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02/06/2007 - City Council Regular AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING February 6, 2007 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE p • II. ADOPT AGENDA (At approximately 8:00 p.m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS Z. A. RECOGNITION of Dispatchers for Years of Service IV. CONSENT AGENDA A. APPROVE MINUTES P B. PERSONNEL ITEMS FP, r1 C. APPROVE CHECK REGISTERS P.15 D. APPROVE Resolution to refinance the 1997 City of Eagan (Master Mechanical) Industrial Development Revenue Bonds P.52. E. APPROVE Grant Agreement with Dakota County for Public Health Preparedness Planning p. 40 F. APPROVE Addendum to UPS Easement Agreement, Project 778 (TH 149 Upgrade) F. 41 G. APPROVE Addendum to CP Rail Easement Agreement, Project 778 (TH 149 Upgrade) )2.42 H. APPROVE Final Payment and Authorize City Maintenance of Contract 06-02 (City-Wide - Street Overlays & Improvements) P. 43 I. APPROVE Final Payment and Authorize City Maintenance of Contract 06-03 (City-Wide - Street Overlays) P. q V V J. APPROVE Final Payment and Authorize City Maintenance of Contract 06-09 (Nicols Road - Sidewalk Improvements) p'L[S K. RECEIVE Final Assessment Roll and Schedule Public Hearing (March 6, 2007) for Project 938 (Nicols Road- Sidewalk Improvements) p, (F~ L. RECEIVE Easement Vacation Petition and Schedule Public Hearing (March 6, 2007), Terra Glenn 3`d Addition P.qq M. APPROVE an Extension of the Preliminary Subdivision approval for Gustafson Addition located at 543 Red Pine Lane in the NE 1/4 of Section 36 N. APPROVE Extension to recording a Conditional Use Permit for Wensmann Homes located at 4870 Biscayne Road in the SE '/4 of Section 36 R 5•3 O. APPROVE Final Subdivision - Madelyn Woods located at 1810 & 1836 Cliff Road in the NE 1/4 of Section 32 -p P. APPROVE a Resolution accepting an anonymous donation of a Medtronic LIFEPAK Automated External r ' S5 Defibrillator (AED) P. 57 Q. APPROVE Massage Therapy Establishment License for Allison Webster, Rejuv Skin and Laser Center, 1625 Lena Court #300 zj$ R. APPROVE Contract with Dakota County for Sentence to Serve Program P 5 1 S. AWARD Bid for 75 foot Fire Ladder Truck P' ( T. APPROVE 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 '/2 of Section 9; Continued to February 20, 2007 U. APPROVE an Agreement with "free Trust to become a host site for a Community Support Program. V. PUBLIC HEARINGS VI. OLD BUSINESS VII. NEW BUSINESS P. 1,05 A. PLANNED Development Amendment - MVTA Eagan Station - A Planned Development Amendment to allow a detached trash enclosure located at 3450 Pilot Knob Road on Lot 1, Block 1, MTVA Eagan Station in the NW 1/4 of Section 15 P. 77 B. INTERIM Use Permit - Northwood Equity - An Interim Use Permit to allow outdoor storage of vehicles located at 3265 Northwood Circle on Lot 1, Block 1, Northwood Business Park 3`d Addition in the SE 'A of Section 10 P.9? C. INTERIM Use Permit - Gopher Services - An Interim Use Permit for a yard waste, compost and landscape center located on Outlots G & H, Gopher Eagan Industrial Park 2nd Addition in the SW 1/4 of Section 12 VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE I Z A. APPROVE Resolution in Support of a 2007 State Comprehensive Transportation Funding Package 1 IX. ECONOMIC DEVELOPMENT AUTHORITY A. Call to Order ' B. Adopt Agenda P, C. Approve Minutes D. Old Business P.,21 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Approve Purchase Agreement and Related Documents for Acquisition of the Steve Martin Property at 3990 Sibley Memorial Highway 2. CEDAR GROVE REDEVELOPMENT DISTRICT - Authorize reparation of Updated Market Study for Core Area Redevelopment E. New Business F. Other Business . 1211,:zG. Recess to Executive Session - The EDA will be asked to hold an Executive Session to discuss the possible acquisition of the Kelly Plourde Property at 3935 Sibley Memorial Highway in the Cedar Grove Redevelopment District X. ADMINISTRATIVE AGENDA XII. VISITORS TO BE HEARD (for those persons not on agenda) XIII. CLOSED SESSION MAC Lawsuit Update XIV. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. Ab~ City of EMemo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 2, 2007 SUBJECT: AGENDA INFORMATION FOR FEBRUARY 6, 2007 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the February 6, 2007 City Council agenda, the following items arc in order for consideration. Agenda Information Memo February 6, 2006 Eagan City Council Meeting RECOGNITIONS & PRESENTATIONS A. RECOGNITION OF DISPATCHERS FOR YEARS OF SERVICE ACTION TO BE CONSIDERED: To recognize Dispatchers Dawn Anderson (21 years), Sandra Flategraff (24 years) and Kathryn Hoffinan (15 years) for years of service to the City of Eagan. FACTS: • Due to the consolidation of Dakota County dispatchers to the Dakota Communications Center, dispatchers at the City of Eagan are no longer City employees as of January 1, 2007. They are now employees of the DCC. • According to the City's Retirement/Resignation Policy, City employees with 15 or more years of service shall be publicly recognized at a City Council meeting and presented with a tree plaque acknowledging their years of service to the City. • Three dispatchers have completed more than 15 years of service; it is appropriate for the City Council to recognize them for their years of service. Agenda Information Memo February 6, 2007 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 January 16, 2007 regular City Council meeting and January 9, 2007 Special City Council meeting as presented or modified. ATTACHMENTS: [ • Minutes of the January 16, 2007 regular City Council meeting are enclosed on pages through ) 0 . • Minutes of the January 9, 2007 Special City Council meeting are enclosed on pages through 15 MINUTES OF A REGULAR MEETING OF THE 1DR'4F EAGAN CITY COUNCIL Eagan, Minnesota January 16, 2006 A listening session was held on January 16, 2007 at 6:00 p.m. in the Eagan Room of the Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Fields, Tilley and Bakken. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on January 16, 2007 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Tilley, Carlson, and Bakken. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert; City Engineer, Russ Matthys; City Planner Mike Ridley, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. CONSENT AGENDA Item 1 was pulled for discussion. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the consent agenda as amended. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the January 2 regular City Council meeting as presented . B. Personnel Items. 1. It was recommended to approve the hiring of Ryan Moy as a Recreation Program Assistant. 2. It was recommended to approve the hiring of Alex Maves, Becky Hanning, Bob Rydberg, Dan Myers, Eric Holmay, Erick Bertelson, Geoff Cleveland, Hillary Haynes, Jennie Schorn, John Hemmingson, Jonah Lundberg, Joshua Garcia, Kati Schorn, Katie Maruish, Kelly Colbert, Kevin Blake, Kevin Stevenson, Matt Steele, Mike Hemmingson, Mike Eliers, Nick Kelley, Peter Fooshe, Renee Schlittler, Richard Otte, Ryan Marks, Tate Plath and Wayne Gray as Winter Recreation Leaders. 3. It was recommended to approve the hiring of Randy Boyden, Keith Wallace and Chad Huebener as winter adult sport officials. 4. It was recommended to approve a resolution offering Social Security to elected officials covered by the PERA Defined Contribution Plan (DCP). C. Check Registers. It was recommended to ratify the check registers dated January 4, 2007 and January 11, 2007 as presented. D. Tree Maintenance Contractor License. It was recommended to approve a Tree Maintenance Contractor License for Wright Tree Service and Kaufinan Enterprises, Inc. E. Tobacco License. It was recommended to approve a 2007 Tobacco License for Tobacco Outlet, 1430 Yankee Doodle Road. F. Trash Hauler License. It was recommended to approve a 2007 Trash Hauler License for Veolia Environmental Service. G. Final Subdivision. It was recommended to approve a Final Subdivision (Marian Addition) to create two single-family lots upon 1.8 acres of land located at 4365 Capricorn Place in the NE '/4 of Section 27. H. Item was removed from a ends. 1. Rezoning. Pulled for discussion. J. Contract 06-05. It was recommended to approve plans and specifications for Contract 06-05 (Blackhawk Road/Galaxie Avenue & Cliff Road - Intersection Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, March 1, 2007. 4 r , ..,„~x ; ~1 Eagan City Council Meeting Minutes DRAFT January 16, 2007 Page 2 K. Winter Season Parkinu. It was recommended to approve a resolution establishing winter season parking regulations as proposed by the City Engineer for Mallard View and authorize the installation of regulatory street signs. L. 2006 Joint Powers Agreement. It was recommended to approve the 8-City Joint Powers Agreement for Street Maintenance Contractual Services and authorize the Mayor and City Clerk to execute all related documents. M. Contract 07-01. It was recommended to approve the plans and specifications for Contract 07-01 (Citywide Street Overlay and Trail Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, February 15, 2007. N. Contract BCBS. It was recommended to approve a contract with BCBS as part of the Eagan Community Center's Fitness on the Road Program and authorize the Mayor to sign the appropriate documents. 0. Partnership. It was recommended to approve a partnership between MICAH, APEX and the City of Eagan to allow Definity members of United Health who join the ECC fitness center to participate in the fitness reimbursement program and direct staff to prepare the appropriate agreements for the Mayor's signature. P. Grant. It was recommended to authorize the transfer of a 2007 Clean Water Legacy Act Surface Water Assessment Grant to the Gun Club Lake Watershed Management Organization for a monitoring project on Holland Lake, Jensen Lake, O'Brien Lake, and McDonough Lake, all within Lebanon Hills Regional Park and the Gun Club Lake Watershed. 1. Rezonin¢. Direct staff to initiate a rezoning of the property legally described as part of Lot 3, Auditor's Subdivision No. 38, located at 3401 Highway 55 in the NE '/4 of Section 12. This item was pulled from the Consent Agenda at the request of Vern Shaft, 520 Chapel Lane, adjoining property owner. City Administrator Hedges discussed the proposed rezoning and noted that the action tonight would only be to initiate the process for rezoning which would include review by the Advisory Planning Commission. Mr. Shaft discussed his concerns and stated he would also addresse the matter at the Advisory Planning Commission public hearing. Staff indicated they would meet with Mr. Shaft prior to the public hearing. Councilmember Fields moved, Councilmember Tilley seconded a motion to direct staff to initiate a rezoning of the property legally described as part of Lot 3, Auditor's Subdivision No. 38, located at 3401 Highway 55 in the NE '/4 of Section 12. Aye: 5 Nay: 0 PUBLIC HEARINGS PROJECT 950, OPPERMAN DRIVE & TH 149 INTERSECTION RECONFIGURATION City Administrator Hedges introduced this item regarding the intersection reconfiguration at Opperman Drive and TH 149. City Engineer Matthys gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve Project 950 (Opperman Drive & TH 149-Intersection Reconfiguration and Access Improvements) with the following options: 1. Receive a wavier of special assessment appeal from Thomson Legal and Regulatory and authorize the preparation of detailed final plans and specifications. 2. Contingent on award of contract for Project 778. Aye: 5 Nay: 0 2007 ORGANIZATIONAL BUSINESS City Administrator Hedges explained that organizational business is considered at the second regular City Council meeting in January. The following items were acted on: 5 Eagan City Council Meeting Minutes DRAFT January 16, 2007 Page 3 ACTING MAYOR Mayor Maguire moved to appoint Councilmember Tilley as Acting Mayor, Councilmember Tilley seconded the motion. Aye: 4 Nay: 0 (Carlson abstained) OFFICIAL LEGAL NEWSPAPER Motion was made by Fields, seconded by Bakken to approve retention of the This Week Newspaper as the City of Eagan's official legal newspaper. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes January 16, 2007 DRAFT Page 4 CITY COUNCIL MEETING DATES Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the modified 2007 Schedule of City Council meetings. Aye: 5 Nay: 0 2007 SCHEDULE OF REGULAR CITY COUNCIL MEETINGS JANUARY 2 MAY 1 SEPTEMBER 4 JANUARY 16 MAY 15 SEPTEMBER 18 FEBRUARY 6 JUNE 5 OCTOBER 2 FEBRUARY 20 JUNE 19 OCTOBER 16 MARCH 6 JULY 10** NOVEMBER 5*** MARCH 20 JULY 17 NOVEMBER 20 APRIL 5* AUGUST 7 DECEMBER 3**** APRIL 17 AUGUST 21 DECEMBER 18 * April 5 due to Passover July 10 due to July 4`h holiday November 5 due to election day December 3 - Truth in Taxation (and Hanukkah) There will be a Listening Session at 6:00 p.m. before each regular Council meeting. 2007 SCHEDULE OF SPECIAL CITY COUNCIL MEETINGS AND WORKSHOPS JANUARY 9 MAY 8 SEPTEMBER 11 JANUARY 23 (tentative) MAY 22 (tentative) SEPTEMBER 25 (tentative) FEBRUARY 13 JUNE 12 OCTOBER 9 FEBRUARY 27 (tentative) JUNE 26 (tentative) OCTOBER 23 (tentative) MARCH 13 NOVEMBER 13 MARCH 27 (tentative) JULY 24 (tentative) NOVEMBER 27 (tentative) APRIL 10 AUGUST 14 DECEMBER 10* APRIL 24 (tentative) AUGUST 28 (tentative) " December 10 due to Truth in Taxation Eagan City Council Meeting Minutes January 16, 2007 DR Page 5 A 7 CITY COUNCIL MEETING PROCEDURES Councilmember Fields moved, Councilmember Tilley seconded a motion to acknowledge Robert's Rules of Order as the means to conduct official business at all Regular City Council meetings, and approve the guideline/handout for public participation in Council meetings. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to ratify the practice that at least two members of the City Council must make the request of the City Administrator to place an item on an upcoming City Council agenda. Aye: 5 Nay: 0 COUNCIL STANDING COMMITTEE AND REPRESENTATIVE APPOINTMENTS Councilmember Tilley moved, Councilmember Fields seconded a motion to ratify the appointed members of Council standing committees, intergovernmental committees and other committees as listed. Aye: 5 Nay: 0 Standing Committees: Finance Committee: Councilmember Carlson and Mayor Maguire Public Works Committee: Councilmember Fields and Councilmember Bakken Personnel Committee: Mayor Maguire and Councilmember Carlson Communications Committee : Councilmember Tilley and Councilmember Carlson School District # 191: Councilmember Fields and Councilmember Tilley School District #196: Councilmember Fields and Councilmember Tilley School District 4197: Councilmember Fields and Councilmember Tilley Advisory Commission Liaisons: Advisory Parks and Recreation Commission: - Councilmember Carlson Advisory Planning Commission - Councilmember Bakken Airport Relations Committee - Councilmember Fields Burnsville Eagan Telecommunications Commission - Councilmember Tilley Intergovernmental Committee Appointments: Minnesota Valley Transit Authority Board - Councilmember Tilley Municipal Legislative Commission Board - Mayor Maguire Cedar Corridor Committee - Mayor Maguire (City Administrator as alternate) Monthly Mayor/Manager Breakfasts - Mayor Maguire Dakota County Communication Board - Mayor Maguire (Councilmember Fields as alternate) MSP Noise Oversight Committee - Councilmember Fields (Assistant to City Administrator Miller and Community Director Hohenstein as alternates) Eagan Convention and Visitors Bureau - Peggy Carlson Other Committees: Testimony at Legislature - all as needed AMM Board of Directors - Mayor Maguire Caponi Art Park Board - Mayor Maguire Breakfast with Mayor / Chamber of Commerce - Mayor Maguire ELECTED OFFICIALS OUT-OF-STATE TRAVEL POLICY Councilmember Fields moved, Councilmember Carlson seconded a motion to continue consideration of the Elected Officials Out-of-State Travel Policy to the February 6 Council retreat. Aye: 5 Nay: 0 0 Eagan City Council Meeting Minutes January 16, 2007 Page 6 OLD BUSINESS 1 f CONDITIONAL USE PERMIT - RICHARD SKINN City Administrator Hedges discussed this item regarding a conditional use permit for outdoor storage, and a variance of a 40 foot rear yard and 94 foot side yard setback requirement for property located at 4890 Biscayne Avenue. This item was originally reviewed by Council on December 19, 2006 where it was recommended that the applicant apply for an interim use permit. The applicant has requested that the City Council re-evaluate the Conditional Use Permit and Variance application. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit for outdoor storage for property located at 4890 Biscayne Avenue, subject to the following conditions: Aye: 5 Nay: 0 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. A six-foot tall wooden privacy fence along the east and south perimeter of the property shall be installed no later than July 1, 2007. 3. The applicant shall provide a complete list (indicating quantities) of all items to be stored on site per the site plan dated October 18, 2006. 4. The outdoor storage of bumpers and related materials to the businesses must be located within the approved outdoor storage areas. 5. A trash enclosure must be constructed, per City Code requirements, no later than July 1, 2007. 6. All parking and storage areas shall be property maintained to prevent deterioration. 7. Outdoor operations shall be limited to between the hours of 8 a.m. and 10 p.m. 8. The existing lot and the vacated right-of-way shall be replatted into a single parcel. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Variance of a 40 foot rear yard and 94 foot side yard setback requirement, for outdoor storage on property located at 4890 Biscayne Avenue in the SE '/4 of Section 36, 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 required 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 height of the outdoor storage shall be screened via landscaping or the privacy fence on the property. YANKEE DOODLE ROAD CORRIDOR/ ACCESS MANAGEMENT STUDY PREFERRED ALTERNATIVES City Administrator Hedges introduced this item regarding the Yankee Doodle Road Corridor / Access Management Study alternatives. It was noted that on December 19, the City Council received comments about the study analysis from various business and property representatives after a presentation of a summary of the study and the resulting preferred alternatives. Consideration of the project was continued to this meeting to allow staff time to meet with Blue Cross Blue Shield and Faithful Shepherd Catholic School. Public Works Director Colbert provided an update on the study and the meetings held with property owners and noted that the Project Management Team will need additional time to analyze the refined considerations requested and continue discussions with property owners. Representatives of the Promenade, Gopher Resources, Culvers Restaurant, Checker Autoparts Store and Valvoline expressed their concerns and opinions regarding the preferred alternatives. Councilmember Bakken moved, Councilmember Fields seconded a motion to continue consideration of the preferred alternatives for each of the three segments for inclusion in the final draft of the Yankee Doodle Road (CSAH 28) Corridor and Access Management Study to the March 6, 2007, regular Council meeting. Aye: 5 Nay:0 Eagan City Council Meeting Minutes January 16, 2007 R A [ T Page 7 / HAWTHORNE RIDGE - EXCEL DEVELOPMENT, LLC City Administrator Hedges introduced this item regarding the modification to the covenant restrictions for Excel Development's Hawthorne Ridge strip retail center located at 525 Diffley Road. He noted that the City Council heard testimony and discussed altering covenant restrictions to allow a coffee house/sandwich shop on the subject property at their January 9, 2007 workshop meeting. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a modification, as drafted by the City Attorney, to the covenant restrictions for Excel Development's Hawthorne Ridge strip retail center located at 525 Diffley Road. Aye: 5 Nay: 0 NEW BUSINESS INTERIM ORDINANCE - MORATORIUM ON ELECTRONIC SIGNAGE DISPLAYS City Administrator Hedges discussed the need for a study of electronic signage displays. Councilmember Fields moved, Councilmember Bakken seconded a motion to direct staff to conduct a study of electronic signage displays to be completed by June 19, 2007. The study may be performed through the League of Minnesota Cities, if the LMC undertakes a joint study. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an interim ordinance to establish a moratorium to perform a study of intemally lighted signs within the City of Eagan. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE The regular Council meeting was recessed at 8:25 p.m. to immediately convene a meeting of the Economic Development Authority. Aye: 5 Nay: 0 The regular City Council meeting was reconvened at 8:45 p.m. ADMINISTRATIVE AGENDA There were no Administrative Agenda items. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Bakken moved, Councilmember Fields seconded a motion to adjourn the meeting at 8:45 p.m. Date Administrative Secretary / Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, JANUARY 9, 2007 5:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Council members present: Mayor Maguire, Councilmembers: Carlson, Fields, and Tilley. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Director of Community Development Hohenstein, City Planner Ridley, Director of Communications Garrison and Fire Chief Scott. 1. ROLL CALL AND AGENDA ADOPTION City Administrator Hedges requested that the Council consider discussing LED billboard signs under Other Business; the Council concurred. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda. Aye: 5, Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. CONSIDER PETITION TO AMEND THE HAWTHORNE RIDGE COVENANT RESTRICTIONS TO ALLOW FOR A COFFEE SHOP City Administrator Hedges introduced the item noting that the City sold a twelve-acre parcel at 525 Diffley Road in 2003 to Excel Development. Hedges added that the City had placed restrictions and covenants against the property that prohibited certain uses; one of which was restaurants. Hedges noted that Mr. Daniel Schaefer of The Old Lodge Coffee Company submitted a petition to the City with more than 300 signatures in support of his proposed use of the property as a coffee shop. Hedges also noted the letter of opposition received from Cooper's Restaurant. City Planner Ridley provided a staff report. Mr. Daniel Schaefer addressed the City Council and presented an additional 270 signatures of persons in favor of the property being used for a coffee shop. The City Council discussed the proposal and noted why the covenants were implemented previously. Special City Council Minutes January 9, 2007 Page 2 Ruthie Batulis, President of the Northern Dakota County Chamber of Commerce, spoke in favor of the proposed use. Julie Lunde, owner of All About You Salon, also spoke in favor of the proposal. Upon further discussion, the City Council directed the City Attorney to modify the covenants to prohibit Class II restaurants, but allow the proposed coffee shop. The Council also directed that the covenants retain the provision that would allow for public input should the use of the property be proposed to change in the future. City Administrator Hedges noted that the changes to the covenant would be prepared for the January 16, 2007 City Council agenda in order that the Council could ratify the covenant at that time. IV. DISCUSS STATUS OF FIRE DEPARTMENT EQUIPMENT / TELESQUIRT VEHICLE City Administrator Hedges introduced the item noting that the Fire Department operates two ladder fire trucks; one of which has had an extensive and long history of repairs dating back to its inception in the fire service in 1997. Hedges noted that the Fire Department is recommending that a telesquirt truck could be purchased to replace the current, unreliable ladder truck. Fire Chief Scott addressed the City Council, summarizing the options available to the City with regard to selling the current truck and purchasing a new truck. The City Council discussed the salvage value of the current truck as well as the reliability and anticipated length of service of the truck being proposed to be purchased. The Council also discussed the financing options available to the City. The City Council directed that staff proceed in accepting bids for the purchase of the 2006 replacement water truck and bring back recommendations as to how the truck purchase will be funded. V. ECONOMIC DEVELOPMENT AUTHORITY A. Call to Order Mayor Maguire called the EDA meeting to order. B. Adopt Agenda Councilmember Tilley moved, Councilmember Bakken seconded a motion to adopt the agenda. Aye: 4, Nay: 0 (Councilmember Carlson not present for the vote.) l Special City Council Minutes January 9, 2007 Page 3 C. Northeast Eagan Redevelopment District - Concept Plan Presentation by DART/Atlas of Minnesota to Redevelop District Property South of Hwy. 55 City Administrator Hedges introduced the item noting that the City generally does not consider concept plan reviews for ordinary development applications, but it has provided the opportunity for prospective developers in redevelopment districts to present concept plans in order to determine whether the proposed development conforms sufficiently with the City's redevelopment goals for the area to merit additional consideration through the preparation of a predevelopment agreement and formal applications for development and public financing assistance. Community Development Director Hohenstein provided a staff presentation and introduced representatives of DART, Target, and Ehlers and Associates. Director Hohenstein also introduced Dan Oren who presented the plan being proposed by DART/Atlas property. The City Council discussed the presentation, including whether retail would be a good use for the property. The Council also discussed the proposed Target store and its compatibility with other development in the area. Mayor Maguire invited public input on the proposal. A representative of CSM Corporation addressed the Council noting that it was their belief that the property would be used for industrial purposes; however, they are not adverse to the proposed retail use. Mr. Matt Miller addressed the Council, noting that he would be very interested in a retail development at the site. Tom Carrico, representing Target, noted he would be available to answer any questions the Council may have. The City Council discussed the Target proposal, including the demographics that would use the store. Steve Cheney, owner of the McKee Building, addressed the City Council noting that he does not want to see a loss in his investment in the building as a result of any potential condemnation. The City Council discussed the public policy questions before them and noted their openness to considering the rezoning of the property to retail. The Council noted that should the development proceed ahead, it is important that the development conform with design standards. It was also noted that no notice to-date has been provided to residents in the area regarding the proposed development. The EDA stated they would be open to further consideration of a proposal for retail land use and development application in the NE Eagan Redevelopment District, provided that the following considerations were made: 13 Special City Council Minutes January 9, 2007 Page 4 • That a retail project will only be considered if it encompasses the ProStop, McKee/Cheney, Pepsi/Contract Beverages and Budget Host Motel properties, in order for there to be a significant retail presence in addition to the proposed big box retail anchor. • The developer provides information relative to its market analysis to support its conclusions regarding the viability and sustainability of a retail development at this location. • The developer provides analysis of the differential traffic impacts of the proposed development concept and the industrial development of a comparable scale on the property. • The analysis of the project proforma is able to confirm the reasonableness of the financial assumptions, the potential for a financing gap that would justify a but/for finding for public financing assistance and the TIF revenue capacity of the proposed development. • Atlas, as the owner/developer, commits owner equity in the property as a source of funding in the project proforma. • The finish materials used in the proposed project meet or exceed the City's material standards and that it is architectural treatments compliment those in the business park development in the remainder of the TIF district. • That the use of eminent domain for site assembly be considered as a last resort. The City Council also acknowledged that if the retail project is found not to be feasible, financially or otherwise, the City would work with the developer to identify a redevelopment plan that would conform to the current industrial comprehensive guide and zoning designations of the business park guide and zoning classification to encourage uses more consistent with those on the north side of Highway 55. The EDA and City Council directed an item be added to the January 16, 2007 EDA meeting agenda to authorize staff and the City Attorney to negotiate a predevelopment agreement regarding the potential redevelopment of property in the NE Eagan Redevelopment District depicted in the concept plan presented by Atlas of Minnesota. D. Cedar Grove Redevelopment District / Consider Next Steps for Redevelopment of Cedar Grove Core Area City Administrator Hedges introduced the item noting that with the termination of the Cedar Grove Redevelopment District Agreement between the City and Schaefer Richardson, staff requests direction with respect to the steps to be taken to select a new development partner for the core area of the Cedar Grove Redevelopment District. Director of Community Development Hohenstein provided additional background on the item, noting that the City's redevelopment consultant and staff have completed a draft of the proposed RFP for consideration by the EDA. At the request of staff, the EDA discussed the City's role in site assembly, implementation of divisions of the Cedar Grove area, and additional RFP elements they would like to see included in the proposal. There was consensus that the City should continue to take the lead role in property acquisition and site assembly. There was EDA consensus to maintain the historic planning and visioning efforts that were undertaken for the Cedar Grove area, I Special City Council Minutes January 9, 2007 Page 5 including the Cedar/13 Study and Village Plaza concept. The EDA also encouraged prospective developers to suggest implementation strategies that reflect the vision and goals in a form that can be implemented within the current and foreseeable market. In particular, a question was raised regarding the marketability, of condominiums in the Cedar Grove area. The Council also discussed additional RFP elements, including a strategy to implement high speed broadband through a fiber to the premises approach, as well as a clear definition of parks and public space as part of the concept plan, including four season features and water features. It was also noted that the draft RFP requests, but does not require, the developer to consider use of green building/sustainable development practices, as well as a provision for performing or visual art space within the development. The EDA voiced their consensus that a performing/visual arts space not be included in the Cedar Grove RFP at this time. The EDA discussed the proposed project schedule as well as the funding for the improvements and acquisition. The EDA provided direction that an item be included on the January 16, 2007 EDA agenda to consider the approval of the updated request for proposals for the Cedar Grove Redevelopment District Master Developer and authorize its distribution. The EDA reconvened as the City Council. IV. OTHER BUSINESS City Administrator Hedges inquired of the City Council whether they would be willing to discuss a moratorium on LED signage. The City Council provided direction to place the LED signage moratorium on an upcoming City Council agenda. VII. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn at 8:03 p.m. Aye: 5, Nay: 0 B. PERSONNEL ITEMS Item 1. Part-Time Clerical Tech III/Community Development ACTION TO BE CONSIDERED: To approve the hiring of Stephanie Schanus as a part-time Clerical Tech III in Community Development. Item 2. Approve the transfer of 50% of the sick balance of the City's former Dispatch Supervisor, to the Dakota Communications Center. ACTION TO BE CONSIDERED: To approve the transfer of 50% of the balance of sick time to the DCC, for the former Dispatch Supervisor. FACTS: • The current City Personnel Policy states an employee must have 5 years of service in order to receive a severance plan of 50% of accrued sick time. • The City Council ratified a Memo of Agreement (MOA) on November 20, 2006 to allow all Dispatchers to transfer 50% of their sick balance to the DCC, along with their accrued vacation. • Staff is recommending that an exception be made to the City's Personnel Policy and the terms of the Dispatcher MOA be applied to the dispatch supervisor position for the sick leave balance. • The vacation accrual has been paid in cash. ATTACHMENT: • n/a 1~ Agenda Information Memo February 6, 2007 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated January 18, 2007, January 25, 2007 and February 1, 2007 as presented. ATTACHMENTS: • Check registers dated January 18, 2007, January 25, 2007 and February 1, 2007 are enclosed without page number. l Agenda Information Memo February 6, 2007 Eagan City Council Meeting D. Approve Resolution to Refmance the 1997 City of Eagan (Master Mechanical) Industrial Development Revenue Bonds. ACTIONS TO BE CONSIDERED: • To approve a resolution to refinance the 1997 City of Eagan (Master Mechanical) Industrial Development Revenue Bonds. • To approve a reduction in the initial escrow deposit for City out-of-pocket costs from $10,000 to $3,000. FACTS: • Master Mechanical has contacted the City to request refinancing of the tax-exempt industrial revenue bonds issued in 1997. Because neither the term is extended nor the amount increased, a public hearing is not necessary. • Although the bonds are issued in the City's name, the City bears no obligation in such conduit debt issues. The sole responsibility for repayment rests with Master Mechanical. • The amount to be financed is $675,000. The original bonds of $1,000,000 were issued in 1997; $325,000 in principal has been paid down since then. • Because of the relatively small size of the issue, the City's ability to obtain favorable interest rates under the "bank qualified" rules for other debt the City may issue in 2007 is not compromised by this refinancing. • The City's bond counsel, Steve Rosholt, Faegre & Benson, will review the required documents on behalf of the City. Bond counsel's fees and any other out-of-pocket costs will be paid by Master Mechanical. • Master Mechanical has asked the City to consider a reduced escrow instead of the $10,000 figure in the Fee Schedule. Because Master Mechanical's bond counsel, with Mr. Rosholt's blessing, will prepare the documents, Mr. Rosholt's billable hours for review on this project will be significantly reduced. Mr. Rosholt has spoken with Master Mechanical's bond counsel, and has confirmed to City staff the cost estimates of $1,500-2,000 outlined in Master Mechanical's letter. Staff recommends an initial escrow of $3,000 in this case. ATTACHMENTS: • Page 1 1 is a letter from Master Mechanical President Gordon Peters requesting the refinancing. • Pages W through 31 is a copy of the resolution authorizing issuance and sale of the bonds. b~ MASTER MECHANICAL, INC. STIFEL NICOLAUS DESIGN-BUILD, MECHANICAL CONTRACTOR STIEEL. NICOLAUS 1027 GEMINI RD. EAGAN, MN 55121 & COMPANY. INCORPORATED ? (651) 905-1600 FAX: 905-1601 SUIT WAY"ZATA BOULEVARD SUITE 19Q SANDRA STEWART. ARMS' MINNEAPOLIS. NAN 5;410 ['ice PresidenrInvewmenrs DIRECT: (7(j3) 542-3723 FAx:(763)542-3725 1ULL FREE X300, 441-617S SSTEWART(_ 5TIFL _._01,1 y MEMBER S I P C AND NYSF I January 18, 2007 City of Eagan Attn: Tom Pepper Chief Financial Officer 3830 Pilot Knob Rd. Eagan, MN 55122 Re: City of Eagan, Minnesota Industrial Development Revenue Bonds (Master Mechanical, Inc. Project) Series 1997 Dear Tom, In connection with the above referenced Bond issue, I would like to request the ability to refinance this issue on a tax-exempt basis on or before April 1, 2007, which is the earliest date the Bonds may be prepaid. As per your request, I have enclosed a check made payable to City of Eagan for the non- refundable refinancing fee for $1,000.00. In addition, I would like you to consider a reduced escrow amount instead of the standard $10,000. Steve Rosholt, the city's Bond Counsel, has agreed to review the bond documents and provide an opinion for between $1,500 and $2,000. He was fine with us using Trudy Halla at Briggs and Morgan to prepare the documents. Payment for Briggs and Morgan and other closing costs will be paid with proceeds from bond at closing. If you have any further questions or concerns, please contact placement agent Gary Nystedt or Sandra Stewart at Stifel Nicolaus, 763-542-3723. Sincerely, c Gordon L. Peters J Master Mechanical, Inc. President I~ AUTHORIZING THE ISSUANCE AND SALE OF THE $675,000 INDUSTRIAL DEVELOPMENT REVENUE REFUNDING NOTE OF 2007 (MASTER MECHANICAL, INC. PROJECT) RESOLVED by the City Council of the City of Eagan, Minnesota: Section 1. Findings. The City Council has heretofore determined, and does hereby determine, as follows: 1.1. on April 29, 1997 the City issued its $1,000,000 Industrial Development Revenue Bonds (Master Mechanical, Inc. Project), Series 1997 (the "Prior Bonds") for the benefit of PNP, L.L.P., a Minnesota limited liability partnership (the "Borrower") to refinance obligations issued for the acquisition, construction and equipping of an approximately 29,000 square foot manufacturing facility located at 1027 Gemini Road, Eagan (the "Project"); 1.2. the City is authorized by Minnesota Statutes, Chapter 469.152-1651, as amended (the "Act"), to redeem and refund the outstanding principal balance of the Prior Bonds for the public purposes expressed in the Act; 1.3. it is desirable, feasible and consistent with the objects and purposes of the Act to issue the Industrial Development Revenue Refunding Note of 2007 (Master Mechanical, Inc. Project) in the form of a single Note totaling $675,000 (the "Note") to redeem and refund the outstanding principal balance of the Prior Bonds and refinance the Project; and 1.4. the Note and the interest accruing thereon do not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation and do not constitute or give rise to a pecuniary liability or a charge against the general credit or taxing powers of the City and neither the full faith and credit nor the taxing powers of the City is pledged for the payment of the Note or interest thereon. Section 2. The Note. 2.1. Authorized Amount and Form of Note. The Note issued pursuant to this Resolution shall be in substantially the form set forth on Exhibit A hereto, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution, and in accordance with the further provisions hereof, and the total principal amount of the Note that may be outstanding hereunder is expressly limited to $675,000 unless a duplicate Note is issued pursuant to Section 2.7. 2.2. The Note. The Note shall be dated as of the date of delivery, shall be payable at the times and in the manner, shall bear interest at the rate, and shall be subject to such other terms and conditions as are set forth therein. As provided by Minnesota Statutes, Section 469.160, the Note shall contain a recital that it is issued pursuant to the Act and such recital shall be conclusive evidence of its validity and the regularity of its issuance. 19ss9osv2 2-0 2.3. Execution. The Note shall be executed on behalf of the City by the signatures of its Mayor and Clerk and shall be sealed with the seal of the City. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if it had remained in office until delivery. In the event of the absence or disability of the Mayor or Clerk or such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without further act or authorization of the City Council execute and deliver the Note. 2.4. Delivery of the Note. Before delivery of the Note there shall be filed with the purchaser of the Note (except to the extent waived by the purchaser) the following items: (a) an executed copy of each of the following documents: (1) the Loan Agreement between the City and the Borrower (the "Loan Agreement"); (2) the Pledge Agreement between the City and the purchaser (the "Pledge Agreement"); (3) the Mortgage, Security Agreement and Fixture Financing Statement from the Borrower to the purchaser (the "Mortgage"); and (4) the Guaranty from the principals of the Borrower to the purchaser (the "Guaranty"). (b) an opinion of Counsel for the Borrower as prescribed by Bond Counsel; (c) the opinion of Bond Counsel as to the validity and tax exempt status of the Note; and (d) such other documents and opinions as Bond Counsel may reasonably require for purposes of rendering its opinion required in subsection (c) above or that the purchasers may reasonably require for the closing. 2.5. Disposition of Note Proceeds. Upon delivery of the Note, the purchase price paid will be used to redeem and refund the outstanding balance of the Prior Bonds. 2.6. Registration of Transfer. The City will cause to be kept at the office of the Clerk a Note Register in which, subject to such reasonable regulations as it may prescribe, the City shall provide for the registration of transfers of ownership of the Note. The Note shall be initially registered in the name of the original purchasers and shall be transferable upon the Note Register by the holders in person or by an agent duly authorized in writing, upon surrender of a Note together with a written instrument of 1988905v2 2 ^ transfer satisfactory to the Clerk, duly executed by the holder or its duly authorized agent. The following form of assignment shall be sufficient for such purpose. For value received hereby sells, assigns and transfers unto the within Note of the City of Eagan, Minnesota, and does hereby irrevocably constitute and appoint attorney to transfer such Note on the books of such City with full power of substitution in the premises. The undersigned certifies that the transfer be made in accordance with the provisions of Section 2.9 of the Resolution relating to the above Note. Dated: Registered Owner Upon such transfer the Clerk shall note the date of registration and the name and address of the new holder in the Note Register and in the registration blank appearing on the Note. 2.7. Mutilated, Lost or Destroyed Note. In case any Note issued hereunder shall become mutilated or be destroyed or lost, the City shall, if not then prohibited by law, cause to be executed and delivered, a new Note of like outstanding principal amount, number and tenor in exchange and substitution for and upon cancellation of such mutilated Note, or in lieu of and in substitution for such Note destroyed or lost, upon the holder's paying the reasonable expenses and charges of the City in connection therewith, and in the case of a Note destroyed or lost, the filing with the City of evidence satisfactory to the City with indemnity satisfactory to it. If the mutilated, destroyed or lost Note has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Note prior to payment. 2.8. Ownership of Note. The City may deem and treat the person in whose name the Note is last registered in the Note Register and by notation on the Note whether or not such Note shall be overdue, as the absolute owner of such Note for the purpose of receiving payment of or on account of the principal balance, redemption price or interest and for all other purposes whatsoever, and the City shall not be affected by any notice to the contrary. 2.9. Limitation on Note Transfers. The Note has been issued without registration under state or other securities laws, pursuant to an exemption for such issuance; and accordingly the Note may not be assigned or transferred in whole or part, nor may a participation interest in the Note be given pursuant to any participation agreement, except in accordance with an applicable exemption from such registration requirements. 2.10. Issuance of a New Note. Subject to the provisions of Section 2.9, the City shall, at the request and expense of a holder, issue a new note, in aggregate outstanding principal amount equal to that of the Note surrendered, and of like tenor 1988905x2 3 2Z except as to number, principal amount, and the amount of the monthly installments payable thereunder, and registered in the name of the holder or such transferee as may be designated by the holder. Section 3. General Covenants. 3.1. Payment of Principal and Interest. The City covenants that it will promptly pay or cause to be paid the principal of and interest on the Note at the place, on the dates, solely from the source and in the manner provided herein and in the Note. The principal and interest are payable solely from and secured by revenues and proceeds derived from the Loan Agreement, the Pledge Agreement, the Mortgage and the Guaranty (the "Security Documents"), which revenues and proceeds are hereby specifically pledged to the payment thereof in the manner and to the extent specified in the Note and the Security Documents; and nothing in the Note or in this Resolution shall be considered as assigning, pledging or otherwise encumbering any other funds or assets of the City. 3.2. Performance of and Authority for Covenants. The City covenants that it will faithfully perform at all times any and all covenants, undertakings, stipulations and provisions contained in this Resolution, in the Note and in all proceedings of the City Council pertaining thereto; that it is duly authorized under the Constitution and laws of the State of Minnesota including particularly and without limitation the Act, to issue the Note, pledge the revenues and assign the Loan Agreement in the manner and to the extent set forth in this Resolution, the Note, the Loan Agreement and the Pledge Agreement; that all action on its part for the issuance of the Note and for the execution and delivery thereof has been duly and effectively taken; and that the Note in the hands of the holders are and will be valid and enforceable special limited obligations of the City according to the terms thereof. 3.3. Enforcement and Performance of Covenants. The City agrees to enforce all covenants and obligations of the Borrower under the Loan Agreement, upon request of the holders of the Note and being indemnified to the satisfaction of the City for all expenses and claims arising therefrom, and to perform all covenants and other provisions pertaining to the City contained in the Note and the Loan Agreement and subject to Section 3.4. 3.4. Nature of Security. Notwithstanding anything contained in the Note, the Security Documents or any other document referred to in Section 2.4 to the contrary, under the provisions of the Act the Note may not be payable from or be a charge upon any funds of the City other than the revenues and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon, nor shall the Note otherwise contribute or give rise to a pecuniary liability of the City or, to the extent permitted by law, any of the City's officers, employees and agents. No holder of the Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Note or the interest thereon, or to enforce payment thereof against any property of the City other than the revenues pledged under the Pledge Agreement; and the Note shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City; and the 1988905v2 4 T Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; but nothing in the Act impairs the rights of the holders of the Note to enforce the covenants made for the security thereof as provided in this Resolution, the Loan Agreement and the Pledge Agreement, and in the Act, and by authority of the Act the City has made the covenants and agreements herein for the benefit of the purchasers; provided that in any event, the agreement of the City to perform or enforce the covenants and other provisions contained in the Note, the Loan Agreement and the Pledge Agreement shall be subject at all times to the availability of revenues under the Loan Agreement sufficient to pay all costs of such performance or the enforcement thereof, and the City shall not be subject to any personal or pecuniary liability thereon. Section 4. Miscellaneous. 4.1. Severability. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all jurisdictions or in all cases because it conflicts with any provisions of any constitution or statute or rule or public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses or paragraphs in this Resolution contained shall not affect the remaining portions of this Resolution or any part thereof. 4.2. Authentication of Transcript. The officers of the City are directed to furnish to Bond Counsel certified copies of this Resolution and all documents referred to herein, and affidavits or certificates as to all other matters which are reasonably necessary to evidence the validity of the Note. All such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute recitals of the City as to the correctness of all statements contained therein. 4.3. Authorization to Execute Agreements. The forms of the proposed Loan Agreement and the Pledge Agreement are hereby approved in substantially the form heretofore presented to the City Council, together with such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by Bond Counsel prior to the execution of the documents, and the Mayor and the City Clerk are authorized to execute the Loan Agreement and the Pledge Agreement in the name of and on behalf of the City and such other documents as Bond Counsel consider appropriate in connection with the issuance of the Note. In the event of the absence or disability of the Mayor or the City Clerk such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without further act or authorization of the City Council do all things and execute all instruments and documents required to be done or executed by such absent or disabled officers. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. 1988905v2 5 Adopted: February 6, 2007. CITY OF EAGAN By Mayor ATTEST: By Clerk 1988905v2 6 EXHIBIT A UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF EAGAN INDUSTRIAL DEVELOPMENT REVENUE REFUNDING NOTE OF 2007 (MASTER MECHANICAL, INC. PROJECT) No. R-1 $675,000 FOR VALUE RECEIVED the CITY OF EAGAN, Dakota County, Minnesota (the "City") hereby promises to pay Lloyd A. Amundson and Barbara A. Amundson, as trustees under the Lloyd A. Amundson Revocable Trust dated September 1, 2001, jointly with rights of survivorship, their heirs, successors or registered assigns (collectively, the "Lender"), from the source and in the manner hereinafter provided, the principal sum of SIX HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($675,000), or so much thereof as remains unpaid from time to time (the "Principal Balance"), with interest thereon at the rate of five percent (5.00%) per annum or at such higher rate as hereinafter provided in paragraph l(b,) hereof, in any coin or currency which at the time or times of payment is legal tender for the payment of public or private debts in the United States of America, in accordance with the terms hereinafter set forth. 1. (a) Interest shall accrue from and after the date hereof and be payable semiannually on each April 1 and October 1 commencing October 1, 2007. The Principal Balance shall be paid in installments in the principal amounts and on the dates set forth below: Date Amount April 1, 2008 $55,000 April 1, 2009 55,000 April 1, 2010 60,000 April 1, 2011 60,000 April 1, 2012 65,000 April 1, 2013 70,000 April 1, 2014 70,000 April 1, 2015 75,000 April 1, 2016 80,000 April 1, 2017 85,000 On April 1, 2017 (the "Final Maturity Date") any remaining Principal Balance and accrued interest shall be fully due and payable. (b) If the interest on this Note should become subject to federal income taxation pursuant to a "Determination of Taxability" as that term is defined in Section 4.07 of the Loan Agreement of even date herewith between the City and PNP, 1988905x2 A-1 2.(a L.L.P., a Minnesota limited liability partnership (the "Borrower") (the "Loan Agreement"), and the Lender delivers to the Borrower a copy of the notice of the "Determination of Taxability", the interest rate shall be immediately adjusted to be equal to four percent (4%) in excess of the "Prime Rate" as hereafter defined and each monthly installment thereafter payable shall be accordingly adjusted. In addition the Lender shall be entitled to receive upon demand an amount equal to the aggregate difference between (i) the monthly payments theretofore made to the Lender on this Note between the "Date of Taxability", as that term is defined in Section 4.07 of the Loan Agreement, and the date of receipt by the Borrower of notice of such "Determination of Taxability", and (ii) the semi-annual payments which would have been made during such period if the adjusted rate had been in effect throughout such period. For purposes hereof, the term "Prime Rate" means that rate of interest publicly announced from time to time in the Money Rates Column of the Money & Investing Section of the Wall Street Journal as the "Prime Rate," as the same may change from time to time; provided, however, that in the event that the Wall Street Journal fails to publish a Prime Rate, the Prime Rate shall be the Prime Rate of interest announced by U.S. Bank National Association as its Prime Rate as the same may change from time to time. 2. In any event, the payments hereunder shall be sufficient to pay all principal and interest due, as such principal and interest becomes due, and to pay any premium or service charge, at maturity, upon redemption, or otherwise. Interest shall be computed on the basis of the actual number of days elapsed in a 360 day year. 3. Principal and interest and premium or service charge due hereunder shall be payable at or at such other place as the Lender may designate in writing. 4. This Note is issued by the City to provide funds to refinance a project, as defined in Section 469.153, Minnesota Statutes located at 1027 Gemini Road in Eagan, Minnesota pursuant to the Loan Agreement and this Note is further issued pursuant to and in full compliance with the Constitution and laws of the State of Minnesota, particularly Chapter 469.152 through 1651, Minnesota Statutes, and pursuant to a resolution of the City Council duly adopted on February 6, 2007 (the "Resolution"). 5. This Note is secured by a Pledge Agreement of even date herewith by the City to the Lender (the "Pledge Agreement"), a Mortgage, Security Agreement and Fixture Financing Statement of even date herewith from the Borrower to the Lender (the "Mortgage") and a Guaranty of even date herewith from Gordon L. Peters, Steven C. Nelson and Thomas A. Palermo in favor of the Lender. The proceeds of the Note shall be disbursed by the Lender to U.S. Bank National Association on the date of closing to redeem the outstanding principal balance of the Prior Bonds (as defined in the Loan Agreement). 6. The City, for itself, its successors and assigns, hereby waives demand, presentment, protest and notice of dishonor; and to the extent permitted by law, the Lender may extend interest and/or principal of or any service charge or premium due on this Note, including the Final Maturity Date, or release any part or parts of the property and interest subject to any security document from the same, all without notice to or consent of any party liable hereon or 1988905v2 A-2 Z~ thereon and without releasing any such party from such liability and whether or not as a result thereof the interest on the Note is no longer exempt from the Federal income tax. 7. This Note may be prepaid in whole or in part at any time. Each prepayment, whether voluntary or by reason of acceleration, shall be accompanied by a prepayment fee equal to the following amounts: (a) 3% of the principal amount prepaid on all prepayments occurring on or prior to the first anniversary date of this Note; (b) 2% of the principal amount prepaid on all prepayments occurring after the first anniversary date of this Note but on or prior to the second anniversary date of this Note; and (c) 1% of the principal amount prepaid on all prepayments occurring after the second anniversary date of this Note but on or prior to the third anniversary date of this Note; and thereafter without fee. 8. As provided in the Resolution and subject to certain limitations set forth therein, this Note is only transferable upon the books of the City at the office of the Clerk, by the Lender in person or by his agent duly authorized in writing, at the Lender's expense, upon surrender hereof together with a written instrument of transfer satisfactory to the Clerk, duly executed by the Lender or his duly authorized agent. Upon such transfer the Clerk will note the date of registration and the name and address of the new registered Lender in the registration blank appearing below. The City may deem and treat the person in whose name the Note is last registered upon the books of the City with such registration noted on the Note, as the absolute owner hereof, whether or not overdue, for the purpose of receiving payment of or on the account, of the Principal Balance, redemption price or interest and for all other purposes, and all such payments so made to the Lender or upon his order shall be valid and effective to satisfy and discharge the liability upon the Note to the extent of the sum or sums so paid, and the City shall not be affected by any notice to the contrary. 9. All of the agreements, conditions, covenants, provisions and stipulations contained in the Resolution, the Mortgage, the Guaranty, the Loan Agreement and the Pledge Agreement are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein. 10. This Note and interest thereon are payable solely from the revenues and proceeds derived from the Loan Agreement, the Mortgage, the Guaranty and the Pledge Agreement, and do not constitute a debt of the City within the meaning of any constitutional or statutory limitation, are not payable from or a charge upon any funds other than the revenues and proceeds pledged to the payment thereof, and do not give rise to a pecuniary liability of the City or, to the extent permitted by law, of any of its officers, agents or employees, and no holder of this Note shall ever have the right to compel any exercise of the taxing power of the City to pay this Note or the interest thereon, or to enforce payment thereof against any property of the City, and this Note does not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, and the agreement of the City to perform or cause the performance of the covenants and 1988905v2 A-3 ZO other provisions herein referred to shall be subject at all times to the availability of revenues or other finds furnished for such purpose in accordance with the Loan Agreement, sufficient to pay all costs of such performance or the enforcement thereof. 11. It is agreed that time is of the essence of this Note. If an Event of Default (as that term is defined in the Mortgage or the Loan Agreement) shall occur, then the Lender shall have the right and option to declare, upon ten (10) days written notice, the Principal Balance and accrued interest thereon, immediately due and payable, whereupon the same, plus any premiums or service charges, shall be due and payable, but solely from sums made available under the Loan Agreement, the Mortgage, the Guaranty and the Pledge Agreement. Failure to exercise such option at any time shall not constitute a waiver of the right to exercise the same at any subsequent time. 12. The remedies of the Lender, as provided herein and in the Mortgage, the Guaranty, the Loan Agreement and the Pledge Agreement are not exclusive and shall be cumulative and concurrent and may be pursued singly, successively or together, at the sole discretion of the Lender, and may be exercised as often as occasion therefor shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. 13. The Lender shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Lender and, then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. 14. This Note has been issued without registration under state or federal or other securities laws, pursuant to an exemption for such issuance; and accordingly the Note may not be assigned or transferred in whole or part, nor may a participation interest in the Note be given pursuant to any participation agreement, except in accordance with an applicable exemption from such registration requirements. IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts and things required to exist, happen and be performed precedent to or in the issuance of this Note do exist, have happened and have been performed in regular and due form as required by law. [Remainder of page intentionally left blank; signature page follows.] 1988905v2 A-4 Z-~ IN WITNESS WHEREOF, the City has caused this Note to be duly executed in its name by the manual signatures of the Mayor and Clerk and has caused the corporate seal to be affixed hereto, and has caused this Note to be dated March 2007. CITY OF EAGAN, MINNESOTA Its Mayor Its Clerk 1988905v2 A-5 3D PROVISIONS AS TO REGISTRATION The ownership of the unpaid Principal Balance of this Note and the interest accruing thereon is registered on the books of the City of Eagan, Minnesota in the name of the holder last noted below. Date of Name and Address Signature of Registration Registered Owner Clerk March 2007 Lloyd A. Amundson and Barbara A. Amundson, as trustees under the Lloyd A. Amundson Revocable Trust dated September 20, 2001 P.O. Box 1270 Sioux Falls, SD 57101-1270 1988905v2 A-6 Consent Agenda Information Memo February 6, 2007, Eagan City Council Meeting E. Agreement with Dakota County for Public Health Emergency Preparedness Grant ACTION TO BE CONSIDERED: Approve agreement with Dakota County for Public Health Emergency Preparedness Grant FACTS: • The Dakota County Department of Public Health, in conjunction with the Office of Homeland Security, recently awarded the City of Eagan a grant in the amount of $12,000. • This grant is for reimbursement for materials and expenses related to planning and education on pandemic preparedness. No equipment purchases may be made with these funds. The grant will also be used for the following: • Development of a city plan in the event there is a pandemic outbreak. • Train city personnel so that they understand their role and that of other responding entities and jurisdictions in a possible pandemic. • Develop a newsletter for distribution to citizens to assist in their planning and preparedness. • Work with the business community on education of those who work in Eagan. • Add a link on preparedness information for a pandemic to our city website. • Hold community education forums. • Co-host with our schools forums on continuity in the event of a pandemic outbreak. ATTACHMENTS: q A copy of the grant agreement is attached as pages ` 3 through 3 32-- GRANT AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND CITY OF EAGAN FOR PUBLIC HEALTH PREPAREDNESS PLANNING 1. Purpose. The purpose of this Agreement is to enable the City of Eagan to enhance its planning activities regarding the health and other needs of its residents during a community-wide public health i! emergency and to develop or update its continuity of operations plan. 2. Effective Date. The effective date of this Agreement shall be the date that this Agreement has been signed by the City of Eagan and the County of Dakota. 3. Term. The term of this Agreement shall be from the effective date of this Agreement to sixty calendar days following August 15, 2007. 4. Grant Proiect. City of Eagan agrees to perform and complete in a satisfactory and proper manner the grant project(s) specified in Exhibit A, in accordance with the terms and conditions of this Agreement. 5. Maximum Grant Amount. The County of Dakota agrees to make available to the City of Eagan a grant up to $12.000 for the grant project activities. The County of Dakota shall bear no responsibility for cost overruns that may be incurred by the City of Eagan in the performance of the grant funded activities. The County of Dakota shall distribute grant funds as follows: All payments shall be made on a reimbursement basis only. To obtain reimbursement under this Agreement, the City of Eagan must submit a report which includes a description of the activities undertaken pursuant to this Agreement and an itemization for which reimbursement is requested. 6. Authorized Uses. City of Eagan is authorized to use the grant funds awarded under this Agreement only for costs directly incurred for the grant project activities. No other use of the funds is permitted. 7. Use of Contractors. City of Eagan may engage Contractors to perform the grant project activities. However, the City of Eagan retains primary responsibility for performance of the grant project activities and the use of contractors does not relieve the City of Eagan from any of its obligations under this Agreement. If the City of Eagan engages any contractors to perform the grant project activities, the City of Eagan agrees that the contract for such services shall include provisions requiring the contractor to establish and maintain information in accordance with paragraph 8 and to allow audit in accordance with paragraph 9. 8. Accounting and Bookkeeping Reouirements. City of Eagan agrees to establish and maintain accurate and complete records relating to the City of Eagan's performance under this Agreement. the City of Eagan shall establish and maintain all such information in accordance with generally accepted accounting principles and practices and shall retain all grant project information until six years following the term of this Agreement. 9. Audit. The accounts and records of the City of Eagan relating to the grant project activities shall be audited in the same manner as all other accounts and records of the City of Eagan are audited. During the time that the records are being maintained pursuant to Paragraph 8 authorized representatives of the County of Dakota or the State Auditor will have access to all such accounts and records for the purpose of inspection, audit and copying during normal business hours. 10. Final Report. Upon completion of the grant project activities, the City of Eagan must submit a final report describing the activities and expenditures of the grant project and contain a final accounting of grant expenditures. City of Eagan-6821.doc Page 1 k06-274 reimbursement.dot 33 11. Contact Persons; Grant Manager. The authorized contact persons for receipt of notices, reports, 7hvoices and approvals under this agreement are the following: City: County: Lt. Greg Johnson Kathy Wick City of Eagan Dakota County Public Health 3830 Pilot Knob Road 14955 Galaxie Avenue Eagan, MN 55122 Apple Valley, MN 55122 Telephone: 651-675-5804 (952) 891-7149 The County's grant manager for purposes of administration of this Agreement is: Kathy Wick Dakota County Public Health 14955 Galaxie Avenue Apple Valley, MN 55122 (952) 891-7149 12. Amendments. The terms of this Agreement may be changed only by mutual agreement of the parties, which shall be effective only upon the execution of written amendments signed by authorized officers of the parties. 13. Indemnification. Each party to this Agreement shall be liable for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents. Each party hereby agrees to indemnify, hold harmless and defend the other, its officers and employees against liability, loss, costs, damages, expenses, claims or actions, including attorney's fees which the other, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the party, its agents, servants or employees, in the execution, performance, or failure to adequately perform its obligations pursuant to this Agreement. Nothing in this Agreement is intended as a waiver of liability limits or immunities that the parties are entitled to under law. 14. Acknowledgement. City of Eagan shall appropriately acknowledge the grant assistance made by the County of Dakota under this Agreement in any promotional materials, reports and publications relating to the grant project activities. 15. Compliance with Laws. Standards. City of Eagan shall abide by all Federal, State or local laws; statutes, ordinances, rules and regulations pertaining to this Agreement and this Agreement shall be construed in accordance with the substantive and procedural laws of the State of Minnesota. All proceedings related to this Agreement shall be venued in the County of Dakota, State of Minnesota. 16. Nondiscrimination. City of Eagan agrees that, in the hiring of all labor for the performance of any work under this Agreement, it will not, by reason of race, creed, color, sex, national origin, disability, sexual orientation, age, marital status or public assistance status, discriminate against any person who is a citizen of the United States and who qualifies and is available to perform the work to which such employment relates. City of Eagan agrees to comply with all Federal, State, and local non- discrimination laws and ordinances, in particular the applicable provisions of the Civil Rights Act of 1964, as amended. 17. Data Practices. For purposes of this Agreement all data on individuals collected, created, received, maintained or disseminated shall be administered consistent with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and the Minnesota Rules implementing the Act now in force or hereafter adopted as well as Federal laws on data privacy. All subcontracts shall contain the same or similar data practices compliance requirements. 18. Termination. Either party upon thirty days written notice to the other party may terminate this Agreement, with or without cause. Notice of termination shall be made by certified mail or personal City of Eagan-6821.doc Page 2 k06-274 reimbursement. dot 34 delivery to the person signing this Agreement on behalf of the other party. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance of or failure to adequately perform the terms of the Agreement prior to the effective date of termination. 19. Termination by County - Lack of Funding. Notwithstanding any provision of this Agreement to the contrary, the County may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies or other funding source, or if its funding cannot be continued at a level sufficient to allow payment of the amounts due under this Agreement. Written notice of termination sent by the County to Contractor by facsimile is sufficient notice under the terms of this Agreement. The County is not obligated to pay for any services that are provided after written notice of termination for lack of funding. The County will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. 20. Liable for Own Acts. Each party to this Agreement shall be liable for the acts of their own agents, volunteers or employees and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its agents, volunteers, or employees. It is understood and agreed that the provisions of Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability arising from the parties' acts or omissions. Each party warrants that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program and that each has minimum coverage consistent with the liability limits maintained in Minn. Stat. Ch. 466. Approved by Dakota County Board COUNTY OF DAKOTA Resolution No. 06-422, 06-578 By David A. Rooney Approved as to form: Title Community Services Director Date of Signature Karen A. Schaffer 1/10/07 Assistant County Attorney/Date Contract No. 6821 CITY OF EAGAN (1 represent and warrant that I am authorized by law to execute this Contract and legally bind the Contrac or). By Title Date of Signature By Title Date of Signature K/06/k06-274 main reimbursement City of Eagan-6821.doc Page 3 k06-274 reimbursement. dot 3-5 EXHIBIT A FUNDING APPLICATION Applications will be accepted until December 22, 2006. Completed applications must include the funding application, description of proposed projects, and proposed budget. Questions may be directed to Dori Makundi at 952-891-7568 or David Gisch at 651-438-4703 Return your completed application to: Email to: Mail: Dori Makundi FAX: Dakota County Public Health Department 952-891-7565 Dori. Makundiaco.dakota.mn.us 14955 Galaxie Ave. ATTN: Dori Makundi Apple Valley, MN 55124 Name of city applying: EAGAN List community-based organizations you plan to work with (if applicable): Northern Dakota County Chamber of Commerce Eagan Lions Club Eagan Rotary Club ASIS (American Society of Industrial Security) List schools you plan to work with (if applicable): All of the schools in IDS 196 located in Eagan Pilot Knob Elementary Metcalf Middle School Faithful Shepherd Trinity Lone Oak Elementary Living Word Rahn Elementary Contact person from the city for this application: Lt. Greg Johnson Mailing address: 3830 Pilot Knob Rd Eagan, MN 55122 Telephone: 651-675-5804 FAX number: 651-675-5707 Email Address: gjohnson@ci.eagan.mn.us City of Eagan-6821.doc Page 4 k06-274 reimbursement. dot 34tl_~) c` C) O N ^ O G y C ~O ~ n N ~ ~ N = O O -D: E ac) c s0. ° L 0 aUi coo o `N C C U -0 0 C^ 0 co c m 0 L 0 7 i~ 0 L 7 0 c C 0U -C - ca Q) -C a iiUU- m~v 3 o-0 o co mQ in c c o L 2- a o ° v CI- cc 1r Co 0) E ° p)C a 0 0 ai m 0- 0.0 `c O j °.m of w w a`~ia3i;? c C c:. 'm 111 ccoo c 0 omc_ W"c 4-0 u) C' L) (D E 'a 0 0 Lo -Q) r_ 0 cc CD 0 CL 4) Q) 0 0 .0 3' (D CD 3's 0. X .(D tS Z" .(D C Co 0-5 .01 z m 'E mcriC~ U ~ 0 =5 0 CL -nom~m (Q a.C cm CM os o. Cam 3~ h ° o $ -a°, a) E 4) m c a -.L O c m v Cl) 0 m= a>iIL- n cc_ ° CCa aoi C Q pC.C. Co"c OQ,0 cc CD ~mpp mCo.V'cc Sr" Cl) O R E a°Ylr-~o ~ a N 0 c -0 rnv 0 0 U W r N > N ,0. 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CLW m. cu e O E r •G U c0 O 12 p m O CC y C N 0 in m c0 O 1'' N E C m el ~j m n y > C c ' > O n y d C L N m O O J O E m c~ m yL m m E E m o rn n U U.C 4 v 3 '0- Q) mw O m (DI- 00-2 nm 2 Q no 1:4 CL PROPOSED BUDGET Provide an estimated budget and a brief description on how you wiff use the funding. (See p. 3 for information about the items and activities that can be funded.) Budget Form Budget estimate Description $2500 Facilitator and development costs for table top exercise $1500 Add in This Week or Sun Current $4500 City Newsletter insert (25, 000 copies and mailings) $1300 Facilitator and speaker costs for forums $2200 Printing, mailing and material for forums and cable bulletin board message $12, 000 TOTAL NOTE: Applications will be accepted until December 22, 2006. Completed applications must include the funding application, description of proposed projects, and proposed budget. Return your completed application to: Email to: Mail: Dori Makundi FAX: Dakota County Public Health Department 952-891-7565 Dori. Makundi(c co.dakota.mn.us 14955 Galaxie Ave. ATTN: Dori Makundi Apple Valley, MN 55124 City of Eagan-6821.doc Page 7 k06-274 reimbursement. dot Agenda Information Memo February 6, 2007 Eagan City Council Meeting F. PROJECT 778, TH 149 UPGRADE STREET UPGRADE & TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Easement Agreements for Project 778 (TH 149 Upgrade - Street Upgrade and Trail Improvements) with the owner of Parcels No. 10-45900-041-00 and 10-80201-010-01 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan is the lead agency on the upgrade of Trunk Highway (TH) 149 to a four-lane divided highway between TH 55 and Albano Trail in Inver Grove Heights. The proposed project includes an urban curb & gutter section north of Yankee Doodle Road and rural ditch section to the south, a new traffic signal at the intersection of Wescott Road, and a trail along the east side, north of Wescott Road. • The upgrade of TH 149 requires the acquisition of numerous permanent and temporary easements from the adjacent properties. • Appraisals were obtained for all required easements. The property owner agreed with the appraised valuation of the trail, slope, drainage and utility easements for these properties, but asked for addendums to be included with the easement agreements. • The addendums include obligations for the City and its successors and assigns that are consistent with the contract management and operating procedures for such a public improvement and standard property owner rights within the easements. • Provisions of the addendums include: o Use of reasonable precaution to avoid damage to Owner's property and injury to or death of Owner's employees; o Minimization of any disruption to Owner's business operations; o Removal of debris and materials related to construction activity from Owner's property and reasonable restoration of the property to its pre-existing state; o Owner's use of the surface of the Easement for any purpose which does not interfere with City's use of the Easement; o City's compliance with all local, state and federal environmental laws, rules, codes and regulations in connection with its activities. • Agreements between the City of Eagan and the owner of Parcels 10-45900-041-00 (Lot 4, Loren Place) and 10-80201-010-01 (Lot 1, Block 1, UPS 2°d Addition) have been prepared providing for the acquisition of the necessary easements. • Engineering staff and the City Attorney's office have reviewed the agreements and addendums and found them all to be in order for favorable Council action. ISSUES: If the City Council would desire to discuss this item, it would be appropriate to direct any discussion to a Closed Session. qD Agenda Information Memo February 6, 2007 Eagan City Council Meeting G. PROJECT 778, TH 149 UPGRADE STREET UPGRADE & TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 778 (TH 149 Upgrade - Street Upgrade and Trail Improvements) with the owner of the Soo Line Railroad/Canadian Pacific Railway right-of-way and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan is the lead agency on the upgrade of Trunk Highway (TH) 149 to a four- lane divided highway between TH 55 and Albano Trail in Inver Grove Heights. The proposed project includes an urban curb & gutter section north of Yankee Doodle Road and rural ditch section to the south, a new traffic signal at the intersection of Wescott Road, and a trail along the east side, north of Wescott Road. • The upgrade of TH 149 requires the acquisition of numerous permanent and temporary easements from the adjacent properties. • Appraisals were obtained for all required easements. The property owner agreed with the appraised valuation of the slope, drainage and utility easement for this property, but requested the use an amended easement agreement. • The amended agreement includes obligations for the City of Eagan that are consistent with the contract management and operating procedures for such a public improvement and standard property owner rights within the easements. • Provisions of the addendums include: o Construction and maintenance of the Slopes within the Easement, including reasonable repairs, in a manner satisfactory to the CP Railway; o City shall be responsible for determining the location and existence of any pipes, wires, conduits, sewers, piling or other obstructions for the construction of the Slopes (Gopher State One-Call); o City shall give CP Railway at least three (3) days' written notice to allow supervision of any work in connection with the installation, maintenance, repair, changing or renewal of the Slopes in proximity to any railroad track, including all labor costs for flagmen supplied to protect railroad operations; o City shall not cause or allow the CP Railway right-of-way to become a hazardous waste treatment, storage or disposal facility; o City shall not use or authorize the use of any hazardous substance in the Easement; o City's compliance with all local, state and federal environmental laws, rules, codes and regulations in connection with its activities. • An agreement between the City of Eagan and the owner of the Soo Line Railroad/Canadian Pacific Railway right-of-way has been prepared providing for the acquisition of the necessary easement. • Engineering staff and the City Attorney's office have reviewed the agreement and found it to be in order for favorable Council action. ISSUES: If the City Council would desire to discuss this item, it would be appropriate to direct any discussion to a Closed Session. 1 Agenda Information Memo February 6, 2007 Eagan City Council Meeting H. CONTRACT 06-02, CITYWIDE STREET OVERLAYS & IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 06-02 (Citywide - Street Overlays & Improvements) in the amount of $30,894.80 to McNamara Contracting, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 06-02 provided for the installation of sidewalk and traffic calming improvements along Denmark Avenue (Wescott Rd to Crestridge Ln), the bituminous overlay of the streets in the Saddlehorn/ Sunset Additions (City Project 926), Town Centre Drive/ O'Leary Lane/ Golfview Drive (City Project 933), and Alexander Road (City Project 928), and the upgrade of Meadowview Road (also Project 928). • 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. 2 Agenda Information Memo February 6, 2007 Eagan City Council Meeting L CONTRACT 06-03, CITYWIDE STREET OVERLAYS ACTION TO BE CONSIDERED: Approve the final payment for Contract 06-03 (Citywide - Street Overlays) in the amount of $19,632.86 to McNamara Contracting, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 06-03 provided for the bituminous overlay of the streets in the Meadowland/ Sun Cliff Additions (City Project 927), Silver Bell Road (Nicols Road to Kennebec Drive - City Project 930), Art Rahn/ Hillandale Additions (City Project 931) and Slater Road/ Whispering Woods/ Slater Acres area (Project 932). • 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. ~3 Agenda Information Memo February 6, 2007 Eagan City Council Meeting J. CONTRACT 06-09, NICOLS ROAD - SIDEWALK IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 06-09 (Nicols Road - Sidewalk Improvements) in the amount of $106,450.99 to O'Malley Construction, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 06-09 provided for the construction of a concrete sidewalk along the east side of Nicols Road, from Pin Oak Drive to Cliff Road, under City Project 938, and construction of a concrete sidewalk along the north side of Blackhawk Hills Road, from Blackhawk Lake Drive to a point approximately 500 feet west which connects the existing concrete sidewalk to Blackhawk Lake Drive, in accordance with City's 5- Year Capital Improvement Program (2006-2010). • 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. 4q Agenda Information Memo February 6, 2007 Eagan City Council Meeting K. PROJECT 938, NICOLS ROAD - SIDEWALK IMPROVEMENTS FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 938 (Nicols Road- Sidewalk Improvements) and schedule a public hearing to be held on March 6, 2007. FACTS: • Project 938 provided for the construction of concrete sidewalk along the east side of Nicols Road, from Pin Oak Drive to Cliff Road (CSAH 32). One commercial driveway entrance was improved to current City standards as part of the sidewalk improvements. • The City's policy for financing commercial driveway improvements is to levy a special assessment against the property benefiting from the improvements. The sidewalk improvement is not assessable and will be financed from the City's Major Street and Trail Fund. • This project, constructed under City Contract 06-09, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such benefiting properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational meeting will be offered with the lone affected property owner prior to the final assessment hearing to address any concerns. • The final assessment is less than the preliminary assessment contained in the feasibility report presented at the public hearing held on July 18, 2006. 45 Agenda Information Memo February 6, 2007 Eagan City Council Meeting L. LOTS 1 & 2, BLOCK 1, TERRA GLENN 3" ADDITION EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage & utility easements within Lots 1 & 2, Block 1, Terra Glenn 3`d Addition and schedule a public hearing to be held on March 6, 2007. FACTS: • On January 17, 2007, City staff received a petition from Joel Larson, representative of the property owner of Lots 1 & 2, Block 1, Terra Glenn 3`d Addition requesting the vacation of all public drainage & utility easements within these lots, south of Yankee Doodle Road and east of Coachman Road. • Public easements were dedicated as part of the Terra Glenn 3`d Addition plat to cover public water main along the common lot line of Lots 1 & 2. • The purpose of the request is to allow development of the property as a single three- story condominium building, in lieu of previously proposed two townhome buildings, in the area of the proposed easement vacation. The public water main will be removed as it will no longer be necessary with the re-platting of the property as one lot. • The planned development amendment and the replat approval dedicating replacement easements will be considered by the City Council on March 6, 2007. • Notices for a public hearing will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the public hearing. ATTACHMENTS- • Location Map, page • Easement Vacation Exhibit, page. rr LONE OAK ROAD -7/ 1 Q Q O O z Y l(, O Z PROPOSED VACATION a 0 U YANKEE DOODLE ROAD ~ o a a J~ qW Z SILVER BELL RD. tWESCOTT ROAD d a x Y U 5 / DEERWOOD DRIVE Terra Glen 3rd Addition 14 1/25/07 Proposed Easement Vacation Loc tion City of Eagan i YANKEE DOODLE ROAD 3 Q I GOB nn NC; -4 JNE G( tfRRA GLEU 3RD A~)JITION . IL1•"VI f _ 355.03 S89°44'16'E tuF-___.--_ DRAINAGE AND UnUTY EASEM.N1-" I I TD BE VACATES I. I n N i : I. I GLENN e z 1 j -TERRA i IaII oI N z i ZW N` 2 Im z L:ry• ~ I. _ o~z 3 rd x,270 DRAINAGE FfJD . . , _ `-UTILITY Ct:SCAL"NT TD Fir mcATED -._--DRANAGE ANw . . ;JTIUTY LAScYFNI ND I': • N }'35 Cb.. A~ a `4~5►,11 f Gn 169.26 S89°44'16 E JC ' 54 ` D R 245 0 ` 81 st STREET ICP o a -o 020 Easements to be vacated: All drainage & utility easements over Lot 1 & 2, Block 1, Terra Glenn 3rd Addition 4q~ O aQa Terra Glenn 3rd Addition Proposed Easement Vacation ~16 Fnninaarinn f)enartment Agenda Information Memo February 6, 2007, Eagan City Council M. EXTENSION OF PRELIMINARY SUBDIVISION APPROVAL (GUSTAFSON ADDITION) ACTION TO BE CONSIDERED: To approve a one-year extension of the Preliminary Subdivision approval for Gustafson Addition, consisting of two lots on approximately 2.38 acres located south of Red Pine Lane in the SE 1/4 of Section 36. FACTS: • The City Council approved the Preliminary Subdivision on March 6, 2006. • The applicant is requesting a one-year extension of the Preliminary Subdivision approval due to delays resulting from legal issues regarding an old farm road easement on the property, and having to secure a new surveyor. • A letter from the applicant is attached. ATTACHMENTS: Letter from Rick and Kim Gustafson, page City of Eagan 3830 Pilot Knob Road Eagan, MN 55123 RE: Final Subdivision Approval Extension We would like to request a one year extension on our submission for Final Subdivision Approval on GUSTAFSON ADDITION. Much of our delay comes as a result of unexpected legal proceedings that we were forced to take to officially close the farm road easement on our property, and also to a temporary halt in our progress due to the loss of our surveyor. We are back on track with completing the necessary steps with another surveyor and hope to have the legal work completed in the next couple of months. Thank you for your consideration of this matter. Rick & Kim Gustafson 543 Red Pine Lane Eagan, MN 55123 DECEIVED FEB 011.007 Agenda Information Memo February 6, 2007, Eagan City Council Meeting N. EXTENSION TO RECORDING OF CONDITIONAL USE PERMIT - WENSMANN HOMES INC. ACTION TO BE CONSIDERED: To approve a 60-day extension to the recording of a Conditional Use Permit for outdoor storage, for property located at 4870 Biscayne Avenue in the SE'/4 of Section 36. FACTS: ➢ The Conditional Use Permit (CUP) was initially approved by the City Council on December 4, 2006 and the applicant had 60-days to record the CUP. ➢ The applicant has stated that they are in the process of finalizing plans to satisfy the conditions of approval. ➢ A letter from the applicant received January 18, 2007 has been submitted requesting a 60- day extension to the filing of the CUP approval. With the 60-day extension, the expiration date of filing of the CUP will be April 4, 2007. ATTACHMENTS (1): Letter from Wensmann Homes, Inc, page 51 r January 19, 2007 City of Eagan Attn. Ms. Sara Schield 3830 Pilot Knob Road Eagan, MN 55122 Re: CUP Extension Dear Ms. Schield: Wensmann Homes, Inc is requesting a 60-day extension required for the filing of our Conditional Use Permit for the property located at 4870 Biscayne Avenue, Eagan, MN. I have enclosed the $75.00 extension fee with this request. If there are any additional requirements needed to fulfill this extension request, please feel free to contact me at our administrative offices 651-406-4400. Sincerely, Kelly `Murray Assistant Vice President -n' IAN 1 R 2007 `]~ENSMANN c_r_•am RHS Building, 1895 Plaza Drive, Suite 200, Eagan, MN 55122 • Phone: 651.406.4400 • Fax: 651.905.3678 • www.wensmann.com Agenda Information Memo February 6, 2007 Eagan City Council 0. FINAL SUBDIVISION (MADELYN WOODS ADDITION) - VIRIDIAN VENTURES, LLC ACTION TO BE CONSIDERED: To approve a Final Subdivision (Madelyn Woods Addition) to create eight single-family lots upon 6.7 acres located south of Cliff Road and west of Lenore Lane in the NE I/4 of Section 32. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: The Preliminary Subdivision was approved October 17, 2006. ➢ All documents and Agreements have been received and are in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Plat, page 5~ - = E a fig zZ 2Z U - ds = - i YR~ = = Q _ Od_ I" _ = !Ll _ _ _ _ 9 °_8 _ - I h of I•`. Ie _ _ _ a, J mS 7~4v s c I 0 0 ;cl I> O - rtcl Y~`_3 _ crt Os _ I~ _ IS. w~ 5 1! f ol 08 a: as z3 ]a oR c QESS ~.R O ?u <O xo r~OaY z_cn_+ ~ au Eu wV ou o_w odt-I C~ `a ri as V c I °CB~ Oa 9 °u C IR2 JB1.0 l i w ~ - n 1 Z9 Ste„ .r-c .ri.0 e 1 ~ x ~ Rn . N a _o 7.[5.90.OOS - +°q OOZit 3.[5.90.OOS 00'SG \A ~z : ! ao'mi ICq I v I as m-I I E I \ ~Oo g', £i V, I al - - - - - - - - - - - - - - - - 3 saa • Lr- I U ~ ~ I e° 'lea ~ °I - - - tl.i - I I \u f i .1a ~ se cc c v I ! \ rla~o ^ M55.9..00 mm GyZ.'9Z 1 .I BISJ- = II 1' r I N 13.fS.90.075 'nm.ol ~2 \Sf _•t; giZ.r .^,la S6 r2 ..13.iS.90.00= p.,..i 9 t I ~ ~ ly y j, -~J 1 0 ` o _ < ors .c° R !y 1 ! J c _ 777 dR= ° r M - __________-L__?Lci oo I sY 22 - -'u ♦6':~S M,t5,90.00n 1 c. m_ o M m z c c I e ~r a t I I i I Agenda Information Memo February 6, 2007, Eagan City Council Meeting P. APPROVE A RESOLUTION ACCEPTING AN ANONYMOUS DONATION OF A MEDTRONIC LIFEPAK AUTOMATED EXTERNAL DEFIBRILLATOR (AED) ACTION TO BE CONSIDERED: To approve a resolution accepting an anonymous donation of a Medtronic LIFEPAK Automated External Defibrillator (AED). FACTS: ➢ In December of 2006, a Medtronic LIFEPAK Automated External Defibrillator (AED) was anonymously donated to the Eagan Police Department. ➢ In June of 2004, a committee was formed to discuss the deployment of AEDs throughout City buildings. At that time, AEDs were located in several squad cars and fire trucks. In addition, one was located at Cascade Bay. Since that time, an AED has been placed at the Community Center. ➢ The Committee reconvened to determine the best location for the donated AED and also to consider future deployment of additional AEDs at various City buildings. It was decided that the donated unit should be placed in the lobby of the Municipal Center Building. The Chief Building Official is exploring the purchase of a wall mounted case to house the AED which will enable easy access by staff and the public. ➢ The Committee will continue to meet to discuss the implementation of a comprehensive City-wide defibrillator program, which includes the deployment of additional AEDs, staff training, equipment maintenance and associated costs. Council will be apprised of the Committee's progress and recommendations. ATTACHMENTS (1): Resolution accepting donation on page CITY OF EAGAN RESOLUTION RESOLUTION ACCEPTING DONATION OF A MEDTRONIC LIFEPAK AUTOMATED EXTERNAL DEFIBRILLATOR (AED) WHEREAS, more than 200,000 people die every year from sudden cardiac arrest, making it one of the leading causes of death in the United States and research has demonstrated that for every minute that passes without defibrillation, the technique of giving an electrical shock to restore a heart's rhythm, a victim's chances of survival decrease by almost ten percent; and WHEREAS, in December 2006, the City of Eagan received an anonymous donation of a new Medtronic LIFEPAK Automated External Defibrillator (AED); and WHEREAS, the City of Eagan currently has an AED at the Eagan Community Center and Cascade Bay and deployment of additional AEDs to other City buildings would be beneficial, and WHEREAS, a committee has been formed to explore the implementation of a City- wide defibrillator program and has initially determined that the donated AED should be located in the lobby of the Municipal Center Building, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan that the anonymous donation of the Medtronic LIFEPAK Automated External Defibrillator is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks the anonymous donor for the gracious and generous gift. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its City Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, Maria Petersen, City Clerk of the City of Fagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 6th day of February, 2007. Maria Petersen, City Clerk 560 Agenda Information Memo February 6, 2007 Eagan City Council Meeting CONSENT AGENDA: 0. Massage Therapy Establishment License for Allison Webster, Reiuv Skin and Laser Center ACTION TO BE CONSIDERED: Approve Massage Therapy Establishment License for Allison Webster (Rejuv Skin and Laser Center) 1625 Lena Court #300 FACTS: • Allison Webster has applied for a license to manage a massage therapy establishment at 1625 Lena Court #300 • All requirements of the application have been met and fees have been paid • A background check was conducted and deemed clear by the Police Department ATTACHMENTS: None. (The application is available for review in the Administration Department.) Agenda Memo February 6, 2007 City Council Meeting R. APPROVE contract with Dakota County for Sentence to Serve Program ACTION TO BE CONSIDERED Approve the renewal of a one year contract with Dakota County for the provision of Sentence to Service work crews and authorize the Mayor and City Clerk to execute the appropriate documents FACTS • The County will provide a work crew consisting of up to 10 non-risk criminal offenders, who have been assigned community service, and a supervisor, for a minimum of 50 work days. • The City has utilized the services of the County Sentence to Service Program for approximately 16 years. • The County provides supervision, transportation and insurance for all members of the crew and assumes all liabilities. • The City will utilize the crew to complete labor intensive tasks requiring unskilled laborers including park, pond and bridge cleaning, trash removal, painting outdoor rinks, brush removal and routine landscape maintenance. • The total 2007 cost of $20,450 ($409 per crew day) due the County for the provision of services is included in the approved 2007 Parks Division operating budget. ATTACHMENTS None 5~ Agenda Information Memo February 6~h, 2007 Eagan City Council Meeting CONSENT AGENDA: S. Award bid for 75' Fire Ladder Truck ACTION TO BE CONSIDERED: Award bid for construction of a new 75' Fire Ladder Truck to Pierce Manufacturing for a total cost of $527,196.80. (Includes a trade-in value of $100,000 for current truck). FACTS: • At the January 9th, 2007 Special Council Meeting the Fire Department asked for permission to seek bids to replace our 1997- 65' Telequirt Ladder Truck due to maintenance concerns. We estimated the replacement truck would cost up to $600,000. • The Fire Department received bids from two companies for the advertised 75' Fire Ladder Truck specification. • The Fire Department Truck Committee reviewed the bids and is recommending that the bid be awarded to Pierce Manufacturing. The last four fire trucks purchased by the City of Eagan have been Pierce Trucks. • E-One Corporation was the second company to submit a proposal on our truck. They took total exception to our specifications and did not bid the truck as requested. E-One was $11,112 less then Pierce, but left out some major components that are valued more then the price difference, including safety features such as airbags and independent front suspension. • The bid price from Pierce is as follows: 0 75' Ladder Truck $589,190 o Equipment for Truck $38,006.80 o Trade Value for Eagan Fire Department's 1997 Telesquirt 4$100,000) o Total cost for new truck with equipment and less trade in cost is $527,196.80 o Pierce will also deduct $5,900 if the City of Eagan pays for the chassis upon completion of its construction and $3,100 if the City of Eagan pays for the ladder device upon completion its construction, a total of $9000 can be deducted from the overall price if we choose these two options. Total for truck with paying the above options would be $518,196.80. o Pierce will also pay 5% interest on the $100,000 trade value if we give them possession of the truck upon signing the contract for the new truck. The 5% would be paid on the $100,000 through final payment ~59 of the truck. Due to the current unknown reliability of this truck and the high maintenance costs, the fire department is recommending that we trade the truck as soon as possible. • Staff is still working on determining the suggested funding source for this project and will submit for Council approval before payment is requested. ATTACHMENTS: • None ~-0 Agenda Information Memo February 6, 2007 Eagan City Council T. COMPREHENSIVE GUIDE PLAN AMENDMENT - PASTER ENTERPRISES, INC. ACTION TO BE CONSIDERED: To continue this request to the February 20, 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 '/a of Section 9. FACTS: ➢ On June 6, 2006, this item was continued to the February 6, 2007 City Council agenda, however, the applicant now has a conflict with the February 6 Council meeting date. ➢ To enable the applicant to be present to address the Council on this proposal, it is being continued to the February 20, 2007 City Council meeting. ➢ This request was first before the Council on May 17, 2005. Updates and continuances have occurred in six to eight-month increments since then to allow time for the applicant to prepare more detailed development plans and secure anchor tenants as requested by the Council. ➢ The applicant will provide another update to the Council for the February 20, 2007 meeting and will be present at that meeting to address the Council. ATTACHMENTS (2): Location Map, page (02_ Correspondence from Paster Enterprises dated kin , page Z (01 Eagan Boundary Location Map i1 Street Centerline Parcel Area Building Footprint -4 If *0,~, - • o I AN 84•' i w o o R EMS ffe~ EE 63 sma E3 4 Qb w ~A e V, mm . Subject Site p' --fl 6 133 B d p 06 ,p 0 mm03m m~® L W~ •L p• / V I Pur.mtww~o. ae any[ Po°o~.e eon of %M m m . - ~ ~ . der ii `P 0 43 c3 m ea q m Q Fa P 4 a C. r ° 1000 0 1000 2000 Feel Development/Developer: XXXX Yankee Doodle Road Application: Comprehensive Guide Plan Amendment Case No.: 09-CG-02-03-05 Map Prepared using ERSI ArcVIew Parcel base map data provided N by Dakota County Office of of GI S and nd is current as of January 2005. THIS MAP IS INTENDED FOR REFERENCE USE ONLY W B o not guarantee the accuracy of this information and are 2f City ~F CfCiC~Cirl The City of Eagan and Dakota County d 5 Community oevdopment oepart..snt not responsible for errors or omissions. '~Ofi CENTERS LC I7WEZ OI'1'vENT A4D MANAGEMENT OF SHOZ'Z'Zl\GENT 2227 umvexsityAvenue • Sala: 11a11, ms :55114-1677 • 651-646-190' • Fax 651-645-1,389 xv-ww.Pastexente*~xises.ccm CEN`FRA L PLAZA January 31, 2007 C-th do Central Ava. N.E. Minneapolifi, Minnesota Ms. Pamela Dudziak City of Eagan CRYSTAL SHOE WC C! N ITIA 3830 Pilot Knob Road Bass Late Road & tiVest Broadway Eagan, MN 55112-1897 C:rystA.Vkxnesota RE: Perron Property CRYSTAL TOWN CEIiMR Eagan, MN Sass Lake Read &IVest Broadway 4:rystal, Minnesota Dear Ms. Dudziak, I am requesting that our appearance before the city council DLXY0VVAY SHOPPING cFxrER scheduled for February 0, 2007, to discuss our smith & Dodd Road Comprehensive Land Use Guide Plan Amendment be West Saint hu]'Minneauta rescheduled to the--meeting on February 20, 2007. Both Ken Henk and I will be in Chicago on business and cannot re- L.Ar-VILLE CROSSING schedule our trip. • , I&Ith & Cedar Avenue Z -kevi:?e' Minnesota Sincerely, Paster Enterprises, LLC LFXU\Gr0 PLAZA SHOPPES Le sgton & Labpenteur ostsac, Minnesota ' _ Howard Paster N LN'DOTPA PLAZA President State highway 1110 & Dodd Road Mendota Heights, Minnesota CC: E. Paster K. Henk to 0UN'DSV'II W SQVARE I-iighm,ray 10 & Long Lake Road Maunds Vlvw, Minnesota NORTH WAY SHOPPING CENTER State Highway Z3 & Woodland LexingtonlCirc e Fines, Minnesota SIBLE PLAZA Nest 7th Street & Davern Sault hut, :Minnesota SOLITHVIEW SHOPPING CENTER Southview Boulevard & 13th Ave. S. South Saint maul, Minnesota d Member of International Council „ of Shopping Centers Agenda Memo February 6, 2007 City Council Meeting U. APPROVE an Agreement with Tree Trust to become a host site for a Community Support Program ACTION TO BE CONSIDERED Approve an Agreement with Tree Trust to become a host site for a Community Support Program. FACTS • Tree Trust is currently hosting a Community Support Program in Hennepin County that provides opportunities for adults to re-enter the work force. • The program is being expanded into Dakota and Scott counties as early as March and the staff was contacted to see if there might be some opportunities for the City of Eagan to become a host site for this program. • This is an adult based referral program that connects applicants with companies or businesses that can provide on-the-job training or experiences that can be translated into future jobs. • Tree Trust refers applicants to pre-identified host sites who interview for, but are not guaranteed, a work experience. The City of Eagan could select individuals based on available training opportunities or not select them at all. • The City of Eagan's responsibility would be to provide the supervision and training for these individuals who can be scheduled to work up to 22 hours per week. • Tree Trust would pay these individuals during the training and they would come to the job with transportation and/or childcare concerns already addressed. Medical and liability coverage are also provided through the Department of Human Services. • The referral period can be 4 to 12 weeks, or longer depending upon if the applicant is successful in obtaining a full-time job. It can also be terminated at any time. • Areas that have been identified that could easily meet the needs of re-entry employees are customer service at ECC, Civic Arena or Cascade Bay and custodial/maintenance in various areas. • Applicants living in or near Eagan would most likely be the pool from which referrals are made. ATTACHMENTS None Agenda Information Memo February 6, 2007 Eagan City Council VII. NEW BUSINESS A. PLANNED DEVELOPMENT AMENDMENT - BAKER EAGAN STATION ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for Denial) a Planned Development Amendment to add a detached trash enclosure to the existing building at 3450 Pilot Knob Road, legally described as Lot 1, Block 1, MVTA Eagan Station, in the NW 1/4 of Section 15, subject to the conditions in the staff report. REQUIRED VOTE FOR APPROVAL: At least three votes. FACTS: ➢ The site is located on the southeast corner of Pilot Knob and Yankee Doodle Roads. ➢ It is developed with an MVTA park-n-ride ramp, and a multi-tenant retail center. ➢ Baker Eagan Station proposes to construct a new detached trash enclosure behind the existing retail building. ➢ The applicant states the existing attached trash enclosure is too small and presents operational conflicts with the driveway to the MVTA parking ramp. ➢ The proposed detached enclosure will be twice the size of the existing enclosure and constructed of materials to match the retail building. Its location between the retail building and parking ramp provides screening from public rights-of-way. ➢ With the larger size, the new enclosure should be able to fully contain all trash containers. The existing enclosure will continue to be utilized for recyclables and the restaurant grease trap. ➢ The proposed enclosure is more easily accessed by service vehicles, and does not conflict with ingress and egress for the parking ramp. ➢ The Advisory Planning Commission held a public hearing on January 23, 2007, and is recommending approval. ISSUES: None 60 DAY AGENCY ACTION DEADLINE: February 2, 2006 ATTACHMENTS (2): , January 23, 2007 APC Minutes on pages through Staff Report, pages 1& through Advisory Planning Commission Meeting January 23, 2007 Page 1 of 9 MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA January 23, 2007 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, January 23, 2007, at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Hansen, Members Chavez, Keeley, Feller, Jensen, Heaney, Zoberi, and Dugan. Also present were, City Planner Mike Ridley, Planner Sarah Schield, Planner Pam Dudziak, Assistant City Engineer John Gorder, City Attorney Bob Bauer, and Recording Secretary Camille Worley. AGENDA City Planner Ridley indicated that Item D. Clover Hedlund has been tabled. Member Zoberi moved, Member Keeley seconded a motion to adopt the Agenda. A vote was taken. All voted in favor. Motion carried 7-0. December 21, 2006, ADVISORY PLANNING COMMISSION MEETING MINUTES Member Heaney moved, Member Keeley seconded a motion to approve the December 21, 2006, Advisory Planning Commission Meeting minutes. All voted in favor. Motion carried 7-0. III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) There were no visitors who wished to be heard. IV. PUBLIC HEARINGS New Business A. MVTA Eagan Station Applicant Name: Baker Eagan Station Location: 3450 Pilot Knob Road; Lot 1, Block 1, MVTA Eagan Station Application: Planned Development Amendment A Planned Development to allow an enclosed trash enclosure. File Number: 15-PA-17-12-06 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated January 17, 2007. She noted the background and history. Applicant Bill Baker, Endurance Properties stated he concurs with the Staff Report and is available for questions. Chair Hansen opened the public hearing. 1 Advisory Planning Commission Meeting January 23, 2007 Page 2 of 9 There being no public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Member Zoberi moved, Member Jensen seconded a motion to recommend approval of a Planned Development Amendment to construct a new detached trash enclosure at 3450 Pilot Knob Road, legally described as Lot 1, Block 1, MVTA Eagan Station, in the NW '/4 of Section 15 subject to the following conditions: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. 2. The enclosure shall be located and constructed as shown on the Site/Details Plan sheet dated December 2, 2003, received January 12, 2007. A vote was taken. All voted in favor. Motion carried: 7-0. 2 PLANNING REPORT CITY OF EAGAN REPORT DATE: January 17, 2007 CASE: 15-PA-17-12-06 APPLICANT: Baker Eagan Station, LLC HEARING DATE: January 23, 2007 PROPERTY OWNER: MVTA APPLICATION DATE: Dec. 13, 2006 REQUEST: Planned Development Amendment PREPARED BY: Pamela Dudziak LOCATION: 3450 Pilot Knob Road COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to construct a new detached trash enclosure at 3450 Pilot Knob Road, legally described as Lot 1, Block 1, MVTA Eagan Station, in the NW '/a of Section 15. AUTHORITY FOR REVIEW PD Amendment: Chapter 11, Section 11. 50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY The property is an MVTA park-n-ride lot and contains a parking ramp and some retail shops. The retail center was constructed in 2000, along with reconstruction of the transit parking from a surface lot to a structured parking ramp. The property is zoned PD, Planned Development. (a F Planning Report - January 23, 2007 Baker Eagan Station, LLC Page 2 EXISTING CONDITIONS The subject site is currently a single platted parcel. Parking for the retail center is accommodated in the surface lot in front of the building, while transit users park in the ramp behind. Full access to the site is provided from Pilot Knob Road, and a right-in/right-out access is provided to Yankee Doodle Road. An attached trash enclosure is located on the south east corner of the existing retail building. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Bank PD, Planned Development SA, Special Area East I-35E South I-35E West Restaurant (Al Baker's)/ PD, Planned Development SA, Special Area Motor Fuel Station (SA) EVALUATION OF REQUEST Code Requirements - City ordinances require that trash enclosures be attached to the principal building in commercial retail zoning districts. The enclosure must have an impermeable floor surface, be at least 6' and not more than 10' in height, and be constructed of materials to match the principal structure. Gates or doors to the enclosure must be at least 90% opaque, and the enclosure must be large enough to contain all trash and recyclable materials containers. Proposal - The applicant is proposing to construct a detached trash enclosure on the east side of the building, in the area between the retail building and the parking deck. The existing trash enclosure is located on the south side of the building. According to the applicant, this location was determined because of the City's requirement that it be attached to the building and because a change in the parking deck design made an attached enclosure behind the retail building unworkable, requiring garbage trucks to circulate within the deck itself. Constraints on the south side of the building resulted in the enclosure being not able to accommodate more than a 3-yard Dumpster. The applicant indicates that the existing enclosure is too small, and even with daily pick-ups, there are times when the containers are full or trash overflows. Secondly, the current location is at the main entry to the parking ramp. The applicant states this situation presents conflicts between the trash storage and service activities and access to the ramp, creating an inconvenient and somewhat unsightly situation. Planning Report - January 23, 2007 Baker Eagan Station, LLC Page 3 The new trash enclosure is proposed to be detached and located behind the retail building. The new enclosure will be approximately 14' wide x 10' deep, twice the size of the existing enclosure. The enclosure walls are proposed to be constructed of split-face block to match the block used on the retail building and parking ramp. The proposed location between the retail building and the ramp fully screens the trash enclosure from view from the public rights-of-way. With this proposal, trash storage and service activities will be relocated behind the building, provide easier access for garbage trucks and no longer interfere with the main drive. The existing enclosure will continue to be used for storage of recyclable materials and the grease trap for Boston Market. Evaluation - The proposal appears to meet other ordinance requirements except for being detached. The new enclosure will be screened from the public rights-of-way by existing buildings, and meets the design standards set forth in the ordinance. With the larger size, the new enclosure should be able to fully contain all trash containers, leaving the existing enclosure for recyclables and the grease trap. Concentrating service activities behind the building will also be beneficial and minimize conflicts in front of the building and at the main entrance to the ramp. In summary, this proposal addresses operational issues and without detrimental effects. SUMMARY/CONCLUSION The proposed amendment would allow a new detached trash enclosure to be constructed east of the retail building. The existing attached enclosure has proven to be inadequate to serve the needs of the retail building and inconvenient for service vehicles to access. With materials to match the principal building and a location that is screened from views from off the property, the proposed PD Amendment presents a solution to the operational issues that appears to be in keeping with the intent of the zoning ordinance. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to construct a new detached trash enclosure at 3450 Pilot Knob Road, legally described as Lot 1, Block 1, MVTA Eagan Station, in the NW '/4 of Section 15. If approved the following conditions shall apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. 2. The enclosure shall be located and constructed as shown on the Site/Details Plan sheet dated December 2, 2003, received January 12, 2007. '10 Eagan Boundary Right-of-way Location Map DPark Area Park Area - Building Footprint • or, ® ~d f aiiisaft % one ® D ca D o r~~D ~L Subject Site o w4 Mae ~7 ~z~/ aim ® i p t i r a ! 411, de ' ♦ y ' ! ♦ ~ ~R a ~ ~ ~ ~ ■ ~ B*s' r * 3 ■ ■ + t i ~ w •~aa `A ' ~ ~ E a 40 Lei • F s 0,.. ,dl Aar ! wK "ua.a eve a■ A ✓ ■ e 40 Z-Z, Z~ - t K-- P. 1000 0 1000 2000 Feet Development/Developer. MVTA7 Eagan Station Application: Planned Development Amendment Case No.: 15-PA-17-12-06 Map Prepared using ERSI ArcYi" 3.1. Parcel base map data provided N by Dakota County Office of GIS and is current as of April 2005. / City of Eap THIS MAP 15 INTENDED FOR REFERENCE USE ONLY W+fi The City of Eagan and Dakota County do not guarantee the accuracy of this inform on and are S Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Eagan Station (MVTA) PD Amendment Land Use Map 15-PA-17-12-06 Zoning Map , LB PD RD PD P Location RD Current Zoning: COUNTY ROAD NO.26(YANN P R-4 PD PD a PD PD ~ PD Planned Development R3 m i 3 CSC 7P. ®E PD EE11 QP a J LB CS CSC ~ Raq PD R- a C CSC 600 0 60o 1200 F..t ) PD q PD V r. Comprehensive Guide Plan Sp SA Land Use Map SA SA Location sA Li L COUNTY ROAD NO.26 (YANKEE t 7-1 Y SA Current Land Use Designation: S SA I~ D SA SA SA Special Area ffl: N ~©o a SA SA Sp ~ 5 9 H H g~ a 2 SA 600 0 600 1200 het Y Y $A Parcel base map Information proYidedty Dakota County Land 5tavey Department Decmber 2005. N Zoning Information maintained blCily 8laft City of EaEan THIS MAP IS INTENDED FOR REFERENCE USE ONLY 7Z W E The City of Eagan and Dakota County do not guarantee the accuracy of this information. s N YANKEE DOODLE ROAD i \LY L 'Z7 ~ • r O ' z Y v u , xzi j i i I SITE PLAN y3 TM K K ~A yy, L- e><ISnN6 :,aG, f1PD , / b;a v o x RwJea , / / architects / Rt•°rG A'ID ppXt , / / eASreeb col,c.. w.L1: / / AS aanlTev. minneapolis pplm xl .Rama I newport beach Srl AP- Re"It S IVWI' AP4pl T / P~ GAlG ealr • / rJ, / AELa vH.lrr Ga,E or EAST. / ~'*ILCAnON,/ ~ car.nAlc KKE Architects, Inc. / 300 first avenue north e CIA sTL AM minneapolis, mn 55401 i r fie, / • r 1 ALL W GLXG. • t u I r rNXr x, e • srN I phone: 612/ 339-4200 fax: 612/ 342.9267 P r(y I.Nr NteeO 1 RnPQ.ellte I O rAVIIy AS 1.6]a. I 1 17 I e' OUt ST.. MP I ~ A4 EP>G. P- m 3EE VN I I I ~ I f b• b• I I 10 I ~ hP -RA5F1 EN.' 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STEEL APE ALLW oA AN APPR O EQIL L WELDED Top LM ITAIMJ w e4w-jmTE • rA v +n.LO" EAGAN, MN Q ///AIlgep rIPeLL e• O.A TLR SIM nr: e'V GAP LL= TX / ASrX1LT D.. Tm IO ~r`a"%rzP""'" mR PAINT) 111 TRASH ENCLOSURE "r A III II I 1 ulll•1 1 11 ;I'-I=+-n='.t I t PLAN AND DETAILS ~II~TI•~1=1~. ~IF~ - 4 Ali II`I~.. (lall- ~h~~ll II~'a 12-'f a.,EA e' DIA STEA rIPE RECEIVED JAN 1 2 200? I= • f SA Ama TO Pas, e01CAETC "LL TIDIML O.CejcS m D*Mv K.*.1 R .:ra I ARowe Pasr ZI D«..e.. 0- by oaae Al TRASH ENGLO~ RE GATE DETAIL IP! EOLLARD DETAIL a'di°^ fro' . ,'d Sro o»ro. ~ >m a m.4m R DETAILS ENDURANCE PROPERTIES LLC PLANNED DEVELOPMENT AMENDMENT SUBMITTAL RE: Eagan Station, Southeast Corner-Yankee Doodle @ Pilot Knob, Eagan, MN Baker Eagan Station LLC proposes to build a new trash enclosure for the retail portion of Eagan Station PUD. Background: In 1999, the Minnnesota Valley Transit Authority (MVTA) began soliciting proposals for a developer to develop convenience-oriented retail facilities in conjunction with a proposed multi-level transit parking facility to be developed on the property in question at the southeast corner of Yankee Doodle Road and Pilot Knob Road. The theory was that the addition of retail shops on the site would both encourage additional ridership and reduce the number of sidetrips of riders coming to and going from the parking facility. The project appears to have achieved these goals. As the first facility of its kind in the Twin Cities, the project was an experiment on the part of both the MVTA and Baker Partners, the selected retail developer, in integrating retail operations and requirements with the operation of a transit parking deck. Specifically with regard to the trash facilities for the retail stores, initially a large enclosure was proposed to be located behind and immediately adjacent to the building, essentially along the rear wall of what is now the Starbucks space. However, the initial plans for the parking deck changed, in a way that would bring the deck closer to the retail building. This plan for the deck would have made an enclosure behind the retail unworkable because garbage trucks would have to circulate within the deck itself (the turning radii did not allow this, it would have created liability problems and the trucks would not be able to raise the dumpsters to empty them, because of the second level of the deck above. As a result, it was determined that the only place an enclosure could be located, and be attached to the building, as required under City of Eagan Code, was along the south wall of the retail project. The restrictions within this area, however, meant that the enclosure is small and can not hold more than a three yard dumpster. Additionally, to be serviced, a garbage truck must pull into the driveway to the parking deck, stop in the driveway while the dumpster is wheeled out, lifted, emptied and returned to the enclosure. Current Situation: The trash enclosure has not worked well. 1. The enclosure is too small. We are having trash picked up daily, but there are still times when the containers are full and trash overflows. 2. The existing enclosure is located on the south side of the retail building, right at the main entry to the ramp. No matter how diligent we are, at times there is trash around the enclosure, doors to the RECEIVED u 2006 209 Royal Tern Road North, Ponte Vedra, FL 32082 Phone 904.923.1557 Fax 904.280.5917 wuv.enduranceproperties.net Narrative to Accompany Planned Development Amendment Eagan Station Page 2 of 2 enclosure are left open, garbage trucks making pick-ups block the drive aisle, etc. The result is a somewhat unsightly, inconvenient situation. Proposal: After the retail project was built, the design of the parking structure changed once again, by pulling the structure a little further away from the retail building and creating something of a service court behind the retail. We are proposing to build a new trash enclosure at the south end of this "service court." There is room for the new enclosure to be more than twice the size of the existing. By putting the enclosure behind the project and increasing its size, we can greatly reduce the problem of trash being loose. The location behind the building has the added advantage that the building and the parking ramp completely hide the enclosure from view from the roads. Finally, trash pick-up would occur behind the retail building, so that the main drive won't be blocked and the activity will take place out of view. The only property owners that would have any view of the enclosure are ourselves and the MVTA, who supports the proposal. The relocation of the enclosure would not have any negative impacts on the property or any other property in the area. For these reasons, we believe constructing the new enclosure is in everyone's best interest. Unless needed in the future, the existing enclosure would no longer be used for trash. It would only be used for storing recyclable materials and storing and servicing the Boston Market grease trap. (Greasetraps are serviced by 18-wheelers; typically once per week. An 18-wheeler would not be able to get behind the building to the location of the proposed enclosure.) There is a City code requirement that trash enclosures be attached to the building - in fact, that requirement is why the enclosure was built where it is in the first place. In the area behind the retail, however, there isn't a spot to do that where we can get trucks in to service it. We are proposing to locate the trash enclosure as indicated on the accompanying site plan. In this location, it will be screened from view and can be serviced by a truck pulling forward to it. The enclosure would be a high quality enclosure, constructed of split-face block matching the block used in the ramp and the retail building. A plan is enclosed. Baker Eagan Station LLC has worked with the MVTA on this issue and they support this request. In the event the Council approves our request, Baker Eagan Station LLC would solicit bids and commence construction of the new enclosure in the Spring. From start to finish, the work should take no more than 2 months, including bidding. Agenda Information Memo February 6, 2007 Eagan City Council VII. NEW BUSINESS B. INTERIM USE PERMIT - NORTHWOOD EQUITY ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for Denial) an Interim Use Permit to allow outdoor storage of 47 vehicles (buses, vans and bloodmobiles) located at 3265 Northwood Circle, Lot 1, Block 1, Northwood Business Park 2"d Addition in the SE 1/4 of Section 10, subject to the conditions in the staff report. REQUIRED VOTE FOR APPROVAL: At least three votes. FACTS: ➢ The Business Park zoned site is located east of Lexington Avenue and north of the Promenade retail development. ➢ The Business Park zoning District prohibits outdoor storage. ➢ The applicant received an Interim Use Pen-nit (IUP) in May, 2003 for a period of two years for the outdoor storage of vehicles. The 1UP has since expired, hence the application for another IUP. ➢ The applicant proposes to reduce the amount of vehicles to be stored overnight from 106 vehicles which was approved with the prior IUP to 47 vehicles. ➢ The applicant states the outdoor storage of vehicles is necessary for two of their tenant's viability. ➢ The proposed outdoor storage does not meet two of the outdoor storage standards: l.) The storage will not be contained within an enclosure and; 2.) The storage area takes up required parking spaces. ➢ The proposed outdoor storage is screened from the public right-of-way by the existing building as well as a fence on the east side. ➢ The IUP issued in 2003 did not receive any complaints. i The Advisory Planning Commission held a public hearing on January 23, 2007, and is recommending approval. ISSUES: The applicant has asked that the IUP be extended from beyond the initial three year request to coincide with the lease term which will expire on July 31, 2012. Please refer to the attached letter. 60 DAY AGENCY ACTION DEADLINE: February 18, 2007 ATTACHMENTS (3): January 23, 2007 APC Minutes on ages ~l ~ through 1 Staff Report, pages _ through Applicant letter received January 31, 2007 on page Advisory Planning Commission Meeting January 23, 2007 Page 3 of 9 B. Northwood Equity Applicant Name:Northwood Equity, LLC Location: 3265 Northwood Circle; Lot 1, Block 1, Northwood Business Park 3rd Addition Application: Interim Use Permit An Interim Use Permit to allow outdoor storage of vehicles. File Number: 10-IN-04-12-06 Planner Schield introduced this item and highlighted the information presented in the City Staff report dated January 18, 2007. She noted the background and history. Owner James Ostenson provided historical background and discussed the proposal and future plans for the property. He stated the need for 47 over-night parking spaces. Ray Reese, representative for the American Red Cross discussed the patterns in which the vehicles will be parked. He stated their current lease will expire in July and they are in the process of seeking a 5 year renewal, warranting the need for an Interim Use Permit. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. There was discussion on the duration of the proposed Interim Use Permit. It was the consensus of the Advisory Planning Commission to approve the Interim Use Permit for a period of five (5) years and to allow a total of storage 47 vehicles. Member Heaney moved, Member Zoberi seconded a motion to recommend approval of an Interim Use Permit to allow outdoor storage of 47 vehicles (buses, vans and bloodmobiles) located at 3265 Northwood Circle, Lot 1, Block 1, Northwood Business Park 2nd Addition in the SE of Section 10 subject to the following conditions as amended: 1. The IUP shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. Storage is permitted for four blood mobiles that are 40 feet in length, 10 cut-away vans, six mobile vans that are 24 feet in length and 23 vans for outdoor storage associated with this IUP. 3. Storage is also permitted for three buses that are 25 feet in length and one van for outdoor storage associated with this IUP. 4. The IUP shall terminate on January 30, 2012. 5. The outdoor storage shall occur in the designated storage areas as indicated on the Site Plan dated April 24, 2002 and received January 17, 2007. 6. The Interim Use Permit shall be subject to administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The 3 18 Advisory Planning Commission Meeting January 23, 2007 Page 4 of 9 interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. A vote was taken. All voted in favor. Motion carried: 7-0. 4 iq PLANNING REPORT CITY OF •EAGAN REPORT DATE: January 18, 2007 CASE: 10-IN-04-12-06 APPLICANT: James Ostenson HEARING DATE: January 23, 2007 PROPERTY OWNER: Northwood Equity LLC APPLICATION DATE: December 20, 2006 REQUEST: Interim Use Pen-nit PREPARED BY: Sarah Schield LOCATION: 3265 Northwood Circle COMPREHENSIVE PLAN: SA, Special Area 4 ZONING: BP, Business Park SUMMARY OF REQUEST Northwood Equity LLC is requesting an Interim Use Permit to allow outdoor storage of 42 vehicles (buses, vans and bloodmobiles) located at 3265 Northwood Circle, Lot 1, Block 1, Northwood Business Park 2'd Addition in the SE '/4 of Section 10. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50 Subdivision 6C states: The Council may issue interim use permits for an interim use of property if. 1. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the bulk and perfonnance standards of the zoning regulations herein; 2. The date or event that will terminate the use can be identified with certainty; 3. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and 4. The user agrees to any conditions that the Council deems appropriate for permission of the use; and 5. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. Planning Report -Northwood Equity January 23, 2007 Page 2 City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Plamzing 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. 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 pen-nits, 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. ~l Plaming Report -Northwood Equity January 23, 2007 Page 3 BACKGROUND/HISTORY The subject property is part of the Northwood Business Park 2°d Addition. The property is considered Northwood Business Park Phase H and is zoned Business Park (BP). The BP zoning district prohibits outdoor storage. Northwood Equity received approval to store 106 vehicles (trucks, vans, bloodmobiles, etc...) via an Interim Use Permit in May, 2003. The permit was valid for a two year period. Since the original approval of the Interim Use Permit, the amount of vehicles being stored outdoors has decreased by over half. The specific numbers are described later this report. EXISTING CONDITIONS The existing 47,635 square foot building was built in 2001. The building is used as office/warehouse space for three tenants; American Red Cross, Midwest Special Services and Formula Corp. There is also vacant space for lease. There are currently vehicles being stored on site during the day and overnight. To screen the vehicles, a fence was constructed on the east side of the parking lot which screens the vehicles from Northwoods Circle. The vehicles are not visible from Lexington Avenue or Northwoods Parkway. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Vacant I-1, Limited hidustrial IND, Industrial South Office/warehouse BP, Business Park SA, Special Area East Lexington Avenue Right-of-way Right-of-way West Commercial/warehouse PD, Planned SA, Special Area Home Depot Development 8~- Maiming Report -Northwood Equity January 23, 2007 Page 4 EVALUATION OF REQUEST Compatibility with Surrounding Area - This property is somewhat secluded and is irmmediately surrounded by similar uses. Home Depot to the west of this site has outdoor storage of merchandise in a fenced in area. The applicant is proposing to park and store vehicles in the parking lot, which will represent the only outside storage associated with this property. City policy makers will need to determine the compatibility with the surrounding area on a temporary basis. Site Plan - The site plan indicates the vehicles for storage will be parked on the north side of the property, behind the building. While the site was constructed for more vehicles, the demand for the outdoor storage is less this time around with the interim use permit request. American Red Cross requests 38 parking spaces for their various vehicles. They will need three spaces for their 40-foot bloodmobiles, nine spaces for their 32-foot cut-away vans, six spaces for their 24-foot vans, and 20 spaces for vans. Midwest Special Services requests four parking spaces, three for their 25-foot buses and one for their van. After the outdoor storage spaces are calculated that leaves 165 parking stalls to accommodate the other parking. Overall the site contains 207 parking stalls. Original IUP # of Vans New IUP # of Vans Midwest Special 8 Midwest 4 - 3 buses 25' and 1 van Services Special Services Sub-Total 8 Sub-Total 4 American Red 4 Bloodmobiles 40' American 3 Bloodmobiles 40' Cross Red Cross 15 Trucks 32' 9 Cut-Away Vans 30 Vans 6 Mobile 24' vans 49 Cars 20 Vans Sub-Total 98 Vehicles Sub-Total 38 Vehicles TOTAL 106 Vehicles TOTAL 42 Vehicles Landscaping - Additional landscaping is not required at this time. Plarming Report -Northwood Equity January 23, 2007 Page 5 Outdoor Storage - hi addition to the requirements for a conditional use permit listed above, City Code Section 11.70 lists performance standards for outdoor storage as follows: 1. 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 (1--1) and General Industrial (I--2) zoning districts, the enclosure may be detached from the principal building. The proposed storage area is not enclosed. The proposed items to be stored outside are various vehicles, it does not seem necessary to store them u1 an enclosure; considering the vehicles will be in and out of the lot on a daily basis. 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The proposed storage area is located on the north (rear) side of the property. The proposed area does not encroach into any required front building setback area or other required setbacks. 3. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the Comprehensive Guide Plan. The proposed storage area is screened from the public right-of-way by the existing building as well as a fence on the east side. The storage area is not adjacent to property designated for residential uses. There is existing landscaping to the east and west that provides some screening. 4. The storage area shall not interfere with any pedestrian or vehicular movement. The storage area is located to the rear of the property occupying parking stalls and does not appear to interfere with pedestrian or vehicular movement. 5. The storage area shall not take tip required parking spaces or landscaping areas. Phase H of Northwood Business Park was approved with 207 parking stalls. The parking is shared by all tenants except the designated outdoor storage area. American Red Cross proposes to occupy 38 parking stalls with their outdoor storage vehicle parking and Midwest Special Services proposed to occupy 4 parking stalls with their outdoor storage vehicle parking, leaving 165 unoccupied parking stalls. Because the outdoor storage vehicles will not always be parked there during business hours, this will free up some parking. The applicant feels there is more than enough parking left over after the outdoor storage parking stalls are removed from the equation. Based on use breakdown for each tenant the parking requirements are as followed (based on total square footage) American Red Cross is a warehouse/office use and requires a total of 88 parking stalls. Midwest Special Services is an office use and requires 63 parking stalls. Formula Corp is an office use and requires 25 parking stalls and the space for lease would be an office use and would require 58 parking stalls for a grand total of 234 parking stalls. These calculations are based on square footages and uses and are not net leasable areas. Planning Report -Northwood Equity January 23, 2007 Page 6 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The areas proposed for vehicle storage are paved and no new grading is proposed. SUMMARY/CONCLUSION The subject site is zoned Business Park and outdoor storage is prohibited in this zoning district. The applicant is requesting approval of an Interim Use Pen-nit to allow for outdoor storage of 42 vehicles until January 20, 2010. The request does not meet two of the standards for outdoor storage: 1.) The storage will not be contained within an enclosure and; 2.) The storage area takes up required parking spaces. The subject site is in a very isolated location and the proposed outdoor storage appears to have little, if any, visibility from off the applicant's property. The suitability of the storage and the proposed three-year tern shall be determined by City officials. The former Interim Use Permit granted to the site was a for a two year term. City staff requested the applicant provide an exit strategy for the non-compliant situation and the applicant stated they would have to terminate the leases if the outdoor storage was not permitted. ACTION TO BE CONSIDERED To recommend approval of an Interim Use Permit to allow outdoor storage of 42 vehicles (buses, vans and bloodmobiles) located at 3265 Northwood Circle, Lot 1, Block 1, Northwood Business Park 2"d Addition in the SE %4 of Section 10. 1. The IUP shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. Storage is permitted for three blood mobiles that are 40 feet in length, nine cut-away vans, six mobile vans that are 24 feet in length and 20 vans for outdoor storage associated with this NP. 3. Storage is also permitted for three buses that are 25 feet in length and one van for outdoor storage associated with this IUP. 4. The IUP shall tenninate on January 30, 2010. 5. The outdoor storage shall occur in the designated storage areas as indicated on the Site Plan dated April 24, 2002 and received January 17, 2007. 6. The Interim Use Permit shall be subject to administrative review. The purpose of such review shall be to detennine that the conditions of the pen-nit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. LIE I a I~o J- CL --~F 6~~W ~1 t ! IZN ~o~ I ~ i ~L1 -I F s lugs I I I z e m LI11 ~ II O a ~I~ @I o N2 - inW t _ I I s' ao c o +r _ 4--1 I I s CID I-+ i VV.JI X X u cX- X f I V) C I T7r. V y X X XXX rC 2a xxxx~,-Xxxxx x 3 z I I ( x Iz X X n iF as x x i X.: x I X x v f x X X X x x X x x x X I X X f ~ ! x pxi: x x x I i JCa X I i I I I ~ I X x ----X €6 I~i~ I.. - - J I x i I X Lill I_!, ! I ",m.l I x I t x l x i I I I I ~F, o= -JU I L ~I 717T, f s of ~ ~ 4- e ° _ r I 'I I: I I I ( <I f". - Eagan Boundary Right-of-way Location Map Par A Area Park k Area Building Footprint xx ® 8 as o c~ ~J d v ~ C S 1 r ®a e• v _ m ~P O D ti Subject Site JJ -ae r`9 0 8 ❑ RIM O j, La ,a x o ~ o ® pb o o a ®o~~ Imo` 111'I ~ ~ ID o mom Ali, BA A® ®A A" A®A AAA E` O ®M M t~ ®t g 1000 0 1000 2000 Feet Development/Developer: Northwood Equity Application: Interim Use Permit Case No.: 10-IN-04-12-06 Map Prepared using y ERSI Office W 3.1. Parcel base map data provided N ANEW& by Dakota County Office of of GIS and is current as of April 2005, 005. THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of EaRaIl W E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Current Zoning and Comprehensive Guide Plan Northwood Equity Interim Use Permit Land Use Map 10-IN-04-12-06 PD Zoning Map o I-~ D Q BP D Location 1- R-3 Current Zoning: PD BP SP PD BP Business Park r° jiz e z y A D PD PD c° BP PD LB ; 00 600 0 6D0 1260 Feet COUNT' ROAD NO.26 I1ANKEE DOODLE ROAD) Comprehensive Guide Plan IND Land Use Map IND BP ' u Location IND BP Current Land Use Designation: SA SA 4 i SA o Special Area 4 x 0 SA SA o Q SA BP v rl IN" ROAD No.26 (YANKEE DOODLE ROAD) Sao 0 600 1200 Feet -7711 1 Parcel base map infortnation provided by Dakota County Land Survey Department Decmber 2005. N Zoning Information maintained by City Staff. W E (/ASV(/JY/V/i THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of Eak~ The City of Eaaan and Dakota County do not guarantee the accuracy of this information. S EGEIVEC JAN 0 0 2007 DATE: December 20, 2006 TO: Plarming Commission Eagan City Council From: Jim Ostenson, Northwood Equity, LLC RE: Request for Interim use permit Zonis Business Park Request We would like to request a new three year Interim Use Pen-nit for two tenants that park vehicles overnight on the property. Both the owner and tenants have invested significant amounts of money into their spaces and would like to remain on the premises. Both tenants are still on their original lease term and the American Red Cross has two one (1) year options left in which to extend their original lease. We apologize for the delay in filing this application. The American Red Cross has been in the process of restructuring and consolidating their operations. We did not have any vehicle counts or a lease term to reference in the application until their study was completed. We would like to request a three year permit that will extend to January 30, 2010. The table below shows we have reduced the overnight vehicle parking figures by well over half from the original request. Ori final IUP # of Vans New IUP # of Vans Midwest Special 8 Midwest Special 4 - 3 buses 25' and Services Services 1 van Sub-Total 8 Sub-Total 4 American Red Cross 4 Bloodmobiles American Red Cross 3 Bloodmobiles 40' 40' 15 Trucks 32' 9 Cut-Away Vans 30 Vans 6 Mobile 24' vans 49 Cars 20 Vans Sub-Total 98 Vehicles Sub-Total 38 Vehicles TOTAL 106 Vehicles TOTAL 42 Vehicles To further restrict the view of any vehicles, a fence was constructed on the east side of the parking lot which screens the vehicles from anyone that would drive up Northwoods Circle. The cars and vans are not visible from people driving by on Lexington Avenue or Northwoods Parkway. With the new reduced counts, all 42 vehicles could easily be parked behind the building. It is our understanding that the City has not received any complaints regarding this issue. The other tenants that occupy the two business parks do not have any issues with the overnight parking. Exit Strategy At this point in time, it is imperative for both companies to have overnight parking at this facility. Midwest Special Services provides transportation and education for disabled adults with specialized vans. The American Red Cross stores all of the supplies and vehicles they need to facilitate blood drives in and around the metro area. The initial lease tend for Midwest Special Services expires April 30, 2009 and The American Red Cross has 2- one year options in which they can extend their lease late 2009. After this point in time, we would have no other choice than to terliinate both leases due to their overnight parking requirements. Existing Land Uses The other tenant in the building is an office-user and the vacant space will also be an office-user. Surrounding Land Uses Northwood Business Center presently contains two office/warehouse buildings and could, potentially, contain two more buildings totaling 160,000 square feet of space in the business park. To the west about 300 feet, Home Depot occupies almost 20 acres. On the North, separated by a 200-400- foot buffer, is the U.S. Postal Service bulk mail facility. Lexington Avenue is on the east and Northwood Parkway has a new dental facility directly to the South. There are no residential uses within view or in close proximity to this property. I ya 0 kVj [K ft "I ~----REAL ESTATE OCORPORATION January 29, 2007 RECEIVED JAN 3 12007 Eagan City Council 3830 Pilot Knob Road Eagan, MN 55122 Dear Council Members: I would like to amend the request for the Interim Use Permit at Northwoods 2 Business Park. The American Red Cross indicated in a letter that was presented during the planning commission meeting that they would need a five year lease term in order to make it cost effective for their organization. Their current lease ends July 31 st of 2007 and I would like to request that the Interim Use Permit coincide with a new five year lease term and expire on July 31 st, 2012. Sincerely, Paramount Real Estate Corporation Lf F ` ~'q~J C Gretchen Stegmai~, As Agent for Owner Northwoods Equity, LLC 9 3601 Minnesota Drive • Suite 925 • Bloomington, MN 55435 • (952) 848290 • Fat (952) 854-8295 • www.paramountre.com Agenda Information Memo February 6, 2007, Eagan City Council Meeting C. INTERIM USE PERMIT - RESOURCE ENVIRONMENTAL SERVICES (GOPHER RESOURCES) ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) an Interim Use Permit to operate a yard waste compost facility and landscape yard at 805 Yankee Doodle Road, located north of Yankee Doodle Road at Elrene Road in the SW 1/4 of Section 12; subject to the conditions in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The property has been utilized as a compost and yard waste site since 1992. ➢ The proposed Interim Use Permit includes an expansion of the landscape center portion of the facility to include broader product offerings, site improvements including relocated concrete storage bins and paving of the landscape yard area, and a 10-year term. ➢ The applicant states that the increased emphasis on the landscape center in conjunction with the long-standing composting and yard waste collection site is necessary in today's market in order to make the entire operation viable. ➢ The ten-year term is requested to provide the operator with greater certainty of time over which to amortize their investment in site improvements. ➢ A detailed grading and paving plan and updated storm water quality information should be provided to the City for staff review. ➢ Existing signage should be brought into compliance with City Code requirements. ➢ The Advisory Planning Commission held a public hearing on January 23, 2007, and recommended approval of the Interim Use Permit for a term of 10 years. ISSUES: None 60 DAY AGENCY ACTION DEADLINE: February 18, 2007 ATTACHMENTS (2): i? - /ill January 23, 2007 Advi o Planning Commission Minutes on page c_.; "77' Staff report on pages through jd_ q21 Advisory Planning Commission Meeting January 23, 2007 Page 5 of 9 C. Gopher Services IUP Applicant Name: Resource Environmental Services Location: Outlots G & H, Gopher Eagan Industrial Park 2nd Addition Application: Interim Use Permit An Interim Use Permit for a compost site. File Number: 12-IN-05-12-06 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated January 18, 2006. She noted the background and history. John Tapper, Gopher Resources, shared a brief the history of Gopher's presence in Eagan and discussed the compost site. He explained the agreement being sought with Gertens so that compost services may continue. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Chair Hansen commented on the composting service Gopher has provided for fifteen years and the need to continue to support this type of operation. There was a discussion on the length of the proposed Interim Use Permit and other Interim Use Permits within the City. Geno Patera, Gertens, discussed the economics of compost and yard waste and explained the primary reason for the requested 10 year term for the Interim Use Permit was to justify the planned investment by Gertens to upgrade the facility. There was discussion regarding expanding the hours of operation. It was the consensus of the Advisory Planning Commission to allow the following proposed hours of operation: ➢ Monday - Friday 7:00 a.m. - 9:00 p.m. ➢ Saturday 7:00 a.m. - 8:00 p.m. ➢ Sunday 8:00 a.m. - 7:00 p.m. Member Heaney, Member Keeley seconded a motion to recommend approval of an Interim Use Permit to operate a yard waste and compost facility and landscape center on Outlot G and H, Gopher Eagan Industrial Park 2nd Addition, located northeast of Yankee Doodle and Elrene Roads in the SW '/4 of Section 12 subject to the following conditions as amended: 1. The permit shall expire June 1, 2017 (a ten-year term). 2. The Interim Use Permit shall be recorded within 60 days of its approval by the City Council. 3. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The Interim Use Permit may be revoked for failure to comply with any condition of the permit 5 q-5 Advisory Planning Commission Meeting January 23, 2007 Page 6 of 9 following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. The site shall be improved and operated in accordance with the Planned Site Layout dated January 9, 2007. 5. Hours of operation shall be limited to: ➢ Monday - Friday 7:00 a.m. - 9:00 p.m. ➢ Saturday 7:00 a.m. - 8:00 p.m. ➢ Sunday 8:00 a.m. - 7:00 p.m. 6. The applicant shall confirm that the irrigation system required with the 2004 IUP approval has been installed and if not, irrigation should be installed with these new proposed site improvements. 7. The applicant shall submit a detailed grading and paving plan for review by City Engineering staff, and if necessary, obtain a grading permit if prior to commencing any site improvements. 8. Existing signage appears to be non-conforming as to size and setbacks. One sign shall be removed and a sign permit obtained for the other sign with adjustments made to conform to City Code requirements. 9. Updated storm water quality information shall be submitted for review and approval by the City Water Resources Coordinator prior to commencing any new site improvements. 10. Landscape center products are limited to those items shown on the approved Site Plan as follows: Bulk Landscape Products - Boulders, bulk stone, timbers and miscellaneous supplies Bulk Bin Storage - Composts, soils, wood mulches, landscape gravels Palletized Landscape Supplies - Bagged mulches and gravel, paving brick, retaining wall block and natural stone 11. All operations on the site shall be maintained in a neat and orderly fashion and shall not emit any noxious odors that impact neighboring properties. A vote was taken. All voted in favor. Motion carried: 7-0. 6 PLANNING REPORT CITY OF EAGAN REPORT DATE: January 18, 2007 CASE: 12-IN-05-12-06 APPLICANT: Resource Environmental Services, HEARING DATE: Jan. 23, 2007 LLC, a wholly-owned subsidiary of Gopher Resource Corp. PROPERTY OWNER: Gopher Resource Corp. APPLICATION DATE: Jan. 12, 2007 REQUEST: Interim Use Permit PREPARED BY: Pamela Dudziak LOCATION: Outlots G & H, Gopher Eagan Industrial Park 2°d Addition COMPREHENSIVE PLAN: IND, Industrial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval an Interim Use Permit to operate a yard waste compost facility and landscape yard at 805 Yankee Doodle Road, located north of Yankee Doodle Road at Elrene Road in the SW 1/4 of Section 12. The existing facility is located on Outlots G, and H, Gopher Eagan Industrial Park 2nd Addition. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50 Subdivision 6C states: The Council may issue interim use permits for an interim use of property if. 1. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the bulk and performance standards of the zoning regulations herein; 2. The date or event that will terminate the use can be identified with certainty; 3. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and 4. The user agrees to any conditions that the Council deems appropriate for permission of the use; and 15 Planning Report - Gopher IUP January 23, 2007 Page 2 5. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. City Code Chapter 11, Section 11.40, 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. 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. Planning Report - Gopher IUP January 23, 2007 Page 3 BACKGROUND/HISTORY A yard waste and composting facility has been operating in this location since 1992. A series of Interim Use Permits has been has been granted, so the use has been reevaluated and modified over time. The last Interim Use Permit was granted June 1, 2004 and is scheduled to expire June 1, 2007. A detailed history of the Interim Use Permits is below. June 1992 - Approval of the first Interim Use Permit for a five-year term to allow a County compost and yard waste facility on Outlot I, Gopher Eagan Industrial Park 2°a Addition; expired June of 1997). May 1997 - Interim Use Permit allowing expansion onto Outlot H, three-year term; permits expired June 2000. April 1999 - Interim Use Permit allowing expansion of the facility to include Outlot G; both interim use permits expired in June 2000. May 2000 - Interim Use Permit granted for one-year; expired June 3, 2001. July 2001 - Interim Use Permit approved for a three-year term; expired July 2004. June 2004 - Interim Use Permit approved for a three-year term, scheduled to expire June 1, 2007. EXISTING CONDITIONS The existing facility takes access from Yankee Doodle Road opposite Elrene Road. The topography is such that the site is below the grade of Yankee Doodle Road. Natural vegetation and trees buffer the composting area on the eastern portion of the site. However, the western portion is open to the south. After renewing the Interim Use Permit in 1997, landscaping was installed along Yankee Doodle Road. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Gopher Resources/ 1-1, Limited Industrial/ P, IND, Industrial/P, Park and City ark Park Recreational Open Space South Townhomes/ R-3, Residential MD, Medium Density/ Thomson-West Townhome/PD, Planned IND, Industrial Publishing Development East Gopher Resources :tP D, Planned Development IND, Industrial West City Park ,Park P, Park and Recreational O en S ace 7 Planning Report - Gopher IUP January 23, 2007 Page 4 EVALUATION OF REQUEST Compatibility with Surrounding Area - The site is located within an industrial district. The property to the north is Thresher Fields park. The property to the west (Outlot I) is park land and is owned by the City. To the south across Yankee Doodle Road are residential townhomes, and industrial uses are located east and northeast of the site. Proposal - Resource Environmental Services, LLC (RES), is requesting approval of an Interim Use Permit for Gertens Greenhouses to operate the site as a yard waste and compost facility and landscape center. Gertens plans to make improvements to the site and expand the landscape center portion of the facility to include broader product offerings. According to the applicant, in order to be a viable operation, this facility cannot accept yard waste and sell only composted material. "To be sustainable, the compost/landscaping yard needs to offer both consumers and contractors as much of a one-stop shopping experience as possible for their landscaping needs." Thus, the landscape center portion of the facility is proposed for expansion to include the sale of "a variety of composted soil amendments, natural landscape mulches, colored landscape mulches, decorative rock and boulders, etc." Term - Resource Environmental Services, LLC, is requesting approval of the Interim Use Permit for a term of 10 years, to expire March 1, 2017. Gertens Greenhouses plans to operate the site under a 15-year land lease with Gopher/RES to begin March 1, 2007. According to the applicant's narrative, Gertens plans to make $300,000 - $500,000 in site improvements. Therefore, Gopher/RES is requesting the ten-year term for this Interim Use Permit "to provide Gertens more certainty as to permit length so they can be reasonably assured that they will have a chance to amortize the investment." Past Interim Use Permits for this facility have had terms of one to five years. Staff suggests a five year term for this permit. The acceptability of the requested 10-year term is a policy matter to be determined by City officials. Proposed Site Improvements - Gertens proposes to make site improvements that will make for "better presentation of compost, mulches and other landscape products, as well as black topping the main traffic patterns within the site to the drop off and pick up areas According to the applicant, such improvements "will improve the experience of the residential and commercial customer." No permanent structures will be built. Access/Street Desizn - Access to the site is taken through an existing access road to the present compost site. The access road directly aligns with Elrene Road at Yankee Doodle Road. Access and unauthorized dumping are regulated by a gate, which is locked when the facility is closed. The 1992 permit required the access to be paved to the gatehouse; the existing pavement extends about 200 feet into the property. This site is impacted by the Yankee Doodle Road Corridor Study currently being conducted by the Dakota County Transportation Department and the City of Eagan. The County and the City recognize the need to determine a highway and access plan to allow efficient flow of traffic while defining appropriate access locations and assessing supporting city streets. The study will 40 v Planning Report - Gopher IUP January 23, 2007 Page 5 analyze existing traffic operations and evaluate several design alternatives. Ultimately, the study will serve as a "plan" for property owners and businesses adjacent to Yankee Doodle Road for future site use and planning purposes. There are no improvements scheduled in either the City's or County's CIP for this segment of Yankee Doodle Road at the present time. The study is still in process and has not yet been completed. A number of alternatives have been identified for the segment of Yankee Doodle Road adjacent to the compost site. Of the suggested alternatives, a staff-preferred alternative has also been identified and was presented to the City Council on December 19, 2006. The Council has continued adoption of preferred alternatives to their March 6, 2007 meeting to allow more time for impacted property owners to meet with the County/City to discuss the project. Of particular interest to the compost site is discussion of a future signal at their entrance/Elrene Road as part of this Study and the Dakota County Plat Commission's access-related correspondence with the Gopher Commons/Lo Nidy plat review. The Plat Commission indicated that the current median opening for the Gopher Resources smelting operation and future Lo Nidy/Gopher Commons may be closed or modified by the County at anytime in the future if/when traffic conditions warrant. Its proximity to TH-149 and the projected ever-increasing traffic volumes will not allow it to be a full signalized intersection any time in the future. Recognizing this fact, the County/City have been suggesting/encouraging Gopher to consolidate accesses for their parcels on the north side of Yankee Doodle Road into a single access at Elrene Road. This would allow full movement access at a signalized intersection which addresses numerous safety issues. Operations The proposed site operations include retail sales of landscape supplies, collection and processing of yard waste materials, grinding and processing of wood mulches, transloading of landscape supplies and soil blending and processing. These operations potentially can produce noise, dust and odors which may become a nuisance. Operations are conducted to minimize the off-site impact of these potential nuisances. Odors are controlled through proper maintenance of the compost materials to prevent the establishment of odor producing bacteria. Noise is produced by the intermittent use of equipment to prepare and maintain the compost materials and has not been a problem in the past. With approval of the 2004 interim use permit, an irrigation system was required to be installed for dust control. The applicant should confirm that this system has been installed and if not, irrigation should be installed now before any other site improvements occur. Staff is not aware of any complaints since 2001. Dakota County conducts regular inspections of the facility pursuant to the County's solid waste facility license. The applicant indicates the equipment needed for these operations is the same as RES has been using, two front-end loaders and a skidsteer. Other typical Gertens equipment include a dump truck, delivery truck and forklift. Site Plan The landscape center and product storage area is located on Outlot H with the composting area located to the east on Outlot G. There is currently bulk storage of landscape Planning Report - Gopher IUP January 23, 2007 Page 6 mulches, rock and compost materials for sale on the site. These materials are currently stored either in bulk piles or within separate concrete bins. Gertens plans to expand the product offerings and amount of material stored on the site. Gertens also proposes to relocate the concrete storage bins closer to Yankee Doodle Road where they will be less visible from the street due to topography. Based on the proposed site plan, the number of bins will increase. In addition, Gertens proposes to install pavement beyond the existing entrance throughout the landscape center area (see Proposed Site Layout). A grading permit may be necessary if the disturbed area exceeds 10,000 sq. ft. in area. The applicant should submit a more detailed plan for grading and paving for review by the City Engineering staff. If necessary, the applicant should obtain a grading permit prior to commencing any site improvements. Gertens is proposing three types of products in the landscape center area. Bulk Landscape Products: Boulders, bulk stone, timbers and miscellaneous supplies Bulk Bin Storage: Composts, soils, wood mulches, landscape gravels Palletized Landscape Supplies: Bagged mulches and gravel, paving brick, retaining wall block and natural stone The area to be used for composting on Outlot G is below the grade of Yankee Doodle Road, is set back from Yankee Doodle Road approximately 300 feet and is buffered from the street by an existing wooded area. The compost area is surfaced with crushed rock. In 2001, grading of the site and installation of storm water drainage and water quality treatment ponds was accomplished. The proposed expansion of the paved area will increase the amount of runoff within the site. Therefore, updated storm water quality information should be provided for review and approval by the City Water Resources Coordinator prior to commencing any new site improvements. Signage - There are currently two monument signs identifying the site near the main entrance, and it appears that a sign permit was not obtained for either sign prior to installation. City Code allows only one ground sign per building/lot. Therefore, one T of the signs should be removed. 3 ! psi ~ 'f w wj;~is 3 r ppr~o o,; The sign east of the entrance appears to comply with City requirements for setback, although it exceeds the allowable 7' height by about one foot. The sign west of the entrance exceeds the allowable 7' height by about two feet and also does not appear to meet the required 10' setback from a public right-of-way. One sign should be removed and a sign permit obtained for the other sign with adjustments made to conform to City Code requirements. 106 Planning Report - Gopher IUP January 23, 2007 Page 7 Landscaping - The site was landscaped along Yankee Doodle Road after renewal of the Interim Use Permit in 1997. The area between the landscape yard and Yankee Doodle Road is wooded and separated by significant topographic change, therefore, no additional landscaping is necessary. SUMMARY/CONCLUSION In summary, Gopher is requesting approval of an Interim Use Permit for a yard waste and compost facility and landscape center north of Yankee Doodle Road and Elrene Road. The property has been utilized as a compost and yard waste site since 1992. The proposed Interim Use Permit includes an expansion of the landscape center portion of the facility to include broader product offerings, site improvements including relocated concrete storage bins and paving of the landscape yard area, and a longer term. The applicant states that the increased emphasis on the landscape center in conjunction with the long-standing composting and yard waste collection site is necessary in today's market in order to make the entire operation viable. A ten-year term is requested to provide the operator with greater certainty of time over which to amortize their investment in site improvements. Staff suggests a five-year term for this permit. It is a policy matter for city officials whether the requested 10-year term for this interim use, and the expansion and increased emphasis on the landscape center portion of the operation remains compatible with the area and is in keeping with the intent of the Interim Use Permit. A detailed grading and paving plan should be submitted for review by City Engineering staff and a grading permit obtained if necessary. Updated storm water quality information should also be provided for review and approval by the City Water Resources Coordinator. Existing signage should be brought into compliance with City Code requirements. ACTION TO BE CONSIDERED To recommend approval of an Interim Use Permit to operate a yard waste and compost facility and landscape center on Outlot G and H, Gopher Eagan Industrial Park 2nd Addition, located northeast of Yankee Doodle and Elrene Roads in the SW 1/4 of Section 12. If approved the following conditions shall apply: 1. The permit shall expire June 1, 2012 (a five-year term). 2. The Interim Use Permit shall be recorded within 60 days of its approval by the City Council. 3. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The Interim Use Permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. /al Planning Report - Gopher IUP January 23, 2007 Page 8 4. The site shall be improved and operated in accordance with the Planned Site Layout dated January 9, 2007. 5. Hours of operation shall remain as they are currently: Monday - Friday 7:00 a.m. - 6:30 p.m.; Saturday 9:00 a.m. - 5:00 p.m.; Sunday 11:00 a.m. - 5:00 p.m. 6. The applicant shall confirm that the irrigation system required with the 20041UP approval has been installed and if not, irrigation should be installed with these new proposed site improvements. 7. The applicant shall submit a detailed grading and paving plan for review by City Engineering staff, and if necessary, obtain a grading permit if prior to commencing any site improvements. 8. Existing signage appears to be non-conforming as to size and setbacks. One sign shall be removed and a sign permit obtained for the other sign with adjustments made to conform to City Code requirements. 9. Updated storm water quality information shall be submitted for review and approval by the City Water Resources Coordinator prior to commencing any new site improvements. 10. Landscape center products are limited to those items shown on the approved Site Plan as follows: Bulk Landscape Products - Boulders, bulk stone, timbers and miscellaneous supplies Bulk Bin Storage - Composts, soils, wood mulches, landscape gravels Palletized Landscape Supplies - Bagged mulches and gravel, paving brick, retaining wall block and natural stone l Eagan Boundary N Right-of-way Para Location Map Park Area Park Area - Building Footprint IPA Jay 7 ~ 1 H ■ ■ % 04 ~ f ll`.JJJ o Subject Site • . r sorSaw me ea ti d' t\ f t ® o ~ d 46 d own .s Wow.. ® ® ip P s dp s,.. r ~ w O 1 ♦ ~ r D °o OL S rwi ~ . ♦ ~ 4Z s• f ♦ M * 1 ~ w ° 90 a ll ~o t all o OW 1000 0 1000 2000 Feet Development/Developer. Resource Environmental Services Application: Interim Use Permit Case No.: 12-IN-05-12-06 Map Prepared using ERSI ArcView 3.1. Parcel base map data provided N by Dakota County Office of GIS and is current as of April 2005. THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of EalaIl W The City of Eagan and Dakota County do not guarantee the accuracy of this in ormation and are S Community Development Department not responsible for errors or omissions. 1 Current Zoning and Comprehensive Guide Plan Land Use Map Resource Environmental Services Interim Use Permit 12-IN-05-12-06 Zoning Map R-1 1.1 P 1-1 Current Zoning: P PD n PD Planned Development O P WAa PD PD el MO's co•~ :a ('VANREE DOODLE RD.) ®LLl R~R~- I I ® ® ®m[t-~ ~ PF 600 0 600 1200 Feet e7M Comprehensive Guide Plan IND Land Use Map 4IND ~ IND P n Current Land Use Designation: P IND INDi II IND Subject Limted Industrial IND IND Area 1e tYl NO' 01 ■ (YANKEE DOODLE RD.) ~{ry ®LLL E3 DIP ' IND IND 600 0 600 1200 Feet Parcal base map information providedby Dakota County Land Survey Department Decmbar 2005. N Zoning information maintained byCity StatL City of Eap W*E THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of thiof...t n . S c;z H JOU170I UAlVA Hd dOSUNd7 0 V L1. O O N m G. 0 U V . . W x N (O JOZLROI ONIJS'OdNOO1.VJS V M aNHd 0 _U 4 0 N 00 O v V n~` C s.aw isa a JnOAV7 .VJIS JAIUSIX9 ' ~ 11 i / ~ I I X10 I ! W J I ! x f c~.f O t 1---. err )II fl 1) I ; C--) } ~ ors=~M 1 o J V-mmu r ` I i 1~ = z j W d J Li O I LLI O = O ~ ~ ~ i 1 O w w •.aooa n ~ O I W o y- I ~ W w I ~Np R R O - I ' 1p 09 O W O vca leczaaa I Z W Nv7d aus QIvSOdoAfd iii I , I I j II,l, ~ t` LL - ~Ijl ~I O M Q Main a z d ~t i V I ~ f1 .4 ' 3 Written Narrative Interim Use Permit Extension Resource Environmental Services, LLC (A Wholly-Owned Subsidiary of Gopher Resource Corporation) December 20, 2006 (Supplemental Revision on January 9, 2007) Action To Be Considered: To approve or deny an extension of an existing Interim Use Permit to March 1, 2017 to allow the continued operation of the existing yard waste, compost facility and landscape center on Outlots G and H, Gopher Eagan Industrial Park 2nd Addition, located in the SW '/4 of Section 12, north of Yankee Doodle Road at Elrene Road. Facts: The compost facility has operated in this location since 1992. The Interim Use Permit for this site has been before the City on numerous occasions and has been renewed as needed over the course of those 15 years. Gopher Resource Corporation (Gopher) is the fee owner of the site and through its wholly owned subsidiary, Resource Environmental Services, LLC (RES) operates the site as RES Landscape Center. The web site address for RES is www.res og com. The City of Eagan has issued an Interim Use Permit for the operation of a yard waste, compost facility and landscape center which currently runs until June 1, 2009. The property is comprehensive guided "Industrial" and is zoned "Industrial". Properties to the south (Thomson West), northeast and east (Gopher) are zoned "Industrial". Property to the west and north is dedicated Eagan Park and Open Space. A residential neighborhood is south and west of this site on the south side of Yankee Doodle Road. Since 1992 the marketplace for composting/landscaping services has changed. With it the very definition of a compost/landscape center has changed. The growth of consumer demand for landscaping has grown as landscaped residential and commercial properties have become more numerous and elaborate. The marketplace for composting/landscaping supplies has changed with it. In addition, the big box home improvement centers have entered the landscape and garden center business. Gopher has learned over 15 years that a business model of accepting yard waste and selling only compost is not sustainable in today's marketplace. To be sustainable, the compost/landscaping yard needs to offer both consumers and contractors as much of a one-stop shopping experience as possible for their landscaping needs. In addition to yard waste drop off, the product offerings need to include a variety of composted soil amendments, natural landscape mulches, colored landscape mulches, decorative rock and boulders, etc. Gopher has a strong desire to continue offering this site and its services to Eagan residents and other landscape contractors servicing Eagan and northern Dakota County. Gopher, through RES, is in negotiations with Gertens Greenhouses (Gertens) of Inver Grove Heights, MN to continue to operate the site as a yard waste, compost and landscape center under a 15 year land lease to begin March 1, 2007. Gertens plans on making an investment of between $300,000 and $500,000 in yard improvements, mostly for better presentation of compost, mulches and other landscape products, as well as black topping the main traffic patterns within the site to the drop off and pick up areas, which will improve the experience of the residential and commercial customer. No permanent structures will be built. Gertens will operate the same type of loaders that RES has operated, two front end loaders and one skidsteer. To make this investment Gopher and RES desire to provide Gertens more certainty as to permit length so they can be reasonably assured that they will have a chance to amortize the investment. An extension of the existing permit to March 1, 2017 as well as expanding the definition of uses under the interim use permit to include the attached list of activities and offerings (Exhibit A) would accomplish this. Gopher and RES ask for your approval. EXHIBIT A REQUESTED PERMITTED ACTIVITIES ■ Retail and wholesale sales of landscape supplies, to primarily include screened composted material, soil amendments, natural landscape mulches, colored landscape mulches, decorative landscape rock boulders, landscape fabric/edging ■ Taking in and the recycling and processing of yard wastes ■ Composting and processing yard waste ■ Grinding and processing wood mulches ■ Transloading of landscape supplies ■ Upgrading of facilities: Grading Paving Lighting Bin Construction New office trailer Storage containers Fencing (security of site) ■ Soil blending and processing I~ ~ I Agenda Information Memo February 6, 2007 Eagan City Council Meeting VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE A. APPROVE RESOLUTION IN SUPPORT OF A 2007 STATE COMPREHENSIVE TRANSPORTATION FUNDING PACKAGE ACTIONS TO BE CONSIDERED: To approve a resolution in support of a 2007 State comprehensive transportation funding package. FACTS: • As the Council discussed at their January 30-31 Goals Retreat, transportation funding is a critical need for our community. • According to the Minnesota Department of Transportation, Minnesota will have to invest an additional $1.5 billion per year in transportation infrastructure for the next ten years in order to meet identified needs. • The League of Minnesota Cities is encouraging communities to pass the enclosed resolution and send it to the City's legislative delegation and Governor to make them aware of the City's transportation needs, and thus the need to pass a comprehensive transportation funding package in 2007. ATTACHMENTS: • Enclosed on pages n through 115 is a proposed resolution in support of a 2007 State comprehensive transportation funding package. I I Z CITY OF EAGAN A RESOLUTION REQUESTING COMPREHENSIVE ROAD AND TRANSIT FUNDING IN 2007 WHEREAS, all Minnesota communities benefit from a sound, efficient and adequately funded transportation system that offers diverse modes of travel; and WHEREAS, transportation analysts in consultation with the Minmesota Department of Transportation (Mn/DOT) estimate Minnesota will have to invest an additional $1.5 billion per year in transportation infrastructure for the next ten years in order to meet identified needs; and WHEREAS, lack of state funding has delayed regionally significant road construction and reconstruction projects across Minnesota; and WHEREAS, a long list of unfunded transportation deficiencies need to be addressed in order to promote regional economic development; and WHEREAS, current levels of transportation funding do not adequately provide for system expansion necessary to address increasing traffic volumes resulting in heavier levels of congestion on regional roadways; and WHEREAS, congestion on regional roadways causes motorists to disperse onto local roadways increasing maintenance demands on local roadways and creating major safety issues; and WHEREAS, transportation infrastructure maintenance and improvement costs significantly contribute to rising property taxes; and WHEREAS, congestion, inefficient transportation systems and lack of transportation choices lead to economic disadvantages for Minnesota's business and residents; and WHEREAS, existing local funding mechanisms, such as Municipal State Aid (MSA), property taxes, special assessments and bonding, have limited applications, leaving cities unable to adequately address growing transportation needs; and WHEREAS, the current use of state bonding to generate additional transportation funds does not provide additional funding to local units of government; and WHEREAS, the recently approved constitutional amendment that phases in dedication of 100 percent of the motor vehicle sales tax (MVST) for transportation purposes will address only a fraction of the transportation funding needs in Minnesota, and total MVST revenues are not meeting projections; and WHEREAS, the recently approved wheelage tax in Dakota County and other metropolitan counties does not provide any additional transportation funding to local units of government such as the City of Eagan; and 113 WHEREAS, local cost participation requirements for trunk highway and county projects are onerous and continue to shift additional burdens to city budgets; and WHEREAS, the ever increasing use of local property tax revenue to improve regional roadways unfairly burdens local property owners who may receive minimal benefit of the improvements; and WHEREAS, the gas tax rate has not been increased since 1988 while costs in the highway construction industry have risen more than 40 percent since the mid-1990's; and WHEREAS, while only 9% of the gas tax benefit local units of government, an increase in gas tax rate would provide some level of benefit to local units of government; and WHEREAS, the City of Eagan has paid more than $1.86 million dollars of property tax revenue for improvements made to the regional, trunk highway system since 2000, and is considering spending an additional $7.4 million in 2007 for much needed safety and capacity improvements to Trunk Highway 149; and WHEREAS, current funding for roads and transit systems across all government levels in Minnesota is inadequate, and this under-investment hinders Minnesota's progress as a national business, economic and civic leader. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, hereby requests that in 2007 the Minnesota Legislature pass a comprehensive transportation funding package that permanently increases dedicated funding for transportation; and BE IF FUTHER RESOLVED by the City Council of the City of Eagan, Minnesota, hereby requests that in 2007 Governor Tim Pawlenty allow a comprehensive transportation funding package that permanently increases dedicated funding for transportation that is passed by the Legislature to become law; and BE IF FUTHER RESOLVED by the City Council of the City of Eagan, Minnesota, hereby supports funding options including, but not limited to , the following: • An increase in the gas tax; • Indexing of the gas tax, provided there is a limit on how much the tax can be increased for inflation in a given amount of time; • Increases in vehicle registration taxes (a.k.a. license tab fees); • Trunk highway bonding, provided the Legislature implements reasonable restrictions on the amount of debt service the state will incur and provided the Legislature appropriates funding to assist with local costs related to projects funded with trunk highway bonds; • General obligation bonding for local roads and bridges, particularly for roads of regional significance and to assist with local cost participation requirements pertaining to trunk highway projects; • Sales tax exemptions for state and local transportation construction proj ects; and • New local funding tools, such as local option sales tax authority, expanded wheelage tax authority and/or street utility authority; and I Iq BE IF FUTHER RESOLVED by the City Council of the City of Eagan, Minnesota, hereby defines a comprehensive transportation funding package as an initiative that permanently increases dedicated funding for state and local road and transit systems in Greater Minnesota and the Metropolitan Area. ADOPTED by the Council this 6th day of February, 2007. Mike Maguire, Mayor ATTEST: Maria Petersen, City Clerk t GAResolutions - State, County, and some City ResTundingTomprehensive Transpotation Funding.doc AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER FEBRUARY 6, 2006 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Approve Purchase Agreement and Related Documents for Acquisition of the Steve Martin Property at 3990 Sibley Memorial Highway 2. CEDAR GROVE REDEVELOPMENT DISTRICT - Authorize Preparation of Updated Market Study for Core Area Redevelopment E. NEW BUSINESS F. OTHER BUSINESS G. RECESS TO EXECUTIVE SESSION - The EDA will be asked to hold an executive session to discuss the possible acquisition of the Kelly Plourde property at 3935 Cedarview Drive. The EDA will go to closed session and will not adjourn this meeting until the closed session is completed. Ili Agenda Information Memo Eagan Economic Development Authority Meeting February 6, 2007 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the agenda as presented or modified. C. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the January 16, 2007 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the January 16, 2007 EDA meeting on pages - z III MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota January 16, 2007 A meeting of the Eagan Economic Development Authority was held on Tuesday, January 16, 2007 at the Eagan Municipal Center. Present were President Maguire, Commissioner Fields, Commissioner Tilley, Commissioner Carlson and Commissioner Maguire. Also present were Executive Director Hedges, Community Development Director Hohenstein, City Planner Ridley, Director of Public Works Colbert, and City Attorney Dougherty. ADOPT AGENDA Commissioner Bakken moved, Commissioner Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Bakken moved, Commissioner Fields seconded a motion to adopt a resolution approving the minutes of the January 2, 2007 meeting as presented. Aye: 5 Nay: 0 OLD BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT REQUEST FOR PROPOSALS FOR CORE AREA REDEVELOPMENT Community Development Director Hohenstein discussed an updated request for proposals for the Cedar Grove Redevelopment District Master Developer. Commissioner Fields moved, Commissioner Bakken seconded a motion to approve the updated Request for Proposals for the Cedar Grove Redevelopment District Master Developer and authorize its distribution. Aye: 5 Nay: 0 CEDAR GROVE REDEVELOPMENT DISTRICT RESOLUTION TO APPROVE A PURCHASE AGREEMENT FOR MARSHA ELLINGSON PROPERTY, 3900 CEDARVALE DRIVE Community Development Director Hohenstein discussed the purchase agreement for the Marsha Ellingson property. Commissioner Tilley moved, Commissioner Fields seconded a motion to adopt a resolution to approve a Purchase Agreement and related documents for the Marsha Ellingson property, 3900 Cedarvale Drive. Aye: 5 Nay: 0 f6 CEDAR GROVE REDEVELOPMENT DISTRICT STIPULATION FOR SETTLEMENT FOR ALL AMERICAN RECREATION / JR MEGA PROPERTY AT 3820 SIBLEY MEMORIAL HIGHWAY Community Development Director Hohenstein discussed a stipulation for settlement and occupancy agreement for the acquisition of the property located at 3820 Sibley Memorial Highway. Commissioner Tilley moved, Commissioner Fields seconded a motion to approve a stipulation for settlement and occupancy agreement for acquisition of the All American Recreation (JR Mega) property located at 3820 Sibley Memorial Highway and authorize the execution of the documents by the EDA President and Executive Director and Mayor and City Clerk. Aye: 5 Nay: 0 NEW BUSINESS NORTHEAST EAGAN REDEVELOPMENT DISTRICT DIRECTION REGARDING CONCEPT PLAN FOR DART/ATLAS PROPERTY Community Development Director Hohenstein discussed a predevelopment agreement regarding the potential redevelopment of property in the Northeast Eagan Redevelopment District. Commissioner Carlson noted that in addition to requiring the developer to provide market information regarding the sustainability of retail development in the area, a predevelopment agreement would also provide that the City would perform a third party review to confirm the market information. With that addition to the direction, Commissioner Carlson moved, Commissioner Bakken seconded a motion to authorize staff and the City Attorney to negotiate a predevelopment agreement regarding the potential redevelopment of property in the Northeast Eagan Redevelopment District depicted in the concept plan presented by Atlas of Minnesota, such agreement to include the factors for further consideration identified by the EDA and Council. Aye: 5 Nay: 0 CEDAR GROVE REDEVELOPMENT DISTRICT SIGNET PAINTING OCCUPANCY PROPOSAL Community Development Director Hohenstein discussed an occupancy proposal from Signet Painting for the business' continued occupancy at 4040 Cedar Grove Parkway. Commissioner Carlson moved, Commissioner Tilley seconded a motion to accept an occupancy proposal from Signet Painting for the business' continued occupancy at 4040 Cedar Grove Parkway and to approve occupancy until March 31, 2007. Aye: 5 Nay: 0 OTHER BUSINESS There was no other business. ADJOURNMENT Commissioner Carlson moved, Commissioner Tilley seconded a motion to adjourn the meeting at 8:40 p.m. Date Thomas Hedges, Executive Director I~~ Agenda Memo Eagan Economic Development Authority Meeting February 6, 2007 1. CEDAR GROVE REDEVELOPMENT DISTRICT - PURCHASE OF STEVE MARTIN PROPERTY AT 3990 SIBLEY MEMORIAL HIGHWAY ACTION TO BE CONSIDERED: Approve Purchase Agreement and Related Documents for Acquisition of the Steve Martin Property at 3990 Sibley Memorial Highway for redevelopment purposes. FACTS: • The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the execution of development agreements that are resulting in the construction of new private development consistent with the City's plans. • During the period leading up to the adoption of an agreement for the redevelopment of the core area, the City has considered the voluntary acquisition of properties in which there is a willing seller. • The City was approached by the Steve Martin, owner of the property at 3990 Sibley Memorial Highway, who expressed an interest in selling his property to the City. On March 21, 3007, the EDA and City Council authorized staff to enter into negotiations for the purchase of the property. • Staff and the owners have agreed to a sale of the property to the EDA for $423,500. The price is supported by the seller's appraisal and a review by the City's appraiser. The purchase agreement and related documents are in order for consideration at this time. Part of the consideration for the sale is continued occupancy of the property by the seller for a dollar for a period of one year. ATTACHMENTS: • Area map on page • Resolutions on pages • Purchase Agreement and related documents available upon request. I 12-1 ~ I C1 0 o s Silver .Bell:Rd- ~d o Cedar Grove,Redev 'I pment Area Q _ Subject Site O ,OQ~ O i a Gl o ac ~ I a 0~ J p 325 650 t'3Wet U1 of Evan Cedar Grove Redevelopment Area 3990 Sibley Memorial Hwy/Steve Martin Property ~ 22 CITY OF EAGAN RESOLUTION APPROVING PURCHASE AGREEMENT FOR 3990 SIBLEY MEMORIAL HIGHWAY - STEVE MARTIN PROPERTY BE IT RESOLVED by the Eagan City Council to approve the purchase agreement for 3990 Sibley Memorial Highway, the Steve Martin property, in the Cedar Grove TIF District for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council in a regular meeting thereof assembled this 6th day of February, 2007. Maria Petersen, City Clerk EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING PURCHASE AGREEMENT FOR 3990 SIBLEY MEMORIAL HIGHWAY - STEVE MARTIN PROPERTY BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the purchase agreement for 3990 Sibley Memorial Highway, the Steve Martin property, in the Cedar Grove TIF District for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 61h day of February, 2007. Jon Hohenstein, Secretary/Deputy Executive Director I Z. Agenda Memo Eagan Economic Development Authority Meeting February 20, 2007 2. CEDAR GROVE REDEVELOPMENT DISTRICT - AUTHORIZE PREPARATION OF UPDATED MARKET STUDY FOR CORE AREA REDEVELOPMENT ACTION TO BE CONSIDERED: Authorize Preparation of Updated Market Study for Cedar Grove Core Area Redevelopment. FACTS: • While the active redevelopment of the Core Area of the Cedar Grove Redevelopment District has taken longer to be implemented than had been expected, the City has benefited the ground work that it has done over the last several years to make the area more attractive as a redevelopment opportunity, including road and storm water improvements, environmental reviews, property acquisitions, business relocations, inducement of nearby reinvestment and preliminary approval of transit station development concept. • Developers who have expressed interest in the recently issued RFP have indicated that these steps reduce the uncertainties that typically are associated with large redevelopments and make the project more attractive to them. A comment that has been raised is whether the market study for the area has been updated since the last RFP. An update will assist developers in refining concept plans and will assist the City in assessing the market feasibility of the proposals when they are received. • Previously, the City authorized Ehlers and Associates to undertake such studies on the City's behalf. Ehlers and the City have worked through Maxfield Research in this regard. Staff is requesting action to authorize Ehlers to contract with Maxfield to prepare an update of the market study for the Cedar Grove Redevelopment Area in an amount not to exceed $20,000. ATTACHMENTS: • None 12.5 Agenda Information Memo Eagan Economic Development Authority Meeting February 6, 2007 G. RECESS TO EXECUTIVE SESSION The EDA will be asked to hold an executive session to discuss possible acquisition of the Kelly Plourde at 3935 Cedarview Drive. The EDA will go to closed session and will not adjourn this meeting until the closed session is completed.