04/20/2011 - City Council RegularAGENDA
EAGAN CITY COUNCIL
EAGAN MUNICIPAL CENTER BUILDING
APRIL 20, 2011
6:30 P.M.
ROLL CALL AND PLEDGE OF ALLEGIANCE
P 3 II. ADOPT AGENDA
III. RECOGNITIONS AND PRESENTATIONS
P. 4 A. SPECIAL 150 ANNIVERSARY AWARDS AND RECOGNITIONS
IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an
QQ item to be pulled for discussion)
V. A. APPROVE MINUTES
17 B. PERSONNEL ITEMS
•IQ C. APPROVE Check Registers
P 19 D. APPROVE Promotion at Cascade Bay for Military Families
QaD E. APPROVE On -Sale Sunday Wine License for Nguyen Phong, dba Classic Saigon Restaurant,
1272 Town Centre Drive
P F. APPROVE Temporary On -Sale Liquor License for the Twin Cities Good Time Softball League
f.2A G. APPROVE Massage Therapy Establishment License for Beverly Lokensgard, A Touch of
Tranquility, 4651 Nicols Road
H. APPROVE Shows License for Piccadilly Circus to hold a circus on May 14 — May 15 at the
Eagan Civic Arena
I. APPROVE Exempt Permit for Eagan Athletic Association to hold a raffle on May 8, 2011 at
DD Lexington / Diffley Fields
>r•;VPJ. AUTHORIZE Preparation of Ordinance Amendment to provide for a Registration Program for
Residential Rental Properties
09 *30 K. APPROVE Agreement with Minnesota Department of Driver and Vehicle Services (DVS) to Allow
Access to Records
�.3 L. APPROVE Easement Agreement with MN DNR & Dakota County Parks — DNR Ground Water
Monitoring Wells— Lebanon Hills Regional Park
M. APPROVE an Extension for Final Subdivision - Nicols Ridge 3' & 4 Addition
y� N. APPROVE the 2011 Use Agreement for Blue Cross Blue Shield fields
P O. APPROVE Shows License, Parade Permit; July 4 fireworks contract and waive fees for July 4 Funfest
Committee.
Pt,�Q P. APPROVE Resolution to accept an MRAC grant from the Metropolitan Regional Arts Council for
summer programming and approve any necessary changes to the 2011 budget.
Q. APPROVE repairs to the sidewalk outside the Oaks banquet room at the ECC, recommend how it
should be financed and approve appropriate changes to the 2011 budget.
P.LS R. AUTHORIZE submittal of US EPA Brownfield Site Grants Nomination forms to Dakota County for
several properties within the Cedar Grove Redevelopment Area.
051 S. REQUEST AUTHORIZATION from MnDOT State Aid to Add 120 Street to Municipal State Aid
System (Brooklyn Lane to East City Limits)
P•5% T. APPROVE Tree Contractor License for Valley Tree Service, Inc.
rs? U. APPROVE Tree Contractor License for Treecology, LLC
V. PUBLIC HEARINGS
VI. OLD BUSINESS
' A. ORDINANCE AMENDMENT— Outdoor Patio Dining —An Ordinance Amendment to Chapter 11
Relative to Outdoor Patio Dining.
'�� B. ORDINANCE AMENDMENT — Senior Housing Parking Standard — An Ordinance Amendment to
Chapter 11 relative to senior housing parking standards.
VII. NEW BUSINESS
VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
IX. ECONOMIC DEVELOPMENT AUTHORITY (There are no EDA items to be considered at this time)
X. ADMINISTRATIVE AGENDA
A. City Attorney
B. City Council Comments
C. City Administrator
D. Director of Public Works
E. Director of Community Development
XI. . VISITORS TO BE HEARD (for those persons not on the agenda)
XII. CLOSED SESSION
XIII. ADJOURNMENT
4 01 � City of Eagan mgm
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: APRIL 15, 2011
SUBJECT: AGENDA INFORMATION FOR APRIL 20, 2011 CITY COUNCIL MEETING
ADOPT AGENDA
After approval is given to the April 20, 2011 City Council agenda, the following items are in
order for consideration.
3
Agenda Information Memo
April 20, 2011 City Council Meeting
RECOGNITIONS AND PRESENTATIONS
A. SPECIAL 150 ANNIVERSARY AWARDS AND RECOGNITIONS
I:T4I 1161 V 11111 -30111 4I1W9 0411
There is no formal action to be taken. The purpose of the agenda item is to recognize three recent awards that
have been bestowed upon the City and individuals involved with the 150` anniversary celebration in 2010.
FACTS:
Local Government Innovation Award —City of Eagan
• On April 13, 2011, the City of Eagan was presented with a Local Government Innovation Award (LGIA) at the
Humphrey School's Public and Nonprofit Leadership Center for the City's efforts in the 150` Anniversary
Food and Fund Drive.
• Mayor Maguire accepted the award on the City's behalf.
• Lisa Horn, Executive Director of the Eagan Resource Center, submitted the award nomination on the City's
behalf.
• The Humphrey School's Public and Nonprofit Leadership Center partners with the Association of Minnesota
Counties (AMC), the League of MN Cities (LMC), and the MN School Boards Association (MSBA) to conduct
the local government innovations awards competition.
• There were more than 30 award nominations submitted from across the state and 13 projects were selected as
winners. The award recognizes outstanding cities, counties, and schools in Minnesota that demonstrate results
in improving local services.
• The City received a plaque in recognition of the award, which will be presented to the City Council by Lisa
Horn at the April 20 City Council meeting.
Dakota County Public Health Achievement Award — Dianne Miller
• On April 5, 2011, the Dakota County Board of Commissioners presented the 2011 Public Health Individual
Achievement Award to Dianne Miller, Assistant to the City Administrator, for her coordinating, "behind the
scenes" role in organizing the 150` food drive.
• The award was instituted to recognize contributions from community groups, individuals, and youth to promote
the health and well being of the citizens of Dakota County.
• Dianne will be present at the April 20 meeting should the City Council wish to acknowledge the award and
present the plaque given to her by Dakota County.
Star of the North Award —Scott Swenson
• On April 19, 2011, Eagan resident and 150` Anniversary Volunteer Chair Scott Swenson was presented with
the Star of the North Award from Congressman John Kline.
• The award is given to residents of Congressman Kline's district who perform random acts of kindness or assist
others in need.
• A certificate of recognition from the United States Congress was given to Mr. Swenson to recognize him for his
service to the community.
• At the City's request, Mr. Swenson will be in the audience at the April 20 meeting so the City Council can
recognize him for his deserving award.
ATTACHMENTS:
• Enclosed on pages A— through i ? is the press release from the Humphrey School of Public Affairs
announcing Eagan's award, as well as a copy of the program from the April 13 awards ceremony, which
summarizes the winning innovations.
• Enclosed on page is a congratulatory letter to Dianne Miller, as the recipient of the 2011 Dakota County
Public Health Achievement Award, in the Individual category.
• Enclosed on page�b is a letter to Scott Swenson from Congressman John Kline, congratulating him on
receiving a Star of the North Award.
HUMPHREY SCHOOL OF PUBLIC AFFAIRS
FOR IMMEDIATE RELEASE CONTACT: Anne Mason
Monday, April 11, 2011 612 - 625 -9436, pmason(aumn.edu
Eagan 150th Anniversary Food and Fund Drive Recognized
for Innovative Local Government
To be honored at April 13 ceremony at the Humphrey Center
Minneapolis, MN (04/11/11) – The Humphrey School's Public and Nonprofit Leadership Center
(PNLC) announced today that Eagan's 150th Anniversary Food and Fund Drive has won a Local
Government Innovation Award (LGIA), which recognizes outstanding cities, counties, and schools in
Minnesota that demonstrate results in improving local services.
The City of Eagan set out to celebrate 150 years since its founding and recognized there were many
families struggling to meet basic needs. With this in mind, the Eagan 150th Anniversary Executive
Board embarked on a remarkable goal of rallying the entire community to serve hungry families by
raising food and funds for two local food shelves.
"Eagan is pleased to receive an innovation award for the second straight year," says Eagan
Mayor Mike Maguire. "Even more so because this one honors the giving nature of our citizens
and businesses."
"I'm so proud that this community was able to honor its 150th by generously giving to fight
hunger," says Scott Swenson, chair of Eagan's 150th Volunteer Committee. "It shows the power
of what all of us— citizens, businesses, churches, clubs and city staff —can accomplish by
working together."
Winners will be honored at an awards ceremony from 3 to 5 p.m. on April 13 at the Humphrey Center.
The event is open to the public, and will be followed by an informal reception. To RSVP to the awards,
please e-mail heal2x004(&umn.edu
PNLC partnered with the Association of Minnesota Counties (AMC), the League of Minnesota Cities
(LMC), and the Minnesota School Boards Association (MSBA) to conduct the 2010 -11 Local
Government Innovation Awards competition.
This cycle of awards, together with the recently released Local Government Innovation and Redesign
Guide, are part of PNLC's mission to enhance the ability nonprofit, philanthropic, and public sector
organizations to work together —and with the private sector —to advance the common good and serve
the public interest.
This year's awards focus on service redesign. Winners were selected for innovative work that
integrated redesign strategies, such as creating greater accountability; using incentives, charges, and
targeting; funding consumers; and other innovative strategies.
More Information and a full list of award winners available at http://www.hhh.umn.edu/features/
LGIA Winners.html.
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I
REPLY TO: Public Health Department
❑ 1 Mendota Rd W Ste 410 Patricia Adams, Director
West St. Paul, MN 55118
651.554.6100
FAX 651.554. "Partnering to build healthy families and healthy communities"
wwve.co.dokoto.mn.us
March 24, 2011
Dianne Miller, Assistant Administrator
City of Eagan
Eagan Municipal Center
3830 Pilot Knob Road
Eagan, MN 55122
Dear Ms. Miller:
REPLY TO:
® 14955 Golaxle Avenue W
Apple Valley, MN 55124
952.891.7500
FAX: 952.891.7565
Congratulations on your selection as the 2011 recipient of the Public Health Achievement Award in
the Individual category! This award was instituted to recognize contributions from community groups,
individuals and youth to promote the health and well being of the citizens of Dakota County.
We invite you and your guests to attend the April 5, 2011 meeting of the County Board of
Commissioners to receive formal recognition of your services. The presentation will be at
approximately 10:00 a.m. in the Board Room of the Government Center in Hastings. We suggest you
arrive about 15 minutes prior to that time. A reception in the lobby will follow the presentation.
Again, congratulations, and on behalf of the Dakota County Department of Public Health, thank you
for the valuable contributions you have made to the well -being of our residents.
Sincerely,
Bonnie Brueshoff, RN, PHN, MSN
Public Health Director
JOHN KLINE
2ND DISTRICT, MINNESOTA
COMMITTEE ON EDUCATION AND LABOR
SENIOR REPUBLICAN
COMMITTEE ON ARMED SERVICES
March 29, 2011
Mr, Scott Swenson
4100 Haven Hill Circle
Eagan, MN 55123
Dear Mr. Swenson,
m
UNITED STATES
HOUSE OF REPRESENTATIVES
1210 LONGWORTH BUILDING
WASHINGTON, DC 205515
(202) 225 -2271
101 WEST BURNSVILLE PARKWAY
SUITE 201
BuRNsvILLE, MN 55337
(952) 808 -1213
KLINE. HOUSE. GOV
Throughout the past year, local newspapers have reported numerous stories of Minnesotans
performing random acts of kindness and assisting others in need. You are one of those people.
To recognize your selfless efforts, I am inviting you and other volunteers in our district to my
Star of the North Award ceremony. A certificate of recognition from the United States Congress
is being prepared for you and will be presented to you that evening.
The award ceremony is Tuesday, April 19 at 6:30 p.m. The event will be held at;
Lakeville Area Arts Center
20965 Holyoke Avenue
Lakeville, MN 55044
To ensure your reservation, please RSVP by Friday, April 8 by calling Lynda Boudreau at 952-
808 -1213 or by email to Lynda .Boudreauna,mail.house.gov I would encourage you to bring
your family or friends with you to this ceremony, but seating is limited, so everyone must RSVP
in advance.
Additionally, the ceremony will include a presentation honoring the work done in our
community, Please share additional details of your project (outcome of the project, how you
became interested in the project), along with photos of your corn—m- unity project, and send them
via email to Lynda.Boudreau@a,mail.house.gov by Friday, April 8th
I look forward to seeing you at this exciting event.
Sincerely,
OHN KLINE
Member of Congress
/b
Agenda Information Memo
April 20, 2011 Eagan City Council Meeting
CONSENT AGENDA
The following items referred to as consent items require one (1) motion by the City Council. If the
City Council wishes to discuss any of the items in further detail, those items should be removed
from the Consent Agenda and placed under Old or New Business unless the discussion required is
brief.
A. APPROVE MINUTES
ACTION TO BE CONSIDERED:
To approve the minutes of the April 5, 2011 Regular City Council meeting as presented or
modified.
ATTACHMENTS:
• Minutes of the April 5, 2011 Regular City Council meeting are enclosed on pages
through Jj�—.
DRAFT
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
April 5, 2011
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, April 5, 2011 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Hansen, Tilley and
Fields. Also present were City Administrator Tom Hedges, Community Development Director Jon
Hohenstein, Public Works Director Tom Colbert, Administrative Services Director Gene VanOverbeke,
City Planner Mike Ridley, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira
Broyles.
AGENDA
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the agenda as
presented. Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
There were no recognitions and presentations.
CONSENT AGENDA
Items F and T were pulled from the Consent Agenda for discussion and separate action.
Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve the balance of
the Consent Agenda as presented. Aye: 5 Nay: 0
A. It was recommended to approve the minutes of the March 15, 2011 regular City Council meeting
and the March 8, 2011 Special City Council meeting as presented.
B. Personnel Items.
1. It was recommended to approve the hiring of Amy Grannes for the Clerical Technician II I
position in Community Development.
2. It was recommended to approve the hiring of Seasonal Employees in Parks and
Recreation.
C. It was recommended to ratify the check registers dated March 11, 2011, March 17, 2011 and
March 25, 2011 as presented.
D. It was recommended to approve change orders for the Fire Safety Center.
E. It was recommended to award bid for construction of a replacement fire engine.
F. Pulled for separate action.
G. It was recommended to set the interest rate for special assessments levied in 2011 at 5.0 %.
H. It was recommended to approve a change in management on the on -sale 3.2 percent malt liquor
(beer) license for West End Hunting Club, dba West End Hunting Club located at 535 Gun Club
Road.
I. It was recommended to set a public hearing for May 3, 2011 to consider the final assessment of
the delinquent utility bills and certify them to Dakota County for collection with property taxes.
J. It was recommended to approve a Joint Powers Agreement with the Minnesota Bureau of
Criminal Apprehension.
K. It was recommended to approve a Tree Maintenance Contractor License for P & C Tree Service,
15811 Lincoln Street. NE, Ham Lake, MN
L. It was recommended to approve a Tree Maintenance Contractor License for About Tree Care,
4749 Narvik Drive, Eagan.
City Council Minutes
April 5, 2011
Page 2
DRAFT
M. It was recommended to adopt a Resolution Approving a Premise Permit for the Eastview Hockey
Association to conduct lawful gambling at Time Out Restaurant, 2864 Highway 55.
N. It was recommended to adopt a Resolution approving an Exempt Permit for Pinewood Parent
Teacher Organization to conduct a raffle on May 13, 2011 at Pinewood Community School, 4300
Dodd Road.
O. It was recommended to approve a six -month extension of the Final Plat consisting of one parcel
upon approximately 6.7 acres located at 2101 Wuthering Heights Road, legally described as Part
of Government Lots 5, 6 and 7, and Outlot 1, Silver Bell Addition.
P. It was recommended to designate informational City - placed Eagan Funfest banners as
government signs.
Q. It was recommended to approve participation in the Twin Cities Regional Economic Development
Partnership and authorize a budget amendment for that purpose.
R. It was recommended to authorize preparation of preliminary plans for parking lot improvements at
3830 Sibley Memorial Highway in the Cedar Grove Redevelopment Area.
S. It was recommended to receive the bids for Contract 11 -02 (Citywide Street Improvements) and
award the contract to McNamara Contracting in the base bid amount of $1,831,922.86 and
authorize the Mayor and City Clerk to execute all related documents.
T. Item moved to New Business.
U. It was recommended to approve a Joint Powers Agreement with Dakota County for Digital
Elevation Data and authorize the Mayor and City Clerk to execute all related documents.
V. It was recommended to receive the Draft Feasibility Report for Project 1035, (Denmark Avenue
and Promenade Place — Traffic Signal and Street Improvements) and schedule a public hearing
to be held on May 3, 2011.
W. Item removed.
X. It was recommended to approve the temporary on -sale liquor license and waive the license fee
for the Trinity School at River Ridge for a Spring Benefit Dinner on May 13, 2011.
Y. It was recommended to set a public hearing for May 3, 2011 to consider the final assessment of
the delinquent weed cutting bills and certify them to Dakota County for collection with property
taxes.
Z. It was recommended to set a public hearing for May 3, 2011 to consider the final assessment of a
delinquent refuse removal bill and certify it to Dakota County for collection with property taxes.
AA. It was recommended to approve the off -sale liquor license for RCJC Enterprises, LLC, dba MGM
Wine & Spirits, located at 4182 Pilot Knob Road.
BB. It was recommended to approve the resolution authorizing the Chief of Police to approve
amendments to an existing Joint Powers Agreement.
CC. It was recommended to approve a Tobacco License for RCJC Enterprises, LLC, dba MGM Wine
& Spirits.
Item F. Approve the Yellow Ribbon Community Action Plan as prepared by the Eagan Yellow Ribbon
Team.
Mayor Maguire thanked the Yellow Ribbon Team for their efforts. Juli Johnson spoke on behalf
of the team regarding their Community Action Plan.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Yellow
Ribbon Community Action Plan as prepared by the Eagan Yellow Ribbon Team. Aye: 5 Nay: 0
Item T. Receive bids for Contract 09 -18 (Duckwood Drive Overpass — Bridge and Street Improvements)
and award the contract to Lunda Construction in the base bid amount of $4,526,172.03 and
authorize the Mayor and City Clerk to execute all related documents.
i3
City Council Minutes
April 5, 2011
Page 3
DRAFT
City Administrator Hedges introduced this item regarding the Duckwood Drive Overpass bridge
and street improvements. David Schroeder of Schroeder Construction addressed the Council
regarding the fact that his company had submitted a bid but was not selected. It was the
consensus of the Council to move discussion of this item to New Business.
Councilmember Bakken moved, Councilmember Fields seconded a motion to move Consent Item
T to New Business. Aye: 5 Nay: 0
There were no Public Hearings.
PUBLIC HEARINGS
OLD BUSINESS
ORDINANCE AMENDMENT — CITY OF EAGAN
City Administrator Hedges introduced this item regarding an Ordinance Amendment to City Code
Chapters 6, 7, 9 and 10 clarifying permit requirements and permissible activities for transient merchants.
City Planner Ridley gave a staff report.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an Ordinance
Amendment to City Code Chapters 6, 7, 9 and 10 clarifying permit requirements and permissible activities
for transient merchants. Aye: 5 Nay: 0
NEW BUSINESS
PLANNED DEVELOPMENT AMENDMENT, ON -SALE LIQUOR AND SUNDAY LICENSE
WILDCATS BAR AND GRILL
City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow
on -sale liquor in conjunction with a Class I restaurant at 1448 Yankee Doodle Road. City Planner Ridley
gave a staff report.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Planned
Development Amendment to allow on -sale liquor in conjunction with a Class I restaurant at 1448 Yankee
Doodle Road, legally described as Lot 1, Block 1, Bicentennial Addition, subject to the following
conditions: Aye: 5 Nay:0
1. The Planned Development Amendment shall be recorded at the Dakota County Recorder's Office
within 60 days of City Council approval.
2. On -sale liquor sales shall comply and be operated in accordance with all relevant state laws and
regulations.
3. Signage shall be subject to City Sign Code requirements.
Councilmember Tilley moved, Councilmember Cyndee seconded a motion to approve the On -Sale Liquor
and Sunday license for Wildcats Bar and Grill located at 1448 Yankee Doodle Road. Aye: 5 Nay: 0
DUCKWOOD DRIVE OVERPASS — BRIDGE AND STREET IMPROVEMENTS
�V
City Council Minutes
April 5, 2011
Page 4
DRAFT
City Administrator Hedges discussed receipt of the bids for Contract 09 -18, Duckwood Drive Overpass
(Bridge and Street Improvements). He noted that best value bidding has been in use in Eagan since
March 18, 2008. Assistant City Attorney Bauer summarized the best value bidding process and
methodology used for the project, noting all bidders were aware of the best value process being used.
Councilmembers discussed the bid process , rationale for use of the best value bidding. Public Works
Director Colbert summarized the difference between the lowest responsible bidder process versus the
best value solicitation of bids.
David Schroeder approached Council, noting Schroeder Construction submitted the lowest bid, but did
not realize the entire bidding process would need to be redone.
Councilmember Fields moved, Councilmember Hansen seconded a motion to receive bids for Contract
09 -18 ( Duckwood Drive Overpass — Bridge and Street Improvements) and award the contract to Lunda
Construction in the base bid amount of $4,526,172.03 and authorize the Mayor and City Clerk to execute
all related documents. Aye: 5 Nay: 0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There were no legislative / intergovernmental affairs updates.
ADMINISTRATIVE AGENDA
Councilmember Bakken commented on some cities that are charging their residents for emergency
services and noted he would not support such practices in Eagan if such approach was ever proposed.
He stated he disagrees with the cities' who are implementing such a process. City Administrator Hedges
noted that no such proposal has been considered or proposed in Eagan.
City Administrator Hedges discussed a Project Consulting Agreement with Five 9s Digital LLC for a
collocation / data center feasibility plan.
Communications Director Garrison addressed the Council about the project. Councilmembers discussed
the timeline.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve Project Consulting
Agreement with Five 9s Digital, LLC for Colocation /Data Center Feasibility Plan. Aye: 5 Nay: 0
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
15
City Council Minutes DRAFT
April 5, 2011
Page 5
ADJOURNMENT
Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:16
p.m. Aye: 5 Nay: 0
Date
Mayor
Deputy Clerk
6(e
Agenda Information Memo
April 21, 2011 Eagan City Council Meeting
B. PERSONNEL ITEMS
Item 1.
ACTION TO BE CONSIDERED:
Approve the hiring of Seasonal Employees in Parks & Recreation:
Name
Division
Job Title
Rebecca Prall
Community
Center
Guest Services
Amber Jacobson
Community
Center
Fitness Instructor
Robert Edwards
Parks & Rec
Park Laborer
Mike Hopkins
Parks & Rec
Park Laborer
Dave Jungers
Parks & Rec
Park Laborer
Maura Marko
Parks & Rec
Forestry Technician
Abraham Seiz
Parks & Rec
Park Laborer
Jason Wheeler
Parks & Rec
Park Laborer
Andy Koppang
Parks & Rec
Ballfield Attendant
Jeffrey Fruelel
Parks & Rec
Concessions
Kayla Hallin
Parks & Rec
Concessions
Andy Hughes
Parks & Rec
Concessions
Stacy Mellenbruch
Parks & Rec
Concessions
Jessica Reagan
Parks & Rec
Concessions
Robert Rausch
Parks & Rec
Park Laborer
Joe Carchedi
Parks & Rec
Ballfield Attendant
Matthew Steele
Parks & Rec
Park Laborer
1-7
Agenda Information Memo
April 205, 2011 Eagan City Council Meeting
C. RATIFY CHECK REGISTERS
ACTION TO BE CONSIDERED:
To ratify the check registers dated March 31, 2011 and April 7, 2011 as presented.
ATTACHMENTS:
Check registers dated March 31, 2011 and April 7, 2011 are enclosed without page
number.
Agenda Information Memo
April 20, 2011 City Council Meeting
D. APPROVE PROMOTION AT CASCADE BAY FOR MILITARY
FAMILIES
ACTIONS TO BE CONSIDERED:
To approve a promotion at Cascade Bay on two Tuesdays in the months of June, July, and
August to offer discounted admission after 4 p.m. to military families.
FACTS:
• Since 2010, per Council direction, the City offers free admission at the Eagan Community
Center for military families to FANtastic Saturdays on the first Saturday of each month, as
well as free admission to preschool open gym on the second Tuesday of every month.
• The Eagan Yellow Ribbon Team approached City staff about a similar promotion to be
offered at Cascade Bay this summer.
• It is proposed that Eagan military families who show proper military ID receive $3 /person
admission after 4 p.m. on the following dates:
• June 14
• June 21
• July 5
• July 19
• August 2
• August 16
• The Eagan Yellow Ribbon Team has expressed their appreciation to the City for considering
such a promotion for military families in Eagan.
ATTACHMENTS:
There are no attachments.
Jq
Agenda Information Memo
April 20, 2011 Eagan City Council Meeting
E. APPROVE ON -SALE SUNDAY WINE LICENSE FOR NGUYEN PHONG, DBA
CLASSIC SAIGON RESTAURANT, 1272 TOWN CENTRE DRIVE
ACTIONS TO BE CONSIDERED:
To approve the On -Sale Sunday Wine license for Nguyen Phong, dba Classic Saigon Restaurant,
located at 1272 Town Centre Drive.
FACTS:
➢ An On -Sale Sunday Wine license has been applied for by Nguyen Phong, who is the owner
of Classic Saigon Restaurant, located at 1272 Town Centre Drive.
➢ Nguyen Phong currently has an On -Sale 3.2 Malt Liquor (beer) and Wine license and is
applying to expand sales to Sunday.
➢ The application form has been submitted and deemed in order by staff.
ATTACHMENTS (0):
Iwo
Agenda Information Memo
April 20, 2011, Eagan City Council Meeting
F. APPROVE TEMPORARY ON -SALE LIQUOR LICENSE FOR THE
TWIN CITIES GOOD TIME SOFTBALL LEAGUE
ACTION TO BE CONSIDERED:
To approve a temporary on -sale liquor license for the Twin Cities Good Time Softball
League.
FACTS:
➢ The Twin Cities Good Time Softball League, a non - profit organization based in
Minneapolis, has applied for a temporary on -sale liquor license for its softball
tournament, the North Star Classic, scheduled for May 28 and 29, 2011 at the
Northview and Lexington/Diffley Athletic Fields.
➢ The North Star Classic tournament has been held in Eagan since 2004. For the past
seven years, the organization was granted a temporary liquor license by the City to
allow alcohol sales at this event.
➢ The organization has met the requirements for a temporary on -sale liquor license and
has submitted the required documentation. The application has been reviewed by
staff and the Police Department and has been deemed in order for approval.
➢ Following Council approval, the application will be forwarded to the Department of
Public Safety/Liquor Control Division for final approval.
ATTACHMENTS (0):
a)
Agenda Memo
City Council Meeting
April 20, 2011
CONSENT AGENDA:
G. Massage Therapy Establishment License — Beverly Lokensgard, A Touch of
Tranquility, 4651 Nicols Road
ACTION TO BE CONSIDERED:
Approve Massage Therapy Establishment License for Beverly Lokensgard, A Touch of
Tranquility, 4651 Nicols Road.
FACTS:
• Beverly Lokensgard has applied for a Massage Therapy Establishment License for a
business to be known as A Touch of Tranquility
• The massage therapy establishment will be located within at 4651 Nicols Road
• 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 Memo
City Council Meeting
April 20, 2011
CONSENT AGENDA:
H. Shows License for Sho Marketing, Inc. — Piccadilly Circus, to hold a circus at the
Eagan Civic Arena on May 14 — 15, 2011
ACTION TO BE CONSIDERED:
Approve a Shows License for Sho Marketing, Inc. to hold a Circus at the Eagan Civic
Arena on May 14 — 15, 2011
FACTS:
• Sho Marketing, Inc. from Sarasota, Florida has applied for a Show License to conduct a
circus (Piccadilly Circus) at the Civic Arena on May 14 — 15.
• Parks and Recreation staff have approved the rental of the Civic Arena.
• The circus will consist of a variety of performances that include elephants, ponies,
monkeys and kangaroos, along with pony and elephant rides, and face painting.
• The show will last 1.5 hours.
• All requirements of the application have been met and fees 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.
Q13
Agenda Memo
City Council Meeting
April 20, 2011
CONSENT AGENDA:
I. Exempt Permit for Eagan Athletic Association to conduct a raffle on May 8, 2011
ACTION TO BE CONSIDERED:
Adopt Resolution approving Exempt Permit for Eagan Athletic Association to conduct a raffle
on May 8, 2011 at the Lexington Diffley Fields.
FACTS:
• The Eagan Athletic Association (Eagan Wave Soccer Club) has applied for an Exempt
Permit with the Gambling Control Board to hold a raffle as listed above.
• All requirements of the application have been met and staff recommends approval.
ATTACHMENTS:
• A copy of the proposed resolution is attached as paged.
• The application is available for review in the Administration Department.
a�!
RESOLUTION
CITY OF EAGAN
APPLICATION FOR EXEMPTION FROM
LAWFUL GAMBLING PERMIT
EAGAN ATHLETIC ASSOCIATION
WHEREAS, the Eagan Athletic Association (Eagan Wave Soccer Club) has
applied for an Exemption from Lawful Gambling Permit; and
WHEREAS, the Eagan Police Department has reviewed the application and has
not identified any reason to deny; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan,
Dakota County, Minnesota, hereby approves the Exemption from Lawful Gambling
Permit for the Eagan Foundation to conduct a raffle on May 8, 2011 at the Eagan
Lexington / Diffley Athletic Fields.
CITY OF EAGAN
CITY COUNCIL
By:
It's Mayor
Attest:
It's Clerk
Motion by:
Seconded by:
Those in Favor: All
Those Against: None
Date: April 20, 2011
CERTIFICATION
I, Christina M. Scipioni, 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 20 day of April, 2011.
Christina M. Scipioni, City Clerk
-RS—
Agenda Information Memo
Eagan City Council Meeting
April 20, 2011
J. AUTHORIZE PREPARATION OF ORDINANCE AMENDMENT FOR
RESIDENTIAL RENTAL REGISTRATION
ACTION TO BE CONSIDERED: To authorize preparation of an ordinance amendment to
implement a rental registration program for residential properties.
FACTS:
• For a number of years, the City Council has included expanded property maintenance
efforts as one of its goals for the organization and the community. One aspect of this
effort relates to encouraging property maintenance for rental properties. The Public
Works Committee had discussed the potential for either rental property registration or
licensing in the past and had given preliminary direction to staff to investigate the topic
further.
• More recently, the topic was also identified as one of the priorities the Council asked the
staff to address as an outcome of the Opportunity Cities report. As a part of the
implementation of that direction, the Public Works Committee took up the matter again at
its meeting of March 25, 2011.
• Rental registration would involve a requirement that all owners of rental property, from
single family rental properties to apartment properties, register with the City to provide
current ownership and contact information for a City database. This information would
permit staff to make prompt contact with the responsible owner or manager for public
safety or code compliance issues, but it would not involve fees, interior inspections or a
form of permission that could be conditioned or revoked. It would serve primarily as an
information and contact tool, but a useful and effective one. For the tool to be most
effective, it would be important to have the registration renewed/contact information
updated on some rotating basis, perhaps annually or biennially. A number of second and
third ring suburbs including Apple Valley have a registration requirement and it does not
appear that it would be necessary to add staff to implement this tool.
• Rental licensing takes a number of forms that have been researched in the past. While it
does implement a renewable license procedure, which can permit consideration of
revocation if conditions such as repeat police calls or substandard living units justify it,
they also require a greater commitment of staff resources to implement and enforce over
time. The most thorough programs are those in the central cities, which require regular
license renewals and interior inspections of units. These programs typically involve
dedicated staffing and fee structures based on the number of units licensed in order to
cover the costs of inspections, records and related costs.
In consideration of the background provided and discussion with Community
Development and Police Department staff relative to current approaches to property
and activity issues at rental properties and the two options noted above, the Public
Works Committee determined that rental licensing does not appear to be necessary,
but that property owners, renters, neighbors and staff would be assisted by a data base
based on a registration program.
• The Committee recommended to the full City Council that the City begin the process
of preparing an ordinance amendment for a rental registration program.
ATTACHMENTS:
Excerpt from Council Public Works Committee Notes from March 25, 2011 on pages
through
Excerpt from
PUBLIC WORKS COMMITTEE MTG
FRIDAY, MARCH 25, 2011
EAGAN CITY HALL
CONFERENCE ROOMS 2 A/B
MEETING NOTES
The Public Works Committee of the City Council consisting of Councilmembers Cyndee Fields
and Paul Bakken convened the meeting at 7:30 a.m. Also in attendance were City Administrator
Tom Hedges, Director of Community Development Jon Hohenstein, City Planner Mike Ridley,
Director of Public Works Tom Colbert and Deputy Chief of Police Jeff Johnson.
The Committee members called the meeting to order and adopted the agenda as presented.
UPDATE REGARDING PRIVATE PROPERTY MAINTENANCE
Hohenstein overviewed information regarding rental registration or licensing, a topic that had
been discussed by the Committee previously, which had come up again through the Opportunity
Cities study process. The Committee discussed the differences between registration and
licensing and what issues would be addressed by each. Ridley distributed examples of
ordinances from the Cities of Apple Valley and Roseville and a copy of the on -line registration
form used by Apple Valley. He stated that the tool could be implemented in a manner similar to
the vacant property data base that would permit multiple departments to have access to the
contact information. He said that he believes any time required to build and maintain the
database would more than offset the time staff currently spends attempting to track down some
rental property owners to get compliance with various standards.
Johnson stated that the Police Department currently uses the repeat offender and nuisance
ordinances to cite owners for serious or frequent calls and for failing to correct conditions at
problem properties. He said that Police staff do not see a reason to consider licensing at this
point, but that a database of current owner and manager contact information could be useful for
officers as well. Hohenstein said that in addition to poorly managed problem properties, the
other reason cities have for licensing is to permit regular interior inspections of the living
condition of the units. He stated that to date, the City has not received any substantial number of
complaints about apartment conditions to the point that it appears to be a significant challenge.
It was noted that the few complaints the City has received have been dealt with by applying
property maintenance or other standards.
The Committee concurred that there does not appear to be a problem that justifies consideration
of a licensing ordinance, but that a registration program would be a low cost system of
improving the City's ability to contact someone responsible for a rental property when an
emergency or code enforcement situation requires it.
Public Works Committee Recommendation:
The Committee made the following recommendations to the City Council:
3 •
• Perform final research and proceed with implementation of a rental registration program to
compile current owner and manager contact information and make the data available to
public safety and code enforcement personnel.
Adiournment
The meeting adjourned at 8:30 a.m.
Agenda Information Memo
April 20, 2011 Eagan City Council Meeting
K. APPROVE RECORDS ACCESS AGREEMENT WITH MINNESOTA
DEPARTMENT OF VEHICLE SERVICES
ACTION TO BE CONSIDERED: Approve an agreement with the Minnesota
Department of Driver and Vehicle Services (DVS) to allow access to certain records and
authorize the Mayor and City Clerk to execute all related documents.
FACTS:
• The Engineering Division of the Public Works Department has initiated a pilot
program with the DVS to improve the accuracy of data related to motor vehicle
crashes which occur in the City of Eagan. If this Pilot Program is found to be
successful, other county and municipal agencies across the state will be allowed to
make use of the process.
• Annually, the Engineering Division analyzes large quantities of historical motor
vehicle crash data to determine general trends in crash and severity rates. Recently,
more detailed analyses of smaller quantities of historical crash data have been
performed to identify trends in crash types and contributing factors at specific
locations. The results of the analyses are then used to determine if potential
countermeasures are necessary and cost - effective.
• An overwhelming majority of the data contained in the historical crash reports is
accurate. However, the data relative to the crash location is sometimes inaccurate
reducing efficiency and effectiveness of this process.
• Currently, the DVS receives Motor Vehicle Crash Reports from across the state and
records the location of the crash based on information in the report. While this
process is relatively accurate for crashes which occur at major intersections, it is more
complicated and less accurate for crashes that occur at less major intersection and
non - intersection locations.
• The proposed Pilot Program would provide specific Public Works employee(s) access
to the DVS motor vehicle crash data so they can identify the actual crash location on
future motor vehicle crash reports for crashes which occur within the City. It is
anticipated that the accuracy of crash location data will be improved due to the
familiarity of City staff with the City's transportation network.
• The agreement has been reviewed by the City Attorney and Public Works Department
and is in order for favorable Council consideration.
mil•
Agenda Information Memo
April 20, 2011 Eagan City Council Meeting
CONSENT AGENDA:
L. APPROVE EASEMENT AGREEMENT WITH DAKOTA COUNTY
DNR WELL IN LEBANON HILLS REGIONAL PARK
ACTION TO BE CONSIDERED: Approve an Easement Agreement with Dakota
County allowing for the construction of a Minnesota DNR aquifer monitoring well
within a City drainage and utility easement located in the Lebanon Hills Regional
Park, and authorize the Mayor and City Clerk to execute all related documents.
FACTS:
• The Minnesota Department of Natural Resources (DNR) has initiated a project of
installing several deep aquifer monitoring wells throughout the metropolitan area
for long term management of the region's water supply system. One the desired
locations is situated in Dakota County's Lebanon Hills Regional Park near the
south end of Dodd Rd.
• Due to accessibility and terrain factors, the selected site also happens to be located
within an existing drainage and utility easement previously conveyed to the City
by the County for our storm drainage system, including a water quality
pretreatment pond adjacent to Marsh Lake. Subsequently, the County is requiring
approval from the City for the proposed joint use of the City's easement before
they will issue a well permit to the DNR.
• The proposed location has been reviewed by staff and an agreement has been
prepared incorporating all necessary restrictions and conditions required by the
City to protect the purpose and integrity of the City's storm drainage system and
related easement. The City Attorney has also reviewed the Easement Agreement
and found it to be in order for favorable Council consideration.
ATTACHMENTS:
• Easement Agreement with sketch, pages 3_ through c�Lp
• Location map, page 5 .
3,
EASEMENT AGREEMENT
This Easement is made between Dakota County, a political subdivision of the State of Minnesota referred
to as "County "), the Grantor, and the State of Minnesota, acting by and through the Commissioner of
Natural Resources (referred to as "DNR "), the Grantee.
The following recitals are a material part of this instrument:
A. The DNR desires to expand the observation well network throughout the state for the purpose of
obtaining geologic and hydrologic information.
B. County is the owner of land commonly referred to as the Lebanon Hills Regional Park located in
Dakota County, Minnesota, on which the DNR has determined it would be beneficial to gather
geological and hydrologic information.
C. The DNR desires to install, operate and maintain groundwater monitoring wells in Lebanon Hills
Regional Park for the purpose of collecting geological and hydrologic information.
D. The Commissioner of Natural Resources has the authority to conduct surveys, investigations, and
studies of waters of the state in order to implement the Commissioner's duties under Minn. Stat. §
103G.121.
NOW, THEREFORE, in consideration of the benefits to be achieved by the collection of geological and
hydrologic information, the following grants and agreements are made:
The Grantor hereby grants to the Grantee a perpetual easement for the installation, operation and
maintenance of up to six groundwater monitoring wells on the following described property,
together with the right of ingress and egress, to -wit:
An easement over and across that part of the Southeast Quarter of the Southwest Quarter of
Section 36, Township 27, Range 23, Dakota County, Minnesota, described as commencing at the
southwest corner of said Section 36; thence on assumed bearing of North 0 degrees 19 minutes 48
seconds East, along the west line of said Section 36, a distance of 1323.17 feet to the north line of
the South Half of said Southwest Quarter of Section 36; thence North 89 degrees 58 minutes 43
seconds East, along said north line of the South Half of the Southwest Quarter of Section 36, a
distance of 1914.61 feet to the westerly right of way line of Dodd Road; thence South 12 degrees
52 minutes 31 seconds West, along said westerly right of way line of Dodd Road, a distance of
lot
30.78 feet to the point of beginning of the easement to be described; thence South 89 degrees 58
minutes 43 seconds West a distance of 180.19 feet; thence South 0 degrees 00 minutes 30
seconds East a distance of 60.00 feet; thence North 89 degrees 58 minutes 43 seconds East a
distance of 166.47 feet to said westerly right of way line of Dodd Road; thence North 12 degrees
52 minutes 31 seconds East along said westerly right of way line a distance of 61.55 feet to the
point of beginning.
2. The Grantee will drill or auger test holes or groundwater monitoring wells on the above
described property for the purpose of measuring hydrologic parameters on a regular basis. This
will be accomplished in accordance with Minn. Stat. ch. 103I, Minn. R. ch. 4725, Dakota County
Ordinance No. 114 and any other applicable statutes, rules, regulations and ordinances. The test
holes will extend in the earth to depths which will enable the Grantee to obtain geologic and
hydrologic information. If hydrologic conditions are favorable, casing will be installed and the
test holes will become monitoring wells for the purpose of measuring hydrologic parameters
throughout the term of this Easement. In addition to the holes as outlined above, each monitoring
well will consist of the following physical characteristic and appurtenances, collectively
hereinafter called the "Structure ": A 4" diameter steel casing extending approximately 3 feet
above the land surface protected by an outer steel protective casing and up to 3 protective posts.
The Structure may also include equipment for automated recording and telemetry of hydrologic
parameters in and at the wells.
The Grantee is solely responsible for all costs associated with the excavation/installation,
operation and maintenance of the Structure. Grantee agrees to use existing access roads
whenever possible. No construction will begin in the easement area until the Dakota County
Parks Department has approved the plans and specifications, including site restoration to
approximate original condition, for work to be performed in the easement area.
Excavation and/or installation of the Structure shall begin within 60 days of the effective date of
this Easement unless otherwise mutually agreed to in writing by the Grantee and Grantor. Any
contractors utilized by the Grantee for the excavation/installation of the Structure shall be
required to procure general liability insurance in a minimum amount of $1,500,000 and naming
the Grantor as an additional insured thereunder.
The Structure shall be installed and maintained in a safe and workmanlike manner. Spoil material
used or derived from well drilling must not be allowed to wash off the site into the nearby
manmade storm water retention pond nor into nearby Marsh Lake. Noise and traffic must not
result in an unreasonable disturbance to park visitors and nearby private land uses.
5. In excavating/installing, operating and maintaining the Structure, the Grantee shall not interfere
with the easement area covered by that certain permanent stormwater ponding easement granted
by the County to the City of Eagan, Minnesota, recorded on August 15, 2002, as Document No.
1926085. Prior to commencement of any work by Grantee within its easement area, the Grantee
shall contact the City of Eagan and shall stake the area for any proposed well and structure. Any
well or structure, except for the protective posts, must be a minimum of 15 feet from the City's
existing storm sewer pipe and the above - ground structures must be constructed outside the high
water limits (elevation 906.4) of Marsh Lake (City Pond No. LP -22), and the water quality pond
that was constructed by the City within its easement area.
6. The Structure and all equipment and tools for the maintenance and use thereof placed in or upon
said described property shall remain the property of the Grantee and shall be removed, filled
and/or sealed by Grantee at its own cost and expense within a reasonable time after the
termination of this Easement. Upon removal, filling and /or sealing, the Grantee agrees to restore
the above described property as close as possible to the same state and condition existing prior to
the excavation and/or installation of the Structure and its appurtenances.
The Grantor and Grantee shall be liable for the acts of its officers, employees or agents and the
results thereof to the extent authorized by law and shall not be responsible for the acts of the other
party, its officers, employees or agents. The provisions of the Municipal Tort Claims Act, Minn.
Stat. ch. 466 and other applicable laws govern the liability of the Grantor. The provisions of the
Municipal Tort Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the liability of
the Grantee. This provision shall survive the expiration or termination of this Easement.
8. Results of the observation measurements will be made available by the Grantee to the Grantor.
9. This Easement shall become effective when all signatures required have been obtained and shall
continue in full force and effect until terminated by the Grantor or Grantee at any time with 60
days' written notice.
10. The Grantee assumes no liability for any contamination or other damages that may have occurred
on the property prior to the effective date of this Easement. Contamination which occurs after the
construction of the monitoring wells and is introduced into the acquifer because of the existence
of the monitoring wells shall be the sole responsibility of the Grantee.
IN WITNESS WHEREOF, and acting pursuant to County Board Resolution No. 11- —' the Chair of
the County Board and the Clerk to the Board have executed this Easement Agreement this day of
, 2011.
COUNTY OF DAKOTA
By:
Joseph Harris, Chair
Board of Commissioners
Kelly D. Olson
Sr. Administrative Coordinator to the Board
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
This instrument was acknowledged before me this day of , 2011, by Joseph
Harris, Chair of the Dakota County Board of Commissioner and Kelly D. Olson, Senior Administrative
Coordinator to the Board of Dakota County, a political subdivision of the State of Minnesota, on behalf of
the political subdivision.
Notary Public
EXIM
aim
DNR ACKNOWLEDGEMENT
The State of Minnesota, acting by and through the Commissioner of Natural Resources, Grantee
above - named, hereby accepts the grant of an easement for the installation, operation and maintenance of
groundwater monitoring wells and agrees to abide by the terms and conditions set forth therein.
STATE OF MINNESOTA )
)ss.
COUNTY OF RAMSEY )
(Printed name and title)
This instrument was acknowledged before me this day of , 2011, by
of the Minnesota DNR, an agency of the State of Minnesota,
on behalf of the State of Minnesota.
Notary Public
CITY OF EAGAN CONSENT
Pursuant to the terms of an Easement Agreement over the above - described property, recorded in
Dakota County, Minnesota, on August 15, 2002 as Document No. 1926085, consent is hereby given by
the City of Eagan, Minnesota for Dakota County to grant the easement as described in the above
agreement.
Mike Maguire, Mayor
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
Christina M. Scipioni, City Clerk
The foregoing instrument was acknowledged before me this day of ,
2011, by Mike Maguire, Mayor, and Christina M. Scipioni, City Clerk of the City of Eagan, a municipal
corporation of the State of Minnesota, on behalf of the corporation.
Drafted by /Return to:
Kathryn M. Keena
Assistant County Attorney
Attorney Reg. No. 20092x
Dakota County Judicial Center
1560 Hwy. 55
Hastings, MN 55033
(651) 438 -4438
Notary Public
Illustration of DNR Easement in Lebanon Hills Park.
Bill Olsen
Dakota County Water Resources Department
April 11, 2011
The proposed DNR easement is shown overlaid on a map of the prior sewer easement. This
figure also shows the actual sewer location and the approximate area in which the DNR
monitoring wells are currently planned to be located. The location of the first planned well was
staked on 4/4/2011, and is shown at the western end of the planned well location area.
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City of &PR g 3I Date: 04/13/2011
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Agenda Information Memo
April 20, 2011, Eagan City Council
M. EXTENSION OF FINAL PLAT APPROVAL ( NICOLS RIDGE 3
ADDITION AND NICOLS RIDGE 4 ADDITION) -- LENNAR
ACTION TO BE CONSIDERED:
To approve a three -month extension of the Final Subdivision approval for Nicols Ridge 3rd
Addition, to create one lot and one outlot, and Nicols Ridge 4 Addition, to create 41 townhome
lots and two outlots, upon approximately 6. 8 acres located south of Cedar Grove Parkway and
west of Cedar Grove Trail.
FACTS:
➢ The City Council originally approved both Final Subdivisions on March 1, 2011.
➢ The applicant has requested an extension of the Final Subdivision approvals for three months
to allow time to properly vacate easements before the new plats are recorded.
➢ Approval of the extension would set a new recording deadline of August 1, 2011.
ATTACHMENTS (2):
Location Map, page 52� F t
Letter from Applicant, Lennar, pag
3'�'
Location Map
Fort
State Park
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Subject Site
Woodhaven
Project Name: Nicols Ridge 3rd 814th Additions
Request: PD Amendment & Preliminary Subdivision
Case Nos.: 19- PA- 02- 01 -10; 19- PS- 01- 01 -10;
and 19- PS- 03 -02 -10
Feet
0 500 1,000 2,000
Legend
J
'}7.111 City Boundary
Parcels \
Parks
Buildings N
City of Eau
Map Area Extent
Julie Strid
From: Joe.Jablonski @lennar.com
Sent: Thursday, April 14, 2011 1:10 PM
To: Julie Strid
Subject: Nicols Ridge
Dear Ms. Strid -
Please allow this email to serve as a request to extend the approvals for Nicols Ridge 3rd and 4th. The reason for the
request is to allow time to properly vacate easements that were discovered by the County surveyor during Dakota
County's plat review. Clearing up the old easements will clean up the title moving foreword. Let me know if you have any
questions or concerns.
Thank you for your consideration.
LENNAIT
Joe Jablonski
MN Land
Lennar
ioe.iablonski@ len na r. com
www.lennar.com
Office Phone: 952- 249 -3014
Fax: 952- 473 -7401
935 East Wayzata Blvd.
Wayzata, MN 55391
RAI
Agenda Memo
April 20, 2011 City Council
N. APPROVE the 2011 Use Agreement for Blue Cross Blue Shield fields
ACTION TO BE CONSIDERED:
Approve the 2011 Use Agreement and authorize the Mayor and City Clerk to sign
the agreement with Blue Cross /Blue Shield (BCBS) that allows use of BCBS
property for community soccer games and related activities.
FACTS:
• The City, EAA and BCBS have a long history of working together to provide
field space for youth soccer games on the grounds of the BCBS main campus and
River Office complex.
• With the popularity of youth soccer, the spaces are critical elements of the overall
field plan
• The City provides turf maintenance at the sites during the soccer season
including, lining, mowing, fertilizing and seeding. Said costs are included in the
Parks operational budget.
• The City Attorney and Insurance Agent have reviewed and approved the
document.
• Both the City and EAA have provided certificates of insurance in prior years as
requested in the agreement and are able to do the same for 2011.
• EAA will also be signing the document.
ATTACHMENTS:
Copy of Use Agreement as pages
15
Land Use Agreement
This Land Use Agreement (the "Agreement "), effective as of the date of last signature, is
entered into by and between BCBSM, INC., dba Blue Cross and Blue Shield of Minnesota, a
Minnesota nonprofit health service plan corporation (hereafter "Blue Cross "), the City of
Eagan, Minnesota ( "City ") and the Eagan Athletic Association, a Minnesota non - profit
corporation ( "Association "), all collectively referred to as "the Parties ".
WHEREAS, City and Association desire limited temporary use rights for certain land owned by
Blue Cross within the City of Eagan, Minnesota, on which the Association will sponsor soccer
games, practices and related activities, and the City will set up, mow and otherwise maintain
soccer fields for said purposes; and
WHEREAS, Blue Cross wishes to support said activities of City and Association.
The Parties agree to the following:
1. Blue Cross grants to City and Association temporary use rights, for the limited purpose
of those activities listed above, to the land located at the north end of the Blue Cross
property at 3535 Blue Cross Road (the "Property").
2. To the fullest extent permitted by law, City and Association shall indemnify, defend and
hold harmless Blue Cross, its subsidiaries and affiliates, its trustees, officers, and
employees from and against all claims, demands, suits, actions, losses, damages,
injuries, liabilities, expenses, judgments, liens, encumbrances, orders, fines, penalties
and awards, including, without limitation, bodily injury to or death of any person or
damage to real property and /or tangible or intangible personal property, reasonable
attorneys fees, expert witness fees and court costs, (all of which are collectively referred
to as "Claims ") arising out of the maintenance or use of the Property.
3. City and Association each shall, at their own expense, maintain a policy of Commercial
General Liability Insurance (including contractual liability to cover the indemnify
provisions set forth in this Agreement) with limits of not less than $1,000,000 each
occurrence and medical expense coverage of not less than $1,000 per person. This
coverage shall contain a provision whereby the insurer agrees to provide Blue Cross
thirty (30) days written notice before cancellation or alteration. This insurance coverage
shall name Blue Cross as an additional named insured. Proof of such insurance shall be
provided to Blue Cross prior to exercise of the use rights granted to City and /or
Association.
4. City and Association shall maintain the Property in a condition appropriate for its
intended use as soccer fields, and shall take such measures as are reasonably
necessary and within their control (e.g., re- seeding, fertilizing) to return the Property to
its pre- Agreement condition upon termination of this Agreement.
5. Notwithstanding anything herein to the contrary, City's liability under this Agreement
shall be subject to statutory and other limits on municipal liability under Minnesota law,
and nothing in this Agreement shall be construed to alter or waive such limits.
6. The term of this Agreement shall be from April 1, 2011 through and including November
30, 2011.
Page 1 of 2
1�a
7. This Agreement may be executed in one or more counterparts, each of which will be
deemed to be an original. All executed counterparts taken together shall constitute one
agreement.
The Parties, through their respective authorized representatives, have read and fully understand
the terms of this Agreement, and agree to be bound by it.
City of Eagan
By:
Name:
Title:
Date:
Eagan
W
Association
Date:
City of Eagan
BY:
Name:
Title:
Date:
BCBSM INC.:
By:
Name: Colleen Connors
Title: Senior Vice President of Human
Resources and Facilities Services
Date:
Page 2 of 2
�3
Agenda Memo
April 20, 2011 City Council Meeting
O: APPROVE Shows License, Parade Permit, July 4 fireworks contract and waive fees
for July 4 Funfest Committee.
ACTION TO BE CONSIDERED:
Approve Shows License, Parade Permit, Show Permit for Fireworks, permit for
temporary 3.2 percent malt liquor (beer) license, waive fees for permits and for Central
Park Pavilion, Festival Grounds, Festival Grounds Pavilion, approve the 2011 contract
for July 4 Fireworks and authorize the Mayor and City Clerk to sign all appropriate
documents..
FACTS:
• The July 4th Funfest Committee has applied for a Parade Permit for the annual parade to
be held eastbound on Yankee Doodle Road from Highway 13 and terminating at the turn
into Central Park Community Center.
• The July 4 Funfest Committee has also applied for a Shows License to hold the annual
Funfest which features the parade, carnival, street dance, food booths, fireworks and
events to be held July 2 3 and 4 on the Central Park Festival Grounds and Pavilion
areas.
• RES has provided the July 4 fireworks display since 2007 and a two year bid was
approved in 2010. The actual contract cost is $24,500.
• The Eagan Lions Club has requested a temporary malt liquor (beer) license be issued to
them for the Fourth of July celebration, July 2 -4, 2011.
■ The application form has been submitted and deemed in order by staff.
Approval is contingent on receiving a certificate of insurance. The Eagan
Lions Club is requesting that the license fee be waived.
• The Committee is requesting use of the Central Park Pavilion for a Health and Wellness
event on Saturday, July 2 from 7:00 am - 2:OOpm and that the pavilion rental fee be
waived
• Total fees requested to be waived include the following:
• Shows License Fee: $25
• Parade Permit Fee: $25
■ Fireworks Permit Fee: $25
• Temporary 3.2 percent malt liquor(beer) license $25
• Central Park Pavilion: 1 /2 day rental $95 *3 days =$285
• Central Park Festival Grounds Pavilion: 1 /2 day rental =$95
• Central Park Festival Grounds: $154.00 *3 days = $462.00
ATTACHMENTS
• Letter from July 4 Funfest Committee on Page.
• Letter from Eagan Lions Club on Page � .
• Copy of RES Specialty Pyrotechnics contract on Pages'
11FIA
EAGAN'S
July 4th FYNFEST
www.eaganfunfest.com
March 3rd 2011
City of Eagan
I= lermits and Licensing
Mayor Maguire and the Council,
Eagan's July 4 Funfest Cornmittee thanks the City of Eagan for the continued
work and support to the committee for the Funfest event.
We are writing a formal request to ask that the fees be waived for permits for
Shows License, Parade Permit, and Show Permit for Fireworks and to waive all
fees for rental of the, Central Park Pavilion, Central I -lark Festival Grounds and
Pavilion for our annual event this year taking place July 2 " - 4" 2011.
Please advise of your decision on this matter. If you have additional question
please contact me below:
Larry Hilden, Chairman
Eagan's July 4 "' Funfest
P.O. Box 22 503
Eagan. MN 55122
651- 343 -7965 or email: lhilden @comcast.net
Thank you for your attention to this matter,
Larry Hilden
Chairman, Eagan's July 4` FUnfest
EAGAN LIONS CLUB
April 13, 2011
The Eagan Lions Club would like to request that the City of Eagan waive the
$25.00 fee for the Liquor License for the July 4 th Funfest.
Thank you,
Raleigh Seelig
RES Specialty Pyrotechnics
MAGIC IN THE AIR':
J
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t
DISPLAY CONTRACT AGREEMENT
THIS AGREEMENT, made and entered into on this 12th day of April, 2011 between RES Specialty
Pyrotechnics, Inc. hereafter referred to as the SELLER and City of Eagan, hereafter referred to as the
BUYER.
IT IS MUTUALLY AGREED BETWEEN THE SELLER AND THE BUYER AS FOLLOWS:
Service Provided
Date(s)
Time
Duration
Location
Event Sponsor
Outdoor Fireworks Display
Monday, July 4, 2011
10:00 PM (approximately)
26 -29 minutes (depending on intensity)
Eagan Community Center; Eagan, MN
City of Eagan
OBLIGATIONS OF SELLER:
SELLER shall provide all materials, equipment and personnel necessary to perform the above - mentioned
display.
SELLER is required and will comply with NFPA 1123, Code for Outdoor Display of Fireworks, 2010
edition and NFPA 1126, Pyrotechnics before a Proximate Audience, 2011 edition.
SELLER shall provide show liability insurance in the amount of $5,000,000.00 to cover the fireworks
display and cleanup.
SELLER shall include the BUYER, as co- insured on Certificate of Insurance.
OBLIGATIONS OF BUYER:
BUYER shall provide a suitable location for firing of the fireworks display.
BUYER shall provide and cover all costs for security, safety and cleanup at the display site.
TERMS AND CONDITIONS:
The terms of this agreement shall begin on the day of the signing of this agreement and shall conclude
upon the completion of the display. This agreement shall run no longer than one (1) calendar year.
However, if before the date of the scheduled performance, the BUYER has not performed fully its
obligations under the terms of this agreement or that the financial credit of the BUYER has been
impaired, the SELLER may cancel this agreement at any time.
In the event the BUYER does not perform fully all of its obligations herein, the SELLER shall have the
option to perform or refuse to perform hereunder, and in either event the BUYER shall be liable to the
SELLER for any damages, compensation or costs incurred including but not limited to attorney and court
fees in addition to the compensation herein.
The SELLER shall retain the right to stop or interrupt the display at any time if, in the opinion of the
SELLER, conditions have become unsafe. In event of rain, fireworks may be rescheduled at a mutually
agreeable date.
21595 286th Street • Belle Plaine, MN 56011 s
Phone: 952.873.3113 a Fax. 952.873.2859
47
PAYMENT:
Contracted amount: $24,500.00 inclusive of sales tax, if applicable.
Contracted amount includes fire watch and permit fee.
All payments shall be paid by BUYER to and in the name of RES Specialty Pyrotechnics, Inc. in the
form of a company check, certified bank check, money order, or cash.
CANCELLATION:
In the event the BUYER cancels this agreement any time during the contract period, the SELLER shall be
entitled to and receive 25% of the contracted fee for the remainder of the contract period plus
compensation for any pre- and post - production costs incurred.
THIS AGREEMENT is the whole agreement of the parties' above named. No representation inducement
or agreement has been given by one to the other to enter into this agreement other than expressly set
forth herein. This agreement shall not be altered, modified, or amended except in writing by a duly
authorized officer of each party.
IN WITNESS WHEREOF, the parties hereunto set their names on the day and year listed below.
CONTRACT VALID WHEN SIGNED BY AUTHORIZED PERSONS.
BUYER:
Title:
Signature:
Date:
SELLER: Ery Haman - RES Specialty Pyrotechnics
Title: Director of Business Development
Signature: rte---- i� .
Date: 4/12/2011
21595 286th Street . Belle Plaine, MN 56011 a Phone: 952.873.3113 • Fax: 952.873.2859
Ile
Agenda Memo
April 20, 2011 City Council Meeting
P. APPROVE Resolution to accept an MRAC grant from the Metropolitan Regional Arts
Council for summer programming and approve any necessary changes to the 2011
budget.
ACTION TO BE CONSIDERED:
Approve a resolution to accept an MRAC grant in the amount of $5,000 from the
Metropolitan Regional Arts Council for summer programming and approve any necessary
changes to the 2011 budget.
FACTS:
• Parks & Recreation secured a grant for $5,000 for summer arts programming to include:
■ Art Experience Tent at the Eagan Art Festival. This tent will offer on -going
demonstrations and hands -on activities for all ages. Demonstrations will include
pottery, painting, drawing or other medium. Hands -on activities will include a
community created project.
■ Eagan Art Festival kids tent. Expenses for staff and supplies for art projects for
children.
■ Eagan Art House open house in August. Activities to include public Raku firing,
Harvest of Art exhibit, hands on art activities, entertainment and refreshments.
■ Art classes for Dakota Woodlands adult residents and families in transition into
permanent housing.
■ Continue branding and marketing efforts of the "Art... Be a Part" campaign. This
is intended to encourage the community to participate in various art activities in
the community over the summer.
• The grant requires a 25% cash match totaling $1,250.
ATTACHMENTS:
Resolution on Page 57D
�9
CITY OF EAGAN
RESOLUTION
TO ACCEPT A GRANT FROM
THE METROPOLITAN REGIONAL ARTS COUNCIL
WHEREAS, Eagan Parks and Recreation offers several community wide art programs
and events during the year; and
WHEREAS, the City of Eagan applied for and received a $5,000 grant from the
Metropolitan Regional Arts Council for summer arts programs; and
WHEREAS, those 2011 programs include demonstrations and hands -on activities for all
ages at the Art Experience Tent at the Eagan Art Festival, staff and supplies for art projects for
children at the Eagan Art Festival kids tent, the Eagan Art House open house activities in August,
art classes for Dakota Woodlands adult residents and families in transition into permanent
housing and continued branding and marketing efforts of the "Art ... Be a Part" campaign; and
WHEREAS, the grant requires a 25% cash match by the City of Eagan totaling $1,250;
NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby
accept a grant of $5,000 from the Metropolitan Regional Arts Council for summer arts programs
including Art Experience Tent at the Eagan Art Festival, Eagan Art Festival kids tent, Eagan Art
House open house in August, Art classes for Dakota Woodlands residents and the continuation of
marketing efforts of the "Art..Be a Part" campaign.
CITY OF EAGAN
CITY COUNCIL
By:
Mayor
Attest:
City Clerk
Motion made by:
Seconded by:
Those in favor:
Those against:
Dated:
CERTIFICATION
I, Christina M. Scipioni, 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 20
day of April, 2011.
City Clerk
S�
Agenda Memo
April 20, 2011 City Council Meeting
Q. APPROVE repairs to the sidewalk outside the Oaks banquet room at the ECC,
authorize funding and approve a change to the 2011 budget.
ACTION TO BE CONSIDERED:
Approve repairs to the sidewalk outside the Oaks banquet room at the ECC authorize the
estimated $10,000 expenditure from the ECC Renewal and Replacement fund and approve a
change to the 2011 budget.
FACTS:
■ The sidewalk/walkway on the pond side of the ECC has experienced significant shifting creating
some challenging and sometimes dangerous height changes for people waking in that area. Some
shifting has occurred after past winters but not as significant as this year.
• Park Maintenance staff has looked at the situation and brought in a concrete expert to talk about
options that might be considered to correct the problem. Engineering staff who were involved in
the original site work were also consulted revealing that there is no granular fill under this area;
instead the existing soils were compacted in place as a cost saving measure.
• The shifting and heaving of the aggregate and concrete slabs closest to building have also created
some minor flooding of the Oaks during this year's snow and ice melt.
• After considering several options, the concrete contractor and maintenance staff is are proposing
to remove the aggregate closest to the building in front of the Oaks. The area would be graded
away from the building and established as plant or mulch beds rather than concrete or aggregate
for better drainage away from the building. Concrete walkways would be replaced at each exit
door from the Oaks to connect to the patio area.
• This proposed remedy is the least expensive at approximately $10,000. Much of the work would
be completed by maintenance staff with the concrete work completed by an independent
contractor.
■ This work was not budgeted in 2011 but because of the potential safety hazard of the mis- aligned
slabs it would be important to get this work done as soon as possible before the peak rental season
begins.
• When considering potential funding options for this expenditure, Director of Administrative
Services VanOverbeke offered an option of using the ECC renewal and replacement fund which
is adequately funded. Use of those funds would have no adverse impact on on -going operations.
■ When the ECC was originally built the City Council held back approximately $315,000 from
FF &E to seed the renewal and replacement fund. This fund is currently near $700,000 and is
funded at a rate of $158,000 /year, per City Council policy.
In the event the City Council would like to discus other funding sources or repair options, the
item should be pulled from the Consent Agenda for discussion.
S'
Consent Agenda Information Memo
April 20, 2011 Eagan City Council Meeting
R. AUTHORIZE SUBMITTAL OF US EPA BROWNFIELD SITE
GRANT VIA DAKOTA COUNTY — CITY OF EAGAN
ACTION TO BE CONSIDERED:
To Authorize submittal of Brownfield Assessment grant nomination forms to Dakota
County for candidate sites in the Cedar Grove Redevelopment Area.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
➢ Dakota County has received US Environmental Protection Agency (EPA)
Brownfields assessment grants to conduct environmental assessments on
brownfield sites for facilitating redevelopment of those sites by limiting upfront
costs for local governments or developers.
➢ The US EPA defines brownfield as "real property, the expansion, redevelopment,
or reuse of which may be complicated by the presence or potential presence of a
hazardous substance, pollutant, or contaminant."
➢ Up to three sites could be submitted for consideration and staff created
nomination forms for Competition Engines, Larson Automotive and U -Haul.
➢ Due to the submittal deadline of April 11, 2011, the three nomination forms have
been submitted.
ATTACHMENTS (1)
Summary sheet calling for nominations on page S3
Please fill out a Site Nomination Form for up to three sites that meet the criteria
listed below, where funding from U.S. EPA /Dakota County could potentially be W hat is a bro wn f ie l d ?
of use. Return your forms to Cathy Undem at Dakota County by April 11, 2011.
The purpose for this Initial solicitation is to identify five or six sites with the
The U.S. Environmental
highest potential for redevelopment. There will be more opportunities in the
Protection Agency
future to submit requests for additional sites.
defines a brownfield as
"real property, the
Hazardous substances and /or petroleum have been used or stored at many
expansion,
commercial and nearly all industrial properties. Therefore, many properties can
redevelopment, or reuse
meet the U.S. EPA definition for a brownfield when they are being targeted for
of which may be
redevelopment. Similarly, nearly all buildings constructed prior to 1980 may
complicated by the
have asbestos containing building materials, lead based paint, and /or other
presence or potential
hazardous building materials, which can require inspection and sampling for
presence of a hazardous
these materials as part of any redevelopment.
substance, pollutant, or
Brownfield site classification criteria:
contaminant."
e The City is interested in acquiring a property for future City use or
redevelopment but is short of funding to perform the necessary
environmental due diligence activities.
o The City acquired a property that was partially investigated but would
benefit from additional testing that would complete definition of the
nature and extent of contamination, enable environmental cleanup cost
to be estimated, and remove uncertainty that may be hampering
development.
a There is a site that is of current or recent interest to a developer, for
which the availability of funding for environmental assessment costs
would enhance the likelihood of the developer moving forward with
potential redevelopment.
a Sites that are abandoned and which are a significant blighting influence
and /or a potential threat to public welfare and /or the environment.
S:3
Agenda Information Memo
April 20, 2011 Eagan City Council Meeting
S. REOUEST MUNICIPAL STATE AID ROUTE DESIGNATION
ACTION TO BE CONSIDERED: Approve a resolution requesting the Minnesota
Commissioner of Transportation's approval of the designation of an existing street
segment on the City of Eagan's Municipal State Aid (MSA) roadway system.
FACTS:
• The MSA designation of a street enables the maintenance of an existing street and the
construction of a new street to be financed by the City's portion of the gas tax revenue
distributed by the State. Only 20% of the city's local street mileage is eligible for this
designation. Of the 47.10 miles allowed in Eagan, only 46.86 miles are so designated.
The difference of miles 0.24 miles is available for placement on the system.
• The addition of MSA designation for 120 Street, from Brooklyn Lane to the East
City Limits, is desirable to provide for a redistribution of MSA mileage to optimize
the City's MSA funding disbursement.
• After the above addition to the City's MSA system, a total of 0.07 miles is available
for designation within the City.
• The City of Rosemount will also designate 120 Street (Brooklyn Lane to East City
Limits) within their City limits as an MSA route. This segment is located in southeast
Eagan and meets the criteria of an MSA street in terms of location and function.
Designation of this segment will help provide financing for the maintenance and
improvement of this street.
• With this designation to the MSA system, the City of Eagan can continue to ensure
the City receives its maximum portion of the available annual gas tax appropriation.
ATTACHMENTS:
• MSA Street Designation Map, page557
S#
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Agenda Memo
City Council Meeting
April 20, 2011
CONSENT AGENDA:
T. Tree Maintenance Contractor License for Precision Landscape and Tree, Inc.
ACTION TO BE CONSIDERED:
Approve Tree Maintenance Contractor License for Valley Tree Service, 7600 West 146' St.,
Apple Valley
FACTS:
• Valley Tree Service has applied for a Tree Maintenance Contractor license and all
requirements of the application have been met and the fee has been paid.
• Staff recommends approval.
ATTACHMENTS:
None. The application is available for review in the Administration Department.
Agenda Memo
City Council Meeting
April 20, 2011
CONSENT AGENDA:
U. Tree Maintenance Contractor License for Treecology, LLC
ACTION TO BE CONSIDERED:
Approve Tree Maintenance Contractor License for Treecology, LLC, 4845 33` Ave. N., Golden
Valley
FACTS:
• Chris Romer, Treecology, LLC has applied for a Tree Maintenance Contractor license
and all requirements of the application have been met and the fee has been paid.
• Staff recommends approval.
ATTACHMENTS:
None. The application is available for review in the Administration Department.
'!;7
Agenda Information Memo
April 20, 2011 Eagan City Council Meeting
VI. OLD BUSINESS
A. ORDINANCE AMENDMENT — CITY OF EAGAN
ACTION TO BE CONSIDERED:
Approve Ordinance Amendment to City Code Chapter 11, Sect. 11.70, Subd. 29, and
11.60 relating to outdoor patio dining regulations.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
➢ Chapter 11.70 of the Eagan City Code sets forth zoning performance standards. The
intention of this code section is to guide development so as to develop a compatible
relationship of uses which depends upon certain standards being maintained.
➢ Businesses throughout the community continue to look toward outdoor dining to
expand and/or enhance their existing dining facilities.
➢ Currently, the Eagan City Code does not address outdoor dining as a permitted,
conditional or accessory use; although a number of restaurants located in Planned
Developments have initially included or have been amended to allow such use.
➢ The City Council directed staff to prepare an amendment at the January 4, 2011, City
Council meeting.
➢ City staff researched other metro communities' ordinances and also contacted
restaurants with existing outdoor patios in Eagan.
➢ An informational meeting for hotels and restaurants was offered on March 2, 2011.
➢ The Advisory Planning Commission held a public hearing on March 22, 2011 and
recommended approval of the PD Amendment.
ISSUES: None.
ATTACHMENTS (2):
Draft March 22, 2011 APC minutes, page_
Planning Report and Draft Ordinance Amendment, pag through&
se
Advisory Planning Commission
March 22, 2011
Page 6 of 10
D. Outdoor Patio Dining
Applicant Name:City of Eagan
Application:Ordinance Amendment
An Ordinance Amendment to City Code Chapter 11 relative to outdoor patio dining.
File Number: 01- OR- 04 -01 -11
Planner Thomas introduced this item and highlighted the information presented in the City Staff
report dated March 16, 2011. She noted the background and history.
Vice Chair Heaney opened the public hearing.
There being no public comment, Vice Chair Heaney closed the public hearing and turned the
discussion back to the Commission.
Member Piper questioned when a Conditional Use Permit would be required and-, if the language
in the draft ordinance allowed for someone to apply for two separate requests (e.g. a Class II
restaurant and /or a Conditional Use Permit).
City Planner Ridley stated the intent is to allow for both requests. Someone could apply for two
separate requests but they could be processed simultaneously„ Staff will verify with the City
Attorney's office that the language is appropriately written.
Member Dugan asked how staff would enforce the Ordinance if a Conditional Use Permit were
not in place.
City Planner Ridley explained that patios with restaurants that serve liquor would be evaluated
with the annual liquor license renewal and in situations where liquor is not served, staff would
work with the owner.
Member Piper; moved, Member Filipi seconded a motion to recommend approval of an
Ordinance Amendment as it pertains to Outdoor Patio Dining regulations.
All voted in favor. Motion carried 5 -0.
SSA
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: March 16, 2011
APPLICANT: City of Eagan
PROPERTY OWNER: N/A
CASE: 01- OR- 02 -01 -11
HEARING DATE: March 22, 2011
APPLICATION DATE: N/A
REQUEST: Ordinance Amendment — Outdoor PREPARED BY: Sarah Thomas
Patio Dining
LOCATION: City -wide
COMPREHENSIVE PLAN: N/A
ZONING: N/A
SUMMARY OF REQUEST
To amend the Ordinance as it pertains to Outdoor Patio Dining regulations.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.50, Subdivision 5 states, in part:
1. The provisions of this chapter may be amended by the majority vote of the council, except
that amendments changing the boundaries of any district or changing the regulations of any
district may only be made by an affirmative vote of two - thirds of all members of the council.
BACKGROUND/HISTORY
The City Code does not address outdoor dining as a permitted use; however, outdoor dining
continues to be an increasing trend. Outdoor patio dining is beneficial to the dining public as it
provides additional options and to the restaurateurs because it both expands and enhances the
existing facility.
At their regular meeting on January 4, 2011, the City Council directed staff to prepare an
amendment relating to outdoor patio dining regulations.
City staff surveyed a number of metro cities in order to review existing standards that have been
established in similar and /or proximate suburban communities.
Planning Report — Outdoor Patio Dining
March 22, 2011
Page 2
At City Council direction, staff offered an informational meeting held on March 2, 2011. City
staff worked with the Convention & Visitors Bureau (CVB) staff to contact hotels and
restaurants, as the CVB holds the most complete listing of restaurant contacts. Two e -mail
notifications were sent out prior to the meeting. One restaurant owner was present and is
considering an expansion of the existing outdoor patio dining on the site.
ANALYSIS
Based on the results from the survey, staff worked with the City Attorney's office to create a
draft ordinance that is designed to replicate the standards and expectations applied in previous
patio approvals with an eye towards minimizing bureaucracy and adverse impacts on
neighboring uses.
The draft ordinance (attached) is intended to establish reasonable and easy to understand criteria.
The key ordinance features: establish: location, hours of operation, parking requirements and
other performance standards.
ACTION TO BE CONSIDERED
To recommend approval of an Ordinance Amendment to Chapter 11 relative to Outdoor Patio
Dining regulations.
61
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY
CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY
ADDING SECTION 11.70 SUBDIVISION 29 AND AMENDING SECTION 11.60
REGARDING OUTDOOR DINING AREA REGULATIONS; AND BY ADOPTING BY
REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99.
The City Council of the City of Eagan does ordain:
Section 1 . Eagan City Code Chapter Eleven is hereby amended by adding Section 11.70,
subd. 29, to read as follows:
Subd. 29. Outdoor dining areas
A. Restrictions. All outdoor dining areas shall comply with this Subdivision. An outdoor
dining area in conjunction with a Class I or Class II restaurant is a permitted accessory use if the
restaurant is a permitted use in the zoning district and a conditional use if the restaurant is a
conditional use in the zoning district. Notwithstanding that an outdoor dining area may be a
permitted accessory use, an outdoor dining area that does not meet the special use setback from a
residential property or that provides seating for more than 24 persons shall be subject to a
conditional use permit or planned development approval as applicable.
B. Performance Standards and Requirements.
1. No portion of the outdoor dining area shall be located or occur within any public
right -of -way, including the sidewalks /trails, boulevard areas or streets.
2. The outdoor dining area shall meet the following setback requirements: 20 feet
from a public right -of -way, five (5) feet from side lot line, and five (5 ) from rear
lot line.
3. The outdoor dining area shall not interfere with anv pedestrian traffic or
walkways intended for the general public. A minimum 4 feet wide area shall
remain clear for pedestrian traffic on walkways and for entry into the restaurant
building and nd adjacent uses. An outdoor dining area shall not be permitted to be
located in or occupy any parking or other areas intended for vehicular traffic.
4. The outdoor dining area shall be handicap accessible and not restrict accessibility
in other areas inside or outside the restaurant.
5. The outdoor dining area shall be used subordinate to the principal restaurant
building.
i�
The outdoor dining area shall be kept in a clean and orderly manner. No food or
beverages may be stored outdoors, unless a suitable means for such storage has
been reviewed and approved by the City.
The hours of operation of an outdoor dining area shall be restricted to the hours of
operation within the principal restaurant's interior space. Notwithstanding the
foregoing the operation of business within an outdoor dining area shall not occur
between the hours of 1:00 am and 7:00 a.m. If an outdoor dining area is subject to
a conditional use permit or a planned development approval, the city council may
be more restrictive in the hours of operation based upon the proximity of the area
to residential dwelling units and upon considerations relating to the public health,
safety, and welfare of residents, businesses, and other uses near the restaurant
establishment.
8. The use of the outdoor dining area shall comply with all noise regulations in this
Code. If an outdoor dining area is subject to a conditional use permit or planned
development approval, the City Council may restrict days, hours, nature and
volume, and other aspects of entertainment in any outdoor dining area, including a
prohibition against all forms of music, radio, television, and other entertainment,
to protect the public health, safety, and welfare of residents, businesses and other
uses near the restaurant establishment.
9. A fence, constructed of color and material suitable for the intended use
surrounding the outdoor dining area shall be required if the outdoor dining area
provides seating for 24 or more persons or alcoholic beverages are served within
the outdoor dining area. If a fence is required, a fencing plan shall be submitted
with the site plan for the outdoor dining area for review and approval by the City,
10. If alcoholic beverages are served in the outdoor dining area, the restaurant
establishment shall have an on -sale alcohol license that specifically includes and
permits the sale or service of alcoholic beverages in the outdoor dining area. All
regulations in Chapter 5 of the Code shall apply and compliance shall be met.
11. The outdoor dining area must conform to all Fire and Building Codes related to
the number and types of exits that are required.
12. The parking regulations related to minimum required spaces for the restaurant
establishment, plus one (1) stall for every twelve (12) seats within the outdoor
dining area of more than 24 seats, as set forth in this Chapter shall apply and
compliance met.
13. All sewer availability charges imposed as a result of additional seating in the
outdoor dining area shall be paid prior to the operation of any business within the
outdoor dining area
/t3
Section 2 . Eagan City Code Chapter Eleven is hereby amended by adding Section 11.60,
subd. 10 (C)(9), to read as follows:
9. Restaurants - -Class I only those granted a permit according to applicable City Code
provisions to serve 3.2 beer or wine and an outdoor dining area in conjunction therewith,
subject to the regulations thereof elsewhere in this chapter.
Section 3. Eagan City Code Chapter Eleven is hereby amended by adding Section 11.60,
subd. 11 (C)(15) and (D)(8), to read as follows:
C. Conditional uses.
15. Restaurants —Class II and any outdoor dining area in conjunction therewith,
subject to the regulations thereof elsewhere in this chapter.
D. Permitted accessory uses.
8. An outdoor dinina area in coniunction with a Class I restaurant, except an outdoor
dining area that does not meet the special use setback from a residential property or that
provides seating for more than 24 persons is subject to a conditional use permit or
planned development approval as applicable, and any outdoor dining area shall be subject
to the regulations thereof elsewhere in this Chapter.
Section 4. . Eagan City Code Chapter Eleven is hereby amended by adding Section 11.60,
subd. 12 (C)(9) and (D)(7), to read as follows:
C. Conditional uses.
9. Restaurants —Class II and any outdoor dining area in conjunction therewith,
subject to the regulations thereof elsewhere in this chapter.
D. Permitted accessory uses.
7. An outdoor dining area in coniunction with a Class I restaurant, except an outdoor
dining area that does not meet the special use setback from a residential property or that
provides seating for more than 24 persons is subject to a conditional use permit or
planned development approval as applicable, and any outdoor dining area shall be subject
to the regulations thereof elsewhere in this Chapter.
Section 5. . Eagan City Code Chapter Eleven is hereby amended by adding Section 11.60,
subd. 13 (C)(16) and (D)(8), to read as follows:
C. Conditional uses.
16. Restaurants —Class II and any outdoor dining area in conjunction therewith,
3
Lof
subject to the regulations thereof elsewhere in this chapter.
D. Permitted accessory uses.
8. An outdoor dining area in conjunction with a Class I or Class II restaurant, except
an outdoor dining area that does not meet the special use setback from a residential
property or that provides seating for more than 24 persons is subject to a conditional use
permit or planned development approval as applicable, and any outdoor dining area shall
be subject to the regulations thereof elsewhere in this Chapter.
Section 6 Eagan City Code Chapter Eleven is hereby amended by adding Section 11.60,
subd. 14 (D)(4), to read as follows:
4. An outdoor dining area in conjunction with a Class I restaurant, except an
outdoor dining area that does not meet the special use setback from a residential property
or that provides seating for more than 24 persons is subject to a conditional use permit or
planned development approval as applicable, and any outdoor dining area shall be subject
to the regulations thereof elsewhere in this Chapter.
Section 7. Eagan City Code Chapter Eleven is hereby amended by adding Section 11.60,
subd. 17(C)(8), to read as follows:
8. Restaurants —Class I and any outdoor dining area in conjunction therewith, subject
to the regulations thereof elsewhere in this chapter.
Section 8 . Eagan City Code Chapter Eleven is hereby amended by adding Section 11.60,
subd. 21 (C)(5) and (D)(4), to read as follows:
C. Accessory uses. *
5. An outdoor dining area in conjunction with a Class I restaurant, except an outdoor
dining area that does not meet the special use setback from a residential property or
that provides seating for more than 24 persons is subject to a conditional use permit
or planned development approval as applicable, and any outdoor dining area shall be
subject to the regulations thereof elsewhere in this Chapter.
D. Conditional uses. *
4. Class II restaurant and any outdoor dining area in conjunction therewith, subject
to the regulations thereof elsewhere in this chapter.
Section 9 . Eagan City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 11.99, entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated
verbatim.
1/0
Section 10 . Effective Date. This ordinance shall take effect upon its adoption and
publication according to law.
ATTEST:
CITY OF EAGAN
City Council
By: Christina M. Scipioni
Its: City Clerk
Date Ordinance Adopted:
Date Ordinance Published in the Legal Newspaper:
Date of Advisory Planning Commission Hearing:
By: Mike Maguire
Its: Mayor
5
0
Agenda Information Memo
April 20, 2011 Eagan City Council Meeting
B. ORDINANCE AMENDMENT — CITY OF EAGAN
ACTION TO BE CONSIDERED:
Approve Ordinance Amendment to City Code Chapter 11 relating to senior housing
parking standards.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
➢ Demand for, and interest in developing, various types of senior housing is expected
to continue to increase.
➢ Currently, except for nursing homes, the Eagan City Code does not address parking
requirements for senior housing. All other residential facilities have historically
been reviewed against multiple- family residential, such as apartments.
➢ The City Council directed staff to prepare an amendment at the February 15, 2011,
City Council meeting.
➢ Staff surveyed a number of metro cities regarding this type of use and requirements.
In most cases, senior housing developments required less parking.
➢ While reviewing the City Code, staff became aware of the narrowness of the
definition for daycare, which excluded adult daycare.
➢ The proposed amendment includes a revised daycare definition and also establishes
a parking requirement for daycare uses.
➢ The Advisory Planning Commission held a public hearing on March 22, 2011 and
recommended approval of the PD Amendment.
ISSUES: None
ATTACHMENTS (2):
Draft March 22, 2011 APC minutes, page 69
Planning Report and Draft Ordinance Amendment, page through
b7
Advisory Planning Commission
March 22, 2011
Page 7 of 10
E. Senior Housing Parking Standard
Applicant Name:City of Eagan
Application: Ordinance Amendment
An Ordinance Amendment to Chapter 11 relative to senior housing parking standards.
File Number: 01- OR- 06 -02 -11
Planner Thomas introduced this item and highlighted the information presented in the City Staff
report dated March 16, 2011. She noted the background and history.
Vice Chair Heaney opened the public hearing.
There being no public comment, Vice Chair Heaney closed the public hearing and turned the
discussion back to the Commission.
Member Filipi questioned why the ordinance would require underground parking as opposed to
enclosed.
Planner Thomas explained that requiring half of the required parking to be underground was
based on the specific premise that the clientele expected to use the parking would prefer a
climate - controlled environment and, generally, that the requirement would reduce the footprint
and impact of the development.
Member Piper moved, Member Jansma seconded a motion to recommend approval of an
Ordinance Amendment as it pertains to senior housing off-street parking standards.
All voted in favor. Motion carried:
�0
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: March 16, 2011
APPLICANT: City of Eagan
PROPERTY OWNER: N/A
REQUEST: Ordinance Amendment — Senior
Parking Standards
LOCATION: City -wide
COMPREHENSIVE PLAN: N/A
ZONING: N/A
SUMMARY OF REQUEST
CASE: 01- OR- 06 -02 -11
HEARING DATE: March 22, 2011
APPLICATION DATE: N/A
PREPARED BY: Sarah Thomas
To amend Chapter 11 of the City Code as it pertains to senior housing off - street parking
standards.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.50, Subdivision 5 states, in part:
1. The provisions of this chapter may be amended by the majority vote of the council, except
that amendments changing the boundaries of any district or changing the regulations of any
district may only be made by an affirmative vote of two - thirds of all members of the council.
BACKGROUNDIHISTORY
The City Code establishes minimum required off - street parking requirements for various uses.
For uses not specifically listed in the ordinance, the review is based on similar uses.
Over the past several years, City Staff has seen a demand for, and interest in developing,
different varieties of senior housing and we expect the interest to continue.
Currently, the Eagan City Code does not address parking requirements for senior housing, other
than for nursing homes. All other facilities are currently reviewed against multiple - family
residential, such as apartments; however, City staff believes the City Code should reflect realistic
standards when determining adequate off - street parking requirements for senior living facilities.
NO&
Planning Report — Senior Housing Parking Standards
March 22, 2011
Page 2
Additionally, during review of the definitions section of the City Code, staff became aware of the
narrowness of the "daycare" definition in that it only addressed children and did not include
adults. The amended definition and a new daycare facility parking standard has been included
with this ordinance amendment.
At their regular meeting on February 15, 2011, the City Council directed staff to prepare an
amendment relating to parking requirements for senior housing.
ANALYSIS
Staff surveyed a number of metro cities regarding this type of use and requirements. In most
cases, senior housing developments required less parking. The resulting draft ordinance was
designed to recognize the reduced parking demand associated with senior housing.
City staff worked the City Attorney's office on the ordinance language. Attached is the draft
language that represents the proposed modifications to the City Code.
ACTION TO BE CONSIDERED
To recommend approval of an Ordinance Amendment to Chapter 11 relative to senior housing
parking standards.
--)n
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY
CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY
AMENDING SECTIONS 11.30 AND 11.70, SUBD. 5, REGARDING DEFINITIONS FOR DAY
CARE FACILITY AND SPECIAL RESIDENTIAL FACILITY AND MINIMUM REQUIRED
OFF - STREET PARKING; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE
CHAPTER 1 AND SECTION 11.99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code, Chapter 11, is hereby amended by amending the following
definition in Section 11.30 to read as follows:
Day care facility means a facility licensed by the state or county, public or private, which,
for gain or otherwise, regularly provides care of one or more ehi-ldFen persons (child or adult) on
a regular basis, for periods of less than 24 hours per day, in a place other than the eh44 person's
own home.
Section 2. Eagan City Code, Chapter 11, is hereby amended by adding the following
definition to Section 11.30 to read as follows:
Special residential facility means a structure or several structures developed as a single
facility in which residential housing is provided for persons with special living or care needs,
based on age or disabilities, including but not limited to facilities that provide for or are
independent living units; assisted living housing; memory and dementia care; youth supportive
housing; or nursing home, convalescent home, sanitarium or other full care facility.
Section 3. Eagan City Code, Chapter 11, is hereby amended by adding Section 11.70,
Subdivision 5, to read as follows:
Subd. 5. Minimum required off-street parking. The following minimum parking spaces
shall be provided and maintained by ownership, easement or lease, for and during the life of the
respective uses hereinafter set forth. Where a specific requirement is not stated, the council shall
determine the adequacy of parking when approving a site plan.
Minimum number of off - street parking spaces required.
A. Banks, savings and loans and financial institutions. At least one parking space for
each 250 square feet of gross floor area plus five stacking spaces for each drive -
through window.
B. Bowling alley. At least five parking spaces for each alley, plus additional spaces as
may be required herein for related uses such as a restaurant.
-7J
C. Church, club. At least one parking space for each three and one -half seats based on
the design capacity of the main assembly hall.
D. Convenience stores with and without motor fuel sales. At least one off - street parking
space for each 200 square feet of floor area.
E. Dav care facility. 'Wen (10) parking spaces, plus one (1) space for each 500 square feet
in the principal structure.
RF. Drive -in or drive - through food establishment. At least one space per 60 square feet of
gross floor area.
FG. Hospital. At least one and one -half parking spaces for each patient bed.
G Manufacturing, Industrial, fabricating or processing of a product. At least one
parking space for each 500 square feet of manufacturing space and one space for
each 250 square feet of office space.
14 Medical or dental clinic. At least three parking spaces for each staff doctor
practicing on the premises at any one time or one space for each 150 square feet of
gross floor area, whichever is greater.
U. Motel and hotel. At least one space for each dwelling unit or lodging room, plus one
additional space for each eight units. Additional spaces shall be required for liquor or
restaurant facilities.
4K. Motor vehicle service and repair. At least four off - street parking spaces plus two
off - street parking spaces for each service stall.
KL. Multiple dwellings, including townhouses, apartments and condominiums.
1. [Reserved].
2. No detached garages shall be permitted. All garages shall be attached or
underground.
3. On all buildings at least one enclosed or underground garage space per unit and
at least one outdoor parking space per unit shall be provided.
l M. Offices. At least one parking space for each 150 square feet of net leasable floor
area.
MN. Restaurants, cafes, bars, taverns, nightclubs. At least one parking space for each
three seats based on capacity design.
NO. Retail store. At least one off - street parking space for each 200 square feet of floor
area up to a total floor area of 10,000 square feet. At least one off - street parking
2
-7A
space for each 250 square feet of floor area between 10,001 and 30,000 square feet.
At least one off - street parking space for each 300 square feet of floor area thereafter.
0.
At least
.
b
P. Single- family dwelling. At least two enclosed parking spaces for each dwelling unit.
Q Special residential facility
1. Assisted Living Housing: At least one parking space for each unit of which 50%
of all required parking spaces shall be within an underground garage.
2. Independent Living Housing: See Multiple dwellings
3. Nursing home, convalescent home, sanitarium or other full care facility: At least
one parking space for each six beds for which accommodations are offered, plus one
additional parking space for each 15 beds.
@R. Theater. At least one parking space for each three seats.
RS. Two - family dwellings. At least two enclosed parking spaces for each dwelling unit.
ST. Warehousing, wholesaling, furniture stores, appliance stores. At least one parking
space for each 400 square feet of gross floor area up to 6,000 square feet and one
parking space for each 1,000 square feet of gross floor area over 6,000 square feet.
T11. Uses not listed. For those uses not specifically listed, the city shall determine an
appropriate standard based on similar uses.
UV. Proof of parking. The city may also consider a proof of parking when a business
can demonstrate a proposed use will not require the minimum number of spaces as
stated in this section. When parking is reduced, the city may require that area to be
reserved in open space for future parking needs.
Section 4 . Eagan City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 11.99, entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated
verbatim.
Section 5 . Effective Date. This ordinance shall take effect upon its adoption and publication
according to law.
r73
ATTEST:
CITY OF EAGAN
City Council
By: Christina M. Scipioni By: Mike Maguire
Its: City Clerk Its: Mayor
Date Ordinance Adopted:
Date Ordinance Published in the Legal Newspaper:
Date of Advisory Planning Commission Hearing:
4