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05/03/2005 - City Council Regular
AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING May 3, 2005 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE • II. ADOPT AGENDA (At approximately 8:00 p.m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA f~. . A. APPROVE MINUTES w.B. PERSONNEL ITEMS `q . C. CHECK REGISTERS e O.D. DECLARE the City of Eagan website as an additional official site for agenda publications 1 E. APPROVE Trash Hauler License for All-Star Disposal, Inc. F. APPROVE 2005 Tobacco License for James Tousignant (Valley Lounge) G. APPROVE disposal of obsolete computer equipment H. APPROVE Joint Powers Cost Share Agreement for Pictometry International Corporation General License Terms and Conditions 1. APPROVE Change Order 41, Contract 05-05, Cascade Bay Pool Repairs aq. J. APPROVE policy changes to the Eagan Community Center K. APPROVE 2005 Tobacco License for Charles Jacobs to sell tobacco products at New-Mart, Inc., 1969 Silver c' Bell Road 3b L. ADOPT 2005 Parks Capital Improvement Plan 4P M. APPROVE Mutual Police Assistance Agreement for enforcement of traffic safety laws 5$. N. AUTHORIZE purchase and approve funding source for mobile command replacement vehicle j.S, O. APPROVE Change Order 912, Contract 03-09, Water Treatment Plant Expansion V. PUBLIC HEARINGS A. EASEMENT VACATION - Public Drainage and Utility Easement, Lots 4 & 5, Block 1, Halley's I" Addition -1D,B. CERTIFICATION -Delinquent False Alarm Bills - U .C. CERTIFICATION - Delinquent Utility Bills VI. OLD BUSINESS A. ORDINANCE - Consider adoption of an ordinance terminating the moratorium restricting the issuance of off-sale liquor licenses established by Ordinance No. 383, Interim Use: Alcoholic Beverages Licensing Study. VII. NEW BUSINESS rdq -A. APPOINTMENT - Cedar Corridor Transportation Infrastructure Improvement Group and Technical Advisory Committee B. CONDITIONAL USE PERMIT - Opus Northwest - Schwan's - Conditional Use Permit to allow outdoor storage of delivery trucks and an LP tank at 3707 Kennebec Drive in the SE '/4 of Section 18. C. CONDITIONAL USE PERMIT AND VARIANCE McDonald's - A Conditional Use Permit to rebuild a Class II Restaurant with a drive-thru service. A Variance request of 5.67' to the maximum required building height of 24' to rebuild the McDonald's and a Variance to exceed the maximum building setback of 10' for property located at 1995 Silver Bell Road in the SW of Section 17. taa . D. DISPOSAL OF CITY PROPERTY - City of Eagan - Disposal of City Property to the MN Department of Natural Resources (DNR) parcel located in Fort Snelling State Park area North of Nicols Road in the SW '/e of Section 18. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ADMINISTRATIVE AGENDA A. Comments by City Council, City Administrator, and Department Heads Q . X. NEW RUNWAY/AIRPORT UPDATE XI. ECONOMIC DEVELOPMENT `S The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA') may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS 1. Resolution to Approve a Purchase Agreement for the Former Baskin Robins Property (John Bunkers), 3989 Cedarvale Boulevard. E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURNMENT XII. VISITORS TO BE HEARD (for those persons not on agenda) XIII. CLOSED SESSION XIV. ADJOURNMENT 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. 401~ City of Ema To: HONORABLE MAYOR & COUNCILMEMBERS From: CITY ADMINISTRATOR HEDGES Date: APRIL 15, 2005 Subject: AGENDA INFORMATION FOR MAY 3, 2005 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the May 3, 2005 City Council agenda, the following items are in order for consideration. 1 Agenda Information Memo May 3, 2005 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the April 19, 2005 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the April 19, 2005 regular City Council meeting are enclosed on pages through 10 . • Minutes of the April 26, 2005 Special City Council meeting are enclosed on pages 1 through. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL I)I?AFr Eagan, Minnesota April 19, 2005 A Listening Session was held April 19, 2005 at 6:00 prior to the regular City Council meeting. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on April 19, 2005 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Fields, Tilley, Carlson and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Maguire moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay:0 RECOGNITIONS AND PRESENTATIONS OATH OF OFFICE Mayor Geagan administered the Oath of Office to recently hired Police Officers Brian Boekhoff, Daniel Roseth and Robbe Waller. CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the April 5, 2005 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Tim Plath as a Transportation Engineer. 2. It was recommended to approve the hiring of Mary Kay Kelley and Alex Phillips as part-time guest services representatives at the Community Center. 3. It was recommended to approve hiring of Christopher Buntjer, Deb Buntjer, Melissa Buntjer, Meghan Chappius, Amanda Grittner, Gabrielle Johnson, Nick Landauer, Christie Mason, Matt Mason, Mike Mason, Jill Petsigner, Alexander Phillips, Austin Phillips, Conor Pierce, Amber Stevenson, Kevin Stevenson and Kyle Stevenson as part-time seasonal concessions workers. C. Check Re isg ters. It was recommended to ratify the check registers dated April 7, 2005 and April 14, 2005 as presented. D. Naming Depositor. It was recommended to adopt a Resolution Designating US Bank as Depository and Naming Authorizing Check Signers. E. County Road Turn back. It was recommended to approve a jurisdictional turn back agreement with Dakota County and Inver Grove Heights for County Road 63 (Baffin Trail) and authorize the Mayor and City Clerk to execute all related agreements. F. Contract 05-06. It was recommended to award Contract 05-06 (1-35E Crossing / Pearlmonth Heights/ Quarry Park - Trunk Water Main Improvements) to G.L. Contracting Inc., for the base bid only in the amount of $358,759.72 and authorize the Mayor and City Clerk to execute all related documents. G. Surplus Property. It was recommended to declare bicycles, unclaimed property and miscellaneous City property to be surplus and sold at the Burnsville city auction on May 7, 2005. H. Contract with Burnsville. It was recommended to approve a contract with thee City of Burnsville for auction services in conjunction with the City of Burnsville auction to be held on May 7, 2005. 1. Name Change= Liquor License. It was recommended to approve a name change on the liquor license for Starks Saloon, located at 3125 Dodd Road to Rickey's Cafd/Starks Saloon. J. Change in Business Structure. It was recommended to approve a change in business structure (ownership) of off-sale 3.2 percent malt liquor license from RBF Corporation of Wisconsin (Corporation to RBF, LLC of Wisconsin (Limited Liability Company). K. Name Change - Tobacco License. It was recommended to approve a change in name for the 2005 Tobacco License from RBF Corporation of Wisconsin to RFB, LLC of Wisconsin. 3 Eagan City Council Meeting Minutes DRAFT April 19, 2005 Page 2 L. Temporary On-Sale Liquor License. It was recommended to approve a temporary on-sale liquor license for Faithful shepherd Catholic School and waive the $150.00 license fee. M. Final Subdivision. It was recommended to approve a Final Subdivision (Pearlmont Heights) of 12.44 acres to create 51 lots, for property located at 1565 and 1535 Violet Lane in the NE '/4 of Section 16; and approve a Final Planned Development to create 24 twinhome buildings (48 units) with reduced setbacks on property located at 1565 and 1535 Violet Lane in the NE '/4 of Section 16;subject to conditions in the staff report. N. Final Planned Development. It was recommended to approve a Final Planned Development to allow a daycare facility on the Blue Cross Blue Shield campus, Lot 3, Block 1, Blue Cross Addition. 0. Final Subdivision. It was recommended to approve Final Subdivision (Cedar Bluff Business Center) of 5 acres to create 2 lots for property located at 3070 Lexington Avenue. P. Final Planned Development. It was recommended to approve a Final Planned Development (Eagan Pet Clinic) to construct a new veterinarian clinic located at 4395 Rahn Road in the NW '/4 of Section 29. Q. Final Planned Development. It was recommended to approve a Final Planned Development for a 30,000 SF Class A office building on Lot 4, Block 1, Grand Oak Five located in the SE 1/4 of Section 2. R. Final Planned Development. IT was recommended to approve a Final Planned Development for a 13,000 SF retail/restaurant in two buildings on Lot 3, Block 1, Grand Oak Five located at the SE '/4 of Section 2. S. Final Planned Development. It was recommended to approve a Final Planned Development for a 20,000 SF Bank with drive through on Lot 2, Block 1, Grand Oak Five located in the SE '/4 of Section 2. T. Application for Assistance to Firefighters Grant. It was recommended to approve an application for the Assistance to Firefighters Grant (AFG). U. EDC Recommendation. It was recommended to approve a recommendation by the EDC to participate in the Twin City Community Capital Fund at the $200,000 level, to close out the City's current revolving loan fund and authorize the Mayor and City Clerk to execute the participation documents. V. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements on Lot 1, Block 1, Hawthorne Ridge and schedule a public hearing to be held on May 17, 2005. W. Arbor Month. It was recommended to acknowledge Eagan as the recipient of the 2005 Tree City USA Award from the National Arbor Day Foundation, and approve the Arbor Day Resolution setting Saturday, May 14 as Arbor Day and May, 2005 as Arbor Month in the City of Eagan. X. Award Bid. It was recommended to award the bid for a new 2005 tanker truck chassis to the low bidder meeting the requirements of the specifications and also fulfilling the requirements for bidding; Allstate Sales Inc., for the bid amount of $54,094.00. Y. Tree Maintenance Contractor License. It was recommended to approve a Tree Contractor License for Aspenwall Tree Service, 9011 Portland Avenue, Bloomington. Councilmember Maguire moved, Councilmember Fields seconded a motion to approve the consent agenda with the exception of item Z. Aye: 5 Nay:O Item Z was pulled for discussion. A brief discussion was held regarding tree contractors working with utility companies doing tree maintenance throughout the City. It was the consensus of the Council that a license should be required. Z. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve a Tree Contractor License for Asplundh Tree Expert Company, 8236 Arthur St., NE, Spring Lake Park. PUBLIC HEARINGS PROJECT 800R, CEDAR GROVE ACCESS MODIFICATIONS FINAL ASSESSMENTS City Administrator Hedges introduced this item regarding the Final Assessment Roll for Project 800R (Cedar Grove Access Modifications). Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Eagan City Council Meeting Minutes April 19, 2005 T Page 3 Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 800R (Cedar Grove Access Modifications) and authorize its certification to Dakota County for Collection and authorize a deferment of collection subject to execution of the required deferment agreement. Parcel K (PID 10-44450-090-01) was excluded from the assessment roll. Aye: 5 Nay: 0 OLD BUSINESS CONFIRM EAW ADEQUACY, WETLAND REPLACEMENT, REZONING, PRELIMINARY SUBDIVISION, PRELIMINARY PLANNED DEVELOPMENT (STEEPLECHASE) - TOLL BROTHERS City Administrator Hedges introduced this item regarding an EAW, wetland replacement plan, rezoning, preliminary subdivision and preliminary planned development for property located at 4889 Pilot Knob Road. City Planner Ridley gave a staff report. Public Works Director Colbert discussed the proposed roadway network system. Eric Macbeth, Water Resources Coordinator, discussed the Technical Evaluation Panel (TEP) review of the wetland replacement plan. Joey Zorn, Toll Brothers, discussed the revised plans for the proposed townhouse units. Councilmembers and Mr. Zorn discussed the proposed townhome front setbacks as portions of some cars parked in driveways may encroach into the public right of way. Fifteen residents of the area spoke expressing concerns in regard to the extension of Wellington Way to Pilot Knob Road; possible emergency access via a bike path; traffic related concerns; lack of notification of original buyers of property on Wellington Way that a future connection to Pilot Knob Road was planned; the EAW and the wetland replacement plan; high water mark; tree loss; the conservation easement and legal protection should damage occur to the pond (LP7.2). An attorney representing the neighborhood discussed his opinion in regard the inadequacy of the wetland replacement plan. Four residents spoke in favor of the connection of Wellington Way to Pilot Knob Road. Staff responded to questions raised by the residents. The City Attorney addressed liability concerns in regard to pond LP7.2. Councilmembers discussed the issues raised by the residents which included a detailed discussion of the proposed Wellington Way extension. The recommendation of the Dakota County Plat Commission was also discussed. The Council determined that the Wellington Way connection was necessary to respond to Dakota County and the larger area. Councilmember Fields discussed the need for traffic calming and limiting construction traffic. Councilmember Tilley moved, Councilmember Maguire seconded a motion to confirm the adequacy of the Steeplechase EAW. Aye: 5 Nay: 0 Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the Wetland Replacement Plan with TEP recommendation dated February 15, 2005. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a Rezoning of 37 acres located at 4889 Pilot Knob Road from A, Agriculture to PD, Planned Development. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Steeplechase of Eagan) to create 56 lots and a Variance to the cul-de-sac length (650' and 800') for property located at 4889 Pilot Knob Road, 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: Al, B1,2,3,4, C1,2,3 D1, and E1 2. The property shall be platted. 3. The site shall be graded to maintain slopes of 3:1 or gentler on graded slopes. 4. All retaining walls shall be located on private property, outside of public right-of-way, and maintained privately by property owners. 5. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. 5 Eagan City Council Meeting Minutes DRAFT 19, 2005 F T Page 4 6. The developer shall install outlet skimmer structures in accordance with City engineering standards on all existing and proposed outlet pipes of ponds with wet pond volumes, including the existing pipe outlet on Pond LP-56 in the southeast corner of the site. 7. The sanitary sewer lift station shall be constructed in accordance with City engineering standards. 8. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 9. The open area surrounded by proposed Steeplechase Circle shall be dedicated as public right-of- way with perpetual maintenance the responsibility of the homeowners association. A Maintenance Agreement shall be prepared, in a form acceptable to the City Attorney. 10. This development shall provide a public street connection to the 5-acre parcel to the northeast (Parcel 050-29), as shown on the preliminary site plan (County plat approval requirement). 11. This development shall dedicate public right-of-way along Pilot Knob Road (County Road 31) as required by Dakota County (County plat approval requirement). 12. The development shall dedicate restricted access to Pilot Knob Road on the final plat for the subdivision, except in the area of the connection of the development's street (County plat approval requirement). 13. A variance to the County access spacing guidelines for the development's street intersection with Pilot Knob Road shall be granted by Dakota County prior to final subdivision approval (County plat approval requirement). 14. The developer shall dedicate temporary street easement on proposed Lot 8, Block 2 and Lot 1, Block 3 for the temporary cul-de-sac in a form acceptable to the City Attorney. 15. The Final Subdivision plans shall add lot numbers to the common area as discussed in the report. 16. A sign easement in a form acceptable to the City attorney shall be submitted with Final Subdivision for the sign on Lot 1, Block 2. 17. The developer shall submit Homeowner Association documents to the City Attorney for review and approval, prior to Final Subdivision approval including transfer of all common area to the HOA. 18. The park dedication shall be satisfied through a cash dedication. 19. The development shall dedicate conservation easements to the City over those portions of the site described as Conservation Easements on the Site Plan in a form acceptable to the City Attorney while maximizing the conservation easement adjacent to Pond LP7.2 20. The developer shall install an 8 foot wide bituminous connector trail extending from the existing west Pilot Knob boulevard trail, south and west to the existing County trail, within a 15 foot easement, to be dedicated to the City in a form acceptable to the City Attorney. Said trail shall be built to City standards with the alignment to be determined in consultation with City and County staff. Said trail corridor to be established prior to the construction of homes. All required walls, guard rails, fencing and other safety features shall be the responsibility of the developer. 21. The trail dedication shall be satisfied with a credit of $10 per lineal foot being given for the new connector trail, any balance due paid in cash. Said trail to be constructed per approved Site Plan; however, the credit may not exceed what would be required as a total cash trail dedication. 22. The applicant shall fulfill the required tree mitigation through the installation of five-hundred thirty-four (534) Category B trees, or an equivalent combination of Category A, B, or C trees. 23. A long-term tree survival plan shall be prepared by a certified arborist and implemented on all trees with encroachment into the CRZ. The applicant shall communicate with city forestry staff in the actual placement of tree protection fence around these trees. 24. In order to utilize a "floating number" system pertaining to the final number of mitigation trees required, complete fulfillment of all required mitigation to be installed prior to final project completion. 25. The applicant shall continue to work with city staff to identify additional opportunities for preservation during the development and construction process. 26. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be required to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 27. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 28. Stormwater runoff from approximately 87 percent of the site (33.8 acres) shall be treated onsite via a series of constructed ponds and existing wetlands. Minimum volume requirements for such treatment shall be in accordance with the City's water quality management plan. 29. A cash dedication in lieu of ponding shall be required for the 4.9-acre area of the parcel that is proposed to drain off site to the northwest, west, southwest, south, and southeast without any treatment. Eagan City Council Meeting Minutes April 19, 2005 RAF T Page 5 30. Minimum 30-foot natural buffers shall be provided next to wetlands on the site to support the City's Class IV-Wildlife Habitat designation of these waterbodies. 31. City water resources staff shall be involved in any on-site pre-construction, pre-grading meetings to review and coordinate approved plans. 32. Wetland replacement mitigation is to take place within the City of Eagan, where possible. 33. Wellington Way shall be connected to Pilot Knob Road. 34. Wellington Way connection does not open for traffic until 80% of the homes have been issued a Certificate of Occupancy. 34. Construction vehicles will be prohibited from going through Wellington Way from Pilot Knob Road. 35. Traffic calming measures will be incorporated in the design of the connection that meets the approval of the Director of Public Works. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Preliminary Planned Development to create 37 single family units, and 58 townhouse condominium units for property located at 4889 Pilot Knob Road subject to the following conditions: Aye: 5 Nay: 0 1. The applicant shall enter into a Preliminary Planned Development Agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits are necessary for the Agreement: • Final Site Plan • Final Building Elevations Plan • Final Tree Preservation Plan • Final Landscape Plan • Final Lighting Plan • Final Signage Plan • Final building coverages for each lot (table form) 3. Wellington Way shall be connected to Pilot Knob Road. 4. Wellington Way connection does not open for traffic until 80% of the homes have been issued a Certificate of Occupancy. 5. Construction vehicles will be prohibited from going through Wellington Way from Pilot Knob Road. 6. Traffic calming measures will be incorporated in the design of the connection that meets the approval of the Director of Public Works. MODIFICATIONS TO EXTERIOR ELEVATIONS - EISENHUTH ORTHODONTICS City Administrator Hedges introduced this item regarding modifications of the approved exterior elevations for the Eisenhuth Orthodontics building located on Lot 6, Block 1, Birchwood Office Park. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve modifications of the approved exterior elevations for the Eisenhuth Orthodontics building located on Lot 6, Block 1, Birchwood Office Park. Aye:5 Nay:0 NEW BUSINESS PRELIMINARY SUBDIVISION (KENNEALY ADDITION) - ESTATE OF JOSEPH KENNEALY City Administrator Hedges introduced this item regarding a preliminary subdivision to create one lot and one outlot, and a Variance to the required structure setback from a public right-of-way, upon 2.0 acres located at 2115 Silver Bell Road. City Planner Ridley gave a staff report, reviewing changes made since the initial review of the proposed subdivision by the Advisory Planning Commission. He also discussed staff s position that a single-entry residential use may be preferred. I Eagan City Council Meeting Minutes April 19, 2005 RAF T Page 6 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve preliminary a subdivision to create one lot and one outlot, and a Variance to the required structure setback from a public right-of-way, upon 2.0 acres located at 2115 Silver Bell Road, in the SE '/4 of Section 18, 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. 2. The property shall be platted. 3. The applicant shall provide proof of ownership of the exception parcel west of the site, in a form acceptable to the City Attorney. If such property is also owned by the owner of the development site, it must be included within the final plat and incorporated into Lot 1, with sufficient dedication of public right-of-way to achieve a 50 foot width for Wuthering Heights Road. 4. The refuse, commercial vehicle and junk vehicle storage shall be removed from the property or brought into compliance with City ordinance requirements prior to final subdivision approval. 5. This development is responsible for cash parks, trails and after quality dedications for Outlot A, payable at the time of final plat approval, at the rates then in effect. Councilmember Fields moved, Councilmember Maguire seconded a motion to direct staff to initiate a rezoning of the eastern half of the site (Outlot A) to R-4, Residential Multiple. Aye: 5 Nay: 0 ADVISORY COMMISSION APPOINTMENTS City Administrator Hedges discussed the interview process that had taken place on April 12 and 14, 2005. Assistant to the City Administrator Miller explained the ballot matrix that would be used for voting on members for each commission. Councilmembers were provided with ballots. The results were as follows: Advisory Planning Commission (APC) 3-year Term 1. Jennifer Mathees 1-year Alternate Term 1. Dana Keeley Advisory Parks and Recreation Commission(APrC) 3-year Term 1. Duane Hanson 2. Richard Pletcher 3. Joseph Bari 1-year Alternate Term 1. Ryan Zipf Economic Development Commission (EDC) 3-year Term 1.Wayne Gilbert 2. Kimberly Feller 3. Terry Creegan 0 Eagan City Council Meeting Minutes April 19, 2005 DRAFT Page 7 2-year Term 1. Leslie Bromley 1-year Alternate Term 1. Bilal Murad Airport Relations Commission (ARC) 3-year Term 1. Tammy Mencel 2. Charles Thorkildson 3. Jason Bonnett 1-year Term 1. Curtis Alijets 1-year Alternate Term 1. Jack Prentice Burnsville/Eagan Telecommunications Commission (BETC) 3-year Term 1. Jody Mikasen 2. Michael Owens 1-year Alternate Term 1. Robert Peterson Councilmember Fields moved, Councilmember Tilley seconded a motion to ratify appointments to the advisory commissions. Aye:5 Nay:0 APPOINTMENT OF MEMBER TO THE BOARD OF DIRECTORS OF THE CAPONI ART PARK City Administrator Hedges discussed the need for a City appointment to the Caponi Art Park Board of Directors. Councilmember Carlson moved, Councilmember Fields seconded a motion to appoint Councilmember Mike Maguire to the Board of Directors of the Caponi Art Park. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - CITY OF EAGAN City Administrator Hedges introduced this item regarding an ordinance amendment to Chapter 6, Section 6.53 regarding the temporary outdoor sales of fireworks. Community Development Director Hohenstein gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to adopt an Ordinance Amendment suitable for publication to Chapter 6, Section 6.53 regarding the Temporary Outdoor Sales of Fireworks. Aye:5 Nay: 0 l Eagan City Council Meeting Minutes April 19, 2005 Page 8 DRAFT ADMINISTRATIVE AGENDA City Administrator Hedges stated the City had received a copy of a Motion to District Court by a Petitioner Thomas King vs. the Eagan Charter Commission to dissolve the Eagan Charter Commission in accordance with its By-Laws. He also stated the City had received a request from the Charter Commission for funds to pay for legal representation in this matter. Councilmembers, staff and the City Attorney held a brief discussion and it was determined that the City would not be responsible for fees for legal representation for the Charter Commission. REDEVELOPMENT DISTRICT UPDATE Community Development Director Hohenstein provided an update regarding the City's redevelopment districts. NEW RUNWAY / AIRPORT UPDATE Assistant to the City Administrator Miller provided a written new runway/airport update. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Maguire moved, Councilmember Fields seconded a motion to adjourn the regular City Council meeting at 12:00 a.m. Aye: 5 Nay: 0 Date Administrative Secretary / 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. l~ MINUTES SPECIAL CITY COUNCIL MEETING APRIL 26, 2005 5:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, Maguire and Tilley. Staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Director of Public Works Colbert, Police Chief Therkelsen, Fire Chief Kriha, Parks and Recreation Administrative Coordinator Mesko, and Parks Superintendent Olson. 1. AGENDA ADOPTION Councilmember Maguire moved, Councilmember Fields seconded a motion to adopt the agenda with the inclusion of a discussion regarding correspondence about a petition for a sidewalk on Denmark Avenue. Aye: 5, Nay: 0 The City Council discussed correspondence received about a petition for a sidewalk on Denmark Avenue. City Administrator Hedges provided some background on the petition and distributed an email from a resident regarding the issue. City Administrator Hedges noted that he responded to the email, and that a letter is being sent to the 220 residents that live in the area to further explain the process surrounding the petition request. II. VISITORS TO BE HEARD There were no visitors to be heard. III. IMPACT OF THE NEW RUNWAY / PRESENTATION BY THE MAC STAFF City Administrator Hedges introduced the item noting that per the direction of the Council, Chad Leqve, Manager of the Aviation Noise and Satellite Programs for the MAC, has been invited to give a brief presentation on the impact of the new Runway 17-35, scheduled to open in October of this year. Mayor Geagan recognized Representatives Wardlow and Wilkin in the audience as well as members of the Airport Relations Commission. Mr. Leqve provided a presentation to the Council on the impact of the new runway. Mr. Leqve also recognized Scott Scramstad and Melissa Skovronski of the MAC staff, both of whom were in attendance. The City Council discussed the new runway with MAC staff, legislative representatives and the Airport Relations Commission members. Mr. Leqve commended the City for its work on the community open houses, and noted that Eagan has been on the forefront of communication efforts with regard to the runway. There was City Council consensus that the 1l City must establish a strategy as to how to address residents concerns after the opening of the runway. Councilmember Carlson requested a map showing the contour lines beyond the 60 DNL contours. Mr. Leqve noted that such a map could be created; however, he reiterated that contour lines are not measured beyond the 60 DNL and, therefore, the contour lines would not be exact. Mayor Geagan left the meeting at 6:00 p.m. The City Council thanked the MAC staff for there assistance on the community open houses and for making their presentation to the City Council. IV. OFF-SALE LIQUOR LICENSES City Administrator Hedges introduced the item noting that at the March 8 City Council meeting, staff was directed to develop a list of criteria that other cities use as a basis in reviewing and approving off-sale licenses. Director of Administrative Services VanOverbeke provided the history regarding off-sale liquor licenses in Eagan. He noted that notification was sent to the 14 existing license holders as well as others who have expressed a recent interest in obtaining an off-sale license, inviting them to attend the April 26 Council meeting. The City Council discussed the current moratorium on off-sale liquor licenses and whether they should restrict the number of licenses. The Council further discussed the various options available for liquor license restrictions. The City Council took testimony from current liquor license holders regarding their input on regulations on the number of liquor licenses available. There was City Council consensus to keep the ordinance in its current state and to lift the current moratorium on off-sale liquor licenses. Councilmember Carlson moved, Councilmember Tilley seconded a motion to direct that an agenda item be placed on the May 3 City Council meeting for the City Attorney to prepare an ordinance with regard to off-sale liquor license to keep the current off-sale liquor license process in place and to remove the current moratorium on off-sale liquor licenses. Aye: 4, Nay: 0 V. TECHNOLOGY TASK FORCE UPDATE / RECOMMENDATIONS City Administrator Hedges introduced the item noting that on March 16, 2004 the Eagan City Council approved the creation of a Technology Task Force to determine the current level of Internet connectivity in Eagan and make recommendations to the City Council. Hedges added that the City Council asked Communications Director Garrison to come back at a subsequent work session with the recommendation for the structure of an ongoing technology advisory body. Communications Director Garrison presented a recommended structure for the Eagan Technology Working Group to the City Council. The City Council discussed the recommendation and noted that they would like the frequency of meetings to be dependent on the groups work plan. The Council also asked that the r0-~ openings on the working group be published in local newspapers, Chamber newsletters, etc. Ruthie Batulis, NDC Chambers Executive Director, gave her perspective on the Eagan Technology Working Group and thanked the City Council and all the participants for their work on the Technology Task Force. Councilmember Maguire moved, Councilmember Tilley seconded a motion to direct staff to proceed with advertising and gathering of interested applicants for the Technology Working Group. Communications Director Garrison noted to the City Council that an RFI for wireless providers has been issued and a recommendation will be brought back to the City Council in the near future. VI. PUBLIC POLICY ISSUES REGARDING 800 MHZ City Administrator Hedges introduced the item noting that on March 8, 2005 the City Council heard a presentation on the expansion of the Metropolitan 800 MHz system to include Dakota County Public Safety and Public Works agencies. Police Chief Therkelsen noted that since March, the planning process has continued with technical and policy groups working on design and policy for the county-wide network and also for a consolidated dispatch facility. The Chief noted that staff will be back to the City Council in May with a recommendation on a PSAP concept. Therkelsen also noted that the HiPP group will have a single proposal/recommendation by this May. It was requested by the City Council that staff come back with pros and cons for the City of Eagan with regard to the 800 MHz decision. This item was for discussion purposes only. No action was taken. VII. REPLACEMENT OF COMMAND VEHICLE City Administrator Hedges introduced the item noting that the Police and Fire Departments have identified the need to replace the City's existing command vehicle, a 1974 school bus that was converted to public safety use in 1979 and can no longer function in this capacity. Hedges commended the Police and Fire Departments for working together in preparing a proposal for a jointly used mobile command vehicle. Police Chief Therkelsen and Fire Chief Kriha provided a joint presentation on how the current command vehicle is used as well as how a new vehicle could be used. Kriha provided an overview of the needs assessment in Eagan and the surrounding area. The City Council discussed financing options for such a vehicle. City Administrator Hedges noted that it is suggested that funding come from the equipment revolving fund balance. Councilmember Carlson moved, Councilmember Tilley seconded a motion to direct consideration of the replacement of the existing command vehicle to the May 3 City Council meeting. Aye: 4, Nay: 0 The City Council requested that additional detail on the specifications of the vehicle being considered be brought to the May 3 meeting. 13 VIII. PUBLIC POLICY ISSUES ASSOCIATED WITH THE PARKS SYSTEM PLAN FINDINGS City Administrator Hedges introduced the item, noting that the APrC and staff have been working with CEHP, Inc. to guide the City through the next consideration of the parks master planning process. Members of the APrC present at the workshop introduced themselves. APrC Chair Terry Davis provided an update on the parks systems plan findings thus far. The City Council and the APrC jointly discussed the findings. It was noted that the 20/20 Vision Plan is expected to be presented for APrC recommendation on June 20 and Council action on June 21. Chair Davis noted that this update is informational and no formal direction is needed. IX. 2005 PARKS CIP City Administrator Hedges introduced the item noting that typically the CIP submitted to the City Council consists of the current year and projections for the next 5 years. However, future years beyond 2005 were not included in this review pending the completion of the 20/20 Vision master plan currently underway. APrC Chair Davis provided an overview of the proposed CIP. Parks Superintendent Olson responded to questions that the City Council had with regard to the CIP. The City Council discussed the CIP, including the proposed picnic/program shelter at Wescott Square. Parks Superintendent Olson noted that Wescott Square owners have made a contribution of $1,200 towards the shelter. The City Council discussed what the appropriate level of contribution from the owners should be. It was suggested that perhaps a larger contribution should be made over an extended period of time, and/or funding could be received for the project via service organizations. The City Council noted that in future years, the CIP should come to the City Council earlier in the year, perhaps in February. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the 2005 Parks CIP with the exception of the shelter at Wescott Square. Also included in the motion was direction to staff to complete a report on solicitations with regard to the shelter at Wescott Square, including feedback from property owners and availability of CDBG funds to be used towards the project. The Council directed that the consideration of the Wescott Square shelter, along with the requested report, be brought back to the City Council at their June 13 Special City Council meeting. Aye: 4, Nay: 0 The City Council requested that in future years, specific site maps be included in the Parks CIP process (playground equipment, etc.), it was also suggested that Central Park discussions be included in next year's CIP process. N X. WETLAND REPLACEMENT PLAN (DISCUSS CITY ORDINANCE IN LIEU OF STATE WATER RESOURCES PLAN) City Administrator Hedges introduced the item noting that in January 2005 the Advisory Parks and Recreation Commission directed the Natural Resources Subcommittee to meet with them to discuss the possible development of a Wetland Protection and Management Plan for the City of Eagan, which could result in a local ordinance in lieu of the Minnesota Wetland Conservation Act Rules. APrC Chair Davis and Vice Chair Peterson added that at their February 2005 meeting, the APrC considered the feedback from the Natural Resources Subcommittee and also heard comments from the cities of Rosemount and Burnsville, both of which have had Wetland Protection and Management Plans for a number of years. The City Council discussed the possibility of a local ordinance with regard to the Wetland Replacement Plan. The Council requested, in the absence of Water Resource Coordinator Macbeth, that he prepare an outline/process as to the comparative advantages and disadvantages of a local ordinance in lieu of the Minnesota Wetland Conservation Act Rules. Councilmember Carlson moved, Councilmember Tilley seconded a motion to proceed with an RFP process on the possible creation of a local ordinance in lieu of the Minnesota Wetland Conservation Act Rules. Aye: 4, Nay: 0 XI. REVIEW 2005-2006 CITY COUNCIL GOALS AND WORK PROGRAM The City Council had no questions of City Administrator Hedges with regard to the update provided on the goals and work plan. XII. OTHER BUSINESS Councilmember Carlson inquired about the City's final General Fund balance for 2004. City Administrator Hedges noted that he would forward information regarding the 2004 General Fund Budget to the City Council. XIII. ADJOURNMENT The City Council adjourned at 8:30 p.m. `S Agenda Information Memo May 3, 2005 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Part-time Guest Services Representatives/Community Center-- ACTION TO BE CONSIDERED: To approve the hiring of Lisa Fritze and Melissa Otte as part-time guest services representatives at the Community Center. Item 2. Part-time Seasonal Recreation Leaders-- ACTION TO BE CONSIDERED: To approve hiring of Justin Albers, Jackie Carlson, Jenifer Culbertson, Lindsey Dulin, Maggie Elliott, Nicole Farlee, Kristin Giles, Kalin Laurent, Travis Laurent, Katherine Maruish, Dana Mueller, Kelli Schlittler, Jennifer Sparks, Amber Stevenson and Stephanie Westerlund as part- time seasonal recreation leaders. Item 3. Part-time Seasonal Recreation Assistants— ACTION TO BE CONSIDERED: To approve hiring of Erick Bertelsen, Kevin Blake, Steven Bringgold, Melissa Boehmer, Stephanie Carll, Joe DeFrance, Katy Donndelinger, Lauren Donovan, Angela Dooley, Laura Farlee, Luke Garrison, Allison Girres, Paul Hanninen, Andrew Johnson, Nicholas Landauer, Kathryn Mustonen, Emily Pollock, Meghan Sparks, Matt Steele, Kevin Stevenson, Aaron Strey, Aleecia Svien and Megan Williams as part-time seasonal recreation assistants. Item 4. Part-time Seasonal Recreation Program Assistants— ACTION TO BE CONSIDERED: To approve hiring of Meghan Chappuis and Christie Mason as part-time seasonal recreation program assistants. Item 5. Summer Supervisor/Civic Arena-- ACTION TO BE CONSIDERED: To approve hiring of John Reich as a summer supervisor at the Civic Arena. Item 1. Job Descriptions Re-Evaluated ACTION TO BE CONSIDERED: To ratify the implementation of the new job description evaluation system initiated in May 2004. 10 Agenda Information Memo May 3, 2005 Eagan City Council Meeting FACTS: ■ The City of Eagan hired consultant group Riley, Dettmann & Kelsey in the Spring of 2004, to introduce their job evaluation system "JES" (RDK) to replace the existing Time Spent Profile System "TSP", utilized for over 20 years. ■ Over the past year, employees, managers, Directors, HR and the consultant reviewed and updated all 115 job descriptions and re-evaluated them based on the new system. ■ On April 6, 2005, the new system was explained to all City employees, and how they would be affected by the new way of defining job descriptions. ■ On April 26, 2005, the Personnel Committee was updated on the implementation of the system. ATTACHMENTS: A~-~written copy of the presentation given to employees on April 6, 2005 is enclosed on page 17 INTRODUCING 'JES' Now that the JDQ's are completed, we are ready to implement the new system for evaluating jobs. It is called the "Job Evaluation System", created by consultants Riley, Dettmann & Kelsey, a company offering compensation strategies and related services. We will refer to this system as 'JES': "JES" replaces the old system with the acronym "TSP". JES has 20 levels (with the City Administrator at Level 20) all other employees are classified at Levels 1 through 19. JES takes into account the following factors to assign a value or "Level" to a particular job. Those factors include: • Formal Preparation and Experience • The impact of Decision Making • Thinking Challenges and Problem Solving • Interactions and Communications • Work Environment This methodology creates a total point profile based on the breadth and depth in each position, based on how the above factors relate to a specific job. Based on how questions are answered on the JDQ determines the Level of JES. Here in Eagan, as the JDQ's were being developed, the employee had extensive opportunity to define and qualify what they are doing in their position. The information was shared and reviewed by their supervisor. From there, our consultant determined the appropriate levels for all City positions. JES is different that the old "TSP" system. We believe JES more accurately reflects and broadens the scope of what is looked at in terms of defining a position. JES not only looks at what job functions and tasks exist in order to have a unique job description, it also looks at the impact these particular functions have on the organization and how they relate to one another. The purpose of a job description is to define tasks unique to that particular function. JES, in part, considers the tasks and determines what is needed from an individual in order to perform the tasks, ie: formal preparation and experience, ability and authority to make decisions at a certain level of competency, the ability and authority to solve problems, how to handle particular thinking !b Agenda Information Memo May 3, 2005 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated April 21, 2005 and April 28, 2005 as presented. ATTACHMENTS: Check registers dated April 21, 2005 and April 28, 2005 are enclosed without page number. 1q Agenda Memo May 3, 2005 Regular City Council Meeting CONSENT AGENDA D. DECLARE THE CITY OF EAGAN WEBSITE AS AN ADDITIONAL OFFICIAL SITE FOR AGENDA PUBLICATIONS ACTION TO BE CONSIDERED: Declare the City of Eagan website as an additional official site for agenda publications. FACTS: • It was recently brought to staff s attention that the City Council and Advisory Commission agendas are published in the City's legal newspaper, ThisWeek, as a courtesy. The City is charged only for legal notices to be published. • In the event space in This Week's publication becomes limited, the possibility exists that the agendas would not be published. • Thus far, we have had one agenda (the Advisory Parks and Recreation Committee) that was not published. • According to the City Attorney the City is not legally required to publish agendas in the newspaper. Posting of the agenda is what is legally required. • City Council, as well as Advisory Commission agendas are currently posted on the City's website and staff feels that acknowledgement of the website being another official posting site of agendas would provide residents an alternative place to view upcoming agendas. ATTACHMENTS: • None RD Agenda Memo May 3, 2005 Regular City Council Meeting CONSENT AGENDA E. TRASH HAULER LICENSE FOR ALL-STAR DISPOSAL, INC. ACTION TO BE CONSIDERED: Approve 2005 Trash Hauler License for All-Star Disposal, Inc.,7845 East Boyd Court, Inver Grove Heights. FACTS: • All-Star Disposal, Inc. is a specialized hauler providing rolloff containers for large construction/demolition projects and will be operating in Eagan in an upcoming project. • All Star Disposal has met all requirements of the application and staff deems the license in order for approval. ATTACHMENTS: None a~ Agenda Memo May 3, 2005 Regular City Council Meeting CONSENT AGENDA F. 2005 TOBACCO LICENSE FOR JAMES TOUSIGNANT (VALLEY LOUNGE) ACTION TO BE CONSIDERED: Approve 2005 Tobacco License for James Tousignant to sell tobacco products at Valley Lounge, 3385 Sibley Highway in Eagan subject to the following condition: 1. Issuance of the license shall be contingent on the applicant/property owner resolving illegal outdoor storage of accumulated refuse that includes: a junk tractor stored on the east side of the property and the following items in the wooded area on the west side of the property: a toilet, oil drums, 55 gal drums, 5 gal buckets, wood refuse/lumber, chair frame, tarps, lids, paper refuse, bottles, leaf bags, pallets, cinder blocks, satellite dish and other unidentifiable refuse items. FACTS: • Tobacco products were previously being sold from a vending machine at Valley Lounge without a tobacco license • Upon notification that a tobacco license is required and that tobacco products must be stored behind a counter that is not accessible to the general public, management ceased selling tobacco products until approval of a 2005 license is granted • Code enforcement staff have been addressing zoning violations at the Valley Lounge property and have requested the 2005 tobacco license be issued contingent on the following: • applicant/property owner resolving illegal outdoor storage of accumulated refuse that includes: a junk tractor stored on the east side of the property and the following items in the wooded area on the west side of the property: a toilet, oil drums, 55 gal drums, 5 gal buckets, wood refuse/lumber, chair frame, tarps, lids, paper refuse, bottles, leaf bags, pallets, cinder blocks, satellite dish and other unidentifiable refuse items. ATTACHMENTS: None as Agenda Information Memo May 3, 2005 City Council Meeting CONSENT AGENDA: G. DISPOSAL OF OBSOLETE COMPUTER EQUIPMENT ACTION TO BE CONSIDERED: To approve the disposal of obsolete computer equipment including monitors, computers and printers. FACTS: This property has no salvage value. This computer equipment is no longer operational and has been replaced with operational equipment. Disposal of this computer equipment to a materials recycling processor is the least expensive alternative. ATTACHMENTS: • A list of old hardware for recycling is attached as pages 0 through &0 a3 4/21/2005 Old Hardware for Recycling Asset Serial # ` Description 5920 6837 CCK4 K058 Compaq Deskpro No asset # US82513963 HP Vectra VL 4019 04433583 Toshiba Satellite Laptop 5967 UKXTP Dell Dimension XPS R450 5744 0007415365 Gateway 2000 5901 US84205963 HP Vectra VE 5674 US71252004 HP Vectra VL 5302 US55052266 HP Vectra VL 5937 9821 BYP2 D382 Compaq Deskpro No asset # US85013461 HP Vectra VE 539-7 US60156302 ectra 5903 US8420596T- HP ectra 5798 0008833861 Gateway 2000 5934- - in pa 6137 253-10 a acar Imagecard III Printer No asset a rini ron Monitor No asse UQUK1 1467 F- Epson es je rin er Dell Monitor Model Monitor Ergo ra Gateway 2000 ivi ron Monitor b825 760941 OEL) NEC Monitor u i ync A700 17 5307 MX-05322D-47605-02L-AY2U e Monitor O e No asset Monitor Ultra 0910- 6837 CCK4 KOSO omp e o 0936 6837 1 CC"KO/2- -0 Compaq ueskpro 59is 6837CCK4j986 Compaq Deskpro No asset # 8376TC077tJ99 Deli Ultrascan Monitor 17" No asset # 8152506 Dell Ultrascan Monitor 17" 530:3 dP5394117U0 HP Munitui Ultra VGA 1280 17" 5425 Goldstar rnoi iitoi- 5! 7-43 e9074153644 )q Gateway 2990 PG 4/21/2005 Old Hardware for Recycling Asset # Serial # Description No asset # US85062236 HP Kayak PC No asset # 0006695252 Gateway 2000 PC 5086 JP50605013 Ultra VGA 1280 monitor 6002 03MVN Dell Dimension V333 5688 MH54H2058937 Gateway 2000 monitor No asset # MY-0201V-47603-OCI-A2QN Dell monitor 5910 8728112AD NEC monitor No asset # 2750080 Dell monitor No asset # 45115AAHBDC3 Dell 15" monitor 5947 7904585ED NEC monitor No asset MX-08376T-47441-046-204N a monitor No asset # 8849,138093 HP monitor 5534 KR63909759 Ultra VGA 1280 monitor 5296 JP53941231 Ultra monl or No asset a monitor No asse 93190bORD NEC monitor No asse a monitor b299 JFb3941210 Ultra VGA 12bU monitor monitor O asset MX-04512R-47801-03G-B014 Dell monitor b704 7238152 Gateway 2000 monitor No asset MX-08376T-47741-01A-02C4 Dell monitor No asset a monitor *693 MH541=12046493 w monitor No asset # uss! 000451 HP Netserver E45 5756 S67!600192 HP Netserver LD Pro No asset # 7222187 Gateway 2000 monitor 5815 8100605DE NEC munitui Nu cisset 4, 2750079 Dell monitoi- 5892 8747280 Be'! moniter a~- 4/21/2005 Old Hardware for Recycling Asset''# Serial # Description No asset # 8103297YF NEC monitor No asset # MX-04512R-47801-043-BOJ3 Dell monitor 5303 JP53941170 HP monitor 5326 5801955RF NEC monitor No asset # MX-05C544-47801-12C-H06R Dell monitor 5616 KR64013788 HP monitor 5523 MH54G0000184 Gateway 2000 monitor No asset # 8Y29843AD NEC monitor 5892 55341C16WL19 Dell monitor 3981 JP40702574 Ultra VGA 1280 monitor No asset MX-04512R-47801-9CK-MIBX a monitor O asset a Imenslon XPS T600 5965 UTQ95 Dell Imenslon X PS R450 5966 UVC31 e Dimension XPS R450 6042 4U3R1 Dell Dimension XPS R450 5941 HHOV9 e Dimension XPS K450 e Dimension Ultra V(3A 128U monitor O asset MX-08376T-47741-046-2D4N Uell monitor No asset - - Dell monitor 5694 MHb4H2u46,q 96 Gateway monitor O asset MX-08376T-47741-01A-025Q Dell monitor No asset a monitor No asset monitor No asset 7 723SA00609-4 Dell monitor No asset 21791 264587 Epson Printer 5951 US90703 02 HP V-ectra WE 5952 U890703324 HIP vectud VE 3562 28962 Lanier 62-42 eupier 7819e588 Sharp ux-5ie e.,,., Agenda Information Memo May 3, 2005, Eagan City Council Meeting H. APPROVE JOINT POWERS COST SHARE AGREEMENT FOR PICTOMETRY INTERNATIONAL CORPORATION GENERAL LICENSE TERMS AND CONDITIONS SUBJECT TO CITY ATTORNEY AND CITY ADMINISTRATOR SATISFACTION ACTION TO BE CONSIDERED: To approve Joint Powers Cost Share Agreement for Pictometry International Corporation General License Terms and Conditions subject to City Attorney and City Administrator Satisfaction FACTS: • Dakota County has entered into a licensing agreement with Pictometry International, Corp whereby the County is allowed to install and use Pictometry's licensed images, geodata, software, and documentation. • Pictometry's Licensed Products are dynamic visual imagery products that will provide three-dimensional oblique images and 360 degree views of each property in Dakota County. • The License Agreement allows cities, townships, public schools, and the soil and conservation districts geographically located within the boundaries of Dakota County to install and use Pictometry's Licensed Products under the License Agreement subject to certain conditions. • The County and cities have reached an agreement to share costs of licensing, installing, and using Pictometry's Licensed Products by their respective political subdivisions. • Eagan's cost sharing amount for 2005 is $6,016.95 which amount is included in the 2005 Operating Budget. • The City Attorney's office has reviewed the Joint Powers Cost Share Agreement and is discussing some issues with the Dakota County Attorney's Office. Clarification on some technical/operational issues is also being sought through the City Attorney's Office working with City staff. ATTACHMENTS: • If any member of the City Council would like a copy of the Joint Powers Cost Share Agreement, please contact the Office of the City Administrator. a? Agenda Information Memo May 3, 2005 Regular City Council Meeting 1. CHANGE ORDER #1, CONTRACT 05-05 CASCADE BAY POOL REPAIRS Agenda Information Memo on this item will follow in Monday's Additional Information Memo. Agenda Memo May 3, 2005 City Council Meeting CONSENT AGENDA J: APPROVE POLICY CHANGES TO THE EAGAN COMMUNITY CENTER ACTION TO BE CONSIDERED: To approve the following policy changes to the Eagan Community Center as recommended by the Operations Committee: ➢ Allow individual personal beverages to be brought into the building but continue with policy of no outside food. ➢ Allow city sponsored programs/groups to purchase and pick-up food from one of the pre- defined providers. This will provide a more efficient use of staff time and eliminate the need for internal tracking and transfer of dollars. ➢ No longer offer courtesy cups of water in concessions. ➢ Children under the age of 16 shall be charged admission to the Blast. Sixteen and over are treated as adults and get in free. ➢ Children over 18 months shall be charged admission to the Blast. Under 18 months are free. ➢ The Eagan Seniors can purchase and install a computer in the Lone Oak Room at their expense and under the guidelines outlined by the City of Eagan. ➢ Allow flexibility of rental rates by developing a prime time and non-prime time rate structure. This will allow the Rental Coordinator and Manager the flexibility of renting less desired times in order to keep space rented. ➢ Allow banquet reservations for residents to be made 24 months in advance with the condition that they will be charged the rate in effect at the time of the reserved date. Non- residents can make reservations 21 months in advance. FACTS: ➢ The Operations Committee has been integrally involved in the evolution of policies developed for the Eagan Community Center. ➢ Having operated for over a year, the Committee felt it was important to revisit ECC policies that have been questioned by the public, City Council and staff to determine if appropriate changes should be made. ➢ A meeting was held on April 12 between the Operations Committee and City Staff to review seven (7) existing policies that might be considered for modification. ➢ The detail of existing policies and proposed changes are attached. ISSUES: ➢ None ATTACHMENTS: ➢ Enclosed on pages through is a complete list of policies that were reviewed. ➢ Enclosed on pages through are the April 12, 2005 committee meeting notes. ai y z O N CM ° m i+ GM' S" p q ~ ~ O b H .a w a, ~o ~ tr ~ b b ~ ~ 0 O W T O o O O O O 0 p Z rxU rxU z wU y O •.r ~ EN mil ~ z X H O cyo N~ C: 0. c > N 2 'n go Q .c .ti o 3 ; cts cd fy + O " v N y O N y ey0 040, O~ V c0 y tai .0 M O y U~` 0 . 40+ eC > 0 En 00 O ~'q 0 it VJ FA a~ 0- V 0 0.4 O U c~ O O . 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V x 3 0 ~ W ri z y o a WW u.~ Q U ~ a~ on 3 ',biz ~33 on c on o > p ~e td c0 . w _ W~ O ~ O q~ N i.. z ~"1 O C] v~ c3 N Mar ` Q. ~ Q4 CG Cd Uc4z ~y O~ 33 COMMUNITY CENTER COMMITTEE MEETING NOTES TUESDAY, APRIL 12, 2005 A City Council Community Center Committee meeting was held on Tuesday, April 12, 2005 at 4:00 p.m. in the office of the City Administrator for the purpose of reviewing Community Center Policies that have either been questioned by the public or by the City Council or staff. Those present at the meeting were committee members Mayor Geagan and Councilmember Carlson and members of the staff included Sandy Breuer, Cherryl Mesko and Tom Hedges. REVIEW COMMUNITY CENTER POLICIES There were seven (7) policies identified by the committee that require review and City Council policy direction. Those policies consist of the following: no outside food or beverage, member gym use, certain Blast policies, Oasis Teen Center general policies, Lone Oak Room Senior Center general policies, general fees and Oaks Banquet reservations. No Outside Food or Beverage It was determined that a change in policy allowing an individual to bring a single beverage into the Community Center will be acceptable. It was also determined that City staff can provide food for City sponsored programs. There was also discussion about the catering alternatives; however, there were no recommended changes to existing policy. Changes to catering options will be discussed in conjunction with the catering/beverage RFP process in late 2005/early 2006. It was determined by the committee that the concessions stand will no longer offer cups of water as a courtesy which has become an expense and is somewhat labor intensive. There was no action to expand the hours of the concession stand. Member Gym Use There was discussion about reducing the available time for fitness member use to the gymnasium due to the request by recreational staff, EAA and other outside renters. There was a general discussion that groups such as EAA basketball are very valued. There was a representation to the community, as a part of the bond referendum and opening of the Community Center, that there would be ample time for members and open gym. It was determined that since a survey is underway to determine the actual use of the member gym by the current membership, there would be no action on the member gym use public policy question until the survey is complete. Blast Policies There was some discussion about the age limitations/restrictions for admission to the Blast. It was determined that children under the age of 16 should pay the admission, while z children 16 and over are treated as adults and get in free. There was also discussion as to whether the age for charging a fee for use of the Blast should be raised from age 1 to age 2 and, after some discussion by the Committee members, it was agreed that children over the age of 18 months will be required to pay a fee. Oasis Teen Center General Policies There was some discussion about removing the coin operated games; however, committee members felt strongly that the arcade portion of the Teen Center should be contracted out since those fees do generate some income for the Community Center facility. There was also a suggestion by the committee that rental packages should include tokens for the coin operated machines. There was also an update on the status of a partnership the teens have with Dunn Bros. Coffee to provide a hot beverage operation at the Community Center other than the coin operated coffee currently in place. Lone Oak Room Senior Center General Policies There was a general update by staff about general policies relating to the Lone Oak Room Senior Center. It was noted by staff that there is some discussion by seniors that in the future, there may be a request to expand potluck opportunities, consideration for a computer lab and a request that the entire Lone Oak Room be dedicated exclusively as a senior center. Committee members stated that the Community Center should not try to compete with existing lab/computer training that currently exists through school districts, community ed programs and other outside vendors. There was also a recommitment at this time that the north half of the Lone Oak Room will continue to be rented for aerobics, weddings and other functions when the seniors are not using the room. General Fees There was some discussion about providing a level of flexibility to the Rental Coordinator and ECC Manager to negotiate rates for less desired times in order to keep meeting and gym space rented at the Community Center. There was a suggestion by the committee that to avoid any arbitrariness on the part of staff in determining fees, that there be a prime time and non-prime time rate structure developed. Oaks Banquet Reservations There was discussion about the demand on the Oaks Banquet Room for wedding arrangements that are now exceeding more than 24 months. The concern has to do with how far out the Council is comfortable with scheduling reservations and tying up the Oaks Banquet Room and, further, that it is hard to determine what the fee structure might be beyond the year 2006. There was consensus by the committee that renting the Oaks Banquet for special occasions such as weddings to residents for more than 24 months in advance is acceptable, however, it should be with the condition that they will be charged the rate in effect at that time. OTHER BUSINESS There was no further business. ADJOURNMENT The meeting was adjourned at approximately 5:15 p.m. Agenda Memo May 3, 2005 Regular City Council Meeting CONSENT AGENDA K. 2005 TOBACCO LICENSE FOR CHARLES JACOBS ACTION TO BE CONSIDERED: Approve 2005 Tobacco License for Charles Jacobs to sell tobacco products at New-Mart, Inc., 1969 Silver Bell Road. FACTS: • Charles Jacobs has applied to sell tobacco products at the New-Mart, Inc., 1969 Silver Bell Road • All requirements of the application have been met • Staff deems the application in order for approval ATTACHMENTS: None 37 I Agenda Information Memo May 3, 2005, Eagan City Council L. ADOPT 2005 PARKS CAPITAL IMPROVEMENT PLAN ACTION TO BE CONSIDERED: To adopt the 2005 Parks Capital Improvement Plan FACTS: • At the Special City Council meeting held on April 26, 2005 the City Council gave approval to the proposed Parks 2005 CIP excluding the Wescott Square Picnic/Program Shelter. • The proposed Wescott Square Picnic/Program Shelter ($40,000) has been removed and will be further considered by the City Council in June after additional work is done on potential CDBG and property owner funding. A complete report also including the results of the solicitations is to be presented to the City Council in June. • Staff was directed to bring information back to the City Council regarding the location of the playground equipment programmed for Central Park. • The 2005 CIP was prepared in consultation with the Advisory Parks and Recreation Commission. • Future years beyond 2005 have not been included pending the completion of the 20/20 Vision Master Plan currently underway. • Funding for the 2005 CIP comes from the Park Site Acquisition and Development Fund which includes money paid by developers in lieu of a land dedication at the time of platting. ATTACHMENTS: • Enclosed on page is a copy of the summary of the projects (excluding funding for the Wescott Square Picnic/Program Shelter) included in the 2005 Parks CIP. PROPOSED PARKS AND RECREATION 2005 CAPITAL IMPROVEMENT PROGRAM LOCATION PROJECT POTENTIAL DESCRIPTION ESTIMATED COST FOR Est. 1105 Balance = $1,911,700 PARTNERSHIP PART I - IMPROVEMENTS Sub-Total Net Goat Hill Park Playground Replacement $40,000 Ridgecliff Park Playground Equipment $35,000 Fish Lake Park Playground Equipment $25,000 Lakeside Park Playground Equipment $15,000 $115,000 Pilot Knob Park Tennis Court Renovation $45,000 $45,000 Bridle Ridge Park Hockey Rink Renovation $27,500 (if one) Skyhill Park Hockey Rink Renovation $27,500 (if one) $55,000 Holz Farm Phase II of Master Plan -Renovation ofGranary $16,000 -House windows/paint $20,000 $36,000 YES Central Park Implementation of Master Plan • Bandshell PA/lights $25,000 •Playground $35,000 • Signage/Site lighting $25,000 $85,000 To be further Wescott Square reviewed in (held in 2004 Per CC) Picnic/Program Shelter June. YES To be determined Small Projects As apparent/necessary $20,000 $20,000 YES PARTI - PROPOSED TOTAL OF PROJECTS PART II - AC UISITION Sub-Total Net Undetermined Acquisition Opportunity as $500,000 Apparent/necessary $500,000 YES PART II - PROPOSED TOTAL ACQUIS.OPPORTUNITY ESTIMATED POTENTIAL CIP EXPENDITURE 2004 Carryover (included in 1105 Balance) • Caponi Acquisition $720,000- In progress • Holz Master Plan/Phase I $ 50,000- In progress • Park Systems Plan $ 85,000- In progress G:\parks05\2005 capital improvement 07 Agenda Information Memo May 3, 2005, Eagan City Council Meeting CONSENT AGENDA M. APPROVE Mutual Police Assistance Agreement for enforcement of traffic safety laws ACTION TO BE CONSIDERED: To approve the Mutual Aid Pact along with the following government entities: City of Apple Valley City of Mendota Heights City of Burnsville City of Northfield City of Farmington City of Rosemount City of Hastings City of South St. Paul City of Inver Grove Heights City of West St. Paul City of Lakeville County of Dakota FACTS: • To provide for the joint exercise of the parties' law enforcement powers pursuant to Minn. Stat. 471.59, so they can assist one another to coordinate traffic enforcement programs within Dakota County. The primary target will be DUI Enforcement. • Initially all members will work together, without grant reimbursement, to target areas identified within the county and within each other's cities. After several trial enforcement activities, we will be applying for grant funding through the Department of Public Safety to continue the program. • Under this program, Eagan Officers may be working in other jurisdictions and correspondingly, officers from other Dakota County Cities will work in Eagan depending on that month's target location. • By pooling resources, the agencies feel we can gain a much stronger enforcement effort, then if departments individually tried targeting these areas. • The agreement has been reviewed by the City Attorney and found to be in order. ATTACHMENTS Mutual Aid Agreement & Resolution is attached as page number M- through l~ CITY OF EAGAN DAKOTA COUNTY, MINNESOTA A RESOLUTION AUTHORIZING EAGAN TO ENTER INTO A GRANT AGREEMENT WITH THE OFFICE OF TRAFFIC SAFETY TO PARTICIPATE IN THE SAFE & SOBER CAMPAIGN 2005 - 2006 WHEREAS, the City of Eagan desires to continue participation in the Office of Traffic Safety (OTS), Safe & Sober campaign. WHEREAS, the State of Minnesota requires a resolution of the City Council to participate. WHEREAS, the City Council of the Eagan have duly considered this matter and believe that it is in the best interests of the City to enter into a grant agreement with the OTS to provide enhanced traffic enforcement. NOW THEREFORE, BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. Adopted by the City Council of the City of Eagan this 3rd day of May, 2005. CITY COUNCIL CITY OF EAGAN BY Pat Geagan, Mayor ATTEST: Maria Peterson, City Clerk I~ MUTUAL POLICE ASSISTANCE AGREEMENT FOR ENFORCEMENT OF TRAFFIC SAFETY LAWS 1. Purpose. The purpose of this agreement is to provide for the joint exercise of the parties' law enforcement powers pursuant to Minn. Stat. § 471.59, so that the parties may furnish assistance to and coordinate with each other in the enforcement of traffic laws within or adjacent to the boundaries of Dakota County in the conduct of Traffic Safety Projects. It is not the purpose of this agreement to provide for or address in any way requests by one party of another party for any other law enforcement services, including ordinary patrol services. 2. Parties. The parties to this Agreement shall consist of the following units of government that have signed this agreement: City of Apple Valley City of Inver Grove Heights City of South St. Paul City of Burnsville City of Lakeville City of West St. Paul City of Eagan City of Mendota Heights County of Dakota City of Farmington City of Northfield City of Hastings City of Rosemount 3. Grant Funds. The City of Apple Valley, acting on behalf of the parties, shall apply for funding from the State of Minnesota to support coordinated local enforcement of traffic safety laws. To the extent that such grant funds are obtained and may be expended for peace officer overtime compensation, the parties shall be entitled on a pro rata basis to reimbursement of overtime compensation paid to the parties' peace officers who have participated in Traffic Safety Projects pursuant to this Agreement. The City of Apple Valley shall account for all funds received pursuant to this Agreement according to generally accepted accounting principles and reports on receipts and disbursements shall be forwarded to the parties on a regular basis. 4. Traffic Safety Projects. The parties will carry out the purpose of this agreement by jointly participating in Traffic Safety Projects to which the parties will assign peace officers. Traffic Safety Projects means targeted geographic areas during specified periods of time on specific dates in which and during which the parties will assign peace officers to work together to enforce traffic safety laws. Assignment of peace officers to work on Traffic Safety Projects will remain in the sole discretion of the chief law enforcement officer of each party. The decision of a party to decline participation in any Traffic Safety Project is without liability to any party. 5. Recommendation of Traffic Safety Projects. Peace officers from the parties will meet on an ad hoc basis as the Dakota County Traffic Safety Group to identify and recommend Traffic Safety Projects to the chiefs of police and Dakota County Sheriff. The Dakota County Traffic Safety Group shall identify Traffic Safety projects utilizing data which identifies areas where Traffic Safety Projects likely would have a substantial effect upon public safety within Dakota County. The decision to assign peace officers to work on any particular Traffic Safety Project remains within the discretion of the chief of police of each city that is a party to this agreement and of the Dakota County Sheriff. 6. Exercise of Police Power. A peace officer who has been assigned by his chief law enforcement officer to participate in a Traffic Safety Project located outside of the officer's jurisdiction has Mutual Police Assistance Agreement Page 1 of 16 the full and complete authority of a peace officer as though appointed by the agency or agencies within whose jurisdiction the Traffic Safety Project is located. 7. Compensation. A peace officer who has been assigned by his appointing agency to participate in a Traffic Safety Project pursuant to this Agreement shall be compensated by his appointing agency just as if the officer were performing duties within and for jurisdiction of the officer's appointing agency. 8. Workers' Compensation. Each party to this agreement shall be responsible for injuries to or the death of its own personnel. Each party shall maintain workers' compensation coverage or self- insurance coverage covering its own personnel while they are participating in any Traffic Safety Project pursuant to this Agreement. Each party waives the right to sue any other party for any workers' compensation benefits paid to its own employee or volunteer or their dependents, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employee or volunteers. 9. Liabilit . Each party shall fully indemnify and hold harmless the other parties against all claims, losses, damages, liability, suits, judgments, costs and expenses incurred by reason of the action or inaction of its employees assigned to participate in any Traffic Safety Project pursuant to this Agreement. This agreement to indemnify and hold harmless does not constitute a waiver by any party of the limitations on liability provided by Minn. Stat. Ch. 466. 10. Direction and Control. Peace officers assigned by their appointing agency to participate in Traffic Safety Projects pursuant to this Agreement shall remain under the direction and control of their chief law enforcement officer. 11. Recall of Peace Officers. The appointing agency of a party may at any time and in the agency's sole judgment and without liability to any party recall a peace officer assigned to participate in a Traffic Safety Project pursuant to this Agreement. 12. Damage to Equipment. Each party shall be responsible for damage to or loss of its own equipment that occurs in connection with the joint exercise of the parties' powers pursuant to this Agreement. Each party waives the right to sue any other party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other party or its officers, employees or volunteers. 13. Compensation for Equipment and Supplies. When a party assigns peace officers to work on Traffic Safety Projects pursuant to this Agreement, that party shall provide all fuel and other materials and services for its peace officers who have been so assigned. 14. Effective Date. This Agreement shall be effective when all eleven parties have signed the Agreement. All parties need not sign the same copy of the Agreement. Signed Agreements shall be filed with the City of Apple Valley, who shall notify all parties of the effective date. 15. Withdrawal. Any party may withdraw from this Agreement upon thirty (30) days' written notice to the City of Apple Valley. The City of Apple Valley will notify the other parties to this Agreement. Withdrawal shall not act to discharge any liability incurred by any party prior to withdrawal. Mutual Police Assistance Agreement 43 Page 2 of 16 16. Notice. Notices required by Paragraph 15 of this Agreement or other correspondence related to this Agreement shall be provided by first class mail to the following: Apple Valley Chief of Police Mendota Heights Chief of Police 7100 147th Street West 1101 Victoria Curve Apple Valley, MN 55124 Mendota Heights, MN 55118 Burnsville Chief of Police Northfield Chief of Police 100 Civic Center Parkway 300 West 5th Street Burnsville, MN 55337-3817 Northfield, MN 55057 Eagan Chief of Police Rosemount Chief of Police 3830 Pilot Knob Road 2875 145th Street West Eagan, MN 55122 Rosemount, MN 55068 Farmington Chief of Police South St. Paul Chief of Police 325 Oak Street 125 3rd Avenue North Farmington, MN 55024 South St. Paul, MN 55075 Hastins Chief of Police West St. Paul Chief of Police 150 3r Street East 1616 Humboldt Avenue Hastings, MN 55033 West St. Paul, MN 55118 Inver Grove Heights Director of Public Dakota County Sheriff Safety Law Enforcement Center 8150 Barbara Avenue 1580 Highway 55 Inver Grove Heights, MN 55077 Hastings, MN 55033 Lakeville Chief of Police 20110 Holyoke Avenue South Lakeville, MN 55044 17. Termination. This Agreement shall terminate upon the occurrence of any one of the following events: (a) when necessitated by operation of law or as a result of a decision by a court of competent jurisdiction or (b) when a majority of remaining parties agrees to terminate the Agreement upon a date certain or (c) December 31, 2008. 18. Effect of Termination. Termination shall not discharge any liability incurred by the parties during the term of this Agreement. Upon termination and after payment of all outstanding obligations, property or surplus money held by the parties shall then be distributed to the parties in proportion to their contributions. 19. Amendments. This Agreement may be amended only in writing and upon the consent of each of the parties' governing body. 20. Records, Accounts and Reports. The books and records of the parties shall be subject to the provisions of Minn. Stat. Ch. 13. Mutual Police Assistance Agreement 4~ Page 3 of 16 21. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Counterparts shall be filed with the City of Apple Valley. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. Approved as to form: COUNTY OF DAKOTA Assistant County Attorney/Date Donald Gudmundson Dakota County Sheriff Date of Signature Mutual Police Assistance Agreements page 4 of 16 CITY OF APPLE VALLEY Name Title Date of Signature Name Title Date of Signature Mutual Police Assistance Agreement Lp Page 5 of 16 CITY OF BURNSVILLE Name Title Date of Signature Name Title Date of Signature Mutual Police Assistance Agreement page 6 of 16 CITY OF EAGAN Name Title Date of Signature Name Title Date of Signature Mutual Police Assistance Agreement Page 7 of 16 CITY OF FARMINGTON Name Title Date of Signature Name Title Date of Signature Mutual Police Assistance Agreement Page 8 of 16 T1 CITY OF HASTINGS Name Title Date of Signature Name Title Date of Signature Mutual Police Assistance Agreement Page 9 of 16 CITY OF INVER GROVE HEIGHTS Name Title Date of Signature Name Title Date of Signature Mutual Police Assistance Agreement page 10 of 16 ~1 CITY OF LAKEVILLE Name Title Date of Signature Name Title Date of Signature Mutual Police Assistance Agreement Page 11 of 16 CITY OF MENDOTA HEIGHTS Name Title Date of Signature Name Title Date of Signature Mutual Police Assistance Agreement Page 12 of 16 ~3 CITY OF NORTHFIELD Name Title Date of Signature Name Title Date of Signature . Mutual Police Assistance Agreement page 13 of 16 S CITY OF ROSEMOUNT Name Title Date of Signature Name Title Date of Signature Mutual Police Assistance Agreement Page 14 of 16 W CITY OF SOUTH ST. PAUL Name Title Date of Signature Name Title Date of Signature Mutual Police Assistance Agreement Page 15 of 16 CITY OF WEST ST. PAUL Name Title Date of Signature Name Title Date of Signature 0:\CIVIL\CONTRACT\2004\K04-593 Mutual Police Assistance Agreement.doc Mutual Police Assistance Agreement Page 16 of 16 Agenda Item May 3, 2005 City Council Meeting CONSENT AGENDA N. APPROVE PURCHASE AND IDENTIFY FUNDING SOURCE FOR REPLACEMENT OF MOBILE COMMAND VEHICLE ACTION TO BE CONSIDERED: Approve the replacement of the Mobile Command Vehicle and identify the Funding source. FACTS: • The Police and Fire Departments have identified the need to replace our existing command vehicle, a 1974 school bus that was converted to public safety use in 1979 and can no longer function in this capacity. • A vehicle committee, composed of police and fire department staff members has developed plans and specifications for a vehicle which would meet our operational needs for an estimated 25-30 years. • Fire Chief Kriha and Police Chief Therkelsen presented information at the April 26, 2005 Special Council meeting on the operational need for replacement of the current command vehicle. The replacement vehicle is estimated to cost $467,250 and has an expected life of 25-30 years. • Also on April 26, 2005 Administrative Services Director VanOverbeke presented information on possible funding options, with the recommendation that the purchase be made from the fund balance of the Equipment Revolving Fund. Attachments: A memo from Fire Chief Kriha and Police Chief Therkelsen outlining the replacement need is attached on pages 99 to cy~ A memo from Director VanOverbeke on funding options is attached on pages( to A copy of the vehicle specifications is attached without page number. 69 411~ City of EaRan mm To: Thomas L. Hedges, City Administrator From: Bob Kriha, Fire Chief Kent Therkelsen, Chief of Police Date: April 19, 2005 Subject: Command Vehicle Replacement The Eagan Police and Fire Departments desire to replace our current command vehicle, a 1974 school bus, converted to public safety usage in 1979 The replacement vehicle would provide a mobile platform to support incident command and communications during critical incidents and events, both planned and unplanned. In 2004, members of the Eagan Police and Fire Departments formed a committee to look into the design and acquisition of a command vehicle. The committee began meeting regularly in April, 2004, and ultimately presented a plan to the Chiefs of both departments. This plan contains complete drawings and pricing for the proposed vehicle. A proposed set of specifications is attached to this report. The command vehicle committee was comprised of Fire Department Captain Mike Scott, Fire Fighters Dave Hammer and Dave Feterl, Deputy Chief of Police Jim McDonald, Police Sergeant Brad Ramthun, and Dispatch Supervisor Troy Ruby. Fire Lieutenant Judy Thill contributed much of the background information for this report. City of Eagan Information Technologies staff provided technical information on wireless data features. The command vehicle committee visited several vendors and several existing command vehicles in the metro area. They were exposed to command vehicles ranging from converted motor homes to fire apparatus construction standards. Costs were found to be in the $300,000 to $800,000 range. The vendor being recommended to provide the Eagan command vehicle has delivered vehicles to other Minnesota agencies, ranging from $300,000 to $700,000, including $466,000 for the City of Rochester and $476,000 to the City of Spring Lake Park. History and Background In 1979, with a city population of 19,000, Eagan Police and Fire personnel collaborated to convert a 1974 school bus into a mobile command vehicle. The effort to meet the community's need for a vehicle of this type resulted in a command vehicle which served the City of Eagan for many years. Since being placed into service, no major improvements have been made to the vehicle, which has well over 100,000 miles on it and is currently only used for the rehabilitation of fire crews at working fire scenes. The vehicle is mechanically unreliable and cannot support the communications technology needed for management of a major incident. Further investment in this vehicle is not recommended because of its age and overall condition. S~ Command Vehicle Replacement Page Two April 19, 2005 Needs Assessment Since the original command vehicle was placed into service, Eagan has grown to a population of nearly 67,000 residents, becoming the 8th largest city in Minnesota and the largest in Dakota County. In addition to a large residential population, Eagan is home to several of Minnesota's largest employers and now boasts over 50,000 jobs. In addition to incidents within our borders, Eagan Police and Fire Departments have mutual aid agreements in place with all cities in Dakota County and the City of Bloomington as well. Within and immediately surrounding the City of Eagan, there are many critical infrastructures and other areas of concern from a public safety standpoint. Eagan's municipal water system consists of two underground reservoirs, each holding 60,000 gallons of water, two water treatment facilities and six water towers. In addition, the city has a large community center, outdoor aquatic center, a large civic arena, municipal center, 5 fire stations, a maintenance facility, twenty private and public primary and secondary schools, and a number of private post-secondary institutions. Running through the city are two interstate freeways and two major state highways. Two bridges provide access over the Minnesota River. Long term disruption of traffic over either of these bridges would result in major regional impact. Roadways and rail lines carry significant amounts of hazardous materials through Eagan each day. Several employers within Eagan carry out work that, if disrupted, would have significant economic impact on our city, region and nation. Northwest Airlines, the nation's 4th largest carrier, has their world headquarters and data center in Eagan, as does Thomson/West Legal and Regulatory Publishing. Lockheed-Martin and Unisys both have major facilities in Eagan. United Parcel Services operates a large distribution center within our city. The United States Postal Service has both their regional Bulk Mail Facility and Information and Accounting Service Center in Eagan and is considering moving their St. Paul processing and distribution site to Eagan. We have recently heard of other large employers who are establishing or expanding operations within the City of Eagan. On our immediate borders, there are other areas of concern. The world's 7th busiest airport, Minneapolis-St. Paul International sits on our Northwest border. With the opening of a new runway later this year, all areas of Eagan are subject to overhead air traffic on any given day. On our southeast border, Flint Hills Resources processes 11,550,000 gallons of crude oil each day. Just east of Highway 3 and Diffley Road, a fuel storage facility stores more than 10 million gallons of propane and close to four million gallons of liquefied natural gas. Much of the product from these two facilities is shipped through Eagan by truck or pipeline. On our western boarder, the Black Dog electrical generating plant produces 600 megawatts of electricity serving over 600,000 customers. Command Vehicle Replacement Page Three April 19, 2005 Just across the Highway 77 bridge from Eagan sits the Mall of America, the largest shopping and entertainment complex in the United States. The MOA is visited by an estimated 40,000,000 visitors each year and has been identified by the FBI as one of Minnesota's most likely targets for a terrorist attack because of its financial and symbolic significance. Eagan Police Officers and Firefighters would be responders to major incidents at the MOA requiring mutual aid requests from the City of Bloomington. Command Vehicle Role in Critical Incident Management Although the terrorist attacks of September 11, 2001 and the associated focus on Homeland Security needs have accentuated the need for effective public safety response to large incidents, Police and Fire services have recognized the need for major incident command facilities for many years. Because the location of an incident is not predictable, agencies have established mobile command capabilities as a way to provide work space for incident management needs close to the scene of action, without having to secure space in an available nearby building. A self-contained command vehicle assures that the proper communications and incident management resources are available and in a reliable, known configuration. Command vehicles generally provide the following capabilities: • Incident Communications Management. By equipping the vehicle with voice and data communications equipment, the communications needs for the incident can be transferred from the dispatch center (PSAP) to the command vehicle. This places the communicators closer to the incident commanders and also allows the PSAP to provide relatively normal services to areas of the city that are not part of the major incident. Radio interoperability with users on different systems is provided within the vehicle. • Incident Management Capabilities. Under the recently adopted National Incident Management System (NIMS), a national protocol for major incident management has been established. The significant feature of NIMS is the concept of "Unified Command" under which all activities of the operation are coordinated through a command structure, led by an incident commander. The command vehicle provides a space for the incident commander to plan and discuss operational matters with other members of the command structure. From the command vehicle, the incident commander will communicate with personnel responsible for various operational components as well as the Emergency manager and Emergency Operations Center Staff. Because NIMS provides for a scalable structure, it is easily conceivable that multiple command vehicles could be deployed for a very large event such as a commercial aircraft crash or natural disaster. • Back-Up PSAP. Because of technological advances in wireless communications, the command vehicle can function as a back-up PSAP in the event the primary PSAP was rendered unusable due to catastrophic events such as weather or lo' Command Vehicle Replacement Page Four April 19, 2005 facility issues. The proposed command vehicle includes significant Communications equipment at 4 workstations. The workstations would be equipped with interoperable radio technology, computer work stations (with internet and network connections), fax machines, phones (landline capable, cellular and satellite) and television access. Although a somewhat lesser grade of service would result, the command vehicle would assure basic services could continue. Examples of Incidents Requiring Command Vehicles Generically, any incident which would require implementation of the NIMS protocol would include deployment of a command vehicle, including: • Major transportation accidents. Aircraft or railroad crashes, crashes involving hazardous materials carriers, or crashes disrupting major transportation corridors for extended periods of time. • Natural Disasters. At least three weather events in the past 8 years required Eagan to activate our emergency plan. • Man made disasters. Building collapse, pipeline or chemical facility explosion, terrorist act or wide-spread disruption of utility service are examples of incidents requiring large mobilization of resources and coordination of efforts. • Multi-Agency Police and Fire events requiring coordination of effort and radio communications over multiple networks. Other incidents, not requiring activation of the emergency plan or the NIMS protocol, but still requiring extraordinary communications needs or incident command include: • Working structure fires. • Tactical Team Incidents • Major Crime Scenes. • Large public gatherings. • Backup PSAP • Any other incident requiring significant staffing and high volumes of radio communications. The High Performance Partnerships (HiPP) Equipment Sharing Committee has been considering how to better coordinate specialized equipment throughout Dakota County. In their written report of April, 2005, the committee endorsed our goal of acquiring an updated command vehicle to complement the vehicle recently acquired by the City of Burnsville. They have recognized that a single command vehicle for Dakota County will be inadequate for large scale events. Although multi jurisdictional ownership of command vehicles is problematic, we anticipate that some agreement may be possible to share operational costs of this vehicle. Vehicle Specifications and Cost A copy of the specifications prepared by LDV Inc is attached. We believe that the specification thoroughly addresses the needs for this vehicle. The vehicle is available t.l'o~ Command Vehicle Replacement Page Five April 19, 2005 through the Government Services Administration purchasing system for $467,250 delivered. The GSA price is $30,000 below retail. Monthly operational costs are estimated at $700 to $1,000 per month. Summary The Eagan Police and fire Departments have a long history of cooperative efforts to protect public safety in our community. Events of the last several years have made this cooperation critical as we deal together with homeland security issues in addition to the more traditional challenges. The ability to gather key decision makers in close proximity to the event is crucial to our success. Being able to make decisions and communicate them effectively is an integral part of our incident management system. The proposed vehicle represents a significant investment for our community, however it should be emphasized that the vehicle would be built to our standards and would provide 25 to 30 years of service before replacement. Our current vehicle has served us well over time, but is simply worn out. We look forward to working with you as we attempt to meet this need for our community and provide a level of police and fire service consistent with our well established traditions. Respectfully Submitted, Robert Kriha Kent Therkelsen Chief Chief Eagan Fire Department Eagan Police Department cb3 411~ City of Eap ho To: City Administrator Hedges From: Director of Administrative Services VanOverbeke Date: April 21, 2005 Subject: Command Vehicle Replacement Financing At your request I am writing this memo to outline possible financing sources for the acquisition of a replacement Command Vehicle. I have read the draft memo dated April 1, 2005 from Chief Kriha and Chief Therkelsen and understand the estimated acquisition cost to be approximately $470,000. I have made no review of any public policy issues related to this proposed purchase, any potential operational costs, or any other potential related capital costs, e.g. storage or furnishings such as computers and communications equipment. A replacement Command Vehicle has been referenced in numerous Part H CIP submissions and in subsequent review discussions. The conclusion has typically been that due to the magnitude of the potential expenditure, it probably cannot be budgeted through the annual Part H Vehicles and Equipment allocation process and that outside financing opportunities must be exhausted as a first step. It was most recently noted in the 2004-2008 CIP at a cost of $325,000, but not authorized pending more research and a through investigation of all possible outside funding alternatives. Although the replacement was undergoing continuing research, I do not believe it came up formally during the discussion and preparation of the 2005-2009 Part II CIP. I believe any of the following, except Public Utilities, could individually be considered reasonable funding alternatives for financing the replacement Command Vehicle. If desired, various combinations of the alternatives, including Public Utilities, could also be considered. 1. General Fund-Fund Balance The 12-31-2004 preliminary audited financial report shows a General Fund-fund balance of $10,750,545 or 46.9% of the 2005 budgeted expenditures. The targeted range is 30 to 35% of the subsequent year budgeted expenditures. An appropriation could be made from the balance while maintaining the balance in the targeted range. The new aerial platform was purchased at a cost of approximately $825,000 from this source. Given the uncertainty with State revenues and constant operating budget pressure, temporarily maintaining the higher level and using another option to purchase the replacement Command Vehicle might be more appropriate at this time. l 2. Equipment Revolving Fund-Fund Balance The 12-31-2004 preliminary audited financial report shows an Equipment Revolving Fund-fund balance of $1,778,519 that has accumulated in recent years due to favorable purchasing prices compared to the approved budgets, interest earnings, and miscellaneous deposits from various revenue sources. There is an encumbrance of approximately $630,000 against that fund balance dedicated to finance the purchase of the two recently approved fire apparatus. An adequate fund balance would remain in the event financing for the replacement Command Vehicle were also taken from this source. 3. Equipment Certificates Over the years in setting up and using the Equipment Revolving Fund there has been an acknowledgement that certain items like major Fire Department apparatus or the replacement Command Vehicle would exceed the capacity for financing from the annual allocation available in that Fund. Although it has not been used in recent years, the sale of equipment certificates is a logical funding source for these major pieces of equipment. Given the fact that it results in a tax increase to pay the debt service costs it is clearly not the most attractive option in comparison to using reserves that have not been formally restricted for a specific purpose. 4. Public Utility Enterprise Fund Given the broad range of City interests related to Homeland Security an argument could be made to provide some funding from utility operations since certain exposure is identified in those activities, primarily in the maintenance of the water supply. In my opinion, if the City Council desires to proceed with the acquisition of the replacement Command Vehicle, the best financing choice would be to use the Equipment Revolving Fund-fund balance. Those resources are available for this type of situation and their use would allow the City to retain the General Fund-fund balance as a contingency for potential operating requirements or for some other future high priority one-time expenditures, e.g. the 800 MHz radio system implementation costs, and finally, there would be no direct tax impact. Please let me know, if you would like any additional information or if you would like to discuss the information in this memo. Director of Administrative Services VanOverbeke cc: Chief Financial Officer Pepper Police Chief Therkelsen Fire Chief Kriha (e5 Agenda Memo May 3, 2005 0. CONTRACT 03-09, CHANGE ORDER #12 (WATER TREATMENT PLANT EXPANSION) ACTION TO BE CONSIDERED: Approve Change Order #12 to Contract 03-09 (Water Treatment Plant Expansion) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 03-09 provides for the expansion and renovation of the existing north Water Treatment Plant located on Coachman Rd. This contract was awarded in July of 2003 and the construction is approx. 99 % complete. • Change Order #12 consists of the following items (Note: Parts that result in no change to the contract amount are not listed here): o Part 1: Motor Control Center - C had to be expanded from 7 sections to 8 to accommodate the addition of the power monitors that were not included in the original design. This expanded length then had to be broken out into two separated assembled units to fit within the room limitations. This cost is associated with the extra time and materials to interconnect the 2 separated units as compared to one single installation. (ADD $7,797) o Part 3: This provides for the revision of the ceiling tile system to better accommodate a balanced air transfer in the mechanical ductwork between 2 storage rooms. (ADD $300) o Part 4: This provides for the installation of a concrete sealer to several floor areas in the existing treatment plant to take advantage of the reduced contract price for this future maintenance work. (ADD $3,233) o Part 5: Due to the extreme heat build up on the newly installed dark colored doors on the south side of the building, the early stages of warping began to occur. This proposes to repaint 12 doors to a lighter more reflective color with less heat buildup. (ADD $993) o Part 6: This provides for the grinding, patching and membrane installation over the existing concrete floors in the old lobby area to accommodate the new tile. This will provide better adhesion and better protect the newly installed tile. (ADD $2,686). o Part 7: This provides for the installation of one paper towel dispenser and two waste receptacles in the restrooms that were inadvertently overlook on the architectural drawings. (ADD $245). o Part 8: A modified door threshold had to be added between the lobby and corridor to accommodate the floor height differential caused by tile thickness. (ADD $165) o Part 9: This is for the cost associated with a 3rd wall unit heat convector that was shown on the plans but inadvertently left off the quantity take off schedule forbidding purposes. (ADD $2,161) o Part 11: This covers the additional overtime costs from Dakota Electric Association billed to the contractor to upgrade the electric service to 1200 amps as approved on C.O. #4. (ADD $1,367) ~S Agenda Memo May 3, 2005 E. CONTRACT 03-09, CHANGE ORDER #12 (WATER TREATMENT PLANT EXPANSION) (Continued) FACTS: (cont.) o Part 12: This provides for the installation of an additional 8" section of 12" piping that had to be installed to avoid a conflict with a valve operator. (ADD $386) o Part 13: Heavy duty crack and block filler was installed on all open holes on the precast plank sections in the garage area to provide a smooth surface for better painting coverage and reduced future maintenance. (ADD $2,208) o Part 14: This provides for the added installation of fire and horn strobes, motion and smoke detectors, security alarms, dome cameras and intrusion switches to provide for a more complete security system. (ADD $6,375) o Part 15: Additional light fixtures had to be added in the toilet rooms to meet the minimum required illumination standards. (ADD $2,476) o Part 16: A ground fault receptacle (GFI) had to be installed to the elevator equipment room to meet electrical code requirements. (ADD $528) o Part 17: After the building inspector determined that the internal stairway could be considered a public stairway, the railings had to be modified to meet code. (ADD $2,426) • The net total of this change order is an ADD of $33,346 (0.23%) to the original contract amount ($14,620,958). If approved, the total of Change Orders 1-12 will be $596,459.02 (4.08%). This compares to a 10% contingency contained in the feasibility report's preliminary cost estimate of $17,400,000 and a 5% contingency used upon receipt of bids. • All work and costs associated with this change order have been reviewed by the consultant and Public Works Dept. and found to be in order for favorable Council consideration. W~l Agenda Memo May 3, 2005 PUBLIC HEARINGS A. HALLEY'S FIRST ADDITION (LOTS 4 & 5, BLOCK 1) EASEMENT VACATION ACTION TO BE CONSIDERED: Close the Public Hearing and continue consideration of vacating the public drainage & utility easements within Lots 4 & 5, Block 1, Halley's First Addition to be concurrent with the Final Plat approval of Halley's 2nd Addition. FACTS: • On March 24, 2005, City staff received a letter from Tim Johnson, Land Planner, Manley Land Development, Inc., requesting the vacation of a portion of the existing drainage and utility easements on Lots 4 and 5, Block 1, Halley's First Addition, southwest of the intersection of Red Pine Lane and Biscayne Avenue. • 10' wide easements were dedicated as part of the Halley's First Addition plat as the typical side lot easements for drainage and utility purposes. • The purpose of the request is to allow Manley Land Development to construct a new commercial building, with multiple tenants, situated on both lots. The configuration of the proposed building would encroach upon the existing drainage and utility easements on the common lot line. • All necessary replacement easements will be dedicated with combination of the two properties under the Final Plat (Halley's 2"d Addition), scheduled for consideration by the City Council on May 17. • Notices were published in the legal paper and sent to all potentially affected and/or interested parties for comment prior to the public hearing. Notices were sent to all the potentially impacted private utility companies. No comments or objections to the proposed vacation have been received. • The request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Location Map, page & • Legal Description & Graphic, page. it WESCOTtRO) ~L a poP° I z ~y J M~ "Y DIFFLEY ROAD V ti I CLIFF R i PROPOSED VACATION o LOCATION ° w. I bebanon Hills M Regional Park ROSEMOUNT Proposed Easement Vacation 6 of Eakan Halley's Addition Lots 4&5, Blk. 1 3/31105 EEnogc[Defp tment coo Q•`'O PART OF\020-82 ~I tll 5 Q - W Easements to be vacated I 1 U 4 4 I m 1 ~ I 2 3 I 3 1 NO 021-79 I I L - ~ r------- - 1 2 2 I I L --------J I I I 1 1 1 I I L--------- ---------J GUN CLUB ROAD Lots 4 & 5, Block 1, Halley's I" Addition, according to the recorded plat thereof, Dakota County, Minnesota. Proposed Easement Vacation 4/15/05 City of Eap Halley's 1 st Addition - Lots 4&5 , Blk 1 En ineerin Department Agenda Information Memo May 3, 2005, Eagan City Council Meeting B. CERTIFICATION OF DELINQUENT FALSE ALARM BILLS. ACTIONS TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. FACTS: ➢ The City Code allows for collection through certification of delinquent false alarm bills, which are not paid. ➢ At the April 5 City Council meeting, a public hearing was scheduled for the May 3, 2005 City Council meeting. ➢ The City does not charge residents or businesses for the first three false alarms in a calendar year. A fourth or subsequent false alarm results in a $100 fee per alarm. The delinquent false alarm bills include a 10% penalty and a $25 certification fee. ➢ The City currently has 5 delinquent false alarm bills. The assessable amount of these bills is $675.00. These items are in order for certification to the County. ➢ All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ATTACHMENTS (1): Proposed assessment roll on page. -70 Delinquent False Alarm Bills Property ID Outstanding Dollar Amount 10-17780-010-01 $135.00 10-31725-030-01 $135.00 10-71375-020-01 $135.00 10-22472-010-03 $135.00 10-22504-010-01 $135.00 Total $675.00 l Agenda Information Memo May 3, 2005 Eagan City Council Meeting PUBLIC HEARINGS C. Certification of Delinquent Utilities ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County. FACTS: - The City Code allows for collection through certification of delinquent utility bills, which are not paid. - At the April 5th City Council meeting, a public hearing was scheduled for the May 3, 2005 City Council meeting. - The City currently has approximately 329 utility bill accounts with delinquent payments. The assessable amount of these accounts is $60,465.44. 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M I r-I 1 W I 0 1 I M 1 ri I N 1 C71 ~ N i 0 I 1 1 ~ I ~ I O\ I O 1 L 1 O I O 1 N I I Q: I a I 1 I I ~ I N I I I I I I i I I I 1 # 1 r Ln v H 1 m o ri d' 1 . I ~ ol) ~ N I I M O M l0 C2 I U) %D W Cn 1 O W 1 to i cr) ~ I I I I H1 H1 I 1 C(1 R1 A H I U U U n 1 v OI U1 UI Q,' I 1 is is I r Ln v o w m o H W w W I Ol M N N O a 1 O co r-I N do 0 I Ln Ln N M I I N N H I In I I 1 W I W I 1 z I N r-q N 1 O O O H q 1 0 0 0 H I M 01 W a I r-q O 0 O o r-I 0 U I m ri o U I rn ~ M I N M 0 M W N O O O I r-1 H H I a W I H ~ 1 p: I M n N 0 z l o 0 0 Cn M Ln M H I O O O H 1 w m O Q4 1 N lp r- 0 O 1 O O N a U I co o M C14 rv. I M M ~ uC Agenda Information Memo May 3, 2005, Eagan City Council Meeting VI. OLD BUSINESS A. CONSIDER ADOPTION OF AN ORDINANCE TERMINATING THE MORATORIUM RESTRICTING THE ISSUANCE OF OFF-SALE LIQUOR LICENSES ESTABLISHED BY ORDINANCE NO. 383, INTERIUM USE: ALCOHOLIC BEVERAGES LICENSING STUDY ACTIONS TO BE CONSIDERED: To adopt an ordinance terminating the moratorium restricting the issuance of off-sale liquor licenses established by Ordinance No. 383, Interim Use: Alcoholic Beverages Licensing Study. FACTS: ➢ On October 19, 2004, the City Council adopted an Interim Use Ordinance which placed a moratorium on the issuance of off-sale liquor licenses. The moratorium provided the Council with an opportunity to determine what, if any, additional restrictions/criteria should be imposed in the area of off-sale liquor licensing and regulation. The Interim Use Ordinance was due to expire on October 15, 2005 or earlier if so determined by Council. ➢ Since the adoption of the Interim Use Ordinance, staff conducted a survey of other metropolitan cities' regulations and restrictions pertaining to off-sale liquor licensing. Additionally, staff researched historical data on Eagan's past practices and off-sale liquor restrictions. ➢ Staff also met with and solicited input from the 14 current off-sale liquor license holders regarding proposed restrictions for off-sale liquor licensing. The majority of the licensees supported capping the number of available licenses based on Eagan's population. ➢ After considerable review of all the information compiled by staff and discussing this matter at three Special City Council meetings, the Council determined at the April 26 Special Council meeting, that the current land use and zoning regulations are sufficient in regulating the issuance of off-sale licenses and that no further restrictions or criteria should be added. Therefore, the open market, along with the land use, zoning and license application requirements, will serve as the determinants in the number and location of off-sale licenses to be issued. The City Council concluded that it has the necessary discretion to provide for the health, safety and welfare of the community with the existing City Code provisions. ➢ The Council directed that an ordinance amendment be prepared to terminate the moratorium. The ordinance amendment was directed to the May 3 regular City Council meeting for formal action. ATTACHMENTS (1): Proposed ordinance amendment on page CNg 8-7 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA REPEALING ORDINANCE NO. 383, ENACTING SECTION 12.06 REGARDING ALCOHOLIC BEVERAGES LICENSING STUDY; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER I AND SECTION 12.99. The City Council of the City of Eagan does ordain: Section 1. Ordinance No. 383 which enacted Section 12.06 regarding alcoholic beverages licensing, is hereby repealed. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including `Penalty for Violation"' and Section 12.99 entitled "Violation of 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: By: Maria Petersen Pat Geagan Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Agenda Information Memo May 3, 2005 Eagan City Council Meeting VII. NEW BUSINESS A. APPOINTMENTS TO CEDAR CORRIDOR TRANSPORTATION INFRASTRUCTURE IMPROVEMENT GROUP AND TECHNICAL ADVISORY COMMITTEE ACTIONS TO BE CONSIDERED: 1.) To appoint a member of the City Council to serve as a member of the Cedar Group. 2.) To appoint a member of the City Council to serve as an alternate member of the Cedar Group. 3.) To appoint two (2) City staff members to the Cedar Avenue Technical Advisory Committee. 4.) To consider appointing a representative of the Eagan business community who has an interest in the Cedar Avenue Corridor to serve on the Cedar Group. FACTS: ➢ The City of Eagan, along with the other Dakota County cities impacted by the Cedar Corridor, have been asked to appoint one member and one alternate member to the Cedar Corridor Transportation Infrastructure Improvement Group, which will be referred to as the Cedar Group, to oversee the Cedar Busway developments as well as focus on highway improvements to Cedar Avenue. ➢ Each City has also been asked to appoint one City Councilmember to serve as a member of the Cedar Group, and one City Councilmember to serve as the alternate. ➢ The City must also appoint two City staff persons to serve on the Cedar Corridor Technical Advisory Committee (TAC). It is suggested that the Council appoint Community Development Director Hohenstein and Public Works Director Colbert to the TAC with City Planner Ridley as the alternate. ➢ Each City may also appoint one business representative who has a business facility or business interest in the Cedar Avenue Corridor. ➢ The next Cedar Group meeting will take place on Wednesday, May 11 from 3:30- 5:00 p.m. at the Dakota County Western Service Center in Apple Valley. The group will meet every other month on the second Wednesday of the month from 3:30-5:00 p.m. qj Agenda Information Memo May 3, 2005, Eagan City Council Meeting B. CONDITIONAL USE PERMIT - SCHWAN'S HOME DELIVERY ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit to allow outdoor storage of up to 70 home delivery trucks on property located at 3707 Kennebec Drive Lot 2, Block 1, Cedar Bluff Business Center; subject to the conditions in the APC minutes. To approve (OR direct findings of fact for denial) a Conditional Use Permit to allow a 18,000 gallon LP tank on the north side of the lot for property located at 3707 Kennebec Drive Lot 2, Block 1, Cedar Bluff Business Center; subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The subject site is currently vacant and surrounded by Industrial Uses. ➢ Schwans Home Delivery is planning to combine three other locations and relocate to the Eagan site. ➢ The delivery trucks will be stored on the north side of the lot behind the building. ➢ Five out of the six outdoor storage criteria is met with this proposal, storage in an enclosure is not met and does not seem necessary with this type of storage. ➢ The trucks leave in the morning for home deliveries and return at night. ➢ Restocking of the trucks is done inside the building and refueling is done on-site. ➢ The propane tank is for fueling the delivery trucks. ➢ The Advisory Planning Commission held a public hearing on April 26, 2005 and is recommending approval. 60 DAY AGENCY ACTION DEADLINE: May 15, 2005 ATTACHMENTS (2): Advisory Planning Commission Minutes on page v, 9 a Staff report on pages ~through ~ City of Eagan Advisory Planning Commission April 26, 2005 Page 4 B. Schwan's Applicant Name: Opus Northwest LLC. Location: 3707 Kennebec Drive; Application: Conditional Use Permit A Conditional Use Permit for outdoor storage of delivery trucks and an LP tank. File Number: 18-CU-04-03-05 Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated April 7, 2005. She noted the background and history. 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 asked for explanation on the purpose of the limitation on hours of operation. She stated it is not necessary because it is located in an industrial park. City Planner Ridley stated the applicant provided the hours of operation in the application, and the condition could be removed. Member Leeder moved, Member Dugan seconded a motion to recommend approval of a Conditional Use Permit to allow storage of up to 75 Schwan's Home Delivery trucks at property located at 3707 Kennebec Drive in the SE'/4 of Section 18 subject to the following conditions as amended: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. The storage of the home delivery trucks shall be located in the 32 designated parking stalls at the north end of the building; if additional trucks are stored they shall be parked along the west or east end of the site in designated parking stalls that are screened by a building. 4. Deciduous trees shall be planted around the existing pond for water cooling effects. All voted in favor. Motion carried 7-0. Member Leeder moved, Member Bendt seconded a motion to recommend approval of a Conditional Use Permit to allow an 18,000 gallon propane tank above ground on the north side of the building located at 3707 Kennebec Drive in the SE'/4 of Section 18 subject to the following conditions: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. Storage of the LP tank shall meet all Fire Code requirements. City of Eagan Advisory Planning Commission April 26, 2005 Page 5 All voted in favor. Motion carried 7-0. ~a PLANNING REPORT CITY OF EAGAN REPORT DATE: April 7, 2005 CASE: 18-CU-04-03-05 APPLICANT: Craig Patterson, OPUS HEARING DATE: April 26, 2005 PROPERTY OWNER: Same APPLICATION DATE: March 16, 2005 REQUEST: Conditional Use Permit PREPARED BY: Sheila Cartney LOCATION: 3707 Kennebec Drive COMPREHENSIVE PLAN: IND, Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of Schwan's delivery trucks and an above ground LP tank at property located at 3707 Kennebec Drive in the SE '/4 of Section 18. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 93 Planning Report - Schwan's CUP April 26, 2005 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 41), Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY In December 2004 OPUS Northwest LLC applied for a Preliminary Subdivision of 14.98 acres into two lots for development. The Final Subdivision was approved in April 2005 which created Lots 1 and 2 Block 1 Cedar Bluff Business Center. Development was not proposed at the time of subdivision; however two large spec office/warehouse were shown on site plans for potential use of the properties. Schwan's Food Company is headquartered in Marshall Minnesota. Schwan's is one of the largest branded frozen food manufacturers and marketers in the United States. Schwan's home service is the nation's largest direct-to-home food delivery provider. EXISTING CONDITIONS The site is currently vacant. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: R~ Planning Report - Schwan's CUP April 26, 2005 Page 3 Existing Use Zoning Land Use Designation North Met Council treatment I-1, Limited Industrial Industrial facility South Office/Warehouse PD, Planned Industrial Development East Seneca I-1, Limited Industrial Industrial West Vacant I-1, Limited Industrial IND, Industrial EVALUATION OF REQUEST Compatibility with Surrounding Area - The proposal is consistent with the current zoning and guide plan designation. The subject site is surrounded by Industrial uses. Airport Noise Considerations - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter in Metropolitan Development Guide that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in Eagan place the subject property within Noise Zone 4. Within this area, Industrial infill developments would be provisional. Provisional requires that land uses must comply with certain structured performance standards to be acceptable according to MS 473.192 (metropolitan area Aircraft Noise Attenuation Act). Proposal - Schwan's Home Service is proposing a sales and operations facility on the subject site. This location would combine three smaller facilities, currently located in Maplewood, Apple Valley and savage, into this central location. The new site would have about 75 employees. There would be 50 to 55 of the Schwan's Home Delivery trucks on site with an expectation of up to 75 trucks. The trucks will be stored outside in the rear parking lot when not in route or being loaded. Schwan's uses propone to fuel the majority of their home delivery trucks, they have been doing this since the 1970's; therefore an onsite propone tank is necessary for their delivery operations. The trucks will leave the site in the morning between 8:30am and 10:00am and return to this facility between 8:00pm and 9:30pm. The trucks will remain onsite overnight for restocking, refueling and cold plate refrigeration. Refueling of the truck(s) is done onsite via the proposed propane tank. Restocking is done inside the warehouse; once restocked, the truck(s) is brought outside and parked in the designated area for recharging of the cold plate. Outdoor Storage Requirements - a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community qs" Planning Report - Schwan's CUP April 26, 2005 Page 4 shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (I--2) zoning districts, the enclosure may be detached from the principal building. An enclosure is not proposed. An enclosure does not seem necessary for storage of vehicles that frequently leave the site. b. The storage areas shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The designated storage area is located in the rear of the building and is not encroaching into building setbacks. c. The outdoor storage area shall be screened from view from the public right-of- way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The outdoor storage area is not visible from the public-right-of way. The adjacent properties have the same zoning as the subject site. d. The storage area shall not interfere with any pedestrian or vehicular movement. The proposed storage area occupies 32 parking stalls to the rear of the building. Vehicular and pedestrian movement would not be affected. e. The storage area shall not take up required parking spaces or landscaping areas. The proposed storage area is proposed in a striped parking area to the rear of the lot. Based on warehouse and office uses the proposed use only requires 42 parking stalls for the entire site. The Site Plan provides 146 stalls, 32 are designated for the storage of the delivery trucks resulting in 114 stalls available at any time. If the storage happens to reach it full potential at 75 there will still be enough parking stalls as required by the code for this use. As proposed parking requirements are met and the storage is not affecting the parking. f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The proposed storage is within a paved parking area. LP Tank - An 18,000 gallon LP tank is proposed to be placed behind the building beyond the parking area. The Fire Marshal indicated this location meets setback requirements. According to the applicant the LP gas is stored within a pressurized tank that consists of both vapor and liquid. Liquid LP is used for motor fuel and is drawn from the bottom of the tank. Liquid LP cannot be pumped vertically; therefore it must be stored in an above ground tank. The applicant proposes to screen the tank with an open gate, architectural grade picket style fence and landscaping. The original plan indicated black hills spruce would be planted in front of the tank for screening. The Fire Marshal requested those trees be located elsewhere on the site and is not 6~p Planning Report - Schwan's CUP April 26, 2005 Page 5 in favor of plantings that close to the LP tank (A revised landscape plan was submitted that relocated those trees). The Fire Marshal also indicated a desire for a chain link fence rather than the picket fence. If a picket fence is decided upon then four exceptions of Section 3.2.2.8 of the Fire Code would need to be met. The applicant should address this issue. Screening of the tank may not be necessary considering the placement of the building in comparison to the LP tank. Tree Preservation - Required tree mitigation for this site is 10 category B trees. The submitted landscape/planting plan fulfills this requirement. Landscaping - The proposed landscape plan is acceptable with modifications. The City Forrester has suggested that deciduous trees be located around the proposed and/or existing pond for cooling the water before it discharges into the trout stream. A revised landscape plan should be submitted reflecting this modification. SUMMARY/CONCLUSION This application is for a Conditional Use Permit to allow outdoor storage of Schwan's Home Delivery Trucks and an 18,000 gallon Propane tank on Lot 2, Block 1, Cedar Bluff Business Center. The site is currently vacant and recently subdivided into two lots. As proposed the outdoor storage criteria is met with exception to providing an enclosure with the storage. In this situation an enclosure does not seem necessary with the trucks frequently leaving the site. The propone tank is necessary for the operation of the home delivery trucks as they are fueled by propane. The delivery trucks would leave the facility for delivery in the morning between 8:30am and 10:00am, the trucks return to this facility between 8:00pm and 9:30pm. The trucks would remain onsite for overnight restocking, refueling and cold plate refrigeration. Once restocked, the vehicle is brought outside the building and parked in the area designated for recharging of the cold plate. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow storage of up to 75 Schwan's Home Delivery trucks at property located at 3707 Kennebec Drive in the SE '/4 of Section 18; subject to the following conditions: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. The storage of the home delivery trucks shall be located in the 32 designated parking stalls at the north end of the building; if additional trucks are stored they shall be parked along the west or east end of the site in designated parking stalls that are screened by a building. 3. Delivery trucks should be returned to the site no later than 9:30pm and leave no earlier than 8:00am. q7 Planning Report - Schwan's CUP April 26, 2005 Page 6 4. Deciduous trees shall be planted around the existing pond for water cooling effects. To recommend approval of a Conditional Use Permit to allow an 18,000 gallon propane tank above ground on the north side of the building located at 3707 Kennebec Drive in the SE '/4 of Section 18; subject to the following conditions: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. Storage of the LP tank shall meet all Fire Code requirements. q~ Eagan Boundary Location Map ^4~ Street Centerline Parcel Area Building Footprint r *01 s oaf r Sub'ect Site P _ ~I *WSW ' d 23 r see ® o ® C ® wags s d ®f ®Ede t<w"°'' a P. J ® - ~ a c~ ~ : 9 ® o m ® 6 a ii as+ 93 ®®t 4 -4p a. MM F~q °s 1000 0 1000 2000 Feet Development/Developer. Schwan's Application: Conditional Use Permit Case No.: 18-CU-0403-05 Map Prepared using ERSI Arc\new 3.1. Parcel base map data provided N A- by Dakota County Office of GIS and is current as of January 2005. /vll~ W E CIS of en an THIS MAP IS INTENDED FOR REFERENCE USE ONLY v The City of .San and Dakota County do not guarantee the accuracy of this information and are S CommuNty Development DepaRnsnt not responsible for errors or omissions. Schwan's Current Zoning and Comprehensive Guide Plan CUP Land Use Map Case No. 18-CU-0403-05 Zoning Map 1-, Current Zoning: I-~ 1-1 Limited Industrial I- A A~ PD y?o ~P R- -4 <pJ? 4qP PD CGD R-1 go0 o goo 1206 F«t Comprehensive Guide Plan IND Land Use Map I D NO IND Current Land Use Designation: IND IN aP IND Location Industrial LD A IND 4°,®m $A , oy H D<°J Pt bt SA SA LD HD coo 0 goo 1200 F..t preol brio map Information providodby Dakota County Land Survey Departmott June 2003. N Zoning Infoutton mainLlnod byClty Staff, City of Eagan I b~ W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this information. 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A U \ Z / 33 L 6119 n F I ~ ~ 8 ~ 8 8 ~Et ~ ll J ~ O ~ ~ S 4 c~ a~ S S I I d ~sfi n o » e d" a ! gill @a ~ yy Y~ f<~~ ~ _y 3~: ~ • ' ~ I,,~y; I tl S 9 ~ ~ fib ,111 \ j- _ I Y +m ~ 1,. a1• _ .I I ~ ~d fill TM _ 1 ~ o 1 1 \ J,.. m , r_ k x J 1 ~ • I W s pan r amm 1, I = ~1 1 s 1 Y e 1: o 1 F. 9gg @ f$~ f ~a -j- !i g mml 1 g ~g 1i) r~ir~ titt^~eR iFr@ f ~ Ii~ DAR € fO or f~ rtre 1r Z A O m F[ C tt~ r rgEtq a L ID3 J 5 The Schwan Food Company Overview The Schwan Food Company, headquartered in Marshall, Minnesota, with annual revenues in excess of $3.0 billion, is one of the largest branded frozen food manufacturers and marketers in the U.S. The Company is among the largest privately held companies in America, placing 50th overall, second in Minnesota and fourth in the food processing industry according to Forbes Magazine's "500 Largest Private Companies - 2002". The Company's original business unit, Schwan's Home Service, is the nation's largest direct-to-home food delivery provider. From ice cream and pizza to ethnic specialty foods and fine frozen desserts, the Company's business units offer a full spectrum of food options. The Company's four business units combine to form a diversified company specializing in fine frozen foods. Business Units The Company's business units combine to form a diversified company specializing in fine frozen foods. The Company also provides foodservice and automotive equipment as well as business data services. From ice cream and pizza to ethnic specialty foods and fine frozen desserts, the Company offers a full spectrum of food options. The Company is organized into the following business units. The Schwan Food Company Consumer Brands Food Service Home Service Technology Group • Schwan's Home Service - The Company's original business unit, is the nation's largest direct-to-home food delivery provider. Home Service markets and distributes approximately 400 frozen food products under the Schwan's brand, including the Company's signature ice cream, pizza, choice meats, seafood and desserts. This business unit is based in Marshall, MN. • Schwan's Global Consumer Brands - The Company's retail-grocery division has manufactured, marketed and distributed premium foods since 1970. Leading brands including Tony's, Red Baron, Freschetta, Pagoda and Larry's have situated the Company as an industry leader. This business unit is based in Bloomington, MN. • Schwan's Food Service Group - The Company manufactures, markets and distributes value-added frozen food products to the commercial and non-commercial food industry under the Mrs. Smith's and Edward's Pie brands and through its Food Service unit. Its customers include public and private schools, universities, healthcare facilities, grocery and convenience stores and chain restaurants. Well-established product lines include Asian and Mexican ethnic specialties, pizza, pasta, sandwiches, pies, and other fine frozen desserts. This business unit is based in Atlanta, GA. • Schwan's Technology Group - The Company provides advanced solutions to the foodservice, insurance and automotive industries and government agencies through its Technology Group. This business unit is based in Eagan, MN. Eagan Project Details The business unit that has interest in locating in Eagan is Schwan's Home Service (SHS). This location would be one of about 500 locations that SHS operates across the nation. SHS has partnered with OPUS to construct a Sales and Operations Facility on this property located in the City of Eagan. Schwans Home Service currently is operating three smaller facilities that would be consolidated into this central location. Those facilities are currently located in the cities of Maplewood, Apple Valley and Savage. The operations conducted out of this facility would begin with approximately 75 employees. These employees would consist of Sales Management, Route Managers and Operations employees. There would be 50 to 55 of the Schwans Home Delivery Vehicles based out of this site. This site would be constructed for growth up to 75 home delivery vehicles. Summary of Operations Route Managers would be leaving the facility with the home delivery vehicles in the morning between 8:30 and 10:00. During the day the vehicles would be used on their home delivery routes. The vehicles would return to the facility in the evening typically between 8:00 and 9:30. The vehicles would remain on the property overnight for restocking, refueling and cold plate refrigeration operation. The operations employees would begin work in the evening upon return of the route trucks. The first step is refueling of the vehicles with propane from the above ground storage tank that will be onsite. After refueling the vehicle would be brought inside the warehouse for restocking. Based on past demands the appropriate product would be loaded onto the route truck from the freezer that will be housed Its- inside the warehouse. Once the vehicle has been restocked the vehicle would be brought outside, parked in its assigned stall and connected for recharging of the cold plate refrigeration system. The home delivery vehicle restocking would be completed by 4:00 to 5:00 a.m. The home delivery vehicles would be onsite overnight and also on the weekends. Schwan's uses propane fuel to power the majority of the home delivery vehicles. Schwan's has relied on propane (LPG) to power its fleet of vehicles since late in the 1970's. The conversion was done in response to gasoline shortages and unstable prices. Schwan's is a Clean Cities stakeholder in many coalitions across the nation. In 2001, the company was recognized for its leadership in promoting alternative fuels with a National Partner Award at the 7t' National Clean Cities Conference. LP Gas (propane) stored within a pressurized tank consists of both vapor and liquid propane. LP in the vapor form is typically used for heating purposes and is found and drawn from the top of the tank. Liquid LP is used for motor fuel and is found and drawn from the bottom of the tank. Liquid LP cannot be pumped vertically, so the pump for the LP must be physically installed at a lower elevation than the tank, therefore the LP must be stored in an above ground storage tank (AGST). Above Ground Storage Tanks containing LP must not be within confined spaces but rather be located so that natural ventilation will disperse the LP vapor in the event of a release. Also, Fire Departments typically like to see tanks that are easily sprayed from a safe distance to cool in the event of a fire in an adjacent area. Based upon the above information, we would request that you approve our Conditional Use Permit for the installation of an above ground, 18,000 gallon, LP storage tank, appropriately screened with an open grate, architectural grade, picket style fence, and landscaping. The installation shall be installed in strict accordance with NFPA 58 standards, all state and local requirements, and an approved, Fire Safety Analysis. Additional Narrative: Schwan will be constructing an approximate 16,800 s.f. depot that will have office area, interior shipping area with docks(also interior), and a freezer area. The timing is planned to commence construction in early May, assuming this gets approved at the May 3`d City Council, with completion scheduled for mid- November. This project fits with the Comp plan of industrial. The current use of this land is vacant land. The surrounding area is all industrial, with the exception of multi- family apartments to the south, but not abutting this site. Also note, that none of the Schwan trucks are equipped with the warning signal beeps, that indicate when trucks are backing up. I / b(.o Agenda Information Memo May 3, 2005 Eagan City Council C. CONDITIONAL USE PERMIT AND VARIANCES (MCDONALD'S -1995 SILVER BELL ROAD) ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for Denial) a Conditional Use Permit to rebuild a Class H restaurant with drive-through service, on property located at 1995 Silver Bell Road, in the SW 1/4 of Section 17, subject to the conditions in the APC minutes. To approve (or direct Findings of Fact for Denial) a Variance to the maximum 10 foot structure setback. To approve (or direct Findings of Fact for Denial) a Variance of 5.75 feet to the minimum 24- foot structure height. To approve (or direct Findings of Fact for Denial) a Variance of 19 stalls to the minimum required number of 67 parking stalls. REQUIRED VOTE FOR APPROVAL: Conditional Use Permit and Variance - majority of Councilmembers present FACTS: ➢ The site is located on the northeast corner of Silver Bell Road and Cedar Grove Parkway. ➢ There is an existing McDonald's restaurant with a drive-through window on the site. The restaurant was originally built in 1974, and the drive through was added in 1983. ➢ In 1998, the City initiated the Cedarvale Redevelopment Study. Following the Study in 2001, the City established the Cedar Grove TIF district, which was certified by Dakota County in December of 2002. ➢ In 2003, the City completed reconstruction of the Silver Bell Road/Cedar Grove Parkway intersection. Also in 2003, Special Area #5 was adopted and the CGD zoning district was established. Approximately 96 acres, including the subject property, were rezoned to CGD in June of 2003. ➢ A CUP was approved in 1983 for the current drive-through, however, the revised site plan and new CGD zoning warrant review for a new CUP. ➢ The new site plan orients the building toward the Silver Bell/Cedar Grove Parkway intersection. There are two drive-through order lanes on the northeast side of the building that converge into one pick-up lane on the northwest side of the building. There is stacking for more than the required six vehicles. ➢ The Design Review Committee, a subcommittee of the Economic Development Commission, reviewed the plans on April 21, 2005. The Committee believes that the proposal is consistent with the intent of the Cedar Grove District and supports the Variances. I~~ ➢ The proposed setback Variance is due to the free-standing nature of the building and the necessary vehicular circulation around the building for the drive-through business to function. McDonald's indicates that approximately 65% of its business is drive-through traffic. ➢ The proposed building height Variance is because the building is less than the minimum 24 feet. The 18'Y tall building is proportionate and appropriate for its scale; a taller building would be disproportionately tall, according to the applicant. ➢ A proposed parking Variance for 19 stalls is requested. The applicant anticipates an 80- 90 seat dining area and is proposing 54 parking stalls compared to the required 67. Staff recommends a further reduction of 6 stalls to protect existing oak trees. ➢ To protect the two specimen oak trees, minimal encroachment into the critical root zone is recommended, hence the additional 6-stall reduction in parking. For areas where encroachment is necessary, the use of structural soils is recommended to minimize compaction. Also, the City Forester is asking for preparation of a tree survival plan by a certified arborist prior to construction. ➢ One of the priorities for the redevelopment of the Cedar Grove area has been that new developments reflect the changing character of the area toward a more urban, pedestrian oriented neighborhood. Based on site visits in other communities, Council members have indicated a desire for features that will set the businesses in the area apart from similar businesses elsewhere. Staff has shared with the property owners the features the Council had seen in the Broad Ripple, Indiana McDonalds and have asked them to consider features that will set this store apart as well. The following points have been identified to date: a. The developer has made a point of providing sidewalk connections and bicycle parking to facilitate pedestrian access to the store. b. The Cedar Grove store is proposed to be an updated and architecturally attractive design, which the company has developed to be compatible with new urban development. The exterior materials and sign proposal meet or exceed the CGD requirements. The Cedar Grove location will be one of the first McDonald's in the state to use this new architectural design. c. The interior is planned to relate to a more adult market base, with more muted colors and finishes. d. The owner is taking bids for wireless service to be available to make the store an internet hotspot, recognizing the potential business from the transit users and condo residents in the area. e. The site design preserves two large, mature oak trees. While the owner will be adding landscaping and trees to the site, the ability to retain these specimen trees in this gateway location will be significant. The Advisory Planning Commission held a public hearing on April 26, 2005 and did recommend approval of the Conditional Use Permit and Variances, noting that this proposal is unique because it is a free-standing site and a rebuild of an existing use. ISSUES: ➢ The applicant is willing to reduce the on-site parking to protect the oak trees, but requested that they be allowed two parallel parking stalls near the drive-through exit lane 0$ for those instances where a drive-through customer has to wait for an item. This parking would allow the customer to pull off to the site, clearing the exit lane while they wait. The City Forester is agreeable to this compromise, provided the structural soils are used in this area. The Planning Commission discussed the materials to be used on the drive-through canopy and awning. The applicant proposed a brushed metal drive-through canopy, the same material to be used around the windows. The CGD district allows use of accent materials up to 10% on a building. The proposed metal window framing and canopy meet this standard. AGENCY ACTION DEADLINE: May 28, 2005 ATTACHMENTS (2): March 22, 2005 APC Minutes, pages 110 through l Staff Report, pages 1]3_ through ~vq City of Eagan Advisory Planning Commission April 26, 2005 Page 6 C. McDonald's Applicant Name: McDonalds Corp. Location: 1995 Silver Bell Road; Lot 2, Block 54, Section 17 Application: Conditional Use Permit A Conditional Use Permit to rebuild a Class II Restaurant (McDonald's) with the drive- thru service. File Number: 17-CU-06-03-05 Application: Variance A Variance of 5.75' to the minimum required building height of 24' to rebuild the McDonald's, a Variance to exceed the maximum building setback of 10', and a Variance to the required number of parking stalls. File Number: 17-VA-06-03-05 Chair Heyl stated she will be abstaining from voting on this item. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated April 20, 2005. She noted the background and history. Jim Hileman, McDonald's Corp. stated the need for a store front face lift. He discussed landscaping, drive-through operations, tree preservation, and building materials. Vice Chair Bendt opened the public hearing. There being no public comment, Vice Chair Bendt closed the public hearing and turned the discussion back to the Commission. Member Gladhill suggested that consideration be given to this proposal being an existing establishment. He further stated concern for the parking. Member Leeder stated approval of the proposal. Vice Chair Bendt stated he is in favor of approval and that this proposal is a good start to improvement. of the Cedar Grove development. Member Dugan stated support for the overall proposal, but disagreement with condition number 10. Member Gladhill moved, Member Hansen seconded a motion to recommend approval of a Conditional Use Permit to rebuild a Class II restaurant (McDonald's) with drive-through service, on property located at 1995 Silver Bell Road in the SW of Section 17 subject to the following conditions as amended: 1. This Conditional Use Permit shall be recorded at Dakota County within 90 days of approval by the City Council. 2. The property shall be platted prior to issuance of a building permit. 3. The site plan shall be adjusted to create the required 20-foot minimum parking setback on the southwest corner of the site. ~lv City of Eagan Advisory Planning Commission April 26, 2005 Page 7 4. The one-way drive aisle on the northeast side of the site sheuld shall provide a minimum of 35.5 feet between perimeter curb and outside order lane curb. 5. All grading, utilities and storm drainage issues will be addressed at the time of building permit application. 6. The property owner shall sign a waiver agreement, in a form acceptable to the City Attorney, waiving their right to object to or appeal the assessments under City Project No. 80OR - Cedar Grove Access Modifications. 7. In an effort to increase survival chances of the two specimen bur oak trees: a. The five parking spaces on the west end of the site near the south tree shall be eliminated. b. One parking space nearest to the north tree shall be eliminated. c. Structural fill type of soil shall be utilized to minimize critical root zone soil compaction to allow for the construction of compacted roadways while preserving a non-compacted tree root area. d. The applicant shall contract with a certified tree arborist to prepare a tree survival plan to ensure the survival of both trees. Actions recommended by this arborist may include fertilization, root aeration, growth stimulator injection, and/or therapeutic pruning, etc.) Such a tree survival plan should shall be submitted to the City Forester for review prior to issuance of a building permit, or commencement of construction activity on the site, including demolition or grading activity. 8. A revised landscape plan should shall be submitted prior to release of the CUP for recording. This revised plan shall show the following: a. Additional landscaping to achieve the 10% of total land area around the perimeter of private parking and driveway areas shall be landscaped, especially on the Cedar Grove Parkway, Hwy. 13, and Silver Bell Center sides. b. Automatic irrigation shall be provided, and noted on the landscape plan. c. Additional landscape elements shall be provided on the northwest and northeast sides of the property to screen the drive-through lane and parking lot from Hwy. 13. Such landscaping shall be 3'-4' in height and incorporate both deciduous and evergreen materials to achieve 75% opacity at maturity d. At least one shade tree shall be added to the landscaped parking lot island. e. Additional overstory trees shall be provided to achieve the standard of one overstory tree for each 25 feet of landscaped area where parking abuts the street, and one for every 500 sq. ft. of landscaped area on the entire site. f. The landscape plane shall be revised to include the required information (size of plant materials, root conditions, botanical names, root conditions, irrigation and grading contours) as well as modifications outlined in the staff report, before the Conditional Use Permit is released for recording. 9. Pole-mounted site lighting shall not exceed 20 feet in height. All lights shall be shielded and downcast to minimize glare. Light levels shall not exceed 0.5 footcandles at the property line. Within the parking lot, light levels shall not be less than 0.5 footcandles in all locations. 10. Awnings and canopies shall be of a color that is complementary to the brick and Dryvit materials. 11. The monument sign shall comply with the CGD zoning district standards for freestanding signs. M City of Eagan Advisory Planning Commission April 26, 2005 Page 8 12. All signage shall comply with the City Sign Code. The number of building signs is limited to three signs on two elevations, and directional signs may not exceed six square feet in area. 13. Each drive-through order lane may have one menu board; the merchandiser signs shall not be allowed. Chair Heyl abstained from voting on this item. All voted in favor. Motion carried 7-0. Member Gladhill moved, Member Leeder seconded a motion to recommend approval of a Variance to the maximum 10 foot structure setback to rebuild a Class II restaurant (McDonald's) with drive-through service, on property located at 1995 Silver Bell Road in the SW '/4 of Section 17. Chair Heyl abstained from voting on this item. All voted in favor. Motion carried 7-0. Member Gladhill moved, Member Hansen seconded a motion to recommend approval of a Variance to the minimum 24-foot structure height to rebuild a Class II restaurant (McDonald's) with drive-through service, on property located at 1995 Silver Bell Road in the SW '/4 of Section 17. Chair Heyl abstained from voting on this item. All voted in favor. Motion carried 7-0. Member Gladhill moved, Member Leeder seconded a motion to recommend approval of a Variance of 19 stalls to the minimum required number of 67 parking stalls to rebuild a Class 11 restaurant (McDonald's) with "drive-through service, on property located at 1995 Silver Bell Road in the SW '/4 of Section 17. Chair Heyl abstained from voting on this item. All voted in favor. Motion carried 7-0. I Lc_~ PLANNING REPORT CITY OF EAGAN REPORT DATE: April 20, 2005 CASE: 17-CU-06-03-05; 17-VA-06-03-05 APPLICANT: McDonald's Corp. HEARING DATE: April 26, 2005 PROPERTY OWNER: McDonald's Corp. APPLICATION DATE: March 29, 2005 REQUEST: Conditional Use Permit/Variance PREPARED BY: Pamela Dudziak LOCATION: 1995 Silver Bell Road COMPREHENSIVE PLAN: SA, Special Area ZONING: CGD, Cedar Grove District SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to rebuild a Class II restaurant (McDonald's) with drive-through service, on property located at 1995 Silver Bell Road in the SW '/a of Section 17. In conjunction with this proposal to rebuild the McDonald's, the applicant is requesting a Variance to the maximum required 10 foot building setback, a Variance to the 24 foot minimum required building height in the CGD, Cedar Grove District, zoning district, and a Variance to the number of required parking stalls. AUTHORITY FOR REVIEW Conditional Use Permit City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. Planning Report - McDonald's April 26, 2005 Page 2 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Variance City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. l~ Planning Report - McDonald's April 26, 2005 Page 3 d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. BACKGROUND/HISTORY The existing McDonald's was constructed on this site in 1974. In 1983, a Conditional Use Permit was approved to add a drive-through service window to the site. With the subsequent realignment of Hwy. 13 and the opening of new retail centers elsewhere in the City, this commercial area experienced a decline. In 1998, the City initiated the Cedarvale Area Redevelopment Study to evaluate the area's potential to create a viable mixed use area that would utilize the area's innate advantages (highway visibility and accessibility) while maintaining compatible land use relationships with surrounding uses. Following the Study in October 2001, the City formally created the Cedar Grove Redevelopment Tax Increment Financing (T1F) District, which includes this site. The TIF was certified by Dakota County in December of 2002. The City approved a public improvement project in 2001 to realign the Silver Bell Road intersection with Beau d'Rue Drive (now Cedar Grove Parkway) and Hwy. 13. Construction on the physical improvements was completed in 2003. The City's Comprehensive Guide Plan was amended in 2003 with the approval of the small area plan for Special Area #5 (Cedar Grove). The Cedar Grove Special Area plan was approved by the Metropolitan Council in April 2003 and implemented by the City on May 6, 2003. The City adopted the new Cedar Grove Zoning District ordinance in December 2002 and on June 3, 2003, the City Council approved a rezoning of approximately 96 acres within the Cedar Grove redevelopment area from various zoning districts to CGD, Cedar Grove District. The McDonald's site was included in this rezoning to CGD. EXISTING CONDITIONS The site contains an existing painted block building with a drive-through service window. Access to the site is provided from Silver Bell Road. Circulation is one-way around the building. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Its Planning Report - McDonald's April 26, 2005 Page 4 Existing Use Zoning Land Use Designation North Hwy. 13 South Senior Housing (Keystone) CGD, Cedar Grove SA, Special Area District East Commercial (strip mall and CGD, Cedar Grove SA, Special Area as/ convenience store District West Cedar Grove Pkwy./ Hwy. 13 street intersection EVALUATION OF REQUEST Proposal - McDonald's is proposing to construct a new Class II restaurant with drive-through service at 1995 Silver Bell Road. The narrative states that the present restaurant building "has come to the end of its viable life expectancy." The CGD, Cedar Grove District, zoning requires a Conditional Use Permit (CUP) for both Class II restaurants and drive-through facilities. A CUP for drive-through service currently exists for this site, however, since the existing building will be removed and the entire site redesigned, a new CUP is necessary for the reconstruction. The proposal reorients the building with the front towards the Cedar Grove Parkway and Silver Bell Road intersection, a gateway in the Cedar Grove Redevelopment Area. The proposed building is "a new architectural prototype" which McDonald's feels "meets the intent of the redevelopment." McDonald's further states "this prototype features a new and modern facade and is a dramatic departure from what exists today." There are three Variances associated with this proposal - for building height, building setbacks and parking. First, the building exceeds the maximum setback of 10 feet. Secondly, this one- story building has a height of 18'3" and thus, does not satisfy the CGD minimum structure height of 24 feet. Lastly, the number of parking stalls proposed is less than the amount required by the City Code. All of these Variances are discussed in greater detail later in this report. Compatibility with Surrounding Area - The surrounding area consists of a commercial strip mall with a gas/convenience store, a senior apartment building (Keystone) and future commercial redevelopment across Cedar Grove Parkway. The site is adjacent to Hwy. 13 and the Silver Bell Road/Cedar Grove Parkway intersection. While this site is included in the Cedar Grove Redevelopment area and TIF district, it is separated from the core of the redevelopment area by a major roadway, Cedar Grove Parkway, however, is located at a gateway into the area. The proposed use is the same as what exists today, but the redesign of the site plan and proposed new architecture of the building warrant review for compatibility with the Cedar Grove redevelopment area standards and policies. /lLR Planning Report - McDonald's April 26, 2005 Page 5 The owner's proposal to update and upgrade the property is consistent with the goal of the Cedar Grove Redevelopment District. It should be noted the applicant proposes to make these improvements entirely at their own expense. The applicant makes no request for TIF assistance for this project. Airport Noise Considerations - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter of its Metropolitan Development Plan that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in Eagan place the subject property within Noise Zone 4. Within this area, commercial retail development is considered to be consistent. Platting - Section 13.02, Subd. 3 of the City Code states that "no building permit shall be granted for the erection of any building or structure upon lands which are not platted Therefore, this property will need to be platted prior to issuance of a building permit. Compliance with this platting provision is currently in process. The applicant has recently filed the Final Plat application with the City. Site Plan - The site plan shows the building located in the central portion of the site. The drive- through service window is located on the west side of the building, adjacent to the Hwy. 13 right- of-way. Two order lanes are proposed on the northeast side of the building, converging into one pick-up lane. The drive-through lane has stacking within the site for more than the required six vehicles. The site plan also provides for pedestrian connections to the adjacent trail on Silver Bell Road and crosswalks, accommodations for pedestrians which are consistent with the goals of the CGD. Two driveways onto Silver Bell Road are shown. The eastern driveway is 38'8" in width, with one entrance lane and two exit lanes. The western driveway is 26'9" in width with one entrance and one exit lane. Most traffic is anticipated to enter the site though the eastern driveway, and circulate through the site around the building and exit on the western driveway. Vehicles leaving the site to go east on Silver Bell Road will need to exit at the eastern driveway to avoid the median. Vehicles may also need to exit at the eastern driveway if traffic along Silver Bell Road is stacked back to the western McDonald's driveway as is available in the current condition. Setbacks - The CGD zoning district establishes a minimum front yard setback of 0 feet and maximum of 10 feet, a minimum setback of 0 feet for side yards, and a minimum setback of 20 feet for rear yards. Parking setbacks are a minimum of 5 feet on side and rear yards, and 20 feet in front yards adjacent to public right-of-way. The parking setback on the southwest corner of the site is only 18'11". The site plan should be adjusted to create the required 20 foot minimum parking setback in this location. The McDonald's proposal satisfies the minimum side and rear yard setbacks, but exceeds the maximum 10 foot front yard setback. As a result, the applicant is requesting a Variance. The (17 Planning Report - McDonald's April 26, 2005 Page 6 applicant states that the required maximum 10 foot setback "compromises our ability to provide a long drive thru stacking lane which allows us to accommodate customers on our site and not in the street." Related to the setback variance are two other provisions which are not satisfied with this proposal. First, at least 85% of the street frontage of any lot shall be occupied by building facades meeting the build-to line. Second, the first 50 feet of the lot frontage on either side of a street intersection must be occupied by buildings meeting the build-to line. Parking or other space open to the sky is not allowed within the first 50 feet. These two provisions are more specific design standards intended to reinforce the required maximum structure setback within blocks consisting of adjacent properties. The inability to satisfy these two provisions follows from the requested setback Variance, and has the same basis. To accommodate the drive-through, the site design allows for vehicular circulation around the building. The applicant's narrative states "the percentage of customers using our drive thru ordering system keeps increasing and without this feature we are not viable. The safe, manageable and efficient use of this site dictates that we provide these drive thru customers a drive lane in front of the restaurant allowing customers to circle the building as needed without exiting onto Silver Bell." To the extent that replacement of a freestanding restaurant is a reasonable use of the site, strict adherence to the setback requirements presents a practical difficulty for the safe and efficient function of the site. Parking - City Code requires one stall for each 60 square feet of gross floor area, which calculates to 67 parking stalls for this building (4,042 gross sq.ft./60). A total of 54 parking stalls are proposed, resulting in a shortage of 13 stalls. This amount of parking proposed is six stalls short of what exists today. While the CGD zoning district allows on-street parking adjacent to a lot to count toward fulfilling the parking requirement, the streets adjacent to this site do not provide on-street parking. Thus, all required parking must be provided within the site. Consequently, the proposal entails a Variance of 13 parking stalls. The City Forester's recommendation to eliminate six parking stalls to preserve specimen oak trees on the site (see Tree Preservation section of this report) further reduces the number of parking stalls to 48, increasing the total parking Variance to 19 stalls. For comparative purposes, this 80-seat restaurant would require only 27 parking stalls using the restaurant standard of one stall per 3 seats of design capacity. The one stall per 60 s.f. parking standard was adopted with the Chapter 11 (Zoning Code) update in October 2003. Prior to that the City Code did not have a specific parking standard for Class II restaurants. Required parking for such establishments was "determined by the Council when reviewing the site plan based upon prior experience." A review of a sample of other Class II restaurants in the City shows a wide range of parking. The amount of parking is slightly less than other McDonald's restaurants in Eagan. Three of the four other McDonald's restaurants in Eagan have 60 or more parking stalls; the Town Centre McDonald's has 36 stalls. 11~ Planning Report - McDonald's April 26, 2005 Page 7 Arby's on Town Centre Drive 46 stalls Taco Bell on Town Centre Drive 26 stalls Wend 's on Pilot Knob and Crestrid a Dr. 36 stalls Wend 's on Cliff Rd. and Nicols Rd. 40 stalls McDonald's on Town Centre Drive 36 stalls McDonald's on Cliff and Nicols 64 stalls McDonald's on Hwy, 55 - Oakview Center 68 stalls McDonald's on Lexington & Diffle 80 stalls McDonald's on Silver Bell Road (existing) 60 stalls The site has a combination of 90° parking and angled parking. The proposed parking stalls meet the dimensional standards of the City Code. Drive aisles are designed to create the desired one- way and two-way traffic patterns, and allow for vehicles to bypass the drive-through pick-up lane. The one-way drive aisle on the northeast side of the site should provide a minimum of 35.5 feet between perimeter curb and outside order lane curb. The five stalls on the west side of the site also conflict with the drive-through exit lane. While it reduces the amount of on-site parking, the elimination of these five stalls as recommended to preserve a specimen oak tree, would also improve the safety and efficiency of the site circulation. The applicant indicates that approximately 65% of the traffic is drive-through and that amount is expected to increase. This ratio of drive-through traffic results in a lesser need for customer parking. While it would not be easy to quantify, the site's proximity to the core of a planned pedestrian- friendly redevelopment area that will include a high number of residential properties, the expansion of the connecting sidewalk and trail system, and the applicant's plans to provide sidewalk connections and bicycle parking, is expected to result in a decreased reliance on parking for a number of customers. The applicant states "We do provide sidewalks from the street and delineated walkways and bicycle parking to facilitate walk in and bike traffic to promote a more pedestrian friendly site layout." These accommodations for pedestrians are consistent with the goals of the CGD. Grading/Utilities/Storm Drainage - All engineering issues related to grading, utilities and storm drainage will be addressed with building permit submittal for this development. Wetlands/Water Quality - There are no jurisdictional wetlands on the property. Access/Street Design - Public street access is available from two existing driveways onto Silver Bell Road to the south. On April 19, 2005 the City Council approved a special assessment for this property for improvements under City Project No. 800R - Cedar Grove Access Modifications. As a condition of approval of this conditional use permit, the property owner should sign an agreement, in a form acceptable to the City Attorney, waiving their right to object to or appeal the assessments under City Project No. 800R. Ill Planning Report - McDonald's April 26, 2005 Page 8 Tree Preservation - There are few crabapple, ash and oak trees around the perimeter of the site. These trees are proposed to remain. The City Forester reviewed the site and the proposed plans and noted that two existing bur oak trees on the site are both specimen trees, with diameters of 39.7" (southern tree) and 38.1" (northerly tree). Bur oaks are classified as being "intermediate" as far as being tolerant to soil compaction, and being "tolerant" of root severance. The bur oak species is also classified as having a "high" landscape value. The trees are probably about 125- 150 years old. Mature age for bur oak trees is 300 years. Both the south tree and the north tree currently have existing parking lot surface as near as 16 feet from the trunk. The south tree has a crown spread of 35 foot radius, and the north tree has a crown radius of 30 feet. Both trees are in excellent condition, both biologically and physically. The proposed site plan indicates that new construction activity will occur to within one foot of both of the oak trees. These specimen trees will likely not survive this drastic encroachment. Considering the unique location of the trees (they both serve as grand landmarks to this gateway entrance to the City of Eagan) and their excellent condition, the preservation of these two magnificent trees (they are basically representatives of the "symbol of Eagan"), is still possible with minor adjustments to the proposed construction plans. In an effort to increase survival chances of these specimen trees, the City Forester recommends the following: 1. Eliminate the five proposed parking spaces adjacent to the south tree. This would eliminate the proposed encroachment towards this tree. 2. Eliminate one parking space nearest to the north tree. 3. Minimize additional critical root zone soil compaction by utilizing a soil fill type called "structural soil." This structural fill type of soil allows for the construction of compacted roadways while preserving a non-compacted tree root area. It has been used successfully for years in a variety of sites. The City Forester believes it would be a perfect application here at the McDonald's site. 4. The utilization of structural soil would not result in any changes to the proposed site layout. It would allow the proposed road layout to actually drive over the existing root system without increasing soil compaction. Without this type of soil amendment, the trees would likely die. 5. The applicant should contract with a certified tree arborist to prepare a tree survival plan to ensure the survival of both trees. Actions recommended by this arborist may include fertilization, root aeration, growth stimulator injection, and/or therapeutic pruning, etc.) Such a tree survival plan should be submitted to the City Forester for review prior to issuance of a building permit, or commencement of construction activity on the site, including demolition and grading activity. Landscaping - The proposed landscape plan shows extensive use of perennial flowers, groundcovers and grasses within landscape beds and islands. No new trees are proposed. The existing ash, crabapple, oak and spruce trees located around the perimeter of the site will remain. W Planning Report - McDonald's April 26, 2005 Page 9 Some of the existing trees shown are outside the boundaries of the property and do not count toward fulfilling the landscape requirements. Additional landscape elements should be provided on the northwest and northeast sides of the property to screen the drive-thru lane and parking lot from Hwy. 13. Such landscaping should be 3'-4' in height and incorporate both deciduous and evergreen materials to achieve 75% opacity at maturity. Automatic irrigation is also required and should be so noted on the landscape plan. In addition to the standard commercial landscaping requirements, some specific landscape design standards apply to the CGD zoning district. These items are listed below. a. All land area not occupied by buildings, parking, driveways, sidewalks, or other hard surface shall be sodded or mulched and landscaped with approved ground cover, flowers, shrubbery and trees. The plan appears to satisfy this standard. b. At least 10% of the total land area within the perimeter of private parking and driveway areas shall be landscaped. Landscaped areas provided within the build-to line may be credited toward this ten percent landscaping requirement on a square-foot-for-square-foot bases, for up to half of the ten percent requirement, or five percent. This appears to be satisfied on Silver Bell side, but not on Cedar Grove Parkway, Hwy. 13, or Silver Bell Center sides. c. Parking lot landscaped islands shall be a minimum of 150 sq. ft. in area, include at least one overstory or evergreen tree meeting the requirements of this ordinance. There is only one island and it is larger than 150 s.f., and does not have a shade tree. A shade tree should be added to this island. d. Where parking abuts the site perimeter there shall be provided at least one overstory tree per 25 feet of site perimeter. An additional shade tree is needed on the west side near the parking lot, four shade trees along Hwy. 13 side of property, and one in southeast corner of property. e. At least one overstory tree shall be provided for every 500 sq. ft. of landscaped area on the entire site. Per site plan, 13,605 sq. ft. is green, which would require 27 shade trees. Seven existing trees (oak and ash) are being preserved, an additional 20 overstory trees are required to meet the above standard. f. The landscape plan shall include a full complement of overstory, ornamental and evergreen trees, shrubbery and ground covers that are hardy and appropriate for the locations in which they are planted, and which provide year-round color and interest. This standard appears to be nearly satisfied. A variety of plant materials are proposed, however, additional evergreen materials should be provided for year-round color. Some perennials, such as the grasses, will provide year-round interest, but most will die back during the winter. Shrub species are primarily deciduous, as are the majority of existing and proposed trees. The landscape plan also lacks required information - basic site plan information (street names, north arrow, etc.), plant specifications (size of plant materials, root condition, and botanical names, irrigation information, and special planting instructions), grading contours, and signature of licensed landscape architect or nursery person. The landscape plan should be revised to include the required information and submitted before the Conditional Use Permit is released for recording. la1 Planning Report - McDonald's April 26, 2005 Page 10 Site Li hg tiny - The site lighting plan appears to be acceptable and satisfies the lighting standards in the CGD zoning district. Pole-mounted lighting is proposed in six locations. The proposed lights are 400 watt metal halide fixtures mounted at a height of 20 feet with external house side and rear glare shields. The photometrics show light levels less than one footcandle at the property line. Within the parking lot, light levels average 7.2 footcandles in the parking, with a minimum of 0.5 footcandles in all locations. Building Elevations/Architecture - The CGD district requires that building materials "be attractive in appearance, durable with a permanent finish, and of a quality that is consistent with the standards and intent of the Design Framework." The CGD ordinance establishes specific building and architectural provisions for the CGD zoning district. Primary materials may consist of brick, stone or glass and must cover at least 60% of the building fagade. Secondary materials may be decorative block or integrally colored stucco and may cover up to 30% of the building fagade; synthetic stucco may be permitted as a secondary material on upper floors only. Accent materials may include door and window frames, lintels, cornices and other minor elements covering no more than 10% of the building fagade. The proposed elevations show brick, glass and Dryvit (an EIFS or synthetic stucco material), with prefinished metal flashing and trim. Canvas awnings are proposed on the front elevation, and there is a decorative "eyebrow" feature on the west and south sides of the building. These architectural elements and the use of different colored materials provide visual interest to the building. Calculations provided by the applicant indicate that all building elevations will have more than 60% use of brick and glass, and 17%-26% in Dryvit and doors. This allocation of materials is consistent with the above CGD architectural guidelines. Three brick selections will be used on the majority of the building, with a Dryvit band on the upper three feet. No color was specified for the awnings, but they should be of a color that is complementary to the brick and Dryvit. The applicant submitted a supplemental narrative on the building from which I have excerpted this descriptive information: The main field brick will be the lighter end of the Endicot Autumn Sand Heritage Series with the darker end of this blend for accent bands on the drive thru side and around the drive thru windows. The Arcade area on the front and side elevation will be using an off-white colored MetroBrick Commons brick to contrast this architectural element. The Dryvit material at the top of the structure will be an Irish Coffee color again to accent the adjacent finishes. The canopy around the building is scheduled to be a metal painted to match our clear aluminum window framing. Awnings to be canvas. Building Height - The CGD district requires a minimum building height of 24 feet. This is in tended to encourage buildings that are or appear to be multi-story. The proposed building is one story with a parapet that extends to 18'3". This parapet will serve to screen rooftop equipment. An "eyebrow" feature above the main entrance extends to a height of 23'4". While this architectural feature adds to the height of the building as viewed from the front, it does not count /aa Planning Report - McDonald's April 26, 2005 Page 11 toward the building height as defined in the zoning ordinance. Therefore, a Variance of 5.75 feet for building height is necessary. The applicant acknowledges that the building falls short of the minimum height standards, and states that the proposed building design "will be the first one of its kind in the area and provides a more community friendly appearance with indirect lighting, softened roof lines and more natural color tones." The developer has also indicated that the height, length and width of the building are proportionate and look appropriate for its scale. A taller building on the store footprint would appear disproportionately tall. As with the site layout, the building height may be considered in the context of the unique aspects of this free-standing site. Trash Enclosure - A trash storage room will be attached to the principal structure. The trash storage is proposed to be on the north end of the building with an overhead access door facing east. Si a e - A free-standing sign is proposed at the south end of the site. The site plan notes it is "not to exceed 12 feet in height." The placement of the proposed sign appears to be consistent with the CGD requirements, and meets standard setbacks for free-standing signs. The sign should comply with the CGD zoning district standards for freestanding signs. The CGD district requires that freestanding signs be within a landscaped area, with a base constructed of the same materials and colors as the principal building, a minimum height of three feet and total sign area not to exceed 45 sq. ft. on each side. A general sign plan was provided showing typical building and drive-through signage for this building design. Wall signage is shown on all for elevations. While the size of the signs appear to comply with the Sign Code limits, the number of signs exceeds the allowable amount. The "golden arches" logo is considered a separate sign from the "McDonald's." The Sign Code allows each building three signs on two elevations; the proposal shows six signs on four elevations. Therefore, three signs on two elevations must be eliminated. Staff has concerns about the "freestanding and gateway merchandiser" signs. These are additional advertising signs that are posted in the drive-through order area. These signs are not consistent with the Sign Code. Only directional signs less than six square feet in area are permitted. Therefore, no freestanding advertising signage is allowed, and only directional signage and one menu board for each drive-through order lane are allowed. A detailed plan for the menu board should be provided prior to release of the Conditional Use Permit for recording, the plans should be revised to eliminate the merchandiser signs, and details of the proposed directional signage should be added. Variances - The Cedar Grove redevelopment area envisions more urban development with multiple story buildings set closer to the street. This vision is reflected in the CGD zoning standards with the required 24 foot building height and the maximum ten foot building setback. The CGD standards were intended to support an overall development plan by a single master developer. When single parcels remodel or redevelop, as is the case with McDonald's, the l03 Planning Report - McDonald's April 26, 2005 Page 12 design standards that were written for a much larger area are difficult to attain. Strict application of certain standards, namely the maximum structure setback, would interfere with efficient vehicular movement through the site and required stacking for the drive-through. While this proposal does not meet every CGD zoning standard, it appears to be consistent with the goals of the CGD redevelopment area. This proposal reinvests in the property, updates the architecture, improves the site layout, and provides for pedestrian friendly accommodations. Design Review Committee - The CGD zoning district requires that all development proposal must be reviewed by the Design Review Committee, which is comprised of three members of the Economic Development Commission. The Design Review Committee met on April 21, 2005, to review these development plans. Comments from the Committee included the following: Overall, the Design Review Committee believes that the proposal is consistent with the intent of the Cedar Grove District. The Committee supported the Variances, noting that the reduced building height is acceptable to achieve a proportionate appearance with this building footprint. The parking variance is acceptable due to the pedestrian accommodations and amount of drive- through business. And the setback variance is necessary to accommodate this type of free- standing drive-through facility. The committee commented that the improved site appearance and enhancement of this gateway to Eagan and the Cedar Grove Redevelopment area are desirable outcomes. The committee further commented that this type of private reinvestment in the area will enhance the City's efforts in the redevelopment of this area and is welcome and supported. SUMMARY/CONCLUSION The applicant is seeking to update and upgrade the existing McDonald's restaurant site with a complete rebuild of the facility at a gateway intersection of the Cedar Grove Redevelopment area. The applicant is requesting approval of a Conditional Use Permit to rebuild a Class II restaurant (McDonald's) with drive-through service, on property located at 1995 Silver Bell Road. In conjunction with this proposal, the applicant is requesting a Variance to the maximum required 10 foot building setback, and a Variance to the 24 foot minimum required building height in the CGD, Cedar Grove District, zoning district. A Variance to the amount of required parking was also identified during review of this proposal. The proposal appears consistent with the intent of the Cedar Grove Redevelopment area. Because it is a free-standing single-use site, and vehicular circulation is necessary to accommodate the drive-through traffic, the proposal exceeds maximum structure setbacks. The proposed architecture and building materials is an improvement from the existing painted brick building, but needs some additional modifications to satisfy the CGD materials standards. The single-story building requires a Variance for minimum height. Additional modifications to the landscape plan are necessary to provide all the required information and meet the specific landscape standards of the CGD district. Planning Report - McDonald's April 26, 2005 Page 13 The proposed use is the same as the existing use - a Class H restaurant with drive-through service. This new CUP is necessary not because of the use, but because of the revised site plan and the new CGD zoning which applies to the property. While this proposal entails a few Variances, it also results in an upgrade to the property that appears to be consistent with the goals of the Cedar Grove Redevelopment district. The Design Review Committee believes that this proposal is consistent with the goals of the Cedar Grove Redevelopment District, and supports the requested Variances. The committee commented that the improved site appearance and enhancement of this gateway to Eagan and the Cedar Grove Redevelopment area are desirable outcomes. ACTION TO BE CONSIDERED To recommend approval a Conditional Use Permit to rebuild a Class H restaurant (McDonald's) with drive-through service, on property located at 1995 Silver Bell Road in the SW %4 of Section 17. If approved, the following conditions should apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 90 days of approval by the City Council. 2. The property shall be platted prior to issuance of a building permit. 3. The site plan shall be adjusted to create the required 20-foot minimum parking setback on the southwest comer of the site. 4. The one-way drive aisle on the northeast side of the site should provide a minimum of 35.5 feet between perimeter curb and outside order lane curb. 5. All grading, utilities and storm drainage issues will be addressed at the time of building permit application. 6. The property owner shall sign a waiver agreement, in a form acceptable to the City Attorney, waiving their right to object to or appeal the assessments under City Project No. 80OR - Cedar Grove Access Modifications. 7. In an effort to increase survival chances of the two specimen bur oak trees: a. The five parking spaces on the west end of the site near the south tree shall be eliminated. b. One parking space nearest to the north tree shall be eliminated. c. Structural fill type of soil shall be utilized to minimize critical root zone soil compaction to allow for the construction of compacted roadways while preserving a non-compacted tree root area. d. The applicant shall contract with a certified tree arborist to prepare a tree survival plan to ensure the survival of both trees. Actions recommended by this arborist may include fertilization, root aeration, growth stimulator injection, and/or therapeutic pruning, etc.) Such a tree survival plan should be submitted to the City Forester for review prior to issuance of a building permit, or commencement of construction activity on the site, including demolition or grading activity. 8. A revised landscape plan should be submitted prior to release of the CUP for recording. This revised plan shall show the following: ~a5~ Planning Report - McDonald's April 26, 2005 Page 14 a. Additional landscaping to achieve the 10% of total land area around the perimeter of private parking and driveway areas shall be landscaped, especially on the Cedar Grove Parkway, Hwy. 13, and Silver Bell Center sides. b. Automatic irrigation shall be provided, and noted on the landscape plan. c. Additional landscape elements shall be provided on the northwest and northeast sides of the property to screen the drive-through lane and parking lot from Hwy. 13. Such landscaping shall be 3'-4' in height and incorporate both deciduous and evergreen materials to achieve 75% opacity at maturity. d. At least one shade tree shall be added to the landscaped parking lot island. e. Additional overstory trees shall be provided to achieve the standard of one overstory tree for each 25 feet of landscaped area where parking abuts the street, and one for every 500 sq. ft. of landscaped area on the entire site. f. The landscape plan should be revised to include the required information (size of plant materials, root conditions, botanical names, root conditions, irrigation and grading contours) as well as modifications outlined in the staff report, before the Conditional Use Permit is released for recording. 9. Pole-mounted site lighting shall not exceed 20 feet in height. All lights shall be shielded and downcast to minimize glare. Light levels shall not exceed 0.5 footcandles at the property line. Within the parking lot, light levels shall not be less than 0.5 footcandles in all locations. 10. Awnings shall be of a color that is complementary to the brick and Dryvit materials. 11. The monument sign shall comply with the CGD zoning district standards for freestanding signs. 12. All signage shall comply with the City Sign Code. The number of building signs is limited to three signs on two elevations, and directional signs may not exceed six square feet in area. 13. Each drive-through order lane may have one menu board; the merchandiser signs shall not be allowed. To recommend approval of a Variance to the maximum 10 foot structure setback to rebuild a Class H restaurant (McDonald's) with drive-through service, on property located at 1995 Silver Bell Road in the SW '/4 of Section 17. To recommend approval of a Variance to the minimum 24-foot structure height to rebuild a Class H restaurant (McDonald's) with drive-through service, on property located at 1995 Silver Bell Road in the SW 1/4 of Section 17. To recommend approval of a Variance of 19 stalls to the minimum required number of 67 parking stalls to rebuild a Class H restaurant (McDonald's) with drive-through service, on property located at 1995 Silver Bell Road in the SW '/4 of Section 17. ~o~ FINANCIAL OBLIGATION-I7-CU-06-03-05 -1995 Silver Bell Road 10-01700-020-54 McDonalds There are pay-off balances of special assessments totaling $-0- on the parcel proposed for the conditional use. At this time, there are pending assessments in the amount of $44,376 proposed to the parcel. The pending assessments are related to the improvements installed with Project 8008, Cedar Grove Access and Intersection Modifications. This project is scheduled for assessment on April 19, 2005. It is recommended that approval of the Conditional Use Permit be conditioned such that property owner agrees not to object to the assessment. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or conditional use. IMPROVEMENT USE RATE QUANTITY AMOUNT None -0- Total $-0- la? Eagan Boundary Location Map Paarcell Areaerline s Building Footprint a • 4 i ®>a r % mew RAM Sub ect Site o rr P 'rte. ►a►~ ' a VMS= ® ' ' A riNa, 'w~3 ® @ v~® A d R. Ism jjpff~ 100,414-104 1000 0 1000 2000 Feet Development/Developer. 1995 Silver Bell Road Application: Conditional Use Permit and Variance Case No.: 17-CU-06-03-05 & 17-VA-06-03-05 Map Prepared using ERSI ArcView 3.1. Parcel base map data provided N by Dakota County Ofnee of GIS and Is current as of January 2005. I THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E city of eagan The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S Community Dwelopment Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map McDonald's Conditional Use Permit and Variances Case Nos. 17-CU-06-03-05; 17-VA-06-03-05 Zoning Map R-3 i., i-, R-3 R-3 A PD y p m Current Zoning: a R-4 PD CG R3 CGD R-, Cedar Grove District CGD CGD Location • D G P 3 CGD $00 a see 1200 Feet Comprehensive Guide Plan Land Use Map IND IN QP MD MD LD SA IND y,lp• ~ t"f HD _d a`P e HD SA S Current Land Use Designation: LD HD SA SA SA Locatl Special Area 5 MD S P SA P D 000 0 000 1200 Feet Parcel base map iMormatlon providedby Dakota County Lend Surrey Departmekt June 2003. N Zoning informatlon maintained byCity itatL City of Eagan 1 c~ W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this Information. S ' ~r ! sLK ie:ai.iii aa:se-iiaFiF asas s::s:Fa"aa:.iFaaa sF ~ " c#E Ei --E! F eE' ! d'Sx g i? aEi$ 1 ar rip, U1. 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Z L ~ -1 m L mm ~ L O z t r I t t : ;g S 6 6 & S F S Fr Ei i R i ~ -F F t: 4 t ~ it i ELEVATIONS PROJECT:MCDONALDS FULLERTDMBUILDtNGSYS7ENS INC. °AT' 'y y I OPTIONS: a3iM 25M s7Ree7 = . m JOB MM6LER DESIGNED FOR: MCDONALDS I t✓ ~.wa67445M 56w[ ~N N 2 II JI PAX 15071 Is071 37"376.O422 5 y SRE LOCATION: SILVER BELL ROAD PH M 6 EAGAN, MINNESOTA 1 2\ www"lKhm Y6.- 7 t V~ u ~ ~r - ~YIIII~IiIl0ltliW SIDE FRONT HI DDT BOLLARD I f~I LJ FRONT SIDE i -LL Appmack Vuevi P..'i' s t-.w FREESTANDING MERCHANDISER a4TEWAYMERCHANDISER - i _ aeawnm 9 Feet 'ir Lam- I i . i APPROACH VIEW PASSING VIEW APPROACH VIEW P.dSSLNG VIEW DRIVE-THRUPYLONI CLEARANCE POLE ORDER HERE CANOPY SIGN PLAN -1 Everbrite IdentitySystemsDivision 315 Marion Ave., Soufh Milwaukee, WI 53172 888-857-4078 t t S ~ - t 2 , HI 48" BUILDING ARCH ~K , ` Side Front T Front Sick Arcade Wall Drive Thm Front ~~a l Side Entrtmce Front ecvtation SIGNATURE ROOF J - - i 37' 113r i ir3 i i Ak Front v'V "a q,'-:: 10) 144 "ik HI AWNING ELEMENTS ' (~tiekome Sign OT Side Elevation Font Elevation FRONT/DRIVE THRU UNIBODYELEMENTS Everbrite SIGN PLAN Fi Identity Systems Division 315 Marion Ave., South. Milwaukee, WI 53172 v 888-857-4078 Page 1 of 1 45 Wi 1 ~ 1 G v1 , Will Page ] of 1 i ' _ v _B S11U 1~~ • h1Ao ("nlmm~TwnPar (1 91>U~t1(15 • /nrnAn.rnctlexchan¢e.cnm(n`c~°naldc/luimex'~r1J"'Qlce~nnrrs~P°nnrrr.c Arrhitent.~saf9f105 cM httna fMVCDona1'dffs Jim Hileman Phone: 952/884-4355 Project Manager Facsimile: 952/885-4769 March 31, 2005 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Variance request for setback and building height and Modification to existing CUP for McDonald's Rebuild at 1995 Silver Bell Rd, Eagan, MN To Whom It May Concern: The subject McDonald's restaurant on Silver Bell Road first opened in 1974 and has come to the end of it's viable life expectancy and we request the City to allow us to construct a new McDonald's restaurant at it's present location. We are, by recent City action, now within, but not at the core of the new Cedar Grove Redevelopment District and by such action, fall under the new requirements of this redevelopment. Two of the requirements of this district will restrict our ability to rebuild at this location specifically the 0' to 10' maximum set back and the minimum building height of 24'. McDonald's is requesting that the City review and consider a new architectural prototype which we feel meets the intent of the redevelopment. This prototype features a new and modern facade and is a dramatic departure from what exists today. This will be the first one of its kind in the area and provides a more community friendly appearance with indirect lighting, softened roof lines and more natural color tones. The percentage of customers using our drive thru ordering system keeps increasing and without this feature we are not viable. The safe, manageable and efficient use of this site dictates that we provide these drive thru customers a drive lane in front of the restaurant allowing customers to circle the building as needed without exiting onto Silver Bell. The 0' to 10' set back also compromises our ability to provide a long drive thru stacking lane which allows us to accommodate customers on our site and not in the street. We do provide sidewalks from the street and delineated walkways and bicycle parking to facilitate walk in and bike traffic to promote a more pedestrian friendly site layout. 1,707 JO McDonald's Corporation 1650 West 82nd Street, Suite 900 Bloomington, MN 55431 !t Page 2 Our building elevation at our parapet is 18'-3" but features an architectural column element and an "eyebrow" which projects to an elevation of 23'-4". This is 8" below the minimum building height as dictated by the C.G.R. District. Simply adding building height to this structure destroys the symmetry of the design and produces a top heavy look. The fact that this building stands alone on this site precludes the intent of the C.G.R district to give a streetscape appearance. There is an existing Conditional Use Permit for the operation of a quick service restaurant with drive thru for this property and has been for over 30 years. With the reconstruction and realignment of this facility it has become necessary to amend this CUP to correspond to this redesign. Our new building orientation does a better job of shielding our drive thru lane from the residential property to the south and shows our best side to this property. The franchisee operating this restaurant has so for the last 15 years and is funding this redevelopment entirely with his own money. He makes no request for TIF or City of Eagan assistance other than this request for a variance. This new design and rebuild will serve to jumpstart the City's C.G.R District concept while preserving the design intent of this redevelopment. Please consider our request. Sincerely, Jim Hileman Project Manager Midwest Region t~ [MVCDonai1dffs e Jim Hileman Phone: 9521884-4355 Project Manager Facsimile: 952/885-4769 April 21, 2005 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Attn. Ms. Dudziak Re: McDonald's at Silverbell Rd. Eagan, MN Dear Ms. Dudziak: May this letter serve to clarify our intended exterior finishes for the proposed McDonald's at the above location. Our standard prototypical exterior and that shown on the submitted drawings indicates a red brick wainscot with Dryvit above. At the request of our franchisee and to comply with the Cedar Grove District we are substituting brick in most locations where we currently show Dryvit. I am submitting a revised elevation showing the following exterior finishes. We will be using three brick selections for this exterior to an elevation of 15'-3° at which point we will be using a Dryvit system for the last 3'. The main field brick will be the lighter end of the Endicot Autumn Sand Heritage series (Al) with the darker end of this blend for accent bands (A2) on the drive thru side and around the drive thru windows both to use red grout. The Arcade area on the front and side elevation will be using an off-white colored MetroBrick Commons brick (A3) to contrast this architectural element with a light grout to match. The Dryvit material at the top of the structure will be an Irish Coffee color again to accent the adjacent finishes. The canopy around the building is scheduled to be a metal painted to match our clear aluminum window framing. Awnings to be canvas. Please refer to the percentage calculation below. 1Lin McDonald's Corporation 1650 West 82nd Street, Suite 900 Bloomington, MN 55431 Page 2 The approximate percentages of materials are as follows: Right Side Elevation: Brick and Glass 74% Dryvit and Doors 26% Left Side Elevation: Brick and Glass 83% Dryvit 17% Front Elevation: Brick and Glass 83% Dryvit 17% Rear Elevation: Brick 83% Dryvit 17% 1 hope this clarifies any concerns you may have and do not hesitate to call if you need more information. Sincerely, Jim Hileman Project Manager Midwest Region Enclosed: building elevations S5 and S2 1~1 Agenda Information Memo May 3, 2005, Eagan City Council Meeting D. DISPOSAL OF CITY PROPERTY - CITY OF EAGAN ACTIONS TO BE CONSIDERED: To approve (or direct findings of fact for denial) Disposal of City Property to transfer city parcel (PIN 10-01800-010-53) within the Nichols Fen to the Department of Natural Resources (DNR). REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ It appears the subject parcel was originally acquired by the City in lieu of an easement for a storm sewer pipe outfall. This storm sewer was the outfall for much of the western portion of the City, including the Cedar Grove neighborhoods. The outfall discharged storm drainage into Nichols Fen resulting in significant degradation of this portion. ➢ After the storm in July 2000 and subsequent storm mitigation, the storm sewer was realigned and existing storm sewer abandoned. ➢ Participation in the cost of this restoration of this degraded portion of the fen is limited due to ownership of the property. ➢ Since the City has no need for the parcel, staff has suggested that a transfer of ownership could occur that would allow the DNR to fund the remainder of the restoration. ➢ The Advisory Planning Commission held a Public Hearing on April 26th, 2005 and determined that the disposal is consistent with the Comprehensive Guide Plan Amendment. ATTACHMENTS (2): Advisory Planning Commission Minutes on page/q,3, Item on pages 144 through (items not in bold) Na City of Eagan Advisory Planning Commission April 26, 2005 Page 10 E. Disposal of City Property Applicant Name: City of Eagan Location: 1000180001053 Application: Other Disposal of City property to the MN Department of Natural Resources (DNR). File Number: 18-DP-01-04-05 City Planner Ridley introduced this item and highlighted the information presented in the memorandum dated April 22, 2005. He noted the background and history. 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. Member Gladhill moved, Member Hansen seconded a motion to recommend approval of Disposal of City property to the MN Department'of Natural Resources. All voted in favor. Motion carried 7-0. VII. VISITORS TO BE HEARD (FOR THOSE NOT ON AGENDA) There were no visitors to be heard for items not on the agenda. VIII. OTHER BUSINESS Chair Heyl announced that Member Leeder will no longer be attending the Advisory Planning Commission meetings. She thanked him for his service to the City of Eagan. City Planner Ridley stated a Workshop will be held on May 12, 2005. IX. ADJOURNMENT Member Chavez moved, and Member Gladhill seconded a motion to adjourn the Advisory Planning Commission meeting at 8:35 p.m. All voted in favor. Motion carried 7-0. Respectfully Submitted by: Camille Yungerberg Recording Secretary I~-3 TO: MEMO _city of eagan 4~> MIKE RIDLEY, CITY PLANNER FROM: RUSS MATTHYS, CITY ENGINEER DATE: APRIL 18, 2005 SUBJECT: DISPOSAL OF CITY PROPERTY PIN 10-01800-010-53 1 have attached an exhibit of a parcel owned by the City of Eagan that I would lice to have considered for disposal. I understand that the disposal of any City property must be reviewed by the Advisory Planning Commission with a Public Hearing held to consider how the proposed disposal fits with the Comprehensive Guide Plan. If the disposal fits with the plan, consideration is forwarded to the City Council to determine if the parcel is excess property. Disposal of the property would occur at a fair market value. This memo addresses the facts regarding the proposed disposal of the aforementioned parcel. It appears that the parcel was originally acquired by the City in lieu of an easement for a storm sewer pipe outfall. This storm sewer was the outfall for much of the western portion of the City, including the Cedar Grove neighborhoods. The out&fl discharged storm drainage into the Nicols Fen. As a result of this discharge significant degradation of this portion of the fen had occurred. The Department of Natural Resources (DNR), Minnesota Department of Transportation (MnDOT) and the City of Eagan had worked together in the past to try to resolve this issue, but the state agencies had never been able to provide their portion of the funding. In July 2000, the City of Eagan experienced a torrential rainfall that resulted in flooding throughout the City, including the Cedar Grove neighborhoods. As a result of the flooding, the City Council authorized July 2000 Storm mitigation projects throughout the City. Permitting through the DNR was required for some of these improvements. As a condition of one of the permits, the city was required to realign the storm sewer outfall previously mentioned, abandoning all of the storm sewer in the referenced parcel. In continuing discussions with the DNR regarding the permit conditions, restoration of the degraded portion of the fen became an issue. Participation in the cost of this restoration effort by the DNR is apparently limited due to the ownership of the property. Since this property is surrounded by Fort Snelling State Park property managed by the DNR, they have a strong interest in acquiring this parcel. Since the City no, longer has an apparent need for the parcel, staff has suggested that a transfer of ownership could occur that would allow the DNR to fund the remainder of the restoration efforts upon the parcel. This disposal would have the additional benefit to the City of removing any additional financial obligations for the restoration. Upon the Advisory Planning Commission's approval on April 26, 2005, I would plan to forward this matter to the City Council for their consideration on May 3, 2005. Thank you for your assistance with this matter. Please contact me with any questions. T(-- C: Tom Colbert, Public Works Director City Engineer Gene VanOverbeke, Admin Svcs Director Eric Macbeth, Water Resources Coordinator Enclosure: Site Map URM/OYMMOINiools Fen Parcel Disposal-Ridry 5~ QP - PO ~Q J 2 n~O O 9G G~ DISPOSAL OF CITY PROPERTY PIN 10-10800-010-5: Agenda Information Memo May 3, 2005 Eagan City Council Meeting X. NEW RUNWAY/AIRPORT UPDATE ACTIONS TO BE CONSIDERED: This item is for informational purposes only. No formal action is required. FACTS: Open Houses ➢ The most recent Eagan New Runway/Airport Open House was held at Thomas Lake Elementary School on Thursday, April 21. ➢ Approximately 2,650 households received invitations to attend the open house, and there were about 225 people in attendance. ➢ The Thomas Lake Open Houses was the fifth of ten open houses in the community. ➢ The next Eagan New Runway/Airport Open House will be held on Thursday, May 19 at Woodland Elementary School, beginning at 6:30 p.m. ➢ Invitations to the Open House at Woodland Elementary have been mailed to approximately 1,885 households. New Runway Brochure ➢ Also, per the direction of the City Council, the comprehensive brochure created by the City of Eagan was included in the spring edition of Discover Us, which will be sent to approximately 27,000 households during the week of May 2-6. Baseline Noise RFP ➢ Per the direction of the City Council, a RFP was solicited for consulting services for the design and implementation of baseline noise measurements in preparation for the opening of Runway 17/35 at MSP Airport. ➢ Three proposals were submitted to the City, which were evaluated by a staff panel. ➢ The Airport Relations Commission (ARC) will be reviewing the top two proposals recommended by the staff evaluation panel. Phone interviews of the two firms will be conducted by a team of City staff and a committee of the ARC on May 16. ➢ A recommendation on a consulting firm to conduct baseline noise measurements and analyses will be provided to the City Council for consideration at the May 17 regular City Council meeting. 1~Le AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER MAY 3, 2005 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Resolution to Approve a Purchase Agreement for the Former Baskin Robins Property (John Bunkers), 3989 Cedarvale Boulevard E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURNMENT 147 Agenda Information Memo Eagan Economic Development Authority Meeting May 3, 2005 A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the agenda as presented or modified. C. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the March 15, 2005 EDA meeting as presented or modified. ATTACHMENTS: Minutes of the March 15, 2005 EDA meeting on pages. 149 MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota March 15, 2005 A meeting of the Eagan Economic Development Authority was held on Tuesday, March 15, 2005 at the Eagan Municipal Center. Present were President Geagan and Commissioners Fields, Carlson and Maguire. Commissioner Tilley was absent due to a death in her family. Also present were Executive Director Tom Hedges, City Planner Mike Ridley, Director of Public Works Tom Colbert, Community Development Director Jon Hohenstein, City Attorney Mike Dougherty, Administrative Secretary / Deputy Clerk Mira Pepper. ADOPT AGENDA Commissioner Fields moved, Commissioner Maguire seconded a motion to approve the agenda as presented. Aye:4 Nay: 0 APPROVE MINUTES Commissioner Fields moved, Commissioner Maguire seconded a motion to adopt a resolution approving the minutes of the February 1, 2005 EDA meeting as presented. Aye: 4 Nay: 0 NEW BUSINESS RESOLUTION TO PROVIDE RELOCATION ASSISTANCE TO FACILITATE THE PURCHASE OF THE JOOS ELECTRIC PROPERTY, 3980 CEDAR GROVE PARKWAY Community Development Director Hohenstein briefly discussed the background of the proposed relocation assistance to facilitate the purchase of the Joos Electric Property by US Home Corporation. Commissioner Fields moved, Commissioner Maguire seconded a motion to adopt a Resolution to Provide Relocation Assistance to Facilitate the Purchase of the Joos Electric Property, 3980 Cedar Grove Parkway, by US Home Corporation as Part of the Nicols Ridge Development in the Cedar Grove Redevelopment District. Aye:4 Nay: 0 ADJOURNMENT Commissioner Maguire moved, Commissioner Fields seconded a motion to adjourn the meeting. Aye:4 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. Agenda Memo Eagan Economic Development Authority Meeting May 3, 2005 1. CEDAR GROVE REDEVELOPMENT DISTRICT - RESOLUTION TO APPROVE A PURCHASE AGREEMENT FOR THE FORMER BASKIN ROBINS PROPERTY (JOHN BUNKERS). 3989 CEDARVALE BOULEVARD ACTION TO BE CONSIDERED: To adopt a resolution to approve a purchase agreement for former Baskin Robins (John Bunkers) Property, 3989 Cedarvale Boulevard, as a voluntary sale to the EDA for future redevelopment purposes. FACTS: • The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the execution of development agreements that are resulting in the construction of new private development consistent with the City's plans. At the present time, the City is working with Ryland and Schafer Richardson as the master developer of the core redevelopment area to initiate the next phases of the redevelopment. • While some property acquisitions in the past have been in anticipation of a specific redevelopment plan for a portion of the area, the City has also considered the voluntary acquisition of properties in which there is a willing seller. • The City has been approached by John Bunkers, owner of the former Baskin Robins building at 3989 Cedar Grove Parkway, requesting City consideration of the acquisition of the property. On January 4, 2005, the City Council authorized staff to enter into negotiations and to offer the owner $350,000 for the property. • Staff and Mr. Bunkers have agreed to a sale of the property at that amount. ATTACHMENTS: • Area map on page S • Resolutions on pages 15a 'V IS5 a <r t TJ J ~ ~ CI~J a _ f SliveoBeIIA Cedar Grove:Redevelopment Area Subject Site , Nicols Ridge 41 aDevelopment .'j 4 j ' s- -3 71. 1 1y _ -1 A 0 825 650 , dtvo6eagm ~ Cedar Grove Redevelopment Area 3989 Sibley` Memorial Hwy S EAGAN ECONOMC DEVELOPMENT AUTHORITY RESOLUTION APPROVING PURCHASE AGREEMENT FOR CITY ACQUISITION OF PROPERTY FOR REDEVELOPMENT IN THE CEDAR GROVE REDEVELOPMENT DISTRICT FOR THE FORMER BASKIN ROBINS PROPERTY (JOHN BUNKERS), 3989 CEDARVALE BOULEVARD BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the purchase agreement for the Former Baskin Robins Property (John Bunkers), 3989 Cedarvale Boulevard in the Cedar Grove Redevelopment Area Located in Cedar Grove TIF District for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, 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 regular meeting thereof assembled this P day of May, 2005. Jon Hohenstein, Secretary/Deputy Executive Director ~So~ CITY OF EAGAN RESOLUTION APPROVING PURCHASE AGREEMENT FOR CITY ACQUISITION OF PROPERTY FOR REDEVELOPMENT IN THE CEDAR GROVE REDEVELOPMENT DISTRICT FOR THE FORMER BASKIN ROBINS PROPERTY (JOHN BUNKERS), 3989 CEDARVALE BOULEVARD BE IT RESOLVED by the Eagan City Council to approve the purchase agreement for the Former Baskin Robins Property (John Bunkers), 3989 Cedarvale Boulevard in the Cedar Grove Redevelopment Area Located in Cedar Grove TIF District for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council in a regular meeting thereof assembled this 5`h day of May, 2005. Maria Petersen, City Clerk 1S3 Agenda Information Memo Eagan Economic Development Authority Meeting May 5, 2005 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting. 1Sy- h j ADMINISTRATIVE AGENDA REGULAR CITY COUNCIL MEETING EAGAN, MINNESOTA MAY 2, 2005 CITY ATTORNEY CITY ADMINISTRATOR Item 1. Consider Scheduling Special City Council Meetings-May 24, 2005 and May 31, 2005 Item 2. Correspondence - MAC / Contour Map Item 3. Informative / General Fund Results of Operations 2004 DIRECTOR OF PUBLIC WORKS DIRECTOR OF COMMUNITY DEVELOPMENT Item 1. Redevelopment District Update 17q City of Eapn ma TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 2, 2005 SUBJECT: ADMIMSTRATIVE AGENDA / MAY 3, 2005 CITY COUNCIL MEETING CITY ATTORNEY There will be a brief Executive Session to discuss matters of pending litigation including both the MAC and Wagner cases. CITY ADMINISTRATOR Item 1. Consider Scheduling Special City Council Meetings-May 24, 2005 and May 31, 2005 - It has been suggested that the City Council schedule an off-site retreat on May 24, 2005 for the purpose of discussing the progress being made on the 2005-2006 City Council goals. It has also been suggested that the City Council schedule a Special City Council meeting on the fifth Tuesday of the month, May 31, 2005. As a reminder, the May 10 Council workshop will be focusing entirely on transportation related items, as the Council directed at their January 20-21 Goals retreat. Therefore, if it is the desire of the Council to hold a Special City Council meeting on the 31St, some of the agenda items that are slated for the June 13 workshop could be addressed. If a meeting on the 31" is scheduled, staff will reallocate the agenda items to best meet scheduling demands. The following agenda items are tentatively scheduled for the June 13 City Council workshop; however, it is possible between now and the end of the month that additional items could be added to the workshop agendas. • Report on funding options for the Wescott Square Picnic/Program Shelter • Central Park Playground Proposal • Discuss Cascade Bay Repayment Options--$1 Million balloon repayment options and discussion regarding competing priorities at Cascade Bay • Funding Agreement with Dakota County re: Lebanon Hills • Joint meeting with the APC (second scheduled Advisory Commission joint meeting with the City Council) • Presentation by Mark Ulfers, CDA role and housing opportunities • General Discussion / Direction 2006 General Fund Budget i-79 ACTION TO BE CONSIDERED: To schedule a Special City Council Retreat on Tuesday May, 24, 2005 at 5:30 p.m. and schedule a Special City Council Meeting on Tuesday, May 31 at 5:30 p.m. Item 2. Correspondence - MAC / Contour Map - Per the request of Councilmember Carlson and at the consensus of the City Council at the April 26 Council workshop, a letter has been drafted to the Metropolitan Airports Commission (MAC) with a request for a map that demonstrates the projected DNL contours beyond the 60 DNL (i.e. a map showing the 55 DNL contour, 50 DNL contour, etc.). Upon receiving the direction at the April 26 workshop, City staff was in contact with Mr. Leqve to discuss the map being requested by the Council. Enclosed on pages and _VM is a memo from Assistant to the City Administrator Miller, which summarizes the co v rsation that Ms. Miller had with Mr. Leqve regarding the Council's request. Enclosed on page is the draft letter to MAC making a request for the map in advance of the next New Runway/Airport Open House at Woodland Elementary School on May 19, 2005. ACTION TO BE CONSIDERED: To direct that the City send correspondence to the MAC with a request for a map that demonstrates the projected DNL contours beyond the 60 DNL (i.e. a map showing the 55 DNL contour, 50 DNL contour, etc.). Item 3. Informative / General Fund Results of Operations 2004 - The following information regarding the 2004 results of operations in the General fund is presented in response to City Councilmember Carlson's request of April 26. The draft December 31, 2004 Financial Report shows General Fund revenues and transfers in of $21,917,899 compared to the budgeted number of $21,778,700. This is a favorable variance of $139,199 or .6% of the budget. The expenditures total is $20,700,263 compared to the budget of $21,740,400 (without the contingency). This is a favorable variance of $1,040,137 or 4.8% of the budgeted appropriations. In summary the fund balance will increase from $9,532,907 at December 31, 2003 to $10,750,543 at December 31, 2004. The new fund balance is 46.9% of the 2005 $22,910,400 General Fund expenditure appropriation. The December 31, 2004 Financial Report is scheduled to be presented to the City Council at the regular meeting on June 7, 2005. DIRECTOR OF PUBLIC WORKS There are no items at this time. I 8~ COMMUNITY DEVELOPMENT DIRECTOR Item 1. Redevelopment District Update - Staff is providing regular updates to the City Council regarding the City's redevelopment districts as a part of each administrative agenda. In addition to the information enclosed on page !E, , staff will be available to provide comments or respond to questions relative to the redevelopment projects at Tuesday's meeting. /s/ Thomas L. Hedges City Administrator ~0 / #b~ City of Ema TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR MILLER DATE: MAY 2, 2005 SUBJECT: MAC REQUEST / CONTOUR MAP Per the request of Councilmember Carlson at the April 26, 2005 City Council workshop, I was in contact with Chad Leqve, MAC Manager of the Aviation Noise and Satellite Program, regarding the request for a map of Eagan showing the contour lines beyond the 60 DNL. Mr. Leqve voiced his desire to help the City and the City Council best explain to residents the impact of the new runway. To follow up on Councilmember Carlson's request for a map showing the contour lines beyond the 60 DNL, he was in contact with Ken Duffy, who is the consultant from HNTB who oversaw the Integrated Noise Model (INM) data that was used to develop the 2007 60-65 DNL contours at MSP. Mr. Duffy informed Mr. Leqve that HNTB would have to rerun the INM input files to develop contour lines beyond the 60 DNL contour that were developed for the MSP Part 150 Update. Mr. Leqve commented that it is important to note that the INM input file flight tracks were developed in a geographic manner to ensure noise modeling out to the 60 DNL contour. Mr. Leqve added that it is possible that the flight track data utilized to develop the 60 DNL contour could cover the area further from MSP, where the 55 DNL contour would fall. However, HNTB would have to run the model to test the output and ensure that the input flight tracks extend far enough from MSP to model the 55 DNL contour. If they do not extend far enough, the tracks would have to be manually extended and input back into the model to develop the 55 DNL Contour. In the case of the 50 DNL contour, HNTB's feedback was that the tracks would have to be extended and input back into the model to develop the 50 DNL contour. In either case, HNTB services would be required and costs would be incurred by MAC. Mr. Leqve noted that this effort is significant when you consider the over 100 flight tracks that went into the contour generation process at MSP. The point that Mr. Leqve continues to reiterate is that DNL does not explain to residents what kind of single-event, or max level noise impact they will have when the runway opens because DNL is an average calculation; it does not mean anything to the lay person. Rather, a more accurate description of the noise impact is to provide single-event data, which is the strategy that both the MAC and the City are taking at the community open houses. Mr. Leqve, at each of the open houses, points to the fact that the MAC has the most comprehensive noise measurement system in the world, with 39 remote monitoring towers (RMT), including eight in the City of Eagan (four of the RMTs were added when the new runway was approved). To demonstrate the noise impact that a resident can expect come October MAC Request / Contour Map May 2, 2005 Page 2 2005, the MAC finds an RMT that is equidistant from the resident's address. By doing so, they can provide actual single-event data to demonstrate the decibel levels that the resident can expect. As an example, the comparable RMT may shows that a resident can expect most aircraft to be on average 3,000 feet above their home, with a noise level of approximately 60 decibels. To further demonstrate the effect, at each of the open houses, a noise simulation is provided to show residents what that comparable decibel level sounds like when they are sitting in their living rooms with the windows closed, and another demonstration that shows what the noise will sound like if the residents are sitting on their decks outside. As someone who receives numerous calls daily from residents inquiring about the impact of the new runway, I find that the most helpful information that I can provide is to send the residents to a comparable location where they can experience first hand what the noise will be like at their home when the runway opens. Per the request of Councilmember Carlson and at the consensus of the City Council at their April 26 workshop, I have prepared the attached letter, which makes a formal request of the MAC for DNL contour data beyond the 60 DNL. However, I thought it would be beneficial to pass along Mr. Leqve's comments for your information. AvIou- Assistant to the City Administrator /83 City of Ea~an Pat Geagan MAYOR May 3, 2005 Chad Leqve Peggy Carlson Manager - Aviation Noise & Satellite Programs Cyndee Fields Metropolitan Airports Commission Mike Maguire 6040 28th Ave. S. Meg Tilley Minneapolis, MN 55450 COUNCIL MEMBERS Dear Mr. Leqve: Thomas Hedges Cm ADMINISTRATOR As you will recall from the April 26, 2005 Eagan City Council meeting, the Council has requested a map of Eagan that demonstrates the projected DNL contours beyond the 60 DNL (i.e, a map showing the 55 DNL contour, 50 DNL contour, etc.). As the City prepares for the opening of Runway 17/35, such a map could be beneficial in demonstrating to residents the noise impact that the runway will have on their homes. The next scheduled open house in Eagan is Thursday, May 19 at Woodland Elementary MUNICIPAL CENTER School. In order that the contour map will be available a the next open house, the City 3830 Pilot Knob Road respectfully requests that the map be provided to the City by Tuesday, May 17. Eagan, MN 55122-1810 651.675.5000 phone Thank you for your consideration of our request. 651.675.5012 fax 651.454.8535 TDD Sincerely, MAINTENANCE FACILITY Pat Geagan 3501 Coachman Point Mayor Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651.454.8535 TDD www.cityoteagan.com THE LONE OAK TREE The symbol of strength and growth in our community. City of Eap mm TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: MAY 2, 2005 SUBJECT: REDEVELOPMENT DISTRICT ACTIVITY UPDATE The following update reflects activity in the City's redevelopment districts. Cedar Grove Redevelopment District • Schafer Richardson Ryland Development Agreement - The staff, consultants, City Attorney and developers held two negotiating sessions in April. The group is meeting on May 3 to continue negotiations. Progress continues in resolving remaining issues. A revised goal is to present the agreement for review by the Council Finance Committee and City Council in late May or June. • Acquisition and Relocation Plans - Acquisition and relocation are addressed in the draft development agreement. In addition, discussions are continuing with several property owners regarding City acquisitions from willing sellers within the area. A number of property owners are actively pursuing alternative sites. • Communications Activities - Staff is completing the second issue of the Cedar Grove Gateway, the monthly newsletter update. Website updates are also ongoing. • Nicols Ridge - Construction continues on the model homes for the project. Staff and US Home continue discussions with Wade and Debbie Yarbrough for the acquisition of their property in the near future. • Financing Plans - Staff and the consultants have provided information to the Council Finance Committee for the long term financing of the overall project. • Other Developments - In the greater Cedar Grove Redevelopment Area, a ground breaking was held for the River Ridge condominium project at Silver Bell and Kennebec last week. Plans are also proceeding for construction of the Schwan's distribution facility and the Opus Office Showroom at Cedar Bluffs on Kennebec. Northeast Eagan Redevelopment District • Grand Oaks Development - Grading continues and building permits are being processed for Grand Oak Five. • McGough Office Project - Negotiations on the development agreement for the Blue Gentian Road property appear to be complete, with some remaining details regarding the size range of the project. A draft final development agreement should be ready to present to the City Council/EDA in May or June. • Retail Development Potential - There is continuing interest in potential retail development in the Hwy 55 area. Staff will provide specific information to the Council if a specific project comes forward. City of E Me~o TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 2, 2005 SUBJECT: ADDITIONAL INFORMATION FOR MAY 3 CITY COUNCIL MEETING CONSENT AGENDA Item I, Change Order #1, Contract 05-05, Cascade Bay Pool Repairs-Enclosed is the action item and background information referred to as page 28A . Item L. Adopt 2005 Parks Capital Improvement Plan-In addition to excluding the Wescott Square picnic/program shelter for the Parks 2005 CIP, there was also a request that the proposed playground equipment/layout for Central Park be brought back to the City Council at a future workshop session. Item N. Mobile Command Vehicle-At the April 26 City Council worksession, a question was raised regarding the history of discussion or direction regarding the proposed police/fire command vehicle. Chief Therkelsen has prepared a memo entitled, "Command Vehicle Proposal History" that is enclosed and referenced as pages 65A through 65B. The memo references a chronology of meetings, memos and action regarding the proposed command vehicle item from 2001 through the April 26, 2005 work session. Thomas L. Hedszes City Administrator Agenda Information Memo May 3, 2005, Eagan City Council Meeting 1. APPROVE CHANGE ORDER # 1. CONTRACT 05-05,CASCADE BAY REPAIRS ACTION TO BE CONSIDERED: To approve change order # 1 to Contract #05-05, Cascade Bay Pool Repairs for $34,695. FACTS: • Change order number 1 is being recommended for approval after review by the consulting engineer and staff. • All of these changes are a result of additional work identified as repair work has begun. • The repair work is expected to be included as additional damages in the current arbitration proceedings. • At this point it is expected that the additional repair work will be within the parameters of the May 31 completion deadline. Repair improperly installed waterstop at all affected slab #001 and wall locations 5,200 Repair the cracked wall and negative slope of adjacent #002 slab-on-grade in lazy river. 2,570 #003 Repair the existing wall cracks in the lazy river walls. 6,900 #004 Install vertical soft joint in lazy river walls 915 Sawcut the joint between the top of the lazy river wall and #005 the adjacent slab-on-grade at specifically identified 4,620 locations. #006 Repair the vertical wall cracks in the lazy river walls with 14 490 high-pressure epoxy injection at identified locations ' ,~~,E OF,Ff MEMORANDUM EAGAN POLICE DEPARTMENT 3830 Pilot Knob Road Eagan, MN 55122 POLICE 651-675-5700 651-675-5707 FAX DATE: April 27, 2005 TO: Thomas Hedges, City Administrator FROM: Kent Therkelsen, Chief of Police SUBJECT: Command Vehicle Proposal History As you requested, I am providing information on the history of attempts to replace the command vehicle, in service since 1979. This information was derived from budget documents, City Council agendas and inter-officer memorandums on file. • Fire Department 2001-2005 CIP Part II proposal. Command vehicle identified for replacement in 2005. • Fire Department 2002-2006 CIP Part II proposal. Fire Chief Craig Jensen identified the command vehicle for replacement in 2004. In a memorandum submitted on September 12, 2001 with the CIP Part II request. A supporting memo from the police department was attached as well. • Inter-office Memorandum, September 3, 2002. In a memo from Dianne Miller to the City Administrator, Dianne recaps command vehicle research she had completed at your direction. • Fire Department 2003-2007 CIP Part II proposal. Command vehicle identified for replacement in 2003. • April 10, 2003. My notes from a table top disaster drill, attended by the Mayor and all City Council members in the Police Department EOC, reflect Mayor Geagan inquiring about the status of the command vehicle replacement and endorsing the idea of replacement. • Fire Department 2004-2008 CIP Part II proposal. Command vehicle identified for replacement in 2004. • City Council Agenda Information Memo dated November 18, 2003. The replacement of the command vehicle is discussed, with the conclusion that it cannot be accomplished through the allocation process in the Equipment Revolving fund. • City Council Action, March 16, 2004. City Council approval was requested and obtained for ~ S Command Vehicle Replacement History April 27, 2005 Page Two the Eagan Fire Department to apply for an "Assistance to Firefighters" grant to help fund replacement of the command vehicle. The grant application was submitted, but not funded. • City Council Retreat, January 21, 2005. During the department-head presentations, both Fire Chief Kriha and I identified replacement of the command vehicle as a priority for 2005-2006 and discussed the committee process that was underway. • City Council Meeting, April 26, 2005. Fire Chief Kriha and I presented a proposal to replace the command vehicle to the City Council. We were directed to request approval to purchase at the May 3, 2005 council meeting. Please let me know if you need any additional information. C/ Fire Chief Robert Kriha Deputy Police Chief James McDonald