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09/06/2005 - City Council Regular
AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING September 6, 2005 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA (At approximately 8:00 p.m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA a A. APPROVE MINUTES B. PERSONNEL ITEMS f Il C. CHECK REGISTERS ?%X D. APPROVE On-Sale Wine, Sunday Wine License, Beer License and Consumption and Display (Set Up) permit for Sambol, Inc., dba Sambol Restaurant, 1260 Town Centre Drive p 13 E. APPROVE Off-sale Liquor License for Melina P. To, dba Melina's Discount Liquory, 3090 Courthouse Lane F. APPROVE Premises Permit Application for American Vets Post #1 to conduct a pull-tab operation at Axel's Bonfire, 1555 Cliff Road G. APPROVE Final Planned Development and Final Subdivision - Homestead Village - Manley Land Development - A Final Planned Development of 7.3 acres to create nine (9) twin homes; a Final Subdivision of 7.3 acres to create nine (9) twin home lots and one (1) outlot in the SE'/4 of Section 36. 34 H. APPROVE Final Plat - Haley's 2°d Addition - A Final Plat to combine two lots (Lots 4 & 5, Block 1, Halley's Addition into one lot located at 4861 Biscayne Avenue in the SE '/4 of Section 36. p I. APPROVE Final Subdivision - Blue Ridge Sixth Addition - A Final Subdivision of approximately 20.4 acres to create two lots on Lot 1, Block 1, Blue Ridge Fifth Addition located in the SW '/4 of Section 1. P 3$ J. APPROVE Final Plat - View Pointe - A Final Plat to plat property at 3909 Valley View Drive in the NW '/4 of Section 19. a~a K. APPROVE final payment and authorize City Maintenance for Contract 04-07 (Lexington Ridge - Street Improvements) p q l L. RECEIVE Assessment Roll and approve final assessment roll for Project 906 (Lexington Ridge - Street Improvements) P U-1 M. RECEIVE Assessment Roll and schedule final assessment public hearing (October 6, 2005) for Project 914 (Thomas Lake Heights - Street Overlay Improvements) p y3 N. RECEIVE Assessment Roll and Schedule Final Assessment Public Hearing (October 6, 2005) for Project 916 (St. Francis Wood - Street Overlay Improvements) 0440. RECEIVE Petition, order public hearing (October 6, 2005) (Amundson's Corner Addition, Easement Vacation) P 4-1 P. RECEIVE Feasibility Report for Project 937 (Lone Oak Parkway - Trail Improvement) 14J?Q. AUTHORIZE Feasibility Report for Project 888 (Cedar Grove Parkway - Trail and lighting Improvements) ~n I R. APPROVE Variance to Municipal State Aid Standards for Project 745 (Blue Gentian Road - Street and Utility Improvements) saS. APPROVE the Dakota County Transportation Department's Draft 5-Year Capital Improvement Program (2006- 2010). 63T. APPROVE Agreement with Dakota County for the construction of Project 918 (Pilot Knob Road, Lone Oak Road to Central Parkway - Street and Traffic Signal Improvements) P ~y U. APPROVE extended working hours for Project 05-M (Steeplechase) ~I V. AWARD Contract 05-07 (Sanitary Sewer - Relining) W. RECEIVE Petition and order public hearing (October 6, 2005) for easement vacation (LaQuinta Inn) PS~ V. PUBLIC HEARINGS P to A. VARIANCE- Renaissance Exteriors -A Variance of 1% to the maximum lot coverage of 20% for a four season porch located at 4326 Amber Drive in the NE of Section 30. VI. OLD BUSINESS PA. Resolution approving the Joint Powers Agreement Establishing the Dakota Communications Center. VII. NEW BUSINESS P A. CERTIFICATION OF PRELIMINARY 2006 BUDGET and Property Tax Levy and Set Truth-In-Taxation Hearing Dates. "I S B. ORDINANCE AMENDMENT - Chapter 2, Administration and General Government, regarding the sale of public property. P r p~ C. CONDITIONAL USE PERMIT AND FINAL PLAT - Gemini Road Industrial park - Welsh Companies - A Conditional Use Permit to allow outdoor storage of truck trailers; and a final plat of three (3) parcels into one (1) located on Lots 1, 2, and 3, Block 6, Eagan Industrial Park #3 in the NW of Section 11. Pill D. CONDITIONAL USE PERMIT, VARIANCES AND FINAL PLAT - Salem Communications - A Conditional Use Permit to allow an expansion of an existing radio station, and a Variance to allow encroachment of pavement into the right-of-way and a final plat of two (2) parcels into one (1) located on property at 2110 Cliff Road in the NE '/4 of Section 31. P (Cf 9~.E. PLANNED DEVELOPMENT AMENDMENT - Phillips 66 - Amtech Lighting - A Planned Development Amendment to allow a 27 foot pylon sign for the property located at 3575 Pilot Knob Road in the NE of Section 16. d ~Sl} F. REZONING, PRELIMINARY PLANNED DEVELOPMENT, FINAL PLANNED DEVELOPMENT - Eagan f Preserve - MSP Commercial - A Rezoning of 3.69 acres from RD Research and Development to PD Planned Development. A Preliminary Planned Development to create three buildings for office use and two restaurants. A Final Planned Development to create one building for office use located at Lot 2, Block 1, Eagan Preserve, Dakota County, in the SE of Section 09. G. ORDINANCE AMENDMENT - Zoning Map Update - Approve the publication of the Zoning Map of the City of Eagan, MN pursuant to Chapter 11 entitled "Land Use Regulations (Zoning)" Section 11.20, Subd.2 of the City Code, incorporating approved rezoning since last map publication and known errors. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE /I`~LIX. NEW RUNWAY/AIRPORT UPDATE I" X. ADMINISTRATIVE AGENDA a. Comments by City Council, City Administrator, and Department Heads XI. ECONOMIC DEVELOPMENT AUTHORITY 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 P o~ B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS P 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Direction regarding Core Area Master Developer Development Agreement - Schafer Richardson E. NEW BUSINESS 1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT - Schedule Public Hearing to consider a Development Agreement with McGough companies and the Public Purpose of the Acquisition and Assembly of Property located on Blue Gentian Road and Blue Gentian Circle. 2. SOUTHEAST EAGAN REDEVELOPMENT DISTRICT - Approve Consultant Services Agreement for Analysis of Potential Redevelopment District - LHB Corporation. PQfo F. OTHER BUSINESS G. ADJOURNMENT XII. VISITORS TO BE HEARD (for those persons not on agenda) XIII. CLOSED SESSION XIV. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. 401~ City of EMe To: HONORABLE MAYOR & COUNCILMEMBERS From: CITY ADMINISTRATOR HEDGES Date: SEPTEMBER 2, 2005 Subject: AGENDA INFORMATION FOR SEPTEMBER 6, 2005 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the September 6, 2005 City Council agenda, the following items are in order for consideration. Agenda Information Memo September 6, 2005 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 16, 2005 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the August 16, 2005 regular City Council meeting are enclosed on pages through 1 C~z MINUTES OF A REGULAR MEETING OF THE DRAFT EAGAN CITY COUNCIL Eagan, Minnesota August 16, 2005 A Listening Session was held August 16, 2005 at 6:00 p.m. prior to the regular City Council meeting. All members of the City Council were present except Councilmember Tilley. Larry Wittwer, 4785 Erik's Boulevard discussed a citation he received regarding his commercial vehicles parked on the street. Several of Mr. Wittwer's neighbors were present to voice their support of Mr. Wittwer being allowed to continue parking on the street. Council directed the City Attorney to research an ordinance amendment pertaining to on street parking of commercial vehicles. A regular meeting of the Eagan City Council was held on August 16, 2005 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Fields, Carlson, Tilley and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that item X on the Consent Agenda will be considered as item C under Old Business. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: Nay: RECOGNITIONS AND PRESENTATIONS Randy Distad, representing the Minnesota Recreation and Parks Association presented the Award of Excellence in recognition of the Passport to Play project. CLARIFICATION OF LANDSCAPE PLAN - HAWTHORNE RIDGE A presentation was made regarding the landscaping of the Hawthorne Ridge retail development at the northwest intersection of Highway 3 and Diffley Road. The Council had directed that a clarification be presented at a regular Council meeting due to questions raised by a neighboring property owner at a recent Listening Session. CONSENT AGENDA Mayor Geagan recognized the volunteers for Burnsville / Eagan Community Television. (item K) Mayor Geagan moved, Councilmember Fields seconded a motion to proclaim August 18, 2005 as Burnsville/Eagan Community Television Volunteer Appreciation Day. Aye: 5 Nay: 0 Community Development Director Hohenstein requested clarification on the July 7 Special City Council meeting minutes (page 3) regarding an open house to present the results of the Northeast Eagan Land Use Study. It was the consensus of the Council that an open house be held as needed. Councilmember Tilley moved, Councilmember Geagan seconded a motion to approve the balance of the consent agenda. Aye:5 Nay:0 A. Minutes. It was recommended to approve the minutes of the August 1, 2005 regular City Council meeting, the August 9, 2005 special City Council meeting and the July 7, 2005 special City Council meeting as presented or modified. B. Personnel Items. 1. It was recommended to approve the hiring of Cora Pieper and Lori Stefanko as part-time guest services representatives at the Community Center. 2. It was recommended to approve the hiring of Tait Anderson, Joey Morrison and Peter Borash as part-time concessionsibuilding attendants at the Community Center. 3 Eagan City Council Meeting Minutes DRAFT August 1, 2005 Page 2 3. It was recommended to approve a resolution authorizing an All Employee Training Event on September 8, 2005. 4. It was recommended to approve the adjustment to the 2005 City Administrator compensation to the top step of level 19. 5. It was recommended to approve re-hire of Ken Southom as a part-time temporary employee providing support with emergency management. C. Check Registers. It was recommended to ratify the check registers dated August 4, 2005 and August 11, 2005 as presented. D. Reschedule Regular Council meeting. It was recommended to reschedule the regular City Council meeting for Tuesday, November 1 rather than Thursday, November 3, 2005. E. Fee Schedule Revision. It was recommended to amend the 2005 Fee Schedule charges for police and fire reports to $.25 per page. F. Community Center Operating Budget and Membership Rates. It was recommended to approve the 2006 membership rate and to approve the proposed 2006 Community Center operating budget. G. Membership Promotion -Community Center. It was recommended to approve a one month membership to be promoted, marketed and sold at the Eagan Community Center in December, 2005. H. Fitness Membership - Minimum Age - Community Center. It was recommended to approve a change in the Eagan Community Center policy that would reduce the minimum age for membership from 15 years old down to 12. Members age 12-14 would have to be accompanied by a member parent at all times. I. Civic Arena Operating Budget. It was recommended to approve the 2005-2006 ice rental rates at no change from the 2004-2005 rates, to approve the proposed 2006 Civic Arena operating budget, and to approve the 2005 purchase of 2006 capital outlay items. J. Cascade Bay Operating Budget. It was recommended to approve the 2006 Cascade Bay user rates at no change from the 2005 rates and to approve the proposed 2006 Cascade Bay operating budget. K. Bumsville/Eagan Community Television Volunteer Appreciation Day August 18, 2005. It was recommended to proclaim August 18, 2005 Burnsville/Eagan Community Television Volunteer Appreciation Day. L. Ordinance Amendment. It was recommended to adopt an ordinance amendment to Chapter 5, Wine, Beer and Liquor Licensing and Regulation. M. Liquor License. It was recommended to approve the on-sale liquor and Sunday license and (brewpub off- sale malt liquor license, which is subject to approval by the Minnesota Commissioner of Public Safety) for Granite City Food and Brewery LTD to be effective following the adoption of an ordinance amendment of Chapter 5 of the Eagan City Code regarding brewpub operations. N. Liquor License. It was recommended to approve the off-sale liquor license for Pradith Inc., dba Urban Liquors, 1983 Silver Bell Road. 0. Tobacco License. It was recommended to approve a Tobacco License for Pradith Syhaphom, Urban Liquors, 1983 Silver Bell Road. P. Tree Maintenance Contract License. It was recommended to approve a Tree Maintenance Contractor License for Kaposia Tree Service, 409 Rehnberg Place in West St. Paul. Q. School Liaison Agreement. It was recommended to approve a School Liaison Agreement between the City of Eagan and Independent School District #191 to provide School Resource Officers to VALE Education Center and Metcalf Junior High School. R. CMAO Grant Application. It was recommended to authorize the submittal of a Federal Congestion Mitigation and Air Quality Improvement (CMAQ) Program Grant Application for funding of Cedar Grove East Transit Station. S. Housing Improvement Districts Policy. It was recommended to authorize the preparation of a policy pertaining to the creation of Housing Improvement Districts to assist with certain improvements of association managed residential property. T. CDBG. It was recommended to approve the Community Development Block Grant (CDBG) Sub Recipient Agreement for the City's 2005-2006 CDBG Program with the Dakota County Community Development Agency (CDA). U. Wetland Exemption for Gopher Commons. It was recommended to receive Wetland Delineation Report and Approve Wetland Exemption - Gophei Commons. V. Contract 05-03. It was recommended to approve Change Order #2 to Contract 05-03 (Well #21 and authorize the Mayor and City Clerk to execute all related documents. W. Wetland Cleanup-Steeplechase Addition. It was recommended to approve a No-Loss Determination for Wetland Cleanup (Steeplechase Addition). I Eagan City Council Meeting Minutes August 1, 2005 DRAFT Page 3 X. Moved to Old Business. Y. CUP Extension. It was recommended to approve a one year extension of a Conditional Use Permit for a hotel in the BP, Business Park zoning district, on property located at 2775 Blue Gentian Road, legally described as Lot 3, Block 1, Spectrum Business Park, in the NW '/4 of Section 2. Z. CUP Extension. It was recommended to approve a one-year extension of a Conditional Use Permit for a restaurant in the BP, Business Park zoning district, on property located at 1030 Blue Gentian Road, legally described as Lot 1, Block 1, Spectrum Business Park, in the NW '/4 of Section 2. AA. Final Baseline Noise Study Report. It was recommended to accept the final baseline noise study report from Wyle Laboratories per the recommendation of the Airport Relations Commission. .BB. Ordinance Amendment. It was recommended to direct the City Attorney's office to prepare an ordinance amendment to Chapter 2, Administration and General Government, regarding the sale of public property. CC. Contract 05-03. It was recommended to approve Change Order #1 to Contract 05-03 (Well #21) and authorize the Mayor and City Clerk to execute all related documents. DD..Zoning Map Update. It was recommended to initiate an Ordinance Amendment updating the City of Eagan Zoning Map and to Waive notice requirement for the City of Eagan Zoning Map Update. EE. Comments to City of Rosemount. It was recommended to approve comments to the City of Rosemount regarding the comprehensive Guide Plan Amendment for G1enRose of Rosemount. OLD BUSINESS REZONING, PRELIMINARY SUBDIVISION, AND PRELIMINARY PLANNED DEVELOPMENT - CEDARSTONE DEVELOPMENT Councilmember Tilley excused herself from the Council Chambers. City Administrator Hedges provided background information regarding this issue. At the City Council meeting on July 19, , this item was continued to the August 16 meeting to allow the developer time to address wetland issues. City Planner Ridley discussed the revised plans. Residents of the adjacent neighborhood discussed their remaining concerns. Eric Macbeth discussed the wetland delineation and the de minimis exemption. Councilmember Maguire moved, Mayor Geagan seconded a motion to accept the Wetland Delineation Report for Cedarstone Development. Aye: 4 Nay: 0 Councilmember Maguire moved, Mayor Geagan seconded a motion to approve De Minimis Exemption for Cedarstone Development. Aye: 4 Nay: 0 Councilmember Maguire moved, Mayor Geagan seconded a motion to approve the rezoning of 5 acres from Agriculture to PD, Planned Development for property located at 1055 Wescott Road in the SW '/4 of Section 14. Aye: 3 Nay: 1 (Carlson opposed) Councilmember Maguire moved, Mayor Geagan seconded a motion to approve a Preliminary Subdivision to create 8 lots on property located at 1055 Wescott Road in the SW '/4 of Section 14; subject to the following conditions: Aye: 3 Nay: 1 (Carlson opposed) 1. The property shall be platted. 2. The developer shall provide a conservation easement in favor of the City, in a form acceptable to the City Attorney. 3. A homeowner's association document shall be provided to the City Attorney prior to final subdivision approval and Lot 1 shall be conveyed to the association. 4. The application shall fulfill required tree preservation mitigation through the installation of sixteen (16) category B trees, or an equivalent number of Category A or Category C trees, to be installed on site. 5. The application shall preserve, through tree spading, 6 existing significant trees (tree #'s 25, 31, 39, 115, 125 and 142). 6. To ensure survival of preserved trees (on site trees #7, 14-16, 22, 309 47-50, 62, 79-81, 100-109, 117, 118, 131-134, 137-140, 146, 151, 152, 172, 174, 177-179, 188, and 190), a long-term tree survival 5 Eagan City Council Meeting Minutes August 1, 2005 DRAFT Page 4 plan shall be prepared by a certified arborist and implemented on all trees with encroachment into the CRZ. The applicant shall community with City forestry staff in the actual placement of tree protection fence around these large preserved oaks. 7. Tree Protective measures shall (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site and off-site. (i.e. park trees) 8. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement o the Tree Protection Fencing. 9. The applicant must provide a wet-pond with a volume of about 0.13 acre-feet. The pond shall have a maximum depth of six feet and a 10:1 aquatic bench beginning at the normal water level. 10. A cash dedication in lieu of treatment ponding is required for the remaining built area of the development that will drain offsite untreated. 11. A minimum 30-foot natural undisturbed wetland buffer is required around the central wetland. 12. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. 13. The developer shall abandon all existing well and septic systems within the site in accordance with City and County standards. 14. This development shall provide street connections to the adjacent parcels by extending City engineering standard public streets and dedicated right-of-way through the development from Wescott Road to the parcels, as shown on the preliminary site plan. 15. The developer shall be responsible for the installation of signage indicating the future intention of the public street to be extended east and west to serve possible development of the adjacent prdperties. 16. The developer shall dedicate temporary public street easement, in a form acceptable to the City Attorney, over the temporary cul-de-sac on the east end of the public street. 17. The private drive for Lots 1 and 2 shall be constructed to City code standards and with a vehicle turnaround in accordance with City engineering and fire department standards. A private easement covering this drive shall be prepared and executed in a form acceptable to the City Attorney. 18. The proposed monument and landscaping within public right-of-way shall be placed a minimum of 10 feet from the curb line of the public street and a minimum of 10 feet from the existing trail on Wescott Road. 19. The developer shall provide for perpetual maintenance of the proposed monument and landscaping within public right-of-way by the development's homeowner's association, through agreement in a form acceptable to the City Attorney. Councilmember Maguire moved, Mayor Geagan seconded a motion to approve a Preliminary Planned Development to create two twin homes (4 units) and three single family lots for property located at 1044 Wescott Road in the SW of Section 14, subject to the following conditions: Aye: 3 Nay 1 (Carlson opposed) 1. The applicant shall enter into a Preliminary Planned Development Agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits are necessary for the Agreement: • Final Site Plan • Final Building Elevations • Final Tree Preservation Plan • Final Landscape Plan • Final Lighting Plan • Final Signage Plan • Final building coverages for each lot (table form) PLANNED DEVELOPMENT AMENDMENT AND FINAL PLAT EAGAN PLACE - SOLOMON REAL ESTATE GROUP City Administrator Hedges discussed the background of the request for a planned development amendment to allow a 45,000 square foot Best Buy retail store and two 7,000 square foot retail office buildings to be located at the LP Eagan City Council Meeting Minutes F August 1, 2005 LWA Page 5 / southeast corner of Yankee Doodle Road and Yankee Place. This item was continued from the August 1 Council meeting to permit the developer time to prepare revised plans and graphics related to architectural details, site issues and landscaping clarifications. City Planner Ridley reviewed the revised plans. Jay Scott, Solomon Real Estate addressed issues raised by Councilmembers regarding the concrete walkway and plans for the handling of trash. Councilmember Fields moved, Councilmember Maguire seconded a motion to direct staff to correct, with the Annual Land Use Guide Plan Update, the Special Area 4 designation for the retail uses in the Town Centre 100 area. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Carlson seconded a motion to approve a Planned Development Amendment to allow a 45,000 square foot retail building and two 7,000 square foot retail / office buildings located at the southeast corner of Yankee Doodle Road and Yankee Place in the NE '/4 of Section 15,"subject to the following conditions: Aye: 5 Nay: 0 1. The Planned Development Amendment Agreement shall be recorded with Dakota County. 2. All mechanical equipment shall be screened from the ground level view of adjacent properties and public streets. 3. All exterior trash enclosures shall be attached to the building and constructed with the same materials and colors as the principal building. 4. All signage is subject to the City Sign Ordinance. 5. Building materials shall be consistent with Cedar Grove standards as outlined in the report. 6. The developer shall ensure that minimum sight distances, in accordance with the MNOT Road Design Manual, are provided without obstruction for all proposed accesses. 7. The property shall be subdivided into two additional lots prior to the construction of the separate 7,000 square foot buildings. 8. The two 7,000 square foot developments are subject to Final Planned Development approval. 9. Uses are limited to retail, restaurant and office. 10. The site shall be developed as indicated on the site plan. 11. Phase II (the two additional 7,000 square foot buildings) will require City Council review and approval of development Site Plan(s). 12. The developer shall enter into a maintenance agreement for the plaza/landscape features in the public right of way. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve a Final Plat creating a 9.73 parcel by combining Lot 1, Block 1, Town Centre 100 12'h Addition and Lot 1, Block 1, Town Centre 100 15`h Addition into a single parcel (Lot 1, Block 1, Eagan Place). Aye: 5 Nay: 0 CONTRACT 05-08, LONE OAK DRIVE TRAIL IMPROVEMENTS City Administrator Hedges discussed this item regarding Lone Oak Drive trail improvements. Council directed, at the close of the public hearing on July 19, staff to work with the petitioner of Project 922 to get a new petition that includes a trail along the east side of Lone Oak Parkway between Lone Oak Drive and Northwest Parkway. At this time, City staff has not received a petition for the additional trail segment. Public Works Director Colbert stated that if Council is interested in installing this additional trail segment along the east side of the Lone Oak Parkway, it would be an economies of scale advantage to construct both segments concurrently. Without a petition for the east side segment, initiation of the project would need to be by a 4/5`h vote of the City Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to set a public hearing for September 20, 2005 to consider trail improvements for the east side of Lone Oak Parkway between Lone Oak Drive and Northwest Parkway. Aye: 5 Nay: 0 Councilmember Maguire moved, Councilmember Fields seconded a motion to continue consideration of the Plans and Specifications for Contract 05-08 (Lone Oak Drive Trail Improvements) to September 20, 2005. Aye: 5 Nay: 0 7 Eagan City Council Meeting Minutes August 1, 2005 PA F T Page 6 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE Discussion was held regarding a presentation to be made at the Lebanon Park Visitors Center regarding the Storm Water Management Plan. It was noted that should three or more Council members attend this event, a special City Council meeting would need to be noticed. Councilmember Carlson moved, Councilmember Tilley seconded a motion to schedule a Special City Council meeting to be held September 7, 2005, 5:30 - 7:30 p.m. at Lebanon Visitors Center. Aye: 5 Nay: 0 NEW RUNWAY / AIRPORT UPDATE A written update regarding the new runway / airport provided ADMINISTRATIVE AGENDA WATER QUALITY MANAGEMENT PLAN - TASK FORCE APPOINTMENTS Public Works Director Colbert discussed the appointment of a Task Force representing the various stakeholders, to review the Water Quality Management Plan. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the formation of a Task Force for the Water Quality Management Plan preparation and designate the Council and public stakeholder representatives as follows: Aye: 5 Nay: 0 • Regulatory / Jurisdictional Agencies 1. Pollution Control Agency 2. Department of Natural Resources 3. Board of Soil and Water Resources 4. Met Council Environmental Services - Water Resources 5. Gun Club Watershed Management Organization 6. County Soil and Water Conservation District 7. Dakota County Water Resources for Lebanon Hills Regional Park • City Staff 1. Water Resources Coordinator 2. City Engineer • Consultant (1) • Advisory Parks and Recreation Commission (1) • City Council - (Public Works Committee) • Resident Citizens, Business Owners and/or Developers PROJECT 768, NORTHWOOD PARKWAY, RING-ROAD EXTENSION (OVERPASS AND STREET IMPROVEMENTS) Public Works Director Colbert discussed the Northwood Parkway, Ring-Road Extension. Councilmember Carlson moved, Councilmember Tilley seconded a motion to authorize the preparation of a preliminary engineering report for Project 768 (Northwood Parkway, Ring-road Extension - Overpass and Street Improvements) and detailed plans and specifications for Contract 05-09 by SRF Consulting Group, Inc. Aye: 5 Nay: 0 The regular City Council meeting was recessed at 7:50 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 7:55 p.m. Eagan City Council Meeting Minutes August 1, 2005 Page 7 VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 7:55 p.m. and convene a closed session to discuss pending litigation (Rhan Family and Wensmann v. City of Eagan, and Tom King v. City of Eagan). Aye: 5 Nay: 0 Date Administrative Secretary / Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. Agenda Information Memo September 6, 2005 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Police Officers-- ACTION TO BE CONSIDERED: To approve the hiring of Brian Caron and Daniel McCarty as Police Officers. Item 2. Part-time Guest Services Representatives-Community Center- ACTION TO BE CONSIDERED: To approve the hiring of Jake Krinhop and Lauren Whitacre as part-time guest services representatives at the Community Center. Item 3. Part-time Clerical Technician IV/Central Services Maintenance— ACTION TO BE CONSIDERED: To accept the retirement of Cris Marlette, part-time Clerical Tech IV at Central Services Maintenance. Item 4. Flexible Benefit Plan ACTION TO BE CONSIDERED: To amend the Flexible Benefit Plan and adopt the grace period extension of 2 months and 15 days, allowed under IRS Notice 2005-42. FACTS: • The City has a contract with Acclaim Benefits to manage the flexible spending accounts for all City employees who are enrolled. • The new ruling provides employees the ability to incur claims into the following year that may be applied to the previous plan year's balance. This grace period cannot exceed 2 month and 15 days into the new plan year. • For example, an employee who has $100 left in their flex account on 12/31/05 may receive medical services or purchase covered expenses up until March 15, 2006 and use the $100 they had left over from 2005. • The Human Resources Manager submitted a request to change the Flexible Benefit Plan to Acclaim Benefits. Upon receiving this request, Acclaim will send the actual plan amendment for Council approval/signature. /D Agenda Information Memo September 6, 2005 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated August 18, 2005, August 25, 2005 and September 2, 2005 as presented. ATTACHMENTS: • Check registers dated August 18, 2005, August 25, 2005 and September 2, 2005 are enclosed without page number. ~l Agenda Information Memo September 6,'2005, Eagan City Council Meeting D. APPROVE ON-SALE WINE, SUNDAY WINE LICENSE, BEER LICENSE AND CONSUMPTION AND DISPLAY (SET UP) PERMIT FOR SAMBOL, INC., DBA SAMBOL RESTAURANT, 1260 TOWN CENTRE DRIVE ACTION TO BE CONSIDERED: To approve the On-Sale Wine, Sunday Wine license, Beer license and Consumption and Display (Set Up) permit for Sambol, Inc., dba Sambol Restaurant, 1260 Town Centre Drive. FACTS: ➢ The owner of Sambol, Inc., Sam Madanayake, has applied for an On-Sale Wine, Sunday Wine license, Beer license and Consumption and Display (Set Up) permit with the City of Eagan. The restaurant will be located in the same location that formerly housed Grand India Restaurant. ➢ The establishment opened August 5, 2005; however, alcohol sales have not been allowed until the liquor license is approved by the City Council and the State of Minnesota. ➢ The required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. No reason was found to deny the licenses. ATTACHMENTS (0): ~d Agenda Information Memo September 6, 2005, Eagan City Council Meeting E. APPROVE OFF-SALE LIQUOR LICENSE FOR MELINA P. TO, DBA MELINA'S DISCOUNT LIQUORY, 3090 COURTHOUSE LANE ACTION TO BE CONSIDERED: To approve the off-sale liquor license for Melina P. To, dba Melina's Discount Liquory, 3090 Courthouse Lane. FACTS: ➢ Melina P. To has applied for an off-sale liquor license with the City of Eagan. The business will be structured as a Sole Proprietorship. The owner is purchasing the existing Comers Lone Oak Liquors. The new owner will operate the establishment using the name of Melina's Discount Liquory. ➢ The change of ownership is scheduled to occur October 1, 2005. ➢ The Police Department has conducted an investigation on the owner and does not find any reason to deny the applicant the off-sale liquor license. ➢ The license should be approved subject to fmal receipt of an executed lease between Melina P. To and the property owner. ATTACHMENTS (0): /3 Agenda Memo September 6, 2005 Regular City Council Meeting CONSENT AGENDA F. Premises Permit Application for American Vets Post #1 to conduct a pull-tab operation at Axel's Bonfire, 1555 Cliff Road. ACTION TO BE CONSIDERED: Approve Premises Permit Application for American Vets Post #1 to conduct a pull-tab operation at Axel's Bonfire, 1555 Cliff Road. FACTS: • American Vets Post #l, a national chartered organization, has applied with the Minnesota Gambling Board to conduct a pull-tab operation at Axel's Bonfire Restaurant. • The Gambling Board requires local government approval prior to the issuance of a premises permit. • The Police Department has conducted a background check and finds no reason to deny the application. • Staff deems the application in order for approval. ATTACHMENTS: • A copy of the premises permit application, a letter from the Richard Volkert, Gambling Manager, and information regarding the charter for the organization is attached as pages /5~ through` . • The proposed resolution approving the premises permit is enclosed as page. If Minnesota Lawful Gambling C (0 PY 8/05 LG214 Premises Permit Application Page 1 oft FOR BOARD USE ONLY (see Required Attachments on Page 2) Annual Fee $150 Check # $ Organization information Organization name Organization license number AMVETS POST #1 Pending Name of chief executive officer (CEO) Daytime contact phone number Allen Elsbury 651/492-6365 Gambling premises Information Not the mailing address. Do not use_a P.O. box number. _ Name of establishment where gambling will be conducted Street address where premises is located Axel's Bonfire 1555 Cliff Road City I Township County Zip code Eagan ORDakota 55122 Does your organization ownthe building where the gambling will be conducted? Yes % _No If no, attach LG215 Lease for Lawful Gambling Activity Gambling bank account information Bank name Bank account number Bank street address city State/Zip code Address(es) in Minnesota of all temporary and permanent off4lte storage space for gambling equipment and records related to this site (may not be stored outside of Minnesota) Address (Do not use a P.O. box number) city State/Zip code 2400 Dodd Road Mendota Heights MN 55120 Bingo occasions (including bar bingo) Enter day and beginning/ending hours of bingo occasions (Adl&fe A.M. or P.M.). An occasion may not exceed 8 hours. LaK Beginning/Ending Hours DU Beginning/Ending Hours to to to to to to to to to to to to to to to to to to to to to to to to J57 LG214 Premises Permit Application Page 2 of 2 8/05 Data Privacy The information requested on this form (and any attachments) your premises permit. When the Board issues your premises will be used by the Gambling Control Board (Board) to permit, all of the Information that you have provided to the Board in determine your qualifications to be involved In lawful gambling the pmoess of applying for your premises permit will become public activities in Minnesota, and to assist the Board In conducting a except for your social security number, which remains private. If background investigation of you. You have the right to refuse the Board does not issue you a premises permit, all the information to supply the information requested; however; If you refuse you have provided in the process of applying for a premises permit to supply this information, the Board may not be able to remains private, with the exception of your name and address determine your qualifications and, as a consequence, may which will remain public. refuse to issue you a premises permit If you supply the Information requested, the Board will be able to process your Private data about you are available only to the following: Board application. members, Board staff whose work assignment requires that they have access to the information; the Minnesota Department of Public This form may require the disclosure of your social security Safety; the Minnesota Attorney General; the Minnesota number. If so, your social security number will be used to Commissioners of Administration, Finance, and Revenue; the determine your compliance with the tax laws of Minnesota. Minnesota Legislative Audibor, national and international gambling Authorization for requiring your social security number is regulatory agencies; anyone pursuant to court order; other found at 42 U.S.C. 405 (c)(1). Individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and Your name and address will be public information when agencies for which law or legal order authorizes a new use or received by the Board. All the other Information that you sharing of information after this notice was given; and anyone with provide will be private data about you until the Board issues your consent. Acknowledgment and Oath I hereby consent that local law enforcement officers, the Board or agents of the board, or the commissioner of revenue or public safety or agents of the commissioners may enter the premises to enforce the law. The Board or agents of the board, or the commissioner of revenue or public safety or agents of the commissioners are authorized to inspect the bank records of the gambling account whenever necessary to fulfill requirements of current gambling rules and law. I declare that: 1. I have read this application and all information submitted to the Board Is true, accurate, and complete; 2. All required information has been fully disclosed; 3. I am the chief executive officer of the organization; 4. I assume full responsibility for the fair and lawful operation of all activities to be conducted; 5. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the Board and agree, if licensed, to abide,by those laws and rules, including amendments t0 them; 6. Any changes in application information will be submitted to the Board and local unit of govemment within 10 days of the change; and 7. I understand that failure to provide required information or providing false or misleading information may result in the denial or revocation of the license. Signature of Chief Executive Officer (Designee may not sign) Date Print name Required Attachments NDTE: There is a monthly regulatory fee of 0,1% 1. If the premises is leased, attach a copy of your lease. (,001) of gross receipts from lawful gambling Use form LG215 Lease for Lawful Gambling Activity. conducted at the site. The fee Is reported on 2. Attach the resolution from the local unit of government the G1 Lawful Gambling Monthly Summary and (city or county) which shows approval of your application. Tax Return and paid with the monthly tax 3. For each premises permit application, a $150 annual premises report permit fee is required. Make the check payable to the "State of Minnesota." Questions? Call the Licensing Section of the Gambling Control Board at 651-639-4000. If you use a TTY, call the Board by using Mail the application with attachments to: the Minnesota Relay Service and ask to place a call to 651-639- Gambling Control Board 4000. 1711 West County Road B, Suite 300 South Roseville, MN 55113 This form will be made available In alternative format (i.e. large vin Braille upon request. 'Mirfnesota Lawful Gambling s/os LG216 Lease fo Lawful Gambling Activity Page 1 of 2 Orianizationname License number yt,e phe A w3 ve~ ,C/ e 'of-lea/s rem, Street address City State Zip Daytime phone a NN 1W Name of legal owner of premises Business/street address City State Zip L§~ytirr phone CIA&& 47,7m,, all k)1FX,64,, oad~~2 ,gam ~ 1- .Iall- 9;~3 Name of lessor (if same as legal Business/street address city State Zip Daytime phone owner. write in "SAME") Check all activities that will be conducted: ull-tabs -Pull-tabs with dispensing device _Tipboards -Paddlewheel -Paddlewheel with table -Bingo -Bar bingo Pull-tab, Tipboard, and Paddlewheel Rent (No lease required for raffles.) Booth operation - sales of gambling equipment by an employee Bar operation - sales of gambling equipment within a leased (or volunteer) of a licensed organization within a separate enclosure premises by an employee of the lessor from a common area where that is distinct from areas where food and beverages are sold. food and beverages are also sold. r Does your organization OR any other organization conduct gambling L - - - - - - - - from a booth operation at this location? - - Yes -No - - - - - - - If you answered yeS to the question above, rent limits are If you answered no to the question above, rent limits are based on the following combinations of operation: based on the following combinations of operation: - Booth operation - Bar operation - Booth operation and pull-tab dispensing device - Bar operation with pull-tab dispensing device - Booth operation and bar operation . Pull-tab dispensing device only - Booth operation, bar operation, and pull-tab dispensing device The maximum rent allowed may not exceed $1,750 in total The maximum rent allowed may not exceed $2,500 in total per month for all organizations at this premises, per month for all organizations at this premises. Complete one option: Complete one option: Option A: 0 to 10% of ~he gross profits per month. Option A: 0 to 20% of the gross profits per month. Percentage to be paid % Percentage to be paid % Option B: When gross profits are $4,000 or less per month, $0 to Option B: When gross profits are $1,000 or less per month, $0 $400 per month may be paid. Amount to be paid $ . to $200 per month may be paid. Amount to be paid $ Option C: $0 in $400 per month may be paid on the first $4,000 Option C: $0 to $200 per month may be paid on the first $1,000 of gross profit. Amount to be paid $ . Plus 0% to of gross profits. Amount to be paid $ . Plus 0% to 10% of the gross profits may be paid per month on gross profits 20% of the gross profits may be paid per month on gross profits over $4,000. Percentage to be paid % over $1,000. Percentage to be paid Bingo Rent Bar Bingo Rent Option D: 0 to 10% of the gross profits per month from all lawful Option F: No rent may be paid for bingo gambling activities held during bingo occasions, excluding bar bingo. conducted in a bar. Percentage to be paid Option E: A rate based on a cost per square foot not to exceed 110% of a comparable cost per square foot for leased space, as approved by the director of the Gambling Control Board. No rent may be paid for bar r - - - - - - - - - - bingo. Rate to be paid $ per square foot For any new bingo activity not previously The lessor must attach documentation, verified by the organization, to Included Ina Premises PermitApplication, confirm the comparable rate and all applicable costs to be paid by the attach a separate sheet of paper listing the organization to the lessor. days and hours that bingo will be conducted. L --------------J Amended If this is an amended lease showing changes occurring during the term of the current premises permit, both parties that signed the lease must initial and date all changes. Changes must be submitted to the Gambling Control Board Lease at least 10 days prior to the change. Write In the date that the changes will be effective -~-J Only Lessor Date Organization Date 17 LG215 Lease for Lawful Gambling Activity 6/05 Page 2 of 2 Lease Term - The berm of this tease agreement will be Other Prohibitions concurrent with the premises permit issued by the Gambling • The lessor will not Impose restrictions on the organization with Control Board (Board). respect to providers (distributors) of gambling-related equipment and services or in the use of net profits for lawful purposes. Management of Gambling Prohibited -The owner of the . The lessor, person residing in the same household as the lessor, premises or the lessor will not manage the conduct of gambling the lessor's Immediate family, and any agents or employees of the at the premises. lessor will not require the organization to perform any action that would violate statute or rule. If there is a dispute as to whether Participation as Players Prohibited -The lessor, the lessor's a violation of this provision occurred, the lease will remain in immediate family, and any agents gambling ct employees the effect pending a final determination by the Compliance Review lessor will not participate as players s in the conduct of lawful l Group (CRG) of the Gambling Control Board. The lessor agrees gambling on the premises. to arbitration when a violation of this provision is alleged. The arbitrator shall be the CRG. Illegal Gambling • • The lessor is aware of the prohibition against illegal gambling The lessor shall not modify or terminate this lease in whole or in In Minnesota Statutes 609.75, and the penalties for illegal part due to the lessor's violation of the provisions listed in this gambling violations in Minnesota Rules 7861.0050, Subpart 3. lease. In addition, the Board may authorize the organization to withhold Access to permitted premises - The Board and its agents, the rent for a period of up to 90 days if the Board determines that commissioners of revenue and public safety and their agents, and illegal gambling occurred on the premises and that the lessor or law enforcement personnel have access to the permitted premises its employees participated in the illegal gambling or knew of the at any reasonable time during the business hours of the lessor. The gambling and did not take prompt action to stop the gambling. organization has access to the permitted premises during any time Continued tenancy of the organization is authorized without the reasonable and when necessary for the conduct of lawful gambling payment of rent during the time period determined by the Board on the premises. for violations of this provision. • To the best of the lessor's knowledge, the lessor affirms that Lessor records - The lessor shall maintain a record of all money any and all games or devices located on the premises are not received from the organization, and make the record available to being used, and are not capable of being used, In a manner the Board and Its agents, and the commissioners of revenue and that violates the prohibitions against illegal gambling in public safety and their agents upon demand. The record shall be Minnesota Statutes 609.75, and the penalties fir illegal maintained for a period of 3-1/2 years. gambling violations in Minnesota Rules 7861.0050, Subpart 3. Rent all-inclusive - Amounts paid as rent by the organization to • Notwithstanding Minnesota Rules 7861.0050, Subpart 3, an the lessor are all-Inclusive. No other services or expenses provided organization must continue making rent payments, pursuant or contracted by the lessor may be paid by the organization, to the terms of the lease, If the organization or its agents are including but not limited to trash removal, janitorial and cleaning found to be solely responsible for any illegal gambling conducted services, snow removal, lawn services, electricity, heat, security, at that site that is prohibited by Minnesota Rules 7861.0050, security monitoring, storage, other utilities or services, and in the Subpart 1, or Minnesota Statutes 609.75, unless the case of bar operations, cash shortages. Any other expenditures organization's agents responsible for the illegal gambling made by an organization that is related to a leased premises must activity are also agents or employees of the lessor. be approved by the director of the Gambling Control Board. Rent • The lessor shall not modify or terminate the lease in whole or payments may not be made to an individual. in part because the organization reported to a stage or local law enforcement authority or the Board the occurrence at the site of Illegal gambling activity In which the organization did not participate. Acknowledgment of Lease Terms All obligations and agreements are contained in or attached to this lease and are subject to the approval of the director of the Gambling Control Board. I affirm that the lease information Is the total and only agreement between the lessor and the organization. There is no other agreement and no other consideration required between the parties as to the lawful gambling and other matters related to the lease. Any changes In this lease will be submitted to the Gambling Control Board at least 10 days prior to the effective date of the change. If a renegotiated lease is made due to a change In ownership, the new lease will be submitted within 10 days after the new lessor has assumed ownership. List or attach other terns or conditions (must be approved by director of Gambling Control Board) S' lure of lesso D e Signature of organization official (lessee) Date Print name and ti of lessor Print name and title of lessee Questions on this form should be directed to the Ucensing Section of the Gambling Control Board (Board) at 651-639-4000. This publication will be made available in altemative format (i.e. large print, Braille) upon request. If you use a TTY, you can call the Board by using the Minnesota Relay Service and ask to place a call to 651-639-4000. The information requested on this form will become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. le 8/05 co Page 1 of 3 Minnesota Lawful Gambling For Board use only: -1 LG200A Organization License Applica ion Annual Fee $350,,#$ Organization Information Organization legal name AMVETS (American Veterans) Post #1 Other name(s) used Business ID number (Minnesota SaiBa & Use Tax Permit) Business phone number Raymond T. Furlong (If none, write "None) Amvets Post #1 None 651/755-2547 The organization business address cannot be the same as the gambling manager's address. If your organization does not have an address, list the home address of your CEO. Business address - street or P.O. box city State/Zip County 1323 Sibley Memorial Highway 'P.O. Box 50813 Mendota MN Dakota Officer Information - Chief Executive Officer (CEO) The CEO: must complete an LG200B Organization Officers Affidavit • is the person responsible for your organization, such as the president or commander • cannot be your gambling manager First name Middle name Last name Maiden or previous name Allen Lee Elsbury N/A Your CEO and the person who will be the gambling manager must attend the gambling manager seminar before any license can be issued. The gambling manager must pass the exam. Call 651-639-4000 to register. Date CEO attended gambling manager seminar. 09 / 14 / 05 Officer Information - Treasurer The treasurer: • must complete an LG200B -Organization Officers Affidavit • is the person who handles nongambling monies for your organization, such as the bookkeeper or accountant. • cannot be your gambling manager • cannot be a signatory on your organization's gambling account • The CEO may be the same person as the treasurer, depending on your organization's size and structure. • If the CEO is the treasurer, then the CEO cannot be a signatory on your organization's gambling account. Organization Income and Activities (attach additional sheets If necessary) An organization may not exist solely to conduct lawful gambling. List other activities through which your organization raises funds. Distribute (hand-out) White Clovers for donations, food tents at various community events. In-comparison with funds you raise as a nonprofit organization, what is the percent of funds you expect to raise through lawful gambling? 50 % Membership Information Your organization must have at least 15 active Number of active members 125 members who: Attach a list with first and last names of at least • are at least 18 years old, 15 active organization members. Include date of • have equal voting rights, an equal opportunity membership for each member. to be elected an officer, and the right to attend regular meetings of your organization, • have names and membership origination dates When does your organization hold regular meetings? appear on your organization's membership list Day(s) Last Wednesday of Each Month with each member's knowledge and consent, 7:00 • have been a member for at least six months, and Time &i;i?fp.m. has paid all dues to the organization. 19 LG200A Organization License Application , 8/05 Page 2 of 3 Nonprofit Information 1. Type of nonprofit organization (check one): ❑ Fraternal chi Veterans ❑ Religious ❑ Othernonprofit 2. Attach a copy of your organization's official bylaws. 3. Number of years your organization has been inexistence as a nonprofit organization 23 Years 4. Proof of nonprofit status required. Your organization must provide documentation that shows your organization has been in existence for the most recent three (3) years as a nonprofit organization. Attach one of the following: A copy of a Certificate of Good A letter from Standing as a nonprofit OR the IRS declaring organization from the Minnesota income tax exemption Secretary of State's Office What the proof must show: What the proof must show: • The Certificate of Good Standing must show that your Under a parent organization. If your organization falls organization was incorporated at least three years ago. under a parent organization, attach both of the following: • The certificate issue date cannot be more than 12 months 1. a copy of the IRS letter showing that your parent prior to the date your organization's license application is organization has been a registered nonprofit 501(c) received by the Board. organization for a minimum of three years and carries a group ruling, and Where to obtain: 2. a copy of the charter, or letter from your parent This certificate can be obtained from the Minnesota Secretary organization, recognizing your organization as a of State: subordinate for at least the most recent three years. Minnesota Secretary of State Not under a parent organization. If your organization does Business Services Division not fall under a parent organization, attach a copy of the 180 State Office Building IRS income tax exemption [501(c)] letter in the name of St. Paul, MN 55155 your organization, showing a minimum of three (3) years of income fax exempt status. Phone: 651-296-2803 Where to obtain: To obtain a copy of your federal income tax exempt letter, • Your organization may or may not need to submit additional send your federal ID number and the date your filings with the Minnesota Secretary of State to update your organization initially applied for tax exempt status to: records before receiving a certificate. IRS • Afee is required by the Secretary of State for this certificate. P.O. Box 2508 Room 4010 Cincinnati, OH 45201 Dual nonprofit status - If your organization has dual status as a nonprofit organization with both the Minnesota Secretary of State's Office and with the IRS, attach proof of both. Sales tax exempt status or federal ID employer numbers are not proof of income tax exempt status. Lawful Purpose Expenditures List the lawful purpose expenditures for which your organization will expend gambling funds (refer to Minnesota Statutes 349.12, subdivision 25). Give specific examples. V.A.M.C. Hospital Monthly games for 20+ years, Hastings Veterans Hom monthly Bingo and refreshments for 20+ years, International -airport Service, ments - womens service center, Minneapolis Veterans -Home anual Su er Bown art for 20+ ears Fort Snelling Honor Guard, Fort Snelling Chapel - memorial day honor guard, Scholarships i Charitable Contributions List the annual goal for charitable contributions that your organization will make from its gross profits 45 % Charitable contributions are defined as one or more of the lawful purpose expenditures as defined in Minnesota Statute 34'9.12, Subd. 25 for codes AIJ, 10-11, 13-15, and 19. a~ L 9200A Organization License Application 8/05 Page 3 of 3 A knowledgment I d lare that: • have read this application and all information • Any changes in application information will be ubmitted to the Board. submitted to the Board and local government within • l information is true, accurate, and complete. 10 days of the change. I other required information has been fully • A termination plan will be submitted to the Board isclosed. within 30 days of termination of our gambling am the chief executive officer of the organization. operation. assume full responsibility for the fair and lawful • I certify that the gambling manager is bonded and peration of all activities to be conducted. licensed as required per Minnesota statutes. will familiarize myself with the laws of Minnesota • Failure to provide required information or providing overning lawful gambling and rules of the Board, false or misleading information may result in the and agree, if licensed, to abide by those laws and denial or revocation of the license. ules, including amendments to them. Signature of Chief Executive Officer Date / / Attachments and Required Information LG200A Organization License Application Check for $350 annual license fee payable to LG200B Organization Officers Affidavit "State of Minnesota" CEO and treasurer must each complete Proof of nonprofit status If your organization expects to receive less than $100,000 in gross annual receipts, Organization bylaws you may request a waiver of the Membership list with date of membership for each d organization license fee from the Gambling person. Control Board. LG201 Internal Controls LG209 Registration of Paid Gambling Employee (if any) Questions? Call the Licensing Section of the Gambling Control Mail To: Gambling Control Board Board at 651-639-4000. If you use a TTY, call the Board by using Suite 300 South the Minnesota Relay Service and ask to place a call to 651-639- 1711 W. County Road B 4000. This form will be made available in aftemative format (i.e. Roseville, MN 55113 large print, Braille) upon request The nformation requested on this form (and compliance with the tax laws of Minnesota. Private data about you am available only to the any ftachments) will be used by the Gambling Authorization for requiring your Social Security following: Board members, staff of the Board Co I Board (Board) to determine your quail- number is found at 42 U.S.C. 405 (c)(1), whose work assignment requires that they fica ns to be involved in lawful gambling ac- Your name and address will be public infor- have access to the information; the Minnesota tivfti in Minnesota, and to assist the Board in mation when received by the Board. All the Department of Public Safety; the Minnesota co ucting a background investigation of you. other information that you provide will be pri- Attorney General; the Minnesota Commission- You ave the right to refuse to supply the in- vate data about you until the Board issues ers of Administration, Finance, and Revenue; fo tion requested; however, if you refuse your license. When the Board issues your the Minnesota Legislative Auditor, national and to s pply this information, the Board may not license, all of the information that you have international gambling regulatory agencies; be a le to determine your qualifications and, provided to the Board in the process of apply- anyone pursuant to court order, other individu- as a consequence, may refuse to Issue you a ing for your license will become public except als and agencies that are specifically autho- lioe . If you supply the information requested, for your Social Security number, which rized by state or federal law to have access the and will be able to process your applica- remains private. If the Board does not issue to the information; individuals and agencies for tion. you a license, all the information you have pro- which law or legal order authorizes a new This form may require the disclosure of your vided in the process of applying for a license use orsharing of information afterthis Notice Soc' I Security number. If so, your Social remains private, with the exception of your was given; and anyone with your consent. Security numberwill be used to determine your name and address which will remain public. s,o5 Mi nesota Lawful Gambling COPY Page 1 of 2 L 212 Gambling Manager Application Fee $100 For Board Use Only. lAmout Paid O anization Information Check # O anization name A M V E T S Post #1 License number pending Address 1323 Sibley Memorial Hsry,L,.,r_&j Mendota Statemocode MN 55120 CE name A 11 e n E l s b u r y Daytime contact phone, including area code 651/492-6365 Gambling Manager Information Fin name Richard Full middle name L e e Last name Volker t Ma en name or previous name None Date of birth 11-17-38 S 'al security number 476 40 _ 1110 Home street address 2400 Dodd Road Ci Mendota Heights State MN Zip code 55120 Da time contact phone number, including area code 651/755-2547 e- ail address (optional) None I became an active member of this organization on 07 / 17 / 1982 i attended the gambling manager seminar on 07 14105 Bond Information A dishonesty bond in the position of gambling manager for at least $10,000 in favor of our organization has been obtained. Ins ranee company name Bond number (Do not use Agency name) F r Gambling Manager Change The new gambling manager may not assume dutl s until he/she has received a gambling manager's license from the Gambling Control Board. Your organization must discontinue all of Its gambling activities until your new gambling manager has received his/her license. 1. Employment end date of gambling manager I I a. For an emergency change of gambling manager because of death, disability, or ending employment, list the date the new gambling manager has attended or is registered to attend the gambling manager's seminar I I The emergency application will be processed within five working days. b. For non-emergency changes, list the desired effective date of the new gambling manager's license (must be the first day of a month) ! ! Signature of Chief Executive Officer I have read this application and declare that all Information submitted is true, accurate, and complete. S' nature of chief executive officer (CEO) (designee may not sign) Date Thi publication will be made available in alternative format (i.e. large print, Braille) upon request. If you have questions, call our Li nsing Section at 651-639-4000. If you use a TTY, you can call the Board by using the Minnesota Relay Service and ask to place a II to 651-639-4000. Disclosure of Social Security Number: You are required to provide your Social Security number on this fo which will be used to determine your compliance with the tax laws of Minnesota. Authorization for requiring your Social Security nu ber is found at 42 U.S.C. 405(c)(i). C;ZQ 8/05 LG 12 Gambling Manager Application Page 2 of 2 A davit and Consent Statement of Gambling Manager Applicant I, rint name) , under oath state that: Qu lifications and Restrictions. active member for at least the most manager examination administered by the 1. have never been convicted of a recent six months prior to the effective Gambling Control Board. Iony or a crime involving gambling. date of our organization's license 2. have never committed a violation of renewal. In the case of an emergency gambling aw or Board rule that resulted in the 10. 1 am not acting as a gambling manager change, training and passing evocation of a license issued by the manager for more than one the examination must be completed oard within five years before the organization and am not an within 90 days of being issued a license. Jets of the license application. assistant gambling manager for Background Check. By signature of 3. have never been convicted of a another organization. this document, the undersigned autho- .minal violation involving fraud, theft, 11. 1 am not a lessor, a member of the rizes the Departments of Public Safety evasion, misrepresentation, or lessor's immediate family, a person and Revenue to conduct a criminal and ambling. residing in the same household as the ~ be the roun ds wcheck or ith the review and to 4. I have never been convicted of (i) lessor, or an employee of a lessor of a g assault, (ii) a criminal violation premises where the organization has Control Board. nvolving the use of a firearm, or (iii) a permit issued from the Board to Further, I understand, agree, and hereby making terroristic threats. conduct lawful gambling. irrevocably consent that suits and actions 5. 1 have never been, or am I now, 12. 1 am not Involved directly or indirectly relating to the subject matter of this connected with or engaged in an as a manufacturer or distributor. gambling manager license application, or illegal business. acts or omissions arising from such 6. -1 have never had a sales and use tax 13. I am not the chief executive officer of application, may be commenced against ermit revoked by the commissioner the organization, me or my organization and I will accept of revenue within the past two years. 14. 1 am not the treasurer of the organiza- the service of process in any court of 7. . I have never, after demand, failed to tion. This is the person who accounts competent jurisdiction in Minnesota by Ie tax returns required by the for the revenues of the organizational service on the Minnesota Secretary of commissioner of revenue. monies. State of any summons, process, or B. do not owe $500 or more in 15. 1 was not an officer of an organization pleading authorized by the laws of elinquent taxes as defined in section at a time when an offense occurred Minnesota. 70.72. which caused that organization's Failure to provide required information or 9. have been an active member of the license to be revoked. providing false or misleading information rganization for at least two years at Seminar. I understand a gambling may result in the denial or revocation of e time of our organization's initial manager must attend the gambling the license. icerise application, or have been an manager seminar and pass the gambling Si nature of Gambling Manager I h ve read this application and declare that all information submitted is true, accurate, and complete. Changes in the information su mitted in this application will be submitted in writing no later than 10 days after the change has taken effect. G bling manager signature Date A chments to the Gambling Manager Application. Where to Mail Application 1. The annual license fee for a gambling manager is $100. Mail the completed application Make the check payable to "State of Minnesota." to: Gambling Control Board 2. The LG209 Registration of Paid Gambling Employee form is only Suite 300 South required if the gambling manager will be paid and has not previously 1711 West County Road B registered with the Board as a paid employee for your organization. Roseville, MN 55113 The nformation requested on this form (and the other Information that you providewill be Boardwhosework assignment requires that any ttachments) will be used by the Gambling private data about you until the Board issues they have access to the information; the Cortt`vI Board (Board) to determine your your license. When the Board Issues your Minnesota Department of Public Safety; the quart lions to be involved in lawful gambling license, all of the information that you have Minnesota Attorney General; the Minnesota actl as in Minnesota, and to assist the Board provided to the Board in the process Commissioners ofAdminlstration, Finance, in co ducting a background investigation of of applying for your license will become public and Revenue; the Minnesota Legislative you. You have the right to refuse to supply the except foryour Social Security number, Auditor, national and international gambling info nation requested; however, if you refuse which remains private. If the Board does not regulatory agencies; anyone pursuantto court to su py this information, the Board may not issue you a license, all information you have order; other individuals and agencies thatare be a le to determine your qualifications and, provided in the process of applying for specifically authorized by state orfederal law to as a nsequence, may refuse to issue you a a license remains private, with the exception have access to the information: individuals and liven . If you supply the information of your name and address which will agencies forwhich law or legal order requ sted, the Board will be able to process remain public, authorizes a new use or sharing of information your pplication. after this Notice was given; and anyone with Your name and address will be public Private data aboutyou are available only to yourwritten consent. info nation when received by the Board. All the following: Board members, staff of the I Q3 i D Mi~nesota Lawful Gambling 8/05 L 2006 Organization Officers Affidavit Affi avit of Qualification of Officers for an Organization License and Consent Statement pursuant to Minnesota statutes O ganization name AMVET'8 Post #1 License number pending Check the position: X Chief executive officer Treasurer Effective date of officer change 6 / 29 / 05 Officer's first name Middle name Last name Maiden or previous name ~11en Lee , Elsbury N/A Hbmeaddress 3286 Alden Pond Lane i City Eagan State M N Zip code 55121 Is this the business address of your organization? _ yes X no S cialsecurity number 468 _ 58 _ 3939 Date of birth March 29, 1949 Officers daytime contact phone number, including area code 651/492-6365 mail address (optional) N/A Oath I affirm that the information stated above is accurate and signature of this document, the undersigned authorizes the th : Department of Public Safety to conduct a criminal • I have never been convicted of a felony or gross background check or review and to share the results with misdemeanor involving theft or fraud. the Gambling Control Board. • I have never been convicted of a crime involving gambling. Failure to provide required information or providing false or • I have never had a license issued by the board or misleading information may result in the denial or director permanently revoked for violation of law or revocation of the license. board rule. If this form is being submitted for a change in the chief In ddition, I understand, agree, and hereby irrevocably executive officer, the chief executive officer also affirms co sent that suits and actions relating to the subject that: I am the chief executive officer of the organization; m er of the organization license application, or acts or I assume full responsibility for the fair and lawful omissions arising from such application, may be operation of all activities to be conducted; and I will co menced against my organization and I will accept the familiarize myself with the laws of Minnesota governing i se ice of process for my organization in any court of lawful gambling and rules of the Board, and agree to competent jurisdiction in Minnesota by service on the abide by those laws and rules, including amendments Mir nesota Secretary of State of any summons, process, or to them. PIS ding authorized by the laws of Minnesota. By I Si nature Date This form will be made available In aftemative format (i.e. large print, Braille) upon request. Call the Licensing Section of the Gambling ail this form to: Gambling Control Board Control Board at 651-639-4000 if you have questions about this Suite 300 South form. If you use a TTY, call the Board by using the Minnesota Relay Service and ask to place a call to 651-6394000. The information 1711 West County Road B requested on this form, with the exception of your social security Roseville, MN 55113 number, will become public Information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. W nesota Lawful Gambling (COO ~ ~.I ~ 11!04 L 201 Internal Controls Form O anization name A M V E T S Post #1 License number P e n d i n g An organization's membership Is responsible for providing oversight of the gambling operations, approving all gambling expenditures, an participating in the gambling operation. List who does what. Attach a list of assistant gambling manager(s), If any, and duties to be performed. Changes in the assistant gambling manager duties must be submitted In writing 24 hours in advance of the change. 1. Prepares monthly gambling report to membership (optional 8. Audits gambling bank deposits (compare to closed game and fo LG1004 Monthly Gambling Report to Membership) verify deposit on bank statement). (May not be the person who prepared the bank deposits,) me Title Richard Volkert Gambling Mgr. Name Title Allen Elsbury C.E.O MaryAnn Furlong Asst. Gambling M 9r. 2. Ensures that membership gives prior authorization for all g mbling expenditures 9. Audits closed games (May not be the seller.) N me Title Name Title ichard Volkert Gambling Mgr. MaryAnn Furlong Asst. Gambling M r. 3. Records in organization meeting minutes the monthly I gambling report and authorization of expenditures Gambling Commite e 10. Investigators and resolves cash variances (shortages). me Title Name Title Kelly Nguyen Post Ad"etant Richard Volkert Gambling Mgr. 4. Authorized to sign checks from the gambling account. (A t least two members' signatures. May not be the treasurer of Asst. G a m b 1 i n M r . o anization funds.) 11. Recond es an reso v ny profit carryover variances. me Title Name Title 4ichard Volkert Gambling Mgr, Richard Volkert Gambling Mgr llen Elsbury C.E.O. MaryAnn Furlong Asst. Gambling _M r. aryAnn Furlong Asst. Gambling Mg .12. Prepares and verifies accuracy of reports submitted to the 5. Keeps perpetual inventory records. (Must be someone other Department of Revenue and the Gambling Control Board. in the person(s) who conduct(s) the physical inventory.) Name Title me Title Accountant (CPA) aryAnn Furlong Asst. Gambling M r 13. Determines and verifies compliance with expense cakula- 6. Conducts the physical inventory, going to the site(s) to dons. actually count the inventory. Name Title me Title Richard Volkert Gambling Mgr. Richard Volkert Gambling Mgr. 7. Prepares gambling bank deposits. G a in b l; n g C omm i r e P 14. Handles fund losses of missing Inventory, tickets, and/or me Title receipts. Richard Volkert Gamblin Mgr. Name Title Richard Volkert Gambling Mgr.- Allen Elsbury C.E.O. Signature of chief executive officer. I verify that a written system of internal controls has been established, Implemented, and will be available for review, and that any changes listed on this form will be submitted to the Gambling Control Board within 10 days of the change. Sig ature Date Su mit with LG200A Organization License Application, or within 10 days of any change In Information listed on this form to: Gar biing Control Board, 1711 West County Road B, Suite 300S, Roseville, MN 55113 This ublication will be made available in alternative format (i.e. large print, Braille) upon request. If you have questions, call our Licensing Section at 6 1-639-4000. If you use a T1Y, you can call the Board by using the Minnesota Relay Service and ask to place a call to 651-639-4000. The info nation requested on this form will become public information when received by the Board, and will be used to determine your compliance with Min to statutes and rules governing lawful gambling activities. 7 0,6- AMVETS POST #1 1323 SIBLEY MEMORIAL HIGHWAY MENDOTA, MN 55150 To Whom It May Concern: I, Richard "Dick" Volkert am the state licensed Gambling Manager for American Veterans (AMVETS) Post 41. I'm very honored to have served as Charter Commander of AMVETS Post #1 in Mendota, MN. Ours is the first post in the state of Minnesota, we received our charter from our National organization on July 17, 1982. I have also had the privilege of serving as our State Commander in 1998 and 2004. Our assistant Gambling Manager is Mary Furlong. She has worked with the Mendota VFW's pull-tab operation for several years and has proven to be a great asset. Mary is also part of our AMVETS auxiliary, where she was elected as 2"d vice this year. I invite you to read the history of our national organization on the attached page. Thank you for your consideration. Sin Y, Ri and "Dick" Volkert Gambling Manager AMVETS Post #1 'al Slide 1 - Introduction At AMVETS, we firmly believe that service to country is not just a military duty-it is a lifelong commitment. This commitment over the years has guided our efforts to make a positive difference in the lives of other veterans and our fellow citizens. As I go through the spectrum of AMVETS activities, you'll notice how our programs are geared to this idea of service-whether it's within the veterans community or the cities and towns where we live. Slide 2 - AMVETS History AMVETS got its start in the mid 1940s, as thousands of people began returning from World War II. Brought together by shared experiences, those that returned found it natural to seek each other's company. Many formed their own veterans clubs in communities and on college campuses. The movement mushroomed into more than 75 separate groups scattered across 30 states. It quickly became evident that some sort of nationally organized assistance would be needed for these veterans. With that in mind, nine of the clubs sent two representatives each to Kansas City, Missouri. There, after two days of meetings, they founded the American Veterans of World War 11 on December 10, 1944. Less than three years later, on July 23, 1947, President Harry S Truman signed Public Law 216, making AMVETS the first World War II organization to be chartered by Congress. 1 o~ / AMVETS • a NE{ kAMVETS c30:msfieain. -/sCefo rsJ aL //ate ✓Loaece ¢rtr~ /~a~ ✓lcrmc KNOW YE ALL MEN BY THESE PRESENTS N APPROPRIATE number of duly qualified persons having applied for a charter establishing a post of AMVETS, and such application having been approved, Now, therefore, in accordance with the Constitution of AMVETS, American Veterans of World War 11, Kona and Viet Nam, this Charter is granted and those applying, together with such others as may unite with them, arc hereby authorized to establish and maintain a Post of AMVETS, American Veterans of World War 11, Korea and Viet Nam at Mendota to be known as Post Raymond T. Furlong-Leroy Zigmund /l , Department of Minnesota and this instrument, unless revoked or suspended, shall be conclusive evidence of the lawful existence thereof. By acceptance of this Charter the said Post acknowledges jurisdiction and declares itself to be subject to the Constitution and By-Laws of AMVETS, American Veterans of World War II, Korea and Viet Nam and the Department of Minnesot5 and the rules, regulations and policies promulgated pursuant thereto. And further the said Post pledges itself through its members to uphold, protect and defend the Constitution of the United Slates of America and the Declaration of Ptinciples of AMVETS. In Witness Whereof. this Charteris given under the hand and seal of the National Commander of AMVETS and duly attested by the National Executive Director of AMVETS, at AMVETS National Headquarters in Lanham. Maryland.this 30th day or June , 1982 , and countersigned by • the Commander and Adjutant of the Department -of at }`<a1~:1=E~- this day of .19 ~'0~_ r 1 ZcomMANDF.R L NA ONALE% V DIRECTOR DEPARTMENT COMMANDER KPARTMEW AD1Ul'ANr' a0 MVET5 American Veterans of World War R Korea-Vietnam National Headquarters ko 4647 Forbes Boulevard, Lanham, Maryland 20801 (301) 459-9600 RFA wit JAMES R. RAMSBURG NATIONAL PROGRAM DIRECTOR June"30, 1982 Date Dear Commander: Attached is the authenticated charter for the new Post #1 in Mendota, Minnesota We appreciate the time and effort expended by all who worked towards the formation of this new Post. It is requested that an application for bonding and the Post Constitution and By-Laws be submitted as soon as possible. Also we would like to refer you to Article R Post Organization Section 4 of the National Constitution and By-Laws. These requirements must be met annually. The following information is forwarded for your guidance: The AMVET emblem was copyrighted on May 2, 1946. The emblem is also protected by Federal legislation which makes it a criminal offense for anyone to manufacture, sell, or purchase for resale, the official AMVET insignia either separately or attached to any article. Merchandise featured in the National Quartermaster Directory is the only official merchandise available, and if any individual member, Post or Department desires to use the emblem in any other manner, regardless of the item involved, approval must be obtained from the National organization. Any fund-raising activity involving the public where gross receipts are expected to exceed $2,500 per year must receive prior approval of National Headquarters. Any questions should be referred to your State Headquarters, or to National Headquarters. ectfully yours, James R. Ramsburg National Program Director "A time of change A year of challenge." a9 Preamble to the Constitution of AMVETS We, the American Veterans who have served or are serving in the Armed Forces of the U.S. during and since WWII, fully realizing our responsibility to our community, to our state, and to our nation, associate ourselves for the following purposes: to uphold and defend the Constitution of the U.X.; to safeguard the principles of freedom, liberty and justice for all; to promote the cause of peace and goodwill among nations; to maintain inviolate the freedom of our Country; to preserve the fundamentals of democracy; to perpetuate the friendship and associations of these veterans; and to dedicate ourselves to the cause of mutual assistance, this by the grace of God. 3~ RESOLUTION CITY OF EAGAN GAMBLING CONTROL BOARD PREMISE PERMIT FOR AMERICAN VETS POST #1 ON AXEL'S BONFIRE PREMISES WHEREAS, the American Vets Post #1 has applied for a Gambling Control Board premise permit for a pulltab operation at Axel's Bonfire located at 1555 Cliff Road; 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 American Vets Post #1 application for a premise permit to conduct a pulltab operation at Axel's Bonfire. 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 6, 2005 CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 6`h day of September, 2005. Maria Petersen, City Clerk 31 Agenda Information Memo September 6, 2005 Eagan City Council G. FINAL SUBDIVISION (HOMESTEAD VILLAGE) & FINAL PLANNED DEVELOPMENT - MANLEY LAND DEVELOPMENT ACTION TO BE CONSIDERED: To approve a Final Planned Development for 9 twin homes (18 units) upon 7.3 acres located at 500 Gun Club Road in the SE'/4 of Section 36. To approve a Final Subdivision (Homestead Village) to create 18 lots and one outlot for a twin- home development upon 7.3 acres located at 500 Gun Club Road in the SE'/4 of Section 36. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ The Preliminary Planned Development and Preliminary Subdivision were approved January 18, 2005. ➢ This item was continued from the August 1, 2005 City Council meeting because some of the documents necessary for final approval had not been completed. ➢ The development contract, easement agreement and all other documents necessary for approval of the Final PD and Final Subdivision have now been completed and are in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Plat drawing, page3-3 ~a Nil, ~a I.- da :_i"eas ;it 4 ifs @~ s L! i iiiti 31 oil e# a.as~ _ $ 3 g Y~t ° i o ~ g3; F"%?js, ¢3g $ ;a "L bly 3.I 11i'ta ~z ss d p3 s `g n gt LQd E i e^~s~:n R d :a~ : n a~ C`t~ i» 11 }sss] G`~ ~ I ~ c3 3 F S a ~ ~ t i ~ r . L t l I I I =v C) :Z -3 F- I 003" 3.99ACAM " 3•B2.Oi.EBN I Oo•S!Z "Z.9600N~ s 3nN3AV 3NAVWI6 W - - r $ Gcw mu ro - -m~-- I t.unxr,3 9 T, I 'w I I~ = M I J ~ i - u = a Iurnn • n.wrta I x I•' 71 I I. % I x I I I r " w / ~ - I = asI°, di a i is ~ i ' 8a'=-a\• " a~ .h 4t I„,-.n~t• t.m t•m ' ` mm r.c • Jw• , '~I S Q a \ ¢ 4"e ra ' GYUa. lsnoo SNNAL % I Y L~ twyt,y_-_-_x-_-_-_" V, 6 G °PZt _mxG [EYi~_-''~t•y, I C W , 100= ,P~s r C h_ `Z~`~ ` 4 tl ~:1 _ I f1 A I li - I n C1 2 ~'1 la I I~ U E O . l F- ` t Y.I `1a J a l a n co I P. (n I I. Y" •N- I N '1J J~,ra. I~~d I dI T_____-_ ____-j L_____ _R'LGE_~ L,c...m• ; P! e 1 _ 63d j I I r11 u m m E 0 4 I 9~ ~ A I I _ i K I Ip _ I h R 1 ? ' _ I I' I I- I °a~ I b co I I C 11 I i I Ir •t n i----------- . I I i ii ! 1 8 ~ w'.r mm mm mm trtt 1 x« a~Gr 00'999 ('SV3N) M.K.OLOON (I91CC! 'ON '1N3O) 3.Zt.a0.00N 8^ I I ` v w.as: _ g ~ rs W SPa " k= L" . ~a~ Lnm nx awal„tw" ~ ~ 5 b,;r7t $4` I I I ~<4 R ~ Ey~-T- i ?E~G~ it cl~ g3~1<$$ ~ €•"~a I~"_ wig L- J" i 111~ o o f =c~ x g g~ _I 20 Agenda Information Memo September 6, 2005 City Council H. FINAL PLAT (HALLEY'S 2ND ADDITION) - MANLEY LAND DEVELOPMENT ACTION TO BE CONSIDERED: To continue approval of the Final Plat for Halley's 2nd Addition and the Vacation of easements to the November 3, 2005, City Council meeting. REQUIRED VOTES FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The site consists of Lots 1 and 2, Halley's Addition located at the southwest corner of Red Pine Lane and Biscayne Avenue in the SE '/4 of Section 36. ➢ These items first appeared on the Council agenda on May 17th and were continued to the July 19th and then to the September 6th Council meetings, to allow the City to proceed with a study of the development/ redevelopment issues in this area. ➢ At the applicant's request, approval of these items is being postponed for 60 days to allow the City to get further along with the master plan approach to redevelopment in this area. With the approval of the Predevelopment Agreement on August 1, 2005, the parties continue to work on development of the master plan, with the intention of development/redevelopment of the subject site, and adjacent property to the west and other properties in this area. ATTACHMENTS (1): Letter from Tim Johnson, page 3~ SEP-02-2005 08:55 From: To:651 675 5694 P.2-2 CRr Commercial Pr operlybevelopmenlCorporotion August 31, 2005 Pam Dudziak, Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re:.RNuest for Continuance of Apphcation for Final Plat/Easement Vacations for Halley's 20" Addition. Dear Pam, Manley.Land Development submitted applications for Final Plat and Easement Vacations to the Crty of Eagan in May 2005 for the property at 4841 Biscayne Avenue. We understand that the City Council nods additional time in order to review the Red Pine Area Master Plan and the Predevelopment Agreement. Manley is hereby requesting another 60-day continuance of our applications, as this would be in the best interest-, of all parties. I can be reached on my mobile (651) 587-9354 with any questions. Sincerely, Tim Johnson hand Planner 1915 Plaza Drivc Eagan. NIN 55122 Phone 651.289.5263 Fax 651.289.4329 Agenda Information Memo September 6, 2005 Eagan City Council 1. FINAL SUBDIVISION (BLUE RIDGE 6TH ADDITION) - CSM CORPORATION ACTION TO BE CONSIDERED: To approve a Final Subdivision (Blue Ridge 6`}' Addition) to create two lots on approximately 20.4 acres located at 2955 Lone Oak Drive in the SW 1/4 of Section 1. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ The Preliminary Subdivision was approved November 4, 2004. ➢ All documents and Agreements have been signed and are in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Plat, page -37 3~ °o o a O e~F W w Q \ \ IrJJ I a.,,. W "I 44 n+J ~ _ R woe is'eoos 8 I I _ csotz I rr tr ~l Jv / ~Ri 4/ / _ 1 I J :r 0,-1 11 I I q :.i ~ A m I C~ ~4 S05 2.VSDT ^\~1 \ \ Yl ~dS I i0 IC,I ~ ~ titi f`1-{ i,. ~ ~y q3 R n z IBC / ` Fpp JF ,1 i. ` / 6~y'ry• ~ s • rr ~ i„ ~ i l 'o'& ~\1 °E'. i s~ ~ 45 ~ q { I v s ✓Fy\ e ~ . I 01 " ' Ll~ vrrrr imao.uos ~ o, T. ~ \jJ ,,I a Irs ~ - \ x ells rz 'a zzi•, ZS'BSF! ~fZ ~e ear N Y/1 NS ~N M , I "I P mil; / r~ I jt I I t L11, r♦ t Q I FC 'C I c~ U e EN Em ae c $ .5 I = CL z S I 2 ^a ~Ew , 0 00 ow ono C 37 gh ~ Agenda Information Memo September 6, 2005 City Council J. FINAL PLAT (VIEW POINTE) - AHOME APARTMENTS ACTION TO BE CONSIDERED: To approve a Final Plat (View Pointe) to create one lot on approximately 19.95 acres located at 3903 Valley View Road, west of Rahn Road and south of Cedar Grove Parkway, in the NE '/4 of Section 19. REQUIRED VOTES FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ This final plat will replat a single unplatted parcel into a platted lot. ➢ The site is developed with an apartment complex consisting of 327 units in 13 buildings. ➢ On February 1, 2005, the City Council approved a Variance for the construction of a new rental office. One of the conditions of the Variance approval was that the property be platted. ATTACHMENTS (1): Final Plat, page 3l s 6 C ¢ g g a 6 g b n $ is s~YES~,€ 6p F § i~ I E ; 5 6F i W 5n s W ~~€5 c I 5y €s= j s l °s~ E c° E= ra Ei6y by 3 s Igs 36 05 1 Fs ~s ~ s E s t y E{ i$t {e Y3~ ~g ~~T ~~SR€E~E 5[~F ~ ~9 Y s $@ ~ ~e 5'y^ ~ ggR fi ~ ~y51 ~ o ~ ~ ~ ° ~ ~d :sE€sfg~%$ €s Es i qS ts~EF ~ `t9°f h~ 3 z g8 $~'S gE~ sipp €~zsa $ G~€ a G~k a~31 3i ~ S ees 8 `~R e5 a gam„ W~I a g~ ~ ~ NOOOBSO"W nt ~s _-..a.,, _ kp3~ g0 ' - - RAHN ROC T 700.71 a - i h j6 RAHN ROAD 7onaa Z b 0 O LL m o A rc ''q > d c W W C) $ '1L TA 10, R S 9 , 1, 4.9tS ~a f S ~ s R 39 Agenda Information Memo September 6, 2005 K. CONTRACT 04-07, LEXINGTON RIDGE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 04-07 (Lexington Ridge - Street Improvements) in the amount of $11,404.30 to Veit & Company, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 04-07 provided for the public street improvements within the Lexington/Diffley Athletic Facilities to serve the development of Lexington Ridge, as petitioned by the developer, Mr. Ray Miller. • The project costs are being paid for by the developer. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. rLdl Agenda Information Memo September 6, 2005 L. PROJECT 906, LEXINGTON RIDGE STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive and approve the Final Assessment Roll for Project 906 (Lexington Ridge - Street Improvements) FACTS: • Project 906 provided for the public street improvements within the Lexington/Diffley Athletic Facilities to serve the Lexington Ridge development. • This project, constructed under Contract 04-07, has been completed, all costs tabulated and the final assessment roll prepared. • All costs under the project are being assessed to the developer of Lexington Ridge, Mr. Ray Miller. • In conjunction with the development and petition for the public improvements, Mr. Miller signed a waiver of objection to the assessments for this project and related/required public hearing processes. • This roll is now being presented to the Council for final approval allowing it to be certified to the County for collection. ~I Agenda Information Memo September 6, 2005 M. PROJECT 914, THOMAS LAKE HEIGHTS - STREET OVERLAY FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 914 (Thomas Lake Heights - Street Overlay) and schedule a public hearing to be held on October 6, 2005. FACTS: • Project 914 provided for the bituminous overlay of Clemson Drive, Clemson Circle, Clemson Court (all three cul-de-sacs), Baylor Court, and Auburn Court all within the Trails of Thomas Lake/ Thomas Lake Heights neighborhood, in central Eagan. The street resurfacing was completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 05-01, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are less than the estimate contained in the feasibility report presented at the public hearing held on December 6, 2004. ~o~ Agenda Information Memo September 6, 2005 N. PROJECT 916, ST. FRANCIS WOODS - STREET OVERLAY FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 916 (St. Francis Woods - Street Overlay) and schedule a public hearing to be held on October 6, 2005. FACTS: • Project 916 provided for the bituminous overlay of Widgeon Way, Tananger Court, Flicker Circle, Mourning Dove Court, and Woodthrush Court all within St. Francis Woods lst- 3rd 5th Additions neighborhood, in north-central Eagan. The street resurfacing was completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 05-01, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are less than the estimate contained in the feasibility report presented at the public hearing held on November 16, 2004. 43 Agenda Information Memo September 6, 2005 0. AMUNDSON'S CORNER ADDITION (LOTS 1-2, BLOCK 1) EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on October 6, 2005. FACTS: • On August 17, 2005, City staff received a petition from Scott Amundson, 4576 Lenore Lane, requesting the vacation of a portion of the existing drainage and utility easements on Lots 1 and 2, Block 1, Amundson's Corner Addition, northeast of the intersection of Cliff Road and Lenore Lane. • A standard 10-feet wide drainage & utility easement was dedicated over the common lot line between Lots 1 and 2 as part of the Amundson's Corner Addition. • The purpose of the vacation is to coordinate with the ownership transfer of 25 feet of property between the two owners. • A replacement easement over the new lot line will be dedicated with the waiver of subdivision of the two lots. This waiver is also scheduled for consideration by the City Council on October 4. • Notices will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. ATTACHMENTS: • Location Map, page • Petitioner's Letter, page ZAD . Z14 ~o yta~ SILVER BELL RD. EKE Q S Y p ao 35 ~ UWA ~ 000 DR DRIVE U. OE R~ I Q OQ C) DfFFLEY ROAD ~ o z z x rc S Proposed Vacation L) U ~ ¢ c C. RD. 38 m CLIFF ROAD R,P O c J W 8 a W U e r 2 O APPLE VALLEY GAVacations\LENORE LOC Lots 1 & 23 Blk. 1, Amundson's Corner Add. City of EaQu Proposed Easement Vacation 8/29/05 Engineering Department Location Map Scott Amundson 4576 Lenore Lane Eagan, MN 55122 Phone 651-454-0214 August 17, 2005 Please accept our application of PETITION TO VACATE of the existing Drainage and Utility easement in order to create a New Drainage and Utility easement along Proposed New Parcel Line 25 feet south of the existing line. Amundson's Corner Addition *Lot 1, Block 1 Dakota County Document Number: 10-11500-010-01 Scott Amundson 4576 Lenore Lane Eagan, MN 55122 *Lot 2, Block 1 Dakota County Document Number: 10-11500-020-01 Gilbert Amundson 1785 Cliff Road Eagan, MN 55122 Thank you for your time and consideration. Scott Amundson Agenda Information Memo September 6, 2005 P. PROJECT 937, LONE OAK PARKWAY TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the draft feasibility report for Project 937 (Lone Oak Parkway (Trail Improvements). FACTS: • On August 16, 2005, the City Council authorized the preparation of a feasibility report identifying the scope, cost, schedule and method of financing a proposed trail construction along the east side of Lone Oak Parkway. A public hearing was scheduled for September 20, 2005 to formally present and discuss the report with the adjacent property owners. • The adjacent property owners will be contacted prior to the Public Hearing to review and discuss the proposed improvements. • On March 23, 2005, City staff received a petition from CSM Corporation, developer and owner of properties in the Waters Area in northeast Eagan, requesting trail improvements, along the west boulevards of Lone Oak Drive and Lone Oak Parkway. In response to the petition, the Council initiated Project 922 (Lone Oak Drive/Parkway Trail Improvements) and authorized the preparation of a feasibility report identifying the scope, cost, schedule and method of financing the proposed trail construction. • The construction of a trail along the west boulevard of Lone Oak Parkway was included in the feasibility report for Project 922 as an Alternate for the Council's consideration and direction. A significant amount of assessable frontage was adjacent to the United States Postal Service (LISPS) Regional Facility Service Center on the west side of Lone Oak Parkway. The City does not have any authority to assess this property without their consent, and USPS was not one of the petitioners. • On July 19, 2005, the City Council held a public hearing for Project 922. After presentation of the project and public comment from a representative of CSM Corporation, the Council approved the project (without the Alternate to construct a trail along the USPS parcel on the west side of Lone Oak Parkway) and authorized preparation of detailed plans and specifications. Direction was given to pursue a potential trail along the east side of Lone Oak Parkway for later consideration. • At the City Council's direction at the close of the public hearing on July 19, 2005, city staff attempted to work with the petitioner of Project 922, CSM, to get a new petition that includes a trail along the east side of Lone Oak Parkway between Lone Oak Drive and Northwest Parkway (across the street from the USPS parcel). The construction of these two trail segments combined under one contract would provide an economy of scale that would likely reduce the construction costs and the associated assessments to each property. To date, city staff has not received a petition for this additional trail segment. • A field review of the boulevard along the east side of Lone Oak Parkway between Lone Oak Drive and Northwest Parkway reveals existing curb cuts for future pedestrian ramps, indicating the expectation of a trail or sidewalk along this roadway segment at the time of the initial construction. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. V Agenda Information Memo September 6, 2005 Q. PROJECT 888, CEDAR GROVE PARKWAY TRAIL AND LIGHTING IMPROVEMENTS ACTION TO BE CONSIDERED: Authorize the preparation of a feasibility report by the City Engineer for Project 888 (Cedar Grove Parkway - Trail and Lighting Improvements) and approve the streetscaping design study report completed as part of Project 866 (Cedar Grove Streetscaping). FACTS: • Project 759R provided for the reconstruction of Cedar Grove Parkway (formerly Beau D'Rue Drive), including the installation of a center median, reconfiguration with one lane of traffic in each direction and construction of an off-street trail. However, the trail segment along Cedar Grove Parkway, from Rahn to Nicols, was removed from Contract 01-05 due to difficulties in acquiring timely access easements from some adjacent property owners. • Project 866 (Cedar Grove Streetscaping) provided for streetscaping and lighting improvements in the Cedar Grove area. The installation of decorative street lighting adjacent to Cedar Grove Parkway was included in the design study report which was not formally approved by the Council, but was used as the guide for streetscaping improvements along Silver Bell Road and Cedar Grove Parkway, from Silver Bell to Rahn. As a result of the trail construction being removed from Contract 01-05, the decorative lighting along Cedar Grove Parkway, from Rahn to Nicols, was also removed. • Based upon the expected benefit to adjacent properties along Cedar Grove Parkway, it would be appropriate for the City Council to authorize the preparation of a Feasibility Report for Project 888 (Cedar Grove Parkway - Trail and Lighting Improvements) to determine the scope, cost, schedule, and method of financing for the construction of these street and lighting improvements. This will remove any legal ambiguity resulting in the previous authorizations of the proposed improvements and deletions from previous improvement contracts. • As part of Project 866 (Cedar Grove Streetscaping), a design study report, dated March 2002, was completed to analyze proposed boulevard and median streetscape improvements for Cedar Grove Parkway, Silver Bell Road and Cedarvale Boulevard which would create a unified and enhanced appearance for the Cedar Grove Redevelopment District. Formal Council approval of the design study report will allow for 100% State Aid reimbursement of the decorative street lighting along Cedar Grove Parkway and Cedarvale Boulevard (future project) which are designated State Aid routes. ATTACHMENTS: • Location maps, pages & 56 'd le c o~ _ p LETER S1 J V I Qdo r y 4y'1"PF ~ x 8 ~ Oe J`~~ ~Pr ~P 1 ~~~~~(Y / C04. q °yy C T~t~ q'2~ C'Cf ~~pv Ve 40. BLACKHAWK COv LV } Q yF pR. y' ~O 41. BLACKHAWK ~PROJECT LOCATION RD =m ~G sy<k GF ~~0 qO yFF RED FOX CRESTRIDGE Co- LA. OR R0, ° VV J, J ~2 R QO"~p MONTEREY cw~ LA. Qti Fy z x OEE d ° a F9 o CIR• KYLLO ¢ LA. u ~ Nt P° rti 2 MERLp p(i ,c m lb, A~ C~S `SAO y~°{ CV• T~ (9 Z Y 0;/ O ~o AZELy~J;<v 4`t ' e<UEBILL DR, O ¢ V RED ROBIN LA, S w RDA, DOVE DR. FLAMINGO d~' CH, v v SKATER. o Y ¢ CIR w vER BELL RD. E ¢ o RIVERTON y SD_VE BEL4 ~y ~ t:D~~ T2TN 77~ ; `,a ti''vi'~~'`,. o o W= ° ~C'+?'a 8 uk~t Q.•T ¢ PALIS40 m T. i R24W R23W 3,ti~. 4 o ¢ ~u cY O 7. 9. q f 13118 1 `Q 1 a;1~ s P• Q' qP~ J CIR. 8. t 0 O o TINE DR. F.' Zall9 ~ k~ :Q PT. h<„ ~ 4: IO.c CCC 9. 4:~ l' 'P D 4. v~ x z N GOLD - ac NR 4NE / p4' ~..w'~v a< v w p\SF' J 3 DON )Ft. PO = 11.9 DAVENPO RT `~'E u c SJ PS's 1! CIR. GALW, VILLAGE PLAZA , tip. ° TR• < oar tcELLo ,I~/ .a: ` `4• ri`1' , }v' P~,1'EY ,I 4t C YS TAL O~ m 12. AVE. tlEGAL REDE AREAVELOPMENT V ~t ti` ky~ _ DR pJp~S~ tA. Cy Cf CT. WO QP~~ SARTELL AVE. 34:..~,,.. ER WAY ~ ~lEW a OABBRO TR. / 34, RUNNING BROOK RD. F wi MRCP TALON[ a TR, ¢ W 35. COOL STREAM CIR. SIBLEY GS C4 Ji~'F w rY PUM A LUf a < 36. ROCKY RAPIDS WAY '~C! m m ¢ = i s B STONE pR. a T ° J PT. J U 48. SKYLARK LA, C CHELSEA O~CP ~o L4 A. CARNE LIAN L4, MEAOOWL4 M ti Cr, a~ a C JADE < LA. CT. 4'{' C CA & ctiOLER `O~~y FdfFR4 4' y w zo W J s4FME40 0 W LARk !q tj .3 > s ~Cfl o ~h 3S• o ¢ CO J 3 ` _ 4$ i R0 x < >p~q ~O a• 36. i ° C4 0p4L Dq C4, o; r i ~~•('-i, J KATHRYN49 Q ¢ W 3 2 ly. 9L .O 3 ¢ RIVFTT 7 v Y ,m i k > u v O f ~F WATER LfCLy v i L4. c ¢ CT. CIR MpADOM r s HAVES a L4. ° w ¢ FIELD 5, AUBY SAPPHIRE 4• 1QrS~ FOXPO(Ni u RD. CREEKS1pE < a GLE Cl. o PT ~T c o1• cr, 30 ° ZIRCON LA, DIFFLEY ¢ RD. ° j LONDOq DR, Op CHIP NK CT. OUTHPOly~ Oy ~ o°~k o2~~ ~~"r 0 p ad CORAL LA. DEER 5 y r ry Q• Q~ .`,LJ xJ W °d' c tt i[MBER 4A, tt ER. f ' D,n SOJ ~j - AMBER CT. o c o z S. TIMBEy ka<~°P~ e0. Pl-,*0 GRANT CT GLORY 4e4,p z ♦ ? w BA R rq tCk Tq,& TR• SR OR' CT9 3< °e ST.j~ METCALF DP. ."cF.~ FOP 00 2 CT. Cr y~ o w v vg R 112th ~ o ° 4gT2 ~ SP c a 2~ ¢ o o ~p r ~ P 6y a PIE LAKE C~ u o ¢ o C~!'aEq <y oe m yJ2 CT' ? U ¢ 35E WOOOCOE~ cc`F'< T, C4, CK;aEST~1NG r a A CEDAR RIDGE _ i LA• o++ y ~ a FOX w W 4 CAN LA C;• r ~i ¢ CLARk Y Si V CIR. ° SHALE o LA. wm RIDCE Ci, pRAKE OR. CITY OF EAGAN FIGURE C.P. NO. 866 CEDAR GROVE REDEVELOPMENT AREA Consulting Group, Ine. Job '002444 fl1e444/GR1 PROJECT LOCATION MAP p„x,02 41 / / O PROJECT LOCATION 00 ~ o0 r i II ~o CITY OF EAGAN FIGURE C.P. NO. 866 CEDAR GROVE 2 STREETSCAPE ConulHag Gimcp, Inc PROJECT AREA MAP o3 zo-az Agenda Information Memo September 6, 2005 R. PROJECT 745, BLUE GENTIAN ROAD MUNICIPAL STATE AID STANDARDS ACTION TO BE CONSIDERED: Approve a request for the consideration of a variance to the Municipal State Aid standards for Project 745 (Blue Gentian Road - Street Realignment and Utility Improvements) to the Minnesota Department of Transportation State Aid Variance Committee and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 98-24 provided for the new construction of the street and utilities for the realignment of Blue Gentian Road as presented in the feasibility report for Project 745, as well as Blue Water Road as outlined and discussed in the feasibility report for Project 746. The installation of sanitary sewer, water main, storm sewer, and new street construction, was completed for the development of Grand Oak 2. • On October 3, 2000, the City Council approved the final payment for Contract 98-24 and accepted the improvements for perpetual City maintenance subject to warranty provisions. • Blue Gentian Road is designated as a Municipal State Aid (MSA) street within the City of Eagan. In accordance with said designation, MSA funding was applied to the construction and engineering costs for the street and storm sewer improvements. • The Minnesota Department of Transportation (MnDOT), as the authorized distributor of the MSA funding, has established design and process standards on all construction projects using MSA funding. • MSA design standards were not met as part of the construction of Contract 98-24 due to intersection reconfiguration requirements at the TH 55 end of the project limits. MnDOT funding participation, through the Cooperative Agreement funding, wasn't provided for this reconfiguration work until the recently completed improvements as part of Contract 04-04 (Project 859, TH 55/Lexington Avenue/Blue Gentian Road - Intersection Reconfiguration). • Upon the completion of the TH 55/Blue Gentian Road intersection, city staff requested full disbursement of the MSA funding for Project 745. Staff was informed of a process deficiency that prevents disbursement of the remaining 5% of MSA funding. In order to obtain the remaining funding a variance is required from MnDOT. • While Contract 98-24 was not awarded by the City Council until after State Aid plan approval was given by MnDOT, City staff received bids about a month prior to said plan approval. MSA procedure states that plan approval shall occur prior to bid opening. • With favorable Council action, City staff will attend an upcoming State Aid Variance Committee meeting to officially request variance approval and disbursements of all funds. S~ Agenda Information Memo September 6, 2005 S. CAPITAL IMPROVEMENT PLAN (2006-2010) DAKOTA COUNTY ACTION TO BE CONSIDERED: Approve Dakota County's draft 5-year Transportation Capital Improvement Program for 2006-2010. FACTS: • At the May 10, 2005 Council workshop, the Council reviewed and discussed the proposed Public Works Department 5-year Capital Improvement Program (CIP) for 2006-2010. After consideration, the Council affirmed the draft CIP. • On June 7, the City Council approved the 5-year CIP as discussed at the May 10 Special Council Workshop, including improvements to County Highways that are important to the City of Eagan. • The Dakota County Transportation Department has prepared a 5-year CIP for 2006- 2010 which is scheduled to be presented to the County Board for approval on November 15, 2005. • Since the County and City share the cost of all County Highway improvements on a 55/45 split, City staff presented Eagan's approved CIP for their consideration in preparing the County's proposed CIP. • After reviewing Eagan's CIP, as well as their own County Transportation Plan, the County has included all County Highway improvements proposed by the City. • The County has now requested that the City formally approve the County's draft CIP for 2006-2010. City staff has reviewed it and is presenting it to the Council for favorable consideration. Agenda Information Memo September 6, 2005 T. PROJECT 918, PILOT KNOB ROAD-CENTRAL PKWY TO LONE OAK RD PROJECT AGREEMENT ACTION TO BE CONSIDERED: Approve a Project Agreement for Project 918 (Pilot Knob Road from Central Parkway to Lone Oak Road- Street and Traffic Signal Improvements) with Dakota County and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Dakota County has scheduled the upgrade of Pilot Knob Road between Central Parkway and Lone Oak Road, including the addition of turn lanes and traffic signals, for the spring of 2006. A new traffic signal is proposed at the Central Parkway/Pilot Knob Road intersection, while an intersection reconfiguration and traffic signal modifications are planned at the Lone Oak Road intersection. This project is in accordance with the 5-Year Capital Improvement Programs (2005 - 2009) for the City of Eagan and Dakota County, although construction was originally anticipated to occur in 2005. • An agreement between the City of Eagan and Dakota County has been prepared providing for the engineering, roadway construction, right of way acquisition, and traffic signal related items, including cost, maintenance and operation of the traffic signal improvements. As set forth in the agreement, the City's financial share of these improvements is 45% of roadway related improvement costs, 50% of the traffic signal related costs (Estimated Total Construction Cost = $1,255,600; Eagan Share Estimate = $542, 200). • Dakota County is the lead agency for this County Road improvement. However, the agreement provides for Eagan staff to assist in obtaining the permanent right-of-way and temporary easement required for the construction of the proposed improvements. Eagan will be reimbursed for these related easement and personnel costs. • City staff have reviewed this agreement and found it to be similar to other project construction and traffic signal agreements and in order for favorable Council action. S3 Agenda Information Memo September 6, 2005 U. STEEPLECHASE ADDITION - CITY PROJECT NO. 05-M CONSTRUCTION WORKING HOURS TIME EXTENSION ACTION TO BE CONSIDERED: Approve an extension of the daily site construction work hours for Ryan Contracting, under the Steeplechase Addition development contract. FACTS: • The City Code allows for the operation of construction equipment between 7:00 a.m. and 7:00 p.m., Monday through Saturday, except for legal holidays, unless otherwise approved by the City Council. • The street and utility improvements are being completed in conjunction with the Steeplechase Addition under terms of the City's development contract with Toll Brothers. • The developer's contractor, Ryan Contracting, is requesting the working hours be extended to 6:30 a.m. to 9:00 p.m., Monday through Friday, except for legal holidays, in order to complete a majority of the street and utility improvements in the 2005 construction season. ATTACHMENTS: • Letter from Contractor, page O CONTRACTING WE DEVELOPING YOUR WORLD August 30, 2005 City of Eagan RECEIVED Lane Wegner 3830 Pilot Knob Road AUG 31 2005 Eagan, MN. 55122-1897 EAGAN RE: RCC Project # 881 ENGINEERING DEPARTMENT Steeplechase Eagan, MN Dear Mr. Wegner, We are formally requesting an extension of working hours on the above referenced project. We ask that we be permitted to work from 6:30 am to 9:00 pm Monday thru Friday and 7:30 am to 6:30 pm on Saturdays excluding Holidays. Given the delay in starting this project combined with the short construction season and inclement weather the month of October, we would like to make every effort possible to complete this project in its entirety this season. Please consider our request and feel free to contact me with any questions or concerns. I may be reached anytime on my mobile phone at 612 -282-4332 Respec lly su mitted, Ryan o a ng Co. Ty r . Enn ice Preside Cc: Scott Enright / RCC Kevin Hachfeld / RCC Colin Roetman / Toll Bros. Inc. Corporate Headquarters 8700 13th Avenue East Shakopee. Minnesota 55379 952-894-3200 Fax: 952-894-3207 Wisconsin Office 9468 130th Ave. Bloomer. Wisconsin 54724 715-568-3522 Fax: 715-568-3433 5S' Agenda Information Memo September 6, 2005 V. CONTRACT 05-07,2005 CITY-WIDE SANITARY SEWER LINING ACTION TO BE CONSIDERED: Receive the bids for Contract 05-07 (2005 City- Wide Sanitary Sewer Lining), award the contract to Insituform Technologies USA, Inc., for the Base Bid unit price up to $125,000 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The rehabilitation of various existing sanitary sewer pipes throughout the City by the installation of lining was programmed for 2005 in the City of Eagan's 5-Year Capital Improvement Program (2005-2010). • The City Council authorized the sanitary sewer lining improvements of about 5,000 linear feet of existing pipe for various areas within the City with the approval of the Sanitary Sewer Operations and Facilities portion of the 2005-2010 Capital Improvement Program (CIP) and 2005 operating budget. • All of the construction activity for said improvements has been designed to occur within existing public right-of-way or easements. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. • At 11:00 a.m. on August 25, formal bids were received for this project. A copy of the bid tabulation is enclosed. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid from Insituform Technologies USA, Inc., has been reviewed by the Engineering Division and found to be in order for favorable Council action. ISSUES: • The Low bid is $13,250 (10.6%) over the budgeted estimate due to the unanticipated increase in material costs, which is a petroleum-based product. The contract is set up to allow the city to reduce the quantity/length of material so that it will not exceed the current budget of $125,000, which has been the historical annual allocation for this 10-year program. ATTACHMENTS: • Bid Tabulation, page • Location Map, page S. BID SUMMARY SEWER LINE RENOVATION FOR, CURED IN PLACE PIPE CITY PROJECT 924 CITY CONTRACT NO. 05-07 Bid Date: Thursday, August 25, 2005 Bid Time: 11:00 a.m. Bidder 5% Bid Price per Foot Total Base Bid Bond 1. Insituform y $27.65 $138,250.00 2. Veit Companies y $28.99 $144,950.00 3. Lametti & Sons, Inc. Y $29.90 $149,500.00 4. Michels Pipe Services y $33.50 $167,500.00 5. Visu-Sewer y $37.50 $187,500.00 Low Bid $138,250.00 Budget Amount $125,000.00 Percent Over Budget +10.6% S 2005 Sanitary Sewer Linning for Cured In Place Pipe s E e ~ "g i N 1-484 f, - - LONE OAK RD. J ' j % o ~W y s ~ 5 O 2 D G m YA <EE DOODLE RD. 1 WESCOTT RD O ~ DIFFLEY RD. 2 UU G I -g: i R PTN O T ~ ~(O s I SIGFRIO Ha - fR 'STREE a L~5- 2 9~ CLEMSON OT V NEMLO (eR _ } _ O GALS G _ E. BALSAM ST £ - ST C1E01 ME LANEE 3 / PONOEROSAO y _ _ j COSMOS I , / O IAUBURNCT = W RIDS 1`--3 OEERWOOD DRIVE JI` TACONITE TRAIL ~0~P5 , a4UE'STp ~"`~LN Y 5~ 2005 Sanitary CIPP A£gp0 ~ RD-- U'~;;_ 'D - 2005 CIPP KATHRYN CIR.~ Prepared By. Eagan Public Works GIS Dept. Date Prepared: August 2005 L:\USERS\PUBWORKS\Proje~ USldies\Sanitary-Sew r\ Sanitary _MaintlSanitary _CIRSandary _CIPP_2005only.md City of Ea aIl 0 2,500 5,000 J Feet s~ Agenda Information Memo September 6, 2005 W. La OUINTA INN (EAGAN WOODS OFFICE PARK 2ND ADDITION) EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage and utility easements within Outlot C, Eagan Woods Office Park 2nd Addition and schedule a public hearing to be held on October 6, 2005. FACTS: • On August 31, 2005, City staff received a memo from Brian Bourassa of McCombs Frank Roos & Associates, Inc., on behalf of La Quinta Inns and Suites, requesting the vacation of all of the existing drainage and utility easements on Outlot C, Eagan Woods Office Park 2nd Addition, southwest of the intersection of Buffet Way and Pilot Knob Road. • 10' wide easements were dedicated as part of the Eagan Woods Office Park 2nd Addition plat as the typical side lot easements for drainage and utility purposes. • The purpose of the request is to allow La Quinta Inns and Suites to construct a new 152 unit hotel on Outlot C and the adjacent parcel to the south. The configuration of the proposed hotel would encroach upon some of the existing drainage and utility easements. • La Quinta will replat Outlot C and the adjacent parcel as the La Quinta Addition for development of the site. 10' wide side lot easements for drainage and utility purposes will be dedicated as part of the new plat, as is typical. • The vacation of the existing drainage and utility easements would clean up the proposed plat by avoiding an underlying recorded dedication. • Notices will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. ATTACHMENTS: • Location Map, page leb . • Legal Description, graphic, page. ~_1 MENDOTA HEIGHTS INTERSTATE 4494 Q M Proposed 777!!!!N L KJ Vacation z° 0 s J LONE OAK ROAD LON O o ~ O w m Z ~r $ O CL YANKEE DOODLE ROAD T euo K WESMT R0. SILVER BELL RD. L4Kf Q Y p ~ m ~ GNacations\LaQuinta LOC Outlot C - Eagan Woods Office Park 2nd City of EaRaIl ( La Quinta Inn ) 91/05 Engineering Department Proposed Easement Vacation - Location Map ~ I - BENCH NARK / Qll-M12 R S89'55'51 V W&94 / :w ` ~ - Zvi I I P ARCS` 8 OUTLOT C _ T i_ i SB939$0" E 389.38 PARCEL 2 LOT 1 LL_ ~ ~ I 1 - - - - - - - - - - - - - - - - f- LOT t 60 20 F - Easement Vacation Description I All the drainage and utility easements in Outlot C, as dedicated in the plat of Eagan SCALE IN FEET Woods Office Park 2"d Addition, as recorded July 27, 1999 as Document Numbers 1624818 and 403921 in the office of the Dakota County, Minnesota Recorder. Revisions arb siu Client Sheet Tine sheet Revisior ft-M a.., uo nn MIND 20 N„i, LA Quinta Properties, Inc. e t Dow srn,oe 1:111'FRA~Exhibit B Cbdd E-" Am" pp MFM FILE NO.: 15519 Agenda Information Memo September 6, 2005 Eagan City Council Meeting V. PUBLIC HEARINGS A. VARIANCE - RENAISSANCE EXTERIORS ACTIONS TO BE CONSIDERED: To approve (Or direct Findings of Fact for Denial) a 1 percent Variance to the building coverage maximum of 20 percent for a porch addition for property located at 4326 Amber Drive in the NE '/4 of Section 30, subject to the conditions in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The applicant is requesting approval of a 1 percent variance to the 20 percent building coverage maximum for a 14'x14' (196 square foot) porch addition. ➢ The subject R-1 lot is approximately 9,000 square feet. ➢ The existing house and the attached garage have a footprint of 1,650 square feet, which covers 18% of the lot. ➢ If the addition were reduced to 12'x12' (144 square feet), the resulting lot coverage would be 19%. ➢ City Policy Makers will need to determine if an adequate hardship has been presented and that the factors for considering a variance are applicable. 60 DAY AGENCY ACTION DEADLINE: October 14, 2005 ATTACHMENTS (1): Staff report on pagestY:. through LP PLANNING REPORT CITY OF EAGAN REPORT DATE: August 30, 2005 CASE: 30-VA-09-08-05 APPLICANT: Craig Dauffenbach HEARING DATE: September 6, 2005 PROPERTY OWNER: Miriam Parachou APPLICATION DATE: August 15, 2005 REQUEST: Variance PREPARED BY: Sheila Cartney LOCATION: 4326 Amber Drive COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a 1 percent Variance to the 20 percent building coverage for a porch addition, for property located at 4326 Amber Drive in the NE'/4 of Section 30. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. 3 Planning Report - Amber Drive Variance September 6, 2005 Page 2 e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS Section 11.60 Subdivision 5 E Bulk Standards states: building coverage maximum in the R-1 district is limited to a maximum of 20 percent. BACKGROUND/HISTORY The subject property was platted in 1959 as Lot 19, Block 5, Cedar Grove No 2. EXISTING CONDITIONS There is a single family home present with an attached garage. APPLICANT'S ESTIMATE OF HARDSHIP The applicant's narrative did not address a hardship. The narrative did however discuss the enjoyment of the northern sunlight and the scenery. EVALUATION OF REQUEST The subject site is about 9,000 square feet; 3,000 square feet smaller than the required 12,000 square foot lot minimum in an R-1 district. The property was platted in 1959 as part of the Cedar Grove area, which has single family lots typically under 12,000 square feet in area. The existing house is 1,122 square feet and the attached garage is 528 square feet, which is 18% of the lot. The proposed 14'x14' (196 square foot) addition combined with the existing structures results in 1,846 square feet or 46 square feet more than the 20% coverage maximum. If the addition were reduced to 12'x12' (144 square feet) it would result in a lot coverage of 19%. SUMMARY/CONCLUSION City Policy Makers will need to determine if an adequate hardship has been presented and that the factors for considering a variance are applicable. The applicant is requesting a 1 % variance to the maximum allowable building coverage for a porch addition. Section 11.60 Subdivision 5 E Bulk Standards: States building coverage maximum in the R-1 district is limited to a maximum of 20 percent. Planning Report - Amber Drive Variance September 6, 2005 Page 3 The subject site is about 9,000 square feet; the current lot coverage is 18% of the lot. The addition of the proposed porch will result in 21 % building coverage overall. If the porch was altered slightly in size the building coverage would not be exceeded. ACTION TO BE CONSIDERED To approve a 1% Variance to the maximum 20% lot coverage for a porch addition for property located at 4326 Amber Drive; the following conditions apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The house and any accessory buildings shall not exceed 21 percent coverage area. l1~-~ Eagan Bound Right-of-way Location Map ~BurkAreaa 0 Park Area gg y9~ ®ilding Footprint c o 00 8~. @ d r cc o. e 9 ~ 4w ® c 3 @.K ~ ® ® d Orr ® C m g ■ ■ t~ o ! ~w a t' © O a°~•Ie d~ ®~9 a ©a+ m 4 oS ®®..e. e m a m°~ 6 05 lab. •1 t e tl em eP ~ ~ 9 ® m E~~ ° ~ ~ ~ p ° p a 0 ~ 9 f a Eon 4~b l1a t fill O~~®®..• COD ® ® ®o a a t3 ~ ~ ~ ~ m o C7 ~ tmr Subject Site o a a s~ a ~ a ~ m ® e° ° ®3 p ® oa ~ o t, a ,e o ts• ~ ° e o p a Im v 8 m O G D ~ a 3 m 4 B■ 5 O O ■ ® 8 b 4 o o v ® 6 ® 8 0 ® D ca 9 G. - 4t ®OS a F\-~ ISM~ ~ W gag u 6 z d O 0 4P 2 o a ® ps o ® t~ ® ® O . [ ~ 0 t ® Q t7O 9 l 1000 0 1000 2000 Feet Development/Developer. 4326 Amber Drive Application: Variance Case No.: 30-VA-09-08-05 Map Prepared using ERSI Arc View 3.1. Parcel base map data provided N by Dakota County Office of GIS and is current as of April 2005. City of Dian `•C THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S Community Development Department not responsible for errors or omissions. o 20 lye 6"Acr-~ a Oil, 14 Hr~ ! ! vlllr+ r 5 'I ? 5( OL le, Zs. s Ly 44 Z Z jF S 10(p7 RECEIVED AUG 18 2005 rn o m m ~ e 3 y "x ~ e ° 121-5111 08 ®R)" f lb G( y~~ p p 'r° $ ii,1 ~ ~ 'Ya ~g 42 L4 IH lpl ? 'j n 1, H QL) L4 01,11) go y a 9 34 € Y'u ^~'33 13^ ~ Y ~ 1 O M 7, foo a _ ~ -H u f dm ~g qg3 s 'w m g ° p ~ ~ C\ e - O O g g 4 3`~y$ - y~ 3~ '1\"`l+ / N rn V r~ g` Y 7 N M W"§ 3 F If rig G'° ff: 8 .g3 t " WCV Vp zN o~ a N e 0 t~,.all~~~@1fil~iia~J~)~~~.! i~ya~~, ~ V~ •"a l g y ~ . N d RS ~ j O ' ao ~zM~M ~ N ~.r hV C 7 r y T - 7 E1T T E _c, jL_jj LL O IY I G R* I r11 r Ii.1;7J,7 ~ o r L ~ 4' s m - _ r p d 1 ..1 2 t -3 EL. _ y Home Betterment Center 7351 Kirkwood Lane N., Suite 130 Maple Grove, Minnesota 55369 Telephone: 763-780-2000 Facsimile: 763-780-2003 Innovative Solutions in Home Betterment www.homebetterment.com To: City of Eagan Re: 4326 Amber Dr Eagan, MN 55122 I would like a variance to build a Four Seasons Sunroom on the back of my home. I enjoy the northern sunlight. I have a very nice backyard of which I can't use very much due to mobility. The room would be built on the upper level as would not have to go up and down the stairs to enjoy the scenery. My neighbor has a 16' x 16' room on their home with the same size lot. I understand you have a maximum lot coverage of 20%, but we would only be at 21-22%. I already have a concrete slab in my back yard covering the same area. We would only be going vertical. I would appreciate your consideration on this matter. Thank you, Miriam Paraschou RECEIVED AUG 15 2005 Agenda Information Memo September b, 2005, Eagan City Council Meeting VI. OLD BUSINESS A. RESOLUTION APPROVING THE JOINT POWERS AGREEMENT ESTABLISHING THE DAKOTA COMMUNICATIONS CENTER ACTIONS TO BE CONSIDERED: 1. To appoint an elected official to serve on the Board of Directors of the Dakota Communications Center and to appoint an elected official as an alternate to the Board of Directors to attend Board meetings and vote on measures brought before the Board when the Director is absent. 2. To approve the Resolution approving the Joint Powers Agreement establishing the Dakota Communications Center. FACTS: ➢ A study conducted by Dakota County and participating cities, including Eagan, in 2004, recommended that Dakota County construct an 800 MHz public safety radio system to connect to the regional 800 MHz system already in service. ➢ Since that time an 800 MHz design group and policy group consisting of staff and elected officials from Dakota County and Dakota County cities have been working on technical and policy issues associated with the proposed county network. They have been assisted by PSC Alliance, a radio consulting firm under contract to Dakota County. ➢ During the same time, as part of the Dakota County High Performance Partnership (HiPP) process, the issues surrounding a joint PSAP were studied by a technical committee and a policy committee, also assisted by PSC Alliance. ➢ The City Council heard presentations on the status of the projects on March 8, and April 26, 2005. ➢ On May 5, 2005 the HiPP Policy Committee met to consider consolidated PSAP issues. At this meeting the committee unanimously voted to pursue 1 PSAP to serve all Dakota County public safety agencies. The committee also approved a finance and governance plan that would create a joint powers entity to operate the PSAP. 70 ➢ On May 17, 2005 the City of Eagan approved resolutions of intent to participate in the 800 MHz network and joint PSAP. ➢ Since that time the HiPP Joint Dispatch Policy Committee has been working on a draft joint powers agreement to establish the consolidated public safety dispatch center. City Administrator Hedges has served as the City's representative on this committee. ➢ The center will be named the Dakota Communications Center. ➢ The Joint Powers Agreement has been reviewed by the County and City Attorneys. ATTACHMENTS (2): ➢ Enclosed on pages and is a copy of the Resolution Approving the Joint Powers Agreement Establishing the Dakota Communications Center. ➢ Enclosed on pages- through is a copy of the Joint Powers Agreement (excluding signature pages). ~l CITY OF EAGAN RESOLUTION RESOLUTION APPROVING THE JOINT POWERS AGREEMENT ESTABLISHING THE DAKOTA COMMUNICATIONS CENTER WHEREAS, The City of Eagan adopted a resolution on May 17, 2005 authorizing participation in a countywide Joint Dispatch Center to be governed by a joint powers agreement that will give all participants a strong voice in the operations and management of the Center: and WHEREAS, The authorizing resolution directed that the joint powers agreement be presented to the City Council for approval; and WHEREAS, The High Performance Partnership (HiPP) Joint Dispatch Policy Committee has prepared a joint powers agreement between the Cities of Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, South St. Paul, West St. Paul and the County of Dakota establishing the Dakota Communications Center; and WHEREAS, The purpose of the joint powers agreement is to acquire and provide the facilities, infrastructure, hardware, software, services and other items necessary and appropriate for the establishment, operation and maintenance of a joint law enforcement, fire, EMS, and other emergency communications system for the mutual benefit of the Members and the people of Dakota County; and WHEREAS, The joint powers agreement establishes a Board of Directors made up of an elected official from each Member, an Executive Committee made up of the chief administrators of each Member, and an Operations Committee made up of a representative of each law enforcement agency and fire agency of a Member, and the Dakota County Joint EMS Council; and WHEREAS, The Members may also designate an alternate to the Board of Directors, the Executive Committee, and the Operations Committee; and WHEREAS, The HiPP Joint Dispatch Policy Committee recommends that the participating members approve the Joint Powers Agreement and name the officials to serve on the Board of Directors, the Executive Committee, and the Operations Committee. NOW, THEREFORE BE IT RESOLVED, That the City of Eagan hereby approves the Joint Powers Agreement Establishing the Dakota Communication Center, and A BE IT FURTHER RESOLVED, That the City of Eagan hereby names to serve on the Board of Directors and as the alternate; and BE IT FURTHER RESOLVED, That the City of Eagan hereby names the City Administrator to serve on the Executive Committee, and the Police Chief as the alternate; and BE IT FURTHER RESOLVED, That the City of Eagan hereby names the Police Chief to serve on the Operations Committee representing law enforcement, the Fire Chief representing fire, and the Deputy Police Chief and Day Battalion Chief as alternates representing law enforcement and fire, respectively. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: September 6, 2005 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 6`" day of September, 2005. Maria Petersen, Clerk `73 Joint Powers Agreement Establishing the Dakota Communications Center TABLE OF CONTENTS RECITALS 3 PURPOSE 3 TERM 4 POWERS 4 MEMBERSHIP 5 BOARD OF DIRECTORS 6 EXECUTIVE COMMITTEE 8 EXECUTIVE DIRECTOR 10 OPERATIONS COMMITTEE 11 BUDGET 13 AUDIT 15 TERMINATION AND DISSOLUTION 15 WITHDRAWAL OF A MEMBER 16 INSURANCE AND INDEMNIFICATION 17 RESOLUTION OF DISPUTES 18 FORCE MAJEURE 18 MISCELLANEOUS PROVISIONS 18 Page 2 of 33 Dakota Communications Center JPA 7S This Agreement is entered into between the following political subdivisions of the State of Minnesota, by and through their respective governing bodies: City of Apple Valley City of Lakeville City of Burnsville City of Mendota Heights City of Eagan City of Rosemount City of Farmington City of South St. Paul City of Hastings City of West St. Paul City of Inver Grove Heights County of Dakota Individually and collectively, the parties to this Agreement are referred to as the "Members" of the Dakota Communications Center, hereinafter referred to as the "DCC". RECITALS WHEREAS, pursuant to Minnesota Statutes § 471.59, the Members are empowered to provide assistance to, and act in coordination with, other political subdivisions within the state of Minnesota as deemed necessary to benefit the public; and WHEREAS, pursuant to Minnesota Statutes § 465.717, the Members are empowered to incorporate the joint powers entity created by this Agreement as a Minnesota nonprofit corporation if deemed necessary or beneficial to the Members; and WHEREAS, the Members wish to cooperatively engage in the establishment, operation and maintenance of a countywide public safety answering point and communications center for law enforcement, fire, emergency medical services (EMS), and other public safety services for the mutual. benefit of all; and WHEREAS, by creating the DCC the Members intend to provide a level of public safety communications services to Dakota County communities that is commensurate with industry standards; and WHEREAS, each Member represents that it is duly qualified and authorized to enter into this Agreement and will comply with its respective obligations and responsibilities as set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual undertaking and agreements hereinafter set forth, the Members agree as follows: ARTICLE I PURPOSE Through this Agreement and the authority provided by Minnesota Statutes § 471.59 to act cooperatively, the Members hereby create a joint powers entity referred to as the DCC for the following purposes: To acquire and provide the facilities, infrastructure, hardware, software, services and other items necessary and appropriate for the establishment, operation and maintenance of a joint Page 3 of 33 Dakota Communications Center JPA -74 law enforcement, fire, EMS, and other emergency communications system for the mutual benefit of the Members and the people of Dakota County; To provide public safety communications system services to other governmental units that are not Members through a fee for service contract; To define the rights and obligations of the Members with respect to the establishment, operation and maintenance of the DCC; and To provide a forum for discussion, study, development and implementation of recommendations of mutual interest regarding public safety communications, information systems, and statistical matters within Dakota County, Minnesota. ARTICLE II TERM This Agreement shall be effective upon execution by all the parties hereto and shall continue until terminated as provided in Article XI. No parry may withdraw from this Agreement from the date this Agreement is executed by all parties until five (5) years from the initial date of operation of the DCC (the Initial Term).. The Board of Directors shall determine the initial date of operation of the DCC. ARTICLE III POWERS The DCC shall have the following powers in its own name: A. To take actions necessary and convenient to discharge the duty to implement, maintain, and operate a countywide public safety communications center; B. To adopt bylaws and rules or policies consistent with this Agreement that are required to effectively exercise the powers or accomplish the objectives of the DCC; C. To adopt an annual operating and capital budget, including a statement of sources of funding and allocation of costs to the Members of the DCC; D. To enter into contracts in its own name, including contracts to provide public safety communications services to other governmental units who are not Members; E. To acquire, lease, hold and dispose of property, both real and personal, including transfer of property from a Member to the DCC; F. To incur debt obligations that do not exceed ten (10) years, liabilities or other obligations necessary to accomplish its purposes that are consistent with any financial and debt policies established by the Board of Directors, or to arrange with one or more of the Members to incur debt or issue bonds for the benefit of the DCC, as permitted by law; G. To operate and maintain a communications system that will receive calls for law enforcement, fire, and emergency medical services (EMS) services and dispatch field units in response to such calls; Page 4 of 33 Dakota Communications Center JPA H. To hire, discipline or discharge employees required to accomplish the purposes of this Agreement including employing an Executive Director and delegating authority to the Executive Director as determined by the Board of Directors; I. To purchase any insurance or indemnity or surety bonds as necessary to carry out this Agreement and the purposes of the DCC; 3. To seek, apply for and accept appropriations, grants, gifts, loans of money or other assistance as permitted by law from any person or entity, whether public or private; K. To sue; L. To exercise all powers necessary and incidental to carrying out the purposes set forth in Article I of this Agreement; M. To charge fees to Members or other governmental entities for special services or communications system functionality that is not provided to all Members; and N. To incorporate the DCC as a Minnesota nonprofit corporation if approved by a majority of the Board of Directors. ARTICLE IV MEMBERSHIP 4.1 Definition of Members All parties to this Agreement are Members of the DCC. No Member may withdraw from this Agreement during the Initial Term of this Agreement. 4.2 Requirement of Good Standing Continued Membership in the DCC shall be contingent upon the payment by each Member of an annual assessment and any additional fees as determined by the Board of Directors consistent with the financing procedures set forth in Article IX hereunder. 4.3 Addition of New Members Any unit of government within Dakota County that has at least 10,000 residents and maintains a law enforcement agency is eligible for Membership in the DCC. A new Member may be added to the DCC if first approved, by the Board of Directors and if the existing Members and the unit of government seeking membership execute an amendment to this Agreement to add the new Member upon the terms as agreed to by them. Any unit of government that becomes a Member of the DCC after the execution of this Agreement shall be subject to all existing debts and liabilities of the DCC on a proportionate basis to the same extent as all then existing Members. In addition, any new Member shall be solely liable for all costs of adding or modifying hardware, software or services necessary to effectively accommodate the operational needs of the new Member, and of insuring that there is no degradation of existing capability due to the new Member's needs, as determined by the Board of Directors. Each new Member shall pay a proportionate share of the normal, Page 5 of 33 Dakota Communications Center JPA -10 continuing operating expenses of the DCC as well as a proportionate share of any special assessment, as approved from time to time by the Members. An entity seeking to become a Member may be required to and shall pay one-time initiation, assessment or capital investment fees or establish an escrow account for such fees as determined by the Board of Directors. 4.4 Withdrawal of Member Withdrawal of any Member after the Initial Term of this Agreement shall not terminate this Agreement except as provided in Article XI. Withdrawal shall be accomplished as set forth in Article XII of this Agreement. Withdrawal shall not discharge any liability incurred or chargeable to any Member before the effective date of withdrawal. No Member is entitled to a refund of cost-sharing assessments or other fees imposed by the Board of Directors that have been paid to, or is owed to, the DCC on the effective date of withdrawal. ARTICLE V . BOARD OF DIRECTORS 5.1 Membership on the Board There is hereby established a Board of Directors of the DCC which shall consist of an elected official from each Member. These Directors shall serve without salary, but may be reimbursed for expenses incurred in connection with DCC business as determined by the Board of Directors. Each Member shall designate one named elected official as a Director consistent with the term and procedures set forth in the Bylaws adopted by the Board of Directors. Each Member may also designate one named elected official as an Alternate Director to attend Board meetings and vote on measures brought before the Board when a Director is absent, consistent with the procedures set forth in the Bylaws. If any Director or Alternate Director ceases to be an elected official of a Member during his or her term, such seat shall be vacant until a successor elected official is appointed by such Member. 5.2 Powers of the Board The Board of Directors shall have the following powers and duties: a. provide policy leadership and approve the general policies of the DCC relating to budget, finance, and legal matters; b. contract with a Member or third party for auditing, financial, human resources, legal and other services as needed for the DCC; c. adopt Board Bylaws and amend the Bylaws from time to time as it deems necessary; d. approve changes to the membership of the DCC; e. approve contracting and purchasing policies for the DCC; f. approve the annual operating and capital budget, cost allocation formula, Member fees and assessments of the DCC; g. hire, discipline, terminate and set the compensation for the Executive Director; and h. incur debt and approve financial obligations of the DCC that are significant in amount and non-recurring. Board approval is not required for payment of monthly budgeted expenditures and employee salaries and benefits. Page 6 of 33 Dakota Communications Center JPA ~9 i. incorporate the DCC as a Minnesota nonprofit corporation as permitted by Minnesota Statutes § 465.717, subdivision 2, if approved by a majority of Members at a meeting of the Board of Directors. 5.3 Voting by Directors Each Member of the DCC shall have one seat on the Board of Directors and is entitled to one vote. The Directors' votes shall be non-weighted (all votes having the same weight) when voting on matters coming before the Board, except as provided below. The Directors' votes shall be weighted when the Board is exercising its powers under Section 5.2 (f) and (h) of this Agreement. The comparative weight of each Director's vote on those matters is determined by the proportionate share of the DCC annual operating and capital budget for that calendar year that is the responsibility of the Member casting that vote. The Board of Directors shall arrange for or contract with one or more of its Members or an independent contractor to provide personnel/human resource, accounting and finance, procurement/contracting, payroll administration and legal services for the DCC. The DCC shall not create its own personnel/human resource, accounting and finance, procurement/contracting, payroll administration or legal departments unless approved by a four-fifths (4/5) majority of the Board of Directors by non-weighted votes. After the first full year that the DCC is in operation, the Board of Directors may amend the cost allocation formula and associated definitions by a 2/3 majority of the weighted vote total of those Members present and voting at a properly noticed Board of Directors meeting. In case of a tie vote, the Chair of the Board of Directors shall cast a second and deciding vote. No proxy votes or absentee voting shall be permitted except as provided in this Agreement or in the Bylaws of the Board. 5.4 Board Meetings a. The Board of Directors shall have regular meetings at least twice each calendar year at a date, time and location included in the meeting notices. The Board may schedule more regular meetings as it deems appropriate or as established by the Bylaws adopted by the Board. At least 30 days prior notice shall be provided to each Member, Director and Alternate Director of the date, time and location of such regular meetings. b. A special meeting of the Board of Directors may be called by its Chair, or by any four Directors of the Board consistent with the procedures set forth in the Bylaws. 5.5 Officers of the Board of Directors a. Officers of the Board of Directors shall consist of a Chair and Vice Chair. The Chair and Vice Chair shall be elected from among the Directors of the DCC. The officers shall hold office for the terms and under the conditions set forth in the Bylaws adopted by the Board of Directors. b. Chair: The Chair of the Board shall Conduct meetings of the Board of Directors, sign, with the Executive Director, any instrument which the Board of Directors has authorized to be executed, or as authorized by the Bylaws or approved DCC procedural rules of Page 7 of 33 Dakota Communications Center JPA gb operation, and perform all duties incident to the office of Chair and such other duties as may be prescribed by the Board of Directors from time to time, provided that such actions are consistent with this Agreement and the Bylaws. c. Vice Chair: In the event of the absence of the Chair, or in the event of the inability or refusal of the Chair to act, the Vice Chair of the Board shall perform the duties of Chair. 5.6 Secretary of the Board of Directors: The Executive Director of the DCC shall serve in the administrative role of Secretary to the Board and shall keep the minutes of the meetings of the Board of Directors, see that all notices are duly provided and/or published in accordance with the provisions of this Agreement and the Bylaws adopted by the Board of Directors or as otherwise required by law, act as custodian of the business records of the DCC, and perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned by the Board of Directors. A high-level outline of the governing organizational structure of the DCC is graphically represented in Attachment A. ARTICLE VI EXECUTIVE COMMITTEE 6.1 Membership on the Executive Committee There is hereby established an Executive Committee of the DCC, the members of which shall serve without salary and shall oversee the operations and functions of the DCC as set forth in this Article and the Bylaws of the Committee. The Executive Committee shall consist of the chief administrators of each Member. Each Member shall have one seat on the Executive Committee. Each Member may also designate a second employee or staff person as an alternate representative to attend Committee meetings and vote, on behalf of such Member, on matters brought before the Committee when a representative is absent, consistent with the procedures set forth in the Bylaws. Each representative and alternate representative shall serve without salary, but each may be reimbursed for necessary expenses incurred in connection with the DCC business, as determined by the Board of Directors. If,any Committee representative ceases to be the chief administrator of a Member, such seat may be occupied by the alternate representative until a successor chief administrator or interim chief administrator is appointed by such Member. 6.2 Purpose and Powers of the Committee The Executive Committee shall have the following powers and duties: a. provide direction and oversight of the operations of the DCC, subject to the policy direction established by the Board of Directors, and within the limits fixed by the operating and capital budgets, provided that no financial obligation exceeding the amount of the approved budget shall be incurred by the Executive Committee without the prior consent of the Board of Directors; b. carry out the policy decisions of the Board of Directors and make recommendations to the Board of Directors.; Page 8 of 33 Dakota Communications Center JPA 91 C. adopt Committee Bylaws and amend the Bylaws from time to time as it deems necessary; d. review all administrative decisions concerning personnel, development efforts, operations, cost sharing, expenditure approval, utilization of personnel and equipment, and operational decisions made by the Executive Director as deemed necessary by the Committee; e. assist the Board of Directors in the recruitment of candidates for the position of Executive Director and the review of candidate qualifications and provide recommendations to the Board of Directors on the hiring, termination and review of the performance of the Executive Director; f. conduct an annual evaluation of the Executive Director's performance and present its findings and recommendations to the Board of Directors before the date the Board approves the annual operating and capital budgets; g. establish and assign tasks to advisory subcommittees as the Committee deems necessary; h. make recommendations to the Board of Directors on changes to the membership of the DCC; i. Review, modify and approve to the proposed annual operating and capital budgets prepared by the Executive Director prior to submittal to the Board of Directors. 6.3 Voting by Committee Members Each Member is entitled to one vote at committee meetings and each vote shall be non- weighted (each vote having equal weight). In the case of a tie, the Chair of the Executive Committee shall cast a second and deciding vote. Only the chief administrator, or the designated alternate representative of a Member in the absence of the chief administrator, shall vote on matters coming before the Executive Committee. No proxy votes or absentee voting shall be permitted except as provided in this Agreement or in the Bylaws of the Committee. 6.4 Meetings a. Regular meetings of the Executive Committee shall be held as needed, but at least quarterly. At least 15 days prior notice shall be provided to each committee member of the date, time and location of such meetings. b. Special meetings of the Executive Committee may be called by its Chair, or any four members of the Executive Committee acting in concert, consistent with the procedures set forth in the Bylaws or operating procedures adopted by the Committee. 6.5 Officers of the Executive Committee Officers of the Executive Committee shall consist of a Chair and a Vice Chair. The Chair and Vice Chair shall be elected from among the representatives of the Members serving on the Executive Committee. The officers shall hold office for the terms and under the conditions set forth in the Bylaws adopted by the Executive Committee. a. Chair. The Chair shall conduct meetings of the Executive Committee and shall serve as the liaison between the Board of Directors and the Executive Committee. The Chair may Page 9 of 33 Dakota Communications Center JPA SD) sign, with the Executive Director, any instruments which the Executive Committee, acting as a Committee, has authorized to be executed or as authorized by the DCC procedural rules of operation. The Chair shall also perform all duties incident to the office of Chair and such other duties as may be prescribed by the Executive Committee from time to time, provided that such actions are consistent with this Agreement and the Bylaws. b. Vice Chair. In the absence of the Chair or in the event of the Chair's inability or refusal to act, the Vice Chair shall perform the duties of Chair. The Vice Chair shall perform such other duties as may be requested by the Chair. ARTICLE VII EXECUTIVE DIRECTOR 7.1, Appointment and Vacancy a. The DCC shall have a chief operating officer of the title Executive Director. The Executive Director shall be the administrative head of the DCC and shall report to the Executive Committee for the administration and operation of the DCC. The Executive Director shall be an employee of the DCC. b. The Executive Director shall have appropriate administrative and executive qualifications for the position and shall have actual experience in and knowledge of accepted practices for a public safety communications system. c. Any vacancy in the office of Executive Director shall be filled as soon as possible after the effective date of such vacancy. In the case of absence or disability of the Executive Director, the Board of Directors may designate any other qualified person to carry out the duties of the Executive Director during such absence or disability. 7.2 Powers And Duties The responsibilities and duties of the Executive Director shall include the following: a. To attend meetings of the Board of Directors, the Executive Committee and the Operations Committee; (1) The Executive Director shall have the right to take part in the discussion of all matters coming before the Board of Directors, the Executive Committee and the Operations Committee but shall have no vote thereon; (2) The Executive Director shall be entitled to and be given notice of all meetings, regular and special, of the Board of Directors, the Executive Committee and the Operations Committee; (3) When the Executive Director is unable to attend a meeting, the Executive Director may appoint a DCC staff member to attend. b. To appoint, evaluate, promote, demote or remove employees of the DCC pursuant to the approved DCC budget and in accord with the policies and procedures of the DCC; Page 10 of 33 Dakota Communications Center JPA 93 c. To recommend to the Executive Committee for adoption such policies and procedures as may be deemed necessary or expedient for the efficient operation of the DCC: d. To direct and oversee the day-to-day operations of the DCC and its employees and to expend operating and capital budgets consistent with the policies and direction of the Board of Directors; e. To enforce, administer, and implement the policies of the DCC as established by the Board of Directors and Executive Committee; f. To prepare a quarterly report of the DCC activities and provide copies to the Board of Directors and the Executive Committee; g. To prepare a proposed annual operating and capital budget as well as a report of estimated revenues in order to determine the estimated funds necessary to defray the expenses of the DCC for each fiscal year and to present the proposed operating and capital budget to the Executive Committee in the manner set forth under Article IX herein; h. To serve as a staff resource to the Executive Committee and the Operations Committee and coordinate the activities of the respective committees as required; i. To serve as a Member of regional committees, organizations and forums related to public safety communications and represent the collective interests of the DCC and its Members as required; j. To communicate regularly with the Members and other agencies utilizing the DCC communication services about operational, policy and training issues; k. To keep minutes of the meetings of the Board of Directors, Executive Committee, and Operations Committee and see that all notices of the Board and Committee are duly provided and/or published in accordance with the provisions of this Agreement and the Bylaws adopted by the Board, Executive Committee and Operations Committee or as otherwise required by law; 1. To act as custodian of the business records of the DCC; and m. To perform such other duties as may be delegated from time to time by the Board of Directors or by the Executive Committee. ARTICLE VIII OPERATIONS COMMITTEE 8.1 Membership on the Operations Committee Each law enforcement agency and fire agency of a Member of the DCC and the Dakota County Joint EMS Council shall have one seat on the Operations Committee. Each law enforcement agency, fire agency and the Dakota County EMS Council shall designate a primary member and an alternate member to the Committee. Each law enforcement agency and fire agency of a community that is served by the DCC but is not a Member of the DCC- may participate in the Operations Committee as a non-voting, ad-hoc member. The Executive Director shall provide staff support to the Operations Committee and its subcommittees and shall provide information and guidance to the Committee and subcommittees as needed. Page ll of 33 Dakota Communications Center JPA 8.2 Purpose and Powers of the Committee There is hereby established an Operations Committee of the DCC. The Operations Committee may establish and abolish advisory subcommittees, as it deems necessary. Initially, the Committee will have two subcommittees - the Law Enforcement Subcommittee and the Fire/EMS Subcommittee. The Members of the Operations Committee and its subcommittees shall serve without compensation and shall be available to the DCC Executive Director and Executive Committee to assist in the coordination of: • Unified radio procedures; • DCC procedural changes that affect one or more Members of the DCC; • Field training and back up exercises; • DCC and Members' records management functions; • The orderly transmittal of inquiries regarding the handling of specific matters by the DCC. • Obtaining and preparing recommendations concerning operational input from the Executive Director of the DCC and the Members' public safety departments The Operations Committee shall have the following powers and duties: a. Be the personal contact at each Member's law enforcement or fire/EMS department for the Executive Director for daily procedural and operational issues; b. Provide liaison to the DCC Executive Director in the coordination and preparation of unified procedures and policies; c. Be a resource for the Executive Committee in researching special topics of interest; d. Forward comments and inquiries on the operation of the DCC from their respective agencies to the Executive Director after initial local review and screening; f. Coordinate field training and back-up exercises; g. Perform any other duties as required by the Executive Committee. 8.3 Voting by Committee Members It is expected that decisions and recommendations of the Operations Committee shall be made by consensus, but where consensus does not exist, the following procedure shall apply: a. Each Member of the DCC shall have a maximum of two votes on the Operations Committee - one from the law enforcement agency and one from the fire agency of that Member. A Member that operates a joint law enforcement or fire agency with another Member shall continue to have a voting seat on the Operations Committee for each joint agency. A Member that has only a law enforcement agency or fire agency is entitled to one vote. The Dakota County EMS Council shall have one vote on the Operations Committee. Votes shall be cast by the representative of each agency (or by his/her designated alternate, if such representative is absent) as the official representative to the Operations Committee. b. No proxy votes or absentee voting shall be permitted except as otherwise provided in the Bylaws of the Executive Committee. Page 12 of 33 Dakota Communications Center JPA c. Membership and voting on subcommittees established by the Operations Committee shall be as required by the Bylaws of the Committee or the resolution of the Committee that establishes the subcommittee. Each Member that maintains a law enforcement agency individually or jointly with another Member shall have one representative and one vote on the Law Enforcement Subcommittee. Each Member that maintains a fire agency individually or jointly with another Member shall have one representative and one vote on the fire agency Subcommittee. 8.4 Meetings and Actions The Operations Committee shall meet at least six times each year and may schedule additional meetings as deemed necessary and appropriate by the Membership. The meetings will be conducted in compliance with any direction provided to the Committee by the Executive Committee, subject to the policies established by the Board of Directors and the Executive Committee. Except as otherwise stated in the Bylaws, no action of the Operations Committee or its subcommittees shall be in effect until approved or ratified by the Executive Committee or, if deemed necessary by the Executive Committee, until approved or ratified by the Board of Directors. Any law enforcement, fire or EMS agency that receives dispatch services from the DCC may appear before the Operations Committee or its subcommittees to discuss concerns, complaints or other operational issues concerning the DCC. If the agency is not satisfied with the action or lack of action taken by the Operations Committee, that agency may appear before the Executive Committee to discuss the actions or policies of concern. Prior to appearing before the Executive Committee, the agency shall meet and confer with the Executive Director about the issues to be discussed with the Executive Committee. ARTICLE IX BUDGET 9.1 Recommended Annual Budget The Executive Director shall prepare a proposed annual operating and capital budget for the Executive Committee no later than May 1st of each year to allow the Executive Committee members to consult with their respective governing bodies and prepare a recommended annual operating and capital budget for consideration by the Board of Directors. An annual operating and capital budget shall be adopted by the Board of Directors at a regular meeting before September 1~ each year. If the Board fails to adopt a budget by September 1't, the budget from the current year shall be deemed approved for the next year. This requirement to adopt a budget at a regular meeting of the Board by September 1' does not apply to the calendar year in which this Agreement is first executed. 9.2 Distribution of Recommended Budget No later than May 1st, copies of the proposed operating and capital budget as recommended by the Executive Director shall be delivered to each Executive Committee Member. 9.3. Review by Executive Committee Not later than August 1st of each year, the Executive Committee shall review the annual operating and capital budget as proposed by the Executive Director and make such Page 13 of 33 Dakota Communications Center JPA ~4 modifications, as it deems proper. Following approval by the Executive Committee, the proposed operating and capital budget shall be submitted to the Board of Directors for final approval. 9.4 Allocation of Costs to Members The cost of the operations and maintenance, and capital projects of the DCC will be shared by the Members. At the time of approval of the annual operating and capital budget, the Board of Directors shall fix the cost-sharing charges for all Members and any other participants in the DCC in amounts sufficient to provide the funds required by the approved annual operating and capital budget for the following year. Each Member shall take all required actions to authorize the funds necessary to meet its obligations under the approved annual operating and capital budget. From the effective date of this Agreement as defined in Article II until the completion of the first full calendar year that the DCC is in operation, the allocation of annual operating and capital budget costs to Members shall be based upon the Cost Allocation Model contained in Table 1 of Attachment B, which is incorporated into and made a part of this Agreement. When the Board adopts an operating budget and cost allocation for 2006, it shall also adopt a budget and cost allocation for 2005 to cover the expenses the DCC has incurred or will incur for the period from the effective date of this Agreement to December 31, 2005. After the first full calendar year that the DCC is in operation, the allocation of annual operating and capital budget costs to Members shall be based on the percentage of the total number of events processed by the DCC in the previous twelve months that are attributable to that Member. An event is defined as a computer aided dispatching system (CAD) event (transaction as logged), a 911 telephone call processed, a ten-digit telephone call for service processed, and, when the DCC is able to capture this information, the number of data system inquiries processed by DCC employees. The calculation of the annual operating and capital cost allocation after commencing operations will be based on the formula in Attachment B, Table 3, which is incorporated into and made a part of this Agreement. During the first five (5) years that the DCC is in operation, the County of Dakota will provide a cash subsidy toward the operational budget in the amount of $62,500.00 per month based upon the Allocation of County Subsidy contained in Table 2 of Attachment B. The amount of the County of Dakota subsidy for twelve months of DCC operation will be $750,000.00. The County of Dakota is not obligated to provide an operational budget subsidy after the initial five (5) years of DCC operations. 9.5 Billing and Delinquent Payments Invoices for the cost-sharing charges shall be provided to Members monthly. Any Member whose charges have not been paid within thirty (30) days after billing shall be assessed interest on the delinquent payment(s) at a rate determined by the Board of Directors, not to exceed the maximum authorized by law at the time the payment becomes delinquent. The Directors and representatives of a Member that is delinquent on such payment shall not be entitled to vote on any matters coming before the Board of Directors or the Executive Committee until all delinquent payments and interest have been paid. Page 14 of 33 Dakota Communications Center JPA 87 9.6 Expenditure of the Annual Budget. The Board of Directors and/or the Executive Committee may establish procedures and limitations as may be necessary to preserve the integrity and purpose of the approved operating and capital budget. After adoption of the annual operating and capital budget by the Board of Directors, the Executive Director and the Executive Committee shall make all expenditures in accordance with such budget. Purchases and/or letting contracts shall be done in accordance with procedural guidelines established by resolution of the Board of Directors, consistent with Minnesota law. The Executive Director shall have the power to transfer funds within the total annual operating budget in order to meet unanticipated needs or changed situations. The Executive Director shall not transfer funds within the total annual capital budget or between the operating budget and capital budget. The Executive Director shall report any transfer of funds within the annual operating budget to the Board of Directors and the Executive Committee in the Director's next quarterly report. 9.7 Credit or Payment to Members for Services The Board of Directors may approve contract payments or cost-allocation credits to any Member that provides services, resources or property to the DCC. ARTICLE X AUDIT The Board of Directors shall call for an annual audit of the financial affairs of the DCC, to be performed by an independent Certified Public Accountant retained by the Board in accordance with generally accepted auditing principles. A copy of the annual audit report shall be provided to each Member. ARTICLE XI TERMINATION AND DISSOLUTION 11.1 Termination. This Agreement shall terminate upon the occurrence of any one of the following events: a. When 4/5t'S of the Members agree by non-weighted voting, pursuant to a resolution of their governing bodies, to terminate the Agreement. b. When necessitated by operation of law or as a result of a decision by a court of competent jurisdiction. 11.2 Effect of Termination. Upon the occurrence of one or more of the events in Section 11.1, the DCC shall be terminated and dissolved in accord with the provisions hereof. a. Termination shall not discharge any liability incurred by the Board or by the Members during the term of this Agreement. Page 15 of 33 Dakota Communications Center JPA 06, O(Z b. Each Member shall be liable for its own acts and for the acts of the Board to the extent provided by law and this Agreement. c. Property that is owned by the DCC at the time of termination, including any surplus money, shall be divided among the units of government that are Members of the DCC at the time of termination, in proportion to their average respective regular and special assessment payments toward the operating and capital budgets for the preceding three (3) fiscal years. If liabilities exceed all assets, the difference shall be made up by contributions from all Members on a proportionate basis according to the then prevailing annual budget assessment formula. d. The Board shall approve a final report of its activities and affairs prior to dissolution of the DCC. e. Upon such termination and dissolution, and after payment of all debts, all files and documentation shall be distributed to the Member community that has jurisdiction of the subject matter of the file or documentation without charge or offset. Records of the DCC shall be retained by the County of Dakota consistent with its current document retention schedules. f. Equipment and property that is owned by an individual Member or Members that is being used by the DCC at the time of termination shall be returned to the owner(s) upon termination and dissolution of the DCC. ARTICLE XII WITHDRAWAL OF A MEMBER At any time after the Initial Term of this Agreement, any Member may withdraw from the DCC subject to the provisions of this Article. a. Such withdrawing Member shall give written notice before July 1't of any year and at least 18 months prior to the intended date of withdrawal, in the form of a certified copy of a resolution passed by its governing body, a copy of which must be mailed or delivered to the Executive Director of the DCC and the Chairs of the Executive Committee and Board of Directors. b. Sixty (60) days notice provided by the Executive Director or the Board of Directors to any Member of its nonpayment of cost allocation fees as set forth herein, and/or the refusal or declination of any Member to be bound by any obligation of the DCC, shall also constitute notice of withdrawal of such Member, and if the Member fails to cure nonpayment or refuses to comply with an obligation within the Sixty days (60), withdrawal of that Member from the DCC shall become effective on the Sixty First day after mailing of said notice. The Force Majeure provisions of Article XV apply to a non- payment of charges and fees and the refusal or declination of a Member to act. c. Withdrawal of a Member shall also constitute withdrawal of its representatives to the Board of Directors, the Executive Committee and the Operations Committee and subcommittees. d. The withdrawing Member shall forfeit any and all interest, right and title to DCC property and assets of any type whatsoever. Page 16 of 33 Dakota Communications Center JPA g4 e. The withdrawing Member shall be liable for all costs incurred by the DCC as a result of the Member's separation and withdrawal. This may include, but is not necessarily limited to, legal fees, court costs and interest-on late payment of obligations. f. The withdrawing Member shall continue to be responsible for: 1. One hundred (100%) percent of that Member's pro rata share of the operating costs of the DCC that are incurred up to the date of withdrawal, and One hundred (100%) percent of that Member's pro rata share of any capital debts, liabilities or obligations of the DCC that were incurred prior to the date of providing notice of intent to withdraw and are due and payable before the effective date of withdrawal. 2. For any contractual obligations it has separately entered into with the DCC. ARTICLE XIII INSURANCE AND INDEMNIFICATION 13.1 Insurance and Limitations on Liability The DCC shall purchase insurance for the operation, equipment and facilities of the DCC and workers compensation insurance for DCC employees, as the Board of Directors or Executive Committee deems necessary. Such insurance shall name each Member as an additional insured, and may name other entities that purchase communications services from the DCC as additional insureds if deemed appropriate. By purchasing insurance the Members do not intend to waive, and shall not be interpreted to constitute a waiver by any Member of limitations on liability or immunities provided by any applicable Minnesota law, including Minnesota Statutes, Chapter 466. If the DCC incurs a legal liability that is not covered by insurance, is within its statutory liability limitations and to which no liability exemption or immunity applies, that liability shall be paid by contributions from all Members on a proportionate basis according to the then prevailing annual operating budget assessment formula. If the Board of Directors incorporates the DCC as a nonprofit corporation, the Members shall collectively be responsible for any liability not covered by insurance only to the extent required by law. 13.2 Third Party Action Against a Member Each Member that is subject to a claim of any nature commenced by a person or entity that is not a Member of the DCC, which arises as a consequence of the acts or omissions of such Member's personnel in responding to, or providing emergency services pursuant to a dispatch by the DCC shall, at such Member's sole expense, indemnify and save free and harmless any other Member, and its officers, employees and agents from any cost, expense, attorney fees, judgment or liability of any nature when any other Member is subject to the same claim solely as a consequence of such other Member being a Member of the DCC. 13.3 Third Party Action Against the DCC In the event the DCC and/or its Directors, officers, employees and agents are subject to a claim of any nature which arises as a consequence of the acts or omissions of Member's personnel in responding to or providing emergency services pursuant to a dispatch by the DCC, such Page 17 of 33 Dakota Communications Center JPA Member shall at its sole expense, indemnify and save free and harmless from any cost, expense, attorney fees, judgments or liability of any nature the DCC and/or its officers, Directors employees and agents unless it is determined that the officers, Directors, employees and/or agents of the DCC acted in a negligent or intentionally wrongful manner in connection with dispatching the personnel of the Member. 13.4 Member Action Against the DCC In the event that any Member should file suit or an action against the DCC, all representatives of that Member shall be prohibited from attending any meetings or discussions or having access to the results of such meetings related to the defense of the suit or action. The Member's representatives shall have no direct access to any written communication concerning the matter except by legal process, and no representative of the Member shall be allowed to vote on any issue related to the suit or action. ARTICLE XIV RESOLUTION OF DISPUTES The Members agree to engage in good faith efforts to resolve any disputes that arise over the establishment, operation or maintenance of the DCC. Members that have concerns about the operations of the DCC may appear at meetings of the Operations Committee, Executive Committee and Board of Directors to discuss issues of concern. ARTICLE XV FORCE MAJEURE A Member shall not be liable to the DCC or another Member for the failure to perform an obligation under this Agreement due to unforeseeable acts or events outside the defaulting party's reasonable control, providing the defaulting Member gives notice to the Board of Directors and Executive Committee as soon as possible. Acts and events may include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural disasters. ARTICLE XVI MISCELLANEOUS PROVISIONS 16.1 Entire Agreement. This Agreement shall supersede all prior oral or written statements, agreements and understandings between or among the parties hereto with respect to the establishment and operation of a county-wide public safety communications center. 16.2 Attorneys'Fees In the event of litigation relating to the Agreement, the prevailing party (e.g. the party whose position is substantially upheld) shall be entitled to recover from the losing party any costs or reasonable attorney's fees incurred by the prevailing party in connection with such litigation. 16.3 Severabiiity. If any provision of this Agreement shall be held to be invalid by a court of competent jurisdiction, the remaining terms of this Agreement to the extent not Page 18 of 33 Dakota Communications Center JPA qJ inconsistent with any such holding, shall not be affected thereby if such remaining terms would then continue to conform with the requirements of applicable laws. 16.4 Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall be deemed to constitute one and the same agreement. 16.5 Waiver. Any right or remedy that a party may have under this Agreement may be waived in writing by such party without the execution of a new or supplementary agreement, but any such waiver shall not affect the future exercise of the rights of such party hereunder (to the extent not previously waived in writing) or any other rights of the parties not specifically waived. No waiver of any right or remedy by any party at any one time shall be deemed to be a waiver of any such right or remedy in the future. 16.6 Amendments, Modifications This Agreement may be amended or modified only by a written document, duly executed by all parties that are Members of the DCC on the date the amendment is executed. 16.7 Section Headings The descriptive headings of the articles, sections and subsections of this Agreement are for convenience only and shall not affect the meaning or construction of any of the provisions hereof. 16.8 Governing Law. The respective rights, obligations and remedies of the parties under this Agreement and the interpretation thereof shall be governed by the laws of the State of Minnesota which pertain to agreements made and to be performed in the State of Minnesota. 16.9 Binding Effect This Agreement shall be binding upon and shall inure to the benefit of the parties hereto. 16.10 Further Assurances Each party hereto shall from time to time execute, acknowledge and deliver such further instruments and perform such additional acts at no cost to such party as the other party may reasonably request to further effectuate or confirm the intent of this Agreement. 16.11 Good Faith. In exercising its rights and fulfilling its obligations hereunder, each party shall act in good faith. Each party acknowledges that this Agreement contemplates cooperation between and among the parties. Page 19 of 33 Dakota Communications Center JPA 90~ O O ~ o Q c v co oax o y U W rz E E c 13 n E ° a. 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ACTIONS TO BE CONSIDERED: • To approve the preliminary payable 2006 property tax levy as follows: General Revenue levy: General Fund $18,225,400 Major Street Construction Fund 1,188,392 Equipment Revolving Fund 862,324 General Facilities Renew/Replace Fund 127,629 Market Value Homestead Credit 1,153,562 Subtotal - General Revenue levy 21,557,307 Community Center bonds debt service 1,202,093 Cedarvale Special Services District 3,000 Total levy $ 22,762,400 • To approve the preliminary General Fund expenditure budget, including contingency, of $24,017,500. • To set the initial Truth-in-Taxation hearing date for Monday, December 5, with a continuation hearing date (if necessary) of Monday, December 12. FACTS: • The City Council is required by law to certify the proposed payable 2006 property tax levy on or before September 15, 2005. The levy can be subsequently decreased, but not increased. • The City Council reviewed the proposed budget and levy at a special meeting on August 23. With the exception of the Cedarvale Special Services District levy, the amount of which was intentionally left open in the August 23 meeting, the figures above are the same figures presented at that special meeting. • The Cedarvale Special Services District levy is recommended at $3,000 for 2006, compared to $2,000 in each of the prior three years. While District expenditures are expected to increase due to current and pending changes/improvements in the area, there is sufficient fund balance in the Special Services District fund to cover any 2006 shortfall. In the coming year, a more comprehensive analysis and discussion of service levels will take place between the City and the property owners to establish the appropriate level for the 2007 levy. • One minor adjustment has been made to the 2006 General Fund budget to correct a $6,000 inadvertent omission in the Tuition Reimbursement line item in the Parks & Recreation Department. The contingency account was adjusted downward by the same amount; thus, the total General Fund budget remains unchanged from the August 23 presentation. Agenda Memo September 6, 2005 Eagan City Council Meeting • The County will use the certification information to mail Truth-in-Taxation notices in late- November. • Both the budget and levy will be reviewed again prior to final adoption in December. • Truth-in-Taxation hearing dates were reviewed at the August 23 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 5 at the beginning of the year in anticipation of Truth-in-Taxation. ATTACHMENTS: r, • The preliminary 2006 General Fund expenditures budget summary is enclosed on page `'L 1 ~1 2006 GENERAL FUND BUDGET COMPARATIVE SUMMARY OF EXPENDITURES 2002 2004 2005 2006 Difference06 vs.05 Actual Actual Budget Budget Amt % GENL GOVERNMENT Proposed 01 Mayor & Council $ 117,257 $ 108,380 $ 118,600 $ 124,900 $ 6,300 5.3% 02 Administration 627,147 705,324 450,400 497,600 47,200 10.5% 03 Information Technologies 954,583 907,676 967,600 1,060,500 92,900 9.6% 04 City Clerk 203,025 304,334 231,200 294,900 63,700 27.6% 05 Finance 774,573 767,947 865,000 899,300 34,300 4.0% 06 Legal 353,032 387,499 434,000 400,700 (33,300) -7.7% 07 Comm Dev-Planning/ED 600,284 675,317 767,400 813,700 46,300 6.0% 08 Comm Dev--Inspections 835,129 852,828 947,100 998,800 51,700 5.5% 09 Communications 388,988 369,985 437,700 394,600 (43,100) -9.8% 10 Human Resources With Admin With Admin 208,800 240,500 31,700 15.2% Gen Govt Total 4,854,018 5,079,290 59427,800 5,725,500 297,700 5.5% PUBLIC SAFETY 11 Police 8,337,148 7,735,803 89781,700 9,338,700 557,000 6.3% 12 Fire 996,845 1,025,744 1,198,700 1,217,900 19,200 1.6% Public Safety Total 9,333,993 8,761,547 9,980,400 10,556,600 576,200 5.8% PUBLIC WORKS 21 Public Works/Engineering 1,174,957 1,108,635 1,314,900 1,316,000 1,100 0.1% 22 Streets 1,282,469 1,352,191 1,452,800 1,453,800 1,000 0.1% 24 Central Svces. Maint. 442,683 440,602 458,500 486,100 27,600 6.0% Public Works Total 2,900,109 2,901,428 3,226,200 3,255,900 29,700 0.9% PARKS & RECREATION 31 Parks & Recreation 39023,997 3,053,375 3,345,100 3,422,500 77,400 2.3% 32 Tree Conservation 318,014 321,180 377,200 408,000 30,800 8.2% Parks & Rec Total 3,342,011 3,374,555 3,722,300 3,830,500 108,200 2.9% GENL GOVT BLDG MAINT 33 Building Maintenance 569,598 583,443 553,700 615,000 61,300 11.1% Total Expenditures- General Fund $ 20,999,729 $ 20,700,263 22,910,400 23,983,500 1,073,100 4.7% 41 Contingency-undesignated 40,000 34,000 (6,000) -15.0% Total Expenditures + Contingency $ 22.950.400 $ 24.017.500 $ 1.067.100 4.6% 97 Agenda Information Memo September 6, 2005, Eagan City Council Meeting B. ORDINANCE AMENDMENT - CHAPTER 2, ADMINISTRATION AND GENERAL GOVERNMENT, REGARDING THE SALE OF PUBLIC PROPERTY ACTION TO BE CONSIDERED: To adopt an ordinance amendment to Chapter 2, Administration and General Government. FACTS: ➢ The current City Ordinance regulating the sale of surplus property (property purchased and owned by the City which is no longer needed) states that the City Administrator may authorize the negotiated sale of surplus property less than $100 in value. Any property valued over $100 must be offered for public sale. ➢ The Utilities Department has requested to sell a piece of equipment that is no longer needed. This equipment has a value greater than $100. Staff has determined that the most beneficial method for disposal of this equipment would be a negotiated private sale. An ordinance amendment is necessary to allow this to occur given the value of the equipment. Aside from this particular sale of property, there are occasions when more flexibility in the sale of surplus property would be beneficial to the City vs. selling the property via a public sale. ➢ The attached ordinance amendment adds language providing for additional options regarding the sale of unclaimed and abandoned property (property that is typically in the care and custody of the Police Department). This language incorporates the language contained in State Statutes. ➢ With regard to surplus property, State Statutes give broad discretion to cities with regard to its disposition. Staff is developing a City policy that will outline options for the disposition of surplus property and will redefine the value of those items requiring public sale vs. negotiated sale. The policy will be scheduled for Council action in the near future. ➢ Guidelines continue to be in place requiring Council action to declare property as surplus prior to its disposition unless replacement of the item was requested in the budget as approved by Council. ATTACHMENTS (1): / ➢ Draft ordinance amendment enclosed on pages, Y 7 through t6 6~ 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 2.70 REGARDING DISPOSAL OF PROPERTY AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 and 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 2.70, Subd. 2(C) to read as follows: Subd. 2. Disposal of unclaimed/abandoned property. C. Notice and disposal of tangible property. Except as provided otherwise for certain other tangible property, upon adoption of a resolution declaring tangible property to be abandoned property, the city administrator shall publish a notice thereof describing the same, together with the names, if known, and addresses, if known, of prior owners and holders thereof and including a brief description of such property. The text of such notice shall also state the time, place and manner of sale of all such property, except cash and negotiables. Such notice shall be published once at least thfee weeks 10 days prior to sale. Sale shall be made to the highest bidder at public auction or public sale., or by a private sale through a non-profit organization that has a significant mission of community service as determined eend ete i manner- air°by the council in its resolution declaring property abandoned and stated in the notice. Notwithstanding the foregoing provisions of the Subparagraph, firearms, narcotics or other drugs, drug paraphernalia, any weapon constituting a dangerous weapon under the City Code, or other contraband that is declared to be unclaimed and abandoned property and continued possession by the city is not necessary for any criminal prosecution proceedings or purposes may be destroyed, or kept by the city for official police use, or given to the Minnesota Bureau of Criminal Apprehension for its ballistic testing database, as determined by city council, in lieu of disposal by sale as provided herein, provided the city administrator publishes notice thereof as required for the sale of abandoned property as provided herein. Section 2. Eagan City Code Chapter Two is hereby amended by changing Section 2.70, Subd. 3 to read as follows: Subd. 3. Disposal of exeess surplus property. A. Declaration of surplus and authorizing sale of property. The city administrator may, from time to time, recommend to the council that certain personal property (chattels) owned by the city is no longer needed for a municipal purpose and should be sold. By action of the council, ~q said property shall be declared surplus, the value estimated and the city administrator authorized to dispose of said property in the manner stated herein. B. Sufplus pr-epet4y with a total estimated value of less than $100.00. The eity administmter- may sell surplus pfepet4y vAth a total value of less than $ 100.00 thfough negotiated s G. Sur-plus property with a total estimated value between $100.00 and $500.00. The eity administ-r-ater- shall offer for publie sale, to the highest bidder-, surplus prepel4y -Mth a total estimated value of from $100.00 to $500.00. Natiee of sueh publie sale shall be given stating time and plaee of sale and generally deser-ibing the prepeFty to be seld -At. le.-Ast t-en days prier-to the date of sale either- by pubheatien onee in the offieial newspaper-, or- by posting in -a D. Sur-plus preperty M~ a total estimated value ever- $500.00. The eity administrator- off-er- for publie sale, to the highest bidder-, stir-Pitts pr-epeAy with a total estimated value ever- $500.00. Netiee of sueh publie sale shall be given stating time and plaee of sale and generafly deseribing pr-eper-ty to be sold at least ten days prior- to the date of sale by pubheation enee i offieial newspapen Sueh sale shall be to the per-son submitting the highest bid. B. Sale of surplus property. Property declared surplus and authorized to be sold by city council shall be sold in accordance with and pursuant to the method of sale required by the Minnesota Municipal Contracting Law (competitive bidding law). Where more than one method of sale is permitted, the City Administrator, or his/her duly appointed designee, shall determine the method of sale to be used. 1-C. Receipts from sales of surplus property. All receipts from sales of surplus property under this section shall be placed in the gener-a-Appro -Appropriate fund. Section 3. 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 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Petersen By: Pat Geagan Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: /00 Agenda Information Memo September 6, 2005, Eagan City Council Meeting C. CONDITIONAL USE PERMIT - SHAW INDUSTRIES ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit to allow outdoor storage of up to 18 truck trailers for property located at 1090 Gemini Road in the NW '/4 of Section 11; subject to the conditions in the APC minutes. To approve a Final Plat (Gemini Road Industrial Park) to combine three existing lots into one for property located at 1090 Gemini Road currently described as Lots 1, 2, 3, Block 6, Eagan Industrial Park #3 in the NW %4 of Section 11. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ Subject site is currently three platted parcels, with a 47,862 square foot building located in the east-central portion of the site. ➢ The proposal is to store up to 18 truck trailers in the southern portion of the lot, the existing green space will be removed. ➢ All 6 outdoor storage requirements are met with this proposal. ➢ The Advisory Planning Commission held a public hearing on August 23, 2005 and is recommending approval. ISSUES: ➢ The Fire Marshal is requiring drive aisles between the trailers being stored, if the drive aisles are installed, and green space requirements are met, there will be room for less than 18 trailers. The site currently does not meet parking requirements for the warehouse and office use, it is short 39 stalls. 60 DAY AGENCY ACTION DEADLINE: ➢ October 2, 2005 ATTACHMENTS (4): Advisory Planning Commission Minut s on pageldo-1 0:5 Staff report on pages through Revised parking plan on page Final Plat on page /o( City of Eagan Advisory Planning Commission Meeting Minutes August 23, 2005 Page 17 C. Gemini Road Industrial Park Applicant Name: Welsh Companies Location: 1090 Gemini Road; Lots 1, 2 and 3, Block 6, Eagan Industrial Park #3 Application: Conditional Use Permit A Conditional Use Permit to allow outdoor storage of truck trailers. File Number: 11-CU-12-07-05 Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated August 16, 2005. She noted the background and history. Rich Forslund Welsh Companies discussed the need for the security fence to protect equipment. Chair Heyl asked if additional customer/employee parking would be, requested in the future. Mr. Forslum stated no additional parking will be needed. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. City Planner Ridley explained recommendations and requirements from the Fire Marshal and the resulting impact to either the green space on site or the number of trailers stored. The APC stated green space requirements should be met. Member Bendt moved, Member Chavez seconded a motion to recommend approval of a Conditional Use Permit to allow outdoor storage of 18 truck trailers for property located at 1090 Gemini Road in the NW '/4 of Section 11 subject to the following conditions as amended: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. The applicant shall apply for and obtain a City grading/ excavation permit prior to construction of the proposed parking lot expansion. 3. The outdoor storage is up to 18 truck trailers located in the parking lot on the south side of the building. 4. A drive aisle of 20 feet shall be installed between the rows of trailers in the storage area. 5. Vaintain 25% green space. 6. Appropriate screening on southwest side to screen from Lexington Avenue. All voted in favor. Motion carried 7-0. to Member Bendt moved, Member Chavez seconded a motion to recommend approval of a Final Plat (Gemini Road Industrial Park) to combine three existing lots into one for City of Eagan Advisory Planning Commission Meeting Minutes August 23, 2005 Page 18 property located at 1090 Gemini Road currently described as Lots 1, 2, 3, Block 6, Eagan Industrial Park #3 in the NW '/4 of Section 11 subject to the following condition: 1. The plat shall be recorded with Dakota County within 60 days of approval. All voted in favor. Motion carried 7-0. ~w PLANNING REPORT CITY OF EAGAN REPORT DATE: August 16, 2005 CASE: l l-CU-12-07-05 APPLICANT: Rich Forslund HEARING DATE: August 23, 2005 PROPERTY OWNER: Teachers Retirement Association of the state of Illinois APPLICATION DATE: August 3, 2005 REQUEST: Conditional Use Permit PREPARED BY: Sheila Cartney LOCATION: 1090 Gemini Road COMPREHENSIVE PLAN: IND, Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of truck trailers for property located at 1090 Gemini Road in the NW '/a of Section 11. The applicant is also requesting Final Plat approval to combine three lots into one. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 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 Planning Report - Gemini Road CUP August 23, 2005 Page 2 values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 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. BACKGROUNDMISTORY The subject site was platted in 1969 as Eagandale Industrial Park No. 3, Lots 1-3 Block 6. EXISTING CONDITIONS The existing site is developed with a 47,862 square foot building that is located on the east- central portion of the site. The current green space for the site is 44 percent. Based on current uses of Office and Warehouse the site does not meet parking requirements. Seventy one parking stalls are required, there are currently 25 parking stalls onsite. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Manufacturing Limited Industrial Industrial South Office Warehouse Business Park Business Park East Warehouse Limited Industrial Industrial Planning Report - Gemini Road CUP August 23, 2005 Page 3 West US Postal Service Limited Industrial Industrial EVALUATION OF REQUEST Compatibility with Surrounding Area - The site is surrounded by industrial type uses. Outdoor storage of truck trailers is typical for industrial areas. Proposal - The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of 18 truck trailers. These trailers have been stored in various locations in Eagan. In order to accommodate the parking, an existing green area to the south will be converted to an asphalt pad. Additional parking is proposed for the northeast portion of the lot for visitor parking; green space will be removed. Additional trees will be planted to screen the storage area. Outdoor Storage Requirements - a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (I--2) zoning districts, the enclosure may be detached from the principal building. The applicant is proposing a cyclone fence around the storage area. b. The storage areas shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The designated storage area is located in the rear of the building and is not encroaching into parking setbacks. c. The outdoor storage area shall be screened from view from the public right-of- way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The outdoor storage area is not visible from the public-right-of way. The adjacent properties have a similar zoning as the subject site. d. The storage area shall not interfere with any pedestrian or vehicular movement. The proposed storage area is specifically for trailer storage and will not have pedestrian or other vehicular movement. e. The storage area shall not take up required parking spaces or landscaping areas. The proposed storage area is in an area that is currently open green space. The site currently does not meet parking requirements and will not with this proposal; however this proposal does add 7 parking spaces. The site requires 71 stalls for warehouse office use; currently there are 25 parking stalls with the addition of 7 that is a total of 32. If additional parking was UP Planning Report - Gemini Road CUP August 23, 2005 Page 4 installed or shown as proof of parking, green space requirements would not be met, therefore a variance would be required. There is a setback variance for parking, which is 5 feet from the public right-of-way. f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The proposed storage area will be paved. Green Space - Currently 44% of the subject lot is green space. The I-1 District requires at least 25% green space. The outdoor storage area is proposed to be on a newly paved area and 7 additional parking stalls are being added, which reduces the green space to 26%. The reduction meets green space requirements but leaves little room for future expansions or additional parking. Landscaping - The applicant proposes to add 6 Black Hills Spruce to the southwest portion of the storage area which should adequately screen the storage from Lexington Avenue. The proposal does not include a building expansion and does not warrant a new Landscape Plan. Grading - The preliminary site & grading plan submitted indicates grading of the southern portion of the site for expansion of paving for the outdoor storage. The applicant should apply for and obtain a City grading/ excavation permit prior to construction of this proposed expansion. Easements/Rights of Way/ Permits - With the re-platting of the property the street easement area acquired by Dakota County and the City in 2002 for the upgrade of Lexington Avenue and Gemini Road will be dedicated as right-of-way. A portion of the existing parking lot for the development is located within the required 20-foot setback from this right-of-way. Variances allowing for this encroachment were granted by the City Council in conjunction with the street easement acquisition in 2002. Access - The Fire Marshal indicated a drive aisle is required between the rows of trailers for fire truck access. The aisle should be 20 feet in width between the trailer rows. SUMMARY/CONCLUSION The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of truck trailers in the southern portion of the lot. The request also includes a plat to combine the three lots into one. The six outdoor storage criteria are met with this proposal. The site currently does not meet parking requirements and will not with this proposal; however this proposal does add 7 parking spaces. The site is short 39 parking stalls. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow outdoor storage of 18 truck trailers for property located at 1090 Gemini Road in the NW 1/4 of Section 11; subject to the following conditions: 167 Planning Report - Gemini Road CUP August 23, 2005 Page 5 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. The applicant shall apply for and obtain a City grading/ excavation permit prior to construction of the proposed parking lot expansion. 3. The outdoor storage is limited to 18 truck trailers located in the parking lot on the south side of the building. 4. A drive aisle of 20 feet shall be installed between the rows of trailers in the storage area. To recommend approval of a Final Plat (Gemini Road Industrial Park) to combine three existing lots into one for property located at 1090 Gemini Road currently described as Lots 1, 2, 3, Block 6, Eagan Industrial Park #3 in the NW 1/4 of Section 11; subject to the following conditions: 1. The plat shall be recorded with Dakota County within 60 days of approval. l oe FINANCIAL OBLIGATION-II-CU-12-07-05 -1090 Gemini Rd Lots 1, 2, & 3, Block 6, Eagandale Center Industrial Park # 3 There are pay-off balances of special assessments totaling $50,073 on the parcel proposed for the conditional use. At this time, there are pending assessments in the amount of $100 proposed to the parcel. The pending assessment is related to a delinquent false alarm billing. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or conditional use. IMPROVEMENT USE RATE QUANTITY AMOUNT None -0- Total $-0- Eagan Boundary Location Ma oParko; Area p o Park Area ® Building Footprint Tr i W, ® p E~ _ g ® B ® ~ \rx, Is 0 Sub ect Site MOO `yam o ~ Q ® E 0 o C SEW I 0 a 0 a ~p e C-~ 1 90 A® ~ ss go o eBav 6 pill ISO e~ e is ~ aeo C. I ~ its a fg, 1DDO D IDDO 2000 Feet Development/Developer. 1090 Gemini Road Application: Conditional Use Permit Case No.: 11-CU-12-07-05 Map prepared using ERSI ArcView 3.1. Parcel base map data provided N by Dakota County Office of GIS and Is current as of April 2005. City of Ea ju ' THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S Community Development Department not responsible for errors or omissions. 1090 Gemini Road Current Zoning and Comprehensive Guide Plan CUP Land Use Map Case No. 11-CU-12-07-05 K A 1 Zoning Map I-+ F, 1-1 a° z Current Zoning: 0 1-~ I-1 Limited Industrial I-~ BP I"1 10L 1-1 z 0 z 0 f00 0 f00 1200 F.N Comprehensive Guide Plan Land Use Map f 0z IND 0 0 tt IND 0 0 Subject Current Land Use Designation: Area IND IND IND Industrial BP SA W IND z 0 r 0 z u~ 600 0 600 1300 Fs.t .J.. I-:- Parcel base map information providedby Dakota County Land Survey Departmert Jute 2003. N Zoning information maintained byCity Staff City of Eagan /I W E 0~ THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department S The City of Eagan and Dakota County do not guarantee the accuracy of this information. e mas .4n. m..r r na.d.l.c .m , i _ _ .GEMINI ROAD --y / ~.;`I I -I -U9 L-0 i; s 1 I i LLJ I ~ I 1 'I W Z I I I ' ~ O I I I r I I m I Y I -1 - 1- Z I I n il,l I I ~ I I I C - t' IY i , F I 0 t7 I I 1 } I I s I I ~ + I c Z 0 a ~ I I ~ j, ~ FP I I ~ 4 I c~J+ r• I i / , I - ,e I ~ I I£ I 1 1 ILL` llI'~. _1, I 11 i I I } I I b : s mo spa I j I ~ ~ ~ A ;-18 I j a`9 a -p g . :s DESC~ GEMINI ROAD INDUSTRIAL PARK JcdinOB w&Amodaftha ="a.wna er p=bym."">,•w "P"'°"°"mr " °~~«er eATE NDP pw,w«erEAGAN, MINNESOTA Crvtl L^/l^n.nwCLmut SarvNln9•LnnL PImrnW a»a.,v«+r».~e mx l.m.aM c~a~o av: ~ uo»..e Prdnb•W e«cr~m ~.w.e. Q FOR nn rY..W.v r..r..w. s,«o- ,La r..erew Sl.r e144..w. owc Faf::_t, D»s41yw [.n«r. YP 661lL f Mme/ / TpR FU_ WELSH COMPANIES peal Les->su•ra pu) sss-lm ~~/~,~iW~ IV \ EXISTING CONDITIONS w n .h«» ---w«- Tb " of !ll.,. lnL4 r,".•. DwuMW TOOd W.M6ARI.PE PARKING LOT EXPANSION ..a s ..4yn c.. , rw.». ex,; mnws xwes 2 cow -s% srosum:ww 3'4 lpiBpy, m iBBl .,wwwnR .R,v«nv ww NOISMddX3101 JNIN>:i'dd ruw,.p wnm B.u.aanawew.n'.:.nHB.a,wIB \ NN-Id JNlOtltlJ 18 31Is «a<es.-ttrprt,~~ r r. vets-tss! <ea S31NVdW00 HS13M :3y• 11Mw4W F.MIS WIpM etl >,!ntaY^«,nsB Rawau` 11<z :801 As caxDam °o °nl.l uadrenxca Rwlq,s,pao tl!.+fl V1OS3NNIW'NVDV3 g Mvewlpawl.rw.Br pRrp d.!",..,d !.ow,.=n!rt,nnns v..wys......!awt ,!n!, XT VWBPoSFN-V Jakz[O U110! AHVd wNisnON1 OV08 INIW30 ~ CV Hdldttl]S30 31V0 n3tl ~AB t/',I=30 °IloprM+,BR'ISp,RB!BIR <=Ilo <n,RW! MIND 8 <€5 ge~3 3 "oi fib g" S =8 Z N €eirprpp g~ga g§ p s~~ gg3$ 6x a'- $I'o= es s a u~i p g~ €g~EE~ L: E i YE9 ~C 23 €@~g ~3~ td °4------- 7 7 N. - - h - o_.. - - ,f p~ r -iof'o wcuo • BW ,wo nw_ _ - - ' , , r`-- ---------g - ~'3~ ~ g t r'~ . t w £ "~y i vl ~ [~t E ' q ~ t j~ TP~j v j 'R M11 G'7 i la ` W C i'~ E~ e a 5 r l I C.:J 'Q LLJ ~W/~ I I w U L~ a = gg W 52 R1 °B I C5 ,1 I ! D: x I w i I as I~ ! r , I I t I j I e ;.ta^:,:sQ ~;.^vxoaj „urr~~. 1 s ~ I~ ^^s b S 4- 01 j - >i 3 a °=t VON ININ29 ll~ cop x MOIRE July 26, 2005 via Messenger Sheila Cartney City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1810 Re: 1090 Gemini Road Project Narrative Dear Sheila: Thank you for your letter dated July 22, 2005 regarding the recently submitted application for the truck trailer expansion at 1090 Gemini Road. As it relates to each of your points, I submit the following: 1) Project Narrative: The Owner in conjunction with a renewal of the tenant, Shaw Industries, proposes to convert two current grassy areas into parking (see attached plan noting that the boundary of the two new asphalt areas is bounded by orange): a) The first area is to the south side of the Shaw Industries building at 1090 Gemini Road. The proposed plan converts the grassy area to an asphalt-parking pad for 18 truck trailers. Shaw Industries currently parks these 53-foot trailers throughout Eagan at various locations. It desires to consolidate these truck trailers at 1090 Gemini Road but does not have the asphalt parking space to do so at this time. The proposed parking area will be of asphalt and allow six rows of 53' truck trailers to park three trailers deep on the asphalt pad (i.e., up to a total of 18 truck trailers will be parked on the south side of the building at a time after the construction of the parking pad.) A cyclone fence for security purposes will then surround the newly created truck trailer parking area perimeter. (Please see the attached 81/2" x 11" plan for the exact configuration of the truck trailer parking that is proposed. Each trailer is shown in yellow on this plan with the security fence shown in red lining a portion of the new asphalt area.) Across the front of Lexington Avenue, the existing row of blue spruce trees will be extended by planting four new Black Hills spruce trees to provide an aesthetically pleasing view across the front of the building. The current property is well landscaped. It is the intention to add these four new spruce trees lls 7807 Creekridge Circle, Minneapolis, MN 55439-266009 TEL 952.897.7700 FAR 952.897.7704 zoRECe~sl~c~EO JUL 2 8 2005 r at the west edge of the proposed parking area to continue having the building's curb appeal along Lexington Avenue be high. b) The second proposed asphalt area is at the northeast corner of the property and it will create seven new parking stalls for visitors coming to the Shaw Industries building. The current northeast area is grass and new asphalt would be installed in the northeast corner of the property outlined in orange on the attached plan. Given the sales office located on the second floor of the building, the current parking area on the north end of the property is not large enough to accommodate the employee and visitor parking that comes to the property each day. 2) The Escrow Deposit Agreement is now enclosed with original signatures and notaries as required. 3) The Original Application is now enclosed also again with original signatures and notaries as required. 4) Near North Title of Chicago is assembling the mailing list and labels that should be received directly by you later this week. 5) The attached Site Plans have been color-coded to show the newly proposed two parking areas. Hopefully with the color-coding, it will make more sense as to what we are proposing. If you have any questions regarding this information, please feel free to call me at 952-897-7830. I will be out of the office on Wednesday through Friday of this week. However, Todd McLouth of Oliver and Associates will attend the 9:00 AM Wednesday, July 27th meeting in my absence. Thanks, Sheila, and talk to you soon. qF ly, t sNA rslund l 1 RECEIVED JUL 2 81195 7807 Creekridge Circle, Minneapolis, MN 55439-/2609 TEL 952.897.7700 FAX 952.897.7704 www.welshco.coin rrEOL MI' SbbVLO:alaO ,lu•uglt 'ulru~ Wl1•••r Pnn r ••.•w na .w ••wur NOISNVdX3 lOl tJNDRftld \ 3'd'VWA1'MnW1 „ n..,,..w.•N•.w.n.„ ON 3- NVId DNIOVNE) $ 311S (V ~~Ct/ ai.l -CCI (i1<) II/ • Crst-tC9 (HL7 ~dAx3L - / ~ ~ or.ri rlI 'ulw•~ W11wI S31NHdW00 HSl3M ~ 3w HMO '.IO..wrwnns wp•n rrv •mt w•»•1^ar rn.n.../ fret :MO: WI1° \ :AB 03M~3NJ U33N N31~^Iataldd V~~+af1 Ano•wallaN p+uolwr.°dna Flag snl..n.ld o,.,r.r,..r.,,...s pnn7.r......n•snr I,,.p V10S3NNIW •NVJV3 )4aVd iviuisnGNI OVMJ INIVOO ~y NOLLdrtfJ53n UW A3V :AB M.Saa .o uglaay°Wa•urlC ap PN AN,L A.-I % ~°'/-1~~~► :tV a a I ! 1~~ of HIP" 8~a a 6 r 15 a $ U e 1 r~ ■ p~: ~ pyj gg Qb yg g ~j . 4 - _ - 1 W 31n u113mrd ~ + + Q / / _ - - ~ J }J~J 'r ~ awn aNW aN 4 i I L ~ ~ ~ I i a ~ 3 a " LK•x i ~'.tl :eI 2 ~ ~ 9 ~ ! i Fief ~I~S~1 ~ 3 I l~ ~ r E ~ ~ 1 f N h ` ai.bv I I Lu I tv I ^ //I $a 6 W I ~ h = IK g~b 6 I a YID I I \ v I; L LI 6 ~ I I ( \ I; % z I l i o I p W 1 ec t; I I I 1 m°° j E- L--J' tl I 1 ZE II ~I }8 I I l~ I`l I ~ ~ ~ I .W,] ~E ai r~° I L + 1 W I o ~ / ` ~ b ~ - d /0 11 @ 7: / x3Llro , wn ~r°a xlre i . a • t I ~ I + Il I ~ ~ I J JI I~ 3 Sd ~ i - 02I IAIIi^I~Om••• . 11-7 jig Hax ~Y ~ a I y6 ~ L0. 43 9 y88 qc o d°.. 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CONDITIONAL USE PERMIT, VARIANCES AND FINAL PLAT (SALEM COMMUNICATIONS) ACTION TO BE CONSIDERED: To approve (OR to direct preparation of findings of fact for denial) a Conditional Use Permit for expansion of a radio studio on property located at 2110 Cliff Road, south of Cliff Road and east of Nicols Road, subject to the conditions listed in the APC minutes. To approve (OR direct preparation of findings of fact for denial) a 30-foot front building setback Variance to allow expansion of the existing radio studio building, subject to the conditions listed in the APC minutes. To approve (OR direct preparation of findings of fact for denial) a 12.5-foot front parking setback Variance from the Cliff Road right-of-way, subject to the conditions listed in the APC minutes. To approve (OR to direct preparation of findings of fact for denial) a 20-foot pavement setback Variance to allow a drive aisle within the Cliff Road right-of-way, subject to the conditions in the APC minutes. To approve a Final Plat (Atsinger Epperson Addition) consisting of one lot upon approximately 19.6 acres located at 2110 Cliff Road, south of Cliff Road and east of Nicols Road, in the NE '/4 of Section 31. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ The property is unplatted and consists of two parcels. ➢ The applicant is proposing to combine the two parcels into a single platted lot. ➢ The site contains a building that houses a radio studio and four free-standing towers. A Conditional Use Permit was issued for the radio studio and antenna towers retroactively in 1996. ➢ The applicant is proposing to construct a 1,000 sq. ft. addition to the west end of the building and expand the parking lot to the west. ➢ In order to obtain a building permit, the property must be platted. ➢ The platting of the property requires dedication of additional right-of-way for Cliff Road. The dedication of right-of-way results in reduced setbacks from the Cliff Road right-of- way for both the building and the pavement/parking areas. ➢ The existing front building line will be maintained with the proposed addition to the west. ➢ Existing pavement in front of the building will be cut back, but an encroachment of approximately 4'8" will remain within the new Cliff Road right-of-way. 119 ➢ The plat has been reviewed by the Dakota County Plat Commission, and recommended approval of the plat. ➢ Dakota County has indicated that this pavement area may remain within the right-of-way until such time as it is deemed undesirable in relationship to a future upgrade of this portion of Cliff Road, at which time it may need to be removed and/or relocated. ➢ The APC held a public hearing on August 23, 2005 and did recommend approval of both the Conditional Use Permit and Variances. ISSUES: None 60-DAY STATUS: Deadline is September 9, 2005 ATTACHMENTS(2): Draft August 23, 2005, APC Minutes to I ! a o~ Staff report, pages la; through i~a City of Eagan Advisory Planning Commission Meeting Minutes August 23, 2005 Page 19 D. Salem Communications Applicant Name: Salem Communication Location: 2110 Cliff Road; Northeast 1/4 of Section 31, Township 27, Range 23 Application: Conditional Use Permit A Conditional Use Permit to allow an expansion of an existing radio station. File Number: 31-CU-12-07-05 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated August 12, 2005. She noted the background and history. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Member Chavez moved, Member Hansen seconded a motion to recommend approval of a Conditional Use Permit for expansion of a radio studio in an LB zoning district located at 2110 Cliff Road, in the NE % of Section 31 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. This development shall dedicate restricted access along Cliff Road to Dakota County, except in the location of the existing driveway. 3. This development shall dedicate public right-of-way for Cliff Road with the final plat, as required by Dakota County. 4. In accordance with City Code, all parking and service drive areas (new and existing) shall be constructed with concrete curb and gutter around its perimeter, with a piped storm sewer system. All voted in favor. Motion carried 7-0. Member Chavez moved, Member Hansen seconded a motion to recommend approval of a 30-foot front building setback Variance to allow expansion of the existing radio studio building located at 2110 Cliff Road, in the NE % of Section 31 subject to the following conditions: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expirationand shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. All voted in favor. Motion carried 7-0. Member Chavez moved, Member Hansen seconded a motion to recommend approval of a 12.5-foot front parking setback Variance from the Cliff Road right-of-way for property located at 2110 Cliff Road in the NE % of Section 31 subject to the following conditions: 1. If within one year after approval, the variance shall not have been completed or }ili~orl i} chnll honnmc nIII nni-1 irirl mlocc n no}i}inn f..r ov}cncirn hnc Loon City of Eagan Advisory Planning Commission Meeting Minutes August 23, 2005 Page 20 granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. In accordance with City code, all parking and service drive areas (new and existing) shall be constructed with concrete curb and gutter around its perimeter, with a piped storm sewer system. 3. All parking stalls shall be 10' wide by 19' deep, with a 24-foot drive aisle. 4. Landscape screening should be installed north of the parking lot; big bluestem grasses are proposed. The Niobe Weeping Willow should be replaced with a different species of tree that is better suited to the growing conditions on this site. Chair Heyl stated opposition of the inconsistency of parking stall width requirements and suggested that a firmer policy be implemented. All voted in favor. Motion carried 7-0. Member Chavez moved, Member Hansen seconded a motion to recommend approval of a 20-foot pavement setback Variance to allow a drive aisle within the Cliff Road right-of- way on property located at 2110 Cliff Road in the NE '/4 of Section 31 subject to the following conditions: 1. If within one year after approval, the variance shalt not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. In accordance with City code, all parking and service drive areas (new and existing) shall be constructed, with concrete curb and gutter around its perimeter, with a piped storm sewer system. 3. The existing pavement area shall be removed as shown on the Site Plan dated July 11, 2005, and the area restored with grass. 4. The developer is responsible for obtaining any County permits or agreements necessary for any landscaping improvements within the County right-of-way. All voted in favor. Motion carried 7-0. 101 PLANNING REPORT CITY OF EAGAN REPORT DATE: August 12, 2005 CASE: 31-CU-12-07-05 APPLICANT: Salem Communications HEARING DATE: August 23, 2005 PROPERTY OWNER: Edward Atsinger III APPLICATION DATE: July 26, 2005 Stuart Epperson REQUEST: Conditional Use Permit/Variance PREPARED BY: Pamela Dudziak LOCATION: 2110 Cliff Road COMPREHENSIVE PLAN: O/S, Office/Service ZONING: LB, Limited Business SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to expand an existing radio studio and Variances for a) a 30' Variance to the required 50' building setback from a County roadway, b) a 20' Variance to the required 20' setback for pavement setback, and c) a 12.5' Variance to the required 20' parking setback for property located at 2110 Cliff Road, located south of Cliff Road and east of Nicols Road in the NE '/4 of Section 31. 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 Compfehensive Plan and City Code provisions. Planning Report - Salem Communications August 23, 2005 Page 2 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. 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 41), Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Variance: City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. lay} Planning Report - Salem Communications August 23, 2005 Page 3 d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. BACKGROUND/HISTORY The property is unplatted and consists of two parcels. The site contains a building that houses a radio studio and four free-standing towers. The building was constructed in 1964, with an addition in 1973. The towers were built in 1972 and 1976. A Conditional Use Permit was issued for the radio studio and antenna towers retroactively in 1996. EXISTING CONDITIONS The existing one-story building does not meet setback requirements from the boundary that separates these two parcels. The four towers are approximately 300-foot steel frame structures secured with guy wires. The topography is gently rolling with scattered wooded areas and wetland areas. The studio building is situated on the northwest corner of the property. Access is provided from Cliff Road to the north. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Bank/Shopping Center PD, Planned Development RC, Retail Commercial East Driver Exam Station PF, Public Facilities P, Quasi-Public West Medical Office CSC, Community Shopping RC, Retail Commercial Center South Single-Family Residential PD, Planned Development LD, Low Density EVALUATION OF REQUEST Compatibility with Surrounding Area - The surrounding area is primarily commercial and quasi- public uses. There is a single-family residential neighborhood south of the site. The proposed expansion of the existing building by 1,000 sq. ft., modifications to the parking area, and new landscaping appear compatible with the neighboring commercial and quasi-public uses. The gas Planning Report - Salem Communications August 23; 2005 Page 4 portion of the site affected by construction is at the north end, and is not near the abutting residential properties. Summary of Proposal - The applicant is proposing to construct a 1,000 sq. ft. addition to the west end of the existing radio studio and expand the existing parking lot to the west to provide 16 parking stalls. Because the radio studio is a conditional use in the LB zoning district, expansion of the studio requires approval of a new Conditional Use Permit. In order to obtain a building permit for the addition, the property must be platted. Therefore, the applicant has simultaneously submitted an application for final plat. With platting of the property, Dakota County will require dedication of an additional 25 feet of right-of-way for Cliff Road. The resulting new northerly property line will be 20 feet from the existing building, and will extend well into the existing pavement area along the front of the building, thus the requested Variances for building, parking and pavement setbacks. Parkin - The applicant is proposing to extend the existing parking lot to the west to provide 16 parking stalls. Proof of parking is shown for 22 stalls. The City Code does not specify a parking ratio for a radio studio use. A comparable use might be office, which requires one parking stall per 150 sq. ft. of net leaseable floor area. By that standard a total of 36 parking stalls would be required; 38 stalls are shown. The parking stalls shown are 9' x 18.5'. The proof of parking stalls are shown with dimensions of 9' x 17'. City Code requires parking stalls to be 10' x 19'. The parking stalls should be redesigned to meet the required 10' x 19' dimension, with a 24' drive aisle. In accordance with City Code, all parking and service drive areas (new and existing) should be constructed with concrete curb and gutter around its perimeter, with a piped storm sewer system. Setbacks - The City Code requires a 50-foot front yard building setback from the Cliff Road right-of-way, and a 10-foot side yard setback. The existing building is set back 45 feet from the existing Cliff Road right-of-way. With the platting of the property and dedication of additional right-of-way for Cliff Road, the existing building and proposed addition will be set back 20 feet from the new Cliff Road right-of-way. Thus, a setback Variance of 30 feet is requested for the building. The building is set back approximately 125 feet from the west side property line. The westerly parking lot is setback 7'5" from the new northerly property line abutting Cliff Road. Thus, a Variance of 127" is requested to the required 20-foot parking setback from a public right-of-way. The required 20-foot setback also applies other pavement areas. The existing paved area in front of the building will be cut back substantially from its current size, but the applicant does propose to maintain a drive aisle from the Cliff Road access to the west parking lot. This pavement area will encroach into the new Cliff Road right-of-way by approximately 4'8", thus requiring a Variance of 20 feet. Dakota County has indicated that this pavement area may remain within the right-of-way until such time as such time it is deemed undesirable in relationship to an upgrade of this portion of Cliff Road, at which time it may need to be removed and/or relocated. lxe Planning Report - Salem Communications August 23, 2005 Page 5 Buildiniz Addition/Elevations - The applicant is proposing a 1,000 sq. ft. addition to the west end of the building. The one-story addition is proposed to be concrete masonry unit and face brick to match the existing building. Site Lighting - New site lighting is proposed in the parking lot. Two free-standing pole-mounted fixtures are proposed. The proposed fixture is a 400 watt metal halide fixture with sharp cutoffs mounted at a 20-foot height. Light levels within the parking lot appear acceptable, and do not spill over onto adjacent property or the public right-of-way. Landscaping - The applicant is proposing new plantings around the building consisting of both every green (pyramidal arbor vitae) and deciduous (purple leave sand cherry) shrubs. Three willow trees are proposed north of the parking lot, and rows of bug bluestem grass are proposed north of the remaining driveway in front of the building. Because the setback between the parking lot curb and the Cliff Road right-of-way is only 7.5', a different species that does not spread like the willow would be better suited to this narrow space. The grasses are proposed to be within the new Cliff Road right-of-way. Dakota County has indicated they will require an agreement with the owner allowing the landscaping and a portion of the pavement to remain within the newly dedicated right-of-way until Dakota County needs the right-of-way for expansion. The developer is responsible for obtaining any County permits or agreements necessary for these improvements. Wetlands/Water Quality - There is an existing wetland to the south of the proposed parking lot. No impacts to this wetland are proposed. Grading/ Utilities/ Storm Drainage - All engineering issues related to grading, utilities and storm drainage will be addressed with building permit submittal for this development. Streets/ Access/ Circulation - Public street access is available from one existing driveway onto Cliff Road (County Road 32) to the north. This development should dedicate restricted access along Cliff Road to Dakota County, except in the location of the existing driveway. The applicant proposes to relocate the existing parking north of the building with a new parking lot along the west edge of the site. The service drive along the north side of the building is partially located within the new right-of-way of Cliff Road, but is proposed to remain. Easements/ Permits/ Right-of-Way - This development should dedicate public right-of-way for Cliff Road with the final plat, as required by Dakota County. The required right-of-way dedication is 100 feet from the centerline of Cliff Road, as shown on the preliminary site plan. Also, the final plat should dedicate restricted access along Cliff Road except for one access opening, as required by Dakota County. Tree Preservation - No tree removal is proposed as part of this development. Among other areas on the 20-acre site, there is a wooded area on a knoll to the east of the existing studio building. IA7 Planning Report - Salem Communications August 23,. 2005 Page 6 This wooded area will be preserved with the proposed plan. However, the proof of parking area is shown east of the building and if installed, would result in some tree loss. In part for this reason, the applicant is proposing to keep the parking lot on the west side of the building. The proof of parking area is not located further east because it would interfere with the guy-wire supports for one of the antenna towers, and would be less convenient to the building. SUMMARY/CONCLUSION The applicant is requesting approval of a Conditional Use Permit to expand an existing radio studio and the following Variances a) a 30' Variance to the required 50' building setback from a County roadway, b) a 20' Variance to the required 20' setback for pavement setback, and c) a 12.5' Variance to the required 20' parking setback for property located at 2110 Cliff Road, located south of Cliff Road and east of Nicols Road in the NE'/4 of Section 31. This 20-acre site contains a 5,700 sq. ft. building, and four 300-foot antenna towers. The Conditional Use Permit request is for an expansion of the existing radio studio use, which is a conditional use in the LB zoning district. The existing radio studio was granted a CUP in 1996 retroactively. The requested Variances for building, parking and pavement setbacks are due to the dedication of right-of-way for Cliff Road, which is required as part of the platting of the property necessary to obtain a building permit. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit for expansion of a radio studio in an LB zoning district located at 2110 Cliff Road, in the NE'/4 of Section 31. 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. This development shall dedicate restricted access along Cliff Road to Dakota County, except in the location of the existing driveway. 3. This development shall dedicate public right-of-way for Cliff Road with the final plat, as required by Dakota County. 4. In accordance with City Code, all parking and service drive areas (new and existing) shall be constructed with concrete curb and gutter around its perimeter, with a piped storm sewer system. To recommend approval of a 30-foot front building setback Variance to allow expansion of the existing radio studio building located at 2110 Cliff Road, in the NE 1/4 of Section 31. If approved, the following conditions should apply: Planning Report - Salem Communications August 23,. 2005 Page 7 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. To recommend approval of a 12.5-foot front parking setback Variance from the Cliff Road right- of-way for property located at 2110 Cliff Road in the NE'/4 of Section 31. If approved, the following conditions should apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. In accordance with City code, all parking and service drive areas (new and existing) shall be constructed with concrete curb and gutter around its perimeter, with a piped storm sewer system. 3. All parking stalls shall be 10' wide by 19' deep, with a 24-foot drive aisle. 4. Landscape screening should be installed north of the parking lot; big bluestem grasses are proposed. The Niobe Weeping Willow should be replaced with a different species of tree that is better suited to the growing conditions on this site. To recommend approval of a 20-foot pavement setback Variance to allow a drive aisle within the Cliff Road right-of-way on property located at 2110 Cliff Road in the NE I/4 of Section 31. If approved, the following conditions should apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. In accordance with City code, all parking and service drive areas (new and existing) shall be constructed with concrete curb and gutter around its perimeter, with a piped storm sewer system. 3. The existing pavement area shall be removed as shown on the Site Plan dated July 11, 2005, and the area restored with grass. Q Planning Report - Salem Communications August 23,. 2005 Page 8 4. The developer is responsible for obtaining any County permits or agreements necessary for any landscaping improvements within the County right-of-way. 13~ FINANCIAL OBLIGATION-3I-CU-12-07-05 - 2110 Cliff Road 10-03100-012-03 and 10-03100-011-03 also proposed Atsinger Epperson Addition There are pay-off balances of special assessments totaling $-0- on the parcel proposed for the conditional use. At this time, there are pending assessments in the amount of $-0- proposed to the parcel. There are assessments deferred by agreement which amount to $52,930. These assessments are scheduled for collection beginning in the year 2008. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection to the City's storm sewer system. IMPROVEMENT USE RATE QUANTITY AMOUNT Storm Sewer Trunk C/I $.1545/Sq. Ft. 686,506 Sq. Ft. $105,138 Total $105,138 X31 Eagan Boundary ■ N Right-of-way Location Ma Parcel Area p Park Area Building Footprint • es s ! a i~a g ,e ~ s s ■ q ` ■ ® a ® 0 In" ~ 6181 ®d as 0 Ile, ~ t, 0 stj Y - f Mots _ ® ® u o P~ J OSubject Site ® ® o e Mill to 1 mom * ; ~ 40 7 b~ ao 44 8 e + ® V~ ♦ ni ~ ~4 - ~ i g 6~ ♦ ♦ s % A d i ra s f / F e s 9 4 ® ~ 9«` ~m♦°a O 9 !r 6 t e ■ 8~ v~ m a f' m / f 1000 0 1000 2000 Feet Development/Developer. Salem Communications Application: Conditional Use Permit/Variance Case No.: 31-CU-12-07-05/31-VA-08-07-05 Map Prepared using FRSI ArdView 3.1. Parcel base map data provided N pn n by Dakota County Office of GIS and is current as of April 2005. gyy11 iy of Eapn ' W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community DovNepmont Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Salem Communications Conditional Use Permit and Variances Case Nos. 31-CU-12-07-05; 31-VA-08-07-05 Zoning Map vV, SC'p PD LOCon PD PD PD D D Current Zoning: cs LB PD PI PD Limited Business T La PF PD PD PD R 1 ~i 's o rya ~t to* P R-' 41, 000 0 000 1200 F..tP Comprehensive Guide Plan - R` Land Use Map J°P O/S HD RC RC C Location RC C R RC RC RC Current Land Use Designation: ors ors RC o/S /S .p Ofs C Office/Service .s . .y P ,d' P y4'4` r. 600 0 000 1200 F..t/~ I Parcel base inap 10- 6.n providedty Dakota County Land SV Vey Dsparhnert June 2003. 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I I II I c; ~ ^ ~ J:r ~co i x - 2• w I u ~I W g~ N`~~1.~ 7 r` ry ~ x r j .2f... ~ rnx x I I . . _ S+l a N U GRADING PLAN ` L •°+?++a+~•ww,'}r^ xvi tws+ss UK) d U 3Ar A3X)vQ wM mH[[4Ml s ~ -n..e.wµ,.,,,mo•.am'v!' P•s 1101.] V Sa;~iIi = s. N rY1MM7V3r13=3]NY3Y-rvu 1s10A 01 V / 1~ 'J s i-1 j -rvnunawrtxvl,Vl1f130153L•7vtMirrnOJ `.yy~ ~l W' 3 $ r--~ ~~,•a~~ i~~~a Lops WIDPOO ON11HO11 311S zz\ 110, R awl is qy ( J I t~ J o = r.. LILJ ! ( I 11 i ! P - t roe .i i 1 C'• 1•; ~ N Jr m I'iC , i ~ :(t' I ti f.. t c, 7q ; i • i . i i : i ( { i A•~ t ; ,C _ :3 ~fW!;! _ r.- - .V ._=i-t~: ~ ' ? 3 Fl.~•, i I ~ ~ ' ~ I 7 I i", ~ a,• _ > .V , r i i w IA L/TfVON/A L/GHT/NG® Catalog Number KAD R4 TB SPD04 DDB Notes Type FEATURES & SPECIFICATIONS Salem Radio A INTENDED USE - Ideal for parking areas, street lighting, walkways and car lots. CONSTRUCTION - Rugged, die-cast, soft corner aluminum housing with Soft Square Cutoff Lighting 0.12' nominal wall thickness. Extruded 4' soft corner arm for pole or wall • • mounting is standard. Die-cast door frame has impact-resistant, tempered, KAD glass lens that is fully gasketed with one-piece tubular silicone. FINISH - Standard finish is dark bronze (DDB) polyester powder finish, with other architectural colors available. i METAL HALIDE OPTICAL SYSTEM - Anodized, aluminum hydroformed reflectors: IES full 100W, 150W, 175W, 200W, cutoff distributions R2 (asymmetric), R3 (asymmetric), R4 (forward throw).` 250W, 320W, 350W, 400W and R5S (square). High-performance anodized, segmented aluminum 20' to 35' Mounting reflectors IES full cutoff distributions SR2 (asymmetric), SR3 (asymmetric) and SR4SC (forward throw, sharp cutoff). Segmented reflectors attach with tool-less fasteners and are rotatable and interchangable. ELECTRICAL SYSTEM - High reactance, high power factor ballast for 100W/150W. Constant-wattage autotransformer for 175-400W. Super CWA Pulse Start ballast required for 200W, 320W and 350W (must order SCWA option). Ballast is copper-wound and 100%a factory-tested. Porcelain, Standard Dimensions horizontal, position-oriented, socket with copper alloy, nickel-plated screw EPA: 1.2 fL2 I shell and center contact Medium-base socket used with 10OW & 150W, 7-1/8' mogul-base socket used with 175-400W. UL listed 1500W-600V. Weight: 41 Ibs (18.6 kg) (18.1 cm) LISTING - UL Listed (standard). GSA Certified (see Options). UL listed for Length: 17-1/2' (44.5 cm) wet locations. IP65 rated in accordance with standard IEC 529. Width: 17-11T (44.5 cm) Depth: 7-1/8' (18.1 cm) I- 4'~ 17-1/2' 00.2 cm) (44.5 cm) ORDERING INFORMATION Example: KAD 400M 82120 SPD04 LPI Choose the boldface catalog nomenclature that best suits your needs and write it on the appropriate line. Order accessories as separate catalog number. KAD R4 TB SPD04 DDB Series Voltage Mounting Options 7-71 KAD 100M 120 SPD04 Square pole (4' arm) Shipped Installed In Fixture Architectural Colors' KAD 150M 2083 (standard) SF Single fuse (120, 277, 347V, n/a TB) Standard Colors KAD 175M 2403 SPD09 Square pole (9' arm)5 DF Double fuse (208, 240, 480V, n/a TB) DDB Dark bronze KAD 200M 277 RPD04 Round pole (4' arm) PER NEMA twist-lock receptacle (standard) KAD 750M 343 RPD09 Round pole (9' arm)5 only (no photocontrol) OWN White KAD 320Mt 480 LPI Lamp includedas standard DBL Black KAD 350M1 TB4 WWD04 Wood pole or wall (4' arm) LAP Less lamp Classic Colors KAD 400M1 WWD09 Wood pole or wall (9' PD Power Trayl' DMB Medium bronze arm) 6 e WTB Terminal Wiring Block1c DNA Natural aluminum Distribution WBD04 Wall bracket (4' arm) ORS Quartz restrike system (250W DSS Sandstone Hydroformed Reflectors WBD09 Wall bracket W arm) maximum, lamp not included)? DGC Charcoal gray R2 IES type II asymmetric2 L/Arm (When ordering KMA, CSA CSA Certified DTG Tennis green R3 IES type III asymmetric2 DAD12) Shipped Separately SCWA Super CWA Pulse Start Ballast (n/a DBR Bright red R4 IES type IV forward throwz 10OW & 175W) DSB Steel blue KMA Mast arm adapter Shipped Separately' R5 IES type square KTMB Twin mounting bar Segmented Reflectors g PEI NEMA twist-lock PE (120, 208, 240V) 2 DA012P Degree Arm (pole) PE3 NEMA twist-lock PE (347V) SR2 IES type II asymmetric SR3 DAD12WB Degree Arm (wall) PE4 NEMA twist-lock PE (480V) IES type 111 asymmetric2 NEMA twist-lock PE 1277V) 5R4SC IES type IV forward throw PE7 HS House-side shield (R2, R3, R4) NOTES: (SR2, SR3) 1 Reduced jacket ED28 lamp must be used with SR2, SR3 & SR4SC optics. KADVG Vandal guard 2 House-side shield available. KADWG Wire guard RECEIVED JUL 2 6 2005 3 Consut factory for availability in Canada. 4 Optional multi-tap ballast (120, 208, 240, 277V). Accessories. Tenon MountingSliplltter 5 The SPD09, RPD09 or WWD09 must be used when two or more luminaires are oriented on a 90' drilling pattern. Order as separate catalog number. 6 May be ordered as accessory. Number offixtUres 7 QRSTD available in select wattages; consult factory. Tenon O.D. One Two@180° Two@90° Three@120° Three@90° Four®90' 8 Additional architectural colors available; please see Architectural Colors brochure, form no. 794.3 2-3/8" T20-190 T20-280 T20-290' T20-3209 T20-3909 T20-4909 . 9 Must use RP1309. 2-7/8' T25-190 T25-280 T25-2909 T25-320 T25-3909 T25-4909 10 Only available with SR2, SR3, and SR4SC optics. 4' T35-190 T35-280 T35-2909 T35-320 T35-3909 T35-4909 Outdoor V Sheet#:KAD-M AL-370 OA L/THON/A L/GHT/NG• Catalog Number KAD R4 TB SPD04 DDB Notes Type FEATURES & SPECIFICATIONS Salem Radio A INTENDED USE - Ideal for parking areas, street lighting, walkways and car lots. Soft Square Cutoff Lighting CONSTRUCTION - Rugged, die-cast, soft corner aluminum housing with 0.12' nominal wall thickness. Extruded 4' soft corner arm for pole or wall • • ~ mounting is standard. Die-cast door frame has impact-resistant, tempered, KAD glass lens that is fully gasketed with one-piece tubular silicone. FINISH - Standard finish is dark bronze (DDB) polyester powder finish, with other architectural colors available. METAL HALIDE OPTICAL SYSTEM - Anodized, aluminum hydroformed reflectors: IES full 100W, 150W, 175W, 200W, cutoff distributions R2 (asymmetric), R3 (asymmetric), R4 (forward throw) 250W, 320W, 350W, 400W and R5S (square). High-performance anodized, segmented aluminum 20' to 35' Mounting reflectors IES full cutoff distributions SR2 (asymmetric), SR3 (asymmetric) and SR4SC (forward throw, sharp cutoff). Segmented reflectors attach with tool-less fasteners and are rotatable and interchangable. ELECTRICAL SYSTEM - High reactance, high power factor ballast for 100W/150W. Constant-wattage autotransformer for 175-400W. Super CWA Pulse Start ballast required for 200W, 320W and 350W (must order SCWA option). Ballast is copper-wound and 100% factory-tested. Porcelain, Standard Dimensions horizontal, position-oriented, socket with copper alloy, nickel-plated screw EPA: 1.2 tL2 shell and center contact Medium-base socket used with 100W & 150W, 7-1/8' mogul-base socket used with 175-400W. UL listed 1500W-600V. Weight- 41 lbs (18.6 kg) (16.1 cm) LISTING - UL Listed (standard). CSA Certified (see Options). UL listed for Length: 17-1/2' (44.5 cm) wet locations. IP65 rated in accordance with standard IEC 529. Width: 17-1/2' (44.5 cm) Depth: 7-1/8' (18.1 cm) I-4•----17-1/2'-tl (10.2 cm) (44.5 cm) ORDERING INFORMATION Example: KAD 400M R2120 SPD04 LPI Choose the boldface catalog nomenclature that best suits your needs and write it on the appropriate fine. Order accessories as separate catalog number. KAD R4 TB SPD04 DDB Series Voltage Mounting Options KAD IOOM 120 SPD04 Square pole (4' arm) Shipped Installed In Fixture Architectural Colorsa KAD 150M 2083 (standard) SF Single fuse (120, 277, 347V, n/a TB) Standard Colors KAD 175M 2403 SPD09 Square pole (9' arm)5 DF Double fuse (208, 240, 480V, n/a TB) DDB Dark bronze KAD 200M 277 RPD04 Round pole (4' arm) PER NEMA twist-lock receptacle (standard) KAD 250M 34a RPDD9 Round pole (9 arm)5 only (no photocontrol) DWH White KAD 320Mt 480 LPI Lamp includedas standard DBL Black KAD 350Mt T84 WWD04 Wood pole or wall (4' arm) L/LP Less lamp Classic Colors KAD 400MI WWD09 Wood 6pole or wall (9' PD Power Tray1ll DMB Medium bronze arm) I WBD04 Wall bracket (4' arm)6, WTB Terminal Wiring Block7) DNA Natural aluminum Distribution 6 QRS Quartz restrike system (25OW DSS Sandstone Hydroformed Reflectors W /Arm Wall bracket ng arm) maximum, lamp not included)? DGC Charcoal gray R2 IES type II asymmetricz LArm (When ordering KMA, CSA CSA Certified DTG Tennis green R3 IES type III asymmetricz DAD12) Shipped Separately SCWA Super CWA Pulse Start Ballast (n/a DBR Bright red R4 IES type IV forward throw2 t00W & 175W) DSB Steel blue R5 IES type V square KMA Mast arm adapter Shipped Separately6 KTMB Twin mounting bar PEI NEMA twist-lock PE (120, 208, 240V) Segmented Reflectors DAD12P Degree Arm (pole) PE3 NEMA twist-lock PE (347V) SR2 IES type II asymmetricz SR3 DADI2WB Degree Arm (wall) PE4 NEMA twist-lock PE (480V) IES type III asymmetricz NEMA twist-lock PE (277V) 5R45C IES type IV forward throw PE7 HS House-side shield (R2, R3, R4) NOTES: (SR2, S113) 1 Reduced jacket ED28 lamp must be used with SR2, SR3 & SR4SC optics. KADVG Vandal guard RECEIVED 2 House-side shield available. KADWG Wire guard JUL 2 6 2005 3 Consul factory for availability in Canada. 4 Optional multi-tap ballast (120, 208, 240, 277v1. Accessories. Tenon Mounting Slipfitter 5 The SPDO9, RPD09 or WWD09 must be used when two or more luminaires are oriented on a 90' drilling pattern. Order as separate catalog number. 6 May be ordered as accessory. Number offixtures 7 QRSTD available in select wattages; consult factory. Tenon O.D. One Two@180° Two@90° Three@120° Three@90° Four@90° 8 Additional architectural colors available; please see Architectural Colors brochure, form no. 794.3 2-3/8' T20-190 T20-280 T20-2909 T20-3209 T20-33900'; T20 4909 . 9 Must use RPDO9. 2-7/8' T25-190 T25-280 T25-2909 T25-320 T25-3909 T25-4909 10 Only available with SR2. SR3, and SR4SC optics. 4' T35-190 T35-280 T35-2909 T35-320 T35-3909 T35-4909 Outdoor IN O Sheet KAD-M AL-370 Written Narrative By CharlesJ Radloff Architect July 11, 2005 Proposed addition to Salem Communications Size: Adds approximately 1000 square feet to and existing building of 4187 square foot footprint. Existing Zoning: Limited Business existing and proposed Timing: Proceed with construction ASAP. Surrounding Land Use: North - Retail Commercial West Retail Commercial, Office/Service, and Low Density South - Low Density East-Quasi-Public/Institutional The reason for the Variance: To obtain a building permit for the expansion the City of Eagan requires the property to be Platted. In the process of platting the County widened the R O W from 65' from centerline to 100' from centerline. This then put the existing driveways and the existing building into nonconformance with the setbacks required by the City of Eagan. The proposed site design removes the majority of parking and bituminous surface from the front of the building and the new R O W. It leaves a minimum drive to access the existing parking to the west of the building and proposed expansion. Note Parking was not located to the east to preserve the large stand of Oak trees, and farther east are restriction to the towers and its underground antenna. The parking will encroach on the 20' setback by 7'- 5" due to the wetland to the south edge of the proposed replacement parking. The existing drive will encroach on the new R O W by approximately 4'-8"" while the removed bituminous will be replaced with lawn and planting. The existing building and new addition will encroach on the new building setback line by approximately 29' - 6" RECEIVED JU, 1 R., ~~~5 Agenda Information Memo September 6, 2005, Eagan City Council Meeting E. PLANNED DEVELOPMENT AMENDMENT - AMTECH LIGHTING (PHILLIPS 66) ACTION TO BE CONSIDERED: To approve (OR direct preparation of findings of fact for denial) a Planned Development Amendment to install a new pylon sign for the Phillips 66 fuel station at 3575 Pilot Knob Road, legally described as Lot 1, Block 1, George W. Giles Addition, in the NE 1/4 of Section 16. REQUIRED VOTE FOR APPROVAL: At least four votes. FACTS: ➢ The applicant is proposing to install a new pylon sign on the east side of the property adjacent to Pilot Knob Road. ➢ Both the existing pylon sign and the existing monument sign on the site will be removed. ➢ The proposed new pylon is a twin pole design with the Phillips 66 logo at the top, a fixed panel containing an electronic price message, and a three-line changeable message panel. ➢ The proposed sign is 27 feet in height and measures 115 square feet in area. ➢ The applicant is requesting a deviation in the 300 foot spacing requirement from the existing Holiday pylon sign to the south. ➢ To maximize the spacing between pylon signs, the new sign is proposed to be located midway along the east property line, approximately 190 feet from the existing Holiday pylon sign to the south. ➢ A location further north would have poor visibility to southbound traffic because of trees and would be confusing to northbound traffic because the site entrance is at the south end and east and westbound traffic would not see the sign at all if located at the far north end of the property. ➢ The proposed sign design is consistent with the City Code standards in height, size and setbacks ➢ The APC held a public hearing on August 23, 2005 and did recommend approval of the PD Amendment. ISSUES: None 60 DAY AGENCY ACTION DEADLINE: September 26, 2005 ATTACHMENTS (2): Il'2 August 23, 2005 APC Minutes, pages 193 dii0a;h- Staff Report, pagesIL14through ~n City of Eagan Advisory Planning Commission Meeting Minutes August 23, 2005 Page 21 E. Phillips 66 Applicant Name: Amtech Lighting Location: 3575 Pilot Knob Road; Lot 1, Block 1, George W. Giles Addition Application: Planned Development Amendment A Planned Development Amendment to allow a 27ft. Pylon sign. File Number: 16-PA-09-07-05 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated August 18, 2005. She noted the background and history. Duane Downey, Amtech Lighting discussed the landscaping. Chair Heyl stated she is not in favor of excess signage; however, she is in favor of the proposed signage plan because it results in a net decrease in signage for the site. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed. the public hearing and turned the discussion back to the Commission. Member Hansen moved, Member Matthees seconded a motion to recommend approval of a Planned Development Amendment -to install a new pylon sign for the Phillips 66 fuel station at 3575 Pilot Knob Road, legally described as Lot .1;-Block 1, George W. Giles Addition, in the NE'/ of Section 16subject to the following conditions as amended: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. 2. The new pylon sign shall be set in a landscape bed. The applicant shall submit a landscape plan for the base of the sign for staff review and approval prior to release of the Conditional Use Permit for recording. 3. A sign permit is required prior to installation of the new pylon sign. 4. The proposed sign shall not exceed 27 feet in height, 115 sq. ft. in area and a three line changeable message panel. 5. The proposed sign shall be set back from all property lines at least 10 feet. 6. The proposed sign shall be located as shown on the site plan, 68 feet north of the southern property line, approximately 190 feet from the existing Holiday pylon sign. 7. The electronic display shall be used for price information only and shall not blink or flash or contain a moving message. 8. The two existing..-free-standing signs must be removed. All voted in favor. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: August 18, 2005 CASE: 16-PA-08-07-05 APPLICANT: Amtech Lighting HEARING DATE: August 23, 2005 PROPERTY OWNER: B&S Land APPLICATION DATE: July 27, 2005 Development, LLC REQUEST: Planned Development Amendment PREPARED BY: Pamela Dudziak LOCATION: 3575 Pilot Knob Road COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMMARY OF REOUEST The applicant is requesting approval of a Planned Development Amendment to install a new pylon sign for the Phillips 66 fuel station at 3575 Pilot Knob Road, legally described as Lot 1, Block 1, George W. Giles Addition, in the NE 1/4 of Section 16. AUTHORITY FOR REVIEW Chapter 11, Section 11. 50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUNDMISTORY This property was platted in 1990. The property is zoned PD and contains a motor fuel station and car wash which was constructed in 1990. Planning Report - Amtech Lighting (Phillips 66) August 23, 2005 Page 2 EXISTING CONDITIONS The fuel station is in the center of the property with pumps on both the east and west sides of the building. A free-standing car wash building is on the north end of the site. There is an existing pylon sign on the southwest corner of the property, adjacent to I-35E. A monument sign is located on the southeast corner of the property, adjacent to the Pilot Knob/Duckwood Drive intersection. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Precision Tune PD, Planned Development SA/RC, Special Area/ Retail Commercial East Eagan Auto Mall CSC, Community SA/RC, Special Area/ Shopping Center Retail Commercial South Holiday; Medical PD, Planned Development SA/RC, Special Area/ Clinic Retail Commercial West I-35E EVALUATION OF REQUEST City Requirements - The City's Sign Ordinance allows one free-standing sign per building; The free-standing sign may be either a monument sign, which is permitted, or a pylon sign, which is a conditional use. In the case where a lot has both local street frontage and highway frontage, the ordinance allows both a pylon sign for highway visibility and a monument sign for identification on the local street. Such is the case with the Phillips 66 property. Applicant's Proposal - The applicant is proposing to remove both the existing pylon sign and the existing monument sign, and install a new pylon sign on the east side of the property adjacent to Pilot Knob Road. The proposed new pylon is a twin pole design with the Phillips 66 logo at the top, a fixed panel containing an electronic price message, and a three-line changeable message panel. The proposed sign is 27 feet in height and measures 115 square feet in area. The applicant is requesting a deviation in the 300 foot spacing requirement from other pylon signs on the same side of the street. The new pylon is proposed to be located midway along the east property line, north of the existing monument sign. This placement is 190 feet from the existing Holiday pylon sign to the south. The applicant states that a location further north would have poor visibility to southbound traffic because of trees, and would be confusing to northbound traffic because the site entrance is at the south end. The applicant also states that the east and 4J Planning Report - Amtech Lighting (Phillips 66) August 23, 2005 Page 3 westbound traffic would not see the sign at all if located at the far north end of the property. Lastly, the applicant states that because of the lot dimensions, even if the pylon sign were located at the far north end of the property, the maximum spacing that could be achieved is 290 feet. Landscaping - No new landscaping is proposed. The new pylon sign should be set in a landscape bed. The applicant should submit a landscape plan for staff review and approval prior to release of the Conditional Use Permit for recording. Analysis - The proposed sign design is consistent with the City Code standards in height, size and setbacks. The applicant is proposing to remove the two existing free-standing signs (one pylon and one monument sign) and replace them with a single new free-standing pylon sign. The applicant is proposing to locate the sign further north on the property than the existing monument sign location, in order to maximize the distance from the existing Holiday pylon sign. However, with proposed spacing of 190 feet between pylon signs, a deviation from the 300-foot required spacing is requested. The applicant indicates that locating the sign further north on the property would result the sign being obscured by trees, and confusion to customers as to where the site entrance is. SUMMARY/CONCLUSION The applicant is requesting approval of a Planned Development Amendment to install a new pylon sign for the Phillips 66 fuel station at 3575 Pilot Knob Road, legally described as Lot 1, Block 1, George W. Giles Addition, in the NE'/4 of Section 16. The applicant is proposing to remove both of the existing free-standing signs and install a new pylon sign on the east side of the property adjacent to Pilot Knob Road. The proposed new pylon is a twin pole design with the Phillips 66 logo at the top, a fixed panel containing an electronic price message, and a three-line changeable message panel. The applicant should submit a landscape plan for staff review and approval prior to release of the Conditional Use Permit for recording. The location of the proposed new sign is approximately 190 feet from the existing Holiday sign. Thus, the applicant is requesting a deviation to the 300-foot spacing requirement for pylon signs. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to install a new pylon sign for the Phillips 66 fuel station at 3575 Pilot Knob Road, legally described as Lot 1, Block 1, George W. Giles Addition, in the NE 1/4 of Section 16. If approved the following conditions shall apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. 2. The new pylon sign shall be set in a landscape bed. The applicant shall submit a landscape plan for the base of the sign for staff review and approval prior to release of the Conditional Use Permit for recording. 14(o Planning Report - Amtech Lighting (Phillips 66) August 23, 2005 Page 4 3. A sign permit is required prior to installation of the new pylon sign. 4. The proposed sign shall not exceed 27 feet in height and 125 sq. ft. in area. 5. The proposed sign shall be set back from all property lines at least 10 feet. 6. The proposed sign shall be located as shown on the site plan, 68 feet north of the southern property line, approximately 190 feet from the existing Holiday pylon sign. 7. The electronic display shall be used for price information only and shall not blink or flash or contain a moving message. 47 Eagan Boundary Location Ma ~Parrxl Area p o Park Area - Building Footprint o I® f o a ~ ' ~9fa s ~ ®a® ~ g OREL o o jL 90 Subject Site 0 V717 fr s ~ ••wae s~ e s ! ~ e a 4 ~ e ~ ®m sEr d I .woo °r. ® 4 • . 6 d • ti t; ~ ~ ~~8 ig ; ~ Ag I. 7 : ~ ~ f ~ e~ ~ ~ o ~ etf • + . f 6 ° e o f drEi 6 ce All `m4 4 ®e d tai !Q lob, 0 95 1000 0 1000 2000 Feet Development/Developer. Phillips 66/Amtech Lighting Application: Planned Development Amendment Case No.: 16-PA-09-07-05 Map Prepared using ERSI ArcView 3.1. Parcel base map data provided N 1 by Dakota County Office of GIS and is current as of April 2005. City of Eapn THIS MAP IS INTENDED FOR REFERENCE USE ONLY W I The City of Eagan and Dakota County do not guarantee the accuracy of this information and are 5 Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Amtech Lighting (Phillips 66) Planned Development Amendment Case No. 16-PA-08-07-05 Zoning Map .3 V 4p dro~ CSC 'S~' ®0 5B PD =]P LB Location [U] O a ~ csc ~ Current Zoning: PD R P 4 -PD R-Z CSC Planned Development D PD PD PD t E - 8 R-1 1 ID~~ H ®m ® R-1 P e° Y D ~ A , P coo o coo 1200 F..t n Comprehensive Guide Plan V SA 0 ry` ` Land Use Map EuW S" , ~~~{pI©~ SA Location LJ SA O H~ i -D 4 Current Land Use Designation: SA SA SA D SA RC Retail Commercial ra r 8 L11 -4 I + o s e Y D coo o coo lzoo F..t 5 eq P-W base map information p,*.dadbyDakota County Land Survey Departlna,t June 2003. N Zodng Information malntein.d byClty StaK City of Eagan J W i 41 THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this Information. S 7 70 I \ o` _ z \ _o rTl Z I{~I I yam. o f-1 I ~ ~ I ~ ~I i 041 I I \ 4 ZZ- I i'~s s I ~ , ~?06« o • , .,k ~p, y;,~ ~ Ni" - mss: ~ . ~ ~ v f, ' ?•1•'Fy'i' tea'' 4 rte. "~1- _ ~rN 01, I-A • ` i i~ I yr Ph!W to on St~1en , F E m C , ' . ~ !57! nee ww R.w ~ ~ 1 ti+. ~t~ I• f c.... w ssta 1 ii alp ~I o i ~4:1'~''Q•~ erer ee/..V'1t ~~~0 l_/ 77 aj~ J.'s 17, M, It I'N a ' • Mad a ~ Vl• ,o - r - - - K 1~ K w - K _ K PILOT KNOB RD. ' s.. _ SITE PLAN MilwSignl Page 1 of 1 J' NOTE: It is stronghe recorrirnended that the top of the price sign not exceed 18 Ft above ground for rnanuall,;-changeable font=:. r ~e ~ Milxaukaa s r~2 'r•-•p _lali rriay be nee. d Y "Z or you should consider posting gas prices with LEG signs. ~ - ~ 5ign Sguare,~Fodtage PHILLIPS` ' x n $2401 - 7' Pole SyStE $900 - ID Sign i;CU-torrj CL 1 1 $826 - 2X 1 P Red side loyside LTIHANREEGEALINESBLE $215 - Car Wash . $684- 3X Readerhos THREE LINES CHANGEABLE COPY TWO LINES 1 CHANGEABLE 'total: with 6a ,M" r,,.ou.,,F. - More Service Choices $5026.00 If you need to order anytl = - In this order process or need a . sarvlce raprnsentatrve earl you _ r. 01 ■ • r ordor, please shack the box pr cuztom .y MarketeriQSR Copyright hlitwaukee Sign Company Inca IN M RECEIVED JUL 0 2 2005 l~ SIGN ELEVATION http://milwaukeesign.northemobjects.connvMilwSign.cfm y 6/30/2005 PHILLIPS ' 27' s. 5" L - Car Wash QUNGHIBLE ...M YF I - F. ~ c e I a - .01 ~r e 0 ! S Proposeb /Sa RECEIVED JUL 0 2 2005 l ~ SIGN AMENDMENT PROPOSAL PHILLIPS 66 SERVICESTATION 3575 PILOT KNOB RD EAGAN, MN THE PROPERTY OWNER (KATH FUEL OIL SERVICES) OF THIS SITE PROPOSES TO REMOVE EXISTING 27' TALL, 91 SQUARE FOOT HIGHWAY SIGN ON SW CORNER AND 50 SQUARE FOOT, 7' TALL MONUMENT SIGN ON SE CORNER OF PROPERTY. NEW SIGN PROPOSAL IS TO INSTALL NEW TWIN POLE SIGN ON EAST SIDE OF PROPERTY ALONG PILOT KNOB RD. PROPOSED NEW SIGN IS 27' TALL WITH 115 SQUARE FOOT OF SIGNAGE. NEW SIGN IS TO BE 68'NORTH OF EXISTING MONUMENT SIGN TO MAXIMIZE THE SPACING FROM THE EXISTING HOLIDAY PYLON SIGN, AND 20' OFF THE PROPERTY LINE. WHILE THE EAGAN SIGN CODE CALLS FOR 300' SPACING BETWEEN PYLON SIGNS, THE PROPERTY OWNERS ARE PROPOSING AN AMENDMENT TO HAVE THEIR SIGN SPACED AT 190' FROM THE EXISTING "HOLIDAY" SERVICE STATION SIGN LOCATED AT 3615 PILOT KNOB RD. THE MAXIMUM SPACING THAT COULD BE ACHIEVED ON THIS PROPERTY IS 290'. HOWEVER, THIS WOULD PLACE SIGN AT FAR NORTH END OF PROPERTY, WHERE VISABILITY IS POOR TO SOUTHBOUND TRAFFIC BECAUSE OF TREES. IT IS ALSO CONFUSING TO NORTHBOUND TRAFFIC AS TO WHERE TO TURN INTO STATION, BECAUSE ENTRANCE IS ONLY AT SOUTH END OF LOCATION. FINAL ISSUE IS EAST AND WEST TRAFFIC WILL NOT SEE SIGN AT ALL DUE TO ITS EXTREME NORTH LOCATION, IF PLACED AT FAR NORTH END OF PROPERTY. KATH FUEL OIL SERVICES PROPOSAL TO INSTALL A PYLON SIGN AT 68' NORTH OF EXISTING MONUMENT SIGN LOCATES SIGN IN A REASONABLY VISIBLE LOCATION THAT AFFORDS VISIBILITY TO TRAFFIC WITHOUT CAUSING CONFUSION AS TO WHERE TO ENTER LOCATION. DECEIVED JUL 0 2 2005 153 ~ Agenda Information Memo September 6, 2005, Eagan City Council Meeting F. REZONING, PRELIMINARY PLANNED DEVELOPMENT, FINAL PLANNED DEVELOPMENT - MSP COMMERCIAL ACTIONS TO BE CONSIDERED: To approve (OR direct preparation of findings of fact for denial of) a Rezoning of 3.5 acres from RD, Research and Development to PD, Planned Development for Lot 1, Block 2, Eagan Preserve in the SE'/4 of Section 9. To approve (OR direct preparation of findings of fact for denial for) a Preliminary Planned Development to allow one office/medical building and two restaurant buildings for property located on Lot 1, Block 2, Eagan Preserve in the SE 1/4 of Section 9, subject to the conditions listed in the APC minutes. To approve (OR direct preparation of findings of fact for denial for) a Final Planned Development for the proposed office/medical use for Lot 1, Block 2, Eagan Preserve in the SE 1/4 of Section 9, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least four votes. FACTS: ➢ The property consists of a single platted lot, 3.5 acres in area. ➢ The applicant is requesting approval of a rezoning to PD and a Preliminary Planned Development for an office/medical building and two Class I restaurants. ➢ The applicant is requesting simultaneous approval of a Final Planned Development for the office/medical building at this time. Final Planned Development approval for the restaurants would be required prior to their construction. ➢ The proposed rezoning would allow three buildings on a single parcel, though the development has been designed to accommodate future subdivision and connections with future development to the west. ➢ Deviations from typical City Code standards include some reduced building setbacks and 9' wide parking stalls are proposed on the northern portion of the site serving the office. ➢ The office building will contain multiple tenants and the applicant is proposing individual building signage for up to 8 occupants. ➢ Specific design standards for the development were provided by the applicant and are included in the exhibits of the staff report. ➢ The primary exterior building materials proposed for the office building are consistent with the CGD standards - 60% brick and glass, with EIFS and decorative block as a secondary material. ➢ The applicant stated during the public hearing that the Planned Development exceeds building materials standards, provides the opportunity to seamlessly connect with anticipated future retail development to the west, allows two Class I restaurants to be added to this pedestrian-friendly area, and will provide a transition between the office park and future retail to the west. ➢ Each of the restaurants will need Final PD approval prior to construction and will be subject to compliance with the parking requirements of the City Code at that time. ➢ No pylon signs are proposed with the Preliminary Planned Development and any pylon signs will require an amendment to the Planned Development. ➢ This Preliminary Planned Development approval does not include approval for on-sale liquor in conjunction with the restaurants; on-sale liquor also will require an amendment to this Planned Development. ISSUES: ➢ The appropriateness of the individual tenant signage was a point of debate for the APC. ➢ The City Council previously expressed their strong desire to have the subject parcel develop in a way completely compatible with the anticipated Paster retail development to the west. ➢ A summary of the architectural standards provided by the applicant is listed below. The Council may want to further specify the primary and secondary exterior materials to be consistent with the CGD standards - at least 60% brick, glass or stone; not more than 30% integrally-colored masonry stucco or decorative block; and up to 10% other accent materials (door frames, lintels, cornices and other minor elements). o Face brick, stone, glass, stucco or decorative block are required as major exterior materials. o Screening of rooftop equipment by parapet walls, not wood or metal enclosures. o Prohibition of long expanses of unadorned walls. o Buildings must include architectural interest and detailing provided by a change in materials, color, offsets or other visual relief. o Uniformity of materials including roof shingles, natural brown tones of masonry, simulated stone and cream and brown colored stucco to be incorporated on every structure. o Exterior lighting to be consistent throughout the development. 60 DAY AGENCY ACTION DEADLINE: October 2, 2005 ATTACHMENTS (2): August 23, 2005 APC Minutes, pages I~through Staff Report, pages Lthrough I SS City of Eagan Advisory Planning Commission Meeting Minutes August 23, 2005 Page 22 F. Eagan Preserve Applicant Name: MSP Commercial Location: Lot 2, block 1, Eagan Preserve, Dakota County, MN Application: Rezoning A Rezoning of 3.69 acres to Research and Development (RD) to Planned Development (PD). File Number: 09-RZ-03-07-05 Application: Preliminary Planned Development A Preliminary Planned Development to create 3 buildings for office use and 2 restaurants. File Number: 09-PD-03-07-05 Application: Final Planned Development A Final Planned Development to create one building for office`use. File Number: 09-FD-11-07-05 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated August 19, 2005. She noted the background and history. Alex Young Vice President of Development, MSP Commercial thanked staff for their help with the project. He indicated that the proposed office building would be MSP's new headquarters office; they plan to relocate from Sf: Paul. He stated the building has four different sign areas, with up to two signs each. He stated the 60% brick exterior requirement has been exceeded. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Chair Heyl stated her concern with individual wallsignage for tenants of the office building and explained that the Manley development was approved with individual signs because it was condo ownership with individual entrances; which is different than this proposal, therefore she is not in favor of individual tenant signs. Member Gladhill stated opposition to individual signage as well. Member Chavez asked the applicant to discuss the public benefits of the Planned Development. Mr. Young responded that the proposal exceeds exterior material standards, provides the opportunity for connection to the future Paster retail development to the west, will allow two sit-down restaurants to be added to the pedestrian friendly area and will provide a transition point between the office park, future retail and community center. Member Bendt stated the City needs to be prudent with signage in this quadrant of the Central Area and that the proposed tenant wall signage is not consistent with the offices in the immediate area. Member Matthees stated she is in favor of individual tenant signs as proposed. Member Keeley stated agreement with Member Matthees, provided it is limited. ) ate City of Eagan Advisory Planning Commission Meeting Minutes August 23, 2005 Page 23 Member Bendt suggested all signage in the development should be understated to maintain consistency in the area. Member Chavez stated he will not vote in favor because he is not swayed that the proposal justifies the Planned Development zoning. Member Dugan moved, Member Heyl seconded a motion to recommend approval of a Rezoning of 3.5 acres from RD, Research and Development to PD, Planned Development for Lot 1, Block 2, Eagan Preserve in the SE '/4 of Section 9. A vote was taken. Aye: Chair Heyl, Members Dugan, Hansen, and Matthees. Nay: Members Bendt, Chavez, and Gladhill. Motion carried 4-3. Member Dugan moved, Member Heyl seconded a motion to recommend approval of a Preliminary Planned Development to allow one office/medical building and two restaurant buildings for property located on Lot 1 Block 2, Eagan Preserve in the SE 1/4 of Section 9 subject to the following conditions as amended: 1. The applicant shall enter into a Preliminary Planned 'Development Agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits are necessary for the Agreement: • Final Site Plan • Final Building Elevations Plan • Final Landscape Plan • Final Lighting Plan • Final Signage Plan 3. The developer shall provide evidence of private cross easements, in a form acceptable to the City Attorney, in favor of the adjacent property to the west to allow for the possible future parking lot connections and circulation. 4. The developer shall provide landscaping easement, in a form acceptable to the City, for the existing City streetscaping improvements located in the southeast corner of the site near the intersection of Central Parkway and Yankee Doodle Road. 5. The two restaurant buildings shall be limited to 45 feet or less in height. 6. If not contained within the building, a trash enclosure must be provided that is attached to the principal building and constructed of the same materials as the principal building. The trash enclosure must satisfy other design standards in the City Code. 7. Each restaurant shall comply with City Code requirements for parking. The restaurant capacity and parking will be reviewed for compliance with City Code requirements at the time of Final PD approval. 8. The design and exterior materials of all buildings shall comply with the architectural standards set forth by the applicant the attached exhibit received July 20, 2005. 9. The proposed office building shall include a greater amount of brick exterior in place of EIFS. The revised elevation shall be submitted for incorporation into the Final PD Agreement. All buildings shall have at least 60% of each building fagade finished with brick, stone, or glass as primary materials. 10. One monument sign shall be permitted for each restaurant; and one monument sign for the office building. The monument signs area subject to compliance with the I,'I City of Eagan Advisory Planning Commission Meeting Minutes August 23, 2005 Page 24 City's sign ordinance. The monument signs shall have a base constructed of materials to match the principal building it serves. 11. There shall be no pylon signs within this development. Any future proposals for a pylon sign will require a Planned Development Amendment and will be subject to compliance with the City's sign ordinance. 12. All building signage shall comply with City sign ordinance requirements. Building shall be allowed peF OGGupaAt-. 13. All building signage shall be uniform in design, font, size and color, and be backlit or otherwise externally lit. Can signs or internally lit signs shall be prohibited so as to avoid the appearance of this building as a retail center. 14. All mechanical equipment shall be screened from views from off the property. A vote was taken. Aye: Chair Heyl, Members Dugan, Hansen, Gladhill, and Matthees. Nay: Members Bendt, and Chavez. Motion carried 5-2. Member Dugan moved, Member Heyl seconded a motion to recommend approval of a Final Planned Development for the proposed office/medical use for Lot 1, Block2, Eagan Preserve in the SE '/4 of Section 9 subject to the following conditions as amended: 1. The applicant shall enter into a Preliminary and Final Planned Development agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. The applicant shall enter into a Final Planned Development Agreement with the City prior to construction of the building. The following exhibits are necessary for the Final Planned Development Agreement • Final Site Plan • Final Building Elevations • Final Landscape Plan Final Lighting Plan • Final Signage Plan 3. The developer shall provide evidence of private cross easements, in a form acceptable to the City Attorney, in favor of the adjacent property to the west to allow for the possible future parking lot connections and circulation. 4. The developer shall provide a landscaping easement, in a form acceptable to the City, for the existing City streetscaping improvements located in the southeast corner of the site near the intersection of Central Parkway and Yankee Doodle Road. 5. If not contained within the building, a trash enclosure must be provided that is attached to the principal building and constructed of the same materials as the principal building. The trash enclosure must satisfy other design standards in the City Code. 6. The design and exterior materials of all buildings shall comply with the architectural standards set forth by the applicant the attached exhibit received July 20, 2005. 7. The proposed office building shall include a greater amount of brick exterior in place of EIFS to achieve 60% of each fagade comprised of brick, stone or glass. The revised elevation or other documentation demonstrating compliance with this standard shall be submitted for incorporation into the Final PD Agreement. J City of Eagan Advisory Planning Commission Meeting Minutes August 23, 2005 Page 25 8. One monument sign eF 9trherF f Fee staRding 6igR6 aFe is permitted for the office building. 9. All building signage shall comply with City sign ordinance requirements-.Bu++d+pg 10. All building signage shall be uniform in design, font, size and color, and be backlit or otherwise externally lit. Can signs or internally lit signs shall be prohibited so as to avoid the appearance of this building as a retail center. 11. All mechanical equipment shall be screened from views from off the property. A vote was taken. Aye: Chair Heyl, Members Dugan, Hansen, Gladhill, and Matthees. Nay: Members Bendt and Chavez. Motion carried 5-2. l~l PLANNING REPORT CITY OF EAGAN REPORT DATE: August 19, 2005 CASE: 09-RZ-03-07-05, 09-PD-03-07-05, 09-FD-11-07-05 APPLICANT: MSP Commercial HEARING DATE: August 23, 2005 PROPERTY OWNER: Duke Construction APPLICATION DATE: August 3, 2005 REQUEST: Rezoning, Preliminary PD, Final PD PREPARED BY: Sheila Cartney/ Pamela Dudziak LOCATION: NW corner of Yankee Doodle Road and Central Parkway COMPREHENSIVE PLAN: Special Area 4 ZONING: RD, Research and Development SUMMARY OF REQUEST The applicant is requesting approval to Rezone 3.5 acres from RD, Research and Development to PD, Planned Development, a Preliminary Planned Development to allow one office/medical building and two restaurant buildings and a Final Planned Development for the office/medical building, for property located on Lot 1, Block 2, Eagan Preserve in the SE '/4 of Section 9. The applicant has indicated there may be a possibility to subdivide in the future, but has not proposed that at this time. A Final Planned Development will be necessary for each restaurant building, if approved. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11. 50, Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. l~ Planning Report - MSP Commercial August 23, 2005 Page 2 Planned Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUND/HISTORY In December 1999, Duke Realty Corporation entered into a purchase agreement with Joe Miller Farms to acquire 80 acres of vacant land. In March 2000 Duke sold 60 acres of this land to the City for Central Park. In October 2002 the remaining 20 acres were subdivided into two lots and one Outlot, as Eagan Preserve. Duke Construction LP constructed the 90,000 Argosy University on Lot 1, Block 1, Eagan Preserve in 2003. The 3.5-acre Lot 1, Block 2, remains vacant and is the subject site of this development proposal. In April 2004, Paster Enterprises proposed a Comprehensive Guide Plan Amendment for the adjacent -24-acre parcel to the west to change the land use designation from Special Area - Office/Service (SA-O/S) to Special Area-Retail Commercial (SA-RC). Paster's concept plan included the adjacent 3.5-acre subject site. In May of 2004, the City Council gave direction to Paster to prepare detailed development plans for the retail commercial proposal, and to work with the owner of the 3.5-acre Eagan Preserve parcel to create a coherent and cohesive development. While Paster has not yet submitted the detailed development plans for the -24- acre site, that application remains pending. Paster Enterprises and MSP Commercial have discussed development of their respective sites and both tell staff they are committed to creating a cohesive development. MSP Commercial has submitted this request for Rezoning of the 3.5-acre site to PD, Preliminary Planned Development approval for the entire site, and Final Planned Development approval for the proposed office building. EXISTING CONDITIONS l~l Planning Report - MSP Commercial August 23, 2005 Page 3 As part of the overall development of Eagan Preserve the entire land area was previously graded "pad ready". SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Argosy University RD, Research and Development SA, Special Area East Lockheed Martin RD, Research and Development SA, Special Area South Townhomes (Surrey R-4, Multiple Residential HD, High Density Heights) Residential West Vacant A, Agriculture SA, Special Area EVALUATION OF REQUEST Compatibility with Surrounding Area - As noted in the table above, the subject property is surrounded with a broad range of land uses. The Office/Service Land Use designation is geared toward office and lower intensity service and retail businesses. Proposal - The applicant is proposing to Rezone the subject site to PD, Planned Development to allow a medical office and two restaurant pads. The office building will be constructed in Phase I, and the restaurants will be part of a Phase II development, with a possible subdivision. Since the office is proposed for Phase I construction, the applicant is requesting Final Planned Development approval for the office portion of the development. Planned Development Zoning - The Planned Development zoning district allows the developer to have greater flexibility in the design of the development and the City to require higher standards in exchange for that flexibility. The applicant's narrative describes the proposal as a transition point between the nearby office park and the proposed future retail development to the west (Paster Enterprises). The narrative also indicates that "the restaurant uses complement the pedestrian-friendly atmosphere" of Central Parkway and will be an amenity to visitors and employees of the area. Conforming Plan - The conforming plan should show a development that conforms with the BP zoning district, a comparable zoning for the proposed uses. In a conforming scenario, subdivision would be required to create separate parcels for each building. Lot 1 (office) does not meet the green space requirements or minimum building setbacks from Quarry Road and Central Parkway. Lot 2 (east restaurant) does not meet the setback from Central Parkway. Pylon signs are also shown on the conforming plan, and the BP zoning district prohibits pylon signs, 1 Planning Report - MSP Commercial August 23, 2005 Page 4 however, monument signs would be permitted in place of the pylons. The conforming plan shows slightly smaller buildings than are proposed under the request PD zoning. Bulk Standards - Although the applicant is requesting to rezone the property to PD (Planned Development), the site plan was reviewed using the BP, Business Park zoning district standards. The BP zoning district was selected as a comparable zoning district based on the RD zoning of the surrounding area, and the proposed uses of office and restaurant, both of which are allowed in the BP zoning district as either a permitted or conditional use. Setbacks -Minimum setback requirements are not established in a Planned Development zoning. The table below illustrates the BP setback requirements and the proposed setbacks. The applicant indicated the setback deviation allows for more architectural features on the office building and for larger restaurant pads. Setback Buildin Parkin Ordinance Proposed Ordinance Proposed Front yard: Yankee Doodle 50 feet 30 feet 20 feet 20 feet Front yard: Quarry Lane 40 feet 30 feet 20 feet 20 feet Front yard: Central Parkway 40 feet 30 feet 20 feet 20 feet Side and 20 feet 30 feet 5 feet 10 feet Rear and 20 feet 30 feet 5 feet 10 feet Building Coverage- The BP zoning district establishes a maximum building coverage ratio of 40%. As proposed there are three buildings on one lot, the total building coverage is 14.5% of the site. Green Space - A minimum of 25% of the site is required to be green space. As proposed the total green space for the site is 60%. The Site Plan does break down each building area into green space based on future lot lines and each future lot meets this minimum green space requirement (Lot 1 = 27.07°/x; Lot 2 = 37.44%; Lot 3 = 31.18%). Building Height - Building height in the BP zoning district is limited to 45 feet. The applicant provided exterior elevations of the medical office only. The height of the medical office is 36 feet. No elevations were provided for the two restaurant buildings, both should be limited in height to 45 feet or less. Trash Enclosure - The Site Plan does not show a trash enclosures. The two restaurants appear to be designed with inside trash storage. If the trash is not stored inside the buildings, it must be within an enclosure that is attached to the principal building and constructed with the same materials as the principal building. Parkin - The City Code requires parking be provided at a ratio of one stall for each 150 net sq. ft. of floor area for office use. The proposed 25,088 sq. ft. building has 20,070 sq. ft. of usable area, and thus requires 134 parking stalls. The site plan shows 134 stalls are provided. The restaurants require one stall for every three seats based on capacity design. The specific 142,3 Planning Report - MSP Commercial August 23, 2005 Page 5 restaurant proposal will be reviewed for compliance with City Code parking requirements at the time of Final Planned Development approval for each restaurant. Therefore, the size of the restaurants may be limited by the parking available on the site. With 53 stalls proposed for each restaurant, a seating capacity of 159 can be accommodated.. Parking stalls are proposed to be 9' x 19' for the office, and 10' x 19' for the restaurants. While the proposed 9' width is a deviation from City Code standards, many offices and other low turnover uses have been approved with 9' stalls. The dimensional requirements for parking stall and drive aisles were added to the City Code in 2000. Prior to that, a 10-foot wide standard was applied in high turnover areas, such as retail parking lots, and stalls as narrow as 9 feet were allowed in low turnover parking lots, such as employee parking at a warehouse or office building. The acceptability of the proposed 9' wide parking stalls is a policy matter to be determined by City officials. Easements - The developer should provide evidence of private cross easements, in a form acceptable to the City Attorney, in favor of the adjacent property to the west to allow for the possible future parking lot connections and circulation. The developer should provide a landscaping easement, in a form acceptable to the City, for the existing City streetscaping improvements located in the southeast corner of the site near the intersection of Central Parkway and Yankee Doodle Road. Upon future subdivision, cross easements for parking and ingress/egress within this development will need to be established. Building_Architecture/Exterior Elevations - Exterior elevations were provided only for the office building. The majority of the office finish is EIFS, there is some brick throughout the building in a column like form and a band of textured stone veneer on the bottom of the building. Colors are not defined. Building architecture includes columns for vertical interest and to highlight the entrance to the building, an elevated peak roof element at the southeast corner of the building fronting on Central Parkway, and a canopy to shelter the main entrance. The roof line is pitched and finished with asphalt shingles. The applicant provided written architectural standards for the development (attached as an exhibit to this report). The standards include elements such as major exterior surfaces shall be brick, stone, glass, stucco or decorative block, building colors to be harmonious throughout the development, all mechanical equipment both roof and ground mounted shall be screened, buildings shall have varied and interesting detailing and the use of long expanses of unadorned walls are prohibited, and uniform building materials shall be incorporated on every structure. The acceptability of these standards is a policy matter to be determined by City officials. If they are determined to be acceptable, these standards should be referenced in the conditions of approval. Planning Report - MSP Commercial August 23, 2005 Page 6 EIFS is a synthetic stucco material and while it satisfies the architectural standards for the BP zoning district, a greater amount of brick in place of EIFS should be utilized in this development. This site is considered a transition between the major office development to the east and north and potential commercial retail development to the west. It also fronts on a major county road. Consequently, the building architecture and materials should be of high quality and compatible with the office buildings already existing in the area should the property to the west not develop with retail uses. The APC and Council may consider applying the standards from the City's Cedar Grove District, which requires 60% of each building fagade to consist of brick, stone, or glass as primary materials. Si a e - The site plan shows no free-standing signs. A monument sign is not proposed for the office building. The applicant states in the narrative that they are not proposing any free-standing signage for the restaurants at this time. The applicant states that the reduced building setback along Yankee Doodle Road for the restaurants "may reduce the need for the pylon signage in that area." The restaurants will need Final PD approval before construction, and a signage plan will be required as part of that submittal. The City's sign ordinance permits a monument sign for each building (max. height 7', min. 10-foot setback), however a pylon sign would require an amendment to the Planned Development. The applicant states "A complete signage package will be submitted for these buildings [the restaurants] together with the final approvals when we can be more certain of the final plans." Address identification signage and signage for individual occupants is proposed on the office building. Staff has concerns regarding the multiple signs on the office building. Individual occupant building signage will be unique for this area. Staff suggests that building signage be limited to only a building identification name rather than multiple occupant signs. The applicant has indicated that individual occupant identity is important for leasing a building such as this. A more detailed explanation for the individual signage is in the attached applicant narrative. If multiple occupant signs are allowed, the restrictions outlined in the following paragraph should be applied. All signage should comply with City Code requirements. Building signage should be limited to the business identification name only, and only one building sign should be allowed per occupant. All building signage should be uniform in design, font, size and color, and be backlit or otherwise externally lit. Can signs or internally lit signs shall be prohibited so as to avoid the appearance of this building as a retail center. Mechanical Equipment - All mechanical equipment, either ground or roof-mounted, shall be screened from views from off the site Site Lighting - The Site Lighting plan shows both single and double pole-mounted 400 watt metal halide shoebox style fixtures. Light levels are 0.0 to 0.5 at the property lines; this level is considered acceptable. Average light level within the parking lot is 1.42 footcandles, with a k~ Planning Report - MSP Commercial August 23, 2005 Page 7 minimum of 0.5 and maximum of 7.0. These levels are considered acceptable. The average to minimum ratio is 2.84, which indicates a uniform light level throughout the lot. Landscaping - The landscape plan appears to be acceptable with minor modifications. The proposed landscape plan shows some shade trees (Marshall's Seedless Ash) in the parking lot islands and along Yankee Doodle Road (Swamp White Oak). A few oak trees are also proposed between the building and Central Parkway. The southeast corner of the site contains existing City entrance monument landscaping. Two spruce trees are proposed at the southeast corner of the parking lot, screening it from the Yankee Doodle intersection at Central Parkway. The parking lot will be somewhat screened from Central Parkway due to topography as the parking lot is set at a lower elevation than the roadway. Ornamental trees are proposed along this frontage. The two restaurant buildings on the south end of the site also serve to screen the parking lot from Yankee Doodle Road. The portion of the Yankee Doodle Road frontage that contains parking is proposed to be landscaped with Gro-low Sumac and Techny Arbor Vitae. While the arbor vitae will provide a solid screen, the 8' height seems to be more than is necessary to screen vehicles and headlights. A different species with a 3-4 foot mature height might be more suitable in that location and provide for security by allowing some visibility of that parking area from passing traffic. Landscaping along the west edge of the site accommodates future parking lot connections to the adjacent property. Gradin Topography- The site was graded with the overall development of Eagan Preserve. Grades and slopes on the site will remain generally as current, with the site sloping toward the northwest corner. Storm Drainage - The proposed development will utilize the existing storm sewer in the northwest corner of the site which drains to Pond CP-3 to the north. Utilities - Existing sanitary sewer and water main of sufficient size, depth, and capacity are available, in the northwest corner of the property from Quarry Road, for connection by this development. Streets/Access/Circulation - Access to Quarry Road is proposed at one location. Quarry Road will be extended west through the property to the west and Quarry Park to serve as an east-west traffic reliever for Yankee Doodle Road and to provide street access for the Gramercy Park senior housing development. Two potential connections to future parking service drives within the adjacent property to the west are planned with the proposed parking lot layout. If these connections are made, the developer proposes to close the one access to Quarry Road from this lot. Pedestrian circulation in the area is provided by sidewalks and trails on Central Parkway and Yankee Doodle Road connected to the City's trail system. IVP Planning Report - MSP Commercial August 23, 2005 Page 8 Tree Preservation - Tree Preservation issues will be determined with the building permit. SUMMARY/CONCLUSION The applicant is requesting approval to Rezone 3.5 acres from RD, Research and Development to PD, Planned Development and approval of a Preliminary Planned Development to allow one office/medical building and two restaurant buildings. The applicant is requesting Final Planned Development approval for the proposed office/medical building, for property located on Lot 1, Block 2, Eagan Preserve in the SE %4 of Section 9. The proposed rezoning would allow three buildings on a single parcel. The development is designed to accommodate future subdivision and connections with future development to the west. This development is designed to be compatible in site design, land use and architecture and with existing office development in the area, and also serve as a transition should the property to the west develop with commercial retail uses. The proposal largely complies with typical City Code standards with a few exceptions. Some reduced building setbacks are proposed and 9' wide parking stalls are proposed on the northern portion of the site serving the office. Some modifications to building elevations and exterior materials are suggested. Issues that require the AFC's consideration and direction include the acceptability of the proposed individual occupant signage on the office building, and the proposed 9' wide parking stalls serving the office. i Final PD approval at this time pertains only to the office building. Each of the restaurants will need Final PD approval prior to construction. Each restaurant is subject to compliance with the parking requirements of the City Code, which will be reviewed at the time of the Final PD. Any pylon signs will require an amendment to the Planned Development. This approval also does not include approval for on-sale liquor in conjunction with the restaurants. On-sale liquor also will require an amendment to this Planned Development. ACTION TO BE CONSIDERED To approve a Rezoning of 3.5 acres from RD, Research and Development to PD, Planned Development for Lot 1, Block 2, Eagan Preserve in the SE 1/4 of Section 9. To approve a Preliminary Planned Development to allow one office/medical building and two restaurant buildings for property located on Lot 1, Block 2, Eagan Preserve in the SE %4 of Section 9, subject to the following conditions: 1. The applicant shall enter into a Preliminary Planned Development Agreement with the City that shall be recorded at the Dakota County Recorder's Office. 1~e7 Planning Report - MSP Commercial August 23, 2005 Page 9 2. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits are necessary for the Agreement: ➢ Final Site Plan ➢ Final Building Elevations Plan ➢ Final Landscape Plan ➢ Final Lighting Plan ➢ Final Signage Plan 3. The developer shall provide evidence of private cross easements, in a form acceptable to the City Attorney, in favor of the adjacent property to the west to allow for the possible future parking lot connections and circulation. 4. The developer shall provide landscaping easement, in a form acceptable to the City, for the existing City streetscaping improvements located in the southeast corner of the site near the intersection of Central Parkway and Yankee Doodle Road. 5. The two restaurant buildings shall be limited to 45 feet or less in height. 6. If not contained within the building, a trash enclosure must be provided that is attached to the principal building and constructed of the same materials as the principal building. The trash enclosure must satisfy other design standards in the City Code. 7. Each restaurant shall comply with City Code requirements for parking. The restaurant capacity and parking will be reviewed for compliance with City Code requirements at the time of Final PD approval. 8. The design and exterior materials of all buildings shall comply with the architectural standards set forth by the applicant the attached exhibit received July 20, 2005. 9. The proposed office building shall include a greater amount of brick exterior in place of EIFS. The revised elevation shall be submitted for incorporation into the Final PD Agreement. All buildings shall have at least 60% of each building facade finished with brick, stone, or glass as primary materials. 10. One monument sign shall be permitted for each restaurant; and no monument sign for the office building. The monument signs area subject to compliance with the City's sign ordinance. The monument signs shall have a base constructed of materials to match the principal building it serves. 11. There shall be no pylon signs within this development. Any future proposals for a pylon sign will require a Planned Development Amendment and will be subject to compliance with the City's sign ordinance. Planning Report - MSP Commercial August 23, 2005 Page 10 12. All building signage shall comply with City sign ordinance requirements. Building signage on the office building shall be limited to those areas shown on the building elevations plan, and to the business identification name only. Only one building sign shall be allowed per occupant. 13. All building signage shall be uniform in design, font, size and color, and be backlit or otherwise externally lit. Can signs or internally lit signs shall be prohibited so as to avoid the appearance of this building as a retail center. 14. All mechanical equipment shall be screened from views from off the property. To approve a Final Planned Development for the proposed office/medical use for Lot 1, Block 2, Eagan Preserve in the SE 1/4 of Section 9; subject to the following conditions: 1. The applicant shall enter into a Preliminary and Final Planned Development agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. The applicant shall enter into a Final Planned Development Agreement with the City prior to construction of the building. The following exhibits are necessary for the Final Planned Development Agreement ➢ Final Site Plan ➢ Final Building Elevations ➢ Final Landscape Plan ➢ Final Lighting Plan ➢ Final Signage Plan 3. The developer shall provide evidence of private cross easements, in a form acceptable to the City Attorney, in favor of the adjacent property to the west to allow for the possible future parking lot connections and circulation. 4. The developer shall provide a landscaping easement, in a form acceptable to the City, for the existing City streetscaping improvements located in the southeast corner of the site near the intersection of Central Parkway and Yankee Doodle Road. 5. If not contained within the building, a trash enclosure must be provided that is attached to the principal building and constructed of the same materials as the principal building. The trash enclosure must satisfy other design standards in the City Code. 6. The design and exterior materials of all buildings shall comply with the architectural standards set forth by the applicant the attached exhibit received July 20, 2005. 7. The proposed office building shall include a greater amount of brick exterior in place of EIFS to achieve 60% of each fagade comprised of brick, stone or glass. The revised elevation shall be submitted for incorporation into the Final PD Agreement. 9 Planning Report - MSP Commercial August 23, 2005 Page 11 8. No monument or other free-standing signs are permitted for the office building. 9. All building signage shall comply with City sign ordinance requirements. Building signage on the office building shall be limited to those areas shown on the building elevations plan, and to the business identification name only. Only one building sign shall be allowed per occupant. 10. All building signage shall be uniform in design, font, size and color, and be backlit or otherwise externally lit. Can signs or internally lit signs shall be prohibited so as to avoid the appearance of this building as a retail center. 11. All mechanical equipment shall be screened from views from off the property. 17b Eagan Boundary Pa el Area Area Location Map /~%Righray 0 Park Area - Building Footprint o ® d r e ® m wa am 1 ® t N Bit a 1 f Subject Site n o. U ~ am a ® x . - NNW 11 ® f logo ® ® 0 j ANN ■ 9i~ ~ 4 ®11 ® ~ JL a ALP t LAI 4 logo Pa to gP tP ~ we o ~ . O OG9 ®e E3 p• ® f, If F*id ~ 1 l~, ~ 9+ a Cad' 3 - . 1000 0 1000 2000 Feet Development/Developer. MSP Commercial Application: Rezoning, Preliminary and Final Planned Development Case No.: 09-RZ-03-07-05; 09-PD-03-07-05; 09-FD-11-07-05 Map Prepared using ERSI AmView 3.1. Parcel base map data provided N ' by Dakota County Office of GIS and is current as of April 2005. City of Eaj811 The City , gan and Dakota iACounty do not guarantee the ac url cy oft this information and are W E S eemmunlty o•vlopm•nt o•panm•nf not responsible for errors or omissions. 1 Current Zoning and Comprehensive Guide Plan Land Use Map MSP Commercial Rezoning, Prelim. and Final Planned Development Case Nos. 09-RZ-03-07-05; 09-PD-03-07-05; 09-FD-11-07-05 Zoning Map V/®® CR-2 00 ® ® O P P 3 ~ O ~R3 E PD R-4 RD _ Current Zoning: s LB I P € Location RD Research S Development ia8 A ~e• . PD RD 11 A IOB ~p P ~v\ PF 44 9!" R ! PD C' R-3 ~ € PD PD m e 0 PF 3 -q1 ~~'4P 27 110, o CA5 o.5B PD i00 O 000 1200 F..1 "``444~iiir---i""~"~~~_~L 1-~ J Comprehensive Guide Plan SA Land Use Map @WD® O SA SA O S 6 OMD _ SA HD 4 u I P Location S" Current Land Use Designation: SA HD SA OJS SA sA Special Area R wWEE DoomE Rwoi adr oIts DP D H SA S SA m 0 D o W EED .000 0 i00 1200 F..t I I I V 1 Parcel base map Information providedby Dakota County land S-wy Departmert June 2003. N Zoning in}ermatlon maintained byClty SlaK City of Eagan ~ ~r3 W E Community Development Department THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this Information. S 17 J xa i + =I s~ AIR o n 45 r ,m QU RR RO AD r', nm Y (-RK.~,nyBB• I'BP' tm.oe (R L ?C - Q n0 wa - 4 F I I /s ~ \ L• 9~ ~ III r r E ~ I Bw -e .n ~I✓ 1' I\•~5' p[Mn~[ PIRA. ~ B~ I Y' RM.RD W I''.~w•: \ti I or„ wT R w [w TN,[. ~ •°!f'~ 1 ,.s :rt' _i L////) (YAN E O D E RO E¢i r~~t i' ifN $ $ - ea gpiK ■g& n Y 1 i' r j7 tG1 C~y g• ; Ft ~ry S~(F i 6@Btp[pkb[b N ~F l eta {c■■■ e e g el i i g)RR•ZR Ri= E I I~ C 5Y r i 9- F CYO , R N e 11 '`yi:~-Fr'3~' Eo) E QE 7 a .~Y m EF ~~A ` ~§i iB-^Ex e q Rte, m 'm g` E ¢ k■ lei a F v 5 tai !g age r ! O m EXISTING CONDITIONS PPREG[N0. ,6R,.tfB[.•[TM,T161WI. YE=RLNTmRgi PEV ■N,[ o[arnrllall EAGPN PROFff510NN.BU G-FAGM7.MPBESOTA ~wK O.~m~y.l omEa I m■w[nRa.»uRrorcawlrµ CO TOUR w DS-013 1. 0R sr ha»'wBµwNroAUr[rce~u asR - n: ~ w»A■s arr■nR»r;,aae+ra MSP COMMERCIAL oR.[RI■r: r'•. Engineering _ a.s[ . pRO®tr 815 TOWER DRNE, MEDMA MN 55710 ~ CERi1FICATEOFSURVEY amu wwi~ nvnmHP.m~IrNCn4,~ .[oat Rrs.rq.rn» 17q z --------------J aE QUARRY ROAD I e€ g~ @~°a6 y \ r i$ c ,jig g moll 1 \ 2 \ ; \ I ~r m by■ °\L rn 1\ F o Fy - \ 7 o \ G= d - I rn \ I lie i y l Fw~ d r a \l iLk a I - I C.S.A.H. NO. 28 -_-_L-_-_-_T_--_---_-_-__-_-______--_-_- ` (YANKEE DOODLE ROAD) - - - - - - - - - a a i D ~ € k i off a a5 §11 fill If 8 5 8 6 °cc 11111; 2.s Me C~e Y ~ ! S °cc cce a.s s..e ~ ~ ~ ° :xs fTl C C C LEE C a-a as C L g C aa- as C @ C C C S ~ i ~ Iwl~ ~ # ~ ~ @~~ ~ 9 9 9 E EEC €E€ O FAWN PROFEE510NALMA. MG.EADAN,INNNEWTA CO SOUR 05.013 MSP COMMERCIAL wwn Engineering PRELIMINARY SITE PLAN $15 TOWER MW_ ME[ANk MN 55]Q a.r. o , r'10~ srtr ra:PW.»mRrucPeT.rs.ns PRELIM. SITE PLAN 05- --QUARRY ROAD / Ij52 e' 77 I an :.yaw s~.a 11 a « ~ g ~¢E 'e ~ F19 pig; Im 99 -I A 1.1 1~ ;i i ~81; qp+P ,rururu•awis'sL LP s A I ® y \ ~gc o - ® \ ~.4 N Elit \ , o = INIIi~- 4 ~ ~ H ® k w a - 9,7 - x wanw+e ~ ~~p1` T 4g 4- ; I . I C.S.A.H. NO. 28 - - L - - - - - - - - - - - - - - - - - - - - - - - - - - - - (YANKEE DOODLE ROAD) D ~ all pill N QQP gg gg e t Fg s ~ L Q pt ~ o C i §G §G Fg~b` ~+a ba Lib C E ~f I~F E T C ~ G C ~ B N G E rB ~ rB ~ m C •Xtl tltlX - - e ~ - ~ C •tlY tltlf - t F F XXX Xtltl C.$ C.C N ~ ~ ~ B~ b b 6_ C~ i~ 3 s_• a.e o«v~ Q b g E ~ m : C C a as sa : C C C: as a s~ ; @ L C C ~ a morcr.o. EAGAN PROFEESIONAL BULDING-EAGAN•MWNESOTA swuErn. xEV wn oesutlnmxcm waurtu 2! 05-013 nnRevEwmwons CO TOU ca MSPCOMMERCIAL wwmsr _-Engineering IV~ CONFORMING SITE PLAN PER cwnF EISTOINER O N THE CITY OF EAGAN STANDARDS ouu:waay@mw..v~..w•+ CONFORMING PLAN 1~~ ~r - r , QUARRY ROAD , d leg \ 1 n b r a x `V Z ~ to 0 gym,. \ a k r x FR - X ~J X :V G G W ~ ® \ a \ \ ' r - _ _ - L__ a. - C.S H. 0.28... • (Y .NKE DO OLE;RO D) - - - - - - - - - - - - - - - - - - - - - Y yyyy y gg R{ O FF£ 4eE Se. ~ F ~ ~ ~ wane lit m m p ¢~E 0 05-01 EAGAN PROFEESIONAL BINDING-EAGAN•MINNESOTA NnuErFC wrt mewaMrrn,asurtY FM CO TOU W 05-013 MSP COMMERCIAL ow.. er j Engineering N PAR c . ~ PRELIMINARY GRADING, DRAINAGE M TOWER DRNE- 1nNk MN 55340 .l & EROSION CONTROL PLAN m m~+nmwrA.:INA. we PRELIM. GRADING PLAN ,j 77 n I I ^ I- I U--" \ 33 Q ' x!Q ~RQUARRY ROAD n e~I1~ r4 A. I C XS B t_yw 1 1 F, I Wi. YJE4fpp ~I G `I r 1 4!f ` 66 1{ I II 1: l~ ~ \ \ , ;r- :1 I ~ \ - r--------- -sue ~ S I /~i". ~ I \b I- I ~ w '~At•i ~.I I I I I-.~ -~.E,L.illl6 f, E5' I 41. I 13 C 1 -A ~r° gg g L i • i e 1 d6- I I I-----------------------------------`- C.S.A.H. NO. 28 ° I-- ~a.t..•': (YANKEE DOODLE ROAD) 19- T I Sg f R S 4p~ R ) ) m~ of ' T o e e s' l 1 -F to It £ t YR d Safi PRELIM. UTILITY PLAN R F R w ^ t° EAG/W PROFEE 0M 13UL MG• EAGAM. W#XSOTA CO TOU R_ r^' I n Px[uxnrpn&M.Imu OSA73 f0R oFSmlmsr t tm ~wcaumrts ~a _ MSP COMMERCIAL on xas' Engineering aac~o ar PRELIMINARY UTILITY PLAN o u a[ a BIS TOWER DRIVE, MEDMA MN 55340 1L10t111)6014 rai ppMsme EIML: d..EnbnRm~siayweiq.M 47e ~ I B r a~ QUARRY ROAD I i E 1 ; y 1. \ I e " 4 Sel lr it Ir u Y• L i. L 4 i. 4 w y •1 b til L la i St• m y L l y 1 p~ K =Z~~' _ p ~p" ~ 11 ® o~nY arr i y8 nn.~" y 7a \1 i REsG3". y L, 4 1 - v u ~ ~ s 4 1 lr - ~p~ y L111 L ~ ~(An L 1 4 L ~ ~ 4 4 'N \ v~ 4 L 4 y 4 41 \ < ~ ~ 4 t F. • ~ . 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NO. 28 --L----------- - - - - - - - - - - - - - - - - ¢lr° (YANKEE DOODLE ROAD) - - - - - - - - - - - - - - 61 ~ I' fff{ ~fi ~If l~ i ' ~ a ~'•Y E ~ g: ~s~a~~~ ~ " nl X11 ill iii ~ ~~s ~ ~•II E~ rig 1 E' a 4E Fi 11 Ilit `il`f ° E 35 all 8 ~E IIIIiUlill~' 1E11f€a f F$ ti rno•cr •n EAGANPROFEE-MNAL BULOBIG-EAGAN, MNWMTA 1UVEYM Lss 'u n rnea•nAralr ana•rtn _ 05-013 MSPCOMMERCIAL OUR r n r: v;.• ~ Engineering V 1 tl[vmM -w - 815 TOWER DRIVE, MEDINA, MN 55310 PRELIMNARY LIGKTING PLAN Se~PaµnowrcPO1+>F~i fliit:=.IaibnBmr.•pewMpr PRELIM. SITE LIGHTING PLAN 5~1/7? QUARRY ROAD a 10 Z $ o i aw ~ _ v 41 ak \s z A (o &n 6y \ 1 r i ~ fm 'y y [till ~EE evi k t E e . \ r s . a A ~ n gg R z@ € ; C.S.A.H. 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LANDSCAPE PLAN N O FAGAN PROFl:ESIOWIL BURDWG-EAGW,ERNNESOTA r' ~aoRt »a w ~ CO TOUR. 05-073 f0" ot:.swwmsr, y o:mm mrRevewcaweas MSP COMMERCIAL siu.M.c [R 1 Engineering oRCnnar: e15 TOWER DRNE, MEDRJ0. iaN 55740 PRELIMINARY LANDSCAPE PLAN r~Dn` ,e:r.a.roav~.µacn~.R~ vl I ~U fit 'crag 0 ~F- .yam H= of ~a~ga a i a I Ms's °I~ ~a~ Fa<iam w ~wc'n.A ~~tax ~d~5~ >f~ - (301330) SNOI1dA313 5 II I I 1 a ~ % IINI ` III I III AV W I j I~.III IIV -III U nl- I ~,a ~ aid on IVMIII AI y~ I ~ c I . N R f 5 I N I F7 -71 i ds -717 I III It i I 11 I ILL - i I RULJ i jj - 9 J T=V 7111 11 1 r ' n lar-- q f I f~ I ! 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II I =d ~ I I I . Lot 2, Block 1, Eagan Preserve Architectural Design Criteria Restaurant/Retail Buildings Architectural Standards 1. All building materials shall be of high quality and constructed of durable materials. Major exterior surfaces of walls shall be face brick, stone, glass, stucco, or decorative block. 2. Building colors shall be harmonious throughout the development. Bright, long, continuous bands of color are prohibited. Bright or brilliant colors and sharply contrasting colors may be used only for accent purposes and shall not exceed five (5%) percent of the wall area. 3. All roof mounted equipment shall be screened by parapet or roof forms. Wood and metal enclosures shall be prohibited. Ground mounted equipment must be screened by walls designed and located so to be aesthetically harmonious and compatible with the building or landscaping. Materials for screening walls shall be of the same materials as the primary structure. 4. The buildings shall have varied and interesting detailing. The use of long expanses of unadorned walls unrelieved by architectural detailing such as change in materials, change in color, offsets, or other significant visual relief provided in a manner or at intervals in keeping with the size, mass, and scaled of the wall and its views from the public rights-of-way shall be prohibited. 5. Buildings may have external trash enclosures provided it is screened from view of adjacent properties and public right- of-way by landscaping or walls. Enclosures must be of the same material as the primary structure. 6. All building elevations shall receive nearly equal treatment and visual qualities. 7. Uniform materials including roof shingles, natural brown tones of masonry, simulated stone, and cream and brown colored S:\PROJECTS\UNDER DEVELOPMENT\Eagan\City Approv)allss\Eagan.RestaurantArchStandards.071905.doc I 01-i RECEIVED JUL 2 0 2005 / stucco shall be incorporated on every structure. The use of varied textures is encouraged. 8. Exterior lighting shall be consistent throughout the development. 9. Elevations of all sides of a proposed building shall be submitted with the final plan for determination of compliance with the above requirements. 10. A signage plan shall be submitted with the- final plans for each restaurant. S:\PROJECTS\UNDER DEVELOPMENT\Eagan\City Approvals\Eagan.RestourantArchStandards.071905.doc 12, /$q i ..8.+ J F U F E •T r O V h LAn, O O M g cm XL" . Q 1 C W W ft, i C xt' i t ~r{ {tom W k, I s (n FFp {7 ~~{~~E Lt's ~ U ~ U LLA 2N sgS c. y= 4 c a 2 C4 C S[[. I {Z5 of W E E3 PZ C) g gtl % i- o W~ W U' W .~NmQN y z~ 2 ~7 L w f ~C 6 W G W W W W W SS:s~I3Y:~~~E~ od N O C ¢ccrc¢ ~ (nQ N.. t ¢o a N OC W W J 0 1 LL Q = 11 yQ Z 2 .1 W C ° m N 9 W ou° o M ~ z sag M o o S N D: 7 ~~2 n5 Z LY W a m r LU U W a m s 0 1 4 O O 4 1H9~N dt~ d17 .El S .l/l f r { r. ; i _ ~ Y r !/s ~'SF 1 >Fr' - Y 'rY Y nom.,. _s eaE " .i7J 72 r t R Y ,kry _ t a3"~ i t 1' t -71 zi% ^3 { _ _ t,4.: _ -7777 vw. r fva1` ZI, * -i E ( , 'f da W y.r P ~YF~,a rye y ~ _ x ~ ~ J , ~A• ~ .¢v3'.p.~!y~J~.'d.~ ~,.n:r. r t r i §q I e t g5 P j! l x ~ ~ I e y r iv- f tz ~ , ~ I '~f C=D r Q': 7 r ;LLJ R,.y ri , r ~ yr^ ~ f 4~ 4 - 1t t ~»x ars i Ole August 3, 2005 Pam Dudziak W Planner -0 City Hall NZ 3830 Pilot Knob Road ' D N - Eagan, MN 55122 M>Z J C:H C RE: MSP/ Eagan Professional Building co 3: , Rezone Letter CO - m PID # 102247102001 Z ;U TZN N N Dear Ms. Dudziak: "0 N"= MSP hereby requests the City of Eagan to consider a rezone of the above noted 02 D- U l property. . M CD N CO - N The rezone will have a positive impact on the surrounding property and land ,0 NO uses. Rezoning to PD (Planned Development) will give us the ability to enhance the area in several different ways, whether or not the retail development being discussed for the parcel next door becomes reality. Our proposed site plan lends itself well to the area and to the overall neighboring uses. Rezoning of this site will make it possible to bring in two new restaurant users to the area in addition to the proposed professional office building. The ability to add a mix of uses to the site will help blend the site into the proposed retail center next door, and will serve as a transition point between the nearby office park and that proposed retail development. The rezone will allow for two restaurants on this site which will also complement the pedestrian-friendly atmosphere that Central Parkway boasts. It will enable employees/visitors of the business park to walk to lunch and dinner without having to leave the area. Specifically, the use of PD to change our setbacks along Yankee Doodle Road will allow our site plan to make the following positive changes, among other things: -The office building that otherwise would have been a simple, unadorned rectangle with no "bump-outs" will now be allowed have some very interesting architectural features and "bump-outs" (that shifts our parking and restaurants further south on the site). -The restaurant buildings will be allowed to become a little larger. For most restaurant users the 4,200 square foot buildings shown on the "conforming plan" would simply be too small. The 5,000 square foot buildings shown on the PD plan are much closer to a standard size pf today's better restaurants. i 5001 ~ 0 9AV 03AI3338 I e~ / -Placing the buildings on Yankee Doodle Road, as opposed to areas of open parking will help the overall curb appeal of the development. We have had several meetings with Paster Enterprises LLC, who have proposed the new retail site adjacent to ours. In these meetings, among other issues, we have discussed access, parking, circulation, and architectural coordination. The rezone will allow for more productive and creative design among the City and to the two developers. This will result in a stronger overall area layout and smoother traffic and pedestrian flow. The rezone will allow MSP to merge seamlessly with the final plan for the adjacent site. We have attached an overall site plan of how the two proposed plans can be blended together. We envision deleting our access to Quarry road and obtaining the correct cross easements from Paster for access and parking due to any loss of stalls from drive lanes. This would link our site with theirs. Sequentially, this would give the development as a whole a better flow from one developer's site to another. This would also help with traffic flow and safety issues off of Quarry Road onto Central Parkway. Visitors would be channeled through the adjacent parking lot, then out to Quarry Road. The rezone would not have a negative effect on City services. The need for water and sewer would not be increased. The alternative use for the site under current zoning (RD) would otherwise allow for a much larger office building that would very likely have the same impact on City services. MSP strongly urges that this is a prime area that can be better utilized for the benefit of the area and the City of Eagan. This requested rezoning would afford the ability to create an integrated, user friendly and attractive development; a first class addition to a first class City. Sincerely, Alex Young Vice President r ! O I August 3, 2005 T N W D ~ P _ ° 0Z I; Pam Dudziak CO D Z Planner I City Hall 3830 Pilot Knob Road 00 K I Eagan, MN 55122 OD rn Z - `N RE: Signage Specifications/Request U N MSP/ Eagan Professional Building -o N co D Dear Ms. Dudziak: u rn ° A. Office Uses: Over the past few years we have seen the typical office user's C, - N CD o ° needs for signage and public identity change. MSP has developed and leased N ° 9 buildings since 2000 and the feedback on potential tenants that we have lost to other office buildings or retail centers has been mainly due to visibility through signage not only to attract new business but also to ease finding the location of the tenant. On some of our more recent buildings which have been a part of mixed use (retail/office) sites such as this site in Eagan, we have allowed for on- building signage, but subject to very stringent building standard rules. This has allowed us to lease to tenants that we otherwise wouldn't have due to their ability to sign the building and be seen by new clients, which of course helps to make their business successful. A very important part of the success of this proposed building will be the ability to allow the tenants the right to put their business name on the building. MSP is proposing that in addition to building address (shown on the elevation of the tower of the building), four other sections of the building (2 spaces each) are allowed to be signed by the tenants. The signage will be limited to the business identification name only, and only one building sign would be allowed per occupant. In no event will we allow more that 8 total occupants on the building. All building signage will be uniform in design, font, size and color, and will not be backlit. "Can signs" and internally lit signs shall be prohibited so as to avoid the appearance of this building as a retail center. Enclosed is a picture of how the address would appear on the building. The signage for the occupants would be of the same material and the locations are called out on the elevations also included in your package. With the ability to put occupant's names on the building, we feel that no monument sign will be needed for this building. You will notice that no monument sign is shown on the plans that we have submitted. RECEIVED AUG 0 3 2005 B. Retail Uses. The two restaurant buildings shown on site are only in for preliminary approval. Users for these buildings have not been identified yet thus, although we have reviewed the signage code for free standing restaurant buildings we are not requesting any changes to the signage code at this time, but may upon final approval once a specific restaurant user is identified. The ability to move the buildings further into the setback along Yankee Doodle Road as shown on the plans may reduce the need for pylon signage in that area. We are not therefore, requesting pylon signs for the restaurant buildings at this time. A complete signage package will be submitted for these buildings together with the final approvals when we can be more certain of the final plans. Sincerely, Alex Young Vice President, Development enclosures 67Q~ Agenda Information Memo September 6, 2005 G. ORDINANCE AMENDMENT-ZONING MAP UPDATE ACTION TO BE CONSIDERED: To approve (OR to direct findings for denial) the publication of the Zoning Map of the City of Eagan, Minnesota, pursuant to Chapter 11 Entitled "Land Use Regulations (Zoning)" Section 11.50 Subd. 5 of the City Code, incorporating all approved rezoning since the last map publication, administrative changes, corrective map errors, and 2007 MSP Noise Exposure Zones. REQUIRED VOTE FOR APPROVAL: • Majority of Council Members Present FACTS: • The official Zoning Map was last published on September 15, 2004. • At the regularly scheduled City Council meeting on August 16, 2005, the City Council initiated a Zoning Map update and waived notification requirements as required by City Code. • The proposed map incorporates all approved rezonings since the last map publication and corrective map errors. The map also includes two areas of administrative zoning changes that rezone City acquired property to Park zoning. • To be consistent with Metropolitan Council guidelines, the City of Eagan is showing the new 2007 contours on the proposed Zoning Map, including continued use of the 1-mile noise buffer zone from the 60 DNL contour. This corresponds with policy No. 6 in the Comprehensive Plan Aviation Section, which will be subsequently amended to reflect the new Met Council guidelines. • The Planning Commission held a public hearing and recommended approval of the Zoning Map Update at its regularly scheduled Planning Commission meeting on August 23, 2005. 60 DAY AGENCY ACTION DEADLINE • NA ATTACHMENTS (2): 1 Advisory Planning Commission Minutes (draft) page(s) 69 Planning staff report, pages-11pqo-pa, I~~ City of Eagan Advisory Planning Commission Meeting Minutes August 23, 2005 Page 26 G. Ordinance Amendment-Zoning Map Update 2005 Applicant Name: City of Eagan, MN Location: City of Eagan Application: Ordinance Amendment Approve the publication of the Zoning Map of the City of Eagan, MN pursuant to Chapter 11 Entitled "Land Use Regulations (Zoning)" Section 11.20 Subd. 2 of the City Code, incorporating approved rezoning since the last map publication and known errors. File Number: 01-OR-05-08-05 Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated August 17, 2005. He noted the background and history. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Member Bendt moved, Member Chavez seconded a motion to recommend approval of the City of Eagan, Minnesota Zoning Map for publication incorporating approved rezonings noted in Exhibit B, administrative changes noted in Exhibit C, corrective map errors listed in Exhibit D, and 2007 MSP Noise Exposure Zones. All voted in favor. Motion carried 7-0. VI. VISITORS TO BE HEARD (FOR THOSE NOT ON AGENDA) There were no visitors to be heard for items not on the agenda. VII. OTHER BUSINESS City Planner Ridley announced that a workshop would be held on September 8, 2005 at 5:30 p.m. VIII. ADJOURNMENT Member Bendt moved, Member Hansen seconded a motion to adjourn the Advisory Planning Commission meeting at 10:50 p.m. All voted in favor. Motion carried 7-0. Respectfully Submitted by: Steven Chavez / APC Secretary Camille Yungerberg / Recording Secretary I `l q PLANNING REPORT CITY OF EAGAN REPORT DATE: August 17, 2005 CASE: 01-OR-05-08-05 APPLICANT: City of Eagan HEARING DATE: August 23, 2005 PROPERTY OWNER: City-wide PREPARED BY: Erik Slettedahl REQUEST: City-wide Zoning Map Update LOCATION: City-wide COMPREHENSIVE PLAN: Not Applicable ZONING: All Districts SUMMARY OF REQUEST The City of Eagan is executing a yearly update of its published Zoning Map. The proposed map incorporates all zoning changes approved by the City Council from August 18, 2004 through August 16, 2005, administrative changes, corrective map errors, and 2007 MSP Noise Exposure Zones. AUTHORITY FOR REVIEW City Code Section 11.60, Subd. 2 states that zoning district boundaries are "established as shown on that certain map entitled "Zoning Map of the City of Eagan, MN", which map is properly approved and filed in the office of the city clerk, hereinafter referred to as the "zoning map". Said map and all of the notations, references and other information shown therein and are hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. The code requires that the Zoning Map be maintained and made available to the public. To approve and file the Zoning Map, the Zoning Amendment process of City Code Section 11.50, Subd. 5 shall be applied. BACKGROUNDAMSTORY At the regularly scheduled City Council meeting on August 16, 2005, the City Council initiated a Zoning Map update and waived notification requirements per City Code requirements. The last official Zoning Map was published on September 16, 2004. The City Council has since approved seven separate rezonings from August 18, 2004 through August 16, 2005. These Planning Report-Ordinance Amendment Zoning Map Update 2005 Page 2 of 3 rezonings are incorporated into the proposed map attached as Exhibit A (full size color map available at City Hall or at www.cityofeagan.com) and tabulated in Exhibit B. Administrative Changes: In April of 2000, the City approved the subdivision the Goetz property near the west side of Patrick Eagan Park and acquired the 1.2 acre Outlot A, to be incorporated into park. The property is zoned R-1-Single Family Residential and should be rezoned to P-Park to reflect is proposed use. Two parcels on the north side of Holz Farm Park, one containing a single family home, were purchased by the City of Eagan to eventually be incorporated into Holz Farm Park. The properties are currently zoned R-1-Single Family Residential and should be rezoned to P-Park to reflect its future use. The existing home on site is currently rented out by the City of Eagan and may continue its use under a legal non-conforming status with a P-Park zoning designation. Proposed administrative changes are listed in Exhibit C. Map Errors: The Dakota Electric sub-station located at the southeast corner of Yankee Doodle Rd and Wescott Woodlands was inadvertently zoned R-2-Residential Double with the last map update and should be designated PF-Public Facility to reflect its actual use. Also, it was recently discovered that six single family lots located on the west side of Canary Way, east of Lexington Ave and north of Wescott Road were never designated as PD-Planned Development, as was intended with their rezoning in 1985. The lots are shown as R-1-single family residential on the current map and should be changed to reflect their appropriately approved PD zoning, as all lots are below the minimum 12,000 sq. ft. required in the R-1 district. Corrective map errors are listed in Exhibit D. MSP Noise Exposure Zones: On June 15, 2004 the Eagan City Council adopted the final form of the Comprehensive Plan; Aviation and Airports, Section 5. Policy No. 6 within the adopted Aviation and Airports section states that the City will designate the Metropolitan Council Noise Policy Contours (MSP Noise Exposure Zones) on its zoning and comprehensive guide plan maps to inform current and prospective property owners of the presence of potential noise impacts and the existence of regulations and performance standards in those areas. In early 2005, the Metropolitan Council adopted new land use compatibility guidelines as they relate to regional air traffic as part of the 2030 Transportation Policy Plan. The new guidelines adopt noise policy areas based on the 2007 noise contours currently used within the Part 150 noise program. To be consistent with Metropolitan Council guidelines, the City of Eagan is showing the new 2007 contours on the proposed Zoning Map, including a continued 1-mile noise buffer zone from the 60 DNL contour. The City will subsequently amend the Aviation section of the Comprehensive Plan to reflect the new guidelines. l q to Planning Report-Ordinance Amendment Zoning Map Update 2005 Page 3 of 3 ACTION TO BE CONSIDERED To recommend approval of the City of Eagan, Minnesota Zoning Map for publication incorporating approved rezonings noted in Exhibit B, administrative changes noted in Exhibit C, corrective map errors listed in Exhibit D, and 2007 MSP Noise Exposure Zones. ~~7 EXHIBIT .A t` ..na _ndota Heights i I J tie ro / 1.~ Ir I~~ta ~u^ ~ - Iti fl - . l 7~dlaF htgv r \t i" [--~lLt t~ \ ~o r 'o ro ~ / s I State Perk - - - ~ Re ~ - "IFS CQ EzPS - - 1utlar~ta. p 5.V u N 155 M1 ~ r o J y _ Apple Valley ~ - Rosemount ' Legend urEaQan ZONING MAP Zoning D.algnatione, Efitate 0 RD-Resa ach MM D-top mmi City of Eagan, MN Zoning Map O RAS-S ot single Family 11P-fiusirosa Park . approved by the Eagan City Council O R R-•13-R5•$wmall Ldeersai TSirSingle roFaaFamily I-i-~Imnae industrial 2005 O R-2Aeddential Double P-Park Map September x, publication date t PF Paam Fad y September xx, 2005 ® R-4-Residential Multiple PD-Pbnnad D-lepment O LB.Umaad Business AAgrfcullun The Zoning Designations on this map are a representation of a combination of N"Gighbudloed Business Transitional Ea maps, ordinances, and City Code requirements which make up the complete City of ® gan Zoning Regulations. Information on each Planned Dew;lopment (PD) is available at - GB•mmaral Business city all. All Zoning requirements and Zoning designations on specific properties are subject to change. - CSC-Co manly Shopping Center O water For updated Zoning information, please call the Cry of Eagan Zonmg Hotline at (651) 6755686. ® CGDC".Gmw Disme O Flight of Way A-1 For outer questions related to this map. call the City of Eagan Planning Division at (651) 675-5685. Special Areas od- fOJSp.drt,w-4w sowmr,rnswon ~wYSa swwr ssao.w w.. u-w.b a..a.Yw r+.. ersla rux N.I.MmI,Yb apbsl M1e Vl1M Mw n.eMGSNU SMe C3 ae~.IUM Bduawr 11~ ' ~eYwa~~Mmu~drM nYnrn n.wwmwrp BInoY MYr MaaY YN wsYM wn n u9Mna ~ YMrrNlbb.u )NM CemMInI+Iw Yen 6P~wINU OIOi, bnlwnw F+P... enN. • pW .e Mae Net" Policy areas .E.Y..Yn:...,m.ne.m..l .r ~nmeana. r-w,4W.) w .e.Nwn]wnai se.aM ~ni+Inbaw.. rare silsp. _o_=-J .e N.n rn„m mp~~m~„a.tam,,.b.e...wn~.., an dente- oln w.Yrba.el~"Ob'ewwn z...• w i.~r u.. unY.Yeaa , Ya. eunwlw.e mm o,a.. _ _ _ ' Map date, August 16, 2005 - - - J ~n - City of Eagan, MN Exhibit B Approved Rezonings Between August 18, 2004 and August 16, 2005 Case No. Development Name/Applicant Rezoning Request Rezoned From Rezoned To Approval Date 35-RZ-11-07-04 Camp Butwin A Rezoning of approximately 88 acres from P, P PD 9/7/2004 Dori Denelie Park to PD, Planned Development and a Preliminary Planned Development to create master plans for future camp improvements and a Final Planned Development for a new lodge building and retreat center. 11-RZ-13-08-03 Clubview Addition A Rezoning of approximately five acres from A PD 10/19/2004 Max Steininger A, Agriculture to PD, Planned Development, a Preliminary Subdivision to create two lots and a Preliminary Planned Development to allow an existing home, contractors yard and a new office building. 36-RZ-15-09-04 Sweet Place A Rezoning of approximately 5.76 acres from A R-1 12/13/2004 Rich Ragatz Agriculture to R-1, Single Family Residential. 16-RZ-16-09-04 Peadmont Heights A Rezoning of approximately 12.44 acres R-2 PD 1/4/2005 Timothy L. Bohlman from R-2, Residential Double to PD, Planned Development. 36-RZ-17-12-04 Homestead Village A Rezoning of approximately 7.30 acres from A R-1 1/18/2005 Kurt Manley A, Agriculture, and R-1, Residential Single Family, to PD, Planned Development. 33-RZ-07-04-04 Steeplechase Of Eagan A rezoning of approximately 38 acres from A PD 4/19/2005 John Helmer Agriculture to Planned Development. 14-RZ-01-06-05 Cedarstone of Wescott A Rezoning of approximately 5 acres from A, A PD 8/16/2005 Pat Plautz Agriculture to PD, Planned Development. Page 1 of 1 a~ City of Eagan, MN Exhibit C Zoning Map Update 2005 Administrative Changes _ Map ID Development/Location Zoning Change Current Map Proposed Map Acres C Geotz 1" Addn. Outlot A City acquired property to be incorporated R-1 P 1.2 into Patrick Eagan Park D parcel ID 100360001004 Single family home and outlot acquired by city R-1 P 2.1 And Outlot A Manor Lake for future expansion of Holz Farm park. Addn. Parcel ID 104727501000 j/~ v u~yy I'~ I1111111IIII IuyLrJr~]V f "~Y/Sy C 7-~"I{_C-^I o IJ.7 tY Q C r C X J 0 o u OD EM D i ® Q ~CIiff=Rd o ~ o Q a ~ s~ 3 City of Eagan, MN Exhibit D Zoning Map Update 2005 Corrective Map Errors Map ID Development/Location Zoning Change Current Map Proposed Map Acres A Dakota Electric Sub-station 2004 map incorrectly shows parcel zoned R-2 R-2 PF 1.3 SE comer of Yankee Doodle Rd and Wescott Woodlands B Westbrook 1 n Addition 6 small lot single family parcels west of Canary R-1 PD Way zoned R-1 PD in 1985. A A Yankee Doodle Rd 0 %-a 0 m o lo. ~i m v b ~J C;. L) o~ Wescott Rd r ® a°~ Agenda Information Memo September 6, 2005 Eagan City Council Meeting IX. NEW RUNWAY/AIRPORT UPDATE ACTIONS TO BE CONSIDERED: This item is for informational purposes only. No formal action is needed. FACTS: Recent Neighborhood Open Houses ➢ The final neighborhood open house took place on August 18, 2005 at Pilot Knob Elementary School. Invitations were mailed to approximately 1,400 residents, and approximately 100 people were in attendance. ➢ In total, over the past ten months, there were over 1,000 Eagan residents who participated in the neighborhood open houses. Community-wide Open House ➢ A final community-wide open house will be held on Thursday, September 15 from 6:30-8:00 p.m. at the Eagan Community Center. ➢ Staff from the MAC and the City will be present, along with members of the Airport Relations Commission. ➢ There will be four stations at the open houses, including the following components: ✓ Results of the recently adopted Noise Study completed by Wyle Laboratories-grid points across the City, Number of Events (NA) and Time Above (TA) estimations, and projected DNL values. ✓ Aerial photos of the new runway, 2007 Runway Use Map, remodeling and mitigation techniques for homeowners, 2007 Contour Map, and a map showing comparable locations to observe aircraft ✓ Noise demonstration-Residents will be able to choose from ten points across the City (find the grid point closest to their home) to hear an audible example of the noise they could expect from flights using the new runway. ✓ Video loop of the MAC produced video regarding the impact of the new runway and an internet kiosk to demonstrate mapping and reporting capabilities available to the public via the MAC Web site Communications Plans Following t~he Opening of the New Runway ➢ The Airport Relations Commission will be finalizing their recommendation for the City Council at the September 12 ARC meeting with regard to communication plans following the opening of the new runway. Those recommendations will be forwarded to the City Council at the September 20, 2005 regular City Council meeting (under New Runway/Airport Update). ➢ Plans are underway for the MAC to host their next quarterly public input meeting on November 10 in Eagan. ➢ The November 10 meeting is open to all residents, and per the recommendation of the NOC, the MAC is making efforts to hold these meetings in the communities as opposed to the MAC offices, which was their past practice. ➢ With the opening of the new runway on October 27, this November meeting will be the first formal opportunity for residents to voice their opinion and ask questions of the MAC regarding the new runway, noise and environment impact, etc. ➢ Staff will inform the City Council when a location for the November 10 MAC Public Input Meeting has been determined. ad3 AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER AUGUST 16, 2005 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Direction Regarding Core Area Master Developer Development Agreement - Schafer Richardson E. NEW BUSINESS I . NORTHEAST EAGAN REDEVELOPMENT DISTRICT - Schedule Public Hearing to Consider a Development Agreement with McGough Companies and the Public Purpose of the Acquisition and Assembly of Property located on Blue Gentian Road and Blue Gentian Circle 2. SOUTHEAST EAGAN REDEVELOPMENT DISTRICT - Approve Consultant Services Agreement for Analysis of Potential Redevelopment District - LHB Corporation F. OTHER BUSINESS G. ADJOURNMENT ail+ Agenda Information Memo Eagan Economic Development Authority Meeting September 6, 2005 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. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the August 16, 2005 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the August 16, 2005 EDA meeting on pages ~ap_c~Q7 MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota August 16, 2005 A meeting of the Eagan Economic Development Authority was held on Monday, August 1, 2005 at the Eagan Municipal Center. Present were President Geagan, Commissioner Fields, Commissioner Carlson, Commissioner Tilley, and Commissioner Maguire. Also present were Executive Director Hedges, Community Development Director Hohenstein, City Planner Ridley, Director of Public Works Colbert, and City Attorney Dougherty. ADOPT AGENDA Commissioner Tilley moved, Mayor Geagan seconded a motion to approve the agenda as presented. Aye: 5 Nay:O APPROVE MINUTES Mayor Geagan moved, Commissioner Tilley seconded a motion to adopt a resolution approving the minutes of the August 1, 2005 EDA meeting as presented. Aye:5 Nay:O NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT AUTHORIZATION TO ENTER INTO NEGOTIATIONS FOR PTENTIAL ACQUISITION OF FRATTALONE ACE HARDWARE PROPERTY, 4000 SIBLEY MEMORIAL HIGHWAY Community Development Director Hohenstein discussed this item regarding the potential acquisition of the Ace Hardware property at 4000 Sibley Memorial Highway. Commissioner Maguire moved, Commissioner Tilley seconded a motion to authorize negotiations for the possible acquisition of the Frattallone Ace Hardware property at 4000 Sibley Memorial Highway as a voluntary sale to the EDA for future redevelopment purposes. Aye: 5 Nay: 0 NORTHEAST EAGAN REDEVELOPMENT DISTRICT SCHEDULE PUBLIC HEARING TO CONSIDER A DEVELOPMENT AGREEMENT WITH MCGOUGH COMPANIES AND THE PUBLIC PURPOSE OF THE ACQUISITION AND ASSEMBLY OF PROPERTY LOCATED ON BLUE GENTIAN ROAD AND BLUE GENTIAN CIRCLE Community Development Director Hohenstein recommended this item be continued, as the executed copy of the development agreement has not been received from McGough Companies. aoLP Commissioner Maguire moved, Commissioner Tilley seconded a motion to continue consideration of a development agreement with McGough Companies and the Public Purpose of the Acquisition and Assembly of Property located on Blue Gentian Road and Blue Gentian Circle to the September 6, 2005 EDA meeting. Aye: 5 Nay: 0 OTHER BUSINESS There was no other business. ADJOURNMENT Commissioner Tilley moved, Commissioner Maguire seconded a motion to adjourn the meeting at 7:55 p.m. Aye: 5 Nay: 0 Date Executive Director If you need these minutes in an alternative form such as large print, Braille, audio tape, etc, please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 6814600 (TDD phone: (612) 454- 8535. The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. i aD7 Agenda Memo Eagan Economic Development Authority Meeting September 6, 2005 1. CEDAR GROVE REDEVELOPMENT DISTRICT - DIRECTION REGARDING CORE AREA MASTER DEVELOPER DEVELOPMENT AGREEMENT - SCHAFER RICHARDSON ACTION TO BE CONSIDERED: To review the current status of the negotiations with Schafer Richardson for the Core Area redevelopment of the Cedar Grove Redevelopment District and provide direction regarding finalization of the agreement or alternatives for the area. FACTS: • In 2004, the City issued an RFP for a master developer for the core area of the Cedar Grove Redevelopment Area. As an outcome of that process, on February 1, 2005, the Council and EDA acted to: 1. Designate Schafer Richardson as Master Developer of the Cedar Grove Redevelopment District and lead in the partnership with Ryland Homes. 2. Approve the refined conceptual redevelopment plan and development program, including general land uses, layout and building types. 3. Confirm the role of the Council Finance Committee as liaison to staff for negotiation of development agreement. 4. Authorize staff to proceed with negotiation of the development agreement. • Since that time, the City's Redevelopment Group - consisting of staff, the City Attorney and representatives of Ehlers and Associates - have worked with the Schafer Richardson and their proposed housing partner, Ryland Homes, to review the developer's proforma for the project and negotiate a development agreement that would implement the City's priorities for the area as outlined in the original RFP and consider the economics associated with a redevelopment of this type. • On July 19, 2005, staff and consultants provided a status update to the Council Finance Committee indicating that some progress had been made on the development agreement, but that open issues remained including: 1. The responsibility and funding for environmental remediation. 2. The responsibility for project related, off-site public improvements. 3. The extent of affordable housing in the district and the source of funding to underwrite it. ao~I 4. The assurance that the City's priority for a hotel within the project area would be met. 5. The assurance that all construction, including the residential building types, would meet the Cedar Grove Redevelopment District architectural and finish standards. 6. The appropriate level of developer return on investment in consideration of the amount of acquisition and remediation costs the City had been asked to take on. 7. The assurance that the developer would complete all phases of the project or leave sufficient revenue in the project budget to permit the City to complete the project. • The Finance Committee concurred that the issues identified needed to be successfully resolved directed the Redevelopment Group, through the City Attorney, to pursue resolution of the issues to determine whether an agreement in concept could be achieved by August 31, 2005. • Further negotiations have occurred in the interim and the Redevelopment Group will be providing an update to the Council Finance Committee at its meeting preceding the regular City Council meeting. Based on the Committee discussion, an update and/or recommendation will be provided at Tuesday's EDA meeting. ATTACHMENTS: • Conceptual Redevelopment Plan of February 1, 2005 on page a~o ao~ ~ tV u f r L ~ On x. n.2 CU O Aa ..0 s :J Q .w.i afo Agenda Memo Eagan Economic Development Authority Meeting September 6, 2005 1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT - SCHEDULE PUBLIC HEARING TO CONSIDER A DEVELOPMENT AGREEMENT WITH MCGOUGH COMPANIES AND THE PUBLIC PURPOSE OF THE ACQUISITION AND ASSEMBLY OF PROPERTY LOCATED ON BLUE GENTIAN ROAD AND BLUE GENTIAN CIRCLE ACTION TO BE CONSIDERED: To receive the Development Agreement and schedule Public Hearing on October 18, 2005 to consider the proposed request for the use of eminent domain and approval of the Development Agreement with McGough Companies for property located in the Northeast Eagan Redevelopment District on Blue Gentian Road and Blue Gentian Circle. FACTS: • The City has taken steps to bring about the redevelopment of the Northeast Eagan Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the initiation of redevelopment activity in a portion of the district consistent with the City's plans for the area. • The City has been in discussion with the McGough Companies regarding the redevelopment of the portion of the district lying between Blue Gentian Road and the I-494/1-35E interchange for the possible construction of a multi-story class A office building. Staff and the developer have negotiated a draft development agreement to be considered by the EDA and City Council. • McGough has begun to acquire and assemble properties in the redevelopment area. Several properties have yet to be acquired that are expected to be necessary for the successful redevelopment of the overall site. • The development agreement covers issues including the level of TIF assistance that may be provided to the developer and the potential for the developer to request that the City use eminent domain to acquire the remaining parcels upon presentation of evidence of good faith efforts to do so. ATTACHMENTS: • Redevelopment District map on page o • City Attorney's memo regarding public hearing process on pagesoa 1 ti • Resolutions on pages a lS 1(„P • Development Agreement available on request. a~~ m N (p c Cl) ce d 04 w a~ o d w m o E 0 0 > _N Q, c 0 3 m m s d W m° rn O Of u. N LL L ° > il ca C Ga If 0- CO 0 I o 00 o - Jj J . ~ • Vii' ~ ..z h S~•{- .L ys ~ \ V s~fr : Co Irv- -V 8- tI I~ •~1~1>'i71 _ © i~;~=yr~ 'c ~ _ g, ffi Ply IRS 119 SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. SUITE 600 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124-7580 (952) 432-3136 TELEFAX NUMBER (952) 432-3780 E-MAIL bauerr@seversonsheldon.cm TO: Jon Hohenstein, Community Development Director CC: Gene VanOverbeke, Director of Administrative Services Tom Hedges, City Administrator FROM: Robert B. Bauer, City Attorney DATE: August 3, 2005 RE: McGough Development Agreement Our File No. 206-23506 Jon, The following is a step-by-step process that we would suggest be followed when considering, the McGough Development Agreement: • Final provisions of the Development Agreement are negotiated and McGough delivers signed copies of the Agreement for consideration by the City/EDA. • McGough should simultaneously provide the City/EDA with documentation of its good faith efforts to acquire the Other Parcels (as defined in the Development Agreement). • The agenda item for the City/EDA is to receive the Development Agreement as drafted by the City Attorney and schedule a public hearing to consider the proposed request for the use of eminent domain and approval of the developer's agreement. • The notice must be published in the City's legal newspaper at least once and not less than ten days nor more than 30 days prior to the date of the hearing. The notice must reasonably describe the property to be acquired and state that the ~ ~3 Jon Hohenstein, Community Development Director August 3, 2005 Page 2 purpose of the hearing is to consider acquisition by exercise of the EDA's power of eminent domain. • Not less than 10 days before the hearing, notice of the hearing must also be mailed to each owner of each parcel proposed to be acquired. • At the public hearing, the EDA would open the public hearing and receive public testimony. It would close the public hearing and the action, if approved, would be to direct staff to prepare the necessary findings to authorize the use of eminent domain. • At the next meeting, the EDA would adopt the resolution that would include appropriate findings of fact. documenting the developer's good faith efforts to acquire the property and the necessity for use of eminent domain to acquire the "Other Parcels" for redevelopment. • Subsequent to the action approving the use of eminent domain (at the same meeting) the Council would then approve the Development Agreement with McGough. Our office would work with the City Staff to provide the assistance in the publication as well as provide the mailed notice to the affected property owners. Should you have any questions concerning the above, please feel free to give me a call. EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION TO SCHEDULE PUBLIC HEARING TO CONSIDER A DEVELOPMENT AGREEMENT WITH MCGOUGH COMPANIES AND THE PUBLIC PURPOSE OF THE ACQUISITION AND ASSEMBLY OF PROPERTY LOCATED IN THE NORTHEAST EAGAN REDEVELOPMENT DISTRICT ON BLUE GENTIAN ROAD AND BLUE GENTIAN CIRCLE BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority receive the Development Agreement and schedule Public Hearing on October 18, 2005 to consider the proposed request for the use of eminent domain and approval of the Development Agreement with McGough Companies for property located in the Northeast Eagan Redevelopment District on Blue Gentian Road and Blue Gentian Circle. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 6 h day of September, 2005. Jon Hohenstein, Secretary/Deputy Executive Director CITY OF EAGAN RESOLUTION TO SCHEDULE PUBLIC HEARING TO CONSIDER A DEVELOPMENT AGREEMENT WITH MCGOUGH COMPANIES AND THE PUBLIC PURPOSE OF THE ACQUISITION AND ASSEMBLY OF PROPERTY LOCATED IN THE NORTHEAST EAGAN REDEVELOPMENT DISTRICT ON BLUE GENTIAN ROAD AND BLUE GENTIAN CIRCLE BE IT RESOLVED by the Eagan City Council to receive the Development Agreement and schedule Public Hearing on October 18, 2005 to consider the proposed request for the use of eminent domain and approval of the Development Agreement with McGough Companies for property located in the Northeast Eagan Redevelopment District on Blue Gentian Road and Blue Gentian Circle. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council in a regular meeting thereof assembled this 6 h day of September, 2005. Maria Petersen, City Clerk a~~ Agenda Memo Eagan Economic Development Authority Meeting September 6, 2005 2. SOUTHEAST EAGAN REDEVELOPMENT DISTRICT APPROVE CONSULTANT SERVICES AGREEMENT FOR ANALYSIS OF POTENTIAL REDEVELOPMENT DISTRICT - LHB CORPORATION ACTION TO BE CONSIDERED: To approve or deny a resolution to approve a consultant services agreement with LHB Company to perform redevelopment district eligibility analysis for the Southeast Eagan study area and authorize the execution of the agreement. FACTS: • The EDA and City Council previously approved a predevelopment agreement with Revestors Corporation and Manley Development to study the eligibility of the Southeast Eagan area bounded by Trunk Highway 3, Red Pine Lane, Biscayne Avenue and Gun Club Road as a redevelopment area for master planning purposes. • While no determination has been made at this time as to whether public financing assistance would be requested or necessary for implementation of a master plan to occur, staff is recommending that the area be analyzed using standards in the Tax Increment Financing redevelopment law with respect to lot coverage and the presence of substandard structures. The purpose for this recommendation is to establish district eligibility on the basis of objective criteria in the event that public financing assistance or property assembly assistance is determined to be necessary in the future. • The firm of LHB Company has been recommended by the City's redevelopment consultant, Ehlers and Associates, as a qualified provider of such services, a cost proposal has been submitted and a service agreement reviewed by the City Attorney's Office and is in order for consideration by the EDA and Council at this time. ATTACHMENTS: • Consulting service proposal on pages - through Qa 3---. • Resolutions on pages Of~'y through. a l-7 ' 250 Third Avenue North, Suite 450 Minneapolis, Minnesota 55401 1 612.338.2029 DRAFT Fax 612.338.2088 www.LHBcorp.com August 25, 2005 Jon Hohenstein Community Development Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 PROPOSAL FOR SOUTHEAST EAGAN TIF INSPECTION SERVICES Thank you for the opportunity to submit a proposal for the Southeast Eagan TIF inspection services. LHB is a full-service architecture and engineering firm with 150 employees in our Minneapolis and Duluth offices. Our Community Design studio has extensive experience working with local governments on their planning, design, architectural and engineering needs. Having been personally involved as a City Council President, I understand how cities function and the importance of maintaining the support of the city council and community throughout the process. PREVIOUS EXPERIENCE LHB has significant experience with a variety of inspection and facility assessment projects, including the analysis of over 30 TIF districts in the past four years. Examples include: City of Columbia Heights TIF inspection services City of St. Paul TIF inspection services City of St. Anthony Village, NW Quadrant TIF inspection services City of St. Louis Park TIF District inspection services City of Mound TIF District "1-2" inspection services City of Osseo TIF inspection services City of New Richmond, WI TIF inspection services Minnesota State Colleges and Universities system facility assessments State of Minnesota facility assessments Property Condition assessments for the St. Paul Department of Planning and Economic Development (Franklin/Emerald Neighborhood) Condition survey of every property along the I-394 corridor for the Minnesota Department of Transportation, prior to and during the construction of I-394 ADA compliance assessments for the State of Minnesota (82 buildings in 1992) Duluth, MN Minneapolis, MN 31 Proposal for Southeast Eagan TIF inspection Services Page 2 of 5 August 25, 2005 METHODOLOGY A. Survey the proposed TIF district to determine if it meets the "Coverage Test": 1. To meet the coverage test, parcels consisting of 70 percent of the area of the district must be "occupied" by buildings, streets, utilities, or paved or gravel parking lots. 2. A parcel is not considered "occupied" unless at least 15%0 of its total area contains improvements. B. Make the following attempts to inspect the interior of each building in the district: 1. Obtain property owner's consent for inspection by assisting the City in writing a letter of request (mailed by City) to building owners, and as needed: a. Make at least three telephone requests during varying times of the day and week, and if letter and telephone requests are not successful, b. Make at least two attempts to personally visit with the owner at times the owner is likely to be present. c. Document all attempts to contact the property owners. 2. Document all property conditions relative to Minnesota Statutes Section 469.174 Subdivision 10. C. Determine replacement cost for each building: 1. Replacement cost is the cost of constructing a new structure of the same square footage and type on the site. 2. A base cost will be calculated by establishing the building class, type and construction quality. 3. Identify amenities, which increase the value of the building over the standard construction quality level. 4. Review building permits for each parcel. 5. The base cost and cost of amenities will be totaled to determine the replacement cost for the property. D. Determine the existing condition of each building: 1. "Structurally substandard shall mean containing defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." E. Determine Code Deficiencies in each building: 1. Determine technical conditions, which are not in compliance with current building code applicable to new buildings. 2. Determine costs to correct identified deficiencies. 3. Compare cost of deficiency corrections to replacement value of building. 4. A building is not structurally substandard if it is in compliance with building code applicable to new buildings or could be modified to satisfy the building code at a cost of less than 15 percent of replacement cost. a1~ Proposal for Southeast Eagan TIF inspection Services Page 3 of 5 August 25, 2005 F. Prepare a final report outlining findings: 1. Prepare a tabulated spreadsheet of the entire proposed district properties conditions. 2. Prepare a written narrative analysis of the redevelopment district describing why the property within the district does or does not meet the criteria as "structurally substandard" as established in Minnesota Statutes Section 469.174, subdivision 10. 3. Deliver final reports to City staff. ASSUMPTIONS Preliminary boundaries of the prospective district include seven (7) parcels that will be analyzed for the coverage test. If the coverage test is met, three (3) buildings will require an interior inspection. The City of Eagan will provide the following: • A list of building permits issued for the parcels in the last three years. • A letter to the property owners authorizing and explaining the inspections. • Other documents as may be required to assess the condition of the buildings and determine coverage tests, including maps and GIS information with specific parcel data. • A parcel map of the area to be inspected. • A list of all parcels including owner, current known business or resident name and address. COST AND FEE STRUCTURE We propose to work on an hourly basis with the following key staff: Project Principal, Michael Fischer (TIF analysis) $172/hour Project Manager/Architect/Inspector, Jerry Putnam $110/hour Project Administrator (Property owner contacts, documentation) $60/hour Technician Assistance (if necessary) $90/hour We will work on an hourly basis with a not-to-exceed fee budget of $4,700 plus reimbursable expenses for the inspection of the 3 structures and a full report outlining the findings for the TIF district. SCHEDULE The first opening in our inspector's schedule is currently the week of September 26. Assuming full cooperation of the property owners and the City, we will complete the final report within 30 days of the start date. aao Proposal for Southeast Eagan TIF inspection Services Page 4 of 5 August 25, 2005 TERMS We propose using an AIA Document B727 (Standard Form of Agreement Between Owner and Architect for Special Services). The contract will include "limit of liability" language (equal to our fee or $10,000 maximum, whichever is greater). In addition, the contract will contain language negotiated with the city indicating that LHB and the City, acting through the City's legal representative, will, to the fullest reasonable extent, cooperate and coordinate efforts in preparing responses to any third party challenges to the inspections. TEAM CREDENTIALS Michael A. Fischer, AM -Project PrincipaIITIFAnalyst Michael has nineteen years of architectural experience as project principal, project manager, project designer and project architect on municipal planning, educational, commercial and governmental projects. He is a Vice President at LHB and currently leads the Community Design Group in LHB's Minneapolis office. Michael completed a two-year Bush Fellowship at the Massachusetts Institute of Technology in 1999, earning Masters Degrees in City Planning and Real Estate Development. Michael has served on over 35 committees, boards and community task forces, including a term as City Council President and Chair of the Duluth/Superior Metropolitan Planning organization. He is currently a Planning Commissioner in Edina, Minnesota. He was one of four architects in the country to receive the National "Young Architects Citation" from the American Institute of Architects in 1997. Jerry A. Putnam, ALA, FCSI, CCS - Project Manager/Inspector Jerry is a senior architect in LHB's Minneapolis office with twenty-five years of experience in all phases of the architectural process, from pre-design through construction administration, including specialty consulting in investigations for buildings, building condition surveys, TIF inspections, code reviews, estimating and specification writing. Jerry is an active member in the Construction Specification Institute (CSI). He has been recognized as a Fellow of CSI for his dedication and leadership in the construction industry. In addition to being past president of the largest CSI chapter in the United States, he serves on many local, regional and national committees, and has given presentations at many specification writing classes and workshops. Dennis Swartz, CSI -Inspector Dennis has over 34 years of experience as a project architect and specifier, working for clients throughout the United States and around the World. He is an active member of the Construction Specifications Institute (CSI) and is the former Treasurer of the Minneapolis-St. Paul chapter. Todd Koneczny, ALA - Project Manager/Inspector Todd has twenty-one years of design and construction experience in a wide variety of building projects for municipal, institutional, healthcare and commercial clients. His responsibilities often include project management, architectural design, construction document preparation and construction administration. His seventeen years of design experience and four years of construction management experience has given him the ability to understand all aspects of building systems and components. ~a~ Proposal for Southeast Eagan TIF inspection Services Page,5 of 5 August 25, 2005 Bruce Chalupsky, ASLA - GIS/Coverage Analysis Bruce has more than ten years of experience as a landscape architect/planner. During this time, he has specialized on site master planning for public and private clients. Bruce has also pursued specialization in Geographic Information Services (GIS) and is proficient in the administration of community data and the production of maps for a variety of needs. REFERENCES Stephen J. Bubul Kennedy & Graven 612/337-9300 Mary L: Ippel Briggs and Morgan 651/223-6620 NEXT STEP Upon acceptance of this proposal, we will draft an AIA Owner/Architect agreement for your review. Thank you for the opportunity to submit a proposal for your project. Please contact me at (612) 752-6920 if you have any questions. LHB INC. MICHAEL A. FISCHER, AIA DIRECTOR, COMMUNITY DESIGN GROUP c: TJK/MAF/JAP UWARKETING\Proposal Letters\2005\TIF Inspections\Southeast Eagan TIF Inspections 8-25-05.doc aa3 CITY OF EAGAN RESOLUTION TO APPROVE A CONSULTANT SERVICES AGREEMENT WITH LHB COMPANY TO PERFORM REDEVELOPMENT DISTRICT ELIGIBILITY ANALYSIS FOR THE SOUTHEAST EAGAN STUDY AREA AND AUTHORIZE THE EXECUTION OF THE AGREEMENT BE IT RESOLVED by the Eagan City Council to approve a consultant services agreement with LHB Company to perform redevelopment district eligibility analysis for the Southeast Eagan study area and authorize the execution of the agreement. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council in a regular meeting thereof assembled this Ob day of September, 2005. Maria Petersen, City Clerk '1 EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION TO APPROVE A CONSULTANT SERVICES AGREEMENT WITH LHB COMPANY TO PERFORM REDEVELOPMENT DISTRICT ELIGIBILITY ANALYSIS FOR THE SOUTHEAST EAGAN STUDY AREA AND AUTHORIZE THE EXECUTION OF THE AGREEMENT BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve a consultant services agreement with LHB Company to perform redevelopment district eligibility analysis for the Southeast Eagan study area and authorize the execution of the agreement. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 6 h day of September, 2005. Jon Hohenstein, Secretary/Deputy Executive Director a as~ Agenda Information Memo Eagan Economic Development Authority Meeting September 6, 2005 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. aa~