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01/03/2006 - City Council RegularAGENDA EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING January 3, 2006 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA (,4t approximately 8: 00 p.m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA -~ • ~ A. / ~ ,, qua '~ B. D. • o~ 3 E. ,~ • ~ 2. G. ~ . 3~ H. r5~ I. ~ .j 7 J. APPROVE MINUTES PERSONNEL ITEMS APPROVE CHECK REGISTERS AMEND 2006 Fee Schedule to Include Escrows for Industrial Revenue Bond Issuance, Multi-family Housing Bond Issuance and TIF Bond Issuance APPROVE City of Eagan Elected Officials Out-of--State Travel Policy ACCEPT Proposal for Insurance Broker Services RECEIVE Petition and Schedule Public Hearing for Vacation of Pubic Drainage and Utility Easements (Lot ], Block 1 Bicentennial 6`'' Addition and Lot 1, Block 2, Bicentennial 7`s Addition ACCEPT Drainage and Utility Easement, Lebanon Hills Regional Park / 1851- 1859 Covington Lane Drainage APPROVE Final Plat and Vacation of Easement - Halley's 2°d Addition - A Final Plat to Combine Two Lots (Lots 4 and 5, Block 1, Halley's Addition) into One Lot Located at 4861 Biscayne Avenue in the SE '/4 of Section 36. (This item will be continued). APPROVAL to Apply for Homeland Security Grant V. PUBLIC HEARINGS VI. OLD BUSINESS VII. NEW BUSINESS • .~ ~ A. CONDITIONAL USE PERMIT -Water Heater Innovations - A Conditional Use Permit to allow two (2) 12 x 34 silos and outdoor storage for trailers and pallets located at 3107 Sibley Memorial Highway in the NW '/4 of Section 9. ,S~ B. PLANNED DEVELOPMENT AMENDMENT -Shops at Grand Oak -Interstate Partners - A Planned Development Amendment to allow on sale liquor located at 2864 Highway 55 and a planned development amendment to allow off-sale at 2874 Highway 55 in the SE '/< of Section 2. . ~ ~ C. PRELIMINARY AND FINAL SUBDIVISION -Eagan Place 2°d Addition -Solomon Real Estate Group - A Preliminary Subdivision and a Final Subdivision of 9.42 acres to create 3 lots located at 1235 Town Centre Drive in the NE '/4 of Section 15. ~ ~ ~ D. WAIVER OF SUBDIVISION -Paul O'Connell - A Waiver of Subdivision to split a twin home lot located at 2243 and 2245 Mahogany Way in the NW '/< of Section 31. 8 ~ E. ORDINANCE AMENDMENT -City of Eagan - An Amendment to the Chapter 11, Section 11.60 Subdivision 19, to modify the uses allowed in the Park (P) Zoning District. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE • 9v A. PRESENTATION -Dakota Future Economic Development Partnership -Bill Coleman IX. ADMINISTRATIVE AGENDA A. Comments by City Council, City Administrator, and Department Heads X. 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 B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURNMENT XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIH. 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. To: From: Date: Subject: City of Eagan demo HONORABLE MAYOR & COUNCILMEMBERS CITY ADMINISTRATOR HEDGES DECEMBER 30, 2005 AGENDA INFORMATION FOR JANUARY 3, 2006 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the January 3, 2006 City Council agenda, the following items are in order for consideration. Agenda Information Memo January 3, 2006 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the December 20, 2005 regular City Council meeting and the December 12, 2005 special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the December 20, 2005 regular City Council meeting are enclosed on pages through ~. • Minutes of the December 12, 2005 special City Council meeting are enclosed on pages ~I through /~. MINUTES OF A REGULAR MEETING OF THE ®R A F T EAGAN CITY COUNCIL Eagan, Minnesota December 20, 2005 A Listening Session was held December 20, 2005 at 6:00 p.m. prior to the regular City Council meeting. Mayor Geagan and Councilmembers Tilley, Carlson, Maguire and Fields were present. A regular meeting of the Eagan City Council was held on December 20, 2005 at 6:30 p.m. at the Eagan Municipal Center. Present were Councilmember Fields (serving as Acting Mayor), and Councihnembers Tilley, Maguire and Carlson. 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 Intern Genee Walz. AGENDA Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye:4 Nay:O RECOGNITIONS AND PRESENTATIONS STANDARD & POORS BOND RATING UPGRADE TO AA+ Dave MacGillivray made a presentation regarding the City's bond rating up grade to AA+. Acting Mayor Fields accepted. CONSENT AGENDA Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the consent agenda as presented, without Item S. Item S was moved to Administrative Agenda. Aye: 4 Nay: 0 A. Minutes. It was recommended to approve the minutes of the December 5, 2005 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve a 3% annual wage adjustment to the 2006 non union Compensation Plan for regular non-collective bargaining employees, effective the payroll period closest to January 1, 2006. 2. It was recommended to approve a 3% adjustment to the City Administrator's and Director's car allowances. 3. It was recommended to adjust the 2006 City Administrator compensation to the top step of Level 20, completing the implementation of the State salary cap change. 4. It was recommended to approve an annual wage adjustment to the Parks and Recreation 2006 Seasonal Compensation Plan, between 0% and 3%. 5. It was recommended to approve a compensation rate adjustment between 0% and 3% for temporary, seasonal, and recurring non-collective bargaining employees. 6. It was recommended to adopt the IRS mileage reimbursement rate of 44.5 cents per mile, effective January 1, 2006 (the current rate is 48.5 cents per mile). Should the IRS adjust this amount, upward or downward, the City's reimbursement will automatically adjust to the new rate. 7. It was recommended that the City's contribution for family health insurance premiums will increase by 50% of the total dollar increase to the blended rate for 2006. C. Check Registers. It was recommended to ratify the check registers dated December 5, 2005 and December 12, 2005 as presented. D. Request for Proposals. It was recommended to authorize staff to advertise Request for Proposals for placement of ATM machines at Cascade Bay, Civic Arena, Eagan Community Center and/or other city facilities as deemed appropriate by the City Council. E. Acceptance of FEMA Assistance. It was recommended to authorize acceptance of the FEMA Assistance to Firefighters Grant -Exhaust Filtration System. F. Lease A reement. It was recommended to approve a Lease Agreement between the City of Eagan and Eagan Convention and Visitors Bureau. Eagan City Council Meeting Minutes December 20, 2005 Page 2 ®RAFT G. OueratingAgreement. It was recommended to approve a new operating agreement with Eagan Convention and Visitors Bureau. H. 2006 Public Utilities Enterprise Fund Budd It was recommended to approve the proposed 2006 budgets for the Public Utilities Enterprise Fund: (Water, Sanitary Sewer, Streetlighting, and Storm Drainage/Water Quality. I. 2006 Special Revenue Funds Bud ets. It was recommended to approve the 2006 Special Revenue Funds Budgets, including the Enhanced 9-1-1 Fund, Housing Fund„ DUI Forfeiture Fund, Economic Recovery Fund, and Cable TV Franchise Fees Fund. J. 2006 Budgets for Burnsville/Eagan Telecommunications Commission and Burnsville/Eagan Community Television. It was recommended to approve the 2006 Burnsville/Eagan Community Television Budget and the 2006 Burnsville/Eagan Telecommunications Budget. K. Change in Ownership -Liquor License. It was recommended to approve a change in business structure (ownership) of off-sale liquor license from Phuong Nguyen and La Truong, dba T.L. Liquors (Partnership) to International Business Enterprises, Inc., dba T.L. Liquors (Corporation). L. Liquor License Renewal. It was recommended to approve the on-sale 3.2 percent malt liquor license renewal for M. Cheng, Inc. dba Hong Wong, 2139 Cliff Road. M. Telecommunications Lease. It was recommended to approve a telecommunications lease with Voicestream Inc., to allow for the placement of ground equipment on City property under a tower on the Highline Trail and authorize the signature of the Mayor and Clerk on said lease. N. Settlement Agreement. It was recommended to approve the settlement agreement for Cascade Bay restoration and repairs and authorize the Mayor and City Clerk to execute all documents. O. 2006 Consulting Engineering Rates. It was recommended to approve an amendment to the Fee Schedule Appendix for the current Consulting Engineering Contracts for services to be provided in 2006. P. Project 03-N. It was recommended to approve an extension to the completion schedule established in the Development Agreement for Project 03-N (Nicols Ridge). Q. Project 933. It was recommended to receive the Draft Feasibility Report for Project 933 (Town Centre Drive / O'Leary Lane / Golfview Drive -Street Revitalization) and schedule a public hearing to be held on January 17, 2006. R. Project 771. It was recommended to approve an Easement Agreement for Project 771 (Lexington Avenue - Street Upgrade and Traffic Signal Improvemetns0 with the owner of Parcel No. 10-22516-010-01 and authorize the Mayor and City Clerk to execute all related documents. S. Findings of Fact. It was recommended to adopt the resolution approving the Findings of Fact for revocation of the Conditional Use Permit for outside storage on Lot 3, Block 1, Halley's 15` Addition located at 4871 Biscayne Avenue. (Pulled and moved to Administrative Agenda). T. Amendment to Zoning Ordinance. It was recommended to authorize Staff to initiate an Amendment to the City Zoning Ordinance for implementation of the Minneapolis-St. Paul International Airport Zoning Ordinance. U. 2006 Joint Powers Agreement. It was recommended to approve the 8-City Joint Powers Agreement for Street Maintenance Contractual Services and authorize the Mayor and City Clerk to execute all related documents. V. Ayylication for CDBG Funding_ It was recommended to adopt a resolution authorizing the City Administrator to submit the Community Development Block Grant (CDBG) Program applications for 2006 to the Dakota County Community Development Agency. PUBLIC HEARING 2005 (PAYABLE 2006) PROPERTY TAX LEVY City Administrator Hedges discussed the 2005 property tax levy. Acting Mayor Fields opened the public hearing. There being no public comment, she closed the hearing and turned discussion back to the Council. Eagan City Council Meeting Minutes December 20, 2005 Page 3 ®R~FT Councihnember Maguire moved, Councihnember Tilley seconded a motion to approve the proposed 2005 (payable 2006) property tax lery as follows: General Revenue: Aye:4 Nay: 0 General Fund $ 18,225,400 Equipment Revolving Fund 862,324 Gen Facilities R/R Fund 127,629 Major Street Fund 1,188,392 Market Value Homestead Cr. 1.153.562 Subtotal General Revenue 21,557,307 Debt service: Community Center bonds 1,202,093 Total City-wide Lery 22.759.400 Cedarvale Special Services Dist. 00 PROPOSED 2006 GENERAL FUND BUDGET City Administrator Hedges discussed the 2006 General Fund Budget. Acting Mayor Fields opened the public hearing. There being no public comment, she closed the hearing and fumed discussion back to the Council. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the proposed 2006 General Fund budget. Aye: 4 Nay: 0 Councihnember Tilley moved, Councilmember Maguire seconded a motion to approve the 2006 expenditures in the total amount of $178,900 appropriated from the General Fund balance for: • Noise study (Part II) $30,000 • Police CJIIN Project 45,500 • Police Automatic Vehicle Locator 19,400 • HiPP Central Dispatch start-up costs 75,000 • HiPP Dispatch technology needs assessment 9,000 Aye:4 Nay:0 $178,900 PROPOSED 2006 CEDARVALE SPECIAL SERVICES DISTRICT BUDGET City Administrator Hedges discussed the 2006 Cedarvale Special Services District Budget. Acting Mayor Fields opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the proposed 2006 Cedarvale Special Services District Fund budget. Aye: 4 Nay: 0 PROJECT 888, CEDAR GROVE PARKWAY TRAIL AND LIGHTING IMPROVEMENTS City Administrator Hedges stated that due to ongoing negotiations with US Homes/Lennar regarding the purchase of several parcels from the Eagan Economic Development Authority for future additions to the Nicols Ridge development, staff requests that the Public Hearing be continued to January 17, 2006 for Council consideration. Eagan City Council Meeting Minutes ®R A F 4 December 20, 2005 Page 4 Acting Mayor Fields asked if there was anyone present for the item. Being no one present, she returned discussion to the Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to open and continue the Public Hearing for Project 888 (Cedar Grove Parkway -Trail and Lighting Improvements) Public Hearing until January 17, 2006. Aye:4 Nay: 0 PROJECT 932, SLATER ROAD / SHISPERING WOODS / SLATER ACRES /OAK CLIFF PONDS ADDITIONS STREET REVITALIZATION City Administrator Hedges introduced this item regarding the street revitalization project for Slater Road / Whispering Woods / Slater Acres /Oak Cliff Ponds Additions. Acting Mayor Fields asked if anyone was present for the item. There being no one present, she asked for a brief presentation by staff. Assistant City Engineer Gorder gave a staff report. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve Project 932 and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0 PROJECT 931, ART RAHN / HILLANDALE ADDITIONS STREET REVITALIZATION City Administrator Hedges introduced this item regarding street revitalization for Art Rahn / Hillandale Additions. Public Works Duector Colbert gave a staff report. Acting Mayor Fields asked if anyone was present for the item. There being no one present, she asked for a brief presentation by staff. Assistant City Engineer Gorder gave a staff report. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve Project 931 and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 0 WETLAND DELINEATION SALEM COMMUNICATIONS City Administrator Hedges introduced this item regarding the Wetland Delineation Report for 2110 Cliff Road. Public Works Director Colbert gave a staff report. Acting Mayor Fields opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Maguire seconded a motion to receive and affirm the Wetland Delineation Report for Parcel No. 10-03100-012-03. Aye: 4 Nay: 0 OLD BUSINESS 2006 FEE SCHEDULE City Administrator Hedges discussed the proposed 2006 Fee Schedule. Acting Mayor Fields asked if Holz Farm would require a rental deposit. Parks and Recreation Duector Johnson replied that yes, like all other facilities, a rental deposit would be required. Councilmember Tilley moved, Councilmember Carlson seconded a motion to adopt a resolution approving the 2006 Fee Schedule establishing fees for various City services, supplies and materials. Aye: 4 Nay: 0 ~~ Eagan City Council Meeting Minutes December 20, 2005 ~ R A F T Page 5 PUBLIC WORKS COMMITTEE REPORT DIFFLEY MARKET PLACE -ACCESS City Administrator Hedges discussed the recommendation of the Public Works Committee regarding the Diffley Market Place access. Public Works Director Colbert noted summary of the Public Works Committee meeting in the packet. Councihnember Maguire, as chair of the Committee meeting, highlighted the outcome of the meeting. Councilmember Carlson moved, Councihnember Tilley seconded a motion to accept the recommendation of the Public Works Committee to appeal the County Plat commission's October 31 denial of the submitted preliminary plat/site plan modified by the October 6 Council conditions and take appropriate action as necessary. Aye:4 Nay:O There was none. LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE ADMINISTRATIVE AGENDA City Administrator Hedges noted an executive session will be held following the Council meeting to discuss the Nolan case. EASEMENT VACATION -LOT 2, BLOCK 1, CLIFF LAKE CENTRE arm ADDITION Public Works Director Colbert discussed a proposed easement vacation for Lot 2, Block 1, Cliff Lake Centre 3rd Addition. He stated that notices for a public hearing will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. Acting Mayor Fields moved, Councilmember Tilley seconded a motion to receive the petition to vacate a portion of a public drainage and utility easement and schedule a public hearing to be held on January 17, 2006. Aye: 4 Nay: 0 ITEM S FROM CONSENT AGENDA: FINDINGS OF FACT City Administrator Hedges discussed the resolution approving the Findings of Fact for revocation of the Conditional Use Permit for outside storage on Lot 3, Block 1, Halley's 15` Addition located at 4871 Biscayne Avenue. Council discussed an appropriate timeframe for Mr. Mellon of Magnum Towing to remedy all non-compliant items on his property. Councihnember Tilley moved, Councilmember Carlson seconded a motion acknowledging receipt of a letter dated December 14, 2005 from Mr. Mellon and to adopt a resolution approving the Findings of Fact for revocation of the Conditional Use Pemut for outside storage on Lot 3, Block 1, Halley's 15` Addition located at 4871 Biscayne Avenue with the amendment changing the date of removal from February 1, 2006 to May 31, 2006 (page 5 of the Resolution). Aye:4 Nay:O The City Council meeting was recessed at 7:10 p.m. to immediately convene a meeting of the Economic Development Commission. The regular City Council meeting was reconvened at 8:47 p.m. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Maguire moved, Councihnember Tilley seconded a motion to adjourn the regular City Council at 8:47 p.m. Aye: 4 Nay: 0 Eagan City Council Meeting Minutes December 20, 2005 Page 6 Date ~~A F T 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. MINUTES SPECIAL CITY COUNCIL MEETING DECEMBER 12, 2005 5:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, Maguire and Tilley. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Community Development Hohenstein, City Planner Ridley, Director of Communications Garrison, Director of Administrative Services VanOverbeke and Administrative Intern Walz. I. ROLL CALL AND AGENDA ADOPTION Councilmember Tilley moved; Councilmember Maguire seconded a motion to adopt the agenda as presented. Aye: 5, Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. III.2006 BUDGETS /RESPONSE TO COUNCIL INQUIRIES City Administrator Hedges introduced the item noting that the Council raised a few questions regarding the 2006 budgets this past fall, to which staff is now bringing back responses for Council discussion. City Administrator Hedges summarized the proposed consulting services/fees for the Technology Working Group. It was noted that the originally proposed budget allocation of $49,500 for consulting services to conduct a business feasibility plan and engineering study has since been reduced to $21,500. The City Council requested that when the feasibility plan and engineering study are completed, that staff also present to the Council the operating and marketing expenses associated with the plan. City Administrator Hedges provided an overview of the 2006 health insurance costs for the City. Hedges also highlighted the findings of the Joint Health Insurance Committee of the High Performance Partnership (HiPP) Project with communities in Dakota County. Hedges also added, that while consulting is currently underway with the joint health insurance committee, the City remains on its own with regard to health insurance coverage. City Administrator Hedges summarized questions the Council previously raised with regard to the General Fund fund balance. Hedges noted that at the August 9, 2005 Special City Special City Council Minutes December 12, 2005 Page 2 Council meeting, the Council requested a detailed report on how the fund balance has increased and what funds are included in the State Auditor's calculation of the fund balance. Hedges provided a summary of the differences in how the City and the State Auditor's office define the fund balance. The City Council discussed the use of the fund balance to pay off existing debt. Director of Administrative Services VanOverbeke summarized the various uses of the fund balance and the impact of the fund balance on City bond ratings. The City Council directed staff to review the CIP and existing debt to provide options to the City Council on how the fund balance could be used for purchases and/or debt payoff. The Council requested that this information be presented in increments, i.e., what expenses could be paid offwith the fund balance if the City preserved a 39 percent fund balance, 38 percent, etc. City Administrator Hedges provided an overview of the difference between the 2004 Community Center budget actual numbers and the 2004 budgeted numbers. Mr. Hedges noted that the final consideration of the 2006 General Fund Budget will take place at the December 20, 2005 City Council meeting. IV. PRELIMINARY REVIEW OF 2006 CDBG APPLICATION City Administrator Hedges introduced the item noting that the US Department of Housing and Urban Development (HUD) provides block grant funding for programs that conform to national objectives and eligible activities that meet Community Development Block Grant (CDBG) Program regulations. Hedges added that the City of Eagan's CDBG allocation is administered through a subrecipient agreement with the Dakota County CDA. Hedges noted that Eagan's fiscal year 2006 available funding amount will be approximately $215,500, an estimated 10 percent reduction from the 2005 CDBG funding level. Director of Community Development Hohenstein summarized the uses of the 2005 CDBG funding and presented a list of proposed items for CDBG funding in 2006. There was City Council consensus to allocate $11,000 to Youth and Family Development Services, $25,000 to a park structure in Carnelian Park, with the remaining balance of the funding going towards the Cedar Grove Redevelopment Area, which will include funding towards acquisition, relocation, and demolition. The City Council briefly discussed a Rental Housing Inspection Pilot Program. The Council requested that staff provide the City Council with a summary of the rental housing programs currently in place in other communities, including the City of Burnsville. Community Development Hohenstein noted that a resolution regarding the 2006 CDBG funding will be brought back to the City Council at the December 20, 2005 City Council meeting. V. CONVENIENCE GAS CANOPY SIGNAGE City Administrator Hedges introduced the item noting that the Council formally discussed this item at the September 20, 2005 and November 1, 2005 City Council meetings. / 1J Special City Council Minutes December 12, 2005 Page 3 Hedge noted that the City Council previously requested the City Attorney research whether LED canopy signage could be restricted to gasoline prices only. Hedges added that the attorney has stated that canopy signage can be restricted. Community Development Director Hohenstein provided an overview of the attorney's findings and the options available to the City Council. Tom Nelson from IdentiGraphics addressed the Council and noted that the locations where they are requesting the canopy signage is at gas stations that currently do not have their own pylon signs. The City Council discussed the request of Mr. Nelson. There was City Council consensus to support the current code interpretation that does not allow gas station canopy signage other than corporate names and logos. The Council directed staff to work with Mr. Nelson to attempt to improve the signage at the locations of his gas stations by working within our current City ordinance. Per the direction of the Council, staff will follow up on the City Attorney's recommendation to amend the City Code to formally codify that interpretation. VI. ARCHITECTURAL EXTERIOR DESIGN STANDARDS FOR COMMERCIAL/INDUSTRIAL DEVELOPMENT City Administrator Hedges indicated that, at the request of the City Council, a draft ordinance regarding exterior design standards for commerciaUindustrial development has been drafted by the staff and Advisory Planning Commission. Hedges added that this item is intended as a check point to determine how the City Council would like to proceed. Upon discussing the draft ordinance, the City Council directed staff to proceed with the ordinance amendment process, beginning with formal APC consideration. VII. BUILDING SIZE/SCALE STANDARDS City Administrator Hedges introduced the item noting that Councilmembers have asked that information be gathered pertaining to building size and scale. Director of Community Development Hohenstein summarized the research that staff conducted, including other cities' bulk standards. Hohenstein added that bulk standards include minimum building and parking setbacks, green space, off-street parking and maximum building coverage and height. The City Council discussed options associated with the City's bulk standards. There was City Council consensus that the City should limit the square footage of buildings in areas zoned as Neighborhood Business (NB). The Council added that if a developer was seeking additional square footage, the developer could ask for a Conditional Use Permit. The Council suggested that the APC consider setting the maximum size for a building in the NB district at 25,000 s.f. and that buildings larger than that would require a CUP. The City Council directed this item to the APC for consideration of an ordinance amendment to Chapter 11. ~~ Special City Council Minutes December 12, 2005 Page 4 VIII. CEDAR GROVE REDEVELOPMENT DISTRICT -REVIEW CEDAR GROVE REDEVELOPMENT PLANS / SCHAFER RICHARDSON City Administrator Hedges introduced the item noting that the purpose of tonight is to review a presentation regarding the proposed redevelopment plan for the Cedar Grove Redevelopment District core area, to review the proposed Tax Increment Financing Development Agreement, and to identify any additional information that maybe necessary in order to consider the plan and agreement at the public hearing on the December 20, 2005 EDA agenda. Hedges added that the product being considered tonight is a result of many meetings by City Council and Cedar Grove stakeholders over the past few years. Hedges also added that a neighborhood meeting was recently held on December 8, 2005 regarding the proposed plans. City Administrator Hedges recognized the consultants and interested parties in the audience. Community Development Director Hohenstein briefly overviewed the activities associated with the Cedar Grove Redevelopment to date and referred the City Council to the deal points in the packet that summarize the development agreement. He introduced David Frank of Schafer Richardson, as well as the other consultants working on the Cedar Grove Redevelopment Project who were in attendance. David Frank of Schafer Richardson presented a proposed concept plan for the Cedar Grove area. Mr. Frank noted that per the direction of the City Council, Ryland Homes is currently customizing their proposed product for the area to meet the Cedar Grove District Standards for architecture and finish materials. Mr. Frank also highlighted the proposed phasing of the projects, while noting that the phasing is dependent upon property acquisition, market forces, etc. and therefore the timing of the phasing could change. The City Council discussed the proposed plan and phasing. Director of Community Development Hohenstein summarized the City's approach to property acquisition in the Cedar Grove area. Hohenstein also provided a summary of feedback received from the neighborhood meeting held on December 8. The City Council discussed water features and public places within the area. The Council asked if it would be possible to add a water feature (e.g. fountain) to the holding ponds along Highway 13. Director Hohenstein noted that he would inquire into the water feature, including the cost, with Public Works Director Colbert. The City Council discussed the financing of the affordability components within the project area. Director Hohenstein summarized how the City and the developer reached the 20 percent affordability mark. The City Council voiced their hope that the public places within the project stay intact throughout the phasing of the project. Director Hohenstein noted that each phase of the development would come through the City's regular development process for consideration. The Mayor and City Council thanked the consultants for their work on the project. Mayor Geagan noted that a public hearing on the proposed plan and proposed Tax Increment ~~ Special City Council Minutes December I2, 2005 Page 5 Financing Development Agreement will take place at the December 20, 2005 City Council meeting, under the Economic Development Authority (EDA) agenda. IX. OTHER BUSINESS There was no other business. X. ADJOURNMENT Councilmember Maguire moved; Councilmember Tilley seconded a motion to adjourn at 7:405 p.m. Aye: 5; Nay: 0 r/ Agenda Information Memo January 3, 2006 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Part-time Seasonal Winter Recreation Leaders-- ACTION TO BE CONSIDERED: To approve the hiring of Michael Hemmingson, Cody Johnson, Chris Kantor, Ngoc Ly and Jennie Schorn as part-time seasonal winter recreation leaders. Item 2. Part-time Seasonal BroomballBoot Hockey Officials-- ACTION TO BE CONSIDERED: To approve the hiring of Randy Boyden, Mike Boyer and Keith Wallace aspart-time seasonal broombalUboot hockey officials. Item 3. Part-time Seasonal Basketball Scorekeeper-- ACTION TO BE CONSIDERED: To approve the hiring of Brian Schlichting as a part-time seasonal basketball scorekeeper. Item 4. Part-time Guest Services RepsCommunity Center-- ACTION TO BE CONSIDERED: To approve the hiring of Andrea Eknes and Pam Bersie as part-time guest services reps at the Community Center. Item 5. Health Care Savings Plan Policy-- ACTION TO BE CONSIDERED: To approve the revised Health Care Savings Plan policy. FACTS: • The HCSP was implemented 2 years ago. The vendor (Minnesota State Retirement System) requires a review of the plan by its participants every 2 years in order to address any desired modifications or to acknowledge status quo. • The policy language was reviewed and revised by those participating in the plan. These revisions vary between the employee groups within the plan. • Minor modifications were made to the language in order to reflect when new employees are eligible and when current participants experience an increase in their contribution. /~ Agenda Information Memo January 3, 2006 Eagan City Council Meeting • Per the direction of the Council when the HCSP was initially offered, the HCSP continues to be entirely employee funded. ATTACHMENTS (1): • Enclosed on pages ~ through v~ is a copy of the revised Health Care Savings Plan policy. ~~ Revised Policy 12/01/05 SECTION THIRTY-EIGHT HEALTH CARE SAVING PLAN 38.1 Regular employees of the City of Eagan who are scheduled to work 30 or more hours per week may participate in a Health Care Savings Plan (HCSP) as members of specific employee groups. 38.2 The specific groups are: a. Department Directors b. FLSANon-Exempt Non-Collective Bargaining Employees, Levels 1-6 (Compensation Ranges A-F under former system), who are scheduled to work thirty or more hours per week c. FLSA Non-Exempt Non-Collective Bargaining Employees, Levels 7-9 (Compensation Ranges G-I under former system), who are scheduled to work thirty or more hours per week d. FLSA Non-Exempt Non-Collective Bargaining Employees, Levels 10-11 (Compensation Ranges J-K under former system), who are scheduled to work thirty or more hours per week e. FLSA Exempt Non-Collective Bargaining Employees, Levels 7-9, (Compensation Ranges F-H under former system) f. FLSA Exempt Non-Collective Bargaining Employees, Levels 10-12 (Compensation Ranges I-K under former system), g. FLSA Exempt Non-Collective Bargaining Employees, Levels 13-16 (Compensation Ranges L-O under former system), h. Clerical Collective Bargaining Unit i. Dispatcher Collective Bargaining Unit j. Public Works/Parks Maintenance Collective Bargaining Unit k. Police Collective Bargaining Unit 1. Sergeants' Collective Bargaining Unit 38.3 Each group will separately determine whether the group wishes to participate in a HCSP. 38.4 If a group chooses to participate, the group will determine the standard amount and type of contribution every employee in that group will make. 38.5 Department Directors 38.5.1 Positions Required to Participate in the Department Director Work Group HCSP Program: City Administrator, Director of Communications, Director of Administrative Services, Manager of Human Resources, Director of Parks and Recreation, Director of Community Development, Director of Public Works, Chief of Police, and Fire Chief. ~[o Revised Policy 12/01/05 38.5.2 Salary Contribution: Year of Service* Year 1-5 Yeaz 6-10 Yeaz 11-15 Year 16-20 Year 21 + of salary to be contributed 1% 2% 3% 4% 5% *Yeazs of Service shall be based on years of participation in a public retirement system, which will be determined by the employee and the Manager of Human Resources upon being hired. a. A department director's salary contribution will commence upon hire. An adjustment to an increased salary contribution will be made in January of the year in which a department director's anniversary in a public retirement system takes place (e.g. if a department director's 15'h anniversary in a public retirement system occurs in June of 2006, he/she will be beginning the 16~h year of service and thus will make a salary contribution of 4% beginning in January of 2006). 38.5.3 Severance: If a department director voluntarily separates from the City, a contribution of 100% of severance pay shall be allocated to the HCSP. (Severance shall be defined as per Section 14.7 of the Personnel Policy) 38.5.4 Vacation: If a department director voluntarily sepazates from the City, a contribution of 100% of unused vacation shall be allocated to the HCSP. 38.5.5 Plan Provisions: This group's HCSP shall be reviewed by the group every two years. 38.6 FLSANnn-Exempt Non-Collective Bargaining Employees, Levels 1-6 (Compensation Ranges A-F under former system), who are scheduled to work thirty or more hours per week. 38.6.1 Salary Deduction: 1 % of an employee's gross salary will be allocated to the Health Care Savings Plan (HCSP) upon hire. 38.6.2 38.6.2 Severance: When an employee in this group voluntarily separates from the City, a contribution of the following appropriate amount of severance will be allocated to the Health Care Savings Plan . (Severance shall be defined as per Section 14.7 of the Personnel Policy). 38.6.3 Year of Service* Year 1-4 Year 5-15 Year 16+ of severance to be allocated 0% 50% 100% *Yeazs of service shall be based on the total number of years that an employee has /7 Revised Policy 12/01/05 worked for the City of Eagan. Year 1 begins on the first day of employment at the City of Eagan. a. An adjustment to an increased contribution percentage will be made based on the employee's anniversary date (first day of employment at the City of Eagan). For example, if an employee's 15`" anniversary at the City occurs on June 20, 2006, he/she will be beginning the 16`h year of employment on that date, and thus 100% of the employee's severance, upon sepazation, would be allocated to the HCSP from June 20, 2006 and forward. 38.6.3 Vacation: Year of Service* Year 1-4 Year 5-15 Year 16+ of vacation to be allocated 0% 25% 50% *Yeazs of service shall be based on the total number of years that an employee has worked for the City of Eagan. Year 1 begins on the first day of employment at the City of Eagan. a. An adjustment to an increased contribution percentage will be made based on the employee's anniversary date (first day of employment at the City of Eagan). For example, if an employee's 15`'' anniversary at the City occurs on June 20, 2006, he/she will be beginning the 16"' yeaz of employment on that date, and thus 50% of the employee's vacation, upon sepazation, would be allocated to the HCSP from June 20, 2006 and forward. 38.6.4 Plan Provisions: This group's HCSP shall be reviewed by the group every two years. 38.7 FLSA Non-Exempt Non-Collective Bargaining Employees, Levels 7-9 (Compensation Ranges G-I under former system), who are scheduled to work thirty or more hours per week. 38.7.1 Salary Deduction: 1 % of an employee's gross salary will be allocated to the Health Care Savings Plan (HCSP) upon hire. 38.7.2 Severance: If an employee in this group voluntarily separates from the City, a contribution of 75% of severance will be allocated to the Health Care Savings Plan . (Severance shall be defined as per Section 14.7 of the Personnel Policy) 38.7.3 Plan Provisions: This group's HCSP shall be reviewed by the group every two yeazs. 38.8 FLSANnn-Exempt Non-Collective Bazgaining Employees, Levels 10-11 /~ Revised Policy 12/01/05 (Compensation Ranges J-K under former system), who are scheduled to work thirty or more hours per week. 38.8.1 Salary Deduction: 1 % of an employee's gross salary will be allocated to the Health Care Savings Plan (HCSP) upon hire. 38.8.2 Severance: If an employee in this group voluntarily separates from the City, a contribution of 100% of severance will be allocated to the Health Care Savings Plan . (Severance shall be defined as per Section 14.7 of the Personnel Policy) 38.8.3 Plan Provisions: This group's HCSP shall be reviewed by the group every two years. 38.9 FLSA Exempt Non-Collective Bargaining Employees, Levels 7-9 (Compensation Ranges F-H under former system) 38.9.1 Salary Deduction: $20/pay period will be deducted from each employee's pay check (pre-tax) and allocated to the Health Care Savings Plan (HCSP) upon hire. 38.9.2 Severance: If an employee in this group voluntarily separates from the City, a contribution of 100% of severance will be allocated to the Health Care Savings Plan . (Severance shall be defined as per Section 14.7 of the Personnel Policy) 38.9.3 Plan Provisions: This group's HCSP shall be reviewed by the group every two years. 38.10 FLSA Exempt Non-Collective Bargaining Employees, Levels 10-12 (Compensation Ranges I-K under former system) 38.10.1 Salary Deduction: 1 % of an employee's gross salary per pay period will be allocated to the HCSP upon hire. 38.10.2 Severance: If an employee in this group voluntarily separates from the City, a contribution of 75% of severance will be allocated to the Health Care Savings Plan . (Severance shall be defined as per Section 14.7 of the Personnel Policy) 38.10.3 Vacation: If an employee in this group voluntarily separates from the City, a contribution of 100% of unused vacation time at the time of separation from the City will be allocated to the Health Caze Savings Plan. /9 Revised Policy 12/01/05 38.10.4 Plan Provisions: This group's HCSP shall be reviewed by the group every two years. 38.11 FLSA Exempt Non-Collective Bargaining Employees, Levels 13-16 (Compensation Ranges L-O under former system) 38.11.1 Salary Deduction: Year of service* Year 1-10 Year 11-14 Year 15-19 Year 20-24 Year 25+ Definition Beginning in Commencing Commencing Commencing Commencing the first yr of the l lo' yr of the 15°i yr of the 20t° yr of the 25~' yr of service service through service through service through service and through the the 14~' yr of 19`h yr of 24`~ of service. beyond. 10`~ yr of service. service. service. of salary to be 1.5% 2.5% 3% 3.5% 4% contributed *Year of service is based on the total number of years that an employee has worked for the City of Eagan. Year 1 begins on the first day of employment. a. The employee's salary contribution will commence upon hire. An adjustment to an increased salary contribution will be made in January of the year in which the employee's 10th, 14th, 19th, and 24cn anniversary takes place. Example; if an employee's 14th anniversary occurs in June of 2006 they will be beginning their 15th year of service and will increase from 2.5% to 3% beginning in January of 2006. 38.11.2 Severance: If an employee in this group voluntarily separates from the City, a contribution of 100% of severance will be allocated to the Health Care Savings Plan . (Severance shall be defined as per Section 14.7 of the Personnel Policy) 38.11.3 Vacation: If an employee in this group voluntarily separates from the City, a contribution of 100% of unused vacation time at the time of separation from the City will be allocated to the Health Care Savings Plan 38.11.4 Plan Provisions: This group's HCSP shall be reviewed by the group every two years. ~~ Agenda Information Memo January 3, 2006 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated December 22, 2005 and December 29, 2005 as presented. ATTACHMENTS: • Check registers dated December 22, 2005 and December 29, 2005 are enclosed without page number. ai Agenda Information Memo January 3, 2006 Eagan City Council Meeting D. Amend 2006 Fee Schedule to include escrows for industrial revenue bond, multi-family housing bond, and tax increment bond issues. ACTION TO BE CONSIDERED: To amend the 2006 Fee Schedule to include escrows for industrial revenue bond, multi-family housing bond, and tax increment bond issues. FACTS: • The City Council approved the 2006 Fee Schedule at its December 20, 2005 meeting. • The above-referenced escrows were inadvertently omitted from the proposed fee schedule. • The proposed escrows are primarily to cover the City's bond counsel fees when the City is acting as a conduit for private debt issuance. On average, the City is approached for such assistance as a conduit less than once a year. In the past, the City has asked the issuer to pay the City's bond counsel directly. With the new escrows, the City will pay bond counsel. The City's other out-of-pocket costs in these situations typically are minimal. • The escrow amount for each type is proposed to be $2,500. If actual costs incurred are less, the difference will be refunded to the issuer. ATTACHMENTS: • None. ~~ Agenda Information Memo January 3, 2006 Eagan City Council Meeting E. APPROVE CITY OF EAGAN ELECTED OFFICIALS OUT-OF-STATE TRAVEL POLICY ACTION TO BE CONSIDERED: To approve the City of Eagan Elected Officials Out-of-State Travel Policy. FACTS: • The proposed policy which results from a new State Statute clearly delineates that City of Eagan Elected Officials are covered by the City's travel policies which has historically been the practice in Eagan. Minnesota Statutes Section 471.661 titled "Out-of-State Travel" provides that by January 1, 2006, the governing body of each statutory or home rule charter city, county, school district, regional agency, or other political subdivision, except a town, must develop a policy that controls travel outside the state of Minnesota for the applicable elected officials of the relevant unit of government. The policy must be approved by a recorded vote and specify: (1) when travel outside the state is appropriate; (2) applicable expense limits; and (3) procedures for approval of the travel. The policy must be made available for public inspection upon request and reviewed annually. Subsequent changes to the policy must be approved by a recorded vote. • The statute states that the policy must be available for public inspection and calls for an annual review. Both of these requirements are incorporated into the language of the proposed policy. Additionally, any subsequent changes to the policy must be approved by a recorded vote. ATTACHMENTS: • Enclosed on pages ~_ through ~~ is a copy of the proposed policy. ~3 Elected Officials Out-of-State Travel Policy City of Eagan Purpose: Minnesota Statutes Section 471.661 titled "Out-of-State Travel" provides that by January 1, 2006, the governing body of each statutory or home rule charter city, county, school district, regional agency, or other political subdivision, except a town, must develop a policy that controls travel outside the state of Minnesota for the applicable elected officials of the relevant unit of government. The policy must be approved by a recorded vote and specify: (1) when travel outside the state is appropriate; (2) applicable expense limits; and (3) procedures for approval of the travel. The policy must be made available for public inspection upon request and reviewed annually. Subsequent changes to the policy must be approved by a recorded vote. Policy: Out-of-state travel by City of Eagan elected officials is covered by the following City policies: 1. Section 21 of the City's Personnel Policy: TRAINING POLICY: Costs for employer-initiated or required workshops, professional seminars, training programs, courses, continuing education credits, and licenselcertification maintenance for existing employees will be covered in total by the City. 2. Travel Regulations & Reimbursement Policies Attached as Appendix A 3. Budgeting For Travel-Conferences-and Schools Attached as Appendix B The policy must be made available for public inspection upon request and reviewed annually. Subsequent changes to the policy must be approved by a recorded vote. ~~ Requirements of State Statute: (1) When travel outside the state is appropriate-Travel outside the state is appropriate when the travel meets the conditions of the City's Training Policy and the Travel Regulations & Reimbursement Policies and is budgeted. (2) Applicable expense limits-The applicable expense limits are as contained in the City's Travel Regulations & Reimbursement Policies. (3) Procedures for approval of the travel-The travel is approved as part of the City's annual budgeting process or through budget amendments as approved by the City Council. (4) Public Availability, Review, and Changes--The policy must be made available for public inspection upon request and reviewed annually. Subsequent changes to the policy must be approved by a recorded vote. Approved By City Council Action: a~ CITY OF EAGAN TRAVEL REGULATIONS & REIMBURSEMENT POLICIES Reimbursements of travel expenses are intended to refund actual costs incurred by City employees and officials while traveling as authorized representatives of the City of Eagan. APPROVAL and ADVANCES (1) All travel and seminar attendance by City of Eagan employees requires prior approval by the appropriate Department Head. Department Heads require the approval of the City Administrator. (2) Approval for travel shall be obtained prior to seminar registration or other final travel arrangements. (3) Travel advances and/or preregistration fees and prepayments intended to defray costs incurred while on a trip and prior to submission of an expense report shall be submitted to the Department Head for approval at least 21 days in advance of the trip. These travel requests should then be submitted to the Finance Department far enough in advance to receive Council approval before any payment is made. (4) Preregistration and/or lodging reservation payment will be made by the Finance Department directly. (5) Advance expense payments will be made to employees following the last City Council meeting immediately preceding the travel. ALLOWABLE EXPENSES A HOTEL/LODGING: (1) Accommodations shall be selected at a reasonable cost, consistent with the facility available and convenient to location of the conference or business meeting attended. (2) Employee may claim only the actual and necessary cost of single occupancy where a double or multiple occupancy has occurred (receipt required). (3) Lodging will be paid for the night before the conference begins. B. TRANSPORTATION (1) Allowable transportation cost shall include reimbursement for: mileage accumulated on personal vehicle at the prevailing rate of (currently) 37.5 cents per mile; actual a~ City of Eagan Travel Regulations & Reimbursement Policies Page 2 round trip coach rate airfare; or actual receipted expenses for City owned vehicle, as required and as approved. (2) The mode of transportation must be approved by the Department Head prior to any authorized trip. If personal vehicle is used at employee's request, reimbursement will be on the basis of prevailing mileage allowance or coach airfare, whichever is less. Reimbursement for meals and lodging shall be limited to the period of time required if air commercial transportation were used. Also, additional time required over the time air travel would require should be charged as vacation time. (3) City vehicles maybe used for in-state travel and out-of--state travel in states adjacent to Minnesota. Under no circumstances may City vehicles be used for personal reasons. Discretion should be used concerning using City vehicles when an employee is accompanied by a member(s) of his/her family. (4) Air transportation shall be tourist or coach except when this is not available. Reservations are to be made in advance at the earliest date to insure the lowest possible fares. Super Saver rates shall be used if available and appropriate for the particular situation. If the reservation is not going to be used, it must be cancelled immediately. (5) After approved, travel arrangements shall be made through a travel agency and billed directly to the City. (6) Local transportation such as: taxi-cab and/or bus fares to and from place of lodging and businesses are reimbursable only if circumstances require it. Local transportation not pertaining directly to City business will not be reimbursed. C. MEALS AND MISCELLANEOUS: (1) Reimbursement for meals while on authorized travel will be for actual expenditures with a maximum of $44.00 per day allowable, including tax and tips. There shall be no per diem for meals or any other expenses. The maximum meal reimbursements for any fraction of a full day shall be as follows including tax and tip: (a) Breakfast $8.00 (b) Lunch $12.00 (c) Dinner $24.00 (2) The full cost shall be reimbursed for meals which are a scheduled activity of a conference or meeting and the cost of such meals is not included in the registration fee. Updated 4/04 ~ 7 City of Eagan Travel Regulations & Reimbursement Policies Page 3 (3) Breakfast allowance shall be authorized for Minneapolis departures prior to 8:00 a.m. and dinner allowances shall be authorized for Minneapolis arrivals after 7:00 p.m. (4) Other miscellaneous expenses may be authorized, such as: business related telephone and telegraph service, tips for bell hops, parking fees, etc., as required and as approved. (Calls should be made collect whenever possible.) (5) If the employee wishes to bring a member(s) of his/her family with him, he must first notice the Department Head. The City will reimburse the employee only for his/her meals, lodging (single occupancy), and miscellaneous expenses. D. EMPLOYEE EXPENSE REPORT (1) The employee shall submit a Travel Expense Report and Request for Reimbursement form, for approval by the Department Head and City Administrator or designee. Receipts for expense items shall accompany each expense report, including meals. If an employee is unable to get a paid receipt for a particular item, he or she must include with his or her report a statement certifying that the claim for that item is accurate. A copy of conference brochures and/or overall information shall be submitted with the report. Under no circumstances will City payments exceed out of pocket expense. (2) Any unused portion of the travel advance must be promptly returned to the City. Employees will be billed for nonreimbursable expenses paid by the City. (3) Reimbursement for foreign travel expenses will be made at the current rate of exchange. Updated 4/04 ~~ v 0 O N c R -o d Q F- Z E- W Ow a cn ~ ~ ''^^ m v/ ~_ W W w0 ...~ LL. W F-' ~ ~ H C W w O +~+ U c ai ai O v i etj eti o , ~ ~ m ~ D O ~ L V Z ], ~ v C Q ~ v v ~ w C ~ O ~- V d ~ d ~ d O Z 0 U v Q Vl ~ d ~ d d ~ ~ . ` > c a a ~ ~ O ~ ~ ~ . . O ~~ ~ C O ~ ~ ~ ~ i Q- , a . ~ ~ ~ ~ O C O F- d t r O ~ H1 O v = eo J H O a a~ d• c ~ ~ Y ~ ~ ~ `` otS Q as O J ~ K is C c ,~ Q N ~ w is d ~ s R E c ~ d ~ N J ~ d a N x Y m '-' r~+ t6 ~ N to Y: r H R w ~ a~ ~ ~ ~~ .= o ~ ~ T ~ ' w ~ ~ a v rn y O G~ ~ .~ w E `o o a~i ~+ ~ ~ U ~ ~ ~ a Q.C ~' a~ c ~ ~ ~ o ~ a~ U ._ t ` O o ~ d T N U U !3 Q Y y O to Tom-' ~ R V L 3 _ m -° E :o y cp i w E°so-x•°'0'4=~~ W to L~ N ~~ _ ~6 O ` Q v Q m 3 n~v ~ II 119 0 H ~ ~ ~ C Y U ~ a c cC y N O ,,, Q ~ ~ O a ayi v! ~ Q W > R ~ ` m o .a ~ ~ ~ O ~ t0 a H N c y a w ~ m t v v C > 'a Q ~ > i= _ U d ~' O a W m ~ .a _ R cQ N H O H I-O J J Q C U y f9 •~ ,> > i 10 O Y - U c`o '~ . E~omm.rav> y _ [O C _~ N U m "- N N tl) r N L ~ C ~ V f0 L ~ N ~ N ~c y y °~ ~ ~ aW ~ ~~ a ~ y 3 ~ ~~ ~ o w~ m~ X O C X O y • N N U Y N U (6 U 3 m m 0 0 d 3 R d d O Q. W d 7 O N .O Q 3 N X O a N N c N L1 x W O W A a DQ ~~,•, x B CITY OF EAGAN 2006 BREAKDOWN OF TRAVEL-CONFERENCES-AND SCHOOLS TOTAL PROPOSED BUDGET 1. Complete Cost Breakdown for Any Item In This Category: 2. Why Is This Necessary? 3. Where Will It Be Held? 4. When Will It Be Held? 5. Who Will Be Attending? F1N/FORM7 ~~ Agenda Information Memo January 3, 2006 F. ACCEPT PROPOSAL FOR INSURANCE BROKER SERVICES ACTION TO BE CONSIDERED: To accept a proposal from Arthur J. Gallagher & Co. for insurance broker services, subject to the execution of a signed agreement between the City of Eagan and Arthur J. Gallagher & Co. FACTS: - The City contracts for a variety of services typically for a term of three to five years. One of the areas slated for review this year was insurance broker services. - At the November 1, 2005 City Council meeting, the Council authorized the issuance of Request for Proposals for insurance broker services and also authorized the advertisement for bids. - A legal notice soliciting bids for insurance broker services was placed in the Thisweek Newspaper on November 5. Copies of the RFP were provided to two vendors and two responses to the RFP were received by the deadline of November 21. The two companies supplying bids were Arthur J. Gallagher & Co. and T.C. Field & Company. Arthur J. Gallagher & Co. is the City's current insurance broker and has been for a number of years. - Based on a thorough analysis of the bids submitted, staff is recommending that the proposal of Arthur J. Gallagher & Co. be accepted. Arthur J. Gallagher & Co.'s services will range from assisting the City with the annual LMCIT renewal process, reviewing LMCIT insurance policies to ensure completeness and accuracy, issuing certificates of insurance as requested and introducing coverage options and making recommendations as needed. Arthur J. Gallagher's fee per year for athree-year period is $15,600. T.C. Field & Company's annual fee was $17,500 for the first year with slight increases for each subsequent year of the three-year period. - Due to the length of the proposals, they are not being included with the agenda packet. If any member of the City Council would like to review the proposals, please contact the City Administrator's office. ATTACHMENTS (0): ~~ Agenda Information Memo January 3, 2006 Eagan City Council Meeting G. YANKEE SQUARE ADDITION (BICENTENNIAL 6TH & 7TH ADDITIONS) EASEMENT VACATIONS ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage and utility easements within Lot 1, Block 1 Bicentennial 6th Addition and Lot 1, Block 2 Bicentennial 7th Addition and schedule a public hearing to be held on February 7, 2006. FACTS: • On December 21, 2005, City staff received a letter from Bruce Miller of MFC Properties Corp., requesting the vacation of all of the existing drainage and utility easements on Lot 1, Block 1 Bicentennial 6th Addition and Lot 1, Block 2 Bicentennial 7th Addition, southeast of the intersection of Federal Drive and Washington Drive. • 10' wide easements were dedicated as part of the Bicentennial 6th and 7th Additions plats as the typical side lot easements for drainage and utility purposes. • The purpose of the request is to allow MFC Properties to construct a new 10,000 square foot office building on the two adjacent parcels. The configuration of the proposed building would straddle the common lot line of the two parcels and encroach upon some of the existing drainage and utility easements. Currently, there is one 24,320 square foot office building on each parcel. • MFC Properties will replat the two parcels as one parcel for the proposed additional 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 33 • Legal Description, graphic, page. ~~ Bicentennial 6th & 7th Additions Proposed Easement Vacation 12/27/05 City of Eagan Location Map ~~ 1~f~IN~C~' ~Nl~ IlTl.LITY Y~C~TIDN ~XXl~IT FDf~• \ o ~~ o ~ ~fFC Ph'OP~1>?TI~,~S' o~vh yCx.14u'Iiv i ,,.~_,,...,._ ., ..~_ ~ !!. G ~ z --~3 cn so 0 so scams : ~ ° = so' ,W H 0 2 ?'11'Or `iY ~.~%/'/<:-;//i% 274.87 _ e3 1-: •t~n 0 ;O os .. .. :. i% ~-/;-r , , J,/~i .,.,~_,. ._,.,. _ ,~ ~ !/ ~k9~ ' i ., ., ., , , \ ~/ w I ~ \ ~/ NQ.nNrF , ~D ~p U b N N^ ~~ SO1 57 59~E m~'~ cu' „~~ 7~jf~i~Ti.%//f'~"T/7~fji.~i~fT/l%f// = t %"/~-~ V !~ N b ___ Y h ____~ ,r _~__• f 0 J ~ Q i N /jI ., , I ._, i ~ _ c i I - 47 i O ~ x I H J ~ ,a I %;7r!'~i~~Ti~%'7l:'i'l7//-iT/'"T;~:7;;/T/;~ , ~~/l J ' // 3B& 67 _ .,,„~_._, I ... Ntercuon. m u'. arc.nny rrc p.nnmitna .anaa ue esprcu rritten pnmharon of BOM / MONSA i Capyrtpht 7D05, Bql / NONSh 2 0 V N NOl'S159'W ri n O Easements to be vacated: All drainage & utility easements over Lot 1, Block 1, Bicentennial 6th Addition and over Lot 1, Block 2, Bicentennial 7th Addition. SB0.68 City of Efl~BIl Bicentennial 6th & 7th Additions Proposed Easement Vacations ng Department Agenda Information Memo January 3, 2006 Eagan City Council Meeting H. LEBANON HILLS REGIONAL PARK/ 1851 -1859 COVINGTON LANE DRAINAGE & UTILITY EASEMENT ACTION TO BE CONSIDERED: Accept a Drainage & Utility Easement within Lebanon Hills Regional Park from Dakota County and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On March 28, 2005, the owner of 1859 Covington Lane contacted City staff requesting the resolution of a drainage issue involving multiple private properties adjacent to Lebanon Hills Regional Park (LHRP). Staff review indicated the matter was a civil issue. • Past spring snowmelts from LHRP and area properties has pooled runoff in the backyards of 1851 and 1855 Covington Lane before discharging overland toward the properties located at 1851 and 1859 Covington Lane. This discharge has caused house property damage to both residences (1851 & 1859) on more than one occasion in the past few years. • City staff had been contacted on previous occasions by some of the property owners with drainage concerns and staff had made suggestions to improve the drainage of the individual parcels. Drainage improvements had been completed by at least one of the residents. • Due to the inability of the adjacent property owners to cooperatively construct a drainage improvement within the existing drainage easements upon their properties, City and County staff mediated anoff-site resolution. • A Swale constructed this past fall within LHRP by some of the affected property owners will direct the spring snow melt to a location so as to no longer impact the house structures at 1851 and 1859 Covington Lane. • In order for the Swale construction to occur, Dakota County required that a drainage and utility easement calling for the perpetual maintenance of the drainage Swale be granted by the County and accepted by the City. Because the easement calls for the City maintenance of the swale, it is required that formal Council action be considered. • Engineering staff and the City Attorney's office have reviewed the easement and found it to be in order for favorable Council action. ~s Agenda Information Memo January 3, 2006 City Council I . FINAL PLAT (HALLEY'S 2ND ADDITION) - MANLEY LAND DEVELOPMENT ACTION TO BE CONSIDERED: To continue action on the Vacation of easements and the Final Plat for Halley's 2"d Addition to the March 21, 2006, 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 17, 2005. It has been continued four times to allow the City to proceed with a study of development/redevelopment issues in this area and to work toward a master plan approach to redevelopment in this area. - At the applicant's request, approval of these items is being postponed another two months to March 21, 2006. - A Predevelopment Agreement was approved on August 1, 2005, and the parties continue to work on development of the master plan, with the intention of development/redevelopment of the subject site, adjacent property to the west, and other properties in this area. - A development application was submitted in December for property adjacent to the proposed Halley's 2"d Addition site. That proposal is anticipated to be before the City Council in March, 2006. ATTACHMENTS (1): Letter from Tim Johnson, Manley Land Development (forthcoming in informational packet) . ?i/~ Consent Agenda Information Memo January 3, 2006 J. Approval to Apply for Homeland Security Grant ACTION TO BE CONSIDERED: Allow the Eagan Police Department to apply for the Commercial Equipment Direct Assistance Program -Phase II grant. FACTS: • This grant is being offered by the Department of Homeland Security. • The department is looking at acquiring a Tacsight S 1 Camera which has night vision capability valued at $15,000. • The department will compete with other law enforcement agencies nation-wide. • There are no matching funds required by the City. ATTACHMENTS None 3r Agenda Information Memo January 3, 2006, Eagan City Council Meeting VII. NEW BUSINESS A. CONDITIONAL USE PERMIT -WATER HEATER INNOVATIONS ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit to allow outdoor storage of up to two storage silos for Water Heater Innovations located at 3107 Sibley Memorial Highway in the NW `/4 of Section 09; subject to the conditions in the APC minutes. To approve (OR direct findings of fact for denial) a Conditional Use Permit to allow outdoor storage of 125 pallets, 16 racks, 5 trailers and one dumpster for Water Heater Innovations located at 3107 Sibley Memorial Highway in the NW `/a of Section 09; subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: The original CUP request was for two 12'Wx34'H silos, a site inspection revealed other outdoor storage is taking place and had been incorporated into this request. - Outdoor storage is required to be screened from the public right-of--way as proposed the silos will not be screened due to size and location, the additional storage items will be in an enclosure and should be screened. All dumpsters are required to be located within an enclosure that meets principal structure setbacks and constructed of materials to match the exterior of the principal building. - The Advisory Planning Commission held a public hearing on December 27, 2005 and is recommending approval. ISSUES: The APC suggested the applicant submit a revised Site Plan indicating the location of the additional outdoor storage - The revised Site Plan designates an area on the east side of the property for the additional outdoor storage including one dumpster. The applicant's narrative indicates that the enclosure will be a fence and slats can but installed for screening. The slats should be installed to meet the screening requirement. As proposed the 20 foot setback requirement is met. - Dumpsters are required to be within an enclosure that matches the exterior of the principal building. The applicant is proposing to have one dumpster within the storage ~~ area and two behind the building without enclosures. It is up to City Officials to determine the appropriateness of this request. - The APC questioned other trailers that are stored on the site that do not belong to Water Heater Innovations, those trailers belong to the adjacent property which is owned by the same people that own the subject site (Water Heater Innovations rent space), they are not requesting to have those trailers as part of their CUP 60 DAY AGENCY ACTION DEADLINE: January 31, 2006 ATTACHMENTS (4): Advisory Planning Commission iVlinutes on page ~O Staff report on pages _~_through_~~_ Revised narrative on page Revised Site Plan on page s ~A City of Eagan Advisory Planning Commission Meeting Minutes December 27, 2005 Page 2 New Business A. Water Heater Innovations Applicant Name: Water Heater Innovations Location: 3107 Sibley Memorial Hwy; Lot 2, Block 1 & Vac STH #13 AJD Application: Conditional Use Permit A Conditional Use Permit to allow two (2) 12x34 for outdoor storage. File Number: 09-CU-17-11-05 Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated December 19, 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. Chair Heyl inquired about the number of pallets~and truck trailers on the property. Jill Hendrickson, Water Heater Innovations, explained there will be 25 pallets, 16 racks, the dumpster, and up to ten truck trailers on the property. ;' Member Dugan inquired about the ownership'of the freight being stored on the property and if the three dumpsters are subject to the enclosure. , Ms. Hendrickson explained that Water Heater Innovations does not own all of the truck trailers currently on the property; .therefore she is not certain of the contents. City Planner Ridley confirmed that all three dumpsters are subject to the enclosure. Ms. Hendrickson explained that Water Heater Innovations would have, at the most, no more than five trailers of any time. Member Bertdt moved, Member Dugan seconded a motion to recommend approval of a Conditional Use Permit to allow outdoor storage of up to two storage (12'wX34'H) silos for Water Heater Innovations located at 3107 Sibley Memorial Highway in the NW %4 of Section 09 subject to the:following conditions: 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 silos shall be located as indicated on the Site Plan received November 14, 2005. 3. The silos shall be painted to match the building. 4. The dumpster shall be enclosed or relocated inside the building. If an enclosure is constructed a building permit is required prior to construction. 5. The parking stalls in the public right-of-way shall be removed or a permit shall be obtained from MNDOT to be in the right-of-way. All voted in favor. Motion carried 7-0. ~~ City of Eagan Advisory Planning Commission Meeting Minutes December 27, 2005 Page 3 Member Bendt moved, Member Dugan seconded a motion to recommend approval of a Conditional Use Permit to allow outdoor storage of truck trailers and pallets for Water Heater Innovations located at 3107 Sibley Memorial Highway in the NW'/4 of Section 09 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 submit a revised Site Plan that indicates the location and number of the pallets and truck trailers. 3. All outdoor storage should meet setback requirements. 4. Outdoor storage area shall not interfere with pedestrian or vehicular movement. 5. The dumpster shall be enclosed or relocated inside the building. If an enclosure is constructed a building permit is required prior to construction:;.. 6. The parking stalls in the public right-of-way shall be removed or a permit shall be obtained from MNDOT to be in the right-of-way. 4 7. A maximum of 125 pallets, 16 racks, and up to 5 trailers shall be allowed in the locations shown on the revised Site Plan. All voted in favor. Motion carried 7-0. ~/i PLANNING REPORT CITY OF EAGAN REPORT DATE: December 19, 2005 APPLICANT: Water Heater Innovations PROPERTY OWNER: Fenton Sub Parcel A LLC % Commercial Development Company, Inc CASE: 09-CU-17-10-OS HEARING DATE: December 27, 2005 APPLICATION DATE: December 2, 2005 REQUEST: Conditional Use Permit LOCATION: 3 I07 Sibley Memorial Highway COMPREHENSIVE PLAN: IND, Industrial ZONING: I-l, Limited Industrial SUMMARY OF REQUEST PREPARED BY: Sheila Cartney The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of up to two storage silos for Water Heater Innovations located at 3107 Sibley Memorial Highway in the NW '/4 of Section 09. A site inspection on December 19, 2005 revealed there is outdoor storage of pallets and truck trailers, the dumpster is also outside without an enclosure, the Conditional Use Permit request should also include outdoor storage of truck trailers gild pallets, the applicant should address the number and location. 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: 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. ~~ Planning Report -Water Heater Innovations December 27, 2005 Page 2 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 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. BACKGROUND/HISTORY The existing building was built in 1972 and the property was platted in 1974. EXISTING CONDITIONS The site is developed with a 47,850 square feet office/warehouse concrete building. There are seven parking stalls located in the Right-of--way of State Highway 13. SURROUNDING USES The site has industrial uses to the north, west, and south that have outdoor storage associated with their uses. There is multiple-family residential across the highway from the subject site. ~~ Planning Report -Water Heater Innovations December 27, 2005 Paee 3 EVALUATION OF REQUEST Proposal -The applicant is proposing two material storage silos located outside on the south side of the building. The silos will be placed on a concrete pad (16 feet by 32 feet by 4 feet) for support. Each silo will be welded steel, 12 feet in diameter by 34 feet in height. Compatibility with Surrounding Area -The properties abutting the subject site are Industrial properties that have outdoor storage associated with their uses. The outdoor storage surrounding the site is mostly trailers and equipment. Site Plan -The proposal includes two storage silos located adjacent to the south side of the principal building on a new concrete slab. The Site Plan indicates there are seven parking stalls located in the right-of--way for Highway 13. These parking spaces are not included in the parking calculations and should be removed or a permit from MNDOT should be obtained. Based on the use, the parking meets City Ordinance. The Site Plan does not indicate additional outdoor storage, but a recent site visit indicates there are trailers and pallets stored outside, which should be added to this CUP request. The site visit also revealed the trash dumpster is located outside without an enclosure. The T-1 district requires dumpsters to be stored in an enclosure which can be attached or detached. The enclosure should meet principal structure setbacks, should be constructed of materials to match the exterior of the principal building, with gates or doors having at least 90% opacity. The enclosure should be no less than six feet and not more than 10 feet in height. Outdoor Storage Standards - City Code Section 11.70, Subdivision 22, C, 2, lists performance standards for outdoor storage as follows: a. Outdoor storage items shall be placed within an enclosure as necessary to acl2ieve appropriate security and containment or for public safety reasons when deterrrzirzed 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 play be detached from the principal building. The outdoor storage is not within an enclosure. Due to the layout of the site it doesn't seem necessary to enclose the silos and the trailers, but the pallets could be within an enclosure. The applicant should address this issue, it is up to City Officials to determine if an enclosure should be required. b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The proposed silos are located in the side yard and meet setbacks; the pallets and trucks are in the side yard and seem to meet setbacks. The applicant should submit a revised site plan indicating the ~~ Planning Report -Water Heater Innovations December 27, 2005 Page 4 location and number of the pallets and trailers, all outdoor storage should meet setback requirements. c. The outdoor storage area shall be screened fi~om view from t12e public right-of--way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The silos will not be screened from the public right-of--way due to height and site layout, the pallets and trailers were not screened at the time of inspection. If they were moved behind the building screening from the public right-of--way would be achieved. There is multi-family residential across Highway 13 and the applicant should address this issue. d. The storage area shall not inter fere with any pedestrian or velicular movement. As . proposed the outdoor storage of the silos will not interfere with any pedestrian or vehicular movement. The pallets and trailers are in a location that does not interfere if they are relocated this requirement should still be met. e. The storage area shall not take up required parking spaces or landscaping areas. As proposed the outdoor storage does not take up required parking spaces or landscaping areas. f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. Tlie surface shall be properly maintained to prevent deterioration. The proposed outdoor storage area is within the paved parking lot, meeting this requirement. Landscaping -City Code requires screening of parking and storage areas from the public right-of- way. Screening between industrial properties is not required. The silos are screened from Meadow View Road by the building, however, because of their height; the silos will be visible above the building and from Hwy. 13 and possibly Alexander Road. The silos are stored in a parking area which makes it difficult to screen. No new landscaping is proposed. SUMMARY/CONCLUSION The applicant is requesting a Conditional Use Permit to allow outdoor storage of two storage silos 34 feet in height which would be stored on a concrete pad. A site visit revealed there are pallets and trailers stored outside, which should be added to this request. The site visit also revealed there is a dumpster stored outside without an enclosure, the dumpster should either be moved inside or placed within an enclosure. The outdoor storage is not located within an enclosure as required by the outdoor storage requirements listed earlier in this report. Due to the layout of the site it doesn't seem necessary to enclose the silos and the trailers, but the pallets could be within an enclosure, the applicant should address the enclosures. The silos meet side yard setbacks and it appears the pallets do as well, the trailers may not, and the applicant should address this issue or indicate if these items will be relocated. `~" Planning Report -Water Heater Innovations December 27, 2005 Paee 5 Screening is all outdoor storage requirement (listed above); screening from the public right-of- way and residential uses is required. The silos will not be screened from the public right-of--way due to height and site layout, the pallets and trailers were not screened at the time of inspection. If they were moved behind the building screening from the public right-of--way would be achieved. The applicant should address this issue. ACTION TO BE CONSIDERED To reconunend approval of a Conditional Use Permit to allow outdoor storage of up to two storage (12'wX34'H) silos for Water Heater Innovations located at 3107 Sibley Memorial Highway in the NW '/a of Section 09. If approved the following conditions apply: 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 silos shall be located as indicated on the Site Plan received November 14, 2005. 3. The silos shall be painted to snatch the building. 4. The dumpster shall be enclosed or relocated inside the building. If an enclosure is constructed a building permit is required prior to construction. 5. The parking stalls in the public right-of--way shall be removed or a permit shall be obtained from MNDOT to be in the right-of--way. To recommend approval of a Conditional Use Permit to allow outdoor storage of truck trailers and pallets for Water Heater Innovations located at 3107 Sibley Memorial Highway in the NW '/4 of Section 09. If approved the following conditions apply: 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 submit a revised Site Plan that indicates the location and number of the pallets and truck trailers. 3. All outdoor storage should meet setback requirements. 4. Outdoor storage area shall not interfere with pedestrian or vehicular movement. 5. The dumpster shall be enclosed or relocated inside the building. If an enclosure is constructed a building permit is required prior to construction. 6. The parking stalls in the public right-of--way shall be removed or a permit shall be obtained from MNDOT to be in the right-of--way. '. f-- ®~~~ B °~ ~~; / G Subject Site 0 4 0 0 oe o of Eagan . N Right-of-~ Parcel Are. Park Area Building Foot. 4 ~~4'tr< ~..~ ~ ao ~. t ~X~ ' n+c?- ~k~ r , o ,,: O D ~ p d ~} ® ~ ~~ .n ~ '~ r D ~/ p o D ~: ~° Y Qi d ~ o'r D ~ ~ non ~ oge Q ~ p ° D D a ~p 6 ~ ~ ~'~ ~ ~ ~ ° o D o, D ' a °a t~ ~ o O qr °^° ~ OO® ~ Q C7 O ,~ ooooQ o , Qo 00 4 c~ ~ : o~ o a ,: o ~F ~~ r.V 'cam;-,:~- a. ~~° ~ - 1000 0 1D00 20D0 Feei ®evelopment/®eveloper: V~latep 9~eater Es~novations AppBication: ConcLitional Use F'ereveit Case 1do.: 09-CU-77-91-05 Map Prepared using ERSI ArcV'~ew 3.1. Parcel base map data prodded N 6y Dakota County Office of GIS and is wrrenl as of April 2005. Clt~ Of E~~~Il 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 - '---• -not responsible for errors or omissions. _ _ Current toning and Comprehensive Guide Plan Land Use Map Water Heater Innovations CUP Case No. U9-CU-17-11-05 Zoning Map R-1 1-1 0 Location Current Zoning: ,r R-1 ~W ,Q ®®®®~fl 1-1 Limited Industrial 1-1 E ® R-3 ~ 1-1 ®®®~ ~ ' R-4 3 T ® ~~ ® 1-1 R-3 ® 600 D 600 12D0 F..t R-1 Comprehensive Guide Plan L Land Use Map LD IND o' Location ~_ ~W Current Land Use Designation: '~ LD ~®®~~~~ IN MD ®®®®® IND IND Industrial O HD HD MD ® ~ ~ S IND rylp ~ ® O 000 0 00o tzoo F..l LD ~IND(~ Parcel base map Infermatlon prevldad byy Dakota County Lend Survey Department June 2003. N 2oning Infonnatlon maintained 6y Llty Staff. 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S ~ . ~ i i; ;; Y ~ ~ooQ. I ~ e • c _ 3 3 3 ° s ° I 1 1 1 1 1 1 s,"~ ~ ~ t ~I I 1 t I I 1 o ; o • 3 B o $ o g - eo 9~ n ~ g S ° :S~r~~f ~ °d;se' 3=_SE~- ~°~ ~>° e '.44 e° ~3Q~:> ~~ `1 It„~ I I I i• nl R. I.~Oro+o~C`SITE /r /r 0 80,885 Lbs. Material Load (Live Load) 0 9,100 Lbs. Tank Weight (Dead Load) 0 0.38 Int. Design Pressure (PSI) 0 0.03 Ext. Design Pressure (PSI Vac.) Standard Accessories: o Lifting Lugs (2) Lugs per NFPA 780 o Grounding Rods and Connectors By Others 0 3Ft. - 61n. X 6Ft. - 81n. Aluminum Door with Galvanized o Steei Panel and (2) Louvers with Bug Screens and o Door Frame o Alf Fasteners to be ASTM A-449 o Finish is Electro2inc (ASTM B-633) o Anchor Bolt Clamp Plates (Anchor Bolts not Included) Cleaning and Finishing Standards: o Interior Cleaning Class 0 Per ES-510 o Interior Finish -Plain o Exterior Cleaning Class 1 Per ES-510 o Exterior Finish -Grit blasted Per SSPC-SP6(Commercial Blast) and Prime with 1.8 - 2.2 Mils D.F.T. of Sherwin Williams 2.8 VOC Epoxy o Primer E61 W281-3497N66V282 (White) o Skirt Interior is Primed Only Base Tank Assembly: o Welding -All Welds Continuous (Class 2 Per ES-500) o Manhole - 20" Dia. Top Center w/Bolted Cover for fill stub o Tube Stub - 4" OD. 304 S.S. X 14GA. X 9" LG. o Fill Line -Standoff Brackets, Single o Levei Sensor Connection - 6" ID Flange o Level Sensor Connection - 8" OD x 5 %z" ID Mounting Plate o Manhole - 22" Dia Square Vent Combination w/Birdscreen o Guardrail Assy - 12' Dia. Alum. W/ Toe board (1-1/2 Sch 40) o Ladder Assy -Alum Ladder o Ladder Assy - Atum Safety Cage o Interior Lining -FDA Epoxy S/W #B62, White, 4-6 Mils o Exterior Finish - "Polane" Urethane, White, 1.25 Mils - 1.5 Mils. List Price Qty (1) Eagle Model EW12428 Silo $ 23,025.00 2 Accessories • Qty (1) -Truck Fill Kit Complete with 4" Aluminum line, aluminum elbows, compression couplers, male quick disconnect cam locks, cap and chain. Price Each $ 525.00 • Qty (1) -Aluminum Slide Gate Shut Off with Hand Wheel. Price Each $ 720.00 • Qty (1) -Two position vacuum take away box with qty (2) 2 Y." Probe. Aluminum two hole box with adjustable air flow probes with filter. Price Each $ 493.00 Page 4 of 9 Proposal # 25053R2 ~ ~ ~~ REC~fVED NOV 14 2006 View of property (looking north). Proposed silos to be placed next to the building in the area of the square (not to scale). RECEIVED NCV ~ 42006 ~1 View of property (looking northeast) City of Eagan Material Storage Silo Proposal This proposal is for installation of a cement pad and up to two material storage silos at Water Heater Innovations. Because of the growth of Water Heater Innovations, material storage and use has'become the driving force for this project. Currently, the materials that will be stored in the silos are procured in gaylords (4 foot cubic container) and stored on the warehouse floor. Both materials are available for purchase in bulls. By purchasing the materials,in bulk, Water Heater Innovations incurs a significant cost savings. The silos will allow for more warehouse storage space by eliminating the need for gaylords. The City of Eagan Comprehensive Guide Plan shows Water Heater Iiulovations located in land use designation IND (zone 1-L) classified as a Limited Industrial. This designation will not change as a result of installing storage silos. The property surrounding the proposed site is categorized as Limited Industrial, High Density (12+ units/acre), and Low Density (0-4 units/acre). Approximately 75% of the surrounding property is Limited Industrial. The material storage silos will be within conditional use designations in accordance with the land use regulations. The cement pad will be 16 feet by 32 feet by 4 feet. This will support up to two silos. Each storage silo will be welded steel, 12 feet in diameter by 34 feet in height. Material handling equipment will be internal to the existing building. Silos will be located on the south side of the building, 30 feet from the comer of the building. The location of the silos will not modify parking availability, right of ways, or thoroughfares. Upon approval with the City of Eagan and approved building permits, work will begin by installing the cement pad (estimate complete by January 31, 2006). Once the cement pad is completed, the erection of at least one, and up to two, silos will --- take place as well as internal material handling equipment (estimate project completion by March 31, 2006). Please see enclosed site pictures and documentation. RECEiVEp NOV 14 X006 -~-~ ~" 2 - r WATER HEATERS December ?, 2005 1vls. Pamela Dudziak Planner -City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1810 Dear NIs. Dudziak, 3107 Sibley Memorial Highvvav, Eagan, Minnesota 55121-1604 www.marathonheafers.com A ~ • • Subsidiary This is in regards to your letter concerning our application for a Conditional Use Permit. Enclosed is the additional 5500 deposit that is necessary to continue with the application per our phone conversation on November 30. Below is the additional information you requested. Currently Employed: 45 people Lot Size (excluding R/VV): 3.5~ acres (Online from Dakota County Property Records) Building Area: 47,850 sq. ft. Mezzanine Area: 6,760 sq. ft. Finished Area: 54,610 sq. ft. Office area: 6,760 sq. ft. Warehouse /Manufacturing area: 41,090 sq. ft. (Approximately 50% storage and 50% manufacturing/assembly) Parking Spaces: 82 (includes 6 handicap spaces) Only parking spaces within the minimum building setback line are included in the count. The parking spaces allocated on the Grading Plan drawing dated Sept. 27, 1972 are incorrect. The drawing dated Oct. 27,1997 is correct for actual parking spaces painted on the pavement. As far as information on the encroachment of pavement extending beyond the right-of-way and property line, there is no other information besides the drawings that are available. Thank you for granting the extension to resolve this issue and provide you with additional information. If you have any other questions or need more information, please feel free to contact me. Regards, C_ ,~(~ ~ ~ Jill Hendrickson Manufacturing Engineer 651.994.4074 CC: Jeff Scholten Enclosure Phone: (651) 688-8827 RECEIVED DEC Q.2 1~ ~= °, L> L~ Nlaratl~ort 3107 Sibley Memorial Highway, Eagan, Minnesota 55121-1604 wwwmaraihonheaters.com WATER HEATERS A ~ Subsidiary December 28, 2005 Sheila Cartney Planner City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 I~~~~f~IED DEC ~ 9 Dear Ms. Cartney, This letter is in regards to the revised site plan that was requested at the Planning Commission Meeting held December 27tH Enclosed is the revised site plan. Please note the additional areas marked for current storage. The additional areas are for up to 125 pallets, 16 racks, 5 trailers, and 1 dumpster. A chain link fence will enclose these storage areas, with the exception of the trailer area. Although there is no residential housing directly in view, if screening is required, we would .install gray plastic slats between the chain links to match the building. The additional 2 dumpsters in the rear of the building were also brought up in the meeting. Water Heater Innovations would like the one large dumpster to be permitted to remain unenclosed. The large dumpster has an attached cover and is padlocked during non-working hours. The dumpster does not have any other access and is in the rear of the building. Other concerns for the large dumpster include the enclosure extending into the right-of--way between properties. Currently the dumpsters do not encroach on the parking setback line that is shown as 34.9 feet from the edge of the building (see enclosed site plan). Semi-trailers come from Meadowview through the right-of-way between buildings to get to our loading docks. Water Heater Innovations is currently working with the property owners to resolve the parking stalls in the public right-of-way as described in the planning report. A copy of the report was given to the property managers on December 28. Please let me know if there are any other concerns or questions. Sincerely, ~~ ~J.~-~ o ., Jill Hendrickson Manufacturing Engineer Water Heater Innovations Enclosures Phone: (651) 688-8827 Fa X• lFi.51) 688-6675 ~, ~=~ ~~. ~i '4 ~~ n ~ .~ N _~'I N I ~v s ;~- _ arf~ ~ I ~ ~ "s : es3°" ' D O ~ t p ~ ~ Z ~ . S _~ e~~° Ii, N M ,/ ~ ~ 8 ~~ I ~ SIT I~ I / N y ~ ~ ~- .. ~ i e ~ =~';, gc ~ 1~~11 I I I `' ~?. y ~ 1 ~ Y' ~ P O O~ 3 Z 1 a ~ YY ~~ ~ /Mi ^al ~. /O ~} 3 3 3 ~ / s. BlfUw/w0(/S$(~ PAV£YfN,J/ (y ^ " ~' ti~ O D z° fTl D G7 D Z _'S Z Z U% O D A \ I- h.a$` \... ~. / 1 1 1I A '~ `I \ _ \ \ \ ~ ~ f, ~ I I 1 I r ~ \ ~ 1 I I /'.` 1 F I ~ °"°' i i "' . " e y'~ '` / a( "~ \ ~ ~ ~F ~/ ,~ z E ~ ~ag~s~`~~F€i~g4, '€is~`§;EEC' ~~f~~ ~~Y~~~~~€ a~e$f£~i g ., S E 43_gSRt "'3~ a gFa_ ~ F it f s 3'e~ bg ~R a$ Ss s ~~ei3 ~ ! ~~i. e Ys v ~ ~E ~ :Se ~~3 #"~ •s Q~g ~~ ~ f R€~ J ' 3 3 ~ ~ s$ ~r ~ € ; 6$ a s ~ ~SS ! $ ~ cx a L g .. e " e 3 0 ? ~ gR a ~ SF FgtgsYs~ E'~ssr~3~~€~ " ~Yd'~S SF. . 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PLANNED DEVELOPMENT AMENDMENT - INTERSTATE PARTNERS ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Planned Development Amendment (Grand Oak 5) to allow on-sale liquor for a Class I restaurant at 2864 HWY 55 the SE 1/4 of section 2 subject to conditions in the December 27, 2005 APC minutes. To approve (OR direct findings of fact for denial) a Planned Development Amendment (Grand Oak 5) to allow off-sale liquor for the Fragneto's wine store at 2874 Highways 55 in the SE %2 of Section 2 subject to conditions in the December 27, 2005 APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of members present FACTS: - In 2004, a Planned Development was approved for the subject site known as Shops at Grand Oaks, the site was approved for retail and restaurant uses. - Fragneto's Italian Restorante and Deli is the proposed user affected by this amendment. Fragneto's will offer a deli with quick serve food, cooking classes, specialty Italian grocery, and a wine store. - The on-sale liquor will apply to the restaurant and the off-sale will apply to the wine store which is proposed in a different building. - The applicant indicated at the APC meeting that the wine store would not be solely wine, but spirits and beer as well with the main product of wine. - A public hearing was held on December 27, 2005 at the Advisory Planning Commission, the Commission recommended approval of both requests. 60 DAY AGENCY ACTION DEADLINE: January 15, 2006 ATTACHMENTS: (2) Draft APC Minutes, pages ~ through ~ Staff report, pages ~_ through ~_. ~~ City of Eagan Advisory Planning Commission Meeting Minutes December 27, 2005 Page 4 B. Shops @ Grand Oak Applicant Name: Interstate Partners Location: 2864 Highway 55; Lot 3, Block 1, Grand Oak Five Application: Planned Development Amendment A Planned Development Amendment to allow on-off sale liquor. File Number: 02-PA-14-11-05 Chair Heyl stated she will be abstaining from voting on this item. Planner Cartney introduced this item and highlighted the informatiori'presented in the City Staff report dated December 15, 2005. She noted the background and history. Matt Miller, Interstate Partners explained that the off-salevvould nof'be limited to wine, but rather will consist roughly of: 85 percent wine, 1,0 percent spirits, and five percent beer, all being Italian specialties. Vice Chair Bendt opened the public hearing." There being no public comment, Vice Chair Bendt closed, :the public hearing and turned the discussion back to the Commission.:.. Member Chavez moved, Member Gladhiil seconded a motion to` recommend approval of a Planned Development Amendment to allow on-sale liquor for a future Class I restaurant on property located at 2864 Highway 55, Lot 3, Block 1, Grand Oak Five, in the SE '/4 of Section 02 subject to the following condition: 1. A Planned Development Amendment agreement must be executed and recorded with the Dakota County~~recorder. ; _ .. All voted iii favor. Motion carried 6-0. Chair Heyl abstained from ,voting on his item. Member Gladhill,moved, Member Gladhill seconded a motion to recommend approval of a Planned Development Amendment to allow off-sale liquor for the proposed Fragneto's wine storeJocafed on 2874 HWY 55, Lot 3, Block 1, Grand Oak Five, in the SE %4 of Section 02`subject to the following condition: 1. A Planned Development Amendment agreement must be executed and recorded with the Dakota County recorder. All voted in favor. Motion carried 6-0. Chair Heyl abstained from voting on this item. ~7 PLANNING REPORT CITY OF EAGAN REPORT DATE: December 15, 2005 APPLICANT: Interstate Partners PROPERTY OWNER: Same REQUEST: Planned Development Amendment CASE: 02-PA-14-11-OS HEARING DATE: December 27, 2005 APPLICATION DATE: Nov.16, 2005 PREPARED BY: Sheila Cartney LOCATION: 2864 Highway 55 COMPREHENSIVE PLAN: Special Area ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow on-sale liquor for a future Class I restaurant on property located at 2864 Highway 55. aiid off-sale of wine related to the Class I restaurant on property located at 2874 HWY 55 in the SE '/4 of Section 02. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, The provisions of this chapter maybe amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY Interstate Partners, LLC has developed almost 100 acres in their Grand Oak Business Park. Development has included Class A office and office/warehouse. This area is within a Tax Increment Financing (TIF) Redevelopment District. In 2004, a Planned Development was approved for the subject site known as shops at Grand Oak. The subject site was approved for retail and restaurant uses. ~~ Planning Report -Shops at Grand Oak December 27, 2005 Page 2 EXISTING CONDITIONS The subject site is currently under development with two freestanding buildings. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Desi nation North Office PD, Planned SA, Special Area Develo ment East Office PD, Planned SA, Special Area Develo ment South HWY 55 Ri ht-of--way Right-of--way West Office PD, Planned SA, Special Area Develo ment EVALUATION OF REQUEST The applicant is requesting a Planned Development Amendment to allow on and off sale of liquor for a proposed restaurant use. The specific user is Fragneto's Italian Restorante and Deli which is in the food and wine business. In addition to upscale Italian restaurant, Fragneto's offers a deli with quick serve food, cooking classes, specialty Italian grocery, and a wine store. The on-sale would relate to the restaurant facets and the off-sale would relate to the wine store and possibly the Italian grocery. The off-sale would be in a separate building than the on-sale in accordance to state iaw. The applicant's request for off-sale liquor is unusual for this type of use; however, the proposed off-sale function will be tied directly to the Italian restaurant concept proposed and will be limited to wine. While the request is in conjunction with this specific restaurant, on-sale liquor sales should apply to any Class I restaurant in this Planned Development. The off-sale liquor should be tied to this specific user. SUMMARY/CONCLUSION The applicant is requesting approval of a Planned Development Amendment to allow on and off sale liquor for a restaurant located on Lot 3, Block 1, Grand Oak Five. The proposed user Fragneto's offers a unique dining experience to Eagan. Fragneto's offers fine dining, quick service food with a deli, cooking classes, specialty Italian grocery, and a wine store. ~g Planning Report -Shops at Grand Oak December 27, 2005 Page 3 It is typical for a Class I restaurant to have on-sale liquor service. Which was overlooked with the original Planned Development application. City decision makers should deterniine the appropriateness of the off-sale wine service. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow on-sale liquor for a future Class I restaurant on property located at 2864 Highway 55, Lot 3, Block 1, Grand Oak Five, in the SE %a of Section 02. If approved the following conditions shall apply: A Planned Development Amendment agreement must be executed and recorded with the Dakota County recorder. To recommmend approval of a Planned Development Amendment to allow off-sale liquor for the proposed Fragneto's wine store located on 2874 HWY 55, Lot 3, Block 1, Grand Oak Five, in the SE '/4 of Section 02. If approved the following conditions shall apply: A Planned Development Amendment agreement must be executed and recorded with the Dakota County recorder. Location Map Eagan Boundary N Right-of-way ~ParcelArea O Park Area Building Footprint I V I .~.~m..~ o^ p A - - ~ ° _,~ --- ~ ~ o fi a 4,, ,yam w ...,, ...o.., `~ -. - - ~~~ . .~ a -~ ~ ~ ,~ ~ P ~ : o s o ~r ~z Yej. 9G O ~ `~ 9C ~~ ~ ivt4 :: ~ , O ° ~ ~` m "2'% rr ~- a ~ '~, ... ~ ^ t '~a~--: ~ ~~ ° _ ~ -:i. o ~ ,~ ~y e°44~ :~.~ O III ,rw-. ~: S t O v ~ Gy a`_a o° ~~ u~ ~~ -~ zs. p 0 ~, _ Wi`t' - may}: a .o ~ ~ o e P~ Q ~~ a. © © n® ~ 9 B t ~ - n. cr ~ 1000 0 7000 2000 Feel Development/Developer: Shops at Grand ®ak Application: PD Amendment Case No.: Q2-PA-14-11-05 City Of ~B~~Il Map Prepared using FJt51 ArcView 1.7. Parcel base map data provided by Dakota County Office of GIS and is current as of Aprll 2005. THIS MAP IS INTENDED FOR REFERENCE USE ONLY N W E Community Oavelopment Oepanment The City of Eagan and Dakota Gounty do not guarantee the accuracy of this information and are not responstbte for errors or omissions. S Current Zoning and Comprehensive Guide Plan Land Use Map Grand Oak PD Amendment Case No. 02-PA-14-11-05 Zoning Map v ~~ BP BP PD e~ ~kh~ No Location PD sa Current Zoning: 0 z PD Planned Development .1 >: s Y ~Q g PD PD 1-1 '' s E ~. P F [00 0 600 1300 F..t I-1 0 u' Comprehensive Guide Plan Land Use Map 5A SA >•~ ~ky~ Location I sA ~'o ' Ss e, r ti = SA i Current Land Use Designation: Y IND 2 '~ SA ~P SA a Special Area sA IND ,~ ~~ # oo o coo tzoo f..t ~ti _ '~ IND ~,~ SA Puesl6ase ms formation video Dakota Count Land SUrve De [mart Jvra 2007. N p in pro y y y par 2orinq information mafntainad byCity StafL City of Eagan W~E THIS MAP tS INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this information. S ~~ ~ _F ~il~ ~3ril~~~~ r r l r~ ~- .;- ~, ,_: ~; -- -- - _. _._--- .. -_ _ _ _ -- ----~- ^~ , ~, ~. _ _. .T -- ____ _. -- -- - - - .~ ' ~ - . - `-~ _ ~~~ i~`' , ~..~__ -•~ ~~ - ` r- ~ .. ~ ~. .. ~ r ~ ' ~ ' fol. ~ ~~ ~ _ , s•• r •4. ~~ ~r ~ ~ I1 1 ~,~ • y5 r(i.NO,,,N~ i • .Y ~^"y ~ ~ • is f ~ i, ~ ~' ~ ~ ~~` ~ ~ ~ - ', .. - __ ~• _ ~~~ The big picture is that Fragneto's Italian Ristorante and Deli is in the food and wine business. Primarily a restaurant with five doors to revenues- Our family owned and operated business will offer Italian fine dining, a deli with quick service food, cooking classes, specialty Italian grocery and a wine store. Our fine dining is for the upscale Italian dinner crowd. Fragneto's will be a destination restaurant in (Woodbury, New Brighton, or Eagan) and its surrounding communities. Fragneto's is targeted towards the upscale food and wine consumer, where guests feel like they are dining somewhere in Italy. Fragneto's ambiance is intimate, the authentic Italian food is outstanding, the wine is exquisite, the desserts are decadent, and the service impeccable. The total experience will be relaxing, and consumers will value their time with us. The Deli is geared towards quick service and convenience. We will feature the made from scratch quality Italian foods including; a pasta bar with various types of pastas and sauces, pizzas, sandwiches, soups, cold salads, stromboli, grilled vegetables, gelato, espresso/coffee, etc. We will have many dishes prepared to take home frozen or hot; such as lasagne, ravioli, pasta dishes, meatballs, etc. An added revenue stream will be the capacity to cater business meetings or residential parties with the same great Italian foods offered in our deli. The cooking school will offer a variety of hands on participative cooking classes for the gourmet cook or the beginning cook. From individuals to groups or corporate team building; we designed our classes to build confidence in preparing fantastic Italian meals for family and friends. Great for Corporate team building and/or rewarding stafflspouses with a night out in a private setting - or for the general public, to sign up alone or with a friend(s)! The wine store will be for the wine connoisseur. Our inventory will be primarily Italian wines, many not found at local liquor stores. Wine tasting parties with our exclusive wine merchants are available to educate and support the consumer on wine selection and food pairings. The Italian specialty grocery retail store, will be the supply line for anything needed for cooking authentic Italian at home; imported olive oils, balsamic vinegars, pastas, sauce supplies, pizza supplies, cheeses, meats, and desserts. Our store will also offer unique gifts from Italy that you cannot find locally, for example; Italian pottery, Murano glass, gift baskets, and more. The cooking school, specialty grocery store, and wine store all link to each other for additional motivations to buy. The cooking class will feature supplies from our Italian market and wine store. The fine dining restaurant will feature wines sold in our wine store. The cooking school will be promoted in the deli and grocery store. Wine tasting's will have wines featured in our fine dining restaurant and tastes of food as appetizers served from our fine dining restaurant. The majority of our business will be a destination restaurant. You are going to go there because you want to experience Italian fine food, purchase specialty wines, schedule a cooking adventure, or need something special for cooking at home. We are not a drive buy impulse business. The deli however, can serve the drive by market. IulLin Nnl~ ~~ ~ DA f l ~~ Agenda Information Memo January 3, 2006 Eagan City Council C. PRELIMINARY AND FINAL SUBDIVISION (EAGAN PLACE 2ND) SOLOMON REAL ESTATE GROUP ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Preliminary Subdivision and Final Subdivision (Eagan Place) of 9.24 acres to create three lots (Eagan Place 2nd) for property legally described as Lot 1, Block 1, Eagan Place located at 1235 Town Centre Drive; subject to conditions in the December 27, 2005 APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of members present FACTS: - In August 2005, a Planned Development Amendment was approved for the subject site for a Best Buy retail store and two freestanding building pads with the possibility of retail, office or commercial uses. The site was also platted into one lot. - No development is proposed at this time. The subdivision creates 3 lots, Lot 1 for Best Buy (currently under construction) and Lots 2 and 3 for 7,000 square foot freestanding buildings. - Site Plan review by the APC and City Council and Final Planned Development approval is required before development can occur on Lots 2 and 3. - A public hearing was held on December 27, 2005 at the Advisory Planning Commission, the Commission recommended approval. 120 DAY AGENCY ACTION DEADLINE: March 11, 2006 ATTACHMENTS: (2) Draft APC Minutes, pages (0 5 through ~ ~ Staff report, pages ~ through ~~. ~~ City of Eagan Advisory Planning Commission Meeting Minutes December 27, 2005 Page 5 C. Solomon Real Estate Group Applicant Name: Solomon Real Estate Group Location: 1235 Town Centre Drive; Lot 1. Block 1, Eagan Place Application: Preliminary Subdivision A Preliminary Subdivision of 9.42 acres to create 3 lots. File Number: 15-PS-05-11-05 Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated December 14, 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. Chair Heyl stated most of the issues were handled during the Planned Development process. She asked the applicant what other tenants would be occupying the available space. Jay Scott, Solomon Real Estate Group tated he is not certain what businesses will occupy the space; however, it will mostliKely be restaurant or' retail uses. The Advisory Planning Commission discussed the intersection at Yankee Doodle Road and Yankee Place. City Planner Ridley stated the Yankee Doodle,Road and Yankee Place intersection may be closed with the scheduled county road improvement in 2006. Chair Heyl,stated the City should worl<with the county to maintain access of some sort; preferably a'%. intersection. Member Chavez moved, Member Bendt seconded a motion to recommend approval of a Preliminary Subdivision and Final Subdivision of 9.24 acres (Eagan Place) to create three lots (Eagan Place 2"d)';for property legally described as Lot 1, Block 1, Eagan Place located at 235 Town'Centre Drive subject to the following conditions: 1. The developer shall "comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1,2,3,4, C1,2,3, D1, E1 2. The property shall be platted. 3. Development of Lots 2 and 3 require Final Planned Development and Site Plan approval. 4. All mechanical equipment shall be screened from the ground level view of adjacent properties and public streets. 5. All exterior trash enclosures shall be attached to the building and constructed with the same materials and colors as the principal building. 6. All signage is subject to the Planned Development Amendment Agreement 7. Building materials are subject to the Planned Development Amendment Agreement ~~ City of Eagan Advisory Planning Commission Meeting Minutes December 27, 2005 Page 6 8. Uses for Lots 2 and 3 are limited to retail, restaurant and office. 9. The site shall be developed as indicated on the Site Plan. 10. The developer shall ensure that minimum sight distances, in accordance with the MNDOT Road Design Manual, are provided without obstruction for all proposed accesses. 11. The developer is hereby notified that the complete closure of Yankee Place at Yankee Doodle Road may occur in conjunction with the Yankee Doodle Road improvement project by Dakota County scheduled in 2006. 12. If City Project 933 is approved, this owner shall sign a waiver of objection to the proposed special assessment for City Public Improvement Project 933, in a form acceptable to the City Attorney. 13. The developer shall provide evidence of private ingress/.egress easements between the three lots, for review and approval by the City Attorney. All voted in favor. Motion carried 6-0. Member Dugan abstained from voting on this item. ~~ PLANNING REPORT CITY OF EAGAN REPORT DATE: December 14, 2005 APPLICANT: Solomon Real Estate Group CASE: 15-PS-OS-II-OS HEARING DATE: December 27, 2005 PROPERTY OWNER: Eagan Place Partners APPLICATION DATE: November 11, 2005 REQUEST: Preliminary and Final Subdivision PREPARED BY: Sheila Cartney LOCATION: 1235 Town Centre Drive COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision and Final Subdivision of 9.24 acres (Eagan Place) to create three lots (Eagan Place 2nd) for property legally described as Lot 1, Block 1, Eagan Place located at 1235 Town Centre Drive. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "Isz the case of platting, the Plaiming Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the. proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics ofthe site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. ~P Planning Report -Eagan Place 2°d December 27, 2005 Pale 2 E. That the design of the subdivision or the proposed improvement is not likely to cause enviromnental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY 111 August 2005, a Planned Development Amendment was approved for a Best Buy retail store and the subject site was platted into one lot. The site was previously two lots that were developed with a Red Robin Restaurant and the Eagan Mam19 Theater. The Planned Development Amendment also included preliminary approval of two freestanding building pads on the south side of the site. The freestanding building pads are subject to subdivision approval. EXISTING CONDITIONS The subject site is currently under construction with a 45,000 square foot Best Buy Retail store, located on the North side of the site. [P O Planning Report -Eagan Place 2nd December 27, 2005 Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Desi nation North Ea an Promenade Planned Develo ment S ecial Area East Office Planned Develo ment S ecial Area South Dakota County CDA Planned Develo ment S ecial Area West Retail Center Planned Develo ment S ecial Area EVALUATION OF REQUEST Proposal -There is no development proposed as part of this application. The applicant is proposing to subdivide the subject lot into three lots. Lot 1 will be for a Best Buy retail store (currently under construction) and Lots 2 and 3 will be for a freestanding 7,000 square foot building (total of 14,000 square feet total between the two lots). The users have not been identified for Lots 2 and 3 but have preliminary approval for retail, restaurant, or off ce uses. Final Planned Development and Site Plan approval is required before development occurs Lots 2 and 3. Compatibilitywith Surrounding_Area -The Planned Development Amendment approval established the compatibility with the surrounding area. Lots -Lot 1 will be 262,739 square feet (6.03 acres) Lot 2 will be 72,643 square feet (1.67 acres) and Lot 3 will be 75,002 square feet (1.72 acres). Parking -The Planned Development Amendment approved 9'X19' parking stalls. According to the applicants narrative all the lots in the development will be subject to an Operational Easement Agreement which will govern and provide for legal cross easements for parking and access between the three lots. Mechanical Equipment -All mechanical equipment whether roof-mounted or ground-moi.uited shall be completely screened from the ground-level view of adjacent properties and public streets, or designed to be compatible with the architectural treatment of the principal building. Trash Enclosure -All exterior trash enclosures shall be attached to the building and constructed with the same materials and colors as the principal building. Signag_ee - Signage was approved with the Planned Development Amendment. One pylon sign for the entire 9 acres site and building signage was approved. ~~ Planning Report -Eagan Place 2°a December 27, 2005 Page 4 Landscapins; -The Landscape Plan is acceptable as long as it meets minimum sight distances, in accordance with the MNDOT Road Design Manual, are provided without obstruction for all proposed accesses. Gradin /g_TopoQraphy -The preliminary grading plan is acceptable. The site was graded with previous development and Lot 1 is currently being graded for the Best Buy store aild parking lot which was previously approved. The remnant parking lot on Lots 2 and 3 will be removed with redevelopment of the properties. Grades and slopes on the site will remain generally as current, with the site sloping toward the existing Pond DP-20 (as designated in the City Stoinl Water Management Plan). Stornl Drainage -The preliminary storm drainage plan is acceptable. The proposed land use change will utilize the existing storm drainage system on the site, with slight modifications. Storm water runoff will drain the Pond DP-20 along the east side of the site. Utilities -The preliminary utility plan is acceptable. Existing sanitary sewer and water main of sufficient size, depth, and capacity are available from Town Centre Drive for connection by this development. Streets/ Access/ Circulation -Vehicle circulation between the proposed three lots is provided with the preliminary site plan. The developer shall provide evidence of private ingress/ egress easements between the three lots, for review and approval by the City Attorney. Pedestrian circulation in the area is provided by sidewalks and trails on Town Centre Drive and Yankee Doodle Road connected to the City's trail system. Access to Town Centre Drive is proposed at the same three locations as the existing accesses for the current land use, with modifications to width aild alignment to accommodate the new use. The northerly access to the site on Lot 1 directly aligns with Town Centre Drive and is one leg of the four-legged intersection with Town Centre Drive (south and west legs) and Yankee Place (north leg). The current vehicle traffic from Town Centre Drive and Yankee Place warrants placement of a 4-way stop sign control at this intersection. Based on these warrants, City staff will insta114-way stop sign control in the near future. The middle access to the site (near the property line between Lots 1 and 2) is located near the inside of the curvature of Town Centre Drive, and currently has limited sight visibility for vehicles exiting the site, due to existing mature landscaping and berming adjacent to Town Centre Drive .The developer should ensure that minimum sight distances, in accordance with the MNDOT Road Design Manual, are provided without obstruction for all proposed accesses. The bituminous overlay of the Town Centre Drive is scheduled for 2006 in accordance with the City's 5-Year Capital Improvement Plan (CIP). Consideration of this project (City Project No. 933) will be considered by the City Council January 20, 2006. Under this project, a special assessment is proposed to Eagan Place. If this preliminary subdivision is approved, and City Project 933 is approved, this development should be required to sign a waiver of objection to special assessment for City Project 933. ~~ Planning Report -Eagan Place 2nd December 27, 2005 Page 5 The nearby signalized intersection of Town Centre Drive and Denmark Avenue functions at asi acceptable level of service (B/C on an A to F scale). The proposed development and estimated accompanying traffic is not anticipated to adversely impact current or future levels of service of this intersection. Dakota County has reviewed this development proposal plat and has indicated that to follow the County's access spacing guidelines, the nearby intersection of Yankee Place at Yankee Doodle Road (County Road 28) maybe closed to all vehicle turning movements. The developer should be aware that the complete closure of Yankee Place at Yankee Doodle Road may occur in conjunction with the Yankee Doodle Road improvement project by Dakota County scheduled in 2006. Further study of access management and traffic circulation in this area of Yankee Doodle Road will be conducted under this project. Wetlands/Water Ouality -Water Quality requirements have been met with previous development of the subject site. Tree Preservation -There are no tree preservation issues with this proposal. Parks and Recreation -Park and Trail dedication has been satisfied with previous development of the subject site. SUMMARY/CONCLUSION The applicant is proposing to subdivide Lot 1, Block 1, Eagan Place into three lots (Eagan Place 2nd). The site is currently being developed with a Best Buy retail store. A Planned Development Amendment was approved for the subject site in August 2005, approving a 45,000 square foot Best Buy retail store and two 7,000 square feet retail buildings, limiting their uses to retail, restaurant or office. Development of the two freestanding buildings was not proposed at the time. Conununity Shopping Center (CSC) standards were applied with the P1ailned Development review and with this review. The subdivision complies with these standards. Development of Lots 2 and 3 require Final Planned Development and Site Plan approval. Storm drainage and utilities are acceptable. The current vehicle traffic from Town Centre Drive and Yankee Place warrants placement of a 4-way stop sign control at this intersection. Based on these warrants, City staff will install 4-way stop sign control in the near future. The middle access to the site (near the property line between Lots 1 and 2) is located near the inside of the curvature of Town Centre Drive, and currently has limited sight visibility for vehicles exiting the site, due to existing mature landscaping and berming adjacent to Town Centre Drive .The developer should ensure that minimum sight distances, in accordance with the MNDOT Road Design Manual, are provided without obstruction for all proposed accesses. ~~ Planning Report -Eagan Piace 2nd December 27, 2005 Paee 6 ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision and Final Subdivision of 9.24 acres (Eagan Place) to create three lots (Eagan Place 2"d) for property legally described as Lot 1, Block 1, Eagan Place located at 1235 Town Centre Drive; subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1,2,3,4, C1,2,3, Dl, E1 2. The property shall be platted. 3. Development of Lots Z and 3 require Final Planned Development and Site Plan approval. 4. All mechanical equipment shall be screened from the ground level view of adjacent properties and public streets. 5. All exterior trash enclosures shall be attached to the building and constructed with the same materials and colors as the principal building. 6. All signage is subject to-the Planned Development Amendment Agreement 7. Building materials are subject to the Planned Development Amendment Agreement 8. Uses for Lots 2 and 3 are limited to retail, restaurant and office. 9. The site shall be developed as indicated on the Site Plan. 10. The developer shall ensure that minimum sight distances, in accordance with the MNDOT Road Design Manual, are provided without obstruction for all proposed accesses. 11. The developer is hereby notified that the complete closure of Yankee Place at Yankee Doodle Road may occur in conjunction with the Yankee Doodle Road improvement project by Dakota County scheduled in 2006. 12. If City Project 933 is approved, this owner shall sign a waiver of objection to the proposed special assessment for City Public Improvement Project 933, in a form acceptable to the City Attorney. 13. The developer shall provide evidence of private ingress/ egress easements between the three lots, for review and approval by the City Attorney. 7~i STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of--Way This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of--way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of--way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage requirements. C. Plans and Specifications 1. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. ~~ 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedications This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Pazks Commission and approved by Council action. G. Water Ouality Dedication This development shall be responsible for provided a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks Commission and approved by Council action. H. Other All subdivision, zoning, and other ordinances affecting this development shall be adhered to, unless specifically granted a Variance by Council action. Advisory Planning Commission Approved: August 25,1987 City Council September 15,1987 Revised: July 10,1990 Revised:_ February Z, 1993 G:Engineering/Forms/Standard Conditions of Plat Approval / `T ~~~ I~®cati®n Map ~~rt~ ~ ~~~ ... ~ 0 ~ ~ ~o, L ~~~ - ~ ~"~. .~ w~:~-- a O ~: 4 PO ^~ L' xr. Q c a ect Site ~ ~- ~ 0 ~o ~ ~ oaa ~ ~ - ~~ T ~ _ o ... .~ l ~ Q p © cF ~~ .t, .~ w ... ~ ~ x ~ ~ ~o ,. 00 0 t ~. Q ©q Q O o _.0 e F ~ ~°~° o ° ~ D a o ...,..- ~ ~ D ooO ~ "' ® '~~'~s Ci0 9 Cep ~ 6 D D. S ~~}} 4 ~ ~~ ~ m ° 8 ~ 4 •~ ~ °~ °~ h~~ pot ° p ~:~ o ~So6 Pp CJ O 4 k_,YL°ay ~ r ~ 6 f O ~j0O ., O ~D ~o O ~ ~ d ~ P ..r. ~ ~ o c b o -o ( // n _ .. _ .`: 100D 0 _ 10D0 2000 Feet development/Developer: i=agan F~lace Application: Subdivision Case No.: 15-PS-05-11-05 T Map yrDakota Gounry Office ot'G S and Pis cu l(rent as of April 2DOS.~ded w E City of Ea~a~l 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 g net responsible for errors or omissions. Eagan Boundary N Right-of-way Parcel Area Park Area Building Footprint ~` "' /~\\\\ w Current Zoning and Comprehensive Guide Plan Land Use Map Eagan Place Subdivision Case No. 15-PS-05-11-05 Zoning Map PD PD PD Current Zoning: PD Planned Development Location COUNTY ROAD N0.2B (YANKEE DOODLE ROAD) s PD PD '`+ ~f 9 Z CSC PD C MTRf DRIVE PD PD P 600 0 600 1200 Fs.t i ~ i1 R+ c~ a-+ •N U . ~ } t. 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J ~~ --- ~, F, C~ I C~ I ~; I ~ C1 <, ~:-; J~ r T i I :~~.~~ `\ \ ' ~ II o ~ ' ' 1 b ~` ~` , , ; i ~'i / ~ ~ \ ; , • • ,, 'off : (rte a o\ \ ? t ~ ~ ,; r ~ i _ ~ vl 0 ~ ~ of ~ i~` \~~~ 1` \ "\ / '/ /r/~ ~ I ~ ~ / ' / E~P~ ~~\V j ~ / NG i ' ~ -~o`N i C ti~ ~~ E~ I ry I 11 E~; ~~~ :I ;i: ;I. J~~ ~~L~ J { ~T 3 ? .la 3 c a o :; 3 <_ NARRATIVE Preliminary Subdivision for Eagan Place November 16, 20Q5 Introduction Solomon Real Estate Group ("Solomon") is submitting the attached farm, fees and accompanying documents as part of its Preliminary Subdivision application for Eagan Place. This narrative further describes Solomon's request to subdivide Eagan Place into three lots for retail, restaurant and office uses. Property Descrit~tion Existing The 9.42 acre site is located south of Yankee Doodle Road and east of Yankee Place and Town Centre Drive, now platted as "Lot 1, Block 1, Eagan Place". The site is part ofi Planned Development, previously designated for CSC, Community Shopping Center uses, now limited to retail, restaurant and office uses per the Second Amendment to Final Planned Development Agreement, dated August 16, 2005. Currently, on Lot 1, Best Buy is constructing a 45,000 square foot store to be open June 2006. Lot 2 and Lot 3 remain unaltered and continue to exist as paved, parking areas. Proposed Per the Second Amendment of the Final Planned Development Agreement, prior to the construction of the separate 7,000 square foot buildings, the property must be subdivided into two additional lots. While we don't have specific users identified at this time for Lots 2 and 3, we must begin the process in anticipation of developing those two lots in the near future. Given the additional conditions of the Second Amendment that: (1) The two 7,000 square foot developments are subject to Final Planned Development approval and that: (2) Phase II (the two additional 7,000 square foot buildings) will require City Council review and approval of development Site Plan(s), detailed building plans and specifications for Lots 2 and 3 are not included as part of this subdivision application. However, as required, Solomon will apply for Final Planned Development approval and Site Plan review and approval prior to any development or construction of Lots 2 and 3. The proposed subdivision plan reflects the dedicated Right of Way, required by Dakota County, south of Yankee Doodle Road. All lots of the development will be subject to an Operational Easement Agreement ("OEA°) which will govern and provide for legal cross easements for parking and access between at! Pots within the project. The existing curb cuts for the development will remain the same. While specific users have not been identified for the future. phases, anticipated ~q iz~~~l~EOl~ov ~~~oo~ r_ uses include: retail, restaurant, and office, consis#ent with permitted uses. The timing of future phases is dependent on securing quality users and is anticipated to occur after Lot 1 development. Each Lot will be parked adequately per the applicable code requirements. Tenant building signage for,a(1 Lvts will meet applicable code requirements. There will be amulti-tenant pylon sign on the northeast corner of the site incorporating three (3~ illuminated tenant panels. The pylon sign will be no more than 27 feet in height and having 125 square feet of signage area per side, in compliance with all applicable code requirements. A brick base and decorative metal will anchor the sign area. Lastly, the exterior building materials for atI Lot buildings wilt comply with the "commercial Retail Design Standards" that were providing by the City of Eagan to Solomon. It is our understanding that these standards are similar to those used for the Cedar Grove development and thought desirable by the City. Surrounding Jses ar+.d Zoning Within 660 feet of the site, the current zoning is for Planned Development. The following uses exist around the property: To the east; Blue Gross Blue Shield offices; to the west, Edina Realty and Camrnunity Bank, Town Centre Shopper (various retailers), and Dakota County offices; to the south, assisted livinglsenior housing complexes; to the north, Eagan Promenade Shopping Center (various retailers). The proposed plan is consistent with the surrounding commercial uses along v ankee Doodle Road and Town Centre Drive. To accommodate the proposed plan to the Site, no rezoning iS Cef~+! lined. Tha prr,~r~ncad c~hdi,~i4!~ry plan also meets the City's zoning requirements for building and parking lot setbacks. !rrtQac# on Surrounding Propert:+ and ! at'd r!ses The land uses adjacent to the site are largely commercial; more than half is retail, along v~'[th Ismtted m:slti-family res,dent:al. The cont,nued use ^f the Site fvr a commercial use, in particular, r'Or retail uses, is consistent with the current propefi~t zoning, prior CSC uses, ai`~d vti~ith the commercia( nature of both Yankee Doodle Road and Town Centre Drive. ~'D Agenda Information Memo January 3, 2006, Eagan City Council Meeting D. WAIVER OF SUBDIVISION -PAUL O'CONNELL ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Waiver of Subdivision requirements to split a twin home lot located at 2243 and 2245 Mahogany Way in the NW '/4 of Section 31. REQUIRED VOTE FOR APPROVAL: Majority of Council members present. FACTS: - The subject site is legally one lot with a twin home present - The applicant would like to split the lot down the middle of the twin home in order to have two lots one for each unit - The majority of the twin homes in this area are split - Lot size and setbacks are met as proposed - Each unit has their own utility connection 60 DAY AGENCY ACTION DEADLINE: February 20, 2006 ATTACHMENT): Site Plan r p a 8/ C~RTIFIC~T~' Off' ,~SIlRI~~'Y FDf~• ~~1TT O,L~S'ON N89'48'04 "E NORTHWEST CORNER LOT 6 51'07' - / n NORTH UNE LOT 6 nn'' 'ww\ ~~ dl /``' ~I I _~ PROPOSED / ~ ~ PARCEL "q" ;I ~I ~~ ~ I / I , RETAIFaNG WALL I DECK / I RETAMING I i ~ / I EXISTING ^~ O N89'48'04 "E P.o.e. 51.07' N w E N I >~ I S i ~ N - :. \ i O 5I ~ N ~ ~ i ~ 30 0 30 I _ h M' ~ I S ~. ~ ~ ~ = o - - -[~ - - - m - J SCALE 1 " = 30' -~'- j 51 ~• SOUTH UNE l0T 6 ' M o ~ N87'1 58'fY ® N8 16'VV i~--~ ~ I , , o , I ~ , ~_ I I --- _ __ _ I ' ---; - ' MAHOGANY WAY I I , f i M 1 1 1 I 1 rT - I I PROPOSED PARCEL "A" - I _ I That part of Lot 6, Block 1, OAK CLIFF according to the plat on frle and of retard in the i Office of the County Recorder, Dakota County, Minnesota lying west of the following described ~ ~, line; commencing at the northwest comer of said Lot 6; thence North 89 degrees 48 minutes LEGEND ~ 04 seconds East assumed bearing along the north fine of said Lot 6 fora distance of 51.07 i feet to the point of be innin thence South 01 de reel 15 minutes 20 seconds West fora ~ 9 9• 9 distance of 102.09 feet; thence South 03 degrees 23 minutes 26 seconds West for o distance of 42.20 feet; 4henea South OS degrees 27 minutes 23 seconds West for a distance Q . . . .FIRE HYDRANT of 44.12 feet plus or minus to the south line of sold Lot 6 and there terminating. ~ ®. . .. WATER VALVE Containing 9816 square feet. Q . ... MANHOLE PROPOSED PARCEL "B" a . ... cATaH nor That part of Lot 6, Block 1, OAK CLIFF according to plat on file Ond of record in the Office ~ . . . . POWERPOLE of the County Recorder, Dakota County, Minnesota lying cost of the following described line; ~. ... uaHr PaLE commencing at the northwest corner of said Lot 6; thence North 89 degrees 48 minutes 04 seconds Eost assumed bearing along the north line of said Lot 6 for a distance of 5T.07 • ~ ~ .IRON MONUMENT FOUNp feet to the point of beginning; thence South O1 degrees 15 minutes 20 seconds West for a f $ a IRON PIPE MONUMENT SET '' ora distance of 102.09 feet; thence South 03 degrees 23 minutes 26 seconds West distance of 42.20 feet; thence South OS degrees 27 minutes 23 seconds West for a distance '~. .. .EXISTING SPOT ELEVATION of 44.12 feet plus or minus to the south line of said Lot 6 and there terminating. IIIZ~.sI . . . .PROPOSED SPOT ELEVATION Containing 9392 SquOfe feet. ~ . . . .DRAINAGE ARROW I hereby certify that this survey, pion, or report was prepared by me or under my direct supervision and that I Dm a duly licensed Lond Surveyor under the Laws of the State Of Minnesota Signed the 21st day of December, 2005 ~~~ Dennis M. Hansa ~ B & H ON SA MINNESOTA License No. 22440 For 8DM & HonsD CONSULTING ENGINEERS & SURVE ///~~~ SOUTH OFFICE. Alleraliona to this drawin arc rahibited without the 9 P / 5470 WASHINGTON DRNE, SURE 200, EACAN, MN 55122 (65 express written permission of BOM / NONSA vil'er' ~~ ~~ Gopyrignt 2005. BDM / HONSA JOB NO. 900-093-S DRAWN •@Y~D1AH _ 4fl5_LOVELL ROAD, SUITE 172, LEXINOTDN, MN 55014 (763) Agenda Information Memo January 3, 2006 Eagan City Council Meeting E. ORDINANCE AMENDMENT -CITY OF EAGAN ACTION TO BE CONSIDERED: To approve an Ordinance Amendment to modify the uses allowed in Chapter 11, Section 11.60, Subd 19, Park District and direct the City Attorney to prepare and publish the amendment in the legal newspaper. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: - The City Council discussed this item at their September 12, 2005 Workshop and directed the City Attorney to prepare an ordinance amendment based on that discussion. - The proposed amendment expands uses allowed in the Park (P) Zoning District. - The APC held a Public Hearing and recommended denial of the amendment at their regular meeting of December 27, 2004. ISSUES: - The APC stated their reasons for denial were: lack of background information; lack of clear benefit to all Park zoned property and that the change may have unintended consequences. - Peter Coyle, representing the owners of Park View Golf Club, objected to the amendment. He requested the item be tabled to allow more time to review the proposed amendment. - Mailed notice is not required for this ordinance amendment. However, subsequent to the APC meeting, staff mailed notice of this agenda item (on Thursday, December 29, 2005) as a courtesy to these three privately held Park zoned property owners: Lost Spur Golf Club, Park View Golf Club and West End Hunting & Fishing Club. ATTACHMENTS: (2) Draft December 27, 2005 APC Minutes on page ~. Staff Memo and draft Ordinance Amendment language on page ~ through~~. D~ City of Eagan Advisory Planning Commission Meeting Minutes December 27, 2005 Page 12 E. City of Eagan Applicant Name: City of Eagan Location: 3830 Pilot Knob Road Application: Ordinance Amendment An Amendment to Chapter 11, Section 11.60 Subd. 19, to modify the permitted uses allowed in the Park (P) Zoning District. File Number: O1-OR-07-11-OS City Planner Ridley introduced this item and highlighted the information presented in the staff Memorandum dated December 19, 2005. Chair Heyl opened the public hearing. Peter Coyle stated he was representing Park View Golf Club and that he objects to proposed changes. He further stated he was not'notified of the Ordinance:Arnendment and would like more information before it is voted on. There being no further public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Member Keeley asked if any additional irifoi-mation on the Ordinance Amendment is available. City Planner Ridley explained that the item `was discussed at a City Council Workshop and the Council directed the Cfy Attorney to''prepare an ordinance amendment and for staff to bring the amendment through the Public Hearing process. Chair Hey! stated-she will vote against for lack of background information on why the Ordinance Amendment is best for the City of Eagan. Member Gladhill agreed and stated that he is not comfortable approving the Ordinance Amendment as proposed because>it may cause unintended consequences. Member Chavez- moved, Member Dugan seconded a motion to recommend denial of an Ordinance Amendment to Chapter 11 expanding allowed uses in the Park Zoning District because lack`of understanding regarding how it benefits Eagan and properties zoned park and because it might have unintended consequences to future proposals. All voted in favor. Motion carried 7-0. V. OTHER ITEMS There were no Other Items to discuss. VI. VISITORS TO BE HEARD (FOR THOSE NOT ON AGENDA) n~ From: Mike Ridley, City Planner Date: December 19, 2005 Subject: Chapter 11 Amendment The City Council, City Attorney and the LMCIT attorney discussed the possibility of expanding the uses in the Park (P) Zoning District several months ago. The item was also discussed further at a City Council Workshop on September 12, 2005. The Council consensus was that additional uses should be considered provided guidelines supporting the expanded uses were in place. The City Attorney was directed to draft an ordinance amendment that would expand allowed uses in the Park Zoning District, subject to specific criteria. The expanded uses have all been added as Conditional Uses. Attached to this memo is a copy of the City Attorney's draft amendment language and the existing Chapter 11, Section 11.60, Subd. 19, P Park District list of uses. ACTION TO BE CONSIDERED: To recommend approval of an Ordinance Amendment to Chapter 11 expanding allowed uses in the Park Zoning District. Please call me at 651-675-5650 if you have any questions. ~~ DRAFT 12.16.05 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.60, SUBD. 19 REGARDING PARK DISTRICTS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Eleven is hereby amended. by amending 11.60, Subd. 19(C), to read as follows: C. Conditional uses. 1. Freestanding towers. 2. On-sale beer associated with golf course clubhouses. 3. Temporary on-sale beer. 4. Gun clubs. 5. Nursery, day. 6. Nursery, landsca;~e. 7. Church. 8. School;public private, vocational or technical. 9. Single-farrily dwelling:.' e. Impervious surface on any lot may not exceed five percent (5%) of the area of the lot; f. Parking must be proximate to the use; g. Single-family dwellings shall not be within the 60 DNL area from the Minneapolis/St. Paul International airport. h. Structures are to be clustered to minimize impervious surfaces. i. Ponds, water bodies, wetlands and slopes greater than four to one (4:1) shall be preserved and not disturbed. ~~ water and'ci sanitary sewer; DRAFT 12.16.05 Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: Maria Petersen Its: City Clerk Date Ordinance Adopted: Date Ordinance Published in the :Legal Newspaper: Date of Advisory Planning Commission Hearing: ~~ LAND USE REGULATIONS (ZONING) ~ I1.60 15. Effect of frn.al planned develop»ierit appr•ova.l. a. Except as pro~~ided in this section, no building permit shall be i ued for any building on land for which a plan for a planned develo ent has been approved which does not conform to the approved final an. b. Except as provided in this section, development of la ~ for which a planned development has been approved which does not nform to the appraved final plan shall only be allowed after one of th ' ollowing: I. Amendment to the approved final plain ~ the planned development by the city council in the same mans ~r as required for approval of a planned development. 2. Term of the approved planne development by the city council after notice and public hearing i . ~ ~e same manner as required for approval of the planned develops, nt. The council may further condition the vacation of a planned ,_ ' velopiuent in order to better protect the public health, safety and , ' fare. 16. Ter-rnination. Upon expirat~' n of the specific time period approved by the city for total development of a. ' armed development, the subject area shall become a permanent planned velopment district, and the conditions, provisions and restrictions of the al development plan shall continue to govern the use of the land. Provided, evertheless, that if a planned development is not completed within the re fired time period, the planned development district classification shall auto tically terminate as to that portion of the district that has not been develop .The requirements and provisions of the underlying zoning classifica- tion i its entirety shall thereafter apply to the undeveloped area. Any factual dis . tes arising under this subsection shall be presented to and determined by a i " jority vote of the city council. 17 Penalties for- violatr:orz. Each provision of this Code is separable, and a judicial declaration of invalidity of any one provision thereof shall not invalidate the remainder. Any person who shall violate any of the provisions of this Code shall be guilty of a misdemeanor and upon conviction thereof shall be unished by a _ _ ,, .~! T..-..--- ne nn'excee ma mu mums as a opte v Minnesota State Statute. Subd. Z9. P Par•lz District. A. Purpose. The Park District is intended for public and private park uses and related facilities. B. Permitted uses. 1. Camping grounds. 2. Freestanding satellite dishes, subject to the regulations thereof elsewhere in this chapter, 3. Golf courses. Supp. No. 10 CD11:71 k~ 11.60 EAGAN CODE 4. Parks. 5. Playgrounds. 6. Public structures. 7. Swimming pools. 8. Tennis courts. C. Conditional uses. 1. Freestanding towers. 2. On-sale beer associated with golf course clubhouses. 3. Temporary on-sale beer. 4. Gun clubs. D. Permitted accessory uses. 1. Temporary outdoor events, subject to regulations thereof elsewhere in this chapter. ,. A. _,urpose,; ,The .purpose of this district is -for city,' state, and federal governnie` buildings, public and private schools and hospitals. B. Permitted uses. 1. Antennae on a city water reservoir tank or tower and publi tility tower antennae, subject to regulations thereof elsewhere in this ch er. 2. Building mounted antennae, subject to regulations the of elsewhere in this chapter. 3. Churches. 4. Freestanding satellite dishes, subject to the re ations thereof elsewhere in this chapter. 5. Governmental buildings. 6. Hospitals. 7. Public utility structures and equip ent. 8. Satellite dishes, subject to re tions thereof elsewhere in this chapter. 9. Schools. B.[1). Conditional uses. 1. Daycare facilitie sst~ciated with churches. 2. Electrical su tations and other public utility facilities. 3. Freesta ng~ower and wind energy conversion systems, subject to reg~llations there elsewhere in this chapter. Supp. INTO. to CD11:72 ~'9 Agenda Information Memo January 3, 2005, Eagan City Council Meeting A. PRESENTATION -DAKOTA FUTURE ECONOMIC DEVELOPMENT PARTNERSHIP -BILL COLEMAN ACTION TO BE CONSIDERED: To receive a presentation regarding the Dakota Future economic development organization. FACTS: - In the past, Dakota County, its business community and its cities have identified the potential benefits in cooperating in economic development activities that can benefit all of the participants. - In 2003, Dakota Future was launched through the efforts of the County Workforce Investment Board, the area Chambers of Commerce, area utilities and other interested parties. The initial focuses of the group were in the azeas of E-Commerce readiness and the engagement of business and community leaders in developing a strategy for Dakota County's economic development future. - in the two years since the organization formed, it has implemented informational and training events for public and private entities supporting economic development, developed a web site/portal to Dakota County cities' economic development web sites, acted as a conduit for DEED and Positively Minnesota information, provided networking opportunities for Dakota County cities and businesses and other activities outlined in the organization's annual report, a copy of which is attached. - At the present time, Dakota Future is made up of private sector members that work with staff from the cities and County. It is possible that public sector membership will be pursued by the group in the future. - Bill Coleman serves as the Executive Director of the organization. Mr. Coleman will be present at Tuesday's Council meeting to overview Dakota Future's recent past and expectations for 2006. ATTACHMENTS: - Dakota Future 2005 Annual Report on pages through ~. qo ~o m p ~ *.. h O ? O N o ~. h b0 ~_ ~ ~ ~ ~ 5 h L O ~ ~ ~ ~ ,,0, O ~ N U ~ > CS +.. ~ > ~ CS ~ ~ ~ ~ ooa ~ ~ ~ ~ ~ ~ ,a ~' r oRi ~ ~ o0i > ~ ~ Go Ct -~ o~i by 's ~ ~ ~ y ~. ~ U U U q CS > h O o~ A o~ o 0 0 :: o.~... o o~ °~~_ a~~, o h o o•~ o~ ~`'~~ ~' •~ obi .s o "~ °' s y q ° y o q'~ ~ ~ •oo ~ ~' ~ ~ eoi •~' '~ ~ ~ o •CS w > +.. ,,r '~ s. +r Ct ~ U O ~ •O O C d b0 Cq ~• h ~ ei O U ~ '~ V ~ O O y ~ d ~. h 'O O Dq +.. ~ V O ~. O^~ +:. 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