The URL can be used to link to this page

06/20/2006 - City Council Regular AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING June 20, 2006 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA (At approximately 8:00 p.m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS -a~ A. Recognition of Eagan Explorers Post for 20 years of Service IV. CONSENT AGENDA ,9..S A. APPROVE MINUTES P. it B. PERSONNEL ITEMS P. 1 a C. APPROVE CHECK REGISTERS P V5 D. APPROVE resolution naming authorized bank account signers P IS E. APPROVE Municipal Electronic Voting System Plan iQ 2P F. ACCEPT donation of $6,500 from the Crime Prevention Association for the purchase of a 1965 squad car ..aXG. APPROVE Kennel License for Lesley Tscheme, 3812 Blackhawk Ridge Place n H. APPROVE 2006 - 2007 license renewals for massage therapist establishments I'~. APPROVE 2006 - 2007 license for renewals for amusement devices 'j J. APPROVE application for the Eagan Foundation to conduct bingo on July 4 K. RECEIVE Feasibility Report and Schedule Public Hearing (July 18, 2006) for Project 929 (Red Pine Lane /Gun Club Road - Street Improvements) p~ L. RELEASE Development Contract, Cedar Bluffs Business Center F141N. 69M. RECEIVE Bids and Award Contract 06-07 (Sewer Lining) SCHEDULE Public Hearing (July 18, 2006) for Project 858 (Sibley Terminal Industrial Park - Storm Sewer Improvement) `t3 O. APPROVE Findings of Fact establishing a Redevelopment Plan for Southeast Eagan Redevelopment Project Area No. 1 and establishing Southeast Eagan Tax Increment Financing District No. 1 therein and adopting a Tax Increment Financing Plan and District and authorize a request for certification of the district by Dakota County P~ ~4P. APPROVE Final Subdivision - Yankee Square - A final subdivision of 4.99 acres to create 3 lots located on Lot 1, ncc'' Block 2, Bicentennial Seventh Addition, and Lot 1, Block 1, Bicentennial Sixth Addition in the NE '/4 of Section 16 l~ ` .COQ. APPROVE Premise Permit renewal for Metro Baseball League to conduct pull-tab operations at Joe Sensers Sports Grill and Bar, 3010 Eagandale Place P.M. AWARD contract to Harris Contracting Company for the purpose of installing energy conservation measures at the Eagan Civic Arena and authorize the Mayor to sign the appropriate documents p.0S. RECEIVE petition and schedule public hearing (July 18, 2006) to consider vacation of public right-of-way (Gun l~ Club Road) P- (40 T. APPROVE final payment and authorize City maintenance of Contract 04-05 (Well No. 20 pumping equipment) P• 61 U. ACCEPT a donation from the Eagan Lioness for a bench to be placed within Central Park p (,&V. APPROVE the hiring of Community Technology Advisors to assist with updating the Comprehensive Plan and City Code P-72 W. APPROVE request for extension of time to record final plat for Oakview Center 2"d Addition 1%73 X. AWARD bid for a diesel exhaust removal system for the five fire stations P. Y. APPROVE Extension for Recording the Final Plat of Kennerick Third Addition- Gail McMahon V. 1 PUBLIC HEARINGS VI. OLD BUSINESS P7p A. COMPREHENSIVE GUIDE PLAN AMENDMENT - Paster Enterprises, LLC. A Comprehensive Guide Plan Amendment of approximately 24 acres from Special Area - Office/Service to Special Area - Commercial Retail located in the SE 1/4 of Section 9. VII. NEW BUSINESS 92'- A. CONDITIONAL USE PERMIT - Shawnee Associates - A Conditional Use Permit to allow outside storage of material in transit located at 1904 Shawnee Road on Lot 4, Block 2, Cedar Industrial Park in the SW '/4 of Section 17. P. 9f B. PRELIMINARY SUBDIVISION - The Heritage of Highview - Gloria Fritz - A Preliminary Subdivision of 1.7 acres to create 4 single family lots located at 1420 Highview Avenue on Lot 2 and 3, Block 1, Highview Park Addition in the SW '/4 of Section 4. VIII. LEGISLATIVEANTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY There are no regular business items to come before the EDA at this time. The EDA will be asked to hold an executive session to discuss negotiations for the possible acquisitions of the Cedar Grove Shell Station. The EDA will adjourn its meeting at the close of the executive session A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS X. ADMINISTRATIVE AGENDA XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIII. 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. City of Eakan ma TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JUNE 16, 2006 SUBJECT: AGENDA INFORMATION FOR JUNE 20, 2006 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the June 20, 2006 City Council agenda, the following items are in order for consideration. 1 Agenda Information Memo June 13, 2006, Eagan City Council Meeting III. Recognitions and Presentations ACTION TO BE CONSIDERED: Recognize the Eagan Police Explorers for 20 Years of Service to the Community FACTS: • The Eagan Explorer Post was established in 1986 • The Explorer Post is comprised of young adults (ages 14-21) who volunteer their time to the community • Currently, there are 15 members in the Eagan Post • Members of the Explorer Post donated approximately 5000 hours of time to the community in 2005. • The police department supports this group by dedicating one sergeant, along with three police officers who act as advisors. • At a recent conference in Breezy Point, MN, the Eagan Explorer Post competed against other Posts and won a number of trophies. No Attachments Agenda Information Memo June 6, 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 June 6, 2006 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the June 6, 2006 regular City Council meeting are enclosed on pages through 3 MINUTES OF A REGULAR MEETING OF THE DRAFT EAGAN CITY COUNCIL Eagan, Minnesota June 6, 2006 A Listening Session was held prior to the regular City Council meeting at 6:00 p.m. in the Eagan Room. Present were Mayor Geagan, Councilmembers Fields, Maguire, Carlson and Tilley. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on May 16, 2006 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley, and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATIONS CONSENT AGENDA Councilmember Maguire pulled items D, E, and I for discussion. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the balance of the consent agenda. Aye:5 Nay:0 A. Minutes. It was recommended to approve the minutes of the May 9, 2006 special City Council meeting and the May 16, 2006 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to appoint Deputy Chief McDonald as Acting Chief of Police effective May 27, 2006. 2. It was recommended to approve the hiring of Natalie Jones and Emily Thorkildson as part-time seasonal recreation leaders. 3. It was recommended to approve the hiring of Michelle Finlon, Kelley Hammond, Elizabeth Anderson, Andrew Johnson and Laura Farlee as part-time seasonal recreation assistants. 4. It was recommended to approve the hiring of Judith Forde, Jackie Carlson, Joan Rodgers, Pamela Clarke-Garcia and Barb Mason as part-time seasonal preschool teachers. 5. It was recommended to approve the hiring of Sandy Kukulski as a part-time seasonal preschool assistant. 6. It was recommended to approve the hiring of Amber Geske as a part-time seasonal puppet wagon site coordinator. 7. It was recommended to approve the hiring of Jeffrey Brooker, Elise Chell, Gordon Dentinger, Tim Dornseif, Patrick Flannigan, Stephen Foertsch, Jesse Guillette, Christopher Hoffman, Brian Hopkins, Micharl Hopkins, Tori Johnson, Cassy Lenz, Jake Loesch, Peter McIlhon, Nicolas Mestad, Briaa Meyers, Steve Nelson, Tricia Nutters, Brian Polkowski, Bryon Seppamaki, Daniel Streefland, Matthew Steele, Aaron Vermer, Tyler VonDelinde, David Jungers, Marcia Weitzel, Jacob Loesch, Robert Rausch, Andrew Koppang, Megan Grouws, Luke Selby, Richard Lemay, Adam Nelson, Frank Kocer, Joseph Carchedi, Kevin Stevenson, Ryan Newmann, Kevin Weber, Jacob Krinhop, Geoff Cleveland, David Streefland and Lindsey Carlson as seasonal parks maintenance workers. 8. It was recommended to approve the hiring of Michael Graves, David Tripp, Alec Graham, William Boyd and Matt Smith as seasonal utilities maintenance workers. 9. It was recommended to approve the hiring of Catherine Ayers, Brandon Hughson and Tyler Olson as seasonal GIS interns in Utilities. 10. It was recommended to approve revisions to the Leave of Absence Policy as presented. 11. It was recommended to approve the RFP for Health Insurance Coverage for 2007 as presented. Eagan City Council Meeting Minutes June 6, 2006 Page 2 C. Check Registers. It was recommended to ratify the check registers dated May 18, 2006, May 25, 2006 and June 1, 2006 as presented. D. Pulled for discussion. Parade Permit. E. Pulled for discussion. Shows License. F. Amusement Device License. It was recommended to approve an Amusement Device License for Namco Cybertainment, Inc. G. Classification of Tax Forfeited Property. It was recommended to declare the following parcels as non- conservation land: 1. 10-22750-010-00 (Eden Addition Outlot A) 2. 10-22451-241-01 (Eagan metro Center 2nd Addition Shannon Glen Condo No. 1, Garage #68) H. Off-Sale Liquor License for Black Diamond Liquor, LLC, dba Black Diamond Liquor, 525 Diffley Road, Suite 1030. 1. Pulled for Discussion. Temporary 3.2 Percent Malt Liquor License. J. Temporary On-Sale Liquor License. It was recommended to approve a Temporary On-Sale Liquor License for Faithful Shepherd Catholic School and Waive $150 Fee. K. Precinct 5 Polling Place. It was recommended to approve a resolution establishing Mount Calvary Lutheran Church, 3930 Rahn Road, as the new polling place for Precinct 5. L. Airport Noise Study. It was recommended to approve the hiring of Orfield Laboratories, Inc. to conduct the second phase of the airport noise study. M. 5 Year Capital Improvement Plan (2007-2011). It was recommended to approve the 5-year Capital Improvement Plan for 2007-2011 and authorize the initiation of the public improvement process for the 2007-programmed improvements. N. Proiect 934. It was recommended to approve an agreement with Dakota County for Engineering and Construction for Project 934 (Galaxie AvenueBlackhawk Road at Cliff Road - Intersection Reconfiguration) and authorize the Mayor and Deputy City Clerk to execute all related documents. 0. Project 768. It was recommended to authorize the preparation of detailed plans and specifications for Project 768 (Northwood parkway, Ring-Road Extension - Bridge and Street Improvements) and the associated contract with SRF Consulting Group, Inc. P. Negotiations for Property Acquisition. It was recommended to authorize negotiations by City staff for acquisition of property located within Yankee Plaza Addition as identified in Eagan Right of Way Map No. 669-2 (Official Map of Duckwood Drive - Ring Road Concept). Q. Contract 06-02. It was recommended to approve Change Order No. 2 to Contract 06-02 (Citywide - Street and Sidewalk Improvements) and authorize the Mayor and City Clerk to execute all related documents. R. Airport Relations Commission. It was recommended to appoint ARC alternate Steve Beseke to a one-year term on the ARC to fill the vacancy that resulted from the resignation of ARC member Dan Flanagan. S. Easement Vacation. It was recommended to receive the petition to vacate a portion of public right-of-way (Eagan Woods Drive) within Outlot A, Eagan Woods Office Park Addition and schedule a public hearing to be held on July 5, 2006. T. Rosemount Comprehensive Guide. It was recommended to approve comments to the City of Rosemount regarding the Comprehensive Guide Plan Amendment for properties located on Highway 3. U. Special City Council meetings for July 11 and August 8 cancelled and replaced with special meetings on August 22 and 29. The regular council meeting for September 19 was changed to September 26. D. Parade Permit. Maguire questioned the difference in charges for parade entries. It was noted that State Statute regulates fees for political entries. Council requested that the Lions Club review their policies for future years. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve items D, E, and 1. E. Shows License. Approved a Shows License for the Eagan Lions / July 4U' Funfest to hold a carnival, street dance, food vendors and fireworks event on July 3-4, 2006. 1. Tempprarv Liquor License. Approved the temporary 3.2 percent malt liquor license for the Eagan Lions Club for the Fourth of July celebration (July 3-4, 2006) and waive the $25 license fee. t7 Eagan City Council Meeting Minutes June 6, 2006 DRAFT Page 3 2005 COMPREHENSIVE ANNUAL FINANCIAL REPORT City Administrator Hedges introduced Matt Mayer of Kern, DeWenter, Viere, Ltd. who made a presentation regarding the 2005 Comprehensive Annual Financial Report. Councilmember Maguire moved, Councilmember Carlson seconded a motion to receive and accept the 2005 Comprehensive Annual Financial Report. Aye: 5 Nay: 0 PUBLIC HEARINGS SOUTHEAST EAGAN REDEVELOPMENT PLAN, TAX INCREMENT FINANCING DISTRICT AND TAX INCREMENT FINANCING PLAN City Administrator Hedges introduced this item regarding a redevelopment plan for Southeast Eagan Redevelopment Project Area No. 1. Community Development Director Hohenstein gave a staff report. Sid Inman, Elhers and Associates, provided an overview of the proposed Tax Increment Financing District. Mayor Geagan opened the public hearing. Betty Fedde, 1662 Norwood Drive, suggested that Council consider if the City can really afford the investment of the proposed TIF district. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Maguire seconded a motion to close the public hearing and direct findings of fact to approve a Resolution Adopting a Redevelopment Plan for Southeast Eagan Redevelopment Project Area No. 1, a Resolution Establishing Southeast Eagan Tax Increment Financing District No. 1 therein and a Resolution Adopting a Tax Increment Financing Plan for the District. Aye: 5 Nay: 0 VARIANCE TO EXCEED LOT COVERAGE AT 4387 BENT TREE LAND TODD AND SUSAN JOHNSON City Administrator Hedges introduced this item regarding a request for a Variance to exceed 20 percent lot coverage by 1.26 percent for an addition to the principal structure at 4387 Bent Tree Lane. Community Development Director Hohenstein gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Aye: 5 Nay: 0 Councihmember Maguire moved, Councilmember Tilley seconded a motion to approve a Variance from the 20 percent maximum building coverage standard in Residential zoning districts for construction of a 342 square foot addition located at 4387 Bent Tree Lane (Lot 3, Block 1, Autumn Ridge 2"d Addition) in NE 1/4 of Section 25; subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The finish materials and color of the addition shall match the existing principle structure. 3. The addition shall be located as indicated on the site plan dated May 15, 2006. 4. Lot coverage shall not exceed 21.26 percent. ~A Eagan City Council Meeting Minutes June 6, 2006 1)/?A Page 4 VARIANCE City Administrator Hedges introduced this item regarding a request for a 2.5% variance to the maximum 20% lot coverage requirement for Lot 11, Block 2, Stoney Point 2nd Addition at 1566 Lakeview Curve for the purpose of reconstructing an addition to the home. Community Development Director Hohenstein gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember moved, Councilmember seconded a motion to approve a 2.5% Variance to the maximum 20% lot coverage requirement for Lot 11, Block 2, Stoney Point 2"d Addition at 1566 Lakeview Curve for the purpose of reconstructing an addition to the home; subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The addition shall not exceed the size shown on the proposed site plan. 3. The exterior materials of the proposed addition shall match the existing structure. PROJECT 778, TH 149 - STREET UPGRADE City Administrator Hedges introduced this item regarding the Environmental Assessment / Environmental Assessment Worksheet on the street upgrade for Trunk Highway 149. Public Works Director Colbert gave a staff report. Kevin Oglund, SEH, made a presentation highlighting the key staging and scheduling points. Mayor Geagan opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmembers discussed the proposed upgrade. Councilmember Maguire moved, Councilmember Tilley seconded a motion to receive comments and close the public hearing on the Environmental Assessment/Environmental Assessment Worksheet for Project 778 (Trunk Highway 149 - Street Upgrade). Aye: 5 Nay: 0 PROJECT 938, NICOLS ROAD - SIDEWALK IMPROVEMENTS (PIN OAK DRIVE TO CLIFF ROAD) City Administrator Hedges introduced this item regarding sidewalk improvements for Project 938, Pin Oak Drive to Cliff Road. Traffic Engineer Tim Plath gave a staff report. Mayor Geagan opened the public hearing. Rick Casper, Casper's Sirloin Room, discussed pedestrian safety issues in regard to the sidewalk being constructed on the west side of Nichols Road. Phil Stallberger, a signer of the original petition, stated he felt a sidewalk is definitely needed in the area. There being no further public comment, Mayor Geagan closed the hearing and turned discussion back to the Council. Council consensus was to continue consideration of the sidewalk improvements to allow staff time to include an option for sidewalks on the east side of Nichols Road. Councilmember Carlson moved, Councilmember Maguire seconded a motion to continue consideration of Project 938, (Nicols Road, Pin Oak Drive to Cliff Road Sidewalk Improvements) to July 18, 2006. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes June 6, 2006 Page 5 f. OLD BUSINESS COMPREHENSIVE LAND USE PLAN AMENDMENT - CITY OF EAGAN City Administrator Hedges introduced this item regarding an amendment to the Comprehensive Guide Plan for approximately 1.3 acres located on Outlot A, Kennealy Addition, from LD - Low Density to HD - High Density Residential which was continued from the May 2, 2006 meeting. Community Development Director Hohenstein gave a staff report. After discussion of various options for the property, it was the consensus of the Council to leave the property zoned as Low Density Residential. No action was taken. REPORT REGARDING THE RESOLUTION OF THE BLACKHAWK ROAD-RAPTOR ROAD TRAIL EASEMENT City Administrator Hedges introduced this item regarding the trail easement dispute between the Jacob Ingalls, owner of a single-family lot adjacent to the Greyhawk subdivision and the Greyhawk Townhome Association which was previously discussed at the April 18, 2006 Council meeting. Community Development Director Hohenstein stated that the City Attorney had asked for an update from the parties but no updates have been recieved. Nichole Whipple, President of Homeowners Association stated there has been no progress in resolving the dispute. Councilmember Carlson moved, Councilmember Tilley seconded a motion to proceed with the acquisition of a trail easement at the current trail location through eminent domain. Aye: 5 Nay: 0 WINTER TRAIL MAINTENANCE PROGRAM (2006-2007) City Administrator Hedges introduced this item regarding proposed amendments to the 2006-2007 winter tail maintenance program. Public Works Director Colbert discussed the proposed amendments. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the requested amendments to the Winter Trail Maintenance Program for 2006-2007 except for the portion on the north side of Yankee Doodle Rd from Lexington Avenue to Elrene Road. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT - MOE'S SOUTHWEST GRILL City Administrator Hedges introduced this item regarding a conditional use permit to allow on-sale beer and wine in conjunction with a restaurant at 1282 Town Centre Drive. Community Development Director Hohenstein gave a staff report. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow on-sale beer and wine in conjunction with a restaurant at 1282 Town Centre Drive (Town Centre Shopping Center), legally described as Lot 2, Block 1, Town Centre 70 2nd Addition, in the NW of Section 15, subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 60 days of approval. 2. On-sale beer and wine sales shall comply and be operated in accordance with all relevant state laws and regulations. Eagan City Council Meeting Minutes June 6, 2006 /I Page 6 ON-SALE WINE, SUNDAY WINE AND 3.2 PERCENT MALT LIQUOR LICENSE FOR BA-OCK, INC., dba MOE'S SOUTHWEST GRILL, 1281 TOWN CENTRE DRIVE City Administrator Hedges introduced this item regarding a request for a On-Sale Wine, Sunday Wine and 3.2 percent malt liquor license for Moe's Southwest Grill located at 1281 Town Centre Drive. Community Development Director Hohenstein gave a staff report. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the On-Sale Wine, Sunday Wine and 3.2 percent malt liquor license for BA-OCK, Inc., dba Moe's Southwest Grill, 1281 Town Centre Drive. Aye: 5 Nay:0 PLANNED DEVELOPMENT AMENDMENT - JOE KOHAUT (VIVA ITALIA) City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow an outside dining patio in conjunction with a Class I restaurant (Viva Italia) at 1629 Lena Court. Community Development Director Hohenstein gave a staff report. Craig Kelsner, adjacent property owner, expressed concern over increased noise if tables are allowed outside the building. He requested that if the outdoor tables are allowed that no audio be allowed and access be limited to the side door only and not the back door to help eliminate noise from restaurant staff. The manager of Viva Italia discussed the proposed outside dining patio and parking issues. He indicated that there would be no audio system outdoors and access to the restaurant would be limited to the side door only. Councilmember Carlson moved, Councilmember seconded a motion to approve a Planned Development Amendment to allow an outside dining patio in conjunction with a Class I restaurant at 1629 Lena Court, legally described as Lot 1, Block 1, Centennial Ridge 2nd Addition, in the NW '/a of Section 28, subject to the following conditions: Aye: 4 Nay: 1 (Geagan opposed) 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. 2. Additional parking will be required to be installed if overflow parking goes to public streets, pervious surfaces or other private property. At that time, additional stalls shall be identified from among the proof of parking stalls as identified on the 9/28/04 site plan. To maximize the effectiveness for cross easements for parking, no signs designating parking for particular businesses within the development will be permitted. 3. The operation of the restaurant and outside dining shall comply and be operated in accordance with all relevant state laws and regulations regarding on-sale liquor. 4. The outdoor dining area shall be enclosed with a wrought iron fence and gate, accessible from inside the building. The fence and gate shall be similar to the existing fence on the south side of the building. 5. Patio lighting shall be provided by light caps on the fencing and table-top lights. Details about the light caps and table-top lights shall be provided for incorporation into the PD Amendment Agreement. 6. The awning shall be of a color to blend in with the brick exterior of the building. No signage shall be allowed on the awning. 7. Only seven tables allowed and Outdoor tables are not permitted south of the service door. 8. No audio or music will be allowed outside the building. CONDITIONAL USE PERMIT - SHAW INDUSTRIES This item was continued to the June 20, 2006 Council meeting with the adoption of the agenda. PRELIMINARY SUBDIVISION (EAGANDALE CENTER INDUSTRIAL PARK NO. 19) LARSON PROPERTIES City Administrator Hedges introduced this item regarding a preliminary subdivision to create two lots upon 3.79 acres located at 3000 Denmark Avenue. Community Development Director Hohenstein gave a staff report. 9 Eagan City Council Meeting Minutes OR June 6, 2006 /r+~ T Page 7 P Councihnember Carlson moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision to create two lots upon 3.79 acres located at 3000 Denmark Avenue, legally described as Lot 1, Block 2, Eagandale Center Industrial Park No. 9, in the NE '/4 of Section 10, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, and B3, C4, D1, and E1. The property shall be platted. 2. A final Planned Development approval and Agreement will be required prior to development of Lot 1. 3. Should the existing landscaping along Lone Oak Road be removed in the future, the hotel shall install some other landscape materials for screening purposes within the remaining 5' setback area between the parking lot and pubic right-of-way. 4. The pylon sign shall be relocated so that the pylon sign is located on Lot 2 and satisfies the minimum 10-foot setback prior to final subdivision approval. 5. An easement and shared sign agreement that is acceptable to the City Attorney, shall be executed prior to final subdivision approval to ensure the opportunity for both buildings to utilize the pylon sign once Lot 1 develops. 6. A pedestrian trail connection from the development to the sidewalk on Lone Oak Road shall be provided. 7. The developer shall provide evidence of private ingress/egress easement, in a form acceptable to the City Attorney, between Lots I and 2 providing for this shared access to Denmark Avenue prior to final subdivision approval. 8. This development shall dedicate public right-of-way along Lone Oak Road and Lexington Avenue, as required by Dakota County. 9. This development shall dedicate restricted access to Dakota County along the entire north and west edges of the plat adjacent to Lone Oak Road and Lexington Avenue. ADMINISTRATIVE AGENDA City Administrator Hedges noted that an Executive Session would be necessary to discuss litigation regarding Kevin Mellon vs. City of Eagan; Diffley Market Place vs City of Eagan; Carriage Hills Update; and a matter concerning EDA for the acquisition of the Lyn Nelson property. Public Works Director Colbert stated Dakota County will host an Open House on Tuesday, June 20, 2006 from 3:30 pm to 6:30 pm in the Atrium of the County's Western Service Center in Apple Valley to provide citizens an opportunity to learn more about current traffic conditions along the Cedar Ave. corridor and about the Bus Rapid Transit (BRT) system and highway improvements being considered. Councilmember Maguire suggested that staff work with the 40' of July Committee on policy changes for parade fees for next year. Councilmember Maguire provided an update from the Public Works Committee - Window Signage Task Force Committee, stating that recommendations will be forwarded to the Advisory Planning Commission and a Council workshop. VISITORS TO BE HEARD Barb and Ron Miller provided Council with a list of possible ordinance violations by Richfield Blacktop located at 3206 Sibley Memorial Highway, adjacent to their property. They discussed their concerns regarding noise and fumes from the property. They requested that the Conditional Use Permit for the property be reviewed. Council directed staff to investigate the possible ordinance violations. Councilmember Fields moved, Councilmember Maguire seconded a motion to adjourn the regular City Council meeting at 10:25 p.m. Aye: 5 Nay: 0 Date Administrative Secretary / Deputy City Clerk Agenda Information Memo June 20, 2006 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Utilities Maintenance Worker-- ACTION TO BE CONSIDERED: To approve the hiring of Adam Bourassa as a Utilities Maintenance Worker. Item 2. Part-time Clerical Tech III/Police- ACTION TO BE CONSIDERED: To approve the hiring of Brea Bruggeman as a part-time Clerical Tech III in Police. Item 3. 9-1-1 Dispatcher-- ACTION TO BE CONSIDERED: To acknowledge the internal transfer of Anna Volk from Community Service Officer to 9-1-1 Dispatcher. Item 4. Recreation Facility Manager- ACTION TO BE CONSIDERED: To acknowledge the promotion of Sonja Rippe from Recreation Program Supervisor to Recreation Facility Manager. Item 5. Recreation Program Manager- ACTION TO BE CONSIDERED: To acknowledge the promotion of Paula Nowariak from Recreation Program Supervisor to Recreation Program Manager. Item 6. Part-time Fitness Attendants/Community Center-- ACTION TO BE CONSIDERED: To approve the hiring of Jamie Feckey, Dawn King and Jessica Tonn as part-time fitness attendants at the Community Center. Agenda Information Memo June 20, 2006 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated June 8, 2006 and June 15, 2006 as presented. ATTACHMENTS: • Check registers dated June 8, 2006 and June 15, 2006 are enclosed without page number. ~a Agenda Memo June 20, 2006 Eagan City Council Meeting CONSENT AGENDA: D. Approve resolution naming authorized bank account signers. ACTION TO BE CONSIDERED: To approve a resolution naming the authorized signers on the Anchor Bank accounts. FACTS: • In March 2006, pursuant to the City's banking services RFP process, Anchor Bank was selected and designated as a depository for the City. • The process of switching from US Bank has begun and staff expects to begin using the Anchor Bank accounts for checks and deposits in mid-July. • The attached resolution names the four signers authorized to sign checks and/or initiate wire transactions to pre-approved destination accounts: o Mayor Geagan o Director of Administrative Services VanOverbeke o Chief Financial Officer Pepper (Treasurer) o Accountant It Fink • No changes are being made to the list of authorized signers from the old bank to the new bank. ATTACHMENTS: • The Corporate Authorization Resolution is attached on page . 1~ ACCOUNT #:100021247 CORPORATE AUTHORIZATION RESOLUTION Anchor Bank, West St Paul N.A. By: City of Eagan 1360 Duckwood Drive 3830 Pilot Knob Rd Eagan, MN 55123 Eagan MN 55122-1810 Referred to in this document as "Financial Institution" Referred to in this document as "Corporation" I, certify that I am Secretary (clerk) of the above named corporation organized under the laws of MINNESOTA Federal Employer I.D. Number 41-0847612 , engaged in business under the trade name of City of Eagan , and that the resolutions on this document are a correct copy of the resolutions adopted at a meeting of the Board of Directors of the Corporation duly and properly called and held on (date). These resolutions appear in the minutes of this meeting and have not been rescinded o modified. AGENTS Any agent listed below, subject to any written limitations, is authorized to a rcise the powers granted as indicated below: Name and Title or Position S nature Facsimile Signature (if used) X A. Thomas Pepper, 1~[ 'rl ~w~*Ir ~ irk niM k B. Gene VanOverbeke,f>ilretlc~ okAAvv%,,r% ~CeUSIX Y-04 Q X C. Linda Fink, Rccb iv\+6_V-\-r X X D. Pat Geagan, L or X X E. X X F. X X POWERS GRANTED (Attach one or more Agents to each power by placing the letter corresponding to their name in the area before each power. Following each power indicate the number of Agent signatures required to exercise the power.) Indicate A, B, C, Description of Power Indicate number of D, E, and/or F signatures required (1) Exercise all of the powers listed in this resolution. r (2) Open any deposit or share account(s) in the name of the Corporation. (3) Endorse checks and orders for the payment of money or otherwise withdraw or transfer funds on deposit with this Financial Institution. (4) Borrow money on behalf and in the name of the Corporation, sign, execute and deliver promissory notes or other evidences of indebtedness. (5) Endorse, assign, transfer, mortgage or pledge bills receivable, warehouse receipts, bills of lading, stocks, bonds, real estate or other property now owned or hereafter owned or acquired by the Corporation as security for sums borrowed, and to discount the same, unconditionally guarantee payment of all bills received, negotiated or discounted and to waive demand, presentment, protest, notice of protest and notice of non-payment. (6) Enter into a written lease for the purpose of renting, maintaining, accessing and terminating a Safe Deposit Box in this Financial Institution. (7) Other LIMITATIONS ON POWERS The following are the Corporation's express limitations on the powers granted under this resolution. prior to EFFECT ON PREVIOUS RESOLUTIONS This resolution supersedes resolution dated 0 5 / 3 0 / 0 6 If not completed, all resolutions remain in effect. CERTIFICATION OF AUTHORITY I further certify that the Board of Directors of the Corporation has, and at the time of adoption of this resolution had, full power and lawful authority to adopt the foregoing resolutions and to confer the powers granted to the persons named who have full power and lawful authority to exercise the same. (Apply seal below where appropriate.) ❑ If checked, the Corporation is a non-profit corporation. In Witness Whereof, I have subscribed my name to this document and affixed the seal of the Corporation on (date). Attest by One Other Officer Secretary ® 1985, 1997 Bankers Systems, Inc., St. Cloud, MN Form CA-1 1113/98 I L4 (page I of 2) Agenda Information Memo June 20, 2006, Eagan City Council Meeting E. ADOPT MUNICIPAL ELECTRONIC VOTING SYSTEM PLAN ACTION TO BE CONSIDERED: To adopt the City of Eagan's Municipal Electronic Voting System Plan authorizing the use of the AutoMARK Voter Assist Terminal. FACTS: ➢ The Help America Vote Act (HAVA) of 2002 requires that each state comply with new federal requirements regarding election administration. One component of the law mandates that all polling places be equipped with at least one disabled- accessible voting system to give voters with disabilities the opportunity to vote with independence and privacy. Each of the 21 precincts in Eagan will be equipped with a new electronic voting system, known as the AutoNL RK ballot marker beginning with the September 12, 2006 Primary Election. This equipment will be used in conjunction with the existing AccuVote Optical Scan equipment. Funding for the new equipment was allocated by the federal government. Ongoing maintenance costs have yet to be determined and the City will likely be responsible for some or all of that cost. ➢ Minnesota Statute 206.58, Subd. 1 states that the governing body of a municipality, at a regular meeting or at a special meeting called for the purpose, may provide for the use of an electronic voting system in one or more precincts and at all elections in the precincts, subject to approval by the County Auditor. The governing body shall disseminate information to the public about the use of the new voting system at least 60 days prior to the election and shall provide for instruction of voters with a demonstration voting system in a public plan for the six weeks immediately prior to the first election at which the new voting system will be used. ➢ M.S. 206.82, Subd. 2 states that a municipality shall prepare an electronic voting system plan which indicates acquisition of sufficient facilities, computer time, and professional services and which describes the proposed manner of compliance with M.S. 206.80 (governing electronic voting systems.) This plan must be submitted to the Secretary of State's Office by June 30, 2006. ➢ Outreach efforts will be undertaken to inform the public about the new equipment in accordance with M.S. 206.58, Subd. 1. These measures will include the airing of a video, prepared by the Secretary of State's Office regarding the use of the new equipment, on the Burnsville/Eagan Community Television channel 14 during the month of June, in addition to posting information on the City's web site. A demonstration machine will also be placed at City Hall in sufficient time to comply with state statutes prior to the Primary Election on September 12. Staff will continue to look for other opportunities to inform the public about the new equipment throughout the summer months. ATTACHMENTS (2): 1 Electronic Voting System Plan enclosed on pages p- through 1 Product Fact Sheet regarding the AutoMARK Voter Assist Terminal on page /S City of Eagan Voting System Plan June 20, 2006 The Municipality of Eagan certifies that it will use electronic voting systems including both ballot marking and tabulating machines certified for use in Minnesota and meeting the requirements of Minnesota Statutes §206.80, as listed on the table attached as Appendix A. The County of Dakota has acquired sufficient Automark ballot marking devices from Election Systems and Software (ES&S) and will deploy 21 of precincts) devices to the Municipality of Eagan. The following is the electronic voting system plan required by Minnesota Statutes §206.82, subdivision 2. 1. Acquisition of Sufficient Facilities A. All ballot marking devices have been delivered to the Dakota County Treasurer/Auditor Office, located in the Dakota County Administration Center, 1590 Highway 55, Hastings, MN 55033. B. The equipment was delivered via surface carrier from the manufacturer. C. Upon delivery all devices were moved to a secured storeroom. D. The storeroom is restricted by key access. E. Decision One, a subcontractor for ES&S, completed acceptance testing on May 25, 2006. F. All ballot marking devices will be securely stored at Dakota County. In preparation for each election, the ballot marking devices will be transported to the polling places by the City of Eagan. II. Computer Time A. No third parties will be used for the programming of the Automark ballot-marking devices. Dakota Public Services and Revenue staff and Treasurer-Auditor staff will do all Automark related programming. B. All system programming will be done using Automark Information Management Software, version 1.1. III. Professional Services A. Election System and Software, Inc. contracted with Decision One to perform preliminary acceptance testing on all Automark devices delivered to Dakota County. B. Dakota County Elections will contract with Election Systems & Software, Inc. to have a technician present on all primary and general election days to provide hardware and software support for the ballot marking devices. IV. Testing A. At least two weeks prior to each election, preliminary testing will be conducted to verify the accuracy of programming and the operation of the ballot marking devices. B. City staff, in conjunction with Dakota County staff, will create test decks for all precincts in accordance with Minnesota Rules 8220.1150. C. A portion of each test deck will be marked using the Automark ballot marking devices and the remainder will be marked by hand. 1 l c~ D. The Automark devices will be tested for proper keypad, touch screen, audio, zoom, high contrast, over vote warning, and under vote warning functionality. For the state primary, the crossover warning will also be tested. E. The Automark marked portion and the remainder of the test decks will be counted through their respective Accuvote optical scan machine for each polling place. F. A results tape will be printed and compared against the pre-audited results listed on each test deck spreadsheet. G. A public accuracy test will also be held prior to each election in accordance with Minnesota Statutes §206.83. H. Diagnostic testing to ensure the operation of each ballot-marking device will be conducted by Dakota County staff at least four months prior to the primary or general election. V. Compliance with Minnesota Statutes §206.80 A. City staff, in conjunction with Dakota County Elections staff, will conduct supplemental acceptance testing of all Automark devices to ensure compliance with the provisions of Minnesota Statutes §206.80. This supplemental testing will be done in addition to the acceptance testing done by Decision One (listed above.) B. The Automark ballot-marking device was certified for use in Minnesota by the secretary of state on December 5, 2005. C. The Automark ballot-marking device has been tested and certified to have met the standards provided for voting systems by the Election Assistance Commission. VI. Municipal Plan Table The Municipal Plan Table attached as Appendix A details the electronic voting systems including the assistive voting technology that will be used at each polling place. VII. Acknowledgment of plan and amendments A. I acknowledge that the information in this plan is true and accurate as of this date. B. This plan may be amended from time to time to reflect changes in election laws, administrative procedures, or voting equipment. City Clerk Date STATE OF MINNESOTA COUNTY OF DAKOTA Subscribed and sworn to me this day of 12006. (date) Notary public or other officer empowered to take and certify acknowledgements (notary stamp) 2 1~7 O O O N 0 d O O O O O O O O O Co O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O i O O O O O O O O O O O O O O O O O O O O O a N N N N N N N N N N N N N N N N N N N N N v U d V] V] C/) V] cn V] V] V] cn Vn cn U) U) V] V] V] V] V] V) V) (n Vt'O 000000000000000000000 a~ a~ a~ a~ v a~ a~ 0 a~ a~ v a~ a~ a~ a~ ° 0 a~ a~ a~ a~ Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y C U 'GQ' O O O O O O O O O O O O O O O O O O O O 0 O •y .U. > > > > > > > > > > > > > > > .y O O O O O O O O O O O O O O O O O O O O O O O. `y U U U U U U U U U U U U U U U U U 0 U U U ~ o 0 0 o U o 0 0 0 o v ~ o 0 0 ~ o o ~ ~ U d d Q d Q Q Q Q Q Q Q d d Q Q d Q d d Q Q 7 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a 0 a~ a~ a~ a~ a~ a~ a~ a~ a~ 0 0 0 0 0 a~ a~ a~ a~ 0 0 ~ QAQAAA~IAf~AAA~I~IAA~1f~Af~~1 a •L U CQ •y ~ •L G. t~J' ~ "O O U U U U U U U U U U U U U U U U U U U U U d C, 'Im + 0 0 0 U U w°°°° 0 0 o v o U o 0 0 0 0 i= U 'Y r+ •Y~ 'a+ + + 'a+ + t+ 'ar 't+ 'r + '.5 O 00 r-Li O O ro-li O O O O O O O O O O O O o 0 0 0 0 0 F U u V] V] Vl V~ V] V~ C/] V] ~ Cn V) V1 V1 U1 ~ ~ ~ V] V] V) U1 ~ d.~ HHHHHHHHHHHHHHHHHHHHH~ :p N ~ •p+ ea C N w .~C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0. kr) Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y a~ r 'bA G O O O o 0 0 0 0 0~ o~ o~ 0 0 0 0 0 0 0 a v~.'a Q Q Q d d d d d d d d d d d d d d d Q Q Q d a > 0 V1 cn U) V) v] w V1 Ln V~y] V) rA y U) V) V) m U) On on rA U~m Vv) V] V] cn w Cl) w V] V) V) w w V) U1 V1 V] ~ wwwwwwwwwwwwwwwwwwwwww w o U w CC 73 ce c6 b y a U O O M b o bA N M d V1 ~O r,- 00 a1 O N M' %0 r- oo ON O p M ,U b. .-r ,--i - .--i - - - N N ~ O " U cad ~ ~ N ~ QI p y+ 4r CD o A N 2 ~ d 00 U m - E ►.7 tf) o Q 0 b v c'°e „ H o 0 'd c 04 P4 0 P4 e~ o c~p4C:, 4) a o °Oq „ ~A o ° -rs q°q a~ c x orb °r .C o a c x a a u 44 '0 ~ ` O o N o x M o A 4) o v c x a°i ° A 0 c) 0 O N O O oo M U~+ N 0 CA 00 ' v rn° Cr o 0 M y O U O Cd U C. M 0 r. S"' c7 0 O .S". L V) = u It E .r. ea P:4'4 W w r a p 0 p Y U a) Ij U .14 vi Q y R z ~ ~ y y 4.4 u s-, cl 0 ee ea o a U b O b Z 3 0 0 w o a O. C, s. tC o a~ a> o z a.OHU Qww3CO)Z 0:UHwC/54.Urs:a,w MAINTAINING • CONFIDENCE. ENHANCING THE VOTING EXPERIENCE. EXPERIENCE RELIABILITY SECURITY INNOVATION J . >RODUCT OVERVIEW ES&S AutoMARK"' Voter Assist Terminal Election Systems & Software (ES&S) and AutoMARK Technical Systems, LLC (formerly Vogue Election Systems) have teamed up to offer the ES&S AutoMARK The ES&S AutoMARK is a breakthrough ballot-marking technology that allows voters with disabilities and other special needs to mark a ballot privately and independently when using an optical scan voting system. The technology was developed based on input from election authorities and disability organizations. The ESBS AutoMARK voter assist terminal does not tally or store votes; rather, it is a ballot-marking system designed to provide privacy and k accessibility to voters who are blind, vision-impaired, or have a The ES&S AMMARK is disability or condition that would make it difficult or currently being evaluated impossible to mark a ballot in the usual way. Even a by independent laboratories temporary condition, such as a broken arm, could make and, pending certification, it difficult for a person to mark a ballot. In addition, the is expected to be available technology provides language assistance to voters who " In the beginning of 2005. are more comfortable speaking a different language or f who need help to better understand written instructions. KEY FEATURES The ES&S AutoMARK guarantees that an The ability to protect current systems allows A zoom feature enable the voters to increase optical scan balloting device will capture jurisdictions to use existing optical scanner the font size of each race listed on the voter intent. No more overvotes. No more hardware/software solutions. Simply adding optical scan ballot. This may be especially mismarked ballots. Unique software an ES&S AutoMARK device to a polling helpful for voters who are sighted but have applications ensure that no more than the location ensures compliance with the federal limited vision. proper number of candidates can be chosen Help America Vote Act (HAVA) and eliminates for each race. A summary page verification the need to reinvest in a new ballot style or The ES&S`AutoMARK offers multiple- process allows voters to notice any skipped tabulation system. HAVA requires that all language capability to ensure that all races or undervotes and to change their polling locations be equipped with at least citizens in a diverse population exercise selections before printing. one disability-accessible voting machine. their privilege to vote. Visual and audible ballots in multiple languages can be stored An audio function, which allows blind voters A sip/puff tube is used by voters who are not on a single machine. or those with severely impaired vision to able to use the touch screen or touch pad. listen to the choices through headphones. The system supports write-in candidates._ * AutoMARK is a trademark of AutoMARK Technical Systems, LLC J 11208 John Galt Boulevard - Omaha, NE 68137 USA - Phone: 402.593.0101 - Toll-Ftee: 1.300-247.8683 - Fax: 402,5911,810/ - VVVPA1.eS5VQte.101T1 Agenda Information Memo June 13, 2006, Eagan City Council Meeting F. Acceptance of a 1965 replica Eagan Police squad car from the Eagan Citizen's Crime Prevention Association ACTION TO BE CONSIDERED: Accept a 1965 replica Eagan Police Squad Car from the Eagan Citizens Crime Prevention Association (value $6500). FACTS: • In preparation for the police department's 40th anniversary, Ken Southorn procured and restored a 1965 Ford Station Wagon to similar specifications that matched the first Eagan Police Squad Car. • Ken Southorn funded the restoration of this vehicle. • The Eagan Citizen's Crime Prevention Association (E.C.C.P.A) procured funds in an effort to purchase the vehicle for the City of Eagan. • Recently, the E.C.C.P.A. purchased the vehicle from Ken Southorn and would like to donate the vehicle to the City of Eagan. • The vehicle would be "titled" as a police vehicle. No attachments a~ Agenda Memo June 20, 2006 Regular City Council meeting CONSENT AGENDA: G. Kennel License for Lesley Tscherne, 3812 Blackhawk Ridge Place ACTION TO BE CONSIDERED: Approve a kennel license for Lesley Tscheme at 3812 Blackhawk Ridge Place FACTS: • The applicant originally applied for a conditional use permit on April 4 to allow a kennel in a residential neighborhood. • Council felt an interim use permit would be more appropriate for the proposed kennel license and approved same on April 18 with the following conditions: 1. The Interim Use Permit shall be recorded against the property at Dakota County. 2. The premises are allowed no more than four (4) guest dogs at any one time. 3. The applicant must maintain a current kennel license issued by the City. 4. No full-time boarding of animals for commercial purposes may occur on this property. 5. The operations of the kennel must comply with the standards in Chapter 10 of the City Code regarding the keeping of animals. 6 The Interim Use Permit shall expire on April 18, 2011. • The Animal Control Officer has inspected the premises and confirms that the licensing requirements have been met. ATTACHMENTS • None (The application and licensing checklist completed by the Animal Control Officer is available in Administration for review. J1 Agenda Memo June 20, 2006 Regular City Council Meeting CONSENT AGENDA: H. 2006-2007 License Renewals for Massage Therapy Establishments ACTION TO BE CONSIDERED: Approve license renewals for Massage Therapy Establishments for 2006-2007 FACTS: • Massage therapy establishment licenses run from July 1 to June 30`h each year • The following massage therapy establishments are due for license renewal: 1. Keep in Touch of Eagan, 3424 Denmark Avenue 2. Lifetime Fitness, 1565 Thomas Center Drive 3. Divine Touch Massage Center, 2130 Cliff Road #130 4. Cole's Salon, 3450 Pilot Knob Road 5. Cole's Salon, 2131 Cliff Road 6 Cloud Nine Salon & Spa, 1284 Town Center Drive, Ste. 114 7. Body Wellness Massage Center, 3410 Federal Drive Ste. 102 8. Solimar Wellness Spa LLC, 1121 Town Center Dr. Ste. 105 9. Neuromuscular Connection, 4580 Scott Trail 10. Cross Train Personal Training / MN Max, Inc. 820 York Ave. IL Twin Cities Therapeutic Massage, 4660 Slater Road • Approval will be subject to all requirements of the application being met and fees paid ATTACHMENTS: • None (Applications will be available for review in the Administration Department) Agenda Memo June 20, 2006 Regular City Council Meeting CONSENT AGENDA: I. 2006-2007Amusement Device License Renewals ACTION TO BE CONSIDERED: Approve 2006-2007 amusement device license renewals FACTS: • Amusement device license run from July 1 through June 30 of each year • Listed below are the licensees (and locations of the devices) that are to be renewed: 1. Lawrence Brennan, Bonfire Grill, 1555 Cliff Road 2. Awe Vending, Piccolo's Pizza, 4162 Pilot Knob Road; Eagan Community Center 3. Theisen Vending Company, Grand Slam Sports, 3984 Sibley Memorial Highway 4. Lieberman Companies, Lafonda De Lobos Restaurant, 3665 Sibley Memorial Highway; Joe Sensers Sports Bar, 3010 Eagandale Road; Old Chicago, 1312 Town Center Drive; Valley Lounge, 3385 Sibley Memorial Highway; Cherokee Sirloin Room, 4625 Nicols Road 5. American Coin Merchandising, Walmart, 1356 Town Centre Drive; Cub Foods, 1940 Cliff Road • Approval is subject to all requirements of the application being met and fees paid. ATTACHMENTS: None. (The applications are available for review in the Administration Department) Q3 Agenda Memo June 20, 2006 Regular City Council Meeting CONSENT AGENDA: J. Application for the Eagan Foundation to conduct Bingo on July 4, 2006 ACTION TO BE CONSIDERED: Approve application for excluded bingo for the Eagan Foundation to conduct bingo games on July 4, 2006 at the Eagan Community Center FACTS: • The Eagan Foundation has applied with the Minnesota Gambling Board to conduct excluded bingo on July 4th at the Eagan Community Center • This event was held last year during the 4th of July festivities • Staff has reviewed the application and sees no reason to deny ATTACHMENTS: None. (The application is available for review in the Administration Department) au- Agenda Information Memo June 20, 2006 Eagan City Council Meeting K PROJECT 929, RED PINE LANE/ GUN CLUB ROAD STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 929 (Red Pine Lane/ Gun Club Road - Street Improvements) and schedule a public hearing to be held on July 18, 2006. FACTS: • On March 27, 2006, City staff received a petition from Revestors, Inc., developers of the proposed "Red Pine Crossing" development, requesting the preparation of a feasibility report for street improvements on Red Pine Lane (Biscayne Avenue to Highway 3) and Gun Club Road (Biscayne Avenue to approximately 300 feet west), and sanitary sewer improvements within the development property. • Red Pine Crossing is a preliminary subdivision, rezoning, and planned development application submitted by Revestors, Inc. on approximately 10 acres in the southeast corner of Red Pine Lane and Highway 3 in southeast Eagan. Red Pine Crossing proposes commercial development consisting of general retail, grocery, and banking uses. • On April 4, 2006, the City Council preliminarily approved the rezoning, planned development and subdivision of Red Pine Crossing. • Conditions of approval for the developer included that the developer be responsible for the following: 1. all roadway and signal mitigative improvements on Red Pine Lane and at the Red Pine Lane/ Highway 3 intersection necessary to serve the development. 2. the extension of public sanitary sewer of sufficient size, depth, and capacity through the development to serve properties south and east, in accordance with the City Comprehensive Sewer Plan. 3. the upgrade of Gun Club Road from Biscayne Avenue to the Red Pine Crossing development (approximately 300 feet). • Also on April 4, the City Council received the petition from Revestors, in response to the conditions of approval, and authorized the preparation of a feasibility report by the City Engineer for Project 929 (Red Pine Lane/ Gun Club Road) for these improvements. • On June 13, 2006, Revestors, Inc. submitted a request that the Red Pine Lane and sanitary sewer portions of the public improvement project be deleted. Revestors, Inc. requests that these improvements be performed privately by the developer under terms of a development contract and conditions of approval. The developer requests that the Gun Club Road portion of the improvements remain as a public improvement proj ect. • A draft of this Feasibility Report, with only the Gun Club Road improvements, has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, July 18, 2006. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. • Request Letter from Revestors, Inc., page Z(D . Z5 7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124-7580 (952) 431-4433 414M MEMORANDUM: PROJECT: Red Pine Crossing COMM NO: 05018 DATE: June 14, 2006 TO: John Gorder, City of Eagan SUBJECT: Petition for Public Improvement On behalf of the developer, Revestors Group 4, I am formally withdrawing several items from the petition for public improvement previously submitted. Based on the meeting with you, and the costs involved, the developer has elected to install the following items privately First, the developer agrees to privately construct the eastbound right turn lane along Red Pine Lane going into the development. This work includes relocating the walk path, dedication of 14 feet of right-of-way, and re-striping Red Pine Lane all as shown on the plan provided by the City and drawn by SEH and dated 5/23/06. The developer also agrees to privately install the sanitary sewer line through the Phase I portion of the development at the size and depth required for future city extension. This line will be as shown on sheet C2 of the final planned development submittal. The sanitary sewer line will terminate at a manhole near the east properly line, as close to the property line as practical without undermining the existing utility pole. Upon completion this main sanitary sewer line will become a public utility. The developer requests that the paving of Gun Club Road remain under consideration as a public improvement and assessed to the appropriate properties. If you have any questions regarding this request, please contact me. Respectfully Submitted, Quinn S. Hutson, AIA Principal CNH Architects, Inc. cc: File Tim Anderson, Revestors Bill Beckfeld, Cornerstone P: TROJECTSU00 510 5 0 1 8VTEXT\CJIY REVIEW (SITE, CUP)IREVISION TO PETITION FOR PUBLIC HAPROVEMENT.DOC Agenda Memo June 20, 2006 Eagan City Council Meeting L. RELEASE OF DEVELOPMENT CONTRACT CEDAR BLUFFS BUSINESS CENTER ACTION TO BE CONSIDERED: To approve release of Development Contract between the City of Eagan and Opus Northwest, LLC for Lot 1, Block 1, Cedar Bluffs Business Center and authorize Mayor and Clerk to execute a new Agreement between City and Opus Northwest, LLC concerning the warranty of the public improvements installed under the development Agreement. FACTS • The City and Opus Northwest, LLC entered into a Development Agreement dated April 19, 2005 concerning the development of the Cedar Bluffs Business Center. • The Developer recorded the Development Agreement with the Dakota County Registrar of Titles. • The Developer now desires to sell the property and the buyer is requesting that the Development Agreement be released. • The Development Agreement contains a clause that upon submittal of the required as- built plans for any public improvements and satisfactory determination of the completion of the improvements that the developer may request that it be released from its obligations under the Development Agreement. Provided, that the Developer must provide a two-year bond warranting the improvements against poor design, engineering, materials and faulty workmanship. • City Staff has determined that the public improvements are acceptable and the City accepted the improvements on March 21, 2006. • The Developer has agreed to provide a warranty bond in the amount of $130,000.00 for a two-year period for the two-year warranty. ATTACIEUENTS ~Q • Release of Development Contract, pages through Z. • Bond Agreement, pages through Z-? -----------------------------------------Reserved for Recording Data---------------------------------------- This instrument was prepared by and after recording return to: D. Albert Daspin Daspin & Aument LLP 227 West Monroe Street, Suite 3500 Chicago, Illinois 60606 RELEASE OF DEVELOPMENT CONTRACT THIS RELEASE OF DEVELOPMENT CONTRACT (this "Release") is made as of , 2006, by and between the City of Eagan, a Minnesota municipal corporation ("City"), and Opus Northwest, L.L.C., a Delaware limited liability company ("Developer"). RECITALS: A. Pursuant to that certain Development Contract By and Between the City of Eagan and Opus Northwest, L.L.C. for the Development of Cedar Bluffs Business Center dated as of April 19, 2005, and recorded May 26, 2005, as Document No. 566307 with the Office of the County Registrar of Titles of Dakota County, Minnesota, by and between the City and the Developer (the "Development Contract"), the City and Developer entered into certain agreements with respect to the development of certain real property located in the City of Eagan, Dakota County, Minnesota and legally described on Exhibit A attached hereto and made a part hereof ("Property"), upon and subject to the terms and provisions contained in the Development Contract. B. The Development Contract provides that upon submittal by Developer of the required As-Built Plans for each Plan identified in Paragraph 3.1 of the Development Contract, and upon satisfactory determination of completion of the Improvements pursuant to Paragraph 5.2 of the Development Contract and payment of all costs owed to the City, the Developer may apply in writing for a release of its obligations under the Development Contract, other than 564003/0082522880163/3 certain specified obligations imposed therein, and that the City Council may authorize the release of Developer from the obligations under the Development Contract by appropriate resolution. C. Developer has submitted the required As-Built Plans and City has confirmed and determined that the Improvements have been completed in accordance with the terms of the Development Contract. Accordingly, City is willing to release Developer and the Property from the terms and conditions of the Development Contract, subject to the terms and conditions of this Release. D. Unless otherwise provided herein, capitalized words and terms used herein shall have the same meanings ascribed to such words and terms as in the Development Contract. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Developer agree as follows: 1. Except as provided in Section 2 below, City does hereby release the Developer, its successors and assigns, from its obligations and liabilities under or arising under the Development Contract. 2. Notwithstanding the provisions of Section 1 above, the obligation to pay Special Assessments set forth in Section 10.4 of the Development Contract shall constitute a covenant running with the land. 3. Developer hereby represents and warrants to the City that Developer has the power and authority to enter into and perform its obligations under this Agreement, and such performance will not conflict with or result in a breach of any of the terms, conditions or provisions of any agreement or instrument to which Developer is a party or by which it is bound, or constitute a default under any of the foregoing, or violate any law, order, writ, injunction or decree of any court, administrative agency or governmental body; this Agreement is valid, binding and enforceable against Developer in accordance with its terms, subject to applicable bankruptcy, moratorium, insolvency, creditors' rights and similar laws or statutes. 4. This Release shall be binding upon and inure to the benefit of the City and the Developer and their respective successors and assigns. 5. This Release may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 6. This Release shall be governed by and construed in accordance with the laws of the State of Minnesota. [Signature Page Follows] 2 564003/00825/22880163/3 IN WITNESS WHEREOF, City and Developer have executed this Release as of the day and year first above written. CITY: DEVELOPER : City of Eagan, Opus Northwest, L.L.C., a Minnesota municipal corporation a Delaware limited liabili company By: By: Its: Mayor Its: Attest: 9mdJ. C;sr . ;d+,on Its: City Clerk ViCe Plelloot and (ie:,~raI Courdel 3 564003/00825/22880163/3 STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2006, by and , the Mayor and City Clerk, respectively, of the City of Eagan, a Minnesota municipal corporation, on behalf of said corporation. (Seal) Notary Public STATE OF MINNESOTA ) ss COUNTY OF H til ) The foregoing instrument was acknowledged before me this 5 day of Junc , 2006, by eB yS 8,, "nJsaA , the iit I , of Opus Northwest, L.L.C, a Delaware limited liability company on behalf of said limited liability company. (Seal) Notary Public DENISE S. FARAGHER vvvv J. 3t. ate NOTARY PUB~IC_mmESOTA 4 564003/00825/22880163/3 3[ EXHIBIT A Legal Description of Property Real property in the County of Dakota, State of Minnesota, described as follows: Parcel 1: Lot One (1), Block One (1), Cedar Bluffs Business Center, according to the recorded plat thereof, Dakota County, Minnesota. (Torrens property, Certificate of Title No. 136299) A-1 564003/00825/22880163/3 32. AGREEMENT THIS AGREEMENT (this "Agreement") is made as of the day of June, 2006, by and between the City of Eagan, a Minnesota municipal corporation ("City"), and Opus Northwest, L.L.C., a Delaware limited liability company ("Opus"). RECITALS: A. By that certain Development Contract By and Between the City of Eagan and Opus Northwest, L.L.C. for the Development of Cedar Bluffs Business Center dated as of April 19, 2005, and recorded May 26, 2005, as Document No. 566307 with the Office of the County Registrar of Titles of Dakota County, Minnesota ("Development Contract"), by and between the City and Developer, the City and Developer entered into certain agreements with respect to the development of certain real property located in the City of Eagan, Dakota County, Minnesota and legally described on Exhibit A attached hereto and made a part hereof ("Property"). B. The Development Contract provided that upon submittal of certain plans identified in the Development Contract, and upon satisfactory determination of completion of the improvements identified therein, Opus would be released from its obligations under the Development Contract, other than certain obligations specified therein. Opus has submitted the required plans to the City, and has completed the Improvements. C. By that certain Release of Development Contract dated as of the date hereof ("Release"), City released the Development Contract, other than with respect to the payment of Special Assessments. D. Unless otherwise provided herein, capitalized words and terms used herein shall have the same meanings ascribed to such words and terms as in the Development Contract. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Developer agree as follows: 1. Notwithstanding the Release, City and Opus agree that unless a longer warranty period is provided by Minnesota law, Opus warrants the Improvements against poor design, engineering, materials and faulty workmanship for a period of two (2) years after acceptance thereof by the City Council, which acceptance occurred on March 21, 2006 ("Date of Acceptance"). Opus further agrees to provide a warranty bond(s), in an amount equal to One Hundred Thirty Thousand and 00/100 Dollars ($130,000.00), for a two (2) year period commencing upon the Date of Acceptance. Opus shall be solely responsible for the cost and expense to perform all required repair work to City standards within thirty (30) days of written notification by City. 2. All of the covenants and agreements made by Opus hereunder are the personal covenants and agreements of Opus, and the owner of the Property or any part thereof shall have no liability or obligation with respect to payment or performance of any matter contemplated by Paragraph 1 above, and the City agrees to look solely to Opus for any such payment and performance, and not to any other party. 564003/00825/22880182/3 3. Any notice or other communication in connection with this Agreement shall be in writing and shall be sent by United States certified mail, return receipt requested, postage prepaid, by nationally recognized overnight courier guarantee next day delivery, by telecopy, or by personal delivery, properly addressed as follows: If to Opus: Opus Northwest, L.L.C. 10350 Bren Road West Minnetonka, Minnesota 55343 Attn: Vice President Facsimile No.: (952) 656-4814 With a copy to: Opus, L.L.C. 10350 Bren Road West Minnetonka, MN 55343 Attn: Legal Department Facsimile No.: (952) 656-4529 And a copy to: Daspin & Aument, LLP 227 W. Monroe Street, Suite 3500 Chicago, Illinois 60606 Attn: D. Albert Daspin Facsimile No.: (312) 258-1955 If to City: City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Attn: City Administrator Facsimile No.:(651) 675-5012 With a copy to: Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147`h Street, Suite 600 Apple Valley, Minnesota 55124 Attn: Robert Bauer Facsimile No.: (952) 432-3780 All notices shall be deemed given three (3) business days following deposit in the United States mail with respect to certified or registered letters, one (1) business day following deposit if delivered to an overnight courier guaranteeing next day delivery, and on the same day if sent by personal delivery or telecopy (with proof of transmission). Attorneys for each party shall be authorized to give notices for each such party. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified. 4. This Agreement shall be binding upon and inure to the benefit of City and Opus and their respective successors and assigns. 2 564003/00825/22880182/3 54 5. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 6. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. [Signature Page Follows] 3 5 64003 /00 82 5/22 8 8 0 1 8 2/3 Q35 IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the day and year first above written. CITY: OPUS : City of Eagan, Opus Northwest, L.L.C., a Minnesota municipal corporation a Delaware limited liability company By: By: Its: Mayor Its: Attest: Brad J. Osmundson Its: City Clerk Vice President and General Counsel e 4 564003/00825/22880182/3 STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2006, by and , the Mayor and City Clerk, respectively, of the City of Eagan, a Minnesota municipal corporation, on behalf of said corporation. (Seal) Notary Public STATE OF MINNESOTA ) ss COUNTY OF Hwo ) The foregoing instrument was acknowledged before me this 1- day of 2006, by ya~ ,the V10 ,r6-slhp ti~ , of Onus Northwest, L.L.C, a Delaware limited liability company on behalf of said limited liability company. (Seal) Yl I A Notary Public DENISE S. FARAGHER NOTARY PUBLIC-NNNESOTA My Commission Eow Ja 71.2010 .Anv DENISE S. FARAGHER NOTARY PUBLIC - MINNESOTA iii Uy : s• c ! .:.yes lac 31 , 5 564003/00825/22880182/3 C7 EXHIBIT A Legal Description of Property Real property in the County of Dakota, State of Minnesota, described as follows: Parcel 1: Lot One (1), Block One (1), Cedar Bluffs Business Center, according to the recorded plat thereof, Dakota County, Minnesota. (Torrens property, Certificate of Title No. 136299) A-1 564003J00825/22880182/3 Agenda Information Memo June 20, 2006 Eagan City Council Meeting M. CONTRACT 06-07,2005 CITY-WIDE SANITARY SEWER LINING ACTION TO BE CONSIDERED: Receive the bids for Contract 06-07 (2006 City- Wide Sanitary Sewer Lining), award the contract to Visu-Sewer Clean & Seal, Inc., for the Base Bid unit price up to $122,500 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The rehabilitation of various existing sanitary sewer pipes throughout the City by the installation of lining was programmed for 2006 in the City of Eagan's 5-Year Capital Improvement Program (2006-2010). • The City Council authorized the sanitary sewer lining improvements of about 5,000 linear feet of existing pipe for various areas within the City with the approval of the Sanitary Sewer Operations and Facilities portion of the 2006-2010 Capital Improvement Program (CIP) and 2006 operating budget. • All of the construction activity for said improvements has been designed to occur within existing public right-of-way or easements. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. • At 11:00 a.m. on June 8, formal bids were received for this project. A copy of the bid tabulation is enclosed. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid from Visu-Sewer Clean & Seal, Inc., has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: 10 • Bid Tabulation, page'` • Location Map, page - V~ BID SUMMARY SEWER LINE RENOVATION FOR CURED IN PLACE PIPE CITY CONTRACT NO. 06-07 Bid Date: Thursday, June 8, 2006 Bid Time: 11:00 a.m. Bidder 5% Bid Bond Price per Foot Total Base Bid 1. Visu-Sewer Clean & Seal y $24.50 $122,500 2. Veit Companies y $24.58 $122,900 3. Insituform Technologies y $27.95 $139,750 4. Lametti & Sons, Inc. Y $32.50 $162,500 Low Bid $122,500.00 Budget Amount $125,000.00 Percent Under Budget 2% 2006 SANITARY SEWER L . LINING CIP -2006 PRIVATE STREETS 0 500 1,000 FEET PR- -111, : EAGwN PUBDC WORKS GIS DEPT. tl rr ~P B1S CO OP O W O m W y0y i F Y ~Q QO 2~ OfLTA Qs g° NTg1pR p`' qs o G~ hgURY RD A K RD A 0 GLENN BIRCHPp gL ~Q_ sy9ly 1 CT ~GpR ti~9o RED FO,YRo O ROAN ~i 2~t@ CRESTRIDGE LN m S L Z rc R y FYF~ ^~A O D GAR o pON P 2 CHPO D A O y 0~R O Z KYLLO LN ~ y ? GOQ- U MERLOT ~2~0 `02 ~ a AWK GAVE ~ O w q S r4i 20J C m O~ P'L' ~G~~ciRp 0J de BLUEBIL I Z 0 BL EBI R TOWNVIEW 1 ST ADDITION (4050 FT.) SK ER BEv SILVER BELL RD CIR SKATER DR RIVERTON PT SILVE u O > 8EL Z ~JO o a ~e CIR pro LOOEST NE °~6 > q~Gs G~pP ¢ CIR O 3 PALIS E 9Q v rc v COUNTRYCREEK CIR O 2 OQ- P IVERTO A L9 ,Q, ~(E RaAB ERPENTINE D Op CI O~ o = u HRAN Y ctip c O NVE w m m R pP P GOLD T 3d2J3S p~ y NEGg1 OOLO TRL pJO~r'~ a DAV PORT ° J~ y S VENPOR ORO Q-C j U ¢ VE HARBOUR T A .IPA' m ACK HAW MONTICELLO Q W A A AGAR CIR AVE DONEGA GIN ; T m0 = G P~ CT MOR f ~y J Y J`EV4 DRS O 4a ? Z PL O et \ql fZ o0 G SARTELL AVE OO O 0 w ¢7 BLUESTO F 9~ TACONITE TRL p a DEERM D DR > m ~p2 Z \ O { n 7ACCNITE TRL ¢ OF m ~ Z F y w PUMICE P O B BlU TACONITE TRL RW Agenda Information Memo June 20, 2006 Eagan City Council Meeting N. PROJECT 858, SIBLEY TERMINAL INDUSTRIAL PARK STORM SEWER IMPROVEMENT ACTION TO BE CONSIDERED: Schedule a Public Hearing for Project 858 (Sibley Terminal Industrial Park - Storm Sewer Improvement) to be held on July 18, 2006. FACTS: • On September 17, 2001, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule of storm sewer improvements for the drainage area near Trunk Highway 13 and Terminal Drive in northwest Eagan. • On March 4, 2002, the Public Hearing for Project 858 was held. After the presentation of the feasibility and discussion from the affected property owner, the City Council continued consideration of Project 858 until April 16, 2002. • On April 16, 2002, the City Council continued the consideration of the project indefinitely directing staff to investigate cost participation opportunities with MnDOT and easement acquisition costs with the impacted property owners for further consideration by the Council. • MnDOT has indicated that they will only remove their existing ditch block within the TH 13 right-of-way. While a necessary component of Alternate No. 4 included in the feasibility report, the monetary value of this contribution is insignificant to the cost of the overall project. There is no willingness to participate to any larger degree on the proposed improvements. • A preliminary appraisal was obtained for the easement required as a part of Alternate No. 4 (originally estimated to be the cheapest of the four options). The estimated cost of the easement is S141,600. While the property owner has indicated he would consent to such an offer, this alternative is no longer the cheapest one • The drainage concerns expressed by the original petitioner remain and he is patiently awaiting a Council decision for some type of improvement. It would be appropriate for the City Council to schedule an updated public hearing to formally present and discuss the merits of this project and the feasibility of remaining options. Agenda Memo Eagan City Council Meeting June 20, 2006 Consent 0. SOUTHEAST EAGAN REDEVELOPMENT PLAN, TAX INCREMENT FINANCING DISTRICT AND TAX INCREMENT FINANCING PLAN ACTION TO BE CONSIDERED: To approve the Resolution Adopting a Redevelopment Plan for Southeast Eagan Redevelopment Project Area No. 1, a Resolution Establishing Southeast Eagan Tax Increment Financing District No. 1 therein and a Resolution Adopting a Tax Increment Financing Plan for the District and authorize a request for certification of the district by Dakota County. FACTS: • At its meeting of June 6, 2006, the City Council held a public hearing to consider the creation of a tax increment financing renovation and renewal district in the area bounded by TH 3, Red Pine Lane, Biscayne Avenue and Gun Club Road, referred to as the Southeast Eagan Redevelopment District. • At that time, the City Council found the background concerning the district to be in order and authorized the preparation of a resolution to adopt the redevelopment plan, to establish the TIF district and to adopt the tax increment financing plan for the area. That resolution is in order at this time. Staff is also requesting authorization to have Ehlers and Associates submit the documentation for certification by Dakota County at an appropriate time prior to the increase in the area's base value. • Detailed background concerning the district and plans was included in the June 6 attachments. Copies of prior background materials are available upon request. ATTACHMENTS: u • Resolution on pages ~ through • Summary description of district on pages 49 through • Location map on page y3 CITY OF EAGAN DAKOTA COUNTY STATE OF MINNESOTA Council member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING A REDEVELOPMENT PLAN FOR SOUTHEAST EAGAN REDEVELOPMENT PROJECT AREA NO. 1; AND ESTABLISHING SOUTHEAST EAGAN TAX INCREMENT FINANCING DISTRICT NO.1 THEREIN AND ADOPTING A. TAX INCREMENT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council (the "Council") of the City of Eagan, Minnesota (the "City"), as follows: Section I. Recitals 1.01. It has been proposed by the Board of Commissioners (the "Board") of the Eagan Economic Development Authority (the "EDA") and the City that the City establish Southeast Eagan Redevelopment Project Area No. 1 and adopted the Redevelopment Plan therefor (the "Redevelopment Plan"). And establish Southeast Eagan Tax Increment Financing District No. 1 (the "District") therein and adopt a Tax Increment Financing Plan (the "TIF Plan") therefor (the Redevelopment Plan and the TIF Plan are referred to collectively herein as the "Plans"); all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.090 to 469.1082 and Sections 469.174 to 469.1799, all inclusive, as amended, (the "Act") all as reflected in the Plans, and presented for the Council's consideration. 1.02. The EDA and City have investigated the facts relating to the Plans and have caused the Plans to be prepared. 1.03. The EDA and City have performed all actions required by law to be performed prior to the establishment of the District and the adoption and approval of the proposed Plans, including, but not limited to, notification of Dakota County and Independent School District No. 196 having taxing jurisdiction over the property to be included in the District, a review of and written comment on the Plans by the City Planning Commission, approval of the Plans by the EDA on May 16, 2006, and the holding of a public hearing upon published notice as required by law. 1.04. Certain written reports including a Report of Inspection Procedures and Results for Determining Qualifications of a Tax Increment Financing District as a Renewal and Renovation District. LHB, Inc. March 31, 2006 and the City of Eagan Comprehensive Guide Plan Update of 2000 (the "Reports") relating to the Plans and to the activities contemplated therein have heretofore been prepared by staff and consultants and submitted to the Council and/or made a part of the City files and proceedings on the Plans. The Reports include data, information and/or substantiation constituting or relating to the basis for the other findings and determinations made in this resolution. The Council hereby confirms, ratifies and adopts the Reports, which are hereby incorporated into and made as fully a part of this resolution to the same extent as if set forth in full herein. 44 _ Section 2. Findings for the Adoption and Approval of the Plans 2.01. The Council hereby finds that the Plans, are intended and, in the judgment of this Council, the effect of such actions will be, to provide an impetus for development in the public interest and accomplish certain objectives as specified in the Plans, which are hereby incorporated herein. Section 3. Findings for the Establishment of Southeast Eagan Tax Increment Financing District No. 1 3.01. The Council hereby finds that the District is in the public interest and is a "renewal and renovation district" under Minnesota Statutes, Section 469.174, Subd. 10a. 3.02. The Council further finds that the proposed redevelopment would not occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the Tax Increment Financing Plan, that the Plans conform to the general plan for the development or redevelopment of the City as a whole; and that the Plans will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development or redevelopment of the District by private enterprise. 3.03. The Council further finds, declares and determines that the City made the above findings stated in this Section and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. 3.04. The Eagan Economic Development Authority elects to calculate fiscal disparities for the District in accordance with Minnesota Statutes, Section 469.177, Subd. 3, clause b, which means the fiscal disparities contribution would be taken from inside the District. Section 4. Public Purpose 4.01. The adoption of the Plans conforms in all respects to the requirements of the Act and will help fulfill a need to redevelop an area of the State of Minnesota which is underutilized and that the adoption of the proposed Plans will preserve and enhance the tax base of the City and the State because it will facilitate the redevelopment of areas with the substandard buildings and obsolete land use and promote commercial development in the area. For the reasons described in Exhibit A, the City believes these benefits directly derive from the tax increment assistance provided under the Plan. The developer will receive only the assistance needed to make this development financially feasible. As such, any private benefits received by the developer are incidental and do not outweigh the primary public benefits. Section 5. Approval and Adoption of the Plans 5.01. The Plans, as presented to the Council on this date, including without limitation the findings and statements of objectives contained therein, are hereby approved, ratified, established, and adopted and shall be placed on file in the office of the City Administrator. 5.02. The staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Plans and to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. 5.03 The Auditor of Dakota County is requested to certify the original net tax capacity of the District, as described in the Plans, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased; and the Eagan Economic Development Authority is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within the District, for which building permits have been issued during the 18 months immediately preceding the adoption of this resolution. 5.04. The City Administrator is further authorized and directed to file a copy of the Plans with the Commissioner of the Minnesota Department of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes 469.175, Subd. 4a. The motion for the adoption of the foregoing resolution was duly seconded by Council member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Dated: June 6, 2006 ATTEST: Mayor City Administrator (Seal) 46 EXHIBIT A RESOLUTION NO. The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan (TIF Plan) for Southeast Eagan Tax Increment Financing District No. 1 (District), as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3 are as follows: 1. Finding that Southeast Eagan Tax Increment Financing District No. 1 is a renewal and renovation district as defined in M.S., Section 469.174, Subd. 10a. The District consists of 7 parcels, with plans to redevelop the area for commercial/retail purposes. An inventory shows that more than 70% of the area of the District consists of occupied parcels. To be occupied, at least 15% of the area of the parcel is covered by buildings, streets, utilities, paved or gravel parking lots, or other similar structures. An inspection of the buildings located within the District finds that more than 20% of the buildings are structurally substandard as defined in the TIF Act. An inspection of the buildings located within the District finds that more than 30% of the other buildings require substantial renovation or clearance to remove existing conditions such as defined in the TIF Act. 2. Finding that the proposed development, in the opinion of the City Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan. The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future: This finding is supported by the fact that the redevelopment proposed in the TIF Plan meets the City's objectives for redevelopment. The proposed development includes retail and commercial development, and complies with the proposed master plan for the area. Due to the high cost of redevelopment on the parcels currently occupied by substandard buildings, the limited amount of commercial/industrial property for expansion adjacent to the existing project, the incompatible land uses at close proximity, and the cost of financing the proposed improvements, this project is feasible only through assistance, in part, from tax increment financing. Redevelopment expenses totaling at least $330,000 have been identified for Phase I. Additional redevelopment expenses may be incurred in future phases, and the City will analyze the need for assistance at the time of the development. These expenses include land acquisition, demolition, and site preparation. The developer was asked for and provided a letter and a proforma as justification that the developer would not have gone forward without tax increment assistance. (See attachment in Appendix G of the TIF Plan.) The increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIFPIan: This finding is justified on the grounds that the cost of site and public improvements and utilities add to the total redevelopment cost. The site currently contains properties and buildings that qualify as blighted and substandard under the Tax Increment Law, as documented in the report provided by LHB. Historically, site and public improvements costs in this area have made redevelopment infeasible without tax increment assistance. A Master Plan for the area has been completed, and the City has goals to redevelopment the area. Therefore, the City reasonably determines that no other redevelopment of similar scope is anticipated on this site without substantially similar assistance being provided to the LAI development. A comparative analysis of estimated market values both with and without establishment of the District and the use of tax increments has been performed as described above. If all development which is proposed to be assisted with tax increment were to occur in the District, the total increase in market value would be up to $22,907,100. The present value of tax increments from the District is estimated to be $1,573,694. It is the Council's finding that no development with a market value of greater than $21,333,406 would occur without tax increment assistance in this district within 25 years. This finding is based upon evidence from general past experience with the high cost of acquisition and public improvements in the general area of the District. (See Cashflow in Appendix D of the TIP Plan.) 3. Finding that the TIF Plan for the District conforms to the general plan for the development or redevelopment of the municipality as a whole. The Planning Commission reviewed the TIF Plan and found that the TIF Plan conforms to the general development plan of the City. 4. Finding that the TIFPIan for the District will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of Southeast Eagan Redevelopment Project Area No. 1 by private enterprise. The project to be assisted by the District will preserve and enhance the tax base of the City and the State. LIP Ehlers & Associates, Inc. Tax Increment Financing District Overview City of Eagan Southeast Eagan Tax Increment Financing District No. 1 The following summary contains an overview of the basic elements of the Tax Increment Financing Plan for Southeast Eagan TIF District No. 1. More detailed information on each of these topics can be found in the complete TIF Plan. Proposed action: Establishment of Southeast Eagan TIF District No. 1 (District) and the adoption of a Tax Increment Financing Plan (TIF Plan). Adoption of a Redevelopment Plan for Southeast Eagan Redevelopment Project Area No. 1. Type of TIF District: A renewal and renovation district Parcel Numbers: 103180005001 *a portion of 100360002179 103180004001 103180003001 100360002279 103180002001 103180001001 *Please note that this parcel is currently in the process of being subdivided and will be assigned a new parcel number. Proposed Development: The District is being created to facilitate the construction of a commercial and retail project in the City Maximum duration: The duration of the District will be 15 years after receipt of the first increment by the EDA or City (a total of 16 years of tax increment). The date of receipt by the City of the first tax increment is expected to be 2008. Thus, it is estimated that the District, including any modifications of the TIF Plan. for subsequent phases or other changes, would terminate after 2023, or when the TIF Plan is satisfied. Estimated annual tax Up to 245,879 increment: Proposed uses: The TIF Plan contains a budget that authorizes the maximum amount that may be expended: Land/Building Acquisition ...............................................$550,000 Site Improvements/Prepamtion ........................................$350,000 . Public Utilities ..............................................:...................$200,000 Public Parking Facilities ...................................................$100,000 Streets and Sidewalks $300,000 Interest $1,470,000 Administrative Costs (up to 10%) ....................................$330,000 TOTAL PROJECT COSTS S~ See Subsection 1-10, page 1-6 of the TIF Plan for the full budget authorization. Additional uses of funds are authorized which include inter-fund loans and transfers and bonded indebtedness. T1FD1sfrfet Open4ew Form of financing: Pay-as-you-go note Administrative fee: Up to 10% of annual increment, if costs are justified. 4 Year Activity Rule After four years from the date of certification of the District one of the 469.176 Subd 6) following activities must have been commenced on each parcel in the District- • Demolition • Rehabilitation • Renovation • Other site preparation (not including utility services such as sewer and water) • If the activity has not been started by the approximately June 2010, no additional tax increment may be taken from that parcel until the commencement of a qualifying activity. 5 Year Rule Within 5 years of certification revenues derived from tax increments 469.1763 Subd 3) must be expended or obligated to be expended Tax increments are considered to have been expended on an activity within the District if one of the following occurs: • The revenues are actually paid to a third party with respect to . the activity • Bonds, the proceeds of which must be used to finance the activity, am issued and sold to a third party, the revenues are spent to repay the bonds, and the proceeds of the bonds either are reasonably expected to be spent before the end of the later of (i) the. five year period, or (ii) a reasonable temporary period within the meaning of the use of that term under 148(cxl) of the Internal Revenue Code, or are deposited in a reasonably required reserve or replacement fund • Binding contracts with a third party are entered into for performance of the activity and the revenues are spent under the contractual obligation • Costs with respect to the activity are paid and the revenues are spent to reimburse for payment of the costs, including interest on unreimbursed costs. Any obligations in the Tax Increment District made after approximately June, 2011, will not be eligible for repayment from tax increments. The reasons and facts siipp6rtirig the findings far-the adoption'of the TIF Plan farthe District are included in Exhibit A of the City Council Adopting Resolution. Page 2 TIFF District Overview MAP OF SOUTHEAST EAGAN REDEVELOPMENT PROJECT AREA NO. I AND SOUTHEAST EAGAN TAX INCREMENT FINANCING DISTRICT NO. I Page 3 w Piapop0 RederdnpKnlMa 0 250 500 Feet ®pep0eedrIF Ma SOUTHEAST EAGAN REDELOPMENT PROJECT AREA NO.1 SOUTHEAST EAGAN TIF DISTRICT NO.1 CITY OF EAGAN COUNTY OF DAKOTA STATE OF MINNESOTA 52, vow i Yg FWI 32 F ' 74 x C6 r Yf= A f ~ ~r = A~~r I w a » i x. z..c c K p,. ANx. ~Yb f. F as~ - ti 1 ~ ~~r4 ~ y x~~la'~`~1'' ~ 3 ?F-C. ,era.. r YLe:.,. y,.- a Agenda Information Memo June 20, 2006 Eagan City Council P. FINAL SUBDIVISION (YANKEE SQUARE) - MFC PROPERTIES ACTION TO BE CONSIDERED: To approve a Final Subdivision (Yankee Square) to create three lots on approximately 4.99 acres located at 3460 and 3470 Washington Drive in the NE'/4 of Section 16. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ The Preliminary Subdivision was approved February 21, 2006. ➢ All documents and Agreements are anticipated to be in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Plat, page 55 5y ~onr'Fnr .reap ------------'---------L:.[_'+ r... t R; i( i r I cu C. T g a • it r~rax a r' S r [ F i r r . q p. r -ss R N~ E 1 II nu 1 .15, I F t .t : ~l i naF~ : 8 LIS fit; F • Fr j ppil ! p~~ Pli-lF[ F i ii jF7(f' r E~' r' jf r[(' E r tr i I~ iiPl ~~~f•i17 F~ s°Et I (F ~ l~~ t~ i~fl +``f~ ~ ~pj~ ~Fif #~d ~i~ ~fil I 1 AEI ~ :r I Nil fV O Q O Agenda Memo June 20, 2006 Regular City Council Meeting CONSENT AGENDA: Q. Premise Permit Renewal for Metro Baseball League ACTION TO BE CONSIDERED: Approve premise permit renewal for Metro Baseball League to conduct a pull-tab operation at Joe Sensers Grill and Bar, 3010 Eagandale Place FACTS: • The Metro Baseball League has applied with the Minnesota Gambling Board for the renewal of the Premise Permit at Joe Sensers • The League has conducted a pull-tab operation at Joe Sensers since 2002 and there have been no reported problems • Staff has reviewed the application and sees no reason to deny ATTACHMENTS: None. (The application is available for review in the Administration Department) 5& Agenda Memo June 20, 2006 City Council Meeting R. AWARD CONTRACT TO HARRIS CONTRACTING COMPANY FOR THE PURPOSE OF INSALLING ENERGY CONSERVATION MEASURES AT THE EAGAN CIVIC ARENA AND AUTHORIZE THE MAYOR TO SIGN THE APPROPRIATE DOCUMENTS. ACTION TO BE CONSIDERED: Award a contract to Harris Contracting Company to install energy conservation measures at the Eagan Civic Arena. FACTS: • In 2005 an energy audit was completed by Harris Companies in conjunction with Dakota Electric and Aquila Natural Gas Services to review the efficiency of equipment at the Civic Arena. • The audit was designed to identify ways in which the City of Eagan could make improvements to the building, change operations or procedures to improve the energy efficiency, and to save dollars by reducing operating costs. All three projects represented by Harris Companies and included by staff for consideration indicate a pay-back on investment of 3 years or less. • These proposals were reviewed by the Operations Committee who supported bringing them forward for the Council to consider. • The Council took action on April 18 to solicit bids for this project. During the process of preparing plans and specifications staff learned that according to State Statutes, projects that are done solely for energy efficiency with a specifically defined payback period that can be guaranteed, are not subject to the bidding process. This information was shared with the City Attorney's Office to clarify for accuracy and to have them provide the details of how this could be managed. They verified the information and will ensure that the appropriate process is followed to meet the statute requirements. • The Council took action on May 16 to receive the energy audit report and recommendations and directed staff and the City Attorney to complete the necessary documentation and provide information pertaining to the potential funding. • Three specific areas that were identified for potential improvement are included in the contract prepared by the City Attorney: o Boiler upgrade The current boiler system needs to be re-engineered and one of the existing boilers replaced. The new design will improve the efficiency of the existing operation and will complete the design to use the new boiler and current heating systems to add heat to the East Arena as needed. (The East Arena is currently unheated.) ■ Budgeted for 2006 (R&R) $15,000 ■ Replacement Boiler $18,083 ($3,083 not budgeted at this time.) 57 o De-Super heater This device is designed to use the heat produced by the compressors (used to cool the ice) to heat the sub floor below the ice sheet, which will prevent frost build-up. This will also help melt the snow from the resurfacer after the ice is cleaned each hour. This heater will work together with the boiler system to provide efficient "waste" heat in needed areas. ■ De-Super heater $25,194 o Replace lighting in East and West Arenas New technology creates improved lighting levels in arenas. This project would replace current lighting features over the arenas and would provide a utility cost savings along with more consistent lighting in the buildings. ■ Replace lighting $33,518 • The addition of these improvements will certainly enhance the operation of the buildings as they currently exist and would remain beneficial if any expansion to the facility would be considered in the near future. • The total cost for the three items identified above will be $118,753.25. The total rebates offered will be $41,958.00 for a net cost of $76,795.25. • Of the $76,795.25, $15,000 was budgeted in 2006 under renewal and replacement to replace the boiler. The balance of the expenditures is proposed to be funded through retained earnings. ATTACHMENTS: • Contract and exhibit on page~~ through o~ ENERGY CONTRACT THIS ENERGY CONTRACT (hereinafter "Contract") is made this day of June, 2006, by and between the City of Eagan, a Minnesota municipal corporation (hereinafter "Eagan"), and Harris Contracting Company, a Minnesota corporation (hereinafter "Harris"). Eagan and Harris shall be collectively referred to as the "Parties." WHEREAS, Harris has proposed a contract with Eagan for an energy conservation measure of a facility alternation designed to reduce energy consumption or operating costs. The energy conservation measure (within the meaning of MINN. STAT. § 471.345, subd. 13) is attached as Exhibit "A;" and WHEREAS, this is a guaranteed energy savings contract meaning a contract for the evaluation and recommendation of an energy conservation measure, and acquisition and installation of an energy conservation measure; and WHEREAS, Harris states that it is a "qualified provider" being a business experienced in the design, implementation and installation of energy conservation measures; and WHEREAS, Harris shall provide a performance bond in the amount of the contract over the life of the realized simple payback period to ensure its faithful performance under the contract; and WHEREAS, Harris' estimate of the amount by which energy or operating cost will be reduced are attached hereto as Exhibit "A;" and WHEREAS, Harris guarantees that the savings will meet or exceed the costs of the energy conservation measures over a period of not more than 15 years; and WHEREAS, Eagan, based on the representations of Harris, finds as follows: 1. That this is a guaranteed energy savings contract; 2. That Harris is a qualified provider; 3. That after a review of Harris' report, Eagan finds that the amount it would spend on energy conservation measures recommended in the report (Exhibit "A") is not likely to exceed the amount to be saved in energy and operational costs over 15 years from the date of installation, if the recommendations in the report are followed; and 4. Harris has provided a written guarantee that the energy or operating cost savings will meet or exceed the costs of the system. 59 NOW, WHEREFORE, based on the foregoing, Eagan and Harris agree as follows: 1. ENERGY MEASURES. Harris shall install the energy conservation measures listed on Exhibit "A" (the "Project"); 2. TYPE OF PROJECT. The installation of the Project shall be a "turnkey" operation; 3. COMPLETION DATE. The Project shall be completed not later than 4. PERFORMANCE BOND. Harris, prior to commencement of the Project, must deliver a performance bond in favor of the Eagan, in a form acceptable to the City Attorney, in the amount of this contract; 5. INSURANCE. Prior to commencement of the Project, Harris shall provide a certificate of insurance, in a form acceptable to the City Attorney, naming Eagan as an additional insured. 6. ENERGY SAVING GUARANTY. Harris guarantees the full amount of the energy savings and rebates as shown on Exhibit "A." At such time as the entire savings and rebates to recover the cost of the project on a simple payback calculation have been realized by Eagan (over a period of not more than 15 years), the performance bond will be released by Eagan; 7. REPORTING. Eagan shall not less often than quarterly make a report to Harris concerning the savings and rebates realized. Harris may, at its own expense, audit Eagan's records with respect to energy and operating savings and rebates. 8. PROJECT WARRANTY. Harris warrants that its work shall be free from defects and the products shall work as prescribed for one year from completion and acceptance of the Project by Eagan; 9. PROJECT PAYMENT. Eagan shall pay Harris the sum of $118,753.25, upon final completion and acceptance of the Project by Eagan; 10. ENTIRE AGREEMENT. An alteration or deviation from this Contract involving extra work, cost of materials or labor will become an extra charge to be negotiated between Eagan and Harris; 11. TYPE OF AGREEMENT. The Parties acknowledge that it is their intention that this be a "guaranteed energy savings contract" within the meaning of MINN. STAT. § 471.345, subd. 13(d); 2 12. PAYMENT OF TAXES. Harris shall comply with all state and federal tax laws and shall pay any required sales, employment, unemployment or use taxes as each is due and payable. 13. ASSIGNABILITY. Harris binds itself jointly and severally, its successors and assigns to the City and respects all covenants of this Contract. With the exception of City-approved consultants and special consultants, Harris shall not assign, sublet or transfer any part of its interest in this Contract, except upon written approval of the City. 14. HOLD HARMLESS. Harris shall indemnify, save and hold the City, its representatives and employees harmless from any and all claims and causes of action, including all attorneys' fees incurred by the City, arising from the negligent or fraudulent performance of this Contract by Harris or Harris' agents or employees. 15. COMPLIANCE WITH CITY CODE. Harris shall comply with all City Code and all permits issued in connection with the work performed hereunder. The Parties have agreed to this contract this day of , 2006. HARRIS CONTRACTING COMPANY, a Minnesota corporation By: Its: CITY OF EAGAN, a Minnesota municipal corporation By: Pat Geagan Its: Mayor By: Maria Petersen Its: Clerk 3 (V I EXHIBIT "A" Harris Contracting Company, a Minnesota corporation, agrees to provide the City of Eagan at the Eagan Civic Arena 3870 Pilot Knob Road, Eagan, Minnesota 55122, with the following: 1. Installation of a De-Super heater and new high efficient boiler 95% (AFUE) for the ice arena system. Harris will do the engineering, labor and materials included in the De-Super heater, pumps, piping and new connection to existing system. Harris will integrate the heat recovery coils that exist above the bleachers. 2. The new boiler is to be installed in the boiler room in the place of one of the two existing boilers. The high efficiency boiler will be used as the primary boiler so that the arena maximizes the savings all the time. Installation, controls, venting, piping, labor and materials are included. The cost of the boiler is $20,000.00. The cost of the De-Super heater is $36,664.00. Total cost boiler and super heater: $56,664.00 Rebates: $13,387.00 Yearly Savings for De-Super heater: $16,662.98 Yearly Savings for Boiler: $ 1,830.80 Total Yearly Savings: $18,493.78 Lighting and Controls ECO's. Lighting east arena $12,524.52 Lighting west arena: $14,162.73 ECO's 12, 13 and 16 in west arena: $14,762.00 ECO's 22, 23 and 26 in east arena: $20,640.00 Total Cost: $62,089.25 Rebates: $28,571.00 Annual Savings: Lighting east and west arena: $6,558.03 East arena ECO's 22, 23 and 26: $9,489.31 West arena ECO's 12, 13 and 16: $10,926.01 Total Yearly Savings: $26,973.35 Add and install control to setback ice temperatures (Optional-not included in original contract amount). ECO's 1 I and 17: $11,106.00 ECO's 21 and 27: $12,318.00 Total Cost: $23,424.00 Rebates: $4,264.00 Annual Savings: ECO's 11 and 17: $3,870.27 ECO's 21 and 27: $3,133.71 The amount of payment from the City to Harris in completion of the contract is $118,753.25. Agenda Information Memo June 20, 2006 Eagan City Council Meeting S. GUN CLUB ROAD - RIGHT-OF-WAY VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate a portion of a public right-of-way (Gun Club Road) adjacent to proposed Red Pine Crossing (Parcels 10- 03600-021-79 and 10-03600-022-79) and schedule a public hearing to be held on July 18, 2006. FACTS: • On January 20, 2006, City staff received a petition from Quinn Hutson, CNH Architects representing Revestors, Inc., the developers of proposed Red Pine Crossing, requesting the vacation of a portion of public right-of-way (Gun Club Road) adjacent to Parcels 10-03600-021-79 and 10-03600-022-79 (Red Pine Crossing), east of Highway 3 in southeast Eagan. • The petition was held to coincide with the final subdivision approval process for the Red Pine Crossing development. • On June 12, 2006, final subdivision submittal was made by the developer of Red Pine Crossing, Revestors, Inc. • The purpose of the request is to allow the developer to construct the Red Pine Crossing development as approved with the preliminary planned development and subdivision, with utilization of the vacated Gun Cub Road right-of-way. • The Gun Club Road right-of-way east of the Red Pine Crossing development will remain. • 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. ATTACHMENTS: • Location Map, page (04 . • Easement Vacation Exhibit, page (/03 Z Q O ~ w M C~ ~ w _Z Q X I W DIFFLEY ROAD F1 C l I I I CLIFF ROAD 0 o I w Proposed Jz~ ~EBAN ONp,~ PPRK Vacation QaE LANE REG1 F 0 v GUN CLUB I ROAD i~ ® ,20th 5T I ROSEMOUNT G:\Vacations\Gun Club Red Pine Crossing /Gun Club Road City of Eap Right-of-Way Easement Vacation 6/12/06 Engineering Department Location Map (4 0 (o" T f7 r C U) O N U W -•0 0 _j 0 CU C Cn J ((n O y Q N - N p = N ` ale- U O N 3 O = r ca d S a- 0 0 O N 0 co C~ N 3 c0 c06 c -C 0 a w WOW 4-0 F- C C v_ N j U > M0 a c - c LU 3: 0 (n 0 CL Y 3 V a m a O (1) cu t 0 cu -,a 0 NY UU a) CU Q O N OC w p C.,~ . ZN p o N .p+ ) a) cC0 cT6 h O Q' p 3 y.. r (D 0 0 1 v- N .C O C z 2) fl o ' (a 7 L - O"tOn CQ N 3 N „_00.08[•_', _____________________________I ~I I ~iL Z b i y! i i 1' yyy,,,jjj 3 1 ~a~ 3' O ' ,e 5{'e Agenda Information Memo June 20, 2006 Eagan City Council Meeting T. CONTRACT 04-05, WELL NO. 20 PUMPING EQUIPMENT ACTION TO BE CONSIDERED: Approve the final payment for Contract 04-05 (Well No. 20 - Pumping Equipment) in the amount of $9,485.05 to Encomm Midwest, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 04-05 provided for the completion of the improvements at Well House No. 20, including a vertical turbine pump, piping and appurtenances, mechanical and electrical systems. The well is now fully operational and contributing to the City's public water supply. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. lob(/ Agenda Memo June 20, 2006 City Council Meeting U. ACCEPT A DONATION FROM THE EAGAN LIONESS FOR A BENCH TO BE PLACED WITHIN CENTRAL PARK ACTION TO BE CONSIDERED: Approve the acceptance of a $1200 donation from the Eagan Lioness for the purchase and installation of park bench in Central Park FACTS: • The master plan for Central Park includes the installation of several benches throughout the park, the style of which has been pre-selected to ensure continuity. • Donations, for the purchase of benches or other approved park amenities, are encouraged. • The Lioness group has expressed an interest in purchasing a bench for installation in the area of the band shell, near the new playground. • A small engraved plaque will be mounted on the bench. • The cost of a bench including materials for installation is $1200. ATTACHMENTS: None Agenda Information Memo June 20, 2006 Eagan City Council Meeting V. HIRING COMMUNITY TECHNOLOGY ADVISORS - CITY OF EAGAN ACTION TO BE CONSIDERED: To approve hiring Community Technology Advisors to assist with telecommunications infrastructure language in the Comprehensive Plan Update and to outline possibilities to incorporate the same for City ordinances and subdivision regulations for an amount not to exceed $7,000. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The City has begun preliminary work on the Comprehensive Plan Update required in 2008. ➢ Telecommunication services provide a critical community asset and should be reflected in the City's visioning document. ➢ Community Development staff approached Bill Coleman, Community Technology Advisors, requesting a proposal to provide options for incorporating telecommunication infrastructure goals & policies in the Plan Update. ➢ A second component of the proposal requested of Mr. Coleman was preparation of sample language regarding telecommunications that could be considered for inclusion in the City ordinances and subdivision regulations. ➢ Community Technology Advisors was the consultant to the Eagan Technology Task Force. Staff is suggesting retaining them for this contract rather than preparing a request for proposal because of the firm's experience generally and their experience with directly related issues in Eagan over the past two years. ATTACHMENTS: (1) Community Technology Advisors proposal on pages~ through. OC) Community Technology Advisors Corp. June 5, 2006 Mr. Jon Hohenstein Mr. Mike Ridley City of Eagan Eagan, MN Gentlemen: Thank you for the opportunity to present this proposal to the City of Eagan. The attached pages outline: • Understanding of the problem to be solved, • Objectives of the effort, • Scope of activities, • The approach to be followed, and • Timing and fees Understanding Telecommunications infrastructure and services are recognized by the City of Eagan as a critical community asset. City leaders would like this importance to be reflected by its inclusion in the updated Comprehensive Plan. The work of the Eagan Technology Task Force should serve as the foundation for this new section of the updated Comprehensive Plan. In addition, this is an opportune time to update City ordinances related to telecommunications infrastructure and services. Development and redevelopment projects with affiliated road and utility construction projects provide opportunities to provide cost-effective telecommunications investments for both public and private sector. Community Technology Advisors 1732 Briarwood Avenue Mahtomedi, MN 55115 bill ,communit echnologyadvisors.com ^ 651-491-2551 l S-/ Clear and forward-looking ordinances will stimulate consistent deployment of telecommunications infrastructure across the city over time. Objectives I understand that the City is seeking assistance to accomplish two tasks: 1. Provide alternatives and recommendations regarding telecommunications issues related to the Comprehensive Plan update. 2. Provide alternatives and recommendations to update or create municipal ordinances and subdivision regulations related to rights of way management and roads and/or utility construction, specifically related to telecommunications. Approach For both Comprehensive Plan and ordinance development, CTAC will: 1. Meet with city staff, technology task force members and others to gather input on community goals and objectives related to telecommunications infrastructure deployment. 2. Gather input from key stakeholders who might be affected by the plan and ordinances. 3. Research and document examples related to comprehensive plans and ordinances that meet the objectives of the community. 4. Draft and present a range of policy choices for consideration. 5. Prepare final documents based on feedback from staff and local officials. 6. Attend public meetings, as necessary, to assist in the adoption process. Products 1. A document suitable for inclusion as a Telecommunications section into the Comprehensive Plan. 2. A draft Telecommunications Ordinance for consideration by the Eagan City Council with revisions made as appropriate. Page 2 of 3 7f~ Timing and Fees Community Technology Advisors is prepared to begin as soon as authorized to proceed. Bill Coleman's time will be billed at $125 per hour. I will only bill for hour worked on this project. On the basis of our current understanding, we estimate that our involvement will range between 40- 50 hours and that the duration of this effort will be approximately 3 months. Based on this estimate, the fee will range between $5,000 and $6,250 and will not exceed $7,000. I will also bill you for out-of-pocket expenses incurred on your behalf. Should any condition arise that changes the scope or nature of our involvement, I will notify you immediately and obtain your approval before proceeding. Information on Bill Coleman Bill Coleman of Community Technology Advisors Corp. (CTAC) will serve as project manager. CTAC has been in business for six years and has assisted communities in seven states assess their telecommunications infrastructure and services and measure and increase demand for advanced telecommunications services. All of these projects have led to an increased understanding of the issues and the possibilities related to telecommunications and technology by key community decision makers. Many of these projects have led to increased levels of telecommunications services, implemented by a variety of providers. More information about Community Technology Advisors is available at www.conimunit3jechnologyadvisors.com. I appreciate this opportunity provide services to the City of Eagan and look forward to working with you on this engagement. I will devote our best effort to the work to be performed. Should you have any questions regarding this proposal, please do not hesitate to call me at 651-491-2551. As acceptance of this proposal, please sign the acknowledgment copy of this letter and return it. Very truly yours, V,~ Bill Coleman We are in agreement with the scope and terms as outlined. Name Date City of Eagan (1 Page 3 of 3 Agenda Information Memo June 20, 2006, Eagan City Council Meeting W. EXTENSION FOR RECORDING FINAL PLAT - EAGAN HOSPITALITY GROUP (OAKVIEW CENTER 2 ADDITION) ACTION TO BE CONSIDERED: To approve a 90-day extension of time to record the final plat for Oakview Center 2°d Addition, located south of Lone Oak Road and north of Hwy. 55 in the NW 1/4 of Section 12. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the final plat on April 4, 2006. The plat is required to be recorded within 60 days of approval. ➢ The applicant is requesting an extension to allow an additional 90 days to record the final plat. They are holding off on recording the plat pending a Phase 2 environmental study, the results of which are anticipated within the next 30 days. ➢ The 90-day extension would allow until September 1, 2006 for the plat to be recorded. ATTACHMENTS (1): Letter from Rian Gamble, Eagan Hospitality Group, expected before Tuesday's Council meeting Agenda Memo June 20, 2006 Regular City Council Meeting CONSENT AGENDA: X. Award bid for a diesel exhaust removal system for the five fire stations. ACTION TO BE CONSIDERED: Approve low bid for diesel vehicle exhaust system for the five fire stations from Air Technology Solutions. FACTS: • The Fire Department was awarded a grant for a diesel exhaust removal system in the 2005 Assistance to Firefighters Grant Program. • The grant was for $82,253 with a 20% match form the City of Eagan for $20,563. The total amount with match is $102,816. • The Fire Department received three bids for this project: 1. Magnegrip Corporation for $147,936 2. TNC Industries for $137, 822. 3. Air Technology Solutions for $101,679. • The Fire Department is recommending approval of the bid from Air Technology for $101,679 for a diesel exhaust system for the five fire stations. ATTACHMENTS: • None (Bids will be available for review in the Fire Department) 75 Agenda Information Memo June 20, 2006 Eagan City Council Y. EXTENSION FOR RECORDING FINAL PLAT (KENNERICK THIRD ADDITION) -GAIL MCMAHON ACTION TO BE CONSIDERED: To approve (OR deny) an extension to July 10, 2006 to record the Final Plat for Kennerick Third Addition, located west of Pilot Knob Road and north of Lone Oak Road in the'SE '/4 of Section 4. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The City Council initially approved the Final Plat on November 15, 2005, and required the plat be recorded within 60 days of approval. ➢ The applicant was granted a 60 day extension for recording by the City Council on January 17, 2006. The recording deadline was March 17, 2006. ➢ The applicant was not able to record the plat within the deadline. Due to a number of circumstances. ➢ The applicant was granted a 75 day extension to work out issues with Dakota County and her mortgage company. The recording deadline was May 29, 2006 ➢ The applicant is waiting for her mortgage company to approve the County changes made to the plat. ➢ The 30 day extension will allow the applicant to work out the issues with her mortgage company and record the Plat by July 10, 2006. ATTACHMENTS (1): Plat drawing on page75 14 ~ ~ 606 6 O 3 g p RI $ C\2 g2 g 8 $ a 4 3 W ° s 4R g S x >o~ ~I m~ € W ~ ~ § t~ 9§'o E s e m n V f e $ E~ ~za I W O ~ Y5 ~ ~ gy ~ S ~ , a- z5 u6 9~ $ 8 Z a z Z 2 S~a ~8 _ 0 z S ~ S I ~ a Y 9 I` S 1 m~ ~ _ e~ Z ~ p3y y ~ ~ $Q~ ~ E~4~p IS~ 6' • i6 xg g _e~ s x~ r3 a d~ r5o s}.° _.g N.1 cy m 3 Z K' Y° ~A y ~'y st4 iY ~5 aT3 F ~Z~ nC o~ l Y8 5 % a _ u u~i° F zZ 5 ! m .iit~i ~s b'lr _ ~9 Sx ,~`,8 s~_ =a Ca m E~ ~_p n //7/71' /7A/~ 71 -71 / J. % - - / V(//l /VV Y V/ VG V/ V- I = a.d N R 9 ,M J I I Cj i 1 ~ I I i ~ a i ~ ~ ilk I I I 1 1 : was - - - - - - - - - - - - - - - - A a~66 - - ig9 `IJ Q~ le as C, A "A= I / 4 / M Rf000 f ' ~ 1, _ 7p r7n/v /~/i 7A/n /-vi/ L"/ V6 Agenda Information Memo June 20, 2006 Eagan City Council VI. OLD BUSINESS A. COMPREHENSIVE GUIDE PLAN AMENDMENT - PASTER ENTERPRISES, INC. ACTION TO BE CONSIDERED: To continue this request to the February 6, 2007 City Council meeting for consideration of a Comprehensive Guide Plan Amendment to change the land use designation from Special Area - Office/Service, to Special Area - Retail Commercial, upon approximately 24 acres located north of Yankee Doodle Road and west of Central Parkway in the SE 1/a of Section 9. REQUIRED VOTE FOR APPROVAL: At least four votes FACTS: ➢ This item was continued from the November 15, 2005 City Council meeting. ➢ The applicant has submitted a letter updating the Council on progress with regard to the development securing anchor tenants for the retail center and preparation of Preliminary Subdivision and Preliminary Planned Development application submittals. ➢ Paster Enterprises needs additional time to prepare the detailed plans necessary for the Preliminary PD and Subdivision submittals and to recruit specific retailers for this development. ➢ When this request was first before the Council on May 17, 2005, the Council expressed a desire for more detailed plans and information regarding the conceptual development, including identification of anchor tenants. The applicant has requested continuance of the pending Comprehensive Guide Plan Amendment to allow time to prepare more detailed development plans and secure anchor tenants. ➢ Paster anticipates submitting the other corresponding applications this fall (2006). Once submitted, the Comprehensive Guide Plan Amendment (on the Gangl property), the Preliminary PD and Preliminary Subdivision applications must go to the Advisory Planning Commission and then to the City Council, a process that takes 6-8 weeks. ➢ Continuing this request to the February 6, 2007, City Council meeting date should afford time for Paster to secure anchor tenants for the development, prepare the additional submittals and get through the public hearing process with the City's Advisory Planning Commission. 60-DAY STATUS: Deadline was previously extended to June 20, 2006. The applicant has requested a further extension to February 2007 with this current request for a continuance. ATTACHMENTS (2): Correspondence from Paster Enterprises dated June 14, 006, pages 7 7 through 78) City Council Meeting Minutes, May 17, 2005, page I 1(0 rc6~'LLC DEVELOPMENT AND MANAGEMENT OF SHOPPING CENTERS (D 2227 University Avenue • Saint Paul, NIN 55114-1677 • 651-646.7901 • fax 651-646-1389 www.pastercn(CTpfises.com CENTRAL PLAZA 45th & Central Ave. N.E. June 15, 2006 Minneapolis, Minnesota Ms. Pamela Dudziak CRYSTAL SHOPPING CENTER City of Eagan Bass Lake Road & West Broadway 3830 Pilot Knob Road Crystal, Minnesota Eagan, MN 55112-1897 RE: Perron Property CRYSTAL TOWN CENTER Eagan, MN Bass Lake Road & West Broadway Crystal, Minnesota Dear Ms. Dudziak, As a result of our scheduled appearance at the June 20, DODDW Smith & Dodd odd Road LATER 2006 City Council Meeting, we would like to provide an Smith & Road West Saint Paul, Minnesota update on our proposed Retail development and the continuance that was granted relating to our Comprehensive Land Use Guide Plan Amendment. Presently, we have either 160th & C Ceedar Avenue CROSSING completed or proceeded as far as possible with the items 160th Lakeville, Minnesota required for in the Preliminary Planned Development application. In order for us to complete the remaining requirements and submit, we need to have the exact sizes LEXINGTON PLAZA SHOPPES and locations for the proposed retail building locations Lexington & Larpenteur defined. Currently, we have not finalized who these potential Roseville, Minnesota anchor retail tenants will be. At this time, we would like to request that the application for MENDOTA PLAZA the Comprehensive Land Use Guide Plan Amendment Mendota State Highway Heigh110 ts, & Dodd Minnesota Road previously submitted be continued until February 15, 2007. We anticipate appearing before the City Council to discuss the application for the Preliminary Planned Development at MOUNDSVIEW SQUARE the December, 2006 scheduled meeting. We hope to submit Highway 10 & Long Lake Road the application for the Preliminary Planned Development by Mounds View, Minnesota November, 2006 which would result in an appearance before the City Council at the abovementioned date. Our hope is that we would be able to start construction in. the Spring of NORTHWAY SHOPPING CENTER 2007. State Highway 23 & Woodland Lexington/Circle Pines, Minnesota We believe this is still a strong retail site and we want to SIBLEY PLAZA ensure that we come forward with the most appealing lineup West 7th Street & Davern of retailers. Saint Paul, Minnesota We look forward to appearing before the City Council in June, 2006, and continuing to work with you on the successful SOLITHVIEW SHOPPING CENTER development of this project. Southview Boulevard & 13th Ave. S. South Saint Paul, Minnesota _7.7 Sincerely, Paster Enterprises, LLC a Howard Paster Principal CC: E. Paster K. Henk `s i 70 Eagan City Council Meeting Minutes May 17, 2005 Page 3 ARK AND TRAIL DEDICATION RECONSIDERATION - EAGAN DENTAL ASSOCIATES CityAdmini ator Hedges introduced this item regarding a request for a refund of $5,275 for park an r dedication for an Dental Associates. City Planner Ridley gave a staff report. It was noted e APrC 'tba considered the matt at their May 16, 2005 meeting and recommended a partial rebate i rn for a conservation easement over the unus property. After discussion with the app nt it was the consensus of the Council a refund for the park and trail dedication was not warranted. Councilmember Maguire moved, Counci ember Field econded a motion to deny a refund of $5,275.00 for park and trail dedication for Lot 1, Block 2, Lexin on Addition (Eagan Dental Associates) Aye: 4 Nay: 0 (Tilley abstained) FINAL PLAT (HALLE ' 2"D ADDITION) MANLEY LAND DE OPMENT This item s continued to July 19`x' during the adoption of the agenda. NEW BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT - PASTER ENTERPRISES, INC. City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to change the land use designation from Special Area - Office/Service, to Special Area - Retail Commercial, upon approximately 24 acres located north of Yankee Doodle Road and west of Central Parkway. City Planner Ridley gave a staff report. Howard Paster, Paster Enterprises, discussed the history of Paster Enterprises and the proposed retail development. Ken Hempkist discussed the landscape design of the proposed site plan. Jack Andahl discussed the architectural design and Vern Swing discussed traffic issues. A representative of the Gramercy Co-Operative spoke in favor of the proposed Comprehensive Plan Amendment, stating the retail development would be an asset to the area. Members of the Perron family, owners of the subject property, and their attorney, requested the Council approve the amendment, stating there has been no interested buyers for the land with the current zoning designation. One resident of the Gramercy Co-Op and a letter received on May 17, 2005 opposed the proposed retail plans. Councilmembers, staff and the City Attorney held a discussion which included an upcoming community survey, the need for additional retail businesses in the City, and the inclusion of adjacent property in the proposed plan. Councilmembers also spoke about the need to identify anchor tenants and a way to ensure the end product would be as unique and exciting as the applicant portrayed when he explained the different types of features including architecture, pedestrian connections, tenant mix, abundance of landscaping, etc. It was suggested by the City Attorney that the applicant request this item be continued and bring additional information back before the Council for further review. Mr. Paster requested that consideration of their application for a Comprehensive Guide Plan amendment be continued until the June 21" meeting at which time an update on the proposed retail project will be provided. IX'TERMI-9I IlY~ CE TO CREATE A MORATORIUMYOR TA IN SOUTHEAST EAGAN BOUNDED BY RED PINE-IAN LUB-t-AD, STATE HIGHWAY 3 AND THE RED PINE SCHOOL EWTY~_ This item oved3rom the agenda at the time the agenda was adopted. 7-10? Agenda Information Memo June 20, 2006, Eagan City Council Meeting NEW BUSINESS A. CONDITIONAL USE PERMIT - SHAW INDUSTRIES ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit to allow outdoor storage of metal bar joists, decking materials, baggage carts, airline tow bars and baggage cart tires not to exceed six (6') feet in height for property located at 1904 Shawnee Road on Lot 4, Block 2, Cedar Industrial Park in the SW '/4 of Section 17; subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The applicant requested this item be continued from the June 6 to the June 20, 2006 Council meeting. ➢ The existing 1-story, 29,800 square foot warehouse facility at 1948 Shawnee Road was constructed in 1980. The site is surrounded on all sides by properties zoned and guided for industrial uses. ➢ The applicant is proposing to store metal bar joists and decking materials for Keystar Inc., and baggage carts, airline tow bars and tires for Industrial Repair and Manufacturing. ➢ The proposed outdoor storage is not consistent with the performance standard that requires the storage to be screened from public rights-of-way. ➢ The Advisory Planning Commission held a public hearing on May 23, 2006 and is recommending approval. ISSUES: ➢ The applicant disputes the ability (due to topography) to provide additional plantings or privacy fencing to screen the storage from public right-of-way (Highway 13), as suggested in the staff report. ➢ Staff met with the applicant at the site on June 13 and agreement was reached that landscape screening could be added behind the curb line. The applicant will submit a Landscape Plan prepared by Landscape Architect ASAP. 60 DAY AGENCY ACTION DEADLINE: July 3, 2006 ATTACHMENTS (2): Draft Advisory Planning Commissinutes on page:/' Staff report on pages~throug4V Advisory Planning Commission Minutes May 23, 2006 Page 7 D. Shawnee Assoc Applicant Name: Shawnee Assoc Location: 1904-22 Shawnee Road; Cedar Industrial Park Application: Conditional Use Permit A Conditional Use Permit to allow outside storage of material in transit. File Number: 17-CU-03-04-06 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated May 10, 2006. He noted the background and history. Vice Chair Chavez opened the public hearing. There being no public comment, Vice Chair Chavez closed the public hearing and turned the discussion back to the Commission. Member Jensen inquired about the depth of the ravine and the location of the stored materials. City Engineer John Gorder responded the ravine is approximately 8 to 10 feet deep. City Planner Ridley indicated the location of the storage on the site map. Member Heaney moved, Member Feller seconded a motion-,to recommend approval of a Conditional Use Permit for outdoor storage on Lot 4, Block 2 Cedar Industrial Park (1904-22 Shawnee Road) subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording, submitted to the City. 2. All existing temporary, signs shall be removed from the site and the site shall remain in compliance with City: Code requirements. 3. The applicant shall submit a Landscape Plan or revised Site Plan indicating evergreen plantings or privacy fencing to be installed to screen the storage from public rights-of-way. 4. The outdoor storage shall not exceed 6' in height. 5. The Fire Marshal shall approve the layout of storage to ensure adequate circulation through the storage area. All voted in favor. Motion carried 5-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: May 10, 2006 CASE: 17-CU-03-04-06 APPLICANT: Terrance G. Maurer HEARING DATE: PROPERTY OWNER: Shawnee Associates APPLICATION DATE: April 19, 2006 REQUEST: Conditional Use Permit for PREPARED BY: Mary Granley Outdoor Storage LOCATION: 1904-22 Shawnee Road Lot 4, Block 2, Cedar Industrial Park COMPREHENSIVE PLAN: IND-Limited Industrial ZONING: I-l-Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of metal materials and airline equipment for Lot 4, Block 22, Cedar Industrial Park (1904-1922 Shawnee Road) in the SW %a of Section 17. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Planning Report-Shawnee CUP May 10, 2006 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. CITY CODE REQUIREMENTS City Code Section 11.70, Subd. 22, C.2 requires the following performance standards for outdoor storage, in addition to those standards in connection with a conditional use permit: a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building. 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. C. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. Planning Report-Shawnee CUP May 10, 2006 Page 3 d. The storage area shall not interfere with any pedestrian or vehicular movement. e. The storage area shall 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. The surface shall be properly maintained to prevent deterioration. BACKGROUND/HISTORY The existing 1-story, 29,800 square foot warehouse facility on the subject site was constructed in 1980. EXISTING CONDITIONS Shawnee Associates owns the subject office/warehouse, multi-tenant building at 1904-22 Shawnee Road, and the adjacent building at 1948 Shawnee Road. Three tenants currently occupy the office/warehouse space. Keystar Incorporated is one tenant within the building, operating a steel joist and metal deck distribution business. A second tenant, Industrial Repair and Manufacturing, is operating a business reconditioning airlines baggage carts and airline tow bars. Tim Stegall Carpet is the third tenant within the building. Required parking is provided on the front (north) and south side of the building. All parking areas and rear of building are paved with a bituminous surface. Recent inspection of the property revealed three temporary signs posted at the entrance drive at Shawnee Road. The signs are currently in violation of City Code and should be- removed. SURROUNDING USES The site is surrounded on all sides by properties zoned and guided for industrial uses. EVALUATION OF REQUEST The applicant is proposing to store metal bar joists and decking materials for Keystar Inc., and baggage carts, airline tow bars and tires for Industrial Repair and Manufacturing. Storage is proposed at the rear of the building upon the bituminous surface of the parking lot. The bar joists and decking products are held temporarily outdoors prior to shipping. Northwest Airlines baggage carts and airplane tow bars 8Ll Planning Report-Shawnee CUP May 10, 2006 Page 4 are dropped off and held for refurbishing, then released for shipment. Pallets of new tires are used for replacement on baggage carts. Items stored should not exceed 6' in height. The existing temporary signs are in violation of City Code and should be removed. If the applicant desires permanent freestanding signage on this site, he may address it at a later date under a separate Sign Permit application. Compatibility with Surrounding Area - The site is located within a limited industrial district where outdoor storage is generally compatible with surrounding uses. Site Plan - The proposed location of the outdoor storage is shown at the rear of the building on the existing bituminous surface (see attached site plan). The setback of the storage is proposed at between 15 and 30 feet from the east and south property lines. The site appears to be adequately parked with the existing front parking areas. City Code requires outdoor storage materials to be enclosed as necessary to achieve security and containment or for public safety reasons when determined necessary by the City. The proposed location of the storage will have some visual impact on existing, surrounding uses as the applicant proposes no screening to the storage area. Mature trees provide some visual barrier to the right-of-way and LaFonda's Restaurant. The applicant should submit a Landscape Plan or revised Site Plan indicating evergreen plantings or privacy fencing to be installed to screen the storage from the restaurant and public rights-of- way. Access/Internal Circulation - The proposed outdoor storage may impede traffic circulation at the rear of the building and access to loading dock areas. The Fire Marshal should review and approve the storage layout to maintain circulation and emergency access. SUMMARY/CONCLUSION The applicant is proposing outdoor storage of metal materials and baggage carts in the rear paved area of the building. The proposed storage would be setback between 15-30 feet from the property lines, but would not be screened from any adjacent uses. Screening and circulation need to be addressed. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit for outdoor storage on Lot 4, Block 2, Cedar Industrial Park (1904-22 Shawnee Road). If approved the following conditions shall apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. Planning Report-Shawnee CUP May 10, 2006 Page 5 2. All existing temporary signs shall be removed from the site and the site shall remain in compliance with City Code requirements. 3. The applicant shall submit a Landscape Plan or revised Site Plan indicating evergreen plantings or privacy fencing to be installed to screen the storage from public rights-of- way. 4. The outdoor storage shall not exceed 6' in height. 5. The Fire Marshal shall approve the layout of storage to ensure adequate circulation through the storage area. 42/ C_W Eagan Boundary N Right-of-way Location Map Parcel Area Park Area ® Building Footprint .g° 0 ~`sao ® Subject Site adY ~ ~ d g d m ® q e? ® Cz7 CM in ca CS o°v ~ 0 - © o m b y e 4 r7 o P p .rvertd, Y 81 Nis ~ ~ 90 B A cr a ~ 'i~ ~ ~ o ~ 11 Y C4 1000 0 1DD0 2DD0 Feet Development/Developer. Shawnee Assoc Application: Conditional Use Permit Case No.: 17-CU-03-04-06 Map Prepared using y Office 3.1. Parcel base map data provided N by Dakota County Office of of GI S and Is current as of April 2005. City of Ea jan THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S Community Development Department not responsible for errors or omissions. i F 3 'x 3 y`~ t ~ s~~a fI f' J f e a a 'iz rr-- 9 - 1 4~~\ F :art •°s• , r S 9 i ~ Esc k r _ R f S 3 s _ F . - F ~ r. ,max. _k } ~ E`w •s ' S 7r'Ki i.. A if yv ora i I I II - .R~ I. rt..r ,rDw.l".•rDra .~..rM.~a. rw, - • N!O.OY SR•E BIO.QD r[u. !1I E 6___________~___- _ !I a - I ~ I I I , r .7 \ewnwc (oc/wERtxousq w , ~ I I \ \ F \\\\\L4'F\\\\~\ Y 47DSTNG 1-STORY z, )km r Y~ U~r D 0 rri C R j: fC Z 8S8~G~. G w~ Fo p [ I R 4 r J7 CRP~~£~ ng a SITE PLAN I M•Or i•rlil IMI ,Rb yM v£ Jo hnvef 6 ASSOC19tBS. Inc. wwer.a ny rw . w.. r., a.«, wrz: 1±nl n'r wrz li vlmpluu - ASBUILT SURVEY .7 R[V ~ ,r..r..,,,..i,,._,,..,.•.,.,.:,, .,r,•.:,:., Ir., I.I„ rl,i, n,iRC::DR,3 g EAGAN. MN nwr• ~;.rw.c a w•Nr.~ a Iw „R..wu sr: ou R CEDAR INDUSTRIAL PARK _a \ _ (claNa-EO>r (rarNo-Saaa FOR ror r. n..•I•.. r..a< s..:r rrs Dac: rnlrl,rl,os rzrr SHAWNEE ASSOCIATES : (alzflW ( ).ii- ls_rw Wa3 ,qE ND: I103.iD fotl f S SHAWNEE ASSOCIATES 14586 Hunters Lane Savage, Minnesota 55378 952 226 4931 City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Attention: Planning Department Re: Shawnee Associates Conditional Use Permit To whom it may concern, The following is our written narrative as required by the Conditional Use Permit. We own two office/warehouse buildings with industrial zoning at 1904-1948 Shawnee Road, Eagan, Minnesota. We are requesting a Conditional Use Permit for the temporary storage of materials and trailers in transit. Trailers are brought on site for repairs and work is completed inside the buildings, and then returned. Also, materials, including steel joist and deck, are stored for a short time while in transit. Our buildings were built in 1980, and to the best of our knowledge, we have never had a complaint before. We have always tried to be a leader in our industrial area, keeping our buildings clean and free of debris and unnecessary clutter. We have never allowed outside storage similar to other buildings in our area. If this is an attempt to clean up all of Cedar Industrial Park, we look forward to the effort. We will continue to do our part! S, E SSOCIATES, LLP Terrance G. Maurer, Partner RECEIVED APR 19 2006 W L4 NARRATIVE Agenda Information Memo June 20, 2006 Eagan City Council Meeting B. PRELIMINARY SUBDIVISION (HERITAGE OF HIGHVIEV) - GLORIA FRITZ ACTIONS TO BE CONSIDERED: To approve (OR direct preparation of Findings of Fact for Denial) a Preliminary Subdivision (Heritage of Highview) to create four single-family lots upon 1.7 acres on property located at 1420 Highview Skyline Drive, in the SE'/o of Section 4; subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The applicant is requesting approval of a subdivision to create four single family lots. ➢ The existing single family home was built in 1964 and will be removed after subdivision. ➢ The proposed subdivision and lots meet/exceed all subdivision and zoning requirements. ➢ The APC held a public Hearing on this item on May 23, 2006 and they are recommending denial (3-2 vote). ISSUES: ➢ Two area neighbors spoke against the subdivision as not being in keeping with lot sizes in the area. ➢ The City Attorney has indicated that the proposal is consistent with the Guide Plan designation and all zoning/subdivision requirements and should be approved. ➢ The applicant has submitted additional information illustrating prospective views and similar sized lots in this area of the City (Section 4). 120 DAY AGENCY ACTION DEADLINE: August 16, 2006 ATTACHMENTS (3): Draft APC Minutes on ages V through I Staff report on pages'~through Additional information submitted by the applicant on pages 110 through ~ /113 9l Advisory Planning Commission Minutes May 23, 2006 Page 5 C. The Heritage of Highview Applicant Name: Owner Location: 1420 Highview Ave.; Lot 2 & 3, Block 1, Highview Park Addition Application: Preliminary Subdivision A Preliminary Subdivision of 1.7 acres to create 4 single-family lots. File Number: 04-PS-08-04-06 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated May 8, 2006. He noted the background and history. Mike Brandvold, Anderson Engineering stated objection to the park land dedication calculation (for three lots) referenced in the staff report. City Planner Ridley stated the park land dedication fee was researched,-and, due to past payments, should be required for only two of the proposed lots. Vice Chair Chavez opened the public hearing. i Ruth Twomey, neighboring resident stated objection to the division of the property. She stated concern that if subdivision is allowed, many others will want the same consideration. Martha Metz, 1439 Highview Ave., state ;objection to the smaller lot sizes and stated they should be kept larger to fit into the rest of tlje neighborhood. She stated concern that the lots would be hard to sell being in the airport noise zone in which they are located. She stated preference for two lots instead of four lots on this sitO There being no further public comment, Vice Chair Chavez dosed the public hearing and turned the discussion back to the Commission. Vice Chair Chavez stated the proposal complies with`'the Comprehensive Guide Plan land use designation of Low Density. City Planner Ridley stated all of the lots meet or exceed all City Code requirements of the R-1 Zoning District. Member Keeley stated concern for the density in comparison to the surrounding neighborhood. Member Keeley'rrioved, Aten&r Heaney seconded, a motion to recommend approval of a Preliminary Subdivision (The Heritage of Highview) consisting of four lots on 1.7 acres located at 1420 Highview Aenueon' the south side of Highview Avenue just west of Pilot Knob Road in the SE Y4 of Section 4 `subject to the following conditions: 4 1. The developer shall comply with the following standard conditions of plat approval as adopted by Council on February 2, 1993: Al, 131, C1-3, D1, and E1. 2. The property shall be platted. 3. Architectural designs and construction methods for new construction within the development shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 q2I Advisory Planning Commission Minutes May 23, 2006 Page 6 dBA as compared with a noise level of 65 DNL. This would require an inside noise level reduction of at least 20 dBA. 4. All existing sanitary sewer and water services shall be abandoned in accordance with City Public Works standards as part of this development. 5. The trail connection between Lots 2 and 3 shall be constructed by the developer prior to issuance of building permits for the proposed houses on those lots. 6. The developer shall dedicate a public trail easement, in a form ac ptable to the City Attorney, (minimum of 15 feet in width) to cover the proposed trail between Lots 2 and 3. 7. Water Quality requirements shall be via a cash dedication'.k, 8. The developer shall submit a revised Tree Preservation Plan with the Final Subdivision application that illustrates the placement of Tree Protection measures (i.e~-orange colored silt fence or 4 foot polyethylene laminate safety netting) installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 9. The developer shall also contact they Forestry Division to set up a pre-construction site inspection at least five days prior to gracing to ensure compliance with the approved Tree Preservation Plan and placement of th'e Tre ' Protection Fencing. 10. The developer is subject to a cash park and trai fi% for three lots based on the net increase of homes. r 11. The developer's trail dedication` shall be credited to the cost of constructing the trail connection to H,ighview Park. Construction costs not covered by trail dedication should be credited to the three lot park dedication. A vote was #ake Aye: Vice;,~Fa r Chavez and Member Jensen. Nay Members Heaney Keeley, and Feller. Motion faiiedx3-2. r Member Keele'y'io ed, Member Heaney seconded a motion to recommend denial of a Preliminary Subdivision (The Heritage of Highview) consisting of four lots on 1.7 acres located 4y ..:at 1420 Highview AMN e_on the south side of Highview Ave just west of Pilot Knob Road in the SE Y4 of Section 4 due'to'the density compared to the surrounding neighborhood. 4r' A vote was taken. Aye: Members Heaney, Keeley, and Feller. Nay: Vice Chair Chavez and Member Jensen. Motion carried 3-2. ~3 PLANNING REPORT CITY OF EAGAN REPORT DATE: May 8, 2006 CASE: 04-PS-08-04-06 APPLICANT: Gloria Fritz HEARING DATE: May 23, 2003 PROPERTY OWNER: Same APPLICATION DATE: April 16, 2003 REQUEST: Preliminary Subdivision PREPARED BY: Michael J. Ridley, AICP LOCATION: 1420 Highview Avenue COMPREHENSIVE PLAN: LD - Low Density ZONING: R-1, Single Family SUMMARY OF REQUEST Gloria Fritz is requesting approval of a Preliminary Subdivision (The Heritage of Highview) consisting of four lots on 1.7 acres located on the south side of Highview Ave just west of Pilot Knob Road in the SE %4 of Section 4. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning 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 of the 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. 9~ Planning Report - The Heritage of Highview May 23, 2006 Page 2 E. That the design of the subdivision or the proposed improvement is not likely to cause environmental 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. 1. 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). J. 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." BACKGROUNDIHISTORY The subject site consists of two adjacent platted lots (Lots 2 & 3, Block 1, Highview Park Addition). The existing home, located on Lot 3, was built in 1964. EXISTING CONDITIONS There is an existing single-story home, detached garage and shed on the site. The detached garage crosses the common lot line with Lot 2. The site has a variation in topography that will allow the southern two lots to accommodate a walkout and a lookout design. The site is generally open with mature trees scattered throughout the site but primarily located along the south and west site boundaries. 7~ Planning Report - The Heritage of Highview May 23, 2006 Page 3 SURROUNDING USES The site is surrounded on all sides by land zoned, guided and used for single family residential. EVALUATION OF REQUEST Compatibility with Surrounding Area - The proposed subdivision appears compatible with this area of single family homes. The area is impacted by airport operations at MSP; noise considerations are discussed below. Lots - The subdivision will create four lots that exceed the 12,000 SF minimum R-1 lot size and 85' lot width requirements; the proposed lots range in size from 14,053 SF to 15,154 SF. Densi - The proposed subdivision will create four lots on 1.7 acres; resulting in a density of 2.3 units/acre. Setbacks - The applicant has depicted the buildable area and possible building pads for each lot that meet or exceed all R-1 zoning bulk standards for setback, building coverage Airport Noise Considerations - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter in Metropolitan Development Guide that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in Eagan place the subject property within Noise Zone 4. The City's adopted Comprehensive Guide Plan currently designates the area as LD, Low Density residential. Within this area, infill single-family development would be conditional. To approve such development in this area, the City Council would need to make acceptable findings concerning the following Land Use Review Factors: 1. Indoor Sound Level: Proposed construction design will provide outdoor to indoor attenuation required by structure performance standards. 2. Location: Located under major departure flight track used by jets. 3. Location: Located parallel to primary runway used by jets. 4. Location: Located parallel to runway to be used for unshielded engine run-ups. 5. Planning Considerations: Consistent with adjacent land use ambient noise; consistent with the overall Comprehensive Plan. 6. Method of Disclosure: Local government has adopted effective method to inform future occupants of aircraft noise exposure. With respect to the factual aspects of the Review Factors, the site is located approximately two miles southeast of the parallel runways at MSP, adjacent to primary arrival and departure flight tracks for those runways; in between the 60 and 65 db noise corridors. The property is also approximately two miles from the engine maintenance and run up area. (Factors #24) L* Planning Report - The Heritage of Highview May 23, 2006 Page 4 The City's updated Land Use and Zoning Maps depict the Metropolitan Council's noise policy contours. This will serve as notice to future occupants of the potential noise from aircraft operations. (Factor #6) If the City determines that findings concerning these conditions support the approval of this application for in-fill development, it should be conditioned on the following: Architectural designs and construction methods for new construction within the development should incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 65 DNL. This would require an inside noise level reduction of at least 20 dBA. (Factors #1 & #5) Gradin& - The preliminary grading plan is acceptable with modifications. The site is relatively flat and generally slopes from its center north to Highview Avenue and south toward Highview Park. Storm Drainage - The preliminary storm drainage plan is acceptable with modifications. The storm water runoff from a majority of the development is proposed to drain to the proposed cul- de-sac and into existing storm sewer within Highview Avenue. The existing storm sewer connects to the storm sewer pipe system within Pilot Knob Road. The remainder of storm water runoff will drain to adjacent properties in amounts equal to or less than current conditions. Utilities - The preliminary utility plan is acceptable. Sanitary sewer and water main of sufficient size, depth and capacity is available for connection from Highview Avenue. All existing sanitary sewer and water services should be abandoned in accordance with City Public Works standards as part of this development. Streets/Access/Circulation - Public street access for the development is proposed from the extension of "Highview Court" south from Highview Avenue. Highview Court is proposed as a 200-foot long cul-de-sac at dimensions in accordance with City standards. A public bituminous-surface trail is proposed between Lots 2 and 3 from Highview Court to provide public pedestrian access to Highview Park from the north. This trail connection should be constructed by the developer prior to issuance of building permits for the proposed houses on Lot 2 or Lot 3. Easements/Permits/Right-of-Wad - The developer should dedicate a public trail easement (minimum of 15 feet in width) to cover the proposed trail between Lots 2 and 3. The easement should be recorded with the final plat. Financial Obligation - At this time, there are no pending assessments on the parcel proposed for platting. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, the following estimated charges will be collected at time of final subdivision or connection to the City's utility system. The final charges will be computed using the rates in 41 7 Planning Report - The Heritage of Highview May 23, 2006 Page 5 effect at time of connection or subdivision. The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision or plat, with due allowances for easements and right-of-way required with the plat: Improvement Use Rate Quantity Amount Sanitary Lateral SF $26.70/ ff 160 ff $4,120 Storm Sewer Trunk SF $0.103/ sf 48,003 sf $4,945 Water Trunk SF $1,170/ lot 4 lots $4,680 Total $13,741 Water Quality/Wetlands - Given the limited size of the subject site, Water Quality requirements should be met with a cash dedication. There are no wetlands on the property. Tree Preservation - There are 44 significant trees on site. The Tree Preservation Plan indicates removal of 16 significant trees (36.4% of the total) which is under the allowed 40% removal for this type of development; as such, there is no required tree mitigation. The applicant should submit a revised Tree Preservation Plan that illustrates the placement of Tree Protection measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. The applicant should also contact the Forestry Division to set up a pre-construction site inspection at least five days prior to grading to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. Parks & Recreation - The project should be subject to a cash park dedication ($3,278/unit) for net increase in lots (three). The applicant's trail dedication ($238/unit) for three lots should be credited by the amount of the construction cost for the Highview Park trail connection. Construction costs not covered by trail dedication should be credited to the three lot park dedication. For 2006 projects, the City Engineering Division calculated credit of $15 per lineal foot of 8'wide bituminous trail would be applied. Because the estimated value of the credit may exceed the calculated trail dedication a small credit could be applied toward the park dedication. Based on 2006 figures, the following dedication amounts would be required. The trail construction costs are estimates and would be calculated at the time of final plat approval through the development contract. Trail Dedication = $ 714 Park Dedication = 9834 Total dedication = 10,548 Trail Construction Credit = (90'x $15 = $1,350) (1,350) Approx Balance Dedication Due = $ 9,198 Planning Report - The Heritage of Highview May 23, 2006 Page 6 SUMMARY/CONCLUSION The proposed subdivision meets all R-1 zoning and bulk standards, proposes tree removal under the allowable limit and appears compatible with this single family detached area. With respect to airport noise, the in-fill site's location requires sound attenuation measures be utilized with the construction of each new home. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision (The Heritage of Highview) consisting of four lots on 1.7 acres located at 1420 Highview Avenue on the south side of Highview Ave just west of Pilot Knob Road in the SE t/4 of Section 4. If approved, the City has determined that conditions support the approval of this infill development and the following conditions shall apply: 1. The developer shall comply with the following standard conditions of plat approval as adopted by Council on February 2, 1993: A 1, B 1, C 1-3, D 1, and E 1. 2. The property shall be platted. 3. Architectural designs and construction methods for new construction within the development shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 65 DNL. This would require an inside noise level reduction of at least 20 dBA. 4. All existing sanitary sewer and water services shall be abandoned in accordance with City Public Works standards as part of this development. 5. The trail connection between Lots 2 and 3 shall be constructed by the developer prior to issuance of building permits for the proposed houses on those lots. 6. The developer shall dedicate a public trail easement, in a form acceptable to the City Attorney, (minimum of 15 feet in width) to cover the proposed trail between Lots 2 and 3. 7. Water Quality requirements shall be via a cash dedication. 8. The developer shall submit a revised Tree Preservation Plan with the Final Subdivision application that illustrates the placement of Tree Protection measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. Planning Report - The Heritage of Highview May 23, 2006 Page 7 9. The developer shall also contact the Forestry Division to set up a pre-construction site inspection at least five days prior to grading to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 10. The developer is subject to a cash park and trail dedication for three lots based on the net increase of homes. 11. The developer's trail dedication shall be credited to the cost of constructing the trail connection to Highview Park. Construction costs not covered by trail dedication should be credited to the three lot park dedication. 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 1. 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 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks Commission and approved by Council action. G. Water Quality Dedication 1. 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 1. All subdivision, zoning, and other ordinances affecting this development shall be adhered to, unless specifically granted a Variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 G:Engineering/Forms/Standard Conditions of Plat Approval 102, lagan Boundary N Right-of-way Location Map Parcel Area Park Area - Building Footprint Y'Te-r"R M.rt. M ~ 7 r r try s y ! e s f r ~ a* Y~~ " p p ~ M/ ~ ~ t / ■ tT F ev .~ael -Im ILI Oil 1 7 w. I ~ ' S S+ p i r k M t e.~~ t ♦ 5 •w il e 8 op it • ~ 10 lit f t e~ ~ ~ 1 g•1 a ~p~. 46 -M- saIsaliel-11.1"M low 0 + Lj V. a mom sec _ 1100 0 1000 2000 Feet Development/Developer. The Heritage of Highview Application: Preliminary Subdivision Case No.: 04-PS-08-04-06 ZC5 Map Prepared using ERSI ArMnew 3.1. Parcel base map data provided N by Dakota County Office of GIS and is current as of April 2005. City of Eajan THIS MAP IS INTENDED FOR REFERENCE USE ONLY W* E The City of Eagan and Dakota County do pot guarantee the accuracy of this information and are S Gommunfty Dwefopment Department not responsible for errors or omissions. oEw. d ' x B r` + F ,.w x r 5 : ryj~y r/Y'.s1'J ;f-;Y~~d ~II S ASYY 11111 ~ 9•G~d: "r§. 3 ,T is IF- nr a fly. Y i,; Iwo, f 4 Yr ~ ~ f : : K w x y d a a cn I»i_. CO g o LL) c~ ulp LLJ Z I , It l Lr_ ~ n ' ' - 1 - - - - - a . I a" E I rr o~ -Swa n MOO= t L - b 1 I I I 1 I ~ I I I y ' i ' aa*o a o..a Fy ■ I WWII i SRI 6 1 ass ~~a b e 8 nl e' 1! 1 1 1 11, r € a ssit "ac E M17 0 ~ o • E " . . /C6 a Wd 6T:££:Z 9002/6T/b'6MP•3eIdbZ6 OT\00601\:X t 4 ,z p ZZ Z + ~ ~F 2 I e I 4 A o.a "i I i r j i W I I - I 'JN bY+M1+o1 vlMa ~ _ I ~1 _ p -~_T _ .7_- _ _ _ _ J -.f LLJ I ~ • ~ .,,a .a: - ,.I!lo Liza t Jf. -dJ r T c Y- 1/ I I k a. I ~ ~ ~ 8g 13 - E 130. I I w: sd 1 1 aW1wK ~ O _ I Toro (,n - I ~ I I . i 1 I 5 ?tj~~ ~a xxxxxx xxxxxx xxxxxx b b b b b b e b_ o b b 3 b _ e b $ y t -,T ' Sb6'T6:T 'pionpueigtu'Wd TS:Zb:Z 900Z/6T/b'6mP'aaaltbZ60T\ iAt \0060T\ X p Fl_~N /S/ti~[y i y ~1 ~p(7 1 ! eE~! ~~gir{(l(~ i0 Mi sf ; will, 6$ tl $t $ ~@ !1: If •9 1 ~I df < CAM c ! tl i$ tl e i ~ Edd.E[~f p E°! ' ~tl f 3i i Eli r61 X11.11 11 I:tl Ito Ith fi °a tl !g L ° (tl § c 00 i w !8r ' (d z I a o !j 1 lr j' t, le! t 1f 1 a $1 11 ~ 1 1 e . i pp tM r' I ,~L Ill 1 tli fill; I ! tl R 1l11 11 ti it Z tl g tlt((E7~ ittl{•~ : tg I tl EyI Y E e 8! . . tll d ,j13f li Al''~' i1 i ~td 7etl ~ ~i ! E$ E 6 e 3 tl ~ tl ~ Q'" e t t lilt fir$ $ °;~qi;~ $ i tls e$ ,..Y. t ! '1t ~ !'}t° tl a € IpIp $~lle~s t d°' ! I!1 i .1 9 ~ltl9 1 ¢a $tl ::6;; 1'diE~' f! r ill ~tl 7 6. "~•"`•r ~E"if 71~6I s~i 7$1 4e Y!~➢ iS~ ail i ~fI[f f! tl d6f ! S E ~ {7/~/7~y+~{ Faf 4f L `LJJ w I 1 1 U-i 1 Et~~ §12 WZ~ I 1 ~ , I s~~ 1 Lr--- ~ v i ' C9 1 I o. ~'.1 1 1 t o ' iM _ - -S?I!] M3TIAH~IX ? - --Pi - .S - # y 71 1 3~ 11 Vie. ^%1Y 7~~ 1 1 1 T S OPae'S.• f 1 I ( 1 I T~ 1 I I ~ 1 1 I 1■ I I 1- _ ' I GIB I I r ~ I E €E a X yyy 2 j a •p4~"'" ~tlgg h { ono e..•®■~{IIIIII~ IIIIIII ~ I' a ` Wd Zb:Z£:Z 9002/6T/b'6MP'PeJ9bZ6 Z 01\0060T\:X tili d 9 N 1 B 1 19," a ,Z !R i . II e € j tO (}j. = CV O • ` O Ltd V LLJ 9$L Z 62~ I I ~ , I ; mMwm n•.. ~ ~ I fJ I ~ ! .bM1 1 x 84 b-nsa - - ~b p n EE I ~ c pP ,G 01 r a I +M m l ~ °B^ P=x I - - - - - J Stfer(1 Qtl 1 I I pri~ I I I I 6 I I ~ 69 is so a s t 6 WIN oil ! }4. 11.(I sad Wr3 aal }I fIf /C8 51 °•o II I II I~ l}, II ~1 I~ ~II - i 1...}~~p{•jl! K6 Oi\00601\:X /n D 4 1433 ~ 1427 1421 2811 . _f 1 a j ~ r--, t S tt ~ C ;1430% i 1426 1416 1412 ' 1400 1420 062-00 2855 0 062-00 063-00 2 1 i 1436 9 090-00 092-00 CITY 094-00 i i 1 093-00 t , 2865 i 141.5 1409 CITY OF EAGAN 020-75 i l r ..ji /2 FINANCIAL OBLIGATION LEGEND Storm Sewer Trunk Water Trunk Sanitary Sewer (160 ff. ) May 1 1, . 06 The Heritage of Highview Addition City of ~Il Fig. 1 Financial Obligation Engineering Department Preliminary Plat - "HIGHVIEW ESTATES" 1420 Highview Avenue, Eagan, MN Supporting Information Overview The Owner/Applicant is proposing a four lot Preliminary Plat subdivision for the existing 1.7-acre parcel of land located near the southwest corner of Highview Ave and Pilot Knob Rd. An early 1960s era single family home is located on the site. The owner occupies the home. Site Conditions Current zoning is R-1. Proposed zoning is R-1. Comprehensive Guide Plan designation is Residential. Comprehensive Guide Plan will remain Residential. The home is accessed by an existing loop driveway. City sewer and water serve the home. The proposed plan calls for removing the existing home. Four new homes would be located on a cul- de-sac. Lot sizes are approximately 1/3 acre. Sewer and Water utilities are currently available on Highview Avenue for use with the single-family homes. The site is open in nature. Mowed lawn and a few trees exist on the site. The site is a Level 1 area with respect to wetlands. There are no wetlands on the project. An open-space style city park abuts the site to the south. Surrounding land uses within 600 feet include single-family residential, commercial and park/open space. Design Criteria No zoning changes or variances are required for this development. Each lot meets the 12,000 square foot area requirement. City utilities will be extended south to serve the four lots. The following design parameters were reviewed: • Minimized site disturbance (best fit • Burial of overhead utility lines house) • Comparison of adjacent lot criteria • Opportunity to minimize tree loss . Existing neighborhood layout • Shortest cul-de-sac Neighborhood Conditions Specific proximity to the Pilot Knob Road/494 area makes the site very amenable for single- family home use. A four-lot division is in character with recent development to the west. Existing traffic near the site is residential in nature. The project is located on the easterly end of Highview Avenue. This street serves a couple residential streets to the south and west. Highview Avenue connects to Sibley Memorial Highway near the Lost Spur Golf course. Residents leaving the site would generally go east to access Pilot Knob Road. Proposed traffic RECEIVED APR 1 0 2006 PD g 1420 Highview Ave Page 2 of 4 would be homeowner vehicles along with weekly refuse pickup. Trips generated by the new homes will be minimal. Care was taken to minimize the grading and tree impact for this project. New landscaping will be planted around each new home. The owner will work with the neighbors to minimize access disruptions while a sewer and water service is installed. Effects on streets, utilities, and parks: The change is in line with the Comprehensive Plan for this area. Utility construction will connect the proposed homes to the existing sanitary sewer and watermain located within Highview Avenue. Current utilities are of adequate size for the proposed homes. Metropolitan Council sewer and water access charges will be paid for the additional home sites. Parkland dedication fees will be paid in lieu of land. $9,834 will be paid to the City for use of new park acquisition and or enhancement. RECEIVED APR 1 9' 2006 Z:\Docs 10900\10924\Correspondence\City\PRELIMINARY PLAT Narrative 4-17-06.doc 1420 Highview Ave Page 3 of 4 Applicant and Consultant Data Applicant/Owner: Gloria Fritz 1420 Highview Avenue Eagan, MN 55121 651.454.1762 phone & fax 651.755.0824 cellular Professional Consultants: Michael Brandvold, P.E. Jack Bolke, L.S. Anderson Engineering of MN 13605 1st Ave N Plymouth MN 55441 763.412.4017 phone 763.383.1089 fax RECEIVED A- ; v «i06 Z.\Docs 10900\10924\Correspondence\City\PRELIMINARY PLAT Narrative 4-17-06.doc 112 10 1420 Highview Ave Page 4 of 4 Legal Description Lot 2 and 3, Block 1, Highview Park Addition, Dakota County, Minnesota. RECEIVED APR 1 0 2006 Z:\Docs 10900\10924\Correspondence\City\PRELIMINARY PLAT Narrative 4-17-06.doc 113 r'd ~ ~ f s~ J w r.w i~> ~t Y, r." r v'Y , :k ; ~~~7 ` ~t. a~ < -y x~ ~ S. , 4 Z ~ •i ,f ham; }F^ vI .~r wo, ,pps L 1 r OWN rT vo% l t t y~ S , f v~ r g ~ 7 ~ ~:-0r Yet r~;". F 4~, f 5 - 1 1 j?y. ~f' tj ~ t c ! 'i k M f° ~G ~to , Y ./~-rt~ C•~ ft-i~ L h 'rah: "'t k C ~ .C A rL ! 1 ~ fry .i ,hy ~ Y' 4 35 a'; k r ~ f A ~lJ` ~1 I 'tT rage i of i { i °:D M N r. A l `D'l1a SF acs .tw l , , - - .4 -D 4, lop F http;//207171.98.200/scripts/esrimapoll?naive=webgl&Cnrid=Image e - S &B... 6/2/2006 Zd D Z -N ~'0 .s 10 urc Y Ny' N~QO xo roW m Y+~m~o aVl Z tW1 '60 N1- 3 3 d FO 6 U.C 04- 0 ~ . u >)~w r~ ~.m i•h X O,~A N m¢• < F Q F Z I l 40-4 0,'0 H 10.100 4 i ~u 60.1 Um U J I:.DG Z ESQ U.c m _ = i U r 1i [Eate c _ F v. o_ X (u:'~~Fno `W N Ziw S O > % O to U ~•S•W 'S50 O.C My,.. ¢ ¢ do N~ bL M V.IUrC3 0 0 4A 4- WZ p W U=W D O Jti ri 4+ A Z- ~ r-2 d-= •.i f+ 'r+ O --F 0 m OF > .1 w.zC Z 4wo O• f O U 01'W S Z £ FL Wo ho o a O qO 91.1 C) HCS AX Y O_. C) 04 0 4) 41 1z m o • 4 h 6 me so r41 41o, 1 L I FO Z 0 HO 4.W t.-IL F {I IL )0 Fh to0 Fh r. P..0 rl N M EEb 'NLE1 ~►'O➢S I, i5 4/1 3N 7H11 '.3 O B9'61Y1-._ a N l 11 E?:?t.. M „00.101,00 N - N 3 6'6 L7 sraea ~ 0 o ('qb SON X.10'11d) l£ ON HVSO =o. op S6'6b1 1 tr cl1 95'641 0 0£ 0E ~m o - oz 3 a ._1 I.,1 N N / Ix$ y o I \ -~0 I Z' 0 l,~6 ( !2~ to Qvu I SSS\ i~ .y 2~53~ sI ~I Pei</ /iryy~ ~:ux o ~i\ ~i,46~i0g Oel9:r i a v a1, w N O ~ Q 0 O .0 p E. ( ~ I••- o , W , ~ , O r ~ Ir M . 01 41 N--, ° 21 0 / . r^`; _ L- _ LO_III n , hj \/LM „OO,IQ°00 _N j 0• i o m 0 LL, Q N N~1 V MIS -,,to to. l1J M l4 u'1 I O I (O 7 cv.7 J of"V P. c6 It L N o 40 4 I Z Q ~I o 90) Y n~ Lo, W o a oti o il_ , . of 09 0 'm. 10 O ~ O \ O'O~ 06'p o.^ 96'61 m1, a• 2 S• - F 831so o Mm s~ 1,o P ;2 ' I i 3 ,£2,01°00 N O m 1t I 9SSg\4y 41 .r 3 z E Log. ' ..1.. - 00 1 - a a W I r i~~p z" viu rnl oz / Y L/ G, frca" _ _ OOB1 T ~a £9,ti 91 ° ~61'1Z 1 00'0 0£ s+' M£2 cq HINzz},'b'03S 'b/1 3S a/1,BN`go!'g 3H1 d0 ,'b b.'3,7153 3H1 d0'3N7'M Z6.6Z£ 'iC. M »00,10.00 N~ W D° :zI ` e oz m o 1,•¢W 1 £Z ~9X /L2 si'LL ~d NQ/1735 d0 t7,'7S 3HC ~O 3N/'71St13 11 l7CZ ON TL2 FF 9b C9/ W 09E^/ 1.. 14 I h Lnr o o~ C-L _ I 1f Flo ~ 5~_~ ~ ~iz N~ ~ 2J Ilrr ~ ¢ po ~i' I ° )i V I u00,60 S~ b 009/..V . 7 "J ~ ~ l Ir 3,2E 6l,OS [E'6E/ C) C3 o~ w : ~o fl NCI I ~ .-._Lyn~a_Lcol✓ _n~i ~o b.6/ S m, It 9z"/~ i9 Isy~o s FO. I "g M o " tea. Z ~ m l l ~ ~ I ~4 ~ 1~ cY'O4vey%rif° ~Z`~~ 5~ oe6o.55.v O ~ Q ~1 616/+7 i ~ .`z Z 00 A/na ~ C ,l~\ DY bl+7 ~y Y` I I\ I~dOZN NN OI ~ OG/!~ ~Y ~ P71 Z - ~ I i. I~ ~ ~'U ~d~ oo Sb•~ ,://~y0~ '_-t~d> vc. J - v l-r 42 war J 1 ~sy~ 0 lei T~l 11# ~ 7`~'"J ~BLy