view to the southwest is very limited by the adjacent heavily wooded developments. The cost of this alternate will also be provided with the overall bid consideration on Monday. ATTACHMENTS: 0 Location map, page City of Eagan Safari & Lex./Diffley Reservoirs LD(INGTON; SAFARI feet 0 2,000 4,000 Created By: City of I..W Public Works GIS Dept. Dole:Aprfi 11, 2008 ~\USERS\PUOWORKO\ProlecL\Ufytie.\NLIe\Sdermzd Lone Oak n~ 2 Yankee Doodle o o co c o ~y Q LEXINGTON RESERVOIR 1100 Diffley Road Diffley Road Cliff'Road c Cliff Road c Y 0 'a. SAFARI RESERVOIR 4997 Safari Pass i Agenda Information Memo June 17, 2008 Eagan City Council Meeting RTFI D PKWY - 35E OVERPASS 08-06, ACTION TO BE CONSIDERED: Approve Change Order No. 1 for Contract 08-06 (Northwood P1cwy - 35E Overpass) for the Northwood Parkway bridge over 35E and authorize the Mayor and City Clerk to execute all related documents. i FACTS: • Contract 08-06 provides for the extension of Northwood Parkway over I-35E from Pilot Knob Road to Denmark Avenue, reconfiguration of the existing Northwood Parkway/ Denmark Avenue intersection with a roundabout, bituminous trails on both sides of Northwood Parkway, and decorative street lighting. • Change Order No. 1 provides for the addition of one storm sewer structure, one casting, and reinforced concrete pipe to capture offsite storm runoff from a property adjacent to the project; install floating silt curtain for the two (2) ponds on the east side of I-35E; and, compensation for the use of private parking lot space for the construction trailer. • Addition of the storm sewer structure, casting and associated pipe will reduce the potential for storm water flowing onto and/or over the new trail surface and roadway by capturing offsite drainage before it encroaches on the trail and roadway (ADD $2,022.60). • Installation of floating silt curtain in Pond DP-4 and Pond DP-27 will provide improved sediment control from the adjacent construction activities (ADD $6,400). • Compensation for the use of the parking lot is required because right-of-way is not available on this project. Payment is in accordance to the project special provisions and Mn/DOT 2031.2 (ADD $2,000). • Additionally, Change Order No. 1 incorporates the following technical changes to the contract for which no additional compensation will be made: o The Minnesota Department of Transportation has revised allowance for Temporary Lane Closures on I-35E since the contract was approved. These revised lane restrictions are incorporated into the project contract. o The discovery of silty material on the east and west pier locations required differing excavation procedures for construction. The method of construction is the same, however, the disturbance to the silt layer shall be minimized. A specific compaction method shall be used during construction of the piers. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for a total ADD of $10,422.60 (0.3% of original contract). 100% of the costs will be financed through the City's Major Street Fund. I Agenda Information Memo June 17, 2008 Eagan City Council Meeting I I L. PARKING SETBACK VARIANCES ACTION TO BE CONSIDERED: Schedule a public hearing to be held on July 1, 2008, to consider variances to miscellaneous parking lot setbacks associated with public improvements. FACTS: • The City of Eagan was the lead agency for Contract 06-01 providing for the upgrade of a 2.7 mile segment of Trunk Highway (TH) 149, beginning north of TH 55 and terminating in Inver Grove Heights at Albano Trail. The upgrade of TH 149 to a 4-lane divided roadway included a new traffic signal at the intersection of Wescott Road, and dedicated safety turn lanes at various street intersections. A trail was also constructed along the east side between TH 55 and Wescott Road. • The City of Eagan is currently under construction with Contract 08-06 to provide for the extension of Northwood Parkway over I-35E from Pilot Knob Road to Denmark Avenue. This new construction includes the reconfiguration of the existing Northwood Parkway/ Denmark Avenue intersection with a roundabout, bituminous trails on both sides of Northwood Parkway, and decorative street lighting. • Public right-of-way or easements were acquired as part of both contracts to accommodate trail construction. • As construction of both contracts occurs within developed areas of the City, the right-of-way and easement acquisition from some of the adjacent properties resulted in non-conformance in the required setbacks of parking for each property. • Parking setback issues were created for two parcels along TH 149, 3660 Dodd Road and 3680 Dodd Road, and one parcel along Northwood Parkway, 1362 High Site Drive. • The consideration of such setback variances by the City Council requires that a Public Hearing be held to review and discuss the proposed variances. f i i i Agenda Information Memo June 17, 2008 Eagan City Council Meeting M. MINIMUM MAINTENANCE ROAD DESIGNATION - WUTHERING HEIGHTS RD. ACTION TO BE CONSIDERED: Approve Wuthering Heights Rd. and Hazel Rd as Minimum Maintenance Roads, authorize the installation of appropriate signage and authorize the mayor and City clerk to execute related resolution. I FACTS: • Wuthering Heights Rd is a substandard gravel road located north of Silver Bell Rd. and east of Nicols Rd. providing access to 12 properties. The right of way was dedicated/conveyed to the City over time in the early township days as this area began to develop. Except for the winter snow removal performed by the City, the remaining road and drainage maintenance was assumed and performed by the adjacent property owners through their own arrangements. In recent years, this gravel access road has begun to deteriorate due to lack of adequate roadbed maintenance. • Hazel Road is a non-existent platted right of way extending west of Wuthering Heights Road. • The City of Eagan does not have any formal maintenance agreement with the neighborhood nor do we have any knowledge of an agreement between the property owners themselves that insures that the road will be maintained to minimum standards for public safety. • In order to minimize the City's liability exposure, it is necessary to either bring it up to current City standards of assessable curb, gutter, paving and storm drainage facilities and assume year round maintenance, or designate it as a "Minimum Maintenance Road" and post it as such with the added advisory of "Travel at Your Own Risk". • As required by law, a notice was sent to all affected property owners informing them of the City's proposed action. As of the date of this packet preparation, the City has not received any calls or communications from any property owner. • This proposed action has been reviewed with the City Attorney's office and found to be within the allowed discretionary action of the Council. ATTACHMENTS: • Notice to Property Owners, page4 • Location map, page . • Resolution, page I i utiaarit- g Heights cn-ki x Minimum Maintenance Road z AINH r 1 I i I T i tat ,4 City of ENOTICE TO WUTHERING HEIGHTS NEIGHBORHOOD Proposal: Officially designate Wuthering Heights Road as a "Minimum Maintenance" road I As one of the oldest local streets in Eagan, Wuthering Heights Road was originally cut in by the original land settlers in the area. With the exception of winter snow removal by the City of Eagan, the ongoing maintenance of this gravel access road has been satisfactorily performed over the years by those that use it. However, recently the City has noticed that portions of this local road are gradually deteriorating and are in need of some significant maintenance efforts. Because the City is not aware of any formal or informal agreements or covenants that might be in place to govern these private maintenance duties, we have concerns about this situation. The City has historically recognized the desires of the neighborhood to perform their own maintenance in lieu of having the street improved to City standards (concrete curb, gutter, drainage pipes and blacktop surfacing). These are the improvements that would be required for the City to assume year round maintenance responsibilities. When the 2 most recent developments (Wuthering Heights Addition & Stevens Addition) occurred in 1993, the City Council waived the City Code requirement to have Wuthering Heights Road improved to City standards in recognition of the residents' interests to keep it a locally maintained road. i However, if a majority of the residents express an interest to improve this road to City standards, a feasibility report can be prepared estimating the costs associated with these upgrades. Typically, all costs associated with bringing local roads to City standards are assessed to all adjacent and/or benefitting property owners. Until such a petition is submitted to the City, Wuthering Heights Road will have to continue to be maintained in a safe and passable condition by the neighborhood. Since there is no formal maintenance agreement with the City to assure this, it has become necessary for the City to post informational signage about unexpected road hazards. This sign would be placed on Wuthering Heights Rd. just off of Silver Bell Rd. and would state "Minimum Maintenance Road - Travel At Your Own Risk." This notice is to inform you of this intent. The City Council will be considering this action at its regular meeting of June 17, 2008. For additional information, please contact our Street Maintenance Division at (651) 675-5300. 40-\ EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on , at 6:30 p.m. The following members were present: Maguire, Bakken, Carlson, Fields and Tilley; and the following were absent: none. Member introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING MINIMUM-MAINTENANCE ROAD WHEREAS, Wuthering Heights Road and Hazel Road are roads within the City limits; and WHEREAS, the length of Wuthering Heights Road from Silver Bell Road to 720 feet north is used only occasionally and intermittently for local passenger and commercial travel; and WHEREAS, the length of Hazel Road from Wuthering Heights Road to 120 feet west is used only occasionally and intermittently for local passenger and commercial travel; and WHEREAS, Minn. Stat. § 160.095 requires a resolution for any road authority to designate a road under its jurisdiction as a minimum-maintenance road. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that Wuthering Heights Road from Silver Bell Road to 720 feet north is hereby designated a minimum-maintenance road; and i BE IT FURTHER RESOLVED, that Hazel Road from Wuthering Heights Road to 120 feet west is hereby designated a minimum-maintenance road. ADOPTED this _ day of June, 2008. Mike Maguire ATTEST: I i Maria Petersen, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor: Maguire, Bakl en, Carlson, Fields and Tilley; and the following voted against the same: none. WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. j Agenda Information Memo June 17, 2008 Eagan City Council Meeting N. CONTRACT 08-10, PATRICK EAGAN PARK PARKING LOT IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 08-10 (Patrick Eagan Park - Parking Lot Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, July 10, 2008. i FACTS: • Contract 08-10 provides for the parking lot and entrance improvements within Patrick Eagan Park near the Art House as provided for in the Patrick Eagan Park Master Plan approved by the City Council on November 21, 2006 after a series of public meetings. The proposed improvements were phased into the approved Parks Department CIP beginning in 2007. Completion of the final phase is expected by the end of 2009. Funding is from the Park Site Fund. • Included in the Master Plan improvements scheduled for 2008 are the construction of a 20-stall parking lot and drop-off drive near the Art House, pedestrian trail improvements, and the removal of the existing gravel driveway entrance onto Lexington Avenue. Upon completion of the improvements, vehicle access to the Art House will be via the existing shared entrance with United Methodist Church directly aligned with Northview Park Road which will be signalized in the near future. • The plans and specifications for these improvements have been completed by the City Engineer on behalf of the Parks Department and are being presented to the City Council for their approval and authorization for the advertisement of bids. ATTACHMENTS Ll C-- • Site plan layout sketch, page I ~cf Z - A r`Lte1 D_ A ~Z / /C,o rf' n ✓ D J Z NOV' c tz, K/ rr M P Z / r Y rr A I. .I Acl ~5 E3 I. m e~ rll ~r -~I ' 1 : : I ' r - III I --I i 1 'I:I: .I M -0 m ° yt Z m : I I rn m ri X-r 70 -A 1t [7 - t D I _ _rH r r ~ ° ~x t - I £ r t d ~a.- ~ r az -D M A -41 Z° ART HOUSE tt 1 I 0 0, ~ L~ c- r i ° ty -r = H r r :I Ad C3 A 1 rl I I ri A r'I ~ m 50 ~'1 4`~ r I .D-: x r1 J t~ i I. Z~ k_ e ~ r ~y i a t ty ty _ A oft j A rrl Z i D .T 4 x a LEXINGTON AVENUE mm 0 N "efby"" ba""=p PATRICK EAGAN PARK CBy COM2d Q: 0&10 pedfira4on,or re pod eras prepared PVmions bn me or under my died wp.= CRy Prujed E: 2817.6752 E.l..Wn dull... duly Li°ensed PROJECT # 2817.6752 File Name: Plandreetl Daie Professional Engines underlhe I.- Designedby. JPG otl.SaleolMinnesola CONTRACT # 08-10 City of Ea~aIl Pdnt Name: John Gorden D.- by: Dm synature - - En ineerin De artment chedcedby. RAM „a, SITE IMPROVEMENTS 9_ 9 P Agenda Information Memo June 17, 2008 Eagan City Council Meeting P. DEVELOPMENT AGREEMENT AMENDMENT - MARSH COVE CITY PROJECT 07-0 ACTION TO BE CONSIDERED: Approve an amendment to the Development Agreement providing for the extension of contract completion dates for Marsh Cove (City Project No. 07-0). FACTS: • Marsh Cove is an 11-lot single-family residential subdivision located west of Dodd Road and south of Red Pine Lane in the southern portion of the city. The approved development agreement required the installation of public sanitary sewer, lift station structure, water main, storm sewer, street improvements and related grading, to be performed privately by the developer under the terms and conditions of the development contract. • Rich Ragatz, Epic Development, has requested extension of the interim completion dates for various improvements identified in the development contract, due to weather conditions and unforeseen soil conditions encountered on the development site. The request is to extend the completion date for utility installation from June 1, 2008 to July 15, 2008, and all street and trail work from June 15, 2008 to August 15, 2008. • The Public Works Department has reviewed the requested new completion dates and found all terms to be in order for favorable Council action to amend the related Development Agreement accordingly. ATTACHMENTS: • Letter from Developer, pageLF7 . i i i i EPIC DEVELOPMENT, LLC Memorandum To: John Gorder, F.E., Assistant City Engineer From: Rich Ragatz of Epic Land Investment I, LLC Date: June 10, 2008 RE: Marsh Cove - Request to extend Construction Dates in the Development Contract John- As a follow-up to -our recent conversations, I am formally requesting that you extend the construction timelines outlined in the Marsh Cove Development contract. As we discussed, I would life the utility construction extended to July 15, 2008 and everything else, including streets/trails to August 15, 2008. Let me know if you need anything else and thanks for your help. Rich Ragatz, President of Epic Land Investment I, LLC c L4~ 9820 Sky Lane / Eden Prairie, MN 553,47 / Phone: 612.730.2814 / Fax: 952.906.3557 / Email: rich@epicdevelopment.com Agenda Information Memo June 17, 2008 Eagan City Council Meeting Q. APPROVE A RESOLUTION APPROVING THE TERMS O A REVOLVING INTERNAL LOAN IN CONNECTION WITH TIF DISTRICT NO. 2-5 (BLUE GENTIAN REDEVELOPMENT) ACTION TO CONSIDERED: To approve the resolution approving the terms of a revolving internal loan in connection with TIF District No. 2-5 (Blue Gentian Redevelopment) FACTS: • The City has approved the establishment of Tax Increment Financing District No. 2-5, within Development District No. 2-Revised, and has adopted a tax increment financing plan for the purpose of financing certain improvements within the Project. • The City has determined to pay for certain costs identified in the TIF Plan consisting of land and building acquisition, public improvements, site improvements, parking facilities, administrative expenses, and pooling which costs will be financed on a temporary basis from City funds available for such purposes. • Under Minnesota Statutes, Section 469.178, Subdivision 7, the City is j authorized to advance or loan money from the City's General Fund or any other fund from which such advances may be legally made, in order to finance the qualified costs. • The City annually intends to make payments on the loan to reimburse advances for the qualified costs from tax increments derived from the TIF District in accordance with the terms of the resolution. ATTACHMENTS: • A copy of the resolution is enclosed on pages ! and CITY OF EAGAN MINNESOTA RESOLUTION RESOLUTION APPROVING THE TERMS OF A REVOLVING INTERNAL LOAN IN CONNECTION WITH TIF DISTRICT NO. 2-5 (BLUE GENTIAN REDEVELOPMENT) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EAGAN MINNESOTA ("CITY") AS FOLLOWS: Section 1. Background. 1.01. The City has heretofore approved the establishment of Tax Increment Financing District No. 2-5, (the "TIF District") within Development District No. 2-Revised (the "Project"), and has adopted a tax increment financing plan for the purpose of financing certain improvements within the Project. 1.02. The City has determined to pay for certain costs identified in the TIF Plan consisting of land and building acquisition, public improvements, site improvements, parking facilities, administrative expenses, and pooling (collectively, the "Qualified Costs"), which costs will be financed on a temporary basis from City funds available for such purposes. 1.03. Under Minnesota Statutes, Section 469.175, Subdivision 7, the City is authorized to advance or loan money from the City's general fund or any other fund from which such advances may be legally made, in order to finance the Qualified Costs. 1.04. The City annually intends to make payments on the loan to reimburse advances for the Qualified Costs from tax increments derived from the TIF District in accordance with the terms of this resolution (which terms are referred to collectively as the "TIF Loan"). Section 2. Terms of TIF Loan. 2.01. The City shall repay to the City fund from which the Qualified Costs are initially paid, annually all Available Tax Increment. The maximum amount that may be outstanding at any point in time is $22,500,000. Interest on the outstanding revolving loan balance shall be calculated each December 31 at the rate of the City's investment earnings, with the rate not to exceed the greatest of (a) the rate specified under Minnesota Statutes, Section 270.75, or (b) the rate specified under Minnesota Statutes, Section 549.09. 2.02. Payments shall be made in the amount and only to the extent of Available Tax Increment as hereinafter defined is available. 2.03. Payments on this TIF Loan are payable solely from "Available Tax Increment," which shall mean, all of the tax increment generated with respect to the property within the TIF District and remitted to the City by Dakota County, all in accordance with Minnesota Statutes, Sections 469.174 to 469.179. Payments on this TIF Loan are subordinate to any outstanding or future bonds, notes or contracts secured in whole or in part with Available Tax Increment, and are on parity with any other outstanding or future interfund loans secured in whole or in part with Available Tax Increment. 2.04. The principal sum and all accrued interest payable under this TIF Loan are pre- payable in whole or in part at any time by the City without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under this TIF Loan. 2.05. This TIF Loan is evidence of an internal borrowing by the City in accordance with Minnesota Statutes, Section 469.178, subdivision 7, and is a limited obligation payable solely from Available Tax Increment pledged to the payment hereof under this resolution. This TIF Loan and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the City. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on this TIF Loan or other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this TIF Loan or other costs incident hereto, 2.06. The City may amend the terms of this TIF Loan at any time by resolution of the City Council, including a determination to forgive the outstanding principal amount and accrued interest to the extent permissible under law. Section 3. Effective Date. This resolution is effective for all TIF District 2-5 expenditures. Adopted this day of 2008. Motion by: CITY OF EAGAN CITY COUNCIL Seconded by: By: Those in Favor: Its Mayor Those Against: Attest: Its Clerk Dated: CERTIFICATION I, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this day of , 2008. Maria Petersen, City Clerk Agenda Information Memo Eagan City Council Meeting Consent Agenda April 15, 2008 R. AUTHORIZE INITIATION OF REZONING PROCESS FOR PROPERTIES IN WOODLANDS NORTH AND SOUTHERN HILLS PLANNED DEVELOPMENTS ACTION TO BE CONSIDERED: To authorize the initiation of the rezoning process for the single family detached areas in the Woodlands North and Southern Hills Planned Developments. FACTS: I'➢ The planned developments (PDs) within the City have been created for a variety of purposes and a number of modifications to the City's zoning standards are incorporated within them. In some cases those modifications are integral to the development and the PD zoning is appropriate indefinitely. In other cases, upon completion of the development, a standard zoning category may be appropriate for parts of PD zones. ➢ Depending upon the modifications in the original PD, properties in such areas may still require some consideration, such as a variance to some standard if they are rezoned to a straight zoning category to permit them to continue to be conforming uses. ➢ Several years ago, the City conducted a review of a number of PDs and, in those situations in which it was appropriate, rezonings were undertaken through a notification to the neighborhood and consideration by the APC and City Council. ➢ At a retreat in early 2008, the City Council authorized Councilmember Bakken to review certain PDs to determine whether it would be appropriate to rezone them to straight zoning. Councilmember Bakken reviewed the Woodlands North and Southern Hills PDs and found that some or all of those PDs could be rezoned to a standard zoning category. He requested additional review by staff and the City Attorney. ➢ That review concluded that the single family detached areas of those PDs could be rezoned to R-1 (Single Family Residential), although a blanket front yard setback variance in one of the cases. It was concluded that the townhome portion of the Woodlands North PD involved a range of modifications to standards, such that the most appropriate way for it to remain a conforming development would be for it to remain under its PD zoning. ➢ This business item proposes to authorize the staff and APC to undertake the notification and review process previously developed for this purpose in order to prepare a recommendation to the City Council relative to rezoning of the two PDs. ATTACHMENTS: (1) Location Map on page Eagan Boundary Right-of-way Parcel Area Location Map ~ Park Area _i Building Footprint _ y y"utal LF 1 l y9( 0D GO. Co, HWY. N0. 88 (YANKEE DOUDLE RD.) 5 n wcsco - I r'~ l.J 0 1 ~ of L- 1 ~ - ~ LLB S~ v {3 0.4 © The Woodlands No ~ rth • c 1 7 ' ? ~ CD e, a Q 4 a ~ c~~ C MIL ~ 4'0 - ~ ( o cu ~ .ENO ii aracr ~ ? i rv Q d "t~' ~afv' 45Q{J _ PJ- r 1 e,~ Q ~ ~ ~ 6 C7 o . © © © 4~ -f n fV~ a South Hills 4 QC56 Ea 90Q • 6 Q © © C~, FJ~.b „ Q Q t~ sea © c~ U d ~m© 4 n9 Q ry b fl~ 6~ p p Q Q Q -L ~J p ~ i i .R {e ~ LN a p © GI 4 i7 • !7 a, A © awn,"w ~ enrr~rwooo CQ L 1- o ® a 4© p a avd p © qp' G~ b gym' - ' a ©d,~ p o 0 © ©f, _ 9 p - +y' q I';4 P lQ - p p t] o ~ Q p i~ r r c 1000 0 1000 2000 Feet The Woodlands North and South Hills Subject Areas N I City of Evan THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E 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. Agenda Information Memo June 17, 2008 Eagan City Council Meeting . APPROVE RESOLUTION PROVIDING THE ISSUANCE AN L GENERAL OBLIGATION STATE-AID BONDS, SERIES 2008A ACTION TO E CONSIDERED: To approve a resolution providing for the issuance and sale of General Obligation State-Aid Bonds, Series 2008A. FACTS: • After review by the Finance Committee, a recommendation was made to and approved by the City Council at the April 15, 2008 regular meeting to use Municipal State Aid (MSA) Bonds as the primary financing mechanism for construction of the Northwood Parkway - 35E Overpass. • Staff has worked with the City's fiscal consultant, Springsted, and State MSA officials to optimize the use of these bonds while maintaining flexibility for the City to meet on-going street and highway infrastructure construction needs. • The bonds carry a 20-year term and debt service will be paid through the MSA allotments due the City from the State. • Staff will work with Springsted to coordinate a review of the City's bond ratings with the bond rating agencies. • The sale is scheduled to take place through competitive bids on July 15. Bids will be presented for acceptance at the July 15 regular City Council Meeting. ATTACHMENTS: • The resolution authorizing the issuance and sale of the bonds is enclosed on pages ~ through • Enclosed without page number is a copy of the sale recommendation memo provided by Springsted. ~J Extract of Minutes of Meeting of the City Council of the City of Eagan Dakota County, Minnesota i Pursuant to due call and notice thereof a meeting of the City Council of the City of Eagan, Minnesota, was duly held at the City Hall in the City on Tuesday, June 17, 2008 at o'clock P.M. The following members of the City Council were present: and the following were absent: The following resolution was presented by Member who moved its adoption. RESOLUTION NO. RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION STATE-AID STREET BONDS, SERIES 2008A BE IT RESOLVED By the City Council of the City of Eagan as follows: 1. It is determined necessary and expedient that the City issue and sell its General Obligation State-Aid Street Bonds, Series 2008A in the approximate amount of $4,165,000 to pay the costs of certain street improvements pursuant to Minnesota Statutes, Section 162.18. 2. Sealed proposals for the Bonds will be received until 11:00 o'clock A.M. on Tuesday, July 15, 2008 at the offices of Springsted Incorporated. The City Council will meet at the City Hall at 6:30 o'clock P.M. on the same day for the purpose of considering the proposals and awarding the sale of the Bonds. The terms of the Bonds and the sale thereof shall be substantially as set forth in the Terms of Proposal attached as Exhibit A, which are hereby approved. I IJ I i I 3. The City has retained Springsted, Incorporated, an independent financial advisor, in connection with the sale as authorized by Minnesota Statutes, Section 475.60, Subd. 2(9), as amended. I ~I I II I I I' The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon the following members voted in favor of the motion: and the following voted against: whereupon the resolution was declared duly passed and adopted. STATE OF MINNESOTA ) COUNTY OF DAKOTA ) CITY OF EAGAN ) I I, the undersigned, being the duly qualified and acting City Clerk of the City of Eagan, Minnesota hereby certify that I have carefully compared the attached and foregoing resolution duly adopted at a regular meeting of the City Council of the City of Eagan held on Tuesday, June 17, 2008, with the original on file in my office and the same is a full, true and correct copy thereof, insofar as it relates to as the same relates to $4,165,000 General Obligation State-Aid Street Bonds, Series 2008A of the City. WITNESS My hand as City Clerk this day of June, 2008. i City Clerk City of Eagan, Minnesota fb.us.2875798.01 s7 E044 ,4 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $4,165,000 CITY OF EAGAN, MINNESOTA GENERAL OBLIGATION STATE-AID STREET BONDS, SERIES 2008A (BOOK ENTRY ONLY) I Proposals for the Bonds will be received on Tuesday, July 15, 2008, until 11:00 A.M., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 6:30 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. (a) Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted Proposal OR (b) Electronic Bidding. Notice is hereby given that electronic proposals will be received via PARITY For purposes of the electronic bidding process, the time as maintained by PARITY shall constitute the official time with respect to all Bids submitted to PARITY'. Each bidder shall be solely responsible for making necessary arrangements to access PARITY' for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents nor PARITY shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY' shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY'. The City is using the services of PARITY sole,)y as a communication mechanism to conduct the electronic bidding for the Bonds, and PARIT'r is not an agent of the City. If any provisions of this Terms of Proposal conflict with information provided by PARITY', this Terms of Proposal shall control. - Further information about PARITY', including any fee charged, may be obtained from: PARITY, 1359 Broadway, 2nd Floor, New York, New York 10018 Customer Support: (212) 849-5000 . Preliminary, subject to change. -i- DETAILS OF THE BONDS The Bonds will be dated August 1, 2008, as the date of original issue, and will bear interest payable on April 1 and October 1 of each year, commencing April 1, 2009. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature April 1 in the years and amounts* as follows: 2010 $210,000 2015 $210,000 2020 $210,000 2025 $205,000 2011 $210,000 2016 $210,000 2021 $210,000 2026 $205,000 2012 $210,000 2017 $210,000 2022 $210,000 2027 $205,000 2013 $210,000 2018 $210,000 2023 $205,000 2028 $205,000 2014 $210,000 2019 $210,000 2024 $205,000 2029 $205,000 * The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction will be made in multiples of $5,000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successful bidder will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption and must conform to the maturity schedule set forth above. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC" New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar, which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on April 1, 2018, and on any day thereafter, to prepay Bonds due on or after April 1, 2019. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. -ii- SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge annual state-aid allotments from the Minnesota Department of Transportation. The proceeds will be used to finance various state-aid street improvement projects within the City. TYPE OF PROPOSALS Proposals shall be for not less than $4,112,938 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $41,650, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement, will be deposited by the City and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 118 of 1%. Rates are not required to be in level or ascending order; however, the rate for any maturity cannot be more than 1% lower than the highest rate of any of the preceding maturities. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the ends, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. I-_iii - Le CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Faegre & Benson LLP, of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2-12(b)(5), the City, as obligated person, will undertake, pursuant to a Continuing Disclosure Certificate, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Bonds will be conditioned upon its receiving the Continuing Disclosure Certificate at or prior to delivery of the Bonds. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a Final Official Statement of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 165 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated June 17, 2008 BY ORDER OF THE CITY COUNCIL !s/ Maria Petersen Clerk - iv - ~Q ~ - Agenda Information Memo June 17, 2008 Eagan City Council Meeting V. 2007 COMPREHENSIVE ANNUAL FINANCIAL REPORT ACTION TO BE CONSIDERED: To receive and accept the 2007 Comprehensive Annual Financial Report (CAFR). FACTS: ® The CAFR for the year ended December 31, 2007 has been completed and the audit by Kern, DeWenter, Viere, Ltd. (KDV) has been performed. KDV has expressed an "unqualified opinion" - the best opinion that can be r given - on the financial statements. ® A brief Power Point presentation reviewing the charts and tables included in the document titled "Management Letter" will be made by Matt Mayer of KDV. ® Mr. Mayer and Director of Administrative Services VanOverbeke will be available to answer questions. ATTACHMENTS: • The following documents are enclosed without page number: 1. 2007 Comprehensive Annual Financial Report 2. Management Letter 3. Schedule of Expenditures of Federal Awards and Reports on Government Auditing Standards, OMB Circular A-133 and Minnesota Legal Compliance Ir Agenda Information Memo June 17, 2008 Eagan City Council Meeting i i PUBLIC HEARINGS: A. FEE SCHEDULE CHANGES PARTL ROOMRENTAL RATES ACTION TO BE CONSIDERED: Approve the 2009 fees and charges and establish priority for groups reserving the Eagan Room and Fire Department Training Room. FACTS: ■ The Eagan Room and Fire Department Training Room have been made available for city meetings and functions as well as outside rentals in the past. ■ Priority use of these spaces and user groups were defined to better implement the rental rates. ■ It is practice to conduct a public hearing for changes to the adopted fee schedule. ATTACHMENTS: Guidelines and proposed 2009 fees and charges for the Eagan Room and Fire Department Training Room for non-city use on pages 'W through . i PART IL SOLICITOR LICENSE FEE ACTION TO BE CONSIDERED: Approve the addition of a $100 charge for Solicitor, Peddler and Transient Merchant Licenses. FACTS: ■ The City Council, at their June 3 meeting, approved an amendment to Chapter 6.36 of the City Code regarding solicitors, peddlers and transient merchants. ■ The fee of $100 was proposed to cover the cost of background investigation fees. ■ It is practice to conduct a public hearing for changes to the adopted fee schedule. ATTACHMENTS: None. I City of Eagan MEETING ROOM GUIDELINES NON-CITY USE City of EEagan Room & Fire Department Training Room The City of Eagan meeting rooms are scheduled by the Parks & Recreation Department and are available for use on a rental basis by youth, local civic and resident, non-resident and profit making groups. The policies that follow are needed to insure the proper use and control of the facility so that all people may equally enjoy them. RESERVATION PROCEDURE Requests for use of the rooms should be directed to the Parks & Recreation Department at (651) 675- 5500. Reservations will be held verbally for 48 hours without a deposit. Reservations can be made no more than 60 days in advance. If this space is not available or of adequate size for a group, staff will recommend an alternate location (ECC, Moonshine, Civic Arena). MEETING ROOMS City functions have first priority for booking the meeting rooms. The City reserves the right to preempt a scheduled use when necessary to conduct essential City business. Eagan Room • Accommodates 70-75 auditorium style. • The room can comfortably accommodate only 40 people for day long meetings that include lunch or other food service. • Parking accommodates approximately, 25-30 vehicles during the day and 50-55 vehicles at night with 2 handicapped stalls. (Upper level lot) i Fire Department Training Rooms • Accommodates 125 auditorium style. • Parking accommodates approximately 40 vehicles with 3 handicapped stalls. I USER GROUPS AND RATES The following groups of users have been established and the rental fees for use of the facilities are based upon these groups. 1. City Departments: Council/Commission meetings, City departments, Park & Recreation programs 2. Youth Groups (examples): Local Boy and Girl Scouts, Youth Athletic Associations, Local 4H Groups 3. Local Civic Groups (non-profit, examples): Rotary Club, Local Lions Club, Red Cross, Eagan Foundation 4. Local Resident Groups (examples): Parties, graduations, Homeowner Associations, Receptions, Eagan Garden Club 5. Non-Resident Groups: Meetings, Parties, Receptions 6. Profit Making Groups: Corporation meetings, Eagan business meetings i 4e q - Meeting Room Guidelines Page 2 2009 FEES AND CHARGES Fire Department Category Eagan Room Training Room Kitchen Hourly Hourly Flat Rate 1. City Departments No charge 2. Youth Groups $25 $25 $10 3. Local Civic Groups $40 $40 $20 4. Local Resident Groups $40 $40 $20 5. Non=Resident Groups $50 $50 $25 6. Profit Making Groups $75 $75 $35 Notes on fees: 1. There is a two hour minimum for after hours rentals. 2. A reservation date can be tentatively held verbally for 48 hours. 3. A $150.00 damage deposit, separate from the rental fee. This fee will be returned after the event if no deductions are necessary. 4. The fee may be waived if a City staff member is assigned to a group as a part of their work duties and assumes responsibility for the room reservation. Reservations must still be made through the Parks & Recreation office. REFUNDS A 30 day cancellation notice is required for a full refund. If we are notified of your cancellation 30 days prior, a full refund will be given. No refunds will be issued for cancellations made less than 30 days prior to an event. PERMITS A permit authorizing the use of the rooms requested will be issued to the applicant after the application is approved. The Parks & Recreation Department reserves the right to cancel the permit if the regulations of use are violated. Permit holders will not assign, transfer, or sublet to others the use of the facilities. The individual signing the permit must be 21 years of age or older. SUPERVISION AND DAMAGE 1. Every group usingthe facility must be under competent adult (21+) leadership. The organizing user or groups will assume full responsibility for the group's conduct and any damage to the building or equipment. 2. The City reserves the right to assign or require supervisory staff, police or maintenance personnel at an additional cost to the user if deemed necessary by the particular function or activity (i.e. banquet). An estimated cost will be calculated at the time of the reservation. The group will be billed for the actual cost after the event. LIABILITY The organization or user group using City of Eagan facilities will agree to indemnify the City of Eagan, and its employees for any and all damage to the building, or other property, by any person or persons attending the affair, and likewise, the City of Eagan, and its employees against all liability and all 49s- - Meeting Room Guidelines Page 3 damages to any person for injuries, including death. RULES FOR USE 1. The entire building is a smoke free facility and users are responsible for ensuring that members of their group do not smoke within the building. 2. Persons attending meetings or events should stay in the rooms assigned to their use. 3. The City of Eagan requires, as a condition of this agreement that alcoholic beverages are prohibited. 4. General clean up of the facility is the responsibility of the group. If any item such as rice or confetti is thrown in the building or on the grounds, your group is responsible for cleaning up this material. Additionally, if the building is not cleaned up, the cost the City incurs for clean up will be assessed to your group. 5. Technology is not available for non-city users. 6. Events which will be using an open flame such as candles are prohibited. 7. The kitchens are not designed for preparing food, but rather for serving food that has already been prepared elsewhere. User groups are responsible for providing their own utensils, serving ware, coffee and condiments. The Eagan Room kitchen is not available from 10:30 am - 1:30 pm and lunch room is not available during the day. 8. Signs may not be posted outside of City Hall regarding your event. I HOURS OF USE The hours of use for the meeting rooms are as follows: Monday - Friday from 8 am - 4:30 pm Monday - Thursday from 4:30 - 10 pm The rooms are not available when City Hall is closed in observance of the following holidays: New Year's Day, Martin Luther King, Jr., President's Day, Memorial Day, 4th of July, Labor Day, Veteran's Day, Thanksgiving Day, Christmas Eve and Christmas Day. ROOM SET UP AND DECORATIONS 1. Decorations should not inconvenience any other groups or cause damage to the facility. If it will be necessary for your group to mount items on the walls, please use tape. The use of pins, tacks or nails on the walls is strictly prohibited. The above guidelines have been established for your benefit and to promote responsible use. The City Administrator and/or the Director of Parks & Recreation must approve exceptions to these policies. Update 05/08 it ~-r/ Le Agenda Information Memo June 17, 2008, Eagan City Council Meeting B. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING AND VARIANCE - ST. ELIZABETH ORTHODOX MISSION ACTIONS TO BE CONSIDERED: To implement a Comprehensive Guide Plan Amendment changing the land use designation from RC, Retail Commercial, to QP, Quasi-Public for 0.60 acres located at Lot 1, Block 1, Century 2nd Addition in the SW %4 of Section 09. To adopt a Rezoning of 0.6 acres from NB, Neighborhood Business, to PF, Public Facility, to permit construction of a church on property legally described as Lot 1, Block 1, Century 2nd Addition in the SW '/4 of Section 09. To approve (or direct preparation of findings for denial) Variances for building setbacks, parking setbacks and the number of parking stalls for property located on property legally described as Lot 1, Block 1, Century 2"d Addition in the SW 1/4 of Section 09. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The property was platted in 2002 and was zoned and guided for commercial uses. ➢ In 2006, in response to an application submitted by St. Elizabeth Orthodox Mission, the City approved an amendment to the Comprehensive Guide Plan to change the land use designation to QP, Quasi-Public, and a Rezoning to PIT, Public Facilities. ➢ It appears that the Comp Plan Amendment was not sent to the Met Council upon City approval in 2006. That has recently been done and the Met Council has given their approval to the land use change. ➢ The Comp Plan Amendment and Rezoning are now being brought forward to the City Council for implementation coincident with this Variance application. ➢ The development plans for the church show Variances to building setbacks, parking setbacks, and the number of parking stalls. o Building setbacks are proposed to be between 22' and 25', whereas 50' is required. o Parking setbacks are proposed to be 10' adjacent to residential property, whereas 20' is required. 0 18 parking stalls are proposed on-site, whereas 33 are required. ➢ St. Elizabeth has an agreement with Klecatsky and Sons' Funeral Home to the south for use of their parking if necessary, and on-street parking is available on Century Point. ➢ The site is constrained by increased setback requirements on two sides due to the abutting residential uses, and the lot dimensions with only 100' of lot depth from the public street. (d7 ISSUES: None I 60-DAY AGENCY ACTION DEADLINE: July 22, 2008 ATTACHMENTS 4 Location Map, pages P~ Letter from Met Council approving land use change, pager CC Minutes September 5, 2006, page Variance Planning Report, pages through I I Eagan Boundary Right-of-way Location Map Parcel Area Park Area Building Footprint Q o +1111199E ~',1 4l C7 P I M 7v- ® VFI&~ FOU0.0AK9 RD _ y J I L-1 aD D p © Q a Subject Site M T= z o o N Z Q q D©° ~dS6 u~7 k i qo t} u r - o LUUNTY RD 0. 2e (VANKE ODLE ROAD) !I ET -5 a D o D e P R ~ NF 34 pig o ~ D 0 LIE _J E:T e ca d 4Q Q :I .4UDURY ROAD b ' b d p Q n ~ Q a d a Qo a q 9 00 ~d. q i~ D .-T R'DDE URS © i ~,q 9 (5 d - Sera G Ed Q V ~ © ~ PzReunr Dr D p' 7/ ~ ) U'' Cae ~ C7 ~~d o 0 ~1 ~7 ~ F~ Q ~ 9~ DD 1000 0 1000 2000 Feet Development/Developer: St. Elizabeth Orthodox Mission Application: Variance Case No.: 09-VA-07-05-08 THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of Ea~~Il 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. Metropolitan Council AA AA May 19, 2008 Ms. Sarah Thomas City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: City of Eagan, Comprehensive Plan Amendment - Administrative Review Metropolitan Council Review File No. 18274-20 Metropolitan Council District 15, Dan Wolter Dear Ms. Thomas: The Metropolitan Council received the City's comprehensive plan amendment on April 29, 2008. The amendment reguides 0.6 acres located at the NW corner of Yankee Doodle Road and Coachman Road from Retail Commercial to Quasi-Public. The purpose of the amendment is to allow the development of St. Elizabeth Orthodox Church. Council staff finds the amendment meets the Comprehensive Plan Amendment Administrative Review Guidelines adopted by the Council on May 11, 2005. The proposed amendment does not affect official forecasts. Therefore, the Council will waive further review and action. However, staff offers the following advisory comments: Eagan has been identified as a community with excessive peak hourly flow during wet weather occurrences. As such the community has an identified I/I reduction goal that applies to a specific part(s) of the community or to the community as a whole. The community will need to include a description of it's 1/I program in its 2008 Comprehensive plan update. The amendment, explanatory materials and the information submission form will be appended to the City's plan in the Council's files. If you have any questions about this review, contact Patrick Boylan, Principal Reviewer, at 651-602-1438. Si, ely, %uJ Z Phyllis anson, Manager Localylanning Assistance cc: Crystal Carlson, MHFA Tod Sherman, Development Reviews Coordinator, MnDOT Metro Division Dan Wolter, Metropolitan Council District 15 Patrick Boylan, Principal Reviewer Cheryl Olsen, Reviews Coordinator N:\CommDev\LPA\Communities\Eagan\Letters\2O08 St. Elizabeth Ij~l c Y?Q~A AeTIQ4 roc www.metrocouncii.org 3 k_ ~yy 390 Robert Street North • St. Paul, MN 55101-1805 • (651) 602-1000 • Fax (651) 602-1550 •dUY77c(§5-) 291='0904"'" An Equal Opportunity Employer Eagan City Council Meeting Minutes September 5, 2006 Page 6 COMPREHENSIVE GUIDE PLAN AMENDMENT - ST. ELIZABETH ORTHODOX CHURCH 1* 1 City Administrator Hedges introduced this item regarding a Comprehensive Land Use Plan Amendment to change the land use from RC, Retail Commercial to QP, Quasi-Public for a church on property located at 1581 Century Point. City Planner Ridley gave a staff report. Councilmembers discussed the Guide Plan Amendment, the rezoning and the ability to potentially utilize adjacent parking. i Councilmember Fields moved, Councilmember Maguire seconded a motion to direct staff to submit a Comprehensive Land Use Amendment to change the land use form RC, Retail Commercial to QP, Quasi-Public for a church on property located at 1581 Century Point in the SW 1/4 of Section 9 to the Metropolitan Council for review. Aye: 5 Nay: 0 WINTER PARKING ORDINANCE REVISION DENMARK COURT EAST AND WEST AND DENMARK TRAIL EAST ST rdinance 9.09, City Administra r Hedges introduced this item regarding a petition requesting a revision to 970 Winter Season Par ' g. Public Works Director Colbert gave a staff report. Councilmember Tilley m ed, Councilmember Fields seconded a motion to receive a petition requesting a revision to City Ordinance 9.09 (Win Season Parking) and direct staff to prepare an am ddment for further consideration. Aye: 5 Nay: 0 ORDI NCE AMENDMENT - CITY F EAGAN City Administrator Hedges introduced this r m regarding a propose ordinance amendment to Chapter 11 to establish screening requirements for roof and -ound mounted me anical equipment. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tille eco d d a motion to direct staff to prepare an Ordinance Amendment to Chapter 11 to establish screening require Vents for roof and ground mounted mechanical equipment. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERN NTAL AFFAIRS UPDATE ~ I There were no items to be discussed. The City Council meeting was recessed a 7:45 p.m. and a meeting of t Economic Development Authority was immediately convened. The regular City Council meeting as reconvened at 7:50 p.m. ADMINISTRATIVE AGENDA City Administrator Hedges iscussed the proposed noise analysis to be conducted b FOrfield Laboratories and associated costs. \ Motion was made b illey, seconded by Fields to approve an additional expenditure for the noise analysis to be conduced by Orfie Laboratories. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were o visitors who wished to be heard. PLANNING REPORT CITY OF EAGAN REPORT DATE: June 9, 2008 CASE: 09-VA-07-05-08 APPLICANT: St. Elizabeth Orthodox Mission HEARING DATE: June 17, 2008 PROPERTY OWNER: St. Elizabeth APPLICATION DATE: May 28, 2008 Orthodox Mission REQUEST: Variance PREPARED BY: Pamela Dudziak LOCATION: 1581 Century Point COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of Variances to the minimum required building and parking setbacks, and to the required number of parking stalls for property located at 1581 Century Point, legally described as Lot 1, Block 1, Century Second Addition in the SW 1/4 of Section 9. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. i o~ Planning Report - St. Elizabeth Orthodox Mission June 17, 2008 Page 2 d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. BACKGROUND/HISTORY The property was platted in 2002. At that time it was zoned and guided for commercial uses. In 2006, the City approved an amendment to the Comprehensive Guide Plan to change the land use designation to QP, Quasi-Public, and a Rezoning to PF, Public Facilities. In reviewing our records, it appears that the Comp Plan Amendment was not sent to the Met Council upon City approval in 2006. That has recently been done and the Met Council has given their approval to the land use change. The Comp Plan Amendment and Rezoning are now being brought forward to the City Council for implementation coincident with this Variance application. EXISTING CONDITIONS The site is currently vacant with some vegetation. The lot is 0.6 acres in area, 260' long and 100' deep. i SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Apartments R-4, Residential Multiple HD, High Density Residential South Klecatsky and Sons NB, Neighborhood Business RC, Retail Commercial Funeral Home East Scuba Center NB, Neighborhood Business RC, Retail Commercial West Apartments R-4, Residential Multiple HD, High Density Residential ~I CODE REQUIREMENTS The PF zoning district requires a structure setback of two feet for each foot of building height, with a minimum required setback of 30 feet and a maximum of 50 feet. -73 Planning Report - St. Elizabeth Orthodox Mission June 17, 2008 Page 3 i The parking requirement for churches is based on the seating capacity of the main assembly hall. The minimum required ratio is one stall for every three seats. Century Point is a public street and the minimum required parking setback from a public street is 20 feet. Parking is also required to be set back a minimum of 20 feet from residential property, in this case the abutting properties to the west and north. The required parking setback from side and rear lot lines that do not abut residential property is 5 feet. EVALUATION OF REQUEST I Description of Proposal - The submitted Site Plan shows the church located on the east end of the site, with the parking lot on the west end. The church footprint is in the shape of a cross, with Byzantine style domes over the nave and sanctuary, and a small Russian style cupola over the main entrance. The building is 43' in height to the top of the central dome. The bulk of the building has gable roofs, and the height to the midpoint of the gable roof is approximately 21 feet. I Building Setbacks - The building is proposed to be located 24'8" from both the north and south lot lines, and 22'2" from the east lot line. With a 43' height, the maximum setback of 50' applies to all lot lines. Thus, the proposed building requires a Variance for the reduced building setbacks. Parking Setbacks - The proposed parking lot satisfies the minimum 20' setback from Century Point, but shows a 10' setback from the north and west lot lines, which abut residential property. A Variance is necessary for the proposed 10' parking setbacks from residential property. Parking - The church is designed to seat 100. At one stall for each 3 seats, 33 parking stalls are required. The site plan shows 18 parking stalls, one of which is accessible. According to the applicant's narrative, St. Elizabeth Mission currently gathers at the Klecatsky building for their church activities and states there have been no conflicts or issues with parking. The church activities occur outside of the funeral home's normal business hours, and the narrative alludes to a parking arrangement with Klecatsky and Sons' Funeral Home, stating that "Klecatsky and Sons' have expressed their willingness to file existing parking agreements with the City of Eagan, if needed." The applicant should provide evidence of the parking agreement with Klecatsky and Sons. Century Point is a 32' wide roadway, and on-street parking is permitted. Trash Enclosure - A detached trash enclosure is located off the northwest corner of the parking lot. It is identified as an "8' x 8' concrete slab with wood fence and gate trash enclosure." City Code requires trash enclosures to be constructed of materials to match the exterior of the principal building. The church building is proposed to be primarily stucco. The trash enclosure Planning Report - St. Elizabeth Orthodox Mission June 17, 2008 Page 4 should be of similar stucco construction, or utilize a masonry material that is compatible in appearance with the principal building. i Tree Preservation - There are a few scattered trees on the property. A tree inventory will be required at the time of building permit and development is subject to compliance with the City's Tree Preservation ordinance. A Landscape Plan will be required at the time of building permit. Utilities - Sanitary sewer and water area available to serve the development. The site will drain to existing storm sewer within Century Point. Street Access/Desi - With Century Point terminating in a "dead-end" at the west end of the property, the westerly driveway is aligned with the Klecatsky's driveway to the south and should be constructed to City Engineering specifications to serve also as a vehicle turn-around. APPLICANT'S ESTIMATE OF HARDSHIP The applicant's stated hardship is that having experienced City support for both the land use amendment and rezoning in 2006, they believed the lot would accommodate the project and proceeded with the purchase of the property. Unfortunately, they acquired the lot before fully understanding their building requirements or the zoning issues. The site is constrained by increased setback requirements on two sides due to the abutting residential uses. The lot dimensions, with only 100' of lot depth from the public street further constrain the site. To maximize the buildable area with the minimum setbacks of 30' would permit a building only 15' in height. A taller building requiring setbacks of 50' leaves no buildable area on the 100' deep lot. I The applicant's narrative also states that the size of the property and its location provide "little potential for alternative or business applications." The surrounding commercial lots were developed in the late 1980s, and this parcel has remained vacant. SUMMARY/CONCLUSION St. Elizabeth Orthodox Mission is requesting approval for Variances to minimum required building and parking setbacks and to the number of required parking stalls, to construct a church on property at 1581 Century Point. Until 2006, this site was zoned commercial, and while the neighboring commercial properties developed in the late 1980s, this site remained vacant. The City approved a land use amendment and rezoning of the property in 2006 to permit the church use on this site. St. Elizabeth Mission proceeded with acquisition of the property and upon completing the architectural design process, discovered that they could not fully meet all of the zoning requirements for the property. ~s Planning Report - St. Elizabeth Orthodox Mission June 17, 2008 Page 5 St. Elizabeth Mission states they have an agreement with Klecatsky's for use of their parking across the street, if needed, since church functions occur outside of the funeral home's regular business hours. ACTION TO BE CONSIDERED To approve Variances to the minimum required building and parking setbacks, and to the required number of parking stalls for property located at 1581 Century Point, legally described as Lot 1, Block 1, Century Second Addition in the SW 1/a of Section 9. 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 applicant shall provide evidence of a written agreement to share parking between the church and Klecatsky and Sons' Funeral Home. i 3. The trash enclosure shall be of stucco construction, or another masonry material that is compatible with the principal building. II'~ I ~I Eagan Boundary Right-of-way L ®ca' o■N■ ■ Map 0 Parcel Area Park Area _ Building Footprint N, Do 0 wQ a o q ,,.,oapa[bgo gE7Q D LJ p am _t r T PIE) Lr 11 V" LL 0 0 © o , i n © © Subject Site a o z w p o o o ~ a q. 0 11 r Q 86 - o°© © p 41 E ® ~ffff' ® ~0©❑ COUNTYRO O. 2a(YANKE ODLE ROAD) 17- -71 ® s- A y dt~P ~ 8* J ~ G S °'+tie ° l p 3o l--J s n 0 0 © d p Q nen.u.v.om b d P q 4.a c ~~q ma m uwe 9 Q 4. 44 ~ 9gp~ a g one®r a°o. uxc S / {qs oo b QF 4 4" a e „f$ s uerrreecY uRe 8 ~ ~ t ~ ® 0 d g C) Q ca o d GS CS : n a ~ `.i d ~n P~ ~a.0dr-~~ - J~ r\ 1000 0 1000 2000 Feet Eni Development/Developer. St. Elizabeth Orthodox Mission Application: Variance Case No.: 09-VA-07-05-08 City of Eajan THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E 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. Current Zoning and Comprehensive Guide Plan Land Use Map St. Elizabeth Orthodox Mission Variance 09-VA-07-05-08 r Zoning Map ® ~R3 _ U-7, P N r R3/ R. RD d A ® R Current Zoning: R ® D® a Lt' Location PF A ~i J PD " f ® 9 r µg~ Public Facilities 0 4 RD COUNTY ROAD N 8 (YANK OODLE RuFOi R-4 0® R-4 PF,c i ° PD R-3 PF 3 fl d., ~d ~J LI--~ ~ U~ ~ 0 ~P 0 600 0 600 1200 Feet Comprehensive Guide Plan L Q Land Use Map e - 6 tLD ° g - - HD w 6 0 MD P 9 ~ 0 1 ~ ~ ~o ® v=~ ® a M Location 0 r Q ® o ® ar 1 SA Current Land Use Designation: COUNTY ROAD 2a (YAN OOOOLE ROAD) ell ell NO a ° 6 "77D)- 0 Neighborhood Business 4P SA ~ Q+ Dw o OP s" a a e L] O©D w d b a 0 ~"L d P 600 0 600 1200 Feet D($ a Q1. ti Q aP~^~ ( F+q a Parcel base map information provided by Dakota County Land Survey Department Decmber 2005. 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I ~ 0 1 ~ ' N I ~ ~ ~ I 1 o I- a a I ~ I I , z J I_e Z o ' U Y i O I 81'i R~ I Q `v ao•a C e°m s .t 1 a ° L » - I Z m o u Q » a Cl Q ' cy ~ 6 I o I ° ~ I Z ~I ry " R , } 1 9L 1 a O O r m 66 I~ ~ I ~ J p m'iN Z• 'wi III I O U W 1 it • i . $ W 8 U 1 n i ~ N 5 !s n ib CD all I ~ ~ Q 4 I CL I i Z~~~7~J1 ■ l N007B ac 107 i j =N 0 /-1/ O O V Z1 V& b' l/ 1 Y3908 sLL~ 9 o~ 00'001 M.00,60. 0 S \ i o Q = f ~ aN91S W II UU) I I m Jo x I U F_ Z ~ 3~N0'NI❑_~IfO J.110 30NVWOad -1110 wmin913S I d W 10.0 aZ LL - I I ~ \ aain I Nviad 3~) I O 8 aS ic 9 Mlv I B4Z - O N I z I I i i N Z I I ~ vv I I I o~ o I I lQ ~ m I lL J I I b z N BSI i O I S X O If) z w I O I I I I a~ I I m F Q Z x W Q i I I m i✓ 00 ti I CD E- Z o I z r= 2 W- < Q > I p a cn 0. 0.M I m N w z 9 O N ~ m 3lSIV 3nRJ v I ~ ~ ~ INS IvDtt ,m-,>s N I Z a ~ w ~I N 0 e )A ~ Q a I ~ o N Mann I m0va. -.01 a v S~1a S 5 1N02J LU- s - .m ,05 0 ,4r~ v v a-A 15 'Oz I iNauasv I nun 9VNI ~ri .0•.01 z - - - - - - - - - - - - - - - - - - - i 10,001 AAO,K.00 IN LL 4 3 5 J i r 6 fi,K OA R,A RA :r.s o-,c ,rs O J F- jay C-D 1 ~ g6 } L=-1 J O W , 0 ;fir T f I ~ a :nf I { i vv s I A t-- li { E j I. C O 9 - I ~ W L<u z .r-ter H µy z w v w J- wy APa = ~ K, ➢ g c 5 J r ' ~a I as a,a as ~ Z r € w Z~ Lti :3 CD ctf _ : ' O 8 III O O ' I ~ i 7cll a~ ~z I Z ® i L w w I Z J V C w itu as _ X13 s i J r ~ _ i w° I~ ~a N 1------- D a l-~- y o o 1 ~ I. ~Z 14 i - cm ..I i J r O t.~ O ~'SSF Q ~ dad g N 0 RTyp10 Rev. Fr. Marc Boulos, Rector n o Phone: (651) 784-7830 Fax: (651) 204-2108 Web: www.seomorg T •,Tw ~~c~~• MINNESo~'a St. Elizabeth Orthodox Mission St. Elizabeth Mission is a parish of the Midwest Diocese of the Orthodox Church in America, under the stewardship of its current priest and the community's founder, the Reverend Father Marc Boulos. The mission was incorporated in 2003 as a non-profit religious organization in the State of Minnesota. One of the three branches of world Christianity, the Orthodox Church is a fellowship of administratively independent local churches, united in faith, sacraments, and canonical discipline. Based in Chicago, the Diocese of the Midwest is under the protection of His Eminence, the Most Reverend +JOB, Archbishop of Chicago and the Midwest, and includes approximately 80 parishes, monasteries, missions and other institutions. The Diocese of the Midwest is in full communion with approximately 6 million Orthodox Christians in the United States, and some 300 million worldwide. Proposal St. Elizabeth Mission currently owns .6 acres of vacant land located at 1581 Century Point Avenue in Eagan, MN, where it plans to construct a church building. In 2006, at the request of St. Elizabeth Mission, the City of Eagan re-designated 1581 Century Point Avenue for public use to allow the construction of a church. The new church building is designed to hold 100 persons. 1581 Century Point Avenue is surrounded by residential apartments to the north and to the west, a parking lot and Scuba Shop to the east, and Klecatsky and Sons' Funeral Home to the south. St. Elizabeth Mission enjoys shared parking with its neighbors to the east and to the south. At present, St. Elizabeth Mission gathers for church activities at Klecatsky and Sons' Funeral Home, across the street from 1581 Century Point Ave. Since all services, educational classes, and programs at the mission are offered outside of normal business hours, there have been no issues, whatsoever, with parking. Moreover, to facilitate this variance request, Klecatsky and Sons' have expressed their willingness to file existing parking agreements with the City of Eagan, if needed. i Concept The building itself is a single level structure, modeled after a traditional Greek Orthodox chapel, and is purposefully shaped in the form of a cross. The architectural drawings call for three domes, including a Russian style cupola over the main entrance, and two larger Byzantine style domes over the nave and sanctuary, respectively. The church building is planned to be approximately 4245 square feet with astorage /utility basement of approximately 1599 square feet. The entrance to the church is located on the west side of the property. Conversely, and in accordance with the canons of the Orthodox Church, the sanctuary and altar table are oriented eastward. 657 L.-'w. 4i Since the building is a single level structure, all public areas of the church are fully accessible to the handicapped. In addition to the main chapel, the design includes two restrooms, a coat room, and social gathering space with a kitchen and a small bookstore. All utilities will be housed in a sub-basement which will not be accessible to the general public. Impact 1581 Century Point Avenue is currently vacant, with the exception of a small flower garden and a ceremonial cross planted by the Archbishop, during the liturgical consecration of the site. This flower garden will be expanded during landscaping, following construction. The elevation of a domed, Byzantine style church on this site will beautify and bring life to the surrounding neighborhood while increasing property values. . City services such as sewer, water and electricity have already been connected to the site and will be used for the subject property. The site is flat and will remain so throughout the entire project. Construction will have no impact to current storm water run-off or to Century Point Avenue proper. Century Point Avenue is the only street coming into contact with the property and "dead ends" parallel to the lot's west side. Hardship This entire project has been a difficult learning process for St. Elizabeth Orthodox Mission. We began with little experience defining building requirements or anticipating zoning issues. This resulted in painful lessons along the way. For example, based on initial meetings with city officials, we came to believe that our lot would accommodate this project, and that a church building would be a welcome addition to the Eagan community. (According to the Summary / Conclusion on the Planning report dated 8-11-2006, case # 09-CG-05-07-06, 09-RZ-07-07-06). Based on this feedback and the city's approval of our rezoning request, we moved ahead with our decision to purchase the lot. We continue to believe in the city's support of this project. Given the size of our property and its location, it has little potential for alternative residential or business applications. At the same time, it is our conviction that the proposed Byzantine style chapel will beautify the surrounding neighborhood and enhance property values. With all this in mind, we are requesting city approval for the two aforementioned variances: 1) for Parking, and 2) for Setbacks. I Schedule St. Elizabeth Mission has concluded the requirements gathering and design phases of this project. After various delays, a lengthy but helpful learning process, and several design iterations, we are prepared to submit formal architectural drawings to the City of Eagan. We believe that our final design will serve the needs of our community while contributing to the beauty, life, and overall value of the surrounding neighborhood. Milestone Date 1. Requirements Gathering Complete 2. Rezoning Submittal Approved Complete 3. Ground Breaking Ceremony Complete 4. Architectural Drawings Complete 5. Parking and Setback Variance Approved June / July 2008 6. Bid for Construction Services June /July 2008 7. Construction Begins August 2008 St. Elizabeth Mission is committed to serving the local community through its liturgical ministries, educational programs, and charitable activities. To this end, the mission currently sponsors the Minnesota Bible Lecture Series, a semiannual educational program in the Twin Cities area. The mission also seeks working relationships with other religious and non-profit organizations in Eagan to help foster a sense of cooperation and good will among local residents. Standing in direct continuity with the earliest Christian communities founded by the apostles of Jesus, the faith of the Orthodox Church is expressed in her ancient worship, which immerses participants in the reality of the biblical story. To learn more about St. Elizabeth Mission or any of its programs, please visit our parish on the web at seocc.org. I i I I I Agenda Information Memo June 17, 2008, Eagan City Council Meeting VII. OLD BUSINESS A COMPREHENSIVE GUIDE PLAN AMENDMENT AND PLANNED DEVELOPMENT AMENDMENT - SELECT SENIOR LIVING OF EAGAN LLC ACTION TO BE CONSIDERED: To Continue consideration of this item to the July 15, 2008 City Council meeting. REQUIRED VOTE FOR APPROVAL: Majority of councilmembers present FACTS: ➢ The applicant is still attempting to work with BOBS. I 120-DAY AGENCY ACTION DEADLINES: Applicant has waived 120 Day Deadline ATTACHMENTS (2): Location Map on page Applicant letter on page I III I i II g Eagan Boundary Right-of-way Lo cation Map Park AreArea a O Parcct Area Building Footprint 011, ~~33 O 0~ e a 9. ~ S-~ ~ d C=Z AAMAUM flan ffa„ O u a o 8880® J' f ]p I - S . t 4 nt7tii7ti w ~!7 Q .701 coU AoAO ROVA 00M ROAD) E Q s p'pp.~~,,6Q~ ~t~~q a Subject Site qO9 ~ ,uwu.r.o.a D r 7 6 L~ C7 ~O O q a 4flp ~,ir - ad a q - Q Ca 4 a q dca o woad lw 4 q 4 v o 4 o G iS Q 4 0 can -aa. . q 9 Q ~ t? ~ i p~ M 4 o am d q 4~a tt O o r ~ ~0 6 o Q ~ ~ r° ° II d p ePoda D 6 O off' ; ag r6 0{0 i 1000 0 1000 2000 Feet I I Development/Developer: Select Senior Living of Eagan Application: Comprehensive Plan Amendment Case No.: 16-CG-01.02-08 iJ THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of Eap `v r The City of Eagan and Dakota County do not guarantee the accuracy of this information and are 5 communiy navelapmant oapartmant not responsible for errors or omissions. i III I Select Senior Living 12415 - 55`x' Street N. Lake Elmo MN 55415 I June11 2008 Ms. Julie Strid, Planning Assistant CITY OF EAGAN 3830 Pilot Knob Road Eagan MN 55122-1897 i Re: Select senior building Dear Ms. Strid: Select Senior Living ("Applicant') hereby formally request a thirty day extension of time to meet with Blue Cross Blue Shield of Mn its senior building project that is a re-plat of Lots 1 and 2, Block 1, Terra Glenn 3`d Addition ("Property"). By asking for this extension of time we are waiving the agency action deadline which is July 3rd 2008. We appreciate your consideration of this request. Please call Dwight Harvey or me at (651) 439-2414 if you have any questions. Sincerely, Joel T. Larson, for Select Senior Living i AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER JUNE 17, 2008 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. Approve EDA Minutes D. OLD BUSINESS 1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT - Amendment of Development Agreement with MG Eagan LLC (McGough) for the Redevelopment of the Blue Gentian Corporate Center Project. E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURN I I I i I Agenda Information Memo Eagan Economic Development Authority Meeting June 17 2008 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENT AGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. • MINUTES -The minutes of the June 3, 2008 EDA meeting are enclosed on pages q ~I ~I III MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota June 3, 2008 A meeting of the Eagan Economic Development Authority was held on Tuesday, June 3, 2008 at the Eagan Municipal Center. Present were President Maguire, Commissioner Carlson, Commissioner Fields, Commission Bakken and Commissioner Tilley. Also present were Executive Director Hedges, Community Development Director Hohenstein and City Attorney Dougherty. ADOPT AGENDA Commissioner Fields moved, Commissioner Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA Commissioner Fields moved, Commissioner Tilley seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It was recommended to approve the minutes of the May 20, 2008 EDA meeting. OLD BUSINESS APPROVE RESOLUTION OF RECONVEYANCE OF TAX FORFEIT PARCEL (10-13700-030-01), LOT 3, BLOCK 1, BARTON MCGRAY ADDITION TO THE STATE OF MINNESOTA Community Development Director Hohenstein discussed the need for a reconveyance of Lot 3, Block 1, Barton McGray Addition to the State of Minnesota to allow the EDA to purchase the parcel. Commissioner Fields moved, Commission Tilley seconded a motion to approve the reconveyance of tax forfeit parcel 10-13700-030-01 (Lot 3, Block 1, Barton McGray Addition) to the State of Minnesota. Aye: 5 Nay: 0 NEW BUSINESS There were no New Business items. j OTHER BUSINESS There were no Other Business items. ~3 Commissioner Tilley moved, Commissioner Fields seconded a motion to adjourn the EDA meeting at 10:20 p.m. Date Thomas Hedges, Executive Director i i i Agenda Memo Eagan Economic Development Authority Meeting June 17, 2008 1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT - AMENDEDMENT OF DEVELOPMENT AGREEMENT BETWEEN CITY AND MG EAGAN FOR THE REDEVELOPMENT OF THE BLUE GENTIAN CORPORATE CENTER PROJECT ACTION TO BE CONSIDERED: i To approve (or deny) a resolution adopting the Amended and Restated Development Agreement between the City and MG Eagan for the redevelopment of the area described as the Blue Gentian Corporate Center and an Assignment of the Agreement to LaSalle Bank. FACTS: • At its meeting of March 6, 2006, the EDA and City Council approved a TIF Development Agreement between the City and MG Eagan for the redevelopment of property in the Northeast Eagan Redevelopment District No. 2-4. Since that time, the City and the developer have completed the assembly of the redevelopment property and the developer has received approval for the development of the Blue Gentian Corporate Center project. • In addition, the City has approved the decertification of a portion of District No. 2-4 and the recertification of a new TIF District No. 2-5. As a consequence of the passage of time between the approval of the prior Development Agreement, the clarifications of the project through the approval of the Blue Gentian project and the pending approval of District No. 2-5, an amendment of the prior agreement would be in order. While the intent of the amendment is to mirror the intent of the original agreement, modifications of the original agreement are necessary to conform to the updated information and to align the timelines in the agreement with those anticipated in the project development and the new TIF district. • Under the amended agreement, the developer would be obligated to complete the improvements proposed under the Blue Gentian Corporate Center approval. The City recognizes that extraordinary costs arise out of the development of the property and that but-for TIF assistance to fill the gap in the project financial, the project could not be completed. In consideration of those facts, the agreement calls for the City to issue two TIF Notes, one for each phase of construction, representing 75% of the TIF proceeds generated by the project, up to $3.8 million. • The EDA had previously approved an assignment of the prior agreement to LaSalle Bank as part of the financing structure for the project. The developer is requesting that the same assignment apply for this agreement. That request is in G order and the documentation related to it will be included with the Development Agreement's execution copies. ATTACHMENTS: • Location maps on pages through • Ehlers and Associates But-For Analysis on pages q, t • Resolutions on pagedDD through (C) I • Development Agreement available upon request i I i I i I I i i i j i a Eagan Boundary Bight-of-way Para Location Map ~Park Area k Area Building Footprint Subject Site 'I W t ELUE GEMiery 1--J~J w acp r-t.~~ 4 m v 0 31 ♦e V tA~Nk ~ 0 dvE'7 b©®C1 , 1@NNETH6T \,Q~ O 99®EaEr 9o©©47m JJ tGh v ii KcK~er> I O fA ~ 1¢.6E iT c ~ v O c© - - Ci~~ J \ .J 41 i f o C.S.A.H. NO.26 (LONE OAK RD.) I r ~ U J 1 Q \ i b cawnEw o~ ~ ` _ _ , 1 _ I'I I J I s tT l news ~ o RoAO moLLO RoAo 1000 0 1000 2000 Feet Blue Gentian Corporate Center N My of Eap THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are 5 Community Development Department not responsible for errors or omissions. LA 6~ & co O W ~ Co 0 cc E 73 _I d N CV G~ m d N Q W : s m a as a m 0° m ,TI i ~J o f o; ~ i -c J~ fr j F s a lI E n m. e w f I ~ VOA i _ l i fi g EHLERS & ASSOCIATES INC O To: Jon Hohenstein Community Development Director, City of Eagan M From: Rebecca Kurtz & Sid Inman, Ehlers & Associates W Date: June 11, 2008 Subject: But-For Analysis for TIF 2-5 The City received from the developers of the Blue Gentian Corporate Center (McGough) a request for additional Tax Increment assistance. The City has asked Ehlers & Associates to review the developer's project feasibility analysis to determine if the additional level of the assistance requested is needed to make the project financially feasible. During the original analysis for the establishment of TIF 2-4, Ehlers prepared a But For Analysis and determined that the level of assistance was reasonable based on the market conditions at that time and the financial assumptions. With the change in phasing, the developer provided to Ehlers new financial information dated January 27, 2008, on the remaining phases. This information included the building size and details regarding expenses, revenues and other pertinent operational financial information. After we reviewed this material, we met with the developer's representatives to discuss and review the information provided. Ehlers then prepared a new But For Analysis. Based on the new analysis, Ehlers has determined that while the returns to the developer would be less, the level of assistance is still reasonable. Please let me know if you have any questions or comments, or if we can be of further assistance on this matter. LEADERS IN PUBLIC FINANCE 3 55113-13-05 ~ _ 06o Centre Pointe Drive Phone: 651-697-8507 Fax: 651.-697-8555 Roseville MN sid ehlers-inc.com ill CITY OF EAGAN RESOLUTION TO APPROVE AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY AND MG EAGAN, LLC AND A COLLATERAL ASSIGNMENT OF THE DEVELOPMENT AGREEMENT TO LASALLE BANK BE IT RESOLVED by the Eagan City Council to approve the Amended and Restated Development Agreement between the City and MG Eagan, LLC and an agreement for the collateral assignment of the Development Agreement to LaSalle Bank and to authorize the EDA President and Executive Director to execute the appropriate documents. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council in a regular meeting thereof assembled this 17'h day of June, 2008. Maria Petersen, City Clerk Ibv EAGAN ECONOMIC DEVELOPMENT AUTHORITY i RESOLUTION TO APPROVE AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY AND MG EAGAN, LLC AND A COLLATERAL ASSIGNMENT OF THE DEVELOPMENT AGREEMENT TO LASALLE BANK I i BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the Amended and Restated Development Agreement between the City and MG Eagan, LLC and an agreement for the collateral assignment of the Development Agreement to LaSalle Bank and to authorize the EDA President and j Executive Director to execute the appropriate documents I Motion by: i Second by: Those in Favor: Those Against: CERTIFICATION i 1, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 17th day of June, 2008. Jon Hohenstein, Secretary/Deputy Executive Director i lo! Agenda Information Memo Eagan Economic Development Authority Meeting June 17, 2008 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting. i i ~Oa