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04/15/2003 - City Council RegularAGENDA EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER $UILDING APRIL 15, 2003 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA A. APPROVE MINUTES ~~B. PERSONNEL ITEMS ~,~5 C. CHECK REGISTERS p~6 D. ADOPT 2003 Minnesota State Building and Fire Codes ~p E. APPROVE Final Subdivision, Thorpe Woodland Gardens 2°d Addition - Tilsen Homes, Inc. / 33 F. APPROVE Temporary Liquor License for Eagan Foundation for a Wine Tasting Event on May / 15, 2003 ~3~ G. APPROVE Temporary On-Sale Beer License for Eagan Lions Club for the 4`}' of July Celebration (July 2-5, 2003) 3s H. APPROVE Designation of New Municipal State Aid Roadways ®3~ I. APPROVE Resolution Requesting Cooperative Agreement Funding/Local Cost Participation for TH 149/Wescott Road Intersection (Traffic Signa] Improvements) ~~ J. APPROVE Resolution Requesting a Limited Use Permit from MNDOT for Contract 03-01 (Town Centre Area -Street & Access Management Improvements) ~3-/ K. RECEIVE Feasibility Report and Schedule Public Hearing for Project 884 (Borchert Lane - Street Improvements) t fOL. APPROVE Arbor Day Proclamation, May 3, 2003 PL'' M. ACCEPT Project (Well House and Pavilion -Central Parkway) and Approve Final Pay ~D Request, Ebert Construction ~~N. ADOPT Findings of Fact for Denial for an Interim Use Permit -Beautiful Savior Lutheran r Church ~SI O. ADOPT Findings of Fact for Denial for a Planned Development Amendment -Hollywood ~c Video pJJ P. ADOPT Resolution in Support of Those Serving in the United States Armed Forces / S,Q. APPROVE 2003 Commercial Fertilizer Applicator Licenses ~Sg R. APPROVE 2003 Tree Maintenance Contractor License p S. APPROVE Agreement to Lease Two (2) Harley Davidson Motorcycles for Training Purposes ~as9oT. APPROVE Winter Trail Maintenance Plan for 2003-2004 ,~~b; U. AUTHORIZE Replacement of Dasher Board Surface, West Arena f,~p V. APPROVE Revised Purchase Offer for Sale of 4185 Strawberry Lane Property ~p63W. APPROVE Land Acquisition for Creation of JP-47.2 Alum Settling Basin ~/ RECEIVE Communications Committee minutes and approve 2003 Communication Plan P~ ~Y. APPROVE the 2003 Goals of the Airport Relations Commission (ARC) V. 6:30 -PUBLIC HEARINGS A. VARIANCE -Northern Power Products. A Variance request to add two product signs, beyond the one allowed on Lot 1, Block 1, Northern Power Products Addition, located at 2859 Lexington Avenue in the SE '/< of Section 3. g~ B. PROJECT 806R - Kennerick Addition. Pond HDP-1 -Trunk Storm Sewer Outlet. Continued from 2-18-03. 1 ~ ~,r. C. VACATE PUBLIC DRAINAGE & UTILITY EASEMENT -Lot 1, Block 1, Town Centre 70 15~' Addition. VI. OLD BUSINESS ~' ~ A. VARIANCE MODIFICATION- Rob Mueller. Request to modify a condition of an approved garage variance to allow water and sewer connections to the detached garage on Lot 14, Block 1, Safari Estates, located at 1944 Safari Trail in the SW '/4 of Section 32. ~a~ B. RECEIVE BIDS/AWARD CONTRACT -Contract 03-11, Kennerick Addition -Storm Sewer. VII. NEW BUSINESS ~~~ ~A. CONDITIONAL USE PERMIT AMENDMENT - Lex Properties. A Conditional Use Permit Amendment to allow for an increase in outdoor storage ofnon-business related items on Lot 1, Block 1, Eagandale Center Industrial Park No. 10, located at 2905 Lexington Ave. S. in the SE '/< of Section 3. 1 ~3 B. PLANNED DEVELOPMENT AMENDMENT -Cornerstone Self Storage. A 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. VIII. COMMUNITY CENTER UPDATE IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE ~~ ~s A. Appoint representative to the Minneapolis-St. Paul Noise Oversight Committee, per the recommendation of the Airport Relations Commission. X. ADMINISTRATIVE AGENDA A. Comments by City Council, City Administrator, and Department Heads 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~ ~ 3~~ ' city of eagan MEMO MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 11, 2003 SUBJECT: AGENDA INFORMATION FOR APRIL 15, 2003 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the April 15, 2003 City Council agenda, the following items are in order for consideration. Agenda Information Memo April 15, 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 April 1, 2003 regular City Council meeting, the April 1, 2003 Listening Session, the April 8, 2003 City Council workshop and the March 25, 2003 City Council workshop as presented or modified. ATTACHMENTS: • Minutes of the April 1, 2003 regular City Council meeting are enclosed on pages through • Minutes of the April 1, 2003 Listening Session are enclosed on page _~. • Minutes of the April 8, 2003 City Council workshop are enclosed on pages ~ through is • Minutes of the March 25, 2003 City Council retreat are enclosed on page ~:.~~ a D D A ~ T MINUTES EAGAN CIT OUNCIL G OF THE DR 1` Eagan, Minnesota • ~ T April 1, 2003 A regular meeting of the Eagan City Council was held on Tuesday, April 1, 2003 at 6:30 p.m at the Eagan Municipal Center. Present were Mayor Geagan and Councihnembers Carlson, Fields, Tilley and Maguire. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Duector of Public Works Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary/Deputy Clerk Mira McGarvey. AGENDA Councilmember Tilley moved, Councihnember Carlson seconded a motion to approve the agenda. Aye: 5 Nay: 0 CONSENT AGENDA A. Minutes . It was recommended 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. B. Personnel Items. 1. It was recommended to approve the hiring of Brian Kruckow as a full-time custodian/maintenance worker at the Community Center. 2. It was recommended to approve the hiring of Charles Russell and David Colgan as part-time custodian/maintenance workers at the Community Center. 3. It was recommended to approve the hiring of Heidi Sedlacek, Lynette Bauer, Ellen Wiggins-Odean, Aaron Tinklenberg and Jessica Kropehucki as part time managers on duty at the Community Center. 4. It was recommended 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. 5. It was recommended to approve the hiring of Kristin Fleming, Sara Swanson, Brandon Halverson, Becky Gordon, Laura Harvey, Stephanie Dauphin, Corey Bums, Cody Knutson, Alyssa Myhre, Elisa Swenson, Mike Mason, Matt Spurr and Angela Knoll as Cascade Bay seasonal staff for 2003. 6. It was recommended to approve the hiring of Dave Junkers, Robert Rausch, Ryan Rausch, Delbert Keene, Roy Prudence, Ryan Neumann, Grant Gilbertson, Kathryn Love, Richard Lemma, Dan Myers, Luke Selby, Tammy Sullivan, Tom Irvin, Kevin Weber, Fzank Lacer, Anthony Davis, Al Watcher, Andrew Kop pang, Jeffrey Broker, Bryon Seppatnaki, Benjamin Koenke, Brian Banaszewski, Gordon Dentinger, Lynn Streefland, Dave Streefland, Leroy Rother, Jake Loesch, Kellie Grimm, Alexix Drews, Jon Steining, Dave Guenther, Anthony Casalenda, Dan Kriha, Briaa Hopkins, Christopher Hoffman, Richard Sullivan, Jason Wheeler, Peter McIlhon, Cody Kleinboehl, Glen Smith, Adam Keeler and Jacob Nicklay as Park Maintenance seasonal staff for 2003. 7. It was recommended to approve the hiring of Mike Sombrio as a seasonal tree inspector in the Forestry Division. 8. It was recommended to approve the hiring of Gene Bacon as a seasonal forestry technician in the Forestry Division. 9. It was recommended to approve the hiring of Jim Rusch, Chris Wernick, Ryan Teskey and Aazon Guetzlaff as seasonal landscape laborers in the Forestry Division. 10. It was recommended to approve the hiring of Tom Struve as Street Superintendent to replace a vacancy due to the retirement of Arnie Erhart. C. Check Re is¢ ters. It was recommended to ratify the check registers dated March 20, 2003 and March 27, 2003 as presented. D. Parade Permit and Shows License. It was recommended to approve a Parade Permit for a parade to be held July 4ei and a Shows License for a carnival to be held at the community pazk July 1-6, 2003 for the 4`s of July Committee. E. Commercial Fertilizer Licenses. It was recommended to approve 2003 new Commercial Fertilizer License for Davey Tree, 1500 N. Mantau St, Kent, OH; and approve 2003 Commercial Fertilizer License renewal for AAA lawn Service, 15208 Cy. Rd. 5, Burnsville, MN. F. Tree Contractor License renewals. It was recommended to approve 2003 Tree Contractor License renewals for Ciardelli Tree and Landscaping, 12441 Coffee Trail, Rosemount, MN, and Davey Tree, 2500 Fernbrook Lane, Kent, Ohio. 3 Eagan City Council Meeting Minutes April 1, 2003 Page 2 °RaFr G. Motorized Golf Cart Application. Pulled for discussion H. New Tobacco License Application. It was recommended to approve 2003 New Tobacco Licenses for Bonfire Restaurant, 1555 Cliff Road and K-Liquor, 1274 Lone Oak Road. I. Mutual Aid Police Assistance Agreement. It was recommended to approve an updated Police Mutual Aid Agreement between neighboring law enforcement agencies. J. Certification of Delinquent Utilities. It was recommended to set a Public Hearing date for May 6, 2003 for the certification of delinquent utility bills to Dakota County for collection with property taxes. K. Certification of Delinquent False Alarm Bills. It was recommended 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. L. Certification of Delinquent Weed Cutting Bills. It was recommended 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. M. Off=Sale Liquor Licensee Name Change. It was recommended to approve an off-sale liquor licensee name change from MGM Spirits Express, Inc. to MGM Wine & Spirits, Inc. N. Moonshine Park Shoreline Habitat Program Grant Application. It was recommended to 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. O. Final Subdivision. It was recommended 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. P. Final Subdivision. It was recommended 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 '/< of Section 36. Q. Assistance to Firefighters Grant. It was recommended to authorize the submittal of a grant application for the Assistance to Firefighters Grant (AFG) through the Federal Emergency Management Agency (FEMA). R, Contract 03-04. Pulled for separate vote S. Duckwood Drive - No Parkine. It was recommended to 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. T. Denmark Avenue - No Parkine. It was recommended to approve a resolution to prohibit parking on Denmark Avenue between Duckwood Drive and Tamarzc Point and authorize the Mayor and City Clerk to execute all related documents. U. 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 May 6, 2003. V. Drainage and Utility Easement. It was recommended to approve an Easement Agreement for Drainage and Utility Purposes with the State of Minnesota for Parcel 10-03100-010-02 (2070 Cliff Road) and authorize the Mayor and City Clerk to execute all related documents. W. Removed from A eg nda. X. Project 751R. It was recommended to approve an Engineering, Construction and Right-of--Way Acquisition Agreement for Project 751R (Dodd Road, Cliff Road to Butwin Road -Street & Utility Improvements0 with the Dakota County Highway Department and authorize the Mayor and City Clerk to execute all related documents. Y. Lease. It was recommended to approve Convention and Visitor's Bureau Lease for Community Space. Z. Contract 03-O1. It was recommended to receive the bids for Contract 03-01, Town Centre Area -Traffic Signal Improvements), award contract to ACT Electronics or 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. AA. Purchase Offers. It was recommended to accept purchase offers for City-owned homes at 2246 Clark Street, and 4185 Strawberry Lane. BB. Transfer of Funds. It was recommended 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 Fair. Eagan City Council Meeting Minutes April 1, 2003 Page 3 RAFT CC. Service Agreement. It was recommended to approve cone-year water meter reading service agreement with SL-Serco, with an option for a second year. DD. Contract 01-14. It was recommended to approve the fmal 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. EE. Burnsville/Eaean Community Television Volunteer Appreciation Day. It was recommended to proclaim Thursday, Apri13, 2003 as Burnsville / Eagan Community Television Volunteer Appreciation Day. FF. mace Da,Y It was recommended to proclaim May 1, 2003 as Space Day in the City of Eagan. GG.2002 Public Safet~Dispatch Agreement. It was recommended to approve the 2003 Public Safety Dispatch Agreement. HH. 2003 Parks and Recreation CIP. It was recommended to approve 2003 Parks CIP and Guidelines for 2004- 2008. II. National Dav of Prayer. It was recommended to proclaim May 1, 2003 as National Day of Prayer. JJ. Town Centre Drive - No Parkin. It was recommended to 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. KK. Cash Vl~ater Oualitv Dedication Fee for 2003. It was recommended to increase excavation rate used to calculate cash water quality dedication fees from $3.00 to $4.50 per cubic yard. LL. Verizon Telecommunications Lease Amendments. It was recommended to 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 Ciry Clerk to execute all related documents. MM. Consumption and Displav Application. It was recommended to approve the renewal of a consumption and display (Set Up) Permit application for Grand India Restaurant located at 1260 Town Centre Drive. NN. Consumption and Display Application. It was recommended to approve the renewal of a Consumption and Display (Set Up) Pernut application for Parlcview Golf Course located at 1310 Cliff Road. Councilmember Tilley moved, Councihnember Fields seconded a motion to approve the balance of the Consent Agenda. Aye: 5 Nay: 0 G. Motorized Golf Cart Application. A 2003 Motorized Golf Cart application for Michael Krolick, 1059 Hummingbird Lane. City Administrator Hedges explained the request of Michael Krolick for a license to drive a motorized golf cart. Councihnember Fields moved, Councilmember Tilley seconded a motion to approve a Motorized Golf Cart application for Michael Krolick. Aye: 5 Nay: 0 R. Contract 03-04. Plans and specifications for Contract 03-04 (TH55/Gift of Mary -Street & Utility Improvements) and authorization for the advertisement for a bid opening to be held at 10:30 a.m on Thursday, May 1, 2003: Councihnember Fields moved, Councihnember Carlson seconded a motion to approve the plans and specifications for Contract 03-04 (TH 55/Gift of Mary -Street & Utility Improvements0 and authorize the advertisement for a bid opening to be held at 10:30 a.m on Thursday, May 1, 2003. Aye: 4 Nay: 1 Tilley opposed OLD BUSINESS INTERIM USE PERMIT -PETER LUND (ROAD EQUIPMENT PARTS CENTER) This item was continued to the May 20, 2003 Council meeting. s Eagan City Council Meeting Minutes O April 1, 2003 ~~ Page 4 F T CONTRACT 03-09, COACHMAN WATER TREATMENT PLANT (EJ-PANSION AND MODIFICATION) Plant. Ciry Administrator Hedges discussed this item regarding expansion of the Coachman Water Treatment Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the plans and specifications for Contract 03-09 (Coachman Road Water Treatment Plant, Expansion and Modification) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, May 22, 2003. Aye: 5 Nay: 0 NEW BUSINESS INTERIM USE PERMIT -BEAUTIFUL SAVIOR LUTHERAN CHURCH City Administrator Hedges introduced this item regarding an Interim Use Permit to allow temporary outdoor storage and use of Recreational Vehicles in the Beautiful Savior Lutheran Church parking lot located at 4150 Pilot Knob Road. Senior Planner Ridley gave a staff report. Darrell Isebrand, representing Beautiful Savior Church, discussed the Builders for Christ volunteer organization that will be building an addition to the Beautiful Savior Lutheran Church, explaining that the volunteers travel and live in recreational vehicles. Councihnembers discussed the issue of setting a precedent by allowing such an interim use permit. Additional conditions were discussed regarding no children being allowed on the site and no bon foes. Councihnember Tilley moved, Councihnember Carlson seconded a motion 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 following conditions: This Interim Use Permit shall allow outdoor storage of up toll 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. Church shall work with Planning staff regarding feasibility to park 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. 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. 6 Eagan City Council Meeting Minutes DR~ April 1, 2003 Page 5 7. The ICTP shall be recorded at Dakota County prior to issuance of any building permit or outdoor storage occurring. 8. No children shall be allowed on the site. 9. No bon fires shall be permitted on the site. Aye: 2 Nay: 3 Geagan, Fields, Maguire opposed. Motion Failed Councilmember Fields moved, Councilmember Maguire seconded a motion to direct the City Attorney to draft Findings of Fact for Denial for an Interim Use Pernut to allow temporary outdoor storage and use of Recreational Vehicles I the church pazking lot located at 4150 Pilot Knob Road. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT (HOLLYV~'OOD VIDEO) City Administrator Hedges introduced this item regarding a Planned Development Amendment to increase the allowable building signage on the retail building located at 2020 Cliff Road. Senior Planner Ridley gave a staff report. Greg Gallis, representing Hollywood Video, discussed the proposed signage, stating his company would be willing to trade the pylon sign for increased building signage. Councihnembers discussed the need for consistency v~~ithin the Planned Development. Councihnember Carlson moved, Councihnember Fields seconded a motion to direct the City Attorney to prepare Findings of Fact for denial of a Planned Development Amendment to increase the allowable building signage on the retail building located at 2020 Cliff Road. Aye: 4 Nay: 1 Maguire opposed WINTER TRAIL MAINTENAl`TCE PROGRAM City Administrator Hedges introduced this item regarding the Winter Trail Maintenance Plan/Policy for 2003-2004. Public Works Director Colbert gave a staff report, discussing citizen petitions, citizen requests and additional considerations. Discussion was held regarding the various requests, petitions and considerations. Councihnember Tilley moved, Councihnember Fields seconded a motion to continue consideration of Citizen Petition #1 by residents of Gramercy Park Eagan for switching plowing from the south side to the north side of Yankee Doodle Road, and the 2°d portion of Citizen Petition #2 pertaining to adding the west side of Pilot Knob Road between Lone Oak and Towerview Road. Aye: 5 Nay: 0 Councilmember Carlson moved, Councihnember Tilley seconded a motion to deny Citizen Petition #2 by residents of the Timberwood Village Seniors community for plowing the interior trials of Pilot Knob Park. Aye: 4 Nay: 1 Maguire opposed. Councilmember Tilley moved, Councihnember Fields seconded a motion to deny Citizen Request #1 to add plowing of the trailway on the north side of Skyline Drive immediately east of Highridge Terrace to the entrance of Highview Park. Aye: 5 Nay: 0 Councihnember Carlson moved, Councihnember Tilley seconded a motion to approve Additional Consideration #1 for adding the west and north side of Central Parkway to accommodate pedestrians who may wish to use the services provided by the Community Center. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes D ^ April 1, 2003 ~ F Page 6 Councihnember Tilley moved, Councihnember Carlson seconded a motion to delay consideration of adding the north and east side of the new Cedar Grove Parkway segment between Rahn Road and State Highway 13 (Additional Consideration #2) and delay consideration of adding the north side of Silver Bell Road between Cedar Grove Parkway and the entrance to Silver Bell Center (Additional Consideration #3). Aye: 5 Nay: 0 Councihnember Carlson moved, Councilmember Fields seconded a motion to bring future Winter Trail Maintenance Requests to a Council workshop rather than a regular City Council meeting. Aye: 5 Nay: 0 Director Colbert then informed the Council that this last motion would create a conflict with the current policy and that the Council should consider revising the policy accordingly. Councihnember Fields moved, Councihnember Carlson seconded a motion to amend the Winter Trail Maintenance Policy to require any requests for changes be submitted in writing to the City by April l:t of each year and then scheduled for Council consideration at the next available workshop with formal approval at a subsequent regular Council meeting. Aye: 5 Nay: 0 ORDINANCE AMENDMENT TO EAGAN CITY CODE CHAPTER 5 REGARDING ON-SALE WINE AND BEER LICENSES City Administrator Hedges discussed this item regarding an ordinance amending Eagan City Code Chapter 5, regarding on-sale wine and beer licensing. John Riding, General Manager of Noodles Restaurant, explained their service procedures for providing food and alcoholic beverages. Councihnember Carlson moved, Councihnember Tilley seconded a motion to adopt an ordinance amending Eagan City Code Chapter 5, regarding on-sale wine and beer licensing; and by adopting by reference Eagan City Code Chapter 1 and Section 5.99. Aye: 5 Nay: 0 COMMUNITY CENTER UPDATE City Administrator Hedges discussed the 2003-2004 Community Center Operating Plan. Councilmember Fields moved, Councilmember Maguue seconded a motion to approve the 2003-204 Community Center Operating Plan. Aye: 5 Nay: 0 LEGISLATIVE/INTERGOVERMENTAL AFFAIRS UPDATE Dtrector Colbert informed the Council of his testimony before the Senate Transportation Committee early that afternoon regarding the Transportation Utility Fee and the subsequent approval of that bill by the Committee. ADAZIl\'ISTRATIVE AGENDA CAPONI ART PARK City Administrator Hedges discussed framework for study issues to be conducted by the APrC regarding the Caponi Art Park. Councihnember Fields moved, Councihnember Tilley seconded a motion to approve the work directive to the APrC for their review and study of the Caponi Art Park. Aye: 5 Nay: 0 g Eagan City Council Meeting Minutes D /~~ April 1, 2003 I ~" F ~' Page 7 RECOMMENDATION BY EAGAN AIRPORT RELATIONS COMMISSION City Administrator Hedges discussed a request by the ARC that the Metropolitan Airports Commission video tape their monthly Commission meetings in order to allow Eagan and other local communities the opportunity to play back the MAC meetings via their local cable access stations. Councihnember Fields moved, Councilmember Tilley seconded a motion to authorize a letter, per the request of the ARC, to the Metropolitan Airports Commission to video tape monthly their Commission meetings. Aye: 5 Nay: 0 City Administrator Hedges discussed the need for additional Council work sessions for the month of April. Councilmember Carlson moved, Councilmember Tilley seconded a motion to set Apri122, 2003 as a Council Retreat to begin at 5:00 p.m. and Apri129, 2003 as a work session along with the Economic Development Commission at 6:00 p.m Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Carlson seconded a motion to adjourn the meeting at 9:00 p.m. and went into Executive Session to discuss Police Dispatcher contract negotiations. Date Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. 9 0 MINUTES OF A LISTENING SESSION OF THE EAGAN CITY COUNCIL ~~ APRIL 1, 2003 6:00 P.M. The Eagan City Council held a Listening Session on April 1, 2003 at 6:00 p.m. In attendance were Mayor Geagan, Councihnembers Carlson, Fields, Tilley and Maguire. Rob and Nancy Peterson were present to discuss the Hilltop Pond LP-63 Project, requesting the project be postponed until the fall or winter of 2003 due to active nesting of waterfowl and the possible detrimental effect to the pond's ecology. Council directed staff to contact the contractor for the project and place the item on a future work session agenda for discussion. The Listening Session adjourned at 6:30 p.m. Respectfully submitted, Mira McGarvey Administrative Secretary /Deputy City Clerk /0 MINUTES OF A SPECIAL CITY COUNCIL MEETING ~~[ APRIL 8, 2003 ~(~ A 1 5:30 P.M. D R CITY HALL R~ ~` COMMUNITY ROOM /" T A Special City Council meeting was held on Tuesday, April 8, 2003 at 5:30 p.m. at the Eagan Municipal Center. Those present at the meeting were: Mayor Geagan, Councilmembers Carlson, Fields, Tilley, and Maguire, as well as City Administrator Hedges, Assistant to the City Administrator Lord, Director of Administrative Services VanOverbeke, Senior Plaruier Ridley, Water Resources Coordinator, City Engineer Matthys, and Public Works Director Colbert. ROLL CALL AND AGENDA The Mayor called the meeting to order and noted that Councilmember Carlson would be arriving at 6 P.M. Councilmember Fields moved, Councilmember Maguire seconded a motion to adopt the agenda. Aye: 4 Nay: 0 VISITORS TO BE HEARD There were no visitors to be heard. REVIEW SHORELAND ZONING ORDINANCE/CREEK BUFFER CONDITION City Administrator Hedges introduced the item as a discussion regarding the City's buffer requirements for the two creeks in Special Area 5 (Cedarvale Area), located in the northeast quadrant of Cedar Avenue and Highway 13. Senior Planner Ridley presented information on the shoreland zoning requirements of the City, as well as the requirements of the DNR, noting that the City's ordinance is more restrictive than the DNR's. Ridley informed the Council of discussions with the DNR staff, who stated that the DNR would be amenable to changes in the City's shoreland zoning regulations provided the restrictions remain the same and or more stringent that the DNR's regulations. The City Council discussed the DNR's requirements and the rationale behind the creek buffer area. Three Eagan residents addressed the Council, asking that the City relax their shoreland zoning requirements. Water Resources Coordinator Macbeth addressed the Council regarding the State's definition of shoreland, noting that the shoreland is the area within the defined 300' buffer. The City Council noted their desire to provide homeowners with the most flexibility, while protecting the area, meeting environmental standards, and following State requirements. The Council directed staff to prepare information in the following areas to be brought to a Council workshop: 1.) Issues of legality (Were the restrictions on the land put in place after the homeowners had purchased the land?); 2.) Show concentric circles within the buffer to identify which parcels are affected by the shoreland zoning regulations (place an X in each parcel to identify where each home is located); 3.) Provide a summary of the State's definitions/regulations regarding shoreland zoning requirements; 4.)Identify permitted conditional uses within the buffer area; 5) Provide a brief history on the conditions of the stream; and, 6.) Research why Eagan created regulations that are mores strict than the State's requirements. The Council also directed that the residents affected by the 300' buffer again be noticed when the item is scheduled for a Council workshop. REVIEW KENNERICK STORM SEWER OPTIONS City Administrator Hedges introduced the item, noting that the City Council directed the consideration of the Kennerick Addition/Pond HDP-1 Storm Sewer Improvements to a workshop due to new information presented at the February 18, 2003 City Council meeting. Public Works Director Colbert introduced Kevin Kimmis and Dave Bennett of Bonestroo, Rosene, Anderlik, and Associates, as well as Russ Matthys, City Engineer. // Special City Council Workshop Minutes Apri18, 2003 D R A F T Page 2 Kimmis explained the various project options including the base alignment and the common lot line alignment. Including open cut, directional drilling and grass removal and no grass removal (assuming excavation) a total of eight (8) options along with cost estimates were presented. City Council consensus was to proceed with the common lot line alignment, directional drilling and to remove the grass at an estimated total cost of $218,525. Numerous citizens addressed the Council with questions and comments about the project, which the staff addressed. The Council noted that the intent of the Kennerick neighborhood meeting was to review options for the project, but not bring any new requests to the table. The Council discussed the direction they wanted to take, and Public Works Director Colbert noted that no direction was needed; rather, bids will be opened to determine actual bid prices versus the engineer's estimates currently be used. Colbert also informed the Council that he would provide an update at the April 15 Council meeting regarding the easement acquisition process, following which will be the public hearing on the project. Upon closure of the public hearing, the Council will consider approving the project and awarding the contract. Lastly, the Council inquired about the County's role in the project, which Colbert responded to, noting that the Council has no obligation on this particular project. REVIEW WINTER TRAIL MAINTENANCE PROGRAM City Administrator Hedges provided an introduction to this item by providing background on the process in place to review the winter trail maintenance program. He noted that three (3) specific trail segments were referred to this Special City Council Meeting for additional review. He also reiterated the City Council's concern for the cost of the program in light of the State's budget deficit and its impact on Eagan. The Council first considered a trail maintenance request that was initiated by a required petition, containing more than 50 signatures. The petition requested that the north side of Yankee Doodle Road from Coachman to Central Parkway be plowed. Director Colbert explained the two (2) options available for consideration, if the City Council desired to add this trail segment. The first was to plow the trail on the north side of Yankee Doodle and maintain the trails on both sides of Yankee Doodle in that area. The second was to switch the plowing from the south side to the north side, and plow only the trail on the north side in that area. Since protected crossings exist on both ends of the segment, either option would be feasible. Director Colbert also called the Council's attention to the historical cost information included in the packet material. An Eagan resident spoke to the merits of the petition. Councilmember Carlson moved and Councilmember Tilley seconded a motion to direct the action to the April 15, 2003 Consent Agenda approving a change to plow both sides of Yankee Doodle in this area per the petition, and to extend plowing on the north side to Pilot Knob Road to facilitate trail access to the new Community Center. Aye: 5 Nay: 0 The second request was heard by the City Council, which was a petition to plow the trail on the west side of Pilot Knob Road from Tower View Road to Lone Oak Road. Colbert noted that this request had been a part of a larger petition with the other part covering internal trails. The request to plow the internal trails was denied at the regular Council meeting on April 1, 2003. Colbert informed the Council that since there is no signalized crossing at Tower View Road, the remaining request could not be met by switching sides of Pilot Knob and would result in an increase to trail plowing. Councilmember Fields noted that the request did not meet the City's trail maintenance policy. Councilmember McGuire explained his desire to make opportunities for walking available to seniors and voiced his support for the request, adding that it meets the intent and needs of senior housing. Councilmember Tilley suggested that the request be brought back at another time. J~ Special City Council Workshop Minutes Apri18, 2003 D R A F T Page 3 Councilmember Fields moved, Councilmember Tilley seconded a motion to deny the request at this time. Aye: 4 Nay: 1 (Councilmember Maguire voted against the motion) Public Works Director Colbert introduced the third request, which was a request to plow the trail on the east side of Pilot Knob Road between Wescott Road and Duckwood Drive. Colbert noted that the segment being requested was moved from the east to the west side in 1999 in response to a citizen request. Two (2) options to meet the request were presented by Colbert: 1.) Add the east side to the existing plowed trails, plowing both sides of Pilot Knob Road in this particular segment; and 2.) Move the plowed side back to the east side of Pilot Knob. Councilmember Fields noted that the trail on the east side of Pilot Knob Road is plowed from Cliff to I-494 with the exception of this short segment. The importance of the connection with the MVTA Park and Ride site was also noted. Councilmember Fields moved, Councilmember Tilley seconded a motion to move the trail plowing back to the east side of Pilot Knob Road. the motion and it passed unanimously. Aye: 5 Nay: 0 CONSIDER EXPANSION OF JP-47 POND City Administrator introduced the item and provided background information. Director Vraa outlined the need for a second pond (JP~7, 2) to provide treatment to storm water passing from Hurley Lake into Fish Lake. Director Vraa noted two (2) objectives in acquiring the additional pond. First, the existing pond, JP- 47 can then be returned to its original state. Secondly, treatment capacity to protect the water quality iri Fish Lake can be increased. Director Vraa noted three (3) items for consideration by the City Council. First, the new pond would require approximately 2.5 acres of land to be acquired from the land owner through condemnation action due to other legal issues not involving the City. Vraa added that the condemnation process seems to be acceptable to the land owner and his attorney. Second, a timeline would be needed to determine acquisition and design in order to bid by late fall, preferably so the new pond would be functional in the spring of 2004. Cleaning of JP-47 would take place in the January/February time frame. Third, payment for acquisition would come from funds collected through the development process in lieu of land to meet water quality obligations. Questions were raised about the temporary construction access road and Director Vraa noted that staff is working with neighbors on access and construction issues. The existing access road has been cleared but would be somewhat more disruptive to use than the temporary road shown on the diagram. A question was raised about the issue of restoring trees previously removed. Water Resources Coordinator Macbeth responded that he as met with the affected property owner and his neighbor and a plan has been agreed to. Councilmember Tilley moved, Councilmember Fields seconded a motion to direct this item to the April 15, 2003 Regular Meeting Consent Agenda for ratification. Aye: 5 Nay: 0 REVIEW SHELTER CORP. REQUEST FOR A COUNTY TIF ISSUANCE FOR THE CEDAR VILLAS PROJECT City Administrator Hedges introduced the item by providing background on the approval process for Cedar Villas. Mr. Hedges introduced Mark Ulfers, Executive Director of the Dakota County Community Development Agency (CDA) who provided additional background on the project and explained how a TIF application came about. The City Council expressed concerns about the TIF application surfacing after the City land use approvals for the project had been granted, and questioned whether or not the project would ~~ Special City Council Workshop Minutes April 8, 2003 D R A F T Page 4 have been approved if TIF had been a part of the original application. Mr. Ulfers explained that because of changing financial parameters, projects that appear financially feasible at the time of the original application may not be financially feasible as development progresses; hence request for TIF assistance maybe processed later in the development timeline. He also explained the CDA's responsibility to the public process and the diligence they put into reviewing applications. Mr. Jay Jensen of Shelter Corporation was introduced and addressed the development history and the developer's investment in the Cedar Villas project. Councilmember Carlson expressed her appreciation for the explanations, however reiterated her concern about the "after the fact" approach to this TIF application and the potential Eagan taxpayer annual impact of approximately $38,000 that was not disclosed to the public at the time of the application. Mr. Jensen explained the difficulty in obtaining private investors due to the changing tax laws and the minimal availability to sell tax credits on this project. The City Attorney explained the relationship between the CDA and the City as it relates to housing projects and the use of TIF along with notification requirements. The City Council inquired about a method of requiring a second approval when a financing component was not part of the original approval process, including the possibility of requesting TIF legislation to resolve the issue. Councilmember Tilley moved, and Councilmember Maguire seconded a motion to consent to the creation of a County TIF district for Shelter Corporation for Cedar Villas. Aye: 3 Nay 2 (Councilmembers Carlson and Fields voting against the motion) Mr. Ulfers addressed the Council to express his concern about any potential TIF legislation and requested an opportunity to work with the City to address concerns rather than using the legislative approach. Councilmember Maguire noted that the City Council had not addressed a request for legislation and has not taken a formal position. Councilmember Carlson noted that any individual member can work for legislation as an individual not representing the Council or the City. Mayor Geagan stated that he would like to see Mr. Ulfers meet with the Council to provide additional education on housing and the CDA/City relationship. Mr. Ulfers stated he would be happy to do that and also again expressed his appreciation for the work that Councilmembers Tilley and Carlson did on the Cedar Villas project. OTHER BUSINESS Hilltop Pond -Danner Contract City Engineer Russ Matthys provided an update on his discussions with the contractor who is attempting to complete the project by the May 31, 2003 completion date included in the contract. To this point staff has not initiated a change order request to delay the work. The change order request would need to be directed by the City Council and may come with a cost. Mr. Robert Peterson, 4175 Strawberry Lane, proposed that the City discuss postponing the project until the fall at no additional cost to the City in order to protect the nesting wildlife. The City Council expressed an interest in protecting the wildlife. Council consensus was that no additional money should be spent to get an extension. City Engineer Matthys was directed to ask the contractor about his willingness to execute a change order to postpone the project at no additional cost to the City. Stafford Place Parkin Public Works Director Colbert provided an update on the neighborhood parking problems related to activities at the Eagan High School site. In response to previous research he noted that the City Attorney reviewed the South St. Paul signage and responded that any signage must be specific as to time and place in order to be enforceable. Director Colbert also noted tlhe difficulty in getting neighborhood consensus /~ Special City Council Workshop Minutes Apri18, 2003 D R A F T Page 5 because of the divergent interests and impacts. Colbert added that the cost estimate for changing the parking on Braddock Trail from the east to the west side is approximately $19,000 due to seal coating and striping issues, and that work could not be completed until mid-July due to striping scheduling. The Council directed that Stafford Place Parking be scheduled as an agenda item for the May 20, 2003 City Council Meeting. Council directed staff to notice the Stafford Place neighborhood about the meeting and prepare an enforceable, written proposal for the Council's consideration. City Administrator Updates City Administrator Hedges informed the City Council of the weather related siren testing scheduled for Thursday, April 10th. He also noted that the Lioness statute has arrived and that City staff has been working with the seniors who have scheduled three events at the Community Center: a dance on May 13, a get acquainted gathering on May 15 and a spring "shower donations" event on May 28. Mr. Hedges informed the City Council of an a-mail received form Linda Haugen to which a City Attorney update will follow. He also noted that he will be providing updates on the Community Development Director position and on the 2004 operating budget. The City Council directed that the picture display of City Council members should display the photos of City Councilmembers currently holding office. ADJOURNMENT The meeting adjourned at 9:40 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, 651-675-5000, (TDD phone: 651-675-8535). 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. /,~ DRAFT MINUTES OF A SPECIAL CITY COUNCIL MEETING MARCH 25, 2003 4:30 P.M. CITY HALL COMMUNITY ROOM A Special City Council meeting was held on Tuesday, March 25, 2003 at 4:30 p.m. at the Eagan Municipal Center. The meeting included a joint meeting with the Advisory Parks and Recreation Commission (APrC). Those present at the meeting were: Mayor Geagan, Councilmembers Carlson, Fields, Tilley, and Maguire, as well as City Administrator Hedges, Assistant to the City Administrator Lord, Parks and Recreation Director Vraa, Program and Events Supervisor Bolduc, Parks Superintendent Olson, Director of Administrative Services VanOverbeke, and Communications Director Garrison. APrC members present were: Dorothy Peterson, Margo Danner, Phil Belfiori, Richard Pletcher, Terry Davis, N. Mark Filipi, Liz Penry, and Melvin Williams. ROLL CALL AND AGENDA The Mayor called the meeting to order. VISITORS TO BE HEARD There were no visitors to be heard. PRESENTATION BY ANTHONY AND CHERYL CAPONI City Administrator Hedges introduced Anthony and Cheryl Caponi, owners of Caponi Art Park, who gave a brief summary on the history of the Art Park with the City of Eagan. Mr. Caponi shared with the City Council that he has been working with the McKnight Foundation, Macalaster College, and the City of Eagan to discuss a proposal which would determine the ownership of the Caponi Art Park. Mr. Caponi added that he is looking for a long term resolution regarding the ownership of the Park. Mr. Caponi asked that the City address the ownership of the park as soon as possible. The City Council discussed the proposal. Mr. Caponi added that should the ownership of the Park change, a capital campaign would be needed. The Council discussed Macalaster's role in the Park, and Parks and Recreation Director Vraa noted Macalaster's national reputation for creating teaching stations, which is what the Caponi Art Park could be used as. The Council discussed ownership and governance of the Park, particularly should there be multiple owners. The Caponi's recognized the Council's concerns and asked that the attorneys from all parties involved come to the table to discuss the proposal and the legalities of implementing the proposed plan. The Caponi's also added that they currently are liable should anything happen on their property, and for that reason they are not planning on holding programs at the Art Park this year. The City Council discussed potential funding source should the City purchase a portion of the Caponi parcel. /6 Special City Council Meeting Minutes March 25, 2003 Page 2 DRAFT The Council discussed having the APrC review this matter and directed that a process be put in place for the APrC to consider the following: 1.) Look at the Caponi Art Park Plan concept and better define the scope and framework of the Caponi Art Park Plan. 2.) Review the Caponi Art Park Plan and define a public purpose as it relates to the existing parks systems plan. 3.) Review governance options and how the Caponi Art Park would function (programs, etc.). 4.) Identify funding sources with the understanding that the City's fund balance and contingency are presently earmarked for operational expenses due to the anticipated reduction in market value credit and LGA funding from the state. 5.) Prepare a schedule and timeline to evaluate the Caponi Art Park Ownership Plan. 6.) What are the legalities if the City were to explore a partnership with Macalaster, McKnight Foundation or other entities? Also, how would liability insurance and other concerns be addressed with multiple partners? 7.) Consider the formation of a Board of Directors. 8.) Examine an operational plan and how the long-term operating costs would be funded. Councilmember Maguire moved, Councilmember Tilley seconded a motion to defer the item to the April 1, 2003 City Council meeting and direct staff to prepare a draft framework to be brought to the April 1 Council meeting (Administrative Update) to identify the proposed scope of what the APrC is charged to research, including both short and long term needs of the Caponi's. Aye: 5 Nay: 0 At the April 1 meeting, the Council noted that they will provide direction to the APrC as to the work they would like to see completed on the Caponi matter. Mrs. Caponi also noted that she would provide the City with information as to the Caponi's immediate needs for the Art Park in 2003, as well as suggestions as to persons that could serve on the Caponi Art Park Board. JOINT ADVISORY PARKS AND RECREATION COMMISSION/CITY COUNCIL DISCUSSION City Administrator Hedges introduced the APrC members present, and noted the Council's goal to establish ongoing relationships with the Advisory Commissions. /~ Special City Council Meeting Minutes March 25, 2003 Page 3 5-Year Parks CIP DRAFT Parks Superintendent Olson presented the 5 (+1) Parks CIP (2003-2008), on behalf of the APrC. Olson noted that the .CIP matches up with the available funding in the Parks Site Fund. Upon completion of the presentation, Councilmember Carlson inquired about the Art House lighting and trails improvements, scheduled for 2003, and possible partnership opportunities that could be available with Advent United Methodist Church. To reduce the cost of lighting, it was suggested that motion detector lights be affixed to the art house for added safety measures. The APrC noted that a Master Plan is scheduled to be completed for the Art House site in 2004. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the 2003 Parks and Recreation CIP and remove the Art House lighting and trail improvements. Aye: 5 Nay: 0 The Council also asked that options for motion detector lights be presented to the Council, along with a summary of the safety concerns that exist at the Art House. The Council continued their discussion, focusing on the 2004-2008 CIP. Councilmember Fields inquired about a bike park for the future and Superintendent Olson described the dirt bike park that has been very successful, which the department is looking at expanding this year. Councilmember Carlson requested that long term "parking lot" items of the CIP be matched to projected long-term park dedication fee revenues. Councilmember Maguire moved, Councilmember Tilley seconded a motion to adopt the balance of the CIP (2004-2008). Aye: 5 Nay: 0 Alternate Funding Sources for Parks CIP The Council discussed the draft Alternative Funding Source Report. Councilmember Carlson requested that staff look at the "Adopt-a-Park" program and other volunteer opportunities for our parks. The Council recommended that the APrC redraft the Alternative Funding Report to include the following, which will then be brought back to the City Council: • Volunteerism • Lottery grants • Partnership opportunities • Recommendations based on feasibility (eliminate options that will not meet legal requirements) • Set goals for future funding initiatives and determine funding sources for specific goals Tobacco Position Policy The City Council discussed the tobacco free youth recreation (TFYR) policy being recommended by the APrC. A representative of the TFYR Initiative addressed the Council, noting that their organization would provide signs that read" No tobacco use during youth events". The Representative of TFYR also noted that members of the Clean Air for Eagan /S Special City Council Meeting Minutes March 25, 2003 Page 4 DRAFT (CAFE) citizen group would volunteer their time to assist in communications and marketing efforts. Councilmember Tilley moved, Councilmember Fields seconded a motion to adopt the Tobacco Free Youth Recreation policy, as recommended by the APrC. Councihnember Carlson offered a friendly amendment to have all signage posted at the entrances to the parks, with the exact location of the signs being determined by the Parks and Recreation Department. Councilmember Tilley accepted the friendly amendment. The Council voted on the motion as amended. Aye: 5 Nay: 0 Green Space Discussion The Council and APrC discussed their visions for preserving green space in Eagan, and spoke in particular about available pieces of land in Eagan. The vast amount of parkland that currently exists in Eagan was also noted. The APrC noted the need to revisit the Parks System Plan, which was last updated in 1994. The Council and APrC also discussed the County's open space grant program that will soon be available. The Council noted the importance of tracking the process at the County since 28% of the tax base in Dakota County is represented by Eagan. There was Council consensus that the City should foster voluntary discussions with potential land owners, but in no way pressure the owners. The Council agreed that if a landowner should approach a Councilmember about selling their property, he/she should be referred to staff. Naming of North Fields City Administrator Hedges gave a brief background on the APrC's recommendation to change the name of North Fields to Thresher Fields, noting the agricultural history of the property. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve the recommendation of the APrC to rename North Fields to Thresher Fields. Aye: 5 Nay: 0 ROLL OF COUNCIL LIAISONS The City Council and APrC discussed the roles of Council liaisons to Advisory Commissions. City Administrator Hedges noted the outcome of the March 5 Council retreat, where there was Council consensus that the liaisons are intended as a way to be in communication with the commission, particularly about Council action. The Council noted to the APrC that the liaison's intent is not to be a staff replacement; rather, the commission members should continue to go through staff should they have any questions about agendas, action, etc. REVIEW SENIOR SURVEY Communications Director Gamson presented a summary of the recently administered Senior Survey. Garrison noted a 12.4% response rate, for a total of 442 responses. The City Council i9 Special City Council Meeting Minutes March 25, 2003 Page 5 DRAFT discussed the results of the survey. The Council noted the importance of communicating with seniors and added their hope that the distribution list for the Front Porch Senior Newsletter could continue to increase in order to reach more seniors. Garrison noted that 43% of those that returned the survey were willing to volunteer. The Council then discussed senior programming opportunities at the Community Center, and whether all programming should be at the Community Center. Program and Events Supervisor Bolduc addressed the Council about senior programming currently available, and the Council directed staff to prepare a strategy for senior programming once the Community Center is operational. The Council also noted the opportunities that may exist to keep some off-site senior programming active by utilizing senior volunteers. COMMUNITY CENTER OPERATING PLAN PRESENTATION City Administrator Hedges introduced the Community Center Operating Plan, noting that the Plan before the Council is a result of the hard work of the Community Center Operations Committee, which included Mayor Geagan and Councilmember Carlson. The Operations Committee thanked staff for their involvement in the committee. Director of Administrative Services VanOverbeke presented the Operating Plan, noting the need for flexibility as the City gains valuable operating experience when the Center is operational. VanOverbeke also noted that the Plan is prepared based on the facility as a whole, rather than breaking every function and component into separate entities. VanOverbeke added, and the Council agreed, that the success of the Community Center will be determined in the long term, and a successful marketing will be needed. VanOverbeke explained the process for a phased opening at the Center in order to maximize revenues and gain valuable community exposure. It was noted that the final determination on the child care facility programming has not yet been determined. VanOverbeke also informed the Council that depreciation and Renewal and Replacement have not been budgeted at this time; however, at the direction of the Operations Committee, expenditures were reduced in order to address Renewal and Replacement. Mayor Geagan added that there will be azeas that need to be addressed as the Center becomes operational, and that the recommended Operating Plan is as lean as possible while still being attractive to the community. Councilmember Maguire noted that startup costs are inevitable for operations such as the Community Center, and thanked the Operations Committee for their hard work. Mayor Geagan moved, Councilmember Tilley seconded a motion to direct the Community Center Operating Plan to the April 1, 2003 City Council Agenda (under Community Center update) for formal consideration. Aye: 5 Nay: 0 CDBG FUNDING FOR SCHOLARSHIPS The City Council discussed the options for using Community Development Block Grant (CDBG) funding towards aCity-wide youth scholarships program. The Council and staff discussed CDBG program requirements and the administrative time necessary to implement the program. The Council directed staff to research whether programming at the Community Center would qualify for CDBG funding, and to determine alternative locations, in addition to Wescott Square, that would be qualified under CDBG programming requirements. ao Special City Council Meeting Minutes D R A F T March 25, 2003 Page 6 OTHER BUSINESS City Administrator Hedges noted that an open house would take place on Thursday, March 27 from 5-7 PM in the Community Room, with the purpose being to display information and answer any questions regarding the County's extension of Lone Oak Road (from Highway 55 to the Inver Grove Heights border). ADJOURNMENT The meeting adjourned at 10:20 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, 651-675-5000, (TDD phone: 651-675-8535). 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. ~/ Agenda Information Memo April 15, 2003 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Fitness Coordinator/Community Center-- ACTION TO BE CONSIDERED: To approve the hiring of Jessica Kropelnicki as the Fitness Coordinator at the Community Center. Item 2. Part-time Building Attendants/Community Center-- ACTION TO BE CONSIDERED: To approve the hiring of Mike Kabakov, Luanne Nygaard, Southivanh Pradichith, Meagan Whitacre and Andrea Selby as part-time building attendants at the Community Center. Item 3. Seasonal Program Assistant- ACTION TO BE CONSIDERED: To approve the hiring of Deb Buntjer as a seasonal program assistant. Item 4 Seasonal Water Resources Assistant-- ACTION TO BE CONSIDERED: To approve the hiring of Abby Korte as a seasonal water resources assistant. Item 5. Seasonal Park Maintenance Workers/2003- ACTION TO BE CONSIDERED: To approve the hiring of Erik Johnson, Andrea Canyon and Jeremy Frost as 2003 seasonal park maintenance workers. Item 6. 2003 Cascade Bay Seasonal Staff- ACTION TO BE CONSIDERED: To approve the hiring of Leah Johnson, Kristen Hazel, Ashley Germond, Sarah Luke, Chester Teich, Mark Bresher, David Lostetter, Emily Garner, Josh Keeler, William Meiklejohn, Maria Melcher, Mike Dunn and Breeyon Behrens as Cascade Bay seasonal staff for 2003. Item 7. Resignation/Skating School Coordinator-- ACTION TO BE CONSIDERED: To accept the letter of resignation from Barb Yackel, Skating School Coordinator. ~~ Agenda Information Memo April 15, 2003 Eagan City Council Meeting Item 8. Night Battalion Chief/Volunteer Fire Department ACTION TO BE CONSIDERED: To approve the appointment of Patrick DiIoia as Night Battalion Chief for the City of Eagan Volunteer Fire Department. FACTS: • The current Night Battalion Chief at the Fire Department, Mark Adam, recently resigned from that position. There are 18 months left in the current term of office for that position. • Following Fire Department Bylaws and Standard Operating Procedures, the vacancy was posted. The seven qualified department members who applied were interviewed by a panel of nine persons representing all five stations, the executive board and City administration. • It is the panel's recommendation that the appointment of Patrick DiIoia as Night Battalion Chief for the remaining 18 months of the term of office be submitted to the City Council for their formal approval. Item 9 . Clerical Technician Reallocation ACTION TO BE CONSIDERED: To approve the indefinite reassignment of Clerical Technician II Kathi Kamm from the Finance Department to Clerical Technician III in the Parks & Recreation Department. FACTS: In order to meet the City Council's goals of reallocation of resources during the current budget restraints and also the staffing needs of the City, the following actions are recommended. Instead of hiring a new clerical employee for the new Community Center, a current clerical employee in Parks & Recreation be relocated from the Municipal Center to the Community Center to perform new clerical responsibilities for that location, as well as continuing to perform other general Parks & Recreation clerical functions. To meet current staffing needs, a current clerical employee from Finance be indefinitely reassigned to Parks & Recreation. Along with new Parks & Recreation duties, she would continue to perform some of her previous duties. Other duties would be delegated to other personnel in Finance and Administration. Because this action requires a slight budget adjustment, it requires formal City Council approval. Item 10. Letter of Agreement/Dispatcher Collective Bargaining Group ACTION TO BE CONSIDERED: To approve the Letter of Agreement between Law Enforcement Labor Services, Inc., Local #161 and the City of Eagan regarding the dates for the shift bidding process for Police Dispatchers. ~3 Agenda Information Memo April 15, 2003 Eagan City Council Meeting FACTS: • The Dispatcher Bargaining Unit and the City of Eagan are currently engaged in negotiations for the 2003/2004 Collective Bargaining Agreement. • As a part of bargaining, the City and the unit have reached agreement to change the dates when the Dispatchers bid for shifts from May to July. • Because May is rapidly approaching, the unit and City administration are recommending that a letter of agreement so changing the dates be approved. • The letter of agreement would only be effective until the language change can be implemented into the new, approved labor agreement. a~ Agenda Information Memo Apri115, 2003 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated Apri13, 2003 and April 10, 2003 as presented. ATTACHMENTS: • Check registers dated Apri13, 2003 and April 10, 2003 are enclosed without page number. as Agenda Memo April 15, 2003 CONSENT AGENDA: D. 2003 Minnesota State Building and Fire Codes ACTION FOR CONSIDERATION: Approve Ordinance Amendment regarding Building Code Adoption FACTS: In previous years, the State adopted the Uniform Building and Fire Codes, which are no longer produced or updated. The International Codes have replaced three regional codes in an effort to streamline requirements and provide uniform enforcement throughout the United States. It is necessary to amend the Eagan City Code to adopt the 2003 MN State Building and Fire Codes ATTACHMENTS: Attached as page through is the proposed ordinance amendment. ab ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MIlVNESOTA, AMENDING EAGAN CITY CODE, CHAPTER FOUR, ENTITLED "CONSTRUCTION LICENSING, PERMITS AND REGULATION" BY AMENDING SECTION 4.01 REGARDING BUILDING CODE ADOPTION; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 4.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Four is hereby amended by changing Section 4.01 to read as follows: Sec. 4.01. Building Code adopted. The Minnesota State Building Code (SBC) 2003 ,including the following chapters of Minnesota Rules: A. 1300 Minnesota Building Code; B. 1301 Building Official Certification; C. 1302 State Building Construction Approvals; D. 1303 Minnesota Provisions; l~E. 1305 Adoption of the , °°~ T T.,:~ -~-~ 2000 International Building Code h~ ~ei~~-E'hapte~s: 1 Z Tl:,,;~;,,.. T Tloro..~;.,,-...«.7 !''..,-.-o..*:~+,,.+1 L`,,,.;1:*:0~• • > > > 7 17 Tl:,.;~:..,-. TT C'.,,,,,.a T...,,,~,v,:~~;.,.. (`...,+..,.1• • > > > 3. ; €~F. 1307 Elevators Related Devices; G. 1309 Adoption of the 2000 International Residential Code; H. 1311, Adoption of the 2000 Guidelines for Rehabilitation of Existing BuildinQS; li I. 1315 Adoption of the X39 2002 National Electrical Code; Fr:J. 1325 Solar Energy Systems; 1 a~ ~K. 1330 Fallout Shelters; ~M. 1341 Minnesota Accessibility Code 1~N. 1346 Adoption of the ' °n' T r.,: ~ -.... Minnesota State Mechanical Code; 1~0. 1350 Manufactured Homes; l~P. 1360 Prefabricated Buildings; Q. 1361 Industrialized/Modular Buildings; o: ~~ 1zR. 1370 Storm Shelters; t}S. 4715 Minnesota Plumbing Code; l~T. 7670, 7672, 7674, 7676 and 7678, Minnesota Energy Code; and the current Eit~`~ edition of Minnesota ~ State Fire Code, are hereby adopted by reference as though set forth verbatim herein. One copy of said code shall be marked CITY OF EAGAN-OFFICIAL COPY and kept on file in the protective inspections department and open to inspection and use by the public. Section 2. Eagan City Code Chapter Four is hereby amended by changing Section 4.02 to read as follows: Sec. 4.02. Permit fees. Fees for permits and plan reviews under this chapter, which may include a surcharge, shall be determined by the council and fixed by its resolution, in accordance with the Minnesota State Building Code, and a copy of which in office of the city clerk-treasurer and uniformly enforced. Section 3. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 4.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. 2 a~ ATTEST: By: Maria Karels Its: Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: CITY OF EAGAN City Council By: Pat Geagan Its: Mayor a9 Agenda Information Memo April 15, 2003 Eagan City Council E. FINAL SUBDIVISION (THORPE WOODLAND GARDENS 2~D ADDITION) - TILSEN HOMES, INC. ACTION TO BE CONSIDERED: To approve a Final Subdivision (Thorpe Woodland Gardens 2"d Addition) to create five lots on approximately on 3.8 acres located at 3460 Wescott Woodlands in the NE '/4 of Section 14. FACTS: • The Preliminary Subdivision was approved on July 16, 2002. All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS (2): Final Plat, page Area Map, page 30 i ~ ~ I fpa - ~ ~. a F r a. fo F I ~ iw $ l _ i ~E c ~• =j ~ i; i5 3~ y ii C ~. 8 ~a ~ ; .s i a~d'~ ~ 1 i ~ I s fr ~Eo d $ i ~ i 13 IS $ss-% s° ly ~ I g 5$0 ~ _sei I ~ Ir ~ ~5 ; i ~ 36 ~f ~°yaa8¢ '~ ;~ = I ~ !j '°§ i~ ~ ~d =j '~ C?5 ~' € I! 5s Y- a d ~ E . I} I~ I ~~ u 'R$ ~• O ~ ~ y'~ ~ I I 5~ ~ ,3is. i ~x ~~ I$ !~ _ I`E t~ . t~ s ;i '" ~ _ ~ . o ~1 ~a ~ nod a+ '• .3 ~ I $a~t6E I 8~ ~~ ~ 13 I~ » I ~ ~pp ; P I i ., ~ I^ ' ~ .Y $ ~ I g I ~~= ~'Y ~ ; ~$ i i fj ~ i ~b~~€ 4jw i;.= ~ i^ d~ j i l i i~ 2~i is i ~' it °i3 a~$ ~E ~~ i ~ g; ~ i j s~iYfii I'~4 j i ~~R I I~ f: I I ~ ~ I~ -. 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' .~ - .; ^ ~ Gl ° r ~ ~ b 4 ~ 6 ' ~ - 1000 0 1000 2000 Foet Development/Developer: Thorpe Woodland Gardens 2nd Addition Application: Preliminary Subdivision and Variance Case No.: 14PS-07-OS-02 and 14YAr07-05-02 wp Pnpa~A wlnp ERSI AreVNw 7.1. hrai ts.. nrp e.s prwlA.d sy atces t:ouney and s~w.y ()•p.M.+~t.nd i. ~~.. a wren iooi DED FOR REFERENCE YiE ONLY N w E City of Eagan IY. ~ N h' E S C i a f«mm~wy OwMpn~l oNrenent TNI3 MA/ li INTEN TM Gltp et Eapn and Deketa t:euirty de net yuareMN tM neswary e1 tMs I~enwotlen end en not rrsponNble ter errors 0/ Ornlssiens. 5 Agenda Information Memo April 15, 2003 F. APPROVE TEMPORARY LIQUOR LICENSE FOR EAGAN FOUNDATION FOR A WINE TASTING EVENT ON MAY 15, 2003 ACTION TO BE CONSIDERED: To approve a temporary on-sale liquor license for the Eagan Foundation and waive the $150.00 license fee. FACTS: • The Eagan Foundation has requested a temporary on-sale liquor license be issued to them for a wine tasting event planned for May 15, 2003. The charitable event is being held to raise funds for. the various projects of the Eagan Foundation and to honor those who have made major donations to the Foundation projects in recent years. • The application form has been submitted and deemed in order by staff. The Eagan Foundation is requesting that the $150.00 license fee be waived. Following Council approval, the application will be forwarded to the Department of Public Safety/Liquor Control Division for their approval. ATTACHMENTS: • Application and letter enclosed without page number. 33 Agenda Information Memo April 15, 2003 G. APPROVE TEMPORARY MALT LIQUOR LICENSE FOR EAGAN LIONS CLUB FOR FOURTH OF JULY CELEBRATION (JULY 2-5, 2003) ACTION TO BE CONSIDERED: To approve a temporary malt liquor license for the Eagan Lions Club and waive the $25.00 license fee. FACTS: The Eagan Lions Club has requested a temporary malt liquor license be issued to them for the Fourth of July celebration, July 2-5, 2003. The application form has been submitted and deemed in order by staff. The Eagan Lions Club is requesting that the $25.00 license fee be waived. ATTACHMENTS: • Application and letter enclosed without page number. 3} Agenda Information Memo April 15, 2003 Eagan City Council Meeting H. REQUEST MUNICIPAL STATE AID ROUTE DESIGNATION ACTION TO BE CONSIDERED: Approve a resolution requesting the Minnesota Commissioner of Transportation's approval of the designation of various existing street segments on to the Municipal State Aid (MSA) roadway system. FACTS: • The MSA designation of a street enables the maintenance of an existing street and the construction of a new street to be financed by the City's portion of the gas tax money distributed by the State. Only 20% of the city's local street mileage is eligible for this designation. Of the 45.9 miles allowed in Eagan, only 43.22 miles are so designated. The difference of 2.68 miles is now available for placement on the system. • The street segments for consideration of MSA designation in 2003 include Town Centre Drive from Denmark Avenue to Lexington Avenue (approximately 0.69 miles), and Ashbury Road, Blackhawk Hills Road, and Federal Drive from Blue Cross Road to Violet Lane (approximately 1.52 miles). Both segments are located in central Eagan and meet the criteria of MSA streets in terms of location, function and construction. • Designation of these segments would help provide financing for the maintenance of these streets. • With these designations to the MSA system, the City of Eagan can continue to ensure the City receives its maximum portion of the available annual gas tax appropriation. ATTACHMENTS: • MSA Street Designation Map, page ,~~ . 3s a Apri19, 03 C:John_G\MSAS2003ADD Proposed M.S.A.S. Road Additions Fig. 1 City of Eagan Agenda Information Memo April 15, 2003 I. PROJECT 871, TH 149/WESCOTT ROAD COOPERATIVE AGREEMENT RESOLUTION ACTION TO BE CONSIDERED: Approve the resolution requesting funding from the Minnesota Department of Transportation through a Cooperative Agreement for Project 871 (Trunk Highway 149 & Wescott Road -Traffic Signal Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Minnesota Department of Transportation (MnDOT) staff has identified the intersection of Wescott Road and Trunk Highway (TH) ,149 as meeting the intersection Safety Improvement Program requirements for the installation of a traffic signal. • In 2002, MnDOT submitted a Preliminary Layout of the proposed traffic signal improvements to the City of Eagan. MnDOT has scheduled the signal installation in conjunction with the installation of a signal for the raikoad crossing on Wescott Road, just west of the intersection, in 2004. • Review of the Preliminary Layout by City staff indicated potential safety concerns for eastbound traffic on Wescott Road approaching the signalized intersection with a green signal light. The proximity of the railroad tracks and the significant elevation difference between the tracks and TH 149 would not permit safe vehicle travel at the current speed limit. City staff has provided their concerns to MnDOT. • MnDOT staff has responded that a lack of available funding prohibits MnDOT from adequately addressing the deficiency that would be created for the local street, Wescott Road. MnDOT has requested that the City approve the Preliminary Layout as it is. • MnDOT has also scheduled a maintenance overlay of TH 149 through this intersection, including the construction of turning lanes for the new traffic signal, in 2004. City staff has pursued the use of additional funding for the maintenance overlay to address the indicated safety concern without success due to funding shortages. • MnDOT's Local Initiative Municipal Agreements Program provides funding for county and municipal government agencies to construct safety, traffic or access management improvements providing benefits to the operation of the trunk highway and local agency road systems. • Approval of the resolution will allow the City to apply for MnDOT funding through the Local Initiative Municipal Agreements Program for fiscal year (FY) 2005. If the funding application is successful, state funding would be available after July 1, 2004, upon the award of a contract to install a traffic signal and upgrade the intersection of TH 149 and Wescott Road. 39 Agenda Information Memo April 15, 2003 J. CONTRACT 03-O1, TOWN CENTRE AREA LIMITED USE PERMIT ACTION TO BE CONSIDERED: Approve the resolution requesting a Limited Use Permit from the Minnesota Department of Transportation (MnDOT) for the construction of a sidewalk for Contract 03-01 (Town Centre Area -Street & Access Management Improvements) 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. The improvements include the construction of a new sidewalk adjacent to the curb along the westerly/northerly side of Town Centre Drive. • MnDOT right-of--way for Interstate 35E (specifically the entrance ramp for eastbound Yankee Doodle Road) encompasses a portion of the area needed for the construction and maintenance of the proposed sidewalk. • 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 with anoff-street sidewalk. • Minnesota Rules Chapter 8820 (State Aid standards) requires the acquisition of all needed easements or authorization of the use of any underlying property for the construction and maintenance of all improvements on State Aid designated roadways for which Municipal State Aid funding will be allocated. • Approval of the resolution will allow the City to request a Limited Use Permit from MnDOT in conjunction with a Permit to Work within MnDOT Right-of--Way. MnDOT's approval of said permits will authorize the City of Eagan to construct the sidewalk in accordance with the plans approved by the City Council. 38' Agenda Information Memo April 15, 2003 Eagan City Council Meeting K. PROJECT 884, BORCHERT LANE STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 884 (Borchert Lane -Street & Utility Improvements) and schedule a public hearing to beheld on May 20, 2003. FACTS: • On March 4, 2003 the City Council directed staff to prepare a feasibility report considering the street upgrade and utility improvements of Borchert Lane, from Mike Collins Drive to the entrance to Thresher Park (formerly known as "North Fields") in northeast Eagan. • Borchert Lane is currently a 700' long rural section gravel roadway within public right-of--way that is minimally maintained by City crews. • An informational meeting will be held with the adjacent property owners prior to a public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for May 20, 2003. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. 39 Agenda Information Memo April 15, 2003 Eagan City Council Meeting L APPROVE ARBOR DAY PROCLAMATION. MAY 3.2003 ACTION TO BE CONSIDERED: To acknowledge Eagan as the recipient of the 2002 Tree City USA award from the National Arbor Day Foundation, and approve the Arbor Day Resolution setting Saturday. Mav 3 as Arbor Day and May, 2003 as Arbor Month in the City of Eagan. FACTS • Eagan has received the Tree City USA community designation from the National Arbor Day Foundation for the sixteenth consecutive year. Each year the Parks and Recreation Department conducts an Arbor Day program which includes participation in a tree planting project. This year the 17~' annual event will be held at Central Park. • Recognition as a Tree City is based on efforts by the City to promote tree planting in the community and the resolution demonstrates that effort. • To become a Tree City, a community must meet four standards: a tree board or department, a tree care ordinance, a comprehensive community forestry program, and an Arbor Day observance. • Eagan has demonstrated progress in the following forestry activities: Publications, parks and open space, and improved ordinance. • The resolution was recommended for adoption by the Advisory Parks Commission. • Receiving these awards acknowledges the City's efforts to minimize environmental impact during developments, and adhere to policies such as "Forever Green," aimed to maintain and enhance Eagan's trees and foliage. yo Scheduled Arbor Dav activities include: 9:30 - 10:00 Walking Tours/Education 10:00 -10:20 10:20 - 10:40 10:40 -11:00 10:00 - 11:00 11:00 -11:45 11:45 12:00 12:15 - 1:00 ATTACHMENTS: Public arrival /social hour Woodland restoration Wetland Management Landscape Installation Information Booths Open - Ask the Tree Doctor - Trees and Utilities Arbor Day landscape Installation by volunteers Ceremonial oak tree installation by large tree spade Arbor Day Program - Announcement of 2004 Arbor Day poster contest winner Lunch served (outdoor grilled lunch prepared by City staff • Eagan Arbor Day and Eagan Arbor Month resolution on page ~. • Letter of award notification from the Arbor Day Foundation on page ~3 . • 17'~ annual Arbor Day Celebration flyer on page ' ~ 5 ~f/ CITY OF EAGAN RESOLUTION A PROCLAMATION OF EAGAN ARBOR DAY AND EAGAN ARBOR MONTH WHEREAS, trees are a most valuable resource in the State of Minnesota and City of Eagan -purifying our air and water, helping conserve our soil, serving as a recreational settings, providing habitat for wildlife for all kinds, and enriching our lives in so many important ways; and WHEREAS, pollutants, tree diseases and urban expansion have damaged and continue to threaten oui trees, creating the need for reforestation programs and concerted public action toward ensuring the future of out City's urban forests; and WHEREAS, each year the people of Minnesota pay special attention to the wonderful gift that our trees represent and dedicate themselves to the continued health of our state's trees; and WHEREAS, The City of Eagan has been recognized as a Tree City USA community by the National Arbor Day Foundation since 1988 and desires to continue its tree-planting programs; NOW, THEREFORE, BE TT RESOLVED that the Eagan City Council does hereby proclaim Saturday, Ma~~ 3, 2003 to be ARBOR DAY and the month of May, 2003 to be ARBOR MONTH in the City of Eagan. BE IT FURTHER RESOLVED that the Mayor and Council further urge citizens to become more aware of the importance of trees to the well-being of our community; and to participate in City tree planting programs which will ensure a greener place for our citizens to live in the decades to come. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Deputy Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, M. McGarvey, Deputy City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 15~' day of April, 2003. Deputy Clerk ~a The National Arbor Day Foundation® 211 N. 12th Street • Lincoln, NE 68508.402-474-5655 • www.arborday.org HONORARY TRUSTEES March 21, 2003 STEWART UDALL Chair Former Secretary of Interior EDDIE ALBERT Entertainer DOUGIASBEREUTER U.S. Congressman The Honorable Patricia Awada DONALDBORUT Mayor of the City of Sagan Executive Director National League of Cities 3 8 3 0 P 11 O t Knob Road DCheBOSWORTH Eagan, MN 55122 USDA-Forest Service DICK CAVETT Entertainer J. THOMAS COCHRAN Executive Director Dear Ma or Awada y U.S. Conference of Mayors J. JAMES E%ON FormerU.S.Senator Congratulations to Bagan on being named as a 2002 Tree City IADY BIRD JOHNSON Stonewall, Texas USA ~ J. MICHAEL McCLOSKEY Chairman Sierra Club Trees in our cities and towns help clean the air, conserve MA%INE (MRS. FRANK) MORRISON Former Nebraska First Lady soil and water, moderate temperature, and bring nature into our JAMES C. OLSON daily lives. Trees are a vital component of the infrastructure J. Sterling Morton Biographer ERNESTC.SHEA in our towns and cities, and provide many environmental and Chief Executive Officer Natl. Assn. of Conservation Districts economical benefits. A community, and'its citizens, that R. E.'TED'TURNER Philanthropist reco nize these benefits and rovides needed care for its trees g P LAURENCE D. WISEMAN deserves recognition and thanks. - President American Forest Foundation BOARD OF TRUSTEES Tree City USA recognizes communities that have proven their BILL KRUIDENIER commitment to an effective, ongoing community forestry program. Chair RICHARD H. BEAHRS Such a program is one marked by renewal and improvement . Vice Chair HELEN BOOSALIS PRESTON COLE Tree City USA is sponsored in cooperation with the National MRS. LEE (CAROLYN)CRAYTONJR. ASSOClatlOn of State Foresters and the USDA Forest Service. LETICIA ROCHE C. FORTUNY OR. GARYHERGENRADER Stat@ foresters are responsible for the presentation of the Tree EDWIN JAENKE City USA flag and other materials. We will forward your awards DR. JAMES O'HANLON to Don Mueller in your state forester's office. They will be STAFF coordinating the presentation with you. It would be especially JOHN ROSENOW President appropriate to make the Tree City USA award a part of your Arbor SUSAN McINTOSH KRIZ Executive Vice President Day ceremony . Again, congratulations on receiving this national recognition for your tree-care program. Best re ards John Rosenow President cc: Gregg Hove .~~ ..~.~ ecm.u SOY INK ~3 City of Eagan, Tree City, USA 17th ANNUAL ARBOR DAY CELEBRATION TO BE HELD AT THE NEW CENTRAL PARK SATURDAY -May 3, 2003 Dear Resident, Celebrate A~bo~ Day! You are invited to join with the City of Eagan as we celebrate Arbor Day on Saturday, May 3~d 2003 at the new Central Park. (Turn left off Pilot Knob, just north of Yankee Doodle Road). Arbor Day has been celebrated in Eagan since 1987, and was established nationally to emphasize the importance of trees and community reforestation. Scheduled activities include: 9:30 -10:00 Public arrival /social hour Walking Tours/Education 10:00 -10:20 Woodland restoration 10:20 -10:40 Wetland Management 10:40 -11:00 Landscape Installation 10:00 - 11:00 Information Booths Open - Ask the Tree Doctor - Trees and Utilities 11:00 - 11:45 Arbor Day landscape Installation by volunteers 11:45 Ceremonial oak tree installation by large tree spade 12:00 Arbor Day Program - Announcement of 2004 Arbor Day poster contest winner 12:15 -1:00 Lunch served (outdoor grilled lunch prepared by City staff) For further information or to volunteer for planting, please contact the Park and Recreation office at (651) 675-5660. It is requested that you register for this event so we can ensure sufficient amounts of food for the picnic lunch. Thank you. n ~ Paul Olson Gregg Hov Superintendent of Parks Supervisor See you thee! !: larbor day/arbor day inviie2003 4y ;s <~~cn~~°~<~i 's%~~y"' ~ City of Eagan MTi' Mn Pazks and Recreation bate: April 15, 2002 Agenda Item: I-1: Arbor Dny Proclamation Action IntormaHon Attuhmeeb X 11. Council Resolution for rnoclamatioo of Arbor ~~ ~ ~~ ~ Z ~j ti AGENDA ITEM: I 1; ARBOR DAY PROCLAMATION ~ ~ j 1 TO: ADVISORY PARKS COMMISSION PREPARED BY: GREGG HOVE, CITY FORESTER ITEM DESCRIPTION: To acknowledge the Arbor Day Resolution setting Saturday, May 4 as Arbor Day and May 2002 as Arbor Month in the City of Eagan. BACKGROUND/HISTORY: • Eagan has received the Tree City USA community designation from the National Arbor Day Foundation for the fourteenth consecutive year. Each year the Parks and Recreation Department conducts an Arbor Day program that includes participation in a tree planting project. This year the sixteenth annual event will beheld at Ran Athletic Park. • Recognition as a Tree City is based on efforts by the City to promote tree planting in the community and the resolution demonstrates that effort. • To become a Tree City, a community must meet four standards; a tree board or department, a tree care ordinance, a comprehensive community forestry program, and an Arbor Day observance. • Eagan has demonstrated progress in the following forestry activities; publications, parks and open space and improved ordinance. • Eagan has also received the 2001 Growth Award, which recognizes commitment to the process of environmental improvement and higher levels of tree care. • The resolution was recommended for adoption by the Advisory Parks Commission • Receiving these awards acknowledges the City's efforts to m;nim;ze environmental impact during cnvironmental impact during developments, and adhere to policies such as "Forever Green," aimed to maintain and enhance Eagan's trees and foliage. Scheduled Arbor Day activities include: 8:30 - 9:00 Public.arrival /social hour 9:00 - 9:15 Welcome and sharing of the Arbor Day schedule by City staff 9:15 - 9:45 Ceremonial Tree Installation (large tree spade) 9:45 -11:45 Installation of shrubs and perennials near park building Completion of installation of tree spaded trees (soil aeration, mulching, and irrigation. 11:45 - 12:00 Arbor Day Program (City Officials) 12:00 -12:30 Lunch served (outdoor grilled lunch prepared by City staff? ALTERNATIVES FOR COMMISSION CONSIDERATION: 1. Acknowledge the resolution setting May 4 as Arbor Day and May as Arbor Month in the City of Eagan. 2. Other .3. ~s Agenda Information Memo April 15, 2003 Eagan City Council Meeting M. ACCEPT PROJECT 8-11-B (WELL HOUSE #20 AND PAVILION - CENTRAL PARKWAY) AND APPROVE FINAL PAY REQUEST, EBERT CONSTRUCTION ACTION TO BE CONSIDERED: Accept project and approve the final pay request of Ebert Construction for project #8-11-B, Central Park Pavilion and Wellhouse #20 FACTS: • Ebert Construction began work on the Pavilion/ Wellhouse #20 in spring of 2002. • Substantial completion was done in December of 2002. • The "punch list" of remaining items to be taken care of has been completed. • It is the recommendation of the project architects that the work done by Ebert Construction has met the specifications for Pavilion and Wellhouse #20. • It is recommended that Council approve closeout of the project. ATTACHMENTS: • None y6 Agenda Information Memo April 15, 2003, Eagan City Council Meeting N. CONFIRMATION OF FINDINGS OF FACT, CONCLUSIONS & RESOLUTIONS OF DENIAL (PLANNED DEVELOPMENT AMENDMENTI -Beautiful Savior Lutheran Church . ACTIONS TO BE CONSIDERED: To confirm the Findings of Fact, Conclusions & Resolutions of Denial of a request for a Planned Development Amendment to modify the signage plan for property on property located at 4150 Pilot Knob Road . FACTS: At its regular meeting on April 1, 2003, the City Council directed staff to prepare Findings of Fact, Conclusions & Resolution of Denial regarding the Interim Use Permit to be considered at the April 15, 2003 Council meeting. ATTACHMENTS (1): c,~ Findings of Fact, Conclusions and Resolution of Denial, pages ~~through X11. ~~ BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Beautiful Savior FINDINGS OF FACT, Lutheran Church for Interim Use Permit for CONCLUSIONS AND On-Premises Storage of Recreational Vehicles RESOLUTION FOR DENIAL at 4150 Pilot Knob Road This matter came before the Eagan City Council at its meeting of April 1, 2003. T11e Council received and considered the March 10, 2003, Planning Report; input from City staff; minutes of the public hearing held by the Advisory Planning Commission on March 25, 2003; and all existing files, records and prior proceedings and material as presented to the Council. A representative of the Applicant appeared at the Advisory Planning Commission and Council meetings. Based upon all the files, records and input presented at the meeting, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT Beautiful Savior Lutheran Church (the "Applicant") submitted an application for 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 (the "Property") 2. The Comprehensive Guide Plan classification for the Property is QP, (Public/Quasi- Public); and the Property is currently zoned as PF, (Public Facility.) 3. Builders for Christ, a volunteer organization, intends to build an addition to Beautiful Savior Lutheran Church. 4. The volunteers travel by recreational vehicles. v~ 5. The Applicant proposes to have 10-12 recreational vehicles parked on its Property to accommodate the volunteers. 6. The recreational vehicles are expected to arrive in June and leave by September 15. 2003. 7. The vehicles are not allowed to be parked for the expected period as a permitted use of the property without the approval of an Interim Use Permit. CONCLUSIONS 1. This matter is properly brought before the Eagan City Council. 2. Chapter 11, Section 11.50, subd. 6 of the Eagan City Code sets forth standards to be met by the Applicant in connection with the issuance of an interim use permit. 3. Chapter 11, Section 11.50, subd. 6(e) of the Eagan City Code requires that the use meet the standards set forth in the Zoning Regulations governing Conditional Use Permits. 4. City Code Chapter 11, Section 11.40, subd. 4C(C) states the Council shall issue a Conditional Use Permit only if it finds that such use at the proposed location will be compatible in appearance with the character of the general vicinity and will not change the essential character of that area. 5. The proposed Interim Use Permit does not meet this standard, because transient housing in recreational vehicles is incompatible with the character of the general vicinity. 6. The proposed Interim Use Permit would result in recreational vehicles and related property and activities to be visible from Pilot Knob Road, which would have a detrimental impact on the aesthetics of the area. 7. Use of the parking lot for residential purposes would be incompatible with the comprehensive plan and zoning ordinance and existing uses of the Property and adjacent properties. ~9 8. There are areas within the City where parking of recreational vehicles is a permitted use under existing zoning ordinances. 9. Granting the application for an Interim Use Permit in this case would establish an undesired precedent for construction activities in similar situations. 10. The Interim Use Permit would result in a substantial reduction of available parking on the Property and may result in an overflow of parking onto adjacent properties and city streets.. 11. The Property maintains a viable use without the grant of an Interim Use Permit. RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's request for a Interim Use Permit to allow temporary outdoor storage and use of recreational vehicles on the property is hereby denied. Dated at Eagan, Minnesota this day of CITY OF EAGAN 2003. By: Pat Geagan Its: Mayor By: Maria Karels Its: Deputy Clerk J Agenda Information Memo April 15, 2003 Eagan City Council O. CONFIRMATION OF FINDINGS OF FACT, CONCLUSIONS & RESOLUTION OF DENIAL (PLANNED DEVELOPMENT AMENDMENT) -HOLLYWOOD VIDEO ACTION TO BE CONSIDERED: To confirm the Findings of Fact, Conclusions & Resolution of Denial of a request for a Planned Development Amendment to modify the signage plan for property on property located at 2020 Cliff Road in the NE'/4 of Section 31. FACTS: ~ At its regular meeting on April 1, 2003, the City Council directed staff to prepare Findings of Fact, Conclusions & Resolution of Denial regarding the Planned Development Amendment to be considered at the April 15, 2003 Council meeting. ATTACHMENTS (1): Findings of Fact, Conclusions and Resolution of Denial, pages through, si BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Boo Doo Signs FINDINGS OF FACT, (Hollywood Video) for a Planned Development CONCLUSIONS AND Amendment to Increase Allowable Building Signage RESOLUTION FOR DENIAL at Lot 2, Block 1, Hadler Park This matter came before the Eagan City Council at its meeting of April 1, 2003. The Council received and considered the March 19, 2003, Planning Report; input from City staff; minutes of the public hearing held by the Advisory Planning Commission on March 25, 2003; correspondence of March 26, 2003, from Gregory Gallas, Director of Real Estate for Hollywood Video; together with all existing files, records and prior proceedings and material as presented to the Council. A representative appeared on behalf of Hollywood Video at the meetings of the Advisory Planning Commission and City Council. Based upon all the files, records and input presented at the meeting, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. The application by Boo Doo Signs (Hollywood Video) (the "Applicant") for the 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 (the "Property"), is properly brought before the Eagan City Council. 2. In 2002, Final Planned Developments were approved for Hadler Park that allowed a Class II restaurant with adrive-through facility on Lot 1, and retail uses on both Lots 1 and 2. 3. The Final Planned Development Agreements for both lots included building elevation signage plans. 5. The approved Sign Plan does not accommodate the proposed Hollywood Video sign with its mountain range and spotlight rays. 6. The Applicant is proposing to change the wall sign location and increase the total wall sign area. The proposed signage would extend along the length of the building, not just above the main entrance. 7. The proposed signage represents a significant departure in percentage and design from the approved signage in the Planned Development Agreement 8. 8. The Advisory Planning Commission recommended denial of the Planned Development Amendment. CONCLUSIONS 1. This matter is properly brought before the Eagan City Council. 2. The proposed Planned Development Amendment would not maintain consistency with signage on adjacent buildings with in the Planned Development. 3. Existing tenants/users entered into leases and agreements based in part on the signage restrictions as forth in the Sign Plan. 4. Hollywood Video knew or should have known about the sign restrictions prior to entering into its lease. 5. The proposed Planned Development Amendment would be detrimental to the aesthetics of the area. 6. 6. The proposed Amendment would place existing tenants and users at a disadvantage with differing standards within the Planned Development. 7. By greater weight of the evidence, it is hereby determined by the City Council that approval of the Planned Development Amendment is not warranted. 8. The Property maintains a viable use without a Planned Development Amendment. RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's requests for 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 Northeast Quarter of Section 31, is hereby denied. Dated at Eagan, Minnesota this day of , 2003. CITY OF EAGAN By: Pat Geagan Its: Mayor By: Maria Karels Its: Deputy Clerk S~ Agenda Information Memo April 15, 2003 CONSENT AGENDA P. ADOPT Resolution in Support of those Serving in the United States Armed Forces. ACTION TO BE CONSIDERED: To adopt a resolution in support of those serving in the United States Armed Forces. FACTS: • Per Council direction at the April 1, 2003 City Council meeting, a resolution in support of those serving in the United States Armed Forces is presented for Council consideration. ATTACHMENTS: • Attached on pages is the proposed resolution. SS Resolution in Support of America's Service Men and Women WHEREAS the Eagan City Council is proud of our nation's dedicated service men and women; and WHEREAS residents of the Eagan community are bravely serving our country as members of the United States Armed Forces; and WHEREAS many of America's service men and women are separated from their families, friends, and loved ones; and WHEREAS those serving in the United States Armed Forces risk their lives in the name of freedom; NOW, THEREFORE, BE IT RESOLVED that the City of Eagan recognizes and honors the men and women of the United States Armed Forces for their commitment and service to our nation. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, Mira McGarvey, Deputy Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this. Mira McGarvey, Deputy Clerk ~6 Agenda Memo April 15, 2003 CONSENT AGENDA: Q. 2003 Commercial Fertilizer Applicator Licenses ACTION FOR CONSIDERATION: Approve 2003 Commercial Fertilizer Applicator Licenses for: B&D Lawn and Tree Care 5203 54`h Avenue North Crystal, MN S&S Tree Specialist 405 Hardman Ave. South St. Paul, MN Guaranteed Spray, Inc. 9919 Valley View Rd. Eden Prairie, MN 55344 FACTS: A copy of the commercial applicator license issued by the State Agriculture Commissioner was received along with the application • Staff has reviewed the application and deem it in order for approval ATTACHMENTS: • A copy of the application is attached without page number. S~ Agenda Memo April 15, 2003 CONSENT AGENDA: R. 2003 Tree Maintenance Licenses ACTION FOR CONSIDERATION: Approve 2003 Tree Maintenance Contractor Licenses for: Shorewood Tree Service S & S Tree and Horticultural Specialists 14015 County Road 122 405 Hardman Ave. Watertown, MN S. St. Paul, MN 55075 FACTS: Staff has reviewed the applications and required documents and deem them in order for approval ATTACHMENTS: • Copies of the applications are attached without page number. 5$ Agenda Information Memo April 15, 2003 CONSENT AGENDA S. Agreement to Lease Two (2) Harley Davidson Motorcycles for Training Purposes This item was pulled from the agenda by the Police Department due to other arrangements being made to use motorcycles from another police department. 59 Agenda Information Memo April 15, 2003 Eagan City Council Meeting T. WINTER TRAIL MAINTENANCE PROGRAM (2003-2004) ACTION TO BE CONSIDERED: Approve the Winter Trail Maintenance Program for 2003- 2004 and an amendment to the related policy. FACTS: • In 1998, the City implemented a comprehensive Winter Trail Maintenance Program providing for the snow removal of approximately 50% of the City's transportation trail system (adjacent to collector/arterial streets). • Part of that program included a policy that included, among other things, a schedule for Council review and possible revisions to the most current adopted plan. • At the April 1 Council meeting, the Council received and considered changes resulting from 2 Citizen Petitions (CP), 2 Citizen Requests (CR) and 3 options presented by staff for Additional Consideration (AC). As a result of that discussion, the following action was taken: • CP #1 (Gramercy Park) was continued to the April 8 Council Workshop for further consideration. • CP #2a (Timberwood Village) was denied. • CP #2b (Timberwood Village) was continued to the April 8 Council Workshop for further consideration. • CR #1 (Skyline Drive) was denied • CR #2 (Pilot Knob Rd -Wescott To Duckwood) was the April 8 Council Workshop for further consideration. • AC #1 (Central Parkway -Yankee Doodle to Pilot Knob) was approved. (ADD 0.55 miles = $838) • AC #2 (Cedar Grove Pkwy -Rahn to Hwy 13) was delayed for consideration at a future time. • AC #3 (Silver Bell Rd. -Cedar Grove Pkwy to Silver Bell Center) was delayed for consideration at a future time. • After this action, the Council approved an amendment to the "Process" section of the current policy as follows: • All requests for possible inclusion into the following season's program must be submitted in writing to the City by April 1 for consideration by the Council at the next available Workshop with final action to be taken at the next regular Council meeting thereafter. • At the April 8 Council Workshop, the Council addressed the 3 segments that were continued from the April ls` meeting. The following actions were directed to the April 15 regular Council meeting for formal ratification: • CP #1, Approve adding the north side of Yankee Doodle Rd. (Coachman Rd. to Pilot Knob Rd.) to the current plan. (ADD 0.6 miles = $ 920) • CP #2b, Deny adding the west side of Pilot Knob Rd. (Lone Oak Rd. to Towerview Rd.) • CR #2, Approve transferring the west side of Pilot Knob Rd. (Wescott Rd. to Duckwood Dr) to the east side. (no mileage change = no cost impact) ATTACHMENTS: • Location map for CP #1, CP #2b & CR #2 will be included as part of the Additional Information Packet on Monday. 6a Agenda Information Memo April 15,2003 Eagan City Council Meeting U. AUTHORIZE REPLACEMENT OF DASHER BOARD SURFACE. WEST ARENA ACTION TO BE CONSIDERED: To authorize the replacement of the dasher board surface in the West rink at the Civic Arena FACTS: • The West arena dasher board surface (Kydex Poly) has experience numerous break outs, including cracking and holes, during the past season. The Civic arena will starting its ninth season this fall. • The holes have been disruptive to game play, even when repairs are completed in as timely manner as is possible. • $3,000 per year has been set aside in the "Renewal and Replacement" fund for Dasher board replacement. • Its estimated that the replacement cost will be in the range of 16,000-18,000 • The arena will be closed from during May and reopening on June 12, a time period in which the replacement work will be completed. • With Council authorization, formal quotes will be taken for the repair work to proceed. ATTACHMENTS: None 6/ Agenda Information Memo April 15, 2003, Eagan City Council Meeting V. APPROVE REVISED PURCHASE OFFER FOR SALE OF 4185 STRAWBERRY LANE PROPERTY ACTION TO BE CONSIDERED: • To approve a revised purchase offer for the City-owned property at 4185 Strawberry Lane. FACTS: At the regular meeting on April 1, 2003 the City Council approved the acceptance of the high offer of $258,324 for the purchase of the City's previously purchased property at 4185 Strawberry Lane. Upon completion of an inspection as provided for in the purchase offer, the buyers requested a reduction in the sales price of $4,000 due to the necessity to undertake roof repairs at the property. Staff countered with a $2,000 reduction, considering the combination of a relatively good original offer and the cleaz notification of an "as is" sale. The buyers have further studied the fungal abatement work, house changes, and backyard changes and finally again countered with a request for the City to pay $3,000 of the closing costs, effectively reducing the net offer to the City by $3,000 from $258,324 to $255,324. The City Attorney's Office, City staff and the City's realtor have concluded that the proceeds to the City are still appropriate and the offer should be accepted. The original listing was for $255,000 and that was reduced once to $249,900. Consequently, even at the reduced offer, the sale is at approximately the original asking price. Given the circumstances surrounding the property with the flood mitigation work, etc. this seems to be a fair conclusion. 6a Agenda Information Memo April 15, 2003 Eagan City Council Meeting W. APPROVE LAND ACQUISITION FOR CREATION OF JP-47.2 ALUM SETTLING BASIN ACTION TO BE CONSIDERED: Authorize the use of eminent domain to acquire sufficient land to create JP-47.2 FACTS: • The alum dosing facility to benefit Fish Lake water quality was built in 1998 at the storm water lift station next to Hurley Lake. Until the City acquired the land or ponding easement to construct a specific alum settling basin, the alum/phosphorus material would accumulate in JP-47, a wetland located east of Denmark Avenue and classified by the City as a Class VII-Sediment Basin. • On October 14, 2002, the City Council authorized: ])removal of alum sludge accumulation from JP-47, 2) creation of a sediment basin within JP-47, and 3) prioritization of the construction of a settling basin on land between Hurley Lake and JP-47, subject to land availability and pending development. This did not occur. • Until an artificial settling basin is constructed, the alum injection system cannot be operated. In the late 1990s, the City was aware that this may become an issue during discussions and issuance of the first (experimental) permit. • The development of an "off-line" alum settling pond (proposed JP-47.2) eliminates the need to seek a variance from State water quality regulations, significantly reducing the permitting costs for the long-term operation of the system. • A preliminary schedule provides for construction of proposed JP-47.2 by the end of this year and removal of alum sludge from JP-47 by the end of the upcoming winter. The schedule facilitates the opportunity to re-start the alum injection system by April 2004. • The land on which proposed JP-47.2 would be constructed is currently owned by Mr. Pat McCarthy, 1275 Deerwood Drive. Approximately 2 %z acres of land would provide adequate area for the construction of the pond. • Because of an appeal of a lawsuit involving land ownership, eminent domain will be required. • Funding will come from the water dedication fund. Attachment: • Proposed City Pond JP-47.2 Alum Settling Basin, page ~. 63 ~9 ~~ ~ ~ N y¢ L ! N pp C m S x @b ~ N f $ 4 ~E o a m i 8 a ~ ` S, a iy a ~ pm a ~ a ~ w c° 8 ~ 8 "1_ Q' m`o 8 $ L B 3 ti 0~.~ 0 o ~ W a 8 ~ Agenda Information Memo April 15, 2003 Eagan City Council Meeting X. Receive Minutes From Communications Committee Meeting & Approve 2003 Eagan Communications Plan ACTION TO BE CONSIDERED: Recognize and acknowledge Communications Committee work and adopt 2003 Communications plan. FACTS: • In May, 2002 Director Garrison was hired to head communications. • Over the next month he had conversation with Administrator Hedges, department directors, community partners and council members to determine key concerns and areas of need; • Based on those conversations, in late May, Director Garrison laid out initial communications priorities which were further refined in a 2003 communications plan presented to Administrator Hedges in late January. • Following his review, that plan was presented to the Communications Committee (Carlson/Maguire) in March for their advice and comment. • The Communications plan is now presented to Council. ATTACHMENTS: • 2003 Communications Plan on pages ~' • Minutes of the March Communications Committee Meeting on page /b 6s Clt~/ O'f Eagan Tom Garrison Phone (651) 675-5008 Communications Director Fax (651) 675-5012 City of Eagan tga rrison@cityofeaga n.com Communications Plan 2003 .. s~ ~ ?~ City of Eaga n 66 Overview and Executive Summary There are five strategic goals the City of Eagan Communications Department will accomplish in 2003. (See Section Two for specific discussion of each goal.) The strategic goals are: ~- Successfully marketing and promoting the new Eagan Community Center. 2- Expanding and improving city communications via the World Wide Web. s- Developing an overall branding strategy and professional graphic standards for use of the Eagan logo and applying standards to City publications. a- Improving communications efforts particularly to new Eagan residents (identified by the community-wide survey as the group that has the least knowledge and approval of city services.) s- Building relationships with local media by anticipating City issues and responding quickly to media inquiries. 6~ Discussion of Specific Goals The Opportunity: It is said that there is no second chance to make a first impression. With the opening of the new Eagan Community Center in 2003, the City must successfully "hit the window" of opportunity to create favorable first impressions and positive responses to timely marketing and promotional efforts. We will do that primarily by: ~~ Creating a comprehensive marketing and promotions plan with a detailed analysis of the target audiences, media opportunities, strategies and tactics, and persons responsible; 2) Securing City Council buy-in and funding; a~ Implementing the approved plan (via Parks & Rec. personnel and available resources); a~ Measuring outcomes and developing strategies for continuous improvement 6g~ The Opportunity: The community-wide survey identified that a high percentage of Eagan residents are connected online. Cities face increasing demands to deliver information and services to residents and businesses via the Web. This requires not just the upgrading of technical systems and easy, consistent delivery of information, but organizational change, the removal of bottlenecks, and staff training for quality information delivery. We will accomplish our objectives by: ~~ Installing a content management system for consistent display of information with improved search capability, greater ability for multiple staff to contribute content using simple Word-based tools, a re- designed Home Page and voluntary a-mail subscription lists to speed requested information to residents and businesses as soon as it is available. Note: The CMS system will provide an excellent platform to later add e-services or e-permits in the future; 2) Setting sunsets for information on the site to automatically remove dated information from the site; s~ Complying with ADA requirements to expand accessibility of Eagan's site by all its residents; a~ Removing technical bottlenecks that aimit content posting to one or two individuals with specific HTML knowledge and training staff on how to quickly, easily and consistently submit content; s- Analyzing site traffic and trends and making improvements to content and structure; s- Determining future Web improvement priorities; ~- Launching new Web capabilities. 69~ The Opportunity: Eagan has a variety of City publications that often appear to be unrelated and not of the same "family." This fails to maximize the very positive Eagan "brand." Likewise, Eagan lacks graphic standards in the way in which its logo appears in its various uses (in print, on clothing, on the Web, etc.) Most professional organizations adopt standards for graphic usage and make the appropriate fonts and file formats available to staff and vendors for consistent use that maximizes the City's image. Note: Eagan does not currently have a consistent logo or a branding strategy. Further note: No one is tampering with the Eagan tree, but rather recommending the best color, size, font, and file formats to accomplish our communication objectives in all forms of media-print, Web, stationary, clothing, etc. Eagan will accomplish its branding and graphic standards objectives by: a~ Suggesting easy and effective ways that all Eagan publications can appear to be part of the same family; 2) Establishing rules for consistent use of the City logo; a) Compiling and making available a graphic standards guide detailing the appropriate use of the City logo in various formats; a~ Determining strategies for maximizing and extending the Eagan brand. 4 ~~ The Opportunity: More than one out of four (26%) of Eagan residents have been here less than five years according to the 2002 community-wide survey. While Eagan residents rate city services highly, it is among the new resident population that scores are at the lowest. We must do a better job of informing our new residents about all that Eagan has to offer. By focusing efforts on new residents, the City of Eagan has an opportunity to better welcome and connect its new residents, improve City approval ratings, and create additional ambassadors for Eagan. " Eagan will improve new resident communication by: ~~ Surveying a sample of new Eagan residents to find out what information they feel is most important to have; s~ Comparing those needs to the calls for information City Hall receptionists and front counter workers most receive; 3~ Revising and updating a new New Resident Guide for Eagan residents including new City phone numbers a~ Creating an attractive video about Eagan-its major attractions, key businesses, great schools, etc.-that can be shared with realtors, sent to prospective businesses or residents thinking about locating in Eagan, and used in Cable and Convention and Visitor's Bureau promotions of Eagan. 5) Sending new resident guide to all new utility hook-ups in Eagan (approximately 1200 a year) with additional copies available at City Hall and the ECVB. s~ Meeting with the Eagan Welcome Wagon personnel to determine other effective strategies to reach new residents. '7/ The Opportunity: Part of the responsibilities of Eagan's new communications direction is issues management and looking after Eagan's solid reputation. Being new, it is incumbent upon the director to get to know media covering Eagan so he can suggest positive stories about the City, mitigate negative coverage and be on top of what is going to be in the press next about Eagan. Getting the City's point of view across requires accurate information quickly delivered and with context. There is no ability to shape coverage once the story is written or firm assumptions have been made. Calling for PR help after a problem has occurred is too late. Providing sound, strategic advice to Council, Directors and staff in advance of communication efforts greatly assists in getting the City's point(s) across clearly and professionally, thereby avoiding scrambling later. The communications director will build media relationships by: ~) Meeting reporters who cover Eagan to determine their interests, and the most effective ways to provide them with information (what they need and how they need it.) The communications director will anticipate upcoming issues by: ~) Regularly consulting with the City Administrator and directors and being available for communications advice counsel, and training; 2) Inform staff of City policies regarding media contact; a) Keeping well informed of current news, lawsuits against the City, and reporter interests; a) Wherever possible, getting back to reporters with enough time to still affect the outcome of the story. s) Regularly getting out press releases and City messages highlighting news developments; new city services, and positive feature story possibilities. ~~ The communications department will quickly respond to media inquiries by: ~~ Being available by phone or pager; 2) Being available to Administrator Hedges, Police Chief Therkelsen, or Fire Chief Jensen 24-7 in the event of major city emergencies or serious stories requiring communications help. Note: Police have their own public information officer, but Director Garrison is available for advice and counsel as needed and for all city emergencies. ~f3' Additional Priorities In addition to the five major goals listed earlier, and other issues that come up over the course of the year requiring communications assistance, the following objectives will also require time and attention of the communications director. Other Objectives: ^ Enhance Burnsville Eagan Community Television revenues, launch new local newscast and promotional efforts; ^ Determine best practices and best strategy/strategies for improving employee communication; ^ Redesign Eagan Business News for more effective information delivery; ^ Comply with new environmental reporting and communications efforts required by federal government; ^ Help launch Partnering with the Eagan Convention and Visitors Bureau (ECVB), Eagan Parks and Rec., and the local and state youth lacrosse associations, to launch first of its kind Midwest tournament to attract more visitors to Eagan; ^ Improve oversight of ECVB and create a closer working relationship with the City. ~~ Communications Committee Meeting Minutes 3/10/03 Present: Councilmember Carlson, Councilmember Maguire, Communications Director Garrison The committee met to review and comment on the 2003 communications plan, how to increase understanding and reduce jargon in notification letters the City sends out, and other short range and long range communication opportunities and challenges. In reviewing the communications plan, committee commented favorably overall that these were the right objectives and goals. Councilmember Maguire suggested greater detail in the plan, however, Councilmember Carlson commented that when the previous Council had asked for the plan, they wanted a general outline and more emphasis put on actually accomplishing the objectives rather than detailing everything in a thick plan. There was general agreement that the plan serves as a useful guideline for communication goals in 2003. The plan listed five primary objectives for 2003: - Successfully marketing and promoting the new Eagan Community Center - Expanding and improving city communications via the Web - Developing an overall branding strategy and professional graphic standards for use of the Eagan logo and applying standards to City publications - Improving communications efforts, particularly to new Eagan residents - Building relationships with local media The Committee raised three specific concerns: 1. That significant publications not go out without the Communications Department having first reviewed; 2. That a focus be not just on the general flow of information out of City Hall, but on encouraging citizen feedback coming back in to City Hall; 3. While the City does legal notifications well, there was a concern or perception that City staff could do a better job with common courtesy notifications and invitations; and a related concern that notifications we do send may contain difficult to understand terms or jargon and maybe lacking an understandable map of affected areas. It was agreed that for items two and three the City's new Web site technology (to debut later this Spring) will aid in two-way interactions and information delivery. Maps and definitions of terms should be posted on the Web too. The committee recommended that the initial priority for a-mail subscription lists should be: a) Council agendas and minutes b) Community Center programming c) Perhaps Cedar Grove updates ~s The committee recommended a glossary of terms be included in standard letters. Director Garrison will review the most common standard letters and meet with staff to develop easy-to-understand definitions in April. (This task was added to the Council's Management by Objectives list.) Regarding reviewing copy of publications that go out, it was agreed that the proper role for Communications was to review contents page and covers; not every single page of every publication put out by other departments. Director Garrison is also available to meet with individual departments or directors regarding their publication plans, and he should look for ways to unify the look of these City publications. Councilmember Carlson felt there maybe need for some formal policies requiring prior review of publications by Communications before they are published by other departments. (Note: the city newsletter and business newsletter are Communications Department projects and are already reviewed. Discover Us, the water quality report, etc., are examples of other department publications not generated by Communications.) Councilmember Maguire indicated his strong desire for periodic public forums for residents to be able to raise their concerns. '76 Agenda Information Memo April 15, 2003 CONSENT AGENDA Y. APPROVE the 2003 Goals of the Airport Relations Commission (ARC) ACTION TO BE CONSIDERED: To approve the 2003 Goals of the Airport Relations Commission (ARC). FACTS: The ARC held their annual goals setting workshop on March 3, 2003. At their regularly scheduled April 8 ARC meeting, the commission approved the goals set forth at the March 3 workshop and directed that the goals be brought to the City Council for consideration. ATTACHMENTS: • Attached on page~~through~ are the issues identified as needing attention by the ARC, as well as the goals/priorities established by the ARC for Council consideration. ~~ AIRPORT RELATIONS COMMISSION WORK SHOP MARCH 3, 2003 NOTES ISSUES • *ANOMS - Baseline monitoring /Runway 17/35 • Emissions and other non-noise impacts-health impacts • Safety concerns/impacts of new runway • Appoint Representative to Noise Oversight Committee (NOC) • Forecast questions and communicate answers regarding new noise contours • Public Relations -Education Program • Realtors' Forum (May 21, 2003-City Hall) • Types of Noise - Low frequency • Communications Plan to incorporate all elements • SE ANOMS tower -Request to MAC • Address Business Community's concerns COMMUNICATIONS PLAN • Cable TV - Basic program relative to new runway and include "numbers" related to the new runway - Emphasize positive impact of new runway as well • Speakers Forum (an opportunity for ARC members to speak to groups)-ARC members serving as ambassadors for the City on airport issues • *Key Messages - Talking points ~v • Businesses-communicate the existence of the ARC • Keeping Northwest Airlines • ARC Mission Statement • STOP TALKING -START COMMUNICATING • Improve relationship with City Council GOALS/PRIORITIES 1. ARC Communications Plan 2. Corridor Monitoring 3. NOC representative (start work and follow up on their progress) 4. 17/35 Baseline monitoring a. Part 150 Contours 5. 17/35 Non-noise issues -Include as part of the Communication Plan (goal is to present research, not advocate positions) ~9 Agenda Information Memo April 15, 2003 Eagan City Council Meeting PUBLIC HEARINGS A. SIGN VARIANCE -NORTHERN POWER PRODUCTS - 2859 LEXINGTON AVENUE SOUTH ACTION TO BE CONSIDERED: To approve a Variance allowing two additional product name signs for one tenant of a multi-tenant building located at 2859 Lexington Avenue South in a Business Park zoning district in the SE '/4 of Section 03. FACTS: • The applicant would like to place two additional product name building signs in addition to the one product name sign allowed, resulting in a total of five signs on two building elevations; three product name signs and two business name signs. • City Code allows for no more than three total signs, distributed on up to two elevations in a combination of one elevation displaying a business name sign, and one elevation displaying a business name sign and a product name sign for a total of three signs. • If approved, City Code requires a sign permit and permit fees be submitted before sign installation. ATTACHMENTS (1) Staff report, pages through ~o PLANNING REPORT CITY OF EAGAN REPORT DATE: April 9, 2003 APPLICANT: Northern Power Products CASE: 03-VA-03-03-03 HEARING DATE: April 15, 2003 Roger Lervick PROPERTY OWNER: RK-KB Properties LLC REQUEST: Sign Variance APPLICATION DATE: March 17, 2003 PREPARED BY: Mary Granley LOCATION: 2859 Lexington Ave. So. COMPREHENSIVE PLAN: BP, Business Park ZONING: BP, Business Park SUMMARY OF REQUEST Roger Lervick, representative of Northern Power Products and RK-LB Properties LLC, is requesting approval of a Variance to allow two additional product signs for property located at 2859 Lexington Avenue South in the SE '/4 of Section 03. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3 states that the City Council may grant a variance from the strict application of the provisions of the applicable Code provisions and impose conditions and safeguards in the variance so granted where practical difficulties or particular hardships result from carrying out the strict letter of the regulations of such Code provisions. The City Council may approve, approve with conditions or deny a request for a variance and shall consider the following factors: 1. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of the property have no control. 2. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. 8i Planning Report -Northern Power Products Apri109, 2003 Page 2 of 4 3. That special conditions or circumstances do not result from the actions of the applicant. That granting of the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. 4. The variance requested is the minimum variance which would alleviate the hardship. 5. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS Chapter 11, Sec. 11.70, Subd. 25E states single-tenants or tenants in end units in multi-tenant buildings are allowed no more than three total signs, distributed on up to two elevations in a combination of one elevation displaying a business name sign, and one elevation displaying a business name sign and a product name sign for a total of three signs. Chapter 11, Sec. 11.70 Subd. 25E further states no signs or combination of signs mounted upon a building shall cover in excess often (10) percent of the gross area of a side in the Business Park zoning district, product name signs shall be subordinate to business name signs, and all business signs mounted on a building shall be similar in design. BACKGROUND/HISTORY The subject site is 4.45 acres in area, is zoned BP- Business Park, and contains one 50,000 square foot concrete building constructed in 2001. EXISTING CONDITIONS The subject building faces Lexington Avenue and the residential McKee Addition to the east, Interstate 35E to the west, and single-family dwellings to the north and south. The loading docks are on the west side of the building facing Interstate 35E, and the main entrance is on the east side of the building facing Lexington Avenue. ,~~ ~,r, ~;~-; _ -- --- - - ~. , ~~ #f ,' # . /i ~~~ ~ ' ~ .... ~ x ~ ~ ~,....~._ __ _ .- The building houses Northern Power Products, an engine distributor, in a 30,000 s.f. tenant space at the south end of the building. A vacant 20,000 s.f. tenant space is located at the north end of the building. A temporary "For Lease" banner is placed on the west side of the building facing 35E. The front facade of the building measures 27' high and 275' wide (7425 sq. ft. in area), and is constructed of raked concrete panels. ~~ Planning Report -Northern Power Products Apri109, 2003 Page 3 of 4 Existing permanent building signage consists of the Northern Power Products business name in blue and white non-illuminated letters, 3' 6" high and 11' long (38.5 s.f. in area), located on both the west and east sides of the building. The applicant has yet to install the City Code allowed one product name sign. EVALUATION OF REQUEST The applicant is requesting a Variance to allow for the placement of two product name building signs in addition to the one product name sign allowed. If approved, Northern Power Products would have a total of five signs on two building elevations; three product name signs and two business name signs. Two of the three proposed signs would be constructed of blue non-illuminated letters 1-1/2' in height. The Kubota Engines sign would measure 4'6" in length. The Kawasaki Engines sign would measure 6'4" in length. The third sign is a 4' x 4' non-illuminated Ford Power Products sign in red, white, and blue colors. ~1~ ~ ~ Eng nes ~~ ~ ~sa~ Engines The Kubota and Kawasaki signs would be centered and placed on each side of the proposed Ford Power Products sign. The proposed location of the three signs is ~" " " ' _ ' "'""'~'" ~" - ~' - ~- indicated by the arrows in the photo on this - ~- = _ -- _- ___-__ _ _ _ __: ~___, Page• ~ The Kubota Engines sign would tota16.75 s.f. in area. The Kawasaki sign would total 9.495 s.f. in area. The Ford Power Products sign would total 16 s.f. in area. These signs would tota132.245 s.f., and be subordinate to the Northern Power Products business name ~~II~ ,.~ ~ 1 ~~ r i .~ i~ sign which totals 38.5 s.f. The proposed east elevation signage, in ~,...3:~:~..,.~.;u~~ ri_ .. b: _~:s.:w p~..__ : ,~ ., combination with the existing Northern Power Products sign, would tota170.745 s.f. or .953% of the building facade and be compliant with City Code regarding maximum building coverage. 43 Planning Report -Northern Power Products Apri109, 2003 Page 4 of 4 Upon leasing, the tenant in the 20,000 s.f. unit would be allowed no more than three total signs, distributed on up to two elevations, in a combination 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. APPLICANT'S ESTIMATE OF HARDSHIP According to the applicant, the hardship for the requested Variance is based on the following factors: 1. The viability of the applicant's business is dependent on carrying multiple product lines, and consists of distribution agreements with manufacturers who require the applicant to identify their business with the manufacturer's product; 2. Identifying one product results in slighting the other products the applicant carries, and limits the applicant's ability to identify their business enterprise. SUMMARY/CONCLUSION Roger Lervick is requesting a Variance for two additional product name signs to increase the allowed number of building signs for this business from three to five. A determination of whether or not the applicant has sufficiently demonstrated a hardship is considered a policy matter to be determined by City Officials. ACTION TO BE CONSIDERED To approve a Variance allowing two additional product name signs for one tenant of a multi- tenant building located at 2859 Lexington Avenue South in the SE 1.4 of Section 03. If approved, the following conditions of approval shall apply: I . If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. Sign Permits must be obtained prior to any sign installation. ~~ Eapan Boundary Location Map ' ~P~ ~~ '~ Buildlny Footprint ~~~ ~ a• ~ - F --~ 1.d - L.~~'tl~\ C^l, _ _ _ t ~_ r I," ~ ~ ~~ ~ 1 ~ (~.y / /,(/' ~ ~ ' ` ~, Sub ect site ~ o ~ \\ ~ `< `lJJ ~ ', ~~ r ~ ~ A ~ _< ~~ ~ '', ~~ o ~ ~ ~~,~ ~ ...~ . ~ ` - ' ~~ ''•' ~ ~ ~ "` ; F T. , i~ l ~~ J ~ ~ / ` ~ ~ ~ ~ ~e t ~ ~ ~ 4 I ~Y V v / ~ ~.~ s~-1 ~i F~.4'. l_ ` ~ ~ ~ ~ T ~J ~ ~ ~" ©~ ~ ~~ r-' ~ ~T ~ C4 - ` ' ~ ~ f ~ . ~ p ~ ~ ~_ ~ ~' ~ ~ t" ~ _ ~- ~ -t ~- - ---•-----~ ~ ~ I ~ ~' ' 3 ~P J r-- r i I " ~ ~ ~. ~ _ _ ~.~ -- i k 1000 0 7000 2000 Feet Development/Developer: Northern Power Products Application: Variance Case No.: 03-VA-03-03-0 ~(~ Map Prepared veiny ERSI McUiav+7.1. Feed Ww map mn provided by Dakota County Otf1a of GIS and 4 currant n of Fabnury 200]. N city of ¢ac~an TNIS MAP IS INTENDED FOR REFERENCE t18E ONLY Tito Clty of Eayan •nd Dakota County do not yuarantoa the accuracy of this iMormatlon and an W 1: S Wmnwrrty Dwalep~l D~Mrt~nt not nsponsibb for errors Or omluions. NORTHERN LrCJ~:IV ~Ln1 PRODUCTS, INC. Ford Power Products Kubota Industrial Engines March 17, 2003 Honorable Mayor Pat Geagan and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Mayor and Council Members, VARIANCE REQUEST PROPOSAL This variance is submitted to request the addition of two products signs beyond the one allowed in the current Eagan Code Sec. 4.20. Placement, erection maintenance of signs; Subd. 5. A.1. The code allows for one elevation for the business name sign and one elevation for a business name sign and a product name sign for a total of three signs. Attached to this request is a rendering of the front elevation of our building illustrating the proposed placement of products signs and the existing business name sign. These signs combined cover less than 1 % of the front facade of the building. Current code allows up to 10% of the facade for business name and product signage. Northern Power Products, Inc. distributes gasoline and diesel engines to original equipment manufacturers, dealers and end users such as contractors, municipalities, fleets and various industrial plants. The viability of our business is dependent of carrying multiple product lines and requires distribution agreements with manufacturers which require us to identify our business with their product. The current code presents a hardship to a business like Northern Power Products, Inc. as identifying one product only results in slighting the other products we carry and limits our ability to properly identify our business enterprise. ctfully o wick NORTHERN POWER PRODUCTS, INC. B6 NARRATIVE 2859 Lexington Ave. So. P.O. Box 21348 Eagan, MN 551 2 1-0348 • Phone (651) 452-8900 • Fax (651) 452-9182 0 e Q. w C7 a z 0 w O O U ~ Z w H U Q O a w 0 a w 0 z 87 Agenda Information Memo April 15, 2003 B. PROJECT 806R, KENNERICK ADDITION (POND HDP-11 STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Close the public hearing to consider Project 806R (Kennerick Addition, Pond HDP-1-Trunk Storm Sewer Outlet) and; OPTION 1) Cancel Project 806 and Approve Project 806R and authorize the preparation of a contract that may be let within 2 years after said approval; OR OPTION 2) Cancel Project 806 and Project 806R. FACTS: • On September 15, 2000, city staff received a petition signed by Brad Swenson, developer of the Kennerick Addition, and Eileen Kennedy, 1415 Lone Oak Road, requesting the installation of a storm sewer outlet for Pond HDP-1 on the north side of Lone Oak Road (County Road 26), west of Pilot Knob Road (County Road 31). • On October 3, 2000, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule of the construction of a storm sewer outlet for Pond HDP-1 to serve the proposed Kennerick Addition and additional adjacent properties. • On June 5, 2001, the City Council approved Project 806, authorizing the preparation of detailed final plans and specifications, including an alternate for directional drilling, and the acquisition ofright-of--way and easements through quick-take Eminent Domain. • On June 4, 2002, the Council rejected the bids for the storm sewer improvements for a storm sewer outlet for Pond HDP-1, including an alternate for directional drilling. • On February 18, 2003, a public hearing was held to consider the updated Project 806R. Due to the presentation of new information to the Council and residents at the public hearing regarding an alternative alignment, the public hearing was continued to the April 15, 2003, City Council meeting. The Council directed staff to prepare plans for bidding with the original and alternative alignments, construction methods and pipe materials. • On March 12, 2003, another informational neighborhood meeting was held with the affected property owners. The options of alignments and construction methods discussed at the February 18 public hearing were further discussed with the neighborhood. The consensus at this meeting favored a more direct alignment between the ponds, traversing through the Zehnder Acres by the underground boring or horizontal drilling of a pipe. 11 people representing 9 properties attended the informational meeting. • The City of Eagan will have access to all of the needed easements for the original feasibility report storm sewer alignment by May 12 through the quick-take Eminent Domain process. • Additional notices have been sent to all affected property owners informing them of this continued public hearing. ISSUES: • In case the storm sewer option favored at the March 12 neighborhood meeting is supported by the City Council, it will be necessary to acquire the new easements for the alternative alignment prior to the Council's project approval and contract award. Staff will provide an update of the easement status at the Public Hearing. ATTACHMENTS: • Feasibility Report, pages ~ through • Options Cost Flowchart, pages ~ and • Alternate Storm Sewer Alignment Exhibit, page~_. 8g •~: ~ ?w ~ ~. city of eac~~n AMENDED Report for Kennerick Addition Storm Sewer Improvements ~`~~p~~e ~~.p ~~ ,~ 5 iYI'~v y M^`~ '' s ~ ~ ~ ~' ~~~~, ~ t L+~ ~-~.e~,,.rra+.r~ ~jEa EA~~i .~ ~tiG~~+~~•'~G D~~ City Project No. 806R Eagan, Minnesota February 2003 File No. 49-00-111 89 Bonestroo ~ Rosene ~~ Anderlik & ''~, Associates Engineers & Architects February 10, 2003 Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer and Employee Owned Principals: Otto G. Bonestroo. PE. Marvin L. Sorvala. PE. • Glenn R. Cook. PE. • Robert G. Schunicht. PE. Jerry A. Bourdon, PE. Senior Consultants: Robert W. Rosene. PE. • Joseph C. Anderlik, PE. • Richard E. turner, PE. • Susan M. Ebertin. C.PA. Associate Principals: Kerth A. Gortlon. PE. Robert R Pfefferle, PE. Richard W Foster. PE. • David O. Loskota. PE. Mark A. Hanson, PE. • Michael T. Rau[mann, P.E. • Ted K. Field. PE. • Kenneth P Anderson, PE. • Mark R. Rolfs, PE. David A. Bonestroo, M.B.A. Sidney P Williamson. PE.. L.S. Agnes M. Ring. M.B.A. Allan Rick Schmidt, PE. Thomas W Peterson, PE. • James R. Maland. PE. Miles B. Jensen, P.E. • L. Phillip Gravel III. BE. • DaNel J. Edgerton. PE. Ismael Martinez. P.E. Thomas A. SyFko. PE. • Sheldon J. Johnson • Dale A. Grove. PE. • Thomas A. Roushar, PE. Robert J. Devery, PE. Offices: SL Paul, St. Cloud, Rochester and Willmar, MN • Milwaukee, WI • Chicago. IL Webtite: www.bonestroo.com Re: Amended Report Kennerick Addition Storm Sewer Improvements City Project No. 806R BRA File No. 49-00-111 Dear A4ayor and Council: Attached is our amended report of the previous report, dated Apri12001, for Kennerick Addition Storm Sewer Improvements. Proposed utility improvements are presented and discussed within the report along with detailed cost estimates and a preliminary assessment roll. We will be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss the report. Respectfully submitted, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. J~~ ~ /~~~.~- Kevin B. Kimmes Attachment I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. ,~r~ Kevin B. Kimmes Date: February 10, 2003 Registration No. 42397 Reviewed by: ?L~-- '~ ~~r1 ~;~ -z- ~ 3 -~ -3 D en of Public orks Reviewed by: Finance epartment Date: ~ -13 •v3 90 2335 West Highway 3G . St. Paul, MN 55113 • G51-G3G-4G00 . Fax: G51-G3G-1311 TABLE OF CONTENTS Letter of Transmittal ......................................................................................1 Table of Contents .......................................................................................... .2 Scope ........................................................................................................... .3 Figure No. 1 -Location Plan ............................................................ .4 Project History .............................................................................................. .5 Recommendation ......................................................................................... .6 Feasibility Necessity and Cost Effectiveness ...............................................7 Discussion ...................................................................................................... 7 Easements and Permits .................................................................................. 9 Wetland Jurisdiction Pond HDP-1 ................................................................. 10 Cost Estimate ................................................................................................. 10 Areas To Be Included .................................................................................... 11 Assessments .................... Revenue Sources ............. Project Schedule .............. ..............12 ..............13 ..............13 Appendix A -Preliminary Cost Estimate Appendix B -Preliminary Assessment Roll Figure No. 2 -Existing Conditions Figure No. 3 -Proposed Storm Sewer and Contributing Drainage Area Figure No. 4 -Pond & Plantings Figure No. 5 -Assessable Area Figure No. 6 -Easements 9/ Amended Kennerick Addition Storm Sewer Improvements SCOPE This project provides for the construction of a trunk storm sewer outlet pipe from Pond HDP-1 to Skyline Road. Pond HDP-1 is located north of Lone Oak Road (CSAH 26) and east of Lone Oak Lane (See Figure 1). Pond HDP-1 is gland-locked pond with no storm sewer pipe outlet. Pond HDP-1 is located in Zehnder Acres, platted when Eagan was a township. Seven (7) residential homes abut Pond HDP-1. Eagan's current Stormwater Management Plan (SWMP) provides for the storm sewer outlet pipe from Pond HDP-1 be constructed north to Skyline Road. The pond outlet pipe is recommended at this time to comply with Eagan's SMP and the proposed Kennerick Addition, a residential subdivision. In addition, it's proposed to rehabilitate Pond HDP-1 by removing the sediment plume from the Lone Oak Road drainage, pre-treat runoff in the water quality pond from Lone Oak Road, and install wetland plant buffers. A water quality pond will be constructed southeast of Pond HDP-1 as part of this project, which will provide water quality requirements for both Kennerick Addition and the abutting drainage areas along Lone Oak Road. Kennerick Addition is an 8-acre plat including 17 single-family lots that has received preliminary approval from the City Council. Storm water runoff from the Kennerick Addition will ultimately discharge to Pond HDP-1. Water quality requirements for Kennerick Addition will be provided in the newly constructed ponding area southeast of Pond HDP-1. Amended Kennerick Addition Storm Sewer Improvements Bonestroo Rosene CITY OF EAGAN -AMENDED REPORT FIGURE 1 ° Anderlik & KENNERICK ADD. POND STORM SEWER IMPROVEMENTS ~ Associates Engineers & Architects CITY PROJECT No. 806R K~\49\490011!\CAD\dwg\49001I1R101.dwg 2/5/2003 8~513~25 AM CS7 4900111R101.DW0 FEBRUARY 2003 49-00-111 LOCATION PLAN --~ PROJECT HISTORY The original feasibility report for this project was prepared in April 2001. A neighborhood meeting was held on April 18, 2001, to review the project with affected residents and the developer for Kennerick Addition. A public hearing was held May 1, 2001 at which time the City Council and residents requested additional alternatives be investigated such that the public hearing was continued. Those alternatives were presented in a report dated May 10, 2001, and are identified as follows: Alternate 1 -Pond HDP-11 Expansion Alternate 2 - Kennerick Addition Storm Water Pond The alternates were presented to the City Council and residents at a public hearing on May 15, 2001. At that meeting the solution preferred by the City Council, which did not include Alternate 1 or 2, was to restore Pond HDP-1 and expand it to the southeast to provide storm water requirements for Kennerick Addition and the remaining drainage area. Construction documents were prepared in March and April of 2002 and approved at the May 7, 2002 Council Meeting. Bids were received May 30, 2002, but they exceeded the preliminary report and engineers estimate by approximately 30%. Because the low bid amount substantially exceeded the estimates and the easement acquisition process was not complete, the City Council rejected the bids and the project was put on hold. This amended report has been prepared for consideration and documents the current project scope and status. 9v Amended Kennerick Addition Stornr Sewer Improvements S RECOMMENDATIONS ^ The feasibility report be reviewed by the City CounciUStaff and a public hearing be scheduled for December 3, 2002. Present Feasibility Report January 21, 2003 Public Hearing February 18, 2003 Approve Plans and Specifications March 2003 Open Bids/Award Contract Apri12003 Final Completion September 2003 Assessment Hearing October 2003 First Payment Due with Real Estate Taxes May 2004 t ^ Wetland restoration, plantings, and pond cleaning/grading for Pond HDP-1 shall comply with Eagan requirements and the Wetland Conservation Act. (WCA) ^ Easements (drainage and utility) be established over Pond HDP-1 and the storm sewer outlet pipe to Skyline Road. Pond easements for Pond HDP-1 be acquired to the 1% storm water event high water level (HWL). Pond easements for Pond HP-11 located south of Skyline Road would not be acquired at this time, but when the abutting land develops when the ultimate pond configuration can be determined. ^ An alternate bid be received to directional drill the east-west trunk storm sewer in lieu of open cut excavation, to possibly save significant vegetation. • Assessments proposed herein are in accordance with Eagan's Special Assessment Policy for access to trunk storm sewer. Pond area credits to the 1% HWL have been applied to those parcels abutting Pond HDP-1 assuming pond easements are acquired. Assessments shall be further reviewed based on benefit. ^ Cost responsibility for storm water ponding for Kennerick Addition shall be based on percentage of land area tributary to Pond HDP-1 and runoff coefficient. ^ The project can be best carried out as one contract. 9S Amended h'ennerick Addition S~ornr Sewer Improvements 6 -~ FEASIBILITY NECESSITY AND COST EFFECTIVENESS The project is feasible from an engineering standpoint and is in accordance with the objectives established in the City's Stormwater Management Plan. This project is necessary to provide a storm sewer outlet pipe from Pond HDP-1 for flood protection and allow the development of the proposed Kennerick Addition. This project is cost effective based on existing conditions and acceptable standards proposed to construct the improvements. DISCUSSION The storm sewer outlet pipe from Pond HDP-1 is proposed to be constructed north to the existing storm sewer pipe in Skyline Road in accordance with Eagan's Stormwater Management Plan (SMP) (See Figure 3). The existing storm sewer facilities in and north of Skyline Road are in ~ place to the Minnesota River in accordance with Eagan's SWMP. It is premature at this time to develop and acquire the pond easement for Pond HP-11. The pond grading for Pond HP-11 will occur when the abutting land develops. It is also proposed, as part of this project, to extend a storm sewer pipe through the rip rap/eroded area located north of Lone Oak Road and south of Pond HDP-1. The eroded area would be re- graded and restored. This work will only be included as part of this project v~~ith the support and cost participation of the Dakota County Highway Department. The erosion is due to overland storm water runoff from the ditches and abutting land along Lone Oak ~ Road (Co. Rd. 26). Existing utilities (sanitary sewer, water main, and storm sewer pipe) are shown on Figure 2. The proposed pond grading for Pond HDP-1 is shown on Figure 4. Design criteria for Pond HDP-1 is summarized below: Pond HDP-1 NWL = 862.0 (Water Elevation Spring 2002) HWL = 865.2 (1 % Storm Event) Storage = 6.60 Acre Feet ^~ Amended Kenner•ick Addition Storm Sewer Impro>>ements 7 It should be noted the normal water level (NWL) for Pond HDP-1 that was assumed in the previous report, dated April 2001, was 859.3. However, during the plan preparation, the NWL ~~~as raised to 860.7, which was the ice elevation in February 2002. In the spring of 2002, the pond elevation was 862.0. Therefore, based on the abutting resident's desire to have a higher water level, the pond NWL was raised to 862.0. Hydraulic modeling was done to confirm the 1 % HWL and freeboard requirement was provided based on the lowest low entry elevation abutting the pond. The pond elevation was measured in September 2002, and found to be 862.3. However, it's proposed that the controlled water level for Pond HDP-1 be maintained at 862.0. Water quality requirements for Kennerick Addition and the abutting land will be provided in the ponding area southeast of Pond HDP-1. The ponding area southeast of Pond HDP-1 will be graded and developed as part of this project in conjunction with wetland restoration and landscape plantings for Pond HDP-1 (See Figure 5). The storm water requirements for Kennerick Addition are satisfied in Pond HDP-1. P~ Amended Kennerick Addition Storm Sewer hnprovements l EASEMENTS AND PERMITS Permits are required from Dakota County, and National Pollutant Discharge Elimination System (NPDES). A permit will be required from the City of Eagan to verify compliance with the Water Conservation Act. Permanent easements are shown on Figure 7 located at the back of this report. The table below shows the required permanent easements from each parcel for storm sewer pipe and Pond HDP- l. The pond easements for HDP-1 is shows both for below normal water level (NWL) of 862, and between the NWL and high water level (HWL) of 865.2 Parcel I.D. # Parcel Address Easement (S.F.) Pond HDP-1 Storm Se~~~er Below NU'L'L NWL-HWL 10-77250-063-00 1432 Skyline Road 1,083 10-77250-070-00 1450 Skyline Road 3,132 10-77250-100-00 N/A 12,496 10-88800-110-00 1457 Lone Oak Lane 259 10-88800-101-00 1444 Lone Oak Lane 1,749 10-88800-091-00 1441 Lone Oak Lane 751 3,064 12,211 10-88800-093-00 1445 Lone Oak Lane 0 3,716 5,109 10-88800-105-00 1449 Lone Oak Lane 0 3,153 4,618 10-88800-102-00 1455 Lone Oak Lane 0 3,274 4,126 10-88800-103-00 1459 Lone Oak Lane 0 0 1,566 10-88800-106-00 N/A 0 3,397 5,036 10-88800-107-00 1459%2 Lone Oak Lane 0 4,034 9,852 10-88800-104-00 1461 Lone Oak Lane 0 0 15,620 10-88800-090-00 N/A 9,533 7,039 12,350 Totals 29,003 27,677 70,488 Permanent easements required within the Kennerick Addition and Parcel 10-88800-90-00 (which is controlled by Kennerick Addition) are not shown above and will be acquired with final plat approval. 9g Amended Kennerick Addition Stoam Serer hrrprovenrents 9 WETLAND JURISDICTION APPLICATION The wetland associated with Pond HDP-1 is a jurisdictional wetland under the state Wetland Conservation Act. Based on the approved wetland delineation, the construction of the detention basin to treat runoff from the Kennerick Addition as well as the Lone Oak Road right-of--way will impact 0.2 acres of the jurisdictional wetland. As per the requirements of the WCA, this impact will need to be mitigated at a ratio of 2:1. Mitigation will be completed adjacent to the existing wetland, and will consist of 0.2 acres of new wetland creation and 0.2 acres of public value credit. Details of the mitigation plan are contained in the WCA wetland replacement application dated December 12, 2002 and the monitoring plan addendum submitted December 23, 2002. The wetland replacement application was mailed out for public notice on December 23, 2002. The comment period for the application ended on January 10, 2003 and no comments were received. A decision by the Eagan City Council was made to approve the application on January 21, 2003. COST ESTIMATE A detailed cost estimate is presented in Appendix A, located at the back of this report, which is also summarized below. The total estimated project cost is $409,000, which includes a 10% contingency and 30 percent indirect costs, construction interest, and legal expenses. which includes administrative, engineering, Trunk Storm Sewer Pond HDP-1 Easements $204,000 105,000 100,000 Total Contract Amount $409,000 Alternate Directional Drill Trunk Storm Sewer Add $51,000 The alternate cost estimate to directional drill the east-west trunk storm sewer is an additional $51,000 in lieu of open cut. Therefore, the total estimated project cost if the alternate for directional drilling is included, is $460,000. Amended Kennerick Addition Storm Sewer Improi~etnents 1 AREAS TO BE INCLUDED Property ID Number 10-00400-010-78 10-77250-010-00 10-77250-011-00 10-77250-012-00 10-77250-020-00 10-77250-030-00 10-77250-040-00 10-77250-050-00 10-77250-060-00 10-77250-061-00 10-77250-062-00 10-77250-063-00 10-88800-010-00 10-88800-020-00 10-88800-040-00 10-88800-051-00 10-88800-052-00 10-88800-060-00 10-88800-061-00 10-88800-070-00 10-88800-071-00 10-88800-072-00 10-88800-090-00 10-88800-091-00 10-88800-093-00 10-88800-094-00 10-88800-101-00 10-88800-102-00 10-88800-103-00 10-88800-104-00 10-88800-105-00 10-88800-106-00 10-88800-107-00 10-88800-110-00 10-88800-111-00 10-88800-112-00 Property Address 2975 Pilot Knob Road 2971 Pilot Knob Road 1430 Skyline Road 2973 Pilot Knob Road 1410 Skyline Road 1414 Skyline Road 1420 Skyline Road 1426 Skyline Road 1430 Skyline Road 1436 Skyline Road 1428 Skyline Road 1432 Skyline Road 2997 Pilot Knob Road 2987 Pilot Knob Road 1415 Lone Oak Road 1425 Lone Oak Road N/A 1429 Lone Oak Road 1427 Lone Oak Road 1431 Lone Oak Road N/A 1435 Lone Oak Road N/A 1441 Lone Oak Lane 1445 Lone Oak Lane N/A 1444 Lone Oak Lane 1455 Lone Oak Lane 1459 Lone Oak Lane 1461 Lone Oak Lane 1449 Lone Oak Lane N/A 1459% Lone Oak Lane N/A 1465 Lone Oak Lane 1467 Lone Oak Lane Amended Kennerick Addition Storm Sei+~er hnpro~~ements Kennerick Addition Kennerick Addition Kennerick Addition Kennerick Addition Kennerick Addition I1 _\ ASSESSMENTS STORM TRUNK Storm sewer and pond improvements proposed herein excluding the stone water/ponding requirements for Kennerick Addition are considered trunk. Therefore, assessments are proposed to be levied in accordance with Eagan's Assessment Policy for trunk utilities. The area proposed to be assessed is shown on Figure 6. The trunk area assessments rates are in accordance with Eagan's 2003 Fee Schedule (single family rate @0.0925/sq.ft. or $4,030/acre). A pond credit is shown for Pond HDP-1 to the 1% high water level (HWL) rainfall event in accordance with Eagan's assessment policy. Properties previously assessed for trunk area storm sewer are not proposed to be assessed. The Preliminary Assessment Roll is presented at the back of this report in Appendix B. KENI\`ERICK ADDITION Storm water/ponding assessment to Kennerick Addition is determined by percentage of land area tributary to Pond HDP-1 and runoff coefficient. The runoff coefficient for Kennerick Addition is assumed to be 0.60. The combination of runoff coeff cient and land area tributary to Pond HDP- 1, not including Kennerick Addition was measured based on existing land uses. The runoff coefficient (C) for different land uses and land area (A) not including Kennerick Addition has been calculated as follows: Land Runoff Area A Coefficient (C) C x A Hard Surface 1.90 ac. 0.9 1.71 Gravel Driveway 0.70 ac. 0.4 0.28 Open Land 26.34 ac. 0_2 5.27 Total 28.94 ac. 1.5 7.26 The percent comparison for C x A for Kennerick Addition and land area not including Kennerick Addition is summarized below: Tributary Area ac C x A Percentage Kennerick Addition 8.68 5.21 42% Non- Kennerick Addition 28.94 7.26 58% Total 3 7.62 12.47 100% The cost responsibility for storm water ponding to Kennerick Addition based on the above comparison is $44,100 (42% x $105,000}. Amended Kennerick Addition Storm Sewer Improvements O 12 REVENUE SOURCES Revenue to cover the cost of this project is as follows: Trunk Storm Sewer Pond Storm Sewer Pipe Easements Total Balance Assessment Project Cost Revenue Balance $204,000 $151,570 -$52,430 105,000 44,100 -60,900 100,000 0 -100,000 $409,000 $195,670 -$213,330 The City's Storm Water Utility and Trunk Fund will finance the estimated project deficit. PROJECT SCHEDULE Present Feasibility Report Neighborhood Meeting Public Hearing Approve Plans and Specifications Open Bids/Award Contract Final Completion Assessment Hearing First Payment Due with Real Estate Taxes January 19, 2003 February 11, 2003 February 18, 2003 March 2003 Apri12003 September 2003 October 2003 May 2004 Amended Kennerick Addition Storm Sewer Improvements 13 1~' city of eac~an Appendix A Preliminary Cost Estimate /03 APPENDIX A PRELIMINARY COST ESTIMATE KENNERICK ADDITION -STORM SEWER IMPROVEMENTS CITY PROJECT N0.806 BRA FILE N0.49-00-111 Trunk Storm Sewer Improvements quantity Unit Item Unit Price Total Price 1 LS Mobilization $ 5,000.00 $ 5,000.00 1 LS Clear and Grub $15,000.00 $ 15,000.00 1 EA Connect to Existing Storm Sewer $ 1,000.00 $ 1,000.00 7 EA 4' dia Storm Sewer MH, incl R-1642-B cstg $ 1,500.00 $ 10,500.00 1 EA 5' dia Storm Sewer MH, incl R-1642-B cstg $ 2,500.00 $ 2,500.00 1200 LF 15' RCP Storm Sewer $ 60.00 $ 72,000.00 250 LF 24° RCP Storm Sewer $ 50.00 $ 12,500.00 1 EA Skimmer Structure $ 3,200.00 $ 3,200.00 1 EA 15" RCP Flared End Section, incl Trash Guard $ 900.00 $ 900.00 1 EA 24° RCP Flared End Section, incl Trash Guard $ 1,600.00 $ 1,600.00 50 CY Class III Random Riprap $ 70.00 $ 3,500.00 2 AC Seed Mixture 500 w/ Fertilizer $ 4,500.00 $ 9,000.00 400 CY Topsoil Borrow $ 10.00 $ 4,000.00 1050 LF Improved Pipe Foundation $ 2.00 $ 2,100.00 Subtotal $ 142,800.00 +10% Contigencies $ 14,200.00 $ 157,000.00 +30% Indirect Costs $ 47,000.00 Total Trunk Storm Sewer $ 204,000.00 Alternate -Directional Drill 600 LF Directional Drill in lieu of Open Cut $ 60.00 $ 36,000.00 Subtotal $ 36,000.00 +10% Contigencies $ 3,600.00 $ 39,600.00 +30% Indirect Costs $ 11,400.00 Total Alternate $ 51,000.00 Pond HDP-1 Improvements Quantity Unit Item Unit Price Total Price 3200 CY Pond Excavation $11.00 $ 35,200.00 1 LS Wetland Restoration $10,000.00 $ 10,000.00 1 LS Landscape Planting $12,000.00 $ 12,000.00 1 LS Erosion Control $5,000.00 $ 5,000.00 1.5 AC Seed w/Fertilizer $4,000.00 $ 6,000.00 500 CY Topsoil Borrow $10.00 $ 5,000.00 Subtotal $ 73,200.00 +10% Contigencies $7,320.00 $ 80,520.00 +30% Indirect Costs $24,480.00 Total Pond Improvements $ 105,000.00 /6'f _~ •~~~ ~~, '~. city of e~c~~n Appendix B Preliminary Assessment Roll /OS C d a O h F ny Q Y V ~~ c o ~a Y Y V ~ 'C d C C O ~a Y J 2 W d y `d ~ jp ~ N N ~ _ y ~ m T ? n ~ a m ~ Q ~ O X W W Z~~ d m Z y 3 0 W 0 ~ a} N p 0 W ~ a aQ~QaLL F~ ~ ~ N V U m a J Y W Z i~iJ y m d V ~ a ~ W Q „ F- Y Q c ~ m a° v `¢' m l0 Q a ONNNnnnnmmnnm(hONmOaNNfDOONnNao '-coO mNr(O OOnvmmmmOVmOmNNmu'~m m(7Om~- V O)NnNNmO ~00v Oi~Qi oC Oi 0i Qi 0i N fV Qi Nt0 u7hfV.-CV f~r~Oi (V f~f'10i 0i Oi ACC C'7 ~ NCOr N n f7 sf ~ V ~_ ~~ r a n 0 0 0 st O O (O O n tD n r M M M co n .- O> c0 cD oD O ~An O>r ~u~N•-n nin tor~mmf`')N C7 V V OnnNO~rm fO ton O~ ~7nN('~a V ~etOV ttnfh (7OCOmmcovN~vN•-v>Nr~tf).- ~toNN r N ~ r NNNNNd96969 V9 N 69NNNN69NNNNN69NNtAN69N696969 N696969 O O O O O N ~ O ~ t ! 0 Q O N N N O N a .- o ui is rS N N N N N O p p O O O S S S S S S O O O O O 0 ~ 0 ~ 0 6 9 6 9 6 9 O ~n~Cn0 Cn0 nm~Qmiv ano mtmONN(NO tmOS~SOS~OV SNnNNOMOO ~OOv O)a O)OD Oi Oi 0101 ACV Oi~mui ~N aoMh ~OOiNnf`')co Oi Oiv CG ri ~ (V OO Nn(ha V V el~tf) an00metC7tnmulmmn (`~e7(")mnr O~mmm OOnrn'-rrrtfJ lArnnmNrramthOMVVO)lnn NOrm mOnO stnNM~~~aO V an(")C7~(7mnco~tl7r V NrNNrrOr rONN N to 69 69 EA 49 69 69 N 6fi to N N 69 69 fA 69 N 69 69 69 69 fA fA 6A 49 69 69 49 69 Vl 69 69 fA f!9 O O o S o 0 0 o 0 0 0 O O S o o O O O O O o O O O O O o o O O O o O O rnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnmrnrnrnrnrnrnrn N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 6 ~ 9 6 a 9 6 ~ 9 ~K ~ H ~ 6 ~ 9 ~ ~ ~ ~ ~ ~ ~ 6 ~ 9 ~ ~ ~ 6 ~ 9 6 ~ 9 ~ ~ d ~ 9 ~ 6 ~ 9 6 ~ 9 ~ ~ ~ 6 ~9 ~ 6 ~9 ~ O m m m M M C7 C'1 N N f7 f7 N n O m N ~fJ m m~ pp m C7 m N O n 0 0 N m W a O CO (O O> O O O O m r 0 O? O m m n 0 CO S O M (`9 r tD v m m (h v N v 0~ fh ~D n rrOOr'r~rN~rrOONOCV ~OrrCrOOOOOO~OOO~OO M N N O ~ 0 0 ~~ C~7 0000 000000 O m m ~D (~J M t7 (7 N N f0 f9 N n O m N ~fi m m m Q f7 m M 0 m m fh N N m m m O ~Y O aD m O~ O O O O m r O~ O~ m m n O a0 Q> O C'') M a m a (O CO 'O 0 f`~ m i n f'~1 tD n r r 0 0 ~ ~ r ~ N ~ r r- O O N O N ~- O r r 0 ~ 0 0 0 0 0 0 ~- O O O ~ 0 0 m c 0 0~ O '0 9~ 'O ~~~ O O O O ~~ ~ ~ C C C C C C ~ C~pp Y 0 t4 ,per O~ O O O O O O O,On~¢ ¢¢¢ ~ JJ JJJ..W.lJ O QQ O O Q O ¢ ¢ Q Q Q Q Q O O O N c0 f6 t0 l0 Y tC c0 t6 c0 cp e0 m e0 t9 Y Y c Y c _c c c _c c c X Y 0 0 O O O O p 0 0 0 0 0 0 o O O O O T O ~. T ~. ~ T >. >. O O C C C C C C m C C C C C C J C C s s ~[ ~[ Y Y ~[ Y Y- 0 0 O O O O C O O O O O O N O O aalnatn~ntntn v~~nNaaJJ JJJ J JJ JJJJJ JJ tfJ OMOaOm mmNnnm~n O~n to u~ ~~O O> O) inn rn rn fvv~' rn v v v e a v v v rn rn a v Q v v v a c Q v a Q °a v c a a Q e a v v N N r N ~ .- .- ~ Z ~ ~ ~ N N ~- ~ Z ~ ~ r Z~ Z r ~ Z ~ r r .- ~ Z ~ Z ~ r m O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O 0 0 0 0 0 0 d n o g o 0 0 0~$ o 0 0 0 0 0 0 0 0 0 0 0 0 0 o g o 0 o g o 0 0 0 0 2300rNOpOOp N(7000 Np O N (7a N('7 ~O NCO f~OrN NOatl7O mt0 tD N V u'~0O(DnnnSiQ~OQ~000OOOO'- ~NOOOOOOOOOOOOOOOOOOOOOOOOOOrr rrrrr~~ r~S°°~°°°°°°°~ooSooooo8ooogSooBoooooSo O~ N N N N N N N N N N N m m m m m m m m m m m m m m m m m m m m m m m m o n n n n n n n n~ n n m m m m m m m m m m m m m m m m m m m m m m m m ~ o n n n n n n n n n n ao ao 00 0o co ao ao ao ao ao ao co ao m m o~ co co ao ao m m m m ayooooo0000000000000000000000000000000 /06 APPENDIX B PRELIMINARY ASSESSMENT ROLL TRUNK STORM SEWER ASSESSMENT KENNERICK ADDITION STORM SEWER CITY PROJECT N0.806 BRA FILE N0.49-00-111 Property Property Identification Adress Total Number Section 4 SW 1/4 10-00400-010-78 2975 Pilot Knob Road $4,029.00 10-77250-010-00 2971 Pilot Knob Road $7,574.52 10-77250-011-00 1430 Skyline Road $2,739.72 10-77250-012-00 2973 Pilot Knob Road $3,948.42 10-77250-020-00 1410 Skyline Road $4,149.87 10-77250-030-00 1414 Skyline Road $4,149.87 10-77250-040-00 1420 Skyline Road $4,149.87 10-77250-050-00 1426 Skyline Road $4,149.87 10-77250-060-00 N/A $10,555.98 10-77250-061-00 1436 Skyline Road $4,512.48 10-77250-062-00 1428 Skyline Road $4,149.87 10-77250-063-00 1432 Skyline Road $7,775.97 10-88800-010-00 2997 Pilot Knob Road $3,706.68 10-88800-020-00 2987 Pilot Knob Road $3,505.23 10-88800-040-00 1415 Lone Oak Road $11,281.20 10-88800-051-00 1425 Lone Oak Road $3,142.62 10-88800-052-00 N/A $8,138.58 10-88800-060-00 1429 Lone Oak Road $7,453.65 10-88800-061-00 1427 Lone Oak Road $3,867.84 10-88800-070-00 1431 Lone Oak Road $4,351.32 10-88800-071-00 N/A $5,560.02 10-88800-072-00 1435 Lone Oak Road $1,369.86 10-88800-090-00 N/A $4,472.19 10-88800-091-00 1441 Lone Oak Lane $2,417.40 10-88800-093-00 1445 Lone Oak Lane $1,933.92 10-88800-094-00 N/A $2,538.27 10-88800-101-00 1444 Lone Oak Lane $2,739.72 10-88800-102-00 1455 Lone Oak Lane $1,289.28 10-88800-103-00 1459 Lone Oak Lane $1,974.21 10-88800-104-00 1461 Lone Oak Lane $5,116.83 10-88800-105-00 1449 Lone Oak Lane $1,813.05 10-88800-106-00 N/A $0.00 10-88800-107-00 1459 1/2 Lone Oak Lane $1,692.18 10-88800-110-00 N/A $5,560.02 10-88800-111-00 1465 Lone Oak Road $2,780.01 10-88800-112-00 1467 Lone Oak Road $2,981.46 Total = $151,570.98 /d, i ~\ ~ ,, o ~-- r~~ ~~~ ~, ~~ ` ~~~ \ ~~ .. i/ ~~~/ ,. STO Till I I ' ,',~ ~ J I L~ ' ~ ~ ~~~~~~~~~~~«~~~~~~~~~~~~~s `i I II / I I ~~ /%I li I ! , I II ~~' ~ I ' I .- ` ,,,. ` I ,, EXISTING ~7" RCP jam- I STORM SEWER I I I I ~m EXISTING WETLA ~P' DELINEATION I ~~I I I I I I I I ~ ~ I WA 0 // r N V ~J / ~ 9" V. ~'~__. SNIT RY ~EW~ER~ i ~Jr~ f, ~ , ~__-1; I ~ I J ~I I r i ~ °,~ I~ '~ W Ili, - ~ill II 1 O I -~ EXISTI-V(3 ~{~`A P ° LANE OAK RO --~------------------------_~ ~J_~ 5--------- . , 1 I I I _ J L I I ~ ~~ ~ 1 I I i r - I I I I ! I ;EXISTING CONDITIONS CITY O F EAGAN - KENNERICK ADD. CITY PROJECT No 4900111R102.DWG -----------------~ -z F ----- I I I I - -i I I I _ _ // I~ AMENDED REPORT POND STORM SEWER °~L N o foo 200 Scale in fast - T~ ~I I ~ ~--EXISTING ~ I WATER MAIN r--~ I , T i I I I I II I I I I L__J I I I I I I I I I I ~I it ~1 -'moo \\ U i ~ ~~ XI TING WETLA D l -~ELINEATlO I U9~J'ING RIPRAP.-~ ~ ION ~I I II ~ ~ EXISTING 4" R~.~, I ~ ~ j STO M SEWER -I_.~,~ ~ ~~~ ~~ .. I I I I I I 1 I („! A.M~I I --~ ~. 1- ----1-~ _------ ~ ~~ ~~ ~ _ ~ ---- ~. I I I I I I I I I I I I I I .J L ~1 -' I ~~. Bonestroo ~ Rosene E 2 v Anderlik & IMPROVEMENTS ~ Associates . 806R KI\49\4900111\CAD\dwp\4900111R102.dwg 2/4 2003 e510 1 8 PMrCCST ctS FEBRUARY 2003 49-00-111 Q J Z 'J Q W O ~~ ~i •~ ... _ . .; ~~ r ~. ~. .. ~P ~~ ~_ ~. _. ~~) ~ ~ ~~ __11 ~ r4 n 2 ~~ y~ -_ v G ~ ,~, ` U ~' G ~ ~ Q- = '^ `, ~ A ~ a ~~ ~ ~~~ .` s .~ J" .:.~_ ~ ~ ~ ~3~- :Z ... w~ 0 ~ 3 \~~~ .~ 1 IC 6 '.. ~ ~ ~.r 1 - .: ~ ~''~~~~ ~: ~ I ~~ Y 3 !~ 8 .A of ~I ``, ~ C ~ y NL Y~ s~ C ~ m~' ~GG [< ~~ ~ N ~~ .. ~ ~ ~ ~ ~ O ~- -3 W 8 In ~ ~ s c~ . z ~ a z o~ .Q a ~ J a Zoz 0 U ~ Z < W 3 ~ U p L C ~ z OZQ_ O }} F W ~ F U Y U . ,~ 'y.-~}. .! O+ 3 ~ ~'` ~ co ~ -' ~ ~ s L 3 ~~ Z <a ---t .^ ~ ++ ~ - -5- - ~ ~~ ~ . 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P.u~ omo. 11 Rp6WN 7775 w.,t nWin.~Y 76 ~ KENNERICK ADDITION (HDP-1 TO HP-11) ~ ~~ Anderete St VaW, nN 55117 O i 1 TRUNK STORY SEWER IYPROVEl/ENTS -EASEMENTS ~II ~~°~~ vnanc 65t•676-~so0 CITY CONTRACT No. 02-00 CffY PRQIECT No. Eo6R ''~•~•°"~ f~.:6st~67s-utt ~~Q Z R$ y S fd ~ C~ ~ p ~~ uu V OV ~ N ~ s ,.y Y p 8 L° N ~ y 8 8 6 8 Z ~' a.`6°0rt r uou p°Q~ a 1Wf C^^ v' G O u a E" W W r ` T ~~ Li O ~ a ~Q W Z Q ~ ~ V O O ~~•y ~ ~ •v ~ N O ~ L0 O ~ r •L Z ~ ~ Q ~wa ~ ~ a Y V W V Z N ~ Z W m Y o ~ ~ O M N ~ N Q 3 C ~ o o T r O O ~ ~ ~ Ch ~ ~ o ~o ~ ~ ~ ~ O N ~ ~ r 3 ~ ~ J O to ~ ~ C O ~ p ~ N ~ ~ ~ ~ ~ ~ 3 U ~ oC U a ,,~ ~ ~ pp N N C3 ~ ~ o ~ 0 ~ ~ ~ N Q 3 ~ ~ U ~ _ N ~ - coo ~ rn ~ ~ ~ - ~ T (p 'L ~ 3 ~ N ~ O ~ C 0 ~ ~ ~ N 0 ; ~ CO (p ~ O N ;a_ "'' O O n m ' ~ N ~ ~ c ~ a~ Q ~ ~~ ~ rn ~ ~o m ~ N ~ 3 oC ~ ~ ~ ~ N ~ ~ ~ U c a~ ~ 0 ~0 ~ ~ ui ,~ o ~ 3~ o N /// c G ~ G ~ - c~ ~ ~ ~ ~ Q ~ ~ 3 oC T ~ ~ O ~ a o y u ~ ~ ~ - ~ cfl E ~ ~> i N N a Q o a~ 3~ ~ ~ 0 c ~ J Z J ~ - >+ ~ r o ~ `~ ~ L o rn O lJJ ~ p c U 3 °~ 00 ~ c~ o~ ~ `'F' ~ a v v ~Q ~ w ~ W i Q ~ ~_ ~> O i Z ~ ~ C C~~ ~ ~ Q V ~ 0 ~ ~ ~ r. 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O ----- ` ~ -------- : i--- ' ~ C.S.A. 1 ______________________~~ c__________~T-_ -~_ ________________-~-__y _~ ____ ~_~ _ ~ ~ i ~ i ~ ~ ~ i ~ - - - - - -__-------_-- ___ - - - - - ~ ~_ =_e - ~--------------------~ ~__ ,_ ,~ ,~ I(`~FyI i ~ 4 1.1-- --L~ `~ '-- i _ ~ I -------------- ------- ~ -~ ~ `, ~, ~ , . ~ . D IN DOE AREA ~ a ~ _~ --- - _--- A------~ ,' ------ ~ I , ~ , 1 -----~ il''° , 1 ~~ ~ ~ _ ~, ~, ~ ~ OP08ED N ~ i' i ' 14 -~ i i ~ ~ ____-- =J__===E~ORAd 8EWER ~; ;~ ~__ _ ~ , --~ ---------- o tso xo ~ ;, i i ' _-__~. seuN h iwt i~ I~ i~ f 'nI i ~n ~- - LJ ~ ~ LJ r lri 5 -1 PROPOSED TRUNK STORM SEWER & CONTRIBUTING AREA ~ Bonestroo Rosene CITY OF EAGAN -AMENDED REPORT FIGURE 3 o Anderlik & KENNERICK ADD. POND STORM SEWER IMPROVEMENTS ~ Associates Engineers & Architects CITY PROJECT No. 806R K~\49\4900111\CAD\dwg\4900111R103.dwg 2/5/2003 9~D0~45 AM CST 4900111R103.DWG FEBRUARY 2003 49-00-111 //~ Agenda Information Memo April 15, 2003 Eagan City Council Meeting C. KOHL'S DEPARTMENT STORE (LOT 1, BLOCK 1 TOWN CENTRE 70 15TH ADDITION) EASEMENT VACATION ACTION TO BE CONSIDERED: Close the public hearing to consider the vacation of public easement within Lot 1, Block 1 Town Centre 70 Addition (Kohl's) and: OPTION 1) APPROVE the vacation of public easement within the Lot 1, Block 1 Town Centre 70 Addition and authorize the Mayor and City Clerk to execute all related documents; OR OPTION 2) DENY the request to vacate public easement within Lot 1, Block 1 Town Centre 70 Addition. OPTION 3) CONTINUE the request until the required replacement easement has been executed and delivered. FACTS: • On March 6, 2003, City staff received a petition from Mr. Paul Baumgardt, representative of the Kohls Corporation, requesting the vacation of drainage and utility easements within Lot 1, Block 1 Town Centre 70 15th Addition, along the east side of the Kohls department store in central Eagan. • On March 18, the City Council received the petition for this vacation, and set a public hearing for April 15 to consider vacating said drainage and utility easements. • The purpose of the request is to allow the expansion of the back end of the existing Kohls department store building. The existing storm sewer will be relocated and modified with new easements provided by the property owner via separate document as part of the building permit process. • The easements were originally dedicated to the City as part of the Town Centre 70 15th Addition to accommodate public storm sewer pipes within the development. • All notices have been published in the legal newspaper and sent to all potentially affected private utility owners informing them of this public hearing. No objections have been received to date. • This vacation request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ISSUES: • The replacement easement documents have been prepared for signatures by the property owner. As of the date of this memo, the easement documents have not yet been signed. ATTACHMENTS: • Legal Description, graphic, pageand ~. • Location Map, page //S' PROPOSED STORM SEWER EASEMENT FOR: KOHL'S CORPORATION February 10, 2003 A strip of land 15.00 feet in width over, under and across Lot 1, Block 1, TOWN CENTRE 70 FIFTEENTH ADDITION, according to the recorded plat thereof and situate in Dakota County, Minnesota. The center line of said strip is described as follows: Commencing at the most easterly northeast corner of said Lot 1; thence on an assumed bearing of South 0 degrees 42 minutes 51 seconds East along the east line of said Lot 1 a distance of 263.31 feet to the point of beginning of the center line to be described; thence North 81 degrees 54 minutes 20 seconds West a distance of 29.81 feet; thence North 0 degrees 42 minutes 51 seconds West a distance of 140.00 feet; thence South 89 degrees 17 minutes 09 seconds West a distance of 96.04 feet and said center line there terminating. The side lines of said easement shall be prolonged to terminate on the east line of said Lot 1. Y =- •'. ~Af"~ ~~~~v~rer;~asemen~':o~de~iaa~:fi~c~un ~.~"~cirtmen'~.~o //S • ~ b -- - - -- - - .V /\ i ~ - i ~ 1--. -- -------- `L~ --- --__ ----- ------_--------- ----- ---- --~-- ~ { _ :,~ ~Z \ ~ o~ ~. ~~ ~ ~ ~ i m o~ ~ o ,. I ~ _ ~w ~~ W . 8i W a o -- d (/~ ,1 g I O - - J ~,~i ~3m ' ~ ~ :i UK ~ t~mZ Z ~ O a I4 ~ li ~ ~~' UC~.~- ~ ~ ~~ x '. ~ (a ~ i ~ U +.. ~ i Z. ~ i ^` W Q W ~ I ~ i U d t i ~d wzz .. ~~~, ~/ UU COQ ~ ~ O n zv ~ I ,, Z W v_~ w i X ~ _ ~ ~ .~ C W 4 ~> J-~ I ~ c~ ~ ~ ~ U Z z ~ ~ ~ ~ w ~ i ~Z ~ C ~ ~o ~ I ~ ZW Q m QQ~ ~ ~r ~ ~ I -~ ~w ~ O J Z~~ .. - a i _ ~m~ v Q ~X O D --~------ ------i Y ° ~~ ~ . 2 w i v~iw U3~ ~0 ~ ,_1U~m~w~l^m Z O ,~ X HW mm ~ jF~,Z2 i I .~~~ w X ~ ~ ~? i~ I ~ I I ~ I g J ~: W ' //~ Kohl's storm sewer easement vacation Location Map 3131/03 City of Eagan ~~ Agenda Information Memo April 15, 2003, Eagan City Council IVleeting VII. OLD BUSINESS A. MODIFICATION TO A VARIANCE CONDITION FOR 1948/] 944 SAFARI TRAIL (Robert Mueller) ACTIONS TO BE CONSIDERED: To approve a modification to variance condition 7 for a garage variance at 1944 Safari Trail Lots 13&14, Block 1, Safari Estates to allow water and sewer; approved June 18, 2003. Or 2. To deny a modification to variance condition 7 for a garage variance at 1944 Safari Trail, to allow water and sewer; approved June 18, 2003. FACTS: • A Variance was approved June 18, 2003 fora 1,090 square foot detached garage (exceeding the allowable limit by 514 square feet) with 9 conditions. • The applicant combined Lot 13 and 14 (1944 and 1948) resulting in one address 1944 Safari Trail. • When the applicant was applying for a building permit it was discovered that the plans submitted included sewer and water service to the detached garage in conflict with condition 7 of the approval which prohibits water and sewer service. • Excluding condition 7, all other conditions have been satisfied with the building permit application. • The applicant was under the impression that water and sewer service would be allowed to the detached garage when the Variance was approved. ISSUES: • The concern with water and sewer service to the garage is the possibility of converting the garage into living space or running an illegal business out of the garage. • Sewer and water connection fees may apply, as determined at the time of building permit application. ATTACHMENTS (4): City Council June 18 2003 Minutes pages 1 ~~~! oiV Staff memo page f Site location map page ~oZo2 Letter of request page ~~ //S' Eagan City Council Meeting Minutes June 18, 2002 Page 3 AA. Resignation of Brittany Karels. It was recommended to accept the resignation of Brittany Carol as Police Dispatcher. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as amended. Aye: 4 Nay: 0 X. Agreement for Eagan Police Officers to assist the Chaska Police Department on a volunteer basis for the PGA Championship Golf Tournament. City Administrator Hedges discussed the proposed agreement for Eagan Police Officers to volunteer to assist the City of Chaska during the PGA tournament to be held from August 9, 2002 to August 18, 2002. He clarified that the Police Officers would be working on a volunteer basis and that the City of Chaska will provide workers' compensation insurance for the Eagan officers providing volunteer assistance. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve an agreement for Eagan Police Officers to assist the Chaska Police Department on a volunteer basis for the PGA championship Golf Tournament. Aye: 4 Nay: 0 PUBLIC HEARINGS VARIANCE -CHARLES BRAGG (1899 SUNRISE COURT) City Administrator Hedges introduced this item regarding a 15 foot variance from the required 30 foot front yard setback for the construction of a living space addition to an existing single family dwelling on property located at 1899 Sunrise Court. Senior Planner Ridley gave a staff report. Acting Mayor Fields opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a 15 foot Variance from the required 30 foot yard setback for the construction of a living space addition to an existing single family dwelling on property located 1899 Sunrise Court (Lot 11, Block 4, Suncliff 15` Addition) in the NW '/< of Section 29 subject to the following conditions. Aye: 4 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for an extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The exterior materials of the addition shall match those on the principal structure. 3. The addition shall comply with all applicable provisions of the Zoning Ordinance. VARIANCE -ROBERT ATUELLER (1948 SAFARI TRAIL) ~' City Administrator Hedges introduced this item regarding a variance from the 578 square foot maximum area for the construction of a 1,090 square foot detached garage on property located at 1948 Safari Trail. Senior Planner Ridley gave a staff report, explaining that this issue had been presented to Council as a conditional use permit request in April and was tabled due to a moratorium on accessory buildings. The Council approved a Zoning Ordinance Amendment in May that limited the area of /i9 Eagan City Council Meeting Minutes June 18, 2002 Page 4 detached garages which now warrants that a variance be requested for the proposed detached garage in excess of 578 square feet. Acting Mayor Fields opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a 512 square foot variance from the 578 square foot maximum area for the construction of a 1,090 square foot detached garage on property located at 1948 Safari Trail (Lot 13 and 14, Block 1, Safari Estates) in the SW '/. of Section 32, subject to the following conditions: Aye: 4 Nay: 0 1. The applicant shall execute and record a Lot Combination Agreement to allow Dakota County to assign one tax parcel identification number to Lots 13 and 14. 2. The accessory structure shall not encroach into the private additional yard and recreation area easement on Lot 14. 3. Total area of all accessory structures shall not exceed 1,942 square effect. 4. A Tree Preservation Plan shall be submitted at the time of building permit. 5. The detached accessory structure shall exhibit the same color and materials as the principal structure. 6. No commercial operation or home occupation shall be permitted in any accessory structure on the property. 7. Living space shall not be permitted in the accessory structure. 'Water and sewer service shall not be permitted. 8. The accessory structure shall meet all other Zoning Ordinance requirements. 9. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for an extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. NEW BUSINESS CONSIDER AIRPORT RELATIONS COMAZISSION RECOMMENDATIOI\' ON DRAFT AVIATION POLICY REPORT City Administrator Hedges introduced this item regarding a draft of the Aviation Policy Report. Assistant City Administrator Verbrugge gave a staff report. He noted that the Airport Relations Commission recommended the City Council recommend the draft policy be moved forward by the Metropolitan Council for inclusion in the Regional Blueprint. Councilmember Tilley moved, Councilmember Carlson seconded a motion to recommend the Metropolitan Council move ahead with Aviation Policy Ptan Update 2000-2020. Aye: 4 Nay: 0 CONSIDER AIRPORT RELATIONS COMMISSION RECOMMENDATIONS ON JOINT AIRPORT ZONING BOARD City Administrator Hedges introduced this item regarding the recommendations of the Eagan Airport Relations Commission related to the MSP Joint Airport Zoning Board. Assistant City Administrator Verbrugge gave a staff report. City Attorney Dougherty addressed the potential liability of /ao _ ~:.~-~- MEMO City of Eagan TO: Mayor, City Council Members FROM: Sheila O'Bryan, Planner DATE: April 10, 2003 SUBJECT: Modification to conditions of approval for a Variance at 1948 Safari Trail Request The applicant is requesting to modify condition 7 imposed with the gazage Variance at 1948 Safari Trail. The modification would allow sewer and water service to the garage. That applicant was under the impression that sewer and water would be available for use in the new gazage. The applicant indicates the garage will be used for storage, workshop use and. car washing only. History Initially the applicant applied for a Conditional Use Permit to construct a 1,090 square foot detached garage under the provisions of the accessory structure ordinance then in effect. During the review of this application the City Council imposed a moratorium on building permits for detached accessory structures. The City Council continued action on this application during the moratorium period. The ordinance concerning detached accessory structures was amended to provide a Variance procedure to exceed the detached gazage size standards imposed by the ordinance. "When an attached accessory structure is present on the site, the total floor area of all detached accessory structures shall not exceed 576 squaze feet." The approved garage Variance exceeds this limit by 514 square feet. The applicant owned Lot 13 and Lot 14, Block 1, Safazi Trail, upon approval of the Variance the applicant was required to combine the two lots. The lots have been combined with Dakota County. The combined address is 1944. On June 18, 2002 the City Council approved a 512 square foot Variance from the 578 square foot maximum area for the construction of a 1,090 square foot detached garage on property located at 1948 Safari Trail with 9 conditions. Action to be considered Approve or deny modification to remove condition 7 to allow water and sewer service for a detached garage at 1944 Safari Trail; minutes dated June 18, 2002. lai Q Eap.n soundary Location Map ~~:~~ 'M .w~d~no Faatprl~k r a9 © ~ v~ ~ ® ~ EQ ~ ` i! ~ ~ R ~ `~/~' ~ e 1 ' i~ ~~ ti ~ oc ~ O . p ~ ~ ~ ; ~ a ~ ' ^ 0 1 ~ ~ ~ ~ ~ /. /• j ~ ea ~ a as j ~ o ~ .~ .,~j~ ~ atc ~ /- ~ w / 9 , ~ ~ / ..w ~ ~5 J' 6 ~ ~ 0 G ;. 7 Q 3 G y ~s .~ ~ C"~ "~^. ~ .t.'. _ c ~ e e "~ ~ G' ~ rr n. ~% o c 8 6 ~ ~ ~' ~ '`~ ~ ~ ~ J ' , / ~ 4 4 p ~ ~~.. O d t ~ S7 `.P -. ^ G vS4 c 6 ~ C.. ,~ . awn. y ~ ~ ` n s ~ ® ® Tr 4 ` ~ / ' ~ ~ ~ d ~ © / j //%,/ ~ ~ ` `fib @r~ 9 ~' /P~ c n ' ~ ... .. ~ G ~ ~ ~ o ~~ c 4 ' G ~ t v ~ ~ C d G s ,~ c ^, -., ~~/ " 1 Q !' ~ ~'" ~ ,, n; ~ r P • i ~ 1 _ !~ ~ ~~ ~~ ~ ~ ~ ~ ~~ ~ ~ ~ ° ~ ~ a ~ ~ • Sub ect Site ~ ~ t i J ~ C ` v G ~- ~ ~ ~ c: ,. f, 3 G ~ ~ ° ~~ ~ ! "` y a ~~ ap ~ 1 I et ` _ a ~O ~ ~. ~ o ~ ~ a° .'rt- ~ w ~..: 1 _ ~": .>>til'1 1`111'F711171tYflf/1, .. ~ I J 1000 0 1000 2000 Fset Developmerlt/Developer: Robert Mueller Application: Variance Case No.: 32-VA-09-06-02 ~ f p~~ ~ W p Prapanid using ER& iryetllaw i.t. Gan»I esw nap d,d prorltlad ey Osam. County ome. a ets.na t..un.nt u a F.brusry loos. TNIE MAC Is INTENDED FOR REFERENCE YfE ONLY N w ~ E city of Cagan Ttta City of EaOan and Dakota County do not Eusrantaa tha accuracy of this IMenaatlen and sn S fwnnwnNy Dwdep~want M-~M not nsponsltsta for anon or omfsslona. March 1 1, 2003 City of Eagan 3 830 Pilot Knob Road Eagan, MN 55122 RE: For consideration at the April 1, 2003 meeting To Whom it May Concern, We are writing concerning a variance that was granted to us last fall regarding 1948 Safari Trail in Eagan. We have been approved to build a detached garage on that property and were under the distinct impression that we would be able to put in sewer and water because it was zoned as a single family home. We only want to put in a laundry tub in the garage and understand that it cannot be used as a residence. It will strictly be used for storage, workshop use, car washing, etc. We hope we can resolve our misunderstanding. We look forward to the April 1 meeting. Thank you for your consideration. Sincerely, n Rob Mueller 1944 Safari Trail Eagan, MN 55122 651-688-7910 Laura Mueller ~a~ _ j-: ~_~_~_I ~'. -~' u --_~-~..~.... _. ~- Agenda Information Memo April 15, 2003 B. CONTRACT 03-11, KENNERICK ADDITION (POND HDP-1) STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: To receive the bids for Contract 03-11 (Kennerick Addition, Pond HDP-1-Trunk Storm Sewer Outlet) and; OPTION 1) Award the contract to Friedges Contracting Co., for the a) Base Bid in the amount of $2845507.22; or b) Base Bid with Alternate #7 in the amount of $274,268.65; and authorize the Mayor and City Clerk to execute all related documents; OR OPTION 2) Reject the bids. FACTS: • The installation of a storm sewer outlet and pond improvements for Pond HDP-l on the north side of Lone Oak Road (County Road 26), west of Pilot Knob Road (County Road 31) is scheduled for 2003. The storm sewer from Pond HDP-1 to Pond HP-11 will serve the proposed Kennerick Addition and additional adjacent properties. • On February 18, 2003, the City Council approved the detailed plans and specs and authorized the advertisement for solicitation of competitive bids for Contract 03-11. • At 10:30 a.m. on April 10, 2003, formal bids were received for this project. A copy of the bid summary is enclosed. • The City of Eagan will have access to all of the needed easements for the original feasibility report storm sewer alignment, or Base Bid, by May 12 through the quick- take Eminent Domain process. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and arithmetic. The low bid from Friedges Contracting Co. has been reviewed by the Engineering Division and found to be in order for favorable Council action. ISSUES: In order for the City Council to award Alternate #2, 3, 6 or 7, it will be necessary to acquire the new easements for the alternative alignment prior to the Council's contract award. Staff will provide an update of the easement status at the Council meeting. A contract award including Alternates #2 or 6 would be to Veit & Company, Inc., as they are the low bidder for these bids. ATTACHMENTS: • Bid Summary, pages ~.~through~p~ . is ~ .x; ~.. '" ~~ .~¢ F:9 ~. ~'~=f'. city of ~ac~~n KENNERICK ADDITION/POND IfiDP-1 Contract No. 03-11, Project No. 806R EAGAN. MINNESOTA Bid Date: Thursday, April 10, 2003 Bid Time: 10:30 a.m. Contractor Base Bid 1) Friedges Contracting Co. $284,507.22 2) Veit & Company, Inc.. $300,479.00 3) Barbarossa & Sons, Inc $354,700.00 4) Gl Contracting Co. $386,427.80 Feasibility Engineer's Bid Received Feas Rpt Engr Est ReportlPDR Estimate April 10, 2003 Deviation Deviation Part 1 - Forssa Way Storm Sewer $70,300 $64,010 $75,992 +8.1% +15.7% Improvements Part 2 -Lone Oak Road Storm Sewer $30,000 $55,818 $53,393 +78.0% -4.5% Improvements Part 3 -Pond HDP-1 $48 600 $42 083 Improvements $80,520 , , -47.7% -15.5% Part 4 -HDP-1 to HP- $113 633 $113 039 11 Trunk Storm Sewer $127,000 , , -11.0% -0.50% Total $307,820 $282,061 $284,507 -7.6% +.86% The low bidder for the base bid is Friedges Contracting Company. In the following table, alternates for the base and common lot line alignments are shown. If an alternate is chosen, the cost for that alternate will replace the cost of part 4. Therefore, the total cost of the project will be parts 1,2, and 3 plus the chosen alternate cost. Alternatives four though seven include excavating the reed canary grass, which will increase the storage above the NWL and decrease the outlet pipe size. /~s HDP-1 to HP-11 Trunk Strom Sewer Engineer's Bid Received % Deviation Options Estimate April 10, 2003 Part 4 -Open cut storm sewer with 24" $113,633 $113,039 -0.50% RCP (HDP-1 to HP-11) (Base Bid) Alternate 1 -Directional dri1130" O.D. $212,939 $183,300 ~ -16.1% HDPE along base alignment *Alternate 2 -Open cut common lot $70,990 $66,093 -7.4% line alignment with 18" RCP Alternate 3 -Directional drill common $142,859 $99,071 lot line alignment with 24" O.D. HDPE Alternate 4 -Open cut base alignment $125,862 $121,780 with reed canary grass removed (18" RCP) Alternate 5 -Directional drill base $194,789 $160,720 alignment with reed canary grass removed (24" O.D. HDPE) *Alternate 6 -Open cut common lot $84,640 $88,631 line alignment with reed canary grass removed (15" RCP) Alternate 7 -Directional drill common $114,107 $102,800 lot line alignment with reed canary grass removed (20" O.D. HDPE) * Note: Veit & Company Inc will be the lowest bidder if Alternates 2 or 6 are chosen -44.2% -3.4% -21.2% +4.5% -10.9% /~ Agenda Information Memo April 15, 2003, Eagan City Council Meeting VII. NEW BUSINESS A. CONDITIONAL USE PERMIT AMENDMENT - MC GRESSER ACTIONS TO BE CONSIDERED: To approve a Conditional Use Permit Amendment to allow for an increase in the outdoor storage of non business related items at 2905 Lexington Avenue; subject to the conditions in the Advisory Planning Commission minutes. FACTS: • On November 7, 2003 a Conditional Use Permit was approved for outdoor storage of 30- nonbusiness related items. • The applicant is requesting to allow 24 more items in the designated storage area resulting in a total of 54-non-business related items. • The Advisory Planning Commission held a public hearing on March 19, 2003 and recommended approval, subject to the original conditions. • All of the previously imposed conditions have been met. ISSUES: • The original conditions shall apply with an additional requirement that the Conditional Use Permit be recorded with Dakota County prior to adding additional storage in the designated area. ATTACHMENTS (2): APC Minutes on page,~~ Staff report pages through~~ ~a~ B. CONDITIONAL USE PERMIT AMENDMENT - LEX PROPERTIES A Conditional Use Permit Amendment to allow for an increase in outdoor storage of non-business related items on Lot 1, Block 1, Eagandale Center Industrial Park No. 10, located at 2905 Lexington Ave. S. in the SE '/4 of Section 3. Planner O'Bryan introduced this item and highlighted the information presented in the City Staff report dated March 19, 2003. She noted the background and history. Jennifer Wolf, Lex Properties explained that the number of spaces needed was under estimated last fall during the Conditional Use Permit process. She stated space is available for the requested total storage of 54 items. 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 Gladhill asked if the applicant has met all conditions as established in the Conditional Use Permit. Planner O'Bryan stated all conditions have been met. Chair Huusko stated he is in favor of the item. Member Steininger moved, Member Bendt seconded a motion to approve a Conditional Use Permit Amendment to allow for an increase in outdoor storage of non-business related items on Lot 1, Block 1, Eagandale Center Industrial Park No. 10, located at 2905 Lexington Ave. S. in the SE '/4 of Section 3 subject to the following conditions: The outdoor storage area for non-business related items shall be located as shown on the revised plans dated September 25, 2002. The seven-foot electric gate shall be installed prior to any storage in the designated area. The outdoor storage area is subject to all other City Codes applicable to outdoor storage. 4. Total number of items to be stored shall not exceed tl~i}fifty four (54). Items to be stored include only construction equipment and recreational vehicles. All voted in favor. Motion carried 7-0. /~8" t. ~ ~-~- MEMO City of Eagan TO: Advisory Planning Commission FROM: Sheila O'Bryan, Planner DATE: March 19, 2003 SUBJECT: Amendment to MC Gresser's CUP for outdoor storage On November 7, 2002, a Conditional Use Permit was approved for outdoor storage of 30 non- business related items at 2905 Lexington Avenue. Mr. Gresser is requesting to amend the Conditional Use Permit to allow 24 more items in the designated storage area resulting in a total of 54 non-business related items in the outdoor storage area. The original letter addressing the items for storage discussed the items that Gresser Companies may use and did not address space for public use. After realizing this, Mr. Gresser wanted to increase the allowable number of storage items overall. Mr. Gresser indicated in the letter of intent that he is negotiating a lease with Acorn Storage to operate the storage area. The outdoor storage area is located south of the main building in the parking lot. The storage area consists of a bituminous surface and is striped for parking. There is an existing 10 foot tall wood board fence around the storage area with a seven foot electric gate that encloses and secures the storage area. /~9 View from Lexington Avenue On site 03/19/03 Planning Memo - MC Gresser March 19, 2003 Page 2 Mr. Gresser is requesting an amendment to the conditional use permit that was approved in November 2002, to increase the number of items stored outside from 30 to 54. The request affects the number of items stored not the type of storage. Action to be considered To recommend approval of a conditional use permit amendment to allow up to 24 more items to be stored outside, subject to the existing conditions; 1. The outdoor storage area for non-business related items shall be located as shown on the revised plans dated September 25, 2002. 2. The seven foot electric gate shall be installed prior to any storage in the designated area. 3. The outdoor storage area is subject to all other City Codes applicable to outdoor storage. 4. Total number of items to be stored shall not exceed tl~i~E3~-{3a}fifty four (54). 5. Items to be stored include only construction equipment and recreational vehicles. ~~ Lex Properties 2905 Lexington Avenue South Eagan, MN 55121 Phone:651-4545976 Fax:651-454-4850 March 10, 2003 City of Eagan Attn: Planning Department, Sheila 3830 Pilot Knob Road Eagan, MN 55122 RE: OUTSIDE PARKING/STORAGE Dear Sheila, I write this Ietter to try to request that the City of Eagan please reconsider the number of storage/parking spaces regarding the outside storage. Somehow the number of spaces in the conditioned use permit passed by the city became 30. The actual number of spaces is 54. I can only assume my letter dated 9/25/02 maybe the reason for the confusion. I stated Gresser Companies may use up to 20 ea to 25 ea spaces for its own use. While that possibility still exists, the majority of the spaces will be used for outside storage to the public. I have been negotiating a lease with Acorn Storage people who would operate the facility, provided we are successful in finalizing an agreement. Sincerely, EX PROPERTIES MC Gresser -, ~ ~'L MAR 1 1 2003 j /3/ FINANCIAL OBLIGATION Lex Properties 03-CU-02-02-03 Lot 1, Block 1, Eagandale Center Industrial Park 10 There are pay-off balances of special assessments totaling -0- on the parcel for which the conditional use permit is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The approval of the conditional use permit is not contingent upon the payment of these Connection/Availability Charges. The charges become due and payable with connection to the City's Utilities. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT None USE RATE QUANTITY AMOUNT $0.00 TOTAL /.3 2 $0.00 Location Map ~t ~ ~_~ '~i/ ~ /\C 4" ""',..w~ ~.. O~~ I / e 1 i _~f jai. , j ~ '' . r-`~'-y i '`;~ ~;~K x ~~~ ~~~ +~ '~\ s P ~ ~ ~'e 0 ~° `.' :'. ' ~ ~ ':.. - _- ~ ~ r~ ~ ~ s -: -.t, :::. i ~~ ~ ~~__ P ~, 1 ,~ ~- ~ ~ ___ ~. 1000 0 1000 2000 feel Development/Developer: Lex Properties Application: Conditional Use Permit /~~ Case No.: 03-CU•20-09-02 M+p GnpenA utinp ER31 Arc View 7.1. 7+rc.1 e+w rtir Yd peMded by OeY01+ County 1.+11d SW Vey D-p+rbw.nt +ne n evnm ++ of M+n:e M07. City of Eagan // TNI! MAC 1! 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' w`~`; _'~ ~ ~ ' - ~ _ - ~ ' : --s3~.sax~--snolwwrrz+a ~ ^.~; ~- ~ j I , ~ ~ j j ~ ~ ~' Y_~ I I I I 7~~~ ~tI S:~ t ` ..:~,:~ _%[~r:: ~ \~ I_ ~ I t I I i ~°~. ~f, ,, :~ ~; sJ• ~ !~ ~ s_7 'jft t. ~ ,_ -' : ~ ~ -~`• .._~,_~._, ( :~ t1 i~ ~!i 1 it ~ ~ tali =~ I~ r~ tti -~ ~S " ~ 9 ~ 2" ts' Q 1~ ;~ _ ~ .N ~i `" i in ~ ~S ~!; i 1F ~ I , ~ el ii '_• ~ 3 I `' ~~.e L4 Z ~ ,• ~ C. 3 ;3 a. it! ., Ji lei :+ . t A .~. "O?y <sy~~~o %~Oa,7,.~ 1 \1 ~t.t i a s! i ~s ~ 3 ~' i 3 ~ : ~ + j # / ~ ; j a ~ .1 ~ -S . . .~ - J ~ ~; ~ .' ' i ~' fl ~ y •a~+. ~ ~ 1 : r ~' ~ ~ i, -J ~, • ~~ •s? ] i ' ~ ~j ~ i : ~ ~ air ~~,•,My `` w`` `'~a\ '' ~, ~ • ~~ ~~ i , ' S f_'3' Sa: a ~ ~;; ; ; j, ~.. ~ . , :~ Eagan City Council Meeting Minutes November 7, 2002 Page 4 Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Bakken moved, Councihnember Fields seconded a motion to approve a parking setback variance for property along Lexington Avenue between Golfview Drive and Yankee Doodle Road: Lot, 1, Block 1, Stuart's 2"d Addition - 0 to 6 foot parking setback variance. (PID 10-72851-010-01 subject to the following condition: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. PROJECT 854, PARKCLIFF 1sT - 3RD ADDITIONS STREET OVERLAY PARCEL 10-56702-030-01 FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Parcel ID No. 10- 56702-030-01. Public Works Duector Colbert gave a staff report. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Bakken moved, Mayor Awada seconded a motion to approve the final assessment roll for Parcel ID No. 10-56702-030-01 (Lot 3, Block 1 Parkcliff 3rd Addition, 4640 Parkcliff Drive) for Project 854 (Parkcliff 15` - 3`d Additions -Street Overlay), and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 NE~'~' BUSINESS CONDITIONAL USE PERMIT - MC GRESSER City Administrator Hedges introduced this item regarding a request for a conditional use permit for outdoor storage of non business related items at 2905 Lexington Avenue. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit for outdoor storage of non business related items at 2905 Lexington Avenue; subject to the following conditions: Aye: S Nay: 0 1. The outdoor storage area for non-business related items shall be located as shown on the revised plans dated September 25, 2002. 2. The seven-foot electric gate shall be installed prior to any storage in the designated area. 3. The outdoor storage area is subject to all other City Codes applicable to outdoor storage. 4. Total number of items to be stored shall not exceed thirty (30). 5. Items to be stored include only construction equipment and recreational vehicles. REZONING -CITY OF EAGAN City Administrator Hedges introduced this item regarding a request for rezoning of approximately 12 acres of unplatted land from Agriculture to Neighborhood Business. Senior Planner Ridley gave a staff report. Six residents expressed their concerns regarding the impact on the pond; what type of business could be constructed on the subject property; changes in elevation; road access to the property; light and noise pollution. Council and staff discussed the types of businesses that would be allowed in a "Neighborhood Business" zoning district and what businesses would require a conditional use permit. Discussion was also held regarding a /3,S PLANNING REPORT CITY OF EAGAN REPORT DATE: October 14, 2002 APPLICANT: M.C. Gresser/Lex Properties PROPERTY OWNER: Mike Gresser REQUEST: Conditional Use Permit CASE: 03-CU-20-09-02 HEARING DATE: October 22, 2002 APPLICATION DATE: September 18, 2002 PREPARED BY: Sheila O'Bryan LOCATION: 2905 Lexington Avenue COMPREHENSIVE PLAN: 1ND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST Mike Gresser is requesting a Conditional Use Permit for outdoor storage of non business related items in a gated area at 2905 Lexington Avenue in the SE '/4 of Section 3. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, 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. /36 Planning Report - MC Gresser October 22, 2002 Paee 2 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. CODE REQUIREMENTS The City Code requires a conditional use permit for outdoor storage. BACKGROUND/HISTORY The applicant's property is located at the old Knox Lumber site. There are two existing buildings on the site. The main building was used as the showroom retail store for Knox and is now primarily utilized as office space. The second building was the warehouse for Knox and is used similarly today. The old lumber storage area is used for the storage of concrete and masonry items in conjunction with Gresser Concrete and Masonry. Portions of the office space are leased to other tenants. EXISTING CONDITIONS The site is currently zoned I-I Limited Industrial and is guided in the Comprehensive Plan as IND, Limited Industrial. The existing two story office building is approximately 49,298 square feet, the existing warehouse is approximately 18,376 square feet, and existing open storage area to the rear of the property is about 6,054 square feet. Parking is located to the east and south of the building. The proposed location of the outdoor storage of non business items is located south of the building in a fenced area. The designated area has a bituminous surface and is screened by existing trees and fences. The proposed area abuts the property to the south, trees line the common property line and the property to the south has a wrought iron fence along the common line. /~37 s Planning Report - MC Gresser October 22, 2002 Pace 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Desi nation North Sin le-famil home BP, Business Park BP, Business Park East Single-family home R-1, Residential sin le LD, Low Density (0-4 units/acre) South Mini-storage warehouse I-1, Limited Industrial IND, Limited Industrial West Interstate 35E Ri ht-of--way Ri ht-of--way EVALUATION OF REQUEST Compatibility with Surroundine Area -Outdoor storage is compatible with the surrounding area. The single family homes to the north are zoned Business Park, the property to the south is zoned Limited Industrial. Outdoor storage is compatible with these zoning districts. The properties to the east are older single family homes. The streets are lined with mature trees and Lexington Avenue separates the uses. The proposed outdoor storage will be screened and not visible from the street. Site Plan -The proposed outdoor storage area is in an existing parking area south of the main building. The storage area consists of a bituminous surface and is striped for parking. There is an existing 10 foot tall wood board fence around the proposed storage area, a seven foot electric gate is proposed to enclose and secure the storage area. There will be about 20-25 spaces available to the public for storage. Outdoor Storage - In addition to the requirements for a conditional use permit listed above, City Code Section 11.70, Subdivision 20, C, recently adopted and in effect for the November 7, 2002 City Council meeting; lists performance standards for outdoor storage as follows: a) Outdoor storage items shall be placed within an enclosure. The applicant is proposing to enclose the storage with a 10 foot wood fence. b) All such enclosures shall be attached to the principal building except in the limited industrial district. This property is zoned I-1 (limited industrial) and does not require the enclosure to be attached. c) The enclosure shall be made of material suitable to the building and the items to be stored. The enclosure consists of wood board face that currently exists in the proposed storage location. /~38 G~ Planning Report - MC Gresser October 22, 2002 Page 4 d) The enclosure shall not encroach into any established front building setback area or other required setbacks. The proposed storage area is to the south of the principle structure and is set back more than 200 feet from the front property line. The storage area does not encroach into any required setbacks. e) The enclosure shall not interfere with any pedestrian or vehicular movement. The proposed storage area consists of parking stalls. This portion of the lot is already partially fenced off. Closing it completely will not interfere with vehicular movement. This site does not have much pedestrian movement. f) The items to be stored shall not exceed the height of the enclosure. The proposed type of outdoor storage has potential to exceed the height of the 10 foot fence enclosure. The APC and City Council may wish to consider whether additional screening measures would be appropriate. It is staff's assessment that because the immediate neighboring property is industrial and the storage area has limited visibility from Lexington Avenue, it does not appear additional screening measures are necessary. g) The display area shall not utilize required parking spaces or landscaping areas. The site has about 223 parking stalls. Calculating the parking based on the warehouse requirements there are more than enough parking spaces on the site excluding the storage area stalls. h) ~ The display area shall be surfaced with concrete or an approved equivalent to co~ttrol dust and erosion. The surface shall be properly maintained to prevent deterioration. The proposed area has a bituminous surface. i) The square footage of outdoor display areas shall be included in the calculation of required off-street parking for the principle t~se of the propert}~. The parking needs of a warehouse use are met with the parking spaces provided. SUIVI>`IARY/CONCLUSION Mr. Gresser is requesting a Conditional Use Permit for outdoor storage on his property at 2905 Lexington Avenue. He proposes to store personal items as well as items from the public for a fee. The items will range from recreation vehicles to work equipment. The proposed area is located in a fenced and secure area south of the main building consisting of a bituminous surface and striped parking. A 10 foot fence surrounds the proposed area and an electric gate will be installed to connect the fence. The property to the south is screened by existing trees and a wrought iron fence. No other screening or security measures are proposed at this time. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit for outdoor storage of non business related items at 2905 Lexington Avenue. If approved the following conditions shall apply: 1) The outdoor storage area for non business related items shall be located as shown on the revised plans dated September 25, 2002. /39 ~. Planning Report - MC Gresser October 22, 2002 Page 5 2) The seven foot electric gate shall be installed prior to any storage in the designated area. 3) The outdoor storage area is subject to all other City Codes applicable to outdoor storage. 4) A detailed list of items to be stored outside shall be submitted to the City prior to release of the Conditional Use Permit. /4b -~ ... ~ - _ September 2~, 2002 Lex Properties 2905 Lexington Ave S Eagan, MN 55121 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Outside Parking/Storage Attn: Mr. Mike Ridley, Senior Planner Dear Mike; First of all I want to apologize to you for submitting the confusing site plan last week. If just proves haste makes waste. Please find "clean" sheets in full size as well as two each 8 %i"x 11"sheets of the site plan. Our objective is to store some of our vehicles as well as equipment in this area. Items that are not in use everyday, etc. We will have approximately 20 ea to 25 ea spaces available to store items for the public after we take care our own needs first. The area has a 10'-0" high wood board fence, the same as was here from 1988 as installed by Knox Lumber. We will have a 7'-0" electric gate at the entrance. The only negative of our being at this property is the $10,000.00 per month real-estate taxes. It is our hope this public storage will help us to take some of the bite out of the real-estate tax bill. Thank you for all your help in this matter. Sincerely, Lex Properties MC Gresser /~F/ ~~ City of Eagan Advisory Planning Commission Meeting October 22, 2002 Page 4 B. CONDITIONAL USE PERMIT - LEX PROPERTIES A Conditional Use Permit to allow outdoor storage on Lot 1, Block 1, Eagandale Center Industrial Park No. 10, located at 2905 Lexington Ave. S. in the SE '/< of Section 3. Planner O'Bryan introduced this item and highlighted the information presented in the City Staff report dated October 14, 2002. She noted the background and history. 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 Gladhill stated agreement with the approval of the Conditional Use Permit, however stated the height requirement of the storage material could be an issue with recreational vehicles. Member Segal moved, Member Bendt seconded a motion to approve a Conditional Use Permit to allow outdoor storage on Lot 1, Block 1, Eagandale Center Industrial Park No. 10, located at 2905 Lexington Ave. S. in the SE '/4 of Section 3 subject to the following conditions as amended: 1. The outdoor storage area for non-business related items shall be located as shown on the revised plans dated September 25, 2002. 2. The seven-foot electric gate shall be installed prior to any storage in the designated area. 3. The outdoor storage area is subject to all other City Codes applicable to outdoor storage. 4 A detailed list of items to be stored outside shall be submitted to the City prior to ,.°'°°~° °c.w° r°~a:+:°~°' T,..° n°,..~:'the City Council meeting. All voted in favor. Motion carried 5-0. / y~ /~ Agenda Information Memo April 15, 2003 Eagan City Council Meeting B. PLANNED DEVELOPMENT AMENDMENT -CORNERSTONE SELF STORAGE ACTION TO BE CONSIDERED: At the request of the applicant, this item will be continued to a future City Council meeting. ATTACHMENTS: • Enclosed on page ~ is a copy of a letter from Sheldon Badzin, owner of Mayflower Town Centre Properties, requesting a continuance of this item for up to 90 days. ~`f3 Apr 10 03 04:32p April 10; 2003 To: Pam Dudziak City of Eagan 3830 Pilot Knob Road Eagan - MN - 55122 From: Sheldon Badzin Mayflower Town Centre Properties 13033 Ridgedale Drive -Suite 131 Minnetonka - MN - 55305 Dear Ms. Dudziak. Per ow conversation today, eve are informinb you that we will not be presenting at the City Council meeting this coming Tuesday, April 15~'. We would like to have this request continued for up to 90 days. Sincerely, Sheldon Badzin, Owner Office: 952-886-7337 Cell: 612-382-0133 p.l /~y 3495 Denmark Ave Eagan - MN - 55123 Agenda Information Memo April 15, 2003 IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE A. APPOINT representative to the Minneapolis-St. Paul Noise Oversight Committee, per the recommendation of the Airport Relations Commission. ACTION TO BE CONSIDERED: To appoint a representative to the Minneapolis-St. Paul Noise Oversight Committee, per the recommendation of the Airport Relations Commission. FACTS: • Per the request of the Metropolitan Airports Commission (MAC), the City of Eagan is asked to appoint a representative to the MSP Noise Oversight Committee (NOC). • The NOC was formed at the recommendation of the MSP Aviation Noise Blue Ribbon Panel, which met between December 2001 and June 2002. • Panel members included elected officials from various communities that surround the MSP International Airport, as well as Jamie Verbrugge, then Assistant City Administrator. The panel also included airline representatives and user groups. • The panel concluded its deliberations in June 2002 and submitted a final recommendation to the MAC Planning and Environment Committee in August 2002, at which time the NOC was formally established. • The NOC has been charged with addressing ongoing efforts to address airport noise impacts and issues at the MSP International Airport. • Chad Leqve, Manager of the MAC Aviation Noise and Satellite Programs, contacted Assistant to the City Administrator Lord to request that the City of Eagan appoint a member to the newly established NOC. • Mr. Leqve added that MAC is strongly requesting, yet not requiring, that an elected official be appointed to the NOC, as the appointee will be looked at as a representative voice of the community. • Furthermore, Leqve added that in the past, non-elected representatives were appointed to the Metropolitan Aircraft Sound Abatement Council (MASAC), which resulted in the Council becoming a forum for noise activists, rather than community representatives, which is why MASAC was disbanded and the new Noise Oversight Committee is being formed. • Taking into account MAC's recommendation, the Airport Relations Commission (ARC) considered a recommendation to the NOC at their Apri18 Commission meeting. • The Commission approved a motion to recommend Councilmember Cyndee Fields to be the representative to the MSP Noise Oversight Committee, and to appoint Dianne Lord, Assistant to the City Administrator, as the alternate. • The Commission recognized that Councilmember Fields may not be able to commit the appointment, and emphasized that should the Council wish to appoint a different Councilmember to the NOC, it would be perfectly acceptable to the ARC. • The ARC recommended Councilmember Fields due to her role as Council liaison to the~ARC. • Lastly, the ARC recommended that the appointed alternate should also attend all NOC meetings to keep abreast of the actions taken by the Committee. ~~s `, oFTBEST > Minnesota Department of Public Safety ~e~~~/~~ ~% •Fo~ Alcohol and Gambling Enforcement Division ~ ~~• ~ : ~ ~ F~~``~ ~ 444 Cedar St-Suite 133 w ``~ ? St. Paul, MN 55101-5133 '~*1858*`~ (651)296-6439 TDD (651)282-6555 APPLICATION AND PERMIT FORA TEMPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION / ~ ~ ' DATE ORGANIZED TAX EXEMPT NUMBER F ~,, i Z ` ~ ' ~ o~ ~ i STRE T A ESS CITY STATE ZIP CODE NAME OF PER O MAKIN APPLICATION BUSIN S PHONE HOME PHONE ~ L. ~ (G SI) ~ - g 35 (6s~) 6~8 - a6 ~ DATES IQUOR WILL BE SOLD TYPE OF ORGANIZATION a- Q3 ^ CLUB CHARITABLE ^RELIGIOUS ^OTHER NONPROFIT ORGANI ATI N pp~~FFICER' S NAME ADDRE ~ r ~ ~ Hu.~-t-5 ~ - ~ r r >- .~ wl.v 5 5 ~.~ t ! OR ANI AT ONO C R'S N E ' ADDRESS ~' . -- / e 5. ~ C w ~. ORGANIZATION OFFICER'S NAME ADDRESS Location were license will be used. If an outdoor area, describe ~ ~ ~ f -~ . ~ ! ~ Y ~' f ' ' ~ ~ ~~ ~ ZLG r `~ ~ c.-Ca.,, S , ris! T B r 1S..ti ~ y ire .' G ,.n (~ M ~ wtr . ~ ~ ~ ~ Will the a plicant contr t for intoxicating liquo se ices? If so, give then an ad ress of the liquor licensee providing the servic . ' G '~ ~ G ?Ifs , t carrier's ame and amount of cove age / Will the applicant carry liquor liability insuranc _ (NOTE: Insurance is not mandatory.) ~ `~ ~ • i~ P c ~' F a.~~t ~~ c~ APPROVAL APPLICATION ST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT CITY/COUNTY ~~` ` ~'~/L DATE APPROVED CITY FEE AMOUNT ~ % %L • '- ~ ' _ LICENSE DATES DATE FFF_ PAID _ ~ _ - - ~,~ SIGNATU E~ CITY CLERK OR COUNTY OFFICIAL APPROVED Alcohol & Gambling Enforcement Director Note: Do not separate these two parts, send both parts to the address above and the original signed by this division will be returned as the license. Submit to the city or County at least 30 days before the event. PS-09079 (6/98) ~t Mazch 28, 2003 Hand Delivered Mr. Tom Hedges, City Administrator And The Honorable Mayor And City Council Eagan Municipal Center 3830 Pilot Knob Road Eagan, MN. 55122 RE: Request for Waiver of Fee Dear Mr. Hedges: As you may know, the Eagan Foundation, Inc. is having its 2"d Annual Wine Tasting Fundraiser on May 15`h. I am enclosing along with this letter our Application and Permit for a Temporary On-Sale Liquor License that we would like approved by the City Council. We also respectfully request that the fee be waived. Thank you very much for your consideration of our request. If you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, ~'Y L. Huusko Chair, The Eagan Foundation, Inc. GLH:ms cc: Bazbaza Duchazme, Executive Director of the Eagan Foundation, Inc. U~ DATE ON SALE FEE _OFF SALE FEE TEMPORARY FEE 125.00 PLEASE PRINT CITY OF EAGAN 3E30 PILOT KNOB ROAD EAGAN, MINNESOTA 55122 APPLICATION FOR MALT LIQUOR LICENSE APPLICANT i~'/~~Y I ~ D ~,c',O,~it,0 ,c'~ r'a~ (Last) (First) (Middle) Address! ~ 9~ n h'.s R~4J. D K,~A ~' (Pha a~1s.•2 - r~/~i - ~/ ~/~17 (Sei ert)hdate ~o - ~~~ y.3 NEW RENEWAL TEMPORARY QWNER'sNAME (Last) (First) (Middle) Address (Street) (City) (scale) (Zip) Phone Birthdate ' DBA NAME ~A~ A.K ,C l dat/~ G/ vf3 MANAGER'S NAME (Last) (First) (Middle) Address Address (Street) (Street) (CRY) (State) - (~P) Phone (CRY) (fie) (ZIP) Phorxt Birthdate HEREBY APPLIES FOR MALT LIQUOR LICENSE for the year ~o D 3 ,from J~l 2 to.) +~~1/ / l / , (month) / (date (nth) sdate) n Event: 'z7~ ~~ PA ~I u ~ y Location: Ca~,~~p_ t~a.+,~ /-5 Cpl ~~ ~l' (for temporary license) (Address) STRONG BEER: Yes No Applignts who have an on-sale wine license, and have 50% gross earnings from food, may sell strong beer without an sdddional license. Applipnts who elect to sell strong beer must carry liquor liabilRy insurance. Are you the actual proprktor? Yes () No ~jl) Are you the owner of the property of the twsiness location? Yes () No ~) Has any other license of this kind been granted to you? Yes ~ No ()Where ~~~~N ~ Da Z (City) (Year) Are any taxes, assessments or utility bills for the premises unpaid or delinquent? Yes () No ~ If yes, give reason. During the past year, has a summons been issued under the Liquor Civil Liability Law M5 340A.802? Yes () No (J~. If yes, attach summary copy. Have you ever been convicted? Yes () No ~ City (Other than a traffic offense) fs this a joint ownership or silent partnership? Yes () No 4Q. If yes, please attach a listing of complete names, dates of birth, addresses and telephone numbers of everyone involved. HEREBY `JERIFY TH:,T THERE Hi,S SEEN Nv CHANGE H) OYINERSH{? OR R'A":AGERS IN THE PAST YEAR. THE LICENSEE HEREBY AGREES TO INDEMNIFY ANO HOLD EAGAN HARMLESS FROM ANY AND ALL CLAIMS OR SUITS INCLUDING ATTORNEYS FEES AND OTHER DEFENSE COSTS, WHICH THE CITY OF EAGAN MAY INCUR BY REASON OF ANY ACTIVITIES ARISING FROM THE GRANTING OF THIS 3.2 BEER LICENSE. 1 (we) HEREBY AGREE TO OPERATE SUCH BUSINESS IN ACCORDANCE WITH THE LAWS OF MINNESOTA AND THE ORDINANCES OF THE CITY OF EAGAN. THE FOREGOING STATEMENTS ARE TRUE ANO CORRECT TO THE BEST OF MY KNOWLEDGE AND R~~ icc AUTFIORIZED SKiNATURE POLICE APPROVAL: YES ( ) NO ( ) SIGNED DATED CITY COUNCIL APPROVAL YES( ) NO( ) 51GNED DATED: EAGAN LIONS CLUB March 29, 2003 The Eagan Lions Club would like to request that the city waive the $25.00 Fee for the Liquor License for the `~ of July. u RRY ~~ G ' ~ ' ' 3t;30 Pibt Bnob Road APPLICATION FOR LICENSE Loma year- • Ewan, MN SS122•is97 TREE MAWTENANCE CONTRACTOR For tsdi.idual, partnersbtp a corporatbn who ent, trim, Prone, remove spray or treat trees. I,~~E SY` U~- sT~Et? hereby make apptkatbn for a TREE MAIIVTENANCE CONTRACTOR license for the year ~03 from the City of EaQas. ' ' \\ (~, ° OVF NER:S ~l~ 5~1.VES?~~ ADDRESS: ~5 ~D.~-A1 g io~ ~ ~ PAONE/ (~) So uTN 5T . Fkv L, M Iy 5~b ~- S (dry) (qtr) (dP) BUS>T1ESS NAME~~.~ ~ ~Ttiyc~.rtt _ ADDRESS: ~ICr t} ~aM/~M1~ t rue • PHONE ~~~~5 !-gqo ~- ~Zf~LiS?~ jNG (~) SovrH sT. i~rv~ ri~ rJ - ~5b~-S (dry) (state) (zip) EMPLOYEES PERFORMIIVG TREE MAIIVTENANCE: (brat) (middle) (Brat) (middle) ) Name: ~1Q.1 ~ 11n ~ C7~ nn (ttuat) (middle) /~ (last] l (t'Irst) (middle) (hst) (ATTACH ADDTIIONAL NAMES) VEHICLES USED FOR TREE MA _ ~~ ~ ~o ~ `~ ~ ~ ~ HIV ~ D 9 ~ . (same) Gear) (make) (model) (license snmixr X1'7 ~uc~~-- ~ 7 ~~D- q-7 ~ ADO Yttn~ ~~so (oame) (year) (make) (modep (license somber) ' r 7 w~ P'T~ v ~ 0 D ~T~~~ ~ Lrt~(~-3 ~AI~ ~~ 3 `t- (name) (year) (make) (modcq (IkYnse enmber) (ATTACH ADDITIONAL VERICIE II~FORMATION) 1 EQLT>PMENT USED FOR TREE MAWIENANCE: ! (e.j., atnmp Srioder, brns6 ~PPa+ ~~~ Rmya~ ~•) (name) (ibsctbn) . ~ ,.. (ATTACH ADDITIONAL EQUtP'MENT II~IFORMATION) es~ ~ ~ .. ,~:,: ~ ~~~~ x J .i\. ~ i. rf .f~i ~ .. - ~ Y+~A M _ ~ { ~ ;*S i f, ~ J1-0 ~ ~~~ ~ ~ '`tf COI!~t'RACTOR Yca~ ~r t~~~r ~ ~3' ~~. ~ ,~~,~, ~._ 4 ~~ t S ~ S ~ R ~: ~~ - ~ t ,._ ro . , P . ~ .. ." /~ ll///n~''^^ ~r fj, ~ j8 . (~ sUS NAME: ~. ADDnRF.ss: ~~ .~. ,i ~~r`~.~~~ ~ t i ~~. ;. ) ~ . .. . ~~ r e.~ ~. EMPLOYEES PERFORMII~G TREE MAIIV7ENANCE: ,"` `. 1~~- Name: ~~ ~r ~ . .~~Ti1n.~9~-,..~. ~ wk~ Name: (Mst) (mkidk) (last) .... , Names .~ ~~, (ATTACH ADDITIONAL NAl1~Sti ' VEHICLES USED FOR TREE MAII~'I'ENANCE: ~owo- Q~ q ~ ~ ~.»,~~~~ ~ L 3 0537 , . (tame) year) (make) (modeq pk~e tnmber) (~) Vim) a..ke) (eodeq (liaose •amber) ~~~~-c~. ~g L YA~ ~t 8s~3 s (ume) year.}., . (wke) (modeq Nc~e.amber) (ATTACH ADDITIONAL VE>~tCtE IIdFORMATION) EQUIPMENT USED FOR TREE 11[AWIENANCE: (s.=•. alesmp ~ritder~ bns6 eMppec, e~gw's, q~7~. ~•) `s' ~3~0 ~) c~a) . . ~ acme) nctlon) (ATTACH ADDITIONAL EQt1~P'MENT 1Nt~ORMATION) _ ~:. ,, ~ _ a4~s~M! .~ ~~~, i.~;siaeo~ ~1.101if ~C~ B~Ml1'~ ~ ~ Y~ ,fir ~. L~aa, ll~i 1d1?2" APPLICATION FOA IJCENSE COMMERCLAL 1rERTIIIZER APPLICATOR )Eae• teraoa or fires that t~aa a ea^~dat appieabr iceasa Ipued by trs Stara A=ricultns+a Caoaiabesr. ~ ~-S TAE ~~~ ~uST ~~~ S f~g ~dmA~ ~ (WSJ ~ 5 ~ X07 Bah»as Name or company Ada l ~ ~ Pbooe ~~~~ • ~ - ` ~ Cky State 7~p Business Contact Street Address Phone City State 73p REQUIRED DOCUMENTATION: A description of lawn tertillzer formulations (nitrogen, phosphorus, potassium) proposed !or use on lawns in Eagan by the applkaat. A copy of the commercial applicator lkxnse issused by the State Agrkuiture Commissioner. CONDITIONS OF LICENSE: 1. The city shall conduct random sampling of any commercial lawn fertilizer to be applied in the city at any time after the licence is issued. The cost of sample analysis shall be paid by the commercial applicator if the Phosphorus content is found to exceed authorized levels. 2. A Dopy of the license shall be in the possession of the lictnsoe a its employees or agents when making fertilizer applications within the city. 3. No fertilizer applications maybe made when the ground is frozen or between November 15 and April 1. 4. Licensee or its employees or agents should not apply, spill or otherwise deposit fertilizer on impervious surfaces. All fertilizer shall be completely removed from the impervious surface before tbe licensoe%mployee/agentfeaves the site. 5. Fertilizer applications shall not be made within 15 felt of the edge of a wetland, pond ar lake. 6. Fertilizer content and application rate: ' ~ Fertilizer applications is the city cannot contain moc+e than 3% by weight of phosphate expressed as P205. • Annual amounts shall not exoeod .5 lb. of phosphate expressed as P205 per 1000 square fat of lawn area unless documented by a lawn soil phosphorus test conducted by the University of Minnesota Soil Testing Lab and taken within the last two years. • The license must maintain a rxord of the pounds of phosphate expressed at P205 per l 000 square feet of lard applied to each site during the year. I certify that I have rrad and understand the above conditions and as a licensee, I agree to comply with ens.. ~~3 % ..` Srgnature o Applicant Date Failure to comply with Ikenstng requirement prbr to applying tertiliur V a mbdemeanor. Non-compliance w~it6 Ikensing requirement is cause for terminatbn of the lkense tollowing a publk bearing. OFFICE USE: RECEIPT M AMOUNT DATE PAID ,--' ~~ ~~°~ Cky of Eagan Fa: SSll.l10 7Y v ' 3830 Pitt Knob Road Year. o~~ Eagan, MN SS122 APPLICATION FOR LICENSE COMMERCIAL FERTII.IZER APPLICATOR For person or firm that has a commercial applikator license issued by the State Agrkulture CommLsbner. 34 v LG~„ ~, ~ i,-~ [~~ Business Name or Company W .~11,~4.,,, ~3~a~ Business Contact 5.23 S~l~~',R,~e..~ /Vb~f ~- Street Address S~y~ C State Stt+eet Address CT ~ ~N s3 ~~ city sate ~lz 6/6 -33'73 Phone C yP /~ -33~ Phone6 up REQUIRED DOCUMENTATION: A descriptbn of lawn fertilizer tormulatbns (nitrogen, phosphorus, potassium) proposed for use on lawns in Eagan by the applicant. A Dopy otthe commercial applkator license bsused by the State Agrkukure CommLsbner. CONDITIONS OF LICENSE: 1. The city shall conduct random sampling of any commercial lawn fertilizer to be applied in the city at any time after the licence is issued. The cost of sample analysis shall be paid by the commercial applicator if the phosphorus c~tent is found to exceed authorized levels. 2. A Dopy of the license shall be in the possession of the licensee or its employees or agents when making fertilizer applications within the city. 3. No fertilizer applications may be made when the ground is frozen or betwan November 15 and April 1. 4. Licenses or its employees or agents should not apply, spill or otherwise deposit fertilizer on impervious surfaces. All fetilizer shall be completely removed from tbe impervious surface before the licenseelemployee/agent leaves the site. 5. Fertilizer applications shall not be made within 15 feet of the edge of a wetland, pond or lake. 6. Fertilizer content and application rate: * ~ .Fertilizer applications in the city cannot contain more than 3% by weight of phosphate expressed as P205. + Annual amounts shall not excxod .5 Ib. of phosphate expressed as P205 per 1000 square fat of lawn arcs unless documented by a lawn soil phosphorus test conducted by the University of Miruresota Soil Testing Lab and takes within the last two years. + Tbe license must maintain a record of the pounds of phosphate expressed at P205 per 1000 square feet of land applied to each site during the year. I certify that I have read and rurderstand the above conditions and as a licensee, I agra to comply with those conditions.. ~~ ~.% SSignatun of Applicant Date Failure to comply with licensing requirement prbr to applying tertilizer 4 a mLdemeanor. Non-0ompliance with licensing requirement b cause for terminatbn of the lkense tollawing a public hearing. OFFICE USE: RECEIPT N AMOUNT DATE PAID Cky of EagAn Fee: SS0.00 3830 P[bt Knob Road Year. Ea=an, MN SS 122 APPLICATION FOR LICENSE COMMERCIAL FERTII.IZER APPLICATOR For person or firm that 6u a oommercW applikator license issued by the State Agricukure Commbsbner. ~ y y/ , l y6'~' icy` ~k a: e.cT Cc~ S~. ~y~iL~ Bwioeaa Name or Coospany f / G /t-- 1~~3 Bwiness Contact REQUIRED DOCUMENTATION: Street Address Phone City ~1/l ~ li' Lo /l~~ Lit'<v State /~~-- Zip St~Address Phone GdG~ i~~a~,~rG_ i~l~ usr. ~~/l ° ..f~~f1 Y~ Cky State z ~l~ ^ Zip A descriptbn o[ lawn fertilizer formulations (nkrogen, phosphorus, potassium) proposed for use on lawns in Eaian by the applicant. A copy of the commercW applikator ll~cense bsused by the State Agrkukure Commissbner . CONDITIONS OF LICENSE: 1. T`he city shall conduct random sampling of any commercial lawn fertilizer to be applied is the city at any time attar the licenoe is issued. The cost of sample analysis shall be paid by the commercial applicator if the phosphorus content is found to exceed authorized levels. 2. A Dopy of the lioeax shall be in the posses.4ion of the licen.~oe or its employees or agents when making fertilizer applications within the city. 3. No fertilizer applications may be made when the ground is frozen or between November 15 and April I . 4. Licensee or its employees ar agents should not apply, spill or otherwise deposit fertilizer on impervious surfaces. All fertilizer shall be completely t+emovod from the impervious surface before the licenseelemployeelagent leaves the site. 5. Fertilizer applications shall not be made within 15 feet of the edge of a wetland, pond or lake. 6. Fertilizer content sad application rate: ~ Fertiliztr applications in the city cannot contain more than 3% by weight of phosphate expt+essod as P205. • Annual amounts shall not exoood .5 lb. of phosphate expressed as P205 per 1000 square feet of lawn arcs unless documented by a lawn soil phosphorus test cooductad by the University of Minnesota Soil Ming Lab and :alc~i with;:, the last tan years. * The license must maintain a r+eoord of the pounds of phosphate expressed at P205 per 1000 square feet of lead applied W each site during the year. I certify that I have read and imdetstaad the above conditions and as a licensee, I agree to comply with those conditions.. ' Signature of Applicant ~ Date FaUure to comply wkb ticens[n= requlremeob prbr to applytag fertilizer 4 a misdemeanor. Non-compliance wkb 1loensin= requirsmenb b cause for terminattbn of the ikense tolbwing a publk bearing. OFFICE LTSE: RECEIPT M AMOUNT ~ DATE PAID ~9 J ~ '~ O ~ H p ? 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