06/16/2015 - City Council RegularAGENDA
EAGAN CITY COUNCIL
EAGAN MUNICIPAL CENTER BUILDING
JUNE 16, 2015
6:30 P.M.
ROLL CALL AND PLEDGE OF ALLEGIANCE
II. ADOPT AGENDA
III. RECOGNITIONS AND PRESENTATIONS
A. SWEARING In of Officer Scott Jorgenson and Officer Chris Roche
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
B. PERSONNEL ITEMS
C. APPROVE Check Registers
D. APPROVE Contracts
E. ADOPT a resolution accepting a donation from the Eagan Citizen's Crime Prevention Association
F. APPROVE Final Subdivision —Stone Run
G. AWARD Contract 15-12 (Witham Lift Station)
H. APPROVE Extended Working Hours — Hardrives, Inc., City Contract 15-01 (Project 1175,
Northwood Parkway/ Promenade Avenue Street Improvements) and Dakota County Project
28-53 (Yankee Doodle Road —Street Improvements)
I. APPROVE a Resolution Designating No Parking on Promenade Avenue (CSAH 28 to
Northwood Parkway)
J. APPROVE a Temporary On -Sale Liquor License and waive the license fee for St. John Neumann
Catholic Church's Parish Summer Picnic on July 12, 2015 at 4030 Pilot Knob Road
K. DIRECT Preparation of an ordinance amendment to City Code Chapter 5 and City Code Chapter
11 regarding Sunday liquor sales, wine license food service requirements, cocktail room
licenses, temporary on -sale microdistillery licenses, and off -sale microdistillery licenses
L. AWARD contract to UHL Company Inc. for the low voltage wiring, CCTV, audio-visual and access
control remodel of Fire Station #4 and authorize the Mayor and City Clerk to execute all related
documents
M. Item removed
N. SCHEDULE a Public Hearing to consider applications received for cable franchise for July 21,
2015
0. DIRECT Staff to Initiate Cancellation of Development Agreement and Related Actions for Red
Pine Crossing, Revestors Group 4, LLC
V. PUBLIC HEARINGS
A. VARIANCE —Norton Homes/ Pat Hiller -A Variance to allow an 8 ft privacy fence located at
4865 Pilot Knob Road
VI. OLD BUSINESS
VII. NEW BUSINESS
VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
IX. ECONOMIC DEVELOPMENT AUTHORITY (There are no EDA items 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
-7 - City of Evan Memo
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR OSBERG
DATE: JUNE 12, 2015
SUBJECT: AGENDA INFORMATION FOR JUNE 16, 2015 CITY COUNCIL MEETING
ADOPT AGENDA
After approval is given to the June 16, 2015 City Council agenda, the following items are in
order for consideration.
Agenda Information Memo
June 16, 2015, Eagan City Council Meeting
RECOGNITIONS AND PRESENTATIONS
A. Swearing-in of Officers Scott Jorgenson and Christopher Roche
Facts:
➢ Police Chief McDonald will introduce new Police Officers Scott Jorgenson and
Chris Roche to the Council and community. After a brief introduction, they will
be administered the Oath of Office by the Chief.
➢ Officer Jorgenson began his employment in October, 2014, while Officer Roche
started in January, 2015. Both officers have completed their training and are
currently patrolling the City on their own.
Attachments: (0)
Agenda Information Memo
June 16, 2015 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 June 2, 2015 regular City Council meeting as presented or modified.
Attachments: (1)
CA -1 June 2, 2015 Minutes
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
JUNE 2, 2015
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.
Susan Friedline, 4852 Wellington Court, addressed the Council with her concerns regarding the speed
limit on Sherwood Way and what the process would be to get it changed. City staff will follow up with
Ms. Friedline.
A regular meeting of the Eagan City Council was held on Tuesday, June 2, 2015 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 Osberg, Director of Communications Garrison, Director of
Community Development Hohenstein, City Planner Ridley, City Engineer Gorder, Assistant Parks and
Recreation Director Flewellen, Police Chief McDonald, and Executive Assistant Stevenson.
AGENDA
City Administrator Osberg noted one change to the Agenda, to remove Item G. Award Contract 15-10,
Old Town Hall Repairs and Renovation. Osberg noted some last minute correspondence with additional
documentation will need to be submitted to the Minnesota Historical Society for review and comment.
Staff is looking to bring back the item to the June 16th Council meeting.
Councilmember Bakken moved, Councilmember Fields -seconded a motion to approve the agenda as
amended. Aye:5 Nay:0
RECOGNITIONS AND PRESENTATION
There were no recognitions and presentations to be heard.
CONSENT AGENDA
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the Consent
Agenda as amended: Aye: 5 Nay: 0
A. It was recommended to approve the minutes of May 12, 2015 special City Council
meeting, and May 19, 2015 regular Council meeting as presented or modified.
B. 1. It was recommended to authorize the hiring of seasonal and temporary employees for
Cascade Bay, Park Maintenance, Engineering, and Water Resources.
C. It was recommended to approve the check registers dated May 15, and May 22, 2015.
D. It was recommended to approve the ordinary and customary contract with the City of
Mendota Heights, Ford Eco Boost, 3rd Lair, ThyssenKrupp Elevator Corporation.
E. It was recommended to approve a resolution to accept a donation from the Commons on
Marice in. the amount of $3,500 to purchase firefighter boots for the Fire Department and
authorize the necessary budget adjustment.
F. It was recommended to award Contract 15-17 to Universal Services, LLC for the construction
of the conduit duct bank at Sperry Tower.
City Council Meeting Minutes
June 2, 2015
2 page
G. Item was removed.
H. It was recommended to authorize reallocation of 2013 and 2015 CDBG funds between
Weatherization Plus, Senior Activities and Old Town Hall Restoration programs.
I. It was recommended to authorize Notice of Termination of Joint Powers Agreement with
Independent School District No. 191 for School Resource Officer.
J. It was recommended to approve additions/revisions to the current Snow and Ice Control
Policy.
K. It was recommended to adopt the 5 -year Capital Improvement Plan for Public Works
Infrastructure, Part III (2016-2020), and authorize the initiation of the public improvement
process for the 2016 programmed improvements.
L. It was recommended to reject all bids for Contract 15-04, Sperry Tower Recommissioning,
and authorize the rebidding of said Contract in 2016.
M. It was recommended to receive the bids for Contract 15-13 (Pond JP -47.2 Sludge Removal),
award a contract to New Earth USA, LLC, for the base bid in the amount of $89,000.00, and
authorize the Mayor and City Clerk to execute all related documents.
N. It was recommended to approve the plans and specifications for Contract 15-16 (Parkcliff —
Water Main Improvements), and authorize the advertisement for a bid opening to be held
at 10:30 a.m., on Thursday, July 16, 2016.
0. It was recommended to approve a Final Subdivision (Case Estates) to create ten lots upon
approximately 4.5 acres located at 540 Diffley Road.
P. It was recommended to receive the petition to vacate public easements on Outlot A and
Lot 1, Block 1, Tesseract Addition, and to vacate Tesseract Place public right-of-way and
schedule a Public Hearing to be held on July 7, 2015.
Q. It was recommended to adopt a resolution approving an Exempt Permit for the Minnesota
Blue Knights — Chapter IV to conduct a raffle on June 13, 2015 at 1501 Central Parkway.
R. It was recommended to approve a resolution to accept a donation of $1,500 from Ford Eco
Boost for Eagan Market Fest Family Night Partnership and direct the Mayor and City Clerk to
sign the appropriate document.
PUBLIC HEARINGS
Variance — 995 Cliff Road (Nancy Sweet)
City Administrator Osberg introduced the item noting the Council is being asked to consider approval of
a variance to make structural repairs and changes to a non -conforming structure upon property located
at 995 Cliff Road.
City Planner Ridley gave a staff report.
Nancy Sweet, applicant, gave a summary of the request and was available for questions.
The Council discussed the variance request. Councilmember Bakken asked staff - once the applicant has
completed the work and the structure is in compliance with the City Ordinance is a variance necessary?
He suggested the Council negate the need for the Variance and direct staff to issue the Building Permit
subject to the permit reflecting the proposed changes in exterior finish materials to bring the
nonconforming building into compliance with the City Code. After further discussion it was the
consensus of the Council to avoid action on a Variance and instead issue a building permit.
City Council Meeting Minutes
June 2, 2015
3 page
Councilmember Bakken moved, Councilmember Fields seconded a motion to direct staff to issue a
building permit in consideration of the plans that have been submitted to the City, and to refund the
applications fees. Aye: 5 Nay: 0
OLD BUSINESS
Ordinance Amendment — Definition of Local Street
City Administrator Osberg introduced the item noting the City Council directed staff to initiate this
amendment at their regular meeting of February 17, 2015. The Council is being asked to consider
approving an ordinance amendment to Chapter 11, Section 11.70 to modify the definition of Local
Street.
City Planner Ridley gave a staff report.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Fields moved, Councilmember Hansen seconded a motion to approve an ordinance
amendment to Chapter 11, Section 11.70 to modify the definition of Local Street. Aye: 5 Nay: 0
NEW BUSINESS
Conditional Use Permit —Beacon Roofing Supply
City Administrator Osberg introduced the item noting the Council is being asked to consider approval of
two Conditional Use Permits on property located at 2922 West Service Road; to allow the outdoor
storage of roofing shingle products, and to allow outdoor storage of a 26 -foot tall, 120 square foot pylon
sign.
City Planner Ridley gave a staff report.
John Daring, applicant, gave a summary of the request and was available for questions.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Conditional Use
Permit to allow the outdoor storage of roofing shingle products on property located at 2922 West
Service Road, subject to the following conditions: Aye: 5 Nay: 0
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by
the City Council and proof of its recording provided to the City.
2. This CUP shall supersede and replace prior CUP's granted to this property.
3. The outdoor storage shall be limited to those items approved and located in the outdoor
storage areas as identified on the Site Plan received April 28, 2015.
City Council Meeting Minutes
June 2, 2015
4 page
4. The applicant shall provide a Landscape Plan for staff review and approval that provides
additional evergreen plantings to screen the outdoor storage from Center Court and West
Service Road.
5. New and replacement landscaping shall be installed by October 1, 2015.
6. No additional outdoor storage shall be allowed.
7. All parking and storage areas shall be properly maintained to prevent deterioration.
8. The applicant shall provide Knox lock boxes or Knox padlocks at all the gates for Fire
Department access subject to review and approval by the City Fire Marshal.
9. A dead coniferous tree along the south/east property line shall be replaced by October 1, 2015.
10. The applicant shall restripe the parking stalls per City Code dimensional requirements.
Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Conditional Use
Permit to allow the outdoor storage of a 26 -foot tall, 120 square foot pylon sign on property located at
2922 West Service Road, subject to the following conditions: Aye: 5 Nay: 0
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by
the City Council and proof of its recording provided to the City.
2. An administrative Sign Permit shall be obtained from the City prior to installation of the pylon
sign.
3. The pylon sign shall be setback a minimum of 10 ft. from all property lines.
4. The pylon sign shall be located as indicated on the Site Plan received April 28, 2015.
5. The pylon sign shall not exceed the dimensions as indicated on the Sign Exhibit dated April 28,
2015.
6. The pylon sign shall comply with all Sign Code requirements.
7. Landscaping shall be restored to the current condition and mulch and grass installed by October
1, 2015.
Competitive Franchising Presentation — Consideration of Notice of Intent to Franchise
and direction to staff to begin negotiations with CenturyLink
City Administrator Osberg introduced the item noting Council may have recently seen news coverage
out of Minneapolis of the city granting a new competitive cable franchise to CenturyLink. Osberg noted
CenturyLink is interested in offering similar competitive packages to other Minnesota cities including
Eagan.
Brian Grogan, Eagan's cable franchise attorney, gave a PowerPoint presentation and was available for
questions.
The Council discussed the presentation.
Patrick Haggerty, Centuryl-ink's attorney for Regulatory & Legislative Affairs, addressed the Council
noting their excitement being the first applicant, in front of the Council, for a competitive cable
franchise.
City Council Meeting Minutes
June 2, 2015
5 page
Jim Hickle, Velocity Telephone Gigabit Minnesota, addressed the Council regarding his desire for
consideration of a smaller franchise agreement and the area served. The Council indicated it welcomed
all applicants.
Councilmember Fields moved, Councilmember Bakken seconded a motion to direct publication of a
Notice of Intent Franchise and to authorize staff to begin negotiations regarding franchise terms with
respective applicant(s). Aye: 5 Nay: 0
LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative/intergovernmental affairs update.
ADMINISTRATIVE AGENDA
There were no administrative agenda items to discuss.
There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Fields moved, Councilmember Hansen seconded a motion to adjourn the meeting at
7:23 p.m. Aye: 5 Nay: 0
Date
Mayor
City Clerk
Agenda Information Memo
June 16, 2015 Eagan City Council Meeting
CONSENTAGENDA
B. Personnel Items
Item 1.
Action to be Considered:
Authorize hiring of the following seasonal and temporary employees for the summer of
2015:
Bondhus, Leanne K
Ruszczyk, Hannah B
Olson, Megan E
Conway, Anna M
Conway, Kathryn J
Friel, Ethan L
Davis, Alexander Ce
Price, Todd'M
Puchniak, Nathan A
Caneff, Luke A
Douglas, Jody J
Knutson, Alec J
Smith, Matthew A
Faste, Sarah J
Roman, Ricardo P
Stevenson, James W
Bohrnstedt, Matthew M
Urbiha, Judith A
Kosel, Benjamin A
Kemper, Joann F
Fitness Instructor
CB Guest Relations
Guest Relations
Lifeguard
Lifeguard
Lifeguard
Lifeguard
Lifeguard
Pool Attendant
Patrol Officer
Patrol Officer
Community Development Intern
Ballfld/Park Attend
Ballfld/Park Attend
Cablecaster
Cablecaster
Cablecaster
Clerical Tech 4 - Police
Landscape/ For Tech
Landscape/ For Tech
Agenda Information Memo
June 16, 2015 Eagan City Council Meeting
CONSENT AGENDA
C. Ratify Check Registers
Action To Be Considered:
To ratify the check registers dated May 29 and June 5, 2015 as presented.
Attachments: (2)
CC -1 Check register dated May 29, 2015
CC -2 Check register dated June 5, 2015
Agenda Information Memo
June 16, 2015, Eagan City Council Meeting
CONSENT AGENDA
D. Approve Contracts
Action To Be Considered:
To approve the ordinary and customary contracts listed below.
Facts:
The contracts listed below are in order for Council approval. Following approval,
the contracts will be electronically executed by the Mayor and City Clerk.
Contracts to be approved:
➢ Original Artwork Donation and Copyright Use Agreement with Robert Lawrence
Landis for artwork entitled "501h Anniversary Of Eagan Police Department"
➢ Extension Program Fee Agreement with the University of Minnesota Extension to
provide an Exploring Animals with Dakota County 4H! program at Moonshine
Park
Attachments: (0)
The contracts are available from the City Clerk's Office.
Agenda Information Memo
June 16, 2015, Eagan City Council Meeting
CONSENT AGENDA:
Adopt A Resolution Accepting A Donation From The Eagan Citizen's Crime
Prevention Association (ECCPA) And Authorize A Corresponding Budget
Adjustment.
Action To Be Considered:
Adopt a resolution accepting a $2,000.00 donation from the Eagan Citizen's Crime
Prevention Association that will be used to reimburse the City for expenses related to
the police department's 50th Anniversary Celebration.
Facts:
The Eagan Citizen's Crime Prevention Association is forwarding a $2,000.00
donation to reimburse the City for expenses related to the police department's
50th Anniversary Celebration that occurred on May 14, 2015.
➢ The ECCPA provided the donation in an effort to allow the department to
purchase "commemorative safety whistles" for those attending the event.
➢ Approving the resolution will necessitate the need to make the following budget
adjustments:
Donations
Police — Miscellaneous
Attachments: (1)
Resolution
1101.4663 $ 2,000
1101.6475 $ 2,000
CITY OF EAGAN
RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN
Eagan Citizen's Crime Prevention Association
WHEREAS, the City Council of the City of Eagan encourages public donations
to help defray the costs to the general public of providing services in Eagan; and
WHEREAS, the Eagan Citizen's Crime Prevention Association has presented
the police department with a donation in the amount of $2,000.00. The funds will be
used to reimburse the City for expenses related to the police department's 50th
Anniversary Celebration that occurred on May 14, 2015.
WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of
real or personal property be accepted only with the adoption of a resolution approved by
two-thirds of the members of the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan,
Dakota County, Minnesota, that the donation is hereby accepted for use by the City;
BE IT FURTHER RESOLVED, that the City sincerely thanks the Eagan
Citizen's Crime Prevention Association for the gracious and generous donation.
ADOPTED this 16th day of June, 2015.
CITY OF EAGAN
CITY COUNCIL
By:
It's Mayor
Attest:
It's Clerk
Motion by:
Seconded by:
Those in Favor:
Those Against:
Date:
Agenda Information Memo
June 16, 2015, Eagan City Council Meeting
CONSENT AGENDA
F. Final Subdivision for Stone Run — Norton Homes, LLC
Action To Be Considered:
To approve a Final Subdivision (Stone Run) to create seven lots upon approximately 4.6
acres located at 4865 Pilot Knob Road
Facts:
➢ The Preliminary Subdivision was approved on February 17, 2015.
➢ As proposed, the lots comply with R-1 standards and are consistent with low
density residential.
➢ The final development plans and plat have been reviewed by staff and are
consistent with the preliminary approvals.
➢ All documents and agreements are anticipated to be in order for execution at
the City Council meeting on June 16, 2015.
Issues: None
Attachments: (2)
CF -1 Location Map
CF -2 Final Plat
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Agenda Information Memo
June 16, 2015 Eagan City Council Meeting
CONSENT AGENDA
G. Contract 15-12, Witham Lift Station
Sanitary Sewer Improvements
Action To Be Considered:
Receive bids for City Contract 15-12 (Witham Lift Station - Sanitary Sewer Improvements),
award a contract to Minger Contracting Co. Inc., for the bid amount of $667,271.90, and
authorize the Mayor and City Clerk to execute all related documents.
Facts:
➢ Contract 15-12 provides for the Witham Lift Station, a proposed new sanitary sewer lift
station along Dodd Road and north of Diffley Road, and associated force main pipe
along Dodd Road, as programmed for 2015 in the City's 5 -Year Capital Improvement
Program for Public Works Infrastructure, Part III, (2015-2019), as adopted by the City
Council on June 3, 2014.
➢ On November 5, 2014, the City Council received the feasibility report and authorized
this improvement project.
➢ On January 20, 2015, a public hearing was held to discuss the project and easement
acquisition.
➢ The impacted property owner has agreed to the proposed improvements and
associated easement acquisition. All easements have been acquired to accommodate
the construction activity for said improvements.
All of the construction activity for said improvements has been designed to occur within
public right-of-way or acquired easements.
➢ All bids have been reviewed for compliance with the bid specifications and accuracy on
unit price extensions and summations. The base bid of $667,271.90 from Minger
Contracting Co. Inc. has been reviewed by the Public Works Department (Utilities
Division) and is in order for favorable Council action.
Attachments: (1)
CG -1 Bid Summary
BID SUMMARY
WITHAM LIFT STATION SANITARY SEWER IMPROVEMENTS
CITY CONTRACT NO. 15-12
CITY PROJECT NO. 1161
Bid Date/ Time: 10:30 a.m., Thursday June 11, 2015
Engineer's Estimate: $705,300
Bidders Total Base Bid Over/Under Estimate
1)
Minger Contracting Co., Inc.,
$ 667,271.90
-5.4%
2)
Pember Companies, Inc.
$ 683,003.25
-3.2%
3)
PCIRoads, LLC
$ 731,399.50
+3.7%
4)
Ryan Contracting Co.
$ 794,654.00
+12.7%
5)
GM Contracting, Inc.
$ 953,877.99
+35.2%
Agenda Information Memo
June 16, 2015 Eagan City Council Meeting
CONSENT AGENDA
H. Project 1175, Northwood Parkway/ Promenade Avenue and
Dakota County Project 28-53, Yankee Doodle Road
Construction Activity Noise Regulation
Action To Be Considered:
Approve a variance to the Construction Activity Noise Regulations to extend construction
activity for Hardrives, Inc., between 10:00 p.m. and 7:00 a.m. from Sunday, June 28 to Tuesday,
June 30, for Project 1175, Northwood Parkway/Promenade Avenue - Street Improvements and
between 10:00 p.m. and 7:00 a.m. from Tuesday, June 30 to Thursday, July 2, for Dakota
County Project 28-53, Yankee Doodle Road (Lexington Avenue to TH 149) Street Improvements.
Facts:
➢ Project 1175 provides for the mill and overlay improvements on Northwood Parkway
and Promenade Avenue as part of City Contract 15-01 awarded to Hardrives, Inc. on
April 7, 2015.
➢ Dakota County Project 28-53 provides for the mill and overlay improvements on Yankee
Doodle Road (Lexington Avenue to TH 149), to be constructed as part of the County's
pavement preservation program, also by Hardrives, Inc.
➢ Section 10.37 of the City Code prohibits construction activity or the use of tools and
equipment for construction activity between the hours of 10:00 p.m. and 7:00 a.m.
within the City.
➢ On June 3, 2015, City staff received a letter from the contractor (through the Dakota
County Transportation Department), requesting that Hardrives, Inc., crews be allowed
to work extended hours on both projects.
➢ While the construction will be performed under traffic, the purpose of the request is to
limit the length of the impact of the construction activity, including temporary lane
closures, upon the traveling public and adjacent residents and businesses.
➢ The contractor's request is for a period of five days over all project areas to allow for the
possibility of inclement weather.
➢ The City Council has approved similar contractor requests in previous years, to allow
construction activity on the following: TH 149 upgrade (City project - 2007), the TH 3
overlay (MnDOT project — Spring 2010), and the Cliff Road Water Main Improvements
(City Contract 10-09 — Fall 2010). These improvements were completed in a timely
manner.
Attachments: (2)
CH -1 Location Map
CH -2 Contractor's Request Letter
10/22/201
Northwood Pkwy / Promenade Ave./ Yankee Doodle Rd.
¢ City Of Eap Extended Working Hours - Project 1175 / CP 28-53 Fig. 1
Engineering Department Location Map
June 3, 2015
City of Eagan
3830 Pilot Knob Rd
Eagan, MN 55122
Attn: Dale Ronning
Dakota County Transportation Dept.
2800 7.60th Street West
Rosemount, MN 55068
Attn: Stacy Reilly
To Whom It May Concern:
Hardrives Inc. is proposing to change our hours of operation at two locations to perform milling and
paving during off peak traffic hours. We are currently working between the hours of 7:00am to 7:00pm
and wish that you consider the following.
We would like to switch the Eagan street project on Promenade ave. working hours to 7:00 pm until
9:00am for three consecutive nights starting June 28L".
We would also like to switch the County Rd. 28 mill and overlay working hours to 6:00 pm until 9:00 am
for three consecutive nights beginning June 30 thru July 2"d
By changing these work hours Hardrives feels we would have a safer, less traffic interruptions delivering
a better product in the end,
We hope you consider what we are proposing at this time and if you have further questions or need
more information I would be happy to provide it.
Thank you,
.%
Ed Kieger
General Manager
Hardrives, Inc.
Agenda Information Memo
June 16, 2015, Eagan City Council Meeting
CONSENT AGENDA
I. No Parking Designation on Promenade Avenue
Action To Be Considered:
Approve a resolution to prohibit parking on both sides of Promenade Avenue, from
Yankee Doodle Road (CSAH 28) to Northwood Parkway, and authorize the Mayor and
City Clerk to execute all related documents
Facts:
On January 6, 2015, the City Council approved Project 1175 including street
improvements to Promenade Avenue and authorized the preparation of detailed
plans and specifications.
➢ As a newly designated Municipal State Aid route, it is desirable for the City to
obtain the use of State Aid funding to reimburse the construction costs of the
proposed improvements.
➢ Since 1996, and prior to Promenade Avenue being designated as a Municipal
State Aid route, parking has been prohibited along its entire length.
➢ This proposed resolution for no parking on Promenade Avenue would be
consistent with the current parking prohibition.
Attachments: (1)
CI -1 Location Map
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Engineering Department Location Map
Agenda Information Memo
June 16, 2015, Eagan City Council Meeting
CONSENT AGENDA
J. Approve Temporary On -Sale Liquor License and waive the license fee for St.
John Neumann Catholic Church's Parish Summer Picnic on July 12, 2015 at 4030
Pilot Knob Road.
Action To Be Considered:
To approve a temporary on -sale liquor license and waive the license fee for St. John
Neumann Catholic Church's Parish Summer Picnic on July 12, 2015 at 4030 Pilot Knob
Road.
Facts:
➢ St. John Neumann Catholic Church has requested a temporary on -sale liquor
license for its July 12, 2015 Parish Summer Picnic on the Church's grounds. All
alcohol at the event must be consumed within the fenced beer garden area. The
Church volunteers will be receiving alcohol server training before the event.
➢ The Church has met the requirements for a temporary on -sale liquor license and
has submitted the required documentation. The application has been reviewed
by staff and the Police Department and has been found in order for approval.
➢ St. John Neumann Catholic Church has requested that the $150.00 license fee be
waived.
➢ Following Council approval, the application will be forwarded to the Department
of Public Safety — Alcohol and Gambling Enforcement Division for final approval.
Attachments: (1)
CJ -1 Letter from the Church
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JOHN
NHUMANN
CATHOLIC CIIORCH
20 April 2015
ST. JOHN NEUMANN CATHOLIC CHURCH
The Honorable Mike'.Maguire, Mayor of Eagan
and Members of City Council
Eagan City Hall
3830 Pilot Knob Road
Eagan, MN 55122
Dear Mayor Maguire and Members of City Council,
I am writing to request a waiver of the $150 Liquor License Application Fee. The license will be used for
four hours, one day (July 12, 2015) for the annual St. John Neumann Parish Summer Picnic. The parish
picnic is a four-hour event, Noon... 4:00 pm and beer will be offered for sale only during those hours.
Most of the events are done at no charge to parishioners so waiver of the $150 fee would be greatly
appreciated. We thank you for your kind consideration and look forward to your response.
` ''Respectfully,
Paul W. Karpinko�
Director of Parish Operations
St. John Neumann Catholic Church
4030 Pilot Knob Road
Eagan, MN 55122
4030 Pilot Knob Road I Eagan MN 55112-1898 1 phone 651.454.2079 1 fax 651.454.0860 1 www.sjn.org
Agenda Information Memo
June 16, 2015, Eagan City Council Meeting
CONSENT AGENDA
K. Direct preparation of an ordinance amendment to City Code Chapter 5 and City
Code Chapter 11 regarding Sunday liquor sales, wine license food service
requirements, cocktail room licenses, temporary on -sale microdistillery
licenses, and off -sale microdistillery licenses
Action To Be Considered:
To direct the City Attorney's Office to prepare an ordinance amendment to City Code
Chapter 5 and City Code Chapter 11 regarding Sunday liquor sales, wine license food
service requirements, cocktail room licenses, temporary on -sale microdistillery licenses,
and off -sale microdistillery licenses.
Facts:
➢ During the 2014 and 2015 legislative sessions, several changes were made to the
liquor licensing statutes. While the Council may choose to be more restrictive
than State Statute, the following updates to City Code would make the City's
regulations consistent with the State:
o Allow on -sale liquor licenses to begin serving alcohol at 8 a.m. on Sunday
instead of 10 a.m.
o Permit the issuance of a license for brewer taprooms and small breweries
to sell growlers for off -sale consumption on Sundays.
o Permit the issuance of cocktail room licenses. Cocktail rooms are areas
within a microdistillery (small liquor manufacturer) where patrons may
purchase drinks for consumption at the business.
o Permit the issuance of temporary on -sale liquor licenses to
microdistilleries for social events at their facilities.
o Permit the issuance of off -sale licenses to microdistilleries for the sale of
one 375 milliliter bottle per customer per day of product manufactured
on site.
o Remove the 60% food service requirement from on -sale wine license
regulations.
➢ An ordinance amendment to Chapter 11 is necessary to allow for permits
associated with microdistillery operations.
➢ The Chapter 11 ordinance amendment will go to the Planning Commission for a
public hearing at its July 28 meeting. The Chapter 5 and Chapter 11 ordinance
amendments will be before Council for consideration in August.
Attachments: (0)
Agenda Information Memo
June 16, 2015 Eagan City Council Meeting
Consent Agenda
L. Award contract to UHL Company, Inc. for the low voltage wiring, CCTV, audio-
visual and access control remodel of Fire Station #4 and authorize the mayor
and city clerk to execute all related documents.
Action To Be Considered:
Award contract to UHL Company, Inc. for the low voltage wiring, CCTV, audio-visual
and access control remodel of Fire Station #4 and authorize the mayor and city clerk
to execute all related documents.
Facts:
➢ Council authorized this project at the May 5t", 2015 Council meeting and funds
to proceed with this project were previously allocated in the FIFE funding. The
FFE projected costs to complete this low -voltage wiring project was $75,000.
➢ Staff sent out an RFQ to four contractors who have previously done work with
the City and are reputable companies. The RFQ asked vendors to estimate the
costs of Data/Voice, CCN, Access Control, Paging and Audio Visual.
➢ The City received responses from three bidders on all categories listed above.
One bidder only responded to the Data/Voice section.
➢ To streamline the management of the project, staff decided to choose a vendor
that could complete all categories listed above.
➢ UHL Company had the low bid of $39,858 to perform all work. Staff
recommends engaging in a contract with UHL Company to complete the low
voltage wiring remodel of Fire Station 4.
Attachments: (0)
To view the bid results, please contact the City Administrator's office
Agenda Information Memo
June 16, 2015, Eagan City Council Meeting
CONSENT AGENDA
N. Schedule Public Hearing to Consider Applications Received For A Cable Franchise
Action To Be Considered:
Schedule public hearing for July 21, 2015 to consider applications received for a cable franchise
Facts:
➢ On June 2, 2015 Eagan's cable franchise attorney Brian Grogan briefed the City Council
on interest from CenturyLink, and possibly others, to submit a competitive franchise
application to operate in the City of Eagan.
➢ The City Council directed the publishing of a notice of intent to franchise to run in two
successive issues of Sun ThisWeek, the City's legal newspaper of record, and it directed
staff to begin negotiating with CenturyLink on language for a possible franchise
submittal.
➢ Other interested parties are also welcome to submit a proposed cable franchise. The
deadline for those submissions is July 3, 2015.
➢ It is now time to set the Public Hearing date commensurate with the published legal
notices.
➢ That date is scheduled to be July 21, 2015 at the regular City Council meeting on that
date.
➢ Separate processes govern consideration of a franchise renewal versus submittal by a
new entrant. It should be noted, however, that while Comcast requested renewal of its
cable franchise in Eagan and formally triggered a three-year renewal window in 2012,
and while the City, following its own due diligence, submitted an updated draft
franchise to Comcast last October reflecting community needs and requests for
improved customer service standards, staff and counsel have yet to receive back from
Comcast a mark-up of that draft. No negotiations have yet been commenced by the
provider to this date.
Attachments: (1)
CN -1 Copy of the legal notice sent to Sun ThisWeek.
NOTICE BY THE CITY OF EAGAN, MINNESOTA
OF ITS INTENT TO CONSIDER AN APPLICATION FOR A FRANCHISE
Notice is hereby given that it is the intent of the City Council of the City of Eagan, Minnesota, to
consider the application for a franchise for the purpose of operating a cable communications
system to serve the City of Eagan, Minnesota. This notice is given in accordance with the
requirements of Minn. Stat. § 238.081.
Applications shall be submitted in response to this Notice and Request for Proposals available
on request in the office of the Communications Director, Tom Garrison at 3830 Pilot Knob Road,
Eagan, MN 55122.
A. The deadline for submitting applications is July 3, 2015.
B. Applications shall be in writing, notarized, in a format consistent with the
Request for Proposals, and sealed with three (3) copies enclosed. Applications
shall be delivered to the attention of Tom Garrison, Communications Director,
City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122. Two (2) additional
copies shall be simultaneously submitted to the City's outside legal counsel, Brian
Grogan, Moss & Barnett at 150 South Fifth Street, Suite 1200, Minneapolis,
Minnesota 55402.
C. Pursuant to Minn. Stat. 238.081 subd. 8, Applicants will be required to reimburse
the City for all necessary costs of processing a cable communications franchise.
Each application shall include an application fee of Ten Thousand and No/100
Dollars ($10,000) in the form of a check made payable to the City of Eagan,
Minnesota. Any unused portion of the application fee shall be returned to the
Applicant and any additional fees required to process the application and
franchise beyond the application fee shall be assessed to the Applicant.
D. Applicants are requested to be present at a public hearing before the City Council
that is presently scheduled to be held at City Hall, beginning at 6:30 p.m. on July
21, 2015. Each applicant will be given time to summarize its application.
E. The Request for Proposals sets forth in detail the expectations of the City of
Eagan, Minnesota and the requirements of the content of the franchise proposal
and are made in conformance to the requirements of Minn. Stat. § 238.081,
subd. 4.
F. The services to be offered are identified in the Request for Proposals and include
a system providing public, educational and governmental access channels
consistent with state law; a mix, level and quality of programs and services
comparable to other systems in the region serving similar sized communities and
customer services and maintenance plans to ensure quality service to the
subscriber. The Request for Proposals provides further details of the services to
be offered.
G. The criteria for evaluating the applications and priorities for selection are as
follows:
2791544v1
1. The completeness of applications and conformance to Request for
Proposals;
2. Customer service policies and system testing;
3. The legal, technical, and financial qualifications of the applicant; and
4. The proposal for community services, including public, educational, and
governmental access in accordance with state law.
H. Applications which meet the above criteria in the opinion of the City Council shall
be considered for a franchise.
I. The applicant(s) selected by the City Council will be required to accept the
franchise documents granted within thirty (30) days after adoption.
J. All questions concerning this request should be directed to Tom Garrison, Communications
Director, City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122; phone (651) 675-5008.
Date: June 12, 2015
CITY OF EAGAN, MINNESOTA
By: Christina M. Scipioni
Its: Clerk
2791544v1
Agenda Information Memo
June 16, 2015 Eagan City Council Meeting
*919140k&VCT ► o
O. DIRECT Staff to Initiate Cancellation of Development Agreement and Related
Actions for Red Pine Crossing, Revestors Group 4, LLC
Action to Be Considered:
To direct staff to initiate the steps necessary to cancel the Development Agreement with
Revestors Group 4, LLC for the Red Pine Crossing development located at Red Pine Lane and
Biscayne Avenue and to consider the decertification of the Southeast Eagan Renewal and
Renovation TIF District.
Facts:
➢ In 2006, Revestors Group 4, LLC, received approval for Red Pine Crossing, a retail
planned development proposed to be constructed west of Hwy 3 at the
intersection of Red Pine Lane and Biscayne Avenue. Shortly after and also in
2006, the EDA and City Council approved creation of the Southeast Eagan
Renewal and Renovation District to provide a tool to assist with extraordinary
costs related to redevelopment of the property.
➢ A Development Agreement was executed related to the Subdivision of the
property and a Final Planned Development Agreement was executed related to
the use and development layout. A TIF Development Agreement was discussed,
but never finalized or executed.
➢ The developer proceeded with the demolition of one building on a portion of the
property and completed general grading of the site.
➢ On a number of occasions, the developer communicated to staff that the project
would only be able to proceed upon the commitment of a grocery anchor for the
project. That has not occurred to date.
➢ The City is now in receipt of a letter from the developer requesting cancellation
of the Development Agreement, cancellation of the Letter of Credit related to
the project and close out of any escrow balances.
➢ In order to respond to this request, it will also be necessary to address the
related matters, including the PD and TIF District, most likely through a rezoning
to remove the PD designation and decertification of the TIF District. Action by
the Council on this item would permit staff to initiate the process for each.
Attachments:
C01— Location Map
CO2 — Letter from Revestors requesting cancellation of the Development Agreement
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Community Development Department
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122
To Whom It May Concern:
I am writing to cancel the Development Agreement regarding Lots 1 and 2, Block 1, Red
Pine Crossing. On April 4, 2006 Revestors Group 4, LLC entered into a Preliminary
Development Agreement with the City of Eagan. The planning progressed to October
17, 2006 when a Final Planned Development Agreement was signed by Revestors Group
4, LLC and the City of Eagan.
As a result of economic hardship, this project will not be developed as envisioned and
planned. Therefore the Members and Governors of Revestors Group 4, LLC have
directed Douglas W. Anderson as the Chief Manager to cancel the existing Development
Agreement at the earliest possible date.
The agreements between Revestors Group 4, LLC and the City of Eagan required a Letter
of Credit to be maintained The Members and Governors understand that by canceling
the Development Agreement, this Letter of Credit will no longer be required. On
February 17, 2009 a Letter of Credit was issued from Bridgewater Bank for $348,000,
The Members and Governors respectfully request this Letter of Credit to be cancelled at
the earliest possible date.
The Members and Governors also request the City of Eagan to refund any remaining
balances in all existing Developer Escrow Accounts.
Thank you for helping us with this request.
Sincerely,
j(
Revestors Group 4, LLC
Douglas W. Anderson — Chief Manager
3000 County Road 42 West, Suite 300
Burnsville, Minnesota 55337
iililil illi jr (i r;i :. ]VI IM ,r;2 801- 690
Agenda Information Memo
June 16, 2015, Eagan City Council Meeting
PUBLIC HEARING
A. Variance — 4865 Pilot Knob Road (Norton Homes)
Action To Be Considered:
To approve a Variance of two feet to allow an eight foot residential fence
Required Vote For Approval: Majority of Councilmembers present
Facts:
➢ The owner is requesting approval of a Variance to allow construction and installation of
an 8' fence.
➢ The 4.62 acre property is zoned R-1 (single-family residential).
➢ The location of the proposed fence is upon Lots 3 and 4 of the Stone Run development
which consists of 7 lots.
➢ The requested height exceeds the maximum of 6' as provided per the City Code.
➢ The Applicant's narrative indicates the proposed variance is intended to provide a sound
barrier and additional privacy for homeowners.
➢ The conditions resulting in the requested Variance do not appear to be unique to this
property; however, the proposed fence height necessitating the Variance does not
appear to present detrimental impacts to neighboring properties or the public.
Issues: None
60 -Day Agency Action Deadline: July 19, 2015
Attachments: (3)
PHA -1 Location Map
PHA -2 Staff Report
PHA -3 Report Exhibits
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REPORT DATE: June 9, 2015
PLANNING REPORT
CITY OF EAGAN
CASE: 33 -VA -04-05-15
APPLICANT: Patrick Hiller, Norton Homes HEARING DATE: June 16, 2015
PROPERTY OWNER: Same
REQUEST: Variance
LOCATION: 4865 Pilot Knob Rd.
APPLICATION DATE: May 20, 2015
PREPARED BY: Alec Knutson
COMPREHENSIVE PLAN: LD, Low Density
ZONING: R-1, Single-family
SUMMARY OF REQUEST
The applicant is requesting approval of a Variance of 2 feet to allow an 8 -foot tall privacy fence
along the east property line of property located at 4865 Pilot Knob Road.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states the city 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.
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.
Planning Report — 4865 Pilot Knob Rd
June 16, 2015
Page 2
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 ordinance also states "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
City Code Section 11.70, Subdivision E limits the maximum height of a residential fence to 6' in
height when placed in a side or rear yard.
Any fence over 7' in height requires a Building Permit.
BACKGROUNWHISTORY
The property abuts single-family homes to the north, south and west and is adjacent to Pilot
Knob Road to the east. The Preliminary Subdivision, approved earlier this year, creates seven
lots, two of which (Lots 3 and 4) are adjacent to Pilot Knob Road. Demolition of the single
family home and detached accessory buildings has begun.
SURROUNDING USES
The property is surrounded by Planned Development and Single -Family Residential zoned
properties that are developed with single family homes.
EXISTING CONDITIONS
The Stone Run subdivision is 4.62 acres in size, consisting of 7 lots. According to the proposed
Plat, Pilot Knob Road, an A Minor Arterial roadway, abuts the rear yards of Lots 3 and 4.
EVALUATION OF REQUEST
Proposal — The applicant is requesting a Variance to allow construction of an 8' boundary fence
to be installed later this year.
Planning Report — 4865 Pilot Knob Rd
June 16, 2015
Page 3
According to the applicant, the 6' maximum height for a boundary fence is not tall enough to
provide an effective sound barrier from traffic noise on Pilot Knob Road nor does it provide
sufficient privacy protection to homeowners.
Variance Criteria — The Zoning Ordinance states that relief may be granted from a required
ordinance provision provided there are special conditions that apply to the subject land, the relief
is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to
alleviate a practical difficulty.
The surrounding area is developed with similar residential development and many properties
have privacy fences. While Variances to the 6 -foot height requirement are not frequently
requested, there are MnDOT sound barrier walls of much greater height in other areas of the
City.
The boundary fence is proposed within rear yards. The proposal satisfies other standards in
relation to location and material. It does not appear that granting of the Variance would result in
any detrimental effects to the neighboring properties or the public.
APPLICANT'S PRACTICAL DIFFICULTIES
The stated practical difficulty is that the adjacent County Road, which creates noise and limits
privacy, impacts both future homes on Lots 3 and 4. The applicant contends that construction of
a taller fence will mitigate these issues.
SUMMARY/CONCLUSION
The applicant is proposing to construct an 8 -foot boundary fence which exceeds the maximum
height allowed in a residential zone by two feet, resulting in the need for a Variance. The
Applicant has stated the fence is needed to provide privacy and mitigate noise due to the site
location adjacent to Pilot Knob Road.
The conditions resulting in the requested Variance do not appear to be unique to this property;
however, the proposed fence does not appear to present detrimental impacts to neighboring
properties or the public.
ACTION TO BE CONSIDERED
To approve a Variance of 2 feet to allow an 8 -foot tall privacy fence along the east property line
of 4865 Pilot Knob Road. If approved, the following conditions should apply:
1. If within one year after approval, the variance shall not have been completed or utilized, it
shall become null and void unless a petition for extension has been granted by the council.
Such extension shall be requested in writing at least 30 days before expiration and shall state
facts showing a good faith attempt to complete or utilize the use permitted in the variance.
2. The Applicant shall obtain an approved Building Permit.
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May 19, 2015
City of Eagan
3930 Pilot Knob Rd
Eagan, MN 55122
Enclosed please find our completed Development Application forthe proposed Privacy Fence at
4865 Pilot Knob Rd.
The Variance request for Stone Run project focuses on the following priorities:
m Stay within existing R-1 zoning parameters with the exception of the variance being
noted in this narrative.
® Buffer noise along Pilot Knob Rd with a small berm and privacy fence running
north/south on the east property boundary.
• Create privacy for homes on lots 3 and 4, Block 1.
The 8' Privacy Fence to be constructed on Lots 3 and 4, Block 1 will be in the best interest of the
development and homeowners and is necessary to provide privacy through the 2nd floor -main
level of the proposed home to be built on Lot 3, Block 1; to both homes of Lots 3 and 4, Block 1
from the existing bituminous trail and also to serve as purpose to buffer traffic noise from Pilot
Knob Road.
Application
We are submitting the following Development application:
® Current and Comprehensive guide plan zoning: Low density, R-1 residential
® Install 8' Privacy Fence, constructed of wood —board over board style, with 6x6 posts set
in concrete. Length of 417' along Pilot Knob Rd on Lots 3 and 4, Block 1.
• Front/rear/side setbacks all conform to existing R-1 zoning requirements.
® Site is surrounded by single family homes and parks to the south and east across Pilot
Knob Rd.
® No wetlands exist on the site. A Wetland Delineation Report from Bopray
Environmental confirming such is enclosed.
Variance Requests
1. FENCE: Increase maximum allowable height of six feet (6') for residential property.
Due to the noise of the traffic on Pilot Knob Road, to create privacy through the 2"d floor
of the future home of Lot 3, Block 1, and to both future homes of Lots 3 and 4, Block 1
from the existing bituminous trail it is proposed an 8' privacy fence be constructed on
Lots 3 and 4, Block 1; the length of 417' on the east boundary property line of Block 1
running North/South along Pilot Knob Road.
Site Development
Site construction of all seven lots in one phase is anticipated to begin in the spring. Fence
installation is proposed for this Summer/Fall 2015.
Thank you in advance for your consideration.
Best regards,
S
Patrick Hiller
Partner, Norton Homes
1821545 1h Avenue North, Suite D Plymouth, MN 55445 - P.763.559.2991 F.763.551.4999
www.nortonhomes.com