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09/20/2005 - City Council Regular~r AGENDA _ .~~ EAGAN CITY COUNCIL -REGULAR MEETING ~ EAGAN MUNICIPAL CENTER BUILDING September 20, 2005 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA (.4t approximately 8:00 p.m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA a A. APPROVE MINUTES ~t f B. PERSONNEL ITEMS tl~~ C. CHECK REGISTERS r ~ D. APPROVE ISD 196 D.A.R.E. and Police Liaison Services Agreement for 2005-2006 School Year 2~ E. ACCEPT Eagan Police Portion of a County-wide Grant for Reimbursement of Overtime Activities Duected Toward DUI and Seatbelt Enforcement ~asF. APPROVE Policy Regulating the Sale of Surplus City Property ~6 G. RECEIVE Assessment Roll and Schedule Final Assessment Public Hearing (October 18, 2005) for Project 912 7 (Denmark Avenue, Deerwood Drive, Windcrest Addition -Street Overlay Improvements) ~~H. RECENE Assessment Roll and Schedule Final Assessment Public Hearing (October 18, 2005) for Project 913 (Walden Heights, Twin View Manor, Hillcrest Addition -Street Overlay Improvements) 3 l I. RECEIVE Assessment Roll and Schedule Final Assessment Public Hearing (October 18, 2005) for Project 878 (Cinnamon Ridge Addition -Street Overlay Improvements) ff ~ J. RECEIVE Feasibility Report and Schedule Public Hearing (October 18, 2005) for Project 786 (Denmark Avenue, r Wescott Road to Crestridge Lane -Street and Sidewalk Improvements) Pt{~K. APPROVE LED Signal Lighting Retrofit Agreement with City of St. Paul for City of Eagan Owned and Maintained Traffic Signals ~C/~L. APPROVE Response Continents to County's Storm Water Management Plan for Lebanon Hills Regional Park / 7 ~M. APPROVE Policy Pertaining to the Creation of Housing Improvement Districts to Assist with Certain Improvements of Association Managed Residential Property ~6' N. SCHEDULE Hearing to Consider Revocation of a Conditional Use Permit for Magnum Towing (Kevin Mellon, 4871 Biscayne Avenue 6 a O. AUTHORIZE Preparation of an Amendment to City Code Chapter 11, Permitted Uses ;n Park Zoning Uses b S P. APPROVE Extension of Final Plat Recording -Eagan Woods located in the NE '/< of Section 4 Q. APPROVE Off=sale Liquor License for Madigan Companies, Inc., dba Cedar Grove Liquor, 1983 Silver Bell Road ~` ~y R. APPROVE Final Subdivision -Tan Me Industrial Park 2°d Addition - A Final Subdivision of Approximately 2.58 I a Acres to Create Two Lots on Lot 2, Block 1, Tan Me Industrial Park located in the SE '/4 of Section 9 V. PUBLIC HEARINGS ~O A. PROJECT 937, Lone Oak Parkway (Sidewalk Improvements) VI. OLD BUSINESS ~3 A. CONTRACT OS-08, Lone Oak Drive -Plans and Specifications -Trail Improvements. y, ty ~ B. APPOINTMENT OF CITIZEN REPRESENTATIVES to Water Quality Management Plan Update Task Force. 1~~+ IOO. NEW BUSINESS g6A. PRELIMINARY SUBDIVISION - Esmeralda Addition -Charles Hanf - A Preliminary Subdivision of .62 acres to create two single family lots located at Lot 1, Block 1, Pilot Knob Heights Fourth in the SW '/< of Section 1. /D~B. SIGN ORDINANCE APPEAL -Appeal of staff interpretation relative to gas pump canopy signage. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. NEW RUNWAY/AIRPORT UPDATE yI /~ ~ A. Consider recommendation of the Airport Relations Comtnission regarding communicafion strategies following the (/IJ~ I opening of Runway 17/35. X. ADMINISTRATIVE AGENDA A. Comments by City Council, City Administrator, and Department Heads ' ~ ~ XI. ECONOMIC DEVELOPMENT AUTHORITY The Council acting as the Board of Commissioners of the Economic Development Authority (`BDA') Y 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 ~' (9 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Resolution to Approve a Purchase Agreement for the MEI Business Solutions (Yarbrough) Property, 4040 Cedar Grove Parkway E. NEW BUSINESS L~ 1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT -Schedule public hearing to consider a Development Agreement with McGough Companies and the Public Purpose of the Acquisition and Assembly of Property located on Blue Gentian Road and Blue Gentian Circle. E. OTHER BUSINESS F. 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. City of Evan ~e~o TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMIl~TISTRATOR HEDGES DATE: SEPTEMBER 19, 2005 SUBJECT: ADDITIONAL INFORMATION /SEPTEMBER 20, 2005 CITY COUNCIL MEETING PUBLIC HEARINGS A. Project 937, Lone Oak Parkway (Sidewalk Improvements)- Enclosed on page 85A is a letter from Northwest Airlines, Inc. stating their position with regards to the proposed improvement project. /s/ Thomas L. Hedges City Administrator Northwest Airlines, Inc. Department A7130 . ,,,,.,~ 2700 Lone Oak Parkway NORTHWESTAIRLINESe Eagan MN 55121-1534 nwa.com September 16, 2005 Mr. Tim Plath, PE Transportation Engineer City of Eagan 3501 Coachman Road Eagan, MN 55122 RE: Project 937 -Lone Oak Parkway Trail Improvements Dear Mr. Plath: Thank you for sending me a copy of the feasibility study for the above referenced project. Pursuant to our telephone conversation, I understand that the cost of the improvements would be borne solely by the property owners and that Northwest Airlines' share would be approximately $54,000. , We received notice of the public hearing to be held on September 20, 2005 regarding the assessment for the above referenced project. The purpose of this letter is to inform the City Council that Northwest Airlines does not support the proposed trail improvements along our property at 2700 Lone Oak Parkway. On Wednesday, September 14th, Northwest filed a voluntary petition for reorganization under Chapter 11 of the U.S. Bankruptcy Code. As you know, the industry has been struggling financially for quite some time. While we had hoped to avoid bankruptcy, this is a difficult, but necessary step in Northwest's transformation to compete now and into the future. Should you have any questions or comments, please do not hesitate to contact me at the direct dial number listed below. Sincerely, Tina Morin Manager, Corporate Real Estate and Finance 612/72b-4475 FAX: 612/726-6599 tina.morin@nwa.com 3oQ,LDIy~~ ~~ u ADMINISTRATIVE AGENDA REGULAR CITY COUNCIL MEETING EAGAN, MINNESOTA SEPTEMBER 19, 2005 CITY ATTORNEY CITY ADMINISTRATOR Item 1. Intergovernmental Agreement between the City and the Department of Public Safety, Minnesota Homeland Security and Emergency Management (HSEM) DIRECTOR OF PUBLIC WORKS DIRECTOR OF COMMUNITY DEVELOPMENT Item 1. Redevelopment District Update Item 2. Development/Construction Activity ~~ City of Evan kcmo TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 19, 2005 SUBJECT: ADMINISTRATIVE AGENDA /SEPTEMBER 20, 2005 CITY COUNCIL MEETING CITY ATTORNEY The City Council reserves the right to schedule an Executive Session for the purpose of considering threatened or pending litigation and matters of employee collective bargaining. CITY ADMINISTRATOR Item 1. Intergovernmental Agreement between the City and the Department of Public Safety, Minnesota Homeland Security and Emergency Management (HSEM) -Below is background on the Intergovernmental Agreement: • All Minnesota communities that have been contacted about sending City personnel-Police, Fire, Building Inspectors, etc.-to areas impacted by Hurricane Katrina, have received the enclosed agreement. • While no Eagan personnel have been deployed at this time, the City Attorney's office has recommended that the City Council give consideration to formally authorizing the Mayor and City Administrator to execute the enclosed agreement should the City be asked to provide assistance to the hurricane relief efforts. • If the City be asked to deploy personnel to areas impacted by the hurricane, the enclosed agreement would allow for the reimbursement of costs associated with the deployment. ACTION TO BE CONSIDERED: To authorize the Mayor and City Administrator to execute future Intergovernmental Agreements between the City and the Department of Public Safety, Minnesota Homeland Security and Emergency Management, in conformance with the enclosed Exhibit "A", for aid and assistance in connection with Hurricane Katrina Relief Efforts. ATTACHMENT: Enclosed on pages 1 ~ ~ through J~_ is a copy of the draft Intergovernmental Agreement. ~5~( DIRECTOR OF PUBLIC WORKS There are no items at this time. 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/~, staff will be available to provide comments or respond to questions relative to the redevelopment projects at Tuesday's meeting. Item 2. Development/Construction Activity - Per the Council's request, Community Development staff will provide bi-weekly updates of larger development and construction activity. The current update is enclosed on page. /s1 Thomas L. Hedges City Administrator EXHIBIT "A" Final DRAFT 8/11/0 INTERGOVERNMENTAL AGREEMENT Between Department of Public Safety and Minnesota Homeland Security and Emergency Management (HSEM) 444 Cedar Street, Suite 223 St. Paul, MN 55101 Contact Person: Kim L. Ketterhagen Ph: (651)-779-5641 E-mail: mail to: Kim.Ketterhaaen(c~state.mn.us Maximum Amount: Not to Exceed County Contact Person: Ph: E-mail: Start Date: , 2005 End Date: , 2005: No extensions of time will be granted without written approval of the county. INTRODUCTION: I. The Department of Public Safety, Minnesota Homeland Security and Emergency Management (HSEM), through the Emergency Management Assistance Compact (EMAC), Minnesota State Statute 192.89 and Chapter 12 coordinate emergency management and interstate mutual aid for the State of Minnesota. II. EMAC is the interstate mutual aid agreement to which most states belong that allows states to assist each other in times of disaster. When any member state's Governor declares a disaster or when a disaster is imminent member states may agree to provide assistance in response to requests from the impacted state(s). The assistance from other member states may be in the form of personnel and/or other resources. In response to EMAC requests, local government employees have volunteered to respond. In cooperation with County/City, HSEM has identified several experienced and qualified county/city employees who are available to deploy to assist with. response and recovery missions. These county/city employees will travel to and work in support of the Emergency Management Agency. III. NAME OF COUNTY/CITYEMPLOYEE & STATEMENT OFEXPERIENCE/QUALIFICATIONS This Intergovernmental Agreement establishes a services contract between the Minnesota Homeland Security and Emergency Management Agency and County/City for the loan of this county/city employee for the time period identified above. shall remain an employee of County/City throughout his/her deployment. HSEM hereby agrees to make the necessary travel arrangements for including airline, lodging, per diem expenses and other necessary miscellaneous expenses. Once the service is complete and the County/City employee submits his/her travel expense report, HSEM agrees to submit the travel expense report to the Emergency Management Agency for reimbursement through the EMAC reimbursement process. The County/City employee will continue to be paid by his/her county/city employer, will continue to receive the same benefits as if working at his/her home station, and will carry with him/her all the liability protections of a county/city employee as if working at his/her home station. HSEM assumes no responsibility for this county/city employee other than the accomplishment of their travel arrangements, the submission of completed travel expense reports through the EMAC reimbursement process, and the transmittal of reimbursement from the State of to the County/City. he/she will report to the upon arrival and perform duties as assigned. The EMAC A-team will provide 1~ emergency contact information for and HSEM will provide contact information and progress reports on their service throughout the period of deployment to the sending County/City. A. Liability: County/City employees rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes; and HSEM or its officers or employees rendering aid in another state pursuant to this compact shall not be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. County/City holds HSEM, its agents and employees harmless from any claims or cause of actions, including attorney's fees incurred by HSEM arising from the performance of this agreement by County/City or the County/City agent or employees. This clause will not construed to bar any legal remedies County/City may have for HSEM's failure to fulfill its obligation under this agreement. "Good faith" in this subdivision does not include willful misconduct, gross negligence, or recklessness. B. Supplementary Agreements. Nothing herein contained shall preclude HSEM from entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, and equipment and supplies. C. Compensation. County/City shall provide for the payment of compensation and death benefits to injured members of the emergency forces of County/City and representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own County/City. D. Reimbursement. HSEM, when rendering aid in another state pursuant to this agreement shall be reimbursed by the party state receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection. with such requests; provided, that any aiding party state may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party state without charge or cost; and provided further, that any iwo or more parry states may enter into supplementary agreements establishing a different allocation of costs among those states. E. State Audits. County/City documents relevant to this agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of the agreement. F. Government Data Practices. County/ City and HSEM must comply with Minnesota Government Data Practice Act. Minn. Stat. Ch. 13 as it applies to all data provided by HSEM under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by County/City under this agreement. The civil remedies on Minn. Stat. 13.08 apply to the release of data referred to in this clause by either County/City and HSEM. ~~~ G. Workers Compensation and Other Insurance. County/City certifies that it is in compliance with all insurance requirements. Further, County/City certifies that it is in compliance with all laws pertaining to workers' compensation insurance coverage. County/City employees and agents will not be considered HSEM employees. Any claims that may arise under workers compensation insurance coverage on behalf of these employees or agents and any claims made by any third party as a consequence of any act or omission in the part of these employees or agents are in noway the state's obligation or responsibility. H. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice-of-law provision, governs this agreement. Venue for all legal proceedings out of this agreement or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. IV. REIMBURSEMENT: Upon receipt of reimbursement from the State of ,HSEM shall transmit that reimbursement to County/City in a final amount for the authorized expenses claimed on the employee travel expense report (including salary and benefits), when reimbursement is received from the Emergency Management Agency. Reimbursement shall not exceed the final, total amount indicated on the travel expense .report. County/City shall submit a final invoice or other appropriate travel expenses report, with all appropriate documentation, to HSEM within 30 days of return to County/City. HSEM shall reimburse County/City within 30 days of receipt of reimbursement from the State of V. ALTERATIONS AND AMENDMENTS This Agreement may only be amended by mutual agreement of the parties. Amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. VI. TERMINATION Either party may terniinate this Agreement upon 30 days prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for perfonnance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. VII. IN WITNESS THEREOF, the parties hereto have executed this agreement on the day and yeaz last specified below. This Agreement contains ail the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. BY: BY: Al Bataglia, Director Date Name: Date Minnesota Homeland Security and Emergency Management Signing Authority Department of Public Safety County/City ~LQ~ City of Eagan memo TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON IIOHENSTEIN, COMMUNITY DEVELOPMENT DIItECTOR DATE: SEPTEMBER 19, 2005 SUBJECT: REDEVELOPMENT DISTRICT ACTIVTI'Y UPDATE The following update reflects activity in the City's redevelopment districts. Cedar Grove Redevelopment District • Schafer Richardson Ryland Development Agreement -The Finance Committee and staff have reviewed the current status of the development agreement and the Committee set a deadline of August 31 to complete the development agreement or consider other options to move forward with the redevelopment of the core area. The developer asked the opportunity to continue to negotiate and the Finance Committee consented to that request. The developer submitted a revised proposal and a negotiation meeting is set for September 20. • Affordable Housing -The developer's revised proposal commits to a 20% affordable housing component, with the workforce rental component to be constructed by the CDA. The developer, City staff and CDA staff have been meeting to identify an acceptable affordable housing goal and structure for the project. • Acquisition and Relocation Plans -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 -The Cedar Grove Gateway, the monthly newsletter update, is being distributed to businesses in the area. Website updates also continue. • Development Outside the Core Area -The new Cedar Grove McDonalds will open on Friday, September 23. Lennar has submitted materials for fmal subdivision of the Second Addition of Nicols Ridge project. Construction continues on the River Ridge Condominiums, Schwans Distribution Facility and the Opus Office Warehouse. Northeast Eagan Redevelopment District • Grand Oaks Development -Construction is well underway for the office building, bank and retail center at the intersection of Hwys 149 and 55. Staff and the consultants continue to work with TMI Coatings about their relocation to the Terminal Drive property. • McGough Office Project -Action to set the public hearing to consider the development agreement for the McGough office project is included on the EDA agenda. • Retail Development Potential -Staff understands that the prospective developer of the Hwy 55 site has not been able to come to terms with the owners of some of the properties to move forward with the project. Discussions are planned with the developer and one or more of the property owners to determine whether the concept remains viable. Southeast Eagan Masterplan • The predevelopment agreement with Revestors and Manley Development has been executed, the escrow deposit has been received and a consultant has been retained to perform the substandard analysis of the property in the area. `~ 3 City of Evan Mcmo TO: Jon Hohenstein, Community Development Director FROM: Dale Schoeppner, Chief Building Official Mike Ridley, City Planner DATE: September 16, 2005 SUBJECT: DevelopmentlConstruction Activity Update The following update reflects recent activity in the Building and Planning Divisions. Permits Issued Address Description Valuation Sg. Ft Type • 965 Diffley Rd Northview Elementary $900,000 1,408 Addition • 950 Blue Gentian Rd Netco Govt Services $215,000 Impr Development Activity • The Solomon Group has completed the razing and removal of the Mann Theatre and Red Robin buildings. • Granite City Food & Brewery will be opening next week. • Alex Young of MSP has indicated strong interest in the restaurant portion of the recently approved MSP Eagan Preserve project located at Yankee Doodle Road and Central Parkway. Staff will be happy to provide a brief overview of these items and/or respond to questions at Tuesday's meeting. As always, staff is available between meetings to respond to questions that may come to Council members' attention from the community. ~~~ City of Ea~a~ ~cmo To: HONORABLE MAYOR & COUNCILMEMBERS From: CITY ADMINISTRATOR HEDGES Date: SEPTEMBER 16, 2005 Subject: AGENDA INFORMATION FOR SEPTEMBER 20, 2005 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the September 20, 2005 City Council agenda, the following items are in order for consideration. Agenda Information Memo September 20, 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 September 6, 2005 regular City Council meeting and the August 23, 2005 special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the September 6, 2005 regular City Council meeting are enclosed on pages through ~. • Minutes of thest 23, 2005 special City Council meeting are enclosed on pages through a MINUTES OF A REGULAR MEETING OF THE ©~~ [' EAGAN CITY COUNCIL r T Eagan, Minnesota September 6, 2005 A Listening Session was held September 6, 2005 at 6:00 p.m. prior to the regular City Council meeting. All members of the City Council were present except Councilmember Carlson. Discussion was held regarding relief efforts for the Hurricane Katrina victims in Louisiana and Mississippi. A regular meeting of the Eagan City Council was held on September 6, 2005 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councihnembers Fields, Tilley and Maguire (Councihnember Carlson arrived at 6:50 p.m.) 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, Councihnember Tilley seconded a motion to approve the agenda as presented. Aye:4 Nay:O RECOGNITIONS AND PRESENTATIONS Mayor Geagan recognized Julie Johnson, newly appointed Parks and Recreation Director. CONSENT AGENDA City Admirstrator Hedges noted that Item H is being continued to the November 1 City Council meeting; and items O and U have been withdrawn by the applicants. Councihnember Maguire moved, Councilmember Tilley seconded a motion to approve the consent agenda as amended. Aye:4 Nay:O A. Minutes. It was recommended to approve the minutes of the August 16, 2005 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Brian Caron and Daniel McCarty as Police Officers. 2. It was recommended to approve the hiring of Jake Krinhop and Lauren Whitacre as part-time guest services representatives at the Community Center. 3. It was recommended to accept the retirement of Cris Marlette, part-time Clerical Tech IV at Central Services Maintenance. 4. It was recommended to amend the Flexible Benefit Plan and adopt the grace period extension of 2 months and 15 days, allowed under IRS Notice 2005-42. C. Check Registers. It was recommended to ratify the check registers dated August 18, August 25, and September 2, 2005 as presented. D. On-Sale Wine License. It was recommended to approve the On-Sale Wine, Sunday Wine license, Beer license and Consumption and Display (Set Up) permit for Sambol, Inc., dba Sambol Restaurant, 1260 Town Centre Drive. E. Off-Sale Liquor License. It was recommended to approve the off-sale Liquor License for Melina P. To, dba Melina's Discount Liquory, 3090 Courthouse Lane. F. Premises Permit. It was recommended to approve a Premises Permit Application for American Vets Post #1 to conduct apull-tab operation at Axel's Bonfire, 1555 C1iffRoad. G. Final Subdivision. It was recommended to approve a Final Planned Development for nine twin homes (18 units) upon 7.3 acres and a Final Subdivision (Homestead Village) to create 18 lots and one outlot for twin- home development upon 7.3-acres located at 500 Gun Club Road in the SE '/4 of Section 36. H. Final Plat. It was recommended to continue approval of the Final Plat for Halley's 2°d Addition and the Vacation of easements to the November 3, 2005 City Council meeting. I. Final Subdivision. It was recommended to approve a Final Subdivision (Blue Ridge 6~' Addition) to create two lots on approximately 20.4 acres located at 2955 Lone Oak Drive in the SW '/< of Section 1. Eagan City Council Meeting Minutes September 6, 2005 Page 2 ~RAFr J. Final Plat. It was recommended to approve a Final Plat (View Pointe) to create one lot on approximately 19.95 acres located at 3903 Valley View Road, west of Rahn Road and south of Cedar Grove Parkway, in the NE '/ of Section 19. K. Contract 04-07. It was recommended to approve the fmal payment for Contract 04-07 (Lexington Ridge - Street Improvements) in the amount of $11,404.30 to Veit & Company, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. L. Project 906. It was recommended to receive and approve the Final Assessment Roll for Project 906 (Lexington Ridge -Street Improvement). M. Project 914. It was recommended to receive the Final Assessment Roll for Project 914 (Thomas Lake Heights -Street Overlay) and schedule a public hearing to be held on October 6, 2005. N. Project 916. It was recommended to receive the Final Assessment Roll for Project 916 (St. Francis Woods - Street Overlay) and schedule a public haring'to be held on October 6, 2005. O. Easement Vacation. Withdrawn by apylicant. P. Project 937. It was recommended to receive the draft feasibility report for Project 937 (Lone Oak Parkway (Trail Improvements). Q. Project 888. It was recommended to authorize the preparation of a feasibility report by the City Engineer for Project 888 (Cedar Grove Parkway -Trail and Lighting Improvements) and approve the streetscaping design study report completed as part of Project 866 (Cedar Grove Streetscaping). R. Proiect 745. It was recommended to approve a request for the consideration of a variance to the Municipal State Aid standards for Project 745 (Blue Gentian Road -Street Realignment and Utility Improvements) to the Minnesota Department of Transportation State Aid Variance Committee and authorize the Mayor and City Clerk to execute all related documents. S. Capital Improvement Plan. It was recommended to approve Dakota County's draft 5-year Transportation Capital Improvement Program for 2006-2010. T. Project 918. It was recommended to approve a Project Agreement for Project 918 (Pilot Knob Road from Central Parkway to Lone Oak Road -Street and Traffic Signal Improvements) with Dakota County and authorize the Mayor and City Clerk to execute all related documents. U. Withdrawn by Applicant. Steeplechase Addition -City Proiect No. OS-M -Extension of the daily site construction work hours for Ryan Contracting, under the Steeplechase Addition development contract. V. Contract OS-07. It was recommended to receive the bids for Contract OS-07 (2005 City-Wide Sanitary Sewer Lining), award the contract to Insituform Technologies USA, Inc. for the Base Bid unit price up to $125,000 and authorize the Mayor and City Clerk to execute all related documents. W. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements within Outlot C, Eagan Woods Office Park 2°d Addition and schedule a public hearing to be held on October 6, 2005. PUBLIC HEARINGS VARIANCE -RENAISSANCE EXTERIORS City Administrator Hedges introduced this item regarding a request fora 1 percent variance to the building coverage maximum of 20 percent for a porch addition for property located at 4326 Amber Drive. City Planner Ridley gave a staff report. Craig Dauffenbach, Renaissance Exteriors, explained the need for the requested variance. Councilmember Fields moved, Councihnember Tilley seconded a motion to approve a 1 percent Variance to the building coverage maximum of 20 percent for a porch addition for property located at 4326 Amber Drive in the NE '/4 of Section 30, subject to the following conditions: Aye: 4 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The house and any accessory buildings shall not exceed 21 percent coverage area. Eagan City Council Meeting Minutes September 6, 2005 R /~ Page 3 /"~ OLD BUSINESS RESOLUTION APPROVING THE JOINT POWERS AGREEMENT ESTABLISHING THE DAKOTA COMMUNICATIONS CENTER City Administrator Hedges discussed this item regarding the appointment of an elected official to serve on the Board of Directors of the Dakota Communications Center. Councihember Tilley moved, Councilmember Maguire seconded a motion to appoint Mayor Geagan to serve on the Board of Directors of the Dakota Communications Center and appoint Councilmember Fields as an alternate to the Board. Aye:4 Nay: 0 Councilmember Tilley moved, Councimember Maguire seconded a motion to approve the Resolution approving the Joint Powers Agreement establishing the Dakota Communications Center. Aye: 4 Nay: 0 NEW BUSINESS CERTIFICATION OF PRELIMINARY 2006 BUDGET AND PROPERTY TAX LEVY AND SETTING OF TRUTH-IN-TAXATION HEARING DATES City Administrator Hedges discussed this item regarding the Preliminary 2006 Budget, Property Tax Levy and Truth-In-Taxation Hearing dates. Councilmember Carlson arrived at 6:50 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the preliminary payable 2006 property tax levy as follows: Aye: 5 Nay: 0 General Revenue levy: General Fund $18,225,400 Major Street Construction Fund 1,188,392 Equipment Revolving Fund 862,324 General Facilities Renew/Replace Fund 127,629 Market Value Homestead Credit 1.153.562 Subtotal -General Revenue levy 21,557,307 Community Center bonds debt service 1,202,093 Cedarvale Special Services District 3,000 Total levy $ 22,762,400 Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the preliminary General Fund expenditure budget, including contingency, of $24,017,500. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to set the initial Truth-in-Taxation hearing date for Monday, December 5, with a continuation hearing date (if necessary) of Monday, December 12. Aye: 5 Nay: 0 ORDINANCE AMENDMENT -CHAPTER 2, ADMINISTRATION AND GENERAL GOVERNMENT, REGARDING THE SALE OF PUBLIC PROPERTY City Administrator Hedges and Public Works Director Colbert discussed this item regarding an ordinance amendment pertaining to the sale of public property. Councilmember Fields moved, Councilmember Tilley seconded a motion to adopt an ordinance amendment to Chapter 2, Administration and General Government. Aye: 5 Nay: 0 S Eagan City Council Meeting Minutes September 6, 2005 Page 4 ~ D /\ CONDITIONAL USE PERMIT -SHAW INDUSTRIES City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to allow outdoor storage of up to 18 truck trailers, and a final plat to combine three existing lots into one for property located at 1090 Gemini Road. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a Conditional Use Permit to allow outdoor storage of up to 18 truck trailers for property located at 1090 Gemini Road in the NW '/4 of Section 11; subject to the following conditions: Aye: 5 Nay: 0 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 applicant shall apply for and obtain a City grading/excavation pemut prior to construction of the proposed parking lot expansion. 3. The outdoor storage is up to 14 truck trailers located in the parking lot on the south side of the building. 4. A drive aisle of 20 feet shall be installed between the rows of trailers in the storage area. 5. At least 25% green space shall be maintained. 6. Appropriate screening on southwest side of screen from Lexington Avenue. Councihnember Tilley moved, Councihnember Maguire seconded a motion to approve a Final Plat (Gemini Road Industrial Park) to combine three existing lots into one for property located at 1090 Genuni Road currently described as Lots 1, 2, 3, Block 6, Eagan Industrial Park #3 in the NW '/ of Section 11 subject to the following condition: Aye: 5 Nay: 0 1. The plat shall be recorded with Dakota County within 60 days of approval. CONDITIONAL USE PERMIT, VARIANCES AND FINAL PLAT SALEM COMMUNICATIONS City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit for expansion of a radio studio; a 30-foot front building setback Variance from the Cliff Road right-of--way; a 12.5 foot front parking setback variance from the Cliff Road right-of--way; a 20-foot pavement setback variance to allow a drive aisle within the Cliff Road right-of--way; and a final plat consisting of one lot upon approximately 19.6 acres located at 2110 Cliff Road. City Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional Use Perrnit for expansion of a radio studio on property located at 2110 Cliff Road, south of Cliff Road and east of Nicols Road, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Pemut shall be recorded at Dakota County within 60 days of approval by the City Council. 2. this development shall dedicate restricted access along Cliff Road to Dakota County, except in the location of the existing driveway. 3. This development shall dedicate public right-of--way for Cliff Road with the final plat, as required by Dakota County, 4. In accordance with City Code, all parking and service drive areas (new and existing) shall be constructed with concrete curb and gutter around its perimeter, with a piped storm sewer system. Councihnember Carlson moved, Councihnember Tilley seconded a motion to approve a 30-foot front building setback Variance to allow expansion of the existing radio studio building, subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be 6 Eagan City Council Meeting Minutes September 6, 2005 Page 5 ~ ~ ~ -}- requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. Councihnember Carlson moved, Councihnember Tilley seconded a motion to approve a 12.5 foot front parking setback Variance from the Cliff Road right-of--way, subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. In accordance with City code, all parking and service drive areas (new and existing) shall be constructed with concrete curb and gutter around its perimeter, with a piped storm sewer system. 3. All parking stalls shall be 10' wide by 19" deep, with 24-foot drive aisle. 4. Landscape screening should be installed north of the parking lot; big bluestem grasses are proposed. The Niobe Weeping Willow should be replaced with a different species of tree that is better suited to the growing conditions on this site. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a 20 foot pavement setback Variance to allow a drive aisle within the C1iffRoad right-of-way, subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. In accordance with City code, all parking and service drive areas (new and existing) shall be constructed with concrete curb and gutter around its perimeter, with a piped storm sewer system. 3. The existing pavement area shall be removed as shown on the Site Plan dated July 11, 2005, and the area restored with grass. 4. The developer is responsible for obtaining any county permits or agreements necessary for any landscaping improvements within the County right-of--way. Councihnember Carlson moved, Councilmember Tilley seconded a motion to approve a Final Plat (Atsinger Epperson Addition) consisting of one lot upon approximately I9.6 acres located at 2110 Cliff Road, south of Cliff Road and east of Nicols Road, in the NE '/ of Section 31. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT - AMTECH LIGHTING (PHILLIPS 66) City Administrator Hedges introduced this item regarding a Planned Development Amendment to install a new pylon sign for the Phillips 66 fuel station at 3575 Pilot Knob Road. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councihnember Fields seconded a motion to approve a Planned Development Amendment to install a new pylon sign for the Phillips 66 fuel station at 3575 Pilot Knob Road, legally described as Lot 1, Block 1, George W. Giles Addition, in the NE '/< of Section 16 subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. 2. The new pylon sign shall be set in a landscape bed. The applicant shall submit a landscape plan for the base of the sign for staff review and approval prior to release of the Conditional Use Permit for recording. 3. A sign permit is required prior to installation of the new pylon sign. 4. The proposed sign shall not exceed 27 feet in height, 115 square feet in area and a three line changeable message panel. 5. The proposed sign shall be set back from all property liens at least 10 feet. 6. The proposed sign shall be located as shown on the site plan, 68 feet north of the southern property line, approximately 190 feet from the existing Holiday pylon sign. Eagan City Council Meeting Minutes September 6, 2005 Page 6 ®RAFT 7. The electronic display shall be used for price information only and shall not blink or flash or contain a moving message. 8. The two existing free-standing sings must be removed. REZONING, PRELIMINARY PLANNED DEVELOPMENT, FINAL PLANNED DEVELOPMENT MSP COMMERCIAL City Administrator Hedges introduced this item regarding a rezoning of 3.5 acres from RD, Research and Development to PD, Planned Development; a Preliminary Planned Development to allow one office/medical building and two restaurant buildings; and a Fina] Planned Development for the proposed office /medical use for Lot 1, Block 2, Eagan Preserve. City Planner Ridley gave a staff report. Alex Young, MSP Commercial, discussed the background of MSP Commercial and use of the proposed building. He also discussed the proposed signage. Councihnember Carlson discussed the 4t° of July activities that would take place in the area, inquiring if MSP Commercial would be willing to work with the City in regazd to parking for the related events. Mr. Young indicated that his company would be willing to cooperate with the City during the 4's of July festivities. Councihnember Carlson stated that she prefers only Class I restaurants be recruited for the site. Mr. Young stated onlyfull-service, sit down restaurants are being considered. Councihnembers discussed the proposed signage and parking for the site. Councilmember Carlson stated her preference for building signage being limited to street/address and building name. Mayor Geagan and member Fields agreed. Councilmember Maguire explained his preference for limited building signage as discussed and a monument sign with tenant panels. 'The Council agreed. Councilmember Carlson moved, Councihnember Fields seconded a motion to approve a Rezoning of 3.5 acres from RD, Research and Development to PD, Planned Development for Lot 1, Block 2, Eagan Preserve in the SE'/, of Section 9. Ay: 5 Nay: 0 Councihnember Cazlson moved, Councilmember Tilley seconded a motion to approve a Preliminary Planned Development to allow one office /medical building and two Class I restaurants (with full service liquor) for property located on Lot 1, Block 2, Eagan Preserve in the SE '/< of Section 9, 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 Landscape Plan • Final Lighting Plan • Final Signage Plan 3. The developer shall provide evidence of private cross easements, in a form acceptable to the City Attorney, in favor of the adjacent property to the west to allow for the possible future parking lot connections and circulation. 4. The developer shall provide landscaping easement, in a form acceptable to the City, for the existing City streetscaping improvements located in the southeast corner of the site near the intersection of Central Parkway and Yankee Doodle Road. 5. The two restaurant buildings shall be limited to 45 feet or less in height. 6. If not contained within the building, a trash enclosure must be provided that is attached to the principal building and constructed of the same materials as the principal building. The trash enclosure must satisfy other design standards in the City Code. 7. Each restaurant shall comply with City Code requirements for parking. The restaurant capacity and parking will be reviewed for compliance with City Code requirements at the time of Final PD approval. B' Eagan City Council Meeting Minutes September 6, 2005 Page 7 CRAFT 8. The design and exterior materials of all buildings shall comply with the architectural standards set forth by the applicant the attached exhibit received July 20, 2005. ' 9. The proposed office building shall include a greater amount of brick exterior in place of EIFS. The revised elevation shall be submitted for incorporation into the Final PD Agreement. All buildings shall have at least 60% of each building facade finished with brick, stone, or glass as primary materials. 10. One monument sign shall be permtted for each restaurant; and one monument sign for the office building. The monument signs area subject to compliance with the City's sign ordinance. The monument signs shall have a base constructed of materials to match the principal building it serves. 11. There shall be no pylon signs within this development. Any future proposals for a pylon sign will require a Planned Development Amendment and will be subject to compliance with the City's sign ordinance. 12 Building signage shall comply with City sign ordinance requirements and be limited to the building name and address only. 13. Al] building signage shall be uniform in design, font, size and color, and be backlit or otherwise externally lit. Can signs or internally lit signs shall be prohibited so as to avoid the appearance of this building as a retail center. 14. All mechanical equipment shall be screened from views from off the property. 15. The developer agrees to work with the City in regard to parking for the 4's of July festivities. Councilmember Carlson moved, Councihnember Tilley seconded a motion to approve a Final Planned Development for the proposed office !medical use for Lot 1, Block 2, Eagan Preserve in the SE'/< of Section 9, subject to the following conditions: Aye: 5 Nay: 0 1. The applicant shall enter into a Preliminary and Final 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 prior to construction of the building. The following exhibits are necessary for the Final Planned Development Agreement • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Lighting Plan • Final Signage Plan 3. The developer shall provide evidence of private cross easements, in a form acceptable to the City Attorney, in favor of the adjacent property to the west to allow for the possible future parking lot connections and circulation. 4. The developer shall provide a landscaping easement, in a form acceptable to the City, for the existing City streetscaping improvements located in the southeast corner of the site near the intersection of Central Parkway and Yankee Doodle Road. 5. If not contained within the building, a trash enclosure must be provided that is attached to the principal building and constructed of the same materials as the principal building. The trash enclosure must satisfy other design standards in the City Code. 6. The design and exterior materials of all buildings shall comply with the architectural standards set forth by the applicant the attached exhibit received July 20, 2005. 7. The proposed office building shall include a greater amount of brick exterior in place of EIFS to achieve 60% of each facade comprised of brick, stone or glass. The revised elevation shall be submitted for incorporation into the Final PD Agreement. 8. One monument or other free-standing signs are permitted for the office building. 9. Building signage shall comply with City sign ordinance requirements and shall be limited to the building name and address only. 10. All building signage shall be uniform in design, font, size and color, and be backlit or otherwise externally lit. Can signs or internally lit signs shall be prohibited so as to avoid the appearance of this building as a retail center. 11. All mechanical equipment shall be screened from views from off the property. 12. The developer agrees to work with the City in regard to parking for the 4`~ of July festivities. 9 Eagan City Council Meeting Minutes ~~~ September 6, 2005 ~ T Page 8 a( ORDINANCE AMENDMENT -ZONING MAP UPDATE City Administrator Hedges introduced this item regarding the update of the Zoning Map City Planner Ridley explained that this update incorporates all approved rezoning since the last map publication. Councihnember Maguire moved, Councilmember Tilley seconded a motion to approve the publication of the Zoning Map of the City of Eagan, Minnesota, pursuant to Chapter 11 Entitled "Land Use Regulations (Zoning)" Section 11.50 Subd. 5 of the City Code, incorporating all approved rezoning since the last map publication, administrative changes, corrective map errors, and 2007 MSP Noise Exposure Zones. Aye: 5 Nay: 0 LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE Mayor Geagan discussed plans being made by the City, in conjunction with other area organizations, in regard to assisting the victims of Hurricane Katrina in Louisiana and Mississippi. NEW RUNWAY /AIRPORT UPDATE City Administrator Hedges provided an update regarding the new runway /airport. The City Council meeting was recessed at 8:15 to immediately convene a meeting of the Economic Development Commission. The regular City Council meeting was reconvened at 8:20 p.m. VISITORS TO BE HEARD David Brulet, representing the Eagan Core Greenway provided information regarding the Greenway Music Festival to be held September 18, 2005. Representatives of Quiznos Restaurant requested permission to have a person display (wear) signage in front of, and in the vicinity of the restaurant. Staff explained that this type of signage is a violation of the City Code and Mayor Geagan explained that the City Council cannot deviate from the Code standards. Councihnember Tilley moved, Councihnember Maguire seconded a motion to adjourn the regular City Council meeting at 8:30 p.m. and convene a closed session to discuss pending litigation regarding Wensmann, the Charter Commission and Cascade Bay. 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. /o MINUTES SPECIAL CITY COUNCIL MEETING AUGUST 23, 2005 5:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields and Maguire. (Councilmember Tilley was not present.) City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Chief Financial Officer Pepper, Administrative Intern Walz, Fire Chief Kriha, Public Works Director Colbert, Communications Director Garrison, Police Chief Therkelsen, Deputy Police Chief McDonald, Police Lieutenant Pike, Superintendent of Parks Olson and Community Development Director Hohenstein. I. ROLL CALL AND AGENDA ADOPTION Mayor Geagan called the meeting to order. City Administrator Hedges noted that the City has received a request for an exemption from lawful gambling permit from Faithful Shepherd Catholic School. Mayor Geagan noted that Councilmember Tilley was ill and would not be in attendance at the meeting. Councilmember Maguire moved; Councilmember Fields seconded a motion to approve the agenda, with the addition of an item to consider the permit request of Faithful Shepard School. Aye: 3, Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. CONSIDERATION OF EXEMPTION FROM LAWFUL GAMBLING PERMIT - FAITHFUL SHEPHERD CATHOLIC SCHOOL City Administrator Hedges introduced the item noting that Faithful Shepherd Catholic School has applied for an exemption from lawful gambling permit in order to conduct a raffle and sell pull-tabs on September 23 - 25. Hedges added that due to State timing requirements, Faithful Shepard is seeking the permit at the August 23 Council workshop. Councilmember Carlson arrived at 5:35 p.m. Councilmember Maguire moved; Councilmember Fields seconded a. motion to approve an exemption from lawful gambling permit for Faithful Shepherd Catholic School to allow them to conduct a raffle and sell pull-tabs on September 23 - 25, 2005. Aye: 4, Nay: 0 // IV. CONSIDERATION OF DRAFT 2006 GENERAL FUND BUDGET AND PROPOSED 2006 LEVY CERTIFICATION City Administrator Hedges introduced the item noting that preparation of the 2006 preliminary General Fund Budget began this past May, with departments each submitting budget requests in June. Hedges noted that formal presentations by the department directors have not been prepared; however, the department directors are prepared to respond to any questions the Council.may have about the proposed departmental budgets. Hedges added that the City must certify a proposed levy to the County Auditor, adopt a proposed budget, and select dates for the initial continuation of the Truth and Taxation Hearings no later than September 15. Formal City Council action to comply with those requirements is scheduled for September 6, 2005 regular City Council meeting. City Administrator Hedges and Director of Administrative Services summarized the proposed 2006 General Fund Budget including an overview on the City market value, tax capacity, tax levy, tax rates, tax history, proposed General Fund personnel changes, various General Funds included in the levy, Truth and Taxation dates, and public policy issues needing to be addressed by the City Council. Hedges also noted that according to the most recent State Auditor's report, Eagan continues to rank lowest in per capita spending for cities over 50,000 in population. City Administrator Hedges, while summarizing the revenue projections and proposed expenditures in the General Fund Budget, noted that the 2006 General Fund Budget is proposed to increase by 4.6 percent, which includes a contingency account. Director of Administrative Services noted that the tax capacity rate for 2006 is proposed to decrease by 5.2 percent. The City Council discussed the proposed Truth and Taxation Hearing dates. There was City Council consensus to hold the initial Truth and Taxation Hearing at the Monday, December 5, City Council meeting and the December 12 Special City Council meeting would serve as the continuation hearing if necessary. The Council then noted that final action on the budget would take place at the regular City Council meeting scheduled for December 20. The City Council discussed the proposed 2006 budget and reviewed the overviews prepared for each department. Inflationary costs such as rising fuel costs and the required increase in PERA contributions were noted. The City Council discussed the proposed Network Administrator position proposed in the Information Technology Division. The Council suggested that funding be put into the budget for the hiring of a consultant to review the current IT functions in the City in order to make a decision on staffing needs within the IT Division. The Council also requested that the outside consultant review the impact that the consolidated dispatch will have on the IT functions. The City Council discussed the increases in health insurance costs in 2006. The Council requested a copy of the joint health insurance report that was prepared through the HiPP Project. The City Council discussed the funding request for consulting services to aid the Technology Working Group. Communications Director Garrison provided an overview of the proposed consulting services. The City Council requested additional information on the request for consulting services, including responses to the following questions: 1.) How could the City /~ recoup its costs to hire the consulting services? 2.) What services would the City receive through an allocation of $50,000? 3.) How could this service be captured through an Enterprise Budget? The City Council discussed the request fir two additional Police Officers that were included in the 2006 proposed budget. Police Cliief Therkelsen provided an overview of the need for the additional officers. The City Council discussed the proposal for afull-time Fire Chief. City Administrator Hedges provided an overview of the Committee process that has taken place within the Fire Department leading up to the recommendation for afull-time Chief. The City Council requested that they be provided a copy of the proposal for afull-time Chief upon completion by the Fire Department Committee. The City Council discussed the reconunendation to repaint the tennis courts at Northview Park and commented on the contribution of School District 196. Superintendent of Parks Olson noted that the improvement at the tennis courts is needed, particularly since they serve as the competition courts for the City. City Administrator Hedges highlighted the revenues of the various recreational programs. Per the direction of the Council, City Administrator Hedges summarized that action will be scheduled for the September 6, 2005 regular City Council meeting to adopt the preliminary 2006 budget and certify the proposed 20061evy. Hedges noted that the levy can be reduced after September, but cannot be increased. V. OTHER BUSINESS There was no other business. VI. ADJOURNMENT Councilmember Maguire moved; Councilmember Fields seconded a motion to adjourn at 7:150 p.m. Aye: 4, Nay: 0 /3 Agenda Information Memo September 20, 2005 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Fitness Instructors/Fitness Attendant/Eagan Community Center-- ACTION TO BE CONSIDERED: To approve the hiring of Jennifer Estevez as a Fitness Instructor and Terri Elfner as a Fitness Instructor/Fitness Attendant at the Eagan Community Center. Item 2. Electronic Mail -Data Practices and Records Retention Policy-- ACTION TO BE CONSIDERED: To approve the Electronic Mail-Data Practices and Records Retention Policy for City of Eagan employees, and include the policy in the City's Basic Personnel Policy. FACTS: • Per the recommendation of the League of Minnesota Cities and the City Attorney, staff has prepared a policy pertaining to electronic mail (e-mail), which ensures that the City's e-mail records adhere to the Minnesota Data Practices Act and the General Records Retention Schedule for the State of Minnesota. • The policy also assists in the City's efforts to utilize the a-mail (Outlook) system for communication purposes, but not for storage of official City records; rather, under the policy, all official government records will be stored on the City's network and backed up accordingly. • The policy was prepared by a committee of employees, and reviewed and recommended by the Senior Management Team. ATTACHMENTS: • Enclosed on page ~ is the proposed Electronic Mail-Data Practices and Records Retention Policy. Item 3. Dispatchers Bargaining Agreement-- ACTION TO BE CONSIDERED: To ratify the Collective Bargaining Agreement between the City of Eagan and the Dispatchers Bargaining Unit for the years 2005 to 2007. Item 4. Administrative Coordinator/Parks & Recreation Campus Facilities-- ACTION TO BE CONSIDERED: To approve the hiring of Kristin Rogers for a one year assignment as Administrative Coordinator for the Campus Facilities in Parks & Recreation. /~{ Agenda Information Memo September 20, 2005 Eagan City Council Meeting FACTS: • This position was previously approved in the budget for fiscal year 2005-2006. /S *To be included in the overall IT Policy Electronic Mail (E-mail}-Record Retention/ Data Practices Purpose: To establish practices to protect the City's a-mail records and adhere to the Minnesota Data Practices Act and the General Records Retention Schedule for Minnesota Cities Policy: E-mail messages are subject to regulation under the Minnesota Data Practices Act and the General Records Retention Schedule for Minnesota Cities. The content of the message determines whether an e-mail is public or non-public/private. It is the responsibility of the employee sending an e-mail to determine whether the a-mail is public or non-public/private. In the case of a-mails received from outside of the organization, it is the responsibility of the employee receiving the a-mail to determine whether it is public or non public/private. If an employee is uncertain whether an e-mail is public, he/she should contact the City's Deputy Clerk, who is the City's appointed representative for issues associated with records retention. When an e-mail is sent or received externally and it is determined that it is public information, the a-mail and any attachments to the a-mail must be retained in order to document the transaction. Therefore, all public a-mails must be either printed and filed as a hard copy or moved to the City's electronic network (G or H drives). All public e-mails, whether in hard copy form or contained on the network's drives, must be managed according to the Minnesota Data Practices Act and the General Records Retention Schedule for Minnesota Cities. The content of an e-mail determines how long the message needs to be retained. E-mail is intended as a medium of communication, not for information storage; therefore, the e- mail system (Outlook) should not be used for the storage or maintenance of official City records or other City information. Likewise, a-mails stored on the network should be limited only to public a-mails that must be retained according to the Records Retention Schedule. As of December 15, 2005 all a-mail messages will automatically be deleted from Outlook 60 days after receipt. As of January 15, 2006, all a-mail messages will automatically be deleted from Outlook 30 days after receipt. The City will back up individual employee mailboxes daily. The daily backups are kept for 30 days, which means that IT staff will not be able to restore a deleted a-mail that is more than 30 days old. If retention of any message is warranted beyond a 60-day period (or 30-day period as of January 15, 2006), the message should either be retained as a hard copy or moved to the network as noted above. ***Employees will be required to sign off on the overall Information Technology Policy to demonstrate their willingness to adhere to the policy. /6 Agenda Information Memo September 20, 2005 Eagan Ciry Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated September 8, 2005 and September 15, 2005 as presented. ATTACHMENTS: • Check registers dated September 8, 2005 and September 15, 2005 are enclosed without page number. /~ Agenda Information Memo September 20, 2005, Eagan City Council Meeting D. APPROVE ISD 196 D.A.R.E. AND POLICE LIAISON SERVICES AGREEMENT FOR 2005-2006-SCHOOL YEAR ACTION TO BE CONSIDERED: To approve the ISD 196 D.A.R.E. and Police Liaison Agreement for the 2005-2006 School Year. FACTS: - The City of Eagan and ISD 196 have partnered for a number of years in teaching D.A.R.E. to students in the eight ISD 196 elementary schools in Eagan. - The district wishes to continue this relationship and agrees to pay the City $22,009 for an Eagan Officer to teach D.A.R.E. for the 2005-2006 school year. - The City of Eagan and ISD 196 have also previously partnered in establishing a school resource officer in the three ISD 196 secondary schools in Eagan. - The district wishes to continue this relationship and agrees to pay the City $64,567 for Eagan Police Officers to continue working in the schools for the 2005-2006 school year. - The total amount the district will pay the City of Eagan for providing D.A.R.E. and Police Liaison Services for the 2005-2006 school year is $86,576. ATTACHMENTS: (1) Enclosed on pages ~~ through ~~ is a copy of the cover letter requesting approval and the D.A.R.E. & Police Liaison Services Agreement between ISD 196 and the City of Eagan. /~ INDEPENDENT SCHOOL DISTRICT 196 14445 DIAMOND PATH WEST ROSEMOUNT, MINNESOTA 55068-4199 Jill E. Coyle, School District Attorney 651-423-7883 FAX 651-423-7727 jill.coyleC~district196.org August 2005 Mr. Tom Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Mr. Hedges: iiiGivj~.u iv a GvY j' of th:, aru~tal D.A.P~.E. a'tG PoI:C°v LIiiSCt „erviC~.S t^,greernent for the 2005.206 SCh^vvl _year The amount specified in the agreement was verified in conversation with representatives of your police department. The Minnesota Legislature has maintained the same amount of funds per pupil for the "Safe Schools Levy" as last yeaz. We have provided the local police departments who work with District 196 an increase in funding of 3 %. Levy funding for the D.A.R.E. program has been capped at $50,000 districtwide by the Boazd of Education. This amount is then divided by the number of fifth graders to determine the amount each department will receive per pupil served. This year's funding is $24.51 per student, up slightly from $23.81 last year. Based on 898 fifth graders in the eight elementary schools in Eagan, the payment for the D.A.R.E. program will be $22,009. The City of Eagan will receive a 3% cost-of-living increase which amounts to $1,881, to help cover costs for Eagan officers assigned to District 196 schools. The City of Eagan will receive a total of $64,567 for police liaison services at the three secondazy schools in Eagan. Taking all this into consideration, the City of Eagan will receive a total of $86,576 for D.A.R.E. ($22,009) and police liaison services ($64,567) in the eleven District 196 schools in Eagan that receive such services. PieaSe rCJicw this ti:):,1iiaCiit aid ryi~;u'21 tie o;gricd CO~,y tC i"'i~C. Sincerely, Jill E. Coyle School District "Attorney Enclosure cc: John Currie, Superintendent Jeff Solomon, Director of Finance Jane Stewart, Principal on Special Assignment 196 Educating our students to reach (heir full potential Serving Apple Valley, Burnsville, Coates, Eagan, Inver Grove Heights, Lakeville, Rosemount, and Empire and Vermillion Townships /9 D.A.R.E. & POLICE LIAISON SERVICES AGREEMENT: SCHOOL DISTRICT NO. 196 AND CITY OF EAGAN THIS AGREEMENT is made and entered into this day of , 2005 by and between SCHOOL DISTRICT NO. 196, a Minnesota municipal corporation, (hereinafter "School District") and CITY OF EAGAN, a Minnesota municipal corporation, (hereinafter "City"). RECITALS WHEREAS, for purposes of this Agreement, the School District's participating elementary schools within the City consist of the following schools: Deerwood, Glacier Hills, Northview, Oak Ridge, Pinewood, Red Pine, Thomas Lake and Woodland. WHEREAS, for purposes of this Agreement, the School District's participating secondary schools within the City consist of the following schools: Black Hawk Middle School, Dakota Hills Middle School and Eagan High School; and WHEREAS, the parties enter into this Agreement pursuant to Minnesota Statutes § 126C.44. NOW THEREFORE, the parties hereto agree as follows: 1. The City agrees to provide a police officer who is a state certified peace officer and certified D.A.R.E. instructor to instruct a curriculum of drug abuse resistant education ("D.A.R.E.") in the School District's elementary schools. 2. The School District agrees to pay the amount of $22,009 to the City as and for the City's costs incurred in teaching the D.A.R.E. program for the School District. 3. The City agrees to provide a state certified police officer to perform an average of 20 hours per week police liaison services to each of the School District's secondary schools for the purpose of assisting in the establishment and trained coordination of a cooperative community approach among the School District's schools, students, parents, police and other community resources to address the needs of the students and community members. The City's police liaison services shall include, but not limited to: a. Prevention of delinquency; b. Protection of life and property; and c. Law enforcement. 4. The School District shall pay the City the amount of $64,567, as and for the City's police liaison services to the School District. 5. The parties agree and acknowledge that the police officers who are assigned to provide D.A.R.E. instruction and police liaison services in the schools are, and will continue to be, members and employees of the City and its police department. The police officers shall not become an agent or employee of the School District by virtue of this Agreement and shall not make any representations to the contrary. The officers shall operate under the direct administration and supervision of the police department but will work in cooperation with school administrators to further mutually agreed goals involving the police department, schools and students. The officers shall not have disciplinary authority within the schools or be considered educational service providers, but shall be limited to their police functions. ao 6. The amount to be paid by the School District as specified in Paragraphs 2 and 4 herein shall be payable for the 2005-2006 school year upon approval of this Agreement by both parties. 7. This Agreement is effective for the 2005-2006 school year; upon the expiration of the 2005-2006 school year, this Agreement shall automatically terminate. 8. Each party shall be liable for the acts and omissions of its own agents and employees and not the acts and omissions of the other party's agents and employees. The parties' liability shall be limited by the provisions of the Municipal Tort Claims Act, Minn. Ch. 466 or other applicable law. 9. The parties agree that all government data collected, shared or received as a result of the parties' duties under this Agreement shall be handled and maintained in accordance with all applicable federal, state and local laws, rules and regulations governing government data, including, but not limited to the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. The parties understand and agree that any sharing of data between them must occur in accordance with the law governing the dissemira±ion of data, ircluc~ing, but not limited ±o; specif c laws and governing the sharing of data on students and minors. SCHOOL DISTRICT NO. 196: By: Rob Duchscher Its: Chairperson By: Mike Roseen Its: Clerk STATE OF MINNESOTA ) ss. COUNTY OF ) On this day of , 2005, before me a Notary Public within and for said County, personally appeared ROB DTJCHSCHER and MLKE ROSEEN, to me personally known, who each being duly sworn by me, did say that they are the Chairperson and Clerk of School District No. 196 and that said instrument was signed and sealed on behalf of said School District by authority of the School Board and said Chairperson and Clerk acknowledged said instrument to be the free act and deed of the School District. Notary Public ai CITY OF EAGAN: By: Pat Geagan Its: Mayor By: Maria Petersen Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this _ day of , 2005, before me a Notary Public within and for said County, personally appeared PAT GEAGAN and MARIA PETERSEN to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public a~- Agenda Information Memo September 20, 2005, Eagan City Council Meeting Consent Agenda: E. DAKOTA IMPAIRED DRIVING PROJECT RESOLUTION ACTION TO BE CONSIDERED: Acceptance of Eagan Police portion of a county- wide grant for reimbursement of overtime activities directed toward DUI and seatbelt enforcement. FACTS: • The Department of Public Safety has awarded $60,000 to Dakota County for DUI enforcement to be shared by all county law enforcement agencies. • An additional $12,000 has been awarded for seatbelt enforcement. • Agencies will be teaming up on a monthly basis to target DUI or seatbelt enforcement throughout the county. Attachments: A copy of the agreement is attached as pages ~~e~aglr ~3 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT Be it resolved that the Ewan Police Department enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled SAFE & SOBER COMMCTNITIES and DAKOTA IlVIPAIRED DRIVING during the period from October 1, 2005 through September 30, 2006. Chief Of Police Kent Therkelsen is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the Ewan Police Department Be it further resolved that the Chief of the Ewan Police Department is hereby authorized to be the fiscal agent and administer this grant on behalf of The Ewan Police Department. I certify that the above resolution was adopted by the Eagan City Council of Dakota County, Minnesota on (Date Passed) SIGNED: (Signature) Mayor/Other Authorized Person (Title) WITNESSETH: (Signature) City Clerk/Other Authorized Person (Title) (Date) (Date) a~ Agenda Information Memo September 20, 2005, Eagan City Council Meeting F. APPROVE POLICY REGULATING THE SALE OF SURPLUS CITY PROPERTY ACTION TO BE CONSIDERED: To approve a policy regulating the sale of surplus City property. FACTS: - At the September 6, 2005 City Council meeting, an ordinance amendment was approved regarding the sale of public property. The ordinance amendment aimed to provide greater flexibility in determining the most beneficial method for the disposition of such property. - Language was approved which states that surplus property (property purchased and owned by the City which is no longer needed) shall be sold in accordance with and pursuant to the method of sale required by the Minnesota Municipal Contracting Law (competitive bidding law) and City policy. - The attached policy identifies the various options and guidelines pertaining to disposition of surplus property. The policy also provides an appropriate level of checks and balances to ensure that surplus property is sold in a manner that is most beneficial to the City. - In most cases, unless replacement of the item was requested in the budget as approved by Council, Council action is necessary to declare property as surplus prior to its disposition. ATTACHMENTS (1): - Proposed City policy enclosed on pages a~ through ~p. as Policy for the Sale of Surplus City Property I. PURPOSE To establish and set forth the options for the sale or disposal of City-owned surplus property and to define requirements to be followed when utilizing a particular option for disposal of such property. II. APPLICABILITY This policy applies to all City employees who are involved in either the disposition or the purchase of surplus City property. III. DEFINITIONS Public Auction - A sale which is open to the public and at which the property is sold to the highest bidder. Public Sale - A sale, other than a public auction, in which property is offered for sale to the public and sold through either sealed bids, direct negotiation, quotations, consignment or open market. The City retains the right to refuse any and all offers at its sole discretion. Open Mazket - A freely competitive, widely accessible market in which the City sells its property to the buyer at a price determined by competition. The sale is not restricted to price or bidder; it is determined by the best price offered and accepted by the City. IV. OPTIONS FOR DISPOSAL OF SURPLUS PROPERTY 1. Public auction (preferred default option) 2. Public sale 3. Sale through consignment by a nonprofit organization or other governmental unit 4. Refuse/recycled (damaged property or property which has nominal or no value) 5. Donation as authorized by City Council in situations where the cost of disposal exceeds the property value In all cases, except a public auction, the department head for the department in which the property is or has been utilized, must: 1) determine and approve the method of disposal; 2) complete and sign a disposition form authorizing the property's disposal; and 3) provide the disposition form to the City Clerk/Administrative Services Coordinator for final approval. ab V. GUIDELINES FOR DISPOSAL OF SURPLUS PROPERTY SOLD AT PUBLIC AUCTION The City may conduct its own auction or enter into an agreement with another entity to conduct the auction. Notice of auction shall be given stating the time and place of auction and generally describing the property to be sold at least ten days prior to the date of sale by publication once in the official newspaper. Computer systems and related electronic equipment is to be disposed of as refuse/recycled or donated property in accordance with the guidelines therefor. VI. GUIDELINES FOR DISPOSAL OF SURPLUS PROPERTY NOT SOLD AT PUBLIC AUCTION (This section is consistent with M.S. 471.345 and the City's purchasing policy) The department head shall determine an estimated value (or selling price) for the surplus property based on valuation resources, e.g. Blue Book value, etc. After determining an approximate sale price, the following guidelines should be followed when disposing of surplus property. Official publication is required in certain situations. Use of advertising shall be determined by the department head in consultation with the City Clerk/Administrative Services Coordinator. Property valued over $50,000 If the amount of the sale price is estimated to exceed $50,000, sealed bids shall be solicited. A request for the bids shall be published once in the official newspaper at least ten days before the last day for submission of bids. The notice shall state the time and place of receiving bids and contain a brief description of the subject matter. Additional means of advertising may be utilized as determined by the department head. The City Council must take action to accept or reject the bid(s) for the sale of the property. Property valued from $15,000 to $50,000 If the amount of the sale price is estimated to exceed $15,000 but not to exceed $50,000, the sale shall be made upon sealed quotations, by obtaining two or more quotations. Property valued from $5,000 to $15,000 If the amount of the sale price is estimated to exceed $5,000 but not to exceed $15,000, the sale may be made upon receipt of at least two verbal quotations. The department head shall prepare a written memo containing the specifics of the verbal quotations. This information shall be kept on file with the applicable documents related to the sale. Property valued less than $5,000 If the amount of sale price is estimated to be less than $5,000, the sale may be made in accordance with the City's general purchasing guidelines. a~ VII. GUIDELINES FOR DISPOSAL OF DAMAGED SURPLUS PROPERTY OR PROPERTY WITH NO SIGNIFICANT VALUE As determined by the department head and City Clerk/Administrative Services Coordinator, surplus property that is deemed to be damaged or that has no significant value, may be recycled or disposed of as refuse. VIII. GUIDEILINES FOR DONATION OF SUPRLUS PROPERTY Property may be donated only by official action of the City Council upon a staff recommendation that the cost of disposal exceeds the property value. IX. PROCESS TO BE FOLLOWED FOR THE SALE OF SURPLUS PROPERTY All property deemed to be of no use to the City shall be disposed of in a manner determined by one of the options outlined in Section IV. Prior to disposal, Council action is required to declare the property as surplus. If property has been approved for replacement by the Council during a regular budget cycle, it shall be assumed that the surplus property is to be sold for. a reasonable price and it is not necessary for the Council to take additional action declaring it surplus. X. RECEIPTS FROM SALES OF SURPLUS PROPERTY All receipts from sales of surplus property shall be placed in the appropriate City fund. XI. PURCHASE OF SURPLUS PROPERTY BY EMPLOYEES No employee of the City who is a member of the administrative staff, department head, a member of the Council, or an advisor serving the City in a professional capacity may be a purchaser of property under this policy. Other City employees maybe purchasers if they are not directly involved in the sale, if they are the highest responsible bidder, and if at least one week's published or posted notice of sale is given. XII. RESPONSIBILITY The City Administrator, or designee, shall have primary responsibility for implementation and coordination of this policy. All department heads shall be responsible for enforcement of this policy within their respective departments. Date of Approval: Signed: Pat Geagan, Mayor ~~ Agenda Information Memo September 20, 2005 G. PROJECT 912, DENMARK AVE/ DEERWOOD DR/ WINDCREST - STREET OVERLAY FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 912 (Denmark Avenue/ Deerwood Drive/ Windcrest -Street Overlay) and schedule a public hearing to beheld on October 18, 2005. FACTS: • Project 912 provided for the bituminous overlay of Denmark Avenue (from Wescott Road to Deerwood Drive), Deerwood Drive (east of Pilot Knob Road), Windcrest Court, Deercliff Court, Deercliff Lane, Windcrest Avenue, Crestview Lane, Deerridge Court, and Hosford Hills Drive all within the Windcrest/ Birch Park Additions/ Deerwood Drive/ Denmark Avenue neighborhood, in central Eagan. The street resurfacing was completed as outlined and discussed in the feasibility report. • This project, constructed under Contract OS-O1, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are approximately 25% less than the estimate contained in the feasibility report presented at the public hearing held on December 6, 2004. a9 Agenda Information Memo September 20, 2005 H. PROJECT 913, WALDEN HGTS./ TWIN VIEW MANOR/ HILLCREST ADDITIONS- STREET OVERLAY FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 913 (Walden Heights/ Twin View Manor/ Hillcrest Additions -Street Overlay) and schedule a public hearing to be held on October 18, 2005. FACTS: • Project 913 provided for the bituminous overlay of Thomas Lane, Walden Drive, Richard's Court, Dolores Lane, Erik's Boulevard, Richard Lane, and Rebecca Lane all within Walden Heights/ Twin View Manor/ Hillcrest Additions neighborhood, in south-central Eagan. Also included in Project 913 were July 2000 Storm Mitigation improvements on Dolores Lane, Eriks Boulevard, and Richards Lane. The street resurfacing and storm improvements were completed as outlined and discussed in the feasibility report. • This project, constructed under Contract OS-O1, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are approximately 20% less than the estimate contained in the feasibility report presented at the public hearing held on Novembei 16, 2004. 30 Agenda Information Memo September 20, 2005 I. PROJECT 878, CINNAMON RIDGE- STREET OVERLAY FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 878 (Cinnamon Ridge -Street Overlay) and schedule a public hearing to be held on October 18, 2005. FACTS: • Project 878 provided for the bituminous overlay of Slater Road (north of Cliff Road) and Cinnamon Ridge Trail, all within the Cinnamon Ridge neighborhood, in southwest Eagan. The street resurfacing was completed as outlined and discussed in -. the feasibility report. • This project, constructed under Contract OS-02, has been completed, ail costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled' prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are approx. 20% less than the estimate contained in the feasibility report presented at the public hearing held on December 13, 2004. 3/ Agenda Information Memo September 20, 2005 J. PROJECT 786, DENMARK AVENUE, WESCOTT RD TO CRESTRIDGE LN STREET AND SIDEWALK IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 786 (Denmark Avenue, Wescott Road to Crestridge Lane - Street and Sidewalk Improvement) and schedule a public hearing to beheld on October 18, 2005. FACTS: • On June 9, 1999, an informational neighborhood meeting was held by City staff in the Community Room (Eagan Room) at the Eagan City Hall for the Denmark Avenue neighborhood (between Wescott Road and Duckwood Drive). The meeting was called at the request of residents concerned about the speed and volume of traffic in the neighborhood. • On August 6, 1999, staff received a letter from the Denmark Avenue residents and a request to address the City Council at an upcoming regular council meeting regarding the neighborhood's traffic concerns. • On October 5, 1999, after receiving a presentation by the neighborhood residents, the City Council directed staff to prepare a traffic study for Denmark Avenue. SRF Consulting Group was selected to prepare said traffic study. • On July 13, 2000, the results of the traffic study were presented to the neighborhood at an open house held in the Community Room. Consultants and staff presented possible traffic calming measures and listened to the concerns and comments of the residents. About 30 residents that attended completed comment cards. • On August 11, 2000, staff updated the City Council on the results of the open house. A variety of traffic calming methods were preferred by various residents, however no consensus was expressed. Staff informed the residents that consensus would be required prior to a formal request being forwarded to the City Council. • City staff has communicated with neighborhood residents annually about their traffic concerns on Denmark Avenue. Staff has encouraged the neighborhood to try and reach a consensus on any one of the solutions proposed in the SRF traffic study. • On December 14, 2004, city staff received a petition signed by thirteen residents representing thirteen properties, requesting the installation of a sidewalk along the west side of Denmark Avenue between Wescott Road and Crestridge Lane. This proposed sidewalk improvement is not included in the current CIP (2005-2009) schedule. However, it is indicated as a proposed trail segment on the Comprehensive Guide Plan's Transportation Trail System. Based upon the Council's recently approved Transportation Trail Policy, this segment of proposed sidewalk/trail ranks as one of the two most appropriate segments for the placement of an uncompleted component of the City's Transportation Trail System. The cost of all sidewalk or trail improvements adjacent to Collector Streets such as Denmark Ave. would be financed by the Major Street Fund with no special assessments to private property owners. 3a Project 786 Continued • Neighborhood Meetings were held on June 9, 2005 and July 11, 2005 to gather additional neighborhood input regarding this proposed improvement and various other traffic related issues, concerns and options. Approximately 30 residents attended each meeting. Another neighborhood meeting is scheduled for September 26, 2005 to discuss the proposed improvements. • A draft Feasibility Report for the petitioned sidewalk/trail improvements has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for October 1 b, 2005. ISSUES: • The preparation of this feasibility report was in response to a specific petition submitted to the City for a sidewalk. Subsequent to that submission, several property owners in the greater neighborhood and/or adjacent to the proposed sidewalk/trail voiced their strong opposition to any further consideration of such an improvement. Some property owners have misinterpreted staffs processing of this petition and feasibility report as taking a position in favor of promoting this public improvement over their opposition. • During this process, staff has performed field demonstrations of various traffic calming alternatives as well as identifying the extent of impact resulting from the petitioned sidewalk. It is intended that the various results will be presented and discussed at the public hearing, if the Council schedules one. ATTACHMENTS: • Draft Feasibility Report without page numbe s • Original Petition for improvement, pages ~ through ~. • Opposing petition, pages ~_ through ~/~. 33 ~r~; 7 ~J ]~~~~~~~~! `~'~ city of eaga~ ~ ~ ~ov~ t=1~GA~~ ~E~r~~~~~ tNGINEERING ~IEPARTI~EN~ - r;. ~ ~'. PETITION FOR CITY USE DATE RECEIVED ~- ~ ~ ~~ DATE PRESENTED ! _ ~-I- G' .~ TO COUNCIL APPROVED ^ DENIED ^ SIDEWALK INSTALLATION I/VVe, the undersigned,. hereby petition the City Council of the City of E along: ~1'lr~~/^r~,~CJP/')~I{~. ~~'f~'~~~ C~~~ ~tf>~ll~1P I/VVe support this request with the following reasons: -~~~[~:Se Se2 ~~r ~ s~ 2 3 4 ~- e I/V1/e equest t/ha t ity ouncil ake this petition request under consideration at its earliest opportunity and that we be informed as to when it is scheduled for formal action so that we may appear in person to support this request, if we so choose. Name (Please PRINT and INITIAL) ADDRESS 1. ar~/)~'l.S~i~ ~}/' ~ ~ ~ ~1 hf 9 ~1P.Cl p~y'~r k ~' T-c~.i I +~~Sf ~. s a3 ~. y ' ~~ ~ "~ !'~ 3703 ~r'.-'1 m is Er ~ ~ r u) ~-a~r~ 5s I~3 ~ ~ ~~ ~n ~ ~ ~ " .--- _ ~ _ ' ~~ 7 ~` / q r( r1, L~ . { G l~l .y''j~7~,L4.~ "1 .~~ ~ (`~ J ~ -- r ~.1~ ,/~i 1'/L G~ i ~" ~t~ ~~I L C(;i, it ~~.; ~' ~ ~ 8. "'~ G~~2. ~-L1.--'' t ~ ~- .~ _, ,1 G:/FORMSIPElT110NS~Sidewalk to install a sidewalk c~~c~~~P~ su~o~'~'~ ~icr~ for ~-/?~ 3 ~{ ~ SIDEWALK INSTALLATION We would like a sidewalk to run on the west-side of Denmark Avenue between Wescott and Crestridge Lane, the only area along Denmark Avenue without a sidewalk. There are sidewalks south of Wescott and north of Crestridge Lane; however, even though the area in between these two sets of sidewalks is entirely residential, no sidewalk exists, thus preventing safe pedestrian traveling. Since the time and resources required to install a sidewalk along Denmark Avenue between Wescott and Crestridge Lane would be more extensive than installing it only from Denmark Trail West to Wescott, we would be interested in starting with this smaller section first and pursuing the rest of the sidewalk at a later date, if necessary. 1. Child safety: • Dangerous for neighborhood children to walk or bike to Glacier Hills Elementary School Park (for the playground, baseball fields, etc.), the library, Cascade Bay Park, the ice arena, and their bus stops from our neighborhood. • Denmark Avenue is heavily traveled as an alternative route to Pilot Knob and the shoulder on the west side of Denmark Avenue runs out before reaching Wescott, putting children in danger of cars making right-hand toms onto Wescott. As elementary students, the age range is only 5 to 11. At the current time, parents of small children are leery of allowing them to walk or ride their bikes anywhere on this street without the escort of a parent. Please refer to the city survey performed approximately two years ago that revealed 4,000 to 4,500 cars per day travel on Denmark Avenue. • Winter conditions increase the danger of walking on Denmark Avenue due to the further narrowed shoulder after the street has been plowed. 2. Homeowner, pet owner, and pet safety, health and environmental concerns: • Dangerous to walk with or without pets or ride bicycles southbound on Denmark Avenue before reaching the path on Wescott. • Difficult to keep the dogs within the small confines of the minimal shoulder. • Without a sidewalk, it is unsafe to walk northbound on Denmark Avenue to Wal-Mart and other shops. More often than not, there are cars and trucks parked along Denmark Avenue where the quad homes are located and it is difficult to maneuver children and pets around these cars with oncoming traffic. • A sidewalk would promote a healthier lifestyle for the neighborhood as both the adults and children would utilize the sidewalk for walking or riding to places within the community in lieu of driving. This would also cut down on automobile pollution. • Winter conditions increase the above mentioned dangers of traveling on Denmark Avenue. 3S Petition for Sidewalk on Denmark Avenue 3. High speed limit: • The speed limit of 30 MPH is fast for what should be considered a school zone and increases the risk of injury or death to our neighborhood children and adults who do not have the safety of a sidewalk. • This speed limit is only 5 MPH lower than the commercial area of Denmark Avenue where a sidewalk exists. Most residential areas do not have cars driving by at such high speeds without the aid of sidewalks. 4. No .warning signs: • Since there are no warning signs such as "Children at Play" many cars accelerate quickly from the stop signs on Wescott and Denmark Court. Many often do not even stop or slow down at the stop sign on Denmark Court; they roll through it and speed quickly to Wescott. • School bus drivers have noted cars ignoring their flashing lights and speeding down the corridor between the three-way stop at Denmark Avenue towards Wescott. Even with such signs, the drivers may or may not slow down. 5. Community Relations • If we had a sidewalk, more of the neighborhood residents would be out walking or bike riding. This would promote stronger community relations as neighbors become more familiar with who lives in the area. 36 ' ':1-. 36` 4 36 3>^:i 3 14 36 362 162f CRESTRIDGE ~N. '324 634 , 36 130 t2 t2 7 36 1 364D 732a 3631 1]0 1296 292 363 296 636 636 1304 1302 1296 12 1 12 36 ~ 364 637 n 3644 3642 3643 3 ,s TIMBER U ~ 36 9 3646 3643 3646 3646 36 12 212 3647 ~ ~~ 3652 ]6 3653 365 3653 3652 3649 3657 ~ 2 72 3657 F- 3654 S656 3655 3660 3658 3657 ~ 3656 3655 0 ~ 3660 3658 6 9 3661 661 U p 664 3665 3662 3664 W 3660 3661 O Q Q 3667 3663 3666 36f Z Y 3668 3666 366 n' 3664 Q 13D) 730 1297 ~ 367D 36. 3 65 ~ KOLSTAD 7295 ~ ~ nu E W ~ ( Q 17 4 Z d 3D8 7306 300 ~ /,/ Y 3680 11 1762 36 366 729 129 3D2 2 30 3 36 72 tat 0 129 3667 CC G ]694 1763 ~\ W _A~FiP Q 3693 \ ~.~~ 3697 3695 ~ 96 116 Fish Lake SpFN CT Tn U t2 z 3 5 ~ 3 04 36 6 12 1 03 (~j 3 08 36 i24 12 5 13 3 17 6 T.yyW ,r6R CT. 361 3616 3614 1248 i26 367 , 22 72 1126 726 72 125 725 1242 1236 123D 12 7247 2 3 72 7 12 5t2 ~ 1 1 t~ 12 1245 a P 1243 1239 1233 t 126 12 0 1241 123 ~ CIR 123s teat Fwd` C 72 4726 12 6 1245 12 0 fn 7233 1237 7226 1226 O 1227 7222 722 f~l'1 722 1246 7240 722 722 1220 1218 1219 7221 7243 6~. 1214 t 1277 215 174 11 q1 12 1211 275 1249 4tft DDI D t- 4AOU~NG Z 1209 2D7 -,.y ~'B 1176 720 203 n7 178 1205 7250 7201 11 199 11 118 19 717 117 178 1244 1197 337 117 117 116 718 7769 1191 3716 City Of E~~~II Denmark Avenue - Proj. 786 5/09/05 Petitioners requesting sidewalk/trailwayinstailation Engineering Department _ ~~c~~~~ 5/3/02 MAY U ~ ~a~ ElaGtii~ Mr. Russ Matthys tNGINEERING DEPART~~ENT City Engineer City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 RE: Denmark Avenue; Project 786, Petition a ainst the installation of a sidewalk. Dear Mr. Matthys: Enclosed please find a Petition against the installation of a sidewalk or trail along Denmark Avenue. The petition is signed by fifty six (56) residents representing forty seven (47) properties in the Denmark Avenue area, or the 4Project 786 Notice Boundary". We request that the City of Eagan Staff re-direct the necessary and available resources to address and implement the best alternative(s) to significantly reduce the volume of traffic on Denmark Avenue from Crestridge Lane to Wescott Road. We request that you handle this petition as expeditiously as possible and that we be informed when this matter is scheduled to go before the City Council. Please send the undersigned an acknowledgement of receipt of this petition. Sincerel~y, / > Michael Westphal 3779 Denmark Avenue Eagan, MN 55123 Mobile: (952) 484 7749 micma@comcast.net Enc: Petition and supportive documentation Cc: Mr. Thomas Hedges, City Administrator Mr. Thomas Colbert, Director of Public Works Mr. Tim Platte, Transportation Engineer ~~~~ ~i a- Steve Jacoby 3787 Denmark Eagan, MN 55123 Phone: (651) 688-7196 stevej@abc-mn.com 38 To: City of Eagan From: The Denmark Avenue Neighborhood Residents Date: May 1, 2005 Re: Petition Against the Proposed TraiUSidewalk on Denmazk Ave We the homeowners of Denmark Avenue have very recently become aware of the petition for a sidewalk to be constructed on the west side of Denmark Avenue that was presented to the Council on January 4, 2005. The Council action authorized the preparation of a feasibility report for Project 786. We have also learned of the efforts of our City Engineer, Russ Matthys, to expedite this project. This petition was drawn up and signed by people who do not own homes on Denmark Avenue. Furthermore this was done without the knowledge, consent, or any input from the homeowners on Denmark Avenue whom this would directly and negatively affect. We would like to respond to the reasons the petitioners stated as necessitating the installation of a sidewalk. We do not have a copy of their supporting document so we can only respond to what they have listed on the petition. 1. Child safety: A sidewalk will not protect a child that runs into the street or intersection from any vehicle, even if the vehicle is following all speed and traffic rules. Children get excited by their activities and aze not always awaze of their surroundings. In this day and age it is not wise to let your children out onto any street with or without a sidewalk unattended by an adult. A sidewalk is no substitute for parenting. 2. Homeowner, pet owner, and pet safety and health: We aze the homeowners and pet owners who live on Denmark Avenue. No one knows better than, or deals with the issues of safety and health more than us concerning the Denmark Avenue Neighborhood. The homeowners from the Denmark Trail West Neighborhood may pass through the Denmark Avenue Neighborhood for about ten or fifteen minutes each day but we live here 24 hours a day 7 days a week. If there was genuinely a need for a sidewalk we would be the first to address it. We have traversed this street with our children and pets daily. Some residents for as long as 29 years. A sidewalk will not protect a pet or anyone that runs into the street or intersection. We make sure to control them while they are out walking with us. We have taken the time and effort to train our pets, we suggest others train and control their pets as well. A sidewalk is no substitute for being a good pet owner. 3. High Speed limit: The speed limit on Denmark Avenue is 30 mph. The speed limit is not the problem. Exceeding the speed limit and reducing the high volume of traffic were the concerns originally brought to the attention of City staff in 1999. On August 11, 2000 the Denmark Avenue Neighborhood became evenly split between three suggested alternatives offered by the City to calm traffic. Shortly after this, Dan Simms of 3794 Denmark Avenue, the neighborhood leader 39 for the traffic calming efforts, moved away and all his information eventually went to Charlie Hanf of 3702 Denmark Avenue. Since that time, all communication with the Denmark Avenue Neighborhood has ceased. We have not heard a word from Charlie or the City so we have considered the matter closed. Four years later a petition has been circulated by a new resident of the Denmark Trail West Neighborhood and is being misrepresented as a continuance of the Denmark Avenue Neighborhoods original concerns. These are two separate issues brought forth by two completely different groups of people. We believe a sidewalk on any side of Denmark Avenue will increase the speed and volume of traffic and contradicts our original efforts to calm traffic. 4. No warning signs: There exists a stop sign just to the south of the Fish Lake entrance. There is also a "Be Prepared to Stop" sign just to the south of Denmark Trail West warning of the impending stop sign on the corner of Denmark Avenue and Wescott Road. Homeowners also post signs in their yards reminding drivers to slow down. We would be more than agreeable to any type of additional and relevant warning signs that would help calm traffic and make drivers more aware of their speed and pedestrian traffic. 5. Community Relations: Contrary to building community relations the petition for a sidewalk has already established feelings of betrayal, ill will, loss of trust, anger, and resentment towards the members of the Denmark Trail West Neighborhood. They have gone behind the backs of the Denmark Avenue Neighborhood to promote their agenda for a sidewalk. They have never approached any member of the Denmark Avenue Neighborhood with their petition supporting the sidewalk as can be seen by the lack of any signature from a homeowner on Denmark Avenue. All the signatures but one come from homeowners on Denmark Trail West; the lone exception comes from Denmark Trail East. This petition has now damaged more than one friendship between members of the two neighborhoods, possibly beyond repair. We consider this to be the antithesis to "Community Relations" yo We will now present onr reasons against the sidewalk: We consider the sidewalk petition to be an issue entirely singulaz and separate from the concerns brought up by the Denmark Avenue Neighborhood residents originally in June of 1999. The concerns brought before City staff in 1999 were directly related to the speed and volume of traffic on Denmark Avenue and our desire to have the street blocked off to through traffic. At that time there was very little concern or support for this issue exhibited by the residents of either Denmark Trail East or West. The sidewalk petition was brought about by a new resident to Denmazk Trail West who was told their child would be walking to Glacier Hills Elementary School so they started a petition for a sidewalk. As it turns out, their child is taking the bus and not walking to school. It is our concern that the new sidewalk petition is being misrepresented as part of the Denmark Avenue residents original concerns over traffic speed and volume. We consider these to be two completely separate issues. 2. Adding a sidewalk would do nothing to alleviate the traffic speeds or volume. In fact we believe this would have the opposite effect. As the street was designed, there is an area designated on each side of the street for pedestrian and bicycle traffic. This azea measures 7'/Z feet in width from the curb, where as a sidewalk is only 5 feet wide so this actually gives us 2'/2 more feet. We have found while frequently biking, rollerblading, or walking with our spouses, children, and dogs on this designated area that people in their vehicles make eye contact, smile, wave, and aze generally very aware of our presence and of their own speed. We see that the presence.of pedestrian traffic on this part of the street has a calming effect on the speed and manner in which people drive. If a sidewalk were installed on the west side of the street drivers would be much less awaze of pedestrian traffic and this would encourage higher speeds and volume in traffic making it much more dangerous for anyone walking on the east side of the street which is utilized just as much as the west side. It would also make it much more dangerous for anyone trying to back out of the driveways that exist all along Denmark Avenue. We all have friends and family that visit so this puts not only us but also anyone who visits us at a higher risk. 3. Adding a sidewalk would necessitate the removal of some if not all of the trees and shrubbery along the boulevazd that are not only aesthetically pleasing for everyone but also function as a buffer between the street and homes blocking traffic noise. They also give the homeowners some much needed privacy from the motor and pedestrian traffic that now passes at an acceptable distance from the front of our homes. Adding a sidewalk would not only remove what little privacy we homeowners now enjoy but would at the same time bring pedestrian traffic much to close to our homes, some of us would have them literally right at our doorstep. Quite a few of our homes aze ~f / designed with our bedrooms facing Denmark Avenue. Encouraging people to walk ever closer to our homes does not instill a sense of security in any of us. We have children too. As good neighbors we try to be aware of who's in our neighborhood. This has always been common sense. We recognize many people from our neighborhood and the surrounding neighborhoods that utilize our street. All are welcome. We also have seen some people that immediately raise suspicion by their activities. Removing the visual barriers from the street so they can have an unobstructed view of our homes and then bringing them right up to our doorsteps on a sidewalk does not instill a sense of security in any of us. 4. Existing building setbacks and landscaping were not designed with a sidewalk in mind. If a sidewalk would need to conform to existing sidewalks in the City, starting at the curb there would be an eleven-foot boulevard and then a five-foot sidewalk. This brings it to sixteen feet from the curb. Taking sixteen feet for a sidewalk would require 30% to 50% of our front lawns. This is not acceptable. Even if a sidewalk were built right at the curb this would still encourage an increase in traffic speed and volume which is contrary to the original concerns of the Denmark Avenue Neighborhood. This too is not acceptable. 5. Adding a sidewalk would shorten the usable space in our driveways which we already find to be limited. Many of us have children that drive or soon will and they must park in the driveways. It is difficult enough now to back out around their cars. Shortening our driveways with a sidewalk would make this impossible. When one person would want to leave we would have to mobilize the entire household. The same can be said when friends and family come to visit. Entertaining would become perplexing because of the lack of parking. Recap Reasons Against a Sidewalk: • The petition for a sidewalk on the west side of Denmark Avenue was brought about by the residents of the Denmark Trail W. Neighborhood without the knowledge or consent of the residents of the Denmark Avenue Neighborhood whom this would directly and negatively affect. • It is being misrepresented as a part of the Denmark Avenue Neighborhoods original concerns over traffic speed and volume. These are two separate groups of people with two completely different agendas. • All work on this project needs to be stopped immediately so all sides can be heard and all the facts and documentation can be considered. • We believe there is far more here behind this than meets the eye. Thank you, The Denmark Avenue Neighborhood Reside~-ts ~! ~ ~IzC S _7~._ ~. PETITION NOT TO INSTALL A SIDEWALK OR TRAIL We the undersigned, hereby petition the City Council of the City of Eagan against the installation a sidewalk along Denmark Avenue. We support this request for the following reasons: (see attached supporting documentation) 1) A sidewalk does not solve the real problem of too much traffic. 2) A sidewalk, may in fact, encourage more traffic. 3) There are other identified solutions that will much better mitigate the existing traffic safety problem. 4) Existing building setbacks and landscaping were not designed with a sidewalk in mind. 5) Other sidewalks in the City of Eagan are installed where building setbacks are greater than those on Denmark Ave. 6) A sidewalk will have a net adverse effect on the quality of life of Denmark Avenue residents. 7) t=xisting street side margins are already greater in width than any potential side walk would be. 8) A previously submitted petition supporting a sidewalk was not signed by anyone directly affected; i.e. none of petitioners were Denmark Ave residents. Please see the attached supporting documentation. We respectfully appeal that the City Council takes this petition request under consideration at its earliest opportunity and that we be informed as to when this is scheduled for formal action so that we may appear in person to support this request, if we so choose. Name Please PRINT ~ INITIAL Address z S~v~ ~~~ a ~~s 3 ~ ~ ~~,~ ~ . 3 ' !-1 C b~ T ~~ 9 S art M t~ PrU ~v~~ . Q~i~2 P~~~~ ~~ ~7~~ ~~trn~-l~ ~~. ~' `~ ~ 31`~g ,~~~M~r/~ /4 v~ 7 ~ ~ ~-~ ~~ ~~ l ~ ~~~~ ~ ,37 ~ ~ ~'(/ j ~~ ~ ~ ~ 3 ~, ~ ~ ~~`~ ~~ g~ ~ ~~k i~ l ~ ~~ ~7~7~ ~,~~~C~~~ ~ .\ ~ ~ ~ , ~ ,, a ~ ~~ ~ ~ ~ w_ti^~ rH ~ ~~ 2~ ~ ~, ~ ~~,~ ~' 1 /~ ~~ \ ~~ j~ Z ~ ~ N~ S ~~ ~~~ ~~~ ~l /~~ ~~jC s~~~ ~~~ Z~ - ~ ~ ~ ~• ~lti c ~~' J ~; l1 ~ ~~, ~ 1~,1,.~~-~~L ~ ,3 ~~ L l~ ~ 1 s , ~,~ ~ h ~, ,1~ 3 C] ~ ~ k t7~,~, ~ ; ~ , ~"" ~ ~ ~ ~ ~ L Il 1''1 c~ ~~ ~~~~ - c..~~-l ~ car ~,~ ~J~- ~• 3~ h-2= J~~';( /?l 1. j~'1 ,,1 r ~~/~~ ~q f f ~}' !••~~ 7 ~/rr~~7(~i/i'yO~C~ /7 _, ; , ' ~~~z~ N~ ~~ ~ j-~, L ~ 7 v ~ 3~ .. ~ ~ '• f!' 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LED SIGNAL LIGHTING RETROFIT AGREEMENT WITH THE CITY OF ST. PAUL ACTION TO BE CONSIDERED: Approve an agreement with the City of St. Paul to retrofit City of Eagan owned and/or maintained traffic signal systems with light-emitting diodes (LEDs). FACTS: • There are currently 67 traffic signal systems in the City of Eagan. A majority of the systems are operated and maintained by the Minnesota Department of Transportation and/or Dakota County. The City of Eagan is responsible for replacement of signal bulbs on eleven (11) systems within the City. Of these 11 systems, five systems have previously been retrofitted with LEDs as part of other public improvement projects and one system will be retrofitted during the reconstruction of TH 149. Five signal systems remain that are currently using incandescent light bulbs. • Traffic signals that use LEDs consume 80-90 percent less energy and generally last 5- 7years, compared to just a year for a comparable incandescent light signal. • The LED lights do not cease functioning at the termination of their life expectancy, but slowly decrease in brightness, unlike the incandescent lights which stop working immediately upon completing their full life. • LED traffic signals also offer significant peak demand savings since they operate 24 hours a day. Dakota Electric Association (DEA), which provides power for the 5 systems to be retrofitted, estimates that energy savings from LED installation will power approximately 6 single-family residential homes without an increase in production. • DEA offers a rebate for the installation of LEDs in existing traffic signal systems. The terms of the rebate will be changing in 2006. The City will receive a greater rebate by completing the installation of LEDs in 2005. • The City of St. Paul Department of Public Works Traffic Signal and Street Lighting Maintenance estimate the cost to retrofit the five traffic signal systems will be approximately $29,000. Based on DEA's 2005 rebate terms, approximately $11,000 of the estimated costs will be rebated resulting in a net cost of $18,000. The payback in reduced energy usage and associated cost savings for replacing the signal lights is about one year. All costs (and rebates) associated with this program will be financed by the City's Streetlight Utility enterprise budget fund (#63). Currently, there are sufficient funds available to perform this work in 2005. ~f g Agenda Information Memo September 20, 2005 L. LEBANON HILLS REGIONAL PARK STORM WATER MANAGEMENT PLAN ACTION TO BE CONSIDERED: Approve a resolution of support for the draft Lebanon Hills Storm Water Management Plan (Plan) and direct staff to forward with a cover letter incorporating suggestions for minor revisions and additions. FACTS: • On July 6, 2004, the City Council approved Project 905, Long Acre Outlet/Lebanon Hills Regional Park Storm Drainage Improvements, providing for the required connection of storm sewer improvements to southeast Eagan. The improvements will provide the managed delivery of drainage from southeast Eagan (Long Acres development/Gun Club pond) into and through LHRP by way of Marsh Lake and McDonough Lake to the public storm sewer system at Pond LP-51 and the Holland Lake lift station. The project will coincidently also accommodate the ultimate drainage needs of LHRPin the area northwest of McDonough Lake, near Cliff Road. • Concurrent with the City's project initiation, the County revived their proposed Comprehensive Storm Water Management Planning for LHRP, which incorporates the basic elements of Project 905. • Project 905 requires the approval of both Dakota County and the Metropolitan Council for the required dedication of easements and acceptance of related assessments. Since the Council approval of Project 905 in 2004, staff members from the following agencies have been holding stakeholder meetings biweekly to coordinate compliance between the City's project design and Dakota County Park's proposed Lebanon Hills Storm Water Management Plan. The cities of Apple Valley, Eagan and Rosemount; Dakota County Parks; Minnesota Department of Natural Resources; Vermillion River Watershed Joint Powers Organization; Gun Club Lake Water Management Organization have all participated in reaching a general design consensus for both proposals but have not reached any consensus on local funding beyond any potential state assistance. • On August 2, 2005, the Dakota County Board approved the release of the draft Plan for public comment with the review period extending from August 2 -September 30. The Plan includes the discussions and consensus developed via the mulit-agency stakeholder meetings. County Parks Department staff held an open house to present a summary of the draft Plan and address any questions or comments from the public at the Lebanon Hills Visitor Center on September 7. • On September 15, 2005, the Public Works Committee met to discuss the draft Lebanon Hills Storm Water Management Plan. The committee recommended the City Council's support of the draft Lebanon Hills Storm Water Management Plan, including directing staff to prepare a letter of support for the draft Plan to the Dakota County Parks Department accompanying suggestions for minor revisions or additions. • Suggestions or comments to be included will note that the Plan is more of a technical solution or vision that lacks information regarding the responsibility/ownership for each improvement option, revenue sources, and an implementation plan for the improvements. • The Public Works Committee also recommended that the City Council support legislative funding as part of a bonding bill to fund the Plan improvements and encourage the County staff to initiate meetings with legislative delegates early in support of said funding. ATTACHMENTS: • Resolution of Support, page ~f 9 EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road in said City on September 20, 2005, at 6:30 p.m. The following members were present: Mayor Geagan and Councilmembers Carlson, Maguire, Fields and Tilley; and the following were absent: none. A RESOLUTION OF SUPPORT FOR LEBANON HILLS REGIONAL PARK STORM WATER MANAGEMENT PLAN WHEREAS, on July 6, 2004, the City Council approved Project 905, Long Acre Outlet/Lebanon Hills Regional Park Storm Drainage Improvements, providing for the required connection of storm sewer improvements to southeast Eagan; AND WHEREAS, these improvements will provide the managed delivery of drainage from southeast Eagan into and through Lebanon Hills Regional Park (LHRP) by way of Marsh Lake and McDonough Lake to the public storm sewer system at Pond LP-51 and the Holland Lake lift station; AND WHEREAS, Project 905 will also accommodate the ultimate drainage needs of LHRP in the area northwest of McDonough Lake, near Cliff Road; AND WHEREAS, concurrent with the City's Project 905, Dakota County Parks Department revived a proposed Comprehensive Storm Water Management Plan for LHRP, which incorporates the basic elements of Project 905; AND WHEREAS, Project 905 requires the approval of both Dakota County and the Metropolitan Council for the required dedication of easements and acceptance of related assessments; AND WHEREAS, on August 2, 2005, the Dakota County Board approved the release of the draft Storm Water Management Plan for LHRP for public comment with the review period extending from August 2 to September 30, 2005. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EAGAN, MINNESOTA: 1. The Council hereby supports the draft Lebanon Hills Storm Water Management Plan (Plan) and directs staff to forward a cover letter with said resolution to the Dakota County Parks Department. 2. Said letter shall incorporate suggestions for minor revisions and additions stating that the Plan is more of a technical solution or vision that lacks information regarding the responsibility/ownership for each improvement option, revenue sources, and an implementation plan for the improvements. 3. The Council also hereby supports legislative funding as part of a bonding bill to fund the Plan improvements and encourage the County staff to initiate meetings with legislative delegates early in support of said funding. Adopted by the Council on this 20th day of September, 2005. ATTEST: SU Maria Petersen, City Clerk Pat Geagan, Mayor Agenda Information Memo September 20, 2005, Eagan City Council Meeting M. APPROVE POLICY PERTAINING TO THE CREATION OF HOUSING Il~IPROVEMENT DISTRICTS TO ASSIST WITH CERTAIN Il1~IPROVEMENTS OF ASSOCIATION MANAGED RESIDENTIAL PROPERTY ACTION TO BE CONSIDERED: To approve a policy pertaining to the creation of Housing Improvement Districts to assist with certain improvements of association managed residential property. FACTS: - The City Council was approached by a homeowners association at a listening session regarding the possibility of the City considering the establishment of a Housing Assistance District/Area that would permit the Association to perform improvements of private common property of the homeowners association and finance it through City sponsored borrowing. The City Council directed staff to work with the association and the Dakota County CDA to develop background information about the tool for consideration by the City Council. - Such districts are permitted under Minnesota Statutes and, while they are unique from special assessments, function in a similar manner, with the repayment of the cost of the financed nnprovements being paid as a part of the property taxes for the units within the association. - City and CDA staff provided background to the Council and, on August 16, 2005, the Council authorized staff to prepare a draft policy for consideration. The draft policy was reviewed at a Council workshop on September 12, 2005, at which time direction was given to amend the draft to clarify the Council's authority to approve or not approve specific aspects of applications and place the item on an upcoming Council agenda. - In reviewing the application of this tool, CDA staff indicated that the City of St. Louis Park has a well developed program and policy. The draft City of Eagan policy makes use of the St. Louis Park model. - Like St. Louis Pazk policy, the City of Eagan draft policy requires a petition from a minimum of 50% of the property owners, while the statute only requires a petition from 25%. City and CDA staff believe that the higher requirement would be appropriate to insure that there is strong support for the use of the tool by a majority of affected property owners. In addition, statute permits the establishment of a district to be stopped by submission of a petition by 35% of the affected property owners. The higher requirement for initiation will minimize the likelihood of the submission of an opposing petition. ATTACHMENTS: Draft HIA Policy on pages ~ ~,~y 9 Application Procedure and Form on pages ~ ~'~ 1 Letter from Cedar Bluffs Homeowners Association member on page 6 S/ CITY OF EAGAN HOUSING IMPROVEMENT AREA POLICY September 20, 2005 I. PURPOSE The purpose of this policy is to establish the City's position relating to the use of Housing Improvement Area (HIA) financing for private housing improvements. This policy shall be used as a guide in processing and reviewing applications requesting HIA financing. The City shall have the option of amending or waiving sections of this policy when determined necessary or appropriate. II. POLICY It is the policy of the City of Eagan to use HIA financing to assist private property owners only in those circumstances in which the proposed private projects address one or more of the following goals: A. To promote neighborhood stabilization and revitalization by the removal of blight and/or the upgrading of the existing housing stock in the neighborhood. B. To correct housing or building code violations as identified by the City Code Enforcement Staff. C. To maintain or obtain FHA mortgage eligibility for a particular condominium or townhome association or single family home within the designated HIA. D. To increase or prevent the loss of the tax base of the City in order to ensure the long-term ability of the City to provide adequate services for its residents. E. To stabilize or increase the owner-occupancy level within a neighborhood or association. F. To meet other uses of public policy, as adopted by the City of Eagan from time to time, including promotion of quality urban design, quality architectural design, energy conservation, decreasing the capital and operating costs of local government, etc. III. PROCEDURE In order to be eligible for HIA financing through the City of Eagan the association is to submit an application along with application fee as set from time to time by resolution of the City Council. All HIA financed through the City of Eagan should meet the following minimum approved criteria. However, it should not be presumed that a project meeting these criteria would automatically be approved. Meeting these criteria creates no contractual rights on the part of any association. S~ A. The project must be in accordance with the Comprehensive Plan and Zoning Ordinances, or required changes to the Plan and Ordinances must be under active consideration by the City at the time of approval. B. The HIA financing shall be provided within applicable state legislative restrictions, debt limit guidelines, and other appropriate financial requirements and policies. C. The project should meet one or more of the goals stated in the Policy section of this document. D. The term of the HIA should be the shortest term possible while still making the annual fee affordable to the association members. The term of any bonds or other debt incurred for the area should mature in 20 years or less. E. The association in a HIA should provide adequate financial guarantees to ensure repayment of the HIA financing and the performance of the administrative requirements of the development agreement. Financial guarantees may include, but are not limited to the pledge of the association's assets including reserves, operating funds and/or property. F. The proposed project, including the use of I-IIA financing, should be supported by a majority (51%) of the owners within the association. The association should include the results of a membership vote along with petitions that indicate a 51 % owner support to create the azea. G. The association must have adopted a financial plan that provides for the association to finance maintenance and operation of the common elements within the association and along-range plan to conduct and finance capital improvements therein, which does not rely on the subsequent use of the HIA tool. H. HIA financial assistance is a last resort financing and should not be provided to projects that have the financial feasibility to proceed without the benefit of HIA financing. Evidence that the association has sought other financing for the project should be provided and should include an explanation and verification that an assessment by the association is not feasible along from letters from private lenders or other evidence indicating lack of financing options. I. The homeowner's association must be willing to enter into a development agreement, which may include, but is not limited to, the following terms: a. Establishment of a reserve fund b. Staffing requirements c. Annual reporking requirements d. Conditions of disbursement e. Required dues increases f. Notification to new owners of levied fees J. The improvements financed through the HIA should primarily be exterior improvements and other improvements integral to the operation of the project, e.g. boilers. In the case of a homeowner's association, the improvements should be restricted to common areas. The improvements must be of a permanent nature. The association must have a third party 53 conduct a facility needs assessment to determine and prioritize the scope of improvements. K. HIA financing should not be provided to those projects that fail to meet good public policy criteria as determined by the City Council, including: poor project quality; projects that are not in accord with the Comprehensive Plan, zoning, redevelopment plans and the City policies; projects that provide no significant improvement to the neighborhood and/or the City; and projects that do not provide a significant increase in the tax base and/or prevent the loss of tax base. L. The City Council reserves the right to deny funding for specific improvements if they are determined not to be in keeping with the intent of the policy. M. The financial structure of the project should receive a favorable review by the City's Financial Advisor and Bond Counsel. The review will include a review of performance and level of outstanding debt of previous HIAs. N. The average market value of units in the association should not exceed the maximum home purchase price for existing homes under the State's first time homebuyer program. IV. RESPONSIBII.ITY The Community Development Department shall have primary responsibility for implementation and coordination of this policy. V. AUTHORITY The City of Eagan has the authority to establish HIAs under 1994 Minesota laws, Chapter 587, Article 9, Section 22 through 31, and extended in 2005, M. S. 428A.21 Within the HIA, the City has the authority to: A. Make housing improvements B. Levy fees and assessments C. Issue bonds to pay for improvements The City Council has the authority to review each HIA application which includes scope of improvements, association's finances, long-term financial plan, and at least 51 % membership support. Date of Approval: Signed: Pat Geagan, Mayor S5~ APPLICATION PROCEDURES FOR ESTABLISHING A . HOUSING IMPROVEMENT AREA alt Of ~~ ~Il ~ ~ 1. Meet with appropriate City staff to discuss the scope of the project, member participation, time schedule and other information as may be necessary. 2. Complete Preliminary Application for the Establishment of a Housing Improvement Area. This form should be submitted to the Housing Programs Coordinator along with the other required documents. 3. The complete Preliminary Application shall be reviewed by City staff on a preliminary basis as to the feasibility of the project. 4. Staff will prepare a report for the City Council and the Applicant which will include a financial and legal analysis of the project. 5. If the proposal receives a favorable review by City Council, the Applicant must then submit the required petitions (minimum of 51% of owners must sign petition form) to the City Clerk. At the time the petitions aze received, the City must have the final Association Financial Plan required by State Statute which identifies how both maintenance and operation of the common elements will be paid for and a long-range plan to conduct and finance capital improvements. 6. Upon receipt of an adequate number of valid petitions, the City will have prepazed the Plan for the HIA and the proposed Development Agreement. 7. City will schedule public hearings on the creation of the district and the setting of the fees (two separate public hearings may be required). S. City Council will approve or deny the creation of the HIA and the associated fees by ordinance. If approved, the Development Agreement will be executed subject to the successful passage of the veto period. (If 35% or more of the owners file a written objection within the veto period, the City cannot provide financing throu~~ a Housing Improvement Areal 9. It is understood that City Staff or City Council may from time to time determine that a different process which is outlined is more appropriate, given the circumstances of each individual request. City of Eagan S~ PRELIMINARY APPLICATION HOUSING IMPROVEMENT AREA FINANCING City of EaQau Legal Name of Association: Mailing Address: Name of Contact Person: Phone: Name of Management Firni/Agent (if different than contact person) Phone, Legs] Description of the Project Site: REQUESTED INFORMATION Addendum shall be attached hereto addressing in detail the following: 1. Give a general description of the project. 2. Explain how the project will meet the goals of the City council as identified in Section II of the City Eagan Housing Improvement Area Policy. , 3. Provide a proposed timeline for the project including the dates of membership meetings to discuss a project, submittal of required petitions, public hearings, construction start, submission of first draw request and project completion. 4. List of improvements and estimated project budget. 5. Explain why Housing Improvement Area financing is necessary to undertake the project. Attach any documentation regarding efforts to secure private financing. City of Eagan Sh 6. Explain the process used to determine the scope of the proposed project and the desire for HIA financing among the association members. Provide any documentation regarding owner meetings discussing project. Attach a copy of the following: ^ Association Bylaws ^ Audited financial statements for the last two years ^ Association Financial Plan which identifies how both maintenance and operation of the common elements will be paid for and along-range plan to conduct and finance capital improvements What is the proposed term of the HIA? Years. How do you propose the fee to be charged to the affected property owners? ^ Equally among all properties ^ Other: for example-based on unit size, percent interest in association or value. If Other, please identify: Amount of loan anticipated: $ Are there any properties within the HIA which should be exempt from the fee? ^ No ^ Yes If Yes, please explain: REQUIREMENTS FOR HOUSING IMPROVEMENT AREA (HIA) FINANCING To apply for HIA financing, the owners within the association must agree to the following: 1. Must use City's choice of Bond Counsel and Financial Advisor(s). 2. Disbursements of bondlloan proceeds must be made through an escrow agent to be selected by the City of Eagan. 3. Payment of an administrative fee to the City of one half percent of the bond issue (if City issues bonds) or flat fee of $5,000, which ever is greater. 4. City staff or its agents will review the performance and level of outstanding debt of previous HIAs before recommending the approval of additional HIA debt. 5. The bond (s) shall be for an issue not less than $250,000, other City sources may be used, and the City determines if bonds are to be used. City of Eagan ~ 2 By signing this application hereby agree to the following: 1. I have read and will abide by all the requirements of the City for taxable bond financing. I will also commit all contractors, subcontractors, and any other major contributors to the project to all segments applicable to them. 2. The above information is true and correct. 3. The Association will pay all costs involved in the legal and fiscal review of this project. These costs include the Bond Counsel, Financial Advisor and City Attorney, and all costs involved in the issuance of the bonds to finance the project. 4. I understand that the City reserves the right to deny final approval, regazdless of preliminary approval of the application. Signature of Representative Date City of Eagan Q~ ~V City atEa~an HOUSING IMPROVEMENT AREAS: Finance Tool for Townhome and Condominium Association Improvements A Housing Improvement Areas (HIA) is a defined area within a city where housing improvements are made and the cost of the improvements are paid in whole or in part from fees imposed on the properties within the area. Basically, the Association borrows low interest money from the City; Permanent, common area improvements are completed; and • Unit owners repay the loan through fees imposed on their properties, and collected with property tax payments. This tool can assist with the preservation of the city's existing housing stock. Townho d condominiums were constructed primarily in the l and 80's, and compri 12° f the City's housing stock. The City's Comprehensive Plan no'``tes that "there i oncern that maintenance may be underfunded for some townhouse associations and maintenance issues may arise in the future." As most of the buildings are going on 30 years, deferred maintenance issues are becoming a concern. Highlights of the HIA Associations must initiate the request. • Improvements must be common area improvements. This is last resort financing, used when Associations have no other viable options for raising money for improvements. At least 51 % of the owners must sign a petition requesting the City Council to conduct a public hearing to consider implementing the Housing Improvement Area. A veto period exists where 35% of the owners can stop the process. • The average market value for unit the value of homes in the first time homebuyer programs, i 2004, this is T0,000. If your Association is interested in learning more about this fmance tool, please review the Application Procedure and Policy and call the Housing Programs Coordinator at 952- 924-2196. City of Eagan r~ Jon Hohenstein From: Jim Rosvold [zebupike~earthlink.net] Sent: Monday, September 12, 2005 9:02 PM To: City Council Cc: Jon Hohenstein Subject: Housing Improvement Area Discussion Mayor Geagan and Councilmembers, Thank you for allowing me to participate in this evening's work session. I would like to address a couple of items that were brought up during discussion. Councilmember Carlson brought up a concern about using HIA funds to improve amenities. I would like to point out that each HIA is a separate ordinance and the code specifically lists the improvements to be made to each HIA. In Cedar Bluff's case, one of the proposed projects is to replace the concrete pool deck, which is cracking and covered in part by worn outdoor carpeting. We would also like to replace the chain link fence with a fence that is not scalable. Our pool repairs are to improve safety, security, and to comply with current city code. I believe proposed HIA improvements should be brought up on a case by case basis, rather than having city policy be more restrictive than state statue. Cedar Bluff was a rental property converted to condominiums in 2002. Had our 30 year old property been a condo from the beginning, I firmly believe we would adequate reserve funds. When I moved in (April 2003), the Declarant collected an additional $66 from each homeowner to fund reserves. With 120 units, this brought in $10,320 to start the reserve fund. The Homeowner Board inherited a property with virtually no reserves and 30 years of depreciation. Using the HIA tool will allow us to preserve our housing stock while we continue to establish an adequate Reserve Plan. This is a last resort for us, as the law intended it to be. We are facing upwards of $800,000 in repairs with about $40,000 currently in reserves. There are several conversion properties in Eagan and I'd assume several are in a similar position. Since this process is overseen by the City, I believe funds dispersed to any HIA Homeowner Association will be used in an appropriate manner. Thanks again for your time. If you have any questions, feel free to contact me at 612-386-4959 or via email. -Jim Jim Rosvold zebupike@earthlink.net 60 Agenda Information Memo September 20, 2005, Eagan City Conncil Meeting N. SCHEDULE HEARING TO CONSIDER REVOCATION OF A CONDITIONAL USE PERMIT FOR MAGNUM TOWING (I~VIN MELLON), 4871 BISCAYNE AVENUE ACTION TO BE CONSIDERED: To schedule a hearing on November 1, 2005 to consider revocation of a Conditional Use Permit for Magnum Towing (Kevin Mellon), 4871 Biscayne Avenue. FACTS: - On December 17, 1985, the City of Eagan approved a Conditional Use Permit for outside storage for Kevin Mellon of Magnum Towing for Lot 3, Block 1, Halley's 1~ Addition at 4871 Biscayne Avenue. - On the basis of a complaint received in 2000, the City performed an investigation of operations at the property and found violations resulting in the issuance of citations that were heard in District Court in 2001. The court at that time found Mr. Mellon to be in violation of two counts under the citation, a fine was imposed. - In May of 2005, the City again received a formal complaint regarding storage alleged to be in violation of the CUP and other zoning violations at the site. An investigation was performed, violations were identified and the property owner was given an opportunity to connect the violations. Upon re-inspection after the correction deadline of September 5, 2005, a substantial number violations were found to remain. - In consideration of these facts, it would be appropriate to schedule a hearing to consider the possible revocation of the CUP. h7 order to follow appropriate procedural steps, staff is recommending that the hearing be set for the regular Council meeting on November 1, 2005. ATTACffiV.tENTS: None. 6/ Agenda Information Memo September 20, 2005, Eagan City Council Meeting O. AUTHORIZE PREPARATION OF AN AMENDMENT TO CITY CODE CHAPTER 11, PERMITTED USES IN PARK ZONING USES ACTION TO BE CONSIDERED: To authorize preparation of an Amendment to City Code Chapter 11, Permitted Uses in Park Zoning Uses. FACTS: - The City Council and City staff have discussed the possibility of amending the City Code to provide additional permitted uses in the Park (P) Zoning District. It is not anticipated that additional uses would be considered for publicly owned property in that zoning category, but that they maybe considered for privately owned properties that are currently zoned Park (P). - The Council and staff have discussed the possibility of adding the following uses: O Nursery O Churches O Schools (with discussion of adding universities and colleges) O Single family "executive" lots containing not less than 4 acres and a 5% maximum lot coverage, provided it is located in an area outside of 60 DNL - At its workshop meeting of September 12, 2005, the City Council received this information and gave direction to: o Add Private Recreational Facilities, such as covered recreational fields, golf domes, etc., to the proposed list of prospective uses. O Identify any additional prospective uses as Conditional Uses rather than Permitted Uses o Identify specific CUP standards or guidelines under which the prospective additional uses would be considered. O Identify means such as density rafios to encourage clustering of physical improvements, that would preserve the intent of preserving open space in areas in the Park zoning category. o Identify potential modifications that may be necessary in the Comprehensive Plan to be consistent with zoning code if it is to be amended. - The amendment of Chapter 11 requires consideration and a public hearing before the Advisory Planning Commission. Because the prospective action would result in a change in permitted uses in Parks zoning districts, it is also anticipated that the Advisory Parks and Recreation Commission would be a part of the process as well. This action will initiate the process for such review. ATTACHMENTS (1): Current Park (P) Zoning District City Code Section on pages~through~ 6a LAND USE REGULATIONS (ZONING) 15. Effect of final planned development approval. ~ 11.60 a. Except as provided in this section, no building permit shall be issued for any building on land for which a plan for a planned develop,~m~ent has been approved which does not conform to the approved final plan. ~. b. Except as provided in this section, development of for which a planned development has been approved which does notconform to the approved final plan shall only be allowed after one of th~following. 1. Amendment to the approved final plan~of the planned development by the city council in the same manse as required for approval of a planned development. ~ , 2. Term of the approved planned'~development by the city council after notice and public hearing i~n~e same manner as required for approval of the planned development. The council may further condition the vacation of a planned development in order to better protect the public . health, safety and ~elfare. 16. termination. Upon expira~on of the specific time period approved by the city for total development of a Manned development, the subject area shall become a permanent plannedvelopment district, and the conditions, provisions and restrictions of the . development plan shall continue to govern the use of the land. Provided, evertheless, that if a planned development is not completed within the r . ed time period, the planned development district classification shall auto~ally terminate as to that portion of the district that has not been developed~The requirements and provisions of the underlying zoning classifica- tion ip~~its entirety shall thereafter apply to the undeveloped area. Any factual disputes arising under this subsection shall be presented to and determined by a Majority vote of the city council. 17.~~Penalties for violation. Each provision of this Code is sepazable, and a judicial declaration of invalidity of any one provision thereof shall not invalidate the remainder. Any person who shall violate any of the provisions of this Cade shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a ~~r~'-egce~du g"minimums as adopted by 1Vlinnesota State S'~tute.~ Subd. 19. P Park District. A. Purpose. The Park District is intended for public and private park uses and related facilities. B. Permitted uses. 1. Camping grounds. 2. Freestanding satellite dishes, subject to the regulations thereof elsewhere in this chapter. 3. Golf courses. Supp. No. l0 ._ CD11:71 ~ /3 § ll.60 EAGAN CODE 4. Parks. 5. Playgrounds. 6. Public structures. 7. Swimming pools. 8. ~72nnis courts. C. Conditional uses. 1. Freestanding towers. . 2. On-sale beer associated with golf course clubhouses. 3. temporary on-sale beer: 4. Gun clubs. D. Permitted accessory uses. 1. Zlemporary outdoor events, subject to regulations thereof elsewhere in this chapter. Subd. 20. PF Public Facilities Distract - ~ - _ro .. ..~ A. ~T~e.~purpose~~-of-°tliis = clistnct is- foT ~ city; state; and.-federal govern~t buildings, public and private schools and hospitals.. ~`~~? y% ~~ ~ .w+. B. Permitted uses. "" , .~=~' 1. Antennae on a city water reservoir tank or tower and public utility tower antennae, subject to regulations thereof elsewhere in this chapter. ~_ 2. Building mounted antennae, subject to regulations thereof elsewhere in this chapter. 3. Churches. 4. Freestanding satellite dishes, subject to the regulations thereof elsewhere in this chapter. 5. Governmental buildings. _ ~ . 6. Hospitals. ' 7. Public utility structures and equipment. 8. Satellite dishes, subject to regulations thereof elsewhere in this chapter. 9. Schools. ,=`;' r`' B. [1]. Conditional uses. ~ ~" G:' 1. Daycare facilities associated with churches. !r . 2. Electrical substaons and other public utility facilities. 3. Freestanding~nwer and wind energy conversion systems, subject to regulations thereof elsewhere in this chapter. ~"'° Supp. No. l0 CD11:72 ~ ~~ Agenda Information Memo September 20, 2005, Eagan City Council Meeting P. EXTENSION FOR RECORDING FINAL PLAT - MANLEY LAND DEVELOPMENT ACTION TO BE CONSIDERED: To approve a 60-day extension of time to record the final plat for Corporate Woods, located on the northwest corner of Pilot Knob Road and Buffet Way in the NE % of Section 4. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: - The City Council approved the final plat on July 19, 2005. The plat is required to be recorded within 60 days of approval, which would be September 17, 2005. - The applicant is requesting an extension to allow an additiona160 days to record the final plat. - The 60-day extension would allow until November 16, 2005 for the plat to be recorded. - A letter from the applicant is attached. ATTACHMENTS (1): Letter from Manley Land Development, page bs SEP-14-2005 13:28 From: ~ ~~~ Lana DCVC10pmCrtt, Int. I91 i f I.a7.~ f7~IVe , F1~.~1f7. A/1N ~ir i 7? Rhone 65 i .28`).5263 Fax 651."<'£39.~3Z9 www r i idr lieyl~r r~~ Cur r i September 12, 2005 70: lJagan City Council Re: Final Plat -Eagan Woods To:651 675 5694 P.2~2 Manley Land Development is hereby requesting a 60-day extension of Fine! Plat approval for Eagan Woods. The City Council had granted approval on July 19, 2005, but we were unable to record the approved plat within the customary 60 days. However, it is our intent to ful#ill all plat filing requirements as soon as possible. Thanks for your attention to this matter. T can be reached ~ (651) 289-5506 or on my mobile ct, (651) 58'7-93 54. l..and .Planner 66 Agenda Information Memo September 20, 2005, Eagan City Council Meeting Q. APPROVE OFF-SALE LIQUOR LICENSE FOR MADIGAN COMPANIES, INC. DBA CEDAR GROVE LIQUOR, 1983 SILVER BELL ROAD ACTION TO BE CONSIDERED: To approve the off-sale liquor license for Madigan Companies, Inc., dba Cedar Grove Liquor, 1983 Silver Bell Road. FACTS: - Patrick Madigan has applied for anoff--sale liquor license with the City of Eagan. The business will be structured as a corporation. The owner/president of the corporation is purchasing the existing Boji Wine & Spirits liquor store. The new owner will operate the establishment using the name of Cedar Grove Liquor. - A sale was pending between the current owner of Boji Wine & Spirits and the principals of Pradith, Inc. dba Urban Liquors. The off-sale liquor license was applied for and approved by Council on August 16, 2005; however, prior to submission of the license to the State of Minnesota for final approval, the new owners were unable to secure the necessary lease. A lease assignment has been executed between Boji Wine & Spirits, Patrick Madigan and Chaska Investment Limited Partnership (the Landlord). - The change of ownership is scheduled to occur following approval of the license by the City of Eagan and the State of Minnesota. - All required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. ATTACHMENTS (0): 6~ Agenda Information Memo September 20, 2005 Eagan City Council R. FINAL SUBDIVISION (TAN ME INDUSTRIAL PARK 2ND ADDITION) - APPRO DEVELOPMENT ACTION TO BE CONSIDERED: To approve a Final Subdivision (Tan Me Industrial Park 2°d Addition) of approximately 2.58 acres to create two lots on Lot 2, Block 1, Tan Me Industrial Park located in the SE'/o of Section 9. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: - The Preliminary Subdivision was approved June 21, 2005. - All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMENT'S (1): Final Plat, page 6~ n ~~~ C , f ~a 0 ~~ 6 .. - ~. i ~ .. sr i 4 ~ 4 :. ~ ( I .~.:1 a*Gt Ada ~ ~ ~ 4n ~~~ ~~ ;~,7~Y ~~"tit` ~ ( ,: ca¢if ~ ~ _._____~__..__ ~~y`Y°° _/ ~,y rf~ ~ x 9 dd ~ ~' ~~ RSi s p . \ 8 ~ ~~ gB~~~• f ~ I ~ .y ~ / Ik'8 ~ Z ~ ' ° ~r'gl~ ~€M l ~~ c ~ - ~ ~; ., r I ~ , n ~~~r a ~ .~ I i ~ (n ~ ~ - '-'~ ' ~~ ~ ~, i -~1' ~~ ~ o ' ~' y , ,, r.. C . \ r i ~ ' \ \ r \ `b~ 1. \'. ~ ~ ' r f` ?~ ~ ~ ~ ~ T\ D ~ ~ i ' ~ a ii ~: ~ ti~/ ~ ~ $N . ~ au^• ~~ / ~ %//// / ~i ~i V~~ ~`/ C Z m m N O N m N ~ 'kr] / ~ / /~ / // ~~•~ q~ / //'/ ~ oak ~f~ gg. ~~ ~ ~ c G { ~ ~ /~ / j: ~ :~~ A•v C ~~ - ~ ,a __ -~ A 69 Agenda Information Memo September 20, 2005 PUBLIC HEARINGS A. PROJECT 937, LONE OAK PARKWAY TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Approve or deny Project 937 (Lone Oak Parkway - Trail Improvements) and authorize the preparation of detailed plans and specifications. FACTS: • On August 16, 2005, the City Council authorized the preparation of a feasibility report identifying the scope, cost, schedule and method of financing a proposed trail construction along the east side of Lone Oak Parkway. A public hearing was scheduled for September 20, 2005 to formally present and discuss the report with the adj scent property owners. • On March 23, 2005, City staff received a petition from CSM Corporation, developer and owner of properties in the Waters Area in northeast Eagan, requesting trail improvements, along the west boulevards of Lone Oak Drive and Lone Oak Parkway. In response to the petition, the Council initiated Project 922 (Lone Oak Drive/Parkway Trail Improvements) and authorized the preparation of a feasibility report identifying the scope, cost, schedule and method of financing the proposed trail construction. • The construction of a trail along the west boulevard of Lone Oak Parkway was included in the feasibility report for Project 922 as an Alternate for the Council's consideration and direction. A significant amount of assessable frontage was adjacent to the United States Postal Service (LISPS) Regional Facility Service Center on the west side of Lone Oak Parkway. The City does not have any authority to assess this property without their consent, and LISPS was not one of the petitioners. • On July 19, 2005, the City Council held a public hearing for Project 922. After presentation of the project and public comment from a representative of CSM Corporation, the Council approved the project (without the Alternate to construct a trail along the LISPS parcel on the west side of Lone Oak Parkway) and authorized preparation of detailed plans and specifications. Direction was given to pursue a potential trail along the east side of Lone Oak Parkway for later consideration. • At the City Council's direction at the close of the public hearing on July 19, 2005, city staff attempted to work with the petitioner of Project 922, CSM, to get a new petition that includes a trail along the east side of Lone Oak Parkway between Lone Oak Drive and Northwest Parkway (across the street from the LISPS parcel). The construction of these two trail segments combined under one contract would provide an economy of scale that would likely reduce the construction cysts and the associated assessments to each property. To date, city staff has not received a petition for this additional trail segment. • Afield review of the boulevard along the east side of Lone Oak Parkway between Lone Oak Drive and Northwest Parkway reveals existing curb cuts for future pedestrian ramps, indicating the expectation of a trail or sidewalk along this roadway segment at the time of the initial construction. • The details of this project have been discussed with representatives of CSM Corporation and Northwest Airlines (NWA). ISSUES: • Since this improvement is being processed without a petition from a minimum of 35% of affected property owners, it will require a 4/5 Council vote of approval to protect the city's ability to levy special assessments. If the project is approved, it is recommended that the final assessment hearing be held prior to the award of contract to determine the extent of potential assessment objections, if any. ATTACHMENTS: • Feasibility Report, enclosed on pages ~/ through v City of Ea~a~ Report for Lone Oak Parkway Waters Area Trail Improvements City Project No. 937 Eagan, Minnesota September 2, 2005 '7/ Cily of Eagan Pat Geagan MAYOR Peggy Carlson Cyndee Fields Mike Maguire Meg Tilley COUNCIL MEMBERS Thomas fledges CITY ADMINISTRATOR MUNICIPAL CENTER 3830 Pilot Knob Road Eagan, MN 55122-1810 651.675.5000 phone 651.675.5012 fax 651.454.8535 TDD MAINTENANCE FACILITY 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651.454.8535 TDD www.cityofeagan.com September 2, 2005 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Lone Oak Parkway The Waters Area Trail Improvements City Project No. 937 Dear Mayor and City Council: Attached is our report for the Lone Oak Parkway -Trail Improvements, City Project No. 937. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. Sincerely, `~-~--~~ ~,''~7 Timothy J. Plath, PE Transportation Engineer Reviewed By: I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. ~~ryJ ~~z~G~~ Timothy J. Plath Date: ~ I6 4-f Reg. No.42024 of Public Works Date: "1 - /(o - d ~ THE LONE OAK TREE The symbol of strength and growth in our community. Revi Finance ~°~ Date: 9 ~(~ ~~ TABLE OF CONTENTS Letter of TransmittaUCertification Table of Contents Page Scope/ Introduction ....................................................................................................................... 2 Feasibility and Recommendations .................................................................................................. 3 Proposed Improvements ................................................................................................................. 4 Permits/ Right-of--Way .................................................................................................................... 5 Cost Estimate ................................................................................................................................... 5 Area to be Included ......................................................................................................................... 5 Assessments ...................................................................................................................................... 6 Assessment Financing Options ....................................................................................................... 6 Revenue Source ................................................................................................................................ 7 Project Schedule .............................................................................................................................. 8 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures -1 Location Map -2 Trail Improvement/ Assessment Map -3 Proposed Typical Sections ~~ September 2005 Trail Improvement Report Lone Oak Parkway Eagan, Minnesota Scope/ Introduction This project provides for the construction of an 8-foot wide bituminous trail along the east side of Lone Oak Parkway from Lone Oak Drive to Northwest Parkway, in northeast Eagan. Figure 1, located at the back of this report, shows the project location. Lone Oak Parkway is an 84-foot wide parkway street with a raised, sodded center median constructed in 1987 with the adjacent business campus development known as the "The Waters". Development of "The Waters" area did not include the construction of sidewalks or trails within public right-of--way. This project was initiated by the City Council on August 16, 2005 in response to a petition received from CSM Corporation, developers and owners of various properties in "The Waters" area. The petition requested installation of a trail along the west side of Lone Oak Drive and Lone Oak Parkway from Lone Oak Road to Northwest Parkway. The Council previously authorized the preparation of plans and specifications for the Lone Oak Drive portion of the petition at its July 19, 2005 regular meeting, but requested further study of the installation of a trail on the east side of the Lone Oak Parkway segment. The petitioners, CSM Corporation, were informed of the Council's direction relative to the Lone Oak Parkway segment and have not provided a petition for the new study as requested. As previously stated, the original petition requested the installation of a trail along the west side of Lone Oak Parkway. The United States Postal Service's Regional Accounting and Technology Support facility CUSPS facility) is located adjacent to the west side of Lone Oak Parkway. Historically, assessments have not been paid by the 7~ USPS when public improvements have been made adjacent to its facilities. Additionally, a sidewalk system currently exists on the southeast sides of Lone Oak Parkway and Northwest Parkway, northwest of the proposed trail improvements. Therefore, installation of a trail on the east side of Lone Oak Parkway, from Lone Oak Drive to Northwest Parkway, will provide connectivity to a continuous traillsidewalk system and reduce unprotected street crossings by pedestrians. The City's Master Trail Plan, most recently updated in 1994, does not identify the need for a trailway connection as proposed with this project. While it has not been City policy to require developments to install sidewalks/trails in business campus areas, recent changes in lifestyles and health habits have created a demand for pedestrian improvements such as proposed with this project. Additionally, the ongoing Northeast Eagan land use study further supports the appropriateness of the proposed trail construction. The area of the study is generally located north of Lone Oak Road and east of TH 149 (Dodd Road). The final study provided the Council with information needed to properly evaluate the current and future land use designation. The analysis includes road capacity, interstate interchanges, aviation (location of airport and noise), land supply for various uses, economic impacts, etc. Preliminary results of the traffic study component indicate that improvements to the northeast area transportation system will be required regardless of the future land use in this area. These improvements have been included in .the draft Transportation Infrastructure Needs Analysis (TINA) as projects E108-E111. Specifically, project E109 is likely to require an upgrade of Lone Oak Parkway's roadway functional classification to a collector or arterial. The proposed construction of a bituminous trail would be consistent with the City's design standards for collector or arterial roadways. Feasibility and Recommendations This project is necessary to provide safe and connected pedestrian access along Lone Oak Parkway. 7s This project is cost-effective in that the needed trail system will be constructed as a whole instead of in portions by individual development. It is recommended that this improvement be combined with other similaz improvements within the City to encourage additional cost savings due to the benefit of scale. This project was initiated by a single petitioner who owns 2 of the 3 parcels along the project. In order to comply with the City's assessment policy, the adjacent property owners will be solely responsible for 100% of the costs associated with the improvements along their parcels. Proposed Improvements This project provides for the construction of an 8-foot wide bituminous trail with an 8- foot boulevard green space adjacent to Lone Oak Parkway from Lone Oak Drive to Northwest Parkway as shown on Figure 2. Typical sections for the proposed trail construction are shown on Figure 3. On December I3, 2004, the City Council approved the Community Transportation Trail System Policy for staff implementation. The policy states that proposed trail segments should be evaluated with its criteria to ensure the utmost safety and practicality for the citizens of Eagan while bearing in mind proper fiscal responsibility- The policy also states that its guidelines should be used as a general method to rank aII future trail segments to be constructed as public improvements. In reviewing the proposed trail segments, the trail policy evaluation indicated a medium ranking for this segment. Based on this evaluation, the trail segment is supported by the City's trail policy. ~6 Permits/ Right-of--Way It is anticipated that only a MN Pollution Control Agency Construction Stormwater Permit for projects disturbing over one acre will be required. All of the proposed work with this project will take place within the existing right-of--way of Lone Oak Parkway. Cost Estimate A detailed cost estimate is located in Appendix A. The estimate is based on anticipated 2006 construction costs and include a 5% contingency and indirect cost of 30%, which include legal, administration, engineering, and bond interest. Lone Oak Parkway Trail Construction $ 82,800 Area To Be Included Listed below are the properties proposed to be assessed and the construction area of the project. Construction Area Lot 1, Block 1 Silicon Graphics lst Addition Outlot A, Lone Oak 2"d Addition Lot 1, Block 1 Lone Oak 1S` Addition Assessment Area Lot 1, Block 1 Silicon Graphics 15` Addition Outlot A, Lone Oak 2"d Addition Lot 1, Block 1 Lone Oak ls` Addition n 5 Assessments A preliminary assessment roll is provided in Appendix B located at the back of this report. An assessment map is shown on Figure 2. Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for sidewalk/trail improvements for commerciaU industrial properties on local streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Local Sidewalks/Trails • CommerciaU Industrial 100% 0% All commerciaU industrial lots as shown on Figure 2, adjacent to the trail to be constructed, are proposed to be assessed. The City's Assessment Policy states that 100% of the trail costs are assessable. The estimated cost for trail per commerciaUindustrial foot to be assessed based on the City Assessment Policy is $45.90/Front Foot and is calculated as follows: 1) [$82,800 (Trail Cost) x 100%] _ $82,800 (Total Assessment) 2) $82,800 (CommerciaUIndustrial Assessment) ~ $45.90/foot 1,805 F.F. Assessment Financing Options . The property owners will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over ten years for commercial/industrial properties with the interest determined by the results of the bond sale used to finance the improvements. 7g The following payment schedule will result based on an estimated 5.0% interest for the assessed amounts: Assessment Schedule (per $10,000 Assessment) t Principal Interest Cost Per Year Per Year Per Year (First Year $1,000 $500 ~ $1,500 Tenth Year $1,000 $50 $1,050 Revenue Source Lone Oak Parkway Estimated Estimated Proiect Cost Assessment Revenue Balance $82,800 $82,800 $0 - It is proposed to assess the benefiting properties the entire cost of the proposed improvements in accordance with the City Assessment Policy. The amount of trail dedication fees previously paid by affected properties has been appropriated to the City's Major Street Fund, for use in the construction and maintenance of trails adjacent to collector and arterial roadways. ~y Proiect Schedule Order Public Hearing .................................................................................August 16, 2005 Present Feasibility Report to City Council ....................................:.........September 6, 2005 Public Hearing .................................................................................... September 20, 2005 Approve Plans and Specifications ................................................................. March 7, 2006 Award Contract .......................................................................................... May 2, 2006 Project Completion ............................................................................. September 1, 2006 Final Cost Report ................................................................................ September, 2006 Final Assessment Hearing ..................................................................................... Fall, 2006 First Payment Due with Property Tax Statement .................................... May 15, 2007 ~~ a Appendix A Lone Oak Parkway Trail Improvements City Project No. 937 Preliminary Cost Estimate I. - Lone Oak Parkway Trail Item No. Item Unit Est. Q Unit Price Est. Cost 2021.501 Mobilization LS 1 $2,750.00 $2,750 2104.501 Remove Concrete Curb and Gutter LF 120 $6.50 $ 780 2105.501 Common Excavation CY 895 $12.00 $10,740 2211.501 6" A e ate Base, Cl. 5 (100% Crushed) TON 665 $20.00 $13,300 2350.501 2" Bituminous Walk (LV45030B) SY 1,605 $8.00 $12,840 2350.505 Bituminous Mixture for Patchin TON 4 $150.00 $600 2521.602 pedestrian Ram s (w/ Truncated Domes) EA 3 $750.00 $ 2,250 2531.501 Concrete Curb and Gutter, B618 LF 120 $16.00 $1,920 2564.531 Si Panels T e C SF 56 $25.00 $ 1,400 2564.618 Zebra Crosswalk White-E ox SF 576 $7.00 $ 4,050 2575.505 Sod and 4" To soil SY 2,005 $5.00 $10,025 Subtotal $ 60,655 + 5% Contin encies $ 3,035 Subtotal $ 63,690 + 30% Indirect Costs $ 19,110 TOTAL $ 82,800 ~~ Appendix B Lone Oak Parkway Trail Improvements City Project No. 937 Preliminary Assessment Roll I. Lone Oak Parkway Trail Parcel Parcel ID No. Front Footage Rate/ Front Foot Estimated Assessment Lot 1, Block 1 Silicon Gra hics 15T Addition 10-68058-010-01 615 $45.90 $28,230 Outlot A, Lone Oak 2nd Addition 10-45701-010-00 400 $18,360 Lot 1, Block 1 Lone Oak 1st Addition 10-45700-010-01 790 $36,210 TOTALS 1,805 $82,800 ~a Agenda Information Memo September 20, 2005 OLD BUSINESS A. CONTRACT OS-08, LONE OAK DRIVE TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: 1) Approve the Plans and Specifications for Contract OS-08 (Prof. 922 -Lone Oak Drive Trail Improvements) and authorize the solicitation for a competitive bid opening at 10:30 am, October 27, 2005; OR 2) Approve the Plans and Specifications for Contract OS-08 (Proj. 922 -Lone Oak Dr. and Proj 937 -Lone Oak Pkwy Trail improvements) and authorize the solicitation of a competitive bid opening at 10:30 am, October 27, 2005; AND/ OR 3) DELAY the bid opening date until Spring, 2006. FACTS: • Contract OS-08 provides for the construction of a bituminous trail along the west side of Lone Oak Drive, from Lone Oak Road to Lone Oak Parkway (Project 922) as approved on July 19, 2005. • On July 19, 2005, the City Council held the public hearing for Project 922. After presentation of the project and public comment from a representative of CSM Corporation, the Council approved the project (without the Alternate to construct trail along the USPS parcel on the west side of Lone Oak Parkway) and authorized preparation of detailed plans and specifications. Direction was given to pursue a potential trail along the east side of Lone Oak Parkway for later consideration. (See Public Hearing for Proj 937 on this agenda) • The plans and specifications for construction of a bituminous trail along the west side of Lone Oak Drive, from Lone Oak Road to Lone Oak Parkway, have been completed by the City Engineer and are being presented to the City Council for their approval and authorization for the advertisement of bids. ISSUES: • If Project 937 is approved as a result of the Public hearing earlier on the agenda, it would be appropriate to incorporate that project into this Contract as an addendum to benefit from the economies of scale on bidding. • The current bituminous material prices for trail construction are at the highest levels ever. Experience has indicated that the fall is typically not a good time of year for bidding due to contractors already having work scheduled through the end of the construction season. • The proposed bid opening date and the earliest Council approval of a bid award would optimistically place the start of construction at November 21. Typical construction seasons experience the closure of the bituminous plants by Thanksgiving, which is on November 24 this year. g3 Agenda Information Memo September 20, 2005 B. WATER QUALITY MANAGEMENT PLAN UPDATE TASK FORCE ACTION TO BE CONSIDERED: Appoint 3 Citizen Representatives to the Water Quality Management Plan Task Force. FACTS: • In 1990, the City created and adopted the state's first municipal wide Water Quality Management Plan (WQMP) and related Storm Water Utility to finance its implementation. For the past 15 years, this document guided the growth and development of our community protecting and managing our natural water resources. The implementation of this comprehensive plan during the 1990's has resulted in several regional, state and national awards. It is time to update this 15 year old plan. • Earlier this year, The APrC and its Natural Resources Subcommittee considered the development of a wetland protection and management plan for the City, which will replace the Minnesota Wetland Conservation Act (WCA). This proposal was rolled into the updated WQMP. On August 1, 2005, the Council formally authorized the preparation of the update to the Comprehensive Water Quality Management Plan. • On August 16, the Council approved the creation and makeup of a Task Force to oversee the development of the WQMP update. Similar to the first plan preparation in 1990, the commissioning of a Task Force representing the various stakeholders is an important element to a successful management plan and important public education and communication tool. This Task Force will function similar to a steering committee providing valuable feedback, insights and perspectives from a diverse background of community and professional interests. • The following 16 members will comprise the Task Force: • Regulatory/Jurisdictional Agencies (7) 1. Pollution Control Agency (PCA) 2. Department of Natural Resources (DNR) 3. Board of Soil & Water Resources (BWSR) 4. Met Council Environmental Services -Water Resources (MCES) 5. Gun Club Watershed Management Org. (WMO) 6. County Soil & Water Conservation District (SWCD) 7. Dakota County Water Resources for Lebanon Hills Regional Park • City Staff (2) 1. Water Resources Coordinator 2. City Engineer • Consultant (1) • Advisory Parks & Recreation Commission (1) • City Council (2) • Resident Citizens (3) gy Water Quality Management Plan Continued • In response to the public advertisement directed by the Council to solicit resident citizens, staff has received 18 (2 submitted past the deadline) applications to serve on this Task Force. It is proposed that the Council make the final three resident appointments to allow the Task Force to schedule their first meeting planned for the first part of October. ATTACHMENTS: • Candidate applications and summary sheet are enclosed without page number. 8S Agenda Information Memo September 20, 2005 Eagan City Council Meeting VII. NEW BUSINESS A. PRELIMINARY SUBDIVISION (ESMERALDA ADDITION) -CHARLES HANF ACTIONS TO BE CONSIDERED: To approve (Or direct Findings of Fact for Denial) a Preliminary Subdivision (Esmeralda Addition) of .62 acres to create two single family lots and a Variance to lot width for property located at Lot 1, Block 1, Pilot Knob Heights Fourth in the SW '/4 of Section 1; subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: - The applicant is requesting approval of a subdivision to create two single family lots. - A single family home is present in the southwest corner of the site and will remain after subdivision. - The proposed lots comply with the R-1 lot requirements except for Lot 1 does not meet the lot width requirement at the setback line, it maintains a 50 foot width and 85 feet is required. - The subject site is located within the Shoreland Overlay District of Fish Lake and is restricted to 25% impervious surface. - The Advisory Planning Commission held a public hearing on August 23, 2005 and recommended approval. 120 DAY AGENCY ACTION DEADLINE: November 20, 2005 ATTACHMENTS (2): Draft APC Minutes on page" b o Staff report on pages ~through~~j k6 City of Eagan Advisory Planning Commission Meeting Minutes August 23, 2005 Page 15 B. Esmeralda Addition Applicant Name: Charles Hanf Location: 3702 Denmark Ave.; Lot 1, Block 1, Pilot knob Heights Fourth Application: Preliminary Subdivision A Preliminary Subdivision of .62 acres to create two single family lots. File Number: 15-PS-04-07-05 Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated August 12, 2005. She noted the background and history. Charles Hanf explained his desire to remain in Eagan, and therefore would like to subdivide his lot and position the new home as close to the pond as possible. Chair Heyl opened the public hearing. Pam Madison 1173 Timbershore Lane stated concern for wildlife, property value, location of the driveway, and snow removal, as well as her view of the pond. Dan and Doris Zimmerman, representing their son Steven Zimmerman stated he has concern for the distance of the proposed home to their sons' property. He also has concerns for tree removal, wildlife, and wetlands. Chris Rivera 1181 Timbershore Lane stated concern for wildlife and view from her home. Mary Annala, 1275 Timbershore Lane, President of the Homeowners Association stated the variance is not in the best interest of the homeowners and is concerned for the traffic and distance to other homes. Peggy Riedel 1175 Timbershoretane stated concern for the view from her property. Mary Hagberg 1177: Timbershore Lane stated concern for the view from her property and snovv removal. Roxanne, daughter of the Hanf's, stated she is purchasing the existing home and is in favor of the proposal because of the unique opportunity to raise her children so close to their grandparents. There being no further_ptablic comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Assistant City Engineer John Gorder addressed the pond and stated it is used for storm water management. He explained that with proper erosion control, the proposal would not negatively impact the pond. Mr. Hanf stated the tree in question will not be removed and the driveway will have plenty of room on both sides for snow storage. Member Gladhill stated opposition due to setting a precedence and lack of hardship for the lot width variance at the setback line. City of Eagan Advisory Planning Commission Meeting Minutes August 23, 2005 Page 16 Chair Heyl stated Mr. Hanf has made efforts to preserve the property and a Preliminary Subdivision is allowed. She stated it may appear to be a tight fit; however, it is allowed and consistent with Code standards and other flag lots the City has approved. She also stated that the proposal works better than some other approved subdivisions. She stated approval would be consistent. She asked the applicant could lessen the width of the driveway and staff responded that that would be allowed. Member Chavez moved, Member Dugan seconded a motion to recommend approval of a Preliminary Subdivision of 0.62 acres to create two single family lots with a variance to Lot 1 for lot width, for property located at 3702 Denmark Avenue in the SW '/ of Section 15 subject to the following conditions: 1. The developer shall comply with these standards conditions _of plat approval as adopted by Council on February 2, 1993: A1, B1,4, C1, D1 E1 2. The property shall be platted. 3. The subdivision is subject to the Shoreland Overlay District of Fish Lake limiting impervious surface to 25% per lot. 4. A cash dedication in lieu of on-site water quality ponding is required for this development. 5. Cash park and trail dedication for Lot 1 is required. 6. This development shall dedicate drainage & utility easements to an elevation three feet above the calculated 100-year storm event elevation of Pond JP-47 (to elevation 855.5). A vote was taken: Aye: Chair Heyl, Members Bendt, Chavez, Dugar, Hansen, and Matthees. Nay: Member Gladhill. Motion Carried 6-1. g~ PLANNING REPORT CITY OF EAGAN REPORT DATE: August 12, 2005 APPLICANT: Charles Hanf PROPERTY OWNER: Same REQUEST: Preliminary Subdivision LOCATION: 3702 Denmark Ave CASE: 15-PS-04-07-OS HEARING DATE: August 23, 2005 APPLICATION DATE: August 2, 2005 PREPARED BY: Sheila Cartney COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision of 0.62 acres to create two single family lots and a Variance for property located at 3702 Denmark Avenue in the SW'/< of Section 15. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use g9 Planning Report - Esmeralda Addition August 23, 2005 Page 2 contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and, incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The subject property was platted in 1974 as Lot 1, Block 1, Pilot Knob Heights Fourth Addition. EXISTING CONDITIONS There is a single family home present on the southwest corner of the 0.6 acre lot. The subject site is within the Shoreland Overlay District of Fish Lake and is restricted to 25% impervious surface coverage. City property abuts the subject site to the south, this sliver of property is used for access and for future drainage. 90 Planning Report - Esmeralda Addition August 23, 2005 Paee 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Desi nation North Townhouses Planned Development Medium Density Residential South Park property and Park and Planned Parks and Recreation Single Family home Development Open Space and Low Densi Residential East Park property and Park and Agriculture Parks and Recreation Single family home Open Space and Low Densi Residential West Park property Park Parks and Recreation en S ace EVALUATION OF REQUEST Compatibility with Surrounding Area -The subject site is surrounded with residential uses or Park uses. An additional•single family home is compatible with the surrounding area. Airport Noise Considerations -The subject property is not located within an airport noise contour. Densi -The subject site is guided Low Density Residential 0-4 units/acre. The proposed subdivision will result in a density of 3.2 units/acre. Lots -Proposed Lot 1 is 15,107 square feet and proposed Lot 2 is 12,000 square feet. The existing single family home will remain on Lot 2 with the subdivision. R-1 single family residential zoning district requires 12,000 square feet per lot. Lot 1 has a 50 foot lot width at the street as well as at the 30 foot setback, City Code requires at least 85 feet width at the setback line therefore a variance is necessary if city officials deem this deviation appropriate. Setbacks -The standard R-1 setbacks apply and have been met or exceeded. Shoreland Overlay -The subject is within the Shoreland Overlay District of Fish Lake. The Shoreland Overlay district limits the amount of impervious surface on a lot to 25% of the lot area. As proposed Lot 1 will have 24.9% impervious surface coverage, limiting any additions. Lot 2 is proposed to have 22.9% impervious coverage. 9~ Planning Report - Esmeralda Addition August 23, 2005 Page 4 Grading/Stonn Drainage -The preliminary gading plan is acceptable. The site is heavily wooded and generally slopes to the west and south. The proposed grades for the new house and driveway on Lot 1 generally match the existing grades. Wetlands/Water Quality -There are no wetlands directly associated with this parcel. The subject site is located in the "J" Watershed that drains west to Fish Lake. Due to the size and nature of this residential subdivision, water quality ponding is neither necessary nor feasible. In order to meet the City's water quality requirements a cash dedication is appropriate for this development in lieu of ponding. Utilities -The preliminary utility plan is acceptable. The existing house on Lot 2 is connected to the City sanitary sewer and water main system. Existing sanitary sewer and water mains of sufficient size, depth and capacity are available within Denmark Avenue for service connection for proposed Lot 1. The sanitary sewer and water main service work for Lot 1 will require the removal and replacement of a portion of the Denmark Avenue street section. Access/Street Design/Circulation - The driveway access for the existing house on Lot 2 will remain onto Denmark Avenue, and access to Lot 1 is also proposed onto Denmark Avenue. Easements/Rights of Way/ Permits -The development property is adjacent to Pond JP-47 (as designated in the City's Storm Water Management Plan). To cover temporary storage of storm water runoff in large storm events, the developer should dedicate drainage & utility easements to an elevation three feet above the calculated 100-year storm event elevation of Pond JP-47 (to elevation 855.5). Similar easement dedication is required of all developments adjacent to City storm water ponds. Tree Preservation -Tree preservation issues will be determined at the time of building permit. Parks and Recreation -Cash dedication for Park and Trails is required for Lot 1. SUMMARYICONCLUSION The subject site is currently developed with a single family home on the southeast corner. The applicant is requesting to subdivide the site into two single family lots. Both lots comply with the R-1 lot requirements except for Lot 1 does not meet the lot width requirement at the setback line it maintains a 50 foot width and 85 feet is required. The subject site is located within the Shoreland Overlay of Fish Lake; therefore, each lot is limited to 25% impervious surface, as proposed Lot 1 will be 24.9% limiting any future additions or patios. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision of .62 acres to create two single family lots with a variance to Lot 1 for lot width, for property located at 3702 Denmark Avenue in the SW'/4 of Section 15. If approved, the following conditions should apply: 9~ Planning Report - Esmeralda Addition August 23, 2005 Page 5 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1,4, C1, D1, E1 2. The property shall be platted. 3. The subdivision is subject to the Shoreland Overlay District of Fish Lake limiting impervious surface to 25% per lot. 4. A cash dedication in lieu of on-site water quality ponding is required for this development. 5. Cash park and trail dedication for Lot 1 is required. 6. This development shall dedicate drainage & utility easements to an elevation three feet above the calculated 100-year storm event elevation of Pond JP-47 (to elevation 855.5). q-3 STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations This development shall accept its additional financial obligations as defined in the staff s report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of--Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of--way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of--way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage requirements. C. Plans and Specifications All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 9~ 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The fmancial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedications 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for provided a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks Commission and approved by Council action. H. Other 1. All subdivision, zoning, and other ordinances affecting this development shall be adhered to, unless specifically granted a Variance by Council action. Advisory Planning Commission Approved: Au;;ust 25, 1987 City Council September 15, 1987 Revised: July 10,1990 Revised: February 2, 1993 G:Engineering/Forms/Standard Conditions of Plat Approval 9s Preliminary Sufzdivision Plan Request Date Applicant /Contact: Properly Owners: Request: Location: Legal Description (Existing) Proposed name: Comprehensive Plan: Zoning: (Current and Proposed) Surveyor: Principal Contractor. (Proposed) Summary of Request: June 30, 2005 Charles Hanf (651) 454-2649 Charles Hanf Jessie Monfleury Preliminary Subdivision Approval (Single-Phase Development) 3702 Denmark Ave. Lot 1, Block 1, Pilot Knob Heights, Fourth Esmeralda Addition LD, Low Density Residential R-1 Delmar Schwanz (651) 423-~ 769 Jim Williams Valley Investment Construction, Inc. We are requesting approval of this preliminary subdivision of our lot to create a second lot and we request a variance to the required lot width as specified in the Land Use Regulations, Use Districts and Overlays Sec. 11-60 subd. 5. We believe the two subdivided lots meet alt City Codes that def ne a lot except for the requirement for an 85 foot width back 30 feet from the Public Right-of-way. The newly created lot width would exceed the 85-foot minimum where the proposed house would be constructed. We are requesting approval of this lot-split in order that we may remain in Eagan since there is a scarcity of affordable land available. V~letland Conservation: This subdivision would comply with Level 1 requirements of Minnesota Wetland Conservation Act. Enclosed is a report from Aquatic Ecosolutions, Inc. 9/ RECEIVED JUL 2~ 20D~ f~ Tree Preservation Plan: There is only one significant tree as identified by Kunde, Inc. report (attached) in the proposed construction zone. This is a maple tree identified as #13 on the plat plan. We will try not to disturb even this one significant tree on the lot during construction. Contiguous Zoning: The subject lots are zoned R-1. The adjacent land to the North, Timbershore Development consisting primarily of quad-homes, is zoned R-3; to the East is a 30 foot wide easement to JP-47 owned by the City of Eagan; to the South is R-1 single family homes; and to the West is Fish Lake Park. TiminglPhasing: We plan to build a single family house on the proposed lot as located on the Preliminary Plat prepared by Delmar Schwanz Surveyors, Inc. Pending approval, we anticipate breaking ground in late fall 2005 or early Spring 2006 and completing construction in the third quarter of 2006. Current Ilse: The proposed subdivision is currently being used as yard for the 3702 Denmark Ave. property Submitted by: Charles Hanf Jessie Monfieury _ ~ G .~ j ~/ RECEIVED JUL 2 ~ 2005 9~ FINANCIAL OBLIGATION-Emseralda Preliminary Subdivision There are pay-off balances of special assessments totaling $-0- on the parcel proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. 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 subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT qB ;/~i /~ +~ ~ ~ ~ ~ ~ ~ pagan Boundary ,~ Right-of-way i Paro®1 Area ~ V ~ ~rQ - ~ Park Area ®6utl ding Footprint ` m ~ ~ 'r 'I ~ ~~ . i ,~ r ~ ~ ~ A I 101`illlf Itl Iii aa~l^ ~._~ ~~ I Av { f ~Y i ~ ~ ~ r{ { ! ~ \ .S a•® ~ ~ ~r S ~ --J i i~ I ~ 'k ~ ' - to r "'tf'` 7 G~~ ~ s ~ 1 ~ ` ~ ~ ~ ' ' 1 i I ~i ~ ` 1 ~ ~ - ' , ~ ~s! ; 6~ t- i Y ~ [_J. • it 1 , ~ I ! ~ ` m-*~.~ ~ ~ g ~ , ~ ~ ' `~ ~ t '" ~ i i ~~ ~ - ~ ~' ~° Subject Site 1 `'~` °~ ~+ $ ~~ ~ ~ t f , ~ ~ aea~ i R ~ °i j a-t:ai!~ iy~ s .i~.r2..~ '1t } ~`I ~1 ,y~ '1 I - '~ ~ 1 t,~``°Q~~~ 6~# ,;~~$~~,'i.a i':, I a ' 'rub' • ~I. r~ _` }'~ ~ ~.. I 1 ; it ~, i i~f m,e~~I j i l ~ ~~ = ~ ~ ,I / ~~ ~ I ~ - ~•~ ~ ~ I t~ ~ ~ !I ' PPP,,, i i I ~~ ~ ~ ~~n~ d„~'~; ~ *~y ~ ~ ~ iy I r ~ 7~ 4! 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THIS MAP t5 INTENDED fOR REfER£NtE U5E ONLY ~ '~ Gommanhy D•vfopm•nt D•panm•nt The City of Eagan and Dakota County da not guarantee {he accuracy of this information and art not rcsponsiDle for ertarS or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Esmeralda Addition Prelim Subdivision Case No. 15-PS-04-O7-05 Zoning Map t:s~ ~~ .ue.waoor PD ®® ~ R- Current Zoning: R-7 Locat ion m R 1 - l F il R d ti l -~ y esi en a Sing e am oo o Ga t:oo F..t D P A D ~~, ~~ Comprehensive Guide Plan L d U M SA ~ ~~~ °"`""°°°' an se ap ~ ®® L L D L ocation m Current Land Use Designation: D LD Low Density Residential LD LD i00 0 i0a 7200 hH L we.coti.q ~ wi.liptT.O~o'^ ~/ ~~~ Pr base wwp InlormeUO dby Dakote County Lend Survey tlepartn»rt Jerre 2009. N oring information malntalned bytity Staft City of Eagan w >: THIS MAP IS INTENDED FOR R~ERENCE USE ONLY Community Deve/opment Department The City of Eagan and Dakota County do not guarantee the accuracy of this information. 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I ~ ~ O 1 I ~s S r~ O ~ ~~ 1 ~ p p ~ i.':I` 1I m x 1 1 1 ,1 1 1 rl I ._ _ I+ 1 ~ I J ~~ '1 ~ 1! ~ I-- ----' `-------- --~- 1 a 3/1N3/1 d )It-I b'WN~O = g: €~ ya ~ ~ ~~aFFg'~~ ~~~ ~~ ~ ~~ ~a ~z~ ~ :as ~ ~~~ ~ ~~~ S _~! 3 9~= 7 A ~ 0 0 N O C7 Q W _~ W U W Stephen and Kotoko Zimmerman 1167 Timbershore Lane Eagan, MN SS 123 Community Development Department 3830 Pilot Knob Road Eagan, MN SS122 File No 1 S-PS-04-07-OS Esmeralda Addition Hearing Date August 23 2005 To Whom It May Concern August 22 2005 RECEIVED ~'--~ ~~ ~ 2^~15 R~~~~~!rs~ ~~G 23~ We are the residents of 1167 Timbershore Lane, one of the 4-plexes located North of the proposed new house. We oppose the project because of the following reasons: to protect our privacy, to protect Fish Lake and natural habitat of the area. According to the preliminary plat and grading plan we obtained from planning department of the City of Eagan, the proposed new house seems too close to our residence. We have 20' x 8' deck and concrete patio which both seems not included in the plan map. There is a tree in between our unit and the north corner of the proposed house. This tree blanches over our deck, which means the edge of the new house will be extremely close to our unit. We enjoy spending time on the deck in the summer and the view from our living room in the winter. We just want to keep our privacy and backyazd view which are the main reasons why we chose to buy this townhouse unit. In addition to the privacy issue, it seems impossible to build a new house in the proposed lot because of the tree we just mentioned and the pond connecting to Fish Lake. To build a proposed house, it must be required to remove the whole tree. This tree gives us shades and protection from outdoor elements. Also, removing the tree and roots might /off require a new concrete patio for our unit because of the extensive root system We were told from the previous owner of our residence that the tree belongs to the Timbershore Homeowners Association lot. We need clarification of the border between both properties since proposed contour of the new lot includes this tree. Also, the plan shows the South side of the new house will be build over the pond JI'-47. We are concerned about what damage this will bring to nature. The City of Eagan is working very hard to protect Fish Lake. They just completed a project for the pond last summer to protect Fish Lake's water quality. This summer, we have been noticing better changes already. We have been seeing more deer, butterflies, locus, birds, frogs, rabbits, ducks and geese in our backyard and the proposed area. Most of these animals love and require clean water. The proposal addition might destroy all the work the City of Eagan has put into protecting Fish Lake and the natural habitat of the area. We love living in Eagan because it is close to the city yet it has a country feeling. Eagan protects and preserves nature for everyone to enjoy. We hope City Council will make the right decision, Sincerely, ` "' ~~- Stephen and Kotoko Zimmerman /o~ e aegis ~' as~: P •t~ $4~ $ ~~ ~~c ~~< ZSP SE: ;_: ul.u~ it .v E r ~ ~ ~ ~ ~ ! ~~ ~ ! .~ _~ ,____ r _ *~ ; ~ ~~ ~I ~ ~ ~ i ~ 1'ar -!~--! ~` ~ - w I ~ !' . !• ~ :Q ~ p ~ ~ 6~ ~' ~ 1 ~ ~~ IT ~` ~ i ~ ~ i ~~ ~ ! ~ ~ a~E ~ e ~ ~ ~ ,- ~ ~ t i ~ ~ ~~ \ ~ t 'te 1 <^a ~~.e~ ya ~ Q~~ ti .F s ~~ .i~. 1 ~~ 1_ a .1 ~ ~_ ' g'a 1 1 r .e 1 1 ]~ 1 ~; -~ 1 ~~ ~; ! ' ~1 e, ~ ~ ~i 1 ~~ R ' 1 .R7'~1 , 1 ~ .' ~ 1 i 1 i' ., EI ~ ~~ ~~ ~~, _~ ~ ~°-~• r, .e ~3 .E ~ 1• 1 1 1 -r 1 r! 1 1 i 1- . 1~ 1 1 .1 1 li 1~ 1 1 1 . 1 .e . . pp C7 k ~ ~ e E E ~ 4 g ,~ t I ~ ~ ~ ~~' ~ trYY1'~1 I / 1 4 / ' 1 _~ ~ 1 3 III ~ A J U N ~ ~ ~ ~ : ' E ~ ~ ~ : ` ~ 6 ~ t R w ~ 4 ~~ Qsa ~"~ $ 3~ ~ ~=s4?' i3s a C "__ .. ~' a ~ a 3 ~ •~ r z z a ~ ~ S~T_ B m w. S j i ~ 7 ~. m r O a a ~ - ~' ,. ~, _ _~ _ - - - O ~ J ' a ~~ i ~ i ~ a n ! ~ Z ~ ' I ~ ~ I ~~,/ w / o •~ / ~ ~ ~ a .F w 1 $~ ~ Z ~ ~ -~ ~ ,. G ~ ~ I `\ G ~ i , ~! pMO [~ T m I ~ ~ N ' .a ~ ~ s 5 w V W I ~ m ~ ~ •F! -~ ----- ~ f ,: /.: 1 ~ Is ~ R ~'~ ti ~ --- ~ -~ ~ - 8 4 /os /~ Agenda Information Memo September 20, 2005 City Council B. APPEAL OF STAFF DECISION - IDENTIGRAPHICS ACTION TO BE CONSIDERED: To review City staff determination. REQUIRED VOTES FOR APPROVAL: Majority of Councilmembers present FACTS: - The City Code does not contain standards for canopy signage; however, signage requests for business name/logo and corporate color raceway striping have been exclusively approved. - Earlier this year, Identigraphics contacted staff regarding removing Amoco signage and replacing it with Marathon signage at four Eagan locations. Their proposal to change out signage for 1286 Lone Oak Road was to remove the existing Amoco logo from the north elevation canopy and replacing it with a Marathon logo, text stating "unleaded self-serve", and an LED price box on the north and east elevations. Identigraphics would like the same type of canopy signage for the Marathon/Oasis Markets at 3390 Coachman and 4250 Lexington. - After discussing of the proposed change in the canopy signage, it was staff's determination that this design was inconsistent with the purpose of canopy signage previously approved throughout the City of Eagan. Staff informed Identigraphics that a modified sign permit would be necessary. - Identigraphics, on behalf of their customer, is appealing staff's interpretation of the City Code. They are seeking to get the price information "out there" to the customer, and avoid placing price information within a box on the canopy pole (as shown in attached photo). ISSUES: - Being that the City cannot regulate sign content; staff's primary concern with expanding canopy signage/information is the extreme likelihood that future requests may include ATM logos, Pay At The Pump, cigarette prices, electronic reader boards offering other specials etc. ATTACHMENTS (3): Existing and Proposed canopy signage for 1286 Lone Oa Road on page and -f- ~~/ Photos of typical canopy signage on pa e ~ and ~. Letter from Identigraphics on page . /d f Y Q J csM~ W N r ch to .N C4 Q n a 1 _ _ R ^ _ _. m a x R u ~ j {3 ~ L ~ ~ ~ '~ y ~ z e ~ N 23 Y On y O O X W ' . .. ........ .. a U G G _....._ r ...........; ~ ~ m ;r 1 ti L: c m y w ui i-: m ~, ~ ti ~ ~ ~ LL ~ < p v, ~ ~ z r < _ N G ~ ~ A ~ u _ ~ ~ ~--' ~:: ~ ,_ ,;h y r iz ~,, t 5( .. ~~ ~~'~ y]^~ i• a1 ~,.Y i ~~ ~~~~ G~ ~` ~ ti ~` _ r ~~ ~ ~ ~, 3 ~a ~ : ~~ q .~~ ~'. ~ .L.~ u.. i°,. ,~ F x f ~` y ~. ~ ~ s ~' ~ ~y T . t ~ ~ ~~Y r r w~ r ~ ~. ~i„s ~~ 1~ i~. ~. ' ' A a ~ ~~` k 1T :Ya L~ ~. 1 j 1 t fi; a z ? ~ "~' , ~' .~§ j 1~ P; ' t? >L } t t,~t r., ~ yi7 ,~ ~ ._ i ''~"'`, ~ ~i is i h~ ~`~ k.'1, .' y l~ . s r r 'x ~ ~,r+.,r' ~~it.,, -r ' ~~'~ ',~ X"'~~ F c'i„" ~f . ~r ~.T Y~. k _'~., i 1 Ca.. ~ }, ! ~ ~.~ , . ~ . '~' ' . x i y c~~ ~ R .F /, 4. ~: .~j F ~ lZ F 1.__. ~f^rC ~'. ti 4 ,~ ~~~ ~, _. i ~ t ~' k >; ~ , s l ~~ .r ' ~ ~ ____.__.~~,. x s.^, L f~~~ S~ ~~ ?,. ~..... 4 ,...~ 1 G ' I ~, "Icy . s ~ t ~ ~3, i .~~ ~~ ~ ~, +,~ :~ i ~ a ~. ;~ ~, ~ 3 Mt , A ~ ~ (~ 4 ~ ~ R~S } ~ ~.x, ~k x z ~ r ^~ ~ ry t i= ' µ ~ ` }} Pn ~ ~T' ~ t z ~ ~ +.+., 4 '~v*s' <T s Y .~,~_ . , ~ ~ ~ ~ 4. ~L'. ~ _ { n` ~! f ~ ~ ~T [ .~M1 .~ ~ 1 .~ i f 'ft ~L i ~ ~~~ ~ !!! ,.... - ~~ i Y. 6 --t ~ ~~ _ .-- s =.` ~~ ` fl. k v ti } S '. ~ [ vti i ~ ~' ~ w ~t ~ i 1. t ~~ ~~~} ~ ~, ~. 1 Fi X i }, t,• »~ ~:;: ~~ ~~. ., ' j~ ~e~T y' Y~ t t .. r `~`:i. -: a L'c~ qy, F.. :. yl~ Y Z `<, :~: a~IIl1~ENT1- GRAPHICS "A Total Sign Source" www.igdecal.com HWY 7, P.O. BOX 160 • ST. BONIFACIUS, MN 55375-0160 August 29, 2005 City of Eagan City Council 3830 Pilot Knob Road Eagan, MN 55122 Dear City Council Members !i (1 i SEP ? 'GG5 ~ I As the sign installation company representing Twin Cities Stores, we are writing th request That the council override the denial of permission to put LED price signs on the east and north sides of the canopy at the Oasis Market kxxted at 1286 Lone Oak Road in Eagan. It is our understanding that the city does not have a clear code provision for LED signs on canop'~es. but that city planning staff has not granted permission for these types of signs. Please note that these are not flashing signs. We are requesting that the signage for this location be updated to provide adequate signage to advertise our products and draw customers into our store.The present signage (building wall sign) and a small ID sign (3' x 8') on a pylon is inadequate to let our customers know that we sell fuel and what the price of that fuel is. We have looked at aftematives such as: • A. New primary ID sign 10' wide 8~ 17' tall, with a price change sign and a reader board • B. LED price change signs on the canopy (30" x 120") - 2 of these ,one on the east side and the other on the north side of the existing canopy Either system will let our customers know what products we sell and what the current price is. Currently there are two Amoco illuminated signs on the canopy which total 30 sq ft each -both of these will be removed. The two 30" x 120° LED price signs would replace the existing Amoco signage_ Our first choice, of course, would be the new 10 ft ID 8~ price change sign. which I understand would require a variance to place a second,freestanding sign . Therefore; I respectfully ask you to consider our appeal for permission to put up the LED price signs on the canopy. I have enclosed a computer rendering of what the LED signs on the canopy would look like. In addition, we are also requesting aty council approval for LED price signs on the south & east sides of the canopy of the Oasis located at 3390 Coachman Road and for the west & north sides of the canopy of the Oasis located at 4250 Lexington Ave in Eagan.,Here; again, not having visible price signs leaves us at a competitive disadvantage because our pricing cannot be seen until one is actually at the station. If you need additional information, please contact me at 952-446-1172. Sincerely, ~~ om Nelson President //~ ® ~PU AA ~V°RV CERTIFIED GRAPHIC INSTALLERS PHONE 952-446-1172 • FAX 952-446-1717 Agenda Information Memo September 20, 2005 Eagan City Council Meeting IX. NEW RUNWAY/AIRPORT UPDATE A. CONSIDER THE RECOMMENDATION OF THE AIRPORT RELATIONS COMMISSION REGARDING COMMUNICATION STRATEGIES FOLLOWING THE OPENING OF RUNWAY 17/35 ACTIONS TO BE CONSIDERED: To consider the recommendation of the Airport Relations Commission regarding communication strategies following the opening of Runway 17/35. FACTS: Community-wide Open House - A final community-wide open house was held on Thursday, September 15 from 6:30-8:00 p.m. at the Eagan Community Center. - Approximately 100 residents attended the open house. - Eight staff members from the MAC and four Airport Relations Commission members assisted City staff at the open house. Communications Plans Followin tg he Opening_of the New Runway - The Airport Relations Commission fmalized their recommendation for the City Council at the September 12 ARC meeting with regard to communication plans following the opening of the new runway. - As the enclosed table indicates, the Commission recommended a plan over the next twelve months, which includes open houses, newsletter and cable initiatives, and various Web tools. - In addition to the enclosed strategies, the Commission will continue to review and discuss the technical advisory reports from both the parallel runways as well as Runway 17/35. By reviewing these reports, and particularly with regard to the new runway, the Commission will be able to determine what areas of the community are most impacted by overflights, and thus compare the actual flight data to the modeled flight track data that the MAC had communicated to residents in advance of the opening of the new runway. - The Commission will also continue to review the monthly Eagan/Mendota Heights Corridor reports to ensure that operations are staying within the Corridor boundaries. - The Council is asked to consider the enclosed Communication strategies and direct staff to make any additions or changes, as needed. ATTACHMENTS: - Enclosed on page ~ is a summary entitled, "Communications Plans Following the Opening of Runway 17/35" //-3 Communications Plans Following the Opening of Runway 17135 The Eagan Airport Relations Commission recommends the following communications initiatives for the first twelve months following the opening of Runway 17/35 at MSP Airport. • New Runway/Airport Display at the Eagan Community Services Showcase Scp, 22, 2005 • New Runway Opens • Post on City Web site Q&A on new runway and who to contact with questions (City and MAC) Oct. 27, 200_ • Provide link on City Web site to file electronic noise complaint with the MAC (completed) • Cable story on new runway, who to contact for more information, and how to file a noise complaint • Experience Eagan Newsletter hits homes-Article inviting residents to Nov. 10 MAC Public Input Meeting. The article will emphasize that the meeting will be first opportunity to ask questions and share opinions about the new runway or any other airport noise concerns. Oct. 2~-29, 200" The article will also inform residents who to contact with questions, and give options on how to file a noise complaint with the MAC (Note: the City encourages residents to take the time to file noise complaints since the City tracks the locations of the complaints) • MAC holds quarterly public input meeting at Eagan Community Center, 7-8:30 p.m. • Invitations will be sent to all residents that are on the MAC's MSP Noise News mailing list (all of the residents who attended the neighborhood open houses had the opportunity to sign T ~ 1\ov. 10, ..005 up to be on the MSP Noise News mailing list) • Information will be available to residents re: home mitigation techniques (from recommendations on white noise, ceiling fans, and window treatments to new windows and insulation) • Inside Eagan Cable story on new runway-e.g. panel to include MAC rep, City staff, Councilmember or Airport Relations Commission member Nov-Dec. 200 • Link on City Web site to MAC's monthly 17/35 Arrival and Departure Technical Advisory Reports • City-sponsored open house at Community Center with presentation by the MAC staff (MAC staff has agreed to continue its partnership with the City to conduct open houses following .Tan. 2006 the runway's opening) • MAC staff will be able to present 60 days of Runway 17/35 flight data (first opportunity to determine if modeled data is matching with actual flight data) • City-sponsored open house at Community Center with MAC staff • Spring flight patterns will have begun, and thus it is likely that residents will have begun to ~la~~ 200( be impacted by more frequent departure operations • ARC considers recommendation on whether to proceed with Phase II of the Noise Study June 200 ' City Council makes determination whether to proceed with Phase II of the Noise Study AugusUSeptembe • City Open House (if necessary to present the results of the Phase II Noise Study) 2006 //~ AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER SEPTEMBER 20, 2005 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE NIINUTES D. OLD BUSINESS E. NEW BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT -Resolution to Approve a Purchase Agreement for the MEI Business Solutions (Yarbrough) Property, 4040 Cedar Grove Parkway 2. NORTIIEAST EAGAN REDEVELOPMENT DISTRICT -Schedule Public Hearing to Consider a Development Agreement with McGough Companies and the Public Purpose of the Acquisition and Assembly of Property located on Blue Gentian Road and Blue Gentian Circle F. OTHER BUSINESS G. ADJOURNMENT his Agenda Information Memo Eagan Economic Development Authority Meeting September 20, 2005 NOTICE OF CONCURRENT ACTIONS 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 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 1ViINUTES ACTION TO BE CONSIDERED: To approve the minutes of the September 6, 2005 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the September 6, 2005 EDA meeting on pages I/ ~- /~ 0 . //6 MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota September 6, 2005 A meeting of the Eagan Economic Development Authority was held on Tuesday, September 7, 2005 at the Eagan Municipal Center. Present were President Geagan, Commissioner Fields, Commissioner Carlson, Commissioner Tilley, and Commissioner Maguire. Also present were Executive Director Hedges, Community Development Director Hohenstein, City Planner Ridley, Director of Public Works Colbert, and City Attorney Dougherty. ADOPT AGENDA Commissioner Maguire moved, Commissioner Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay:O APPROVE MINUTES Commissioner Maguire moved, Commissioner Tilley seconded a motion to adopt a resolution approving the minutes of the August 16, 2005 EDA meeting as presented. Aye: S Nay:O NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT DIRECTION REGARDING CORE AREA MASTER DEVELOPER DEVELOPMENT AGREEMENT -SCRAPER RICHARDSON Community Development Director Hohenstein recommended this item be continued to permit staff and the developer to meet to hear additional proposals to attempt to finalize the agreement. Commissioner Maguire moved, Commissioner Tilley seconded a motion to continue consideration of the Core Area Master Developer Development Agreement with Schafer Richardson to the September 20, 2005 EDA meeting. Aye: 5 Nay: 0 NEW BUSINESS NORTHEAST EAGAN REDEVELOPMENT DISTRICT SCHEDULE PUBLIC HEARING TO CONSIDER A DEVELOPMENT AGREEMENT WITH MCGOUGH COMPANIES AND THE PUBLIC PURPOSE OF THE ACQUISITION AND ASSEMBLY OF PROPERTY LOCATED ON BLUE GENTIAN ROAD AND BLUE GENTL~N CIRCLE /i7 Community Development Director Hohenstein recommended this item be continued to permit the developer to finalize their review of the execution copies. Commissioner Maguire moved, Commissioner Tilley seconded a motion to continue consideration of a Development Agreement with McGough Companies and the Public Purpose of the Acquisition and Assembly of Property located on Blue Gentian road and Blue Gentian Circle. Aye: 5 Nay: 0 SOUTHEAST EAGAN REDEVELOPMENT DISTRICT APPROVE CONSULTANT SERVICES AGREEMENT FOR ANALYSIS OF POTENTIAL REDEVELOPMENT DISTRICT - LHB CORPORATION Community Development Director Hohenstein discussed the proposed Consultant Services Agreement with LHB Corporation. Commissioner Cazlson moved, Commissioner Tilley seconded a motion to approve a Consultant Services Agreement for Analysis of Potential Redevelopment District with LHB Corporation in a form acceptable to the City Attorney. Aye: 5 Nay: 0 OTHER BUSINESS There was no other business. ADJOURNMENT Commissioner Fields moved, Commissioner Tilley seconded a motion to adjourn the meeting at 8:20 p.m. Aye: 5 Nay: 0 Date Tom Hedges /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, NIlJ 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 regazd to public assistance. /is Agenda Memo Eagan Economic Development Authority Meeting September 20, 2005 1. CEDAR GROVE REDEVELOPMENT DISTRICT -RESOLUTION TO APPROVE A PURCHASE AGREEMENT FOR THE MEI BUSINESS SOLUTIONS (YARBROUGH) PROPERTY, 4040 CEDAR GROVE PARKWAY ACTION TO BE CONSIDERED: To adopt a resolution to approve a purchase agreement, lease agreement and related documents for the MEI Business Solutions (Yarbrough) Property, 4040 Cedar Grove Parkway. FACTS: • The City has taken steps to bring about the redevelopment of the Cedaz Grove Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the execution of development agreements that aze resulting in the construction of new private development consistent with the City's plans. At the present time, the City is working with Lennaz Homes developer of the Nicols Ridge Development to facilitate the next phases of the redevelopment. • While most property acquisitions in the past have been in anticipation of a specific redevelopment plan for a portion of the azea, the City has also considered the voluntary acquisition of properties in which there is a willing seller. • The City was approached by Wade and Debbie Yarbrough, owners of the former MEI Business Solutions building at 4040 Cedar Grove Parkway. At its meeting of July 5, 2005, the EDA and City Council authorized staff to enter into negotiations for the purchase of the property. • Staff and the Yazbroughs have agreed to a sale of the property to the EDA for $500,000. The purchase agreement and related documents are in order for consideration at this time. The Yarbroughs and one or more of their existing tenants intend to lease the property back from the City for up to one year. ATTACHMENTS: • City Attorney's memo on page /~a • Area map on page ~a, • Resolutions on pages - /~9 SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. SlI1TE 600 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124-7580 (952) 432-3136 TELEFAX NUMBER (952) 432-3780 E-MAIL bauereQseversonsheldon.com TO: Jon Hohenstein, Community Development Director FROM: Robert B. Bauer, City Attorney DATE: September 13, 2005 RE: Redevelopment - U.S. Homes (Yarbrough) Our File No. 206-23507 Jon, Enclosed please find four original Purchase Agreements for the Yarbrough property. I have also enclosed four originals of the Waiver of Relocation Benefits/Indemnification Agreement and Lease. Please place this item for consideration and approval by the EDA at its next meeting. Under the Agreement, the EDA is acquiring the property for $500,000.00 and it will also be responsible for relocation benefits to the four tenants at the facility. We intend to have the Building Inspector from the City inspect the Yarbrough property prior to the September 20, 2005, meeting. As you know, this properly is subject to redevelopment with the U.S. Homes proposal. We are tentatively working on an amendment to the Development Agreement whereby U.S. Homes would acquire the City owned property at the same price which the City paidfor the property, plus a 3% per annum increase for holding costs. Should you have any questions concerning the above, please feel free to give me a call. /ao Cedar Grove Redevelopment Area Yarbrough Parcel Location /a~ 0 325 650 1,300 city of eagon Feet CITY OF EAGAN RESOLUTION TO APPROVE A PURCHASE AGREEMENT, LEASE AGREEMENT AND RELATED DOCUMENTS FOR THE MEI BUSINESS SOLUTIONS (YARBROUGH) PROPERTY, 4040 CEDAR GROVE PARKWAY BE IT RESOLVED by the Eagan City Council to approve a purchase agreement, lease agreement and related documents for the MEI Business Solutions (Yarbrough) Property, 4040 Cedar Grove Parkway for redevelopment purposes. Motion by: 1 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 20~' day of September, 2005. Maria Petersen, City Clerk i as EAGAN ECONOMIC DEVELOPMENT AUTIIORITY RESOLUTION TO APPROVE A PURCHASE AGREEMENT, LEASE AGREEMENT AND RELATED DOCUMENTS FOR THE MEI BUSINESS SOLUTIONS (YARBROUGH) PROPERTY, 4040 CEDAR GROVE PARKWAY BE IT RESOLVED by the Boazd of Commissioners of the Eagan Economic Development Authority to approve a purchase agreement, lease agreement and related documents for the MEI Business Solutions (Yarbrough) Property, 4040 Cedar Grrove Parkway 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 20`~ day of September, 2005. Jon Hohenstein, Secretary/Deputy Executive Director /~ Agenda Memo Eagan Economic Development Authority Meeting September 20, 2005 2. NORTHEAST EAGAN REDEVELOPMENT DISTRICT -SCHEDULE PUBLIC HEARING TO CONSIDER A DEVELOPMENT AGREEMENT WITH MCGOUGH COMPANIES AND THE PUBLIC PURPOSE OF THE ACQUISITION AND ASSEMBLY OF PROPERTY LOCATED ON BLUE GENTIAN ROAD AND BLUE GENTIAN CIRCLE ACTION TO BE CONSIDERED: To receive the Development Agreement and schedule Public Hearing on November 1, 2005 to consider the proposed request for the use of eminent domain and approval of the Development Agreement with McGough Companies for property located in the Northeast Eagan Redevelopment District on Blue Gentian Road and Blue Gentian Circle. FACTS: • The City has taken steps to bring about the redevelopment of the Northeast Eagan Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the initiation of redevelopment activity in a portion of the district consistent with the City's plans for the area. • The City has been in discussion with the McGough Companies regarding the redevelopment of the portion of the district lying between Blue Gentian Road and the I-494/I-35E interchange for the possible construction of a multi-story class A office building. Staff and the developer have negotiated a draft development agreement to be considered by the EDA and City Council. • McGough has begun to acquire and assemble properties in the redevelopment area.. Several properties have yet to be acquired that are expected to be necessary for the successful redevelopment of the overall site. • The development agreement covers issues including the level of TIF assistance that may be provided to the developer and the potential for the developer to request that the City use eminent domain to acquire the remaining parcels upon presentation of evidence of good faith efforts to do so. ATTACHMENTS: • Redevelopment District map on page eZ • City Attorney's memo regarding public hearing process on pages ~6'" ~a~ • Resolutions on pages tag roZ9 • Development Agreement available on request. ~a y v ~6 Y+ w d ~ ~ O ~ ~ N d 0 ~ ~ w E` w d 0 a ~+ tt C a ~a C~ i ~ ,M ~~ 0 cO~ Q c m m m c w m ~ m c ~ 3 m m o ~ N ~ m a m ~ ~ `m c t ~ v ~ F= « U O ~ ~ io 0 ~ m ~ a m 3 ~ ~0~01 < j,.~( ~ ~~•'! f ' r ~~ is rY~.._.... ~ '9. ,:. --~ ~.. ~ ~ ~~ ~~ 5 } S M O O N Z L 0 O O a ~ N G g ~~{ ^` ~I / / dy _ / / ~ /~~ '`A J - - d - / ~~ r .,'' _ ~ - - ~ ~ ~ ~ ~ //"~ ~ \• a \ ~ ~ r. ~~ ,. g ' \ ~ ~} L,-j' ~~ r /,J:~ `' ~ i.. ', ~.'\ /as 0 SEVERSON, SHELDON, DOUGHERTY 8z MOLENDA, P.A. SUITE 600 7300 WEST 147TH STREET APPLE VALLEY, NffNNESOTA 55124-7580 (951) 432-3136 TELEFAX NUMBER (952) 432-3780 E-MAII, bauerr(a3seversonsheldoarnm TO: Jon Hohenstein, Community Development Director CC: Gene VanOverbeke, Director of Administrative Services Tom Hedges, City Administrator FROM: Robert B. Bauer, City Attorney DATE: August 3, 2005 RE: McGough Development Agreement Our File No. 206-23506 Jon, The following is a step-by-step process that we would suggest be followed when considering the McGough Development Agreement: • Final provisions of the Development Agreement are negotiated and McGough delivers signed copies of the Agreement for consideration by the City/EDA. • McGough should simultaneously provide the City/EDA with documentation of its good faith efforts to acquire the Other Parcels (as defined in the Development Agreement). • The agenda item for the City/EDA is to receive the Development Agreement as drafted by the City Attorney and schedule a public hearing to consider the proposed request for the use of eminent domain and approval of the developer's agreement. • The notice must be published in the City's legal newspaper at least once and not less than ten days nor more than 30 days prior to the date of the hearing. The notice must reasonably describe the property to be acquired and state that the /~ Jon Hohenstein, Community Development Director August 3, 2005 Page 2 purpose of the hearing is to consider acquisition by exercise of the EDA's power of eminent domain. • Not less than 10 days before the hearing, notice of the hearing must also be mailed to each owner of each parcel proposed to be acquired. • At the public hearing, the EDA would open the public hearing and receive public testimony. It would close the public hearing and the action, if approved, would be to direct staff to prepare the necessary findings to authorize the use of eminent domain. • At the next meeting, the EDA would adopt the resolution that would include appropriate findings of fact documenting the developer's good faith efforts to acquire the property and the necessity for use of eminent domain to acquire the "Other Parcels" for redevelopment. • Subsequent to the action approving the use of eminent domain (at the same meeting) the Council would then approve the Development Agreement with McGough. Our office would work with the City Staff to provide the assistance in the publication as well as provide the mailed notice to the affected property owners. Should you have any questions concerning the above, please feel free to give me a call. /~ 7 EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION TO SCHEDULE PUBLIC HEARING TO CONSIDER A DEVELOPMENT AGREEMENT WITH MCGOUGH COMPANIES AND THE PUBLIC PURPOSE OF THE ACQUISITION AND ASSEMBLY OF PROPERTY LOCATED IN THE NORTHEAST EAGAN REDEVELOPMENT DISTRICT ON BLUE GENTIAN ROAD AND BLUE GENTIAN CIRCLE BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority receive the Development Agreement and schedule Public Hearing on November 1, 2005 to consider the proposed request for the use of eminent domain and approval of the Development Agreement with McGough Companies for property located in the Northeast Eagan Redevelopment District on Blue Gentian Road and Blue Gentian Circle. 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 20~' day of September, 2005. Jon Hohenstein, Secretary/Deputy Executive Director ia~ CITY OF EAGAN RESOLUTION TO SCHEDULE PUBLIC HEARING TO CONSIDER A DEVELOPMENT AGREEMENT WITH MCGOUGH COMPANIES AND THE PUBLIC PURPOSE OF THE ACQUISITION AND ASSEMBLY OF PROPERTY LOCATED IN THE NORTHEAST EAGAN REDEVELOPMENT DISTRICT ON BLUE GENTIAN ROAD AND BLUE GENTIAN CIRCLE BE IT RESOLVED by the Eagan City Council to receive the Development Agreement and schedule Public Hearing on November 1, 2005 to consider the proposed request for the use of eminent domain and approval of the Development Agreement with McGough Companies for property located in the Northeast Eagan Redevelopment District on Blue Gentian Road and Blue Gentian Circle. 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 regulaz meeting thereof assembled this 20~' day of September, 2005. Maria Petersen, City Clerk iag Agenda Information Memo Eagan Economic Development Authority Meeting September 20, 2005 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. 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