03/18/2003 - City Council RegularAGENDA
EAGAN CITY COUNCIL -REGULAR MEETING
EAGAN MUNICIPAL CENTER BUILDING
MARCH 18, 2003
6:30 P.M.
I. ROLL CALL & PLEDGE OF ALLEGIANCE
II. ADOPT AGENDA
III. RECOGNITIONS AND PRESENTATIONS
IV. CONSENT AGENDA
A. APPROVE MINUTES
~0 B. PERSONNEL ITEMS
~~ ~jC. CHECK REGISTERS
~ D. APPROVE 2003 New Kennel Licenses
P~Q E. APPROVE Collection Agency Agreement with Springer, Inc. for collection of outstanding
repeat nuisance call fines and other delinquent receivables.
p'SF. AUTHORIZE City Attorney's Office to prepare an Ordinance Amendment to Chapter 5
regarding on-sale wine and beer licenses.
P~ ~G. APPROVE Change Order #11 Community Center
p~~ H. RECEIVE Bids and Award Contract 03-07, House Demolition (Langhoven Addition)
~31 I. APPROVE Quitclaim Deeds for Eagan Heights Townhomes
vP,~q J. RECEIVE Petition and Schedule Public Hearing for Easement Vacation for Kohl's
t~tpK. APPROVE Final Plat -Central Irrigation Addition, Central Irrigation
~[~~ L. APPROVE Reconveyance of Tax Forfeited Parcel (10-22451-042-0]) to the State of Minnesota.
~3 M. ACCEPT Purchase Offers for City-owned Homes
V. 6:30 -PUBLIC HEARINGS
P yyA. DNR SCENIC AND NATURAL AREA GRANT APPLICATION and approval of a resolution
for grant submission
~sdB. VACATION OF PUBLIC EASEMENT -Langhoven Addition
VI. OLD BUSINESS
~S3A. CONTRACT 03-02, Receive Bids/Award Contract (Lexington Place/Drexel Heights Additions
Street Improvements) (continued from March 4, 2003)
,Q ,S~B. CONTRACT 02-17, Approve Change Order #1, Central Parkway Streetscaping
{~/ / C. CONTRACT 03-11 Approve Plans and Specifications and authorize ad for bids for City
v Contract 03-11 (Kennerick Addition and Pond HDP-1, Storm Sewer Improvements
63 D. CONTRACT 03-01 Approve Plans and Specifications and ad for bids for City Contract 03-01
(Town Centre Area -Street and Access Management Improvements).
DI. NEW BUSINESS
~6,SA. COMPREHENSIVE GUIDE PLAN AMENDMENT -CITY OF EAGAN
A Comprehensive Guide Plan Amendment to update text for Special Area No. 4 (Central Area)
n g r B. 2003-2004 COiJNCIL GOALS -Ratification of the City Council's goals for 2003-2004
VIII. COMMUNITY CENTER UPDATE
IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE
X. ADMINISTRATIVE AGENDA
A. Comments by City Council, City Administrator, and Department Heads
,/~~.SXI. ECONOMIC DEVELOPMENT AUTHORITY
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.
sc i 3i-
' city of eagan
MEMO
MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: MARCH 14, 2003
SUBJECT: AGENDA INFORMATION FOR MARCH 18, 2003 CITY COUNCIL MEETING
ADOPT AGENDA
After approval is given to the March 18, 2003 City Council agenda, the following items are in
order for consideration.
Agenda Information Memo
March 18, 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 March 4, 2003 regular City Council meeting and the March 4,
2003 Listening Session as presented or modified.
ATTACHMENTS:
• Minutes of the March 4, 2003 regular City Council meeting are enclosed on pages
through
• Minutes of the March 4, 2003 Listening Session are enclosed on page ~.
~i~ MINUTES OF A REGULAR MEETING OF THE ~~
1 EAGAN CITY COUNCIL ~ '~ T
Eagan, Minnesota
O March 4, 2003
A regular meeting of the Eagan City Council was held on Tuesday, March 4, 2003 at 6:30 p.m. at the Eagan
Municipal Center. Present were Mayor Geagan and Councilmembers Carlson, Fields, Tilley and Maguire. Also
present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Duector of Public Works Tom Colbert,
City Attorney Bob Bauer and Administrative Secretary/Deputy Clerk Mira McGarvey.
AGENDA
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the agenda as
presented. Aye: S Nay: 0
CONSENT AGENDA
Items H and K pulled for discussion.
Item S moved to "Community Center Update"
A. Minutes . It was recommended to approve the nunutes of the February 18, 2003 regular City Council
meeting, the February 18, 2003 Listening Session as presented.
B. Personnel Items.
L It was recommended to approve the hiring of Melissa Wind as the Rental Coordinator at the Community
Center.
2. It was recommended 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 Dieman, Metra
Farrari, Evan Krueger and Maridyth Lewis as Cascade Bay seasonal staff for 2003.
C. Check Re isg ters• It was recommended to ratify the check registers dated February 20, 2003 and February
27, 2003 as presented.
D. 2003 Tree Contractor License Renewal. It was recommended to approve 2003 Tree Contractor License
Renewal for A Top Notch Service, Inc., 5505 N. Highway 169, Plymouth, MN.
E. 2003 Cotmercial Fertilizer License Renewals. It was recommended to approve 2003 Commercial
Fertilizer License renewals for New Frontier, 2500 W. County Road 42, Burnsville, MN and Living Green
Lawn Care, 1310 Laurel Avenue, St. Paul, MN.
F. Charge Order. It was recommended to approve change orders 3 and 4 with Parsons Technologies for work
at the Community Center.
G. Recyclin,l? Pro rg dam. It was recommended to 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.
H. Contract 03-02. Pulled for discussion.
I. Contract 03-10. It was reconunended to receive the bids for Contract 03-10 (Sehnark /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.
J. NPDES. It was recommended to 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.
K. Project 884. Pulled for discussion.
L. Legislative Support. It was recommended to 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.
M. Project 886. It was recommended to authorize the preparation of a feasibility report for Project 886 (Lone
Oak Road Upgrade -Street and Utility Improvements).
N. No Parking= Yankee Doodle. It was recommended to 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.
03-08
~3-~9
03-10
Eagan City Council Meeting Minutes
March 4, 2003
Page 2
RAFT
O. Project 02-15A. It was recommended to 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.
P. Change Order. It was recommended to approve Change Order No. 3 to Contract 02-] SB (Community
Center Site Improvements) and authorize the Mayor and City Clerk to execute all related documents.
Q. Easement Agreement. It was recommended to approve the Easement Agreement for Project 800R (Cedar
Grove Access Reconfiguration -Street and Utility Improvements) with the owner of Parcel 10-68100-010-
O1 (Silver Bell Center - 1985 Silver Bell Road) and authorize the Mayor and City Clerk to execute all
related documents.
R. Community Center Operating Policies. It was recommended to approve the Community Center operating
policies per the recommendation of the Operations Committee.
S. Community Center fees, booking recommendations. Moved to Community Center Update
T. On-sale beer license for Hunan Garden. It was recommended to approve the On-Sale Beer license for
Hunan Eagan Buffet, Inc., dba Hunan Garden, 1304 Town Centre Drive.
U. Change Order. It was recommended to approve Change Order #4 for the Central park Pavilion / Wellhouse
#20 for a deduct of $1,000.00
V. Proiect 868. It was recommended to authorize the use of engineering services from Encompass Inc. for
Project 868 (Coachman Water Treatment Plant - Expansion/Modification).
Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the balance of the
Consent Agenda. Aye: 5 Nay: 0
H. Contract 03-02 (Lexington Place / Drexel Heights Additions -Street Improvements)
Public Works Director Colbert gave a staff report and discussed options.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to receive the bids for contract
03-02 (Lexington Place / Drexel Heights 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. Aye: 5 Nay: 0
L. Proiect 884. (Borchert Lane -Street and Utility Improvements).
Public Works Director Colbert gave a staff report and responded to Councilmember Carlson's request of
including an alternate alignment for Borchert Lane.
Councilmember Carlson moved, Councilmember Fields seconded a motion to authorize the preparation of a
feasibility report by the City Engineer for Project 884 (Borchert Lane -Street and Utility Improvements)
with alternate alignments being shown. Aye: 5 Nay: 0
PUBLIC HEARINGS
VARIANCE -MICHELLE AND JEFF MOE
City Administrator Hedges introduced this item regarding a variance request to the required 30 foot setback
from the public right-of--way at 4705 Stratford Lane. Senior Planner Ridley gave a staff report.
Mr. and Mrs. Moe stated they had a letter from an adjoining property owner indicating they have no
objection to the proposed variance.
There being no further public comment, Mayor Geagan closed the public hearing and turned discussion
back to the Council.
Councilmember Carlson moved, Councilmember Fields seconded a motion 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
following conditions: Aye: 5 Nay: 0
Eagan City Council Meeting Minutes DR
March 4, 2003 ~ ~ T
Page 3
1. If within one year after approval, the variance shall not have been completed or utilized, it shall
become null and void unless a petition for extension has been granted by the Council. Such extension
shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith
attempt to complete or utilize the use permitted in the variance.
2. The building materials shall match the principal structure.
OLD BUSINESS
FINAL SUBDIVISION AND FINAL PLANNED DEVELOPMENT
(CENTENNIAL RIDGE) - MANLEY LAND DEVELOPMENT CORP.
City Administrator Hedges introduced this item regarding a final subdivision and fmal planned
development 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. Senior Planner Ridley gave a staff report.
Kurt Manley, developer, discussed the proposed project, requesting that the average overall allowed lot
coverage be 27% rather than 23%, as proposed by the Advisory Planning Commission.
Mayor Geagan, Councilmembers and staff discussed the request regarding lot coverage and it was agreed
that up to half of the residential dwellings could be ramblers.
Councilmember Carlson moved, Councihnember Tilley seconded a motion to approve a Final Subdivision 03-11
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 '/< of Section 28. Aye: 5 Nay: 0
Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Final Planned
Development for the residential portion of Centennial Ridge for construction of 24 small lot single-family dwellings
(12 two story and 12 rambler), with overall lot coverage being between 23% and 27% incorporated into the planned
development agreement, on approximately 5.5 acres located east of Johnny Cake Ridge Road and south of Diffley
Road in the NW '/< of Section 28. Aye: 5 Nay: 0
ORDINANCE AMENDMENT -CITY OF EAGAN
City Administrator Hedges introduced this item regarding an amendment, as presented, to Chapter 11,
Section 11.70 to allow additional product signage in the Business Park (BP) Zoning District via Conditional Use.
Senior Planner Ridley gave a staff report.
Councihnembers discussed the proposed amendment and issues regarding enforcement of the ordinance.
Councihnember Maguire moved, Mayor Geagan seconded a motion 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.
Aye: 5 Nay: 0
CHAPEL LANE - NO PARKING
City Administrator Hedges discussed this item regarding the posting of No Parking signs on both sides of
Chapel Lane from Hwy 149 to Random Road.
Mayor Geagan, Councilmembers and staff discussed
Councilmember Maguire moved, Councihnember Fields seconded a motion to approve the posting of No
Parking signs on both sides of Chapel Lane from Highway 149 to Wren Lane opposite the line between Lot 7 and 8
of Block 1 of the Selmark Add. Aye: 5 Nay: 0
s
Eagan City Council Meeting Minutes O~d
March 4, 2003 ' 1 F~
Page 4
LONE OAK LANE
STORM SEWER IMPROVEMENTS
City Administrator Hedges introduced this item regarding the receipt of a petition Lone Oak Lane Storm
Sewer Improvements. Public Works Duector Colbert gave a brief staff report.
Mike Mitchel, 1445 Lone Oak Lane questioned who would be assessed for the project if it were approved
and requested the project be combined with Project 806. Public Works Director Colbert explained that everyone
who takes driveway access onto Lone Oak Lane would be most likely be proposed to be assessed for the project. He
also explained why the proposed project could not be combined with Project 806 and that Lone Oak Lane is a
private driveway and all improvements historically are performed by the benefiting property owners.
Councihnember Fields moved, Councilmember Tilley seconded a motion to deny the petitioned storm
sewer improvements for Lone Oak Lane. Aye: 5 Nay: 0
NEW BUSINESS
REQUEST BY FRIENDS OF PATRICK EAGAN PARK
City Administrator Hedges introduced this item regarding a request by the 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. He also discussed a request to authorize an appraisal of the Lee Anderson property
through the Trust for Public Land.
Jack Conrad, on behalf of the Friends of Patrick Eagan Park, made a presentation to the City Council and
requested City support for a grant application to acquire the Anderson property adjacent to Patrick Eagan Park.
Dakota County Commissioner Nancy Schouweiler discussed the merits of the Anderson property in meeting
the County Referendum criteria.
Cordelia Pearson ,representing the Trust for Public Land, discussed the background of her group and
stated they agreed to coordinate and pay for the appraisal of the Anderson property, complete a survey and conduct
any environmental studies needed for the Anderson acquisition.
Councihnembers, Mr. Conrad and Commissioner Schouweiler discussed the future of the Caponi project.
It was noted that the Friends of Patrick Eagan Park and the County will offer their support for the Coponi property
and the McCarthy property.
Councilmember Carlson moved, Councilmember Fields seconded a motion to
1. Direct City staff to complete the grant application and resolution for the Minnesota DNR Natural and
Scenic Areas Grant program on the Anderson parcel for public hearing at the March 18`~ 2003 Council
meeting.
2. Direct City staff to work with the Trust for Public Land (TPL) to conduct a formal appraisal on the
Anderson parcel by the necessary deadline, with the facts that contribute to the lack of public utilities being
available to the property, at this time, be disclosed as part of the appraisal process.
3. Once the appraisal is completed and a selling price is agreed upon, the City's participation will be 20% of
the acquisition price (being taken from the park dedication funds).
Aye: 5 Nay: 0
6
Eagan City Council Meeting Minutes D/Q
March 4, 2003 ~ /' /
Page 5
CONSIDER REVOCATION OF INTERIM USE PERMIT -CITY OF EAGAN
City Administrator Hedges discussed this item regarding the revocation of an Interim Use Permit issued to
Jim Oberg for non-compliance on property located in the SE '/o of Section 36. Senior Planner Ridley presented
pictures of the site, indicating the non-compliance.
Mr. Oberg stated the items on the property will be scrapped and removed from the site by April 1. He also
discussed future development plans for the property. He requested the Interim Use Permit not be revoked.
Mayor Geagan and Councihnembers discussed the issue and concluded that Mr. Oberg be allowed
additional time to bring his property into compliance with the City Code and at such time, if the property is not in
compliance, action will be taken to revoke the permit.
Councilmember Carlson moved, Councihnember Tilley seconded a motion to continue consideration of
revocation of an Interim Use Permit (NP) issued to Jim Oberg for property located in the SE '/4 of Section 36, PID
10-03600-021-79 to the May 6, 2003 City Council meeting. Aye: 5 Nay: 0
COMMUNITY CENTER UPDATE
City Administrator Hedges discussed recommendations made by the Operations Committee regarding the
name for the bandshell and the Community Center logo, and Community Center fees, booking recommendations, and
scheduling priorities.
Communications Director Garrison made a presentation regarding the proposed Community Center logo.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Community Center
logo as recommended by the Operations Committee with slight amendment by Council. Aye: 5 Nay: 0
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a recommendation by
the Operations Committee that the bandshell be named "The Eagan Bandshell at Central Park". Aye: 5 Nay: 0
Councilmember Tilley moved, Councilmember Maguire seconded a motion to continue consideration of the
Community Center fees, booking recommendations, and scheduling priorities for further review by the Operations
Committee. Aye: 5 Nay: 0
LEGISLATIVE INTERGOVERNMENTAL AFFAIRS UPDATE
City Administrator Hedges discussed inviting Eagan's legislation delegation to attend a City Council
meeting. It was agreed that inviting the Legislators to a workshop would be more productive than a regular City
Council meeting.
Councilmember Tilley moved, Councilmember Fields seconded a motion to set a City Council workshop
for March l8, 2003 at 5:00 p.m.
ADMINISTRATIVE AGENDA
PROJECT 868, COACHMAN WATER TREATMENT PLANT
Public Works Director Colbert discussed the need for initiation of Quick Take Eminent Domain for 3.7
acres of land from Blue Cross Blue Shield adjacent to the Water Treatment Facility located on Coachman Road.
Councilmember Tilley moved, Councilmember Carlson seconded a motion to authorize the acquisition of a
3.7 acre portion of Parcel 10-01600-011-30 by Quick Take Eminent Domain. Aye: 5 Nay: 0
Eagan City Council Meeting Minutes O
March 4, 2003
Page 6 ~ F
T
SOLICITATION OF FEDERAL FUNDS FOR RING ROAD COMPLETION
Public Works Director Colbert discussed the development of a Ring Road circulator around the
intersections of Pilot Knob Road, Yankee Doodle Road and I-35E and requested authorization to submit a formal
request for federal funding.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Resolution 03-12
supporting a request for Federal Funding for completion of the Ring Road and authorize the Mayor and Ciry Clerk to
execute all related documents. Aye: 5 Nay: 0
ECONOMIC DEVELOPMENT AUTHORITY
Mayor Geagan called a recess at 9:15 p.m. and immediately convened a meeting of the Economic
Development Authority. After adjournment of the EDA, the Mayor reconvened the Council meeting at 9:20 p.m.
and introduced "Visitors to Be Heard".
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
ADJOURNMENT
Councilmember Fields moved, Councilmember Carlson seconded a motion to adjourn the meeting at 9:20
p.m. and went into Executive Session to discuss pending litigation.
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.
g
MINUTES OF A LISTENING SESSION OR
OF THE EAGAN CITY COUNCIL ~ ~ T
MARCH 4, 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.
Margo Danner, representing the Lioness Club, discussed entrance markers to the
walkway at Central Park.
The meeting adjourned at 6:30.
Respectfully submitted,
Mira McGarvey
Administrative Secretary /Deputy City Clerk
9
Agenda Information Memo
March 18, 2003 Eagan City Council .Meeting
B. PERSONNEL ITEMS
Item 1. 2003 Cascade Bay Seasonal Staff-
ACTION TO BE CONSIDERED:
To approve the hiring of Ashley Crunstedt, Steven Lay, Elyse Kyro and Chris Weggemann as
Cascade Bay seasonal staff for 2003.
Item 2. Donated Vacation Leave Policy-
ACTION TO BE CONSIDERED:
To approve, as part of the Personnel Policy, the Donated Vacation Leave Policy.
FACTS:
In response to employee requests that they be able to donate accrued leave time to other
employees who are facing loss of work time due to a serious medical condition which
they, their spouses or children are experiencing, the HR Director and senior management
team examined leave time donation policies in other municipalities. A draft policy was
then developed for the City of Eagan, the approval of which the management team is now
recommending to the City Council.
ATTACHMENTS:
• Attached on pages ~ through ~ is a copy of the proposed Donated Vacation
Leave Policy.
/0
DONATED VACATION LEAVE POLICY
1. With the express written approval of the City Administrator, City employees having
accrued vacation leave time will be allowed to donate a portion of such accrued
leave to fellow employees experiencing a serious health condition suffered by the
employee, their spouse, or minor children. A serious health condition is defined as
an illness, injury, impairment, or physical or mental condition that involves inpatient
care in a hospital, hospice, or residential medical care facility or continuing
treatment by a health care provider.
2. A donation of leave from one employee to another shall be subject to the following
terms and conditions:
a. An employee is only eligible to receive donated leave for time lost from work,
due to a serious health condition as described above, equal to the number of
hours of time which the employee would lose from his or her job due to the
serious health condition.
b. An employee will be eligible to receive donated leave only after the
employee's accrued sick leave, floating holidays, employee recognition day
(if applicable), compensatory time, and vacation have been used by the
employee. An employee is not eligible for the leave donation program if also
eligible for Workers' Compensation, receiving Long Term Disability payments
though the City's program, or judged to be disabled to the extent that the
employee will not be returning to work.
c. No employee will be allowed to receive more than 160 hours of donated
leave for any single serious health condition.
d. Employees will not accrue leave time benefits while using donated leave.
e. A written request to receive leave must be made to the Director of Human
Resources on forms designated by the City for that purpose. The Director of
Human Resources may require that a leave request be supported by a
certification issued by the health care provider of the employee or of the
employee's qualified relative. The Director of Human Resources will forward
the request form(s) to the City Administrator for approval/denial.
f. The City Administrator shall have the right to deny use of donated leave or
limit its use as shall be determined necessary and in the best interest of the
City of Eagan.
g. Upon approval of the City Administrator, the Director of Human Resources
will inform City employees that an employee has requested donated vacation
leave. The name of the employee requesting donations will only be revealed
//
with the permission of the employee. Only the Director of Human Resources
or the City Administrator may post a notice on bulletin boards and/or
electronically regarding the donation of leave.
h. Participation in the donation of vacation leave program will be completely
voluntary and confidential. No City employee shall pressure or otherwise
attempt to influence another City employee to surrender vacation leave. The
City will not inform the recipient of the names of those surrendering hours or
the number of hours surrendered.
A prospective donor will indicate the amount of hours he/she wishes to
donate on forms designated by the City for that purpose and submit the form
to the Director of Human Resources.
j. Donations must be on an hour-for-hour basis. For every one (1) hour of
vacation leave donated by the donor, the recipient will be credited with one
(1) hour of vacation leave. The pay levels of the two employees shall not
affect the transaction.
k. Once surrendered leave hours have been processed, neither party may
revoke the transaction, even if it has not yet been paid.
The donated hours are taxable income to the recipient.
m. If the recipient separates from City employment before using all of the
donated leave time, the remaining donated time may not be converted to
severance pay.
n. Any unused portion of donated vacation leave shall be returned to the
donor(s). The manner of such return shall be determined by the Director of
Human Resources and the Director of Administrative Services.
~~
Agenda Information Memo
March 18, 2003 Eagan City Council Meeting
Item 3. Use of the Internet, Intranet, and Electronic Mail System Policy--
ACTION TO BE CONSIDERED:
To approve, as part of the Personnel Policy, the Use of the Internet, Intranet, and Electronic Mail
System Policy.
FACTS:
• In an effort to update and revise Eagan's personnel policies with respect to employee
usage of E-Mail and the Internet, a work group comprised of the HR Director, IT
Coordinator and Communications Director reviewed the policies of at least six other
Minnesota cities. The goal was to come up with an easy to understand policy that would
briefly and clearly inform employees about proper and improper uses of the Internet and
E-Mail systems. A draft was presented to the management team for review and comment.
The management team is recommending that the policy be presented to the City Council
for their approval.
ATTACHMENTS:
Attached on pages ' 7 through is a copy of the proposed Use of the Internet,
Intranet, and Electronic Mail System Policy.
/3
PROPOSED
City of Eagan
Personnel Policy
Use of the Interi:et, Intranet, and Electronic Mail System
Date of last revision: March, 2003
PURPOSE:
This policy is to guide City employees in the proper use of the City's Internet,
Intranet, E-Mail (electronic mail) systems, and City-owned wireless or hand-
held devices.
APPLICABILITY:
This policy applies to all city employees and to any other persons who have
gained or have been given access to the City's Internet, Intranet or E-Mail
systems, or City-owned wireless and handheld devices. Vendors and consultants
will be expected to be made aware of this policy and comply with its terms.
DISCIPLINARY ACTION:
Violation of these policies may result in the revocation of the violator's Internet,
Intranet or E-Mail access and maybe grounds for disciplinary action, up to and
including termination of employment with the City of Eagan. Discipline does not
preclude separate criminal penalties resulting from an employee's illegal usage of
such systems. All discipline shall be in accordance with the City's personnel
policies and applicable labor agreements, including employee rights of appeal. In
signing this document employee or vendor acknowledges that this document has
been read and reviewed and that he/she understands the requirements of this
policy.
OVERVIEW:
City employees given access to the Internet, Intranet, or E-Mail are granted such
access to conduct official city business. Such systems have been installed by the
City of Eagan to facilitate work-related communications. As with the telephone
system, limited, incidental and occasional personal use of E-Mail and the Internet
are permitted. ~ Although each employee has an individual password to gain
access to E-Mail and the Internet, the systems and its content, however, belong to
the City.
' Employees are encouraged to limit personal use to lunch or break times or before or after work. During
the work day private a-mail use should be restricted to a quick reply. Frequent use of the Internet or a-mail
for personal use during work hours is a violation of this policy.
i~
Thus:
1. All a-mail messages, files and images on city computers are City
of Eagan records and as public records maybe disclosed without
your permission;
2. Such records are accessible at all times by City management and
law enforcement and may be reviewed by management at its
discretion;
3. E-Mail messages and Web usage-whether you consider them to
be personal or not-are not confidential and you should not
transmit any messages you would not want read by a third party.
4. The City of Eagan may periodically monitor all Internet/Intranet/
E-Mail uses and/or conduct random audits.
5. City employees are expected to use the City's E-Mail and
Internet/Intranet systems in a responsible manner.
6. Users are expected to comply with all software licenses, copyrights
and all other State and Federal laws governing intellectual
property.
PROHIBITED USES OF E-MAIL:
Any illegal purpose or use.
Any use that would reasonably be interpreted to be insulting, disruptive, or
offensive to other persons, or harmful to employee morale. Examples of
forbidden messages include but are not limited to such things as:
a. sexually explicit pictures or messages
b. gambling
c. unwelcome propositions or love letters
d. ethnic or racial slurs
e. any other message that could reasonably be construed to be
harassment or disparagement of others based on their sex, race,
disability, sexual orientation, age, economic status, national
origin, or religious or political beliefs.
• Charitable solicitations or support for outside organizations or for purpose
of personal gain. (Official city-endorsed internal activities like the United
Way Campaign are an exception to this policy.)
• Outside business or commercial activities for the purpose of personal
profit or gain.
• Political activity of any kind
• Religious solicitations or causes
• Discussion of confidential City business or disclosure of private data
protected under the Minnesota Data Privacy Act.
PROHIBITED USES OF THE INTERNET/INTRANET:
• Any illegal purpose or use
• Downloading or placing on any City-owned computer, laptop, workstation
or server any programs, screen savers or software that has not been
authorized by IT staff and scanned for viruses.
/S
PROHIBITED USES OF THE INTERNET/INTRANET (continued):
• Commercial or non job related solicitations
• Access to adult entertainment or related sites (law enforcement officials
exempt only in the official scope of their duties)
• Promotion of religious or political causes
• Advertising
• Other personal promotions or causes
REQUIRED ACTION STEPS:
When in receipt of an unwanted a-mail message simply delete the
message. If such unwanted a-mails are regularly received it is the
employee's responsibility to 1) notify the sender to advise him/her to
discontinue sending objectionable messages, 2) notify either your
supervisor or the IT Department who will in turn notify the HR Director if
City personnel are involved in sending the objectionable material subject
to this policy.
RECOMMENDED PRACTICES:
• It is recommended that when not actively using the Internet that the
employee close out of the window. Leaving the Internet running while
you are away from your desk makes it appear as though excessive time is
being spent on that particular Web site.
PASSWORD SECURITY:
Employees are prohibited from the unauthorized use of passwords of employees
to gain access to the other employee's E-Mail, or Internet/Intranet files.
EXCEPTIONS:
The City Administrator shall have the sole discretion to grant individual
exceptions to this policy. Such exceptions should be documented and made part
of the personnel file.
Supervisor reviewing policy with employee
Employee signature &
acknowledgement of policy having
been reviewed:
Signature of Supervisor
Date
Signature of Employee
Date
/6
Agenda Information Memo
March 18, 2003 Eagan City Council Meeting
C. RATIFY CHECK REGISTERS
ACTION TO BE CONSIDERED: To ratify the check registers dated March 6, 2003 and
March 13, 2003 as presented.
ATTACHMENTS:
• Check registers dated March 6, 2003 and March 13, 2003 are enclosed without page
number.
/~
Agenda Memo
March 18, 2003
CONSENT AGENDA:
D. 2003 New Kennel Licenses
ACTION TO BE CONSIDERED:
Approve 2003 New Kennel Licenses for Peanut's Place and Petsmart, Inc.
FACTS:
• The applications have been reviewed by staff and deemed in order for approval.
/8
Agenda Information Memo
March 18, 2003 Eagan City Council Meeting
E. APPROVE COLLECTION AGENCY AGREEMENT WITH SPRINGER, INC.
FOR COLLECTION OF OUTSTANDING REPEAT NUISANCE CALL FINES
AND OTHER DELINQUENT RECEIVABLES
ACTION TO BE CONSIDERED:
Approve the Collection Agency Agreement between Springer, Inc. and the City for
collection of outstanding repeat nuisance call fines and other delinquent receivables.
FACTS:
• A memo from Director of Administrative Services VanOverbeke regarding this
item was included in the February 21 informative and is attached.
• Staff contacted three collection agencies and determined Springer, Inc., St. Paul,
was the most desirable alternative. Staff then contacted three references provided
by Springer; all reported favorable and ethical dealings.
• In addition to collection of repeat nuisance call fines, the City plans to utilize the
collection agency for other seriously past due receivables, such as invoices for
damage to City property (hydrants, signs) and NSF checks.
• The City will NOT use the collection agency for past due utility bills, false alarms
fines, or noxious weed cutting, all of which are assessable to the property.
• The agreement has been reviewed by the City Attorney.
ATTACHMENTS:
• Copy of memo from Administrative Services Director VanOverbeke on page
_ ~~
• Infonmation about Springer from their website on page
• Collection agency agreement on pages ~~ through ~
~9
MEMO
city of eagan
_~_
TO: City Administrator Hedges
FROM: Director of Administrative Services VanOverbeke
DATE: February 6, 2003
SUBJECT: Repeat Nuisance Call Fine Collections
Kent T., Jenni R., Maria K., Tom P., and I recently met to discuss options that might be available
to the City to enhance the collection of outstanding bills related to repeat nuisance call fines.
While it is difficult to provide statistical information documenting something that doesn't happen, it
is the consensus of the group that the implementation of this ordinance has had the desired
outcome of reducing repeat calls. Further, the primary objective of the ordinance is to reduce
calls and not to simply raise money. However, from a professional standpoint we cannot simply
ignore the unpaid bills and also have concerns about the message that inaction sends to the
clientele affected by the ordinance.
The available options discussed include more aggressive staff follow-up on the bills, submission .
of the bills to conciliation court and the utilization of a collection agency. It was the consensus of
the group that the best return could be derived through utilization of a collection agency, if one
could be found that offered the appropriate services and had positive references. Tom P.
followed up on collection agencies and provided the following information on what appears to be
the best option:
I checked three references on Springer, Inc., one of the collection agencies I had inquired of
earlier. The City of Richfield, the Pioneer Press, and Breery Point all reported very
satisfactory experience with Springer for many years. Richfield said they've received no
complaints from debtors. The few complaints Breery Point and the Pioneer Press have
received did not call into question ethics or collection tactics; people complain because they
don't like to pay their bills.
Springer works on commission, taking 10% if collected in the first 30 days, 33% after that, and
40% if they go to court.
It is the recommendation of the group that the City enter into an agreement with Springer, Inc. to
provide collection services for the outstanding repeat nuisance call bills and perhaps a few other
outstanding City invoices that have been a problem to collect. Since this is a new approach for
Eagan and collection agencies sometimes have a negative connotation, we think it might be best
to provide this material as an informative item to get a general City Council response and/or
concurrence with the approach before presenting a proposed agreement for formal action by the
City Council.
Please let me know, if you have any questions. I will await your response as to the preferred next
steps.
Director of Administrative Services
Cc: Kent T., Jenni R., Maria K., 8 Tom P.
ao
Springer Collections: About Us
SPRINGER ~~~1 COLLECTIONS
about us
Page ] of 1
Springer Collections is Minnesota's oldest collection agency. We have
• We pr•otluce results proven ourselves as professionals in the field since 1917. We are
by collecting the
nrone~~ ox~et/ yort licensed and bonded with the State of Minnesota. We represent
• o,~er 84 years hospitals, banks, commercial clients, schools, doctors, newspapers,
of experience
in accarrrts dentists, department stores, utilities companies and attorneys.
receivable
mana~emenl
We are also members of the American Collector's Association, the
• SC/ recovers
hvice the natior:a( American Commercial Collectors Association, the Better Business
average on
accou»ts referred Bureau and the St. Paul Area Chamber of Commerce.
for collection
Our current staff includes eight collection representatives, six
administrative support staff, two client service managers and a
full-time attorney.
http://www.springercollections.net/sc_about.htm ~~ 3/3/2003
Feb•28. 2003 2~14PM SPRINGER fNC No.2911 P. 5
COLLECTION AGENCY AGREEMENT
This Agreement is made and entered into this February 28, 2003 by and between
Springer Collections, hereinafter referred to as Agency, and City of Eagan, hereinafter
referred to as Client.
WHEREAS, Agency conducts a collection service to collect delinquent accounts
and is duly licensed, bonded and insured according to the requirements of the State of
Minnesota. Insurance bonding is provided by: Travelers Casualty & Surety Company;
NOW, THEREFORE, in consideration of the mutual covenants and promises
below, the parties agree as follows:
Client agrees to utilize the service of Agency until such time as this agreement is
terminated as provided herein and to transfer to Agency information relating to
certain delinquent accounts of Client and such other accounts as Client shall
designate. Client agrees to pmvide an accurate date of delinquency on each
account placed. (Please call agency if you have any questions on this.)
2. Agency agrees to use its best efforts to collect the entire amount owed plus
accrued interest on all accounts transferred to Agency and to render all services
which are necessary to collect the payments on said accounts.
3. Agency further agrees to perform the following services
(a) Agency shall maintain collection files in accordance with and pursuant to
the instructions of the Client;
(b) Agency shall furnish debtor status reports on all accounts as requested.
(c) Agency shall not refer any accounts transferred to Agency by Client to legal
counsel for the commencement of legal actions without the prior written
consent of Client.
(d) Agency shall furnish a monthly remittance statement showing all payments
made to Agency and Client.
(c} Agency shall comply in all respects with all state and federal laws and
regulations in its collection activity, including but not limited to the Federal
Fair Debt Collection Practice Act, the Federal 1~air Credit Reporting Act, the
Minnesota Debt Collection Practice Act and all Minnesota consumer laws.
4. In consideration for the services provided by Agency under this Agreement,
Client shall pay Agency on a contingency fee basis at the rate of 10% for the first
thirty days after which the rate will be 33.3% of the principal amount of each
delinquent account over $100 transferred to and collected by the Agency. The rate
on legal accounts and any accounts placed under $100.00 will be 40%.
Commissions shall be due on all payments made to Agency or directly to Client
after receipt of claim has been acknowledged.
5. Agency shall advance all court costs, if any, which shall be reimbursed to Agency
from the first monies collected by agency on the delinquent accounts. Agency
as
Feb~28~ 2003 2~14PM SPRINGER INC No~2911 P, 6
shall add interest to the principal amount of each delinquent account as permitted
by applicable state law which shall be retained in its entirety by Agency. Client
will not be responsible for any reimbursement of court costs unless counterclaim
is a result of Client's negligence or unless Client closes the account after court
action has commenced.
6. Any payments made directly to Client on accounts transferred to Agency shall be
included in the amount collected by Agency and the fcc shall be computed
accordingly.
7. Within ten (10) days of the month following collection on an account, Agency
shall remit tv Client all sums collected less their fee together with a statement
regazding the accounts upon which sums were collected.
8. Agency shall not settle any account for less than the full amount due without the
prior consent of Client. Agency shall notify Client immediately of any threatened
or actual defense of counterclaim tv Client's claim for payment.
9. Agency, its employees, agents, representatives, and invitees shall use any and all
information disclosed to Agency by Client only for the purpose of performing its
obligations under this Agreement and shall not permit any third party to use such
information. Agency shall not disclose such information to third parties and shall
take all steps necessary to protect and maintain such information as confidential
perpetuity.
10. Agency agrees to indemnify Client, and to hold Client harmless from claims,
demands, liabilities, expenses and losses incurred by Client arising out of conduct
of the employees and agents in connection with the assignment of the account by
Client which conduct would include by not be limited to, the following:
{a) Allcgcd or actual act of negligence of Agency, its agents,
representations of employees.
(b) Alleged or actual violations by Agency, its agents, representatives or
employees of applicable federal or state law.
(c) Failure of Agency, its agents, representatives or employees to
comply with any requirements of governmental authority. The
provisions of this Paragraph 10 shall survive the termination of this
Agreement.
11. The Agency will carry, at its sole expense, with companies and in amounts
satisfactory to Client, public liability insurance provided comprehensive coverage,
including but not limited to coverage for libel, slander, false arrest, detention or
accusations, malicious prosecution, abuse of process and assault and battery.
Agency shall provide Client with copies of certification of insurance evidencing
such insurance and shall notify Client immediately upon the cancellation,
suspension, or modification of such insurance.
Client likewise agrees to indemnify Agency, and to held Agency harmless
a3
Feb.28. 2003 2~14PM SPRINGER INC
No.2911 P. 1
from any and all losses, damages, claims and actions resulting from or arising out
of its good faith efforts to perform under this Agreement. This indemnification
and hold harmless is limited to actions reasonably calculated to complete to
assignment in accordance with the laws, ordinances and regulations of the
jurisdiction, and also does not include liability resulting from criminal activity,
intentional torts, malice, gross negligence or similar acts or omissions.
This Agreement can be terminated at anytime by either party for any reason upon
thirty (30) days written notice to the other party. The Agency shall return within 30 days
all accounts which have been assigned, except those accounts Agency has rcfcmd to
legal counsel and accounts on which Agency is receiving payments.
This Agreement, executed in Minnesota, shall be interpreted in accordance with
the laws of the Status of Minnesota.
1N WITNESS WHEREOF, the parties have caused this Agreement to be executed
and do cash hereby warrant and represent that their respective signatory, whose signature
appears below, has been and is on the date of this Agreement duly authorized by all
necessary and appropriate corporate action to execute this Agreement.
CLIENT:
By:
AG ringer Collections
By:
Title:
Date:
Title: President
Date: February 28, 2003
~~
Agenda Information Memo
March 18, 2003
F. AUTHORIZE THE CITY ATTORNEY'S OFFICE TO PREPARE AN
ORDINANCE AMENDMENT TO CHAPTER 5 REGARDING
ON-SALE WINE AND BEER LICENSES
ACTION TO BE CONSIDERED:
To authorize the City Attorney's office to prepare an ordinance amendment to Chapter 5
regarding on-sale wine and beer licenses.
FACTS:
The City Clerk has recently received requests for on-sale beer (3.2 malt liquor) and wine
licenses by establishments that do not meet the current definition of a restaurant in the
Eagan City Code.
City Code Section 5.01 states that licenses to serve liquor, beer or wine maybe granted to
a restaurant, defined as "an establishment...having appropriate facilities for the serving of
meals (consisting of a full menu as distinguished from exclusively fast food items, such as
pizza, hamburgers and other sandwiches)...where, in consideration of payment therefore,
meals are regularly served at tables to the general public, which employs an adequate
staff to provide the usual and suitable service to its guests." (The italicized portions of
the definition are being considered for revision.)
Under this definition of restaurant, only "traditional" restaurants would be eligible for a
license. Examples of "traditional" restaurants include Al Bakers, Houlihan's and Jensen's
Supper Club. Restaurants classified as fast food, i.e. McDonald's and Burger King are
not eligible for liquor licenses. However, a hybrid classification of restaurants, i.e.
Noodles and Chipotles, has emerged requiring some form of self-service by the customer,
partially or wholly eliminating the part of the definition related to table service. In these
particular establishments, the customer orders food from the counter and is either served
by staff or takes the food to a table for consumption. Therefore, such restaurants are not
eligible for a beer or wine license under the City Code definition.
Eagan City Code's definition of "restaurant" is consistent with, but more restrictive than
the Minnesota state liquor laws, Chapter 340A, by defining the type of meal and also
requiring usual and suitable service to its guests. The City Code requires that meals
consist of a "full menu," as distinguished from exclusively fast food items. Under the
State liquor laws, Section 340A.101, Subdivision 25, restaurant is defined as "an
establishment, other than a hotel, ...where meals are regularly prepazed on the premises
and served at tables to the general public..."
Given the evolution to non-traditional or hybrid restaurants and the resulting market
demand, it may be appropriate to consider a Code amendment to allow casual or non-
traditional restaurants to sell wine and/or beer.
~S
The City Attorney's Office has prepared the following definitions of traditional and
casual restaurants for consideration by the Council. By creating two distinct categories,
traditional restaurants would be eligible for on-sale liquor licenses; whereas, casual
(hybrid or non-traditional) restaurants would only be eligible for on-sale beer and/or wine
licenses.
Traditional Restaurant: A business establishment, other than a hotel, under the
control of a single proprietor or manager, where all of the following exist:
1. Meals are regularly prepared on the premises for the general public;
2. The principal part of the business is service of meals, which shall be at least
50% of the gross revenues;
3. Facilities for seating shall not be less than 50 guests at one time; and
4. Customers receive full meal service by waitstaff whereby meals and
beverages are ordered, served, and consumed at the customer's table.
Casual Restaurant: A business establishment, other than a hotel and traditional
restaurant, under the control of a single proprietor or manager, where all of the
following exist:
Meals are regularly prepared on the premises for the general public,
2. The principal part of the business is service of meals which shall be at least
50% of the gross revenues;
The facilities for seating shall not be less than 50 guests at one time;
4. Customers receive partial meal service by waitstaff whereby the customer
orders the meal and beverages at a counter, but the meal is consumed at
the customer's table;
5. Reusable dinnerware, such as: eating utensils, plates, bowls, and cups, is
used by the customer for the services consumption of the meal and
beverages.
5. Bussing or cleaning of the tables is done by restaurant staff; and
6. No drive-through service is provided.
In addition, staff is proposing an amendment to Section 5.33, Subdivision 6 of Chapter S
governing beer license restrictions and regulations as follows:
a6
On-sale licenses shall be granted only to bona fide clubs, traditional or casual
restaurants, golf courses and hotels. Off-sale licenses may be granted to liquor
stores or general food stores.
As a matter of housekeeping, this change will incorporate the new restaurant categories
and also will also identify golf courses as a distinct category eligible for on-sale beer
licenses.
The proposed ordinance amendment will be placed on a future City Council agenda
under New Business.
a7
Agenda Information Memo
March 18, 2003 Eagan City Council Meeting
G. APPROVE CHANGE ORDER #11- COMMUNITY CENTER
ACTION TO BE CONSIDERED: Approve Change Order #11 for the Eagan
Community Center in the amount of $34,609.
OR
Not Approve Change Order #11 for the Eagan Community Center in the amount of
$34,609.
FACTS:
PCO 1147 Alter carpet in room #139Carpet needed to be 24 - RE:Source Minnesota $ 549.00
modified around the recessed floor.
PCO 1150 RFI #288 11 - Minuti - Olge $ 593.00
Build a wall in front of window in room #219 to
close o, fJ''masonry wall.
PCO 1157 RFI # 291 11 - Minuti - Olge $ 777.00
Remave door at storage room #132 and reverse it.
PCO 1158 Add locker room accessories 21 -Building Material $ 204.00
Supply
PCO 1108 Community television rough-in 36 -Peoples $ 28,315.00*
PCO 1149 Add conduit below chiller pad for Qwest 36 -Peoples $ 319.00
PCO 1151 RFI #293 34 -Northern Air Corp. $ 911.00
Relocate the floor drain at the snack bar.
PCO 1154 Add fire protection below the play structure. 35 -Summit $ 1,695.00
PCO 1155 RFI #116A 36 -Peoples $ 569.00
Add power to light the revolving door.
PCO 1156 RFI # 296 36 -Peoples $ 677.00
Add two additional receptacles in room #208.
TOTAL these changes: 34,609.00
$6294.00 to be funded from Contingency. $28,314.00 is to be added to the Construction
Budget from franchise fee.
*The City Council previously approved this as part of the television cabling package; it is
not being incorporated into a change order.
ATTACHMENTS:
• None
as
Agenda Information Memo
March 18, 2003 Eagan City Council Meeting
H. CONTRACT 03-07, CEDAR GROVE REDEVELOPMENT AREA -
HOUSE DEMOLITION/ REMOVAL
ACTION TO BE CONSIDERED: To receive the bids for Contract 03-07 (Cedar Grove
Redevelopment Area -House Demolition/ Removal), award the contract to Ginther
Excavating, Inc. for the base bid in the amount of $19,425, and authorize the Mayor and
City Clerk to execute all related documents.
FACTS:
• On February 6, 2001, the City Council authorized the reconfiguration of Silver Bell
Road, from TH-13 to Beau D' Rue Drive, including the combining of the
intersections of Cedarvale Boulevard and Beau D' Rue Drive and the installation of a
traffic signal at this new intersection, as outlined and discussed in the feasibility
report for Project 800R (Cedar Grove Access Modifications).
• As part of the approval for Project 800R, the City Council also directed the
acquisition of several homes and businesses to accommodate the new intersection
configuration.
• On February 18, 2002, the Council approved the plans and specifications, and
authorized the advertisement for solicitation of competitive bids for Contract 03-07.
• At 10:30 a.m. on March 13, formal bids were received for this project. A copy of the
bid summary is enclosed.
• All bids have been reviewed for compliance with the bid specifications and accuracy
on unit price extensions and summations. The low bid from Ginther Excavating, Inc.
has been reviewed by the Engineering Division and found to be in order for favorable
Council action.
ATTACHMENTS:
• Bid Summary, page.3(~
a9
BID SUMMARY
Cedar Grove Area House RemovaV Demolition
City Contract No. 03-07
Bid Date: Thursday, March 13, 2003
Bid Time: 10:30 a.m.
Contractors Total Base Bid
1) Ginther Excavating, Inc. $ 19,425.00
2) Kevitt Excavating, Inc. $ 23,102.00
3) Wickenhauser Excavating, Inc. $ 25,600.00
4) DMJ Corporation $ 29,320.00
5) C & H Excavating Company $ 31,000.00
6) Hoffbeck Trucking, Inc. $ 33,800.00
7) RJK Contracting $ 34,254.00
8) Lloyd's Construction $ 34,390.00
9) Holtz Excavating $ 34,870.00
10) Max Steininger, Inc. $ 36,000.00
11) Frattalone Excavating & Grading, Inc. $ 36,677.00
12) Belair Builders, Inc. $ 37,564.00
13) Tom Borneke Construction $ 38,550.00
14) CES Concrete & Masonry, Inc. $ 42,200.00
15) Carl Bolander & Sons Company $ 44,100.00
Low Bid Engineers % Under
Estimate
03-07
House Demo/ Removal $19,425 $ 35,000 -44.5%
G:/JG/MISC/03/03-07 Bid Sum 3-18-03 Agenda
.~o
Agenda Information Memo
March 18, 2003
I. EAGAN HEIGHTS 3RD ADDITION
QUIT CLAIM DEED
ACTION TO BE CONSIDERED: Approve a Quit Claim Deed for Eagan Heights 3ra
Addition to Jadean Development, Inc., and Vista Development, Inc., and authorize the
Mayor and City Clerk to execute all related documents.
FACTS:
• On February 12, 2003, City staff received a letter from Norman Johnson, Vice-
President, Dakota County Abstract and Title, requesting a quit claim deed for the
right-of--way along Old Sibley Memorial Highway, north of Diffley Road, which was
vacated by the City of Eagan for the platting of Eagan Heights 3rd Addition. The
former state highway right-of--way had been previously conveyed to the City from the
State of Minnesota.
• On December 17, 2002, the City Council approved the vacation of the excess portions
of the Old Sibley Memorial Highway right-of--way in conjunction with the Council's
approval of the final plat for Eagan Heights 3rd Addition.
• The quit claim deed is required due to the conveyance of public property, originally
owned by the state, by the City of Eagan to private ownership.
• The request has been reviewed by the City Attorney's office and Engineering
Division and found to be in order for favorable Council action.
ATTACHMENTS:
• Letter, page.
• Legal Descriptions, pages ~ and ~.
• Location Map, page.
• Resolution, pages~(z through,3g.
3/
FEB. 12.2003 11~45AM DAKOTA CTY ABSTRACT N0.293 P. 1/3
737314Th St. W., # 161, Appl• Valloy, MN 'S&124
Dakota COUq Phone 952-432.8600 Fax ~S2-~t92.1177
Aes RACT & 71TLE nornl~dCatltla.com
February 12, 2003
BY FAX 852-432-3780
Michael Dougherty
Severson, Sheldon, Dougherty 8~ Molenda
7300 West 147th Street
Apple Valley, MN 55124
RE: Eagan Heights 3~ Addition
Dear Mike:
Part of the land in this plat was in Old Sibley Memorial Highway and was
conveyed to the City of Eagan by the State of Minnesota. Eagan subsequently
vacated the portion of the highway that was to be platted.
Our title examiner, Dave Snoeyenbos, is requiring a deed from the City of Eagan
and a Resolution approving the conveyance. The deed should run to Jadean
Development, Inc. and Vista pevelopment, Inc,, current owners of the property. I
have attached legal descriptions of the two parcels involved,
Please review this issue at your earlies# convenience. You may call Dave
Snoeyenbos if you have any questions, Nis phone is 651-304-3502.
Thank you for your help.
Sincerely,
Orman nson
Vice Pre dent
3~
RLGN'L OF WAY VACATION DESK ~'TiON
(EAS'fE:RLY 31DE OF OLD SIBt.E'1' ME:MORIAI. t11GMNAY)
That pert ol'the So~hwest quarDer of the Soutl~twest Queer of Section 19, 7wmship 27, Range Z3,
t)ala~ County, Mlrnesota whin PARCf:I~ 218A, as des+gnated per MltrNESO7A CF.PAR7MENT OF
TRANSRC}Rl'ATICaN RIGHT OF WAY PLAT H0; 19~, according ~ the recorded plat thereof. Said
parcel to ba vatted is described es follows:
Conxnerming at tl'te 3wthWest comer of .paid SocrihvNest Quarter of Section 16; thence on an
assumed t~l'inp d North 88 degrees 53 minutes 62 seca~ds t~ along the ins of said
Southwest Quarter, a dle~bnoe of 200.00 {pat; thenr~ North 0 degrees 02 rtdnutes Z6 East a
distance of bB1,12 feet tp the.southoastetiy fight of way 11ne of staff Trek Hlpf~pt No. 13;
thence North 33 d~rees o7 mlrw~es 10 seconds East. said Apht of wey'rne, a drskance of
33,47 feed tt~lee South 13degtees 36 mjnutee 19 seconds I~ a dlsbanee of 376,27 fae!•
thence South 1 degrees Q3 minutes ti3 secQnda East a dlstars~ of 168.28 ~ them North 89
degt'ees b3 minutes s2 secorais l=ast a dbtarroe of 70.01 feet to the point of beBlru~inQ of the
parcel to be described; !hence North 1 degree OS rninubs 69 seconds West a dlatanoe ~
177,14 fait; thence Nora 13 deQf+sea 36 1>1inuMa 19 seconds West a d'is~ce of 74.97 feed
thence Worth o6 degrees 53 rt8rn~les 62 aaoonds East a d~sta-rca of 14,72 f~; therssi Soulh i5
deeroas 00 minutes 32 peaonds ; Fact a distance of 98.23 few thence Sov"h 0 degrees O6
minutes 08 Seconds ~ a dlstarrce ~ q 66.09; thence South 88 de0naes 53 mirx~tes 5z
ids WQSt a dtatance of 19.51 fed to thQ point of begtnrurp.
•.
EXHIBIT
s
33
RIChiT of WAY VACATION DiE~cR1PTlON
(YVE9'f'I=RLY S10t: OF OLIN 5ll~LEY MI;MOR~AI. HIGHWAY)
That paart of the S~ott#IVMest Qa~ter of the Southwest QttaRe~" of Seaiort i9, 7awnship 27, Ratage 23,
~ c.~rrty, t~+i~ar,esota withir- PARca. zlero„ as de.ip~id Pa MINNESt7rA DEpNr of
TRANSPORTATION altB~tT OF WAY PLAT NO. 1a6, tD the recactied plat U1da~o1. t3ald
Patio! to ~ vacated is deacnbed a»s foUoMx
asa~t~earing of degrees 63 mltx~bs 52 seconds Fist, ab~g the 19eouthd syd
Soulf~west GuMEet, a distance of 240.00 foot; theme Nortta 0 degrees OZ minutss 26 ser+orxb Eeet
a cAatarxe of 68112 ~ tQ the aoutl~erly right d arr~ Atae of t8taa Trunk I-~glaa~y No, 13;
thelaee North 33 degrees 07 niftautee i0 s~eoonris Est, along sad right of way Ilse, a di~araoe of
2.11 feet to the point of b~arti~ d the penoel to be desal'bed; Naenoe oaaSnitttaq t;tottta 33
degreae 07 rrtirrrutES 10 seoorxi~s ~, along Bald right of wiay line, a dtstaraee d 3'1,3Q 1bet; thers;e
South 13 degrees 38 rr9f>utes 19 eeooracis Eaat a disttaloe of 378.27 feet; tharroe 6outh 1 dAgr+se
OS rr>mutes S3 seconds Beat i• dls~t>a of 188.26 feel" thence Sauna N degroeCS 5i rnk~utss 52
seaorads West a d~ence of 10,48 feet; mence North t1 degrees 0ti rrdrweee G8 aec;atacle YVest a
mstanca of 14z,o0 1Cat; tlaettce North i5 degn3ee Q4 rNnutes 3~, aer~ttds West a dletarace of
378.81 feet to acid vo~llla0asterlY right of Mray Ilse of State 7ruNc lgphy~r N~0.13 grad the p~M of
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EXHIBIT A
RESOLUTION
CITY OF EAGAN
WHEREAS, a regular meeting of the City Council of the City of Eagan, Dakota
County, Minnesota, was held on the 17th day of December, 2002, at 6:30 p.m. at the City
Hall located at 3830 Pilot Knob Road, Eagan, Minnesota; all members being present; and
WHEREAS, pursuant to M.S.A. §412.851, the Mayor convened the public hearing
to consider the proposed vacation of right-of--way lying over and across the following
described property:
See Attached Legal Description
WHEREAS, the Council at a regular meeting on the day of 2na day of July, 2002
accepted a petition to vacate said right-of--way pursuant to a petition and scheduled a public
hearing on the vacation for the 6th day of August , 2002, at 6:30 p.m. at the City Hall; and
WHEREAS, Affidavits of Publication of Notice of Hearing in the Dakota County
Tribune, dated the 18th of July, 2002, and the 25th of July, 2002, relative to the proposed
vacation were submitted; and
WHEREAS, the Council at a regular meeting on the 6th day of August, 2002,
continued the vacation of a portion of the public right-of--way of Old Sibley Memorial
Highway until consideration of the Final Plat and Subdivision of the Eagan Heights 3Ta
Addition; and
36
WHEREAS, the Final Plat and Subdivision of the Eagan Heights 3rd Addition was
approved at the December 17, 2002, Council meeting; and
WHEREAS, there appearing no objections to said vacation and the Council
desiring to vacate said right-of--way; and
WHEREAS, it having been determined that other than petitioner, there are no other
parties, including public utility companies, having an interest in said right-of--way, and it
appearing that it is in the public interest to vacate such right-of--way, and there being no
objections;
NOW THEREFORE, upon motion by Councilmember Bakken, seconded by
Councilmember Tilley, all members voting yes, it was RESOLVED that the right-of--way
lying over and across the following described property is hereby vacated:
See Attached Legal Description
Dated: December 17, 2002
ATTEST:
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By: Maria Karels
Its: City Clerk
THIS INSTRUMENT WAS DRAFTED BY:
PUBLIC WORKS DEPARTMENT
CITY OF EAGAN
3830 PILOT KNOB ROAD
EAGAN MN 55122
(651)681-4646
CITY COUNCIL -CITY OF EAGAN
y: Patricia E. Awada
Its: Mayor
3~
RIGHT OF WAY VACATION DESCRIPTION
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(VNESTERLY SIDE OF OLD SIBLEY' MEMORIAL f-aGHWAY)
That part of the Southwest Quarter of the Southwest Quarter of Section 19, Township 27, Range 23, Dakota County, Minnesota
within PARCEL 216A, as designated per MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 19-5,
according to the recorded plat thereof. Said parcel to be vacated is described as fo{lows:
Commencing at the Southwest corner of said Southwest Quarter of Section 19; thence on an assumed bearing of North 89
degrees 53 minutes 52 seconds East, along the south line of said Southwest Duarter, a distance of 200.00 feet; thence North 0
degrees 02 minutes 26 seconds East a distance of 581.12 feet to the southeasterly right of way line of State Trunk Highway No.
13; thence North 33 degrees 07 minutes 10 seconds East, along said right of way line, a distance of 2.11 feet to the point of
beginning of the parcel to be described; thence continuing North 33 degrees 07 minutes 10 seconds East, along said right of way
line, a distance of 31.36 feet; thence South 13 degrees 36 minutes 19 seconds East a distance of 376.27 feet; thence South 1
degree 03 minutes 53 seconds East a distance of 168.28 feet; thence South 89 degrees 53 minutes 52 seconds West a distance
of 10.48 feet; thence North 0 degrees 06 minutes 08 seconds West a distance of 142.00 feet; thence North 15 degrees 00
minutes 32 seconds West a distance of 378.61 feet to said southeasterly right of way line of State Trunk Highway No. 13 and the
point of beginning.
RIGHT OF WAY VACATION DESCRIPTION
(EASTERLY SIDE OF OLD SIBLEY MEMORIAL HIGHWAY)
That part of the Southwest Quarter of the Southwest Quarter of Section 19, Township 27, Range 23, Dakota County, Minnesota
within PARCEL 216A, as designated per MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 19-5,
according to the recorded plat thereof. Said parcel to be vacated is described as follows:
Commencing at the Southwest corner of said Southwest Quarter of Section 19; thence on an assumed bearing of North 89
degrees 53 minutes 52 seconds East, along the south line of said Southwest Quarter, a distance of 200.00 feet; thence North 0
degrees 02 minutes 26 east a distance of 581.12 feet to the southeasterly right of way line of State Trunk Highway No. 13; thence
North 33 degrees 07 minutes 10 seconds East, along said right of way line, a distance of 33.47 feet; thence South 13degrees 36
minutes 19 seconds East a distance of 376.27 feet; thence South 1 degree 03 minutes 53 seconds East a distance of 168.28 feet;
thence North 89 degrees 53 minutes 52 seconds East a distance of 70.01 feet to the point of beginning of the parcel to be
described; thence North 1 degree 03 minutes 53 seconds West a distance of 177.14 feet; thence North 13 degrees 36 minutes 19
seconds West a distance of 74.97 feet; thence North 89 degrees 53 minutes 52 seconds East a distance of 14.72 feet; thence
South 15 degrees 00 minutes 32 seconds East a distance of 98.23 feet; thence South 0 degrees 06 minutes 08 seconds East a
distance of 155.09 feet: thence South 89 degrees 53 minutes 52 seconds West a distance of 19.51 feet to the point of beginning.
3g
Agenda Information Memo
March 18, 2003 Eagan City Council Meeting
J. KOHL'S DEPARTMENT STORE (LOT 1, BLOCK 1 TOWN CENTRE 70
15TH ADDITION) EASEMENT VACATION
ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage and
utility easements and schedule a public hearing to be held on April 15, 2003.
FACTS:
• On March 6, 2003, City staff received a petition from Mr. Paul Baumgardt,
representative of the Kohls Corporation, requesting the vacation of drainage and
utility easements within Lot 1, Block 1 Town Centre 70 15th Addition, along the east
side of the Kohls department store in central Eagan.
• The purpose of the request is to allow the expansion of the back end of the existing
Kohls department store building. The existing storm sewer will be relocated and
modified with new easements provided by the property owner via separate document
as part of the building permit process.
• The easements were originally dedicated to the City as part of the Town Centre 70
15th Addition to accommodate public storm sewer pipes within the development.
• Notices will be published in the legal papers and sent to alt potentially affected and/or
interested utilities for comment prior to the scheduled public hearing.
39
Agenda Information Memo
March 18, 2003, Eagan City Council Meeting
K. FINAL PLAT (CENTRAL IRRIGATION ADDITION)
ACTIONS TO BE CONSIDERED:
To approve a Final Plat (Central Irrigation Addition) to create one lot located at 2785 Pilot
Knob Road.
FACTS:
• The proposed plat creates one 33,396 square foot lot.
• There is an existing house and detached garage on the lot.
• There is 75 feet of right of way dedicated along Pilot Knob Road and there is a small
portion of right away dedicated along the western property line; McNally Street.
• The property is zoned T, Transitional and Guided OS, Office Service.
• Development is not proposed at this time.
ATTACHMENTS (I):
Final Plat page[
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Agenda Information Memo
March 18, 2003, Eagan City Council Meeting
L • ~ APPROVE RECONVEYANCE OF TAX FORFEITED PARCEL (10-22451-
042-01) TO THE STATE OF MINNESOTA
ACTION TO BE CONSIDERED:
Approve the reconveyance of tax forfeit parcel 10-22451-042-01 (Eagan Metro
Center 2nd Addition Pt. of Lot 4 Blk 1) to the State of Minnesota.
FACTS:
• In official action of the City Council at the regular meeting held November 19, 1996,
the above referenced parcel was declared to have a public purpose and acquisition was
requested from the State through Dakota County.
• The State of Minnesota subsequently conveyed the property to the City in eazly 1997.
• Five years after all conveyances the State requests a review of each parcel to
determine if the same public purpose use or another public purpose use exists.
• Upon completion of the review, staff has determined that Eagan no longer has a public
purpose use for this land and it should be reconveyed to the State.
ya
Agenda Information Memo
March 18, 2003, Eagan City Council Meeting
/n , ~. ACCEPT PURCHASE OFFERS FOR CITY-OWNED HOMES
ACTION TO BE CONSIDERED:
• To accept purchase offers for City-owned homes at 2230 Clark Street, 2238 Clark
Street, 2246 Clark Street, and 4185 Strawberry Lane.
FACTS:
• The City of Eagan previously purchased homes at 2230 Clark Street, 2238 Clark
Street, 2246 Clark Street, and 4185 Strawberry Lane.
• These homes had experienced significant water intrusion as a result of the July 2000
super storm. Analysis conducted by the Public Works Department following the storm
determined that each of the lowest entry elevation points of these properties did not
meet the engineering standards for the 1 % storm event.
• Following acquisition by the City, the homes were modified from walkout basements
to lookout basements in order to raise the tow entry elevation points. The properties
were also re-graded and the adjacent ponds either expanded or dredged to further
mitigate future occurrences.
• On February 18, 2003, the City Council approved a listing agreement with Lisa
Rumbaugh of The RealEstate Marketplace to represent the City in the sale of the
homes. The City Administrator reviewed the proposed list prices prior to the homes
being listed on the Multiple Listing Service. The homes have all had at least one open
house and have been available for scheduled private showings. Ms. Rumbaugh will be
accepting offers through Sunday, March 16.
• Ms. Rumbaugh will present offers to City staffon Monday, March 17. The City
Attorney will be available for consultation in the event legal issues are raised with any
offers or with the process of City Council acceptance of any offers. Recommendations
for Council action will be provided in the March 17 Additional Information Agenda
memo. In the event any public policy issues aze raised the item will need to be pulled
from the consent agenda for discussion.
• The following is a breakout of the costs incurred by the City thus far, minus the
estimated resale value of the homes (based upon list prices):
Cost of Acquisition (4 homes) $817,000
Cost of Modifications (not including pond/grade improvements) $ 67,000
Cost of Mold Mitigation (4 homes) $ 20,000
Consulting, Legal, etc. (estimated) 20 000
Total 5924.000
Estimated Resale (based on list price) (817 800
Net Project Cost
~-~
Agenda Information Memo
March 18, 2003 Eagan City Council Meeting
A. PUBLIC HEARING SCENIC AND NATURAL AREA GRANT
APPLICATION
ACTION TO BE CONSIDERED:
Close public hearing and authorize the Mayor to sign the Local Government
Resolution.
OR
Not close public hearing or authorize the Mayor to sign the Local Government
Resolution
FACTS:
• On March 4, Council authorized staff to submit an application for the DNR's
Natural and Scenic Area grant.
• As part of the grant application, a public hearing is required. Topics required to
be discussed are:
- Project scope and the type of activities involved:
The project scope is fourfold; the acquisition of the Anderson parcel, to
accomplish open space preservation, buffering of the Patrick Eagan Park trail
system, expansion of habitat and parkland, and enhancement of the Metro
Greenway corridor. If acquired, the parcel would be included into the acreage
of Patrick Eagan Park.
- Implementation schedule:
The City will work with the Trust for Public Land (TPL) on the acquisition.
TPL has indicated the process could take up to a year to process.
- Overall cost and the proposed financing for the proiect:
The official appraisal has not yet been complete, but early estimates indicate a
cost of approximately $700,000. The appraisal should be complete before the
grant is submitted.
- Costs to be assessed to community residents:
Funding will be provided from the Park Site Fund, a fund generated by
developer's Park Dedication Fees rather than tax input. Friends of Patrick
Eagan Park are pursuing other grant/ funding opportunities to cover the
remaining 80% of the acquisition costs.
~~
- Other associated project costs such as maintenance expenses, etc:
Maintenance of the site, if acquired, would be minimal. The intent is to keep
the piece in its natural, undisturbed state. Maintenance and other work on the
site would include removal of hazardous debris, vandalism, or occasional
"dead branch" removal if there are hazards. The only quantifiable cost
associated with the acquisition of the Anderson piece is the real estate
transaction, appraisal (covered by the Trust for Public Land), and boundary
delineation/ survey.
• Grant requirements are such that the City is asked to submit a resolution
authorizing submission of the grant. Attached is the resolution.
ATTACHMENTS:
• Site Map, Anderson parcel, page ~.
• Letter from Dakota County Commissioner Nancy Schouweiler, pages ~~{ g.
• Local Government Resolution, page ~.
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C O U N T Y
Nancy Schouweiler February 26, 2003
Commissioner -Fourth District
4000 - 90th Street East
Inver Grove Heights, MN 55076
Home: 651.455.6440
nancy.schouweiler@co.dakota. mn.us
Dakota County To Whom !t May Concern:
Administration Center
1590 Highway 55 In the late 1990's, Dakota County learned through focus groups, a Citizens' Jury,
Hastings, MN 55033 and telephone surveys that citizens were interested in protecting farmland and
Office: 651.438.4430 natural areas. The 2001 Dakota County Residential Survey results indicated 96% of
Fax: 651.438.4405 the people surveyed thought it was important for Dakota County to pursue an active
www.co.dakoca.mn.us role in protecting natural areas from development, and 91 % said to do the same for
farmland protection.
Dakota County received $200,000 from a Legislative Commission on Natural
Resources Grant to work with other government agencies and non-profits to conduct
community meetings, seek citizen input to identify and prioritize farmland and natural
areas, as well as recommend methods to fund land protection programs. This
process concluded with the development of the Dakota County Farmland and
Natural Area Protection Plan. Included in the plan were criteria to be used for rating
parcels and some examples of property identified by citizens to be considered for
protection. In November 2002, Dakota County voters passed a $20 million
referendum to protect priority farmland and natural areas in the county.
At this time, the Dakota County Board of Commissioners is still developing the
process for awarding funds to interested and willing sellers who want to participate
in this land protection program. We hope to have most of the details and an
implementation timeline established during a work session of the Board on March
13, 2003. It is our intent to award funds for the first applications before the end of
December 2003. As much as I would like to guarantee the Anderson property would
be one of the first to be protected by this program, the process must be followed.
:1/i:h Thai; said, iiuwever, i believe the Anderson property is typical of file type of
natural area in need of protection that the County Board had in mind when
developing the program.
The Farmland and Natural Area Plan identified Central Eagan, an area north of
Lebanon Hills Regional Park, which is also known as a greenway corridor, as an
area in need of protection. The Anderson property is one of many parcels located
within that corridor. In my opinion this property would meet the following program
criteria:
• Never previously developed
• Contiguous to other preserved or identified property
• Known to have special habitat or vegetative species
• An already identified property
• Willing land owners
~~
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AN EQ1N ORdIMR1 8}10161
February 26, 2003
Page 2
In addition, factors which would contribute to the Anderson property rating a higher priority for
consideration, but not required, include:
• Local government support
• Donation or below market value rate
• Other financial contributions
• Public access to the land
Your assistance in protecting this beautiful area is an important step in the process developed
and supported by Dakota County citizens. I appreciate your time and consideration of this
property for natural preservation.
Sin rely,
Aµ
Nancy Sc o eil
Commissioner, District 4
~8~
ITEM 7 -LOCAL GOVERNMENT RESOLUTION
BE IT RESOLVED that City of Eagan act as legal sponsor for the project contained in the
Natural and Scenic Area Grant Program Application to be submitted on March 31, 2003 and that
Ken Vraa, Director of Parks and Recreation is hereby authorized to apply to the Department of
Natural Resources for funding of this project on behalf of City of Eat.
BE IT FURTHER RESOLVED that City of Eagan has the legal authority to apply for financial
assistance, and financial capability to meet the match requirement and ensure adequate
management and protection.
BE IT FURTHER RESOLVED that City of Eagan has not incurred any costs described on Item
5 and has not entered into a written purchase agreement for the property described on Item 4.
BE IT FURTHER RESOLVED that upon approval of its application by the state, Citv of Eagan
may enter into an agreement with the State of Minnesota for the above-referenced project, and
that City of Ea a~ n certifies that it will comply with all applicable laws and regulations as
stated in the grant agreement including dedicating the park property for natural and/or scenic
uses into perpetuity.
NOW, THEREFORE BE IT RESOLVED that Ken Vraa, Director of Parks and Recreation is
hereby authorized to execute such agreements as are necessary to implement the project on
behalf of the applicant.
I CERTIFY THAT the above resolution was adopted by the _City Council of Citv of Eagan
on March 18. 2003
(Applicant) (Date)
SIGNED:
(Signature)
WITNESSED:
(Signature)
(Title) (Date) (Tiilc) (Date)
'f9
Agenda Information Memo
March 18, 2003
B. LANGHOVEN (LOTS 1-5 & 10)
EASEMENT VACATION
ACTION TO BE CONSIDERED: Close the public hearing to consider the vacation of
public easements within the plat of Langhoven and:
OPTION 1) APPROVE the vacation of public easements within the Langhoven plat and
authorize the Mayor and City Clerk to execute all related documents; OR
OPTION 2) DENY the request to vacate public easements within the Langhoven plat.
FACTS:
• On April 2, 2002, the City Council approved Project 800R, Cedar Grove Access
Modifications, as a follow-up to their previous approval of the Village Plaza study for
the redevelopment of the Cedar Grove (formerly Cedarvale Area). The realignment
of the public streets adjacent to the Langhoven plat required the City's acquisition of
parcels within the plat and the removal of the existing residential structures.
• Dedication of the new public right-of--way for the relocated streets requires the
replatting of the remnant property acquired by the City of Eagan.
• The easements proposed to be vacated were originally dedicated in January, 1958, as
part of the Langhoven plat for drainage and utility purposes and grading (slope
easement). No utility facilities exist within the easements. Adequate replacement
drainage and utility easements will be dedicated as part of the new final plat
combining the six remnant lots
• The request is necessary for the City to replat the remaining portions of Lots 1
through 5 and 10 and redevelop the site. The vacation of these easements would
clean up the proposed plat by avoiding any future conflicts with underlying recorded
dedications.
• A development proposal is currently being reviewed by staff for the remaining
portion of the Langhoven plat acquired by the City of Eagan. Since the proposed plat
is being prepared by the City, it is appropriate to vacate the easements at this time
rather than waiting for the final plat approval.
• The request has been reviewed by the Engineering Division and found to be in order
for favorable Council action.
ATTACHMENTS:
• Legal Description, graphic, page.
• Location Map, page.
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Description of easements to be vacated: Vacate all utility
easements and slope easements over and across Lots 1,2,3,4,5 810,
Block 1, Langhoven Dakota County, Minnesota according to the
recorded pla thereo#.
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Feb.12, 03
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Feb. 14, 2003
City of Eagan
Agenda Information Memo
March 18, 2003 Eagan City Council Meeting
OLD BUSINESS
A. CONTRACT 03-02, LEXINGTON PLACE/ DREXEL HEIGHTS ADDITIONS
STREET IMPROVEMENTS
ACTION TO BE CONSIDERED:
1. Award the contract for Contract 03-02 (Lexington Place/ Drexel Heights
Additions -Street Improvements), to Bituminous Roadways, Inc., for the
base bid in the amount of $274,451, and authorize the Mayor and City Clerk
to execute aII related documents;
OR
2. Reject the bids for Contract 03-02 (Lexington Place/ Drexel Heights
Additions -Street Improvements).
FACTS:
• The bituminous overlay of the streets in the Lexington Place, Lexington Place South
and Drexel Heights Additions neighborhoods 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 summary 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.
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.
S~3
• 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%)
• On March 4, 2003 the Council directed that the affected property owners be notified
of a meeting to be held on March 18 to present the revised costs and estimated
assessments.
• On March 6, 2003 City staff mailed a notice to affected property owners informing
them of the Council consideration at the March 18 meeting.
• At the time of this report, City staff has not received any correspondence or phone
calls regarding this matter.
ATTACHMENTS:
• Bid & Estimated Assessment Comparison, page ~+S
• Letter sent to property owners, pages ~ through ,~
Sy
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 on Place South $219,431 $ 219,765 0.001% $ 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
it. Overly % over FR % over laR
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. Overly) % over FR
Feasibilit Re ort $35,225 $789
Based on Bids Rcvd $39,370 $882 (+11.8%
G:/1G/MISC/03/03-02 Bid Rec 3-04-03 Agenda
SS
city of eagan
PAT GEAGAN
Mayor
_ ._
PEGGY CARLSON
CYNDEE FIELDS
MIKE MAGUIRE
MEG TILLEY
Council Members
THOMAS HEDGES
Ciry Administra[or March 6, 2003
Re: Lexington Place/ Lexington Place South Additions -Street Overlay
Project No. 875, Contract No. 03-02
Dear Property Owner:
Lexington Place/ Lexington Place South Street Improvements Approved for 2003
On December 2, 2002, the City Council approved bituminous street overlay improvements for the
Lexington Place/ Lexington Place South Additions neighborhood, including the streets of
Duckwood Drive, Blue Jay Way, Blue Jay Court, Hummingbird Lane, Falcon Way, Canary Way,
and Cardinal Way. This approval was based on the feasibility report prepared by City staff
outlining the proposed cost, schedule and financing of the improvements, including special
assessments to your property. With the approval, the Council authorized the preparation of
detailed plans and solicited competitive bids.
Contractor Bids Received For Lexington Place/ Lexington Place South Street
Improvements
On February 27, 2003, contractor bids were received for the improvements. Unfortunately, the
M°°"'P't ~e"`eC low bid results in the estimated assessments increasing approximately 13% more than the
3830 Pilot Knob Road estimate contained in the feasibility report presented at the public hearing held on December 2.
The higher than estimated bid prices were mainly due to bituminous prices higher than the City
Eagan, MN 5512?-1897 has received on past similar projects. These prices are higher mainly due to the price of petroleum
Phone: 651.C>75.5000 products, a main component of bituminous mixtures, largely related to the activities in the Middle
Fax: 651.675.5012 East. A summary of the estimated assessments, based on the lowest bid received, is enclosed
reflecting the 13% increase.
TDD: 651.454.8535
IVleetinQ Scheduled to Present Revised Cost and Estimated Assessments to Property Owners
6:30, March 18, 2003 Citv Council Chambers
Maintenance Facility: According to City policy, with the higher than estimated bids received, the City Council has the
3501 Coachman Point option to hold another public meeting with the assessed property owners. On March 4, the
Council directed that the property owners be notified of a meeting to be held at 6:30 p.m., March
Eagan, MN 55122 18, 2003 in the City Hall Council Chambers (3830 Pilot Knob Road) to present the revised
Phone: 651
.675.5300 costs and estimated assessments. Interested property owners are encouraged to attend to provide
11
Fax: 651.675.53GO input to the Council.
TDD: b51.454.8535 Auxiliary aids, such as sign language interpreters, will be provided for the meeting upon advance
request of at least 96 hours. The City will attempt to provide such aid with less notice. Thank you
for your interest. If you are unable to attend this meeting, please contact me prior to the meeting
www.cityofeagan.com and I will be happy to share your comments with the City Council.
Sincerely,
~ if~~~/~
~
d
THE LONE OAK TREE
er
61r
Assistant City Engineer
The symbol of strength
and growth in our Enclosure: Assessment Information Summary Sheet
c: Mayor and City Council c/o Thomas L. Hedges, Ciry Administrator
community
~~
PAT GEAGAN
Mayor
PEGGY C;ARLSON
CYNDEE FIELDS
MIKE MAGUIRE
MEG TILLEY
Council Members
THOMAS HEDGES
1
City Admiriisrraror
Municipal Center:
city of eac~an
3830 Pilot Knob Road
Eagan, MN 55122-1697
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: G51.6~5.5360
TDD: 651.454.8535
www.ciryoFeagan.com
THE LONE OAK TREE
The symbol of strength
and growrh in our
communtry
March 6, 2003
Re: Drexel Heights Additions -Street Overlay
Project No. 876, Contract No. 03-02
Dear Property Owner:
Drexel Hei>?hts Addition Street Improvements Aayroved for 2003
On December 2, 2002, the City Council approved bituminous street overlay improvements for the
Drexel Heights Addition neighborhood, including the streets of Dresden Court, Dresden `Vay,
and Drexel Court. This approval was based on the feasibility report prepared by City staff
outlining the proposed cost, schedule and financing of the improvements, including special
assessments to your property. With the approval, the Council authorized the preparation of
detailed plans and solicited competitive bids.
Contractor Bids Received For Drexel Heights Street Improvements
On February 27, 2003, contractor bids were received for the improvements. Unfortunately, the
low bid results in the estimated assessments increasing approximately 13% more than the
estimate contained in the feasibility report presented at the public hearing on December 2. The
higher than estimated bid prices were mainly due to bituminous overlay mixture prices higher
than the City has received on past similar projects. These prices are higher mainly due to the price
of petroleum products, a main component of bituminous mixtures, largely related to the activities
in the Middle East. A summary of the estimated assessments, based on the lowest bid received,
is enclosed reflecting the 13% increase.
~Ieetinsi Scheduled to Present Revised Cost and Estimated Assessments to Property Owners
6:30, iylarch 18, 2003 City Council Chambers
According to City policy, with the higher than estimated bids received, the City Council has the
option to hold another public meeting with the assessed property owners. C-n March 4, the
Council directed that the property owners be notified of a meeting to be held at 6:30 p.m., vlarch
18, 203 in the City Hall Council Chambers (3830 Pilot Knob Road) to present the revised
costs and estimated assessments. Interested property owners aze encouraged to attend to provide
input to the Council.
Auxiliary aids, such as sign language interpreters, will be provided for the meeting upon advance
request of at least 96 hours. The City will attempt to provide such aid with less notice. Thank you
for your interest. If you are unable to attend this meeting, please contact me prior to the meeting
and I will be happy to share your comments with the City Council.
Sincerely, ,
ohn Gorder
Assistant City Engineer
Enclosure: Assessment Information Summary Sheet
C: Mayor and City Counci] c/o Thomas L. Hedges, City Administrator
57
Agenda Information Memo
March 18, 2003 Eagan City Council Meeting
B. CONTRACT 02-17, CENTRAL PARKWAY STREETSCAPING
ACTION TO BE CONSIDERED:
1. Approve Change Order #1, Cont. 02-17 (Central Parkway Streetscaping), and
authorize the Mayor and City Clerk to execute all related documents;
OR
2. Reject Change Order #1, Cont. 02-17 (Central Parkway Streetscaping)
FACTS:
• Contract 02-17 provides for the installation of streetscaping improvements along
Central Parkway between Yankee Doodle and Pilot Knob Roads. These
improvements include the installation of street lights, landscaping, irrigation, fencing
and gateway monumentation at the major intersections, all as approved at the public
hearing held on May 7, 2002 for Project 813.
• The majority of these improvements are located either on City owned property
(Central Park), Argosy Medica] School (Duke Realty) or Lockheed Martin (LM). All
easements have been dedicated or acquired from all properties except Lockheed
Martin.
• With the approval of the project, the proposed special assessment roll was adopted
providing for proposed assessments against the LM property in the amount of
approximately $500,000. However, the project approval motion also stipulated that if
LM dedicated the necessary easements, the City Council would give consideration to
deleting their related assessments.
• Since that time, the staff has met with LM to discuss the dedication of the required
easements. These meetings have been contentious with LM insisting that any
agreement include provisions in essence revising an earlier agreement related to the
acquisition of the Central Parkway right of way (Project 790R). Their demands go
beyond the issues associated with the Streetscaping easements and assessments
associated with this project.
• The specified completion date for Contract 02-17 is April 30, 2003. The staff has not
been able to reach an agreement with LM for the necessary easements to allow the
contractor to enter the property to complete these improvements within that time
frame.
• The Change Order as presented proposes to delete the improvements proposed on
LM's property for a DEDUCT of $99,185.40. This would involve the 2 gateway
monumentations located at Pilot Knob Rd. and Yankee Doodle Rd...
sg
ISSUES:
• The deletion of these elements would eliminate the need for any easements from LM.
The Council would then have to determine if the special assessments should be levied
as proposed during the public hearing. Staff would have an appraisal performed
before the Final Assessment hearing (Fall '03) for the Council's benefit in making the
final determination at that time.
• The original project was prepared with the then Council's strong desire to have the
streetscaping completed to the scope as approved. However, due to the difficulties
with the easement negotiations and the potential cost savings associated with the
proposed reduced scope, it is timely and appropriate for the Council to revisit the site
and this issue and either modify or reaffirm this original vision. If reaffirmed, a future
change order will have to be processed to extend the completion date accordingly to
meet the yet unknown possession date for LM's property.
• When the bids were presented to the Council on August 20, 2002, the low bid
exceeded the engineer's estimate by 18%. After considering an option to reject the
bids and re-advertise at a later date (Spring '02) hoping for better bids, the Council
decided to proceed with awarding the contract based on bids received reaffirming
their desire to complete this project in time for the opening of the new Community
Center.
ATTACHMENTS:
• Graphic sketch of proposed gateway monuments, page ~jC/
59
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Agenda Information Memo
March 18, 2003
C. CONTRACT 03-11, KENNERICK ADDITION (POND HDP-1)
STORM SEWER IMPROVEMENTS
ACTION TO BE CONSIDERED:
OPTION 1: Approve the plans and specifications for Contract 03-11 (Kennerick
Addition, Pond HDP-1-Trunk Storm Sewer Outlet) as presented and
authorize the advertisement for a bid opening to be held at 10:30 a.m. on
Thursday, April 10, 2003.
OR
OPTION 2: Approve the plans and specifications for Contract 03-11 (Kennerick
Addition, Pond HDP-1-Trunk Storm Sewer Outlet) as amended to
include an expansion of Pond HDP-1, and authorize the advertisement
for a bid opening to be held at 10:30 a.m. on Thursday, April 10, 2003.
FACTS:
• Contract 03-11 provides for the construction of a storm sewer outlet for Pond HDP-1
to serve the proposed Kennerick Addition and additional adjacent properties in
addition to a storm sewer pipe addressing drainage from the Lone Oak Road right-of-
way, all as outlined and discussed in the feasibility report for Project 806R.
• On February 18, 2003, the City Council held a Public Hearing for Project 806R.
After the staff presentation, the property owners adjacent to the proposed
improvements presented concerns regarding the proposed storm sewer alignment and
construction method included in the feasibility report and the associated impacts to
the existing topography and vegetation. The City Council addressed said concerns by
authorizing staff to prepare detailed plans and specifications including alternative
designs for the directional drilling of the east-west alignment of the storm sewer pipe
in addition to options for directional drilling and open cut trench installation along an
alternative alignment suggested by the residents.
• The City Council also directed staff to hold another informational neighborhood
meeting to discuss the design alternatives to be included in the final plans. On March
12, staff met with the affected property owners to review the plans and discuss the
proposed alternatives. 12 people representing 11 properties attended the
informational meeting.
• The consensus of the neighborhood at the March 12 meeting was in support of the
storm sewer alignment suggested by the residents at the Public Hearing, with
installation by directional drilling. It is anticipated that the increased cost of
directional drilling along this alternative alignment might be offset by the reduced
length of pipe to be installed. Alternates will be included in the bid specs to allow the
Council to evaluate the cost effectiveness at the April 15 Council meeting when the
bids will be presented for consideration of contract award.
• The plans and specifications have been completed and are being presented to the City
Council for their approval and authorization of the advertisement for bids.
6/
ISSUES
• Some of the neighbors also requested an expansion of the flood storage capacity
adjacent to the pond by regrading the backyards, including the removal of the
canary reed grass. The excavation of material adjacent to the wetland would
require the 2:1 wetland replacement stipulated in the Wetland Conservation Act.
Restoration of the yards and additional easements from all property owners would
also be required. The residents have requested seeding with native wetland forbs
and grasses. This project as designed does not require the expansion of the pond
and related backyard restoration as requested. As such, the Council should
determine how the additional design and construction costs should be funded if
this is to be included in the plans being approved for competitive bid solicitation.
6~
Agenda Information Memo
March 18, 2003 Eagan City Council Meeting
D. CONTRACT 03-01. TOWN CENTRE AREA
STREET & ACCESS MANAGEMENT IMPROVEMENTS
ACTION TO BE CONSIDERED:
1. Approve the plans and specifications for Contract 03-01 (Town Centre Area -
Street & Access Management Improvements) and authorize the advertisement for
a bid opening to be held at 10:30 a.m. on Tuesday, April 29, 2003.
OR,
2. Reject plans and specifications for Contract 03-01 (Town Centre Area -Street &
Access Management Improvements).
FACTS:
• Contract 03-01 provides for the bituminous overlay and access management
improvements of the streets in the Town Centre Area, as outlined and discussed in the
feasibility report for Project 851. It also provides for the bituminous overlay of
Crestridge Lane, as outlined and discussed in the feasibility report for Project 882.
• On December 2, 2002, the City Council held a public hearing for Project 851. After
staff presentation and public comment, the Council approved the project and
authorized preparation of detailed plans and specifications, subject to the following
conditions:
1. Commercial properties to be assessed on an area basis, and Residential
properties to be assessed on a frontage basis.
2. Include sidewalk on Town Centre Drive on the west/north side.
3. Include Alternate #1, Left-turn lane on south leg of Town Centre/Denmark
intersection
4. Include Option A (single left-turn lane on west leg of Duckwood/Town
Centre) for Area 3; and authorize that the approval of the project shall be for
two years, acquire right of way through quick take condemnation if necessary,
and the preparation of detailed final plans and specifications.
5. The eastern access from Duckwood to Walmart shall be closed.
• On February 4, 2003, the City Council held a public hearing for Project 882. After
staff presentation, the Council approved the project and authorized preparation of
detailed plans and specifications.
• Projects 851 and 882 have been combined under one contract (Contract 03-01), to
increase economies of scale.
• The plans and specifications, with all applicable Council conditions from Project 851,
have been completed and are being presented to the City Council for their approval
and authorization of the advertisement of bids.
~3
ISSUES
• Condition 5 of the Council project approval reflects the Council's desire to close the
existing Walmart access onto Duckwood with the proposed relocation of the entrance
further to the west, as detailed in the feasibility report. Subsequent to project
approval, staff reviewed the closing of the easterly access and the relocation of the
driveway to the west and found it to be of minimal benefit to the capacity and
function of Duckwood Drive. The plans reflect maintaining the Walmart driveway
accesses as currently configured, and meet the intent of the Council condition to
provide a single access onto Duckwood Drive for Walmart.
• The proposed improvements detailed in the feasibility report presented for Council
approval on December 2 included the relocation of the combined Kohls/ Walmart
access onto Town Centre Drive south to better align with driveways across Town
Centre Drive. Subsequent to the Council approval, representatives from Kohls have
expressed concern regarding the ability to acquire the necessary private cross
easements to allow Kohls use of the relocated driveway on Walmart property. The
plans and specifications presented for approval reflect the proposed relocation. City
staff will continue discussions with Kohls and Walmart representatives to secure the
necessary cross easements to allow the proposed driveway relocation.
6~
Agenda Information Memo
March 18, 2003, Eagan City Council Meeting
VII. NEW BUSINESS
A. COMPREHENSIVE GUIDE PLAN AMENDMENT (Special Area 4, Central Area)
ACTIONS TO BE CONSIDERED:
To direct staff to submit a Comprehensive Guide Plan Amendment to the Met Council for
Special Area 4.
FACTS:
• The Central Area is divided into four quadrants -northeast, northwest, southeast,
southwest -which are separated by Yankee Doodle Road and Interstate 35E.
• In 1995, a Comprehensive Guide Plan Amendment was adopted for the Central Area,
with a focus to develop the northeast quadrant.
• This proposed amendment discusses existing land use, transportation and airport
implications.
• The proposed amendment outlines the land use designations and zoning designations by
quadrant.
• The proposed amendment focuses on what exists in the Central Area and briefly touches
on the few vacant parcels.
• The update is more of a house keeping procedure, allowing the text to represent what
exists and what is planned.
ATTACHMENTS (3):
Advisory Planning Commission Minutes pag~j~
Memo to Advisory Planning Commission page
Planning staff report, pages to
6S
City of Eagan DRAFT
Advisory Planning Commission Meeting Minutes
February 25, 2003
Page 3
II. PUBLIC HEARINGS
A. COMPREHENSIVE GUIDE PLAN AMENDMENT -CITY OF EAGAN
Planner O'Bryan introduced this item and highlighted the information presented in the City
Staff report dated February 20, 2003. She noted the background and history of the area
and commented that there was typographical error located in page 7 of the report,
concerning the Northwest Quadrant and that the properties were not zoned LB, limited
business and instead were GB, general business.
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 provided a general overview of the historical development of the area and
the previous goals of the City. She expressed support of its conclusions and policies and,
in particular, the goal that the area attempts to become more "pedestrian friendly."
Member Leeder offered support indicating that the office service designations fit well.
Member Heyl moved, Member Hansen seconded a motion to recommend approval of the
Comprehensive Guide Plan amendment for a special area in number 4.
All voted in favor. Motion carried 7-0.
66
- -~ ~ ~~
TO:
FROM:
DATE:
SUBJECT:
MEMO
City of Eagan
Advisory Planning Commission
Sheila O'Bryan, Planner
February 18, 2003
Comprehensive Plan Amendment -Special Area 4
Special Areas were created as part of the Comprehensive Guide Plan Update that was initiated in
1998 and resulted in the adoption of Eagan's Comprehensive Plan 2000 in February 2001 (map
attached).
Seven Special Areas were created because they were areas that either contained unique
circumstances that could be best dealt with in a manner specific to the area or encompassed a large
area the City wanted to more closely analyze. Most of the Special Area included existing uses that
were not consistent with the long-range vision for development in that area but did not negatively
impact the vision and could be phased out over time.
To date, the City has processed six out of the seven Special Areas (1,2,3,5,6, and 7) Comprehensive
Guide Plan Amendments.
In this case, in 1995 a Comprehensive Land Use Plan Amendment was adopted for the Central
Area. The focus was to guide development of the northeast quadrant as an integrated multi-use
neighborhood incorporating a variety of activities. The northeast quadrant was to represent many
different land uses, including a commercial component, a small scale "main street" with small
shops, a central park and moderate density residential neighborhoods. Some of the elements of the
1995 Central Area Plan were incorporated in the development of the northeast quadrant; the Eagan
Promenade development did not fully realize some key elements of the 1995 Central Area Plan.
The Promenade occupies a great amount of the area in the northeast quadrant and consists of some
big box retail, along with smaller shops in a strip center setting, with large parking lots. The Plan
for a central park was not executed in the northeast quadrant; however, the central park element was
later implemented in the northwest quadrant. For further determination of long-range plans for the
area, the City would process a Comprehensive Guide Plan Amendment to define Special Area
number 4.
The draft Special Area Plan is attached.
Action to be considered:
To recommend approval of the Comprehensive Guide Plan Amendment for Special Area number 4
6~
CITY OF EAGAN
COMPREHENSIVE GUIDE PLAN
02/20/03
CENTRAL AREA
(SPECIAL AREA 4)
68'
DRAFT
Background:
In 1995, a Commercial Land Use Plan Amendment was adopted for the Central Area.
See Area Map, exhibit 3.7.4 a. The Amendment established polices, uses, and goals in
the northeast quadrant. The Central Area was established as an area of mixed retail,
office, service and residential uses conveniently serving the shopping needs of the
community at large as well as surrounding communities. The area also provides a
significant corporate office employment base.
The focus in 1995 was to guide development of the northeast quadrant as an integrated
multi-use neighborhood incorporating a variety of activities such as living, shopping,
dining, socializing and recreating. The northeast quadrant was to represent many
different land uses, including a commercial component, a small scale "main street" with
small shops, a central park and moderate density residential neighborhoods. The goal
was to establish a community focal point, to create a "main street" feel with specific
architectural standards, smaller commercial shops on both sides of a boulevard,
decorative lighting, a pedestrian friendly design and to create public open space.
While some elements of the 1995 Central Area Plan were incorporated in the
development of the northeast quadrant (a mix of commercial and medium density
residential, some smaller retail shops, uniform architectural features, decorative lighting,
etc.), the Eagan Promenade development did not fully realize some key elements of the
1995 Central Area Plan. The Promenade occupies a great amount of area in the northeast
quadrant and consists of some big box retail, along with smaller shops, in a strip center
setting. Large parking lots are more vehicle oriented than pedestrian friendly. Public
spaces in the form of boulevards and a central park did not come to fruition; however, the
central park element was later implemented in the northwest quadrant.
General Area Description:
Land Use
Existing
The Central Area is divided into four quadrants -northeast, northwest, southeast,
southwest -which are separated by Yankee Doodle Road and Interstate 35E.
The Central Area consists primarily of mixed retail, professional office, commercial,
medium and high density residential, and public uses. These uses encompass the Central
Area providing shopping needs to the community at large and adjacent neighbors, and
providing a significant employment base. Evolvement of the Community Center and
Central Park located in the northwest quadrant draws people in from all areas of the City
and surrounding suburbs. Major access points are via Pilot Knob Road, Yankee Doodle
Road and Interstate 35E.
6~9
DRAFT
In the late 1990's some significant land use changes occurred in Special Area 4. These
changes were market driven and involved some redevelopment and remodeling of
properties. See Area Map. Exhibit 3.7.4.b. A specific example of redevelopment in the
northwest quadrant is the transformation of the Eagan Athletic Club site to Sydney's
restaurant and the Commons on Marice senior housing facility. This redevelopment
project changed the use of the property completely and was privately funded. A second
redevelopment/reuse project in the northwest quadrant was the conversion of a medical
clinic to a day care. In the southeast quadrant market driven changes also occurred with a
major remodeling of the Frank's Nursery property. This property was converted from a
specific retail use to a service oriented use, Anchor Bank. Privately funded
redevelopment occurred where a Hardee's restaurant was razed and a new building was
built to house Tires Plus. The development of MVTA (Metro Valley Transit Authority)
Park and Ride ramp at Yankee Doodle Road and Pilot Knob Road also is a good example
of new investment in the Central Area that replaced a surface lot park and ride with
structural parking and some small scale retail. These examples demonstrate the
possibilities of redevelopment, reinvestment, and reuse of properties located in the
Central Area.
Transportation
The Metro Valley Transit Authority (MVTA) Park and Ride lot is located at the
intersection of Pilot Knob Road and Yankee Doodle Road, which provides easy access
and positive visibility. The facility has been enhanced with a small retail center that is
privately owned, but located on the property held by the MVTA, as well as an MVTA
owned parking ramp. The parking ramp addition provides more than 600 additional
parking stalls to accommodate the Park and Ride users. This investment demonstrates
positive public and private partnership and both facilitates and enhances future transit
opportunities for not only the Central Area, but the entire community.
The Central Area Ring Road is planned to provide a continuous roadway loop connecting
areas of development around the intersection of Pilot Knob Road and Yankee Doodle
Road. In addition to providing access, the ring road will provide an alternative to the
congested Pilot Knob Road/ Yankee Doodle Road intersection. Portions of the ring road
have been completed, including Duckwood Drive, Denmark Avenue, Federal Drive,
Central Parkway, and a portion of Northwood Parkway. The elements that remain to be
completed are the two extensions (with bridges) across I-35E, one at Duckwood Drive
and the other at Northwood Parkway, in the southwest and northeast quadrants,
respectively, of the Central Area. These two extensions will connect Northwood Parkway
with Pilot Knob Road/Central Parkway, and Duckwood Drive with Federal Drive,
completing the continuous loop around the Central Area. The ring road system also
includes south-oriented freeway ramps, from northbound I-35E and to southbound I-35E,
to further relieve congestion at the Pilot Knob/ Yankee Doodle intersection.
~v
DRAFT
The Town Centre area is located in the southeast quadrant of the Central Area. In keeping
with the goals of the ring road concept and to address customer and resident concerns,
traffic and pedestrian safety improvements will be implemented in the Town Centre area
in 2003. These improvements include driveway access management, traffic lane
modifications, traffic signal installations, and sidewalk installation, which are meant to
increase safety, decrease traffic delays, and encourage multi-modal transportation,
including biking and walking.
Airport Implications
The Central Area is impacted by aircraft operations at Minneapolis-St. Paul International
Airport (MSP). The area is likely to receive fairly frequent overhead flights from
departing aircraft on Runway 17 and Runway 12R; however the types of aircraft and
severity of impact will differ depending upon the originating runway.
Runway 17 is scheduled to open at MSP in November 2004. Departures on Runway 17
will be spread on approximately ten (10) different flight tracks. Flight Track A
(approximate 95° heading) flies directly over Central Park. Flight Track A is projected to
be used for 10.1 % of departing aircraft, or a daily average of 30 operations overhead.
The Central Area is located roughly 4.5 miles from the end of Runway 17. The majority
of aircraft utilizing Flight Track A will bejet-engine commercial passenger planes. The
standard departure profile for most aircraft would be at an altitude of 2,000 feet or higher
when passing over the Central Area.
The Central Area will also be affected by departing aircraft from Runway 12R, being
approximately two (2) miles from runway end. Through the utilization of the Eagan-
Mendota Heights Comdor by the Federal Aviation Administration Traffic Control (FAA-
TRACON), the majority of departure operations should be confined in the area north of
Lone Oak Road. However, turbo-prop aircraft are not bound by the restrictions of the
Eagan-Mendota Heights Corridor and will make southerly turns immediately after
departure, flying over the Central Area. Turbo-prop aircraft have a significantly lower
noise profile than jet-engine aircraft.
Preliminary drafts of the 2005 MSP 60+ DNL (day-night level) Noise Contour do not
include the Central Area within the area (60+ DNL) that is identified as having
significant noise levels. DNL is a weighted noise measure used by the FAA and
Metropolitan Airports Commission to identify geographic areas where populations will
be highly annoyed by aircraft noise. As no portion of the Central Area is likely to be
within the 60+ DNL Contour, residential properties will not be eligible for sound
insulation or other mitigation programs. However, the City will review the types of use
in the area to be sure that appropriate noise reduction measures (45 dB interior noise
level) are met during construction, especially for sensitive uses such as schools, nursing
homes, hospitals, and single-family residential.
~i
DRAFT
Conclusions:
1. The majority of the Central Area is developed and has been established as a
community/regional destination area. It is easily accessed by Pilot Knob
Road, Yankee Doodle Road and Interstate 35E, which also provides good
visibility.
2. There remain several undeveloped parcels in the Central Area. These parcels,
over time, will be rezoned and developed with an appropriate use that
complements the surrounding area and reflects the Comprehensive Plan land
use designation.
3. The Central Area presents opportunity for future redevelopment as evidenced
by recent market driven redevelopment and reuse of properties. The most
recent example is Frank's Nursery converting to Anchor Bank.
4. Development of the Community Center and Central Park in this area has
created a community meeting place for Eagan residents. This development
will also benefit neighboring communities through a variety of amenities and
different public events.
5. Development of the ring road will provide an alternative to the congested Pilot
Knob Road/Yankee Doodle Road intersection and facilitate circulation and
access throughout the Central Area.
Land Use Designation:
The Central Area has been designated Special Area 4 due to unique circumstances that
exist in this area. Considering the current and intended uses of the properties in Special
Area 4, there are seven different land use designations. See Area Map, exhibit 3.7.4.d.
Northeast Ouadrant
The majority of the northeast quadrant carries RC, Retail Commercial land use
designation. The Retail Commercial designation provides a variety of retail related uses
offering goods and services. Medium Density Residential (4-12 units/acre)
designations occupy a significant area in the northeast quadrant and allows for two-
family dwellings, townhomes, and condominiums. Four parcels shall be designated BP,
Business Park, which accommodates a mix of professional offices, research and
development facilities, including hotels and restaurants. Three parcels are designated
O/S, Office Service, which provide areas for offices and lower intensity service and
retail business.
~~
DRAFT
Southeast Quadrant
The southeast quadrant carves three land use designations. The majority of the area
consists of Retail Commercial and Office Service land use designations. While the third
designation is Medium Density Residential.
Southwest Quadrant
The southwest quadrant is predominately Retail Commercial with a small amount of
Office Service land use designations.
Northwest Quadrant
The Central Area has limited undeveloped land located in the northwest quadrant, these
parcels vary in size from one acre to 23 acres. Based on the surrounding uses and land
uses the land use designation shall complement the use and intensity of the area as well as
be compatible with the surroundings and reflect the current land uses and surrounding
land uses. It is suggested that an Office Service land use designation would be
appropriate for these vacant parcels in the northwest quadrant. There is also limited
High Density Residential (12+ units/acre) land use designation in this quadrant that is
compatible with more intense commercial uses given the appropriate scale, buffering and
design. A large portion of the northwest quadrant is guided P, Public and is intended for
general public use. Less than an acre of land is guided QP, Quasi Public which maybe
either public or privately owned and operated, but are intended for general public use.
Zoning Designation:
There are 10 different zoning districts in the Central Area. Each quadrant in the Central
Area occupies different zoning districts. The zoning districts are outlined by quadrant
break down. See Area Map, exhibit 3.7.4.c.
Northeast Quadrant
The majority of the northeast quadrant is zoned PD, Planned Development. The major
Planned Development is Eagan Promenade. This development consists of major retail
with some services as well as small retail. There are also some parcels designated BP,
Business Park and A, Agriculture.
Southeast Quadrant
The majority of the southeast quadrant is comprised of parcels that are zoned PD,
Planned Development, LB, Limited Business and CSC, Community Shopping
Center. The PD that dominates the southwest quadrant is the Town Centre 100
Additions. Like the Eagan Promenade this development consists of major retail with
some services as well as small scale retail. The LB parcels consist mostly of medical
~~
DRAFT
offices and clinics. The CSC designated parcels are also a part of the Town Centre
development, as well as the Duckwood addition. There are other Planned Developments
in the southeast quadrant which consist of small retail and service oriented business as
well as small scale multiple family residential uses.
Southwest Quadrant
The southwest quadrant occupies three zoning districts, PD, Planned Development, GB,
General Business, and LB, Limited Business. These parcels represent small scale
retail, service oriented businesses and office uses.
Northwest Quadrant
The northwest quadrant has sizeable parcels designated as RD, Research and
Development, which are occupied by three major office complexes. The Community
Center and Central Park are also located in the northwest quadrant and occupy 29 acres
of land that is designated P, Park. There is also has some larger scale residential
properties designated R-4, Residential Multiple District. There is one parcel that is less
than an acre in area that is zoned PF, Public Facility. There are six parcels in the
northwest quadrant that are zoned GB, General Business. With the exception of the
Super America property, these parcels should be rezoned to a more appropriate zoning
designation to complement the use and intensity of the area as well as to be compatible
with their surroundings and to reflect current land uses and surrounding land uses. Three
of the six parcels are vacant and border Interstate 35E. These parcels have valuable
visibility along the Interstate and Northwood Parkway and are easily accessible. These
three parcels shall occupy a LB, Limited Business ultimate zoning designation. The
largest undeveloped parcel is located in the Central Area is located in the northwest
quadrant and presently carries an A, Agriculture zoning designation. However, the
ultimate zoning designation for this parcel should be Research and Development, to
complement the surrounding uses. It also has the possibility to be a market driven
development, as do the rest of the undeveloped parcels in the Central Area. See Area
Map, exhibit 3.7.4.e.
Zoning Map
A city wide zoning map update was adopted in September 2002. Based on the update,
the Central Area's zoning designations should remain the same except for the General
Business zoned properties mentioned earlier. The only other properties that may have a
zoning change in the near future are those that currently hold an Agriculture zoning
designation.
Those parcels within the Central Area carrying an Agriculture zoning designation will
retain such zoning until such time as a specific development is proposed. Under such
Agriculture zoning designations, existing homes in the area would be able to remain as
"conforming" uses.
~~
DRAFT
Policies:
1. The City will support development that enhances the existing natural and man-
made features within the Central Area because of the area's high visibility and
exposure to major roadways.
2. The City will support future market driven redevelopment and/or reuse in the
Central Area. Any such changes should be complementary to surrounding uses
and compatible with the land use and zoning designations specific to the property.
3. The City supports continued dense, quality mixed-use development, with a
complete range of retail, office, services, medium high-density residential and
lifecycle housing and public space uses within the Central Area. Proactive zoning,
performance standards and design guidelines will be considered to achieve these
goals with any future large scale redevelopment or reuse.
4. The City will support development and redevelopment within the Central Area
that accommodates multi-modal transit as an integrated component of the area by
providing an access network compatible with pedestrian, vehicular and transit
movement.
5. The City will review the types of uses in the area that maybe impacted by the
airport noise contours to be sure that appropriate noise reduction measures (45 dB
interior noise level) are met during construction, especially for sensitive uses such
as schools, nursing homes, hospitals, and single-family residential.
6. The City will support and encourage future traffic and pedestrian safety
improvements throughout the Central Area, which are presently being
implemented in the Town Centre Area. Such improvements may include
driveway access management, traffic lane modifications, traffic signal
installations, and sidewalk installation.
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r
Agenda Information Memo
March 18, 2003
NEW BUSINESS
B. 2003-2004 City Council Goals-Ratification of the City Council's 2003-2004
Goals.
ACTION TO BE CONSIDERED:
To ratify the City Council's 2003-2004 Goals.
FACTS:
• The City Council held their annual goals retreat on February 11 and 12, 2003 at
Moonshine Park Retreat Center.
• At the retreat, the Council reviewed the 2001-2002 goals and recommended that
many of the goals continue in 2003-2004.
• In addition to the continued goals of 2001-2002, the Council recommended six new
goals for 2003-2004.
• The Council again reviewed the goals at their March 5 City Council retreat and
recommended the ratification of eleven (11) City goals for 2003-2004.
• Upon ratification by the City Council, it was the Council's recommendation at the
March 11 and 12 retreat that City staff review the goals and recommend objectives
and strategies as to how the City can best meet the goals.
ATTACHMENTS:
Attached on paged are the goals that were recommended by the City Council for ratification.
B/
2003-2004 PROPOSED CITY COUNCIL GOALS
**The goals have not been formally approved by the Council. The goals are
scheduled for Council's ratification at the March 18 City Council meeting.
1. Secure funding to construct the Ring Road with a common
streetscaping scheme.
2. Encourage availability of housing to meet the needs of Eagan's work
force growth.
3. Encourage productive City Council and commission relationships
4. Implement a comprehensive City-wide communications plan that
includes:
• Citizens Academy
• Town Hall meetings
5. Complete construction of the City's entry (gateway) monuments
6. Research and pursue economic development opportunities.
7. Research and implement homeland security initiatives.
8. Pursue future green-space initiatives
9. Promote Cedar Grove redevelopment by:
• identifying specific land users
• seeking funding partnerships
• exploring transit hub and housing options/costs
10. Communicate the impact of the 2004 North-South runway
11. Streamline City operations and staffing to reduce City costs and
improve efficiencies and output
8~
Agenda Information Memo
March 18, 2003
VIII. COMMUNITY CENTER UPDATE
Per the direction of the City Council, an update on the Community Center will be included as an
agenda item on each regular City Council agenda until the center is operational.
ACTION TO BE CONSIDERED:
To approve the Operations Committee's recommendation regarding 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, including at their March 12 meeting,
per the Council's direction at the March 4 Council meeting.
• At the March 12 Operations Committee meeting, the meeting room fees were
readdressed and have been revised for Council consideration.
• 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 Operations Committee's recommended fee schedule for the
Community Center, which includes booking recommendations and suggested scheduling
priorities.
g3
Agenda Information Memo
March 18, 2003
VIII. COMMUNITY CENTER UPDATE
Per the direction of the City Council, an update on the Community Center will be included as an
agenda item on each regular City Council agenda until the center is operational.
ACTION TO BE CONSIDERED:
To approve the usage policy for the Eagan Bandshell at Central Park.
FACTS:
The Operations Committee reviewed the first draft of the bandshell policy in January
2003 and directed that the City Attorney review the policy.
Per the recommendation of the City Attorney, modifications were made to the policy,
including a separate section that includes criteria for permit denial, amended permit
applications, and the appeal process if a permit is denied.
The committee suggested that the policy be revisited once the bandshell is operational
and the City can better determine the policy needs.
ATTACHMENTS:
Attached without page number is the proposed Eagan Bandshell at Central Park policy.
~Y
AGENDA
CITY OF EAGAN
SPECIAL MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY
EAGAN MUNICIPAL CENTER
MARCH 18, 2003
A. CALL TO ORDER
B. ADOPT AGENDA
C. APPROVAL OF MINUTES
A. Regular EDA Meeting of March 4, 2003
D. NEW BUSINESS
A. Appoint Secretary/Deputy Executive Director
E. ADJOURNMENT
gS
Agenda Information Memo
March 18, 2003 Eagan Economic Development Authority Special Meeting
C. APPROVE MINUTES OF MARCH 4.2003 REGULAR
MEETING OF THE EAGAN ECONOMIC
DEVELOPMENT AUTHORITY
ACTION TO BE CONSIDERED:
To adopt a resolution approving the minutes of the March 4, 2003 regular EDA meeting.
ATTACHMENTS:
• Minutes are attached on pages ~ and _~.
• Resolution is attached on page ~.
g6
NIINiJTES OF A REGULAR MEETING OF THE
EAGAN ECONOMIC DEVELOPMENT AUTHORITY
Eagan, Minnesota
March 4, 2003
A meeting of the Eagan Economic Development Authority was held on Tuesday, March
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 Tilley moved, Commissioner Fields seconded a motion to approve the
agenda as presented. Aye: 5 Nay: 0
APPROVAL OF MINUTES
Commissioner Tilley moved, Commissioner Maguire seconded a motion to approve the
minutes of the February 4, 2003 Economic Development Authority meeting. Aye: 5 Nay: 0
PURCHASE AGREEMENT - 3986 CEDAR GROVE PARKWAY
DELTA DEVELOPMENT
Assistant City Administrator Verbrugge discussed 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.
Commissioner Carlson moved, Commission Tilley seconded a motion 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. Aye: 5 Nay: 0
SCHEDULE SPECIAL EDA MEETING
Commissioner Tilley moved, Commissioner Fields seconded a motion to schedule a
special meeting of the EDA for March 18, 2003. Aye: 5 Nay: 0
ADJOURNMENT
The meeting adjourned at 9:15 p.m.
Date
Executive Director
89
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.
8'8
EAGAN ECONOMIC DEVELOPMENT AUTHORITY
RESOLUTION APPROVING THE MINUTES OF THE MARCH 4, 2003
REGULAR MEETING
BE IT RESOLVED by the Board of Commissioners of the Eagan Economic
Development Authority to approve the minutes of the Mazch 4, 2003 regular meeting of
the Eagan Economic Development Authority.
Motion by:
Second by:
Those in Favor:
Those Against:
CERTIFICATION
I, Thomas L. Hedges, 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
18~' day of March, 2003.
Thomas L. Hedges, Executive Director
g9
Agenda Information Memo
March 18, 2003 Eagan Economic Development Authority Special Meeting
D. NEW BUSINESS
A. APPOINT SECRETARY/DEPUTY EXECUTIVE DIRECTOR
ACTION TO BE CONSIDERED:
To adopt a resolution appointing Gene VanOverbeke as Secretary/Deputy Executive
Director of the Eagan Economic Development Authority.
FACTS:
• The position of Secretary/Deputy Executive Director is vacant following the
resignation of Assistant City Administrator Jamie Verbrugge. Administrative Services
Director Gene VanOverbeke has previously served in this capacity.
ATTACHMENT:
• The resolution is attached on page
90
EAGAN ECONOMIC DEVELOPMENT AUTHORITY
RESOLUTION APPOINTING ASECRETARY/DEPUTY EXECUTIVE
DIRECTOR
BE IT RESOLVED by the Boazd of Commissioners of the Eagan Economic
Development Authority to appoint Gene VanOverbeke, Director of Administrative
Services, as the Secretary/Deputy Executive Director of the Eagan Economic
Development Authority.
Motion by:
Second by:
Those in Favor:
Those Against:
CERTIFICATION
I, Thomas L. Hedges, 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
18`f' day of Mazch, 2003.
Thomas L. Hedges, Executive Director
9/
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.
Nlcetinl; 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 A113 mtg. A113 rooms/ Teen/Sr. or Board
room rooms max (per 8 Perform.Rm Room
hour da
Resident: $10.65 $29.29 $106.50 $37.28 $13.32
Non Resident
& for profit: $13.85 $38.08 $138.45 $48.46 $17.31
x$24.23
Reduced rate
(if already book-
ing full banquet room $8.52 $23.43 $85.20 -$29.82 $10.65
for 8 hours or more) x$14.91
Rooms are booked by the hour with a 2 hour minimum.
All rates are subject to change.
Requires damage deposit of $150.00
- Does not apply to the teen and/or performance room
When renting only % of the Lone Oak Room(s).
CTvmnasirtm hates
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'cc
Groups who have already booked the banquet room can add the atrium space for an
informal pre-function gathering.
Fee: $250.00
13aily Fee
Includes use of cardiovascular and weight training equipment, track, gym, and locker
rooms.
Drop-in fee: $10.00
i4l.ert~bcrshil~
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 maybe 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:
~~e 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
13i~•thclay Party I'ackal;es
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 %2 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.
"1"he ()al.s 13anyuet Itor~n~
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.
f
,`
DRAFT
BANDSHELL RENTAL POLICY CONSIDERATIONS
Priority use Schedule:
1) City of Eagan sponsored event.
2) Community Center permitted event.
3) Other use requests:
Category A ): Permit requests with an estimated attendance of 300 or less - $50 per hour
rental fee plus a $150.00 damage deposit.
A permitted event with an estimate of 300 or less that exceeded the estimate will be
subject to loss of damage deposit.
Category B ): Permit requests with an estimated attendance to exceed 300 - $50 per hour
plus the current police officer hourly rate per hour, as indicated in the current city fee
schedule.
Requests that anticipate attendance over 300 will require one officer, plus an additional
ofifcer per 150 expected attendees.
**All permitted requests will be subject to a $50.00 cancellation fee.
Bandshell Rules and Requirements
- Applications for a bandshell permit will be accepted after January 1 of each year.
Permits must be submitted 45 days in advance of the desired event date. Rental
fee and damage deposit are required to be paid at time of application submittal. If
a permit is denied, the applicant will be notified in writing within 10 days of the
City's receipt of the permit request .The applicant may submit an amendment to
their application. The applicant also has the right to appeal the decision to the City
Council within seven (7) days after the written denial was served (see policy on
Criteria for Permit Denial, Amended Applications and the Appeal Process).
- Performances involving conduct undesirable or not acceptable to the general
public as may arouse resentment, anger, and / or fear to the public will not be
acceptable per Mn. Statute Sections 609.72 and 609.74.
- Any event that willfully deviates from its permitted request will forfeit 100 % of
the damage deposit.
- All existing ordinances related to use/consumption of alcohol on park grounds
apply.
Sec. 10.23. Rules and regulations governing public parks and recreation
areas.
Subd. 2. Unlawful acts (hours and conduct). It is unlawful for any person, in any park
or recreation area, to:
A. Be under the influence of an alcoholic beverage or controlled substance
B. Bring wine or liquor, as those terms are defined in chapter 5 of the City Code,
or bring beer, as that term is defined in said chapter, in kegs, barrels or case
lot quantities except where authorized by written permit from the council or
park director.
C. Use, possess or sell any controlled substance.
- All existing ordinances related to "Noisy gatherings and electric sound" Sec.
10.31 of City of Eagan code applies.
Sec. 10.31. Noisy parties or gatherings and electronic sound systemlaudio
equipment.
Subd. 1. Noisy parties and gatherings. It is unlawful for any person to permit
or to be present at or participate in a noisy party or gathering of people from
which noise emanates of sufficient volume or nature so as to disturb the peace,
quiet or comfort of another or interferes with the right of another to use
peacefully his/her property, whether on public or private property. It shall be
presumed that a violation of this section has occurred when any noise from a
gathering is plainly audible, at a distance of 50 feet or more, between the hours
of 10:00 p.m. and 7:00 a.m.
It is unlawful for any person, owning or possessing property upon which a party
or gathering prohibited herein is in progress, to fail to abate such noise upon an
order of a police officer. When a police officer has probable cause that a
violation of this section is occurring, the officer may order all persons present,
other than the owner or person in possession of the property, to disburse and
leave the property immediately and failure of any person, other than the owner
or person in possession of the property, to refuse to leave after being so ordered
by the police officer shall be unlawful.
Subd. 2. Electronic sound system audio
equipment.
A. No person shall use or operate any electronic sound system or audio
equipment including, but not limited to, any compact disc player, cassette tape
player, AM-FM radio, citizen band radio, paging system, or any other device
designed to produce or reproduce audio sound; in such an unreasonably loud
manner that it disturbs the peace, quiet, and comfort of others or interferes
with the right of another to use peacefully his/her property or public property
without disturbance.
B. It shall be presumed that a violation of this section has occurred when any
electronic sound system or audio equipment is operated in a manner in which
it is plainly audible, at a distance of 50 feet or more, between the hours of
10:00 p.m. and 7:00 a.m. It shall be presumed that a violation of this section
has occurred when any electronic sound system or audio equipment is
operated in a manner in which it is plainly audible, at a distance of 100 feet or
more, between the hours of 7:00 a.m. and 10:00 p.m.
C. When sound violating this section is produced by an electronic sound system
or audio equipment that is located in or on a vehicle, the vehicle's owner is
guilty of the violation, provided that if the vehicle's owner is not present, the
person in charge of the vehicle at the time of the violation is guilty of the
violation.
- A certificate of insurance is required no later than ten days prior to the event with
the following coverage's: $1 million personal -per event, $1 million property -
per event and $2 million aggregate- per event.
- Rental of the bandshell authorizes only the use of the bandshell and its adjacent
seating area. Parking at the Community Center parking lot is not exclusive to the
renter of the bandshell.
- Rental fees are non-refundable, unless City staff cancels the event due to
inclement weather or unsafe environmental conditions. The renter agrees that the
city shall have no additional responsibility or liability for such a cancellation.
- All decorations to the Bandshell must have city staff approval.
- Renter agrees to start and end all activities according to the times stated on the
permit. A reasonable amount of time allowed for set-up and take down is to be
agreed upon.
- A City staff attendant will be present for set up and take down at permitted
bandshell events.
- If the renter requests additional items such as: picnic tables, satellites,
supplementary power, etc., the renter will pay the fee as listed in the current city
fee schedule.
1 ~k
~~
Eagan Bandshell at Central Park
Criteria for Permit Denial, Amended Applications and the Appeal Process
Section 1.
a. Criteria for Denial
Written notice shall be given to any applicant whose permit is denied. The notice will
include clearly set forth grounds as to why the permit has been denied. Furthermore,
when appropriate, the City will suggest measures by which the applicant can change the
application in order to comply with the City's permitting process. In the event that an
application is received for a date that the Bandshell is already reserved, the City shall
suggest to the. applicant alternate times or locations for the event.
To the extent permitted by law, the City may deny an application for permit if the
applicant, or the person on whose behalf the application is being made, has on any prior
occasions made material misrepresentations regarding the nature or scope of an event or
activity previously permitted. The City may also deny an application for a permit if the
applicant has violated the terms of prior permits issued to, or on behalf of the applicant.
The City may also deny an application for permit on any of the following grounds:
1. The application for permit (including any required attachments and submissions)
is not fully completed and executed;
2. The applicant has not submitted the required application fee with the application,
or has not submitted the required user fee, indemnification agreement, insurance
certificate, or damage deposit within the times set forth by the City;
3. The application for permit contains a material falsehood or misrepresentation;
4. The applicant is legally incompetent to contract or to sue and be sued;
5. The applicant, or the person on whose behalf the application for permit was made,
has on prior occasion damaged City property and has not paid in full for such
damage, or has other outstanding and unpaid debts to the City;
6. A fully executed prior application for permit for the same time and place has been
received, and a permit has been or will be granted to a prior applicant authorizing
uses or activities which. do not reasonably permit multiple occupancy of the
Bandshell;
7. The use or activity intended by the applicant would conflict with previously
planned programs organized and conducted by the City of Eagan and previously
scheduled for the same time and place;
8. The use or activity intended by the applicant would present unreasonable danger
to the health or safety of the applicant, and/or other users of Central Park, City
employees, or the public;
9. The applicant has not complied or cannot comply with applicable licensure
requirements, ordinances, or regulations of the City concerning the sale or
offering for sale any goods or service;
Eagan Bandshell at Central Park
Criteria for Permit Denial, Amended Applications and the Appeal Process
Page 2
10. The use or activity intended by the applicant is prohibited by law, City Code, or
City ordinances.
b. Written Denials
If no written denial or conditional approval is issued within ten (10) days of the date on
which a permit application is fully completed, executed and filed with the City, the
application shall be deemed to have been granted a conditional approval. Provided,
however, the City may extend the period of review for an additional fourteen (14) days
by issuance of a written notice of extension. If, prior to the expiration of the extended
review period, no written denial is issued, the application for permit shall be deemed to
have been granted a conditional approval.
c. Amendment or Revision of Application
Any applicant whose application for permit has been denied has the right to submit an
amendment or revision to the application for permit. Any amendment or revision shall for
purposes of determining the priority of the application, relate back to the original date the
application was submitted; but the time in which the City shall grant or deny the
application for permit, and serve notice of such granting or denial, shall be computed
from the date of the amendment or revision.
Section 2
a. Review by the City Council
1. Any applicant who is denied a permit or denied a request for a waiver of user fee,
damage deposit, or certificate of insurance, or a permittee who has had all or a
portion of its damage deposit retained because it was assessed damaged or a fine
pursuant to this policy may, within seven (7) days of the service of notice of such
determination, file a written appeal from such determination with the City
Council;
2. The City shall have thirty (30) days from the date on which the appeal was
received in which to serve upon the applicant a notice that the City Council has
affirmed, modified, or reversed the decision;
3. Such notice shall be deemed served upon the applicant or permittee when it is
personally delivered or when it is sent by United States mail, with proper postage
paid, to the name and address set forth on the application for permit;
4. If such notice is not served upon the applicant or permittee within thirty (30) days
of the date upon which the appeal was filed, than the denial or retention of the
damage deposit shall be deemed reversed.
Eagan Bandshell at Central Park
Criteria for Permit Denial, Amended Applications and the Appeal Process
Page 3
b. Form of Appeals
Any appeal filed pursuant to this policy shall state succinctly the grounds upon which it is
asserted that the determination should be modified or reversed and shall be accompanied
by copies of the application for permit, the written notice of the determination of the City,
and any other papers material to determination.
c. Waiver of Requirements
Any requirements for a user fee, damage deposit, or certificate of insurance shall be
waived by the City if the activity is protected by the First Amendment of the United
States Constitution and the requirement would be so financially burdensome that it would
preclude the applicant from using the bandshell for the proposed activity. Fees for
equipment and services shall not be waived pursuant to this subsection. Application for a
waiver of a user fee, damage deposit, or certificate of insurance shall be made on a form
prescribed by the City and must include an affidavit by the applicant and sufficient
financial information about the applicant to enable the City to determine whether the
requirement(s) would be so financially burdensome that it would preclude the applicant
from using the bandshell property for the proposed activity. If it appears that the
applicant does not have sufficient funds to satisfy the user fee requirement prior to the
proposed event, but the applicant intends to raise sufficient funds at the event, the City
shall require the applicant to pay such user fee out of the proceeds of the proposed event.
If no written denial is issued within twenty-one (21) days of the date on which the
application for such waiver is fully completed, executed and filed with the City, the
waiver request shall be deemed approved, contingent upon the applicant complying with
all other permit requirements. Denials of requests for such waivers shall be subject to the
appeal procedures contained in Section 2a.