The URL can be used to link to this page

05/15/2012 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING May 15, 2012 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE 93 II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS 94 A. Swearing -in of Police Officer Alison Burstein P5 B. Recognition of Sergeant Linda Myhre's Retirement after 32 years of service IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE MINUTES e1�} B. PERSONNEL ITEMS P5 C. APPROVE Check Registers �1p D. DECLARE fire equipment surplus and authorize sale of equipment e%l E. APPROVE Change Order No. 7 for City Conduit and Fiber Contract 11 -14 F. APPROVE Joint Powers Agreement for Road Names and Address Database — Dakota County ('a5 G. APPROVE action to not waive the monetary limits on municipal tort liability Pay? H. APPROVE Final Plat for Bordsen Acres I. APPROVE and execute contract with Canadian Pacific Railway for a permit for two conduit and fiber connections at Hwy 149 and Lone Oak Road 5 J. PROCLAIM June, 2012 as Lakes Appreciation Month 91-Y"1 K. PROCLAIM May 20 -26, 2012 as Public Works Week L. RECEIVE Bids and Award Contract 11 -05, Fairway Hills Ultra -High Pressure Zone (Water System Improvements) M. APPROVE Plans & Specifications for Contract 12 -09 ( City -Wide Parking Lot Improvements) and Authorize Ad for Bids Na N. Approve Change Order No. 1 for Contract 12 -06 (Sediment Removal & Outlet Revisions — Water Quality Improvements) Q X4,9 O. APPROVE Change Order No. 1 for Contract 12 -01 (City -Wide Overlays - Street Improvements) ,pqq P. APPROVE Change Order No. 2 for Contract 12 -01 (City -Wide Overlays - Street Improvements) V. PUBLIC HEARINGS Q 'A5 A' VACATION - Oakwood Heights Town homes-Drainage & Utility Easement Vacation B. VARIANCE - Neil Hetherington/ Homeowner - A Variance of 8.7 feet to the required 30 foot setback for a deck located at 903 Oakwood Heights Circle (a �� C. VARIANCE - Gregory Stewart / Homeowner - A Variance of 25 feet to the required 30 foot setback for a deck located at 901 Oakwood Heights Circle VI. OLD BUSINESS A. ORDINANCE AMENDMENT — An Ordinance Amendment to Chapter 10 relative to recreational fires B. ORDINANCE AMENDMENT — An Ordinance Amendment to Chapter 7, Streets and Sidewalks Generally, Section 7.13 Regarding Street Names and Numbers 01-�(O C. ORDINANCE AMENDMENT — An Ordinance Amendment to Chapters 7 and 10 relative to Special Assessments for the Abatement of Public Nuisances and Approve a Resolution Amending the City's Fee Schedule D. ORDINANCE AMENDMENT — An Ordinance Amendment to Chapter 3, Section 3.20, relative to Water Meter Accessibility VII. NEW BUSINESS �1bui A. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION — CSM EAGAN, LLC. A Comprehensive Guide Plan Amendment of approximately 47 acres from Major Office to Retail Commercial, a Rezoning of approximately 47 acres from Research and Development to Planned Development, a Preliminary Planned Development of approximately 47 acres to create a multiple building retail commercial shopping site and a Preliminary Subdivision of approximately 47 acres to create 13 lots, located at 3333 Pilot Knob Road — TO BE CONTINUED TO A FUTURE DATE AT REQUEST OF APPLICANT. 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 a 4b� City of Eagan Wo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 11, 2012 SUBJECT: AGENDA INFORMATION FOR MAY 15, 2012 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the May 15, 2012 City Council agenda, the following items are in order for consideration. Consent Agenda Information Memo May 15, 2012, Eagan City Council Meeting RECOGNITIONS AND PRESENTATIONS Swearing -in of Officer Alison Burstein FACTS: Police Chief McDonald will introduce new Police Officer Alison Burstein to the Council and community. After a brief introduction, she will be administered the oath of office by the Chief. Officer Burstein began her employment on April 2, 2012, H_ Recognitions and Presentations Information Memo May 15, 2012, Eagan City Council Meeting RECOGNITIONS AND PRESENTATIONS: Recognize the retirement of Sergeant Linda Myhre for her thirty -two years of service to the citizens of Eagan. FACTS: • Sergeant Linda Myhre was hired on March 1, 1980. • She held many positions within the police department including, cadet, patrol officer, detective and sergeant. • Police Chief McDonald will address the council with more detail. • Sergeant Myhre will be presented a plaque in appreciation of her service. ATTACHMENTS: None 5 Agenda Information Memo May 15, 2012 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 May 1, 2012 Regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of May 1, 2012 Regular City Council meeting are enclosed on page through 1 r MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota MAY 1, 2012 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, May 1, 2012 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, Public Works Director Colbert, Chief Financial Officer Pepper, Director of Community Development Hohenstein, City Planner Ridley, Police Chief McDonald, Fire Chief Scott, Communications Director Garrison, Director of Parks and Recreation Seydell Johnson, Communications Coordinator Foote, and City Engineer Matthys. AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATION Administrator Hedges thanked Accountant Sue Sheridan for her 27 years of service to the City, and noted Ms. Sheridan's retirement on May 1, 2012. The City Council and City Administrator Hedges recognized Public Works Director Tom Colbert for his 34 years of service to the City of Eagan. Public Works Director Colbert thanked the City for the opportunity to serve. The City Council recognized the Friends of the Farm Volunteers for their volunteer hours at Holz Farm. Volunteer Linda Klein was recognized for volunteering at Holz Farm for 250 hours. 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 April 17, 2012 regular City Council meeting as presented B. PERSONNEL ITEMS: 1. It was recommended to approve the hiring of the Fire Administrative Assistant position, to be named 2. It was recommended to approve the hiring of seasonal employees in Parks and Recreation C. It was recommended to approve the Check Registers dated April 13, 2012 and April 24, 2012 D. It was recommended to approve a Resolution to accept donations to the Fire Department from Alerus Financial Bank and the Eagan Rotary Club E. It was recommended to approve a Resolution to accept a donation to the Police Department from the Eagan Rotary Club F. It was recommended to approve an internal transfer of $5,900 to implement a Composting /Organics Pilot Program at the Eagan Community Center G. Item removed H. It was recommended to approve Plans & Specs for Contract 12 -10, City -Wide Storm Sewer Improvements I. Item removed J. It was recommended to direct preparation of an ordinance amendment to Chapter 3, Section 3.05, Subdivision 5 (Water Meter Accessibility) K. It was recommended to approve Preliminary Planned Development Extension for Boulder Lakes Business Park — Eagan Heights LLC L. it was recommended to approve Exempt Permit for 360 Communities to hold a raffle on May 5, 2012 9 City Council Meeting Minutes May 1, 2012 2 page PUBLIC HEARINGS CERTIFICATION OF DELINQUENT UTILITY BILLS City Administrator Hedges discussed the final assessment roll for delinquent utility bills, noting there are currently approximately 865 utility bill accounts with delinquent payments. The assessable amount of these accounts is $202,960.90. Mayor Maguire opened the public hearing. There being no public coninient, he turned the discussion to the Council. Councilmember Fields moved, Councilmember Bakken 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 4 properties with delinquent false alarm bills with an assessable amount of $760. 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, AND REFUSE REMOVAL BILLS City Administrator Hedges discussed the final assessment roll for delinquent noxious weed, mowing, and refuse removal bills, noting the City currently has 9 properties with an assessable amount of $2,248.06. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion to the Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to close the public hearing and approve the final assessment roll for delinquent noxious weed, mowing, and refuse removal bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 VARIANCE — 1295 TOWN CENTRE DRIVE (SHERWIN- WILLIAMS) City Administrator Hedges introduced the item regarding the variance of 40 feet to the required 50 -foot setback from public right -of -way for construction of a new building on property located at 1295 Town Centre Drive. City Planner Ridley gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Alison Kern, representing the applicant, stated they agreed with all of the conditions of approval and that she was available for questions. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the variance of 40 feet to the required 50 -foot setback from public right -of -way for construction of a new building on property located at 1295 Town Centre Drive subject to the conditions listed in the staff report. Aye: 5 Nay: 0 City Council Meeting Minutes May 1, 2012 3 page OLD BUSINESS RECEIVE BIDS AND APPROVE RESOLUTION AWARDING SALE OF TAXABLE GENERAL OBLIGATION HOUSING IMPROVEMENT BONDS, SERIES 2012A, AND GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2012B City Administrator Hedges introduced the item regarding the sale of taxable general obligation housing improvement bonds and general obligation equipment certificates of indebtedness. Terry Heaton of Springsted presented the bids and the recoimnended action. The Council discussed the bond sale and the financial implications for the City. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve the resolution awarding the sale of $1,660,000 Taxable General Obligation Housing Improvement Bonds, Series 2012A. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Hansen seconded a motion to approve the resolution awarding the sale of $585,000 General Obligation Equipment Certificates of Indebtedness, Series 2012B. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to engage Springsted, Inc. to perform future continuing disclosure reporting and arbitrage rebate calculation requirements for the approved bonds. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - AN ORDINANCE AMENDMENT TO CHAPTERS 11 AND 5 TO MODIFY THE DEFINITION OF RESTAURANT. City Administrator Hedges introduced the item regarding the ordinance amendment to City Code Chapters 11 and 5, to modify the definition of a restaurant. City Planner Ridley gave a staff report. The City Council discussed the ordinance amendment. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the ordinance amendment to City Code Chapter 11, Sections 11.30 and 11.60, relating to restaurant definitions and direct the City Attorney to publish a summary amendment in the legal newspaper. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the ordinance amendment to City Code Chapter 5, relating to full- service and casual restaurant definitions and direct the City Attorney to publish a summary amendment in the legal newspaper. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT — MAGGIE MELL City Administrator Hedges introduced the item regarding a Conditional Use Permit to allow board of up to 5 horses on Lot 1, Block 1, Hidden Horse Stables for John Schonberg and Maggie Mell. City Planner Ridley gave a staff report. The City Council discussed the conditional use permit application. John Schonberg, representing Hidden Horse Stables, addressed the City Council regarding the request for a Conditional Use Pen-nit. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to allow boarding of up to five (5) horses for Maggie Mell located at 4085 Lexington Avenue South, subject to the following conditions: Aye: 5 Nay: 0 "\ City Council Meeting Minutes May 1, 2012 4 page 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording shall be submitted to the City. 2. The applicant shall utilize the site as identified on the Site Plan received March 19, 2012. 3. The premises shall be open for inspection by City and County agents and they shall be allowed access to inspect the premises. 4. The applicant shall meet all enviromnental and water quality standards. 5. No signage shall be displayed for advertising of the boarding facility. 6. The applicant shall maintain the existing fences to contain the horses and to prevent the animals from escaping onto neighboring properties or injuring the public. 7. No horses shall be buried on the property. 8. The applicant shall adhere to the MPCA guidelines for manure management. The composting shall occur outside the Shoreland Overlay district as identified on the Site Plan received March 19, 2012. The manure shall be picked up weekly and removed from the site on a semiannual basis. 9. There shall be no additional removal of trees or vegetation of any kind on the property. 10. The paddock shall remain sectioned into thirds as was required with the 2009 approval, which includes an electrical fence to be in place as per the submitted maintenance plan. 11. The applicant shall take and maintain measures to eliminate soil erosion from the subject property onto adjacent property. 12. Soil samples shall be submitted annually to the University of Minnesota Soil Testing Lab for "regular series" and results provided to the City. If the results are not acceptable to City staff, measures shall be taken to correct the condition of the soil. 13. The east frontage of the property along Lexington Avenue shall remain fenced with a gate at the driveway. 14. Annual Coggins testing shall be administered to the horses with results made available to City staff. PLANNED DEVELOPMENT AMENDMENT — EP DEVELOPMENT, LLC City Administrator Hedges introduced the item regarding a planned development amendment to allow a medical facility located at 3010 Denmark Avenue. City Planner Ridley gave a staff report. The City Council discussed the planned development amendment. Tom Klassen, representing EP Development, LLC, addressed the City Council regarding the request for a planned development amendment. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow a medical office at 3010 Denmark Avenue, subject to the following conditions: Aye: 5 Nay: 0 1. A written Final Planned Development Agreement shall be executed and recorded with the County Recorder's office. The following exhibits are necessary for the Final PD Agreement. • Final Site Plan • Final Building Elevations • Final Site Lighting Plan • Final Landscape Plan (including monument sign) • Final Signage Plan 2. All green and landscaped areas shall be irrigated. 3. The applicant shall submit a revised Photometric plan that provides the specifications that include the pole and base height, fixture information, and average to minimum calculations for the entire site. The fixtures shall have full cutoff performance which are "nighttime friendly ". 4. The applicant shall revise the Photometric Plan so that the parking lot and drive aisle lighting achieves a minimum of 0.5 footcandles. 5. The revised Photometric Plan shall have an average -to- minimum uniformity ratio not greater than 4:1. 6. The revised Photometric Plan shall incorporate 30 foot poles plus a base for a total height of 32' 6 ", 7. The building signs shall consist of either individual channel letters or backlit letters. 8. All signage shall comply with City Sign Code requirements. 9. The monument sign base shall be constructed of the same materials used for the principal building. City Council Meeting Minutes May 1, 2012 5 page 10. The Site Plan (A010) shall be revised to add a north arrow. 11. Building identification numbers shall be installed consistent with City Code Section 2.78. 12. 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 in the proof -of- parking location, as identified on the Site Plan, within one year of notice to the Applicant or its successors or assigns. 13. At the time that the proof of parking is required to be constructed, the directional sign adjacent to Denmark Avenue shall be removed. 14. The applicant shall ensure fire hydrant coverage is provided on this lot, in accordance with City Fire and Engineering standards. 15. The applicant shall provide evidence that a private access agreement with the 3000 Demnark Avenue (Microtel Inn) exists and is in a form acceptable to the City Attorney. This document shall be recorded prior to issuance of any Building Permits. 16. The applicant shall reach an agreement with the property owner of 3000 Demmark Avenue (Microtel Inn) regarding connection access and future maintenance of the water line, in a form acceptable to the City Attorney, prior to building permit issuance. REZONING AND FINAL PLANNED DEVELOPMENT — OPPIDAN, INC. City Administrator Hedges introduced the item regarding a rezoning from CSC, Community Shopping Center to PD, Planned Development and A Final Planned Development of approximately 2.8 acres to allow a multiple tenant building, for properties at 1992 and 1996 Cliff Road and 1984 Ralincliff Court. City Planner Ridley gave a staff report. The City Council discussed the rezoning and final planned development proposal. Paul Tucci, representing Oppidan, Inc., addressed the City Council regarding the request for rezoning and final planned development. Mr. Tucci and the City council discussed the vagaries of the existing Condo Plat. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a Rezoning of 2.8 acres from Community Shopping Center (CSC) to Planned Development (PD) for property located at 1992 and 1996 Cliff Road and 1984 Rahncliff Court. Aye: 5 Nay: 0 Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve a Final Planned Development to allow a 7,150 sq. ft. multi- tenant retail building for property located at 1992 and 1996 Cliff Road and 1984 Rahncliff Court, subject to the following conditions: Aye: 5 Nay: 0 1. A written Final Planned Development Agreement shall be executed and recorded with the County Recorder's office. The following exhibits are necessary for the Final PD Agreement. • Final Site Plan • Final Building Elevations (including trash enclosure) • Final Site Lighting Plan • Final Landscape Plan (corresponding to,legend) • Final Signage Plan 2. This Final Planned Development allows for the following: • Multiple buildings on one parcel • Joint parking • Outdoor patio dining, not to exceed 24 total seats (subject to building permit, SAC determination and site plan approval by City staff) • On sale liquor (beer /wine; subject to liquor license approval) • The new west elevation of the easterly building shall snatch the exterior materials of the existing building 3. All owners of the CIC plat shall be a party to the Final PD Agreement and provide signatures on said document. \1 City Council Meeting Minutes May 1, 2012 6 page 4. This development shall dedicate street & trail easement along Raluicliff Road to a minimum of two feet east of the existing trail along the east side of Rahncliff Road. 5. The applicant shall be responsible for relocating the existing hydrant at the new entrance onto Raluicliff Court under the building permit application, in accordance with City engineering standards. 6. Mechanical equipment units shall be setback from the edge of the roof a minimum of 20 feet. Screening of said units shall meet all City Code requirements. 7. Building identification numbers shall be installed consistent with City Code Section 2.78. 8. The trash enclosure shall meet City Code requirements. 9. The developer shall provide evidence of the condominium plat and the necessary signatures of both owners and lenders, in a form acceptable to the City Attorney, prior to recording of the Final PD Agreement. Signage 10. The exterior elevations shall be revised to accurately reflect the number of tenants, equally allot the sign bands, provide adequate spacing between the sign bands and reduce the number of wall signs, up to two total signs for the end units and one for each interior tenant, as required by City Code. 11. The pylon sign shall not exceed 27 feet in height and shall comply with all other City Sign Code requirements. 12. Sign permits shall be obtained prior to installation for both the building and pylon signs. 13. All awnings shall be constructed of Sunbrella, Arlon or Canvas material and shall exclude tenant identification. Landscaping 14. The Final Landscape Plan shall provide labels with the plant type key in accordance with the legend. 15. All landscaped areas shall be irrigated. 16. The applicant shall be responsible for regular inspections and maintenance of the stormwater features and for reporting to the City about these activities. LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. ADMINISTRATIVE AGENDA CITY COUNCIL COMMENTS Mayor Maguire noted there will be a Memorial Day observance on May 28 at 2 p.m. at the Memorial and Tribute Plaza at Central Park. DIRECTOR OF PUBLIC WORKS Public Works Director Colbert noted the May 8, 2012 Special City Council meeting and distributed the proposed 5- year Capital Improvement Plan. Colbert again thanked the City Council for the opportunity to serve the City. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 8:16 p.m. Aye:5 Nay :0 Date k City Council Meeting Minutes May 1, 2012 7 page Mayor Cleric Agenda Information Memo May 15, 2012 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Accept the resignation of Maura Marko, PT Office Support /GIS Specialist at the Central Maintenance Facility, effective May 18, 2012, and authorize her replacement. Item 2. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal Employees in Parks & Recreation, Utilities, Finance and Engineering: Name Division Job Title Andrew Scipioni Engineering Engineering Intern Matthew Messerly Engineering Engineering Intern Alyssa Miller Finance Finance Intern Allison Dodge Parks & Rec Concession Worker Tyler Streff Parks & Rec Concession Worker Corrine Hilden Parks & Rec Event Site Coordinator Megan Grouws Parks & Rec Park Attendant Richard Lemay Parks & Rec Park Laborer Cody Johnson Parks & Rec Park Laborer Katie Konat Parks & Rec Park Laborer Jeff O'Donnell Parks & Rec Park Laborer Bruce Laffrenzen Utilities Seasonal Utility Maintenance Water Karen Bogg Quality Water Resources Intern INFORMATIVES: Part -time Police Clerical Technician 4 named: Saundra Buenning. • City Council approved hiring for this position on April 17, 2012. Agenda Information Memo May 15, 2012 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated May 4, 2012 as presented. ATTACHMENTS: • Check registers dated May 4, 2012 are enclosed without page number. Agenda Memo May 15, 2012 Regular City Council Meeting CONSENT AGENDA: D. DECLARE FIRE EQUIPMENT SURPLUS PROPERTY AND AUTHORIZE SALE OF EQUIPMENT. ACTION TO BE CONSIDERED: To declare certain fire equipment surplus property and authorize its sale. FACTS: • The Fire Department is requesting authorization to sell some used surplus fire equipment for the purpose of purchasing a new hydraulic rescue tool for auto extraction. • The used equipment includes: o (2) Used Holmatro extraction tools- these extraction tools are not able to cut some of the heavier metals used in today's vehicles which are built with added occupant safety features. o (2) Used brush fire pumps- the fire department responds to very few grass fires and these pumps are no longer needed. • (1) Used 2001 Ford pick -up that was won by the Eagan Fire Department in a contest in 2000. The truck still has emergency equipment on including lights and siren. It will be advertised as a used fire vehicle to other fire departments. • All of this equipment still has value as fire /rescue equipment and the intent is to advertise the equipment through the League of Minnesota Cities as fire /rescue equipment. • The funds from the sale of this equipment would be combined with a recent grant to purchase a new heavy duty extraction tool. ATTACHMENTS: None i�D Agenda Information Memo May 15, 2012 Eagan City Council Meeting CONSENT AGENDA: E. APPROVE CHANGE ORDER #7 FOR CITY CONDUIT AND FIBER CONTRACT 11 -14 ACTION TO BE CONSIDERED: To approve change order 7 to Contract 11 -14. FACTS: • Contract 11 -14 was bid with the understanding that the conduit and fiber would terminate at the Data Center. • The Data Center build out is at least a year and a half away from completion. To bring the fiber online and make it usable earlier, Design Nine has recommended utilizing rack space in the Fire Station 2 Data Room to house the electronics until the Data Center is completed. After the Data Center is completed, Fire Station 2 will serve as the "hotsite" backup facility to AccessEagan fiber. • If this change order is approved it would allow the AccessEagan fiber network to add its first customers late summer or early fall. • This will provide two 1.5" conduits from the north side of Yankee Doodle Road across the street to the existing handhole located on Fire Station 2 property. This will include 144 strands of fiber coming in from the AccessEagan fiber line and terminating in the Fire Station 2 Data Room. MP Nexlevel will install a rack mounted patch panel, wall mounted splice cabinet and splice 288 fibers. • Consultants, Design Nine and Elert & Associates are recommending approval of the change orders resulting in a total increase of $33,365.50 to Contract 11 -14. • This contract was bid well below the original estimate. ATTACHMENTS: (None) \9 Agenda Information Memo May 15, 2012 Eagan City Council Meeting F. APPROVE A JOINT POWERS AGREEMENT FOR ROAD NAMES AND ADDRESS DATABASE — DAKOTA COUNTY ACTION TO BE CONSIDERED: To approve a Joint Powers Agreement with Dakota County for Road Names and Address Data Base Maintenance FACTS: • State Statutes authorize local governmental units to jointly or cooperatively exercise any power common to the contracting parties. • State Statutes authorize the County to name County roads located in the County and the City to name City roads and assign addresses located in the City. • The County and City wish to maintain a common GIS database of addresses and road names for their mutual benefit for emergency dispatch and other purposes and wish to set forth their respective roles and responsibilities and the terms and conditions of their understanding. • The Joint. Powers Agreement (JPA) identifies the creation of the Road Naming and Addressing Committee composed of one representative from each city with primary responsibility for naming streets and assigning addresses in the city. Eagan's Planning Aide has been designated as the staff representative on this committee. • The JPA will have no impact on how streets are named or addressed in the City of Eagan, but will provide for a common GIS data base across the County. ATTACHMENTS: • Enclosed on pages C� through aL+ is a copy of the JPA. OR JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND CITY OF EAGAN FOR MAINTENANCE OF GIS DATABASE CONTAINING ROAD NAMES AND ADDRESSES This Joint Powers Agreement (the Agreement) is entered into on 2012, by and between the County of Dakota, a political subdivision of the State of Minnesota, Dakota County Administration Center, 1590 Highway 55, Hastings, Minnesota, 55033, hereinafter referred to as COUNTY, and the City of Eagan, a Minnesota municipal corporation, 3830 Pilot Knob Road, MN, 55122, hereinafter referred to as the CITY, pursuant to the authority contained in Minn. Stat. § 471.59. WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, Minn. Stat. § 163.02 authorizes the COUNTY to name COUNTY roads located in the COUNTY; and WHEREAS, Minn. Stat. § 412.221 authorizes the CITY to name CITY roads and assign addresses located in the CITY; and WHEREAS, the CITY and COUNTY wish to maintain a common GIS database of addresses and road names for their mutual benefit for emergency dispatch and other purposes and wish to set forth their respective roles and responsibilities and the terms and conditions of their understanding. NOW, THEREFORE, in consideration of the mutual promises and benefits that they will derive from this Agreement, the COUNTY and the CITY do hereby agree as follows: ARTICLE 1 PURPOSE The purpose of this Agreement is to define the terms and conditions pursuant to which the COUNTY and the CITY will establish and maintain a common GIS database containing all addresses and road names within the city and Dakota County. ARTICLE 2 TERM 2.1 Effective Date. The term of this Agreement shall commence on the last signature that this Agreement was executed by either party. 2.2 Expiration Date. This Agreement shall remain in full force and effect until terminated pursuant to Article 10 of this Agreement. ARTICLE 3 COOPERATION The COUNTY and the CITY agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely manner. I0� ARTICLE 4 RESPONSIBILITIES OF THE CITY 4.1 DESIGNATE ROAD NAMING AND ADDRESSING AUTHORITY, The CITY will designate an individual staff with primary responsibility for naming roads and assigning addresses on roads over which the CITY has jurisdiction. This individual will be the primary contact for any questions or issues regarding road names and addresses on city roads. 4.2 ASSIGN NEW ROAD NAMES AND ADDRESS. All requests for new addresses and road names over which the CITY has jurisdiction will be directed to the Road Naming and Addressing Authority in that city. The Road Naming and Addressing Authority will assign road names and addresses that conform to the appropriate road naming and addressing system and identify and engage any other CITY staff to obtain formal approval, if necessary. 4.3 UPDATE ROAD NAME AND ADDRESS DATABASE. The CITY Road Naming and Addressing Authority will update the road name and address database using tools or procedures approved by the COUNTY prior to actually releasing the new road names and addresses to the property owner or developer. 4.4 PARTICIPATE IN ROAD NAMING AND ADDRESSING COMMITTEE. The CITY Road Naming and Addressing Authority will represent CITY on the Road Naming and Addressing Committee, 4.5 NOTIFICATIONS. After updating the county road name and address database, the CITY will be responsible for notifying any CITY departments, the property owner or developer, the U.S. Postal Service, and all other appropriate contacts except those notified by the COUNTY as stated in NOTIFICATIONS in Article 5 of this Agreement, of new road names and addresses. ARTICLE 5 RESPONSIBILITIES OF THE COUNTY 5.1 DESIGNATE ROAD NAMING AUTHORITY. The COUNTY will designate an individual staff with primary responsibility for naming roads over which the COUNTY has jurisdiction. This individual will be the primary contact for any questions or issues regarding road names on county roads. 5.2 DESIGNATE ROAD NAME AND ADDRESS DATABASE ADMINISTRATOR. The COUNTY will designate an individual with primary responsibility for administering the road name and address database. The database administrator will be responsible for managing all access to the database and related applications. 5.3 ASSIGN NEW ROAD NAMES. All requests for new road names for roads over which the COUNTY has jurisdiction will be directed to the COUNTY Road Naming Authority. The COUNTY Road Naming Authority is responsible for assigning road names that conform to the COUNTY road naming system and identifying and engaging any other COUNTY staff to obtain formal approval, if necessary. 5.4 UPDATE ROAD NAME AND ADDRESS DATABASE. The COUNTY Road Naming Authority will update the road name and address database using COUNTY supplied tools for COUNTY roads. The COUNTY Road Naming Authority will also perform updates for township roads prior to providing new road names and addresses to a township, which subsequently releases the new road names and addresses to the property owner or developer. 5.5 COORDINATE ROAD NAMING AND ADDRESSING COMMITTEE. The COUNTY Road Naming Authority will represent COUNTY on the Road Naming and Addressing Committee and will act as the Chair of the Committee. Committee will meet as needed to discuss issues related to maintaining and distributing the database, X r 5.6 DEVELOP, HOST, AND MAINTAIN DATABASE EDITING APPLICATIONS. The COUNTY is responsible for developing and hosting applications providing direct editing capabilities to the county -wide road and address GIS database. 5.7 PERFORM QUALITY ASSURANCE TESTING. The COUNTY will create and perform systematic testing and validation procedures to identify any issues and potential issues related to assigned addresses and road names. These issues will be documented and provided to the appropriate CITY Road Naming and Addressing Authority for resolution. 5.8 DISTRIBUTE ROAD NAME AND ADDRESS DATABASE. The COUNTY will be responsible for distributing road name and address database for use in other organizations and systems, including; LOGIS (Computer Aided Dispatch system), CJIIN (Records Management System), Metro GIS (for further distribution), CITY Information Technology staff (for integration into city applications), and others as needed. Distribution will be accomplished through standardized formats and procedures with an emphasis on automation to make the distribution as streamlined as reasonably possible. 5.9 NOTIFICATIONS. After confirming updates to the county road name and address database, the COUNTY will be responsible for notifying other COUNTY departments and the Dakota Communications Center or its successor of new road names and addresses. ARTICLE 6 THE ROAD NAMING AND ADDRESSING COMMITTEE There is hereby created a Road Naming and Addressing Committee. CITY and COUNTY will participate in the proceedings of this committee through their respective Road Naming and Addressing Authorities who shall sit as members of the committee. The committee will be chaired and organized by the COUNTY to discuss any issues related to assigning road names and addresses and related applications and databases. The Chair will call for a meeting of the committee members upon a request by two or more committee members. ARTICLE 7 LIMITATION OF LIABILITY AND HOLD HARMLESS 7.1 Neither the COUNTY nor CITY is responsible for the independent acts and /or omissions of the other party, or their officers, employees, or agents nor is either responsible for the independent acts and /or omissions of other cities that enter into the same or similar Agreements with the COUNTY for street naming and address assignment. 7.2 It is the intent of the parties that each party including their respective public safety agencies shall be responsible for any claims or liabilities arising frorn the negligent, willful, or intentional acts or omissions of their respective public safety personnel without contribution from the other party to this Agreement. 7.3 Each party agrees to indemnify, defend, and hold harmless the other party, its agents, officers, and employees from all claims whatsoever that may arise against the other party (including, their public safety agencies) as a result of the negligent, willful or intentional acts or omissions of the party or their respective public safety personnel; 7.4 Each party shall process and defend, at its own expense and without contribution from the other party, any and all claims of whatsoever kind or nature, with respect to the party's acts or omissions of services or otherwise in response to E911 or emergency or non - emergency requests for services, including any claims that allege information in the county road name and address database is not accurate. �X 7.5 It is understood and agreed that the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability arising from a party's acts or omissions. Each party warrants that they have an insurance or self- insurance program and that each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466 ARTICLE 8 AUTHORIZED REPRESENTATIVES AND LIAISONS 8.1 AUTHORIZED REPRESENTATIVES. The following named persons are designated the authorized representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications and subcontracts, except that the authorized representative shall have only the authority specifically or generally granted by their respective governing board or council. Notice required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement: TO THE COUNTY: Dakota County Lynn Thompson Physical Development Division Director 14955 Galaxie Avenue Apple Valley, MN 55124 TO THE CITY: City of Eagan Thomas Hedges City Manager 3830 Pilot Knob Road Eagan, MN 55122 In addition, notification to the COUNTY regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, 1560 Highway 55, Hastings, Minnesota 55033. 8.2 LIAISONS. To assist the parties in the day -to -day performance of this Agreement and to ensure compliance and provide ongoing consultation, a liaison shall be designated by the COUNTY and the CITY. The COUNTY and the CITY shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: COUNTY Liaison: Randy Knippel Telephone: (952) 891 -7080 CITY Liaison: Name: _ Telephone: Email: ARTICLE 9 MODIFICATIONS Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, approved by the parties respective governing bodies and signed by the authorized representatives of the COUNTY and the CITY. wlw ARTICLE 10 TERMINATION Either party may terminate this Agreement for cause by giving seven days' written notice or without cause by giving thirty (30) days' written notice of its intent to terminate to the other party. If the termination is for cause, the notice shall specify the circumstances warranting termination of the Agreement. Cause shall mean a material breach of this Agreement and any supplemental agreements or amendments thereto, Notice of Termination shall be made by certified mail or personal delivery to the authorized representative of the other party. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. ARTICLE 11 MINNESOTA LAW TO GOVERN This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in the County of Dakota, State of Minnesota. ARTICLE 12 MERGER This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. ARTICLE 13 SEVERABILITY The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. ARTICLE 14 DATA PRACTICES AND CONFIDENTIALITY The parties agree to comply with the provisions of the Minnesota Government Data Practices Act and its implementing rules and any other privacy laws that apply to any data collected, created, received kept or shared by either party under this Agreement. ARTICLE 15 DISPOSITION OF PROPERTY When this Agreement is terminated, each party may retain any address and street name data or records that were created, shared or distributed to it pursuant to this Agreement. iF IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. APPROVED AS TO FORM: Us ' ah County Attorney Date Dakota County #C0023705 County Board Res. No. 12 -150 K -11- 412.003 K11- 412.003 JPA with City of Eagan (.IRS) COUNTY OF DAKOTA U Date of Signature: CITY OF EAGAN M Date of Signature: Agenda Information Memo May 15, 2012 Eagan City Council Meeting G. APPROVE ACTION TO NOT WAIVE THE MONETARY LIMITS ON MUNICIPAL TORT LIABILITY ACTION TO BE CONSIDERED: To approve action to not waive the monetary limits on municipal tort liability. FACTS: • Each year at the time of renewal of the City's property /casualty insurance policies, the City Council is asked by the League of Minnesota Cities Insurance Trust ( LMCIT) to take formal action to "waive" or "not waive" the statutory tort limits to the extent of the insurance coverage being purchased. • Minnesota Statutes provide the maximum liability of any municipality on any claim to be $500,000 when the claim is for death by wrongful act or omission and $500,000 to any claimant in any other case and $1,500,000 for any number of claims arising out of a single occurrence. These limits do not cover MN Statutory Liquor and Federal Laws (Civil Rights and Disabilities). • In addition, the City is annually provided an option to purchase excess liability coverage, in effect raising the statutory limits. However, because the statutory limits have been upheld in numerous court cases and because of the relatively high premium costs, Eagan has chosen over the past number of years not to purchase any excess liability coverage. In May 2010, Eagan chose not to waive the statutory tort limits for its 2010 -2011 insurance renewal, a change from the City's historical practice. Choosing not to waive the statutory tort limits means that an individual claimant could potentially recover no more than $500,000 on any claim to which the statutory tort limits apply. The total that all claimants could potentially recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. If Eagan chooses to waive the statutory tort limits, a single claimant could potentially recover up to $1,500,000 on a single occurrence to which the statutory tort limits apply. The total all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $1,500,000, regardless of the number of claimants. If a city chooses to waive the tort limits, the LMCIT adds 3.5% to the liability premium. That additional premium amounts to approximately $6,000 annually for Eagan. Staff has not done a survey, but in discussing the issue with the City's insurance agent there does not appear to be a consistent conclusion reached by the various cities insured by the LMCIT as to either purchase excess liability coverage and /or to waive or not waive the tort limits. Individual City philosophies and financial situations are most important in informing the decision. While staff has not requested a complete legal analysis of the issue, the City Attorney sees the decision to waive or not waive the tort limits as a matter of public policy for the City Council to decide. ATTACHMENTS: (None) a(o Agenda Information Memo May 15, 2012, Eagan City Council Meeting H. FINAL PLAT — BORDSEN ACRES ACTION TO BE CONSIDERED: To approve a Final Plat to create one lot; Lot 1, Block 1, Bordsen Acres, on approximately 1.77 acres located at 733 Bradford Place. REQUIRED VOTES FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The subject property is unplatted and a single family home and detached garage are present on the site. Also present are the original grain barn and chicken coop. ➢ The current owners purchased the property in 1993 and relocated the driveway access from Dodd Road to Bradford Place. ➢ The City Council approved a rezoning of the property to PD (Planned Development) at their February 8, 2012 meeting. The PD approved a new 1,248 sq. ft. garage detached garage and an addition to the home. ➢ The PD required platting of the property prior to issuance of a building permit. ATTACHMENTS: (2) Location Map, page Final Plat, page 39 6p His ZPA still 1 i Hfill! i 1 1 j p • UI I gill! i 1 a - UP Zia I ! TIM 1 Sy�ES ,l � Y y�i e c S Z' � °� p� Q � U I 411 wa jo A\ An a Agenda Memo May 15, 2012 Regular City Council Meeting CONSENT AGENDA: I. APPROVE AND EXECUTE CONTRACT WITH CANADIAN PACIFIC RAILWAY FOR A PERMIT FOR TWO CONDUIT AND FIBER CONNECTIONS AT HWY 149 AND LONE OAK ROAD ACTION TO BE CONSIDERED: Approve and execute contract with Canadian Pacific Railway for a permit ( #40756) to install two fiber optic cables and two 1.5" plastic conduits across the Canadian Pacific Railway's right of way and authorize the Mayor and City Clerk to sign the contract at the direction of the City Administrator. FACTS: • As part of Phase 1 Fiber /Conduit Project (AccessEagan), the City's route crosses the Canadian Pacific Railway right of way at railroad mile post: 159.12 approximately 72 feet south of Lone Oak Road in Eagan. See attached map. • The City's fiber contractor, MP Nexlevel plans to bore at a depth of 60 feet below the rail line. In order to cross this railway right of way, the City needs to obtain a cable crossing permit from Canadian Pacific Railway. • Without this permit, the City would not be able to extend its Conduit /Fiber project along Highway 149, from Lone Oak Road to Wescott Road. • This contract requires signatures from the Mayor and City Clerk ATTACHMENTS: • Enclosed on page3 ` is a map showing the location of the project. iMxtct�3 NON z � � a f < f s fi,, }c� § Sys FM s` a. • d- �° v GOT � 1 � 3 i3 b. f � 7 r r I 'E 2g '. ;yam A 9 F t Yu� i # INNx } �m� t 7k r i� rT ZIA, t - i 3 c t 5q 3 i�x s, 3 jgr � /� $ I P , '4a�� p F ;2 t -, 1, -✓si " F' iMxtct�3 NON z � � a f < f s fi,, }c� § Sys FM s` a. • d- �° v GOT � 1 � 3 i3 b. f � 7 r r I 'E 2g '. ;yam A 9 F t Yu� i # INNx } �m� t 7k r i� rT WIRE CROSSING PERMIT License No. 4075601 THIS AGREEMENT made and entered into as of the 15th day of May, 2012, by and between SOO LINE RAILROAD COMPANY, doing business as Canadian Pacific Railway, hereinafter called "Railroad Company," and CITY OF EAGAN, hereinafter called "Licensee," WITNESSETH: 1. The Railroad Company grants to the Licensee permission to install, maintain and operate two (2) Underground fiber optic cables, in two (2) 1.5" Plastic conduits, hereinafter called "electric line" when referred to collectively, extending upon or across the Railroad Company's right of way at Railroad Survey Station 2320 +67, approximately 640 feet North of Railroad Mile Post 159, in the Railroad Company's Rosemount Spur Subdivision, Eagan, Dakota County, Minnesota in the location indicated on the map marked "Exhibit A," attached hereto and made a part hereof, for the transmission of communication signals, subject to the conditions hereinafter set forth. 2. The Licensee, after first securing all necessary public authority, shall at its sole expense, install, maintain and operate the electric line upon or across the Railroad Company's right of way, and under its track or tracks located thereon, at the above described location, in a manner satisfactory to the Railroad Company's Chief Engineer and in strict conformity with all requirements of the laws of Minnesota and orders promulgated by competent public authority, and with Minnesota Public Utilities Commission rules and regulations, now or hereafter in effect, and so as not to endanger the safety of railroad or other operations upon said right of way, or to interfere in any way with the construction, maintenance, operation or use of any telegraph, telephone or signal lines or circuits of the Railroad Company, or its assigns, now or hereafter located upon said right of way. Whenever the electric line as located upon said right of way shall interfere in any way with the construction, maintenance, operation, use or rearrangement of railroad tracks or any other facilities, or with any use which the Railroad Company may desire to make of its said right of way, the Licensee at its sole expense, upon being notified to do so, shall promptly move the electric line to such new location upon said right of way as may be designated by the Railroad Company, or make such changes in the electric line as the Railroad Company's Chief Engineer may consider necessary and require. 3. The Licensee shall pay the Railroad Company the sum of $1.00 in advance as consideration for the permission herein granted, and shall assume and pay all taxes and assessments that may be levied or assessed against the electric line, or against the Railroad Company's property by reason of the location of said electric line thereon. Except as provided in paragraph 6 below, this agreement shall continue in effect until terminated by either party hereto upon ninety (90) days' written notice to the other. The, Licensee shall not, by reason of termination of this agreement, be entitled to refund or reimbursement of any payment, or portion thereof, made by the Licensee under this agreement. 4. Maintenance and operation of the electric line upon or across the Railroad Company's property at the above described location, however long continued, shall not vest in the Licensee any rights adverse to those of the Railroad Company. 5. As one of the material considerations of this agreement, without which the license granted hereunder would not be granted, the Licensee expressly assumes any and all risk of damage to or destruction of the electric line through any cause whatsoever while located upon or across the Railroad Company's property, and hereby releases and agrees to indemnify, hold harmless and defend the Railroad Company and its directors, officers, stockholders, divisions, agents, affiliates, subsidiaries, predecessors, successors and assigns, or anyone acting on its behalf or their behalf, from and against any and all Claims (including without limitation any Claims arising under any Environmental Law and all Agr. No. 4075601 City of Eagan, MN WIRE XING FORM 302.06/03.std Page 1 of 3 CANADIAN PAMIFIC E3&mwAy Project # 11113509 Claims arising at common law, in equity or under a federal, state or local statute, rule or regulation) of every kind, past, present and future, existing and contingent, known and unknown, arising from any injury to persons, firms or corporations whomsoever (including the parties hereto and their employees, agents and invitees), including injuries resulting in death, and damage to property whatsoever (including property of the parties hereto), wherever such persons or property are located, caused by or attributable to, in whole or in part, the presence of the electric line upon the Railroad Company's property, or any act or omission of the Licensee (or the Licensee's employees, agents, contractors, representatives, or invitees), including without limitation the Use or Release of Hazardous Substances by the Licensee and the breach by the Licensee of any of its warranties, representations or covenants. The Licensee's obligations hereunder shall survive the termination or expiration of this agreement. 6. If the Licensee shall at any time fail to perform or comply with any provision of this agreement, and such default continues for a period of thirty (30) days after written notice thereof by the Railroad Company to the Licensee, this agreement and the permission herein granted shall forthwith wholly terminate. Notwithstanding the foregoing, if the Licensee shall default on its obligation to make any payment required under this agreement, the Railroad Company may immediately declare this agreement and the permission herein granted terminated without advance notice to the Licensee. The waiver by the Railroad Company of a breach by the Licensee of any provision hereof, shall be limited to the act or omission constituting such breach, and shall not constitute a continuing or permanent waiver. 7. This agreement shall not be assigned or in any manner transferred by the Licensee, voluntarily or involuntarily, by operation of law or otherwise, without the advance written consent of the Railroad Company. Any attempted or purported assignment or transfer by the Licensee without such consent shall be void. Subject thereto, this agreement shall inure to the benefit of, and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties. 8. Any notice given by the Railroad Company hereunder shall be good if served personally upon the Licensee or if deposited in a United States post office, certified mail, addressed to the Licensee at the Licensee's last known address. 9. The Licensee, upon termination of this agreement or upon permanent abandonment of the electric line, shall at its sole expense promptly remove the electric line from the Railroad Company's property, and restore said property to the condition it was in prior to the execution of this agreement. If the Licensee shall fail to do so, the Railroad Company shall then have the right to effect such removal and restoration, in which event the Licensee shall promptly reimburse the Railroad Company for all costs incurred in connection with such removal and restoration, plus fifteen percent (15 %). 10. The Railroad Company does not warrant title to the above - described property, and the Licensee shall have no recourse against the Railroad Company in the event the Licensee shall be required, through the action of any third party, to either remove the electric line from the Railroad Company's property or to make any payment to avoid such removal. 11. Each provision, paragraph, sentence, clause, phrase, and word of this agreement shall apply to the extent permitted by applicable law and is intended to be severable. If any provision, paragraph, sentence, clause, phrase or word of this agreement is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the legality or validity of the remainder of the agreement. 12. (A) "Claim" or "Claims" means any and all liabilities, suits, claims, counterclaims, causes of action, demands, penalties, debts, obligations, promises, acts, fines, judgments, damages, consequential damages, losses, costs, and expenses of every kind (including without limitation any attorney's fees, consultants' fees, response costs, remedial action costs, cleanup costs and expenses which may be related to any Claims); (B) "Environmental Law" or "Environmental Laws" means the Comprehensive Environmental Response, Compensation and Liability Act ( "CERCLA "), 42 U.S.C. § 9601 et seq., the Agr. No. 4075601 City of Eagan, MN WIRE XING FORM 302.06/03.std Page 2 of 3 CANADIAN PA FM RAILWAY Project # 11113509 J� Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., the Clean Water Act, 33 U.S.C. § 1321 et seq., the Clean Air Act, 42 U.S.C. § 7401 et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., all as amended from time to time, and any other federal, state, local or other governmental statute, regulation, rule, law or ordinance dealing with the protection of human health, safety, natural resources or the environment now existing or hereafter enacted; (C) "Hazardous Substance" or "Hazardous Substances" means any pollutant, contaminant, hazardous substance or waste, solid waste, petroleum product, distillate, or fraction, radioactive material, chemical known to cause cancer or reproductive toxicity, polychlorinated biphenyl or any other chemical, substance or material listed or identified in or regulated by any Environmental Law; (D) "Release" or "Released" means any actual or threatened spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, disposing or spreading of any Hazardous Substance into the environment, as "environment" is defined in CERCLA; (E) "Use" means to manage, generate, manufacture, process, treat, store, use, re -use, refine, recycle, reclaim, blend or burn for energy recovery, incinerate, accumulate speculatively, transport, transfer, dispose of, or abandon a Hazardous Substance. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed as of the day and year first above written. SOO LINE RAILROAD COMPANY doing business as Canadian Pacific Railway By Director Real Estate U.S. CITY OF EAGAN By Mayor By City Clerk Not Assignable Without Consent NOT TO BE RECORDED IN PUBLIC RECORDS Agr. No. 4075601 City of Eagan, MN WIRE XING FORM 302.06/03.std Page 3 of 3 CANADIAN PLkC..1Pmi RAILWAY 1 Project # 11113509 Agenda Information Memo May 15, 2012 Eagan City Council Meeting J. JUNE - LAKES APPRECIATION MONTH ACTION TO BE CONSIDERED: Proclaim June, 2012 as Eagan Lakes Appreciation Month and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Eagan is blessed with more than 350 lakes and ponds greater than 1 acre offering abundant recreational opportunities and aesthetic enjoyment for Eagan residents, employees and visitors. These amenities also can have a positive affect on adjacent property values. • Lakes, ponds, and wetlands are affected by nutrients, such as phosphorus, erosion sediment and various pollutants carried in storm water and runoff. All of these factors impact aquatic vegetation and the sustainability of wildlife by impairing water quality. Impaired water quality diminishes the positive attributes of these water bodies. • City residents and businesses play essential roles in protecting lakes' aquatic habitat and recreational value by keeping fertilizers, grass clippings and leaves, and other pollutants from entering storm drains that connect to these lakes. • The City Council proclaimed June 2005 as the first Eagan Lakes Appreciation Month to encourage residents and businesses to do all they can to keep Eagan lakes clean by keeping fertilizers out of storm sewers, by picking up nearby trash, and by protecting these treasured water resources. • An annual proclamation of Eagan Lakes Appreciation Month expresses appreciation for these past efforts to protect and improve lake water quality within the City of Eagan for the enjoyment of the residents of the city and region and would encourage additional efforts by residents and businesses, such as holding clean -up days at their nearest water body. ATTACHMENTS: • Proclamation, page CITY OF EAGAN PROCLAMATION EAGAN LAKES APPRECIATION MONTH June 2012 WHEREAS, Eagan has more than 350 lakes and ponds offering abundant recreational opportunities and aesthetic enjoyment for Eagan residents, employees and visitors; and WHEREAS, Eagan residents and visitors derive numerous recreational opportunities to canoe, fish, and swim in many of these lakes while others enjoy walking and observing wildlife near these water bodies; and WHEREAS, City residents play an essential role in protecting lakes' aquatic habitat and recreational value by keeping fertilizers, grass clippings and leaves, and other household pollutants from entering storm drains that connect to these lakes; and WHEREAS, in 1990 the City Council adopted a nationally recognized surface water quality management plan, one of the first Minnesota cities to do so, which the City Council upgraded in 2007 with a water quality and wetland management plan to address efficiently and effectively the issues and needs of its surface water resources for the next 10 years; and WHEREAS, in a 2005 scientific survey of Eagan residents, 99 percent said good water quality of City lakes was very or somewhat important, and nearly half said they visited Eagan parks with lakes at least 5 times per year; and WHEREAS, the North American Lake Management Society is encouraging communities nationwide to declare a Lakes Appreciation Month this summer; and WHEREAS, June would be an appropriate month to declare as Eagan Lakes Appreciation Month to encourage residents and businesses to hold clean -up days at their nearest water body; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council hereby proclaims June 2012 as Eagan Lakes Appreciation Month and urges all residents and businesses to do all they can to keep Eagan lakes clean by keeping fertilizers out of storm sewers, by picking up nearby trash, and by protecting these treasured water resources. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Cleric CERTIFICATION I, Christina M. Scipioni, Cleric of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 15"' day of May, 2012. M Christina M. Scipioni, City Cleric Agenda Information Memo May 15, 2012 Eagan City Council Meeting K. MAY 20 -26, PUBLIC WORKS WEEK ACTION TO BE CONSIDERED: Proclaim May 20 through May 26, 2012, as Public Works Week and authorize the Mayor and City Clerk to execute all related documents. FACTS: • National Public Works Week (NPWW) provides for recognition of the tens of thousands of men and women who provide and maintain the infrastructure and public services that are the heart and essence of a functioning community. While their accomplishments are particularly noteworthy in relation to the limited manpower and financial resources available to them, recognizing this public service delivery can energize and educate the public on the importance of the contribution of public works to their daily lives: planning, building, managing and operating the local communities and building the quality of life. • Instituted as a public education campaign by the American Public Works Association (APWA) in 1960, NPWW calls attention to the importance of public works in community life. National Public Works Week is observed each year during the third full week of May. This annual recognition was the start of what has grown into our City's biannual Community Services Open House. Many State Governors and City Councils throughout the nation historically have take time to help raise the public's awareness of and confidence in public works issues. • This proclamation of Public Works Week in Eagan expresses appreciation for the dedication and never - ending effort of public works professionals to use sustainable solutions to bring the City the highest possible quality of life within a framework of environmental, social, and economic responsibility. ATTACHMENTS: • Resolution, page 31�? -39 CITY OF EAGAN PROCLAMATION PUBLIC WORKS WEEK May 20 through May 26, 2012 WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, traffic safety and water quality; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and WHEREAS,.the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skills of all public works professionals; and NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council hereby proclaim the week of May 20 through May 26, 2012 as Public Works Week and encourages all citizens and civic organizations to acquaint themselves with the various aspects of public works service delivery and to recognize the contributions made by public works professionals every day to our health, safety, comfort, and quality of life. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 15 "' day of May, 2012. Christina M. Scipioni, City Clerk �,2 Agenda Information Memo May 15, 2012 Eagan City Council Meeting L. CONTRACT 11 -05, HIGH PRESSURE ZONE WATERMAIN IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Bids and Award Contract 11 -05 (High Pressure Zone - Watermain Improvements) to Municipal Builders, Inc. in the low bid amount of $446,800.00 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan's water distribution system incorporates 4 different pressure zones due to the change in elevation from the lowest point along the Minnesota River to the highest elevations in the southern portion of the city. These different pressure zones help to insure that all properties have adequate water pressure for all their basic needs. • However, there are approximately 90 homes located in the Fairway Hills and Park Cliff neighborhoods within the High Pressure Zone that still require in -home booster pumps due to their higher elevations. The Minnesota Department of Health has recommended that the City create an additional pressure zone to eliminate these in -home booster pumps. • Contract 11 -05 would install a booster station and a pressure sustaining station with related system piping and controls to create an "Ultra" High Pressure Zone for the water distribution system located primarily east of Pilot Knob Rd and south of Cliff Rd. • On April 3, the Council approved the plans and authorized the advertisement for competitive bids. On May 4, 2012 formal bids were received. Four of nine plan holders submitted bids with the lowest bid ($446,800) below the Engineers estimate ($501,160) by 11% ($54,360). • In 2011, when the project was bid and rejected, the engineers estimate was $394,000 and the low bidder $542,855. The 2011 engineers estimate was based on bid results for similar type work in the stated and previous year. The 2011 actual bid was higher due to the contractor's higher than expected volume of work ATTACHMENTS: • Bid Tab Summary, page �� BID SUMMARY CITY CONTRACT 11 -05 ULTRA HIGH ZONE BOOSTER STATION AND WATERMAIN IMPROVEMENTS CITY PROJECT NO. 1054 CITY CONTRACT NO. 11 -05 Bid Date/ Time: 10:30 a.m., Friday, May 4, 2012 Feasibility Study Estimate: $503,000.00 Engineer's Estimate: $501,160.00 Contractors Total Base Bid 1. Municipal Builders, Inc. $446,800.00 2. Rice Lake Construction Group $500,895.00 3. Magney Construction $528,890.00 4. Gridor Construction $538,000.00 G:Current Council Items /10 -54 /Bid Summary Results j I (� q v Over /Under Over /Under Engineer's Est. Feasibility -11% -11% 0% 0% 6% 5% 7% 7% Agenda Information Memo May 15, 2012 Eagan City Council Meeting M. CONTRACT 12 -09, CITYWIDE PARKING LOT IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 12 -09 (Citywide Parking Lot Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, June 14, 2012. FACTS: Contract 12 -09 provides for pavement and curb & gutter improvements for City parking lots and trails located at: • Northview Park • Rahn Park • Goat Hill Park • Clearwater Park/ South Water Treatment Plant as approved by the City Council on February 21, 2012, for this construction season under the General Facilities portion of the City's 5 -Year Capital Improvement Plan (2012- 2016). These projects are being combined under one contract for economies of scale in the competitive bidding process. The plans and specifications have been completed by the City Engineer and are being presented to the City Council for their approval and authorization for the advertisement of bids. W Agenda Information Memo May 15, 2012 Eagan City Council Meeting N. CONTRACT 12 -06, OUTLET MODIFICATIONS & POND SEDIMENT REMOVAL WATER QUALITY /STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 12 -06 (Outlet Modifications and Pond Sediment Removal — Water Quality /Storm Drainage Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 12 -06 provides for the removal of sediment collected in storm water ponds connected to the City's storm drainage system for water quality benefits, as programmed for 2012 in the City's 5 -Year Capital Improvement Program (2012- 2016). Modifications to outlet structures will also be completed where the modifications will enhance water quality treatment. • On March 6, 2012, the City Council awarded the bid for Contract 12 -06 for the storm sewer and water quality improvements to G.F. Jedlicki, Inc. • Change Order No. 1 provides for the following items: • Construct new outlet structures at Ponds BP -37 and BP -38 to extend detention time for storm drainage to enhance water quality treatment (Project 1082, ADD $39,535.00). • Haul City supplied fill material in lieu of contractor supplied material to Pond LP- 31 /South Oaks Park (Project 1081, DEDUCT $518.85). • Delete the furnishing and installation of a sluice gate at the Pond JP -50 outlet and replace it with the furnishing and installation of designed outlet pipes to pass through the weir wall to be constructed therein (Project 1082, DEDUCT $2,680.00). • Excavate natural soil to increase the pond volume for water quality treatment and final grade an emergency overflow (EOF) at Pond BP -37 and haul excavated material to a designated City -owned disposal site (Project 1082, ADD $18,876.00). • Furnish and install erosion repair and turf establishment, including reinforced erosion control blanket, on existing berm at Pond BP -38 (Project 1082, ADD $1,860.00). • The change order provides for a total ADD of $57,072.15 (29.9% of original contract). The cost of the additional work will be the responsibility of the City's Water Quality Fund. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. )AD- Agenda Information Memo May 15, 2012 Eagan City Council Meeting O. CONTRACT 12 -01, CITYWIDE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 12 -01 (Citywide Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 12 -01 provides for the street improvements of: o Johnny Cake Ridge Road (Cliff Rd. to Apple Valley border, City Project 1047) • Wescott Road/ Glacier Drive (Project 1073) • Whispering Woods 0' & 5t "/ Slater Road (Project 1076) • Northview Park Road/ Braddock Trail/ Elrene Road (City Project 1077) • Johnny Cake Ridge Road (Diffley Rd. to Teal Cove, Project 1078) • Denmark Avenue/ Clubview Drive (Project 1079), and • Rahn Road (Project 1080). • On April 3, 2012, the City Council awarded the base bid for Contract 12 -01 for these improvements to Bituminous Roadways, Inc. Change Order #1 provides for the upsizing of a storm sewer structure from 4 -feet in diameter to a 6 -feet diameter structure, to better accommodate the size and number of existing pipes connected by the structure on Rahn Road (Project No. 1080). • The change order provides for a total net ADD of $2,646.50 (0.1% of original contract). The cost of the additional work will be the responsibility of the City's Utility Fund. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. Agenda Information Memo May 15, 2012 Eagan City Council Meeting P. CONTRACT 12 -01, CITYWIDE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 2 to Contract 12 -01 (Citywide Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 12 -01 provides for the street improvements o£ o Johnny Cake Ridge Road (Cliff Rd. to Apple Valley border, City Project 1047) • Wescott Road/ Glacier Drive (Project 1073) • Whispering Woods 4th & 5th/ Slater Road (Project 1076) • Northview Park Road/ Braddock Trail/ Elrene Road (City Project 1077) • Johnny Cake Ridge Road (Diffley Rd. to Teal Cove, Project 1078) • Denmark Avenue/ Clubview Drive (Project 1079), and • Rahn Road (Project 1080). • On April 3, 2012, the City Council awarded the base bid for Contract 12 -01 for these improvements. • Change Order #2 provides for the removal and replacement of a City storm sewer pipe (Project No. 1078) previously damaged by the underground piercing activities by Century Link during the installation of their phone line along Johnny Cake Ridge Road. • The change order provides for a total ADD of $3,707.45 (0.2% of original contract). The cost of the additional work will be the responsibility of Century Link, Inc, through reimbursement. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. y� Agenda Information Memo May 15, 2012 Eagan City Council Meeting A. LOT 1, BLOCK 1 OAKWOOD HEIGHTS 3RD ADDITION DRAINAGE & UTILITY EASEMENT VACATION ACTION TO BE CONSIDERED: • Approve the vacation ofpublic drainage and utility easement within Lot 1, Block 1, Oakwood Heights 3' Addition and authorize the Mayor and City Clerk to execute all related documents. • Direct preparation of an encroachment agreement to be returned for future Council consideration. FACTS: EASEMENT VACATION • On February 24, 2012, City staff received a petition from Greg Stewart, representing the property owners of 901 -913 Oakwood Heights Circle (all townhomes within Lot 1, Block 1, Oakwood Heights 3rd Addition) requesting the vacation of a portion of public drainage & utility easement within that property. • The easement is a blanket drainage and utility easement covering the open space property outside the townhome buildings, originally dedicated with the Oakwood Heights 3rd Addition plat. • The applicant originally requested the vacation to install backyard decks with footings along the entire west side of the townhome building (903 -913 Oakwood Heights Circle), and to remove an encroachment of an existing deck within the easement near the northwest corner of the townhome building (901 Oakwood Heights Circle). • On March 20, 2012, the City Council received the petition for this vacation, and set a public hearing for April 17 to consider vacating said drainage and utility easements. • On April 17, 2012, the City Council continued the public hearing for consideration to vacate a portion of the public drainage & utility easement to the May 15, 2012, Council meeting. • Subsequently, the applicant has revised the legal description of the portion of the easement to be vacated, reducing its area to more accurately reflect the actual needed vacation. This revised legal description has been provided for City Council consideration. • There are no existing City utility lines or drainage facilities near the portion of easement for which the revised vacation has been requested. The utility companies with facilities in the area (Dakota Electric Assn & Comcast) will be covered by the remaining easement, and have no objection to the revised easement vacation. • All legal notices have been provided for this public hearing. 45 ENCROACHMENT & MAINTENANCE AGREEMENT • The revised vacation area does not include the vacation area near 901 Oakwood Heights Circle, because this vacation would leave Dakota Electric Association facilities uncovered by easement. • The owner /applicant, City staff, and Dakota Electric representatives have discussed the option of an encroachment agreement to accommodate the owner /applicant's desired deck renovations. Representatives of both Dakota Electric Association and the owner /applicant have indicated interest in the Council's consideration of pursuing such an agreement option. ATTACHMENTS: Location Map, page 49 . Legal Description/ Graphic — Revised Vacation Area, page �g Legal Description/ Graphic — Proposed Encroachment Area, page'. q(.0 Q rR U � ,`�v Lu ° of ° z z I j n -j YANKEE DOODLE RD. �D a °��D ❑ �EJ �G2 Y CD s �- z - 1 � L—OILDUCK WOOD DR. Q O QD �D �D� WESC TT ROAD D � o o i z a !� D o �� b z> J DIFFLEY ROAD ° LID � DD WILDERNESS RUN O M I �ROAD O I� O �{ n 0 �� O ] CLIFF ROAD S Cl Proposed Vacation v° Q Location v E d h tl W 3/6/2012 Proposed Drainage & Utility Easement Vacation City of Eap Oakwood Heights 3rd Add. Fig. 1 Engineering Division Location Map q1 of Q �WW Oo Q ~00n W y OOJW lk 6? LU [/D MV LU {z `�..P LU LU m C N C U U ro 0 0 3 N U "O W "O Z Z N O 1' c W N N C N O d N U N U C V N w W 00 '0 9 C N 170 C O G ° 1- •� U :� ° ° N v ao E Iv O +� N In y N IN Y `.•' N L N F' J l0 t'' O OO N M O N O Q a O ry .0 N E N > OT'O w O N c c Np O C •E 6 C C •E .O N o N =O.0 Cc v W c3 o �m.E LO U vinpLo mom md.� °' o`ci0 ZO ry 0 0 N 0 2 N O Q 0 C '- N T N O 0 N N 'O O D• N 'O a W Z M N 6. Q 1. 1 K E Ca'J OI m N U o i K O U C N W N O) O LIJ O W p p W O ¢ W N CO NN O U Ld o O O NL E w C O � Q 2 O O U O . N Z N 0 Q O U pq w U N U U N O 0° Y O O N O C N O O C V O +L+ p C= O C N O •^ Cp Z O 1) C O, j U W N 4 N -- N O N d OO n Q a�p� -vO-pN 0 Y C in E 0 N O U O O- W Q E 3 3 N f� 6g LZ 6 lV 3 „61,2.00 N B-VV6 a �Q 310MO S1HOGH QOOMNVO 8311no CINV Q W AVMOVON SnONINn118 ain0 MHONO0 W .40 j 3NIl 1NIMSV3 ),llllln ONV 30VNIVaO N d- N o �C _ i Q7 0 = M „90,V0.00 S 00 AVM3AIi10 11e AVM3AIa0 AVM3ARJ0 AVM3hl?JO y SnONINMIG SnONIWn119 SnONIWN.I6 w UU Q Y J m z 3 3 3 I U r U W Z U 0 w K O U U U Z° W d U U w m 00 0 lMino W INIWOONOO F Z O V/ 0 H Q �O p� ° z o �9K o 5Z 5L 5Z 5Z 5Z 917 a 00'17Ll oolm oe•e� 1 „90,170.00 N UO M U ❑ �U C3 bg�` QQ Wm K� Qm O x U FN UN Iaryb 3OY'11�> G 41 9�/ �w „oZ so lZ s of Q �WW Oo Q ~00n W y OOJW lk 6? LU [/D MV LU {z `�..P LU LU m N Oakwood Heights 3rd Addition City of Eap Proposed Encroachment Area Fig. 2 Engineering Department Agenda Information Memo May 15, 2012, Eagan City Council Meeting B. VARIANCE — 903 OAKWOOD HEIGHTS CIRCLE (NEIL HETHERINGTON) ACTION TO BE CONSIDERED: To approve (OR direct preparation of Findings of Fact for Denial) a Variance of 6.7 feet to the required 30 -foot perimeter yard setback for construction of a deck on property located at 903 Oakwood Heights Circle subject to the conditions listed in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ➢ The property is zoned PD, Planned Development and is developed with a seven unit condominium building. ➢ The PD zoning allowed for the condominium building to be located 10 feet from the perimeter of the site at the closest point. ➢ A 30' setback applies to attached decks over 30" above grade on R -3 property. The applicant is proposing to rebuild an existing deck which is in disrepair. ➢ The applicant designed the replacement deck based on the existing layout. Upon submitting for Building Permit, the applicant discovered that the decks were subject to a 30' setback. Setbacks are measured to the footings which support the structure. ➢ An approved Building Permit for the above ground deck on this unit and the other five decks could not be located. ➢ The applicant has had the property surveyed and the proposed deck would generally utilize the same footing location but cantilever two feet toward the perimeter of the property. The deck would be setback 233 feet. ➢ The applicant's stated practical difficulty is the 12 year old deck is rapidly deteriorating. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: June 23, 2012 ATTACHMENTS: (2) Location Map, pageS� Planning Report, pages through (o3 �lJ Location Map e L-o 0,k RA :RO - Y k II .Rdp .�i W�•' Map Area Extent Y t b ee � °3 � 3 a "U�✓ `$°� �: a� k4 :,� s� a�''d s� � ¢ � � S4 '�' B 5" - do- � . �} Ya _ . 9 - sa 'k' & °4 3, t9 ♦j 4S R8 % a7 i sd P `@ �. A' f] is A +8 LEXINGTON POINTE PARKWAY 14 'h f3�`,�", 5tt' _'- £r n ' � � c� S� +y $ � � `3 � � � � q9 �' � �• � * ~ Ha � � g � U x rGoafHilfPark�,' �.��. t 2N MEN WILOERNES SRUryA,O Subject Site avv ne'Park /Park e � Yn 4s h K M � ,M� ',kN a�•k "15 �i .•'.1 h� ¢,LL` � M ,, # �. _ MA T R z.A A It as Cr6 M-NO. 3&(GLdFFROAD N ' . 4 ' Lebanon Hills Regwnal Park�y s ate' - P r•` .0 _.�£�,, k-$,- `SfE - 3 f• ; -, / F Nr Feet 0 500 1,000 2,000 Project, Name: Neil Hetherington / 903 Oakwood Heights CircleLegend Request: Variance � City Boundary Case Nos.: 26- VA- 02 -02 -12 Parcels �\ Parks Buildings !!! N City Eap of �� PLANNING REPORT CITY OF EAGAN REPORT DATE: May 10, 2012 APPLICANT: Neil Hetherington PROPERTY OWNER: Same REQUEST: Variance LOCATION: 903 Oakwood Heights Circle CASE: 26- VA- 02 -02 -12 HEARING DATE: May 15, 2012 APPLICATION DATE: Feb. 24, 2012 PREPARED BY: Sarah Thomas COMPREHENSIVE PLAN: MD, Medium Density ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Variance of 6.7 feet to the required 30 -foot perimeter yard setback for construction of a deck for property located at 903 Oakwood Heights Circle, legally described as Lot 1, Block 1, Oakwood Heights Third 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. 5�)' Plamiing Report — 903 Oakwood Heights Circle May 15, 2012 Page 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. e. 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 maiuler 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 townhome style condo building; the Planned Development did not make special allowances for setbacks or other bulls standards other than the building pad which was approved. to be 10 feet from the perimeter of the property at the closest point. Thus, the applicable standards are those for R -3, Residential Townhouse zoning, which requires a 30 foot setback from the perimeter of the site. City Code Section 11.40, Subd. 4.D.2 states the following shall not be considered as encroa.chtnents 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 casement." For R -1 (Single Family Residential) zoned properties, 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. 6 --�> Planning Report — 903 Oakwood Heights Circle May 15, 2012 Page 3 BACKGROUND/IIISTORY This site is part of the Lexington South Planned Development, which wa.s approved in 1976 for a. 15 -year term. A subdivision was approved in 2000 which resulted in the division of the common property for Oakwood Heights condominiums and established a separate ownership of the property, and a separate association. EXISTING CONDITIONS The seven -unit condominium building, constructed in 2000, is located off of Oakwood Heights Circle, a private street that extends north from Wilderness Run Road. The applicant owns unit 903, which is the second unit in from the northern end. Six of the seven units have raised decks that are attached to the condominium building. There are no building permits on record for these decks. The condition %J the existing decic(s) has deteriorated and the applicant is seeking to replace the deck with a similar design. The deck attached to Unit 903 is the only one of the six that does not meet the 30 -foot perimeter setback. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subiect »rouerty: Jo- Existing Use Zoning Ladd Use Designation North Walnut Hill Park P, Park P, Parks, Open Space and Recreation East Residential PD, Planned LD, Low Density (0 -4 Development units /acre) South Residential PD, Planned. LD, Low Density (0 -4 Development units /acre) West Walnut Hill Park P, Park P, Parks, Open Space and Recreation Jo- Plaming Report — 903 Oakwood Heights Circle May 15, 2012 Page 4 EVALUATION OF REQUEST Proposal — The applicant proposes to construct a new deck that is setback 23.3 feet, as measured to the footing. The deck design includes a two foot cantilever. The proposed deck will extend 10 feet from the west side of the building where as the existing deck extends 8 feet as can be seen in the attached exhibit (Patio Plan). Setbacks — A 15 -foot rear yard structure setback applies to attached decks more than 30" above grade in R -1 zoning districts. That setback requirement is greater in R -3 zoning districts as a 30- foot setback is required to the perimeter of the property. Setbacks are measured to the footings. While the proposed deck does meet the 15 -foot setback for R -1 properties, it does not meet the 30 -foot R -3 requirement. From the footing, the deck will be approximately 23'3" from the west property line. The applicant has also applied. to vacate a portion of the drainage and utility easement where the deck will be located. APPLICANT'S PRACTICAL DIFFICULTIES The applicant's narrative indicates that the "request is to replace an existing 12 year old deck which is rapidly deteriorating." 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 reconstruct a deck. Replacement of the deck appears to be a reasonable use of the property and the condominium building was approved to be located within the 30 -foot perimeter setback. 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. The applicant is hindered by the location of the condominium building, which was permitted via the approved PD and is requesting to replace an existing structure. S� Plaraiing Report — 903 Oakwood Heights Circle May 15, 2012 Page 5 The requested Variance does 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 reconstruction of a deck. The deck footing is proposed to be in approximately the same location as the existing deck footing, 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. It does not appear that granting of the Variance would result in detrimental effects to the neighboring properties or the public. A wooded area of Walnut Hill Park occupies the adjacent lot near the proposed deck. SUMMARY /CONCLUSION In summary, the applicant is requesting a setback Variance of 6.7 feet to allow re- construction of a. deck. The property is zoned PD and contains a condominium building which requires a 30- foot setback to the perimeter of the property. The condominium building was allowed to be set back 10 feet, eight inches from the rear lot line which was approved via the PD. The requested Variance would result in the deck being 23.3 feet from the property line. The proposed deck is a reasonable use of the residential property and the proposal does not appear to present a detrimental effect to the public. ACTION TO BE CONSIDERED To approve a Variance of 6.7 feet to the required 30 -foot perimeter yard setback for construction of a deck for property located at 903 Oakwood Heights Circle 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. A building permit shall be required prior to construction of the deck. 3. The deck shall not exceed the size shown on the proposed Site Plan received March 26, 2012. 4. The proposed Site Plan shall be revised to accurately show the revised drainage and utility easement: location, Bro I I I I Feet 0 600 1,000 2,000 Project Name: Nell Hetherington / 903 Oakwood Heights Circles -egend Request: Variance Case Nos.: 26-VA-02-02-12 C"y Boundary OParcels Parks Buildings N 11� ffly of Galan 59 401� City of 8ap °• 0 Current Zoning and Land Use Map Application: 903 Oakwood Heights Circle Type: Variance Case No.: 26- VA- 02 -02 -12 PD Planned Development Land Use Plan Subject Site MD Medium Density Z\ 0 300 600 1,200 I V� 19 Feet P 0 a | M' \ MM »w/ u )\ ;e _$ M 5 : \. EXISTING . d )$ !. 2 E( \ � © _ \} o \ (/ }\ § )§# i5 M \ %` ..0 0 !a E $K! =a co \k \ �} § * 7 R $= CD MM »w/ u )\ ;e _$ M 5 : !. 2 ¥ \} § .00 \ %` 2 0 A2 § * 7 Utz :/§ : § ? ( *K 2 a !) / � & @` § t 6 2 m ! MM »w/ u )\ ;e _$ M 5 : 2` § \| _ ® | a/ m \ PROPOSED .¥ � (2\ LLI ]\ ;e _% AA \| §§ \[ � w $ � / {) \) d f|. \\ qk {/ 2` / )2 fB¥ N k2 ®! {! !R !k (2\ LLI ]\ ;e _% AA ) §§ � w $ / > \) \\ :D 2` / N \2 ) � /2 7 /]§ Ln � \ E §� V) &EJ / \ / / § ay° ƒ ~) ( 7§ ( / Y e z -a ` §zz 0 C) (n (2\ LLI ]\ ;e _% AA PATIO PLAN % " ° FEB 2 2012 6 J K 0 0 III 'III N ,III Q III Q III � III � 'III Q III d Q III VIII W 1111 � III r —( In X_ m O yo dll � ul. m 'III ,III III 201 2ND AVENUE, SW NEW PRAGUE, MN 56011 NAI'IL ■ � � PROPERTY OF MACH LUMDER INC. lJ /_� \1 HOME OWNERS FOR ESi'MATION AND pUOTATIDN ONLY 7ATE� LUM �� GONTAGir MAG-! LUMDER ING 953 -15C -3335 PHONE 951 - 158 -A3J0 FGX rs s� n.lr r[c[ons ca con nur ou [ µ n <cu wMSFn n -. IMMIUSIMMANIM VARIANCE WRITTEN NARRATIVE The purpose of this request is to replace an existing 12 year old deck which is rapidly deteriorating. The existing deck presently sits off the back of my condominium at 903 Oakwood Heights Circle, part of the Wilderness Way Condo Association. The plan for the new deck is to expand it out from the back of the condo approximately two more feet which will be within the required 30 foot set back to the property line which we share with city park. (Submitted project plan should detail exact dimensions and distance from the property line). Provided this variance is approved, the timing for the deck replacement is planned for this spring and should take approximately 4 weeks to complete. Questions regarding this request should be directed to Neil Hetherington at 952 -239- 9334. Neil H jheringto 903 Oakwood H&igw Circle Eagan, MN 55123 RECEIVED FEB 2 4 2012 b-"-� Agenda Information Memo May 15, 2012, Eagan City Council Meeting C. VARIANCE — 901 OAKWOOD HEIGHTS CIRCLE (GREGORY STEWART) ACTION TO BE CONSIDERED: To approve (OR direct preparation of Findings of Fact for Denial) a Variance of 25 feet to the required 30 -foot perimeter yard setback for construction of a deck on property located at 901 Oakwood Heights Circle subject to the conditions listed in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ➢ The property is zoned PD, Planned Development and is developed with a seven unit condominium building. ➢ The PD zoning allowed for the condominium building to be located 10 feet from the perimeter of the site at the closest point, which is where Unit 901 is located. ➢ A 30' setback applies to attached decks over 30" above grade on R -3 property. The applicant is proposing to rebuild an existing deck which is in disrepair. Setbacks are measured to the footings which support the structure. ➢ The unit has two existing decks which are in disrepair. The applicant is proposing to rebuild both decks. ➢ The applicant designed the replacement deck based on the existing layout. Upon submitting for building permit, the applicant discovered that the decks were subject to a 30' setback and that the decks along with a retaining wall were over the property line and located upon City Park property. ➢ The original Building Permits were erroneously approved, and consequently, the proposed decks did not satisfy the required setbacks. ➢ The applicant has had the property surveyed and the proposed deck would maintain a five foot setback at the closest point to the property line, alleviating that encroachment. ➢ The applicant is not the original homeowner and his stated practical difficulty is the existing deck is in need of replacement. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: June 23, 2012 ATTACHMENTS: (2) Location Map, page Planning Report, pages UCo through I l N1 Location Map ti Lono O k R I : Z _ Y k - Ro 11 -RAp �' c olmov�Rd '_ T ,.r y � • e•r ee. • 3 =` Map Area Extent iFrsa`g`� o � .�. - � ��. � '� � � •' ks n: S e. 7n "ij� *= - LEXINGTON POINTE PARKWAY Goat HdI�P i 1-- ra S ru Tra Farm Park Subject Site { F Ig " avinePark7P ark' o o Park ;3 hY g.' Oa pond Hrlls Park.park t_ S3 va. T R tip Y+ NO. LIFFwRGA ' Lebanon Hiiis Regronai Park �- L u 'P VA 1 Feet 0 500 1,000 2,000 Project Name: Gregory Stewart / 901 Oakwood Heights Circle Legend Request: Variance 1011re City pIMIN1Y1 Boundary Case Nos.: 26 -VA -01 -02.12 Parks / \ Buildings N City of Evan PLANNING REPORT CITY OF EAGAN REPORT DATE: May 10, 2012 APPLICANT: Gregory Stewart PROPERTY OWNER: Same REQUEST: Variance LOCATION: 901 Oakwood Heights Circle CASE: 26- VA- 01 -02 -12 HEARING DATE: May 15, 2012 APPLICATION DATE: Feb. 24, 2012 PREPARED BY: Sarah Thomas COMPREHENSIVE PLAN: MD, Medium Density ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Variance of 25 feet to the required 30 -foot perimeter yard setback for construction of a deck for property located at 901 Oakwood Heights Circle, legally described as Lot 1, Block 1, Oakwood Heights Third 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. h1 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. M Plamling Report — 901 Oakwood Heights Circle May 15, 2012 Page 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. e. 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 townhome style condo building; the Planned Development did not make special allowances for setbacks or other bulk standards other than the building pad which was approved to be 10 feet from the perimeter of the property at the closest point. Thus, the applicable standards are those for R -3, Residential Townhouse zoning, which requires a 30 foot setback from the perimeter of the site. 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." For R -1 (Single Family Residential) zoned properties, 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. (09 Plaraiing Report — 901 Oakwood Heights Circle May 15, 2012 Page 3 BACKGROUNDMISTORY This site is part of the Lexington South Planned Development, which was approved in 1976 for a 15- year term. A subdivision was approved in 2000 which resulted in the division of the common property for Oakwood. Heights condominiums and established a separate ownership of the property, and a separate association. A building permit was issued to unit 901 for a 132 sq. ft. deck and three season porch in 2000 and a 64 sq. ft. deck for a hot tub pad was issued in 2003. EXISTING CONDITIONS The seven -unit condominium building, constructed in 2000, is located off of Oakwood Heights Circle, a private street that extends north from Wilderness Run Road. The applicant owns the northern most end unit (901) which includes a deck to the rear of the unit that is connected to a side deck and paver patio. These improvements, along with block retaining walls, are located within the existing drainage and utility easement which consists of the entire area outside of the building pad. One of the decks and a portion of the retaining wall also encroach into the adjacent City -owned Park, Walnut Hill. The condition of the existing deck(s) has deteriorated and the applicant is seeking to replace the decks with a similar design. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: E Plarming Report — 901 Oakwood Heights Circle May 15, 2012 Pave 4 EVALUATION OF REQUEST Proposal — The applicant proposes to construct a new deck that will maintain a five foot setback to the rear lot line. The proposed deck will extend 14 feet from the north side of the building where as the existing deck extends 13.43 feet. The proposed deck will run 31 feet in length and wrap around to the rear of the unit as can be seen in the attached exhibit (Patio Plan). Setbacks — A 15 -foot rear yard structure setback applies to attached decks more than 30" above grade in R -1 zoning districts. That setback, requirement is greater in R -3 zoning districts as a 30- foot setback, is required to the perimeter of the property. Setbacks are measured to the footings. Since the existing building unit is set back 10'8 ", the proposed deck will extend into the required rear yard setback of 30 feet. At its closest point, the deck will be approximately 5'1" from the west property line. The applicant, Dakota Electric representatives and City staff have discussed the option of an encroachment agreement to accommodate the proposed deck renovations. Dakota Electric Association and the applicant have indicated interest in pursuing an encroachment and maintenance agreement for this area. APPLICANT'S PRACTICAL DIFFICULTIES The applicant's narrative indicates that the approximate ten year old cedar deck is in need of repair. The original deck was erroneously approved to be constructed within the existing drainage and utility easement and within the required perimeter setback, but "is not being expanded in any way." 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. b (� Existing Use Zoning Land Use Designation North Walnut Hill Park P, Parlc P, Parks, Open Space and. Recreation East Residential PD, Planned LD, Low Density (0 -4 Development units /acre) South Residential PD, Planned LD, Low Density (0 -4 Development units /acre) West Walnut Hill Park P, Park P, Parks, Open Space and Recreation EVALUATION OF REQUEST Proposal — The applicant proposes to construct a new deck that will maintain a five foot setback to the rear lot line. The proposed deck will extend 14 feet from the north side of the building where as the existing deck extends 13.43 feet. The proposed deck will run 31 feet in length and wrap around to the rear of the unit as can be seen in the attached exhibit (Patio Plan). Setbacks — A 15 -foot rear yard structure setback applies to attached decks more than 30" above grade in R -1 zoning districts. That setback, requirement is greater in R -3 zoning districts as a 30- foot setback, is required to the perimeter of the property. Setbacks are measured to the footings. Since the existing building unit is set back 10'8 ", the proposed deck will extend into the required rear yard setback of 30 feet. At its closest point, the deck will be approximately 5'1" from the west property line. The applicant, Dakota Electric representatives and City staff have discussed the option of an encroachment agreement to accommodate the proposed deck renovations. Dakota Electric Association and the applicant have indicated interest in pursuing an encroachment and maintenance agreement for this area. APPLICANT'S PRACTICAL DIFFICULTIES The applicant's narrative indicates that the approximate ten year old cedar deck is in need of repair. The original deck was erroneously approved to be constructed within the existing drainage and utility easement and within the required perimeter setback, but "is not being expanded in any way." 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. b (� Plamling Report— 901 Oakwood Heights Circle May 15, 2012 Pap-e 5 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 reconstruct a deck. There is a seven -unit condominium building with attached garages that have attached decks that are present on the site. Replacement of the deck appears to be a reasonable use of the property and the condominium building is only setback 10 feet from the perimeter of the property at this location. 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. The applicant is not the original owner. hl addition to having relied upon the erroneous 2000 and 2003 building permit approvals, the applicant is hindered by the design of the unit with the access to the existing deck and three season porch. The requested Variance does 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. This lot presently has an approximate 10' setback to the unit in the rear yard. The current deck encroaches 3' onto Park property and the retaining wall encroaches 8' into Park property. The applicant proposes to remove the deck encroaclunent and maintain a minimum five foot setback, thereby bringing the property further into compliance from what exists today. The existing retaining wall that encroaches into Park property is not proposed to be removed at this time. 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. It does not appear that granting of the Variance would result in detrimental effects to the neighboring properties or the public. A wooded area of Walnut Dill Park occupies the adjacent lot near the proposed deck. The public will benefit with the revised plan and removal of the deck encroachment. V1 Planning Report — 901 Oakwood Heights Circle May 15, 2012 Page 6 SUMMARY /CONCLUSION In summary, the applicant is requesting a setback Variance of 25 feet to allow re- construction of a deck. The property is zoned PD and contains a condominium building which requires a 30- foot setback to the perimeter of the property. The existing unit at its closest point is set back 10 feet, eight inches from the rear lot line which was approved via the PD. The requested Variance would result in the deck being five feet from the property line and the suggested conditions of approval would result in the removal of the deck encroachment on City park property. The proposed deck is a reasonable use of the residential property and replaces an existing non- conformity. The proposal does not appear to present a detrimental effect to the public. ACTION TO BE CONSIDERED To approve a Variance of 25 feet to the required 30 -foot perimeter yard setback, for construction of a deck for property located at 901 Oakwood Heights Circle, legally described. as Lot 1, Block 1, Oakwood Heights Third 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. A building permit shall be required prior to construction of the deck. 3. A survey stake shall be installed to verify the property line and maintain the five foot setback. 4. The deck shall not exceed the size shown on the proposed Site Plan received March 26, 2012. 5. The proposed Site Plan shall be revised to accurately show the drainage and utility easement location. YA t ;Location Map I I I I Feet 0 500 1,000 2,000 Project Name: Gregory Stewart / 901 Oakwood Heights Circle Legend Request: Variance A w IMIKOC ty Boundary Case Nos.: 26- VA- 01 -02 -12 ~"l Parcels Parks Buildings N City of Eagan `la City of Baran Zoning Current Zoning and Land Use Map Application: 901 Oakwood Heights Circle Type: Variance Case No.: 26- VA- 01 -02 -12 PD Planned Development Subject Site A Land Use Plan Subject Site MD Medium Density 0 300 600 1,200 1 Feet P 0 P P P EXISTING Ut N yt , I' m Q 0 z a � 2r N 0002119° E // 9139,69 z � s6 j °k W Cb BITUMINOUS tDR�MWAY co DRIVEWAY DRIVEWAY DRIVEWAY rCO' -- -- - - -- - -- - - - - - --- - - 174.00 - ---- - - - - -- co S 00 °04'06" W 70 x xw ❑ m om _ N 00 °0406" E C°7 174.00 0 ya yy O mOI OP ❑❑ -- -- m nx nX rm - -- - a -- E nX nX �X - x - - -_ -0 17.4 s A 6° xm z a y C r C V 0 D A -Z-1 �^ ? Z Cj zz v CP a Cn z ° 0 r g -` in z z (D £V•TI U) ; 4 �7 CONDOMINIUM BUILDING 00 v (o u d D b) I m 3 oz n z 0 Z j un J cn D � � m 0 m Ut N yt , I' m Q 0 z a zJf N 0002119° E // 9139,69 z � �° BITUMINOUS BITUMINOUS BITUMINOUS tDR�MWAY co DRIVEWAY DRIVEWAY DRIVEWAY -- -- - - -- - -- - - - - - --- - - 174.00 - ---- - - - - -- co S 00 °04'06" W 70 _ Ut N yt , I' m l �rt 94.48 N 0002119° E // 9139,69 °g§ C co 70 C°7 m_ 0 pry ° u p p 0 [�* a N 00 V 0 tv A Cj o X (n ° f ° o ° -DC N ° 0 r g -` z -'4 x o Z o a " °o ; 4 �7 0 Cn ° �O p C a c < (4 _D i� O l �rt rn PROPOSED s 2ro \• r2p" w ACA O Un�R AGf CID \ D AI O W `� f ASE �fNT N 00 °04'06" E 174.00 D Z � m � cn z N a -P c H I = a z � z I b C $ N Q m Z �o 0 o n CG m 0 3— O L cl) C I I < U z n 94.48 N 00 °21'19" E A41;� � � CONDOMINIUM BUILDING v6'0 � I aY o3;rt c g V m i mz 0 z z 00 �f n zz " n > >* z D —� `�I BITUMINOUS BITUMINOUS BITUMINOUS o m � V L— DRIVEWAY DRIVEWAY DRIVEWAY BIT. DRIVEWAY fA-- - - - --- ----- - - -_ -- — _— 174,00 __ m j -O•� 5 00 °04'06" W cn V O N n n u O z cn m o 2 o cn N � DRAINAGE AND UTILITY EASEMENT LINE � z 4' ao C rn BITUMINOUS ROADWAY CONCRETE B / N w� ti AND UTTER OAKWOOD HEIGHTS CIRCLE � ' = a z � z I b C $ N Q m Z �o 0 o n CG m 0 3— O L cl) C I I < U z n 94.48 N 00 °21'19" E A41;� 11 1° R s v6'0 a aY o3;rt c g V m N •� R O 00 ur cn _ 01 m n Z —� F o o m Z 0 n � m O N N Tel -O•� go pm0:� p u'N V O N n n u O z 'o= m o 2 o N � � z Z� ao C N w� ti � ' X O 0 N n o o n C m < m� m N 4 O ry n 11 1° R s v6'0 a OS' 4.0 U� N 00 ur cn _ 01 m n z_m zo c 0 iP, F Z C �O v p5 j ao N 2r ohs` 9 2g" F m m 4 � N A � o Z 0 4 Z\D C.O o It I IIMi �� CONTACT.. s PATIO PLAN BT a,R PE 6 a cl.s ca con urc orl.EO. ..en n�cr..L -vEV rr_. 31,_011 �t M D - % Firs 7 J ' Ell K 0 0 III VIII ,III o III o III � III � rlll 0 +III 0 rq KY 4u w Im III r —( nl N X III VIII IN. IN' III 'III rlll III VIII IIII NAHE. PROPERTY OF MAOH LUHSER IVC MACH .lOH'e OWNER. FOR ESTIMATION AND WDidTION ONLr L 'DATE: 201 2ND AVENUE, SLU NEW PRAG=UE, MN 560"11 I IIMi �� CONTACT.. s Hd0- LUN5ER INC 951.15¢ -3}J5 P IOr.E 95 }: SB.4).10 FGX BT a,R PE 6 a cl.s ca con urc orl.EO. ..en n�cr..L -vEV rr_. y, NARRATIVE PROJECT DESCRIPTION USE: /lam / /7��%�ft`� dCA/, V �Gff°C��t �NT d� •�-- �F��it_ �Jfli�C :97aS�-y"' l_ =�� dX. `l� c�Rs e c. �J ,� /SI •V o,r` �L'�1 �.4�8�1.�7E � � '✓ %:e9 ..lief,.' �, .,r LO;dATI6N. ,e lJ" 1KiiCiV!77 - 70 /a £ .�'' �-- fir-' ism . _.6tii SUBDIVISION N,� ME: (existing /proposed) Gf t Ajl� 7/ S'Gla ` ✓f,P01,,S,r ' ?dam PROPERTY SIZE: (acres, square feet) NUMBER OF LOTS: *MARKETING NAME OF PROJECT: *TELEPIIP ONE #: Agenda Information Memo May 15, 2012 Eagan City Council Meeting VI. OLD BUSINESS A. ORDINANCE AMENDMENT — CHAPTER 10 -- CITY OF EAGAN ACTION TO BE CONSIDERED: Approve an Ordinance Amendment to City Code Chapter 10, Sect. 10.40, Subd. 1 to adopt the current edition of the Minmesota Fire Code, Subd. 61 to amend the Code to add outdoor fireplace provisions and to prohibit the use of electric and gas grills on balconies of multi - family buildings, and to authorize publication of a summary of the ordinance amendment. FACTS: ➢ Chapter 10.40 of the Eagan City Code sets forth rules adopted from the Minnesota Uniform Fire Code. The intention of this code section is to guide residents on what can safely be done on their property in regards to items related to fire code. ➢ The first proposed change is to reference to the "current edition" of Minnesota Fire Code vs. a specific year edition. ➢ The second proposed change is to add the provision to allow residents to construct and use outdoor fireplaces that had not previously been defined in Chapter 10.40. This includes allowing outdoor fireplaces to be within 15 feet of all combustible materials versus the 25 feet required for recreational fire pits. ➢ The third change addresses the use of electric and gas fireplaces on balconies of multi - family units that share a common hallway. The previous ordinance prohibited portable charcoal and gas grills on multi - family units that contained three or more units that shared a common hallway. However; it contained a provision to allowed permanently mounted and wired gas and electric grills, if approved by the fire chief. This provision is being suggested to change. All grills would be prohibited on multi- family units that share a common hallway with three or more units. ➢ The City Council directed the City Attorney's Office to prepare an ordinance amendment at the April 17, 2012, City Council meeting. ➢ City staff researched other metro communities' ordinances and worked with the City Attorney's office to create the attached proposed ordinance changes. Is ATTACHMENTS: • Enclosed on pages '?)0 through is acopy of the proposed ordinance. • Enclosed on page '�93 is a copy of the ordinance summary for publication. 119 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY AMENDING SECTION 10.40 REGARDING ADOPTION OF CURRENT STATE FIRE CODE AND RECREATIONAL FIRE REGULATIONS; 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 changing Section 10.40, subd. 1, to read as follows: Subd. 1. Adoption. The 1997 edition of the Minnesota Uniform ,.,,, Fife Code current edition of the Minnesota State Fire Code, and any amendments thereto established and adopted from time to time by the Minnesota Commissioner of Public Safety, is hereby adopted as though set forth verbatim herein. One copy of said code shall be marked "City of Eagan — Official Copy" and kept on file in the office of protective inspections and open to inspection and use by the public. Section 2. Eagan City Code Chapter Ten is hereby amended by changing Section 10.40, subd. 6, to read as follows: Subd. 6. Recreational fires. A. Purpose. The purpose of this subdivision is to establish regulations for recreational fires within the city, thereby furthering the prevention and control of fires and fire hazards. B. Requirements for recreational fires. All recreational fires on private and public property shall comply with the following requirements: 1. Fires must be a minimum of 25 feet from all combustible materials (i.e. dwellings and structures, decks, fences, etc.), except an outdoor fireplace, as defined herein, shall be a minimum of 15 feet from all combustible materials. 2. All fires shall be contained within a fire pit, an outdoor fireplace, or fire bowl, chimeneas, or any other free - standing container manufactured for the sole purpose of recreational fires. No outdoor fireplace, or fire bowl, chimenea, or any other free - standing container shall be used upon any deck or patio that is constructed of wood, composite materials or any ther combustible materials. 3. Fire pits shall be constructed of and completely surrounded by non- combustible materials, and shall be located a minimum of ten feet from all property lines. 4. Outdoor fireplaces and Ffire bowls, chimeneas, and all other f ee- standing fire containers must comply with all regulations herein. 5. The size of the fire shall not exceed 3' X 3' X 3'. 6. Only clean, unpainted, and untreated wood or cooking charcoal maybe burned. 7. Chemically treated products, ag rbage and yard waste, including but not limited to_ chemically treated fireplace logs; treated, painted, stained or glued woods, such as plywood or particle board; or leaves, grass clippings or garden vegetation, shall not be burned. 8. No fire shall be allowed if winds are greater than 15 miles per hour. 9. A garden hose attached to a water supply or other approved fire extinguishing device shall be readily available at the location of the recreational fire. 10. The fire must be attended at all times by a person over 18 years in age. 11. The fire must be extinguished if it becomes offensive to others or if not under supervision by an adult. 12. All fires are subject to extinguishment at the direction of the fire or police department. 13. All outdoor fireplaces shall require a building permit pursuant to Chapter 4 herein. All outdoor fireplaces shall have a spark arrester. C. Standards for fires or barbecues on balconies or patios. Al fires or bar-bee-ues on baleenies or patios shall eemply with the following: 4-. For any structure containing three or more dwelling units that have a common hallway or shared means of egress %, 1. nNo person shall kindle, maintain, or cause any fire or open flame on any balcony above ground level; or on any ground floor patio within 15 feet of a structure. 2. No person shall store or use any fuel, barbecue torch or other similar heating or lighting chemical or device on any balcony above ground level, or on any ground floor patio within 15 feet of a structure. 3. Listed eleetrie of gas fk:ed barbeemae grills that are permafteatly mounted approved and wir-ed or plumbed to the building's gas s:upply or eleetrieal syste+n and that maintain a minimiam elear-anee of 18 inehes on all sides, uRless listed for- lesser elear-anees, may be installed on baleenies and patios w-he.n. by the fiFe ehi No grills, whether electric, gas, charcoal or open flame, shall be used upon any balcony above ground level or on any ground floor patio within 15 feet of the structure. D. Definitions. �1 1. Recreational fire. The term "recreational fire" shall mean an outdoor wood burning fire conducted in compliance with the regulations set forth in this subdivision and done so for the sole purpose of recreational pleasure and not for the purpose of destroying or disposing of refuse, garbage, brush, yard waste or any other item exeept „ lea unpainted, and untreated wee 2. Outdoor fireplace. The tern "outdoor fireplace" shall mean a wood- burning structure that may be custom built or prefab manufactured for the purpose of outdoor cooking or recreational fires and includes outdoor wood - burning ovens. The outdoor fireplace is of such size and wei hg t as to require reinforced concrete slab as to render it permanent in nature. An outdoor fireplace has a single front - loading firebox, a smoke chamber and chimney with a spark arrester. Any outdoor wood burning apparatus that does not meet this definition in any respect shall be deemed as a chimenea or other free standing wood burning container for purposes of this subdivision. Section 3. 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 4. Summary Approved. The City Council hereby detenmines that the text of the suininary marked "Official Summary of Ordinance No. ", a copy of which is attached hereto, clearly infonns 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 5. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: Christina M. Scipioni Its: City Clerk Date Ordinance Adopted: CITY OF EAGAN City Council By: Mike Maguire Its: Mayor Date Ordinance Published in the Legal Newspaper: POi' The following is the official summary of Ordinance No. as approved by the City Council of the City of Eagan on , 2012. ORDINANCE NO. SECOND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY AMENDING SECTION 10.40 REGARDING ADOPTION OF CURRENT STATE FIRE CODE AND RECREATIONAL FIRE REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. Section 10.40, Subd. 1 of the City Code has been amended by adopting the current edition of the Minnesota State Fire Code. Further, Subd. 6 has been amended to add outdoor fireplace provisions to recreational fire regulations and deleting allowed use of electric or gas grills on balconies of multi- family buildings. 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. �?D Agenda Information Memo May 15, 2012 City Council Meeting B. ORDINANCE AMENDMENT TO CHAPTER 7 OF EAGAN CITY CODE REGARDING STREET NAMES AND NUMBERS. ACTION TO BE CONSIDERED: To approve an ordinance amendment to Chapter 7, adding Section 7.13, Street Names and Numbers. FACTS: • Dakota County has been working with cities to establish a unified street naming policy resulting in a common GIS database for the mutual benefit of all parties. One of the aspects of the agreement is for the City to provide the County with the names of streets. • This work resulted in a Joint Powers Agreement (JPA) for City Council consideration upon approval by the County Board (Item F on the Consent Agenda). • The City Attorney's Office determined that the City needs to adopt an ordinance to provide for the naming of streets as a condition related to approving the JPA. The City Attorney's Office was directed to prepare the Ordinance Amendment at the March 20, 2012 City Council Meeting. • Neither the ordinance nor the JPA will impact Eagan's past practice whereby street names are proposed by developers and reviewed by City Staff. ATTACHMENTS: • Enclosed on page� is a copy of the proposed ordinance amendment to Chapter 7. 8q ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SEVEN ENTITLED "STREETS AND SIDEWALKS GENERALLY" BY ADDING SECTION 7.13 REGARDING STREET NAMES AND NUMBERS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CIIAPTER 1 AND SECTION 7.99. The City Council of the City of Eagan does ordain: Section 1, Eagan City Code Chapter Seven is hereby amended by adding Section 7.13 to read as follows: Sec. 7.13. Street names and numbers. In accordance with the statutory authority set forth in Minn. Stat. § 412.221, the names and numbers of streets under the City's jurisdiction shall be determined by the City by and through City personnel as directed by the City Administrator. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' is hereby adopted in its entirety by reference as though repeated verbatim. Section 3. 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 Cleric Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: • Agenda Information Memo May 15, 2012 Eagan City Council Meeting VI. OLD BUSINESS C. ORDINANCE AMENDMENT — AN ORDINANCE AMENDMENT TO CHAPTERS 7 AND 10 RELATIVE TO SPECIAL ASSESSMENTS FOR THE ABATEMENT OF PUBLIC NUISANCES AND APPROVE RESOLUTION AMENDING THE CITY'S FEE SCHEDULE ACTION TO BE CONSIDERED: Approve an Ordinance Amendment to City Code Chapters 7 and 10 relative to special assessments for the abatement of public nuisances, direct the City Attorney to prepare and publish the summary amendment in the legal newspaper, and approve a resolution amending the City's Fee Schedule. FACTS: ➢ At its January 17, 2012 meeting, the City Council directed staff to prepare an amendment to Chapter 10 relative to special assessments for the abatement of public nuisances. ➢ The City Attorney determined similar special assessment provisions also exist in Chapter 7. To maintain consistency within City Code, it would be appropriate to consider an amendment to both Chapters 10 and 7. ➢ Chapters 7 and 10 of the Eagan City Code allow for collection of delinquent bills for the abatement of public nuisances through certification to property taxes. Some of these public nuisances include false police and fire alarms, grass and noxious weed mowing, refuse removal and diseased trees. ➢ Within Chapters 7 and 10, each type of delinquent bill (i.e. refuse removal, noxious weeds, etc.) has its own language authorizing certification to property taxes, which means that the language is not consistent. In practice, the City has the same certification process for each type of delinquent bill. The ordinance amendment would provide consistency within City Code and would accurately reflect the City's certification process. ➢ The City charges a 10 percent late fee for invoices not paid within 30 days. City Code provides for a delinquent charge and the proposed resolution adds the late fee to the City Fee Schedule. The proposed resolution also cleans -up existing Fee Schedule language related to public nuisance abatement. S(o ATTACHMENTS: (3) ➢ Draft Chapter 7 ordinance amendment and summary ordinance on pages z�'Q through G0, . ➢ Draft Chapter 10 ordinance amendment and summary ordinance on pages through CV] . ➢ Proposed Resolution attached on page T�g M• ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SEVEN ENTITLED "STREETS AND SIDEWALKS GENERALLY" BY AMENDING SECTIONS 7.05 AND 7.08 REGARDING OBSTRUCTIONS IN PUBLIC RIGHTS -OF -WAY AND DUTIES TO MAINTAIN STREET RIGHTS -OF -WAY; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 7.99, The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Seven is hereby amended by revising Section 7.05, subd. 7, to read as follows: Subd. 7. Snow in streets or on sidewalks /trails. A. Placement of snow or ice within street, sidewalk or trail right -of -way. No person, unless acting under a specific contract with the city or with special permission from the city, shall place snow or ice in any travel portion of any street, sidewalk or trail right -of -way or push, blow or otherwise move snow or ice across the travel portion of any public street to be deposited within the public right -of -way on the opposite side of street. A violation of this subdivision is declared to be a public nuisance. B. The owner or occupant of any property who deposits, or employs another who deposits, snow or ice in any travel portion of any street, sidewalk or trail right -of- way shall remove the deposit snow or ice within 12 hours after notice is given by the city. If the owner or occupant fails to remove the snow or ice as required in the notice within the 12 hours, abatement of the public nuisance shall be in accordance with the abatement procedures set Chapter 10 of this Code. the eii3� may perform sueh work and the oAmer- or- eeeupanl shall be personally liable and shall pay the eost within 30 days of mailing of iwvoiee by the eity. When payme is not r-emitted as required herein, the eit-y eler-k > at the next meeting, preserA MA • C. Violation. Any violation of this subdivision shall be a petty misdemeanor offense. Section 2. Eagan City Code Chapter Seven is hereby amended by revising Section 7.05, subd. 8, to read as follows: Subd. 8. Tracking dirt, clay or soil onto streets /responsibility of vehicle operators. A. It shall be the responsibility of the construction project's development contract obligee, project permit holder or property owner to immediately clean up any siltation, dirt, earth, concrete (including concrete wash wastes and runoff liquids), asphalt or other similar substance deposited upon any street right -of -way as a result of motor vehicle traffic from such construction site or area or improper or insufficient erosion control measures on such site or area. A violation of this subdivision is declared to be a public nuisance. If the construction project's development contract obligee, project permit holder or property owner fails to immediately abate the public nuisance, abatement of the public nuisance shall be in accordance with the provisions therefor in Chapter 10. GB. Any person who operates a motor vehicle or tows a trailer shall remove any dirt, earth, concrete, asphalt or other similar substance from all tires, frame, and exterior body of any motor vehicle or trailer before driving upon any street in order that such dirt, earth, concrete, asphalt or other similar substance shall not be tracked onto or fall upon the street. DC. Any person that operates a motor vehicle or tows a trailer with any load or contents so unsecured or inadequately enclosed or covered that a portion of the load is allowed to fall upon public right -of -way or spill into a storm sewer or catch basin shall be personally liable for and shall pay for all costs incurred by the city for the removal, proper disposal of the load or contents thereof deposited upon the public right -of -way, and any repairs or restoration the public right -of -way. Section 3. Eagan City Code Chapter Seven is hereby amended by revising Section 7.08, subd. 4, to read as follows: Subd. 4. Duties to maintain street right -of -ways. A. Duty of property owners to maintain shrubs and landscaping within street rights - of -way. Every owner of property abutting city street rights -of -way shall, in - - GB. Any person who operates a motor vehicle or tows a trailer shall remove any dirt, earth, concrete, asphalt or other similar substance from all tires, frame, and exterior body of any motor vehicle or trailer before driving upon any street in order that such dirt, earth, concrete, asphalt or other similar substance shall not be tracked onto or fall upon the street. DC. Any person that operates a motor vehicle or tows a trailer with any load or contents so unsecured or inadequately enclosed or covered that a portion of the load is allowed to fall upon public right -of -way or spill into a storm sewer or catch basin shall be personally liable for and shall pay for all costs incurred by the city for the removal, proper disposal of the load or contents thereof deposited upon the public right -of -way, and any repairs or restoration the public right -of -way. Section 3. Eagan City Code Chapter Seven is hereby amended by revising Section 7.08, subd. 4, to read as follows: Subd. 4. Duties to maintain street right -of -ways. A. Duty of property owners to maintain shrubs and landscaping within street rights - of -way. Every owner of property abutting city street rights -of -way shall, in accordance with this sSection and the standards on file in the office of the city forester, maintain and trim, all shrubs and landscaping or remove any nonconforming trees, shrubs or landscaping located within the boulevard area of a street right -of -way. If any owner- ^ r+ fails to assume the , sibi it-Y Of this pafagmph, and after netiee given by the city, has not within ten (10) days eomplied wM this paragraph, the eity may perform sueh work, ke � i — te aeeou-PA of the eost thereof for eaeh lot, pieee, or- par-eel abuRing upon sueh street. B. Duty of city to maintain trees in street rights -of -way. The city shall have responsibility for the trimming of trees within the street right -of -way. Any tree within a street right -of -way that does not comply with the requirements of this sSection or the standards on file with the city engineer, may be trimmed by the city as determined necessary by the city and the costs thereof assessed against the abutting property owner in accordance with Chapter 10 upe te4ee e f4he xe fk 4^ be eompleted by the-E1 i'st ant to Stkbd-.-5. Section 4. Eagan City Code Chapter Seven is hereby amended by revising Section 7.08, subd. 5, to read as follows: Subd. 5. City may order work done and assess costs. If any such owner or occupant fails to assume the responsibility of this sSection, the City may abate the violation and assess the costs therefor in accordance with Chapter 10and after notiee aiven b v the eit-v has not withi.. thereof for eaeh I.ot, Pleee, or- Pa eel abuAting "on stic-h-s�e�. Section 5. Eagan City Code Chapter Seven is hereby amended by deleting Section 7.08, subd. 6. Section 6. 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. 3 (V) Section 7. Eagan City Code Chapter I entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 7.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 8. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: Christina M. Scipioni Its: City Clerk Date Ordinance Adopted: CITY OF EAGAN City Council By: Mike Maguire Its: Mayor Date Ordinance Published in the Legal Newspaper: W The following is the official summary of Ordinance No. as approved by the City Council of the City of Eagan on , 2012. ORDINANCE NO. SECOND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SEVEN ENTITLED "STREETS AND SIDEWALKS GENERALLY" BY AMENDING SECTIONS 7.05 AND 7.08 REGARDING OBSTRUCTIONS IN PUBLIC RIGHTS -OF -WAY AND DUTIES TO MAINTAIN STREET RIGHTS -OF -WAY; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 7.99. Sections 7.05 and 7.08 regarding obstruction obligations in the rights -of -way and the duties to maintain street rights -of -way were modified by removing from each Section the procedures for abatement and assessment and by referring to the procedure established in Chapter 10. 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. Al ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY AMENDING SECTIONS 10.01, 10.02, 10.21, 10.43, 10.51, 10.53 AND ADDING SECTION 10.60 REGARDING THE REGULATION OF PUBLIC NUISANCES AND THE ASSESMENT OF COSTS THEREFOR; 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 revising Section 10.01, Subd. 2(G) to read as follows: G. Noncompliance. Any violation of or failure to comply with any of the provisions of this subdivision shall constitute a public safety and health hazard and is declared to be a public nuisance. The abatement of the public nuisance shall be in accordance with this Ch .1 1 1 1 ovffier- of oeeupant fails to assume the F—h—j —sponsibilit-y to abate the publie safety afld health —fte. netiee thereof is given, then the eity all eha-rges and expenses ineurr-ed by the eiVy in conneetion with the abatement within 30 days of the date of invoiee. if the eharg-es a-re not. paid, they shall become a lien upon sueh real estate. The eity elork interest, shall be entered as a speeial assessment against sueh lot of paree of land and be eelleeted in the same mannef as the real estate taxes. Section 2. Eagan City Code Chapter Ten is hereby amended by revising Section 10.02, to read as follows: See. 10.02. Toilet installation required. It is the duty of every owner or occupant of any property within the city, having a dwelling house or business building situated thereon, which property is abutting a street in which there are city water and sewer mains, to install a toilet in such dwelling or business building and make connection thereof with such water and sewer mains. A violation of this section shall constitute a public nuisance and the abatement thereof shall be in accordance with this Chapter• the installation of toilet f4eilities upon premises deser-ibed in said notiee and eonneetion thereof with the sewer- and water mains, a4l of w-hieh sha4l be dene wi�in 30 dm�s afte eomeetion made with the water and sewer mains and that the aetual eost of sueh installafi�m Section 3. Eagan City Code Chapter Ten is hereby amended by revising Section 10.21, Subd. 5 to read as follows: Subd. S. 00, to jqerfemi ife ^bqtement. If any such owner of oeeupan fails to assume the primary responsibility described in subdivisions 2, 3, or 4-OF-5 of this sSection or to abate any public nuisance under this Section, then the City's performance of the work necessary for compliance of this Section or the abatement of the public nuisance shall be in accordance with this Chapter. -and notice given, t Oompl ed v4t#in the allowed upon sueh foal estate. The eity elerk treasufor shall certify to the eounty auditor of the w4h interest, shall be entered as a speeW assessment against sueh lot or pafeel of !and-and be eellec-ted in the same mamer as real estate taxes-. Section 4. Eagan City Code Chapter Ten is hereby amended by revising Section 10.43, Subd. 4(C), to read as follows: C. False alarms are declared to be a public nuisance and the charges imposed upon the alarm user for exceeding the limit for false alarms per calendar year may be assessed in accordance with procedures established for city services and public nuisance abatement set for in this Chapter. All billings provided for in this subdivision afe delinquent 30 days after mailing a statement to4he amoupA due. All delinquent ehafges and penakies shall be eei4iffed by the eity elerk to the eoupAy auditor who shall prepare an assessment r-oll eae-h year providing for- assessment of the delinquent amounts against the pfopeAy of the delinquent uent alai user. Section 5. Eagan City Code Chapter Ten is hereby amended by revising Section 10.51 to read as follows: It is unlawful to park or store any motor vehicle, as defined by Minn. Stat. Chapters 168 and 169, that is unlicensed, unregistered, inoperable or displaying expired registration tabs; household furnishings or appliances; or parts or components thereof on any property, public or private, unless housed within a lawfully erected building. Any violation of this sSection is declared to be a pqblic nuisance. am, p en seven dW,U written „ V ti VV LV the VY1V1, a shown 2 \ :• MAW= - - - - - Section 3. Eagan City Code Chapter Ten is hereby amended by revising Section 10.21, Subd. 5 to read as follows: Subd. S. 00, to jqerfemi ife ^bqtement. If any such owner of oeeupan fails to assume the primary responsibility described in subdivisions 2, 3, or 4-OF-5 of this sSection or to abate any public nuisance under this Section, then the City's performance of the work necessary for compliance of this Section or the abatement of the public nuisance shall be in accordance with this Chapter. -and notice given, t Oompl ed v4t#in the allowed upon sueh foal estate. The eity elerk treasufor shall certify to the eounty auditor of the w4h interest, shall be entered as a speeW assessment against sueh lot or pafeel of !and-and be eellec-ted in the same mamer as real estate taxes-. Section 4. Eagan City Code Chapter Ten is hereby amended by revising Section 10.43, Subd. 4(C), to read as follows: C. False alarms are declared to be a public nuisance and the charges imposed upon the alarm user for exceeding the limit for false alarms per calendar year may be assessed in accordance with procedures established for city services and public nuisance abatement set for in this Chapter. All billings provided for in this subdivision afe delinquent 30 days after mailing a statement to4he amoupA due. All delinquent ehafges and penakies shall be eei4iffed by the eity elerk to the eoupAy auditor who shall prepare an assessment r-oll eae-h year providing for- assessment of the delinquent amounts against the pfopeAy of the delinquent uent alai user. Section 5. Eagan City Code Chapter Ten is hereby amended by revising Section 10.51 to read as follows: It is unlawful to park or store any motor vehicle, as defined by Minn. Stat. Chapters 168 and 169, that is unlicensed, unregistered, inoperable or displaying expired registration tabs; household furnishings or appliances; or parts or components thereof on any property, public or private, unless housed within a lawfully erected building. Any violation of this sSection is declared to be a pqblic nuisance. am, p en seven dW,U written „ V ti VV LV the VY1V1, a shown 2 \ is found, the city may remove the same and certify the eost of sueh removal as any other speei ' assessment. The abatement of the public nuisance shall be in accordance with this Chapter. Section 6. Eagan City Code Chapter Ten is hereby amended by revising Section 10.53, Subd. 2(C), to read as follows: C. Whenever any building has been declared unfit for human habitation, the city may proceed to declare the building a hazardous building or hazardous property and may seek to correct or remove the hazardous condition and assess the costs therefor as authorized by Minnesota Statutes. Section 7. Eagan City Code Chapter Ten is hereby amended by adding Section 10.60 to read as follows: Sec. 10.60. City Services Related to Responsibilities of Property Owner and /or Abatement of Public Nuisance. Subd 1. Definition. For purposes of this Section, the term "service" shall mean any the following services performed by the city due to the property owner's failure to do so: snow, ice, or rubbish removal from sidewalks; weed elimination from public street boulevard areas or private property; removal or elimination of public health or safety hazards from private properth excluding any hazardous building under M.S. §§ 463.15 through 463.26; trimming and care of trees on private property, and treatment or removal of insect - infested or diseased trees on private property; public safety false alarm services; and abatement of 'other public nuisances. Subd. 2. Procedure prior to abatement by City. Upon the city's written notice by U.S. mail to the property owner, the property owner shall complete any work as required under this Chapter or elsewhere in this Code or otherwise abate any declared public nuisance from the owner's property within the time period set forth in the notice. If the property owner fails to complete the work or otherwise abate the public nuisance, the city may perform the work which is the property owner's primary responsibility hereunder or otherwise abate the public nuisance on the owner's property. Subd. 3. Costs of abatement. The owner of property on which the work or service has been performed by the city as set forth herein shall be personally liable for the cost of the service. The city shall prepare and mail an invoice for the costs of the service to the owner, and the charges shall be due and payable to the city within 30 days of the date of invoice. Any charges remaining unpaid after 30 days shall be delinquent. Delinquent charges for a service shall be subject to a late penalty fee as determined by Council resolution. Subd. 4. Special assessment for unpaid charges. An delinquent charges for a service, including the late penalty fee, shall be specially assessed against the property in accordance with Minn. Stat. Ch. 429 and shall become a lien upon the propert . 9� Section 8. 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 9. 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 10. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: Christina M. Scipioni Its: City Cleric Date Ordinance Adopted: CITY OF EAGAN City Council By: Mike Maguire Its: Mayor Date Ordinance Published in the Legal Newspaper: !� q�0 The following is the official summary of Ordinance No. as approved by the City Council of the City of Eagan on )2012. ORDINANCE NO. SECOND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY AMENDING SECTIONS 10.01, 10.02, 10.21, 10.43, 10.51, 10.53 AND ADDING SECTION 10.60 REGARDING THE REGULATION OF PUBLIC NUISANCES AND THE ASSESMENT OF COSTS THEREFOR; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. Sections 10.01, 10.02, 10.21, 10.43, 10.51 and 10.53 regarding various obligations of property owners and the declaration of public nuisances have been modified by removing from each Section the procedures for abatement and assessment and by referring to the procedure established in Section 10.60. Section 10.60 has been added to establish a consolidated procedure for abatement and assessment of the costs therefor. 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. al -] RESOLUTION NO. CITY OF EAGAN APPROVING AMENDMENT TO THE 2012 FEE SCHEDULE WHEREAS, various sections of the City Code provide for fees to be established by City Council resolution; and WHEREAS, the City desires to recover certain user related costs through fees and reimbursement; and NOW THEREFORE, BE IT RESOLVED, that the fees listed below shall be effective immediately: • Delinquent fee for public nuisance abatement bills 10 % of outstanding balance • Inspection/Administrative Fee $50.00 City- initiated corrective or clean -up work (public nuisance abatement) • Certification fee for unpaid public nuisance abatement bills $25.00 Motion by: Seconded by: Those in favor: Those against: Date: May 15, 2012 Certification Attest: CITY OF EAGAN CITY COUNCIL Its Mayor Its Clerk I, Christina M. Scipioni, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Concil of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 15th day of May, 2012 Christina M. Scipioni, City Clerk 9O Agenda Information Memo May 15, 2012 Eagan City Council Meeting D. CITY CODE SECTION 3.20 - WATER METER ACCESSIBILITY ORDINANCE & FEE SCHEDULE AMENDMENT ACTION TO BE CONSIDERED: Approve Ordinance Amendment to City Code Section 3.20 (Rules and Regulations Relating to Water Service), direct the City Attorney to publish a summary amendment in the legal newspaper, and approve revisions to the 2012 Fee Schedule addressing related surcharges /fees. FACTS: • Municipalities use water meters installed on the internal plumbing system of private property to record the volume of City water used. These meters are the basis for establishing sewer and water Utility Bills which generate the required revenue to finance the Municipal Utility System. They are also the basis for the required annual reporting of ground water appropriations to various state agencies. • These water meters have a limited life cycle and must be replaced periodically to insure their continued accuracy to minimize lost revenue and proper environmental accounting. • Although the current City Ordinance provides the legal right for authorized City personnel to enter the private property to repair /replace city meters, it is not practical to resort to a drawn out legal process to enforce this right. • The City recently amended Ordinance 3.40 relating to Sanitary Sewer Service for the Inflow & Infiltration (I &I) Program that provides for the establishment and levy of a surcharge if the property owner does not provide reasonable access by the City to inspect for possible I &I connections. This surcharge has been very effective in obtaining cooperation that otherwise would require legal action to gain the needed access. • A similar Ordinance Amendment to Section 3.20 for the Water Service would provide continuity and equity in the enforcement process for securing access to private property for maintaining both our Water and Sewer systems. • The City Council first addressed this issue at the April 17 Council Listening Session and subsequently directed staff at the May 1 Council Meeting to prepare the appropriate Ordinance Amendment for formal consideration. • The current Ordinance Amendment was drafted by the City Attorney's office to specifically address meter accessibility including right of entry, inspection/repair /replacement, municipal services and charges, and corrections and compliance enforcement actions /penalties. • In conjunction with the adoption of this proposed ordinance amendment, it is recommended that the current Fee Schedule be amended to incorporate the surcharges associated with non compliance enforcement. ATTACHMENTS: • 2012 Fee Schedule Revisions, page 100 • Amended Ordinance, pages l01 thru t 0:--�> Qq 4b� City of Eapu UTILITIES FEES -OTHER 2012 Fee Schedule Clear water discharge surcharges: Inspection not completed - single - family Inspection not completed - non - single - family Correction not made - single - family Correction not made - non - single - family Prohibited reconnection made - single - family Prohibited reconnection made - non - single - family Water shut -off *Water meters Removal /Replacement/Resealing *Surcharge Non - Inspection -single-family *Surcharge Non - Inspection - non - single - family Utility bill late charge Certification fee on delinquent utility bills Sewer permit - new or repair of existing Water permit - new or repair of existing Temporary construction hydrant meters (6 month max) Permit fee Hydrant damage deposit 5/8" meter damage deposit 3" meter damage deposit 3" backflow preventer & cart damage deposit Trip fee (if required) backflow preventer deposit Scheduled after -hours work Call out - 2.5 hour minimum Extended day Meter testing (charged only if meter tests correct) 5/8" through 1" 1 W through 2" All other sizes Private hydrants Maintenance /flushing Repair Utilities customer list Electronic transmission, weekly new customer list *Revisions Fee Acct Code $ 150.00 per month 6201.4534 500.00 per month 6201.4534 150.00 per month 6201.4535 500.00 per month 6201.4535 300.00 per month 6101.4507 1,000.00 per month 6101.4521 55.00 (lam - 3pm) 6101.4512 55.00 (7am - 3pm) 6101.4512 $ 150.00 per month 6101.4536 500.00 per month 6101.4536 1.5% per month on 6101.4506 unpaid balance 25.00 per parcel xxxx.4612 55.00 6201.4532 55.00 6101.4507 40.00 per month, 3 -month 6101.4521 200.00 deposit required 9220.2254 189.00 9220.2254 2,348.00 " 1,800.00 it 55.00 0801.4242 45.00 9220.2254 OT labor rate plus 15% admin fee to max admin of 60.00 OT labor rate plus 15% admin fee 110.00 6101.4242 130.00 6101.4242 Contract cost plus 15% 55.00 6101.4242 Time and material plus 15% 6101.4242 NDD 50.00 per year 0501.4230 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER THREE ENTITLED "MUNICIPAL AND PUBLIC UTILITIES -RULES AND REGULATIONS, RATES, CHARGES AND COLLECTIONS" BY AMENDING SECTIONS 3.05 AND 3.20 REGARDING RULES AND REGULATIONS RELATING TO MUNICIPAL UTILITIES AND WATER SERVICE; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 3.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Three is hereby amended by changing Section 3.05, Subdivisions 5, 6 and 8, to read as follows: Subd. 5. Right of entry. The city has the right to enter in and upon private property, including buildings and dwelling houses, in or upon which is installed a municipal utility or connection therewith, at all times reasonable under the circumstances, for the purpose of reading utility meters, for the purpose of inspections repair, and replacement of meters or a utility system or any part thereof, and for the purpose of connecting and disconnecting service. Subd. 6 Utilitv Mmeter maintenance &t. A. Meter Test. Whenever a consumer shall request the city to test any utility meter in use by him, such a request shall be accompanied by a cash deposit for each meter to be tested. If any such meter is found to be inaccurate, the same shall be replaced with an accurate meter and the deposit thereon refunded. If the meter shall be found to be accurate in its recordings or calculations, it shall be reinstalled, and the deposit shall be retained by the city to defray the cost of such test. B. Meter Inspection, Repair and Replacement. The owner or occupant of an property within the City that is connected to the municipal water utilityshall permit the City's designated utility employee onto the property and within the structure, at all times reasonable under the circumstances for purposes of the inspection, repair or replacement of the water meter. The owner shall allow the City's designated utility employee to complete the inspection repair or replacement within 30 days of written notice from the City that an inspection repair or replacement of the meter is required. 1 t,C) � Upon a property owner's failure to permit the City onto the property for an inspection, repair or replacement as required in this paragraph a monthly surcharge in an amount duly adopted by city council and set forth in the Ci1y's fee schedule shall be imposed against the property on which the meter is located. The monthly surcharge will be imposed for every month during which compliance with this paragraph is not met and charged on the property's municipal utility billing statement, whether the non - compliance has existed for the entire month or a portion thereof. Subd. 8.Municipal utility services and charges a lien. A. Payment for all municipal utility, as that tefm is deed iCity Code, etie 3-.04-, services and charges, including the monthly surcharge assessed under Subd. 6 herein, shall be the primary responsibility of the owner of the premises served and shall be billed to 1 —the owner unless otherwise contracted for and authorized in writing by the owner and the tenant, as agent for the owner, and consented to by the city. The city may collect the same in a civil action or, in the alternative and at the option of the city, as otherwise provided in this subdivision. Section 2. Eagan City Code Chapter Three is hereby amended by changing Section 3.20, Subd. 10, to read as follows: Subd. 10. Water meters. All water meters shall be purchased from the city and installed and maintained by the property owner. All new water meter installations and replacements shall be installed with an outside remote reader which shall be purchased, installed and maintained by the property owner. All water meters shall remain under the control and shall also remain the property of the city. All required repairs to faulty water meters and /or outside remote readers shall be performed by the city, with the exception that whenever a meter or outside remote reader has been damaged due to negligence on the part of the user, all costs associated with the replacement, removal, repair and installation of a ne meter shall be the responsibility of the use owner of the property on which the meter is located. Section 3. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 3.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. 2 oa ATTEST: CITY OF EAGAN City Council By: Christina M. Scipioni By: Mike Maguire Its: City Cleric Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 3 �0:� Agenda. Information Memo May 15, 2012, Eagan City Council Meeting VII. NEW BUSINESS A. COMPREHENSIVE GUIDE PLAN AMENDMENTS, REZONING, PRELIMINARY PLANNED DEVELOPMENT, AND PRELIMINARY SUBDIVISION — CENTRAL PARK COMMONS (CSM EAGAN, LLC) ACTION TO BE CONSIDERED: To remove this item from the City Council agenda. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The applicant, CSM Eagan, LLC, has requested that this item be removed from the City Council agenda and rescheduled for a future City Council meeting, the date of which is yet to be determined. ➢ The applicant submitted a request to amend the land use designation of this site from Special Area /Major Office (SA /MO) to Special Area /Retail Commercial (SA /RC). ➢ That proposed land use amendment came in two parts, first for the southeasterly 41.2 acres, and later for the remaining 6.2 acres. On October 4, 2011 and February 8, 2012 respectively, the City Council directed both requests be submitted to the Metropolitan Council for review. ➢ The Metropolitan Council returned and approved the land use amendment for the 412 acres on December 22, 2011, and for the 6.2 acres on April 18, 2012. ➢ Final action to implement the land use change has been withheld to be considered concurrent with a specific development proposal. ➢ In anticipation of a specific development proposal, preparation of an Enviromnenta.l Assessment Worksheet, a Traffic Study, and a Retail Market Study were all initiated in 2011. and have been completed. A Existing traffic issues on Pilot Knob Road came to light during the Traffic Study, and consequently, Dakota County has recently initiated a corridor study of Pilot I'nob Road from Yankee Doodle Road to Northwood Parkway, including the proposed new location for a 3/4 access onto Pilot I,,'-nob Road for this development. Findings of the Corridor Study are anticipated to be available in Fall 2012. jv4 ➢ On March 21, 2012, CSM Eagan submitted a request for Rezoning, Preliminary PD and Preliminary Subdivision. ➢ The Advisory Planning Commission held a public hearing on April 24, 2012 to review the proposed Rezoning, Preliminary PD and Preliminary Subdivision. The APC recommended approval on a 4 -2 vote. ➢ The Preliminary Subdivision and proposed Central Park Commons development plans were also scheduled for review of the Advisory Parks and Recreation Commission meeting on May 14, 2012. The applicant also asked that their requests be pulled from the APrC agenda, to be rescheduled at a future meeting to be determined. ISSUES: None AGENCY ACTION DEADLINE: ➢ 60 days for Rezoning and Preliminary Planned Development = Waived ➢ 120 days for Preliminary Subdivision = Waived ATTACHMENTS: (3) Location Map, page ID (p Applicant's request to be removed from agenda, page \09 Signed Waiver of agency action deadline, page tOg \©11S� Location Map PAY\ � tryry � L �o Onk Rd � o C K PY V k Do cIRA� - ; 3 Pilot Knob Park �W�/ B ; r ROAD J 3 f DIfO yRd C t EE 23 7 Y AKS RD Mo o Map Area Extent Y t J� O D [.011A5 rim aY is -, �tl f f � - _ yGENTRP�P [ a MARICE DR = U Subject Si N Y u. 3 ARRVR r p NKEE DOODLE ROADC7f� 1 Y RCYAiS N0 �FY7�tVKE T50CSCYCE [P f J TO CE d ° � [p 0 LL - UAI map . ✓fir 3 �� ci Y ADO 13 5 Y t" 'l ::✓ p a ca '3 8 `i y1 As. r, q v a M W T. x � ` }� -•I LANE OOOO - {y � � VI) Name: Central Park Commons Feet (CSI � � � o goo 1,000 2,000 Requests: Rezoning; Preliminary Subdivision; Preliminary Planned Development Legend Case Nos.: 09- RZ- 05- 03 -12; 09- PS- 01- 03 -12• A°'""C > > rtttrr,m City Boundary 09- PD- 03 -03 -12 Parcels �\ " Parks 111 Buildings N City E, of ap � � Pam Dudziak From: Tom Palmquist [Tpalmquist @csmcorp.net] Sent: Tuesday, May 08, 2012 3:20 PM To: Tom Hedges; Jon Hohenstein; Mike Ridley; Pam Dudziak Cc: Gary Holmes; Ron Schiferl; Michelle Culligan Subject: Central Park Commons - Preliminary PD Approval Process CSM Eagan, L.L.C. respectfully requests to be removed from the agenda for the upcoming Parks & Recreation, and City Council meetings on May 14 and 15, 2012. CSM remains committed to creating a solution that delivers a high quality and market driven repositioning of the Lockheed Martin property. This solution will incorporate a balance of the City's desire for a unique project, major and mid -size anchor needs, and project risk management. As for next steps, CSM will continue to work closely with Eagan City Staff and prospective tenants to accomplish shared goals for the Central Commons area through further refinement of the site layout, site amenities, building architecture and overall cost analysis. CSM will request to be placed on a future agenda once satisfied with the outcome of these discussions. TPP CSM DEVELOPING REAL ESTATE FOR PEOPLE, 11111W. , PROPERTIES I BUSINESS AND COMMUNITIES THOMAS P. PALMQUIST Vice President, Commercial Development CSM Corporation 1 500 Washington Ave. S., Ste. 3000 1 Minneapolis, MN 55415 Main: 612.395.7000 1 Direct: 612.395.70261 Mobile: 952.381.5538 1 Fax: 612.395.2748 Email: tpalmguist @csmcorp.net I www.csmcorp.net 011 Mike Maguire Mayor Paul Bakken 1 Cyndee Fields Gary Hanson Meg Tilley Council Members } Thomas Hedges City Administrator i. Municipal Center 3630 Pilot Knob Road Eagan, MN 55122 -1810 651.675.5000 phone 651.675.5012 tax 651.454.8535 TDD Maintenance Facility 3501 Coachman Point Eagan, MN 55122 651.675,5300 phone 651.675.5360 fax 651.454,8535 TDD www.cityofeagan,com The Lone Oak Tree The symbol of strength and growth in our community. CITY OF EAGAN WAIVER TO AGENCY ACTION DEADLINES 1 /we the undersigned hereby acknowledge the need for additional time to adequately review my/our application(s) for Rezoning, Preliminary Planned Development and Preliminary Subdivision Amendment as outlined in correspondence from the City dated May 9, 2012, and agree to waive the 60 -day and 120 -day agency action deadline requirements for the respective requests. CSM EAGAN, L.L.C. /10/20.2 Applicant _ Mate Nan e. Thomas Palmquist Manager of CSM EAGAN, L.L.C. C EAGAN, L,L.C, S/10M12 Row Wed Prope.1v OWner Dire Name: Thomas P. Palmquist Manager of CSM EAGAN, L.L.C. Subscribed and sworn to before me Subscribed and sworn to before me this 10th day of May , 2012. this 10th day of May , 2012, kos Notary Public J5AN. M CROS13Y j Notaly Publio- Mlnnewta my! ,mid" Ewro Jan 8t, 20t8