The URL can be used to link to this page

03/04/2003 - City Council Regularr {_ ~. li AGENDA EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING MARCH 4, 2003 6:30 P.M. I.. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS A_~1D PRESENTATIONS IV. CONSENT AGENDA A. APPROVE MIWTES ~'~ B. PERSONNEL ITEMS (j C. CHECK REGISTERS /yt D. APPROVE 2003 Tree Contractor License renewal s E. APPROVE 2003 Commercial Fertilizer License renewal ~6 F. APPROVE Change Orders 3 and 4 with Parsons Technologies for work at the Community Center p~7 G. APPROVE expanding the recycling programs of Eagan and Burnsville to include Apple Valley. IP u H. RECEIVE bids and award contract for Contract 03-02 (Lexington Place/Drexel Hts. Addns. - a ` Street Overlay) yl~~ I. RECEIVE bids and award contract for Conaact 03-10 (Selmark/HarveyBurrview Additions - r Street Recycle) ~~7 J. APPROVE National Pollutant Discharge Elimination System (NPDES) Phase II Permit Application to Minnesota Pollution Control Agency K. AUTHORIZE preparation of Feasibility Report for Project 884 (Borchert Lane -Streets and Utilities) p3 ~ L. APPROVE Resolution requesting Legislative support for local options to transportation I funding. M. AUTHORIZE preparation of feasibility report for Project 886 (Lone Oak Road -Street Upgrade and Utilities) ~,3~.1. APPROVE No-Parking Resolution for Yankee Doodle Road, Project 776 (Hwy 149 to Inver / Grove Heights border) ~3b O. APPROVE final payment and authorize city maintenance for Project 02-15A (Community Center -Storm Sewer Improvements) f73?P. APPROVE Change Order No. 3 for Contract 02-15B (Central Park -Site Improvements) Y ,38' Q. APPROVE Easement Agreement for Project 800R (Cedar Grove Access Modifications) 39 R. APPROVE Community Center Operating Policies per the recommendation of the Operations Committee. /~ ~~ S. APPROVE Community Center fees, booking recommendations, and scheduling priorities per the I _ recommendation of the Operations Committee. ~~/ T. APPROVE on-sale beer license for Hunan Garden U. APPROVE Change Order #4- Pavilion/ Wellhouse #20 ~~ V. AUTHORIZE Contractual Services, Encompass, Inc. for Project 868 (Water Treatment Plant expansion -Engineering Services) V. 6:30 -PUBLIC HEARINGS 1~ ~ A. VARIANCE, Michelle and Jeff Moe, A Variance request of 12 feet to the 30 foot required setback from public right-of--way for a garage addition on Lot 12, Block 4, Weston Hills 2"a Addition, located at 4705 Stratford Lane in the NE '/, of Section 36. VI. OLD BUSINESS ~~A. FINAL SUBDMSION AND FINAL PLANNED DEVELOPMENT, Centennial Ridge - Manleyland Development, Inc. 56 B. ORDINANCE AMENDMENT -City of Eagan. An Ordinance Amendment to Chapter 1 I entitled "Land Use Regulations (Zoning)" to amend Chapter 11, Section 11.70 to allow additional product signage, via a Conditional Use Permit, in the business park zoning district. P ~p,SC. NO PARKING RESOLUTION for Chapel Lane (Hwy. 149 to Random Rd.) / D. PETITION, Lone Oak Lane Storm Sewer. VII./ NEW BUSINESS ?3 A. $E~UEST BY FRIENDS OF PATRICK EAGAN PARK to match an acquisition grant received by Friends, approve submission of Scenic and Natural Areas grant application for Lee and Laurel Anderson parcel acquisition and set public hearing; Authorize an appraisal of the Lee Anderson property through the Trust for Public Land. D~ B. HEARING TO CONSIDER REVOCATION, INTERIM USE PERMIT -Jim Oberg - PID 10-03600-021-79) located at the southeast corner of Red Pine Lane and Hwy. 3 in the SE '/< of Section 36. VIII. COMMUNITY CENTER UPDATE IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE X. ADMINISTRATIVE AGENDA A. Comments by City Council, City Administrator, and Department Heads XI. ECONOMIC DEVELOPMENT AUTHORITY A. PURCHASE AGREEMENT for 3986 Cedar Grove Parkwa ~q3 y XII. VISITORS TO BE HEARD (for those persons not on agenda) XIII. ADJOURNMENT XIV. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. ~t.~~ -city of eagan MEMO MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 28, 2003 SUBJECT: AGENDA INFORMATION FOR MARCH 4, 2003 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the March 4, 2003 City Council agenda, the following items are in order for consideration. Agenda Information Memo March 4, 2003 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 February 18, 2003 regular City Council meeting and the February 18, 2003 Listening Session as presented or modified. ATTACHMENTS: • Minutes of the February 18, 2003 regular City Council meeting are enclosed on pages 3 through , fQ. • Minutes of the February 18, 2003 Listening Session are enclosed on page fL_. MINUTES OF A REGULAR MEETING OF THE D ~ A EAGAN CITY COUNCIL Eagan, Minnesota February 18, 2003 A regular meeting of the Eagan City Council was held on Tuesday, February l 8, 2003 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan and Councihnembers Carlson, Fields, Tilley and Maguire. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, Ciry Attorney Mike Dougherty and Admuistrative Secretary/Deputy Clerk Mira McGarvey. AGENDA 'City Administrator Hedges noted that under Legislative/Intergovernmental Affairs Update ,Public Works Duector Colbert would be providing information regarding local transportation funding options and legislative opportunities. He also noted that under the Administrative Agenda, two items regarding 2003 Goals, and City Council portraits would be discussed. Councilmember Tilley moved, Councihnember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 CONSENT AGENDA Items A, B, E, I, L, O, Q, and R were pulled from the Consent Agenda. A. Minutes . Pulled for discussion. B. Personnel Items. Pulled for discussion. C. Check Registers. It was recommended to ratify the check registers dated February 6, 2003 and February 13, 2003 as presented. D. Gambling Exempt Permit. It was recommended to approve an application for a Minnesota Lawful Gambling Exempt Permit for Twin Toms Chapter NWTF to hold a raffle on March 13, 2002 at Royal 03-OS 2280 Cliff Road. E. Wetland Replacement Plan. Moved to Public Hearings (after item D) F. Extension for recording final plat. It was recommended to approve an extension of time to record the 1 plat for Cedar Villas, located west of Nicols Road and north of Erin Drive in the SW '/< of Section 30. G. Final Plat. It was recommended to approve a Final Plat (Eagandale Center Industrial Park No. 18) to combine four lots creating two lots consisting of Lots 20, 21, 22, 23, 24, Block 3, Eagandale Center 03-06 Industrial park No. 4, except the west 16.5 feet of Lots 20 and 21. H. Public Hearine -Revocation of Interim Use Permit. It was recommended to set a public hearing date to consider revocation of the Interim Use Permit for outdoor storage of equipment and trailers approved on October 1, 2002 for property owned by Mr. Jim Oberg, located in a Neighborhood Business zoning distr south of Red Pine Lane between Highway 3 and Biscayne Avenue in the SE '/, of Section 36. I. Extension for recording final plat Pulled for discussion. J. Contract 02-10. It was recommended to approve Change Order No. 2 to Contract 02-10 (Dodd Road - Diffley Road to Wescott Road Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. K. Contract 01-07. It was recommended to approve Change Order No. 5 to Contract 01-07 (Lextington Avenue -Town Centre Drive to Clubview Road, Street & Utility Improvements), authorize the Mayor and City Clerk to execute all related documents, approve the final payment in the amount of $177,668.42 to McNamara Contracting, Inc. and accept the improvements for perpetual maintenance subject to warranty provisions and the related County Agreement. L. ARC Recommendation. Moved to Legislative /Intergovernmental Affairs Update for discussion M. Easement Vacation public hearine. It was recommended to schedule a public hearing to be held on March 18, 2003 to consider the vacation of public easements within the plat of Langhoven. N. Commercial Fertilizer License Renewal It was recommended to approve 2003 Commercial Fertilizer License Renewal for Pro Turf, 7780 West 215`s Street, Lakeville, MN. O, Contract 03-10. Pulled for discussion. 3 Eagan City Council Meeting Minutes February 18, 2003 Page 2 DRAFT P. Contract 03-07. It was recommended to approve the specifications for Contract 03-07 (Cedar Grove Redevelopment Area -House Demolition/Removal) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, March 13, 2003. Q. Communes Center Operating Polio It was recommended to approve the Community Center operating policies and bandshell policy, per the recommendation of the Operations Committee. R. Remove Freeze on Communit~Center expenditures. Pulled for discussion. S. Banquet Room Rental Fee. It was recommended to approve the recommendation of the Operations ,Committee to raise the Banquet Room Rental fee from $700 to $800 on Saturdays only, to go into effect for • new bookings in 2004. T. Listing_Aereement. It was recommended to approve a resolution accepting the listing agreement with Lisa Rumbaugh of The Real Estate Marketplace for realtor services representing the City of Eagan in the sale of publicly-owned residential properties at 2230, 2238 and 2246 Clark Street and 4185 Strawberry lane, and 03-07 authorizing the City Administrator to work with the realtor to establish selling prices for each of the four properties. U. Chang~Order. It was recommended to approve Change Order #10 for the Eagan Community Center in the amount of $543.00. V. On-Sale Wine License. It was recommended to approve the On-Sale Wine and Sunday license for Hunan Eagan Buffet, Inc., dba Hunan Garden, 1304 Town Centre Drive. W. Community Center Building component opening dates. 1t was recommended to approve the following building component opening dates: • April 14 - ECVB Opening Date • May 2 -The Blast and Meeting Rooms open • May 10 -First Wedding Reception in Banquet Room • May 11 -Senior Center opens • August 9 -Fitness Center open • August 11 -Gym opens and is scheduled for programming • September 5 -Teen Center opens • September 8 -Fitness Classes begin • Soft Opening -May 3 • Grand Opening -September 27 X. Change Directive. It was recommended to change directive to install an expanded masonry fireplace base and flower box inset at the Community Center. Councihnember Maguire moved, Councihmember Tilley seconded a motion to approve the balance of the Consent Agenda. Aye: 5 Nay: 0 A. Minutes . The February 4, 2003 regular City Council minutes were pulled for discussion. Councilmember Carlson noted that a revision had been made on page 2, Consent Item P. "Councilmember Carlson moved, Councilmember Tilley seconded a motion to accept DNR Metro Greenway Grant award in the amount up to $10, 000 with the City matchine up to $8.000, for a total cost not to exceed $18.000. " Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the minutes of the February 4, 2003 regular City Council meeting as revised, the February 4, 2003 Listening Session and the February 6, 2003 special City Council meeting as presented. Aye: 5 Nay: 0 B. Personnel Items. Mayor Geagan stated that Assistant City Administrator Verbrugge had submitted his resignation to accept the position of City Administrator for the City of Rosemount. Mayor Geagan also noted the retirement of Randy Larson, Sergeant in the Police Department. Police Chief Therkelson highlighted Sergeant Larson's career with the Eagan Police Department. Mayor Geagan moved, Councilmember Tilley seconded a motion to accept the resignation of Jamie Verbrugge, Assistant City Administrator. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes p R A F T February 18, 2003 Page 3 Councilmember Carlson moved, Councihnember Maguire seconded a motion to approve the following .personnel items: Aye: 5 Nay: 0 1. Accept the retirement of Randy Larson, Sergeant in the Police Department. 2. Accept the resignation of Jamie Bewley, part-time Clerical Tech III in the Police Department. 3. Approve the hiring of Megan Kisse, Alex Dauphin, Jenny Geiser, Jessica Ofstedahl, Susan Casey, Mindy Pika, Lisa Kleinschmidt, Paul Maloney, Emily Jensen, Grant Mestnik, Ben Milhnann, Megan Lostetter, Brina Boufford, Ben Huonder, Kristi Milhnann, Blair Smith, Megan Bergen, Jenny Woelfel, Jili Woelfel, Nick Csargo, Thom Rehwa[dt, Anne Weston, Nicole Cantin, Chris Ahrens, Kelly Craven, Matt Gilbert, Mike Brumbaugh, Taylor Lamski, Ann McGrath, Lauren Rouchard, Stephanie Doefler, Brandon Burger, Mike Kantor, David Mains, Chris Milbrandt, Brad Johnson, Tara Reu, Amy Osborne, Kali Bavender, Jackie Peters, Jennifer Kilby, Kelsey Crunstedt, Nate Startkson, Cass Pfender, Erinn Swinton, Kelly McGrath, Dan Milis, Kelly Childs, Jamie Boufford, Landon Weninger, Alexis Lund and Laura Hogenson as Cascade Bay seasonal staff for 2003. I. Extension for recording.fmal plat of Gifr of Mary. Councilmember Tilley stated she would be voting against the extension for recording the final plat due to her past opposition to the project. Councihnember Carlson moved, Councihnember Fields seconded a motion to approve a 60 day extension of time to record the final plat or Gift of Mary, located south of Lone Oak Road and north of Highway 55 and bordering on Inver Grove Heights, in the NE '/< of Section 12. Aye: 4 Nay: 1 (Tilley opposed} O. Specifications and Ad for Bids for City Contract 03-10 (Sehnark, Harvev, and Bumiew Acres -Street Overla Councilmember Maguire inquired as to future plans for sidewalks and trails along Chapel Lane and the issue of on-street parking on Chapel Lane. Public Works Duector Colbert responded that the requested trail within Bun Oak Park has been referred to the Parks Department and any sidewalk along Chapel Lane would have to be initiated by a petition from the neighborhood. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the plans and specifications for Contract 03-10 (SelmarklHarveyBurrview Additions -Street Improvements), and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, February 27, 2003. Aye: 5 Nay:O Q. Community Center operatingpolicies and bandshell policy, per the recommendation of the Operations Committee. City Administrator Hedges recommended that this item be continued pending further Operations Committee review. Councihnember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of the Community Center operating policies and bandshell policy. Aye: 5 Nay: 0 R. Remove freeze on Community Center expenditures including FF&E purchases, per the recommendation of the Operations Committee. Councihnember Fields expressed concern regarding the process for FF&E purchases. She stated she would like for the entire Council to approve purchases. Councihnember Carlson moved, Councihnember Fields seconded a motion to authorize the removal of the Community Center expenditures freeze (per the direction at the 12/23/02 City Council meeting) and direct staff to proceed in FF&E purchases. Aye: 5 Nay: 0 s Eagan City Council Meeting Minutes February 18, 2003 Page 4 PUBLIC HEARINGS PROJECT 881, TWIN VIEW MANOR (ERIKS BOULEVARD) STREET LIGHTING IMPROVEMENTS DRAFT City Administrator Hedges introduced this item regarding street lighting on Eriks Boulevard. Assistant City Engineer Gorder gave a staff report. r 'Councihnember Carlson moved, Councihnember Tilley seconded a motion to open the public hearing. Aye: 5 Nay: 0 Seven residents of Eriks Boulevard spoke regarding the proposed street lighting, both in favor and in opposition. It was determined that several residents had signed the petition for the lighting in an effort to get information and after receiving the information, are opposed to the installation of the lights. Public Works Director Colbert addressed issues raised by the residents. There being no further public comment, Mayor Geagan closed the public hearing. Councihnember Maguire moved, Councihnember Fields seconded a motion to deny Project 881, (Twin View Manor/Eriks Boulevard -Street Lighting Improvements). Aye: 4 Nay: 1 (Tilley opposed). PROJECT 883 CLEARVIEW ADDITION (BEECHER DRIVE) STREET LIGHTING IMPROVEMENTS City Administrator Hedges introduced this item regarding street lighting improvements to Beecher Drive. Public Works Director Colbert gave a staff report. Councilmember Carlson moved, Councihnember Tilley seconded a motion to open the public hearing. Aye: S Nay: O Dianne Lane,1780 Beecher Drive, representing the Beecher Drive neighborhood, spoke in favor of the proposed street lighting stating there had been vehicle theft and vandalism in the neighborhood. Mayor Geagan closed the public hearing and fumed discussion back to the Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve Project 883 (Clearview Addition / Beecher Drive -Street Lighting Improvements) and authorize its installation through a construction agreement with Dakota Electric Association. Aye: 5 Nay: 0 PROJECT 806R, KENNERICK ADDITION STORM SEWER IMPROVEMENTS City Administrator Hedges introduced this item regarding storm sewer improvements for Kennerick Addition (Pond HDP-1). Kevin Kimmes, Bonestroo Rosene Anderlik and Associates made a presentation regarding the proposed storm sewer improvements. Councihnember Carlson moved, Councihnember Tilley seconded a motion to open the public hearing. Aye: 5 Nay: 0 Seven residents spoke expressing concerns regarding the following: Changes in plans originally approved by the City Council last year. Removal of trees and other vegetation Easement rights 6 Eagan City Council Meeting Minutes February 18, 2003 Page 5 • Options for installing pipe -boring or trenching • Property appraisals • Forrnal appeal regarding the pond • Restoration of the pond • Drainage from Lone Oak Road • Possibility of funding from the State • Future plans for upgrading Lone Oak Road • Assessment spread DRAFT Public Works Director Colbert and Mr. Kimmes responded to the issues raised by the residents. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Council and staff discussed various options for the proposed project. It was suggested that the matter be discussed at a Council workshop and that another informational neighborhood meeting be held. Councilmember Carlson made a motion to continue the public hearing to allow time for further investigation of options. After further discussion, Councilmember Carlson withdrew the previous motion. Councilmember Carlson moved, Councilmember Fields seconded a motion to continue the public hearing for Project 806R (Kennerick Addition, Pond HDP-1 Trunk Storm Sewer Outlet) to April 15, direct staff to schedule this item on the April 8 Council special workshop agenda, authorize the preparation of detailed final plans and specifications and the advertisement for bids including alternatives with and without directional drilling subject to participation by Dakota County and authorize advertisement for bids Aye: 5 Nay: 0 WETLAND REPLACEMENT PLAN - KENNERICK ADDITION Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve wetland replacement plan for Kennerick Addition. Aye: 5 nay: 0 LOT 2, BLOCK 5, WILDERNESS RUN 4TH ADDITION EASEMENT VACATION City Administrator Hedges discussed this item regarding a public trail easement vacation on Lot 2, Block S, Wilderness Run 4a' Addition. Gary Morgan, applicant, discussed his request for the easement vacation. Councilmember Carlson moved, Councilmember Tilley seconded a motion to open the public hearing. Aye: 5 Nay:O Council. There being no public comment, Mayor Geagan closed the public hearing and turned discussion back to the Councilmember Carlson moved, Councilmember Fields seconded a motion to deny the vacation of the pubic trail easement on Lot 2, Block 5, Wilderness Run 4`s Addition. Aye: 4 Nay: 1 (Tilley opposed) Eagan City Council Meeting Minutes February 18, 2003 Page 6 OLD BUSINESS VARIANCE -RAY MILLER DRAFT City Administrator Hedges introduced this item regarding a variance request to allow a detached garage in the front yard of property located at 785 Golden Meadow Road which was previously before the Council on January 7, 2003. Senior Planner Ridley gave a staff report. . Bobbi and Stuart Pienski, owner of the property, discussed the background of their situation with Ray Miller, developer. They requested the variance be granted but indicated it would not completely solve the issues they are dealing with in regard to the garage. Ray Miller, spoke briefly, requesting approval of the variance. Council held a brief discussion. Councihnember Fields moved, Councilmember Tilley seconded a motion to approve a Variance to allow a detached garage in the front yard of property located at 785 Golden Meadow Road, legally described as Lot 4, Block 1, Sunset 13`s Addition in the NW '/< of Section 25, subject to the following condition: Aye: 4 Nay: 1 (Mayor Geagan opposed) 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. CONTRACT -NORTH FIELDS City Administrator Hedges discussed this item regarding contract for the development of athletic fields at North Fields. Councihnember Carlson moved, Councihnember Tilley seconded a motion to award City Contract No. 03- 08 for the development of athletic fields, with Alternatives 1, 2 and 3, at North Fields to Imperial Development, in accordance with the approved plans and specifications, in the amount of $439,904.00 Aye: 5 Nay: 0 MODIFICATION TO DEVELOPMENT CONTRACT PATRICIA VOGELPOHL City Administrator Hedges introduced this item regarding a request for modification to a development contract for Vogelpohl Addition to exclude the street lighting requirement for Lot 1, Block 1 Vogelpohl Addition. The original application for subdivision was to modify the location of lot lines only and not for physical development of the property. Marilyn Michael was present representing Patricia Vogelpohl. Councilmember Tilley moved, Councihnember Maguire seconded a motion to approve modification to the development contract to postpone the installation of the street light until development occurs on Lot 1, Block 1, Vogelpohl Addition. Aye: 5 Nay: 0 CONTRACT 03-05, JP-47 ALUM STORAGE BASIN IMPROVEMENTS City Administrator Hedges introduced this item regarding JP-47 Alum Storage Basin Improvements. S Eagan City Council Meeting Minutes February 18, 2003 Page 7 DRAFT Parks and Recreation Director Vraa and Water Resources Coordinator MacBeth explained that via a recent permitting process for a similar alum dosing operation in the Twin Cities, consultants have determined that the City will be unable to comply with state standards for dissolved aluminum in JP-47. Councilmember Tilley moved, Councilember seconded a motion to receive the bids for Contract 03-05, JP-47 Alum Storage Basin Improvements), award the contract to Lloyd's Construction Services, Inc., an authorize the Mayor and City Clerk to execute all related documents; or reject the bids for Contract 03-OS (JP-47 Alum Storage Basin Improvements). After discussion, Mayor Geagan and Councilmembers agreed to reject bids for Project 03-05. Councilmember Tilley withdrew the motion to receive bids. Councilmember Tilley moved, Councilmember Maguire seconded a motion to reject bids and cancel Contract 03-05, JP-47 ,. Aye: 5 Nay: 0 NEW BUSINESS INTERIM USE PERMIT -PETER LUND City Administrator Hedges introduced this item regarding a request for an interim use permit to allow outdoor storage of semi-trailers and prefabricated modular buildings on property located southwest of Mike Collins Drive and Borchert Lane. Councilnembers discussed the issue and directed staff to provide further information. Councilmember Carlson moved, Councilmember Fields seconded a motion to continue consideration of an interim use permit to allow outdoor storage of semi-trailers and prefabricated modular buildings on property located southwest of Mike Collins Drive and Borchert Lane to April 1, 2003. Aye: 5 nay: 0 COMMUNITY CENTER UPDATE City Administrator Hedges updated the Council on the Community Center and recommendations of the Operations Committee. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve the recommendation of the Operations Committee to add a mirror, electrical outlet, and vanity table to the women's locker room in lieu of removing the lockers and benches (as previously directed by the City Council at the January 21, 2003 City Council meeting). Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Geagan seconded a motion to remove the Community Center hiring freeze. Aye: 5 Nay: 0 Councilmember Maguire moved, Councilmember Fields seconded a motion to authorize staff to proceed in the hiring of the Community Center Rental Coordinator position. Aye: 5 Nay: 0 LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE Public Works Director Colbert discussed local transportation funding options and legislative opportunities, along with information on funding street construction and maintenance in Minrmesota's cities. (Item L -Consent Agenda) Councilmembers discussed correspondence to the Metropolitan Airports Commission regarding the MSP Noise Oversight Committee, as recommended by the Airport Relations Conunission. 9 Eagan City Council Meeting Minutes February 18, 2003 Page 8 Councihnember Carlson moved, Councilmember Tilley seconded a motion to approve an ARC recommendation regarding correspondence to MAC related to the Minneapolis-St. Paul International Airport Noise Oversight Committee. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA City Administrator Hedges discussed plans for Councihnembers to have portraits made for display in City Hall. It was agreed that the City would own the pictures. City Administrator Hedges discussed the need for a special meeting to review 2003 goals that were discussed at the Council Retreat on February 11 and 12, 2003. Councilmember Fields moved, Councilmember Tilley seconded a motion to set a special goals retreat for March 5, 2003 at 4:00 p.m. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councihnember Tilley moved, Councilmember Carlson seconded a motion to adjourn the meeting at 11:30 p.m. and convened into Executive Session to discuss emergency evacuation and Police Dispatch negotiations. Date Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. /D DRAFT MINUTES OF A LISTENING SESSION OF THE EAGAN CITY COUNCIL FEBRUARY 18, 2003 6:00 P.M. The Eagan City Council held a Listening Session on February 18, 2003 at 6:00 p.m. In attendance were Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. Marilyn Rounds, 3170 Pilot Knob Road discussed the denial of a building permit for sleeping rooms in their home. They stated the issue was currently being litigated. Mayor Geagan explained that Council would be unable to discuss the matter with them due the current litigation. He directed staff to discuss the issue with Mr. and Mrs. Rounds. Council also directed staff to provide them information regarding sleeping room regulations. Paul Ingham of Farmington questioned the status of development requests for the Perron property (Mrs. Ingham is part owner of the property). Council directed staff to meet with Mr. and Mrs. Ingham regarding the Perron property. Margo Danner, representing the Lioness Club presented a picture and information regarding a statue that the Lioness Club is providing to the Community Center. She expressed concern about the statue being located outdoors due to vandalism and requested that the Council give consideration to finding a location for the statute indoors. The meeting adjourned at 6:30. Respectfully submitted, Mira McGarvey Administrative Secretary /Deputy City Clerk // Agenda Information Memo March 4, 2003 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Rental Coordinator/Community Center-- ACTION TO BE CONSIDERED: To approve the hiring of Melissa Wind as the Rental Coordinator at the Community Center. Item 2. 2003 Cascade Bay Seasonal Staff- ACTION TO BE CONSIDERED: To approve the hiring of Julie Mattson, Daniele Hasset, Amanda Kuntz, Elizabeth Luke, Matthew Howard, Allison Tierney, Nicholas Johnson, Kelsey Biagi, Megan Sutliff, Abbigail Broderdorf, Kelly Colbert, Luke Selby, Nathan Dunn, Jenna Schardt, Lisa Bordsen, Lauren Deiman, Metra Farrari, Evan Krueger and Maridyth Lewis as Cascade Bay seasonal staff for 2003. Item 3. Personnel Policy/Definitions- ACTION TO BE CONSIDERED: To approve the definition of "Recurring Employee without Benefits" for the City of Eagan Personnel Policy. FACTS: As the City has grown and employment needs have changed, it is necessary to add a new category of employee to the City's Personnel Policy, as follows: • " `Recurring Employee without Benefits' means an employee in a position, irregardless of the number of hours or weeks worked per year, that has been designated to receive compensation but no benefits." • The majority of these positions are seasonal and/or part-time positions. is Agenda Information Memo March 4 2003 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated February 20, 2003 and February 27, 2003 as presented. ATTACHMENTS: • Check registers dated February 20, 2003 and February 27, 2003 are enclosed without page number. /3 Agenda Memo March 4, 2003 CONSENT AGENDA: D. Tree Contractor License Renewal ACTION TO BE CONSIDERED: Approve 2003 Tree Contractor Renewal for A Top Notch Service, Inc., 5505 N. Highway 169, Plymouth, MN 55442 FACTS: • City staff has reviewed the application and deem it in order for approval /`f Agenda Memo March 4, 2003 CONSENT AGENDA: E. Commercial Fertilizer License Renewal ACTION TO BE CONSIDERED: Approve 2003 Commercial Fertilizer License Renewals for: New Frontier Living Green Lawn Care 2500 W. County Road 42 1310 Laurel Avenue Burnsville, MN St. Paul, MN FACTS: • City staff has reviewed the applications and deem them in order for approval `.~ Agenda Information Memo March 4, 2003, Eagan City Council F. APPROVE CHANGE ORDERS 3 AND 4 WITH PARSONS TECHNOLOGIES FOR WORK AT THE COMMUNITY CENTER ACTION TO BE CONSIDERED: To approve change orders 3 and 4 with Pazsons Technologies for work at the Community Center FACTS: • On September 3, 2002 the City Council approved a contract with Parsons Technologies to provided low voltage voice and data cabling at the Community Center. • In November of 2002 the City Council authorized enhancements to the contract funded through Cable TV franchise fees to provide additional Cable Television capabilities at the Community Center. • Change orders 3 and 4 to the original Pazsons contract in the amounts of $1,767.50 and $973.00 respectively provide for the low voltage wiring to add the additional Cable Television capabilities. ATTACHMENTS: • Enclosed on pages ~ and ~ aze copies of change orders 3 and 4. /6 01/10/2003 04:57 6514302661 ELERT&ASSOCIATES PAGE 02 CONTRACT CHANGE ORDER Techno U radsan0 ditbnsforG ar a an m Canter Ebrt S Atrsocdatea PROJECT E Technology ConrWting Firrn : 140 t3tAtwater, Minnesota 55082 Flt: 851-430.27TZ, Fax 651~t30-266f N.rson: seude twww.ekrt.com o~ TECHNOLOGY CH ANGES BuBd ing (s) New Common Canter Date: December f g. 2002 FOR ELERt USE ONLY Items t t_ocation Change Order No. ~ ~ Irw+f~mn Cortdtlotx ~ ~~ Type of Wo New TNecommunication Outlets ADD Net Amt . =0.00 O ~ ~ ~ ~ Project No. aloes Contract No. oEOUCT cwt IVnt x0.00 CJ P'°~a"' wort aevu>serd ia~ Value Rervatuetion RI n N 7ATEM QUEST N work k skirted, state reason, daU and arson authoAzln ) 1. Provide and install telecommunication outlet "B' in Room 202. See drawin s CO#3/1 for details. Electrical contractor is rovidi 252.50 a ceilin mounted electrical box for this telecommunication outlet. 2. Provide and install telecommunit:alion outlet "B' in Room 218. See drewin s CO#3/2 for details. Electrical contractor is rovidin ~ 252.50 conduit and electrical box for this telecommunication outlet. ~" 3. Provide and install two telecommunication outlets "B`in room #101. One outlet shall be installed in a ceilin mounted electrical box, 505.00 the second outlet at the counter to See drawin s CO#1/3 for details. Elecrical contractor is rovidi conduct and electdcal box for coo outlet and electrical box for ceilin mounted outlet. See drawin s CO#3/3 ror details. 4. Provide and install telecommunication outlet 'B" in Room 157. See drawln s CO#3/4 for details. Electrical contractor is rovldin -252.50 a ceilin mounted electrical box for this telecommunication outlet. 5. Provide and install two telecommunication outlets "B"on North wall of Recevi Cort. See drawin s CO#1/4 for details. Electrical contr 505.00 rovldin conduit and electrical boxes for outside wall mounted telecommunication outlet. con ra angel s a e su le o e same repurremen s as ong na con roc and bond already executed. Famish all labor, materials, tools, sQuipment and trans anon r aired to com late the above noted ham s of work: Total this Chan a Order: :1,767,50 The Original Contract Stan was t: Net Mange by previous grange Orders s The Contract Sum prior to thin Change Order was i The Contract Sum will be inaeesed by this Change Order s The new Contract Sum inducting this Change Order will be i The Contract Time will (will not) be changed The tlata of completion as of the date of this Changs Order therofore is ___ =1,787.60 11,787.60 ~~ Com an Narne Address ContaetName Date roved B A : Elert Associates pp y C k t 14D Third tract o G ' ( otuu an ) tit ter 1'~-~T Felix Fa rah ~ t~ rgna re om n sme A teas n c sme ate d To: A gree C tu+fraetor) ( r na ore om n Nsme ddresa onbet sme a A i d B : th y u or ze (Owner) na ore roan her updaHdon nrw. za, 2n00 /~ 01/10/2003 04:57 6514302661 ELERT&ASSOCIATES PAGE 03 C NTRACT CHANGE ORDER eehnob Wile and UddHiona for or fa n CommunM linter Elert 8 Aasociates ttalt= cr: Technology Consulting Firm _ 140 StNlwater, Minnesota 55082 Ph' 651-430-2772, Fax 651 X30-2f361 Parwn. t7.etrie - www.alerLeom ~ ECHNOLOGY CH GES Building (s) New Communi Center paw: Qeoamber 20. 2002 FOR ELER SE ONLY tterr>s t Location Change Order No. ~ ~ Untaneen Condlaorts ~ ~ time Type of W New Telecommunication Outlets ADO Net Am't . 50.00 ~ ar1° SaoPe Qa"~ ^ Mapr SoOPa Chnpes Project No. at Contract No. nEnueT N.r Arn't 50.00 ROB"" work ~"~ Value Reevauadon 1 O U E DU (K work is started, state reason, date end eon authortrJn i. Provide and install two telecommunication outlets "B'on the outside wall of the GYM. See drawin s COt14 for details. Eledriul contra 505.00 rovidin conduit and electrical boxes for outside wall mounted lelecommunfcation outlet. Use OSP rated coaxial RG-6 cable U ha a for OSP rated RG~ cable 188.00 U ha a tot outdoor hand hole work at 2 hand holes 300.00 con a c anges c a a su e o e same rnq remen c as e o me ra and bond already executed. Furnish aN labor, materials, toils, equlpmertt and trans aUon r wired to corn late the above noted item s of work: Totes this Chan • Order: :973.00 The original Contrail Sum was S Net lunge by previous Change Orders ~ The Contract Sum prbr to this Change Order was = The Contract Sum wit tx lncroased by this Change Order i The new Contract Sum Inducting this Change Order wAi be i The Contrail Tfine t'vil! (will not) be changed The date of completion ae of the data of this Change Order thareiore is i97~.00 $g77.00 Corn an Name Addrssa Conhct Name Date roved B : A art soclates y pp (Conauttant j 140 h r treat o tigwatar N 8 ~~~ Felx Fa rub ~~nf tgna ure m n erne reaa ntac erne are A a,d T : pra o na ure m an ems A rest ntaet ems a e i d B A th or y: u ze (Owrwr) gne ure lhrm lea! updated on hbv. S sr:. /8 Agenda Information Memo March 4, 2003 Eagan City Council Meeting CONSENT AGENDA G. EXPANDING BURNSVILLE EAGAN RECYCLING PROGRAM TO INCLUDE APPLE VALLEY ACTIONS TO BE CONSIDERED: • Approve the addition of Apple Valley to the Burnsville Eagan Recycling Program and request the City Attorney execute a Joint Powers Agreement between the three cities. • Direct that the Joint Powers Agreement be placed on a subsequent City Council agenda for approval and forwarding of the final approved agreement to Dakota County. FACTS: • The Cities of Eagan, Burnsville and Apple Valley already have a history of working together on recycling projects • In March of 2000, the city of Eagan and Burnsville formally combined their recycling programs for efficiencies and economies not possible on their own • Because of similarities between the three cities, further efficiency and cost savings can be realized by combining with Apple Valley, as the attached proposal and budget makes clear • Currently the City of Eagan contributes $10,759 to the program, leveraged by a matching investment by Burnsville in addition to funding provided by Dakota County. • Director Garrison, having reviewed the specifics of the proposal with Environmental Specialist Sue Bast, reports the following advantages of the proposal: 1. A reduction in the cost to Eagan of $5,000 (reduced contribution Eagan would make); 2. Increased grant possibilities because grants would affect environmental practices in 3 cities (vs. single applicant cities); 3. No adverse affect in personnel assigned to Eagan (still half-time). • The only downside is additional workload for the staff, but Sue Bast reports that with Apple Valley helping to fund an additional half-time person, any adverse impacts should be minimal and not affect service delivery to the residents of Eagan. • The start date for the new three-city program will not take place until Dakota County formally authorizes grant dollars. Staff recommends approval. ATTACHMENTS: • A cover letter from Environmental Specialist Sue Bast, a copy of the proposal to include Apple Valley and proposed program budget are attached on pages~jof your packet. /9 Tom Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 January 14, 2003 Dear Tom Hedges The enclosed document is a proposal for combining the Recycling Programs of Eagan, Burnsville, and Apple Valley. Please review the proposal and respond to me with any concerns, comments, and/or revisions. If the proposal is agreeable to all three cities, we will move forward by: 1. Requesting that our City Attorney execute a Joint Powers Agreement between the three cities based upon the proposal. 2. Placing the Joint Powers Agreement on each of the City Council Agenda's for approval. 3. Forwarding the approved Joint Powers Agreement to Dakota County. Dakota County has been appraised of the proposed Recycling Program merger and tentatively approves of our plan. However, the start date for the new Burnsville, Eagan, Apple Valley Recycling Program will not take place until Dakota County formally authorizes the funding mechanism for grant dollars (City of Bumsville as the fiscal agent for the recycling grants). Please let me know if you would like to schedule a meeting to discuss this proposal. I can be reached at 952-895-4524 or basts(a~ci.burnsville.mn.us. Thank you for your support on this project. We are excited about the prospect of beginning this new venture. Sincerely, Sue Bast Environmental Specialist Cities of Burnsville and Eagan Cc: Tom Garrison ~O Recycling Program Proposal For Incorporating the Cities of Burnsville, Eagan, and Apple Valley Background The Cities of Burnsville, Eagan, and Apple Valley have a history of working together on recycling projects. The cities combined for reasons of efficiency and economy. A few of the projects that the cities worked together on are as follows: 1. ,The ARROW Program. A grant was received from Dakota County to develop a program to reward businesses for making environmental choices such as recycling, reducing their waste, and buying recycled-content products. 2. Evaluation of the Recycling Program. A survey was developed that went out to the garbage haulers to evaluate the recycling program. 3. Multi-Family Recycling. A multi- family campaign was developed with educational pieces that included posters, door hangers, and brochures. In March of 2000, the City of Burnsville and the City of Eagan formally combined their recycling programs for the same efficiencies and economies that worked in the above projects. The combined Recycling Program benefits from: • Economies of scale for printing projects, • Developing and maintaining one recycling website for both cities, • One person representing both cities attends the required county meetings, • One person trained to answer recycling/disposal questions, • More consistency in recycling/disposal information from city to city, • One grant application to the Dakota County, • One Annual Report to Dakota County. Proposal for the Burnsville, Eagan, Apple Valley Recycling Pro~am Because of the similarities of the three cities, efficiency, and economic advantages, we are proposing that Burnsville, Eagan, and Apple Valley combine their Recycling Programs. City of Burnsville would be the fiscal agent for the grant money from Dakota County. The Environmental Specialist in charge of the Recycling Program will be housed in the Burnsville Maintenance Facility. The Burnsville Director of Natural Resources will supervise the Environmental Specialist with input from designated supervisory contacts in Eagan and Apple Valley. Eagan and Apple Valley will have a recycling person on-site for 1 to 2 days per week for city staff to contact on recycling issues. Each month a Recycling Update will be sent to the supervisory contact in Eagan and Apple Valley summarizing the previous month's recycling activities. Basic Services for all three cities • Distribute recycling/disposal information to each household • Actively participate and contribute to monthly Local Solid Waste Staff Meetings. • Evaluate effectiveness of community activities (survey in 2004) • Support and promote Dakota County's integrated solid waste management program (promote Eco-Site, compost bin distribution, Green Guide, etc ) • Make presentations (schools, community groups, Eco-Site tours for scouts) ai • Work with Multi-family buildings to reduce contamination of recycling materials. • Work with city staff to reduce waste and increase environmentally preferable purchases • Ensure that recycling programs are established for city facilities. • Apply for the annual grant from Dakota County • Produce the annual Report to Dakota County • Promote the ARROW Program (Awards for Reduction and Recycling of Waste for Businesses) • ~ Answer phone/email inquiries regarding recycling/disposal. Additional Basic Services for the City of Burnsville • Licensing haulers. • Coordinate Fall HHW Collection. • Coordinate Spring Electronics and Appliance Collection. Enhanced Services Currently, the cities of Burnsville and Eagan each contribute $10,759 per year to the recycling program above and beyond the funding from Dakota County. Under this proposal the City of Eagan contribution would be reduced to $5000, which would be earmarked for the enhanced services highlighted below. The City of Burnsville's supplemental contribution would remain at $10,759. These funds would be utilized to offset the costs of the additional basic services Burnsville receives, as well as, the enhanced services noted below. In Eagan: • Large purchases of recycling bins for the new community center or other park buildings • Paying for the difference between traditional park equipment/decks/etc. and structures made from recycled-content material, • Signage for recycled-content structures or other recycling signage. • Matching funds for grants specific to Eagan. • Other significant expenditures for recycling that are specific to Eagan. In Burnsville • Large purchases of recycling bins for park buildings • Paying for the difference between traditional park equipment/decks/etc. and structures made from recycled-content material. • Signage for recycled-content structures or other recycling signage. • Matching funds for grants specific to Burnsville. • Other significant expenditures for recycling that are specific to Burnsville. In Apple Valley • This would be an option if so desired. Note: Expenditures for enhanced services are tracked for each community and billed at years end. Only expenses incurred are invoiced as Proposed Budget Funds received County Grants for Basic Services: Burnsville ......................................................................................$43,007 Eagan ......................................................................................... ..$43,358 Apple Valley ................................................................................ ..$32,003 Additional Basic Services for Burnsville ............................................... ...$ 5,759 Total....... $124,127 Additional Money provided by: Burnsville ................................................................................... $ 5,000 Eagan ......................................................................................... .$ 5,000 Total Funds Received......... $134,127 Expenditures Newsletter • Design, printing, and postage ..........................................................$15,487 Advertisements • ARROW, Earth Day, Phone Books ....................................................$ 2,500 Supplies • For school presentations, tree sale, open house, P2 Week, etc ................... ...$ 2,635 Enhanced Services • Eagan ........................................................................................$ 5,000 • Burnsville ...................................................................................$5,000 Mileage ..........................................................................................$1,500 Training!Memberships ........................................................................ $2,500 Salaries • Full time Specialist (Sue Bast), % Environmental Technician (Tara Roffler), Permanent'/2 time (to be hired) .........................................................$99,505 Expenditure Total $134,127 ~3 Agenda Information Memo March 4, 2003 Eagan City Council Meeting H. CONTRACT 03-02, LEXINGTON PLACE/ DREXEL HEIGHTS ADDITIONS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Option 1. Receive the bids for Contract 03-02 (Lexington Place/ Drexel Heights Additions - Street Improvements), award the contract to Bituminous Roadways, Inc., for the base bid in the amount of $274,451, and authorize the Mayor and City Clerk to execute all related documents; OR Option 2. Receive the bids for Contract 04-02 (Lexington Place/Drexel Hieghts additions -Street Improvements) and continue consideration of contract award to March 18, 2003 and direct staff to notify the affected property owners of the potential increase in special assessments. FACTS: • The bituminous overlay of the streets in the Lexington Place, Lexington Place South and Drexel Heights Additions neighborhood is programmed for 2003 in the City's 5- Year Capital Improvement Program (2003-2007). • On December 2, 2002, the City Council authorized the street improvements for the Lexington Place and Lexington Place South Additions (Project 875}, and the Drexel Heights Addition (Project 876). • These projects have been combined under one contract (Contract 03-02), to increase economies of scale. On February 4, 2003, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 03-02. • At 10:30 a.m. on February 27, formal bids were received for this project. A copy of the bid tabulation is enclosed. The bids received were very competitive with a relatively large number (8) of contractors submitting bids for a project of this size. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low base bid from $274,451 has been reviewed by the Engineering Division and found to be in order for favorable Council action. ay ISSUES: • The bid prices for the assessable portions of the construction costs (i.e. bituminous street overlay) are approximately 13% over the estimated costs contained in the ' feasibility report presented to the City Council at the public hearings. • These higher bid prices are mainly due to bituminous overlay mixture prices increasing beyond the City's projections. Discussions with contractors indicate that these prices have increased mainly due to the price of petroleum products (a main component of bituminous mixtures) largely related to the activities and uncertainties in the Middle East. • According to past policy, if the bids received result in an increase of assessable cost of 10% or more than the estimate contained in the feasibility report, the City would notify the affected property owners accordingly and revisit consideration of the project. • The estimated change in assessments for each of the projects, based on the bids received, are as follows: Lexington Place/ South: Single-Family Lot $383 to $433/ lot (+13.1 %) High Density Res. $170 to 192/ lot (+12.9%) Drexel Heights Single Family Lot $789 to $882/lot (+l 1.8%) • At the respective public hearings, Proj 875 (Lex. Adds) had 4 of 384 properties (1%) attend with no comments. Proj 876 (Drexel) had 5 of 29 properties (17%) present with one owner questioning the need of the project. ATTACHMENTS: • Bid & Estimated Assessment Comparison, page. as BID & ESTIMATED ASSESSMENT SUMMARY Lexington Place/ Lexington Place South Additions -City Project No. 875 Drexel Heights Addition -City Project No. 876 Street Improvements City Contract No. 03-02 Bids Received Bid Date: Thursday, February 27, 2002 Bid Time: 10:30 a.m. Contractors Total Base Bid 1) Bituminous Roadways, Inc $ 274,451.00 2) McNamara Contracting, Inc. $ 278,775.00 3) Bituminous Materials, LLC $ 283,188.90 4) Valley Paving, Inc. $ 285,030.07 5) Frattalone Paving, Inc $ 287,467.15 6) Hardrives, Inc $ 288,562.70 7) Ace Blacktop, Inc. $ 291,211.05 8) Valley Paving, Inc. $ 300,133.65 Const.Cost Feasibility % Bid Engineers % Bid Low Bid Re ort Est.(FR Over F.R Est. E Over E.E. 875 Lexin ton Place South $219,431 $ 219,765 O.OOI% $ 205,560 6.3% 876 Drexel Hei hts Addition $55,020 $53,095 3.5% $ 48,810 11.2% Estimated Assessments Lexington Place So. (Project 875) Assessable Cost Est. Single Fam Assessment Est. High Density Res. Assmt Bit. Overlay % over FR % over FR Feasibilit Re ort $130,780 $383 $170 Based on Bids Rcvd $147,786 $433 (+13.1%) $192 (+12.9%) Drexel Heights Assessable Est. Single Fam (Project 876) Cost Assessment it. Overla % over FR Feasibilit Re ort $35,225 $789 Based on Bids Rcvd $39,370 $882 +11.8% G:/1G/MJSC/03/03-02 Bid Rec 3-04-03 Agenda Agenda Information Memo March 4, 2003 Eagan City Council Meeting I. CONTRACT 03-10. SELMARK/ HARVEY/ BURRVIEW ADDITIONS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the bids for Contract 03-10 (Selmark/ Harvey/ Burrview Additions -Street Improvements), award the contract to Bituminous Roadways, Inc., for the base bid in the amount of $224,721.25, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The bituminous resurfacing of the streets in the Selmarkl Harvey/ Burrview Additions neighborhood is programmed for 2003 in the City's 5-Year Capital Improvement Program (2003-2007). • On December 2, 2002, the City Council authorized the street improvements for the Selmark/ Harvey/ Burrview Additions (Project 764R). • On February 4, 2003, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 03-10. • At 10:30 a.m. on February 27, formal bids were received for this project. A copy of the bid tabulation is enclosed. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low base bid from Bituminous Roadways, Inc. has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Bid Summary, page. a~ BID SUMMARY Selmark/ Harvey/ Burrview Additions -City Project No. 764R Street Improvements City Contract No. 03-10 Bids Received Bid Date: Thursday, February 27, 2002 Bid Time: 10:30 a.m. Contractors Total Base Bid 1) Bituminous Roadways, Inc $ 224,721.25 2) McNamara Contracting, Inc. $ 235,426.25 3) Northwest Asphalt, Inc. $ 241,230.75 4) Bituminous Materials, LLC $ 246,752.50 S) Ace Blacktop, Inc. $ 251,591.15 6) Valley Paving, Inc. $ 257,460.50 7) Hardrives, Inc $ 259,619.00 8) Frattalone Paving, Inc $ 262,491.50 9) Midwest Asphalt Corp. $ 269,782.75 Low Bid Feasibility % Under Engineers % Under Re ort Est. Estimate 764R Selmark/ Harve /Burr $224,721.25 $268,296 16.2% $ 235,000 4.4% G:/JG/MISC/03/03-10 Bid Rec 3-04-03 Agenda as Agenda Information Memo March 4, 2003 J. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PHASE II PERMIT APPLICATION ACTION TO BE CONSIDERED: Approve a resolution authorizing the submittal of a Municipal Separated Storm Sewer System (MS4) permit application to the Minnesota Pollution Control Agency (MPCA) under the National Pollutant Discharge Elimination System (NPDES) Program and the execution of all related documents by the Mayor or City Clerk. FACTS: • The City of Eagan is included in a group of municipalities that are federally required to obtain a MS4 permit for storm water managed within the city's jurisdiction. This requirement is part of the new Federal Phase II storm water regulations issued by the U.S. Environmental Protection Agency (EPA). • The regulations address pollution abatement for surface waters of the state. The MPCA is the delegated authority for the permitting program within the State of Minnesota. • By Federal rule, a permit application must be submitted to the MPCA for mandatory MS4s by March 10, 2003. All of the City of Eagan is located within an Urbanized Area and is a mandated MS4. • An application packet for the City of Eagan has been prepared including a Storm Water Pollution Prevention Plan (SWPPP). City staff has detailed, with the guidance of the League of Minnesota Cities (LMC) Guide Plan, the duties, best management practices (BMP) and responsibilities of the City of Eagan that address the pollution abatement efforts required to meet the permit's Maximum Extent Practicable (MEP) standard. • The City of Eagan is a recognized leader in the state regarding the protection of the quality of the water within its borders. Nearly all of the efforts required by the permit are currently being completed by City of Eagan staff or other cooperating agencies. New permit responsibilities will include public information meetings and possible additions to the City ordinance. • As previously stated, the City of Eagan is currently completing nearly all of the permit requirements and should not notice a financial impact associated with the new permit. The new responsibilities will be addressed by current staff and .will not require any capital expenditures. There may be slight impacts to divisional budgets due to printing costs. • City staff has thoroughly reviewed the requirements of this new permit application and has expended a great deal of effort to prepare the application packet, including following the LMC guidance and communicating with other municipalities, and finds it in order for favorable Council action. ~9 Agenda Information Memo March 4, 2003 Eagan City Council Meeting K. BORCHERT LANE STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Authorize the preparation of a feasibility report by the City Engineer for Project 884 (Borchert Lane -Street & Utility Improvements). FACTS: • On November 5, 2002, City Engineering staff received a request from the Parks Department requesting an investigation of the costs associated with upgrading to City standards the unimproved portion of Borchert Lane from Mike Collins Drive to the planned "North Fields" property in northeast Eagan. • Borchert Lane is currently a 700' long rural section gravel roadway within public right-of--way that is minimally maintained by City crews. • With the pending improvements to the North Fields property in 2003, it would be appropriate for the City Council to authorize the preparation of a Feasibility Report to determine the scope, cost, schedule, and method of financing for the construction of these public improvements. 30 Agenda Information Memo March 4, 2003 Eagan City Council Meeting L. LEGISLATIVE SUPPORT FOR LOCAL STREET FUNDING OPTIONS ACTION TO BE CONSIDERED: Approve a Resolution supporting legislation to provide improved funding options to local authorities for city street improvements, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • As a statutory City, the City of Eagan derives all of its authority from the State Legislature. As such, there are currently limited options available for financing the necessary construction and maintenance improvements to our local transportation system. • The League of Minnesota Cities (LMC), City Engineers Assoc. of Minn (CEAM) and the Minn. Public Works Assn. (MPWA) recently co-sponsored the development of a report entitled Funding Street Construction and Maintenance in Minnesota's Cities which includes an inventory of the street system within the State. It also details and evaluates the existing funding systems and makes recommendations to help address the funding shortfalls for local communities. • The findings and recommendations of this report were presented to the City Council and discussed at the February 18 meeting. The Council directed staff to prepare a resolution of support for the recommendations contained in the report. ATTACHMENTS: • Resolution of Support, page 3/ RESOLUTION # A RESOLUTION SUPPORTING LEGISLATION TO PROVIDE IMPROVED FUNDING OPTIONS FOR CITY STREET IMPROVEMENTS WHEREAS, Minnesota contains over 135,000 miles of roadway, and over 19,000 miles (14 percent) are owned and maintained by Minnesota's 853 cities; and WHEREAS, local city streets are a separate but integral piece of the network of roads supporting movement of people and goods; and WHEREAS, existing funding mechanisms, such as Municipal State Aid (MSA), property taxes, special assessrzlents and bonding, have limited applications, leaving cities under-equipped to address growing needs. WHEREAS, maintenance costs increase considerably as road systems age, and few cities have sufficient funds to cover the costs of required maintenance and capital improvements to maintain a 50-year lifecycle; and WHEREAS, the Council of the City of Eagan Minnesota finds it is difficult to develop adequate funding systems to support the City's needed street improvement and maintenance programs while complying with existing State statutes; and WHEREAS, the League of Minnesota Cities, the Minnesota Public Works Association and the City Engineers Association of Minnesota, have jointly sponsored the development of a report entitled Funding Street Construction and Maintenance in Minnesota's Cities wherein (1) the street systems of the cities within the State are inventoried; (2) the existing funding systems are detailed and evaluated; and (3) recommendations are made; and WHEREAS, cities need flexible policies and greater resources in order to meet growing demands for street improvements and maintenance. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF Eagan, Minnesota that this Council concurs with the findings of the above referenced report, and fully supports the recommendations contained in that report; and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF Eagan, Minnesota that this Council supports the adoption of legislation that would provide cities with the policy options they need to address current and future challenges in providing adequate street improvement and maintenance programs. ADOPTED by the Eagan, Minnesota City Council this 4th day of March, 2003. CITY OF EAGAN CITY COUNCIL By: Its Mayor: Pat Geagan Attest: Its City Clerk: Maria Karels CERTIFICATION I, Maria Karels, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution as duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 4`h day of March, 2003. City Clerk 3.2 Agenda Information Memo March 4, 2003 M. PROJECT 886, LONE OAK ROAD -UPGRADE TH 55/TH 149 TO INVER GROVE HEIGHTS ACTION TO BE CONSIDERED: Authorize the preparation of a feasibility report for Project 886 (Lone Oak Road Upgrade -Street and Utility Improvements). FACTS • On November 19, 2002, the City Council amended the City's 5-Year Capital Improvement Program (CIP) (2003-2007) by rescheduling the programming of the upgrade of Lone Oak Road to a 4-lane divided street with trails for 2004. The construction of said street improvements would include the installation of trunk water main and storm sewer. • The segment of Lone Oak Road (County State Aid Highway 26) proposed to be improved is located between Trunk Highways 55 & 149 and the corporate boundary with Inver Grove Heights. • The rescheduling of this upgrade by the City of Eagan corresponds with Dakota County's programming of the upgrade of Lone Oak Road in their 2003-2007 CIl'. • Based on the City's and County's CIP schedules, it would be appropriate for the City Council to authorize the preparation of a Feasibility Report by the City Engineer to define the scope, cost, schedule and method of financing the upgrade of this County Road and the related utilities. In order to meet the projected 2004 construction schedule, the City's public hearing process must be completed by this summer to allow the lengthy right of way and easement acquisition to begin. Dakota County will be the lead agency for this public improvement. 33 Agenda Information Memo March 4, 2003 N. YANKEE DOODLE ROAD NO PARKING ACTION TO BE CONSIDERED: Approve a resolution to prohibit parking on Yankee Doodle Road between Trunk Highway 149 and the Inver Grove Heights border and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan has approved the new construction of street and utility improvements on the extension of Yankee Doodle Road (Project 776) as a 4-lane divided urban roadway between Trunk Highway 149 and the eastern most city limits. • It is desirable for the City to obtain the use of Municipal State Aid funding to reimburse the construction costs of the proposed new street construction. • The proposed design of the extension of Yankee Doodle Road meets the State Aid standards for an A Minor Arterial (Expander) without on-street parking. • Minnesota Rules Chapter 8820 (State Aid standards) requires the prohibition of parking on all State Aid designated roadways where parking lanes are not provided. ATTACHMENTS: • Resolution, page 3~ 3~ CITY OF EAGAN A RESOLUTION RELATING TO PARKING RESTRICTIONS ON YANKEE DOODLE ROAD THIS RESOLUTION, passed this 4th day of March, 2003, by the City of Eagan in Dakota County, Minnesota. The Municipal corporation shall hereinafter be called the "City", WITNESSETH: WHEREAS, the "City" and Dakota County Highway Department have planned the improvement of Yankee Doodle Road from Trunk Highway 149 to the Inver Grove Heights border in the City of Eagan, Minnesota; and WHEREAS, the "City" will be expending Municipal State Aid Funds on the planned improvement of Yankee Doodle Road; and WHEREAS, this planned improvement does not provide adequate width for parking on both sides of the street; and approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions. NOW, THEREFORE, IT IS HEREBY RESOLVED that the "City" shall ban the parking of motor vehicles on Yankee Doodle Road from Trunk Highway 149 to the Inver Grove Heights border at all times. DATED this 4th day of March, 2003. Patrick Geagan, Mayor ATTEST: Maria Karels, City Clerk CERTIFICATION State of Minnesota County of Dakota City of Eagan I hereby certify that the foregoing Resolution is a true and correct copy of a Resolution presented to and adopted by the City Council of Eagan at a duly authorized meeting thereof held in the City of Eagan, Minnesota, on the 4th day of March, 2003, as disclosed by the records of said City in my possession. Maria Karels, City Clerk 3~ Agenda Information Memo March 4, 2003 Eagan City Council Meeting O. CONTRACT 02-15A, COMMUNITY CENTER STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 02-15A (Community Center -Storm Sewer Improvements) in the amount of $1,570.78 to Nova Frost, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 02-15A provided for the construction of the storm sewer system within the Community Center site and parking lot, as authorized by the City Council March 6, 2001 with approval of the Central Park Master Plan. • The work has been completed, inspected by representatives of the Public Works Department and found to be in compliance with the approved plans and specifications, and is in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. 36 Agenda Information Memo March 4, 2003 Eagan City Council Meeting P. CONTRACT 02-15B, COMMUNITY CENTER SITE IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 3 to Contract 02-15B (Community Center Site Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 02-15B provides for various improvements within the Community Center site, including parking Iot, trail, ponding, and landscaping construction, as authorized by the City Council March 6, 2001 with approval of the Central Park Master Plan. • This change order provides for the following items: Part 1. Installation of additional storm sewer pipe to drain a low point on Community Center Drive (ADD $ 3,190) Part 2. Installation of protective fencing over the retaining walls along the south side of the Community Center building (ADD $2,520) Part 3. Subgrade excavation and correction for the pondside retaining wall (ADD $4,622 ) Part 4. Adjust two fire hydrants to match revised parking lot grades (ADD $953) • The cost of the work is consistent with bid prices for relevant bid items on other projects within the City of Eagan. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • This change order provides for a total ADD of $11,285 (0.49%) to the original contract. The cost of the additional work under the change order will be the responsibility of the allocated funds for the Central Park site. 37 Agenda Information Memo March 4, 2003 Q. PROJECT 800R, CEDAR GROVE ACCESS RECONFIGURATION EASEMENT AGREEMENT ACTION TO BE CONSIDERED: Approve the Easement Agreement for Project 800R (Cedar Grove Access Reconfiguration -Street and Utility Improvements) with the owner of Parcel 10- 68100-010-01 (Silver Bell Center - 1985 Silver Bell Road) and authorize the Mayor and City Clerk fo execute all related documents. FACTS: • Project 800R provides for the modification of the intersection of Silver Bell Road and Cedar Grove Parkway (formerly Beau D'Rue Drive) as outlined and discussed in the feasibility report, as well as modifying associated business accesses. The project also includes the installation of trails along the reconfigured streets. • On April 2, 2002, the City Council approved Project 800R, including the acquisition of all necessary easements. • The reconfiguration of the intersection required the acquisition of numerous permanent and temporary easements by the City of Eagan from the adjacent properties, including the Silver Bell Center property. • Cost estimates were obtained for all required easements. The estimated value of the easement for said property is $514.50. Staff has suggested an offer in this amount to the property owners. The property owners have consented to this offer. • An agreement between the City of Eagan and the owner of the property known as Lot 1, Block 1, Silver Bell Center Addition has been prepared providing for the payment of the acquisition of the necessary easement. • This agreement has been prepared and reviewed by the City Attorney's office and the Public Works/Engineering staff have found it to be in order for favorable Council action. It has been approved and executed by the appropriate officers of the property's ownership. ISSUES: • If the City Council would desire to discuss this item, it would be appropriate to withhold discussion until the Executive Session. 38 Agenda Information Memo March 4, 2003 CONSENT AGENDA: R. APPROVE the Community Center operating policies per the recommendation of the Operations Committee. ACTION TO BE CONSIDERED: To approve the Community Center operating policies per the recommendation of the Operations Committee. FACTS: • The Operations Committee and staff have reviewed and discussed the Community Center operating policies at numerous committee meetings. • The policies being presented have been revised since the last Operations Committee meeting to include the recommendations of the City Attorney. • The Operations Committee recognized that the policies being presented to the Council will not encompass all of the policies at the Community Center, as the need for more policies will become apparent once the Community Center is operational. • The bandshell policy is currently being revised per the recommendations of the City Attorney and will be presented for the Council's consideration on March 18. ATTACHMENTS: Attached without page number are the Community Center operating policies to be considered by the City Council. .~ 9 Agenda Information Memo March 4, 2003 CONSENT AGENDA: S. APPROVE Community Center fees, booking recommendations, and scheduling priorities per the recommendation of the Operations Committee ACTION TO BE CONSIDERED: To approve the Community Center fees, booking recommendations, and scheduling priorities per the recommendation of the Operations Committee. FACTS: • The Operations Committee and staff have reviewed and discussed the Community Center fees at numerous committee meetings. • The fees being presented have been revised since the last Operations Committee meeting per the direction of the committee to have staff include recommendations, based on additional research, in the areas of meeting room fees and gymnasium rates. • The Operations Committee requested that staff look at establishing an 8 a.m-5 p.m. meeting room rate to address corporate rentals. • It is staff's recommendation that a separate 8 a.m.-5 p.m. rate not be established for the following reasons: o The recommended rates for "for-profits and non-residents" would be used during all normally scheduled building hours. These rates would apply when they are renting meeting rooms only (not in addition to the banquet room). This fee would essentially serve as the 8-5 rate for corporations. • It is staff's recommendation to give renters that are renting the banquet room a discount when renting additional meeting rooms. The rational behind this is to encourage use for break out sessions, rent more space, reduce staff costs by reducing set-up and take-down when groups may attempt to avoid renting additional rooms to keep fees low, and rent the areas at a reasonable comparable rate (i.e.: rates should not be above the established banquet room rate). o Example: A corporation can currently rent the entire banquet room for $600, or one of the three rooms for $200 (Sunday -Thursday; 8 a.m. - 11:00 p.m.). With the current recommendation, all three of the meeting rooms would cost $133.13 to add onto their package. Since the meeting rooms are smaller than the individual banquet rooms, it is staff's recommendation that the fees remain lower than the banquet room rates. • The committee requested that the proposed fees be reviewed annually. • Also included in the fees are the committee's recommendation as to booking and scheduling priorities for the Community Center rooms and facilities. ATTACHMENTS: Attached without page number is the proposed fee schedule for the Community Center, which includes booking recommendations and suggested scheduling priorities. ~v Agenda Information Memo March 4, 2003 T. APPROVE ON-SALE BEER LICENSE HUNAN GARDEN ACTION TO BE CONSIDERED: To approve the On-Sale Beer license for Hunan Eagan Buffet, Inc., dba Hunan Garden, 1304 Town Centre Drive. FACTS: • At the February 18 City Council meeting, an On-Sale and Sunday Wine license was approved for Hunan Eagan Buffet, Inc. The applicant and officer of the corporation, Linh Duong, has submitted an application for an On-Sale Beer license. • The required documents have been reviewed and deemed in order by City staff. • The Police Department has conducted an investigation on the principal and does not find any reason to deny the applicant the On-Sale Beer license. ATTACHMENTS: • Application enclosed without page number. ~f/ Agenda Information Memo March 4, 2003 Eagan City Council Meeting U. APPROVE CHANGE ORDER #4- Pavilion/Wellhouse ACTION TO BE CONSIDERED: Approve Change Order #4 for the Central Park Pavilion/ Wellhouse #20 for a deduct of $1,000.00 FACTS: • Change Order #4 covers the conversion of the heating source from its temporary propane method to natural gas. • This change order deducts $1,000 from the total contract sum (including prior change orders). • This change order allows the closeout of this portion of the Pavilion/ Wellhouse #20 contract. Ori final contract sum $455,614 Net Chan e b reviousl authorized Chan a Orders $14,512 Ull/1'UC'1 ~~l//11 lIIC/1/C//Il~~' ~ /7C117r;C ~~l'C/C7'.1' ~~)/7U7' 1(> l/1/.1' 1"c( 11~'Sl) ~-~ O, ~„ Contract sum b this Chan a Order will be $(1,000) New Contract Sum, includin this chan a order will be $469,122 ATTACHMENTS: • None ~~ Agenda Information Memo March 4, 2003 Eagan City Council Meeting V. PROJECT 868. COACHMAN RD. WATER TREATMENT PLANT ACTION TO BE CONSIDERED: Authorize the use of engineering services from Encompass Inc. for Project 868 (Coachman Water Treatment Plant - Expansion/Modification). FACTS: • Project 868 provides for the 10 million gallon per day (MGD) expansion and modification of the existing water treatment facility located on Coachman Rd. south of Yankee Doodle Rd. The project incorporates the extensive use of masonry construction with multiple level flat roof designs. • Encompass Inc. is an engineering firm that specializes in forensic analysis and quality assurance/quality control (QA/QC) for complex masonry structures. The City previously retained the services of this firm and its forensic analysis expertise which were instrumental in the recovery of approx. $600,000 in repair costs associated with the Cliff Rd. Water Treatment Facility. • Encompass Inc. has been used extensively by other governmental agencies to provide up front QA/QC plan review and critical point inspections during construction for similar type structures. • The Public Works Director would similarly like to retain Encompass Inc. to perform these types of services on an as needed time and material basis as determined by the Project team. It is estimated that the QA/QC plan review would run approx. $8,000 and periodic critical point inspections during construction another $15-20,000. Staff believes that incorporating these services into this $17 million project will significantly reduce the potential for future problems and related claims against the contractor and/or Project engineer. ~f3 Agenda Information Memo March 4, 2003, Eagan City Council Meeting V. PUBLIC HEARINGS A. VARIANCE TO REQUIRED 30 FOOT SETBACK FROM THE PUBLIC RIGHT- OF-WAY AT 4705 STRATFORD LANE (Michelle and Jeff Moe) ACTIONS TO BE CONSIDERED: To approve a 12 foot variance to the 30 foot required setback from the public right-of--way for a garage addition at 4705 Stratford Lane; subject to the conditions suggested in the staff report. FACTS: • The applicant's property is located at the corner of Bristol Boulevard and Stratford Lane. • The house currently has an attached two car garage, granting the variance would allow for a third stall. • The garage addition does not appear to affect the clear view triangle or obstruct traffic visibility. • A variance would position the garage 18 feet from the south property line and 32 feet from the curb along Bristol Boulevard. • Three stall garages are common throughout the neighborhood, detached garages are not. • The position and layout of the house on the lot will not allow for an attached garage addition to comply with the R-1 setback requirements. ATTACHMENTS (1): Planning staff report, pages~to ~~ PLANNING REPORT CITY OF EAGAN REPORT DATE: February 24, 2003 APPLICANT: Michelle & Jeff Moe PROPERTY OWNER: Same REQUEST: Variance LOCATION: 4705 Stratford Lane CASE: 36-VA-OZ-02-03 HEARING DATE: March 4, 2003 APPLICATION DATE: February 11, 2003 PREPARED BY: Sheila O'Bryan COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a variance of 12 feet to the required 30 foot setback from the public right-of--way for a garage addition, located at 4705 Stratford Lane. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3 states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, 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 owners of property have 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. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. ~5 Planning Report -Jeff and Michelle Moe March 4, 2003 Page 2 e. The variance requested is the minimum variance which would alleviate the hardship. f. 'The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS Section 11.60 Subdivision SE requires a 30 foot setback from a public right-of--way. BACKGROUND/HISTORY The subject property is in the Weston Hills Second Addition development and is located at the comer of Stratford Lane and Bristol Boulevard. The applicant's single family house with an attached two stall garage was built in 1993. EXISTING CONDITIONS There is a 1,460 square foot single family dwelling with an attached 440 square foot garage present on the applicant's property. The R-1, Single Family Residential zoning districts there is a maximum allowable building coverage of 20%. The applicant's dwelling and garage occupy 11 % of the lot. The addition of the third stall to the garage would increase the coverage by only about 1 %, still under the maximum. The house is facing east (Stratford Lane) and is set back 30 feet from both the front/east property line (Stratford Lane) and the side/south property line (Bristol Boulevard). EVALUATION OF REQUEST The applicant is requesting a 12 foot variance to the 30 foot right-of--way setback requirements. A 12 foot variance would position the garage addition 18 feet from the south property line and 32 feet from the curb along Bristol Boulevard. The addition does not appear to affect the clear view triangle or obstruct traffic visibility. Three stall garages are common through out the Weston Hills development. The position and layout of the house on the lot will not allow for an attached garage addition to comply with the R-1 setback requirements. APPLICANT'S ESTIMATE OF HARDSHIP 5~6 Planning Report -Jeff and Michelle Moe March 4, 2003 Page 3 The applicant would like a third stall garage for additional storage of personal items. An option exists to build a detached garage structure in the back yard of up to 576 square feet. However, this would be out of character for this neighborhood and disrupt the flow of their back yard and the neighboring back yards. The applicant indicates that when their house was built, they were required to face Stratford Lane, "if the house had been allowed to face Bristol Boulevard, a 90 degree turn to the south, a variance for this project would not be needed; the width of the lot, 175.59' (now the length of the lot), would have provided more than enough room to add a 12'x 20'garage" complying with the zoning code. SUMMARY/CONCLUSION The applicant requests a 12 foot variance to the required 30 foot setback from the public right-of- way fora 12' x 20' garage addition. The property is situated at the corner of Bristol Boulevard and Stratford Lane. The house faces Stratford Lane and is 30 feet from the east and south property line with no room for expansion on either side, because of the 30 foot setback requirement. The property currently has a single family house with a two stall attached garage. It is common in this neighborhood to have a three car garage. ACTION TO BE CONSIDERED To approve a 12 foot variance to the 30 foot required setback from the public right-of--way, for a garage addition at 4705 Stratford Lane. 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 building materials shall match the principal structure. u~ Location Map ^O !span Boundary ~ \/ BtrNt tlantsrllM j-u-~ Parch Araa iulldinp Pootprirtt ~ 1000 0 1000 2000 Ferl Development/Developer: 4705 Stratford Lane Application: Variance Case No.: 36-VA-02-02-03 Map Pnpand uslnp ERSI AreVNw ].1. Parcel Wee map mh provWed N by Dakota County Und Surwy Department and b etrrenl u r» SeptemWr 7002. W E cit of aagan TNIi MAP Ii INTENDED FOR REFERENCE UtE ONLY v Tb• Clty of Eapan and Dakota County do not puarantpp the accuracy of this Intotntatlon and an S GmmrNty peveleymene oeperen~nt not r~sponsibl• for •rtron or ontlaalona. MEMO FOR PROPOSED BUILDING CODE VARIANCE TO: CITY OF EAGAN FROM: JEFF AND MICHELLE MOE SUBJECT: VARIANCE FOR 4705 STRATFORD LANE WFSTON HILLS SECOND ADDITION-LOT I~BLOCK4 DATE II-FEB-03 CG SUSSELL CORPORATION REQUEST FOR VARIANCE TO BUILD ATTACHED GARAGE STALL ` Zonin~,Classification. What We Want to Do. Ezisting_Land Use: We currently live in asingle-family home with an attached two-car gunge at 4705 Stratford Lane. The house is situated on the corner of Stratford Lane and Bristol Boulevard (see picture 1)on ezactly the required set back distances for each street We propose building an attached I2' z 2A' third stall on the gunge and expanding our driveway, which requires a I2-foot variance an the south side of the property Facing Bristol Boulevard (set pictures Z and 3). We do not recd a variance for the eat side of the project facing Stratford Lane as the garage stall will be set back 2 feet from the existing garage stnrcnrre. This project will rake place during the spring summer of ~3. Our Hu_dshiv: Our home was built in I993. At that rime, we were required to build facing Stratford Lane. If the house had been allowed to face Bristol Boulevard, a 90 degree rum to the south, a variance for this project would not be needed: the width of the lot, I75.59 feet (now the Length of the lot), would have provided more than enough room to add a I2' x 2A' garage stall within the current building code. Since our designated ndghborhood park is located at Red Pine Elementary School, the playground is off-limits to our preschool son and young daughter during school hours. We> d~erefore, need to provide outdoor play equipment that is often too luge to store in our current two-cu gunge. A third stall will allow us to keep these toys secure. In addition, the expanded gunge will keep gazdening equipment and home maintenance materiak out of sight of our neighbors. We have several senior family members living out of town who visit our home Frequently. A third gazage stall will ensure the safety of their vehicles. Qthcr cions- Placing the garage as a detached structure in the backyard is not a viable option for two reasons. First, the required set back on Bristol Boulevard forces the detached garage to be placed well into our propcny thus consuming a large pomon of the Dotal backyud area. Second ezisting and well established landscaping prevents us from placirtg a detached gunge anywhere in the back yard (see pictures S and 6~ Placing a shed in our backyazd is not consistent witfi the current neighborhood structures. In addidon, our backyud is a wide-open uea. viewed by several lots. A shed would prove unsightly and poses a definite security issue when placed in a back lot comer. tease Also Consider... Adding tltic garage stall in no way impacts the view oFmotorists taming the corner from either Stratford Lane or Bristol Boulevud as the setback on Stratford will still be observed and there will be I8.35 feet between the Bristol easement and the side of the new garage stall (set pictures 4 and S). Bristol $oulevud is not a through street. It connects Weston Hills Drive and Stratford Lane. Our experience is that only a very few families use this end of Bristol Boulevard to exit our neighborhood via Highway 3. Bristol Doulevud ;s a v r low-traAic, low-use mad that would in no way be impacted by a third stall gunge on our corner. Attached three-car gunge stalls are common in Weston Hills. ~9 i ~/ I ~'~ ' t r/l~ I ~' '~1 1 ~ ~ L 1 yi ~~ j ~~~ r i+ ~ o e)~.? 1 ~ 1 ~2~ i 1 J ~ ~ 2. vl~r r ~~l 1 ~~I;~ r ~ i~ 1 ' i ~l ~~ ' ~ c ~ .1 2 ~ ~ ~ . + 1 ` i i ~ I r! N ~ ~ 1 d ''2~.v cl''~J~ ~ r z '~ ' ~~ ~ > 4 o ; ,, ~4:- s u ~t ,. ~ o-~ 0 ( y ~ ~ ~ ' L ., ~I , ,~ 4 1 ~ ~ J S ! ' J 2J ~i ' ' \ ~ A 1 d ~1 ~ t',P ~~' Ua ! ~'' ~ ~~-; sa" ' m i ~ ~' ~ J y r ~ l~ ~ ~ a~n~J s ~ti. J_ d =mar-- ~ , n r ~- - r.;1 ,s Y 1 ~ h~~ ` Z ~` ~~\ v~ _ J ~_ _ __ __ _ i _~._ ~ ~ ~ __ oS ~I r dl ~ e J ~ ~ ~ o ~ ~ , 1 . I: ~I ~ / ~j ~ 1 s ''S ~~ o ~ _ -~-'_ , - _ f u 4 ~ 1~ , , 11 i ~ L ~ i, r ,I~ j 1` 11~ r ~1~ ~ 7 I c ~,~ Q,0 ~!'. ~j,~ l~~ L. VI ~i{ 01~ Jib ~ ~; ;' `v _ -`\\ J 1 2 ~' d ;~ I i; ~ "} ~ o I ~ L I Yf I -- --,- ---' ~ ii > ~ 1, V ~~~ -_ _ _ _ C ~1. J r fI _ ~- u -_-.' ~ ' ~ L _ ~ _ .. -- - -~I __~h~~~~ _~Z ,¢..Vz __ ___ ,'. z - - z ~ - u~,~ .9 (, a,~ S ~ 1 , r i ~ C!~ ~y ,015~,'>3 . C ~~ ~ x6 I _ ,. 7 al o ; " s ~~ klyF~ i, 1 ~ I `7f~ ~_ '1 J - - _? ,1 =~ r~ -- - _ ~ r- ,~-r-r- Ali ~ ~ ~ i. ,U~p 1 ~ k G C A ~ ~~ 'i ~ p- i 2'.~ ~~~ m t '~ ~' ,I `j~C~ d.~ ~~ iic o ~1~ud ~ i' ~ ~a; ,a ~ 1 nil;k l: -, :.~ ,di: <i ~ dol. e~~p~ ' ~ ~ -' ~ , ff , ( r J d~!~ :jl Sys 714 _.,; ,A _~ 0 ~~J3 ~~ 'J; d~. ~ II 2'iJ _ _ _ III ~ ~ L~!. .. _ - - .. I r ~;_~,_- -- - - - o-~ SD WK i i 1 °~ a e ` .. m' m rl ~ ~ ~ C :~ . C f w r 'm _ - J ~4 1~ o ~ ~ _._ 7 ~ ~ yWj W z 2 a~4 ~` ~ ,~ o °a W ._._. : ~ e ~„~-, "~ ~ ~- n A 5 ~ ~, ~ ~ ~ J' ! J ~` ~~ u~ a el u ~ 4:~ r °~ e ~ Y W~ ~ Q 1 ~ d~ cL ^ ~N Sur : ~ z ~ d s S o_ 0 a~ N N a J aZ ~a a r~ N O ~ W F N D J° W LL N W¢ Z H a ~~ N ~o ~~~~ ~_ ~~Q~~ ~Q~ ~o~~~ ~~~~ 4~~` ~~~~~ ~~ ~~ J WE! O `c M O F ~ O b W N W j~ O ~ O s ~ li ~ m N I' N ~' t Y Y IL I ~ `! U V O :. ti ll i J;i~ A cQ a L 6 V H ~~,\ I u II S~ F J ~I ~~ %[ ~~~ a e ~ ~ W -~:, \ ~ L it i. is # ~// ~~~ C S J rJ f'~!J 4i.il~ I~ ~ :~ it r --- - --- -- - , \\ ` ,'' I -~ (` UN' 6 N i t I 'I u`\\ i o5 " ~ N k l 4~ _ I ~ ~ ~, oLL ~ I I ~ r-~ -~ ~ I~ .^ I ., ,f ~~ ~ y h 1 I y .; h °~ f I i, i~ ~i ; J ~ = a ^i..JL_~ ~: _ c,A u~. Jz ~ Jtll a r-d ~ ~ =mod' s Z <ul~ ~ Q; „ e - --- ~ - ~ r a Jo - -- _ _ _ _ - / I ~ v ~- -- ----- I e ~._ I ~ O ~ /~ ~ --- -- - - -r i __ l ~------~---- ~ 2 I~ ;i ~ I 7 I ~,St ~ ~ i/'; J ii I Jln ~ ii J.I I'. 4 1 ,._J ~ I~ Li O m /~~ P 2i I~' 4 fll~'u u~L_~ t I ~_ ~; ~~: -+' ~ S F'', \~ ~ ~ I .. --l ~ r-. I ~ ~ l't ,C( _ ; to / i ~" I .J ~ ~: r I I I I I I ~ ~" w O ~ O `\ ~ D+ ~ i. i. ~ ~' ' I l~ lJ i ~IJ' l~ I' 4 X ' ~'~ k ~ IL ~. V vi ~ ~III~----~~ ~ I ~U 1, ~ 2 ° ;~ n~ ~ ~ ' r' ~ ', ~ !~ E ~~ ~ __ , I~ :l I -- -- ; i e~ ~ I I -- P ' t~ e~ . i ~ ~ ~ I L_I IJ ~~ it ~ ,_ ~~ i t~ 9991 "t__lut I~~'ua; -~ ~WO~I~ r `lu a, `r I `~~o~~$ `` ~~I ~~~ ~3 ~: S ~~ ~~~ .$ Agenda Information Memo March 4, 2003 Eagan City Council VI. OLD BUSINESS A. FINAL SUBDIVISION AND FINAL PLANNED DEVELOPMENT (CENTENNIAL RIDGE) - MANLEY LAND DEVELOPMENT CORP. ACTIQN TO BE CONSIDERED: To approve a Final Subdivision to create 24 lots and two outlots on approximately 8.6 acres located on the southeast corner of Diffley Road and Johnny Cake Ridge Road in the NW '/4 of Section 28. To approve a Final Planned Development for the residential portion of Centennial Ridge for construction of 24 small lot single-family dwellings on approximately 5.5 acres located east of Johnny Cake Ridge Road and south of Diffley Road in the NW '/4 of Section 28. FACTS: • The Council approved the Preliminary Planned Development on December 1 1, 2001 and the Preliminary Subdivision on October I5, 2002. • The Final Planned Development was before the Advisory Planning Commission for Site Plan review on January 28, 2003. • The APC recommended approval of the development plans with conditions. The APC's recommendation was based on the 18 two-story and 6 rambler style units, with an average lot coverage of 23%, shown on the Site Plan for the development. • The development contract for the Final Subdivision is anticipated to be signed and in order for execution at the regular meeting of the City Council. The Final Planned Development Agreement is forthcoming, pending Council action on the issue of lot coverage which is discussed below. ISSUES: • The developer is requesting approval of an increased maximum average building coverage of 27% for the development. The site plan shows an average lot coverage of 23%, and individual lot coverages ranging from 10% to 33%. • The developer is requesting the 27% average coverage to allow for modification of building footprints and interchanging of rambler and two-story styles within the development to accommodate buyer options. • The requested 27% average lot coverage could potentially reduce the number of two-story units in the development, and possibly result in all rambler style units. Staff has some concern about the use of only one building style within the development and the lack of variety that presents. • Minimum setbacks and minimum distances between buildings would still apply. Coverage for any individual lot would still be capped at the 33% shown on the Site Plan. • The Council's action on this issue will be incorporated into a forthcoming Final Planned Development Agreement. ATTACHMENTS (1): Location Map, Final Plat and Site Plan, pages through~~ s~ Location Map Eagan boundary ~~ r Street Centerline Parcel Area duitdin Fo t i t g p o n r - ~,~ _ x ~ K~ ~ ~ ~ ~(`.. S ~Q r '~ >© * r ~ t~ ~ ~ €__ ~: ~ - ` . ~~ 4 r ~ _ ~ d ~ Sub'ect Site ,~ ,~. a ~ ~ ~ - ~ _ a ~. t ~ ^ O i ~ ~ 4 a ~ _.` ~. t 3p ,.~ ,~ ~ ~,. / Ar ~ JQ f~ s~ v ~,, `~ ~ ~a 1 .< e ~ r..w. -~ ~ rt a, ., ~ r ~ ~ ~ ~~ _. ;. v ~, ~: x ~ - ~ ~ ,~ C °, R.. ~. ~" _ ~ w~ ,: _. a K 4 r {'. # ~ ~ _ ~ ~ ~ x ~ 1 I 1 1/ A • . r 1000 0 1000 2000 Feet Development/Developer: Manley Land Development Application: Site Plan Reivew - F' D Case No.: 28-FD-11-12-02 t~ J f Map Pr.panC ualnp E SI ArcVk~rr JA. parul Ws~ map data provld~tl by Dakoh County Lantl Survey Da0artmant and Is ourrant as of Saptsmbar 2002. TMtS MAP IS INTENDED FOR REFERENCE USE ONLY I` w E city o eagan Community D~valepmant Oapartm~nt The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are not responsible for errors or otnlsslons. s r~~ _~ J ,~S N07E PRELIMINARY Subject to revision without notice. I ~ I fi +s I f5 ~ I ~~ ii M ;,aKa~~ :~ ::~- ~ J -'r' uL,. i ----'--' T -~r~ f--'--'---- 1 1 pon v iW // ~J~ m w 31\ RC..:. PL%.T .w. ~-3 ---------~ i ~~to6R~ ~ ~G^ ~ g~a~~ ~ Q~ ~a: ~ ~> ~ o € ' a q €~ ` ~r '' I ',/ I~ 22~a i ~ ~ i Y ,,~ Iii i , Y ~ ~--- - 1------~ - ~. >~ w • O ~ ~~~~~2~ o~ p, _,~~~~~ ~'~ ~ K'~ o ~~~~oj~~~ ~~pyyy ~~ •l~~l ~i~ A~ ~ 4R a ~ ~ g ' •. a u taZ ~ i I 9 ~_ s I m I I I I ~r ~ ~ T f~ I I J v ivr ivi i i xt~ Y""' i i1 i i. i. m --~ Z Z D r v ^ ~ ~°tit. is ~:: . ~.' ~ L j.~1°~i.M ~' • ~h~ .z :~ .. K B R .^, v K F I C:.iCGkO.^.fCF +'Fi ~- ~ ~ ~ ~ NT v,~ ~~ ~~ ~ ~ ~~ r.v '1}iM • -v' ^IN GS~7Rs ~MM~ ~ uW SS •i ~~~ t • I r+- i ~ . ~~{ JIf 1~~' ~ -~ `I`mo --------------------- ~- ~ ~~ = ~ otter Ro~u _ _ _ _ _ _ _ - - - - • L~ `+i ~ ~ - ------- - -- -------' - tt~ I I --~------~~ +- -- - - ~ _ ~ ! Ifi I II r-----------------11 =-- ~~ ' ' 111 ~ ! i~ i ~ ~~ I f ~I~ _ ~ I. i it I!~ ~ ~ Ali I ~ ~ I~ 1 i ~ l In I. I I o I II` ~ I .li I II I I b! i l i l ' ~' ~ rwe~io3i6r~ --- ' I ~~ I I I ~i 11 ' I I ~ i ~ ~~-1 ---7 r- 11 ;~ ~ 1 ~ .1, ~ ,, I, , O La I ~ I , I ~ S I I II' I I I I I I I I I I I' ````~ ~ , ~ > '1 . . r I it 1 1 ~ ~ ~ • , "' u ~ i,• L i~ ~ I a ~ _J < < ~ I ~ ~ ~ _ ---- I - /. i 1 II ~ L_ J ~ 1 V a I ~ ` r- z ~~ (~ i i i~ I I I i i ~ I I 1 U 1 I ~ _J = I 1 1 ; 11 II f ~ I I~ ' I ~~ L__ ~ l__ l ~ IIQ 1 i 1 ~ O l_i ~~ L _ ~ J ~ ~! 1 1 I I I r' l .pi r --1 C ~ I I 1 ~ ~ 1 \ I I I ,__ I Z i ~__~-~f __II 11 ~ L - - ' 11I I I I N W + ~ I _ ______J I ; ~ 1 `c_ ~ ~ ~ ~ ~ j ~ ~ ~<--------- j __ __, I I I 1 ~, PI ` I I I 1 . 1 $ I `I - ~ 1 l i ; ~ I I~ '-1 ; ~ ~~ ~ ~ ~ e c r ¢ o R ~ +~~ ~~p ~ ~~ ~~~ ~ ~* ~~~~3s ~ ~ t ~„ 650 „~ z'~ ~ ~ ~~ F Q q ~ ~ ~ $ ~ ~~ ~ N ~~~ ~ a Y a p SITE PLAN Agenda Information Memo March 4, 2003 Eagan City Council Meeting B. ORDINANCE AMENDMENT -CITY OF EAGAN ACTION TO BE CONSIDERED: ~ To approve an amendment, as presented, to Chapter 11, Section 11.70 to allo~~~ additional product signage in the Business Park (BP) Zoning District via Conditional Use. OR To approve the APC modified amendment to Chapter 11, Section 1 1.70 to allow additional product signage in the Business Park (BP) Zoning District via Conditional Use. OR To deny an amendment to Chapter 11, Section 11.70 to allow additional product signage in the Business Park (BP) Zoning District via Conditional Use. FACTS: Prior to April 2002, the City allowed only business identification signage on commercial and industrial buildings. - The issue of product signs originally arose when an Eagan business owner requested sign permits to allow three product signs in addition to the business identification sign. His request was denied by staff based upon the business sign definition which had consistently been interpreted as not allowing brand or product name advertisi~~g. y At the request of the Council Sign Subcommittee (Bakken & Fields) an ordinance amendment clarifying the definition of business identification signs and product signs, and the standards for building-mounted signs was drafted by staff and approved by the City Council on April 2, 2002. The ordinance amendment allowed for a single product sign in addition to the business identification sign. In December 2002, the Council Sign Subcommittee was made aware that this same business owner was not content with a single product name sign. The committee S6 directed staff to prepare a draft ordinance amendment to allow additional product signage via conditional use permit. - The APC held a Public Hearing at their regular meeting of February 25, 2003 and recommended approval of a modified ordinance amendment. ISSUES: The Sign Committee's primary concern and consideration related to product signage that led to the April 2002 code amendment, was the potential for abuse. For example, without regulation, a convenience gas station could, theoretically, add product signage advertising various brands of soft drinks, potato chips, tobacco, etc. APC opponents of the amendment believed additional product signage was not appropriate for the BP zoning district because the district contains destination uses, not general commercial operations that strive to attract impulse purchasers. It was suggested that tripling the amount of allowed product signage was excessive and that a request for additional signage was more appropriately handled via a Variance procedure. APC proponents of the amendment believed concerns with signage could he adequately addressed with the CUP procedure. ATTACHMENTS: (2) 2-25-03 Draft APC minutes on page , 8 . 2-19-03 Staff memo/draft amendment on page ~~ through 5~ City of Eagan Advisory Planning Commission Meeting Minutes February 25, 2003 ~ ~ ~ ~ I Page 2 ~~- I. OLD BUSINESS A. ORDINANCE AMENDMENT FOR CITY OF EAGAN. Senior Planner Ridley provided an update to the Commission concerning the additional modifications that have been made to the Sign Ordinance since the prior public hearing that was held on January 28, 2003. Chair Huusko opened the public hearing. There being no public comment, Chair Huusko closed the public hearing and turned discussion back to the Commission. Member Heyl indicated her opposition to the proposed change and indicated that additional signage is unnecessary and counter-intuitive for the less intense, higher quality Business Park zoning district. She further stated that these businesses are destination businesses as opposed to general commercial operations that may desire additional signage to attract potential impulse buyers. Member Gladhill agreed with Member Heyl and stated that if an amendment were to be approved, he suggested that the proposed ordinance be modified to permit only one additional product name sign. He stated his concern with tripling the allowed product signage. Because the Business Park zone is intended to be compatible with residential uses, Member Miller expressed concern that additional signs may face residential properties. Member Huusko believed signage concerns would be properly addressed through the conditional use permit. Member Bendt agreed with Huusko. Member Gladhill disagreed and stated additional product signage should be requested through a Variance procedure rather than a CUP procedure where a business owner would simply need to meet the standards and the City would be obligated to approve the permit. Member Gladhill moved, Member Heyl seconded a motion to recommend approval of the draft amendment with the following suggested changes: 1. Section K-1 should provide up to one additional sign; 2. Section 3(b) should indicate no more than a total of two product name signs; 3. Section 3(c) should be modified to state an advertising of up to two products; and 4. Section 6(10) should provide up to one additional product sign. All voted in favor. Motion carried 7-0. S8" . t. ~ ~.c. city of eagan MEMO TO: Chair Huusko and Advisory Planning Commission Members FRO11~: Mary Granley, Code Enforcement r THROUGH: Mike Ridley, Senior Planner DATE: February 19, 2002 SUBJECT: Ordinance Amendment -Product Name Sign Standards Introduction This item ~~~as before the APC at their regular meeting of January 28, 2003 and. due to some confiision. the commission continued the item to their February 25, 2003 meeting. Prior to April 2002, the City allowed only business identification signage on commercial and industrial buildings. The concern and consideration related to product signage that led to the Apri12002 code amendment was the potential for abuse. For example, without regulation, a convenience gas station could theoretically add product signage advertising various brands of soft drinks, potato chips, tobacco, etc. In April of 2002, the City Council approved a compromise that allowed one (1) product sign in addition to the previously allowed business identification signage. Background The issue of product signs originally arose when an Eagan business owner requested sign permits to allow three product signs in addition to the business identification sign. His request was denied by staff based upon the business sign definition which had consistently been interpreted as not allowing brand or product name advertising. At the request of the Council Sign Subcommittee (Bakken & Fields) an ordinance amendment clarifying the definition of business identification signs and product signs, and the standards for building-mounted signs was drafted by staff and approved by the City Council on April 2, 2002. The ordinance amendment allowed for a single product sign in addition to the business identification sign. Later in 2002, the Council Sign Subcommittee was made aware that this specific business owner was not content with a single product name sign. At a December 2002 Council Sign Subcommittee meeting, the subcommittee directed staff to review and draft an ordinance amendment regarding the standards of product signs. 59 Tl~e attached information is presented in response to the Council Sign Subcommittee's request for an ordinance amendment defining the standards to allow additional product name signage. This ordinance amendment would allow up to two additional product name signs via a Conditional Use Permit, under Chapter 11.70 Subd. 25. The Council subcommittee acknowledged the importance of signage for business but also their concern for potential abuse. One issue that has been discussed is the lack of efficiency resulting from applying a "one size fits all" ordinance requirement as it relates to signage. Allotting a fixed percentage of signage regardless of a building's size can be problematic. Whether a large building is single or multi-tenant, a flat percentage of allowed wall signage can result in a significant amount of signage that may detract from the architecture and character of the building. In particular, the Business Park (BP) Zoning District was created to accommodate lo~L intensity office and light industrial uses that would exhibit high quality site planning and architecture that would be suitable in close proximity to residential uses. Due to the intended nature of the land use in this district and, often, the large scale of the associated buildings, staff is suggesting a maximum percentage for allowed wall signage of five (5%) percent. Definitions Product signs are defined as: "...any sign upon which there is any brand name, trademark, logo. distinctive symbol, designation or advertising which has as its purpose the promotion of any husiness, product, goods, activity or service. Product signs shall be subordinate to business si~~ns.~~ Business identification signs are defined as: `'...any sign upon which there is a name or designation that has as its purpose business, professional, or commercial identification and which is related directly to the use of the premises upon which the sign is located." Considerations TIZe ~,±eneral intent of the City Code is to "maintain high quality site planning, architecture, si~;na~=e and landscape design to create an attractive and unified development character." As directed, staff has attempted to draft an amendment that provides for additional product signage, via a Conditional Use Permit, that continues to require that product signage be subordinate to the business identification signage. [n an effort to provide for uniformity among all signage on any given building, the APC and Cite Council are also asked to consider a suggestion by the City Attorney that would require product signage to be designed to be similar to the business identification sign. Additionally, on a subject not related to product signage, changes are proposed to Section 1 1.70, involving off-premise signs. The City Attorney is suggesting the changes that are not substanti~~e but. rather, are meant to streamline the ordinance by removing cross-references. ~a Summary Presently, the Sign Ordinance allows all commercial and industrial businesses one (1) product sign in addition to business identification signage. To avoid the possible abuse mentioned earlier in this memo, the draft amendment restricts the number of additional product signs and specifies a single Zoning District where additional product signs are allowed. r The draft amendment provides for up to two additional product signs (via Conditional Use Permit) and language on signage uniformity in the BP Zoning District and introduces a reduction on wall signage allowed in the BP Zoning District. The APC and City Council must determine the desirability of providing an increased amount of product signage and, if suitable, under what conditions. ACTION TO CONSIDER To recommend approval of the draft amendment. ~/ -, ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.70, SUBD. 25 REGARDING PRODUCT NAME SIGNS AND OFF PREMISES SIGNS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1. r The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Eleven is hereby amended by changing Section 11.70, Subd. 25 (A)(3) (b) & (k) to read as follows: 2. Business name sign means any sign upon which there is any name or designation that has as its purpose the identification of a business, professional, or commercial ' use and ~ is related directly to t-he such use e€ occurring on the premises upon which the sign is located. 11. Product name sign means any sign upon which there is any brand name, trademark, Logo, distinctive symbol, designation or advertising which has as its purpose the promotion of any business, product, goods, activity or service sold on or provided by the business, professional or commercial use on the premises on which the sign is located. Product signs shall be subordinate to business name signs. Section 2. Eagan City Code Chapter Eleven is hereby amended by changing Section 11.70, Subd. 25(E)(3) to read as follows: C. Product name sign. Andproduct name sign shall be subject to the requirements thereof as set forth in the Subdivision. Section 3. Eagan City Code Chapter Eleven is hereby amended by adding Section 11.70, Subd. 25 (K) to read as follows: K. Product Name Signs, Standards. 1. Product name signs in any zoning district shall be subject to the provisions of this Chapter of the City Code. Upon the Council granting of a conditional use~ermit, up to two j2) additional Product name signs, in addition to the one (1Zpermitted product name sign as 1 ~~ ~~~~~~~ permitted elsewhere in this Subdivision, shall be permitted only in Business Park (BP) district. 2. Conditional Use Permit Application. All conditional use permits under this Subdivision shall be subiect to the provisions re ug_latin~ conditional use permits in this Chapter. All applications for a conditional use permit for more than one permitted product name sign shall include a detailed and scaled site plan of the building on which the proposed sign is to be located, specifying the dimensions, locations, material, and desipr~f the proposed product name sign(s). 3. Performance Standards. The product name suns, which are.. pursuant to a conditional use permit hereunder, shall comply with the following requirements, in addition to those requirements govemin~ conditional use permits set forth elsewhere in this Chapter: a. The total sign area of both business name and product name signs shall not exceed 5% of the oss square feet area of the side of the building on which the business name signn is placed, regardless if the suns are for a single tenant or for multiple tenants. . b. No more than a total of three ~3) product name suns, including the one (1) permitted product name sib under this Subdivision, shall be permitted. c. No product name sign, as an individual sign for each product or as one (1) sign desi~natin~ or advertising three (3) products collectively, shall be more than fiftypercent (50%) in size of the permitted business name sign. d. Any and all products, goods, activities or services designated or advertised on a product name sien shall be sold or otherwise provided on the premises on which the product name sign is located. e. Product name signs shall be of similar illumination, materials, and construction type as that of the business name sign. Section 6. Eagan City Code Chapter Eleven is hereby amended by changing Section 11.60, Subd. 17(C)(10) to read as follows: 10. Up to two (2) additional product name signs subject to the provisions and regulations thereof in this Chapter. Section 7. Eagan City Code Chapter Eleven is hereby amended by changing Section 11.70, Subd. 25(D)(3)-(6) to read as follows: 3. Any new off-premise sign permitted under this sul~iParagraph-r-e, shall not be placed upon any property upon which a building or structure already exists. ~3 ~ ~ i~ ~ ~~ 4. Any new ott=premise sign permitted under this Paragraph-Be, shall be located only on property zoned for business or industrial use. 'S. Any off-premise sign now existing or permitted to be constructed shall be removed prior to the City approving the platting of the property upon which the sign is located or prior to the City issuing a building permit for the construction of a structure upon the property upon which the sign is located, whichever occurs earlier. '6. Any new off-premise sign ~~ec~pursuant to a conditional use permit issued hereunder shall be subject to the provisions governing conditional use permits as set forth elsewhere in this Chapter ~'~~_ '` ~'': ~'~~ ~'• ~a° e°~'~ "~° '•'"'. ^ °~ ~' «t° n.... ~,.a° ~___ ~:_.J ~__~. Section 8. 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 9. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: Maria Karels Its: City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: CITY OF EAGAN City Council By: Pat Geagan Its: Mayor 6S~ Agenda Information Memo March 4, 2003 Eagan City Council Meeting C, ~. CHAPEL LANE - NO PARKING ACTION TO BE CONSIDERED: Approve the posting of No Parking signs on both sides of Chapel Lane from Hwy 149 to Random Rd. FACTS: • During the neighborhood meetings to discuss the proposed improvements to the streets within the Selmark, Harvey and Burrview Additions, several residents expressed concern regarding the frequent parking of vehicles on the portion of Chapel Lane that approaches State Trunk Highway (TH) 149. • At the Council meeting of December 2, 2003 Project 764 (Street Rehabilitation) was approved. At that same meeting, similar concerns were again expressed and the Council directed staff to notify the adjacent property owners of the potential for restricted parking on this segment of Chapel Lane. • Letters were sent out to those identified property owners, and no responses or comments were received. Subsequently, another letter was sent to the same property owners informing them that this action would be considered by the City Council on March 4. ATTACHMENTS: • Letter/Notice to property owners, page -~~ 6S PAT GEAGAN Mayor PEGGY CARLSON CYNDEE FIELDS MIKE MAGUIRE MEG TILLEY Council Members city of ~ec~an THOMAS HEDGES City Administrator Municipal Center: 3830 Pilot Knob Road Eagan, MN 55122-1897 Phone: 651.675.5000 Fax: 651.675.5012 TDD: 651.454.8535 Maintenance Facility: 3501 Coachman Point Eagan, MN 55122 Phone: 651.675.5300 Fax: 651.675.5360 TDD: 651.454.8535 www.cityofeagan.com THE LONE OAKTREE The symbol of strength and growth in our community February 25, 2003 Re: Proposed No Pazking on Chapel Lane -Hwy 149 (Dodd Rd.) to Random Rd. Deaz Adjacent Property owners: As a result of a public hearing held last December 2, the City Council approved the rehabilitation of the streets within the Selmazk, Harvey, Burrveiw Acres Additions (Chapel La., Random Rd., Sally Circle, Rita Ct., Wren La. and Roll La.). During the prior informational neighborhood meetings held to discuss this proposed improvement, the City received a request from several neighbors to restrict on-street pazking on that portion of Chapel Lane from Hwy 149 (Dodd Rd.) to the east of Dodd Lane. As you may recall, on Dec. 3, a letter was sent out to all property owners adjacent to Chapel Lane from Hwy 149 to Random Rd. informing them of the City's intent to formally consider this request. To date, the City has not received any comments or objections to this proposal. Therefore, this letter is to inform you that, at the Council meeting scheduled for March 4, the Council will be considering approval of a resolution that will authorize the posting of "No Parking -Anytime" signs on both sides of Chapel Lane, from Hwy 149 to Random Rd. This item will be placed early on the Agenda under "Consent" with no discussion anticipated unless so requested by any member of the Council or audience. If approved, the signs would most likely be installed early this spring. If you have any questions before this meeting, please feel free to contact me, or City Engineer Russ Matthys (675-5646). Sincerely, Thomas A. Colbert, P.E. Director of Public Works Cc: Russ Matthys, City Engineer Mayor and City Council 66 Agenda Information Memo March 4, 2003 ,~, LONE OAK LANE STO SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the petition and 1) Authorize the preparation of a feasibility report by the City Engineer for Project 893 '(Lone Oak Lane -Storm Sewer Improvements); OR 2) Deny the requested feasibility report. FACTS: • On February 18, 2003, city staff received a petition signed by residents of Lone Oak Lane (private street), requesting the installation of a catch basin and storm sewer to address drainage concerns on their private street. These properties abut Pond HDP-1 on the north side of Lone Oak Road (County State Aid Highway 26), west of Pilot Knob Road (County State Aid Highway 31). • The petition was submitted in conjunction with the discussion associated with Project 806R, which provides a storm sewer outlet for Pond HDP-1 in anticipation of the development of the proposed Kennerick Addition, northeast of the pond. • A letter was included with the petition. In the letter the residents are requesting that the proposed Lone Oak Lane catch basin and storm sewer be constructed as part of the contract for Project 806R. The letter also requests that these additional improvements be funded entirely by the Storm Water Utility Fee Fund (Utility Enterprise Fund). • All of the storm sewer improvements associated with the petitioned request for a feasibility report would be considered as lateral improvements, solely benefiting the adjacent property owners. 100% of the storm sewer improvement costs would be proposed to be levied against all of the properties within the Zehnder Acres in accordance with the City's Special Assessment Policy. • The requested improvements address a concern limited to a private street with no current public easements dedicated for this purpose and would solely benefit only the residents of Zehnder Acres who take direct access from this substandard unimproved road. While the improvements could be constructed through the public improvement process, it would be contrary to past practice and City policy to contribute public financing. • The letter indicates that some of the contributing drainage area which impacts the private street includes Lone Oak Road. Any concems with drainage from this County road may be addressed by the residents to the Dakota County Highway Department. • If the Council desires to further pursue the requested improvements, it would be appropriate to authorize the preparation of a Feasibility Report to determine the scope, cost, schedule, and method of financing the construction of the requested storm sewer improvements. ATTACHMENTS: • Petition, page ~~. • Letter from Residents, page ~. • Exhibit of Requested Improvements, page • Exhibit of Petitioning Properties, page • Letter/Notice to residents, page ~~. 6~ ~,: ~, . ,,,A '~ r-i ~~..;~~- ~~=~ city of eagan PETITION FOR CITY USE ONL Petition No. ____~,~,_______ Date Received ~ - ~~ -B 3 Presented to Council a'~~'o3 `i 3 - y-v j LOCATION/SUBDIVISION L~,r.E nn IC ~ .~+ rt ' ~ 7 .~.d~r ~cfeS r UWe; the undersigned, owners of the real property adjacent to L e.ZE oak 2~cI (Street) or within ?~ M. nd~r Q Cces l tC~~, r, «; ~~ Subdivision, hereby petition for: - Street Improvements - {~~ N ~ SSE ~ k~ Sanitary Sewer . _ (Check requested items and ~o: ~~~~ Water Supply please enclose sketch of Storm Sewer aC requested improvements) S~ ~~ Street Lights ~ ~' Other (Explain) -u)2 o,.c>: Ce:q~,,.~~~~'. ~~, "l~nz ~~s•..) -~ wcLka~ var.\'.~~ ~e~e_ -t~..~.d. UWe understand that this petition does not in itself request the installation of these improvements but, rather, request the preparation of a feasibility report in which the estimated costs of these improvements will be tabulated. UWe understand that upon receipt of this petition and the preparation of the requested feasibility report, a public hearing will be held at which time we may voice our support or opposition based on the costs as prepared in said feasibility report. Signature of Land Owner Address of Property 1. `~'1, ~~ ~;ha.a,.e~ ~4~ --~ /i LouE oAK QoA~ ~. v~~ ~_ ~~~~ g, v G:/FORMS/PETITION/Feasibility Report (Resident) To: Mayor Pat Geagan, Council Members: Peggy Carlson, Cyndce Fields, Mike Maguire, and Meg Tilley. From: Todd Chase and ZVlitsy Lutz 1459 t/2 Lone Oak Road Eagan, MN 55121 Mayor and Council members, ire would tike the city to consider installing a catch basin on Lone Oak Lane between the properties o~Lutz•C'hase and Reynolds, and have it included in project 806. Lone Oak Road and Lone Oak Lane do not have any storm sewers, yet we pay a stone water fee each quarter. Water from parts of Lone Oak Road tend to run down Lone Oak Laae(private road) and collect in the low area, which.is located between the Lutz-Chase and the Reynolds property. Duriag the spring snow melt and or heavy rains, the iow area of Lone Oak Lane crates a small pond that covers the road. The size of the pond varies ; from 10' feet by 10' feet, too, as large as 20' ft by 20'ft, depending on rainfall or the amount of snow on the ground before the spring melt. We ask the City to pay for this improvement out of the Stone Water Utility Fee Fund. I realize that you probably think the homeowners on Lone Oak Lase should be assessed for this proposed improvement since they are receiving the benefit. I beg to differ, especially since each homeowner on lone oak lane is facing an assessment for project #806, a project in its current form, I remind you, does not benefit anyone except the kinnerick addition. Project #806 is seen as more detrimental than beneficial too Lone Oak Lane residents. Please include this proposed project with project 806 ,then at the very least, we would receive a benefit with the new storm drain. about:i RECEivEo FE6 182003 EAGAN ENGINEERING DEPARTMENT ~ AP ~ ...~wM1 ~.I1 D' 69 ~v ;, J r t 0 J n 3 ~v v ONE ~~ LU'rZ ' U+ ~~~ . _ ~ - ~~„ ~ ~'' ~~ ~~~ ~ Q _ __ ~, ~~, '~D . ~, w J t I I Oily d Eagan Storm Sewer Petition Project 806 Kenneridc /Pond HDP-1 Feb. 18, 03 Q e ' ' 'ng Properties ~~ ~ a s'" PAT GEAGAN Mayor PEGGY CARLSON CYNDEE FIELDS MIKE MAGUIRE MEG TILLEY Council Members THOMAS HEDGES Ciry Administrator Municipal Center: city of eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Phone: 651.675.5000 Fax: 65 ] .675.5012 TDD: 651.454.8535 Maintenance Facility: 3501 Coachman Point Eagan, MN 55122 Phone: 651.675.5300 Fax: 651.675.5360 TDD: 651.454.8535 www cityofeagan.com THE LONE OAK TREE The symbol of strength and growth in our community February 20, 2003 Re: Petition for Storm Drainage Improvements -Lone Oak Lane Dear Property owners, On Tuesday February 18, the city staff received a petition from several property owners requesting the City to install storm drainage facilities at the low point of Lone Oak Lane. Due to the late receipt of this petition, there wasn't sufficient time to formally place it on the agenda with related background information for formal Council consideration later that evening. Although copies were hand distributed to the entire Council during the Public Hearing of Project 8068, Kennerick Addition, it received only limited discussion and no formal action was taken. Therefore, this letter is to inform you that this petition will be formally place on the Agenda of the March 4 Council meeting under Old Business for specific consideration by the Council for further study, if appropriate. This is not the public hearing to approve or deny this requested improvement. Rather, it provides an opportunity for the Council to discuss the appropriateness of the petition and to consider whether the City should proceed with the preparation of a feasibility report to identify the scope, costs, financing and schedule of such an improvement, and the appropriate source of funding this new public improvement process (est. $1,200). If authorized, a preliminary report could be completed in approx. 2-4 weeks and returned to the Council for their review and consideration of scheduling a formal public hearing to present the report to all impacted property owners (construction easements, assessments, etc). Because this is a requested improvement to a private street, improvements of this nature are typically not performed or financed by the city under a public improvement. They are usually handled by the properties that share in the maintenance of the private drive, or 100% assessed to those who are agreeable. The enclosed petition as submitted seemed to address the neighborhood's interests and concerns very well. However, if any one wants to submit additional information (including emails) to the Council for their consideration on March 4, City staff must receive it no later than noon on Friday, February 28 to be included with the formal Council packet. This letter is being sent to only those whose name appeared on the original petition. If you know of others who may be interested in this next step of the process, please share this information with them. Again, thank you for your continued involvement and participation in these issues. ~m~cr~ry, Tho as A. Colbert, P.E. Director of Public Works CC: Mayor and Council Members Thomas L. Hedges, City Administrator Russ Matthys, City Engineer Kevin Kimmes, Consultant Engineer GTAGImen/Lone Oak lane Drainage Enc: Petition ~~ Agenda Information Memo March 4, 2003 Eagan City Council Meeting NEW BUSINESS A. REQUEST BY FRIENDS OF PATRICK EAGAN PARK TO MATCH AN ACQUISITION GRANT, APPROVE SUBMISSION OF SCENIC AND NATURAL AREAS GRANT APPLICATION FOR LEE AND LAUREL ANDERSON PARCEL ACQUISITION AND SET PUBLIC HEARING; AUTHORIZE AN APPRAISAL OF THE LEE ANDERSON PROPERTY THROUGH THE TRUST FOR PUBLIC LAND. ACTION TO BE CONSIDERED: Friends of Patrick Eagan Park (FOPEP) is requesting Council consider the following actions in regard to the DNR's Scenic and Natural Area grant application: 1) Approve a City match to a Metro Greenways grant award in the amount to be determined by Council, OR Defer the issue until terms, conditions, value, and other sources of funding for acquisition of the Anderson piece are known. OR Deny a City match to a Metro Greenways grant award. 2) Approve submission of the Scenic and Natural Area Grant for acquisition of the Lee and Laurel Anderson parcel and direct APrC to conduct a public hearing at their March 17 APrC meeting, OR Defer the issue to the March 18 City Council meting OR Deny submission of the Scenic and Natural Area Grant for acquisition of the Lee and Laurel Anderson parcel. AND/OR Direct APrC to hold a public hearing on March 17,2003 for the purpose of submitting a grant application for the McCarthy property and Caponi property and for staff to prepare the appropriate appraisals. 3) Authorize, an appraisal of the Anderson property through the Trust for Public Land, working with City staff to complete this work for the grant submission, OR Defer authorization of an appraisal to be coordinated through Trust for Public Land OR Deny authorization of an appraisal to be coordinated through Trust for Public Land OR Direct a certified appraisal to be coordinated by City staff for the purposes of submitting an application. ~3 Agenda Information Memo March 4, 2003 Eagan City Council Meeting ANALYSIS: BACKGROUND • Friends of Patrick Eagan Park (FOPEP) approached the Advisory Parks Commission on February 13, requesting that the City provide matching funds for a Metro Greenways grant they applied for in Spring of 2002. FOPEP • At this time, the Metro Greenways grant award has not been made. FOPEP anticipates hearing the results within the next couple of weeks. FOPEP feels that a grant award is "very promising." The amount of actual grant award is unknown. • Metro Greenways fund would be used to acquire the Lee Anderson parcel adjacent to Patrick Eagan Park (see attached site plan). FOPEP hopes to acquire the property for open space purposes and eventual inclusion into Patrick Eagan Park. • Council may recall the City was recently awarded a DNR Metro Greenways Grant. Dakota County Soil and Water Conservation District (SWCD) is conducting a study, to begin early March, for the City to identify priority Greenway parcels for possible acquisition. • The APrC has recommended to earmark 25% or not to exceed $100,000, and recommended it come from the Park Site Fund, for the Metro Greenways grant. The remaining match City Council would need to determine. • FOPEP also requested that the City apply to the DNR's Scenic and Natural Area grant program to assist with acquisition of the Anderson property. The APrC approved recommending Council direct staff to prepare and submit the Scenic and Natural Area Grant for acquisition of the Anderson parcel. • Dakota County Commissioner Nancy Schouweiler attended the February 13 meeting, indicating County interest in the property, but because the County Board has not yet adopted a process for disbursement of referendum funds, the County cannot commit to this parcel. • The Scenic and Natural Area grant program is administered by the DNR and uses funds from state gaming proceeds. State agencies, county, and municipal governments are the only agencies that may apply for these funds. Groups such as FOPEP are not eligible. • Grant applications are due on March 31, 2003, and must be accompanied by a certified appraisal of the property. Grant criteria also require a public hearing prior to applications. This hearing may be conducted by the APrC as long as it is publicly noticed as a hearing. APPROVE MATCHING FUNDS FOR SCENIC AND NATURAL AREA GRANT • The Scenic and Natural Area grant maximum is $500,000. Grant guidelines state that there must be at least a 50% match by the applying entity. The City would have to match at least $250,000 if it applies for the grant maximum. • A windshield appraisal of the Anderson parcel conducted during the Golf Course Exploratory Committee indicated a per acre cost in excess of $70,000. In total, this estimated amount would exceed the grant maximum for the approximately 7- acre piece. The APrC did not indicate in their motion the source of funds needed to match the Scenic and Natural Area grant. The City Council is asked to consider the source of funds for a potential grant match. ~~ APPROVE SUBMISSION OF THE SCENIC AND NATURAL AREA GRANT AND SET PUBLIC HEARING • Grant applications must include proof that a public hearing has been conducted prior to application submission. • It is not unusual to hold a public hearing as an agenda item at the Advisory Parks Commission regular meeting. The Advisory Parks Commission is meeting on March 17. AUTHORIZE AN APPRAISAL TO BE COORDINATED AND PAID FOR BY TRUST FOR PUBLIC LAND • The Trust for Public Land (TPL) indicated at the February APrC meeting that they would conduct the necessary appraisal of the property using appraisers from the DNR's list. • FOPEP had arranged contact between City staff and the TPL to create an appraisal for the Anderson property. • TPL works directly with the property owner to conduct an appraisal. The property owner then submits a "contribution" to TPL. The City, although being one recipient of the appraisal, does not pay any money at any time, regardless of grant status. • TPL would also serve as the negotiator with the Andersons for property acquisition. ADDITIONAL PROPERTIES • The City may submit more than one application on different properties. Individual Council members have also discussed acquisition possibilities for Patrick McCarthy's property and Tony and Cheryl Caponi's property. Should Council determine this is also a priority, full direction would have to be given in this regard. ATTACHMENTS: • Site map, Anderson property, page • Topographic map, Anderson property, page. • Background information on Anderson property, inclu i previous grant awards, property information, other considerations, and Commission alternatives, pages ~ to ~Q. • Excerpt of "Morning After" recap of APrC action regarding this item, page ~. • Attached on pages through ~ is correspondence from the FOPEP dated February 26, 2003. '75 Item: /~-/~ FU PEP Ra~ues~ Iy f . r. <J+ ,,. - ~ ® { ., -,.._. ~1r-:1 al 1, AttaChlllelll . ~~. ~ ~ _. ° ce: • • • < _ / ir;a~~ .moo % ~ ~ -~ • ~' • I ~ • r ~ v i a ~ n •~~ ~ ', i ~ \ ..J ~ as ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~ r f i ~~ .j - r ' ~ ~ r t -- - ~~ ncss-ac.o _ nercc-' ac°= ~ - •• 'V .j.l ( ~ ~ •~ ~r , ~ i . aJ r . t~^ a r ^ ~' ~~ ~ a ~ r , ~ .. _ ~ ~~j ~! ~-~-+;~- _ ~ . e .I . . r r ~ ~• r . i a . i .. + ,,, r • a ~ o a y - T o~ r~ • ~•y _ • , + ~ ¢ ~ a ~ ~I Anderson Parcel ;cY~~__ ;.I..AS,,',,r~•e" a~=~.a.n.s.~.. y~:•!.i-~''~ 't ..~- av\~~~9a1. erg.+'_' ~~ - Eagan i e , ~ i !---~ _ ! ~--~ ~ W ' ~ ~I ~ ~ a~ ~. ~. - ' w ~ "~~ I i _ , ~• ~y ~ , No hark ' 4 6 ~ P kEag P rk ~ >2+' ~ ~ 1~ + • .. a i \ ~, ~CF -~ ~ L e f _ '~ ~ ~ ---? - ~s ¢ _ '~ ~ ¢ y ; ~ I _ ',, :'. ! `. ~!";...y.. - r'. it _ •, a _ 1 ~ ~ _r F I I ~C S a r, NO JO iD~FLEv RCaOi _ I 11 ~~ i I t 1 ~1 k ~ 1 i _ ti Jr~ ,~ Y ' ~-ri t-r a '41-r. ~~ --jW ~i ~ ~i f Bala ~a ~~rau~~aaA :'.. ~ ~ ' f J ~ ; r = ~ v ~ ' ' •ff ,, , ; ~ ~ T~ t . Carlson Lake Park • i ~ ~ ..~ :~ ~ ` 't ~ }• ~, ~,: y f ~ *'~ :.~-: ~ v , ' . ~' "~' ~ , ~ '-~ ~ r ~~~ Goat Hill Park ~ r~ ~ r c '~ . ~ ~ :Z Anderson Pro ert Lagntl p Y " ~ 6~ ~tl.~s Location Map ~ --'Pa~~e "~2 ~~ -- oar. \ __ titV OF CPVM Item: K--/~ FOPEP Requ~sf Anderson Property N - 7 E4,gicn Cornour _ Rp~C EOpe Elevation Map ///~~~ //~~ '~ ~°'"° a P.rp,l ern. Waur a~yaaoov, ~ ~~ MEMn Packs and Rec:eatioa Drate: February 13, 2003 A~eada Item: K-1; FOPEP Request Attica Information X Attaehmeab X 1. Location Map 2. May 1997 ARC memo 3. Tope map of property 4. Priority List 5. Memo re Dakota Coven AGENDA ITEM: K-1; FRIENDS OF PATRICK EAGAN PARK FUNDING REQUEST ,~ TO: ~ ADVISORY PARKS COIVIIVIISSION PREPARED BY: KEN VRAA, DIRECTOR OF PARKS AND RECREATION ITEM DESCRIPTION: Background information pertinent to Friends of Patrick Eagan Park request. BACKGROUND OF REQUEST Mr. Jack Conrad requested to be placed on the February agenda, stating, "Friends of Patrick Eagan Park will request that the Parks Commission ask the City Council to become actively involved in providing Metro Greenways with the information they have requested to complete the award [land appraisal figlae, notice that the property is on the City's acquisition list, letter of intent from the City on its desire to partner with the State (and County) to preserve the property, etc]. This request is based on the fact that the Anderson Property is on the Parks Commission'stop-ten list of designated acquisition sites and that the Metro Greenways Work Group has tentatively ear-marked funds in the six 5gure range for the Eagan acquisition project. Final Metro Greenways authorization of those funds will depend on the timely response of Eagan's elected officials." The Friends of Patrick Eagan Park submitted a grant request to the Minnesota DNR to provide funds to assist in the acquisition of the Lee and Laurel Anderson property adjacent to northeastern Patrick Eagan Park. They are requesting the Parks Commission recommend to City Council that the City take formal steps in providing materials and formal support to a possible acquisition, should the grant be awarded. A location map of the Anderson property can be seen in Attachment 1. ffiSTORY OF GRANT AWARD AT ANDERSON PROPERTY In 1996, the City was offered grant funds to apply toward the cost of acquiring part of the Anderson property. The acquisition price for 1.86 acres was given, in 1996, as $46,000. At the time of the $26,900 grant award, the APrC recommended it not be accepted'. The primary question was the appraised value of the property, and what actual value the piece would add to the park The grant was fumed down by the City Council based on the recommendation by the APrC in May of 1997. Attachment 2 is the original APrC packet memo, including graphic of the piece of Anderson property under consideration. ' Recording Secretary's notes, Regular Meeting of the Advisory Parks Commission, May S, 1997. ?,~ PROPERTY REVIEW- ANDERSON PARCEL The Anderson property is at a lower elevation, making development into a subdivided residential azea difficult (Attachment 3). The piece may require an individual lift station for sewer. Sanitary sewer would have to cross park property from the Methodist Church location. The sanitary sewer line location would have an impact on potential uses for the segment of pazkland. If this piece were to be sold for development, it is likely the City would require a pazk land dedication rather than payment in lieu. In the event that the pazcel develops, the: City would be given at Ieast an approximately .5 to 1 acre pazk land dedication. This would be given to the City at no cost, and added to the acreage of Patrick Eagan Pazk. At this time, the City is unawaze of any plans by Mr. Anderson to sell his property for subdivision. CONSIDERATIONS APrC Priority List In eazly 2002, the APrC again completed a "Priority List" for pazkland acquisition, shown in Attachment 4 (A full-size version is available upon request). The "Priority List" is meant to serve as a guideline for property acquisition issues if and when they arise. Recent McCarthy and Caroni Discussion The City was notified in eazly February by Dakota County that Mr. McCarthy, who also owns property adjacent to Patrick Eagan Pazk, has preliminarily discussed opportunities to partner with the City and County in the purchase of his property. Mr. McCarthy's property appeazs higher in the APrC Priority List than the Anderson piece. Not listed on the "Priority List," but something the APrC should consider is recent conversations with Mr. Caponi, who owns property to the south of the pazk, about a similar partnership or acquisition. Mr. Caponi has recently discussed with the City and Macalester College a possible partnership opportunity for the Art Pazk. In both cases, there potential for involvement by Dakota County in light of the recent passing of the Open Space referendum by voters. This project would identify and take steps to acquire open spaces and donated conservation easements. The County anticipates having public open houses and comment periods in May and June, and completing the project by late summer or fall. It may be prudent for the APrC to consider following this process closely. Attachment 5 shows Dakota County's anticipated timeline and McCarthy discussion. Metro Greenway Study/Dakota County SWCD The City is currently entering into a Metro Greenways study of its own with the Dakota County Soil and Water Conservation District to refine the Minnesota Land Cover Classification System data, specifically to identify specific pazcels that enhance the greenway through central Eagan. This will help the APrC identify strong natural resources that enhance the greenway and identify priority parcels for possible acquisition based on a technical data set. The results of this study aze anticipated to be complete in the summer of 2003. Aaaraisal Request City policy states that the actual appraisal document is not public information, and can not be distributed to the Friends. Since Friends of Patrick Eagan Park is not acity-affiliated group, distributing the appraisal information would be violating City policy, as confirmed by the Director of Administrative Services. However, the appraisal of the Anderson property was done in conjunction with the Golf Course Exploratory study in 2001 and eazly 2002. At that time, Committee members were provided cone-page handout summarizing a "windshield" appraisal. This handout is public information, and may be distributed to members of Friends of Patrick Eagan Park. Financial Imaact The Friends of Patrick Eagan Pazk have informed the City that the acquisition grant may range in the six figure azea. No specific dollaz amount was identified at the time of writing. The terms of grant award typically requires the City to commit to a cash match of at least 50%. The APrC may want to consider potential impact to CIP acquisition funds and receive a specific dollar amount to apply against those funds (it is likely the money would come out of the Park Site Fund) before recommending commitment to formal or financial support. DISCUSSION Eagan's Park System was built in part with the assistance of grant funds. Opportunities to enhance pazks should never be dismissed causally. Grant opportunities should be looked at carefully to determine the benefits to the overall pazk system and open space resources. Given the limited funds available within the CIP for acquisition, and the recent potential for discussion with Mr. McCarthy and the Caponis, it may be beneficial for the Parks Commission to weigh the benefits of acquisition of Anderson's property against benefits of possible McCarthy or Caponi acquisition. As noted, new priority parcels may likely be identified as part of the SWCD Metro Greenway Study as well, based on the technical assessment of the Minnesota Land Cover Classification System. Friends of Patrick Eagan Park have noted that the "Metro Greenways Work Group has tentatively ear-marked funds in the six figure range for the Eagan acquisition project." If this Metro Greenways group is a faction of the DNR rather than a group from Friends (this was not specified), and there are funds earmazked for Eagan acquisition despite the state funding crisis, the question is raised as to whether these funds could be used for acquisition of parcels identified as "priority" by the City's Metro Greenway study or the Dakota County Farmland and Natural Area Land Protection study. ALTERNATIVES FOR COMMISSION CONSIDERATION 1. Approve the Friends of Patrick Eagan Park request that the Pazks Commission recommend City Council become actively involved in providing Metro Greenways with the information they have requested to complete the award, save for the appraisal documents, which can not, by City policy, be released to the public. 2. Not recommend support to the Friends of Patrick Eagan Park request that the Parks Commission recommend City Council become actively involved in providing the requested materials, save for the appraisal documents, which can not, by City policy, be released to the public. 3. Refer issue to the Acquisition and Development subcommittee. ~%' ~ EXCERPT FROM "MO1tNING AFTER" APRC RECAP, FEBRUARY 13, 2003 REGULAR MEETING. New Business Friends of Patrick Eagan Park Funding Request T'he Friends of Patrick Eagan Pazk requested the APrC consider recommending City support for a grant application to acquire the Anderson property adjacent to Patrick Eagan Park. Commission Action The APrC voted unanimously to recommend Council tend their support. The motion also included: • Dedication of $100,000 or 25% of the cost (whichever is greater) from Park Site Fund monies. • Direction for staffto work on a Natural and Scenic Area grant application (note: grants must be approved by Council before they can be submitted), • Direction for staffto work with the Trust for Public Land on a land appraisal for the Anderson property, and • Pursue Dakota County Open Space Referendum funds, along with other supplemental funding sources. 8~ Friends of Patrick Eagan Park www. friendsofpatrickeaganpazk.org Eagan City Council Members Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 February 26, 2003 Dear Mayor Geagan and Eagan City Council Members: For the past year, Friends of Patrick Eagan Park (FOPEP) has demonstrated its ability as a volunteer citizens' group, to educate the public, organize its resowces and facilitate the preservation and expansion of the Eagan Core Greenway. We've accomplished these goals through the promotion of citizen awareness, the submission of grant applications, and creative partnering with key regional agencies. To date, we have overcome significant challenges. Yet, in addressing each of them, FOPEP has respected proper procedures in a manner that has forged allies rather than enemies. Our quest has been and will continue to be to provide cooperative support and constructive information founded on facts. From the beginning, FOPEP strove hazd to pursue the most widely beneficial path, for example, by requesting that the City Council itself conducts its own open space survey, even though Dakota County's own survey indicated that open space was a citizen priority. As a result of our advocacy, we learned that 82% of Eagan residents held that open space is an important or somewhat important issue for city leadership to address. Recently, FOPEP has been questioned as to why ow group chose to focus on the Anderson parcel for ow first preservation effort. We offer this practical response: ~~ 1. Why not pursue the McCarthy Property? -For the past 18 months, Mr. McCarthy's property has been the subject of a lawsuit. We understood that until the court made its ruling, any interference from outside parties could lead to further lawsuits from the developer. Furthermore, Mr. McCarthy instructed all parties to wait until the court made a decision before furthering discussions. 2. Why not the Caponi Property? - As a citizen group, we realized the Caponi property and its proposed subdivision represents a complex equation. With Macalester College and potentially the McKnight Foundation involved, we understood that this would be an intricate negotiation process, hazdly a straightforward initial project for local groups like FOPEP. We aze still under the assumption that Mr. Caponi's tax-exempt status requires his nonprofit foundation to repurchase the property back from the Caponi's to secure the long-term use. We understand that Mr. Caponi must form a new board to accomplish this transaction. As an active group, we have recruited three competent and dedicated volunteers who are local citizens interested in contributing to the new board and we remain willing to assist Mr. Caponi and the Boazd as much as we aze able. 3. Why the Anderson Parcel? -Friends of Patrick Park Eagan Park recognize the scope of our land acquisition experience. For that reason, and those listed above, we chose a smaller, less complex property, without the intricate and convoluted partnering processes that the Caponi and McCarthy properties appear to require. Our members realized that the Anderson pazcel was unencumbered. Thus, the simplest piece to pursue at this time. As the Caponi negotiations continue, the McCarthy lawsuit settles, and Dakota County organizes for applications for referendum dollazs, this small, but valuable greenway piece, met our abilities and selection criteria. In addition, Friends of Patrick Eagan Pazk view these efforts to secure the Anderson pazcel as a special opportunity to: a) Establish long-term partners at the State, County, and local levels, and b) Demonstrate to future prospective "investors" that we have mastered the process of securing such critical acquisition funding. At this point, our lazgest concern is that the City will consider our first attempt as an "Either -- Or" scenario; that is, if we focus our energy on the Anderson parcel, we will be unable to successfully partner to secure the McCarthy or Caponi properties down the line. This perspective is shortsighted and limiting. Were this $3 viewpoint espoused, the long-term process of "exhausting possibilities" within the Eagan Core Greenway would be harmed, if not derailed. We believe that the effective relationships established by the FOPEP, would be forever tarnished should such an "Either -- Or" perspective poison the process. We therefore ask that City Council and City Staff acknowledge the intensive year-long effort made by FOPEP, and avoid turning down grants & partnering opportunities, and, in general, sending a message to Dakota County that would limit further acquisition requests for the key parcels surrounding the "crown jewel" of Eagan. What has Friends of Patrick Eagan Park accomplished in the last year? 1. FOPEP lobbied for two grants for the Eagan Core Greenway: ^ The Metro Greenways Program awarded an environmental study grant and has been matched by the city. FOPEP coordinated an arrangement with the Dakota County SWCD to ensure the dollars are spent wisely; ^ The Metro Greenways' Work Group has recommended an acquisition grant for the Anderson property of $100,000. 2. FOPEP achieved regional recognition for the Eagan Core Greenway by having the McKnight Foundation's "Embrace Open Space" Campaign showcase the Eagan Core Greenway as one of the Twin Cities "Top Ten [Natural] Treasures" with Patrick Eagan Park representing its "crown jewel." 3. FOPEP invited the Sierra Club's North Star Chapter to commence its fall bicycle tour and presentation series (called "The Tour de Sprawl-the Search for Open Space and Community ") at Patrick Eagan Park, obtaining additional positive publicity for the distinct features of both the Park and the Greenway. 4. FOPEP encouraged the Eagan Parks Commission and the Eagan City Council to pass resolutions acknowledging the importance of the Eagan Core Greenway to the community and to the environment. 5. FOPEP requested Dakota County Commissioner Nancy Schouweiler to provide due diligence by being an active member in this ongoing process. She recently spoke at the Metro Greenway s grant presentation and at the Eagan Parks Commission meeting. Commissioner Schouweiler's testimony on the Anderson property meeting several important County Referendum selection criteria may have swayed some members of the Parks Commission to support the initiative. ~~ 6. FOPEP advocated that the Eagan Advisory Parks Commission recommend that the City Council moves forwazd with an appraisal of the Anderson parcel, then submit an application for the DNR's Natural & Scenic Areas grant and match the Metro Greenways grant of $100,000 through the parks dedication fund [currently up to $500,000 is allotted for land acquisitions]. 7. Upon Council approval, the Trust for Public Land (TPL) has agreed to coordinate and (i) pay for the appraisal, (ii) place an option on the property, (iii) complete a survey and (iv) conduct any environmental studies needed for the Anderson acquisition. We hope you will agree the incredible partnerships we have made aze invaluable to ultimately realizing all the possibilities within the Eagan Core Greenway. As we continue to gain experience and prove that our citizen volunteer group is an effective, valuable, partnering resource, we look forward to addressing the more complex pazcels within the Eagan Core Greenway. Therefore, the Friends of Patrick Eagan Park, enthusiastically requests your continued support to achieve all the possibilities in Eagan's Core Greenway by approving the Park's Commission recommendations. Thank you for your time and cooperation. Respectfully submitted; ~~ i `- ~ jL ~~ ~ ~r~~ ~~;~ j~~,~ . ~ Jack Conrad Susan G Laura Hedlund J i Friends of Patrick Eagan Park Cc: Mayor Pat Geagan Council Member Peggy Carlson Council Member Cyndee Fields Council Member Meg Tilley Council Member Mike Maguire City Administrator Tom Hedges ~s Agenda Information Memo March 4, 2003 Eagan City Council Meeting B. CONSIDER REVOCATION OF INTERIM USE PERMIT -CITY OF EAGAN ACTION TO BE CONSIDERED: - To direct the City Attorney to prepare Findings of Fact for Revocation of an Interim Use Permit (IUP) issued to Jim Oberg for property located in the SE '/4 of Section 36, PID 10-03600-021-79. OR - Take no action. FACTS: - The City Council set the March 4, 2003 hearing date at their regular meeting of February 18, 2003. - Mr. Oberg has been notified of the schedule. - An IUP for outdoor storage was approved on October 1, 2002, subject to conditions. - The conditions required that all refuse items (items on the site included pallets, tires, batteries, plastic 5-gallon buckets, cardboard boxes, and birdcages) were to be removed from the property and disposed of properly by October 31, 2002. - The conditions also required items (vehicles, semi-trailers, scrap metal, pallets, excavation equipment, and vehicle parts) to be placed in the storage area by November 31, 2002. An inspection of the site was conducted on December 2, 2002 and it was discovered the transfer of items into the storage area had not occurred. A notice of noncompliance was sent to Mr. Oberg on December 3, 2002. - A follow-up inspection was conducted on February 4, 2003 and refuse items noted on the site included broken pallets, barrels, brush/tree refuse, lumber and vehicle parts. Remaining items such as heavy equipment pieces, utility trailers, and scrap metal had not been moved into the storage area. ATTACHMENTS: (1) October 1, 2002 City Council Minutes on page ~. 8'6 Eagan City Council Meeting Minutes October 1, 2002 Page 5 The pylon sign shall be set back at least 10 feet from all property lines, and shall not exceed 27 feet in height or 125 square feet in sign face area. INTERIM USE PERMIT-JAMES OBERC City Administrator Hedges introduced this item regarding a request for an Interim Use Permit to allow outdoor storage on property located south of Red Pine Lane between Highway 3 and Biscayne Avenue. Senior Planner Ridley gave a staff report. ' Councilmembers and the applicant, James Oberg, discussed the material to be used on the driveway and storage area and the proposed length of the interim use permit. Mayor Awada stated she was not in favor of the permit being approved for two years. Other Councilmembers commented on the advantages of having the area cleaned up and the transitional nature of the storage. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve an Interim Use Permit to allow outdoor storage on property located south of Red Pine Lane between Highway 3 and Biscayne Avenue in the SE '/< of Section 26 subject to the following conditions: Aye: 4 Nay: 1 Mayor Awada opposed. 1. The permit shall terminate upon the earlier of development of the property or October 1, 2004. Tl~e interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunit. to be heard. 2. The applicant shall apply for and obtain a grading permit for the proposed site preparation work prior to commencement of any grading activity. 3. Ali site grading improvements shall be constructed outside the existing drainage easements on the site and should not interfere with existing drainage patterns on the site or within Gun Club Road right-of- way. 4. A minimum 30-foot undisturbed buffer shall be maintained from the delineated edge of the wetland. Erosion control shall be established and maintained in compliance with the recently adopted erosion control ordinance. 5. The proposed storage shall be located so that it does not encroach into any wooded areas, and no significant trees shall be removed to accommodate the proposed outdoor storage The wooded areas shall be accurately identified on the plans for grading permit and protected from grading activities in accordance with the required protection measures in the City Code. 6. The existing driveway shall be graded and resurfaced along with the storage area. 7. This Interim Use Permit pertains only to the vehicles, trailers, and construction equipment, specifically, four trailers, four pieces of equipment and 40 pallets for parts. 8. All vehicles stored on the property must be currently licensed and operable, and all equipment must be in good repair. 9. All refuse items shall be removed from the property and disposed of properly by October 31, 2002 and the remaining items shall be placed in a storage area by November 31, 2002. PLANNED DEVELOPMENT AMENDMENT A.B. SYSTEMS, INC. City Administrator Hedges introduced this item regarding a Planned Development Amendment to amend the use of Lot 2, Block 1, Oak Cliff 9`h Addition from a liquor store to a 15,000 square foot two story corporate office building, located south of Super America and east of Royal Cliff on Slater Road. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to amend the use of Lot 2, Block 1, Oak Cliff 9`h Addition from a liquor store to a 15,000 square foot two story corporate office building, located south of Super America and east of Royal Cliff on Slater Road in the NW '/, of Section 31 subject to the following conditions. Aye: 5 Nay: 0 8~ Agenda Information Memo March 4, 2003 COMMUNITY CENTER UPDATE ACTION TO BE CONSIDERED: To consider the following recommendations of the Operations Committee: 1. Bandshell: The Committee is recommending that the bandshell be named "The Eagan Bandshell at Central Park". 2. Community Center Logo: The Committee is recommending that the Council review the Community Center logo that will be presented by Communications Director Garrison at the March 4 City Council meeting. FACTS: The committee discussed naming the bandshell and recommended not giving the bandshell a specific name; rather, suggested the bandshell be known as the Eagan Bandshell at Central Park. The committee discussed recognizing the Rotary Club's sponsorship of the bandshell by noting their name on an event calendar/marquee. Communications Director Garrison will present a revised Community Center logo (per Committee direction) for the City Council's review. 8g AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER MARCH 4, 2003 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVAL OF MINUTES 90 1. February 4, 2003 EDA meeting D. NEW BUSINESS p 9.31. Approve Purchase Agreement - 3986 Cedar Grove Parkway (Delta Development) P~o6 2. Schedule Special EDA Meeting -March 18, 2003 E. ADJOURNMENT 89 Agenda Information Memo March 4, 2003 Eagan Economic Development Authority Meeting C. APPROVE MINUTES OF FEBRUARY 4 2003 REGULAR MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY ACTION TO BE CONSIDERED: To adopt a resolution approving minutes of the February 4, 2003 special EDA meeting. ATTACHMENTS: • Minutes are attached on pages t~re~g~r- • Resolution is attached on page 90 MINUTES OF A REGULAR MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota February 4, 2003 A meeting of the Eagan Economic Development Authority was held on Tuesday, February 4, 2003 at the Eagan Municipal Center. Present were Mayor Geagan and Commissioners Carlson, Fields, Maguire and Tilley. Also present were Executive Director Tom Hedges, Assistant City Administrator Jamie Verbrugge, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty, Administrative Secretary / Deputy Clerk Mira McGarvey. ADOPT AGENDA Commissioner Carlson moved, Commissioner Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVAL OF MINUTES Commissioner Fields moved, Commissioner Tilley seconded a motion to approve the minutes of the January 21, 2003 Economic Development Authority meeting. Aye: 5 Nay: 0 ADJOURNMENT The meeting adjourned at 7:37 p.m. Date Executive Director If you need these minutes in an alternative form such as large print, Braille, audio tape, etc, please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600 (TDD phone: (612) 454-8535. The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. pi EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING MINUTES OF FEBRUARY 4, 2003 REGULAR MEETING BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the minutes of the February 4, 2003 regular meeting of the Eagan Economic Development Authority. Motion by: Seconded by: Those in Favor: Those Against: Dated: CERTIFICATION I, James Verbrugge, Secretary/Assistant Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a special meeting thereof assembled this 4th day of March, 2003. James Verbrugge, Secretary pa Agenda Information Memo March 4, 2003 Eagan Economic Development Authority Meeting D. NEW BUSINESS 1. APPROVE PURCHASE AGREEMENT - 3986 CEDAR GROVE PARKWAY (DELTA DEVELOPMENT) ACTION TO BE CONSIDERED: To adopt a resolution approving a purchase agreement with John and Dianne Lachenmayer for the single-family residential property at 3986 Cedar Grove Parkway in the Delta Development project area of the Cedar Grove Redevelopment District. FACTS: • The Eagan City Council and the Eagan Economic Development Authority approved a development agreement with Delta Development for 230 units of town-homes and village-homes in the Cedar Grove Tax Increment Financing (TIF) Redevelopment District #l. Per the terms of the agreement, the EDA agrees to acquire property from willing sellers in advance of development within the Delta project area. • The property owners, John and Dianne Lachenmayer, have agreed to an acquisition price of $284,900. The price was established through the analysis of comparable properties. The comparative analysis was performed by the City's acquisition/relocation consultant, Wilson Development Services. • The developer has agreed to pay $250,000 for the land at the time of transfer and will also pay for the demolition of existing structures. The remaining $34,900 is TIF- eligible expense that the EDA may recover through the collection of future tax increment. • The purchase agreement sets a deadline of April 1, 2004, to close on the property. The Lachenmayers have indicated a need for additional time to remain in the property while they search for replacement housing. The Lachenmayers have experienced significant uncertainty over the past 4-5 years related to redevelopment and sought approval of an acquisition as early as possible to plan for the transition. The closing will be set to coincide with their departure. The property is located in Phase II of the Delta project area and is not likely to see work commence until late 2004. ATTACHMENT: • The resolution is attached on page • The signed purchase agreement is attached on pages ~ through • A letter from Delta committing to a purchase price of $250,000 is on page~~ 93 EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION TO APPROVE A PURCHASE AGREEMENT WITH JOHN AND DIANNE LACHENMAYER FOR THE SINGLE-FAMILY RESIDENTIAL PROPERTY AT 3986 CEDAR GROVE PARKWAY IN THE DELTA DEVELOPMENT PROJECT AREA OF THE CEDAR GROVE REDEVELOPMENT DISTRICT BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve a purchase agreement with John and Dianne Lachenmayer for the single-family residential property at 3986 Cedar Grove Parkway in the Delta Development project area of the Cedar Grove TIF District No. 1. Motion by: Seconded by: Those in Favor: Those Against: Dated: CERTIFICATION I, Jamie Verbrugge, Secretary/Assistant Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a special meeting thereof assembled this 4`h day of March, 2003. James D. Verbrugge, Secretary 9f PURCHASE AGREEMENT The undersigned, EAGAN ECONOMIC DEVELOPIVIENT AUTHORITY, hereinafter referred to as "Buyer", hereby agrees to purchase from JO)!•L'~1 R. LACHENMAYER and DL~NNE L. LACHENMAYER, husband and wife, hereinafter referred to as "Sellers", interest in real estate located at 3986 Cedar Grove Parkway, Eagan, Minnesota 55122 and legally described as follows: See legal description on Exhibit A attached hereto (the "Real Property"), upon the terms and conditions hereinafter set forth: 1. Personal Property Included in Sale. The following items of personal property and fixtures owned by Sellers and cutTently located on the Real Property, if any, ("Personal Property") are included in the sale: garden bulbs, plants, shrubs, trees, storm windows and inserts, storm doors, screens, awnings, window shades, blinds, curtains-traverse-drapery rods, attached lighting fixtures with bulbs, plumbing fixtures, sump pumps, water heaters, heating systems, heating stoves, fireplace inserts, fireplace doors and screens, built-in humidifiers, built-in air conditioning units, built-in electronic air filters, automatic garage door openers with controls, television antennas, water softeners, built-in dishwashers, garbage disposals, built-in trash compactors, built-in ovens and cooking stoves, hood-fans, intercoms, installed carpeting, work benches and security systems. The Real Property and Personal Property together constitute the entire property contemplated by this transaction ("Property") Prior to vacating the Property, Sellers shall remove all items of Personal Property not included in the sale. Sellers shall also remove all hazardous materials, including but not limited, all tires, batteries, chemicals, etc. prior to vacating the Property. 2. Purchase Price. The purchase price for the Property shall be Two Hundred Sixty- Four Thousand Nine Hundred and No/100 Dollars ($264,900.00). In addition to the purchase price, Sellers shall receive relocation benefits totaling Twenty Thousand and No/100 Dollars ~~ ($20,000.00), as itemized in Exhibit B attached hereto. The relocation benefits shall be offset by any amount Sellers owe to Buyer under this Purchase Agreement, including, but not limited to, unpaid utility, maintenance and repair costs incurred prior to transfer of possession to Buyer; costs and expenses of any unlawful detainer action to evict the Sellers from the Property: and costs end expenses related to any damage to the Property prior to transfer of possession to Buyer or any salvage of the Property except as provided in the Purchase Agreement. The net relocation benefits shall be paid directly to Sellers within sixty (60) days after the date of closing. 3. Pavment of Purchase Price. The purchase price shall be paid in cash or certified funds on or before the date of closing. 4. Title and Remedies. The Sellers shall, within a reasonable time after execution of this Agreement, furnish an Abstract of Title, or a Registered Property Abstract certified to date to include proper searches covering bankruptcies and state and federal judgments and liens or, if no abstract can be located, Sellers may provide a commitment for an ALTA Owner's Policy of Title Insurance for the full purchase price. The Buyer shall be allowed ten (10) days after receipt thereof for examination of said title and the making of any objections thereto, said objections to be made in writing or deemed to be waived. If any objections are so made, the Sellers shall be allowed 120 days to make such title marketable. Pending correction of title, the payments hereunder shall be postponed, but upon correction of title and within 10 days after written notice to Buyer, the parties shall perform this Agreement according to its terms. If said title is not marketable and is not made so within 120 days from the date of written objections thereto as above provided, this Agreement shall be null and void, at the option of the Buyer, and neither party shall be liable for damages hereunder to the other party. All earnest money theretofore paid by the Buyer under this Agreement shall be refunded. If the title to said 2 q6 property shall be found marketable or shall be so made within said time, and Buyer shall default in any of the agreements and continue in default for a period of 10 days after written notice to Buyer, then Sellers may terminate this Agreement and on such termination all the payments made :upon this Agreement shall be retained by Sellers and by their agent, if any, as their respective interests may appear, as liquidated damages, time being of the essence hereof. 5. Right-of-Entry. Buyer may enter upon the Real Property for the purposes of making soil tests and/or any other tests contemplated by its proposed use of the Real Property. 6. Real Estate Taxes. Real Estate taxes for all years prior to the year of closing shall be Sellers' responsibility. Real estate taxes due and payable in the year of closing shall be prorated to the date of closing. Buyer shall be responsible for real estate taxes payable in all years subsequent to the year of closing. 7. Special Assessments and Development Char es. Sellers shall be responsible for any special assessments levied as of the date of this Agreement. 8. Contingencies. This Purchase Agreement shall be contingent upon the approval of this Purchase Agreement by the Eagan Economic Development Authority and the results of any environmental tests to be conducted by Buyer before closing, including but not limited to, a Phase I environmental study. If Buyer in its sole discretion is not satisfied with the results of such environmental tests, Buyer shall give notice to Sellers and this Purchase Agreement shall become null and void. 9. Closing. The closing shall take place on or before April 1, 2004, at the offices of Severson, Sheldon, Dougherty & Molenda, P.A.; 7300 West 147`s Street, Suite 600; Apple Valley, Minnesota 55124, or at another location mutually agreed upon by the parties. The Sellers shall notify Buyer in writing that Sellers desire to close the transaction, whereupon Buyer 3 9~ shall schedule the closing for a mutually agreed time and date, which shall be no more than 45 days after receipt of Sellers' notice. 10. Obligation of Parties at Closing. The Sellers and Buyer shall do the following at the closing: ' A. Sellers shall: i. execute and deliver a Warranty Deed conveying fee title to the Property to the Buyer, free and clear of all liens and encumbrances, subject to the following: (A) Building and zoning laws, ordinances, and state and federal regulations; (B) Restrictions relating to use or improvement of the property without effective forfeiture provisions; and (C) Reservation of any mineral rights by the State of Minnesota; ii. execute the Waiver of Relocation Benefits attached hereto as Exhibit B; and iii. provide a certificate of liability insurance coverage in the amount of at least the full insurable value of the Property, naming the Buyer as an additional insured. B. Buyer shall: i. make the necessary payments as required under Article 2. C. Each party shall execute such other instruments, certificates and affidavits as the other party's attorney reasonably may request. D. Sellers shall be responsible for abstracting fees charged by any title company. Buyer shall be responsible for all other costs charged by any title company, including any payment of state deed tax, closing fees and courier fees. 11. Real EstateBrokeraae. Sellers shall be responsible for any real estate or brokerage commission that is payable in connection with the sale of the Property. 12. Notices. Any notices under this Purchase Agreement shall be delivered personally or mailed to the respective parties by registered or certified mail, return receipt requested, at the following respective addresses: 4 3a' To the Sellers: John R. Lachenma er and Dianne L. Lachenmayer 3q 86 LE~Ae ~Q~vC PA21cwI~Y A 6 4 ~ M.N SS 1ZZ ~, To the Buyer: Eagan Economic Development Authority Attn: Thomas Hedges, Executive Director 3830 Pilot Knob Road ~ Eagan, MN 55122 With a Copy to: Robert B. Bauer, City Attorney Severson, Sheldon, Dougheny & Molenda, P.A. 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 13. Headings. The headings contained herein are for the purpose of convenience only and are not intended to define or limit the contents of the sections or paragraphs. 14. Salvage. Sellers shall have the right to salvage all appliances, all window coverings and the bathroom mirror located on the Property, provided, however, that the items removed by Sellers must not limit or in any other way affect Buyer's right to secure the Property. 15. Governing Law. This Agreement shall be deemed to be a contract under the laws of the State of Minnesota and for all purposes shall be construed and enforced in accordance with the laws of such state. 16. Heirs. Successors and Assi r~is. The terms, conditions and covenants contained in this Purchase Agreement shall extend to, be binding upon, and inure to the benefit of the respective heirs, successors and assigns of the parties hereto. 17. Possession. Sellers shall deliver possession of the Property, in "broom clean" condition, no later than two weeks after the date of closing. All utility charges shall be prorated to the Parties as of the date of closing. Sellers shall not be responsible for paying any rent to Buyer during the time Sellers remains in possession of the Property. Sellers shall, however, be responsible for the payment of all utilities and necessary maintenance and repairs subsequent to 5 99 the date of closing until possession is transferred to Buyer. Sellers shall also insure the Property for its full insurable value during the time that Sellers remain in possession and Sellers shall list Buyer as an additional insured on any such insurance policy. In the event that Sellers do not vacate the Property within fourteen (14) days after the date of closing, Buyer may immediately pursue an unlawful detainer action to evict the Sellers from the Property. In the event such action is commenced, Sellers agree to reimburse Buyer for any and all costs and expenses incurred in such action, including reasonable attorneys' fees. 18. Default: Remedies. If either party shall default in any of their respective obligations under this Agreement, the other party may, by written notice to such defaulting party specifying the nature of the default and the date on which this Agreement shall terminate (which date shall be not less than ten (10) days after the giving of such notice), terminate this Agreement and upon such date, unless the default so specified shall have been cured, this Agreement shall terminate. Termination of this Agreement shall be the sole and exclusive remedy of both Sellers and Buyer and neither party shall have the right of specific performance. 19. Well Disclosure/Sewer Septic Disclosure. Sellers certify that the Sellers-~e~-~et- ouE knows of ~q well on the Property. Sellers further certify that any sewage generated at the Property goes to a facility permitted by the :vlinnesota Pollution Control Agency. 20. Property Purchase "AS IS". Buyer acknowledges that the Property is being purchased "AS IS" and with all faults. 6 J~ /oz~ IN WITNESS WHEREOF the parties have executed this Purchase Agreement this ~-~ t H day of F" E d 2U A Q ~ , 2003. SELLERS: BUYER: EAGAN ECONOMIC DEVELOPMENT AUTHORITY John R. Lachenmayer ~vu~- Dianne L. Lachenmayer B y: Pat Geagan Its: President By: Thomas Hedges Its: Executive Director 7 /D/ EX~IIBIT A All that part of the Northeast Quarter of Section 19, Township 27, Range 23, Dakota County, Minnesota described as follows: Commencing at the Southwest comer of the Northeast Quarter of said Section 19; thence South 89 degrees 14 nunutes 20 seconds East on an assumed bearing along the South line of said Northeast Quarter, a distance of 1306.52 feet; thence North 33 degrees 06 minutes 20 seconds West, a distance of 373.00 feet to the point of beginning of the land to be described; thence North 56 degrees 53 minutes 40 seconds East, a distance of 139.75 feet; thence North 7 degrees 27 minutes 13 seconds West, a distance of 158.20 feet; thence South 82 degrees 32 minutes 47 seconds West, a distance of 147.88 feet; thence North 26 degrees 41 minutes 00 seconds West, a distance of 90.00 feet; thence North 33 degrees 06 minutes 20 seconds West, a distance of 60.00 feet to the centerline of Beau-D-Rue Drive; thence South 56 degrees 26 minutes 66 seconds West along said centerline, a distance of 85.00 feet; thence South 33 degrees 06 minutes 20 seconds East, a distance of 355.40 feet to the point of beginning. /~d Exhibit B WAIVER OF RELOCATION BENEFITS The undersigned parties, as owners/occupants of that certain real property located at :3986 Cedar Grove Parkway in the City of Eagan, County of Dakota, State of Minnesota and legally described as follows: All that part of the Northeast Quarter of Section 19, Township 27, Range 23, Dakota County, Minnesota described as follows: Commencing at the Southwest corner of the Northeast Quarter of said Section 19; thence South 89 degrees 14 minutes 20 seconds East on an assumed bearing along the South line of said Northeast Quarter, a distance of 1306.52 feet; thence North 33 degrees 06 minutes 20 seconds West, a distance of 373.00 feet to the point of beginning of the land to be described; thence North 56 degrees 53 minutes 40 seconds East, a distance of 139.75 feet; thence North 7 degrees 27 nunutes 13 seconds West, a distance of 158.20 feet; thence South 82 degrees 32 minutes 47 seconds West, a distance of 147.88 feet; thence North 26 degrees 41 minutes 00 seconds West, a distance of 90.00 feet; thence North 33 degrees 06 minutes 20 seconds West, a distance of 60.00 feet to the centerline of Beau-D-Rue Drive; thence South 56 degrees 26 minutes 66 seconds West along said centerline, a distance of 85.00 feet; thence South 33 degrees 06 minutes 20 seconds East, a distance of 355.40 feet to the point of beginning. hereby acknowledge receipt of the following relocation assistance in the total amount of Twenty Thousand and no/100 Dollars ($20,000.00) from the Eagan Economic Development Authority as full and final settlement for any and all relocation costs incurred by the undersigned in regard to the purchase of said property by the Eagan Economic Development Authority: $13,500.00 Comparable Replacement Housing Differential $4,000.00 Moving Allowance 2 500.00 Incidental Expenses for New Home $20,000.00 TOTAL and further waive the right to any additional relocation assistance, services, payments and benefits to which they otherwise might be entitled pursuant to Minn. Stat. § 117.52 or /43 under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended by the Surface Transportation and Uniform Relocation Assistance Act of,1987. t The undersigned parties further certify that the contents of this waiver have been explained to them, that they understand the terms and conditions thereof and that they are signing this waiver voluntarily. Dated: ~ °~ 7 03 John R. Lachenmayer Dated: °`~ a-~ Ja-6~-~-3 ~~`r'~c' `~ Dianne L. Lachenmayer /o}~, DELTA February 25,2003 Mr. Jamie Verbrugge Assistant City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN SS I22 Re: Nicols Ridge, Lachenmayer Property Dear Mr. Verbrugge, It is my understanding that the City is currently negotiating with John and Dianne Lachenmayer regarding the purchase of their property at 3986 Cedar Grove Parkway. This site would be a part of Phase 2 of the Nicols Ridge development. As part of your negotiations, you have requested a letter stating the purchase price for the parcel that Delta would agree to pay the City for the site. We agree to pay no more than $250,000 for the land and buildings. As per our development agreement, we will be responsible for removal of the buildings. The City will be responsible for other costs of acquisition. Sincerely, k Parranto Vice President Cc: Robert Bauer, Severson Sheldon P.A. REAL ESTATE DEVELOPMENT BUILDING 65t 454 t600 FAX 65t a5a 8943 3902 CEDARVALE DRIVE EAGAN, MN 55122 /dS Agenda Information Memo March 4, 2003 Eagan Economic Development Authority Meeting D. NEW BUSINESS 2. SCHEDULE SPECIAL EDA MEETING -MARCH 18, 2003 ACTION TO BE CONSIDERED: To schedule a special meeting of the EDA for March 18, 2003. FACTS: • The Economic Development Authority's regular meeting coincides with the first monthly meeting of the Eagan City Council. Any other meeting is considered a special meeting. • Staff requests that the EDA schedule a special meeting for March 18, 2003. There are several projects that may have time-sensitive issues needing to be addressed prior to the next regular meeting in April. /o~G DATE CITY OF EAGAN NEW .~ _ON SALE FEE 3x30 PILOT KNOB ROAD RENEWAL _OFF SALE FEE EAGAN, MINNESOTA 55122 TEMPORARY TEMPORARY FEE 125.00 APPLICATION FOR MALT LIQUOR LICENSE PLEASE PRINT i~ `~ APPLICANT ~J L107:C7 ~i 1l h 7(,1 C ~ih ~- U -, ~asU ^ (First) (Middle) A ~ / ~ "5 s S L ~ 3 ~` (Last) (F ) ~.. iddkj ddress , ~ U it i ~ , i ~ Aadress c ~-77 <7LiLL)~si,~i~~~ (Street) /~,/~~ J,~y~ t~Ct 1U (Street) /~/V S~~ Z~i / _ .~i 1 (GtY) ( ~ (State) (Zip) Ph ~ t~ -- ~, OBi tt ` ~~ t I ~ ~ // ~ d • ~ (City) J (State) CAP) one r i > e a t Phone Birthdate / DBA NAME /~7 ~ i \~^. L'1 T~ r'C-'~ P L7 MANAGER'S NAME ' Q ~ .L )L(t?7iC1 L~~~T~ ~ (C L" Last) (First ~ ~ (Middle) Address Address 4 ~ t~( ~ Sr_c~:l.r ~ ~U+2/J56 ; ,( ) ~. (CRY) ,- (State) (Zip) ~ ~ ~ " l ~l 0'> p (City) (State) (Zip) . hone Phone Birthdate HEREBY APPLIES FOR MALT LIQUOR LICENSE for the year ,from / to . (rtwrtthj (date) (month) (date) Ewrrt: Location: (tor temporary license) (Address) STRONG BEER' Yes No Applicants who have an on-sale wine license, and have 5096 gross earnings from food, may sell strong beer wRhout an additional license. Applicants who elect to sell strong beer must carry liquor liability insurance. Are you the actual proprietort Yes () No (~ Aro you the owner of the property of the business bcation? Yes.() No iao ont other iicenae of ...is kind been granted to ytw % Yes (j No (~ 'vYhtre (City) (Year) Are any taxes, assessments or utility bills for the premises unpaid or delinquent9 Yes () No.(~j If yes, give reason. During the past year, has a summons txen issued under the Liquor Civil Liability Law M5 340A.802? Yes () No (. ). If yes, attach summary copy. Have you ever been convicted? Yes () No,(~ City (Other than a traffic offense) K this a joint ownership or silent partnership? Yes () No ( ). If yes, please attach a IisUng of complete names, dates of birth, addresses and telephone numbers of everyone involved. 1 HEREBY VERIFY THAT THERE HAS BEEN NO CHANGE IN OWNERSHIP OR MANAGERS IN THE PAST YEAR THE LICENSEE HEREBY AGREES TO INDEMNIFY AND HOLD EAGAN HARMLESS FROM ANY AND ALL CLAIMS OR SUITS INCLUDING ATTORNEYS FEES AND OTHER DEFENSE COSTS, WHICH THE CITY OF EAGAN MAY INCUR BY REASON OF ANY ACTIVITIES ARISING FROM THE GRANTING OF THIS 3.T BEER LICENSE. I (we) HEREBY AGREE TO OPERATE SUCH BUSINESS IN ACCORDANCE WITH THE LAWS OF MINNESOTA AND THE ORDINANCES OF THE CITY OF EAGAN. THE FOREGOING STATEMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. AUTFIORIZED SK3NATURE ~ I h ~u (First) (FuN Middle) (last) J FOR CITY USE ONLY POLICE APPROVAL: YES ( V) NO ( ) SIGNED ~~_~~ ~ DATED _~'~~ d~ CITY COUNCIL APPROVAL YES ( ) NO ( ) SIGNED DATED: ~' ,~.k - PRIORITY BOOKING/RATES -Proposed Recommendation for bookings: • Rooms may be booked 6 months in advance. • If rooms are booked in connecting with a banquet room booking, the same timelines are honored as when booking the banquet room. (Residents can book up to 18 months in advance and non-resident can book 15 months in advance). • Fees will be charged for use of facility equipment (examples including, but not limited to: overhead, audio/visual, flip charts, etc.) • Gymnasium can be booked 6 months in advance. Weekend tournaments and special events, using two courts of the gym, can be booked 12 months in advance. • Board room: Set-up remains the same at all times; this room will not have a take down, turn around system. Meeting Rooms Meeting rooms are available to rent, during normal schedule building hours. Scheduling Priority 1 Community Center Programs 2 City of Eagan Events and Parks and Recreation Programs and Activities 3 Recognized Eagan Civic and Community Service Non-profit Organizations 4 Private Industry, Commercial, and Profit Making Organizations or Individuals who operate activities for profit not co-sponsored by the City. 1 meeting All 3 mtg. All 3 rooms/ Teen/Sr. or Board room rooms max (per 8 Perform. Rm Room 2 hr block 2 hr block hour da 2 hr block 2 hr bl Resident: $21.30 $58.58 $213.00 $74.55 $26.63 Non Resident &forprofit: $53.25 $138.45 $532.50 $138.45 $138.45 Reduced rate (if already book- ing full banquet room $15.98 $42.60 $13 3.13 - $42.60 $42.60 for 8 hours or more) x$26.63 Requires damage deposit of $150.00 Meeting Room Capacity = 20 per room Board Room, Teen or Senior Room Capacity = 60 - Does not apply to the teen and/or performance room -3~When renting only the East Room (nearest patio/windows) of the Lone Oak Room(s). (,vnrnasiurn Rates Scheduling Priority 1 Community Center Programs 2 City of Eagan Events and Parks and Recreation Programs and Activities 3 Recognized Eagan Civic and Community Service Non-profit Organizations 4 Private Industry, Commercial, and Profit Making Organizations or Individuals who operate activities for profit not co-sponsored by the City. Category 1 2 3 4 Publicized Rates: * 1 Court (per hour) $0 $20 $25 $50 *2 Courts (per hour) $0 $35 $50 $100 Non-Publicized Rates: OFull Gym (per hour) $0 $75 $100 $200 OFull Gym (per day/up to 8 hrs) $0 $300 $500 $1000 *Full gym rates may apply. Full gym rates will be charged if community center members are not allowed exclusive use on one court. ORates apply for weekend tournaments and approved special events. Requires damage deposit of $150.00 Exclusions: No small or large animal shows, wedding or church services, softball, baseball, batting practice, tennis, lacrosse, baton twirling, banquets/food service, and/or floor hockey. Other non-recognized events may not be permitted and are at the discretion on the community center manager. Arts and craft shows only permitted in the gymnasium if the banquet room is already booked. Atrium F'ee Groups who have already booked the banquet room can add the atrium space for an informal pre-function gathering. Fee: $250.00 Dai}y Fee Includes use of cardiovascular and weight training equipment, track, gym, and locker rooms. Drop-in fee: $10.00 ~'1%I em herslaip Includes use of the cardiovascular and weight training equipment, track, gym, locker rooms, and 2 free guest passes, per household, (each year). Member also receives reduced rates on fitness classes. These fees are based on being closed or having reduced hours on some holidays. Also areas of the facility may be block off/closed for approximately 14 days each year for facility maintenance. Member # 1 2 3 4 5 Enrollment fee $69 $10 $10 $10 $10 Monthly fee Resident/Corporate $29 $24 $24 $24 $24 Monthly fee Non-resident $34 $34 $34 $34 $34 Enrollment fee is reduced starting with the second individual who is added onto the membership. All persons must reside at the same address. Approved Fees: The Blast FEES: Daily Admission $5.00 (Youth ages 1 and up) Under 12 months Free Adults Free 10 Visit Punch Card Residents only $40.00 Group Admission 10 or more $4.26 per child Birthday' I'arfy Packages BIRTHDAYPACKAGE 1 1-10 party guests: $117.50 Each additional guest.• $11.75 This package includes daily admission to The Blast; our indoor playground, 1 % hours of party time in a birthday party room, a decorated birthday cake with candles, cake and ice cream, two pitchers of pop, t-shirt for the birthday child, invitations, paper products, utensils and balloons. BIRTHDAYPACKAGE 2 Add to above package, per guest: $3.00 Includes hot dog, chips, and special prize. The Oaks Banquet 1~2oom Sunday -Thursday North, Central or The Oaks South Oaks (capacity 350) (capacity 110) 8:OOam-llpm $200 $600 Sam-Noon $100 $200 1 - Spm $100 $200 6-1 lpm $100 $250 Friday 8:OOam - 12:30am n/a $600 Saturday 8:OOam - 12:30am n/a *$700 *$800 effective with any new booking beginning January 1, 2004. l: r (_c- Community Center Policies OPERATIONS COMMITTEE POLICY RECOMMENDATIONS The following policies were discussed in past Operations Committee meetings and are prepared for final consideration from the council. The policies shown below include staff's final policy recommendations. Additional policies will need to be added as circumstances warrant. Zero Tolerance Policy Purpose: The health, safety and well being of every patron utilizing the Eagan Community Center is our primary objective. Respect for the Eagan Community Center staff, patrons and the building is paramount. Policy: The Eagan Community Center shall enforce azero-tolerance policy with regards to negative participant conduct while on site, including, but not limited to, smoking in restricted areas, profanity, rowdy or disruptive behavior, fighting, mischief, *alcohol/drug/or other substance use or possession, unauthorized possession of a weapon or firearm. The Eagan Community Center staff shall be the sole judge of what constitutes negative conduct & behavior covered by this policy. The Eagan Community Center is a family based facility and all participants will be expected to govern themselves accordingly. Participants who exhibit negative conduct or behavior will be either temporary or permanent expulsion from the facility. The Eagan Community Center staff will involve the Eagan Police, when necessary, to enforce this zero-tolerance policy. *Alcohol may be served by the specified licensed liquor provider during a permitted rental event at the Community Center. Common Areas/Overall Building Policies • All children under age 10 are required to have adult supervision. • No organized meetings in common areas. • No red beverages allowed in the building. • No coolers or outside food/beverage, shall be allowed in the Community Center unless organized through Community Center staff. • No glass, unless authorized through the Community Center Staff. • No parties/gift opening or cake/cupcakes allowed in common areas. • No personal storage will be permitted in the building. • No personal boom boxes are permitted in the building. • A photo I.D. is required for checking out building equipment. Exchange of a valuable for equipment is not acceptable. • The City Council must approve all donations to the Eagan Community Center. All donations will become the property of the City of Eagan, upon acceptance by the City Council. • Zero Tolerance Policy: If a person breaks the policy, the Community Center staff has the right to ask the person to leave the building. • The Eagan Community Center reserves the right to deny admission to anyone who appears to be under the influence of alcohol or a controlled substance. • The Eagan Community Center reserves the right to deny admission to anyone bringing in weapons, devices intended for harmful cause or actions that demonstrate intent to cause harm. • The City of Eagan, nor its personnel, are responsible for items lost, stolen or left on site. Smoking • No smoking will be allowed inside the Eagan Community Center. • Smoking on the (outdoor) patio is permitted by those of legal age. Outside Food/Beverage Policy • No coolers, outside food/beverage, or glass shall be allowed in the Community Center unless organized through Community Center staff. Water bottles will be permitted. Display Cases • Any requests for the use of the display cases must go through Community Center staff. • The display cases should be changed every 3 months to ensure that they do not become stagnant. Lost and Found • All items turned in will be date tagged. Early Closure • Staff shall have discretion to close the facility in case of a building emergency or inclement weather. Customer Grievance • Any citizen issue/concern brought to a City Councilmember regarding the Community Center should first be directed to staff so that staff can work with the citizen to resolve the concern. Maintenance Days • The Community Center will block off dates for necessary repairs or maintenance of areas/equipment. Each area can be block off for up to 14 days per year, with areas being block off during their non- peak times. Membership fees reflect these blackout days. Community Center Policies February 5, 2003 Page 2 Banquet Rental Rules and Regulations Attached are the Banquet Rental Rules and Regulations that were approved by the City Council and are currently printed on the Application and Rental Agreement that must be completed by any person using the banquet facilities. Meeting Room: Decorations/Meeting Presentations • The Renter shall leave the room(s) and/or area(s) used in a clean, orderly fashion. No items shall be removed from the room. • The Renter assumes full responsibility for any damage caused or unlawful act committed in connection with the Renter's/User's use of the Eagan Community Center. • Sound levels for audio equipment are required to be controlled and maintained at a level set by Community Center management. • The City of Eagan is not responsible for items left on site. • No tape or adhesives shall be placed on the walls or furnishing. • Facility equipment (examples including, but not limited to: overhead, flip charts, etc.) will be rented to the user. Banquet Room(s) Separate policies -previously approved The Blast (Indoor Playground) • All children under age 10 are required to have adult supervision. • Unsupervised children, ages 12 and over, are not permitted in The Blast. • No food or beverages permitted in The Blast. • A hand stamp is required for admittance into The Blast. • No running or rough play is permitted. • Socks must be worn at all times. No shoes or bare feet shall be permitted. • Group Rates: 1. Two weeks advanced notice reservation required based on availability. 2. Group rates do not apply on school release days, weekends, and/or holidays. 3. A minimum of one adult supervisor for every ten children is required, to be present. Lone Oak Room • The senior programs and activities get booking priority for the Lone Oak Room during the hours of 8 a.m.-4:30 p.m., Monday-Friday. • If there are no senior or City of Eagan bookings in the Lone Oak Room, the room will be available to be rented. • Given the number of meeting rooms in the Community Center, the Lone Oak Room shall be the last room considered for rental. Community Center Policies February 5, 2003 Page 3 • No personal storage will be permitted in the Lone Oak Room. • The City Council must approve all donations to the Eagan Community Center. All donations will become the property of the City of Eagan, upon acceptance by the City Council. • All building and room keys are to be under the possession of Community Center staff only. Volunteer Services/Senior Programming All programming/events/services, volunteer or city staffed, offered at the community center, will be authorized and/or coordinated through city staff. Teen Center Staff is awaiting further direction on the programming/components to be included in the teen center before a usage policy is drafted. • A photo I.D. is required for checking out games, supplies, and building equipment. Fitness Area • Any person between the ages of 15-18 must go through an orientation session prior to using any of the fitness equipment. • A person must be 15 years of age or older to use the fitness center and track. • Water is the only permitted beverage allowed in the fitness center areas. • All available exercise equipment will be provided by the community center (i.e. hand weights, tubing, balance balls, mats, etc.) Outside exercise equipment will not be permitted. • Patrons are permitted to bring their own personal basketball and volleyballs; however, the facility is not responsible for theft of these items. • All individuals using the fitness area must be a member or pay the daily fee. Individuals found not paying the daily fee will be removed from the Community Center. No refunds will be issued. Gym • Respect all Community Center staff, patrons and equipment. • All individuals using the gym must be a member or pay the daily fee. Individuals found not paying the daily fee will not be given the option to pay and play for the remainder of the day. No refunds will be issued. • No food, gum or beverages are allowed in the gym. Water bottles will be permitted. • Fitness members and daily users will not be permitted to bring ball bags, jackets, duffel bags or other personal items into the gym. • No black soled shoes or shoes that mark the floor will be permitted. No bare feet, sandals or street shoes. • Attire or gestures recognized as a gang representation will be not be allowed. • Dress code must be appropriate. Shorts/Pants must be worn at waist at all times. If Community Center Policies February 5, 2003 Page 4 individual refuses to bring their shorts/pants to the waist, he/she will be removed from the Eagan Community Center building without a refund. "Skins" will be allowed during organized or full-court games only. • Community Center staff reserves the right to determine all gym use. • Organized or full-court games will only be allowed when the patron attendance is less than 25 players at any one time and/or as designated on the gym schedule. Customers will be asked to leave without a refund if they refuse to break up an organized or full- court game. • No dunking, slamming or hanging on the rims or nets. • No running or bouncing balls in the hallways anywhere in the Community Center. • No spitting, rough housing, wrestling or pushing. • No swearing, abusive, inappropriate language or gestures. Individuals showing this type of behavior maybe suspended from the facility without refund. One year suspensions and trespassing notices can be issued. • The Eagan Community Center reserves the right to deny admission to anyone who appears to be under the influence of alcohol or a controlled substance. • The Eagan Community Center reserves the right to deny admission to anyone bringing in weapons, devices intended for harmful cause or actions that demonstrate intent to cause harm. • Persons falsifying personal information will be denied the opportunity to participate until one year from the date of the incident. • All players and spectators must pay to be in the gym during open gym times. During open gym times, spectators are not permitted on the perimeter of the gym or on the track. • Patrons are not permitted to view gym activities from the suspended indoor track. • "OPEN" refers to ages 10 and above. • "ADULT OPEN" refers to ages 18 and older. • Ages under age 10 are required to be accompanied with an adult over age 18. • Only Photo I.D.'s are accepted in exchange for balls or other equipment. Exchange of a valuable for equipment is not acceptable. • No children are allowed in the gym during adult open time. • We recommend leaving valuables at home. Lockers are available in the locker rooms and hallway near the family changing room. We highly recommend bringing a padlock to secure your belongings. • The patron has a financial obligation to replace balls, equipment or lockers that have been damaged, stolen or lost. • The City of Eagan is not responsible for items that are lost, stolen or left in the facility. Violators will be asked to leave without a refund when not adhering to the gym rules. Track • The track is available to persons 15 years of age and older. • The track is open to walkers and runners. The track is not to be used by spectators observing gym activities/programs. • No food or beverage allowed on the track. Community Center Policies February 5, 2003 Page 5 • Individuals walk or run to the right on even numbered days and to the left on odd numbered days. Locker Rooms • The City of Eagan is not responsible for items that are lost, stolen or left in the facility. • Please keep clothing and valuables locked in lockers. • No running. • No wet towels on floor. • Children 14 and under are not permitted in the locker rooms unless accompanied by an adult. • Do not leave items overnight in lockers. Locks left on lockers overnight will be cut. Items will be bagged and retained for 7 days. Bandshell Separate policies Festival Grounds • Parking availability is on a first come first serve basis. • Staff has the authority to reserve parking for designated events. • Any outdoor event, including those where alcohol will be served, is required to have the necessary permitting from the City of Eagan. • Any event using the outdoor grounds, must be scheduled with the rental coordinator. • The Renter/User shall leave the grounds in a clean, orderly fashion, including replacing items that were removed. • The user is responsible for the necessary equipment to hook up to the City's water supply. Community Center Policies February 5, 2003 Page 6