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09/04/2007 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING September 4, 2007 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE n, I II. ADOPT AGENDA (At approximately 8: 00 p.m. the Council will take a short recess) TT III. RECOGNITIONS & PRESENTATIONS A. A. Oath of Office for New Fire Fighters IV. CONSENT AGENDA A. APPROVE MINUTES B. PERSONNEL ITEMS is C. APPROVE CHECK REGISTERS P ~b D. APPROVE Donation of $7,866 from the Eagan Citizens Crime Prevention Association for Start Up of Police Department Honor Guard P l7 E. APPROVE Annual DARE and Police Liaison Services Agreement with ISD 196 F. ACCEPT Proposal for Electronic Security Access System aq G. APPROVE Resolution to Allow Dakota Communications Center to Pay for up to 50% of the Data Conversion Expense on the Dakota County Fire Records Management System 1.3) H. APPROVE Short Term Lease Agreement for Community Action Council / Armful of Love at the All American Recreation P I. APPROVE Extension of Recording Final Subdivision and Final Planned Development for LoNidy Addition J. APPROVE Plans and Specifications and Authorize Advertisement of Bids for Contract 07-06, Lebanon Hills Regional Park and Long Acres Storm Sewer Improvements e y l K. APPROVE Work Order Nos. 19, 20 and 21 for Contract 06-01, TH 149 Reconstruction 1.~ L. APPROVE Supplemental Agreement No. 6 for Contract 06-01, TH 149 Reconstruction P+~ M. APPROVE Change Order No. 1 for Contract 06-08 (North Ridge Dr. - Storm Sewer Improvements) ~+rJ N. APPROVE Easement Agreement for Contract 06-01, TH 149 Reconstruction p go O. APPROVE Plans & Specifications and Authorize Advertisement of Bids for Contract 07-04, Boulder Lakes Business Park Street & Utility Improvements/ Lone Oak Road Trunk Water Main Improvements P. APPROVE Contract Agreement for the Eagan Fire Department with Image Trend as its Records Management Vendor for the Remainder of 2007 - 2008 Q. APPROVE extension of recording Final Plat, Final Planned Development and Planned Development Amendment for Oakview Center 2nd Addition V. PUBLIC HEARINGS QtD A. Amendment to the 2007 Commercial / Industrial Parks Dedication Fees 1 VI. OLD BUSINESS VII. NEW BUSINESS A. CERTIFICATION OF PRELIMINARY 2008 BUDGET AND PROPERTY TAX LEVY and Setting of Truth-In- Taxation Hearing Dates. ,fIC, it B. RESOLUTION DIRECTING THE QUESTION OF A PROPOSED CITY CHARTER to a City Special Election, f Approve the Title for the Ballot Question, Waive the Cost for Dissemination of the Proposed Charter and Approve I~ the Statement of Disclosure per the Recommendation of the City Attorney. P (07 C. PLANNED DEVELOPMENT AMENDMENT - Potbelly Sandwich Works - A Planned Development Amendment to allow outdoor patio seating located at 1298 Promenade Place on Lot 2, Block 1, Eagan Promenade in the SW '/4 of Section 10. D. PLANNED DEVELOPMENT AMENDMENT - Grand Oak Farmers Market - Interstate Partners - A Planned Development Amendment to allow a farmers market located at 2805 Dodd Road on Lot 1, Block 1, Grand Oak Five located in the NE 1/4 of Section 02. lp1 E. REZONING AND FINAL PLANNED DEVELOPMENT - Oakwoods East - Dakota County CDA - A Rezoning of 6.132 acres from R-4 (Residential Multiples) to PD (Planned Development) and a Final Planned Development to allow an additional 55-unit senior apartment building located at 2065 Park Center Drive on Lot 1, Block 1, Park Center Second Addition in the SE `/4 of Section 30. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE FIX. ECONOMIC DEVELOPMENT AUTHORITY A. Call to Order B. Adopt Agenda C. Approve Minutes D. Old Business 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Letter of Intent to Sell City Property at Cedar Grove ~a'a Parkway and Gold Trail to Dakota County CDA for Young Adult Supportive Housing. 2. CEDAR GROVE REDEVELOPMENT DISTRICT - Clarification of Findings of Fact, Conclusion and Resolution for the Use of Eminent Domain for Properties in the Core Area. E. New Business 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Approve Purchase Agreement for Acquisition of South Parcel of B.J. Mulcahy Property F. Other Business G. Adjourn X. ADMINISTRATIVE AGENDA / COUNCIL COMMENTS Xl. 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. i City of Eap ma TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 31, 2007 SUBJECT: AGENDA INFORMATION FOR SEPTEMBER 4, 2007 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the September 4, 2007 City Council agenda, the following items are in order for consideration. I Agenda Memo Regular City Council Meeting September 4th, 2007 III. RECOGNITIONS AND PRESENTATIONS A. Oath of Office - New Fire Fighters ACTION TO BE CONSIDERED: None FACTS: • Ten firefighters have completed their 18 week Firefighter I training and have been released to respond to fire calls. They started service in January 2007. • Upon completion of their Firefighter I training they have been attending weekly fire training and average approximately 10 hours per week in the performance of Fire Department related functions. • They are currently attending their 40 hour Haz-Mat Operations course. • This fall they will start their 12 week First Responder training to prepare them to respond to medical calls, and in 2008 they will start a fire apparatus operator course. • Out of the ten firefighters, eight are day responders and 2 are night responders. • This group also includes our first Fire Chaplain, who is also a day responder. • The Fire Department is currently in the process of recruiting for our 2008 apprentice class and hope to add up to an additional 10-15 firefighters. • Our current staffing including the 2007 apprentice class is 106 firefighters. • Listed below are the Fire Fighters to be sworn in: Joe Porter - Station 1 Greg Harinen - Station 1 Chris Walker - Station 1 Jeremy McCulloch - Station 1 Bob St. Mane - Station 2 Chaplain Don Mingo - Station 3 Aaron Olson - Station 3 Richard Schreiber - Station 4 Damon Canaday - Station 5 Josh Nelson - Station 5 ATTACHMENTS: None to Agenda Information Memo September 4, 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 August 21, 2007 regular City Council meeting and the minutes of the August 14, 2007 Special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the August 21, 2007 regular City Council meeting are enclosed on pages through 8 • Minutes of the August 14, 2007 Special City Council meeting are enclosed on pages S-- through MINUTES OF A REGULAR MEETING OF THE ®/1 EAGAN CITY COUNCIL Eagan, Minnesota August 21, 2007 A Listening Session was held at 6:00 p.m. in the Eagan Room prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Carlson, Fields, Tilley and Bakken. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on August 21, 2007 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Fields, Tilley and Bakken. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert; City Attorney Michael Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that the item to be discussed during a closed session of the EDA would be discussed during the City Council closed session. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. CONSENT AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the consent agenda as presented. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the August 9, 2007 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to recognize the hiring of Richard Mientkiewicz as part-time building maintenance worker. C. Check Registers. Ratified the check registers dated August 9, 2007, and August 16, 2007 as presented. D. Proclamation. It was recommended to proclaim September 6, 2007 Burnsville/Eagan Community 07-34 Television Volunteer Appreciation Day. E. Tree Maintenance Contractor License. It was recommended to approve a Tree Maintenance Contractor License for Ciardelli Tree & Landscaping, 12441 Coffee Trail, Rosemount, MN. F. Contract 06-01. It was recommended to approve Work Order Numbers 3 and 11-18 for Contract 06-01, TH 149 Reconstruction. G. Contract 06-01. It was recommended to approve a signal relocation agreement with Progressive Rail Incorporated required as part of Contract 06-01, TH 149 Reconstruction and authorize the Mayor and City Clerk to execute all related documents. H. Winter Trail/Sidewalk Maintenance Contract. It was recommended to award the contract to Bever Landscaping for snow removal services for designated trails and sidewalks for the 2007-2008 winter snow and ice season and authorize the Mayor and City Clerk to execute all related documents. I. Winter Street Maintenance Contract. It was recommended to award the contract to Gallagher's Inc. for snow plowing/removal services for designated streets and cul-de-sacs for the 2007-2008 winter snow and ice season and authorize the Mayor and City Clerk to execute all related documents. J. Tree Maintenance Contractor License. It was recommended to approve a Tree Maintenance Contractor License for Adelmanns Turf and Tree, Inc., 8925 2801h Street W., Northfield, MN. K. Traffic Signal Maintenance. It was recommended to approve a Maintenance Contract for Traffic Signal Painting with Ariel Painting, Inc., and authorize the Mayor and City Clerk to execute all related documents. 3 Eagan City Council Meeting Minutes August 21, 2007 ~J Page 2 L. Extension of Final Subdivision Approval. It was recommended to approve a 90-day extension of the Final Subdivision approval for Marian Addition, to create two single-family lots upon 1.8 acres of land located at 4365 Capricorn Place in the NE '/4 of Section 27. M. Extension of Final Subdivision Approval. It was recommended to approve a 60-day extension of the Final Plat approval for Atlas Addition, to create one lot on approximately 14.9 acres located at 2825 Highway 55 in the S '/z of Section 2. N. Final Subdivision. It was recommended to approve a Final Subdivision (Eagan Hills Alliance Church Addition) to create two lots located south of Diffley Road at 670 and 700 Diffley Road in the NW '/4 of Section 25. 0. Extension of CUP. It was recommended to approve a 60-day extension for the following Conditional Use Permits for the property located at 4249 Johnny Cake Ridge Road in the NW '/4 of Section 28. PUBLIC HEARINGS PROJECT 952, BOULDER LAKES STREET & UTILITY IMPROVEMENTS City Administrator Hedges introduced this item regarding the street and utility improvements for Boulder Lakes. Public Works Director Colbert clarified previous discussions pertaining to potential assessments in regard to this project. Kevin Kawlewski, WSB Associates, discussed the Feasibility Report that addresses the extension of trunk water main along Lone Oak Road from Holiday Lane east to the proposed Boulder Lakes Business Park, and the extension of a public street and utilities within Boulder Lakes subdivision to serve the first phase of the proposed subdivision. Public Works Director explained the proposed assessment rates. Mayor Maguire opened the public hearing. Three residents questioned the assessment costs, the possibility of assessment deferment, if hook up to the improvements is required, and what benefit the improvements will provide to their property. Staff addressed the questions. Council discussed residential assessment rates versus commercial rates and concurred that the residential rates would be applied. There being no further public comment, Mayor Maguire closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve Project 952 (Boulder Lakes - Street and Utility Improvements) with a modified assessment role per Appendix D, Revision 2 and authorize the preparation of detailed plans and specifications, and the acquisition of easements through quick-take eminent domain process, if necessary. Aye: 5 Nay: 0 LOT 5, BLOCK 1, OSTER ADDITION EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation of a public drainage and utility easement within Lot 5, Block I Oster Addition. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the vacation of public drainage and utility easement within Lot 5, Block 1 Oster Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes August 21, 2007 Page 3 VARIANCE , SKYLINE OFFICE BUILDING City Administrator Hedges introduced this item regarding a Variance of 5 feet side yard parking setback to allow a zero setback for a shared access drive for property located at 4145 Old Sibley Memorial Highway. City Planner Ridley gave a staff report. Mayor Maguire opened the public hearing. The property owner to the south of the subject property questioned plans for landscaping. There being no further public comment, Mayor Maguire closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Variance of 5 feet to the required 5 foot side yard parking setback to allow a zero setback for a shared access drive for property located at 4145 Old Sibley Memorial Highway, legally described as Lot 1, Block 1, Preusse 2"d Addition, in the SW '/4 of Section 19 subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The Declaration of Cross Easements for Driveway Purposes shall be recorded against the property at Dakota County. 3. The drive aisle shall be 24 feet in width. 4. Development shall conform to the Site Plan received July 30, 2007. 5. A building permit must be obtained prior to construction. VARIANCE - SPECTRUM COMMERCIAL PROPERTIES, LLC City Administrator Hedges introduced this item regarding a 1.6' Variance to the required 20-foot structure setback for a trash enclosure for the Enterprise Rent-A-Car building at 2775 Blue Water Road. City Planner Ridley gave a staff report. The applicant provided some background information regarding the layout of the parking lot. He requested that the proposed condition regarding screening of the rooftop mechanical equipment be reconsidered. Mayor Maguire opened the public hearing. Greg Miller, Grand Oak Business Park, stated he felt the proposed condition of screening of the rooftop mechanical equipment is unnecessary, since building is already constructed. He further requested that landscaping to screen trash enclosure be considered. There being no further public comment, Mayor Maguire closed the public hearing and turned discussion back to the Council. After discussion, Councilmembers concurred that painting the rooftop mechanical equipment to match the color of the building would be sufficient. They further concurred that landscaping around the trash enclosure was not warranted. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a 1.6' Variance to the required 20-foot structure setback for a trash enclosure for the Enterprise Rent-A-Car building at 2775 Blue Water Road, legally described as Lot 3, Block 1, Spectrum Business Park, located in the SE 1/4 of Section 2, subject to the following conditions: Aye: 5 Nay: 0 Eagan City Council Meeting Minutes August 21, 2007 a Page 4 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The applicant shall paint the rooftop mechanical equipment to blend with the color of the building with approval by City staff. OLD BUSINESS CLOSED SESSION REGARDING DIFFLEY VENTURE LITIGATION The City Attorney requested a closed session with the City Council to discuss Diffley Venture litigation, which litigation involves the proposed development identified as Diffley Market Place located at the southeast intersection of Lexington Avenue and Diffley Road. The regular City Council meeting was recessed at 8:00 p.m. to convene a closed session in regard to the Diffley Venture litigation and to discuss (as the Economic Development Authority) the possible acquisition of the south portion of the B. J. Mulcahy property in the Cedar Grove Redevelopment District. The regular City Council meeting was reconvened at 8:30 p.m. George Hoff, City Attorney discussed the Diffley Venture litigation settlement. Three residents spoke in favor of the proposed development. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the settlement of the litigation in accordance with the settlement agreement and to authorize counsel to execute all necessary documents. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the Preliminary Planned Development Agreement for Diffley Marketplace with entrance only from Daniel Drive and a three quarters access to the site from Diffley Road. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the Final Planned Development Agreement for a grocery store and two multi-tenant buildings. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the final plat of Diffley Marketplace with the condition that the plat be recorded within sixty (60) days. Aye: 5 Nay: 0 VACATION AND RIGHT OF WAY EASEMENTS, FINAL SUBDIVISION, FINAL PLANNED DEVELOPMENT BOULDER LAKES BUSINESS PARK City Administrator Hedges introduced this item regarding the Boulder Lakes Business Park on Lot 1, Block 1. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the vacation of public drainage and utility easements and right-of-way (Delaware Estates), upon property located north of Lone Oak Road in the SE '/4 of Section 1. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a final subdivision (Boulder Lakes) to create four lots and two outlots upon approximately 85 acres located north of Lone Oak Road west of the Inver Grove Heights border, in the SE 114 of Section 1, incorporating the recommendation of the Advisory Parks and Recreation Commission. Aye: 5 Nay: 0 `F~ Eagan City Council Meeting Minutes August 21, 2007 1q T Page 5 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a final planned development to allow a 115,750 square foot one-story office building upon Lot 1, Block 1, Boulder Lakes, located on the northeast corner of Lone Oak Road and Ames Crossing Road, in the SE '/a of Section 1. Aye: 5 Nay: 0 NEW BUSINESS There was no new business. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE LETTER TO THE MSP NOISE OVERSIGHT COMMITTEE REQUESTING CHANGE IN NIGHTTIME USE OF RUNWAY 17 (120 DEGREE HEADING) Assistant to the City Administrator Miller discussed the steadily increasing use of Runway 17 for nighttime and early morning departures which has led to increasing complaints that the City and the MAC have been receiving from impacted neighborhoods. She went on to discuss a proposed letter to the MSP Noise Oversight Committee requesting a change in the use of Runway 17. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a letter to the MSP Noise Oversight Committee requesting a change in nighttime use of Runway 17 (120 degree heading). Aye: 5 Nay: 0 The regular City Council meeting recessed at 8:55 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 9:00 p.m. ADMINISTRATIVE AGENDA City Administrator Hedges noted that Councilmembers had expressed an interest in having an evening retreat this fall to discuss the City's 2007-2008 City Goals. Councilmember Fields moved, Councilmember Tilley seconded a motion to schedule a City Council Retreat on September 25, 2007. Aye: 5 Nay: 0 Public Works Director Colbert discussed the incomplete Level III Traffic Study for the possible consolidation of the Postal Service facilities at the Eagan Bulk Mail Center site. He noted that Council may want to consider requesting the Environmental Assessment for the facilities be withdrawn and reissued following completion of the Traffic Study. Councilmember Tilley moved, Councilmember Fields seconded a motion to authorize preparation of correspondence requesting that the Environmental Assessment for the Possible Consolidation of the US Postal Service facilities at the Eagan Bulk Mail Center site be withdrawn and be reissued following the completion of the Level III Traffic Study, to the satisfaction of the City of Eagan and Dakota County. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Bakken moved, Councilmember Tilley seconded a motion to adjourn the meeting at 9:15 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). 7 Eagan City Council Meeting Minutes August 21, 2007 Page 6 The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, AUGUST 14, 2007 5:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Maguire, Councilmembers Bakken, Carlson, Fields and Tilley. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Public Works Director Colbert, Communications Director Garrison, Parks and Recreation Director Seydell Johnson, Chief of Police McDonald, Deputy Chief Johnson, Lieutenant Pike, Dispatch Supervision Ruby, Chief Financial Officer Pepper, Administrative Secretary/Deputy Clerk Pepper, Chief Building Official Schoeppner, Finance Intern Stegenga, Campus Facilities Manager Vaughan, City Planner Ridley, Superintendent of Streets Struve, Fire Chief Scott, Emergency Manager Kline and Communications Coordinator Foote. 1. ROLL CALL AND ADOPTION OF THE AGENDA City Administrator Hedges noted that a request had been made to include an update on the August 11 storm on the City Council agenda. Hedges also suggested a discussion regarding the August 28 Special City Council meeting. Councilmember Fields moved; Councilmember Bakken seconded a motion to include the following three items on the agenda: 1.) Place the August 11 storm update after Visitors to be Heard, 2.) Include a discussion about the August 28 Special City Council meeting under Other Business, and 3.) Include an item to discuss the recent usage of the City's Emergency Notification System after the August 11 storm update. Aye: 4, Nay: 0 (Councilmember Tilley not yet present) Councilmember Tilley arrived at 5:40 p.m. II. VISITORS TO BE HEARD A representative of the Friends of the Eagan Core Greenway issued a reminder regarding the upcoming Third Annual Music Greenway Festival on September 13. Special City Council Minutes August 14, 2007 Page 2 AUGUST 11 STORM UPDATE City Administrator Hedges introduced the item noting the significant windstorm that occurred at approximately 3:30 a.m. on August 11, 2007. Public Works Director Colbert provided an overview of the City's response to the storm. Police Chief McDonald, Fire Chief Scott and Communications Director Garrison also provided updates on the City's efforts. Mayor Maguire summarized his role on the weekend of August 11, including the ongoing communications with the Emergency Operations Center and the surveying of the City that was done over the weekend to witness the damage that was done across the City. The Mayor also noted the City's long standing practice of not picking up debris on private property unless a federal or state disaster has been declared in the community. The Mayor stated that an emergency City Council meeting took place on August 13, at which time the Council directed staff to maintain the ongoing storm debris pickup policy as well as provided direction to the Police to use the City's priority messaging system to inform all Eagan residents about the City's policy. The Mayor apologized for the lateness that some residents received the message, noting that this was the first time the City's Reverse 9-1-1 System was used City-wide and there clearly was a glitch in the system provided by Qwest. The City Council thanked City staff for their work over the past weekend. Mayor Maguire invited the public to address the Council with questions or comments. Eight members of the Eagan community addressed the City Council noting concerns and disappointment with the City's policy of not picking up storm debris. It was also noted that there was inconsistency in which debris was being picked up by City maintenance staff and which was not. Residents noted that communities such as St. Paul and Bloomington were picking up storm debris on private property. There were also comments that City staff, over the weekend, told some residents that staff would be back in the following weeks to pick up all debris. Councilmember Carlson left the meeting at 6:25 p.m. City Administrator Hedges and Superintendent of Streets Struve responded to questions raised by residents. Superintendent of Streets Struve noted that maintenance crews were instructed to clear the right-of-ways and then go back to pick up boulevard trees and debris once all streets were cleared. Communications Director Garrison noted that web postings were completed by 7:30 a.m. on Saturday, August 12, informing residents that the City would not be picking up debris on private property. Garrison also added that residents needing assistance with debris could contact the United Way's 2-1-1 line, or the Community Action Council or Dakota County Community Development Agency. The City Council discussed their current practice of not picking up debris on private property without a disaster declaration. Mayor Maguire noted that it would require two members of the City Council to get an agenda item on a future Council meeting to consider changing the City's storm debris pickup policy for the future. io Special City Council Minutes August 14, 2007 Page 3 The City Council thanked Eagan residents for the spirit of cooperation that has been exhibited following this storm. It was noted that information is available on the City's web site regarding who residents can contact for assistance with storm cleanup efforts. B. QWEST UPDATE City Administrator Hedges introduced the item noting that the City's Reverse 9-1-1 System was utilized for the first time City-wide following the August I I storm to communicate to residents the City's policy with regard to storm debris cleanup. Hedges added that the message was supposed to be completed within approximately one-half hour beginning at 8:30 p.m.; however, due to a glitch, some residents received calls much later than that. The City Council discussed the glitch that occurred with the system. It was noted that this system is a'very useful public safety tool; however, staff must continue to work with Qwest Communications to find out why the glitch occurred, which was very bothersome to City residents. The City Council also discussed future timing when communicating messages to the public with the Reverse 9-1-1 System. The City Council took a brief recess. III. REVIEW PROPOSED 2008 GENERAL FUND OPERATING BUDGET City Administrator Hedges introduced the item noting that the purpose of tonight is to provide direction regarding the 2008 proposed tax levy, which will be placed on the September 4, 2007 regular City Council meeting agenda for approval and certification to Dakota County. City Administrator Hedges also requested public policy direction regarding any questions and/or revisions to the proposed 2008 General Fund Operating Budget. Mr. Hedges highlighted the proposed 2008 General Fund Budget, noting a proposed increase of 4.87 percent. The City Council discussed the proposed 2008 General Fund Operating Budget. The Council also discussed levying for the Market Value Homestead Credit (MVHC) payable in 2008. It was Council consensus to levy for the MVHC for 2008. The Council also recommended prorating election costs over multiple years in order that there are not spikes in the proposed budget every other year. The City Council thanked staff for their work on the proposed budget. IV. 2008 CIVIC ARENA OPERATING BUDGET City Administrator Hedges introduced the item noting that the Civic Arena Budget is presented in advance of the other Enterprise Funds due to the fact that the Civic Arena operations are run on a seasonal basis starting in September as opposed to the calendar year. The City Council reviewed the proposed Civic Arena Budget, including the proposed rate increases for ice time. The Council thanked staff for their work on the budget. 'f Special City Council Minutes August 14, 2007 Page 4 Councilmember Bakken moved; Councilmember Fields seconded a motion to: approve the 2007-2008 ice rental rates, approve the 2008 Civic Arena Operating Budget, and approve the 2007 purchase of 2008 capital outlay items. Aye: 4, Nay: 0 (Councilmember Carlson not present) V. DISCUSS COMMUNITY INVESTMENT FUND STATUS AND CONSIDERATION OF ALLOCATION FOR OPEN SPACE PRESERVATION City Administrator Hedges introduced the item noting that at the direction of the City Council at their June 12 Council Workshop, the City Council's Finance Committee has reviewed the current status of the Community Investment Fund (CIF) and has also discussed the framework for the possible funding of open space preservation. Hedges noted the numerous operational and programmatic needs competing for funding within the CIF. Hedges added that it is the recommendation of the Finance Committee that $60,000 be earmarked from the CIF towards open space preservation. Included in the $60,000 would be an estimate of; $6,000 to $7,000 for a public open space survey, $30,000 for a special election, $10,000 for informational materials, and $10,000 to hold an option on available property. The City Council discussed the purpose and needs for the CIF. The Mayor noted that while it is being proposed that funding be set aside for a possible referendum, no decision has been made as to whether a referendum would take place with regard to the acquisition of open space. The City Council discussed a possible community survey to get feedback from the community regarding open space preservation and acquisition. Director of Parks and Recreation Seydell Johnson summarized a possible timeline for the preservation of open space, including the formation of a community committee, based upon the similar process used for the Community Center and per the recommendation of the Trust for Public Land. The City Council discussed the recommendation of the Finance Committee with regard to open space funding. It was suggested that a working committee of the City Council be formed to create a flow chart/decision tree of possible next steps with regard to the preservation of open space, which would allow flexibility for the City Council while not presupposing an outcome. It was noted that once the committee came up with a recommended vision for open space preservation, the committee would then be dissolved. Councilmember Tilley moved; Councilmember Fields seconded a motion to appoint Mayor Maguire, representing the Finance Committee, and Councilmember Bakken, representing the Public Works Committee, to serve on an open space acquisition Council committee, which will provide a roadmap for future open space acquisition using an allocation from the Community Investment Fund, as recommended by the Finance Committee. Aye: 4, Nay: 0 (Councilmember Carlson not present) Z Special City Council Minutes August 14, 2007 Page 5 Councilmember Fields moved; Councilmember Bakken seconded a motion to accept the recommendation of the Finance Committee to earmark $60,000 from the Community Investment Fund towards open space preservation. Aye: 4, Nay: 0 (Councilmember Carlson not present) VI. FUND BALANCES City Administrator Hedges introduced the item noting as a follow up to a detailed review of the status of the Community Investment Fund, staff was directed to present information to the City Council concerning the fund balance status of all the City's various funds. Director of Administrative Services VanOverbeke summarized the purpose and balance of the various City funds. The City Council discussed the fund balances and noted the limited funding available for short and long term needs, including open space acquisition. It was suggested that this sort of fund balance update be included in future budget proposals. VII. OTHER BUSINESS The City Council discussed the workshop that was been scheduled for August 28. Mayor Maguire moved; Councilmember Fields seconded a motion to cancel the August 28 Special City Council meeting. Aye: 4, Nay: 0 (Councilmember Carlson not present) VIII. ADJOURNMENT Councilmember Fields moved; Councilmember Tilley seconded a motion to adjourn the meeting at 9:38 p.m. Aye: 4, Nay: 0 (Councilmember Carlson not present) 13 Agenda Information Memo September 4, 2007 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Accountant/Utility Billing Specialist-- ACTION TO BE CONSIDERED: To approve the hiring of a person to be named as Accountant/Utility Billing Specialist. I~ Agenda Information Memo September 4, 2007 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated August 23, 2007 and August 30, 2007 as presented. ATTACHMENTS: • Check registers dated August 23, 2007 and August 30, 2007 are enclosed without page number. 15 Agenda Information Memo September 4, 2007 Eagan City Council Meeting D. Acceptance of a $7,866.00 Donation from the Eagan Citizen's Crime Prevention Association for start up fees for a police department honor gaurd. ACTION TO BE CONSIDERED: Accept a $7,866 donation from the Eagan Citizens Crime Prevention Association for start up fees related to a police honor guard. FACTS: • For ceremonial purposes, the Eagan Department would like to develop a Police Honor Guard. • The honor guard would be utilized for parades, funerals, and other special events. • The funding would cover the costs of training and uniforms for police personnel assigned to the honor guard. No attachments I Agenda Information Memo September 4, 2007 Eagan City Council Meeting E. Approve the DARE/Police Liaison Services Agreement between the City of Eagan and ISD #196 ACTION TO BE CONSIDERED: Adopt a D.A.R.E. and Police Liaison Services Agreement between the City of Eagan and Independent School District #196. FACTS: • The City of Eagan and ISD #196 have previously partnered in teaching D.A.R.E. to students in eight elementary schools. • The district wishes to continue this relationship and agrees to pay the city $20,251 for an Eagan Officer to teach D.A.R.E. for the 2007-2008 School Year. • The City of Eagan and ISD #196 have previously partnered in establishing a school resource officer program in three schools. • The district wishes to continue this relationship and agrees to pay the city $68,499 for Eagan Police Officers to continue working in the schools for the 2007-2008 school year. • The total amount the district will provide the City of Eagan for providing D.A.R.E. instruction and Police Liaison Services is $88,750. Attachments: D.A.R.E. and Police Liaison Services Agreement. raoen> Ig - ZD I~ D.A.R.E. & POLICE LIAISON SERVICES AGREEMENT: SCHOOL DISTRICT NO. 196 AND CITY OF EAGAN THIS AGREEMENT is made and entered into this day of , 2007 by and between SCHOOL DISTRICT NO. 196, a Minnesota municipal corporation, (hereinafter "School District") and CITY OF EAGAN, a Minnesota municipal corporation, (hereinafter "City"). RECITALS WHEREAS, for purposes of this Agreement, the School District's participating elementary schools within the City consist of the following schools: Deerwood, Glacier Hills, Northview, Oak Ridge, Pinewood, Red Pine, Thomas Lake and Woodland. WHEREAS, for purposes of this Agreement, the School District's participating secondary schools within the City consist of the following schools: Black Hawk Middle School, Dakota Hills Middle School and Eagan High School; and WHEREAS, the parties enter into this Agreement pursuant to Minnesota Statutes § I26C.44. NOW THEREFORE, the parties hereto agree as follows: 1. The City agrees to provide a police officer who is a state certified peace officer and certified D.A.R.E. instructor to instruct a curriculum of drug abuse resistant education ("D.A.R.E.") in the School District's elementary schools. 2. The School District agrees to pay the amount of $20,251 to the City as and for the City's costs incurred in teaching the D.A.R.E. program for the School District. 3. The City agrees to provide a state certified police officer to perform an average of 20 hours per week police liaison services to each of the School District's secondary schools for the purpose of assisting in the establishment and trained coordination of a cooperative community approach among the School District's schools, students, parents, police and other community resources to address the needs of the students and community members. The City's police liaison services shall include, but not limited to: a. Prevention of delinquency; b. Protection of life and property; and c. Law enforcement. 4. The School District shall pay the City the amount of $68,499, as and for the City's police liaison services to the School District. 5. The parties agree and acknowledge that the police officers who are assigned to provide D.A.R.E. instruction and police liaison services in the schools are, and will continue to be, members and employees of the City and its police department. The police officers shall not become an agent or employee of the School District by virtue of this Agreement and shall not make any representations to the contrary. The officers shall operate under the direct administration and supervision of the police department but will work in cooperation with school administrators to further mutually agreed goals involving the police department, schools and students. The officers shall not have disciplinary authority within the schools or be considered educational service providers, but shall be limited to their police functions. I~ 6. The amount to be paid by the School District as specified in Paragraphs 2 and 4 herein shall be payable for the 2007-2008 school year upon approval of this Agreement by both parties. 7. This Agreement is effective for the 2007-2008 school year; upon the expiration of the 2007-2008 school year, this Agreement shall automatically terminate. 8. Each party shall be liable for the acts and omissions of its own agents and employees and not the acts and omissions of the other party's agents and employees. The parties' liability shall be limited by the provisions of the Municipal Tort Claims Act, Minn. Ch. 466 or other applicable law. 9. The parties agree that all government data collected, shared or received as a result of the parties' duties under this Agreement shall be handled and maintained in accordance with all applicable federal, state and local laws, rules and regulations governing government data, including, but not limited to the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. The parties understand and agree that any sharing of data between them must occur in accordance with the law governing the dissemination of data, including, but not limited to, specific laws and governing the sharing of data on students and minors. SCHOOL DISTRICT NO. 196: By: Rob Duchscher Its: Chairperson By: Mike Roseen Its: Clerk STATE OF MINNESOTA ) ss. COUNTY OF ) On this day of , 2007, before me a Notary Public within and for said County, personally appeared ROB DUCHSCHER and MIKE ROSEEN, to me personally known, who each being duly sworn by me, did say that they are the Chairperson and Clerk of School District No. 196 and that said instrument was signed and sealed on behalf of said School District by authority of the School Board and said Chairperson and Clerk acknowledged said instrument to be the free act and deed of the School District. Notary Public 1~ CITY OF EAGAN: By: Mike Maguire Its: Mayor By: Maria Petersen Its: City Clerk STATE OF MINNESOTA ) ss. COUNTY OF ) On this day of , 2007 before me a Notary Public within and for said County, personally appeared MIKE MAGUIRE and MARIA PETERSEN to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public 20 Agenda Information Memo September 4, 2007 Eagan City Council Meeting F. APPROVE PROPOSAL FOR ELECTRONIC SECURITY ACCESS SYSTEM CONTRACT ACTION TO BE CONSIDERED: Award the contract to UHL Company for the purchase, installation, training and maintenance of the Police Department, City Hall and Fire Administration Electronic Security Access System. FACTS: • Over the past couple years the city staff has been researching ways to better secure city buildings and personnel. The city shops, utility department and the five remote fire buildings have all updated their electronic security access systems. • Early in 2007 the City was advised that once the Dakota Dispatch Center (DCC) migrates to their remote center, they would no longer control the prisoner intake garage doors. Panic or hold up alarms will also need to be updated to send an automated call to the DCC. • The FBI's Criminal Justice Information Systems (CJIS) policy mandates that departments with computers that access their databases provide security for said computers. This includes limiting access to only those employees/persons who have submitted to criminal background checks. • The City of Eagan advertised and invited bidders to submit sealed quotations for the Electronic Security Access System. At 1:30 p.m. on August 13, 2007, formal bids were received for the system and the City Clerk received two sealed bids from separate companies. • UHL Company's bid for this project came in as the low bid. • The bid has been reviewed for compliance with the desired specifications that were included in the Request for Proposal. This bid is believed to be in order for favorable Council action. Acceptance of the bid would be finalized upon review of the Eagan City Attorney. • Funding will be from the City's general facilities renewal and replacement fund. ATTACHMENT: • Bid Comparison, page 221. • UHL Proposal for Fire Administration building, pages B-24. • UHL Proposal for Police Department buildin pages U -210 • HL Proposal for City Hall building, pages . L.-,/ City of Eagan Security Bid Response August 17, 2007 UHL Security Division Software Hardware Services Installation Building Totals Fire Admin Included $ 5,615.00 Included $ 4,335.00 $ 9,950.00 Police Dept Included $21,150.00 Included $12,840.00 $33,990.00 City Hall Included $13,275.00 Included $ 8,395.00 $21,670.00 Project Total $65,610.00 Morgan Lock and Key Inc. Morgan Lock and Key Inc. provided the following prices for the City of Eagan's access control system in their RFP. The prices include installation and services at Fire Administration, City Hall and the Police Department. Hardware $52,749.00 Installation and Services $34,150.00 Total $86,849.00 Tax $ 3,428.69 Grand Total $90,327.69 22. UHL a limited liability company (LLC)~ PROPOSAL 763.425.7226 9065 ZACHARY LANE N Proposal: MP7089 MAPLE GROVE, MN 55369 Date: Aug 17, 2007 To: Maria Petersen City of Eagan 3830 Pilot Knob Road • Eagan, MN 55122 UHL Company will provide an Access Control System for the City Hall building to include: 1 Keri Doors Software on CD Rom w/Manual 9 Keri PXL-500P Tiger B Controller MS Prox 8 Keri SB-593 Satellite 11 Expansion Board I Keri LAN-520 LAN RS-232 to Ethernet Convener 5 Keri MS-3000X MicroStar Mullion Reader 12 Keri MS-5000BX Mini Star Wall Switch Reader 9 Keri KPS-4 Power Supplv 12V 2AMP 2 Dynalock 2280 Maglock Slimline 120016 10 HES 1006-12/24DC-630 12/24DC Electric Strike 10 DES K Option-630 1000 Series Option Kit 5 HES HES 9600-12/240.630 Elect Strike Genesis Surf Mt Rim Devices 12/24 SS 5 Linear PD2 2 Channel Voice Dialer 7 Potter HUB-M Alarm Button DPDT Momentary/Latching I Detection Sys DS160 Request-to Exit (RQE) 3 Secolarm SD-969-SI S Reinforced Door Cord 18" Installation Notes: • Quote includes wiring, installation, training and warranty. • Customer responsible for 110ac for the control panels and power supply. • Customer responsible to provide a PC per specification and a network connection. • Customer responsible for all regulatory inspections, permits and fees. All material is guaranteed to be as specified, for the sum of: $ 21,670 Alterations or deviations from the above specifications involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements are contingent upon strikes, accidents or delays beyond our control. The Owner will carry fire, tornado and other necessary insurance on the above work. Workmen's Compensation and Public Liability Insurance on the above work will be taken out by UHL Company, Inc. Respectfully submitted: mike Polley Mike Polley Account Manager NOTE: This proposal may be withdrawn by us if not accepted within 30 days. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do work as specified. Payment will be made as outlined above. Accepted (Sign): Name (Print): Date: Title: 23 UHL Company, Inc. -Terms and Conditions of Service 1. UHL Company, Inc. (UHL) will use competent personnel and state of the art equipment to perform its work in a timely and professional manner. 2. UHL warrants that it is protected by Worker's Compensation insurance, public liability insurance and property damage insurance policies. Certificates for all such policies of insurance will be provided to the Customer upon written request. Customer will carry fire, tornado, Builder's Risk with full owner and contractor coverage's and other necessary insurance for the period. 3. Payment is due within 30 days of presentation of invoice. Interest shall accrue on any unpaid balance at a rate of 1.5% per month. Acceptance by UHL of partial payments shall not constitute any release of collection or lien rights. 4. In.the event of Customer default, UHL will give ten days notice to cure. If Customer remains in default, UHL may terminate this agreement and recover the balance due. Customer will pay all expenses, damages and cost incurred, including attorney's fees incurred by UHL in collecting the outstanding debt. 5. If, for any reason, Customer directs a cessation of the work on all or any part of the project, UHL shall be paid for its portion of work completed at the time of cancellation, including all expenses incurred by UHL. 6. Unless otherwise specified in the proposal, UHL will not furnish any performance or material payment bond. 7. All repair labor is guaranteed for ninety days (except in the case of compressor replacements which carry a thirty day warranty), while materials and parts are warranted per manufacturer specifications- UHL MAKES NO OTHER WARRANTY EXPRESS OR IMPLIED; AND ANY IMPLIED WARRANTY OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE WHICH EXCEEDS THE FOREGOING IS HEREBY DISCLAIMED BY UHL AND EXCLUDED FROM ANY AGREEMENT MADE BY ACCEPTANCE OF AN ORDER PURSUANT TO THIS PROPOSAL. UNDER NO CIRCUMSTANCES SHALL UHL BE LIABLE FOR PROSPECTIVE OR SPECULATIVE PROFITS, OR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. Under no circumstances will UHL's liability exceed the dollar amount of this proposal. 8. All material and equipment furnished and installed by UHL will carry the manufacturer's standard warranty. In many cases, this warranty will include an allowance for the cost of labor and related costs such as crane rental, refrigerant, etc., for correcting defects in material and workmanship, for a period of ninety (90) days after installation. However, if the standard manufacturer's warranty does not provide for this additional coverage, the customer will be responsible for payment of these repairs. THIS WARRANTY SPECIFICALLY EXCLUDES COVERAGE FOR ENVIRONMENTAL CONDITIONS, SUCH AS MOLD. UHL HAS MADE NO INSPECTION FOR, NOR REPRESENTATION REGARDING THE EXISTENCE OR NON-EXISTENCE OF MOLD ON THE CUSTOMER'S PREMISES. UHL HAS FURTHER MADE NO PROMISE OR AFFIRMATION THAT THE MATERIALS AND LABOR PROVIDED WILL ASSIST IN THE PREVENTION OR REMEDIATION OF MOLD OR OTHER ENVIRONMENTAL CONCERNS. 9. Everyone is concerned over the potential threat to our environment by the release of chlorofluorocarbon refrigerants (C.F.C.'s) into the atmosphere. UHL has for many years had a "no pollution, we care" policy with all contaminants including refrigerants and refrigerant oil. Our technicians are trained to reclaim, filter, and re-use these refrigerants or, if badly contaminated, recycle them for re-use. All used refrigerant oils are disposed of through a licensed disposal organization. Many contractors are talking about doing something about pollutants - UHL IS DOING IT. 10. Our pricing does not cover any cost that may be incurred due to hazardous material or its removal or disposal, unless specifically provided for in the attached proposal. 11. All estimated labor is to be performed during UHL's normal working hours unless specified elsewhere in this proposal. 12. For compressor replacements, UHL will perform an acid test after the drier change (testing for any unsafe acidic oil levels). If more drier and oil changes are needed, you will be informed, and the cost of these additional changes will be added to the above quotation. 13_ This contract covers the complete understanding between the parties. No verbal representations shall be binding on either party. Zo HL EC U RfTY L€'J€Pa a limited liability company (LLC) PROPOSAL 763.425.7226 9065 ZACHARY LANE N Proposal: MP7088 MAPLE GROVE, MN 55369 Date: Aug 17, 2007 To: Maria Petersen City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 UHL Company will provide an Access Control System for the Police Department building to include: I Ken Doors Software on CD Rom w/Manual 4 Ken KDC-8 ffi7i3ii`°oriceuop__abinet. 12 Ken PXL-500P Tiger n Controller MS Prox 4 Ken PXL-50OW Tiger D Controller MS Prox 16 Ken SB-593 Satellite B Expansion Board 1 Keri LAN-520 LAN RS-232 to Ethernet Converter 24 Keri MS-5000BX Mini Star Wall Switch Reader 8 Ken P-600 Prox Reader/Keypad 4 Ken KPS-11 Power Supply 12V 10AMP I HES 1006-12124DC-630 12/24DC Electric Strike I HES K Option-630 1000 Series Option Kit 3 Linear SX-109920 MegaCode Wireless Receiver 6 Linear LMT-1/303 Personal Mini Transmitters 1 Linear SXR-64A Mini Transmitter Receiver 2 Linear PD2 2 Channel Voice Dialer 3 Dortronics DT-6510/BL-S35 Pull Station Blue 3 Dortronics DT-651 oBX/BL Back Box Blue 3 STI STI-1100B Stopper It w/Hom Blue 3 rrt 177-60-713 Lithium Batteries 9 Volt Installation Notes: • Quote includes wiring, installation, training and warranty. • Customer responsible for 110ac for the control panels and power supply. • Customer responsible to provide a PC per specification and a network connection. • Customer responsible for all regulatory inspections, permits and fees. All material is guaranteed to be as specified, for the sum of: $ 33,990 Alterations or deviations from the above specifications involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements are contingent upon strikes, accidents or delays beyond our control. The Owner will carry fire, tornado and other necessary insurance on the above work. Workmen's Compensation and Public Liability Insurance on the above work will be taken out by UHL Company, Inc. Respectfully submitted: Mike -Polley Mike Polley Account Manager NOTE: This proposal may be withdrawn by us if not accepted within 30 days. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do work as specified. Payment will be made as outlined above. Accepted (Sign): Name (Print): Date: Title: 2-5 UHL Company, Inc. - Terms and Conditions of Service 1. UHL Company, Inc. (UHL) will use competent personnel and state of the art equipment to perform its work in a timely and professional manner. 2. UHL warrants that it is protected by Worker's Compensation insurance, public liability insurance and property damage insurance policies. Certificates for all such policies of insurance will be provided to the Customer upon written request. Customer will carry fire, tornado, Builder's Risk with full owner and contractor coverage's and other necessary insurance for the period. 3. Payment is due within 30 days of presentation of invoice. Interest shall accrue on any unpaid balance at a rate of 1.5% per month. Acceptance by UHL of partial payments shall not constitute any release of collection or lien rights. 4. In the event of Customer default, UHL will give ten days notice to cure. If Customer remains in default, UHL may terminate this agreement and recover the balance due. Customer will pay all expenses, damages and cost incurred, including attorney's fees incurred by UHL in collecting the outstanding debt. 5. If, for any reason, Customer directs a cessation of the work on all or any part of the project, UHL shall be paid for its portion of work completed at the time of cancellation, including all expenses incurred by UHL. 6. Unless otherwise specified in the proposal, UHL will not furnish any performance or material payment bond. 7. All repair labor is guaranteed for ninety days (except in the case of compressor replacements which carry a thirty day warranty), while materials and parts are warranted per manufacturer specifications. UHL MAKES NO OTHER WARRANTY EXPRESS OR IMPLIED; AND ANY IMPLIED WARRANTY OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE WHICH EXCEEDS THE FOREGOING IS HEREBY DISCLAIMED BY UHL AND EXCLUDED FROM ANY AGREEMENT MADE BY ACCEPTANCE OF AN ORDER PURSUANT TO THIS PROPOSAL. UNDER NO CIRCUMSTANCES SHALL UHL BE LIABLE FOR PROSPECTIVE OR SPECULATIVE PROFITS, OR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. Under no circumstances will UHL's liability exceed the dollar amount of this proposal. 8. All material and equipment furnished and installed by UHL will carry the manufacturer's standard warranty. In many cases, this warranty will include an allowance for the cost of labor and related costs such as crane rental, refrigerant, etc., for correcting defects in material and workmanship, for a period of ninety (90) days after installation. However, if the standard manufacturer's warranty does not provide for this additional coverage, the customer will be responsible for payment of these repairs- THIS WARRANTY SPECIFICALLY EXCLUDES COVERAGE FOR ENVIRONMENTAL CONDITIONS, SUCH AS MOLD. UHL HAS MADE NO INSPECTION FOR, NOR REPRESENTATION REGARDING THE EXISTENCE OR NON-EXISTENCE OF MOLD ON THE CUSTOMER'S PREMISES. UHL HAS FURTHER MADE NO PROMISE OR AFFIRMATION THAT THE MATERIALS AND LABOR PROVIDED WILL ASSIST IN THE PREVENTION OR REMEDIATION OF MOLD OR OTHER ENVIRONMENTAL CONCERNS. 9. Everyone is concerned over the potential threat to our environment by the release of chlorofluorocarbon refrigerants (C.F.C.'s) into the atmosphere. UHL has for many years had a "no pollution, we care" policy with all contaminants including refrigerants and refrigerant oil. Our technicians are trained to reclaim, filter, and re-use these refrigerants or, if badly contaminated, recycle them for re-use. All used refrigerant oils are disposed of through a licensed disposal organization. Many contractors are talking about doing something about pollutants - UHL IS DOING IT. 10. Our pricing does not cover any cost that may be incurred due to hazardous material or its removal or disposal, unless specifically provided for in the attached proposal. 11. All estimated labor is to be performed during UHL's normal working hours unless specified elsewhere in this proposal. 12. For compressor replacements, UHL will perform an acid test after the drier change (testing for any unsafe acidic oil levels). If more drier and oil changes are needed, you will be informed, and the cost of these additional changes will be added to the above quotation. 13. This contract covers the complete understanding between the parties. No verbal representations shall be binding on either party. 2(o UHL ~EC~.'PlTY ~I~'I~Gt*I a limited liability company (LLC) PROPOSAL 763.425.7226 9065 ZACHARY LANE N Proposal: MP7087 MAPLE GROVE, MN 55369 Date: Aug 17, 2007 To: Maria Petersen City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 UHL Company will provide an Access Control System for the Fire Administration building to include: I Keri DOORS Soft a e on CD Rom w/Manual 5 Keri PXL-500P Tiger B Controller MS Prox 4 Keri SB-593 Satellite B Expansion Board I Keri LAN-520 LAN RS-232 to Ethernet Converter 9 Keri MS-3000X MicroStar Mullion Reader 5 Keri KPS4 Power Supply 12V 2AMP 8 AdamsRite 71RI-510-628 Rim Panic Electric Strike 24VDC 3/4" Installation Notes: • Quote includes wiring, installation, training and warranty. • Customer responsible for 110ac for the control panels and power supply. • Customer responsible to provide a PC per specification and a network connection. • Customer responsible for all regulatory inspections, permits and fees. All material is guaranteed to be as specified, for the sum of: $ 9,950 Alterations or deviations from the above specifications involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements are contingent upon strikes, accidents or delays beyond our control. The Owner will carry fire, tornado and other necessary insurance on the above work. Workmen's Compensation and Public Liability Insurance on the above work will be taken out by UHL Company, Inc. Respectfully submitted: Mike Volley Mike Polley Account Manager NOTE: This proposal may be withdrawn by us if not accepted within 30 days. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do work as specified. Payment will be made as outlined above. Accepted (Sign): Name (Print): Date: Title: 2,7 i UHL Company, Inc. - Terms and Conditions of Service 1. UHL Company, Inc. (UHL) will use competent personnel and state of the art equipment to perform its work in a timely and professional manner. 2_ UHL warrants that it is protected by Worker's Compensation insurance, public liability insurance and property damage insurance policies. Certificates for all such policies of insurance will be provided to the Customer upon written request. Customer will carry fire, tornado, Builder's Risk with full owner and contractor coverage's and other necessary insurance for the period. 3. Payment is due within 30 days of presentation of invoice. Interest shall accrue on any unpaid balance at a rate of 1.5% per month. Acceptance by UHL of partial payments shall not constitute any release of collection or lien rights. 4. In the event of Customer default, UHL will give ten days notice to cure. If Customer remains in default, UHL may terminate this agreement and recover the balance due. Customer will pay all expenses, damages and cost incurred, including attorney's fees incurred by UHL in collecting the outstanding debt. 5. If, for any reason, Customer directs a cessation of the work on all or any part of the project, UHL shall be paid for its portion of work completed at the time of cancellation, including all expenses incurred by UHL. 6. Unless otherwise specified in the proposal, UHL will not furnish any performance or material payment bond. 7. All repair labor is guaranteed for ninety days (except in the case of compressor replacements which carry a thirty day warranty), while materials and parts are warranted per manufacturer specifications. UHL MAKES NO OTHER WARRANTY EXPRESS OR IMPLIED; AND ANY IMPLIED WARRANTY OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE WHICH EXCEEDS THE FOREGOING IS HEREBY DISCLAIMED BY UHL AND EXCLUDED FROM ANY AGREEMENT MADE BY ACCEPTANCE OF AN ORDER PURSUANT TO THIS PROPOSAL. UNDER NO CIRCUMSTANCES SHALL UHL BE LIABLE FOR PROSPECTIVE OR SPECULATIVE PROFITS, OR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. Under no circumstances will UHL's liability exceed the dollar amount of this proposal. 8. All material and equipment furnished and installed by UHL will carry the manufacturer's standard warranty. In many cases, this warranty will include an allowance for the cost of labor and related costs such as crane rental, refrigerant, etc., for correcting defects in material and workmanship, for a period of ninety (90) days after installation. However, if the standard manufacturer's warranty does not provide for this additional coverage, the customer will be responsible for payment of these repairs. THIS WARRANTY SPECIFICALLY EXCLUDES COVERAGE FOR ENVIRONMENTAL CONDITIONS, SUCH AS MOLD. UHL HAS MADE NO INSPECTION FOR, NOR REPRESENTATION REGARDING THE EXISTENCE OR NON-EXISTENCE OF MOLD ON THE CUSTOMER'S PREMISES. UHL HAS FURTHER MADE NO PROMISE OR AFFIRMATION THAT THE MATERIALS AND LABOR PROVIDED WILL ASSIST IN THE PREVENTION OR REMEDIATION OF MOLD OR OTHER ENVIRONMENTAL CONCERNS. 9. Everyone is concerned over the potential threat to our environment by the release of chlorofluorocarbon refrigerants (C.F.C.'s) into the atmosphere. UHL has for many years had a "no pollution, we care" policy with all contaminants including refrigerants and refrigerant oil. Our technicians are trained to reclaim, filter, and re-use these refrigerants or, if badly contaminated, recycle them for re-use. All used refrigerant oils are disposed of through a licensed disposal organization. Many contractors are talking about doing something about pollutants - UHL IS DOING IT. 10. Our pricing does not cover any cost that may be incurred due to hazardous material or its removal or disposal, unless specifically provided for in the attached proposal. 11. All estimated labor is to be performed during UHL's normal working hours unless specified elsewhere in this proposal. 12. For compressor replacements, UHL will perform an acid test after the drier change (testing for any unsafe acidic oil levels). If more drier and oil changes are needed, you will be informed, and the cost of these additional changes will be added to the above quotation. 13. This contract covers the complete understanding between the parties. No verbal representations shall be binding on either party. Agenda Memo September 4th, 2007 City Council Meeting G. DAKOTA COUNTY FIRE RECORDS MANAGEMENT SYSTEM ACTION TO BE CONSIDERED: Approve resolution to allow the Dakota Communications Center (DCC) to pay for up to 50% of the data conversion expense for data conversion on the newly approved Dakota County Fire Records Management System (RMS). FACTS: • The DCC will pay for 50% of the data conversion of all Dakota County Fire Departments to convert their records from their existing records system to the newly approved Dakota County fire records system. • The Dakota County Fire Chief's Association recently selected Image Trend as the approved Records Management System for all Dakota County Fire Departments. • The DCC has agreed to pay for 50% of the data conversion fees for any city fire department that has a resolution from their city council by December 31St, 2007. • The Eagan Fire Department would like to be part of the county wide RMS system and is recommending that the City Council approve the resolution to allow the DCC to pay for 50% of the data conversion expense. ATTACHMENT: Resolution attached on page 3y a~ WHEREAS, Dakota County and All Dakota County Cities with a population of more than 10,000 have agreed to participate in a countywide Joint Dispatch Center, known as the Dakota Communications Center, which is governed by a Joint Powers Agreement; and WHEREAS, after reviewing a study conducted by DCC user agencies, the Executive Committee and Board of Directors of the Dakota Communications Center formally adopted the Printrak Computer Aided Dispatch and Mobile Data software solution as provided by LOGIS, a consortium of local government technology users governed by a Joint Powers Agreement; and WHEREAS, the Dakota Communications Center recognizes the operational advantages of an integrated Dispatch and Fire/EMS records management system; and WHEREAS, the Fire Records Management System provided by Image Trend has been selected by the Dakota County Fire Chief's Association to be configured to receive Data from the DCC CAD system; and WHEREAS, the Dakota Communications Center will pay 50% of the data conversion costs for the City of Eagan to convert their fire records management system to the Image Trend Fire records management system, if such intent in declared by the City of Eagan no later than December 31, 2007. NOW, THEREFORE, BE IT RESOLVED, that the City of Eagan will utilize the Image Trend Fire Records Management System as the records management system for the Fire Department's records management needs, and BE IT FURTHER RESOLVED, That the City Administrator inform the Dakota Communications Center of this decision to participate in the Image Trend Fire Records Management System. 8120107 Page I Agenda Information Memo Eagan City Council Meeting Consent Agenda September 4, 2007 H. APPROVE SHORT TERM LEASE FOR ARMFUL OF LOVE PROGRAM AT ALL AMERICAN RECREATION ACTION TO BE CONSIDERED: To authorize the preparation of short term lease agreement for Community Action Council - Armful of Love Program at All American Recreation and authorize the Mayor and City Clerk to execute the agreement. FACTS: ➢ The City of Eagan purchased the Jerry Schiltz building at 3820 Sibley Memorial Highway earlier this year. It was vacated by the tenant, All American Recreation, on June 30, 2007. The building is scheduled to be demolished in late December. ➢ While the City does not intend to release the property for general use, it has received a request from the Community Action Council to house its annual Armful of Love gift donation program in the vacant space. The space would be required from October 1 through the December 18, 2007. ➢ In 2006, the City received a similar request from the CAC to locate this program in a vacant space at the Cedarvale Mall. The City entered into a short term lease with the CAC at that time to lease the property to them at that time for $1,000 per month, in order to cover basic costs of operating the space. The CAC has asked that the City consider similar terms this year. ➢ A lease agreement has been prepared to lease the former All American Recreation building to the Community Action Council for two and one-half months beginning on October 1. The lease would require that the CAC provide liability insurance for its operation of the space. ATTACHMENTS: ➢ CAC letter on page 3 throug ➢ Lease agreement on pages h. August 9, 2007 Jon Hohenstein City of Eagan Community Development Director 3830 Pilot Knob Road Eagan, MN 55122 Dear Jon, Thank you for your commitment to Community Action Council (CAC) with the use of the Cedarvale Mall for Armful of Love during the 2006 holiday season. The use of this facility helped us provide a joyful holiday for 1,677 families as well as providing community engagement for over 800 volunteers and sponsors. CAC services like Armful of Love are an important way to build community involvement and civic awareness about the needs of our neighbors. Thanks to community partners such as the City of Eagan, the use of the Cedarvale Mall allowed Armful of Love to be more accessible to families, volunteers and sponsors. We hope you will consider allowing Community Action Council to have the use of the All American Recreation facility for Armful of Love for the 2007 season. This space would be a perfect place to support the needs of Armful of Love from October 1, 2007 to December 18, 2007. We hope you are able to consider our request. Together we make a lasting difference for families and our community. fiD C c / K ind regards, AUG .1 D 3 zoos Mary Ajax President/CEO 3a COMMUNITY ACTION COUNCIL LEASE This is a legal agreement ("Lease") between the Tenant and the Landlord to rent the Premises described below. The word LANDLORD as used in this Lease means the EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation (the "EDA" The word TENANT as used in this Lease means COMMUNITY ACTION COUNCIL, INC., a Minnesota non-profit corporation. This Lease can be enforced in court against the Landlord or the Tenant if either one of them does not comply with this Lease. 1. Description of Building. The building is located at property commonly known as the "All American Recreation" property (the "Property") located at 3820 Sibley Memorial Highway in the City of Eagan, County of Dakota, State of Minnesota (the "Premises"). The term "Premises" also includes shared use of parking on the Property. Tenant also acknowledges that a large construction/marketing trailer will be located in the parking lot on the Property. 2. Term of Lease. The term of this Lease is for two months commencing on October 1, 2007, and ending on December 18, 2007, time being of the essence (the "Term"). Tenant may terminate this Lease at any time earlier than the end of the term and shall not be liable for payment of rent beyond the period of occupancy. 3. Rent. a. Amount. The rent for the Term is One Thousand and no/100 Dollars ($1,000.00) per month, for a total of Two Thousand Five Hundred and no/100 Dollars ($2,500) for the term. 4. Acceptance/Quiet Enjoyment. Tenant accepts the condition of the Property and Premises in an "as-is" condition. If Tenant complies with the provisions of this Lease, Tenant may use the Premises for the term of this Lease. 5. Use of Premises. The Premises must be used only for Tenant's business and for no other purpose. 6. Alterations/Removal of Personal Property from the Premises. Tenant may not make any material alterations to the Premises absent the Landlord's written consent. 7. Damage to Premises. If the Premises is damaged or destroyed, Landlord may terminate this Lease immediately and may decide not to rebuild the Premises. For purposes of this paragraph, the Premises is deemed damaged or destroyed if the Premises is damaged by more than 25% as determined by the City's Building Inspector. 8. Utilities. Landlord shall pay for all utilities, including electric, gas, water, etcetera for the Premises; Landlord will not provide phone service. 9. Insurance. Tenant shall, at Tenant's expense, procure liability and personal property insurance for the term of the Lease listing Landlord as additional insured and indemnifying Landlord from any claim relating to Tenant's tenancy of the Premises. The amount of insurance coverage must be approved by Landlord prior to the commencement of the Lease term. Such insurance shall be provided by an insurance company acceptable to Landlord. 10. Right of Entry. Landlord and Landlord's agents may, upon prior written notice to Tenant, enter the Premises at reasonable hours to inspect the Premises and perform any work that Landlord decides is necessary. 11. Assignment and Subletting. Tenant may not assign this Lease, lease the Premises to anyone else (sublet), sell this Lease or permit any other person to use the Premises without the prior consent of the Landlord. If Tenant does, Landlord may terminate this Lease. Any assignment or sublease made without Landlord's written consent will not be effective. 12. Termination. Tenant shall move out of the Premises when the Lease term ends. Tenant may not renew the Lease, time being of the essence. 13. Surrender of Premises. When Tenant moves out, Tenant shall leave the Premises in a "broom clean" condition and as it was when the Lease started. 14. Abandonment. If Tenant moves out of the Premises before the end of this Lease and Tenant fails to provide seven (7) days written notice to Landlord, Landlord may bring a legal action to recover possession of the Premises. If Landlord recovers possession of the Premises after Tenant moves out, then Landlord may consider Tenant's personal property in the Premises to also have been abandoned. Landlord may then dispose of the personal property in any legal manner. 15. Indemnification. Tenant shall indemnify and save harmless Landlord against all liabilities, damages, claims, fines, penalties, costs and other expenses, which may be imposed upon, incurred by or asserted against Landlord by reason of all of the following: (a) any use or condition of the Property or in the building or any part thereof; (b) any personal injury or property damage occurring on the Property or in the building; (c) any negligence on the part of Tenant, its agents, contractors, licensees or invitees; (d) any failure to comply with any requirement of any governmental authority; (e) any prosecution or defense of any suit or other proceeding in discharging the building or any part thereof from any liens, judgments or encumbrances created upon or against the same or against Tenant's leasehold estate; (f) any proceedings in obtaining possession of the Premises after the termination of this Lease by forfeiture or otherwise; (g) any litigation commenced by or against Tenant to which Landlord is made a party without any fault on the part of Landlord; (h) any response costs, other damages and expenses which may be imposed upon, incurred by or asserted against Landlord by reason of the use, release, threatened release or disposal of Hazardous Wastes at the Premises; and (i) any failure on the part of Tenant to perform or comply with any covenant or agreement required to be performed or complied with by Tenant hereunder. 2 16. Default. If Tenant violates a term of this Lease and Landlord does not terminate this Lease or evict Tenant, Landlord may still terminate this Lease and evict Tenant for any other violation of this Lease. 17. Successors and Assigns. The terms of this Lease apply to the Tenant and Landlord. The terms of this Lease also apply to any legal representatives and assigns of Tenant or Landlord. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. LANDLORD: EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation By: Mike Maguire Its: President By: Thomas L. Hedges Its: Executive Director TENANT: COMMUNITY ACTION COUNCIL, INC., a Minnesota non-profit corporation By: Its: 3 35- STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2007, by Mike Maguire and Thomas L. Hedges, respectively the President and Executive Director of the EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation. Notary Public STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2007, by , the of COMMUNITY ACTION COUNCIL, INC., a Minnesota non-profit corporation, on behalf of the non-profit corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Robert B. Bauer SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 953-8847 (RBB: 206-23508) 4 -3( Agenda Information Memo September 4, 2007, Eagan City Council Meeting 1. EXTENSION FOR RECORDING FINAL SUBDIVISION AND FINAL PLANNED DEVELOPMENT - LO NIDY ACTION TO BE CONSIDERED: To approve a 120-day extension of time to record the Final Subdivision and Final Planned Development for Lo Nidy located at the southwest intersection Yankee Doodle Road and Highway 149 in the NW 1/4 of Section 13. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the Final Subdivision on October 17, 2006. The plat is required to be recorded within 60 days of approval. ➢ The applicant requested a 60-day extension of the Final Subdivision recording due to difficulties in finalizing the Development Contract. ➢ The City Council approved a 60-day extension to the recording of the Final Subdivision on December 19, 2006 and a 120-day extension on April 4, 2007. ➢ The applicant is requesting another 120-day extension of the Final Subdivision and Final Planned Development approval due to unforeseen project delays. ➢ A letter from the applicant's engineer is attached. ATTACHMENT (1): Letter from applicant's engineer, page3F? -37 RECEIVED AUG 15 Eff August 15, 2007 Planning Civil Engineering Sarah Thomas Land Surveying City of Eagan - Planning Landscape Architecture 3830 Pilot Knob Road Eagan, MN 55122 Environmental (651) 675-5696 RE: Lo Nidy - Recording final subdivision - 120 Day Extension Highway 149 & Yankee Doodle, Eagan, MN Loucks Project #05-60713 Dear Ms. Thomas, 1. We have been asked to request a 120-day extension by Gopher Resource Corporation. We are requesting this extension, because the closest Council date we can make is the I" Council meeting in September. Please give me a call with any questions at 763-496-6760 Sincerely, Loucks Associates William B. Sharbono .cc Daniel Leisch, Gopher Resource Corporation Agenda Information Memo September 4, 2007 Eagan City Council Meeting J CONTRACT 07-06, LEBABNON HILLS REGIONAL PARK/LONG ACRES STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 07-06 (Lebanon Hills Regional Park/Long Acres - Storm Sewer Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Tuesday, September 25, 2007. FACTS: • Project 905R provides for the managed conveyance of storm water flows from southeast Eagan into and through, as well as for, Dakota County's Lebanon Hills Regional Park (LHRP). This project has been programmed for 2007 in the currently approved Capital Improvement Plan. • In 2005, Dakota County completed its comprehensive surface water management plan for the 1400 acre regional park to manage the rate and volume of water that flows through the park. That plan also incorporates the "core" elements of this proj ect. • On July 17, 2007, the City Council approved a Joint Powers Agreement with Dakota County, Rosemount and Apple Valley for Lebanon Hills Regional Park Storm Water Management and Project 905R. • All of the easements or access rights needed for the construction of said improvements have been agreed to by the impacted property owners. Permit approval from the Department of Natural Resources is pending and the specifications properly address the timing of all construction activity related to the permit approval. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. • An advertisement will be published in the legal newspaper informing contractors of the bid. ATTACHMENTS: • Location Map, page 7-7 r pea r^Y- w . x _Tl € cu c na ul :r c ~ 41 it all 1 ( ( a s 9 4k i N . r y t ~C .y" Q 1 ~ oa ~ ~ ~ ~ ~ CS's cr it-Is Im -0 b. C E in 4) cy, .2 _ .I ltd t Agenda Information Memo September 4, 2007 Eagan City Council Meeting K. CONTRACT 06-01, TH 149 RECONSTRUCTION & UPGRADE (TH 55 - ALBANO TRAIL) ACTION TO BE CONSIDERED: Approve Work Order Numbers 19-21 for Contract 06-01, TH 149 Reconstruction. FACTS: • The City of Eagan is the lead agency in partnership with the Minnesota Department of Transportation (MnDOT) for Contract 06-01 which provides for the upgrade of a 2.7 mile segment of 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. • Work Order No. 19 provides for the removal of one (1) existing air relief manhole and the construction of two (2) new air release manholes needed to allow for the lowering of a storm sewer forcemain. The increased costs associated with this addition will be financed by the Storm Sewer Trunk Fund. (ADD $4,414.00) • Work Order No. 20 provides for the removal and reinstallation of watermain pipe and associated fittings which were in conflict with proposed storm sewer pipe. The increased costs associated with this addition will be financed by the Major Street Fund. (ADD $5,000.00) • Work Order No. 21 provides for the installation of bituminous leveling courses at the Yankee Doodle Road intersection to achieve proper pavement elevation. The increased costs associated with this addition will be financed by the Major Street Fund. (ADD $18,000.00) • The costs associated with these Work Orders have been reviewed by MnDOT and determined to be consistent with bid prices received for relevant bid items on other projects within the metropolitan area. • The Work Orders have been reviewed by the Engineering Division and found to be in order for favorable Council action. Agenda Information Memo September 4, 2007 Eagan City Council Meeting L. CONTRACT 06-01, TH 149 RECONSTRUCTION & UPGRADE (TH 55 - ALBANO TRAIL) ACTION TO BE CONSIDERED: Approve Supplemental Agreement Number 6 for Contract 06-01, TH 149 Reconstruction. FACTS: • The City of Eagan is the lead agency in partnership with the Minnesota Department of Transportation (MnDOT) for Contract 06-01 which provides for the upgrade of a 2.7 mile segment of 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. • Supplemental Agreement No. 6 incorporates sixteen (16) revised plan sheets into the project contract. There are no increases to the construction cost as a result of these revisions. • The Supplemental Agreement has been reviewed by the Engineering Division and found to be in order for favorable Council action. Agenda Information Memo September 4, 2007 Eagan City Council Meeting M. CONTRACT 06-08. NORTH RIDGE DRIVE STORM DRAINAGE IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 06-08 (North Ridge Drive Storm Drainage Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 06-08 provides for the construction of corrective storm drainage improvements to address recurring home flooding concerns in the North Ridge Drive neighborhood (City Project No. 939), specifically at 3865 North Ridge Drive. • On August 9, 2007, the City Council awarded the base bid for Contract 06-08 for the pipe work near 3865 North Ridge Drive only. • At that time, an alternate bid was not awarded for backyard re-grading to address home flooding concerns at 3849 North Ridge Drive, due to the lack on necessary easements to complete the work. • The easements for this work have now been received, and Change Order #1 provides for the addition of backyard re-grading work to Contract 06-08 to address home flooding concerns at 3849 North Ridge Drive (ADD $15,387.50 - same price as the alternate bid received). • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Location map of proposed work, page 4.~ . rte, a '✓'r ' ~C: '~1' R,7' ~'i ~i K i l ~lx ` ~wi.~x.. r ~ /M ~ : ~ ""r, ~ F ..f t ' \tt ~ : 'Fi 1 Yr n F ~ C ',S ~ L' 'e+P L Z,,, yey,M ti ~ _ ~ ~ ira'te' ~ ~ . ~k p . 111 ~ S s wE•~'Y'~' I~lo _ 1 A li~ ~ra ri at ` r3 ; II SQL ~ :Y ~~r i ~x.. I~ I 3 BACKYARD RE-GRADING CHANGE ORDER Ll F ~ ~ .i L- r 4 r s ' r' z. h j, j'F ,e , Kos x t i; { ~ STORM SEWER ORIGINAL CONTRACT Y ~ b . > ~I ~ it ~ ~z i i ~ ~1 65~• k h r ~ ~ Q ~ Y rte, R : [a a 1 _ e fk ~""'"a Y•,t% ti i•< _ e `5 ~ . sY~ ~ _ ~i , ~ ~ ~ e s ~ r: W .,c 4t r a Contract 06-08 North Ridge Drive DATE City p rtmen Storm Drainage Improvements 8-30-07 Engineering Department Agenda Information Memo September 4, 2007 Eagan City Council Meeting N. CONTRACT 06-01, TH 149 RECONSTRUCTION & UPGRADE (TH 55 - ALBANO TRAIL) ACTION TO BE CONSIDERED: Approve a Damage Agreement for Contract 06-01 (TH 149 Upgrade - Street Upgrade and Trail Improvements) with the owner of Parcel No. 10-01200-050- 52 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan is the lead agency on the upgrade of Trunk Highway (TH) 149 to a four- lane divided highway between TH 55 and Albano Trail in Inver Grove Heights. The proposed project includes an urban curb & gutter section north of Yankee Doodle Road and rural ditch section to the south, a new traffic signal at the intersection of Wescott Road, and a trail along the east side, north of Wescott Road. • The upgrade of TH 149 required the acquisition of numerous permanent and temporary easements from the adjacent properties. • Appraisals were obtained for all required easements. An offer, based on the appraisal, for a 50-foot temporary easement was forwarded to the owner of Parcel No. 10-01200-050-52. • The property owner offered to donate the temporary easement in exchange for the construction of an earthen berm in the temporary easement area. Included in the easement area was a mature tree that the property owner desired to preserve. It was not known at the time of final design whether the tree could be preserved through the construction process. It was mutually agreed that attempts would be made to preserve the tree during the construction process. • It became apparent when construction commenced that the tree could not be preserved and was subsequently removed. It was mutually determined by the City and the property owner that payment of $1,500 would be appropriate compensation for the removal of the tree. The property owner has consented to this offer. • An agreement between the City of Eagan and the owners of Parcel 10-01200-050-52 has been prepared providing for reimbursement of the tree which was removed. • Engineering staff and the City Attorney's office have reviewed the agreement and found it to be in order for favorable Council action. ISSUES: • If the City Council would desire to discuss this item, it would be appropriate to direct any discussion to a Closed Session. Agenda Information Memo September 4, 2007 Eagan City Council Meeting 0. CONTRACT 07-04, BOULDER LAKES STREET & UTILITY/ LONE OAK ROAD TRUNK WATER MAIN IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 07-08 (Boulder Lakes Street & Utility Improvements & Lone Oak Road Trunk Water Main Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, September 27, 2007. FACTS: • Contract 07-04 provides for the public street & utility improvements to serve the Boulder Lakes Business Park development and the trunk water main improvements along Lone Oak Road (City Project No. 952), as outlined and discussed in the feasibility report for the project. • On August 21, 2007, the City Council held a public hearing for Project 952. After public testimony, the Council approved the project and authorized preparation of detailed plans and specifications for the 2007 construction season. • Also on August 21, 2007, the City Council approved the final subdivision of Boulder Lakes Business Park development dedicating all required easements within the subdevision. • The plans and specifications have been completed by the City Engineer and are being presented to the City Council for their approval and authorization for the advertisement of bids. Agenda Memo September 4th 2007 Regular City Council Meeting CONSENT AGENDA: P. Award contract for Records Management System to Image Trend. ACTION TO BE CONSIDERED: Approve contract agreement for the Eagan Fire Department with Image Trend as its Records Management vendor for the remainder of 2007-2008, subject to approval by the City Attorney. FACTS: • The Dakota County Fire Chief's have approved Image Trend as the authorized vendor for records management for all Dakota County Fire Departments. • The Dakota Communications Center has authorized Image Trend to be the approved vendor for fire department records management. • The Eagan Fire Department would like to select Image Trend to be our records management provider. • The contract approves Image Trend and the City of Eagan to work in a test mode for the remainder of 2007 and to go "live" in 2008. • Per the resolution (Item G.)the DCC will pay 50% of the data conversion expenses. ATTACHMENTS: • If any member of the City Council would like a copy of the agreement, it is available in the Office of the City Administrator. Agenda Information Memo September 4, 2007, Eagan City Council Meeting Q. EXTENSION FOR RECORDING FINAL PLAT - EAGAN HOSPITALITY GROUP (OAKVIEW CENTER 2ND ADDITION) ACTION TO BE CONSIDERED: To approve a 60-day extension of time to record the final plat for Oakview Center 2nd Addition, located south of Lone Oak Road and north of Hwy. 55 in the NW 1/4 of Section 12. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the final plat on April 4, 2006. The plat is required to be recorded within 60 days of approval. ➢ The plat approval has previously been extended four times for 90 days each time. The current extension expired May 29, 2007. ➢ The applicant has had a delay in the closing on the purchase of the property, which has resulted in delaying the recording of the final plat. ➢ The applicant has submitted a letter indicating they expect to be able to proceed by September 30, 2007. The present requested extension would allow until November 3, 2007 for recording. ATTACHMENTS (1): Letter from Eagan Hospitality Group, page IP!nA nn Eagan Hospitality Group, LLC August 30, 2007 Pam Dudziak Planner, City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE. Extension of Plat Approval for Eagan Comfort Suites Dear Pam; Please consider this request for an extension of our plat approval for 60 days. We anticipate that we will be able to proceed by October 31, 2007. If you have any questions regarding this request, please contact me. Sincerely, Robert C. Rehm Eagan Hospitality Group, LLC Badger Midwest Holdings, LLC Enclosure: Check for Plat Extension Fee ($75.00) P.O. Box 282 Waterloo, WI 53594 49 Agenda Memo September 4, 2007 City Council Meeting Public Hearings A. AMENDMENT to the 2007 Commercial/Industrial park dedication fees. ACTION TO BE CONSIDERED: To close the pulbic hearing and approve the resolution amending the 2007 Commercial/Industrial park dedication fees and authorizing the refund of fees already collected in 2007 that exceed the new calculation. FACTS: • On March 6, 2007 the Council took action to amend the Park Dedication Policy so the language would better state how the rates would be calculated and to show the standard rate. • Once the policy was in place for implementation it was discovered that the formula was not meeting the objectives for development the Council was seeking • As directed by the City Council the Acquisition/Development subcommittee of the Advisory Parks Commission met to review the current formula and suggest a modification that would better meet the objectives of the Council for development. The full APrC subsequently made a final recommendation at their June 18 meeting. • The recommendation by the APrC was to reduce the resident equivalency factor in the formula from 0.5 to 0.25 per 1000 square feet of building. The change in the formula results in the following: .5 resident equivalency .25 resident equivalency Commercial $1717 per 1000 sq. ft. $869 per 1000 sq. ft. Industrial 483 per 1000 sq. ft. 236 per 1000 sq. ft. • This change would affect any commercial/industrial fees calculated in 2007 and the Council should consider authorizing the refund of any fees collected that exceed the new .025 resident equivalency factor. • The Council reviewed this action at their August 9 meeting where the City Attorney recommended and the Council directed this item to a public hearing on September 4. • Should the Council require further review of this issue they may wish to consider directing it back to the Finance Committee. ATTACHMENTS: • Resolution amending the 2007 fees on page ~O RESOLUTION CITY OF EAGAN AMENDING THE 2007 FEE SCHEDULE AND AUTHORIZING THE REFUND OF COMMERCIAL / INDUSTRIAL PARKLAND DEDICATION FEES COLLECTED IN 2007 AT AMOUNTS THAT EXCEED THE NEW CALCULATION WHEREAS, various sections of the City Code provide for fees to be established by City Council resolution; and WHEREAS, the City desires to recover certain user related costs through fees and reimbursement; and WHEREAS, in official action at its regular meeting held on December 19, 2006 the City Council approved a 2007 Fee Schedule; and WHEREAS, the City desires to amend the adopted 2007 Fee Schedule; and WHEREAS, certain applicants have paid 2007 commercial / industrial parkland dedication fees at amounts that exceed the new calculation. NOW THEREFORE, BE IT RESOLVED, that the commercial and industrial parkland dedication fees be amended; and NOW THEREFORE, BE IT FURTHER RESOLVED, that the commercial / industrial parkland dedication fees collected in 2007 at amounts that exceed the new calculation be refunded. Motion by: Seconded by: Those in Favor: Those Against: Date: September 4, 2007 CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 4th day of September, 2007. Maria Peterson, City Clerk Agenda Memo September 4, 2007 Eagan City Council Meeting NEW BUSINESS: A. Certification of the preliminary 2008 budget and property tax levy and setting of Truth-in- Taxation hearing dates. ACTIONS TO BE CONSIDERED: • To approve the preliminary payable 2008 property tax levy as follows: General Revenue levy: General Fund $19,695,900 Major Street Construction Fund 2,310,203 Equipment Revolving Fund 950,712 General Facilities Renew/Replace Fund 460,334 Subtotal - General Revenue levy 23,417,149 Community Center bonds debt service 1,199,363 Cedarvale Special Services District 3,000 Total levy $ 24,619,512 • To approve the preliminary 2008 General Fund expenditure budget, including contingency, of $26,688,500. • To set the initial Truth-in-Taxation hearing date for Monday, December 3, with a continuation hearing date (if necessary) of Monday, December 10. FACTS: • The City Council is required by law to certify the proposed payable 2007 property tax levy on or before September 17, 2007. The levy can be subsequently decreased, but not increased. • The City Council reviewed the proposed budget and levy at a special meeting on August 14; no changes have been made to the original numbers presented. • Both the budget and levy will be reviewed again prior to final adoption in December. • The County will use this preliminary certification information in preparing Truth-in-Taxation notices to be mailed in late-November. • Truth-in-Taxation hearing dates were reviewed at the August 14 special meeting. • Changing the date of the first City Council meeting in December is not necessary as the meeting was already scheduled for Monday, December 3 at the beginning of the year in anticipation of Truth-in-Taxation. ATTACHMENTS: • The preliminary 2008 General Fund expenditures budget summary is enclosed on page 5:3 S~ 2008 Comparative Summary of Expenditures General Fund Budget 2007 2008 Difference 08 vs. 07 Budget Proposed Amount % GENERAL GOVERNMENT 01 Mayor & Council 127,500 $ 129,900 $ 2,400 1.9% 02 Administration 485,200 498,900 13,700 2.8% 03 Information Technologies 1,141,400 1,217,000 75,600 6.6% 04 City Clerk 229,000 313,300 84,300 36.8% 05 Finance 955,200 1,062,500 107,300 11.2% 06 Legal 458,000 470,400 12,400 2.7% 07 Comm Dev--Planning/ED 880,100 892,400 12,300 1.4% 08 Comm Dev--Inspections 906,300 931,700 25,400 2.8% 09 Communications 452,800 485,300 32,500 7.2% 10 Human Resources 241,900 247,600 5,700 2.4% General Govt Total 5,877,400 6,249,000 371,600 6.3% PUBLIC SAFETY 11 Police Administration 477,100 488,700 11,600 2.4% Investigations 1,453,100 1,546,900 93,800 6.5% Patrol 5,739,600 5,996,600 257,000 4.5% Support Services 2,162,800 2,307,800 145,000 6.7% Total Police 9,832,600 10,340,000 507,400 5.2% 12 Fire Administration 1,139,300 1,066,800 (72,500) -6.4% Operations 173,800 223,300 49,500 28.5% Inspections/prevent 228,600 307,800 79,200 34.6% Total Fire 1,541,700 1,597,900 56,200 3.6% Public Safety Total 11,374,300 11,937,900 563,600 5.0% PUBLIC WORKS 21 Engineering 1,138,900 1,190,900 52,000 4.6% 22 Streets & Highways 1,617,400 1,683,000 65,600 4.1% 24 Central Services Maint. 531,800 562,100 30,300 5.7% Public Works Total 3,288,100 3,436,000 147,900 4.5% PARKS & RECREATION 30 Recreation 2,053,900 2,108,900 55,000 2.7% 31 Parks . 1,737,200 1,807,000 69,800 4.0% Total Parks & Recreation 3,791,100 3,915,900 124,800 3.3% 32 Tree Conservation 464,100 471,600 7,500 1.6% Parks & Rec Total 4,255,200 4,387,500 132,300 3.1% GENL GOVT BLDG MAINT 33 Building Maintenance 639,400 663,100 23,700 3.7% Total Expenditures- General Fund 25,434,400 26,673,500 1,239,100 4.9%u 41 Contingency--undesignated 14,900 15,000 100 0.7% Transfer Out - - Total Expenditures + Conting/Trsfrs $ 25,449,300 $ 26,688,500 $ 1,239,200 4.9% 73 Agenda Information Memo September 4, 2007, Eagan City Council Meeting B. RESOLUTION DIRECTING THE QUESTION OF A PROPOSED CITY CHARTER TO A CITY SPECIAL ELECTION AND APPROVING THE TITLE FOR THE BALLOT QUESTION WAIVE THE COST FOR DISSEMINATION OF THE PROPOSED CHARTER AND APPROVE THE STATEMENT OF DISCLOSURE PER THE RECOMMENDATION OF THE CITY ATTORNEY ACTION TO BE CONSIDERED: To approve a resolution directing the question of a proposed City Charter to a City Special Election and approve the title, "DECISION ON WHETHER TO CHANGE EAGAN' S FORM OF GOVERNMENT", for the ballot question on the proposed Charter. To waive the cost for dissemination of the proposed Charter and approve the statement of disclosure per the recommendation of the City Attorney. FACTS: ➢ On August 21, 2007, the Eagan Charter Commission submitted a draft Charter to the City Clerk. Minnesota Statute 410.10 states, "Upon delivery of such draft, the council or other governing body of the city shall cause the proposed charter to be submitted at the next general election thereafter occurring in the city within six months after the delivery of such draft, and if there is no general city election occurring in the city within six months after the delivery of such draft, then the council or other governing body of the city shall cause the proposed charter to be submitted at a special election to be held within 90 days after the delivery of such draft." ➢ Since no general election is scheduled to occur within six months of August 21, 2007, the Council has the discretion to set the special election date; however, they must set a date for the special election to meet the statutory requirement of a 53-day notice to the County Auditor and to meet the statutory requirement for holding a special election within 90 days of submittal of the proposed Charter. Therefore, if official action is taken at the City Council meeting on September 4 to set a special election, it can be held no earlier than October 27 to provide the required 53-day notice and no later than November 19 to meet the 90-day requirement. In the event the end dates are to be considered, staff would request a legal review to ensure that the calculation is consistent with the intent of the statutes. The impact of the 27th being a Saturday has not been reviewed. ➢ School District 196 and 197 will both be conducting elections on November 6. ISD 196 voters will vote for school board members and ISD 197 voters will vote for school board members and on two referendum questions. School District 191 will be making a decision about a referendum question at their September 6 School Board meeting. Included with the proposed Charter, was a transmittal from Erik Hedtke, Chair of the Charter Commission, noting the intent of the Commission that the question be presented in concert with the school elections. While one election is certainly cheaper than two, there will clearly be cost shifting from the school districts to the City resulting from the legal requirement for the City to conduct the special election. ➢ With regard to ballot content for the special election, the ballot is required to bear the printed words: "Shall the proposed new charter be adopted? Yes.... No...." The ballot question is also required to contain a title to accurately describe the question asked. As was the case when the Charter was presented to the voters in 2004, per the City Attorney, the appropriate title is "DECISION ON WHETHER TO CHANGE EAGAN'S FORM OF GOVERNMENT". ➢ The City has a legal obligation to publish once per week for two successive weeks in the Thisweek Newspapers (the official newspaper of the City) the Notice of Election together with the complete Charter. If the Council sets the date of the election for November 6, publication of the Notice of Election and the complete Charter will occur on October 20 and October 27. ➢ Per the City Attorney, the City as an organization does not have any legal responsibility to review the draft Charter for consistency with the existing statutes or potential conflicts. Additionally, the City Council is permitted to present disclaimers as to the source of the draft Charter and the involvement of the Council in the Charter preparation. Unless otherwise directed by the Council, staff will proceed as directed in 2004 by the City Attorney regarding the dissemination of the proposed Charter by posting an electronic copy of the Charter on the City website with the following statement: "The City of Eagan and the Eagan City Council are not responsible for the content of this document." The same disclaimer will appear when the Charter is published for two consecutive weeks in the legal newspaper. Note: The Commission representative challenged the statement of no employee involvement being included in the disclaimer as written in 2004. The Director of Administrative Services was directed to attend Commission meetings and did assist in writing some of the financial provisions. Therefore, the City Attorney is recommending that the disclaimer be modified accordingly as noted above. ➢ For citizens who request a paper copy of the Charter, the City Attorney has recommended that the paper copy be provided and should include with it the same disclaimer from the City as is associated with the electronic copy on the City's web site and the published Charter in the newspaper. The City Attorney has also recommended that the copies of the Charter be provided free of charge, which is consistent with the City's past practices of providing information on referendums at no cost. If someone should ask for a copy pursuant to a data practices request, and pays for the copy, the material should be provided without the disclaimer. ➢ Since it is not directly related to the election, staff has not researched implementation issues in the event the charter is approved by the voters. It can probably be assumed that there would be some conflicts between the new charter, the current City Code, and existing City policies and practices. The proposed charter contains a Chapter on Transition, Amendment, and Severability; however, it has not been reviewed as to impact on the existing City governance. ➢ Councilmember Carlson has suggested that the City Council may wish to take official action to amend the 2007 General Fund Budget to incorporate a $30,000 increase to the City Clerk Department to provide for the estimated cost of this election. The $30,000 does not include any notices or voter education which, if desired would increase the cost of the Special Election per the next bullet. ➢ If the special election is held on November 6 in concert with the school elections, the City Council may want to consider the extent of voter notification regarding the combined elections. The City Council may wish to consider official action directing staff to prepare an election notice to be mailed with a fact sheet (potentially a Q and A) to Eagan registered S5 voters informing them of the Special Election and resulting voting location. The notice would be reviewed and approved by the City Attorney and presented to the City Council for review at a subsequent meeting. There are 39,353 registered voters in Eagan. ATTACHMENTS (3): ➢ Draft resolution directing the question of a proposed City Charter to a City Special Election and approving the title for the ballot question enclosed on pages 1-6t hrough~. Memo from City Attorney Michael Dou herty enclosed on pagthrough ➢ Letter to Erik Hedtke enclosed on pages through CITY OF EAGAN RESOLUTION NO. RESOLUTION DIRECTING THAT THE QUESTION OF A PROPOSED CITY CHARTER BE ADDED TO THE (DATE) , 2007 SPECIAL ELECTION AND APPROVING THE TITLE FOR THE BALLOT QUESTION WHEREAS, in accordance with Minnesota State Statute 410. 10, a draft charter, executed and approved by the Eagan Charter Commission, was submitted to the City Clerk on August 21, 2007; and WHEREAS, upon delivery of such draft charter, the City Council shall cause the proposed charter to be submitted at the next general election thereafter occurring in the City if the general election is to occur within six months after the delivery of such draft, and if there is no general city election occurring in the city within six months after the delivery of such draft, then the Council or other governing body of the city shall cause the proposed charter to be submitted at a special election to be held within 90 days after the delivery of such draft. WHEREAS, no general election is scheduled to occur within six months of August 21, 2007; and WHEREAS, in order to meet the statutory requirement for notice of a special election to the County Auditor and to meet the statutory requirement for holding a special election within 90 days of submittal of the proposed charter, Council may schedule the election between October 27 and November 19; and WHEREAS, school elections are scheduled for November 6, 2007; and WHEREAS, notice of election shall contain the complete charter and shall be published once a week for two successive weeks in the official newspaper of the city; and WHEREAS, the ballot shall bear the printed words, "Shall the proposed new charter be adopted? Yes No," (the "ballot question") with a square after each of the last two words, in which the voter may place a cross to express a choice; and WHEREAS, the title of the ballot question shall bear the printed words, "DECISION ON WHETHER TO CHANGE EAGAN'S FORM OF GOVERNMENT". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Minnesota that the proposed ballot question be voted on at the (DATE) , 2007 special City election in accordance with Minnesota Statute 410. BE IT FURTHER RESOLVED that the notice of election shall contain the complete charter and shall be published once a week for two successive weeks in the official newspaper of the City. S7 BE IT FURTHER RESOLVED that the polling locations for each precinct for the election shall be as follows: POLLING LOCATIONS Precinct 1 Pilot Knob Elementary - 1436 Lone Oak Road Precinct 2 Oak Hills Church - 1570 Yankee Doodle Road Precinct 3 Trinity Lutheran Church - 2950 Highway 55 Precinct 4 Cedar Elementary School - 2140 Diffley Road Precinct 5 Mt. Calvary Lutheran Church - 3930 Rahn Road Precinct 6 Deerwood Elementary School - 1480 Deerwood Drive Precinct 7 Fire Administration Building - 3795 Pilot Knob Road Precinct 8 Eagan Municipal Center - 3830 Pilot Knob Road Precinct 9 Woodland Elementary School - 945 Wescott Road Precinct 10 St. John Neumann Church - 4030 Pilot Knob Road Precinct 11 Northview Elementary School - 965 Diffley Road Precinct 12 Living Word Lutheran Church - 4300 Nicols Road Precinct 13 Rahn Elementary School - 4424 Sandstone Drive Precinct 14 Christ Lutheran Church - 1930 Diffley Road Precinct 15 Thomas Lake Elementary - 4350 Thomas Lake Road Precinct 16 Easter Lutheran Church - 4200 Pilot Knob Road Precinct 17 St. Thomas Becket Church - 4455 South Robert Trail Precinct 18 Fire Station No. 5 - 4701 Galaxie Avenue Precinct 19 Chapel Hill Baptist Church - 4888 Pilot Knob Road Precinct 20 Red Pine Elementary School - 530 Red Pine Lane Precinct 21 Pinewood Elementary School - 4300 Dodd Road The election officials for each polling place shall be as provided for by a subsequent resolution of this Council. The City Council shall declare the results of the vote upon said issue when it meets as a canvassing board following said election. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its City Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, Maria Petersen, City Clerk of the City of 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 4th day of September, 2007. Maria Petersen, City Clerk SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. TO: Tom Hedges, City Administrator FROM: Michael G. Dougherty, City Attorney DATE: August 29, 2007 RE: Proposed Charter for City of Eagan Our File No. 206-26887 I am in receipt of your letter addressed to Erik Hedtke, Chair of the Eagan Charter Commission, in which you acknowledge receipt of the proposed charter for the City of Eagan on Tuesday, August 21, 2007. Your letter identifies six issues which may or may not be legal questions, but which you sought answers or interpretations. Below is my response relative to the identified questions: 1. This is a question that would be answered through the Secretary of State's office. 2. It is my understanding that the City has received a document bearing the heading of "Certificate of Delivery" which shows that ten members of the Commission have executed a statement that the delivered charter was adopted by a majority of the Commission. While I do not doubt that the faxed page is genuine copy, the City should procure an original for its records. 3. The delivery of the charter to the City requires the City to schedule a special election in accordance with the statutes. 4. The City has a legal obligation to publish once per week for two successive weeks in the Thisweek Newspapers (the official newspaper of the City) the Notice of Election together with the complete charter. Though not required; the Council is authorized by statute to publish the Notice of Election in any other legal newspaper published in the City. 5. The ballot shall bear the printed words: "Shall the proposed new charter be adopted? Yes....... No....... " The ballot shall contain a square after each of the last two words in which the voter may place a cross to express a choice. If any part of the charter is submitted in the alternative, the ballot shall 40 be so printed so as to permit the voter to indicate a preference in any instance by inserting a cross in like manner. Minnesota Rules require that the ballot question contain a title to accurately describe the question asked. The title must be printed in upper case letters and must be printed above the question to which it refers. As in the earlier case of the presentation of a charter to the voters, the appropriate title is "DECISION ON WHETHER TO CHANGE EAGAN'S FORM OF GOVERNMENT". 6. The City as an organization does not have any legal responsibility to review the draft charter for consistency with the existing statutes or potential conflicts. 7. The City Council is permitted to present disclaimers as to the source of the draft charter and the involvement of the Council in the charter preparation. If you have any questions, please give me a call. MGD/j It cc: Gene VanOverbeke, Director of Administrative Services ~1 City of Eapn August 22, 2007 Mike Maguire MAYOR Paul Bakken Mr. Erik L. Hedtke Chair Peggy Carlson Eagan Charter Commission Cyndee Fields 4121 Strawberry Lane Meg Tilley Eagan, MN 55123 COUNCIL MEMBERS Dear Mr. Hedtke: Thomas Hedges CITY ADMINISTRATOR I am writing this letter to acknowledge receipt of your transmittal and proposed charter for the City of Eagan, received at City Hall on Tuesday, August 21, 2007. Per the statutory requirement that "Upon delivery of such draft , the council or other governing body of the city shall cause the proposed charter to be submitted at the next general election thereafter occurring in the city within six months after the delivery of such draft, and if there is no general city election occurring in the MUNICIPAL CENTER city within six months after the delivery of such draft, then the council or other 3830 Pilot Knob Road governing body of the city shall cause the proposed charter to be submitted at a Eagan, MN 55122-1810 special election to be held within 90 days after the delivery of such draft", staff 651.675.5000 phone will be preparing an action item for City Council consideration at its regularly 651.675.5012 fax scheduled meeting on September 4, 2007. 651.454.8535 TDD Since there is no general city election scheduled within six months of receipt of the proposed charter, the City Council will consider setting a special election for MAINTENANCE FACILITY voter consideration of the charter question. It is possible, but not a requirement, 3501 Coachman Point that the special election be set for November 6, 2007 to coincide with school Eagan, MN 55122 district elections that have been scheduled or will be scheduled per their statutory 651.675.5300 phone requirements and official actions of the respective school boards. 651.675.5360 fax The City Council will undertake its deliberations concerning the scheduling of a 651.454.8535 TDD special election after receiving answers and interpretations regarding a number of legal questions including but not necessarily limited to the following: 1. It is staff's understanding, confirmed in conversations with the Secretary of www.cityofeagan.com State's Office, that the City will become responsible for conducting the election including all school district balloting in Eagan, if a special election is scheduled for November 6, 2007. That will shift all election costs to the City away from the districts, essentially eliminating any financial benefit from holding the special election on that date. THE LONE OAK TREE 2. The transmittal and draft charter contain no indication of records of The symbol of meetings of the Eagan Charter Commission. Per our conversion, the City strength and growth in our community. lpa Erik L. Hedtke August 22, 2007 Page 2 received a faxed copy of the "Certificate of Delivery" with signatures from all Charter Commission members. Does this material as presented meet the statutory requirements for submission to the City and therefore, is the City legally obligated to schedule a special election per the statutes? 3. Upon scheduling a special election, what other legal obligations does the City incur regarding public information, publication of the draft, notice of the election, etc.? 4. What is the specific ballot language for citizen consideration of the charter question? 5. Does the City have any legal responsibility to review the draft charter for consistency with existing statutes or potential conflicts? 6. Is the City Council permitted to present disclaimers as to the source of the draft charter and City Council involvement in its preparation? Please contact me at 651-675-5001 or by email at thedges(aD_cityofeagan.com in the event you have any questions about this matter or if you would like to discuss the process as outlined in this letter. By copy of this letter, I am asking City Attorney Dougherty to provide a response to the questions included herein. Sin ly, Thomas L. Hedges City Administrator cc: Mayor & City Council Members City Attorney Dougherty Director of Administrative Services VanOverbeke City Clerk Petersen Agenda Information Memo September 4, 2007 Eagan City Council C. PLANNED DEVELOPMENT AMENDMENT - POTBELLY SANDWICH WORKS ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for Denial) a Planned Development Amendment to add outdoor seating at 1298 Promenade Place, legally described as Lot 2, Block 2, Eagan Promenade, in the SW I/4 of Section 10, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes. FACTS: ➢ Potbelly Sandwich Works has occupied approximately 2,300 sq. ft. of the 6,500 sq. ft. Blockbuster Video building since December, 2006. ➢ Potbelly Sandwich Works is a cafeteria style sandwich shop. Table service is limited. Dine-in seating capacity is 48 seats. 28 seats are proposed outdoors. ➢ The existing sod, mulch and foundation plantings are proposed to be replaced with planters, a railing, trash receptacles and patio umbrellas. ➢ The Advisory Planning Commission held a public hearing on August 28, 2007 and is recommending approval. ISSUES: None 60 DAY AGENCY ACTION DEADLINE: September 15, 2007 ATTACHMENTS (2): tngh August 28, 2007 APC Minutes on pages Staff Report, pages 4 through 44 Advisory Planning Commission Minutes August 28, 2007 B. Potbelly Sandwich Works Applicant Name: Potbelly Sandwich Works Location: 1298 Promenade Place; Lot 2, Block 2, Eagan Promenade Application: Planned Development Amendment A Planned Development Amendment to allow an outdoor patio for seating. File Number: 10-PA-09-07-07 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated August 20, 2007. She noted the background and history. Brian Simmons, Potbelly District Manager, stated they were agreeable with the conditions of approval. 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 Heaney moved, Member Zoberi seconded a motion to recommend approval of a Planned Development Amendment to add outdoor seating at a Class II restaurant at 1298 Promenade Place, legally described as Lot 2, Block 2, Eagan Promenade, in the SW %4 of Section 10 subject to the following conditions as amended: 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. 2. The outdoor seating shall conform to the Seating Plan received July 17, 2007, and the perimeter fencing shall be approved by the Eagan Building Inspections Division prior to installation. 3. The south drive aisle shall be signed no parking. 4. A separate building permit is required for the site renovations and for a sewer access charge (SAC), redetermination. A vote was taken. All voted in favor. Motion carried: 6-0. Lo PLANNING REPORT CITY OF EAGAN REPORT DATE: August 20, 2007 CASE: 10-PA-09-07-07 APPLICANT: Potbelly Sandwich Works HEARING DATE: August 28, 2007 PROPERTY OWNER: Walter A. Fill, Jr., Trustee APPLICATION DATE: July 18, 2007 REQUEST: Planned Development Amendment PREPARED BY: Sarah Thomas LOCATION: 1298 Promenade Place COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow outdoor seating at the existing Potbelly Sandwich Works restaurant located at 1298 Promenade Place, legally described as Lot 2, Block 2, Eagan Promenade, in the SW 1/4 of Section 10. AUTHORITY FOR REVIEW PD Amendment: Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY The property was platted in 1996 as Eagan Promenade. The Eagan Promenade retail development consists of several free-standing single-occupant buildings and a larger in-line retail center. The Blockbuster building was constructed in 1996 and in 2006 was renovated to include Potbelly Sandwich Works in 2,300 sq. ft. of the existing 6,500 sq. ft. Blockbuster Video building. The property is zoned PD, Planned Development. Planning Report - August 28, 2007 Potbelly Sandwich Works Page 2 EXISTING CONDITIONS The site is developed with Potbelly Sandwich Works, a Class II restaurant and a video rental store. A TCF bank is adjacent to the south. The two buildings share a parking lot. The site was landscaped in 1996 with initial construction. Access to the site is provided from Denmark Avenue via Promenade Place, a private street internal to the commercial retail development. Upon a site inspection during the review of this application staff noticed that vehicles were parking in the drive aisle adjacent to the south side of the building, next to the south entrance door. This private street does not allow adequate room for on street parking. Therefore, the applicant should sign the drive aisle for no parking. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North In-line Retail PD, Planned SA, Special Area (Byerly's, etc.) Development East Class I restaurant PD, Planned SA, Special Area (Jake's) Development South TCF Bank PD, Planned SA, Special Area Development West Class II restaurant PD, Planned SA, Special Area (Dairy Queen) Development EVALUATION OF REOUEST Description of Proposal - Potbelly Sandwich Works is a cafeteria style sandwich shop. Customers place their order at a counter, and may dine-in or take their food "to go." Table service is limited. 48 seats are provided for dining in. The proposed outdoor seating would allow 28 seats, 4 tables of 4 seats and 6 tables of 2 seats. Site Modifications - A portion of sod between the existing curb and concrete sidewalk on the south side of the building would be removed. Mulch and foundation plantings on the side of the building would also be removed and replaced with concrete to match the existing concrete sidewalk. In addition to the tables, planters with a railing, two trash receptacles and patio umbrellas are proposed. Parking - The existing parking lot provides sufficient parking for both the indoor seating as well as the seasonal outdoor seating. Planning Report - August 28, 2007 Potbelly Sandwich Works Page 3 SUMMARY/CONCLUSION In summary, Potbelly Sandwich Works, a Class II restaurant, proposes to add outdoor seating at 1298 Promenade Place. Potbelly currently has 48 seats and would add another 28 seats outdoors. The site provides sufficient parking for the additional seats. Site modifications consist of removing existing sod, mulch and foundation plantings. New concrete is proposed to match the existing concrete sidewalk. The proposed seating area would be enclosed with a planter with railings and would also have two trash receptacles and patio umbrellas. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to add outdoor seating at a Class 11 restaurant at 1298 Promenade Place, legally described as Lot 2, Block 2, Eagan Promenade, in the SW 1/4 of Section 10. If approved the following conditions shall apply: 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. 2. The outdoor seating shall conform to the Seating Plan received July 17, 2007. 3. The south drive aisle shall be signed no parking. 4. A separate building permit is required for the site renovations and for a sewer access charge (SAC) redetermination. Eagan Boundary Right-of-way Location Map o Parcel Area O Park Area Building Footprint [3. - 5. Q - ~ Y f~ ~ +F' ' EosTMlooE °EWY Sub'ect Site 9 YMICE EII _ L TE ==::1 LILY d ~ ~ p O a ❑ 1 °d o 0 4 fl COUNTY ROAD NO.IIE (YANKEE DOODLE ROAD) 0 0 A @ C Tow. °lnTEE @ ~ ~t a 'A~ ° 0 -y`., I TOWE °EMIIItE I F ] 0® oa o© o00 000 M77 Fl~ r~ . Q o s Q 4 J I II~~ fl K ' .rl1r Q ELN O u~~d II ° c r o b 017, • W ~ ~ ~ L Q© V°EWp°e tINM ~ ~ ~ -•r4.~ T oopp b Er LuIE °o~ 9 D 'f Cf b D© 4 ® C f ~ I EuEEwooe wxw P Q a B 4 L t p1EETElEeE UNC < "Oq y ~ ~ ~ M r a a fs ~ a S E' dd g Ot'~ 6,B o ® Q C2 13 1000 0 1000 2000 Feet Development/Developer. Potbelly Sandwich Works Application: Planned Development Amendment Case No.: 10-PA-09-07-07 N City of Evan THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. I / , Current Zoning and Comprehensive Guide Plan Potbelly Sandwich Works Land Use Map Planned Development Amendment 10-PA-09-07-07 Zoning Map o PD l K No R-4 Y PD 00 PD i PD =o' = K.aa u LB ' PD Location Current Zoning: gL• PD PD 8 Planned Development PD COUNTY ROAD N0.29 (YANKEE DOODLE ROAD) PD PD ' 1 7N CSC PD P PD 600 0 600 1200 Fast P C !ss Comprehensive Guide Plan a SA Land Use Map SA SA 4 s SA j 0 44 C O Z =O _ •w t O SA SA Location a SA ` 7 Current Land Use Designation: t SA SA Special Area COUNTY ROAD N0.26 (YANKEE DOODLE ROAD) A SA ~ SA A SA SA K SA SA 600 D 600 1200 Fast P/ Parcel base map information provided by Dakota County Land Survey Department Decmber 2005. N Zoning Information maintained by City Staff. City of EakaIl 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 0 J ,N Dm m z n D O n O ~ Z m n > a ~ - ONx c tZ m 'r 0 D m A D of nm O~ m m~ < A D m 0 ill L Ci 0 A D "'1 p rr`y 1 rE i v ; 1 i ~ I ' w^ o h y✓ 4 4 > 4 4 AO 4 4 O = m m _ w C 0z I'- W C CONCRETE WALK S O 7n • N • r • • • m Imo) d • • • I ~ _ C=~ a V V ! I ti PARKING SHEET TITLE: D m bm EXISTING SITE PLAN Z y z m 3_ g~~r 8 • SITE ADDRESS: N 1298 PROMENADE PLACE 7/ EAGAN, MN EXITING 0 O C O O O m I E_ 0 z c ~ m v z 4 4 D 40,E Z H D CLEAR SPACE Z i f ~ u C O O mA[l~ f~ r Y N m A D i m ° r- 7 h 4 4 i f • ~ A a F. t S C~ f a~ i PARKING SHEETTITLE: D m o 6=Z OUTDOOR SEATING PLAN S c~ O ? SITE ADDRESS: n y 1298 PROMENADE PLACE z' EAGAN, MN / x PROP'nED I T EST4 1977 ELLY LAND LINE POTB 312.951.0600 SANDWICH WORKS July 9, 2007 City of Eagan Plan Development 3830 Pilot Knob Road Eagan, MN 55122 Re: Potbelly Sandwich Works Outdoor Seating-Eagan, Minnesota To whom it may concern: In order to provide you with information that you may find helpful during your approval process of our Planned Development Amendment Application, we have prepared a narrative describing the proposed work at our site in Eagan, Minnesota. The goal of the project is to provide outdoor seating at our restaurant location. This would require the removal of a portion of the sod between the curb and concrete sidewalk on the side of our portion of the building. In addition, we would remove the mulch and several sparse shrubs between the sidewalk and the building. These areas would be replaced with a level concrete surface, to match the existing concrete sidewalk in place currently. Upon approval of our proposal submittal, we estimate the project will take one week. Neither Potbelly Sandwich Works nor any surrounding businesses would need to close during this work. The surrounding land and zoning uses on both the property as well as within 660 feet are prirrarily retail. We share the subject property with Blockbuster Video. The addition of our outdoor seating will have no impact the surrounding properties and will conform to the character of the area. The amendment will allow us to enhance the value of the subject property and add visual interest to the exterior of the building, as well as attract more people to the retail area. There is no impact to the city services, and the proposed amendment will conform to the applicable regulations and standards as well as local health and food safety issues. RE.GENEU JUL 1 ' NOR : . 75 222 MERCHANDISE MART PLAZA, 2 3 R D F L 0 OR • CHICAGO, ILLINOIS 6 0 6 5 4 EST9 1977 TBELLY LAND LINE PO 312.951.0600 • SANDWICH WORKS Should our proposed amendment be approved, it would result in a better use of the land. The outdoor seating area would include attractive planters, outdoor furniture, and patio umbrellas to enhance the look and feel of the building and the retail area as a whole. The public benefit from the development would be the creation of a nice outdoor eating space, excitement to the surrounding retail development, additional dining options for the public to choose from, and overall an enhanced property value. Please contact me at 312-334-5802 if you should have any questions. Sincerely, 904~*~ * Jill Tazzari Designer _t tuU:~ 222 M E R C H A N D I S E M A R T P L A Z A, 2 3 R D F L O O R CHICAGO, ILLINOIS 6 0 6 5 4 I Agenda Information Memo September 4, 2007 Eagan City Council D. PLANNED DEVELOPMENT AMENDMENT - GRAND OAK FARMERS MARKET ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for Denial) a Planned Development Amendment to allow a seasonal Farmers Market at the Grand Oak Office Building located at 2805 Dodd Road, legally described as Lot 1, Block 1, Grand Oak Five, in the NE'/4 of Section 2, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes. FACTS: ➢ The Grand Oak Office building, constructed in 2006, is three stories and 90,000 square feet. ➢ The applicant proposes a seasonal Farmers Market to commence on the third Thursday of August and continue on successive Thursdays through October. ➢ Hours of operation are proposed to be 3:30 p.m. - 6:30 p.m. ➢ The market is proposed to occupy 20 parking stalls for 10 vendor booths on the east side of the parking lot adjacent to the Dodd Road frontage road. Parking is sufficient. ➢ Vendors will sell produce, flowers and food. Three Grand Oak tenants will also sell ready made food and non-alcoholic beverages. ➢ The Advisory Planning Commission held a public hearing on August 28, 2007 and is recommending approval. ISSUES: ➢ The applicant has proposed many deviations from the Sign Ordinance. Both staff and the APC shared concerns regarding the precedent the proposed deviations could set if the applicant's sign plan were approved. ➢ APC members also commented on the significant effort by the Commission and Council to define appropriate standards for temporary signage and the importance of consistency applying those standards. 60 DAY AGENCY ACTION DEADLINE: September 15, 2007 ATTACHMENTS (3): August 28, 2007 APC Minutes on s e-through Staff Report, pages~~ through a e Letter from applicant dated August 29, 2007 on pages through `)S Advisory Planning Commission Minutes August 28, 2007 C. Grand Oak Farmers Market Applicant Name:lnterstate Partners Location:2805 Dodd Road; Lot 1, Block 1, Grand Oak Five Application: Planned Development Amendment A Planned Development Amendment to allow a Farmers Market. File Number: 02-PA-10-07-07 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated August 21, 2007. She noted the background and history. Karen Ryan, Interstate Partners, discussed the deviations from the Sign Ordinance. She discussed the inability of customers to find the farmers market due to lack of signage. She shared that Interstate Partners does not see the same day signage as "off-premise" since the development was built to function as a cohesive business park. She further stated they plan to post the main sign on the subject site in the Grand Oak Business Park for the duration of the eleven weeks and that the other signage would be posted and removed only on Thursdays, for 11 weeks. Chair Hansen opened the public hearing. Roy Wallace spoke in favor of the proposed PD Amendment. There being no public further comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Member Dugan stated he will be abstaining from voting on the item. City Attorney Bauer commented that signage could not be posted on property that wasn't commonly held by Interstate Partners. In response to a question by the Commission, staff explained the issue of precedent the requested deviations from the Sign Ordinance would bring and that the City should avoid providing relief to the standards because randomly picking and choosing who would be allowed deviations and who would not be afforded the same consideration would likely get the City sideways in the very near future. Member Chavez stated that a significant amount of effort, by both the Commission and City Council, recently went into to creating reasonable temporary sign regulations. He opined that deviating from those requirements would be ill-advised. Member Chavez moved, Member seconded a motion to recommend approval of a Planned Development Amendment to allow a Farmers Market at the Grand Oak Office Building located at 2805 Dodd Road, legally described as Lot 1, Block 1, Grand Oak Five, in the NE of Section 2 subject to the following conditions: 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. _`f' Advisory Planning Commission Minutes August 28, 2007 2. The Farmers Market shall commence annually on the third Thursday of August and continue on successive Thursdays through October. 3. Hours of operation shall be from 3:30 p.m. to 6:30 p.m. 4. The vendor location shall be per the site plan received August 13, 2007. 5. The farmers market shall include farmers produce, food and flowers as well as ready made food and non-alcoholic beverages from local restaurants, not to exceed 10 vendors. 6. The applicant shall submit a revised Sign Plan that is consistent with the requirements of the City of Eagan Sign Ordinance. No additional sign permit shall be required. A vote was taken. All voted in favor. Motion carried: 5-0. Member Dugan abstained from voting on the item. -7-7 PLANNING REPORT CITY OF EAGAN REPORT DATE: August 21, 2007 CASE: 02-PA-10-07-07 APPLICANT: Interstate Partners LLC HEARING DATE: August 28, 2007 PROPERTY OWNER: Grand Oak Office X LLC APPLICATION DATE: July 18, 2007 REQUEST: Planned Development Amendment PREPARED BY: Sarah Thomas LOCATION: 2805 Dodd Road COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMMARY OF REOUEST The applicant is requesting approval of a Planned Development Amendment to allow a seasonal Farmers Market at the Grand Oak Office Building located at 2805 Dodd Road, legally described as Lot 1, Block 1, Grand Oak Five, in the NE'/4 of Section 2. AUTHORITY FOR REVIEW PD Amendment: Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY In 2004, the City Council approved a Comprehensive Guide Plan Amendment to change the designation from Special Area 2-Business Park to Special Area 2-Office/Service, a Rezoning of approximately 13.5 acres from Business Park to Planned Development (to allow two office buildings, a bank and two retail/service buildings) and a Preliminary Subdivision of approximately 13.5 acres to create four lots. In 2006, the City Council approved a Planned Development Amendment to allow up to 25,000 SF of healthcare facilities between Grand Oak IX and Grand Oak X office buildings. Planning Report - August 28, 2007 Grand Oak Farmers Market Page 2 EXISTING CONDITIONS Interstate Partners, LLC acquired the City-owned (formerly TMI/Imre) property in the area and constructed the three-story Grand Oak X office building (90,000 SF) in 2006. SURROUNDING USES The subject property is surrounded with office and office/warehouse uses consisting of Business Park Zoning and Special Area Land Use Designations. EVALUATION OF REQUEST Description of Proposal - The applicant is proposing a Farmers Market to serve the Eagan area, those within the Grand Oak Business Park area and also to provide an opportunity for local farmers to sell their produce. The market is proposed to run for eleven consecutive weeks, beginning on the third Thursday of August and running through October. The proposed hours of operation are from 3:30 p.m. - 6:30 p.m. The market is proposed to occupy 20 parking stalls for the 10 vendor spaces along the east perimeter of the parking lot for the use of vendors as well as three retail tenants at the Shops of Grand Oak: Jimmy Johns, Time Out Bar and Restaurant, and Caribou Coffee. These three establishments would sell ready made food and non-alcoholic beverages in addition to the produce, food and flowers that the farmers will have for sale at the market. Si ng_age - An overall signage plan for the subject property was approved on April 5, 2005. Any signs that were not included in the signage plan are subject to the requirements of the City of Eagan Sign Ordinance. The applicant has requested significant deviations from the Sign Ordinance which include the following: 1. Five free standing signs. City Code allows a maximum of up to three signs, with a combined area no greater than 25 square feet. Further, temporary signage is required to be attached to a building or to existing permanent freestanding signage located only on the property hosting the temporary event. Due to the nature of the temporary event, staff believes the free standing signs are a reasonable deviation, however the maximum number of signs should not exceed three. 2. Off premise signage. City Code prohibits off premise signage. Signs are only allowed on the property at 2805 Dodd Road (Grand Oak X building). ~q Planning Report - August 28, 2007 Grand Oak Farmers Market Page 3 3. Two signs are proposed to be 3' x 6' on 4"x 4" x 10' posts. The top of the sign would be eight feet above the ground along the Dodd Road Boulevard. Signs are not allowed within the right-of-way, the sign face must not be taller than four feet and the overall height, including support structure/base, less than seven feet. 4. Signage for the day of the event is proposed to remain in place for the eleven week period. Sign(s) may be posted for a period no greater than 10 days out of a 60 day period. Therefore, a sign permit should allow the sign(s) to be placed for the day of the event only. Each vendor is allowed a 4' x 4' sign which must be affixed to their display booth. Parking - The existing parking lot provides sufficient parking for the office building. The removal of 20 stalls for use by the vendors as well as customer parking should not create a shortage of parking stalls. SUMMARY/CONCLUSION The proposed amendment allows a Farmers Market on the perimeter of the property to occur for eleven weeks during late August through October. The proposed signage includes many deviations from Sign Ordinance standards and City Policymakers shall determine if the deviations are acceptable. Staff has concerns that these deviations from the Sign Ordinance may set a precedent for other businesses in this immediate area and city-wide to also seek a departure from City signage standards. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow a Farmers Market at the Grand Oak Office Building located at 2805 Dodd Road, legally described as Lot 1, Block 1, Grand Oak Five, in the NE 1/4 of Section 2. If approved the following conditions shall apply: 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. 2. The Farmers Market shall commence annually on the third Thursday of August and continue on successive Thursdays through October. 3. Hours of operation shall be from 3:30 p.m. to 6:30 p.m. 4. The vendor location shall be per the site plan received August 13, 2007. 5. The farmers market shall include farmers produce, food and flowers as well as ready made food and non-alcoholic beverages from local restaurants, not to exceed 10 vendors. 0 Planning Report - August 28, 2007 Grand Oak Farmers Market Page 4 6. The applicant shall submit a revised Sign Plan that is consistent with the requirements of the City of Eagan Sign Ordinance. No additional sign permit shall be required. Eagan Boundary Right-of-way Para Location Map OPark Area Area O Building Footprint ~ °1 0 Subject Site O t, O 544.. ~ M n ~z z p d, ~7 i C.aiN. NO.N ILON. OIIK 110.) {r ......N. No. H L°N. *Al I o a _ ° •~•R~NNNM.° . 7 0 x7 10 DI I _ O --1 I 4 OLl ° =:i 0 0 ~ Q o 9 I fl .~s"},_ ~ ~ o I 1000 0 1000 2000 Feet i Development/Developer. Grand Oak Farmers Market Application: Planned Development Amendment Case No.: 02-PA-10-07-07 8 N City of EapIl w E THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Dovalopmont Dapartmont not responsible for er►o6 or omissions. Current Zoning and Comprehensive Guide Plan Grand Oak Farmers Market Land Use Map Planned Development Amendment 02-PA-10-07-07 i BP Zoning Map BP BP A ~ Current Zoning: BP Location Lee, PD Planned Development I BP BP ary~t PD M¢~ • sa 46 i I-1 PD 1-1 P Goo 0 600 1200 Feet eA Comprehensive Guide Plan SA Land Use Map S e SA SA A s f t z 0 ' SA Location Current Land Use Designation: SA SA IND TRbNt SA Special Area " •aa ND IND IND SA P IND IND 600 0 Goo 1200 Feet 1a iiiiii6ima P---I base ~tlr~ information provided by Dakota County Land Survey Department Decmber 2005. N (S`/,11(!~ ~ Zoning information maintained by City Staff. City of Eajan 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 Exhibit A v ~ f't Location of the vendor stalls. b;E gu =!c •g22 He 12 ~ ~2;2 _J_ P F,T i- „i ' ~ I .f-- - - ----rl_-- r - - ' psi i \ p -1=- ~1__~ I f p 1Fh,I w I~'i- I ' I D I :i2~ I I q~ C ~ z 777 1 I I I 14 I I I I I - t = f~ SIT AN P E A-1.1 RECEIVED AUG 13 260 SITE PLAN UP4 3 Exhibit B Main Farmers Market Signage YrctniD CUcak Sarmers V"arkeY Tkursjay5 .august 16- Qcto6er 25 5:50 to 6:50 P.M. . M rroduce, food, music, , r more. Ttiv.) 3'w x 611 panels vn 4"x A"% 10'p ;%t%,top of sip S'abov? grourvI in houlevard along Dodd Ad, HWy 149 Hwy 55 in ~aga n Day of Market Signage Grand Oak Farmers Market Today 3:30 `7 3 s ~ 1 r to 6:30 t Hwy 55 & NN 149 3~ SIGNAGE PLAN Exhibit C Main farmers market sign placement c11eE u egeg pFp ~ ~ f r~i~ ~It C 1 I \ I I ! I t li ` G i t l i I 1 i S i \ V ` I \ --s \ S I II L. 1 1VL I 11 L ~ J11 N slrE al SIGN LOCATION 1 MCP Exhibit D Proposed Farmers Market Signage Placement Off-Premises NV-ld 31lS Ni Wd SS3NISf18 wo aNV-dO T9 , 7i r ci E .ass:, ~ as L f 'Hit 3 a igF 6LF~iii fiym Rl' SSeafaa T[mWm W F- VJ V ° LL- LO Main farmers N market signage e J ~ w z O Day of market - 04 signage (2 signs) a vy Day of market signage (2 signs) SIGN LO ATION 2 '6Q, RECEIVED AUG 13 2007 In the interest of benefiting the broader community, Interstate Partners, is establishing the Grand Oak Farmers Market as a service for people in and around the Grand Oak Business Park area as well as others in the Eagan area and to provide an opportunity for selected local farmers to sell their produce to the public. The market is to run for eleven consecutive weeks commencing on the third Thursday of August and running through October. The hours of operation are from 3:30 p.m. - 6:30 p.m. Arrangements have been made with at least ten (10) local vendors to bring their produce, food, and flowers, to the Grand Oak Farmers Market. Each vendor will have one (1) stall that will consist of two (2) side by side parking spaces (17' wide) and all items must be contained within the stall (see attached Exhibit A). Vendors are expected to be self supporting (i.e. gas powered generators, tables, canopies, bags) and are to clean up after themselves. A $100 deposit will required from all vendors, which will be returned to them at the end of the marketplace services if the vendor has been present at each Thursday market. All vendors will be expected to sign a vendor agreement. The market will be held in the east parking lot of Grand Oak Office X, located at 2805 Dodd Road as this property is already zoned Planned Development. Grand Oak Office X has cross easements with the two adjacent properties: Grand Oak Office IX and Grand Oak Retail, which are both zoned Planned Development. The market will not have any impact on the City services such as sewer, water, storm water run-off and roads and other than using up some parking stalls at Grand Oak Office X, the market will not adversely impact the functionality of the subject property or the adjacent properties. The main signage for the farmers market is intended to be freestanding seasonal sign with two panels three (3) feet wide and six (6) feet tall on three posts (see attached Exhibit B) and would be located in the south east corner of the building entrance off of Dodd Road (see attached Exhibit C). However, we would request a deviation from the code and ask that we would be allowed to place the main signage near the Grand Oak Business Park monument at the intersection of Dodd Road and Blue Gentian (see attached Exhibit D). The signage location is very essential to the success of the market and we believe the location of Dodd Road and Blue Gentian would provide the greatest visibility. In addition to the deviation of the location of the main sign, we would request that we would be allowed to have up to four (4) signs, three (3) feet by three (3) feet (see Exhibit C), to be placed off-premises on the day of the market only. The proposed placements of the signs are located on site plan attached as Exhibit D. The reason for the deviation of the code for these additional signs is that these signs would serve as a reminder to all tenants in the park as well as those traveling within the area that there is a farmers market on that day and therefore, very essential to the success of the market. We would also like to include in the farmers market the three retail tenants at the Shops of Grand Oak: Jimmy Johns, Time Out Bar & Restaurant, & Caribou Coffee. These three establishments would be selling ready made food and non-alcoholic beverages. We would incorporate their stands in the area of where the other vendors are. For the safety of the shoppers and the vendors, we plan to close down the drive lane in front of the area where the vendors would be set up as well as close down the first row of parking right just west of the drive lane. ~~I Interstate Partners LLc 860 Blue Gentian Road J Suite 175 J Eagan, MN 55121 J Tel: 651.406.8050 J Fax: 651.406.8628 J interstatepartners.com August 29, 2007 Mayor Mike Maguire Councilmember Paul Bakken Councilmember Peggy Carlson RECEIVED AUG 2 9 W Councilmember Cyndee Fields Councilmember Meg Tilley City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mayor & Councilmembers: This letter is to address the decision of the planning commission last evening to deny our request for additional signage for our Thursday afternoon Grand Oak Farmers Market. First of all, we appreciate the approval and support for our farmers' market concept. We have invested a lot of time, money, and organizational activity to make sure that the market is well organized. The early results and feedback we have received have been very positive both from the business in our area as well as people who live in the area. Our need for additional signage arises from the fact that we are in an area that has many businesses but is short on retail support services. Employers want to have amenities and support services for their employees and that is why we have developed a small retail area and the farmers' market concept. Because we are not in a more traditional retail area, the business community needs to have more notice of these activities in our area as we cannot just rely on the normal synergies of our retail drawing people to our site. In reviewing our signage request, the planning commission has limited their interpretation of the site to a single building, Grand Oak Office X at 2805 Dodd Road, saying that any other portion of the Grand Oak Business Park would be "off premises." We find this position to be somewhat questionable especially when in 2004 the City Council approved our plans which allowed for two office buildings, a bank, and two retail/service buildings on this corner. Grand Oak Business Park, while legally it is 12 separate lots, operates as a cohesive development; therefore, we find it hard to understand why the very restrictive lot designation of 2805 Dodd Road should be imposed when the question is what temporary signage should be allowed. The Grand Oak Farmers Market brings benefit to the Eagan community and those who live and work in the community, and imposes no extra burdens on the City. Interstate Partners takes responsibility for all clean up and other matters and rightly so, since we want the Grand Oak Business Park to remain attractive and functional. We believe that coupling the one permanent sign and six temporary signs, strategically located on the Highway 55 and the Highway 149/Dodd Road sides of Grand Oak Business Park as well as along Blue Gentian Road and Blue Water Road would assist city residents & area employees in locating this attractive amenity and ease confusion and potential traffic hazards. All of the temporary signs would be up only on the days of market operation, one day a week, and all would be on property managed by Interstate Partners, not on any rights-of way. We would appreciate your consideration in this matter and I would be pleased to answer any questions you may have. , Z'AC Karen J. Ryan Property Manager Cc: Mike Ridley Sarah Thomas Gregory S. Miller 1iW~ D AUG 2 9 2007 Agenda Information Memo September 4, 2007, Eagan City Council Meeting E. REZONING AND FINAL PLANNED DEVELOPMENT - DAKOTA COUNTY CDA ACTIONS TO BE CONSIDERED: To approve (OR direct preparation of findings of fact for denial) a Rezoning from R-4, Residential Multiple, to PD, Planned Development, of approximately 6.13 acres located at 2065 Park Center Drive, in the SE '/4 of Section 30. To approve (OR direct preparation of findings of fact for denial) a Final Planned Development to allow construction of a new 55-unit 3-story apartment building for persons aged 55 and older upon approximately 6.13 acres located at 2065 Park Center Drive, in the SE '/4 of Section 30, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The existing 65-unit building was constructed in 1991 and R-4 zoning applied at that time. Dakota County CDA is now proposing to construct an additional 55-unit building. ➢ The Rezoning to PD is requested to accommodate two principal buildings on one lot without subdivision, building height over 35 feet, density greater than the R-4 standards, and parking of less than 2 stalls per unit. ➢ Final PD approval of the development plans for the new building is also requested. ➢ The two buildings will be managed and operated by the CDA as one complex. ➢ The proposed building is three stories with underground parking. ➢ Both buildings will utilize the current driveway access from Park Center Drive. ➢ The new building will utilize many of the same finish materials and architectural features and colors as the existing building. ➢ The main entrances of the buildings will face each other across a central car court which allows for drop-offs and pick-ups. ➢ The preliminary plans appear to comply with the City's Tree Preservation Ordinance and civil plans (i.e. grading, drainage, utilities, etc.) appear to be acceptable. Final reviews and compliance will be confirmed with the building permit application for this project. ➢ A public hearing was held on August 28, 2007 and the APC recommended approval. 60-DAY AGENCY ACTION DEADLINE: September 30, 2007 ATTACHMENTS (2): August 28, 2007, APC Minutes, page through W_ Planning Report, pages through qa Advisory Planning Commission Minutes August 28, 2007 D. Oakwoods East Applicant Name:Dakota County CDA Location:2065 Park Center Drive; Lot 1, Block 1, Park Center Second Addition Application: Rezoning A Rezoning of 6.132 acres from R-4 (Residential Multiple) to PD (Planned Development). File Number: 30-RZ-04-07-07 Application: Final Planned Development A Final Planned Development of 6.132 acres to create a 21, 200 sq. ft. building for 55 new senior housing units. File Number: 30-FD-07-07-07 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated August 22, 2007. She noted the background and history. Kari Gill, Dakota County Community Development, stated the CDA is interested in constructing a second building. She gave a brief overview of the Senior Housing Program. Noma Zurick, Architect, discussed the structure and building materials. 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 Chavez questioned the rezoning to Planned Development. City Planner Ridley stated that staff suggested that course of action to the applicant. He further stated that the benefit to the City was a more efficient use of the property, shared uses, a more cohesive development relative to architecture and exterior materials and less impact to existing trees north of the proposed building. Member Zoberi moved, Member Heaney seconded a motion to recommend approval of a Rezoning from R-4, Residential Multiple, to PD, Planned Development, of 6.13 acres located at 2065 Park Center Drive in the SE % of Section 30. A vote was taken. All voted in favor. Motion carried: 6-0. Member Zoberi moved, Member Heaney seconded a motion to recommend approval of a Final Planned Development to construct an additional 55-unit senior apartment building upon 6.13 acres in conjunction with the existing 65-unit building on the site, located at 2065 Park Center Drive in the SE'/4 of Section 30 subject to the following conditions: 1. The developer shall execute a Final Planned Development Agreement which includes the following plans: • Site Plan • Building Elevations • Site Lighting Plan • Landscaping Plan ~l3 Advisory Planning Commission Minutes August 28, 2007 2. The development shall be subject to compliance with City policies and ordinances regarding grading, storm drainage and erosion control, to be determined at the time of building permit. 3. The developer shall protect preserved trees' critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 4. The developer shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 5. Additional screening though evergreen and deciduous shrubs shall be provided and shown on the landscape plan at the time of building permit. 6. Building design shall be consistent with, and finish materials and colors shall match, the existing building and site amenities. 7. Trash storage shall be inside the building. 8. Prior to issuance of a building permit, the applicant shall consult with their lighting engineer to determine if adjustments in the lighting plan can be made to better illuminate the areas currently under 0.5 footcandles, provide more uniform light levels throughout the parking lot, and confirm that the lighting plan provides sufficient lighting for safety and security purposes. A vote was taken. All voted in favor. Motion carried: 6-0. -6 T PLANNING REPORT CITY OF EAGAN REPORT DATE: August 22, 2007 CASE: 30-RZ-04-07-07 30-FD-07-07-07 APPLICANT: Dakota County CDA HEARING DATE: August 28, 2007 PROPERTY OWNER: Dakota County CDA APPLICATION DATE: August 1, 2007 REQUEST: Rezoning and Final PD PREPARED BY: Pamela Dudziak LOCATION: 2065 Park Center Dr. COMPREHENSIVE PLAN: HD, High Density ZONING: R-4, Residential Multiple SUMMARY OF REQUEST Dakota County CDA is requesting approval of a Rezoning from R-4, Residential Multiple, to PD, Planned Development, and a Final Planned Development to allow construction of a new 55-unit 3-story apartment building for persons aged 55 and older upon approximately 6.13 acres located at 2065 Park Center Drive, in the SE'/4 of Section 30. 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. Planned Development: City Code Chapter 11. 60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: Planning Report - Dakota County CDA (Oakwoods East) August 28, 2007 Page 2 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUND/HISTORY The property was platted in 1991 and the existing 65-unit apartment building was constructed that same year. In 1998, when Regal Cinemas was proposing to construct the theater, the CDA sold the northeastern corner of their site to Regal Cinemas, which straightened the property line between the two lots and allowed Regal Cinemas to provide proof of parking to satisfy their parking requirements. The development plans submitted in 1991 showed a future apartment building east of the existing building. With R-4 zoning, the initial approval encompassed only the building permit at that time and did not pre-approve future expansion of the facility. Since 1991, the City's zoning ordinances have changed and the proposed second building does not meet current R-4 standards. The CDA is now proposing to construct a second building on this site. Also, the CDA owns the entire site and will own and manage both buildings as one complex. City Code requires separate lots for each building, except where multiple buildings are specifically approved through Planned Development zoning. The requested rezoning to PD is necessary to permit this second apartment building on the same site as the existing building, without subdivision. EXISTING CONDITIONS The site is 6.13 acres in size and contains an existing 65-unit three-story senior apartment building which was constructed in 1991. The existing building is three stories with an underground garage and is parked at less than two stalls per unit. There is a storm drainage pond on the southwestern part of the site, and the existing apartment building is on the northwestern end. The northern and western portions of the property are wooded, with a clearing east of the existing building. The site slopes down to the north and toward the pond to the south. The property is surrounded by a variety of uses park, commercial, office, public and residential uses. Access into the site is from Park Center Drive. GCD Planning Report - Dakota County CDA (Oakwoods East) August 28, 2007 Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Rahn Park P, Park P, Parks and Recreational Open Space South Driver's Training Station PF, Public Facilities QP, Quasi-Public East Regal Cinemas PD, Planned Development RC, Retail Commercial West Office; Residential PD, Planned Development O/S-Office/Service; LD-Low Density EVALUATION OF REOUEST Description of Proposal - The proposed project is a new 55-unit affordable senior housing apartment building in conjunction with the existing 65-unit facility, to total 120 units (25 two- bedroom units and 30 one-bedroom units). The new building will be three stories, with underground parking. According to the applicant's narrative, "All exterior design, finishes, materials and colors would be selected to match the existing building and site amenities." The proposed building results in a higher density than allowed by the R-4 zoning district standards, two principal buildings on one lot, building height over 35 feet and parking of less then two stalls per unit. All of these deviations from City Code requirements can be accommodated through the proposed PD zoning. The acceptability of the deviations is a policy matter to be determined by City officials. Compatibility with Surrounding Area - The proposal appears compatible with surrounding uses. The site is guided for High Density residential use (12+ units per acre). The property is surrounded by a variety of uses park, commercial, office, public and residential uses. Access into the site is from Park Center Drive. There are trees between the site and the park to the north and single-family residential use to the west. The new building will be located on the east side of the site. Site Plan - The Site Plan show a three-story apartment building with underground parking east of the existing building. Access to the new building will be from the existing driveway off Park Center Drive. A central court is located between the two buildings allowing vehicles to drive-up to the buildings main entrances for drop-offs or pick-ups and provides for vehicle turnaround. Density - To evaluate the developer's proposal, density is first calculated by what is proposed (the number of units divided by the gross/net site areas), then compared against what is required or allowed in the comparable R-4 zoning district. q7 Planning Report - Dakota County CDA (Oakwoods East) August 28, 2007 Page 4 Proposed - The developer is proposing 55 new units for a total of 120 units on a gross site area of 6.13 acres, resulting in a gross density of 19.6 units per acre. City Code permits only 10% of the pond area to be utilized for density purposes. As such, the net site area is 5.75 acres, resulting in a net density of 20.8 units per acre. Required - R-4 zoning requires a minimum site area of 2,750 sq. ft. of area per unit. The City Code allows a credit of 300 sq. ft. per unit for each unit served by underground garage. With 120 units and 104 underground garage stalls, the required site area would be 6.86 acres (the equivalent of 17.5 units per acre). Whether measured by gross or net, the site area is less than 6.86 acres and the proposed density, exceeds 17.5 units per acre and thus, deviates from typical R-4 zoning standards. The applicant's narrative states "senior housing units tend to have a higher ratio of one bedroom and smaller sized units than typical market-rate, all-age housing so more units can be accommodated on a smaller site and still have a softer impact on the site." Parking - The City Code requires two parking stalls for each multi-family dwelling unit (at least one covered or underground), with no specified parking standard for senior housing facilities. The proposed new building provides 61 parking spaces for 55 units, a ratio of 1.11 to 1. This ratio is consistent with prior approvals for other senior housing apartments and with the amount of parking for the existing Oakwoods building. For comparative purposes: ➢ O'Leary (1997) provides 1.16 stalls per unit ➢ Marice Manor (1997) provides 0.74 stalls per unit (with proof of parking to total just under one stall per unit) ➢ Oakwoods Phase I (1991) provides 1.7 stalls per unit The applicant's narrative states the parking need "will be highest at the opening of the building and continue to diminish as the population ages in place. The Phase I existing building has a 77% utilization rate of the garage parking and the surface lot is used mainly by visitors. Other CDA Eagan projects' garage utilization ranges from 64% to 86% with no waiting lists for garage parking spaces." Setbacks - The Zoning Code requires a minimum 30-foot side yard setback and 50-foot front yard setback, however, the 38-foot building height requires an added 9' of setback. The proposed front yard setback is more than 70 feet and the rear yard setback is approximately 80 feet. The proposed side yard setback, however, is 31 feet and does not provide the increase setback related to the building height. Storm Drainage/Water Quality - Compliance with City policies and ordinances regarding storm drainage will be reviewed at the time of building permit. There are no jurisdictional wetlands on the site. Planning Report - Dakota County CDA (Oakwoods East) August 28, 2007 Page 5 Access/Street Design - Access will be provided via the existing driveway to Park Center Drive. Tree Preservation - The plans appear to result in less then the allowable 30% tree removal for this type of development. The actual amount of tree removal and compliance with the tree preservation ordinance will be confirmed at the time of building permit. Landscaping - The Landscape Plan appears to be acceptable. An approximately 75-foot wooded buffer will remain north of the building. Around the area of new construction, deciduous and evergreen trees will be planted along the western perimeter with a cotoneaster shrub hedge to screen along the south and east sides of the surface parking lot. Foundation plants are proposed around the west side of the building near the patio, sidewalks and main entrance to the building, with perennial grasses and flowers along the west side of the building facing the central court between the two buildings. Parking lot islands are proposed to be planted with shrubs and deciduous shade trees. Mechanical Equipment - Ground mounted mechanical equipment will be located north of the building. The equipment is screened from off the site to the south, east and west by the buildings, and to the north by the existing woods. The applicant's narrative states the equipment will be screened by landscaping. The Landscape Plan shows several deciduous trees around the equipment. Additional screening utilizing evergreen and deciduous shrubs should be provided. This additional screening should be shown on the Landscape Plan at the time of building permit. Parking - The City Code requires two parking stalls for each multi-family dwelling unit (at least one covered or underground), with no specified parking standard for senior housing facilities. The proposed new building provides 61 parking spaces for 55 units, a ratio of 1.11 to 1. This ratio is consistent with prior approvals for other senior housing apartments and with the amount of parking for the existing Oakwoods building. For comparative purposes: ➢ O'Leary (1997) provides 1.16 stalls per unit ➢ Marice Manor (1997) provides 0.74 stalls per unit (with proof of parking to total just under one stall per unit) ➢ Oakwoods Phase I (1991) provides 1.7 stalls per unit The applicant's narrative states the parking need "will be highest at the opening of the building and continue to diminish as the population ages in place. The Phase I existing building has a 77% utilization rate of the garage parking and the surface lot is used mainly by visitors. Other CDA Eagan projects' garage utilization ranges from 64% to 86% with no waiting lists for garage parking spaces." Building Elevations/Architecture - The building utilizes exterior design and finish materials and colors to match the existing building and site amenities. Mechanical louvers and vents in the exposed garage walls will be painted to match the adjacent materials. Building Height - Building height is measured from the average grade to the midpoint of a pitched roof. City Code allows a maximum building height of 35 feet. City Code permits 99 Planning Report - Dakota County CDA (Oakwoods East) August 28, 2007 Page 6 additional building height up to 60 feet, with additional setbacks of 3 feet for each 1 foot of additional building height required. The majority of the building is 34'2" in height. A portion of the building at the north end is 44' 2". The overall average building height is 38 feet. The proposed building is set back 31 feet from the east property line, however, this does not provide the additional setbacks required for the building height over 35 feet. The applicant's narrative states "The building will not appear taller than allowed from the public way The tall portion of the building is limited and is located within the low, wooded area at the north end of the site and a small area at the garage entry." Storage Space - City Code requires 150 cubic feet of storage space per unit, in addition to the closet and storage area within the unit. The floor plans provide 47 lockers for 55 units. Each locker is 3' x 5' x 8', and provides 120 sq. ft. of additional storage space. 120 sq. ft. locker size is consistent with the existing building, but short of the 150 sq. ft. required by City Code, and the number of lockers is 8 fewer than the number of dwelling units. The applicant's narrative states that "General building storage is provided in the garage level and the existing building also has a large maintenance shop and building storage area that will be shared with the new building." Trash Storage - Trash storage is proposed inside the building in the lower parking level. Site Lighting - City Code requires site lighting be as is necessary for security, safety and traffic circulation. Typically, we look for parking lot lighting to be not less than 0.5 footcandles, and for an average-to-minimum ratio of 4:1. For the new building, the Site Lighting Plan shows pole-mounted lighting in the parking lot with one light located in the center of each row of parking stalls. The far side of the driving lanes opposite the parking stalls are not as well-lit, with footcandle levels dropping to between 0.5 and 0.2. One wall-mounted light is proposed on the west side of the building above the underground garage entrance. The approach driveway to that area also shows light levels below 0.5 footcandles. The lighting statistics show an average to minimum ratio of 9:1, which suggests large variations in site lighting, with relatively bright and relatively dark spots. The applicant should consult with their lighting engineer to determine if adjustments in the lighting plan can be made to better illuminate the areas currently under 0.5 footcandles, provide more uniform light levels throughout the parking lot, and confirm that the lighting plan provides sufficient lighting for safety and security purposes. Parks and Recreation - The park and trail dedication fees for this development were waived by the City Council with the initial development in 1991. Recreation Space - City Code requires that on-site recreation space be provided in multiple- family developments. The Code requires 200 sq. ft. for each 1 bedroom or 2 bedroom unit, plus an additional 100 sq. ft. for each 3 bedroom unit. Using this formula, a total of 24,000 sq. ft. is required - 11,000 for the new building and 13,000 for the existing building. lW Planning Report - Dakota County CDA (Oakwoods East) August 28, 2007 Page 7 The applicant's narrative states they have provided 5,600 sq. ft. for the new building. An outdoor patio and adjacent green yard space can be used for barbeque and active group events. The area north of the existing car court wall provides "a connection to trails, and quiet, reflective space for individual activities such as bird feeding and watching." The narrative further states that "these uses are consistent with the uses provided at the existing building" and "amenities such as seating or bird feeders will be provided as needed." SUMMARY/CONCLUSION Dakota County CDA is proposing to construct the second phase of the Oakwoods senior housing. The new building will provide 55 units of affordable senior housing in addition to the existing 65-unit building. A second building was envisioned for this site since the initial development in 1991 and the CDA is now ready to implement it. The CDA is requesting approval of a Rezoning to PD, Planned Development, and approval of the Final Planned Development for the new building. The Planned Development is requested to accommodate two principal buildings on one lot, building height over 35 feet and parking of less then two stalls per unit. Additional deviations such as in the amount of interior storage space and outside recreation space are also part of this development proposal. Compliance with the City's tree preservation ordinance will be confirmed at the time of building permit. Preliminary engineering plans (i.e. grading, drainage, utilities, etc.) appear acceptable and all engineering matters will be addressed with the building permit application for this project. Deviations from typical City Code requirements can be accommodated through the proposed PD zoning. The applicant's narrative indicates that the proposal will have no negative impacts on the quality of life for residents or on the community at large and that "the completed project will be a great asset for the community as well as the residents." The acceptability of the proposed Planned Development with deviations to typical City Code standards is a policy matter to be determined by City officials. ACTION TO BE CONSIDERED To recommend approval of a Rezoning from R-4, Residential Multiple, to PD, Planned Development, of 6.13 acres located at 2065 Park Center Drive in the SE '/4 of Section 30. To recommend approval of a Final Planned Development to construct an additional 55-unit senior apartment building upon 6.13 acres in conjunction with the existing 65-unit building on the site, located at 2065 Park Center Drive in the SE '/4 of Section 30. If approved, the following conditions shall apply: !~1 Planning Report - Dakota County CDA (Oakwoods East) August 28, 2007 Page 8 1. The developer shall execute a Final Planned Development Agreement which includes the following plans: • Site Plan • Building Elevations • Site Lighting Plan • Landscaping Plan 2. The development shall be subject to compliance with City policies and ordinances regarding grading, storm drainage and erosion control, to be determined at the time of building permit. 3. The developer shall protect preserved trees' critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 4. The developer shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 5. Additional screening though evergreen and deciduous shrubs shall be provided and shown on the landscape plan at the time of building permit. 6. Building design shall be consistent with, and finish materials and colors shall match, the existing building and site amenities. 7. Trash storage shall be inside the building. 8. Prior to issuance of a building permit, the applicant shall consult with their lighting engineer to determine if adjustments in the lighting plan can be made to better illuminate the areas currently under 0.5 footcandles, provide more uniform light levels throughout the parking lot, and confirm that the lighting plan provides sufficient lighting for safety and security purposes. Boa Eagan Boundary Right-of-way Park rea Location Map O Park Area Building Footprint 95 q to e ® y t 47 D © A b 0 ® e 4 A ~ e ~ a g ~ m . m. ~ e e9 0 d e q - ~ ® eau uw i IWW S' bject Site ft®® ir e 7 ,9 a eeuarT even mec p ~ ® no To "45 40 e~ 10* $1 q9 spry. ~ lye ~ a g I ' © ® ~l a 19 ® ! 99fe 9 999 ® g i mew ~ ~ E1< e ~ P • ! ♦ e a a.a. a. ■ f f e I B ~ B ® ~ ~"~b~p 4!~ ties r la~I~{' C1000 0 1000 2000 Feet Development/Developer.. Dakota County CDA Application: Rezoning and Final Planned Development Case No.: 30-RZ-04-07-07 i N City of BaQan ld3 THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Dakota County C DJ Rezoning and Final Planned Developm n 30-RZ-04-07-07 & 30-FD-07-07- Zoning Map P c E E PD E Location F D Current Zoning: R.4 D PD PD 91 I PD R'4 Residential Multiple PD PD D Q cs CSC PD PD PD 4P LB PF T PD g+~ PD LB E of ~ PF m goo 0 000 1200 Feet Comprehensive Guide Plan MD wA4,.,w m Land Use Map E3 P RC e Location 0 pJ~ ND C OIS RC RC Current Land Use Designation: RC RC /S _ C HD High Density R RC OIS ~RC RC C OIS QP RC o/S O/S Ls t I F1 OP A 600 0 800 1200 F+N . Er. N Parcel base map Information proWdedby Dakota County Land Etrwy Departmett Decmbar 2005. Zoning information maintained byCity Staft 14* City of Eayn W E TN S MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. 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I 7" •t 1 ~68~ li'°8 _ y~ •v ! I C= ilk e " I I I TREE PRESERVATION m OAKWOODS EAST fill i EAGAN, MINNESOTA ft~ DAKOTA COUNTY CDA L I gs~ )off \ \ a 7 "7 5 HIM 8 m H HOW mom m y~ m;~~~ Rg a ~a A':~ 9$ g$ p9 A giggg : N € 3~ a a13 ~f m a N s p p_ a ~ 3 Q6p~~ 1 ~ ~ ~ ~ ~ ~ age§§§ ~ a ~ a a € a 6 y a a z A m~ a 8 c~ st az m € ~ R ~ a s z ~a s =a ®a l . q a HIM I~ m ~ Cj ~ f i ~ ~ ~ a9R M~~ € S ~ ~ a ~ m A ■'~4 i2 as ° `x I h"I m m- to s 9 0 a P - - - - - - - - - - - - - - it LANDSCAPE PLAN OAKWOODS EAST ~o EAGAN, MINNESOTA DAKOTA COUNTY CDA ~~I in-site arcl FEbF I TR166 eEAREG ® L ,151'-P -t TuIRD ROdE _ tO.OECK eC ~T ® ® ® ® C® ® B ® B B .ECG FFLG ss.w .tee ECM LCMA - EL • YO-T O FIRST FLCOR TD. FlE T EL •111•.1' (100'-CI 4A11dG! LEVEL ••y••~• APERIr- TEL . W101''-1• I NORTH ELEVATION a AZ.I fps . I-a RDn ~ yrw» eEeI.RG -~4'eL . vr.e• TWFm ROnI TEL ~®y -`~.y.~~y ...yy..}y®.{ µ~1®.~-~.--' ~ . yy'.1• ® ® ® ® M-- 11 ® ~fl ® -M ® ® -M ffl- ® ® -M 1..1..1 ® NATO. DEGKFLDCR TEL . 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A2.1 RECEIVE[ ' 7 ELEVATIONS 111 F 7, (B \ o~ % -p J L J B L J O O O O ® 0 0 0 FF 5 5 S © © O R o m l Q m < m m~ s c~ ~ 0 0 0 ®00 00 Ie • o 00 0 0 ©o ; 0 0 0 c9 _ ® o oo®oo o®o®o©ooo FLOOR PLAN rm na OAKWOODS EAST EAGAN, MINNESOTA L DAKOTA COUNTY CDA ~=g G Ila 0 z J ; L f f E J orv ~L J J r---- i >o ~ ,fly 0 m cl) - m 0; 0 z ~ J L J j f i f l I J na A~ OAKWOODS EAST ela { ivo EAGAN, MINNESOTA D DAKOTA COUNTY CDA L ~ 113 R UTHONIA OUTDOOR N#.a LIG" as :F i ef~aEa~ s < n ,c I -aa m { a ` ~ Ix aii; ~~~LLLJJJ - ~ ~ l l , Y ~ - I r, 1 ~ } ' i + ~ ~ ! t yaerq a~ffar! ' I 9~~ ~Fa a~ag ~93~ ca e ii a I! - - ! :ar 1! f s~ esl E [i aaesl, yfll! ag s € a i 3 i~li i I"63 y~ ra1 e ~ t '.a ! ~ zll~ EE ~ Sa iiF~ st~`~~'o i;R t 9 a.all a f a :a:! i~iaii i a. ! 4 i a., '~i ~ I I: Z II i t~ a ,.:Yt #~fsA r 7 a ~ ltls ltva last `p9 a! { k If it;g ; bs sp4i fizrt i ILI 1 la aka a~ (,a~~s~. I . it , e !a t. ~ ~ ~3.t 2: E a i _ lli ~ I3 1~5~~ aaaai[e I ea Es i, ~P3 r j~p~*t~a~i a sfafale ses aea i !s g fia $ ~a 1 € ® ? 5i ta.a ! s !i$s as !s p E~~ z€~i~~5g~ (3(a• lip 0 saiaesw•ra uum:)uon,aea I sa 3a a asfEgS tS~ i _ J V eapa~iuaJ 5 r e MfIM t! . _ a _4 a1 lit r T o r m 13 of vi z 4a C, eo c ey z ci vx x~ n~ # F-9 PP # SSSSSS E s ¢ F-9 € a m # m j 6g SR_ F~ D 2.9 a : r± C- Fa N m z ~O a A .3 ~Ft 6 a E OAl C R C DO Zm m j 73 A z A S E F ~ ~ w C r c E CJ d v a m < m€ - - mPt< F9 SITE LIGHTING o Q~ OAKWOODS EAST ~l EAGAN, MINNESOTA ;lids DAKOTA C UNTY CDAi in•site architects August 1, 2007 City of Eagan PD Resubmittal Narrative Dakota County CDA Oakwoods East project General Project Description Dakota Count CDA is proposing to add Phase II to their existing Oakwoods project at Park Center Drive. This new building would include 55 new affordable senior housing units in addition to the existing building with 65 units. The new building would have 25 two bedroom units ranging in size from 850 sf to 1030 sf and 30 one bedroom units ranging in size from 550 sf to 760 sf. The new building will be three stories of housing above one underground parking level. All exterior design, finishes, materials and colors would be selected to match the existing building and site amenities. This includes two color stucco exterior on the building, rock face block walls and building base, decorative wood brackets and asphalt shingled roof, standing seam metal roof at low roof areas, vinyl windows, exterior light fixtures and landscaping. Requests We would like to retain Comprehensive Guide Plan designation of HD - high density for 12 + units per acre. The site density is 20.8 units per acre for 120 units on 5.748 acres (includes 10% of pond at NWL). We would like to change our zoning designation from R-4 to PD - planned development to accommodate a higher unit density, two primary buildings on one lot, reduced parking requirements, increased building height at one small portion of the building, and minimum lot area requirements. Building height allowed is 35' with a 30' setback in side yard. The majority of the building perimeter has a building height of 34'-2" from grade to the midpoint of the 5/12 pitched roof. At the north end of the building, where grade drops off quickly, the building height is 44'-2" at the average low point. The overall average building height from the midpoint of the roof to the midpoint at grade is 38'. The side yard setback is 30' for the east property line and the actual building location is approximately 31' from the property line. This does not provide the increased side yard setback of 9' for the additional 3' of building height above the allowed. The building will not appear taller than allowed from the public way and for most of the perimeter as the majority of the building is within the requirements. The tall porn ff'Wfh0 ` -L RECEIVED AUG 0 12007, 110 1 W River Parkway, Ste 330 / Minneapolis, MN 55415 / ph 612-455-1900 / fax 612-455-1907 I I5- City of Eagan PD Resubmittal CDA Oakwoods East August 1, 2007 Page 2 of 2 building is limited and is located within the low, wooded area at the north end of the site and a small area at the garage entry. Parking for the new building is 48 spaces covered and 13 surface parking spaces for a ratio of 1 to 1.1 1. This has historically been in excess of the need for senior housing. The need will be highest at the opening of the building and continue to diminish as the population ages in place. The Phase I existing building has a parking ratio of 1 to 1.17 with a 77% utilization rate of the garage parking spaces and the surface lot used mainly by visitors. Other CDA Eagan projects' garage utilization ranges from 64% to 86% with no waiting lists for garage parking spaces. Minimum lot area requirements for units is calculated at 2092 sf/unit for the 250,990 sf lot (includes 10% of the pond area at normal water level) divided by 120 units for both phases. The senior housing units tend to be have a higher ratio of one bedroom and smaller sized units than typical market-rate, all-age housing so more units can be accommodated on a smaller site and still have a softer impact on the site. Most units will only have one resident as opposed to two or more in market rate, all-age housing. Other Items The resident storage areas are shown at 3' x 5' and one per unit with ceiling height at 8'. This provides 120 cu.ft. of storage per unit which is consistent with the existing building but less than the required 150 cu.ft. per unit. General building storage is provided in the garage level and the existing building also has a large maintenance shop and building storage area that will be shared with the new buildina. Outdoor recreation space is being provided at 5,600 sf. We have 2,850 sf at the outdoor patio and adjacent green lawns for barbeque and active group events; and 2,750 sf at the north side of the existing car court wall, adjacent to the forest area as a connection to trails, and quiet, reflective space for individual activities such as bird feeding and watching. These uses are consistent with the uses provided at the existing building. Amenities such as seating or bird feeders will be provided as needed. A mechanical condensing unit will be located to the north of the building and screened by landscaping. An electrical transformer will be located near the garage entry and will be screened by landscaping. There will be mechanical louvers and vents in the exposed garage walls that will be painted to match the adjacent materials. Rooftop equipment will be limited to small vent pipes. RECEIVED ffUG 0 ~ 20t!-,' 110 101 W River Parkway, Ste 330 / Minneapolis, MN 55415 / ph 612-455-1900 / fax 612-455-1907 J~ I I~ City of Eagan PD Resubmittal CDA Oakwoods East August 1, 2007 Page 3 of 3 Public Benefit This second phase of the Oakwoods housing project is planned to begin construction this fall and be complete by the end of next year. It will provide needed affordable senior housing of good quality as another option for the seniors of Eagan. The requests listed above will have no impact on the quality of life for residents and will have no affect on the community at large. The completed project will be a great asset for the community as well as the residents. Please contact me at (612.455.1908) or email me dawn@insitearchitect.com with comments or questions concerning this Submittal. Sincerely, Dawn Wieczo47' InSite Architects cc. Kari Gill (CDA) Kirk Velett (InSite Architects) File RECEIV _G 2pL 110 1 W River Parkway, Ste 330 / Minneapolis, MN 55415 / ph 612-455-1900 / fax 612-455-1907 0 o H -4 -a -V -0 -1 O 7 Q Q X (A rt N ° ° x = x = OD 3 3 r- r (D (D CD r- =3 CD 0 o O :E O G CD X. G (D x Q to : - N ~ N N vi D :3 (D J (D Q W O CO 0 ° 7 7 C " 2. N N fD Imp 3 3 CL a 0 10 o Q o o ~ a o. w O D Z4 W ° 10 .p O Q V V N n A Ol V O N Lm O, O O ~O n u'- u' c L-1 LM O o o Q 0 0 O Q m 3 7C' O (.J O n O GO O O W O O _ C _ O Q -:L O 7 7 O j (p C V C pp pW, W W ° V W A W O CD 7 O 7 0 N O N A N - H N D. r N N N' CL CD C' ~ N CD rn " N' (D N N (D - NO V 10 J p O O co AW Q OAD CN1t W o° rt p 0 :3 V c O 00 a, 6, ;o V e 7 N O W c " IV `e C O CD `O o9 7 N 7 (n n A N n N n f1 N O -O _ O N N O N G S tD C (D v C (D \ O -n O Z) E ° N 7 a 7 ° Q W O N O CD m ccoo co (D 0 A o 0-_ 3 m m a o 0 0 F A V M 10 N a O A ° ° ° N O n n n 7 fl (D (D (D O + + + (D N N Q ° ° N (D (D D `200 RECEIVE ~r AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER SEPTEMBER 4, 2007 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Letter of Intent to Sell City Property at Cedar Grove Parkway and Gold Trail to Dakota County CDA for Young Adult Supportive Housing. 2. CEDAR GROVE REDEVELOPMENT DISTRICT - Clarification of Findings of Fact, Conclusion and Resolution for the Use of Eminent Domain for Properties in the Core Area. E. NEW BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Approve Purchase Agreement for Acquisition of South Parcel of B.J. Mulcahy Property F. OTHER BUSINESS G. ADJOURN 11'"6 Agenda Information Memo Eagan Economic Development Authority Meeting September 4, 2007 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the agenda as presented or modified. C. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the August 21, 2007 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the August 21, 2007 EDA meeting on pages lac) Z a g d UJ 0 Z 0 p/off Z a L 0 m y ~ d O i 1 2 U ~ o J ' 0 Q 0 DC ~ 0 R 0 0 J o O I V a fay I lOU / ® 4 ~ ~ eo Subject Site Silver•BeII:Rd- 13 Cedar Grove Redevelopment Area i O 0 JeQ~~i O D Gic ~ e la ~III~III i 0 325 650 1,300 My o{ E*D Feet Cedar of GGQ~rQlove Redevelopment Area CDA Youth Supportive Housing Proposed Site 1G, r Dakota County C D A Community Development Agency August 22, 2007 Jon Hohenstein City of Eagan 3830 Pilot Knob Road Eagan MN 55122 RE: Lot 6, Block I Langhoven - PID No. 10-44450-062-01 Dear Mr. Hohenstein: The Dakota County Community Development Agency (CDA) has an interest in purchasing the .48 acre site located on the northeast corner of Cedar Grove Parkway and Gold Trail. The CDA has an interest in developing a supportive housing development for young adults at this site. We feel this site will have many great qualities and amenities as redevelopment occurs. Our letter of intent is subject to the following items: • City approval of development applications, including Preliminary Planned Development and Final Plat approval. • The CDA would need to perform its own investigation and inspection, including but not limited to Phase 1 and environmental testing. The CDA is interested in initiating these activities as soon as this Letter of Intent is accepted. • Clear title would need to be provided to the CDA. • Contingent Purchase Agreement with December 31, 2008 closing. The CDA is willing to offer: • $210,000, per BRKW appraisal, if the items listed above is acceptable. • $10,000 refundable earnest money paid upon execution of purchase agreement. Earnest money would be applied towards purchase price of the property. If you accept our Letter of Intent, we would proceed with formal planning applications. The CDA and City reserve the right to include additional contingencies when a purchase agreement is negotiated if our Letter of Intent is accepted. Thank you for considering our offer. Please feel free to contact Lori Zierden at 651-675-4479 with any questions. Sincerely, V & CA Mark S. Ulfers Executive Director Acceptance: I, Thomas L. Hedges, City Administrator, on behalf of the City of Eagan hereby accept Dakota County Community Development Agency's purchase offer for Tax Parcel No. 10-44450-062-01 and agree to work in good faith in negotiating a purchase agreement. Name and Title Date 1228 Town Centre Drive • Eagan, MN 55123-1066 tel 651-675-4400 • fax 651-675-4444 Agenda Memo Eagan City Council Meeting September 4, 2007 2. CEDAR GROVE REDEVELOPMENT DISTRICT CLARIFY FINDINGS OF FACT, CONCLUSION AND RESOLUTION FOR THE USE OF EMINENT DOMAIN IN THE CEDAR GROVE CORE AREA ACTION TO BE CONSIDERED To approve an amendment of the Findings of Fact, Conclusion and Resolution to authorize the acquisition of properties in the Cedar Grove Redevelopment District by eminent domain to change a reference in Paragraph 7 of the findings from "a memo" from Ehlers and Associates to "Exhibit A to the Resolution approving the TIF District, dated October 2, 2001". FACTS: • At its meeting of August 9, 2007, the EDA and City Council approved the Findings of Fact, Conclusions and Resolution to authorize the use of eminent domain to acquire properties in the core area of the Cedar Grove Redevelopment District. Section 7 of the Findings refers to the City considering a "memo" from Ehlers and Associates as part of the basis for the original creation of the Redevelopment District. • In responding to a data practices request for a copy of the memo, it was determined that the document that had been referred to was not in the form of a memo, but was in fact Exhibit A to the Resolution approving the Redevelopment District. While the document was prepared by Ehlers and Associates as part of the background on which the district was formed and the distinction between a memo and an exhibit may be minor, City staff and the City Attorney are asking that the EDA consider this action to more accurately refer to the document in question as an Exhibit in the action of August 9. ATTACHMENTS: • Amended excerpt from the Findings of Fact, Conclusion and Resolution on page 11 • Resolutions to approve the amendment on paged& ou ~a~ 7. General facts concerning the Redevelopment District are as follows:... (Other bullets omitted.) • The TIF Plan makes a finding that but-for creation of the TIF District, the intended redevelopment activity would not happen. The City's Redevelopment Consultant, Ehlers and Associates, has reviewed the financial proforma for the proposed development contemplated by the TIF Plan and has prepared a memo Exhibit A to the Resolution approving the TIF District, dated October 2, 2001, indicating, likewise, that the specific proposed redevelopment would not occur but-for the assistance of the City in acquiring properties within the Redevelopment District, regardless of and not dependent upon whom the developer is for the proposed redevelopment (Other bullets omitted) ~a~ EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION AMENDING/CLARIFYING THE FINDINGS OF FACT, CONCLUSION AND RESOLUTION FOR THE USE OF EMINENT DOMAIN TO ACQUIRE PROPERTIES IN THE CEDAR GROVE CORE AREA. BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve an amendment of the Findings of Fact, Conclusion and Resolution to authorize the acquisition of properties in the Cedar Grove Redevelopment District by eminent domain, dazed August 9, 2007, to change a reference in Paragraph 7 of the findings from "a memo" from Ehlers and Associates to `Exhibit A to the Resolution approving the TIF District, dated October 2, 2001 Motion by: Second by: Those in Favor. Those Against: CERTIFICATION 1, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 4m day of September, 2007. Jon Hohenstein, Secretary/Deputy Executive Director Agenda Memo Eagan Economic Development Authority Meeting September 4, 2007 1. CEDAR GROVE REDEVELOPMENT DISTRICT - RESOLUTION TO APPROVE A PURCHASE AGREEMENT FOR SOUTH PARCEL OF B.J. MULCAHY PROPERTY ACTION TO BE CONSIDERED: To adopt a resolution to approve a Purchase Agreement and related documents for the South Parcel of B.J. Mulcahy Property. FACTS: • The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the execution of development agreements that are resulting in the construction of new private development consistent with the City's plans. • During the period leading up to the adoption of an agreement for the redevelopment of the core area, the City has considered the voluntary acquisition of properties in which there is a willing seller. • City staff has been approached by representatives of the B.J. Mulcahy property, which is located between Hwy 13 and Old Sibley Memorial Highway between the City's storm ponds and the Competition Engines property. The property owner presented an appraisal for the property, but it was determined that the property had a deposit of flyash on it that had been deposited as fill during the Hwy 13 upgrade project in the early 1980's. The City's appraiser conducted a review appraisal and determined that the property's appraised valuation was supportable, if the flyash were removed from the site. Following negotiations, the owner proposed to sell the property to the City at a value adjusted in consideration of that condition. In exchange, the City will cover the cost of subdividing the property from the portion of the property on the north side of Hwy 13, which will be retained by Mulcahy. • Staff and the owners have tentatively agreed to a sale of the property to the EDA for $290,000, pending EDA action. The purchase agreement and related documents are in order for consideration at this time. ATTACHMENTS: • Area map on page 13 • Resolutions on pages - • Purchase Agreement and related documents available upon request. lac ® o ~v Silver-Bell:Rd- Cedar Grove Redevelopment Area i Subject Site was ~ ® ~ o • 12 z~ illlalt - 0 325 650 1,300 City of Eat Feet Cedar Grove Redevelopment Area Mulcahy Property (southern portion) 13~ EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING PURCHASE AGREEMENT FOR SOUTH PORTION OF THE B.J. MULCAHY PROPERTY BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the purchase agreement for the south portion of the B.J. Mulcahy Property, in the Cedar Grove TIF District for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 4t' day of September, 2007. Jon Hohenstein, Secretary/Deputy Executive Director 131 - CITY OF EAGAN RESOLUTION APPROVING PURCHASE AGREEMENT FOR SOUTH PORTION OF THE B.J. MULCAHY PROPERTY BE IT RESOLVED by the Eagan City Council to approve the purchase agreement for the south portion of the B.J. Mulcahy Property, in the Cedar Grove TIF District for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council in a regular meeting thereof assembled this 4th day of September, 2007. Maria Petersen, City Clerk 1~ Agenda Information Memo Eagan Economic Development Authority Meeting September 4, 2007 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting. 133