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11/18/2003 - City Council RegularAGENDA EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING NOVEMBER 18, 2003 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. ~1 CONSENT AGENDA oc A. APPROVE MINUTES ~~?.~ B. PERSONNEL TTEMS /~?, j C. CHECK REGISTERS pa~D. APPROVE 2004-2008 CIP Part II Vehicles and Equipment ~a E. DIRECT Preparation of Ordinance Amendment, Chapter 10, Section 10.11, of the Eagan City Code entitled Dog and Cat Regulation and Dog Licensing tlaq F. APPROVE Change in Management on Liquor Licenses at Joe Senser's, Holiday Stationstore #247 and ® Noodles and Company /~3d G. APPROVE Tree Contractor License V ~r H. RECEIVE Feasibility Report and Schedule Public Hearing for Project 895 (Lake Park Shores & Thomas P Lake Additions -Street Overlay) for December 16, 2003 ~j3~ I. RECEIVE Feasibility Report and Schedule Public Hearing for Project 898 (Temvnal Drive -Street (~ Overlay) for December 16, 2003 J. APPROVE Final Plat of Eagan Central Park - City of Eagan ~35'IC. APPROVE Change Order No. 2 for Contract 03-01 (Town Centre Area -Street and Access Management P Improvements) ~3 L. APPROVE Final Subdivision, Whispering Woods Thirteenth Addition - Hilla, Inc. p 3 M. APPROVE Final Subdivision & Final Pd, Wentworth Park -Generation 2 Y,/ N. AUTHORIZE Preparation of an Amendment to the Sign Code for Window Signage ~~ O. APPROVE License Agreement, Keystone LLC P. APPROVE Contract 03-09 - Investment Retainage Agreement (Water Treatment Plant Expansion) P Q. APPROVE Change Order -Central Park R. APPROVE the 4-month Extension of the Advisory Commission Members' Terms that are Scheduled to Expire on December 31, 2003 by Extending the Terms through April 30, 2004 ,psd S. APPROVE Extension for Recording the Final Plat of Nature Preserve -Manley Land Development YsaT. APPROVE Extension for Recording the Final Subdivision of Piney Woods -Manley Land Development V. PUBLIC HEARINGS ~Q~~A. ORDINANCE AMENDMENT, Chapter 5 - of the Eagan City Code entitled Wine, Beer and Liquor (J Licensing and Regulation regarding liquor license fees. ~~ B. VARIANCE, Jim Coopers Goodyear, A Variance request to the 10 foot setback for the construction of a monument sign on Lots 6 & 7, Block 1, Blackhawk Plaza, located at 1835 Diffley Road in the SE '/4 of Section 20. VI. OLD BUSINESS ~~~ A. VARIANCE, Todd Wagner - A Variance request to the size and height of an accessory building on Lot 4, Block 9, Cedar Grove No. 8, located at 1745 Sartell Avenue in the NE '/. of Section 20. ~J ~,SB. VARIANCE -Duane Olson - A 2.5 foot Variance from the required maximum of 42 inches to construct a r foot fence in a front yard on property located at 1250 Cliff Road. C. PLANNED DEVELOPMENT AMENDMENT - MWP INVESTORS, INC. - A Planned Development Amendment to allow a currency exchange facility at 1970 Rahn Cliff Road. ,p/~D. ORDINANCE AMENDMENT -City Code, Chapter 6.37 Garbage, Refuse, and Recycling Haulers to allo Vf~ bi-weekly residential /multi-family dwelling recycling. VII. NEW BUSINESS 6 w VIII. LEGISLATIVElINTERGOVERNMENTAL AFFAIRS UPDATE IX. ADMIPTISTRATIVE AGENDA ~~ ay X. ECONOMIC DEVELOPMENT AUTHORITY XI. VISITORS TO BE HEARD (for those persons not on the 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. ,~ ~' .. ` _ -.,;~~ ~- - MEMO `~ v city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 14, 2003 SUBJECT: AGENDA INFORMATION FOR NOVEMBER 18, 2003 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the November 18, 2003 City Council agenda, the following items are in order for consideration. Agenda Information Memo November 18, 2003 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the November 6, 2003 regular City Council meeting, the November 12, 2003 special City Council workshop, the October 28, 2003 special City Council meeting and the October 27, 2003 City Council Retreat as presented or modified. ATTACHMENTS: • Minutes of the November 6, 2003 regular City Council meeting are enclosed on pages 3 through ~. • Minutes of the November 12, 2003 special City Council workshop are enclosed on pages through ~.~. • Minutes of the October 28, 2003 special City Council meeting are enclosed on pages through • Minutes of the October 27, 2003 City Council Retreat are enclosed on pages through ~• a- DR MINUTES OF A REGULAR MEETING OF THE /q ~ } EAGAN CITY COUNCIL ` Eagan, Minnesota November 6, 2003 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting in the Community Room of the Eagan Municipal Center. There were no citizens who wished to be heard. A regular meeting of the Eagan City Council was held on Thursday, November 6, 2003 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. Also present were City Administrator Tom Hedges, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary /Deputy Clerk Mua McGarvey. AGENDA Councilmember Maguire moved, Councihnember Tilley seconded a motion to approve the agenda. Aye: S Nay: 0 CONSENT AGENDA Items B, G, AA and BB were pulled for discussion. Councilmember Maguire moved, Councihnember Tilley seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the October 21, 2003 regular City Council meeting and the October 14, 2003 special City Council meeting as presented. B. Personnel Items. PULLED 1. It was recommended to approve the appointment of Robert Kriha as Fire Chief, effective December 3, 2003. 2. It was recommended to approve the hiring of Crystal Stevenson as a Guest Services Rep at the Community Center. 3. It was recommended to approve a maximum deduction amount of $3,000 beginning in calendar year 2004 for medical expenses under the City's Flex Spending Plan. 4. It was recommended to approve two additional positions for 2004 for the Community Center: Facility Supervisor and a second Custodial Maintenance Worker. 5. It was recommended to approve an addition to Article 38 of the City's Personnel Policy describing the Health Care Savings Plan provisions as established specifically by and for the Department Director Group. C. Check Registers. It was recommended to ratify the check registers dated October 23, 2003 and October 30, 2003 as presented. D. Liquor License. It was recommended to approve the off-sale liquor license for Sivart, Inc., 1983 Silver Bell Road (the former Silver Bell Liquor location). E. Resolution to Call Bonds. It was recommended to approve the resolution to call for early retirement all outstanding Series 19930 and 1995C bonds on February 1, 2004. F. Resolution to Issue and Sell Bonds. It was recommended to approve the resolution to issue and sell $2,040,000 General Obligation Improvement Refunding Bonds, Series 2004A, and approve retirement of the outstanding General Obligation Improvement Bonds, Series 1995A and 1996A. G. PULLED CIP Parts II. Part II (Vehicles and Equipment) of the 2004 - 2008 Capital Improvement Program (CIP). H. PULLED Agreement. 36 month agreement between the City of Eagan and Qwest for an Emergency Prepazedness Network Service commonly referred to as a community notification system or Reverse 9-1-1. I. 2004 Funding Application. It was recommended to approve the submission of the 2004 Funding Application for $120,328 from Dakota County to operate a Recycling Program for the Cities of Apple Valley, Eagan and Burnsville. 3 Eagan City Council Meeting Minutes November 6, 2003 Page 2 ~Rq FT J. Final Subdivision. It was recommended to approve a Final Subdivision (Gardenwood Ponds 6`~ Addition) to create two single family lots at 3853 North Ridge Drive; subject to the conditions in the August 19, 2003 City Council minutes. K. Hauler License. It was recommended to approve Construction /Demolition Debris Licenses for Mac's Roll-Off Service, Inc, and Capital Waste Systems, Inc. L. Project 902. It was recommended to approve a Traffic Control Signal Agreement for Project 902 (Cliff Road/Lexington Avenue Intersection -Traffic Signal Improvements) with the Dakota County Transportation Department and authorize the Mayor and City Clerk to execute all related documents. M. Advance from Municipal State Aid Road Program. It was recommended to approve a resolution requesting the Minnesota Department of Transportation to advance to the City of Eagan three years of future apportionments from the Municipal State Aid (MSA) Construction account. N. Proiect 896. It was recommended to receive the Draft Feasibility Report for Project 896 (Lakeside Estates -Street Improvements) and schedule a public hearing to be held on December 1, 2003. O. Project 897. It was recommended to receive the Draft Feasibility Report for Project 897 (Wilderness Park 2"a and 3`a Additions -Street Improvements) and schedule a public hearing to be held on December 1, 2003. P. Project O 1-N. It was recommended to acknowledge the completion of Contract O1-N (Manley Addition - Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. Q. Project O1-Q. It was recommended to acknowledge the completion of Contract O1-Q (Perron Acres -Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. R. Proiect 02-C. It was reconunended to acknowledge the completion of Contract 02-C (Nature's Edge - Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. S. Easement Vacation. It was recommended to receive the petition to vacate a portion of a public drainage and utility easement and schedule a public hearing to be held on December 1, 2003. T. Snow Removal Services Contract. It was recommended to approve the amendment and renewal of the contractual snow plowing agreements with Magnum Company, LLC, and Gallaghers Inc., for the 2003/2004 and 2004/2005 snow seasons and authorize the Mayor and City Clerk to execute all related documents. U. Proiect 901. It was recommended to authorize Barr Engineering to prepare a feasibility Report for Project 901 (Blue Cross Well Field Development). V. Project O1-G. It was recommended to deny the request for a time extension of the development agreement or Project O1-G (Safari at Eagan 3`a Addition -Street and Utility Improvements) and authorize the completion through enforcement of the development agreement security. W. MAC Correspondence. It was recommended to approve correspondence to the Metropolitan Airports Commission (MAC) to voice opposition towards the possible relocation of the Minnesota Army National Guard to the MSP Airport, per the recommendation of the Airports Relations Commission. X. Open Space Agreement. It was recommended to approve the Open Space Agreement for Kohl's Department Store, Wahnart, and Town Centre Shoppes. Y. ECVB Budget. It was recommended to approve the 2004 Eagan Convention and Visitors Bureau Budget. Z. Contracts -Community Center. It was recommended to acknowledge the completion of several contracts associated with the construction of the Eagan Community Center and authorize final payment. AA. Donations of Flags. It was recommended to approve a resolution accepting the donation of flags from Eagan American Legion Post 594. BB. Donation of Wagon. It was recommended to approve a resolution accepting the donation of a horse-drawn wagon from Carol Thomas on behalf of the Diamond T Ranch. CC. Tobacco License. It was recommended to approve a Tobacco License for the remainder of 2003 and 2004 for Boji Wine and Spirits, 1983 Silver Bell Road. B. Personnel Item: 1. Fire Chief Mayor Geagan announced the appointment of Robert Kriha as Fire Chief, effective December 3, 2003. He recognized outgoing Chief Craig Jensen for his years of service. Eagan City Council Meeting Minutes ~~ November 6, 2003 Iq F Page 3 Councilmember Maguire moved, Councilmember Carlson seconded a motion to approve the personnel items on the consent agenda. Aye: 5 Nay: 0 G. CIP Parts II. Mayor Geagan asked for clarification regarding the purchase of vehicles. Council agreed this item should be continued to allow staff time to provide further information. Councilmember Carlson moved, Councihnember Tilley seconded a motion to continue consideration of the 2004-2008 CIP Part II, Vehicles and Equipment, until November 18, 2003. H. Agreement. 36 month agreement between the City of Eagan and Qwest for an Emergency Preparedness Network Service commonly referred to as a community notification system or Reverse 9-1-1. City Administrator Hedges noted that a letter had been received from another vendor requesting continuance of this item to allow time for an additional bid to be submitted. After discussion, Council concluded that the proper notification for RFP's had been given. Councihnember Maguire moved, Councilmember Fields seconded a motion to approve an Emergency Preparedness Network Services Agreement with Qwest. Aye: 5 Nay: 0 AA. Donation of Flags. Councihnembers expressed appreciation for the donation of flags from the American Legion Post 594. Councihnember Maguire moved, Councihnember Fields seconded a motion to accept the donation of flags from the American Legion Post 594. Aye: 5 Nay: 0 BB. Donation of Horse-Drawn Wagon. Councilmembers expressed appreciation for the donation of a wagon from Carol Thomas. Motion was made by Carlson, seconded by Maguire to accept donation of wagon from Carol Thomas on behalf of the Diamond T Ranch. Aye: 5 Nay: 0 PUBLIC HEARINGS CERTIFICATION OF DELINQUENT UTILITY BILLS City Administrator Hedges discussed this item regarding the fmal assessment roll for delinquent utility bills. The assessable amount of the accounts is $43,521.32. Mayor Geagan opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to close the public hearing and approve the fmal assessment roll for delinquent utility bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT FALSE ALARM BILLS City Administrator Hedges discussed the final assessment roll for delinquent false alarm bills. The total amount assessable is $520.00. Mayor Geagan opened the public hearing. There being no public comment, he turned discussion back to the Council. S Eagan City Council Meeting Minutes November 6, 2003 ~~ Page 4 /q F Councihnember Fields moved, Councilmember Tilley seconded a motion to close the public hearing and approve the fmal assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 GARAGE VARIANCES AT 1745 SARTELL AVENUE -TODD WAGNER City Administrator Hedges introduced this item regarding a request for variances to allow an attached accessory structure to exceed the size of the house by 280 feet and a variance to allow the proposed garage walls to exceed 10 feet in height, on property located at 1745 SarteIl Avenue. City Planner Ridley gave a staff report noting that the variance is necessary due to a misinterpretation of accessory structure requirements when a building permit was issued for the accessory building. Mayor Geagan opened the public hearing. Mr. and Mrs. Wagner discussed the plans for the accessory structure and the expenses akeady incurred. Three neighboring property owners expressed opposition to the proposed variance. There being no further public comment, Mayor Geagan closed the pubic hearing and fumed discussion back to the Council. After discussion, Councilmembers agreed that due to the unfortunate misinterpretation of the requirements and the expenses incurred by the applicant, the item should be continued to allow time for staff and the applicant to bring the proposed accessory structure more into compliance. It was also suggested that the neighboring property owners be advised of any revisions to the proposed plans. Councihnember Maguire moved, Councihnember Tilley seconded a motion to continue consideration of a Variance to allow a proposed attached accessory structure to exceed the size of the house by 280 square feet and a variance to allow the proposed garage walls to exceed 10 feet in height, located at 1745 Sartell Avenue to the November 18, 2003 City Council meeting: Aye: 5 Nay: 0 VARIANCE -DANA AND SHELLY MELROE City Administrator Hedges introduced this item regarding a request for a Variance from the 20 percent maximum building coverage standard in residential zoning districts at 957 Wildflower Court. City Planner Ridley gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a one percent Variance from the 20 percent maximum building coverage standard in Residential zoning districts for the construction of an addition to the home at 957 Wildflower Court, legally described as Lot 10, Block 1, Lexington Pointe 8`~ Addition, in the NW '/< of Section 26, subject to the following conditions: 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. 2. The addition shall not exceed the size shown on the proposed site plan (29 feet by 17 feet). 3. The exterior materials of the proposed addition shall match the existing structure. PROJECT 886, LONE OAK ROAD TRUNK WATER MAIN IMPROVEMENTS City Administrator Hedges introduced this item regarding trunk water main improvements for Lone Oak Road. Assistant City Engineer John Gorder gave a staff report. 6 Eagan City Council Meeting Minutes /'`~~ November 6, 2003 ~J q Page 5 Mayor Geagan noted that Dakota County has removed this project from their five year CIP and the status of the funding for the Gift of Mary project is uncertain at this time. Mayor Geagan opened the public hearing. One resident, representing area property owners expressed opposition to the proposed project and suggested that benchmarks from the Gift of Mary project be provided regarding funding before the improvement project issue is brought back before the Council. There being no further public comment, Mayor Geagan closed the public hearing and fumed discussion back to the Council. Councihnembers agreed that consideration of this project is premature at this time. Councihnember Maguire moved, Councihnember Carlson seconded a motion to deny Project 886 (Lone Oak Road - Trunk Water Main Improvements). Aye: 5 Nay: 0 VACATION OF PUBLIC RIGHT OF WAY - DODD ROAD City Administrator Hedges stated a request was made by the applicant to continue consideration of this right of way vacation pending a proposed development layout. Councilmember Carlson moved, Councilmember Fields seconded a motion to continue the consideration of the vacation of public right-of--way known as Dodd Road adjacent to Parcel 10-03600-030-25 (660 Cliff Road) to correspond with the Council's consideration of an associated development proposal before the 90 day expiration. Aye: 5 Nay: 0 OLD BUSINESS RECONSIDERATION OF VARIANCE DENIAL - DUANE OLSON City Administrator Hedges discussed a request to reconsider approval of Findings of Denial fora 2.5 foot Variance from the required maximum of 42 inches to construct a 6 foot fence in a front yard on property located at 1250 Cliff Road. City Planner Ridley provided background information. Mr. Olson discussed plans for fencing in the front yard of his property, showing photographs of fencing on adjacent properties. Councilmember Carlson moved, Councihnember Fields seconded a motion to reconsider approval of the Findings of Denial fora 2.5 foot Variance from the required maximum of 42 inches to construct a 6 foot fence in a front yard on property located at 1250 Cliff Road in the NE '/4 of Section 34 at the regular City Council meeting on November 18, 2003. Aye: 5 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT - MWP INVESTORS, INC. City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a currency exchange facility at 1970 Rahncliff Road. City Planner Ridley gave a staff report. Councilmembers discussed signage regulations. Mayor Geagan suggested that input from the Police Department regarding the appropriate percentage of window signage be provided. The applicant was present and was agreeable to continue discussion of the proposed amendment pending additional information from the Police Department. Eagan City Council Meeting Minutes ~ h November 6, 2003 ~ r Page 6 /'` T Councilmember Carlson moved, Councilmember Fields seconded a motion to continue consideration of a Planned Development Amendment to allow a currency exchange facility at 1970 Rahncliff Road, legally described as, in the NW '/< of Section 32, to the November 18, 2003 Council meeting: Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION (EAGANDALE CENTER INDUSTRIAL PARK N0.19) CARSON PROPERTIES City Administrator Hedges introduced this item regarding a Prelinnary Subdivision to create two lots on 3.79 acres located at 3000 Denmark Road. City Planner Ridley gave a staff report. The applicant was present to answer questions of Council. Councilmember Fields moved, Councihnember Tilley seconded a motion to approve a Preliminary Subdivision to create two lots on 3.79 acres located at 3000 Denmark Road, legally described as Lot 1, Block 2, Eagandale Center Industrial park No. 9, in the NE '/4 of Section 10, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, and B3. 2. The property shall be platted. 3. A Final Planned Development approval and Agreement will be required prior to development of Lot 1. 4. The pylon sign shall be relocated, so that the pylon sign is located on Lot 2 and satisfies the nunimum 10 foot setback prior to final subdivision approval. 5. An easement and shared sign agreement that is acceptable to the City Attorney shall be executed prior to final subdivision approval to ensure the opportunity for both buildings to utilize the pylon sign once Lot 1 develops. 6. An ingress/egress easement benefiting Lot 2 providing ingress and egress over Lot 1 that is acceptable to the City Attorney, shall be executed prior to final subdivision approval. 7. The final plat shall provide for dedication of additional right-of--way as required by Dakota County. ORDINANCE AMENDMENT - CITY OF EAGAN City Administrator Hedges discussed this item regarding an ordinance amendment to Chapter 11 by adding Pawnshop as a permitted use in the Community Shopping Center (CSC) zoning district. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve an ordinance amendment to Chapter 11 by adding Pawnshop as a permitted use in the Community Shopping Center (CSC) zoning district. Aye: 5 Nay: 0 LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges updated the Council on the status of Senate File 150 regarding legislation that could significantly affect cities' ability to continue to collect cable franchise fees. ADMINISTRATIVE AGENDA Councilmember Carlson requested that regulations regarding signage, accessory buildings and the notification process be discussed at a future work session. Councihnember Maguire moved, Councilmember Tilley seconded a motion to recess the regular Council meeting at 8:30 p.m. and immediately convene a meeting of the Economic Development Authority. Following the Economic Development Authority meeting: Eagan City Council Meeting Minutes DR November 6, 2003 ~ F Page 7 Councilmember Maguire moved, Councilmember Fields seconded a motion to reconvene the regular City Council meeting at 8:35 p.m VISITORS TO BE HEARD Former City Councilmember Paul Bakken was present and commended the Council. ADJOURNMENT Councihnember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 8:40 p.m. Aye: 5 Nay: 0 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 MINUTES OF A D~ SPECIAL CITY COUNCIL WORKSHOP WEDNESDAY, NOVEMBER 12, 2003 5:00 P.M. COMMUNITY ROOM EAGAN CITY HALL Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, Maguire, and Tilley. Staff members: City Administrator Hedges, Assistant to the City Administrator Lord, Director of Administrative Services VanOverbeke, Communications Director Gamson, Police Chief Therkelsen, Police Officer Ruby, Director of Parks & Recreation Vraa, Superintendent of Recreation Asfahl, Director of Community Development Hohenstein and ECVB Executive Director Carlon. I. ROLL CALL & AGENDA ADOPTION Councilmember Fields moved, Councilmember Maguire seconded a motion to adopt the agenda as presented. Aye: 4; Nay: 0 (Councilmember Tilley not yet present) II. VISITORS TO BE HEARD There were no visitors to be heard. III. 4~h OF JULY ASSOCIATION City Administrator Hedges introduced the item noting that 4th of July Funfest Committee members Raleigh Seelig, Margo Danner, and Pat Thompson were present to address the City Council with their plans to seek donations and volunteers to help with the 2004 4th of July event. The Committee members thanked the Council for the opportunity to be at the workshop and presented a letter with their suggestions for the upcoming 4th of July event. The City Council discussed the various ideas and volunteer opportunities. Councilmember Fields noted she liked the concept of selling buttons and having an Eagan royalty. The Council discussed hosting a "marathon". The Council noted that given the late notice, it may be difficult to attract volunteers and runners, who often know of races a year before the event takes place. Mayor Geagan inquired about the NDC Chamber of Commerce involvement in the 4th of July Funfest. The Committee emphasized that they would like to see the Chamber involved. Mayor Geagan noted that he would contact the Chamber to request a meeting with them. The City Council and Committee discussed the letter that is proposed to be sent to businesses regarding their participation in the 4th of July event. Councilmember Carlson noted that the letter should include a reference that the donation is to anon-profit organization (Lions), and therefore would be tax deductible. The Council also requested that an option be available to a smaller business to donate funding in less expensive denominations. /v Special City Council Workshop Minutes November 12, 2003 Page 2 DRgFT Parks & Recreation Director Vraa addressed the Council regarding permanent electric facilities at Central Park. Mr. Vraa noted that he is working with SEH to get a fee proposal for the permanent electric capabilities at Central Park. The City Council thanked the Committee for their thoughts and work on the 4`h of July event. IV. HEALTHEAST DISCUSSION RE: USE & PLACEMENT OF DEFIBRILLATORS City Administrator Hedges introduced Police Chief Therkelsen, along with John Dillon, HealthEast Medical Education Program Director and HealthEast paramedic. Hedges noted that HealthEast Transportation received a grant from the Medtronic Foundation to promote the use of automated external defibrillators (AED) in public locations. Furthermore, Hedges added that HealthEast has chosen the City of Eagan to launch their public access defibrillator (PAD) program within Dakota County. Mr. Dillon provided a demonstration and overview of the PAD program. Mr. Dillon noted that it is their goal to get the defibrillators in public facilities and throughout the City. The City Council discussed the success the defibrillators have had, as well as the security issues associated with the devices. Chief Therkelsen noted that an assessment of defibrillators in Eagan is currently under way. Therkelsen also added that currently the City of Eagan's Police Department has seven defibrillators, one per patrol area. Mr. Dillon noted that the cost of a defibrillator ranges from between $1,500 per unit to $2,500 per unit. The City Council offered support of the program, the City's participation on a task force, and promotion via cable and the City's website. The City Council also offered support in having HealthEast provide a presentation at a future regular City Council meeting in order to provide public awareness about the program. V. METROPOLITAN COUNCIL LIVABLE COMMUNITIES ACT City Administrator Hedges introduced the item noting that per the direction of the City Council at the October 28, 2003 Council workshop, additional time has been scheduled for the City Council to discuss whether to participate in the Metropolitan Council's Livable Communities Act (LCA). Hedges noted that at the workshop, the City Council agreed to send any questions they had regarding the LCA Program to the City Administrator. As of Friday, November 7, the City Administrator had not received any questions from the City Council. Hedges noted that if it is the desire of the City Council to participate in the 2004 LCA Program, action at tonight's meeting would be necessary due to the November 15 deadline in place by the Metropolitan Council, per State Statute. The City Council discussed participation in the program. /~ Special City Council Workshop Minutes November 12, 2003 Page 3 CRAFT Councilmember Maguire moved; Councilmember Tilley seconded a motion to approve a resolution in support of participation in the LCA Program in 2004. Upon discussing the motion, LCA Program Director Elizabeth Ryan provided a summary of the funding that is available through the program. Mayor Geagan noted the wide gamut of uses in which the funding could be used; for example, he referenced that the funding could be used in the Cedar Grove Redevelopment Area. The Mayor also reaffirmed that the City could opt out of the LCA Program at any time. LCA Program Director Ryan noted that a City can opt out at any time; however, in order to opt out for the upcoming year, the decision must be made prior to November 15 of each year. Councilmember Fields noticed her concern with the speed in which the process had taken place, as well as the concern that could result from a change in census data next year. Councilmember Fields noted that participating in the program is fine; however, she does not like the concept of "joining" the program. Ms. Ryan noted that it is not the intention of the Metropolitan Council to change the goals that have been set for 2010. Councilmember Maguire noted his support of the program. Councilmember Carlson noted similar concerns to Councilmember Fields in that she was concerned with the time factor to research additional information about the program. Carlson also added her concern with the issue of "joining" the program. In response to this issue, Councilmember Carlson noted that research is currently being conducted to explore the issue of "joining" the LCA in the upcoming Legislative Session. Mayor Geagan called the vote. Aye: 3 Nay: 1 (Councilmember Fields opposing) Abstentions: 1 (Councilmember Carlson) VI. GUIDELINES FOR ADVISORY COMMISSION APPOINTMENTS/PROCEDURES City Administrator Hedges introduced the item, noting that at the October 14, 2003 City Council workshop, the Council discussed the current appointment process for City advisory commissions. Furthermore, after discussing numerous public policy issues associated with the appointment process and procedures, the City Council directed staff to prepare a policy incorporating the feedback provided by the Council at the workshop. Assistant to the City Administrator Lord provided an overview of the changes incorporated into the policy. Lord also distributed a revised "Data Practices Advisory for Protected Information" form, per the recommendation of the City Attorney. The City Council discussed the policy. It was noted that the policy should include a statement stating that while no advisory commissioner should be involved in the enforcement or regulation of City policy, it should be recognized that commissioners have the ability to attend project sites associated with Commission agendas. There was Council consensus to amend the attendance portion of the policy to state that a commissioner maybe removed in the event of three unnotified absences. The Council also requested that alternates attend every meeting. It was requested that the voting process when filling vacancies be further defined in the policy. Also, the Council requested that a statement be included regarding filling the alternate position if a vacancy occurs prior to January 1. There was Council consensus that in the event that there are less than two applicants in the applicant bank who sought appointment to a specific commission in which there is a vacancy, the vacancy will be advertised /~ Special City Council Workshop Minutes November 12, 2003 Page 4 DRAFT and reappointed. The Council directed that a question be added to the application requesting whether an applicant would be willing to serve on a commission other than the specific commission requested. The Council discussed the interview process and agreed that the interviews should be held on two nights during separate weeks. The Council agreed that appointments shall take place at the second regular Council meeting in April, with new commissioners taking their seat in May of each year. During the interviews, the City Council agreed that three or four standard questions should be asked of all applicants, with three or four commission-specific questions. The City Council discussed whether to conduct background checks on applicants. The Council offered questions regarding the use of background checks, which are to be directed to the City Attorney. Those questions included whether the results of a background check are public once they have been provided to the City Council. The Mayor also inquired about the process if background checks 'are used. The City Council directed a consent item on the November 18 agenda to extend the terms of those commissioners whose term expires on December 31, 2003. VII. JOINT AIRPORT RELATIONS COMMISSION DISCUSSION City Administrator Hedges introduced the item, noting that in keeping with the City Council's expressed wish to meet with each of the advisory commissions, the Council asked that a joint meeting with the Airport Relations Commission (ARC) be scheduled for the November 12, 2003 workshop to learn about the current issues being addressed by the ARC. Assistant to the City Administrator Lord gave an overview of the discussion guide prepared for tonight's workshop. Ms. Lord also introduced Lance Staricha, Chair of the Airport Relations Commission. Chair Staricha introduced the other members of the ARC and gave some introductory comment about the items to be discussed. The City Council discussed compliance within the Eagan/Mendota Heights Corridor. There was Council consensus for the City to continue to be tough in enforcement, and to encourage citizens to explain when compliance is not taking place. The Council requested that the MAC's Noise Hotline be publicized, as well as the rules regarding night flights. There was Council consensus to explain to citizens how they can use the tools on MAC's website, including the ability to track specific flights over their homes. Councilmembers Carlson and Fields noted software that they learned of at the NOISE Conference, which provides a tool to track flights with a ten minute delay, as opposed to the ten hour delay currently available on the MAC's website. The City Council also requested that a link to the MAC's website, including the ability to offer electronic feedback, be included on the City's website. It was suggested that information be provided to new residents regarding airport noise. Councilmember Fields requested that ARC meetings be played more frequently on the City's cable channel. It was also suggested that the date of the Airport Relations Commission meeting be included on the bottom of the screen when ARC meetings are replayed. /3 Special City Council Workshop Minutes November 12, 2003 Page 5 DRAFT The City Council discussed the City's relationship with Northwest Airlines and Mesaba Airlines, both of which are headquartered in Eagan. There was Council consensus that a balance is needed regarding the appreciation of the airlines' presence in Eagan, while recognizing the impact that airport noise has on residents. It was suggested that Northwest and Mesaba's government relations staff be invited to a future ARC meeting to dialogue regarding potential future legislation, as well as overall airport issues. The City Council discussed noise mitigation within the 60 to 64 DNL. There was Council consensus to pursue mitigation within the 60 to 64 DNL. The City Council discussed the maintenance of compatible land use within the corridor. There was Council consensus to maintain the City's position in promoting compatible Land uses within the Eagan/Mendota Heights Corridor. It was suggested that joint meetings be held with the Eagan Airport Relations Commission and other neighboring cities that have airport commissions. The City Council discussed the role of the ARC. The Commission thanked the City Council for their input. It was noted that a goals meeting of the ARC will be scheduled for next year. The City Council noted their desire to see an ARC communications plan to address the upcoming two years, in particular communicating the impact of the new north/south runway scheduled to open in fall of 2005. The Council requested that this communications plan be complete prior to May of 2004. The City Council discussed the structure of the MAC per the request of the Commission. Mayor Geagan noted that he will bring up the proposed legislation from the last session regarding the MAC structure when he meets with Representative Wilkin at an upcoming meeting. Mayor Geagan and the City Council thanked the Commission for all of their work on behalf of the community. Commissioner Schlax also noted his appreciation for Chair Staricha, who has served on the ARC for the past ten years. VIII. OTHER BUSINESS City Administrator Hedges provided a notice to the City Council of a neighborhood meeting that is being offered by a private developer to homeowners that surround the Carriage Hills Golf Course. Councilmember Tilley inquired about a call she received in regards to a check cashing business. City Administrator Hedges noted that staff could provide the caller and the City Council with the City's ordinance in regards to check cashing businesses. IX. ADJOURNMENT Councilmember Maguire moved, Councilmember Fields seconded a motion to adjourn the meeting at 8:35 p.m. Aye: 5 Nay: 0 /~ Special City Council Workshop Minutes November 12, 2003 Page 6 Date City Clerk DRAFT If you need these minutes in an alternative form such as large print, Braille, audio tapes, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, 651-675-5001, (TDD phone: 651-675-8535). 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. /S ~R MINUTES ~ ~ T SPECIAL CITY COUNCIL MEETING TUESDAY OCTOBER 28, 2003 5:30 P.M. COMMUNITY ROOM EAGAN MUNICIPAL CENTER Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, Maguire and Tilley. Staff present: City Administrator Hedges, Assistant to the City Administrator Lord, Director of Community Development Hohenstein, Director of Administrative Services VanOverbeke, Director of Communications Garrison and Community Programming Manager Hotchkiss. I. ROLL CALL AND AGENDA ADOPTION Councilmember Maguire moved, Councilmember Fields seconded the motion to approve the agenda as presented. Aye: 4 Nay: 0 (Councilmember Tilley not yet present.) II. VISITORS TO BE HEARD There were no visitors to be heard. III. METROPOLITAN COUNCIL CHAIRPERSON PETER BELL RE: LIVABLE COMMUNITIES ACT City Administrator Hedges introduced the item and introduced Peter Bell, Chairperson of the Metropolitan Council, along with staff members present from the Metropolitan Council. Hedges noted that no action is intended for this evening; rather, if action were to be taken, it would be scheduled at an upcoming City Council meeting. Mayor Geagan welcomed Mr. Bell, as well as Metropolitan Council Representative Tom Egan and Livable Communities Program Director Elizabeth Ryan. Councilmember Tilley arrived at 5:50 p.m. Chairperson Bell provided an overview of the Livable Communities Act (LCA). Bell also gave an overview of the development of the 2030 Regional Frame work. Chairperson Bell noted the voluntary nature of the LCA program, and that the City Council could choose to participate in the program on an annual basis. Bell also noted the competitive element of the LCA Program and that Eagan's participation does not guarantee LCA funding for projects. Tom Egan, Metropolitan Council Representative and former Eagan Mayor, thanked the City Council for the opportunity to address the Council. Representative Egan also recognized Tom Weaver, Metropolitan Council Regional Administrator, as well as Guy Peterson, Judd Schetnan, and Mark LTlfers of the Dakota County CDA, all of whom were in attendance at the workshop. /6 Special City Council Meeting Minutes October 28, 2003 Page 2 RAFT Liz Ryan, Program Director for the LCA program, summarized the formation of the LCA program and provided examples of current projects being funded through the LCA. Projects included Mendota Heights Town Center and the Town Center Development in Falcon Heights. Ryan noted that an average of $12 million per year is awarded out of LCA funding. The City Council discussed the LCA Program and the City's participation in the program. The Council inquired about the cost to join the program, to which Ms. Ryan responded that no fee would be owed to the Metropolitan Council at this time as the City of Eagan's contribution to the CDA meet the ALHOA requirements. Chairman Bell and Representative Egan both noted that the City of Eagan has surpassed the goals that are required under the LCA requirements (i.e., no "catch-up" would be needed by the City of Eagan). The City Council also discussed the 2030 Regional Framework and specifically asked that feedback be shared with the City Council. Program Director Ryan noted that the feedback received will be summarized and prepared for public information. Mark Ulfers, Executive Director of the CDA, addressed the City Council regarding participation in the LCA program. Upon further discussion, the City Council directed staff to prepare a memo to outline the process for joining the LCA Program, which is also to include a copy of the forms necessary to be completed prior to joining the LCA Program. The Council asked that this memo be prepared in preparation for further discussion about the LCA Program at the November 12 City Council workshop. There was City Council consensus that any further questions the Council may have about the program should be forwarded to City Administrator Hedges in order to get responses prior to the workshop on the 12~'. Chairman Bell noted that a decision of the Eagan City Council must be made by November 15, 2003 in order to participate in the 2004 LCA Program. Mayor Geagan and the Eagan City Council thanked the Metropolitan Council staff, Chairman Bell and Representative Egan for attending the workshop. IV. CONSIDERATION OF AN ORDINANCE AMENDMENT TO ALLOW BI-WEEKLY RECYCLING City Administrator Hedges introduced the item noting that at the August 4, 2003 City Council meeting, the Council was approached by Ron Moening, District Manager for Waste Management, with a request that they amend the City Code to allow bi-weekly recycling. Moening had added that if bi- weekly recycling was implemented in Eagan, Waste Management could offer their single sort recycling program to their Eagan customers. Assistant to the City Administrator Lord summarized the informational meeting that was held on September 10, 2003, at which all of Eagan licensed residential trash/recycling haulers were invited to attend. Sue Bast, Recycling Coordinator for the cities of Burnsville, Eagan and Apple Valley summarized Burnsville's experience with the single sort recycling program. The City Council discussed whether to approve an ordinance amendment to allow bi-weekly recycling. Ron Moening, District Manager for Waste Management, summarized the single sort program. The City Council discussed the potential criteria if the City were to change to a bi-weekly recycling program. The City Council asked that staff respond to the issue of whether the /% Special City Council Meeting Minutes ~~A F j October 28, 2003 Page 3 City is able to require haulers to pick up recycling weekly if they do not go to the single sort program. It was also suggested that if an ordinance amendment were approved, that the recycling bin must be a certain size in order to go to a single sort program. The City Council directed the City Attorney to prepare an ordinance amendment to Sec. 6.37 of the Eagan City Code to allow bi-weekly recycling. The Council directed that the item be scheduled for an upcoming regular City Council meeting under Old Business. The Council also asked that staff research the experiences of other cities that currently include haulers that offer the single sort program. Craig Seim, Manager of BFI, addressed the City Council noting that he does not oppose the proposed bi-weekly recycling provision, provided that the ordinance states that bi-weekly recycling is the minimum in which the recycling would be picked up. V. REVIEW PROPOSED 2004 EAGAN CONVENTION AND VISITORS BUREAU BUDGET City Administrator Hedges introduced the item noting that at the October 16, 2003 ECVB Board meeting, the Board adopted the 2004 Budget and Marketing Plan as presented to the City Council. Hedges also noted that by agreement, renewed in October 2Q02, the Eagan Convention and Visitors Bureau promotes the City as a tourist, conference, meeting, and visitor destination. Hedges added that the ECVB's funding source is primarily the City's local lodging tax, supplemented by a small amount of advertising and membership income. Communications Director Garrison and Executive Director of the ECVB Ann Carlon summarized the budget as presented. Councilmember Carlson thanked Ms. Carlon for her initiative in partnering with the Community Center. The City Council, along with Ms. Canon and Director Garrison, discussed new initiatives of the ECVB, as well as branding for the City of Eagan. Director Carlon noted that an event with a "Dickens Pond" theme will be held this winter to promote the new ice rink at the Community Center. Carlon also added that "an elegant evening in Eagan" will take place in 2004, which will be an international wine and beer tasting event". Lastly, Ms. Carlon added that the City of Eagan has been named one of nineteen official tourist information centers in the State of Minnesota. The City of Eagan and the Mall of America are the only two metro area tourist information sites. The City Council directed that the ECVB budget be scheduled for consideration under the November 6 Consent Agenda. VI. JOINT MEETING WITH BURNSVILLE/EAGAN TELECOMMUNICATIONS COMMISSION Communications Director Garrison introduced the members of the Burnsville/Bagan Telecommunications Commission that were present. Commission members in attendance included: Bob Cooper, Alan Miller, Chairman Paul Ryan, and staff member to the Commission, Mark Hotchkiss. Chair Ryan thanked the City Council for the opportunity for the Commission to meet with the City Council. Ryan also discussed the role of the Commission as seen by the Telecommunication Commission members. The City Council and Commission members discussed revenue sources, in particular, franchise fees, which could be in jeopardy due to federal legislation. The City Council and Commission members present also discussed community programming, the role of the Commission and the Commission's goals and plans for the upcoming year. The City Council discussed the Communications Capital Improvement Plans (CIP). In particular, it was noted that the consensus of the Commission is the immediate need for equipment replacement within the Burnsville/Eagan /8 Special City Council Meeting Minutes October 28, 2003 Page 4 DRAFT Telecommunications system. Commission members added that approximately 130 public meetings are taped in a given year. The Commission noted that their role per the City's Joint Power Agreement is to regulate the Cable Franchise. Chair Ryan added that if it is the desire of the City Council to change the duties and/or role of the Commission, City Council direction would be needed. The City Council discussed options available in the City's basic cable package and, specifically, inquired about Victory Sports. Chair Ryan noted that the Commission is not able to regulate the cable package purchased by residents. Ryan did add that the City is in communications with its cable provider to try to add Victory Sports to Eagan's basic cable package. The City Council and Commission discussed the role of the Internet with cable television and the need for digital equipment. The City Council suggested that the City of Burnsville also address the digital approach that is needed in technologies and also asked that Burnsville discuss the use of cable franchise fees. The City Council thanked the Commission for attending and noted that they would be very pleased to see the suggestions of the Commission as to additional issues or topics the Commission would like to address outside of regulating the cable franchise. The Council asked that these suggestions be brought back to the City Council for consideration. The City Council recessed as the City Council and reconvened as the EDA. Following the EDA meeting, the EDA reconvened as the City Council. VIII.OTHER BUSINESS Councilmember Maguire moved; Councilmember Tilley seconded a motion to deny a resolution to amend the purchase agreement with Keystone Properties for properties located between Cedar Grove Boulevard, Silver Bell Road and Alder Lane to reimburse Keystone for attorneys fees up to $50,000 and to indemnify and hold Keystone harmless in any and all damages that may result from the lawsuit brought against the City and the Keystone Redevelopment Project by Doris Dahline. Aye: 5; Nay: 0 Councilmember Maguire moved; Councilmember Tilley seconded a motion to approve an amendment to the development agreement between the Eagan EDA, City of Eagan and Keystone Communities of Eagan, LLC as approved in the aforementioned EDA action. Aye: 5; Nay: 0 IX. ADJOURNMENT The City Council adjourned the workshop at 8:15 p.m. ~9 DRAFT MINUTES CITY COUNCIL RETREAT MONDAY, OCTOBER 27, 2003 5:30 P.M. MOONSHINE PARK RETREAT CENTER The City Council, along with City Administrator Hedges, Assistant to the City Administrator Lord, Director of Parks and Recreation and Director of Administrative Services VanOverbeke met on Monday, October 27, 2003 at 5:30 p.m. at the Moonshine Park Retreat Center to review the City Council's strategic goals and receive updates from the City Council's standing committees. The City Council's Operations Committee (Mayor Geagan and Councilmember Carlson) provided an update to the City Council regarding the Community Center operations and, in particular, the Community Center Operating Budget. The City Council discussed the Operating Budget, which will be included on an upcoming City Council agenda for formal consideration. The City Council's Caponi Study Committee (Councilmember Carlson and Maguire) provided an update to the City Council on a memorandum of understanding that was prepared by the City Attorney to be presented to Mr. Caponi. The Council reviewed the memorandum, and there was consensus to present the memorandum to Mr. and Mrs. Caponi for consideration. No official action was required on this item. The City Council discussed their October 28 workshop. In particular, Mayor Geagan noted that he received a call from Metropolitan Council Representative Tom Egan to note that he is looking forward to the presentation at the workshop and will be in attendance. City Administrator Hedges noted that an a-mail was received from a woman regarding her concerns over a citation she has received for barking dog violations. The City Council noted that they would discuss this item should the woman attend an upcoming Listening Session. Hedges also noted that interviews for the Fire Chief are scheduled for October 29. Lastly, City Administrator Hedges noted that Bob Cooper, Eagan Telecommunications Commission member, has offered to address the City Council with suggestions regarding television appearance and presentation. The City Council agreed they would like to hear from Mr. Cooper with his suggestions. OTHER BUSINESS The City Council discussed the upcoming process for the City Administrator's evaluation. There was Council consensus to add a section regarding the City Administrator's goals for the upcoming year. Mayor Geagan offered his home as a location to host a winter holiday party of the City Council along with City staff (Department Directors, next tier of managers, and the city attorneys). Councilmember Carlson noted that the City Council must be mindful of being deliberate when making motions during the Economic Development Authority (EDA) portion of the Council Special City Council Meeting Minutes October 27, 2003 Page 2 CRAFT meetings. Councilmember Carlson also noted that she would like to work with Communications Director Garrison on the marketing for the Community Center. Mayor Geagan thanked the City Council for a very productive retreat, and for the spirit of cooperation they continue to demonstrate. The retreat adjourned at 8:15 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, 65]-675-5001, (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 November 18, 2003 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Part-time Manager-on-Duty/Community Center-- ACTION TO BE CONSIDERED: To approve the hiring of Andy Keykal as a part-time Manager-on-Duty at the Community Center. Item 2. Flex Spending Plan/Over the Counter Medicines ACTION TO BE CONSIDERED: To approve the addition of medicines and drugs purchased by a employee without a physician's prescription (Over-the- Counter") to expenses allowed for reimbursement under the City's Flex Spending Plan. FACTS: o The Internal Revenue Service has issued a ruling allowing reimbursements under a Flex Spending Plan for medicines and drugs purchased by an employee without a physician's prescription ("Over the Counter"). o In order for the City to be able to do this, the Council must officially approve the addition of these types of expenses to the Flex Spending Plan. as Agenda Information Memo November 18, 2003 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated November 6, 2003 and November 13, 2003 as presented. ATTACHMENTS: • Check registers dated November 6, 2003 and November 13, 2003 are enclosed without page number. Agenda Information Memo November 18, 2003, Eagan City Council D. APPROVE 2004-2008 CIP PART II VEffiCLES AND EQUIPMENT ACTION TO BE CONSIDERED: • To approve Part II (Vehicles and Equipment) of the 2004 - 2008 Capital Improvement Program (CIP) subject to additional information being provided on three specific vehicles before orders for any of them are placed. FACTS: The first yeaz of this CIP (2004) is approved as a budget with the four out years (2005 - 2008) being approved only as a general plan. • All vehicles and equipment costing more than $10,000 are budgeted in this section of the CIP with items costing less than $10,000 budgeted in departmental operating budgets. • In 1993 the City Council established a policy whereby each yeaz an amount is allocated to the Equipment Revolving Fund (ERF) for non-enterprise fund CIP Part II purchases. The allocation is based on an initial amount of $500,000 used in 1993 that is increased annually by population growth and inflation factors. The 2004 allocation was increased by 3.5% from the 2003 allocation to $870,892. An amount of $169,659 is being carried forward from 2003 generating a total available balance of $1,040,551 for 2004 purchases. • The ERF is funded through an annual ad valorem property tax levy. • The schedule for this approval is timed to allow for coordination with various purchasing/bidding options to provide for the best possible prices, the necessary lead times for ordering the equipment, and the desire to place the equipment in service during 2004. • After two management meetings in which stair from each department had an opportunity to discuss their proposals and challenge other department proposals in attempts to prioritize overall City capital equipment needs, the attached list of purchases totaling $857,000 from the ERF was reached by consensus. This ay allocation allows for a carry forward to 2005 of $183,551. The carry forward balance illustrates the desire to maximize the City's resources by stretching equipment and vehicle use. • An allocation of $100,000 for the first year of a five year program to put additional publicly owned fiber in place in the community is included in the Information Technologies section of the 2004 CIP. The funding is tentatively included from Franchise Fees. Prior to proceeding with any work on this project it will be brought before the City Council as a public policy matter as well as for consideration of the appropriate funding source, if the Council desires to proceed. • The Mobile Command Vehicle is being considered as a specialty piece of equipment that cannot be fmanced through this allocation process. Therefore, the funding source is currently presented as Other. Prior to proceeding with the consideration of this piece of equipment, the purpose, function, benefits, etc. along with potential funding options will be presented to the City Council in a workshop similar to the process used for the recent acquisition of the new aerial. Staff will also be diligently pursuing any grant opportunities resulting from Homeland Security initiatives. The unit is presented in the Fire Department section of the Part II CIP; however, it is a Public Safety Vehicle that reaches beyond only the Fire Service. • This item was continued from the November 6, 2003 agenda with direction to staffto provide additional information concerning the type of vehicles being proposed for purchase, primarily related to automobiles, pick-ups, sport utility vehicles, and 4 -wheel drive vehicles. That additional consideration includes the Community Development vehicle (pick up replacing an automobile), the Engineering vehicle (SW replacing an automobile), and the Water Quality vehicle (SLTV replacing an SLJV). • Since this work has not been completed, staff is suggesting that the 2004 - 2008 CIP Part II Vehicles and Equipment be approved subject to additional information being provided on the above referenced three vehicles before orders for any of them are placed. ATTACHMENTS: • Attached on page ~ is a copy of the summary of the equipment proposed 2004 CIP Part II purchases with the funding source for each unit. • Attached on page -~ is a copy of the summary of the proposed 2004 - 2008 Part II CIP. ~s S "a a U a m ~~ N N Z n. 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O ~ X O ' 0 0 O ~ .O ~ O CB ~' ~ ~ LL ~ ~ N O a ~ W C ~ W ~ f~ _ ' a .~ m W ~ ~ ~ O c ~ O ~ C ~ N ~ ~ N ~~~ Y N>~ ~ Q G C H ^ ~ ~j ... (!J N ~ ~ ~ ~ ~ ~ t[7 O O O ~ ~ O~~~ O N O~ ~ ~ IO ~ ~' ~ J N L O N UUU d LL~(nU d (A Cn Q ~ U s ~~ Agenda Information Memo November 18, 2003 E. DIRECT PREPARATION OF ORDINANCE AMENDMENT, CHAPTER 10, SECTION 10.11, OF THE EAGAN CITY CODE ENTITLED DOG AND CAT REGULATION AND DOG LICENSING ACTION TO BE CONSIDERED: To direct the City Attorney's office to prepare an ordinance amendment to Chapter 10, Section 10.11 entitled dog and cat regulation and dog licensing. FACTS: • As a matter of housekeeping, staff is requesting an ordinance amendment to Chapter 10, Section 10.11, Subdivision 1, Definitions and Subdivision 7, Potentially Dangerous and Dangerous Dogs. The amendment is based upon the need to correct a couple of typographical errors, to add language that was inadvertently omitted and to clarify existing language. • The proposed ordinance amendment will be placed on the December 1 City Council agenda under New Business. as Agenda Information Memo November 18, 2003 F. APPROVE CHANGE IN MANAGEMENT ON LIOUOR LICENSES AT JOE SENSER'S, HOLIDAY STATIONSTORE #247 AND NOODLES & COMPANY ACTION TO BE CONSIDERED: To approve a change in management at Joe Senser's located at 3010 Eagandale Place; a change in management at Holiday Stationstore #2471ocated at 3615 Pilot Knob Road and Noodles & Company located at 1340 Town Centre Drive. FACTS: • A change in management has occurred at Joe Senser's. The new manager, Patrick Flanagan, has completed the necessary forms and paid the appropriate investigation fee. • A change in management has also occurred at Holiday Stationstore #247. The new manager, Richard Jung, Jr., has completed the necessary forms and paid the appropriate investigation fee. • A third change in management has occurred at Noodles & Company. The new manager, Raymond Gibson, has completed the necessary forms and paid the appropriate investigation fee. • The Police Department has conducted investigations of the new managers and finds no reason for denial. a9 Agenda Memo November 18, 2003 CONSENT AGENDA: G. Tree Contractor License ACTION FOR CONSIDERATION: Approve Tree Contractor License for Miller Tree Service. FACTS: • All requirements of the license application have been met • Staff deems the application in order for approval 30 Agenda Information Memo November 18, 2003 Eagan City Council Meeting H. PROJECT 895, LAKE PARK SHORES/ THOMAS LAKE ADDITIONS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 895 (Lake Park Shores & Thomas Lake Additions -Street Improvements) and schedule a public hearing to be held on December 16, 2003. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: • On June 3, 2003 the City Council directed staff to prepare a feasibility report considering a street rehabilitation of the streets in the Lake Park Shores & Thomas Lake Additions neighborhood, including Lake Park Drive, Lake Park Court, and Lake Park Circle. • The bituminous overlay of the streets within the Lake Park Shores/ Thomas Lake neighborhood is programmed for 2004 in the City of Eagan's 5-Year CIP (2004- 2008). • An informational neighborhood 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 December 16, 2003. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. .3/ Agenda Information Memo November 18, 2003 Eagan City Council Meeting I. PROJECT 898, TERMINAL DRIVE AREA STREET IMPROVEMENTS ACTION TO SE CONSIDERED: Receive the Draft Feasibility Report for Project 898 (Terminal Drive -Street Improvements) and schedule a public hearing to be held on December 16, 2003. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: • On June 3, 2003 the City Council directed staff to prepare a feasibility report considering a street rehabilitation of Terminal Drive between Yankee Doodle Drive and Highway 13. • The bituminous overlay of Terminal Drive is programmed for 2004 in the City of Eagan's 5-Year CIP (2004-2008). • 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 December 16, 2003. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. 3a Agenda Information Memo November 18, 2003 Eagan City Council Meeting J. FINAL PLAT - EAGAN CENTRAL PARK CENTRAL PARK & COMMUNITY CENTER ACTION TO BE CONSIDERED: Approve a Final Piat (Eagan Central Park) to create one lot on approximately sixty acres located north of Central Parkway and west of Pilot Knob Road in the E %Z of Section 9 and authorize the Mayor and City Clerk to execute all related documents. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: • On June 6, 2000, the residents of Eagan passed a tax referendum for the construction of a community center on property the City of Eagan acquired from Duke Realty north of Central Parkway. • The site consists of three existing parcels which are being combined into a single lot. • All of the site improvements within Central Park and the construction of the community center have been completed. The grand opening for the community center was held on September 27, 2003. ATTACHMENTS: • Final Plat, page ~. 3.~ me Q d J Q u t~ : + a ~•u is~a tnawto a au io torm >«-~ -------------- } I!}• j F i -- ~.S 4 Q J Q W v C~ ~..~ ~~ ~ ~~ $ ~ N t -~ WFu '" ~ _ ?4 ~~ ~/~ t ;~~ X4°',0°`, ru asan ~ ~I ~I~ tmru~ n--.~ ~H woulw. ara m. usan i • J• t nowt ioi m say ~-~, f F -- ~--- __ ,,~-fir---- - :~~z . (,~ z _r ~ ~ •q~~jT$~g 'BI'Z C ''~V' V W ' '~ ~ •~ W ~. \~~~~~~ C~F3 u NO ~ ---- - 'fi E ~~ ~ $ ~:I~ a ,. ~~H~ d ~~~ ~ Y :4ia t ' i~ ~ w ~r~0. a s i : • I? E= f ~AAN W ~ 1 : ' ~: . I ~ ~ : ^~ ° II[I A `~i j'~ y ~~ r, $ U ~ ~Mg .,;~~ . t O ~ ~ C ` . . _,~~~ ; 15 ~6 _ 1A~0 t ~ . if; _ 11~-_. ' ..~ !i ~L I'~ ~ ~r \\ ~ \ ~. F- .5~~ Q~ ~ ~\ 1gl ~~ p . ~i J -~ ~"y, ~ F ' _ _ ~~- ~q . '~ ~ ~ SIR ~ ~: 375Q ~ i~ ~iG . Cp j~Lw 1 W ~~: 2 ~~ I W ... ~ f`t ~ ~ ~~~ S~ ~ _~ `\ `+ ~ : '~ t .. +~. j • ~ ~ ``Z ~ ~ `.i rY ~ ~ ~ i~ ~ ~ ' = ~ I 55~i I .. .. ~ H ~ ~ I ~ ZZ ~01J ~ ~ rn .{ ~ N I! 1~ 44 y ^NN y 8 i ~~~ 5t~ ~ ~t ~J ~„ ~~ Ot ~ O t Y IF o ~ c F `~ ~ x I N NN ~J~Ji ~~FyF FQQQo g ~ N~ ~N O~ 5a '1 ~~ t ' %; ~~~ RM ~~~ s~ , ~ 1 e a3g °'"1 - ~, ~. . ;, ~~ uiwn oa nna.Ya 1 u~i .' «3~3~ 3 i ~"~; ~ i ~.. .-:;1~r ~ r ~• ~~ ~ g ; i., 'r. y a 'r ~;e b~ . ~~ ~ O ~ ~~ ~ 'A ". ~.. :~ ~, iF'. ~, ;;` . - ... ... 1~C . . .: . Agenda Information Memo November 18, 2003 Eagan City Council Meeting K. CONTRACT 03-01, TOWN CENTRE AREA STREET & ACCESS MANAGEMENT IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 2 to Contract 03-01 (Town Centre Area -Street & Access Management Improvements) and authorize the Mayor and City Clerk to execute all related documents. REQUIRED VOTE FOR APPROVAL: Majority of Quorum. FACTS: • Contract 03-01 provides for the bituminous overlay and access management improvements of the streets in the Town Centre Area. It also provides for the overlay of Crestridge Lane. • The change order provides for the following: o Removal and replacement of concrete curb and gutter. About 100' of B-618 curb and gutter on the north side of the center median on Duckwood Drive, between Pilot Knob Road and Town Centre Drive, was placed at incorrect elevations due to additional milling that was required in this location. Another 30' section along the east side of the new Rainbow Foods entrance impacted drainage patterns due to the new opening location. The curb and gutter had to be placed correctly to ensure proper drainage. This portion of the change order provides for an additional cost of $3,986. The consulting firm of SEH will be contributing funds for this additional work. o Removal of trees, bushes and landscape material for safety purposes, along the south side of Duckwood Drive. The removal of the trees and bushes was requested by the adjacent business .representatives due to sight limitation concerns expressed by customers. Staff and the consultant reviewed the sight distances and found them to be deficient, thus supporting the removal request. This portion of the change order provides for an additional cost of $3,276. o Regrading and sodding the boulevard along the north side of Duckwood Drive. This work was not anticipated under the original contract, but was recognized due to substandard drainage characteristics which were impacting the sidewalk and turf. This portion of the change order provides for an additional cost of $6,279. o Additional advance warning signs were implemented to provide clear, updated construction information to the traveling public. This work was not anticipated under the original contract, but was deemed appropriate for the safety and convenience of the travelers. This portion of the change order provides for an additional cost of $1,610. o Additional concrete sidewalk at the northwest corner of the intersection of Town Centre Drive and Duckwood Drive. The revised concrete work was in response to observed driving habits and supported with the review of practice runs with the City's snow plow truck. While the design met the standard design for a street corner in a commercial area, actual driver characteristics justified providing a safer option for drivers who don't drive according to the design standards. This portion of the change order provides for an additional cost of $2,889. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. The cost of the additional work is consistent with bid prices received for relevant bid items on other projects within the city. • The change order provides for an additional cost of $18,039.91 (1.88% of original contract). The cost of the additional work under the change order will be the responsibility of the City's Street Fund and assessed to the adjacent benefiting properties as outlined in the feasibility report for Project 851. 3S Agenda Information Memo November 18, 2003, Eagan City Council Meeting L. FINAL SUBDVISION (WHISPERING WOODS 13TH ADDITION) -SCOTT HILL ACTIONS TO BE CONSIDERED: To approve a Final Subdivision (Whispering Woods 13`h Addition) to create 8 lots on 3.66 acres on property legally described as Outlot C, Whispering Woods 11`h Addition, located south of Whispering Way and west of Slater Road in the SW '/o of Section 31; subject to the conditions listed in the development contract. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • This development has been completed in phases, platting is included in those phases. • The subject site is Outlot C, Whispering Woods 11`h Addition as platted it will become Whispering Woods 13`h Addition. • Setback variances were approved for Lots 5-7. • 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 Subdivision page Area Map Page ,~ 36 ~.',li; '~'~j~ ':1. !~I ~ii~7 ' ~ I~i'{ ~! 'I~i~' i~ ~i'~i po. ~?I- ,: ;;. '; ~ sT tr ss ~vN3_. :? ` ~ ~ . '; ~,.,, ^~ ~:~I~• 3 ji, ~ „~~ ~. ~~! ;t,. ~~i :.3 og Y s s ~ ^8=.: ~ ~ Y S 5~ £. E ~ S ~` _~ ~YSS bC m s ~ E E _~ ~ s~ - 8,y- S _ Ye_ _ fij _ si ~= E . Y~ ~ S~ -°Y ~^g '- I' ca --~yx of :3 :cs s - 2 ~- °• Sd ~~~ _ =5=_ ~- re z::__ =y 1--~ ~ ~~- x _ - x'_ __ nF el ~=c_e ~~ o eY ~I ~s 5 '_ "•~_:' _: Jai V V,. •. ..1 :':~L_.ICJ:~'i+''. L1 . . •-•- .. n: L7\ L7 l 1O'Sii D S -........ .. 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I lr r' ~ ~_ ~ 0 ..:~ _ 1~@e~ ~ ~ Rx f j ~"-1 \ 4-- ~ ~ ® ®~ ~ r ~ ®" ® e b ®rdt E j ~ i _.z- i 1- ~ ~ tP 3 ~ ~ j ~ ` en..~ ~ ~ ;~ D o ~ °_ ~ m ~ " i~ - ~ ~® ~ +~ ® ® ® - T rp e and e I d g ® Q ~ . ~ ~ o m ~c-'~' ® ~ ~ Jr ~ !1F3 ly ~ ®~,~ ti ~ a / ` ~ :3 r3 ~ ~ ~ ~ ~,~ ~, m ~ ~ .... ~ as o . ~ ~ ® c~ p ' ~ ®~ o..,® ~orr.d` ~ ~ _ 'LV o ~ ~ m ®u ~ ~ ~ ~~ n ~ _ ~ 6 ''1 ~~~~. ~ g G ~ ~p ~ ~ ~ ~ 0 ~ i ~u llW ~ L ~~ rya L, ~ t~;'~,T~ Y ~ ' ~' ~ ~ ~ ~r (1l r~~j~ ^ ~/~~~u"' ~ )G~ f rpr~se~~y~ry~.~~ i © ~,.~~DD" ~q, ~®~~ Y~ ~• - ~ A Sub'ect Site ' 4 Q ~ ' i ~r~ F P ~ fc§ ~ `Y; `~ ~ ~ ~ ~ ~„ r ~ r xe ns ® 4e~ I f~-1-' ~ ~~oRU ~ ~ t ~\` j ., ~ i ~ a ~ ~ ~ ~ E . ..i ?--+-- r -j"" ""7 ( ~ ~'"„~~ ~ of ~ ... ~~ ~ f r ~ F -- ~ i _"~ f T a < ~ F~ ~q ~ A ®ga ® ~ --, ;_, ; -~ r H-H ~ ~~ 4-.k~ ~ 9 w 4 ~ . ~~" +-1_.l~_:1 ~ - p ~r: \/ /h .._ II ! i . ~ _ __ / / i _ ~{ FFF ~ ~ ~ r ~ ' ~~ \ ~ ' ~ ~ - r t \ -.+~ .. - r - _ ~ , J .: ham., _V - ~ --^`_l i i r / ~ I Y/ ~ ~7 ~ ~ t~~\Y~,:,,,1~~ .. -^~ ~'t~, `~ ~ + -~ ~y lr _ 11 'ti ) ~,: ~ ' /\ !~; ~.\ y j/ f ~ // ~~JJ ~))~~~~ " ~ ~ ~ ~ ~ J^ ~ r r /`i I ~ p ,y ,. ~' ~.. \ \./ '~ .,~ 1 If i 1~,~.~"i~-i ~ ~ ~. \ 1'~ ~ / ~ '~ r 1 F- ~ - ~I -}!/~'\ ~ ~ ~ - " "j r- . r- k' ~ ! ~ ~ '~ lj ter , i ~ ~ \ . ~ I ~-(__~ ( _ ~\ ~ ~`, .(~' < . ,yi yi` ~ 1000 0 1000 2000 Feel Development/Developer: Application: Whispering Woods 1 Addition Case No.: Final Subdivision ~~ Map Preparetl using ER cVlew 3.1. Parcel base map data provided by Dakota County Office of GIS and Is current as of Jura 2003. N ' f it THIS MAP IS INTENDED FOR REFERENCE USE ONLY W~ E ~n engt c y o Community Dertlopmenf DepaAment The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are not responsible for errors or omissions. 3 Agenda Information Memo November 18, 2003, Eagan City Council Meeting M. FINAL SUBDVISION AND FINAL PLANNED DEVELOPMENT(WENTWORTH PARK) -JEFF SAWYER ACTIONS TO BE CONSIDERED: To approve a Final Subdivision (Wentworth Park) and Final Planned Development to create 8 lots on 2.82 acres on property and seven town offices legally described as Outlot A, Prairie Oaks, located south of Cliff on Slater Road west of TH 77 in the NW '/4 of Section 31; subject to the conditions listed in the August 19, 2003 City Council minutes. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • The site is currently vacant, significant trees cover the property, and a Type 2 wetland extends north and south along the west property abutting Slater Road. • The seven town offices will be housed in units that have similar appearance as attached town homes. Building materials include brick and fiber cement siding. • The applicant proposes to remove 56.2% of total significant trees; the Tree Preservation Ordinance allowable tree removal is 47.5%. A tree mitigation plan is required. • The Advisory Planning Commission held a public hearing on July 22, 2003, and is recommending approval of the Preliminary Subdivision and the Planned Development Amendment; subject to the conditions in the APC minutes. • The City Council approved the Preliminary Subdivision and Planned Development Amendment on August 19, 2003. • All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. 60 DAY AGENCY ACTION DEADLINE A waiver has been signed ATTACHMENTS (1): Final Subdivision page 3g r r ~~-~~3 O~ • r I~`~ ' ~ ! cL~y ~~ ;; ~' ~ Z y a ~ ;;' m ~ ~•, ~ I , ~ 9L,$ ~~ k' ~ m i i i ~ ~ 0 1 , y r :r- `.~2~•9r 6 `y ' x a"i^ ~ i l i /l 11 ~ ~= g ~ B aa gE~ ~"` ~, f~ r r r I i ~oa° ~J - _~..• ~ ~ ° I ~ i 1, i ~ m d~ •~ ° ' '~ ,-~,~ '~ -. a ~ Fi ~ t/ ~. , ^; i err // a / ~ a a s~ ~~ y a ~ a°° n 4 a s• ' 1 ~ rat ~ , r , / a ' S~f ~ r I ~ R R AI I 7 !r I9'~S6 _~,. / / / a Y P •, ^ • \ (~] / \ /1 ,~ ~ N U I L ~ $ / t` .T. z 6 K U 3 a ^ -~ 9 - au ~ ~ ~ a~;~ '" ~_ a ° W ~0 .Eat 5 g ~ I 3. ~ 5 ° ~ `a; d - i $ a I ` ° I ?° v ° I~ 5 .w i 50 x 5 I I I s~' ~ " r~ ~ 0 8 _ g°="s ~~ o I 6 I '~ ~ .: 5 5 I a ~ ~ I ; ~caa ~ ~ a u ~ 8 ~ ~ I Y I S ~a o § ~ a ~Seg I { ~ - I a $ e? 8$ `s n_a a ~ i5 "0:3° . - <' I I e o am ~ o ,: S ~ I I ~ _ s-5 - ~ ~ ~~ _ ! -. c wi u S 5 ~8 a ag ~ 2 s _.s . eoYi 8 o I 5 o ° 9 §a ° _ Sfi , 8" o ~ OS 5_ag I a ~ as ° °fi ` I ~ I IIR ? 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Iaa 9 oY ~~ °L Ia a~ ~- I u ~ ~ ' ~ ~o ~1a~ °a i~ ~~ 'W } ax 1= ~:~ ~ g ~ ai ~ ) ` ~ ~ l ~ a' ~ ~' ~ E L I - a 3 x : as ~ ~ ~~ :° Xa ? am ~ I:i s` ~ t< 5 i~ d ~:" c- r- -- Agenda Information Memo November 18, 2003 Eagan City Council N. AUTHORIZE ORDINANCE PREPARATION -CITY OF EAGAN ACTION TO BE CONSIDERED: To Authorize staff to work with the Advisory Planning Commission (APC) to prepare an Ordinance Amendment to regulate window signage on commercial and industrial buildings. FACTS: - At their regular meeting of October 28, 2003, the APC discussed the issue of window signage as it relates to aesthetics and health/safety issues for employees, the public and law enforcement relative to the ability to see in and out of buildings housing commercial and industrial operations. - The APC directed staff to approach the City Council with a request to prepare a draft amendment to the Sign Ordinance to address this appearance and visibility issue. ATTACHMENTS (1): October 28, 2003 Draft APC Minutes on page ~. ~f/ V. Other Business City Planner Ridley stated a workshop is not needed at this time; however one could be arranged prior to the regular APC meeting of December 18, 2003, if the need arises. He stated if the Advisory Planning Commission has a topic that they would like to discuss in a workshop, please let him know. Chair Heyl asked how situations such as the window signage discussed earlier in the meeting, or any potential amendment, could be carried forward. City Planner Ridley explained that the Advisory Planning Commission should take an action directing him to bring the request forward to the City Council. Member Gladhill moved, Member Leeder seconded, a motion to direct Staff to approach the City Council about initiating a City Code amendment regarding the coverage of storefront windows by signage, to be handled in a similar manner as exterior signage. Aye: Chair Heyl, Members Bendt, Leeder, Gladhill, and Hansen. Nay: Member Steininger. Motion carried 5-1. VI. ADJOURNMENT Member Steininger moved, and Member Gladhill seconded, a motion to adjourn the Advisory Planning Commission meeting at 7:26 p.m. All voted in favor. Motion carried 6-0. Respectfully Submitted by: Camille Yungerberg Recording Secretary ~~ Agenda Information Memo November 18, 2003 Eagan City Council O. LICENSE AGREEMENT -CITY OF EAGAN ACTION TO BE CONSIDERED: To Approve a License Agreement between the City and Keystone Communities to allow the installation of a marketing facility upon City-owned property (Lot 6, Block 1, Langhoven) located adjacent to the Keystone development site. FACTS: - Site work has begun on the Keystone senior housing project. The developer would like to market the project in a structure in close proximity to the development site. - The City Attorney has drafted license agreement that requires Keystone to maintain comprehensive liability insurance. Keystone is also required to indemnify and hold the City harmless from claims arising out of its use of the property. - The agreement also allows the City to terminate the agreement at any time with ninety days prior written notice. ATTACHMENTS (1): License Agreement, page ~ through ~ ~ . y~ LICENSE AGREEMENT This License Agreement (hereinafter "Agreement") is made this _ day of 2003, by and between the City of Eagan, a Minnesota municipal corporation (hereinafter the "City") and Keystone Communities of Eagan, LLC, a Minnesota limited liability company (hereinafter "Keystone"), (collectively referred to as the "Parties"). WHEREAS, the City is the fee owner of certain property located in the City of Eagan, County of Dakota and legally described as Lot 6, Block 1, Langhoven (the "Property"); and WHEREAS, Keystone has submitted a development proposal to the City for senior housing located on Lot 1, Block 2, Cedar Grove Parkway; and WHEREAS, Keystone has requested that the City grant to it a license for the installation of a temporary marketing facility over and across the Property; and WHEREAS, the City is willing to grant the license to Keystone all upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: LICENSE TO THE PROPERTY. The City hereby grants a license to Keystone for the installation of a temporary marketing facility over and across the Property (hereinafter the "Licensed Property."). 2. PAYMENT of COSTS. Keystone shall be responsible for any and all charges associated with the construction of any facility upon the Licensed Property. Further, Keystone shall be responsible for any and all maintenance associated with any improvement made upon the Licensed Property and for the prompt removal of the facility and restoration of the Licensed Property, to the condition that existed prior to the grant of this License, upon termination of this Agreement. ~v 3. INSURANCE AND INDEMNIFICATION. Keystone shall maintain comprehensive liability insurance in the amount of $1,000,000.00. Keystone shall name the City as an additional insured on the policy and shall provide a copy of said insurance certificate to the City contemporaneously with the execution of this Agreement. Keystone shall indemnify and hold the City harmless from any and all claims arising out of or relating to its use of the Licensed Property. 4. TERMINATION. The City may terminate this Agreement at any time by providing Keystone with ninety (90) days prior written notice. 5. NOTICE. Any notices under this Agreement shall be delivered personally or mailed to the respective parties by registered or certified mail, return receipt requested, at the following respective addresses: If to the City: City of Eagan Attn: Jon Hohenstein, Community Development Director 3830 Pilot Knob Road Eagan, MN 55122 With a copy to: Robert B. Bauer, City Attorney Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147`" Street, Suite 600 Apple Valley, MN 55124 If to Keystone: Keystone Communities of Eagan, LLC Attn: Kristi Olson 5200 Willson Road, Suite 150 Edina, MN 55424 6. COVENANT. This Agreement shall be binding upon and inure to the benefit of the parties, their successors and assigns and shall run with the land. CITY OF EAGAN, a Minnesota municipal corporation By: Pat Geagan Its: Mayor By: Maria Petersen Its: Clerk ~s KEYSTONE COMMUNITIES OF EAGAN, LLC, a Minnesota limited liability company By: STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) Its: The foregoing instrument was acknowledged before me this day of 2003, by Pat Geagan and Maria Petersen, the Mayor and City Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. STATE OF MINNESOTA) )ss. COUNTY OF ) Notary Public The foregoing was acknowledged before me this day of , 2003, by ,the of Keystone Communities of Eagan, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432-3136 (RBB: 206-20268) ~j6 Agenda Information Memo November 18, 2003 Eagan City Council Meeting P. CONTRACT 03-09, INVESTMENT RETAINAGE AGREEMENT (WATER TREATMENT PLANT EXPANSION) ACTION TO BE CONSIDERED: Approve an Investment Retainage Agreement for Contract 03-09 (Water Treatment Plant Expansion) and authorize the Mayor and City Clerk to execute all related documents. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: • Contract 03=09 provides for the expansion and renovation of the City's North Water Treatment Facility located on Coachman Rd. south of Yankee Doodle Rd. • State statute allows public agencies to retain up to 10% of the value of the work performed until the contract has been satisfactorily completed to insure compliance with the approved plans, specifications and contract documents. State Statute also allows contractors to request that the agency place the accumulating retainages into an interest bearing account in favor of the contractor with exclusive access rights to the agency for proper security. • The amount of the contract awarded to Knutson Construction Inc. (KCI) for 03-09 was $14,625,000. KCI has requested the city to establish such an account for this contract. • The agreement between the City, KCI and US Bank has been reviewed by the City Attorney and found to be in order for favorable action by the City Council. vq Agenda Information Memo Nov 18, 2003 Eagan City Council Meeting Item~~ Change Order Number 15, Eagan Community Center and Band Shell ACTION TO BE CONSIDERED: To approve change order number 15 to the Eagan Community Center and Bandshell in the total amount of $ 5,667.00 FACTS: Change order number 15 is being recommended for approval after review by the Architect, Construction Manager and staff and consists of the following items: 1) Architectural Revisions PCO 1067 Structural Steel material OS -Ben's Tool & Iron $4,106.00 Additional material required due to RFIs 68A,107, 114, 149 and PR #4 for the bandshell PCO 1189 Lighting control changes from PR 36 -Peoples $1,671.00 #14 Light control changes in the teen center. This item was previously approved for implementation by council PCO 1190 Deduct for the deletion of the fire 36 -Peoples $110.00 alarm printer. TOTAL these changes $ 5,667.00 Note: As the process for project close out continues, the paper work for previously approved work is "catching up". The CM believes that there are now only two to three items still to close out. ~g Agenda Information Memo November 18, 2003 Eagan City Council Meeting R. APPROVE THE 4-MONTH EXTENSION OF THE ADVISORY COMMISSION MEMBERS' TERMS THAT ARE SCHEDULED TO EXPIRE ON DECEMBER 31, 2003 BY EXTENDING THE TERMS THROUGH APRIL 30, 2004 ACTION TO BE CONSIDERED: To approve the 4-month extension of the advisory commission members' terms that are scheduled to expire on December 31, 2003 by extending the terms to Apri130, 2004. FACTS: ^ The City Council, during discussions at two recent Council workshops, formulated a new advisory commission appointment process to ease both commissioners and the City Council. ^ The Council has chosen to move the appointment date from the second regular meeting in January to the second regular meeting in April. ^ The change to an April appointment date was made in response to feedback received by commission members who stated that it is very difficult to complete the application process during the busy holiday season. ^ Furthermore, by making the appointments four months into the year, newly elected Councilmembers will have the opportunity to learn more about the roles of the advisory commissions. ^ Due to the change in the appointment date, and recognizing the value of the City's advisory commissioners, the Council is taking formal action to extend the advisory commission members' terms that are scheduled to expire on December 31, 2003 by four months, resulting in those terms ending on Apri130, 2004. ^ All Advisory Commission members have been sent correspondence to notify them of the Council's proposed action to extend the terms, and to respectfully request that the commissioners agree to extend their length of service to the City. ~9 Agenda Information Memo November 18, 2003 Eagan City Council S. EXTENSION FOR RECORDING FINAL PLAT (NATURES PRESERVE) - MANLEY LAND DEVELOPMENT, INC. ACTION TO BE CONSIDERED: To approve a 90-day extension of time to record the final plat for Natures Preserve, located south of Yankee Doodle Road and east of Coachman Road in the NW '/4 of Section 16. FACTS: • The City Council initially approved the Final Subdivision on September 16, 2003. The plat is required to be recorded within 60 days of approval, which would be November 15, 2003. • The applicant has requested an extension to allow additional time to record the final plat. The new deadline for recording would be February 13, 2003. • A letter from the applicant is attached. ATTACHMENTS (1): Letter from Manley Land Development, page, SD MJo Land Development, Inc. Z 113 Cliff Drive Eagan, MN 55 I ZZ !!aa Phone 651.454.4933 Fax 651.454.937 I o M vwvw manleybro[hers.com // ~Q ~ ~ v C%?~ a ~ ~; November 10, 2003 ~`~__.,~ Ms. Pam Dudziak City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Natures Preserve Dear Ms. Dudziak: At this time, we need to request an extension on the final plat approval for the Natures Preserve plat. We will not be able to meet the 60-day time limit on filing the plat. Enclosed is a check for $75.00 for this application. Please schedule this request for the next available City Council meeting. Thank you for your assistance. Sincerely, ~~ Kurt Manley President Manley Land Development S`/ Agenda Information Memo November 18, 2003 Eagan City Council T. EXTENSION FOR RECORDING FINAL PLAT (PINEY WOODS) - MANLEY LAND DEVELOPMENT, INC. ACTION TO BE CONSIDERED: To approve a 90-day extension of time to record the final plat for Piney Woods, located south of Cliff Road and east of Dodd Road in the NW '/4 of Section 36. FACTS: The City Council initially approved the Final Subdivision on September 16, 2003. The plat is required to be recorded within 60 days of approval, which would be November 15, 2003. • The applicant has requested an extension to allow additional time to record the final plat. The additional time is necessary to complete a quiet title process to eliminate a gap in the property boundaries. The new deadline for recording would be February 13, 2003. • A letter from the applicant is attached. ATTACHMENTS (1): Letter from Manley Land Development, page sa M„NLEY Land Development, Inc. 21 13 ClifF Drive Eagan, MN 55 122 Phone 651.454.4933 Fax 651.454.937 1 vvww. manleybro[hers.com November 10, 2003 Ms. Pam Dudziak City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Piney Woods Dear Ms. Dudziak: o~~~ ~~ NOV ~. 3 ?G03 U At this time, we need to request an extension on the final plat approval for the Piney Woods plat. We will not be able to meet the 60-day time limit on filing the plat. Enclosed is a check for $75.00 for this application. Please schedule this request for the next available City Council meeting. Thank you for your assistance. Sincerely, '~~ Kurt Manley President Manley Land Development J Agenda Information Memo November 18, 2003 V. PiJBLIC 11EARINGS A. DIRECT PREPARATION OF ORDINANCE AMENDMENT, CHAPTER 5, WINE, BEER AND LIQUOR LICENSING AND REGULATION ACTION TO BE CONSIDERED: To approve as presented or as modified an ordinance amendment to Chapter 5, entitled wine, beer and liquor licensing and regulation regarding liquor license fees. FACTS: • At the October 21, 2003 City Council meeting, the City Attorney's office was directed to prepare an ordinance amendment related to potential increases in liquor license fees. Review of all user fees at the City of Eagan is currently being undertaken to determine if increases are warranted. • Historically, the City has not increased liquor license fees or application and investigation fees for on-sale intoxicating licenses, 3.2 on-sale and off-sale licenses or wine licenses since December 1990. Liquor license fees are intended to cover the costs of issuing, inspecting and other directly related costs of enforcement. • The Association of Metropolitan Municipalities conducted a survey of 2003 municipal license and permit fees. According to the survey results, Eagan ranks amongst the lowest of all metropolitan cities for the fees charged for on-sale intoxicating liquor licenses and application and investigation fees, on-sale wine licenses, and 3.2 percent malt liquor (both on and off sale) licenses. As background, Minnesota Statute 340A.408, subdivision 1 allows municipalities to set the license fees for on-sale and off-sale 3.2 percent malt liquor establishments. Per subdivision 2, cities are also allowed to set license fees for on-sale intoxicating liquor licenses, with the exception of fee limits for bona fide clubs. Additionally, the wine license fee may not exceed one-half of the license fee charged for an on-sale intoxicating liquor license, or $2,000, whichever is less. Subdivision 3, pertaining to off-sale intoxicating liquor licenses, states that the fee may not exceed $200 for cities over 10,000 in population, other than cities of the first class. Sy • The following table shows the median license fees charged in the metropolitan area, Eagan's current fees and the proposed City of Eagan fee increases in 2004. Based upon the survey information, and taking into account increases in personnel costs associated with processing applications, staying current with legislative changes to liquor laws, communicating with establishments plus enforcement activities, an increase to the average appears reasonable. Median Eagan's Fees Proposed Beer off-sale license $90 $75 $100 Beer on-sale license $440 $350 $450 Liquor (on and off sale) application & Investigation* $500 $300 $500 Liquor on-sale license (includes Sunday fee of $200) $7,500 $4,200 $7,500 Wine on-sale license (includes Sunday fee of $100) $2,000 $500 $2,000 *In addition to the initial application and investigation fee for on-sale intoxicating liquor licenses, an escrow has previously been collected for reimbursement of out-of-pocket expenses the City may incur to conduct background checks on individuals involved with the ownership/management of the establishment. A $1,000 escrow is charged for up to five applicants residing in the state and a $2,000 escrow for up to five individuals residing outside Minnesota. An additional fee of $200 is required for each person or entity beyond five having in an interest in the establishment. Due to the proposed increase in the base application and investigation fee to $500, consideration should be given to foregoing the collection of escrow monies for in-state investigations and reducing the amount of out-state escrow to $1,000 vs. $2,000. Also, mid-year changes in shareholders or managers require a background investigation of the new individual. Currently, the City charges between $200 and $350 depending upon the type of establishment. The new fee proposed for this activity is $300 for all establishments. These changes are also incorporated into the proposed ordinance amendment. • A change in fees to the median would generate approximately $75,000 in additional revenue to cover City costs. For a number of years, Eagan has charged well below what other municipalities have charged to administer liquor licensing and perform enforcement activities. By using the median of license fees charged in the metropolitan area, Eagan, in some cases, is still below what other cities of a similar size and proximity to Eagan are charging for annual license fees. Per State Statute 340A.408, all licensees were given a 30 day mailed notice of the proposed fee increase. There were relatively few comments received regarding the proposed increases. Such comments were to have the City Council consider implementing a tiered system of liquor fees based on sales or size of establishment (see copy of letter submitted by Red Robin) or to phase in any increase over a period of time, i.e. two to three years. The City Clerk's office did not receive any comments that suggested an increase wasn't warranted. ss • Examples of tiered systems for on-sale liquor licenses (Apple Valley's current scale and a proposed scale for Eagan, which is based on the same volume of alcohol sales per year as used by Apple Valley) are presented below: Apple Valley Ewan (Current Rate $4,000 for on-sale + $200 for Sunday license = Total Annual License Fee $4,200) Current Rates Eagan Proposed Rates <$275,000 (alcohol sales/year) $4,400 $5,300 (Plus Sunday fee of $200) $275,000 - $550,000 $5,500 $6,300 (Plus Sunday fee of $200) >$550,000 $6,500 $7,300 (Plus Sunday fee of $200) • An example of a tiered system for on-sale wine is $1,000 for seating of 1-99 and $2,000 for seating of 100+. The cities of Blaine and Coon Rapids use this method for calculating wine license fees. If an applicant were to apply for a wine and beer license combination, the on-sale beer fee would be added to the on-sale wine fee. A $100 fee would also be required for Sunday wine sales. • Cities contacted that currently use a tiered system for on-sale liquor sales include Apple Valley and Lakeville. According to both municipalities, administration of such a system, which involves obtaining sales and use tax information from establishments at renewal time, is not unwieldy. The attached ordinance amendment is based on increasing liquor fees to be consistent with the median liquor fees charged by 13 large municipalities in the metro area (comparison attached). If the Council desires to implement a fee increase, they may adopt the proposed ordinance as presented or they may revise the proposed dollar amounts, implement a tiered system based on sales or size of establishment or phase in an increase over a period of time. ATTACHMENTS: • Draft ordinance amendment attached on pagesS~ through • Fees of 13 larger municipalities in the metro area attached on age ~. • Letter from Red Robin attached on pages f'o O through ~. S6 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER FIVE ENTITLED "BEER, WINE AND LIQUOR LICENSING AND REGULATION" BY AMENDING SECTIONS 5.02, 5.31, 5.51 AND 5.70; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 5 is hereby amended by changing Section 5.02, Subd. 3, to read as follows: Subd. 3. Application and investigation fees. At the time of the initial application, an applicant for an on-sale ^r liquor, wine or beer license or off-sale liquor or beer license shall pay to the city the sum of ~A&A9 500.00 as anon-refundable base application and investigation fee. An additional fee of $200.00 for each person or entity beyond five having an interest in the proposed liter licensed establishment shall be required. An escrow of $1,000.00 for applicants residing ~- ~° ~*~*° ~~a Q~ nnn nn ~ .. utside of the state shall be required to reimburse the city for out-of- pocket investigative costs; said and the escrow shall to be released upon payment in full of actual investigation costs. ^ ~ ~ „'~^^~* ~ ~ ~ '-°°~ ^ ° '~^°~~° ~'~~" ~ r *^ *'~° °~~-~ *'~° sum-e~A non-refundable investigation fee of $300.00 shall be paid to the city for all changes in managers. Q~ cn nn ..a ., ..,:,.,,,,~ .~ _ ., ~.,i° . ° ,;,.°~~° ..t,,,it ., ~, +,. *i,° ," No such fee shall be required of an applicant for a temporary li uor or beer license. Section 2. Eagan City Code Chapter 5 is hereby amended by changing Section 5.31, Subdivisions 1 and 2 to read as follows: Sec. 5.31. Beer license fees. Subd. 1. The annual on-sale beer license fee is $3-5999 450.00. Subd. 2. The annual off-sale beer license fee is $~99 100.00. Section 3. Eagan City Code Chapter S is hereby amended by changing Section 5.51, Subd. 1, to read as follows: Subd. 1. The annual on-sale liquor license fee is $4;89998 7,300.00. S7 Section 4. Eagan City Code Chapter 5 is hereby amended by changing Section 5.70, Subd. 2(A), to read as follows: Subd. 2. On-sale wine license fee. A. The annual on-sale wine license fee is $49&A8 1,900.00. Section 5. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 5.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 5. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Petersen Its: City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: By: Pat Geagan Its: Mayor s$ Liquor license fees of 13 large municipalities in the metropolitan area Liquor 3.2 Beer 3.2 Beer License Liquor Wine C~ Population Off-Sale On-Sale Invest Fee On-Sale On-Sale Apple Valley 46,600 85 440 500 6600 1100 Blaine 46,000 75 300 500 5500 1000 Bloomington 85,285 73 858 1500 9600 2000 Brooklyn Park 68,070 50 300 500 7000 800 Burnsville 60,434 100 425 1500 7000 1250 Coon Rapids 61,800 115 525 365 9350 1000 Eden Prairie 55,660 100 500 500 7500 2000 Edina 47,465 530 530 500 8490 2000 Lakeville 44,751 75 300 500 4500 500 Maple Grove 52,350 35 300 300 5500 2000 Minnetonka 51,420 100 650 500 7500 2000 Plymouth 66,675 90 440 500 8000 2000 St. Louis Park 44,576 100 750 1000 7500 2000 Eagan -Current 6,4,300 75 350 300 4200 500 Excluding Eagan: Mean/Average 56,237 118 Median 52,350 90 Eagan -Proposed 100 486 667 7,234 1,512 440 500 7,500 2,000 450 500 7500 2000 59 ,_ Minnesota Robins, Inc. October 20, 2003 3109 Commercial Avenue Madison, WI 5398 608-244-4678 608-244-4702 Fax Maria Peterson City Clerk/Administrative Services Coordinator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Re: Red Robin Liquor License Dear Maria: I ani writing in regards to the letter you sent to me dated October 16, 2003 regarding the liquor license increase. I am writing due to the fact that I will be unable to attend the meeting on November 18, 2003 and would hope you would share my concerns with the member of the City Council. I wanted to raise a concern held by us as well as I am sure several other restaurants that sell a small amount of liquor as part of their operation. Red Robin of Eagan had $53,988 from September 2002 through August 2003. This is a very small amount of our total restaurant sales, however, we offer it as a convienance to our guests. We make very little if any money on the sale of liquor and will probably lose money with the price increase in the liquor licenses. This price increase will force us to re-evaluate if it is economically feasible to continue with a full bar. One solution may be a system used by several communities in the Twin Cities area including Apnle V:~ll.y. Thee ha.se tlx: it liquor lic~n.s~ fee oil the ii~iuor sales of the restaurant. I have enclosed a'copy of their fee schedule for your review. This would allow restaurants like ours to continue to offer a full bar to our guests and still allow the City to collect more fees for restaurants and bars that generate a larger amount of sales from liquor. We will be renewing our liquor license for 2004, but will have to consider the economic feasibility of future renewals if the fees increase by the significant amount stated in the letter dated October 16, 2003. Please share my concern with the members of the City Council and feel free to contact me with comments or concerns. Sincerely, z Timot_ ^ 1 y"W. God ' n Area Developer ~D redrobin.com DOCUMENTS P.EQUIRED =0R ALCOHOLIC BEVERAuE LICENSES ON- & OFF-SALE 3.2% MALT LIQUOR OR BEEF. LICENSEi=S ' By October 1st; complete and return City and State renewal application and license fee. Before December 15th, file two (2) copies of a certificate showing you have minimum insurance coverage as required by Apple Valley City Code and the State of Minnesota; OP, attach two (2) copies of an affidavit stating you are exempt from the insurance req! iremerts. - ON-SALE WINE LICENSEES: '` By October 1st, complete and return City and State renewal applications and City license fee. By Octaber 1st, file a statement, ~~~ade by a certifed public accountant, that shows total gross sales and total food sales for the preceding 12-month period September 1st through August 31st. Before December 15th, file a $5,000 corporate surety bond (or cash). Before December 15th, file two (2) copies of a certificate showing you have minimum insurance coverage as required by Apple Valley City Code and the State of Minnesota; OR attach two (2) copies of an affidavit stating you are exempt from the insurance requirements. t ON-SALE LIQUOR LICENSEES: * 8y October 1st, complete and return City and State renewal applications. One-half of the annual fee is due October 1st and the second half is due by December 15th. Your license fee is based on the amount of liquor sales from sales tax forr~„tr- follows: under $275,000 - ` $4,4 $275,001 to $550,000 - 5,50 .00 over $550,000 - $6,600.00 By October 1st, provide copies, verified by a certified public accountant, of your Minnesota Sales and Use Tax Returns for the preceding 12-month period September 1st through August 31st. * By October 1st, file a statement, made by a certified public accountant, that shows total gross sales and total food sales for the preceding 12-month period September 1st through August 31st. * Before December 15th, file a $5,000 corporate surety bond (or cash). * Before December 15th, file two (2) copies of a certificate showing you have minimum insurance coverage as required by Apple Valley City Code and the State of Minnesota. ON-SALE CL UB L lCENSEES: ° By October 1st, complete and return City and State renewal applications and City license fee. License fee is based on the number of members of the club as follows: under 200 members $ 300.00 201 to 500 members 500.00 501 to 1,000 members 650.00 1,001 to 2,000 members 800.00 2,001 to 4,000 members 1,000.00 4,001 to 6,000 members 2,000.00 over 6,000 members 3,000.00 * By October 1st, file a statement, made by a certified public accountant, that shows total gross sales and total food sales for the preceding 12-month period September 1st through August 31st. * Before December 15th, file a $3;000 corporate surety bond (or cashl. * Befare December 15th, file two (2) copies of a certificate showing you have minimum insurance coverage as required by Apple Valley City Code and the State of Minnesota. ************** Licensees who hold both an on-sale wine license and an on-sale 3.2% malt Liquor license and whose gross receipts are at least 60% attributable to the sale of food may sell strong beer without an additional license. In order to sell strong beer, the licensee must provide a certificate of insurance and cannot use the option of providing an ai~idavit. 6/ Agenda Information Memo November 18, 2003 Eagan City Council Meeting B. VARIANCE -JAMES COOPER -1835 DIFFLEY ROAD ACTION TO BE CONSIDERED: To approve a 10' Variance from the required 10' setback for the construction of a monument sign on property located at 1835 Diffley Road (Lots 6 & 7, Block 1, Blackhawk Plaza) in the SE %4 of Section 20. FACTS: • The applicant would like to construct a 7' tall monument sign facing Diffley Road with a zero setback • The base for the sign has already been constructed in the former location of the Diffley Square pylon sign • The applicant has indicated that when the Diffley Square pylon was removed, the contractor used the same location to place the base for the new monument sign, rather than setting it back 10' as indicated by the site plan ATTACHMENTS (1) Staff report, pages ~ through 2~ 6a PLANNING REPORT CITY OF EAGAN REPORT DATE: November 4, 2003 APPLICANT: James Cooper PROPERTY OWNER: James Cooper REQUEST: Sign Variance CASE: 20-VA-22-10-03 HEARING DATE: November 18, 2003 APPLICATION DATE: October 24, 2003 PREPARED BY: Mary Granley LOCATION: 1835 Diffley Road COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: NB, Neighborhood Business SUMMARY OF REQUEST James Cooper, owner of Jim Cooper's Tire and Auto Service, d.b.a. Jim Cooper's Goodyear, is requesting approval of a 10 foot Variance from the required 10 foot setback for the construction of a monument sign on property located at 1835 Diffley Road (Lots 6 & 7, Block 1, Blackhawk Plaza) in the SE '/a of Section 20. 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. ~~ Planning Report -Jim Cooper's Tire & Auto Service October 29, 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. 28.C states that "no business sign shall be located nearer than ten feet from any property or dividing line". BACKGROUND/HISTORY The subject site was platted in 1986 as part of a nine lot commercial development. A Conditional Use Permit for a bank with adrive-through was approved for Lot 7 in conjunction with the plat. Jim Cooper's Tire and Auto Service chose to relocate to this site from a former location in the Cedar Grove redevelopment area. A Conditional Use Permit to allow the auto service station was approved in 2002. As construction on the building began, a 27' "Diffley Square" pylon was removed from the site. EXISTING CONDITIONS Construction of atwo-story, 9,708 s.f. tire and auto service facility is currently being completed on the west side of the 1.3 acre property. A 44-stall parking lot has been constructed on the east side of the property. The landscaping is mostly complete, with a berm visually separating the parking lot area from Diffley Road. (Landscaping has also been installed within the countyright- of-way.) A brick monument sign base was constructed on the berm at the former location of the "Diffley Square" pylon. The building faces Diffley Road to the south, Diffley Square Shopping Center to the north, the Eagan Town Cemetery to the west and Tom Thumb Convenience Store to the east. A 32 s.f. temporary sign advertising the future home of Jim Cooper's Tire and Auto Service is placed at the southwest corner of the lot. 6v Planning Report -Jim Cooper's Tire & Auto Service October 29, 2003 Page 3 of 4 EVALUATION OF REQUEST City Code states that no business sign shall be located nearer than 10' from any property line. The applicant proposes a zero setback from the south property line that abuts the county right-of- way. There are no drainage or utility easements in this area. The "Diffley Square" pylon was removed, and is planned for replacement approximately 95' east of its prior location. The existing sign easement was to be vacated by the owner of Lot 1 Block 1 Blackhawk Plaza in favor of Lot 6 Block 1 Blackhawk Plaza for placement of the Jim Cooper monument sign. The monument base is located within the sign easement area. The monument sign base was installed prior to obtaining the required sign permit. According to the applicant, the monument base was placed in the former location of the Diffley Square pylon sign, after the pylon was removed. File documentation and permits show the Diffley Square pylon sign permit was approved subject to meeting the required 10' setback. The applicant has indicated that when the pylon was removed, the contractor used the same location to place the base for the new monument sign, rather than setting it back 10' as indicated by the site plan. There are no county setback requirements from countyrights-of--way for signage. The ,; completed T monument ~~-~ -- - base sits - - within a `-' ' sloped landscaped °~ ~~~ area ofthe screening berm. ,_ ~ ~ ~ ~ ~T T PE~fAL ON TIRES I._, IN'rHEMONTH ~~ j` _O~OCTOBER The base height varies with the grade from approximately 2' to 4'. The sign plan indicates the proposed sign would have a 3' base and a 4' face, for an overall sign height measurement of 7', consistent with code requirements. APPLICANT'S ESTIMATE OF HARDSHIP According to the applicant, the hardship for the requested Variance is based on the following factors: 1. If placed at the required 10' setback, the monument would be approximately 2.5' from the parking lot curb face, and visibility from Diffley Road would be significantly reduced due to the slope of the berm and the interference of the building's location. 2. The completed base location resulted from an error on the part of the masonry contractor, who mistakenly thought the new monument sign would be located in the location of the old pylon sign. 6S Planning Report -Jim Cooper's Tire & Auto Service October 29, 2003 Page 4 of 4 SUMMARY/CONCLUSION James Cooper is requesting a 10' Variance from the required 10' setback for the construction of a monument sign. 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 reducing the sign setback from 10' to zero for a monument sign located at 1835 Diffley Road in the SE 1/4 of Section 20. If approved, the following conditions of approval shall apply: If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The monument face height will need to be decreased from the proposed 4' to 3' so as not to exceed the allowed monument height of 7'. 3. Sign Permits must be obtained prior to any sign installation. 4. All temporary signage must be removed prior to any sign installation. 66 Location Map ~ ~ ~ , 7 ,/ ~ ' r~ -7 ~ ..l 1 1 ~ ~ ~ _ ~ !' - :o ~.~ e ~ ~~ 'I3 7 ~~: ~_~ ~ :: ~~ ~ ~ , ~ ~ ~V •,• ~~ -~~ - ~" ~I r 3 ~J 2~~ y ~ ~ rJ a'+~J' ~,_=J a m. a ~•• , ~... 3 :~ ~ / • ~7 Subject Site / ~~~ 7 ~~ a+ ~ t v :~~ ~~ ' ~' ~ 3 .. ~ =: 4 ~. 3 Wt _ .~ ~' ~ .f ~~~ ....~ya+a. :..+...{ 4 ~~""_ ~ ~ mQ'm -5 ~~~~ ®®® 1, ®® ® r ~i ~~ 1000 0 1000 2000 Feet Development/Developer: Jim Cooper's Goodyear Application: Variance ~~ Case No.: 20-VA-22-10-03 Map PnpatW using ERSI ArcView 7.1. 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L' ~ ~ ~ J ~~ t.? r _ J. o -~ - i s ~~~8: ~~ s=~~~ ~;~~ ~ /off ~;~ mWa ~=I; s ~ ~ 'v ~ jf gsg' ~~ Irt:t ~ ~ s~~ z ~~~ti €I!l E a ~ ~ ~ N ~s~o ~~ ~~ a ~~ ~ ~3 ~~ ~~ ~ ~ ~ ~ ~~ ~ n g B 0 - M R E kFkk k N 4~ 2 9 ,~ V y f K p F a ~_ ° ~ !9 ,Ti ~ R ~ Y ~ o z 3.. ~~~~~~~~~~~~~~~~~ V !~,, w w ,~c~_ __ _ _ oo'~u M.ar,ei.oos _ ~F- -x°' _-_--` -g=nu ~~~~~ ~_ LL.__ r --~- --- -~__. ~~ ~~ i ~ ~~ ~ ~ oz I ~ i ~ i ~ ~~ 4 bs i i , ~ O 'w I~ ~~ I~ to 1 '~ N~ ~~ r i ~~ U ~~Y~ i ~ ~ ~~ q ~~F~~ ~ ~ ~ 44F~d ~ , }RR~Fj w , e ~}~ 3 6'qq~ L6'88 3, 8f,61,00N -T ..; ~-~ _ ~~~ / ~_. •. ~ , ~Y~ " / i 12'-0" 69 Q ~D TIRE O SERtlICE 3999 Cedanra/e Drive ,Eagan, MN 55122 October 24, 2003 To The City of Eagan: I would Like to get a sign variance to move my monument sign to the edge of my lot line so it can be seen better. The base from the old sign was still in the ground so the contractor thought that was where it was to go and built the base for the monument sign there which works well since the building was moved forward. At the placement of 10 feet back from the property line it would be down by the parking lot curb and would not be seen as the building would shield it from the west and the parking lot is at a lower elevation than where the base is now so it would be hard to see from Diffiey. With the edge of the monument sign on the lot line, it fits nicely with the rest of the building. Thank you, Jim Cooper Agenda Information Memo November 18, 2003, Eagan City Council Meeting VI. OLD BUSINESS A. GARAGE VARIANCES AT 1745 SARTELL AVE -TODD WAGNER ACTIONS TO BE CONSIDERED: To approve (OR deny) a Variance to allow the proposed attached accessory structure exceed the size of the house by 280 square feet, located at 1745 Sartell Ave; subject to the conditions suggested in the staff report. To approve (OR deny) a Variance to allow the proposed garage walls to exceed 10 feet in height, located at 1745 Sartell Ave; subject to the conditions suggested in the staff report. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • A Public Hearing was held at the November 6, 2003 City Council meeting, the item was continued until November 18, 2003, the applicant was directed to work with staff to fmd a solution. • The applicant met with staff on Friday November 7`h to discuss alternative options for the garage addition. • Staff made several suggestions to work out a compromise and elevate the intrusiveness of the addition; such as modifying the length of the addition, adding windows to the front of the garage or changing the pitch to match the house, adding living space to the house, lowering the floor of the garage. • The applicant proposes to install a hipped roof to match the house, add three rectangular windows on the east side to match his neighbors, add landscape shrubs on the east side, install a raised panel door to match the existing garage door, add brick to the front in continuation of the existing exterior and to put an outside light on the addition matching the existing garage. • Notice was sent to the neighbors that attended the City Council meeting regarding Mr. Wagner's proposal. ISSUES The applicant has declined to reduce the depth of the proposed structure. The requested variances have stayed the same. Variance to allow the garage to exceed the size of the house and the side walls of the garage to exceed 10 feet. 60 DAY AGENCY ACTION DEADLINE • December 15, 2003 ~i ATTACHMENTS (2):. 3 Letter from Applicant on Page Letter from neighbor on Page ~a t•aOV-13-03 03:55 AM \l ~ ,,. ~ ; ~ i ' ; ~ i A~, ~r the Cit council n' etit ~ o~~ November 6 20 ~ 3 1 a~~c considers ~ Y ~ ~ ~ to Changi:rig'tt~e appearance of the outside of any garage a dition. T.is[ed beloti iterps that, I ,gyp waling to do to, liavc my garage look rnocc~ I~cc a home from t • 1. ~I w 11 p ~ t a top roof On the garage to match my existing Borne. 2. ~ ~ a d 3 rectangular windows on the Fast si a to mach my neig 3, :(w Ll a d landscape herbs on the East side as ~ buffer. ~ 4. ~ w II use a rased pa~iel garage door to match tt~e ex-stu~s garage d~ S. ~ ,w II ac~d brick on the front of the garage to r tch the ex~sttng gars 6. l w ll Qt~t air ~~utside ~ight on the garage to mate the Lights on [he e g~r gr. ~ , i ~ I I ' f I f I '.. .! ~~ ~ " ;~ t t I I ' 11I 1 I f i I ~ 1 I I ~ I t~ 1 ' ' ~f '~ ~, :~ I i i j I • ~ ~ ~ , ~~1 I I I ~ ~ ~ I ' ~ ~ I . I , i 3 ~ I ' ~ I I l ~ 1 ' I I ~ ~ I i I I ' ~ I ~ ,, • ~ ~ , I I ; ~3 ~~ ~~ f i I f ~ .. i ~, t R1 :I ~~ ,, ~' }~ r +. i ~I • ~' F ~: i; ~ ,. t ~',. ~. i F {~ ~ t` I S . 1 t i± Mike Ridley From: Mira McGarvey Sent: Thursday, November 13, 2003 8:30 AM To: 'Brian Wester' Subject: RE: Variance for Sartell avenue property Your letter has been forwarded to the City Council. -----Original Message----- From: Brian Wester [mailto:bwester@financeamerica.com] Sent: Wednesday, November 12, 2003 10:45 PM To: City Council Subject: Variance for Sartell avenue property Dear Mayor and City Council, My name is Brian Wester. I live at 3974 Riverton Ave, located about one block from the property involved in this variance request. I saw the council meeting on television on Monday discussing this issue. I also agree that the variance should NOT be issued to allow this structure to be built. There is no future protection that if this house was ever sold that this space could become commercially influenced. A person who works on cars for instance could be attracted to this size of GARAGE more than the living space. The homeowner directly to the east of this property will suffer a decline in his /her property value if this is allowed to be built.There is no doubt this structure would diminish the_overall quality of their lot. The structure is simply too large and will create a obsolescence for the immediate neighbors properly. The city of Eagan has made an error in allowing the plans and specs to be approved and construction to begin.The city has 0&E insurance that covers these types of mistakes.I would recommend the city to research a financial settlement with the homeowner to finalize the issue. Sincerely, Brian Wester niL/ / T Agenda Information Memo November 18, 2003 Eagan City Council B. VARIANCE - DUANE OLSON ACTION TO BE CONSIDERED: To Approve (Or deny) the Findings of Fact for Denial of a request fora 2.5 foot Variance from the required maximum height of 42 inches to construct a 6-foot fence in a front yard on property located at 1250 Cliff Road in the NE`/4 of Section 34. To Approve a request fora 2.5 foot Variance from the required maximum height of 42 inches to construct a 6-foot fence in a front yard on property located at 1250 Cliff Road in the NE'/4 of Section 34. REQUIRED VOTE FOR APPROVAL: Majority of quorum. FACTS: • On November 6, 2003, the Council approved reconsideration of the denial and scheduled the item for the November 18, 2003 Council agenda. • This Variance request was before the Council for public hearing on January 21, 2003, and the Council directed Findings of Denial to be prepared. • On February 4, 2003, the applicant requested that the Council reconsider the denial of the Variance. The Council declined to reconsider at that time, and adopted the Findings of Denial. • Also on February 4, 2003, the Council further directed the applicant to consider a shorter fence and to request reconsideration by the Council after the neighboring properties had installed their fences. • The neighbors have completed installation of their fences. The fence is a solid wood privacy fence. The fence is proposed to match the neighbors' fences, and it is six feet in height, one-half foot less than the original proposal. • The applicant's proposed fence is a six-foot boundary line fence along the northern edge of the property adjacent to Cliff Road, and along the sides of the property between the house and Cliff Road. • This lot is uniquely situated in that it is the only lot in this area with a front yard on Cliff Road. Neighboring properties with side yards abutting Cliff Road are permitted asix-foot fence. • The applicant requests the variance to mitigate negative effects on the property resulting from the Cliff Road reconstruction (restore privacy, block headlight glare into the property). 60-DAY STATUS: Deadline is December 22, 2003 ATTACHMENTS (3): City Council minutes from February 4, 2003, page City Council minutes fro J nuary 21, 200 ,page Variance Report, pages through ~s Eagan City Council Meeting Minutes February 4, 2003 Page 3 Councilember Carlson moved, Councilmember Tilley seconded a motion to open the public hearing. Aye: 5 Nay:O Duane Olson, 1250 Cliff Road, expressed his opposition to the proposed assessment. There was no further public comment. Councilmember Fields moved, Councilmember Carlson seconded a motion to close the public hearing. Aye: S Nay: O Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 680 (Cliff Road -Street and Utility Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Maguire seconded a motion to give PID #Ol 1-02 (Olson property) an option to have all but 85 feet of frontage assessment deferred with interest until development or sale of the property. Aye: 5 Nay: 0 OLD BUSINESS REQUEST FOR RECONSIDERATION OF VARIANCE - DUANE OLSON City Administrator Hedges introduced this item regarding a request by Duane Olson for reconsideration of a variance request to construct a 6.5 foot fence in a front yard on property located at 1250 Cliff Road. This issue was originally considered at the January 21, 2003 Council meeting. City Attorney Dougherty recommended that consideration of the Findings of Fact for Denial be acted on prior to reconsideration of the variance. Councilmember Carlson moved, Councilmember Fields seconded a motion to confirm the Findings of Fact. 03-03 Conclusions and Resolution of Denial of the Variance request of Duane Olson fora 6.5 foot fence in a front yard on property located at 1250 Cliff Road in the NE'/< of Section 34. Aye: 5 Nay: 0 Paulette Olson, Scott Johnson, Sherry Norton ,and James Shu, neighbors of Mr. Olson, were present and spoke in favor of the variance to allow Mr. Olson to construct a fence in his front yard. Mr. Olson addressed the Council, discussing the need for a fence in his front yard. He stated the noise level has increased due to increased traffic on Cliff Road and with the removal of vegetation, car lights shine into house. Council, staff, Mr. Olson and neighboring property owners discussed Mr. Olson's proposed fencing and the fencing that is planned for the neighboring properties that would not require a variance. Council recommended that after installation of the neighboring fences, Mr. Olson consider a shorter fence that would be more compatible and request, at that time, reconsideration of the variance. NEW BUSINESS DEVELOPMENT AGREEMENT -KEYSTONE COMMUNITIES OF EAGAN LLC City Administrator Hedges discussed this item regarding a development agreement, including the sale of public land, with Keystone Communities of Eagan LLC for 126 units of senior housing. Councilmember Tilley moved, Councilnember Carlson seconded a motion to approve the development agreement, including the sale of public land, with Keystone Communities of Eagan LLC for 126 units of senior housing in the Cedar Grove Tax Increment Finance Redevelopment District No. 1. Aye: 5 Nay: 0 Doris Dahline read a list of concerns and questions, which included the following: • Height of the proposed building ~6 Eagan City Council Meeting Minutes January 21, 2003 Page 3 VARIANCE - DUANE OLSON City Administrator Hedges introduced this item regarding a request for athree-foot variance from the required maximum of 42 inches to construct a 6.5 foot fence in a front yard on property located at 1250 Cliff Road. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councihnember Fields seconded a motion to open the public hearing. Aye: 5 Nay: 0 Duane Olson, applicant, discussed his request for a variance to construct a fence to reduce noise and visual intrusion from traffic on Cliff Road. There was no further public comment. Councilmember Maguire moved, Councilmember Tilley seconded a motion to close the public hearing. Aye: 5 Nay: 0 Mayor Geagan and Councilmembers discussed the installation of vegetation for screening rather than a fence. Pubic Works Director Colbert explained that Dakota County had compensated the property owner for existing vegetation that had been removed during the reconstruction of Cliff Road as part of the easement acquisition. Councihnember Carlson moved, Councihnember Fields seconded a motion to direct the City Attorney to prepare findings of fact to deny athree-foot Variance from the required maximum of 42 inches to construct a 6.5 foot fence in a front yard on property located at 1250 Cliff Road in the NE '/< of Section 34 subject to the following conditions: Aye: 3 Nay: 2 Maguire and Tilley opposed CITY ORGANIZATIONAL BUSINESS ADVISORY COMMISSION APPOINTMENTS City Administrator Hedges discussed the interview process that had taken place on January 14, 2003 and then explained the ballot matrix that would be used to vote on members for each commission. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the procedure for appointing advisory commission appointments. Aye: 5 Nay: 0 Councilmembers were provided with ballots. The results were as follows: Advisorv Plannine Commission (APCI Ron Miller - 3 year term Carla Heyl - 3 year term Gary Hansen - 3 year term Ted Gladhill - 1 year term Paul Leeder - 1 year alternate term Advisorv Park and Recreation Commission (APrCI Terry Davis - 3 year term Phil Belfiori - 3 year term Dorothy Peterson - 3 year term Ken West - 1 year altemate term 7~ PLANNING REPORT CITY OF EAGAN REPORT DATE: January 13, 2002 APPLICANT: Duane Olson PROPERTY OWNER: Duane Olson REQUEST: Variance LOCATION: 1250 Cliff Road COMPREHENSIVE PLAN: LD, Low Density ZONING: R-1, Single-Family Residential SUMMARY OF REQUEST CASE: 34-VA-36-12-02 HEARING DATE: January 21, 2003 APPLICATION DATE: December 12, 2002 PREPARED BY: Pamela Dudziak Duane Olson is requesting a 2.5-foot Variance from the required maximum of 42 inches to construct a 6.5-foot fence in a front yard on property located at 1250 Cliff Road in the NE'/4 of Section 34. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards only i£ 1. The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. ~a Planning Report -Duane Olson January 21, 2003 Page 2 CODE REQUIREMENTS The City Code limits the height offences in residential districts to a maximum of six feet in side and rear yards, and 42 inches in front yards. The front yard includes that area between the front lot line and the front building line. Fence height is measured from grade to the highest point of the fence. BACKGROUND/HISTORY The house on this property was constructed in 1952. In the summer of 2001, Dakota County reconstructed Cliff Road in this location, widening the roadway, eliminating the drainage ditch and installing storm sewer and a trail. EXISTING CONDITIONS The property is located south of Cliff Road. There is an existing house and two detached accessory buildings (a garage and shop). The existing house is set back approximately 120 feet from the Cliff Road right-of--way. There is an existing row of mature evergreen trees on the northern edge of the property along Cliff Road. EVALUATION OF REQUEST The proposed fence is a solid cedar privacy fence, with a scalloped design and decorative post top finials. The fence is proposed as a boundary line fence along the northern edge of the property adjacent to Cliff Road, and along the sides of the property between the house and Cliff Road. In the process of the Cliff Road upgrade, existing vegetation was removed along the Olson's property, and lower branches of their evergreen trees were trimmed to provide safe clearance above the new trail. The City Code allows fences up to six feet in height in side and rear yards in residential zoning districts. The solid part of the fence is proposed to be six feet in height, however, the decorative finials add several inches to the fence height since height is measured to the highest point of the fence. Therefore the Variance request is for more than six feet in order to accommodate the height added by the decorative finials. This parcel contains the original house that was located on 40 acres which was subdivided and developed around this lot in the 1980s. As a result, this property is uniquely situated in that it is the only lot fronting on Cliff Road in this area. The other parcels have either side or rear yards along Cliff Road, and therefore, adjoining lots would not require a Variance to construct asix- foot fence along Cliff Road. '79 Planning Report -Duane Olson January 21, 2003 Paee 3 APPLICANT'S ESTIMATE OF HARDSHIP The applicant states that the fence is needed to reduce noise and visual intrusion from traffic on Cliff Road. Also, with the removal of plants and trimming of the evergreen trees that occurred as part of the Cliff Road project, vehicle headlights from the Oak Chase Road intersection with Cliff Road now shine into the property and into the north-facing windows of the house. The proposed fence will help to block this headlight glare. SUMMARY/CONCLUSION The applicant is proposing to construct a 6.5-foot privacy fence in a front yard at 1250 Cliff Road. The fence panels are proposed to be six feet in height with decorative post-top finials. A Variance is necessary to construct a fence exceeding 42 inches in height between the house and the public right-of--way. This lot is uniquely situated in that it is the only lot in this area oriented with its front yard on Cliff Road. The Cliff Road upgrade in 2001 resulted in the widening of Cliff Road, the installation of a trail adjacent to this property, and the removal of vegetation and trimming of trees that had previously served as a buffer between the property and the roadway. The fence is requested to help block noise and headlight glare the owner now experiences as a result of the Cliff Road upgrade. ACTION TO BE CONSIDERED To approve athree-foot Variance from the required maximum fence height of 42 inches to construct a 6.5-foot high fence in a front yard on property located at 1250 Cliff Road in the NE'/4 of Section 34. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The fence shall be constructed of cedar in a design consistent with that proposed by the applicant. The fence shall be maintained in a condition of reasonable repair and shall not be allowed to become a public or private nuisance. 4. The finished side of the fence shall face away from the fence owner's lot. 5. The fence panels shall not exceed six feet in height. 80 i ,~ v 1000 0 1000 2000 Feet Development/Developer: Duane Olson Application: Variance ~/ Case No.: 26-VA-35-12-0 Map Pnpand ualnq ERSi AreVl.w ].1. Puc.l Gaa map dad provid.d N by Dakota Count' Land Survey papallnrM and is eumnt as o! SapumWr TOOT. w E City of Eagan TNIS MAP IS INTENDED FOR REFERENCE USE ONLY M ~ N N E S O f A Thy City of Eagan and Dakota County do eot yuanntaw the accuracy of thls Information and arm S . _ ----- ._ .__ -...,~..,..,...~.-t..... ~ O Eagan Boundary Location M a ~ St...t CantoAlna Parcel Ana p Building PootPr,~t ~. ~a 0 ICI i' i' I A 1~ G ' R r_ ~~ SITE PLAN ~3 PROPOSED FENCE C,~ PHOTOS ,_ .~~ f '.~~ R~ .i + .! , ~•. '~ 'f' • From: Duane A Olson 1250 Cliff Road Eagan, MN. 55123 (651)454-0400 To:Eagan City Council 1fiE: Request to reconsider fencing variance at 1250 Cliff Road I respectfully request that you reconsider my application for a variance and would appreciate the opportunity to show you why on site. I had looked into re-planting . Due to the acidic soil from the pine trees and the limited sunlight on the north side of them it would be difficult for anything to grow. The bike path also poses a problem as it comes within a few feet of my properly. The variance being requested is for 6' panels; the additional height is for a decorative top to the post trying to improve the appearance of the fence. I do not believe that a 42'' fence will be sufficient in height to block the headlights of vehicles leaving Oak Chase Road as they are ctimbing an incline as they approach Cliff Road. The noise from the road has greatly increased since the improvements. I did not bother putting screens on my windows last year because the noise is too loud to have the windows open. The noise is also a constant companion with the windows closed. I wish to thank those who took the time to view the property before the public hearing and would like all of you to have a chance to listen to the noise level from the traffic. I believe this would help to lend further understanding to my request. I can be reached at (651) 454-0400 from 5:30 P.M.-10:30 P.M. or you can leave a message and I will get back to you as soon as I can. ' Sincerely, Duane A Olson G . O.-~~ K ~~~~ -~' `'''`I ? ~ %002 ~s Agenda Information Memo November 18, 2003, Eagan City Council C. PLANNED DEVELOPMENT AMENDMENT - MWP INVESTORS, INC. ACTION TO BE CONSIDERED: To approve (OR to deny) a Planned Development Amendment to allow a currency exchange facility at 1970 Rahncliff Road,' legally described as, in the NW '/4 of Section 32, subject to the conditions listed in the October 28, 2003, APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes. FACTS: - This item was before the Council on November 6, 2003 and the Council continued the item and requested Planning staff to work with Eagan PD to determine a reasonable restriction on window signage. - From information gathered by Eagan PD, a restriction of window signage to no more than 50% of any window appears to be the rule of thumb. - In December 2002, the Council directed preparation of currency exchange operations ordinance. The ordinance was adopted and became effective in July 2003. - The property is zoned PD, Planned Development, and is guided RC, Retail Commercial. - The applicant indicates that the proposed business will provide check-cashing services, money transfers, money orders and bill payment services. - The proposal satisfies the locational standards of the ordinance. Operational standards will be made part of the PD Amendment Agreement. - The Advisory Planning Commission held a public hearing on October 28, 2003, and the motion to recommend approval failed on a split vote of 3-3. ISSUES: - APC members who opposed the motion to recommend approval stated the opposition was because of the added condition regarding window signage restrictions. 60-DAY STATUS: Deadline is November 30, 2003. ATTACHMENTS (2): October 28, 2003, Draft APC Minutes, pages through Staff report, pages through 86 City of Eagan Advisory Planning Commission Meeting Minutes October 28, 2003 Page 2 A. PLANNED DEVELOPMENT AMENDMENT - MWP INVESTORS. INC. A Planned Development Amendment to allow a currency exchange service on Lot 2, Block 3, Rahncliff 2"d Addition, located at 1070 Rahncliff Road, Suite 100 in the NW '/< of Section 32. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated October 21, 2003. She noted the background and history. Planner Dudziak also noted an additional condition regarding the building signage. Applicant Tony Cruz explained the check cashing business and those customers which it serves. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Chair Heyl stated the conditions of the ordinance have been met by the proposal. Member Gladhill asked if there are other locations of this check cashing business under the same ownership. He asked if the business would be issuing loans or payroll advances. Mr. Cruz stated the owners have another location in Burnsville and they would not be lending any money. Member Gladhill commented on the need to restrict the amount of window signage. Member Gladhill moved, Member Leeder seconded a motion to recommend approval of a Planned Development Amendment to allow a currency exchange service on Lot 2, Block 3, Rahncliff 2"d Addition, located at 1070 Rahncliff Road, Suite 100 in the NW '/4 of Section 32 subject to the following conditions, as amended: An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. 2. The operation of the currency exchange business shall comply and be operated in accordance with all state laws and regulations relating to the operation of currency exchange businesses. 3. The currency exchange business shall be operated in accordance with the zoning regulations of this Code and the Planned Development Amendment Agreement. 87 City of Eagan Advisory Planning Commission Meeting Minutes October 28, 2003 Page 3 4. The currency exchange business shall not be located closer than 200 feet to any existing currency exchange business, secondhand goods store or pawnshop, day care facility, on or off-sale liquor establishment, park or public facility or residential property, including R-4 (Residential Multiple District} properties. The distance shall be measured from any point of the exterior area of the structure in which the currency exchange business is located and the closest point on the property line of the other use. 5. The currency exchange business shall comply with all provisions of this Code and other applicable state laws. 6. No bars, chains, or other security devices on the structure in which the currency exchange business is located shall be visible from a public street or sidewalk. 7. The currency exchange business shall not engage in any services in which money or funds are tended, borrowed or pledged to or by a customer. 8. The premises shall be open for inspection by the City and the City shall have the right to inspect the premises. 9. The currency exchange business shall not be open or operated during the hours of 8:00 p.m. and 6:59 a.m. 10. Building signage shall be subject to City Sign Code standards and similar in design with fhe other tenant signage on the building. 11. Externally visible window signage coverage shall not exceed 25 percent of the total exterior window surface per building side. Member Steininger stated the business meets all requirements; however he is not comfortable enforcing window coverage requirements. Member Leeder stated the window restrictions could provide additional security, allowing police to easily view the interior of the facility. Member Bendt asked Member Gladhill how the 25% window restriction was determined. Member Gladhill stated he compared the surrounding businesses and the percentages of window coverage and believes 25% coverage limit was reasonable. Chair Heyl stated the City Council could have restricted this type of window coverage by including such a standard in the zoning ordinance. She stated there should be an overall plan with regard to window signage rather than applying a special standard only to this user. She stated preference that the City Council takes action regarding the window signage issue. A vote was taken. ~~ City of Eagan Advisory Planning Commission Meeting Minutes October 28, 2003 Page 4 Aye: Members Leeder, Gladhill, and Hansen. Nay: Chair Heyl, Members Steininger, and Bendt. All members expressed support for the proposed use; those who opposed the motion stated opposition to condition number 11. 89 PLANNING REPORT CITY OF EAGAN REPORT DATE: October 21, 2003 APPLICANT: MWP Investors, Inc. PROPERTY OWNER: Valley Mining, LLC REQUEST: Planned Development Amendment LOCATION: 1970 Rahncliff Road CASE: 32-PA-10-09-03 HEARING DATE: October 28, 2003 APPLICATION DATE: October 1, 2003 PREPARED BY: Pamela Dudziak COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST MWP Investors, Inc, is requesting approval of a Planned Development Amendment to allow a currency exchange facility at 1970 Rahncliff Road, legally described as, in the NW '/4 of Section 32. AUTHORITY FOR REVIEW Chapter 11, Section 11.40, Subdivision 5 states, in part 1. The provisions of this chapter maybe amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote oftwo-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY The property was platted in 19$9 and the existing commercial buildings were constructed on the lot that same year. On December 2, 2002, the Council directed staff to prepaze an ordinance regarding currency exchange operations. The City Attorney drafted an ordinance, and the Advisory Planning Commission (APC) held a public hearing on Apri122, 2003 to consider the draft ordinance. Following a recommendation of denial by the APC, a revised draft of the ordinance was presented 90 Planning Report - MWP Investors, Inc. October 28, 2003 Page 2 to the City Council on May 20, 2003. The Council directed further discussion to a June 2003 workshop, and the outcome was to add a 200-foot buffer provision to the ordinance. On July 1, 2003, the Council approved a further revised ordinance including the buffer provision. EXISTING CONDITIONS - -The property contains two multi-tenant buildings with a shared parking lot.- -The building where---- - - - MWP Investors intends to locate is on the north end of the property. The building houses several commercial tenants. MWP Investors will occupy the tenant space on the north end of the building. Parking is shared with the adjacent building to the south, which is also amulti-tenant retail building, housing about a dozen conunercial businesses, and is located on the same pazcel. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Ezistin Use Zonin Land Use Desi nation North Cliff Road/Tar et PD, Planned Develo ment RC, Retail Commercial East I-35E South RetaiUHoliday Inn Ex ress Hotel PD, Planned Development RC, Retail Commercial ` West Bur er Kin ilton Hotel PD, Planned Develo ment RC, Retail Commercial EVALUATION OF REQUEST Proposal -The applicant proposed to establish a currency exchange operation in one of the tenant spaces within a retail strip mall at 1970 Rahncliff Road. The property is currently zoned Planned Development, and is guided RC, Retail Commercial. The applicant's narrative states that the business will "provide check-cashing services for people who do not have ... a checking account" and will act as a Western Union agent for "money transfers, money orders and making bill payments." The narrative also states that the business expects 500 customers per week, which will bring "an increase in activity for the surrounding businesses." City Code Requirements -The ordinance establishing currency exchange operations as a conditional use in certain zoning districts went into effect upon publication on July 10, 2003. The ordinance established currency exchange as conditional in the Neighborhood Business and Community Shopping Center zoning districts. Within Planned Development zoning districts that would be considered neighborhood or community retail areas, a Planned Development Amendment it utilized rather than a Conditional Use Permit. The zoning ordinance states that the currency exchange operation is subject to the regulations in Chapter 6. Chapter 6 establishes that a state license for currency exchange is required, in addition to the zoning approval from the City. 9i Planning Report - MWP Investors, Inc. October 28, 2003 Page 3 Evaluation -Chapter 6 establishes eight performance standards that apply to currency exchange businesses. Each of these items is evaluated below: I . The operation of the currency exchange business shall comply and be operated in accordance with all state laws and regulations relatin t~ o the operation of currency exchange businesses. 2. A currency exchange business shall be operated only in the zoning districts as set forth in this Code and in accordance with the zoning regulations of this Code. The proposed site is in a Planned Development zoning district containing retail commercial uses. 3. No currency exchanae business shall be located closer than 200 feet to any existing currency exchange business, secondhand goods store or pawnshop, day care facili , on or off-sale liquor establishment, park or public facility or residential property, including R-4 ~Residenrial Multiple District~„properties. The distance set forth herein shall be measured from any point of the exterior area of the structure in which the currency exchange business is located and the closest point on the property line of the other use. The building in which MWP proposes to locate the currency exchange is not within 200 feet of any of the uses listed above. The Hilton Hotel across Rahncliff Court has a liquor license and is the nearest use from which the 200-foot buffer is required. 4. A currency exchange business shall comply with all provisions of this Code and other applicable state laws. 5. No bars, chains, or other security devices on the structure in which a Currency ExchanPe Business is located shall be visible from a public street or sidewalk. 6. A currency exchange business shall not engage in any services in which money or funds are leaded, borrowed orpledged to or by a customer. 7. The premises shall be open for inspection by the City and the City shall have the right to inspect the premises. 8. No Currency Exchange Business shall be open or operated during the hours of 8:00 p.m. and 6:59 a.m. SUNIlVIARY/CONCLUSION In summary, MWP Investors, Inc. is requesting approval of a Planned Development Amendment to allow a currency exchange operation in a retail building located at 1970 Rahncliff Road. The currency exchange operation will provide check-cashing services as well as money transfers, money orders and bill payment services. The proposal satisfies the locational standards of the ordinance, and the operational standards will be made part of the Planned Development Amendment Agreement. 9a Planning Report - MWP Investors, Inc. October 28, 2003 Page 4 ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment for allowing a currency exchange operation within the building at 1970 Rahncliff Road, on property legally described as Lot 2, Block 3, Rahncliff 2"d Addition. If approved the following conditions shall apply: - - - _ l : An Amendment to the Planned Development Agreement shall be executed-and recorded -- - - - with the Dakota County Recorder's office. 2. The operation of the currency exchange business shall comply and be operated in accordance with all state Laws and regulations relating to the operation of currency exchange businesses. 3. The currency exchange business shall be operated in accordance with the zoning regulations of this Code and the Planned Development Amendment Agreement. 4. The currency exchange business shall not be located closer than 200 feet to any existing currency exchange business, secondhand goods store or pawnshop, day care facility, on or .off-sale liquor establishment, park or public facility or residential property, including R-4 (Residential Multiple District) properties. The distance shall be measured from any point of the exterior area of the structure in which the currency exchange business is located and the closest point on the property line of the other use. 5. The currency exchange business shall comply with all provisions of this Code and other applicable state laws. 6. No bars, chains, or other security devices on the structure in which the currency exchange business is located shall be visible from a public street or sidewalk. 7. The currency exchange business shall not engage in any services in which money or funds are Tended, borrowed or pledged to or by a customer. 8. The premises shall be open for inspection by the City and the City shall have the right to inspect the premises. 9. The currency exchange business shall not be open or operated during the hours of 8:00 p.m. and 6:59 a.m. 9-~ Location Map Development/Developer: MWP Investors, Inc. Application: Planned Developmen dment Case No.: 32-PA-11-09-03 city of eagan .~_.~~..~+w. n...d.-ma.t Deesrtrrent Map Pnparnl ueinp ERSI tew t.1. Parcel base map data provided by Dekata Cormty ORke of GIS and b: ramem as of June 2003. ~ ~ TitIS MAP IS INTENDED FOR REFERENCE USE ONLY Thr Cily of Eagan and Dakota County do not guarantee the accuracy of this iMortnation and rre not responsible for errors or omissions Eagan Boundary /~/ Street l.er-terlins Parcel Aroa Building Footprint N W~E S tODO D 10t)D 200D Feet Current Zoning and Comprehensive Guide Plan MWP Investors, Inc. Land Use Map Case No. 32-PA-11-09-03 Zoning Map ro ~ ~~ _ ..- -- - .._ ._ -- ._ _ _ .. _. Po PD FD ___ .- ^~ D FD { PD a t _.-___.._. _ .__... _. ___ .-- - _ Current Zoning: FD PD P D Planned Development ~. -F '° PD ~ .D tf' . •~ u Location -F ~. P t ` P f ~ w a aw tsoc F»t d i ,,ep~~. ` w~ , ' Comprehensive Guide Plan Land Use Map Current Land Use Designation: RG Retail Commercial coo s coo tzoo F..t -rcai base nup M rmation ror:u~ only L.ndSrvey Deportmett Jame 2D03. Zoning fnfonn infainod byLity SLfL City of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY Commun/fv Development Department the City of Eaaan and Dakota county do not guarantee the accuracy of this information. N W~ E S ~~ Fe C~ ~ ~! s. W ~ @s ~ ~~~ ~ F E-~ {~ ~= ~~}} t c>t~ n =~ i eNFr s;~ x A E E" ' ~ e e I~ t ~-~ L ~{~ f~ i~ p 3R. ~ ~~~' ~ ~p~~ A u 1 e ~ ~~ E _ ~ _. _ ~ QF d ~ .. t rrF~ j#s ~~f ~~ 77~~ 77~~papa - i6sUi- _. ~.. _ -~ .P 5~~~4.. ~V 3 Z Q. = a .. ~~ ~~ Z2 J A°iri J~2~ ~~^~i~ -^J N VIF i t~ ~ ~ , I ~~ I I I . +a , ~~ ~~~ ra id 'i ~ ~, ~ ~ e 1 1~ 3 o I °Y ~' I ~~i I ~~~ I F I 4 s r~ 3 e ~~~t~~~j{i~fi ~~ ~ ~ ~~f=s gp~[stai L~ ~ S ~~5~~~~s~~if< ci i ~s~ €t~~a~ef~g~~:jj Is ~~ ~F s~j«~€EY~rts _€ ~# ~f~~~aegraii F ! ~~ ~a~~n Pr~~ `; et iF ilt~~ 6~ a ('Ee Fe ~f Le ~ Y ~a _ #7_ ~ ~i•d=~ _ {~~~ ~C ~ ~~t~~t..pspFFS E~~i~ ~t ~.,, a ~ ~~, ~ • ~Tr`~~ty / r ~a ~ ~''. ~ 8sc ~ a i~ !~'~ \' ~ .'v.rP ~~~ '•~ ~< '+ ~ ., ~.. ~ ~~ d~ .\ ` ; ~ ~~~ r~~-~-.-r-~ L._ d J.- ~J i r<ti 1 s i ~-;~---f-; F---! 1 _/ r ~T r•~-7 _LJa ~~~. ~. @~~ ti k5~~:~~ ~=~.. ~tE ~ ~M~~ a~ gy€€ya -~NF ~7 6 6 d G ~~®® ~, _ ; ~~\ , .\ ~ ~. _ ` _ ~ Q` `; r ~P ~ 4 r ~Y~r ~ 1 ~~ ~ Z~ ~ J ~ ° ~ $ ~ ~ I ~ \ ~i~,~s ~ 1 3jCFC19 C 1 r ~ ~ ~ ; ~ ;~~ I } ~~~l4~~~a~ is ~ ~~ I . k ~ J i ~~ lei ~ 1 ~E~.~~~~~ ~ I I ~ 1 ., ~ ~, I I I ;o ~ i,~;t I \ I I .\ ~ I - ~ n ]tu.e s _ b5 (I / :~. ~~, ~ I add .t 1 `i1~- - ---~ ~-- I~ -! _~ _- ~t~ 3~ ~_~ AREA MAP y~ :, ~~t #~ R ~` 9 ~, ~~ EXHIBIT A SITE PLAN r` -- _ CLIP(" ROAD _. -\ 1 \ / RAFINCLiFF COURT IIORTII io~ /o• (-L1-1 zo• oo• i'~ 200 L 800 ~ / 250 100 ~~ 100 ~oo Boa , azo 60 ~ HIGIIWhY 35G SITE PLAN 9~ - - r„- - ~ -- ~~ i, N 2! N tD s O t1') 3 ~ ~- A ~ FLOCJR PLAN A ! ~ g 1. Written Narrative Describing the Request: A. The check cashing company will: 1. Provide check-cashing services for people who do not have or chose not to use a checking account for a minimal fee. This people include those who work part-time, seasonal, students, etc. 2. Act as a Western Union Agent in order to provide money transfers, money orders, and making bill payments. B. The company plans to start its operations the first week of November - 2003. - - - - - - - 2. Written Narrative Addressing the Following Questions: A. What impact does the planned development amendment have on the surrounding property and land uses? Since there will be at least 500 customers using our services per week, there will be an increase in the amount of activity for the surrounding businesses such as restaurants, fast food restaurants, and other retail businesses. B. What impact does the planned development have on the subject property? Check-cashing services differ from conventional bank services. A check-cashing business will have a great impact as many people see these services as a necessity and demand grows for such services. C. Does the requested land use proposal by the amendment result in a better use of the land? Explain. The tremendous demand for the services of acheck-cashing business is as follows: 1. We would be serving a portion of the population who either choose to not use a checking account or have credit issues that prevent them from obtaining a checking account. Large retailers, such as Walmart, fast food restaurants, seasonal employers, and other types of employers employ many hard working people who live check to check, without reserves and like the convenience of cashing their checks right away. Most conventional banks hold local checks for up to 3 business days and hold non-local checks for up to 10 business days. 2. As a Western Union Agent, we serve the needs of residents from Eagan as well as those new to Minnesota. We provide money transfers nationwide and internationally, sell money orders, pay utility bills, make mortgage payments, car payments, installment loan payments, sell phone cards, and cellular minutes, all through the Western Union system. ~P~ICANT'S NARRATIVE G. Agenda Information Memo November 18, 2003 Eagan City Council Meeting D. ORDINANCE AMENDMENT -CITY CODE CHAPTER 6.37 GARBAGE REFUSE AND RECYCLING HAULERS TO ALLOW BI-WEEKLY RESIDENTIAL /MULTI-FAMILY DWELLING RECYCLING. ACTION TO BE CONSIDERED: To approve an ordinance amendment to City Code, Chapter 6.37---Garbage, Refuse, and Recycling Haulers-to allow bi-weekly residentiaUmulti-family dwelling recycling. FACTS: ^ The City Council, at their August 4, 2003 Council meeting, was approached by Ron Moening, District Manager for Waste Management, with a request that the City amend the City Code to allow bi-weekly recycling. ^ Mr. Manning informed the City Council that if a bi-weekly recycling program was implemented, Waste Management could offer their single-sort recycling program to their Eagan customers. • Per the direction of the Council at the August 4, 2003 meeting, staff invited Eagan's licensed residential trash/recycling haulers to an informational meeting on September 10, 2003. ^ The purpose of the September 10 meeting was to receive feedback from the haulers in regards to the possibility of an ordinance amendment to allow bi-weekly recycling. ^ The licensed haulers were then invited to the October 28, 2003 City Council workshop, at which the City Council discussed the advantages and disadvantages ofallowing bi-weekly recycling. ^ The City Council, at the O ctober 28 Council workshop, received the written f eedback that was p rovided by Eagan's licensed haulers in response to the possible ordinance amendment. • Per t he C ouncil's r equest a t t he O ctober 2 8 w orkshop, o ther c omparable m unicipalities that a Ilow b i-weekly recycling were contacted to inquire as to how the bi-weekly, single sort program has been received in their communities. Five comparable communities were contacted, all of whom were extremely positive about the bi- weekly, single sort program. ^ All of Eagan's licensed residential trash/recycling haulers were notified of the City Council's upcoming consideration of the ordinance amendment at the November 18, 2003 City Council meeting. ATTACHMENTS: ^ Attached on pages ~ through is the proposed ordinance amendment to Chapter 6.37 of the City Code to allow bi-weekly recycling. ^ Attached on pages ~through~s a matrix showing the feedback received from comparable cities in which the single sort rec cling program is offered, as well as a list of communities that offer the program. ^ Attached on pages through ~ are the notification letters that have been sent to Eagan's licensed haulers to notice them of the September 10 informational meeting, the October 28 Council workshop, and the November 18 City Co cil meeting. ^ Attached on pages througl~~ is a summary of the feedback that was received at the September 10 informational meeting, and written feedback that has been received from haulers. /~ ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY AMENDING SECTION 6.37, SUBD. 4(A)(4) REGARDING RECYCLABLES COLLECTION BY HAULING LICENSEES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Six is hereby amended by changing Section 6.37, Subd. 4(A)(4), to read as follows: 4. Single family/multiple dwelling-individual household service hauling licensees shall make weekly collection of separated garbage and other refuse, yard waste and recyclables for all single family/multiple dwelling-individual household service hauling accounts subject to the daily residential hauling district restrictions. Notwithstanding the weekly collection requirement set forth above, a single family/multiple dwelling-individual household hauler licensee may collect recyclables for single family/multiple dwelling-individual household hauling accounts o n a b i-weekl~s provided the licensee complies with the following conditions: (a) The collection of recyclables shall comply with the daily residential hauling district restrictions; (b) The 1 icensee shall permit single-sort recycling whereby the customer may commingle all recyclables in a single container; and (c) The licensee shall provide to the customer a close fitting covered container of not less than 32 gallon capacity and, at a customer's request, the licensee shall provide a lar eg r capacity close fitting covered container to the customer at no additional cost to the customer. ~} It is unlawful for hauler vehicles to operate on residential streets in any district on any day other than as permitted for the daily single-family- multiple dwelling-individual household service hauling district, except to collect a missed pickup, special pickup or when an observed holiday falls within that week. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 6.99, entitled /o/ "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Petersen Its: Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: By: Pat Geagan Its: Mayor /D ~ Feedback from Comparable Cities in Which the Single Sort Recycling Program is Offered CITY PROS CONS Burnsville Very well received Some calls at first ^ Covered bin asking about getting a ^ More convenient than larger bin (bins were uncovered bins then provided at no ^ Strongly recommend cost) Brooklyn Park People really like the Some confusion rolling, covered bin occasionally as to what ^ People like it week the pick up will ^ Strongly recommend occur Eden Prairie The program is going Only one call has been very well received, which was ^ People like the about getting a larger convenience bin (provided at no ^ Strongly recommend charge) Richfield The program has A few calls from worked very well residents regarding ^ Strongly recommend size of container (some want larger containers, others think it is too big) Bloomington "Everybody like it" A few calls with ^ Keeps recyclables questions about which dry, and therefore week it will be picked they don't smell up ^ Strongly recommend /o~ Communities Using Single Sort Recycling City Type of Service jCustomer Count Andover Subscription 441 Birchwood ~ Contract ~ 360 Bloomington. `Subscription, 8125 Brooklyn Center Contract 8227 Brooklyn Park Contract 19205 Burnsville. :Subscription 9192 Cannon Falls Contract ~ 1512 Centerville Contract 1049 Circle Pines Contract ___ _.. . 1615 Coon Rapids Subscription 1506 Crystal Contract 7734 Dellwood Contract 366 Denmark Township Subscription 31` Eden Prairie Subscription. 5845 Hastings___________ Contract ~ 4960 Hopkins _________ _~_ ________ - - Contract _ _ _ ___._ _. 2990 Lake St. Croix Beach ;Contract 463 Lino Lakes Subscription 799 Mahtomedi Contract ~ 2457 Mounds View Subscription 509 New H ope Contract ~ 5120 _ _ ____ Pine Springs _ _ Contract 142 Richfield: Subscription 3608 Robbinsdale ~ Contract ~ 4938 Savage -Subscription 3490 St.Mary`s Point Contract 171 i __ Wesf Lakeland Twp Contract _ 1157 Willerrne Contract 196 Total Customers 96208 Provided by Waste Management /D/ ~ 11/3!2003 August 15, 2003 Waste Management 12448 Pennsylvania Avenue South Savage, MN 55378 Deaz Sir or Ms: At the August 4, 2003 Eagan City Council meeting, per the request of a licensed Eagan hauler, the City Council discussed the possibility of an ordinance amendment to allow single sort, bi-weekly recycling. Upon receiving further information about the features of the single-sort system, the City Council discussed the program as well as the current requirement that recycling pick up take place on a weekly basis, as stated in the current City Code. In order to gain input and feedback about the possibility of an ordinance amendment to allow bi-weekly recycling, the City Council directed staff to host an informational meeting with Eagan's licensed trash/recycling haulers. An informational meeting has been scheduled for Wednesday, September 10 at 2 PM in the Council Chambers of Eagan City Hall. Sue Bast, Recycling Coordinator for the cities of Eagan and Burnsville, will be present at the meeting to provide a summary about the bi-weekly recycling programs being offered in the City of Burnsville, and to receive input from the haulers present. All feedback that is received at the informational meeting will be forwarded to the Eagan City Council prior to their consideration of an ordinance amendment. If you are unable to attend the meeting, please feel free to send written feedback to Mira McGarvey, Administrative Secretary, who will ensure that the correspondence is forwarded to the City Council. Ms. McGarvey can be reached via a mail at mmcgarvey@cityofeagan.com, or correspondence can be sent to her attention at the address above. If you have any questions about the September 10 informational meeting, please feel free to contact Mira McGarvey at 651/675-5013. Sincerely, ~11~a ~~ Thomas L. Hedges City Administrator /os city of eac~an PAr GEnGAN Mayor October 22, 2003 BFI Waste Services PEGGY CAR150N Attn: Craig Seim CYNDEE FIELDS 4325 E. 66th Street Inver Grove Heights, MN 55076 MIKE MAGLTIRE MEG TILLEY Dear Mr. Seim: Council Members Per the direction of the Council at the August 4, 2003 City Council meeting, staff invited Eagan's licensed residential trash/recycling haulers to an informational meeting on THOMAS HEDGES September 10, 2003 to discuss the possibility of an ordinance amendment to allow bi- City Administrator weekly recycling. The purpose of the meeting was to gain feedback from the haulers as to whether an ordinance amendment to allow bi-weekly recycling would be desirable. Two haulers attended the informational meeting, and two other haulers provided written Municipal Center. feedback to the City Council regarding the proposed ordinance amendment. A summary 3830 Pilot Knob Road of the informational meeting, as well as the written feedback received were forwazded to the City Council. Eagan, MN 55 t 22-] 897 Phone: 651.675.5000 The City Council will formally consider an ordinance amendment to Section 6.37 of the Fax: 651.675-5012 Ci Code ~ertainin~ to Garbage, Refuse, and Recycling at the October 28, 2003 City Council workshop. The workshop begins at 5:30 p.m. and will take place in the second TDD: 651.454.8535 floor Community Room of the Eagan Municipal Center. All haulers are welcome to attend the workshop. Maintenance Faulity: 3501 Coachman Point Please feel free to contact Assistant to the City Administrator Dianne Lord at 651/675- 5014 if you have any questions about the upcoming City Council workshop. Eagan, MN 55122 Phone: 651.675.5300 Sincerely, Fax: 651.675.5360 TDD: 651.454.8535 \, Thomas L. Hedges www.cityofeagan.wm City Administrator THE LONE OAK TREE The symbol o~ strength and growth in our community // /~ city of eagan PAT GEAGAN Mayor ~ November 10, 2003 PEGGY CARLSON Dear Licensed Hauler: CYNDEE FIELDS As previous correspondence stated, the Eagan City Council, at their October 28 MIKE MAGUIRE workshop, considered an ordinance amendment to Section 6.37 of the Eagan City Code MEG TILLEY pertaining to Garbage, Refuse, and Recycling to allow bi-weekly recycling. Council Members The City Council considered the feedback that was received at the September 10 informational meeting, in which all of Eagan's licensed residential haulers were invited THOMAS HEDGES to attend. After considering the feedback that was sent to the City, and after listening to Ciry Administrator the haulers present at the October 28 workshop, the Council directed the City Attorney to prepare an ordinance amendment to allow bi-weekly recycling. The proposed ordinance amendment, which is enclosed, is scheduled for formal Council consideration at the November 18, 2003 City Council meeting. Municipal Center. 3830 Pilot Knob Road If you have any comments or feedback to the proposed ordinance amendment, I invite you to attend the November 18 Council meeting, which begins at 6:30 p.m. in the Eagan, MN 55122-1897 Council Chambers at the Eagan Municipal Center. If you would prefer to send written Phone: 651.675.5000 correspondence, please feel free to send correspondence to the attention of Dianne Lord, Fax: 651.675.5012 Assistant to the City Administrator, or via e-mail at dlord(r.~,cityofeagan.com. TDD: 651.454.8535 Thank you for your continued service to the City of Eagan. If you have any questions about the proposed ordinance amendment, please feel free to contact Ms. Lord at Maintenance Facility: 651/675-5014. 3501 Coachman Point S' erely, Eagan, MN 55122 Phone:651.G75-5300 Fax: 651.675.5360 Thomas L. Hedges TDD: 651.454.8535 City Administrator www.cityofeagan.com THE LONE OAK TREE The symbol of strength and growth in our community /~ /~ i~`:^~_~ ~.~._ ., ,.-~ MEMO ~~ City of Eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR LORD DATE: SEPTEMBER 15, 2003 SUBJECT: HAULER FEEDBACK RE: ORDINANCE CHANGE Per the direction of the Council at the August 4, 2003 City Council meeting, an informational meeting was held with Eagan's licensed haulers regarding the possibility of an ordinance amendment to allow bi-weekly recycling, as opposed to the current weekly recycling pick-up requirement. As you may recall, the request for the ordinance amendment was made by Ron Moening, District Manager of Waste Management, who presented information to the City Council on Waste Management's single sort recycling program, which is collected on a bi-weekly basis. Enclosed on page is a copy of the letter that was sent to all of Eagan's licensed trash/recycling haulers, inviting them to attend the September 10 informational meeting. Enclosed on pages _ through _ is the agenda for the September 10 meeting and the meeting sign-in sheet. Of the seven residential haulers licensed in Eagan, two were present, and two sent correspondence to the City with their feedback about an ordinance amendment. Enclosed on pages through is a letter from Tom Buckingham, representing Buckingham Disposal, Inc., and an e mail from Greg Tennis, representing Tennis Sanitation, LLC, both of whom expressed concern about an ordinance amendment to allow bi-weekly recycling. I, along with Administrative Secretary McGarvey and Recycling Coordinator Sue Bast were present at the September 10 meeting. The two haulers represented were Waste Management and BFI. I opened the meeting, noting that the City Council asked that an informational meeting be held in order to receive input from the haulers about the possibility of an ordinance amendment to allow bi-weekly recycling. Following the introductory comments, Sue Bast provided a summary of citizens' reactions and responses to the City of Burnsville's ordinance amendment to allow bi- weekly recycling, as well as helpful tips if Eagan were to change to bi-weekly recycling. Ms. Bast noted that Burnsville chose to change to the bi-weekly system in order to be consistent with Dakota County's Recycling Joint Powers Agreement, which states that recycling must be conducted on at least a bi-weekly basis. Once implemented, Ms. Bast said that she received numerous calls initially from Waste Management customers who were concerned about where to dispose of their old recycling containers, as well as concerns about the size of the new container being /og Hauler Feedback re: ordinance change September 15, 2003 Page 2 provided by Waste Management. Ms. Bast advised that if there is a change to bi-weekly recycling in Eagan, the City should: l .) Make clear that the single sort program is not a requirement of the City; 2.) Inform citizens who they can contact to dispose of their previously used 18-gallon recycling container; and 3.) Specify in the City Code the size requirement of the recycling bin if a hauler chooses to go to bi-weekly service (e.g. the City of Richfield requires 32-gallon, covered containers). Following Ms. Bast's comments, the two haulers that were represented were provided an opportunity to offer their feedback to the possibility of an ordinance amendment to allow bi-weekly recycling. Waste Management had two representatives at the meeting, Ronald Moening and Mike Trulson, both of whom advocated for the ordinance amendment, which would provide Waste Management the opportunity to offer single sort recycling. Mr. Moening noted that in the cities where single sort recycling is offered, the volume of recyclables collected has increased, as has the number of recycling participants. Moening also attributed a portion of the increased participation to the fact that the recycling bins provided are now covered, leading to persons being less inhibited to "display" their recyclables, as was the case with the previous non-covered recycling bin. Furthermore, Waste Management noted that the covered bin has resulted in less recyclables being blown throughout neighborhoods. In response to some of the concerns that Ms. Bast noted from Burnsville citizens, Mr. Moening stated that single sort participants are sent a letter welcoming participants to the new program, and are also sent reminder cards to inform participants about which week the recyclables will be picked up. Enclosed on pages through is a copy of the letter and reminder card provided at the meeting by Waste Management. Craig Seim, General Manager of BFI Waste Services, was also present at the meeting. Mr. Seim noted that the customers should be allowed to make a decision as to which hauler they would prefer. He inquired with Waste Management whether the single sort recycling program is automated. Mr. Moening acknowledged that the program is not automated at this time; however, they are looking to automate the program in the future. Mr. Seim stated that BFI has no plans to offer the single sort program at this time; however, he did not voice any opposition to the ordinance amendment. If you have any further questions about the outcome of the informational meeting with Eagan's licensed haulers, please let me know. Assistant to the City ministrator /ay August 14, 2003 Name of Licensed Trash Hauler Address State Dear At the August 4, 2003 Eagan City Council meeting, per the request of a licensed Eagan hauler, the City Council discussed the possibility of an ordinance amendment to allow single sort, bi-weekly recycling. Upon receiving further information about the features of the single-sort system, the City Council discussed the program as well as the current requirement that recycling pick up take place on a weekly basis, as stated in the current City Code. In order to gain input and feedback about the possibility of an ordinance amendment to allow bi-weekly recycling, the City Council directed staff to Bost an informational meeting with Eagan's licensed trashlrecyclinghanlers. An informational meeting has been scheduled for Wednesday, September 10 at 2 PM in the Council Chambers of Eagan City Hall. Sue Bast, Recycling Coordinator for the cities of Eagan and Burnsville, will be present at the meeting to provide a summary about the bi-weekly recycling programs being offered in the City of Burnsville, and to receive input from the haulers present. All feedback that is received at the informational meeting will be forwarded to the Eagan City Council prior to their consideration of an ordinance amendment. If you are unable to attend the meeting, please feel free to send written feedback to Mira McGarvey, Administrative Secretary, who will ensure that the correspondence is forwarded to the City Council. Ms. McGarvey can be reached via a mail at mmcgarvey@cityofeagan.com, or correspondence can be sent to her attention at the address above. If you have any questions about the September 10 informational meeting, please feel free to contact Mira McGarvey at 651/675-5013. Sincerely, ~. Thomas L. Hedges City Administrator //~ Meeting of Eagan's Licensed Haulers re: Single Sort Recycling Wednesday, September 10, 2003 2 p.m. City Council Chambers AGENDA 1. Welcome and Openiag Remarks=Dianne Lord, Assistant to the City Administrator 2. Summary of the Single Sort Recycling Program-Sue Bast, Recycling Coordinator 3. Open Forum: Questions and Feedback from Haulers 4. Adjourn-3PM /// September 10, 2003 Informational Meeting with licensed Haulers SIGN-IN SHEET ATTENDEE'S i~AME COMPANY i ~- .~ ~~ ~ s ~~.~ .~ l~.S~ .-ter /~jP~~ ~ C'w'r'1 ~`~ ~ ~ G. C~~ //02 Buckingham Disposal, Inc. 5980 credit ~.iver Rd. Prior Lake, l~~IN. 5 5 3 72 952-226-6441 August I9, 2003 City of Fagan 3830 Pilot Knob Road Eagan, MN 55122 Attn.: Mira McGarvey Deaz Mira, Thank you for seeking feedback from all licensed haulers in the City of Eagan regarding input on possible changes to the existing ordinance dealing with recycling collection. My first observation is that it is funny how one Company can decide to change the method of their collection to suit them and the way they do business and then just pursue the City to change their ordinances to fit their needs. Somehow that just doesn't seem fair. Buckingham Disposal has been in the waste removal and recycling business for the past thirty five years and our expertise tells us that by mixing all recycling material together (example: glass and paper) the ability to market that material drops substantially by contaminating itself and is less desirable to sell on the open market. My next point would be why would you want to reduce the frequency? One pick-up per week is favorable because who wants dirty pizza boxes and juicy soda cans sitting around for two weeks with smell and animal issues to contend with? I'm also enclosing a article from our industries trade magaaine which you aught find interesting. Sincerely, ~om Bungham Buckingham Dispo_. nc. /~.3 by Brian taylor Ingle-stream rcryding collection and processing has marched steadily forward, and no one is more aware than Mark Nacf of Nacf Recycling, East Syracuse, N.Y. Nacf started his company less Than a year ago to handle commercial and residential rerydables collected in and around Syracuse. Raidcnrial wllcction and processing in chat arcs has traditionally been done in the dual-stream manner, with fibersseg- ~ EZ~vtvf regaled From the container stream.. The Nacf Recycling plant was set up A~ ~,~~~ ~. to process materials collected that way. But no sooner had Nacf Recy- cling opened its doors than Waste Management Inc, Houston, set up some of its first single-scream pro- grams in the eastern U.S. ar new material recovery facilities (MBEs) in Syracuse and Binghamton, N.Y. Naef says the introduction of si ngle-stream techniques has sent mixed signals to haulers and municipalities in nc~ region, and iFit is ultimately a stronger signal that mixing materials is fine, then he may have to change the way he does business. THE CUSTOMER KNOWS. Single-stream equipment makers and MRF operators are confident that plants can be set up ro produce quality fiber streams Erom material collected Through the single-stream method. But Naefcontends that mills heseUs to, such as theAbitibi- !/~ Consolidated mill in Thorold, Ontazio, Canada, or the Solvay Papcrboa.F~{,r_Nevti~'n~lc~can„tcll vthen they ar4 seeing single-streaminatepaj~bxause of tl~e increased prrs- ence o~fglass pteees and glass powder. ' The glass powder is difficult to spot on visual inspections, but Naefsays the effect oFrhe contaminant becomes clear over time. °The powder ispr~ct;cally sand-blasting the equipment ttcomcsinconraawitharmills,"hc ~ ~ remazks. Additional contaminan is such as ~~ ~ ~~ . lids from steel cans and plastic bags, • caps and rings arc also commun in manysingle-stream shipments, Naef contends. While he understands the desire for municipalities and haulers to reduce their collection costs, he wonders whether they realize what they arc losing money on the selling end of the transaction. He says the nearbysingle-stream MR]=opera red by Waste Management is shippingout numerous loads ofthc "hard-pack" mixed low-grade of paper, while his MRF pro- duces only one or two bales per month of this commodity. While plant operators and equipment makendevise meth- ods to improve Boning, NaeF notes that true single-stream collecvon is not in place until compactor trucks ate doing the collecting. That's when recyders aze really put to the test to make dean, high-quality shipmenu. "It's a whole new dy- namic," he remarks. "When they first try single stream, it's with older collection methods." ~•••--•• oe~,.ounoToCav tom 6"k i~i~ ~Sr"~° rs~.&°~-~,r.'>~~ If°~v~re;w€$1 E;~y ~P~€~ `~3i~,° Page 1 of 1 Mira McGarvey From: Tennisllc@aol.com Sent: ' Wednesday, September 10, 2003 9:10 AM To: mmcgarvey@c'rtyofeagan.com Subject: Bi-weekly Recycling Input Good morning, my name is Greg Tennis and I'm a partner of Tennis Sanitation, LLC. I was unable to attend the informational meeting on 9/10/03, but I do have some input for the council to consider. It has been our experience that when recycling is done on a bi-weekly basis, customers tend to forget which week to recycle. Instead of waiting for the next pick-up, which is now a total of 4 weeks of accumulated recycling, they decide to discard the recycling in the trash. It is my opinion, and it has also been documented that when recycling is co-mingled (single sorted), there is a considerable amount that becomes contaminated, broken or unusable and then has to be put back into the waste stream. When recycling is done on a customer source separated basis, each individual item is properly handled and nearly 100% is recycled. Thank you for your consideration of my comments. Greg Tennis, Partner, Tennis Sanitation,LLC // S s 1NASTE MANAGEMENT Waste Management 12448 Pennsylvania Avenue S Savage, MN 55378 (952) 890-1 100 (763) 783-5477 Fax April 14, 2003 Dear Valued Customer: Congratulations! Waste Management has chosen you to participate in a new and innovative recycling program! You niay have heard the news about Waste Management's new Single Sort recycling program. Cities such as Savage, Hastiags, Brooklyn Park, Cannon Falls, Robbinsdale, Coon Rapids and Hopkins aze now recycling the Single Sort way. We are excited to bring Single Sort to you. Here is how it works. • You will receive a mid sized, 35-gallon heavy doty green cart with a hinged yellow lid and wheels sometime between Apri121 and May 2. (See enclosed brochure.) • Start using your cart as soon as you receive it. Place all your recyclable containers, paper, and loose cardboazd directly into the cart. All recyclables can be mired together in your cart. USE THE RECYCLE CART IN PLACE OF YOUR PRESENT RECYCLING BIN. • Set your cart curbside for collection on your service day the week of May 5, 2003. Your recycling will be collected every-other-week on the regular collection day. A new recycling calendar is enclosed for your use. • In 90 days we will send you a survey to find out your opinion and use of the Single SoM recycling program Why is Waste Management offering this program to you? • Single Sort makes recycling easy. All your recyclables go in one cart. • Single Sort reduces litter. Your new recycling cart has a lid and litter in your neighborhood will be greatly reduced. //6 Z J V V W J Q F a W H W ;~ 0 H W 'J Z (~1 W ``' _ ~~ c ~ ~ ~ ~ z `~ c ~ L ~ L r V L ~ li L ~ C L ~ •L ~. ~ ~. `n ~ ~ V ~ ~ °N' ~ ~ V ~ _ OC a c , .'~ O W ?'~ o •N ~L ~ ~ ~ ~ O ~ Z ~- ~ E ~ O Z L G. N ~ 0 ~ ~ ~ ~ 1 + 4- l co ~ O ~ '~ O O c - L ?O ~ • O N ~ ,,, u V ~ •p,0 0 N 0- O ~. . c .~ d0 • L ~ i, C ~ ~ ~ N e0 ~ t .7 e 7 ~ 3 V - ~ ~ h -v O ~ L _ +'d . -~ o G. L ~ - ~ G. ~ L ~O Vl ~ _ cd ~ ~ 0 _= • O ~ L ~ ~ E ~ ~ ° ~ C - ' ~ ~ C - ~ _ - ~ O i ~ `~ n - O a o " O a~ ~ ' oo ~,, • ao ~ ~ 3 ~ . ~ ~ ~ ~ ~ ~ ~ y ~ c s C7 n. F a > > ti ~ n. a. ~i a ~~. vf'> W „'''' ~i9 V u = L ~ ~ ~ ~ ti- ` ~ L ~ a O ~ ~ u c ~ • L ~ ~ ( Q "o ~ ~ ~ (A ~- o~~ ~ o - ~. c ~ ~ i J ' +"' O C ,~ ~ ~ v ,~ ..fl ~ ~ L f~ RS R3 ' ~ ' ~ .0 h v • v O L s. - ~ ~ N a L ~ V1 ~ ~ ~ •~ X ~ .C C7 E a. a E .a V E ^u •• l r r iy 'T ~.ka,, i £T'4 ..~. ~ `~`~ ~={-® WASTE MANAGEMIENT 521 890-1 1 00 APRI L t} 6 7 8 9 10 II 12 13 ]~ ]3 I~ is is 19 20 21 22 23 24 25 26 ~1 ~b 1~ .^SQ MAY ,:, ~_ ~ ~.,,. 2, 4 5 6 7 8 9 10 it i? i3 i~ l5 iv i7 18 19 20 21 22 23 24 zS ~~ ~; 2i; 3~ sj 31 JUN E ° ID li 12 13 94 15 16 17 18 19 20 21 _2 23 2a ?5 25 y7 2y 29 30 JULY .. ~~ I 2~ 3 4 5-: ~ 7 A 9 io II 12 13 14 15 16 17 18 19 2D 21 22 2s 2~ s5 3 27 28 29 30 31 AU GUST -~.°~ r 2 3 4 3 ~ ~ 8 9 10 tl 12 13 14 15 I6 i; 98 i~ ?~ 21 ~?? 2; 24 25 26 27 28 29 30 31 SEPT EMBER -. ~;s 2:= 3 - ~= ~ 7 8 9 10 II 12 13 i~ l~ to l7 13 in 2fl 21 22 23 24 25 26 27 28 29 a'3 OCTOBER 5 6 7 8 9 10 II 92 i3 14 15 lb 17 1$ 19 ZO 21 22 23 24 25 2~a 27 2L 39 30 31 NOVEMBER ~-- ~~- 2 3 4 5 6 7 8 9 iD i I 93 13 i4 l.5 Ib 17 18 19 20 21 22 23 3] 33 2n 27 3S 2~ 30 DECEM BER 7 S 9 10 II 12 13 14 15 16 17 18 19 20 31 22 23 34 25 ?'a 27 28 29 30 31 JAN UARY 4 3 b 7 8 9 10 II 12 13 14 15 16 17 18 19 2'~3 21 23 23 24 25 26 27 28 29 30 31 FE BRUARY 8 9 t0 II 12 13 14 i~ i3 17 ~~ 19 ~,o ?~ 22 23 24 25 26 27 28 2~ MARCH ~` 7 8 9 10 II 12 13 14 i3 Ib 17 i8 . l3 2D 21 22 23 24 25 26 27 ~8 29 30 - ~~FFCT~a i~a~~ ,,,- - ~a y _ ~~ :.a . ll~ NextPage LivePublish Page 1 of 5 Sec. 6.37. Garbage, refuse and recycling haulers. Subd. 7. Defrnifions. The following terms, as used in this section, shall have the meanings stated: A. Garbage means all putrescible wastes, including animal offal and carcasses of dead animals but excluding human excreta, sewage and other water-carried wastes. , B. Refuse means ashes, nonrecyclable glass, crockery, cans, paper, boxes, rags and similar nonputrescible wastes (does not decay or have foul odor), construction or demolition debris, and wood except when stored as firewood in compliance with section 11.10, subd. 32.C. C. Recyclables means materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastics, metals, automobile oil, and batteries. Refuse- derived fuel or other material that is destroyed by incineration is not a recyclable material. D. Targeted recyclables means materials metal food and beverage containers, glass food and beverage containers, newsprint, corrugated cardboard, plastics (as defined by the county), office paper and mail, magazines, catalogs or other materials as defined by council resolution. E. Yard waste means leaves, lawn clippings, garden waste, weeds, Christmas trees and prunings up to six inches in diameter or other materials as may be defined by council resolution. F. Single family/multiple dwelling-individual household service hauling means garbage, refuse and recycling hauling services in which the hauler specifically services an individual residential dwelling unit for the pickup of garbage, refuse or recyclables of that individual residential dwelling unit at that specific unit, r egardless o f w hether i t i s a s Ingle-family dwelling or a dwelling unit within a multiple dwelling unit structure. G. CommerciaUmultiple dwelling-commingled service hauling means garbage, refuse or recycling hauling services provided to any commercial establishment or any multiple dwelling units of which all residents commingle their garbage and refuse in a dumpster or other similar container for shared pickup service by the hauler or commingle their recyclables in a dumpster or other similar container for shared pickup service by the hauler. H. Commercial establishment means any premises where a commercial or industrial enterprise of any kind is carried on and shall include restaurants, clubs, churches, and schools. I. Special pickup means any collection of materials other than garbage, other refuse, recyclables or yard waste including white goods, furniture, oversized materials and construction debris. J. Daily residential hauling district means a residential area in which garbage, other refuse, recyclables and yard waste are collected on the same day, the boundaries and day of collection of which are defined as follows: (i) Monday Residential Hauling District -any area in the city north of Diffley Road and west of Lexington Avenue; (ii) Wednesday Residential Hauling District -any area in the city south of Diffley Road and west of Lexington Avenue; and (iii) Friday Residential Hauling District - any area in the city east of Lexington Avenue. K. Construction or demolition debris means waste building materials, packaging, and rubble resulting from construction, remodeling, repair and demolition of buildings. L. Mixed municipal solid waste and recycling fransferstation means an intermediate waste facility in which garbage, refuse and other solid waste and recyclable materials from residential, commercial, industrial and community activities that the generator of the waste aggregates for collection is temporarily deposited to await transportation to another waste facility. M. Construction and demolition debris waste transfer station means an intermediate waste facility in which construction and demolition debris that the generator of the debris aggregates for collection is temporarily deposited to await transportation to another waste facility. ~++--•~~1:~~P inz4~~-tP,,,,,tatPCR~fn=document-frame.htm&q=trash%20haulers&x=Simple&2. 9/10/2003 NextPage LivePublish Page 2 of 5 Subd. 2. License required. It is unlawful for any person to haul garbage, refuse, recyclables, yard waste or food waste, without a license therefor from the city, or to haul garbage, refuse, or recyclables, yard waste or food waste from his own residence or business property other than herein excepted. For purposes of this section, a license shall be required for hauling construction or demolition debris only in cases of hauling for hire or with a motor vehicle that has a hauling capacity of four cubic yards or greater. Subd. 3. Exception. Nothing in this section shall prevent persons from hauling garbage, refuse, recyclables, yard wastes or food wastes from their own residences or business properties provided the following rules are observed: * That all garbage is hauled in containers that are watertight on all sides and the bottom and with tightfitting covers on top; * That all refuse, recyclables, yard wastes and food wastes are hauled in vehicles with leakproof bodies and completely covered or enclosed by canvas or other means or material so as to completely eliminate the possibility of loss of cargo; * That all garbage and refuse shall be dumped or unloaded only at a licensed solid waste facility or county-designated facility; * That recyclables may be disposed of at a recycling facility, an organized recyclable drive or through a licensed recyclable hauler; * That yard wastes may be composted privately or be disposed of at a composting facility or through a licensed refuse hauler or recyclable hauler; and * That food wastes may be disposed of at a food waste composting facility or processing facility or through a licensed food waste hauler. Subd. 4. Hauler licensee requirements. A. Hauler licenses shall be granted only upon the condition that the licensee has watertight packer- type vehicles or, in the case of recycling and construction or demolition debris haulers, appropriate container vehicles in condition to prevent loss in transit of liquid or solid cargo; that the vehicle be kept clean and as free from offensive odors as possible; and the vehicle not be parked in any street longer than reasonably necessary to collect garbage, other refuse, yard waste or recyclables. All hauler licenses shall be subject to the following requirements: 1. There shall be three license categories defined by the type of account served: (1) commercial/multiple dwelling-commingled service hauling, (2) single family/multiple dwelling- individual household service hauling, and (3) construction and demolition debris hauling. 2. Commercial/multiple dwelling-commingled service and single family/multiple dwelling- individual household service hauling licenses include recycling hauling services. 3. Licensees shall make curbside recycling collection available to all single-family and multiple dwelling residences with individual household services. At a minimum, such service shall include all targeted recyclables as defined herein. Commercial/multiple-dwelling hauling licensees shall make recycling collection available to all commercial establishment accounts. At a minimum, such service to commercial establishments shall include at least two targeted recyclables items as defined herein. 4. Single familylmultiple dwelling-individual household service hauling licensees shall make weekly collection of separated garbage and other refuse, yard waste and recyclables for all single family/multiple dwelling-individual household service hauling accounts subject to the daily residential hauling district restrictions. (a) It is unlawful for hauler vehicles to operate on residential streets in any district on any day other than as permitted for the daily single-family-multiple dwelling- individual household service hauling district, except to collect a missed pickup, special pickup or when an observed holiday falls within that week. ~a~ -~~--•~~~--•~ ~~~~~~-*o,,,,,ice+P~.~+r=~nenmPnt-frame.htm&a=trash%20haulers&x=Simple&2. 9/10/2003 NextPage LivePublish Page 3 of 5 5. At a minimum, commercial/multiple dwelling-commingled service hauling licensees shall make weekly collections of separated garbage, other refuse and recyclables for all multiple residential dwelling accounts under its license. 6. It shall be the responsibility of the licensee that the name and telephone number of the owner of any and all containers which are located on and hauled off a construction or demolition site by the licensee be permanently affixed to each such container. 7. All hauler vehicles shall be in full compliance with the Minnesota Department of Transportation requirements and all hauler vehicles shall be available for inspection by the city. 8. In order to receive or retain a hauling license hereunder, the applicant/licensee shall be in compliance with all state, county and city regulations, including any conditional use permits. B. Before a hauling license may be issued, the applicant shall file with the city clerk evidence of the following insurance coverages and amounts for each vehicle operated under the license from an insurance company authorized to do business within the state: 1. Auto liability coverage including all owned, nonowned and hired motor vehicles. Coverage provided shall be in an amount of at least $250,000.00 for injury to or death of any one claimant and $500,000.00 for total injuries and/or damages arising from a single occurrence, or a combined single limit of $500,000.00. Workers' compensation insurance certificate as required by Minnesota Statutes. The licensee shall file with the city clerk and copy of the licensee's certificate of insurance, which shall list the vehicle identification number of each vehicle operated under the license. The certificate of insurance shall be for the period of the annual license, expiring on December 31st of the license year. C. The council, in the' interest of maintaining healthful and sanitary conditions in the city, hereby reserves the right to specify and assign certain areas to all licensees, and to limit the number of licenses issued. The council shall issue no more than seven single-family-multiple dwelling-individual household service hauling licenses. No license shall be transferable between persons or entities. Any change in individual or corporate ownership or substitution in partners shall constitute a transfer and shall automatically terminate the license. Upon the termination of a license as a result of change of ownership as provided herein, a license application of the new hauler shall be granted license approval preference over any other license applicant, provided the hauler makes application within 30 days of the license termination and the hauler meets all conditions and regulations for licensing as required herein. If the licensee's name changes and the change is not due to change of ownership during the period of the license within 30 days of the name change, a new application for license must be submitted to the city and subsequently approved by the city in order for license to remain in effect. D. Each applicant shall file with the city clerk-treasurer, b efore a g arbage a nd r efuse h auler or recycling license is issued or renewed, a schedule of proposed rates to be charged by him during the licensed period for which the application is made. Every licensee shall provide prior notification of any change in rates to be implemented during the licensed period. 1. Single family/multiple dwelling-individual household service hauling licensees rates shall include a minimum of three levels of regular service, priced on the basis of volume or weight with a rate structure designed to encourage reduction, re-usage and recycling. Single family/multiple dwelling-individual household service hauling licensees are prohibited from imposing a greater charge on residents who recycle than on residents who do not recycle. E. No hauler operating on a route in a residential district shall operate a truck on any city street when the weight of said vehicle exceeds eight tons per axle. F. No hauler shall operate in a residential district after 8:30 p.m. or before 6:30 a.m. of any day, and no hauler shall operate in a residential district on Sunday. /~ -~---.~~~:.... ~~~o~~rP,,,,,tarPeR,fn=rtncument-frame.htm&q=trash%20haulers&x=Simple&2. 9/10/2003 NextPage LivePublish Page 4 of 5 G. Each vehicle for which a hauler's license is issued shall exhibit such license in a prominent position on said vehicle. The applicant shall submit with the application a list of the vehicle identification number and license plate number for each vehicle to be operated under the license. This information shall be provided on the license for each separate vehicle. H. All single family/multiple dwelling-individual household service and commercial/multiple dweiling- commingled service, licensees shall report to Dakota County, on the form provided for such purpose, the quantity of all recyclables and yard waste abated from the landfills and any other information as required by state, county or local laws. I. The duration of a license shall be for a calendar year, expiring on December 31 of each year, regardless of the date of issuance. All existing licenses on December 31 of each year will be automatically renewed provided the licensee pays the license fee prior to issuance and is in compliance with all requirements of this section. J. All single family/multiple dwelling-individual household service hauling licenses shall be subject to the licensee providing single family/multiple dwelling-individual household hauling services to not less than 250 residential households in the city, with their own equipment, excluding multiple dwelling units which fall within the definition of commercial/multiple dwelling-commingled service hauling. The licensee shall file with the city clerk by the end of each calendar year a written certification of compliance with this paragraph on a form provided by the city. The licensee shall make available for inspection upon request, a list of all single familylmultiple dwelling-individual household service accounts, by address, within the city. If the licensee fails to provide proof of providing single family/multiple dwelling-individual household service hauling services to households as required herein by the end of the calendar year, (December 31 of all years), the license shall automatically terminate. Subd. 5. Mixed municipal solid waste and recycling fransfer station. It is unlawful for any person to operate or to permit another to operate a mixed municipal solid waste and recycling transfer station without a license or permit required therefor by Dakota County and the State of Minnesota--Minnesota Pollution Control Agency. It is unlawful for any person to operate or to permit another to operate a mixed municipal solid waste and recycling transfer station within the city in violation of any term or condition of a license or permit required therefor by Dakota County and the State of Minnesota--Minnesota Pollution Control Agency. Prior to the operation of a mixed municipal solid waste and recycling transfer station, the operator shall provide a copy of the license or permit issued by the county or state. The current license or permit shall be posted in a conspicuous location in the transfer station. Subd. 6. Construction and demolition debris waste transfer station. It is unlawful for any person to operate or permit another to operate a construction and demolition debris waste transfer station (hereinafter "transfer station") w ithin t he c ity, a xcept i n a I invited i ndustrial (I-1) district and only upon the council's granting of a conditional use permit. Any conditional use permit under this subdivision shall be subject to the provisions of section 11.40, Subd. 4, of this Code. All applications for conditional use permit for a transfer station shall include a detailed and scaled site plan specifying the dimensions, location, materials and design of the principal building. A transfer station permitted under a conditional use permit in accordance with this subdivision shall comply with the following requirements: 1. Construction or demolition debris waste transfer activity shall be incidental to the principal use on the property. 2. Only construction or demolition debris waste of buildings, including concrete, brick, bituminous concrete, untreated wood, masonry, glass, trees, rock, and plastic, building parts may be intermediately and temporarily stored onthe property to await transfer to another waste facility. 3. The waste capacity of the transfer station shall not exceed 120 tons per day and 37,440 tons per year and operation shall not exceed such waste capacity. 4. The transfer station shall have a maximum storage capacity of 100 cubic yards. 5. All operations of the transfer station shall be conducted within the principal building and no operation shall be conducted outdoors. All construction and demolition debris waste transferred to the property shall be removed from the property within 24 hours of arrival on the property, except that waste arriving on a Saturday shall be removed within 48 hours of arrival at the property. /~ i..~...~iu..o in2o9~rP,,,,,tatPCRrfn=document-frame.htm&q=trash%20haulers&x=Simple&2. 9/10/2003 NextPage LivePublish Page 5 of 5 6. No construction or demolition debris waste shall be stored, stocked or kept outside any building on the property for which the conditional use permit was issued. 7. The operations of the transfer station shall not produce any adverse noise, glare, fumes, odor, obnoxious products, byproducts, litter, waste or any other nuisance impacts. 8. No transfer station shall operate without a license or permit required therefor by any county or state agency or department having jurisdiction over any solid waste transfer system and no transfer system shall operate in violation of any term or condition of a license or permit required therefore by any county or state agency or department. 9. Prior to the operation of a transfer station permitted in accordance with this subdivision, the operator of the transfer station shall provide to the city a copy of any license or permit required or issued by any county or state agency or department having jurisdiction over a solid waste transfer station transfer system. 10. The transfer station and the property on which it is located shall be open at all times for inspection by the city, county, and state. (Code 1983, § 6.37, eff. 1-1-83; Ord. No. 93, 2nd series, eff. 12-15-90; Ord. No. 130, 2nd series, eff. 11-29-91; Ord. No. 136, 2nd series, eff. 5-15-92; Ord. No. 192, 2nd series, eff. 1-12-95; Ord. No. 210, 2nd series, eff. 2- 8-96; Ord. No. 213, 2nd series, eff. 3-14-96; Ord. No. 218, 2nd series, eff. 5-2-96; Ord. No. 222, 2nd series, eff. 9-12-96; Ord. No. 254, 2nd series, eff. 1-29-98; Ord. No. 274, 2nd series, eff. 4-29-99; Ord. No. 277, 2nd series, eff. 6-1-99; Ord. No. 288, 2nd series, § 1, 2-24-00; Ord. No. 294, 2nd series, §§ 1--3, 7-27-00; Ord. No. 322, 2nd series, §§ 1, 2, eff. 11-22-01; Ord. No. 350, 2nd series, §§ 1--4, eff. 7-25-02) /a3 ... ,,,.___ ,~,~~~~~..,,,„1..+ooR>fn-,~,,,.,,,,,,P„r_fi.a,,,P hrm:e~.n=trash%20haulers&x=Simple&2. 9/10/2003 AGENDA CITY OF EAGAN SPECIAL MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER NOVEMBER 18, 2003 I. CALL TO ORDER ''a,s II. ADOPT AGENDA I~I1. APPROVE MINUTES IV. OLD BUSINESS ~~ A. Resolution Approving Amended and Restated Development ® Agreement Relating to Tax Increment Financing District No.1 Between the Eagan Economic Development Authority and U.S. Home Corporation -Continue to December 1, 2003 V. NEW BUSINESS /~13yV1. OTHER BUSINESS Y ~~.3 f/VII. ADJOURNMENT ~a~ Agenda Information Memo November 18, 2003 Eagan Economic Development Authority Meeting I. CALL TO ORDER ACTION TO BE CONSIDERED: To recess the regular City Council meeting and convene a meeting of the Economic Development Authority. II. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the agenda as presented or modified. III. APPROVE MINUTES ACTION TO BE CONSIDERED: 1. To adopt a resolution approving the minutes of the October 28, 2003 EDA meeting as presented or modified. 2. To adopt a resolution approving the minutes of the November 6, 2003 EDA meeting as presented or modified. ATTACHMENTS: Enclosed on pages~.~~is a copy of the minutes of the October 28, 2003 EDA meeting and on pages ~,is a copy of the minutes of the November 6, 2003 EDA meetin Enclosed on pages ~ is a copy of the resolution approving the minutes of the October 28, 2003 EDA meeting and on pages ~_ is a copy of the resolution approving the minutes of the November 6, 2003 EDA meeting. /~ MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota October 28, 2003 A meeting of the Eagan Economic Development Authority was held on Tuesday, October 28, 2003 at 8:00 p.m. at the Eagan Municipal Center. Present were President Geagan and Commissioners Carlson, Fields, Maguire and Tillie. Also present were Executive Director Tom Hedges, Community Development Director Jon Hohenstein, City Attorney Bob Bauer and Administrative Assistant Dianne Lord. ADOPT AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to adopt the EDA agenda. Aye: 4; Nay: 0 (Councilmember Maguire not present at the time of the vote.) APPROVE MINUTES The adoption of minutes was postponed to the next regular EDA meeting. OLD BUSINESS RESOLUTION APPROVING AMENDED PURCHASE TERMS WITHIN THE DEVELOPMENT CONTRACT FOR KEYSTONE SENIOR HOUSING PROJECT PROPERTIES The City Council discussed a resolution to approve amended purchase terms within the development contract with Keystone Communities. Councilmember Carlson moved; Councilmember Fields seconded a motion to deny a resolution to amend the purchase agreement with Keystone Properties for properties located between Cedar Grove Boulevard, Silver Bell Road and Alder Lane to reimburse Keystone for attorneys fees up to $50,000 and to indemnify and hold Keystone harmless in any and all damages that may result from the lawsuit brought against the City and the Keystone Redevelopment Project by Doris Dahline. Aye: 5; Nay: 0 Assistant City Attorney Bauer summarized proposed modifications to the development agreement with Keystone Properties. Councilmember Carlson moved; Councilmember Tilley seconded a motion to recommend an amendment to the purchase terms with Keystone Communities as proposed, to include the following: A.) The City of Eagan and the Eagan Economic Development Authority agree to use their best efforts to correct and cure as soon as reasonably possible any non-monetary issue that arises as a result of claims made by Doris Dahline that frustrate or impede the development of the property as proposed by Keystone Communities of Eagan, LLC and previously approved by the City of Eagan and the Eagan Economic Development Authority; B.) The City of Eagan and the Eagan Economic Development Authority agree to reimburse Keystone Communities of Eagan, LLC for attorney's fees expended in the defense of the lawsuit initiated by Doris Dahline relating to the Cedar Grove Redevelopment Project undertaken by Keystone in an amount not to exceed [$50,000.00 - or such lesser number as the Council and EDA may propose]; /~6 C.) Direct the City Attorney to prepare an amendment to the development agreement incorporating the above terms and authorize the Mayor and the Clerk of the City and the President and Executive Director of the Eagan Economic Development Authority to execute such documents. Aye: S; Nay: 0 Assistant City Attorney Bauer noted that the proposed amendment has not been formally accepted to date by Keystone Properties. ADJOURNMENT Councilmember Maguire moved; Councilmember Tilley seconded a motion to recess as the EDA and reconvene as the City Council. Aye: 5; Nay: 0 Date Executive Director If you need these minutes in an alternative form such as large print, Braille, audio tape, etc, please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 6$1-4600 (TDD phone: (612) 454-8535. The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. /a~ MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota November 6, 2003 A meeting of the Eagan Economic Development Authority was held on Thursday, November 6, 2003 at 8:30 p.m. at the Eagan Municipal Center. Present were President Geagan and Conunissioners Carlson, Fields, and Maguire, Also present were Executive Director Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty, Administrative Secretary /Deputy Clerk McGarvey. ADOPT AGENDA Commissioner Tilley moved, Commissioner Maguire seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Tilley moved, Commissioner Fields seconded a motion to adopt a resolution approving the minutes of the October 21, 2003 regular EDA meeting as presented. Aye: 5 Nay: 0 OLD BUSINESS RESOLUTION APPROVING AMENDED AND RESTATED DEVELOPMENT AGREEMENT RELATING TO TAX INCREMENT FINANCING DISTRICT NO. 1 BETWEEN THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND U.S. HOME CORPORATION Community Development Duector Hohenstein recommended that, due to negotiations regarding the acquisition and clearance costs not being complete, action regarding the amended agreement be continued. Commissioner Carlson moved, Commissioner Tilley seconded a motion to continue consideration of a resolution approving an amended and restated development agreement relating to Tax Increment Financing District No. 1 between the Eagan Economic Development Authority and U.S. Home Corporation to the November 18, 2003 meeting. Aye: 5 Nay: 0 NEW BUSINESS APPROVE RESOLUTION TO CALL THE 2000 EDA BONDS Community Development Director discussed this item Commissioner Fields moved, Commissioner Maguire seconded a motion to approve the resolution to call for early retirement of the Series 2000 EDA bonds on February 1, 2004. Aye: 5 Nay: 0 DIRECTION REGARDING POSSIBLE VOLUNTARY SALES OF PROPERTY TO THE EDA IN THE NICOLS RIDGE SUBDIVISION AREA Community Development Director discussed this item. Commissioner Fields moved, Commissioner Maguire seconded a motion to approve authorization for staff to hold discussions regarding possible voluntary sales of property to the EDA in the Nicols Ridge Subdivision area. Aye: 5 Nay: 0 ~a a' OTHER BUSINESS SCHEDULE SPECIAL MEETING Commissioner Tilley moved, Commissioner Maguire seconded a motion to schedule a special meeting of the Eagan Economic Development Authority on Tuesday, November 18, 2003. Aye: 5 Nay: 0 ADJOURNMENT Commissioner Maguire moved, Commissioner Fields seconded a motion to adjourn the meeting at 8:35 p.m. Aye: 5 Nay: 0 Date Executive Director If you need these minutes in an alternative form such as large print, Braille, audio tape, etc, please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600 (TDD phone: (612) 454- 8535. The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. ia9 EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING THE MINUTES OF THE OCTOBER 28, 2003 SPECIAL MEETING BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the minutes of the October 28, 2003 special meeting of the Eagan Economic Development Authority. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Gene VanOverbeke, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a special meeting thereof assembled this 18th day of November, 2003. Gene VanOverbeke, Secretary/Deputy Executive Director /30 EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING THE MINUTES OF THE NOVEMBER 6, 2003 SPECIAL MEETING BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the minutes of the November 6, 2003 regular meeting of the Eagan Economic Development Authority. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Gene VanOverbeke, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a special meeting thereof assembled this 18th day of November, 2003. Gene VanOverbeke, Secretary/Deputy Executive Director /~/ Agenda Information Memo November 18, 2003 Eagan Economic Development Authority Meeting IV. OLD BUSINESS A. RESOLUTION APPROVING AMENDED AND RESTATED DEVELOPMENT AGREEMENT RELATING TO TAX INCREMENT FINANCING DISTRICT N0.1 BETWEEN THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND U.S. HOME CORPORATION ACTION TO BE CONSIDERED: To continue adoption of a Resolution Approving The Amended and Restated Development Agreement Relating to Tax Increment Financing District No.1 Between the Eagan Economic Development Authority and U.S. Home Corporation to the December 1, 2003 EDA meeting. FACTS: • At the Request of Delta Development, Inc. the EDA has adopted a resolution approving the assignment of the Development Agreement with Delta Development, Inc. ("Delta") relating to Tax Increment Financing District No. 1 in Cedar Grove Redevelopment Project to U.S. Home Corporation, which operates locally as Orrin Thompson Homes. • In addition to the assignment of the development rights and obligations, U.S. Home Corporation has requested changes to the Development Agreement that presented at a Special City Council meeting on September 9, 2003. • At its meeting of October 21, 2003, the EDA approved modifications of the architecture and finish materials from the design and finishes which were included in the Delta approvals, a shift of a small portion of the development from Phase 3 to Phase 2 and an extension of the performance timelines of one year to take into account the delay between the original Delta approvals and the current request for modifications. • U.S. Home has requested that costs associated with acquisitions for subsequent phases of the development be addressed in the current agreements. Under the Delta approvals, those issues were to be addressed when the developer was prepared to move forward on those phases. To address these issues, which primarily relate to the overall cost of acquisition and clearing of properties within the development area, U.S. Home requested and the City Council authorized the preparation of a Phase I environmental review on those properties. U.S Home agreed to pay the costs of the review and that work is ongoing at this time. ~a a Agenda Information Memo Page 3 November 18, 2003 Eagan Economic Development Authority Meeting Old Business • The final negotiations regarding the allocation of acquisition and preparation costs between the City and the developer have been on hold until the studies are complete and the likely costs are known. The studies have been received and negotiations regarding the final aspects of the TIF development agreement are in progress, but have not been concluded. • Because negotiations regarding the acquisition and clearance costs are not complete, it is recommended that the Council continue action on the amended and revised agreement. • In addition to the assignment and amendment of agreements, a number of development steps remain prior to construction of the project including satisfaction of Dakota County requirements for remediation of remaining environmental issues and application for and completion of Final Subdivision and Final Planned Development approvals. These can be processed concurrent with the other agreements, but are not complete at this time. /~ Agenda Information Memo November 18, 2003 Eagan Economic Development Authority Meeting VI. OTHER BUSINESS There is no other business to come before the EDA at this time. VII. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Commission meeting and reconvene the City Council meeting. /3M ~( November 6, 2003 Weissmann Homes, Inc. would like to invite the residents and property owners living near the Carriage Hills Golf Course to a neighborhood informational meeting. The purpose of the meeting is to provide information regarding the future of the C-olf Course, and current concept plans that are being considered for future housing development. At this time, no formal application has been made to the City of Eagan. We are still in the preliminary design stages. With the large number of property owners in the immediate area, the meeting has been split into two large groups of 350 each. The notification area are the properties located within 600' of the proposed development. The meetings will be held on two consecutive evenings. Your group has been scheduled: November 19, 2003 Dakota Hills Middle School Cafeteria 7:OOpm 4183 Braddock Trail Eagan, MN 55123 Handouts and information will be provided at the meeting. Sincerely, Wensmann Homes