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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. N 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. 7 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. /b 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 /c-;k 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 �9 Location Map Fort Snelling State F r mom MM Subject Site W. 11 rry Park Coachman Oaks Condominiums Feet 0 500 1,000 2,000 Legend JMuM City Boundary Parcels Parks Buildings N City of Eapn 3 � ® ®gym .3 %: Yankee Do Ie.Ri DIRIBy Rd ' Cliff Rd Map Area Extent • Coachman Oaks Condominiums Feet 0 500 1,000 2,000 Legend JMuM City Boundary Parcels Parks Buildings N City of Eapn 3 � ® ®gym 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 J41) Location Map Barbara,Cury oil I ME . �Map Area Extent - 111 =_ ■111,1 ®js ®e :�iaieiiiiiiiiiiiii�� ®® ® a :® j ® ® ®i ®11®111 ®,1I Patrick Eagan Park N O �O ortWew Park Project Name: 3924 Boston Court Request: Variance Case Nos.: 23- VA- 02 -10 -11 ' 0 500 1,000 2,0 Legend a9�! City Boundary Parcels Parks Buildings N yet City of Evan `�� 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. Location Map ury P �o �,11111i' � ' I�i�r�e►re ® mill a ■� /it /iO�tile i� I ,; ����� e � ■■■ ®fie ®!O� ® ®�0 ®� ' Q C = a® ®I ®to���►I �j'►j � ® -•• ®1111111 ® �ij��o :��r= 111111►.: � ®o�atiiv Subject Site Park Park ■ 0 500 1,000 Project Name: 3924 Boston Court Request: Variance Case Nos.: 23- VA- 02 -10 -11 City of Eapa e� Legend 4401 ■, City Boundary Parcels Parks Buildings N Map Area Extent ' YNURNAN M..r..necr ht i 6O6b 667b n,. 65 N '■_ -_ .. J Mrnr Ir. M.nrrnr. She 77 1 r• w �rr�. t tan � �`• hGlirn /p %ppp 10 � [ Mwnrpl f ryrn.rrrnt . �' I ln..rnt . lanl � a Ylrnwrt 19 ZZOM M.�r�yo � � ) � � �. nw• n Certificate of Survey for 907 64YO CD. WORTH i h O J to 23. 0 6 533 0 \.' 0 2 a 7, ft � o C O CJ — � r 1 \ i O� _S,o . 0 W \ 138.0¢ N' 89° 43'03'r 0/ - -- --- Denofea Draina e it WiMj Eastmen} Bearings Shown are Assumed. PROPOSED ELEVATIONS a Denotes Iron Monument. o Denotes 'O Foundation Top of Block 90110 Corner Stake. Lowest Floor 893 o goo.o qenotes Existing Elevation. Garage Floor 900.(20 6enotes Direction of Surface Drainage. LOT 12 , Ro ck -- -- LEXh\1C7 SQUARE 2ND ADDI 5uh eel fo dranage d uFi easemen DAKOTA CouN7 - Y, mYw. 1 h.r. t.rlify th.t this I.. t—. Is" to .... I rop is.t.tl.w .1 Is I. .f rM b.Mwd.ri.. d IN. .w.v. do."lb.d 1604, —d of th. 10—ti.. / .1 b.HU 111 ..w, .wd .11 riNN. .nt r..a Atw.wt., U .w 1r.w. or a• told I.wr. A. wrr.y.d b .w. 'his .y .f •.o. - fU Ut�A ANO1N11111IN0, INC. Cale: "'� = 30 e� tt.I...rY; SITE PLAN - -- _. - - - -- - -- - - - - -- - - -_ --- - - -- _ g&jng by �" z Publrshod All R ghts Rose-Ild 1 16 25 11 0 me C= C3 cc cc =2 I M 3 N CL to 43 W7 C 1 4 to tJ ps CI Ct CM M . Li 03 -4 l e. its CA v ce CSI tm L F w cis C.J X .5 tj to rL C1013 ME aui vs -e C3- " =. '", o ci 'M E, cn b.4 CQ In LP jj ji Q p- LL 0 me 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. G1 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 befefe exp Cpl An y s hall (0) th e the a d,difi fe f Lam] i q uafantifie he : h.d' d og, ., .,1 e.d:.,tel, n to f et h;tte aee 6Fdanee ea .. ,.t..el the all ethe b that T> ea with of f erre t di es eff ee f n fi n e�ipefises , ethe... > s,.h.,., eF s „ eli ,mot test;,, al shall s .depa,. a nd ed a s he at t B ite o f ment t« ..t,,, the the illness m .lt e xpense ineeti 1 (b) „f thi of esea he n et;f:e,d .,t ..t. ef., d og, of the ewnef i at t °I th e --f.f -4- of - ra fefret bitten fail ' ' of 4het the deg, ° t f er re t .,. ., he the d ° t ,. fe f et h he i , n e.d s„h;e > t the , > m.t tent by ° ,deete« oi.u.i an d n eeessafy „fe . ,:th r e.i.d shall he ,,tined a pr-ev ided 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�, - Ni1XMW9MI01N I 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�, 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