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04/01/2003 - City Council Regular~~~; ~. ~~.,.. AGENDA EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING APRIL 1, 2003 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA 01 A. APPROVE MINUTES ~ 0 B. PERSONNEL ITEMS ///""" ~,'Z C. CHECK REGISTERS ~3 D. APPROVE Parade Permit and Shows License for 4`~' of July Committee ~~ E. APPROVE 2003 Commercial Fertilizer Licenses Ip ~SF. APPROVE 2003 Tree Contractor License Renewal / /6 G. APPROVE 2003 Motorized Golf Cart Application ~/ 7 H. APPROVE 2003 New Tobacco License P / $' I. APPROVE Mutual Aid Police Assistance Agreement ~/g J. SET Public Hearing for May 6, 2003 to certify delinquent utility bills ~~0 K. SET Public Hearing for May 6, 2003 to certify delinquent false alarm bills o~t7 L. SET Public Hearing for May 6, 2003 to certify delinquent weed cutting bills ,pa~ M. APPROVE Off-Sale Liquor Licensee name change from MGM Spirits Express Inc. to MGM (/ Wine & Spirits Inc. ~oZ N. APPROVE Moonshine Park Shoreline Habitat Program Grant Application and Designation of Moonshine Park Water Resources Demonstration Project pa O. APPROVE Final Subdivision, Vogelpohl Addition -Patricia Vogelpohl (To Be Continued) P~o P. APPROVE Final Subdivision, Natures Edge 2°d Addition -Manley Land Development pa / Q. AUTHORIZE submittal of a grant application for the Assistance to Firefighters Grant (AFG) I through the Federal Emergency Management Agency (FEMA) . ~j,30 R. APPROVE Plans and Specifications and Ad for Bids for City Contract 03-04 (TH 55 North / Frontage Road/Gifr of Mary -Street & Utility Improvements) ~j 3 ~ S. APPROVE No-Parking Resolution for Duckwood Drive, Project 851 (Pilot Knob Road to r Denmark Avenue) b,~ T. RECEIVE No-Parking Resolution for Denmark Avenue, Project 851 (Duckwood Drive to / Tamarac Pointe) ~,3j U. RECEIVE Petition and Schedule Public Hearing for Easement Vacation for Heine First Addition e3Y V. APPROVE Easement Agreement with the State of Minnesota for Drainage and Utility 'C Easement (Driver's Training Facility - 2070 Cliff Road) ~,y W. RECEIVE Petition and Schedule Public Hearing for Easement Vacation for Lexington Pointe 14~' Addition. (To Be Continued) ~36 X. APPROVE Agreement with Dakota County for Street Improvements at Cliff Road (CSAH 32) and Dodd Road, Project 751R (Dodd Road -Street & Utility Improvements) P,3 7 Y. APPROVE Convention and Visitor's Bureau Lease for Community Center Space, Suite E jg Z. APPROVE Purchase of Traffic Signal Controller and Cabinet for Contract 03-01 (Town Centre Area Street & Access Management Improvements) Y~ AA. APPROVE Acceptance of Purchase Offers for City Owned Homes a BB. APPROVE Transfer of $2000 from General Fund to Civic Arena Fund -City Contribution to P ~ the Get Jobs Job Fair ~3 CC. APPROVE Water Meter Reading Contract with SL-Serco DD. APPROVE Final Payment and Authorize City Maintenance for Contract 01-14 (July 2000 Storm Mitigation Improvements) ~jt~ ~ EE. PROCLAIM Thursday, Apri13, 2003 as Burnsville/Eagan Community Television Volunteer Appreciation Day. y~ ~Q FF. PROCLAIM Thursday, May 1, 2003 as Space Day in the City of Eagan ~a GG. APPROVE 2003 Public Safety Dispatch Agreement ~3 HH. APPROVE 2003 Park and Recreation CIP II. PROCLAIM Thursday, May 1, 2003 as National Day of Prayer Pei JJ. Approve No-Parking Resolution for Town Centre Drive, Project 851(Duckwood P Drive to Denmark Avenue) ~~ KK. APPROVE Cash Water Quality Dedication Fee for 2003 ~6S LL. APPROVE Telecommunications Lease Agreement Amendments, Verizon Inc. V. 6:30 -PUBLIC HEARINGS VI. OLD BUSINESS n 66 A. INTERIM USE PERMIT -Road Equipment Parts Center. An Interim Use Permit to allow ~" outdoor storage on part of Lot 1, Block 1, lying in Section 11 and 12 Borchert Ingersoll, Inc. 1S` Addition -lying west of 3275 Dodd Road in the SE % of Section 11. (continued from the 2/18/03 meeting) B. CONTRACT 03-09 -Approve Plans and Specifications and Authorize Ad for Bids, Coachman Water Treatment Plant (Expansion and Modification) (To Be Continued) VII. NEW BUSINESS ~~ A. INTERIM USE PERMIT -BEAUTIFUL SAVIOR LUTHERAN CHURCH. An Interim Use Permit to allow the temporary outdoor storage of RV's on Lot 1, Block 1, Beautiful Savior Lutheran Church, located at 4150 Pilot Knob Road in the SW '/4 of Section 22. }~'0 ? B. PLANNED DEVELOPMENT AMENDMENT -CORNERSTONE SELF STORAGE. A r Planned Development Amendment to allow outdoor storage of rental vehicles on Lot 1, Block 1, Town Centre 70 Twenty Second Addition, located at 3495 Denmark Avenue in the NW '/4 of Section 15. ~To Be Continued) ~~~ C. PLANNED DEVELOPMENT AMENDMENT -HOLLYWOOD VIDEO. A Planned Development Amendment to amend the signage area on Lot 2, Block 1, Radler Park, located at 2020 Cliff Road in the NE '/< of Section 31. ~~o~,D. WINTER TRAIL MAINTENANCE PLAN/POLICY REVIEW ~~,.aE. ORDINANCE AMENDMENT to Eagan City Code Chapter 5 regarding on-sale wine and beer licenses VIII. COMMUNITY CENTER UPDATE p ~s~ A. 2003-2004 Community Center Operating Plan IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE X. ADMINISTRATIVE AGENDA A. Comments by City Council, City Administrator, and Department Heads B. Canoni Art Park XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT XIII. 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. .s~~,=r~ ' ~ city of eagan MEMO MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 28, 2003 SUBJECT: AGENDA INFORMATION FOR APRIL 1, 2003 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the April 1, 2003 City Council agenda, the following items are in order for consideration. Agenda Information Memo April 1, 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 18, 2003 regular City Council meeting, the March 18, 2003 Listening Session and the March 5, 2003 City Council retreat as presented or modified. ATTACHMENTS: Minutes of the March 18, 2003 regular City Council meeting are enclosed on pages through ~. Minutes of the March 18, 2003 Listening Session are enclosed on page Minutes of the March 5, 2003 City Council retreat are enclosed on page ~. T MINUTES OF A REGULAR MEETING OF THE D /1 D R e ~ EAGAN CITY COUNCIL /t'~ [~ r ` Eagan, Minnesota T March 18, 2003 A regular meeting of the Eagan City Council was held on Tuesday, March 18, 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 Mike Dougherty and Administrative Secretary/Deputy Clerk Mira McGarvey. AGENDA Councilmember Carlson asked that the following two items be added under the Administrative Agenda. 1. Consider renaming of the bandshell located at Central Park 2. Request to Dakota County to continue public hearing regarding Shelter Corp. Councihnember Tilley moved, Councihnember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 CONSENT AGENDA Councilmember Carlson asked that item L be pulled for discussion. A. Minutes . It was recommended to approve the minutes of the March 4, 2003 regular City Council meeting, the March 4, 2003 Listening Session as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Ashley Ctunstedt, Steven Lay, Elyse Kyro and Chris Weggemann as Cascade Bay seasonal staff for 2003. 2. It was recommended to approve, as part of the Personnel Policy, the Donated Vacation Leave Policy. 3. It was recommended to approve, as part of the Personnel Policy, the Use of the Internet, Intranet, and Electronic mail system Policy. 4. It was recommended to approve the hiring of Mary Jenson as a Temporary Clerical Technician in the Utilities Maintenance Division. 5. It was recommended to approve the hiring of a person to be named as a Part-Time Clerical Technician III in the Police Department. 6. It was recommended to approve the dismissal of Probationary Building Maintenance Worker Joe DeGrand. C. Check Re isg tern. It was recommended to ratify the check registers dated March 6, 2003 and March 13, 2003 as presented. D. 2003 New Kennel Licenses. It was recommended to approve 2003 New kennel Licenses for Peanut's Place and Petsmart, Inc. E. Collection A¢encv Agreement. It was recommended to approve the Collection Agency Agreement between Springer, Inc. and the City for collection of outstanding repeat nuisance call fines and other delinquent receivables. F. Ordinance Amendment. It was recommended to authorize the City Attorney's office to prepare an ordinance amendment to Chapter 5 regarding on-sale and beer licenses. G. Chanlte Order. It was recommended to approve Change Order #11 for the Eagan Community Center in the amount of $34,609. H. Contract 03-07. It was recommended 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. I. Ouit Claim Deed. It was recommended to approve a Quit Claim Deed for Eagan Heights 3'd Addition to Jadean Development, Inc., and Vista Development, Inc., and authorize the Mayor and City Clerk to execute alI related documents. J. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on April 15, 2003. K. Final Plat. It was recommended to approve a Final Plat (Central Irrigation Addition) to create one lot located at 2785 Pilot Knob Road. L. Reconveyance of Tax Forfeited Parcel. Pulled for Discussion. 3 Eagan City Council Meeting Minutes March 18, 2003 Page 2 CRAFT M. Purchase Offers. It was recommended to 1) accept the high offer of $184, 100 (Buyer assuming assessments) and authorize the execution of the purchase agreement and to authorize acceptance of the second high offer of $185,000 (City paying assessments), if the first sale cannot be executed for 2230 Clark Street; 2) to accept the high offer of $183,195 and authorize the execution of the purchase agreement and to authorize acceptance of the second high offer of $179,000 if the first sale cannot be executed for 2238 Clark Street; and 3) to reject the offers for 2246 Clark Street and 4185 Strawberry Lane and direct that those two houses remain on the market for consideration on April 1, 2003. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the balance of the Consent Agenda. Aye: 5 Nay: 0 L. Reconveyance of Tax Forfeited Parcel. Reconveyance of tax forfeit parcel 10-22451-042-01 (Eagan Metro Center 2°d Addition Pt. of Lot 4, Block 1) to the State of Minnesota. City Administrator Hedges discussed the background of the property that is being considered for reconveyance to the State. Councihnember Carlson moved, Councihnember Tilley seconded a motion to approve reconveyance of tax forfeit parcel 10-22451-042-01 (Eagan Metro Center 2°d Addition pt. Of Lot 4, Block l) to the State of Minnesota. Aye: 5 Nay: 0 PUBLIC HEARINGS SCENIC AND NATURAL AREA GRANT APPLICATION City Administrator Hedges introduced this item regarding the submission of an application for the DNR's Natural and Scenic Area grant which requires that a public hearing be held. Parks and Recreation Director Vraa discussed the following points: • Project scope and the type of activities involved • Implementation schedule • Overall cost and the proposed financing for the project • Costs to be assessed to community residents • Other associated project costs such as maintenance expenses, etc. Councihnember Carlson moved, Councihnember Fields seconded a motion to open the public hearing and authorize the Mayor to sign the Local Government Resolution. Aye: 5 Nay: 0 Four residents spoke regarding the wildlife and overall beauty and quality of Patrick Eagan Park. Mayor Geagan closed the public hearing. LANGHOVEN (LOTS 1-5 & 10) EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation of public easements within the Langhoven plat. Public Works Director Colbert gave a staffreport. Councilmember Carlson moved, Councilmember Tilley seconded a motion to open the public hearing. Aye: 5 Nay: 0 Doris Dateline questioned a slope easement on the property. Public Works Director Colbert provided an explanation. Eagan City Council Meeting Minutes oR March 18, 2003 ~ Fl Page 3 Councilmember Cazlson moved, Councihnember Tilley seconded a motion to close the public hearing and approve the vacation of public easements within the Langhoven plat and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 OLD BUSINESS CONTRACT 03-02, LEXINGTON PLACE / DREXEL HEIGHTS ADDITIONS STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Lexington Place and Drexel Heights Additions explaining that 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 that was presented to the City Council at the public hearing. Public Works Director Colbert gave a brief report and stated the affected property owners were notified of the increase in the assessable costs and to date no comments from the residents have been received. One resident in the audience questioned if the contractor was locked into the prices that resulted in the increase. Director Colbert replied affirmatively, but that the fmal assessments are still estimated until actual quantities have been measured upon completion of the project. Councilmember Tilley moved, Councilmember Fields seconded a motion to 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 all related documents. Aye: 5 Nay: 0 CONTRACT 02-17, CENTRAL PARKWAY STREETSCAPING City Administrator Hedges introduced this item regarding Change Order #1, Contract 02-17 (Central Parkway Streetscaping along Central Parkway between Yankee Doodle and Pilot Knob Roads). Public Works Director Colbert gave a staff report, explainurg that due to difficulties in obtaining the necessary easements from Lockheed Martin, the change order as presented proposes to delete the improvements proposed on Lockheed Martin's property for a deduct of $99,185.40. Councilmembers discussed options to acquire the easement and agreed to approve the change order that would delete the two gateway monuments that would be located within easements on Lockheed Martin property. Councilmember Carlson , Councihnember Maguire seconded a motion to approve Change Order #1, Contract 02-17 (Central Parkway Streetscaping), and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 CONTRACT 03-11, KENNERICK ADDITION (POND HDP-1) STORM SEWER IMPROVEMENTS City Administrator Hedges introduced this item regarding storm sewer improvements to Pond HDP-1, Kennerick Addition. Public Works Director Colbert gave a staffreport. Discussion was held regarding alternatives that will be included in the bid specifications for Council to evaluate the cost effectiveness at the April 15 Council meeting when the bids will be presented for consideration of contract award. Councilmember Carlson moved, Councilmember Tilley seconded a motion to 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. Aye: 5 Nay: 0 s Eagan City Council Meeting Minutes March 18, 2003 OR Page 4 Fr CONTRACT 03-01, TOWN CENTRE AREA STREET & ACCESS MANAGEMENT IMPROVEMENTS City Administrator Hedges introduced this item regarding street and access management improvements for the Town Centre area. Public Works Director Colbert gave a staffreport identifying various changes in the scope of the project that was originally approved at the public hearing. These involved primarily the driveway entrances to Wahnart, Kohls and Rainbow. Councihnember Fields moved, Councihnember Tilley seconded a motion to 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. Aye: S Nay: 0 NEW BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT (Special Area 4, Central Area) City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment for the Central Area (Special Area 4) which is divided into four quadrants and are separated by Yankee Doodle Road and Interstate 35E. Senior Planner Ridley gave a staffreport. Councihnember Fields moved, Councihnember Maguire seconded a motion to direct staff to submit a Comprehensive Guide Plan Amendment to the Met Council for Special Area 4. Aye: 5 Nay: 0 2003-2004 CITY COUNCIL GOALS RATIFICATION OF THE CITY COUNCIL'S 2003-2004 GOALS City Administrator Hedges discussed the City Council goals for 2003-2004 which were set at the Council's annual goals retreat on February 11 and 12, 2003. Councilmember Fields moved, Councihnember Tilley seconded a motion to ratify the City Council's 2003- 2004 Goals. Aye: S Nay: 0 COMMUNITY CENTER UPDATE City Administrator Hedges discussed recommendations of the Operations Committee regarding the Community Center fees, booking recommendations and scheduling priorities. He also discussed the usage policy for the Eagan Bandshell. Councihnember Carlson moved, Councihnember Tilley seconded a motion to approve the Operations Committee's recommendation regarding the Community Center fees, booking recommendations, and scheduling priorities. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the usage policy for the Eagan Bandshell at Central Park. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA Discussion was held regarding the renaming of the bandshell at Central Park. Councilmember Carlson moved, Councihnember Tilley seconded a motion to name the bandshell "Eagan Rotary Bandshell at Central Park". Aye: 5 Nay: 0 The Park and Recreation staff and the Advisory Parks and Recreation Commission were directed to draft a policy regarding partnering with organizations in the community. 6 Eagan City Council Meeting Minutes On March 18, 2003 /~'~ Page 5 T Discussion was held regarding a public hearing to be held by Dakota County regarding Tax Increment Financing for Shelter Corporation. Councihnember Carlson moved, Councilmember Tilley seconded a motion to direct staff to submit a formal request to Dakota County to continue the public hearing for one month to Apri122, 2003, regarding Tax Increment Financing for Shelter Corporation. Aye: 5 Nay: 0 ECONOMIC DEVELOPMENT AUTHORITY Mayor Geagan called a recess 9:50 p.m and immediately convened a meeting of the Economic Development Authority. After adjournment of the EDA, the Mayor reconvened the Council meeting at 9:55 p.m and introduced "Visitors to Be Heard". VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councihnember Fields moved, Councihnember Carlson seconded a motion to adjourn the meeting at 9:55 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. MINUTES OF A LISTENING SESSION OR PF q ~ Q~ OF THE EAGAN CITY COUNCIL T MARCH 18, 2003 6:00 P.M. The Eagan City Council held a Listening Session on March 18, 2003 at 6:00 p.m. In attendance were Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. Kathy and Michael Mitchel were present to discuss the Kennerick Addition and Pond HDP-1 storm sewer improvements. This item was to be discussed under Old Business at the regular City Council meeting to begin at 6:30. The Listening Session adjourned at 6:30 p.m. Respectfully submitted, Mira McGarvey Administrative Secretary /Deputy City Clerk 8 `~ ~ P ~~~4 O MINUTES OF A SPECIAL CITY COUNCIL RETREAT MARCH 5, 2003 4 P.M. MOONSHINE PARK RETREAT CENTER A Special City Council retreat was held on Tuesday, March 5, 2003 at 4:00 p.m. at Moonshine Park Retreat Center. Those present at the meeting were: Mayor Geagan, Councilmembers Carlson, Fields, Tilley, and Maguire, as well as City Administrator Hedges and Assistant to the City Administrator Lord. (Councilmember Tilley arrived at 8 p.m.) ROLL CALL AND AGENDA ADOPTION Motion carried to approve the agenda as presented. CONTINUE REVIEW OF 2003-2004 GOALS The City Council discussed their proposed goals for 2003-2004. The Council recommended the goals for ratification at the March 18 City Council meeting. OTHER BUSINESS The City Council discussed the replacement of the Assistant City Administrator position, the City's plans to address the budget shortfalls in response to State aid reductions, as well as remaining issues from their February 11 and 12 Goals retreat. ADJOURNMENT The meeting adjourned at 10 P.M. Date City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tapes, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, 651-675-5001, (TDD phone: 651-675-8535). T'he 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. 9 Agenda Information Memo April 1, 2003 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Full-time Custodian/Maintenance Worker/Community Center-- ACTION TO BE CONSIDERED: To approve the hiring of Brian Kruckow as a full-time custodian/maintenance worker at the Community Center. Item 2. Part-time Custodian/Maintenance Worker/Community Center- ACTION TO BE CONSIDERED: To approve the hiring of Charles Russell and David Colgan as part-time custodian/maintenance workers at the Community Center. Item 3 Part-time Managers on Duty/Community Center- ACTION TO BE CONSIDERED: To approve the hiring of Heidi Sedlacek, Lynette Bauer, Ellen Wiggins-Odean, Aaron Tinklenberg and Jessica Kropelnicki as part-time managers on duty at the Community Center. Item 4. Part-time Guest Services Representatives/Community Center ACTION TO BE CONSIDERED: To approve the hiring of Treva Townsend, Ellen Wiggins-Odean, John Sealey, Michele Brinkhaus and Michele Filipczak as part-time guest services representatives at the Community Center. Item 5. 2003 Cascade Bay Seasonal Staff- ACTION TO BE CONSIDERED: To approve the hiring of Kristin Fleming, Sara Swanson, Brandon Halverson, Becky Gordon, Laura Harvey, Stephanie Dauphin, Corey Burns, Cody Knutson, Alyssa Myhre, Elisa Swenson, Mike Mason, Matt Spurr and Angela Knoll as Cascade Bay seasonal staff for 2003. /0 Agenda Information Memo April 1, 2003 Eagan City Council Meeting Item 6. 2003 Park Maintenance Seasonal Staff-- ACTION TO BE CONSIDERED: To approve the hiring of Dave Jungers, Robert Rausch, Ryan Rausch, Delbert Keene, Roy Prudencio, Ryan Neumann, Grant Gilbertson, Kathryn Love, Richard Lemay, Dan Myers, Luke Selby, Tammy Sullivan, Tom Irvin, Kevin Weber, Frank Kocer, Anthony Davis, AI Wachter, Andrew Koppang, Jeffrey Brooker, Bryon Seppamaki, Benjamin Koenke, Brian Banaszewski, Gordon Dentinger, Lynn Streefland, Dave Streefland, Leroy Rother, Jake Loesch, Kellie Grimm, Alexis Drews, Jon Steining, Dave Guenther, Anthony Casalenda, Dan Kriha, Brian Hopkings, Christopher Hoffman, Richard Sullivan, Jason Wheeler, Peter McIlhon, Cody Kleinboehl, Glen Smith, Adam Keeler and Jacob Nicklay as Park Maintenance seasonal staff for 2003. Item 7. Seasonal Tree Inspector-- ACTION TO BE CONSIDERED: To approve the hiring of Mike Sombrio as a seasonal tree inspector in the Forestry Division. Item 8. Seasonal Forestry Technician-- ACTION TO BE CONSIDERED: To approve the hiring of Gene Bacon as a seasonal forestry technician in the Forestry Division. Item 9. Seasonal Landscape Laborers-- ACTION TO BE CONSIDERED: To approve the hiring of Jim Rusch, Chris Wernick, Ryan Teskey and Aaron Guetzlaff as seasonal landscape laborers in the Forestry Division. // Agenda Information Memo April 1, 2003 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated March 20, 2003 and March 27, 2003 as presented. ATTACHMENTS: Check registers dated March 20, 2003 and March 27, 2003 are enclosed without page number. /a Agenda Memo April 1, 2003 CONSENT AGENDA: D. Parade Permit And Shows License For 4th Of July Committee ACTION FOR CONSIDERATION: Approve a Parade Permit for a parade to be held July 4th and a Shows License for a carnival to be held at the community park July 1 - 6, 2003 for the 4th of July Committee. FACTS: • Staff has reviewed the applications and deem them in order for approval ATTACHMENTS: • The applications are attached without page number /3 Agenda Information Memo April 1, 2003, Eagan City Council Meeting CONSENT AGENDA: E. 2003 Commercial Fertilizer Licenses ACTION TO BE CONSIDERED: Approve 2003 new Commercial Fertilizer License for Davey Tree, 1500 N. Mantua St., Kent, OH; and approve 2003 Commercial Fertilizer License renewal for AAA Lawn Service, 15208 Cy. Rd. 5, Burnsville, MN. FACTS: • The applications have been reviewed by staff and deemed in order for approval. /~f Agenda Information Memo April 1, 2003, Eagan City Council Meeting CONSENT AGENDA: F. 2003 Tree Contractor License renewals ACTION TO BE CONSIDERED: Approve 2003 Tree Contractor License renewals for Ciardelli Tree & Landscaping, 12441 Coffee Trail, Rosemount, MN, and Davey Tree, 2500 Fernbrook Lane, Kent, Ohio. FACTS: • The applications have been reviewed by staff and deemed in order for approval. ~S Agenda Information Memo April 1, 2003, Eagan City Council Meeting CONSENT AGENDA: G. 2003 Motorized Golf Cart Application ACTION TO BE CONSIDERED: Approve 2003 Motorized Golf Cart application for Ichael Krolick, 1059 Hummingbird Lane. FACTS: • The application has been reviewed by staff and deemed in order for approval. /6 Agenda Information Memo April 1, 2003, Eagan City Council Meeting CONSENT AGENDA: H. 2003 New Tobacco License Applications ACTION TO BE CONSIDERED: Approve 2003 New Tobacco Licenses for Bonfire Restaurant, 1555 Cliff Road and K-Liquor, 1274 Lone Oak Road. FACTS: • The applications have been reviewed by staff and deemed in order for approval. ATTACHMENTS: • The applications are attached without page number /~ Agenda Information Memo April 1, 2003, Eagan City Council Meeting CONSENT AGENDA: I. Mutual Aid Police Assistance Agreement ACTION TO BE CONSIDERED: Approve an updated Police Mutual Aid Agreement between neighboring law enforcement agencies. FACTS: The City of Eagan was previously part of a Police Mutual Aid Agreement with neighboring cities. The last mutual aid agreement was approved by the Eagan City Council in January, 1992. The Mutual Aid Agreement outlines expectations and responsibilities for police agencies requesting equipment and personnel during incidents demanding an overwhelming amount of resources. Conversely, it also outlines expectations and responsibilities to agencies that send equipment and personnel to other cities. • The Police Mutual Aid Agreement was examined by the Eagan City Attorney. ATTACHMENTS • Police Mutual Aid Agreement is attached without page number 8~ Agenda Information Memo April 1, 2003 Eagan City Council Meeting J. Certification of Delinquent Utilities ACTION TO BE CONSIDERED: To approve or deny a Public Hearing for Delinquent Utility Bills. FACTS: There are several delinquent utility bills that need to be certified to Dakota County for collection with the property taxes. /9 Agenda Information Memo April 1, 2003 Eagan City Council Meeting K. SET PUBLIC HEARING DATE FOR MAY 6, 2003 TO CERTIFY DELINOUENT FALSE ALARM BILLS ACTION TO BE CONSIDERED: To set a public hearing for May 6, 2003 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. FACTS: • On asemi-annual basis, the City reviews and considers delinquent false alarm balances for certification to property tax statements for collection. • The City currently has 20 delinquent accounts in the amount of $3,547.50. Additional information will be provided at the time of the public hearing. L. SET PUBLIC HEARING DATE FOR MAY 6, 2003 TO CERTIFY DELINQUENT WEED CUTTING BILLS ACTION TO BE CONSIDERED: To set a public hearing for May 6, 2003 to consider the final assessment of the delinquent weed cutting bills and certify them to Dakota County for collection with property taxes. FACTS: On asemi-annual basis, the City reviews and considers delinquent weed cutting balances for certification to property tax statements for collection. The City currently has 4 delinquent accounts in the amount of $470.32. Additional information will be provided at the time of the public hearing. ao Agenda Information Memo April 1, 2003 M. APPROVE OFF-SALE LIQUOR LICENSEE NAME CHANGE FROM MGM SPIRITS EXPRESS, INC. TO MGM WINE & SPIRITS. INC. ACTION TO BE CONSIDERED: To approve anoff--sale liquor licensee name change from MGM Spirits Express, Inc. to MGM Wine & Spirits, Inc. FACTS: On December 31, 2002, MGM Spirits Express, Inc. merged with MGM Wine & Spirits, Inc. MGM Wine & Spirits, Inc. was the surviving corporation. There were no changes in ownership of either corporation. MGM Spirits Express, Inc., dba MGM Liquor Warehouse (4182 Pilot Knob Road), has requested a change in the licensee name to MGM Wine & Spirits, Inc. Staff has reviewed the documents that were submitted and deem them in order for approval. a~ Agenda Information Memo April 1, 2003 Eagan City Council Meeting N. ~!. APPROVE MOONSHINE PARK SHORELINE HABITAT PROGRAM GRANT APPLICATION AND DESIGNATION OF MOONSHINE PARK WATER RESOURCES DEMONSTRATION PROJECT ACTION TO BE CONSIDERED: Endorse application to Minnesota Department of Natural Resources and support plan for shoreland habitat improvement project at Moonshine Park. And concurrently designate the Moonshine Park Shoreland Habitat Project as Eagan's second Water Resources Demonstration Project. OR Not Endorse application to Minnesota Department of Natural Resources and support plan for shoreland habitat improvement project at Moonshine Park. And concurrently designate the Moonshine Park Shoreland Habitat Project as Eagan's second Water Resources Demonstration Project. FACTS: • City Park System Plan for Moonshine Park at LeMay Lake indicates the site to be a "good candidate for an outdoor recreation development grant." Among the perspectives was the transformation of the shoreland area as a demonstration site for landscaping for wildlife. • In September 2002, the Minnesota Department of Natural Resources (MDNR) solicited preliminary proposals for its 2002-2003 Shoreland Habitat Grant Program. • Upon MDNR request, a supplemental application for $17,000 was submitted for consideration in December 2002. Basically, the plan is to naturalize much of the shoreland area with plantings in aquatic, near-shore, and upland zones. • Typically, such grant applications are authorized by the City Council in advance of their submissions. However, due to the nature of the MDNR's process, such an endorsement has not been sought until this time, when the nature and scope of the plan has become appropriately focused and when the success of the application appears likely. • MDNR program policies require the City and its partners to match the grant on (at least) a 1:3 basis. The operating budget of the Water Resources Division, in partnership with in-kind support from the Dakota County Environmental Education Program and the University of Minnesota Extension, will easily meet these requirements. a~ On March 17, 2003, the Advisory Parks Commission unanimously adopted a motion to recommend endorsement of the application to the MDNR and support of a plan for a shoreland habitat grant for Moonshine Park. Concurrently, they unanimously adopted a motion to recommend official designation of the Moonshine Park shoreland Habitat Project as Eagan's second Water Resources Demonstration Project. The concept of "water resources demonstration project" is meant to provide working examples to City residents and visitors of best management practices that support the environment, water quality, and natural landscaping near surface water resources. The proposed Moonshine Park project relates to natural "lakescaping," near-shore zone fisheries and wildlife habitat, and public access in a retreat setting. ATTACHMENTS: None a3 Agenda Information Memo April 1, 2003, Eagan City Council Meeting O. FINAL SUBDIVISION (VOGELPOHL ADDITION) - PATRICIA VOGELPOHL ACTIONS TO BE CONSIDERED: To approve a Final Subdivision (Vogelpohl Addition) to create two lots on approximately 5.3 acres consisting of Lots 3, 4, and 5, Silver Bell Addition, located at 2099 Silver Bell Road in the SE '/< of Section 18. FACTS: • The Advisory Planning Commission held a public hearing on September 24, 2002, and recommended approval, subject to the conditions in the APC minutes. • The City Council held a public hearing on October 15, 2002, and recommended approval of the preliminary subdivision subject to the conditions in the City Council minutes. • The property is zoned R-4, Residential Multiple • The proposed plat reconfigures existing lot lines to create two lots. • Currently there are three lots, one with an apartment building and parking lot the other two are vacant. • There is no development proposed for the new lot at this time • Newly created Lot 1, has an existing apartment building and parking lot • Newly created Lot 2 is two parcels combined into one and is vacant. • Lot 1 will consist of 2.7 acres and Lot 2 will consist of 2.6 acres • All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS 2): Location Map page Final Plat page, a~ Location Map ~ 7 ~~ ~ `' ~ `, w;: r v ~;~`.~_ Development/Developer: Vogelpohl Addition Application: Preliminary Subdivisi Case No.: 18-PS-15-OS-02 ~ 5~ te•o w.p.r.d wuq Fast p,etn•v, a.t. PareN aw ~n.p a.ta twovid•d lv y akor t,euny and swv.r 0•p•run•nt and w current a• a Mann 2003. TMIi MAP Ii INTENDED FOR REFERENCE UfE ONLY w E City of Eagan M 1 N N E $ 0 T A TM Clty o} Eagan and Dakota County do not ownntee the aeeuney of tAls IrAermatlon and an S ~,~,~, e.v~a~t a.Mrewen• net nepensible ter error er ea•leelens. Eagan boundary /~/ sa«e CenteAlne ~] PareN Area Sulldlnq FootprlM 1000 0 1000 2000 Feet _ , ss ~ r'~ ~ € != b $}:: i t 7 Q _ ~ =s b _ F~. I i ` - - <3 E > 5~•~ ~ e _ ~::f - •i a~s: I ~ 8 cl~ S f ~ F I ^I yy g i Z ~ c - - r ` g ~ O s = _ f ~ ~ - os ~'a $ ~ I 4s'~ s eI ' I - ~ Z~'S€o t ~ €si~ I 8 ~ t i 3 °_ j~E ~ fiS'i t a ~ ~ e _ a= eF~ Y ~ °I v a83 - } u e - ~ a ~~ of E< ~ i F $,3e =~ I i r ~ 4p=e ~ is ~ ~ s'S €~ .. s i P~! ~ s ~ ~ o~ of ~:it i1 ~ i:i. -3 ~ t ~ I ~ ~ ~ ~ ~ ` ~ i~ :~ €de - , 'i aiF ~~ ~i S{ a f o i : C : o ~ I n' ~~ ~~ ye~ iY ~ n oo` -i :u si• ~j o> gJ ~~ e y ~ ' T c u • ~ u [ ~ i3 • •' > • Y i Y ~ ~ Y• S i w ~ V .~ - O t \ - -- , ` ~ \ / O \ \ v~ J fl QQ .,, _ ~,, \ : ~ - ~ ~ % ~. - 4, a :-. i ~; : , it ~ ~`` ~'' .~c. \ ~ o S~~ :'• \ ~ / i \ \ %%%i raj r ~yn,4 \•'~`C ~ ~ ~ \ i / \ '~. I t ' ~~ / .~rJ. ~ \ ~ii I fe_SSr[ ~ •a / ~ d 'i ~\ ~ / i ~.x ~ • / ,~ '~# i 6"ti ~ \~ ~ i 'i_ ~~ L i 4 e ~~i ~ 06[ ~ if Agenda Information Memo April 1, 2003 Eagan City Council P. FINAL SUBDIVISION (NATURES EDGE 2ND ADDITION) - MANLEY LAND DEVELOPMENT, INC. ACTION TO BE CONSIDERED: To approve a Final Subdivision (Natures Edge 2"d Addition) to create three lots on approximately 1.48 acres located west of Dodd Road and south of Cliff Road in the NW '/4 of Section 36. FACTS: • The Preliminary Subdivision was approved on September 17, 2002. • All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Plat, pagee28 a~ ~~ C~ ._ a~ ~~ ~ +~~ r~ ~~ ~:'~~~ ~= ~~ ~o~~~~ _~'~ is ~l~~ ~ i ~I ~~ e'~~~ ~~ ~~~~; ~> _~~~~ ~ ~~~ ~ ~ c Z ~~~ ~ ~~ ~ ;~ ~ ~ !t E € ~ ;~ ~iF t . I gr ~ ~~ ,~ g ~ ~~ ~~ ~ ~ :; >< t t~ ~ ~~ { ~ ~~ ~ ~ ~ ~} ~ rf ~ ~ gg; A ~ ~R ~ ~~ ~~ ~~~~~~~~~ ~~ ~ ~ ~~ ~ s ~! r :; ~ $ a ~~.. ~ ~ ~ ~ 9~ 8~~~=~~'~ ~ ~ ~ : : ~ sl ~ t~ i~~~i~;~~ ~ ~ ~ f'~ _ ~ ~= ~ ~ ~~a~~$st ~ Y ~. ~_ s ~- s g ~, ~ I~ i= I ~ ~ =~; ~ a~~ ~ ~ ~' ~ ~ ~ y ' ~ a~~ 7~ U 9 ~~ g ~ , ~ ^., 3 I `~,~ ~ ~ x~ ~ c i ~:= g ~ ~„~s `- ~..^~ F- l ~,.~D R _ ~ f ~A i ~ -_ r a~[wi ~a~e >~ ~~~~~~~ ~" o ~ e ~ d ~i3q : i ~~ ' M C ~ ~ ~ ~ qQ ~~ ~~~ ~ '- ds ' ~ ~ ~ ~ ~~ ~ i s ;; V ~ NOTE ~-~ PRELIMINARY Subject to revision without notice. sea~r^. ~~:,. `~1 ~~~ i ~~ ~~~ ~` I ~_° ~- -ti;~; vi ~~ ` ~~ ~y i I~ "s i i j Z `' > ~ ~ D > I I C ,~ ~ 4 I ~'- I I f~l T_ ~ ~ nl Fg $j$j$j~ ~p~ N Y I F ~-`~ ~ '' --'-~lir ~_ '~ Z I v ' ~! ~ I ~& ~L e £~~ II --- I I --~--- -- --1 t~ r ~ I I I ,~, ~. •ry4 I ,~1 m I W Agenda Information Memo April 1, 2003 CONSENT AGENDA Q. AUTHORIZE submittal of a grant application for the Assistance to Firefighters Grant (AFG) through the Federal Emergency Management Agency (FEMA). ACTION TO BE CONSIDERED: To authorize the submittal of a grant application for the Assistance to Firefighters Grant (AFG) through the Federal Emergency Management Agency (FEMA). FACTS: • The AFG program is an effort to help the nation's fire service community by providing vital funds to local fire departments across the country. • Included in the grant application is a request for seventy (70) Self Contained Breathing Apparatus (SCBA). • Also included in the grant application is a request to allocate funding towards the Fire Department's fitness program. • The City Administrator spoke to the Fire Chief about the possibility of the Fire Department using the fitness equipment at the new Community Center in order to ensure that there is no duplication of efforts. • The Chief was amenable to the potential use the Community Center Fitness Center, and any grant monies that would be received towards the Fire Department's fitness program would be reviewed for possible partnership opportunities with the Community Center. ~9 Agenda Information Memo April 1, 2003 Eagan City Council Meeting R. CONTRACT 03-04, TH 55/ GIFT OF MARY FRONTAGE ROAD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 03-04 (TH 55/ Gift of Mary -Street & Utility Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, May 1, 2003 FACTS: • Contract 03-04 provides for the Highway 55 frontage road improvements and public utility extensions from the Louis Lane intersection with Hwy 55 to the entrance to the proposed Gift of Mary development, as outlined and discussed in the feasibility report for City Project 874. • On December 17, 2002, the City Council held a public hearing for Project 874. After presentations from City engineering staff and public comment from affected and interested residents, the Council approved the project, authorized preparation of detailed plans and specifications, and authorized the acquisition of easements through the quick-take eminent domain process, if necessary. • Engineering staff has been unable to reach an agreement with the property owner of Parcels 10-03800-070-02 and 10-01200-060-02 (3400 Highway 55), Mr. John Cina for the necessary right-of--way and easements for construction and maintenance of the improvements. • All of the easements needed for the construction of said improvements are being acquired through the eminent domain process and the City will have access rights to the impacted properties on July 15, 2003. Staff will continue to negotiate to acquire the right-of--way and easements prior to that date. • Engineering staff anticipates that all necessary MN Department of Transportation permits to utilize a portion of Highway 55 right-of--way for frontage road and utility construction will be received prior to the bid opening date. • The plans and specifications have been completed by the City Engineer and are being presented to the City Council for their approval and authorization of the advertisement of bids. 30 Agenda Information Memo April 1, 2003 S. DUCKWOOD DRIVE NO PARKING ACTION TO BE CONSIDERED: Approve a resolution to prohibit parking on Duckwood Drive between Pilot Knob Road and Denmark Avenue and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On December 2, 2002, the City Council approved the proposed resurfacing of the streets within the Town Centre Area, including Duckwood Drive between Pilot Knob Road and Denmark Avenue, as part of Project 851. • It is desirable for the City to obtain the use of Municipal State Aid funding to reimburse the construction costs of the proposed street improvements. • The proposed design of the improvement of Duckwood Drive meets the State Aid standards for a major collector without on-street parking. • Minnesota Rules Chapter 8820 (State Aid standards) requires the prohibition of parking on all State Aid designated roadways where parking lanes are not provided. 3/ Agenda Information Memo April 1, 2003 T. DENMARK AVENUE NO PARKING ACTION TO BE CONSIDERED: Approve a resolution to prohibit parking on Denmark Avenue between Duckwood Drive and Tamarac Point and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On December 2, 2002, the City Council approved the proposed resurfacing of the streets within the Town Centre Area, including Denmark Avenue between Duckwood Drive and Tamarac Point, a private street, as part of Project 851. • It is desirable for the City to obtain the use of Municipal State Aid funding to reimburse the construction costs of the proposed street improvements. • The proposed design of the improvement of Derunark Avenue meets the State Aid standards for a major collector without on-street parking. • Minnesota Rules Chapter 8820 (State Aid standards) requires the prohibition of parking on all State Aid designated roadways where parking lanes are not provided. ~~ Agenda Information Memo April 1, 2003 Eagan City Council Meeting U. LOTS 1 & 2, BLOCK 1. HEINE 1sT 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 May 6, 2003. FACTS: • On May 16, 2001, City staff received a petition from Mr. Bill Heine, property owner at 1480 Diffley Road, requesting the vacation of the standard drainage and utility easements on the common lot line of Lots 1 & 2, Block 1, Heine 1St Addition, south of Diffley Road and west of Heine Strasse in south-central Eagan. • The property owners propose to re-plat Heine 1St Addition (to Heine 2"a Addition) to reconfigure the common lot line between the two lots. On August 20, 2002, the City Council preliminarily approved this re-plat. • City Council consideration of the Heine 2"d Addition final plat is scheduled for the regular Council meeting, also on May 6, 2003. • Standard lot line drainage & utility easements will be dedicated along the new lot line with the Heine 2na Addition plat. • On March 12, 2003, the petitioner submitted a letter requesting that the Council now receive the petition and schedule a public hearing for consideration of the vacation. • Notices will be published in the legal papers and sent to all potentially affected and/or interested utilities for comment prior to the scheduled public hearing. ~~ Agenda Information Memo April 1, 2003 V. DRIVER'S TRAINING FACILITY, 2070 CLIFF ROAD DRAINAGE & UTILITY EASEMENT ACTION TO BE CONSIDERED: Approve an Easement Agreement for Drainage and Utility Purposes with the State of Minnesota for Pazcel 10-03100-010-02 (2070 Cliff Road) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • County Project 32-26 provided for the upgrade of Cliff Road, between Nicols Road and Interstate 35-E, to a divided 4-lane roadway including various sanitary sewer, water main, and storm sewer improvements and off-street bituminous trails and sidewalks as outlined and discussed in the feasibility report for City Project 609. This work was constructed in 1992. • The upgrade of Cliff Road (County State Aid Highway 32) included the extension of an 8" sanitary sewer and 15" storm sewer to the northwest corner of the Driver's Training Facility property. The extension of these utility lines provides for the future potential development of the two lazge parcels on the south side of Cliff Road. • Permanent easements should have been acquired from the adjacent properties for the installation of the two sewer lines. Staff recently recognized the need for the easements and contacted the property owners. A representative of the property owner for Parcel 10-03100-010-02 has consented to granting the easement to the City. • An agreement between the City of Eagan and the State of Minnesota, owners of Parcel 10-03100-010-02 has been prepared providing for the acquisition of the necessary easement. • Engineering staff and the City Attorney's office have reviewed this agreement and found it to be in order for favorable Council action. ISSUES: • If the City Council would desire to discuss this item, it would be appropriate to direct any discussion to a Closed Session. 3~ Agenda Information Memo April 1, 2003 Eagan City Council Meeting W. RECEIVE PETITION/SCHEDULE PUBLIC HEARING FOR EASEMENT VACATION/LEXINGTON POINTE 14TH ADDITION This item has been removed from the agenda at the request of the petitioner. 3S Agenda Information Memo April 1, 2003 X. PROJECT 751R, DODD ROAD/CLIFF ROAD STREET IMPROVEMENT AGREEMENT ACTION TO BE CONSIDERED: Approve an Engineering, Construction and Right-of- Way Acquisition Agreement for Project 751R (Dodd Road, Cliff Road to Butwin Road - Street & Utility Improvements) with the Dakota County Highway Department and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 751R provides for the urban upgrade of Dodd Road, between Cliff Road and Butwin Road, including sanitary sewer, water main, storm sewer and off-street bituminous trails, and a street connection between Dodd Road and TH 3 along Carol Street as outlined and discussed in the feasibility report. • The Dakota County Highway Department had requested the reconfiguration of the intersection of Cliff Road (County State Aid Highway 32) and Dodd Road due to a significant number of recorded accidents at this location. • On February 5, 2002, the City Council approved Project 751R, including the intersection reconfiguration at Cliff Road and Dodd Road as requested by Dakota County. • An agreement between the City of Eagan and the Dakota County Highway Department has been prepared providing for the cost reimbursement of the engineering and construction of the improvements, the acquisition of additional right- of-way and the relocation of the existing privately owned utilities. As set forth in the agreement, the City's financial share of these improvements is 45% of the construction, engineering, right-of--way and utility relocation costs. The County's reimbursement of 55% of these costs is calculated to be $142,747.00. • City staff have reviewed this agreement and found it to be equal to the verbal agreement made with County staff and as represented in the feasibility report presentation of Project 751R and in order for favorable Council action. 36 Agenda Information Memo April 1, 2003 Eagan City Council Meeting Y. APPROVE CONVENTION AND VISITOR'S BUREAU LEASE FOR COMMUNITY CENTER SPACE, SUITE E ACTION TO BE CONSIDERED: Approve CVB Lease for Community Center Space. OR Not approve CVB Lease for Community Center Space. FACTS: • Since the early phases of the Community Center project, it has always been intended that the Eagan Convention and Visitor's Bureau would rent office space in the building. • This item has been reviewed by the Operations Committee. The Operations Committee has recommended Council approval. • The Eagan Convention and Visitor's Bureau has also reviewed the lease and provided input into its development. ATTACHMENTS: • None ~~ Agenda Information Memo April 1, 2003 Z. CONTRACT 03-O1, TOWN CENTRE AREA STREET & ACCESS MANAGEMENT IMPROVEMENTS ACTION TO BE CONSIDERED: To receive the bids for Contract 03-OlA (Town Centre Area -Traffic Signal Improvements), award a contract to ACT Electronics for a controller cabinet and cabinet equipment in the amount of $8,423.05, award a contract to Traffic Control Corporation for an Econolite controller unit in the amount of $2,765.00, authorize Dakota County Highway Department to acquire a controller cabinet and cabinet equipment and authorize the Mayor and City Clerk to execute all related documents. 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 March 18, 2003, the City Council approved the final plans and specifications and authorized the advertisement for a bid opening on Tuesday, April 29, 2003. Traffic signal improvements, including both new installation and revisions of existing signal systems, were included as part of the final plans. • Traffic signal components have long order or lead times, often extending up to 14 weeks before delivery to the project site. In order to not significantly delay the completion of the construction, public agencies often order signal components prior to the awarding of the base contract. • With the installation of the new traffic signal at the intersection of Duckwood Drive and Town Centre Drive, a traffic signal controller and cabinet will also be needed. The relocation of the existing controller and cabinet for the signal at Pilot Knob Road and Duckwood Drive will require the replacement of the existing cabinet. The consulting engineer and Dakota County Highway Department staff have both recommended the early acquisition of the traffic signal controller and cabinets. • Bid quotations have been solicited from three suppliers for the controller and cabinet for the new traffic signal. Dakota County has solicited quotes for the cabinet for the Pilot Knob/ Duckwood intersection since the County has jurisdiction of the signal. • Dakota County Highway Department staff have estimated a cost of about $8,500 for the traffic signal controller cabinet. • All bids have been reviewed for compliance with the specifications and accuracy on unit price extensions and summations and found to be in order for favorable Council action. ATTACHMENTS: • Bid Recommendation, pages ~ and _~ 3g =SEN March 19, 2003 Mr. Russ Matthys, PE City Engineer City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 Dear Mr. Matthys: 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 651.490.2000 651.490.2150 FAX archittcturr engintering tnaironmental transportation RE: Eagan, Minnesota Controller and Cabinet Information Duckwood Drive at Town Centre Drive City Contract No. 03-01 SEH No. A-EAGAN0204.00 RECEIdEC MAR 2 U 2003 EAGAN ENGINEERING DEPART~11EP1? As previously discussed, we recommend that the City of Eagan advance purchase the controller and cabinet. for the new signal system at Duckwood Drive and Town Centre Drive. By doing so, the City will cut down on the time it will take to get these materials to the job site for installation. These items have a lead time from placing order to receiving materials that can sometimes exceed 12 weeks (especially during the busy spring and summer months). By ordering these materials as soon as possible, we can continue to remain on schedule for having this signal system operational as soon as possible. Secondary benefits of advance ordering these materials are the ability to save contractor markup costs on these items, and the assurance that these materials will meet all specified project and County standards for these items. Previously, the County would provide these materials to the local agency and bill the agency for all costs related to procuring these items. However, the County has changed their policy, and now leaves it up to the local agency to obtain these items at their own expense and through their own process of ordering materials. The County will still assist the City with set-up and making these items operational when the time comes to make the signal system operational. As requested, we have solicited price quotes from three (3) suppliers for both the controller and cabinet. Materials specified to be quoted on were to be in accordance with equipment used by the Dakota County Highway Department on their signal systems. Since the County will be assisting the City with maintenance and operation of this signal system, having County approved controller and cabinet equipment at the signal system is essential to having the County complete all controller and cabinet operations on behalf of the City of Eagan. Price quotes were solicited from ACT Electronics, Traffic Control Corporation and Traffic Technologies. These three suppliers are the main suppliers of controller and cabinet equipment in the Twin Cities metropolitan area. Given the specific make and model of equipment required for this signal system (as determined through the County), quotes were received as follows: Traffic Technologies declined to provide a price quote for these items, since the specified make and model of equipment are not in their normal product line. Short Elliott Hendrickson Inc. Your Trusted Resource Equal Opportunity Employer 3~ • ACT Electronics provided a quote of $8,423.05 for the controller cabinet and $2,871.00 for the controller unit itself. • Traffic Contro] Corporation declined to quote on the controller cabinet, but provided a quote of $2,765.00 for the controller unit. A copy of each of their price quotes or acknowledgement of request for price quotes is included with this submittal, for your information. Note that price quotes do not include sales tax. Note also that the State allows for these costs to be included in the State Aid funding for the signal system work. Based on these price quotes, we recommend that the City of Eagan purchase the controller cabinet and cabinet equipment from ACT Electronics, and the Econolite controller unit from Traffic Control Corporation. With this letter, we have enclosed hard and disk copies of letters to each supplier that the City can put on City letterhead and send, along with a purchase order to each supplier, to purchase each item. Purchase orders can spell out (word for word) from the enclosed letters the equipment that the City will need to order. Please review each of these items at your earliest convenience, and contact me at 651.490.2073 with any comments or questions that you may have related to these items. If we can be of further assistance to the City with these items, please let me know. Please note that ACT Electronics has informed us that orders placed after March 27 will need to include a $500.00 increase in the cost of the controller cabinet equipment, as per ACT Electronics contract with the State of Minnesota for providing standard controller cabinets. Sincerely, Short Elliott Hendricks ,Inc. John M. Gray, PE Project Engineer Enclosures ~~ Agenda Information Memo April 1, 2003, Eagan City Council Meeting AA. ACCEPT PURCHASE OFFERS FOR CITY-OWNED HOMES ACTION TO BE CONSIDERED: • To accept purchase offers for City-owned homes at 2246 Clazk Street, and 4185 Strawberry Lane. FACTS: • The City of Eagan previously purchased homes at 2230 Clark Street, 2238 Clark Street, 2246 Clazk 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 low 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. • On March l 8, 2003 the City Council accepted offers on two of the properties (2230 Clazk Street and 2238 Clark Street) and directed that the other two houses (2246 Clark Street and 4185 Strawberry lane) remain on the market. • 2230 Clark Street is scheduled to close on Apri12 and 2238 Clazk Street is scheduled to close on April 18. • Ms. Rumbaugh will present offers on the final two homes to City staff on Monday, March 31. 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 Mazch 31 Additional Information Agenda memo. In the event any public policy issues are raised the item will need to be pulled from the consent agenda for discussion. S`/ Agenda Information Memo April 1, 2003, Eagan City Council Meeting BB. APPROVE TRANSFER OF $2000 FROM GENERAL FUND TO CIVIC ARENA FUND -CITY CONTRIBUTION TO THE GET JOBS JOB FAIRS ACTION TO BE CONSIDERED: • To approve the transfer of $2000 from the General Fund to the Civic Arena Fund as the City's contribution to the Get Jobs Job Fairs FACTS: • In 2001 the City of Eagan partnered with the Dakota County Econonvc Development Partnership (DCEDP) and the state of Minnesota Workforce Development program by proving space in the Civic Arena to host a job fair event. • Since the Civic Arena is an enterprise fund and not the proper City entity to make the contribution to the economic development program, in 2002 the City Council authorized a $400 transfer from the General Fund to the Civic Arena fund as a rental payment for a one day job fair. • Because of the success of previous job fairs and the current economic climate, the partnership has held one job fair in March, has another scheduled for May and is giving consideration to one more in September. • Due to set up time and an increase in rental rates, a total of four days at $500 per day have in eiJ'ect been rented from the Civic Arena to host these job fairs at a potential total rental cost of $2000. • The transfer would be funded from economic development funds from the City's Administration Department. ya Agenda Information Memo April 1, 2003 Eagan City Council Meeting CC. APPROVE WATER METER READING SERVICE AGREEMENT ACTION TO BE CONSIDERED: Approve aone-yeaz water meter reading service agreement with SL-Serco, with an option for a second yeaz. FACTS: • Since 1993, the City has contracted out water meter reading services for utility billing. • The contract extension with the City's current water meter reading contractor, RMR Services, expires March 31, 2003. • Staff received quotes from three different meter reading contractors for atwo-yeaz service period. RMR and STDEA Readers quoted a 2003 rate of $.39/read. SL- Serco quoted a rate of $.40/read. Annual costs for contractual meter reading will be approximately $28,000. • Several LOGIS cities utilize either RMR or SL-Serco for water meter reading. STDEA does not currently provide water meter reading services for cities. • Staff recommends accepting the SL-Serco quote. Based on references from the other LOGIS cities (some of which have used both RMR and SL-Serco) and the Finance Department's cost analysis, the service efficiency of SL-Serco would more than offset the extra $.O1/read cost. Higher service efficiency reduces the number of re-reads the City has to conduct using Utility Maintenance staff: • The agreement has been reviewed by the City Attorney. ATTACHMENTS: • Meter reading service agreement template on pages ~ through ~ . ~3 METER READING BERVICE AGREEMENT': CITY OF EAGAN AND ' .~ . THIS AGREEMENT, is made and entered into this day of ~ , 2d~~, by~and between THE CITY OF EAGAN, Dakota County, Minnesota, (hereinafter "City") and a Minnesota corporation, (hereinafter ' ~'). W I T N E S S E T H: WHEREAS, the City is authorized by Minnesota Statutes Sections 412.221, Subd. 2 and 11, and 412.321, Subd. 1, to enter into this Agreement for the furnishing of meter reading services by _ and WHEREAS, the City has requested and _~,,~. has accepted the engagement of for meter reading services, subject to the terms and conditions contained herein; and WHEREAS, the City has determined it is in the best interest of the City and the public to provide compensation to for the services referred to herein. NOW, THEREFORE, the City and hereby agree as follows: A. Meter Reading Services. 1. shall read all water meters located within the City of Eagan, in designated routes in accordance with the schedule set forth in Exhibit "A" attached hereto and incorporated as a part of this Agreement. shall not read any water meter which is not equipped with an external mounted index. 2. All meter reading services performed and furnished by under this Agreement shall be in accordance with die^following requirements: a. All ~_ meter readers shall be trained by__ to properly provide the services under this Agreement; b. All meter readers shall be in uniform and bearing~a picture identification badge; ~{Y c. All meter readers shall operate from vehicles conspi'~' usly identifying such individual as a meter reader for ,_._.. d. No meter readers shall read meters under this Agr~t except during the following time period: Monday through Saturday .8:00 a.m. to 5:30 p.m., unless an extension thereof is granted by the City. e. shall not commence work under this Agreement until it has filed a Certificate of Insurance with the City Clerk, evidencing liability insurance coverage of a minimum of $2,000,000.00 per occurrence for bodily injury and $1,000,000.00 per occurrence for property damage and a $1,000,000.00 aggregate for the term of this Agreement. Such insurance shall be obtained from an insurance company licensed to do business in the State of Minnesota. Such insurance shall name the City as additional insured. shall not commence work under this Agreement until it has filed a Certificate of Insurance with the City Clerk, evidencing Workers' Compensation and Employer's Liability Insurance coverage as required by law for all its employees to be engaged directly or indirectly in the work under this Agreement for the term of this Agreement. Any insurance required hereunder shall be kept in force during the term of this Agreement and provide for thirty (30)-day written notice to the City prior to the termination or cancellation thereof. 3. The City shall provide a maximum of four solid state interrogators (also known as data entry devise) to meter readers for the performance of the work under this Agreement. meter readers shall submit readings entered into suc~i '"devices to the City during normal business hours in accordance with the schedule set forth in Exhibit "A"._ _ shall be solely responsible for any costs incurred to the City for the replacement or repair of any data entry device which is lost or damaged through the fault of or its agents, servants or employees. -2- ~ S~ 4. No meter reader or other ;,personnel acting under thi~"~'greement shall for any reason be classified as an employee of the City. B. Compensation. 1. The City agrees to pay. $0. _ per meter read once per quarter by - under this Agreement. shall submit to the City a monthly billing statement and the City shall pay within 30 days following the City's receipt of such statement. C. Term and Removal. 1. This Agreement shall become effective on , and shall terminate on ~. 2. This Agreement may be terminated by the City at any time, with or without cause, upon thirty (30) days' written notice to r ~ D. Liability. 1. agrees to indemnify, defend ~mless from any claims, demands, action arising out of any act or of or its agents, servants performance of or with relation services performed or furnished Agreement. E. Alteration or Modification of Agreement. and hold the City actions or causes of omission on the part or employees in the to any of the work or by ~_ under this 1. Any alteration, variation, modification or waiver of any provision of this Agreement shall be valid only after it has been reduced to writing and duly signed by both parties. 2. This Agreement shall constitute the entire Agreement between the parties and shall supercede all prior oral or written negotiations or agreements relating to the subject matter hereof. _3_ ~~ Agenda Information Memo April 1, 2003 Eagan City Council Meeting DD. CONTRACT 01-14, JULY 2000 STORM MITIGATION IMPROVEMENTS ACTION TO BE CONSIDERED: To approve the final payment for Contract 01-14 (July 2000 Storm Mitigation Improvements) in the amount of $21,847.33 to Lametti & Sons, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: Contract O 1-14 provided storm water drainage system mitigation improvements in various areas affected by the July 2000 Super Storm (Areas #1, 4, 5, & 10), as outlined and discussed in the Preliminary Design Report (Apri12001). The work has been completed, inspected by representatives of the Public Works Department and found to be in compliance with the approved plans and specifications, and is in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. ~~ Agenda Information Memo April 1, 2003, Eagan City Council Meeting CONSENT AGENDA: EE. Burnsville / Eagan Community Television Volunteer Appreciation Day ACTION TO BE CONSIDERED: Proclaim Thursday, Apri13, 2003 as Burnsville / Eagan Conununity Television Volunteer Appreciation Day. FACTS: From January 1, 2002 to December 31, 2002, 571 citizens volunteered approximately seven thousand hours of their time and energy to provide community television programming to the communities of Burnsville and Eagan, resulting in 900 hours of original programming and approximately 600 new productions. These programs provide the opportunity for the citizens of Burnsville and Eagan to view programs for and about their communities, which otherwise would not be provided. These volunteers receive no compensation for their time, energy and production skills, other than the occasional thank you by appreciative viewers and citizens. ATTACHMENTS: • The proposed proclamation is attached as page number ~~ PROCLAMATION BURNSVII.LE/EAGAN COMMUNITY TELEVISION VOLUNTEER APPRECIATION DAY WHEREAS, from January 1, 2002 to December 31, 2002, 571 citizens volunteered approximately seven thousand hours of their time and energy to provide community television programming to the communities of Burnsville and Eagan, resulting in 900 hours of original programming and approximately 600 new productions, and WHEREAS, these programs provide the opportunity for the citizens of Burnsville and Eagan to view programs for and about their communities, which otherwise would not be provided, and WHEREAS, the Burnsville/Eagan Community Television volunteer producers and their crews have established Burnsville/Eagan Community Television as a premier community television institution, having received over 20 state and national awards, and WHEREAS, these volunteers receive no compensation for their time, energy and production skills, other than the occasional thank you by appreciative viewers and citizens, and WHEREAS, the cities of Eagan and Burnsville, and the Burnsville/Eagan Telecommunications Commission, have decided to demonstrate their appreciation by honoring all the 2002 community television volunteers, with the Burnsville/Eagan Community Television Volunteer Appreciation Event on Apri13, 2003. NOW THEREFORE, I, Patrick Geagan, Mayor of the City of Eagan, on behalf of the City Council, do hereby proclaim Thursday, April 3, 2003 as BURNSVILLE/EAGAN COMMUNITY TELEVISION VOLUNTEER APPRECIATION DAY in Eagan, Minnesota. Proclaimed this ] st day of April, 2003. '~ 9 Agenda Information Memo April 1, 2003, Eagan City Council Meeting CONSENT AGENDA: FF. Space Day in the City of Eagan ACTION TO BE CONSIDERED: Proclaim May 1, 2003 as Space Day in the City of Eagan FACTS: • Space Day is a unique educational outreach effort championed by Lockheed Martin Corporation to inspire students to study math, science and technology. • Space Day 2003 will celebrate the Centennial of Flight. • Space Day has been celebrated by Lockheed Martin in a variety of ways for the past six years. ATTACHMENTS: The proposed proclamation is attached as page number J so Mayoral Proclamation CITY OF EAGAN MINNESOTA PROCLAMATION SPACE DAY MAY 1, 2003 WHEREAS, Space Day is the culminating event of the year-round Embrace Space educational initiative, celebrating the extraordinary achievements, benefits and opportunities in the exploration and use of space; and WHEREAS, Space Day encourages people of all ages from around the globe to advance science, math and technology education, and to inspire future generations to continue the vision of our space pioneers; and WHEREAS, Space Day is an exciting time for all mankind as we stand at the threshold of a new age of space science and exploration, where the vision of our forefathers will become a reality through the hopes and dreams of our young people; and WHEREAS, the Embrace Space initiative is supported by more than 60 Partners representing a broad cross-section of educational, professional and trade associations, youth groups, corporations and space-related organizations; and WHEREAS, the City of Eagan will join with other organizations in celebrating Space Day through educating and communicating the excitement and importance of space in our lives; NOW, THEREFORE, I, Pat Geagan, Mayor, do hereby proclaim May 1, 2003 as SPACE DAY in the City of Eagan. i~ - In Witness Whereof, I have hereunto set my hand and caused the Great Seal of the City of Eagan to be affixed this day of , 2003. Mayor S/ Agenda Information Memo April 1, 2003, Eagan City Council Meeting CONSENT AGENDA: GG. 2002 Public Safety Dispatch Agreement ACTION TO BE CONSIDERED: Approve the 2003 Public Safety Dispatch Agreement FACTS: • The City of Eagan has previously been part of a Public Safety Dispatch Agreement with the City of Rosemount. • The Public Safety Dispatch Agreement outlines police and fire dispatch services The Public Safety Dispatch Agreement was examined by the Eagan City Attorney. ATTACHMENTS • Public Safety Dispatch Agreement is attached without page number Sa Agenda Information Memo April 1, 2003 Eagan City Council Meeting HH. APPROVE 2003 PARKS AND RECREATION CIP ACTION TO BE CONSIDERED: Approve 2003 Parks CIP and Guidelines for 2004-2008 OR Not Approve 2003 Parks CIP and Guidelines for 2004-2008 FACTS: • Each year the parks CIP is reviewed by the APrC, designating projects to be funded primarily by the Park Site Fund. • At the March 25, 2003 joint Council/ Advisory Parks Commission workshop, the City Council discussed approving the 2003 CIP as presented by the Advisory Parks Commission. • At the joint Council/ Commission workshop, Council discussed looking at the 2004- 2008 CIP suggestions as a guideline, rather than a specific CIP. • Council made suggestions for amendment. These suggestions have been integrated into the document. ATTACHMENTS: • CIP as amended, page:- ~ / V MEMO city of eagan TO: Gene VanOverbeke, Director of Administrative Services CC: Beth A. Wielde, Parks Research & Special Projects Paul Olson, Parks Superintendent FROM: Ken Vraa, Director of Parks and Recreation DATE: March 27, 2003. SUBJECT: 2003-2008 Park Site Fund CIP The City Council approved the 2003 CIP on March 25, 2003. The CIP outline for years 2004-2008 were adopted as a guideline to be reviewed each year. Fund Balance: 2003 (Recommended for Approval As Amended, 03/25/03) ,,. North Fields Construction , $630,000 Clearwater Park Rink Li hts U ade 30,000 Pla ound Re lacements, Probable Walnut Hill and O'Le 60,000 Thomas Lake Park Buildin Renovation 225,000 Hocke Rink Pavin (1 40,000 O en S ace Evaluation Grant 10,000 Tennis Court Reconstruction 45,000 1,040,000 Sy 2004 (Guideline) .,. Patrick Ea an Park Master Plan , 80,000 Pla ound Re lacements 2 ,Probable Fish & Rid ecliff 65,000 Central Park Im rovements 105,000 Hocke Rink Pavin 1 45,000 Tennis Court Reconstruction 2 50,000 Burr Oaks Lake Loo Trail 50,000 Wescott S uare, Sun Shelter or Pavilion 40,000 Additional Skate Park 40,000 Total 475,000 2005 (Guideline) ~~ Park Sun Shelter 2 60,000 Central Park Exterior Pla ound 40,000 Central Park Im rovements 105,000 Walnut Hill Park Trail 80,000 Pla ound Re lacement 2 65,000 Tennis Court Reconstruction (2 50,000 Lexin on-Diffle Li ts, endin artnershi 270,000 Northview Park S ectator Nettin 5,000 Holz Farm Develo ment 250,000 Total 925,000 2006 (Guideline) ,,. Patrick Ea an Park Master Plan Irri lementation , 500,000 Hocke Rink Pavin 45,000 Tennis Court Reconstruction 2 50,000 Pla ound Re lacements 2 70,000 Cedar Grove Im rovements 150,000 Total 815,000 S 2007 (Guideline) 2008 (Guideline) .,. Rahn Park Master Plan , 25,000 Lexin on-Diffle Li hts, 3 additional from revious re uest 270,000 Pla ound Re lacements 2) 70,000 Hocke Rink Pavin 45,000 Tennis Court Reconstruction (2) 50,000 Total 460,000 "Parking Lot" Carnelian Park Rink Light U ade ~, 25,000 Off Leash Dog Area (OLDA) Pending Dakota County pilot ro~ect outcome Undetermined Carlson Lake fishing Dock Pending potential grant match 2005 Hocke Rink Pavin 90,000 2006 Northview Tennis Li hts 75,000 S6 Total- All Projects, 2003-2008 2003 ~, 1,040,000 2004 475,000 2005 925,000 2006 815,000 2007 165,000 2008 460,000 Total, 2003-2008 3,880,000 Other Allocations Ac uisition O ortunities 460,000 Small Pro'ects < $10 k 80,000 Total 540,000 2003-2008 S7 Balance Over Time II Be innin Balance 3,146,000.00 Park Dedication 262,500.00 Earnin s (3% of be innin balance) 94,380.00 Total Available 3,502,880.00 2003 Ex enditure (1,040,000.00 End Balance 2,462,880.00 11~ Be innin Balance 2,462,880 Park Dedication 210,000 Earnin s (3% of be innin balance) 73,886 Total Available 2,746,766.40 2004 Ex enditure 475,000 End Balance 2,271,766.40 II Be innin Balance 2,271,766.40 Park Dedication 50,000 Earnin s (3% of be innin balance) 105,000 Additional Earnin s, artnershi funds 68,152.99 Total Available 2,494,919.39 2005 Ex enditure 925,000 End Balance 1,569,919.39 II. Be innin Balance 1,569,919.39 Park Dedication 105,000 Earnin s (3% of be innin balance) 47,097.58 Total Available 1,722,016.97 2006 Ex enditure 815,000 End Balance 907,016.97 SS' 11 Be innin Balance 907,016.97 Park Dedication 105,000 Earnin s (3% of be innin balance) 27,210.51 Total Available 1,039,227.48 2007 Ex enditure 165,000 End Balance 874,227.48 II: Be innin Balance 874,227.48 Park Dedication 50,000 Additional Earnin s, artnershi funds 105,000 Earnin s (3% of be inning balance) 26,226.82 Total Available 1,055,454.31 2008 Ex enditure 460,000 End Balance 595,454.31 ~9 Agenda Information Memo April 1, 2003, Eagan City Council Meeting CONSENT AGENDA: II. National Day of Prayer ACTION TO BE CONSIDERED: Proclaim May 1, 2003 as National Day of Prayer FACTS: National Day of Prayer was proclaimed by President Abraham Lincoln for the first time in 1863; a joint resolution of Congress established it as an annual event in 1952; and in 1988, the 100`h Congress and President Reagan confirmed the National Day of Prayer to be the first Thursday in May each year. The Citizens of Eagan have relied on prayer as a source of strength and guidance to face the problems of today, the uncertainties of tomorrow, and to give thanks for our many rich blessings. The Citizens of Eagan can gather together on this day in their homes, schools, churches and meeting places to pray for strong moral character in the lives of all people in this city and state, as well as for peace and understanding throughout this nation and the world. ATTACHMENTS: The proposed proclamation is attached as page number 60 Proclamation National Day of Prayer May 1, 2003 Whereas: President Abraham Lincoln declared a National Day of Prayer for the first time in 1863; a joint resolution of Congress established it as an annual event in 1952; and in 1988, the 100`h Congress and President Reagan confirmed the National Day of Prayer to be the first Thursday in May each year; and Whereas: May 1, 2003, marks the 52"d consecutive observance of the National Day of Prayer in cities and towns throughout the United States; and Whereas: the Citizens of Eagan have relied on prayer as a source of strength and guidance to face the problems of today, the uncertainties of tomorrow, and to give thanks for our many rich blessings; and Whereas: the Citizens of Eagan can gather together on this day in their homes, schools, churches and meeting places to pray for strong moral character in the lives of all people in this city and state, as well as for peace and understanding throughout this nation and the world; and Whereas: through prayer we can ask God for guidance and wisdom for all leaders in our city, county, state and nation; Now, therefore, I, Patrick J. Geagan, Mayor of the City of Eagan and, on behalf of the Eagan City Council, do hereby proclaim Thursday, May 1, 2003, as A Day of Prayer in the City of Eagan 6/ Agenda Information Memo April 1, 2003 JJ. TOWN CENTRE DRIVE NO PARKING ACTION TO BE CONSIDERED: Approve a resolution to prohibit parking on Town Centre Drive between Duckwood Drive and Denmark Avenue and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On December 2, 2002, the City Council approved the proposed resurfacing of the streets within the Town Centre Area, including Town Centre Drive between Duckwood Drive and Denmark Avenue, as part of Project 851. • It is desirable for the City to obtain the use of Municipal State Aid funding to reimburse the construction costs of the proposed street improvements. • The proposed design of the improvement of Town Centre Drive meets the State Aid standards for a municipal street without on-street parking. • Minnesota Rules Chapter 8820 (State Aid standards) requires the prohibition of parking on all State Aid designated roadways where parking lanes are not provided. 6a Agenda Information Memo April 1, 2003 Eagan City Council Meeting KK. CASH WATER QUALITY DEDI CATION FEE FOR 2003 ACTION TO BE CONSIDERED: Increase excavation rate used to calculate cash water quality dedication fees from $3.00 to $4.50 per cubic yard. FACTS: • Within the City's subdivision regulations, Chapter 13.20 Subd. 8.A.4. requires dedication of ponding areas in accordance with the City's stormwater management and water quality management plans. These regulations also provide, at the City's option, cash contributions to be made to the water quality management fund in lieu of and/or in addition to ponding azeas. • According to the regulations, such a "ponding area dedication shall be in an amount as determined by the council as reasonably necessary to comply with the city's water quality management plan. The cash contribution shall be based on a rate schedule established by resolution of the council from time to time." Cash water quality dedications aze calculated to represent the cost to create the azea and volume of treatment ponds. The area and volume of treatment ponds aze determined by factoring the percent of impervious cover of a development into a computer model for storm water runoff and retention. The fee in lieu of ponding is then derived by multiplying the pond azea by the per-acre land value in the fee schedule and by multiplying the pond volume by the per-yard excavation cost in the fee schedule. The per-yazd excavation cost in the current water quality dedication fee schedule is $3.00. A review of pond excavation prices the City paid in 2001-2002 showed the average cost of S contract occurrences to be $8.46 per yard, with the lowest rate being $6.50 per yazd. However, these prices were generally for excavation of existing ponds, which often aze in "remote" azeas with tough access. A recent informal phone "survey" of 5 contractors showed the average cost to be $6.50 per yard, but all indicated how difficult it is to estimate without referring to specific conditions. The lowest cost estimate was $3.00 per yard-the City's current rate. • It seems realistic and reasonable, therefore, to increase the excavation rate used to calculate cash water quality dedication fees from $3.00 to $4.50 to more closely match mazket conditions. Attachments: 2000-2003 Comparison of Cash Water Quality Dedication Fees ~~~ j~ 6 ~f 6.3 Single Multiple Commercial Commercial Commercial residential residential 22 %imperv. 32 %imperv. 65% imperv. 75% imperv. 85% imperv. 1.5-acre sites 2000 $2,510 $3,725 $9,099 $9,841 $10,526 2003 $3,310 $4,008 $9,611 $10,423 $11,178 increase 31.9% 7.6% 5.6% 5.9% 6.2% 3-acre sites 2000 $4,761 $5,709 $13,763 $15,061 $16,200 2003 $5,278 $6,273 $14,787 $16,225 $17,503 increase 10.9% 9.9% 7.4% 7.7% 8.0% 2000 =with $3.00/yd rate 2003 =with $4.50/yd rate 65~ Agenda Information Memo April 1, 2003 Eagan City Council Meeting LL. VERIZON TELECOMMUNICATIONS LEASE AMENDMENTS ACTION TO BE CONSIDERED: Approve the telecommunication lease agreement amendments with Verizon Wireless for antenna installations on the Deerwood, Yankee, and Southern Lakes Water Reservoirs and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City has received a request from Verizon Wireless to approve amendments to original contractual lease agreements that further detail fee structures for various antenna arrays currently located on City water reservoirs. • These amendments have been reviewed by the staff and City Attorney's office and are in order for favorable Council consideration. 6s Agenda Information Memo April 1, 2003, Eagan City Council VI. OLD BUSINESS A. INTERIM USE PERMIT -PETER LUND (ROAD EQUIPMENT PARTS CENTER) ACTION TO BE CONSIDERED: To approve an Interim Use Permit to allow outdoor storage ofsemi-trailers and prefabricated modular buildings on property located southeast of Mike Collins Drive and Borchert Lane in the in the SE'/4 of Section 11 and SW '/4 of Section 12, subject to the conditions in the APC minutes. OR To deny an Interim Use Permit to allow outdoor storage ofsemi-trailers and prefabricated modular buildings on property located southeast of Mike Collins Drive and Borchert Lane in the in the SE'/4 of Section 11 and SW'/4 of Section 12. FACTS: • At the February 4, 2003 meeting, the Council extended the time period for agency action on this request by 60 days (to April 17, 2003), and directed the Advisory Parks and Recreation Commission to review and comment on the item. Both the Advisory Planning Commission and Advisory Parks and Recreation Commission have recommended approval of the Interim Use Permit. • At the February 18, 2003 meeting, at the applicant's request, the Council continued this item to the April 1, 2003, meeting, and requested additional information regarding a conceptual site plan for development of the parcel and possible improvements to Borchert Lane. • On March 4, 2003, the Council approved preparation of a feasibility report for Project 884 (Borchert Lane -Streets and Utilities). The Council also directed staff to analyze the benefit of shifting Borchert Lane to the north. The draft feasibility report is anticipated to be complete and presented to the Council by April 15, 2003, and ready for a public hearing on May 20, 2003. • The applicant has provided a conceptual site plan showing a 10,000 sq. ft. building and associated parking on the site. • The site is vacant and the upland area is relatively flat. Prefabricated modular buildings are currently being stored on the site. The westerly part of the site contains part of a pond with steep wooded slopes along the banks of the pond. • The current outside storage on this site is accessory to the business operations on the adjacent property to the east (3275 Dodd Road), which is occupied by Road Equipment Parts Center. Road Equipment Parts Center provides parts and service for commercial vehicles. • The adjacent property to the south is owned by the City and guided P, Park, and development of athletic fields is anticipated to begin on the park site in Spring, 2003. The park is expected to be open to the public in August 2004. • Grading of the area will be required to direct storm drainage and prepare the site for the trailer storage. Surfacing of the storage area is proposed to be recycled bituminous aggregate and a grass Swale will be constructed to divert storm drainage away from the existing steep slope and reduce the further potential erosion of that slope. 66 • A revised site plan will be required to provide increased setbacks to meet City Code standards, and aisles within the storage area for maneuvering and access to the interior trailers. ISSUES: Dakota County Environmental Services requires closure of the site because it was part of a construction debris landfill in the 1970s. Dakota County Environmental Services has reviewed the grading and drainage plan. The applicant proposed the interim use permit for a period of 3 years. Staff suggested, and the APC concurred with, an 18-month term so that the termination date of the Interim Use Permit coincides with the expected opening of the adjacent park. ATTACHMENTS (7): Conceptual Site Plan, page Borchert Lane Alternative Alignment, page ~' Staff memo/e-mail dated February 28, 2003, pages a through February 13, 2003 APrC meeting minutes, page Memo from City Attorney dated February 12, 20 3, page January 28, 2003, APC Minutes, pages ~ through Staff report, pages ~ through 6~ ,- 1 -- - - -~-- _ _ ~ d-~~i 1, ~ i ~ ~~ly ~~~i , O~ j ~4~I~~~1+. r.., i ~~liflhi~, f- I ~~ 1t;i~~4~.: i ~~~~ v~ ~, ~ , ~f~il+~f'~ 1 IB ~ itail:~~ E C{ i i ~ it ~~~tttt11 ( ~ iii iiiiii~E-{ i~ IE' V~(l~i~, ;~ ~.:e~e+e ~ddieb ~~i, ~1i eisl Q~l~l~ .~~. i $~w ~a, f H o~~ <~I~~III Z ..: -- i. i \V fee /' .}'~ ~O - - _ .. ~ (( 8 - _ Ap~t~~9 Y ~ ~ ~~- m( f ~( / ~ ~ 9 K ~0l.MNG p0~ z ,0,c j tavo ' ~ ` _ /r , ~ L. / 0~ ~~ ~ ~~`' _ 4 l/ 0~h: ?gyp ~y.~ _ ¢ -- `('m ~ ~` ' / .4.,., ~y ~~ ~o ~ ~ .r' -5- / '~ ~7: rt t ~ 1 lAgpi ~ r€~ ~ ~ , . / -_' _ / ~~ 18601".` ~ ( ( -~.. / / -t S T n a P '~C ~ L`~ ~ ~ ~ _ ~ 3..00.00.005 ~ ( _ . ¢ _ - - ~ ( ' /: ~ ,J'{,J ~ tip' , i $ ? '' --- r ~ v~ ~ gYY Qt ` i p~a~ . ;;}} `/ .J5'~ ~ ~o F~` it~ON `r^ ~'' g~ ~~+ [o'clNr,t 5` X00 '~ ~pc' ~oAOgeLHLpt p 1 ppR `b ~'t ~ - t~' ` `'~ I h _6 ~E \~.~ _ _ 1 ~ . - 4 .. 6a 1 ~ `J I I O~ I l l/ ,~~ / / yam` O ~+` . ~ / ( ~O ~`~~ ~ ~` ~ ~ ~ ~ ~ i ~~ i RIGHT-OF-WAY TO BE AQUIRED RIGHT-OF TO BE VA B rchert-Ingersoll I' c. 1 st Add. POnd Lot 1 Block 1 FP-2 10-14700-01 o-q 1- 8.5 Ac. L1\.I Scale : 1" = 200' NORTH FIELDS Borchert-Ingersoll Inc. 1st Add. Lot 2 Block 1 10-14700-010-02 10.3 Ac. ( Improvements in AREAS RNV to be squired 21,853 sf RNV to be vacated 21,262 sf Mar. 17, 03 Borchert Lane Areas city of Eagan City Project No. 884 Page 1 of Mike Ridley From: Mike Ridley Sent: Friday, February 28, 2003 2:30 PM To: Tom Hedges Subject: Lund IUP Tom, So nothing slips through the cracks, I am looking for direction on additional information regarding the Lund IUP. Councilmember Carlson requested information on the following statements (responses are in bold print): Three questions need answers: The rest are comments/requests and 6 years of facts that justify my wanting more thought and time put into this one. 1. Requested Pam Dudziak put a mock site plan together. Does the developable part of the "parcel" allow for a higher, more appropriate use ex: small office building, and parking. Taking setbacks and landscaping into account (of course). If a tight fit for an office use, the council cou/d consider fudging on setbacks to provide for a better use, now that this is the gateway into the park... Lund's architect worked up a plan that shows the site could accommodate an approximately 10,000 SF office building and associated off-street parking. 2. Would like feedback from Ridley, Vraa and Colbert on this one Should the decision to not upgrade Borchert Lane, to city standards, be reconsidered now that (if approved) the property owner is going to be making improvements to property along this nonexistent road for an official industrial use? Yes. Authorization to prepare a Feasibility Report for Project 884 (Borchert Lane -Streets and Utilities) is scheduled for the March 4, 2003 Consent Agenda. Draft FR can be completed and presented to Council on April 1 and a public hearing can then be scheduled for May 6. 3. Would like feedback for Dougherty on this one. Is the city losing legal ground if the interim use permit is approved, and the grading and hard surface investment are required, and 18 months later the IUP is not renewed? We know he will be back for a renewal crying hardship. 3/28/2003 ~O Page 2 of Mike Dougherty's response: "I spoke with Mike Ridley, who is comfortable with the use of an IUP rather than a CUP. Since there exists no structure or principal use, the owner is not entitled to outdoor storage as a CUP in the Industrial district. Under such circumstances, requiring grading and pavement for a temporal use should not adversely affect the city's posture with respect to a future request for an extension. He is making the investment of his own accord to do something he otherwise could not do." Any further direction would be helpful. Thanks, Mike 3/28/2003 ~/ Advisory Parks Commission Minutes of Regular Meeting of February 13, 2003 Page 4 ST TO VACATE TRAIL EASEMENT - CARLSON LAKE ~'R~L ~" Director Vraa introduc his item stating that the City Council is requesting input from the Advisory Commission regarding the potential v tion of an easement along Carls6 Lake. He noted that the Council held a public hearing on February 4 and will use dvisory Commission's input and hearing commentary to determine if the easement is to be vacated. The location and of the easement was also reviewed. Member Davis asked if the applica as present to ess their request. It was noted that they were not present. Member Pletcher asked for ason for the request an ' ector Vraa replied that there was none given. Member Peterson suggested that ' e easement was acquired through p dedication it may not be able to be vacated easily. Director Vr esponded that it could pose some future title iss Member Davis opined that there did not appear to be an ear reason why the vacation should be granted. Afte her discussion, Dorothy Peterson moved, Joseph Bari seconded with all mem s voting in favor to not re end vacation of the trail easement at 1293 Carlson Lake Lane. INTERIM USE PERMIT -PETER LUND Following a brief introduction of this item by Duector Vraa, Planner Dudziak provided the background of the interim use permit for the property adjacent to the entrance to the developing North Fields. Following her presentation she noted that the City Council is looking for feedback from the Advisory Commission given the close proximity of this site to North Fields. Parks Superintendent Olson shared photos from Borchert Lane, which provided a visual perspective from the park. The photos included both the Lund property and the property on the other side of Borchert Lane at the entrance to North Fields. He also shared information regarding the proposed rain gardens that would take water away from the hill and pond as well as the grading plan for North Fields. He did note that once you are in the park you wouldn't be able to see the trailers that are currently stored on the Lund property. Although the park isn't scheduled to open unti12004, Olson noted that the interim use permit coincides with the opening. Responding to questions from Commission Members, Planner Dudziak noted that this request follows the standards of a Conditional Use Permit. She noted that the Advisory Commission is being asked to look at the impact to the park based on this request. Member Peterson asked if a provision could be included that if Borchert Lane is improved during the term of the permit and the trailers are in the way the interim use permit would or could be terminated. Director Vraa indicated that would not be a concern. Commission Members expressed a desire to have this item brought back to the Advisory Commission at the end of the 18 month term so that they could re-assess the situation. Chet Harrison representing Peter Lund responded to questions regarding the Swale being used for drainage of the site. He noted that when the road is brought in the water will then be run through the stormwater system. He also noted that the 18 month time frame would allow them to plan for a building on the site and they understand that the trailers will need to be moved. Following their discussion, Elizabeth Perry moved, Terry Davis seconded with all members voting in favor to recommend to the City Council approval of the Interim Use Permit for an 18month term at which time the applicant shall come back to the APrC for review and consideration of options before permit is renewed. WATER RESOURCES UPDATE Items highlighted by Water Resource~~rdinatnr. e~fiIr>X"cI~uded an update on Pond JP-47 noting that the PCA may have a requirement that coul~~clade a addition of analumslorage basin. It was also noted that the City was given a verbal a ~ 6,000 grant for lakeshore restoration at L'eiiTay-~bak~in Moonshine Park. Installation of r5 as'~ gat several lakes and there were many ice fishing participants on B ac° Lake for the on't Break the Ice Fest. ~~ SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. TO: ~ Tom Hedges, City Administrator FROM: Michael G. Dougherty, City Attorney DATE: February 12, 2003 RE: Borchert Lane Councilmember Carlson raised questions with respect to any possible negative impacts of upgrading Borchert Lane as a condition to the issuance of an interim use permit to Peter Lund- Road Equipment Parts Center. The answer is dependent upon the basis for the upgrading of Borchert Lane. If the city establishes that the intended use of the property requires an upgrade to Borchert Lane in order to handle water run-off, traffic, weight loads, utilities etc., the city may condition its approval on the upgrade of the street. Mr. Lund's would then be choosing whether to make use of the property, knowing that the investment in upgrading the road may not be ~' recovered due to the fact that the use is temporary. It can be expected that unless Mr. Lund finds a higher use (better economic return) for the property, an extension to the interim use permit will likely be requested. If independently the city finds a need to upgrade Borchert Lane irrespective of Mr. Lund's use of his property, such determination should not be tied to Mr. Lund's application. The need for safe and convenient access and/or aesthetically pleasing access to the city's park does not form a rational basis for the upgrade of Borchert Lane to accommodate Mr. Lund's intended use. In such event, the city retains its legislative power to improve Borchert Lane and assess the benefiting property. If you have any questions please give me a call. MGD/jep ~~ City of Eagan Advisory Planning Commission Meeting Minutes January 28, 2003 Page 3 IV. PUBLIC HEARINGS A. INTERIM USE PERMIT -ROAD EQUIPMENT PARTS CENTER An Interim Use Permit to allow outdoor storage on Pt of Lot 1, Block 1, Lying in Sec. 11 & 12 Borchert Ingersoll, Inc. ls` Addition, lying west of 3275 Dodd Road in the SE '/4 of Section 11. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated January 23, 2003. She noted the background and history. Applicant Peter Lund asked that the Interim Use Permit expire in 36 months, rather than 18 months as listed in the conditions. He stated preference of condition 8b. He would also like to use the recycled asphalt for the resurfacing material. He explained that many of the neighboring property owners are not required to adhere to the same setbacks. He asked that he not be obligated to landscape the property until the park is completed. Chair Huusko opened the public hearing. There being no public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Chair Huusko asked Staff if the neighboring properties' setbacks were in place before the setback requirement was established in the ordinance. Planner Dudziak stated she is not sure which neighbors the applicant is referring to, however they were most likely in place before the park was established and therefore, evaluated based on the previous industrial zoning of that property. Member Gladhill stated the 18-month term of the interim use is appropriate. He stated once the park is completed, it would no longer be an appropriate use. He stated the number of semi-trailers does not need to be established due to the wording of condition five. He stated approval of the request to use recycled asphalt. He suggested an additional condition requiring an application for a Conditional Use Permit on the adjacent property. He recommended approval with the amended conditions. Chair Huusko stated concern that the outdoor storage limits in the area are not consistent. He stated agreement with Member Gladhill. ~~ City of Eagan Advisory Planning Commission Meeting Minutes January 28, 2003 Page 4 Member Heyl agreed with Member Gladhill except for the recommendation for the additional condition requiring a CUP application on the adjacent property. City Attorney Bob Bauer stated the Interim Use application on the subject site is appropriate. He explained that requiring a Conditional Use Permit application on a separate parcel is not appropriate. He suggested that a maximum number of trailers be established in condition number one. Senior Planner Ridley explained that a City Council member had expressed interest that the Advisory Parks Commission review the request. Member Miller suggested an interim period of 12 months, rather than 18 months as stated in condition number two. Member Heyl moved, Member Bendt seconded a motion to approve an Interim Use Permit to allow outdoor storage on Pt of Lot 1, Block 1, Lying in Sec. 11 & 12 Borchert Ingersoll, Inc. ls` Addition, lying west of 3275 Dodd Road in the SE %< of Section 11 subject to the following conditions as amended: 1. This Interim Use Permit shall allow outside storage of up to 30 semi trailers and/or prefabricated modular storage units. 2. This Interim Use Permit shall terminate on August 4, 2004 (18 months). 3. This Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 4. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The Interim Use Permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 5. The applicant shall submit a revised site plan for trailer storage that incorporates additional setbacks to satisfy City Code requirements and provides aisles between rows of trailers for maneuvering and emergency access. The revised site plan will be subject to review and approval by the Fire MarshaUFire Chief and Planner. 6. The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage areas. Detailed plans for this ~s~ City of Eagan Advisory Planning Commission Meeting Minutes January 28, 2003 Page 5 grading work shall be prepared and signed by a registered professional engineer. 7. The applicant shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City's recently codified land disturbance and erosion control regulations. 8. If recycled asphalt aggregate is used for the outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 9. All parking and storage areas shall be properly maintained to prevent deterioration. Member Steininger stated agreement with the applicant. He explained that the City decided to make a park; therefore the applicant is forced to change his property. He stated preference that the applicant be allowed 36 months as requested rather than the 18 months stated in condition number two. Member Miller explained that with the 18-month allowance, the City would have the opportunity to address screening upon expiration and renewal of the permit. He mentioned that the property has had problems with run off in the past. ChairHuusko stated agreement with Members Heyl and Gladhill. All voted in favor. Motion carried 7-0. ~~ PLANNING REPORT CITY OF EAG.~1V REPORT DATE: January 23, 2003 APPLICANT: Peter Lund, Road Equipment Parts Center CASE: 11-L~1-04-10-0'' HEARIr'G DATE: January 28, 2003 PROPERTY OWNER: Peter Lund REt2UEST: Interim Use Permit APPLICATION DATE: Dec. 18, 2002 PREPARED BY: Pamela Dudziak LOCATION: Southeast of Mike Collins Drive and Borchert Lane COMPREHENSIVE PLAN: IND, Limited Industrial ZONIVG: I-1, Limited Industrial SL'>`I~LaRY OF REQUEST Peter Lund is requesting approval of an Interim Use Permit to allow outdoor storage of semi trailers and prefabricated modular buildings. The subject property is located at the southeast corner of Mike Collins Drive and Borchert Lane in the SE %; of Section 11 and S`V % of Section 1?, le;ally described as Lot 1, Block 1, Borchert-Ingersoll Inc. 15t Addition. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.0, Subdivision 6 states: The Council may issue interim use permits for an interim use of property if: A. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the bulk performance standards of the zoning regulations herein; and B. The date or event that will terminate the use can be identified with certainty; and C. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and D. The user agrees to any conditions that the Council deems appropriate for permission of the use; and ~~ Planning Report -Peter Lund January 28, 2003 Page 2 E. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. 7~ Planning Report -Peter Lund January 28, 2003 Page 3 BACKGROUND/HISTORY The property was platted in 1975. A review of aerial photos show a history of trailer storage on this property dating back to 1985 or earlier, though there is no record of a conditional use permit for such outside storage on this site. The current outside storage on this site is accessory to the business operations on the adjacent property to the east (3275 Dodd Road), which is occupied by Road Equipment Parts Center. Road Equipment Parts Center provides parts and service for commercial vehicles "to maintain to original equipment's standards any commercial vehicle or trailer that their customers may own," and "much of the work involves the brakes and suspensions of trucks and trailers." According to the applicant, "all of the companies that have occupied the building since the late 1970s have had service departments which have worked on commercial vehicles." This site was part of a construction debris landfill during the 1970s. As such, Dakota County Environmental Services requires closure of the site, which involves clean-up of any debris along the edge of the pond, grading, and establishment of acceptable ground cover. Therefore, the proposed site and grading/drainingp1an have been forwarded to Dakota County Environmental Services for review and comment. City staff was made aware of the existing trailer storage in the summer of 2002, when staff was called to the property by Dakota County Environmental Services to discuss closure of the site. EXISTING CONDITIONS The site is currently vacant and relatively flat on the upland areas. Prefabricated modular buildings are currently being stored on the site. The westerly part of the site contains part of a pond with steep slopes along the banks of the pond. To the east is another industrial parcel, occupied by the applicant, Road Equipment Parts Center. The adjacent property to the south is owned by the City and guided P, Park, and development of athletic fields is anticipated to begin on the park site in Spring, 2003. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zonin Land Use Desi nation North Industrial I-1, Limited Industrial IND, Limited Industrial South Vacant P, Park P, Park East Industrial I-,1 Limited Industrial IND, Limited Industrial West Vacant Right-of--way; I-l, Limited Industrial IND, Limited Industrial ~9 Planning Report -Peter Lund January 28, 2003 Page 4 EVALUATION OF REQUEST Compatibility with Surrounding Area -The proposed use appears compatible with the surrounding area in the short term. Aside from the future park, surrounding properties are zoned the same as the subject site, I-l, Limited Industrial. The site is also relatively isolated, visibly exposed only to the adjacent Road Equipment Parts Center, for which the outdoor trailer storage is proposed, and the North Fields park property, which is currently vacant and unimproved. The site is also well-screened from Mike Collins Drive by existing trees azound the pond. As the City makes improvements to North Fields park, however, the compatibility of this interim use with surrounding development should be reevaluated. Construction on the North Fields athletic fields complex is anticipated to begin in 2003, with the expectation that the fields maybe ready for use in the fall of 2004. Site Plan -The proposed site plan shows the relatively flat upland area of the site adjacent to the Borchert Lane right-of--way as trailer storage. Surfacing is proposed to be recycled bituminous aggregate. Grading of the area will be required to direct storm drainage and prepaze the site for the trailer storage. The arrangement of the trailers shown on the site plan maximizes the number of trailers (51), but leaves no access to trailers in the center or west edge of the site. The Fire MazshaUFire Chief has indicated that access must be provided to all of the trailers. In addition, the site plan shows setbacks that are less than required in the I-1 zoning district for outdoor storage. The site plan shows a 20-foot setback from the Borchert Lane right-of--way, and aten-foot setback from the south property line adjacent to park property. Minimum required setbacks are 40 feet and 50 feet respectively. Therefore, the applicant should submit a revised site plan that incorporates additional setbacks to satisfy City Code requirements and provides aisles between rows of trailers for maneuvering and emergency access. The revised site plan will be subject to review and approval by the City Fire MazshaUFire Chief and Planner. Landscaping - No landscaping is proposed at this time. Since this is an interim use and changes are anticipated on the adjacent park property in the near future, landscaping improvements were not proposed. Landscaping can be reviewed after the park and street improvements are implemented, upon application for renewal of this permit. Grading -The existing grades generally slope toward the west side of the site. The applicant is proposing to construct and/ or maintain the storage areas with a recycled asphalt aggregate gravel surface. The applicant is not proposing to construct the perimeter of the outdoor storage areas with concrete curb and gutter. City code requires that all off-street parking and storage areas be surfaced with a material to control dust and drainage, and that the surface shall be properly maintained to prevent deterioration. 8d Planning Report -Peter Lund January 28, 2003 Paee 5 Bituminous asphalt is the most-widely-used surfacing material to accomplish this requirement and is required for off-street parking azeas. There are a number of outdoor storage lots within the City that have been allowed to use recycled bituminous aggregate surfacing for outside storage azeas, generally under conditional use permits. Those permits that have allowed recycled asphalt aggregate have included a condition for a periodic staff review of the condition of the surfacing to determine its adequacy for dust and drainage control. If recycled bituminous aggregate is used, such periodic review should be a condition of approval. If, upon review, the recycled bituminous aggregate surface is determined to be inadequate, the City will require the storage lot to be resurfaced with bituminous asphalt. The applicant should obtain a grading permit from the City prior to the construction of the proposed outdoor storage areas. Detailed plans for this grading work should be prepared and signed by a registered professional engineer. The applicant should be responsible for installing and maintaining erosion control measures in accordance with City engineering and code standards. The development is also subject to the City's recently codified land disturbance and erosion control regulations. Storm Drainage -Storm water runoff from the site will drain overland via a constructed grass Swale to the northwest towazd Pond EP-2. The construction of the Swale is to divert storm drainage away from the existing steep slope, and reduce the further potential erosion of that slope, directly above Pond EP-2. City staff will review the area for any new erosion that the drainage Swale may create. If so, the applicant should implement measures to mitigate that erosion. Wetlands/Water Quality -The site is located in the E-watershed and encompasses part of City Pond EP-2, which is currently classified as a Class V Nutrient Trap, according to the Water Quality Management Plan. Pond EP-2 also is officially designated as Public Water Wetland 19- 136W, which means that certain activities within the ordinary high water mazk aze regulated by the Public Waters Work Permit Program. However, Pond EP-2 has a surface azea of approximately 14 acres, and thus could be considered a lake because of its size. It also contains a sport fishery. Stonmwater from the development site drains to the lake and then northward to the F-watershed, which drains westerly to the Minnesota River via the storm sewer system along Interstate 494. Due to the size of the site, construction of a stormwater treatment pond is impractical. The developer proposes to construct a vegetated Swale along the length of the site to which stormwater will drain and from which runoff will flow to the lake by overland means. Utilities -City sanitary sewer and water main systems aze available within Borchert Lane to the east. However, no connections to the systems are proposed with this application. 8/ Planning Report -Peter Lund January 28, 2003 Paee 6 Access -Access to the site is currently from Borchert Lane, a gravel road within public right-of--way along the east edge the site. Borchert Lane intersects with Mike Collins Drive and also provides access to North Fields, an athletic field complex south of this site being developed by the City Parks and Recreation Department. Tree Preservation - No trees are proposed to be removed with these site improvements. Outdoor Storage - In addition to the requirements for a conditional use permit listed above, City Code Section 11.701ists performance standards for outdoor storage as follows: 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (1-2) zoning districts, the enclosure may be detached from the principal building. No enclosure is proposed at this time. 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. There is no building on the site to establish a front yard, however, the storage area is proposed to be located on the eastern portion of the site adjacent to Borchert Lane. The site plan shows a 20-foot setback to the Borchert Lane right-of--way and a 10-foot setback from the south property line. As mentioned previously, the I-1 zoning district requires that outdoor storage areas be set back a minimum of 40 feet from the public right-of--way and 50 feet from park land. Therefore, these setbacks should be reflected on a revised site plan submitted to the City for staff review and approval prior to release of the Interim Use Permit for recording. 3. The outdoor storage area shall be screened from view from the public right-of-wati• and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The outdoor storage area iswell-screened from Mike Collins Drive by natural trees and vegetation. No screening is provided from Borchert Lane, however, at present Borchert Lane is an unimproved public right-of--way. It is staff s assessment that because Borchert Lane is utilized only by the applicant's two sites and until the athletic fields in North Park are constructed and open to the public, additional screening measures maybe unnecessary for this temporary use. The City could require screening if the interim use permit is renewed once the park property is developed. 4. The storage area shall not interfere with any pedestrian or vehicular movement. There is little or no vehicular or pedestrian movement through the site. However, as noted above, sufficient aisles for maneuvering trailers within the site and for emergency access to all of the trailers should be provided and shown on a revised site plan. 8.2 Planning Report -Peter Lund January 28, 2003 Page 7 5. The storage area shall not take up required parking spaces or landscaping areas. The site is undeveloped and contains no parking or landscaping areas to conflict with the proposed storage area. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The applicant is proposing to surface the storage azea with recycled asphalt aggregate. See the section on Grading earlier in this report. Staff has visited the site and found that outside storage is currently occurring on the site and most of the existing storage consists of prefabricated modulaz buildings designed to be transported over the road. While the outdoor storage can be accommodated through this Interim Use Permit, continued outdoor storage is a violation of the City's zoning ordinance until the plan and site improvements are implemented in full. Therefore, any trailers currently on the site, whether truck trailers or temporary buildings, should be removed immediately, and maybe reestablished on the site only after the required grading and site improvements have been completed. The applicant has been made aware of this, and has indicated that the trailers will be removed upon City approval of a plan, so that the grading can be done. SU MIVIARY/CONCLUSION Peter Lund is requesting approval of an Interim Use Permit to allow outdoor storage of semi trailers on property legally described as Lot 1, Block 1, Borchert-Ingersoll Inc. ls` Addition. The subject site is located at the southeast corner of Mike Collins Drive and Borchert Lane. A revised site plan that show increased setbacks and provides access aisles between rows of trailers must be provided. The applicant is proposing to surface the storage lot with recycled bituminous aggregate rather than bituminous asphalt. No curbing,, fences, or landscaping is proposed at this time. We have not yet received comments from Dakota County Environmental Services regazding the acceptability of the proposed plans for grading, drainage and ground cover as it pertains to their standazds for site closure. We hope to have such comments prior to the City Council meeting. With the adjacent North Fields park anticipated to be operational in the Fall of 2004, staff suggests an 18-month tenor for this Interim Use Permit. The interim use permit should specify the number of trailers that will be allowed to be stored on the site. It is difficult to identify at this time how many trailers can be accommodated on the site once the setbacks have been increased and the necessary access aisles provided. Once a revised site plan that is acceptable to the Fire Mazshal/Fire Chief has been submitted, the maximum number of trailers will be included in the specifications of the interim use permit. ACTION TO BE CONSIDERED To recommend approval of an Interim Use Permit to allow outdoor storage of semi trailers and prefabricated modular buildings on Lot 1, Block 1, Borchert-Ingersoll Inc. 15L Addition, in the SE '/4 of Section 11 and SW %4 of Section 12. g~ Planning Report -Peter Lund January 28, 2003 Page 8 1. This Interim Use Permit shall allow outside storage of semi trailers and/or prefabricated modular buildings. 2. This Interim Use Permit shall terminate on August 4, 2004 (18 months). 3. This Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 4. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The Interim Use Permit maybe revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 5. The applicant shall submit a revised site plan for trailer storage that incorporates additional setbacks to satisfy City Code requirements and provides aisles between rows of trailers -for maneuvering and emergency access. The revised site plan will be subject to review and approval by the Fire MarshaUFire Chief and Planner. 6. The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage areas. Detailed plans for this grading work shall be prepared and signed by a registered professional engineer. 7. The applicant shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City's recently codified land disturbance and erosion control regulations. 8a. The proposed outdoor storage areas shall be surfaced with bituminous asphalt. OR 8b. If recycled asphalt aggregate is used for the outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 9. All parking and storage areas shall be properly maintained to prevent deterioration. $Y a Esyan Bounttary L ocation Map ~P~ ~~ "M Building Footprfttt ~~ e ~ i ~ .~ ~ ~ ~~ ~ \ "'~ . v '~ ~., khEry y] ~ ''~~ ~ j .- 1 ~ ~ I ~ ~ ® ' r ~ ~ ~ ~ . ~ ~ • ~ _ • _~ a ~ ~~ ~4 :.~ . ;, .. M ~ 1 ~ ° . ~ ~" o ~ •m ~' i K. . A ~ ® ~ ~ ' 4 ~ ~ -~.=. ~, ;~ ---•-~ ~-~ ' 9~. ' Sub ect Site * # ~"~~-- ~~ ~, ~ ~ €- ~.~. ~ ~ - ~mv, _ ~ „ ~ ,~ ® ® R- ® i=J ,i i . o ~ g ri~~o ,y ^a i Oe O fII ~ O r `j ~~7 r ~ 3; ~ 7 ~- e 7 • : R t%~ 7 0 a o ~~ °- F/ ~l aao 3 ~I ~ ~ s ~ / ~ , 9 ~ ® -ay -~ i ~.. ~ - ~ 0 r ~ 0 ~ J ^ ~ . . ,~ , u s , ~ , ,_,._~ ~, ~ a ~ ~ e ~ ® ~*^' ~ } ~ ~- ` ... .t=om ~ t ~ .~'`~ ~ ® ~®® 1000 0 1000 2000 Feet Development/Developer: Peter D. Lund Application: Condi tional Use Per +„ Case No.: 11-IN-0410-02 ~ CDC Map Vnpend wkq ERSI AreVfwv 7.1. P.n:N ar m.p dab pnaWd.d by hkoo CoutMy tend Survey Gp.Itrtrnt.rt0 4 eurt.nt ~. Of M.tM IOOt N W 1: City of Eagan M 1 N N E S 0 T 4 Tho Ctty of Eaga TH13 MAP 13 INTENDED FOR REFERENCE USE ONLY n end Dakota Courtly do Mot gwnntN tM Meeuncy tN this IMftxmtNleM and Mn S eemin.~rty Dw.re}c..nr M~~nt not nsponelblo for orron M ornleslons. Current Zoning and Comprehensive Guide Plan Land Use Map Zoning Map Current Zoning: r-1 Limited Industrial 1 1 soo D oos law r•.t Comprehensive Guide Plan Land Use Map Current Land Use Designation: IND Limited Industrial Peter Lund Case No. 11-1 N-0410-02 u 1 1 ro w M rt H w ro n • a 41 •~'I~NO .1 ro F1 IA ,, R., S • RJ M Lt t 41 47 M R•t ~ Location 2 # ro t -1 H1 . rD t = ro 41 ro ~o•""-~...w IND ` INO I IND ~ ~,(~ ~ u ~\'J~ RC ~"~ n "-•... <r ~D RC IND •~7 ~~ ~• MO IND IND '"° • Location ~ INO Iwo Di0 wD ~/~ wo • wo uw r.a -Yea D.. NN.• Dy D.Reu ewwry ISM sw...y o.a..uw.wt R.De.wls.. aooz Z.Mw~ InLwnRtl.n IndntaMN •y Glry full. City of Eagan N' E Z• THIS MAP IS INTENDED FOR REFERlNCE US! ONLY Community Development Department The City of lagan and Dakota County do not guarantaa the accuracy of this information. 5 F GS o I ~ ~~' ~ ~ ~ ~ 1 ~ -~~ I,;, r ~ ,1' < ~jr ~ ~ I ~ o ~ ~~ ~~ o ~ ~~ yl~ ~ ~) ~ I ~ I ~ w ~~m., .r !~~! ~~~~ I~~~ Ili ~ l 'I ~ 1~'i < !. 1 a~l ~ i~~ri ~ © 1~IH'Id rJ1~IIQH2IrJ/3.LIS --• _; ;. ,-: :.. •-J ~,. ,-. ,_ ._J 1 1 . ~~ ~iJ .r. _~ ~ F.• ~~ i ~__ ,% ~: X/ ~\ ` \`~. F pyy L y~1*~ Z i__ • ~~ /\• yi •J~ ~~ \I 1~1 •\ lLJ "~ ~~ _T- /~/\ .L. I ~aI ~~~ •a• ~ 1 /~` ~. / J~ - .., ,.~~- ~~' ~:.~!' ~~~ ~f ~~~ r ~/ ~/ _ e'N / i i ` y ~' ~' ~ `~ ~\ ,\ ~~J ~~1 .~ _ /' ,~ c ! '' ~~' .* `~ ,:~ `~ .. ~a ~, ~.p~~ / ' ! ~ 1 1 ! . ~ r~ a / ~' (050) ~~ ` ~ X11 -- • _J ~/ %~' -..p~sLrstf :~ ~,b, ice. -- ~` :~` ~ _~ - ; % l r t ~ ' ~ % ~ ~r ;~ ~ ., -: .\ I ~, '~/ 1 1 j ' b ~/ l1J i 1 ~ i! i { ~t~'pd~ ,r~ ~~ , i.. i df" E wG ~,,.s ~ ,.; l \\\ ~~.~ `~` i ~ ~ i .\ , ~, ` ~ i ~~~ - --- ~~ ~ ~ ~J ROAD EQUIPMENT PARTS CENTER ROAD EQUIPMENT SERVICE CENTER The company that leases property at 3275 Dodd Road is Project Clarke, LLC. d.b.a. Road Equipment Parts Center. This company was formed in February of this year and bought the assets and assumed the leases of Transportation Components Co. which was one of 18 companies owned by the Houston, TX based TransComUSA. TransComUSA was in chapter 11 bankruptcy when this transaction took place. The property has been owned for industrial purposes by two owners, Borchert-Ingersoll (a distributor and service center for GM Terex heavy construction equipment) and Peter D Lund. Mr. Lund was the sole stockholder in Transportation Components Co. before it was merged in to TransComUSA. Transportation Components and TransComUSA has always operated a parts distribution warehouse and a service center on this site since 1994. All the companies that have occupied this building since late in the 1970's have had service departments which has worked on commercial vehicles. The campeny today does service work for over 90 local and national companies. The scope of the work is to maintain to original equipment's standards any commercial vehicle or trailer that their customers may own. Much of the work involves the brakes and suspensions of trucks and trailers. The customers shuttle various vehicles to this property for maintenance work. Most often the vehicles are scheduled for work and are dropped a few days before the scheduled work and picked up a few days after the work is completed. At most times there are between 10 and 15 power units (truck-tractors) and 50 to 60 trailers in the yard. The main activity is between 6:OOam and 10:OOpm Monday through Friday. The company is also open for business on Saturday but on a shortened schedule. 88 ,~ Agenda Information Memo April 1, 2003 B. CONTRACT 03-09. COACHMAN WATER TREATMENT PLANT (EXPANSION & MODIFICATION) ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 03-09 (Coachman Rd. Water Treatment Plant, Expansion & Modification) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, May 22, 2003. FACTS: • In March of 2002, the Council authorized the initiation of a process to construct the long planned 3rd and final phase of the community's drinking Water Treatment Plant (WTP) by expanding the existing Coachman Rd. facility. The Staff solicited and interviewed several consulting engineering firms to perform the design and construction/contract management aspect of this project. As a result of that process, the Council authorized the firm of SEH to proceed. • A schedule was established that provided for Preliminary Design Reports (PDR) to be prepared and presented to the Council at the 30%, 60% and 90% stages for review. Presentations were made to the Council on November 26, 2002 (30%) and again on January 21 (60%) including architectural drawings and Virtual Reality Images (VRI). The 90%PDR was forwarded to the Council on Mazch 21. • Informational neighborhood meetings have been held with all adjacent and potentially affected property owners to present and review the design and construction process. To date, there have been no comments or concerns expressed. • The staff has been negotiating with Blue Cross Blue Shield to acquire 3.37 ac of land adjacent to this project to accommodate the ultimate expansion needs for the overall Central Maintenance Facility. On March 4, the Council authorized the acquisition of this property through eminent domain, if necessary. Recent meetings with BCBS has resulted an acceptable framework agreement for transferring this property to the City in exchange for the City constructing an access road to their property under this contract. • Public Works staff anticipates that all necessary permits, including MN Health Department and Wetland Conservation Act, for the expansion of the water treatment facility and all associated construction will be received prior to the scheduled bid opening date. • The final plans and specifications have now been completed and are being presented to the Council for approval and authorization to advertise for competitive bids. The proposed schedule would provide for a construction start in July 2003 with substantial completion in May, 2005. Ff9 Agenda Information Ivlemo April 1, 2003, Eagan City Council Meeting VII. NEW BUSINESS A. INTERIM USE PERMIT -BEAUTIFUL SAVIOR LUTHERAN CHURCH ACTIONS TO BE CONSIDERED: To approve an Interim Use Permit to allow temporary outdoor storage and use of Recreational Vehicles in the church parking lot located at 4150 Pilot Knob Road; subject to the conditions listed in the Advisory Planning Commission minutes. FACTS: • Builders for Christ volunteer organization will be building an addition to Beautiful Savior Lutheran Church upon approval of the IUP, the organization consists of retired people with an average age of 65. • The volunteers travel by Recreational Vehicle and it is typical for the church to provide parking space for the RV's. • The applicant proposes to have 10-12 RVs parked on site to accommodate the volunteers. • Water, septic and electrical connections will be provided by the church. • The RV's are expected to arrive in June and leave by September 15, 2003. • The applicant proposed two parking options, option one is more favorable due to the location in the parking lot and is further away from Pilot Knob Road than option two. ISSUES: • The APC amended a condition to include the applicant to work with planning staff on locating the recreational vehicles on the south side of the site. ATTACHMENTS (3): Advisory Planning Commission Minutes page through Two a-mails from concerned residents pages through Planning Report pages~through1Qd 9~ MINUTES OF A REGULAR MEETING OF THE ~ ~ ~• EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA March 25, 2003 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, March 25, 2003 at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Huusko, Members Steininger, Heyl, Hansen, Bendt, Gladhill, Miller, and Leeder. Also present were Senior Planner Mike Ridley, Planner Pam Dudziak, Planner Sheila O'Bryan, City Attorney Bob Bauer, and Recording Secretary Camille Worley. AGENDA Chair Huusko announced the continuation of item IIIE. Member Steininger moved, Member Heyl seconded a motion to adopt the Agenda. All voted in favor. Motion carried 7-0. February 25, 2003 ADVISORY PLANNING COMMISSION MEETING MINUTES Member Miller clarified that the Advisory Planning Commission meeting was held on the 25`x' of February, rather than the 18`". Member Heyl moved, Member Bendt seconded a motion to approve the February 25, 2003 Advisory Planning Commission meeting minutes as amended. All voted in favor. Motion carried 7-0. III. PUBLIC HEARINGS A. INTERIM USE PERMIT -BEAUTIFUL SAVIOR LUTHERAN CHURCH An Interim Use Permit to allow the temporary outdoor storage of RV's on Lot 1, Block 1, Beautiful Savior Lutheran Church, located at 4150 Pilot Knob Road in the SW '/4 of Section 22. Planner O'Bryan introduced this item and highlighted the information presented in the City Staff report dated March 10, 2003. She noted background, history and two emails received from residents. Darrell Isebrand, of Beautiful Savior Lutheran Church, thanked Planner O'Bryan for her work with the item. He stated a maximum often RV's would be onsite from June through September. He stated there would be 20 parking stalls used out of approximately 50 total spaces on the property. He stated adequate parking would be available for church members. He explained that workers are onsite for various amounts of time and that some workers may go home for weekends. In regard to sanitary sewer, he explained that the trailers could be pumped individually once per week, rather than using the City's sewer system. He stated a pedestal would be used to supply electricity. 9/ Qi2AFT Chair Huusko opened the public hearing. A resident asked if the trailers or RV's would be traveling in and out of the parking lot. Mr. Isebrand explained that most workers would not work the entire construction period, most volunteer for a certain length of time. There being no further public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Member Miller asked what type of trailers would be present. He asked for a specific RV location on the lot. Mr. Isebrand explained that both RV's and trailers would be present, along with a few cars. He stated the vehicles would be kept closer to the utilities, rather than the south side of church. Member Heyl asked if any children would be present; the plan to dispose of garbage, and if bonfires would be made. She asked if Staff is concerned with the additional sewage from the RV's and trailers. In response to commission questions, Mr. Isebrand stated there would not be children present, only workers. He explained that the church would take care of the garbage. He stated that while recreational fires are allowed in Eagan, he does not anticipate any bonfires and that he could prohibit same. He further stated that the Met Council was contacted and he was informed there would be no fee for hooking up to the City's sanitary system. Member Steininger stated he is in favor of approval because all of the concerns have been addressed and the plan looks good. Member Miller stated his preference that the RV's be placed against the berm. Member Leeder asked how many workers would be present on the site at one time. Mr. Isebrand stated there would be a maximum of two people per trailer present on the property at one time. Chair Huusko asked if the workers are generally retired. Mr. Isebrand stated the workers are an average of 65 years of age. Member Miller moved, Member Steininger seconded a motion to approve an Interim Use Permit to allow the temporary outdoor storage of RV's on Lot 1, Block 1, Beautiful Savior Lutheran Church, located at 4150 Pilot Knob Road in the SW '/< of Section 22 subject to the following conditions as amended: 1. This Interim Use Permit shall allow outdoor storage of up to 12 recreational vehicles. 9~ D?AFT The Interim Use Permit shall terminate on September 15, 2003 (6 months). The RV storage shall occur in the parking lot area closest to the west and south sides of the existing church. Church shall work with Planning staff regarding feasibility of parking against berm until parking lot is expanded. 4. The interim use permit shall be subject to an administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity,to be heard. 5. Water, sewer and electrical connections must be approved by the City prior to connection. 6. The church shall provide an on-site parking plan illustrating how parking needs will be addressed on-site during construction. The IUP shall be recorded at Dakota County prior to issuance of any building permit or outdoor storage occurring. All voted in favor. Motion carried 7-0. ~~ Page 1 of 1 Sheila O'Bryan From: gordon hess [drgordo@attbi.comj Sent: Monday, March 24, 2003 8:00 PM To: citycouncil@ci.eagan.mn.us Cc: so'bryan@cityofeagan.com Subject: Beautiful Savior Lutheran Church Permit It is my understanding Beautiful Savior Lutheran Church will be expanding their church this summer and, doing so with the willing help of private individuals. This is a wonderful thing to do. Unfortunately, it is also my understanding that these individuals will be housed in 10-12 RVs during the entire time 3-4 months that they are building the church -- and housed right on location. I realize that this can be very convenient, but believe that the council needs to keep in mind some key points. 1. First off, if this was for 1-2 weeks, there might be different feelings. But, with 3-4 months there are far too many additional things to keep in mind. 2. Do we have any idea of how many individuals are in each RV that comes -- there could be anywhere from 2-8 people per RV -- let alone any children that might accompany parents or coming along to help. 3. There are several campgrounds close by that have the capacity and facilities to handle this many RVs. Not only for sanitary reasons, but for noise control, during the day and evening. Remember, even TVs and Radios during the summer are loud when windows are open. Also, are you positive that they will not want to have a campfire or BBQ in the evening, which brings additional hazards. 4. Who will handle their garbage or "police" the additional group to the neighborhood. 5. Who knows the background of the individuals -- there are many small children in the neighborhood and we need to watch out for them. 6. Besides each RV, usually they tow an additional vehicle in order to do various errands. This, too, will take up additional space and additional traffic right in that corner. Many local churches also participate in going to other states to help build churches, schools, etc. But instead of staying at the property, they are brought into the homes of local citizens, who can also provide additional comfort, or put into dorm type settings. I believe that the Planning Commission needs to re-look at this permit and give it further study before blindly accepting the permit because it has to do with the church. Sincerely PAL -local neighborhood member 03/25/2003 95~ Sheila O'Bryan From: pugsly1231 @attbi.com Sent: Monday, March 24, 200310:24 PM To: so'bryan@cityofeagan.com Subject: Beautiful Savior Dear Sheila, I am writing to address my concerns about the 'variance' for allowing the 10-12 RVs to park in the Beutiful Savior Lutheran Church parking lot this summer...3 months. Will tney be in the parking lot or on the street? The parking lot is not very large for the RVs, church parking and then the expansion. 1. Waste disposal 2. Setting up transient housing in an established neighborhood. Why would the city allow such a thing? 3. what is the history of problems with the law in past locations for this group? 4. Do you know if there are any pedophiles or people with criminal backgrounds working on this project who will now be living in this transient housing? 5. Why cannot these people park in the Camp Sacajawa (spelling wrong) facility in Apple Valley where there are established RV sites and then commute to this build site? I think it is great that the church can get a group of volunteers to build their addition, however, why do they have to live on the church premises? They should look at other alternatives, parishioners houses, established RV camp sites in the area, etc. JMM Blueberry Lane PLANNING REPORT CITY OF EAGAN REPORT DATE: March 10, 2003 CASE: 22-IN-01-02-03 APPLICANT: Beautiful Savior Lutheran Church HEARING DATE: March 25, 2003 PROPERTY OWNER: Jefry Sutton REQUEST: Interim Use Permit APPLICATION DATE: February 19, 2003 PREPARED BY: Sheila O'Bryan LOCATION: 4150 Pilot Knob Road COMPREHENSIVE PLAN: QP, Public/Quasi Public ZONING: PF, Public Facility SUMMARY OF REQUEST The applicant is requesting approval of an Interim Use Permit to allow temporary outdoor storage and use of recreational vehicles in the church parking lot, located at 4150 Pilot Knob Road. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50 Subdivision 6 states: The Council may issue interim use permits for an interim use of property if: A. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the bulk and performance standards of the zoning regulations herein; B. The date or event that will terminate the use can be identified with certainty; C. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and D. The user agrees to any conditions that the Council deems appropriate for permission of the use; and E. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. ?6 Planning Report -Beautiful Savior Lutheran Church March 25, 2003 Paee 2 Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY Beautiful Savior Lutheran Church was constructed in 1986, due to growth the church is seeking to expand. The applicant has decided to work with Builders for Christ on an addition to the church. Builders for Christ is a lay organization of the Wisconsin Ev. Lutheran Synod (WELS). Builders for Christ was founded in 1990 to assist mission and smaller churches in construction projects. The majority of the volunteers are retired and average over 65 years in age. Most of 97 Planning Report -Beautiful Savior Lutheran Church March 25, 2003 Page 3 the volunteers travel by recreational vehicle; the church typically provides space for the RV's. This is usually done on site, providing electrical, water and septic hook ups. EXISTING CONDITIONS There is an existing 3,060 square foot church with about 50 parking stalls on site. The property consists of about 2.5 acres. The property is bordered by Pilot Knob Road to the west, Berry Ridge Road to the north, Hilltop Lane to the east and commercial property to the south. Access is from Berry Ridge Road. The existing church is located in the center of the lot more towards the north end. There is some vegetation along Pilot Knob Road that provides minimal screening of the parking area. 1 : I ~, ~y, '. ~ , , , , ~'~:. -~';V~ F ~ `;>.: ~~_ -;C -- T,~-7- -,~., Yiew from Y~lot Knob Koad SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subiect nronertv: Existing Use Zoning Land Use Desi nation North Multiple-family R-3, Residential MD, Medium Density dwellin s Townhouse district (4-12 units/acre) South Retail NB, Neighborhood RC, Retail Business Commercial East Single-family R-1, Residential LD, Low Density dwellin s Sin le-Famil (0-4 units/acre) West Pilot Knob Road Right - of -way Right - of -way 9~" Planning Report -Beautiful Savior Lutheran Church March 25, 2003 EVALUATION OF REQUEST Compatibility with Surrounding Area The applicant is requesting parking for recreational vehicles for a limited time. The RVs will be parked in existing parking spaces west of the church. The surrounding uses are compiled of a variety of uses. Considering the Interim Use request is for a six month period it is difficult to determine the compatibility with the surrounding uses. However, staff has concerns regarding over-flow parking for events during construction. Site Plan Two options have been presented in the application for the location of the RV storage. Both options locate the RVs on the west side of the church and occupy about 20 parking stalls. Because of the size of the RVs, two parking stalls will be used for each RV; they anticipate having 10-12 RVs stored. Option one locates the RVs parked closest to the church, in the inner parking area. The second option displays the RVs on the outside parking area away from the church. Because of location the second option would cause the electrical and water lines to cross the parking lot the first . option would not. The first option is more favorable because it is further from Pilot Knob Road, water, sewer, and electrical lines are easily accessible. Landscaping For the purpose of this Interim Use Permit no additional landscaping is required. However, the future addition of the church equals more than a 10% increase in building size and, therefore, with the building permit. Tree Preservation If there are tree preservation issues related to the church addition, it will be addressed at the time of building permit application. En ineering All Engineering issues will be handled with the building permit process. SUMMARY/CONCLUSION Beautiful Savior Lutheran Church is requesting approval of an interim use permit to park and store recreational vehicles in the parking lot on a temporary basis. The church is working with Builders for Christ on construction of an addition to the church. The participants travel by recreational vehicle and need somewhere to park and store their vehicles while working. Typically the participating church provides parking for the volunteers on-site as well as water, sewer and electrical connections. Staff has added a condition relating to on-site parking during construction. 9y' Planning Report -Beautiful Savior Lutheran Church March 25, 2003 Page 5 ACTION TO BE CONSIDERED To recommend approval of an interim use permit to park, store, and occupy recreational vehicles in the parking lot at 4150 Pilot Knob Road; Beautiful Savior Lutheran Church. 1. This Interim Use Permit shall allow outdoor storage of up to12 recreational vehicles. 2. The Interim Use Permit shall terminate on September 15, 2003 (6 months). 3. The RV storage shall occur in the parking lot area closest to the west and south sides of the existing church. 4. The interim use permit shall be subject to an administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 5. Water, sewer and electrical connections must be approved by the City prior to connection. 6. The church shall provide an on-site parking plan illustrating how parking needs will be addressed on-site during construction. 7. The NP shall be recorded at Dakota County prior to issuance of any building permit or outdoor storage occurring. /orb ~ ~ lean Stwnt]ary .M ~;~ ;~ N N Location Map sulldlny YootprlrM l - `+e~. - ~ ~ ~~ ~ o ~ a ~ ~ o ~ ~ ~`~ a a~ ~~ . O :/ ~ J ~ ~ ~ • , ~ ~ r ~ ~ Sub ect Site ~ ~ s a Q• a o i e y ~ n~ ~ ~ ~ 7 ~ ) 8 .j ~ 6~ - ~ ' ~ ~ D ~ ~ ~ ~ 3 . .3 ~ ~ : '.~ . ,~ 8 - ;! J ~ a o ,,, ' 7 "a'~ ^a ? c q ~ ~ F, ;} , ~~rd. ~ ~ 9 a ~ ~ > - > ~ 7 0 ~ O ~ :~ ° ~. ~ ° 7 0 a 5 ~ 3 ~ ~ a ~ . ~ ~ a ~ 7 a ~ ~ ~ ~, _ ~ ~ ~ ~ ~ a ~ a ~ ~ ® ® S1 7 0 0 8 O ~ J =3 '~ ., a ® ® ®® ® ® _ J:? 0 00 3 0 ® ® > - 7 7 ®®~ ® ® ao" >> ~ ~ ;a ") ~ ~6 d ~ ~ ~ ~ ~ ~ a~~ Q a •~ ~ 1 ~ 4 66 J ~ ® ~ ~ 3 ~ d o0 ® ®® 9 4 0o q ~ ®®~ ®®® ®®® >,~~o ' 9 a g 0 ',~ m ~ ~ a 4 1 ~ • ~ s ~~ ~s3 ~ ate. ~ g 0 ~ ~,~ ~ ~ ~ e y ~ . 1000 0 1000 2000 feet Development/Developer. Beautiful Savior Luthera hurch Application: Interim Use Permit Case No.: 22-IN-01-02-03 /Q Mao Pnpand uslrq ERSI Mcvhw ].1. Parul dN rtup OsU Prwldad ty Oakou Cwny land SurvaY Dapartrtwnt and is cumnt as tN S~ptambar 2002. N F n art t ~. TMIE MAY Is INTENDED YOR REFERENCE USE ONLY W E Cl C C v 9 Th• Clty of Eagan end Dakota County d° not yuarant~• the accuracy of this In}ortnatlon and a~~ 5 C:emrnriwy e~.roPn«~t D~Partrswt not rt-spoesiAl• for •rton er omisslous. _ .,.+:~F - °~ ~ ~,~ . - _ . - -_ ~ FOR CI~tIST _ .~. Y , .~..~ . - - _ ~-~ 2401 N. Mayleir Rd..Suite 204 Weuwatose; WI 53226 _. _ _ - -`^'_ _;^.'~ - ~` _ - ~ (414) 771.6848 OR 1.800-468-9357 ~ _ - '•• ~ ::., -:'r December 5, 2002 To Whom It May Concern: The Building Committee, Beautiful Savior Lutheran, 4150 Pilot Knob Rd, asked that I write you about obtaining permission for RVs to be located on their property during the construction of an addition to their present building. Builders For Christ is a lay organization of the Wisconsin Ev. Lutheran Synod (WELS). We were founded in 1990 to assist mission and smaller churches of the WELS in construction projects. Since 1990 we have completed over 60 projects throughout the United States, Africa, Japan, and Antigua. Some of the locations in the USA have been Houston, TX; Deltona, FL; Tulsa, OK: Chicago, IL; Cottage Grove, MN; Andover, MN; Maple Grove, MN; Elk River, MN and Hudson, WI. The majority of our volunteers are retired. Our average age is 65. Because most of our people travel by RVs, the congregation is obligated to provide a space for the RV. In all but a few of the past projects, this done right on site. We set up the campground and remove it at the completion of the project. Depending on the set up we plan on having around 10-12 campers on the site. The electrical hookup would be done by a local electrical contractor. Septic is provided through connection to the present facility or a temporary septic tank or weekly pumping of RV's. Electorial and water hookups are done from the present facility. Our stay at the project would be about three months. ~o~ WELS Kingdom Workers Z. J R _ .. r... ": _ .. V' "~~~ ~ - '~ ~ sy?Oa• _ ' Mme' ~ ---"~'T~-- ~ r ~ ~ i~s~~a _ ~ • n+.'!~.'~~~ -~- c. .i. .~~~' ~`~ )~'~ ~~~!:~ti.. ' .rte _. _. .. 2401 N. NQlyfeif Y 204. Y11HUWatO~a. W153226 .. :_ -_ _ '~ r'.:,' (414Z'771~6848OR t-800-466.9357 .. - ~ .- . . I have enclosed pictures of some of our campsites. As you can see the RVs are nice. There are no tents etc. We have never had any complaints or problems at sites we have been at. We are looking forward to working with you and being part of your community for a short period of time. If there are any questions please feel free to contact me at 1-800-466-9357. Building to His Glory, m ~~ '- l Dale Mueller, Director Builders For Christ /D~ WELS Kingdom Workers 3, Builders For Christ Campsite Setup ~.' ~~ ,: l ~~ I V4 4 .`~ - .. ~.... .{~f^ M~ . ' ~~, r ..~41 t ,.~~r, ''`',,Yr Y ~~~ ~ ,~`q'~~ j .R p'`,' ..n . T, ~ ~~~, f ~A /~ /D ~f /os Typical Builders For Christ RV Builders For Christ RV Campsites "' ~ j ~ - - ' ~ ' e ------------------------ I V ZO -- S- ---~^~ - :v ~__-- I i ENO^, o=~~~IY ' I -- h- e ! I --~ Rte---- - _ ___ ..~_ 3 i I~; I I i I ~' I e ~ ~ I t d ~ ~ w I 'i I i 1 ' ` ~ ~n t ---- -+~ ` \! I i'. ~ ~ it ~ ~~ i~Ei ~~ ~ ~i~ ~ i ~ ~~ [~! ~ ' Z o a t J A I i ~ N u ? ~% I ~ o- I ~~ S~ ~ V ~ I _ -e ! ~ ~ I 1+ ".~ °~ i I r y I f $ a ~ am .. } $.~. ~ 's ~ ( g ~ ~ N : V '" e J _ ~ ~ I - ^ ~ 3 ; y ~ J~ ..f = 1 _ ~ 1~- k + ~ ot.fy J~y~ is+~ /~ A ] ^ [i a 2 1 zz ~ -~ y ~ o ~, (~1~~ ~ s 3 ~ ~ .o a ~ ff E :t 3 3 I r ~ Cn Y v m~ ., ' ~ - ' - _ -t' [? ~ ~ ~e~-. ~ 1 I J~ ~ ` ~a i~~rpr~ E. ~-c 3 p r ~~ ~~+ F~e Z ~ a ~ L ,', ~~ ~ ~ 5 +s s$ p ~ ` ~i. ~ ~ ~ ~ ~ ~a - ~ I E ~e a it = -~ I y ~ ~ - ; yp ~, ^ ~q M~ J~ +~ 3 ~ 1~ n ~ i ~2 J:~• v'^ ~~ V ~ _ ~+ _ L ~~ 3w 2.__..4 _... I._ ~ ~ •p ~ ~^n~ r O 1 'i i i __V. . ~ ~ 0 ^ i ~ ~ f _~~ 3 ^ ~ )Irr J , b ~ ~ i~.~ ~: 8 Rzi rF~ Y ~r ~ ~ e r ~ ~ ~ i ~' ~ a " a ~FF:~~~ I lu 2z 3~ ~ r, >~'~ur~~t~, p wg ~ ~ ~y~ ~~r ' i ~ ~ ~ < _ 1_ ~ '' -_ •~00£ -- /~ G- Agenda Information Memo April 1, 2003 Eagan City Council B. PLANNED DEVELOPMENT AMENDMENT -CORNERSTONE SELF- STORAGE ACTION TO BE CONSIDERED: To approve a Planned Development Amendment to allow outdoor storage of rental vehicles on property located at 3495 Denmark Avenue in the NW '/4 of Section 15, subject to the conditions in the staff report. OR To deny a Planned Development Amendment to allow outdoor storage of rental vehicles on property located at 3495 Denmark Avenue in the NW '/4 of Section 15. FACTS: • The applicant has submitted a letter requesting that this item be continued to the April 15, 2003 City Council meeting. ATTACHMENTS (1): Letter from applicant, page /o ~ 612 546 5154 MAR-16-03 09:18 PM SHELDON BAD2IN 612 346 3134 Mayflower Town Centre Properties 13033 Ridgedale Drive, Suite 131 Minnetonka, MN 55305 City of Eagan 03/l 5/03 3830 Pilot Knob Road Eagan, MN SS l 22 . Attention: Pam Dudziak Rey Cornerstone Scif-Storage 3495 Denmark Avcnuc Eagan, MN SS 123 Dear Ms. Dudziak, I am requesting that the city council meeting that will be considering my request be on the April ] 5, 2003 agenda rather than April 1, 2003. I will be out of town on the first and feel that it is necessary that I attend the meeting. After further consideration and review of the property after our meeting this past Friday, I must revise the proposed area that I am requesting the city's consideration to park the Budget trucks. The area within the property that we were going to propose parking the two 24' trucks will not work due to the curb line and therefore would not allow enough re>om for a fire lane. Therefore I must go back to my initial thought that they be parked at the end of the frontage road area beyond our parking. They would fit very nicely in this area. 1 understand that if this requested area is approved, I may in the future have to forego this space if the frontage road is continued into the adjoining property. The balance of the trucks would go where you and I designated in the current parking area. Pam, thank you again for your help and consideration as this request is very important to our business. V your , ~ -~. ~ 1 B i n, own hfayflower T wn Centre P operties O) 952-886-73 7 C)612-382-0138 P. 01 /o~' Agenda Information Memo April 1, 2003, Eagan City Council C. PLANNED DEVELOPMENT AMENDMENT -BOO DOO SIGNS (HOLLYWOOD VIDEO) ACTION TO BE CONSIDERED: To approve a Planned Development Amendment to increase the allowable building signage on the retail building located at 2020 Cliff Road, legally described as Lot 2, Block 1, Hadler Park, in the NE '/< of Section 31, subject to the conditions in the staff report. OR To deny a Planned Development Amendment to increase the allowable building signage on the retail building located at 2020 Cliff Road, legally described as Lot 2, Block 1, Hadler Park, in the NE '/4 of Section 31. FACTS: • Hadler Park was platted in 1992 and the Walgreen's was constructed on Lot 3. • In 2002, amendments and Final Planned Developments were approved that allowed a Class II restaurant with adrive-through facility on Lot 1, and retail uses on both Lots 1 and 2. The Final PD Agreements for both lots included building elevation signage plans. • .The applicant is proposing to change the wall sign location and increase the total wall sign area. • Since the tenant was unknown at the time of Final PD approval, a generic sign area was identified on the plans. The approved sign space does not accommodate the Hollywood Video sign with its mountain range and spotlight rays. • The proposed signage is consistent with typical City Code standards in number and in sign area; however, the proposed signage represents a significant departure in percentage and design from the existing signage on the retail building on Lot 1. • The Advisory Planning Commission held a public hearing on March 25, 2003, and recommended denial of the Planned Development Amendment. ISSUES: • The stated reasons for the APC's recommendation of denial include maintaining the original sign plan, and consistency with signage on adjacent buildings. • The applicant has submitted a letter in response to the issues raised during the APC meeting. The letter indicates that the tenants in the building on Lot 1 have signage on a monument- stylepylon sign in addition to the 8.5% sign area on the building, and suggests that Hollywood Video would be willing to eliminate the pylon sign from this site in exchange for the larger building signage proposed. • The letter also states that the allowed sign area creates an undue hardship for Hollywood Video in that its wall sign area is more restricted than the Walgreen's or Blockbuster Video two other single-tenant buildings in close proximity to this site. /09 The Walgreen's signs tota1253.3 sq. ft. and occupy 12% of the north (front) elevation, and about 9% of the east (side) elevation. The Blockbuster Video sign is 85 sq. ft. in area (includes only the message area on blue awning) and occupies about 3% of the south (front) elevation on Cliff Road and about 6% of the west (side) elevation. ATTACHMENTS (3): March 25, 2003, APC Minutes, pages k Staff report, pages ~ through Letter from Gregg Gallus representing Hollywood Video, page //D ~4 ~~f D. PLANNED DEVELOPMENT AMENDMENT -HOLLYWOOD VIDEO A Planned Development Amendment to amend the signage area on Lot 2, Block 1, Hadler Park, located at 2020 Cliff Road in the NE '/4 of Section 31. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated March 19, 2003. She noted the background and history. Gregg Gallas and Shawn Griffin, representing Hollywood Video stated they are asking for 36-inch letters, rather than the 48-inch letters shown on the cut sheet. Chair Huusko opened the public hearing. There being no public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Member Heyl stated the surrounding properties have 8.5 percentage of signage, rather than the proposed 14 percent. She stated she is opposed and would like the amount of signage for this property to remain at 8.5 percent. Member Steininger stated he supports maintaining the amount of signage approved with the Final PD. Member Gladhill stated he is not in favor of the proposal and would like to see the applicant held to the original plan for signage. Chair Huusko stated he is generally in favor of signage, however would like to see consistency in the area. Member Miller stated he is opposed to the proposal and thinks all businesses should be treated equally. Member Heyl moved, Member Bendt seconded a motion to deny the Planned Development Amendment to amend the signage area on Lot 2, Block 1, Hadler Park, located at 2020 Cliff Road in the NE '/< of Section 31. Reasons for denial are non-consistency with the surrounding buildings, and the signage deviation from the aesthetics of the area. All voted in favor. Motion carried 7-0. /// PLANNING REPORT CITY OF EAGAN REPORT DATE: March 19, 2003 APPLICANT: Boo Doo Signs PROPERTY OWNER: Magnum Development REQUEST: PD Amendment CASE: 31-PA-O1-02-03 HEARING DATE: March 25, 2003 APPLICATION DATE: Feb. 18, 2003 PREPARED BY: Pamela Dudziak LOCATION: 2020 Cliff Road COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST Boo Doo Signs, on behalf of Hollywood Video LLC, is requesting approval of a Planned Development Amendment to increase the allowable building signage on the retail building located at 2020 Cliff Road, legally described as Lot 2, Block 1, Hadley Park, in the NE'/4 of Section 31. AUTHORITY FOR REVIEW Chapter 11, Section 11.40, Subdivision 5 states, in part The provisions of this chapter maybe amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote oftwo-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY Hadley Park was platted in 1992 and the Walgreen's was constructed on Lot 3. In 1994, an amendment to the PD was approved which changed the approved use on Lot 4 from a medical clinic to an office building. In 2002, an amendment and Final PD was approved which allowed a Class II restaurant with a drive-through facility as part of a multi-tenant retail building on Lot 1. An amendment to Lot 2 was /~a Planning Report -Boo Doo Signs (Hollywood Video) March 25, 2003 Page 2 also approved in 2002 which allowed a change in use from restaurant to retail. The Final PD Agreements for both lots included building elevation signage plans. EXISTING CONDITIONS The building on Lot 2 is now nearing completion and will house a single tenant, Hollywood Video. As is the case in most Planned Developments, building architecture, signage and other site improvements are required to be uniform. That is the case in this instance. The recently completed retail building on Lot 1 has similar architectural features and similar signage was approved for both buildings. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zonin Guide Plan North Regal Cinemas; Taco Bell PD, Planned Development RC, Retail Commercial South ISD 196 Rahncliff Learnin Center PD Planned Development RC, Retail Commercial East Wal een's PD, Planned Develo ment RC, Retail Commercial West Retail PD, Planned Develo ment RC, Retail Commercial EVALUATION OF REQUEST City Requirements -The Final PD Agreement for this building specifies allowable building signage on the east and north sides of the building above the main entrance. The sign area was shown as 21 feet long by six feet high, for a sign area of 126 sq. ft. A pylon sign was also approved with the Final PD. Typical City Code standards for building signage on a single tenant building allow up to a total of three signs distributed on up to two elevations. Building signage may consist of one elevation displaying a business name sign, and one elevation displaying a business name and a product name sign for a total of three signs. No sign or combination of signs shall cover in excess of 20 percent of the area of the facade. Also, all business signs mounted on a building shall be similar in design. Applicant's Proposal -The applicant is proposing to change the wall sign location and increase the total wall sign area. The proposed signage will be located on the east and north elevations, the same as approved in the Final PD, but will extend along the length of the building, not just above the main entrance. /ice Planning Report -Boo Doo Signs (Hollywood Video) March 25, 2003 Page 3 The proposed Hollywood Video sign consists of internally lit channel letters for the Hollywood Video name, a solid backlit mountain backdrop, and spotlight rays on each end of the sign. The proposed Game Crazy sign is an internally lit cabinet sign. Two signs are proposed on the north elevation -one Hollywood Video and one Game Crazy. The Hollywood Video sign is 216.9 sq. ft. in area, and the Game Crazy sign is 22.7 sq. ft. in area for a total sign area of 239.6 sq. ft. One sign is proposed on the east elevation -Hollywood Video -which is 211.6 sq. ft. in area. A summary of the proposed signage and comparison relative to the facade area is shown below. North Elevation East Elevation Game Crazy 23.0 s.f. Hollywood Video 211.6 s.f. Hollywood Video 216.9 s.f. Total 239.9 s.f. Total 211.6 s.f. Facade Area 1,682.2 s.f. Facade Area 1,380.7 s.f. Percentage Area 14.3% Percentage Area 15.3% Analysis -Because this site is part of a Planned Development, the signage should be consistent and compatible with the other buildings in the development, in particular, the new retail building on Lot 1. Signage on that building is allowed on two elevations. signage consists of each tenant's name, and is located in the designated sign band on each tenant space. The building signs on Lot 1 are generally two to three feet in height, and consist of backlit channel letters. Because the Lot 1 building has multiple tenants, signage extends across the entire building, divided among the individual tenant spaces. Combined, building signage on Lot 1 for the north elevation is about 215 sq. ft. on a facade that is about 2,500 sq. ft. for a signage ratio of 8.5%. While the area of signage proposed on the Hollywood Video on Lot 2 is similar to that on Lot 1, because the building facade on Lot 2 is smaller, the ratio of signage to facade area is significantly greater at 14.26% as compared to 8.5%. The proposed amendment will provide a signage program that is not consistent with the existing signage within the Planned Development. If the mountain range backdrop and spotlight rays are deemed acceptable, staff believes the percentage of allowed signage should mimic the signage on the multi-tenant building at 8.5%. /~9 Planning Report -Boo Doo Signs (Hollywood Video) March 25, 2003 Page 4 In addition to the wall signage, a 100 sq. ft. pylon sign was approved with this Final PD. The pylon sign does not satisfy the 300-foot spacing requirements from pylon signs on the adjacent lots. The applicant is requesting a different sign program and more sign area on the building, while maintaining the original pylon sign plan. SUMMARY/CONCLUSION Since the tenant signage was unknown at the time of the Final PD, the Final PD approved a generic sign space on the building. The approved sign space does not accommodate the Hollywood Video sign with its mountain range and spotlight rays. Hollywood Video is proposing a different location on the building and a larger sign area than the Final PD approved. The proposed signage is consistent with typical City Code standards in number and in sign area; however, the proposed signage represents a significant departure in percentage and design from the existing signage on the retail building on Lot 1. While the area of signage is similar to that on the adjacent building on Lot 1, the percentage of sign area relative to the size of the building facade is greater than on the building on Lot 1. The Advisory Planning Commission and Council should consider the proposed deviation from the Planned Development's established signage uniformity as it relates to the proposed signage program, percentage of building signage and the pylon sign approved with the Final Planned Development. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to increase the allowable building signage on the retail building located at 2020 Cliff Road, legally described as Lot 2, Block 1, Hadler Park, in the NE '/, of Section 31. If approved, the following conditions should apply: An Amendment to the Planned Development Agreement shall be executed and recorded against the property at Dakota County. 2. Building signage on the west and south elevations of the Property shall be prohibited. 3. A sign permit is required before any signs maybe installed. 4. Two building signs shall be allowed on the north elevation of the Property, not to exceed a total of 240 sq. ft. in area, according to the approved sign plans dated February 26 and 27, 2003. 5. One building sign shall be allowed on the east elevation of the Property, not to exceed 212 sq. ft. in area, according to the approved sign plans dated February 26 and 27, 2003. 6. All wall signage on the Property shall be internally or backlit. ~~s Planning Report -Boo Doo Signs (Hollywood Video) March 25, 2003 Page 5 7. All other terms and conditions of the Final Planned Development Agreement shall remain in full force and effect. //~ a Espan Boundary Location Map ~P~ ;~'n. Bulldiety Footpirtt .. i '`~~ s a ~ , e ® ~ a ® frp~ `• e ~ a ~ ~ o r p Ala../~~7m/ ~7~ ~q ~(`C9G`~7~,/7/ a ~ ~ t ~ • 4 0 ® 4 s~ ~ d ~ a~ ^ 0' q t~ ' ..... i Si =..1`~ i `LJ ~ ~ ~ pw, i i ~ ~ i t ~lp ~~ f ®raorld®~ ®® ® ® ~ 4 a . " ~ V ' m S! a 3 ~ ~ ~ ® q a a ~ ~.~ r ~ ~ ~ ~ % r` ~ ~~~ °. ~ e ~~ ~ ~- ~ ~ a ~ ~~ ~ ~ ~ Sub'ect Site p ~ .., ~ ~ _ ~ q r ~ ~ ¢•R s ~ 1 ~ to I ,~' ~ b A ! ~ \j i~ >7 r i ; Y © +~ ~ • e ~ ~ ~ ~ , ~~. ~ ' " v 6 ~s ; ~ ~ e, ~. ~ • 0 , _ d '~ ~ P 4 4 9 s~ ~ ,~ b ' as ~ ~ ., m •'~ ~ ~ a v n t ~ atoms ® Qs. ® D ° ~ l> 1 3 ~ ~ ~ 6 as 1 F a ~ ~' ~ ® ~ j j i O~ ~ •ar i0 d O ab • m w s ~ ~~~~ " ~' ~ `' f,, „ q o a r 9 700 0 0 7000 2000 Feet Development/Developer: Hollywood Video Application: Planned Development Am Case No.: 31-PA-01-02-03 / Map PnpanW using ERSI McVMw 7.7. H map d•ti provided by Daktna County tMka of 61S and is eumnr as of Fa0rwry tW7. ~~ TNIS MAF IS INTENDED FOR REFERENCE U3E ONLY N tw E city of eac~an Cenxrwdttr nwrop~s DaMrtrrant T,• ~Ity at Eaoan and Dakota County ao not ouarontaa t>,. accuracy of tbia Irrtormatlon and aro not roappnalblo for arroro 01 omtsslona. S Current Zoning and Comprehensive Guide Plan Land Use Map Boo Doo Signs (Hollywood Video) Case No. 31-PA-01-02-03 Zoning Map t ~ ®® e {~ ~ y f r ~,i rD ~® ~ rO .{ Location Current Zoning: rp ro ro rp w~ p, .p PD Planned Development °{° l{ r ,p a ro d rO ' ro J ro R a f ~ p u rr R d r ~~ ~ Rn I ~, r d j N=L _ {~N uoe r«~ Comprehensive Guide Plan ,p r °r Land Use Map ~ ~ ® ~ ~ ® _ r RO ~. /a MO RC ~.`fVA e Oil RC 0~1 Location MO "~ u RO C Current Land Use Designation: RO R RC RC ~ Oq ae Retail Commercial ~ ol{ , f' {,. .~ p/{ {r r d ~ 3 ~~ f N{ • {N 77{{ rN1 L.i Areal bN{ map Infonna on .my Daketa County land •urr{y DaparlmaA i.pt.mNr 2002. Zeniny InbrmaUen mYntain{d Oy Clty •laf. City of Eagan ~ 1 TFt15 MAP IS INTENDED FOR REFERENCE USE ONLY w E Community Development Depanynent Tha City of Eagan and Dakota Cotnty do not guaranta th• accuracy of this Information. 5 n ~~ ~~~ ~~ ~~ ~; V mV~~ mj m ~~ ~~ ~tD ~~V 7 ~~ ~`cQ,a~r, ~U a ~. O ® O ¢^ ~ ~ ;i I~TTI r ~ ~ ~ g i ~ V O ~ - C ~~ 's ~~ . - e _..3 -- - ` -- ~-T-r ~ 1?~T?~Tl_ 7 i _~~ ~ rrrrr~- - -_. 7 P ~_, -i 111-rt-H--~~y r i ~=~ ~ I~ ~~ s~~ li ~. ~I _ L ~ /L ~~°N ~_ J r- ~ ~ O ~, F ~, ~~~ ,, ~.~ c m ~ °~~ ~% _W W=WQ, u CJ W y~ ~ ~ = W m O4w u ~ Y ~ ~ ~ ~ ~~y i~+° ~~~~ ~~~ _o . ~~ ~~~ SITE PLAN a M ,~, a_ ~o I i ®~®® ~ ~ ~I~ a~®®}}a ~~4~aai ~~~'~~ ~, , ~~~~_.~ ~~~~~~~~ Y ~~ ~~ ~~ ~~ s~ ~~ a~ ~ ~ r„ • ~~ ., 3 ~ :~_~ o =~ f _ ~= ~~ S 0 W v o_ ~o Y Q W o~ W m 0 W ''~',~' ~\ ~/ ~~ a c-.e 'o f I I ~i '. 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E U` c @ E o a J A ~~ 3 d y e ~pp 3^ Eg ' ~~ ~~ m E~~ ~~ g i~ _m ~~~ ~m.£~ `_°~aQ ~ny~ '~~ ~~~ cE ~ c_' ~~~L o c o m ' ~~~~ ~~~~ m~~~ /a~~. ~~~ ~~~~ ~(7$ `cam `Oma m ~~~ LLFR g ,~ W U fit: ag~ ~ ~p ~4~ 5° ~~~~ ~~ m a 3~r:~ ai d _ ~ `.' cE~a ~ n ~ m ~, a~~ ° ~~~~ c zR ~ ~ E~ffi" d c ~~ E$, ~~ ~5~~ m a~ x d ~Na ~ ~ 3 ~ a 3 . ~ ~ ;cn~ ~ c z~~~ a 'a ax SIGN A -NORTH ELEV. r„ ~° ~v '~ • ~q""~ s ~R~ o ~~~ 2 ' SAW .Zll C.e ~ In p _ 1 G 0 a m I - - „8-, L ---I ~- - . L-.£ -- -i h of N H ~ZF _.~ ~ ,1 >p~ - D ~ ~ J LL = W 0 ~ W d1 IOL = W m O g~gU +; ~ ~$~ ~ ~~° ~~ ~~~ c~ Z N N Y v a 3 ~ ~~ ~# W f" ~ fn ~ O w c~ w C7 a s w ~ x U ~ Q WN YVH 2 x ~ ~ V ~ Q U K LL V$ p~ ~ g~~ ~- triVLL' LLU ~VU~[~O _ Q~Wx~O~ ~ QZUZZW~a ~~2~~=U' Z ~~mC]WQ,R 803~~=~ ~~VUC9a ~~ ~w U ~. 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E ~ g ~° c ~ ~, a~ ~. ~: ~~ `~ d h m e a o = '' ;~ ~ ~,.. ~s, .€ s ~ ~V~ ~~ u /~ ~, k L i i m N ~ r ~ E'~ ~ ~ E'~ ~ ~~ ~ ~ YO~ C~ N ~~ Ov ~ ~~ ~ m C ~ ~ ~ m C d' m ~ c~Q~~ e+~aaV aq,E~ m~~££ LL~~ ~ ~~~Z .: Ll L' 1 ui U W G f.l ~' ~eZP ~~~ i~> ~~t ~ ~°~~ -'~ a ~~~~ ~p e3a~ 8 ca$a ~ a~~ ~ ~ ~o ~; ~~~~ C. ~ ~~ ~ S ~ ~ o . 4 E i; ~m ~~~~ 'c~~a =a ~~ €m.-m 3 cm~~ ~ea'€ v~ ~ ~~~ ~~ ~~~~ ~ ~~ ~ ~y E m $n$: m~~'~ ~ mcha ~~ SIGN B -EAST ELEV s e ~_ s~ ` ~ :~_~ . ~~~ o ~~~ _ ~t ~J ~o lV i0 qI m r 0 f QWQ 1l~ ~j_ ~ Y m 3 ~ m ~~~~~ ~~~~ ~o= ~ a~~o~_ m IL V H tea, .~ z 0 1 J J ~ ~ ~ ~ 0 _,~ J ; Q ~ _ G m LL l W y ' LL 2 ~ f' ~ W z ~ m D OV 3~,F,FLLyq ~~~ ~S> ~~ t w<~~ ~g~O ~~~ ~d3$ r^ Z _ ~ ~~ ° ~_ O ~Zs ~~_ ~_ ,~ SIGN D -PYLON ias 03%26%2003 19:1 FA.T 873759060 NORTHWEST ATL.ADITIC GROUP 1~j002 NORTHWEST ATLANTIC GROUP March 26, 2003 Ms. Pamela Dudziak City of Eagan S E AT T L E 3830 Pilot Knob Road fiagan, MN SSI22-1897 NEW YORK Re: 2020 Cliff Rd Hoi lywood Video Sigaage c -t l e a c o Dear Pam: Los ANGELES wastllnGTDN Or Thank you for your time and insight Last night after the Planning Commission meeting. Obviously, my client and I were quilt disappointed with the outcome, to say the least. DALLAS In accordance with our conversation, I felt it would be appropriate to point out some items that the Planning Commission may not have considered, and to suggest at least one possible alternative to the cttncntly Tosoaro approved signage. YANCOUYER We recognize that the City of Eagan worked for some time to arrive at the currently approved sigaage, and we do not take that lightly. However, I roust point out that those deliberations were between the City and the developer and did not include Hollywood. This has, we feel, resulted in hardship for the end user of the real estate, who obviously will be paying the rent. Specifically, we believe the signage as currently approved created undue hardship for Hollywood because it drastically inhibits its ability to identify itself to its customers. This is particularly anomalous in light of the fact that the two single tenant buildings in closest proximity to the subject property (Walgrcen's and Blockbuster) have much greater signage, and therefore identity, than the subject property. Hollywood is certainly willing to seek a creative way to obtain greater building signage, while at the same time adhering to the city's stated requirement ffiat the subject property main the same look as the building to the west. Por example, Hollywood would entertain the possibility of eliminating the approved (but not yet erected) pylon sign on the property if doing so would result is the City approving greater building signage. Please keep in mind that the building to the west has a large monument sign on the street is addition to the building signage. I am willing able to have additions] sample elevations prepared for your review if you sce a aced for them. Tf I can~vidc any additional detail for you or the Council, please let me know. you fo# yoour consideration. I look forward to seeing you next week. truly Director of ~al Estate for Hollywood Video 3158 D£S PLArn-15S AvENt(E. SUPPt f t5 DES ACAIN£S. IL 6001 A TEL: (847) 375-9966 sAx:(847)375-90G0 /a~ Agenda Information Memo April 1, 2003 Eagan City Council Meeting D. REVIEW WINTER TRAIL MAINTENANCE PROGRAM ACTION TO BE CONSIDERED: 1. Review and reaffirm the current Winter Trail Maintenance Plan/Policy for 2003-2004. OR 2. Modify the Winter Trail Maintenance Plan/Policy for 2003-2004 (with specific additions and/or deletions) FACTS: • On June 2, 1998, the City Council approved the City's first comprehensive Winter Trail Maintenance Plan and Policy incorporating approximately 50% (56 miles) of the City's total Transportation Trail System. • The Policy states that the City Council will consider additions and modifications to the trail and sidewalk plowing program only once per year at the first meeting in April. • After completing the fifth full operational year of the program, this new service delivery continues to be well received by the community. The staff has received two petitions and 'one additional written request for changes. The requests including petitions appear to meet the policy's formal petition criteria and the written request does not. • In addition, staff has identified 4 areas of additional consideration for the Council's review. ISSUES: • Although the Policy states that no requests for modifications will be considered unless accompanied by a petition of at least 50 property owners within '/4 mile of the requested segment, Staff has included all requests received for the Council's review. If the Council gives consideration to the requests without supporting petitions, that portion of the policy should be discussed. Net additions to the program will result in the need to increase the budget accordingly. ATTACHMENTS: • Memo summarizing requests and costs, pages ~ a ~ through ~~_. • Maps of current trail plan with requested modifications, page /,3/~/3~- • City Council Winter Maintenance Policy, pages through /..~.3 ~/.3~ • Petitions, written requests, pages ~_ through /.SQ /a ~ Y MEMO -city of eagan TO: TOM COLBERT, DIRECTOR OF PUBLIC WORKS FROM: TOM STRUVE, PUBLIC WORKS COORDINATOR DATE: MARCH 27, 2003 SUBJECT: WINTER TRAIL/SIDEWALK MAINTENANCE REQUESTS/CRITERIA 2001-2002 Program Costs $50,558 (13 plowing operations) 2001-2002 Cost per Mile $903.00 (4 year) Average Cost per Mile/per Season $1511.00 The fifth full operational year of Eagan's Winter Trail Maintenance Program is coming to a close and this new service delivery continues to be well received by the community. The City plows approximately 56 miles of the City's 120 mile trail system. o Requests for changes to Winter Maintenance Program: • Citizen Petitions: • Petition #1 signed by 64 residents of Gramercy Park Eagan at 1669 Yankee Doodle Rd. CP 1. Consider switching plowing from the south side to the north side of Yankee Doodle Road between Coachman Road and Central Parkway. (Please see attached letter/petition ) Additional O feet (see map) Additional annual average cost to City $~O / Meets Policy Criteria -Winter Maintenance of Sidewalk and Trailways 10/1 S/96, criteria number 1. Major Arterial Roads. "These are thoroughfare roads with 4+lanes, traffic volumes greater than 5000 vehicles per day and speed limits of 45 mph or greater. " • ISSUE: South side is currently slowed and may be considered important to multifamily residents of Surrey Gardens for access to Town Center and Community Center areas. • The Council may consider: • Option 1. Switching plowing to north side • Option 2. Consider adding the plowing of the north side of Yankee Doodle Road between Coachman and the entrance to Carbone's Pizza just beyond their entrance to the east. Gramercy Park residents could then access local goods and services and also cross Yankee Doodle Road at Coachman (controlled intersection) to use the Yankee Doodle Trail to the east. • Additiona1660 feet (see map) • Additional annual average cost to City 191.00 l~~' • Petition #2 signed by 58 residents of the Timberwood Village Seniors community. CP 2. Consider plowing interior park trails of Pilot Knob Park beginning adjacent to Tower View Road west of Timberwood Trail and ending at Pilot Knob School. (Please see attached e-maiUpetition/map ) Additiona11873 eet (see map) Additional annual average cost to City 543.00 / Meets City Council Policy -Winter Maintenance of Sidewalk and Trailways 10/15/96, criteria number S. Other: "The Council 's discretion will be used to designate other segments as necessary to provide continuity, designated recreational loops, etc. " • ISSUE: o Currently, the City's Winter Trail Maintenance Program does not incorporate any interior park trails. • ADDITIONAL ISSUE: o The president of the Timberwood Village Board of Directors also requests that the City add the winter maintenance of the west side of Pilot Knob between Lone Oak and Towerview Road to the winter maintenance schedule. Additional feet 1240 (see map) Additional annual average cost to City 360.00 Please Note: Timberwood Village Seniors representatives originally asked for the City Council to consider changing existing plowing of east side of Pilot Knob between Lone Oak and Yankee Doodle Road to the west side to accommodate pedestrians in their community .City staff suggested that Timberwood Village residents can access the easterly trail on Pilot Knob Trail via the signalized intersection at Lone Oak Road. • Citizen Requests CR 1. Request to add plowing of the trailway on the north side of Skyline Drive immediately east of Highridge Terrace to the entrance of Highview Park. Additional 270 eet (see map) Additional annual average cost to City 78.00 • ISSUE: • Does not meet City Council Policy for any criteria established in trail plowing policy. ia9 • Additional Considerations AC 1. Consider adding west and north side of Central Parkway to accommodate pedestrians who may wish to use the services provided by the new Community Center. Additional 2890 eet (see map) Additional annual average cost to City 838.00 / Meets City Council Policy -Winter Maintenance of Sidewalk and Trailways 10/1 S/96, criteria number 3. Neighborhood Collector Streets. "Local streets approximately 1 mile in length with 2 traffic lanes and 2 safety lane/shoulders, traffic volumes less than 3000 vehicles per day and speed limits of 3S mph. or greater. " • Rationale: This trail segment would provide a connection from the new Community Center to comprehensive trail system in two directions. AC 2. Consider adding north and east side of the new Cedar Grove Parkway segment between Rahn Road and State Hwy 13. Additiona11,380fegit (see map) Additional annual average cost to Ciry 400.00 / Meets City Council Policy -Winter Maintenance of Sidewalk and Trailways 10/1 S/96, criteria number 2. Community Collectors. "With 2 traffic lanes and safety lane/shoulders or 4 full lanes of traffic with volumes greater than 3000 vehicles per day and speed limits from 3S to 4S mph. " • Rationale: New trail to be added during 2003 construction season would connect to comprehensive trail system. AC 3. Consider adding north side of Silver Bell Rd. between the new Cedar Grove Parkway intersection with Silver Bell Road and the entrance to Silver Bell Center. (see map) Additional 175 feet (see map) Additional annual average cost to City 80.00 / Meets City Council Policy -Winter Maintenance of Sidewalk and Trailways 10/1 S/96, criteria number 2. Community Collectors. "With 2 traff c lanes and safety lane/shoulders or 4 full lanes of traffic with volumes greater than 3000 vehicles per day and speed limits from 35 to 45 mph. " • Rationale: New trail to be added during 2003 construction season would connect the comprehensive trail system to local retail goods and services. Additional annual average cost to Ciry; • Citizen Petitions - $1094.00 • Citizen Requests - $78.00 • Additional Considerations - $1,318.00 G:/TSlTRAILS/memo a trailmaint 3-27-03 /3d Winter Trail & Sidewalk Maintenance Route Considerations for 2003-2004 -~~ ,,.. ~~~;' ~~, ~~. ~y ~~\~l ,. Plowed in 2002-2003 0 ,.z~ 2.5~ 5.oooF~t ® Citizen Petitions (CP 1, CP 2) Date: 3/27/03 Citizen Requests (CR 1) Prepared by: CityotEagan Street Dept., CM City of FRgart File: I:l..lcml5treebltrailslpbwrtesl Additional Considerations (AC 1 - AC 3) 8x11_route_considerations_03_04.mxd /3/ ...n wwv 11ao n ~ 1y QIneR txMlV[ ~7g AvAld ~K. ` wrNewAVe 3 ~ ~ ETN a+ ~ ~ ; ~ ~ long Oak Rtl ff ~ osA` [ oA ~~yf. ~ ?'f''~y. ~~~ rss ~~ ~ a Pia knob g ~ d*/ ~ d' EMrls ~ Y ~ '~5 ~I O ~~ ^ a ^ r ~,a1'~" ~ 3 a ~ Timbervv`ood ~ ~ 3 c ~ ~ `'r,, aurwEw Village~~ E /~~ Ise oEe.11 1m. r `~ yMyr at ~ ----~`` iaHClrvlew lm. i r - ouully tip. Trail ~. "°~ o,K. ~ 3 1 r s i '"°' ~~ !s ~ 1~~ ~ Q ~ ~~ 6 ~ ~ ig ~ , ~ .In a. 1nE1c1s n. ~• ~- a. (\ ' Atelwl on ( 1 `~~ ;~ ~~ ~ ~ ' ~ d= ~ 5 ~" -i--~ ~ ~ ~ !fl ~t,.K~ °~~.\ ~~, wAO S 1 ~ e ~ Qr ~ ~ Ll]y~N E DLE OAD E i ~ -~ n L .J ~. WATER t O TREATLIENT ; M. -Ptd` 4 Tj E y~~ FAUm _ ~ ~ f ~rilrtf on. r eC' eEw+RE aR_ d c3,/ C~~ ~' ~ ~ 1: i~WUC rt. a~IOisaTicoc wL WLiVEW IMIKT. CM ~~ 1.MOl rt. `.pApep y~ 1{ FACILrtY ~ ~ W4 ./'~.,. i g >V ROrwrt. 3 IIDVK A~rt_ .Q wu) f--~ I1 ~ Y s ..R11 wo1Et r~ ~,ar ~ wc«~e ~ a M~ ~ g '`r1' ! 5 ROAD ~ _ '~ T tm yg a'A J oAemlooE w. oawo ~ ~°" -.-w~~•cs ~ wsu xm u~. u~. F TrER R. R. ~ L~ ~ + y RIORR Q$ j y FMK -J i ~ r ~ ~ ~ ~ g u R,,r ~E ~Q ;i\Rj ~ ~OAv i ~ u $ 3 (~ ~ RasTAO 1aa.wlo d/ frs' i I UL UL 00VE R. ~~i FK~OM wAY ' (~ ~ 3 q ~ 1 I Gram\mle Paris oo.l.w~ +`e. ; V J ~ I , of Eagan ~,- R c ~~ ,~~ ~R~ ~3 u ~ ~ Lt R E. ~I yaI o 0~y _ ( 'r ~T ~ O / ^ L G oEFA0.iF ~~i ) oR. ~ swn asncln. R°"`'"4af ~r~ R. `/ ^ Re D r ~ w.wR~ y! p ~+ 1QTiLE CyyyRF ? Q' eESlsasr ~ 7[ O TL' r+T~ ~ Ei uvrwYR ~r q R °°~ AYE. t~~a~,~ y, 3 E i MrsuM ~ 'b ~~ uuwAV I ~ (~\J r a. ~ ~ ~ ~. ~ `/ 3 i ~ tai lo. ~ w t~ Tni Yankee Doodle Rd ek wrilwr ~ T0°«10OA '"~ off' 1 - ~t 0 ~ ww1r11usw r1uo1 io. ~~ Art Hour u1sR1v awwooo oIItiE ~ 'fib. eaplOK i 110fi0~ "~ R. 14~ 011. 1/11Q 4' dt NORTMVIEW ~cf~ gg ~ bv~ R ~ ~~ ~ PARK J ~ ~ tl / 7~ S drC- ci. r ar Y vatr'u°eo ay~Rf ~ ~. 1 e" b' rrisACE rwni~EU Ruwooi+LO 3 ' Kamwew A ~- ~ ~ ~ ~~ ~ n~ r91AV ~ 3 sR ; x.aae ~ mo o x aro rr Petitions for Additional city ofaagan ®Timerwood Village Winter Maintenanc /~ ®Gramercy Park of Eagan N CITY COUNCIL POLICY SUBJECT: Winter Maintenance of Sidewalk and Trailways. DATE ADOPTED: October 15, 1996 REVISED: Revised: June 2, 1998 Basis: The City of Eagan has received continued requests to have the sidewalk and trailway system maintained year around. In addition, the trail system plan element of the 1995 Pazk System Plan states "Prudent decision making regarding snow plowing must consider the actual amount of trail use gained given the level of investment required". After evaluating two seasons of winter maintenance on a limited segment (3.8 miles) of trails and sidewalks, the City Council decided to expand the program to meet the basic needs of the community and also modify the previous policy. Purpose: The City of Eagan has developed the following policy in order to respond in an orderly, consistent, and fiscally responsible manner to the desires of the community for a basic Winter Trail and Sidewalk Maintenance Program. After reviewing the extent of sidewalks and trails that exist within the community as of 1998 (110 +/- miles), the City Council has determined that those segments that meet the City's basic criteria shall have priority for performance of winter maintenance. After evaluating the cost associated with acquiring the specialty type equipment and the additional personnel resources necessary to provide a reasonable level of service expected by the public, the City Council has determined that this new public service will be provided through private contractual services. Criteria: The following criteria will be used to determine whether a segment of sidewalk and/or trailway should be included in the winter trail maintenance program: 1. Major Arterial Roads. These are thoroughfare roads with 4+ lanes, traffic volumes greater than 5,000 vehicles per day and speed limits of 45 mph or greater. 2. Community Collectors. With 2 traffic lanes and safety lane/shoulders or 4 full lanes of traffic with volumes greater than 3,000 vehicles per day and speed limits from 35-45 mph. 3. Neighborhood Collector Streets: Local streets approximately 1 mile in length with 2 traffic lanes and 2 safety lanes/shoulders, traffic volumes less than 3,000 vehicles per day and speed limits of 35 mph or greater. 4. Local School Walking Route These aze trails and sidewalks that are relied upon by the school districts for designated walkers under their bus transportation policy. 5. Other: The Council's discretion will be used to designate other segments as necessary to provide continuity, designated recreational loops, etc. / 3.3 Operational Policies Specific operational policies are hereby adopted to implement a Winter Trail and Sidewalk Maintenance Program on a uniform basis. This will allow the City Council to evaluate the effectiveness, economics and acceptance of this program as necessary to determine the appropriateness of discontinuing, maintaining or modifying the program on a regular basis. 1. Sidewalk and trailway snow removal will be performed only after a minimum of 2" of snow has .accumulated resulting from a snowfall event. Accumulations resulting from drifting and/or depositions resulting from public street snow removal operations will be performed as determined necessary by the City. City-wide snow removal operations will begin within 24 hours after the cessation of the last (in case of multiple back-to-back storms) snowfall event and/or when deemed necessary by the City in coordination with public street snow removal operations. The City will attempt to complete all snow removal operations within 24 hours after beginning depending on the event and weather predictions. 2. Snow removal operations will be performed with equipment and operators retained through a private contractual service agreement. 3. The level of service will be limited to what can be provided by mechanical equipment. Due to the limitations of mechanical equipment and trail irregularities, pathways may not be cleared or maintained to a dry pavement standard. No hand work will be performed by City or contractual personnel. Surface irregularities and slippery conditions may result. No ice control (sanding or salting) will be performed by the City or contractor. 4. It is to be expected that snow can be plowed, blown, swept or dumped on public right-of--way and easements on either side of the sidewalk/trail as needed for the best efficiency of operation. 5. Reasonable attempts will be made not to deposit excessive snow in driveways and/or private sidewalks if is operationally or mechanically controllable. However, the removal of any snow deposits that may result will be the responsibility of the adjacent property owner and/or occupant. 6. The City will not be responsible for sand, salt or incidental plow damage to turf or driveways, nor irrigation systems or any landscaping improvements located within public rights-of--way or easements. Any related repair will be the responsibility of the adjacent property owners and/or occupant. 7. In order to perform snow removal operations, pathways must remain free of any obstructions (i.e., vehicles, refuse containers, play equipment, implements, etc.) until the pathway snow clearing operation has been completed. If obstructions are encountered, the City's operation may skip the affected property frontage and the subsequent removal will be the responsibility of the adjacent property owner and/or occupant. 8. School districts will be expected to perform snow removal operations on those segments of public trails and sidewalks adjacent to their property as necessary /3 ~ to accommodate designated walkers according to their bus transportation policy. Plan Adoption: The sidewalks and trails designated to be maintained by the City of Eagan will be so referenced on the most recent map adopted by Council action and kept on file in the Department of Public Works. Process: The plan adopted by Council action on June 2, 1998, incorporates approximately 54 miles of the total 110 +/- mile system. With approximately 50% of the system not being maintained, it is anticipated there will be requests for other segments to be added. Due to the cost to add additional segments to the overall maintenance program, it is necessary that a need and benefit be demonstrated to justify the expenditure of additional funds. Subsequently, no segment will be considered unless accompanied by a petition of 50 properties lying within '/4 mile of the segment to be considered. All requests will be considered only once per year at the first regular Council meeting in April for possible inclusion into the following season's program. G:1J?C/MISCJ W intaTrailPolicy /3~ Tom Struve From: Karen Dahlby [kdahlby@gassen.com] Sent: Monday, March 24, 2003 4:13 PM To: tstruve@ci.eagan.mn.us Subject: Petition for Path Clearing Mr. Struve: Pursuant to our conversation, here is a formal request that we would like to see the pathways in Pilot Knob Park cleared in the winters. Many of our Homeowners at Timberwood Village are avid year round walkers and the park would be a great safe place for them to walk, especially due to the fact that our property borders the West side of Pilot Knob Road and the City will not be clearing that sidewalk. We are also putting a petition together as you stated and will have that to your office by 11:00 a.m. Thursday March 27th, 2003. I enjoyed talking with you today, and thank you in advance for your attention to this sensitive matter. Karen Dahlby Property Manager Gassen Company 1 /~ O - -.•., -- ~~ . ,~ '! 1 7275 BUSH LAKE ROAD ED{NA. MINNESOTA 55439 GASSEN COMPANIES FAX: 1952)922-2004 kdahlby®gassen.com /.37 7275 BUSH LAKE ROAD EDINA. MINNESOTA 55439 GASSEN COMPANIES FAX: (952)922.2004 kdahlby~gassen.com KAREN DAHLBY KAREN DAHLBY (952) 922-5575 (952) 92'2-5575 imbei~c C~~~d~mir MARCH 24, 2003 THE RESIDENTS OF TIMBERWOOD VILLAGE ARE CITY OF EAGAN REQUESTING THE REMOVAL OF STARTING AT TOWERVIEW ROAD TO THE PILOT LONE OAK ROAD. .~ 1~2.an~-c.~ z , fir' ~~~ ~.~~.~-.~ ~~ ~ v7 ~.,.,~ ,~ r ~~~ ~% ' 7 ~ ~ ~`1r~~~ f ~~~ ti ~ ~ ~~ n l D . ~~~ ~--~ GL~GtJ x ~/• ,z /38 ~~ rf rr J ,Lc-~,~~ ~~ ~~ it ~~ t imb~rvl~~cl Uill~ge C;~ncl~n~inium ~ss~ci~ti~n MARCH 24, 2003 THE RESIDENTS OF TIMBERWOOD VILLAGE ARE SUBMITTING A PETITION TO THE CITY OF EAGAN REQUESTING THE REMOVAL OF SNOW FROM THE PATHWAY STARTING AT TOWERVIEW ROAD TO THE PILOT KNOB ELEMENTATY SCHOOL ON LONE OAK ROAD. c~~ - !l~ ,~ ~ ~~~ ,~ fi~w2.G/ lLl~. .. i tel.. ~ l' Ct~,. L'{'~-•,c~ ~ ~ ~.~ ~ ~ ~ ~~L~~..,.,~ `;G ., ~'` Lam' 4 •~~..~-~ ~"^ 7 ~/ / c..>. ~ .~.~ cc_::~~~~~ Tom' i39 t imbei~~~d Uillag~ C~~~cl~miniL~m ~ss~ci~ti~~~ MARCH l4, 2003 THE RESIDENTS OF TIMBERWOOD VILLAGE ARE SUBMITTING A PETITION TO THE CITY OF EAGAN REQUESTING THE REMOVAL OF SNOW FROM THE PATHWAY STARTING AT TOWERVIEW ROAD TO THE PILOT KNOB ELEMENTATY SCHOOL ON LONE OAK ROAD. /~, - , i21, ~`-,..~~ ~~~ ~~~Z-~' --_` ~~ ,, ~~ ~~ * ~~ ~- ~, ~ S, ~,~ /yd t imb~i~~~cl Uill~~;e C~ncl~l~~iniLtm ~ss~c-i~ti~n MARCH 24, 2003 THE RESIDENTS OF TIMBERWOOD VILLAGE ARE SUBMITTING A PETITION TO THE CITY OF EAGAN REQUESTING THE REMOVAL OF SNOW FROM THE PATHWAY STARTING AT TOWERVIEW ROAD TO THE PILOT KNOB ELEMENTATY SCHOOL ON LONE OAK ROAD. /:~ .~ ~',~ ~~ ~ :' ~_.~ !' ~~ ~ ~~,~ ~ yr /~ :~'v ~~~ ~~~~- ~~~ /`f/ Timber~oud Village Condominium Associ~ti~n .3~/~ ,~ o l ~ ~o 30 3~ MARCH 24, 2003 THE RESIDENTS OF TIMBERWOOD VILLAGE ARE SUBMITTING A PETITION TO THE CITY OF EAGAN REQUESTING THE REMOVAL OF SNOW FROM THE PATHWAY STARTING AT TOWERVIEW ROAD TO THE PILOT KNOB ELEMENTATY SCHOOL ON LONE OAK ROAD. ~~~~ 1 ~ ,//, ~ ~ ~~ a ~~ ....~ l~ . 3 0 ~ f d~~ ~.~~~~~~ 30 ~~ , . c~~~ ~ ~c~o~ 0 0 ~ ~~ 3 3a ~ ~~ ~- 3 o i 9 ~~ c,~ ~~~/ y /yam t in~tb~t~~~d Uillabe C~~ncl~~niniL~m ~ss~c;i~ti~n MARCH 24, 2003 THE RESIDENTS OF TIMBERWOOD VILLAGE ARE SUBMITTING A PETITION TO THE CITY OF EAGAN REQUESTING THE REMOVAL OF SNOW FROM THE PATHWAY STARTING AT TOWERVIEW ROAD TO THE PILOT KNOB ELEMENTATY SCHOOL ON LONE OAK ROAD. ~> O `~''tl.c d~ ~ ~_ C ~~ a ~.~ ~~~~ .~ •~~, .ri„~..a,Zn~~2 ~,..vC~~ /~f.3 imbei~~~cl Uill~b~ C;~ncl~minium ~ss~ci~ti~n MARCH 24, 2003 THE RESIDENTS OF TIMBERWOOD VILLAGE ARE SUBMITTING A PETITION TO THE CITY OF EAGAN REQUESTING THE REMOVAL OF SNOW FROM THE PATHWAY STARTING AT TOWERVTEW ROAD TO THE PILOT KNOB ELEMENTATY SCHOOL ON LONE OAK ROAD. ~„ ~.~ ~~ ~ ~! ~~,~~~j ~~- .<~~u,,,,c Y .C aGu /~ rnt J ~S`f city of eac~an Februazy 28, 2003 PAT GEAGAN Mayor Mr. Neal Black, President Gramercy Park Cooperative of Eagan 1669 Yankee Doodle Rd. PEGGY CARLSON Eagan, MN 55121 CYNDEE FIELDS MIKE MAGUIRE Re: Request for Winter Trail Maintenance -Yankee Doodle Rd. MEG TILLEY Dear Mr. Black, Council Members Your letter to City Administrator Tom Hedges requesting consideration of winter trail maintenance was forwarded to my attention. The City of Eagan implemented our current THOMAS HEDGES winter trail maintenance program during the winter of 1997-1998 incorporating 50% (54 City Administrator miles) of trails and sidewalks throughout our community. Due to the significant financial impact to the property taxes of adding this new service delivery, the City Council adopted the policy that provides for trails to be plowed on only one side of our collector and arterial streets (such as Yankee Doodle Rd.) They also established a policy for addressing Municipal Cencec requests for modifications to this master plan. 3830 Pilor Knob Road The enclosed policy states that the City Council will consider modifications to its Winter Eagan, MN 55122-1897 Trail Maintenance Plan only at the 151 Council meeting in April (April 1 this year). The Phone: 651.675.5000 policy also states that no. request will be considered unless accompanied by a petition of Fax: 651.675.5012 at least 50 property owners located within '/< mile of the requested segment. Although the TDD: 651.454.8535 Council has occasionally considered individual requests in the past such as yours, it would have greater weight if it were accompanied by a petition. Such a petition should stipulate whether you wish to have a new segment added or exchanged for a similar Maintenance Facility: segment on the opposite side of the street. 3501 Coachman Point I'm sure you can appreciate that, with the financial crisis that the state and local Eagan, MN 55122 goverrunents are currently facing, it may be difficult for the Council to find additional Phone: 651.675.5300 funding necessary to expand a service program such as the winter trail plowing you are Fax: 651.675.5360 requesting. In any event, if we don't receive the suggested petition, we will still present your singulaz request to the Council at the April 1 meeting. You are certainly welcome to TDD: 651.454.8535 attend this meeting to personally support your request at that time as well. www.dryofeagan.com Thank you for your interest and letter. c r ~Gi~C~`~_ Thomas A. Colbert, P.E. THE LONE OAK TREE Director of Public Works Cc: Thomas L. Hedges, City Administrator The symbol of strength and growth in our community / /~ ~~ ~~ner~ l~~rk C O O P E R A T I V E Of Eaten Feb. 24, 2003 Tom Hedges City Administrator Eagan City Hall 3030 Pilot Knob Rd. Eagan, MN 55121 Dear Tom: - ~ - _ Please bring to the attention of the council at the proper time a request that the . city consider plowing the trail on the north side of Yankee Doodle Rd from Coachman Rd, or perhaps even from Heritage Lane, to Federal Drive. You now plow the south side of Yankee Doodle where very few people live and don't plow the north side where a , number of people live. I'm sure you'll be plowing the trail that leads from Yankee Doodle along the riew Central Parkway and this would be a connection to that trail on the west side of Central Parkway. ~ - I'm not sure when the council takes this up for the winter of 03-04, but wanted you to have this request in the file when it does. Sincerely, i . .Neal Black President of the Board .~ Q 04 C'nmmuniEy of ~NLryfGot~ ~ = 1669 Yankee Doodlc [?oad • ~. MN 55121 • 651-994-6778 ~.~^r~~corp,com . .. . The undersigned residents of Gramercy Park Eagan at 1669 Yankee Doodle Rd. petition the Eagan City Council to substitute the north side of Yankee Doodle Rd. from Coachman Rd to Federal Drive for the s~out~h side of Yankee Doodle Rd. in the winter trail maintenance program. 1 ~~~~'~/ ~~~~ 33 ~~ 2.' . ~ 34. 3. / ~~ ~ ~ 35. 4. ~ 36. EIVED 6. ~ X117 38. c~r~ ~~ 7. to (~,,,,~,,~, ~~~6 38. ENGINEERING DEPARTMENT 8. ~ 40. 9. ~ ~ ~3~"6 41. 10. ~it ~~ ~ C.~a ~ 3 d ~ 42. 11. ~.~ a 7~ ~~b 43. 12. ~ i J r?~ .•;?rr` 44. 13.~;. ~ ~3zz 45. 14. ~13-~ 1 U 46. 15. ~ ~»'1~ 47. 16. Gc n.~ !~ ~ ~l 48. 17. ~ ~zb~ 49. 18. ~~ ~ ~ y 50. 19. `~ ~l °'~ 51. 20. ' .~.~,0 -3d 9 52. 21. .~ } ! ~'' S3. 22. ~"'~1~ 54. 23. c~ ' , ~//~ 55. 24. ~ 56. 25. // 57. z6. ~ ~ ~ 58. n Z7.~ . _ ~ .r (z ~ 59. Z8. ~ / / 60. Z9. / ~'i2~~ ~-~ 61. 30. 62. 31. 63. 32. 64. /5~7 The undersigned residents of Gramercy Park Eagan at 1669 Yankee Doodle Rd. petition the Eagan City Council to substitute the north side of Yankee Doodle Rd. from Coachman Rd to Federal rive for the south side of Yankee Doodle Rd. in the winter trail maintenance program. ~., ~ c 6. ~ c,1 ' ,~ /~~~ 38. ~ r ~ 8 ~ 40. 9 41. RECEIVED 1 42. 1 ~ 43. 12. ; /~,~ •.r l ~~.Al i- 44. _ tAUNN ~. ~; 13. ~ G2v ~ ~ ,.- NT ~'.~~ S 4s. 14. / 1.CCc.~ ~7 ~ /C'~ 46. 15. I" ~~~ ~~ ,~%-~l ~ 3 ~ `~ 47. _ , 16. ~~~~~ /:% ~ ~ lC ~ ~~~~ 48. ~ ~ / ~~ 18.~'~ ~~ ~~~ ~ d~~ s0. 20. ~ ~,~ ~z18~ s2. 1 21. ~ 2~` ~ s3. 22~ • ~ . ~ ~ s4. 23. ~' ~.-~ .~ ~ ~ ss. 24. ~ ~ ~3a5`~ s6. 25 ~ ~ ,~~~ t-~3~-~. 57. ~ ~ 26. ~ : ~ .~~~ ~ 58. "~' ~ 27. /~J~- Gc1,~~Clt~9J/t~/ .~02 1 s9. .~ 3 ~ 7 60. 2 9, ~ ~_ ~ -L L ~.~-,-.~ _._c .~ ~ ~ X11 ~( 61. c~ /, , ,,' l Q~ / O city of e~gan PAT GEAGAN Mayor '7v~•~ ~_ Linda Rolland PEGGY CARLSON 1540 Skyline Drive Eagan, MN 55121 CYNDEE FIELDS MIKE MAGUIRE March 18, 2003 MEG TILLEY Dear Ms. Rolland Council Members Thank you for your letter regarding the new trail along Skyline Drive. We appreciate the input of City residents. THOMAS HEDGES City Administrator The City of Eagan implemented a City wide trail plowing program approximately five years ago. A system of interconnected trail, located primarily along County roads, was identified. The trails included in the system are those that provide a linkage to commercial /retail districts, and schools. There are no park trails included in the system. The plowing that does occurs in Highview Park is . done specifically to allow maintenance equipment to access the winter skating rink. Al] trail Municipal Center. plowing is done through a contract with a commercial snow removal company that has 353o Pilot Knob Road ~ specialized trail plowing equipment. Eagan, MN 55122-1897 The trail plowing program does include a provision and process for the addition of trails to the Phone: 651.675.5000 winter system. The process requires the completion of a petition for submission to the City Fax: 65].675.5012 Council for their review and consideration. The Council has established that trail plowing petitions will be reviewed and considered once each year, at the first regular Council meeting of ~. TDD: 651.454.8535 April. For additional information regarding the process of making a request please contact the ~~ City Public Works Department at 651-675-5646. Maintenance Facility: This year, the Park Maintenance Division will be including the mowing of the boulevard along 350] Coachman Point the park portion of the trail (essentially, to the light pole) with the mowing of Highview Park. The Eagan, MN 55122 balance of the trail abuts private property. On most City streets, residents are generally expected to maintain the grass boulevard when the road and /or trail right-of -way overlaps their property. Phone: 651.675.5300 'I'bis allows them to maintain the boulevard in a manner consistent with the adjoining yard and Fax: 651.675.5360 negates the need for the City to purchase additional equipment and hire additional staff for what would be a potentially overwhelming program. The City is responsible for mowing the TDD: 651.454.5535 boulevards along the County Roads and other City property. wwwdryofeagaa.com Again, thank you for the inquiry. Should you have additional questions regarding the Park please contact me at 651-675-5300. incerely THE LONE OAK TREE Paul Olson Superintendent of Parks The symbol of strength and growth in our community I ~ ~ A Linda Rolland 1540 Skyline Drive Eagan, Mn. 55121 651-454-9689 March 7, 2003 City of Eagan To Whom it May Concern, Our neighborhood collected money and had the City of Eagan install a sidewalk by our park area last year. The park is on Skyline Road between Pilot Knob Road and Highview. Due to the unsafe conditions on that road the residence of the area wanted a way to get to the park without walking out on the road on the hill. Cars could not-see you and it was a matter of time until someone got hit. We have enjoyed using the walk ,except this winter. It does not get plowed. The rest of the walk around the park and the ice rink you installed are maintained . Our walk is left unplowed, icy and unusable. Now the kids and adults are back out on the icy hill walking. Can you please let me know the status of this walk and why it is not maintained. In the summer the grass is not even cut along it, but the park is. Thank you for your time. A concerned resident, Linda M.Z. II n cc: Residence of Skyline Road Area lSD Agenda Information Memo April 1, 2003 E. ORDINANCE AMENDMENT TO EAGAN CITY CODE CHAPTER 5 REGARDING ON-SALE WINE AND BEER LICENSES ACTION TO BE CONSIDERED: To adopt an ordinance amending Eagan City Code Chapter 5, regazding on-sale wine and beer licensing; and by adopting by reference Eagan City Code Chapter 1 and Section 5.99. FACTS: • On March 18, 2003, the City Council directed the City Attorney's office to prepare an ordinance amendment to Chapter S of the City Code regarding on-sale wine and beer licensing. • Staff proposed this amendment after the City Clerk received requests for on-sale beer (3.2 malt liquor) and wine licenses by establishments that do not meet the current definition of restaurant in the Eagan City Code. Currently, in Section 5.01, the definition of restaurant prohibits the granting of liquor licenses to establishments requiring some form of self-service by the customer. Therefore, only "traditional" restaurants would be eligible for a license. Examples of "traditional" restaurants include AI Bakers and HouIihan's. 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, which incorporates the self-service concept. • Given the evolution to non-traditional or hybrid restaurants and the resulting market demand, the Council is being asked to consider a Code amendment to allow casual or non-traditional restaurants to sell wine and/or beer. The City Attorney's Office has prepared the attached draft ordinance amendment providing two distinct definitions of restaurant, i.e. traditional and casual. 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. The differentiation between traditional and casual restaurants does not affect fast food establishments, which are still ineligible for any type of liquor license. • As a matter of housekeeping, staff is proposing an additional change to Section 5.01 to broaden the definition of general food store to include convenience stores/marts. Also, a change to Section 5.33, Subdivision 6 of Chapter 5 governing beer license restrictions and regulations is being recommended to clearly allow for the issuance of on-sale beer licenses to golf courses. ATTACHMENTS: • Draft Ordinance Amendment to Chapter 5, pages ~ through. /s/ ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER FIVE, ENTITLED "BEER, WINE AND LIQUOR LICENSING AND REGULATIONS," REGARDING CLASSIFICATION OF RESTAURANTS FOR LIQUOR, BEER AND WINE LICENSES. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Five is hereby amended by changing the definition of "general food store" and deleting the definition of "restaurant" and adding the following defmitions in Section 5.01, to read as follows: General Food Store means a business, including convenience stores/marts, primarily engaged in selling food and grocery supplies to the public for off premises consumption. > , > > Traditional Restaurant: A business establishment, other than a hotel, 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 pert 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; 3. The facilities for seating shall not be less than 50 guests at one time; /s~. 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; Reusable dinnerware, such as: eating utensils, plates, bowls, and cups, is used by the customer for the consumption of the meal and beverages. 6. Bussing or cleaning of the tables is done by restaurant staff; and 7. No drive-through service is provided. Section 2. Eagan City Code Chapter Five is hereby amended by changing Section 5.33, Subd. 6, to read as follows: Subd. 6: On-sale licenses shall be granted only to bona fide clubs, traditional or casual restaurants, golf courses/clubs, and hotels. Off-sale licenses may be granted to liquor stores and general food stores. Section 3. Eagan City Code Chapter Five is hereby amended by changing Section 5.52, Subds. 10 and 11 (B), to read as follows: Subd. 10: On-sale licenses shall be granted only to hotels, traditional restaurants and clubs. Subd.ll: **** B. 27 licenses for traditional restaurants; Section 4. Eagan City Code Chapter Five is hereby amended by changing Section 5.54, to read as follows: Sec. 5.54. Sunday sales. The electorate of the city having heretofore authorized the same, aSunday on-sale liquor license may be issued to hotels, motels, traditional or casual restaurants, or clubs, as defined in this chapter, which have on-sale licenses and which also have facilities for serving not less than 38 50 guests at one time. The hours of such sales shall be from 10:00 a.m. on Sunday to 1:00 a.m. on Monday in conjunction with the serving of food, provided that the licensed establishment is in conformance with the Minnesota Clean Indoor Air Act (Minn. Stat. § 144.411 et seq.). Section 5. Eagan City Code Chapter Five is hereby amended by changing Section 5.70, Subd. H, to read as follows: Subd. H.• On-sale wine licenses shall be granted only to traditional or casual restaurants. as de~~-~-C-li~t , 0 ,,;+,, .,,v ...,,o „~~ ,.a /sue Section 6. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including "Penalty for Violation" and Section 5.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 7. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Karels Its: City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: By: Pat Geagan Its: Mayor /S ~ Agenda Information Memo April 1, 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 2003-2004 Community Center Operating Plan. FACTS: • The City Council's Community Center Operating Committee and staff have spent a great number of hours over the past three months preparing the Operating Plan for Council consideration. • The Operating Plan being presented covers the balance of 2003 and all of the first full year of operation at the Community Center, 2004. • The Operating Plan was reviewed by the Council at their March 25 Council workshop and directed to the April 1 Council meeting for formal consideration. • At the March 25 workshop, the Council recognized that flexibility will be needed in the implementation of the Plan as the Community Center begins operations and gains valuable operational experience. • The Council and staff also express their thanks to Mayor Geagan and Councilmember Carlson, who have generously given of their time to meet as an Operations Committee to provide valuable input into the Community Center Operating Plan. • The Operating Plan is presented this evening with great excitement, as the City looks forward to the Eagan community enjoying their new Community Center in the very near future. ATTACHMENTS: Per Council direction at the March 25 workshop, the operating plan has not been attached; rather each Councilmember agreed not to have the material duplicated, and instead will bring his/her operating plan that was distributed at the March 25 workshop to the April 1 Council meeting. /SS Permit fee: 525.00 CITY OF EAGAN 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122 PARADE PERl1'1IT APPLICATION ir; ~~._- Date I, ~ ~ ~ hereby make application for a Parade NAME t Fi Middle Permit for ~ ~ from the City of Eagan. The sponsoring ate organization is: ~. Name of Organizat Street Address ~~~.~~.,~ ~"7/~ ~ ~ ~S I Z Z Telephone l~ ~/ - ~i~ ,~ - ~/G L S ,- City' State Zip Describe the route, the length, estimated time of commencement and termination and the general composition of the parade: r The Chief of Police will review tl~e parade route, examining possible hazardous or inconvenient conditions. He shall make arrangements for alternate routing of traffic and any other traffic control measures. His findings will be presented to the City Council. The Council may deny or grant the permit, and/or add conditions including a date, time or route. M6ti~"r WOrA' W~ j~l Ica ~Y~E-rc -~'of TFaEF.c~ c:pn-ri~~- / 3 Jtcr_S . For City Use Oniy: Police Approval: Yes ~C) No ( ) ~i~~/ ~~~~~~" .3/ /g /ai Signed Date City Council Approval: Yes ( ) No ( ) Signed Date parade.61 $50.00 Investigation Fee $25.00 License Fee CITY OF EAGAN APPLICATION FOR SHOWS LICENSE (Shows: public show, movie, caravan, circus, carnival exhibition, theater) r L I, ~ ~~ ,hereby make application for a type of show license from the City of Eagan, which will tak on V ~ ` ~ during the hours of Z -'- ` e Z0O 3 ~ ho at ///!/ ~I r' .The purpose of this event is: . I represent i +'~ na of organi Narnes~and dresses of corp9ratie~ officers: ,~ e address phone name address phone name address phone name address phone Person in charge of event: name address phone Please give a detailed description of the proposed event: ~~~~~~.vL~- '~i 18 / 0 3 Police Approval Date ~~ RP~J~c~,'r,~-- 5~_~bsc.c:-r Tp Gon~ctC~ti"1"~on w~ ~il~~ Sr~~-~C-on Pe~b~~G Sn.~'~ iS~~.tS - $100.00 aer license CITY OF EAGAN 3820 PII.oT KNOB ROAD EAGAN, MN SS122-1897 ~ew Renewal APPLICATION FOR LICENSE TO SELL TOBACCO PRODUCTS Applicant _~DG~. f`. ~r ll./ - Resident Address ~(v~FC ~~ Birthday street cC~' state. zip Business street qit~ state zip Home Phone I~~ 1 ~O~ _ I G~ ~ Bu~s+inessnPhone (~~ ~ ~ -~~~ Business name in Eagan where tobacco is to be sold __~,te_~S .Do~~ii r~ Business address in Eagan where tobacco is to be sold I 1 ~ 5 ~' ~i ~ ~,~ TOBACCO PRODUCTS TO BE SOLD: (Check all that apply) /Cigazettes, cigazs and other smoking tobacco Snuff, plug and other chewing tobacco Clippings, cuttings and sweepings suitable for chewing or smoking Pipes and other tobacco related devices Cigarette papers and wrappers PAC GING OF TOBACCO PRODUCTS TO BE SOLD: (Check all that apply) Individual pack or can Two or more packs or cans packaged together Full cartons LOCATION OF TOBACCO PRODUCTS WITHIN BUSINESS: (Check all that apply) Self-service merchandise / Over-the-counter Accessible to store clerk only SEPARATE LICENSES SHALL BE ISSUED FOR THE SALE OF TOBACCO PRODUCTS AT EACH FIXED PLACE OF BUSINESS. TOBACCO SALES TO ANY PERSON UNDER THE AGE OF EIGHTEEN (18) YEARS IS UNLAWFUL AND IS GROUND FOR SUSPENSION OR REVOCATION OF LICENSE. I (WE) HEREBY AGREE TO OPERATE SUCH BUSINE IN ACCORDANCE WITH THE LAWS OF MINNEOSTA AND THE ORDINANCES OF THE CITY EAGAN. FOREGOING STATEMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KN EDGE ,BELIEF. DATE ~ AUTHORIZED SIGNATURE la ~ ~ - rrow FOR OFFICE USE ONLY City Council Approval Date Date Issued er license // CITY OF EAGAN 3820 PII.oT KNOB ROAD EAGAN, MN 55122-1897 New Renewal APPLICATION FOR LICENSE TO SELL TOBACCO PRODUCTS Applicant ~...Ylf7f1~ Resident Address ~~' stre/e+t Business Address ,a~ "[ street city Home Phone Business Phone 7 ~~ ~c70 l~ state. zip ~ ~~1 a 1 state zip Business name in Eagan where tobacco is to be sold -~~ Business address in Eagan where tobacco is to be sold ~(©1 TOBACCO PRODUCTS TO BE SOLD: (Check all that apply) Cigarettes, cigars and other smoking tobacco Snuff, plug and other chewing tobacco Clippings, cuttings and sweepings suitable for chewing or smoking Pipes, and, other tobacco related devices Cigarette papers and wrappers PACKAGING OF TOBACCO PRODUCTS TO BE SOLD: (Check all that appty) Individual pack or can Two or more packs or cans packaged together Full cartons LOCATION OF TOBACCO PRODUCTS WITHIN BUSINESS: (Check all that apply) Self-service merchandise Over-the-counter Accessible to store clerk only SEPARATE LICENSES SHALL BE ISSUED FOR THE SALE OF TOBACCO PRODUCTS AT EACH FIXED PLACE OF BUSINESS. TOBACCO SALES TO ANY PERSON UNDER THE AGE OF EIGHTEEN (18) YEARS IS UNLAWFUL AND IS GROUND FOR SUSPENSION OR REVOCATION OF LICENSE. I (WE) HEREBY AGREE TO OPERATE SUCH BUSINESS IN ACCORDANCE WITH THE LAWS OF NIINNEOSTA AND THE ORDINANCES OF THE CITY OF EAGAN. THE FOREGOIN STATEMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDG BE DATE ~~~-~Z--AUTHORIZED SIGNATURE FOR OFFICE USE ONLY City Councii Approval Date Date Issued MUTUAL POLICE ASSISTANCE AGREEMENT Purpose. The purpose of this agreement is to provide for the joint exercise of the parties' law enforcement powers pursuant to Minn. Stat. § 471.59 during periods of Disaster or Emergency, so that the parties may famish Assistance to each other in the event of Disaster or Emergency. It is not the purpose of this agreement to provide for or address in any way requests by one party of another party for routine services, including ordinary patrol services, not provided in the context of a period of Disaster or Emergency. 2. Definitions. Assistance -providing law enforcement personnel, equipment and materials Commanding Officer -the person designated by a Requesting Agency who is responsible for exercising tactical control of personnel and equipment provided by a Responding Agency Disaster - as defined at Minn. Stat. § 12.03, subd. 2 Emergency - an unforeseen exigent circumstance requiring immediate action beyond the Requesting Agency's capabilities Requesting Agency - a party to this agreement who has requested Assistance from one or more other parties to this agreement Requesting Official -the person designated by the Requesting Agency who is responsible for requesting Assistance from other parties Responding Agency - a party to this agreement who has provided Assistance to one or more other parties to this agreement Responding Official -the person who has been designated by the Responding Agency to determine whether and to what extent the Responding Agency should provide Assistance to a Requesting Agency 3. Requests for Assistance. Whenever the Requesting Official, in his or her sole discretion, determines that the conditions within the Requesting Agency's jurisdiction cannot be adequately addressed by that official's department because of a disaster or emergency, the Requesting Official may request orally or in writing that any other party to this agreement provide Assistance. K/K02-151 JPA Page 1 of 21 4. Response to Request for Assistance. Upon the request for Assistance from a Requesting Agency, the Responding Official for any other party may authorize, direct and permit personnel of the Responding Agency to provide Assistance to the Requesting Agency. Whether the Responding Agency shall provide such Assistance, and the extent of such Assistance, shall be determined solely by the Responding Official. The decision of a party in responding to a request shall be conclusive. Failure to provide Assistance in response to a request made pursuant to this agreement will not result in any liability to any other party. 5. Recall of Assistance. A Responding Official may at any time and in the Responding Official's sole judgment terminate and recall Assistance or any part thereof. The decision to recall Assistance provided pursuant to this Agreement will not result in liability to any other party. 6. Direction and Control. Personnel and equipment of a Responding Agency shall remain under the direction and control of the Responding Agency. However, such personnel shall be subject to tactical control of the Requesting Agency. Law enforcement officers who are assisting the Requesting Agency shall follow the lawful orders and commands of the Commanding Officer then on duty in the Requesting Agency during the period that Assistance is being provided. The Commanding Officer in the Requesting Agency shall designate the radio channel that will be used during the period that Assistance is being provided. 7. Exercise of Police Power. An officer providing Assistance to any Requesting Agency pursuant to this agreement has the full and complete authority of a peace officer as though appointed by the Requesting Agency and licensed by the State of Minnesota provided the officer meets the requirements set forth at Minn. Stat. § 471.59, subds. 12(1) and (2). 8. Compensation. When a Responding Agency provides personnel to a Requesting Agency, such personnel shall be compensated by the Responding Agency just as if such personnel were performing the duties within and for the jurisdiction of the Responding Agency. No charges will be levied by a Responding Agency for Assistance provided to a Requesting Agency pursuant to this K/K02-151 JPA Page 2 of 21 Agreement unless that Assistance continues for a period exceeding 48 hours. If assistance provided pursuant to this Agreement continues for more than 48 hours, and the Assistance is not provided in connection with a criminal investigation, the Responding Agency shall submit to the Requesting Agency an itemized bill for the actual cost of any Assistance provided, including salaries, overtime, materials and supplies. The Requesting Agency shall reimburse the Responding Agency for that amount. 9. Compensation for Equipment and Supplies. When a Responding Agency provides equipment to a Requesting Agency, the Requesting Agency shall provide all routine fueling and servicing of the Responding Agency's equipment. The Requesting Agency shall return to the Responding Agency any equipment provided pursuant to this agreement as well as any unused materials, either pursuant to a request pursuant to paragraph 5 above or upon resolution of the conditions giving rise to the request for Assistance. 10. Workers' Compensation. Each party to this agreement shall be responsible for injuries to or death of its own personnel. Each party shall maintain workers' compensation coverage or self- insurance coverage, covering its own personnel while they are providing Assistance pursuant to this agreement. Each party to this agreement waives the right to sue any other party for any workers' compensation benefits paid to its own employee or their dependents, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees or agents. 11. Damage to Equipment. Each party shall be responsible for damage to or loss of its own equipment. Each party waives the right to sue any other party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other party or its officers, employees or agents. 12. Liability. (1) For purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. Ch. 466), the employees and officers of the Responding Agency are deemed to be employees of the Requesting Agency. (2) The Requesting Agency agrees to defend and indemnify the Responding K/K02-151 JPA Page 3 of 21 Party against any claims brought or actions filed against the Responding Agency or any officer, employee, or volunteer of the Responding Agency for injury to, death of, or damage to the property of any third person or persons, arising from the provision of Assistance pursuant to a request for Assistance by the Requesting Party under to this agreement. (3) Under no circumstances, however, shall a Requesting or Responding Agency by required to pay on behalf of itself and other parties to this Agreement any amounts in excess of the limits of liability established in Minn. Stat. Ch. 466 applicable to any one party. The limits of liability for some or all of the parties may not be added together to determine the maximum amount of liability for any one party. 13. Parties. The parties to this agreement shall consist of as many of the following entities that approve this agreement and execute a separate signature page to become parties: County of Dakota; City of Apple Valley; City of Burnsville; City of Cottage Grove; City of Eagan; City of Farmington; City of Hastings; City of Inver Grove Heights; City of Lakeville; City of Mendota Heights; City of Northfield; City of Rosemount; City of South Saint Paul; City of West Saint Paul; Metropolitan Airports Commission; and Metropolitan Council. An executed signature page shall be sent to the Dakota County Sheriff, together with a certified copy of the documentation evidencing approval of the agreement by the entity. Approval of this agreement shall be evidenced by (a) for a city, a resolution adopted by the governing body; or (b) for any other entity, a resolution adopted by the governing body or a letter executed by an official with sufficient authority to bind that party, which recites the basis of that authority. 14. Effective Date. This agreement shall be effective as of the date that any two parties have executed a signature page as provided in paragraph 13 and have provided the necessary documents to the Dakota County Sheriff. Dakota County Sheriff will send copies of executed signature pages to the other parties but shall maintain the original signature pages in his department. This agreement shall remain in effect as to any party until such time as a party withdraws pursuant to paragraph 15 or until this agreement is terminated by operation of law or until the number of parties K/K02-151 JPA Page 4 of 21 falls to less than two. On the date than a party executes a signature page pursuant to paragraph 13, this agreement shall supersede for that party the Agreement Between Dakota County and Municipalities For Joint and Cooperative Use of Police Personnel and Equipment (1991). 15. Withdrawal. Any party may withdraw from this agreement upon thirty (30) days' written notice to the other parties as provided in pazagraph 16. Withdrawal by any party shall not terminate this agreement with respect to any parties who have not withdrawn. Withdrawal shall not act to discharge any liability incurred by any party prior to withdrawal. Such liability shall continue until discharged by law or agreement. 16. Notice. Notice of withdrawal shall be provided by first class mail to the following: Dakota County Sheriff Inver Grove Heights Director of Public Law Enforcement Center Safety 1580 Highway 55 8150 Barbara Avenue Hastings, MN 55033 Inver Grove Heights, MN 55077 Apple Valley Chief of Police 7100 147`h Street West Apple Valley, MN 55124 Lakeville Chief of Police 20110 Holyoke Avenue South Lakeville, MN 55044 Burnsville Chief of Police 100 Civic Center Parkway Burnsville, MN 55337 Cottage Grove Chief of Police 7516 South 80"' Street Cottage Grove, MN 55016 Eagan Chief of Police 3830 Pilot Knob Road Eagan, MN 55122 Farmington Chief of Police 325 Oak Street Farmington, MN 55024 Hastin~s Chief of Police 150 3r Street East Hastings, MN 55033 Mendota Heights Chief of Police 11 U 1 Victoria Curve Mendota Heights, MN 55118 Northfield Chief of Police 300 West 5th Street Northfield, MN 55057 Rosemount Chief of Police 2875 145th Street West Rosemount, MN 55068 South St. Paul Chief of Police 125 3~d Avenue North South St. Paul, MN 55075 West St. Paul Chief of Police 1616 Humboldt Avenue West St. Paul, MN 55118 K/K02-151 JPA Page 5 of 21 PUBLIC SAFETY DISPATCH AGREEMENT THE CITY OF EAGAN AND THE CITY OF ROSEMOUNT THIS AGREEMENT is made and entered into this Lst day of January, 2003 by and between THE CITY OF EAGAN, Dakota County, Minnesota, (hereinafter "Eagan") and THE CITY OF ROSEMOUNT, Dakota County, Minnesota, (hereinafter "Rosemount"). WITNESSETH: WHEREAS, Eagan and Rosemount are authorized by Minn Stat. §412.221 to establish, equip, and operate a police department to protect and safeguard life and property and to furnish police protection in each of the parties' respective municipality; and WHEREAS, Eagan and Rosemount are authorized by Minn Stat. §436.05 and §471.59 to enter into this Agreement for the furnishing of police and fire dispatch services by Eagan on behalf of Rosemount; and WHEREAS, Rosemount has requested and Eagan has accepted the provision of dispatch services, subject to the terms and conditions contained herein; and WHEREAS, police and fire dispatch services by the Eagan Police Department on behalf of Rosemount are required in order that emergency calls for police and fire services within Rosemount are effectively received and dispatched to the appropriate Rosemount public safety units; and WHEREAS, Rosemount acknowledges the benefit to the operation of the Rosemount Police and Fire Departments by the availability of such dispatch services and determines it is in the best interest of Rosemount and the public to provide compensation to Eagan for the services referred to above. NOW, THEREFORE, it is mutually agreed by Eagan and Rosemount hereto as follows: A. P(~T.T~R ANT) FTRF. T)TSPATCT-T ~F.RVTCF.S 1. Eagan Public Safety Answering Point ("EPSAP") shall dispatch Sunday through Saturday, 24 hours per day, Rosemount police emergency calls to the appropriate Rosemount police public safety units via radio or shall relay emergency calls by telephone to designated telephones when radio communications cannot be obtained. Rosemount shall install appropriate 9-1-1 telephone lines and radio equipment into the EPSAP for the receiving and dispatching of emergency police calls as deemed necessary by Rosemount and shall be solely responsible for the costs incurred therefor. 2. Eagan shall dispatch, Sunday through Saturday, 24 hours per day, Rosemount fire emergency calls to the extent that EPSAP shall answer emergency calls and place the calls to the Rosemount Fire Department but shall not undertake any fire vehicle dispatching for Rosemount Fire Department. Rosemount shall install appropriate 9-1-1 telephone lines and radio equipment into the EPSAP for the receiving and dispatching of emergency fire calls as deemed necessary by Rosemount and shall be solely responsible for any and all costs incurred therefor. 3. Rosemount shall provide for and answer all its police business office and non-emergency telephone calls Monday through Friday during the hours of 7:00 a.m. to 7:00 p.m., excluding those days which the City of Rosemount recognizes as holidays, and shall not cause such telephone calls to be transmitted to the EPSAP. EPSAP shall be responsible for such calls during those days and hours not designated above as Rosemount's responsibility. 4. EPSAP personnel shall log all incoming police and fire emergency calls and set forth the time, date, event, public safety unit dispatched and name of complainant, when available. An audio-tape of all emergency calls shall be made and be made available to Rosemount to monitor at a reasonable time at the EPSAP. Tapes shall be kept on file for twenty-eight (28) days and then erased, except that tapes shall be kept on file for a longer period upon a written request from Rosemount for a specific tape. 5. All dispatching services performed and furnished under this Agreement shall be in accordance with the EPSAP policies and procedures. 6. The acquisition of radio equipment by Rosemount and, any modification thereto, shall be made at the expense of Rosemount. 7. Any Eagan police or fire personnel acting under this Agreement shall not by reason thereof be classified as an employee of Rosemount. $. ~(~MPFNRATTON ANI~ F.XPF.N4F. RF.TMRTTRSF.MF.NT Rosemount agrees to pay Eagan the following monies as and for the police and fire dispatch services as described in Paragraph a. l .herein: a. For Calendar Year 2003: 1. The total contractual amount for 2003 services equals $61,497.00. Rosemount will remit this amount to Eagan no later than 30 days after receipt of invoice. Future billings will be adjusted by the percentage of increased cost of operations for Eagan dispatch. This amount will be recalculated annually. 2. Rosemount shall reimburse Eagan for any compensatory payments made by Eagan to its dispatch personnel for court prepazation or appeazances as witnesses for Rosemount police or fire dispatching matters. C. TERM ANT) RRMnVAT. 1. This Agreement shall become effective on January 1, 2003 and shall terminate on December 3I, 2003. 2. In the event Rosemount terminates or otherwise cancels this agreement prior to its termination date, Rosemount shall; nevertheless, be bound by the terms of payment under this Agreement and shall not be entitled to reimbursement of any monies paid under this Agreement. D. T.TARTT.TTY T. Rosemount agrees to indemnify, defend and hold Eagan harmless from any claims, demands, actions, or causes of action arising out of any act or omission on the part of Eagan or its agents, servants or employees in the performance of or with relation to any of the work or services performed or furnished by Eagan under this Agreement. Nothing herein shall be deemed a waiver by either the city of Eagan or the city of Rosemount of the limitations on liability set forth in MinnPCnta Rtatnres, Chapter 466. E. AT.TFRATTnN (7R MnT)TFTC:ATT(~N (~F A~RF.F.MF.NT 1. Any alteration, variation, modification or waiver of any provision of this Agreement shall be valid only after it has been reduced to writing and duly signed by both parties. 2. This Agreement shall constitute the entire Agreement between the parties and shall supercede all prior oral or written negotiations or agreements relating to the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. APPROVED AS TO FORM: Eagan City Attorney Dated: CITY OF EAGAN By: Patrick Geagan Its: Mayor By: Maria Karels Its: City Clerk 3 APPROVED AS TO FORM: Rosemount City Attorney Dated: ~ - ~ k - O ;~ STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) By: William H. Droste Its: Mayor By: Linda Jentink Its: City Clerk On this day of 2003, before me a Notary Public within and for said County, personally appeared PATRICK GEAGAN and MARIA KARELS to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public CITY OF ROSEMOUNT STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) On this ~ 3 ~ day of ~ M"~ 2003, before me a Notary Public within and for said County, personally appeazed WILLIAM H. DROSTE and LINDA JENTINK to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Rosemount, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. CINDY DORNIDEN ~ . , NOTARY PUBLIC . A~ONNESOTA ~`' 1dyCommfsston ~" Expirs~ Jan. 31.2005 Notary Public 5