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04/17/2007 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING April 17, 2007 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE ` II. ADOPT AGENDA (At approximately 8: 00 p. m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA A. APPROVE MINUTES 7 B. PERSONNEL ITEMS $ C. APPROVE CHECK REGISTERS 9 D. APPROVE Off-Sale Liquor License for Brar Enterprises, Inc., dba Blackhawk Liquor, 4130 Blackhawk Road P. Jp E. APPROVE Tobacco License for Brar Enterprises, Inc., dba Blackhawk Liquor, 4130 Blackhawk Road P. I I F. DECLARE bicycles, unclaimed property and miscellaneous City property to be surplus D T• l(o G. APPROVE contract with the City of Burnsville for auction services in conjunction with the City of Burnsville auction to be held on May 5, 2007 P 7-6 H. APPROVE agreements with Language Line Services, Inc. to provide over-the-phone interpreter services 32-1. APPROVE delinquent accounts receivable write off for Interim Use Permit - 4355 South Robert Trail 33 J. APPROVE Tree Contractor License for Greenwaldt Tree Trimming, 21553 30t' Ave., Randall, MN ~3q K. RECEIVE petition and authorize Feasibility Report for Project 952 (Boulder Lakes - Street & Utility Improvements) -N, L. APPROVE Change Order No. 1 for Contract 06-05 (Galaxie Avenue / Blackhawk Road / Cliff Road - Intersection Improvements) P.51 M. APPROVE extension of recording the Final Subdivision for De Witt Addition P-39 N. AUTHORIZE establishment of Ad Hoc Economic Development Goals and Policy Task Force p, (f3 O. RECEIVE request and schedule Public Hearing to consider establishment of a Tax Increment Financing Project Area and District for the Potential Thomson Expansion Project. 50 P. ACCEPT request to consider street name change of 8151 Street west of Coachman P,52Q. APPROVE an expansion to the agreement between U-CARE and the City of Eagan to provide an enhanced fitness program for U-CARE members at the Eagan Community Center P53 R. APPROVE a contract with Smarte Carte to provide locker rentals at Cascade Bay p, 5 C~ S. ACCEPT a donation from City County Credit Union for the 2007 Market Fest entertainment series ;>.55T- APPOINT alternate to the Robert Street Corridor Steering Committee nrj~J. DIRECT staff to initiate technical corrections to the Land Use and Parks & Recreation sections of the Comprehensive Guide Plan. P •5 'V. ACKNOWLEDGE Rejection of Bids and Authorize Variance to Construction Activity Noise Regulations for Contract 06-01 (TH 149 - Upgrade) (Continued from 4-4-07) 19W W. PROCLAIM May 17, 2006 as Arbor Day and the month of May as Arbor Month in the City of Eagan V. PUBLIC HEARINGS VI. OLD BUSINESS P, (o5 A. PLANNED DEVELOPMENT AMENDMENT - Sam's Club - A Planned Development Amendment to allow a greenhouse tent sale of hanging plants, potted plants, trees, shrubs, potting soil, mulch and to modify the gas station hours, located at 3035 Denmark Avenue on Lot 3, Block 1, Eagandale Center Industrial Park No. 9 in the NE '/G of Section 10. VII. NEW BUSINESS P. Of A. PLANNED DEVELOPMENT AMENDMENT - Cerasis - A Planned Development Amendment to allow a single story office building located on Lot 1, Block 3, Oakview Center in the NW'/, of Section 12. ~(QC~ B. REZONING AND PRELIMINARY SUBDIVISION - Dodd Parkside - A Rezoning and Preliminary Subdivision of / 5.08 acres from Agriculture (A) to Residential Single Family (R-1) located at 4920 Dodd Road on Lot 2, Block 1, Skyview in the SW 1/4 of Section 36. 157-C. COMPREHENSIVE GUIDE PLAN AMENDMENT - Manley Commons - A Comprehensive Guide Plan Amendment from Office Service (O/S) to Retail Commercial (RC) located at 2779 Pilot Knob Road on Outlot C, Eagan Woods Office Park 2nd Addition in the NW '/a of Section 04. D. ORDINANCE AMENDMENT - City of Eagan - A text amendment to Chapter 11 regarding Public Facility (PF) Zoning District. VIII. LEGISLATIVEANTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY - There are no EDA items to be considered at this time X. ADMINISTRATIVE AGENDA XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. City of Eap ma TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 13, 2007 SUBJECT: AGENDA INFORMATION FOR APRIL 17, 2007 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the April 17, 2007 City Council agenda, the following items are in order for consideration. I Agenda Information Memo April 17, 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 April 4, 2007 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the April 4, 2007 regular City Council meeting are enclosed on pages through MINUTES OF A SPECIAL MEETING OF THE ®R EAGAN CITY COUNCIL Eagan, Minnesota April 4, 2007 A special meeting of the Eagan City Council was held on April 4, 2007 at 8:00 p.m., due the cancellation of the regular meeting on April 5, 2007, at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Tilley 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 Director of Administrative Services, Gene VanOverbeke. Councilmember Carlson arrived at 8:16 p.m. A moment of silence was observed for Lance Corporeal Daniel Olsen, an Eagan resident, who was killed in Iraq this past weekend. AGENDA Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye:4 Nay:0 RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. CONSENT AGENDA It was noted that items D and E would be continued. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the consent agenda as presented. Aye:4 Nay: 0 A. Minutes. It was recommended to approve the minutes of the March 20, 2007 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to accept the letter of resignation from Chris Grubb, Fire Inspector. 2. It was recommended to approve the hiring of Jessie Koehle as a full-time Water Resources Assistant/Technician. 3. It was recommended to approve the hiring of Barbara Kalstabakken as a part-time Clerical Tech III in Community Development. 4. It was recommended to approve the hiring of Pat Diloia as Commander of Fire Prevention. 5. It was recommended to approve the hiring of Gordon Dentinger as a part-time seasonal equipment maintenance laborer. 6. Council was informed of a vacancy in the Streets Division. C. Check Resisters. It was recommended to ratify the check registers dated March 22, 2007 and March 29, 2007 as presented. D. CONTINUED - Liquor License. It was recommended to approve the off-sale liquor license for Brar Enterprises, Inc., dba Blackhawk Liquor, 4130 Blackhawk Road. E. CONTINUED - Tobacco License. It was recommended to approve a Tobacco License for Brar Enterprises, dba Blackhawk Liquor, 4130 Blackhawk Road. F. Set Public Hearins. It was recommended to set a public hearing for May 1, 2007 to consider the fmal assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. G. Set Public Hearins. It was recommended to set a public hearing for May 1, 2007 to consider the final assessment of the delinquent weed cutting bills and certify them to Dakota County for collection with property taxes. H. Set Public Hearins. It was recommended to set a public hearing for May 1, 2007 to consider the fmal assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. 3 Eagan City Council Meeting Minutes n April 4, 2007 c Page 2 1. Issuance and Sale of Bonds. It was recommended to authorize a resolution ratifying the proposed issuance and sale of Dakota Communications Center public safety revenue bonds, providing for allocated share of the payment thereof. J. Changes to 2007 Fees and Charges. It was recommended to approve additions to the 2007 Fees and Charges that would allow for the rental of newly installed audio visual equipment and the addition of weekly rates for existing equipment. K. Wetland Delineation. It was recommended to receive and affirm the Wetland Delineation Report for the Prime Security Bank development located on Lot 1, Block I Safari at Eagan 3rd Addition. L. Contract 07-01. It was recommended to award Contract 07-01 (Citywide Street & Trail Improvements), to McNamara Contracting, Inc., for the base bid in the amount of $1,468,438 and authorize the Mayor and City Clerk to execute all related documents. M. Proiect 905R. It was recommended to receive the draft feasibility report for Project 905 R - Revised (Long Acres/Lebanon Hills Regional Park - Storm Drainage Improvements) and schedule a public hearing to be held on May 1, 2007. N. Project 04-EE. It was recommended to acknowledge the completion of improvements for City Project No. 04-EE (Sycamore Place) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. 0. Proiect 905R. It was recommended to authorize the preparation of a Joint Powers Agreement with Dakota County and Rosemount for Project 905R (Lebanon Hills Drainage Improvements) P. Contract 07-03, 2007. It was recommended to approve the plans and specifications for Contract 07-03 (Citywide Sealcoat) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Tuesday, May 8, 2007. Q. Project 922. It was recommended to approve the Final Assessment Roll for Project 922 (Lone Oak Drive - Trail Improvements) and Project 937 (Lone Oak Parkway - Trail Improvements) and authorize certification to Dakota County for collection. R. Ordinance Amendment. It was recommended to approve an amendment to Chapter 11 as it affects window signage and direct the City Attorney to publish the ordinance in the legal newspaper. S. Schedule Meeting. It was recommended to schedule Special City Council meetings for April 24, 2007 and April 26, 2007 (if necessary) to conduct Advisory Commission interviews. T. Extension for Recording Plat. It was recommended to approve a 120-day extension of time to record the Final Subdivision for Lo Nidy located at the southwest intersection of Yankee Doodle Road and Highway 149 in the NW of Section 13. U. Cancel Meeting. It was recommended to cancel the regular City Council meeting scheduled for April 5, 2007. V. A egg ement. It was recommended to approve an agreement with St. Croix Harley Davidson, Inc. for the purpose of loaning Harley-Davidson Motorcycles. PUBLIC HEARINGS There were no public hearings. OLD BUSINESS CONTRACT 06-01, TH 149 RECONSTRUCTION AND UPGRADE (TH 55 - ALBANO TRAIL) City Administrator Hedges noted that this item will be continued to the April 17, 2007 City Council meeting. Councilmember Bakken moved, Councilmember Tilley seconded a motion to continue consideration of the bids for Contract 06-01 (TH 149 Upgrade) until the April 17, 2007 City Council meeting. Aye: 4 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENTS - SAM'S CLUB City Administrator Hedges introduced this item regarding Planned Development Amendments to allow a temporary greenhouse for outdoor seasonal sales and an extension of hours for the motor fuel facility on property located at 3035 Denmark Drive. City Planner Ridley gave a staff report. L4 Eagan City Council Meeting Minutes April 4, 2007 R Page 3 Councilmember Fields expressed concern over the location of the greenhouse in regard to traffic movement. Due to the absence of the applicant, it was the consensus of the Council to continue the item to a future date. Councilmember Fields moved, Mayor Maguire seconded a motion to continue consideration of a Planned Development Amendment to allow a temporary greenhouse for outdoor seasonal sales and modification of the gas station hours on property located at 2035 Denmark Drive, to the April 17, 2007 City Council meeting. Aye: 5 Nay: 0 REZONING - CITY OF EAGAN City of Administrator Hedges introduced this item regarding a rezoning of 2.3 acres from Transitional to R-2 Residential Double on property located at 3206 Sibley Memorial Highway. He noted that this item has been before the Council previously and then directed by the Advisory Planning Commission to consider a lower density. City Planner Ridley gave a staff report. He noted that a letter from Ron Miller stating agreement with the proposed R-2 zoning was received. Loren Gross, representing the owners of the property, provided some background information and stated the owners prefer the R-3 zoning. Barbara Miller discussed the benefit of the R-2 zoning. Council held a discussion regarding investment backed expectations and the fact that property owners could come back with a planned development request. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Rezoning of 2.3 acres from Transitional t R-2 Residential Double for Lot 9, Block 1, Letendre Addition No. 3, located at 3206 Sibley Memorial Highway (Highway 13) in the SW '/t of Section 9. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT AND FINAL PLANNED DEVELOPMENT MILLER ARCHITECTS & BUILDERS, INC. City Administrator Hedges introduced this item regarding a Planned Development Amendment to change the approved use from restaurant / theater to commercial bank, and a Final Planned Development for a 3, 396 square foot commercial bank building upon 2.64 acres at 1595 Thomas Center Drive. City Planner Ridley gave a staff report. The applicant was available for questions. Councilmembers briefly discussed a drainage and utility easement that will be retained by the City. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to change the approved use from restaurant / theater to commercial bank, upon approximately 2.64 acres located on 1595 Thomas Center Drive, legally described as Lot 1, Block 1, Safari at Eagan P Addition, in the SW of Section 28, subject to the following conditions: Aye: 5 Nay: 0 1. A Final Planned Development shall be required and an agreement be prepared and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans are required for the Final Planned Development. • Final Site Plan • Final Landscape Plan • Final Building Elevations • Final Signage Plan • Final Site Lighting Plan 2. The trash enclosure shall be attached to the building. 3. Building materials shall meet current code standards, including percentages of materials used. 5 Eagan City Council Meeting Minutes April 4, 2007 P w Page 4 /y 4. Light standards shall not exceed 18 foot pole heights. 5. There shall be no security lights on the buildings. 6. Signage shall comply with City Sign Code requirements, provided that the pylon sign shall be located as shown on the site plan dated March 7, 2007. 7. A revised Landscape Plan shall be submitted to match the plan schedule with plantings shown on the plan. 8. The existing 1 '/z" copper water service lines, that will not be utilized by this development but are stubbed to this site from Thomas Center Drive, shall be abandoned in accordance with City standards. 9. The development shall'be responsible for obtaining all necessary permits from regulatory agencies, including Williams Brothers Pipeline and Dakota County, prior to final plat approval. 10. The developer shall sign a waiver of objection to special assessment for City Project 946, prior to building permit. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Final Planned Development for a 3, 396 square foot commercial bank building upon 2.64 acres (Lot 1, Block 1, Safari at Eagan 3rd Addition), in the SW of Section 28. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL, AFFAIRS UPDATE APPOINT REPRESENTATIVE TO THE ROBERT STREET CORRIDOR STEERING COMMITTEE City Administrator Hedges discussed a request by Dakota County to appoint a member of the City Council as a representative to the Robert Street Corridor Steering Committee which will participate in examining transit issues and opportunities in the Robert Street Corridor area. The City is also being asked to appoint an alternate member, who could be a Councilmember or a designee of the Council. Mayor Maguire moved, Councilmember Carlson seconded a motion to nominate Meg Tilley as a member of the Robert Street Corridor Steering Committee and a staff member to be assigned by the City Administrator. Aye: 5 Nay: 0 The regular City Council meeting was recessed at 8:35 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 8:40 p.m. ADMINISTRATIVE AGENDA Councilmember Fields moved, Mayor Maguire seconded a motion to appoint Meg Tilley as an alternate to the Cedar Corridor Committee. VISITORS TO BE HEARD Verlyn Scoop, President of Park Construction stated he would like to be considered in regard to the bid for the Trunk Highway 149 upgrade. Mayor Maguire noted that consideration of the Highway 149 upgrade item had been continued to the April 17, 2007 meeting. The meeting was adjourned at 8:55 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. l1./ Agenda Information Memo April 17, 2007 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Crime Analyst-- ACTION TO BE CONSIDERED: To approve the hiring of John Rogers as a Crime Analyst in the Police Department. Item 2. Manager-on-Duty/Campus Facilities- ACTION TO BE CONSIDERED: To approve the hiring of a person to be named as a manager-on-duty at the Campus Facilities. The person's name will be included in Monday's Additional Information packet, if available for packet preparation. Item 2. Resignation/Full-time Custodian - Community Center-- ACTION TO BE CONSIDERED: To accept the letter of resignation from Virgil Stewart, full-time custodian at the Community Center. Agenda Information Memo April 17, 2007 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated April 5, 2007 and-April 12, 2007 as presented. ATTACHMENTS: • Check registers dated April 5, 2007 and April 12, 2007 are enclosed without page number. Agenda Information Memo April 17, 2007, Eagan City Council Meeting D. APPROVE OFF-SALE LIQUOR LICENSE FOR BRAR ENTERPRISES, INC., DBA BLACKHAWK LIQUOR, 4130 BLACKHAWK ROAD ACTION TO BE CONSIDERED: To approve or deny the off-sale liquor license for Brar Enterprises, Inc., dba Blackhawk Liquor, 4130 Blackhawk Road. FACTS: ➢ Jasbir "Jess" Brar has applied for an off-sale liquor license with the City of Eagan. Mr. Brar owned Blackhawk Liquor prior to the last owner, Phorn Chhang. Mr. Brar was financing the business for Mr. Chhang, but due to financial issues that arose, Mr. Brar is taking the business back from Mr. Chhang. ➢ As background, on February 16, 2007, Mr. Chhang sold alcohol to a minor which resulted in a civil penalty being assessed against Blackhawk Liquors in the amount of $1,000. This was the second violation in a 24-month period for the establishment. Prior to the due date for payment of the civil penalty, Mr. Brar applied for the off-sale liquor license. Mr. Brar was informed at that time of the outstanding civil penalty. ➢ Staff was advised by the City Attorney's office, that the Council may require Mr. Brar to pay the civil penalty and that if he fails to pay the penalty the Council has the option of denying the license. ➢ On Friday, April 13, staff contacted Mr. Brar and informed him that the Council would have the option to deny the liquor license based on non-payment of the civil penalty. ➢ Aside from payment of the civil penalty, all other required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. ATTACHMENTS (0): Agenda Memo Regular City Council Meeting April 17, 2007 CONSENT AGENDA: E. Tobacco License for Brar Enterprises, Inc., dba Blackhawk Liquor ACTION TO BE CONSIDERED: • Jasbir S. Brar, has applied for a license to sell tobacco products at Blackhawk Liquor and Wine, 4130 Blackhawk Road • All requirements of the application have been met and fees have been paid • The Police Department has reviewed the application and sees no reason to deny ATTACHMENTS: • NONE (The application is available for review in the Administration Department) Agenda Information Memo April 17, 2007 F. DECLARE BICYCLES, UNCLAIMED PROPERTY AND MISCELLANEOUS CITY PROPERTY TO BE SURPLUS ACTION TO BE CONSIDERED: To declare bicycles, unclaimed property and miscellaneous City property to be surplus and sold at the Burnsville city auction on May 5, 2007. FACTS: ➢ Throughout the year, the City acquires a variety of unclaimed, stolen property and retires certain City equipment for a variety of reasons. State law permits the sale of these items to the highest designation as surplus property. ➢ Prior to the designation of surplus property, a list of items is circulated to all departments and, if there remains any public use of the property, it is reallocated to the appropriate department rather than being sold. ATTACHMENTS (1): ➢ 2007 auction item list on pages 12 through 15. I 2007 CITY OF EAGAN AUCTION LIST 1 Red Dunlop Athletic Bag PD 2 Marantz Stereo Double Cassette Deck PD 3 Marantz Stereo Double Cassette Deck PD 4 Marantz Stereo Double Cassette Deck PD 5 Color Video Monitor PD 6 Color Video Monitor PD 7 Panasonic Super 4-Head VHS Player PD 8 Panasonic Super 4-Head VHS Player PD 9 Panasonic Super 4-Head VHS Player PD 10 Programming Box with Transformer PD 11 Pro ammin Box with Transformer PD 12 Programming Box with Transformer PD 13 Wheelchair PD 14 DVD "Saving Private Ryan" PD 15 Whistler Radar Detector PD 16 Green Suitcase PD 17 Pink High Heel Shoes Size 7M PD 18 Shaving Kit PD 19 Purse PD 20 Purse PD 21 Purse PD 22 Purse PD 23 Purse PD 24 Purse PD 25 Purse PD 26 Purse PD 27 Tan High Heel Shoes (Size 6 %2 M) PD 28 Franklin Child's Baseball Bat PD 29 Golf Bag PD 30 Golf Clubs PD 31 NASCAR Jacket PD 32 Silver Diamond Ring with 3 Stones PD 33 Solar Landscape Lights (6) PD 34 Fossil AM 3758 Watch PD 35 Silver Earring Set with Pink Stones PD 36 Ski Poles PD 37 Chair PD 38 Metal Stork PD 39 Candle Lantern PD 40 Craftsman Lawn Mower PD 41 Honda 100 cc Off Road Motorcycle PD I~ 42 Sony CD Car Stereo PD 43 Myron & Davis LCD Monitor with Remote PD 44 Myron & Davis LCD Monitor with Remote PD 45 "Dual" Brand 340 Watt Car Amp PD 46 Kenwood 800 Watt Car Am PD 47 Red Suitcase PD 48 Black Suitcase PD 49 Keyboard PD 50 Sony CD Player with Car Adapter PD 51 Vivitar Digital Camera PD 52 Motorola Talk About Radios (2) PD 53 Black & Decker Electromate 400 PD 54 Red & Black Sports Bag PD 55 Regent DVD Player with Remote & Four Speakers PD 56 DVD "The Passion" PD 57 Backpack PD 58 Black Carhartt Jacket PD 59 Ring, Necklace & Earrings PD 60 Diamond Pendant, Diamond Bracelet PD 61 AND 1 Shoes (Size 8.5) PD 62 Black Nike Shoes (Size XL) PD 63 Rolex Watch PD 64 Michelin Tires 225/45R17 (2) PD 65 Midland FM Transceiver PD 66 Motorola Talkabouts (2) PD 67 Maxon 49-SX Communicator with Headset PD 68 Temp-Humidity Clock Gauge PD 69 Son AM/FM CD Car Stereo PD 70 Pioneer DEH 3400 Car Stereo PD 71 Sony CD Car Ready Walkman with Cords/Ada ter PD 72 Neon Light Sticks (2 PD 73 Jensen Power Am PD 74 Bazooka Speaker PD 75 DVD "Scarface" PD 76 Black Sweater PD 77 Deluxe Spritzer for Sink PD 78 Emerson VCR Player PD 79 Walkman CD Player PD 80 Audiovox CD Player PD 81 Black Shoes PD 82 Dr. Seuss 3 VHS Tae Set PD 83 VHS Tape "The Muppet Christmas Carol" PD 84 VHS Tae "Mary Po ins" PD 85 VHS Tape "Rudolph & Friends" PD 86 VHS Tape "A Christmas Story" PD 1~) 87 VHS Tape "Po e e" PD 88 VHS Tape "Mother Nature's Song" PD 89 VHS Tae "Old MacDonald's Farm" PD 90 VHS Ta e "Casper" PD 91 White Socks (3 Pair) PD 92 Tank To Shirts (6 PD 93 Miscellaneous Tires & Rims PD 94 AIWA Stereo Radio Cassette Player PD 95 Black Backpack PD 96 Black Jacket PD 97 Gold Pendant PD 98 Gold Link Bracelet PD 99 Gold Bangle PD 100 Gold Chain PD 101 Motorola Blue Tooth Ear Piece PD 102 Bikes (100 approximately) PD 103 Nylon Folding Chair PD 104 Ring Toss Game PD 105 Philips DVDNCR Combo PD 106 Floor Planks (2 Boxes) PD 107 VW Wheels (3 PD 108 Nitro Terra Grappler Tires 2 PD 109 Floor Jack PD 110 Black Tube Stand PD 111 Yellow Tripod PD 112 Yellow Halogen Light PD 113 Honeywell Heater PD 114 X-Mas Lights PD 115 Fluorescent Lights & Bulbs PD 1 Self Contained Breathing Apparatus Units (27) Fire 2 Plastic Garden Hose Reels (5) New Fire 3 Hurst Brand Hydraulic Rescue Tool 3) Fire 4 Hurst Power Inverter Fire 5 Hurst Hale Attachment Kit Fire 6 Hurst Cutter Fire 7 Hurst Spreader Fire 8 Hurst Rims (2) Fire 9 Motorola GanCharger for Batteries Fire 10 3M Overhead Projector Fire 11 Panasonic Video Camera Fire 12 ABC Fire Extinguisher Fire 13 CO Fire Extinguisher Fire 14 Panasonic Upright Vacuums (2 Fire 15 5 Cubic Feet Plastic Wheelbarrow Fire J 16 100 Feet Vinyl Garden Hoses (6) Fire 17 Light Pole Fixtures Fire 18 Push Button Entry Door Handles (8) Fire 19 35mm Vivitar TEC 155 Camera Fire 1 Office Chairs (10) Parks Maint. 2 Office Desks (3 Parks Maint. 3 Office Bookcases (2) Parks Maint. 4 Office Misc. Desks (2) Parks Maint. 1 Air Compressors (2) Water 1 Diamond & Ruby Bracelet Lost & Found 2 Man's Black Coat Lost & Found 1 Round Table in Basement (used by History Committee) City Hall 1 Lakeside Plate Holders (4 heated; 2 non heated) Community Center Agenda Information Memo April 17, 2007 G. APPROVE CONTRACT WITH THE CITY OF BURNSVILLE FOR AUCTION SERVICES IN CONJUNCTION WITH THE CITY OF BURNSVILLE AUCTION TO BE HELD ON MAY 5, 2007 ACTION TO BE CONSIDERED: To approve a contract with the City of Burnsville for auction services in conjunction with the City of Burnsville auction to be held on May 5, 2007. FACTS: ➢ In May of 2005, the City of Eagan joined forces with the City of Burnsville to sell the City's surplus property at their annual auction. This collaboration was undertaken in an effort to reduce cost and improve efficiency. ➢ This year's auction is scheduled for May 5, 2007 at the Burnsville Garage located at 75 Civic Center Parkway. The auction will begin at 10:00 a.m. with a preview of items starting at 9:00 a.m. ➢ In order for the City of Eagan to participate in the auction, the City of Burnsville is requiring a signed contract for auction sales services. ATTACHMENTS (1): ➢ City of Burnsville contract on pages through 25. I~ CONTRACT BETWEEN THE CITY OF BURNSVILLE AND THE CITY OF EAGAN FOR AUCTION SALES SERVICE This Contract is made and entered into between the City of Burnsville (hereinafter called "Burnsville") and City of Eagan (hereinafter called "Eagan") for auction sales services. WHEREAS, Eagan desires to place certain goods of Eagan in Burnsville's public auction on Saturday, May 5, 2007; and WHEREAS, Burnsville has hired a contractor who is capable of providing auction services for Burnsville at the Burnsville Garage located at 75 Civic Center Parkway, in Burnsville, on Saturday, May 5, 2007; and WHEREAS, Burnsville shall allow Eagan to place its goods in Burnsville's public auction subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual promises and agreements made herein, the parties agree as follows: 1. EAGAN'S OBLIGATIONS. Description. Eagan shall deliver its goods for the Burnsville auction no later than 3:00 p.m., Tuesday, May 3, 2007, to the Burnsville Garage and agrees to the terms of this Agreement. Eagan acknowledges and warrants that it has the right to sell the goods it delivers to be sold at the Burnsville auction on Saturday, May 5, 2007, and that the goods are free of any and all encumbrances. 2. TERM. The term of this Contract shall begin immediately and terminate on Friday, May 18, 2007, when the services required by this Contract shall be completed. 3. COMPENSATION AND PAYMENT. 3.1 Rate of Compensation. Eagan agrees to accept the terms for payment as stated in Burnsville's Agreement, as stated in Burnsville's Agreement with The Auction Center, (hereinafter called "Auctioneer'). The rate of compensation Burnsville agreed to pay the Auctioneer to provide auction services and conduct an auction on Saturday, May 5, 2007, for auction goods of Burnsville, and any other entity Burnsville invites to participate in the auction, is a commission of 15% of gross sales for all items sold at the auction, an additional 2% commission fee on all credit card sales will be paid, and the advertising expenses will be divided equally among all participating government entities. 3.2 Terms of Payment. The Auctioneer shall be responsible for collecting all monies due from each buyer on the day of the sale and, immediately after the sale, the Auctioneer shall provide Burnsville with a complete record of all items sold and the sale price of each item. After deducting the agreed upon commission and other allowable expenses, as stated herein, from the gross proceeds of the sale, the Auctioneer shall provide Burnsville with a check for the balance of the sale proceeds no later than Tuesday, May 15, 2007. Burnsville shall pay Eagan the sales proceeds of the goods owned by Eagan, which were sold at the auction, minus the sales commission rates and other compensation charges described in Section 3.1 above, within fourteen (14) days of Burnsville's receipt of its check for the sale proceeds from the Auctioneer. Burnsville shall provide Eagan with a description of the Eagan items sold and the sale price of each item. 4. COMPLIANCE WITH LAWS/STANDARDS. 4.1 General. Eagan shall abide by all Federal, State or local laws, statutes, ordinances, rules and regulations now in effect or hereinafter adopted pertaining to this Agreement or to the facilities, programs and staff for which Eagan is responsible. This includes, but is not limited to all Standard Assurances, which are attached as Exhibit B and incorporated herein by reference. CITY OF BURNSVILLE & CITY OF EAGAN 1 2007 AUCTION SERVICES CONTRACT Il 4.2 Violations. Any violation of such laws, statutes, ordinances, rules or regulations, as well as loss of any applicable license or certification by Eagan shall constitute a material breach of this Contract, and shall entitle Burnsville to terminate this Contract upon delivery of written notice of termination to Eagan. Notwithstanding any other provision of this Agreement, such termination shall be effective as of the date of such failure or loss. 4.3 Minnesota Law to Govern. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota without giving effect to the principals of conflict of laws. All proceedings related to this Agreement shall be venued in the State of Minnesota. 5. INDEPENDENT CONTRACTOR STATUS. Eagan is and shall remain an independent contractor with respect to any and all work performed under this Contract. Nothing herein contained is intended or should be construed as creating or establishing the relationship of co-partners between the parties hereto or as constituting Eagan as the employee of Burnsville for any purpose or in any manner. The conduct and control of the work will lie solely with Eagan. However, Eagan acknowledges and agrees that Eagan is not entitled to receive any of the benefits received by Burnsville employees and is not eligible for workers' or unemployment compensation benefits through Burnsville. Eagan also acknowledges and agrees that no withholding or deduction for state or federal income taxes, FICA, FUTA, or otherwise, will be made from the payments due Eagan and that it is Eagan's sole obligation to comply with the applicable provisions of all federal and state tax laws. 6. INDEMNIFICATION. Any and all claims that arise or may arise against Eagan, its agents, servants or employees, as a consequence of any act or omission on the part of Eagan or its agents, servants, employees while engaged in the performance of the Contract shall in no way be the obligation or responsibility of Burnsville. Eagan shall indemnify, hold harmless and defend Burnsville, its officers and employees, against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees, which Burnsville, its officers or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of Eagan, its agents, servants or employees, in the execution, performance, or failure to adequately perform Eagan's obligations pursuant to this Contract. 7. SUBCONTRACTING. Eagan may not subcontract this Agreement out to any other person or entity. 8. TIMELINESS. Time is of the essence in this Contract. The failure of either party to perform its obligations in a timely manner may be considered by the other party as a material breach. 9. DEFAULT. Force Maieure. Neither party shall be liable to the other party for any loss or damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party's reasonable control, providing the defaulting party gives notice to the other party as soon as possible. Acts and events may include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural disasters. 10. TERMINATION. Either party may terminate this Agreement with or without cause upon seven (7) days written notice to the other party. 11. WARRANTIES/GUARANTEES. Eagan warrants to Burnsville that Burnsville's auction contractor has the right to sell the items delivered by Eagan to be sold, free of encumbrances, and Eagan agrees to defend, indemnify, and hold harmless Burnsville and the Auctioneer from any losses, liability, or expenses arising out of any claims from persons or entities regarding ownership of Eagan's items. 12. DAMAGES FOR BREACH/SET-OFF. Notwithstanding any other provision of this Contract to the contrary, upon breach of this Contract by the Auctioneer, Burnsville may withhold final payment due Auctioneer for purposes of set-off until such time as the exact amount of damages due is determined. CITY OF BURNSVILLE & CITY OF EAGAN 2 2007 AUCTION SERVICES CONTRACT 12) 13. NOTIFICATION. Notification required to be provided pursuant to this Contract shall be provided to the following named persons and addresses unless otherwise stated in this Contract, or in a modification of this Contract. To Auctioneer: To Burnsville: Jennifer A. Sexton, President Eric T. Werner, Captain The Auction Center Burnsville Police Department 1980 East Highway 13 100 Civic Center Parkway Burnsville, MN 55337 Burnsville, MN 55337 952-890-7287 952-895-4605 14. MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Contract shall only be valid when they have been reduced to writing, signed by authorized representatives of Burnsville and the Auctioneer. 15. SEVERABILITY. The provisions of this Contract shall be deemed severable. If any part of this Contract is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Contract unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Contract with respect to either party. 16. FINAL AGREEMENT. 16.1 This Contract is the final expression of the Agreement of the parties and the complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are no representations, warranties, or stipulations, either oral or written, not herein contained. In the event of a conflict between any provision(s) of this Contract and any provision(s) contained in any exhibit attached hereto, the provision(s) of this Contract shall control. 16.2 Exhibits. The following exhibits are attached and incorporated fully herein. Exhibit A Auction Sales Exhibit B Standard Assurances Exhibit C Insurance Terms IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. Approve as to form: CITY OF BURNSVILLE By: Burnsville City Attorney / Date Eric T. Werner, Police Captain Date of Signature: CITY OF EAGAN (Notarize Signature) STATE OF MINNESOTA ) By: )SS. Title: COUNTY OF ) Date of Signature: This instrument was acknowledged before me on , 2007, by (name) , (title) , of the City of Eagan, who, being duly sworn, represents and warrants that he/she/they is/are authorized by law and all necessary board action to execute this Contract on behalf of the corporation/organization, intending this contract to be a legally binding obligation of the corporation/organization. (seal) Notary Public CITY OF BURNSVILLE & CITY OF EAGAN 3 2007 AUCTION SERVICES CONTRACT EXHIBIT A AUCTION SALES BETWEEN CITY OF BURNSVILLE & CITY OF EAGAN AND THE AUCTION CENTER 1. The Auction Center. (hereinafter called "Auctioneer") shall provide one auctioneer (two auctioneers, if necessary) on the day of the sale. 2. Auctioneer shall provide adequate labor for auction preparation and setup on Friday, May 4, 2007, from 8:00 a.m. to noon, and on Saturday, May 5, 2007, the day of the sale. 3. Auctioneer shall run timely advertisements for the sale in the Minneapolis StarTribune, the St. Paul Pioneer Press, and the Free Press, City Pages, Golden Nugget, and distribute sale bills via U.S. Mail, fax and email to selected lists of necessary buyers. No ad shall be smaller than 2 column x 5" except in the Minneapolis StarTribune. 4. Auctioneer shall provide Proof of Insurance in the limit amounts required by Burnsville per Exhibit C, Insurance Terms, in the Contract executed with Burnsville, prior to the date of the sale. If Auctioneer utilizes a subcontractor to perform any of its duties under this Contract, Auctioneer must require the subcontractor to provide Proof of Insurance and Coverage Limits to the County prior to beginning work under this Contract. Auctioneer must also require the subcontractor to agree in writing to defend, hold harmless and indemnify Burnsville from any and all liability arising out of the subcontractor's performance of its duties. When a subcontractor is utilized, Auctioneer understands it remains responsible for complying with all of Burnsville's terms of this Contract. 5. Auctioneer agrees to auction goods Burnsville and any other entity Burnsville invites to participate in the Saturday, May 5, 2007, public auction. Burnsville will pay the same sales commission to Auctioneer for the items owned by the other entities. PROPOSAL FOR AUCTION SERVICES Client: City of Burnsville & City of Eagan - Police Departments Contact: Eric T. Werner, Captain Burnsville Police Department 100 Civic Center Parkway Burnsville, MN 55337 952-895-4608 Event: Property & Evidence Auction Date of Event: Saturday, May 5, 2007 Agreements: The Auction Center agrees to provide: • Professional staff the day of the event including two (2) Auctioneers, Cashier, Clerk, two (2) Spotters • Electronic Clerking • Auction Sales Documentation • Assistance with event planning, if requested • Preparation and placement of advertising Commission Rate: 15% of gross sales Advertising: At client's actual expense, budget = $500-800 CITY OF BURNSVILLE & CITY OF EAGAN 4 2007 AUCTION SERVICES CONTRACT 2D Advertising Placement: Including but not limited to: StarTribune, Pioneer Press, local publications, event flyers, Midwestauctions.com, Darrahsauctions.com Staffing: Two (2) Auctioneers, Clerk, Cashier, two (2) Ring Persons Buyer's Premium: Buyer's premium will not be charged. Payment for Merchandise: Checks will be made payable to "Darrah's Auction Center". Visa, MasterCard, Amex available, if requested; 2% credit card fee at client's expense. Payment for Services: To be paid in certified funds within seven (7) business days, less auctioneer's commission and agreed expenses. THE AUCTION CENTER CITY OF BURNSVILLE By: By: Jennifer A. Sexton, President Eric T. Werner, Police Captain Date of Signature: Date of Signature: CITY OF BURNSVILLE & CITY OF EAGAN 5 2007 AUCTION SERVICES CONTRACT 2l EXHIBIT B STANDARD ASSURANCES 1. NON-DISCRIMINATION. During the performance of this Contract, the Contractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, national origin, disability, sexual orientation, age, marital status or public assistance status. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without unlawful discrimination because of their race, color, creed, religion, sex, national origin, disability, sexual orientation, age, marital status or public assistance status. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices which set forth the provisions of this nondiscrimination clause. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, religion, sex, national origin, disability, sexual orientation, age, marital status or public assistance status. No funds received under this Contract shall be used to provide religious or sectarian training or services. The Contractor shall comply with any applicable federal or state law regarding non-discrimination. The following list includes, but is not meant to limit, laws which may be applicable: A. The Equal Employment Opportunity Act of 1972, as amended. 42 U.S.C. §2000e et seq., which prohibits discrimination in employment because of race, color, religion, sex or national origin. B. Executive Order 11246, as amended, which is incorporated herein by reference, and prohibits discrimination by U.S. Government contractors and subcontractors because of race, color, religion, sex or national origin. C. The Rehabilitation Act of 1973, as amended, 29 U.S.C. §701 et seq. and 45 C.F.R. 84.3 (J) and (K) implementing Sec. 504 of the Act, which prohibits discrimination against qualified handicapped persons in the access to or participation in federally- funded services or employment. D. The Age Discrimination in Employment Act of 1967, 29 U.S.C. §621 et seq. as amended, and Minn. Stat. §181.81, which generally prohibit discrimination because of age. E. The Equal Pay Act of 1963, as amended, 29 U.S.C. §206(d), which provides that an employer may not discriminate on the basis of sex by paying employees of different sexes differently for the same work. F. Minn. Stat. Ch. 363, as amended, which generally prohibits discrimination because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. G. Minn. Stat. §181.59, which prohibits discrimination against any person by reason of race, creed or color in any state or political subdivision contract for materials, supplies or construction. Violation of this section is a misdemeanor and any second or subsequent violation of these terms may be cause for forfeiture of all sums due under the Contract. H. Americans with Disabilities Act of 1990, 42 U.S.C. §12101 through 12213, 47 U.S.C. §225, 611, which regulations at 29 C.F.R. §1630, which prohibits discrimination against qualified individuals on the basis of a disability in term, condition or privilege of employment. 2. DATA PRIVACY. For purposes of this Contract all data created, collected, received, stored, used, maintained or disseminated by Contractor in the performance of this Contract is subject to the requirements of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13 and the Minnesota Rules implementing the Act now in force or hereafter adopted as well as the Federal laws on data privacy, and Contractor must comply with those requirements as if it were a government entity. The remedies in section 13.08 apply to the Contractor. Contractor does not have a duty to provide access to public data to the public if the public data are available from the government agency (City), except as required by the terms of this Contract. All subcontracts shall contain the same or similar data practices compliance requirements. 3. HEALTH INSURANCE PORTABILITY & ACCOUNTABILITY ACT OF 1996. The Contractor agrees to comply with the requirements of the Health Insurance Portability and Accountability Act (HIPAA), which are applicable to the Contractor's duties under this Contract. In performing its obligations under this Contract, Contractor agrees to comply with the HIPAA Privacy requirements as of April 14, 2003, the HIPAA Standards for Electronic Transactions as of October 16, 2003, and all other HIPAA requirements as they become law. 4. RECORDS DISCLOSURE/RETENTION. Contractor's bonds, records, documents, papers, accounting procedures and practices, and other evidences relevant to this Contract are subject o the examination, duplication, transcription and audit by the City and either the Legislative or State Auditor, pursuant to Minn. Stat. §16C.05, subd. 5. Such evidences are also subject to review by the Comptroller General of the United States, or a duly authorized representative, if federal funds are used for any work under this Contract. The Contractor agrees to maintain such evidences for a period of six (6) years from the date services or payment were last provided or made or longer if any audit in progress requires a longer retention period. CITY OF BURNSVILLE & CITY OF EAGAN 6 2007 AUCTION SERVICES CONTRACT 2Z~ 5. WORKER HEALTH. SAFETY AND TRAINING. Contractor shall be solely responsible for the health and safety of its employees in connection with the work performed under this Contract. Contractor shall make arrangements to ensure the health and safety of all subcontractors and other persons who may perform work in connection with this Contract. Contractor shall ensure all personnel of Contractor and subcontractors are properly trained and supervised and, when applicable, duly licensed or certified appropriate to the tasks engaged in under this Contract. Each Contractor shall comply with federal, state and local occupational safety and health standards, regulations and rules promulgated pursuant to the Occupational Health and Safety Act, which are applicable to the work to be performed by Contractor. 6. CONTRACTOR DEBARMENT, SUSPENSION AND RESPONSIBILITY CERTIFICATION. Federal Regulation 45 C.F.R. 92.35 prohibits the State/Agency from purchasing goods or services with federal money from vendors who have been suspended or debarred by the federal government. Similarly, Minn. Stat. §16C.03, subd. 2, provides the Commissioner of Administration with the authority to debar and suspend vendors who seek to contract with the State/Agency. Vendors may be suspended or debarred when it is determined, through a duly authorized hearing process, that they have abused the public trust in a serious manner. By signing this Contract, the Contractor certifies that it and its principals" and employees: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from transacting business by or with any federal, state or local government department or agency; and B. Have not within a three-year period preceding this Contract: 1) been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction or contract; 2) violated any federal or state antitrust statutes; or 3) committed embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; and C. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity for: 1) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction; 2) violating any federal or state antitrust statutes; or 3) committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; and D. Are not aware of any information and possess no knowledge that any subcontractor(s) that will perform work pursuant to this Contract are in violation of any of the certifications set forth above. E. Shall immediately give written notice to the Contracting Officer should Contractor come under investigation for allegations of fraud or a criminal offense in connection with obtaining, or performing: a public (federal, state or local government) transaction; violating any federal or state antitrust statutes; or committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property. "Principals" for the purposes of this certification means officers, directors, owners, partners and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of a subsidiary, division or business segment and similar positions). Directions for on-line access to excluded providers: To ensure compliance with this regulation, identification of excluded entities and individuals can be found on the Office of Inspector General website at www.dhhs.ciov/progorq/oig/ . CITY OF BURNSVILLE & CITY OF EAGAN 7 2007 AUCTION SERVICES CONTRACT 12:5 EXHIBIT C INSURANCE TERMS 507 367 6265 L`0ioErc i ir'ICA i it ,vr A~eu~►i3ILITY INSURANCE ° 64' ° t' as%xa/2oo7 PRODUCER (507)137-5460 FAX (507) 387-8255 THIS CERTIFICATE IS I88M AS A MATTER OF INFORMA' ION C. 0. Brown Agency, Inc. ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE 1720 Adams Street, Suite ZOO HOLDER, THIS C!' MICATI DORI NOT AMEN>~, EX3EN0 OR Mankato, NN SGOO1 ALTER Tii CM-RMN WORDED E POLICIES BECOME Mark Lancaster INSURERS AFFORDING COVERAGE NAIC 3 muREO anrt. er Anne AuCt oneer ng nc. MBUMMA-- Grinnell Mutual Reinsurance Co 14117 DBA: Darrab's Auction Center -00i-mm Barkley nistrators coos 1990 E. Hwy, 13 INUM EROI Burnsville, MN 55337 mBUwma WSUREII COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOOMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN yB BUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. w rYPC of ,Nsun"= POLICY NHMxR Ni POUC7 TIa„ Lam OIDMINALLUa1UTY 0000333 0 01./29/x007 01/28/200$ &ACHOCCURRfimii s 1.000 TA. MAIERGAL OENEAAL LIABILPTY E ~(N NL® r_ 1 100.0001 OLNMB MADE~ OCAUR MEO W O-m ma PK~y B~ S.0001 0 A PU40MALaADVINJURY s 1 1000, OOC PCENER►LAGGROMTE t 21000 OSn A00REQATELMMTAPPMPER PRwucrs-COMPWAGO : 21000100( X POLICY L-C AUTawaaLE L"L" OOLOWED SINGLE UWT ANYAUTO fum*wo ALL OWNED AUTOS BO LPY INJURY 001149 A.EO NJTOS B HIREDAUTDB BOOLYINJURY NON40 MIIOAUTO$ IPrRmld.my L pmopmm 0AMA" j f 11 ""Moto T OARAOS U40IL" AM ONLY - EA ACCIDENT 6 ANYAUTO OTHER TWIN EAACC B AUTO ONLY: AC-0. S EXCESSM/OIELLALIAMITY EACH OCCURRENCE B _ OCCUR FICLAAMB LUDS A RNMAT9 B OEOUCTIOLE E RETENTION I WORKERS COW"IATiON AND WC-22-04-131888-001 03/06/2007 03/01/2008 X 0TH' ampLOYOW LMJNLTTY E.L. EACH ACCDENT 1 100100( ANY FICERR.NEMBI EXCLUOEDL%MDaK9X" P.L.DWAIN-EA EMPLOY E 100, B O Y 'I'WROA°~ C ELDISAME-POLICY LIMIT f 500 s ` PaovlBnNS b.. OTMA WIMPU TION OF OPNEGTIONS I LOCATIONS i VENIGLKS ! L%CW**N4 ADDED MY UNDOROMURM I FPfCI4 PROM M$ smuLD ANY OF TNB ABOVE waomSO POmme K OAmmusO apwA TNs Ef WTNWN DATE THZV=P. TRB INUI NO *=MR YRLL ENDEAVOR TO MAL ~30 DAYS WPMZN NOTICE'M THE CERTIFICATE HOLOBRHAMED TO THE LEFT, City of Burnsville BUT PALMS TO MAIL OWN NOTI It AkALL YRDEE NO ORLI00" OR UAERJTY 100 Civic Center Pkwy OF ANY KIm UPON THe RER n o TT+Ea Burnsville, MN 55337 AUTNNMMOO A ACORD25(2001105) FAX: (952)895-4640 QAACORDCORPORATION IUs CITY OF BURNSVILLE & CITY OF EAGAN 8 ` 2007 AUCTION SERVICES CONTRACT Z .j Apr. 10, '2007- 1 :36Par`0 Brown At?'-'Cy SdLiJ-P, L,, 2 r IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endonied. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not oonfer dots to the certificate holder In lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the Issuing Insursr(s), authorized representative or producer, and the certificate hider, nor does It affarnatively or negatively amend, extend or after the coverage afforded by the policies listed thereon. Acton „rmw mn% CITY OF BURNSVILLE & CITY OF EAGAN 9 2007 AUCTION SERVICES CONTRACT Agenda Information Memo April 17, 2007, Eagan City Council Meeting H. APPROVE AGREEMENT WITH LANGUAGE LINE SERVICES, INC. TO PROVIDE OVER-THE-PHONE INTERPRETER SERVICES ACTION TO BE CONSIDERED: To approve the agreement with Language Line Services, Inc. to provide over-the-phone interpreter services. FACTS: ➢ In an effort to communicate effectively with all members of the public, the City of Eagan is seeking to engage the services of Language Line Services, Inc. (LSS), a company specializing in over-the-phone interpretation 24 hours a day, 7 days a week. Language Line Services provides a tool for staff to communicate effectively with non-English speaking individuals. Interpreters for LSS are able to translate over 140 languages. Communication is facilitated with those non- English, or limited-English, speaking individuals who either call a City department or visit a City facility. ➢ The Eagan Police Department has used the services provided by LSS since February of 2000 and has found the top languages requiring translation to be Spanish and Russian. The fee structure of the agreement is as follows: $1.03/minute for both peak and non-peak times. This rate is available via a contract through the Hennepin County Cooperative Purchasing Venture. Enrollment and monthly fees will be waived for the City. The initial term of the agreement with LSS is one year. ➢ Following approval of the agreement, City staff will be educated on how to access and use the services provided by LSS. Additionally, the availability of the service will be communicated to the public. ATTACHMENTS (1): Agreement with Language Line Services, Inc. on pages 27 through ~I . Zf~ LANGUAGE LINE SERVICES, INC. AGREEMENT - PAGE 1 OF 2 FOR LANGUAGE LINED INTERPRETER SERVICES WITH Language Line - CITY OF EAGAN - Language Line Services, Inc., a Delaware corporation ("Language Line Services") and you, the Customer, agree that the terms and conditions shown below and on the second sheet of this Agreement will apply to Language Line® over-the-phone interpreter services ("Interpreter Services") provided by Language Line Services to you. TERMS OF SERVICE 1. TERM OF AGREEMENT. This Agreement will become effective upon signing by both parties and will continue in effect for the initial term set forth in Attachment A, unless earlier terminated as set forth in Section 11 of this Agreement. Upon the expiration of the initial one-year period, this Agreement will be automatically renewed for similar one-year periods unless either party provides written cancellation notice to the other at least ninety (90) days prior to the expiration of the then-current one-year period. Upon receipt of a timely cancellation notice by either party, this Agreement will terminate at the end of the then-current one-year period. Interpreter Services will not be available until Customer receives basic training on use of the Interpreter Services and is assigned a Client Identification Number. 2. PAYMENT TERMS. During the Term of this Agreement, usage charges for Interpreter Services will be billed monthly at the rates set forth in Attachment A. Customer agrees to pay all properly invoiced charges for Interpreter Services within thirty (30) days of the invoice date. Interest will accrue from the date on which payment is due at a rate equal to the lesser of 1.5% per month or the maximum rate permitted by applicable law. Invoices will be sent to the Customer billing address shown in Attachment B, or to such other address as Customer may specify by giving written notice to Language Line Services. Customer agrees that any restrictive endorsements, releases or other statements on or accompanying checks or other payments accepted by Language Line Services shall have no legal effect. 3. USE OF SERVICE. Customer represents that (i) Interpreter Services will be used for its own internal purposes and not for re- sale and (ii) Customer will not use the Interpreter Services in any manner that may violate any applicable statute or government regulation. Customer will indemnify, defend and hold Language Line Services, its affiliates and their respective successors harmless from any claim or action whatsoever arising from the use of Interpreter Services in any manner prohibited by this Section. 4. CONFIDENTIALITY. Language Line Services will not disclose any information derived from Customer's communications, may use it only for purposes specifically contemplated in this Agreement, and will treat it with the same degree of care as it does its own confidential information, but with no less than reasonable care. These obligations do not apply to information which is or becomes generally known to the public through no act or omission of Language Line Services. If Language Line Services, its agents or employees have been requested or are required (by oral questions, interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process) to disclose any such communications or else stand liable for contempt or suffer other legal censure or penalty, then Language Line Services, its agents or employees so compelled may disclose such information pursuant to that request or requirement without liability hereunder. 5. UNAUTHORIZED USE OF SERVICE. Customer agrees to safeguard its Client Identification Number against use by unauthorized persons. Customer shall be solely and fully responsible for charges resulting from use of its Client Identification Number, whether or not such use is authorized. 6. LIMITED WARRANTIES. LANGUAGE LINE SERVICES WILL PERFORM INTERPRETER SERVICES IN A PROFESSIONAL MANNER CONSISTENT WITH INDUSTRY STANDARDS. EXCEPT AS OTHERWISE SET FORTH ABOVE, LANGUAGE LINE SERVICES MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, ABOUT INTERPRETER SERVICES. LANGUAGE LINE SERVICES DOES NOT WARRANT THE AVAILABILITY OF INTERPRETERS FOR ALL LANGUAGE PAIRS AT ALL TIMES, AND LANGUAGE LINE SERVICES SPECIFICALLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER RECOGNIZES THAT OVER-THE-PHONE INTERPRETATIONS MAY NOT BE ENTIRELY ACCURATE IN ALL CASES. LANGUAGE LINE SERVICES MAY MONITOR OR RECORD CALLS FOR QUALITY ASSURANCE. 7. LIMITATION OF LIABILITY. A. FOR PURPOSES OF THE EXCLUSIVE REMEDY AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION, "LANGUAGE LINE SERVICES" SHALL BE DEEMED TO INCLUDE LANGUAGE LINE SERVICES ITS AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS AND INTERPRETERS (WHETHER EMPLOYEES OR INDEPENDENT CONTRACTORS), AND "DAMAGES" WILL REFER COLLECTIVELY TO ALL INJURY, DAMAGE, LOSS OR EXPENSE INCURRED. B. EXCEPT FOR OBLIGATIONS UNDER SECTION 2 (PAYMENT TERMS), AND TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW: (A) EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER FOR CLAIMS RELATING TO THIS AGREEMENT, WHETHER FOR BREACH OR IN TORT AND INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL BE LIMITED TO THE LESSER OF: (i) THE AMOUNT PAID BY CUSTOMER WITHIN THE PREVIOUS 12 MONTHS FOR THE INTERPRETER SERVICES, OR (ii) $250,000 AND (B) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF THAT PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. LIABILITY FOR DAMAGES SHALL BE LIMITED AND EXCLUDED, EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. 8. FORCE MAJEURE. A party is not liable under this Agreement for non-performance caused by events or conditions beyond that party's control if the party makes reasonable efforts to perform. This provision does not relieve either party of its obligation to make payments then owing. 0 2005 Language Line Services - 09.07.05 One Lower Ragsdale Drive, Bldg. 2 " Monterey, CA 93940 • www.LanguageLine.com Language Line Services Agreement - Page 2 of 2 9. NOTICES. All notices required or permitted to be given under this Agreement must be in writing and delivered in person or by means evidenced by a delivery receipt to the other party at the address shown in Attachment B and will be effective upon receipt. 10. ASSIGNMENT. Neither party may assign or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of the other party, except that Language Line Services may assign its right to payment and may assign this Agreement to an affiliated or successor company. 11. TERMINATION. A. If (i) Customer fails to pay any charge when due and the failure continues for seven (7) days after receipt by Customer of written notice of the failure from Language Line Services or (ii) Customer fails to perform or observe any other material term or condition of this Agreement and the failure continues for thirty (30) days after receipt by Customer of written notice of the failure from Language Line Services, then in either case Customer shall be in default and Language Line Services may terminate this Agreement and exercise any available rights or remedies. B. If Language Line Services fails to perform or observe any material term or condition of this Agreement and the failure continues for thirty (30) days after receipt of written notice of the failure from Customer, Language Line Services shall be in default and Customer may terminate this Agreement and exercise any available rights or remedies. C. Upon termination of this Agreement for any reason, Customer shall pay, within thirty (30) days of invoice, charges for all services rendered prior to the effective date of termination. 12. ENTIRE AGREEMENT. This Agreement is the parties' entire agreement relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, conditions, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification to this Agreement will be binding unless in writing and signed by an authorized representative of each party. If any provision, or part thereof, in this Agreement is held to be invalid, void or illegal, it shall be severed from this Agreement and shall not affect, impair, or invalidate any other provision, or part thereof, and it shall be replaced by a provision which comes closest to the severed provision, or part thereof, in language and intent, without being invalid, void, or illegal. 13. WAIVER OR DELAY. Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non-enforcement. 14. SURVIVAL OF OBLIGATIONS. The obligations of the parties under this Agreement which by their nature should continue beyond the termination or expiration of this Agreement will remain in effect after termination or expiration. 15. NO THIRD PARTY BENEFICIARIES. Neither this Agreement nor the provision of Interpreter Services shall be construed to create any duty or obligation on the part of Language Line Services to any third parties, including, without limitation, any persons participating in or the subject of conversations for which Interpreter Services are provided. This Agreement does not provide any third party with any right, privilege, remedy, claim or cause of action against Language Line Services, its affiliates or their respective successors. 16. CHOICE OF LAW. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. 17. INCORPORATION OF ATTACHMENTS. Attachments A (Customer Charges) and B (Customer Contact Information) are incorporated herein. Your signature below acknowledges that you have read, understand and agree to the terms and conditions above and those on Attachment A. Customer Name: Language Line Services, Inc. Accepted by: Accepted by: Signature Signature Type or Print Name and Title Type or Print Name and Title Date ate 0 2005 Language Line Services - 09.07.05 One Lower Ragsdale Drive, Bldg. 2 - Monterey, CA 93940 • www.LanguageLine.com X. vA SCRIBED INTERPRETATI ~L CUSTOMER CHARGES ATTACHMENT A CLIENT: City of Eagan ENROLLMENT FEE{., ■ One-time setup fee for each client identification number, which includes a detailed monthly statement $0 ■ Each subsequent client identification number with corresponding statement ......................................$0 MONTHLY FEE ■ Monthly minimum applied against usage ..............................................................................................$0 INITIAL TERM • Initial Term ....................................................................................................................................1 Year PER MINUTE RATES • Usage is billed in one-minute increments. ■ Price per minute for Language Line Services is based on the language requested and time of day. ■ Volume discounts apply. TIERS LANGUAGES PEAK* NON-PEAK** Tier 1 Spanish $1.03 $1.03 Tier 2 Chinese (Mandarin and Cantonese), $1.03 $1.03 French, Japanese, Korean, Russian, Vietnamese Tier 3 Armenian, Cambodian, German, $1.03 $1.03 Haitian Creole, Italian, Polish, Portuguese Tier 4 Farsi, Tagalog, Thai, Urdu and all other $1.03 $1.03 languages offered by Language Line Services * Peak = 5 a.m. - 5 p.m. (Pacific time), Monday - Friday * * Non-Peak = 5 p.m.-5 a.m. (Pacific time), Monday-Friday, weekends, and holidays (New Year's Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas). • There is no charge for toll-free access to Language Line Services. • Per minute rates do not include international calls. Signature Date ® 2DD5 Language Line Services - 09.21.D5 1 Lower Ragsdale Drive, Bldg. 2 • Monterey, CA 93940 • www.LanguageLine.com Z~ . r } SUBSCRIBED INTERPRETATIO CUSTOMER CONTACT AND ! 17 4 OF 2, n 'F Please complete both pages of this Attachment B and send a copy of it, the signed Interpreter Services Agreement, and if applicable a copy of your tax exempt certificate to Language Line Services, Attn: Customer Service Representative, One Lower Ragsdale Drive, Monterey, CA 93940. PARENT COMPANY ORGANIZATION NAME FOR THIS ACCOUNT (if different than parent company) OPERATIONS CONTACT Name Title Telephone Fax E-Mail Address City State/Province Zip/Postal Code BILLING CONTACT ❑ same as operations contact Name Title Telephone Fax E-Mail Address city State/Province Zip/Postal Code TRAINING CONTACT ❑ same as billing contact ❑ same as operations contact Name Title Telephone Fax E-Mail Address city State/Province Zip/Postal Code PUBLIC RELATIONS CONTACT ❑ same as billing contact ❑ same as operations contact ❑ Internal PR Contact ❑ PR Firm Company Name Title Telephone Fax E-Mail Address City State/Province Zip/Postal Code 0 2004 Language Line Services - 07.19.04 1 Lower Ragsdale Drive - Monterey, CA 93940 • www.LanguageLine.com Subscribed Interpretation Customer Contact and Profile Attachment B - Page 2 of 2 The following information is requested to create a customer profile of your organization. Under your industry, please check all activities that best describe your operations requiring language interpretation. The profile information is very important and will be used to better serve your interpretation needs. All the information that you provide is kept strictly confidential. FINANCIAL INSURANCE PUBLIC UTILITIES ❑ Bank ❑ Claims Handling ❑ Billing/Collections ❑ Branch & Telephone Banking ❑ Commercial Property/Auto ❑ customer service ❑ Online/Interactive Banking ❑ Group Health ❑ Telemarketing ❑ Collections ❑ Group Life ❑ Other. ❑ Consumer Credit ❑ Homeowner ❑ Auto Finance ❑ Personal Auto TELECOMMUNICATIONS ❑ Credit Card ❑ Personal Health ❑ Billing (credit/collections, etc.) ❑ Mortgage/Home Equity ❑ Personal Life ❑ Card Service (phone, calling card, ❑ Personal Loans/Credit ❑ Worker's Compensation credit card) ❑ Fraud/Loss/Stolen ❑ Customer Service ❑ Customer Service ❑ Personal Investment (retirement, ❑ Sales (post-Sales activities) annuities) ❑ Underwriting ❑ Fraud (fraudulent or annoyance ❑ Telesales ❑ Other investigation) ❑ Technical Support ❑ Operator Service ❑ Trust/Asset (beneftVretirement plan) MANUFACTURING ❑ Repair ❑ Other. ❑ Consumer ❑ Sales (sales support, activation) ❑ Market Research ❑ Technical Support GOVERNMENT ❑ Product Registration ❑ Telemarketing ❑ Corrections ❑ Purchase/Resale of Equipment ❑ Other. ❑ Court ❑ Sales Call ❑ Disaster Relief ❑ Technical/Product Support TRANSPORTATIONIrRAVEUHOSPITALITY ❑ Employment ❑ Technician ❑Customer Service ❑ Health and Human Services ❑ Telemarketing/Catalog ❑ Operations (Medical) ❑ Warranties/Service Calls ❑ Reservation ❑ Immigration ❑ Other. ❑ Other. ❑ Insurance ❑ Labor MEDICAUHEALTH CARE MISCELLANEOUS ❑ Military (Coast Guard, etc.) ❑ Appointments ❑ Consulting ❑ Postal Services ❑ Call Center ❑ Entertainment ❑ Poison Control ❑ Emergency Room ❑ Legal ❑ Public Safety ❑ General Patient Care ❑ Private Law Firm ❑ 311 Non-Emergency ❑ HMO ❑ Private Paralegal Services ❑ 911 Emergency ❑ Information Surveys ❑ Non-profd Organization ❑ Police/EMS ❑ Professional Consultation ❑ Real Estate ❑ Tax Services ❑ Medical Claims/Billing ❑ Retail ❑ Transit (public transportation, ❑ Social Services ❑ Other vehicle services, etc.) ❑ Telemarketing ❑ Utilities (water, gas, electricity) ❑ Other. ❑ Other. 24-HOUR CALL BACK NUMBER: The number you provide will be called to reach your agent directly in the event you accidentally hang up on your limited English-speaking customer. We will make every attempt to provide excellent customer service on your behalf. The number of employees who will be trained to use the interpreter service (estimated): Standard Industry Classification (SIC Code), if known: Tax Exempt: ❑ Yes ❑ No If yes, please include a copy of tax exempt letter or certificate with application. If applicable please include a copy of your Purchase Order. Your prompt return of this form and the signed Service Agreement (if applicable) will ensure a speedy activation of your account. Thank You. If you have questions about this form: E-mail: customerservice@languageline.com Call: 1 800 752-6096, option 1 Fax: 1 800 821-9040 © 2004 Language Line Services - 07.19.04 1 Lower Ragsdale Drive - Monterey, CA 93940 - www.LanguageLine.com 31 Agenda Information Memo April 17, 2007, Eagan City Council 1. APPROVE DELINQUENT ACCOUNTS RECEIVABLE WRITE OFF FOR INTERIM USE PERMIT - 4355 SOUTH ROBERT TRAIL ACTION TO BE CONSIDERED: To approve delinquent accounts receivable write off ($982.28) for interim use permit - 4355 South Robert Trail. FACTS: • In the fall of 2006 the City received an application for an interim use permit to care for dogs at 4355 South Robert Trail. The application fees were paid and a $500 escrow deposit was made at the time of the application. • Due to a complicated set of circumstances among the property owner, his power of attorney, the renter (applicant), another contact person, and various other advocates, the application was withdrawn by the parties. • In processing the application the City incurred out of pocket costs of $312.28 and direct staff time costs of $1,170.00 charged against the escrow generating a negative balance of $982.28. It is this balance that staff is recommending be formally written off by the City Council. • Given the unique circumstances surrounding this application, staff has concluded that following the normal methods of collection has limited likelihood of success. • Although there have been some verbal inquiries, no written request has been received to refund the original application fee. That request will also be a matter for City Council consideration, if and when one is received. ATTACHMENTS: • None Agenda Memo Regular City Council Meeting April 17, 2007 CONSENT AGENDA: J. Tree Maintenance Contractor License for Greenwaldt Tree Trimming ACTION TO BE CONSIDERED: Approve Tree Maintenance Contractor License for Greenwaldt Tree Trimming, 21553 30` Avenue, Randall, MN FACTS: • Greenwaldt Tree Trimming has applied for a Tree Maintenance Contractor License and has met all requirements of application • Staff has reviewed the application and deem it in order for approval ATTACHMENTS: None (the application is available for review in the Administration Department) Agenda Information Memo April 17, 2007 Eagan City Council Meeting K. PROJECT 952, BOULDER LAKES STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Receive a petition and authorize the preparation of a Feasibility Report by the City Engineer for Project 952 (Boulder Lakes - Street & Utility Improvements). FACTS: • In conjunction with a submittal for preliminary subdivision approval, the owner of the proposed "Boulder Lakes Business Park" property, located north of Lone Oak Road (County Road 26) along the Inver Grove Heights border in northeast Eagan, has submitted a petition for street and utility service to the property. • One of the conditions for approval of the proposed commercial/industrial subdivision will be a requirement for Council approval of a public improvement project and contract award for the construction of City streets and utilities to serve the development and the surrounding area. • Based on the potential assessable benefit to multiple properties in the area for the extension of the required trunk and lateral utilities and internal streets, it would be appropriate for the City Council to authorize the preparation of a Feasibility Report to determine the scope, cost, schedule, and method of financing for the construction of these public improvements. • The petitioner has guaranteed the cost of preparation of a feasibility report for this project, if the project is not ultimately approved by the City Council. ATTACHMENTS: • Location map, page 35 . 3~ Q 1-494 MENDOTA HEIGHTS I = Project :C; Y Location z Ty ss Sp~ I 2i toN~ O,Q I " CO. RD. 28 LONE OAK ROAD aawwwooooor I 1 rR~Nk ~ ywY I v No 55 W 0 v ' W a ~G -C , 2 YANKEE DOODLE ROAD r Boulder Lakes Business Park Street & Utility Improvements 35 Fig. 1 City of Eagan City Project No. 952 Agenda Information Memo April 17, 2007 Eagan City Council Meeting L. CONTRACT 06-05, BLACKHAWK ROAD/GALAXIE AVENUE & CLIFF ROAD - INTERSECTION IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 (misc. street repair) to Contract 06-05 (Blackhawk Road/Galaxie Avenue & Cliff Road - Intersection Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 06-05 provides for improvements to the intersection of Blackhawk Road/ Galaxie Avenue and Cliff Road (County State Aid Highway 32). Specifically, this contract includes the construction of dedicated right turn lanes for northbound and southbound vehicles as well as revisions to the traffic signal system in an effort to improve the safety and operation of the intersection. • Change Order #1 provides for a revision of the contract completion date from June 30, 2007 to September 1, 2007. The extension is necessary to accommodate the fabrication, delivery, and installation of traffic signal equipment. • There is no change in the contract price as a result of this change order. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. Agenda Information Memo April 17, 2007, Eagan City Council IV. CONSENT AGENDA M. EXTENSION OF FINAL SUBDIVISION APPROVAL (DE WITT ADDITION) ACTION TO BE CONSIDERED: To approve a 120-day extension of the Final Subdivision approval for De Witt Addition, to create two single-family lots upon 0.7 acres of land located at 2804 Vilas Lane in the NW '/4 of Section 3. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the Final Subdivision on March 6, 2007. ➢ The applicant is requesting a 120-day extension of the Final Subdivision approval due to changes with their mortgage company. ➢ A letter from the applicant is attached. ATTACHMENTS (1): Letter from Applicant, page 35 37 71~ (10 RECEIVED APR 0 4 2001 Agenda Memo Eagan City Council Meeting April 17, 2007 Consent Agenda N. AUTHORIZE ESTABLISHMENT OF AD HOC ECONOMIC DEVELOPMENT TASK FORCE ACTION TO BE CONSIDERED: To authorize the establishment of an Ad Hoc Economic Development Goals and Policy Group to recommend an economic development vision, goals and policies for consideration in the Comprehensive Guide Plan update and to authorize staff to investigate a possible facilitator for the group. FACTS: ➢ At its workshop meeting of April 10, 2007, the City Council reviewed the Ad Hoc Economic Development Task Force Concept and directed that the item be forwarded to a regular meeting agenda for consideration. ➢ At the time that the City Council disbanded the Economic Development Commission and took on most economic development functions through the Economic Development Authority, it was noted that there may be times when an ad hoc group or task force could be convened to address particular issues. ➢ The City is currently updating its Comprehensive Guide Plan, a section of which relates to Economic Development. While the EDA may choose to take on this update directly, it would appear that this is the type of issue that could also be assigned to an ad hoc group, populated by a cross section of Eagan business people and other interested parties that could address the City's economic development vision and policies within a specific time frame and forward them to the Council/EDA for consideration. ➢ Business persons would be invited to apply to participate on the Task Force through a process similar to that used to appoint the Advisory Commissions. Participants could be selected from specific categories of businesses by size and type, to represent a cross section of business interests in the community. ➢ The Council had directed that the size of the group be compact to permit it to function efficiently. The following nine membership categories are proposed: o Manufacturing o Information Services o Transportation o Commercial Property Development o Banking (39 o Retail Property Management o Hospitality/Hotel o Chair of Eagan Area Business Council of the Chamber of Commerce o Member at Large - Non-Business Representative If Council members wish to propose alternative sectors, the item can be pulled from the consent agenda. ➢ The activity could be facilitated by an outside economic development professional to provide additional expertise and perspective from outside the community. The action above would also authorize staff to investigate that alternative with formal action to consider a facilitator to be presented at a later date. ➢ The potential for this initiative is among the concepts that have been discussed to continue and enhance the City's communication with its business community on an ongoing basis. ATTACH WNTS: ➢ Proposed Task Force purpose statement on pages 4o through q 2 40 EAGAN AD HOC ECONOMIC DEVELOPMENT GOALS AND POLICY TASK FORCE The Eagan Ad Hoc Economic Development Goals and Policy Task Force is proposed to be an advisory body appointed by the Eagan City Council. The purpose of the Task Force would be to provide input and make recommendations to the City Council concerning an update of the City's economic development vision, goals and policies that will form the basis of the Economic Development section of Eagan's 2008 Comprehensive Guide Plan Update. As volunteers with an investment in the City's economic future, Task Force members will provide valuable insight into business and public perceptions of these issues for the City Council and City staff. Organization: The Task Force would consist of nine (9) members appointed by the City Council for the duration of the Task Force's term. The task force would be expected to meet once a month for a period of approximately six months. Membership could consist of representatives of the following areas: o Manufacturing o Information Services o Transportation o Commercial Property Development o Banking o Retail Property Management o Hospitality/Hotel o Chair of Eagan Area Business Council of the Chamber of Commerce o Member at Large - Non-Business Representative A Chairperson and Vice-Chairperson would be elected by the members of the Task Force. The Chair would preside over the Task Force meetings. In the absence of the Chair, the Vice-Chair would preside. Member's Role: The Task Force's work would cover a broad range of issues in a short time frame. To accomplish this work, regular attendance and participation by members will be essential. While Task Force members would be selected on the basis of their experience in a particular business sector, it will also be important for. them to bring an objective perspective and an innovative approach to the issues before them. The vision, goals and policies should be based the best interests of the City as a whole. Responsibility/Authority: The Ad Hoc Economic Development Task Force would derive its authority through City Council action. The scope of the Task Force work will be to review the City's existing economic development vision, goals and policies, evaluate the city's current commercial and industrial base, consider the City's future potential for the retention, expansion and attraction of businesses and jobs and prepare a recommendation for the City's economic development vision, goals and policies between 2008 and 2030. The Task Force would act as a group. While the consideration of divergent views are natural and a healthy part of a discussion, majority positions will be considered to be the official action of the Commission. The recommendations of the Task Force will be forwarded to the City Council for consideration of adoption as part of the overall Comprehensive Guide Plan Update process. Staff SUPPO : The City has designated the Community Development Director and members of the Planning Division to act as staff for the Ad Hoc Economic Development Task Force. The City is also considering retaining a business development consultant to facilitate the Task Force work. As necessary, expertise may be drawn from other departments, agencies and consulting entities to provide adequate support and background to the group. Agenda Memo Eagan City Council Meeting April 17, 2007 Consent Agenda 0. THOMSON EXPANSION PROJECT - CALL FOR A PUBLIC HEARING ON PROPOSED TAX INCREMENT FINANCING DISTRICT ACTION TO BE CONSIDERED: To approve a resolution to call for a Public Hearing on June 5, 2007 on the proposed establishment of a Project Plan and Economic Development Tax Increment Financing District for the potential expansion of the Thomson-West's Eagan Campus. FACTS: • Thomson-West is considering the expansion of its facilities located at 610 Opperman Drive in Eagan. The project anticipates the potential development of a 425,000 s.f. office building that will permit the addition of 2,000 jobs to the community. The company is also considering the addition of a third 80,000 s.f data center on the campus. • The City Council has received a request from Thomson-West for consideration of support the project. At its meeting of March 6, 2007, the City Council received an overview of the project by the Company - a project summary is among the attachments listed below. At that time, the City Council approved a resolution supporting the passage of legislation to permit the City to consider the establishment of a nine year economic development tax increment financing district to provide local public financing assistance for the project. • City staff and consultants have begun to perform the preliminary work necessary for the consideration of the district if the legislation is adopted. In order to consider the district, the City Council will need to schedule and hold a public hearing for that purpose. ATTACE[MENTS: l • Area map on page • Project Summary on pages through • Schedule of events on a e through iY% P g • Resolution calling for a public hearing on page Eagan sotutdary Parcel Area ocation Map Park Area L Building Footprint + s or -iiiiiiiami 1k) V Q n~' ~ W ~ o T - gyp t m ~Q ® D ~ - top D o ~s~ Emm t-o ~ 0 e 8~ I Subject Site s 1s3l~ ~ ~ t ~ i % 1000 0 1000 2000 Feet Development/Developer. Thomson Site Application: NA Case No.: NA Map Prepared Wag EM ArcMew M. Parcel base map data provided N by Dakota County =a of GIS and is oaten as Of April 20DS City of Eap THIS MAP 13 INTENDED FOR REFERENCE USE ONLY W E The City of Eagan and Dakota County do not guarantee the accuracy of this iafertnatien and are S cenrnmhy new-1-petDepartment not responsible for errors or omissions. THOMSON PROJECT SUMMARY April 4, 2007 BACKGROUND ➢ Thomson representatives approached City staff in August 2006 regarding their possible need for space to accommodate internal growth, as well as the potential consolidation of a number of company-wide functions into a single location. They indicated that the Thomson campus in Eagan was one of three sites under consideration for the facility. ➢ Preliminary discussions were held through the fall regarding potential public financing assistance, with the understanding that any formal discussions, actions or commitments regarding project approvals or assistance would need to be made by the City Council. ➢ In January 2007, the City Council received a briefing regarding the prospective project in anticipation of the Council's receiving a formal request for assistance from Thomson. That request is before the City Council at this time. At this time, Thomson is requesting that the City take action to support special legislation that would make the project eligible for tax increment financing assistance under a nine year Economic Development District. Representatives of Thomson will be at Tuesday's meeting to make a presentation regarding the project. PROJECT OVERVIEW ➢ The Thomson campus in Eagan employs 1,200 technologists and more than 1,000 attorneys. There are currently 6,800 employees and contractors at the Eagan location, including 800 net additional employees since mid-2004. Most new jobs are in the technology and product development fields. ➢ The company has remodeled its facilities several times to accommodate the growth and is nearing capacity in its existing buildings. Within the expansion project, the company anticipates growth of approximately 300 jobs per year for the next four years. In addition, Thomson is contemplating the consolidation of a number of enterprise-wide support positions into a shared-services environment, which would house an additional 800 employees and the Eagan campus is under consideration for that expansion as an alternative to distributing the jobs in other locations. ➢ If Eagan is chosen as the site of the expansion, the new facility is anticipated to add 425,000 square feet of office space to the existing development and will represent an investment of approximately $50 million. In addition, the company is considering construction of a third data center on the site. Although the data center is 80,000 s.£ in size, the combination of the building and the equipment it would house would be an investment of an additional $50 million. Buildings of the scale proposed have been anticipated in the existing Thomson Planned Development. The company is coordinating its planning and decision making to start construction in 2007. PROJECT ASSISTANCE ➢ During the fall, the company requested that City staff work with representatives of the Minnesota Department of Employment and Economic Development (DEED) to prepare background information and a proposal for the project Based on the job creation and private investment potential created by the project, the state coordinated a proposal and outlined a number of state sources for public financing assistance, training assistance and other resources. Among the potential sources of assistance noted in the proposal was special legislation to permit the City to consider creation of a TIF economic development district The state has passed such legislation in the past for other large expansion or location projects, when the projects present clear benefit to the state, but fall outside of the strict definitions in current law. ➢ The City considers potential public financing assistance for economic development projects under its Business Assistance and Tax Increment Financing policies. For economic development projects, the policies consider the creation or retention of jobs at or above 80% of the County's median income ($62,800 compared to a $78,500 median in 2006). The project anticipates the creation and/or retention of 2,000 jobs with incomes averaging $70,000. ➢ In working with the state and the company on the proposal, staff indicated that a commitment to City support for such legislation and consideration of the creation of a district could only be authorized by the City Council and, until the Council could take action in its regard, any representations regarding those issues would be speculative. ➢ Based on discussions between City staff Thomson and Dakota County staff, the Company is requesting legislation for a district permitting nine years of collections. Under the TIF statute, Economic Development Districts permit no more than 15% of an assisted project to consist of office. The draft legislation would waive that requirement. ➢ The legislation, if passed, would permit the proposal to be defined as an eligible project under the statute. If the legislation is adopted, the City would still perform all procedural steps necessary to consider creation of a TIF district and would negotiate with the company a business assistance agreement and TIF development agreement to cover the performance of the improvements, confirmation of job creation and the level of public financing assistance to be provided. CURRENTSTATUS ➢ Legislation has been introduced relative to the elements of the proposed state assistance package for the project and the authorization for City consideration of an economic development TIF district. Those bills are receiving hearings at this time. DRAFT SCHEDULE OF EVENTS (as of March 5, 2007) EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND THE CITY OF EAGAN DAKOTA COUNTY, MINNESOTA FOR THE PROPOSED ESTABLISHMENT OF THE THOMSON EXPANSION PROJECT PLAN AND THE PROPOSED ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 3-1 (a special legislation economic development TIF district with a 9 year term) March 6, 2007 City Council approves resolution supporting enabling legislation to permit TIF for Thomson West expansion and authorizing preliminary activities. (Packet information due by February 27, 20071 March 20, 2007 Deadline for submitting final plat to the City. The City has 30 days to review the plat. April, 2007 City and Thomson negotiate TIF Development Agreement and Business Subsidy Agreement April 3, 2007 EDA requests that the City Council call for a public hearing on the proposed Modification Project Plan and the proposed establishment of Tax Increment Financing District. April 9, 2007 Project information (property identification numbers and legal descriptions, detailed project description, maps, but/for statement, and list of sources and uses of funds) for drafting necessary documentation on sent to Ehlers & Associates. April 16, 2007 Ehlers & Associates confirms with the City whether building permits have been issued on the property to be included in TIF District. April 17, 2007 City Council calls for public hearing on the proposed Modification to the Project Plan and the proposed establishment of Tax Increment Financing District. April 20, 2007 Project information submitted to the County Board for review of county road impacts (at least 45 days prior to public hearing). May 4, 2007 Fiscalleconomic implications received by School Board and County Board (at least 30 days prior to public hearing). May 15, 2007 EDA considers the Plans. May 22, 2007 Planning Commission meets at 6:30 p.m. and reviews Plans. May 23, 2007 Ehlers & Associates conducts internal review of Plans. EHLERS /1 SCHEDULE OF EVENTS - PAGE 2 EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND THE CITY OF EAGAN DAKOTA COUNTY, YOMSOTA FOR THE PROPOSED FOR THE MODIFICATION TO THE PROJECT PLAN AND THE PROPOSED ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT (a special legislation TIF development district) May 24, 2007 Date of publication of hearing notice and map (at least 10 days but not more than 30 days prior to hearing). June 1, 2007 City and Thomson finalize TTF Development Agreement and Business Subsidy Agreement for consideration by EDA. June 5, 2007 City Council meets at 6:30 and approves special legislation for creating Tax Increment Financing District. Jerre 5, 2007 City Council holds public hearing on a Modification to the Project Plan and the establishment of Tax Increment Financing District. June 19, 2007 City Council meets at 6:30 p.m. and makes the findings for establishing the TIF District and passes resolution approving the Plans. June 19, 2007 EDA approves Development Agreement with Thomson, including the granting of a business subsidy. June 20, 2007 Building permit can be issued. Post July 1, 2007 Ehlers Associates files Plans with the MN Department of Revenue, Office of the State Auditor, and requests certification of the TIF District with Dakota County. The proposed calendar assumes that Legislation for the establishment of the TY District is approved during the last week of the Legislative session, and it assumes that the standard process for the establishment of the TIF District is completed If the Legislation is approved earlier, the calendar of activities can be moved forward In addition, the Legislation could include provisions to waive any of the notices or steps in the establishment of the TIF Plan. The proposed calendar assumes that the TIF District will be certified after July 1, 2007 0 1 EHLERS CITY OF EAGAN DAKOTA COUNTY STATE OF MINNESOTA RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE ESTABLISHMENT OF THE THOMSON EXPANSION PROJECT AREA AND THE ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO.3-1(A SPECIAL LEGISLATION ECONOMIC DEVELOPMENT DISTRICT). BE IT RESOLVED by the City Council (the "Council") for the City of Eagan, Minnesota (the "City"), as follows: Section 1. Public Hearing. This Council shall meet on June 5, 2007, at approximately 6:30 P.M., to hold a public hearing on the proposed adoption of a Redevelopment Plan for the Thomson Expansion Project Area and the proposed adoption of a Tax Increment Financing Plan for Tax Increment Financing District No. 3-1, (a special legislation economic development district), therefor, (the Redevelopment Plan and the TIF Plan are referred to collectively herein as the "Plans"), all pursuant to and in accordance with Minnesota Statutes, Sections 469.124 to 469.134, 469.090 to 469.1082, and Sections 469.174 to 469.1799, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and Section 2. Notice of Public Hearing Filing of Plans. City staff is authorized and directed to work with Ehlers & Associates, Inc., to prepare the Redevelopment Plan for the Thomson Expansion Project Area and the Tax Increment Financing Plan for Tax Increment Financing District No. 3-1 and to forward documents to the appropriate taxing jurisdictions including Dakota County and Independent School District No. 196. The City Administrator is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to June 5, 2007 and to place a copy of the Plans on file in the City Administrator=s office at City Hall and to make such copy available for inspection by the public. Dated: April 17, 2007 Adopted: Mayor ATTEST: City Administrator Agenda Information Memo April 17, 2007, Eagan City Council IV. CONSENT AGENDA P. REQUEST TO CONSIDER STREET NAME CHANGE OF 81s' STREET WEST OF COACHMAN ROAD ACTION TO BE CONSIDERED: To accept the request to consider the name change of 81" Street, west of Coachman Road, to Hunt Drive. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the Planned Development Amendment and Final Plat for Terra Glenn Lofts on March 6, 2007. ➢ The Terra Glenn Lofts development is adjacent to 81s` Street which is one of five numerical streets within the City and is part of the original Blue Cross Blue Shield overall development masterplan. ➢ Blue Cross Blue Shield has proposed to change the name of the road to Dorothy Hunt Drive. ➢ Dorothy Hunt worked for BCBS for approximately 30 years. Hunt became Vice President of actuarial research in 1965, the first female Vice President in a Blue Cross plan. She retired in 1973. ➢ City Policy has been to name streets with last names only, therefore Hunt Drive has been proposed. ATTACHMENTS (1): Location map, page DU Eagan Boundary Right-of-way Location Ma Park Area Area Park Area - Building Footprint gas ® o ■ 1 ■ 11 1 , ■ • ti 4 e File Sub•ect Site ......••~~II~ ■ , C jL w ILP + r- 1 A nw•na. a t # aw • s Milo an w t w ♦ . o n o 0 ' ' . it 1 r f ¢4 -we 01 1000 0 1000 2000 Feet Development/Developer.. 81st Street Renaming Application: Case No.: Map Prepared using ERSI Arc%now 3.1. Parcel base map data provided N by Dakota County Office of GIS and is current as of April 2005. City of Eajan THIS MAP IS INTENDED FOR REFERENCE USE ONLY 5 W+E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community D&volopment Dopartm-1, not responsible for errors or omissions. Agenda Information Memo April 17, 2007 Eagan City Council Meeting Q. APPROVE an expansion to the agreement between U-CARE and the City of Eagan to provide an EnhanceFitness program for U-CARE members at the Eagan Community Center ACTION TO BE CONSIDERED: Approve an agreement between U-CARE and the City of Eagan to provide an EnhanceFitness program for U-CARE members at the Eagan Community Center. FACTS • U-CARE approached ECC staff to determine if there was an interest in hosting EnhanceFitness classes for U-CARE members at the community center. • The EnhanceFitness program was specifically designed for seniors 65+ covered under U-CARE. This program is nationally recognized and is one of the very rare programs that have an evidence based protocol that can clearly document the benefit to the participants. • Currently there are 14 other locations in Minnesota offering these classes however they are either in the northern suburbs or outstate. U-CARE Minnesota is actively seeking locations in the southern suburbs over the next 2 years. • ECC was selected because of its close proximity to many U-CARE members and because there are growing requests for this class in this area. • Classes are required to be taught 2 times a week for 8-10 weeks. The facility is paid by U-CARE for each class taught but any U-CARE member can participate for free. Anyone else can attend the class for a fee, which is set by the facility. All participants do not have to be U-CARE members • U-CARE also provides the training for ECC staff to teach this class, which is a very rigorous training designed to meet the needs and limitation of aging adults. • The classes would be proposed for daytime hours when the building is less busy and offers more space options. It will also tie in closely with times when activities are occurring in the Lone Oak Room to potentially integrate more active programming for the seniors that currently frequent the building. ATTACHMENTS: None '52- Agenda Information Memo April 17, 2007 Eagan City Council Meeting R. APPROVE a contract with Smarte Carte to provide locker rentals at Cascade Bay. ACTION TO BE CONSIDERED: Approve entering into a contract with Smarte Carte to provide locker rentals at Cascade Bay and authorize the Mayor to sign the appropriate documents. FACTS • Cascade Bay had provided several lockers within the facility for guests to secure their personal items while enjoying the park. The lockers have been free to the public but required guests to bring their own padlock or purchase one from the concessions area. • In an attempt to provide a higher level of security, Cascade Bay installed a small bank of self-serve card access lockers in 2006 on a trial basis. These were installed by Smarte Carte at no cost to Cascade Bay with the benefit of receiving a percentage of the profit. • The experiment was very successful and the new lockers were the preferred location for guests to secure their belongings. • There were 1,389 of the new lockers rented during 2006 for total revenue of approximately $4,400. • In planning for 2007 Smarte Carte is proposing to replace the larger bank of lockers on the outside of the changing rooms. That will include 112 doors with 3 access stations for guests. This again will be at no cost to Cascade Bay. • The proposed agreement will provide a percentage revenue for Cascade Bay ranging from 25% - 50% of the total sales and Smarte Carte will service the lockers on a regular basis to ensure they are in good working order. • A bank of free lockers will remain in the changing rooms for people who wish to bring their own lock with them. ATTACHMENTS: None Agenda Information Memo April 17, 2007 Eagan City Council Meeting S. ACCEPT a donation from City Countv Credit Union for the 2007 Market Fest entertainment series. ACTION TO BE CONSIDERED: Accept a donation of $4000 from City & County Credit Union for the Eagan Market Fest 2007. FACTS • The Eagan Live Jive, music in the park series has been part of the Eagan Parks & Recreation summer events for many years. This year the Parks and Recreation department is expanding the program to include a Farmers Market, Artisan Market, Food and Music - "Eagan Market Fest 2007". • Still the great music at the Rotary Band Shell, now families can choose to come for the produce, browse the works of local artists, eat fabulous food from Green Mill, enjoy the wonderful local talent and at dusk 3 times this summer watch family friendly movies. • Donation dollars were budgeted for 2007 to allow this free community program to be hosted by interested local partners. • The long standing partnership between businesses and the Live Jive entertainment series has provided a tangible way for interested partners to participate in their community. For 2007, City & County Credit Union is the primary sponsor and no other business donations will be sought for this summer. • City & County Credit Union is a financial sponsor for the 2007 entertainment series and will be acknowledged at evening events in addition to Market Fest's publicity to the community. ATTACHMENTS: • None. Agenda Information Memo April 17, 2007 Special City Council Meeting T. APPOINT ALTERNATE TO THE ROBERT STREET CORRIDOR STEERING COMMITTEE ACTIONS TO BE CONSIDERED: To appoint Jon Hohenstein, Director of Community Development, as the alternate to the Robert Street Corridor Steering Committee. FACTS: ➢ At the April 4, 2007 City Council meeting, the Council took formal action to appoint Councilmember Tilley as the City's representative to the Robert Street Corridor Steering Committee. ➢ The Council at that time also asked that a staff person be considered as an alternate to the committee. Community Development Director Hohenstein has offered to serve as the City's alternate representative on the Committee. ➢ Pending Council consideration, Dakota County will be informed of the City's appointments. 5~ Agenda Information Memo April 17, 2007 Eagan City Council Meeting U. COMPREHENSIVE GUIDE PLAN AMENDMENT - CITY OF EAGAN ACTION TO BE CONSIDERED: To direct staff to initiate technical corrections to the Land Use and Parks & Recreation sections of the Comprehensive Guide Plan. REQUIRED VOTE FOR APPROVAL: Super Majority of Council Members Present FACTS: ➢ The City Attorney has suggested that the City initiate an amendment that would correct an oversight on the Zoning/Land Use Consistency Matrix (Figure 3.5) found in the Land Use Section of the 2000 Comprehensive Guide Plan. ➢ The matrix created inadvertently did not include a column for the Parks Zoning District. The text of the Plan speaks to the Parks Zoning District and the matrix needs to brought into alignment with the text. At its meeting of April 10, 2007, the City Council directed the preparation of an amendment of the Comprehensive Plan at this time. ➢ In addition, the City Council discussed the need to clarify in the Parks and Recreation Section of the 2000 Comprehensive Guide Plan that privately-owned recreation amenities are not considered part of the City's recreation system. This would include the removal of the identification of the privately owned golf courses from the Comprehensive Plan Parks and Recreation System Map (Figure 7.1). ➢ The Council also indicated that it would be appropriate to include a summary of privately held recreation amenities (i.e., Camp Butwin, golf courses, Lifetime Fitness, Gun Club, etc.) in the Parks and Recreation Section of the Comprehensive Plan update, which is in process, but the distinction that these amenities are not part of the City's recreation system was important. ATTACHMENTS: (2) Zoning/Land Use Consistency Matrix on page. 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R g~i F . a jpI_ 1 , .,mss T n 1x13 _ J} I L.~. 7y' r{~ y Nt- J;i 7 t=. c c ! c f S1T~ y Agenda Information Memo April 17, 2007 Eagan City Council Meeting V. CONTRACT 06-01, TH 149 RECONSTRUCTION & UPGRADE (TH 55 - ALBANO TRAIL) ACTION TO BE CONSIDERED: Acknowledge the rejection of bids and authorize a variance to the Construction Activity Noise Regulations to allow construction activity between the hours of 4:00 a.m. and 12:00 a.m. (midnight), Monday through Saturday for Contract 06-01 (TH 149 - Upgrade). FACTS: • The City of Eagan is the lead agency in partnership with the Minnesota Department of Transportation (MnDOT) for Contract 06-01 providing for the upgrade of a 2.7 mile segment of State Trunk Highway (TH) 149, beginning north of TH 55 and terminating in Inver Grove Heights at Albano Trail (south of Rich Valley Blvd/Co. Rd. 71). The upgrading of TH 149 to a 4-lane divided roadway includes a new traffic signal at the intersection of Wescott Road, and dedicated safety turn lanes at various street intersections. A trail will also be constructed along the east side between TH 55 and Wescott Road. • On January 2, 2007 the City Council approved the plans and authorized the advertisement for competitive bids and directed the Finance Committee to review funding and financing options for this project prior to the Council's consideration of contract award due to escalating cost estimates and City of Eagan's financial contribution requirements. • On March 22, 16 bids were received. After reviewing all bids for conformity to the bid specifications and bidder qualifications criteria, the apparent qualifying low bid was ^-15% below the Engineer's estimate. • At its meeting held on March 29, the Finance Committee reviewed the favorable bid results and its lessened impact on the City's 5-yr CIP. They subsequently authorized a recommendation to the City Council to award the contract to the qualified low bidder. • The bid recommendation was accordingly submitted to MnDOT for their required concurrence. MnDOT surprisingly informed the City that the FHWA will not accept our Bidder Qualification process and will withhold their respective funding ($6.1 million) if the City proceeds with a contract award, even if awarded to the lowest bidder. MnDOT and FHWA suggested that the City reject all bids and re-advertise for new bids without a bidder qualification requirement. • At the April 10, 2007, City Council workshop the Council rejected the bids for Contract 06-01 and authorized the advertisement for a new bid opening to be held at 10:30 am on April 24, 2007. • Due to the resulting one month delay in construction start, it becomes questionable whether this project can be completed in one construction season potentially requiring a "winter suspension" with related extra costs, which become the full responsibility of the cities of Eagan and Inver Grove Heights. • Section 10.37 of the City Code prohibits construction activity or the use of tools and equipment for construction activity between the hours of 10:00 p.m. and 7:00 a.m. • The opportunity for contractors to work up to 20 hours a day, Monday through Saturday, as needed, on the TH 149 upgrade may allow the completion of the construction project within the 2007 construction season and reduce the associated costs to the City of Eagan. It is important to have the allowable working hours known to the contractors as they prepare to re-bid Contract 06-01. Agenda Information Memo April 17, 2007 Eagan City Council Meeting W. PROCLAIM May 17, 2007 as Arbor Day and the month of May 2007 as Arbor Month in the City of Eagan ACTION TO BE CONSIDERED: To acknowledge Eagan as the recipient of the 2006 Tree City USA Award from the National Arbor Day Foundation, and approve the Arbor Day Resolution setting Thursday, May 17 as Arbor Day and May, 2007 as Arbor Month in the City of Eagan. FACTS • Eagan has received the Tree City USA community designation from the National Arbor Day Foundation for the sixteenth consecutive year. Each year the Parks and Recreation Department conducts an Arbor Day program which includes participation in a tree planting project. This year the 21 st annual event will be held in conjunction with the City of Eagan Showcase. • Recognition as a Tree City is based on efforts by the City to promote tree planting in the community and the resolution demonstrates that effort. • To become a Tree City, a community must meet four standards: a tree board or department, a tree care ordinance, a comprehensive community forestry program, and an Arbor Day observance. • Eagan has demonstrated progress in the following forestry activities: Publications, parks and open space, and improved ordinance. • The resolution was recommended for adoption by the Advisory Parks and Recreation Commission. • Receiving these awards acknowledges the City's efforts to minimize environmental impact during developments, and adhere to policies such as "Forever Green," aimed to maintain and enhance Eagan's trees and foliage. Scheduled Arbor Day activities include: 5:00-5:30 Arbor Day Tree installation (Near Civic Center Drive) 6:30-7:00 Brief Arbor Day Program Introduction of 2007 Arbor Day poster artist - Anna Van Wyk, Woodland Elementary Announcement of 2008 Arbor Day poster contest winner. ATTACHMENTS: I • Eagan Arbor Day and Eagan Arbor Month resolution on page l • Letter of award notification from the Arbor Day Foundation on page (02- 21 st annual Arbor Day Celebration flyer on page CITY OF EAGAN RESOLUTION A PROCLAMATION OF EAGAN ARBOR DAY AND EAGAN ARBOR MONTH WHEREAS, trees are a most valuable resource in the State of Minnesota and City of Eagan - purifying our air and water, helping conserve our soil, serving as a recreational settings, providing habitat for wildlife for all kinds, and enriching our lives in so many important ways; and WHEREAS, pollutants, tree diseases and urban expansion have damaged and continue to threaten our trees, creating the need for reforestation programs and concerted public action toward ensuring the future of out City's urban forests; and WHEREAS, each year the people of Minnesota pay special attention to the wonderful gift that our trees represent and dedicate themselves to the continued health of our state's trees; and WHEREAS, The City of Eagan has been recognized as a Tree City USA community by the National Arbor Day Foundation since 1988 and desires to continue its tree-planting programs; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby proclaim Saturday, May 14, 2005 to be ARBOR DAY and the month of May, 2005 to be ARBOR MONTH in the City of Eagan. BE IT FURTHER RESOLVED that the Mayor and Council further urge citizens to become more aware of the importance of trees to the well-being of our community; and to participate in City tree planting programs which will ensure a greener place for our citizens to live in the decades to come. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Deputy Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, M. McGarvey, Deputy City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 19th day of April, 2005. Deputy Clerk (to I E The National Arbor Day Foundation° 211 N. 12th St. • Lincoln, NE 68508.402-474-5655 • We inspire people to plant, nurture, and celebrate trees. March 19, 2007 The Honorable Pat Geagan Mayor of the City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mayor Geagan, Congratulations to Eagan on being named as a 2006 Tree City USA! Trees in our cities and towns help clean the air, conserve soil and water, moderate temperature, and bring nature into our daily lives. Trees are a vital component of the infrastructure in our cities and towns, and provide environmental and economical benefits. A community, and its citizens, that recognize these benefits and provide needed care for its trees deserves recognition and thanks. Tree City USA recognizes communities that have proven their commitment to an effective, ongoing community forestry program. Such a program is one marked by renewal and improvement. Tree City USA is sponsored in cooperation with the National Association of State Foresters and the USDA Forest Service. State foresters are responsible for the presentation of the Tree City USA flag and other materials. We will forward your awards to Don Mueller in your state forester's office. They will be coordinating the presentation with you. It would be especially appropriate to make the Tree City USA award a part of your Arbor Day ceremony. Again, congratulations on receiving this national recognition for your tree-care program. Best regards, John Rosenow President cc: Gregg Hove 2 IUCKIf4MR. ~cau.a SOY INK For more information, contact News from Dan Lambe, Vice President at dlambe@arborday.org or Woodrow The National Nelson, Director of Marketing at A 888-448-7337 rday.org or call 888 A bor Day Foundation -448-7337 211 N. 12th St. • Lincoln, NE 68508.402-474-5655 • We inspire people to plant, nurture, and celebrate trees. FOR IMMEDIATE RELEASE: Eagan Named Tree City USA Eagan has been named a Tree City USA community by The National Arbor Day Foundation to honor its commitment to community forestry. It is the twentieth year Eagan has received this national recognition. The Tree City USA program is sponsored by The National Arbor Day Foundation in cooperation with the National Association of State Foresters and the USDA Forest Service. Eagan has met the four standards to become a Tree City USA community: a tree board or department, a tree care ordinance, a comprehensive community forestry program, and an Arbor Day observance. "Trees in our cities and towns help clean the air, conserve soil and water, moderate temperature and bring nature into our daily lives," said John Rosenow, president of The National Arbor Day Foundation. "Tree City USA designation recognizes the work of elected officials, staff and citizens who plant and care for the community forest." "Trees are a vital component of the infrastructure in our cities and towns, and provide environmental and economical benefits," Arbor Day Foundation President Rosenow added. "A community, and its citizens, that recognize these benefits and provide needed care for its trees deserves recognition and thanks." C~3 wuc SOY INK City of Eapn '>i~= USA. 21St ANNUAL ARBOR DAY CELEBRATION TO BE HELD AT CITY OF EAGAN SHOWCASE CIVIC ARENA THURSDAY - May 17, 2007 Dear Resident, Celebrate Arbor Day! You are invited to join with the City of Eagan as we celebrate Arbor Day on Thursday, May 17th 2007 at the City of Eagan Showcase event to be held at the Eagan Civic Arena (the official program will be held inside near the stage). Arbor Day has been celebrated in Eagan since 1987, and was established nationally to emphasize the importance of trees and community reforestation. Scheduled activities include: 5:00-5:30 Arbor Day Tree installation (Near Civic Center Drive) 6:30-7:00 Brief Arbor Day Program Introduction of 2007 Arbor Day poster artist - Anna Van Wyk, Woodland Elementary Announcement of 2008 Arbor Day poster contest winner. For further information or to volunteer for planting, please contact the Division of Forestry at. (651) 675-5300. It is requested that you register for this event so we can ensure sufficient amounts of food for the picnic lunch. Thank you. A0 a AF 'e'04 Q_ <22~4~ /V Paul Olson Gregg Hovel Superintendent of Parks Supervisor f Jorester See you there! (Pq Agenda Information Memo April 17, 2007, Eagan City Council Meeting VI. OLD BUSINESS A. PLANNED DEVELOPMENT AMENDMENTS - SAM'S CLUB ACTIONS TO BE CONSIDERED: To approve (OR to direct preparation of findings for denial) a Planned Development Amendment to allow a temporary greenhouse for outdoor seasonal sales on property located at 3035 Denmark Drive, legally described as Lot 3, Block 1, Eagandale Center Industrial Park Number 9, in the NE t/4 of Section 10, subject to the conditions listed in the APC minutes. To approve (OR to direct preparation of findings for denial) a Planned Development Amendment to allow an extension of hours for the motor fuel facility on property located at 3035 Denmark Drive, legally described as Lot 3, Block 1, Eagandale Center Industrial Park Number 9, in the NE 1/4 of Section 10, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes. FACTS: Temporary Greenhouse The City Council tabled this item at the April 4, 2007 meeting to allow discussion with the applicant regarding the modification to the proposed location of the greenhouse. ➢ The proposed greenhouse is 960 square feet (24 x 40) in size and the proposed location is in the middle of the parking lot north of the exit door. Items for sale will include hanging and potted plants, trees, shrubs, potting soil and mulch. ➢ The proposed hours of operation are to be consistent with the store. ➢ The proposed operation is from April 1 to June 22"d annually. ➢ Seasonal sales standards are satisfied. ➢ The Advisory Planning Commission held a public hearing on March 27, 2007 and recommended approval of the PD Amendment. Motor Fuel Facility The City Council tabled this item at the April 4, 2007 meeting to allow the decisions regarding the greenhouse and motor fuel facility to occur simultaneously. ➢ The Motor Fuel Facility was added in 2005 with the hours of operation being 6:00 a.m. to 9:00 p.m., Monday through Saturday, and 9:00 a.m. to 7:00 p.m. Sunday. ➢ The proposed hours of operation are 5:00 a.m. to 10:00 p.m. seven days a week which are compatible with the commercial area and because the property is more than 200 feet from residential uses and fronts on a major thoroughfare, City Code does not limit hours of operation. ISSUES: None 60-DAY AGENCY ACTION DEADLINE: April 21, 2007 ATTACHMENTS (2): Draft APC Minutes of March 27, pages through Staff report, pages 68 through Advisory Planning Commission Minutes March 27, 2007 Page 2 of 16 IV. PUBLIC HEARINGS A. Sam's Club Applicant Name:Sam's Club Location:3035 Denmark Ave.; Lot 3, Block 1, Eagandale Center Industrial Park No. 9 Application: Planned Development Amendment A Planned Development Amendment to allow a temporary greenhouse for outdoor sales of hanging plants, potted plants, trees, shrubs, potting soil and mulch and to modify the motor fuel station hours. File Number: 10-PA-03-02-07 Planner Schield introduced this item and highlighted the information presented in the City Staff report dated March 19, 2007. She noted the background and history. Dave Koecheler, Sam's Club, explained that all sales will take place inside the store. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Member Zoberi moved, Member Keeley seconded a motion to recommend approval of a Planned Development Amendment for seasonal outdoor sales to allow a temporary greenhouse on property located at 3035 Denmark Avenue, legally described as Lot 3, Block 1, Eagandale Center Industrial Park Number 9, in the NE 1/< of Section 10 subject to the following conditions: 1. An Amendment to the Planned Development _Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. The seasonal sales shall be allowed between the dates of April 1 and July 1 each year. 3. A building permit is required prior to construction of the greenhouse each year. 4. Only one seasonal sale or outdoor event shall occur at one time subject to City Ordinances. 5. All sales should cease and the structures should be removed by July 1 st each year. 6. The site shall be kept in a neat and orderly manner and the display of items shall not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. 7. Any storage and display of plant materials outside the greenhouse shall not extend beyond the width of the greenhouse itself, or more than 8 feet from the end of the greenhouse wall. Additionally, any outside displays shall be contained within an enclosure such as a temporary fence. Advisory Planning Commission Minutes March 27, 2007 Page 3 of 16 8. Hours of operation shall be between the hours of 7:00 a.m. and 8:30 p.m. Monday through Saturday, and 10:00 a.m. and 6:00 p.m. Sundays. 9. This Amendment is intended to supplement and amend the existing Planned Development Agreement. All other conditions and provisions of the existing Planned Development Agreement shall remain in full force and effect. A vote was taken. All voted in favor. Motion carried: 7-0. Member Zoberi moved, Member Keeley seconded a motion to recommend-approval of a Planned Development Amendment for an extension of hours for the motor fuel station on property located at 3035 Denmark Avenue, legally described as Lot 3, Block 1, Eagandale Center Industrial Park Number 9, in the NE'/4 of Section 10 subject to the following conditions: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. There shall be an attendant at the fueling facility at all times during operating hours. 3. The motor fuel facility shall operate only between the hours of 5:00 a.m. and 10:00 p.m. Monday through Sunday. 4. This Amendment is intended to supplement and amend the existing Planned Development Agreement. All other conditions and provisions of the existing Planned Development Agreement shall remain in full force and effect. A vote was taken. All voted in favor. Motion carried: 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: March 19, 2007 CASE: 10-PA-03-02-07 APPLICANT: David Koecheler HEARING DATE: March 27, 2007 PROPERTY OWNER: Sam's Real Estate APPLICATION DATE: February 21, 2007 Business Trust REQUEST: Planned Development Amendment PREPARED BY: Sarah Schield LOCATION: 3035 Denmark Avenue COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REOUEST David Koecheler, on behalf of Sam's Club, is requesting approval of a Planned Development Amendment to allow a temporary greenhouse for seasonal outdoor sales as well as an extension of hours for the motor fuel station on property located at 3035 Denmark Avenue, legally described as Lot 3, Block 1, Eagandale Center Industrial Park Number 9, in the NE '/4 of Section 10. AUTHORITY FOR REVIEW Chapter 11, Section 11.40, 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 In 2000, the City approved an amendment to the Comprehensive Land Use Guide Plan changing the land use designation from Limited Industrial to Commercial Planned Development to accommodate the proposed Sam's Club retail use. With the adoption in 2001 of a City-wide update to the Comprehensive Guide Plan, the property was designated RC, Retail Commercial. ~8 Planning Report - Planned Development Amendment (Sam's Club) March 27, 2007 Page 2 The building was constructed in 2001, and in May of that year, an amendment to the initial Sam's Club Planned Development was approved to allow the addition of a liquor store to the building. A deviation from the minimum number of parking stalls was granted as part of the Planned Development. At the time of initial development, the plans showed the area on the .north end of the site as proof of future parking. In June 2002, once the building had been open for several months and no need for additional parking had been demonstrated, the City agreed to release Sam's from the proof of parking obligation. Sam's subsequently made application for a PD Amendment to add a motor fuel facility to the site in 2003. That application was denied by the City Council. The primary reason for the denial was that an improved access plan for the overall site needed to be addressed. The one year required time frame had passed since the denial, and Sam's submitted a new application for a fueling station with a redesigned site layout. The facility had been redesigned from the previous proposal, and the new plans showed modifications to the existing site access. This plan was approved in January 2005. EXISTING CONDITIONS The site is developed with a 137,400 sq. ft. Sam's Club store, which includes off-sale liquor and a 12 pump motor fuel sale operation with hours of operation between 6:00 a.m. and 9:00 p.m. on Monday through Saturday, and Sundays 9:00 a.m. to 7:00 p.m. The building is located on the south end of the property. Access to the site is provided from Denmark Avenue, opposite Clubview Drive. A drainage pond is located in the northeast corner of the site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Hotel PD, Planned Development BP, Business Park South Vacant (U.S. Postal Service) I-1, Limited Industrial IND, Limited Industrial East Southeast Tech Center (office) PD, Planned Development BP, Business Park West I-35E EVALUATION OF REQUEST Code Requirements - The City Zoning Code allows for seasonal outdoor sales as a conditional use within the commercial zoning districts of the city, subject to the adopted standards. The City Code defines a seasonal outdoor sale as "the outdoor storage and sale of goods within a duration of more than ten and less than 90 continuous days that are accessory to the principal use or structure." Section 11.10, subdivision 29.4 identifies performance standards for a seasonal outdoor sale. Seasonal outdoor sales also must comply with the standards applicable to temporary outdoor events outlined in Section 11.10, subdivision 29.3. This proposed CUP will be evaluated relative to these standards. 0 Planning Report - Planned Development Amendment (Sam's Club) March 27, 2007 Page 3 Description of Proposal - Sam's Club is proposing a temporary greenhouse for seasonal outdoor sales, and expanded hours for the motor fuel facility. Temporary Greenhouse - Sam's Club is proposing to add a 24 x 40 foot temporary greenhouse for seasonal outdoor sales to their property at 3035 Denmark Avenue. According to the applicant, the tent will "be located directly across from our exit door and placed in the middle of the parking lot by our center curb area". Also, the front of the tent will be fenced to provide security from theft of the seasonal merchandise. The items for sale will consist of hanging plants, potted plants, trees, shrubs, potting soil and mulch. Compatibility with Surrounding Area - Both requests appear consistent with the area. The existing development is commercial retail and this area is considered a part of one of the major commercial developments in the city. There are no residential properties neighboring the site. Duration - Sam's Club is proposing their season would be from April 1St to June 22nd annually. Only one seasonal sale or outdoor event may occur at one time. All sales should cease and the structures should be removed by July 1St each year. Grading/Storm Drainage - No new pavement will be added as a result of this permit. Parking - Parking will be provided on the property within the existing parking lot. There are currently 633 parking stalls provided to serve the 137,400 sq. ft. store. This exceeds the number of stalls required by the zoning ordinance. The greenhouse would occupy approximately 12 parking stalls. Seasonal Sales Standards - Additional standards apply to the evaluation of a Conditional Use Permit for Seasonal Outdoor Sales. The following is an evaluation of this proposal as it relates to each of those standards listed in Section 11. 10, Subdivisions 29.3 and 29.4. 1. Adequate off-street parking shall be provided to ensure that no obstruction or interference occurs with existing traffic patterns. The greenhouse is a temporary membrane structure, approximately 40 feet long by 24 feet wide. The proposed greenhouse occupies approximately 12 existing parking stalls in the middle of the parking lot. The greenhouse location will leave the handicapped accessible stalls open. 2. No portion of the event shall take place within any public right-of-way. A minimum setback of ten (10) feet shall be maintained from all property lines and no portion of the use shall take place within 100 feet of any abutting property line of any residential use or residential zoned property, which is not separated by public right-of-way. The sale area will satisfy all building and parking setback requirements. In addition, there are no abutting residential uses or residential zoned properties. lb Planning Report - Planned Development Amendment (Sam's Club) March 27, 2007 Page 4 3. The site shall be kept in a neat and orderly manner and the display of items shall not cover more than S% of the total lot as to not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. The sale area comprises 960 square feet of the 15-acre site. The greenhouse is proposed to be located over several existing parking stalls near the middle of the parking lot. The greenhouse will be separated from the main drive aisle by an existing concrete island, which defines the rows of parking. 4. All signs for the event shall comply with Eagan City Code sign regulations. The City Sign Code does not have specific standards for seasonal sales. There is no proposed signage for the temporary greenhouse neither outside the tent nor on the Sam's Club building. 5. Tents and temporary membrane structures having an area in excess of 200 square feet and canopies in excess of 400 square feet shall be subject to a building permit. Since the proposed structure exceeds 200 square feet, a building permit is required prior to construction each year. 6. The owner or operator of the event shall have the written permission of the fee owner of the property on which the event is located to use the specific site. The property owner is the applicant. 7. Hours of operation shall be subject to this Chapter's regulations governing hours of operation of commercial businesses. The applicant proposes greenhouse operations between the hours of 7:00 a.m. and 8:30 p.m. Monday through Saturday, and 10:00 a.m. and 6:00 p.m. Sundays, which is the same hours of operation as the store itself. 8. No parking shall be permitted on any adjacent parcel without the prior written permission of the adjacent parcel owner. All parking can be accommodated within the existing Sam's Club parking lot. 9. The sale area shall be within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the City. Sam's Club has proposed to have an 8-foot display area off the end of the greenhouse, which is similar to what has been approved at other locations within the City of Eagan. The outside displays must be contained within an enclosure such as a temporary fence, which Sam's Club has included in their proposal. 10. The sale shall not encroach into any required front building setback area or other required setbacks. The proposed sale area is located within Sam's Club principal building. No sales will take place at the greenhouse location. 11. The sale area shall not interfere with any pedestrian or vehicular movement. The drive aisles within the parking lot will remain open. No sidewalks. are impacted by the proposed sale area. ~I Planning Report - Planned Development Amendment (Sam's Club) March 27, 2007 Page 5 12. The sale area shall not take up required parking spaces or landscaping areas of the principal use. There is ample parking on-site. Based on the minimum parking requirements in the City Zoning Code, the 137,400 square foot retail center requires 455 parking stalls and 633 are provided. The proposed outdoor sales area is located within the existing parking lot and covers approximately 12 parking stalls. 13. The sale area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The sale area will be located within the existing parking lot, which has bituminous surfacing. The surface shall be properly maintained to prevent deterioration. Motor Fuel Station Extension of Hours - Sam's Club is proposing to extend the hours of their motor fuel facility from 5:00 a.m. to 10:00 p.m. seven days a week. Current hours are 6:00 a.m. to 9:00 p.m. Monday through Saturday, and 9:00 a.m. to 7:00 p.m. Sundays. At the time Sam's Club made their application for the Planned Development Amendment for the motor fuel facility, they proposed the hours of operation to be between 6:00 a.m. and 9:00 p.m. on Monday through Saturday, and Sundays 9:00 a.m. to 7:00 p.m. This was about one hour before and one hour after the regular store hours. The regular store hours are: Monday - Saturday 7:00 a.m. to 8:30 p.m. Sunday 10:00 a.m. to 6:00 p.m. During the review of the original motor fuel facility application, the hours of operation proposed by the applicant were approved. Now, Sam's Club would prefer their motor fuel facility to be open longer hours which would be similar to the hours of other Sam's Club stores in the area. Since this site is located more than 200 feet from residential uses and fronts on a major thoroughfare, City Code does not limit hours of operation. SUMMARY/CONCLUSION The applicant is proposing the seasonal outdoor sale of plants and plant products and a temporary greenhouse as well as extended hours of the motor fuel facility at 3035 Denmark Avenue. This type of commercial use and hours of operations appear compatible with other uses in this commercial area. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment for seasonal outdoor sales to allow a temporary greenhouse on property located at 3035 Denmark Avenue, legally described as Lot 3, Block 1, Eagandale Center Industrial Park Number 9, in the NE %a of Section 10. If approved, the following conditions should apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. Planning Report - Planned Development Amendment (Sam's Club) March 27, 2007 Page 6 2. The seasonal sales shall be allowed between the dates of April 1 and July 1 each year. 3. A building permit is required prior to construction of the greenhouse each year. 4. Only one seasonal sale or outdoor event shall occur at one time subject to City Ordinances. 5. All sales should cease and the structures should be removed by July ls` each year. 6. The site shall be kept in a neat and orderly manner and the display of items shall not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. 7. Any storage and display of plant materials outside the greenhouse shall not extend beyond the width of the greenhouse itself, or more than 8 feet from the end of the greenhouse wall. Additionally, any outside displays shall be contained within an enclosure such as a temporary fence. 8. Hours of operation shall be between the hours of 7:00 a.m. and 8:30 p.m. Monday through Saturday, and 10:00 a.m. and 6:00 p.m. Sundays. 9. This Amendment is intended to supplement and amend the existing Planned Development Agreement. All other conditions and provisions of the existing Planned Development Agreement shall remain in full force and effect. To recommend approval of a Planned Development Amendment for an extension of hours for the motor fuel station on property located at 3035 Denmark Avenue, legally described as Lot 3, Block 1, Eagandale Center Industrial Park Number 9, in the NE '/4 of Section 10. If approved, the following conditions should apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. There shall be an attendant at the fueling facility at all times during operating hours. 3. The motor fuel facility shall operate only between the hours of 5:00 a.m. and 10:00 p.m. Monday through Sunday. 4. This Amendment is intended to supplement and amend the existing Planned Development Agreement. All other conditions and provisions of the existing Planned Development Agreement shall remain in full force and effect. 3 Eagan Boundary ~ Parcel Area Location Map Park Area - Building Footprint V C. 16 eT i U or lw~ Sub"ect Site l ~ v*q J s 6 : 3 V PC e1 • 0 t_ G ~ ~ a ~M. a so vp 0 1 0 MEMBER 1 _J~T~`1 \ a(; - 1000 0 1000 2000 Feet aelaaaaaamwil Development/Developer. 3035 Denmark Avenue Application: Planned Development Amendment Case No.: 10-PA-03-02-07 Map Prepared using y Office ce of GI3.1. Parcel base map data provided N by Dakota County of GIS and is current as of April 2005. City of Faun THIS MAP IS INTENDED FOR REFERENCE USE ONLY W+ E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Sam's Club Land Use Map Planned Development Amendment 10-PA-03-02-07 Zoning Map `-1 T C.S.A.H. NO.26 (LONE OAK RD.) Location PD Current Zoning: 1-1 PD PD Planned Development PD PD A a w e z r n z W J ~ a d z a 1-1 0 m z z BP 00 600 0 600 1 06 Met ~n Comprehensive Guide Plan IND ' Land Use Map Rc ND 6D) C.SJLH. NO.26 (LONE OAK RD.) Location RC GC BP I Current Land Use Designation: t;c RC a RC ~6p~~ o Retail Commercial x W OlS O i IND °a Dz IND z BP o u 60D 0 600 1200 Feat F7 Pamal base map information provided by Dakota County Land Survey Department Dacmber 2005. v N Zoning InbnnaUon mainlined by City Stag. 1City of EajaIl W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this' information. S nom,. (c) Copyright 2006, Pictometry International 7 n eno-_ w an-run. « nau•na vas ar ,ea are rw.ws ev d M 7 J / I IBELYf 81"b/ 3AY.1NY1lMB~7lLGC V'fld s d~'1e C• . e. {/mowV'LOSSN 61tM~'DY'3 n.u,sre rs..-rv~Ir»14 aaaie,a U MOIILVIS l~A~ 971G~ S.MVS ~ y ~ rn yY~,~Y,dJ1~91~p8.L9Q3!!B awe . 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PAGE 05 O I I I ~ 60p _ III _ Ci h 000 U- - - - if i0o, / + I/ jj~~„Vwwyy s Q" jo~ Oil _ y.i ` ~03S d~~~'Y4e.Qc /d V~ ~i9~Q nl /jf/v- ~s7 2~ . ~OCA7)ort~ o~D x~d ~/vT l~/~CL ~ ~oC~~ VClem~ /p5b/ , 06/4 4/c IWAe-AIC Z07- 002 (.,&M`z~ Cu td A454 . 6e7E- 4/-,r,40 y of ~0uNsLiyaV ~ •h r ofovo 6ff-Aa041 1117 Xr.) ✓uN6 2Z, ZD7 %c-Xo, j (r;z-zoty) -~eoti1C'4'ld1, vo Aa CS11 a& 111110tvl~a Doti A4 Wew- it I~E'Ty ltJ<ct, J2-/o Aaers 4779Wt 7z) -7;V-6 / 99TS7, cS1~N~-6 ;x~ GcJGI~- B~ ~Go ~j~. ~S't~5~✓46~ j~r~ac~ , V htl- Cc% 467V,4 ay 77t/6c= (),4 1VO'Wr1Wk1-6ZV loll-lye RECEIVED FEB 2 12007 From: Ken Eaglehouse & Dave Koechler RECEIVED MAR 0 7 2007 Sam's Club 3035 Denmark Ave Eagan, MN 55121 To: Sarah Schield RE: Additional Addendum to narrative received 21 Feb. 2007 for Greenhouse application Date: 7March, 2007 Dear Sarah: Please consider the following additional requests regarding the greenhouse and our gas pumps. We request that the hours of operation permitted be amended to read as follows: 5AM to IOPM, seven days a week. Thank you for your consideration of this addendum. Please contact either of us with any questions at 651-405-0079 Best regards, Ken Eaglehouse Club Manager Agenda Information Memo April 17, 2007, Eagan City Council Meeting VII. NEW BUSINESS A. PLANNED DEVELOPMENT AMENDMENT AND FINAL PLANNED DEVELOPMENT- CERASIS ACTIONS TO BE CONSIDERED: To approve (OR to direct preparation of findings for denial) a Planned Development Amendment to change the approved use from daycare to office, upon approximately 1.95 acres located on property legally described as Lot 1, Block 3, Oakview Center, in the NW 1/4 of Section 12, subject to the conditions listed in the APC minutes. To approve a Final Planned Development for a 10,291 sq. ft. office building upon 1.95 acres (Lot 1, Block 3, Oakview Center), in the NW 1/4 of Section 12. REQUIRED VOTE FOR APPROVAL: At least three votes. FACTS: ➢ The site is vacant and consists of one platted lot. ➢ The applicant is proposing a one-story office building. ➢ NB setback, lot coverage and dimensional standards are satisfied. ➢ The applicant states they anticipate 36 employees at full growth. Therefore 38 parking stalls are provided and an additional 20 proof of parking stalls are proposed. ➢ The applicant must revise the landscape plan to remove any retaining walls from the drainage and utility easement. ➢ The Advisory Planning Commission held a public hearing on March 27, 2007 and recommended approval of the PD Amendment and Final PD. ➢ A Final PD Agreement will be executed before release of the building permit. ISSUES: None 60-DAY AGENCY ACTION DEADLINE: April 21, 2007 ATTACHMENTS (2): Draft APC Minutes of March 27,~ pages G2 through 83 Staff report, pagesBthrough ~ 01, Advisory Planning Commission Minutes March 27, 2007 Page 4 of 16 B. Oakview Center Applicant Name:Cerasis Location:xxxx Courthouse Lane; Lot 1, Block 3, Oakview Center Application: Planned Development Amendment A Planned Development Amendment to allow a single story office building. File Number: 12-PA-05-02-07 Planner Schield introduced this item and highlighted the information presented in the City Staff report dated March 19, 2007. She noted the background and history. Quinn Hutson, representing Cerasis, stated they are comfortable with all the proposed conditions. He stated the building materials proposed are a better quality than those previously established with the original PD in 1999. - Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Member Keeley moved, Member Jensen seconded a motion to recommend approval of a Planned Development Amendment to change the approved use from daycare to office upon 1.9 acres located south of Lone Oak Road and north of TH 55 on property legally described as Lot 1, Block 3, Oakview Center in the northwest'/4 of Section 12 subject to the following conditions: 1. A Final Planned Development shall be required and an agreement be prepared and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans are required-for the Final Planned Development: • Final Site Plan • Final Landscape Plan Final Building Elevations • Final. Signage Plan • Final Site Lighting Plan 2. All green and landscaped areas shall be irrigated. 3. The applicant shall submit a revised Landscape Plan that removes the retaining wall and landscaping from the drainage and utility easement located on the east side of the property. 4. The Landscape Plan shall be reviewed when the proof of parking area is developed and additional plantings may be required west of the drive aisle to appropriately screen the additional parking area. 5. This development shall install nine Category B trees to fulfill the tree mitigation obligation for Oakview Center as shown on the Landscape Plan. e~ Advisory Planning Commission Minutes March 27, 2007 Page 5 of 16 6. Site lighting shall be through 400 watt metal halide fixtures pole-mounted at a height of 20 feet. All fixtures shall be downcast and shielded to prevent glare. Any building mounted security lighting shall also be shielded and downcast to prevent glare. 7. Building signage shall comply with City Sign Code requirements. 8. This site is allowed one free-standing monument sign. All such signs must be set back a minimum of 10 feet from all property lines. 9. The monument sign base shall be constructed of the same materials used for the principal building. 10. The property owner shall be required to enter into an agreement with the City for the winter maintenance of the small portion of Courthouse Lane between the proposed east entrance and the temporary cul-de-sac, until Courthouse Lane is extended to the east, in a form acceptable to the City Attorney. A vote was taken. All voted in favor. Motion carried: 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: March 19, 2007 CASE: 12-PA-05-02-07 APPLICANT: Cerasis HEARING DATE: March 27, 2007 PROPERTY OWNER: Holiday Stationstores, Inc APPLICATION DATE: February 21, 2007 REQUEST: Planned Development Amendment PREPARED BY: Sarah Schield LOCATION: Lot 1, Block 3, Oakview Center COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REOUEST Steve Ludvigson, on behalf of Cerasis, is requesting approval of a Planned Development Amendment to allow the construction of a one story office building upon 1.95 acres of land located south of Lone Oak Road and north of TH 55 on property legally described as Lot 1, Block 3, Oakview Center in the northwest % of Section 12. The proposed office use constitutes a change from the previously approved "Oakview Center" Preliminary Planned Development that called for the construction of a daycare on the subject property. Approval of the requested amendment would simultaneously constitute approval of a Final Planned Development to be incorporated into a forthcoming PD Agreement. AUTHORITY FOR REVIEW PD Amendment: Chapter 11, Section 11. 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. Planning Report - Planned Development Amendment (Cerasis) March 27, 2007 Page 2 BACKGROUND/HISTORY Oakview Center was platted in 1999 and the Preliminary Planned Development for the entire site was approved at that time. The Oakview Center development consists of 8 lots. The entire site was graded and streets and utilities installed with the initial construction in 1999. Four of the lots have been developed - Holiday, McDonald's, a hotel and a retail strip center. The other four lots remain vacant. The two parcels that were designated for Class I restaurants in the approved Preliminary Planned Development received approval in April of 2006 for a PD amendment as well as a final plat to combine two lots to construct a hotel. Construction has not yet begun. EXISTING CONDITIONS The subject site is presently a vacant, platted lot. The property was previously rough graded. There are no wetlands on the site. The northwestern portion of the site is bordered by the edge of an existing tree grove. Access to the site is provided from the south from Courthouse Lane. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Single Family Home A, Agricultural SA, Special Area East Vacant PD, Planned SA, Special Area Development South TH 55 West Retail PD, Planned SA, Special Area Development EVALUATION OF REQUEST Compatibility with Surrounding Area - The proposed office use is consistent with the surrounding commercial retail and office uses. The property to the east is guided Special Area and is planned for Office Service Use. The proposed office would provide an appropriate transition from the retail to the west to the planned office to the east. Airport Noise Standards - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter of its Metropolitan Development Plan that anticipates the impacts from the continued operation of the airport at its current location. Planning Report - Planned Development Amendment (Cerasis) March 27, 2007 Page 3 Based on the Metropolitan Council Policy Contours adopted in 1996, the site is located within the one-mile buffer area of the 60 dB contour, placing it within Noise Policy Zone 4. The Met Council has recently adopted new land use compatibility guidelines, which incorporate the 2007 Noise Policy Contours. Under the new guidelines office use is a compatible use within Zone 4. Site Plan - The Site Plan shows a 10,291 sq. ft., one-story office building on the eastern portion of the site, with parking on the south and west sides of the building. The building's main entrance faces south. Access is proposed from Courthouse Lane. Bulk Standards - As a Planned Development deviation from typical zoning bulk standards may be allowed. Setbacks - The setbacks are consistent with ordinance requirements. The building is situated on the eastern side of the site. It is placed at the minimum required 30-foot setback from Courthouse Lane, and also exceeds 10 feet from the side lot line, and 20 feet from the rear lot line. Minimum Parking setbacks are proposed to be 20 feet from all public streets. Building Coverage - The proposed building coverage is consistent with ordinance requirements at 13%. Commercial district zoning standards allow 20% - 30% coverage. Building Height - The Zoning Code does not establish a maximum height requirement for Planned Developments. The proposed one-story office building, measures 26 feet at its highest point, as shown on the Elevations Plan. Green Space - The proposed green space is consistent with ordinance requirements. The green space calculation, including the proposed proof of parking area being built out, is 53%. This exceeds the minimum green space requirement of 30% of the lot. Building Elevations/Architecture - The Preliminary Planned Development included four packages of building materials and color combinations for use within the Oakview Center development. The applicant is proposing to use warm brown masonry, consisting of manufactured stone, cast stone, and Stucco. The use of Stucco is not consistent with the architectural materials specified in the Preliminary Planned Development, which call for brick and rock face block in an earth tone color. However, at the time the Preliminary Planned Development was approved, the City ordinance did not include architectural standards. The proposed materials, while deviating from the Preliminary Planned Development, would meet the current architectural standards of the ordinance, and also provide a transition from the existing retail, to the area to the east of the subject site, which is guided Special Area, and planned for Office Service use. 62- f Planning Report - Planned Development Amendment (Cerasis) March 27, 2007 Page 4 The proposed building architecture is one-story office building with a hip/mansard roof design and standing seam metal roof materials which are present in many of the other buildings. According to the applicant, "most notably, this project uses a significantly higher percentage of Class I materials (78%) than the existing buildings are allowed in the current PD resulting in an exterior that clearly exceeds the minimums of the newly enacted architectural standards ordinance". The building design does provide variations in materials to create both horizontal and vertical elements. The plans show many windows which add visual interest. Rooftop Equipment - The site plan identifies the roof top HVAC units to be screened by a mansard roof. Also, the elevations do not show the rooftop units. Therefore, the screening of the units meets the ordinance requirements. Trash Enclosure - The trash enclosure is attached to the west side of the principal building. Parking - City Code requires that parking be provided in the amount of one stall for each 150 sq. ft. of net leasable floor area. This calculates to a minimum required parking amount of 58 stalls. The applicant is proposing 38 parking stalls and proof of parking for an additional 20 stalls to meet the minimum ordinance requirements. According to the applicant, "Cerasis represents an especially light traffic impact since it has very few client visits and at full growth with this building, will only have an anticipated 36 employees". Parking stalls are proposed to be 10 feet wide by 19 feet deep; two-way driving aisles are proposed to be 24 feet wide. All dimensions are consistent with City Code requirements. Landscaping - The Landscape Plan appears to be acceptable except for the east side of the site. A variety of deciduous, evergreen and ornamental trees are proposed, with shrubs and perennial beds. Screening of parking areas from the public rights-of-way appears acceptable. The landscape plan identifies a retaining wall, as well as landscaping, within the drainage and utility easement on the eastern side of the property. This issue is discussed further under the Grading section of the report. Also, the landscaping does not propose to be irrigated. The City Code requires that Planned Development districts shall include underground irrigation systems. City staff suggests that if the proof of parking area is built out, that in place of the removed vegetation, additional shrubs and plantings be located west of the drive aisle, similar to the plantings shown on the landscape plan, east of the drive aisle. The additional plantings would assist with screening of the additional parking lot area. Site Lighting - City Code requires that on-site lighting be provided as is necessary for security, safety and traffic circulation. Illumination shall be indirect and diffused or shielded. Lighting shall not be directed upon public rights-of-way or adjacent properties and the source of light shall not be visible from off the property. Planning Report - Planned Development Amendment (Cerasis) March 27, 2007 Page 5 The Preliminary Planned Development included a Site Lighting plan. The approved site lighting uses 400 watt metal halide pole-mounted fixtures for parking lot lighting. Site lighting is proposed through free-standing pole-mounted lights that are "dark sky" friendly. These fixtures are to be mounted on 20' poles within the parking lot. The other Oakview Center buildings have used different fixtures, but are 400 watt metal halide and are shielded and downcast. Thus the proposed parking lot light fixture is consistent with the other buildings in this development, however, the proposed mounting height is lower at 20', the other parking lights are mounted at 25'. The applicant shall verify that the wattage will not exceed 400 watts. The photometric plan shows acceptable light levels except for the east side of the property. The applicant shall verify that the light levels at the eastern property line do not trespass onto the adjacent property. Excepting one parking stall with the 0.3 candlefoot level, the parking lot lighting achieves a minimum of 0.5 footcandles, with a high of 4.7 footcandles and an average of 2.10 footcandles. Light levels at the property lines are at most 0.4 footcandles. The average to minimum ratio is 4.2, suggesting fairly uniform light levels throughout the parking lot. Sig_nage - Cerasis is proposing building signage above the main entrance which includes both the south and west elevations. Because the Preliminary Planned Development did not specify requirements for building signage, building signage is subject to compliance with City Sign Code requirements. No monument sign is proposed. However, the Preliminary Planned Development agreement provided for individual lot monument signs and the City Code allows one free-standing sign per building. Grading(Storm Drainage - As previously mentioned, the lot was graded with the overall development of Oakview Center, and the proposed building construction will require minor grading. Grades and slopes on the site will remain generally as current, with the site sloping toward the south to Courthouse Lane. A storm drainage system was constructed with the Oakview Center development to provide service to this lot. Wetlands/Water Quality - There are no jurisdictional wetlands on the site. Water quality requirements for this site were previously satisfied with the first phase of the Oakview Center development. Utilities - Existing sanitary sewer and water main of sufficient size, depth, and capacity are available from Courthouse Lane for connection by this development. A City sanitary sewer pipe extends along the east edge of the property and is covered by a drainage & utility easement. The preliminary plans show a retaining wall within the easement, which may inhibit maintenance of the sewer pipe. All proposed retaining walls should be located outside easement areas. Planning Report - Planned Development Amendment (Cerasis) March 27, 2007 Page 6 Streets/ Access/ Circulation - Public street access is proposed at two driveway locations onto Courthouse Lane, a street with a temporary cul-de-sac that will be removed with the future extension to the east. Courthouse Lane is planned to provide frontage road circulation and access to Highway 55 for the area north of Highway 55. One of the proposed driveway locations is west of the existing temporary cul-de-sac, while the other is east of the cul-de-sac onto a portion of Courthouse Lane currently not served by City winter maintenance. The property owner should be required to enter into an agreement with the City, in a form acceptable to the City Attorney, for the winter maintenance of the small portion of Courthouse Lane between the proposed east entrance and the temporary cul-de-sac, until Courthouse Lane is extended to the east. Pedestrian circulation in the area is provided by a sidewalk on Courthouse Lane. Tree Preservation - This site is responsible for nine Category B trees to fulfill its share of the tree mitigation obligation for Oakview Center. These nine trees are shown on the Landscape Plan. Parks and Recreation - This development is responsible for cash park and trail dedications due at the time of building permit at the rates then in effect. The 2007 park rates are $1,737.00 per 1,000 square feet of building and the trail rates are $1,251 per net acre. Financial Obli ation - At this time, there are no pending assessments on the parcel proposed for platting. SUMMARY/CONCLUSION Cerasis is proposing to amend the Preliminary Planned Development for Lot 1, Block 3, Oakview Center by changing the approved use from a daycare to an office. The use appears compatible with surrounding uses; however, the proposal includes some deviations from development standards in the Preliminary Planned Development and from typical commercial zoning standards. It is a policy matter for City policymakers to determine whether the proposed change in use is acceptable and whether to accept the proposed deviations as part of the Planned Development approval use of different architectural materials than specified in the Preliminary Planned Development; and 20' light poles. Approval of the Planned Development Amendment would simultaneously constitute approval of a Final Planned Development. A Final Planned Development and execution of a Planned Development Agreement will be required prior to issuance of a building permit. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to change the approved use from daycare to office upon 1.9 acres located south of Lone Oak Road and north of TH 55 on property legally described as Lot 1, Block 3, Oakview Center in the northwest %4 of Section 12. Planning Report - Planned Development Amendment (Cerasis) March 27, 2007 Page 7 Approval of the Planned Development Amendment also constitutes approval of the Final Planned Development. If approved the following conditions shall apply: 1. A Final Planned Development shall be required and an agreement be prepared and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans are required for the Final Planned Development: • Final Site Plan • Final Landscape Plan • Final Building Elevations • Final Signage Plan • Final Site Lighting Plan 2. All green and landscaped areas shall be irrigated. 3. The applicant shall submit a revised Landscape Plan that removes the retaining wall and landscaping from the drainage and utility easement located on the east side of the property. 4. The Landscape Plan shall be reviewed when the proof of parking area is developed and additional plantings may be required west of the drive aisle to appropriately screen the additional parking area. 5. This development shall install nine Category B trees to fulfill the tree mitigation obligation for Oakview Center as shown on the Landscape Plan. 6. Site lighting shall be through 400 watt metal halide fixtures pole-mounted at a height of 20 feet. All fixtures shall be downcast and shielded to prevent glare. Any building mounted security lighting shall also be shielded and downcast to prevent glare. 7. Building signage shall comply with City Sign Code requirements. 8. This site is allowed one free-standing monument sign. All such signs must be set back a minimum of 10 feet from all property lines. 9. The monument sign base shall be constructed of the same materials used for the principal building. 10. The property owner shall be required to enter into an agreement with the City for the winter maintenance of the small portion of Courthouse Lane between the proposed east entrance and the temporary cul-de-sac, until Courthouse Lane is extended to the east, in a form acceptable to the City Attorney. Eagan Boundary N Right-of-way Para Location Map ~Park Area k Area - Building Footprint 14 eR 4 e P~ ® Subject Site 4 16 P ® T ~,~tRYNK ~e . as a t 9 Alp ° e. • IP ® e~ @ Q 0 m 0 4 's?4tE rR°e~ s sb 0 ® ~o'a ~e v<.. m m 'q® ~4 m m ~ ea ■ se ® • el ® m e s a • ® rP • t4 d ® f gogw ~ ~ ~ © H ® qrP P % 0 t ® C::D ® ® d \ ® M r PNKEE DOODLE aD.i 1000 0 1000 2000 Feet mmmm~ Development/Developer. Lot 1, Block 3, Oakview Center Application: Planned Development Amendment Case No.: 12-PA-05-02-07 Map Prepared using ERSI ArcVi w 3.1. Parcel base map data provided N by Dakota County Office of GIS and Is current as of April 2005 City of E8p THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S r•-........n.r o-vale-nt Deeartment not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Cerasis Land Use Map Planned Development Amendment 12-PA-05-02-07 Zoning Map PD A PD Location A Current Zoning: PD PO A 8r Planned Development 4~rRUNKMWY,pp s5 G 9~F~9 NB PD G,y f R-1 yo °o R-3 1-1 coo a Soo 1 0% hat .11 Comprehensive Guide Plan Land Use Map SA SA S RC Location SA Current Land Use Designation: RC SA O/S RC ~ 47Y~Vi'DL MWY. NO 55 Retail Commercial LD RC IND MD ? LD MD IND o 600 0 600 1100 Feet IND P-1 base map Information p-lded by Daketa C-ty Land Survey Department Decmher 2005. N Zoning information maintained by City Staff. 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 this information. S (c) Copyright 2006, Pictometry International q3 NNUOIL31"WIS~N../OO r 9NIOlIf1B 3JUi0 M3N CJ~~IVY t ~'s NR •HY0~3 ~ 6as .SISL'Jc~~ j~~ ~ a sisnae~ a D,5 P 6 y p$ y X " m a w LL m¢ m U' 09 am 3' 2"a e~ {m ua a0 aq' E A d n ~ < gg D w m: . a 2 ~ u u 0 m: 3 n H Zen Hm 7 H g n~°n $E `a m ~ 1=0 ~ mange- ii i u v - - - - - ,mom , CZ? I r l' y ~ i ' j / r i Ir ~y uNNv Quvu uw Wwv LY laQ.e,..ev - I eel....\.ei..M.a. i..,A.wAae.\..+•1•.1u Jim i4i 41, -1 _rt /I Iq is: d - - - - - - - % ~ i i `l aa~ sra -J Y = R 6 ISSU ' RGI dff B[. ASSOGLQ.ILs, Ina EXISTING CONDITIONS PLAN „f b„ ~ :l e, r..m rr..as.+gw u~-ai-aueMJUric SUiw.w • liXw,Miwwu miff ~J CERNSIS nQo.r_ i.um-v,f . CITY OF EAG/W 6. ti r _ wwECr ea m yea, r.e mom.fae 1r ' I 71 B9 00©O r~ r N i ~ I r~ r t' i its r t r / / , r j / Li. i Ili If! •Z t JJ / / I I • i j!' lil ;l( yr ~ ~ 1 ~ i t r i! u : ~ iii i t i I r i q I~ I i + t rG' i{ f I ~ j ~ l r _ 'lip 4 ~ f i 'I l a ~~IIIIiiI~ II'I $$t-ggee I. Issued r- ~i.,s"°. Rehder & Aasoaatc lni /j~ GRADING. DRAINAGE. EROSION CONTROL, n7P.r;P4 rr r~~., (7/'/ - LL ...r.7 k UTILITY PLAN C CERASIS CITY OF EOGAN on-m am Wr ne naemiae ~ f[= e 3 t~ F ~ I ~ Ir pf / i j fe I xIF t~~~ F F ~ / / N F p i a _F ~ _ e x R e x¢ Y c /y I ~ / . t 1 a /gym s F~ ri• ~ E~ / Ir~ aq \ ~ / I I _ Z56 i q5s / ICI . l / qS9 r./ I 1 1 I I ~ C) /e I C j ~ ~ it ~ I I I r ~ I I W ^s. \ ' \ III -i i~1 + \I~1 I ; p Hoisington Koeglet Group, InC. ILa rsm rmas...i CERASIS EAGMI. YWNESOTA ~ $ 6r rrwsoepu,. r - NEW or"U O"NG 97 L!D 1L11 N)p RQI LRl01 MILWIL'L M 5111♦np InU N-N9 ntt-Y NW W-NK IN 1)1I. 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C)_ U) C ° D ' r CERASIS N c<<ee< ce~~rttEfl pp° ~p{tlL7 DD4 g EACAN, MN mEW CiFlC E Bu1,D1NG g • CONSTRUCTION NEM nm RI Nr° fRf v4 w1 Ir1( w1R,Y Mu.-tfi M9 .1 . 7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124-7580 (952) 431-4433 ' p ' CERASIS - PLANNED DEVELOPMENT AMENDMENT NARRATIVE: February 21, 2007 The Cerasis Office Building is planned as the headquarters office building for this Eagan based company. It is to be located on Lot 1, Block 3, at the east end of the Oakview Center Planned Development. Cerasis is a web based third-party logistics company founded here in August of 1997. Since that time the company has grown steadily including being named to the Inc. Magazine's Inc. 500 in 2003 and Minneapolis /St. Paul Business Journal's Growth 50 in 2005 and Fast 50 in 2006. While making its home in Eagan, Cerasis also has branches in Chicago, Tulsa, Houston and Dallas. The proposed project is intended to break ground in early Spring of 2007 and be occupied by the end of the year. The design provides for a 10,921 square foot single story office building on this vacant lot currently designated as daycare on the existing Preliminary Planned Development. The building footprint is L-shaped with a variety of massing changes providing interest and a sense of scale. The exterior is a mixture of glass, stone, cast stone and stucco as shown on the attached Image Perspectives. The roofs consist of hip style mansard parapets on the main offices and a full hip roof topping the 1 %2 story tall lounge clerestory, both covered with prefinished standing-seam metal roofing. Surrounding the site is the frontage road and Highway 55 to the south and vacant lots designated as office or retail within the Oakview Center PD to the west. On the north side of the property is land zoned as Agricultural and listed as Rural Residential on the Zoning Map and shown as SA - Special Area on the Comprehensive Plan Map. This property currently holds single family residences but is screened by a large grade change and existing mature woods. The final property adjacency is the vacant land to the east which is also shown as SA - Special Area on the Comprehensive Plan Map. As an office building as proposed under the Planned Development Amendment instead of the current daycare, the project will be a lighter use both in terms of traffic and outdoor activity. This use will also be more compatible with future office uses to the west within Oakview Center as well as the anticipated office uses to the east. In addition, Cerasis represents an especially light traffic impact since it has very few client visits and at full growth within this building, will only have an anticipated 36 employees. Visually this building is designed to be compatible with the main elements of the existing Planned Development, although there is quite a variety of existing colors and materials between the retail center, Holiday, McDonalds and the hotel. The design of this office building includes warm brown masonry, cream stucco, hip / mansard roof shapes, and standing seam metal roof materials present in many of the other buildings; while providing an image appropriate for an office building instead of retail. Most notably, this project uses a significantly higher percentage of Class I materials (78%) than the existing buildings are allowed in the current PD resulting in an exterior that clearly exceed the minimums of the newly enacted architectural standards ordinance. The other upgrade from the original PD is changing from the 9'-0" wide parking stalls previously approved to the current ordinance width of 10'-0". P\PROJECTS\2006\06033\TEXnCITY REVIEW (SITE, CUP)\PROJECT NARRATIVEDOC /D2- 1~ The office building use proposed will have no negative impacts on the existing services built under the original Planned Development and will, in fact, reduce traffic on the roads, provide less impervious surface and the resulting stormwater runoff into the existing NURP pond, and have a slightly lower anticipated city water / sewer usage than a daycare of the same size. We submit that this use is a better fit for the site than the proposed daycare because it is a lower intensity use on a site that is further back from the roads directly accessing the highway and the collector streets. Secondly, it will be consistent with the anticipated uses on the adjacent sides instead of being a stand alone land use. Finally this use is abetter fit topographically as well since the daycare cannot easily use the steep contoured land at the back of the site for playground space, but it makes an excellent backdrop for the office and a buffer to the existing residences to the north. In summary, this Planned Development Amendment will result in a public benefit by providing a lower intensity use and one more consistent with the planned adjacencies. It upgrades the exterior building material classes as well as increases the parking stall width both to match or exceed current ordinance requirements. Finally, the Cerasis Office Building will provide a new, aesthetically pleasing corporate headquarters for this Eagan grown business. P\PROJECTS\2006\06033,TEXT\CITY REVIEW (SITE, CUP)\PROJECT NARRATIVE.DOC l~3 Agenda Information Memo April 17, 2007, Eagan City Council Meeting B. REZONING AND PRELIMINARY SUBDIVISION (DODD PARKSIDE) - DODD PARKSIDE, LLC ACTIONS TO BE CONSIDERED: To approve (OR direct preparation of findings of fact for denial) a Rezoning from A, Agriculture, to R-1, Single-family, of approximately 5.08 acres located at 4920 Dodd Road in the SW'/4 of Section 36. To approve (OR direct preparation of findings of fact for denial) a Preliminary Subdivision to create 12 single-family lots upon approximately 5.08 acres for property located at 4920 Dodd Road in the SW`/4 of Section 36, subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The development site was platted in 1991 and contains a single family home, barn and swimming pool on the southwest portion of the property. The site is mostly open and slopes to the west and north with large variations in topography. ➢ Access is proposed from Dodd Road via a new public street. The existing home will remain with retaining walls added to accommodate the existing and new grades. ➢ The development is designed for future extension to encompass additional property to the south. A temporary cul-de-sac is proposed at the end of Street "B" and a maintenance agreement is proposed in lieu of a temporary cul-de-sac for a small segment of the public street leading from the existing house driveway. Sanitary sewer is not readily available to the site and development will require the construction of a lift station. The developer has petitioned the utility and lift station improvements and the City Council has authorized preparation of a feasibility report. ➢ Because of the proximity to Hwy. 3 and the gun club, sound abatement construction standards should be employed to reduce interior noise levels. ➢ Cash park and trail dedications will be due at the time of Final Subdivision for 11 lots. ➢ The Advisory Planning Commission held a Public Hearing on March 27, 2007 and is recommending approval. ISSUES: ➢ One neighbor at the public hearing stated concern with drainage and possible assessments associated with the public improvement project. ➢ A representative of the Gun Club expressed concern about the addition of new homes and compliance with the Shooting Range Protection Act of 2005. 60-DAY AGENCY ACTION DEADLINE: Deadline expires May 5, 2007 ATTACHMENTS (2)- Draft Draft APC minutes on pages / report on pages lQbthrough [0q Advisory Planning Commission Minutes March 27, 2007 Page 7 of 16 D. Dodd Parkside Applicant Name:Dodd Parkside LLC Location:4920 Dodd Road; Lot 2, Block 1, Skyview Application: Rezoning A Rezoning of 5.08 acres from Agriculture (A) to Residential Single family (R-1). File Number: 36-RZ-02-02-07 Application: Preliminary Subdivision A Preliminary Subdivision of 5.08 acres. File Number: 36-PS-02-02-07 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated March 21, 2007. She noted the background and history. Chair Hansen opened the public hearing. David Johnson, West End Gun Club, presented information on the "Shooting Range Protection Act of 2005." - City Attorney Bauer spoke to the Act and how the provisions of same would be met. Wayne Schwanz, 4900 Dodd Road, stated concern for drainage and the potential for assessments for the proposed sanitary sewer lift station and utility extensions. There being no further public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Staff addressed the concerns for setback requirements, drainage, building lot coverage, and the Feasibili ')eing prepared that would identify benefiting properties and the City Council's potentiE for assessments._ Membi moved, Member Feller seconded a motion to recommend approval of a Rezor....;,_ A, Agricultural; to R-1 Single-Family Residential upon 5.08 acres located at 4920 Dodd RRoad, legally described as Lot 2, Block 1, Skyview in the SW '/4 of Section 36. A vote was taken. All voted in favor. Motion carried: 7-0. Member Keeley moved, Member Feller seconded a motion to recommend approval of a Preliminary Subdivision to create 12 lots upon 5.08 acres located at 4920 Dodd Road, legally described as Lot 2, Bock 1, Skyview, in the SW '/4 of Section 36 subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: Al, B1, B2, B3, B4, C1, C2, C3 and D1 2. The property shall be platted. /05 Advisory Planning Commission Minutes March 27, 2007 Page 8of16 3. Architectural design and construction methods should incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA on those structures adjacent to Hwy. 3 and those within 750' of the Gun Club. 4. The developer shall record a covenant or declaration as notification to future buyers that the development is within 750' of the Gun Club. 5. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to final subdivision approval. 6. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 7. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 8. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 9. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part-of this development. 10. The developer shall obtain a MNDOT drainage permit prior to final subdivision approval for the proposed outlet drainage onto Highway 3 'right-of-way. 11. The outlet from the proposed pond shall be constructed with an outlet skimmer structure in accordance with City engineering standards. 12. The developer shall provide storm water management to control rates of storm water runoff to adjacent properties, to less than or equal existing runoff rates. 13. A pubiic improvement project and award of a contract providing for the construction of a lift station to`serve the development and the surrounding area, shall be approved prior to final subdivision approval for this development. 14. The developer shall be responsible for the extension of water main within Dodd Road to the development. 15. The proposed street (Street B) shall be constructed with a temporary cul-de-sac turnaround with a pavement diameter minimum of 90 feet, in accordance with City code and the preliminary site plan. 16. The developer shall provide a temporary public easement over the temporary cul-de-sac in the southeast corner of the development. 10('10 Advisory Planning Commission Minutes March 27, 2007 Page 9of16 17. The developer shall be required to enter into an agreement with the City for the winter maintenance of the small portion of the public street leading from the existing house driveway, in a form acceptable to the City Attorney. 18. This development shall be responsible for a warranty requirement stating that any preserved/transplanted tree which is not alive or in a healthy state, as determined by the City, or which subsequently dies due to construction activity within one (1) year after the date of project closure, shall be removed by the Applicant and replaced with a new, healthy tree meeting the same size requirements within eight (8) months of removal. 19. This development shall be responsible for a cash parks dedication for the newly created lots. 20. This development shall be responsible for a cash trails dedication for the newly created lots. 21. To be compliant with standards set forth in the Water Quality Management` Plan, this development shall construct the stormwater treatment basin in accordance with City standards. The area of the parcel that does not drain to the basin shall be subject to water quality cash dedication. A vote was taken. All voted in favor. Motion carried: 7-0. - 10-7 PLANNING REPORT CITY OF EAGAN REPORT DATE: March 21, 2007 CASE: 04-CG-01-02-07 APPLICANT: Dodd Parkside, LLC HEARING DATE: March 27, 2007 PROPERTY OWNER: Dodd Parkside, LLC APPLICATION DATE: March 7, 2007 REQUEST: Rezoning and PREPARED BY: Pamela Dudziak Preliminary Subdivision LOCATION: 4920 Dodd Road COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: A, Agricultural SUMMARY OF REQUEST The applicant is requesting approval of a Rezoning from A, Agricultural, to R-1, Single-Family Residential and a Preliminary Subdivision to create 12 lots upon 5.08 acres located at 4920 Dodd Road in the SW'/4 of Section 36. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: f Planning Report - Dodd Parkside March 27, 2007 Page 2 A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent properly. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." oq Planning Report - Dodd Parkside March 27, 2007 Page 3 BACKGROUNDMISTORY The subject site was platted in 1991 as Lot 2, Block 1, Skyview. A single family home, barn and swimming pool are located on the property. The home was constructed in 1991. EXISTING CONDITIONS The site is mostly open and slopes to the west and north with large variations in topography. The existing home and barn are located on the southwest portion of the property. Access to the site is provided via Dodd Road, and the property abuts Hwy. 3 to the east. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Single-Family Home A, Agricultural LD, Low Density Residential South Single-Family Home A, Agricultural LD, Low Density Residential East Hwy. 3/Gun Club State right-of-way/Park State right-of-way' Park and Recreational Open Space West Dodd Rd./Lebanon Hills P, Park P, Park and Recreational Open Regional Park Space EVALUATION OF REQUEST Proposal - The applicant is proposing to subdivide the site into 12 single-family lots ranging in size from 12,014 to 22,735 sq. ft. The existing single-family home will remain on Lot 2, Block 2. Access is proposed from Dodd Road. The proposed development is designed for future extension to encompass additional property to the south. Compatibility with Surrounding _Area - The proposed R-1 zoning is consistent with the LD, Low Density, land use designation in the Comprehensive Guide Plan. The site is located east of Lebanon Hills Regional Park and west of Hwy. 3. Across Hwy. 3 to the east is the West End Gun Club. To the south and north are single-family homes, both on approximately 5-acre lots. Further north along Dodd.Road similar large lots have been redeveloped into R-1 zoned single- family subdivisions within the past 5-10 years. Further south along Dodd Road is Roseagan and the VFW properties which abut 120'' Street in Rosemount. Because of the proximity of the development site to the West End Gun Club, the developer should establish a covenant or declaration to be recorded with the plat that would serve as notification to buyers of the nearby gun club. Prior to Final Subdivision approval, a map overlaid onto the development Site Plan showing the land within 750' of the gun club should also be ![D Planning Report - Dodd Parkside March 27, 2007 Page 4 provided. The 750' distance is based on the provisions in State Statute regarding new development or construction near an existing "outdoor shooting range." Airport Noise Considerations - This site lies outside the airport noise policy zones. Noise Abatement - Chapter 13.20, Subd. 15 states "Where a plat is located along a freeway, major arterial or other area which generates high volumes of noise, the subdivider shall be required to prepare a plan to provide noise abatement. Said plan shall provide for noise abatement through architectural site design, the construction of earth berms, dense vegetation, walls, or the combination thereof or similar means which shall be reviewed and approved by the City. Such barriers shall be constructed in accordance with PCA standards for the appropriate land use." The applicant has provided a noise abatement plan which provides for planting a double row of Colorado spruce trees along the east boundary of the development site. The effectiveness of the proposed trees in abating traffic noise is questionable. The site topography is such that the Hwy. 3 is approximately 20 feet below the grade of the proposed lots (elevations of __940 vs. rear level elevations of -959). As a result, noise abatement through berming, landscaping or fences is difficult. There are also overhead power lines within the state right-of-way adjacent to the property and the applicant should ensure that the trees do not conflict with the overhead lines. Given the proximity to Hwy. 3, the gun club to the east, and the topographic challenges with providing noise abatement through site improvements, it may be appropriate to employ noise reduction construction techniques for the new single-family homes similar to what is utilized in areas subject to airport noise. Thus, architectural design and construction methods should incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA on those structures adjacent to Hwy. 3 and those within 750' of the gun club. Density - The proposed 12 lots on 5.08 acres results in a density of 2.36 units per acre. Lots - Lot sizes range from 12,014 to 22,735 sq. ft. in area. Minimum lot width (85') and lot area (12,000 sq. ft.) standards are met for R-1 zoning. The developer should note that although all of the proposed lots satisfy the minimum R-1 area standards, building coverage is limited to 20% of the lot area. Allowable building coverage areas for each lot are noted on the Site Plan and range from 2,403 sq. ft. (Lot 4, Block 1) to over 4,500 (Lots 6 and 7, Block 1). The basic rectangular building pad shown on the Site Plan is approximately 65' x 50', which results in a 3,250 sq. ft. footprint, and exceeds the allowable building coverage area for 8 of the 12 proposed lots. The developer should be aware that actual building sizes will need to be reduced from the conceptual pads shown on the plans in order to comply with the maximum 20% building to lot area coverage ratio. III Planning Report - Dodd Parkside March 27, 2007 Page 5 Setbacks - The minimum setback for front yards is 30 feet, for rear yards is 15 feet, and for side yards is 10 feet for living space and 5 feet for a garage. Building pads will be constrained on several of the lots with multiple street frontages. Lots 6, 7 and 8, Block 1, will have a 50' setback from the Hwy. 3 right-of-way. Five of the other lots (Lot 1, Block 1, and Lots 1 and 2 of Blocks 2 and 3) are corner lots, and front yard setbacks apply along both rights-of-way. Grading./ Existing Topography - The site is generally open and slopes to the west and north. There are large variations in topography on the site, with elevations ranging from 972 to 933. Large retaining walls (approximately 15-feet total height) are proposed adjacent to the existing house to maintain the house on site and provide for public street access. Another large retaining wall is proposed adjacent to the new storm water pond in the northeast corner of the site. A detailed grading, drainage, erosion, and sediment control plan should be prepared in accordance with current City standards and codes prior to final subdivision approval. All erosion/ sediment control plans submitted for development and grading permits should be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, should have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Erosion control measures should be installed and maintained in accordance with City code and engineering standards. Storm Drainage - The preliminary storm drainage plan is acceptable with modifications. The storm water runoff from a majority of the development is proposed to drain via public storm sewer to a new storm water pond in the northeast corner of the site, before discharging to the MNDOT right-of-way of Highway 3. The developer should obtain a MNDOT drainage permit prior to final subdivision approval. The outlet from this pond should be constructed with an outlet skimmer structure in accordance with City engineering standards. The developer should also provide storm water management to control rates of storm water runoff to adjacent properties to less than or equal existing runoff rates. This proposed development is located in the area that ultimately drains to Lebanon Hills Regional Park (LHRP) from Pond LP-23. The Park has experienced several significant flooding events in recent years. The City Council has approved a public improvement project (City Project No. 905) consisting of the construction of storm sewer improvements in southeast Eagan. The improvements will provide the managed delivery of drainage from southeast Eagan (including this development) into and through Lebanon Hills Regional Park (LHRP) by way of Marsh Lake and McDonough Lake to the public storm sewer system at Pond LP-51 and the Holland Lake lift station near Cliff Road. The project will address the storm water runoff needs of LHRP's drainage outlet near Cliff Road and the eastern portion of LHRP. l I2. Planning Report - Dodd Parkside March 27, 2007 Page 6 Water Quality -This proposed subdivision is in the uppermost part of the City's LP1-Watershed, which is associated with Lebanon Hills Regional Park directly west and on the other side of Dodd Road. The developer proposes to meet City stormwater quality requirements primarily by constructing one storm basin to pre-treat runoff from most of the parcel before it drains offsite to the northeast, alongside State Highway 3. The remainder of the parcel that does not drain to the basin would be subject to water quality cash dedication. Because consideration of this proposed development is very near to the timing of final consideration by the City Council of the draft Water Quality and Wetland Management Plan, it seems appropriate for the developer to consider meeting the following proposed policies of the Plan: • Policy 3.1- Require new development activity creating more than % acre of new impervious surface to achieve no-net-increase of total phosphorus (TP) and total suspended solids (TSS) loading or to meet removal performance criteria of 50 percent TP and 80 percent TSS, whichever is more restrictive. This policy (proposed) protects the quality of downstream resources and complies with nondegradation requirements of the NPDES MS4 permit (Staff note: Eagan's MPCA stormwater permit). • Policy 3.3 - Require infiltration of the first one-half inch of stormwater runofffrom any rainfall event from the entire site of new development activities. At its discretion, the City may modify or waive this requirement, based on consideration of any of the following: 1) soil borings indicate unsuitability for infiltration (e.g., hydrologic soil types C or D); 2) infiltration of the equivalent runoff volume is accomplished elsewhere within the same City sub-drainage district; 3) the potential of groundwater contamination exists due to such variables as, but not limited to, the following: i) geology that exposes aquifer vulnerability (e.g., karst, shallow bedrock, etc.); or ii) land use that causes high pollutant and sediment levels in stormwater (e.g., industrial areas, high vehicular traffic rights-of-way, etc.); or 4) other circumstances that may affect feasible and prudent implementation of this policy. This policy (proposed) protects the quality of downstream resources by eliminating up to 75 percent of the annual runoff, as well as reducing TP and TSS. • Policy 3.4 - Collect cash dedications in lieu of on-site treatment for water quality capital improvements, at the City's discretion. 1 1-,f) Planning Report - Dodd Parkside March 27, 2007 Page 7 This policy (proposed) recognizes that it will not always be desirable and/or feasible for development/redevelopment activity to comply with on-site mitigation requirements as outlined in Policy 3.1. This provision provides another alternative to achieve compliance with those policies by financing off-site improvements. Wetlands - There are no wetlands associated with this parcel. Utilities - Sanitary sewer is not available to this site. Due to the topography of the area along south Dodd Road (south of Farm Road), gravity sanitary sewer service is not readily available to this property and others in the area, and will require the construction of a lift station. The developer has petitioned the City for the lift station improvements, and the City Council has authorized the preparation of a feasibility report by the City's engineering consultant to determine the scope, cost, schedule, and method of financing for the construction of these public improvements, under City Project No. 951. A public improvement project and award of a contract providing for the construction of a lift station to serve the development and the surrounding area, should be approved prior to final subdivision approval for this development. Existing water main is located at Dodd Road and Farm Road right-of-way and not readily available to the development. The developer should be responsible for the extension of water main within Dodd Road to the development. All existing well and septic systems on the site should be abandoned in accordance with Dakota County and City standards as part of this development. Streets/ Access/ Circulation - Public street access for the development will intersect with Dodd Road. The developer is proposing to construct a temporary cul-de-sac on "Street B" through the development in the southeastern corner of the site. This street will be extended south with the possible future development of Lot 3, Block 1 Sky View (4940 Dodd Road). The proposed street should be constructed with a temporary cul-de-sac turnaround with a pavement diameter minimum of 90 feet, in accordance with City code and the preliminary site plan. The developer is also proposing the stub a public street near the existing house on Lot 2, Block 2, without a temporary cul-de-sac. The developer should be required to enter into an agreement with the City for the winter maintenance of the small portion of the public street leading from the existing house driveway. This street will also be extended south with the future development of Lot 3, Block 1 Sky View. Easements/ Permits/ Right-of-Way - The developer should dedicate temporary public easement over the temporary cul-de-sac in the southeast corner of the development. II Planning Report - Dodd Parkside March 27, 2007 Page 8 Financial Obli a~ tion -There is a pending trunk storm sewer assessment for City Project No. 905 - Lebanon Hills Regional Park/ Cliff Road Trunk Storm Sewer Improvements on the parcel proposed for platting, in the amount of $21,022. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, the following estimated charges will be collected at time of final subdivision or connection to the City's utility system. The final charges will be computed using the rates in effect at time of connection or subdivision. The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision or plat, with due allowances for easements and right-of-way required with the plat: Improvement Use Rate Quantity Amount Sanitary Sewer Trunk SF $1,1501 lot 12 lots $13,800 Water Trunk SF $1,200/ lot 12 lots $14,400 Total $28,200 Tree Preservation - A tree inventory submitted with this application indicates the existence of the following significant vegetation. Species Avg Diameter Dia. Range Count Percent of Total Spruce 10" 85)-14" 8 40.0% Pine 8" 6"-14" 5 25.0% Birch 7.5" 6"-9" 2 10.0% Elm 12.5" 12"-13" 2 10.0% Oak 20" 20" 1 5.0% Willow 14" 14" 1 5.0% Ash 9" 9" 1 5.0% The development as proposed will result in the removal of three (3) significant trees (15 % of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, multiple-lot, single-unit residential) is set at 40.0% of the total significant trees. With a proposed removal less than the allowable amount, there is no required tree mitigation for this proposal. Seven (7) trees inventoried by the applicant have been exempt from the tree inventory because they are located off the applicant property within Dodd Road right-of-way. The applicant will not be responsible for the potential removal/maintenance of these trees. They may be trimmed or removed by city staff, following site development, to eliminate any potential sight-line obstructions. In an attempt to preserve on-site existing significant trees the applicant proposes to transplant seventeen (17) significant trees to a holding area on-site (lot 8), then re-transplant them to various on-site areas following construction. Specific trees to be transplanted are trees number 16508, 16509, 16510, 16511, 16512, 16513, 16514, 16517, 16518, 16519, 16520, 16521, 16522, t Planning Report - Dodd Parkside March 27, 2007 Page 9 16523, 16524, 16525, and 16526. These transplanted trees are counted in staff calculations as being preserved, therefore will not need to be mitigated at the time of construction. However, according to the City of Eagan Tree Preservation Ordinance, a warranty requirement shall be applied stating that any preserved/transplanted tree which is not alive or in a healthy state, as determined by the City, or which subsequently dies due to construction activity within one (1) year after the date of project closure, shall be removed by the Applicant and replaced with a new, healthy tree meeting the same size requirements within eight (8) months of removal. Parks and Recreation - This development is responsible for cash park and trail dedications for the I 1 lots payable prior to release of the final plat for recording, at the rates then in effect. SUMMARY/CONCLUSION The applicant is requesting approval of a Rezoning from A to R-1 and a Preliminary Subdivision to create 12 single-family lots upon 5.08 acres located at 4920 Dodd Road in the SE '/4 of Section 36. The site contains an existing single-family home, barn and swimming pool. The proposed subdivision consists of subdividing the site into 12 single-family lots. Access is proposed from Dodd Road via a new public street. The existing home will remain with retaining walls added to accommodate the existing and new grades. The proposed development is subject to R-1 zoning and all lots appear to satisfy those standards. Because of the proximity to Hwy. 3 and the gun club, sound abatement construction standards should be employed to reduce interior noise levels. The development is designed for future extension to encompass additional property to the south. Sanitary sewer is not readily available to the site and development will require the construction of a lift station. The developer has petitioned the lift station improvements and the City Council has authorized preparation of a feasibility report. Much of the tree preservation is to be accomplished through transplanting of existing trees within the site. As such, there is no required tree mitigation, however, the developer is responsible for replacing any transplanted trees that do not survive. Cash park and trail dedications will be due at the time of Final Subdivision for the net increase of 11 lots. ACTION TO BE CONSIDERED To recommend approval of a Rezoning from A, Agricultural, to R-1, Single-Family Residential upon 5.08 acres located at 4920 Dodd Road, legally described as Lot 2, Block 1, Skyview in the SW %4 of Section 36. To recommend approval of a Preliminary Subdivision to create 12 lots upon 5.08 acres located at 4920 Dodd Road, legally described as Lot 2, Bock 1, Skyview, in the SW '/a of Section 36. If approved, the following conditions should apply. 11~ Planning Report - Dodd Parkside March 27, 2007 Page 10 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: A1, B1, B2, B3, B4, Cl, C2, C3 and D1 2. The property shall be platted. 3. Architectural design and construction methods should incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA on those structures adjacent to Hwy. 3 and those within 750' of the Gun Club. 4. The developer shall record a covenant or declaration as notification to future buyers that the development is within 750' of the Gun Club. 5. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to final subdivision approval. 6. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 7. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 8. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 9. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 10. The developer shall obtain a MNDOT drainage permit prior to final subdivision approval for the proposed outlet drainage onto Highway 3 right-of-way. 11. The outlet from the proposed pond shall be constructed with an outlet skimmer structure in accordance with City engineering standards. 12. The developer shall provide storm water management to control rates of storm water runoff to adjacent properties to less than or equal existing runoff rates. 13. A public improvement project and award of a contract providing for the construction of a lift station to serve the development and the surrounding area, shall be approved prior to final subdivision approval for this development. 11-/ Planning Report - Dodd Parkside March 27, 2007 Page 11 14. The developer shall be responsible for the extension of water main within Dodd Road to the. development. 15. The proposed street (Street B) shall be constructed with a temporary cul-de-sac turnaround with a pavement diameter minimum of 90 feet, in accordance with City code and the preliminary site plan. 16. The developer shall provide a temporary public easement over the temporary cul-de-sac in the southeast corner of the development. 17. The developer shall be required to enter into an agreement with the City for the winter maintenance of the small portion of the public street leading from the existing house driveway, in a form acceptable to the City Attorney. 18. This development shall be responsible for a warranty requirement stating that any preserved/transplanted tree which is not alive or in a healthy state, as determined by the City, or which subsequently dies due to construction activity within one (1) year after the date of project closure, shall be removed by the Applicant and replaced with a new, healthy tree meeting the same size requirements within eight (8) months of removal. 19. This development shall be responsible for a cash parks dedication for the newly created lots. 20. This development shall be responsible for a cash trails dedication for the newly created lots. 21. To be compliant with standards set forth in the Water Quality Management Plan, this development shall construct the stormwater treatment basin in accordance with City standards. The area of the parcel that does not drain to the basin shall be subject to water quality cash dedication. I I~ STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory .agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City`s Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 LTS#5 STANDARD.CON 1 ^ ~ LLIJ Eagan Boundary /V Parcel Area Location Map Park Area - Building Footprint ap ® t a • ° t~'wn~~bie~ sl I 1 ,a 'v ~ ~1 • ® IP •4 s A ®o A : ~ : , + i o.. e s e f ® 0 • d ® ° ® ~ ♦ a s p d+ P t►® • t ® O ®G b a e' ' •r lk IV dld ~Kf 0 i b~ T m ~ a is aiP a a ' ~ an 9 0: a ~ s as o c~~ a ® m ®es 4 Q P Ile m e all 11 a ° I A b`• ♦ tl~~•E o e e6 e3 b ua>~ 4r b a Sub'ect Site an C, s 1 Q ` e Kos mount a 1000 0 1000 2000 Feet Development/Developer.. Dodd Parkside (4920 Dodd Road) Application: Rezoning/Preliminary Subdivision Case No.: 36-RZ-02-02-07; 36-PS-02-02-07 Map Prepared using FRSI ArcView 1.1. Parcel base map data provided N by Dakota County Office of Gig and Is current as of April 2005. 12-1 City of Nip THIS MAP IS INTENDED FOR REFERENCE USE ONLY W+8 The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Dodd Parkside Rezoning & Prelim. Subdivision 36-RZ-02-02-07 & 36-PS-02-02-07 Zoning Map A R-1 b r' R-1 7 Current Zoning: PF A g NB NB ~.1 A Location Agriculture A P P A A p A we o coo 1200 P.M D Comprehensive Guide Plan P Land Use Map LD L ®r LD d D QP LD g I RC IND P Current Land Use Designation: Location LD LD Low Density Residential P P LO LD coo 0 600 12DO Fast zD Paroei base map information provided by Dakota County Land Survey Department Docmber 2005. N Zoning information maintained by City Stall, f City of Ear THIS MAP IS INTENDED FOR REFERENCE USE ONLY 1 2 W +E The City of Eagan and Dakota County do not guarantee the accuracy of this information. S ' s7.`.:~' ' `F•fys'~~`S ~ ..ggam~,,,,.~ °6~+a.7i.~ v w.-- ~ ,s, yz ,fir-~+.~.y„ wr '~^~s ' s zi.~ J~ ~~e k ks £ e, t-~'~F" f p' a Jf J ~ J''' ~'sf y?'Ys f,i ~},f~a c-. } V ; ~ j,' 5 IV, `r y.. 4A Ti 2 '7i -7 ~.,aine~- t 'f,z~ y i g^[ 1 9 ; F 9 ,'~,SµW'YrTt 7[JJi}.>y 7'. 4t' b 1 (i ~ Ire Y t• 4 y1- '"i ~ L S y ~ , N.S. W"rL~ t ✓ ~ 2 MR- ._--mfr. S}' { - `.all _ - - - " t} ` L w a 4 - i _ _ _ - - • - ii- ~ - '4 _ e~ti - r ♦4 o~ . ~ A - / - ' ~ ~ , ~ / ~s`c.~E ~s~ti'. ~ ' , 4 ~ y ~ {4.222e~~s P` / ,r f ' "i 4~ 5 4 . ~ ~y GO~O\,~~Or1 a~o~ i 9 s r5~ 3 e . ah~P4' vyo V00 ~ Raq~ G g II. 1 STATE TRUNK HIGHWA Y NO : 3 ga' PRELIM. ABATEMENT PLAN DODD PAPMIDE James R. Hill, Inc. PRELIMINARY ABATEMENT PLAN PLANNERS / ENGINEERS / SURVEYOR5 DODD PARKSIDE, LLG A ttETi.PT pF.E QMA YM lSiN _ 4~av. ~s:INiNf ul ) pYp:aHl i fR >•,a~ JLl ~WJJ16.HVd d Q ~I(rtI :1QY m N ~v Zo ZW I .M1S x, ~~i ,a y fW m+.~ .N~yK~rrS~~ YT~i..'~~ L al O _ tlR5 .w ~ml m ~p mR ~ ~ o ~ ~ ~ U w SaoA3Aarx / Sa33NIOW / S83NNVld dVid Aavrungad o ~ s 4- U T 4 ~ a .3ue `11!H .8 sawed aaisxzrv(f aaoa 3.91,£sLOS LO SO£ / i i Will a 1 v 1 1 1 ' I ~ aa.4 3~a 6~ w1 ' I I I I I I 1 1 ' 1 I ' 1 I ' ly I I Iq 1 I 0' I" 'R 1 I mil 1 ~ I ~ ad ` o v.n 1 " / I <a / z e ij- 1 I I 1 ' 1 I r J I 1 y y In_ I I ; N° I' y ' '9QQ13w~ W g n ~u8 r"----------------l I- 1 y (n Vie s 4:; hill 1 1 e i¢ I I 1 1 n I _ ~ I I I a iY _-J j r R 1 \ Im s I R I _ \ _ \ / w w a . i -7 oq 1 ~ ~ ~Q/ a// i = u % ~ I u FYy C4 i I 1 1 i ~ry _ I i 1 1 N / T/ I b ~ Z 7~ C \ e• + Y'S F rccy ~ ( ; ~ ~ Sir \ \ arlt \ ,<^'< ",yam i ad d L71 J'1'I'Sai 5~2 AW „iqNd 0004 'm Flo ~ ~g W q „ sml ....w~aeo °wl .w..>.w..a Mnd WS AHYXIKnZId 3 0° q, on sao~nans / sa33hMN3 / sa3NNYld 1 `~~IH '8 sewer aarsxzlva aaoa NV-1d 311S ' MUcl Qg~iEt E g I 1 I[ 1 I { ^ 5yb ms-q~ I 1 s ,r I I r=/ 1 I I i, a9zbi i I a 9~ta I (I y7X =m! 1 1 I I" X law 1 1 I I I I a' I I Ji 1 L_ Li um - J 1 I l 7 -47 ~I £iu°: I I o ae 1 I I - ` a e^i q I it I -J Co R 11 I r I II pp V yy L I _ --1--- - z e a `soo ~ p aogu I I P ry \ I it e l o. I I - - z F E ~oG°cooe GCO°F - SAN ~k. v$mL:NePAZ bb C - - i -0. °oo°°eocooo°cv°;o ! BM --Zz y I . I. ~ F• Cltaca _ ~ i - . I a, I d I / 17 l e \ I l I.a :r 1 s F~ f.J s ! I I m y ~I I b ' .°~i r~ {F, GI cam ' I OD Ig•'t'`~' L------~ - € - - - all E L STATE TRUNK HIGHWAY NO . 3 S PRELIM. GRADING PLAN DODD PARKSIDE James R. Hill, Inc. 0 PRELUDNARY GRADING, DRAINAGE & PLANNERS / ENGINEERS / SUP.VEYORS Y 8~ 'g Jy' b EROSION CONTROL PLAN .N. N ( f~~ K ss DODD PARKSIE LW not REE' P amc 'k SN ]s[]f rx INSiE.::a ' rsu nx-tru ~7 ~o '~a ore ~ s \ n------- 6 r March 21, 2007 Dear Planning Commission: I reside at 4900 Dodd Road, directly adjacent to 4920 Dodd Road, the site of a proposed single-family residential development. I have the following concerns with the proposed Dodd Parkside development that I would like addressed by the City of Eagan through its authority to approve and regulate development within the City. My first concern is regarding the anticipated drainage from any development of the property. I understand that typical Eagan development practices would limit any post-development drainage off-site to a flow rate equal to that of pre-development. While I appreciate this standard, it appears appropriate to implement standards that are currently used less than %mile away from the site by the City of Rosemount. This standard will also limit the volume of drainage off-site to a volume equal to that of pre- development. , The differences between the volume and rate limitations are significant. I would suggest you review the Dakota County Park's Lebanon Hills Storm Water Management Plan to see just how significant the control of the volume is in addition to the flow rate. Since all of the proposed developments drainage offsite would eventually get to Lebanon Hills Regional Park, as well as high quality wetlands along the way, it is critical that compliance with the volume control is required for the development of Dodd Parkside. The second concern is regarding the needs of the development for a sanitary sewer lift station in order to be viable and the associated petitioned public improvement referenced as City Project 951. I understand that the proposed development cannot be connected to the public sanitary sewer system without the use of a lift station. Apparently, the developer has petitioned the City of Eagan for a public improvement to construct this lift station and associated piping. Since the development needs the sanitary sewer and lift station in order to meet the City's development standards, it would seem appropriate that the developer would pay the entire cost of the public improvement for the lift station and associated piping. If the piping passes adjacent to my property, I do not want to be assessed for the development requested improvements as I have no need for such improvements. If I would ever choose to connect to the sanitary sewer in the future, I would expect to pay all appropriate costs at that time for a connection to the public system. My final concern relates to the overall development proposal that the developer prepared that includes my property, as well as, my neighbors at 4940 Dodd Road. I am concerned that the developer did not correspond with me or my neighbor regarding the long term development proposal, from both a courtesy perspective and a clear understanding of the existing conditions. I appreciate the opportunity to bring my concerns to your attention and your consideration of my requests as a part of the conditions of development for the proposed Dodd Parkside subdivision. I will be following the development review to ensure that my concerns are properly addressed. Sincerely, ~ (i Wayne Schwanz 4900 Dodd Road Eagan MN 55123 RECEIVED MAR 2 12007 651 767 9725 _.•K MAR-21-2007 13:27 HARRIS COMPANIES 651 767 9725 P. 01.-311 WEST END HUNTING & FISHING CLUB March 21, 2007 Eagan Community Development Department 3830 Pilot Knob Road Eagan, MN 55122 Attention: Pam Dudziak Re: 4920 Dodd Road, Lot 2, Block 1, Skyview rezoning request Dear Ms. Dudziak, Thank you for the public hearing for the above referenced property. We are concerned that the property falls within the 750 foot setback requirement as outlined in the "Shooting Range Protection Act" of 2005. Section 4(a) of that "Act" would seem to us to not allow any change in zoning that might create a potential problem for our club. I can be reached at 651-602-6642 if you would like to discuss this matter directly with me. Thomas K. DePauw Vice President MAR 2 1 2007 l~ P.O. Box 494 Rosemount, Minnesota 55068 612/423-2429 TOTAL P.O' Agenda Information Memo April 17, 2007, Eagan City Council Meeting C. COMPREHENSIVE GUIDE PLAN AMENDMENT - MANLEY COMMONS ACTION TO BE CONSIDERED: To direct staff to submit to the Metropolitan Council a Comprehensive Land Use Plan Amendment that would to change the land use designation from O/S, Office/Service, to RC, Retail Commercial, for property located at the southwest corner of Pilot Knob Road and Buffet Way in the NE 1/4 of Section 4 (OR direct preparation of findings of fact for denial). REQUIRED VOTE FOR APPROVAL: At least four votes FACTS: ➢ The subject site is vacant and was previously graded. ➢ This location is a gateway to Eagan, the first intersection south of I-494. The site has good visibility along Pilot Knob Road, and easy access to I-494. ➢ Surrounding development consists of multi-story officesand one hotel. The site was approved for a five-story hotel in 2005 (La Quinta) which was never constructed. ➢ The proposed concept plan shows a 12-pump gas station and convenience store with a car wash, multi-tenant retail, and drive-through service. ➢ The proposed amendment will allow the introduction of intense retail in an area where it was never contemplated and represents a significant departure from historical planning efforts. ➢ The applicant has made application for a Preliminary Planned Development and Preliminary Subdivision for the proposed commercial development. The public hearing for these applications will be held by the APC on April 24, 2007. ➢ The Advisory Planning Commission held a Public Hearing regarding the proposed Comprehensive Guide Plan Amendment on March 27, 2007 and is recommending denial. ISSUES: ➢ The APC stated that the City's vision for the area is clear and they saw no compelling reason to modify the land use designation. ATTACHMENTS (2): Draft APC minutes on pages 1 33 ! t 7 Planning Report on pages) through I C11 Advisory Planning Commission Minutes March 27, 2007 Page 12 of 16 F. Manley Commons Applicant Name:Manley Commercial, Inc. Location:2779 Pilot Knob Road; Outlot C, Eagan Woods Office Park 2nd Addition Application: Comprehensive Guide Plan Amendment A Comprehensive Guide Plan Amendment from (O/S) Office Service to (RC) Retail Commercial. File Number: 04-CG-01-02-07 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated March 21, 2007. She noted the background and history. Kurt Manley, Manley Commercial, discussed the amount of office and industrial square footage in the immediate area and their plans for convenience amenities to serve those uses. He stated the nearest convenience gas is over two miles away, (Pilot Knob Road and Yankee Doodle Road) which supports their belief that these kind of amenities are-needed in the area. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Member Jensen stated she would like to better understand that as a gateway, what types of uses would be appropriate. City Planner Ridley explained that the results of historical planning efforts have been successful in attracting multi-story uses including professional offices, hotel, etc. which, presumably, have attracted other like uses. He stated the question begs a personal opinion and that would be determined by the Planning Commission and City Council; however, a professional office or other use similar to those existing in the area could be considered more consistent with the existing office park at this gateway location than single story strip retail and convenience gas. Member Jensen then asked staff to respond to Mr. Manley's statements that convenience gas and retail amenities are needed in the area and would the need for amenities outweigh the aesthetic of a more gateway-like development at the subject site. City Planner Ridley stated, again, that a response to the question is difficult from the standpoint of how many convenience gas operations should a city have and where should they be. He did illustrate on an area map that the office and industrial development referenced by Mr. Manley (generally bounded by Pilot Knob Road, 1-494, 1-35E and Lone Oak Road) is located within a mile of the existing retail amenities including convenience gas & strip retail at Lone Oak Plaza. Member Keeley stated that the proposed retail amenities may be useful for the area. Chair Hansen stated he understood the rationale for Mr. Manley's proposal but stated that he does not believe reasons are compelling enough to justify a Comprehensive Guide Plan Amendment. He further stated that the proposal does not fit with the area. I L~ Advisory Planning Commission Minutes March 27, 2007 Page 13 of 16 Mr. Manley discussed planned aesthetic enhancements of wrought iron fencing and stone monumentation on either side of Buffet Way and his understanding that traffic is not a concern with his proposal. Member Heaney moved, Member Keeley seconded a motion to recommend approval of a Comprehensive Land Use Plan Amendment to change the land use designation from O/S, Office/Service, to RC, Retail Commercial upon approximately 2.88 acres located at the southwest corner of Pilot Knob Road and Buffet Way in the NE'/4 of Section 04. Member Dugan stated agreement with Chair Hansen and that he believes the City's vision for the area is clear and that a compelling need to change the land use designation has not been made. Member Heaney stated he too would be voting against the, motion. A vote was taken. Aye: Member Jensen. Nay: Chair Hansen, Members Zoberi, Feller, Heaney, Dugan and Keeley. Motion carried: 1-6. Member Heaney moved, Member Zoberi seconded a motion to recommend denial of a Comprehensive Land Use Plan Amendment to change the land use designation from O/S, Office/Service, to RC, Retail Commercial upon approximately 2.88 acres located at the southwest corner of Pilot Knob Road and Buffet Way in the NE'/ of. Section 04. A vote was taken. Aye: Chair Hansen, Members Zoberi, Feller, Heaney, Dugan and Keeley. Nay: Member Jensen. Motion carried: 6-1.- so PLANNING REPORT CITY OF EAGAN REPORT DATE: March 21, 2007 CASE: 04-CG-01-02-07 APPLICANT: Manley Commercial, Inc. HEARING DATE: March 27, 2007 PROPERTY OWNER: Manley Commercial, Inc. APPLICATION DATE: Feb. 21, 2007 REQUEST: Comprehensive Guide Plan Amendment PREPARED BY: Pamela Dudziak LOCATION: SW corner of Pilot Knob Road and Buffet Way COMPREHENSIVE PLAN: O/S, Office/Service ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Comprehensive Land Use Plan Amendment to change the land use designation from O/S, Office/Service, to RC, Retail Commercial upon approximately 2.88 acres located on the southwest corner of Pilot Knob Road and Buffet Way, in the NE '/4 of Section 04. AUTHORITY FOR REVIEW The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. BACKGROUND/HISTORY This site consists of two parcels which are both vacant. A plat combining the two parcels for development of a five-story 152-room La Quinta hotel was approved in 2005, but was never recorded and the plat approval has expired. The southerly parcel was rezoned from A, Agricultural Planning Report - Manley Commons March 27, 2007 Page 2 to T, Transitional in 2002. The City approved a rezoning to PD with the La Quinta approval in 2005, however, the Planned Development Agreement was never signed and executed. The northerly parcel was platted as an outlot with the Old Country Buffet (OCB) development in the mid-1990s. Prior to that it was part of the Wyndham Corporate Center Planned Development dating back to 1985. The southerly parcel is unplatted and previously contained a single-family home, though the house has been removed and the property is now vacant. The OCB Planned Development called for a restaurant on this parcel. The original intent of the OCB development was to "develop a campus where, in addition to their corporate offices, the employees can be trained at a training facility, be housed at the hotel, and operate their restaurant; all on one site." (OCB Staff Report, April 25, 1995) In keeping with that plan, the outlot south of Buffet Way was designated for a restaurant use, and the outlot north of Buffet Way was designated for a hotel. These uses did not develop and OCB sold both of the outlots a few years ago. The northerly lot is now a two-story office building (Venture Bank/Corporate Woods), and the southerly corner was approved for the La Quinta hotel, which has not been constructed. EXISTING CONDITIONS The site is vacant and was previously graded. There are some significant trees along the west boundary of the site. The site has access from Buffet Way, the southerly parcel has an existing driveway access to Pilot Knob Road. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Office (Corporate PD, Planned Development O/S, Office/Service Woods/Venture Bank South Collector's Paradise NB, Neighborhood O/S, Office Service (gift shop) Commercial East Hotel/office PD, Planned Development BP, Business Park West Office (Old Country PD, Planned Development O/S, Office/Service Buffet EVALUATION OF REQUEST Compatibility with Surrounding _Area - The proposed amendment will allow the introduction of intense retail in an area where it was never contemplated. This site is within an area of primarily multiple story office and service uses. There are several office buildings in the area and one existing hotel, as well as one other site approved for a hotel I~~ Planning Report - Manley Commons March 27, 2007 Page 3 that has not been built. To the south is the former Collector's Paradise retail gift shop, a house that has converted to office use (Central Irrigation), and anew clinic (Children's Therapy Center). The City recently received a building permit application to remodel the Collector's Paradise building, converting it to office use. In the submitted narrative, the applicant states "the site's location is in close proximity to many existing office buildings and an existing hotel This location is ideal for boutique retail and convenience uses such as gas, coffee, sandwich shop, dry cleaning, and massage/hair salon tenants." Furthermore, the narrative states "this area currently is under-served for these types of services and by allowing the change in land use, the City would be able to supply residents, employees and visitors with a convenient location for their daily needs." The long range planning for this area, and ultimate development, resulted in multistory professional offices and service uses. The introduction of intense single-story retail at this gateway location represents a significant departure from historical planning efforts. From a citywide perspective, corner lots on county roads will always be attractive to convenience gas and multi-tenant strip retail operations. This is because such sites typically provide good visibility and access from a highly traveled road. City policy makers should also consider existing or planned development around any given site and determine the suitability of a requested change such as this. Comprehensive Land Use Plan - The subject site is currently guided O/S, Office Service. The O/S designation provides areas for offices and lower intensity service and retail businesses such as medical clinics, day care centers, dry cleaners and banks. These uses are fairly low intensity and are generally compatible with other commercial, retail, and light industrial uses, and may serve as a buffer between such uses and lower intensity residential uses. These uses generally benefit from direct access to busy arterial and collector roadways. The proposed RC, Retail Commercial designation is to provide for a variety of retail related uses; including but not limited to: shopping centers, supermarkets, drug stores, convenience/gas center restaurants, hotels etc. Retail commercial uses tend to generate substantial amounts of customer traffic, and visibility and convenient access are important. These uses should be located along arterial or collector roads. The subject site has high visibility and is located along an arterial road. This location is a gateway to Eagan, the first main intersection south of I-494. The site has good visibility along Pilot Knob Road, and easy access to I-494. With the exception of the Collector's Paradise gift shop, this area is developed entirely with offices and low intensity services such as hotel, clinic and bank. The applicant proposes to change the land use designation from the lower intensity Office/Service to the higher intensity Retail Commercial. The OCB development intended to "create a focal point and a sense of arrival to the corporate campus at the intersection of [Buffet Way] and Pilot Knob Road." (OCB Staff Report, April 25, Planning Report - Manley Commons March 27, 2007 Page 4 1995) However, since OCB did not build out as originally intended, the focal point also did not materialize. In 2005, a decorative monument was approved with the Planned Developments for both the office building north of Buffet Way and the La Quinta hotel on this site; neither monument has yet been constructed. Concgpt Site Plan - The concept plan shows a 5,500 convenience/gas station with twelve pumps and a car wash, a 7,600 sq. ft. multi-tenant retail on the west side of the property, and a 4,700 sq. ft. retail building with drive-through service on the south end. The concept plan shows additional right-of-way dedication for Pilot Knob Road and elimination of the existing driveway onto Pilot Knob Road. Overall, the concept plan is 11 stalls short on required parking, and shows a deviation in building setbacks. With three buildings proposed, a subdivision would be required. Landscaping - A Landscape Plan will be required with the development application to amend the Planned Development and for the required subdivision. Grading/ Topography - The site has been previously graded and is open and relatively flat. Minor grading will be required to prepare the site for development. Storm Drainage/ Water Quality - With the OCB development in 1995, water quality ponding and a cash dedication were provided that includes treatment for the northerly parcel of the subject site. Additional water quality treatment provisions may be necessary to treat the added impervious area resulting from the inclusion of the southerly parcel in the development site. Utilities - Existing sanitary sewer and water main of sufficient size, depth, and capacity are available for this development. Streets/ Access - Public street access is available for the development from Buffet Way. Existing direct access to Pilot Knob Road should be eliminated. Development of this property will provide street access to Buffet Way for the properties to the south, additionally eliminating existing accesses onto Pilot Knob Road. SUMMARY/CONCLUSION The proposed amendment will allow the introduction of intense retail in an area where it hasn't been previously contemplated or planned for. The long range planning for this area, and ultimate development, resulted in multistory professional offices and service uses. The introduction of intense single-story retail at this gateway location represents a significant departure from historical planning efforts. The subject site is zoned PD, Planned Development and Guided O/S, Office/Service; the applicant is requesting to change the land use designation to RC, Retail Commercial to allow development of a convenience store/gas station with a car wash, and two retail buildings, one with a drive-through service. Planning Report - Manley Commons March 27, 2007 Page 5 Located just south of I-494, this is a gateway location with high visibility and easy access to Pilot Knob Road. The surrounding area is developed primarily with offices and low intensity services (hotel, gift shop and clinic). Based on the concept plan provided, the proposed RC land use designation would add a high intensity retail service element to this intersection. The concept plan shows three buildings, so a subdivision would be required. The parking lots are designed with shared access, however, overall the site is short on parking by 11 stalls, and presents some deviations to required setbacks. Access to the site is from Buffet Way. Existing direct access to Pilot Knob Road should be eliminated. A dedicated service drive should be provided along the west side of the property to provide street access to adjacent parcels to the south. ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Land Use Plan Amendment to change the land use designation from O/S, Office/Service, to RC, Retail Commercial upon approximately 2.88 acres located at the southwest corner of Pilot Knob Road and Buffet Way in the NE i/4 of Section 04. I~~ Eagan Boundary N Right-of-way Location Ma Park Area p Park Area Building Footprint e d a Heights ° INTERSTATE NYVr. NO. 4" Subject Site i~. ILP a tt i~ 1 ■ 41 1 ? 4r s ■ ~ a ~ r 7 1 ~ ~ ` ~ 0 5 Ilk or I g 1 r a► ® a ~ mf 3 ® ~Ah.~ 1000 0 1000 2000 Feet Development/Developer. SW Corner of Pilot Knob Rd/Buffet Way Application: Comprehensive Guide Plan Amendment Case No.: 04-CG-01-02-07 Map Prepared using ERSI ArcView 3.1. Parcel base map data provided N n by Dakota County Office of GIS and is current as of April 2005. I j y of Ealan THIS MAP IS INTENDED FOR REFERENCE USE ONLY 1 W E My, J 6666 The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Manley Commons Comprehensive Guide Plan Amendment 04-CG-01-02-07 Zoning Map IM "TAW HWY. NO. Oa4 P ~ O 1 e FCuT rrent Zoning: Location , r PD PD P PD Planned Development/Transitional PD PD NS ® R- R R-1 R-1 is P R-1 RD 600 0 600 1200 Pen Comprehensive Guide Plan Land Use Map INTE tin NWr. NO.W I ors Location IND Current Land Use Designation: p O'S SP OIS u BP O/S Office/Service 01S sP BP IN L SP D D LD P P Goo D 600 12DO Pen , n of \ A/ Parcel base map Information provided by Dakota County Land Survey Department Doember 2005. N p qn Zoning information maintained by City Stag. City of 1p1 LUlan THIS MAP IS INTENDED FOR REFERENCE USE ONLY E The City of Eagan and Dakota County do not guarantee the accuracy of this information. 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ORDINANCE AMENDMENT - CITY OF EAGAN ACTION TO BE CONSIDERED: To approve an Ordinance Amendment to Chapter 11, to permit community service activities (i.e. food shelf, education, training, etc.) as accessory uses in the Public Facility Zoning District. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The original request was made of staff for a specific church to utilize a former residence located on their property for community service uses (i.e. food shelf, training center, etc.). ➢ These types of uses are not listed as permitted or conditional in the PF zone. ➢ The City Council authorized preparation of an ordinance amendment that would address such activities in the PF zone. The ordinance, as drafted, would allow these uses as permitted accessory uses, subject to Site Plan review. This scenario would require the new use(s) to be incidental to the primary use of the property and allow staff review to determine if adequate site conditions exist, so. ➢ The Advisory Planning Commission held a public hearing on March 27, 2007 and recommended approval of the Ordinance Amendment. ISSUES: ➢ At the APC meeting, discussion occurred regarding the permitted locations for such activities. The nay vote on the motion noted in the minutes was tied to a concern about the term "church". While it was agreed that the City's definition for the term "church" is appropriately broad to encompass all places of religious worship, there was concern stated that "church" may be understood by some to denote only Christian places of worship. ATTACHMENTS: (4) Draft APC Minutes on page. 14' Staff report on pages 14 through Draft ordinance language on page ILP. Letter from Mount Calvary Lutheran Church on page. 14Q Advisory Planning Commission Minutes March 27, 2007 Page 14 of 16 G. City or Eagan Applicant Name: City of Eagan Location:3830 Pilot Knob Road; Application: Ordinance Amendment A text amendment to Chapter 11 regarding Public Facility (PF) Zoning District. File Number: 01-OR-02-03-07 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated March 21, 2007. He noted the background and history. Chair Hansen stated concern about the definition of "church" and if the Ordinance adequately encompasses the different forms of churches in the community."- He stated concern that perhaps the language presented is too narrow and that other non-church entities may wish to also utilize the features of this amendment. There was discussion relative to expanding the scope and on the definition of "church" per the Ordinance. Member Zoberi stated the term "church" should be replaced with "religious worship buildings" to include all forms of worship. City Planner Ridley explained that an area church wished to operate a food shelf and since the Ordinance does not speak to food shelves, it is deemed prohibited. Member Keeley stated agreement with Member Zoberi in that the word "church" is a limiting word. Chair Hansen opened the public hearing. Darcy Shots, Chair of Mount Calvary Family Resource Center Committee, discussed the services they wish to provide with a resource center. She provided statistics of poverty in Dakota County and stated the resource center is to assist those in need. There being no further public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Member Feller stated the use should be noted as a secondary purpose for the building where the primary purpose remains as religious. She stated the City should keep the doors open in the future for charitable organizations, while being cautious. Member Zoberi explained that the word "church" is specific to a type of prayers offered. He stated not every religion goes to a church for worship. Chair Hansen stated he feels the definition of "church" is sufficiently broad enough to define all religions. I Advisory Planning Commission Minutes March 27, 2007 Page 15 of 16 Member Keeley moved, Member Heaney seconded a motion to recommend approval of an Ordinance Amendment to Chapter 11 to allow community service operations as permitted accessory uses when associated with churches. Member Zoberi stated he will vote against approval because of the word "church," which represents a type of denomination. A vote was taken. Aye: Chair Hansen, Members Feller, Heaney, Jensen, Dugan and Keeley. Nay: Member Zoberi Motion carried: 6-1. I~~ PLANNING REPORT CITY OF EAGAN REPORT DATE: March 21, 2007 CASE: 01-OR-02-03-07 APPLICANT: City of Eagan HEARING DATE: March 27, 2007 PROPERTY OWNER: NIA PREPARED BY: Michael J. Ridley REQUEST: Ordinance Amendment LOCATION: City-wide COMPREHENSIVE PLAN: Medium Density (MD) ZONING: Public Facilities (PF) SUMMARY OF REQUEST The City of Eagan is requesting approval of an Ordinance Amendment to Chapter 11, specifically as it relates to Permitted Accessory Uses in the Public Facility Zoning District. The amendment will provide for "community service" activities (i.e. food shelf, education, training, etc.). AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, 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. BACKGROUND/HISTORY City staff was recently approached by a local church looking to utilize a former residence on their property for the purpose of operating a food shelf and education resource center. Currently, the PF section of the City Code does not provide for this type of use. At their regular meeting of March 20, 2007, the City Council directed staff to initiate this amendment. I~ Planning Report - Ordinance Amendment March 27, 2007 Page 2 EXISTING CONDITIONS City staff is suggesting that the City consider allowing these uses as permitted accessory uses, subject to Site Plan review. As such, this amendment would affect all Public Facilities Zoning Districts throughout the City. EVALUATION OF REOUEST Allowing this type of use as an accessory to the primary use of a church property appears to be compatible with the location of PF zoning districts in the City. Requiring Site Plan approval will also allow the City to review prospective sites, on a case by case basis, to insure the subject site can accommodate the proposed use(s). SUMMARY/CONCLUSION The proposed amendment will allow the addition of community service type uses on church properties that are able to accommodate additional (accessory) uses. ACTION TO BE CONSIDERED To recommend approval or denial of an Ordinance Amendment to Chapter 11 to allow community service operations as permitted accessory uses when associated with churches. I ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATION (ZONING)" BY AMENDING SECTION 11.30 AND 11.60, SUBD. 20, C. REGARDING PERMITTED ACCESSORY USES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 11 is hereby amended h- changing Section 11.30, to add language as follows: Definitions. Community Service Operation means a not for profit function or program desi 'newprovide a contribution to the welfare of others. Section 2. Eagan City Code Chapter 11 is hereb`,. ended by changing Section 11.60, subd, 20, C. to add language as follows Permitted Accessory Uses. C. Permitted accessory us- 4. Community s&,vice operations when associated with churches, subject to site plan review as required elsewhere in'this Chapter. Section '3.: City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Includtng:'l?enalty foraViolation"' aitd;Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in then ertley-by reference as though repeated verbatim. Section 4. Effective bate. This ordinance shall take effect upon its adoption and publication according to law: ATTEST: CITY OF EAGAN City Council By: Maria Lynn Petersen By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: March 27, 2007 149 • ~$,v Fatlif,~ s, ~~`r• Mount Calvary Lutheran Church 3930 Rahn Road Eagan, MN 55233-1523 • 651.454.2344 • ww.mtcalvary.com F ary 15, 2007 Pamela Dudziak Planner, City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: LETTER OF PURPOSE Mount Calvary Lutheran Church would like the City of Eagan to consider adopting any and all variances and zoning regulations necessary to allow for a food shelf and education resource center on church property in Eagan. Mount Calvary Lutheran Church owns a former residence on its property that can serve the greater good of the community as a food shelf and education resource center. No longer used as a residence, the building has ample space for food storage as well as space for computers, books, and meeting rooms. With poverty a growing concern in Dakota County and Eagan itself, this facility has the potential to feed many people, especially children, in the community but perhaps more importantly the goal of the facility is to provide education and training in the form of computer classes, job skills training, after school homework help and similar programs that would help those in poverty break out of the cycle. The facility is scheduled to be open 12.5 hours each week, year round, with hours expanding as needs and volunteers become available. Parking is available on the current driveway of the residence but acreage is available to expand the parking area. Attendance at the resource center is difficult to accurately gauge but many food shelves in Dakota County serve between 40 to 200 families each month. Attendance at education classes and similar programs would vary from program to program and may include the same clients visiting the food shelf. If you have any further questions, please contact Darcy Schatz at 651-687-0343 or NaDyne Glidden, Administrator, at 651-454-2344. Thank you for your consideration. David Lillejord Darcy Schatz D \ D Senior Pastor Resource Center Director L FEB 1 6 2007 I~