11/15/2011 - City Council RegularAGENDA
EAGAN CITY COUNCIL
EAGAN MUNICIPAL CENTER BUILDING
NOVEMBER 15, 2011
6:30 P.M.
I. ROLL CALL AND PLEDGE OF ALLEGIANCE
P 3 II. ADOPT AGENDA
III. RECOGNITIONS AND PRESENTATIONS
IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made
for an item to be pulled for discussion)
f 4 A. APPROVE MINUTES
fit- B. PERSONNEL ITEMS
0 C. APPROVE Check Registers
D. APPROVE a Resolution accepting a donation from Bonfire's Restaurants of $662.70 for the
P. 1 7 Fire Department
t� E. APPROVE a Resolution accepting a donation from Wal -Mart of $500 for the Fire Department
�a) F. APPROVE a Resolution to accept a donation of a park bench to be located at Holz Farm
Pa3 G. APPROVE a Resolution to accept a donation of equipment for visually impaired people
O� H. AUTHORIZE Application of a Grant from the Metropolitan Regional Arts Council for a
Community Arts Grant
Q, I. AUTHORIZE Request for Speed Study by Minnesota Department of Transportation — Ames
Crossing Road
X41 J. APPROVE Final Payment for Contract 10 -10, South Water Treatment Plant
4 K. APPROVE Final Payment for Contract 11 -04, Citywide Sanitary Sewer Lining
P )G L. PRESENT Feasibility Report for Project 1047 (Johnny Cake Ridge Road South — Street
" i Overlay) and Schedule Public Hearing (December 20, 2011)
M. PRESENT Feasibility Report for Project 1078 (Johnny Cake Ridge Road North — Street
Overlay) and Schedule Public Hearing (December 20, 2011)
N. PRESENT Feasibility Report for Project 1079 (Denmark Avenue/ Clubview Drive — Street
Overlay) and Schedule Public Hearing (December 20, 2011)
O. PRESENT Feasibility Report for Project 1080 (Rahn Road — Street Overlay) and Schedule
�. 33 Public Hearing (December 20, 2011)
P. APPROVE Final Payment for Contract 10 -21, Trapp Farm Park Infiltration Basin
3� Q. APPROVE Change Order No. 1 for Contract 11 -08, Cedar Grove Boulevard (Street & Utility
Improvements)
f.3�R. APPROVE Membership Agreement with the National Joint Powers Alliance purchasing
cooperative
P, S. APPROVE Massage Therapy Establishment License for Jodee Jones, Cloud Nine Salon
and Spa, 1284 Town Centre Drive Suite 114
T. SCHEDULE a Public Hearing for December 6, 2011 for consideration of a Housing
Improvement Area for Coachman Oaks Condominium Homeowners Association
V. PUBLIC HEARINGS
t qO A. VARIANCE — Boston Court / Matthew Tolic- A 7ft Variance to the required 15ft rear yard
setback for a deck located at 3824 Boston Court
VI. OLD BUSINESS
1°.S5 A. APPROVE Ordinance Amendment relative to dog, cat, ferret and horse regulation
contained in Section 10.11 of Eagan City Code
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
City of Eap demo
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: NOVEMBER 10, 2011
SUBJECT: AGENDA INFORMATION FOR NOVEMBER 15, 2011 CITY COUNCIL MEETING
ADOPT AGENDA
After approval is given to the November 15, 2011 City Council agenda, the following items are
in order for consideration.
3
Agenda Information Memo
November 15, 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 November 1, 2011 Regular City Council meeting as presented or
modified.
ATTACHMENTS:
• Minutes of the November 1, 2011 Regular City Council meeting are enclosed on pages
through /5
4
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
NOVEMBER 1, 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, Hansen and Tilley. There were no visitors who wished to be heard.
A regular meeting of the Eagan City Council was held on Tuesday, November 1, 2011 at 6:30 p.m. at the Eagan
Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present
were City Administrator Tom Hedges, Assistant City Administrator Miller, Director of Administrative Services
VanOverbeke, Director of Community Development Hohenstein, City Planner Ridley, Police Chief McDonald, Fire
Chief Scott, Communications Director Garrison and Director of Parks and Recreation Johnson.
AGENDA
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented.
Aye: 5 Nay:0
RECOGNITIONS AND PRESENTATION
The City Council and Police Chief McDonald recognized Tom Schoenecker for his 20 years of service and
retirement from the City.
CONSENT AGENDA
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent Agenda as
presented. Aye: 5 Nay: 0
A. It was recommended to approve the minute of the October 18, 2011 regular City Council meeting
and the minutes of the October 11, 2011 Special City Council meeting as presented
B. PERSONNEL ITEMS
I . It was recommended to approve the hiring of Amy Grannes for Office
Supervisor /Administrative Assistant position at the Central Maintenance Facility
2. It was recommended to authorize replacement of the Clerical Technician III position in
Community Development
3. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation
4. It was recommended to accept the resignation of Wayne Schwartz, Utilities Superintendent,
and authorize his replacement
5. It was recommended to approve appointment of Darrin Bramwell, Fire Inspector, to Acting
Fire Marshal until further notice
6. It was recommended to approve the flexible spending account employee contribution limit to
increase from $3,000 /year to $3,500 /year
7. It was recommended to accept the resignation of Sergeant Tom Schoenecker and authorize
his replacement
8. It was recommended to authorize the appointment of Officer John Collins to Sergeant
9. It was recommended to authorize the replacement of John Collins with a new hire
C. It was recommended to approve Check Registers dated October 13, 2011 and October 20, 2011
as presented
E. It was recommended to award the Contract for Auditing Services for the 2011 -2012 financial
statements to Kern DeWenter Viere, Ltd. and to direct the Finance Committee to meet regarding
the new accounting standards related to the fund balance
F. It was recommended to approve the Funding Application from Dakota Valley Recycling to
Dakota County for the Community Landfill Abatement Funds and local negotiated initiative
funds to operate the 2012 Dakota Valley Recycling Program
G. It was recommended to approve a Contract extension with Design Nine for continuing consulting
on conduit/fiber installation and authorize a funding transfer
H. It was recommended to extend completion dates for Conditional Use Permit for property located
at 905 Yankee Doodle Road; 99 -cent Only Stores
As—
City Council Meeting Minutes
November 1, 2011
2 page
1. It was recommended to adopt a Resolution accepting a $300 donation from the Elko Speedway to
be used by the Eagan Police Department for K -9 training
J. It was recommended to approve a resolution accepting a Bulletproof Vest Partnership (BVP)
grant award from the Bureau of Justice Assistance in the amount of $13,457.29
K. It was recommended to adopt a Resolution accepting a $12,381.74 donation from the Eagan
Citizens Crime Prevention Association for the purchase of a speed trailer and tactical vests for
the Police Department's K -9's
L. It was recommended to approve an Amendment to the original 2009 Joint Powers Agreement
enabling Eagan Police Detectives to access funds for training, equipment and overtime through
the Community Oriented Policing Services (COPS), Child Sexual Predator Program Grant
administered by the Minnesota Bureau of Criminal Apprehension
M. It was recommended to approve the final payment for Contract 09 -04, Fish Lake Alum Dosing &
Settling Basin water quality improvements in the amount of $5,247.58 to Stocker Excavating,
Inc.
N. It was recommended to receive the draft Feasibility Report for Project 1085 (Denmark Avenue,
Promenade Place to Town Centre Drive — Intersection Traffic Control & Street Improvements)
and Schedule Public Hearing (December 6, 2011)
O. It was recommended to delegate authority to the City of Apple Valley to Select Black Dog WMO
Commissioner (Apple Valley -Eagan Representative) and Alternate
P. It was recommended to approve Cooperative Agreement No. 99780 with Minnesota Department
of Transportation for Project 1019 (I -35E Noise Wall - West Side of I -35E, North of Diffley
Road)
Q. It was recommended to approve a Resolution requesting the Minnesota Department of
Transportation to advance to the City of Eagan $2.0 million from the Municipal State Aid Road
Account
R. It was recommended to approve a Tobacco License for BK Discount Liquor, LLC, DBA BK
Discount Liquor, 1629 Lena Court
S. It was recommended to approve a Tobacco License for Prosperity Liquor, Inc., DBA T L
Liquors, 1565 Cliff Road Suites 18 & 19
T. It was recommended to approve an Off -Sale Liquor License for Prosperity Liquor, Inc., DBA T
L Liquors, 1565 Cliff Road Suites 18 & 19
U. It was recommended to approve an application for Exempt Permit for Eagan High School Boys
Lacrosse Booster Club to hold a raffle on March 15, 2012 at Eagan High School
V. It was recommended to approve a Temporary On -Sale Liquor License for People of Praise, MN,
Inc.'s Community Social on November 19, 2011
W. It was recommended to declare bicycles, unclaimed property and miscellaneous City property to
be surplus
X. It was recommended to ratify Central Commons Special Area Retail Market Absorption Study
Service Agreement with Maxfield Research to perform the Central Commons Special Area Retail
Market Absorption Study
Y. It was recommended to approve the Public Works Committee's recommendation regarding
Inflow & Infiltration Surcharge Appeals
Z. It was recommended to extend completion dates for Interim Use Permit for property located at
915 Yankee Doodle Road, Fleetpark, LLC
PUBLIC HEARINGS
CERTIFICATION OF DELINQUENT UTILITY BILLS
City Administrator Hedges discussed the final assessment roll for delinquent utility bills, noting there are currently
approximately 1223 utility bill accounts with delinquent payments. The assessable amount of these accounts is
$202,364.26.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion to the
Council.
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City Council Meeting Minutes
November 1, 2011
3 page
Councilmember Bakken moved, Councilmember Hansen seconded a motion to close the public hearing and approve
the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection
with property taxes. Aye: 5 Nay: 0
CERTIFICATION OF DELINQUENT FALSE ALARM BILLS
City Administrator Hedges discussed the final assessment roll for delinquent false alarm bills, noting there are
currently 11 properties with delinquent false alarm bills with an assessable amount of $2,365.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion to the
Council.
Councilmember Bakken moved, Councilmember Fields seconded a motion to close the public hearing and approve
the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County.
Aye: 5 Nay: 0
CERTIFICATION OF DELINQUENT NOXIOUS WEED, MOWING, REFUSE REMOVAL AND
BOARD -UP BILLS
City Administrator Hedges discussed the final assessment roll for delinquent noxious weed, mowing, refuse
removal and board -up bills, noting the City currently has 21 properties with an assessable amount of $10,144.80.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion to the
Council.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to close the public hearing and approve
the final assessment roll for delinquent noxious weed, mowing, refuse removal, and board -up bills and authorize its
certification to Dakota County. Aye: 5 Nay: 0
FINAL ASSESSMENT HEARING, PROJECT NO. 1049
WILDERNESS RUN ROAD — STREET OVERLAY
City Administrator Hedges introduced the item regarding the final assessment roll for Project 1049, Wilderness Run
Road street improvements. Director of Public Works Colbert gave a staff report.
Mayor Maguire opened the public hearing.
Tim Sheridan, 926 Oakwood Heights Circle, spoke on behalf of his homeowners' association in opposition to the
assessments.
City staff provided responses to the various questions and issues raised and the City Council then discussed further
the proposed assessments. Written letters of objection were submitted from Mr. Sheridan and a Mr. Brian Moss, 919
Oakwood Heights Circle.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the final assessment roll for
Project 1049, Wilderness Run Road street improvements and authorize its certification to Dakota County for
collection. Aye: 5 Nay: 0
FINAL ASSESSMENT HEARING, PROJECT 1043
BLACKHAWK POND — STREET OVERLAY
City Administrator Hedges introduced the item regarding the final assessment roll for Project 1043, Blackhawk
Pond/Murphy Parkway street improvements. Director of Public Works Colbert gave a staff report.
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the
Council.
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City Council Meeting Minutes
November 1, 2011
4 page
Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the final assessment roll for
Project 1043, Blackhawk Pond/Murphy Parkway street improvements and authorize its certification to Dakota
County for collection. Aye: 5 Nay: 0
FINAL ASSESSMENT HEARING, PROJECT 1038
ENGSTROMS DEERWOOD — STREET OVERLAY
City Administrator Hedges introduced the item regarding the final assessment roll for Project 1038, Engstroms
Deerwood Addition street improvements. Public Works Director Colbert gave a staff report.
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the
Council.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the final assessment roll for
Project 1038, Engstroms Deerwood Addition street improvements and authorize its certification to Dakota County
for collection. Aye: 5 Nay: 0
FINAL ASSESSMENT HEARING, PROJECT NO. 1021
PARK KNOLL ADDITION — STREET OVERLAY
City Administrator Hedges introduced the item regarding the final assessment roll for Project 1021, Park Knoll
Addition street improvements. Director of Public Works Colbert gave a staff report.
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the
Council.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the final assessment roll for
Project 1021, Park Knoll Addition street improvements and authorize its certification to Dakota County for
collection. Aye: 5 Nay: 0
FINAL ASSESSMENT HEARING, PROJECT NO. 1040
FAIRWAY HILLS — STREET OVERLAY
Mayor Maguire stated that he is proposed to be assessed under Project 1040 as a homeowner in the Fairway Hills
neighborhood and, thus, recused himself from the item and turned the meeting over to Acting Mayor Hansen. City
Administrator Hedges introduced the item regarding the final assessment roll for Project 1040, Fairway Hills
Addition street improvements. Director of Public Works Colbert gave a staff report.
Acting Mayor Hansen opened the public hearing.
Mike Maguire, 1331 St. Andrew Boulevard, commented on the proposed assessment.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the final assessment roll for
Project 1040 Fairway Hills Addition street improvements and authorize its certification to Dakota County for
collection. Aye: 4 Nay: 0 Abstention: 1 (Maguire)
OLD BUSINESS
There were no items for discussion.
NEW BUSINESS
INTERIM USE PERMIT — HIGH POINT CHURCH
City Administrator Hedges introduced the item regarding an Interim Use Permit for property located at 875 Blue
Gentian Road, legally described as Lot 4, Block 1, Robins 2 °d Addition. City Planner Ridley gave a staff report.
City Council Meeting Minutes
November 1, 2011
5 page
The applicant representing High Point Church addressed the City Council regarding the request for an Interim Use
Permit.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve an Interim Use Permit for
property located at 875 Blue Gentian Road, legally described as Lot 4, Block 1, Robins 2 nd Addition, subject to the
conditions listed in the APC minutes. Aye: 5 Nay: 0
1. The Interim Use Permit shall be recorded against the property at the Dakota County.
2. The permit shall expire five (5) years from the date of approval.
3. All signage shall be consistent with City Code requirements.
4. A building permit shall be obtained for interior remodeling and tenant finish work.
5. Any new rooftop or ground mounted mechanical units shall be subject screening requirements in the City Code.
6. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be
to determine that the conditions of the permit are within compliance. The interim use permit may be revoked
for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by
the City Council with all interested parties being given an opportunity to be heard.
CONDITIONAL USE PERMIT — MINNESOTA TRUCK & TRAILER
City Administrator Hedges introduced the item regarding a Conditional Use Permit to allow outdoor truck and
trailer repair, and sales with accessory outdoor storage, on property located at 3110 Mike Collins Drive. City
Planner Ridley gave a staff report.
Joe Laux, representing Minnesota Truck and Trailer, addressed the City Council regarding the request for a
Conditional Use Permit.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to
allow outdoor truck and trailer repair, and sales on property located at 3110 Mike Collins Drive, subject to the
conditions listed in the APC minutes. Aye: 5 Nay: 0
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City
Council.
2. All signage is subject to City Code requirements and the applicant shall receive a sign permit prior to
installation of new signs.
3. Trash containers shall be located indoors or within an enclosure that meets City Code requirements. A building
permit is required to construct a trash enclosure.
4. Any damage to the exterior walls shall be repaired as required by the MN State Building Code and site
compliance to the City Code shall occur by June 1, 2012.
5. The storage area in the southeast corner of the site shall be paved with bituminous surfacing and concrete curb
and gutter installed by June 1, 2012.
6. Existing landscaping shall be maintained. Vegetation that is failing or has died shall be replaced.
7. The existing light pole shall be removed and/or repaired. Additional lighting to provide site security shall be
submitted for review by City staff and installed no later than June 1, 2012 with footcandles added to ensure
compatibility at the right -of -way line.
8. Any changes to the mechanical equipment shall be consistent with the provisions of the City Code so that it is
not visible from the public right -of -way.
9. Building identification numbers shall be installed consistent with City Code Section 2.78.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to
allow accessory outdoor storage of trucks and trailers on property located at 3110 Mike Collins Drive, subject to the
conditions listed in the APC minutes. Aye: 5 Nay: 0
This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City
Council.
The outdoor storage shall be limited to the truck and trailer locations as identified on the Site Plan received
October 4, 2011 with a total of 18 truck stalls, 28 truck/trailer stalls and 18 auto parking stalls.
No additional outdoor storage shall be allowed.
City Council Meeting Minutes
November 1, 2011
6 page
4. No vehicles shall be parked overnight on public right -of -way.
5. The existing CUP dated September 4, 2001, shall be terminated.
REZONING AND PRELIMINARY PLANNED DEVELOPMENT — U -HAUL
City Administrator Hedges introduced the item regarding a Rezoning from Limited Industrial (I -1) to Planned
Development (PD) for property located at 2871 West Service Road. Hedges also introduced the item regarding a
Preliminary Planned Development for a moving and storage facility located at 2871 West Service Road. City
Planner Ridley gave a staff report.
Samantha Keating, representing Amerco Real Estate (U -Haul International), addressed the City Council regarding
the request for rezoning and a preliminary planned development. Ms. Keating also requested the Council's
consideration of an additional fifteen (15) square feet to the overall size of the pylon sign proposed.
There was City Council consensus not to grant the additional square footage on the pylon sign.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Rezoning from Limited
Industrial (I -1) to Planned Development (PD) for property located at 2871 West Service Road. Nay: 5 Nay: 0
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Preliminary Planned
Development (PD) for a moving and storage facility located at 2871 West Service Road, subject to the conditions
listed in the APC minutes. Aye: 5 Nay: 0
1. The developer shall execute a Planned Development Agreement and record it against the property. The
following exhibits are required for the Agreement:
Final Site Plan
Final Building Elevations
Final Site Lighting Plan
Final Landscape Plan
Final Signage Plan
Storm Drainage/Utilities
2. This development shall manage storm water and protect water quality from the new outdoor storage/ parking
areas by meeting requirements for design standards, minimizing impervious surface area and maximizing
infiltration and retention, acceptable complementary storm water treatments, storm water treatment ponds,
regional ponds, and maintenance of private storm water facilities in accordance with the current City post
construction storm water regulations.
Landscaping
3. The Final Landscape Plan shall identify additional foundation plantings, a variety of overstory trees as well as
vegetation along the west property line.
4. The Final Landscape Plan shall clarify the amount of green space and show planting details and specifications.
5. All landscaped areas shall be irrigated.
6. The developer and owner shall enter into a maintenance agreement, in a form acceptable to the City Attorney,
providing for the long -term maintenance of the rain gardens.
Building Elevations
7. Building elevations for the storage units visible to the public right -of -way shall meet building material
requirements.
8. Building facades exceeding 40 feet in width shall be designed with multiple planes and sections of coordinating
materials or both to provide visual interest.
9. Any damaged block in the exterior walls shall be repaired as required by the MN State Building Code by June
1, 2012.
10. The applicant shall provide a revised elevation plan sheet for the storage units that meet City Code
requirements.
Siiznaee
11. Building signage shall meet City Sign Code requirements of three total signs on no more than two elevations.
12. The pylon sign shall not exceed 50 feet in height and shall comply with all other City Sign Code requirements.
13. Sign permits shall be obtained prior to installation for both the building and pylon signs.
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City Council Meeting Minutes
November 1, 2011
7 page
Parking /Outdoor Storage
14. If after review by the City, it is determined that additional on -site parking is needed due to extensive on- street
parking, additional on -site parking shall be provided or demand of parking reduced within one year of notice to
the Applicant or its successors or assigns.
15. The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor
storage and parking areas. Detailed plans for this grading work must be prepared and signed by a registered
professional engineer.
16. If an open - graded aggregate is used for the outdoor RV storage area, the site will be subject to periodic review
by City staff for adequacy of the material to control dust and drainage. The first review will occur two years
following approval of this permit. If the material is determined to be inadequate, the City will require that it be
replaced with bituminous asphalt.
17. All parking and storage areas shall be properly maintained to prevent deterioration.
18 The new areas of bituminous surface shall be constructed with perimeter concrete curb and gutter.
19. The existing bituminous surface on the site along Eagan Industrial Road (labeled on the site plan as a Shunting
(Area) is in poor condition, and shall be re- surfaced with bituminous.
Lim
20. Site Lighting shall be consistent throughout the development. All fixtures shall be downcast and shielded to
prevent glare. Pole — mounted fixtures shall not exceed 25 feet in height.
21 The applicant shall provide lighting plan specifications.
22. The Photometric plan shall be revised for the building permit application to show compliance with City Code
standards, and the standards identified in the planning report.
General
23. Mechanical equipment shall meet City Code screening requirements.
24. Building identification numbers shall be installed consistent with City Code Section 2.78.
25. Outdoor storage shall only be allowed as identified on the Site Plan received October 12, 2011.
26. Residential and commercial uses shall not be conducted within any rented U -Haul storage space.
27. A building permit shall be obtained for both the fence and gate.
28. Gate details shall be provided.
29. The gate shall not exceed eight feet in height.
30. The gate shall be kept in premium condition.
31. A lock box shall be provided on the gate to provide emergency vehicle access.
32. The trash enclosure shall meet City Code requirements.
33. An eight foot CMU wall provides the enclosure on the western and southern portion of the storage area. Details
of the eight foot CMU wall on the north and west property lines shall be provided for the building permit and
shall meet City Code requirements to break up expanses exceeding 40 feet in width.
34. Jersey barriers shall be located on the site as shown on the Site Plan received October 12, 2011.
PRELIMINARY SUBDIVISION AND PRELIMINARY PLANNED DEVELOPMENT — BCBSM, INC.
City Administrator Hedges introduced the item regarding a Preliminary Subdivision (BCBSM West Addition) to
create two parcels upon approximately 37 acres consisting of Lot 1, Block land Outlot A, Riverpark Office Center
located west of Yankee Drive and South of Yankee Doodle Road. Hedges also introduced a Preliminary Planned
Development to clarify allowable square footage for future development upon approximately 37 acres consisting of
Lot 1, Block 1 and Outlot A, Riverpark Office Center located west of Yankee Drive and south of Yankee Doodle
Road. City Planner Ridley gave a staff report.
Frank Fidler, representing BCBSM, Inc., addressed the City Council regarding the request for a preliminary
subdivision and preliminary planned development.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision
(BCBSM West Addition) to create two parcels upon approximately 37 acres consisting of Lot 1, Block land Outlot
A, Riverpark Office Center located west of Yankee Drive and South of Yankee Doodle Road. Aye: 5 Nay: 0
1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February
2, 1993: A 1, B4
2. The property shall be platted.
City Council Meeting Minutes
November 1, 2011
8 page
3. The applicant shall provide evidence of the appropriate declaration or easement agreements for shared driveway
access with the adjacent Comsery parcel prior to final subdivision approval.
4. The applicant shall provide evidence of shared parking agreements for review by the City Attorney prior to final
subdivision approval.
5. Cash park and trail dedications would be due for the undeveloped portion of the site to be paid at the time of
building permit at the rates then in effect.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Preliminary Planned
Development to clarify allowable square footage for future development upon approximately 37 acres consisting of
Lot 1, Block 1 and Outlot A, Riverpark Office Center located west of Yankee Drive and south of Yankee Doodle
Road, subject to the conditions listed in the APC minutes. Aye: 5 Nay: 0
1. A Preliminary Planned Development Agreement shall be executed and recorded against the property at the
Dakota County Recorder's office.
2. The property shall be platted.
3. This Planned Development allows for a total building area of up to 262,000 SF for office uses upon Lot 1,
Block 1, BCBSM West Addition.
4. Future development of Lot 1, Block 1, BCBSM West Addition will be subject to compliance with all City
ordinances and environmental regulations in effect at the time of such development including, but not limited
to, tree preservation, wetland protection, bulk standards for parking, green space, setbacks, architectural
materials, mechanical screening, etc.
5. Any further development on Lot 1, Block 1, BCBSM West Addition shall require a Final Planned
Development together with the following exhibits:
a. Site Plan
b. Landscape Plan
c. Building Elevation Plan
d. Utility Plan
e. Site Lighting Plan
6. This Amendment shall supplement and amend all prior Planned Development Agreements, including
Preliminary Planned Development Agreements.
7. The term of this Agreement shall be 15 years.
LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE
There were no items for discussion.
ADMINISTRATIVE AGENDA
CITY COUNCIL COMMENTS
Councilmember Bakken congratulated Gary Huusko on his 2 -year appointment to the ISD 196 School Board.
Mayor Maguire congratulated Justin Miller on his appointment as the Mendota Heights City Administrator. Maguire
also noted the comments shared by Mr. Joe Laux of Minnesota Truck and Trailer complimenting the City Council
for their professionalism.
CITY ADMINISTRATOR
City Administrator Hedges noted the request to approve the change orders for City conduit and fiber (Contract 1I-
14) was intended to be considered as a consent agenda, but was not announced in advance, thus a motion would be
in order.
Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve change orders for City
Conduit and Fiber Contract 11 -14. Aye: 5 Nay: 0
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City Council Meeting Minutes
November 1, 2011
9 page
DIRECTOR OF PUBLIC WORKS
Public Works Director Colbert requested Council action pertaining to traffic control modifications and a MnDOT
speed study for Federal Drive and the Duckwood Overpass.
The City Council discussed the request and directed staff to do additional research on options for flashing lights to
draw further attention to the traffic control modification.
Councilmember Tilley moved, Councilmember Bakken seconded a motion to authorize the removal of stop signs on
Federal Drive at its intersection with Washington Drive and Surrey Heights Drive. Aye: 5 Nay: 0
Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a resolution requesting
MnDOT to perform a Speed Study on Federal Drive and Duckwood Drive and authorize the Mayor and City Clerk
to execute all related documents.
VISITORS TO BE HEARD
There were no visitors to be heard.
ADJOURNMENT
Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 9 p.m. Aye: 5
Nay: 0
Date
Mayor
Clerk
/3
Agenda Information Memo
November 15, 2011 Eagan City Council Meeting
B. PERSONNEL ITEMS
Item 1.
ACTION TO BE CONSIDERED:
Accept the resignation of Police Receptionist, Deborah (Deb) Gustin.
FACTS:
• Deb Gustin submitted her resignation effective November 29, 2011.
• She will be retiring after 14.5 years of service to the City of Eagan.
• Deb was employed in the police department and worked 4s a. 5 FTE employee where she
was expected to work 20 hours per week.
• She shared her police reception responsibilities with Joanne O'Keefe who is also a .5
FTE employee.
Item 2.
ACTION TO BE CONSIDERED:
Authorize the status change of Police Receptionist, Joanne O'Keefe from a .5 FTE to a 1.0 FTE
employee.
FACTS:
• Police Receptionist Deb Gustin submitted her letter of resignation effective November
29, 2011.
• She shared reception responsibilities with Joanne O'Keefe, where both had employment
status of Regular Part Time, 20 hours per week.
• Although the police department is not requesting the replacement of Deb with another
employee, staff would like to combine her 20 hours with Joanne O'Keefe's.
• Effectively, the department is eliminating two .5 FTE positions and creating one 1.0 FTE
position.
• The above actions were previously discussed with the City Administrator.
11
Item 3.
ACTION TO BE CONSIDERED:
Approve recruitment of temporary Fire Inspector until further notice.
FACTS:
The FT Fire Inspector is currently acting as Fire Marshall. Until further notice, the Fire
Department wishes to hire a temporary Fire Inspector to assist with Fire Inspections and Fire
Investigations as needed.
• This temporary position will be posted internally at the City and the Eagan Fire Department.
• The temporary Fire Inspection position will be scheduled for 20 -30 hours per week.
Item 4.
ACTION TO BE CONSIDERED:
Authorize replacement of the position of Fire Marshall.
FACTS:
• At the October 18, 2011 City Council meeting, a separation agreement was approved and
the Fire Marshall position is currently vacant.
• Staff has reviewed the position and concluded that it should be refilled.
Item 5.
ACTION TO BE CONSIDERED:
Accept the resignation of Jeff Munsterteiger, Code Enforcement/Property Maintenance Technician,
and authorize his replacement.
Item 6.
ACTION TO BE CONSIDERED:
Approve the hiring of Seasonal Employees in Parks & Recreation:
Name I Division I Job Title
Julianne Solberg Community Center Guest Services Representative
'E5
Agenda Information Memo
November 15, 2011 Eagan City Council Meeting
C. RATIFY CHECK REGISTERS
ACTION TO BE CONSIDERED:
To ratify the check registers dated October 27, 2011 and November 3, 2011 as presented.
ATTACHMENTS:
• Check registers dated October 27, 2011 and November 3, 2011 are enclosed without page
number.
Agenda Memo
November 15, 2011
Regular City Council Meeting
D. TO APPROVE A RESOLUTION ACCEPTING A DONATION FROM
BONFIRE'S RESTAURANTS OF $662.70 FOR THE FIRE DEPARTMENT
ACTION TO BE CONSIDERED:
To approve a resolution accepting a donation from Bonfire Restaurants of $ 662.70 for the fire
department and approve the related General Fund budget adjustment increasing donation revenue
and the Fire Department capital expenditures in the same amount.
FACTS:
• Bonfire's Restaurants metro wide recently made donations to the fire departments
that serve their areas in honor of 9 -11 and National Fire Prevention Month.
• The Fire Department plans to use the funds to buy some replacement fire helmets for
our volunteers with built in LED lighting.
• A thank you letter will be sent to Bonfire's from the fire department.
ATTACHMENTS:
Enclosed on page 19 is a resolution to accept the donation.
1 `7
EXTRACT OF MINUTES OF MEETING OF THE
CITY COUNCIL OF THE CITY OF EAGAN,
DAKOTA COUNTY, MINNESOTA
A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held
at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on November 15th, 2011, at
6:30 p.m.
The following members were present: Hansen, Bakken, Fields, Maguire, and Tilley.
Member introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN
WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the
costs to the general public of providing services in Eagan; and
WHEREAS, Bonfire Restaurants offered to donate $662.70 for use by the City of Eagan Fire
Department; and
WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal
property be accepted only with the adoption of a resolution approved by two- thirds of the members of the
City Council; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County,
Minnesota, that the donation is hereby accepted for use by the City;
BE IT FURTHER RESOLVED, that the City sincerely thanks Bonfire Restaurants for the gracious
and generous donation.
ADOPTED this 15 day of November, 2011
Mike Maguire, Mayor
ATTEST:
Christina Scipioni, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by Member
and upon the vote being taken thereon, the following voted in favor:
; and the following voted against the same:
WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor
and his signature attested by the City Clerk.
J�
Agenda Memo
November 15, 2011
Regular City Council Meeting
E. TO APPROVE A RESOLUTION ACCEPTING A DONATION FROM WAL-
MART OF $500 FOR THE FIRE DEPARTMENT
ACTION TO BE CONSIDERED:
To approve a resolution accepting a donation from Wal -Mart of $500 for the fire department and
approve the related General Fund budget adjustment increasing donation revenue and the Fire
Department capital expenditures in the same amount.
FACTS:
• Wal -Mart has made a $500 donation to the Fire Department for the purpose of buying
a portable announcement unit for public events.
• A thank you letter will be sent to Wal -Mart from the fire department.
ATTACHMENTS:
Enclosed on pagdV is a resolution to accept the donation.
11
EXTRACT OF MINUTES OF MEETING OF THE
CITY COUNCIL OF THE CITY OF EAGAN,
DAKOTA COUNTY, MINNESOTA
A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held
at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on November 15th, 2011, at
6:30 p.m.
The following members were present: Hansen, Bakken, Fields, Maguire, and Tilley.
Member introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN
WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the
costs to the general public of providing services in Eagan; and
WHEREAS, The Eagan Wal -Mart has offered to donate $500 for use by the City of Eagan Fire
Department; and
WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal
property be accepted only with the adoption of a resolution approved by two- thirds of the members of the
City Council; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County,
Minnesota, that the donation is hereby accepted for use by the City;
BE IT FURTHER RESOLVED, that the City sincerely thanks Wal -Mart for the gracious and
generous donation.
ADOPTED this 15 day of November, 2011
Mike Maguire, Mayor
ATTEST:
Christina Scipioni, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by Member
and upon the vote being taken thereon, the following voted in favor:
; and the following voted against the same:
WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor
and his signature attested by the City Clerk.
Consent Agenda
November 15, 2011 City Council Meeting
F. APPROVE a Resolution accepting a donation for a park bench to be located at Holz
Farm.
ACTION TO BE CONSIDERED:
To accept a donation of $1100 from the Margaret Fletcher family to memorialize a park
bench at Holz Farm.
FACTS:
• The Parks and Recreation Department has a long history of installing and memorializing
park amenities with funds donated as part of the gifting policy adopted by the City
Council.
• The bench being memorialized will be located near the garden at Holz Farm. This was
the family's preferred location for a memorial bench since Holz Farm was where
Margaret was a long standing volunteer of the Friends of the Farm.
• A small plaque with an inscription consistent with other donations received will be
mounted on the bench consistent with the past practice of installing plaques on park
amenities donated as memorials.
ATTACHMENTS:
• Resolution included on Page
M—
CITY OF EAGAN
RESOLUTION
TO ACCEPT A DONATION FROM THE MARGARET FLETCHER FAMILY
FOR A PARK BENCH TO BE LOCATED
AT HOLZ FARM
WHEREAS, Eagan Parks and Recreation has a long history of installing and
memorializing park amenities with funds donated as part of the gifting policy adopted by the City
Council; and
WHEREAS, memberS of the Margaret Fletcher family have expressed an interest in
donating $1,100 to memorialize a park bench in Margaret's memory; and
WHEREAS, Margaret Fletcher was a long standing volunteer at Holz Farm as a member
of the Friends of the Farm; and
NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby
accept the $1,100 cash donation from the Margaret Fletcher family to memorialize a park bench
that will be installed near the garden at Holz Farm. .
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 for 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 15"'
day of November, 2011.
City Clerk
as
Consent Agenda
November 15, 2011 City Council Meeting
G. APPROVE a Resolution to accept a donation of equipment for visually impaired
people.
ACTION TO BE CONSIDERED:
To accept a donation of equipment for visually impaired people valued over $1,000 from the
Virginia and Bill Klingner family to be placed at the Eagan Community Center and made
available for public use.
FACTS:
• The Klingner family approached the City of Eagan wishing to donate a piece of
equipment that helps visually impaired people read books or information through
magnification.
• Virginia (Ginny) Klingner has been a long standing member of the Eagan Seniors until
her recent death and her family wanted to provide the opportunity for visually impaired
people in the community to have access to a tool that would help them continue to read.
• The Klingner family felt strongly that since the Eagan Community had been such a big
part of their parents' life that this would be the best location for people to have access to
this kind of equipment.
• The equipment being donated will be kept in a secured location but will be made
available to anyone requesting its use. There may be times when this equipment could be
moved to other parts of the city; during elections, for example, to help people read ballots
or election information more easily.
ATTACHMENTS:
• Resolution included on Page
-:23
CITY OF EAGAN
RESOLUTION
TO ACCEPT A DONATION OF EQUIPMENT FOR VISUALLY IMPAIRED PEOPLE FROM
THE VIRGINIA AND BILL KLINGNER FAMILY TO BE PLACED AT
THE EAGAN COMMUNITY CENTER AND AVAILABLE FOR PUBLIC USE
WHEREAS, Eagan Parks and Recreation has a long history of accepting donations as
part of the gifting policy adopted by the City Council; and
WHEREAS, members of the Klingner family have expressed an interest in donating
equipment to help visually impaired people read books or information through magnification in
Virginia's memory; and
WHEREAS, Virginia Klingner has been a long standing member of the Eagan Seniors
until her recent death and; and
WHEREAS, the Klingner family wanted to provide the opportunity for visually impaired
people in the community to have access to a tool at the Eagan Community Center that would help
them continue to read,
NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby
accept the donation of equipment for visually impaired people from the Virginia and Bill
Klingner family to be placed at the Eagan Community Center and to be available free for public
use.
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 for 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 15''
day of November, 2011.
City Clerk
a1[
Consent Agenda
November 15, 2011 City Council Meeting
H. AUTHORIZE application of a grant from the Metropolitan Regional Arts Council
for a Community Arts Grant.
ACTION TO BE CONSIDERED:
Authorize the submission of a grant from the Metropolitan Regional Arts Council for
Community Arts projects in 2012.
FACTS:
• Metropolitan Regional Arts Council has grants for up to $5,000 available for Community
Arts projects. Grants are awarded with a dollar to dollar match, with 25% in cash.
• Parks & Recreation will submit a grant for $5,000 for arts programming in 2012 to
include a focus on artist gatherings. The community will be gathered in a variety of
ways, including, but not limited to:
■ Harvest of Art event. Activities to include public Raku firing, Harvest of Art
exhibit, hands on art activities, and entertainment.
■ Open studios, speakers and workshops for artists of all skill levels to gather and
learn from one another.
■ Artist in Residence opportunities for youth and adults. This is an opportunity to
experience an art medium or teaching artist that is not currently employed by the
City of Eagan.
■ After school workshops and activities for middle school students at DHMS.
■ Continued branding and marketing efforts of the "Art... Be a Part" campaign.
• The grant submission deadline is January 9, 2012.
ISSUES:
• None
a15-
Agenda Information Memo
November 15, 2011 Eagan City Council Meeting
I. AMES CROSSING ROAD
MNDOT SPEED STUDY
ACTION TO BE CONSIDERED: Approve a resolution requesting the Minnesota
Department of Transportation ( MnDOT) to perform a Speed Study on Ames Crossing Road
and authorize the Mayor and City Clerk to execute all related documents.
FACTS:
• Ames Crossing Road is in the northeast corner of Eagan connecting Lone Oak Road to
O'Neill Drive. It has been constructed in phases over the past four years. The first two
phases were completed as parts of private developments which created temporary cul -de-
sacs, on each end. These dead end public street segments have posted speed limits of 30
miles per hour as local streets.
• Ames Crossing Road has been designated as a Neighborhood Collector in the City's most
recent Transportation Plan update. The alignment and designation of this street was a
recommendation of the Northeast Eagan Areawide Traffic Study completed in 2005.
• With the recent completion of the remainder of Ames Crossing Road, the entire length now
exists between Lone Oak Road and ONeill Drive and now functions as a true collector
street. It would be appropriate to request MnDOT to perform a Speed Study for the entire
length of Ames Crossing Road.
C9 L40
Agenda Information Memo
November 15, 2011 Eagan City Council Meeting
J. CONTRACT 10 -10, SOUTH WATER TREATMENT PLANT AND UPGRADE
ACTION TO BE CONSIDERED: Approve the 12th and Final Payment for Contract
10 -10 (So. Water Treatment Plant Upgrade) in the amount of $20,140.66 to Magney
Construction Inc. and accept the improvements for perpetual City maintenance subject to
warranty provisions.
FACTS:
• Contract 10 -10 provided for the upgrade and operation expansion of the South Water
Treatment Facility located at the corner of Cliff & Pilot Knob Roads. The original
contract in the amount of $3,738,700 was awarded by Council action on Sept. 21,
2010. This contract upgraded all controls, processing equipment and HVAC systems
and also modified the backwash filter cleansing process making the plant more
efficient and environmentally responsible.
• These improvements have now been completed, inspected by representatives of the
Public Works Department, . and found to be in order for favorable Council action of
final payment and acceptance for perpetual maintenance subject to warranty
provisions.
a-7
Agenda Information Memo
November 15, 2011 Eagan City Council Meeting
K. CONTRA 11-04,2011 CITYWIDE SANITARY SEWER LINING
ACTION TO BE CONSIDERED: Approve the final payment for Contract 11 -04
(2011 Citywide Sanitary Sewer Lining) in the amount of $164,100 to Insituform
Technologies USA, Inc. and accept the improvements for perpetual City maintenance
subject to warranty provisions.
FACTS:
• Contract 11 -04 provided for the rehabilitation of 6,000 linear feet of existing sanitary
sewer pipe strategically selected from throughout the City for structural and I & I
mitigation lining improvements.
• These improvements have been completed, inspected by representatives of the Public
Works Department, and found to be in order for favorable Council action of final
payment and acceptance for perpetual maintenance subject to warranty provisions.
•
Agenda Information Memo
November 15, 2011 Eagan City Council Meeting
L. PROJECT 1047, JOHNNY CAKE RIDGE ROAD
STREET IMPROVEMENTS
ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project
1047, (Johnny Cake Ridge Rd — Cliff Rd to Apple Valley - Street Improvements) and
schedule a public hearing to be held on December 20, 2011.
FACTS:
• On June 1, 2010 the City Council directed staff to prepare a feasibility report
considering the street rehabilitation of Johnny Cake Ridge Road, from Cliff Road
(County Road 32) to the Apple Valley border, in south - central Eagan, in accordance
with the City of Eagan's 5 -Year CIP (2011- 2015).
• Subsequent review of the proposed project by City staff determined that the
improvements could be delayed from the 2011 construction season to the 2012
construction season, to coincide with the improvements at the Cliff Road (CSAH 32)
and Johnny Cake Ridge Road intersection by Dakota County, also in 2012. The City
Council approved the delay on December 7, 2010.
• A structural mill and overlay of this street was re- programmed for 2012 in the City of
Eagan's 5 -Year CIP (2012- 2016).
• An informational neighborhood meeting will be held with the adjacent property
owners prior to the formal public hearing to review and discuss the proposed
improvements.
• A draft of this Feasibility Report has been prepared and is being presented to the
Council for their consideration of scheduling a public hearing for Tuesday, December
20, 2011.
ATTACHMENTS:
• Draft Feasibility Report, attached without page numbers.
a9
Agenda Information Memo
November 15, 2011 Eagan City Council Meeting
M. PROJECT 1078, JOHNNY CAKE RIDGE ROAD
STREET IMPROVEMENTS
ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project
1078, (Johnny Cake Ridge Road — Diffley Road to Teal Cove - Street Improvements) and
schedule a public hearing to be held on December 20, 2011.
FACTS:
• On June 7, 2011 the City Council directed staff to prepare a feasibility report
considering the street rehabilitation of Johnny Cake Ridge Road, from Diffley Road
(County Road 30), to Teal Cove in central Eagan.
• A structural mill & overlay of this street is programmed for 2012 in the City of
Eagan's 5 -Year CIP (2012 - 2016).
• An informational neighborhood meeting will be held with the adjacent property
owners prior to the formal public hearing to review and discuss the proposed
improvements.
• A draft of this Feasibility Report has been prepared and is being presented to the
Council for their consideration of scheduling a public hearing for Tuesday, December
20, 2011.
ATTACHMENTS:
• Draft Feasibility Report, attached without page numbers.
Viol
Agenda Information Memo
November 15, 2011 Eagan City Council Meeting
N. PROJECT 1079, DENMARK AVENUE/ CLUBVIEW DRIVE
STREET IMPROVEMENTS
ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project
1079, (Denmark Avenue/ Clubview Drive - Street Improvements) and schedule a public
hearing to be held on December 20, 2011.
FACTS:
• On June 7, 2011 the City Council directed staff to prepare a feasibility report
considering the street rehabilitation of Denmark Avenue (Lone Oak Road to 1 /4 mile
south) and Clubview Drive, in north - central Eagan.
• A structural mill & overlay overlay of this street is programmed for 2012 in the City
of Eagan's 5 -Year CIP (2012- 2016).
• An informational neighborhood meeting will be held with the adjacent property
owners prior to the formal public hearing to review and discuss the proposed
improvements.
• A draft of this Feasibility Report has been prepared and is being presented to the
Council for their consideration of scheduling a public hearing for Tuesday, December
20, 2011.
ATTACHMENTS:
• Draft Feasibility Report, attached without page numbers.
5/
Agenda Information Memo
November 15, 2011 Eagan City Council Meeting
O. PROJECT 1080, RAHN ROAD (CEDAR GROVE PKWY. TO SHALE LN.)
STREET IMPROVEMENTS
ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project
1080, (Rahn Road - Street Improvements) and schedule a public hearing to be held on
December 20, 2011.
FACTS:
• On June 7, 2011 the City Council directed staff to prepare a feasibility report
considering the street rehabilitation of Rahn Road (Cedar Grove Parkway to Shale
Lane) in western Eagan.
• A structural mill & overlay of this collector street is programmed for 2012 in the City
of Eagan's 5 -Year CIP (2012- 2016).
• An informational neighborhood meeting will be held with the adjacent property
owners prior to the formal public hearing to review and discuss the proposed
improvements.
• A draft of this Feasibility Report has been prepared and is being presented to the
Council for their consideration of scheduling a public hearing for Tuesday, December
20, 2011.
ATTACHMENTS:
• Draft Feasibility Report, attached without page numbers.
Agenda Information Memo
November 15, 2011 Eagan City Council Meeting
P. CONTRACT 10 -21, TRAPP FARM PARK
WATER QUALITY IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve the final payment for Contract 10 -21
(Trapp Farm Park Infiltration Basin and Sediment Removal — Water Quality
Improvements) in the amount of $4,329.61 to Stocker Excavating Inc., and accept the
improvements for perpetual City maintenance subject to warranty provisions.
FACTS:
Contract 10 -21 provided for the construction of a two cell infiltration basin as part of
an existing storm sewer discharge line, as well as removal of sediment from Schwanz
Lake, all within Trapp Farm Park, north of Wilderness Run Road and west of Dodd
Road, in southeastern Eagan.
These improvements have been completed, inspected by representatives of the Public
Works Department, and found to be in order for favorable Council action of final
payment and acceptance for perpetual maintenance subject to warranty provisions.
Agenda Information Memo
November 15, 2011 Eagan City Council Meeting
Q. CONTRACT 11 -08, CEDAR GROVE BOULEVARD
STREET & UTILITY IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 11 -08 (Cedar
Grove Boulevard Street & Utility Improvements) and authorize the Mayor and City Clerk to
execute all related documents.
FACTS:
• Contract 11 -08 provides for the street realignment, upgrade, utility, and landscape
improvements of Cedar Grove Boulevard (formerly Sibley Memorial Highway) within
the Cedar Grove Redevelopment Area in northwest Eagan (City Project No. 1051).
• On June 21, 2011, the City Council awarded the Phase 1 Alternate bid for Contract 11-
08, providing for these improvements along with trunk water main modifications in the
area.
• Change Order #1 provides for installation of a water valve on the existing 16 -inch
diameter water main within Nicols Road. This valve will isolate a section of water main
to help with the planned removal of a pressure- reducing station under this contract, and
improve the long -term operation and isolation shutdown capabilities of the water main
serving the Cedar Grove Redevelopment area.
• The change order provides for a total ADD of $10,857.32 (0.76% of original contract).
The cost of the additional work will be the responsibility of the City's Utility Fund
(Expansion and Modification).
The change order has been reviewed by the Engineering Division and found to be in
order for favorable Council action.
3+
Agenda Information Memo
November 15, 2011, Eagan City Council Meeting
R. APPROVE MEMEBERSHIP AGREEMENT WITH THE NATIONAL
JOINT POWERS ALLIANCE PURCHASING COOPERATIVE
ACTION TO BE CONSIDERED:
To approve a membership agreement with the National Joint Powers Alliance purchasing
cooperative and authorize the Mayor and City Clerk to execute all related documents.
FACTS:
➢ The National Joint Powers Alliance (NJPA) is a governmental agency operating
under the authority outlined in Minnesota Statute 123A.21. This statute was created
in 1978 and revised in 1995 to allow participating government and educational
agencies to reduce the cost of purchased equipment and products by combining their
purchasing power.
➢ There is not a cost to become a participating member of the NJPA. There is no
obligation to utilize NJPA contracts nor are there minimum contract purchasing
requirements.
➢ The City is a member of several purchasing cooperatives that allow staff to utilize
competitively bid purchasing contracts. City membership with the NJPA provides
staff with another option for purchasing competitively priced products.
ATTACHMENTS (1):
The membership agreement is enclosed on page
J�
MEMBERSHIP AGREEMENT OJPA
PARTICIPATING MEMBER National Joint Powers Alliance
This Agreement, made and entered into this f rS-L day of A)� tp� , 20 ,
by and between National Joint Powers Alliance ®, hereinafter referred to as "NJPA" and
Ltd F 1* qe"-1 hereinafter referred to as the "Applicant ".
Witnesseth:
That for a good and valuable consideration of the premises, mutual terms, covenants, provisions, and conditions
hereafter set forth, it is agreed by and between the parties as follows:
Whereas, the NJPA is created by Minnesota Statute §123A.21 (with membership further defined in M.S. §471.59)
to serve cities, counties, towns, public or private schools, political subdivisions of Minnesota or another state,
another state, any agency of the State of Minnesota or the United States including instrumentalities of a
governmental unit and all non profits; and
Whereas, NJPA's purpose as defined in M.S. §123A.21 is to assist in meeting specific needs of clients which could
be better provided by NJPA than by the members themselves; and
Whereas, the NJPA Board of Directors has established the ability for an "Applicant" desiring to participate in
NJPA contracts and procurement programs to become a Participating Member; and
Whereas, the NJPA Board of Directors has determined that Participating Members will have no financial or
organizational liability to NJPA or to its organizational activities;
Now Therefore, it is hereby stipulated and agreed that the "Applicant" Agency desires to be a Participating Member of
NJPA with contract purchasing benefits, in accordance with terms and conditions of the applicable contract(s), and that
NJPA hereby grants said Membership to said "Applicant."
Term:
This continuing agreement shall remain in force or until either party elects to dissolve the Agreement by written notice.
THEREFORE, IN WITNESS THEREOF,
the parties hereto have executed this Agreement the day and year written above.
Member Name:
National Joint Powers Alliance®
200 1st Street NE, Suite 1
Staples, MN 56479
AUTHORIZED SIGNATURE
AUTHORIZED SIGNATURE
Its Haynr
TITLE TITLE
�o u,.. . •
DATE
3�
09/21/2010
Agenda Information Memo
November 15, 2011 Eagan City Council Meeting
S. APPROVE MASSAGE THERAPY ESTABLISHMENT LICENSE FOR
JODEE LEE JONES, CLOUD NINE SALON AND SPA, 1284 TOWN
CENTRE DR, SUITE 114
ACTION TO BE CONSIDERED:
To approve a Massage Therapy Establishment License for Jodee Lee Jones, Cloud Nine
Salon and Spa, 1284 Town Centre Dr., Suite 114, Eagan, MN
FACTS:
➢ Jodee Lee Jones has applied for a Massage Therapy Establishment License for
Cloud Nine Salon and Spa, an existing business.
➢ The proposed massage therapy establishment will be located at 1284 Town Centre
Dr., Suite 114, Eagan, MN.
➢ The Eagan Police Department conducted a background investigation and found no
cause to deny the application.
➢ The Eagan Building Inspections department conducted an inspection of the
proposed establishment and found no cause to deny the application.
➢ All requirements of the application have been met and the fee has been paid.
ATTACHMENTS (0):
(The complete application is available from the Office of the City Clerk.)
Consent Agenda Information Memo
November 15, 2011 Eagan City Council Meeting
T. SCHEDULE PUBLIC HEARING — CITY OF EAGAN
ACTION TO BE CONSIDERED: To schedule a public hearing for December 6, 2011 to
consider the application from the Coachman Oaks Homeowners Association for a Housing
Improvement Area for its property.
FACTS:
➢ In 2005, the City Council was approached by one of the homeowners associations in the
City regarding the potential creation of a City policy for the creation of Housing
Improvement Areas (HIA), which permit homeowners associations to work with cities to
finance improvements to common areas that cannot be financed by other means.
➢ In response, the City Council adopted a policy on September 25, 2005 that would permit
consideration of petitions and the process by which applications would be reviewed.
➢ The City has approved two HIA to assist with improvements for the Cedar Bluffs and
Meadowlark Ridge Townhomes.
➢ The Coachman Oaks Homeowners Association submitted a preliminary application for
an HIA and, on May 4, 2011, the City Council determined the proposed scope to be in
order for the second phase of review called for in the policy.
➢ The property is located at the intersection of Coachman and Four Oaks Roads and
consists of 220 units and was built in 1979 and was converted from rental to
homeownership units in 1982. The majority of the proposed improvements are to
building mechanicals and interior common areas that include: hallways, gathering spaces,
elevators, stairways, entryways, laundry rooms and interior doors, lighting and signage.
➢ Previous improvements assessed to the homeowners included roofing, siding,
patiosibalconies, windows and door replacement.
➢ The improvements appear to address a number of the policy goals outlined in the City's
Housing Improvement Area Policy including: promoting neighborhood stabilization and
revitalization by upgrading the existing housing stock in the neighborhood and increasing
or preventing the loss of tax base of the City.
➢ The preliminary loan amount estimated for the improvements is $1,583,000.
➢ Since the preliminary review, the Association has completed the formal submittal of
improvement plans, detailed financial plans and a petition by more than 51 % of the
affected property owners as called for by the policy. At this time, it is in order for the
Council to consider setting a public hearing to consider the request.
ATTACHMENTS: (1)
➢ Location map on page 3
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Location Map
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Agenda Information Memo
November 15, 2011, Eagan City Council Meeting
V. PUBLIC HEARINGS
A. VARIANCE — 3924 BOSTON COURT (MATTHEW & KANDICE TOLIC)
ACTION TO BE CONSIDERED:
To approve (OR direct preparation of Findings of Fact for Denial a Variance of 5' to the 15'
required rear yard setback for the construction of a deck on property containing a single family
home in a PD, Planned Development, zoning district located at 3924 Boston Court, legally
described as Lot 12, Block 1, Lexington Square 2 nd Addition, subject to the conditions listed in
the staff report.
REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present
FACTS:
➢ The property is zoned PD, Planned Development and is developed with an existing
single - family home.
➢ A 15' rear yard setback applies to attached decks over 30" above grade on single - family
property. Setbacks are measured to the footings which support the structure.
➢ The home had an existing deck which was in disrepair. The applicant is rebuilding the
deck at a larger size.
➢ The applicant designed the replacement deck based on the information in the City's deck
handout. Upon submitting for building permit, the applicant discovered that the deck was
subject to a 15' rather than a 5' rear yard setback erroneously indicated in the handout,
and consequently, the proposed deck did not satisfy the required setbacks.
➢ The proposed deck includes a staircase on the east side which extends another 4' beyond
the deck itself. Based on the "proposed house" survey from the parcel file, the footings
for the staircase are set 10' from the rear property line. This is 5' less than the required
setback.
➢ The applicant's stated practical difficulties are the topography of the lot and existing floor
plan and features of the house.
➢ The neighbor to the northeast has submitted correspondence opposed to the variance
request.
ISSUES: None
60 -DAY AGENCY ACTION DEADLINE: December 16, 2011
ATTACHMENTS (2):
Location Map, page =
Planning Report and neighbor correspondence, page through ! a
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Project Name: 3924 Boston Court
Request: Variance
Case Nos.: 23- VA- 02 -10 -11
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PLANNING REPORT
CITY OF EAGAN
REPORT DATE: November 10, 2011
APPLICANT: Matthew & Kandice Tolic
CASE: 23- VA- 02 -10 -11
HEARING DATE: November 15, 2011
PROPERTY OWNER: Matthew & Kandice TolicAPPLICATION DATE: October 17, 2011
REQUEST: Variance
PREPARED BY: Pamela Dudziak
LOCATION: 3924 Boston Court
COMPREHENSIVE PLAN: LD, Low Density Residential
ZONING: R -1, Single Family Residential
SUMMARY OF REQUEST
The applicant is requesting approval of a Variance of 5' to the 15' required rear yard setback for
the construction of a deck on property containing a single family home in a PD, Planned
Development, zoning district located at 3924 Boston Court, legally described as Lot 12, Block 1,
Lexington Square 2 nd Addition.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve,
approve with conditions or deny a request for a variance. In considering all requests for a
variance and whether the applicant established that there are practical difficulties in complying
with the provisions(s) of this Chapter, the City Council shall consider the following factors:
a. Exceptional or extraordinary circumstances apply to the property which do not apply
generally to other properties in the same zone or vicinity, and result from lot size or
shape, topography, or other circumstances over which the owner of property has no
control.
b. The literal interpretation of the provisions of this Code would deprive the applicant
property use commonly enjoyed by other properties in the same district under the
provisions of this Code.
c. The exceptional or extraordinary circumstances do not result from the actions of the
applicant.
Planning Report — 3924 Boston Court
November 15, 2011
Pate 2
d. The granting of the variance will not confer on the applicant any special privilege that is
denied by this Chapter to owners of other lands, structures or buildings in the same
district.
The variance requested is the minimum variance which would alleviate the practical
difficulties.
f. The variance would not be materially detrimental to the purposes of this Code or to
properties in the same zone.
g. The property for which the variance is requested is otherwise in compliance with the City
Code.
The recently adopted Variance legislation is reflected in the City Code language above and also
contains the following:
Subd. 3, A. "Practical difficulties" as used in conjunction with the granting of a variance, means
that the applicant proposes to use the property in a reasonable manner not permitted by the
zoning provisions of this Code; the plight of the applicant is due to circumstances unique to the
property not created by the applicant; and the variance, if granted, will not alter the essential
character of the locality. Economic considerations alone do not constitute practical difficulties.
Subd. 3, B., 3. A variance will be denied when it is not in harmony with the general purposes
and intent of the zoning provisions of this Code or when the variance is inconsistent with the
comprehensive plan. Any condition imposed upon the approved variance must be directly
related to and must bear a rough proportionality to the impact created by the variance.
CODE REQUIREMENTS
While this property is zoned PD, the lot is developed with a single - family home and the Planned
Development did not make any special allowances for setbacks or other bulk standards. Thus,
the applicable standards are those for R -1, Single - family residential zoning, which requires a
minimum rear yard structure setback of 15 feet.
City Code Section 11.40, Subd. 4.D.2 states the following shall not be considered as
encroachments on required yard setbacks: "Decks, patios, balconies, stoops, or other similar
features provided they do not extend more than 30 inches above grade and a distance greater
than ... five feet into a required rear yard and provided they do not encroach upon a public
easement."
In combination, these code provisions result in a required 15 -foot rear yard setback for decks
attached to the principal building and situated more than 30 inches above grade.
BACKGROUND /HISTORY
Planning Report — 3924 Boston Court
November 15, 2011
Pate 3
Lexington Square 2 °a Addition was platted in 1986
and this home was constructed the same year.
The home had an existing deck which was in
disrepair. The applicant is rebuilding the deck and in
so doing, increasing the size of the deck. The
applicant relied on the deck guide handout, which
erroneously indicated that decks were subject to a 5'
setback for side and rear yards, and designed the
replacement deck accordingly. Upon submitting the
application for building permit, it was discovered that
the handout information did not match the City Code,
and the proposed deck did not meet the required
setback. Staff has since corrected the error in the
deck guide handout to avoid similar issues in the
future.
EXISTING CONDITIONS
Date of aerial photo: 2008
The subject site is a pie- shaped lot situated on a cul -de -sac. The lot is 13,473 sq. ft. in area.
Based on the "proposed house" survey provided for the initial building permit, the existing house
is set back 30.5 feet from the front lot line, and approximately 28 feet from the rear lot line.
From aerial photos, it appears that the house was built in accordance with the "proposed house"
survey, however, the exact distance to the rear lot line may be a little more or less than the 28 feet
scaled from that drawing.
The original deck extended 14 feet out from
the house. The applicant has proceeded with
construction of the deck and staircase on
temporary supports. The deck footings satisfy
the required setbacks; the requested variance
would allow the staircase on the east side of
the deck, where the setback is 10 feet to the
footings, and 8 feet from the edge of the stairs
and landing.
4q
Planning Report — 3924 Boston Court
November 15, 2011
Page 4
PROPOSAL
Proposal — The proposed deck extends 16 feet from the house, with the footings set at 14 feet.
The landing and staircase extends another 4 feet, with footings placed 18 feet from the house,
and a 2 -foot cantilever.
Setbacks — A 15 -foot rear yard structure setback applies to attached decks more than 30" above
grade. Setbacks are measured to the footings. Therefore, the proposed deck setback is 10 feet
from the rear lot line, which extends 5 feet into the required rear yard setback. Neither the deck
nor the cantilever will extend into the perimeter drainage and utility easements.
APPLICANT'S PRACTICAL DIFFICULTIES
The applicant's narrative indicates that the location of the stairs is in the "easiest and safest
access to the backyard for our 3 young children." Also, the topography of the lot and floor plan
of the house make it difficult to place the stairs on either side of the deck. There is a bay window
in the middle of the rear house elevation and a lower level door which would interfere with a
staircase on the south side, and the applicant indicates the topography was impractical for the
new staircase on the north side.
The applicant states that in designing the replacement deck, they relied on the City's deck guide,
a summary of zoning and building permit application information. The deck guide erroneously
indicated that a deck is subject to a 5 -foot rear yard setback when in fact a 15 -foot rear yard
setback applies to decks that are more than 30 inches above grade. Thus, the applicant believed
the deck to be compliant with the zoning ordinance until application for the building permit was
made and they were advised otherwise.
EVALUATION OF REQUEST
The Zoning Ordinance states that relief may be granted from a required ordinance provision
where practical difficulties result from carrying out the strict letter of the regulations of such
Code provision, provided "the applicant proposes to use the property in a reasonable manner not
permitted by the zoning provisions of this Code; the plight of the applicant is due to
circumstances unique to the property not created by the applicant; and the variance, if granted,
will not alter the essential character of the locality. Economic considerations alone do not
constitute practical difficulties."
The Zoning Ordinance states that relief may be granted provided the applicant proposes to use
the property in a reasonable matter not permitted by the zoning provisions of the Code. The
applicant is proposing to construct a deck. There is a single - family home with an attached garage
present on the site, and approximately 28 feet between the house and rear lot line. Replacement
of the deck appears to be a reasonable use of the property; however, the property can
accommodate a smaller deck within the required setbacks.
Planning Report — 3924 Boston Court
November 15, 2011
Page 5
The Zoning Ordinance states relief may be granted provided the plight of the applicant is due to
circumstances unique to the property not created by the applicant. In addition to having relied
upon the erroneous information in the City's deck handout, the applicant asserts that the location
of the stairs is dictated by the topography of the lot and floor plan of the house, which makes it
difficult to place the stairs on either side of the deck. There is a bay window in the middle of the
rear house elevation and a lower level door which would interfere with a staircase on the south
side of the deck.
The requested Variance does not appear to be the minimum required to alleviate the practical
difficulties. The applicant is requesting relief from a required minimum setback to allow for the
construction of a deck that includes a staircase to provide access to the ground level. This lot
presently has approximately 28' setback to the house in the rear yard. Consequently, a smaller
deck, or deck without the staircase, would be permitted.
The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide
Plan, but may be inconsistent with the intent of the Zoning Ordinance. That is, the purpose of the
building setback provision is to prevent the overcrowding of properties and to provide green
space. Since the request is to reduce the yard requirement, it appears to be contrary to the intent
of the ordinance.
A deck is a common use upon single - family property, and it is also common to have a staircase
to provide access between the deck and the ground level. There are mature evergreen trees
between the subject site and neighboring property to the east in the area of the proposed deck,
which provides a buffer between the uses. The trees are located on the adjoining lot, and a
similar buffer does not exist between the site and the neighbor to the northeast, who has
submitted correspondence in opposition to the variance. The neighbor's letter states concern for
noise, safety due to its proximity to a retaining wall between the properties, and that an
alternative deck design could be constructed without a variance.
SUMMARY /CONCLUSION
In summary, the applicant is requesting a setback Variance of 5 feet to allow construction of a
deck with staircase. The property is zoned PD and contains a single - family home. The existing
house is set back 28 feet from the rear lot line. The requested Variance does not appear to be the
minimum necessary to alleviate the practical difficulties as a smaller deck could be
accommodated within the required setbacks. However, the proposed deck and staircase is a
reasonable use of single - family residential property. The proposal does not appear to present a
detrimental effect to the public, and one neighbor submitted correspondence in opposition to the
variance.
ACTION TO BE CONSIDERED
To approve a Variance of 5 feet to the 15 -foot required rear yard setback for the construction of
a deck on property containing a single family home in a PD, Planned Development, zoning
RM
Planning Report — 3924 Boston Court
November 15, 2011
Page 6
district located at 3924 Boston Court, legally described as Lot 12, Block 1, Lexington Square 2nd
Addition. If approved, the following conditions shall apply:
If within one year after approval, the variance shall not have been completed or utilized, it
shall become null and void unless a petition for extension has been granted by the council.
Such extension shall be requested in writing at least 30 days before expiration and shall state
facts showing a good faith attempt to complete or utilize the use permitted in the variance.
2. The applicant shall obtain a building permit prior to construction, and identify the rear lot line
so the setbacks can be verified.
The Applicant shall identify the property line and verify compliance with required setbacks at
the time of the footing inspection.
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October 17, 2011
City of Eagan
3830 Pilot Knob Rd.
Eagan, MN. 55122
Re: Request for building permit for backyard deck with variance for residential propriety located
at 3924 Boston Ct. 55123. Parcel ID:10- 45076 -01 -120
Dear Mr. Mayor and City Council Members,
Our family has been living in Eagan for some time now. The home we purchased, at 3924
Boston Ct., had an outdated deck attached to the back. We knew from our initial home
inspection that the deck had not been build to code. The sides were made of flimsy lattice, the
stairs were dangerously steep, had no railing & was completely open on one side, the main
support beams were 4x4s; etc. Then, after one MN winter too many, the decking itself started to
get soft and screws were no longer holding. We felt it became a safety risk to our children and
decided it needed to be replaced before another winter.
We took bids from 3 separate contractors for the rebuild project. All were local deck companies
that build in Eagan. Each of the 3 plans located the stairs in the same place: the East edge of
the deck; the edge parallel to the house and the property line. For us as parent's, we wanted to
situate the stairs to provide the easiest and safest access to the backyard for our 3 young
children. From the contractors perspectives, the grading and elevation of the North side of the
house prevented them from building where the original (and unsafe) stairs had been.
After we selected a builder and the permit was submitted, we waited over 2 weeks to hear back
from the city. During that time the main deck was built on temporary supports. I had already
downloaded the City of Eagan Deck Building Guide from the web site so I was shocked when we
did not receive the entire permit back. Our plan fell well within the guidelines in the Deck Guide.
What we did get back was stamped and signed by the Building Inspector, but there was no date
for the inspection. He had written a note about 15' easements" on the plan. k was confusing.
I took the documents to City Hall and spoke with an Engineer (as the Deck Guide recommends),
another Inspector and a City Planner; the original Inspector was not available. No one could
explain why the permit was not approved or what the 15' easement note was exactly about. The
planner even pulled the Deck Guide off the rack on the wall and confirmed the 5' easement
around the property line. She spent a significant amount of time with me, looked through her
personal records, spoke with several different people, including the original inspector by phone,
but could not tell me the plan would be approved. I appreciated her efforts, but there was obvious
confusion in the office and, in the end, everyone had to defer to the building inspector.
We now find out that the easement was recently changed to 15'. Apparently, residents have
NARRATIVE
-gD-3
been converting decks into more permanent structures, therefore expanding the size of the
primary residence. However, there was no mention of that in the literature that the city provides
to the public. According to everything we had, along with the builders previous experience, our
plan was completely, and of course purposefully, designed within the city's guidelines; as far as
we knew them. Or, more accurately, according to the Deck Guide that I taken off the city web
site and which is still available to homeowners in City Hall.
The proposed footings, under the stairs, are placed at 10' from our property line. The variance
we are requesting is 5'. The land behind the stars is the back, NW, corner of our neighbor's lot.
We both live on cul -de -sacs, so the backs of our homes do not face each other. The corner of
his lot contains a stand of fir trees. We are not intruding on any usable space. He cannot even
see the majority of our deck. Because it is level ground and opens right up into the back yard,
this plan offers our kids the safest route between our home and outdoor space.
We believe this variance is reasonable and respectfully request approval for the completion of
our deck. Thank you - Matthew & Kandice Tolic
Sa�
11/8/2011 9:50 PP1 FROM: Fax T0: 6�5 -5694 PAGE: 002 OF 002
November 8, 2011
TO: City of Eagan
Community Development Department
FAXED TO: (651) 675 -5694
RE: Deck setback variance request for 3924 Boston Ct. ( "subject property ")
I have been informed there will be a public hearing on November 15, 2011 to consider a deck
setback variance request for the property at 3924 Boston Court, Eagan; and, that I may submit
comments prior to that hearing. These are my comments.
I live at 3895 Newtown Court. The back of our lot adjoins the back of the lot for 3924 Boston
Court. We are located to the east, northeast of them. According to the hearing notice, the
variance is being requested so a new deck can be constructed that is seven feet closer to our
property. I do not agree to that, and do not support the request.
(1) If you look at the back of subject property, which is what we see from our lot, it is a 3-
story structure with a walk -out basement, and it is built into a small hill. As a result, the
deck in question is elevated relative to us. The floor of the deck is about even with our
roofline, and the back of the subject house reflects the sounds from the deck towards us.
Thus, when they use their deck the sound travels and it impacts us. We have never
complained about that, but if the variance is granted the impact will increase. If the
variance was for the back corner of a garage, or a storage shed that would be different. It
would have little impact on us. But decks are living spaces, and allowing that to be even
closer to our house and property line will increase the negative impact on the quiet
enjoyment of our property and will probably have a negative impact on our market value.
Therefore, I do not agree with granting this variance and do not support the request.
(2) I believe the new deck is already in place. From my vantage point it looks like stairs
have been added, which go down from the back edge of the deck to the ground. It
appears the stairs end at the bottom on downward - sloping ground that is within six to
eight feet of the retaining wall that separates our yards. The retaining wall is about three -
to four -feet high at that point. I think there's the potential for some adult or child to
come down the stairs, take three steps in the "wrong" direction, and end up falling off the
retaining wall. In that event, their injury would likely come from hitting the ground in
my yar d. I'm not an insurance expert, but that seems like a foreseeable event that would
result in claims against my insurance company. Therefore, I do not agree with granting
this variance and do not support the request.
(3) There is an alternative. If lie deck were to start at the back of their house (as the old one
did, and the new one does), and then wrap around to the south side of their house, it
looks like (based on the county's aerial photos) they would have plenty of space for what
they want.
Lance Staricha
3895 Newtown Ct.
(Lot 5 Block 4 Lexington Square 3` Addition)
(651) 688 -8817
CORRESPONDENCE
Page 1 of 1
s-q
Old Business Agenda Information Memo
November 15, 2011, Eagan City Council Meeting
A. Approve Ordinance Amendment to Section 10.11 of Eagan City Code
ACTION TO BE CONSIDERED:
Approve an Ordinance Amendment relative to dog, cat, ferret and horse regulation
contained in Section 10.11 of Eagan City Code and direct the City Attorney to publish the
ordinance amendment summary.
FACTS:
• Upon a review of Section 10.11 of City Code, staff recognized the need to amend
the ordinance to meet new standards, offer convenience to the public, and
streamline enforcement and quarantine actions.
• On August 5, 2011, Police Chief McDonald forwarded a memo to the Mayor and
Council outlining some issues in the current City Code #10.11 (see attachment).
• At the listening session prior to the August 16, 2011, Eagan City Council
Meeting, Chief McDonald, along with Animal Control Officer Grimm, outlined
issues in Section 10. 11, and requested the Mayor and Council to direct the City
Attorney to amend the ordinance.
• The City Attorney has been working with Animal Control and is offering the
attached revisions for Mayor and Council consideration.
• The document contains the necessary revisions to Section 10.11.
• Animal Control Officer Grimm, along with Chief McDonald, will be in
attendance at the City Council meeting to answer any questions.
Attachments:
Copies of the proposed amendment along with C e McDonald's Ast 5, 2011,
informational memo can be referenced on pages 5 through u u
r�
MEMORANDUM
EAGAN POLICE DEPARTMENT
3830 Pilot Knob Road
Eagan, MN 55122
DATE: August 5, 2011
TO: Honorable Mayor and Council Members
FROM: James S. McDonald, Chief of Police
SUBJECT: Amendments to Eagan Code #10.11 -Dog, Cat, Ferret and Horse Regulation
Introduction
The purpose of my memo is to seek council direction to amend City Code #10.11 which entails Dog,
Cat, Ferret and Horse Regulation. Amendments would include updates in vaccination requirements,
changes in the age when a dog would need to be licensed with the City, allowing a new initiative to
enable residents to purchase dog licenses online, and quarantine procedures. The changes are requested
by staff based upon new inoculation standards, convenience for pet owners and streamlining
enforcement and quarantine actions.
Below is a brief synopsis of the sections staff is requesting to amend.
Vaccinations/Dog Licensing
Current City Code requires dogs, cats and ferrets be vaccinated at six - months of age. Staff believes
existing code regarding pet vaccinations is based upon the idea it was harmful to administer rabies
vaccines to animals under six - months old. However, all vaccinations marketed in the United States for
dogs, cats and ferrets have been approved to be administered at four months. Staff is requesting the
Mayor and Council to amend City Code to mandate dogs, cats and ferrets be vaccinated at four months
of age.
At present, a dog owner must license their dog at six months of age. Upon licensing, the dog must have
received a rabies vaccination. If the council requires pets be vaccinated at four months as outlined
above, staff is requesting the Mayor and Council amend code mandating residents to license their dogs
at four months to eliminate possible confusion, further consistency, and offer convenience.
Animal Control Staff has identified several properties throughout Eagan that have been generating
ongoing nuisance complaints regarding the number of dogs being kept on the properties. Current City
Code does not allow residents to keep four or more dogs over six months of age without a kennel
license. Staff's experience demonstrates six month old dogs bark louder, are more likely to stray, and are
Page 2)
more difficult to manage than four month old dogs. Amending the age of the dogs from six to four
months would eliminate many of the complaints the department receives and offers consistency in City
Code.
Also missing from Code is a time requirement to license dogs. Staff would like new residents or those
who obtain a pet, to license the dog within 10 days.
Online Licensing
Based upon established formulas to estimate pet populations, it is believed there are approximately
12,000 dogs in Eagan where 70% are unlicensed. Licensing offers immediate identification of the dog's
owner and ensures the animal has been vaccinated. Seeing the importance of dog licensing, the police
department has been making a sincere effort to encourage residents to license their dogs.
Many dog owners have asked for an online method of purchasing dog licenses. Consequently, staff has
been evaluating the potential of offering the convenience but has identified an issue with current City
code. More specifically, at the time a dog owner purchases a City dog license, proof of a rabies
vaccination must be shown. In the event online licensing is made available; there is no convenient way
to obtain physical verification of vaccination.
To overcome this issue staff is building an online application where a dog owner can pay their license
fee and electronically submit their license application. The form asks for vaccination information that
can be verified by police staff. Under a new ordinance amendment, any resident submitting false
information would be in violation.
Changes in Bites and Quarantine Procedures
Our current procedure is to allow for an animal (dog, cat, or ferret) with a current rabies vaccination to
be quarantined at home while an animal without a current rabies vaccination must be quarantined at a
veterinary clinic. We've found most animals without proof of a current vaccination have been inoculated
previously and pose a low risk of having rabies.
Recognizing a veterinary quarantine is very expensive (over $200), and often animals are abandoned
because the owner cannot pay the bill, the department proposes amending code to allow a cooperative
owner to quarantine their pet at home provided the pet is subjected to an health examination by a
veterinarian. Any amendment would allow staff to maintain the authority to require a veterinary
quarantine in certain circumstances (i.e. an animal's history of running at large, or an owner who cannot
control the pet).
It should be noted the police department quarantines six animals per year at a clinic, compared to an
average of 22 home quarantines. The majority of veterinary clinic quarantines involve stray animals
with no known owner.
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Page 3)
Animals that are Bitten
Current ordinance is unnecessarily strict and does not conform to current Board of Animal Health
guidelines. A revision will allow animal control to follow up -to -date protocols without making regular
ordinance revisions.
Conclusion
Revisions to City Code #10.11 will enable staff to be more responsive to our residents in a variety of
ways. Consistency, convenience, and streamlining enforcement operations are expected with the
suggested changes.
In the future, staff will ask the Mayor and Council for direction to amend Eagan City Code #10.11.
Hopefully the above information provided enough background. If not, responsible staff members will be
available at a future listening session to answer any questions and concerns.
Thank you.
s0
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY
CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTIONS, CRIMES AND OFFENSES" BY
AMENDING SECTION 10.11 REGARDING DOG, CAT, FERRET AND HORSE
REGULATION AND DOG LICENSING; AND BY ADOPTING BY REFERENCE EAGAN
CITY CODE CHAPTER 1 AND SECTION 10.99.
The City Council of the City of Eagan does ordain:
Section 1 . Eagan City Code Chapter Ten is hereby amended by modifying Section 10. 11,
subd. 3, to read as follows:
Subd. 3. Dog license required. It is unlawful for the owner of any dog, siE four 4 months
of age or more, to keep said dog within the city unless t he e v" without first ebtains obtaining a
license therefor from the city. Within 10 days of the date the owner acquired the dog or the owner
of the doiz moved into and made residence within the city, the owner of the dog shall obtain the dog
license.
A. Application. Application for a dog license shall be upon a form supplied by the city_
for- a lieense is made, has been ineettlated against rabies for- at least the peFied fe
w ;; h the lieense is applied The application shall be fully completed by providing
all information requested By submitting an application whether by paper or
electronic format the dog owner shall be deemed to have certified that all
information provided is true and correct and to have granted authorization for
release of information by the dog's veterinarian to verify the status of the dog's
rabies inoculation.
It shall be unlawful for any person to provide false information on the license
application A license based on false information shall be deemed null and void.
B. Period and fees. All dog licenses shall expire on February 20 of each even -
numbered year and shall b eeeme a l + M Febf uafy 2 ° e h eve Plu mb
year- er- thi „th e A er the dogs bifth All fees for the licensing of dogs
" ding of degs and eats, o
including penalties for late application, shall be fixed
and determined by a duly adopted resolution of the ct councit adopted by
r - e sejution, and unifeFmly eafer-eed. Sueh fees may &em time to time be amended
4" t' f ees s h a ll b k t fit i th e ffi e ° e f the eit. ..1 °..L t«° "r ° a nd p t
. . tien during regular- business hours.
C. Tag required. Upon payment of the license fee, the city clerk - treasurer shall deliver
one appropriate tag to the owner of the said licensed dog. It is unlawful for the
S9
owner of any dog to fail to have the tag firmly affixed to a collar, which shall at all
times be kept on the dog for which the license is issued. A duplicate for a lost tag
may be issued by the city upon presentation of the receipt showing the payment of
the license fee for the current year. Tags shall be nontransferable, and no refund
shall be made on any license fee because of leaving the city or death of the dog
before the expiration of the license.
D. Impoundment. The police officers or duly appointed animal control officer may
seize, impound or restrain any unlicensed dog or any dog without the license tag
found in the city. The fact that a dog is without a tag attached to a collar shall be
presumptive evidence that the dog is unlicensed. To enforce this section, said
officers are empowered and instructed to enter upon any public or private property
on which they have reasonable cause to believe there is a dog that is not licensed or
tagged as required under this subdivision.
Section 2 . Eagan City Code Chapter Ten is hereby amended by modifying Section 10. 11,
subd. 6(A)(5), to read as follows:
Subd. 6 Public nuisance. It is unlawful for the owner of any dog or cat to:
A. Unlawful acts. It is unlawful for the owner of any dog or cat to:
Keep or own four J41 or more dogs or cats or combination thereof over six
four 4 months of age on a property without a kennel permit.
Section 3 . Eagan City Code Chapter Ten is hereby amended by modifying Section 10. 11,
subd. 10, to read as follows:
Subd. 10. Rabies control.
A. Inoculation. Any owner of a dog, cat, or ferret ever- s�i-x four (4 ) or more months
of age must have such dog, cat, or ferret inoculated against rabies in accordance
with this subdivision and possess a certificate of a veterinarian duly licensed to
practice veterinary medicine within in the sState of Minnesota which certificate
shall state the date on which the animal was inoculated against rabies and the date
on which the inoculation expires, thereby establishing that the dog, cat, or ferret
has a current inoculation against rabies.
B. Animal bites.
Persons bitten.
6 L)
(a) Whenever any dog, cat, or ferret has bitten a person, the owner,
having been so notified, either orally or in writing, must: (1) provide
a certificate of current rabies inoculation; and (2) immediately
quarantine the dog, cat, or ferret at the owner's home or other
suitable place of confinement as directed by the responsible officer
of the city for a period of ten days after the occurrence. In the event
that a certificate of current rabies inoculation is not provided, the
dog cat or ferret may not be released from quarantine restrictions
until the owner provides a certificate of a veterinarian duly licensed
to practice veterinary medicine within the State of Minnesota, which
certificate shall state that the animal was examined by the
veterinarian and determined to not have rabies and has been
inoculated against rabies providing the date thereof.
(b) During the quarantine, the dog, cat, or ferret shall be securely
confined in a proper enclosure as defined in this Chapter.
animals or- pefsens te entef, for- the pur-pese of pr-eventing the animal
ffem biti o i n nt + ith p of +
allimals.
(c) If the dog, cat, or ferret dies or shows signs of illness or if it escapes,
the animal control officer or police department must be notified
immediately. Th een t a "d tr tment ccs±s ..
biting Y , expense of the owner- of
anirfral.
(d) i n th e even th i 4i fi + o + ra „ iatie n _ is net
l ' ' of feffet
may > the deg, eat, ef ferret shall be inifnediately seized and
fef the ptifpese of deteffnining if it is infeeted with . Any
animal, other than a dog, cat, or ferret, which has bitten a person may
be destroyed and taken to the university diagnostic lab to be
determined if the animal has been infected with rabies.
2. Dog, cat or ferret bitten.
IQ I
(a) Whenever any fa bi d beafin^ °^iff°Wog, cat, or ferret has bitten
another dog, cat, or ferret or has been bitten or otherwise exposed to
a non - domestic animal (such as a raccoon, wood chuck, opossum),
the owner of the bitten } bitin>? dog, cat, or ferret, having been so
notified, either orally in writing, must:
etiffe ,..,hie.. : ..I.. t the peli .de„,,, m e „t• Ml i mm edi a tely
fevaeeifia* the dog, em, of feffet; and (3) ifnfnedia4ely quafalitifle the
ee fi t w.e '
��rovide the care or destruction of the dog, cat or ferret,
as required by the rules and regulations of the Minnesota Board of
Animal Health.
pefi ,.f 180 day The ,de eat, o f ferret m he f elease,d f« v
quafantine aftef 40 days if the following are safisfied
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3. Impoundment. A police officer or animal control officer may seize and
impound or direct the location of the quarantine of any dog, cat or ferret if
(1) there is probable cause that the owner has not or will not maintain the
r�,
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3. Impoundment. A police officer or animal control officer may seize and
impound or direct the location of the quarantine of any dog, cat or ferret if
(1) there is probable cause that the owner has not or will not maintain the
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quarantine of the subject animal as required herein, or the dog, cat or ferret
may be rabid; (2) the owner notified the city that the subject animal has
signs of illness; (3) the dog owner has violated or has had prior violations
of this Chapter; or (4) the dog has been declared a dangerous dog .The
animal seized shall be subject to the necessary tests by a doctor of
veterinary medicine. The confinement, testing, and treatment costs, in
addition to all other expenses incurred, shall be at the sole expense of the
owner of the animal.
Section 4 . Eagan City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 10.99, entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated
verbatim.
Section 5 . Summary Approved. The City Council hereby determines that the text of the
summary marked "Official Summary of Ordinance No. ", a copy of which is attached hereto,
clearly informs the public of the intent and effect of the ordinance. The City Council further
determines that publication of the title and such summary will clearly inform the public of the intent
and effect of the ordinance.
Section 6 . 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 By: Mike Maguire
Its: City Clerk Its: Mayor
Date Ordinance Adopted:
Date Ordinance Published in the Legal Newspaper:
5
tp�)
The following is the official summary of Ordinance No. as approved by the City Council
of the City of Eagan on , 2011.
ORDINANCE NO. SECOND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY
CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTIONS, CRIMES AND OFFENSES" BY
AMENDING SECTION 10.11 REGARDING DOG, CAT, FERRET AND HORSE
REGULATION AND DOG LICENSING; AND BY ADOPTING BY REFERENCE EAGAN
CITY CODE CHAPTER 1 AND SECTION 10.99.
Chapter 10.11 of the City Code was amended to make rabies vaccination standards
consistent with those outlined by the Board of Animal Health, to revise procedures for the
quarantine of animals inflicting and receiving bites, and to revise dog license regulations.
Provisions were also added to develop a procedure for purchasing dog licenses electronically.
A printed copy of the ordinance is available for inspection by any person during regular
office hours at the office of the City Clerk at the Eagan Municipal Center, 3830 Pilot Knob Road,
Eagan, Minnesota 55122.
Effective date. This ordinance shall take effect upon its passage and publication.
L4