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03/21/2006 - City Council Regular AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING March 21, 2006 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE (Fire Department Color Guard II. ADOPT AGENDA (At approximately 8: 00 p.m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS A. Oath of Office -Fire Chief - - - _ - - (2 3 B. Presentation Regarding Hurricane Katrina Relief Efforts IV. CONSENT AGENDA A. APPROVE MINUTES Itf B. PERSONNEL ITEMS SC. APPROVE CHECK REGISTERS APPROVE Temporary On-Sale Liquor License for the Eagan Foundation and waive fee DESIGNATE Anchor Bank as a depository for City funds. 2F. APPROVE Certificate of Release of Land from Waiver of Objection to Special Assessments '21G . APPROVE Fire ACT Grant to cover cost of new radio equipment for the 800 MHz radio system 3H. APPROVE Qwest Contract renewal for 9-1-1 PSAP equipment and maintenance d 1. CONTINUE Consideration of the Final Plat and Vacation of Easement- Halley's 2n Addition -A Final Plat to combine two lots (Lots 4 & 5, Block 1, Halley's Addition) into one lot located at 4861 Biscayne Avenue in the SE 1/4 of Section 36 Y 3:1 J. APPROVE Final Plat and Final Planned Development - Diffley Marketplace - Diffley Ventures - A Final Plat of 10.64 acres and a Final Planned Development to allow a commercial retail development including a grocery store, two multi-tenant retail buildings located on Outlot A, Lexington Pointe Thirteenth Addition and Outlot A, Lexington Pointe Seventh Addition in the NW of Section 26 K. Item removed L. APPROVE Tobacco License for Adele Dhanani - 4206 Nicols Road M. ACCEPT a donation from the Eagan Senior Board for Eagan Parks and Recreation programs / N. APPROVE changes to the 2006 fees and charges pertaining to Parks and, Recreation ~v O. ACCEPT grant funding from LCTS (Local Collaborative Time Study - Family Services Collaborative with Independent School District 196) n ct/ P. APPROVE Resolution of Support for State Aid Designation Revisions of Municipal Street Segments / Q. ACCEPT public improvements I authorize perpetual maintenance, City Project No. 05-D, Cedar Bluffs Business Center ~ 0/11 APPROVE agreement with Dakota County for the preliminary engineering analysis of Project 719, Diffley Road and Rahn Road intersection 4t57S. APPROVE plans and specifications and authorize advertisement for bids for Contract 05-08, Lone Oak Drive and Lone Oak Parkway- sidewalk improvements t16 T. RECEIVE recommendation of Public Works Committee - Jandewerth claim for damages $47 U. APPROVE Easement Agreement for Project 918, Pilot Knob Road & Lone Oak Road-Street Improvements AUTHORIZE Formation of a Business Window Signage Task Force and postpone enforcement of Window Sign 7 Provisions pending the Task Force Report V. PUBLIC HEARINGS P 6~ A. VARIANCE - Roger and Marcia Johnson - A Variance to exceed the 20% maximum building coverage requirement by 1% to construct a 24' x 28' addition located at 1781 Gold Trail in the NE'/. of Section 20 6113. PROJECT 874, Final Assessment Hearing, TH 55 Frontage Road and Utility Extension Improvements VI. OLD BUSINESS ig ? ?A. CLARIFICATION of Restrictions and Covenants for Hawthorne Ridge - Excel Development - Brenda Szoka VII. NEW BUSINESS /f g 1 A. PRELIMINARY SUBDIVISION - Gopher Commons - Gopher Resources - a preliminary subdivision of approximately 21 acres to create 3 lots and I outlot located at the SW %4 of Yankee Doodle and State Highway 149 in the NW'/. of Section 13. tl 8'~ B. REQUEST FOR "NO-PARKING" designation on Borchert Lane and authorize resolution and installation of signage. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY p 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 to conjunction with its actions as a Council. - - A. CALL TO ORDER B. ADOPT AGENDA 6SC. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Public Hearing to consider the use of Eminent Domain to acquire the Cedarvale Mall at the request of its owner, Cedar Grove Properties, as outlined in the Cedar Grove Redevelopment TIF Development Agreement between the City and Schafer Richardson F. OTHER BUSINESS X. ADMINISTRATIVE AGENDA XI. VISITORS TO 119 HEARD (for those persons not on agenda) XII. CLOSED SESSION XIII. 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. Alkl~ City of Eapn Me~o To: HONORABLE MAYOR & COUNCILMEMBERS From: CITY ADMINISTRATOR HEDGES Date: MARCH 17, 2006 Subject: AGENDA INFORMATION FOR MARCH 21, 2006 CITY COUNCIL MTG ADOPT AGENDA After approval is given to the March 21, 2006 City Council agenda, the following items are in order for consideration. Agenda Information Memo March 21, 2006 Eagan City Council Meeting RECOGNITIONS & PRESENTATIONS A. OATH OF OFFICE ACTION TO BE CONSIDERED: To administer the Oath of Office to the City of Eagan's full-time Fire Chief. FACTS: • The Oath of Office will be administered to Michael Scott, the City's new full-time Fire Chief. Recognitions & Presentations March 21, 2006 Regular Eagan City Council Meeting B. PRESENTATION REGARDING EAGAN HURRICANE KATRINA RELIEF EFFORTS FACTS: In early September, 2005, following the devastation to the Gulf Coast caused by Hurricane Katrina, Mayor Geagan formed the Eagan Hurricane Katrina Relief Task Force to see what our community could do to assist. ➢ The City was looking to focus its efforts on a particular community or need and learned that a parent of a student at Eagan High School had a special connection with the Principal of Pass Christian (Mississippi) High School. On September 9, 2005, the task force made contact with the Mississippi principal and learned that 3 out of their 4 public schools were destroyed, and in a series of conversations thereafter learned what their most urgent needs were. Eagan High officials and the City agreed to join forces and along with members of the business community, and civic organizations, the task force raised more than $70,000 in contributed goods and services over 5 months to fulfill some targeted relief needs for the schools there, specifically audio visual equipment for their classrooms and bottled water for students. On February 10, 2006 a relief shipment of two semi-trailer trucks departed for the Gulf Coast, along with two RV's full of Eagan volunteers to make the 1,240 mile trip to Pass Christian. The volunteers included City Communications Director Tom Garrison and Emergency Services Coordinator Ken Southorn. ➢ They have a brief presentation of what they experienced. ATTACHMENTS: ➢ Pass Christian Fact Sheet on page 3 Community Fact Sheet /f r t l r Fes, t o f It -A' ~ 4 S ~ I `t I. !y t 1i'.r f t v t l l + ` /mares ^+1 fjrkL' f ~1 et I l Y r-J i1n 8D 06~.. y'H f I 4 J. R•'n 4~ k rLsr sr, ~i' ~t ~ ~FIOIY}411e I - 90S 1 1 ~ :,,tom .t v 1 ' 1 1 1 / 1 Pass Christian, Mississinni Location: 60 miles east of New Orleans Population (2004): 6,758 , • , • , , Land Area: 8.4 sq. mi. Sea Level: 10 feet above = Median Resident Age: 41.0 years 1 1 1 1 Median Household Income (2000): $40,743 Median House Value (Before): $99,500 While 70% of population still there, fewer than 10% of original postal addresses remain List of Relief Items Purchased: 23 AudioNisual Carts including: Viewsonic LCD Projector More than 1,500 cases of bottled water Speaker Kit 1 birch tree Audio cables and adaptors 1 forsythia tree Sylvania DVD/VHS Combo Deck Burgers and Brats for a picnic of 60 Luxor AN Cart Screens - teachers and staff Document Imaging Cameras School is currently conducted in 23 modular classrooms. A complete Audio/Visual cart was provided to each of these classrooms following nearly $72,000 in donated goods and services from the Eagan community, schools, and businesses. Agenda Information Memo March 21, 2006 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the March 6, 2006 regular City Council meeting and the February 13, 2006 special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the March 6, 2006 regular City Council meeting are enclosed on pages 6 through • Minutes of gee February 13, 2006 special City Council meeting are enclosed on pages throu MINUTES OF A REGULAR MEETING OF THE DRAFT EAGAN CITY COUNCIL Eagan, Minnesota March 6, 2006 A regular meeting of the Eagan City Council was held on March 6, 2006 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Fields, Tilley, Maguire and Carlson. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Maguire moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye:5 Nay:0 CONSENT AGENDA Councilmember Maguire commented on item D regarding Fire Department Relief Association Bylaws. At the request of Councilmember Maguire, Park and Recreation Director Johnson discussed item I regarding fees and policies, and item N regarding concessions operations. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the consent agenda. Aye:5 Nay:0 A. Minutes. It was recommended to approve the minutes of the February 21, 2006 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Connie Edwards as a full-time Clerical Tech III in the Community Development Department. 2. It was recommended to approve the hiring of Janet Bolger as a full-time Clerical Tech II in Administrative Services. C. Check Registers. It was recommended to ratify the check registers dated February 23, 2006 and March 2, 2006 as presented. D. Firefighters Relief Association Bylaws. It was recommended to approve the Eagan Firefighters Relief Association Bylaws Subject to City Administrator and City Attorney Satisfaction. E. Tree Contractor License. It was recommended to approve a Tree Contractor License for Aspenwall Tree Service. F. Premise Permit. It was recommended to adopt a Resolution approving a Premise Permit Renewal for the Knights of Columbus Council 7604 to conduct pulltab operations at Coopers Restaurant, 4185 S. Robert Trail, and Starks Saloon, 3125 Dodd Road. G. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easement within Lots 1 and 2, Block 1 Oakview Center Addition and schedule a public hearing to be held on April 4, 2006. H. Proiect 918. It was recommended to approve an Agreement with Dakota County for Engineering, Construction, Right-of-Way Acquisition and Traffic Control Signals for Project 918 (Pilot Knob Road and Lone Oak Road - Street and Traffic Signal Improvements) and authorize the Mayor and Deputy City Clerk to execute all related documents. 1. Parks & Recreation Fees and Charges Policy. It was recommended to approve the Parks and Recreation Fees and Charges Policy. J. Parks & Recreation Public Art and Memorials Policy. It was recommended to approve the Parks and Recreation Public Art and Memorials Policy. K. Annual Maintenance - ECC. It was recommended to approve the annual maintenance shutdown for the Eagan community Center from August 27 through September 4, 2006. L. Revised Park Classification System. It was recommended to adopt a revised classification system for City parks. 6 Eagan City Council Meeting Minutes L)R March 6, 2006 Page 2 M. DNR Outdoor Recreation Grant. It was recommended to approve a resolution of support and authorize the submission of a DNR Outdoor Recreation Grant Application for improvements to Thresher Fields Park, and the Mayor and City Clerk to sign the required application materials. N. RFP - Concession Products. It was recommended to authorize the advertisement for request for proposals for concession products to be sold in the various concessions operations operated by Eagan Parks and Recreation. 0. Liquor License and Tobacco License. It was recommended to approve an Off-Sale Liquor License and a Tobacco License for K & J Liquors, LLC, 4182 Pilot Knob Road. PUBLIC HEARINGS CLIFF LAKE CENTRE 3RD ADDITION EASEMENT VACATION (LOT 2, BLOCK 1) & FINAL PLANNED DEVELOPMENT (1965 Cliff Lake Road) City Administrator Hedges introduced this item regarding the vacation of a portion of a public drainage and utility easement and a Final Planned Development to construct a 14,375 square foot multi-tenant retail building located 1965 Cliff Lake Road. Public Works Director Colbert discussed the easement vacation. Mayor Geagan opened the public hearing. There being no public comment he closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the vacation of a portion of a public drainage and utility easement within Lot 2, Block 1, Cliff Lake Centre 3`d Addition and authorize the Mayor and Deputy City Clerk to execute all related documents. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Final Planned Development to construct a 14,375 square foot multi-tenant retail building located at 1965 Cliff Lake Road in the SW 1/4 of Section 29. Aye: 5 Nay: 0 OLD BUSINESS PROJECT 937, LONE OAK PARKWAY TRAIL IMPROVEMENTS City Administrator Hedges introduced this item regarding trail improvements for. Lone Oak Parkway. Public Works Director Colbert provided background information. Councilmember Fields moved, Councihnember Tilley seconded a motion to reconsider and approve Project 937 (Lone Oak Parkway Trail Improvements). Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to authorize the preparation of detailed plans and specifications for Project 937. Aye: 5 Nay: 0 NEW BUSINESS PRELIMINARY SUBDIVISION (GUSTAFSON ADDITION) RICK GUSTAFSON City Administrator Hedges introduced this item regarding a preliminary subdivision of 2.38 acres to create two single family lots; a variance for the existing garage setback of 16 feet; and a variance to allow existing detached accessory structures exceeding 800 square feet in area for property located at 543 Red Pine Lane. City Planner Ridley gave a staff report. Rick Gustafson, applicant discussed their objection to the establishment of a 30-foot conservation easement around the adjacent pond as recommended by the Advisory Parks and Recreation Commission. Two neighboring property owners encouraged the Council to require the conservation easement around the pond. 7 Eagan City Council Meeting Minutes March 6, 2006 +V ~ r Page 3 Council discussed modifications to the proposed conservations easement such as tree maintenance and allowing existing uses (fire pit) to continue. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Esmeralda Addition) of 2.38 acres to create two single family lots located at 543 Red Pine Lane in the NE'/. of Section 36; subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, 4, C1, D1, E1. 2. The property shall be platted. 3. Both lots are subject to a maximum of 25% impervious surface. 4. The shed located on Lot 1 shall be moved to Lot 2 prior to building permit being issued for Lot 1. 5. The existing house on Lot 2 and the future home on Lot 1, shall be connected to the City sanitary sewer and water systems in conjunction with this development. 6. All existing septic and well systems shall be abandoned according to Dakota County rules and regulations. 7. The developer shall construct a manhole on the sanitary sewer stub and a hydrant on the water main stub from Red Pine Lane, in accordance with City engineering standards. 8. A cash dedication in lieu of on-site water quality ponding should be required for this development. 9. An individual tree preservation plan shall be submitted at time of building permit for Lot 1. 10. A conservation easement shall be provided over the 30-foot buffer area around the pond, in a form acceptable to the City Attorney. 11. Maintenance within the conservation easement can continue by the applicant along with use of a firepit in its current state. Councihmember Carlson moved, Councilmember Fields seconded a motion to approve a Variance for the existing garage setback of 16' from the public right-of-way for property at 543 Red Pine Lane in the NE '/4 of Section 36, subject to the following conditions: Aye: 5 Nay: 0 1. The variance only applies to the existing 1, 120 square foot garage. 2. If the garage is destroyed by over fifty (50%) percent in value, any replacement or reconstruction of the garage shall be made in compliance with zoning setbacks and other ordinances in effect at the time of replacement or reconstruction. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve to allow existing detached accessory structures exceeding 800 sq. ft. in area for property at 543 Red Pine Lane in the NE of Section 36, subject to the following condition: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. ORDINANCE AMENDMENT - CITY CODE CHAPTER 10.12 PERTAINING TO THE LICENSING FOR KEEPING CARRIER PIGEONS WITHIN THE CITY City Administrator Hedges introduced this item regarding an ordinance amendment pertaining to the licensing for keeping carrier pigeons. It was noted that several a-mails had been received asking the Council to reconsider the ordinance amendment. Eric Drenckhahn, 2811 Pilot Knob Road, discussed the proper keeping of racing pigeons and requested that Council reconsider the proposed ordinance amendment. It was the consensus of Council to further discuss this issue at a work session. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of an ordinance amendment of City Code Chapter 10.12 pertaining to licensing for keeping carrier pigeons within the City. 9 Eagan City Council Meeting Minutes March 6, 2006 Page 4 RA / _ T Aye:5 Nay:0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE Public Works Director provided an update on Dakota County Plat Commission consideration of granting a variance to the County's access spacing guidelines to allow a 3/. access median break at the main entrance to the proposed Diffley Market Place development east of Lexington Avenue and south of Diffley Road. The regular City Council meeting was recessed at 7:40 p.m. and a meeting of the Economic Development Authority was immediately convened. The Economic Development Authority recessed at 7:50 and an Executive Session of the City Council was immediately convened. The regular City Council meeting was reconvened at 8:15 p.m. ADMINISTRATIVE AGENDA There were no items. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 8:45 p.m. Aye: 5 Nay: 0 Date Administrative Secretary / Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. MINUTES SPECIAL CITY COUNCIL MEETING FEBRUARY 13, 2006 5:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Councilmembers present: Acting Mayor Carlson, and City Councilmembers Fields, Maguire, and Tilley. Mayor Geagan was not present. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Public Works Director Colbert, Director of Community Development Hohenstein, City Engineer Matthys, Transportation Engineer Plath, City Planner Ridley, Assistant City Engineer Gorder, and Administrative Intern Walz. I. ROLL CALL AND AGENDA ADOPTION A request was made to add a discussion under Other Business regarding the Fire Chief Interview process, proposed eminent domain legislation, Highway 3 improvements, NE Eagan land use, and transit funding. It was also noted that per Council direction, Visitors to be Heard will now take place after Other Business. Councilmember Tilley moved; Councilmember Maguire seconded a motion to approve the agenda as amended. Aye: 4, Nay: 0 II. DAKOTA COUNTY CDA HOUSING STUDY City Administrator Hedges introduced the item noting that the City has historically used the CDA, and its predecessor, the Dakota County HRA, as an agency partner to address a variety of housing needs, especially in the affordable housing and senior housing areas. Hedges also noted that as part of the City Council's goal setting for 2005-2006, the Council asked for the development if information concerning the City of Eagan's anticipated housing needs for use in the next Comprehensive Guide Plan Update. Community Development Director Hohenstein introduced Mark Ulfers, CDA Executive Director, who thanked the Council for the opportunity to present the results of the housing study. Mr. Ulfers introduced Jay Thompson of Maxfield Research and Dan Rogness of the CDA. Mr. Thompson provided the City Council with a presentation summarizing the housing study. February 13, 2006 Special City Council Minutes Page 2 The City Council discussed the results of the study with Mr. Ulfers and City staff. The City Council suggested that the housing study presentation also be provided to the Advisory Planning Commission. The Council briefly discussed the proposed legislation regarding eminent domain. Mr. Ulfers commented that eminent domain is a critical redevelopment tool. The Council thanked the CDA for their work on the study, and noted that its findings will be used in preparing the upcoming Comprehensive Guide Plan Update. III. PROPOSED DIFFLEY/RAHN INTERSECTION IMPROVEMENTS City Administrator Hedges introduced the item noting that several design options for the intersection of Rahn and Diffley would be presented. He noted that the purpose of the presentation is to keep the City Council informed of design options before the public hearing process begins. City Engineer Matthys introduced Tom Sohrweide of SEH and noted that Kristy Sebastian, Traffic Engineer for Dakota County, was in the audience and available for questions. Mr. Sohrweide of SEH reviewed the project need, stakeholder meeting concerns and intersection improvement alternatives, including advantages and disadvantages of each alternative. He also outlined the preferred selection criteria for the selected alternative. Mr. Sohrweide stated that the preferred option is a multi-lane roundabout. Mr. Sohrweide reviewed the roundabout operation and projected project schedule. The Council discussed frontage road access, project cost, and future opportunities for Council input. No official action was required. IV. REVIEW GENERAL FUND BALANCE OPTIONS City Administrator Hedges noted that at the December 12, 2005 City Council meeting, the Council requested that staff review debt service and capital needs for possible uses of the fund balance. The Council discussed the use of the General Fund fund balance to fund future post-retirement health insurance. Administrative Services Director VanOverbeke reviewed the policy parameters. He also provided an overview of the future post-retirement health insurance liability and new reporting requirements. He noted that using the General Fund fund balance in this capacity is an opportunity to eliminate a liability that would otherwise need to be levied in taxes. He added that in addition to prepayment, the cost will likely need to be funded annually. He noted that in the future an actuary will need to be hired to better define annual post-retirement health insurance costs. February 13, 2006 Special City Council Minutes Page 3 The Council discussed the liquidity and interest-earning potential of this reserve fund. The Council directed that the General Fund fund balance policy and authorization to transfer $1,575,000 to the Benefit Accrual Fund to provide funding toward the City's Post Retirement Health Insurance liability be put on the Consent Agenda for the February 21, 2006 Regular City Council meeting. V. FORMATION OF COMPREHENSIVE GUIDE PLAN UPDATE COMMITTEE City Administrator Hedges introduced the Comprehensive Guide Plan update process explaining that this update may differ from previous updates due to a slow in growth. He noted that the Council had voiced concern regarding their participation in the early stages of the update may interfere with the Commissions and staff completing their reviews and recommendations for the various sections of the plan. He recommended that Council direct staff to review the policies and issues and decide which need to be addressed. Council discussed this option and agreed that it isolates the pressing issues, better defines the role and subject matter for the committee and expedites the process. Council also addressed the need for housing and transportation policy to be addressed. It was noted that City Planner Ridley will be leading this effort. VI. OTHER BUSINESS Eminent Domain Legislation City Administrator Hedges provided a brief overview of the eminent domain legislation surfacing in the State legislature. Council discussed the need to express their support of local governments being able to judiciously use eminent domain. City Administrator Hedges noted that the Municipal Legislative Commission is one avenue for the City to voice that support. He also noted that Council testimony may be needed in future hearings. Councilmember Maguire noted that the Association of Metropolitan Municipalities is also addressing the issue. Council requested that a written eminent domain update be provided in the Legislative/Intergovernmcntal section of the Regular City Council Meeting Agenda. Robert Street Transit Study Councilmember Maguire requested the clarification provided to the City Council on the Robert Street Transit Study also be communicated to the community. City Administrator Hedges said he would see to it that the clarification was communicated to the community. /Z February 13, 2006 Special City Council Minutes Page 4 Trunk Hi hwav 3 Councilmember Fields requested that an overview of the approval process and potential impacts on Eagan of the Trunk Highway 3 issue be put on a future Council Workshop Agenda City Administrator Hedges noted that the item would be added to a workshop agenda in March or April. Fire Chief Interviews City Administrator Hedges stated that interviews of the four top candidates for the Fire Chief position will be conducted Wednesday, February 15. These will be screened down to the top three candidates, who will be presented to Council on Tuesday, February 21, at the Council's request. Council requested the Listening Session for February 21 be cancelled to allow time for the interviews and that this change be posted on the City of Eagan web site with the agenda. City Administrator Hedges noted that the Council can deliberate in a special session after the Regular Council meeting on February 21 if needed. This special session would be public. Acting Mayor Carlson moved, Councilmember Tilley seconded a motion to schedule a special workshop for the purpose of discussing the Fire Chief interviews following the Regular City Council meeting on February 21. Yay: 4 Nay: 0 Motor Vehicle Sales Tax Councilmember Tilley provided an update on the motor vehicle sales tax amendment. She distributed a list of those pledging support of the amendment. City Administrator Hedges noted that a resolution in support of the amendment will be placed on the Consent Agenda at the February 21 Regular City Council meeting. VII. VISITORS TO BE HEARD There were no visitors to be heard. VIII. ADJOURNMENT Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the meeting. Yay: 4 Nay: 0 The Special Council Meeting adjourned at 8:04 p.m. 12 Agenda Information Memo March 21, 2006 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Parks Maintenance Worker- ACTION TO BE CONSIDERED: To approve the hiring of Robert Muller as a Parks Maintenance Worker. Agenda Information Memo March 21, 2006 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated March 9, 2006 and March 16, 2006 as presented. ATTACHMENTS: • Check registers dated March 9, 2006 and March 16, 2006 are enclosed without page number. Agenda Memo March 21, 2006 Regular City Council Meeting CONSENT AGENDA: D. Temporary On-Sale Liquor License for Eagan Foundation Wine Tasting and Silent Auction Event on April 20, 2006 and waiver of license fee ACTION TO BE CONSIDERED: To approve a temporary on-sale liquor license for the Eagan Foundation and waive the $150 license fee. FACTS: • The Eagan Foundation has requested a temporary on-sale liquor license be issued to them for a wine tasting event planned for April 20, 2006 at the Eagan Community Center. The charitable event is being held to raise funds for the various projects of the Eagan Foundation. • The application form has been submitted and deemed in order by staff. Following Council approval, the application will be forwarded to the Department of Public Safety/Liquor Control Division for their approval. • The Eagan Foundation has also requested, in writing, that the $150 license fee be waived as has been practice in the past. ATTACHMENTS: • Attached on page is a letter from the Eagan Foundation thanking the Council for its ongoing partnership with the Foundation and requesting the waiver of the license fee. • Attached on page ~ is a copy of the application to be sent to the Minnesota Department of Safety after approval by Council. f6 rw7y- BRINGING NEIGHBORS TOGETHER March 6, 2006 Mayor Patrick Geagan Thomas Hedges, City Administrator Eagan City Council Members City of Eagan 3830 Pilot Knob Road 3830 Pilot Knob Road Eagan, MN 55122 Eagan, MN 55122 Re: Eagan Foundation 5th Annual Wine Tasting and Silent Auction Dear Mayor Geagan, Eagan City Council Members, and Mr. Hedges and City Staff: The Eagan Foundation again wants to thank the City of Eagan for its ongoing partnership with the Foundation in our efforts to make Eagan the best and most involved community in Minnesota (pardon the "Eagan Pride" expression!). Our recent partnership with the City and Eagan High School on the Katrina Disaster Relief project has assisted students, businesses, and other community organizations bring needed equipment and supplies to those in need in Pass Christian. We are now planning our 5"' annual Wine Tasting and Silent Auction to be held on Thursday, April 20, 2006 at the beautiful Eagan Community Center. This event is our primary fundraiser for the year and we expect in excess of 350 attendees at what has come to be a community signature event. We ask today that the Council waive, as it most graciously did in 2005, the fee for the Temporary On- Sale Liquor License for that event. We have enclosed our application for the license, along with supporting paperwork. We will be forwarding more information to Council and staff about the Wine Event as the day draws near, but for now, please save the date - April 20, 2006. Please contact me at 651-454-7838, or Lesley Chester, our Executive Director at 651-686-9396 if you have any questions or concerns. Thank you for your consideration. Sincerely,, Barb Blumer Eagan Foundation Board Member and Treasurer blumer@pclink.com Cc: Lesley Chester The Eagan Foundation Incorporated • P. O. Box 211192 • Eagan, MN 55121 .~T.. Minnesota Department of Public Safety O * = Alcohol and Gambling Enforcement Division a- ;3 444 Cedar St. - Suite 133 St. Paul, MN 55101-5133 y OF (651) 215-6209 TTY (651) 282-6555 APPLICATION AND PERMIT FOR A TEMPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION Dt IE ORGANIZED TAX EXEMPT NUMBER r_a un - ~fi v►~ _ he . Juke t`}~tZ. q1- /'70!309 ST%E ADDRESS =Y STATE ZIP CODE 1 013 Z 11 L4 Z 1--a a Vl Y1_) 1U ISS-12-1 NAM[E OF PERSON MAKING APPLICATION BUSINESS PHONE HOME PHONE t b B I LL m e.r (o S-/ L4 S7-t--7 9 3:9 Cos? ySzc-7 9 3.9 DATES LIQUOR WILL BE SOLD TYPE OF ORGANIZATION LD I 0 L ❑ CLUB CHARITABLE .13 RELIGIOUS ❑ OTHER NONPROFIT O ANIZATION OFFICER'S NAME R ADDRESS Joe- b Lv erg hac (r- l $ 4i-1 lCai TD4$,0d l 2 (2m 0j 1= &c url /ri OR MCER'S NA ADDRESS ( c tvri ~r ME v-ea s Ltrel-- `f 10(0-7 f u rk~t cL 1, t~s e ~'c~ vt M/U ORG4NIZATION OFFICER'S NAME ADDRESS u h e- Uct v i,4 e r cl Sec r e- 6 9(00 O'a..va h ric_ki 2vo-d 1= a n Location where license will be used. If an outdoor area, describe: Fact a✓1 0OYVim u✓i, 4i1 Centr- t r- !5-01 Cr n -k~l cr~t.c~ a YY1 F ct-U a tn Will the applicant contract for intoxicating liquor services? If so, give the name and address of the liquor licensee providing the service. /UJo Will the applicant carry liquor liability ins ance? If so, the carrier's name and amount of coverage. (NOTE: Insurance is not mandatory [ ve - APPROVAL , APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT CITY/COUNTY DATE APPROVED CITY FEE AMOUNT LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED Alcohol & Gambling Enforcement Director Note: Do not separate these two parts, send both parts to the address above and the original signed by this division will be returned as the license. Submit to the City or County at least 30 days before the event. PS-09079 6/02 Agenda Memo March 21, 2006 Eagan City Council Meeting CONSENT-AGENDA: E. Designate Anchor Bank as a depository for City funds. ACTION TO BE CONSIDERED: To designate Anchor Bank as a depository for City funds. FACTS: • In late-2005, the City sent out a banking services RFP to all banks with a branch within Eagan. Four service areas were covered in the RFP: treasury management (basic checking accounts); merchant services (acceptance of credit card payments); purchasing cards; and trust services (safekeeping of investment securities). Currently, US Bank handles all four of these services for the City. • Six banks responded. After analysis of all six banks' fee structures and service capabilities, staff selected three banks-US Bank, Wells Fargo, and Anchor Bank-as finalists for further discussion and interviews. • Representatives from each bank were interviewed in early-March by the team of Director of Administrative Services VanOverbeke, Chief Financial Officer Pepper, and Accountant H Linda Fink. • Staff recommends the City switch to Anchor Bank for treasury management services. Anchor has offered its full checking account services at no cost to the City. Staff is confident Anchor has the ability to meet or exceed the current level of service the City is receiving. • Staff recommends no changes to the merchant services, purchasing cards, or trust services at this time. • A written agreement between the City and Anchor Bank will be drafted and reviewed by the City Attorney. Implementation of the switch is planned for late-spring or early-summer. ATTACHMENTS: • None. Agenda Information Memo March 21, 2006 Eagan City Council Meeting F. APPROVE CERTIFICATE OF RELEASE OF LAND FROM WAIVER OF OBJECTION TO SPECIAL ASSESSMENTS ACTION TO BE CONSIDERED: To approve a Certificate of Release of Land from Waiver of Objection to Special Assessments FACTS: • In 2001, Joe Miller Homes, Inc. agreed to waive any objection to special assessments on Unisys Park 2nd Addition property. The written waiver of objection was filed with the County Recorder. • The property has been transferred and all special assessments covered by the waiver have been paid. • First American Title Insurance Company has requested the release which has been prepared by the City Attorney's Office and is ready for City Council approval and signature execution by the Mayor and Deputy City Clerk. ATTACHMENTS: (None) C20 Agenda Memo March 21, 2006 Regular City Council Meeting CONSENT AGENDA: G. Assistance to Firefighters Grants Program ACTION TO BE CONSIDERED: Authorize application for the Assistance to Firefighters Grant to cover cost of new radio equipment for the 800 MHz radio system Background The Eagan Fire Department (EFD) would like to apply for an Assistance to Firefighters Grant (AFG) to purchase 800 MHz radios. Because Dakota County is switching to the new 800 MHz radio system in 2007, the EFD will be required to migrate along with all other County responder agencies. As a result, all radios will need to be replaced. Under this grant, the EFD would like to apply for portable, mobile, and base radios at a total cost of $344,400. The AFG is awarded through the Federal Emergency Management Agency (FEMA). For 2006, the appropriations package includes $585 million. This is a competitive grant program. In 2005, 21,000 fire departments requested almost $3 billion through this grant process and only $650 million was available. Grant Requirements Applicants who are awarded a grant must satisfy several requirements of the Assistance to Firefighters Grant Program. Grantees are required to: share in the cost of the grant activities through a hard match - match requirement for population served of 50,000 or more is 20% report to an incident reporting system - the EFD already reports through the Minnesota Fire Reporting System maintain expenditures at the average of their department's expenditures in the awarded grant program activity areas from the previous two years - this is required because these funds are meant to be a supplement to existing funds not a replacement of funds in your current budget. Grant Request The Eagan Fire Department would like to apply for a grant to purchase 800 MHz radios. If awarded, these funds will assist with costs the City will be required to expend in 2007 when both Eagan Fire and Police Departments switch to the new radio system. The total cost would be $344,400, broken down as follows: 90 portable radios at a cost of $2,535 each, 7 base radios at a cost of $3,200 each, a/ 25 mobile radios at a cost of $3,450 each, and $7,600 in miscellaneous accessories (spare batteries, chargers, etc.). Total matching funds for all radios would be $68,880. Just before the grant is formally awarded, FEMA will contact the Eagan Fire Department and ask if they are still interested in receiving the grant. If at that time, the Fire Department decides to forgo the grant, the funds would not be awarded and the money would move on to another fire department. ATTACHMENTS: None V Agenda Memo March 21, 2006, Eagan City Council Meeting H. QWEST CONTRACT RENEWAL ACTION TO BE CONSIDERED: Renew contract between Qwest and the City of Eagan for E911 PSAP equipment and maintenance agreement. FACTS: • The City of Eagan leases PSAP equipment and a maintenance agreement from Qwest for the provision of E911 services. • Previous agreements were on an annual basis. • Due to PSAP consolidation considerations, the term has been changed to month- to-month. ATTACHMENTS: • A copy of the agreement is attached as pages cO,.Ur through 2L-. ~_3 Qwest. Spirit of Service Tm E911 REPAIR NUMBER: 800-357-0911 Your Qwest Dedicated E911 Team: Glenna Thulln, Global Account Manager, 612-664-2480 glenna.thulinPgwest.com MIANN BRAND. Account Consultant, 612-664-2453 miann.brand@Dgwest.com FRED OLOFSON, Sales Engineer, 612-664-2473 fred.olofson0awest.com KEITH MAXWELL, MN E911 Service Manager, 612-307-0212 keith.maxwelI ftwest.com CHAD HAINES, E911 Database Manager, 612-307-0248 chad.haines ftwest.com a~ E911 PSAP EQUIPMENT AND MAINTENANCE AGREEMENT Agreement Number: Billing Number: Owest Corporation ("Owest'), a corporation organized under the laws of the state of Colorado, and City of Eagan ("Customer"), a public entity organized under the laws of the State of Minnesota, hereby enter into this E911 PSAP Equipment and Maintenance Agreement ("Agreement'). This Agreement includes Attachment 1 incorporated herein by this reference. 1. Service Description. 1.1 This Agreement sets forth the terms and conditions under which Customer may lease PSAP Equipment and Maintenance and/or software license offerings, including maintenance (collectively, "Products' and purchase installation services ("Services") provided by Owest. Customer leases Products to provide public safety emergency communications services. 1.2 Any Qwest tariff, price list, price schedule, administrative guideline, and/or catalog (hereinafter, whether individually or together, 'Tariff') applicable to the Service is incorporated into the Agreement by reference and made a part of the Agreement. The Service will be governed by: (a) the Tariff applicable to the Service; and (b) to the extent a comparable Tariff term or condition does not apply to the Service, the terms and conditions set forth in this Agreement. In the event of a conflict in any term or condition of any documents that govern the provision of the Service hereunder, the following order of precedence will apply in descending order of control: the Tariff, this Agreement, and Owest records 1.3 Owest will retain title to and ownership of all equipment, hardware and software installed and maintained by Qwest. 1.4 Owest will provide all maintenance of the Products at no additional cost to Customer. 2. Payment Terms. 2.1 Owest's monthly recurring charges ("MRCs) and nonrecurring charges ("NRCs") for Products and Services appear in Attachment 1 to this Agreement. Customer must pay Owest all charges by the date on the invoice. Any amount not paid when due will be subject to a late charge as specified by the Tariff, or if there is no such late charge specified in the Tariff, the amount due will be subject to late interest at the lesser of the rate of 1'h% per month or the highest rate permitted by applicable law. Qwest may in its sole discretion modify the payment terms or require other reasonable assurance of payment if Customer has faileo, to.:pay.any invoice when due or there is a material and adverse change in Customer's financial condition. 2.2 Customer will be responsible for any and all applicable foreign, federal, state and local taxes assessed in connection with the Products and Services, including without limitation, all use, sales, value-added, surcharges, excise, franchise, commercial, gross receipts, license, privilege or other similar taxes, levies, surcharges, duties, fees, or other tax-related surcharges, whether charged to or against Qwest or Customer, with respect to the Products or Services, but excluding any taxes based on Owest's net income. Customer will pay all such applicable taxes and fees when billed by Qwest. Alternatively, Customer may supply Qwest a tax exemption certificate in a form satisfactory to Qwest. 3. Customer Responsibilities. 3.1 Customer agrees to grant to Qwest and its contractors a reasonable right of entry to deliver, install and/or maintain the Products. Customer will also make available a reasonable amount of appropriate secure space for storage of Products or parts as necessary. 3.2 Customer is responsible for proper site preparation, for meeting and maintaining proper environmental conditions, including but not limited to, air conditioning, cleanliness, and temperature requirements, and for meeting electrical requirements as indicated by the manufacturers of the Products. 3.3 Customer agrees to notify Owest of any pending or existing situation that could damage the Products. 4. Term and Termination. 4.1 Upon expiration of the initial Minimum Service Period Term Agreement Customer may enter into a Month to Month Agreement. This Agreement will commence on the latest signature date below ("Effective Date") and will remain in effect on a Month to Month basis from the latest signature date below (the "Term'. Customer may at any time enter into a new term agreement with Owest, Customer agrees to notify Owest no less than 30 days prior to the expiration of this Agreement if it intends to enter into a new agreement or terminate this Agreement. 4.2 Either parry may terminate Service and/or this Agreement in accordance with the applicable Tariff or for Cause. "Cause" means the failure of a party to perform a material obligation under this Agreement, which failure is not remedied: (a) in the event of a payment default by Customer, within five days of separate written notice from Owest notifying Customer of such default (unless a different notice period is specified in the Tariff); or (b) in the event of any other material breach, within 30 days of written notice (unless a different notice period is specified in the Tariff or this Agreement). Customer will remain liable for charges accrued but unpaid as of the termination date. If, prior to the conclusion of the Term, Service is terminated either by Qwest for Cause or by Customer for any reason other than Cause, then Customer will also be liable for: OMR #1111362 Page 1 Copyright © 2005 Qwest. All Rights Reserved. ^ eeNFIDENTIAL v2 clean 11-2-05 E911 PSAP EQUIPMENT AND MAINTENANCE AGREEMENT 5. Dispute Resolution; Governing Law. The Agreement and the parties' actions under the Agreement will comply with all applicable federal, state, and local laws, rules, regulations, court orders, and governmental agency orders. Any dispute arising out of, or relating to, the Agreement will be settled by arbitration to be conducted in accordance with the Judicial Arbitration and Mediation Services ("JAMS") Comprehensive Arbitration Rules. The Federal Arbitration Act, 9 U.S.C. Sections 1-16, not state law, will govern the arbitrability of disputes. The Agreement will otherwise be governed by the laws of the state where Service is provided, without regard to its choice of law principles. The costs of the arbitration, including the arbitrator's fees, will be shared equally by the parties; provided, however, that each party will bear the cost of preparing and presenting its own claims and/or defenses (including its own attorneys' fees). The venue for arbitration will be designated by the party not initiating the action with the exception of any billing collection disputes, which will be conducted in a location designated by Owest or Denver, Colorado. The venue location designated must be in a metropolitan area in which JAMS offers its dispute resolution services. A single arbitrator engaged in the practice of law, who is knowledgeable about the subject matter of the Agreement, will conduct the arbitration. The arbitrator is bound to apply and enforce the terms of the Agreement. The arbitrator's decision will be final, binding, and enforceable in a court of competent jurisdiction. If a party is required to enforce compliance with this Section (including nonpayment of an award), then the noncomplying party must reimburse all of the costs and expenses incurred by the party seeking such enforcement (including reasonable attorneys' fees). This provision is not intended to deprive a small claims court or state agency of lawful jurisdiction that would otherwise exist over a claim or controversy between the parties. 6. Health and Safety Compliance. Qwest and Customer will adhere to all applicable health and safety laws, rules and regulations including the Occupational Safety and Health Administration's ("OSHA") rules and regulations. Customer agrees to certify that there is no asbestos on any premises in any areas where Owest will be working. In the event Customer will not certify an asbestos free environment or asbestos is discovered in the Qwest work area, Qwest may charge Customer additional amounts or may refuse to work in such work area, at its sole discretion. Customer understands and agrees that this Agreement does not include the prices attributable to working in an asbestos environment, including, without limitation, asbestos sampling, testing, cleanup or rerouting, or delays caused thereby. Customer's noncompliance with this provision will be considered a material breach of this Agreement. 7. Personal Injury, Death, and Property Damage. Each party will be responsible for the actual, physical damages it directly causes to the other party in the course of its performance under the Agreement, limited to damages resulting from personal injury or death to a party's employees and loss or damage toia party's personal tangible property arising from the negligent acts or omissions of the liable party; PROVIDED, HOWEVER; THAT NEITHER PARTY, ITS AFFILIATES, AGENTS, OR CONTRACTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS OR REVENUES OR LOST DATA OR COSTS OF COVER. 8. Indemnification. Customer will defend and indemnify Owest, its Affiliates, agents, and contractors against all :third party claims, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from or related to the use, modification, 'or resale of the Service by Customer or End Users. "End Users" means Customer's members, end users, customers, or any other third parties who utilize or access the Service or the Qwest network via the Service provided hereunder. "Affiliate" means any entity controlled by, controlling, or under common control with a party. 9. Limitation of Liability. NEITHER PARTY, ITS AFFILIATES OR CONTRACTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST OR IMPUTED PROFITS OR REVENUES OR LOST DATA OR COSTS OF COVER ARISING FROM OR RELATED TO THE PRODUCTS, SERVICES OR THIS AGREEMENT, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED AND REGARDLESS OF WHETHER A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LIABILITY, LOSS OR DAMAGE. CUSTOMER'S EXCLUSIVE REMEDIES FOR ANY AND ALL CLAIMS RELATED TO THE PRODUCTS OR SERVICES WILL BE LIMITED TO THE GREATER OF $50.00 OR AN AMOUNT EQUIVALENT TO THE PRO RATA CHARGES FOR THE PRODUCTS OR SERVICES AFFECTED DURING THE PERIOD OF TIME THAT THE PRODUCTS OR SERVICE WERE FULLY OR PARTIALLY INOPERATIVE. QWEST'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL MRCS PAID BY CUSTOMER TO QWEST PURSUANT TO THIS AGREEMENT IN THE MONTH IMMEDIATELY PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM. 10. No Warranties. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY OWEST, ITS AFFILIATES, AGENTS, OR CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE SERVICE. 11. Order Changes. For changes to an order for Products and/or Services between the Effective Date and the In-Service Date, the additional Products or Services requests, and the appropriate charges therefor, will be shown on a written amendment to this Agreement signed by an authorized representative of each party. 12. Confidentiality; Publicity. Neither party will, without the prior written consent of the other party: (a) issue any public announcement regarding, or make any other disclosure of the terms of, the Agreement or use the name or marks of the other party or its Affiliates; or (b) disclose or use (except as expressly permitted by, or required to achieve the purposes of, the Agreement) the Confidential Information of the other party. Such consent may only be given on behalf of Qwest by its Legal Department. A party may disclose Confidential Information if required to do so by a governmental agency, by operation of law, or if necessary in any proceeding to establish rights or obligations under the Agreement, provided that the disclosing party gives the non-disclosing party reasonable OMR #1111362 Page 2 Copyright © 2005 Qwest. All Rights Reserved. ONFIDENTIAL v2 clean 11-2-05 fig 47 E911 PSAP EQUIPMENT AND MAINTENANCE AGREEMENT prior written notice. "Confidential Information" means any information that is not generally available to the public, whether of a technical, business or other nature and that: (c) the receiving party knows or has reason to know is confidential, proprietary or trade secret information of the disclosing party; and/or (d) is of such a nature that the receiving party should reasonably understand that the disclosing party desires to protect such information against unrestricted disclosure. Confidential Information will not include information that is in the public domain through no breach of this Agreement by the receiving party or is already known or is independently developed by the receiving party. 12.1 Customer information contains names, addresses and telephone numbers of Customer's subscribers, including subscribers having unpublished and unlisted telephone service. Customer understands and agrees that there are certain duties and responsibilities imposed by this Agreement and by law or Tariff with regard to the confidential and private nature of such information. 13. Software License. 13.1 One or more of the Products may be or may contain software. In some cases the Products manufacturer (Qwest's vendor) has embedded such software into the hardware as an integral part of the Products. All software remains the property of its creator, developer or manufacturer, or the holder of the copyright, (collectively, "Owner') whichever the case may be. If required by the Owner, a license must be granted to Customer to use such software, and such license may contain specific terms and conditions for use. These specific terms and conditions for use are governed entirely by said Owner, and will be adhered to by both parties. Upon the requirement of the Owner to execute a Software License Agreement or Software Sub-License Agreement (collectively, "License Agreement"), such License Agreement will be executed as required and will become a part of this Agreement. 13.2 Qwest represents that it has obtained all licenses and other rights necessary to utilize any hardware or software in the provision of the Products and Services. Qwest will hold harmless and indemnify Customer, its agents, employees and others under its direction and control from any and all liability that may arise, including attorneys fees, from software. copyright, patent or license claims directly arising from, or related to, this Agreement subject to the following: (a) Owest will defend, at its own expense, any action brought against Customer to the extent the action claims that any Product infringes a United States patent or copyright. Owest will pay finally awarded costs and damages on the claim if: (i) Owest is notified promptly in writing by Customer of any such claim, (ii) Qwest has sole control of the defense and settlement of the claim,: and (iii) Customer cooperates with Owest in all respects to facilitate the settlement or, defense of the claim. This indemnification does not apply to any infringement or claim of. infringement: (a) arising from adherence to instructions or drawings which Qwest has been directed by Customer to follow; (b) which is not wholly inherent in the Product itself as fumished,by Owest; or (c) which relates to combinations of a Product with any. other ;software or equipment supplied to Customer.by another vendor. Owest will have .the right, at its option and. expense, to procure for,Customer the right to continue using the Product in the event of a claim of infringement, to replace. or modify it so it becomes noninfringing, or to reimburse Customer for the cost of the Product less depreciation of its use based on a straight-line depreciation schedule of seven years. The foregoing states the entire liability of Owest with regard to any such infringement. 14. Notices. Except as otherwise stated in this Agreement, any notice or demand to be given under this Agreement will be delivered in person or deposited in United States Certified Mail, Return Receipt Requested. Any notices or other communications will be addressed as follows: To Customer:. To Qwest: City of Eagan Qwest Corporation 3830 Pilot Knob Road 600 Stinson Blvd. Eagan, MN 55122 Minneapolis, MN 55413 Attn: Troy Ruby/651-675-5716 Attn: 911 Account Manager If either party changes its address or its representative changes, the changing party will advise the other party of such change in writing. 15. General. Customer may not assign the Agreement or any of its rights or obligations under the Agreement without the prior . written consent of Qwest, which consent will not be unreasonably withheld. Customer may not assign to a reseller or. telecommunications carrier under any circumstances and represents that it will not resell the Service. The Agreement is intended solely for Owest and Customer and it will not benefit or be enforceable by any other person or entity, including without limitation, End Users. If any term of the Agreement is held unenforceable, such term will be construed as nearly as possible to reflect the original intent of the parties and.. the remaining terms will remain in effect. Neither party's failure to insist upon strict performance of any provision of the Agreement will be construed as. a waiver of any of its rights hereunder. All terms of the Agreement that should by their nature survive the termination of the Agreement will so survive. Neither party will be liable for any delay or failure to perform its obligations hereunder if such delay or failure is caused by a Force Majeure Event. "Force Majeure Event" means an unforeseeable event beyond the reasonable control of that party, including without limitation: act of God, fire, flood, labor strike, sabotage, fiber cuts, acts of terror, material shortages or unavailability, government laws or regulations, war or civil disorder, or failures of suppliers of goods and services. The Agreement constitutes the entire agreement between Customer and Owest with respect to the subject matter hereof, and supersedes all prior oral or written agreements or understandings relating to the subject matter hereof. Except for Tariff or Service modifications initiated by Qwest, all amendments to the Agreement must be in writing and signed by the parties' authorized representatives. However, any change in rates, charges, or regulations mandated by the legally constituted authorities will act as a OMR #1111362 Page 3 Copyright © 2005 Qwest. All Rights Reserved. 7ONFIDENTIAL v2 clean 11-2-05 E911 PSAP EQUIPMENT AND MAINTENANCE AGREEMENT modification of any contract to that extent without further notice. Owest reserves the right at any time to reject any handwritten change to the Agreement. The parties have read, understand and agree to all of the above terms and conditions of this Agreement and hereby execute and authorize this Agreement. City of Eagan Owest Corporation Authorized Signature Authorized Signature Name typed or printed Name typed or printed Offer Management Title Title Date Date OMR #1111362 ^ Page 4 Copyright © 2005 Owest. All Rights Reserved. Q~J CONFIDENTIAL v2 clean 11-2-05 ~ N cn cA I~ to O lA 0 0 C7 d' CA In O w d cry g qr-~ v r O O In OP,: O O o u CV CC Ch In CV O CA (O O CM C~hw fl- N 69 W r W O C_O 69 r W I- •'I W~696g C'-J cr) 60t6N9d3 69E969 O 64- r r W z C> v CV) rn CR U q U~ aq r o ~ J- to to N O N N tl) O O 0) CD co CO) Q F- I~ N 69 In w m w- 69 r w r- 0 6R r 603 64 6% 69 69 69 6f? Va ~ M Z m W tf! 69 J R ° o Z Z N d m z w CL E y v Q L U I-- w W Z O d tr .2) t' U w m Q z .j LU W w to w •d Q w p 0 Z Z_ LO C.) C3 cc z Q Z p d N M Z Q O Z O W Z Z 1- F V fw. t I- as a z.Q z w z zQ ac m c Q W W a 0 r Z V QOQ0 d U Q a i cr, W a z V LOU o a ~ 3 > CL co Q a z m e c LO z w c w c o, w Q J C W N O (0 - W d. N I'c 0 C C tL Z O M m '0 7 0 U) W Z o- p ° m O U a O ° m ° ° 75 ¢ r F- O c C m C° W o. a ° 0U c °2 L a) 0 r V J C E CO co .'O Z- CL _ 0 V W W cd m ¢ D ` y co o as E w E m (7 p m u z v°" - w .0 w o m E •m y c c a) ` c 0 to CL V H J c c cid off '0 0 co cl) c V o 0 a U1 ° cr, r r ns c~ co a ° g L M m O CC E a N - d as y N C 16 O O O CDU)0¢HHOO:0oU(L 0 6l► V ..1 p -J¢ U w a d 0 1 0>¢ U Q CO) xxxxxcr,xxxxxi-~- rnrnrnrnrnrnwa~rnrnrnrnrn F- w w w w w w w w w w w w w O N M T T T T r fl. LI) LO r qQ' It T r T r ft ~C G 0 a9 Agenda Information Memo March 21, 2006 City Council 1. FINAL PLAT (HALLEY'S 2ND ADDITION) - MANLEY LAND DEVELOPMENT ACTION TO BE CONSIDERED: To continue action on the Vacation of easements and the Final Plat for Halley's 2°d Addition to the May 16, 2006, City Council meeting. REQUIRED VOTES FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The site consists of Lots 1 and 2, Halley's Addition located at the southwest corner of Red Pine Lane and Biscayne Avenue in the SE 1/4 of Section 36. ➢ These items first appeared on the Council agenda on May 17, 2005. It has been continued five times to allow the City to proceed with a study of development/redevelopment issues in this area and to work toward a master plan approach to redevelopment in this area. ➢ At the applicant's request, approval of these items is being postponed until May 31, 2006. The latest City Council meeting within this timeframe is May 16, 2006. ➢ A Predevelopment Agreement was approved on August 1, 2005, and the parties continue to work on development of the master plan, with the intention of development/redevelopment of the subject site, adjacent property to the west, and other properties in this area. ➢ A development application was submitted in December for property adjacent to the proposed Halley's 2"a Addition site. That proposal is now anticipated to be before the City Council in April 2006. ATTACHMENTS (1): Letter from Josh Anderson, Manley Land Development -f 31 30 MANLEY, Commercial., Inc. 1915 Plaza Drive, Suite 201 Eaclan, MN 55122 Phgne 651.289.5263 Fax 651.289.4329 ~,vww,manlPyrgmmerci<-~Lrom March 16, 2006 Pam Dudziak, Planner City of Eagan . . 3830 Pilot Knob Road Eagan, MN 55122 RE: Request for Continuance of Application for Final P1at/Easeinent Vacations for Halley, s 2nd Addition. Dear Pam: Manley Commercial submitted applications for Final Plat and Easement Vacations to the City. of Eagan in May 2005 for tho property at 4841 Dismy" ne Avenue. We understand the City' Council needs additional time in order to. review the Red Pine Area Master Plan,, and the Predevelcpment .Agreement_ Manley Commercial is herby requesting that our application be continued until May 31, 2006, as this would be in the best interest of all parties involved. Should you have any questions or concerns, please do not hesitate to contact me directly at' (651) 289-5534. Sincerer , U Josh Anderson Operations Coordinator Manley Commercial, .Inc Agenda Information Memo March 21, 2006, Eagan City Council J. FINAL PLAT AND FINAL PLANNED DEVELOPMENT (DIFFLEY MARKETPLACE) - RELIANCE DEVELOPMENT ACTION TO BE CONSIDERED: To approve a Final Plat (Diffley Marketplace ) to create one lot on approximately 10.94 acres located south of Diffley Road and east of Lexington Avenue, legally described as Outlot A, Lexington Pointe 13th Addition and Outlot A, Lexington Pointe 7th Addition, in the NW t/4 of Section 26. To approve (OR direct Findings of Fact for Denial) a Final Planned Development for a retail commercial development (Diffley Marketplace) consisting of a 43,175 sq. ft. grocery store and two 10,000 sq. ft. multi-tenant retail buildings upon 10.94 acres located south of Diffley Road and east of Lexington Avenue, legally described as Outlot A, Lexington Pointe 13th Addition and Outlot A, Lexington Pointe 7th Addition, in the NW t/4 of Section 26. REQUIRED VOTE FOR APPROVAL: At least three votes. FACTS: ➢ The city Council approved a Preliminary Planned Development on October 6, 2005. ➢ One of the conditions of approval was that access for the development would be modified (to eliminate a connection to Daniel Drive and show a full access directly to Diffley Road) and the plat resubmitted to the Dakota County Plat Commission. The modified plan was submitted to the Plat Commission, and was denied. ➢ Subsequently, the plans were modified to show a 3/4-access at Diffley Road and a one-way "entrance only" access from Daniel Drive and the plat was resubmitted to Dakota County. ➢ On March 7, 2006 the Dakota County Plat Commission recommended approval of a variance to the County's Access Spacing Guidelines with the condition that the existing full access from Diffley Rd. be reconstructed to the more limited 3/4-access configuration with a one-way "entrance only" connection to Daniel Dr. They also recommended approval of the Preliminary and Final Plat submittals, which already incorporated these anticipated conditions. ➢ The developer has submitted a full set of development plans to the City which incorporates this modified access design. City staff has reviewed the revised plans and found them to be consistent with the October 6, 2005 Preliminary Planned Development approval, with adjustments as necessary to accommodate the access modifications. ➢ A Final Planned Development Agreement for the first phase development (grocery store and two retail buildings) has been prepared for execution following City Council approval of the Final PD. 3D- ISSUES: ➢ The County Plat Commission's recommendation has been forwarded to the County's Physical Development Committee (of the whole) for acceptance at their on March 21, 2006 meeting. If the County PDC does not accept this recommendation, staff will request that this item be pulled from the Council's agenda for further discussion and direction. ATTACHMENTS: (1) Final Plat, page 32 C L I VCVCS ~ z ~ ~ _ Az: Z; i I! wi F~ J; U J: IL 0 16 6V al ¢ Oy''0 99 JI ,fiF 60.005 r. _ J't 1 Y: NN11 { - I ~\f 1 I~i) I j 91 l s -„r j r~ - P6;." °,~.n 3 II E 's '4 sF I s~ y 5 I I 5 I iki€" I t' C5 s~~ F p ~ S y~~ I f f iplf ~ ;~~r C~ § s-x a~b~ ~2 I'rt §~s f'-t-' I €EfF _ 3Y Agenda Memo March 21, 2006 Regular City Council Meeting CONSENT AGENDA: L. Tobacco License for Adele Dhanani - 4206 Nicols Road ACTION TO BE CONSIDERED: Approve Tobacco License for Adele Dhanani - 4206 Nicols Road (subject to correction of outstanding code violations) FACTS: • Adele Dhanani has applied for a license to sell tobacco products at "Gas Around the Corner", 4206 Nicols Road. • The Police Department conducted a background investigation and found no reason to deny the license. • There are currently several zoning code violations on the property and staff is requesting that the tobacco license only be issued after the property is brought into compliance. • An inspection of the property will take place prior to the City Council meeting and staff will provide information regarding the status of the code violations. ATTACHMENTS: None The application is available in Administration for review by Council. Consent Agenda March 21, 2006 City Council Meeting M: ACCEPT Donation from the Eagan Senior Program Advisory Board. ACTION TO BE CONSIDERED: To accept a donation of $300 from the Eagan Senior Program Advisory Board for Parks and Recreation. FACTS: • The Eagan Senior Program Advisory Board on behalf of the Eagan Seniors has been instrumental in offering or supporting several community events over the past several years. Their Visit with Santa and Antique Assessment Show are examples of some of the successful events they have coordinated. • The Advisory Board operates with their own checking account which allows them to purchase many of the general supplies that are used in the Lone Oak Room by the seniors. • Their funding mechanism is through an optional $10 annual membership fee. • The Eagan Senior Program Advisory Board is interested in enhancing their partnership with the City of Eagan by searching out ways in which they can continue to contribute and also expand their membership and participation. • The Advisory Board has identified the Minnesota Association of Senior Services spring conference as a valuable tool to help them be more aware of services and activities available to seniors. • The Advisory Board's request is to have staff representation at this conference and is willing to fund that expenditure. ISSUES: • None ATTACHMENTS: • Letter from Eagan Senior Program Advisory Board on page 24t/~ Eagan Senior Program Advisory Board 3830 Pilot Knob Road Eagan, MN 55122 March 13, 2006 Eagan City Council 3830 Pilot Knob Road Eagan, MN. 55122 To the Council: This is to advise you that the Eagan Senior Program Advisory Board would like to make a donation of $300.00 to the City of Eagan Parks and Recreation Department. We would like this to be used for staff representation at the Spring Conference (April 6 & 'n of the Minnesota Association of Senior Services. Sincerely yours, Millie Gignac Secretary Cc: Board President, Ginny Klingner Consent Agenda March 21, 2006 City Council Meeting N: APPROVE Changes to the 2006 Fees and Charges Pertaining to Parks & Recreation. ACTION TO BE CONSIDERED: To approve the following policy changes to Parks & Recreation Fees and Charges Policy: 1. To allow the charge of a $50 protest fee to a team that chooses to protest a rule and/or eligibility from adult league play. FACTS: • A protested game can result when there is a difference of opinion on the field between the protesting team and the umpire regarding the application or interpretation of the Official Playing Rules. • Dealing with the appeal means additional time for staff and/or umpires, this fee would help alleviate the cost of that time. • Apple Valley Parks & Recreation currently charges this fee for protests in adult softball leagues. a. 2. To allow the charge of a $50 appeal fee to individuals and/or team that chooses to appeal a suspension/expulsion from adult league play. FACTS: • After an individual and/or team has been suspended or expelled from league play, they have the opportunity to appeal the decision. Dealing with the appeal means additional staff time for multiple staff and/or officials, this fee would help alleviate the cost of that time. • Burnsville Recreation and Facilities currently charges this fee to appeal a suspension for adult softball leagues. • South of the River Recreators (SORR), a group of community Parks & Recreation Departments south of the river including Apple Valley, Burnsville, Eagan, Farmington, Lakeville, Prior Lake, Rosemount and Savage, have also agreed to add this to the SORR Sportsmanship Policy for SORR Adult Leagues. ISSUES: • None ATTACHMENTS: • Sportsmanship Policy attached on pages. 34? EAGAN PARKS & RECREATION SPORTSMANSHIP POLICY Eagan Parks & Recreation is interested in ensuring that a high level of sportsmanship be maintained in the sports programs directed by the city. Eagan Parks & Recreation shall enforce a zero-tolerance policy with regards to negative conduct before, during or after league games. Therefore, the following policy for dealing with cases of unsportsmanlike conduct will be instituted: 1. Any player, coach, manager or spectator ejected from any game for an unsportsmanlike act including but not limited to profanity, rowdy or disruptive behavior, mischief, tantrum behavior, verbal abuse will result in a: a. Game suspension for the remainder of that game plus at least the next two games. (1) A suspended person may or may not be allowed at any site where league games are in progress. (2) Violating the suspension will result in forwarding the incident to state for further sanctions against the player and/or team. b. The suspended player's name will be placed on probation for one year for all Eagan Parks & Recreation adult leagues. c. Any player, coach, manager or spectator ejected a second time during a 365 day period for unsportsmanlike conduct shall be prohibited from participating in all Eagan Parks & Recreation adult leagues for at least one calendar year. d. An individual and/or the individual's team manager that has been ejected from a game has 24 hours from the time of the ejection to contact the League Director(s) to share his/her information regarding the incident. Failure to call within the 24 hour time period will result in a forfeiture of ones right to appeal the League Director's final decision. e. Should an individual/manager wish to appeal a ruling in Eagan, they must present a written appeal to the League Director(s) and $50 cash within two working days of notification of the decision. The League Director(s) along with another Parks & Recreation Staff member will make the final decision. If your ejection is over-ruled, you will get your $50 back. 2. Any unnecessary physical contact including but not limited to fighting, hitting, kicking another individual will result in a: a. Game(s) suspension deemed appropriate by the League Director(s). (1) A suspended person may not be present at any site where league games are in progress. (2) Violating the suspension will result in forwarding the incident to state for further sanctions against the player and/or team. b. Suspended indefinitely from all Eagan Parks & Recreation adult leagues, pending review of the incident by the Eagan Parks & Recreation for additional disciplinary action. c. The suspended player's name will be placed on probation for one year after the suspension has been served for all Eagan Parks & Recreation adult leagues. d. An individual and/or the individual's team manager that has been ejected from a game has 24 hours from the time of the ejection to contact the League Director(s) to share his/her information regarding the incident. Failure to call within the 24 hour time period will result in a forfeiture of ones right to appeal the League Director's final decision. e. Should an individual/manager wish to appeal a ruling in Eagan, they must present a written appeal to the League Director(s) and $50 cash within two working days of notification of the decision. The League Director(s) along with another Parks & Recreation Staff member will make the final decision. If your ejection is over-ruled, you will get your $50 back. 39 Consent Agenda March 21, 2006 City Council Meeting O: ACCEPT grant funding from LCTS (Local Collaborative Time Study-Family Services Collaborative with Independent School District 1961. ACTION TO BE CONSIDERED: To accept grant funding in the amount of $4,600 from LCTS to target individuals and families living in low income, high density, isolated neighborhoods. FACTS: • The City Council authorized and staff submitted a grant request for $10,000 to provide recreational opportunities to specific targeted neighborhoods. • The grant dollars approved for the City of Eagan are $4,600: • The target audience will be 40 participants at each of four identified park sites. The criteria for the programs include; 1) lack of or limited programming opportunities within walking distance (access), 2) physical and/or personal barriers, 3) high density, 4) lower income brackets (census tracts). • The grant funding will be used to expand existing programming planned for the 2006 summer session. Those programs include morning puppet shows, afternoon "Recess" programs and Friday field trips. • The suggested budget allocation for the approved grant funds is: o Staff/equipment/materials $1600.00 o Vehicle lease (to pull puppet wagon) 1,000.00 o Bus transportation for field trips 1,000.00 o Extension services (programming partners) 1,000.00 (Includes 411, Simply Good Living, and $4,600.00 families on the move.) ISSUES: a None ATTACHMENTS: None Agenda Information Memo March 21, 2006 Eagan City Council Meeting P. REQUEST MUNICIPAL STATE AID ROUTE DESIGNATION ACTION TO BE CONSIDERED: Approve a resolution requesting the Minnesota Commissioner of Transportation's approval of the designation of various existing street segments, and the removal of some currently designated street segments, on the City of Eagan's Municipal State Aid (MSA) roadway system. FACTS: • The MSA designation of a street enables the maintenance of an existing street and the construction of a new street to be financed by the City's portion of the gas tax revenue distributed by the State. Only 20% of the city's local street mileage is eligible for this designation. Of the 46.74 miles allowed in Eagan, only 45.87 miles are so designated. The difference of miles 0.87 miles is available for placement on the system. • As a result of thorough analysis of the City's street system, the removal of MSA designation from Aldrin Drive, from Neil Armstrong Boulevard to Mike Collins Drive (0.63 mile), and Carnelian Lane, from Rahn Road to Blackhawk Road (0.75 miles), is desirable to provide for a redistribution of MSA mileage to optimize the City's MSA funding disbursement. • The undesignated MSA mileage and the removal of the aforementioned designations provide for a total of 2.25 miles available for designation within the City. • The street segments for consideration of MSA designation in 2006 include existing Northwest Parkway (0.25 mile - Highway 149 to Lone Oak Parkway;); "Scenic Heights Drive" (1.40 mile - non-existent, Lone Oak Road to Northwest Parkway); Baffin Trail (0.25 mile -Highway 149 to Opperman Drive) and Opperman Drive (0.32 mile - Highway 149 to Baffin Trail. • In conjunction with the designations of Baffin Trail and Opperman Drive within Eagan, the City of Inver Grove Heights will also designate Baffin Trail (Highway 149 to Yankee Doodle Road) within their City limits as an MSA route. These segments are located in northeast Eagan and meet the criteria of MSA streets in terms of location, function and construction. Designation of these segments would help provide financing for the maintenance of these streets. • With these designations to the MSA system, the City of Eagan can continue'to ensure the City receives its maximum portion of the available annual gas tax appropriation. ATTACHMENTS: • MSA Street Designation Map, page. Ll F- r o~ Z r T j s i l yy lye ' •1 . l/ y a\5\a\e 5e9~ll e e eAeved c~e9~` ~y i {/-1 5 ~ ~edQ eac~e0 1-~5 j" Ao\ d l Q\aoo eaPdae s u~ n Agenda Information Memo March 21, 2006 Eagan City Council Meeting 0. DEVELOPMENT ACCEPTANCE & MAINTENANCE AUTHORIZATION - CITY PROJECT 05-D ACTION TO BE CONSIDERED: Acknowledge the completion of improvements for City Project No. 05-D (Cedar Bluffs Business Center) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Cedar Bluffs Business Center is a commercial/industrial development requiring the installation of public water main and storm sewer, along with grading, which were all performed privately by the developer under the terms and conditions of the development contract agreement. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. ~3 Agenda Information Memo March 21, 2006 Eagan City Council Meeting R. PROJECT 719, DIFFLEY ROAD & RAHN ROAD PRELIMINARY ENGINEERING AGREEMENT ACTION TO BE CONSIDERED: Approve an Agreement for Preliminary Engineering for Project 719 (Diffley Road and Rahn Road - Traffic Study of Intersection Upgrade) with the Dakota County Transportation Department and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • The Dakota County Transportation Department has completed a traffic study considering improvements at the intersection of Diffley Road (County State Aid Highway 30) and Rahn Road. This study has preceded over the past few months in accordance with the 5-Year Capital Improvement Programs (2006 - 2010) for the City of Eagan and Dakota County. • On February 13, 2006, the City Council received an update of the study and directed the improvement of the intersection with a roundabout to be scheduled in the 5-Year Capital Improvement Program (2007-2011). The study evaluated options for improving this intersection that included both traffic control options reviewed in the past and less conventional design options, i.e. roundabout, to determine the best operation in consideration of minimizing impacts to area residents. • On March 9, a third public meeting was held to present the roundabout option as the preferred improvement for the intersection. More than 32 people attended the open house. 21 comment cards were completed, all stating that improvements to the intersection were needed; 14 comment cards supported a roundabout, 4 were against a roundabout. • An agreement between the City of Eagan and the Dakota County Transportation Department has been prepared providing for the cost of the traffic study. As set forth in the agreement, the City's financial share of the study is 45% of the costs (Estimated Total Cost = $71,366.13; City Share = $32,114.76). • City staff have reviewed this agreement and found it to be similar to other previous construction project agreements and in order for favorable Council action. T Agenda Information Memo March 21, 2006 Eagan City Council Meeting S. CONTRACT 05-08, LONE OAK DRIVE/PARKWAY TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Approve plans and specifications for Contract 05-08 (Lone Oak Drive and Lone Oak Parkway - Trail Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, April 20, 2006. FACTS • Contract 05-08 provides for the installation of bituminous trail improvements along the west side of Lone Oak Drive (Lone Oak Road to Lone Oak Parkway) and the east side of Lone Oak Parkway (Lone Oak Drive to Northwest Parkway) as outlined and discussed in the respective feasibility reports for Project 922 and Project 937. • On July 19, 2005, the City Council held a public hearing for Project 922 and approved the project (without the Alternate trail along the USPS parcel on the west side of Lone Oak Parkway) and authorized preparation of detailed plans and specifications. • On September 20, 2005, the City Council held a public hearing for Project 937 and denied the project due to objections from Northwest Airlines and CSM Corporation. The Council directed staff to work with CSM to investigate a possible private contract to complete the trail improvements. • On September 20, 2005, the City Council tabled indefinitely the approval of plans and specifications and the authorization of a bid date for Project 922 (Contract 05-08) due the denial of Project 937. • On March 6, 2006, the City Council reconsidered and approved Project 937 and authorized to the preparation of detailed plans and specifications. • CSM Corporation has executed an agreement providing for a public/private partnership for the construction of a trail. along the west side of Lone Oak Drive (Proj 922) and the east side of Lone Oak Parkway (Proj -937). The agreement states that CSM Corporation will waive their rights to a public hearing and pay the full construction costs of the trail via special assessments and the city will finance the costs of the engineering design, inspection and construction/contract management (performed by City personnel). • The plans and specifications 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. Agenda Information Memo March 21, 2006 Eagan City Council Meeting T. CLAIM FOR DAMAGES - HENRY JANDEWERTH ACTION TO BE CONSIDERED: Receive the recommendation from the Public Works Committee, approve the proposed settlement agreement with Henry Jandewerth (1704 Walnut Lane) and authorize the Mayor and Deputy City clerk to execute all relate documents. FACTS: • On Sept. 20, 2005, Mr. Jandewerth presented a claim to the City Council for damages resulting from a city tree trimming operation along Johnny Cake Ridge Rd adjacent to his property. • The City Council referred the issue to the Public Works Committee, which met with the Jandewerths on several occasions, including one meeting on his property. • On March 6, 2005, the Public Works Committee reviewed all background information and various options for settlement considerations, and reached a mutual agreement with Mr. Jandewerth on a recommendation to have four replacement trees planted on his property with warranties provided by the installer. • A formal release document has been prepared by the City Attorney's office for execution by the Jandewerths prior to the City releasing a check for the cost of the tree installation, if the Council approves this recommendation, which is being forwarded to the Council for their favorable consideration. ATTACHMENTS: • Proposed settlement agreement, attached without page number. ~6 Agenda Information Memo March 21, 2006 Eagan City Council Meeting U. PROJECT 918, PILOT KNOB ROAD & LONE OAK ROAD EASEMENT AGREEMENT ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 918 (Pilot Knob Road and Lone Oak Road - Street and Traffic Signal Improvements) with the owners of Parcel 10-18300-010-02 and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • The City of Eagan is in partnership with the Dakota County Transportation Department in the proposed widening of Pilot Knob Road, signalization of the Pilot Knob Road (County State Aid Highway 31) and Central Parkway intersection, and modification of the intersection of Pilot Knob Road and Lone Oak Road (County State Aid Highway 26), all located west of Interstate 35-E, for the summer of 2006. • As part of Project 918, the widening of Pilot Knob Road, from Central Parkway to Lone Oak Road, from its current 4-lane design to a 5-lane design with center left-turn lanes, the modification of the Lone Oak Road intersection for the addition of left-turn lanes on Lone Oak Road and some trail/sidewalk revisions along Lone Oak Road required the acquisition of permanent and temporary easements from the adjacent properties. • Appraisals were obtained for all required easements. The estimated value of the easements for this property indicated a value of $3,865.00. An offer was accordingly forwarded to the owners of the property. • The portion of the property proposed to be impacted by the construction activity includes a significant amount of landscaping, namely gardens with dozens of established perennial flowers. It is not clear that the appraisal included the garden areas due to snow on site at the time of the appraisal. The owners have expressed a desire to relocate the flowers prior to the construction activity and have requested a slight increase of $250 in the easement acquisition cost if they relocate the flowers themselves. • In order to settle, proceed with the construction schedule and avoid additional costs in attorney fees and commissioner's hearings, staff has suggested an offer of $4,115.00 as an appropriate alternative. The property owner has consented to this offer. • An agreement between the City of Eagan and the owners of Parcel 10-18300-010-02, Lot 1, Block 2 Country Home Heights, has been prepared providing for the acquisition cost for the necessary easements. • Engineering staff and the City Attorney's office have reviewed the agreement and found it to be in order for favorable Council action. ISSUES: • If the City Council would desire to discuss this item, it would be appropriate to direct any discussion to a Closed Session. Consent Agenda March 21, 2006 Regular Eagan City Council Meeting V. AUTHORIZE FORMATION OF A BUSINESS WINDOW SIGNAGE TASK FORCE AND POSTPONE ENFORCEMENT OF WINDOW SIGN PROVISIONS PENDING THE TASK FORCE REPORT ACTION TO BE CONSIDERED: To authorize the Formation of a Business Window Signage Task Force and postpone enforcement of Window Sign Provisions of the City Sign Code pending Council action on the Task Force Report. FACTS: ➢ The Eagan City Code Section 11.70 establishes the standards under which signs are regulated within the City of Eagan. As is the case with most local government sign codes, Eagan's Code regulates the time, place, size and manner in which signs may be displayed. The code has been applied to wall signs, monument signs, pylon signs, directional signs and temporary signs for some time. In 2005, the City Council directed the Advisory Planning Commission and staff to study possible changes in the regulation of temporary signs and additional regulation for window signage. ➢ The City Council also directed the process to include communications with the business community through the Chamber of Commerce and by other means to invite comment and input regarding the possible changes. Information was distributed by the Chamber through its weekly email communications, as an article in the Eagan Business News newsletter and through a press release to the local media. The Chamber and a number of businesses provided input during the process. The Code amendment was adopted in the summer of 2005. ➢ In early 2006, City staff distributed a letter to business property owners advising them of the changes. Few, if any, concerns have been received regarding the temporary sign amendments, but the City and the Chamber of Commerce have received a number of questions and concerns regarding the implementation of the new regulations for window signage. While prospective window sign regulations were included in the communications distributed in 2005, a number of businesses indicate that they were not aware of the actual consequences of the code amendment for their businesses until the 2006 correspondence outlined the process for compliance with the code. ➢ In response to the concerns raised at this time, the City Council took input from the business community at a workshop meeting on March 14, 2006. At that time, the Council directed the formation of a Task Force to revisit the window sign provisions that had been adopted in 2005 to consider recommendations for retaining and/or modifying the requirements and directed staff to postpone enforcement of those provisions until completion of the Task Force review. ➢ The Council indicated that the task force membership should be as follows: Two Councilmembers - Councilmembers Fields and Maguire ➢ Two Advisory Planning Commission Members - Volunteers to be named by the Commission Chamber President Ruthe Batulis, Retail Association Representative Buzz Anderson and business person John Curlee ➢ . Two Additional Business Representatives - To be named by the Chamber of Commerce. ➢ The Council's practice is to formalize directions given at workshops on regular City Council meeting agendas. This item is presented at this time for that purpose. ATTACHMENTS: ➢ Staff memo of March 3, 2006 on pages through s~ ➢ Police Department memo of March 5, 2006 on pages through ➢ Supplemental staff memo of March 9, 2006 on pages' through ➢ Table outlining window sign regulations in other cities on pages"- through& 9 1 }S"y y t ~ City of Ema TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, DIRECTOR OF COMMUNITY DEVELOPMENT MIKE RIDLEY, CITY PLANNER MARY GRANLEY, SENIOR CODE ENFORCEMENT TECHNICIAN DATE: MARCH 3, 2006 SUBJECT: MAYOR'S REQUEST FOR INFORMATION - SIGN CODE AMENDMENTS AND COMMUNICATIONS In follow up to the request for information regarding the City's sign code amendments you had passed on to us from Mayor Geagan, we have compiled the following background for his use. OVERVIEW In follow up to the amendments of the sign code related to window and temporary signs, adopted by the City Council last year, our Code Enforcement staff has distributed a letter to retail properly owners advising them of the new requirements and asking them to contact City staff to discuss the permit application process. Staff members are also going door to door in the retail centers to explain the requirements to business owners and to offer to answer questions they have about the permit requirements. This approach was chosen to permit staff to advise all affected businesses of the change at about the same time, because one of the most frequent criticisms raised in compliance efforts is that other businesses or property owners may also be out of compliance and people believe that it is not fair to require compliance in some areas and not others. The City has done annual updates on Code requirements to owners and managers of gas and apartment properties for a number of years on current code requirements. This has been an effective way to educate, remind and proactively encourage compliance, without having to resort to enforcement as often. The correspondence that includes information on the sign code amendments follows that approach. At the. beginning of the year, letters were sent to owners of all retail properties in the community. Since that time, the letters have also been forwarded by property owners to tenants. As of March 1, 2006, 67 businesses in five retail areas have been visited directly by staff. To date, this has been an informational and educational process. No warnings or citations have been issued and no deadlines have been set for compliance. BUSINESS RESPONSES Relatively little response has been received about the temporary signage (outdoor banners, etc.) requirements. Because those signs are not permanent and there were clearer limitations on them in the past, the revised requirements for duration and permits may be perceived as having less impact on businesses. Sa With respect to the window signage standards and permit requirements, some businesses are complying with the new requirements by removing non-complying signage. Since no deadlines have been set, we do not know how many businesses intend to submit permit applications and comply with the requirement. The City has been contacted directly and indirectly by some business owners who have concerns about the effect of the window sign requirements on current and future signage - the concerns relate to cost, the need for a permit, the effect of the new regulations on quasi-permanent existing signage that is within the 4-6 foot area required to be free of signs under the new code, the possibility that signage that predates the amendment may be grandfathered or have a longer time frame to come into compliance, disagreement with the idea that window and wall signage should be considered together in determining the 20% coverage of a building side and some detail issues that have since been clarified to the benefit of the businesses - for example, we have determined that incidental business signage, such as credit card or membership stickers are not subject to the code, watch your step signs, no shirt-no shoes signs, no firearms signs, etc. In addition to direct business contacts, staff has been contacted by the Northern Dakota County Chamber of Commerce, the Minnesota Retailers Association, the Licensed Beverage Association and a representative of Marathon Oil on behalf of the Petroleum Dealers Association. These parties have expressed similar concerns to those shared by individual businesses, but they have been reluctant to indicate the number of contacts they are receiving and whether the concerns are widespread or not. Staff and the Chamber are keeping track of the responses we are receiving in order to compile them and share them with the City Council at an appropriate time. HISTORY OF THE ORDINANCE AMENDMENTS The sign code amendments arose out of the Council discussion of the higher building finish materials requirement, which was the subject of a separate code amendment. In reviewing pictures of comparable businesses in Eagan and other cities for differences in finish materials, the Council also noticed substantial differences in the appearances of businesses that had small or modest amounts of window signage and those that appeared to have excessive window signage. The Council noted that the City has long standing regulations of building signage (20% maximum in retail areas and a permit requirement) and that the excessive use of window signage in ways that supplement the wall signage is contrary to the intent of the 20% regulation. It was also noted that temporary signs on buildings, monument signs or in boulevards had a similar effect. The Council directed staff to research sign codes in other cities regarding their window sign and temporary sign regulations, to contact businesses through the Chamber of Commerce and to work with the Advisory Planning Commission for a recommendation on amendments of the sign code to better regulate window and temporary signage. Information regarding codes for a number neighboring and similarly sized cities in the metropolitan area was compiled and the APC focused on four surrounding communities that included Apple Valley, Burnsville, Lakeville and West St. Paul. The NDCCC was asked to publicize and participate in the APC discussions of the issue. An article concerning the possible code amendments was published in an issue of the Eagan Business News (attached). The APC held four workshops between December 2004 and March 2005, additionally, a Press Release (attached) was distributed by the City informing the public of the proposed ordinance changes and the opportunity to give testimony on February 10, 2005 which was attended by a Chamber representative and a number of business owners. An update n the likely Commission recommendation was provided to the City Council via an Additional Information Memo on April 1, 2005, after which the matter was considered at a public hearing by the APC on April 26, 2005. Following public testimony and APC discussion, the item was continued to the May 24, 2005 APC meeting. The item was recommended for approval by the APC on May 24th, following additional public testimony and discussion. The City Council approved the amendment on June 21, 2005. The Chamber and a number of business owners were present on each occasion. A copy of the APC and Council minutes at which the matter was considered is attached. The APC recommended and the City Council approved an amendment to the Code for window signage that generally requires maximum percentage coverage, no signage between 4-6 feet for public safety visibility and the need for a property owner or business owner to secure a one-time permit to display signage of a conforming size in a conforming location on their windows. The determination to make the permit a one-time fee for a location and size rather than a recurring fee for each change in the sign occupying that location was a recommendation by the staff and APC, with which the Council concurred, intended to be in the businesses' interest, so that uniformity would be achieved, while recognizing that content could change over time. The conclusion to manage such signage by permit, rather than just regulation was intended to focus on the positive aspects of what could be done through permit rather on what couldn't be done through enforcement. SUMMARY The decision to amend the City Code relative to window signage was based on perceptions by the City Council, the APC and members of the community that such signage had become excessive in a number of locations in the City. The amendment that was approved was based on research of other cities' regulations and review and recommendations by the APC. The process attempted to involve the business community input through the NDCCC and direct correspondence to businesses that had been the subject of enforcement actions previously. While information was distributed and business input was received during the review process, additional concerns have been raised during the education phase of the implementation of the new code provisions. Whether these concerns require further amendment of the code or a different approach to implementation (for example, grandfathering existing signage for a period of time, etc.) is a matter that will require direction from the City Council. If you, the Mayor or other Councilmembers would like additional information, please let me know. Att. City Council and APC Minutes Code Amendment Eagan Business News and Media Release S'~ EMORANDUM M EAGAN POLICE DEPARTMENT 49a ("3830 Pilot Knob Road Eagan, MN 55122 POLICE , 651-675-5700 651-675-5707 FAX s~ t DATE: March 5, 2006 TO: Kent Therkelsen, Chief of Police FROM: Jeff Johnson, Operations Lieutenant SUBJECT: Mayor Geagan request of information regarding Robberies and Burglaries On March 3, 2006 Mayor Geagan requested that I research calls for service over the past several months that involved robberies or burglaries at our local businesses. Mayor Geagan advised that he is researching the practicality of our ordinance that restricts signs being placed on business windows. His research involved whether having signs posted on windows that block the view from the outside posed a crime prevention risk. State and national crime prevention associations make recommendations pertaining to robbery reduction. Addendum A includes a list of common robbery prevention tips. Many of the crime prevention tips involve increasing the visibility for both the store clerks and for police and citizens who may be driving through the parking lots. After reviewing our recent robbery reports, I found that many businesses that experienced robberies had a significant amount of advertisement on their windows. Storefront pictures of six businesses that suffered robberies are included on Addendum B. The photos reveal that most of the stores had a significant coverage of the windows with advertisement. The window treatments of the businesses that suffered burglaries varied greatly. Some of the businesses had no signs while others had significant coverage. Several pictures of businesses on Addendum C show the amount of visibility through their windows. Although this research reveals that many businesses with window advertisement were victims of crimes, it does not address the businesses that have window advertisement that did not report criminal activity. Please share this information with Mayor Geagan and advise me if there is anything further needed. C\ James McDonald, Deputy Chief 1 ~3 Addendum A: Common National Crime Prevention Tips to Reduce Robberies Every business owner, manager and employee plays a part in making businesses safe. Here are some things you can do to help prevent robbery: • Make sure the sales counter can be seen clearly. Don't put up advertisements, flyers, displays, signs, posters or other items on windows or doors that might obstruct the view of the register from inside or outside your business. The police cruising by your store need to see in. • Use care after dark. Be cautious when cleaning the parking lot or taking out the trash at night. Make sure another employee inside the business keeps you within eye contact while you are involved in work details outside of your building. • Keep your cash register in plain view from the outside of your business, so it can be monitored by police during the day or at night. Leave it open and empty after closing. • One study on robbery prevention concluded that nighttime lighting and visibility were the important factors to make the robber fear being "on stage" during the commission of a robbery. Increasing Visibility: • Good visibility is important for two reasons. First, it allows employees to keep an eye out for any suspicious persons who may be lingering either outside or inside your store. And it increases the possibility that someone outside will observe a robbery if it does happen. Robbers don't like to be observed. So good visibility is a vital part of your prevention program. • Your front doors and windows should be kept clear of signs or posters to allow good, two-way visibility at your cash register area. • Employees should be able to see out in order to spot suspicious persons who may be casing your place. And passers-by should be able to look in at your cash register area. • If you must post signs, place them to the side of the store's windows and either high enough or low enough to retain visibility. • The outside of your business and the parking loot should have enough lighting to provide visibility at night. Interior lighting also should provide good visibility throughout the store. • The check-out stand and cash register should be located in a central position where it is clearly visible to observers outside. • Counters should be kept low enough so that employees can see customers throughout the store. If it's not possible to reduce the eight of present shelves, you can at least stock only small merchandise items on the top shelf. • Special display racks and carousels should be positioned in such a way that they do not obscure visibility. • Special mirrors can be positioned in corners of other strategic spots to help employees monitor the entire store. These suggestions will help prevent shoplifting, also! 2 s~ Addendum B: Businesses that recently reported Robberies R~rf ~Y~ Y,r'3 ~`•t yam. 31 fig: l ~C. _ ' t 1 Case # 06-0088: On 1/4106 at 9:33 pm the Subway at `r" ~ ' _ ; 4_ 1565 Cliff Road was robbed. Investigation is ongoing. '.s s n r 4 b iR"i Yom: L S k ..fix w k ;~6'4 T Case # 06-1180: On 2/24/06 at 9:13pm TL Liquors located at 1565 Cliff Road was robbed at gunpoint. Active investigation is in progress. "'~y-F~ 't«~ ,•Vd4{ dr~~ .¢'Y '`yt C!a4Y ~r,.(..~:,~'J ,4.+f.. is t g rz Case #06-1283: On 2/28/06 the Metro Shell gas = w station located at 1650 Diffley Road was robbed at gunpoint. Suspect has been arrested and is pending= t , robbery charges. - +a„ yi F S F1 ' 4 ~y t T 3 (Addendum B-continued) a s~ a r 1 ~~r~~^` ~ 6Y; RF 6G Case #05-5556 and 05-6313: The Oasis M' 1 located at 4206 Nicols RD was robbed two x . = = separate times, once in September and once in October of 2005. Both times it was ' reported that a male yielding a knife robbed < the clerk. Case #05-7859: The Holiday as station located at 4595 Nicols RD was robbed on 12/13/05. ra,- { 171 777 7 ' Case #06-1011: A lone male robber armed ` with a replica handgun entered the store at 01:30 intent on committing an armed robbery. i rrp~ ' ~w ,t a s A Patrol Sergeant who entered the store observed suspicious activity of the robber and thwarted the robbery prior to it taking place. Suspect was arrested and charged with intent to t 7 "'^4-np ~C ~7 v."Rr x E~,c commit a robbery. € a 1 [k< S~ Addendum C: Businesses that suffered recent burglaries. Businesses that experienced burglaries ranged significantly from windows completely covered in signage to windows that had little or no signs affixed to their front windows. t1 ~KY `t"fir f ' x t• The front windows of these two businesses were significantly covered in signs. ; y } t~u-- ~ ~ ♦ v" 9'C.yi Y.,.~ ail ^zt : ` n 3 b y T?' S ar.~ Lr h~ p~ ,{r,,1'.r~ t ~3'`':~f 'W1 "`r.'~.' ,~,y ~ ~ q 4~. ~1 _ n .'.Lt r• These two businesses had relatively clear windows 5 City of EMe TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: MARCH 9, 2006 SUBJECT: WINDOW SIGN CODE AMENDMENT QUESTIONS AND ISSUES The purpose of this memo is to provide additional background concerning the adoption in 2005 of amendments to the city sign code as it pertains to window signage and responses that staff and council members have received from businesses and business associations concerning its implementation and enforcement. While the city continues to receive responses from business and property owners concerning a previous correspondence or contacts, as we have discussed and as Mayor Geagan requested, we are discontinuing new contacts with businesses until the city council has an opportunity to review the issue at the workshop meeting and provide additional direction in its regard. It should be clarified, that to this point, staff efforts have been to educate and advise affected businesses and property owners, and we have not issued citations or established deadlines for compliance. The nature of the concerns we have received to date have ranged somewhat, but some general categories of concern include: • Application of the new standards to pre-existing signs • Staff understood the Council intention in the case of window signs to be to pursue compliance and permits upon adoption of the ordinance. At the time of adoption of the original sign code, a provision was made for the continuation of other types of signs that predated the original ordinance as legal non-conforming signs until they fell out of repair or were replaced, at which time they needed to conform to the code. The Council may wish to provide direction in regard to this matter with window signage. • Effect of the four to six foot clear zone on existing signage and standard corporate sig_ag_e • Maximum percentage window coverage requirements are common in other City Codes, while a clear zone is less common. Some franchises and corporate locations receive uniformly sized signage that could be installed to meet the percentage requirement, but not the clear zone requirement. • Effect of the four to six foot clear zone on individually lettered signs • Some businesses have individually lettered signs that permit people to see into or out of businesses, so there is a line of site in the clear zone range, even though technically, sign copy occupies the clear zone. ~I~ • Application of the sign permit fee to window signage • The Planning Commission and Council determined that a permit and fee were appropriate, because the same amount of signage on the surface of a building would require a permit and fee and the conclusion was that the area of a window sign should be treated similarly. The window sign regulations are for the sign area and not content, meaning that, once a permit is received by a business, the messages within the permitted area could be changed as long as the business' signage did not exceed the permitted area. • Correspondence to Property Owners and Not to Tenants • When the Code Amendments were being considered in 2005, the City used the Chamber of Commerce Weekly Email, the Eagan Business News and a press release to local papers to communicate the nature of the prospective changes to as many businesses as possible. The letters mailed this winter regarding the Code Changes were sent to the retail centers' property owners, who may or may not have passed it on to their tenants. One of the challenges that the City faces in communications with businesses in retail centers is that we do not have a data base of tenant businesses by address that permits us to generate an area-specific mailing list. That is why City staff followed up with face to face contacts, to insure that businesses got direct information about the ordinance change and that business owners and managers were given a chance to have their questions and concerns addressed. • Other Concerns - Staff and the Chamber of Commerce have compiled lists of concerns as they are received. Chamber President Ruthe Batulis has indicated that she would share the concerns she receives with staff. If information is received in time to be distributed with the Council packet, it will be forwarded at that time. If you have questions concerning this information or the other background concerning this matter, please let us know. S -01 9 (o Cl 0 N 2 ~ 3 O f0 0 O O O p O a) 0 a) > (a 0 'D a a) O (D a) = 0 CL) C D U 0 O 0 L. G O p 0 O C C O O (n M O -0 E 'D co L O E O N a) a) O _ ° U n. p •d 3 o R. M.0 O> L a) co X L `t V co 'O w O O N C C O w C to O 3 O 0) a) N N O Q) a O U to ` E p O CD CD 0 0 co C: 4) .L C (n o L L) +L. 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D y mE ° 3. >.rnai co aDom z -D y m y 0 to ca " o o co a) L y to m Q a c _ ,r 'p co O Q) E a) 3 0 cm .4 3 3a~3c3= 3 L '3 ~ Eoccvya c a) 0.r- L) 00E 0 0 nE°0cop co c~c3acQc' 0 100E°:~ y C C c C E y c 0 O L: L L o)O E 5 6 L _C C L N 'D Q) m -0 Q a) a'- co r- O O O O C . y (0 a) ' y O O a) 0 0 C C a)w. 'S I- Q z0 F- za 041-- a0 o 0 U U 6 A? C) o c L NL- (n ° •O a) O O 3 c Co Co w U O O CO ` t C t ~ 0 y - ~ c w _o _o _o _0 0 c o -0 O O C C C C -0 CD CD a) C L N O ° O O Co N 0 U U U U Q C O w v= 4= O -0 CL a) (n va) c°' oa) y 0 C Z Z Z Z Q aw y ca C a O co w 3 c E Q y ol I I I Agenda Information Memo March 21, 2006 Eagan City Council Meeting V. PUBLIC HEARINGS A. VARIANCE - ROGER AND MARCIA JOHNSON ACTIONS TO BE CONSIDERED: To approve a Variance to exceed the 20% maximum building lot coverage by 1% for an addition to the existing home on Lot 20, Block 6, Cedar Grove No. 6, located at 1781 Gold Court in the NE of Section 20. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • The subject lot was platted as part of the Cedar Grove No. 6 and is zoned R-1 single family residential. City Code requires a 20% maximum building lot coverage in the R-1 zoning district. • The subject lot is approximately 13,300 square feet and the existing one level rambler style home with accessory structures covers 2,180 square feet in area. This creates an existing building lot coverage of approximately 16%. • The applicant is proposing to add a 672 square foot addition to the rear of the existing home, increasing lot coverage to 21 • The proposed addition would be constructed with matching exterior materials and roof line and all setback requirements would be met. • According to the applicant, the purpose of the proposed addition is to move most of the every day functions of the home to the first level to accommodate an applicant's disability and to add more functional living space to the 1968 style home. 60 DAY AGENCY ACTION DEADLINE • April 28, 2006 ATTACHMENTS (1): Planning staff report, page t,,. PLANNING REPORT CITY OF EAGAN REPORT DATE: March 9, 2006 CASE: 20-VA-05-02-06 APPLICANT: Roger and Marcia Johnson HEARING DATE: March 21, 2006 PROPERTY OWNER: Roger and Marcia Johnson APPLICATION DATE: February 27, 2006 REQUEST: Variance to lot coverage PREPARED BY: Erik Slettedahl LOCATION: Lot 20, Block 6, Cedar Grove No. 6 COMPREHENSIVE PLAN: LD-Low Density Residential (0-4 units/acre) ZONING: R-1, Residential Single Family SUMMARY OF REQUEST The applicant is requesting a Variance to exceed the maximum 20% building coverage allowed for a single family residence by I% on Lot 20, Block 6 Cedar Grove No. 6, at 1781 Gold Court, in the NE 1/4 of Sec 20. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11. 50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. 63 Planning Report Johnson-Variance March 21, 2006 2 of 3 f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS City Code Section 11.65, Subd. 5, E. requires a maximum 20% building lot coverage within the R-1 Single Family Residential Zoning District. Building lot coverage is measured using only covered structures. Open decks, pools, driveways, and other uncovered structures and surfaces are not considered when calculating lot coverage. BACKGROUNDMISTORY The existing home was constructed in 1968 during one of the middle phases of the Cedar Grove development. EXISTING CONDITIONS i 4 r The subject lot is 13,300 square feet and, according to a County Assessor records' the existing ones' Subject Sit level rambler style home has a foundation size of 1,352 square feet and a detached garage and a r , accessory building measuring 828 square feet. This creates an existing building lot coverage of fl ; r approximately 16%. The existing ' property also includes a 16' x 16' - ' deck that is not counted as lot coverage. _ The pie shaped lot is located at the end of a cul-de-sac and all Photo provided by Pictometry zoos existing structures appear to meet setback requirements. EVALUATION OF REQUEST The applicant is proposing to add a 672 square foot (24' x 28' foundation size) addition to the rear of the existing home and along side the existing detached garage, increasing lot coverage to 21 The existing living room area will be converted to a master bedroom/bath and the new space will include a new kitchen/dining area, new living room, and first floor laundry area. The proposed addition will 61Y Planning Report Johnson-Variance March 21, 2006 3 of 3 be constructed with matching exterior materials and roof line. All current side and rear setbacks appear to, meet City Code requirements and will be maintained with the proposed addition. The basement area under the addition will also be excavated. The proposed addition will be visible from several neighboring properties. However, due to the situation of the lot relative to surrounding properties, and mature vegetation and existing privacy fencing, it appears that the proposed addition will have minimal visual impact on surrounding properties. APPLICANT'S ESTIMATE OF HARDSHIP According to the applicant, the purpose of the proposed addition is to move the every day functions of the home, such as the laundry room, to the first level to accommodate an applicant's disability and to add more functional living space to the 1968 style home. Please see the attached letter from the applicants for more detail. SUMMARY/CONCLUSION The applicant is requesting a Variance to exceed lot coverage requirements by I% in order to construct a 672 square foot addition at the rear of the existing home. The applicants have stated that they would like to expand the existing home to provide better functional living space and to accommodate an applicant's disability. ACTION TO BE CONSIDERED To approve a Variance to exceed the 20% maximum building lot coverage by 1% for an addition to the existing home on Lot 20, Block 6, Cedar Grove No. 6, located at 1781 Gold Court in the NE 1/4 of Section 20. If approved, the following conditions should apply: 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. A building permit for the addition must be obtained before any construction work may begin. 3. All exterior siding, soffit, and roofing material must be consistent and compatible with the existing principal structure. Eagan Boundary N Right-of-way ra Location Map PaParkAreaArea ® Building Footprint eat-1 1 -1 Miss E$ilia 110 No m ® .e a At. oD"' law- MARREN a* tp 3 Pi ® LJ R ® ~ 411 3 Subject Site lb J II III ® ~ g°~o ®ds8 - O ®9 9 € .0 e v ae. 8 dim ® ~ EI r! to O ® [ as 9 ® ® ® ® yr 1 -4. 61 . ~ v e =6111,111111 pow a.a.a. ®a 6 g m ® Ere s ♦ + 0 m ° 8e.. ~ s I- Inv ® o a e d~1 ~ Oi ir am". _ _ ♦ db mm 4 ar® ~ ® i g aza so's JI OWNER aaraa D ® ® ®o C ® L-LJ_1_LJ_L_I_] 1000 0 1000 2000 Feet Development/Developer. Roger and Marcia Johnson Application: Variance Case No.: 20-VA-05-02-0 Map Prepared usi cView 3.1. Parcel base map data provided N by Dakota County Office of GIS and is current as of WI 2005. City of Eap THIS MAP IS INTENDED FOR REFERENCE USE ONLY W+E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Cemmunlty Dawtop-t Depan-t not responsible for errors or omissions. Lot Size = 13,300 sq ft Existing Bldg Area = 2,180 sq ft Proposed Addition = 672 sq ft Total Proposed Bldg Area = 2,852 sq ft Lot Coverage Max. = 2,660 sq ft Proposed Lot Coveage = 21% - Lot Size = 13,300 sq ft .~Ip. Proposed Addn. 672 sq ft Existing House 8 1352 sq ft Existing Garage 768 sq ft N Johnson Variance Request 1781 Gold Court Lot 20, Block 6, Cedar Grove No. 6 20 10 0 20 Feet 6~ We are requesting a variance to the 80/20 rule for the purpose of building an addition on our house. The addition will put us at 81/19, so we are requesting a 1 % variance. The addition will be living space and will include a new kitchen, informal dining area, and a living room. There will be a full basement underneath the entire addition. The addition will match the existing house in type and color of siding, type and color of shingles, and will have the same pitch as the roof on the existing house. It will include 4 windows, an entry door, and a French door. We plan to convert our existing living room into a master bedroom and bathroom. We also plan to move our washer and dryer from our basement to the main level, where our existing kitchen is now. The addition will mostly be visible to the 3 houses behind ours (all with fenced yards), as well as the house just to the south of us. The addition will not be visible from the front of the house. The reasons we are requesting the variance are twofold. First, so that we can provide each of our children their own bedrooms with closets. Our house was built in 1968 when closets were not a priority. Currently, my middle daughter and I do not have closets. Second, so that we can move our laundry room to the main floor to accommodate a disability. My wife was diagnosed with MS (multiple sclerosis) about 10 years ago, so our goal is to get all of our everyday living space on one level to make it easier for her. We love the city of Eagan and the location of our current property. We have a very large fenced yard for our children to play in. We do not want to move from this community. If our request is approved, excavation on the basement will begin in June, and framing of the addition (and the remodel in our existing house) will begin in July. RECEIVED FEB 27 2006 ~L? Agenda Information Memo March 21, 2006 Eagan City Council Meeting B. PROJECT 874, TH 55 NORTH FRONTAGE ROAD/ GIFT OF MARY STREET & UTILITY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 874 (TH 55 North Frontage Road/Gift of Mary Street & Utility Improvements) for Parcels 10-03800-070-02 and 10-01200-060-02 and authorize its certification to Dakota County for collection. FACTS: • Project 874 provided for the street and associated utility installations, including sanitary sewer, water main and storm sewer, and the north frontage road along Trunk Highway 55 east of Louis Lane in northeast Eagan. • This project, constructed under Contract 03-04, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the 2003 Fee Schedule for all of the properties not previously assessed. • On October 5, 2004, after the closing the public hearing, the City Council approved the Final Assessment only for Parcel 10-29800-010-01 as part of Project 874 and authorized its certification to Dakota County for collection. • At that time, John Cina, 3402 Highway 55, objected to the proposed assessment to his property, including these two parcels. After discussion, the Council removed them from the adopted assessment roll and ordered an appraisal be conducted for Mr. Cina's parcels and continued consideration of the assessment for the property. • An appraisal of the value benefit accrued to the two parcels from the street and utility improvements was performed and indicated that the value benefit to these two parcels is well in excess of the proposed assessment amounts. • Engineering staff and the City Attorney's office have reviewed the appraisal and found it to be acceptable. • The Final Assessment Roll for Parcels 10-03800-070-02 and 10-01200-060-02 was presented to the City Council on February 21, 2006, with a public hearing scheduled for March 21 to formally present the final costs associated with this public improvement to the affected benefiting properties. • All notices have been published in the legal papers and sent to the affected property owners informing them of this public hearing. No written objections have been received to date. ATTACHMENTS: • Final Assessment Report, pages through%. 6 FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 874 (Parcels 10-01200-060-02 Assessment: Original - October 5, 2004 & 10-01200-070-02) New - March 21, 2006 Name: T.H. 55/Gift of Mary Frontage Road Project Approval Date: December 17, 2002 Utility and Street Installation Final Feasibility Final Feasibility Rate Report Units Rate Report Units SANITARY SEWER STORM SEWER ❑ Trunk ❑ Trunk 0 Lateral 24.00 $24.00 /F_F. ❑ Service ❑ Lat. Benefit/trunk WATER STREET 0 Trunk $2,115.00 $2,115.00 /Acre ❑ Gravel Base 0 Lateral $24.25 $24.25 /F_F. 0 Frontage Road $131.85 $131.85 F.F. . ❑ Service ❑ Multi Family Equiv. ❑ Lat. Benefit/trunk ❑ WAC ❑ CA Equiv. 0 Driveway OTHER STREET LIGHTS ❑ Service Pair ❑ Installation ❑ Energy Charge Contract Number of Interest Amount Citv Number Parcels Terms Rate Assessed* Financed* 03-04 2 15 Years 4.50% $251,206 F.R. $223,874 F.R. $77,128.72 $6,038.28 (F.R. = Feasibility Report) * The feasibility amounts and actual numbers are not comparable. The feasibility report amounts include the Gift of Mary assessments already levied and those to be collected as connection charges when a building permit is issued for the property. The actual assessment amount and City financed portion shown are relative to only the street and utility improvements that provided benefit to the Cina property. 41 City of EN1e~o To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: February 21, 2006 Subject: Final Assessment Roll, Project 874 (Parcels 10-01200-060-02 & 10-01200-070-02) Streets and Utilities At the public hearing on December 17, 2002, the City Council ordered Project 874, and in accordance with the feasibility report, the following improvements were constructed: sanitary sewer lateral, sanitary sewer trunk, water lateral, water trunk, T. H. 55 Frontage Road with storm sewer, and turn lanes on T. H. 55. In the feasibility report, it was proposed to assess the street with storm sewer drainage, sanitary sewer lateral and water lateral improvements using a linear method of assessment and trunk water using an area method of assessment. The construction of the improvements were completed under Contract 03-04. The original assessment hearing was held October 5, 2004, where the City Council approved and levied assessments for the Gift of Mary property only (Parcel 10-29800-010-01) per agreement with the property owner. The City Council ordered independent appraisals of benefit for Parcels 10-01200-060-02 and 10-01200-070-02. The appraisals have been completed and show benefits to the affected properties in excess of the proposed assessment amounts per the City Fee Schedule. Therefore, the City Fee schedule rates in effect at the time of the project (2003) will apply. The following information was used in the preparation of the assessment roll for Parcels 10-01200-060-02 and 10-01200- 070-02. The costs identified below include costs to acquire the necessary easements from the parcels. I. PROJECT COST The construction cost includes the amount of $302,826.48 paid to the contractors for the construction of the following detailed improvements. Other costs which consist of: engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $134,767.61 and easement costs totaling $69,487.52 were incurred resulting in an improvement and project cost of $507,081.61. The detail of these other costs is provided.on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER COSTS IMPROVEMENT FEASIBILITY IMPROVEMENT COST & EASEMENTS COST REPORT Street Storm Sewer $120,196.62 $122,978.92 $243,175.54 $178,920 Turn Lanes 37,109.92 16,515.51 53,625.43 16,690 Sanitary Sewer Lateral 17,181.00 7,646.28 24,827.28 39,500 Sanitary Sewer Trunk 49,808.20 22,166.78 71,974.98 95,660 Water Lateral 23,869.00 10,622.48 34,491.48 44,040 Water Trunk 48,973.55 21,794.82 70,768.37 100,270 Services 1,966.00 874.93 2,840.93 Concrete Driveway 3,722.19 1,656.50 5378.69 Totals $302,826.48 t 1l $204,255.13 $507,081.61 $475,080 II. ASSESSMENTS A. TRUNK ASSESSMENTS Sanitary Sewer Trunk and Storm Sewer Trunk charges were levied to the properties in prior periods, therefore trunk charges for those improvements are not proposed for levy with this project. Water trunk assessments were proposed at the public hearing for this project and will be proposed in this assessment roll at $2,115 per acre. This is the 2003 fee schedule rate quoted in the feasibility report. B. UTILITY LATERAL AND STREET IlVIPROVEMENTS 1. Street Improvement with Storm Sewer Drainage The frontage road was extended in an easterly direction from Louis Lane to the proposed Gift of Mary driveway access. The construction cost was $120,196.62. Other costs in the amount of $53,492.65, and easement costs in the amount of $69,487.52 were allocated to the construction costs resulting in an improvement cost of $243,175.54. The feasibility report called for this improvement to be assessed using a linear method to the property located on the north side of the frontage Road. The feasibility report called for this road to be assessed at the fee schedule rate of $131.85/F.F.. IMPROVEMENT COST ASSESSABLE UNITS IMPROVEMENT RATE $243,175.54 1,564 F.F. $155.48/F.F. Because the improvement rate is greater than the 2003 Fee Schedule Rate of $131.85, the Fee Schedule Rate is proposed as the assessment rate. 2. Sanitary Sewer Lateral The sanitary sewer lateral improvement consists of 821 lineal feet of 8 inch PVC and other appurtenances with a construction cost of $17,181.00. Other costs that total $7,646.28 were allocated, which results in an improvement cost of $24,827.28. The feasibility report called for this improvement to be assessed using a linear method. The assessment rate was computed using the following: IMPROVEMENT COST ASSESSABLE UNITS IMPROVEMENT RATE $24,827.28 782 L.F. $31.75/L.F. Because the improvement rate is greater than the Fee Schedule Rate of $24.00/F.F. quoted in the feasibility report, the Fee Schedule Rate is proposed as the assessment rate. In accordance with an agreement between the City and Gift of Mary Sanitary Sewer Lateral assessment was delayed until development of the property. Gift of Mary property will be charged at the Fee Schedule Rates in effect at the time of connection to the system. 3. Trunk Sanitary Sewer Improvement The trunk sanitary sewer improvement consists of 140 lineal feet of 8 inch PVC and other appurtenances in jacked casing pipe beneath T.H. 55 with a construction cost of 49,808.20. Other costs in the amount of $22,166.78 were allocated resulting in an improvement cost of $71,974.98. The feasibility report called for this improvement to be financed by the City's 2 Sanitary Sewer Trunk Fund. 4. Water Lateral Improvement The contractor installed 740 feet of 8-inch DIP at a construction cost of $23,869.00. Other costs in the amount of $10,622.48 were allocated resulting in an improvement cost of $34,491.48. IMPROVEMENT ASSESSABLE UNITS ASSESSMENT COST RATE $34,491.48 782 L.F. $44.11/L.F. Because the improvement rate is greater than the Fee Schedule Rate of $24.25/F.F. quoted in the feasibility study, the Fee Schedule Rate is proposed as the assessment Rate. In accordance with an agreement between the City and Gift of Mary Water Lateral assessment was delayed until development of the property. Gift of Mary property will be charged at the Fee Schedule Rates in effect at the time of connection to the system. 5. Trunk Water Improvement The trunk water improvements consist of 157 lineal feet of 8-inch DIP and other appurtenances with a construction cost of 48,973.55. Other costs in the amount of $21,795.33 were allocated, which results in an improvement cost of $70,768.88. The feasibility report called for this improvement to be financed by the City's Water Trunk Fund. In accordance with an agreement between the City and Gift of Mary Water Trunk assessment was delayed until development of the property. Gift of Mary property will be charged at the Fee Schedule Rates in effect at the time of connection to the system. 6. Service Pair The City paid $1,209.00 to install a 4-inch PVC sewer service, and $757.00 to install a 1-inch copper water service. $874.95 of other costs were allocated resulting in an improvement cost of $2,840.95 for providing utility service to the Gift of Mary property. Parcels 10-01200-060-02 and 10-03800-070-02 did not require utility service construction under this project. The sanitary sewer service improvement cost is computed at $1,747.05 and the water service cost is computed at $1,093.90. Staff recommends this improvement be financed by the City's Sanitary Sewer $1,747.05 and Water Trunk $1,093.90 Funds. The property will be charged at the fee schedule rate in existence at time of connection to the City's utility system. In accordance with an agreement between the City and Gift of Mary Service Pair assessment was delayed until development of the property. Gift of Mary property will be charged at the Fee Schedule Rates in effect at the time of connection to the system. 7. Concrete Driveway Entrance The City paid $3,722.19 to install a concrete driveway entrance to the Gift of Mary property. $1,656.54 of other costs were allocated resulting in an improvement and assessable cost of $5,378.73. The concrete driveway improvement is proposed for assessment using the direct assignment method. IMPROVEMENT COST ASSESSABLE UNITS ASSESSMENT RATE $5,378.73 1 Unit $5,378.73/Unit 3 C. ASSESSMENT TERMS The assessments are proposed for a term of 15 years. The interest rate is 4.50% per annum on the unpaid balance. M. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE* (RESPONSIBILITY) Street with storm sewer $243,175.54 $103,106.70 ($140,068.84) Turn Lanes 53,625.43 (53,625.43) Sanitary Sewer Lateral 24,827.28 7,728.00 (17,099.28) Sanitary Sewer Trunk 71,974.98 (71,974.98) Water Lateral 34,491.73 7,808.50 (26,683.23) Water Trunk 70,768.88 19,136.52 (51,632.36) Services 2,840.95 (2,840.95) Concrete Driveway 5,378.73 5,378.73 0 Total $507,081.61 $143,158.45 ($363,923.16) * Includes levied assessments and connection charges to Gift of Mary properties previously approved by the City Council. The following City Funds will provide noted financing of the City Responsibilities for Project 874. FUND AMOUNT Major Street Fund $193,694.27 Sanitary Sewer Trunk 90,821.31 Water Trunk 79,409.49 TOTAL $363,925.07 (3~" Jo Gorder Reviewed: Reviewed,. Public Works Department Finance D partment h 1/1 ,/z Dated Dated C: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I 4 Shy a - ti o~ ~G ~~oPO v I ~ ~ as ay5 Sao ~ 0 WW ~ ° 5° o° Q~oQae~ C9~ 2° ` JC PRO POSED SCHOOL ~ I I I i. I ' i li ' I ! I I O l~ o I ' I I I 55 Gti F e~ Sy I ~o~ ~ i i ! I I' i ~ tv ,ore e~ ye e° ' ~ ~ ' ! II i I I i F F. I~ ~ N~ ~ 5aaa°~ P5 A~~ ~o~ I I I~ ~ 0 r 2 y off' F` .r Pyi c z~. I I I!~~ ~ a'`a F I I a ~y i 0 I~ e o p ~ 5 1 O ~i G~j Sr O NO 3 O ~O G` e~5 ~G Qa Ci~'> peQari~ c~A d y N d co L~ V ttd 00 eLC C cM C> CM O cts OD N O_ > O i N M CD to Cc > = U D 60). y c) O O '6 C CU d CD r ti 4~ C6 ',CO M w 'r- 'm - r M N ch 00 Ch W y Q ~ ~ CC) rn ti r CO co r r N Q w O r O O L F- N 1 - IL LO to o O N •7 N ti 00 ti CA C? C-4 "T tv BOO i N~ ct_ O N O ti (n r N p O N O O C{} r (n N ~ Q O O Y O't V) 't3 r O co co CD CV Co M 00 U ~ C ~ O N T E ca cm r r U ass LO LO 0 N N C0 Cts J r- O 00 N N _ L R O O O L y 00 O CO R co It N ~ CO O 1~ LO N 1l- C6 0 00 4. o 0 co r- 9 9 'J O O d O 04 C co 0 99 O O r r L d E 7 Z L) O 00 0 L CL CL O O r r Agenda Information Memo March 21, 2006 Eagan City Council VI. OLD BUSINESS A. CLARIFICATION FOR HAWTHORNE RIDGE - EXCEL DEVELOPMENT ACTION TO BE CONSIDERED: Excel Development is seeking City Council clarification regarding restaurant uses in the Hawthorne Ridge strip retail center located at 525 Diffley Road. REQUIRED VOTE FOR APPROVAL: Majority of members present FACTS: ➢ The City sold the subject site to Excel Development in 2003. The City also had placed restrictions and covenants against the property that prohibited certain uses, one of which was restaurants. ➢ The strip center was constructed last year. Excel Development has been approached by prospective investors/tenants that have interest in a coffee shop and, possibly, a pizzeria. ➢ Staff could not adequately respond to questions by Excel relative to what would constitute a restaurant. ➢ This clarification by the City Council is being sought before investments are made by Excel and/or others to finish out tenant space. ➢ Notice of the request, including the Excel narrative was sent to neighbors on Countryside and Country View Drives. ATTACHMENTS: (2) Excel Development narrative on page through. Notice mailed to neighbors on page excel Development LLC 525 Diffley Rd. Suite # 2090 Cell: 612-227-7457 Eagan, MN 55123 Fax: 651-330-2544 Mr. Mike Ridley City Planner City Of Eagan 3739 Pilot Knob Rd Eagan MN 55122-1810 March 9, 2006 Dear Mr. Ridley, Excel Development LLC has purchased the land on the comer of Hwy 3 and Diffley Rd, known as 525 Diffley Rd. We have now built a single level strip mall to utilize as a neighborhood business district known as Hawthorne Ridge. In developing this land it has been our mission to bring goods and services to this area, as there is currently none. When the land was purchased, the city imposed 6 restrictions of use of this property. One which states that there be no restaurants on this site. We continually talk with people in the community daily; they are constantly inquiring what types of businesses will be in this center. We ask them what they feel would best meet the needs and desires of their community. The greatest number of responses includes a coffee shop, restaurant, bakery and or deli. With this in mind we have tried to find businesses that would full fill these request. We would like the city to clarify what can and can not be sold at this location as there continues to be some misunderstanding about what this restriction implies. We currently have an investor who desires to establish a small coffee shop1caf6 that would serve coffee, tea, smoothies, soft drinks, and ice cream and pre made baked goods. There continues to be a need for clarification as to whether or not this type of establishment is considered a restaurant or not. -*7001 Further the investor would like to know if it would be possible to offer other goods such as soup, salads and hot and cold sandwiches. We realize this may then classify it as a restaurant In addition, it is our hope to satisfy the community's desire for a restaurant. We currently have interest from another business establishment that would like to run a small family friendly restaurant. It would offer pizza, pasta and salad bar. They would also like to serve beer and wine only. Finally, we would like to know if it possibly for any other type of establishment similar to a Subway, Chipotle, Le Ann Chin's, Papa John's, Papa Murphy's (should the above pizza parlor not be allowed) or a Chinese take-out type restaurant would be feasible. We are well aware of the communities concern of restaurants that have the potential of emitting odors from deep fried foods and grilling throughout their daily operation. We respect this concern and therefore, it is our intent to only lease to those types of restaurants that would not employ these unfavorable odors from their business, We are asking for your assistance to help us with our request to bring these types of goods and services to the community. We therefore, ask that this matter be brought to the city council for discussion and clarification. It is our hope that this restriction could be reexamined and lifted or amended. We will continue to honor the other restrictions that were set. Thank you for your attention and consideration in this matter. We look forward to hearing from you. Sincerely, Brenda Szo a Vice President City of Eapn ma To: Neighbors of Hawthorne Ridge Retail Center From: Community Development Department Date: March 13, 2006 Subject: Excel Development Request This memo is being sent as a courtesy to residents in the vicinity of 525 Diffley Road. Excel Development is requesting a clarification/opinion from the City Council on allowed uses, particularly as the restriction relates to restaurants. When: 6:30 PM - Tuesday, March 21, 2006 Where: City Council Chambers - City Hall Attached to this memo is the written narrative submitted by Excel Development with the information the City Council will consider next week. 71~ ~U Hawthorne Ridge Retail Center - 7 C 1ti G V i oKney Ra _ Please contact the Planning Division at 651-675-5685 if you have any questions. go Agenda Information Memo March 21, 2006 Eagan City Council VII. NEW BUSINESS A. PRELIMINARY SUBDIVISION (GOPHER COMMONS) - GOPHER RESOURCES ACTION TO BE CONSIDERED: To authorize staff to request a Variance to the County's Access Spacing Guidelines for the proposed Gopher Commons subdivision. REQUIRED VOTE FOR APPROVAL: Majority of members present FACTS: ➢ The county spacing issue is discussed below under the ISSUES section. Staff has recently met with county staff to discuss options and a Variance request has been deemed appropriate. ➢ The site consists of a single unplatted parcel. The property is vacant. For several years, a concrete recycling facility operated on this site. ➢ The proposal consists of three office/warehouse buildings; users are not identified and should be consistent with Limited Industrial uses. Final Planned Development approval will be required for each parcel. ➢ A private easement exists across the site to provide the property to the south (Thomson- West) access to Yankee Doodle Road. ➢ A public hearing was held on January 24, 2006 at the Advisory Planning Commission, the Commission recommended approval. ISSUES: ➢ The Dakota County Plat Commission did not approve the preliminary plat because the proposed full access location does not meet County's access spacing guidelines from Highway 149. ➢ If the developer desires to maintain access at its current location, Dakota County Access Spacing Guidelines require the full closure of the median on Yankee Doodle Road restricting vehicles to right-in/ right-out movements only. The closure of the median will also affect Gopher Resource property access to the north. If a variance to the spacing guidelines is desired, the City must submit the application for the Plat Commission's consideration. 120-DAY AGENCY ACTION DEADLINE: May 29, 2006 ATTACHMENTS: (0) V / Agenda Information Memo March 21, 2006 Eagan City Council Meeting B. BORCHERT LANE NO PARKING ACTION TO BE CONSIDERED: Approve a resolution to prohibit parking on the north/east side of Borchert Lane and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • On February 9, 2006, City Engineering staff received a request from the Park and Recreation Department requesting the installation of "No Parking" signs on Borchert Lane. The petition requests that "No Parking" signs would be installed on the north/east side of Borchert Lane, east of Mike Collins Drive. • Borchert Lane provides access to Thresher Fields, a new park facility consisting of six U-10 size soccer fields, with 30 players anticipated using each field during scheduled league activities. The total volume of park users can exceed 500 with the combination of players, coaches and fans. • Experience through out the first season of use in 2005 indicated a significant amount of parking on both sides of Borchert Lane. Access on Borchert Lane was limited to one lane of traffic during these occasions. Access for public safety vehicles was very questionable at times. • The limiting of parking to only one side of the street should address the need for two lanes of access on Borchert Lane and the accessibility of public safety vehicles. • Notices have been sent to all potentially affected property owners informing them of the Council's consideration of this request. No comments have been received to date. • This `No Parking' request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Location Map, page l V ~ I I ~ Q ~~c I I au s14 Q7 % Vt~~ Lot 5, Blk 2' / yea 0 y e Lot 2, Blk 1 e e e o' ese Borchert-Ingersoll Inc. 1 st Add. e~ I gee Borchert-Ingersoll inc. 1 st Add. Lot 1 , Blk ~~oe 0 1 THRESHER FIELDS Q Proposed No Parking Area LKJ SCALE: 1" = 200' Borchert Lane City OL ~i9~~~ D5pproposed March 08, 2006 J 1 Q "No Parking" c.n~necri nn rlpnnrfmPnt AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER MARCH 21, 2006 A. CALL TO ORDER B. ADOPT AGENDA S C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS pl%f 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Public Hearing to Consider the Use of Eminent Domain to Acquire the Cedarvale Mall at the Request of its Owner, Cedar Grove Properties, as Outlined in the Cedar Grove Redevelopment TIF Development Agreement between the City and Schafer Richardson F. OTHER BUSINESS G. ADJOURNMENT Agenda Information Memo Eagan Economic Development Authority Meeting March 21, 2006 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 MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the March 6, 2006 EDA meeting as presented or modified. ATTACIU14ENTS: • Minutes of the March 6, 2006 EDA meeting on pages O b - $ . MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota March 6, 2006 A meeting of the Eagan Economic Development Authority was held on Monday, March 6, 2006 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 Carlson moved, Commissioner Tilley seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Fields moved, Commissioner Maguire seconded a motion to adopt a resolution approving the minutes of the February 21, 2006 meeting as presented. Aye: 5 Nay: 0 OLD BUSINESS NORTHEAST EAGAN REDEVELOPMENT DISTRICT FINDINGS OF FACT, CONCLUSIONS AND RESOLUTION TO APPROVE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND MG EAGAN Community Development Director Hohenstein discussed the development agreement between the City and MG Eagan for the redevelopment of the area bounded by 35E, 494 and Blue Gentian Road. Commissioner Fields moved, Commissioner Tilley seconded a motion to approve Findings of Fact, Conclusions and Resolution to approve the Development Agreement between the City and MG Eagan for the acquisition of properties and redevelopment of the area bounded by 35E, 494 and Blue Gentian Road. Aye: 5 Nay: 0 NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT - PUBLIC HEARING TO CONSIDER THE USE OF EMINENT DOMAIN TO ACQUIRE THE CEDARVALE MALL AT THE REQUEST OF ITS OWNER Community Development Director Hohenstein noted that due to an error which occurred in the publication of notice for this item, the public hearing needs to be continued to the March 21 Economic Development Authority meeting. Commissioner Carlson moved, Commissioner Maguire seconded a motion to continue to March 21, 2006 the Public Hearing to consider the use of eminent domain to acquire the Cedarvale Mall at the request of its owner, Cedar Grove Properties, as outlined in the Cedar Grove Redevelopment TIF Development Agreement between the City and Schafer Richardson. Aye: 5 Nay: 0 OTHER BUSINESS There was no other business. The Economic Development Commission recessed at 7:50 p.m. to immediately convene an Executive Session. ADJOURNMENT Commissioner Carlson moved, Commissioner Tilley seconded a motion to adjourn the meeting in conjunction with the City Council meeting at 7:50 p.m. Aye: 5 Nay: 0 Agenda Memo Eagan Economic Development Authority Meeting March 21, 2006 1. CEDAR GROVE REDEVELOPMENT DISTRICT - PUBLIC HEARING TO CONSIDER THE USE OF EMINENT DOMAIN TO ACQUIRE THE CEDARVALE MALL AT THE REQUEST OF ITS OWNER, CEDAR GROVE PROPERTIES, AS OUTLINED IN THE CEDAR GROVE REDEVELOPMENT TIF DEVELOPMENT AGREEMENT BETWEEN THE CITY AND SCHAFER RICHARDSON ACTION TO BE CONSIDERED: To hold the Public Hearing to consider the use of eminent domain to acquire the Cedarvale Mall at the request of its owner, Cedar Grove Properties, as outlined in the Cedar Grove Redevelopment TIF Development Agreement between the City and Schafer Richardson and to direct the preparation of findings of fact to approve (or deny) authorization to continue with acquisition. FACTS: • At its meeting of February 7, 2006, the EDA and City Council scheduled a public hearing to consider this matter. • Notice publication timelines caused the item to be continued to the March 21, 2006 EDA meeting. • City Staff and the property owner remain in discussions regarding details of the potential implementation of the action. As a consequence, background information and attachments relative to this item will be distributed on Monday, March 20. ATTACHMENTS: • To be distributed on Monday, March 20. ~'g Agenda Information Memo Eagan Economic Development Authority Meeting March 21, 2006 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting. RELEASE AND HOLD HARMLESS AGREEMENT The City of Eagan March 21, 2006 a Minnesota municipal corporation Henry and Herty Jandewerth 1705 Walnut Lane Eagan, MN. 5512 This Release and Hold Harmless Agreement entered into on the date hereinbefore noted, by and between the City of Eagan, a Minnesota municipal corporation, (the "City"), and Henry and Herty Jandewerth, (the "Owners"), all collectively referred to as the Parties. WHEREAS, the Owners own certain real property located at 1705 Walnut Lane, in the City of Eagan (the "Property"); and WHEREAS, on or about March 1, 2005, certain trees located within Johnny Cake Ridge Rd public right-of-way adjacent to the Property were trimmed by the City; and WHEREAS, the Owners contend that some of the trimmed trees require replacement and have filed a claim for damages against the City; and WHEREAS, the Parties desire to enter into this Agreement whereby the City will pay for the purchase, delivery and installation of four (4) replacement trees by a nursery selected by the Owners and the Owners will release the City from any and all liabilities, warranties or claims, including those that have resulted or may result from said tree trimming and replacement tree installation. NOW THEREFORE, in consideration of the mutual promises herein and intending to be legally bound hereunder, the Parties agree as follows: 1. Settlement Amount. The City agrees to pay an amount up to a maximum of One 1 Thousand Four Hundred and Forty Dollars and no Cents ($1,440.00) based on a written quote from the nursery for four (4) replacement trees on the Owner's Property, said payment to be made jointly to the Owners and to their selected tree nursery, said payment to cover reimbursement for an initial consultation, purchase, delivery and, installation with one year warranty provided by the nursery for four (4) #20 container sized Black Hills Spruce Trees at the Owners' address referenced above. The Parties agree and acknowledge that the payment by the City is not and is not to be construed as an admission of any wrongdoing on the part of the City, or its employees and agents. 2. Waiver and Release. The Owners hereby waive and release and hold harmless the City, its officers, agents, and employees, from and against any and all claims and causes of action, known and unknown, including any and all claims and causes of action caused by, arising out of, resulting from, or in any way connected with the tree trimming by the City on the Property. Nothing contained herein shall limit or otherwise affect the City's statutory immunity and limitation of liability. 3. This Release shall be interpreted according to Minnesota law without regard to the conflict of laws rules or statutes of any jurisdiction. It is to be construed as broadly and inclusively as is permitted by relevant Minnesota law. If any portion of this document is held invalid, the balance shall continue in full force and effect. THE CITY OF EAGAN OWNERS A Minnesota municipal corporation Pat Geagan Its: Mayor Henry Jandewerth Mira Pepper Its: Deputy City Clerk Heny Jandewerth 2