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09/02/2008 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING September 2, 2008 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE 11. ADOPT AGENDA (At approximately 8:00 p.m. the Council will take a short recess) III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE MINUTES B. PERSONNEL ITEMS C. APPROVE check registers D. APPROVE appointment of law firms to represent the City in general, prosecution, and labor legal services E. APPROVE off-sale liquor license for Kowalski Companies, Inc., dba Kowalski's Eagan Wine Market located at 1646 Diffley Road Y 16' F. APPROVE contract with TKDA for consulting services to develop plans and specifications for the upgrade 1 1 of lighting at Northview Park G. APPROVE subrecipient agreement with Dakota County CDA for administration of CDBG Funding Program 1i,5~4 H. ACKNOWLEDGE request to withdraw development application by Select Senior Living :)4 i ,5- I. APPROVE extension for recording the Final Plat for Red Pine Crossing - Revestors Companies I APPROVE application for exempt permit for Faithful Shepherd Catholic School to conduct a raffle on January 31, 2009 % K. RECEIVE petition to vacate public easement, Diffley Marketplace f_ L. RECEIVE bids and award contract for Contract 08-12 (Coventry Pond NH - Rain Gardens) Al M. APPROVE Change Order No. 1 for Contract 07-07 (Dodd Road I Dodd Parside - Sanitary Sewer Lift Station) 34 N. APPROVE a Final Planned Development for Blue Gentian Corporate Center _a 4. APPROVE consultant agreement for new E-TV Studio and Master Control. V. PUBLIC HEARINGS A. CONDUIT BONDING - Consideration of request by Ecumen for City to act as a Conduit for Bonds for expansion of Centennial House Senior Housing facility in Apple Valley. VI. OLD BUSINESS VII. NEW BUSINESS f A. CERTIFICATION OF PRELIMINARY 2009 BUDGET AND PROPERTY TAX LEVY, setting of Truth-In- Taxation Hearing dates, and consideration of an ordinance amendment to Chapter 2.11 to modify the salaries of the Mayor and City Council to be effective January 1, 2009. B. RESOLUTION -Consider Resolution determining the desirability of issuing up to $10,250,000 in General Obligation Bonds and calling for an election thereon. ? C. CONDITIONAL USE PERMIT -Dart Transit Company - A Conditional Use Permit to allow a 10 foot fence at 800 Lone Oak Road; Lot 2, Block 1, Kwik Trip Addition D. CONDITIONAL USE PERMIT - Pamela Oettinger A Conditional Use Permit to exceed impervious surface in a Shoreland District located at 716 McFaddens Trail; Lot 7, Block 2, Manley Addition Vlll. LEGISLATIVE 1 INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY (There are no items scheduled for this meeting) A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA . 1. APPROVE minutes of the August 19, 2008 EDA meeting. D. OLD BUSINESS E. NEW BUSINESS 1. AUTHORIZL Submittal of DEED Minnesota Investment Fund Application for Expansion of Biothera at %J1 r 3388 Mike Collins Drive F. OTHER BUSINESS G. ADJOURNMENT X. ADMINISTRATIVE AGENDA 1 COUNCIL COMMENTS XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIII. ADJOURNMENT City of Evan 1 o TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 29, 2008 SUBJECT: AGENDA INFORMATION FOR SEPTEMBER 2, 2008 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the September 2, 2008 City Council agenda, the following items are in order for consideration. Agenda Information Memo September 2, 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 August 19, 2008 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the August 19, 2008 regular City Council meeting are enclosed on pages through 4- MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota August 19, 2008 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire Councilmembers Bakken, Fields, Tilley and Hunter. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, August 19, 2008 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and Hunter. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, City Engineer Russ Matthys, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Bakken moved, Councilmember Hunter seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. CONSENT AGENDA Councilmember Bakken moved, Councihnember Hunter seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the August 4, 2008 regular City Council meeting and the July 22, 2008 Special City Council meeting as presented. B. Personnel Items I. It was recommended to accept the resignation of Carrie Sinclair, Skate School Coordinator. 2. It was recommended to authorize the advertisement of a skate School Coordinator. C. It was recommended to ratify the check registers dated August 7, 2008 and August 14, 2008 as presented. D. It was recommended to accept a donation of $405 from Shelby Hanson and fellow employees of Navitaire for the purchase and installation of a memorial park bench in Trapp Farm Park. E. It was recommended to approve the final agreement with Dakota County for the temporary relocation of the Wescott Library to the Civic Arena west mezzanine. F. It was recommended to approve a resolution establishing winter season parking regulations as proposed by the City Engineer for Surrey Heights Drive and authorize the installation of regulatory street signs. G. It was recommended to approve the plans and specifications for Contract 08-08 (Citywide Trail Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, September 11, 2008, H. It was recommended to approve the plans and specifications for Contract 08-12 (Coventry Pond Neighborhood - Rain Garden Improvements) and authorize the advertisement for a bid opening to be held at 1030 a.m. on Tuesday, August 26, 2008. 1. It was recommended to authorize the submittal of a letter of support to DEED for the FIRST Grant application being prepared for the South of the River Intelligent Community Initiative. J. It was recommended to approve the City of Eagan Information Technology Policy. K. It was recommended to accept a $50.00 donation to the Police Department from Residential Mortgage Group. L. It was recommended to accept a $500.00 donation to the Police Department from Anchor Bank. PUBLIC HEARINGS There were no public hearings. Eagan City Council Meeting Minutes August 19, 2008 Page 2 NEW BUSINESS ORDINANCE AMENDMENT CHAPTER 5 OF THE EAGAN CITY CODE REGARDING WINE, BEER AND LIQUOR LICENSING, AND REGULATION TO ALLOW FOR 4:00 A.M. CLOSING OF ON-SALE ESTABLISHMENTS FROM SEPTEMBER 1 TO SEPTEMBER 5 City Administrator Hedges introduced this item regarding an ordinance amendment to Chapter 5 of the City Code regarding allowing for 4:00 a.m. closing of on-sale liquor establishments during the Republican National Convention. Discussion was held regarding this item at the August 4, 2008 City Council meeting and staff had been directed to proceed with the ordinance amendment. Councilmember Bakken moved, Councilmember Fields seconded a motion to adopt an ordinance amendment to Chapter 5, Wine, Beer and Liquor Licensing and Regulation. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. The regular City Council meeting was recessed at 6:45 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 7:05 p.m. ADMINISTRATIVE AGENDA 1. Zoning Ordinance Text Amendment. Community Development Director Hohenstein discussed a request by a prospective tenant and a neighborhood business retail strip center owner regarding the regulations pertaining to tattoo studios. He noted that the City Code is silent on this use and a public hearing for an ordinance amendment would need to be held before the Advisory Planning Commission. Councilmember Fields requested that survey information from other cities as well as state and county regulations regarding tattoo studios be forwarded to the Council. Councilmember Hunter moved, Councilmember Bakken seconded a motion to direct staff to initiate the Chapter 11 text amendment process. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Bakken moved, Councilmember Fields seconded a motion to adjourn the meeting at 7:15 p.m. Administrative Secretary / Deputy City Clerk Date N' Agenda Information Memo April 15, 2008 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Resignations-- ACTION TO BE CONSIDERED: Acknowledge resignation of Elizabeth Bentson, part time police clerical technician. Acknowledge resignation of Kirk Partello, Utility Field Maintenance Worker. Agenda Information Memo September 2, 2008 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated August 2t, 2008 and August 28, 2008 as presented. ATTACHMENTS: • Check registers dated August 21, 2008 and August 28, 2008 are enclosed without page number. Agenda Information Memo September 2, 2008 Eagan City Council Meeting D. APPROVE APPOINTMENT OF LAW FIRMS TO REPRESENT THE CITY IN GENERAL, PROSECUTION, AND LABOR LEGAL SERVICES ACTION TO BE CONSIDERED: • To approve the appointment of Severson, ,Sheldon, Dougherty, & Molenda, PA as the general legal services provider for the City of Eagan. • To approve the appointment of Grannis & Hauge as the prosecution legal services provider for the City of Eagan. • To approve the appointment of Ratwick, Roszak, & Maloney as the labor legal services provider for the City of Eagan. FACTS: • It is the policy of the City to review all outside consulting services every six year. • An advertisement for legal RFPs was distributed on June 9, 2008, and a pre-proposers conference was held on June 25 to respond to any questions that interested firms had of the city, • The City received three (3) proposals for general legal services, five (5) proposals for prosecution, and two (2) proposals for labor services. • Given the number of prosecution proposals submitted, the five proposals were reviewed and formally scored by a staff panel to narrow the field to three firms to move on to the interview round. • Interviews of the firms in all three specialties tools place during the weeks of August 18-29. • Each of the three interview committees deliberated and made their recommendations for a legal service provider. • At the August 19 Listening Session, the City Council voiced their consensus not to conduct Council interviews of the legal services proposers; rather, the Council requested that the recommendation of each interview committee be forwarded to the City Council for formal consideration. • The interview panels have recommended that the three incumbent legal services providers be retained, which are: o Severson, Sheldon, Dougherty, & Molenda, PA General legal services o Grannis & Hauge---Prosecution legal services o Ratwick, Roszak, & Maloney---Labor legal services • If any member of the City Council wishes to view the Legal Services RFP or the proposals submitted, please contact the City Administrator's office. ATTACHMENTS: • Attached on pagel is the schedule that was included in the RFP. Given that all interviews were completed in a timely manner, and no Council interviews were conducted, the formal consideration of the appointments was moved up to the September 2, 2008 City Council meeting. t SCHEDULE REQUEST FOR PROPOSALS LEGAL SERVICES City Council Approval ofRFP June 3, 2008 Distribute/Advertise RFD's June 9, 2008 Pre-submittal/Proposer's Conference June 25, 2008, 8:30-9:30 a.m. Eagan Room, Eagan Municipal Center RFP Submittals DUE August 8, 2008 Staff Evaluation August 11-15, 2008 Staff/Committee Interviews August 18-22, 2008 City Council Interviews September 1-5,2008 City Council Approval September 16, 2008 Agenda Information Memo September 2, 2008, Eagan City Council Meeting E. APPROVE OFF-SALE LIQUOR LICENSE FOR KOWALSKI COMPANIES INC. DBA KOWALSKI'S EAGAN WINE MARKET 4646 DIFFLEY ROAD ACTION TO BE CONSIDERED: To approve or deny the off-sale liquor license for Kowalski Companies, Inc., dba Kowalski's Eagan Wine Market, 1646 Diffley Road. FACTS: ➢ An off-sale liquor license has been applied for by Kowalski Companies, Inc. The officers of the corporation are James Kowalski, President; Mary Kowalski, Vice President and Douglas Clock, Secretary/Treasurer. ➢ Kowalski's is opening a grocery store along with a wine market at 1646 Diffley Road. The store opening is tentatively planned for November 20, 2008. Similar to Byerly's and Sam's Club off sale liquor stores, the Kowalski's Wine Market will be divided from the grocery operation and will have a separate entrance. ➢ Per the plan submitted by Kowalski's, liquor sales in the wine market are intended to be wine only; however, the off-sale license allows for the sale of any type of liquor. The off-sale license would give Kowalski's the ability to offer other liquor selections in addition to wine at some point in the future. ➢ This is the first wine market opened by Kowalski Companies, Inc. Other wine markets do exist in the metro area; however, according to the State of Minnesota Alcohol and Gambling Enforcement Division, there is no knowledge of local restrictions imposed on these establishments, ie. limiting the type of off-sale liquor that can be sold. (Per Minnesota Statute, a local authority may impose further restrictions and regulations on the sale and possession of alcoholic beverages within its limits.) There are currently no additional regulations in Chapter 5 of the Eagan City Code that would prohibit Kowalski's from selling off-sale liquor in addition to wine. ➢ Staff has received a couple of phone calls from concerned off-sale liquor store owners regarding oversaturation of the market. Currently, there are 16 of sale liquor stores in Eagan. ➢ All required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. ATTACHMENTS (0): Consent Agenda September 2, 2008 City Council Meeting F. Approval a contract with TKDA for consultin services to develop plans and specifications for the upgrade of liahtinLy at Northview Park. ACTION TO BE CONSIDERED: To approve a contract with TKDA for the provision of consulting services related to the development of plans and specifications for the upgrade of lighting at Northview Park and authorize the Park and Recreation Director to sign said contract. FACTS: • The upgrading of athletic field lighting at Northview Park has previously been approved for inclusion in the 2009 C1P. • So as to avoid conflicts with Spring leagues in 2009 it is necessary to begin the process of preparing plans and specifications this fall with installation taking place over the winter. • The engineering firm. of TKDA is included in the City pool of pre-selected consultants and has experience with similar projects • The contract includes; electrical engineering services, the evaluation of the current electrical system, preparation of plans and specifications, bidding and contractor meetings, and construction inspection. • The consulting service costs are to be billed at an hourly rate, not to exceed $10,800. • Consulting fees are included in the estimated total project cost of $195,000. All project costs will be paid from the Park Site Fund. NO ATTACHMENTS Agenda Information Memo Eagan City Council Meeting Consent Agenda September 2, 2008 G. APPROVE SUBRECIPIENT AGREEMENT WITH DAKOTA COUNTY CDA FOR ADNIlNISTRATION OF CDBG FUNDING PROGRAM ACTION TO BE CONSIDERED: To approve the Subrecipient Agreement with the Dakota County CDA for Administration of CDBG Funding Program. FACTS: • For more than twenty years, the City of Eagan has participated in the Community Development Block Grant funding program through an structure under which activities are coordinated through the Dakota County Community Development Agency and its predecessor, the Dakota County Housing and Redevelopment Authority. The election to operate under this structure is considered for renewal every three years. On May 15, 2007, the City Council approved continued participation through 2010. • Implementation of this arrangement is accomplished through annual Subrecipient Agreements. The Subrecipient Agreement for the upcoming year is in order for consideration at this time. ATTACHMENTS: • Due to its length, the Subrecipient Agreement is available upon request. / p i Agenda Information Memo September 2, 2008, Eagan City Council Meeting H. COMPREHENSIVE GUIDE PLAN AMENDMENT AND PLANNED DEVELOPMENT AMENDMENT - SELECT SENIOR LIVING OF EAGAN LLC ACTION TO BE CONSIDERED: To acknowledge formal withdrawal of assorted applications by Select Senior Living for property legally described as Lots 1 and 2, Block 1, Terra Glenn P Addition. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ Select Senior Living of Eagan LLC has submitted a letter formally withdrawing their Comprehensive Guide Plan Amendment and Planned Development Amendment applications. ➢ On July 15, 2008, this item was continued to the September 2, 2008 City Council meeting at the applicant's request. ➢ The existing development approval for the subject site will remain the 2004 Final Planned Development which allowed a total of 24 townhome units on two parcels (one 12-unit building per parcel.) 120-DAY AGENCY ACTION DEADLINES: NIA ATTACHMENTS (2): Location Map, page ~W Correspondence from Select Companies dated August 13, 2008, page Eagan Boundary Right-of-way Location Map Park Area Park Area Building Footprint err`-~• / 7 ~4 wunauwu Q~ s \ o Mtn / 6 oe L io' qu = ` Subject Site • r~ ° os° fl~ t~ - - o Qw ~ t~ i oQ p Q q a~ WF5[5,50 I I r.r i Vic. d 0 Q ~j r r fl ~i.... co ROAD NO. ( HKEE BOODLE ROAD) ~ o 3 4 G G7 ° is L, A ad'e \ •ex.vrtr ~a.a Q ~ 9 ~ z q Q r'l ~ ~a 4 q p P 4 ~ btrP c4 o qp o SS q 4 p q G 4 °P p a by Q n a < £ ad y 8 g C PAC ~ ! ~ a ri~ra ° n C3 ❑ d ~ 0 0 Q O 9000 0 1000 2000 Feel Development/Developer: Select Senior Living of Eagan Application: Comprehensive Plan Amendment Case No.: 16-CG-01-02-08 N W E City of Ea THIS MAP IS INTENDED FOR REFERENCE USE ONLY 6 The City of Eagan and Dakota County do not guarantee the accuracy of this information and are TILTS Community Devoiopment Department not responsible for errors or omissions. Page 1 of 1 Julie Strid From: Joel Larson otarson@goldengate.net] Sent: Wednesday, August 13, 2008 11:26 AM To: Julie Strid Subject: senior living building Good Morning Julie Select senior living would like to formal withdraw the application with the city of Eagan. Please advise me what you need from us to do this Thank you Joel Larson 08/13/2008 Agenda Information Memo September 2, 2008, Eagan City Council Meeting 1. EXTENSION FOR RECORDING FINAL PLAT - REVESTORS COMPANIES (RED PINE CROSSING) ACTION TO BE CONSIDERED: To approve a 90-day extension of time to record the final plat for Red Pine Crossing, located south of Red Pine Lane and east of Hwy. 3 in the SE'/4 of Section 36. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the final plat on October 17, 2006. A Planned Development has been approved for the Red Pine Crossing development at that time. ➢ The Red Pine Crossing project is within the Southeast Eagan Redevelopment District, and earlier this year, the EDA approved an extension of time for completion of the certification of the Southeast Eagan TIFF District to December 31, 2008. ➢ Several extensions of time to record the final plat have been approved since the initial plat approval in 2006. The current extension request will allow until December 2, 2008 for the plat to be recorded. ATTACHMENTS (l): Letter from Tim Anderson, Revestors Companies, page August 18, 2008 Pam Dudziak City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Red Pine Crossing - Final Subdivision Dear Pain, With regard to Red Pine Crossing, we are requesting a 90-day extension for the final plat to be recorded at Dakota County. Enclosed is a check for the $75.00 extension fee. Please let me know if you have any questions. Best regards, Tim Anderson Cc: Quinn Hutson, CNH Architects LI VV AU G 1 8 2008 U % l.~/r SLr dJli.., ~`.~I 'maxG I f"r [I N1~: f i, s '7" L.. Agenda Memo September 2, 2008 Regular City Council Meeting CONSENT AGENDA: J. Application for exempt permit for Faithful Shepherd Catholic School ACTION TO BE CONSIDERED: Adopt a resolution approving an application for exempt permit for Faithful Shepherd Catholic School to conduct a raffle on January 31, 2004 at 3355 Columbia Drive. FACTS: • Faithful Shepherd Catholic School as applied with the Minnesota Gambling Control Board for an exempt permit to conduct a raffle on January 31, 2009 • This event has been held for the past several years • Staff has reviewed the application and sees no reason to deny ATTACHMENTS: • The proposed resolution is attached as page . RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE FAITHFUL SHEPHERD CATHOLIC SCHOOL WHEREAS, the Faithful Shepherd Catholic School has applied for an Exemption from Lawful Gambling Permit; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Exemption from Lawful Gambling Permit for the Faithful Shepherd Catholic School to conduct a raffle on January 31, 2009 at 3355 Columbia Drive in Eagan. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion by: Seconded by: Those in Favor: All Those Against: None Date: September 2, 2008 CERTIFICATION I, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 2nd day of September, 2008. Maria Petersen, City Clerk r/ d Agenda Information Memo September 2, 2005 Eagan City Council Meeting K. DIFFLEY MARKETPLACE RIGHT-OF-WAY VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public right-of-way easement within the Diffley Marketplace plat and schedule a public hearing to be held on October 7, 2008. FACTS: • On August 22, 2008, City staff received a petition requesting the vacation of public right-of-way easement within the Diffley Marketplace plat, located south of Diffley Road between Daniel Drive and Lexington Avenue. • The right-of-way easement, located in the northeast corner of the Diffley Marketplace plat and adjacent to Daniel Drive, was dedicated with the previous development (Lexington Pointe Second Add.) by separate dociunent (Dakota County Document No. 847679) for potential roadway purposes. • The easement is excessive (3,720 sq. ft) as compared to what is actually needed for the existing sidewalk (70 sq. ft) and it is not needed for current or future roadway purposes. The applicant would like to remove this easement prior to future subdivision of the Diffley Marketplace (anticipated for Council consideration in October, 2008). As a condition of the vacation, the developer will be required to dedicate a new easement to more accurately incorporate the existing sidewalk location. • Notices for a public hearing will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the public hearing. ATTACHMENTS: • Location Map, page • Easement Vacation Exhibit, page . ZM i.J V ~ ~ ab ti ONE OAK ROAD LO E OAK ROAD ui rRUNk NWy 5,5 z M~ w J z 1' F- 0 © O a J 0 a YP35GF OOOLP z YANKEE DOODLE ROAD s 's f Zfi ~O M FZ/,OTT ROAD 0 cns z mom'rrw wan sm S 9 z ¢ Proposed Vacation DtFFLEY ROAD CL LEX. POINTE w 0 PARKWAY p I z~,~ m w Y 0 z ~ O ~t1 I. i ~I1 ~ ~ I a Di~fley Marketplace City of E~~an 08125/2008 Vacation Location Map Engineering Department W M n ~ ~ ! r, t r- r- r- n r~ r 4/ ! l F-S 3 E ,I K t I ° 1 1 I I F- F- 3 r- \YJ F! IJ `E ! L I 11 / ~l ! I t F 1 q\ J ~J Q~ 1 Ll 1 I [ L_ L W I I, \J ! 1 Ll ' ° o N89°5225 "W 0.92 - S89°52'25 "E 1381.81 I I I O NI ~ s n ~ ' s rte` L~ L I 11 N/ I r^ ~ Q I \ -p I A=3°07'00' R=335. 00 18.22 NOT TANGENT 1 J \ ~ ilS 1 ~ OPT ol n ~ Cr ` O Ix p-,I~~ ~ J ~ W u 38.68 N89°52'25"W CD 1 LEGAL DESCRIPTION OF EASEMENT TO BE VACATED AN EASEMENT FOR RIGHT OF WAY PURP05E5 OVER, UNDEk, AND ACROSS OUTLOT A, LEXINGTON POINTY 5ECOND ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, DAKOTA COUNTY, MINNESOTA. SAID EASEMENT 15 DESCRIDED A5 FOLLOWS: THE NORTH 200 FEET OF 5AID OUTLOT A A5 NEASURED AT RIGHT ANGLES TO A PARALLEL WITH THE NORTH LINE OF SAID OUTLOT A. SAID EASEMENT WAS RECORDED JULY 14, Ig55t AS DOCUMENT NO. 547679 WITH THE DAKOTA COUNTY RECORDER-5 OFFICE, DAKOTA COUNTY, MINNESOTA. 0 • s • F 0 R M From Site to Finish • i • • DIFFLEY MARKETPLACE o as EAGAN, MN ent Vacation NORTH Easem PAGE No. 1 of 1 Sheets 1 / 08,22.2008 Agenda Information Memo September 2, 2008 Eagan City Council Meeting L. CONTRACT 08-12, COVENTRY POND NEIGHBORHOOD RAIN GARDEN IMPROVEMENTS ACTION TO BE CONSIDERED: Award Contract 08-12 (Coventry Pond Neighborhood Rain Garden Improvements), to Mike's Lawn & Landscape, for the Base Bid and Alternate in the amount of $88,321, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 08-12 provides for the excavation, soil infiltration enhancement, retaining wall construction and garden bed preparation for 21 rain gardens within the direct drainage area of Coventry Pond (Pond JP-23) in the east-central portion of the City. The residents directly adjacent to these gardens will be responsible for planting the bushes and flowers as part of a separate effort this fall or next spring. The rain garden improvements of the Coventry Pond neighborhood are programmed for 2008 in the City's 5-Year Capital Improvement Program (2008-2012) as special projects related to Total Maximum Daily Load (TMDL) reduction projects for Minnesota Pollution Control Agency (MPCA) designated lakes such as Fish Lake and Schwanz Labe. Fish Labe, the receiving water body for this neighborhood's watershed, has exceeded its pollutant load for eutrophication (an increase in excess nutrients, typically nitrogen or phosphorus, stimulating excessive plant growth). • The rain gardens were initiated as a Water Quality enhancement to assist the removal process for Phosphorus and Total Suspended Solids from storm water discharged to City lakes and the Minnesota River. The rain gardens included in this contract were selected for their higher potential benefit to the storm water system, mainly due to soil conditions and direct drainage areas, and the willingness of the property owners. • On August 19, 2008, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 08-12. At 10:30 a.m. on August 26, formal bids were received for this project. A copy of the bid summary is enclosed. The Alternate Bid of $507.50 provides for vibratory cutting of adjacent tree roots to minimize construction related damage. The low bid is 8.5% over the Engineer's Estimate due to a higher than expected unit price for excavation and hauling of excess material (i.e. equipment and trucking energy costs). • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid from Mike's Lawn & Landscape, has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Bid Summary, page BID SUMMARY CITY CONTRACT 08.12 COVENTRY POND NEIGHBORHOOD RAIN GARDEN IMPROVEMENTS Bid Date: Tuesday, August 26, 2008 Bid Time: 10:30 a.m. Contractors Total Base Bid Alternate Bid I. Mike's Lawn & Landscape $87,813.50 $507.50 2. Minnesota Green Irrigation and Groundworks, Inc. $99,610.00 $717.50 L"NN, Base Bid Enhineer's Est. OverfUnder E'stiniate $871813.50 $80,910 +8.5% GTrojects.&Contracts/08-12Bid Summary Cont 08-12, 8-27-08 Agenda Information Memo September 2, 2008 Eagan City Council Meeting M. CONTRACT 07-07, DODD ROADIDODD PARKSIDE SANITARY SEWER LIFT STATION IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 07-07 (Dodd Road/Dodd Parkside Sanitary Sewer Lift Station Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 07-07 provides for the public water main, sanitary sewer and lift station improvements to serve the pending Dodd Parkside and Marsh Cove developments, and surrounding area. • At the request of the Marsh Cove developer, this project was designed to connect to a lift station that was to be installed by said developer. Eagan's standard design of a lift station requires two manhole structures: a valve manhole and a wet well. A lift station improvement is typically considered a trunk utility responsibility and cost. • The developer's contractor encountered poor soils on site and was challenged to find an appropriate resolution to allow proper construction of the lift station. The selected resolution was inadequate and after a significant delay another correction was provided to address the lift station construction. • The change order provides for the following: o Installation of piping and valves within the valve manhole, in accordance with City of Eagan design standards, due to the omission of this work from the developer's constructed improvements.. This portion of the change order provides for an additional cost of $11,293.33. o Installation of piping between the valve manhole and wet well structure, in accordance with City of Eagan design standards, due to the omission of this work from the developer's constructed improvements. This portion of the change order provides for an additional cost of $11,519.59. o Extension of final completion date to September 30, 2008, due to the significant delay created by the developer's contractor delayed schedule. This portion of the change order provides for NO additional cost. • The cost of the additional work is consistent with bid prices received for relevant bid items on other projects within the city. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for an additional cost of $22,812.92 (9.6% of original contract). The cost of the additional work under the change order will be the responsibility of the City's Sanitary Sewer Trunk Fund. s Agenda Information Memo September 2, 2008 Eagan City Council Meeting N. FINAL PLANNED DEVELOPMENT (BLUE GENTIAN CORPORATE CENTER) - MCGOUGH ACTION TO BE CONSIDERED: To approve a Final Planned Development for Lot 1, Bloch 1, Blue Gentian Corporate Center, located east of Hwy. 55 and north of Blue Gentian Road in the NW 1/4 of Section 2. REQUIRED VOTE FOR APPROVAL: Majority of Council members present FACTS: ➢ The Preliminary Planned Development was approved February 4, 2008. ➢ This Final Planned Development pertains to Phase I of the development, and the Final Plans are consistent with the Preliminary Planned Development. ➢ All documents and Agreements are anticipated to be in order for execution at the regular meeting of the City Council. 60-DAY STATUS: Not applicable ATTACHMENTS (1): Location Map, page Eagan Boundary 10ghf•of•wny . L cat i~yn Map ~ Parcel Area t d~sl3 Islip Park Area Building Footprint MEND TA HEIGHTS EAGAN.w, 5E313S7 kWYYnvn~43b of O Sam Nq w 9~r' h~ <R tt:;Y~j 8 o A Ma. 0 * c y 77 n s x COB •p t .~t;~"~. yap _a .~i ~ ~.a`~.+ .e air r ~:~.~'~7`•=~?t~~:~r a~ P CAAH• No.3e (I.GN9 PAK KG.i ~..'7 fe7_ 1- 4~'+ k . 90Q0 0 S 1000 20x0 Feel Development/Deve9oper Blue Gentian Corporate Center N Cif of Ea an THIS MAP IS INTENDED FOR REFERENCE USE ONLY w r The City of Eagon and Dakota County do not guarantoo tha accuracy of this infarmaUon and Pro catnmunlty aavoloptnont Deportment not responsible for errors or omissions. •J J Agenda Memo September 2, 2008 Regular City Council Meeting CONSENT AGENDA: 0. Approve consultant agreement for new E-TV studio and master control ACTION TO BE CONSIDERED: Approve the consultant agreement with AVI Systems of Edina as the consultant to design technical and equipment specifications and provide final operational testing of the new studio and master control for Eagan Television (E-TV). FACTS: • At its July 15, 2008, meeting the Eagan City Council approved a Memorandum of Understanding with Thomson Reuters Corporation for installation of a new community television studio and offices. • As part of that authorization, the Council also approved retaining a technical consultant to plan the new studio and master control for a City cost not to exceed $30,000. • Following a Request for Quote (RFQ), three suitable vendors were interviewed and AVI Systems of Edina was selected. • It should be noted that the agreement is for system engineering services only and any equipment purchases will be separate and based on state bid requirements. • Thomson Reuters will be responsible for consultant costs for its own space needs and any design specifications over and above what is needed for the City's public access studio. • It should also be understood that while the estimated cost of engineering services is below the Council's $30,000 limit, because of tight timelines and the potential for additional-and as yet unknown-deliverables as the project develops, should the project scope increase, there is the possibility of costs in excess of the cap. However, language in the agreement requires prior approval by the City's project lead before any wort{ outside the original scope can be initiated. ATTACHMENTS: • The consultant agreement, called a systems engineering agreement, is attached as pages to , 3' t 9675 West 76th Street, suite 200 Systems Engineering Agreement (/SEA J-4 Eden Prairie, MN 55344 ~y Phone: (952) 949-3700 S Y S T E M S Pax: (952) 949-6000 Quote Number 05-065-000314 Customer I Bill To: Project 1 Location: Office Information: City of Eagan City of Eagan 3830 Pilot Knob Rd. 3830 Pilot Knob Rd. Job # Eagan, MN 55122- Eagan, MN 55122- Sales Rep: Patrick Hart Engineering Mgn: Terms Accepted By: Customer # 14345 Attn: Tom Garrison Project Accepted By: Date: 8/29/2008 Phone: 651-675-5008 Est. Start Date: Customer Po: Fax: Est. Completion Date: Notes: 1.0 Specific Project Scope - RFQ Response Determine what equipment from the existing Burnsville partnership Eagan would like to keep as we divide assets to be used in either Master Control, Studio, Control Room or edit suites. This date is set for Sept. 3rd Determine the individual and shared needs of both E-TV and Thomson Reuters and the amount and type of space, equipment and other resources required to meet these needs. Determine what additional equipment Eagan or Thomson need to purchase to create a state of the art studio within available resources. Develop a Scope of Work, Drawings and an equipment list that could be included in the City of Eagan's bid documents, to allow the city to solicit bids from outside venders should they elect to bid out this project. Work with the Thomson facilities personnel and its architects to determine the necessary power, conduit, lighting and HVAC requirements to maintain proper operation of the equipment in the studio, control room, edit suites audio booth and master control Work with Thomson and Eagan personnel to develop timeframes for the build out of the studio and control room, editing suites and Master Control. Assist in determining time-tables for completion and appropriate provisions for lighting, electrical supply and connectivity to support these areas. Discuss and present options that provide the City of Eagan and Thomson with an upgrade path for technologies that are not able to be integrated in the initial phase of the project because of budget or time constraints. Work with Comcast and City of Eagan/Thomson IT personnel to make sure programming commands and signal paths are available from the City of Eagan (for master control) and Thomson/Rueters (Studio & Control Room) to Comcast's Eagan head end location. Design a Master Control head-end system in Eagan City Nall. Design a Studio, Control Room, Edit suites and Audio Booth within the facility of Thomson/Reuters. We will assist in the coordination of meeting rooms and portable equipment storage. We will recommend sizes adequate to house the equipment and personnel, Work with Burnsville consultant to make sure the shared mobile production van can record/playback programming for both cities video systems and that such programming can be exchanged by the cities in the most technically efficient manner. Created 8/29/2008 10:23 AM Page 1 of 6 www.avisystems.com COMMISSIONING & FINAL CHECK-OUT AV] Systems will provide the City of Eagan & Thomson with the complete review and test of the operation of the systems upon completion by the AV vender. We will verify that the installation has been completed as it was designed and provide a report detailing any items that need to be completed before recommending final payment. ADDITIONAL SERVICES If it is determined that the city would like to add systems or services to the Scope of Work indicated above and the costs are pre-approved by the City of Eagan than those service will be provided at an hourly rate of $147.00/hr. 2.0 Statement of Services To Be Provided The services to be provided by AVI Systems, Inc under this Agreement are per the Attachment "R'- Statement of Services. 3.0 Protect Fees - AVI Systems, Inc will provide the technical services under this Agreement on a Time and Materials basis. Based on the stated "Specific Project Scope" and "Statement of Services To Be Provided" the following estimate of engineering time is provided to complete the engineering processes. • Rate Total 170 Engineering 1 CAD-RFQ Re souse $147.00 $24,990.00 40 Commissioning & Final Check-out $147.00 $5,880.00 TBD Engineering 1 CAD-Additional Services $147.00 $0 TOTAL= $30,870.00 Printing, Plotting, and additional Fees - AVI Systems will invoice the City of Eagan for any additional binding, printing, or plotting fees that are considered above and beyond the scope. These fees will be invoiced at a cost plus 16% markup, A detailed description of any additional fees will be given to the City for prior approval 4.0 Taxes - AVI Systems, Inc will add any applicable taxes to the amount of each invoice. 5.0 Invoicing for Engineering Services - Progress invoices will be submitted for the portion of the technical services and reimbursable expenses expended on the project on a monthly basis. Each progress billing will be due net 15 days from invoice. A finance charge computed at the rate of 1.5% per month will be charged on any balance not received within 30 days. AVI Systems to provide a weekly log of hours used separated between the base RFQ and TBD additional services 6.0 Remit To Address - All payments should be mailed to: AV] Systems, Inc NW 8393 PO BOX 1450 Minneapolis, MN 55485-8393 7.0 Key Project Personnel Sales Engineer: Pat Hart Design I Managing Engineer: Brad Nelson/Paul Mueller 8.0 Changes In The Scope of Work - Costs resulting from changes in the scope of this project, additional requirements or restrictions placed on AVI Systems, Inc by the Customer or its representatives will be added to or subtracted from the contract depending upon the changes being made. When AVI Systems, Inc becomes aware of the nature and impact of the change, a Contract Change Order will be submitted for review and approval before work continues. Created 81231200810:23 AM Page 2 of 6 www.avisystems.com 9.0 Insurance - Commercial general liability insurance, including contractual liability, at limits of not less than $1,000,000 per occurrence, automobile liability insurance, at limits of not less than $1,000,000 per occurrence, errors and omissions insurance at limits of $1,000,000, and worker's compensation and employer's liability insurance covering all employees engaged in the performance of this order for claims arising under any applicable worker's compensation and occupational disease acts. 10.0 Compliance With Law - AVI Systems, Inc agrees and warrants that AVI Systems, Inc shall comply with all requirements of applicable laws, regulations and standards including but not limited to the provisions of (a) Executive Order 11246, as amended, of the President of the United States and the Rules and Regulations pursuant thereto pertaining to Equal Employment Opportunity; (b) the Fair Labor Standards Act of 1938 of the United States, as amended, with respect to Wages and Hours; (c) the Occupational Safety and Health Act of 1970 (OSHA), as amended; (d) the Immigration Reform and Control Act of 1986 (IRCA). 11.0 Ownership and Use of Documents and Electronic Data - Drawings, specifications, other documents, and electronic data furnished by AV[ Systems, Inc for the associated project under this Agreement are instruments of the services provided. AV] Systems, Inc shall retain all common law, statutory and other reserved rights, including any copyright in these instruments. These instruments of service are furnished for use solely with respect to the associated project under this Agreement. The Customer shall be permitted to retain copies of any drawings, specifications, other documents, and electronic data furnished by AVI Systems, Inc for information and reference in connection with the associated project. 12.0 Proprietary Protection of Programs - This Agreement does not cause any transfer of title, or intellectual rights, in Control Systems Programs, or any materials produced in connection therewith, including Source Codes. The Programs are provided, and are authorized for installation, execution, and use only in machine-readable object code form. This Agreement is expressly limited to the use of the Control Systems Programs by the Customer for the equipment in connection with the associated project. Customer agrees that it will not seek to reverse-engineer any Program to obtain Source Codes, and that it will not disclose the Programs to any third party, without the consent of AV] Systems. The Control Systems Programs, and Source Codes, together with AVI Systems' know-how and installation and configuration techniques, furnished hereunder are proprietary to AVI Systems, and were developed at private expense. If Customer is a branch of the United States government, for purposes of this Agreement any software furnished by AVI Systems hereunder shall be deemed "restricted computer software", and any data, including installation and systems configuration information, shall be deemed "limited rights data", as those terms are defined in FAR 52.227-14 of the Code of Federal regulations. 13.0 General Business Terms - This Agreement is not assignable without the prior written consent of AVI Systems, Inc. Any attempt to assign any of the rights, duties, or obligations of this Agreement without such consent is void. This Agreement can only be modified by a written agreement duly signed by persons authorized to sign agreements on behalf of the Customer and of AVI Systems, Inc, and variance from the terms and conditions of the Agreement in any order or other written notification from the Customer will be of no effect. The term 'this Agreement" as used herein includes any applicable installment payment agreement, supplement or future written amendment made in accordance herewith. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Unless otherwise agreed to in writing by Customer and AVI Systems, Inc, if any printed term or condition contained in any purchase order or other form used by Customer to order products or services pursuant to this Agreement, or in any acknowledgment or other form used by Customer is inconsistent with any term or condition contained herein, the provisions hereof shall apply and take precedence. AV[ Systems, Inc is not responsible for failure to fulfill its obligations under this Agreement due to causes beyond its control or, except as agreed herein, to provide any services hereunder for Equipment located outside the United States or Puerto Rico. The laws of the State of Minnesota will govern this Agreement. 13.1 Remedies - Upon default as provided herein, AVI Systems, Inc shall have all the rights and remedies of a secured party under the Uniform Commercial Code and under any other applicable laws. Any requirementsand of reasonable notice by either party to the other guarantors or sureties of Customer shall be met if such notice is mailed, postage prepaid, to the address of the parties shown on the first page of this Agreement (or to such other mailing address as either party in writing later furnishes to the other) at least ten calendar days before the time of the event or contemplated action set forth in said notice. Customer agrees to pay all expenses of retaking, holding, preparing for sale, selling and attorneys' fees and legal expenses as may be allowed by law and incurred by AVI Systems, Inc,. in enforcing its rights under this Agreement. The rights and remedies herein conferred upon AVI Systems, Inc, shall be cumulative and not alternative and shall be in addition to and not in substitution of or in derogation of rights and remedies conferred by the Uniform Commercial Code and other applicable laws, Created 8/29/2008 10:23 AM Page 3 of 6 7 www.avisy,5tems.com 13.2 Limitation of Remedies - AVI Systems, Inc entire liability and the Customer's exclusive remedy shall be as follows: In all situations involving performance or nonperformance of Equipment or Services furnished under this Agreement, the Customer's remedy is the adjustment or repair of the Equipment or replacement of its parts by AVI Systems, Inc, or, at AVI Systems, Inc option, replacement of the Equipment. In no event will AVI Systems, Inc be liable for any damages caused by the Customer's failure to perform the Customer's responsibilities, or for any lost profits or other consequential damages, even if AVI Systems, Inc has been advised of the possibility of such damages, or for any claim against the Customer by any other party, or for any damages caused by performance or non-performance of Equipment located outside the United States or Puerto Rico. 14.0 Acceptance of Agreement - This agreement includes services that are required to satisfy the project scope of Section 2.0 Specific Project Scope, AVI Systems, Inc will begin work on this project upon receipt of a copy of this agreement duly signed and executed by an agent of the Customer, specifically authorized to bind the Customer to the terms and conditions of this agreement. In Witness whereof, the parties hereto by their duly authorized representatives have executed this Agreement upon the date first set forth herein. AGREED AND ACCEPTED BY: SUBMITTED BY: City of Eagan AVI Systems, Inc Signature: Signature: Printed: Printed: Patrick Hart Date: Date: Created 81291200810:23 AM Page 4 of 6 www.avisystems.com i , Statement of Services Attachment "A" 1.0 Statement of Services To Be Provided AV] Systems, Inc will work with City of Eagan & Thomson Rueters and any related design professionals selected (architects, engineers, etc.) to provide initial and ongoing audiovisual systems design and engineering support for Televsion Studio and Master Control. AVI Systems, Inc strongly encourages the fostering of a truly open, cooperative "design team" approach with team members bringing unique, valuable insight from their special perspective to the team. The goal of these services is as follows: ■ Understand clearly the current and future AV needs of City of Eagan. ■ Provide accurate construction documents for implementation of the AV related infrastructure. ■ Provide an overall AV plan that will allow for the procurement of appropriate AV equipment and installation, complete with system diagrams, ensuring correct integration of the equipment. ■ Compile the data gathered during the engineering process into a Systems Implementation Agreement - for a turnkey installation of all AV systems, with the added value of a seamless integration process. 2.0 Design Processes and Services The Design Process can be modified at any time per the direction of City of Eagan. Otherwise it shall follow this general outline: 2.1 AV Program Review/ Verification - The AVI Systems, Inc' Design Team will obtain from City of Eagan operational specifications desired of the audio and video systems within the facility located in 3830 Pilot Knob Rd. Eagan, MN 55122-. Additional facility information will be required including the building's electrical, structural infrastructure, as well as the physical sizes of each room or space. Using compatible AutoCAD drawings, the integration of desired AV systems within available spaces will be visualized. During this initial design phase various equipment options, with an eye toward future expandability while maintaining current value, will be suggested. 2.2 Budget Verification - The AVI Systems, Inc` Design Team will create a project scope compiled from the information received from City of Eagan. AVI Systems, Inc will generate cost estimates for the various systems as outlined above and compare these budget estimates to any initial AV budgets. This process will reaffirm the exact direction that engineering resources should target in the next phase. 2.3 Initial Design - During this phase, AVI Systems, Inc will begin applying the above-defined systems in detail to the various areas of the City of Eagan facility. Further communications between City of Eagan and the other design team members, as various options are explored will be necessary at this time. Typical deliverables from this phase would include the following drawings and/or documents. ■ Preliminary AV Floor Plan and Elevations detailing locations of all AV devices ■ Preliminary Projection Geometry detailing projection/screen locations with viewing angles, mounting details, and etc. ■ Preliminary AV Technical Power, Conduit Plans, and Riser Drawings ■ Preliminary AV Video Flow ■ Preliminary AV Audio Flow ■ Preliminary AV Control Flow ■ Preliminary AV Rack Layouts ■ Preliminary Equipment Lists ■ Preliminary Budget Estimates Created 81291200810:23 AM Page 5 of 6 www.avisystems.com Submittal of.the above for the various rooms will be a progressive process, with most critical drawings being submitted first, allowing construction details to be available on an as needed basis. During this process, one can expect various modifications to the preliminary plans due to various changes - some driven by architectural/aesthetic considerations, budget reviews, and etc. Electronic exchange of AutoCAD drawings between all the "team members" will facilitate quick exchange of updates. Specific design "freeze dates" are to be established with all parties to facilitate timely submittals. All changes are to be reviewed and approved by all parties. 2.4 Final Systems Design - The changes made in the previous phase to the preliminary designs will be updated and regenerated as "final" construction documents. AVI Systems, Inc will be working off of background drawings from an architect under contract with Thomson, entering AV specific data and returning these back to the architect for compilation into construction documents. 2.5 Project Specifications Document - The final audiovisual systems designs will be compiled into a written project technical specifications document with equipment lists and pricing for a complete integration. This document will include the following system diagrams and documents. • AV Fluor Plan and Elevations detailing locations of all AV devices AV Video Flow • AV Audio Flow • AV Control Flow • Equipment lists as specified • System infrastructure requirements including cable and termination specifications ■ System operational and post operational requirements • Project Scope of Work • Project costs • Project Systems Implementation Agreement Created 812912048 10:23 AM Page 6 of 6 www,avisystems.com e Agenda Information Memo Eagan City Council Meeting Public Hearing September 2, 2008 A. CONSIDERATION OF REQUEST BY ECUMEN FOR CITY TO ACT AS A CONDUIT FOR BONDS FOR EXPANSION OF CENTENNIAL HOUSE SENIOR HOUSING FACILITY IN APPLE VALLEY ACTION TO BE CONSIDERED: To approve a resolution authorizing the issuance of Health Care Revenue Bonds and to authorize the execution of various documents in connection with Ecumen-Centennial Campus project in Apple Valley. FACTS: • The City of Eagan received a request for consideration of issuance of Health Care Revenue Bonds from representatives of Ecumen, a Minnesota non-profit, which operates senior housing facilities throughout the state. Ecumen is planning an expansion of their facility at 14615 Pennock Avenue in Apple Valley to add a 20 unit memory care wing. The property is located west of Cedar Avenue and north of County Road 42, between Pennock and Guthrie Avenues. • The project qualifies for tax exempt bond financing that would be issued as a conduit financing through a municipality. Ecumen's financing plans call for the issuance of $3.8 million in bonds. • While the facility is located in another city, in order for such bonds to be bank qualified, the issuing City must have total tax exempt bonding at or below $10 million in a calendar year. Bank qualification results in lower interest rates and lower interest cost over the life of the bond issue. The City of Apple Valley has already issued nearly $10 million of tax exempt bonds in 2008. • A City other than the location of a qualified project may issue the bonds, if there is room under the $10 million cap. Eagan's bonding to date and plans for the year provides sufficient room for the City to issue an additional $3.8 million of bank qualified bonds in 2008. This option is at the discretion of the issuing City. • In addition to the potential benefit of the project to possible residents moving from Eagan, the issuing City may charge a fee for issuance. Similar to the past practice relative to conduit financings of multi-family residential bond issues, if the Council approves the request, the Director of Administrative Services has recommended an annual fee of 118 of 1% of the outstanding principal of the bond issue, in addition to collection of a $1,000 application fee and payment of all Eagan out of pocket costs. • At its meeting of August 4, 2008, the City Council scheduled a public hearing to consider the request on September 2, 2008 and the hearing has been properly noticed. • At its meeting of August 4, 2008, the City Council scheduled a public hearing to consider the request on September 2, 2008 and the hearing has been properly noticed. ATTACHMENTS: • Location map on page _ • Resolution on pages 3 through C" w ` I 1 ~i f I - iJ a, i r W* C a L G.1 f \ C1 r -j! w f W nn}} d 6 ' Extract of Minutes of a Meeting of the City Council of the City of Eagan, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Eagan, Minnesota, was duly held at the City Hall in the City of Eagan on Wednesday, the 2nd day of September, 2008, at 6:30 o'clock P.M. The following Council Members were present: and the following were absent: Council Member introduced the following resolution in writing and moved its adoption: RESOLUTION AUTHORIZING THE ISSUANCE OF HEALTH CARE REVENUE BONDS TO FINANCE A PROJECT UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH .1551 AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS IN CONNECTION WITH THE ECUMEN - CENTENIAL CAMPUS PROJECT The motion for the adoption of the foregoing resolution was duly seconded by Council Member and, after full discussion of the resolution, and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 2223547x2 RESOLUTION NO. # RESOLUTION AUTHORIZING THE ISSUANCE OF HEALTH CARE REVENUE BONDS TO FINANCE A PROJECT UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH.1561 AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS IN CONNECTION WITH THE ECUMEN - CENTENNIAL CAMPUS PROJECT BE IT RESOLVED by the City Council of the City of Eagan, Minnesota (the "City"), as follows: 1. PMposal. The City Council has received a proposal from Ecumen, a Minnesota nonprofit corporation (the "Borrower") that the City undertake to finance a certain Project as herein described pursuant to Minnesota Statutes, Sections 469.152 through .1561 (the "Act"), through issuance by the City of its Health Care Revenue Bonds (Ecumen and Ecumen Foundation Corporate Guaranty - Centennial Campus Project), Series 2008A in the aggregate principal amount not to exceed $3,600,000 (the "Series A Bonds") and its Taxable Health Care Revenue Bonds (Ecumen and Ecumen Foundation Corporation Guaranty - Centennial Campus Project), Series 2008B in the aggregate principal amount not to exceed $200,000 (the "Series B Bonds" and together with Series A Bonds, the "Bonds"), in accordance with a Bond Purchase Agreement (the "Bond Purchase Agreement") among Dougherty & Company, LLC (the "Underwriter"), the Borrower and the City. The City of Apple Valley, Minnesota ("Apple Valley") will, by resolution, consent to the issuance of the Bonds to finance the Project which is located in Apple Valley, Minnesota. 2. Project. The Borrower desires to finance the construction and equipping of a 20-unit memory care addition to its existing 60-unit assisted living facility located at 14615, 14625 and 14631 Pennock Avenue in Apple Valley (the "Project"). The Project as described above will further the policies and purposes of the Act. 3. Financing Structure. It is proposed that, pursuant to a Loan Agreement between the City and the Borrower (the "Loan Agreement"), the City agrees to make a loan of the proceeds of the sale of the Bonds to the Borrower and the Borrower agrees to undertake and complete the Project and to pay amounts in repayment of the loan sufficient to provide for the full and prompt payment of the principal of, premium, if any, and interest on the Bonds. It is further proposed that the City assigns its rights to the payment and certain other rights under the Loan Agreement to the U.S. Bank National Association (the "Trustee"), as security for payment of the Bonds under a Indenture of Trust (the "Indenture"). The Borrower and Trustee will enter into a Continuing Disclosure Agreement (the "Continuing Disclosure Agreement"). The Bonds will be offered for sale pursuant to an Official Statement (the "Official Statement"). The Bonds will be issued -by the City. Certain representations and covenants about the Project are set forth in a Tax Compliance Agreement among the City, Trustee, and Borrower dated as of the closing date (the "Tax Compliance Agreement"). 4. Forms of Documents Submitted. Forms of the following documents have been submitted to the City Council for approval: 2223sa7v2 2 (a) The Loan Agreement; (b) The Indenture of Trust; (e) The Tax Compliance Agreement; (d) The Bond Purchase Agreement; and (e) The Preliminary Official Statement, the operative draft on the date hereof of the Official Statement. 5. Findings. It is hereby found, determined and declared that: (a) the Project described in the Loan Agreement and Indenture constitutes a "project" authorized by the Act, and furthers the purposes of the Act; (b) the purpose of the Project is, and the effect thereof will be, to promote the public welfare of the community by the construction and equipping of a facility for use as a memory care/health care facility. (c) the Act authorizes (i) the construction and equipping of the Project, (ii) the issuance and sale of the Bonds, (iii) the execution and delivery by the City of the Loan Agreement, Tax Compliance Agreement and. Indenture, (iv) the performance of all covenants and agreements of the City contained in the Loan Agreement, Tax Compliance Agreement, Indenture, and Bond Purchase Agreement, and (v) the performance of all other acts and things required under the constitution and laws of the State of Minnesota to make the Loan. Agreement, Tax Compliance Agreement, Indenture and Bond Purchase Agreement and the Bonds valid and binding obligations of the City in accordance with their terns; (d) it is desirable that the Borrower be authorized, subject to the terms and conditions set forth in the Loan Agreement, which terms and conditions the City determines to be necessary, desirable and proper, to complete the construction and equipping of the Project by such means as shall be available to the Borrower and in the manner determined by the Borrower, and with or without advertisement for bids as required for the acquisition, renovation, construction and installation of municipal facilities; (e) it is desirable that the Bonds be issued by the City upon the terms set forth in the Indenture and established pursuant to this resolution; (f) the payments under the Loan Agreement are fixed to produce revenue sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Bonds issued under the Indenture when due, and the Loan Agreement and Indenture also provide that the Borrower is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from 2223547v. 3 r, the operation thereof, and all taxes and special assessments levied upon or with respect to the Project and payable during the term of the Loan Agreement and Indenture; and (g) under the provisions of the Act, and as provided in the Loan Agreement and Indenture, the Bonds are not to be payable from or charged upon any funds other than the revenue pledged to the payment thereof; the City is not subject to any liability thereon; no holder of any Bonds shall ever have the right to compel any exercise by the City or Eagan of their taxing powers to pay any of the Bonds or the interest or premium thereon, or to enforce payment thereof against any property of the City or Eagan, except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City or Eagan, except the interest of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall recite that the Bonds do not constitute or give rise to a pecuniary liability or moral obligation of the City, the state or its political subdivisions, and that the Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof; and the Bonds shall not constitute a debt of the City or Eagan within the meaning of any constitutional or statutory or home rule charter limitation of indebtedness. The Bonds are neither moral obligations nor annual appropriation obligation of the City or Eagan. 6. ' Approval of Forms; Execution. Subject to the approval of Briggs and Morgan, Professional Association, as Bond Counsel, and the City Attorney and the provisions of paragraph 14 hereof, the Bond Purchase Agreement, the Loan Agreement, Indenture and Tax Compliance Agreement, and exhibits thereto (collectively, the "Bond Documents") and all other documents listed in paragraph 4 hereof are approved in substantially the forms submitted. The Bond Documents, in substantially the forms submitted, are directed to be executed in the name and on behalf of the City by the Mayor and the City Clerk (collectively, the "Authorized Officers"). Any other documents and certificates necessary or appropriate to the transaction described above shall be executed by the appropriate City officers. Copies of all of the documents necessary to the transaction herein described shall be delivered, filed and recorded as provided herein and in the Loan Agreement and Indenture. 7. Official Statement. The City has been presented with a draft of the Official Statement (in the farm of the Preliminary Official Statement), which is to be completed and dated on or about the date of the delivery of and payment for the Bonds. The City hereby consents to the presentation of information relating to the City in the Official Statement under the caption "The Issuer". The City hereby finds that the information regarding the City in the sections of the Official Statement captioned "The Issuer" and "Absence of Litigation" is true and correct; and the City hereby ratifies, confirms and consents to the use of said sections in the Official Statement in connection with the sale of the Bonds. The City has not prepared nor made any independent investigation of the information contained in the Official Statement other than information regarding the City in the sections therein captioned."The Issuer" and "Absence of Litigation" and the City takes no responsibility for such information. Subject to the statements above in this paragraph, the City approves the form of the Official Statement and authorizes its use in connection with the sale of the Bonds. 2223547v2 S. Issuance; Acceptance of Offer. Subject to paragraph 10 hereof, the City shall proceed forthwith to issue the Bonds, in the form and upon the terms set forth in the Indenture. The maximum principal amount of the Series A Bonds shall be $3,600,000 and the Series B Bonds, $200,000. The Bonds shall bear interest at the rate or rates, mature in the amounts and be subject to redemption as agreed to by the Underwriter and Borrower, and approved by the Mayor, but in no event shall the interest rate or rates be fixed at rates which would cause the net interest cost of the Series A Bonds to exceed eight percent (5.00%) or the Series B Bonds to exceed ten percent (10%) and the final maturity date on the Bonds shall be not later than June 1, 2047. The principal amount, maturity dates, redemption provisions, and interest rate or rates so established shall be set forth in the Indenture prior to its execution. The offer of the Underwriter to purchase the Bonds for a sum equal to the aggregate principal amount thereof as reduced by any original issue discount, or increased by any original issue premium less an underwriting discount, plus accrued interest to the date of delivery at the interest rate or rates to be so established, is hereby accepted, and the Mayor is hereby authorized and directed to execute the Bond Purchase Agreement when the principal amounts, rate or rates, maturity schedule and redemption provisions have been so established. The Administrator and other officials are hereby authorized and directed to prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee for authentication and delivery to the Underwriter. 9. Records and Certificates. The Mayor, Administrator, and other officers of the City are authorized and directed to prepare and furnish to the Underwriter certified copies of all proceedings and records of the City relating to the Bonds and such other affidavits and certificates as may be required to show the facts relating to the legality of the Bonds as such facts appear from the boobs and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. 10. Changes in Forms Approved, Absent and Disabled Officers. The approval hereby given to the various documents referred to above includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved prior to their delivery by Bond Counsel and by the City officials authorized herein to execute or accept, as the case may be, said documents; and said City officials are hereby authorized to approve said changes on behalf of the City. The approval hereby given to the various documents referred to above includes approval of (a) such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved prior to their delivery by Bond Counsel and by the City officials authorized herein to execute or accept, as the case may be, said documents and (b) such additional documents, agreements or certificates as may be necessary and appropriate in connection with the Bond Documents, as are approved by Bond Counsel and City officials authorized herein to execute said documents prior to their execution; and said City officials are hereby authorized to approve said changes or additional documents, agreements or certificates on behalf of the City. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In the event of absence or disability of the Mayor or the City Clerk, any of the documents authorized by this resolution to be executed may be executed without fin-ther act or authorization of the City Council by the Acting Mayor, or the person 2223547v2 5 authorized to act in the stead of the City Clerk, or by such other officer or officers of the City, in the opinion of Bond Counsel, may act in their behalf. 11. Qualified Tax-Exempt Obligations. The City hereby designated the Series 2008A Bonds as "qualified tax-exempt obligations" under Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. 12. Headings; Terms. Paragraph headings in this resolution are for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. Capitalized terms used, but not defined, herein shall have the meanings given them in, or pursuant to, the Subordinate Indenture or Subordinate Loan Agreement. Adopted by the City Council of the City of Eagan, Minnesota this 2"d day of September, 2008. Mayor ATTEST: City Clerk 2223547w2 6 t STATE OF MINNESOTA } ) SS. COUNTY OF DAKOTA } I, the undersigned, being the duly qualified and acting Clerk of the City of Eagan, Minnesota (the "City"), do hereby certify that attached hereto is a compared, true and correct .copy of a resolution giving final approval to an issuance of subordinate revenue bonds by the City on behalf of Ecumen, duly adopted by the City Council of the City on September 2, 2008, at a regular meeting thereof duly called and held, as on file and of record in my office, which resolution has not been amended, modified or rescinded since the date thereof, and is in full force and effect as of the date hereof, and that the attached Extract of Minutes as to the adoption of such resolution is a true and accurate account of the proceedings taken in passage thereof. WITNESS My hand this 2nd day of September, 2008. City Clerk 2223547Y2 7 Agenda Memo September 2, 2008 Eagan City Council Meeting NEW BUSINESS: A. Certification of the preliminary 2009 budget and property tax levy, setting of Truth-in- Taxation hearing dates, and consideration of an ordinance amendment to Chapter 2.11 to modify the salaries of the Mayor and City Council to be effective January 1, 2009. ACTIONS TO BE CONSIDERED: • To approve the preliminary payable 2009 property tax levy as follows: General Revenue levy: General Fund $20,685,700 Major Street Construction Fund 2,371,301 Equipment Revolving Fund 987,790 Fire Apparatus 400,000 General Facilities Renew/Replace Fund 322,616 Subtotal - General Revenue levy 24,767,407 Community Center bonds debt service 1,193,903 Cedarvale Special Services District 3,000 Total levy $ 25,964,310 • To approve the preliminary 2009 General Fund expenditure budget, including contingency, of $27,729,200. • To set the initial Truth-in-Taxation hearing date for Monday, December 1, with a continuation hearing date (if necessary) of Monday, December 8. • To approve an ordinance amendment to Chapter 2.11 of the Eagan City Code modifying the salaries of the Mayor and City Council to be effective January 1, 2009. FACTS: • The City Council is required by law to certify the proposed payable 2009 property tax levy on or before September 15. The levy can be subsequently decreased, but not increased. • The City Council reviewed the proposed budget and levy at a special meeting on August 26; no changes have been made to the numbers presented at that meeting. • Both the budget and levy will be reviewed again prior to final adoption in December. • The County will use this preliminary certification information in preparing Truth-in-Taxation notices to be mailed in late-November. • The County has again advised the City of the option to include a very basic insert with the Truth-in-Taxation notices. Due to the inherent limitations, the City historically has not prepared an insert and none is contemplated for this year unless otherwise directed by the City Council. • Truth-in-Taxation hearing dates were reviewed at the August 26 special meeting. • Changing the date of the first City Council meeting in December is not necessary as the meeting was already scheduled for Monday, December 1 at the beginning of the year in anticipation of Truth-in-Taxation. Agenda Memo September 2, 2008 Eagan City Council Meeting • The salary for the Mayor and City Council has not been adjusted since 1996. • The City Council discussed the salary for the Mayor and City Council at the July 22 Special City Council meeting. • At that meeting, the Council reviewed a Q3 (3`d Quartile) analysis showing the salaries of Mayor and City Councilmembers in the nine cities that are most comparable to Eagan. • Eagan's salaries for their elected officials ranked at the very bottom of all comparable cities. • Upon reviewing the comparable cities' salaries, the Council directed that an ordinance amendment be prepared to propose revised salaries for the Mayor and City Council that will bring Eagan to the 3`d quartile of comparable cities using 2008 salaries. The Council directed that the Q3 salary consideration not include the City of Bloomington, given the significantly higher salaries that Bloomington's elected officials receive in comparison to comparable cities. • Per the Council's direction, using the 2008 comparable salaries, the proposed amendment to the Mayor and Councilmembers' salaries are: o Mayor-change annual salary from $9,500 to $13,625 o City Council-change annual salary from $6,880 to $11,425 • By law, if a City wishes to modify the Mayor and Councilmembers' salaries, an ordinance amendment must be approved prior to the next municipal election in order for the salary adjustment to become effective in January of the following year. • Therefore, should the Council approve the proposed ordinance amendment prior to the November 4, 2008 municipal election, the salary adjustment will go into effect on January 1, 2009. ATTACHMENTS: / • The preliminary 2009 General Fund expenditures budget summary is enclosed on page • The proposed amendment to Chapter 2.11 is enclosed on page. Comparative Summary of Expenditures 2009 General Fund Budget 2008 2009 Proposed Budget Budget Proposed Difference vs. 2008 Budget Amount % GENERAL GOVERNMENT 01 Mayor & Council $ 129,900 $ 129,400 $ (500) -0.4% 02 Administration 498,900 491,700 (7,200) -1.4% 03 Information Technologies 1,221,100 1,252,800 31,700 2.6% 04 City Clerk 313,300 253,200 (60,100) -19.2% 05 Finance 1,062,500 1,080,600 18,100 1.7% 06 Legal 470,400 457,400 (13,000) -2.8% 07 Comm Dev--Planning/ED 892,400 896,300 3,900 0.4% 08 Comm Dev--inspections 931,700 975,000 43,300 4.6% 09 Communications 485,300 450,200 (35,100) -7.2% 10 Human Resources 247,600 253,100 5,500 2.2% General Govt Total 6,253,100 6,239,700 (13,400) -0.2% PUBLIC SAFETY 11 Police 10,340,000 11,152,700 812,700 7.9% 12 Fire 1,587,700 1,620,000 32,300 2.0% Public Safety Total 11,927,700 12,772,700 845,000 7.1% PUBLIC WORKS 21 Engineering 1,190,900 1,231,700 40,800 3.4% 22 Streets & Highways 1,683,000 1,751,400 68,400 4.1% 24 Central Services Maint. 562,100 594,000 31,900 5.7% Public Works Total 3,436,000 3,577,100 141,100 4.1% PARKS & RECREATION 30 Recreation 2,108,900 1,953,700 (155,200) -7.4% 31 Parks 1,807,000 1,960,200 153,200 8.5% 32 Tree Conservation 471,600 500,400 28,800 6.1% Parks & Rec Total 4,387,500 4,414,300 26,800 0.6% GENL GOVT BLDG MAINT 33 Building Maintenance 663,100 705,400 42,300 6.4% Total Expenditures- General Fund 26,667,400 27,709,200 1,041,800 3.9% 41 Contingency--undesignated 21,100 20,000 (1,100) -5.2% Transfer Out - Total Expenditures + Conting/Trsfrs $ 26,688,500 $ 27,729,200 $ 1,040,700 3.9% ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TWO, ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT" BY AMENDING SECTION 2.11 REGARDING SALARIES OF MAYOR , AND COUCILMEMBERS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER I AND SECTION 2.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Two is hereby amended by changing Section 2.11 to read as follows: Sec. 2.11. Salaries of mayor and councilmembers. Salaries of the mayor and council are hereby fixed as follows, the amounts of which are deemed reasonable: Subd. I. The annual salary of the mayor shall be $13,625.00. Subd. 2. The annual salary of each councilmember shall be $11,425.00. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and' Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 2.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect January 1, 2009, provided its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Petersen By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Agenda Information Memo September 2, 2008 City Couneil Meeting B. RESOLUTION -CONSIDER RESOLUTION DETERMINING THE DESIRABILITY OF ISSUING UP TO $10,250,000 IN GENERAL OBLIGATION BONDS AND CALLING FOR AN ELECTION THEREON ACTION TO BE DISCUSSED: To approve the resolution determining the desirability of issuing up to $10,250,000 in General Obligation Bonds and calling for an election thereon. FACTS: • At the August 28, 2008 Special City Council meeting, the Council received a presentation by Rusty Fifield, consultant from Hoisington Koegler Group, Inc. (HKGi) summarizing the input received from over 80 residents at two public input meetings held in July regarding the potential land uses for the former Carriage Hills Golf Course site, should the referendum pass this fall. • At the August 28 workshop, the Council also discussed and directed the language to be included on the ballot question with regard to the purpose of how the property would be used. • As noted in the enclosed resolution, and per the direction of the Council, the ballot question has been prepared with the assistance of the City Attorney and the City's Bond Counsel, which is proposed to read as follows: Shall the City of Eagan be authorized to issue and sell its general obligation bonds in a principal amount not to exceed $10,250, 000 for the purpose of acquiring approximately 120 acres of land formerly known as Carriage Hills Golf Course for public facilities, recreation, and open space uses? • The resolution, which includes the ballot question as Exhibit A. trust be formally approved at the September 2, 2008 regular City Council meeting. • City Attorney Dougherty will be present to respond to any questions the Council may have. • Should the Council approve the resolution, detailed work will begin on a "visioning document", as directed by the Council at the August 28 workshop. The visioning document is intended to more clearly lay out potential uses for the former Carriage Hills site and could also be used as an educational piece for the community in providing information on the referendum question in advance of the November 4 election. ATTACHMENTS: 6 • Enclosed on pages th is the proposed resolution regarding the necessity for the issuance of general obligation bonds and calling for an election thereon. • Enclosed on page r)-4) , as Exhibit A, is the ballot question proposed to be included on the City ballot at the November 4, 2008 election. • Enclosed on pages through&~L,is the proposed notice of the Special Bond Election to take place on November 4, 2008. RESOLUTION NO. RESOLUTION OF NECESSITY FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS AND CALLING FOR AN ELECTION THEREON BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, as follows: 1. The City Council hereby finds, determines and declares that it is necessary and expedient to issue General Obligation Bonds of the City to finance the acquisition of approximately 120 acres of land formerly known as Carriage Hills Golf Course for public facilities, recreation and open space uses. The maximum amount of bonds is $10,250,000. A special election is hereby called and shall be held in conjunction with the general election on Tuesday, November 4, 2008, between the hours of 7:00 o'clock a.m. and 8:00 o'clock p.m., at which election the question of issuing the above bonds shall be submitted to the voters. The question shall be substantially in the form set forth in the attached ballot. 2. Notice of the submission of said question at said election shall be given by publication of the notice of election in the official newspaper two (2) weeks before the date of the election, and by posting said notice in the office of the City Clerk at least ten (10) days prior to the election date. 3. Pursuant to Minnesota Statutes, Section 205.16, the City Clerk shall also post a copy of the sample bond ballot in her office at least four (4) days before said election and shall further have said sample ballot published in the official newspaper at least seven (7) days before said election and posted at each polling place on election day. The sample bond ballot shall be in substantially the form attached. 4. The City Clerk shall provide a written notice to the County Auditor, including the date of the election and the question to be voted on at the election, within the time required by law and shall provide the required notice to the Secretary of State. 5. The Clerk is authorized and directed to cause to be printed official bond ballots for the use of the voters at said election. 6. The polling places for each precinct for the election shall be as established for the general election. The election officials for each polling place shall be as provided for in the general election. 7. The City Council shall declare the results of the vote upon said issue when it meets as a canvassing board following said election. fb.us.3205637.01 EXHIBIT A CITY QUESTION BALLOT SPECIAL ELECTION CITY OF EAGAN NOVEMBER 4, 2008 Instruction to voters: To vote for the question set forth below, put an (X) in the square before the word "YES." To vote against the question, put an (X) in the square before the word "NO." The City of Eagan is asking voter approval to issue and sell its general obligation bonds in an amount not to exceed $10,250,000 to finance the acquisition of approximately 120 acres of land formerly known as Carriage Hills Golf Course for public facilities, recreation, and open space uses. BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE. BONDS FOR LAND ACQUISITION ] YES CITY QUESTION: Shall the City of Eagan be authorized to issue and sell its general obligation bonds in a principal amount not to exceed $10,250,000 [ ] NO for the purpose of acquiring approximately 120 acres of land formerly known as Carriage Hills Golf Course for public facilities, recreation, and open space uses? fb.us.3205885.01 NOTICE OF SPECIAL BOND ELECTION NOTICE is hereby given that a special election of the qualified electors of the City of Eagan, Minnesota, has been called and will be held in conjunction with the general election on Tuesday, the 4th day of November 2008, between the hours of 7:00 o'clock a.m. and 8:00 o'clock p.m., upon the following question: SHALL THE CITY OF EAGAN BE AUTHORIZED TO ISSUE AND SELL ITS GENERAL OBLIGATION BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $10,250,000 FOR THE PURPOSE OF ACQUIRING APPROXIMATELY 120 ACRES OF LAND FORMERLY KNOWN AS CARRIAGE HILLS GOLF COURSE FOR PUBLIC FACILITIES, . RECREATION, AND OPEN SPACE USES? The polling places for said election will be as follows: Precinct Polling Place 1 Pilot Knob Elementary School 1436 Lone Oak Road 2 Oak Hills Church 1570 Yankee Doodle Road 3 Trinity Lone Oak Lutheran Church 2950 Highway 55 4 Cedar Elementary School 2140 Diffley Road 5 Mount Calvary Lutheran Church 3930 Rahn Road 6 Deerwood Elementary School 1480 Deerwood Drive 7 Eagan Fire Administration Building 3795 Pilot Knob Road 8 Eagan Municipal Center - Council Chambers 3830 Pilot Knob Road 9 Woodland Elementary School 945 Wescott Road 10 St. John Neumann Church 4030 Pilot Knob Road Precinct Polling Place 11 Northview Elementary School 965 Diffley Road 12 Living Word Lutheran Church 4300 Nicols Road 13 Rahn Elementary School 4424 Sandstone Drive 14 Christ Lutheran Church 1930 Diffley Road 15 Thomas Lake Elementary School 4350 Thomas Lake Road 16 Easter Lutheran Church 4200 Pilot Knob Road 17 St. Thomas Becket Church 4455 South Robert Trail 18 Oak Ridge Elementary School 4350 Johnny Cake Ridge Road 19 Chapel Hill Church 4888 Pilot Knob Road 20 Red Pine Elementary School 530 Red Pine Lane 21 Pinewood Elementary School 4300 Dodd Road Dated: September 2, 2008 BY ORDER OF THE CITY COUNCIL /s/ Maria Petersen City Clerk lb.us.3206013.0I fj ~Y 1 Agenda Information Memo September 2, 2008, Eagan City Council Meeting C. CONDITIONAL USE PERMIT - DART TRANSIT COMPANY ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit to allow a ten foot security fence for DART Transit on property legally described as Lot 2, Block 1, Kwik Trip Eagan Addition, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers Present FACTS: ➢ The property consists of 6.7 acres and is zoned I-1 (Limited Industrial) and is surrounded by similar industrial uses. ➢ A Conditional Use Permit (CUP) was approved in 2007 to allow off site out door storage of semi trailers - ➢ The CUP conditions of approval appear to be satisfied. ➢ The applicant is proposing a CUP for a ten foot security fence along the northeasterly property line adjacent to Kwik Trip. ➢ The height of a fence may be increased from the eight foot code maximum requirement with a CUP, provided the conditions of approval are met. ➢ This item was heard by the Advisory Planning Commission on August 26, 2008 and they arc recommending approval. ISSUES: None 60 DAY STATUS: September 24, 2008 ATTACHMENTS (3): Location Map, page 'a Draft August 26, 2008 APC Minutes on pages 55.. threes~. Staff report on pages through. Eagan Boundary ■~4~O~9 ■1T Right-of-way Para Location Map F---] ParkArea k Area t Building Footprint j ❑ o e AK No) r ~ 4 j 1 - I ~ II Subject Site pQ n D 0 I- ED r. I a: n 3 • O D19, vv ~o °a a v I C I I - n O b u~ C 10D0 0 1000 2000 Feet Development/Developer. Dart Transit Company Application. Conditional Use Permit Case No.: 12-CU-09-07-08 N n 5-m V Cit❑ of Eajan THIS MAP IS INTENDED FOR REFERENCE USE ONLY W £ J 6 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. Advisory Planning Commission August 26, 2008 Page 4 of 6 C. Dart Transit Company Applicant Name: D. Oren B LLC Location: 800 Lone Oak Road, Lot 2, Block 1, Kwik Trip Addition Application: Conditional Use Permit A Conditional Use Permit to allow a 10 foot fence. File Number: 12-CU-09-07-08 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated August 12, 2008. She noted the background and history. Gary Santoorjian explained that the slope is greater on one side of the property, resulting in the appearance of a fence that is six feet in height. He explained the need for a 10 foot fence to accommodate the slope and to provide proper screening and security. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen 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 Conditional Use Permit (CUP) for a ten foot security fence on property legally described as Lot 2, Block 1, Kwik Trip Eagan Addition, in the NW '/4 of Section 12 subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The fence shall be constructed and maintained, in accordance with City Code requirements. 3. The fence shall be located as depicted on the Site Plan dated May 15, 2008. 4. If barbed wire is utilized, it shall be located directly above the fence or angled into the property. A vote was taken. All voted in favor. Motion carried: 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: August 12, 2008 CASE: 12-CU-09-07-08 APPLICANT: Gary Santoorjian HEARING DATE: August 26, 2008 PROPERTY OWNER: D. Oren. B, LLC APPLICATION DATE: July 28, 2008 REQUEST: Conditional Use Permit PREPARED BY: Sarah Thomas LOCATION: Lot 2, Block 1, Kwik Trip Eagan Addition COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit (CUP) to allow a ten foot security fence on property legally described as Lot 2, Block 1, Kwik Trip Eagan Addition, in the NW %4 of Section 12. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Planning Report - Conditional Use Pen-nit (DART) August 26, 2008 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. CODE REQUIREMENTS City Code Chapter 11, Section 11.70, Subdivision 16C provides that property line fences within all business and industrial districts shall not exceed eight feet in height, except by Conditional Use Permit. BACKGROUNDMISTORY Dart Transit Company began in 1934 and is a family owned, third generation company. Dart Transit moved its headquarters to its current location in Eagan in 1989. Dart is an industrial employer and landowner in Eagan with 390 employees. The company has operating centers in Dallas, Texas and Sellersburg, Indiana and other regional facilities around the country. Last year the City of Eagan approved a CUP for off site off-street parking and outdoor storage of trailers on the subject property. The plans included an eight-foot fence with barbed wire along the perimeter of the property. EXISTING CONDITIONS The 6.7 acre site consists of outdoor storage of trailers. SURROUNDING USES The site is surrounded on all sides by property zoned and guided for industrial uses. Planning Report - Conditional Use Permit (DART) August 26, 2008 Page 3 EVALUATION OF REQUEST Compatibility with Surrounding Area - The proposed fence appears compatible with the surrounding properties and existing uses, however no known ten foot fences exist on other properties. Site Plan - The applicant proposes a ten foot fence along the northeasterly property line adjacent to Kwik Trip. According to the applicant's narrative, "Upon further consideration of how best to secure the high value loads that are stored in the yard, it has been determined that a ten foot fence would improve security. That portion of the property boundary is at greater risk due to the retail traffic on the adjacent property and its distance from the security gate. The ten foot fence would improve the security by increasing the visual and physical deterrence the fence provides." All other conditions and site plan requirements from the 2007 CUP approval appear to have been met. Access The subject property has access to both Lone Oak Road and the area Highway system via the Corporate headquarter portion of the site. Access to adjacent Advantage Lane is not proposed. SUMMARY/CONCLUSION The applicant is requesting approval of a Conditional Use Permit (CUP) to allow a ten foot security fence on property legally described as Lot 2, Block 1, Kwik Trip Eagan Addition. The proposed fence appears generally compatible with the 1-1 zoning and surrounding properties. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit (CUP) for a ten foot security fence on property legally described as Lot 2, Block 1, Kwik Trip Eagan Addition, in the NW 1/4 of Section 12. If approved, the following conditions should apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The fence shall be constructed and maintained in accordance with City Code requirements. 3. The fence shall be located as depicted on the Site Plan dated May 15, 2008. 4. If barbed wire is utilized, it shall be located directly above the fence or angled into the property. Eagan Boundary Right-of-way Locate ®n Map 0 Parcel Area F--] Park Area t Building footprint n rU Y i : 1 ; b ❑ Subject Site I Q CQ op LS a ! c Q © D o I \ a ~o Qa QO na 4 fl ® O _ .G - _ tl C Q r' r' 9 ea i I - a~ ~ ~ p ~ 4 L r \ 1 s C3 O a d t Y 1 E=;3^ o 0 1060 6 Iwo 2,000 Feet Dove Iopment/Developer. Dart Transit Company Application; Conditional Use Permit Case No.: 12-CU-09-07-08 g g]~ 6LI"), N City of Eakan THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E The City of Eagan and Dakota County do not guarantee the accuracy of thfs information and are $ Community Development Department not responsible for errors or omissions. ? Current Zoning and Comprehensive Guide Plan Dart Transit Company Land Use Map Conditional Use Permit 12-CU-09-07-08 i spF Zoning Map L yO f. o Q~ A i PD G.S.A. K. Na. 26 LONE OAK RD. o m d A A o o ~ Current Zoning: 14 r ' r~TRUNK RW O sLy Limited Industrial n r P~Q ~a p Q Q 1.1 ® 7 ~ Q Q °Qtl L 1 S R-1 740 v~ fP 9 tip © 0 r ~ p © m m Location oe am ag v 77 m n. c' 9 ra Q r R-~ 600 a 60O 1100 Feet SA Comprehensive Guide Plan 1NQ ~ Land Use Map S I C.S.A.N. NO. 26 LONE OAK RO. 0 PC to SA ° o IND ; t R." SrS rg rRLNKNWy, Current Land Use Designation: ND•55 0 ''U .p o a L~ Q v. IND s~ a e ® o ~ oe Limited Industrial '"D ° MD LD Da II a yo C IND ° Q Location d Q Nm Sl ~ 4eo4 °a IND 000 0 600 1200 Feet O° o p Peeeee r^-r Parcel base map Information provided by Dakota County Land Survey Department oecmber 2005. f c~ c~~} Zening information maintalned by city staff, a City of 1 apn THIS SNAP IS INTENDED FOR REFERENCE USE ONLY ~ E The City of Eagan and Dakota County do not guarantee the accuracy of this information. S II R e~ 8 C~" q~~ CCC k` / r o ~ X-0 , IN \ Fi'g H gam. D_ y, o r / ~ f [3 V1 ~ 3g g ~ 3~ ~ ~S€E B ~ ➢ fa:0 o o 4~'p 3 Z O = D b s s~~~~ n vi ~3 ➢ z a a $ ~y ° n SITE PLAN X -D 4m I' 7 iffl z~ . I; 00 2: 10'-Q" 2" MAX FENCE HEIGHT 1' zz ;:o Z ©~Q >0 © !.~2 cn --A K: m n m N z z n o F- 14 0 i Z X O o ~ z~ -r~ v r o Frl O Z_ O -~I Z WIA , C7 m Z9 ~ o x o m D r m O 0 [D 71 -P m a: O :q z ~o m ;U O O m0 O Z~ Z fpTl mN O Z C) Q Z Crl T- O G~ Z ? m Q rTl rr~~77 D Z O O G7 C r~ fn Q l7 m O ~ z u} m Z Q Dm l ~n ~-;u (D z* co m= 0 w M. FENCE DETAIL r 0 7~N 7 x I-A P ti rr t~' I I + r ti WX r z , l s s 7_ - r -1 l .4kjt - y - 1 • n~ r• 4 sy r t b 4 45 ~ 3 tF 07 July 28, 2009 City of Eagan City Hall Eagan, Minnesota Application for Variance Advantage Lane Dart Transit Company moved its headquarters to its current location in Eagan at the intersection of bone Oak Road and Hwy 55 back in 1989. Bart is an industrial employer and landowner in Eagan that provides employment for 390 individuals. In June of last year the City Council of the City of Eagan approved a conditional use permit for the subject property allowing for off-site off street panting and outdoor storage of trailers. The approved plans included an eight--foot fence with barbed wire. Upon further consideration of'how best to secure the high value loads that are stored in the yard, the applicant has determined a ten-foot fence along the northeasterly property boundary adjacent to the Kwik Trip truclc stop would improve security. That portion of the property boundary is at greater risk due to the retail traffic on the adjacent property and its distance from the security gate. A ten-foot fence in that area would improve the yard's security by increasing the visual and physical deterrence. the fence provides. With the exception of the fence, lighting and landscaping, the improvements contained in the conditional use permit have been completed, and the remaining items are to follow immediately upon review of this application. As stated in the original conditional use permit, the surrounding zoning to the north, west and south is limited industrial. The zoning to the east and across Hwy 149 consists of general business and neighborhood business. At some distance to the southwest are the beginnings of'residential and residential townhouse zones. The surrounding current use is outdoor storage of semi-trailers to the north and south, a maintenance repair facility to the west and Kwik Trip to the east. Tile applicant does hereby respectfully request approval ofthis variance. RECEIVED JUL 2 8 2006 1 _2 Agenda Information Memo September 2, 2008, Eagan City Council Meeting D. CONDITIONAL USE PERMIT - PAMELA OETTINGER ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit to exceed the maximum 25% impervious surface requirement by 5.6% for property located at 716 McFaddens Trail, legally described as Lot 7, Block 2, Manley Addition; subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Councihnembers Present FACTS: ➢ The property is zoned R-1 and located within the Shoreland Overlay of Fitz Labe. ➢ The shoreland zoning restricts impervious surface to a maximum of 25% of the lot area. Impervious coverage may be increased with a CUP, provided the conditions in the shoreland ordinance are met. The subject site consists of a single family home with an attached garage and the applicant proposes to construct an inground pool and pool deck on the property. The proposed impervious coverage is 30.6%. . ➢ The applicant is proposing to mitigate the impacts of the increased impervious surface by installing pervious pavers for the sidewalk and driveway, installing drain tile beneath the driveway and removing the existing pager patio in the rear yard. ➢ These proposed mitigative measures will offset the proposed increase in impervious area. ➢ The pervious pavers will need routine maintenance to ensure they continue to function as designed to provide infiltration of stormwater. ➢ The Advisory Planning Commission held a public hearing on August 26, 2008, and is recommending approval. 60 DAY AGENCY ACTION DEADLINE: September 12, 2008 ATTACHMENTS (3): Location Map, Page Draft August 26, 2005 APC Minutes on pages ~ t . Staff report, pages through Eagan Boundary Right-of-way Location Map ~Parcel Area Park Area Building Footprint g Q ° d R' a 4~ i L rc Q n o c7 a c~ ~ 9 943 ~I q S4 ' 7? ~ 'd, ~ r~ d 9 a d ~ dflOa~~ ~ ~ ~ ~ O b o 12 9 Q O n p q gC3E?CaP p ~ iQ p` 6 t7 6 b QD 4 O ES : P . C7 G~ a r [ Q T~ Q o o n p O` ~ a °~oq na a~aQO Q q o o a I B ao ao C7 9Q~ Subject Site I Q 9 0 ~a ~ fl ~ ail p %i II ❑ Q ~ ~ ~ Ca ~ I a a I I''~~ l CS F°o 9 041Q c~fl O 'o as d ~3 fl,3 0 L7 B 4a p p O 0 it ~~i S~ d 5a p q J ~ .u a o d i f r ~ ~ =ry r 9 v p Jr. Q ~ II fl ~ 0~ rl Q p e -L7 ❑ 4 d 47 Liu J ~ 6~,ucrs~.Fmt d o 4 ~ ~ m CR V 1000 0 1000 2000 Feet Development/Developer: Pamela Oettinger Application. Conditional Use Permit Case No.: 36-CU-08-07-08 6,17- N THIS MAP !5 INTENDED FOR REFERENCE USE ONLY W B M o Ea an °f The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S 6ominnnity Development Department not responsible for errors or omissions. e Advisory Planning Commission August 26, 2008 Page 3 of 6 B. 716 McFaddens Trail Applicant Name: Homeowner Location:716 McFaddens Trail; Lot 7, Block 2, Manley Addition Application: Conditional Use Permit A Conditional Use Permit to exceed impervious surface in a Shoreland District. File Number: 36-CU-08-07-08 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated August 20, 2008. She noted the background and history and stated that input was received from the Department of Natural Resources (DNR). The applicant noted he was in the audience and available for questions, if necessary. Chair Hansen opened the public hearing. There bang no public comment, Chair Hansen 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 Conditional Use Permit to exceed the maximum 25% impervious coverage for an in ground pool and pool deck on a residential lot in the Shoreland Overlay District of Fitz Lake, located at 716 McFaddens Trail, legally described as Lot 7, Block 2, Manley Addition, in the NW '/4 of Section 36 subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The impervious surface of this lot shall not exceed 23% per the Site Plan received July 14, 2008. 3. The pervious pavers shall be designed to allow infiltration into the ground of at least the first '/z' of stormwater runoff, with this runoff not leaving the lot area after infiltration. 4. The pervious pavers shall be installed according to the design criteria and according to the guidance of the Minnesota Stormwater Manual, with technical assistance from the Dakota County Soil and Water Conservation District as appropriate, and the installation shall be overseen and inspected by City staff at the time of installation. 5. The applicant shall provide a $500 escrow deposit for inspection of the paver installation. 6. The rear yard paver patio shall be removed. 7. The applicant shall discharge water from the pool in a form and manner acceptable to the Water Resources Coordinator. 8. The applicant shall properly maintain the permeable pavers to sustain the infiltration rate according to the design criteria. A vote was taken. All voted in favor. Motion carried: 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: August 20, 2008 CASE: 16-CU-02-01-08 APPLICANT: Pamela Oettinger HEARING DATE: August 26, 2008 PROPERTY OWNER: Sarre APPLICATION DATE: July 14, 2008 REQUEST: Conditional Use Permit PREPARED BY: Sarah Thomas LOCATION: 716 McFadden Trail COMPREHENSIVE PLAN: LD, Low Density ZONING: R-1, Single-Family SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to exceed the maximum 25% impervious coverage for an inground pool and pool deck on a residential lot in a . Shoreland Overlay District, located at 716 McFadden Trail, legally described as Lot 7, Bloch 2, Manley Addition, in the NW'/4 of Section 36. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use pen-nit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. P Planning Report - 716 McFaddens Trail August 26, 2008 Page 2 4. 'Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUNWHISTORY The Manley Addition subdivision was platted in 2001. The property is zoned R-1 and is located in the Shoreland Overlay District of Fitz Lake. The developer was responsible for wetland mitigation and wetland replacement monitoring for a five year period following approval of the final plat. EXISTING CONDITIONS The 12,867 sq. ft. lot consists of a single family home with an attached garage. Driveway access is provided from McFaddens Trail. The western (rear) portion of the lot contains an existing boulder retaining wall near the rear property line. A utility easement covers the western 20' 50' of the lot. The parcel is located in the shoreland overlay district associated with Fitz Lake, a General Development Lake. Shoreland zoning restricts not only building coverage to 20%, but also overall impervious surface coverage to 25%. The proposed overall impervious surface coverage of 31% exceeds the maximum 25% allowable in the Shoreland Overlay district. Planning Report 716 McFadden Trail August 26, 2008 Page 3 , SURROUNDING USES The subject site is surrounded by single family residences to the north, south and cast, which are zoned R-1, Single Family Residential and guided LD, Low Density Residential. To the west is Lebanon Hills Regional Park, zoned P, Park and guided P, Park and Recreational Open Space. EVALUATION OF REQUEST CoM atibilit with Surrounding Area - The subject site is surrounded by single family residences. The proposed construction of an inground pool and pool deck is compatible with the surrounding area. Code Requirements - Eagan City Code (§11.65 - Shoreland Overlay District) stipulates that impervious coverage must not exceed 25% of the lot within the shoreland overlay district. However, the Code does allow for an increase in the impervious area provided the City 1) has issued a Conditional Use Permit permitting an increase in impervious coverage; 2) has approved and implemented a community-wide stormwater management plan affecting the subject site; and 3) required the necessary water quality mitigation features to meet non-degradation standards for phosphorus for the nearest downstream recreational waterbody. In addition, the general CUP standards listed at the beginning of this report are applicable to the evaluation of this request. Description of Proposal - The applicant proposes to construct a new inground pool (480 sq. ft.) and pool deck (513 sq. ft.) on this single-family lot. The existing building coverage ratio is now 17%, which complies with the R-1 maximum of 20%. However, the proposed impervious coverage ratio is 30.6%, which exceeds the maximum permitted 25%. As a result, the applicant is requesting approval of a CUP and proposes to implement mitigative measures including a permeable paver driveway and sidewalk, which will retain stormwater runoff on the site and allow for greater amounts of on-site infiltration. The applicant also proposes to remove the existing paver patio, with no replacement. According to the applicant's narrative, the mitigative measures will improve the existing conditions and result in the impervious area being 2,975 sq. ft. or 23%, thereby meeting the Code requirements. Impervious Surface - Impervious Surface Square Footage Ratio to Lot Area (12,868 sq. ft.) Maximum Allowable 3,217 25% Current Conditions 3,431 26.6% Proposed 3,944 30.6% Proposed with Pavers 3,944 23% Planning Report - 716 McFaddens Trail August 26, 2008 Page 4 The excess impervious coverage amounts to 727 sq. ft. Impervious coverage includes the house, driveway, sidewalk, four season porch and pool deck. These calculations do not include the square footage of the inground pool. Storm Water Management/Water Quality - The subject property is within the shoreland overlay district of Fitz Lake (DNR 419-0077), which is considered one of Eagan's priority lakes. The development drains east to Fitz Lake via existing storm sewer. The developer was responsible for wetland mitigation and wetland replacement monitoring for a five year period following approval of the final plat. Mitigative Measures - The 5.6% overage in impervious area is approximately 730 sq. ft. of this lot, which equates to a volume runoff for a 1" rainfall of approximately 61 cubic feet. The proposed permeable paver driveway and sidewalk are estimated to reduce storm water runoff for a 1" rainfall by approximately 81 cubic feet, compensating for the excess impervious area. Permeable Pavers - The applicant is proposing to use permeable pavers for the driveway and sidewalk. The amount of infiltration attributable to this feature is dependent on the preparation of the base and installation of the paver system. A drain tile pipe placed under the driveway is also proposed to drain to an underground collection area to increase the infiltration capabilities of this mitigative measure. These measures should be installed according to the guidelines of the Minnesota Storm Water Manual, with the technical assistance of the Dakota County Soil and Water Conservation District. Because the impervious coverage will be permanent, the pervious pavers need to be maintained to function properly for retention and infiltration of stormwater runoff. No additional impervious area should be added to this lot. Maintenance - Since the proposed mitigative measures will be located on private property and privately maintained, the City does not have assurances that these measures will be maintained and functioning in the long term. Alternatively, if the applicant reduces the impervious surface to the required 25%, there are no assurances that additional impervious surface, separate from any city permitted work, won't be placed on the property. Minnesota DNR - Notice of the proposed CUP was sent to the DNR as required. The DNR commented that "typically 50% of the area is used in a computation with permeable pavers because it is not 100% permeable." The DNR questions where "the new runoff created by the new impervious area {pool) will be directed and if the applicant could reduce the size of the driveway and sidewalk or install an infiltration basin". Finally, the DNR recommends "guidance for the design, installation and maintenance of the permeable pavers." According to the applicant, "drain tile will be installed at the curb to catch any excess water and route it to a drain basin located on the south side of the driveway in our yard." This drain and the additional impervious surfaces, along with the pool will drain to the existing drainage pond to the southeast of the property. The applicant also stated, "We have a 3 stall garage and the driveway is the width of the garage at the garage opening. The driveway then tapers to a two stall making Planning Report - 716 McFaddens Trail August 26, 2008 Page 5 a smaller driveway not feasible. The sidewalk is a normal size (not oversized) with no plans of making it any larger than it is and any smaller would not be feasible". Also, the City will review the design plans and retain an escrow amount for inspection of the installation of the pavers. SUMMARY/CONCLUSION The applicant is proposing to construct an inground pool and pool deck on a single-family lot within the Shoreland Overlay District of Fitz Lake, at 716 McFaddens Trail in the NW 1/4 of Section 36. Shoreland zoning limits impervious coverage to a maximum of 25% of the lot size. The applicant is requesting approval of a Conditional Use Permit to allow 30.6% impervious coverage. The Conditional Use Permit is subject to the seven points listed in the Authority for Review section of this report, in addition to the three criteria specific to increased impervious area that are listed in the shoreland zoning ordinance. Fitz Lake is classified as one of Eagan's priority lakes. The appl icant is proposing to mitigate the impacts of the increased impervious surface by installing pervious pavers for the driveway and sidewalk. The proposed mitigative measures will offset the proposed increase in impervious area. The pervious pavers will need routine maintenance to ensure they continue to function as designed to retain and provide infiltration of stormwater. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to exceed the maximum 25% impervious coverage for an inground pool and pool deck on a residential lot in the Shoreland Overlay District of Fitz Lake, located at 716 McFaddens Trail, legally described as Lot 7, Block 2, Manley Addition, in the NW %4 of Section 36. If approved, the following conditions should apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The impervious surface of this lot shall not exceed 23% per the Site Plan received July 14, 2008. 3. The pervious pavers shall be designed to allow infiltration into the ground of at least the first %z" of stormwater runoff, with this runoff not leaving the lot area after infiltration. 4. The pervious pavers shall be installed according to the design criteria and according to the guidance of the Minnesota Stormwater Manual, with technical assistance from the Dakota County Soil and Water Conservation District as appropriate, and the installation shall be overseen and inspected by City staff at the time of installation. 5. The applicant shall provide a $500 escrow deposit for inspection of the paver installation. 6. The rear yard paver patio shall be removed. P Planning Report - 716 McFaddens Trail August 26, 2008 Page 6 , 7. The applicant shall discharge water from the pool in a form and manner acceptable to the Water Resources Coordinator. 8. The applicant shall properly maintain the permeable pavers to sustain the infiltration rate according to the design criteria. Eagan Boundary p Right-of-way Location Map F7ParPark Area k Area € Building Footprint DyU°£'r~cz6' V",G a~ a d° p p ~ i3 ~ ~ rye 4 e c~ o a t5 c5 ~i n: o ~ 47 - 9 S.3 ~i19 41 : tD 53 0 o o p p ~ O _ a +~t q c, a ~ n Q 9 4 r7 s~ ~d€)FSQdD ~ b ~ . 3 6 Gd - o ? O b 9 19 p Ca ti - 4J U b Q C7 Cl • 4 . E' ~ a b p pppp O ~ ~ ~ ~ 6 0 ° p ~ Q I o ~ r C3 J d o O O a a6 ff b - 4lLy q a4 O~ pC` Yf o q ~ Pp Q - O Q o n- n p ° d o~ ~n~, doh ° ° °a P o qa 9 a INVER ci k d naafi a o a~ GROVE Subject Site ° o } ° b a n d HEIGHTS i i - YII a C7 fi ~ ~ a i? ~ ~ u a p a a ~ ~ a p p 5` ¢Y Gp ti a- - ~ a° o q p D [i O \ r i ° ~ ap ~ 4 -4 O a fi' p P,~ p 47 v a j I q ' fl ❑ fl p i ro e 0 oa E~ oQ4 } - afmurE azr~n 4 - fl _ i a c ~ cArux 4 ~ R/0- 0 5000 2000 Feet Development/Developer: Pamela Oettinger Application: Conditional Use Permit Case No.: 36-CU-08-07-08 _ N City of Ea{{~ W F FI THIS MAP IS INTENDED FOR REFERENCE USE ONLY ddb 6 The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Oettinger Land Use Map Conditional Use Permit 16-CU-02-01-08 Zoning Map PD d ig ~'1 dp~~~ qFh ~ ~ Q NO. R2 CLIFF ROAM ~'p 6 9 ~ d f6 Y a a R,p Current Zonis P Ri Ecp © ac949a 4 g. ' Location ~ . ~ R-1 P e Single- Family % P a d o n 5 P a A A °0 °h O b ~ q V Sao a Boo 3200 Feet $ 4~ Comprehensive Guide Plan - n&N Ln 114, n_ ©a La No" Land Use Map dbt? i? NO. RR CLIFF ROAD (y1 4 P 9 1 Y L dq @j 57 ~1 ~J ve' 49 ffi d Q - P L4.~ 6 • 6 Q = ~ o-H L ~'3 4~099Q 7 Location 9 ® 94p 4 Current Land Use Designation: d g@ opm a s0" 0 a, d G LD 6 y b Low Density LID \ e aQ =°s N~• P ° O 00 iy P'k' Ln ~L LD' ti Q 0 Q Le o d Qo- 500 0 Boo %Zoo Feat k ^ Q 40 4P Pa-$ has. maP Intermafion pravidad LY Dakota coupty Land surveY Department Decmher 2005. N ,r l f n Dian Zoning 1"F rmau.n maintained by City Staff. City of THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. S 2422 Enterprise Dove Mendota Heights, MN 55120 r (6'31) 581-1914 FAX' 9488 LE]F;e LN C ux srmc .ova Tna tTrc ENro MA tR%. Lumxwr owncTs 625 Highway ION E ft1~~>` PIg ougmc, tAN 55434 (512) 783-1880 FAX:783-1983 .A ~ .v , ;rtificate of survey for: MANLEY BROS. CONSTR. t MCFADDENS TRAIL, EAGAN CLIENT-OTMNG£R BENCH MARK REV.= PIPE ELEV.= 944 24 I 1 I 51 L i-r jC61J G r 5 xRas D xean a g. X i 6~ T 2T1. , N89'49'28"W TAB 3x1 .00 ~q~3~th'r:5 35,26 afa 6 ~~aa r as r y tJL,. Y {g3~,xa yR ~ rn qRS•~ 1D ~ 2483 s T9ia.9 -vr r1 ~ i w 1 ~b p~ 9tz U3 c+`200 s~o TV) a1 r 7., q g D Q 1S X z .T~ 11 50 4 t+7 /x97]. _ 3O0 r r 'Q r! 4 y ~O i.- 3~7.d 1 It s f 300 ^~a1 S Q s?~~ L ~ srty a~ TP ~ / ~b~ ~ L ~44E .Yl~ ,6 fl Atil to 4 ~ ~ Zt7 r S d O t~ ~ 84, 5 c t, 04 '7 e A:111 Z x1131. 1-*,/Gov ./I E 1 S;.` D nxB a s br itZ Eel p f tti2gga~ ~~0 r tt 13"L~6E~iiIS~~T _ TOP OF PIPE ~1dos 11~D,s ~ I EIEV942.90 A \J.L., _ ~ITL trt.l ~I~O.O LOT AREA - 12,136B S,F. HO~~U~~SE AREA - 2141 S.F COVERACEE~ 17 OSZS,E NOTE: PROPGSEO GRADES SVto M PCR ORAOINC PLAN BY: P10HEER +TD TE: BUILDING MIAZOMONS SHOWN ARE FOR HONZONTAL ANO VERTICAL LDCA71GH PTTOPOSEQ HU,~fSE ELF OF STRUCTURES ONLY, SEE ARCHITECTUAL PLANS FDA 9LIURrO AND , FOUNDAnON WMENSIONS, LOWEST FLOOR ELEVATION: ''S NOTE: NO SPEaRC SOILS INVESTIOATIDN HAS BEEN COMPLETED Olt THIS LOY BY THE _ SURVEY4R. THE SUITABILITY OF SOSLS TO SUPPORT THE SPEC1nC HCUSE TOP OF BLOCK ELEVATION: FRGPOSEO 15 ROr THE RLSPOUS IUTY OF THE SURVEYOR GARAGE SLAB ELEVATION: 915, NOrE; THIS CE511rMATE DOES NOT PURPORT TO SHOW EASEMEHIS OTHER THAN TD>3 ®LOOKOUT ELEVATION, R+GSE SHOWN ON THE RECORDED PLAT NOTE: CONTRACTOR MUST VER(rY DRIVEWAY DESIGN. g naO.00 DENOTES E1'J5nNG ELEYAT,DN NOTE: BEARRIGS SHOWN ARE BASED OH AN ASSUMED OATUM I GDO.OO ) DENOTES PROPOSED El EVAnCN _ - - DENOTES DRAINAGE AND UnUTY EASELTNT WE HEREBY CERTIFY TO MANLEY BROS CONSTR. THAT THIS IS A TRUE DENOTES DRAINAGE FLOW DIRErPON AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF: DENOTES MONUMENT _eDENOTES OFFSET HUB LOT 7, BLOCK 2, MANLEY ADDITION DAKOTA COUNTY, MINNESOTA IT DOES NOT PURPORT TO SHOW IMPROVEMENTS OR ENCHROACHMENTS EXCEPT AS SHOWN, AS SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION THIS 9TH DAY OF NOVEMBER, 2001 j SIGI PIONEER ENGINEERING, P.A. SCALE I 1 INCH = 30 FEET `ot5{! (4~BtD~ BY, I. AT g- No 19790 -.111 QqUTrQ 8^ Yeslergren Re • n4 o RFPF1VF0 11 it 1 G gatin D Cn m x w K CO m a o w -u CF) o o s CD CD JO. (D Sty- Ul rm X rn = a3 rn co A3 C4 C 01 Q 3 (.11 VI D {3 rL 3 11) (b s O o ~ , (Ei C, CD 0 m 0 :3 C) ro n m 3 a o n - ro ~w'~ ~ 0 O m wwc0 3 m Co Z (D 0 m CLO 0 OD -5i :3 Ad CL CL CD O W . 0 9 Q X X X3 p ID (p 7 W A z 1U Q Q Q Z (3~ cjl I77 s E N O CA O 10 M a R-i Cn (D C0 m m 0 cs co CD r. I i I ~ Cl) I ~ r # a o g { ° 46 j G7 g r_r 1 B m 1 a = D ai , f G) ~ t m C.) ID i o CO li :2 cli ~ m m WS 8Z o co 0 # CD D M Ul CD I m m # Q' X 4 (DWCT0 v C ~ W d 1 O ih. CO 3 _ Cl1 C7 (B X 7 # ' ir, > i J eC 0 I CO CD _0 0 O C) o Q c co (fl ~ ~i~4i RECEIVED U ' ~f e. J S ITF PLAN 'ate ar • I - a C y - K ass ~x F a , x ~ ~ M1 AERIAL Page 1 of f Roger and Pamela Oettinger From: Oettinger, Roger [Roger.Oettinger@adc.com] Seat: Monday, July 14, 2008 8:52 AM To: Roger and Pamela Oettinger Conditional Use Permit Written Narrative: We (residential homeowners) want to install an inground pool on our residential property located on 716 McFaddens.Trl, Eagan, MN 55123; however, the pool deck would put us over our impervious surface limit. Our impervious surface limit (25% of total property sq. ft.) is 3,217 sq. ft. but existing structures including the house, driveway, sidewalk and four season porch place us over that limit by --214 sq. ft. (without the addition of a pool deck.) Adding a pool deck of -513 sq. ft, would put us -727 sq. ft. over our impervious surface limit. We are requesting permission to replace our driveway and sidewalk with porous pavers installed over a soluble base to bring our home under the impervious surface limit by -242 sq. ft.. and allow us to install the inground pool. A summary of the approximate calculations is as follows: Total impervious sq. ft, limit 317 31 Current existing impervious sq, ft. 3,4 Current Over/(Under) sq. ft. limit: 214 Add.- Pool deck 513 Subtotal Over/(Under) max sq. ft. allowance: 727 Less: Driveway & sidewalk replacement wl po ro us p av ers and solu able base 69 Overl(Under) max sq. ft. allowance (242) Upon approval, the permit for the inground pool would be submitted with installation beginning immediately upon approval (September 2008.) The equipment to install the pool will be using the driveway to minimize yard replacement and because that (north) side of the home provides the greatest access for equipment. Immediately upon completing installation of the inground pool, the driveway and sidewalk would be replaced with the porous pavers and soluble base (early October 2008.) RECEIVED JUL 14 2008 CQ -7!7 n 111nnQ KI A DID A_TI1 ir- e AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER SEPTEMBER 2, 2008 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. Approve EDA Minutes D. OLD BUSINESS E. NEW BUSINESS 1. AUTHORIZE Submittal of DEED Minnesota Investment Fund Application for Expansion of Biothera at 3388 Mike Collins Drive F. OTHER BUSINESS G. ADJOURN Agenda Information Memo Eagan Economic Development Authority Meeting September 2, 2008 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENT AGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. + MINUTES -The minutes of the August 19, 2008 EDA meeting are enclosed on pages MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota August 19, 2008 A meeting of the Eagan Economic Development Authority was held on Tuesday August 19, 2008 at the Eagan Municipal Center. Present were President Maguire, Commissioner Fields, Commissioner Bakken, Commissioner Tilley, and Commissioner Hunter. Also present were Executive Director Hedges, Community Development Director Hohenstein and City Attorney Dougherty. ADOPT AGENDA Commissioner Fields moved, Commissioner Bakken seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It was recommended to approve the minutes of the August 4, 2008 EDA meeting. OLD BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT CORE AREA PREDEVELOPMENT AGREEMENT WITH DORAN-PRATT Community Development Director Hohenstein discussed the need for an extension of the pre-development agreement with Doran-Pratt. The original agreement's term was one year. He indicated that City staff and the developer have been working on refined development plans and the related financing plan, but the status of the development market, the status of the credit market and the additional time required for site assembly due to the eminent domain appeal have slowed the process. He said that the developer remains committed to finalizing the plans and negotiations with the City and that they are hopeful of bringing forward a plan that would permit the initiation of a first phase of redevelopment in 2009. Commissioner Bakken moved, Commissioner Fields seconded a motion to approve an extension of the Predevelopment Agreement with Doran-Pratt regarding the redevelopment of the core area property in the Cedar Grove Redevelopment District for one year. Aye: 5 Nay: 0 CEDAR GROVE REDEVELOPMENT - NORTH DISTRICT UNITED PROPERTY REQUEST TO DISCONTINUE WINGFOOT ACQUISITION Community Development Director Hohenstein discussed a request by United Properties to discontinue efforts to acquire the Bernstein-Perwien property located at 3815 Nicols Road. Commission members held a discussion regarding development plans for the area. Commissioner Bakken moved, Commissioner Fields seconded a motion to approve a request by United Properties to discontinue the action to acquire the Bernstein-Perwien (Wingfoot) Property located at 3815 Nicols Road. Aye: 5 Nay: 0 Commissioner Bakken moved, Commissioner Fields seconded a motion to direct staff to work with United Properties to further define an alternative development concept for the area and to consider the possible amendment or termination of the current Redevelopment Agreement. Aye: 5 Nay: 0 NEW BUSINESS There were no New Business items. OTHER BUSINESS There were no Other Business items. Commissioner Hunter moved, Commissioner Bakken seconded a motion to adjourn the EDA meeting at 7:05 p.m. Date Thomas Hedges, Executive Director Agenda Memo Eagan Economic Development Authority Meeting New Business September 2, 2008 1, AUTHORIZE SUBMITTAL OF DEED MINNESOTA INVESTMENT FUND APPLICATION FOR EXPANSION OF BIOTHERA AT 3388 MIKE COLLINS DRIVE ACTION TO BE CONSIDERED: To authorize submittal of a state Department of Employment and Economic Development Minnesota Investment Fund Application for Expansion of Biothera at 3388 Mike Collins Drive. FACTS: • Biothera is an Eagan based Biotechnology company dedicated to improving immune health. Biothera operates two business groups, a pharmaceutical group focused on an immune therapy drug designed to enhance cancer treatment, and a healthcare group focused on commercializing their technology through patented food-grade ingredients. • Biothera occupies 24,000 square feet of the 3388 Mike Collins Drive location and currently employs approximately 30-40 people. The business will soon be experiencing rapid growth due to a next level of analysis needed as they move them products toward commercial development. • Biothera anticipates a 12,000 square foot internal expansion of the existing facility and adding approximately 30 additional employees. Their total project costs are anticipated at approximately $1.2 million, of which they are seeking gap financing of approximately $350,000 through a Minnesota Investment Fund (MIF) grant. • Minnesota Investment Fund grants are awarded to local government units who provide loans to assist expanding businesses. All projects must meet minimum criteria for private investment, number of jobs created or retained, and wages paid. After an award is granted, the local unit of government creates and facilitates the loan documents. • Department of Employment and Economic Development staff has held preliminary discussions with Biothera representatives and then contacted our staff about the potential for the City to act as a conduit for the funding. • All projects receiving a MIF grant must meet job and wages goals established by the state. The City business subsidy policy also requires wage and job growth/retention requirements. Biothera's funding request was measured against these policies and found to exceed all requirements. • The City has been the conduit for MIF loans on two other occasions in the past. ATTACHMENTS: • Location map on page • City preliminary application on pages through ff Eagan Boundary Right-of-way Location a Park Area Park Area t € I. Building Footprint P Sf 4 QQ r ep f a I = i 0 t3 l~ ~ fl i5a ~ i t~ i- , Sub1ject Site r' W 0 1.-3 S 0 [1 1000 0 1000 2000 Feet 3388 Mike Collins Drive City of Eapn THIS MAP IS INTENDED FOR REFERENCE USE ONLY W JJJ 666 The City of Eagan and Dakota County do not guarantee the accuracy of this information and are $ Community pevetopment Department not responsible for errors or omissions. e CITY OF EAGAN PRE-APPLICATION BUSINESS ASSISTANCE FINANCING Legal name of applicant: Biopobymer Engineeringlnc. t7BA B;othera 3388 Mike Collins Drive Address: Eagan, Minnesota 55121 Telephone number: 651-675-0300 Name of contact person: Steven Karel chief operating Officer REQUESTED INFORMATION Addendum shall be attached hereto addressing in detail the following: 1. A map showing the exact boundaries of proposed development. 2. Give a general description of the project including size and location of building(s); business type or use, traffic information including parking, projected vehicle counts and traffic flow; tinning of the project; estimated market value following completion. 3. The existing Comprehensive Guide Flan Land Use designation and zoning of the property. Include a statement as to how the proposed development will conform to the land use designation and how the property will be zoned. 4. A statement identifying how the assistance will be used and why it is necessary to undertake the project. 5. A statement identifying the public benefits of the proposal including estimated increase in property valuation, new jobs to be created, hourly wages and other community assets. 6. A written description of the developer's business, principals, history and past projects I understand that the application fee will be used for City staff and consultant costs and may be partially refundable if the request for assistance is withdrawn. Refunds will be made at the discretion of the City Council and be based on the costs incurred by the City prior to the withdrawal of the request for assistance. If the initial application fee is insufficient, I will be responsible for additional deposits. SIGNATURE Applicants signature: Date, August 28, 2008 S the immune health company Biopolymer Engineering, Inc., is a Minnesota Corporation founded in 1997, and changed its business name to Biothera Biothera" and "Company') in 2005. The Company is privately held development stage biotechnology company that occupies approximately 24,000 square feet of leased office, laboratory and warehouse/distribution space in Eagan, MN, at 3388 Mike Collins Drive. Biothera is developing technology focused on the human immune system. Biothera is developing its technology through two businesses; 1) a Pharmaceutical Group that is developing drugs that activates specific cells of the immune system to target and kill cancer cells. The company is currently testing its investigative new drug candidate, Imprime PGG, in two human clinical trials where the drug is being used to treat patients with metastatic colorectal cancer. The company also is planning on initiating another clinical trial the end of the year for the treatment of patients with lung cancer and 2) a Healthcare Group that develops and sell immune enhancing food grade ingredients to the food, nutraceutical, animal nutrition and cosmetic markets. The Healthcare Group has sales and is projecting significant growth over the next five years as food and nutrition customers bring new products to consumer markets that include Biothera's patented ingredients. The company is in need of the proposed loan due to the following: 0 The company research has been funded through the raising of capital from over 200 individual angel investors/shareholders to date. This capital has been invested extensively in research and development. Q Biothera has currently has 36 employees primarily consisting of management, administration, scientific and pharmaceutical professionals. With the expected growth of both the Healthcare business and the continued development of its drug candidate through later stage clinical trials, the company projects that it needs to add -30 additional employees over the next 2 years. These new positions will be primarily in the research and pharmaceutical development area. 0 The Company's current lab space is not sufficient to meet the projected need over the next 2 years. The company has proposal from its landlord to lease an additional 12,000 square feet of existing space. The project will more than triple the existing laboratory space and add office space for researchers and pharmaceutical development professionals. The necessary leasehold improvements, laboratory fixtures and equipment total -$1.2 million. The landlord is only able to provide financing for ---401/1o of the costs of the project. The company will obtain fmancing/capital for 30% of the projected costs and Biothera is requesting a loan through the State DEED/ City of Eagan for -301/o ($350,000) of the project. CONFIDENTIAL r~ cJ the immune health company ❑ The majority of the existing and new employees are college graduates, many with advanced degrees (Masters and Ph.D.) The average wage for these new positions is expected to greater than $70,000. In summary, Biothera has invested its capital in research and development activities and as typical for biotechnology companies, has not yet achieved profitable operations. As such, traditional bank financing, especially in these tight financial markets, is not available. The proposed loan financing will assist the company in expanding its space as necessary to meet its needs and keep it in its current Eagan location. KEY MEMBERS OF MANAGEMENT Richard G. Mueller, President and Chief Executive Officer: Has held a number of senior executive positions, including: President, Textron Omniquip Alliance Group; President/CEO, Weslock Inc.; Chairman/ CEO, Playcore Inc.; and Managing Director, Toro-Wheel Horse; has also held a number of senior management positions with both Toro and 3M Company earlier in his career. Steven J. Karel, Chief Operating Officer-Research and Technology Operations: Responsible for technology development and corporate operations at Biothera; previously CPA with KPMG (formerly Peat, Marwick Mitchell & Co) then served as CFO and COO at several service and technology companies, including Techtel, managing start-up and development stage businesses. He has been with Biothera since its founding and has been key to the development of its biopharma business strategy. William L. Gacki, Chief Financial Officer: Both domestic and international experience encompassing finance, mergers and acquisitions, corporate development and operating unit management; previously, was VP/Treasurer for H.B. Fuller, and VP Corporate Development and Planning for Cray Research; also has held senior executive positions with Exxon Corporation, Esso Inter-America and Esso Brazil. Myra L. Patchen, Ph.D., Executive Vice President, Pharmaceutical Development: Responsible for Biothera's drug development efforts; previous positions include CEO of Sueampo Pharmaceuticals, Inc., Director, Preclinical Pharmacology at Alpha Beta Technology, Inc., and Project Manager at the Armed Forces Radiobiology Research Institute; B.S. and M. S. in Biology from Bowling Green State University and a Ph.D. in Immunology from the University of Texas, Houston. CONFIDENTIAL 2 5,/ Agenda Information Memo Eagan Economic Development Authority Meeting September 2, 2008 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting. i AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER SEPTEMBER 2, 2008 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. Approve EDA Minutes D. OLD BUSINESS E. NEW BUSINESS 1. AUTHORIZE Submittal of DEED Minnesota Investment Fund Application for Expansion of Biothera at 3388 Mike Collins Drive F. OTHER BUSINESS G. ADJOURN r MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota August 19, 2008 A meeting of the Eagan Economic Development Authority was held on Tuesday August 19, 2008 at the Eagan Municipal Center. Present were President Maguire, Commissioner Fields, Commissioner Bakken, Commissioner Tilley, and Commissioner Hunter. Also present were Executive Director Hedges, Community Development Director Hohenstein and City Attorney Dougherty. ADOPT AGENDA Commissioner Fields moved, Commissioner Bakken seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It was recommended to approve the minutes of the August 4, 2008 EDA meeting. OLD BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT CORE AREA PREDEVELOPMENT AGREEMENT WITH DORAN-PRATT Community Development Director Hohenstein discussed the need for an extension of the pre-development agreement with Doran-Pratt. The original agreement's term was one year. He indicated that City staff and the developer have been working on refined development plans and the related financing plan, but the status of the development market, the status of the credit market and the additional time required for site assembly due to the eminent domain appeal have slowed the process. He said that the developer remains committed to finalizing the plans and negotiations with the City and that they are hopeful of bringing forward a plan that would permit the initiation of a first phase of redevelopment in 2009. Commissioner Bakken moved, Commissioner Fields seconded a motion to approve an extension of the Predevelopment Agreement with Doran-Pratt regarding the redevelopment of the core area properly in the Cedar Grove Redevelopment District for one year. Aye: 5 Nay. 0 Agenda Memo Eagan Economic Development Authority Meeting New Business September 2, 2008 1. AUTHORIZE SUBMITTAL OF DEED MINNESOTA INVESTMENT FUND APPLICATION FOR EXPANSION OF RIOTHERA AT 3388 MIKE COLLINS DRIVE ACTION TO BE CONSIDERED: To authorize submittal of a state Department of Employment and Economic Development Minnesota Investment Fund Application for Expansion of Biothera at 3388 Mike Collins Drive. FACTS: • Biothera is an Eagan based Biotechnology company dedicated to improving immune health. Biothera operates two business groups, a pharmaceutical group focused on an immune therapy drug designed to enhance cancer treatment, and a healthcare group focused on commercializing their technology through patented food-grade ingredients. • Biothera occupies 24,000 square feet of the 3388 Mike Collins Drive location and currently employs approximately 30-40 people. The business will soon be experiencing rapid growth due to a next level of analysis needed as they move their products toward commercial development. • Biothera anticipates a 12,000 square foot internal expansion of the existing facility and adding approximately 30 additional employees. Their total project costs are anticipated at approximately $1.2 million, of which they are seeking gap financing of approximately $350,000 through a Minnesota Investment Fund (MIF) grant. • Minnesota Investment Fund grants are awarded to local government units who provide loans to assist expanding businesses. All projects must meet minimum criteria for private investment, number of jobs created or retained, and wages paid. After an award is granted, the local unit of government creates and facilitates the loan documents. • Department of Employment and Economic Development staff has held preliminary discussions with Biothera representatives and then contacted our staff about the potential for the City to act as a conduit for the funding. • All projects receiving a MIF grant must meet job and wages goals established by the state. The City business subsidy policy also requires wage and job growth/retention requirements. Biothera's funding request was measured against these policies and found to exceed all requirements. • The City has been the conduit for MIF loans on two other occasions in the past. ATTACHMENTS: ~-y • Location map on page i'S a • City preliminary application on pages through D e7 IT- CITY OF EAGAN PRE-APPLICATION BUSINESS ASSISTANCE FINANCING Legal name of applicant: Mopolymer Englneeringlne. DBA Biothera 3388 MHke Collins Drive Address: Eagan, Minnesota SS121 { Telephone number: 651-675-0300 Name of contact person: Steven Karel Chief Operating Officer REQUESTED INFORMATION Addendum shall be attached hereto addressing in detail the following: 1. A map showing the exact boundaries of proposed development. 2. Give a general description of the project including size and location of building(s); business type or use, traffic information including parking, projected vehicle counts and traffic flow; timing of the project; estimated market value following completion. 3. The existing Comprehensive Guide Plan Land Use designation and zoning of the property, Include a statement as to how the proposed development will conform to the land use designation and how the property will be zoned. 4. A statement identifying how the assistance will be used and why it is necessary to undertake the project. 5. A statement identifying the public benefits of the proposal including estimated increase in property valuation, new jabs to be created, hourly wages and other community assets. 6. A written description of the developer's business, principals, history and past projects I understand that the application fee will be used for City staff and consultant costs and may be partially refundable if the request for assistance is withdrawn. Refunds will be made at the discretion of the City Council and be based on the costs incurred by the City prior to the withdrawal of the request for assistance. If the initial application fee is insufficient, I will be responsible for additional deposits. SIGNATURE Applicant's signature: Date: Airgust 28, 2008 5 57 the immune health company © The majority of the existing and new employees are college graduates, many with advanced degrees (Masters and Ph.D.) The average wage for these new positions is expected to greater than $70,000. In summary, Biothera has invested its capital in research and development activities and as typical for biotechnology companies, has not yet achieved profitable operations. As such, traditional bank financing, especially in these tight financial markets, is not available. The proposed loan financing will assist the company in expanding its space as necessary to meet its needs and keep it in its current Eagan location. KEY MEMBERS OF MANAGEMENT Richard G. Mueller, President and Chief Executive Officer. Has held a number of senior executive positions, including: President, Textron Omniquip Alliance Group; President/CEO, Weslock Inc.; Chairman/ CEO, Playcore Inc.; and Managing Director, Toro-Wheel Horse; has also held a number of senior management positions with both Toro and 3M Company earlier in his career. Steven J. Karel, Chief Operating Officer-Research and Technology Operations: Responsible for technology development and corporate operations at Biothera; previously CPA with KPMG (formerly Peat, Marwick Mitchell & Co) then served as CFO and COO at several service and technology companies, including Techtel, managing start-up and development stage businesses. He has been with Biothera since its founding and has been key to the development of its biopharma business strategy. William L, Gacki, Chief Financial Officer. Both domestic and international experience encompassing finance, mergers and acquisitions, corporate development and operating unit management; previously, was VP/Treasurer for H.B. Fuller, and VP Corporate Development and Planning for Cray Research; also has held senior executive positions with Exxon Corporation, Esso Inter-America and Esso Brazil. Myra L. Patchen, Ph.D., Executive Vice President, Pharmaceutical Development: Responsible for Biothera's drug development efforts; previous positions include CEO of Sucampo Pharmaceuticals, Inc., Director, Preclinical Pharmacology at Alpha-Beta Technology, Inc., and Project Manager at the Armed Forces Radiobiology Research. Institute; B.S. and M.S. in Biology from Bowling Green State University and a Ph.D. in Immunology from the University of Texas, Houston. CONFIDENTIAL 2