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07/06/2010 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING JULY 6, 2010 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE Y. I II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS �7 a A. Recognition of Eagan Art Festival B. Recognition of July 4th Funfest IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) ?J A. APPROVE MINUTES P Ia B. PERSONNEL ITEMS P. IS C. APPROVE Check Registers P )(p D. AUTHORIZE City Attorney's Office to prepare an Ordinance Amendment — Chapter 6, Other Business Regulation and Licensing, Section 6.35 Gambling en E. AUTHORIZE City Attorney's Office to prepare an Ordinance Amendment — Chapter 6, Other Business Regulation and Licensing, Section 6.54 Body Art Establishments F. APPROVE Change Orders for Fire Safety Center 1�-X) G. ACCEPT Donation from Flint Hills Refinery for Water Rescue Equipment PGQ H. APPROVE Massage Therapy Establishment license for Christine Suihkonen, 1570 Century Point 10..231. APPROVE Election Judges for the August 10, 2010 Primary Election P.31 J. APPROVE a Resolution Authorizing the City Clerk to Appoint Deputy City Clerks for the purpose of Election Administration P33 K. APPROVE recording extension for Final Plat for Apollo Road Addition — MVHS Q� L. APPROVE recording extension of Preliminary Subdivision for The Heritage of Highview Q yf� M. APPROVE Resolution in Support of Transit Improvement Area Designation Application for Cedar Grove Redevelopment District �3 N. APPROVE Final Payment and Authorize City Maintenance of Contract 08 -06 (Northwood Parkway l� Overpass — Street & Utility Improvements) PST O. APPROVE Change Order No. 1 for Contract 10 -02 (City -Wide Street Overlays) P. APPROVE Contract 10 -15, Traffic Signal Painting (TH 149 & Blue Gentian Rd. / Northwest Parkway, Cedarvale Blvd. / Cedar Grove Parkway / Silver Bell Road P V Q. RECEIVE Feasibility Report and schedule Public Hearing for Project 1033, Cliff Road Trunk Water Main e 0 R. APPROVE Change Order Nos. 1 & 2 for Contract 09 -20 (Fire Safety Center — Site Grading) 7b S. APPROVE Joint Powers Agreement with Gun Club WMO for Grant Funding & Authorize Plans and Specifications for Contract 10 -16 (2010 Rain Gardens — Schwanz Lake) 7y T. APPROVE Police Officer and Firefighter Sculpture Commission Agreement with Brodin Studios f g( U. APPROVE Grant Application for a 2010 -2011 MN GreenCorp Member to Serve the Cities of Eagan and Burnsville APPROVE Telecommunication Lease Agreement with Clear Wireless LLC for the Yankee Doodle Water Reservoir V. PUBLIC HEARINGS VI. OLD BUSINESS VII. NEW BUSINESS f.183 A. PLANNED DEVELOPMENT AMENDMENT —Anytime Fitness —A Planned Development Amendment to allow hours of operation of 5:00 a.m. to midnight for a proposed fitness facility at 1012 Diffley Road. B. CONDITIONAL USE PERMIT —Primrose School of Eagan —A Conditional Use Permit to allow a child P�o�, daycare facility and early childhood education center located at 4249 Johnny Cake Ridge Road. VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY (There are no items at this time) X�.I ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development X1. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT F 1z TO: FROM: C In HONORABLE MAYOR AND CITY COUNCIL MEMBERS CITY ADMINISTRATOR HEDGES DATE: JULY 2, 2010 SUBJECT: AGENDA INFORMATION FOR JULY 6, 2010 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the July 6, 2010 City Council agenda, the following items are in order for consideration. Agenda Memo July 6, 2010 City Council meeting III. RECOGNITIONS AND PRESENTATIONS: A. Recognition of Eagan Art Festival Terry Davis, Chair of the Eagan Art House Board of Directors, and others were invited to attend the Council meeting to be recognized for the successful Art Festival held on June 24th and 25th. The following information was provided by Julie Anderson, Director of the Art House: The Eagan Art Festival was another great success... except for the tornado force winds on Friday and Saturday nights. O Even with the weather and some tent damage, the artists endured and offered our community a wonderful selection of creativity. Total attendance was over 6, 000 There were 95 artists of a wide variety of media. Kids art activity tent (provided by the Eagan Art House): 425 children made Grant Wood inspired puppet stages Art Experience Tent (provided by the Eagan Art House): 500 people watched art demonstrations. There were a total of 12 different demonstrations including pottery, weaving, painting, music and traditional Hmong arts. In the Art House's very informal survey, we discovered that 84% of respondents were from Dakota County. The remaining 16% came from Hennepin, Ramsey, Scott, Washington and Anoka Counties. A handful were from out of state. A total of 110 people responded to the survey. Comments heard from attendees: "The best year yet. " "Congratulations! This was my .first year attending and it was fantastic. " "A high quality of artwork. The Eagan Art Festival equals the Edina Art Fair. Great to have such quality on this side of town. " B. Recognition of the 4th of July Funfest Raleigh Seelig, Chair of the July 4`h Funfest Committee, and others were invited to attend the Council meeting to be recognized and to discuss the outcome of the Funfest that will occur this weekend. 941 Agenda Information Memo July 6, 2010 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the June 15, 2010 Regular City Council meeting and the minutes of the June 8, 2010 Special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the June 15, 2010 Regular City Council meeting are enclosed on pages 4 through 7. • Minutes of the June 8, 2010 Special City Council meeting are enclosed on pages through -[L-- 3 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota June 15, 2010 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and Hansen. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, June 15, 2010 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and Hansen. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, Administrative Services Gene VanOverbeke, Director of Communications Tom Garrison, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Broyles. AGENDA City Administrator Hedges noted that two items would be added under recognitions and presentations. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS A moment of silence was observed for Virginia Knight, former employee of the City who recently passed away. Scott Swenson gave an update on the 150th Anniversary Food Drive. CONSENT AGENDA City Administrator Hedges noted that item x would be added under the Consent Agenda. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the June 1, 2010 regular City Council meeting and the May 11, 2010 Special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Seasonal Employees in the Parks and Recreation Department as follows: Cascade Bay; Benjamin Bercher, Shelby Favorito, Stefan Decker, Hailey Johnson, Drew Ronchak, Evan Gittus; Forestry: Abby Guetzlaff, Jennifer Piskor Parks: Joseph Carchedi, Matt Carchedi, Ryan Wall; Parks and Recreation: Sarah Larsen Utilities: Ryan Mehlberg, Dwayne Holtz, Patrick Smith. 2. It was recommended to accept the resignation of Superintendent of Streets and Equipment Tom Struve. C. It was recommended to ratify check registers dated May 27, 2010 and June 3, 2010 as presented. D. It was recommended to award five additional new contracts for the Construction of the Fire Safety Center. E. It was recommended to approve a Shows License and waive fees, for the Old West Society of Minnesota's appearance in the July 4th Funfest Parade and for onsite camping/ performances at Eagan Central Park. F. It was recommended to authorize staff to enter into a contract for merchant services consulting with Better Business Solutions. City Council Minutes June 15, 2010 Page 2 0 G. It was recommended to approve the list of staff members to serve as election judges on the absentee ballot board for the August 10, 2010 Primary Election. H. It was recommended to approve the off -sale liquor license for AlphaJKFogg Enterprises, Inc., dba Black Diamond Wine & Spirits located at 525 Diffley Road #2050. I. It was recommended to approve the off -sale 3.2 percent malt liquor (beer) license for G & M Petroleum, Inc. dba Sinclair Dino Mart. J. It was recommended to approve a Tobacco License for G & M Petroleum, Inc., dba Sinclair Dino Mart located at 1815 Diffley Road. K. It was recommended to approve a Joint Powers Agreement with Dakota County for pavement striping of City streets and authorize the Mayor and City Clerk to execute all related documents. L. It was recommended to receive the bids for Contract 10 -01 (Blackhawk Road & Kenebec Drive — Street Improvements) and award the contract to Bituminous Roadways in the base bid amount of $1,407,702.00 with no alternates and authorize the Mayor and City Clerk to execute all related documents. M. It was recommended to authorize a variance to the Construction Activity Noise Regulations to allow construction activity 24 hours a day, 7 days a week, for McNamara Contracting, Inc. in completion of County Project 32 -69 (cliff Road — Overlay) for the following schedule: July 6 through July 21 (continuous). N. It was recommended to approve the final payment Contract 09 -07 (Phase 11, Storm Water Management Plan — Storm Sewer Improvements) in the amount of $10,110.18 to Quiring Excavating, LLC, and accept the improvements for perpetual City maintenance subject to warranty provisions. O. It was recommended to approve a 120 -day extension of time to record the Final Plat for Cedar Grove Park and Ride, consisting of 9 acres, located at 4035 Nicols Road. P. It was recommended to approve a Public Message Agreement with Clear Channel Communications for the billboard located south of 1 -494 west of Pilot Knob Road. Q. It was recommended to approve a 120 -day extension of time to record the final subdivision for The Oaks of Bridgewater 3rd Addition, located at 3862 Bridgewater Drive. R. It was recommended to approve Change Order #1 in the amount of $4,620 to install a fence on the outside of the Civic Arena to secure the outdoor chiller and provide access to the equipment by Dakota Electric. S. It was recommended to award the bid for a replacement electric ice resurfacer for the Eagan Civic Arena to Frank J. Zamboni & Co. Inc. in the amount of $93,312.53. T. It was recommended to accept a $200.00 donation from the Rotary Club of Eagan and approve a corresponding adjustment to the Police Department budget. U. It was recommended to accept the resignation of Guillermo Etienne from the Energy and Environment Advisory Commission. V. It was recommended to cancel the July 13, 2010 Special City Council meeting, and reschedule a special City Council meeting on July 27, 2010. W. It was recommended to approve an Easement Agreement for Project 778 (TH 149 Upgrade — Street Upgrade and Trail Improvements) with the owner of Parcel No. 10- 33900 - 010 -01 and authorize the Mayor and City Clerk to execute all related documents. X. It was recommended to approve 2010 -2011 Massage Therapy Establishment license renewals. 2009 COMPREHENSIVE ANNUAL FINANCIAL REPORT City Administrator Hedges introduced this item regarding the 2009 Comprehensive Annual Financial Report. Matt Mayer of Kern, DeWener, Viere, Ltd. made a presentation. Mayor Maguire commended Administrative Services Director VanOverbeke, Chief Financial Officer Pepper, and City Administrator Hedges for their work. The City Council acknowledged receipt of the report. No formal action was taken. G City Council Minutes June 15, 2010 Page 3 PUBLIC HEARINGS EASEMENT VACATION (CARRIAGE HILLS), FINAL PLANNED DEVELOPMENT AND FINAL SUBDIVISION — (STONEHAVEN 1ST ADDITION) City Administrator Hedges introduced this item regarding the vacation of public drainage, utility and street easements, a Final Planned Development of Stonehaven 1st Addition, and a Final Subdivision for Stonehaven 1st Addition. Public Works Director Colbert gave a staff report regarding the easement vacation. City Planner Ridley discussed the Final Planned Development and the Final Subdivision for Stonehaven 1 st Addition. Mayor Maguire opened the public hearing. Tony Venge stated he supports the project. There being no further public comment Mayor Maguire closed the public hearing and turned discussion to the Council. Council held a discussion relative to trail connections at Wescott Woodlands and the term of the trail lease agreement. Councilmember Tilley moved, Councilmember Fields seconded a motion to close the public hearing and approve the vacation of public drainage, utility and street easements as described within the former Carriage Hills Golf Course property. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Final Planned Development (Stonehaven 1st Addition) for 39 single - family homes and one community lot. Aye: 4 Nay: 1 Bakken opposed. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Final Subdivision (Stonehaven 1 st Addition) for 39 single - family lots, 1 community lot and 9 outlots. Aye: 4 Nay: 1 Bakken opposed. Councilmember Tilley moved, Councilmember Fields seconded a motion to authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 VARIANCE — 845 GOVERN CIRCLE (JON SPRINGER) City Administrator Hedges introduced this item regarding a request for a Variance of approximately 3' to the required 30' front yard setback for a covered front porch addition on property located at 845 Govern Circle. City Planner Ridley gave a staff report. The applicant stated they were available for questions. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Variance of approximately 3' to the required 30' front yard setback for a covered front porch addition on property located at 845 Govern Circle, legally described as Lot 14, Block 5, Gardenwood Ponds, 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 X City Council Minutes June 15, 2010 Page 4 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 front porch addition shall not exceed the size shown on the proposed Site Plan. 3. The addition shall comply with all other applicable Zoning Ordinance provisions. 4. A Building Permit must be obtained prior to construction. LEGISLATIVE / INTERGOVERNMENTAL AFFARIS UPDATE There were no items for discussion. There were no items requiring action. ADMINISTRATIVE AGENDA VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 8:30 p.m. Aye:5 Nay:0 Date Administrative Secretary / Deputy Clerk Ct�-' MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, JUNE 8, 2010 5:30 P.M. EAGAN ROOM — EAGAN MUNICIPAL CAMPUS City Council members present: Mayor Maguire, Councilmembers Bakken, Hansen, Fields and Tilley. City Staff present. City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Director of Communications Garrison, Director of Community Development Hohenstein, City Planner Ridley, Parks and Recreation Director Johnson, Superintendent of Parks Olson and Studio Supervisor Ongstad. I. ROLL CALL AND ADOPTION OF THE AGENDA The Mayor called the meeting to order. City Councilmember Tilley moved, Councilmember Hansen seconded a motion to adopt the agenda as presented. Aye: 5, Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. INTRODUCTION AND OVERVIEW OF REGIONAL COUNCIL OF MAYORSIURBAN LAND INSTITUTE OPPORTUNITY CITY STUDY PROJECT City Administrator Hedges introduced the item noting that the Urban Land Institute (ULI) and Regional Council of Mayors (RCM) developed the Opportunity Cities Program as a tool for cities interested in receiving assistance in pursuing their goal of supporting a full range of housing choices in suburban cities for a stronger, more prosperous region. Hedges added that in 2009, RCM and ULI partnered with five cities around the Twin Cities in applying the study process and developing individualized reports outlining findings and possible strategies or opportunities to futher their housing and livability priorities. In early 2010, according to Hedges, the RCM and ULI invited applicants for a second round of studies. The City of Eagan responded to the invitation and at its meeting of March 16, 2010, the City Council approved an agreement to move forward with the project. Community Development Director Hohenstein provided a summary of the key components to the Opportunity Cities Program, and introduced Cathy Bennett, of Bennett Community Consulting, who provided a further overview of the Opportunity Cities Program. • Special City Council Minutes June 8, 2010 Page 2 Bennett noted that a summary of the housing audit will be brought to the City Council in the fall of 2010. The City Council discussed the program and acknowledged representatives of the MVTA, 360 Communities, Advisory Planning Commission and Advisory Parks and Recreation Commission who were in the audience. IV. REVIEW OF CURRENT PLANNED DEVELOPMENTS City Administrator Hedges introduced the item noting that as one if its 2007 -2008 City goals, the City Council directed the preparation of an analysis of the City's planned developments (PD's) to form the basis for a review by the Advisory Planning Commission and City Council to determine whether any of the PD's that had exceeded their terms should be extended, modified or terminated. Hedges added that while PD's have terms, they do not expire at the conclusion of the term. Rather they remain in place unless or until they are extended, modified or terminated by an action of the City Council. Hedges noted to the City Council that staff is seeking direction from the Council on which, if any, PD's they would like to extend or modify upon reviewing those PD's that are nearing expiration, but have not been terminated. Community Development Director Hohenstein provided additional inforination regarding the PD review completed by City staff. City Planner Ridley reviewed 9 PD's for the City Council's review and consideration. The City Council discussed the individual PD's. It was suggested that the owners of the Eagan Woods Office Park (first and second) meet with the owners of Lost Spur Golf Course to discuss possible campus opportunities. There was Council consensus that by taking no action on the PD's that they were by default extending the terms of the PD. The Council provided direction to staff that they are comfortable bringing PD's back for review every couple of years. The City Council recessed from 6:40 p.m. to 6:50 p.m. V. FRANCHISE ENFORCEMENT AND LONG RANGE E -TV FINANCING City Administrator Hedges introduced the item noting that when Burnsville and Eagan mutually dissolved its partnership in the former Burnsville Eagan Community Television (BELT) operation, one of the byproducts was dissolution of the previous franchise enforcement method. Hedges noted that Communications Director Garrison and E -TV Studio Supervisor Ongstad are present to review a variety of options of how Eagan could enforce its franchise going forward to the end of its term in early 2015. Communications Director Garrison provided an overview of recent FCC and Federal Court decisions pertaining to how a municipality may spend the Public, Educational and Governmental (PEG) fee dollars it receives. The City Council discussed franchise enforcement options and directed that staff come back to a future workshop with a proposed ad hoc committee that would include a 9 Special City Council Minutes June 8, 2010 Page 3 Councilmember, City Administrator, and one other citizen that meets as needed. The Council requested that pros and cons be formulated as to addressing franchise enforcement with such an ad hoc committee and requested that a committee structure be formulated both with a City Councilmember and without. The City Council and staff reviewed long -term financial projections for E -TV, including the use of PEG fees and franchise fees. The City Council and staff discussed the options associated with the current mobile production truck that is shared with the City of Burnsville. The Council directed staff to proceed with a dialogue with the City of Burnsville with regard to the mobile production truck and bring back a recommendation to the City Council on the optimum time to consider a future purchase of a new mobile production unit /vehicle. VI. 2011 BUDGET PROCESS UPDATE City Administrator Hedges introduced the item noting that in late April, staff began the 2011 budget process and Department Directors are currently preparing 2011 budget proposals for the various divisions and departments. Hedges added that the General Fund and Civic Arena proposals are to be submitted to the City Administrator by June 18, 2010. Following submission, budgets will be reviewed by the staff budget team with departmental meetings beginning in late June and continuing into July. Hedges added, that as a starting point, Directors have been instructed to prepare budges that are limited to a 2% increase to the non - personnel sections from the approved 2010 department non - personnel budgets. Hedges also noted that in the personnel section, the preliminary budgets prepared at the department level will include step adjustments and only the changes to benefit levels that are in place (such as PERA contributions). Hedges added preliminary budgets will not include any other changes in compensation and no additional personnel are to be included in the department budgets. City Administrator Hedges noted that a request has been made to reschedule the July 13 City Council workshop. The City Council voiced their consensus that July 27 would be acceptable for a workshop to discuss the 2011 General Fund budget. The City Council directed that the rescheduled workshop be added to the June 15 Consent Agenda for formal consideration. VII. CAMPUS MASTER PLAN OVERVIEW City Administrator Hedges introduced the item noting that the presentation of the proposed master plan for the Municipal Center Campus is intended to serve as a check point with the City Council and an opportunity for the Council to provide comment to staff. Hedges noted that no projects are currently being proposed; rather, comments will be used to guide future renewal and replacement projects. Superintendent of Parks Olson summarized the proposed master plan. it) Special City Council Minutes June 8, 2010 Page 4 The City Council discussed the master plan and potential funding sources. The Council provided direction to staff to proceed with discussions with Dakota County regarding the elements proposed within the plan. VIII. OTHER BUSINESS There was no other business IX. ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:20 p.m. Aye: 5, Nay: 0 Agenda Information Memo July 6, 2010 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Hiring of Seasonal Employees ACTION TO BE CONSIDERED: Approve the hiring of Seasonal Employees in Parks & Recreation, Forestry & Streets divisions. Name Division Job Title Jeff Bergh Parks Park Maintenance Nathan Dunn Parks Park Maintenance Katie Konat Parks Park Maintenance Arthur Fugere Forestry Landscape Crew Laborer Jacob Bolks Streets Street Maintenance Laborer Mia Finnamore ECC Building Attendant Emily Nichols ECC Building Attendant Zack Johnson ECC Building Attendant Item 2. Hiring of William Cytryszewski and Chad Clausen as Eagan Police Officers. ACTION TO BE CONSIDERED: Authorize the hiring of William Cytryszewski and Chad Clausen as Eagan Police Officers effective July 19, 2010. FACTS: • Presently, the police department has two sworn vacancies. • Both of these positions have been evaluated by the City Administrator who has recommended replacement. • The Eagan City Council has previously approved the filling of these vacancies. Item 3. Accept the resignation of Officer James Thielen and authorize his replacement. ACTION TO BE CONSIDERED: Accept the resignation of Officer James Thielen and authorize his replacement. FACTS: /0� • Officer Thielen submitted his resignation effective August 15, 2010. • He will be retiring after 23 years of service to the City of Eagan. • The filling of Officer Thielen's vacancy was previously discussed with the City Administrator who recommended replacement. Item 4. Authorize the Hiring of Joseph Moseng as an Eagan Police Officer. ACTION TO BE CONSIDERED: Authorize the hiring of Joseph Moseng as an Eagan Police Officer effective July 19, 2010. FACTS: • Upon the resignation of Officer Jim Thielen, the police department will have a sworn vacancy. • The filling of this position has been discussed with the City Administrator who has recommended replacement. • It should be noted Officer Thielen's separation from the City will be August 15, 2010 and Joseph Moseng's appointment would be effective July 19, 2010. Consequently, there will be an "overlap" of employment for approximately 4 weeks. • The first two weeks of the 16 week training program for new recruits involves an "in- house" academy concerning report writing, firearms qualification, defensive tactics, and policy and procedure familiarization. Because the department relies upon select police officers to teach the program, scheduling can sometimes be challenging. • As noted in the previous personnel item, William Cytryszewski and Chad Clausen are expected to begin their employment with the City. In anticipation, the police department scheduled their two week academy beginning July 19, 2010. • The department will gain some efficiency if Joseph Moseng be hired by the city and attend the academy on July 19, 2010. Item 5. ACTION TO BE CONSIDERED: Accept the resignation of Connie Edwards (effective 7/23/2010), Community Development Clerical Technician III, and authorize her replacement. Item 6. ACTION TO BE CONSIDERED: To approve a change of the Assistant to the City Administrator position from .8 FTE to 1.0 FTE and approve a $3,200 budget adjustment to be funded by the General Fund contingency. For the past four years, the Assistant to the City Administrator position has been budgeted at .8 FTE. 13 • The workload and responsibility of the position has continued to increase, thus the position is proposed to increase from a part time (8) to a full time (1.0) schedule. • The increased hours will allow for greater attention to the newly created energy and environment advisory commission, as well as the recycling operations, which will now be overseen by the Assistant to the City Administrator. Likewise, additional time allocation will be provided to needed day -to -day administrative functions /projects. • The change in the Assistant to the City Administrator position's schedule results in an increase to the 2010 Administration budget of $8,778. The increase is offset in large part due to the reduction of an Administrative Clerical Technician position from .9 to .8 FTE in 2010, which is a reduction of $5,531. In total, the budget adjustment needed is $3,200. Item 7. ACTION TO BE CONSIDERED: Authorize the City of Eagan to continue participation with the Alliance of Cities through CBIZ Benefits & Insurance Services, Inc. for the purpose of going out for bid to solicit pricing for dental plans for the plan year beginning January 1, 2011. Authorize staff to pursue quotes for a fully insured plan as well as a self funded plan. FACTS: • The Alliance of Cities through CBIZ Benefits & Insurance Services, Inc. includes 11 Minnesota cities and a number of Minnesota school districts. • The City of Eagan has participated in the Alliance of Cities for the past 4 years to leverage lower cost dental insurance premium rates than what might be available if seeking rate quotes independently. Per MN Statute, the Alliance of Cities is required to go out for bid for the plan year of 2011. The City of Eagan wishes to continue to participate in this Alliance. • By authorizing the continued Participation Agreement, the City is committed to the Alliance for the duration of the term of the proposal however it does not bind the City to any future participation. • Dental rates for Eagan have been favorable with the Alliance of Cities. The preventative rates remained constant from 2007 through 2009 with a minor rate increase of 3% in 2010. Iq Agenda Information Memo July 6, 2010 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated June 10, 2010, June 17, 2010 and June 24, 2010 as presented. ATTACHMENTS: Check registers dated June 10, 2010, June 17, 2010 and June 24, 2010 are enclosed without page number. /S Agenda Information Memo July 6, 2010 Eagan City Council Meeting D. TO AUTHORIZE THE CITY ATTORNEY'S OFFICE TO PREPARE AN ORDINANCE AMENDMENT — CHAPTER 6, OTHER BUSINESS REGULATION AND LICENSING, SECTION 6.35 GAMBLING ACTION TO BE CONSIDERED: To authorize the City Attorney's Office to prepare an Ordinance Amendment -- Chapter 6, Other Business Regulation and Licensing, Section 6.35 Gambling FACTS: The State Legislature changed the law to allow either the City or the County to take action to authorize lawful gambling which then allows the State Gambling Board to issue a premises permit. Previously, having the County authorize the lawful gambling was not an option. The City Attorney's Office is also recommending that an additional section, "Applicability" be added to the City's Gambling Ordinance to incorporate State Law providing for exceptions to lawful gambling regulations as it relates to bingo conducted within a nursing home or a senior citizen housing project or by a senior citizen organization under certain limitations. The limitations are in regard to prize amounts, frequency of bingo occasions, participants, etc. ATTACHMENTS: (None) N Agenda Memo July 6 City Council Meeting CONSENT AGENDA E. Authorize City Attorney's office to prepare an Ordinance Amendment — Chapter 6, Other Business Regulation and Licensing, Section 6.54 Body Art Establishments ACTION TO BE CONSIDERED: Authorize the City Attorney's office to prepare an Ordinance Amendment to Chapter 6, Other Business Regulation and Licensing, Section 6.54 Body Art Establishments FACTS: • The State Legislature enacted new laws regarding body art licensure for both establishments and technicians that went into effect July 1, 2010. • The new law specifies health and safety rules for sites, equipment and procedures; sets grounds for granting temporary licensure, denying licensure and conducting an emergency closure of an establishment. • In a change from current law, no tattoos may be provided to people under age 18, regardless of parental consent. • Body art technicians and establishments will need to be licensed by the Department of Health beginning January 2, 2011. • These provisions will need to be incorporated into Section 6.54. ATTACHMENTS: None. 17 Agenda Memo July 6th 2010 Regular City Council Meeting CONSENT AGENDA: F. APPROVE CHANGE ORDERS FOR FIRE SAFETY CENTER PROJECT 0902 ACTION TO BE CONSIDERED: To approve change orders for Fire Safety Center Project 0902. FACTS: • The Council has previously authorized award of 26 contracts for the construction of the Fire Safety Center project. • Our Construction Management firm, Bossardt has spent additional time with each contractor that was awarded one of the 26 contracts and has value engineered each contract. • We have also made several changes related to the location of the generator and electric transformer that have resulted in changes in contracts. The location change will result in reduced noise concerns to future neighbors. • City Staff and Bossardt Staff are recommending the following change orders for a neat savings of $17,079. • ASI -004 Minnetonka Plumbing change fixture type: $711 • PR -001 Revise footing and foundation size for generator: $20,526 • PR -002 Revised generator and transformer pad: (16,353) • PR -005 Reduced amount of glass in garage doors for Fire Station Three remodel: ($295) • RCO -014 Credits for changes in casework: ($34,468) • RCO -016 Addition of limestone on front of station to match Community Center stone: $12,800 ATTACHMENTS: The Modification Log is enclosed on page ) / C ^C W a O co ol Oj 5� T D L H w c_ a 8 nr r H 4% Y yAT Y T U c a E IL m c 2 C d^ 01 n. C �C a0o tv F C i GC 0 Q a .5 a a p8IN C7 N fh V ��pp N 0) N c fD to CD � � N qWt Y H W J Y 2 ro a c � �i co N LX Q FIJ FU- N c Cc w a i g I I r m p0 O T a lq C3) c c m CL 88 69 V! s► v td _ T C9r$_��oiri V! fN a r t0 r /A N 2 a LL b E vi LL a c d' _ c ¢ U UY�ln1U —N d 0 �C c+ m oa .S L c _o i cli C a a c_ m a 8 co N 0 o�� Z O 0 E ,10 o > 3 m m ai N Eon U �V 0 IL w .5 a. 8 K s. 0 U p� a 01 —6. 0 v O U cc CD .5 a 8 N V w w K N §I ci N .n m N FU" .,t ,B M tll M �'U 3 m� d � Q � I m: 0 qm O cr m w b CL (I y in 0 0 a. m C a a tN en v h 0 N U C a N °a Lo LU z j q y U a0 tr C ^C W a O co ol Oj 5� T D L H w c_ a 8 nr r H 4% Y yAT Y T U c a E IL m c 2 C d^ 01 n. C �C a0o tv F C i GC 0 Q a .5 a a p8IN C7 N fh V ��pp N 0) N c fD to CD � � N qWt Y H W J Y 2 ro a c � �i co N LX Q FIJ FU- N c Cc w a i g I I r m p0 O T a lq C3) c c m CL 88 69 V! s► v td _ T C9r$_��oiri V! fN a r t0 r /A N 2 a LL b E vi LL a c d' _ c ¢ U UY�ln1U —N d 0 �C c+ m oa .S L c _o i cli C a a c_ m a 8 co N 0 o�� Z O 0 E ,10 o > 3 m m ai N Eon U �V 0 IL w .5 a. 8 K s. 0 U p� a 01 —6. 0 v O U cc CD .5 a 8 N V w w K N §I ci N .n m N FU" .,t ,B M tll M �'U 3 m� d � Q � I m: 0 qm O cr m w b CL (I y in 0 0 a. m C a a Agenda Memo July 6t" 2010 Regular City Council Meeting CONSENT AGENDA: G. APPROVE A RESOLUTION ACCEPTING DONATION FROM FLINT HILLS REFINERY FOR $2,150. ACTION TO BE CONSIDERED: To approve a resolution accepting a donation from Flint Hills Refinery for $2,150 for the purchase of water rescue equipment, and approve a budget adjustment increasing revenues and expenditures in the General Fund by $2,150 for the donation and its related expenditure. FACTS: • Flint Hills Refinery has offered to donate $2,150 to the City of Eagan Fire Department for the use of purchasing water rescue equipment. • The Fire Department is requesting that the funds be used for the purchase of new water rescue equipment for our rescue boat. • The equipment would include: search lights, marine band radios for communications with other boats while on the Minnesota River, and removable seats for the rescue boat. • The funds will be placed in Fire Equipment account 1225.6670. • A thank you letter will be sent to Flint Hills Refinery from the fire department. ATTACHMENTS: The Resolution is enclosed on page'Q/ EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on July 6 "', 2010, at 6:30 p.m. The following members were present: Hansen, Bakken, Fields, Maguire, and Tilley. Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, The Flint Hills Refinery has offered to donate $2,150 for use by the City of Eagan Fire Department; and WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two- thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks Flint Hills Refinery for the gracious and generous donation. ADOPTED this 6th day of July, 2010 Mike Maguire, Mayor ATTEST: Maria Petersen, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon the vote being taken thereon, the following voted in favor: ; and the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. - / Agenda Memo July 6, 2010 City Council Meeting CONSENT AGENDA: H. Massage Therapy Establishment License — Christine Suihkonen, Body of Work, 1570 Century Point ACTION TO BE CONSIDERED: Approve Massage Therapy Establishment License for Christine Suihkonen (Body of Work) to be located at 1570 Century Point. FACTS: • Christine Suihkonen has applied for a license to operate a massage therapy establishment at 1570 Century Point, within the Healing Touch Chiropractic and Wellness center. • All requirements of the application have been met and the fee has been paid. • The Police Department conducted a background investigation and found no reason to deny the proposed license. ATTACHMENTS: • None. The application is available for review in the Administration Department. Agenda Information Memo July 6, 2010, Eagan City Council Meeting I. APPROVE ELECTION JUDGES FOR THE AUGUST 10, 2010 PRIMARY ELECTION ACTION TO BE CONSIDERED: To approve the list of election judges for the August 10, 2010 Primary Election. FACTS: ➢ Included in the Administrative Agenda packet distributed to Council on June 14, 2010 was the list of proposed election judges with precinct assignments. y A list of proposed judges to be utilized in the event of cancellations was also sent to the Council. Since that time, a number of judges have cancelled. Staff has made the necessary substitutions. All, but one of the substitutions have been made from this list. Changes from the list Council received on June 14 are denoted on the attached list of judges. As more cancellations occur, staff will continue to substitute from the list of approved judges whenever possible. The judges on the attached list have met the minimum qualifications set forth in state statute. ATTACHMENTS (1) Attached on pages through �- D is the list of election judges for the Primary Election. z O F- L) w J W Q a 0 0 N O I-- Q W z O F- U w J w LL O H U) J Y'1 q U) c 0 U O L N U -p C 7 U U � Q X O N N c O .- O En N O Q" U C (u v w N (n - � cn N O O c o }' CL cu N aD -0 73 6 m O a� c - O O Q W � N � � E O U I i I I cu z p O z H U z cli U OW OW a �> J Jz D O>- >- UJw W U' W >WQw0lcl< z J z¢ U— LJ1 J Q J 0' ¢ W 2 ->-� IWi U) tn��U�0- li Q O JJp p Q Q zJ0O� Q ZUC7UY O w o'Q =Z�QU) U Q pU Q m(n p Q p �20wwm�F Z0�oo�o'ppz� w= Yf- Q Uo_m O Q w =Q z p O I- Q JY� zwzz z� W<000 -.) = ��m =m z 0 U) z W 2 Q 0 O (n(n O z W Wfnz w W Of Www >. 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Y O d Z W Q' p p Z J Ur LU Z L Q W J = o Q CL O Q J ULL0 Of =YJJ2ZWW( � Q Q O W U U - �WUW2UW W Z = �2�OpWF— J = Zzoz Y �JZJF- W<<<7-)o ��'(i<w � O 2 0>- Qp Q W 0 Jp�QQ Q O O %Z Q} LLpZp�� J(n��ULLpQ� -�LLpJ C) 2QQ2 i n W W Z Q Q Q2 Z w1oC7QO»F- W O p O Y(nHZ(nQ J W �W Q (n Q Q W- O� U z of 0 J (7 J (n F> LL, (n �� J � F- F- F'- F- p i i i > i 5 > > > > > >< U U O U) z O H Q J J W U z a U U) Q W z 0 U) a W m O I-- CO W 0 N F- z W O U O z F- U z U W w CL Of Q U W W W 2 W Z W Z Of J LLJ W H Q' Q z W O Q— O Q= J Q 2 O Z W LU d Z Q Q U � LL -j W (n 2 --,) y 2 U m? Y O d Z p p Z J Ur LU Z L Q W J = o Q O Q J ULL0 Of =YJJ2ZWW( � Q Q O W U U - F- z w O U O z H U z_ U W a z F- �Of 25 __ LL U) U) w a zww Cl) O >w J F > Agenda Information Memo July 6, 2010, Eagan City Council Meeting J. APPROVE A RESOLUTION AUTHORIZING THE CITY CLERK TO APPOINT DEPUTY CITY CLERKS FOR THE PURPOSE OF ELECTION ADMINISTRATION ACTION TO BE CONSIDERED: Approve a resolution authorizing the City Clerk to appoint deputy city clerks for the purpose of election administration. FACTS: Minnesota Statute requires that the absentee ballot return envelope must contain a statement signed by a person who is registered to vote in Minnesota or by a notary public or other individual authorized to administer oaths. ➢ Many residents vote by absentee ballot in person at City Hall. Certain staff members are asked to assist with the absentee voting process. A deputy city clerk is authorized by state statute to administer oaths. Therefore, the City Clerk is requesting that the Council authorize her to appoint designated staff as deputy city clerks for the sole purpose of election administration. Approval of the resolution will allow the designated staff members to witness absentee ballots as election officials which will ensure that the ballot will be accepted by the Absentee Ballot Board. ATTACHMENTS (1): ➢ Resolution authorizing the City Clerk to appoint deputy city clerks for the purpose of election administration enclosed on page 3a . 3) CITY OF EAGAN RESOLUTION RESOLUTION AUTHORIZING THE CITY CLERK TO APPOINT DEPUTY CITY CLERKS FOR THE PURPOSE OF ELECTION ADMINISTRATION WHEREAS, the Dakota County Auditor has designated the Eagan City Clerk to administer absentee voting for the City of Eagan; and WHEREAS, the City Clerk deems it necessary for designated staff members to assist with the absentee voting process; and WHEREAS, Minnesota Statute 20313.07 requires that the absentee ballot return envelope must contain a statement signed by a person who is registered to vote in Minnesota or by a notary public or other individual authorized to administer oaths; and WHEREAS, a Deputy City Clerk is authorized by State Statute to administer oaths. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Minnesota that the City Clerk shall have the authority to appoint designated staff as Deputy City Clerks for the purpose of administering elections. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its City Clerk ERTIFICATION 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 6 °i day of July, 2010. Maria Petersen, City Clerk �a Agenda Information Memo July 6, 2010, Eagan City Council K. EXTENSION OF RECORDING THE FINAL PLAT FOR APOLLO ROAD ADDITION (MINNESOTA VALLEY HUMANE SOCIETY) ACTION TO BE CONSIDERED: To approve a 120 -day extension of the Final Plat approval for Apollo Road Addition consisting of a single lot on approximately 1.4 acres on properties located at 951 Apollo Road the NW '/4 of Section 11. FACTS: The City Council approved the Final Plat on May 4, 2010. The applicant is requesting 120 -day extension at this time. (Please see attached letter for explanation) The requested 120 -day extension would allow until November 2, 2010 for the plat to be recorded. ATTACHMENTS (3): Location Map, age Plat Map, page Letter from CNH Architects, page�� 93 Location N1ap �• �' LO ,0 k,Rd_j K cl \ P1•, Y-k,0 di, Rdj ll Lexington Park ; G Z Q A PIT G oinl yRa QCnRG I l Map Area Extent 11 Subject Site y � i - m i o X L �1 Z / \ \ l 1 North Park Park 77 i I Project Name: Minnesota Valley Humane Society �� City of Eap 3� Feet 0 500 1,000 2,000 Legend JoIlm In IsXsCity Boundary Parcels \ Parks Buildings N 11 E F: _ 5 V O O J O z a E v c e � ooc h z 0 U C N LU N CV N N - L C _ ] 0 U C m L � _ C E r # P - � I a — _ -- ____ sl � - I I I I I ' 3 - I II f � II - Z •__ o I a s OOzfZ - 3,i9,9t.ON - - TF 3Sr 7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124 - 7580 (952) 431 - 4433 June 18, 2010 Julie Strid jUtA 2 2 REC13 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Final Plat and Conditional Use Permit Extension Coirnin. No.: 10013 On behalf of the Owner, I am requesting a 120 day extension to the recoding of the plat for the future site of the Minnesota Valley Humane Society at 951 Apollo Road. The Purchase Agreement that MVHS has for the property provides for a closing by the end of September, 2010, to allow time for their fundraising efforts. The filing of the plat and CUP will be done as part of the closing procedures at that time. If you have any questions regarding this request for extension, please let me know. Sincerely, C�- uinn S. Hutson, ALA, LEED AP Principal CNH Architects, Inc. cc: File Lynae Gieseke, MVHS P 'Projects`20MI W 13\2 - Design',City Review (Site, CUP)`.PW Filing Extension Request duc 73te Agenda Information Memo July 6, 2010, Eagan City Council L. EXTENSION OF PRELIMINARY SUBDIVISION APPROVAL (HERITAGE OF HIGHVIEW) ACTION TO BE CONSIDERED: To approve a one -year extension of the Preliminary Subdivision approval for Heritage of Highview, consisting of four single- family lots on approximately 1.7 acres on properties located at 1416 &1420 Highview the SE 1/4 of Section 04. FACTS: The City Council approved the Preliminary Subdivision on June 6, 2006. A one -year extension of the Preliminary Subdivision approval was granted in 2007. A one -year extension of the Preliminary Subdivision approval was granted in 2008. A one -year extension of the Preliminary Subdivision approval was granted in 2009. The applicant is requesting another one -year extension at this time. (Please see attached letter for explanation) ➢ The requested one- year extension would allow until June 6, 2011 for the plat to be recorded. ATTACHMENTS (3): Location Map, pa e,9 Plat Map, page �j Letter from Gloria Fritz, page 43 "*7 Eagan Boundary U Locatioin, Map Right -of -way Parcel Area Park Area Building Footprint Z— El LZI PF- Subject Site eJ t7 U E? q C '50 / ORD Q o �P �� P © © � C C3 Z y. 9.13' �� c� Q o0 // rA CJ - it p _ 1000 0 1000 2000 Feet Development/Developer. The Heritage of Highview Mal, Prepared using ERSI AxcView 3.1. Parcel base map data provided by Dakota Count/ Cffice of GIS and is current as of April 2005. N City of Eap S MAP IS I NTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. S g w x [t YMIVY 'tZ s6PMl ♦ •011]E b In IM - -. _ ST F � ^^• I I O R I O O p6 "66L 3.OZ,6L005 V R �— - - - - - -� — — — — — — — . - - --- ry tDr W c W R Uj A 1lYIOJ M31A11F�1 A Y 9 '^ cm -� ------- - - - --� vNZ M-Oz.t" I OY LJ 7�. Tg I (POY 1]OI 1ClV — k VI 11/f] XG, I �..— .. —.I. ay S a S g Y a5as > > 5s ifs �C6 5 5 ��S ^g N is S ! 55 W, �.I C7 c� � J C� LU La_a To: City of Eagan From: Gloria Fritz /Matt Yonness Cell# 651- 755 -0824 Re: Renewal of Heritage of Highview — Development 1416 -1420 Highview Avenue, Eagan, Minnesota 55121 Due to the current economic conditions, we are unable to build or sell lots for this development. I have contacted various contractors /builders, and they do not want to add anymore homes "for sale" on the market, until the surplus of the existing foreclosed and new builds homes are sold. Therefore, we will need to extend our project out for another year, Thant: you for your time on this matter! Yours truly, l � Gloria F,iitz - Dev6f6per 41) Agenda Information Memo July 6, 2010 Eagan City Council Meeting M. RESOLUTION APPROVING TRANSIT IMPROVEMENT AREA DESIGNATION APPLICATION ACTION TO BE CONSIDERED: To adopt a Resolution approving and authorizing submittal of a Transit Improvement Area Designation application and area plan for the Cedar Grove Redevelopment Area and Transit Station. FACTS: The Transit Improvement Area Account was established by the 2008 legislature and Minn. Stat. j§ 469.35 and 469.351, which give the Minnesota Department of Employment and Economic Development (DEED) authority to award Transit Improvement Area designation to land parcels in proximity of a transit station. The Transit Improvement Area Account was created as a loan program; however, the account is currently unfunded. Applications for designation are being accepted with the intent that designation will allow applicants to leverage and secure future financing or financing from other sources. ➢ A Transit Improvement Area must be located with '/z mile of an existing or proposed transit station associated with a designated Bus Rapid Transit, Light Rail, or Commuter Rail system, and must increase the effectiveness of a transit project by incorporating one or more public transit modes with commercial, residential, or mixed -use development and by providing for safe, pedestrian friendly use. On June 1, 2010, the Eagan City Council authorized preparation of a Transit Improvement Area application for the Cedar Grove Redevelopment Area in association with the Cedar Grove Transit Station. A resolution from the City approving the application is required for submittal. Attachments: (2) Resolution approving application on pag o; . ➢ Draft Transit Improvement Area Designation application on pages4 through BFI RESOLUTION TRANSIT IMPROVEMENT AREA DESIGNATION APPLICATION EAGAN CITY COUNCIL WHEREAS, The Transit Improvement Area Account was established by the 2008 Minnesota State Legislature and gives the Minnesota Department of Employment and Economic Development (DEED) authority to award Transit Improvement Area designation to land parcels in proximity of a transit station. WHEREAS, On June 1, 2010, the Eagan City Council authorized preparation of a Transit Improvement Area application for the Cedar Grove Redevelopment Area in association with the Cedar Grove Transit Station. THEREFORE, BE IT RESOLVED that the City of Eagan has approved the Transit Improvement Area Designation application submitted to the Minnesota Department of Employment and Economic Development (DEED) on July 6, 2010, by the City of Eagan for the Cedar Grove Transit Station. BE IT FURTHER RESOLVED that the city of Eagan has approved the Transit Improvement Area plan described by the City of Eagan in the application on July 6, 2010. Signed: Title: Date: Witnessed by: Title: Date: Authorized Official a, POSITIVELY me ��A. Department of Employment and Economic Development TRANSIT IMPROVEMENT AREA DESIGNATION APPLICATION COVER PAGE Applicant (Public Entity): City of Head of Applicant Agency: Applicant Address: 3830 Pilot Knob Road City: E Project Contact Person for Public Entity: Jon Hohenstein Phone: 651- 675 -5653 Mailing Address: 3830 Pilot Knob Road City: Zip Code: 55122 Email: jhohenstein(:c�cityofeagan.com Zip Code: 55122 Application Author /Preparer: Rebecca Kurtz, Ehlers & Associates, Inc. Phone: 651- 697 -8516 Mailing Address: 3060 Centre Pointe Dr. Email: rkurtz a ehlers- inc.com City: Roseville Zip Code: 55113 4 �3 SITE INFORMATION 1. Name of Transit Station (or plan /project name, if applicable): Cedar Grove Transit Station Name of Transit Line on which the station is or will be located: Cedar Avenue Transitway Is the transit line operational? If not, provide the expected operating date: Yes, seven routes currently operate through the station, with an express service to the U of M scheduled to start in September, 2010. Full BRT transit service to commence in 2012. Station Address: 4035 Nieols Road, Eagan, MN City: Eagan Zip Code: 55122 Acreage of proposed Transit Improvement Area: 90 acres If applicant is a city, what form of government is it? Horne Rule Charter X Statutory City Minnesota Legislative District Number: 38 A (Please note: The Minnesota Legislature has a tool to look up legislative district numbers. You must have the precise address and know the zip code of the site.) htto : / /www.Lis.le,,.mn/manserver /districts /index.hrntl �5 2. Please describe in detail the project for which Transit Improvement Area designation is being sought. Specifically address the current land uses and range of employment opportunities available within the area. How will implementation of the Transit Improvement Area plan change the area'? What does the Transit Improvement Area plan propose for the future? The Cedar Grove Transit Station is an integral part of the City of Eagan's redevelopment of he former Cedarvale shopping area located in the southeast quadrant of Highway 13 and Cedar Avenue. The main goal of the redevelopment is to create a walkable new urban community with easy access to mass transit in a viable and vibrant mixed -use development that will re- establish the area as one of the attractive gateways to the community. The Cedar Grove Redevelopment represents the opportunity to implement a true Transit Oriented Development from the ground up, one of the few locations in the region to offer that opportunity. In 2003, the City and EDA created a Redevelopment Area and TIF District to reposition Cedar Grove as a market - supportable and sustainable high density mixed -use residential and commercial development that will be both a neighborhood and destination for the broader community. The City's vision is to make this once vibrant area a strong, vibrant gateway to the City by creating a viable mixed -use area that utilizes its highway visibility and accessibility, while maintaining compatible land use relationships with surrounding areas. Among the list of goals for the Area is to revitalize the area as a gateway to the City; improve traffic access and circulation; incorporate new urban development, including a pedestrian focus, transit opportunities and public green space; and protect the long term vitality of the Area. Since redevelopment of the Area began, the City has invested significant effort to create a foundation for future development, including major road and utility improvements, acquisition and demolition of property, and environmental review. The City is currently working with private development partners on several first phase projects for the Area, which are expected to include a hotel, restaurant, and rental housing development. The Cedar Grove Transit Station is already an asset to the Area, and will increase in importance as the development moves forward. The transit service plan currently includes seven routes with nearly 200 daily local bus trips with connections throughout the Minnesota Valley Transit Authority's (MVTA) cities as well as regional connections at the Mall of America Transit Station. Express service is anticipated to evolve over time, and direct service to the University of Minnesota is anticipated to begin in the fall of 2010. Future Cedar Grove development will depend on market conditions; however, it is anticipated that over time a mix of rental and owner occupied housing for a range of income levels will be developed along with commercial /retail and potentially office space. The redevelopment of the area will bring in new residents and employment 6 415- opportunities. Numbers will depend on the density of the housing and the types of commercial and /or office development in the area. 3. Has station area planning been completed and adopted for the Transit Improvement Area? If yes, attach it to the application. If not, has it been initiated? Describe the level of station area planning to be completed (le. vision, conceptual or detailed). Has the necessary zoning been adopted to accomplish this plan? Station area planning has been completed and adopted for the Transit Improvement Area, and the Cedar Grove Transit Station began operations on March 20, 2010. Currently the Station includes 164 parking spaces, a passenger waiting area, and bike lockers. Seven routes are severed by the station with nearly 200 daily trips with connections throughout the MVTA's cities as well as regional connections at the Mall of America Transit Station. It is anticipated that direct service will continue to grow over time, as evidenced by direct service to the University of Minnesota beginning in the fall of 2010. 4. Attach an accurate and legible map showing locations of the transit station and other relevant site features discussed in the Transit hnprovement Area plan. Maps must indicate the following: a. The location of the transit station b. The Transit Improvement Area boundary and distance from the transit station (must be within a'' /z mile radius) c. The existing or proposed transit line d. A north arrow e. A bar scale f. If available, the proposed site plan (with labeled structures) for the area. * The inclusion of photographs is also recommended. H 47 o l � P11 )ime4-X3ejj3-- Li in) C/L: PH uqeH 71 - EAGAN 14 � O ®' on LO N 0 mac= t- �3 Q c U) 0 F- of j O F' C7 C F m ° C5 H U > Q? m U a3 a �c 'a O` V d U C C tm Q J a E� 0 Q CO N ++ C 'y cC H H > � O w to O O � G ac» b R' �J t� � � t � r ..d z: -x r� Y s�. �4 1 t 1 r I y ;. P� j .' r }1'' ! � I.. df�ii �•J. Yr 1 !, ' tva AA t IL '1 .'Al �'tr,a _ .. r �y' "- F "'r � /�jy �`•j tT��l'�� w �� -��i �- r�� 1 ' ��I _ � t �� •,� C E if a$!N it fti! �v COD _ � J .v—� fir•...: 1t Y p �-q L ^E^, _ (D O O cn E f ✓I ^ }' Y N i � c�a O U) N p >L 41 CL O - _ I- (D 1z _ a N C) o O � x W m Cl. w H M H C cz Q (0 N C N Q c O j o a) O N al N > O` a tQ a U -) 1 PO ti.: t- O is O f— m in t_ j o (n w t0 c £_ m a � �- O U O > t6 £U a O Q rn O CL � co Q7 CJ � C a U d d J L ^E^, _ (D O O cn E f ✓I ^ }' Y N i � c�a O U) N p >L 41 CL O - _ I- (D 5. Provide an analysis of the demographic characteristics of the people anticipated to use the transit station. What currently composes this population in terms of age, race, income, employment, and household type? How will the composition differ by 2030? Is this population projected to grow? What is the source of this data? The Cedar Grove Transit Station will be a central location for residents to access local, express and station -to- station transit services. As forecast in the 2010 Cedar Avenue Implementation Plan Update Report (draft), the Cedar Grove Transit Station will generate approximately 900 trips by 2012 when new BRT station -to- station service commences. Projected ridership forecasts were developed using the Metropolitan Council's travel demand model, estimating the anticipated ridership within Cedar Avenue Transitway between the South Loop District (Bloomington), and the Cities of Eagan, Apple Valley, and Lakeville. According to the most recent market study for the Cedar Grove Area, the Area had approximately 19,800 people age 65+ in 2000, and this is anticipated to grow to about 28,000 (a 41% increase) in 2010. In 2006, the median household income was estimated to be $77,368. By 2011, it is projected to climb to $84,504 (9.2% increase). According to their results, as the site continues to redevelopment it will appeal mostly to the multifamily housing market, especially younger and older households. The site's primary appeal will be to young singles and couples (ages 25 to 34), middle -age households without children (ages 35 -44), and empty nesters and young seniors (ages 65 +). In the future, the population of people 55+ is projected to significantly increase. Wif LAND USE 6. Provide a description of the ownership and intended use of public and private facilities, including infrastructure, buildings, parks and other structures to be constructed in the Transit Improvement Area. Address the percentage of each use (residential, commercial, public, etc.) and if available, attach the adopted zoning map that illustrates these changes. Describe any efficiency in infrastructure resulting from these improvements. The proposed Transit Improvement Area is located within the core redevelopment plan for Cedar Grove. The City has identified a Master Developer for the site and it is anticipated that property acquired by the City's Economic Development Authority will be transferred for development to third parties. The conceptual plan identifies a first phase 30 acre area of mixed use commercial on the east end anchored by a hotel and two existing commercial businesses, a 250 -300 unit rental apartment facility, and a 150 -175 unit senior housing development. The plan intentionally preserves and maximizes the flexibility of the west end to accommodate future development as market conditions warrant. The plan shows the area will be served by two main public internal roads (Cedar Grove Pkwy and Cedar Grove Blvd) and public and private trail connections as part of the overall plan. The conceptual plan also reserves a (2) two acre public park amenity to provide a public open space for the first phase development. In addition, a new trail connecting the existing Woodhaven Park is planned in partnership with a Dakota County CDA Redevelopment Grant that will serve the development and Transit Improvement Area and leverage existing park and recreation space. 10 6l 7. Provide a description of the pedestrian - friendly improvements and amenities to be provided in the Transit Improvement Area, including walkways, parkways, signage, streetscape, etc. One of the main goals of the Cedar Grove Redevelopment Area is to provide a pedestrian friendly, walkable, new urban development. As part of its general zoning, the redevelopment area adopted use and design standards that promote vertical mixed -use, higher density, buildings close to street, parking areas to rear, small block and internal street connections intended to enhance pedestrian friendliness. The area also connects to numerous City trails from Nicols Rd and Cedar Grove Pkwy to and Regional Trails along the Minnesota River. A new trail connection Woodhaven Park will soon be constructed to serve the area and leverage existing park and recreation amenities. As the Cedar Grove Area continues to redevelop, additional pedestrian friendly streetscape, lighting and signage with be encouraged. 11 6m Please describe how the redevelopment or development of the Transit Improvement Area promotes higher density land uses resulting in increased transit ridership. In addition, complete the following table indicating higher density land uses. The proposed Transit Improvement Area contains the anticipated main core redevelopment property that will provide the highest residential density and job creation within the development. Although development is still pending and dependent on market conditions, both market demand studies and environmental /traffic review planning anticipate growth estimated below. To date, most of the core area has been acquired and cleared, therefore anticipated percent change would be measured from near zero. 12 5 `3 2010 / Current Est. 2030 / Future Projection Percent Change Transit Improvement Area Population 100 1,400 Total number of permanent FTE jobs 10 300 within Transit Improvement Area Total number of housin(, units within 62 800 Transit Improvement Area 12 5 `3 9. Describe any other factors (design elements, community outreach, bicycle facilities, tc.) in the proposed development intended to increase transit ridership. Several items have been addressed in the Transit Improvement Area to increase transit ridership: • The exterior of the Transit Station displays regional Kasota stone for a warm, golden hue to the building. • Ceramic in the restrooms includes 40 percent recycled content. • The site will be home to native Minnesota vegetation, including trees, grass and wildflower species, designed to reduce carbon emissions from mowing. • The Transit Station was constructed on a former brownfield site. • LED accent lights, which follow the roof -line, have changeable colors. • Burnished block and low volatile organic compound paints were used to improve the indoor air quality. • The building uses geothermal heating and cooling. • Bike racks and bike locker are located at the Cedar Grove Transit Station. • The Area connects to numerous City trails from Nicols Rd and Cedar Grove Pkwy to and Regional Trails along the Minnesota River. In addition, the following items are planned as the Area continues to redevelop: • Plans anticipate that the Transit Station will be a future connection to the center - running BRT. • An additional 550 park and ride stalls are planned at the Cedar Grove Station between 2020 and 2030 to accommodate anticipated transit ridership demand. • Directional signage to lead people to the Transit Station and other area amenities • Public art • Expanded and enhanced trails and sidewalks to connect pedestrians to the Transit Improvement Area and to link pedestrians to other area trail systems, including Woodhaven Park, Fort Snelling State Park and the Minnesota River Trails o Public green spaces and enhanced landscaping o Park areas with street furniture and playground facilities o Enhanced street lighting for pedestrian safety 13 0� FEASIBILITY 10. What is the anticipated cost of implementing the Transit Improvement Area plan? Do not include costs associated with building or operating the transit station or transit service. Local Public Funds Source Dollar Amount Intended Use of Funds Date Applied Date Secured Tax Increment Financing Land acquisition 2001 2002 (Cedar Grove TIF District) Contamination investigation Department of Tax Increment Financing Land acquisition and Various Various Pooled Funds $50,000 infrastructure improvements 10/2007 and Economic Development Contamination within core redevelopment Development Private Funds Source Dollar Amount Intended Use of Funds Date Applied Date Secured Regional, State & Federal Funds Dollar Amount Intended Use of Funds Date Applied Date Secured MN Contamination investigation Department of MN Department of and response action plan Employment Employment and Economic $50,000 development for clean -up 10/2007 and Economic Development Contamination within core redevelopment Development Investigation Grant area of Cedar Grove. Contamination Investigation Grant _ Assist with demolition of (7) Dakota County Dakota County CDA seven structures within the CDA Redevelopment Incentive $250,000 core Cedar Grove 12/2008 Redevelopmen Grant Pro�nam Redevelopment Area t Incentive Grant Program (1) Demolition of a former laundry and restaurant to make way for new Dakota County Dakota County CDA construction; (2) Installation CDA Redevelopment Incentive $250,000 of a pedestrian trail from 12/2009 Redevelopmen Grant Program Cedar Grove Parkway to t Incentive Woodhaven Park; and (3) Grant Program Performing site and utility work in preparation for a future apartment project. 14 12. Please describe the Transit Improvement Area's linkages to existing and proposed local, regional, and state transit systems. If available, include maps that illustrate these linkages. The Transit Improvement Area is located in the southeast quadrant of the intersection of Cedar Avenue and Highway 13. The service plan for the Cedar Avenue Transitway currently includes seven routes with nearly 200 daily local bus trips with connections throughout the Minnesota Valley Transit Authority's (MVTA) cities as well as regional connections at the Mall of America Transit Station. Express service is anticipated to evolve over time, and direct service to the University of Minnesota is anticipated to begin in the fall of 2010. The Cedar Grove Station Station provides access to the Cedar Avenue Transitway. The Cedar Avenue Transitway does connect to two Hiawatha LRT stations, the Mall of America and the 28`x' Station Park and Ride. In addition, the Cedar Avenue Transitway provides connections to the Northstar Commuter Rail Service via the Hiawatha Transitway. When the Central LRT Corridor opens, additional connections can be made via the Hiawatha LRT or by BRT express bus service to downtown Minneapolis and the University of Minnesota. 15 54 2030 Cedar Avenue Transitway Vision Curb side Bus-Lane l�. 140th St Station t� 147th St Station Apple Valley Transit Station 161st St. Station Glacier Way Station i, Lakeville Cedar Station 195th St. Station t` 215th St. Station S_ 7 Legend Station Tyne T •sa cen�e� nn anal' de aim 'IValh -up S at. on o :nq ni s:anon- io- 5ta!�un se: v..ce t. %1 S pot? to Min. =eapohs 8 U of M En"es, Puses to �t Gaul Pus es Location of Transitway Stations envisioned for 2030 Legend 3 , Station Type: ZI ' Transit Center Numerous transfer opportunities andror park-and-ride with more than 400 spaces ` a F Park - and -Ride Station Park - and -ride with less than 400 spaces and limited transfer opportunities Walk -up Station No park -and -ride and limited transfer opportunities General routing of station -to- station service begining in 2012 General routing of station -to- station service longterm Pt 17 S�1 ►: `` kx u y 461 MOM- 17 S�1 ►: `` kx 17 S�1 2030 C011"e ibtual Ikpress andstat'oh,t ostat'on Ser 18 Sy COMMUNITY DEVELOPMENT 13. Transit Improvement Area plans with a residential component must propose a minimum of 12 residential units per acre or a density bonus that allows for an increase in the number of residential units over what it pennitted by the underlying zoning. 90 Acreage of Transit Improvement Area 800 Estimated Number of Residential Units (see description)__ Number of Units per Acre Provide a brief description of how the number of housing units was detennined. In addition, please describe the density bonus if applicable. The proposed area within core Cedar Grove Redevelopment attempts to inaximize intensity through special zoning uses and standards. Cedar Grove zoning standards encourage vertical mixed -use by allowing reduced /zero setbacks to right -of -way and a goal of maximizing flexibility in determining density. A revised AUAR for the area was completed in December 2009 and allows up to 1,100 residential units and 150,000 sq ft of office space within the core development area. Residential units shown above are realistic numbers based on Phase I planning and future development area estimates. However, because this is designed as a flexible mixed use area, the residential uses when separated will develop at approximately 20 units /acre. 19 EAR 14. Provide a description of the variety of housing types (ie. single- family, townhouse, condominium, etc.) and tenure (ie. rental, owner - occupied) currently present within the Transit Improvement Area. Include information pertaining to housing appropriate for low - income persons, disabled persons and senior citizens and provide the market values or rental rates for each housing type. How will the implementation of the Transit hnprovement Area plan alter the variety of housing by 2030? Currently the Transit Improvement Area contains a limited variety of housing types, and the number and types of housing is anticipated to expand as redevelopment of the area continues. Since the development of the TIF District, 62 townhome and condominium units have been developed southeast of the Transit Station, and 59 additional townhome units are being proposed. As the Cedar Grove Area continues to redevelop additional housing will be developed. The City is involved in discussions for a rental complex in the area and is pursuing the development of a senior living complex. The Plan for the Area also includes additional townhomes and multi- family homes in the area in future development phases. The City has also committed to a goal of 20% affordable units within the area. Approximately 700 rental apartment units are located adjacent to or just east of the proposed Transit Improvement Area and single family home are located to the south. In addition, Keystone, a 124 unit senior living complex is located just east of the area, and Lincoln Place, a 24 -unit building supporting young adults (18 -25), was recently completed within the redevelopment area as well. It is the goal of the City to incorporate a mix of housing in the area including market rate and low to moderate income as well as some work force housing. The Market Study projects that the area will appeal mostly to the multifamily housing market, especially younger and older households. The site's primary appeal will be to young singles and couples (ages 25 to 34), middle -age households without children (ages 35 -44), and empty nesters and ,young seniors (ages 65 +). 20 W 15. Please describe any proposed green spaces or public places to be developed in the Transit Improvement Area. The City's main goal for the Area is to create a walkable new urban community with easy access to mass transit in a viable and vibrant mixed -use development that will re- establish the area as one of the attractive gateways to the community. The conceptual plan reserves a (2) two acre public park amenity to provide a public open space for the first phase development. In addition, a new trail connecting the existing Woodhaven Park is planned in partnership with a Dakota County CDA Redevelopment Grant that will serve the development and Transit Improvement Area and leverage existing park and recreation space. 21 �(91, Agenda Information Memo July 6, 2010 Eagan City Council Meeting N. CONTRACT 08 -06 NORTHWOOD PKWY — 35E OVERPASS ACTION TO BE CONSIDERED: Approve the final payment for Contract 08 -06 (Northwood Pkwy — 35E Overpass) in the amount of $10,000.00 to Lunda Construction Company, and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 08 -06 provided for the extension of Northwood Parkway over I -35E, from Pilot Knob Road to Denmark Avenue, reconfiguration of the existing Northwood Parkway/ Denmark Avenue intersection with a roundabout, bituminous trails on both sides of Northwood Parkway, and decorative street lighting. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. M Agenda Information Memo July 6, 2010 Eagan City Council Meeting O. CONTRACT 10 -02, CITYWIDE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 10 -02 (Citywide Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: Contract 10 -02 provides for the street improvements of: o Lexington Parkview (City Project 1008) o Greensboro Addition (Project 10 18) o Thomas Lake Woods (Project 1020) o Overbill Farm (Project 1022) o Eagan Royale/ Safari Estates 2,d/ Safari 3`d & 4`h (Project 1023) o Oak Cliff 4th Addition (Project 1025) o Northview Meadows 2nd Addition (Project 1026) o Patrick Road (Project 1027) • On April 6, 2010, the City Council awarded the base bid for Contract 10 -02 for these improvements. • Change Order #1 provides for the removal and replacement of deteriorated catch basin structures in the Greensboro Addition (Prof. #1018) and in Thomas Lake Woods (Prof. #1022), and installation of drain tile in the Royale Way cul -de -sac (Prof. #1023) as needed to control groundwater in the street subgrade discovered during construction. • The change order provides for a total ADD of $14,974.38 (1.65% of original contract). The cost of the additional work will be the responsibility of the City's Major Street Fund. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. WE Agenda Information Memo July 6, 2010 Eagan City Council Meeting P. CONTRACT 10 -15- TRAFFIC SIGNAL PAINTING ACTION TO BE CONSIDERED: Receive the bids for Contract 10 -15 (City Owned & Maintained Traffic Signals — Painting /Reconditioning) and award the contract to Aerial Painting, Inc. for the Base Bid in the amount of $12,030.00, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 10 -15 provides for the reconditioning and painting of City -owned and maintained traffic signals located at the following intersections: o TH 149 and Northwest Parkway /Blue Gentian Road o Silver Bell Road and Cedar Grove Parkway /Cedarvale Blvd • On June 1, 2010, the City Council approved the 5 -year Capital Improvement Plan for Public Works Infrastructure, Part III (2011 -2015) and authorized the initiation of the public improvement process for the 2010 programmed improvements. • On June 2, 2010, bids were received for this project. A copy of the bid summary is enclosed. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The bid from Aerial Painting, Inc. has been reviewed by the Street Division and found to be the best value for the city and is in order for favorable Council action. ATTACHMENTS: • Location Map, page • Bid Summary, page 49 A I B I C D I E F I G I H I I J K L 1 EXHIBIT D 49k 1 2010 Traffic Signal Painting City of Eap - 2 3 � 3 a sep ,tee ,tee �oee ap�„Ae1 N _ Dale 5,18:10 Prepared by C :! Eagan - - 4 street Dept AE File I'`.. An— Tra icS,g- 1,P —ting 2010 6 Ei c 10 1 11 11 _ s 12 12 A B C D E F G H I J K L EXHIBIT B City of Eagan 2010 Traffic Signal Painting Bid Tabulation Contract Awarded to: Aerial Painting, Inc 3461 Kent St. Shoreview, MN 55126 (il PER UNIT PER UNIT Silver Bell Rd. @ Cedar Grove Pkwy. HILLER HILLER AERIAL AERIAL TOTAL QUOTE QUOTE QUOTE QUOTE MAST ARM POLES EA 4 $450.00 $1,800.00 $500.00 $2,000.00 SIGNAL HEAD (3 SECTION) EA 14 $150.00 $2,100.00 $110.00 $1,540.00 PEDESTRIAN HEAD (single) EA 6 $50.00 $300.00 $100.00 $600.00 MAST ARM (20 FT TO 55 FT LENGTH) LIN FT 165 $10.00 $1,650.00 $7.27 $1,199.55 LUMINAIRE POLE AND ARM (TYPE LD) EA 4 $150.00 $600.00 $150.00 $600.00 TOTAL EA 4 $150.00 1 $6,450.00 $150.00 $5,939.55 Contract Awarded to: Aerial Painting, Inc 3461 Kent St. Shoreview, MN 55126 (il PER UNIT PER UNIT TH 149 @ Northwest Pkwy /Blue Gentian HILLER HILLER AERIAL AERIAL TOTAL QUOTE QUOTE QUOTE QUOTE PEDESTAL POLES EA 2 $150.00 $300.00 $175.00 $350.00 MAST ARM POLES EA 4 $450.00 $1,800.00 $500.00 $2,000.00 SIGNAL HEAD (3 SECTION) EA 19 $150.00 $2,850.00 $110.00 $2,090.00 PEDESTRIAN HEAD (double counted as 2) EA 15 $50.00 $750.00 $110.00 $1,650.00 MAST ARM (20 FT TO 55 FT LENGTH) LIN FT 135 $10.00 $1,350.00 $8.82 $1,190.70 LUMINAIRE POLE AND ARM (TYPE LD) EA 4 $150.00 $600.00 $150.00 $600.00 TOTALI 1 $7,650.001 1 1 $7,880.70 GRAND TOTAL 1 $14,100.001 1 1 $13,820.25 Difference +$279.75 Contract Awarded to: Aerial Painting, Inc 3461 Kent St. Shoreview, MN 55126 (il Agenda Information Memo July 6, 2010 Eagan City Council Meeting Q. PROJECT 1033, CLIFF ROAD WATER MAIN IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 1033, (Cliff Road — Trunk Water Main Improvements) and schedule a public hearing to be held on August 2, 2010. FACTS: • The extension of the trunk water main system along Cliff Road between Lexington Avenue and Dodd Road was programmed for 2010 in the City of Eagan's 5 -Year CIP (2010 -2014) adopted and approved by the Council on June 2, 2009. At that same meeting, the Council also directed staff to prepare a feasibility report for this assessable public improvement located in southeastern Eagan. An informational neighborhood meeting will be held with the adjacent property owners, as well as a pre- design meeting with the private utility providers, prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Monday, August 1, 2010. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. i 1141 Agenda Information Memo July 6, 2010 Eagan City Council Meeting R. CONTRACT 09 -20, FIRE SAFETY CENTER/ STATION TRAIL STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Orders No. 1 and 2 to Contract 09- 20 (Fire Safety Center/ Station Trail — Site Grading & Utilities) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 09 -20 provides for the site grading, building pad preparation, and utility services, including sanitary sewer, water main, and storm sewer, for the Fire Safety Center as presented in a schematic design to the City Council on August 11, 2009. • On March 16, 2010, the City Council awarded the base bid for Contract 09 -20 for these improvements. • Change Order #1 provides for additional common excavation over the planned quantity of 43,000 cubic yards to remove unsuitable material from the building foundation area and road subgrade, at the recommendation of the on -site soils engineer to remove those soils and replace them with structurally sound material from the site. It also provides for additional excavation for the proposed monument sign footing, generator enclosure footing and transformer pad inadvertently omitted from the original contract bid items. • Change Order #1 provides for a total ADD of $8,445.60 (1.36% of original contract). The cost of the additional work will be the responsibility of the City's Fire Safety Campus Fund. • Change Order #2 provides for a change in storm sewer materials used to connect roof drains on the north and south sides of the fire safety center to the infiltration basins. It also provides for the connection of the building drain tile to these storm sewer lines to maintain uniformity inside and outside of the building, ensuring a water tight and permanent connection. • Change Order #2 provides for a total ADD of $2,111.33 (0.34% of original contract). The cost of the additional work will also be the responsibility of the City's Fire Safety Campus Fund. • These change orders have been reviewed by the Engineering Division and found to be in order for favorable Council action. tog Agenda Information Memo July 6, 2010 Eagan City Council Meeting S. APPROVE SCHWANZ LAKE RUNOFF - REDUCTION PROJECT JOINT POWERS AGREEMENT ACTION TO BE CONSIDERED: APPROVE Joint Powers Agreement with Gun Club Lake Watershed Management Organization to Implement Runoff - Reduction Project for Schwanz Lake. FACTS: • Governor Pawlenty signed legislation establishing the Clean Water Fund (CWF) on May 22, 2009; and Laws of Minnesota 2009, Chapter 172, Section 6 appropriated to the Board of Water and Soil Resources (BWSR) CWF funds, some of which are for competitive grants to local governments. • BWSR implementation of CWF funds is based on the Minnesota Constitution, Art. XI, Sec. 15, which provides that funds may be "spent only to protect, enhance, and restore water quality in lakes, rivers, and streams and to protect groundwater from degradation," and that "dedicated money under this section must supplement traditional sources of funding for these purposes and may not be used as a substitute." • To coordinate effectively water quality projects for Fiscal Year 2010 funding, BWSR used an interagency work team including the MN Department of Agriculture, MN Department of Health, MN Department of Natural Resources, MN Pollution Control Agency (MPCA), and BWSR to review and rank proposals submitted in late 2009. $2.5 million was allocated for Runoff Reduction Grants to local governments, which included watershed management organizations but not cities. • On behalf of the Gun Club Lake Watershed Management Organization ( GCLWMO), Eagan Water Resources staff submitted a proposed "Schwanz Lake Direct - Drainage Targeted Neighborhood Runoff - Reduction Project'for CWF funding. Of 167 projects the interagency team ranked, this proposal ranked 13 "i: The GCLWMO was awarded a $90,000 CWF grant. • The GCLWMOs "Schwanz Lake Direct - Drainage Targeted Neighborhood Runoff-Reduction Project'is a supplement to the City of Eagan's recent studies funded by a $90,000 MPCA grant and ongoing efforts to benefit Schwanz Lake via the Water Quality Capital Improvement Program. • The recent studies determined a 28 -acre neighborhood northeast of Schwanz Lake (only 4% of the watershed land area) contributes about 24% of the phosphorus entering the lake through direct stormwater runoff. This residential area was developed prior to Eagan's water quality requirements for stormwater pond `treatment"As a result of the studies, the City targeted this neighborhood for implementation of runoff - volume reduction and infiltration projects to reduce stormwater discharge to Schwanz Lake. • The ongoing collaborative efforts began in 2009 with an education campaign to increase resident awareness of the neighborhoods runoff impact on Schwanz Lake, to educate homeowners on practical landscape practices that reduce runoff, and to get community support for strategic placement of runoff-reduction projects (i.e.,'bioretentiod'rain gardens) in the public rights -of -way along neighborhood streets. In October 2009, the City constructed 10 such rain gardens along Golden Meadow Road and Stirrup Street. This summer, the City is building a second phase (another 10 rain gardens). This fall, the GCLWMO project would complete the third phase (final 10 rain gardens) of a cumulative effort that is estimated to reduce the neighborhoods runoff volumes by 65 %, total phosphorus by 72 %, and total suspended solids by 84 %. • Construction in 2010 will be more complicated than in 2009. More sites have buried utilities in proximity to necessary excavation areas, requiring`surgical'excavation and sub -soil loosening methods to maximize rain garden functioning. "Footpri nt'constraints and topography within relatively narrow rights -of -way also necessitate using retaining walls to maximize basin areas and temporary stormwater storage volumes. • In an attempt to measure the projects outcomes, the City installed a flow meter in the storm sewer discharge pipe to Schwanz Lake. Staff hopes to compare pre- and post- construction flow volumes to determine ultimate effectiveness of the 30 rain gardens. According to 2009 pre - construction measurements, this neighborhood discharges 125,000 to 145,000 gallons of untreated runoff in a typical 1 "rainstorm. ATTACHMENTS: Proposed Joint Powers Agreement, Pages L through / /J _7b ATTACHMENT #1 JOINT POWERS AGREEMENT BETWEEN GUN CLUB LAKE WATERSHED MANAGEMENT ORGANIZATION AND THE CITY OF EAGAN FOR IMPLEMENTATION OF A RUNOFF REDUCTION PROJECT FOR SCHWANZ LAKE This Joint Powers Agreement (Agreement) is made and entered into between the Gun Club Lake Watershed Management Organization (WMO) and the City of Eagan (City). WHEREAS, WMO and City are political subdivisions of the State of Minnesota (governmental units); and WHEREAS, under Minn. Stat. § 479.59, Subd. 10, one governmental unit may provide another governmental unit with services or functions it is authorized to provide for itself; and WHEREAS, the purpose of this Agreement is for the City to assist the WMO in the implementation of a State of Minnesota, Board of Water and Soil Resources (BWSR) Clean Water Fund Runoff Reduction Grant and to provide other administrative and technical assistance services for the WMO as provided in this Agreement. NOW, THEREFORE, the parties agree as follows: TERM. This Agreement shall be in effect as of the dates of the signatures of the parties, and shall continue until all services to be provided pursuant to this Agreement are satisfactorily completed and final payment is made, unless earlier terminated by law or according to the provisions of this Agreement. 2. SCOPE OF SERVICES. The City agrees to provide the WMO with grant and project administration to construct 10 bioretention basins near Schwanz Lake in Trapp Farm Park as detailed in the BWSR grant and project work plans and related documents attached as Exhibit 1. Construction of the project is to be undertaken by the City using its best efforts with construction to begin mid to late summer and completed mid to late fall 2010, weather and other circumstances permitting. 3. PAYMENT. The total amount to be paid by the WMO for all services provided pursuant to this Agreement for the Project shall not exceed $90,000, with a maximum amount of $4,500 for City grant administration costs. The WMO shall pay the City for the cost of City staff, consultants and contractors necessary to implement the approved work plan, attached hereto as Exhibit 1, upon submission by the City and auditing of invoices or payment requests by the WMO. Undisputed invoices or requests for payment or reimbursement by the City shall be audited and approved at the next WMO meeting. Any disputes involving payments shall be referred to the City Administrator of the City and Chair of the WMO for prompt disposition. 4. COMPLIANCE WITH LAWS /STANDARDS. The City and the WMO shall abide by all Federal, State or local statutes, ordinances, rules and regulations now in effect or hereafter adopted pertaining to this Agreement or to the facilities, programs and staff for which either is responsible. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota. All proceedings related to this Agreement shall be venued in the State of Minnesota, Dakota County. IO 5. INDEPENDENT CONTRACTOR STATUS. Nothing in this Agreement is intended or should be construed as creating the relationship of a partnership, joint venture or employer - employee relationship between the parties. Officers, employees or agents of one party shall not be considered officers, employees or agents of the other party. 6. SUBCONTRACTING. The City may enter into subcontract with consultants or contractors for the performance of the services contemplated under this Agreement and shall be solely responsible for the performance of its subcontractors or assignees unless otherwise agreed. LIABLE FOR OWN ACTS. The WMO agrees to defend and indemnify the City against any claims brought or actions filed against the City or any officer, employee, or volunteer of the City for injury to, death of, or damage to the property of any third person or persons, arising from the performance of services under this Agreement. Under no circumstances, however, shall a party be required to pay on behalf of itself and other parties, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for some or all of the parties may not be added together to determine the maximum amount of liability for any party. Minn. Stat. Ch. 466 and other applicable laws govern liability arising from a party's acts or omissions. Each Party warrants that they have an insurance or self- insurance program and that each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466. 8. AUTHORIZED REPRESENTATIVES. The following named persons are designated the authorized representatives of parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications and subcontracts, except that, the authorized representatives shall have only the authority, specifically or generally granted by its respective Board. Notification required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement. To City Eric Macbeth City of Eagan 3501 Coachman Pt Eagan, MN 55122 Telephone: 651 - 675 -5300 To GCLWMO Gerald Engelke Chair, GCLWMO 4420 Wilderness Run Ct Eagan, MN 55123 9. DEFAULT: FORCE MAJEURE. Neither party shall be liable to the other party for any loss or damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party's reasonable control, providing the defaulting party gives notice to the other party as soon as possible. Acts and events may include acts of God, acts of terrorism, vicar, fire, flood, epidemic, acts of civil or military authority, and natural disasters. 10. TERMINATION. This Agreement shall be terminated upon occurrence of one of the following events: a. Project Completion or December 31, 2011, whichever is later; or b. Earlier by consent of the parties. 11. DATA PRIVACY. All data created, collected, received, stored, used, maintained, or disseminated in the performance of this Agreement is subject to the requirements of the Minnesota Government Data Practices Act, Minn. Stat. Chapter 13 and the Minnesota Rules implementing the Act now in force or hereafter adopted as well as the Federal laws on data privacy. Each party shall be responsible under the MGDPA for the government data related to this Agreement within its possession. �a 12. RECORDS DISCLOSURE /RETENTION. Bonds, records, documents, papers, accounting procedures and practices, and other evidences relevant to this Agreement are subject to the examination, duplication, transcription and audit by each governmental unit and either the Legislative or State Auditor, pursuant to Minn. Stat. § 16C.05, Subd. 5. Such evidences are also subject to review by the Comptroller General of the United States, or a duly authorized representative, if federal funds are used for any work under this Agreement. Each governmental unit agrees to maintain such evidences for a period of six (6) years from the date services or payment were last provided or made or longer if any audit in progress requires a longer retention period. 13. MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing and signed by the authorized representatives of the parties. 14. SEVERABILITY. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. 15. FINAL AGREEMENT. This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are no representations, warranties, or stipulations, either oral or written, not contained in this Agreement. 16. EXHIBITS. Exhibit 1 is attached and incorporated into this Agreement: Exhibit 1 — BWSR Grant Approved Work plan and Budget IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. Approved as to form: Attorney /Date Approved as to form: GUN CLUB LAKE WATERSHED MANAGEMENT ORGANIZATION Chair Gun Club Lake WMO Date CITY OF EAGAN Attorney /Date By` Mayor Attest: _ City Clerk Date Date --�3 Agenda Memo July 6, 2010 City Council Meeting T. APPROVE Police Officer and Firefighter Sculpture Commission Agreement with Brodin Studios ACTION TO BE CONSIDERED: Approve a sculpture commission agreement with Brodin Studios to create two original bronze works of art for placement in the Eagan Veteran's Memorial in Central Park. FACTS: • On December 15, 2009 the City Council adopted a Resolution to support the concept of a memorial tribute to public servants and agreed to provide a location on city owned property to accommodate the memorial. Following a 30 day public comment period pursuant to the Art in Public Parks policy the Advisory Parks Commission closed the public comment period and made a recommendation to approve the concept plan presented by the Eagan American Legion and Eagan Lioness groups along with the preferred location identified within Central Park. • As part of the recent bonding bill this project was awarded a grant of $100,000 from the Department of Administration that is to be managed through the City of Eagan. • As part of the Eagan Veteran's Memorial in Central Park, two bronze statues are proposed to be commissioned at this time, one in the likeness of an Eagan Police officer holding the hand of a small child and the other, the likeness of a uniformed Eagan Firefighter. • It is intended that the Police and Firefighter sculptures will be joined by a third sculpture of a soldier at some point in the future which will be funded separately through the fundraising efforts coordinated by the Eagan American Legion and Eagan Lioness organizations. • The cost of the Police and Firefighter sculptures are included as part of the $100,000 from the state bonding bill from the Department of Administration. • The proposed commission agreement has been reviewed by the City attorney. ATTACHMENTS: Police officer and firefighter sculpture commission agreement on pages 7-5- 0 --�4 POLICE OFFICER AND FIREFIGHTER SCULPTURE COMMISSION AGREEMENT THIS AGREEMENT is made this day of 2010, between Brodin Studios, Inc., 503 East Highway 12, Litchfield, MN 55355, hereinafter referred to as ARTIST, and The City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, hereinafter referred to as BUYER. WHEREAS, BUYER desires to commission ARTIST to design and construct two original bronze works of art, one in the likeness of an Eagan Police Officer holding the hand of a small child and the other, the likeness of a uniformed Eagan Firefighter, hereinafter referred to as ARTWORK. It is intended that the Police and Firefighter sculptures will join a third sculpture of a Soldier and all three combined to become the "City of Eagan's Service Tribute and Memorial." WHEREAS, ARTIST desires to create the above mentioned ARTWORK; AND, WHEREAS, both parties wish the integrity and clarity of the ARTIST'S ideas and the quality and beauty of the ARTWORK to be maintained and protected; NOW, THEREFORE, the parties mutually agree upon the following: I. DESCRIPTION OF ARTWORK A. ARTWORK shall be created in a full life -size scale with standing figures approximately 74 -76" tall, exclusive of base, and shall be sculpted by hand using the "Lost Wax" method of bronze casting. ARTWORK shall be finished in an antique bronze patina, suitable for year- around exterior exhibition and shall be signed and dated by the ARTIST. B. A more detailed description of ARTWORK follows as Exhibit A. C. ARTWORK is intended as a tribute to honor and /or to memorialize the Police Officers and Firefighters of the City of Eagan Police and Fire Departments and shall accurately depict the uniform and equipment specified by the BUYER. ARTIST shall work as directed by the BUYER and be guided from photos and /or actual equipment provided by the BUYER. Both parties intend that the final sculpture be a composite sculpture representing both the artistic talent and experience of the ARTIST combined with the wishes and intended use of the BUYER. -75 D. ARTIST shall provide photos periodically that show progressive stages as the ARTWORK is being created and BUYER is invited to visit from time to time in person at the ARTIST'S studio and view the ARTWORK's progress upon reasonable prior notification. II. COMMISSION FEE BUYER shall pay ARTIST the sum of seventy thousand dollars and no cents ($70,000.00), plus applicable state and local sales tax, according to the schedule set forth in paragraph III below. Commission fees do not include the cost of a base, surrounding supporting structures and landscaping or installation. Shipping is provided by ARTIST at no cost. ARTIST shall be available for consultation as to the required dimensions and suggested materials for a suitable base and shall advise and give assistance on the installation of ARTWORK if requested by BUYER. III. PAYMENT SCHEDULE A. A down - payment of seven thousand dollars ($7,000.00), that represents 10% of the total commission fee, shall accompany the signed commission agreement, prior to commencement of the creation of the ARTWORK. B. Additional progress payments shall be paid from time to time as BUYER'S funds are available until the remaining sixty -three thousand dollars ($63,000.00), that represents 90% of the total commission fee is paid. C. BUYER shall be notified when the wax model of the ARTWORK is nearing completion and being readied to be sent to the foundry for casting into bronze. BUYER shall be notified two weeks in advance of the proposed actual start of casting and be sent photos of the wax ARTWORK and /or invited to travel to ARTWORK'S location for BUYER'S inspection and approval of wax parts before casting is started. D. it is hereby understood and agreed by both parties that the ARTWORK shall be finished and delivered on time by the date due in paragraph IV below, without respect to the percentage of the total commission fee then paid by the BUYER. IV. DELIVERY AND INSURANCE A. Delivery shall be scheduled on or about October 8th, 2010. BUYER'S installation is scheduled to be completed on or about October 10th, 2010 and BUYER'S unveiling and dedication ceremony is scheduled to be held on or about October 12th, 2010. It is understood and agreed by both parties that communication is important and must be made regularly by the ARTIST as to the progress of the creation of the ARTWORK and by the `-�4 BUYER as to the success of their fund - raising efforts and preparation for the dedication so adjustments in the above schedule (if needed) may be agreed -to and accomplished in a timely fashion. B. ARTIST shall be responsible for reasonable delivery/shipping costs. ARTIST shall crate the ARTWORK and advise BUYER of method of shipment and the approximate time of delivery. C. ARTIST shall be responsible for insurance coverage during the creation process and then responsibility for insurance coverage passes to BUYER upon delivery to the installation site. V. COPYRIGHT A. ARTIST shall retain the copyright on ARTWORK and all reproduction rights shall be expressly reserved. ARTIST copyright shall be clearly displayed on all reproductions and ARTIST shall be given a credit line in all editorial reference: ie. © 2010 Brodin Studios, Inc. All Rights Reserved. B. ARTIST hereby grants BUYER a limited license to make two - dimensional reproductions of ARTWORK for fund - raising purposes, including, but not limited to, advertising, publicity, catalogs and similar publications, provided that these rights are exercised in a tasteful and professional manner. ARTIST is available to create additional two and three - dimensional reproductions of ARTWORK upon BUYER'S request, terms of which shall be attached by addendum. C. ARTIST shall create several items to be used by BUYER for fund - raising, gifts to donors and for other purposes, the original creation of which shall be at no cost to the BUYER. Said items shall be available for sale to the BUYER according to the price list hereby attached as Exhibit B. VI. MAINTENANCE /REPAIR BUYER agrees that it will not intentionally destroy, damage or otherwise alter, modify or change ARTWORK in any way. All repairs and restorations shall be the responsibility of the BUYER; however, all such repairs made during the life of the ARTIST shall be done with his consultation and approval. ARTIST is available to travel to the location of the ARTWORK to provide cleaning and re- waxing periodically and will provide a complete refurbishing and new patina on site (if ever needed because of damage or other problems), terms of which shall be attached by addendum. VII. TITLE OF ARTWORK BUYER shall have the right to determine the official title of the ARTWORK, and shall inform ARTIST of such at the earliest convenience. VIII. MODIFICATIONS TO THE AGREEMENT Modifications to any section of this agreement must be made in writing, signed by both parties and attached as an addendum. 0 ARTIST /AGENT Signed this _ day of , 2010 M --7O BUYER /AGENT EXHIBIT A Detailed description of the Police Officer and Firefighter sculptures shall be at the direction and approval of the Chief of Police and the Fire Chief. The Eagan Police and Fire Departments have supplied numerous photographs to the ARTIST of suitable employee models to suggest the final pose and exact equipment to be used in creating the ARTWORK. One photograph of each model is included here as reference of all other model photographs. In addition, copies of all ARTIST'S in- progress photographs supplied to the Police and Fire Chiefs showing the creation process of the ARTWORK shall be available to BUYER at his request. Police Officer: ARTWORK shall be of a male Police Officer standing in a relaxed pose dressed in full Eagan City Police Officer street winter uniform, holding the hand of a female child who appears to be approximately 5 to 6 years old. Firefighter: ARTWORK shall be of a male Firefighter standing in a relaxed pose dressed in full turn -out fire gear with helmet on, but face mask off, holding a fire axe as prepared to enter a fire scene or having just exited from a building having battled a fire. _�9 EXHIBIT B ARTIST shall create the following items to be available to BUYER for sale at the prices noted: 1. Miniature Replica. $500.00 Replica shall include a miniature bronze figurine of the Police Officer and Firefighter sculptures (together with a third figurine of a Soldier in 1/121h scale) set in position on a mock -up of the Memorial circle with all the various parts of the larger Memorial copied in detail, flags, benches, memorial plaques, etc. mounted on a round walnut base. 2. Bronze Donor Plaque. $250.00 A bronze plaque in rectangular shape approximately 4" x 10" to be inscribed in raised lettering all information requested by donor. 3. Single Sculpture Miniature Replica Fieurines. $100.00 Bronze figurines of each of the three sculptures featured in the Memorial, the Police Officer, the Firefighter and the Soldier (in 1/12th scale), each individually mounted on a walnut base with brass name plate and optional department badge or other bronze medallion. 4. Bronze Coins (two- sided, 15/8" in diameter). $ Variable as below Coins shall show the Memorial scene and title and date on the front side and appropriate sentiments and lettering on the reverse side. The exact design of both sides is to be approved by BUYER and issued in the limited number to be determined by BUYER. Derivative designs may be created at the direction of the BUYER showing any one of the individual sculptures on the front side and appropriate lettering relative to the sculpture on the reverse side. Gold Plated Bronze Coins. $50.00 Silver or Nickel plated Bronze Coins $25.00 Bronze Coins (solid bronze, un- plated) $10.00 Optional "Coin- cards" (printed cardboard 3 %" x 6 ") may be ordered in which coins are mounted that have photo(s) and or printing explaining the Memorial project. Add $5.00 each. 5. Limited Edition Watercolor Posters (18" x 22 "). $10.00 Original artist watercolor rendering of over -all Memorial plaza scene made into a printed poster copied in the number determined by the BUYER. Each of the posters shall be signed by the watercolor artist and the ARTIST and numbered from 1 to the total number authorized in the edition. 1 an Agenda Information Memo July 6, 2010 IA- APPROVE GRANT APPLICATION FOR A 2010 -2011 MN GREENCORP MEMBER TO SERVE THE CITIES OF EAGAN AND BURNSVILLE ACTION TO BE CONSIDERED: To approve a grant application to the Minnesota GreenCorp program, requesting placement of a fulltime GreenCorp member in the cities of Eagan and Burnsville from September 2010 - August 2011. FACTS: Minnesota GreenCorps, coordinated by the Minnesota Pollution Control Agency (MPCA), began in September 2009. The program places AmeriCorps members with host organizations around the state to assist communities and local governments in addressing a variety of statewide needs, aiming to: • Reduce solid waste and increase recycling in Minnesota communities • Reduce greenhouse gases and other air pollutants • Reduce water runoff and improve water quality • Assist community members to take eco friendly actions o Train new environmental professionals The program is entirely grant funded, with no match required by the City. The City must provide in -kind staff support by providing supervision of the GreenCorp member. It is proposed that the application for a GreenCorp member be done in partnership with the City of Burnsville so that the two communities could "share" the GreenCorp member to work on issues such as the reduction of energy and green house gas emission, public outreach regarding sustainability efforts underway in the two cities (e.g. website improvements), and assistance with research and fact finding for the newly formed Eagan Energy and Environment Advisory Commission. • The application is currently being prepared, and is due to the MPCA on July 8, 2010. ATTACHMENTS: • There are no attachments. If any member of the Council would like to see the completed grant application (after July 8, 2010), please contact the City Administrator's office. I• Agenda Information Memo July 6, 2010 Eagan City Council Meeting V. CONSENT AGENDA: TELECOMMUNICATION ANTENNAE LEASE AGREEMENTS ACTION TO BE CONSIDERED: Approve Telecommunication Lease Agreements with Clear Wireless LLC for new antenna installations on the Yankee Doodle water reservoirs and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City has received applications from Clear Wireless LLC for the installation of wireless antennae and related ground support equipment on the Yankee Doodle water reservoirs • The applications and lease documents have been reviewed by the City's radio communication consultant, City Attorney's office and Public Works Department personnel and found to be in order for favorable consideration of Council consideration. M Agenda Information Memo July 6, 2010, Eagan City Council Meeting VII. NEW BUSINESS A. PLANNED DEVELOPMENT AMENDMENT — ANYTIME FITNESS ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for denial) a Planned Development Amendment to permit hours of operation between 5:00 a.m. and 12:00 a.m. (midnight) for a fitness center in a multi - tenant building located at 1012 Diffley Road, legally described as Lot 3, Block 1, Diffley Marketplace 2" d Addition. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: The property is zoned PD, Planned Development and contains an existing 10,000 s.f multi - tenant retail commercial building. The Diffley Marketplace PD restricts the hours of operation for commercial businesses to between 6:00 a.m. and 12:00 a.m. (midnight). The initial request was to permit a 24 -hour fitness center. Following the APC meeting, the applicant has modified the request and is now proposing a one hour earlier business start time -- 5:00 a.m. rather than 6:00 a.m. In other zoning districts, the standard limitations on hours of operation for retail business have not been applied to fitness centers of this type for reasons stated in the staff report. While the proposal requires an amendment to the specific conditions of the Diffley Marketplace PD, it is not necessarily inconsistent with City ordinances generally. The APC held a public hearing on April 27, 2010 to consider the requested amendment for 24 -hour operation, and recommended denial on a 5 -0 vote. ISSUES: During the public hearing, residents adjacent to the development raised concerns about traffic, glare from headlights, and existing impacts from site operations. Residents and the APC were also concerned that approval would create precedent for other businesses to expand their hours of operation. The property owner has submitted e -mail correspondence describing the work they have done since the APC meeting to address neighbor concerns, and modify the proposal. Additional correspondence from a neighbor was received after the APC meeting and is attached for your review. 60 -DAY AGENCY ACTION DEADLINE: Waived ATTACHMENTS (5): Location Map, page /� May 25, 2010, APC minutes, pageSY througgg Planning Report, pages n through p Correspondence from Owner modifying request, page N- Correspondence from neighbors, pageslt-L) through z• Location Map Map Area Extent 2i t� t_I { q q Sub'ect Site 1 Project Name: Anytime Fitness Request: Planned Development Amendment Case Nos.: 126- PA- 05 -04 -10 10�1 City of CaQah Feet 0 500 1,000 2,000 Legend Jolla Ili City Boundary Parcels Parks Buildings N 0 © �r111LMJ�m�n, • ® ®® `® MCI® ��5� ®� ®Op ®® �ial MEN �►® ®�e� � �mv� ®QCm ®se�°�� ®� o ♦ � ® ® ®p�; ee ®ep �mm�' ®mov-� �► r [yin �® / 1`� ��I�11111 ® � ® ®aos90000mmd0�o ©v ® ®�►� ®® Project Name: Anytime Fitness Request: Planned Development Amendment Case Nos.: 126- PA- 05 -04 -10 10�1 City of CaQah Feet 0 500 1,000 2,000 Legend Jolla Ili City Boundary Parcels Parks Buildings N 0 © �r111LMJ�m�n, • ® ®® `® MEN Project Name: Anytime Fitness Request: Planned Development Amendment Case Nos.: 126- PA- 05 -04 -10 10�1 City of CaQah Feet 0 500 1,000 2,000 Legend Jolla Ili City Boundary Parcels Parks Buildings N Advisory Planning Commission May 25, 2010 Page 3 of 8 V. PUBLIC HEARINGS A. Anytime Fitness Applicant Name: Anytime Fitness Location: 1012 Diffley Road; Lot 3, Block 1, Diffley Marketplace 2nd Addition Application: Planned Development Amendment A Planned Development Amendment to allow a 24 hour fitness facility. File Number: 26- PA- 05 -04 -10 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated May 19, 2010. She noted the background and history. Joe Longueville, Anytime Fitness, introduced himself and the proposed business. He explained that Anytime Fitness' are typically open 24 hours. He stated overnight use of the facility is minimal but must be available. He discussed the security system including cameras in and outside of the facility. John Trautz, Reliance Development, stated Anytime Fitness is not a retailer but does provide a convenience and explained the need for 24 hour operation. He explained that a 24 hour facility works well in a retail environment and that such a use would not change the operation of the site. Member Supina discussed the following statement in the staff report: "less than 4% of members use the club between midnight and 5:00 a.m." He stated only a few people would be using the club during the overnight hours. Chair Chavez opened the public hearing. Tom Kukulski, 997 Trillium Court stated concern with the overnight hours of operation and stated there is no compelling business reason to allow 24 hour operation, and with residential so close, any increase in intensity should not be allowed. He stated the Diffley Marketplace standards should also apply to this application. Karyn Entzion, 977 Trillium Court agreed with Mr. Kukulski and stated concern about setting a precedent for other business to make a request for 24 -hour operation. She also stated that the headlights from vehicles entering from Diffley Road would shine into her home. Chris Neumann, 981 Trillium Court inquired about notification of surrounding residents. He stated the developer of Diffley Marketplace worked with the residents to accommodate concerns and the limitations on hours of operation were based on that. He stated this would be a deviation from that plan and will cause noise and light pollution. Lisa Kos, 1068 Ticonderoga Trail stated she is in favor of the proposal and that Anytime Fitness is convenient and provides a nice affordable service. Steven Namyst, 957 Trillium Court stated concern for increased traffic. Dave Fabry, 973 Trillium Court stated concern for the existing problems that include employees 04 4 Advisory Planning Commission May 25, 2010 Page 4 of 8 smoking, rubbish removal and parking lot maintenance during late hours. There being no further public comment, Chair Chavez closed the public hearing and turned the discussion back to the Commission. Planner Dudziak stated public notification is sent to residents within a 350 foot radius. Chair Chavez explained that the Advisory Planning Commission can only consider the application before them, and cannot address operational site issues such as light pollution from headlights or parking lot maintenance. Member Filipi stated at the time of the Diffley Marketplace Planned Development, the hours of operation were restricted to satisfy concerns of neighbors. He stated he will vote against the proposed, honoring the original Diffley Marketplace Planned Development agreement. Member Supina stated the Advisory Planning Commission could consider applying conditions to make the proposed acceptable. He stated berming or screening could alleviate the concerns about headlights. He stated the proposed use would not generate any more traffic than what would normally be expected in the area considering the few people using the facility during the overnight hours. He stated concern for setting a precedent. Member Piper agreed with Member Supina and stated conditions could be applied to accommodate the concerns, except for the precedent and the deviation from the original agreement. Member Supina suggested a condition be added to address the screening of homes from headlights in the parking lot. Assistant City Engineer John Gorder stated the developer added as much screening as possible during the original Planned Development. He explained that there is a trail present in that location which additional screening may block. Member Supina moved, Member Filipi seconded a motion to recommend approval of a Planned Development Amendment to permit a 24 -hour fitness center in a multi- tenant building located at 1012 Diffley Road, legally described as Lot 3, Block 1, Diffley Marketplace 2nd Addition, subject to the following conditions as amended: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. The facility should have a phone for emergency calls that is easily accessible to patrons and located in the workout area. 3. Screening shall be added at the space between two retail buildings to reduce headlights on neighboring homes, as acceptable to Staff. A vote was taken. Aye: Members Supina. Nay: Chair Chavez, Members Filipi, Piper, and Jansma Motion failed 1 -4. Member Filipi moved, Member Supina seconded a motion to recommend denial of a Planned eq Advisory Planning Commission May 25, 2010 Page 5 of 8 Development Amendment to permit a 24 -hour fitness center in a multi- tenant building located at 1012 Diffley Road, legally described as Lot 3, Block 1, Diffley Marketplace 2nd Addition. Reasons for denial are the proposal would be a deviation from the original Planned Development agreement and concern that approval would set a precedent. Member Piper stated he is not concerned for setting a precedent, however he is concerned that the original Planned Development agreement is not being followed. All voted in favor. Motion carried 5 -0. REPORT DATE: May 19, 2010 PLANNING REPORT CITY OF EAGAN CASE: 26- PA- 05 -04 -10 APPLICANT: Joe Longueville, Anytime Fitness HEARING DATE: May 25, 2010 PROPERTY OWNER: Diffley Ventures, LLC REQUEST: Planned Development Amendment LOCATION: 1012 Diffley Road APPLICATION DATE: April 21, 2010 PREPARED BY: Parnela Dudziak COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to permit a 24- hour fitness center in a multi - tenant building located at 1012 Diffley Road, legally described as Lot 3, Block 1, Diffley Marketplace 2 °`r Addition. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 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 mernbers of the council. 2. The Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the advisory planning commission for its consideration and recommendation. BACKGROUND /HISTORY The Diffley Marketplace development was approved in 2007. A grocery store and two multi - tenant retail buildings were constructed in 2008. EXISTING CONDITIONS The building is located in the middle of the Diffley Marketplace development which in addition to the subject site includes a Cub Foods grocery store, and another multi- tenant retail building. • Planning Report — Anytime Fitness May 25, 2010 Page 2 Two vacant lots for future development lie east of the subject site. Access to the development is provided from Diffley Road, Daniel Drive, and Lexington Avenue via the adjacent property to the west. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Description of Proposal - Anytime Fitness is requesting an amendment to the conditions of the Planned Development to permit 24 -hour operation of a 3,800 s.f. fitness center in the easterly multi- tenant building. Anytime Fitness is locating in the tenant space adjacent to the Dunn Bros. coffee shop. The proposal for the 24 -hour operation is limited to this one business, and would not apply to the entire PD generally. The narrative submitted by the applicant indicates that Anytime Fitness is a "member only fitness studio providing 24 hour access to exercise equipment and facilities for all paid members." Members have a security card that pen-nits entrance to the facility. Anytime Fitness anticipates 600 -800 members at this location who would have access to the facility via a security card. Compatibility with Surrounding Area — The existing development is adjacent to Diffley Road and is part of a larger commercial retail area. To the north is a school, and to the south is single - family residential. Code Requirements — City Code (Sec. 11.70, Subd. 14) limits the hours of operation of "any retail business, any restaurant or any motor fuel station" within 200 feet of a residential use. The Diffley Marketplace PD limits on the hours of operation of commercial businesses to between 6:00 a.m. and 12:00 a.m. (midnight). At the time of this Planned Development approval, the tenants that would occupy the two multi- tenant buildings were unknown. Evaluation — Usage statistics provided by Anytime Fitness indicate most members visit between 5:00 a.m. and 5:00 p.m. Staffed hours vary by location. The submittal indicates staffed hours in this location are expected to be Monday — Thursday 9:30 a.m. to 6:30 p.m., Friday 9:30 a.m. and 5:00 p.m., and Saturday 9:00 a.m. — 12:00 p.m. (noon). During non - staffed hours, members can still access the club via their member card. The information submitted by the applicant indicates that less than 4% of members use the club between midnight and 5:00 a.m. qu Existing Use Zoning Land Use Designation North School PF, Public Facilities QP, Quasi - Public South Single- family residential PD, Planned Development LD, Low Density East Retail Commercial PD, Planned Development RC, Retail Commercial West Retail Commercial PD, Planned Development RC, Retail Commercial EVALUATION OF REQUEST Description of Proposal - Anytime Fitness is requesting an amendment to the conditions of the Planned Development to permit 24 -hour operation of a 3,800 s.f. fitness center in the easterly multi- tenant building. Anytime Fitness is locating in the tenant space adjacent to the Dunn Bros. coffee shop. The proposal for the 24 -hour operation is limited to this one business, and would not apply to the entire PD generally. The narrative submitted by the applicant indicates that Anytime Fitness is a "member only fitness studio providing 24 hour access to exercise equipment and facilities for all paid members." Members have a security card that pen-nits entrance to the facility. Anytime Fitness anticipates 600 -800 members at this location who would have access to the facility via a security card. Compatibility with Surrounding Area — The existing development is adjacent to Diffley Road and is part of a larger commercial retail area. To the north is a school, and to the south is single - family residential. Code Requirements — City Code (Sec. 11.70, Subd. 14) limits the hours of operation of "any retail business, any restaurant or any motor fuel station" within 200 feet of a residential use. The Diffley Marketplace PD limits on the hours of operation of commercial businesses to between 6:00 a.m. and 12:00 a.m. (midnight). At the time of this Planned Development approval, the tenants that would occupy the two multi- tenant buildings were unknown. Evaluation — Usage statistics provided by Anytime Fitness indicate most members visit between 5:00 a.m. and 5:00 p.m. Staffed hours vary by location. The submittal indicates staffed hours in this location are expected to be Monday — Thursday 9:30 a.m. to 6:30 p.m., Friday 9:30 a.m. and 5:00 p.m., and Saturday 9:00 a.m. — 12:00 p.m. (noon). During non - staffed hours, members can still access the club via their member card. The information submitted by the applicant indicates that less than 4% of members use the club between midnight and 5:00 a.m. qu Planning Report — Anytime Fitness May 25, 2010 Page 3 h1 recent years, the City has seen more small fitness centers locating within tenant spaces in neighborhood strip retail centers. Because access to these facilities is limited to members only, and late hour traffic is minimal, the level of activity during overnight hours is less than a typical retail use would experience and the entrance to the facility is on the opposite side of the building fi-om the residential uses. As such, the standard limitations on hours of operation for retail business have not been applied to fitness centers of this type. The proposal has been reviewed by the City's Crime Prevention Specialist who suggests that the facility should have a phone for emergency calls that is easily accessible to patrons and located in the workout area, not tucked behind a desk or in an employee -only area. SUMMARY /CONCLUSION Anytime Fitness is requesting approval of a PD Amendment to allow a 24 -hour fitness facility in a neighborhood retail center. The Diffley Marketplace PD restricts the hours of commercial businesses to between 6:00 a.m. and 12:00 a.m. (midnight). The City has not typically applied the restriction on hours of operation for retail businesses to fitness centers such as this because the level of activity is lower than would be experienced with a typical retail use, access activity occurs on the opposite side of the building from the residential uses and the actual use is totally contained within the building. While the proposal requires an amendment to the specific conditions of the Diffley Marketplace PD, it is not necessarily inconsistent with City ordinances generally. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to pen-nit a 24 -hour fitness center in a multi- tenant building located at 1012 Diffley Road, legally described as Lot 3, Block 1, Diffley Marketplace 2 "d Addition. If approved the following conditions shall apply: An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. The facility should have a phone for emergency calls that is easily accessible to patrons and located in the workout area. 4i Location Map Project Name: Anytime Fitness Request: Planned Development Amendment Case Nos.: 126- PA- 05 -04 -10 City of Eap qa Feet 500 1,000 2,000 Legend Julia �att d City Boundary Parcels Parks Buildings N Current Zoning and Comprehensive Guide Plan Land Use Map Anytime Fitness PD Amendment 26- PA- 05 -04 -10 e� � ��°tee c�� ...r'y7 �y ♦�i11r� Q4 7 {� Ll E•yw�� G� k r • 1r 1 < ■ eta` ©HIS �C�PGc� : ��b� ��►�i''L•' M IN � ®v � ONE- arJfil[ti11�� z wl a G7ri 6■rg:rr2� ©� ��;D ae : NANFeI S fi7fil lt7a� • ark claw MISS a kTfTr7 r �o r000G��i�,; n ° aaj n■ir > h7rr awn; � ©��7��dE ©�' ©�' IMF NA — • F/2 011 1 MEN111 M., — • •+1�f ,t1 1.11 NO • `Oc ■ � ©�� 111 Y �o�® ©dam : �al 11 1221 L Bills »' Ens arl : N ■fl a+imw a, ; i■fil g �lrrl 6�a7 E • r� • •: �' =N■ni:renra i� ®:��GQL�r��Gr ®�C,.: �V71-W -In . ♦nom► �� p ME § /. � .. } � ] \ �� LU C) >- < Z LU ZE LL LL LU o --1 < LU - - - - - - - - - - - - - - - - - - - - - - - --------------- - - - - -- - -- z C) U ------------- - - - - - - - p I � I �I it � _ __ -__� O O IF - - - -- - - - - - - - - - - - - --------- - ------ -------------- Fa 0 • LL 0 • Z • < Ogg 4 ra SITE PLAN O as p. 4 ra SITE PLAN O as Description of Planned Development Amendment Applicant respectfully requests Planned Development Amendment to allow 24 hour access for the members of the proposed 3,800 sq. ft. Anytime Fitness studio in the shopping center located at 1012 Diffley Road. Eagan, MN. Anytime Fitness is a member only fitness studio providing 24 hour access to exercise equipment and facilities for all paid members. Only members can enter the premises by means of a security card (please see attached testimonial). It is anticipated that this studio will have 600 -800 members who will use the facility during hours consistent with the attached "Usage Statistics" chart. Existing land uses within 660 feet of the property include: commercial uses (including grocery food services and retail), residential, planned development, school, church, and park. The Planned Development Amendment will have no impact on the surrounding uses and land because the requested use is compatible with and contained within the Diffley Marketplace shopping center environment. There will also be no additional impact on the subject property as the use is consistent with the general intent of the planned development. With the addition of an Anytime Fitness studio, operation of the property is unchanged. There will be no additional impact on city services as Anytime Fitness is consistent with the original intended use of the property. The proposed Planned Development Amendment is minor so it does not change the use of the land. Public Benefit of Proposed Planned Development Amendment An Anytime Fitness studio located at Diffley Marketplace will provide an additional fitness and recreational option that is convenient for consumers in the City of Eagan. qte Usage Statistics While Anytime Fitness members appreciate round - the -clock convenience, only a small percentage of those members workout during the early morning hours. Most members visit our clubs between the hours of 5:00 a.m. and 5:00 p.m. Many of the hours in this time block tend to be staffed. During staffed hours, members can interact with club staff, including personal trainers, member service representatives, and club owners /managers. The chart below illustrates the typical usage pattern at three clubs in our franchise family: 1400 1200 1000 v 800 v a > 600 v E 0 400 200 0 Club #1 Club #2 Club #3 10 1 Community Information Guide q-T i„ lebUMU"Idib Safety is of the highest concern to Anytime Fitness, which is why each club is equipped with the latest in access, security, and surveillance systems. This level of protection has been no- ticed by those in law enforcement. Here's what they had to say... 1k April 17, 2007 To whom it may concern, a police officer where I have worked for over 11 years. for the St. Paul Police Departm s located at I am p husband came across the Anytime Fitness When looking for a fitness facility, my 1679 Suburban Avenue in St. Paul, Minnesota. This facility ia�°/i h cdrime statistics din that areae I currently work as an investigator, so I am extremely fame chose I compared Anytime Fitness with other available clubs in the area, and we ultimately Anytime Fitness for several reasons. I believe the facility has taken necessary and reasonable precautions to protect the safety of patrons, particularly during non- staffed hours.There are wireless personal They also have evices avail p emergency. They that are easily accessible t is cti e at all times. e Furthermo e, there are bubble cameras 24 -hour security system that lass windows all along the front of the club, throughout the facility. There are floor-to-ceiling g well lit, as well as the club. viewing of the entire facility.The entrance is very operated by one person which allow easy e ui ment, which can be op Almost all of the equipment is Nautilus type q p revent the weight bar and is very safe to use. The free weight I of the cardi vascular qument bars has emergency stop o p from falling and injuring a person. mechanisms, and is located in the front of the facility.Thae doors automatically lock after a r'�' ened with a passkey. person enters and leaves, and are only op lice officer, I cannot make official endorsements. However, my husband and I feel that As a police members with a reasonable degree of safety the Anytime Fitness club in St. Paul does p and security during non - staffed hours. Sincerely, Tina Kill Tina.Kill@ci.stpaul.mn.us 4 1 Community Information Guide YK e -- 7 Pam Dudziak From: John Trautz [JTrautz @rdcllp.com] Sent: Tuesday, June 29, 2010 8:39 AM To: Pam Dudziak Cc: Mike Ridley; jlongueville @comcast.net Subject: Anytime Fitness Pam After the Planning Commission hearing, Joe and I met with or contacted three of the four neighbors (Neumann, Entzion, Fabry) who had voiced opposition to our PD Amendment application requesting 24 hour operating for Anytime Fitness at Diffley Marketplace. We listened to their concerns about the expanded hours and about other operating issues at the property. We came to an agreement whereby the neighbors could support one additional hour of operation (5 am opening Monday through Friday) as long as a precedent was not set for other businesses operating at Diff ley Marketplace. In addition, I agreed to make certain modifications to the operation of the property that would address concerns they had about noise, skateboarding, odors and landscape. Each of the three should be contacting you soon by email. I believe at least two will attend the city council meeting to voice support. I would like to formally modify our application such that hours of operation are 5am to 12am Monday through Friday and 6am to 12am Saturday and Sunday. Thanks John Trautz Reliance Development Company, LLP 1000 Rand Tower 527 Marquette Ave. South, Minneapolis, MN 55402 9Y Pam Dudziak From: Steven Namyst [snamyst @hotmail.com] Sent: Tuesday, June 22, 2010 12:57 PM To: Pam Dudziak Subject: RE: Anytime Fitness 6/22/10 Dear Pam Dudziak, Eagan Planning Commission Re: Anytime Fitness - Diffley Market Place. Our major concern is the presentence set by allowing a business to have different hours of operation or requests outside the guidelines originally contained in the Planned Development for Diffley Market Place without the ability to review and revoke this permission if any problems develop. Should the Council vote to allow Anytime Fitness to to be part of Diffley market place without the Planed Development Hours of 6AM to 12 midnight, there must be a timely review process involved which would allow the ability to remove the extended hours granted and constrain the business (Anytime Fitness or any other future business requesting this) to the original Planned Development. The ability to revoke would protect the residents from problems that may occur as a result of operation outside the Planned Development or other changes requested by businesses outside the guidelines of the Diffley Market Place Planned Development. Sincerely, Steve and Terry Namyst 957 Trillium Court Eagan, MN 55123 651 - 686 -2950 From: pdudziak @cityofeagan.com To: Snamyst @hotmail.com Date: Mon, 21 Jun 2010 15:14:41 -0500 Subject: Anytime Fitness Steve, Per our conversation, I am sending this e -mail with my contact information for your reference. Please submit to me in writing or via e -mail the suggestions you would like the City Council to consider with regard to the Anytime Fitness proposal at Diffley Marketplace. Thank you. Pam Dudziak Pamela Dudziak I Planner ( City of Eagan tttttt aty Hall 1 3830 Pilot Knob Road I Eagan MN 55122 1651-675-5691 1651-675-5604 (Fax) I pdudziak(acitvofeagan.com City of EaV t]jj THIS CJMMUNICATION MAY CONTAIN CONFIDENTIAL AND /OR OTHERWISE PROPRIETARY MATERIAL and is thus for use only by the intended recipient. it You received this in error, please contact the sender and delete the e -mail and its attachments from all computers. The New Busy is not the too busy. Combine all your e -mail accounts with Hotmail. Get busy. ffiz) Mira Broyles From: Chris Neumann [CNeumann @Saba.com] Sent: Thursday, July 01, 2010 11:09 PM To: City Council; Pam Dudziak Subject: Anytime Fitness - Diffley Marketplace Dear City Council & Ms. Dudziak — I am writing to you in support of the Anytime Fitness application for the Diffley Marketplace development. While I was hoping to attend in person, I will now not be able to attend the July 6th City Council meeting. During the City Planning meeting in June, I expressed my concern regarding 24 hour access to any tenant and the potential for the hour adjustments to impact existing and future tenants. Since that meeting, I have had the opportunity to discuss these concerns with Reliance, the applicant for Anytime Fitness and City Planner Mr. Ridley. My original concerns regarding this applicant have been alleviated and I want to voice my support for having Anytime Fitness within the Diffley Marketplace development. I believe the adjustment of the hours for Anytime Fitness to 5 am to midnight is acceptable for this applicant for two reasons. It has similar hours to the Fitness 19 adjacent to this property and the 5 am open time would have minimal to no noise impact on our neighborhood. The conversation with Mr. Ridley alleviated my concerns that a modification for this specific tenant does not grant hour modifications to existing tenants nor future tenants without going through a similar process (request planned development adjustment via planning commission, city council and public input). I am not in favor of having Cub Foods or existing tenants having additional hours. In conclusion, I am in favor of Anytime Fitness being approved for Diffley Marketplace with the 5 am to midnight hour restriction. Thank you for reviewing this information. Please let me know if you have any questions. Regards, Chris Neumann 981 Trillium Court (651) 454 -0699 !o/ Agenda Information Memo July 6, 2010, Eagan City Council Meeting B. CONDITIONAL USE PERMIT — PRIMROSE SCHOOL (LOT 3, BLOCK 1, DIFFLEY PLAZA) ACTION TO BE CONSIDERED: To approve (or direct preparation of Findings of Fact for denial) a Conditional Use Pen-nit to permit a child daycare facility upon property located at 4249 Johnny Cake Ridge Road, legally described as Lot 3, Block 1, Diffley Plaza, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The Diffley Plaza Development was approved in 2003. The property is zoned NB, Neighborhood Business. Daycare facilities are a conditional use in the NB zoning district. ➢ The 2007 approvals for a preliminary subdivision and conditional use permits for a bank and coffee shop and associated drive - through service have expired. ➢ The proposed daycare has a design capacity of 181 children, 11 classrooms and outdoor play areas on both the east and west sides of the building. The facility will serve children ages 6 weeks to 12 years. ➢ Parking is north of the building and the main entrance is on the north side. A monument sign is proposed on the northwest corner of the site. ➢ Pedestrian connections will be made to the public trail along Johnny Cake Ridge Road and the adjacent Kowalski's property to the west. ➢ The Diffley Plaza development approval in 2003 included a Conceptual Benn Landscaping Plan to create a buffer between the commercial development and adjacent residential property. The applicant is proposing an alternative landscape buffer plan for consideration. ISSUES: ➢ The alternative landscape buffer plan is attached and includes some evergreen and overstory trees and lilac shrubs along the south and west sides of the property. The trees are proposed to be placed to complement existing trees on adjoining residential lots, and lilacs will provide additional buffer in some areas. An upland meadow grass and wildflower mix is proposed for the ground cover on the slope. The landscape plan requires a one year warranty and two additional years of maintenance to ensure proper establishment of the native grasses and wildflowers. To ensure continued maintenance of this area, a condition should be added to the CUP that states: The applicant shall provide on -going maintenance of the prairie plantings to control noxious weeds and invasive species. !a� The applicant submitted additional traffic generation and peak hour information which is included in the attached exhibits. The information indicates 75% of the drop -offs and pick -ups occur during the peak hours of 6;00 — 9:00 a.m. and 3:00 — 6:00 p.m. A resident e- mailed with a question about pedestrian connections within the Diffley Plaza development. The subject site will provide a sidewalk along the north side of the property, connecting to Johnny Cake Ridge Road and the existing sidewalk on Kowalski's property. 60 -DAY AGENCY ACTION DEADLINE: July 18, 2010 ATTACHMENTS (6): Location Map, pages �4q tl„� Draft June 22, 2010 APC minutes, pages S throughw.V Planning Report, pages 107 through Alternative Landscape and Buffer Plan, pages �pthroughr Correspondence from applicant regarding peak traffic hours, page Lie Correspondence from resident regarding pedestrian connections, pages I So through /O's Location Map Project Name: Primrose School Request: Conditional Use Permit Case Nos.: 28- CU- 06 -05 -10 City of Eap vf Feet 0 500 1,000 2.000 Legend City Boundary Parcels Parks Buildings N 1 Advisory Planning Commission June 22, 2010 Page 2 of 4 IV. PUBLIC HEARINGS A. Primrose School of Eagan Applicant Name: Four Points Real Estate Development. LTD Location: 4249 Johnny Cake Ridge Road; Lot 3, Block 1, Diffley Plaza Application: Conditional Use Permit A Conditional Use Permit to allow a child daycare facility and early childhood education center. File Number: 28- CU- 06 -05 -10 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated June 17, 2010. She noted the background and history. Chair Chavez asked if the revisions recently submitted affect the 11 conditions in the staff report. Planner Dudziak referenced condition number nine regarding the photometric plan and stated the stipulations in the staff report call for a maximum height of 18' for the light pole; the applicant is proposing a 20' light pole. She also referenced condition number five regarding the Landscape Plan and stated staff identified the 2003 Conceptual Landscape Buffer Plan to be implemented, the applicant is proposing an alternative plan. She stated staff will continue to discuss the Landscape Plan with the applicant and expects to have a final plan prior to City Council review. Member Heaney inquired about the apparent shortage of parking and use of overflow parking. Planner Dudziak responded by explaining that not all employees will be working at the same time and parents will only utilize parking during drop -off and pick -up times. Kristin Burke, Four Points Real Estate Development, Ltd. stated willingness to work with the City on the Landscape Plan to satisfy both City staff and the neighbors. She also stated 18' light poles would be acceptable. She discussed parking and stated 23 spaces are allocated for staff and van parking, and 18 spaces for loading and unloading, which is based on top capacity. Chair Chavez opened the public hearing. Darren and Diane Storkamp, franchise owners, stated they were available for questions and thanked City staff for the work on the proposal. Leah Morris, 1630 Summit Hill, stated excitement that Primrose School is coming to Eagan and expressed support for the proposal. Colleen Wagner 4277 Pintail Court, stated her excitement and welcomed Primrose School to the area. She asked about landscaping to screen her yard, including winter screening, and how the overall site would be landscaped. She asked about the anticipated traffic volume for pick -up and drop -off times. Planner Dudziak stated the alternative landscape plan was received on Monday, prior to this meeting. Staff is reviewing the plan to make suggestions for specific species. The plan will be revised prior to the City Council meeting. /()5- Advisory Planning Commission June 22, 2010 Page 3 of 4 Ms. Burke discussed peak hours for traffic and stated traffic studies with additional statistics could be provided. Member Dugan stated he knows the applicant, but has not discussed the proposal, therefore he will vote on the item. Member Daley inquired about pedestrian access and sidewalks. Planner Dudziak responded that she does not anticipate problems making the sidewalk connection to the west. There being no further public comment, Chair Chavez closed the public hearing and turned the discussion back to the Commission. Member Filipi moved, Member Daley seconded a motion to recommend approval of a Conditional Use Permit to permit a child daycare facility within on property located at 4249 Johnny Cake Ridge Road, legally described as Lot 3, Block 1, Diffley Plaza, subject to the following conditions as amended: 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 60 days of approval, and proof of recording shall be submitted to the City. 2. The property shall be platted. 3. The daycare shall be operated in compliance with all other County and State regulations. The daycare shall obtain and maintain all required permits and licenses required by the County or State. 4. To facilitate evacuation in the event of an emergency, additional gates shall be installed at the outer edges of the fenced outdoor play areas, with locations subject to approval of the City Fire Marshal. 5. Prior to release of the CUP for recording, the Landscape Plan shall be revised to the satisfaction of staff to incorporate additional plant materials along the southern boundary as provided for in the 2003 Conceptual Berm Landscaping Plan. 6. There should be no more than two school vans /buses kept or stored on the property. 7. The minimum architectural standard of 65% Class 1 materials shall be satisfied each of the four building elevations. The elevations plan shall be modified accordingly if necessary, and calculations provided by the architect to verify compliance with this standard, prior to release of the CUP for recording. 8. All site and building signage shall be subject to City Code standards. 9. The photometric plan shall be revised for the building permit application to include all parking lot lighting, and show compliance with City Code standards, and the standards identified in the planning report. 10. The applicant shall complete a sidewalk connection between Johnny Cake Ridge Road and the adjacent lot to the west (Lot 4, Block 1, Diff ley Plaza). This sidewalk shall be covered by a private easement between this development and the property owners of Lot 4, in a form acceptable to the City Attorney. 11. "No parking fire lane" signs shall be installed along the length of the shared private drive that serves the Diffley Plaza development. Member Dugan inquired about outdoor storage in relation to the vans. Planner Dudziak responded that the vans are an accessory use. All voted in favor. Motion carried 7 -0. 10101 PLANNING REPORT CITY OF EAGAN REPORT DATE: June 17, 2010 APPLICANT: Primrose School PROPERTY OWNER: Four Points Real Estate Devel., Ltd. CASE: 28- CU- 06 -05 -10 HEARING DATE: June 22, 2010 APPLICATION DATE: May 19, 2010 REQUEST: Conditional Use Permit PREPARED BY: Pam Dudziak LOCATION: 4249 Johnny Cake Ridge Road COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: NB, Nei (yhborhood Business SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to permit a child daycare facility on property located at 4249 Johnny Cake Ridge Road, legally described as Lot 3, Block 1, Diffley Plaza in the northwest `/ of Section 28. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 1 dl Planning Report Primrose School June 22, 2010 Pa(-,e 2 Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 41), Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND /HISTORY The Diffley Plaza property was platted in 2003 and consists of seven lots. This is the last lot within the subdivision to develop. A condition of the 2003 Final Subdivision approval required the owners to provide a conceptual berm landscape plan for the south properties that includes Lot 3. The Diffley Plaza development includes a CVS Pharmacy, Kowalski's grocery store, Holiday convenience gas station, Oak Trust Credit Union, a multi- tenant retail building, and Think Bank (under construction). The development includes an on -site pond to treat runoff from the development. The subject site is zoned Neighborhood Business, and has a Comprehensive Guide Plan designation of Retail Connmercial. In 2007, this site was proposed for a subdivision and into three lots and conditional use permits for shared parking, a bank drive - through and a coffee shop drive - through. The preliminary subdivision and the CUPS for shared parking and the bank drive - through were approved, the CUP for the coffee shop drive - through was withdrawn. The CUP /09 Planning Report — Prinu-ose School Junc 22, 2010 Page 3 approvals subsequently expired in May 2009, and the Preliminary Subdivision expired in May 2010. EXISTING CONDITIONS The subject site is a platted parcel that is vacant and rough graded. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Compatibility with Surrounding Area — Neighborhood business districts are small business areas generally located adjacent to or in close proximity to residential neighborhoods that are intended to provide daily retail goods and services. The subject site has adjacent residential uses to the south and east, and is bounded by neighborhood business uses on the north and west. Description of Proposal Primrose School provides child care and early childhood education for children ages 6 weeks to 12 years. The proposed facility is designed for a capacity of 1S 1 children, with over 40 teachers and staff. The school consists of 11 classrooms (3 infant /toddlers; 3 early preschool, 2 preschool; and 3 kindergarten and "Explorers" for ages 4 +). The school is licensed by the State as a daycare. Daycares are required to provide an outdoor play area consisting of at least 1,500 s.f. This facility has outdoor play areas on the east and west sides ofthe building, with fences providing separation for the different age groups. Each play area consists of age- appropriate play equipment, open grass and an open canopy shade structure. Total outdoor play area exceeds 23,000 s.f. Zoning — The property is currently zoned NB, Neighborhood Business, and is guided RC. Retail Commercial. Daycares within the NB zoning district require a conditional use permit. Existing Use Zoning _ Land Use Designation North Bank (under NB, Neighborhood Business RC, Retail Commercial construction) South Single - family residential R -1, Residential Single _ LD, Low Density (0 -4 units /acre) East Single - family PD, Planned Development MD, Medium Density residential_ (4 -12 units /acre) West Grocery store NB, Neighborhood Business RC, Retail Commercial (Kowalski's) _ I EVALUATION OF REQUEST Compatibility with Surrounding Area — Neighborhood business districts are small business areas generally located adjacent to or in close proximity to residential neighborhoods that are intended to provide daily retail goods and services. The subject site has adjacent residential uses to the south and east, and is bounded by neighborhood business uses on the north and west. Description of Proposal Primrose School provides child care and early childhood education for children ages 6 weeks to 12 years. The proposed facility is designed for a capacity of 1S 1 children, with over 40 teachers and staff. The school consists of 11 classrooms (3 infant /toddlers; 3 early preschool, 2 preschool; and 3 kindergarten and "Explorers" for ages 4 +). The school is licensed by the State as a daycare. Daycares are required to provide an outdoor play area consisting of at least 1,500 s.f. This facility has outdoor play areas on the east and west sides ofthe building, with fences providing separation for the different age groups. Each play area consists of age- appropriate play equipment, open grass and an open canopy shade structure. Total outdoor play area exceeds 23,000 s.f. Zoning — The property is currently zoned NB, Neighborhood Business, and is guided RC. Retail Commercial. Daycares within the NB zoning district require a conditional use permit. Planning Report — Primrose School June 22, 2010 Page 4 Site Plan The Site Plan shows a 11,280 s.f. building located in the center of the site. Access is proposed in two locations from the private drive serving the Diffley Plaza development. A flagpole is proposed near the easterly entrance to the site, and a monument sign is proposed in the northeast corer. Parking is located north of the building, and outdoor play areas are located east and west of the building, and are enclosed by 6' black iron fence. Fences separate the play areas for different age groups. The Fire Marshal has indicated that additional gates should be installed at the outer edges of those fenced areas to facilitate evacuation from that area in the event of an emergency. A 5' concrete sidewalk is proposed along the north edge of the site, connecting to the trail along Johnny Cake Ridge Road. Landscaping — The original Diffley Plaza subdivision approval in 2003 included a Conceptual Berm Landscaping Plan to assist with screening and buffering to the residential properties. This site was previously graded, but this plan received in April 2003, has not been incorporated into the Landscape Plan for this proposed development. Screening from the residential properties is provided by existing trees, largely on the residential property. The submitted Landscape Plan shows shade trees (honeylocust and maple) along Johnny Cake Ridge Road and around the parking lot. A row of clump birch trees lines the sidewalk along the south side of the parking lot. Shrubs and perennials are proposed along the north side of the playground areas, and at the front entrance. No trees are proposed within the outdoor play areas. Prior to release of the CUP for recording, the Landscape Plan should be revised to incorporate additional plant materials along the southern boundary as provided for in the 2003 Conceptual Berm Landscaping Plan. Bulk Standards — The gross lot area t 11,519 s.f. However, the private access drive serving the Diffley Plaza development occupies almost 14,060 s.f. of the lot area. Excluding the main drive, the net area of this lot is 97,521 sq. ft. This net area is used in the calculation of bulk standards below. Setbacks — The proposed setbacks are consistent with ordinance requirements. Johnny Cake Ridge Road requires 140 foot setback. The required side yard setback is 10 feet, rear yard is 20 feet and a 30 foot setback is required when adjacent to a residential use. Parking setbacks are proposed to be 20 feet from all public streets, which is consistent with City ordinances. The City Code does not Stipulate a 177111ll7]U111 parking setback from private streets; the proposed parking setback varies from approximately S' on the east end to over 20' on the west end. Building Covcrciae — NB zoning sets a maximum building coverage ratio of 20 %. The proposed building occupies 11,279 s.f., resulting in a coverage ratio of 11.5%. Building Hcight — Proposed building height is 21'6" and is consistent with ordinance requirements of a 30' maximum. The weather vane above the front entrance extends to 26'. 116 Planning Report Primrose School June 22, 2010 PaL,c 5 Greei1 Sl-)acc — The miirimum green space requirement in the NB zoning district is 30% of the lot area. The proposed green space is 63% of the net lot area, and 55% of the gross lot are. Both are consistent with ordinance requirements. Parking — The Site Plan shows 42 parking stalls are proposed. The applicant's narrative describes traffic patterns and parking needs of the facility based on past experience. The applicant's narrative indicates that the morning drop -off "rush" is between 6:00 and 9:00 a.m. and pick -up in the evening between 3:00 and 6:30 p.m. The City's zoning ordinance does not contain a specific parking standard for daycare centers. The proposed 42 stalls for this 11,280 s.f. facility is a ratio of one stall per 268 s.f. Other free - standing commercial daycare centers in Eagan vary in the amount of parking provided. Three smaller facilities (5,874 s.f. to 6,666 s.f.) provide from 26 -31 stalls. Of two larger centers (10,500 s.f. each) one has 44 parking stalls and the other only 19, although the latter has overflow parking available on an adjacent shopping center parking lot. The proposed parking appears adequate to serve daily needs. Occasional special events throughout the year may result in a need for overflow parking. The applicant should note there should be no parking on the private drive that serves the Diffley Plaza development, and there is no parking along Johnny Cake Ridge Road. According to the applicant, there will be one school van (14- passenger bus) and on rare occasions two, that will be kept on the property on an on -going basis, similar to other daycare providers in the City. The vehicle tits in a regular parking stall. There should be no more than two such vans /buses kept on the property. Building, Elevations /Architecture — The proposed building architecture is quasi- residential with a brick and siding exterior, gable roof and asphalt shingles. Two types of Class 1 materials (brick and glass) are utilized, along with a Class 3 material, (wood -grain Hardi -plank lap siding). The project architect indicates that Class 1 materials cover 700NO of the building. The minimum ratio of 65% Class 1 materials is exceeded on the north and east elevations, but may not be satisfied on the south and west elevations. The 65° o minimum standard should be satisfied on each of the four elevations. The elevations plan should be modified accordingly, if necessary, and calculations provided by the architect to verify compliance with this standard. Mechanical Equipment -- There is no rooftop mechanical equipment. Ground mounted equipment is located southwest of the building, and is screened from street views by the building. Berining and a 4' solid vinyl fence screen the equipment from the outdoor play yards and adjacent properties. Planning Report - Primrose School June 22, 2010 Page 6 Trash Enclosure — Trash storage is proposed to be located within the building. The floor plan indicates the trash storage room will be accessible only from the outside. This is consistent with City Code requirements. Si rna«c Signage will be subject to City Code requirements. A monument sign is proposed on the northwest corner of the site. The monument sign consists of a brick base and backdrop to match the building, with a logo on top, and metal sign panel with individual lettering affixed. The sign will be externally lit. Building signage is proposed on the north elevation above the building's main entrance. Lightin — A photometric plan was submitted that shows exterior wall- mounted lighting, and illumination of the flagpole and monument sign, but does not show parking lot lighting. City Code Sec. 11.70, Subd. 21.D.8 requires that site lighting be provided as is necessary for security, safety and traffic circulation. Such illumination shall be indirect and diffused or shielded. Lighting shall not be directed upon public rights -of -way or adjacent properties and the source of light shall not be visible from off the property. While not specified in City Code, parking lot lighting should provide minimum light levels of 0.5 footcandles throughout, and an avera(ye to minimum ratio not greater than 4:1. The surrounding commercial properties have varying light pole heights from 15 feet to 30 feet. Due to the proximity of the site to existing residential properties, light standards should be limited to a total maximum height of 18 feet, including the 3 foot base. The photometric plan should be revised for the building permit application to include all parking lot lighting and show compliance with these standards. Grading — The site has been previously graded and is open and relatively flat. Minor grading will be required to prepare the site for development. All erosion /sediment control plans submitted for development and grading permits should be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion /sediment control devices, and the establislunent of vegetation for the development, should have received Erosion /Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Storm Drainage /Water Quality -- Storm sewer and ponding (Pond BP -36.2) of sufficient size and capacity was constructed with the Diffley Plaza development in 2003, and is available to serve this development. There are no jurisdictional wetlands on this site. I Ia Planning Report Primrose School June 22, 2010 Pa <xe 7 Utilities — Existing sanitary sewer and water main of sufficient size, depth, and capacity are available within the existing service drive of Diffley Plaza to serve the proposed development. Access /Street Design - Public street access is available for the development from the existing private service drive that intersects with Johnny Cake Ridge Road. The proposed site plan shows two driveway accesses onto the private drive that currently serves the Diffley Plaza development. With increasing traffic as the Diffley Plaza development has become built out, and concern for possible occasional overflow parking, the shared access drive into the development from Johnny Cake Ridge road should be signed "no parking fire lane" along the entire length to provide for unobstructed emergency vehicle access at all times. Pedestrian access will be provided via sidewalk from Johnny Cake Ridge Road to the existing sidewalk constructed with the adjacent Kowalski's development. The existing sidewalk on the Kowalski's property to the west stops a few feet short of the lot line. The applicant should work with the owners of that property to complete the sidewalk connection with this development. This sidewalk should be covered by a private easement between this development and the property owners of Lot 4, Block I Diffley Plaza ( Kowalski's), in a forri-i acceptable to the City Attorney. Tree Preservation — There are no tree preservation issues associated with the development. Parks and Recreation The development will be subject to cash park dedication and cash trail dedication payable at the time of building permit issuance. Based on the 2010 fee schedule estimated dedications are 59,802 for parks and 53,130 for trails. SUINIINZARY /CONCLUSION The applicant is requesting approval of a Conditional Use Permit to locate a school /daycare on property located at 4249 Johnny Cake Ridge Road within an NB zoning district. The proposed Primrose school appears compatible with existing uses and surrounding development. Prior preliminary subdivision and conditional use permit approvals for this site have expired. The proposed daycare has a design capacity of 181 children, in I 1 classrooms and outdoor play areas on both the east and west sides of the building. Parking is north of the building and the main entrance is on the north side. Pedestrian connections will be made to the public trail along Johnny Cake Ridge Road and the adjacent Kowalski's property to the west. The 2003 Diffley Plaza Conceptual Berm Landscaping Plan should be incorporated into the Landscape Plan for this site, and "no parking fire lane" signs should be installed along the shared private drive serving Diffley Plaza development. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to permit a child daycare facility within on property located at 4249 Johnny Cake Ridge Road, legally described as Lot 3, Block 1, Diffley Plaza. If approved, the following conditions should apply. 113 Planning Report — Primrose School June 22, 2010 Page 8 The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 60 days of approval, and proof of recording shall be submitted to the City. 2. The property shall be platted. The daycare shall be operated in compliance with all other County and State regulations. The daycare shall obtain and maintain all required permits and licenses required by the County or State. 4. To facilitate evacuation in the event of an emergency, additional gates shall be installed at the outer edges of the fenced outdoor play areas, with locations subject to approval of the City Fire Marshal. Prior to release of the CUP for recording, the Landscape Plan shall be revised to incorporate additional plant materials along the southern boundary as provided for in the 2003 Conceptual Berm Landscaping Plan. 6. There should be no more than two school vans/buses kept or stored on the property. 7. The minimum architectural standard of 65% Class 1 materials shall be satisfied each of the four building elevations. The elevations plan shall be modified accordingly if necessary, and calculations provided by the architect to verify compliance with this standard, prior to release of the CUP for recording. 8. All site and building signage shall be subject to City Code standards. 9. The photometric plan shall be revised for the building permit application to include all parking lot lighting, and show compliance with City Code standards, and the standards I in the planning report. 10. The applicant shall complete a sidewalk connection between Johnny Cake Ridge Road and the adjacent lot to the west (Lot 4, Block 1, Diffley Plaza). This sidewalk shall be covered by a private easement between this development and the property owners of Lot 4, in a form acceptable to the City Attorney. 11. "No parking fire lane" signs shall be installed along the length of the shared private drive that serves the Diffley Plaza development. 11T Location Map ValYr Carne' lian park -�_ ,46 J (f y �.r C S A H. NC 30 (OIFLEY RO0 D) Map Area Extent 14 e n, Heine Pond Park Vpl Subject Site �� r J LZ -,P � Dovining.Park - -- Thomas Lake Park ` Hi ^Mine Trail Park �l L Project Name: Primrose School Request: Conditional Use Permit Case Nos.: 28- CU- 06 -05 -10 14, �, City of Eaon Ins Feet 0 5C0 1.000 2.000 Legend I?I111' i. =air Y City Boundary Parcels Parks Buildings N Current Zoning and Comprehensive Guide Plan Land Use Map Primrose School Conditional Use Permit 28- CU- 06 -05 -10 ••iii -will oil ` Jill. . �� 1 � � gun• ' %/�,` �� fill .. NEW 0 ' INS _ ■ z ••iii Jill. . �� 1 � � gun• ' %/�,` �� .. NEW 0 ' INS _ ■ m z,meyv . ... yy�. �. 9 1, » : 1. .. T6o.la Nol73'14'W 12. a5 2 16 Zi 214.50 SOC-07'06- 'N 7: 0 r EXISTING CONDITIONS FPRIMROSE SCHOOL =24G CONDITIONS PODIM REAL FSTATE, LTII)l ol�z James R. 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ESTATE, LTD Y >t Y �g n O s ➢ a ,-1 oY L -Y Y I�1 lull I! � U s n ry a n Il�c �1 o I 1> :tiY 7—) V o E d� e� - 'h 1 C) 9 n c � � } a o g d, h i8t � 1 i I 13 -t h d.e �f J C �I - C i C if }fjjr[ 'r jiI rfi �t7 i i' } {i 4 �- ii Caly Design Group, LLC 5 V ._ F X50 �tl G 1 . ! o F. � y I 1 1 QY02 3�0[L' 3NYQ :NNHOf'j i II i - I I I: r I' I - I - - i` II 1,p II II II - I I I? 3, = -1= LANDSCAPE CAPE PLAN jl PRIMROSE SCHOOL F1 -L LANDSCAPE PLAN I OUP. POINTS P.E_4I. ESTATE, LTD Y >t Y �g n O s ➢ a ,-1 oY L -Y Y I�1 lull I! � U s n ry a n Il�c �1 o I 1> :tiY 7—) V o E d� e� - 'h 1 C) 9 n c � � } a o g d, h i8t � 1 i I 13 -t h d.e �f J C �I - C i C if }fjjr[ 'r jiI rfi �t7 i i' } {i 4 �- ii Caly Design Group, LLC 5 V ._ F X50 �tl G i i f _ - " _ u I 1 _ LIGHTING _ 1 1'� I 1 I (1 \ 1 4 _ \ � I rJ 15j is — — ij Zv IL _ 9 r C) 'I C o: a � F 3XYD ANINHCC —. - GRADING _ _ PP.IbfROaE SCHOOL dal C -r?DLT DP.2� AGE, 3 James R. Hill, Inc. EECSION COS-?C)L PLA o — ��NE?s / . v�rr_-.S / n,c 1 OLD POL 7S RE,. _EST�_TE, LTD � � Gr GRADING _ _ PP.IbfROaE SCHOOL dal C -r?DLT DP.2� AGE, 3 James R. Hill, Inc. EECSION COS-?C)L PLA o — ��NE?s / . v�rr_-.S / n,c 1 OLD POL 7S RE,. _EST�_TE, LTD � � 15 C73�! —Wlc� z - - -- — — - — - — UTILITIES fz PF�IMIROSE SCHOOL James R. Hill Inc. L.T=f POLNT-, FEAL EST=, LTID r ---------- - - - - - - - - - - -- t 7 Z O -7 D1F,LEY PL A CONCEP TL4L BEPM LODSCAP.,VC, �W G. ASTLEFORD CO HEM I/A (D ...... iVV f P `mT3�0 r CONCEPTUAL BERM LANDSCAPE PLAN (2003) ---------- - - - - - - - - - - -- O -7 D1F,LEY PL A CONCEP TL4L BEPM LODSCAP.,VC, �W G. ASTLEFORD CO HEM I/A (D ...... ALCAY DEVELOPW��T LLC CONCEPTUAL BERM LANDSCAPE PLAN (2003) Date: May 14, 2010 To: City of Eagan Community Development - Planning Division 3830 Not Knob Foad Eagan, MN 55122 651- 675 -5655 By: Children's Design Group Mark D. Favey, AIA — Architect 1114 Eagles Creek Way Acworth, GA 30101 Project: Frimro5e School of Eagan 4249 Johnny Cake Pidge Koad Eagan, Minnesota Subject: Application Narrative — 5pecial Joe Permit 1. General Description The proposed Frirrrooe School of Eagan will be a high duality provider of child care and early childhood education for 181 children ages 6 week to 12 years, employing 40+ teachers & Staff. The building will cover 11,279 square feet on a 2.56 acre lot. The center will be located south of the recently approved Thirk Mutual Bank, The facility will generally be open 6:00 am to 6:30 PM Monday through Friday. The children in our care will be kept on premises at all times except for plarred field trip-- in the area. 2. Existing Land Use The land i5 vacant and i5 zoned NI3- Neighborhood 5usiness. Child care is an allowed use with a 5peci3l Use Fermit, See attached Site plan showing uses around the proposed site. To the south and west are residential, and commercial uses are to the northwest and north. On the east 5ic,P- of Johnny Cake Pidge Poac; there are rceOerce5, 3. Phasing- Construction Schedule All work will be done in a single phase. After zoning approval and obtaining building permits, we estimate 6 months will be required for construction. 4. Development Method Local Franchise O,,vrers will purchase the facility building at the end of construction from Four Foists Feal Estate, LTD, the ceveloper of the property. 5. 5ignage We have proposed a monument Sign as shown on the Site plan and Site details. An attractive building sIen w'II i5 shown on the front elevation, Various site signs are Shown on Sheet A -7,2 and located on X -1. Shade 5helter5 are Shown with logos, 6. Traffic /Parking An3ly5i5 Traffic will not be adveroely impacted in the Surrounding area 35 the School lies in the natural traffic pattern of most commuters. Parents will be commuting in a direction that would take them directly by or near the School. Unlike a retail operation, the parents will be very familiar with the traffic patterns and volumes at the ochool and will adjust to the daily traffic accordingly. The School will have 42 parking Spaces, 2 of which are handicapped acce55ible. Parente, are required to physically bring their child or children into the center and Sign in and out. Many times the parent will have a Short diocuSSion with the child's caregiver. With 23 spaces allocated for staff and van parking, a total of 18 Spaces will be provided for unloading and loading. Our Studies and experience tell uS the average time for loading and unloading (parking time) is Seven minutes. With 16 spaces allocated for parents, a total of 137 cars per hour could be accommodated, far more than necessary to accommodate the 181 children that would come from approximately 130 families using the center. Arrivals occur from 6:003m until gam and departures are generally from 3pm to 6:30pm. From our experience with the design of over 600 centers in the past 20 years, we assure you adeouate parking is provided. 7. Building Material and Design Elements - The building has been designed to fit with the attractive architecture of the area. Each elevation has features to enhance the area's aesthetic. The building is tied to the ground with Strong horizontal lines and a defined brick base with horizontal Siding above. The building has been designed to look "homelike Each elevation has features to enhance the residential aesthetic. The roof will be architectural Shingle --. The building has a 7 Plan to break dowr the visual mass of the building. Visible wall face-- are articulated to add interest and reduce the Scale. Gables are used to break the roof plane. The trash enclosure has been shown attached to the building, We would ask you to consider Separating it from the building and moving to the previous location. We are not a typical retail building aS only a small part of the front elevation i5 "public ". Playgrounds directly 3cce55ible from the cl3o5room wrap moot of the building, Thus, we cannot attach the trash element to the Side or rear elevation S, We are more than willing to work with staff to design an acceptable enclosure. Security is a top concern for Primrose. Security i5 provided at the front door of the School with an electronic check -in system for children, Piayground5 are fenced and gated. Primrose provides a building that exceed.5 requirements for fire safety. Plot only for fire egress but also for ease of operations, each cla55room has direct exit and 3cce55 t0 outsid playground areas. Every Prir -�ro5e builOinO� i5 aIeo e�Ulpped V,�Ith a fire alarm and Smoke detection --ystem, ja? The Primrose inter or decor creates a Soft, warm, homelike environment through the use of rich, warm colors, and wood trim. The plan consists of closed classrooms that are all sized larger than state requirements. Classroomo are br ght and cheerful with lots of windows. Areas for computers are provided for all children over the age of three. Older children are provided State of the art audiovisual equipment a5 well. 8. Other - i here are no major high powered electrical lines near the site that would generate potentially harmful electromagnetic fields. This site will not generate fumes, odors, glare, vibration, gase5, radiation, dust, liquid waste, or smoke and there are no Sites nearby that would generate the came that would impact the School. Conclusion Reot assured that 35 owner /operators, we. intend to keep the premises in a Safe, clean, neat, and wholesome condition. f5y the nature of our Service, we Shall comply in all respects with all governmental, health and police requirements. In conclusion, we fi; mly believe the Primrose School of Eagan will be an asset to the community and will provide a Safe, clean, and friendly environment for both the children in our care and the surrounding. community. Flo -- (IIIY 5f16rv�lOJ �i1 � �'S ' `US w�01 3 i0i C HC 1>>[ f ':q,LV,LSH 'IVHH &LNIOd HfIO 0 � =: Nod anod o �w sao 3 a n / sa33�r�N3 / sa3NNV�d j d1EiIIIX3 NV Id 3,1IS 'Oul IN `8 s8w8P 'IOOHOS HSO2IY Md W j -- E ! I I � h JCHNN, CAKE RIDC, ROAD �1 Y o = U > Z J o � Ln ! U m� z Lj IL i I : I z Lo LLJ Y O i o Q 4 I I i t SHINGLES: HC-82 5AND5TONE BEIGE - TRIM 5011`6 T,w�D1,4C SEAN' ROLFIN6 �4� �,,Jjr CAK .c E ROI D AW! ,1INU(-9 H NI OCV6 PAIFIT - TATE OLIVE Imam 16. 12;A 5i YJINDOI^I SIL! Children's Des(gn Group 1MR�S 1114 Eagles Creek 6Naa 1 Ac,-,orth, GA 301, 170 -4Z5 -8486 206- 3` -05�i3 Fo, .'n'Id.deS.an�m!rdsprincj.ccrr : I Sc \.5 �I 5/i7/2�IJ NOO 4BM HC 112 TATE OLIVE PUMPSTER GATE5 (PG5T d HIN(,ES) (INDUSTRIAL ENAMEL, EXTERIOR APPLICATION) EXTERIOR WD. TRIM, EXTERIOR TO MATCH HARDIE TRIFl DOOR5, FRAMES, LOWERS, SANDSTONE BEI6E JH30 -20 CUPOLA WALL5, GUTTERS AND (BM HC-82 or 5W 5W 6151) AND DOWN5POUT5, 5OFFIT5. EXTERIOR HARDIE TRIM, SANDSTONE BEIGE JH30 -20 FASCIA, FRIEZE (BN1 HC -82 or SW 5W 6151) WIND065 WHITE ALLR -II J" BRICK: HaNT VERNON MOPULAR GROUT: BUFF COLORED MORTAR WITH CONCAVE JOINTS SIDING: HARD PREFIN COLOR=5AILCLOTH JH 2O -10. (SW -6119 or BM- 2148 -50) STANDING SEAM ROOFING. KYNAR 500 - "DARK BRONZE" A5FHALT 5HIN6L1S. MANUF: GAF STYLE: TIMBERLINE SERIES, T -30 WITH 'SHADOW ACCENT' COLOR: WEATHERED WOOD NOTE: ALL ROCF MOUNTED EOUIPPtENT SHALL BE PAINTED TO MATCH ROOF COLOR VINYL SHUTTERS ARGHITECTURALDEPOT.COM - 14 JOINED 50)TTERS NMI TALL 5CREh5 WIDE STANDARD SIZE FOUR BOARD PREFINISIiED 4262 COLONIAL GREEN AW! ,1INU(-9 H NI OCV6 PAIFIT - TATE OLIVE Imam 16. 12;A 5i YJINDOI^I SIL! Children's Des(gn Group 1MR�S 1114 Eagles Creek 6Naa 1 Ac,-,orth, GA 301, 170 -4Z5 -8486 206- 3` -05�i3 Fo, .'n'Id.deS.an�m!rdsprincj.ccrr : I Sc \.5 �I 5/i7/2�IJ NOO TYPICAL ORNAMENTAL METAL 6' FENCE - TYP. AT PERIMETER STANDARD woos MULCH FALL SURFACIN -� I TYPICA'- I5'xl---' SHADE SHELTER prat •'` -m fir: £� � - - 1I -g.-- N0 SMG<1I 4(, C1I&N k y_ �23 A T ?F7IOIIAL RUDDER FALL ti IRFACING7 MA L5113X Primrose School of Benti+ater �I� "ILA.R �tO�iUMENT �I� ", Children's Design Group PF "ROB ,H �- t -,s, E_ Pa ey, AA .A. - Ar act - - III-{ Eagles Craek W EY-.GANr Lh CA .30101 .249 ��i �0- 485 -8496 ��i 7 3 0 0593 ox 3� FOURPOINTS SCHOOLS I F'RESGHOOL CLIMBER - STANDARD i PRESCHOOL OPTIONAL_ GLIN1BER -FIRE TRUCK BELT SWINGS PRESCHOOL ROGKFR PRE- SGHOOL PLAY C7ROUND AFTEF E,GHOOL GLI ,'°IEIN6 STRUCTURE TIRE 5WINC- BA 3<ETBALL 60 AL C- iidren s Design Group P i 1 '. _ EA NI j or[h, 6r 0101 FOURPOINTS HOO _ �. . --------- - - - - -- - -- TOT TREE UNDER 12'x12' SHADE FRIMROSE PATCH SIC T! EARLY FRE5;�0�._ UP'1BIiiCV STRUC:iURr BELT SrVIN�S 7 SCHOOV- FOURPOINTS Children's Design Group I, T 1�14 Eagles Gre < north, 6A oioi'y �iC -48 =- a4h Fa; V 7 SCHOOV- FOURPOINTS I ai�� 1P iii °R o NOT 1 cBs° j it r. i�l8a B I II as °i I P if j1 Plo 1Bisi ! jiBd iil d�7e allllP Bi �•s 77 I�1 n ee c I � 9i jl'!II ;l j! Sii !ii rI� IP! allli!ilal;t fh .it sill i�o! i 50�c.a..4.@qu :ice i t IpI P1 =d- � W — >a JII ! E pj � acre Kt ,se :.,wo.m ........... 90199 Nw'Inw wren .—V k".P.8 m8 siNiodano� aaz 'ainsa wau & rood nano 1drojo Uopt@ Mzpa g I ai�� 1P iii °R o NOT 1 cBs° j it r. i�l8a B I II as °i I P if j1 Plo 1Bisi ! jiBd iil d�7e allllP Bi �•s 77 I�1 n ee c I � 9i jl'!II ;l j! Sii !ii rI� IP! allli!ilal;t fh .it sill i�o! i stc. No 'snennro> yr 3<ir�s �wus n«ot 3 ioi i t IpI P1 B I ! JII ! E pj � -:- _- aaz 'ainsa wau & rood nano g r w � w �'• �o, m o ° Ii 0 5 N 0 z a w h, '•, �� a O' p.6 1 C R �I o, LJ' O% OI oii E -71 I � , U N N• d ��— e�r� stc. No 'snennro> yr 3<ir�s �wus n«ot 3 ioi -:- _- aaz 'ainsa wau & rood nano g �'• �o, m o ° LL m n a 4� HV'Id ,3dVos6m 'Irma s s � 053nnin 3 N < `V O 'IOOHOS aS02 YMId �v 1111 P� a I T- rr _� S Jill Jj@ @ Bir@ @I 1' @ @@ 11i11 @ II I I@ � zl � �{ aara 36 ,,111 dill a ° �• r• of i�a& few s• _ 3 __',�' s �' ?!.� �� e 3� ALTERNATI�E LANDSCAPE BUFFER PLAN III I li Pam Dudziak From: Kristin Burke [kburke @4pol.com] Sent: Monday, June 28, 2010 11:13 AM To: Pam Dudziak Subject: PS Eagan - Peak Hours Information wlu In the Planning Commission meeting, one of the commissioners asked for more information on the volume of students arriving /departing during peak hours. Primrose's data shows that approximately 75% of the children are dropped off between 6 -9am and picked up between 3 -6pm, with 1/3 of these having a sibling in the center that is included in the count of 75% (reducing the car count). I am aware that Chris Remus sent you the revised landscape plan earlier today. We are hoping that the City will find this plan acceptable and we can go to City Council without any outstanding conditions. At this time, I have not planned on attending the City Council meeting, but we will have our broker there as a representative (and we can request our civil engineer as well). Could you please advise me on who do you think would be ok to represent us at the Council meeting next Wednesday? I will be there if you think it would be a good idea. Thank you- Kristin Burke Four Points Real Estate Development, Ltd. 101 E. Town Street Suite 444 Columbus, OH 43215 Direct: 614 - 753 -4411 1-391 Pam Dudziak From: Pam Dudziak Sent: Wednesday, June 30, 2010 1:04 PM To: 'Kristin Burke' Cc: cremus @jrhinc.com' Subject: FW: Primrose School of Eagan/ Four Points RE Development File # 28- CU- 06 -05 -10 I<ristin, FYI — we received the e -mail below and will be including it in the packet of information that is sent to the City Council. Pam Dudziak Pamela Dudziak I Planner I City of Eagan City Hall 1 3830 Pilot Knob Road I Eagan. MN 55122 651- 675 -5691 651 -675 -5694 (Fax) I pdudziak(d,)cityofeagan.com City o EanQ0 THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND!OR OTHERWISE PROPRIETARY MATERIAL and is thus for use only by the intended recipient. It you received this in error, please contact the sender and delete the e -mail and its attachments from all computers. From: Karen Rainford [ mailto :karen.rainford @gmail.com] Sent: Tuesday, June 29, 2010 1:16 PM To: APC Subject: Primrose School of Eagan/ Four Points RE Development File # 28- CU- 06 -05 -10 To: Advisory Planning Commission RE: Primrose School of Eagan/ Four Points RE Development File # 28- CU- 06 -05 -10 From: Karen Rainford and Paul Osika 1604 Summit Hill, Eagan, MN 55122 Karen: 651 - 454 -5487 (Cell /Home) Paul: 612 - 590 -8548 (Cell) karen.rainford@qmoil.com pcosiko @hotmail.com As neighbors within 350' of the planned development of Primrose School of Eagan/ Four Points RE Development File # 28- CU- 06 -05 -10 we would like to provide input. The proposed use of this land as a child daycare facility and early childhood education center is an excellent use of the land. Although we are aware that there will be additional traffic concentrated during rush hours, we believe that the neighborhood and the city will benefit from using the property in this manner. We also believe that this property use will have a positive impact on neighboring businesses, such as Kowalski's, CVS Pharmacy and the Holiday station. We do have one concern —foot traffic in the area may increase. We hope so!! What are the plans to get sidewalks or bike paths into the area? On a daily basis, we walk over to CVS or Kowalskis, and find it is difficult to walk along the access road from Johnnycake Ridge Road into those businesses. Cars don't expect to encounter pedestrians on the road, especially after dark, and the curves in the road further limit visibility. With a stroller or a rolling grocery bag, walking in the weeds isn't practical either. We often walk over for ice cream with my two young nephews, and find it uncomfortable to be on the road or on the grass. I 39 Kowalski's provided a nice sidewalk along the back of their building that ends on the access road. This is the only "pedestrian- friendly" element in the development. Are the childcare center or the city or Think Bank planning a sidewalk along the edge of that access road? Both sides of the road would be nice, but one or the other is essential. A bike path that runs along the south edge of the property would also be As a note, we have the same problem with walking access into the center that houses Fantastic Sam's and the ft�rmer Bibo's; there is no sidewalk access into that center at all and visibility for cars turning into the center is poor. Especially during the winter, when snowbanks are high, it's a dicey walk. Thanks for your consideration. Anything that you can do to promote walking or biking in this area is critical to our growth as a healthy community. Karen Rainford, PMP, MBA 651 - 454 -5487 (Cell /Home) koren.roinford@qrnctil.com (krainfor @smumn.edu is forwarded to gmoil.) I U ADMINISTRATIVE AGENDA REGULAR CITY COUNCIL MEETING EAGAN, MINNESOTA JULY 6, 2010 CITY ATTORNEY 1. Variance Lawsuit Ruling and Effect Minnesota Cities CITY COUNCIL COMMENTS CITY ADMINISTRATOR DIRECTOR OF PUBLIC WORKS DIRECTOR OF COMMUNITY DEVELOPMENT 1. Redevelopment District Update 2. Development /Construction Activity 141 City of Eagan demo TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 2, 2010 SUBJECT: ADMINISTRATIVE AGENDA /JULY 6, 2010 CITY COUNCIL MEETING CITY ATTORNEY The Mayor and City Council have the right to schedule a Closed Session for purposes of threatened or pending litigation or matters of labor contract /personnel items. Item 1. Variance Lawsuit Ruling and Effect Minnesota Cities — On June 24`h, the Minnesota Supreme Court issued a ruling in a case involving a variance granted by the City Council in the City of Minnetonka. The ruling has consequences for all Minnesota cities because it very narrowly defines the authority local governments have to grant variances. City Attorney Mike Dougherty has prepared the memo on pages through 1 40 for the City's use and Mr. Dougherty will overview the memo and the ruling's implications for the City at Tuesday evening's meeting. As the memo notes, the ruling is based on current Minnesota law and staff believes that the League of Minnesota Cities and, likely, other local government organizations will pursue statutory changes in the 2011 Legislative session to address the situation. In the meantime, the limitations described by Mr. Dougherty will guide the City's interaction with property owners who might otherwise consider a request for a variance. ACTION TO BE CONSIDERED: For information and discussion only, no action is anticipated. CITY COUNCIL COMMENTS CITY ADMINISTRATOR There are no items for consideration at this time. DIRECTOR OF PUBLIC WORKS There are no items for consideration at this time. COMMUNITY DEVELOPMENT DIRECTOR Item 1. Redevelopment District Update — Staff is providing regular updates to the City Council regarding the City's redevelopment districts as a part of each administrative agenda. In addition to NQ, , staff will be available to provide comments or respond to the information enclosed on page ? questions relative to the redevelopment projects at Tuesday's meeting. Item 2. Development /Construction Activity — Per the Council's request, Community development staff will provide bi- weekly updates of larger development and construction activity. The current update is enclosed on page I q /s/ Thomas L. Hedges City Administrator 1V3 SSeverson, Sheldon, Dougherty Et Molenda, P.A. Michael G. Dougherty EVERSON SHELDON Direct: (952) 953 -8820 E -mail: doughcrtym a soversonsholdon.com © Attorneys I Advisors MEMORANDUM TO: Jon Hohenstein, Community Development Director FROM: Michael G. Dougherty, City Attorney DATE: June 25, 2010 RE: Recent Supreme Court Case - Variances Yesterday, the Minnesota Supreme Court articulated the standard that a city must use in the consideration of the granting of a variance. Effective immediately, a city does not have the authority to grant a variance unless the applicant can show that the property cannot be put to a reasonable use without the variance. CONTEXT OF CASE Minnetonka approved a variance that allowed for the expansion of a non - conforming use. The expansion consisted of a pitched roof and second story room above a garage. The addition would not alter the footprint of the garage and would comply with Minnetonka's zoning ordinance for a detached garage with respect to maximum height and size. However, adding a second story would result in a vertical expansion of the non - conforming structure. The garage is set back seventeen (17) feet from the front yard lot line. Subsequent to its construction, Minnetonka amended its ordinance requiring that detached garages be set back a minimum of fifty (50) feet from the property's boundary line. The Minnetonka Planning Commission and City Council adopted findings in approving the granting of the variance noting in part that among other things, the requirement of undue hardship was satisfied due to the topography of the site, width of the lot, location of the driveway and existing vegetation. A neighbor brought suit in district court challenging, among other things, the City's finding of undue hardship. The district court upheld the City's granting of the variance concluding that the City's decision was not arbitrary and capricious. The neighbor appealed to the Minnesota Court of Appeals, arguing that Minnesota Statutes §462.357, subd. le(a) prohibits the City from granting a variance to allow the expansion of a non- conforming use and secondly, that the City's approval of the variance request was arbitrary and capricious because the property owner failed to meet the "undue hardship" standard of Minnesota Statute §462.357, subd. 6. The Court of Appeals affirmed the district court's decision in all respects, and the neighbor petitioned the Supreme Court for review, which was granted. 14's- SUPREME COURT DECISION The first part of the Court's decision surrounds the issue of allowing the expansion of a non- conforming garage. Therein, the Supreme Court held that the City's decision to allow the property owners to seek a variance under the ordinance to expand a non- conformity was consistent with Minn. Stat. §462.357, subd. le(b). The Court based its determination on the fact that the Minnetonka City Code provided that "an expansion of any non - conforming use may not be done without first obtaining a variance." [RESULT: Non - conformities may not be expanded unless the city, by ordinance, permits an expansion. The use of a variance procedure by the city is allowed.] The bulk of the Court's decision centers on the interpretation of undue hardship found in Minnesota Statute § 462.357, subd. 6. This statutory provision allows the City to grant a variance "from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of the circumstances unique to the individual property under consideration." In 1989, the Minnesota Court of Appeals interpreted "undue hardship" as requiring it variance applicant to show that "the property owner would like to use the property in a reasonable manner that is prohibited by the ordinance." For over 20 years, cities throughout Minnesota have used the "reasonable manner" standard in evaluating requests for variances. In the Minnetonka decision, the Supreme Court rejected the reasonable manner interpretation. Instead, the Court has determined that the plain language of Minnesota Statute §462.357, subd. 6 mandates that the variance applicant must show that "the property in question cannot be put to a reasonable use" without the variance. The Court recognized that its decision will result in restrictions on a municipality's ability to grant variances, as compared with the reasonable manner standard. However, the Supreme Court noted that unless and until the legislature takes action to provide a more flexible variance standard for cities, the Court is constrained by the language of statute to hold that a city does not have the authority to grant a variance unless the applicant can show that the property cannot be put to a reasonable use without the variance. [RESULT: Within the city ordinance governing variances, the undue hardship language needs to mirror the language found in Minn. Stat. §462.357, subd. 6 and the city's application for a variance needs to require the applicant to show that the property cannot be put to reasonable use without the variance. Additionally, we strongly suggest that any approval of a variance be done through the use of a resolution that identifies how the requirements for the granting of a variance, including "undue hardship," have been satisfied. Absent a factual basis to support that the property cannot be put to a reasonable use without the variance, the council lacks authority to grant a variance.] If you have any questions, please give me a call. MGD /jlt r�� 4b� City of Eagan ma TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: JULY 2, 2010 SUBJECT: REDEVELOPMENT DISTRICT ACTIVITY UPDATE The following updates reflect activity in the City's redevelopment districts: Cedar Grove Redevelopment District • Master Developer —The developer and staff are in conversation with representatives of a senior housing provider to proceed with the application as it pertains to the senior portion of the approved preliminary concept plan. Staff is working with the hotel developer on a purchase agreement and escrow agreement for the first of the two hotels proposed under the concept plan. • Property Acquisition — The Supreme Court heard oral arguments on the case for January 6. The Court provides a two day notice of the rulings that will come out in a particular week and the City Attorney will advise the City Administrator and Council when that notice is posted. • Jensens Supper Club and Cedarvale Lanes — Doron Jensen is working with staff to explore the possible expansion of his business and the owners of Cedarvale Lanes is replacing the wood siding on the upper portion of their building with a combination of stucco and metal siding this summer. • Credit Union Building — The City has received interest in the possible purchase of the property for reuse and preliminary discussions are occurring in that regard. • Demolition Plans — The demolitions and site restoration of the Mediterranean Cruise and Sarah's Laundry have been completed. • CDA Young Adult Supportive Housing Project — The Lincoln Place ribbon cutting was held on June 30. • Transit Update — The Cedar Grove Transit Station opened for service on March 20 and the ribbon cutting was held on May 26t". • Nicols Ridge Revised Development Plan —In keeping with the revised development agreement, Lennar submitted an application for a revised development plan. The application was held over until the developer secures documentation of support from the Nicols Ridge homeowners. • United Properties North District Project — Staff has received several inquiries regarding possible developments on the United parcel, but none have proceeded to the point of concept presentation at this time.. • Communications Activities —The CG Communications Plan is being updated to expand the messages about the project to the broader community. Northeast Eagan Redevelopment District • McGough Office Project — McGough continues to market the property for tenant(s) to support proceeding with the first phase. A RZFB Application has been submitted for the project. Southeast Eaean Renovation and Renewal District • The Southeast Eagan TIF District has been certified by Dakota County. 41 City of Eap demo TO: Jon Hohenstein, Community Development Director FROM: Dale Schoeppner, Chief Building Official Mike Ridley, City Planner DATE: July 1, 2010 SUBJECT: Development/Construction Activity Update The following update reflects recent activity in the Building and Planning Divisions. Address 1279 Town Centre Dr Development Update Permits Issued Business Name /Type Arby's Valuation Type $183,000 Int Imp Community Development staff attended a Sensible Land Use offering entitled Zoning: Making it easier to do better. The presentation centered on getting quality development with the new normal economy. Staff will be happy to provide a brief overview of these items and /or respond to questions at Tuesday's meeting. As always, staff is available between meetings to respond to questions that may come to Council members' attention from the community. 1�