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07/01/2008 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING July 1, 2008 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA (At approximately 8:00 p.m. the Council will take a short recess) III. RECOGNITIONS AND PRESENTATIONS 7) A. 4th of July Committee IV. CONSENT AGENDA A. APPROVE MINUTES B. PERSONNEL ITEMS 7" jy C. APPROVE Check Registers D. SCHEDULE a Special City Council Meeting on August 26, 2008 at 5:30p.m. E. APPROVE Joint Powers Agreement for Development of Government Optical Fiber Network Between the i f City of Eagan, Dakota County, Dakota County Community Development Agency, and the State of Minnesota Office of Enterprise Technology ~)J `f F. APPROVE Extension for Preliminary Subdivision - Nature's Point 7 G. APPROVE Extension for Preliminary Subdivision - Sammy Sweet Cheeks _31 H. RECEIVE Bids and Award Contract 08-02 (Lone Oak Lift Station Upgrade) - A I. APPROVE Change Order Nos. 7, 8, 9, and 10 for Contract 06-01 (TH 149) 3 J. APPROVE Plans and Specifications and Authorize Ad for Bids, Contract 08-01 (Holland Lake Lift Station) j- K. APPROVE Amendments to T-Mobile Lease Agreements (antennae installations on City reservoirs) "16, L. AUTHORIZE a Facility Evaluation Study of the South Water Treatment Plant ~l' 3 1 M. AUTHORIZE a Radio Communication System Evaluation Study N. APPROVE Joint Powers Agreement with Financial Crimes Services O. APPROVE Extension of Recording Final Plat - Blue Gentian Corporate Center P. APPROVE Extension of Preliminary Subdivision - Sumac Ridge fT ? Q. APPROVE Massage Therapy Establishment license renewals for 2008-2009 R. APPROVE Amusement Device License for Mendota Valley Amusement V. PUBLIC HEARINGS fj A. VARIANCES - CITY OF EAGAN - Variances to miscellaneous parking lot setbacks associated with public improvements located at TH 149, 3660 Dodd Road and 3680 Dodd Road, and one parcel along Northwood Parkway, 1364 High Site Drive. B. VARIANCE - Shawn Cherland - A Variance of 20' to the required 30 foot building setback from a public street for a shed located at 4615 Beacon Hill Court on Lot 8, Block 1, Beacon Hill in the NW % of Section 33. VI. OLD BUSINESS ✓ 7'I A. AMEND COVENANTS - Hawthorne Ridge - Amend covenants to allow a full service restaurant VII. NEW BUSINESS A. PLANNED DEVELOPMENT - Verizon Wireless - A Planned Development to allow a retail store located at 1250-1252 Yankee Doodle Road on Lot 1, Block 1, Town Centre 100 10th Addition in the NW %of Section 15. / B. PLANNED DEVELOPMENT - Eagan Promenade / Ethan Allen - A Planned Development Amendment to allow modification to signage and building exterior for a multi tenant retail building located at 1270 Promenade Place in the SE % of Section 10. C. PLANNED DEVELOPMENT - Town Centre Shoppes - A Planned Development Amendment to allow a drive-thru service window and parking lot reconfiguration located at 1248 - 1272 Town Centre Drive in the NW % of Section 15. ~OY VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE A. Discuss Appointment to Grant Evaluation and Ranking Systems (GEARS) Board. IX. ECONOMIC DEVELOPMENT AUTHORITY (no items at this time) X. ADMINISTRATIVE AGENDA / COUNCIL COMMENTS XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIII. ADJOURNMENT City of EMe TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JUNE 27, 2008 SUBJECT: AGENDA INFORMATION FOR JULY 1, 2008 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the July 1, 2008 City Council agenda, the following items are in order for consideration. Agenda Memo July 1, 2008 Regular City Council Meeting RECOGNITIONS AND PRESENTATIONS: A. Recognition of Eagan July 4th Funfest Committee • Mayor Maguire will recognize the Eagan July 4th Funfest Committee for their efforts in organizing the upcoming festivities. • The Committee will be given the opportunity to provide information regarding the logistics of the events. Agenda Information Memo July 1, 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 17, 2008 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the June 17, 2008 regular City Council meeting are enclosed on pages through MINUTES OF A REGULAR MEETING OF THE DRq [ t EAGAN CITY COUNCIL f Eagan, Minnesota June 17, 2008 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers 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 17, 2008 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers 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 Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATIONS Councilmember Peggy Carlson was recognized for her nine and one half years of service to the City. It was noted that her resignation from the Eagan City Council is effective June 30, 2008. CONSENT AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the June 3, 2008 regular City Council meeting as presented. B. Personnel Items 1. Accepted letter of retirement from Steve Grimm, Police Sergeant, and acknowledge Steve for 25 years of service to the City of Eagan. 2. Approved the hiring of a person to be named as full-time overnight custodian at the City's Campus Facilities. 3. Approved the hiring of a person to be named as full-time overnight custodian at the Eagan Community Center. 4. Approved the hiring of Josh Hoff as a seasonal utilities maintenance worker. 5. Approved the hiring of Lauren Sturdivant, Cody Johnson and David Guenther as seasonal park maintenance workers. 6. Approved hiring of Jonathan Childers and Wanda Borman as part-time seasonal art instructors. C. It was recommended to ratify the check registers dated May 29, 2008, June 5, 2008 and June 12, 2008 as presented. D. It was recommended to accept the donation of an AED from North Star Foods Services. E. It was recommended to approve Massage Therapy Establishment License renewals for: 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; 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 Avenue. F. It was recommended to approve Amusement Device Licenses for Theisen Vending, Awe Vending, Coinstar Entertainment and Lieberman Companies. G. It was recommended to declare bicycles, unclaimed property and miscellaneous City property to be surplus. H. It was recommended to approve a Fireworks Permit for RES Specialty Pyrotechnics Inc. and waive the license fee as requested by the July 4`h Funfest Committee. 1. It was recommended to schedule a Special City Council Workshop on Tuesday, July 22, 2008. J. It was recommended to receive the bids and award Contract 08-07 (Reservoir Repainting) to the lowest responsible bidder. K. It was recommended to approve Change Order No. 1 for Contract 08-06 (Northwood Parkway - 35E Overpass) for the Northwood Parkway bridge over 35E and authorize the Mayor and City Clerk to execute all related documents. Eagan City Council Meeting Minutes June 17, 2008 Page 2 L. It was recommended to schedule a public hearing to be held on July 1, 2008, to consider variances to miscellaneous parking lot setbacks associated with pubic improvements. M. PULLED FOR DISCUSSION - Designation of Wuthering Heights Road and Hazel Road as Minimum Maintenance Roads. N. It was recommended to 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. 0. Item removed from agenda. P. It was recommended to approve an amendment to the Development Agreement providing for the extension of contract completion dates for Marsh Cove (City Project No. 07-0). Q. It was recommended to approve the resolution approving the terms of a revolving internal loan in connection with TIF District No. 2-5 (Blue Gentian Redevelopment). R. It was recommended to authorize the initiation of the rezoning process for the single family detached areas in the Woodlands North and Southern Hills Planned Developments. S. It was recommended to approve a resolution providing for the issuance and sale of General Obligation State-Aid Bonds, Series 2008A. Public Works Director Colbert discussed the history of Wuthering Heights Road as a substandard gravel road which provides access to 12 properties. He noted that in order to minimize the City's liability exposure, it is necessary to either bring the road up to current City standards or designate it as a minimum maintenance road. Two residents of Wuthering Heights Road asked if the City could assist in the maintenance of the road at least on a minimal basis. Council directed the Public Works Department to meet with the residents to discuss a plan for maintaining the road. M. Motion was made by Fields, seconded by Tilley to approve Wuthering Heights Road and Hazel Road as Minimum Maintenance Roads, authorize the installation of appropriate signage and authorize the Mayor and City Clerk to execute related resolutions. The Public Works Department was directed to work with the residents to devise a low maintenance plan and bring back to the Council at a future meeting. Aye: 5 Nay: 0 2007 COMPREHENSIVE ANNUAL FINANCIAL REPORT City Administrator Hedges introduced Matt Mayer of Kern, DeWenter, Viere, Ltd. who made a presentation regarding the 2007 Comprehensive Annual Financial Report. Councilmember Tilley moved, Councilmember Fields seconded a motion to receive and accept the 2007 Comprehensive Annual Financial Report. Aye: 5 Nay: 0 PUBLIC HEARINGS AMENDMENT TO THE 2008 FEE SCHEDULE IN REGARD TO ROOM RENTAL FEES AND SOLICITOR, PEDDLER, AND TRANSIENT MERCHANT LICENSE FEES City Administrator Hedges discussed an amendment to the 2008 Fee Schedule in regard to the fees and charges for groups reserving the Eagan Room and the Fire Department Training Room. He also discussed an amendment to the Fee Schedule which would add a $100 charge for Solicitor, Peddler and Transient Merchant Licenses. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the 2009 fees and charges and establish priority for groups reserving the Eagan Room and Fire Department Training Room. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the addition of a $100 charge for Solicitor, Peddler and Transient Merchant Licenses. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes June 17, 2008 T Page 3 , COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING AND VARIANCE ST. ELIZABETH ORTHODOX MISSION City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment, rezoning and variance for St. Elizabeth Orthodox Mission to be located on Lot 1, Block 1, Century 2"d Addition. City Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Fields seconded a motion 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 on Lot 1, Block 1, Century 2nd Addition in the SW '/4 of Section 09. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Tilley seconded a motion 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. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve 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 2nd Addition in the SW '/4 of Section 09. Aye: 5 Nay: 0 OLD BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT AND PLANNED DEVELOPMENT AMENDMENT SELECT SENIOR LIVING OF EAGAN, LLC City Administrator Hedges noted that the applicant is continuing to work with Blue Cross Blue Shield in regard to this project. The 120 day agency action deadline has been waived. Councilmember Fields moved, Councilmember Bakken seconded a motion to continue consideration of a Comprehensive Guide Plan Amendment and Planned Development Amendment for Select Senior Living of Eagan, LLC until the July 15, 2008 City Council meeting. Aye: 5 Nay: 0 NEW BUSINESS There were no New Business items. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges discussed a meeting that he and Mayor Maguire had with Congressman John Kline. The regular City Council meeting was recessed at 8:10 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 8:15 p.m. ADMINISTRATIVE AGENDA 1. Appointments to Council Sub-Committees Councilmember Tilley moved, Mayor Maguire seconded a motion to appoint Councilmember Bakken as Acting Mayor and appoint the following Councilmembers to fill vacancies left by the Council resignation of Councilmember Carlson: Aye:5 Nay:0 Finance Committee - Councilmember Bakken Personnel Committee - Councilmember Fields Communications Committee - Councilmember Fields Advisory Commission Liaison to the APrC - Councilmember Tilley Eagan City Council Meeting Minutes June 17, 2008 Page 4 A F T Eagan Conventions and Visitor's Bureau - Mayor Maguire / Vice President of the Economic Development Authority - Councilmember Tilley 2. Settlement Agreement - Charter Commission Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Contingent Settlement Agreement between the City and the Eagan Charter Commission. Aye: 5 Nay: 0 3. Change Order No. 2 for Contract 07-06 Public Works Director Colbert discussed the need for Change Order No. 2 for Lebanon Hills Regional Park/ Long Acres storm sewer improvements. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve Change Order No. 2 for Contract 07-06 (Lebanon Hills Regional Park/Long Acres - Storm Sewer Improvements) and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. The Council recessed to a Closed Session at 8:30 p.m. to discuss the termination of a purchase agreement between the City an Northwood Equity, LL. The Council reconvened at 8:45 p.m. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Resolution authorizing termination of a purchase agreement between the City and Northwood Equity, LLC. Aye: 5 Nay: 0 Councilmember moved, Councilmember seconded a motion to adjourn the meeting at 8:50 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. Agenda Information Memo July 1, 2008 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Part-time Seasonal Recreation Assistant-Adapted- ACTION TO BE CONSIDERED: To approve the hiring of Nick Larson as a part-time seasonal recreation assistant-adapted. Item 2. Part-time Seasonal Lifeguards/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Trinda Phelon, Alisah Natzel, Naomi Muckler, Carissa Fisher, Benjamin Cohen and Lily Peters as a part-time seasonal lifeguards at Cascade Bay. Item 3. Part-time Seasonal Pool Attendants/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Angela Hurley and Hannah Martin as a part-time seasonal pool attendant at Cascade Bay. Item 4. Part-time Seasonal Guest Services/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Mats Norblom, Meredyth Frederickson. Diana Hansen, Nicholas Hamilton and Tara Novotny as part-time seasonal guest services at Cascade Bay. Item 5. Part-time Fitness Attendants/Community Center-- ACTION TO BE CONSIDERED: To approve the hiring of Helen Wing, Sue VonDeLinde, Michael Stiff and Kristin Benda as part- time fitness attendants at the Community Center. Item 6. Part-time Fitness Attendants/Personal Trainer/Community Center-- ACTION TO BE CONSIDERED: To approve the hiring of Efren Maldonado as a part-time fitness attendant/personal trainer at the Community Center. Agenda Information Memo July 1, 2008 Eagan City Council Meeting Item 7. Part-time Seasonal Building Attendant II/Civic Arena-- ACTION TO BE CONSIDERED: To approve the hiring of Kate Anderson as part-time seasonal building attendant II at the Civic Arena. Item 8. Full-time Overnight Custodian-Community Center-- ACTION TO BE CONSIDERED: At the June 17, 2008 City Council meeting, approval was given to the hiring a person to be named as a full-time overnight custodian at the Eagan Community Center. The person hired is Steven Nelson. This item is for informational purposes only. No action is required. Item 9. Full-time Overnight Custodian-Campus Facilities— ACTION TO BE CONSIDERED: At the June 17, 2008 City Council meeting, approval was given to the hiring a person to be named as a full-time overnight custodian at the Campus Facilities. The person hired is Todd Johnson. This item is for informational purposes only. No action is required. Item 10. Post Retirement Health Insurance Benefits ACTION TO BE TAKEN: To acknowledge and formally approve the summary restatement of Post Retirement Health Insurance Benefits and implementation of same for City of Eagan employees. FACTS: • Implementation of the City's Post Retirement Health Insurance Benefits began in 1992 and the program has undergone numerous changes over the years resulting from both State and City action. Staff is requesting this City Council action to consolidate the program parameters into one document for clarity and to provide consistent on-going management of the program. • Certain parameters as noted are contained in union contracts and can be changed only through the negotiations process. This restatement is cross-referenced to current union contracts. Agenda Information Memo July 1, 2008 Eagan City Council Meeting Historical Perspective: • In November of 1992 the following was approved by the City Council and added to the contract with the Eagan Police Association: "The City will contribute to bargaining unit employees who retire from the Eagan Police Department at the age of 55 years or older, who are eligible to receive PERA pension benefits and who collect said pension benefits, the same amount towards health insurance premiums as that contributed to active bargaining unit employees. This contribution would continue until the ex-bargaining association member reaches the age of 65 or becomes eligible for Medicare, whichever comes sooner, unless the City of Eagan no longer provides group health coverage to any of its employees or unless the ex-bargaining unit member is employed and is eligible to be covered under his/her new employer's group health plan (unless that plan contains any exclusions or limitations with respect to any pre-existing conditions the ex-bargaining unit member or his/her covered dependent may have)." • By way of clarification in December of 1992 this same benefit was extended by memo to exempt sworn officers in the police department who were not members of a bargaining unit, i.e., the Lieutenants, Deputy Chief and Chief of Police. • In a subsequent Police Association contract the following was added: 1. "with 15 years of service" This means that to be eligible an employee must have worked for Eagan for 15 years prior to retirement in addition to retiring from the Eagan police department. 2. "An officer who retires and is at least 50 but less than 55 with at least 15 years of service at the City of Eagan may remain under the EMPLOYER'S group health insurance policy. Payment of premiums for such policy between the ages of 50 and 55 will be the responsibility of the former employee until they become age 55 at which time the employee shall be eligible to receive the same insurance benefit (insurance premium contribution) as active bargaining unit members as listed in 19.09." • The 1993 - 1994 Clerical bargaining unit contract included the following language: "The City will contribute toward health insurance premiums for bargaining unit employees who retire from the City of Eagan after 15 or more years of continuous service, who are eligible to receive full PERA pension benefits and who collect said pension benefits, the same amount contributed to premiums for active bargaining unit employees. This contribution would continue until the ex-bargaining association member reaches the age of 65 or becomes eligible for Medicare, whichever comes sooner, unless the City of Eagan no longer provides group health coverage to any of its employees or unless the ex-bargaining unit member is employed and is eligible to be covered under his/her new employer's group health plan (unless that plan contains any exclusions or limitations with respect to any pre-existing conditions the ex-bargaining unit member or his/her covered dependent may have)." /G Agenda Information Memo July 1, 2008 Eagan City Council Meeting • In March of 1993 the following action was taken by the City Council: "Retiree health insurance benefits be approved for persons retiring from the City who are eligible for full PERA benefits as follows: a) sworn officers who are not members of the Police Association would be equal to the provisions in that current bargaining unit's contract; and b) all other non-collective bargaining regular employees at the City of Eagan would be equivalent to the provisions in the current clerical contract". • In January of 2001 at the recommendation of the City's labor attorney slight changes were made to the wording to the retirement insurance coverage policy. The wording change was for clarification and consistency with State Statutes and did not make any changes to actual procedure or eligibility requirements. • In July of 2004 a change was made to the Retirement Insurance Policy which covers regular non-bargaining employees adding additional language taken from State Statute describing requirements for employees to be eligible for retirement insurance and also further defining the phrase "other insurance." The result of this change basically precludes regular non-Police and Fire PERA employees from this benefit because the Statutes no longer provide for full PERA retirement benefits before age 65. The change became effective for employees hired after July 1, 1989. Although the language has not been changed in the clerical bargaining association contract, members first hired after July 1, 1989 cannot meet the eligibility requirements and the benefit has effectively been eliminated for new hires in that group as well. • The current (2008 - 2010) contract with the Maintenance Employees contains basically the same language as the clerical contract referenced above. The net effect on the maintenance bargaining group employees is the same as noted above for the clerical group. • Effective with the contract covering the years 2004 and 2005, police officers first hired after January 1, 2005 are not eligible for the post retirement health insurance benefit. "In lieu of the benefit, they receive an additional $.80 per hour with their wages beginning with step 3 on the salary schedule (after 1 year of service as an officer). Additionally, officers hired before January 1, 2005 were given a one time option to switch to the higher wage scale in exchange for the post retirement health insurance benefit. • Effective with the contract covering the years 2008 -2010 sergeants hired after January 1, 2005, and employees who have made an irrevocable election to waive the post retirement health insurance benefit shall receive an additional $.80 per hour, in lieu of the post retirement health insurance benefit. A sergeant may opt out of the post retirement health insurance and receive the $.80 per hour "in lieu of benefit at any time, per the terms of the contract, but may not reverse the opt out decision made as either an officer or as a sergeant. Agenda Information Memo July 1, 2008 Eagan City Council Meeting In Summary (Grouped by PERA Coverage): 1. Regular Employees - Coordinated PERA • Both union and non-union employees first hired by the City prior to July 1, 1989 who meet eligibility requirements are eligible for this benefit. (The clerical and maintenance contracts include the old language while the City's Retirement Insurance Policy has been updated.) • The 15 years of service requirement can be covered with split service, if the first City hire is before July 1, 1989 and the total time of Eagan service is at least 15 years. • There are no "in lieu of hourly wage payments for employees not eligible for the post retirement health insurance benefit. II. Regular Employees - Police and Fire PERA A. Sworn Police Officers i. Police Officer Association (Contractual) • Officers hired after January 1, 2005 and those hired before that date who made an irrevocable decision to be paid the "in lieu of wage do not have post retirement health insurance benefits. • Officers hired before January 1, 2005 that did not exercise the irrevocable decision to be paid the "in lieu of wage have post retirement health insurance benefits. Eligibility requirements for participation are as they have been historically. ii. Sergeant Association (Contractual) • Sergeants promoted from the Police Officers Association who were first hired by the City of Eagan after January 1, 2005 and those hired as officers before that date who made an irrevocable decision to be paid the "in lieu of wage do not have post retirement health insurance benefits and will continue to be paid the $.80 per hour, in lieu of the post retirement health insurance benefit • Sergeants hired while serving in Eagan as a Police Officer cannot reverse an opt out decision made as an Officer. Any sergeant can exercise the irrevocable opt out option at any time and be paid the "in lieu of wage. iii. Administrators - Sworn Officers (By Council Policy) • Sworn officers in administrative positions continue to have exactly the same post retirement health insurance benefit or the "in lieu of wage they had as members of his/her last Eagan bargaining unit. Agenda Information Memo July 1, 2008 Eagan City Council Meeting iv. General (Applies to A.i., A.ii., and A. iii.) • Sworn officers who move by promotion from the officers bargaining group to the sergeants bargaining group are not allowed to reverse a previous decision to opt out of the post retirement health insurance benefit. Sergeants who move from the Sergeant's bargaining group to administrative positions (non-bargaining) must take the same status with them that they had before that promotion. • Any administrative sworn officer hired from outside the City would not receive the $.80 per hour payment "in lieu of benefit and would not be eligible for the post retirement health insurance benefit. • Any sworn officer who retires and is at least 50 but less than 55 with at least 15 years of service at the City of Eagan may remain under the employer's group health insurance policy. Payment of premiums for such policy between the ages of 50 and 55 will be the responsibility of the former employee until they become age 55 at which time the employee shall be eligible to receive the same insurance benefit (insurance premium contribution) as the group from which they retired. During this period between ages 50 and 55, former employees may choose to participate in the High DeductibleNEBA plan; however, the City will not contribute to the VEBA trust account for that former employee. B. Firefighters • No eligibility for post retirement health insurance benefit and no "in lieu of hourly payments. Agenda Information Memo July 1, 2008 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated June 19, 2008 and June 26, 2008 as presented. ATTACHMENTS: • Check registers dated June 19, 2008 and June 26, 2008 are enclosed without page number. Agenda Information Memo July 1, 2008 City Council Meeting D. SCHEDULE A SPECIAL CITY COUNCIL WORKSHOP ON AUGUST 26, 2008 ACTION TO BE CONSIDERED: To schedule a Special City Council Workshop on Tuesday, August 26, 2008 at 5:30 p.m. FACTS: • A Special City Council Workshop is proposed to be scheduled on August 26, 2008 for the purpose of reviewing the 2009 Operating Budgets and to discuss the 2008 referendum question pertaining to the acquisition of Carriage Hills Golf Course. ATTACHMENTS: None I Agenda Information Memo July 1, 2008 Eagan City Council Meeting E. APPROVE JOINT POWERS AGREEMENT FOR DEVELOPMENT OF GOVERNMENT OPTICAL FIBER NETWORK BETWEEN THE CITY OF EAGAN, DAKOTA COUNTY, DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY, AND THE STATE OF MINNESOTA OFFICE OF ENTERPRISE TECHNOLOGY. ACTION TO BE CONSIDERED: To approve a Joint Powers Agreement for development of government optical fiber network between the City of Eagan, Dakota County, Dakota County Community Development Agency, and the State of Minnesota Office of Enterprise Technology. FACTS: • The City of Eagan, Dakota County, Dakota County Community Development Agency, and State of Minnesota Office of Enterprise Technology will all benefit from additional fiber optic connections in and around Eagan. Each governmental entity will further benefit through this cooperative arrangement. • The proposed JPA sets out the cost sharing and the use of the optical fiber facilities to be installed for those purposes. • The City of Eagan desires additional fiber optic connections from City Hall to the City Maintenance Facility and to the Eagan Community Center and possibly to Fire Station 1. • Depending on the results of formal Request for Proposals for fiber construction and installation, a recommendation will be made to the City Council for contract approval. • Financing for the City's share of the proposed optic fiber network is included in Part II, Vehicles and Equipment, of the City's Capital Improvement Plan and is financed with Retained Franchise Fees. ATTACHMENTS: ~7 • A copy of the JPA is enclosed on pages / through 3- . JOINT POWERS AGREEMENT FOR DEVELOPMENT OF OPTICAL FIBER NETWORK This agreement is between the State of Minnesota (State), acting through its Office of Enterprise Technology ("OET"), County of Dakota ("County"), Dakota County Community Development Agency ("CDA"), and the City of Eagan ("City") referred to as the "Parties." The Parties are governmental units of the State of Minnesota. 1. General Purpose Whereas the City of Eagan, the County of Dakota and the State of Minnesota through it's Office of Enterprise Technology (OET) need fiber optic connections in and around Eagan, this agreement sets out terms of an agreement to share in the costs and use of optical fiber facilities to be installed for those purposes. City needs fiber optic connections from City Hall to the City Maintenance Facility on Coachman Road, to Fire Station #1 and to the Eagan Community Center. CDA needs fiber optic connections from its office on Town Centre Drive to County fiber in Eagan City Hall. State needs fiber optic connections from the State network, MNET at the 511 Building in Minneapolis to County fiber in Eagan City Hall. County needs a fiber connection from its Western Service Center to the state network, MNET. This agreement defines the cost sharing for this fiber project. The City will be the owner in title of the installed fiber and gives the parties certain rights to use portions of the fiber under this agreement as described below 2. Term of Agreement The term of this Agreement shall commence on the Effective date of June 1, 2008 or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later, and shall remain in full force and effect until the Expiration date of Twenty years after the Effective Date, unless terminated by the Parties as provided in this Agreement, whichever occurs first. 3. Agreement between the Parties The Parties hereby enter into this Agreement pursuant to Minn. Stat. §471.59 to enable the Parties to construct, manage and share a fiber optic communications infrastructure for the purpose of delivering communications services among their respective institutional sites, as more fully described below. References to fiber segments refer to the infrastructure hereby created by this Agreement and which is described in Attachment A, attached hereto and incorporated herein by reference. Additional locations or fiber segments may be added subsequently by written amendment to this Agreement. Summary of Agreement Terms: An RFP for fiber construction and installation will be issued by the City and a fiber installation and construction contract will be executed by the City upon concurrence of all the Parties. The Request for Proposals shall clearly state that the award and execution of a contract is contingent upon the unanimous concurrence of the Parties. Should such unanimous concurrence not occur, the City and any remaining Party wishing to enter into a contract may do so at their sole discretion, and without further participation, obligation or liability of the non-concurring Party or Parties. This Agreement will be automatically terminated without further action or notice by, of or to the Parties in the event that only the City decides to enter into a contract, or will be amended as appropriate to reflect the continuing participation of a Party and withdrawal of another from the Agreement. The City will be the owner in title of the fiber installed under this agreement, except for the short fiber segments connecting from the McLeod handholes to the adjacent City handholes, which fiber will be owned by the State, and to the extent they participate in the project, the State, County, and CDA will have Indefeasible Rights to Use (IRUs) the portions of the fiber as detailed below. Eagan JPA 5-17-2008 Fiber maintenance, including ticket clearing, locates and fiber repairs, will be provided under State contracts for fiber maintenance and costs for this service will be shared as detailed below. As owner of the fiber, the City is responsible for any costs for fiber relocations, fiber damaged by acts of the City, its employees or agents, and any fiber damage caused by Acts of God. State will: • Provide a fiber based connection from Eagan Fire Station #1 to City Hall on City provided network equipment if requested by City • Provide the necessary network equipment at Eagan City Hall to complete connections to County fiber connecting to the State hub at the Dakota County Western Service Center. • Operate a network over the shared fiber from the McLeod handhole connecting the Western Service Center to the 511 Building as part of the State's network. • Have use of four fibers in segments #1 and #3 connecting from the McLeod handhole to City Hall • Pay 1/3, not to exceed $20,000, of the construction cost for segment #3 • Pay the cost to have fiber installed from handholes A and C to the adjacent McLeod handholes • Arrange, under the State's fiber maintenance contracts, for maintenance and repair of the fiber covered under this agreement • Pay 1/2 of the annual cost for maintenance of the fiber in segments 1, 2 and 3. CDA will: • Pay the construction cost to have optical fiber cable installed from the CDA to a City handhole (B) near Duckwood and Pilot Knob where City conduit is installed (segment #2) • Pay 1/2 of the cost to have optical fiber installed from the City conduit handhole to City Hall (segment #1) • Have use of 12 fibers in segments #1 and 2 • Allow the State to use one pair of fibers from CDA to City Hall • Maintain a service agreement with OET for services over the fiber connection to City Hall County will: • Pay 1/3, not to exceed $20,000,of the construction cost for segment #3 City will: • Pay'/2 of the cost to have optical fiber installed from the City handhole (B) near Duckwood and Pilot Knob to City Hall (segment #1) • Pay the % of the cost to have optical fiber installed from the City conduit handhole (B) to handhole A on Federal Drive (segment #3) • Pay the cost to have optical fiber installed from Coachman Road to handhole A at Federal Drive (segment #5) • Pay the cost to have optical fiber installed from Fire Station #1 to the McLeod handhole near Silver Bell Road (segment #6) if constructed • Pay the cost to have optical fiber installed from the Eagan Community Center to the handhole A at Federal Drive (segment #4) • Allow the State to use four fibers from the McLeod handhole at Federal Drive to City Hall • Allow the State to use one pair of City fibers from City Hall to the Western Service Center • Allow the State to install necessary network equipment in City Hall • Provide the necessary network equipment to connect Fire Station #1 to City Hall • Pay'/2 of the annual cost for maintenance of the fiber in segments 1, 2, and 3. • Pay all of the annual cost for maintenance on segments 4, 5 and 6. Eagan JPA 5-17-2008 /h' 4. Payment City will be the fiscal agent for this agreement and each Party will reimburse the City for its share of the costs. Payments and reimbursements between Parties will follow each Party's normal payment policies. Unless provided otherwise in this Agreement, each Party shall pay all of the costs for its own equipment in the Network. 5. Network Development, Design, Operation And Management OET will design and operate a network connection from Eagan City Hall to MNET. Services provided over this network connection will be covered by separate service agreements with each of the parties. City will design and operate its own network over its fiber. 6. Liaisons To assist the Parties in the day-to-day performance of this Agreement and to ensure compliance with the specifications and provide ongoing consultation, liaisons shall be designated by the Parties. The Parties shall inform the others, in writing, of any change in the designated liaison. At the time of execution of this Agreement the following persons are the designated liaisons: The State's Liaison is: Jim E.Johnson Director of Network and Telecommunications Services Minnesota Office of Enterprise Technology 658 Cedar St St Paul, Minnesota 55155 651.201.1016 The CDA's liaison is: Michael Jacobson IT Director Community Development Agency 1228 Town Centre Drive Eagan, MN 55123 The County's Liaison is: David Asp Information Technology Data Network Specialist Dakota County 1590 Highway 55 Hastings, MN 55033 651.438.4271 The City's liaison is: Kristi Peterson Information Technologies Manager City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 651.675.5092 Eagan JPA 5-17-2008 7. Assignment, Amendments, Waiver, and Contract Complete 7.1 Assignment. No Party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other Parties and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 7.2 Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 7.3 Waiver. If either Party fails to enforce any provision of this Agreement, that failure does not waive the provision or its right to enforce it. 7.4 Contract Complete. This Agreement contains all negotiations and agreements between the Parties. No other understanding regarding this Agreement, whether written or oral, may be used to bind any party. 8. Liability and Insurance Each Party to this Agreement shall be liable for the acts of its own agents or employees and the results thereof to the extent authorized by law and shall not be responsible for the acts any of the other Parties, their agents or employees. It is understood and agreed that liability and damages arising from the Parties' acts and omissions are governed by the provisions of the municipal Tort Claims Act, Minn. Stat. Ch. 466, the Minnesota Tort Claims Act, Minn. Stat. §3.736, as applicable, and other applicable laws. Each Party warrants that they are able to comply with the aforementioned liability requirements through an insurance or self-insurance program and that each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466 or Minn. Stat. §3.736, as applicable. This agreement relating to liabilities does not constitute a waiver by any Party of limitations on liability provided by Minnesota Statutes, Chapter 466, Minnesota Statutes § 3.736 or other applicable law. This clause will not be construed to bar any legal remedies that each party may have for the another party's failure to fulfill its obligations under this Agreement. 9. State Audits Under Minnesota Stat. § 16C.05, subd. 5, each Party's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 10. Government Data Practices The Parties must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by each Party under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by any Party under this Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by any Party. If any Party receives a request to release data referred to in this Clause that was received by the Party receiving the request from another Party, the Party receiving the request to release the data must immediately notify the Party from whom the data originated. The originating Party will give the Party receiving the request to release the data instructions concerning the release of the data to the requesting party before the Eagan JPA 5-17-2008 / data is released. 11. Venue Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in either Dakota or Ramsey County, Minnesota. 12. Termination 12.1 Termination. This Agreement may be terminated by any Party, with or without cause, at any time after two (2) years after the Effective Date upon 180 days written notice of intent to terminate to the other Parties. 12.2 Termination for Insufficient Funding Any Party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the other Parties. A Party is not obligated to pay for any services that are provided after notice and effective date of termination. A Party will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. A Party must provide the other Parties notice of the lack of funding within a reasonable time of the Party's receiving that notice. 12.3 Ownership. At the end of the term of this Agreement or upon its termination, each Party will continue to own all sections of fiber optic cable that it presently owns and each Party will own the electronic devices it installed pursuant to this Agreement. 13. Miscellaneous Provisions Except as otherwise provided herein, this Agreement may be amended by written consent of all Parties. The addition of a new Party to this Agreement shall require a written amendment approved by all Parties. Should any provision of this Agreement be found unlawful, invalid or unenforceable for any reason, the other provisions of this Agreement shall remain in full force and effect if by doing so the purposes of this Agreement, taken as a whole, can be made operative. Should any such provision or article be found unlawful, representatives of the Parties shall meet for the purpose of arriving at an agreement on a lawful provision to replace the unlawful provision or article. The newly agreed upon provision or amendment must be approved by the governing body of each Party. The State of Minnesota, acting through its Office of Enterprise Technology, the City of Eagan, and the County of Dakota, hereby grant each other mutual continuing Licenses for access to their respective property as reasonably needed from time to time, for the installation, maintenance and repair of the network, which Licenses shall remain in effect for the duration of this Agreement. The Parties shall abide by all Federal, State and local laws, statutes, ordinances, rules and regulations now in effect or hereinafter adopted pertaining to this Agreement and to the facilities, programs and staff for which each Party is responsible. 14. Execution in Counterparts. This Agreement may be executed in any number of counterparts and by the parties hereto on separate counterparts, each of which counterparts when so executed and delivered shall be deemed to be an original, and all of which counterparts when taken together shall constitute but one and the same Agreement. Eagan JPA 5-17.2008 IN WITNESS WHEREOF, the undersigned governmental units have caused this Agreement to be executed by its duly authorized officers. STATE OF MINNESOTA Office of Enterprise Technology By: Print Name and Title Date of signature: DAKOTA COUNTY Approved by Dakota County Board Resolution No. By: Brandt Richardson, County Administrator Approved as to form: Date of signature: Assistant County Attorney Contract No. CITY OF EAGAN Approved by Eagan City Council Resolution No. By: Approved as to form: Print Name and Title Date of signature: City Attorney COMMUNITY DEVELOPMENT AGENCY By: Print Name and Title Date of signature: Distribution: State CDA County City Eagan JPA 5-17-2008 Attachment A Community Jc a }Stiti w Center R~ t i; 12 SM tw x McLeod Fiber `Handhoie A p-- 36 SM Community Development Maintenance E o Agency Center O as m f o o. 0 a 12 SM 60 SM , Handhole B i 72 SM Dakota County Fiber t ~ p E o City Hall C Han hole C 2 SM V ~ r O Fire Station #1 A 0 Oo10Wft , ~ , Eagan JPA 5-17-2008 Agenda Information Memo July 1, 2008, Eagan City Council Meeting F. EXTENSION OF PRELIMINARY SUBDIVISION, VARIANCE AND CONDITIONAL USE PERMIT APPROVALS (NATURE'S POINT) - EPIC DEVELOPMENT X, LLC ACTION TO BE CONSIDERED: To approve a one-year extension of the Preliminary Subdivision, Conditional Use Permit and Variance approvals for Nature's Point, located west of I-35E on Taconite Trail in the SE 1/4 of Section 20 and SW %4 of Section 21. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the Preliminary Subdivision, Conditional Use Permit and Variance on July 6, 2006. ➢ A dispute between the developer and the seller of one of the parcels has delayed this project. Until that issue is resolved and the developer has ownership of all the land encompassed by this development, the project cannot move forward. ➢ City Code states that a Preliminary Subdivision approval expires if Final Subdivision approval is not obtained within one year. City Code also states that approvals for Variances and Conditional Use Permits become null and void if not utilized within one year. ➢ This request would extend the approvals until July 6, 2009, allowing additional time for the developer and seller to resolve their issues. ➢ A condition regarding park and trail dedication was inadvertently omitted from the preliminary approval, but was included upon the last extension in 2007. However, the condition erroneously stated that cash park and trail dedications would be due for ten new lots, however, the correct number of net new lots is 27. ATTACHMENTS (2): Location Map, page .,1._ Letter from Epic Development, page Eagan Boundary N Right-of-way Location Map P a ~Parko=rea rk Area - Building Footprint JL se .92 (0 It6L ZJZ1( 44 * 116 4 A% dl ■®t• b Y° r°g. t a V s +f+ K . ,.,n ~ • e • r : 9 ° f 'A ® s 1 ~ ! i r . ~ to e e • y ,r+""" 1 e v 11 : / ° 1 - ! 9 ° W , , " / + Subject Site • a • ® ® ®~6 ® / 1 1 e da ~I a 1 i V o e 7 an an s law. filds R. ~e,~ / Yl 4f A ■ NJ 44 1 ® ~m ° A 1000 0 1000 2000 Feet Development/Developer. Natures Point Application: Prelim Sub., CG Plan Amend, Rezoning, and Variance Case No.: 21-PS-03-02-061 21-CG-03-02-06, 21-RZ-03-02-06 and 21-VA-0402-06 Map Prepared using ERSI Arc'Aew 3.1. Parcel base map data provided N q q by Dakota County Office of GIS and is current as of April 2005. City of ~pt jJQkan 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. MEPIC DEVELOPMENT, LLC Memorandum To: Mr. Mayor and Members of the City Council From: Rich Ragatz of Epic Development X, LLC Date_ June 11, 2008 RE: Natures Point Preliminary Plat Extension Mr. Mayor and Members of the City Council, I would like to formally ask, in writing, for an extension on the Preliminary Plat Approval for the Natures Point twin home development to be located along Taconite Trail and Deerwood Drive in Eagan, MN. Currently, we own two out of the three parcels and have been diligently trying to resolve the issue on the third parcel, 1720 Taconite Trail. There is a long story associated with this, but in a nutshell, the house was considered completely damaged due to water and mold problems after a couple of pipes fi-oze and subsequently, leaked (prior to purchase). The Judge ruled in our favor, however, the insurance company, Horace Mann, has not followed the ruling and we are working on enforcing this issue. We are close to resolving this small nightmare and plan on moving forward with the Natures Point development this summer. These delays have caused a serious hardship for us and we cannot move forward without ownership of all three parcels. Please allow us a one year extension on the Preliminary Plat for Natures Point so that we do not encounter- anymore delays. We look forward to developing a quality twin home development. Thanks for your consideration and sorry for the inconvenience. Sincerely, 4_111~ 4 ( j Richard Ragatz, President and Chief Manager Epic Development X, LLC RECEIVED JUN 10 ZWO 9820 Sky Lane / Eden Prairie, MN 55347 / Phone: 612.730.2814 / Fax: 952.906.3557 / Email: rich@epicdevelopment.com Agenda Information Memo July 1, 2008, Eagan City Council G. EXTENSION OF PRELIMINARY SUBDIVISION APPROVAL (SAMMY SWEET CHEEKS) ACTION TO BE CONSIDERED: To approve a one-year extension of the Preliminary Subdivision approval for Sammy Sweet Cheeks, consisting of two single-family lots on approximately 1.0 acre located at 2888 Sibley Hills Drive the SW 1/4 of Section 04. FACTS: ➢ The City Council approved the Preliminary Subdivision on July 17, 2007. ➢ The applicant is requesting a one-year extension at this time. (Please see attached letter for explanation) ATTACHMENTS (2): Location Map, page . Letter from Jeff Hill, page`/ y._ Eagan Boundary Right-of-way l Area NParceArea Location Map Park ea Building Footprint wru °°rv° + ' cwoun ca o[t Sub'ect Site t p . ra r v ° ' 1 F s ff TWA e■ i° a r• ~ ~ ~ ~ ~ ' } -«n.n. ~ ' ~ g O e { o E{ u +`r ~ i 4f, a ~o { a a ° ♦ ~qMe Ar ♦ 16 m tam B~ 0a a e d ° 1 [ 8 4 41 y e► 1 ~ f 90 g i? 9 ® ~ g~ e ° B P 14 {e ° wv ® i ® _ J "C)2 J E IT 6 2 -u C~~7 got .m 1 i► ' { g fR ale all Z assan m. L t • g, ~ r w4 `+a AND am all cz~ ® ® ® r I/if a { era + /4* 1000 0 1000 2000 Feet Development/Developer. 2888 Sibley Hills Drive Application: Preliminary Subdivision Case No.: 04-PS-07-05-07 Map Prepared using ERSI ArcVlew 3.1. Parcel base map data provided N by Dakota County Office of GIS and is current as of April 2005. City of Eap w E THIS MAP IS INTENDED FOR REFERENCE USE ONLY 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. Julie Strid From: sammysweetcheeks@usfamily.net Sent: Friday, June 20, 2008 5:05 PM To: Julie Strid Cc: jhillaero@usfamily.net Dear Julie and Council, Due to the current economic climate specifically in the housing market I am requesting a twelve month extension of the Sammysweetcheeks approval for subdivision. My current plans are still to have the final submitted before the end of July 2008 with extension approval but would like to have the security of the extra time in case funding the approval becomes prohibitive for me. Thank you for your time and consideration. Sincerely: Jeff HIII Get FREE High Speed Internet from USFamily.Net! http://www.usfamily.net/mkt-freepromo.htmi 1 J L/ ~x Agenda Information Memo July 1, 2008 Eagan City Council Meeting H. CONTRACT 08-02, LONE OAK ROAD LIFT STATION UPGRADE ACTION TO BE CONSIDERED: Receive the bids for Contract 08-02 (Lone Oak Road - Lift Station Upgrade) and award the contract to Minger Construction, Inc., for the Base Bid in the amount of $692,365.55, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 08-02 provides for the replacement and upgrade of the existing sanitary sewer lift station (NG.1) located southwest of the intersection of Lone Oak Road (County State Aid Highway No. 26) and Poppler Lane. • On June 17, 2007, the City Council approved the 2008-2012 Capital Improvement Program (CIP), including the Sanitary Sewer Operations and Facilities portion. The financing of the replacement of the Lone Oak sanitary sewer lift station was approved as part of the 2008 operating budget. • On June 3, 2008, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 08-02. • At 10:30 a.m. on June 24, formal bids were received for this project. A copy of the bid summary is enclosed. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid from Minger Construction, Inc., has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENT: • Bid Summary, page. G BID SUMMARY Lone Oak Road Lift Station Improvements City Project No. 892 City Contract No. 08-02 Bid Date: Tuesday, June 24, 2008 Bid Time: 10:30 a.m. Contractors Total Base Bid 1. Min er Construction, Inc. $ 692,365.55 2. Lametti & Sons, Inc. $ 727,727.20 3. Geislin er & Sons $ 872,200.00 4. Engineering & Construction Innovations $ 881,180.00 5. Northdale Construction Co., Inc. $ 1,066,837.75 Low Bid Evaluation Low Bid $ 692,365.55 Engineer's Estimate $ 706,425.00 Percent Under - Estimate -2.0% Agenda Information Memo July 1, 2008 Eagan City Council Meeting 1. CONTRACT 06-01, TH 149 RECONSTRUCTION & UPGRADE (TH 55 - ALBANO TRAIL) ACTION TO BE CONSIDERED: Approve Change Order Numbers 7-10 for Contract 06-01, TH 149 Reconstruction. FACTS: • The City of Eagan is the lead agency in partnership with the Minnesota Department of Transportation (MnDOT) for Contract 06-01 which provides 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 (south of Rich Valley Blvd/Co. Rd. 71). The upgrading of TH 149 to a 4-lane divided roadway includes a new traffic signal at the intersection of Wescott Road, and dedicated safety turn lanes at various street intersections. A trail will also be constructed along the east side between TH 55 and Wescott Road. • Change Order No. 7 provides a cost deduction for failing modular block retaining wall materials. Required laboratory testing found the modular block material used for constructing the retaining walls on the project did not meet specifications. The deduction approved via this change order is consistent with other change orders approved by Mn/DOT for similar situations and equals the cost of the failing materials provided. (DECREASE $12,000.00) • Change Order No. 8 provides a cost deduction for inadequate documentation of materials used in the construction of fencing. The fencing subcontractor could not provide satisfactory documentation proving the provided fencing material met project specifications. The deduction approved via this change order is consistent with other change orders approved by Mn/DOT for similar situations and equals approximately 45% of the materials costs for which adequate documentation could not be provided (DECREASE $651.45) • Change Order No. 9 provides for a final adjustment to the common excavation quantity based on final quantities for associated earthwork items. The increased costs associated with this addition will be financed by the Major Street Fund. (ADD $5,404.00) • Change Order No. 10 waives liquidated damages for the completion of traffic signal painting at the Yankee Doodle Road intersection due to seasonal temperature constraints. There is no change in costs associated with this change order. • The Change Orders have been reviewed by the Engineering Division and found to be in order for favorable Council action. Agenda Information Memo July 1, 2008 Eagan City Council Meeting J. CONTRACT 08-01, HOLLAND LAKE LIFT STATION UPGRADE ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 08-01 (Holland Lake - Lift Station Upgrade) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Tuesday, July 22, 2008, at the Eagan City Hall, located at 3830 Pilot Knob Road, Eagan MN 55122. FACTS: • The replacement and upgrade of the existing storm sewer lift station located on the north side of Cliff Road (County State Aid Highway 32) and Holland Lake was included as part of the Council approved Project 905R, Lebanon Hills Regional Park/Long Acres - Storm Sewer Improvements. • The lift station upgrade included in Contract 08-01 will complete the storm sewer improvements constructed for the managed conveyance of storm water flows from southeast Eagan into and through, as well as for, Dakota County's Lebanon Hills Regional Park (LHRP) as part of Contract 07-06. • These improvements are in accordance with the revised Joint Powers Agreement between the City of Eagan and Dakota County approved by the City Council for Lebanon Hills Regional Park Storm Water Management and Project 905R on October 2, 2007. • All of the construction activity for said improvements has been designed to occur within existing public right-of-way or easements. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. • An advertisement will be published in the legal newspaper informing contractors of the bid. ATTACHMENTS: • Location Map, page . 35 ul - - ~ I I I i i it I V~c-aMJ•nhMS CmY^9'C'. OGi5 G6 NJS Holland Lake Lift Station City of Eapn City Contract 08-01 City Project 905 R Agenda Information Memo July 1, 2008 Eagan City Council Meeting K. T-MOBILE LEASE AMENDMENTS - RESERVOIR TELECOMMUNICATIONS ACTION TO BE CONSIDERED: Approve the first amendment to the T-Mobile lease agreements for telecommunications equipment on City reservoirs and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Numerous cellular telecommunications companies lease space on City reservoirs and surrounding property for the installation of antennae and related ground support equipment. • T-Mobile has such installations on the Deerwood, Sperry, Diffley, Yankee Doodle and Safari water reservoirs. They would like to amend their original lease to provide for various technical equipment upgrades (i.e. change out of antennae panels, coaxial cables, etc). • The proposed amendments were prepared by the City Attorney's office, reviewed by the Public Works Department and found to be in order for formal consideration of approval by the City Council. Agenda Information Memo July 1, 2008 Eagan City Council Meeting L. SOUTH WATER TREATMENT PLANT - FACILITY EVALUATION STUDY ACTION TO BE CONSIDERED: Authorize a Facility Evaluation Study of the South Water Treatment Plant by Bolton & Menk, Inc. FACTS: • The South Water Treatment Facility is located at the corner of Pilot Knob Rd and Cliff Rd. and provides the City's potable water supply for the High and Intermediate pressure zones. This facility was constructed and placed into service 17 years ago in 1991. • The original North Water Treatment Facility located on Coachman Rd south of Yankee Doodle Rd was expanded, upgraded and placed back into service in April of 2005 with state of the art technology for the efficient and secure treatment of the City's drinking water supply. • These two water treatment facilities and their operational controls are interconnected to provide redundant service for the community's water supply. Due to the age of the processing equipment and operating controls at the South Treatment Facility, it would be beneficial to do an analysis of the existing equipment and controls to determine what, if any, upgrades are necessary to insure continued efficient water production as well as compatibility with the recently upgraded North Plant so that a planned replacement schedule can be programmed in future Capital Improvement Plans to insure an uninterrupted supply of safe potable water for the City. • Bolton & Menk Inc is one of the approved City-pool Consultants providing technical engineering services to the City. Their proposal of $30,000 to perform this evaluation Study in accordance with a defined Scope of Work has been reviewed by the Public Works Department and found to be in order for Council consideration of authorization to proceed under the terms of their existing continuing contract with the City. Agenda Information Memo July 1, 2008 Eagan City Council Meeting M. RADIO COMMUNICATION SYSTEM EVALUATION ACTION TO BE CONSIDERED: Authorize a Radio System Evaluation Study by SEH Inc. FACTS: • With the recent establishment of the Dakota Communications Center (DCC), emergency dispatching services for all cities in Dakota County have been consolidated into and transferred over to this joint powers agency. All related emergency services radio communications have similarly been transferred over to a metro-wide 800 MHz frequency. • While there is an opportunity for the non-emergency radio users of the City to similarly incorporate the 800 MHz frequency, it is an expensive venture and the same level of inter-agency communications is not as critical. The City's emergency services (Police and Fire) used to share the UHF frequency with other non-emergency departments (Public Works, Parks, Engineering, Building Inspections, etc). Now that they have departed from that frequency, it would be appropriate for the City to assess the residual UHF two-way radio communication system and prepare a plan to either upgrade it or replace it to meet the long term needs of the non-emergency users. This Evaluation Study will be beneficial to assist in a planned upgrade or replacement schedule for programming in future Capital Improvement Plans or Budgets. • SEH Inc is one of the approved City-pool Consultants providing technical engineering services to the City. Their proposal of $23,600 to perform this Evaluation Study (Phase I) in accordance with a defined Scope of Work has been reviewed by the Public Works Department and found to be in order for Council consideration of authorization to proceed under the terms of their existing continuing contract with the City. Agenda Information Memo July 1, 2008, Eagan City Council Meeting N. Approval of Contract between the City of Eagan and Financial Crimes Services (FCS) ACTION TO BE CONSIDERED: Approve a contact that would allow FCS to investigate minor check crimes and/or collect restitution from persons who write bad checks to city merchants. FACTS: • The police department has been investigating ways to help merchants recoup losses when they are the victim of "bad check" cases. • FCS is an alternative to police investigations. • FCS provides investigative services and restitution remedies. • There is no cost to the city. • The police department has hosted meetings in cooperation with the Dakota County Regional Chamber of Commerce. • The Chamber of Commerce is supporting this initiative. • Surrounding cities in Dakota County are using this service. ATTACHMENTS: A copy of the contract with FCS on page A copy of a letter of support from Ruthe Batulis, President of the Dakota County Regional Chamber of Commerce on page ~zy A copy of a memo f;Qm Chief McDonald to City Administrator Hedges outlining this service on page ~i WORTHLESS CHECK PROGRAM AGREEMENT FOR THE CITY OF EAGAN, MN 1. Contractual Agreement - This Agreement is made and entered into this day of , 2008, by and between the City of Eagan, State of Minnesota, and Financial Crimes Services ("FCS" hereafter), of 406 Main Street Suite 200, Red Wing, Minnesota 55066-2398. 2. Purpose - The purpose of this Agreement shall be to implement a Worthless Check Diversion Program (Minnesota Statute, §628.69) for the City of Eagan, Minnesota. This program provides an alternative to criminal prosecution of individuals who issue worthless check(s) to merchants and businesses. The program will assist the Eagan Police Department and other law enforcement agencies in obtaining records to assist in the investigation and prosecution of individuals issuing worthless checks. This program will provide that the victim is paid full restitution from the offender who has issued the worthless check along with financial training for the first-time offender. First-time offenders who participate in this program will be diverted (also known as Pre-Trial Diversion Program) from prosecution. FCS will assist the City Attorney and Victims in obtaining full restitution for victims of non-sufficient funds (NSF) checks and account closed (AC) checks. FCS is responsible for managing pertinent case files and conducting financial education classes for first time offenders. 3. Contract Terms - This Agreement shall be in force for a period of three (3) years, beginning upon the date of city approval. Termination provisions of this Agreement are provided in sections 9 and 11. 4. Derinitions: Victim - the business or person who is the payee or holder of a dishonored check for goods or services and suffered financial losses. Offender - is the person who is charged with or for whom probable cause exists to arrest for a violation of Minn. Stat. Section 609.535, but the person has not yet entered a plea in the court proceedings. Restitution Recovery - Dollar recovery of face value (or written amount) of a dishonored check(s), as well as administrative fees, civil penalties, bank fees as appropriate. ja' Financial Education Class Fees - The fees associated with the training classes the offender attends as part of their restitution Agreement. up to $ 150.00 5. City Support - The following is needed for the implementation of the program: A. City Attorney and Police designees will assist FCS in organizing and implementing the restitution program with courts and law enforcement personnel. The designee will also provide guidance in publicizing the program to the business community. B. City Attorney and Police designees will conduct as needed meetings with key FCS staff to offer procedural guidance, evaluate program performance, and provide support and direction. C. City Attorney and Police Department shall implement departmental policies that are consistent with the fulfillment of the terms of this Agreement. 6. Performance Agreement - FCS agrees to provide the following professional services to the City of Eagan in a timely and efficient manner. FCS will provide the following level of administrative services and offender education classes: A. Perform daily operations and management of all clerical and accounting functions related to offenders of NSF checks to be included in the Eagan Worthless Check Program. B. Generation of demand notices to worthless check writers, and follow through with respect to the collection and disbursement of victim restitution, administrative fees, and FCS education training class fees. C. Provide necessary correspondence and follow-up telephone inquiries to victims and offenders. D. Properly maintain all physical files, financial records, documentation, reports, computer files, etc. for a period of no more than six (6) years. E. Provide voluntary (unless mandated by state statutes) worthless check offender financial management education classes. F. Conduct classes designed to teach and provide meaningful information and lessons to offenders on criminal consequences of Property Crimes, as well as focus on personal management. G. Scheduling of all classes. The training will require 4 hours of class time. Sessions will be held in the City of Eagan and/or surrounding cities. These training sessions may be jointly held with other metro communities. Class size to not exceed 45 attendees. H. Maintain records of offenders making restitution, payment of fees, attendance records of offenders completing as well as failing to attend the training session. 1. Maintain records of payment to the victims and City of Eagan fees on a monthly basis. 2 j J. Provide reports to the City of Eagan; annual, quarterly, monthly financial revenues, completed offender classes, and related reports as required by the City and law enforcement. K. Offenders who refuse to enroll into the program or fail to complete the program will be reported to the City of Eagan for prosecution. 7. Program Operational Fees/Revenue: A. Victim - The victim will be reimbursed any money recovered from the offender as authorized by Minnesota Statutes, Section 629.69 and 604.113. B. Check Diversion will be governed by 1. Minnesota Statutes, section 604.113 subdivision 2, paragraph (a) allows for the collection of a service charge on dishonored checks with a not to exceed value of $30.00. 2. Minnesota Statute 609.535 3. A fee of $20.00 will be assessed to an offender who fails to appear at education class and has to re-schedule for the class. This fee will be assessed each time the offender has to re-schedule. This may occur up to three (3) times before referring the offender to the Police as failing to appear. The offender may re-schedule attendance at the education class on only three occasions and upon the fourth occurrence, FCS shall notify the city and refer the offender for discharge from the program for failure to successfully complete the program 8. Non-Compete - During the term of this agreement the City shall not establish a competing worthless check diversion program. 9. Agreement Date - This Agreement shall remain in effect from , 2008, to , 2011. This agreement shall automatically renew for successive one-year terms unless cancelled in writing upon 30 days notice. 10. City has no financial liability - It is understood and agreed by and between the parties that FCS and/or any subcontractor will bear all financial liability for all aspects of its operations under this Agreement. 11. Termination of this agreement: A. This Agreement may be terminated at any time by either party upon 30 days written notice to FCS or the authorized agent of the City. This Agreement may be terminated by FCS upon 30 days written notice to the authorized agent of the City if FCS determines that it cannot conduct or administer the Worthless Check program because program-related income does not equal program costs. B. This Agreement may be immediately terminated by the City at any time if the City determines that FCS, (pursuant to section 16 of this Agreement) is acting, 3 ~I or has acted at any time during the term of this Agreement, in violation of state or federal law. 12. Amendments or Material Modifications - All amendments or modifications to this Agreement must be in writing and approved by both parties. 13. No City Oblization to Merchants - FCS and victims who participate in this program fully understand that the Worthless Check Program is providing a public service and the City of Eagan is held harmless and has no liability to make recovery of any check(s) or obligated to take criminal action against offender(s). 14. Criminal Action - The City Attorney's Office for the City of Eagan may choose to prosecute offender(s) at its sole discretion when the offender fails to participate or complete Agreements with FCS and victim(s). 15. Hold Harmless and Indemnification: A. FCS shall save and protect, hold harmless, indemnify and defend the City, its officers and employees against any and all claims, causes of action, suits, liabilities, losses, charges, damages or costs and expenses arising from or allegedly arising from, or resulting directly or indirectly from any professional errors and omissions and/or negligent or willful acts or omissions of FCS and its employees and agents, in the performance of this Agreement. B. The City shall save and protect, hold harmless, indemnify and defend FCS its officers and employees against any and all claims, causes of action, suits, liabilities, losses, charges, damages or costs and expenses arising from or resulting directly or indirectly from any professional errors and omissions and/or negligent or willful acts or omissions of the City, its employees and agents, in the Performance of this Agreement. Nothing herein shall be deemed a waiver by the City of the limitations on liability set forth in Minnesota Statutes, Chapter 466; and the City will not be required to indemnify FCS for any amounts in excess of the limits of liability in Minnesota Statutes, Section 466.04, less any amounts the City is required to pay on behalf of itself, its officers, agents and employees for claims arising out of the same occurrence. 16. Independent Contractor: A. Nothing contained in this Agreement is intended to or shall be construed in any manner as creating or establishing the relationship of employer/employee between the parties. FCS shall at all times remain as independent contractor with respect to the services to be provided under this Agreement. B. The City shall be exempt from payment of all unemployment insurance, FICA, retirement, life and medical insurance and workers' compensation insurance for any and all of FCS employees and agents. Payment of insurance premiums, tax withholding, and all other benefits are strictly FCS responsibility. 4 7 17. Subcontractor - If approved FCS shall neither subcontract any portion of the work to be performed under this Agreement nor assign this Agreement without the prior written approval of the authorized agent of the City. If approved, FCS shall ensure and require that the subcontractor agrees to and complies with all of the terms of this Agreement. Any subcontractor of FCS used to perform any portion of this Agreement shall report to and bill FCS directly. FCS shall be solely responsible for the breach, performance, or nonperformance of any subcontractor. 18. Data Practice - FCS agrees to comply with the Minnesota Government Data Practices Act and all other applicable state and federal laws relating to data privacy or confidentially. FCS will immediately report to the department head signing this agreement any request from a third party for information relating to this agreement. The City agrees to promptly respond to inquiries from FCS concerning data request. FCS agrees to hold the City, its officers, department head and employees harmless from any claims resulting from the Contractor's unlawful disclosure or use of data protected under state and federal laws. 19. Compliance with the Law - FCS agrees to abide by the requirements and regulations of The American with Disabilities Act of 1990 (ADA), the Minnesota Human Rights Act (Minn. Stat. C.363), and Title VII of the Civil Rights Act of 1964. These laws deal with discrimination based on race, gender, disabilities, religion, and with sexual harassment. The city agrees to promptly supply all necessary clarifications. Violation of any of the above can lead to the termination of this Agreement. 20. Entire Agreement - This entire Agreement supersedes any and all other Agreements, either oral or written, between the parties hereto with respect to the subject matter hereof, and contains all of the Agreements between the parties with respect to said matter. Each party to this Agreement acknowledges that no representations, inducements, promises, or Agreements, oral or otherwise, have been made by either party which are not embodied herein, and that no other Agreements, statements, or promises not contained within this Agreement shall be valid or binding. The laws of Minnesota and the United States of America shall govern all provisions within this Agreement. 21. Audits and Inspections - The City Attorney's office or designated representative or other governmental agency exercising regulatory function over the City's business activities, while exercising reasonable, non-disruptive procedures, may inspect FCS records at anytime. 5 22. Notice - Any notice to be given hereafter by either party to the other, shall be in writing and may be affected by personal delivery, or by registered mail, return receipt requested, addressed to the proper party, at the following addresses: City of Eagan Financial Crimes Services 406 Main Street Suite 200 Eagan, MN Red Wing, MN 55066-2398 Att: Att: Scott Adkisson 23. Insurance - FCS agrees to provide and maintain, at its own cost and at all times during its performance under this contract until completion of the work, such liability insurance coverage as is set forth below, and to otherwise comply with the provision that follow: A. Workers Compensation: Workers Compensation insurance in compliance with all applicable statutes. B. Auto Insurance - Owned and unowned. C. General Liability: "Commercial General Liability Insurance" (Insurance Service Office policy form title), or equivalent policy form, providing coverage on an "occurrence", rather than on a claims made basis, the policy for which shall include, but not limited to, coverage for bodily injury, property damage, personal injury, contractual liability (applying to this contract), Independent Contractors, and Products-Completed Operations Liability. Coverage for explosions, collapse and underground Hazards shall not be included. Such a policy shall name the city as an additional insured thereunder, and shall apply on a primary basis with respect to any similar insurance maintained by the City, which other insurance of the City, if any, shall apply excess of FCS insurance and not contributed therewith. FCS agrees to maintain Products- Complete Operations coverage on a continuing basis for period of at least two years after date of completion Such Commercial General Liability insurance policy shall provide a combined single limit in an amount that is, at all times, at least equal to the limits of City liability under Minnesota Statutes, Section 466.04 applicable to any number of claims arising out of the same occurrence, applying to liability for bodily injury and property damage, and a combined single limit of at least the same amount applying to liability for Personal injury and Advertising injury. Such minimum limits may be satisfied by the limit afforded under Firm's Commercial General Liability Insurance Policy, or by such Policy in combination with limits afforded by a Umbrella or Excess Liability Policy (or policies); provided, that the coverage afforded under any such Umbrella or Excess Policy is at least in all material respects as broad as that afforded by the underlying Commercial Liability Policy, and further that the City is included as an additional Insured thereunder. Such Commercial General Liability Policy and Umbrella or Excess Liability Policy (or policies) may provide aggregate limits for some or all of the coverage 6 afforded thereunder, so long as such aggregated limits are not at any time during which such coverage is required to be maintained hereunder reduced to less than the required Each Occurrence limited stated above, and further, that the Umbrella or Excess Liability provides from the point that such aggregate limits in the underlying Commercial General Liability Policy become reduced or exhausted. An Umbrella or Excess Liability Policy which "drops down" to respond immediately over reduced underlying limits, or in place of exhausted underlying limits, but subject to a deductible or "retention" amount, shall be acceptable in this regard so long as such deductible or retention amount does not cause the firm total deductibles or retention for Each Occurrence to exceed $10,000. D. Professional Liability: Professional or ("Error & Omissions") Liability Insurance in an amount that is, at all times, at least equal to the limits of City liability under Minnesota Statutes, Section 466.04 applicable to any number of claims arising out of the same occurrence (or "Wrongful Act" or equivalent) and if applicable, Aggregate, covering FCS Liability for negligent acts, errors, or omissions in the performance of professional services in connection with this Agreement. FCS Professional Liability Insurance may afford coverage on an occurrence basis or on a claims basis. It is however, acknowledged and agreed by the FCS that under claims-made coverage changes in insurers or in insurance policy forms could result in the impairment of the liability insurance protection intended for the City hereunder. FCS therefore agrees that it will not seek or voluntarily accept any such change in its Professional Liability Insurance coverage if such impairment of the protection for the City could result: and further, that it will exercise it's right under any Extended Reporting Period" ("tail coverage") or similar claims-made policy option if necessary or appropriate to avoiding impairment of such protection. FCS further agrees that it will, throughout the entire period of 3 years keep required coverage and for an additional period of two (2) years following completion of this agreement, immediately: (a) advise the City of any intended or pending change in Professional Liability inures or in policy forms, and provided the City with all pertinent information that the City may reasonably request to determine compliance with this paragraph; and (b) advise the City of any claims or threat of claims that might reasonably be expected to reduce the amount of such insurance remain available for the protection of the City. 24. FCS shall submit to the city a Certificate of Insurance in accordance with the provisions and the agreement shall not be in effect until the City receives the required Certificate of Insurance 7 THEREFORE: IN WITNESS OF, the parties have executed the Agreement as of the data first written above. Financial Crimes Services City of Eagan By BY (Scott Adkisson - President) (Mayor) Attested (City Clerk) s ~5 ~~E UF~► MEMORANDUM EAGAN POLICE DEPARTMENT 3830 Pilot Knob Road Eagan, MN 55122 651-675-5700 651-675-5707 FAX DATE: May 29, 2008 TO: Thomas L. Hedges, Eagan City Administrator FROM: James S. McDonald, Chief of Police SUBJECT: Alternative to "Bad Check" Investigations Introduction As a manager, you have always challenged city departments to look for more efficient methods to better serve Eagan Citizens. The purpose of this memo is to inform you of a private service that investigates dishonored check cases and seeks restitution for city businesses who suffer losses resulting from a customer issuing a "bad check." To date, the police department has been researching the possibility of utilizing this service. Financial Crimes Services Financial Crimes Services (FCS) is a privately run organization operating in Minnesota and Wisconsin. It was founded to investigate bad check cases for businesses who suffer losses because a customer passed a check that "bounced." Typically, bounced checks are the result of non sufficient funds (NSF) in an account or the checking account has been closed. FCS employees are former police officers who investigate these types of offenses and would ultimately prepare cases for prosecution. FCS also seeks restitution and is successful getting reimbursement for victims in 37 percent of the cases that are submitted to them. Without FCS, if merchants wanted to seek their loss from an offender, they would have the option of contracting with a collection agency. Information the police department obtained indicates FCS has a recovery rate four times greater than the average collection agency. Costs The service is at no cost to the city or the merchant(s) participating in the program. Instead, FCS obtains money from the offender(s) that are identified. Page 2) Potential Benefits to the City of Eagan The most obvious benefit to our organization is the amount of staff time that would be saved if FCS was employed by the city. In a recent analysis of our records, we found very few of NSF or Account Closed cases that are reported are referred for prosecution. As you can imagine, if these cases were referred to FCS, Eagan Police Officers would be more readily available to respond to emergencies, investigate more serious crimes, and patrol the city. What are the Merchants Saving? When researching the feasibility of implementing this program, we worked with the chamber of commerce. Together we held a forum with city businesses in an effort to introduce this initiative to the business community. All of the comments received by police staff have been positive and many business owners are looking forward to the implementation of this program. Attached, you will find a letter drafted by Ruthie Batulis, President of the Dakota County Regional Chamber of Commerce, supporting this endeavor. Next Steps Before any of our merchants can participate in the program, the city must sign a contract with FCS. Consequently, we will be forwarding a contract to the city attorney for their review. It should be noted, many of our neighboring communities are utilizing this system and have already had their agreements analyzed by legal advisors. There have been no major obstacles. Conclusion I am hopeful this initiative can be implemented in the very near future. In my estimation, our merchants would be better served while police staff could be available to focus their attentions to more critical issues. Again, this memo is for informational purposes. Please distribute it as you see fit and refer any questions and/or concerns to me. Thank you. Attachment: Correspondence from the Dakota County Regional Chamber of Commerce dakota county C H A M B F R O F C O M M F R C E June 25, 2008 Lieutenant Greg Johnson Eagan Police Department 3830 Pilot Knob Road Eagan, MN 55122 Dear Greg: Thank you for your collaboration on the presentation of Financial Crimes Services check diversion project that is being considered for retail businesses in the city of Eagan. We first worked with the company about 4 years ago as they implemented the services in the City of Farmington and have been very impressed with their track record of restitution. We strongly support the implementation of this program in the City of Eagan, our businesses are very supportive and it just makes good sense to have this product available to them. Sincerely, Ruthe Batulis President Dakota County Regional Chamber of Commerce Agenda Information Memo July 1, 2008, Eagan City Council Meeting 0. EXTENSION FOR RECORDING FINAL PLAT - (BLUE GENTIAN CORPORATE CENTER) ACTION TO BE CONSIDERED: To approve a 90-day extension of time to record the final plat for Blue Gentian Corporate Center, located north and south of Blue Gentian Circle, in the NW '/4 of Section 2. REQUIRED VOTE FOR APPROVAL: Majority of Council members present FACTS: ➢ The City Council approved the final plat on February 4, 2008. ➢ The applicant indicates that the plat work is underway, but a final review by MNDOT of their adjacent parcels and the road right-of-way is likely to extend the plat filing date beyond the initial 60-day period. ➢ The applicant was approved for a 60-day extension on May 6, 2008 City Council meeting. ➢ The requested 90-day extension would allow until October 3, 2008, for the plat to be recorded. ATTACHMENTS (2): Location Map, page .5 G Letter from McGough dated June 25, 2008, page ~G Eagan Boundary fM. ~y Right-of-way Lo cat s o ■ Map O Parcel Area Park Area Building Footprint L 099~c Elm 77T 5 MEND TA HEIGHTS EAGAN eem.M x Subject Site ° r 6 ~YMQ a ~ O Y ~'y. ~ ~ e Ir ~ Q ~ 1 a ~ 4 o. f r Q 44 QgN 4 for p Wlqq .0 r 4~ Z C ® o L oq o[ CAJLN. WAS ILON[ OAK RD.) 1000 0 1000 2000 Feel Development/Developer. Blue Gentian Corporate Center N Cit of Ea n 1~ C M 11 THIS MAP 13 INTENDED FOR REFERENCE USE ONLY W E S JJ 666 The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are + Community navelopment eepenment not responsible for errors or omissions. McGouSh Five Generations Building Confidence June 25, 2008 Ms. Julie Strid Planning Aide City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55112 Re: Plat Filing Extension for Blue Gentian Corporate Center Dear Ms. Strid, Per our conversation yesterday, McGough Development is respectfully requesting another extension of the final plat filing deadline for the Blue Gentian Corporate Center. The plat work is complete, but a final review by MNDOT and Dakota County continues very slowly and appears likely to go past the original extension deadline in early July, 2008. We would like to request an additional 90 day extension, from early July, 2008 to early September, 2008, to ensure that we have adequate time to complete the review and revision process with MNDOT and Dakota County. Our understanding is that the filing extension request will be placed on the City Council's agenda as a consent item at their July 1, 2008 meeting. Enclosed is a check for $75.00 made out to the City of Eagan for the filing extension fee. We appreciate your help in this matter, Sincerely, ~-2= ~ i - P > . Bartlett J. Baker, Jr. Executive Vice President McGough Development BJB/kam Cc: Pam Dudziak, Planner, City of Eagan Gary Germond, Civil Engineer, Sathre Bergquist Greg Miller Bart Zibrowski ST. PAUL 2737 Fairview Ave. N. St. Paul, MN 55113 t 651.633.5050 f 651.633.5673 ROCHESTER 3555 Ninth St. NW, Suite 100 Rochester, MN 55901 t 507.536.4870 f 507.536.4867 PHOENIX 4720 E. Cotton Gin Loop, Suite 100 Phoenix, AZ 85040 t 602.522.9897 f 602.522.1842 AZ Lic. No. ROC208540 Agenda Information Memo July 1, 2008, Eagan City Council P. EXTENSION OF PRELIMINARY SUBDIVISION APPROVAL (SUMAC RIDGE) ACTION TO BE CONSIDERED: To approve a one-year extension of the Preliminary Subdivision approval for Sumac Ridge, consisting of 6 single-family lots on approximately 3.0 acre located at 4395 Dodd Road the NW 1/4 of Section 25. FACTS: ➢ The City Council approved the Preliminary Subdivision on July 17, 2007. ➢ The applicant is requesting a one-year extension at this time. (Please see attached letter for explanation) ATTACHMENTS (2): Location Map, page Letter from Patrick Julik , page Eagan Boundary N Parce A Area Location Map ~ParkArea - Building Footprint ■ Y • r + • • • • ♦ + +f tic All • s! + \ + ■ ± ~ • a r•• ~ w +~...a ~ 'r♦ + r cur $ ` _ Oil ■ ~ I ~s + , . t g■ s \ go D L r e.a.ax eso. ao (wrriE+~ aon r • ♦ w ■ + 1 R a • °x"44 ~ a \ ■ • . ■ ■ •i ■ a a r S ~ ; . ■ ■ ~ + ~ r . ■ •r\ . ■ Subject Site rL7~ 10 are ~ o Is z Lk w 7 + 4 JC s a 16 ■ v • a ~ 1 ~ a • r r a ~.r■■ ■ ~a ~;y. rE ♦ r ' + w.... IF 'M.,.e. + s Q 1000 0 1000 2000 Feet Development/Developer. 4395 Dodd Road Application: Preliminary Subdivision Case II 25-PS-08-05-07 r Map Prepared using ERSI ArcView 5.1. Parcel base map data provided N by Dakota County Office of GIS and Is current as of April 2005. City of Eap THIS MAP IS INTENDED FOR REFERENCE USE ONLY W B The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S L Community Development Department not responsible for errors or omissions. Patrick Julik Cascade Partners, LP 3120 South Loop Road Burnsville, Minnesota 55306 June 25, 2008 Dept. of Community Development City Of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 RE: Request Extension of Preliminary Subdivision Approval for Sumac Ridge Dear Council and Staff, This letter is a request to extend the Preliminary Plat Approval for Sumac Ridge, formerly 4395 Dodd Road. We are requesting the extension for two reasons; 1) based on the existing lot inventory and lot absorption rate in the Eagan area, we believe that it is prudent to delay the development of Sumac Ridge far one construction season to allow market conditions to stabilize and improve, and 11) we have been unable to resolve an issue between our lender and the City Attorney regarding the "Claims" clause in the Developer's Agreement. We believe that the market conditions will improve in Spring '09 and will have funds available to work around the disputed clause in the Developer's Agreement. As such, we are requesting a one-year extension of the Preliminary Plat approval. We have filed for Final Plat approval and will satisfy the remaining requirements for Final Plat Approval by Spring '09. Although we can resolve the problem with the Developer's Agreement by posting cash collateral for the Financial Guaranty, we suggest that the City review the disputed clause in the City's Developer's Agreement. The clause authorizes the City, at the City's sole discretion, to step in between any payment disputes between the Developer and his subcontractors. This leaves the Developer and/or his lender at a severe economic disadvantage. I respectfully thank Council for considering the Preliminary Plat extension and for considering a review of the Developer Agreement clause. Sincerely, Patrick J. Julik Cascade Partners, LP Agenda Memo July 1, 2008 Regular City Council Meeting CONSENT AGENDA: Q. Massage Therapy Establishment License Renewals for 2008-2009 ACTION TO BE CONSIDERED: Approve renewals of the following Massage Therapy Establishment Licenses- • Coles Salon, 2131 Cliff Road • New Star Massage, 3906 Cedar Grove Pakway • Rejuv Skin & Laser Clinic, 1625 Lena Court 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. ATTACHMENTS: None. The applications are available for review in the Administration Department. Agenda Memo July 1, 2008 Regular City Council Meeting CONSENT AGENDA: R. Amusement Device License for Mendota Valley Amusement ACTION TO BE CONSIDERED: Approve Amusement Device License for Mendota Valley Amusement: FACTS: • Mendota Valley Amusement, 9177 E. Courthouse Boulevard Court, Inver Grove Heights, has applied for a license to operate amusement devices at Buffalo Wildwings, 1280 Promenade Place. • All requirements of the application have been met and fees have been paid. • Staff is recommending approval of the license. ATTACHMENTS: None. The application is available for review in the Administration Department. L~ Agenda Information Memo July 1, 2008 Eagan City Council V. PUBLIC HEARINGS A. VARIANCES - CITY OF EAGAN ACTION TO BE CONSIDERED: To approve (or direct preparation of findings for denial) parking setback Variances for three properties along at 3660 Dodd Road, 3680 Dodd Road and 1362 High Site Drive. 3660 Dodd Road 10-foot parking setback variance 3680 Dodd Road 4 to 10-foot parking setback variance 1362 High Site Drive 1 to 20-foot parking setback variance REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City's zoning ordinance requires a minimum parking and pavement setback of 20 feet from a public right-of-way. ➢ The Variances are based on the existing developed conditions of the three properties and the additional right-of-way and trail easements acquired for the expansion and upgrade of TH 149 and construction of the Northwood Parkway between High Site Drive and I-35E. ➢ Each of the Variances is prompted by a public action, the acquisition of additional right- of-way. ➢ Staff believes that it would be appropriate for the City to acknowledge the impact of the public improvement projects on private property parking setbacks and to take action so that the resulting setbacks are not considered non-conforming. ISSUES: ➢ Exhibits detailing the specific properties and variances will be provided prior to the Council meeting. 60-DAY AGENCY ACTION DEADLINE: August 16, 2008 ATTACHMENTS (#2): Location Maps, pages 1L tlffo~ Staff Report, pages through 7~ Eagan Boundary Right-of-way a Area o Park Location Map Park Are Area tr-y Building Footprint a G.A.R. NO." ILOW DAR 00AD) D.nl nO.s E I e 1 PC), ,F 1 1 r so o~ alr-t ♦ ■P 1 ♦ 'Ell . xD L • re 4 _ P M a ~.rl IM ■ p 19 t r4 ~ 1 1 ® ~ III. ~ . Subject Site ® r coDlm ROAD Ro.s. (TAN DOODLE ROAD) IM5;i 1000 0 1000 2000 Feet Development/Developer. City of Eagan (1364 High Site Dr) Application: Variance Case No.: 00-VA-09-06-08 f N + ty of W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY 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. PLANNING REPORT CITY OF EAGAN REPORT DATE: June 27, 2008 CASE: 00-VA-09-06-08 APPLICANT: City of Eagan HEARING DATE: July 1, 2008 PROPERTY OWNER: Various PREPARED BY: Russ Matthys REQUEST: Variance LOCATION: 3660 and 3680 Dodd Road 1362 High Site Drive COMPREHENSIVE PLAN: IND, Limited Industrial SA, Special Area ZONING: I-1, Limited Industrial R-4, Residential Multiple SUMMARY OF REOUEST The City of Eagan is requesting parking setback Variances for two properties along Trunk Highway (TH) 149 between Opperman Drive and Wescott Road, as well as one property along Northwood Parkway (under construction) between High Site Drive and Interstate 35-E. 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. Planning Report - Lexington Avenue June 19, 2001 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. CODE REQUIREMENTS The City's zoning ordinance requires parking areas to be set back a minimum of 20 feet from a public right-of-way. BACKGROUND/HISTORY Since 1998, the Capital Improvement Program (CIP) for the City of Eagan included the four-lane divided upgrade of TH 149 from TH 55 to Albano Trail in Inver Grove Heights. In 2003, the Eagan City Council chose to become the lead agency for the project to enable it to be scheduled for the 2007 construction season. As a result, the City of Eagan proceeded with the acquisition of necessary right-of-way and easements to allow construction to be completed in 2007. Since 1999, the Capital Improvement Program (CIP) for the City of Eagan included the new construction of the two-lane Northwood Parkway extension over Interstate 35E from High Site Drive to Denmark Avenue in 2001. This improvement is one of the last two segments of the Ring Road, as designated in 1994 as a needed by-pass of the Pilot Knob Road and Yankee Doodle Road intersection. In 2001, the Eagan City Council proceeded with the acquisition of necessary right-of-way and in 2006 chose to prepare the plans and specifications for the project to enable it to be ready for construction. As a result, the City of Eagan has scheduled construction to be completed in 2008. EXISTING CONDITIONS Three properties have been identified as having non-conforming parking setbacks as a result of the expansion and upgrade of TH 149 and Northwood Parkway. All of the properties for which the Variances are sought are currently developed. The proposed Variances are based on the existing developed conditions of the various properties and the additional right-of-way or easement acquired for the expansion and upgrade of TH 149 and Northwood Parkway, which are either completed or under construction this summer. EVALUATION OF REQUEST The three properties will have parking setbacks less than 20 feet. Exhibits detailing the specific Variances will be provided prior to the Council meeting. Planning Report - Lexington Avenue June 19, 2001 Page 3 APPLICANT'S ESTIMATE OF HARDSHIP Each of the Variances is prompted by a public action, the acquisition of additional right-of-way or easement along TH 149 or Northwood Parkway. Without the Variances, these properties would have non-conforming setbacks as a result of the TH 149 or Northwood Parkway expansion and upgrade. SUMMARY/CONCLUSION The City of Eagan is requesting parking setback Variances for two properties along TH 149 between Opperman Drive and Wescott Road and one property along Northwood Parkway between High Site Drive and Interstate 35-E. These Variances are necessary to accommodate reduced setbacks along TH 149 or Northwood Parkway resulting from the public's acquisition of additional right-of-way or easement to expand and upgrade TH 149 or Northwood Parkway. Three properties are affected and require parking setback variances, two along TH 149 and one along Northwood Parkway. Staff believes that it would be appropriate for the City to acknowledge the impact of these public improvement projects on private property parking setbacks along TH 149 or Northwood Parkway and to take action so that the resulting setbacks are not considered non-conforming. ACTION TO BE CONSIDERED To approve the following Variances to setbacks along TH 149 between Opperman Drive and Wescott Road and Northwood Parkway between High Site Drive and Interstate 35-E: 3660 Dodd Road 10-foot parking setback variance 3680 Dodd Road 4 to 10-foot parking setback variance 1362 High Site Drive 1 to 20-foot parking setback variance 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. Agenda Information Memo July 1, 2008, Eagan City Council Meeting B. VARIANCE - SHAWN CHERLAND (4615 BEACON HILL COURT) ACTION TO BE CONSIDERED: To approve (or direct preparation of findings for denial) a Variance of 20 feet to the required 30- foot front yard setback to construct a shed at 4615 Beacon Hill Court, legally described as Lot 8, Block 1, Beacon Hills in the NW 1/4 of Section 33, subject to the conditions in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The property is located on the southwest corner of Beacon Hill Road and Beacon Hill Ct. ➢ The property contains an existing single-family home with an attached two-stall garage which was constructed in 1979. ➢ As a corner lot, the property has two street frontages. The minimum required 30-foot structure setback applies to both street frontages. ➢ The applicant proposes to complete construction of a 10' x 12' shed in the southeast corner of the yard. ➢ The applicant's narrative and plans indicate that it will be designed and constructed in a manner that is consistent with other City Code standards. ➢ The roof of the shed will be modified from the original plan to match the pitch of the roof on the house. Side walls of the shed will not exceed 10 feet in height. A planned deck/landing on the front of the shed will be detached and constructed as a separate free- standing structure adjacent to the shed. ➢ Lot coverage and other yard setback requirements are satisfied. ➢ The applicant's stated hardship is the presence of trees, shrubs, gardens and watershed issues which restrict placement of the shed within the 30' setback line. ➢ The fact that the property is a corner lot is not unique to this property, but the larger setbacks associated with the two street frontages do place limitations on the buildable area of corner lots. ➢ Apart from the deviation from the setback requirement, it does not appear that granting the Variance would result in detrimental effects to neighboring properties or the public. ISSUES: None 60 DAY AGENCY ACTION DEADLINE: August 2, 2008 ATTACHMENTS (2): Location Map, page Planning Report on pages through Eagan Boundary Right-of-way Location Map Parcel Area Park Area Building Footprint ~ r ~ ~ ~ ~-i~l 118 ~•~~''e ~ , 1 ~ + + $ 118.81 ~',,r°` * . a w t P + s + J q no* ff RP One aaepd d IL • 1 1 ®De cs Cos M d ® / ® I 4 ® Subject Site ~ 1 e e e 0 alellwar No. u t GuPP no") CAA.a. no. a: (CUPP ROAD) ® ® 7 ! 4iaq O sail l Di m e ® IF ~ o® S ~ o y ® q ~ ~ ~ i ~ •dB ! •eag .p gye a m + 6t g ~ tIV ® ..e,..... A S 1 ~ C5 Q 10 13 Est IS ! Pw.y O '-5 f~ y.r, ~ ~ e 4 1 ~ g ® ,R ~ e T- A) ® covaotw ® I 94 P~ 44 4 Q t 0 p Q d ® ti ~ i h a s Q 0 ® i ~ a p ee 0 8 Q e C: - e j. r` DM ® ® q ca © 9 0 o k µ A ~ 4 ~ m® Q a t3 6 ~ m d cp C? v 0 ® Q t t <j s i 1000 0 1000 2000 Feet Development/Developer. 4615 Beacon Hill Court Application: Variance Case No.: 33-VA-08-06-08 j//~~ 3 N ~~p~ 1 ~j y of ij ntAllAll THIS MAP IS INTENDED FOR REFERENCE USE ONLY W~ E "G 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. PLANNING REPORT CITY OF EAGAN REPORT DATE: June 27, 2008 CASE: 33-VA-08-06-08 APPLICANT: Shawn Cherland HEARING DATE: July 1, 2008 PROPERTY OWNER: Craig Cherland APPLICATION DATE: June 3, 2008 REQUEST: Variance PREPARED BY: Pamela Dudziak LOCATION: 4615 Beacon Hill Court COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Variance of 20' to the required 30 foot structure setback from a public right-of-way for a shed for property located at 4615 Beacon Hill Court, legally described as Lot 8, Block 1, Beacon Hills in the NW '/4 of Section 33. 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. 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. Variance Report - 4615 Beacon Hill Ct. July 1, 2008 Page 2 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. CODE REQUIREMENTS Section 11.40 of the City Code pertains to accessory structures of detached single-family uses. While this property is zoned PD, Planned development, since it is designated for and contains a single-family dwelling, the single-family zoning standards apply. 11.40, Subd. 5, stipulates the following: 1. No accessory use of building shall be allowed within a required front yard setbacks. With the exception of an attached garage, no accessory building or structure may be placed within the front yard. 2. No building permit shall be issued for more than two detached accessory buildings for each single family dwelling. 3. All accessory buildings shall comply with the following setbacks: R-1 E Side and 5 feet 10 feet Front yard or public right-of-way 30 feet 30 feet Rear yard 5 feet 10 feet 4. When an attached accessory use is present on the site, the total floor area of all detached accessory structures shall no exceed 576 square feet. 5. When an attached accessory use is not present on the site, the total floor area of all detached accessory structures shall not exceed 800 square feet. 6. No accessory building or structure shall have side walls that exceed ten feet in height. 7. The roof of all detached accessory structures shall match the pitch and style of the principal structure. BACKGROUNDMISTORY The property is zoned PD and designated for single-family residential use. A single-family home was constructed on the property in 1979. The applicant began construction of the shed this spring. While a 120 s.f shed does not require a building permit, it is required to meet structure setbacks. A staff member in the field observed the structure in its initial phase of construction S- Variance Report - 4615 Beacon Hill Ct. July 1, 2008 Page 3 and a follow-up inspection revealed that the structure did not meet the required setback from the property line. The applicant was asked to stop work on the project and he has since taken down the framed sidewall§ and roof pending the City's consideration of the variance application. EXISTING CONDITIONS The property contains a single-family home with an attached two-stall garage. The site is located on the SW corner of Beacon Hill Road and Beacon Hill Court. Driveway access is from Beacon Hill Court. The lot is 12,148 s.f in area. It is a corner lot with street frontage on two sides - Beacon Hill Court to the north and Beacon Hill Road to the east. The minimum 30-foot structure setback applies to both of these frontages. The existing home and attached garage are set at the minimum 30-foot setback from both of these public streets. Standard drainage and utility easements exist along the perimeter of the lot -10' along the two public streets, 5' along the interior side and rear lot lines. EVALUATION OF REQUEST Proposal - The applicant is proposing to complete construction of a 10' x 12' shed at the southeast corner of the property. The site plan submitted by the applicant shows that the shed is proposed to be placed at a setback of approximately 10 from the property line abutting Beacon Hill Road. As it is currently situated, staff iv. measurements place the structure at 6' from the property line and encroaching 4' into the City's drainage and utility easement. x Thus, the applicant is requesting a Variance of 20 feet to the 30-foot minimum structure setback from a public right-of-way. Because of the discrepancy between the site plan and the staff measurements, n q it appears necessary for the structure to be moved n~ . 'ter;, to conform to the application. If the applicant believes that the structure in its current location is 10' from the property line, he should provide a current survey of the property verifying the location of property line, drainage and utility easement, and placement of the shed. If it is necessary to move the shed in any case, it would be appropriate under the City Code for it to be placed at a conforming location or at a location that minimizes the extent of the variance. Setbacks - The minimum rear yard setback of 5 feet is satisfied. Lot Coverage - Existing building coverage is 12.9%, and proposed building coverage is 13.9%. This complies with the 20% maximum for a single-family home. There are no other detached accessory structures on the property. Variance Report - 4615 Beacon Hill Ct. July 1, 2008 Page 4 Building Height/Architecture - The applicant's narrative and plans indicate that it will be. designed and constructed in a manner that is consistent with other City Code standards. The roof of the shed will be modified to match the pitch of the roof on the house. Side walls of the shed will not exceed 10 feet in height. A planned deck/landing on the front of the shed will be detached and constructed as a separate free-standing structure adjacent to the shed. Variance Criteria - The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a demonstrable hardship or difficulty. The Zoning Ordinance states that relief may be granted provided that there are special conditions that apply to the parcel in question. The lot is a corner lot with two street frontages, which imposes larger setbacks on two sides of the property, and constrains the buildable area of this lot. The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide Plan, but may be inconsistent with the intent of the Zoning Ordinance. That is, the purpose of the building setback provision is to prevent the overcrowding of properties and to provide green space. Since the request is to reduce the yard requirement, it appears to be contrary to the intent of the ordinance. A demonstrable difficulty is required to grant relief. A single family dwelling with attached garage is present on the site. The proposed shed appears to satisfy City Code requirements except for its placement relative to the setback from the east lot line, which abuts a public street. The stated hardship is the topography of the lot and presence of trees and gardens in the rear yard. The Council will want to determine the impact of these conditions and whether it would be feasible to place the shed at a more conforming location on the property. Other than the effect of the deviation from the setback itself, it does not appear that granting of the Variance would result in other detrimental effects to the neighboring properties or the public. There is a solid row of bushes along the property line which screen views of the rear yard from the street, and along the rear lot line. Also because of this, the shed does not appear to interfere with sight lines along the street. APPLICANT'S ESTIMATE OF HARDSHIP The applicant's stated hardship is the presence of trees, shrubs, gardens and watershed issues which restrict placement of the shed within the 30' setback line. According to the applicant, the rear yard is sloped in the southwest corner, and there are trees and a garden in that area. There are bushes along the rear lot line and along the side abutting Beacon Hill Road. The applicant states the trees are substantial in size and cannot be removed, and there is no other flat surface in the yard to accommodate the shed. W Variance Report - 4615 Beacon Hill Ct. July 1, 2008 Page 5 SUMMARY/CONCLUSION The owner is proposing to construct a shed on the property. The shed is proposed to be set back 10 feet from the east property line abutting Beacon Hill Road. The applicant has stated that the hardship for the requested setback variance is the topography and presence of trees and gardens in the rear yard that create a practical difficult for meeting the 30-foot setback required on this corner lot. ACTION TO BE CONSIDERED To approve a Variance of 20 feet to the required 30-foot structure setback from a public right-of- way for a shed for property located at 4615 Beacon Hill Court, legally described as Lot 8, Block 1, Beacon Hills in the NW 1/4 of Section 33. If approved, the following conditions shall apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The roof of the shed shall match the pitch and style of the principal structure. 3. The applicant shall provide a current survey of this side of the property to verify the location of the property line, drainage and utility easement, and placement of the shed. Eagan Boundary Right-of-way Location Map Parcel Area Park Area Building Footprint q 0 ODO 0 OOO o R f l f~ ~„f - aOQ~ e", 0O d V Q ° ° o ~ QO o ; QQaO~~ DO~`'~ ~U 6 p o Q ~ e O C a O J ~ O~ d q i uw~ 6 p Q E O q s cc) Qdp. O - - C~Oo p ot7f] * ~O u $a .020 oQb47 ° ♦r n - _ F9 Subject Site Q,< a o q: ~ of p ~ d -.ee ~ 9 ~ 5 a 53❑ J< 0 0 0 y o 0 p n a o 0 HIGHWAY NO. 22 (CLIFF ROAD) C.7.A.N. NO. 72 (CLIFF ROAD) p O 8 P O O' n13 D 0® ® 0 "N`9 • O Q - P ewe.ew ° 4 o fl o O 00 . q Q 0 0 0 P p ❑ 6 d d 6 p. O o ~ Q ~ ® ~ o<a O n a ~ D a.. o af1QAO 4pa •p ' ® o o fi 6 O c~ Q p. O onees..e. _ o ~ q a p ° LEN 0 O ~ Op Q d ~ o Q 0 d s * 6 q a o O oQ Q 4 4 q S O 0 ff cw~ne.ee ° ,y n 4 p~ 0 ~Q 6fa 0 ~ 4 afl 'o~`'C) 45 o p~ O O o ~ 4 d .P°Q d a" ~ ~ Q Q ,,,a q wµ Q b o'° °60 ot~d~eo q on Q :b 0' 9 i. MV/5 of ° ,a Q q D,.°.© ®QDr 4 a~ O O ° q ✓O<o: p Q 6 O --60 4 p N?o O O - g 4 d O O 9 6 oOg90apo f7 a .4g p +em°oo wee aas Ii ? _0 doo. t7° _q b~.a~. - O 1000 0 1000 2000 Feet Development/Developer. 4615 Beacon Hill Court Application: Variance Case No.: 33-VA-08-06-08 / N L/ City of Eap THIS MAP IS INTENDED FOR EFERENCE 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. Current Zoning and Comprehensive Guide Plan Land Use Map 4615 Beacon Hill Court Variance 33-VA-08-06-08 Zoning Map PD o a ss P R ` Location Current Zoning: b C.S.A.N. NO. 22 (CLIFF ROAD) PD soP a e' ®®®®®ll ® ra ■ Planned Development •a e . ® also ® • + + * r ■ e + ® ' + as ®P~ r e • , s p a ® 1 R-g r + ® r ®I, ® r e • A ! ~s 8 R ® e A ■ ~ ~ ® 99 ® e 0 4 p P ! P fill" o + e ® • 6 @ p P MAO ts Soo 0 Soo 7200 Feet Comprehensive Guide Plan MD Land Use Map D MD . R O s 0 ® ~ LD LD • • ~p ` Location s v a C.S.A.N. NO. 72 (CLIFF ROAD) Current Land Use Designation: f~P • * MI~®®®®®® > r i IF ■ P o so Ems 1903 P LD ee Low Density M s ® ® re ~ 1 dt g ® ® L EB ® s . P ® uNt o + . ~ L O . ° 6 d L ~ 4 O 4 P Aa ®,g~ s ° ® D Soo 0 Soo 7200 Feet Parcel base map Information provided by Dakota County Land Survey Department Decmber 2005. N Zoning Information maintained by City Staff. _ qtt pn AN y Of Eakan THIS MAP IS INTENDED FOR REFERENCE USE ' W E The City of Eagan and Dakota County do not guarantee the accuracy of this information. S r Cer-i~ic::ta f:;.r: (men x 7m ;•..i.iw 3t ;rte, 8b 'l Darnell Road :50711 .den I.-It Sri.. , 'in. ;1 ' DELMAR H. SCHWANZ LAND SURVEYOR Registered Under Laws of The State of Minnesota 2978 - 145TH STREET W. - BOX M ROSEMOUNT, MINNESOTA 55068 PHONE 612 423-1769 y SURVEYOR'S CERTIFICATE L %r SCALE: 1 inch 30 feet ~ fly enchmark : Centerline- centerline i Cliff Road and Beacon Hill Road Elevation 944 , 00 ft. I 1 ~j (~Tndicates Proposed Elevation D 1. _ 'Z1 Top of Block 759.E j Garage Floor Pa \ .s s i. D N Basement Floor KIN N ~ r r fr, / Denotes iron pipe ~ ~s ~}p~ ~ • f ~ gip` to +a uIA) 4 19 V u° -ti5~b~o y~a~ b r horeby cer'ify that this i3 a '11-rue an r) c<~rrect represent.ltj. )n of a tau. v: y of the boundarle3 of Lot 3, Flock 1, i>:A:;Ca l rak,3ta County, Minnesota. Febr^.aary 2f', 19.79 Revised: March 2, 1979 MINNESOTAAREGISTRATIGN NO..8625 The Home Depot # 2813 3220 DENMARK AVE, EAGAN, MN 55121 (651) 452-2323 Wed May 14 12:41:13 2008 CRAIG AND COLETTE CHERLAND 12X10 206815 The materials in this garage will cost $1375.40 Drawing: 3-Dimensional View k I1 .I l i k, Variance Application Narrative The homeowner Craig Cherland, residing at 4615 Beacon Hill Ct. Eagan, MN 55122 is applying for a hardship variance due to the fact that there are trees, shrubs, gardens, and watershed issues, which restricts him from putting the shed within the 30' structure setback line. The shed to be built is 120sq ft or 10'x12', and there is no flat surface in the yard to accommodate the shed. The trees within the structure setback line are substantial in size and cannot be removed. The landing directly in front shed is free standing and the pitch of the roof will be reduced. The wall from the soffit to the grade will not exceed 10' to stay within the accessory buildings guidelines. Craig Cherland Homeowner r Shawn Cherland Applicant 1 Agenda Information Memo July 1, 2008 Eagan City Council OLD BUSINESS A. HAWTHORNE RIDGE - EXCEL DEVELOPMENT, LLC ACTION TO BE CONSIDERED: To approve a Modification to covenant restrictions to allow a full-service restaurant for Excel Development's Hawthorne Ridge retail center located at 525 Diffley Road. REQUIRED VOTE FOR APPROVAL: Majority of members present FACTS: ➢ The City Council had this item on the Consent Agenda on June 3, 2008 and directed the City Attorney to prepare an amendment. ➢ The City placed covenants against the property that prohibited certain uses in 2002, sold the property to Excel Development in 2003 and the retail center opened in 2005. ➢ The City Council has been approached in the past to modify the covenant restrictions placed by the City on property sold to Excel Development a number of years ago. The most recent request was to allow a coffee house/sandwich shop in 2007. ➢ The owner has submitted a 17 page petition supporting this request. ➢ City staff has sent a letter to adjacent and abutting property owners alerting them to the Council's consideration of this item on July 1. ATTACHMENTS: (3) Location Map on page Draft Amendment to Covenants, pages through Letter sent to adjacent property owners on page 7 `j Request letter and sample page of petition on pages 5 through. Eagan Boundary Right-of-way Location Map 0 Parcel Area Park Area Building Footprint g . p Vb' CA® 0A arc--•~~ lip y t♦ ~ 0 a esq. ® P i D® 6r A p ~ O p q ~ 9 d'a1• Q D ~ © ~ ~®Q9 ~ A 44 4 ~ ~ 6 ® 4 A MOe'+r O A ® 6$7 ~ O p m h►, ~ p p ~ P ® A eP Po® 4~ ® Eti ~ DO 8 LLI Q• ®®~dm o+ 0 > B e s ® ~ s~ ham, d o ® ® ® Subject Site ® o m® a a a 6 m t fa to ~ a m o®rQ F d e.&AJL ND. ao taRIxy Rwol t a d v $ i3 ~ ~ @ Q C2 ~ CJ Y a ~I ~1 ®e fl 9 B ~ ~ ® b P3 D @ m • ~ u°o ® ~ ® SI' o v C A ® ® 06 a~ ee ! i 4 01 pll aaY 1YCkYOel~ar~ 8 ~ ~ • 4 in d is p y ° 4 e 4S p 6 ~ ® m ~ A' 4 a ffp Y 9 0j fa B m~° Q bP y Q • ® 1S Q ® % 4 - a won a W ft. lei IV .2 12 am 4 1000 0 1000 2000 Feet Hawthorne Ridge Retail Center Y 11 THIS MAP IS INTENDED FOR REFERENCE USE ONLY W+ E M of Eapn J 666 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. SECOND AMENDMENT OF DECLARATION OF RESTRICTIONS AND COVENANTS This Second Amendment of Declaration of Restrictions and Covenants ("Second Amendment") is made this day by and between the City of Eagan, a Minnesota municipal corporation (the "City"), and Excel Development, L.L.C., a Minnesota limited liability company ("Excel"). RECITALS WHEREAS, Excel is the fee title holder of real property legally described as follows: Lot 1, Block 1, Hawthorne Ridge, according to the recorded plat thereof, Dakota County, Minnesota (the "Property"); and WHEREAS, the Property is subject to that certain Declaration of Restrictions and Covenants dated November 7, 2002, recorded April 1, 2003, as Document No. 2022768 in the office of the County Recorder of Dakota County, Minnesota, (the "Declaration"), as amended by that certain First Amendment of Declaration of Restrictions and Covenants dated January 31, 2007, recorded February 5, 2007, as Document No. 2494012 in the office of the County Recorder of Dakota County, Minnesota (the "First Amendment"); and WHEREAS, Excel has requested and the City has agreed to amend certain restrictions under the Declaration, as amended by the First Amendment; NOW, THEREFORE, in consideration of the foregoing premises, the City hereby amends the Declaration, as amended by the First Amendment, as follows: 1. Section 1 (a) of the Declaration, as amended by the First Amendment, is hereby deleted in its entirety. I i I ~ a Q~ w. k ''W`~,.~' ~ _.,.~'y~.s ~R { ti ~~'44~`' ...i, 2. Section 1 (a) of the Declaration is amended to read as follows: a. [Intentionally Omitted] O`' l! d The remaining provisions of the Declaration remain in full force and effect. By signature of this Second Amendment, Excel acknowledges that Excel's use of the Property is subject to the Declaration as amended herein. City of Eagan, a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Maria Petersen Its: City Clerk Excel Development, L.L.C., SO) U a a Minnesota limited liability company By: Jerzy Szoka Its: Chief Manger / President STATE OF MINNESOTA) ss. COUNTY OF DAKOTA ) n The foregoing instrument was acknowledged before me this day of , 2008, by Mike Maguire and Maria Petersen, the Mayor and City Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. I!. is Notary Public 2 L~ v ~a STATE OF MINNESOTA) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2008, by Jerzy Szoka, the Chief Manager / President of Excel Development, L.L.C., a Miimesota limited liability company, on behalf of the limited liability company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432-3136 (MDK: 206-20691) I Q~ 3 r 40k)o City of Ea~an Mike Maguire MAYOR Paul Bakken Peggy Carlson Cyndee Fields June 23, 2008 Meg Tilley COUNCIL MEMBERS Dear Property Owner: Thomas Hedges CITY ADMINISTRATOR The City recently received a request from Excel Development to revise the allowed uses for the retail property known as Hawthorne Ridge, located at 525 Diffley Road. The owner has submitted a petition and requested that the city allow a full-service restaurant with on-sale liquor. This use was previously restricted through covenants which were placed against the property in 2002, prior to development of the retail center. Currently, only coffee shops, cafes, MUNICIPAL CENTER deli/sandwich, and ice cream restaurants are pennitted. 3830 Pilot Knob Road Eagan, MN 55122-1810 The City Council has given direction to prepare an amendment that would allow the proposed use. The proposed amendment will be considered by the 651.675.5000 phone City Council at their regular meeting on July 1, 2008. The meeting begins at 651.675.5012 fax 6:30 p.m. in the City Council Chambers in the lower level of City Hall. 651.454.8535 TDD You are not required to attend this meeting, but are welcome to attend if you are interested. You may also submit written comments for the Council's MAINTENANCE FACILITY consideration prior to the meeting. 3501 Coachman Point Eagan, MN 55122 If you have any questions, please contact me at 651-675-5691. 651.675.5300 phone 651.675.5360 fax Sincerely, 651.454.8535 TDD pal,~ Pamela Dudziak Planner www.cityofeagan.com THE LONE OAK TREE The symbol of strength and growth in our community. 7 e/ 4450 Erin Drive Xcel Suite 200 062VeI0PMerIII L.Lc Eagan MN 55122 Real Estate Investment and Minagennent Phone: 651-756-1440 Fax: 651-756-1441 . April 30, 2008 City Of Eagan Planning & Zoning Eagan MN 55122 To whom this may concern: We request the City's consideration to amend the restrictive covenants on our property at 525 DifFley Road to permit a full-ser.,ice restaurant We have received over 300+ signed local resident names on a petition to have a full service family restaurant in the neighborhood center. We also have. restaurant users wanting this location butare unable to place this need into the com- munity since the..current zoning reflects a restriction of use. Restricting this site hurts the community itself and the neighborhood center from continued growth. There is a current business owner who is in the process of selling the coffeekafe (fell terminally ill) and he would also like to offer the potential buyer the option to have full service within the cafe-to make it more marketable. Currently this site is the only site with such restrictions attached to its covenants in the City of Eagan. We understand the reasoning behind the decision, we are only asking for consideration to amend,to ailow.:continued-growthon the-comer of Hwy 3 and Diffley.Roa' d: fl!/e hr~Y y3c, a lder'?dding this recom <';e.ndat:o^ of amending th ° Covenants to allow a restaurant user within the neighborhood center. Sincerely, 4erzy zoka President/Owner Excel Development LLC ~f js@exceldevelopmentllc.com 651-756-1440 [MAY 0 2'2008 4:50 0 ?191Y_ By Sz PETITION FOR THE RIGHT OF A FAMILY FRIENDLY FOOD RELATED BUSIN'FS.S Excel Development LLC created the strip mail known as Hawthorne Ridge at the corner of Diffley Rd & Hwy fi! 3 in Eagan. This mail was designed with the intentions of bringing goods and services to the neighborhood as currently there are very limited opportunities in this area. In its quest to build the mall surveys were conducted asking the community as to what things they would like to see be offered. A reoccurring request was to bring in a family friendly restaurant. Through the course of time a ban had been put on the mall not allowing food related businesses due to the potential odors they may emit in the air. We are asking the city of Eagan to revisit this issue and to allow a restaurant as it would benefit the communit; by allowing a meeting place for friends and families for social and business gatherings. The fallowing signatures are in support of flowing a family friendly restaurant to be established at 525 Diff7ey Rd. Blame (Print) Signature Address E-mail 2.4r r, r '..--~--a-~.r• •i-G-r':,•S,.!`..~ ~ ~._,_P ..ft~','"':'...; z.- •,.f :M ^y C d t 'J _r - c., t v y~ b . tit'`T i 1' `r Inn f` T { = Ec } C ~.F's 3 ..1' 7. tit, 10_~~Vlnr 12 11 f- 12. ~f C la 13 14 _ i .-r'y _ f{ t f~jt-7 r s's y4~ r~- J / f C-~ 13 „L 1 uU`l~c.. E" t :'j e 1.p►tr ;`1 tTSin,~ t i.1 17 r;l~ 'L-Ga •Zf t~i~~C,L''Z'`! ~'yr S.?4 ;+?"..,-f-.".Je v`~.'.!I~w! ,.sf,.] t i is g t«t"ctru 3#IlM Address Email l S / Agenda Information Memo July 1, 2008, Eagan City Council Meeting VII. NEW BUSINESS A. PLANNED DEVELOPMENT AMENDMENT - VERIZON WIRELESS ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) of a Planned Development Amendment to permit a retail commercial use in an office building located at 1250 Yankee Doodle Road legally described as Lot 1, Block 1, Town Centre 100 Tenth Addition, in the N %2 of Section 15, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: ➢ The 1.51-acre site contains a two-story office building constructed in 1992. ➢ A portion of the lower level is currently occupied by a credit union, and Verizon proposes to occupy the remaining portion of the lower level. The upper level is currently vacant. ➢ The surrounding area is a mix of retail and office uses. The proposed retail use does not require additional parking. ➢ Modifications to the site and building include creating a new storefront, adding new doors and windows to the west elevation of the building, relocating the trash enclosure, relocating some existing landscaping and installing new sidewalk and paved areas. ➢ The existing building does not meet current setback requirements from Yankee Doodle Road. ➢ The development should offset proposed new impervious areas with the conversion of other existing paved areas to green space, use of pervious pavement, or even a reduction in the amount of new pavement. ISSUES: ➢ The applicant presented revised plans at the APC meeting which addressed the issues of the trash enclosure setback and impervious coverage that were raised in the report. o The existing trash enclosure will remain and new gates will be added, and a new screening wall will be constructed between the Verizon entrance and the trash enclosure. o The amount of new pavement has been reduced, and new green space will be created within the parking lot to offset the new sidewalk area. ➢ The APC recommended approval of the PD Amendment, based on the revised plans. ➢ The revised plans are attached for the Council's reference. 60-DAY AGENCY ACTION DEADLINE: July 19, 2008 ATTACHMENTS (4): Location Map, pages ~ through Revised Plans dated June 24, 2008, pages J through G : June 24, 2008, APC minutes, pages 0 through-- Planning Report, pagesL through Eagan Boundary Right-of-way Location Map Parcel Area Park Area Building Footprint f e 0 ~ .peNlle GOP i K u cwffl~ n V Z ® Nwce as © 1 Subject Site all loll' L--Jll couerr ROAD Ko.zs KH 00 oAD) YOeni tZd r too, oar mono M g ` ® y MAY El wcnweeeaieYr o e11CNNCet Wtf111Ma1AM[ ® ® G m~ 6 Ei L g, 6 ~ ~ -A JL EIL 1000 0 1000 2000 Feet Development/Developer. Verizon Wireless Application: Planned Development Amendment Case No.: 15-PA-09-05-08 pnq n N My of Eagun 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. N did 3115 adSOJMW 0 lOZd SIAM CIOF9NtlWl EZ a~uauaao a EVaZ'JU p axn `C V ` < vauco.nu ~ z p ~ EaaaGa cm ~ZO~ -4o MEMO E am.a 1 4 WHIM ol- uxrm lain u an lain a DIan avExn Bona axrmeo acne ••E.r ream aaeai I I i o a x E a o a v l01 ~i'~ t 17 V 3 HA011 '9 'H r r as n LJ ®u aumc 7717 crosva rni.vm cm~IDt/~ cr.ic armu owuao wtKa+ maaaxaoo ~ ava- murraaw! Lnunai a~u•wv auuan ro mnww aaoac.aw ro mniom 'Q?J 310004 3DNVk H. C. %L0vE R w s C a x r s C r noPCrmsr+Av OBIPIG DIOf PIRIOPDC K91.AND PA&:~nX5A5 &< pN .~R~ vfl. IVUl bf- ~INnk of-Im k } e { t~ ~ ~ wun ~.wi r ~ .e ~ J ~ ~ _-L~.L _ ~ n ~a• arM D.MINL C ~ ~KN XR6N WNl. w .wpm A Pobev rw... f iNl R I- . n OfV. I WO msixG ~ auro (n uuNUx~A Srolma~rr rneosrnw W _ J Z °c z PROPOSED NORTH ELEVATION O t W li x„t: la-I•a w > u~ rwrosm slc+vr r~arNlD ossiwD 111Di PAflpilNS 9GNYf ~~qRp qty ~ 9LbANrA~ „~,x Si016RDNi e - ji- oarvlc au L _ _ - 1 L _ J ~ _ L✓ ~ OASTIIL Almlf B9Li E W n F _ s.. ~ PPJ Az 1 3 0[V IOJO fRp~fF: A'S'K Q NM•AWENWJAI i Sttilflrplti0 \ ANTIp651MG ~ QE1MG WSfbG .WAYNW SLOP.BAYIf MDV aUIO AIUAWLM Si0RFff1M! AWMIMM SigtBxONf u.~D~e PZ220 ~ ~f vg PROPOSED WEST ELEVATION O suac: la•- I•a o~s£c&5~'sa>us~36xrc9379A5re -1 ~;~vOxx: ROM j e~<. y - - - 77-1 Rp~ 3 i ~ cm R C) L 7f CIQ ° - e ..m -1 fl a T 70 a D aZ ~ 1 O UU D { ~I 1} 9J~si{§1~i~I~ ~ sal;~~d a~~ ►m VERIZON WIRELESS wgit 9 glfl pis N ~ ~ ta~lll {9€[a~~a.sr,I~ I€I,$~~t d r~k p p _ {1 1 1 EAGAN, MN Itl!{diII~110, y~1, 111 -r R J~/J 12M YANKEE DOODLE HD. }y} l9d Lday 9 8 EAQML MMNESOYA 55121 g1 (i aq I~ a;3 n w O / R Rl !;_~dIS .1,,.ct~ De8 .1x APC Minutes June 24, 2008 Page 4 of 6 C. Verizon Wireless Applicant Name: Marinkovic Holdings LLC Location: 1250-1252 Yankee Doodle Road; Lot 1, Block 1, Town Centre 100 10th Addition Application: Planned Development Amendment A Planned Development to allow a retail store. File Number: 15-PA-09-05-08 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated June12, 2008. She noted the background and history. Eileen Engels, Verizon Wireless, discussed a revision to the original plans, accommodating more green space and removing the concern regarding setbacks and access for a new trash enclosure. Vice Chair Chavez opened the public hearing. There being no public comment, Vice Chair Chavez closed the public hearing and turned the discussion back to the Commission. Member Keeley moved, Member Heaney seconded a motion to recommend approval of a Planned Development Amendment to permit a retail commercial use in this two-story office building located at 1250 Yankee Doodle Road legally described as lot 1, Block 1, Town Centre 100 Tenth Addition, in the N V2 of Section 15 subject to the following conditions as amended: 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: • Site Plan dated June 24, 2008 • Building Elevations 2. Existing landscaping that is removed must be either relocated or replaced elsewhere on the site. 3. A sign permit is required prior to installation of the signs, and all signs are subject to the requirements of the City Code. 4. The development shall achieve no net increase in impervious coverage, which may be accomplished by converting some other existing paved areas to green space, utilizing pervious pavement for the new paved areas, and possibly reducing the amount of new sidewalk area. C, The redesigned trash ennlec, ire shall hay ceniine ~nneGs fer.inn we6t A vote was taken. All voted in favor. Motion carried: 4-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: June 12, 2008 CASE: 15-PA-09-05-08 APPLICANT: Marinkovic Holdings, LLC HEARING DATE: June 27, 2008 PROPERTY OWNER: Marinkovic Holdings, LLC APPLICATION DATE: May 20, 2008 REQUEST: Planned Development Amendment PREPARED BY: Pamela Dudziak LOCATION: 1250 Yankee Doodle Road COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to permit a retail commercial use in this two-story office building located at 1250 Yankee Doodle Road legally described as lot 1, Block 1, Town Centre 100 Tenth Addition, in the N %z of Section 15, AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/IIISTORY This property is within the Town Centre 100 development. The two-story building was constructed in 1992. EXISTING CONDITIONS The 1.51 acre site is developed with a two-story office building. The southern portion of the lower level is currently occupied by a credit union which also provides drive-through service. Planning Report - Verizon Wireless June 24, 2008 Page 2 An Edina Realty office formerly occupied this building, but has recently vacated the space. Because the Verizon use is retail and not office, a PD Amendment is necessary.. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Eagan Promenade PD, Planned Development SA, Special Area East Best Buy PD, Planned Development SA, Special Area South Town Centre PD, Planned Development SA, Special Area Sho es West Office PD, Planned Development SA, S ecial Area EVALUATION OF REQUEST Description of Proposal - Verizon Wireless is seeking to lease the northerly portion of the lower level of the building for a retail store location, and remodel the space by adding additional windows, relocating the entrance door, and relocating the existing trash enclosure. Compatibility with Surrounding Area -The proposed use appears compatible with the surrounding area, which consists of a mix of office/service and retail commercial uses. Bulk Standards - Setbacks - While a structure setback of 50' is typically required from a County road, the existing building is approximately 35' from the northerly lot line adjacent to Yankee Doodle Road. A new trash enclosure is proposed to be located on the north side of the building. The trash enclosure will extend approximately 9' closer to Yankee Doodle Road, at a setback of approximately 26'.. The new trash enclosure is being constructed to permit the conversion of the existing trash storage area to usable interior store space, and to avoid having trash storage area next to the proposed Verizon store entrance. Building Coverage - The existing -8,000 sq. ft. building covers approximately 12% of the 1.51 acre site. Aside from the new 9' x 11' trash enclosure, the existing building will not be expanded. Green Space - Green space calculations were not provided with the submittal. The applicant is proposing to add a new sidewalk on the west side of the building leading into the proposed Verizon space, and off the northwest corner of the building where the new trash enclosure is proposed. Existing landscaping in front of the building will be removed and either relocated or replaced elsewhere on the site. The added impervious area is approximately 750 s.f. With a goal of achieving no net increase in impervious coverage, staff suggests measures be C/~G, Planning Report - Verizon Wireless June 24, 2008 Page 3 explored to offset the added impervious coverage. These might include the conversion of some existing paved areas to green space such as adding an island in the parking lot or converting existing sidewalk area to landscape beds, utilizing pervious pavement for the new paved areas, and possibly reducing the amount of new sidewalk area.. Building Elevations/Architecture - The north end of the west elevation is proposed to be modified by adding a new building entrance, and installing windows on the existing trash enclosure, which will be converted to usable interior space. Trash Enclosure - The new trash enclosure will be added to the north end of the building, constructed of concrete masonry unit to match the existing building. The new trash enclosure will open to the north, facing Yankee Doodle Road. Having a trash enclosure in a front yard and facing a public street is not desirable. This orientation also appears to be awkward for both trash disposal and pick-up. The trash enclosure should open to the west to facilitate access and provide better screening from Yankee Doodle Road. Parking - The site currently provides 69 parking stalls on site. No change to parking is proposed. It appears that with 69 stalls, the existing parking is short of the required amount, whether the building is occupied by office or retail uses. This is an existing condition that historically has not been problematic. Since the parking required for retail use (1/250 s_f.) is less than for office (11150 s.f.), the proposed retail store should not have a negative impact on the availability of parking. The building contains 19,900 gross square feet; 4,000 s.f of this is a basement level conference/training room The applicant has indicated that 3,500 sq. ft. are occupied by the credit union, and 3,500 sq, ft. are proposed to be occupied by Verizon (retail). The remainder of the building is office space.. Excluding the 4,000 sq. ft conference/training room, this leaves 7,000 net sq, ft. of office in the upper level of the building. Verizon = 3,500/200 = 17 stalls (office would required 23 stalls) Credit Union = 3,500/250 = 14 stalls Office (net) = 7,000/150 = 47 stalls Total Required Parking = 78 stalls Landscaping - Existing landscape materials west of the building will be removed and relocated or replaced elsewhere on site.. The submitted Site Plan shows landscaping being relocated along the north end of the parking lot. Building Signage - New building signs are proposed on the north and west elevations. The proposed signage appears consistent with City Code, which permits one business sign on two elevations for a tenant occupying an end-cap of a building. A sign permit is required prior to installation of the signs, and the signs are subject to all other requirements of the City Code. SUMMARY/CONCLUSION Planning Report - Verizon Wireless June 24, 2008 Page 4 The applicant is requesting approval of a Planned Development Amendment to permit a retail commercial use in this two-story building located at 1250 Yankee Doodle Road to accommodate a retail store for Verizon Wireless. A portion of the lower level is currently occupied by a credit union, and Verizon proposes to occupy the remaining portion of the lower level. The upper level is currently vacant, The surrounding area is a mix of retail and office uses. The proposed retail use does not require additional parking. Modifications to the site and building include creating a new storefront, adding new doors and windows to the west elevation of the building, relocating the trash enclosure, relocating some existing landscaping and installing new sidewalk and paved areas. The existing building does not meet current setback requirements from Yankee Doodle Road, and the acceptability of further reduced setback for the new trash enclosure is a policy matter to be determined by City officials. Additionally, the development should offset proposed new impervious areas with the conversion of other existing paved areas to green space, use of pervious pavement, or even a reduction in the amount of new pavement. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to permit a retail commercial use in this two-story office building located at 1250 Yankee Doodle Road legally described as lot 1, Block 1, Town Centre 100 Tenth Addition, in the N % of Section 15. If approved the following conditions shall apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office, and proof of recorded shall be provided to the City. The following exhibits are required for the PD Amendment Agreement: • Site Plan • Building Elevations 2. Existing landscaping that is removed must be either relocated or replaced elsewhere on the site. 3. A sign permit is required prior to installation of the signs, and all signs are subject to the requirements of the City Code. 4. The development shall achieve no net increase in impervious coverage, which may be accomplished by converting some other existing paved areas to green space, utilizing pervious pavement for the new paved areas, and possibly reducing the amount of new sidewalk area. 5. The redesigned trash enclosure shall have service access facing west. ~r Eagan Boundary Right-of-way Para Location Map QPark Area Area Building Footprint D oo ° °o . L z - xzx 9T e O 7 n d / 'Subject Site uoNn R04o No.aa tax eo 0") Q on oaniaa as Dan aan o . ~ ~ Qp GJ 6 B o 0 0 ao 4 fl Q~ ~ 8 ~ ~ ~ ~ C:J C8 • D 6 d O E p e otJ LFf ~ eeenw.a.m _ ~ n b oane.w.uw ' O © ~ © ~Da 6 P ~ O U D - ae9 q ~ II I o -o a d a p p q a D Q e 0 d a fl 4 o ~j fl ~ ° 4 G v 1000 0 1000 2000 Feel Development/Developer.. Verizon Wireless Application: Planned Development Amendment Case No.: 15-PA-09-05-08 city of Ea a THIS MAP 15 INTENDED FOR REFERENCE USE ONLY W+ C 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. t/ Current Zoning and Comprehensive Guide Plan Land Use Map Verizon Wireless PD Amendment 15-PA-09-05-08 Zoning Map O pD 5 Po PD °P ~c a Location Current Zoning: , PD COUNTY ROAD (YANKEE OW RDAOI Planned Development ( O PD t <j r O,. CSt: PD At BOB ^ BO CZ P s~ 1 J G O V $ CSC ~ ~ ~ ~ (y ~tl o R !S .DO D a00 7200 F..t II `3 `•li C ' ra Comprehensive Guide Plan SA Land Use Map 1 r D aA cz, SA SA r~ O v ^G`, i E a Location a 4 = Current Land Use Designation- CDOMY ROAD 38 ty"M ROAD) SA SA - ~S A nn f J o 0 u Special Area SA O 7 rSA SA B8 BOB p0 Bc G g 6 ~3 D D- a P Lau C IUi ~ b SA i . 4 b C~ 1 (}~-r H Oar' 05 6 !d v J .DD 0 .00 1200 FaN ❑ P-A b... m.p Intorm.N.n pr..ld.dry Dakota C.unly Landg-y D.partm.tt D.cmb. 2005. N 2.ning Inf-ti.n m.intaln.d byClty U.N. THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of Eap `y e The City of Eagan and Dakota County do not guarantee the accuracy of this Information. S . I t S x J a 3 f ~ Y! ti J { t u V , ~ I ! I A?' a y tlta 'd f4 l z al >rtlr` ctt u A d k JJ 1 L W ' , Kid n~ IE # r ° +tl~" ~ Will,v,.~~ d~ i ' ~ I~ ~~....a_, -":..I„'~I ~ '~r~ j(~u31 a• i•: t t ,1 yH:~ V~ d x"E~v ~Sr~~i ~ ip' sr~a~~"'y" ; e+f~~ ~ ~ ~'~~yy. • 1n~ if:,, a ~ I1 6 J •;1 r, Piy - •Jta.aP.l t.. .:4 K:.Lt.~ { +d,"' NF;:;''~ sr I +~s4 ' 1 / u` L ~ m .xA R t oy I~g' a.. n . ,,,..yy , tlMt~! - ',!t!lI ~r a , t rtes YloitMllit Ylf ol7 trr,•)J• 1 a ~ ~ ~ ~ r ~tn[~, ~ 1i1 )Hiil/l~~(~ 'otl 3100003~r11Yi GStt ~ 'x: st ~ ~ !„iJ ! !f +:1~~: NW ' DV3 r ° r }a B O 3li ~f~li~ 11 113 ¢i1,R3 SS3`I3dIM NOZIMA ~ j 0 4; I C= o- ~n ° o 0- M 7 n p ~ E6y W W U w t 1: . 14.:1.- I. ! a. ~.:....ti -77 ty ~Qc 1 ~ D 0 lip, [ I taca+mrer v~ S1Ti- -PLAN 0.r. 9L0VSI ~ R R N I t R fJ t ~.~Ww~ia m~iv IC< aP,lrNVr AOA ao +1 N. I w a FROP05E0 NOKTH ELEVATION 5 ` w ~raR n~AVw ~:a y°~wr rvaa• / avrt'~o t QLaGQ~yMfraN57 ~ c.+e ~wr.w I t x EEEal j f rl f F 1 i • w r i r r(yh~ 41.1 PZ220 GEC LQ 05EU WEST ELEVATION Q w o F9~ pi It fl; I lpfR~ i ij s l rt Ytmra 1: 1 "i C r~t a~s';~E~~•! ~E~n1lit~~~l~i X- M arm i Na(M--NW'NV9V3 1 f EEr:"!SE SS313dIM NOZ1b3A a x < .:l at f lif 1,1 1 H is , z p g r N n! p O C' Jt gig a (D c~ p ! ! gR LU f i UU -.il ,1 11 , U I gy Q h _ y1( -amt ` U -I h P 1 ; .~'"S 1 1 , , 1 , - 1 , 1 , 1 1 I 1 / 1 1 I 1 Q-------------0 eau s r ~A~G FLOOR Pc.RN f~ HI I 'I TTT a . t 5' E E 'a ~ 4 A~ C n (T------------ a a• t t t t t t t t ~ t t ~ t t t ~ - - L ra ...:1c :Ll'-:i: •:.6..cn •;._~x t t t t rr, C 0 1 all oil O tl o 0 !fief ti}.. a. !ia a••- > ~ i~ p 3J3! ~ 1 t VERUON WIRELESS ~,:fflt,i:f';: ! f!t! ~,I g~S5 r 1 EasaN MN a a ~ 'c ~anatetauuusar>tssut ~E i~t$t,1!~~fJE:s iili~1~ a°x.,, ~ ~ 05 ifl _1 D d_ n ~ 2 N Q o W 1 i; C + o a 49 3Fs Ilk ~ 3 tl ~ t t t u t uo ` Q3 3 / t 4 u FLA t o M~ NIARINKOVIC HOLDINGS 4851 SAFARI COURT NORTH EAGAN, MN 55122 PHONE: 651/994-0259 raa) ova n@uni nex-coon Planned Development Amendment ---submittal checklist: 2 May 2008 Legal Description and up to date survey: See Mark Gronberg survey "Lot 1, block I, Town Centre 100 Tenth Addition, Dakota County, Minnesota." Property I.D. Number (PID) " # 10- 77- 05- 90-1101; and # 10- 77- 05- 90-1001 " Certified mailing list of names and addresses of property owner's within 350'of the boundaries of this property - mailing lists. Can City Provide this list???? Notification sign. Escrow deposit. Written narrative. What do you want to do; timing and phasing? "Owner is seeking to lease approximately 3,500 square feet of space to Verizou Wireless to be used as a showroom, office space and retail center. Tenant is seeking to sign a lease effective fitly 1, 2008 and after remodeling ivlrich should take 60 to 90 days begin operations " Existing land uses on subject property. . "The building consists of a 2 story masonry and steel building with a finished lower level whicle houses the Bluestone Credit Union with accompanying drive thru operation. Balance of structure ivas recently occupied by an area office for Edina Realty, sales, office space, meeting rooms and training area." Surrounding land uses and zoning within 660 feet. "All of the land ivitftitr this boundaryis zoned either PD or CSC. Currently there a number of shopping erodes, restaurants and fast food establishments. Immediately to the east is a new Best Buy, Across Yankee Doodle to the north is a number of large retail operations along with a ruunber of restaurants. Similar conditions exist on properties to the south and ivest. " RECEIVED MAY 2 p 2QQQ page 2 What impact does the planned development amendment have on surrounding property and land values? "None. This rise is consistent Will the land uses in flee vicinity and tends to stabilize land values and draws clients to many of tine property around it and further brings another nationally recognized name to the area. Tine service provided by this tenant its proposed usage provide a service to their many clients here in P'agan." What impact does the proposed development have on the subject property. "Securing an attractive, highly visible tenant will help draw a more reliable tenant base to tite balance of the leaseable area in the building. Improvements to the exterior of the building will include some additional landscaping, a better trash storage area and an additional entrance which spill provide better overall balance to the exterior look of the building and serve as an additional exit in case off:re or other hazard. " What impact does the planned development have on City services such as sewer, water, storm run-off and roads. "None that either the ospuer or tenant can foresee." Does the requested land use proposed by the amendment result in a better use of the land? `Probably, given the property's location at a highly visible intersection, nature of the tenant's business, and the proposed amendment's consistency with the land uses completely surrounding the site. PUBLIC BENEFIT OF PROPOSED AMENDMENT "Proposed amendment would provide a major telecom company an opportunity to locate in a prime location for the nature its business amid sindlar businesses near their clientele. Tenant will be providing a service within the community that utilizes their services. Te►tatt is seeking long tern: tenancy providing commercial stability within the area similar uses with little or no impact on traffic or other City services." RECEIVED MAY 2 0 2000 Agenda Information Memo July 1, 2008, Eagan City Council Meeting B. PLANNED DEVELOPMENT AMENDMENT - OPPIDAN (EAGAN PROMENADE) ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) of a Planned Development Amendment to permit a multiple tenant retail commercial use located at 1270 Promenade Place, legally described as lot 6, Block 2, Eagan Promenade, in the SE'/a of Section 10, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: ➢ The applicant is requesting approval of a Planned Development Amendment to permit a multi-tenant retail use located at 1270 Promenade Place. ➢ The proposed retail use does not require additional parking. ➢ Modifications to the site and building include: o creating new storefronts o adding new doors and windows to the south and west elevations of the building o reconfiguring the parking lot o signage to the south and west elevations ➢ The applicant is also proposing a pylon sign with tenant names, which is inconsistent with the Promenade pylon sign plan. ➢ The conditions of approval support the additional building signage in lieu of the pylon sign. ➢ Staff is recommending additional pedestrian connections be made. ➢ The APC held a public hearing on June 24, 2008 and did recommend approval. ISSUES: None 60-DAY AGENCY ACTION DEADLINE: August 2, 2008 ATTACHMENTS (3)• Location Map, pages tb~ June 24, 2008, APC mmutes, pages It, 5" t ugh. - Planning Report, pages It 4- through A Eagan Boundary Right-of-way Location Map Park Area Area k Area Building Footprint ~o.• F a 'UP 4 • ®i k,7a~, g c cul W.KIM ® l $ b m 01011110 M /y COUNTY ROAD eats ryanaee pooDtl ao N ~G )RD a, .e.••eeen:.: e Subject Site ! ` ' r~ ~ `emu o°"" 4 !~A g ~ ~ t ~ s r~ vo - nen w.~ o I t g ~ / O ea m oq m m n ® ~ c~uro.ervm A m Aff 18 1~® ® ®B B E g c mmao 1 } r su.eene..ewe = ouneeom ee G b e sP R9 w.rn..a ~.•e < ® ® _ m in 60 1000 0 1000 2000 Feet Development/Developer. Eagan Promenade 08 Application: Planned Development Amendment Case No.: 10-PA-10-05-08 N 11 THIS MAP IS INTENDED FOR REFERENCE USE ONLY W+ E My of Ea JJJ 666 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. APC Minutes June 24, 2008 Page 5 of 6 D. Eagan Promenade 08 Applicant Name: Oppidan, Inc. Location: 1270 Promenade Place; Lot 6, Block 2, Eagan Promenade Application: Planned Development Amendment A Planned Development Amendment to allow modification to signage and building exterior for a multi tenant retail building. File Number: 10-PA-10-05-08 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated June 18, 2008. She noted the background and history. Vice Chair Chavez opened the public hearing. There being no public comment, Vice Chair Chavez closed the public hearing and turned the discussion back to the Commission. Member Keeley moved, Member Filipi seconded a motion to recommend approval of a Planned Development Amendment to permit a multi-tenant retail use located at 1270 Promenade Place legally described as Lot 6, Block 2, Eagan Promenade, in the SE'/ of Section 10 subject to the following conditions: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office, and proof of recorded shall be provided to the City. The following exhibits are required for the PD Amendment Agreement: • Site Plan • Building Elevations 2. No more than five tenants shall be allowed, and tenant spaces shall be no less than 2,900 sq. ft. 3. Existing landscaping that has died shall be replaced. 4. A sign permit is required prior to installation of the signs, and all signs are subject to the requirements of the City Code. 5. Signage shall be limited to one building sign on each of the west and south elevations for each tenant. 6. Additional pedestrian connections shall be made between the trail on Yankee Doodle Road and the property, and between this property and the adjacent Panera lot. A vote was taken. All voted in favor. Motion carried: 4-0. %L PLANNING REPORT CITY OF EAGAN REPORT DATE: June 18, 2008 CASE: 10-PA-10-05-08 APPLICANT: Oppidan, Inc. HEARING DATE: June 27, 2008 PROPERTY OWNER: Ethan Allen Global, Inc. APPLICATION DATE: June 3, 2008 REQUEST: Planned Development Amendment PREPARED BY: Parriela Dudziak LOCATION: 1270 Promenade Place COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to permit a multiple tenant retail commercial use located at 1270 Promenade Place, legally described as lot 6, Block 2, Eagan Promenade, in the SE'/4 of Section 10. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY This property is within the Eagan Promenade development. The Eagan Promenade retail development consists of several free-standing single-occupant buildings and a larger in-line retail center. The subject 20,000 sq, ft. building was constructed in 1998 as an Ethan Allen furniture store. The property is zoned PD, Planned Development.. EXISTING CONDITIONS Planning Report - Oppidan June 24, 2008 Page 2 The site is developed with an existing retail building which is presently vacant. A Panera restaurant is adjacent to the north. The two buildings share a parking lot. The site was landscaped in 1998 with initial construction. Access to the site is provided from Promenade Place, a private street internal to the commercial retail development. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Eagan Promenade PD, Planned Development SA, Special Area (Panera) East Promenade Oaks PD, Planned Development SA, Special Area Townhomes South Best Bu PD, Planned Development SA, Special Area West Restaurants PD, Planned Development SA, Special Area EVALUATION OF REQUEST Description of Proposal - Oppidan, Inc. is proposing to convert the existing building into a multiple tenant retail building consisting of up to five tenant spaces ranging from 2,900 to 4,500 sq. ft. Oppidan is proposing to remodel the building by adding additional storefronts, new windows and awnings, changing the color of the building and new signage. Compatibility with Surrounding Area-The proposed use appears compatible with the surrounding area, which consists of a mix of office/service and retail commercial uses. Building Elevations/Architecture - The south elevation is proposed to be modified by adding two new storefront entrances, installing new awnings and signage and changing the color of the building. The west elevation is proposed to be modified by adding new storefront entrances to total five, installing new awnings and signage and changing the color of the building. The color elevation drawings show the white building with blue awnings will be changed to more earth tone colors which will "allow for a more multi-tenant look,." Parking - The 20,000 sq., ft, retail building requires 90 parking stalls, and 121 stalls exist today. The applicant is proposing some modifications to the existing parking lot, which will result in 130 parking stalls being provided. The reorganization of the parking lot will provide head-in parking against the building and also move the accessible stalls closer to the building. Pedestrian Connections - Additional pedestrian connections should be made between the trail on Yankee Doodle Road and the property, and between this property and the Panera next door. Planning Report - Oppidan June 24, 2008 Page 3 Landscaping - No new landscaping is proposed with the remodeling- As part of routine site maintenance, existing landscape materials that have died should be replaced.. Signage - New building signs are proposed on the south and west elevations. As a single- occupant building, the Eagan Promenade PD permitted signage on the west, south and east elevations. As a multiple tenant building, it is appropriate to reevaluate the building signage. City Sign Code permits one sign on the front elevation for each tenant, and an additional sign on the side for end-cap tenants. The applicant is proposing that all tenants be permitted one sign on the front (west) elevation and one sign on the side (south) elevation, to increase tenant visibility. No signage is proposed on the east elevation. The narrative states "signage is a critical component to the success for the various tenants. The intent is to allow the standard storefront signs and give the tenants the maximum exposure to Yankee Doodle to attract customers," This proposal is not consistent with the Sign Code and results in more signage on the south elevation than is typically permitted by City Code. A free-standing pylon sign is also proposed, which is designed to be 9'4" in height with a b' high sign panel for tenant names. The design of the sign is consistent with the other pylons in the Promenade. However, the tenant pylon is a departure from the Promenade Sign Plan and with an existing center pylon sign on the southeast corner of the site, staff is concerned with the proposed tenant pylon sign. The Promenade Sign Plan provides for pylons for the plain in-line center and the community shopping center which are set back from Yankee Doodle Road. An additional pylon serving the subject parcel is inconsistent with the intent of the pylon signs in this area and would result in too much signage in a relatively small area. Staff understands the need for visibility and suggests the additional building signage on the south elevation be considered in lieu of the proposed tenant pylon.. A sign permit is required prior to installation of the signs, and the signs are subject to all other requirements of the City Code. SUMMARY/CONCLUSION The applicant is requesting approval of a Planned Development Amendment to permit a multi- tenant retail use located at 1270 Promenade Place. The surrounding area is a mix of retail and office uses. The proposed retail use does not require additional parking. Modifications to the site and building include creating new storefronts, adding new doors and windows to the south and west elevations of the building, reconfiguring the parking lot, and adding signage to the south and west elevations. The applicant is proposing deviations to the amount of signage. The acceptability of the deviations is a policy matter to be determined by City officials.. Staff is recommending additional pedestrian connections be made, and landscape maintenance be done. ACTION TO BE CONSIDERED Planning Report - Oppidan June 24, 2008 Page 4 To recommend approval of a Planned Development Amendment to permit a multi-tenant retail use located at 1270 Promenade Place legally described as Lot 6, Block 2, Eagan Promenade, in the SE '/4 of Section l O. If approved the following conditions shall apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office, and proof of recorded shall be provided to the City. The following exhibits are required for the PD Amendment Agreement: • Site Plan • Building Elevations 2. No more than five tenants shall be allowed, and tenant spaces shall be no less than 2,900 sq. ft. 3. Existing landscaping that has died shall be replaced, 4. A sign permit is required prior to installation of the signs, and all signs are subject to the requirements of the City Code. 5. Signage shall be limited to one building sign on each of the west and south elevations for each tenant. 6. Additional pedestrian connections shall be made between the trail on Yankee Doodle Road and the property, and between this property and the adjacent Panera lot. L. iI Eagan Boundary Right-of-way Location Map ParcelArea Park Area Building Footprint 80 rs o - o _ a • p o o rre OP - ~ ~ c L- a ro 0 4 flQ eourmr eow Noss 1TUatee oooou G3 0 9 ~ L~J fl E? O r r ~ _ s ~ e~ J) = Sub"ect Site _ Q d o _ Oo J t~ . d II ~ ° o a° D e. /71 P CI o ° o . ° 4080 0 _ D~~ a ~ O D 6 ~ - ay O ~ ~ II a tEl 100D 0 1000 2000 Feel Development/Developer.. Eagan Promenade 08 Application: Planned Development Amendment Case No.: 10-PA-10-05-08 N THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of Eagan W E The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S Commonlty Dovslopmont Dop.rtmont not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Oppidan, Inc. PD Amendment 10-PA-10-05-08 at Zoning Map DF LI a ' A~ r =a• A, Current Zoning: 1, - po Location p PD S PD Planned Development E773 COW1T7 Rollo irons ryA MEE DOOMS no") LD -11 F7 O AD LD R-4 r7l ti CSG ID DA BOB 100300 Dog -~-v„•, D o a P, 1 7777 L~ Ga. o Sao 7200 F..1 r .:i y 1 n l! -Comprehensive Guide Plan -w s -BP- Comprehensive Land Use Map n SA-BP 's o i A SA Location SA JJ Current Land Use Designation: Ell El SA Special Area COW n7 00" ".2e ty WI M Dooms ROAD) ~ D u Q 0 SA SA ( i- HD SA ~ DO goo OD OgOg 0170 p O Q.a ~DO~ p ao■ o .ao 1200 F..l r-f parc.l bass map laf-Hon providethy Dakota County Landburvey Departmait Doombs 2000.. N Zoning Inlorma0an malntalned blCity Stan gqty Ciq o U!f EQ~Illl THIS MAP IS INTENDED FOR REFERENCE USE ONLY \V E The City of Eagan and Dakota County do not guarantee the accuracy of this information. S ~ttat }j't h" t 1'~`j ..tz ~'y7~~' ~ 1 y, :.~t ~i ~1r ~ ',•JV 1!NA'M1f :~1'S!. '~Y'k.•~~'r((~~ 1 rt yea. y.«,1 af. 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V" ~ a ° 4A'h4N5 gt71tD%ING E4E a Q s~~$$ M tLia ,./J~ NoIiVA3 7 oRMTJpial3~,J SOOZ I -d U-p+ L 71IY i T t'"'J Yt C ^P C-'" J'J' -^`C1 'R` It~'^^ l 4. - -T~^ Z j "I F + '.'i; J , I t a F~ K r 1 .~M C11 J ~~L 1 S I X47 t E tea Y YrtO ~ 1 40 u ourn3l3 aniallne ensaanU u 6 -a n~ y C + ~ j~~{ r. ,^}1 I ~ S a_s. $9 ci 7 4 ill t 7. .4 M ( t L - I~ _ I s m 3 aromine is3MU } E4 L11-1,1ALTI I -41 - " lit A313 JMallne M1no5,~ ►+.r~.. - k ~ ~ it i ° (I~.: T L:.~ II - F_ , 4~~ ~ ~ I I I 71- n . --GFTrE11~St;~ KEY- Iz_.^ Vf~ Vtj zr z T. 5 i Y a syj - 7 s _ at L :K 4 ii 1 l i i r, rTl© 1-::: Ln AN7 A 4 i„ow. " 9 ~ a ELEV010NS N eu}w}Nc + W N 1 1 I ( - tJ r I a I 1 u I I p I r- I L - =41f PF II ' I I I I I pg i r I I i r I I ~ I I L- J L- J L- J L- J --jj I ( I I I I I 1 D e ETHAN ALLEN RETAIL DESIGN o -L- :y ° g 8 FLOOR PLAN OPTION 1 1622 Main Avenue I Fargo, ND 58103 Phone: I-87.77.297.9696 I Fax: 701-297-96971 www.indlgoslgnworkS.COnt tin 11 21 31 d~ 51 6: • Oppidan Investments, Inc, Tenant Monument 55T2 62 Data MayS, 2008 lS Sales Representative: Erik Sagely I Bob Wale alarm ar. nxc X 72 1/2' Page Scale: Page Size: 11 ]f x x 17 ` M M1tmmmenr Quanetr I Double Sided Illundrialcil i Cabinet Pafiled Black Hard DMilar0ois on Face Cabinet Site: 72.5' x 62' Base Pointed: NM1 Beige CIO ' I y Z 40 CA I j ~ r 1 2111 Due la tae Am4nnons of the pananp pmcass. Ipo mrom shwm my not renucl actual colas. EFFINNIIIN O.PPIDA,,' &ilder of towns. Creator of value. 5125 COUNTY ROAD 101 • 4100 • MINNETONKA, MN 55345 • PHONE: 952/294••0353 FAX: 952/294.0151 WED: www.oppidan.com May 16, 2008 Mr. Michael Ridley, AICP City Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 RE: Ethan Allen Building Eagan Promanade Dear Michael: This letter shall serve as a brief narrative for the application and request to modify the PD for the former Ethan Allen building within the Eagan Promenade. Changes are outlined below and include: SITE PLAN: • The driveway in front of the building has been narrowed to 24feet from 30 feet. There is still ample room for truck movements and deliveries to the building. • The islands in front of the store have been shifted to allow for head in parking against the building. • The overall parking has been increased to 130 stalls from the current 122 stalls. • A monument sign has been added along Yankee Doodle for tenants of the building to use for street signage. • Landscaping remains unchanged. The modifications to the site plan will allow for better flow and parking within the site. The belief is that there will be more than one tenant in the building, therefore the head in parking will be more attractive. Further, the handicap stalls are now right against the front curb, instead of across the main drive aisle. BUILDING ELEVATION: • The building elevation has been modified to incorporate potentially 5 separate users. • The color of the building has been changed to allow for a more multi-tenant look. • The main architectural elements of the former user were created in a smaller version, to give the building more balance and appeal to the customers and tenants. RECEIVED PAY 2 0 20U~ • Windows and doors have been added to allow for more visibility and appeal of the space to customers and tenants. The modifications to the building are designed to allow for a multiple tenant facility and more curb appeal for the building. The modification will enhance the tenant prospects for the facility and also provide a more pleasant customer environment. SIGNAGE: • The front elevation has been modified to have five separate sign areas. Four (4) of the areas are 3'2" x 18'28" (57.6 s.f.) and the center sign is 100 s.f., for a total of 330.4 s.f.. • The total front signage is just under 10% of the wall area being signed. • The south elevation has been modified to have five separate sign areas. Four (4) of the areas are 2'4" x 9' 8" (22.6 s.f.) and the center sign is 42 s.f., for a total of 132.4 s.f. • The total south elevation signage is approximately 5% of the wall area being signed. • The monument sign proposed is design to be 9'4" high, with a 3'4" base and a 6' high panel. • There would be 4 separate tenant panel, excluding the endcap user along Yankee Doodle. • The base materials would be consistent with the pylon signs for the development • Additional side details and a cap can be added to match the pylon sign details • All signs will be individual letter and on raceways. Signage is a critical component to the success for the various tenants. The intent is to allow the standard storefront signs and give the tenants the maximum exposure to Yankee Doodle to attract customers. This is designed to highlight the changes to the building. We feel that the changes to the physical building and the addition of multiple tenants should enhance the center and the opportunities for the residents of the City. If you have any questions or need further information, please call. Sincere Paul J. Tuccl CC: Joe Ryan Jay Moore RECEIVED AY '7 rl 7lJf!P Agenda Information Memo July 1, 2008, Eagan City Council Meeting C. PLANNED DEVELOPMENT AMENDMENT - MFC PROPERTIES ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Planned Development Amendment to allow a drive-through operation and parking lot reconfiguration at 1250 Town Centre Drive, legally described as part of Lot 4, Block 1, Town Centre 100 6th Addition, subject to the conditions in the APC Minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The proposed modifications subject to this application include a drive-up window on the west side of Building D, modifications to the parking area serving this building to accommodate the new circulation pattern and to provide parking directly in front of the storefronts. ➢ The subject site is located across the street from Best Buy. Additional improvements to update the appearance of the 20 year old building(s) are also planned for 2008. ➢ The owner does not have a specific tenant in my mind but is interested in positioning the center to take advantage of the location to attract a national retailer. ➢ The APC held a public hearing on June 24, 2008 and they are recommending approval. ISSUES: None 60-DAY AGENCY ACTION DEADLINE: July 20, 2008 ATTACHMENTS (3): Location Map on page June 24, 2008 Draft APC minutes on page Planning Report, pages i .~L5" through /:5 3 Eagan Boundary Right-of-way a Location Map oPPaark Are AreeKea Q Building Footprint v p s M1 a K O e D K ~ P~..yy rlnrr g © Q Subject Site uU CODHA KO~D NO.r~ (7W K[! O I ° 13 Q ~1 0 C` 0 J,, J1,1 111 do 00U ULU t 0 o o t~ _Jr O n6 ea ~o p Q a _ a ° ° o0 ~ p d 5 s Da EE` C o i a a l u8 0 oQ 0 Da p O o 9 6 oan.wa...r 6O O n 4 S L 3 D A n 4 p _ Q 0 0~ 13 s p ~y c O ~ d 4 o d 4 d p < 00 ~ _ e r.~.t Y U 4 ❑ A 9 4 4 T y 1000 0 1000 2000 Feet Development/Developer. Town Centre Shoppes Application: Planned Development Amendment Case No.: 15-PA-11-05-08 N jJ► THIS MAP IS INTENDED FOR REFERENCE USE ONLY Cit of Ea W+E ° The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S Cernmunny Dsv.l.pawnt Department not responsible for errors or omissions. l APC Minutes June 24, 2008 Page 3 of 6 B. Town Centre Shoppes 08 Applicant Name: MFC Properties 15 L.P. Location: 1248-1272 Town Centre Drive Application: Planned Development Amendment A Planned Development Amendment to allow a drive-thru service window. File Number: 15-PA-11-05-08 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated June 17, 2008. He noted the background and history. Vice Chair Chavez opened the public hearing. There being no public comment, Vice Chair Chavez closed the public hearing and turned the discussion back to the Commission. Member Keeley moved, Member Heaney seconded a motion to recommend approval of a Planned Development Amendment to allow for the addition- of a drive-through window, modification of the internal parking and circulation design and revised landscaping for the existing retail building located at 1250 Town Centre Drive, legally described as part of Lot 4, Block 1, Town Centre 100 6th Addition subject to the following conditions: 1. The Planned Development Amendment shall be recorded at the Dakota County Recorder's Office within 60 days of City Council approval. 2. Interior parking and circulation modifications shall be in accordance with the Site Plan dated 6-13-08. 3. The applicant shall submit a Landscape Plan that adds over-story trees to the parking lot islands for staff review and approval with the Building Permit application. A vote was taken. All voted in favor. Motion carried: 4-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: June 17, 2008 CASE: 15-PA-11-05-08 APPLICANT: MFC Properties HEARING DATE: June 24, 2008 PROPERTY OWNER: Same APPLICATION DATE: May 21, 2008 REQUEST: Planned Development Amendment PREPARED BY: Michael .I. Ridley, AICP LOCATION: 1250 Town Centre Drive COMPREHENSIVE PLAN: Special Area - Retail Commercial ZONING: PD - Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow for a drive-through operation, modifications to internal the parking/circulation design and landscape modifications for the existing retail building located at 1250 Town Centre Drive, legally described as part of Lot 4, Block 1, Town Centre 100 6`" Addition. AUTHORITY FOR REVIEW PD Amendment: Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. While the request is for a PD Amendment, on-sale liquor typically requires a CUP and the review of this application should be based on that standard. Subdivision 4D, Conditions, states that in reviewing applications of'conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem Planning Report - MFC Properties June 24, ?008 Page ? necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUNDMISTORY The subject building makes up one of a four building retail strip, anchored by the new Walgreen's store (completed in 2007), that wraps around the southeast intersection of Town Centre Drive & Denmark Avenue. The three Town Centre Shoppes buildings were constructed in 1988 and 1989. EXISTING CONDITIONS The property is currently zoned PD and guided Special Area - Retail Commercial. The three Town Centre Shoppes buildings contain retail and service tenants in a total of approximately 45,000 sq, ft.. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Retail/Commercial PD, Planned Development SA - S ecial Area South CDA Offices and PD, Planned Development SA - Special Area Multi-Family Residential East Retail/Commercial R-1, Single Family SA - Special Area West Retail/Commercial PD, Planned Development SA - S ecial Area EVALUATION OF REQUEST Proposal The proposed modifications subject to this application include a drive-up window on the west side of Building D, modifications to the parking area serving this building to accommodate the new circulation pattern and provide parking directly in front of the storefronts. Related but not part of this Planned Development Amendment application is the property owner's plan to update the appearance of all three of their buildings. MFC has hired the same architectural firm that designed the exterior remodel of the Eagan Town Centre buildings (Rainbow through Old Chicago.) The updated design package will include more contemporary forms, colors, materials, sign bands and accent lighting. In addition, MFC is planning to replace Planning Report - M1=C Properties June 24, 2008 Page 3 the roofs on all three buildings and change out of older HVAC equipment to higher efficiency units. All improvements are planned for 2008. Access/Circulation - Engineering has reviewed the proposed drive-through lane and other internal parking configuration changes and has no concern. Green Space - The property in question was developed prior to green space requirements; however, the proposed parking lot reconfiguration will result in a net increase of 1,200 SF of green space. Landscaping - Perimeter landscaping to screen parking areas installed during the initial construction has matured and, according to the applicant, is causing site line issues from adjacent streets to the buildings which is resulting in a lack of visibility to tenant signage. The applicant is proposing to remove up to six perimeter evergreen trees to address this concern. In recent discussions with staff, the applicant has agreed to mitigate that loss by adding at least two overstory trees to each of the existing and new parking lot islands that currently contain only low-growing shrubbery. The new deciduous parking island trees will enhance the appearance of the center and parking areas, will provide shady areas in the parking field as they mature and will not obstruct site lines from adjacent streets to tenant space signage. A Landscape Plan should be provided for staff review and approval with the future Building Permit application. SUMMARY/CONCLUSION The proposed amendment and other planned improvements move toward modernizing the appearance and functionality of the twenty year old retail facility. The site circulation modifications appear to work well and Landscape modifications should enhance the visibility and appearance of the site for the long term. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow for the addition of a drive-through window, modification of the internal parking and circulation design and revised landscaping for the existing retail building located at 1250 Town Centre Drive, legally described as part of Lot 4, Block 1, Town Centre 100 6"' Addition. If approved, the following conditions shall apply: 1. The Planned Development Amendment shall be recorded at the Dakota County Recorder's Office within 60 days of City Council approval. Planning Report - MFC Properties June 24, 2008 Page 4 2. Interior parking and circulation modifications shall be in accordance with the Site Plan dated 6-13-08. 3- The applicant shall submit a Landscape Plan that adds over-story trees to the parking lot islands for staff review and approval with the Building Permit application. Eagan Boundary Right-of-way Location Map o Parcel Area Park Area Building Footprint 1777 ~7 C? l_ -ll M -~r- 13 9 are Q ~ r ~ ~ ~ © a Subject Site a COUNnr AOAb U6 rVANKCC b AD) Ml (3 = c3 G'~ - Q ~ o fl Q t _o Duo , o ~ ~ Cam,:- = CO O ~ ~ 00 OQ DO DQ OQO ODO t oooooi~ _ Q ° 0 C3 Q~ q 0 o P ~o o a sa _ ~ ~,3 eaao ~ ~ eura.eeeoere F - - t tad a a t7 ~ t'.J' LL-9 `L. .7 nl3_LL~r3' oP 0 Q P_ d , 1,4 - a• 4 6 p _ p0 0~ p = 3 n D a ,p sd, q g o r~ 4 a D 4 a q o 0 - Q' v o - o D 0. Ell IId - o o c p 6 - ❑ to-~ - 9 1000 0 1000 2000 Feet Development/Developer: Town Centre Shoppes Application: Planned Development Amendment Case No.: 15-PA-11-05-08 N r oL p THIS MAP IS INTENDED FOR REFERENCE USE ONLY w of Ea E City p The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S commmay Dovelopmont Department not responsible for errors or omissions. TVMI CEMAE DM'E m.m aims o s rw. u.ln owt - /Q = S - 71 0-1 f { BUILDING 8 BUILDING C b 6_ O\dC' 4.•'Ns 11LDING C WALLGREENS V\~ tit 9 AN R! IACE Ad 17 (IN \ ( GYMALL MIr RAN n InW 1 6,nSL:z ,nW 0, LEGEND tS{~I w • nwm •u..s[ •aro.+./•prAx.ottt ,ar C g tW EWE a ~ - nvmm .+R r4K •aueR.wvrC fE1Ya 1It Cl. U • wowm room tw • wa •ase ~il Z U ream S1ai.~ sw o•+..a .as ~n 3 -...-r.wv swn.r snw -.-oormc .amua N O ..vow ansaw - -mnG swn•r ss+o p r•oo~ m~acn -n-ms..c sma sna O nm~aremw,r.nrwms -a-Ee+ms .wm ••'U[ momm w.* a*+ en...ws - • -mse •tES•c ,K •e- noocm oarw, --tesne nwm mAVt urc MagU! ®N .~i~ M+va -n-lallw• .nIE R,EMla 1r[ 'I'T -o-4r rt+a D~.c a.mr lAfY4■DELa ci RECEIVED JUN 13 2008 < ARCHITECTURAL Q ,,p Q Q Q Q CONSORTIUM LLC. wllbttiMlSS,.t Sub fro N}~YnI3A K.:bw ,W O! 1D...es,ew a.31 /n313Nf4Pw R Mawr: sw a. USA Prxy IT MKIIIA 91515 _ m L LL J _jj~VIFC _ r "VArOg- tsn,aro rK.y'Pl'. NWSTI" g Rm A"ON• UASWO AIL Key Plan fr Nlrk AMSbn/mw Dal. MIME 4iVY L`11 .W wq Ir DRhOKt_~ ~'f n,f4.em. OK I,n,.r•aDn Dw3~ .n.l t/fO~,• • t fRwf !~@~DYI DMIW@ .WffODD M"r DRt a Y MWVATION- H H 3 RTH eISVATION- N94 RTN eLCVATION- HSI F-- n ITT T T T I T T T T 1 4, ` <AO, .nY ~pnOR MK ,pre P.I..W~ [>s,. ~ ~ I awD.. a. Ms D" TOWN CENTRE <D..~ D •M , .D.,,.., K < ,.Dw,...K ~....,x...m. SHOPPES - 1CD@~A!<fD 31tt<Q m. .Owl m. e,oO m. D.gfM (tYJlm DVOKbapllm OSaq m, ►esr RLEVAnoN FACADE REMODEL p ( I I I I EAGAN. MN ~<D..~D.• epsa.». D,M..Yf OD,DV.I.ODR ~ --~--.•~~..-.~_._...~.__._j_ EXTERIOR D.a.D,..n,.. ®D.D Sm. 0 •,wDl.f[JD. - nanoI I ( ELEVATIONS - [IF 0 _ BUILDING' I ~Df..D.r.D,. D.f,Dr D...uwfers..m f f o,a<w.t , w w+smme:'~°.~n° ec~~ r"is.uouiiilnn roi w•"'~+m •~•i_ : .r.~ Dmw~ f ~m.o row a. .~nfa w.+, nu<asos orvrt Kr.<.nsc w.wm taaa L ED S 6 Ardlllocluml Consor0um, LLC. 2000 P M HONE (6511 452-3303 FAX: (651) 482-3362 \Nv^y mfcproper-des .com PROPERTIES CORPORATION MEMORANDUM DATE: May 20, 2008 (Revised May 28, 2008) TO: Mike Ridley City of Eagan FROM: Bruce Miller WC Properties Corporation RE: Town Centre Shoppes Planned Development Amendment MFC Properties Corporation is requesting a PD Amendment to allow for the construction of a drive-thru at its Town Centre Shoppes project located in the southeast quadrant of Town Centre Drive and Denmark Ave. In conjunction with the drive-thru request, MFC is presenting to the City its proposed plans to complete an extensive remodel of the balance of the shopping center. Town Centre Shoppes consists of four (4) separate buildings; buildings A, B, C and D. MFC owns buildings A, C and D and Walgreen's owns its own facility in building B. The proposed remodel is for buildings A, C and D.. MFC hired Kathy Anderson with Architectural Consortium, LLC to prepare the remodel plans. Kathy is the same architect who recently prepared the plans for the Eagan Town Centre project. The updated architectural design will add more contemporary forms, particularly in the sign areas and parapets above the glass line, and remove the existing "wagon wheel" theme. Decorative lights and brick accent piers will also be added. The existing buildings currently have a base of green glazed concrete block under the windows which will be covered by a modern brick. The brick will match the colors of the new Walgreen's building in order to give the overall center a more consistent look. The existing portions of the buildings that are stucco are to be entirely repainted with complementary colors. In addition, MFC will be investing in replacement of the roofs on all three buildings as well as upgrading some of the HVAC equipment to higher efficiency units. In conjunction with installing the drive-thru, MFC is proposing to reconfigure the parking and landscape areas in front of building D much like what was recently done at Eagan Town Centre. Currently customers have to walk over a large, rather unsightly, concrete area to gain access to the tenant spaces. MFC is proposing, at the time it installs the drive- thru, to reconfigure the parking lot to provide parking directly in front of the storefronts. This will significantly enhance more convenient access for customers of the tenants. In addition the reconfiguration of the parking lot will allow for a couple of larger landscape areas. MAY 2 8 2008 u By /3 A Memo - City of Eagan Town Centre Shoppes - PD Amendment Page 2 There currently are 63 fully mature, overstory trees in the boulevard on Town Centre Drive and Denmark Avenue. In the past, in an effort to improve public safety, the City cut the bottom 6' of branches off several of the trees. MFC is now requesting to remove six (6) of the pine trees and replace them with a low story conifers to increase site lines to the project and pylon signs. Two (2) trees would be removed and replaced in front of each of the buildings A, C and D. The net effect will be no reduction in plant material and better sight lines to and from the shopping center. The current retail uses of the site will not change as a result of the drive-thru but will allow MFC the opportunity to pursue national tenants that require drive-thru service. The drive- thru will have no impact on city services, such as sewer, water, storm run-off and roads. As a matter of fact, as a result of the lot reconfiguration, the center will actually pick up about 1,200 square feet of additional landscape area. The uses of surrounding properties include retail, restaurant and office. The remodel of Town Centre Shoppes will have a very positive impact on the neighboring properties by making the buildings and property more desirable and attractive. 1:\MFC 15 LTD\MrMO-CityotEogaa(Namtive-TCS Remodel) doc 5 J r Agenda Information Memo July 1, 2008 City Council Meeting VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE A. DISCUSS APPOINTMENT TO GRANT EVALUATION AND RANKING SYSTEMS (GEARS) COMMITTEE. ACTION TO BE CONSIDERED: To discuss interest amongst the City Council to serve on the GEARS Committee. FACTS: • Included in the 2008 Comprehensive Transportation Bill that was passed into law was a provision for a'/4 cent metro sales tax. • Each of the seven metropolitan counties had the choice whether to levy the tax, which will be dedicated towards transit. Dakota County voted to levy the tax. • As part of the legislation, a GEARS Committee will be created, made up of one county commissioner from each County that is levying the tax and one additional elected city official from each County. • The city participation on the GEARS Committee is based on population, and therefore will include one elected official from Anoka, Dakota, and Washington Counties, while Ramsey County will have two elected officials and Hennepin County will have three elected officials on the committee (8 people total). • Mayor Maguire has expressed his strong interest in serving as Dakota County's elected city representative on the GEARS Committee. The Mayor was offered the opportunity to serve on the screening committee for the GEARS Committee applicants, but turned down the request given his desire to be a Board member. • Metro Cities, the lobbying organization in which Eagan is a member, was assigned, by statute, the task of conducting an election to select the city representatives on the GEARS Committee. • Applications to serve on the GEARS Committee are due July 14. The screening committee will review applicants on the morning of July 21, and will then recommend no more than three applicants from each district. On the afternoon of the 21 S`, each City present at the GEARS Committee election meeting will have the opportunity to hear from the applicants in their district, which will be followed by a vote of those in attendance. Each City gets to vote for one person in their district. • If it is the consensus of the Council to endorse Mayor Maguire to serve on the GEARS Committee, a letter will be sent to the Metro Cities, along with the application, stating the Council's endorsement for Mayor Maguire's application. Likewise, a letter would be sent to all of the cities in Dakota County, and the County Commission, to inform them of Mayor Maguire's interest in serving on the Committee. ATTACHMENTS: 0 Enclosed on pages through A3is the application for the GEARS Committee. C MM ETRO CITIES Association of Metropolitan Municipalities We Urge Your City to Send a Delegate to Vote for Your GEARS Committee Representative!!! Dear Mayor and Council Members: In April, a letter was sent from Metro Cities to each of your communities with preliminary information on an election process to fill positions on the Grant Evaluation and Ranking System (GEARS) Committee for cities in Anoka, Dakota, Hennepin, Ramsey and Washington Counties. The following packet is the follow-up information to that letter outlining the finalized elections process. Election Date: July 2 Applications for the GEARS Committee Due: July 14th Location/Time: League of Minnesota Cities Building - Screening Board from 8:00 a.m. to 12:00 a.m. State Capitol - General Election 1:30 p.m. - 3:00 p.m. Background: The 2008 Transportation Finance Bill, Chapter 152, grants authority to Metro Area Counties to form a joint powers board and implement a quarter cent sales tax for transit purposes in the seven county Metropolitan Area. Five of the seven counties have entered into a joint powers board agreement and levied the tax. These five counties have formed the Counties Transit Improvement Board (CTIB). In accordance with the new law, a Grant Evaluation and Ranking System (GEARS) Committee, consisting of eight elected city officials, five county commissioners and the chair of the Met Council Transportation Committee is to be created for the purpose of ranking and evaluating eligible transit projects for submission to the CTIB. Metro Cities was assigned, by statute, the task of conducting an election to select the city representatives on the GEARS committee. Elections Process: The informational packet includes the following: • An outline of the rules and elections process (Light Yellow) • An application for the GEARS Committee (Blue) • An RSVP card (Gold) • A letter from the CTIB requesting the city appointments to the GEARS committee, including: (White) o An outline of the GEARS committee members responsibilities as found in law (Green) o An outline of anticipated time commitment for GEARS participants (Pink) o Eligible expenditures for the quarter cent sales tax and a letter from the Department of Revenue outlining projected revenues (Purple) Metro Cities appreciates your city's willingness to participate and we look forward to working with everyone on July 215`. If you have any questions please contact Sarah Erickson at 651-215-4003 or sarah@amm 145.org Sincerely, anis Callison Mayor, City of Minnetonka President, Metro Cities 145 University Ave W • St. Paul, MN 55103-2044 c Phone (651) 215-4000 • Fax (651) 281-1299 • www.amml45.org RULES for the ELECTION PROCESS HF 2800 (Chapter 152) - Cities in participating counties are guaranteed at least one vote on the GEARS committee per county and one additional vote for every 400,000 people. Population numbers: We will be using population estimates calculated by the Metropolitan Council under M.S. 477A.011, Subd. 3. Anoka: 328,614 - 1 City Rep on the GEARS Committee Dakota: 391,613 - 1 City Rep on the GEARS Committee Washington: 228,103 - 1 City Rep on the GEARS Committee Ramsey: 515,059 - 2 City Reps on the GEARS Committee St. Paul: 286,620 Suburban: 228,439 Hennepin: 1,152,508 - 3 City Reps on the GEARS Committee Minneapolis: 387,970 *Suburban North: 370,359 *Suburban South: 391,256 Eight City Seats Total: Minneapolis and St. Paul will have standing appointments as one of the Hennepin and Ramsey County GEARS Committee representatives. The cities of Minneapolis and St Paul will not participate in the elections process, but will instead appoint a representative from their respective cities. Rationale: St. Paul has half the population in Ramsey County and Minneapolis has one third the population in Hennepin County. Voting Procedure for Six Remaining Seats: • Each city will be allowed one vote. The city must designate its delegate on the attached RSVP form. • Voting will be done on written secret ballot. *Roughly dividing by: Hwy 12/ 394 Contact Information Sarah Erickson 651-215-4003 sarahAamm 145.= f June 9, 2008 DAY OF THE ELECTION - Monday, July 21" 2008 8:00 a.m. -12:00 p.m. • Screening Board (SB) - A screening board will be responsible for screening all applicants who wish to be participating members of the GEARS Committee. The SB will submit no more than three candidates from each of the six geographic districts: Anoka, Dakota, North Hennepin South Hennepin Ramsey and Washington. • The Screening Board is made up of mayors of cities with the largest populations from the six designated geographic areas who are not running for the GEARS committee. o Anoka - TBA o Dakota - Burnsville: Mayor Elizabeth Kautz o Hennepin - South: Bloomington: Mayor Gene Winsted & North: Brooklyn Center Tim Willson o Ramsey - Maplewood: Mayor Diana Longrie o Washington - Cottage Grove: Mayor Sandra Shiely 12:00 - 1:30 - Lunch (additional screening time if necessary and SB deliberation) (Transition from the League Building to the Capitol) 2:00 - 3:00 p.m. P Election of Gears Members - All elected officials will report to room 123 of the State Capitol. There will be a brief welcome and introduction followed by all cities breaking up into groups by counties. o Room 107 - Ramsey County City Delegation o Room 112 - Dakota County City Delegation o Room 15 - Anoka County City Delegation o Room 123 - North and South Hennepin County City Delegation o Room 318 - Washington County City Delegation • City Deliberation - The chosen candidates will be introduced and allowed to give a brief introduction and rationale for his/her appointment. A brief Q & A session will be moderated by staff, with a secret written ballot process to follow. • Who is Allowed to VOTE - o Each city in attendance will have one vote - ■ Example: Each City in Anoka County will have one vote and be voting for the Anoka County Representative on the GEARS Committee in room 15 of the Capitol. o The city must name its delegate voter on the RSVP card The candidate who receives the most votes in each geographic district wins. Contact Information Sarah Erickson 651-215-4003 METRO sarahnamm145.ore June 20, 2008 CITIES Application for GEARS Committee Candidate Instructions: • This application must be returned to Metro Cities by July 14`h in order to be eligible to participate in the elections process. • The applicant must be an elected official • A city may submit the name of only one elected official for application to the GEARS committee. • Any Mayor participating on the Screening Board is not eligible to run as a GEARS committee candidate. • The application may be completed manually and mailed back to Metro Cities or it may be filled in online at amn1145.gKg and submitted electronically to lauriegamm145.org Metro Cities 145 University Ave. W St. Paul, MN 5 5 1 03-2044 On a separate sheet of paper or electronically please answer the following questions: 1) Please describe your regional and long term vision for metropolitan area transit. 2) Please describe your experience in public service. 3) Please describe any interest or experience dealing with transportation particularly transit. 4) Please outline any additional participation in other metropolitan or statewide organizations and your record of participation. 5) Please add any additional remarks you think might be helpful. Counties Transit Improvement Board A Joint Powers Board of the Counties of Anoka, Dakota, Hennepin, Ramsey and Washington June 19, 2008 The Honorable Jan Callison, President Metro Cities 145 University Avenue West Saint Paul, MN 55103 Dear Mayor Callison: On behalf of the Counties Transit Improvement Board (CTIB), I am writing to request that the Association of Metro Municipalities hold, as soon as practical, the election of the city representatives to the CTIB's Grant Evaluation and Ranking System (GEARS) committee. As you may be aware Anoka, Dakota, Hennepin, Ramsey and Washington Counties have created the CTIB in order to administer the new quarter-cent sales tax for transitway development in the five counties. We are very excited about this new dedicated source of revenue and the system of transitways it will build which will allow us to better serve the residents and businesses of the five- county area. We appreciated the city's support for the transportation bill this year and welcome the participation of the cities in the evaluation process. We believe the new law acknowledges the important role of local elected officials in identifying needs and implementing these critical transit projects. The GEARS committee will consist of five county commissioners appointed by the county boards, eight city officials and the chair of the Metropolitan Council Transportation Committee. The GEARS committee will be responsible for ranking and evaluating eligible transit projects for funding by the CTIB. It is CTIB's intent to act quickly to meet certain urgent funding needs. We anticipate that the CTIB will solicit its first round of grant applications later this summer. This first solicitation will be a streamlined and limited process, in order to address the critical concerns. It is our hope that GEARS will be established within the next month and be ready to start work with us later this fall with this exciting new process. It is our plan to hold a workshop in mid-August to fully brief GEARS committee members on roles, responsibilities and the 2008 grant process. It is important for you to know that the CTIB has only met twice and is working hard to address the issues arising in the development of a new organization charged with such an important responsibility. At this point, we have more questions than we have answers. We will work to keep you informed as we progress. We would appreciate a report on your elections at the next meeting of the CTIB on July 24th. CTIB 477 Selby Avenue, Saint Paul, MN 55102 Counties Transit Improvement Board A Joint Powers Board of the Counties of Anoka, Dakota, Hennepin, Ramsey and Washington June 19, 2008 The Honorable Jan Callison, President Metro Cities 145 University Avenue West Saint Paul, MN 55103 Dear Mayor Callison: On behalf of the Counties Transit Improvement Board (CTIB), I am writing to request that the Association of Metro Municipalities hold, as soon as practical, the election of the city representatives to the CTIB's Grant Evaluation and Ranking System (GEARS) committee. As you may be aware Anoka, Dakota, Hennepin, Ramsey and Washington Counties have created the CTIB in order. to administer the new quarter-cent sales tax for transitway development in the five counties. We are very excited about this new dedicated source of revenue and the system of transitways it will build which will allow us to better serve the residents and businesses of the five- county area. We appreciated the city's support for the transportation bill this year and welcome the participation of the cities in the evaluation process. We believe the new law acknowledges the important role of local elected officials in identifying needs and implementing these critical transit projects. The GEARS committee will consist of five county commissioners appointed by the county boards, eight city officials and the chair of the Metropolitan Council Transportation Committee. The GEARS committee will be responsible for ranking and evaluating eligible transit projects for funding by the CTIB. It is CTIB's intent to act quickly to meet certain urgent funding needs. We anticipate that the CTIB will solicit its first round of grant applications later this summer. This first solicitation will be a streamlined and limited process, in order to address the critical concerns. It is our hope that GEARS will be established within the next month and be ready to start work with us later this fall with this exciting new process. It is our plan to hold a workshop in mid-August to fully brief GEARS committee members on roles, responsibilities and the 2008 grant process. It is important for you to know that the CTIB has only met twice and is working hard to address the issues arising in the development of a new organization charged with such an important responsibility. At this point, we have more questions than we have answers. We will work to keep you informed as we progress. We would appreciate a report on your elections at the next meeting of the CTIB on July 24th. CTIB 477 Selby Avenue, Saint Paul, MN 55102 19.34 12, section 87, or in determining a tax that ma b}%e imposed under any other limitations. 20.1 Subd. 3. Joint powers agreement. Before imposing the taxes authorized in 20.2 subdivision 2 an eligible county must declare by resolution of its county board to be part 20.3 of the metropolitan transportation area and must enter into a joint powers agreement. The 20.4 joint powers agreement: 20.5 (1) must form a joint powers board as specified in subdivision 4, 20.6 (2) must provide a process that allows any eligible county, by resolution of its county 20.7 board to join the mint powers board and impose the taxes authorized in subdivision .2- 20.8 (3) may provide for withdrawal of a participating county before final termination of 20.9 the agreement; and 20.10 (4) may provide for a weighted voting system for joint powers board decisions. 20.11 Subd. 4. Joint powers board. (a) The. oint powers board must consist of one 20.12 or more commissioners of each county that is in the metropolitan transportation area, 20.13 appointed by its county board and the chair of the Metropolitan Council, who must have 20.14 voting rights subject to subdivision 3 clause (4). The joint powers board has the powers 20.15 and duties provided in this section and section 471.59. 20.16 (b) The joint powers board may utilize no more than three-fourths of one percent of 20.17 the proceeds of the taxes imposed under this section for ordinary administrative expenses 20.18 incurred in carryin out ut the provisions of this section. Any additional administrative 20.19 expenses must be paid by the participating counties. 20.20 (c The joint powers board may establish a technical advisory group that is separate 20.21 from the GEARS Committee The group must consist of representatives of cities, counties, 20.22 or public agencies including the Metropolitan Council. The technical advisory group 20.23 must be used solely for technical consultation purposes. 20.24 Subd. 5. Grant application and awards; Grant Evaluation and Ranking System 20.25 (GEARS) Committee. (a) The join powers board shall establish a grant application 20.26 process and identify the amount of available funding for grant awards. Grant applications 20.27 must be submitted in a form prescribed by the joint powers board. An applicant must 20.28 provide in addition to all other information required by the joint powers board, the 20.29 estimated cost of the project the amount of the grant sought, possible sources of funding 20.30 in addition to the grant sought and identification of any federal funds that will be utilized 20.31 if the grant is awarded A grant application seeking transit capital funding must identify 20.32 the source of money necessary to operate the transit improvement. 20.33 (b) The joint powers board shall establish a timeline and procedures for the award of 20.34 grants and may award grants only to the state and political subdivisions. The board shall 20.35 define objective criteria for the award of grants which must include but not be limited to, 20.36 consistency with the most recent version of the transportation policy plan adopted by the 21.1 Metropolitan Council under section 473 146. The joint powers board shall maximize the 21.2 availability and use of federal funds in projects funded under this section. 21.3 (c) The joint powers board shall establish a GEARS Committee, which must consist 21.4 of: 21.5 (1) one county commissioner from each county that is in the metropolitan 21.6 transportation area appointed by its county board; 21.7 (2) one elected city representative from each county that is in the metropolitan 21.8 transportation area; 21.9 (33) one additional elected city representative from each county for every additional 21.10 400,000 in population or fraction of 400,000, in the county that is above 400,000 in 21.11 population; and 21.12 (4) the chair of the Metropolitan Council Transportation Committee. 21.13 (d) Each ci representative must be elected at a meeting of cities in the metropolitan 21.14 transportation area which must be convened for that purpose by the Association of 21.15 Metropolitan Municipalities. 21.16 (e) The committee shall evaluate grant applications following objective criteria 21.17 established by the joint powers board and must provide to the joint powers board a 21.18 selection list of transportation projects that includes a priority ranking. 21.19 (fLgrant award for a transit project located within the metropolitan area, as defined 21.20 in section 473.12 1subdivision 2 may be funded only after the Metropolitan Council 21.21 reviews the project for consistency with the transit portion of the Metropolitan Council 21.22 policy plan and one of the following occurs: 21.23 (1) the Metropolitan Council finds the project to be consistent; 21.24 (2) the Metropolitan Council initially finds the project to be inconsistent, but after a 21.25 good faith effort to resolve the inconsistency through negotiations with the joint powers 21.26 board agrees that the grant award may be funded; or 21.27 (3) the Metropolitan Council finds the project to be inconsistent and submits the 21.28 consistency issue for final determination to a panel which determines the project to be 21.29 consistent The panel is composed of a member appointed by the chair of the Metropolitan 21.30 Council a member appointed by the joint powers board and a member agreed upon by 21.31 both the chair and the joint powers board. 21.32 (g) Grants must be funded by the proceeds of the taxes imposed under this section, 21.33 bonds notes or other obligations issued bathe joint powers board under subdivision 7. 21.34 (h) Notwithstanding the provisions of this subdivision, in fiscal year 2009, of the 21.35 initial revenue collected under this section the joint powers board shall allocate at least 21.36 $30 783 83,000 to the Metropolitan Council for operating assistance for transit. 22.1 Subd. 6. Allocation of grant awards. (a) The board must allocate grant awards 22.2 only for the following transit purposes: 22.3 capital improvements to transitways including but not limited to, commuter 22.4 rail rolling stock light rail vehicles, and transitway buses; 22.5 (ii) capital costs for park-and-ride facilities as defined in section 174.256, 22.6 subdivision 2; 22.7 (iii) feasibility studies planning alternatives analyses, environmental studies, 22.8 engineering, grope acquisition for transitwgy purposes and construction of transit 22.9 ways; and 22.10 (iv) operating assistance for transitways. 22.11 (b) The joint powers board must annually award grants to each minimum guarantee 22.12 county _in an amount no less than the amount of sales tax revenue collected within that 22.13 county. 22.14 (c) No more than 1.25 percent of the total awards may be annually allocated for 22.15 planningstudies design construction maintenance and operation of pedestrian programs 22.16 and bicycle programs and pathways. a joint 22.17 Subd. 7. Bonds. (a) The joint powers board or any county, acting under 22.18 powers agreement as specified in this section may, by resolution authorize, issue, and sell 22.19 its bonds notes or other obligations for the purpose of funding grants under subdivision 22.20 6 The joint powers board or coup may also by resolution issue bonds to refund the 22.21 bonds issued pursuant to this subdivision. 22.22 (b) The bonds of the joint powers board must be limited obligations, payable solely 22.23 from or secured by taxes levied under this section. 22.24 (c) The bonds of any county maybe limited obligations payable solely from or 22.25 secured by taxes levied under this section A countm!qYalso pledge its full faith, credit, 22.26 and taxi, power as additional security for the bonds. 22.27 (d) Bonds may be issued in one or more series and sold without an election. The 22.28 bonds shall be secured bear the interest rate or rates or a variable rate have the rank or 22.29 priority, be executed in the manner, be payable in the manner, mature, and be subject to 22.30 the defaults redemptions repurchases tender options or other terms, and shall be sold 22.31 in such manner as the joint powers board the regional railroad authority, or the county 22.32 may determine. 22.33 (eZThe oint powers board or any regional railroad authority or any county may 22.34 enter into and perform all contracts deemed necessary or desirable by it to issue and secure 22.35 the bonds including an indenture of trust with a trustee within or without the state. 23.1 (f, Except as otherwise provided in this subdivision the bonds must be issued and 23.2 sold in the manner provided under chapter 475. 23.3 (g) The joint powers board or any regional railroad authority wholly within the 23.4 metropolitan transportation area also may authorize issue and sell its bonds notes or 23.5 other obligations for the purposes, and in accordance with the procedures set forth in 23.6 section 398A.07 to fund grants as provided in subdivision 6. The bonds of any regional 23.7 railroad authority may be limited obligations, payable solely from or secured by taxes 23.8 levied under this section. A regional railroad authority may also pledge its taxing powers 23.9 as additional security for the bonds, 23.1o Subd. 8. Allocation of revenues. After the deductions allowed in section 297A.99 23.11 subdivision 11, the commissioner of revenue shall remit the proceeds of the taxes imposed 23.12 under this section on a monthly basis as directed by the joint powers board under this . 23.13 section. 23.14 Subd. 9. Administration, collection, enforcement. Except as otherwise provided 23.15 in this section, the provisions of section 297A.99 subdivisions 4 and 6 to 12a govern the 23.16 administration, collection, and enforcement of the tax authorized under this section 23.17 Subd. 10. Termination of taxes. (a) The taxes imposed under section 297A.99, 23.18 subdivision 1, by a county that withdraws from the joint powers agreement pursuant to 23.19 subdivision 3, clause (3) shall terminate when the county has satisfied its portion as 23.20 defined in the joint powers agreement, of all outstanding bonds or obligations entered into 23.21 while the county was a member of the agreement. 23.22 (b) If the joint powers agreement under subdivision 3 is terminated the taxes 23.23 imposed under section 297A.99 subdivision 1 at the time of the agreement termination 23.24 will terminate when all outstanding bonds or obligations are satisfied The auditors of the 23.25 counties in which the taxes are imposed shall see to the administration of this paragraph 23.26 Subd. 11. Report. The joint powers board shall report annually by February 1 to the 23.27 house of representatives and senate committees having jurisdiction over transportation 23.28 policy and finance concerning the revenues received and grants awarded 23.29 Subd. 12. Grant awards to Metropolitan Council. Any_grant award under this 23.30 section made to the Metropolitan Council must supplement and must not supplant 23.31 operating and capital assistance provided by the state 23.32 EFFECTIVE DATE.This section is effective the day following final enactment 23.33 except that subdivision 2 is effective the first day of a calendar quarter beginning at least 23.34 90 days after the formation of the joint powers board under subdivision 4 This section 23.35 expires October 2, 2008, if the sales and use tax under subdivision 2 has not been imposed Timeline and Time Commitment METRO CITIES of GEARS Committee Members N.oa. an al M.trppoGW MUn upFWProposed Process for the 2008 Grant Solicitation and Award Process: because of the limited amount of time left in the 2008 calendar year and some immediate funding needs, a shorter and more selective process will take place with the proceeds of the quarter cent sales tax. The CTIB will initially be proposing grant applications be limited to five categories for the 2008 grant round. 1) Met Council - legislatively required $30,783,000 2) For operating assistance in qualified transitways 3) For construction funds to complete elements of transitways being constructed in 08-09 4) For financial commitments for a project moving into final design as a part of the FTA New Starts process. 5) Applications from member counties pursuant to Art. VII, Item H, of the Joint Powers Agreement. 2009 Grant Process and Beyond: At this point a timeline or schedule of meetings has not been set by the CTIB. However, staff is anticipating anywhere from ten to twelve meetings a year, with more of those taking place when the GEARS committee is doing its evaluation and rankings. It is thought the meetings will take place during the day and will be staffed by CTIB staff with the location yet to be determined. Contact Information Sarah Erickson 651-215-4003 sarahoamm 145.org June 20, 2008 METRO CITIES Eligible Expenditures The law outlines what qualifies for allocation of the grant awards: 1) capital improvements to transitways, including, but not limited to, commuter rail rolling stock, light rail vehicles, and transitway buses; 2) capital costs for park-and-ride facilities, as defined in section 174,256, subdivision 2; 3) feasibility studies, planning, alternatives analyses, environmental studies, engineering, property acquisition for transitway purposes, and construction of transitways; and 4) operating assistance for transitway No more than 1.25 percent of the total awards may be annually allocated for planning, studies, design, construction, maintenance, and operation of pedestrian programs and bicycle programs and pathways. Also - a grant award for a transit project located within the metropolitan area, as defined in section 473.121, subd 2, may be funded only after the Metropolitan Council reviews the project for consistency with the transit portion of the Metropolitan Council policy plan and one of the following occurs: the Metro Council finds the project to be consistent; the Metro Council initially finds the project to be inconsistent, but after a good faith effort to resolve the inconsistency through negotiations with the joint powers board, agrees that the grant award may be funded; or the Metro Council finds the project to be inconsistent, and submits the consistency issue for final determination to a panel, which determines the project to be consistent. TRANSITWAY CTIB is in the process of developing a transit investment framework which will define transitways and will set the eligibility criteria for the grants. Note that state statue provides the following definition of transitway. It is defined in the 2008 Minnesota Statues, section 473.399 - Transitways; Light Rail Transit and Commuter Rail in the Metropolitan Area. General Requirements - The council must identify in its transportation policy plan those heavily traveled corridors where development of a transitway may be feasible and cost-effective. Modes of providing service in a transitway may include bus rapid transit, light rail transit, commuter rail, or other available systems or technologies that improve transit service. Criteria for the Award of Grants are also outlined in the CTIB's joint powers agreement as follows: The Board shall establish criteria for the award of grants that shall include, but not be limited to: • Grant awards shall be consistent with the most recent version of the Metropolitan Council's Transportation Policy Plan. • Grant awards shall maximize the availability and use of federal funds. • . No grant award made to the Metropolitan Council may supplant operating or capital funding provided to the Metropolitan Council by the state. • No grant award made to the Metropolitan Council may supplant the 50% state share of the non federal operating subsidy for light rail and commuter rail operations. • No grant award shall be made for operating costs of a transitway (except for the n Hiawatha Light Rail Project, the Northstar Commuter Rail Project, Cedar Avenue Bus Rapid Transit Project, and the 35W Bus Rapid Transit Project from downtown Minneapolis south) unless the Board has previously awarded a grant for the capital w costs of the transitway project. • No, grant award shall be made for capital costs of a transitway project unless there is a 10%0 local match for the transitway project. A local match is defined as dollars that are not provided by the state, the Metropolitan Council, or the federal government. r CTIB will 'continue to further define transitways as it moves through the process; however the following examples will not be considered transitways for the purpose of grant eligibility. • Regular route metro transit service Area circulators S i F a a x ,f M.~I Y AI~. 1 J A t „y Contact Information Sarh Erickson sarah(@amm l 45.org June 20, 2008 Iy~f r x 4 Preliminary Estimates 0.25% 5-County Metro Area Transit Sales and Use Tax ($000s) September 2008 to December 2008 $28,800 January 2009 to June 2009. $41,700 Effective date is July 1, 2008. Note: The estimates reflect when revenues would be received by the Transit Improvement Board. The estimates do not include the separate $20 per vehicle motor vehicle excise tax. Laws 2008, Chapter 152, provides for a 0.25% local sales and use tax for the seven metro counties. Five counties - Anoka, Dakota, Hennepin, Ramsey, and Washington - are participating. The 0.25% 5-county metro-area sales and use tax is to be imposed on the same base as the state 6.5% sales and use tax. The tax is to be used for transit and will be remitted to the Transit Improvement Board. • The tax will be effective July 1, 2008. It is expected that the tax on July sales which is remitted to the state in August will be remitted to the Transit Improvement Board (CTIB) 5 days after the last day of August with a reconciliation payment 40 days after the last day of August. This pattern will continue for subsequent months. • The estimate is based on two primary sources: 1) calendar year 2006 sales and use tax statistics produced by the Department .of Revenue, and 2) 12 months of actual collections for the 0.15% Hennepin County sales tax (April 2007 to March 2008). • A total of $28.16 million of sales and use tax collections were reported for the current Hennepin County 0.15% local tax - April 2007 to March 2008. • This $28.16 million for Hennepin County is converted from the 0.15% tax rate to the 0.25% tax rate. The calculated amount for the same period of time (April 2007 to March 2008) at the 0.25% rate is $46.9 million. • Based on the 2006 sales tax statistics, it is assumed that the counties of Anoka, Dakota, Ramsey, and Washington combined are 81.6% of the Hennepin County amounts. • An average annual growth factor of 2% is applied to determine 2008 and 2009 estimates. The average annual growth factor is based on information from Global Insight (April 2008 publication). • Adjustments were included to account for implementation issues and to net out administrative charges. Minnesota Department of Revenue Tax Research Division May 30, 2008 0.25%MetroTransitST / rrs