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09/26/2006 - City Council Regular~. ~, ~~ ' ,t *. Y...,~~. t.~ AGENDA ~ EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING September 26, 2006 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE ~ ~ II. ADOPT AGENDA (At approximately 8:00 p. m. the Council will take a short recess) • III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA Z A. APPROVE MINUTES I~ B. PERSONNEL ITEMS p• ~$ C. APPROVE CHECK REGISTERS p • 19 D. APPROVE 2007 - 2011 CIP Part II Vehicles and Equipment • Z E. APPROVE 2007 General Facilities Renewal and Replacement Fund Budget •Z F. APPROVE the 2008 Fee Schedule for the Eagan Community Center ~• 3'S G. APPROVE change to the 2006 fees and charges pertaining to commercial and fund raising use of public facilities 'P• 3~ H. AUTHORIZE participation in Dakota -Goodhue Biozone Program Application P• 3$ I. APPROVE Joint Application with Dakota County and other area agencies for a Blue Cross Blue Shield "Communities on the Move" grant P J 1 J. APPROVE extension of a Conditional Use Permit on Lot 1, Block 1, Spectrum Business Park P (~ ~ K. APPROVE Final Plat and Vacation of Easement - Halley's 2"a Addition - A Final Plat to combine two lots (Lots 4 . and 5, Block 1, Halley's Addition) into one lot located at 4861 Biscayne Avenue in the SE '/< of Section 36 ~ Y L. Removed • M. ACKNOWLEDGE completion and authorize City maintenance of Project 04-K (Woodland Place) P, 4~ N. PRESENT assessment roll and schedule public hearing for Project 931 (Art Rahn / Hillandale Additions -Street Q Revitalization) P ~ O. PRESENT assessment roll and schedule public hearing for Project 930 (Silver Bell Road -Street Rehabilitation) ,D C~ 1fn P. Q. AUTHORIZE membership in Minnesota Coalition of Stormwater Cities (LMC) ACKNOWLEDGE completion and authorize City maintenance of Project 04-U (Thorpe Woodland 3ra) ID~ R. RECEIVE petition and order public hearing for easement vacation (Outlot A, Riverpark Office Center) PC,,~j S. APPROVE Final Payment and Authorize City Maintenance of Contract OS-03, Well No. 21 ~~ T. APPROVE 2007 Eagan Convention and Visitors Bureau Budget P ~1 U. ACKNOWLEDGE 2006 / 2007 Technology Working Group Roster and thank 2005 / 2006 Members V. PUBLIC HEARINGS VI. OLD BUSINESS P (p3 A. PLANNED DEVELOPMENT AMENDMENT, PRELIMINARY SUBDIVISION -Marion Addition -Marion ' Ansari (homeowner) - A Planned Development Amendment to allow a second lot and a Preliminary Subdivision of 1.78 acres to create 2 lots located at 4365 Capricorn Court on Lot 5, Block 2, Wilderness Park Third Addition in the NE '/. of Section 27. VII. NEW BUSINESS Q,~ A. ORDINANCE AMENDMENT -Chapter 13, Park Dedication P 85 B. ORDINANCE AMENDMENT -Chapter 11, Mechanical Screening VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY There will be no formal EDA meeting, but the Council will be asked to /told an executive session as tlae EDA to consider negotiations for the acquisition of the Marsha Ellingson property at 3900 Cedarvale Drive and to discuss Grand Slam relocation negotiations. X. ADMINISTRATIVE AGENDA XI. VISITORS TO BE 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. City of Evan Ncmo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 22, 2006 SUBJECT: AGENDA INFORMATION FOR SEPTEMBER 26, 2006 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the September 26, 2006 City Council agenda, the following items are in order for consideration. Agenda Information Memo September 26, 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 August 22, 2006 and August 29, 2006 Special City Council meeting and the September 5, 2006 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the August 22, 2006 Special City Council meeting are enclosed on pages 3 through ~, • Minutes of the August 29, 2006 Special City Council meeting are enclosed on pages through 8 • Minutes of the Se tember 5, 2006 regular City Council meeting are enclosed on pages Q through ~ ~ . 2 MINUTES SPECIAL CITY COUNCIL MEETING AUGUST 22, 2006 5:30 P.M. EAGAN ROOM -EAGAN MUNICIPAL CENTER CRAFT City council members present: Mayor Geagan, Council members: Carlson, Fields, Tilley, Maguire. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Administrative Services Director VanOverbeke, Chief Financial Officer Pepper, Community Development Director Hohenstein, Public Works Director Colbert, City Engineer Matthys, Communications Director Garrison, Parks & Recreation Director Johnson, Police Chief McDonald, Fire Chief Scott, Campus Facilities Manager Vaughn, Superintendent of Streets & Equipment Struve, Superintendent of Operations Mesko, Police Lt. Johnson, Police Lt. Pike, Administration Intern Ziemer, and Finance Intern Nicklay. I. ROLL CALL AND AGENDA ADOPTION Mayor Geagan called the meeting to order at 5:32 p.m. Council member Fields moved; Councilmember Tilley seconded a motion to adopt the agenda as presented. Aye: 5, Nay 0. II. There were no visitors to be heard. VISITORS TO BE HEARD III. CONSENT A. ECONOMIC DEVELOPMENT AUTHORITY - Cedarvale Mall property management service contract with. Griffin Companies. President Geagan convened a meeting of the EDA. EDA adopted a resolution, approving the property management service contract with Griffin Companies for the operation of the Cedarvale Mall property. Commissioner Tilley moved; commissioner Field seconded the motion. Aye: 5, Nay: 0. Meeting of EDA adjourned. IV. 2007 PROPOSED CIVIC ARENA BUDGET City Administrator Hedges introduced the 2006-2007 proposed civic arena budget, including a slight ($5/hour) increase in ice rental rates, and the 2006-2007 capital outlay improvement budget. Administrator Hedges stated council approval of the arena budget was necessary as the 3 ®RAFT 2006-2007 skating season was already underway. Hedges also said that the new rates remain competitive with hourly ice rental rates for surrounding communities. Councilmember Fields moved; Councilmember McGuire seconded motion to approve 2006-2007 hourly ice rate increase, the 2006-2007 civic arena budget, and the 2006-2007 capital outlay improvement budget. Aye: 5, Nay: 0. Administrator Hedges stated that in 2007 the Eagan Hockey Association will pay off its $500,000 commitment pledged for construction of the east arena. Councilmember Carlson asked that city staff ensure that net profits are put back into the budget. Administrative Services Director VanOverbeke stated that excess profits remain in the fund. Councilmember McGuire requested city staff present aside-by-side comparison of Cascade Bay and Civic Arena shared FTE personnel. V. 2007 PROPOSED TAX LEVY AND GENERAL FUND OPERATING BUDGET City Administrator Hedges thanked staff for their hard work on the budget, especially finance intern Nicklay for his work in the process. Administrator Hedges stated that staff used a new format for the 2007 city budget, using performance indicators and highlighting reasons for changes to department budget items. Councilmembers Carlson and Acquire noted the changes made the budget easier to read and follow. Administrator Hedges stated that overall city taxes payable on an average valued home of $278,021 in 2007 will decrease from $709 to $684. Councilmember Carlson asked city staff to create a chart showing city compared with surrounding communities. Administrative Services Director VanOverbeke stated once rates for other cities became available a chart would be created. Councilmember Carlson and McGuire also asked for additional information on average appreciation rates on Eagan homes, not attached to average market values in order to project trends community wide. Administrator presented reviewed reasons for 2007 budget increases, citing the largest increase is the result of COLA and step increases on existing staff. Hedges also stated that health insurance costs continue to be an ongoing concern. Administrator Hedges also presented for discussion market value homestead credit (MVHC), requesting direction from council members as to how they wish city staff to proceed. Hedges stated that statutory requirements call for cities to receive MVHC again. Hedges said current state budget forecasts look good, which would indicate MVHC would be paid out, which for the city would total $840,000 in the general fund. Hedges stated city staff included the $840,000 in the proposed 2007 general fund operating budget, and without it, the city may have to levy that amount back. Mayor Geagan and the council questioned what if the legislature decided not to pay the MVHC. Councilmember Carlson requested city staff to contact other cities to find out whether or not they intend to levy the MVHC amount or budget it. Administrator Hedges stated city staff would inquire as to the intentions of other cities, and prepare budget alternatives. Hedges stated the worst case scenario is if the city certifies the tax levy at the current proposed CRAFT level and then does not receive MVHC, the city would be unable to levy for it. Another potential scenario presented would be if the state legislature imposed levy limits in 2008. Councilmember McGuire stated that the city needs to approve by Sept. 5 the tax levy it intends certify. McGuire said the city can only decrease that amount after that date. Administrative Services Director VanOverbeke stated that once a tax levy is certified, that is the amount collected. Administrator Hedges said that if the council decided to raise the levy and MVHC was received, the city would set aside the MVHC money. Administrator Hedges asked the council to reaffirm or modify its determination on the use of the Fund Balance as a contingency for operations and as a savings account. Mayor Geagan and council members concurred the Fund Balance should continue to be used in that manner. Administrator Hedges presented for discussion department budgets. Mayor Geagan convened a 15 minute break at 6:45 p.m. Mayor Geagan re-convened the special city council meeting at 7 p.m. Mayor Geagan asked that city staff look into salary compensation of council members, stating Eagan is the eighth largest city in Minnesota but salaries of council members is not commensurate with the size of the city. Councilmember Carlson stated that staff should look into an increase in reimbursement and expense accounts, rather than salary increases. Carlson expressed concern over salary increases so that people would still see mayor and council as voluntary positions. Under the proposed administration department budget, Mayor Geagan questioned the IT budget regarding phones. Administrative Services Director VanOverbeke stated that the telephone system is nearing the end of its useful life and that the costs associated with the phones is for 24/7 maintenance on the system, which includes voicemail updates. Mayor Geagan stated that the increasing maintenance costs may indicate need for a new system. Administrator Hedges stated that the increasing costs for legal services is due to additional legal activity regarding legal consultation with the city's lawsuit against the MAC, and ongoing complexities regarding redevelopment projects in the city. Councilmember McGuire asked whether or not the League of Minnesota Cities (LMC) helps cover legal fees for cities. Administrative Services Director VanOverbeke stated that LMC does reimburse cities for some legal costs covered by insurance. Administrator Hedges stated that developers are billed back for legal services as part of project escrow accounts. Administrator Hedges presented addition of $6,700 to Community Development department budget for membership in new Economic Development Commission/Addition of Dakota Future. Community Development Director Hohenstein stated that membership would benefit the city more than an additional staff person, citing the make up of the new organization would be made up of a mix of community development professionals, chambers of commerce, and other business organizations. Councilmember McGuire asked that city staff provide additional information allowing the city council to make a final membership decision at a later date. s IDRAFT Mayor Geagan questioned the 40 percent increase in asphalt prices, resulting in reduction of quantities of bituminous purchased for street repairs in 2007. Public Works Director Colbert stated the main factor is the increase in energy costs. Colbert stated the city is trying to get away with less patching by using a new spray injection that catches and prevents potholes before they form. Mayor Geagan asked if the spray injection equipment could be rented or leased out to other communities. Superintendent of Streets & Equipment Struve stated the city currently uses equipment nearly every day. Administrator Hedges presented the Parks & Recreation Department budget as two separate budgets -park maintenance and recreation administration. Mayor Geagan wondered why expenditures increased only 15 percent while revenues were up 41 percent. Parks & Recreation Director Johnson cited a combination of factors, including programs reaching capacity. Those programs were seeing an increase in revenue without increasing expenses. Administrator Hedges said additional information requested by the council, including what other cities are doing regarding market value credit and levying taxes, would provided at the Sept. 5 regular council meeting. Administrator Hedges thanked staff for their work on the budget process to date. VI. OTHER BUSINESS Mayor Geagan reviewed council meeting procedures, asking that council members raise their hands if they wish to ask a question or address an issue, and when done speaking say "thank you mayor" so the mayor knows they are finished. Councilmember Carlson concurred, adding no one else should speak while another council member is making a motion. VII. ADJOURN Councilmember Fields moved; Councilmember Tilley seconded a motion to adjourn at 8:05 p.m. Aye: 5, Nay: 0. MINUTES SPECIAL CITY COUNCIL MEETING AUGUST 29, 2006 5:30 P.M. EAGAN ROOM -EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, Maguire, and Tilley. City staff present: City Administrator Hedges, Director of Administrative Services VanOverbeke, Director of Parks and Recreation Johnson, Superintendent of Operation Mesko, and Superintendent of Parks Olson. I. ROLL CALL AND AGENDA ADOPTION Mayor Geagan called the meeting to order. Councilmember Maguire moved; Councilmember Fields seconded a motion to adopt the agenda. Aye: 5; Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. PARKS AND RECREATION CIP City Administrator Hedges introduced this item and provided background on the City's Capital Improvement Program and the nature of the Part III Parks and Recreation programming. Mayor Geagan asked the members of the APrC to stand and introduce themselves. APrC Chair Dorothy Peterson presented background on the preparation of the proposed 2007 - 2011 Parks and Recreation CIP. She noted the relationship of the CIP to the 20-20 Plan and the use of the newly developed "Inclusion Criteria" as a means of categorizing projects and funding, and better defining eligibility for consideration of projects into the proposed CIP. Chair Peterson also presented an overview of the specific projects proposed to be included in the 2007 budget year of the 5-year CIP and of the 5-year funding summary included in the packet materials. Director Johnson, Superintendent Olson, and Chair Peterson responded to City Council questions regarding various proposed projects and also discussed the continued emphasis on developing and enhancing partnerships with other stakeholders. Chair Peterson called the City Council's attention to the list of potential capital improvement projects that were incorporated for reference, but not proposed to be included in the 5-year CIP primarily because of funding considerations. Alighting and irrigation project at Dakota Hills 7 Middle School, proposed by the Eagan Athletic Association, was brought to the Council's attention, but not included in the CIP because the School District has not formally committed to the project. It was also noted that there is not a very large appropriation in the CIP for land acquisitions. After discussion, the City Council reaffirmed their earlier direction to the APrC to continue seeking alternative funding sources and to begin the discussion of a possible referendum that may take years of planning. In the consideration of a referendum and alternative funding sources the APrC is to separate potential acquisitions from on-going park and recreation needs. The City Council directed that the 2007 - 2011 Parks and Recreation CIP be placed on the September 5, 2006 Consent Agenda for formal adoption. IV. PATRICK EGAN PARK MASTER PLAN UPDATE City Administrator Hedges introduced this item, provided background, and asked Chair Peterson to present additional information to update the City Council about the conceptual plans for Patrick Egan Park as they are being created and refined through the development of the master plan. She provided additional background about the process to date noting that two issues were at the forefront for City Council consideration and direction at this time; first, what is the appropriate relationship between the Art House and the Patrick Egan Park, and second, the conceptual ideas call for the Deerwood House to go away. Mr. Stephen Wensman of Hoisington Koegler Group Inc.discussed the development of guiding principles through working with stakeholders, outlined what the alternative ideas being presented to the City Council meant, presented conceptual drawings, and answered questions about the process and the alternatives. After considerable discussion the City Council directed that future planning show one Park multi-use building that includes space for "Art House" programs, restrooms, meeting rooms, and other public spaces. Separate entrances would provide a defined use to the building. One building can be expanded as art programs and other public uses grow. Staff was directed to prepare a blob footprint to be presented to the APrC, the public, and City Council incorporating the direction from this meeting. The City Council agreed that it is okay to remove the Deerwood House through implementation of the master plan and the master plan concepts can be further developed with that understanding. V. OTHER BUSINESS There was no other business for discussion. VI. ADJOURNMENT Councilmember Fields moved; Councilmember Tilley seconded a motion to adjourn at 6:55 p.m. Aye: 5; Nay: 0 8 MINUTES OF A REGULAR MEETING OF THE ~~ EAGAN CITY COUNCIL ~ Eagan, Minnesota September 5, 2006 A Listening Session was held prior to the regular City Council meeting on September 5, 2006 in the Eagan Room. Stephanie Favre, Becky Kruenegel and Jane Peterson, residents of Westin Hills Drive (along the Inver Grove Heights border) discussed their concerns regarding a paved trail that is proposed to be installed in Inver Grove Heights, adjacent to their property. They stated they had approached the Inver Grove Heights Mayor and Council, but felt their concerns were not being considered. They requested that Council write a letter to the Inver Grove Heights City Council on their behalf requesting their concerns be addressed. Council directed staff to research any agreements that the City may have with Inver Grove Heights and draft a letter for Council. A regular meeting of the Eagan City Council was held on September 5, 2006 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councihnembers Carlson, Fields, Tilley, and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert, City Planner Mike Ridley, City Attorney Mike Dougherty, and Administrative Secretary /Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that under the Administrative Agenda the noise analysis by Orfield Laboratories would be discussed. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: S Nay: O RECOGNITIONS AND PRESENTATIONS Councilmember Carlson moved, Councihnember Maguire seconded a motion to approve the appointment of Jim McDonald as Chief of Police with a start date of September 6, 2006. Aye: 5 Nay: 0 Mayor Geagan administered the Oath of Office to Chief of Police Jim McDonald The Oath of Office was administered to 14 newly appointed Fire Fighters. CONSENT AGENDA It was noted that item S would be pulled for discussion and item FF would be continued to the September 25, 2006 Council meeting. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the consent agenda as amended. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the August 15, 2006 regular City Council meeting as presented. B. Personnel Items. L It was recommended to approve the hiring of Jonathan Moore, Sports Program Assistant. 2. It was recommended to ratify the appointment of Acting Chief of Police McDonald as Chief of Police. 3. It was recommended to approve the Police Department reorganization as presented. C. Check Re isters. It was recommended to ratify the check registers dated August 17, 2006, August 24, and August 31, 2006 as presented. D. Tobacco License. It was recommended to approve a Tobacco License for Shana Yang, Sixty One Stop, 3575 Pilot Knob Road. E. Tobacco License. It was reconunended to approve a Tobacco License for Melina P. To, Liquory of Eagan, LLC, 1629 Lena Court #105. 9 Eagan City Council Meeting Minutes ~ n~ September 5, 2006 !T Page 2 F. Pulled Off-Sale Liquor License. 1t was recommended to approve a change in business structure of off-sale liquor license from Melina P. to, dba MT Liquory (Sole Proprietorship) to MT Liquory of Eagan, LLC, dba MT Liquory at 1629 Lena Court # 105. G. 2006 Fee Schedule. It was recommended to amend the 2006 Fee Schedule to revise quarterly community and signal lights user fees within the street lighting utility as follows: • R1/R2 $1.75 • R3 1.40 • R4 1.03 • Non-residential 7.02 H. Reconve~ance of Tax Forfeit Parcel. It was recommended to approve the reconveyance of tax forfeit parcel 10-57504-010-00, Outlot A Pilot Knob Heights S~' Addition to the State of Minnesota. I. Amendment to Budget. It was recommended to approve an amendment to the 2006 General Facilities Renewal and Replacement Budget. J. D.A.R.E. and Police Liaison Services Agreement. It was recommended to approve the D.A.R.E. and Police Liaison Services Agreement with ISD 196 for the 2006-2007 School Year. K. Final Payment. It was recommended to approve the final payment for Contract #06-06 in the amount of $2,000 to Harris Miniature Golf Courses, Inc. for the completion of Cascade Bay's Captain's Course Golf Course. L. Lease. It was recommended to approve the 2006 lease between the Dakota Center for the Arts (Eagan Art House) and the City of Eagan for the premises at 3981 Lexington Avenue and authorize the Mayor to execute the appropriate documents. M. Letter of Understanding. It was recommended to approve the Letter of Understanding with Health Partners to continue the Health Partners Frequent Fifiess Program for eligible members of the Eagan Community Center and authorize the Mayor to execute the appropriate documents. N. Community Development Block Grant Sub-recipient Agreement. It was recommended to approve the Community Development Block Grant (CDBG) Sub-recipient Agreement for the City's 2006-2007 CDBG Program with the Dakota County Community Development Agency (CDA). O. Modification of Conditions -Manley Commercial. It was recommend to modify the conditions of approval for Preliminary and Final Planned Development for Manley Commercial Addition to include airport noise attenuation standards, upon approximately 24.6 acres (Outlot N, Lone Oak) located south of O'Neill Drive and I-494 and West of Argenta Trail in the NE'/4 of Section 1. P. Schedule Public Hearine. It was recommended to approve a resolution calling for a public hearing to establish the Cedar Bluffs Housing Improvement Area and approving the Cedar Bluffs Housing Improvement Fee. Q. Findings of Fact. It was recommended to adopt the Findings of Fact, Conclusions and Resolutions of Denial for a Variance to exceed 576 square foot detached accessory structure limitation fora 768 square foot detached garage for property located at 3220 Random Road in the NW '/. of Section 12. R. Extension for Recording Final Plat. It was recommended to approve a 90 day extension of time to record the final plat for Oakview Center 2"d Addition, located south of Lone Oak Road and north of Highway 55 in the NW '/, of Section 12. S. Pulled for Discussion. Planned Development -Modification. T. Project 778. It was recommended to approve a Traffic Control Signal Agreement for Project 778 (Trunk Highway 149 -Street Upgrade) with the Dakota County Transportation Department and authorize the Mayor and City Clerk to execute all related documents. U. Contract 06-09. It was recommended to receive the bids and award Contract 06-09 (Nicols Road - Sidewalk), including the alternate bid (Blackhawk Hills Road -Sidewalk), including the alternate bid (Blackhawk Hills Road -Sidewalk) to O'Malley Construction, Inc. in the total amount of $111,115.29, and authorize the Mayor and City Clerk to execute all related documents. V. Contract 06-08. It was recommended to approve the plans and specifications for Contract 06-08 (North Ridge Drive and Sibley Terminal Industrial Park Storm Drainage Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, September 28, 2006. W. Project 05-C. It was recommended to acknowledge the completion of improvements for City Project No. 05-C (Pearlmont Heights) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. io Eagan City Council Meeting Minutes September 5, 2006 Page 3 RAFT X. Project 778. It was recommended to approve an Easement Agreement for Project 778 (TH 149 Upgrade - Street Upgrade and Trail Improvements) with the owner of Parcel No. 10-15501-050-02 and authorize the Mayor and City Clerk to execute all related documents. Y. Project 926. It was recommended to receive the Final Assessment Roll for Project 926 (Saddlehorn/ Sunset/ Northview Meadows -Street Overlay) and schedule a public hearing to be held on October 3, 2006. Z. Project 927. It was recommended to receive the Final Assessment Roll for Project 927 (Meadowland ls` / Beaver Dam Road/ Suncliff 15S - 5~' -Street Overlay) and schedule a public hearing to be held on October 3, 2006. AA. Proiect 932. It was recommended to receive the Final Assessment Roll for Project 932 (Whispering Woods, Slater Acres, Slater Road -Street Overlay) and schedule a public hearing to be held on October 3, 2006. BB. Project 933. It was recommended to receive the Final Assessment Roll for Project 933 (O'Leary Lane, Golfview Drive, Town Centre Drive -Street Overlay) and schedule a public hearing to be held on October 3, 2006. CC. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements within Lot 1, Block 1 Eagandale Corporate Center No. 4 and Schedule a public hearing to be held on October 3, 2006. DD. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements within Lot 2, Block 1, Eagandale Office Park 5~' Addition and schedule a public hearing to be held on October 3, 2006. EE. Resolution - Infiltration/Inflow Reduction Program. It was recommended to approve a resolution implementing an Infiltration /Inflow Reduction Program and authorize the Mayor and City Clerk to execute said resolution. FF. Final Subdivision and Final Planned Development. Final Subdivision (Red Pine Crossing) to create two lots and a Final Planned Development to allow three commercial retail buildings on approximately 9.82 acres located south of Red Pine Lane and east of Highway 3 in the SE'/4 of Section 36. CONTINUED TO 9/25 GG.2007-2011 Parks and Recreation CIP. It was recommended to approve the 2007-2011 Parks and Recreation CIP as presented. S. Modification to an approved planned development condition to allow full on-sale liquor at 3240 Denmark Avenue (Lot 2, Block 1, Wings Addition). Public Works Director Colbert discussed amending a condition regarding the cross easement and access to the property. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve requests for modifications to the conditions of approval regarding on-sale liquor and site access in conjunction with the Planned Development approved for amulti-tenant retail building on Lot 2, Block 1, Wings Addition in the SE '/< of Section 10. Aye: S Nay: O OLD BUSINESS There was no old business. PUBLIC HEARINGS VARIANCE -ERIC DRENCKHAHN City Administrator Hedges introduced this item regarding a request for a variance to exceed the number of allowed detached accessory buildings, a variance to exceed the allowed square footage for detached accessory buildings, and a variance to allow a 192 square foot accessory structure that does not have finish materials, roof pitch or roof style similar to that of the principal structure located at 2811 Pilot Knob Road. City Planner Ridley gave a staff report. Eric Drenckhahn submitted letters from neighbors in support of the proposed variances. Eagan City Council Meeting Minutes ~ /1 September 5, 2006 /C'q ~'` Page 4 /` Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve a Variance to exceed the number of allowed detached accessory buildings located at 2811 Pilot Knob Road, subject to the conditions listed below. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Maguire seconded a motion to approve (or direct findings of fact for denial) a Variance to exceed the allowed square footage for detached accessory buildings located at 2811 Pilot Knob Road, subject to the conditions listed below. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Maguire seconded a motion to approve (or direct findings of fact for denial) a Variance to allow a 192 square foot accessory structure that does not have fmish materials, roof pitch or roof style similar to that of the principal structure located at 2811 Pilot Knob Road, subject to the following conditions: Aye: S Nay: 0 1. A pigeon permit application will be made within 30 days of the approval of these Variances. 2. If a pigeon permit is not obtained on a yearly basis, the three detached accessory buildings currently used for pigeon lofts must be removed within 30 days of expiration of the permit, and not replaced with any additional accessory buildings. 3. No additional pigeon loft space may be created within any other existing accessory building on the site. 4. The site is subject to periodic inspection by building code enforcement, animal control or health department staff. 5. A building permit must be obtained for the 192 square foot accessory building. Any applicable electrical permits will be obtained from the state. All building and electrical code requirements shall be met. 6. The site shall stay in compliance with all other City Code requirements. VACATION OF PUBLIC DRAINAGE & UTILITY EASEMENTS HERITAGE OF HIGHVIEW ADDITION City Administrator Hedges introduced this item regarding an easement vacation within Heritage of Highview Addition. He noted that it is recommended that the item be continued for formal consideration at the time of the final plat for the Highview Park Addition. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Carlson seconded a motion to. close the public hearing and continue consideration of the easement vacation until the time of formal consideration of the final plat of Heritage of Highview Addition. Aye: 5 Nay: 0 NEW BUSINESS CERTIFICATION OF PRELIMINARY 2007 BUDGET AND PROPERTY TAX LEVY AND SETTING TRUTH-IN-TAXATION HEARING DATES City Administrator Hedges presented the preliminary 2007 budget. Council held a discussion. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the preliminary payable 2007 property tax lery as follows: Aye: 5 Nay: 0 IZ Eagan City Council Meeting Minutes September 5, 2006 Page 5 General Revenue levy: General Fund Major Street Construction Fund Equipment Revolving Fund General Facilities Renew/Replace Fund MVHC/DCC Capital Subtotal -General Revenue lery Community Center bonds debt service Cedarvale Special Services District Total levy $19,067,200 1,247,812 905,440 134,010 950.100 22,304,562 1,198,523 3.000 $ 23,506,085 RAFT Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the preliminary 2007 General Fund expenditure budget, including contingency, of $25,354,200. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to set the initial Truth-in-Taxation Hearing date for Monday, December 4, with a continuation hearing date (if necessary) of Monday, December 11. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION (MARIAN ADDITION) -MARIAN ANSARI City Administrator Hedges introduced this item regarding a Preliminary Subdivision of 1.8 acres to create two lots, with a variance to the minimum lot width and street frontage requirements for properly located at 4365 Capricorn Place. City Planner Ridley gave a staff report. After discussion, Councilmembers concurred that buffering/screening should be required along the north and east property lines of the new parcel, adjacent to the park. The applicant was not present. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue, until the September 25, 2006 Council meeting, consideration of a Preliminary Subdivision of 1.8 acres to create two lots, with a Variance to the minimum lot width and street frontage requirements, for property located at 4365 Capricorn Place in the NE '/< of Section 27, due to the applicant not being present to discuss the proposed additional condition regarding buffering along the park property. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION AND PLANNED DEVELOPMENT AMENDMENT (YANKEE DOODLE PROFESSIONAL BUILDING) - MSP COMMERCIAL City Administrator Hedges introduced this item regarding a preliminary subdivision and final subdivision (Yankee Doodle Professional Building) of 3.58 acres to create 2 lots located at 15 ] 9Central Parkway. City Planner Ridley gave a staff report. Councihember Maguire moved, Councihnember Tilley seconded a motion to approve a Preliminary Subdivision and a Final Subdivision (Yankee Doodle Professional Building) of 3.58 acres to create 2 lots located at 1519 Centra] Parkway, in the SE '/. of Section 9, 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, B3, C1, C2, C4, D1, and E1. 2. The property shall be platted. 3. The developer should provide evidence of private ingress/egress easement, in a form acceptable to the City Attorney, between Lots 1 and 2 providing for shared access to Quarry Road prior to fmal subdivision approval. 4. A pedestrian connection shall be provided from Lot 2 to Yankee Doodle Road. 13 Eagan City Council Meeting Minutes September 5, 2006 ~~ Page 6 ~ C COMPREHENSIVE GUIDE PLAN AMENDMENT - ST. ELIZABETH ORTHODOX CHURCH !~ City Administrator Hedges introduced this item regarding a Comprehensive Land Use Plan Amendment to change the land use from RC, Retail Commercial to QP, Quasi-Public for a church on property located at 1581 Century Point. City Planner Ridley gave a staffreport. Councilmembers discussed the Guide Plan Amendment, the rezoning and the ability to potentially utilize adjacent parking. Councilmember Fields moved, Councilmember Maguire seconded a motion to direct staff to submit a Comprehensive Land Use Amendment to change the land use form RC, Retail Commercial to QP, Quasi-Public for a church on property located at 1581 Century Point in the SW '/4 of Section 9 to the Metropolitan Council for review. Aye: 5 Nay: 0 WINTER PARKING ORDINANCE REVISION DENMARK COURT EAST AND WEST AND DENMARK TRAIL EAST AND WEST City Administrator Hedges introduced this item regarding a petition requesting a revision to City Ordinance 9.09, Winter Season Parking. Public Works Director Colbert gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to receive a petition requesting a revision to City Ordinance 9.09 (Winter Season Parking) and direct staff to prepaze an amendment for further consideration. Aye: 5 Nay: 0 ORDINANCE AMENDMENT -CITY OF EAGAN City Administrator Hedges introduced this item regarding a proposed ordinance amendment to Chapter 11 to establish screening requirements for roof and ground mounted mechanical equipment. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to direct staff to prepare an Ordinance Amendment to Chapter 11 to establish screening requirements for roof and ground mounted mechanical equipment. Aye: 5 Nay: 0 LEGISLATIVE !INTERGOVERNMENTAL AFFAIRS UPDATE There were no items to be discussed. The City Council meeting was recessed at 7:45 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 7:50 p.m. ADMINISTRATIVE AGENDA City Administrator Hedges discussed the proposed noise analysis to be conducted by Orfield Laboratories and associated costs. Motion was made by Tilley, seconded by Fields to approve an additional expenditure for the noise analysis to be conduced by Orfield Laboratories. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. W Eagan City Council Meeting Minutes `~~ September 5, 2006 ~'/ Page 7 ADJOURNMENT Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 7:55 p.m. 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. 15 Agenda Information Memo September 26, 2006 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Planner-- ACTION TO BE CONSIDERED: To approve the hiring of Sarah Schield as a Planner. Item 2. Resignation/Clerical Tech III-Community Development-- ACTION TO BE CONSIDERED: To accept the letter of resignation from Jenny Hildebrandt, Clerical Tech III in Community Development. Item 3. Eagan Community Center Organizational Change/Advertisement ACTION TO BE CONSIDERED: To approve the proposed organizational change to the Eagan Community Center and authorize the advertisement of two full time Manager on Duty positions. FACTS: • The proposed organizational changes being recommended result from a review upon the resignation of the Community Center Manager. • The manager position was essential during the final construction and establishment of operational policies in the early years. • After three full yeazs of operation there is a better understanding of the amount of traffic, the daily needs of the building and the staffing needed to best meet those needs. • During the vacancy of the Community Center Manger from May to present, staff has had the opportunity to review and evaluate how best to meet the growing demands of the building. • The greatest need identified for the continued successful operation of the ECC is to have more front line staff to better meet the direct customer service demands. • The proposed organization changes will eliminate the Community Center Manager position. • Two full-time Manager on Duty positions are being proposed to provide front counter coverage during the hours of 5:30 am to 11:00 pm. One position will cover the early morning shift and the second will cover the evening shift to provide full-time staff presence in the building. Ib Agenda Information Memo September 25, 2006 Eagan City Council Meeting • The City Council reviewed these organizational changes on September 14 during the 2007 budget process and directed that the above referenced changes be brought back to the September 26 Council meeting for action. ~`I Agenda Information Memo September 26, 2006 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated September 7, 2006, September 14, 2006 and September 21, 2006 as presented. ATTACHMENTS: • Check registers dated September 7, 2006, September 14, 2006 and September 21, 2006 are enclosed without page number. is Agenda Information Memo September 26, 2006, Eagan City Council D. APPROVE 2007-2011 CIP PART II VEHICLES AND EQUIPMENT ACTION TO BE CONSIDERED: To approve Part II (Vehicles and Equipment) of the 2007 - 2011 Capital Improvement Program (CIP) FACTS: • The first year of this CIP (2007) is approved as a budget with the four out years (2008 - 2011) being approved only as a general plan. • For the most part, vehicles and equipment costing more than $10,000 are budgeted in this section of the CIP with items costing less than $10,000 budgeted in departmental operating budgets. • In 1993 the City Council established a policy whereby each year an amount is allocated to the Equipment Revolving Fund (ERF) for non- enterprise fund CIP Part II purchases. The allocation is based on an initial amount of $500,000 used in 1993 that is increased annually by population growth and inflation factors. The 2007 allocation was increased by 3.5% from the 2006 allocation to $965,574. An amount of $485,786 is being carried forward from 2006 generating a total available balance of $1,451,360 for 2007 purchases. • The ERF is funded through an annual ad valorem property tax levy. • The schedule for this approval is timed to allow for coordination with various.purchasing/bidding options to provide for the best possible prices, the necessary lead times for ordering the equipment, and the desire to place the equipment in service during 2007. Iq • A management meeting was held at which time staff from each department had an opportunity to discuss their proposals and challenge other department proposals in attempts to prioritize overall City capital equipment needs, the attached list of purchases totaling $1,783,600 from the ERF was reached by consensus. This allocation creates a carry forward deficit of $332,240 into 2008. The carry forward deficit results from the inclusion of $794,500 included in the Police Department to purchase the required radios for both Police and Fire related to the conversion to the 800 MHz radio system. The 2007 deficit will be financed through use of reserves generated over the years. The reserves result from savings through maximizing the City's resources by stretching equipment and vehicle use. • Additional work to clarify potential use of 9-1-1 balances to finance the radio acquisition or other eligible cost will be undertaken as transition to the DCC continues. That balance has not been suggested for use at this time pending the continuing development of the DCC operations and further clarification of City obligations. A potential lease option for acquisition of the 800 MHz radios will also be explored, if it becomes available. • The proposed 2007 Part II CIP does not address acquisition of 800 MHz radios for the public works operations which is also under study at this time. • A Fire Department request for $430,000 to purchase aRescue/Engine to replace two (2) older pieces of apparatus has been removed from the proposed 2007 Part II CIP. As previously noted, it is impractical to attempt to finance equipment, primarily Fire apparatus, in that cost range through the Equipment Revolving Fund. Staff is preparing to undertake a more comprehensive review of projected Fire Department needs including buildings (potential sale of Station 2 and relocation to a more desirable location) and equipment and to review other funding options, potentially including a bond referendum. A referendum would spread the cost over a longer period of time to more closely match the useful life of the facilities and equipment with the payment structure. Similar Fire apparatus replacement requests ($225,000 in 2008, $650,000 in 2009, and $500,000 in 2011) totaling $1,375,000 have also been removed from the summary to more accurately reflect the long-term financial position of this fund. Per the previous bullet point this change does not address the overall equipment need, but more realistically presents the operation of the Equipment Revolving Fund and how it has been intended to operate. 20 • Vehicles proposed for purchase were evaluated through the use of the Vehicle Acquisition, Use & Replacement Policy approved by the City Council in February of 2005. • The funding sources for the total 2007 Part II CIP allocation of $2,062,500 include $1,783,600 from the ERF, $258,000 from the City's Utility Fund, and $20,900 from retained franchise fees. ATTACHMENTS: • Attached on page 22 is a copy of the summary of the equipment proposed for 2007 CIP Part II purchase with the funding source for each item. • Attached on page 23 is a copy of the summary of the proposed 2007 - 2011 Part II CIP. zi R ~~ lV a0 N O O O O pOp N aD W ~~~~pp ppO ppOO p~pppl O O .~- ~NfV IVY 1pN Y w _N r O F H 2 ~ W Q5~ Q$~Q$~Q$~Q5~RQ5~ cj aS~S5252pp525X25 Y d ~ ~~ N N N~~ N O d,Wg azdN U W ~ J U_ Z V aN 01A OpO O FO11n 1~f~ OWD ~~~ ~ N N .r 1~r7~ ~N p~ p~p ~g~pp O N f n N p~ ~~ g~~~ ~p~p ~ g~~~~ Y N~ m~~~ ~ N N r~ ~ ~ u~j r ~ N N N N N m N ~ ~3 E 8~ m a~ N® b `~~cn 'Q w~ `~ ~~og ~_~ ~ ~ ~~~~ r9i ~ N <_ m E ~ ,~ ~ h ,~' ~ ~ d ~ ~ C ~ ~ ~ ~ ~a cn c ~ ~ E ~~~ qaf~ ~pj~U Ua y~~ a d ~7p ~~~$~q~1 fn C ~ .~ .~ G ~ ~ ~ ~ O d Z 61 2 Y ~c'Tc~c~a6c3~ ~ ~ ~ ~~a~ s-oo o d ~ .S2 zo'c~i~~~~~ z° ~ Uw ~~~~ " E ~ ~ J ~~ ~ a U ~ N ~ a °' h ~ ~ ~~ ~ ~~~ LL~ W!4 o0 ~ ~ add LL~ N a g m a aw ~ ter- a$ ~ a Sid M m 'S ~p• c Y N m ~ O c > '`~` in •Q ~ a > > W ~ ~ ~ L m ~m 2 m m o as E a.- H ~ 8 ~~ °a ~v`~cia~ 1n O D 0 0 0 0 cmi~in~HC~i~ p~ ~ N ~p~~~~~~ ~~~ ~~ N OrrNNN O+O~ W N N !~7 iN N as a YY~' $~ g <g OG:; ~~ b cNV cV Y p J N~ a LL ~~ ~~~ ~~ UU ~ U ~ ~~ E ~~c ~m O ~ N N ~~~ LLCLLpp (~p a~~ wa N N ~ ~ l0 • ~ ~ 7 ~ ~ i~/ f7 {'7 1`9 f77 O1 Y Y C ~ >j.77>j~ Y.St~ ~' aaaaaaa ~~~ ~~ ~ z ~~~~a~z~ ~~z w~ z° a ~ c U o q a R ~~ t ~ c~i v ~ E v ~ c E ~ ~ a° L ~ '~ 8 w ~ H ~ u zz a ~ `o ~ ~ y 3 I~ ~ p N O tO (D O 10 a7 N ' H ~ ~ N w N ~ WFF - S5 ~~QQ ~252S25 nw ~ ~ ~ ~ N ~ ~ Y h H g~ N E LL LL tLL v ~ a ~~ Q~ LL ~~_ ~'~< ~~ D~~~ m ~ W W ~S ~ ti~ $~ a 8~ 0 0 N O N N a d a a~ EC G V1 0 a_ a U ~ o O N N ti N a U C a o ~ N O ~ N N O 0 0 0 0 0 0 O O O O O O O O O O O ~ ' 0 0 0 0 0 0 OCA000~ ' O O O O M0000 O ~t O ~ 1~ I~ CA H ~ N O ~ ~ O) 1~ CD lL~ CAN CD CD 1~ 00 M et j{= O CDN000OCD rCnhCO O ~N r CD ~ r M N O O N r ~ O 1~ M CD M C ~ nj r r In CD ... 0 ~ ffl ER Cf3 ffl ffl Ei? r O N O O O O O O CO ' O ' st ' ' O ' O ' ' O ~ N ~ ti M 0 0 c d r N r r .~. O O O O r O ti ~ .-. O ~ ~ O O O ~ C10 N ~ ~ N _ ... r O O ~ ~t ~ M 1 1 O 0 0 ~' ' CO O O O ' ' ' r O r00N X00 N ~ OONS NM C ~' O' COD ' 0 0 ' N' 0 0 ~ N ~ ~~ O M M N N N r ~ ' O' M 0 0 0 ' CD ' C10 O O ~ N O N N C I~ M 1~ CO et N 0 N ~- O 0 0 0 0 0 0 O O O O 0 0 0 0 0 0 O O O lf) ' OCAr OO117 ' 000 ' ~ 1~ O O CD O ~t f~ O a r ~ cn f~N~ ~N N0N O N ~ C O V C .` O O d Z` O O C N ~c ~ -~~ ~ ~ ZT ~ O ~' ~ > > ~ >~ d EE ~m ~ U ~ EE_ n~ ~a;~a~ c~ 3 ~ ~, m. UUUa~.iia'in ~ o Ua~cn~ 69 I64 69 IEA d9 O O O CA ~ 0 ~ M N O O l~ ~C 7 N M oo O O t~ M N ~v O~ O N r 0 r v r O D v O O O I~ r CO et O ~ ~ ~ ~ M ~ ti ~ ~ M ~ ~ o" ti o vv r ~n v ~ ~ ~ ~ ~ 00 o rno rn 0 N ~ ~ 0 0_ «~ M °O °~ ~ ~ ~ ~ c D ~ a i r v r r r CI v CD ~ ~ ~s ~ ~ ~ ~ O I W o N ~ C O I c o N t70 C'7 to ~ ~- N N ~ ~ O ~' ~ - M ~ . CV r r . 6PJ EH EA 69 69 N ..+ O ~ O C fti LL O Q O N ~ Q ~ :r LL ~ a' ,~ ~ m LL O O W > tU LL W W N ~ i a rn W~ > O O ~ p W W ~ ~ ~ E N o ~ ~ H ~ d W c m ~~ QU U 0 N 0 0 0 N z3 Agenda Information Memo September 26, 2006, Eagan City Council E. APPROVE 2007 GENERAL FACILITIES RENEWAL 8~ REPLACEMENT BUDGET ACTION TO BE CONSIDERED: To approve the 2007 General Facilities Renewal & Replacement Budget FACTS: This fund was created in 1999 for the purpose of providing resources for renewal and replacement of general facilities; primarily non-enterprise fund infrastructure. Major renewal and replacement items such as roofs, parking lot improvements, and grounds enhancements are cyclical in nature and create budgeting problems when inserted into the annual operating budgets. An annual allocation of the tax levy which began in 1999 at $100,000 has been dedicated to the General Facilities Renewal and Replacement Fund except for payable 2004. For that one year the levy was redirected to the General Fund to assist in enabling the City to finance the 2004 operating budget following the 2003 budget cuts and constrained revenues available for use in the General Fund resulting from various State actions. • The allocation of the tax levy proposed for payable 2007 is in the amount of $134,010 and the available balance projected at 12-31-06 is $264,209. • The schedule for this approval is timed to allow for coordination with various purchasing/bidding options to provide for the best possible prices, the necessary lead times for undertaking the repairs and the desire to complete the activities during 2007. • A management meeting was held at which time staff from each department had an opportunity to discuss their proposals and challenge other department proposals in attempts to prioritize overall City needs, the attached list of purchases totaling $136,200 was reached by consensus. This allocation creates a carry forward balance of $272,019 into 2008. 24 ATTACHMENTS: • Attached on page 2' is a copy of the proposed 2007 General Facilities Renewal & Replacement Budget. • Attached on page ~ is a copy of the summary of the financial status of the General Facilities Renewal & Replacement Fund. 25 20-Sep-D6 GENERAL FACILITIES RENEWAL & REPLACEMENT 2007 BUDGET Estimated No. Item/Description Cost 1 Replacement/upgrade of lighting in the Parks Department workshop at the maintenance facility $ 12,000 2 Resurfacing of East & North parking lots at Municipal Center 45,000 3 Carpet replacement Police north stair tower 2,600 4 Carpet replacement City Hall 2nd floor corridor, waiting area and stairs 6,300 5 Rooftop screening equipment on Police building 11,700 6 Fire Administration lobby, stairwell, and training room painting 5,400 7 City Hall 1st floor security improvements 7,200 8 Re-side salt storage building 11,800 9 Seal coat and restrip parking lots and drives at Eagan Community Center and Moonshine Retreat Center 17,200 10 Replace two garage doors at Fire Station 4 17,000 Total $ 136,200 2(~ 20-Sep-06 General Facilities Renewal and Replacement Fund Total Cumulative Tax Accrued Fund Year Levy Interest Revenues Expenditures Difference Balance 1999 100,000 1,420 101,420 - 101,420 101,420 2000 100,000 6,008 106,008 193,801 (87,793) 13,627 2001 100,000 3,400 103,400 - 103,400 117,027 2002 105,000 9,271 114,270 19,952 94,318 211,345 2003 103,156 6,723 109,879 23,576 86,303 297,648 2004 - 5,421 5,421 8,289 (2,868) 294,780 2005 121,551 5,943 127,495 111,995 15,500 310,280 2006 Budget 127,629 10,000 137,629 183,700 (46,071) 264,209 2007 Budget 134,010 10,000 144,010 136,200 7,810 272,019 891,346 58,186 949,532 677,513 272,019 z~ Agenda Memo September 26, 2006 City Council Meeting F. APPROVE the 2008 Fee Schedule for the Eagan Community Center. ACTION TO BE CONSIDERED. To approve the 2008/2009 fee schedule for the Eagan Community Center as presented. FACTS: • The City Council generally reviews proposed fee schedule as part of their annual budget review. • The last change in rental fees occurred in 2005 for the 2006/2007 season. • Because reservations can be made 18 to 24 months in advance the number of requests for 2008 reservations is increasing resulting in the need to have a fee structure in place. • Prices are reviewed and compared each year to ensure that the community center is keeping pace with comparable facilities. • The proposed fees suggest no change to the rental rates for the Lone Oak Room, Performance Studio or Teen Center. • The fee schedule presented is designed to capture the banquet and meeting space market while providing moderately priced rental space options for residents. • Staff would also recommend that the rental rates be held for two years so that a systematic review and recommendation for rate changes occurs every even year. ATTACHMENTS: • Proposed Fee Schedule for 2008 and 2009 on pages ~~~ ~~ . • Facility comparisons on pages3 I.3~ . 2s BANQUET FACILITY North Central or South Oaks The Oaks (capacity 110) (capacity 350) 2oos/zoo~ 2008/2009` zoosi2oo~ '2008/2009 Sun-Thurs 8 am-11 pm 300 400 700 800 8 am-Noon 150 150 250 250 no change 1-5 pm 150 150 250 250 no change 6-11 pm 150 175 300 350 Patio* 100 100 100 100 no change Friday 8 am - 12:30 am n/a n/a 900 1,100 *patio included Saturday 8 am-12:30 am n/a n/a 1,200 1,450 `patio included MEETING ROOMS 2oosf2oo7.2008720.09>~` 1 Mtg room per hour Resident 14 16 Non-Resident 16 18 Reduced** 11 12 3 Mtg rooms Resident 35 40 Non-Resident 45 50 Reduced** 30 35 3 Mtg rooms (max) Resident 150 160 Non-Resident 180 200 Reduced** 120 140 Teen/Lone Oak Performance Resident 50 50 no change Non-Resident 55 55 no change 1/2 of Lone Oak 30 30 no change Reduced** 35 35 no change 1 /2 of Lone Oak** 20 20 no change Board Room Resident 17 20 Non-Resident 22 25 Reduced** 15 16 ZR **Reduced with B hour banquet rental GYMNASIUM Zoas~2oo~ per hour Parks R Recreation 20 Athletic Assoc. 30 Private 50 BIRTHDAY PARTY PACKAGES zoos~2oo7f2Q08T20U9 Blast 120 Teen 1 120 Teen 2 150 I~ a~ .~... o~ /~/~ y W ~.r w _ ~ i ~ N ~ o O N a ~ ~ ~ ~ ~ -a ~ ~ w ~ ° ~~ ~~ i ~ ~ ;~ ~ cn c ui c~ .~ ~• ~ o ~ ~z ~z L a ~:~. o ~ ~~ oo L U C ~ ~ o~~°nO ai °o ~ ~~ ~ oo° N ~ ;~ ~ ~ ~ ~ (f} ~ Ef} 6F} o ~ .~ ~ ~ ~ O ~ ~ ~ -~ N ~ ~ ([f O V -p •~ \ C N o ~ ~ ~ N N M C ~ Cfl U O _ r c ~ c~ c .N ~ }, • a .~ ~ ~ .N _ -7-~ L ~'~ OV~~ _Q ~ ~Q ~ V m rn ~ U c~ v~ ~ ~ a, c~ L ~ o ~ ~ a~ N M ~} ~ O N Y p U 69~ _,_, Ii = 'Q N ~ ~ ~ ~ ~ 3 V O O ~ U ~ ~ N ~ 0 ~ 0 ~ ~ ~ O ~ ~ 'c O a? ~ ~ 3~ ~ ca p~M co 3'~M ~ ~> ~M ~ e1/ L 0~ ~ V ~ C ~ Q ~ 0 ~ ~ Q U~~~ N W ~~ N 0:~~~ N tl1~(n N z~ m ~ N N ~ ~ O N ~ ~ O O (..) O ~ - O O ~. O N O O ~' Q N . ~ N O ~ 0 ~ O O O ~-. N .~ N ~ cn ~ N ~ ~ ~ ~ ~ (6 U ~ ~ ~ U ~ O ~ _ ~ '.' U O +~-~ ~ N . ~ O ~ ~ O .~ ~ O m m O ~ ~ i LL O O ~ ~ O Q O ~ K3 T- LO ~ ~ N c-~ ~ c~ O Efl .~ ~ ~ ~ ~ ~ ~ . U ~ ~ N O ~- .1 ~ (0 U F- ~ ~ O ,~ ~ V ~•-' t/~ ~ ~ 4- ~ Op N ~ ' L ~ O ~ ~ L ^ L N ~ ~ ._ i~ p _ O ~ ~ V O _ O C Q O O~ /1 ~~ O ~ .O ~ .V C ~ rn ~ d9 - ~ ~} N O N N ~~~ ~ 3 ~ v O ~ ~ ~ :~ LL ~ ~ 0 ~ N ~ ~ ~ .~ O N U ~ ~ .~+ fA N ~ to ~ ~ O ~ ~ V ~ ~ ~ C~~N ~ ~ ~~ ~ ~ ~~~ N •L C~ .N O ~~ U ~ O ~ ~ O G.. ~ co I- N . F- co ~ ~ N ~ c~ ~ O ~-+ 0 N N (~ O C O Agenda Memo September 26, 2006 City Council Meeting G. APPROVE change to the 2006 fees and charges pertaining to commercial and fund raising use of public facilities. ACTION TO BE CONSIDERED. To remove the "Use of Subsidized Park Facilities, Pavilions and Moonshine Retreat Center for Fund Raising or Commercial Profit Generating Activities" from the Parks and Recreation Department Policies and City of Eagan fee schedule. FACTS: ^ The Use of Subsidized Park Facilities, Pavilions and Moonshine Retreat Center for Fund Raising or Commercial Profit Generating Activities Policy was approved at the December 19, 2005 APrC meeting and subsequently approved by the City Council on March 6, 2006. ^ At the June 19, 2006 APrC meeting, Commission Member Danner raised a concern with the policy as it related to non-profit groups using park facilities to raise money and asked the APrC to review the policy. ^ Non-profit groups currently pay the same rate as all other users for rental of park facilities. ^ The current policy states: "Groups wishing to use a park, pavilion, or Moonshine Retreat Center for a fund raising or commercial profit generating activity will be charged a rate that is 15% higher than the public rental fee." ^ The additional fee was originally added to off-set part of the subsidy to these facilities. It also separated the City from any implied sponsorship of fund raising or commercial activities. ^ The APrC Recreation Subcommittee reviewed the policy and recommended that the Fund Raising and Commercial Profit Generating portion be removed. The APrC subcommittee felt that since there was no additional cost to the city based upon the type of event, the additional fee was not justified. The committee did not wish to establish separate pricing for non-profit groups. ^ The APrC recommends the removal of the "use of Subsidized Park Facilities, Pavilions and Moonshine Retreat Center for Fund Raising or Commercial Profit Generating Activities" from the Parks & Recreation Department Policies. ATTACHMENTS: None 33 Agenda Information Memo Eagan City Council Meeting September 26, 2006 Consent Agenda H. APPROVE A RESOULTION IN SUPPORT OF A BIO-ZONE APPLICATION FOR DAKOTA AND GOODHUE COUNTIES AND DESIGNATED PROPERTIES IN EAGAN. ACTION TO BE CONSIDERED: To Approve a Resolution in support of the Bioscience Zone application from Dakota and Goodhue Counties, and the specific properties in Eagan to be included in the application. FACTS: - The Minnesota Legislature found in Minnesota Session Laws 2003, ls~ Special Session, Chapter 21, Article 2, as a matter of public policy, that biotechnology and the health sciences hold immense promise in improving the quality of our lives in areas of food science, medicine, medical technologies, chemicals and alternative fuel sources and growing tens of thousands of new, high-paying jobs. - As such, the legislation established a Bio-Zone program that provided tax exemption and tax credits within a designated area or zone. A bio-zone provides a stimulus for bio- related businesses to cluster in an area and provides for significant cost savings due to exemptions from corporate franchise tax and sales tax on business purchases. It also provides an employment tax credit for high paying jobs and an improved research and development credit. - On January 1, 2003, one such Zone was established in three sub-zones of Minneapolis, St. Paul and Rochester that distributed $1 million in tax credits to nine companies. Additional funding was not authorized during the 2004-06 session and the program was temporarily closed. - The Minnesota Legislature Minnesota Session Laws 2006 Regular Session Chapter 276 (S.F. No. 3260) granted to the Minnesota Department of Employment and Economic Development the authority, in collaboration with the Minnesota Department of Revenue and the Office of Strategic and Long Range Planning, to re-open the application process for communities to designate properties as a Bioscience Zone and therefore becoming eligible for any future funding. - An application to establish a Bioscience Zone for properties in Dakota and Goodhue Counties is being prepared for submission to the Minnesota Department of Employment and Economic Development via the Dakota Future and the Dakota County CDA. Designated properties in Eagan would be considered asub-zone to this application. - The Dakota County CDA has agreed to be the zone administrator for the Bioscience Zone should our application for designation be approved and the City of Rosemount has agreed to be the legal applicant. - The application requires a resolution from each taxing jurisdiction that will be included in the proposed Bioscience Zone agreeing to provide sales and use tax exemptions for designated properties within the Zone. - No Dakota or Goodhue County cities currently have a local sales or use tax in place, therefore the proposed Zone would not impact current local revenue. If a sales tax was imposed at some time in the future, companies locating in the Bio-Zone and signing a business subsidy agreement would be exempt from these prospective taxes. - Staff is proposing to submit several vacant and underutilized properties in northeast Eagan that are adjacent or near the new Ecolab research facility including properties within Special Area No. 3 south of Lone Oak Rd and properties within the Northeast Redevelopment District along Highway 55 (see attached map). - The Bio-Zone benefits would only be applied if a qualified Bioscience business locates within one of the designated properties. If a business proposes to occupy a property in the area, but outside the designated Zone properties, a property can be exchanged through an amendment process. ATTACHMENTS: Draft Resolution on page 3`~ Map of proposed Eagan sub-zone properties on page CITY OF EAGAN DAKOTA COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION IN SUPPORT OF A BIO-ZONE APPLICATION FOR DAKOTA AND GOODHUE COUNTIES AND DESIGNATED PROPERTIES IN EAGAN WHEREAS The Minnesota Legislature found in Minnesota Session Laws 2003, IS` Special Session, Chapter 21, Article 2, as a matter of public policy, that biotechnology and the health sciences hold immense promise in improving the quality of our lives, including curing diseases, making our foods safer and more abundant, reducing our dependence on fossil fuels and foreign oil, making better use of Minnesota agriculture products, and growing tens of thousands of new, high-paying jobs. WHEREAS The Minnesota Legislature Minnesota Session Laws 2006 Regular Session Chapter 276 (S.F. No. 3260) granted to the Minnesota Department of Employment and Economic Development the authority, in collaboration with the Minnesota Department of Revenue and the Office of Strategic and Long Range Planning, to designate one or more Biotechnology and Health Sciences Industry Zones. WHEREAS the legislature further found that there are hundreds of discoveries made each year at the University of Minnesota, the Mayo Clinic, and other research institutions that, if properly commercialized, could help provide these benefits. WHEREAS the Bioscience Program created in Minnesota Session Laws 2003, 15t Special Session, Chapter 21, Article 2 allows for the formation of a Bioscience Zone; WHEREAS an application for Bioscience zone designation in Eagan is being prepared for submission to the Minnesota Department of Employment and Economic Development via the Dakota County CDA; therefore, BE IT RESOLVED that the City of Eagan, at its meeting held on the 26~' day of September, 2006, upon careful consideration and review, approves the specific areas proposed in the application for a Bioscience zone, approves of the use of tax exemptions and tax credits within the proposed zone (subject to proper review and approval by the other appropriate taxing authorities within the zones), and encourages the Minnesota Department of Employment and Economic Development to approve the Bioscience Zone Application being submitted by the City of Rosemount as applicant with the Dakota County CDA as zone administrator. BE IT FURTHER RESOLVED that the City of Eagan agrees to provide all of the local sales and use tax exemptions provided for under the Bioscience Zone . CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 26`s day of September, 2006. Maria Petersen, City Clerk 3~ •I K C ~ ~ ami a ~Ll W ~ 0 N !~ ~D n N O 7 ~D y O a 0 Q O N n N O 7 N N 9 0 N .o 0 N ~ ~ tD ~F,'~ r~ ,.~I 4~ s II, ~J. ,.1.L~, 1" J - C} ,N ~1 :L. t ~ ~ .~.. ..... J ~ ppp~~~---~~~°Lexington Ave"^'~"° .I -'41 i-n-..-i I - -`- ~ ~ ~ ~ - o'i~L - ~ •.;~i -n -~.- L ~ - ~ I n--,~-,-' ~ \ ~ I o~ .,~, _ ~c_ 1 ;~ ... f l -~ I~~' I III ~ ~~ ,i~ ~ \ I F - ~ ~ v-' _ ~ i ~ [ 1~ f a r~_ ~ I ~i~ c : `~:~~~\ ___ ,' J _. ~ ~'_~ '. \ Ulm ,, ~~~-%~ ,,,~ ~"' -~ ~ ~ r ~ ,`J ~ I , 1 ~ ~~ ~1 i ~ 1 ~ ~ { ~ ~,~ ~f r ,., , i -- _ ; I~ `` 13f , ~ ~- ~, . _ -- ;, ~_ r ~ = ~. .~'=: , I ~ ~ fir/ , / ~ ~ \~\, '% `'s`- -~ ~ ~ -. ~--- -~ , j . -- L ~~~ = t ~~ r p~`s°. ,: \ ~' ,r ~ X111 r _/ yh ~ i ~ I ~ ~` t^ ~'..'°~ y~-'.- ,may 1..~ , /,i ~ `~, f ~ j `\ ~Y1 i ~ ~:~ . .:, ,. a I ~ I/ -Y .. i _ - -~'~~1P ~ ~ -~ :, O' ~ ' ~'' s;. a i,,,l ~1 ~ 1~ -r•. i1 6 v} I t' - I~-_1 ~nl 4~ ~~ ~._ s t \ Cf _ ,1 ~~ _ T~~l~ ) ~/ rte. _.. ~ n.. ,~ ~. r -~--. ~ .'l~ ~ ~ /~ ~~ gym: !~ -~ ... ~~ ~ , °~h ~ ~ ~ m,.:~ _` \ ~` ~ .U ~~ d d~~~ ~-,~ ~.; ~{ r ~ 1 ~ J -. ; 1 ~ ~ ~ ~ A J.N ! / ~ ~'-n :. ,..t ~ _ _' "!6 ~~ ~ ~ ~ D ~ s~ ~~ ~, ,~ ~, .; 4'' i ,y! 7J ~ , •~ ~,- ~~ ~- ... ~ ; ,; := r ~ ~ ~ ~ ~ i % ( to ! - `°~~ = (r ~ ~. -~- - ~,,, ~. _ ~ :~f _ c 4, ~, _ .. ~. ~ mm ;p, ,_ ,_ ~ ,. .. ~ ~ r-~. ,,. .., -, ,....:, s ..~ _.~__a 1 _; ~. ,. ~ _ •, - - _ .. .y ..( i,y /s, rig. ~~ Agenda Memo September 26, 2006 City Council Meeting I. APPROVE Toint Application with Dakota County and other area agencies for a Blue Cross Blue Shield "Communities on the Move" grant. ACTION TO BE CONSIDERED. To approve a joint application with Dakota County and other area agencies for a Blue Cross Blue Shield "Communities on the Move" grant and authorize the Mayor to sign the letter of support. FACTS: ^ The City of Eagan is partnering with the Dakota County public Health Department, along with other county and municipal agencies, for a Blue Cross Blue Shield "Communities on the Move" grant application. Other agencies include the cities of Apple Valley, Hastings, Inver Grove Heights, Rosemount, South St. Paul, and West St. Paul. ^ $35,000 is being requested to fund program staff and promotion. Dakota County will act as the fiscal agent and provide staff to coordinate the program. ^ The grant will fund a program titled Dakota County Neighborhood Walking Program. ^ The primary audience for the program is sedentary or insufficiently active women ages 25-54. ^ All participating program partners will contribute a minimal amount of in-kind staff time to support the success of the program. A minimal role for each partner will be to assist in the program promotion and in recruitment of program participants. ^ Each partner may choose to develop or incorporate any number of facilities to enhance the program among the audiences they serve. Some examples include community festivals, national employee health and fitness, National Trails Day and National Night Out events. ^ The target date for this program is April-October 2007. ATTACHMENTS: None. 3~ Agenda Information Memo September 26, 2006 Eagan City Council J. EXTENSION OF CONDITIONAL USE PERMIT - 5PECTRUM DEVELOPMENT GROUP, LLC ACTION TO BE CONSIDERED: To approve aone-year extension of a Conditional Use Permit for a restaurant in the BP, Business Park zoning district, on property located at 1030 Blue Gentian Road, legally described as Lot 1, Block 1, Spectrum Business Park, in the NW '/4 of Section 2. FACTS: • The Conditional Use Permit was initially approved by the City Council on September 3, 2002, and received extensions on September 16, 2003, August 2, 2004, and August 16, 2005. • The applicant is requesting another one-year extension of the CUP approval. • A letter from the applicant dated August 15, 2006, states they are in the process of finalizing documents and architectural plans for the development of this lot. • With the one-year extension, the expiration date of the CUP will be September 3, 2007. ATTACHMENTS (1): Letter from Spectrum, page 3~ DEVELOPMENT GROUP, L.L.C. August 15, 2006 Mayor Pat Geagan Peggy Carlson, Councilmember Cyndee Fields, Councilmember Mike Maguire, Councilmember Meg Tilley, Councilmember 3830 Pilot Knob Road Eagan, Minnesota 55122 RE: Conditional Use Permit Lot 1, Block 1 Spectrum Business Park Restaurant Lot Deaz Mayor and Councilmembers: Spectrum Development Group, LLC respectfully requests an extension to its Conditional Use Permit on Lot 1, Block 1 Spectrum Business Park. Spectrum is in the process of finalizing documents and architectural plans for development of this lot. We look forward to working on yet another project in the City of Eagan and we do believe that it will be a great addition to the community. If you have any questions, please feel free to contact me. Thank you for your consideration. Si~ , . ~ ' hard . Mo ew ~~ resident Cc: Planning Department IQ(IU (31ui: (icntian Koai1 ®Juitt 13j ®Fasan. ~1N »I'! ~i I.c,?~.U~gU s F:ix (i~LtiiS?290 Agenda Information Memo September 26, 2006 City Council K. FINAL PLAT (HALLEY'S 2ND ADDITION) - MANLEY LAND DEVELOPMENT ACTION TO BE CONSIDERED: To approve the Vacation of easements and the Final Plat for Halley's 2na 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'/4 of Section 36. - Existing drainage and utility easements are proposed to be vacated. - A public hearing on the vacation was held on May 3, 2005, with action on the item continued until the time of final plat (Council meeting minutes attached). - New drainage and utility easements will be dedicated with the new plat, Halley's 2na Addition. - The final plat and easement vacation first appeared on the Council agenda on May 17, 2005. It was continued several times to allow astudy ofdevelopment/redevelopment issues in this area and to work toward a master plan approach to redevelopment in this area. - 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 (Red Pine Crossing) was submitted in December 2005 for property adjacent to the proposed Halley's 2na Addition site. Preliminary development approval for that project occurred in Apri12006. - Approval of the Halley's 2na Addition final plat and vacation of existing drainage and utility easements is now in order for City Council approval. ATTACHMENTS (4): Final Plat, Halley's 2na Addition, page Location Map, page Easements to be Vacated, page~~j~ City Council Meeting Minutes, May 3, 2005, page 41 i - F= i ~ ~ 6 EE 8 ~ - S g S ~ r ~ ~ ~ a' ~ j 6 .'e 8~~ - i; afie ` I -sa~ o s . r ~ e s'; ;m a_ _a a ~~~ s - W ~~~~~= e o ~ l ~~ Yi ~ Ei i v~ y~'~ e = y3a Y ~ ~ zi p: Yggi~{~ g ~ as " `'6„ ~ a f ~Z ~ ~a ~ e j Eei55 5 I ~-y $ Fa~ ~ _ S o ~s~ag ~~ '~ S p $ 5 S "~: ~ S yy ~t y ~_.~ s~ € 9 ~~~ga~ fi5 o €$ 6 S~ ~~ _6? ~ ~ 65 ~ $~4~s 9 b ' r EaL V~bey~ ~ , - , ~.~g = Y9 r,b ~ ~ ~ ~ t ~ ~ e ~ I - ~ y3 'e l Ek ~ ~ ° $e 3 iiS ;3 u i o w 1=.+ u i s r E n 1"; ~_ ~~ ~~ ~~ ~~ IS ~: s~ ~ ~~~ S`w ~ ~~~ o • ~~~ ~~ ~~ ~~ W ; ~~ ~~~ ~ .'~, anNanv `~` / 3NJ.WJSIB ~. / 002LC 3„C.L,ZO.DON ~ / t wroY 1 I aye .. 1 e Bvl - l ~ ~ fi'q ea ~ ~ ~ Y. e 1 ` ~ ~5 ~ ~. 8 r $ ~ 52 s a s ~ g I ~ - 6 ~ a L Y ¢ 6 f e ~ - ~ y ~ 2 : E n n~ g i °n a a ~ ~ e t i ~ $: 7 S ~ ~ '4 W a S : i ~ ~g F ~Yry ~5~ i ~~ =a! 0 a `§ ~ ~ o ~ ~ o ~ ,'~ os ~Sa '~ O f3 o~Z g c_Y. o S - 6 8 ~ E-_~s R ~ ~-------r----~ -s ns O 1 N u "°o ~ 1 ~ I v g 1 ~ / ~ ~ ~ o J 1\ F O / ~ `~ I - I I = C \ ~ ~ / F b ~ ~ W ``` . } // ~ L------ -~----- -~ YI \ o '-~'-- Q \ ~~ ~/ - \ \ v ~ (~ N 3nN3nd - -' 3Nl.b'~SIB (n \ ~ ~ '~. oozlc ._ a ~.u,zaooN ~ e„ e ., l ~ 1 _ /,~r..y~_---- e -_-- -------------- ----------- -- -- ~ 1 I J ~o \ 1 I ~ ~ 1 J \ 1 1 ` 1 Q 1 ll J I 1 I T _1_ \ N 1 ~ , I ~~ N 1 14 I ~ 1 •~~ ~ 1 N , P,~~G F _ a9 ~ I F - ~ I i ~ Lf' _ ~,~ 1 1 ° ~~ ~~ ~ ~~ 1 ~I ~~ ~ ..1 ' <C l 1 _ ~ W 1 ~ `c , 1, •~ •1- u_ ~ Y ~C Q I I/ 1 I ` I ~' -- 11 ,, ~ G ~ ~ :_,~ ~, w 1 Z o f ,~ I O 1 I a ' ~' x :;C~r:' ~ , ~ I 1 ~ c~ o _ 1 I ~ 1 l V I /) ~ -' I Y I ~-°--------------- poi ------------------------ aJ - -= ~ orx ' oostt - I 00 Z tC I 3eL l,Z0.00N _r-: Cµ-. i ~_~ 1ry„l !~ ~a Eagan Boundary N Right-of-way B Locate o n M a ~Paraei Area Park Area - Builtling Footprint j ~ ~.~ : ` ~'~rrr 4 ~ ~Q ~ .rs r ~~ .~ R / ~ ' , ~ ~ w.,.~..~ i • ~ ~ + + '~ • ~ ~' Fc • a••a ~ ~ ~ ~ ,~'~+air"~+ ~j ~i T ^ ~ ~ ~! • r 3 i ~ °.. r r a, s ~ E °° 1'~ ' ~99~~~ ! e ~ + j ~ ~' ' I - ~- O ~ ~ • f c ,` y... a ~r , p, ! P j r tr o r\• a . ~~ s • ~` r ti ~ ate. P ~ a S ,' S + ° Sub"ect Site ~rtla.,'i6 ' ' ` y • ~ r w p i ~ ~ v 4 Q t• .~ '` s ~,, ` ~ M V~ th y 3' ~ ` D ~~ = 4 ~ r * S ~ ~. ' a ~ g r ~~ s + e ' ° ~ , ~ -. ~ ~ is ~ ~ ~ ~ ~ ~ ~ ~ k ~ ~ ; ~. O ® ~ v 6 \ U a .. ~ f . - ® 1000 D 1000 2000 Feet Development/Developer. Halley's 2nd Addition Application: Final Plat Case No.: 36-FP-04-04-05 f E Map Prepared using ERSI ArcView 3.f. Parcel base map data provided , /~ N by Dakota County Office of GIS and is cwrent as of April 2005. {/( "' >: E ONLY r ~ a aIl Cit o J THIS MAP IS INTENDED FOR REFERENCE US d i on an are S The City of Eagan and Dakota county do not guarantee the accuracy of this informat community owsiopment o°paRm~nt not responsible for errors or omissions. ~~ Proposed Easement Vacation ty of E~~ar~ Halley's Addition Lots 4&5, Blk. 1 .n dm~dfl~rtment 3/31 /05 ~ coo ~~ ` ~. Q`~ v ~~O PART ^F\020-82 T ==_- - I w °y~ ~ 5 Q Easements to ~~ _~- ..~~ rr; _ ~- ~ be vacated 'I ~ I ~ U I I 4 ~ 4 I 1 m I I P I 3 1 ICJ ~ 3 021-79 I I ----- - -------- ~ ~ I 2 ~~ 2 I I--------- --------J I I I 1 1 I I I GUN CLUB ROAD Lots 4 & 5, Block 1, Halley's 15f Addition, according to the recorded plat thereof, Dakota County, Minnesota. Cl6 Of E~ ~ Proposed Easement Vacation 6 1 4/15/05 Halley's 1st Addition -Lots 4&5 , Blk 1 ~'~ En ineerin Department Eagan City Council Meeting Minutes May 3, 2005 Page 3 PUBLIC HEARINGS HALLEY'S FIRST ADDITION -EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation of public drainage and utility easements within Lots 4 and 5, Block 1, Halley's First Addition. He stated that staff is recommending that action be continued until consideration of the Final Plat of Halley's 2°d Addition. Public Works Director Colbert explained the history and purpose of the request. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmembers referenced previous discussion of this area at their retreat in January and agreed that additional information regarding plans for this general area of the City need to be considered and discussed. Councilmember Tilley moved, Councilmember Maguire seconded a motion to continue consideration of vacating the public drainage and utility easements within Lots 4 and 5, Block 1, Halley's First Addition to be concurrent with the Final Plat approval of Halley's 2°d Addition. Aye: 4 Nay: 1 (Fields opposed) CERTIFICATION OF DELINQUENT FALSE ALARM City Administrator He es introduced this item regarding the final assessment ro or delinquent false alarm bills. He stated there are curren five delinquent bills with an assessable amount of 675.00. Mayor Geagan opened the pub hearing. There being no public comme t, he closed the public hearing and turned discussion back to the Council. Councihnember Fields moved, Counci tuber Maguire seconde a motion to approve the final assessment roll for delinquent false alarm bills and authorize i certification to D ota County. Aye: 5 Nay: 0 CERTIFICATIO OF DE QUENT UTILITY BILLS City Administrator Hedges introduced this item rega ing the final assessment roll for delinquent utility bills. He stated the assessable amount is $60,465.44. OS-22 Mayor Geagan opened the public hearing. Th e being no ublic comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Council ember Carlson seconde a motion to approve the final assessment roll for delinquent utility bills and authorize ' certification to Dakota Co ty. Aye: 5 Nay: 0 OS-23 OLD BUSINESS ORDINANCE TERMIN TING THE MORATORIUM RESTRIC ING THE ISSUANCE OF OFF-SALE LIQUOR LICENS ESTABLISHED BY ORDINANCE N0.3 ,INTERIM USE: ALCOHOLIC BEVERAGES LICENSING STUD City Administrator edges introduced this item regarding the termination of the oratorium restricting the issuance of off-sale liquor 1' erases. An Interim Use Ordinance was adopted by the City Co cil on October 19, 2004 to allow Council the opp Wiry to deternrine what, if any, additional restrictions/criteria sho d be imposed in the area of off-sale liquor tensing and regulation. Review of information provided by staff folio ~ g a survey of other metropolita ities' and input from current off-sale liquor license holders was held at pre 'ous Council workshops. ember Carlson moved, Councihnember Fields seconded a motion to adopt an ordin ce terminating the n restricting the issuance of off-sale liquor licenses established by Ordinance No. 38 ,Interim Use: Beverages Licensing Study. Aye: 5 Nay: 0 `J `~ Agenda Information Memo September 26, 2006 Eagan City Council Meeting M. DEVELOPMENT ACCEPTANCE & MAINTENANCE AUTHORIZATION -CITY PROJECT 04-K ACTION TO BE CONSIDERED: Acknowledge the completion of improvements for City Project No. 04-K (Woodland Place) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. FACTS: Woodland Place Addition is a 14-lot single family residential subdivision constructed east of Dodd Road and south of Cliff Road. This development required the construction of a public street, sanitary sewer, 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. Agenda Information Memo September 26, 2006 Eagan City Council Meeting N. PROJECT 931, ART KAHN/ HILLANDALE ADDITIONS -STREET OVERLAY - FINAL ASSESSMENT ROLL ACTION TO SE CONSIDERED: Receive the Final Assessment Roll for Project 931 (Art Rahn/ Hillandale Additions -Street Overlay) and schedule a public hearing to be held on October 17, 2006. FACTS • Project 931 provided for the bituminous overlay of the streets within the Art Rahn and Hillandale Additions neighborhood, north of Diffley Road, east and west of Blackhawk Road. The streets included in the project were Kathryn Circle, Meadowlark Road, and South Meadowlark Road. The street resurfacing was completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 06-03, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are less than the estimate contained in the feasibility report presented at the public hearing held on December 20, 2005. Agenda Information Memo September 26, 2006 Eagan City Council Meeting O. PROJECT 930, SILVER BELL ROAD -STREET OVERLAY - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 930 (Silver Bell Road -Nicoll Road to Kennebec Drive -Street Overlay) and schedule a public hearing to be held on October 17, 2006. FACTS: • Project 930 provided for the bituminous overlay of Silver Bell Road, from Nicols Road to Kennebec Drive. The street resurfacing was completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 06-03, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final. costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are less than the estimate contained in the feasibility report presented at the public hearing held on February 21,.2006. ~tq Agenda Information Memo September 26, 2006 Eagan City Council Meeting P. MINNESOTA COALITION OF STORMWATER CITIES ACTION TO BE CONSIDERED: Authorize membership and participation in the Minnesota Cities Stormwater Coalition (MCSC) and payment of an annual fee up to $1,625.00 to the League of Minnesota Cities (LMC). FACTS: • Four years ago the LMC formed the National Pollution Discharge Elimination System (NPDES) Guide Plan steering committee to assist member cities in complying with the requirements of the NPDES Phase II program. 117 cities joined in this effort, including Eagan, to develop a model NPDES template and to speak with one voice to the Minnesota Pollution Control Agency (MPCA) in adoption of the Phase II permit for Municipal Separate Storm Sewer Systems (MS4) cities. The committee and the related services no longer exist as they have served their purposes. • Eagan and the rest of the Phase II permit cities have been implementing their individual permit plans for three years. Recent changes to the permit and increased regulations and requirements related to the Total Maximum Daily Load (TMDL), non-degradation and impaired waters aspects of the federal Clean Water Act have greatly increased the responsibilities of the cities to ensure compliance. • At the request of many of the cities involved with the NPDES Guide Plan steering committee, LMC has agreed to sponsor a new collaborative effort to support cities and their stormwater professionals in maintaining program. implementation and continuing to have an effective, unified voice with the MPCA. • The member cities of the Minnesota Cities Stormwater Coalition will primarily share in the cost and benefit of a consultant who will represent the cities at the MPCA Stormwater Steering Committee, coordinate with MPCA on MS4 permit issues and track development of new regulations. Regular communication will occur between the consultant and member cities, primarily through e-mail. This representation will be consistent with. that of the NPDES Guide Plan steering committee and consultant services. • At this time, the LMC is soliciting interest in the MCSC. An annual budget of $75,000 has been estimated, which would be funded entirely by the member cities. The coalition would commence as described upon receipt of a letter of understanding from enough cities to cover the anticipated cost. A lack of sufficient interest by potential member cities would not allow the MCSC to be formed in its proposed format. ATTACHMENTS: • Letter of Understanding, pages ~ through ~. ~~ 1'1 .~eaguc of Minnesota Cities CiGer pror+wfiag e~onco League of Minnesota Cities 145 University Avenue West, St Paul, MN 55103-2044 (651) 281-1200 • (800) 925-1122 Fax: (651) 281-1299 • TDD: (651) 281-1290 www.lmnc.org September, 2006 Letter of Understanding Re: Minnesota Cities Stormwater Coalition (MCSC) The City of hereby agrees to participate in the League of Minnesota Cities' Minnesota Cities Stormwater Coalition (MCSC) per the terms and conditions outlined below. Mission To protect Minnesota's water resources by ensuring that the policies, permits, procedures, rules, and legislation adopted by state water resource management agencies and other regulatory entities are both meaningful and manageable from the perspective of the regulated parties. General Goals • Promote staff-to-staff discussion with MPCA (e.g., TMDL baseline) • Be cities' eyes and ears in state agency and stakeholder group discussion • Exercise policy influence • Influence development of regulations and implementation plans in the early stages • Offer a consistent voice • Help unify positions taken by agencies • Encourage agencies to provide sample documents (e.g., construction SWPPP) Action Plan • Advocate for the interests of the regulated cities with regulatory agencies • Provide input and professional advice.for the LMC policy development process, but will not take independent legislative positions • Foster and manage communication and networking on water resource issues among regulated cities and with state regulatory agencies and other cities • Provide technical assistance and training for regulated cities • Participate in state regulatory and water resource forums, such as the Stormwater Steering Committee, Minnesota Pollution Control Agency stakeholder groups, Total Maximum Daily Load stakeholder groups, Nonpoint Education for Municipal Officials, Watershed Partners, Minnesota Public Works Association and City Engineers Association of Minnesota • Encourage the various state agencies to keep guidance documents for regulated cities current • Undertake special projects as appropriate • Cooperate with other entities in developing educational materials that can be used by regulated cities ~I AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLDYER Letter of Understanding Page 2 August 29, 2006 Eligible Members While interest is focused on Phase I, Phase II, mandatory and discretionary cities, all LMC member cities may participate. Other regulated entities, i.e. interested watershed districts, may participate for the purposes of receiving information and adding to the discussion, but will not have formal standing in MCSC. Leal Structure Membership in the MCSC will become effective upon participating cities signing this Letter of Understanding. It is understood that LMC will hire and supervise staff, retain necessary consultants, provide fiscal and other general administrative support services. The LMC Board has formal authority over the effort, but will appoint anine-member Steering Committee to provide direction and give recommendations. Membership of Steering Committee MCSC will work under direction of a nine member steering committee appointed by the LMC Board of Directors. Members will serve three-year staggered terms, except to instigate the staggered terms, initial steering committee members will each serve a one, two, or three year term as determined by the LMC Board. The first year committee members will be: Lori Haak, Water Resources Coordinator, Chanhassen (Chair); Jim Hafner, Stormwater Manager, Blaine; Ross Bintner, Water Resources Engineer, Prior Lake; Bruce Westby, City Engineer, Monticello; Bill Schluenz, Public Works Superintendent, Waite Park; Jeff Oliver, City Engineer, Golden Valley; Terry Schultz, Director of Natural Resources, Burnsville; Andy Bradshaw, Civil Engineer I, Moorhead; and Anne Weber, Civil Engineer, St. Paul. Resources Provided MCSC participating cities will reimburse LMC for direct services and expenses such as general administrative, Internet, and support staff services provided through LMC. MCSC participating cities will also reimburse LMC for the costs and expenses associated with retaining the technical consultant for representation with regulatory agencies, member advice, maintenance of guidance document, development of training, and input on development of public educational materials Maximum First Year Fee The fee for the City of shall not exceed $ in the first year of this agreement. Do not enclose payment at this time; your city will be invoiced when total participation and actual fees are established. ~~ Letter of Understanding Page 3 August 29, 2006 LMC Limitations on Expenditures LMC shall not authorize expenditure of funds for the MCSC beyond the amount that has been paid by participating cities. Term of Agreement and Renewal Term of agreement shall be September 1, 2006 through August 31, 2007. LMC will invoice membership fees each August 1; the city will deternline and notify LMC by September 1 whether it intends to continue for the following year. Agreed to on this date by the City of Authorized Signature Date Designation of Primary Contact for the City Name Mailing Address Phone # Fax # E-mail Address Please return completed document to: Rebecca Erickson, League of Minnesota Cities 145 University Ave. W. St. Paul, MN SS 103-2044 ~~ Agenda Information Memo September 26, 2006 Eagan City Council Meeting Q. DEVELOPMENT ACCEPTANCE & MAINTENANCE AUTHORIZATION -CITY PROJECT 04-U ACTION TO BE CONSIDERED: Acknowledge the .completion of improvements for City Project No. 04-U (Thorpe Woodlands Garden Std Addition) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Thorpe Woodlands Garden Std Addition is a 3-lot single family residential subdivision constructed east of Wescott Woodlands and south of Yankee Doodle Road. This development required the constructing public sanitary sewer, water main and storm sewer, along with site 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. S'} Agenda Information Memo September 26, 2006 Eagan City Council Meeting R. OUTLOT A, RIVERPARK OFFICE CENTER EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate a portion of a public drainage and utility easement within Outlot A, Riverpark Office Center and schedule a public hearing to be held on October 17, 2006. FACTS: • On September 14, 2006, City staff received a petition from William Everson of Blue Cross Blue Shield/Minnesota, requesting the vacation of a portion of an existing drainage and utility easement within Outlot A, Riverpark Office Center, at the northwest corner of the intersection of Yankee Doodle Road and Yankee Drive. • The drainage and utility easement was dedicated as part of the Riverpark Office Center plat for ponding and general utility purposes. A 24" storm sewer pipe is located in this genera] area. • On July 31, 2006, the City Council approved a Planned Development Amendment to allow three pylon directional signs and a uniform sign package for the Blue Cross Blue Shield properties. Two pylons are to be located on the south side of Yankee Doodle Road between Highway 13 and Blue Cross Road, and one pylon at the noted location on Outlot A Riverpark. • A condition of this Council approval required a petition to vacate a portion of the easement area on Outlot A prior to the recording of the Planned Development Agreement and issuance of the sign permits. • The purpose of the request is to allow the property owner to construct the pylon sign as indicated in the presentation to the City Council at the July 31 meeting. • Notices for a public hearing will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. ATTACHMENTS: • Location Map, page ~. • Easement Vacation Exhibit, page ~. City of Ea~aIl Engineering Department Outlot "A" - Riverplace Office Center Proposed Easement Vacation Location Map 9/20/06 /~ Y,~~~ '~ FF ~~ G ~G~G~ Timberline Engineering Department // // // /i Outlot "A" - Riverplace Office Center Proposed Easement Vacation 9/20/06 PROPOSED VACATION / ~~ / ~~ / ~~ Agenda Information Memo September 26, 2006 Eagan City Council Meeting S. APPROVE FINAL PAYMENT -WELL N0.21 ACTION TO BE CONSIDERED: Approve the final payment for Contract OS-03 (Well No. 21 -Well Development and Pumping Equipment) in the amount of $62,023.79 to Mark J. Traut Wells, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract OS-03 provided for the construction and development of Well No. 21, in the southeast corner of the Terra Glenn Addition, as well as the installation of all related pumping equipment and controls. The well construction was performed in accordance with the City's Water Supply and Distribution Plan. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance, subject to warranty provisions, of the City of Eagan portion of the contract. ~~ Agenda Memo September 26, 2006 Regular City Council Meeting CONSENT AGENDA: T. Approve 2007 Eagan Convention and Visitors Bureau Budget ACTION TO BE CONSIDERED: Approve 2007 Eagan Convention and Visitors Bureau Budget as recommended by the ECVB Board. FACTS: • At the September 14, 2006 work session, the City Council received a presentation on the proposed 2007 Eagan Convention and Visitors Bureau budget adopted by the ECVB Board at its September meeting. • The City Council gave direction that the ECVB budget be placed on a future regular City Council meeting consent agenda for formal ratification. • Section 3.2 of the ECVB's Operating Agreement with the City requires that no later than September 30 of each year, the Bureau shall submit its work plan and line operating budget for the next year for the City Council's "review and approval." • As previously indicated, the budget reflects a 3% increase over 2006. • Marketing priorities for 2007 include enhanced Web site marketing efforts and Internet advertising campaigns to position Eagan, continuing "South of the River" partnerships with the Minneapolis South cities for cost effective marketing and, a coupon book to promote Eagan's hotels, restaurants and attractions. • City Councilmember Peggy Carlson (a City-designated ECVB Board Member) was present for the board meeting and moved approval of the ECVB budget. ATTACHMENT: • Board approved ECVB budget on page ~ Eagan Convention & Visitors Bureau 2007 Budget 2004 2005 2006 2007 Actual Actual Budget Budget INCOME Lodging tax $ 720,125 $ 728,848 $ 731,000 $ 745,000 Other 27,014 29,671 20,400 23,500 Totallncome 747,139 758,519 751,400 768,500 EXPENSES Personnel 208,467 161,286 327,036 273,500 Other 78,651 148,814 64,064 133,750 Office 4,211 8,571 13,000 13,000 Marketing 397,209 336,841 294,700 325,750 Travel & Entertainment - - 51,200 22,500 Total Expenses 688,538 655,512 750,000 768,500 Net income $ 58,601 $ 103,007 $ 1,400 $ - Agenda Memo September 26, 2006 Regular City Council Meeting CONSENT AGENDA: U. Acknowledge 2006 / 2007 Technology Working Group Roster Members and Thank 2005 / 2006 Members ACTION TO BE CONSIDERED: Receive and acknowledge the roster of 2006/2007 Eagan Technology Working Group members and direct staff to draft thank you letters for the Mayor's signature to the 2005 2006 members. FACTS: • Since the formation of the first Eagan Tech Task Force in 2004, the (now-named) Technology Working Group has been invaluable to the City Council and staff in advising the City on policies and direction to ensure Eagan residents and businesses are served by first class Internet connectivity and communications infrastructure. • The job done by the forward-thinking Tech Working Group has even been recognized by the Minnesota High Tech Association whose members have nominated the Group as a finalist for a Minnesota Tekne Award. • Working Group members are selected for their technology and business expertise and are drawn from Eagan companies large and small. Also included are representatives from appropriate Eagan City commissions (Planning and Telecommunications) as well as Eagan residents and Chamber of Commerce representation. • Contacts have also helped establish beneficial relationships with state education and economic development officials. • Broadening the base of Eagan companies participating in 2006 / 2007 will be Lockheed Martin, and the CEO of Intertech, an Eagan-based software development and training firm. • The focus of the Tech Working Group over the next year include monitoring Wi-Max developments, assisting the Advisory Planning Commission and the City Council in possible changes to the City Code to enhance technology deployment, and further defining "world class" infrastructure to establish Eagan goals for consideration by the City Council. • It would also be appropriate to direct staff and the Mayor to thank the 2005 / 2006 members of the Working Group for their time and dedication. ATTACHMENT: • 2006 / 2007 Eagan Technology Working Group roster on page~_ ~` 2006/2007 Eagan Technology Working Group Roster & Structure A large corporation chief technology officer (1) Theresa Wise, Chief Information Officer Northwest Airlines Three large corporation IT representatives (3) Raj Chawla, Tactical systems IT Leader, Lockheed Martin Lou Gallagher, Director of Voice & Data Convergence, Blue Cross Blue Shield of Minnesota, including responsibility for remote access & connectivity. Kevin Hansen, Principal Technology Architect, Thomson Legal & Regulatory Technology group. Small or mid-size business representatives (2) Tom Salonek, CEO, Intertech, software development and training firm Al Zeitz, marketing consultant Two Eagan residents (2) • At least one should be from ahome-based business Jim Moeller, Eagan resident and consultant is technology market research with Moeller Ventures, expert in financing and regulatory issues of in wireless communications and a former analyst for Dain Rauscher. Drew Gorton, Eagan resident & President of Gortons.Net Inc., afoot-person Web development firm Chamber of Commerce President or designee (1) Rothe Batulis, President Representative of the Telecommunications Commission (1) Jodi Mikasen, Representative of the Advisory Planning Commission (1) Steven Chavez, attorney and former counsel to ADC Staff Liaison (1) Communications Director Tom Garrison TOTAL (12) Ex-Officio Staff Resources Kristi Peterson, IT Coordinator Jon Hohenstein ,Community Development Director ~o~ Agenda Information Memo September 26, 2006, Eagan City Council Meeting OLD BUSINESS A. PRELIMINARY PD & SUBDIVISION (MARIAN ADD) -MARIAN ANSARI ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Preliminary Planned Development to allow the subdivision of the 1.8 acre lot for property located at 4365 Capricorn Place for property located at 4365 Capricorn Place in the NE'/4 of Section 27. To approve (OR direct findings of fact for denial) a Preliminary Subdivision of 1.8 acres to create two lots, with a Variance to the minimum lot width and street frontage requirements, for property located at 4365 Capricom Place for property located at 4365 Capricorn Place in the NE '/4 of Section 27, subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: - This item was continued at the September 5 meeting due to screening buffering concerns relative to the proximity of the future home to Goat Hill Park. - The applicant has agreed to provide alandscape/screening plan with the Building Permit for the new home. The screening requirement should be added as a condition of approval. - There is an existing house and detached garage on-site which will remain on Lot 1. A shared driveway is proposed. - Lot 1 will be 55,443 square feet and Lot 2 will be 22,437 square feet, easily exceeding the R-1 minimum lot size of 12,000 square feet. - Lot 2 is a flag lot configuration that does not meet the 85 foot lot width at the setback line requirement or the minimum street frontage of 50 feet requirement. It is 40.8 feet; the lot does widen and provides ample buildable area for a new home. - The Advisory Planning Commission held a Public Hearing on August 22, 2006 grid is recommending approval. 120 DAY AGENCY ACTION DEADLINE: November 15, 2006 ATTACHMENTS (3): Draft APC minutes on pages ~ t#~s~tgh-- Staff report on pages~through~ E-Mail from Applicant's representative on page~_ Advisory Planning Commission Minutes August 22, 2006 Page 2 of 5 A. Marian Addition Applicant Name:Homeowner Location:4365 Capricorn Court; Lot 5, Block 2, Wilderness Park Third Addition Application:Planned Development Amendment A Planned Development Amendment to allow a second lot. File Number: 27-PA-12-07-06 Application:Preliminary Subdivision A Preliminary Subdivision of 1.78 acres to create 2 lots. File Number: 27-PS-13-07-06 --., City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated August 11, 2006. He noted the background__and history. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed .the public hearing and turned. the discussion back to the Commission. There was discussion regarding precedence for the variances associated with the flag lot. Member Chavez moved, Member Heaney econded a motion to recommend approval of a Preliminary Subdivision of 1.8 acres to create two lots for property located at 4365 Capricorn Place in the NE '/ of Section 27 subject to the following; conditions: 1. The developer shall comp)y-with these standards conditions of plat approval as adopted by Council on February 2; 1993: A1, B1, C1, D1., and E1 2. The property shall be platted. 3. The developer shall provide private ingress/ egress easement documents for review and approval by the City Attorney, prior to final subdivision approval. 4. A cash dedication in lieu of on-site water quality ponding shall be required for this development. 5. The-newly created lofs subject`to a cash park and trail dedication. A vote was taken. All voted iri favor. Motion carried: 7-0. LDS" PLANNING REPORT CITY OF EAGAN REPORT DATE: August 11, 2006 APPLICANT: Marian Ansari PROPERTY OWNER: Same REQUEST: Preliminary Subdivision CASE: 27-PS-13-07-d6 HEARING DATE: September 25, 2006 APPLICATION DATE: July 19, 2006 PREPARED BY: Sheila Cartney LOCATION: 4365 Capricorn COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision (Marian Addition) of 1.8 acres to create two lots for property located at 4365 Capricorn Place in the NE `/a of Section 27. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission aild the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. ~~ Planning Report -Marian Add August 22, 2006 Paee 2 D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. .That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely mamler so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter refereed to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." PD Amendment: Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter maybe amended by the majority vote of the council, except that anlendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote oftwo-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. ~`f' Planning Report -Marian Add August 22, 2006 Paee 3 BACKGROUND/HISTORY The subject 1.8 acre lot was platted in 1972, as Lot 5, Block 2, Wilderness Park 3~d Addition. EXISTING CONDITIONS There is an existing house that was built in 1967 and an existing detached garage that was built in 1996. The lot is lightly wooded. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zonin Land Use Desi nation North Goat Hill Park P, Park P, Park and Recreation O en S ace South Single family home PD, Planned Development LD, Low Density Residential East Goat Hill Park P, Park P, Park and Recreation O en S ace West Single family home PD, Planned Development LD, Low Density Residential EVALUATION OF REQUEST Proposal -The applicant is proposing to subdivide 1.8 acres to create two lots. The existing house is to remain on Lot 1, a shared driveway is proposed. The subject lot is part of a Planned Development that is regulated by R-1 requirements. Compatibility with Surrounding Area -The subject site is surrounded by park and single family homes. An additional single family home appears compatible with the surrounding area. Density -The subject site is guided Low Density Residential allowing a density of 0-4 units an acre. As proposed tine density is 1. l units an acre. Lots -The R-1 zoning district requires each lot to be a minimum of 12,000 square feet. The proposed lots are 55,443 square feet and 22,437 square feet. Each lot is required to be 85 feet wide at the front setback line (30'). As proposed, Lot Z is only 40.8 feet wide at the setback line; however the buildable part of the lot is 90 feet wide. Each lot is required to have a minimum of 50 feet of street frontage, as proposed Lot 2 is 40.8 feet wide at the street and does not meet this requirement. Lot two does not meet two of the lot requirements; therefore, City officials should deterniine if these deviations are appropriate ~7 Planning Report -Marian Add August 22, 2006 Pate 4 Setbacks -The resulting lot can acconunodate R-1 setback requirements. Grading/ Erosion Control -The site is generally open with lightly wooded areas. The proposed grades for the new house and driveway on Lot 1 generally match the existing grades. Wetlands/Water Quality -Similar to other residential developments, regardless of size, this subdivision will generate additional stonnwater runoff within the City. Because it is small, however, on-site treatment of stornlwater for water quality purposes is not reasonable or practical. Nevertheless, in accordance with the policies the City has had in place since 1990, the development is responsible for a cash dedication equal to the cost of the land and pond volume needed to reduce phosphorus export to undeveloped conditions. There are no jurisdictional wetlands associated with this site. Utilities -The existing house on Lot 1 is connected to the City sanitary sewer and water main system. Existing sanitary sewer and water stubs of sufficient size, depth and capacity are available from Capricorn Court for service comiection for proposed Lot 2. Extension of City utility services to Lot 2 will require the removal and replacement of a portion of the Capricorn Court street section. Streets/ Access/ Circulation -The driveway access for the existing house on Lot 1 will remain onto Capricorn Court, and access to Lot 2 access is also proposed onto Capricorn Court, a local residential cul-de-sac. Due to steep grades on Lot 1, the existing driveway is located mainly on proposed Lot 2 property. The developer should provide private ingress/ egress easement documents for review and approval by the City Attorney, prior to final subdivision approval. Financial Obligation - At this time, there are no pending assessments on the parcel proposed for platting. Tree Preservation -There are no tree preservation issues with this development. Parks and Recreation -The newly created lot is subject to a cash park and trail dedication. The Advisory Parks and Recreation Commission reviewed this subdivision as a consent item and recommend SUMMARY/CONCLUSION The applicant is proposing to subdivide a 1.8 acre lot into two lots. The existing home will remain on Lot 1, a shared driveway is proposed. The property is zoned Planned Development and is regulated by R-1 requirements. The R-1 requirements are met except for the 85 foot lot width at the setback line and the minimum lot frontage of 50 feet for Lot 2. ~~ Planning Report -Marian Add August 22, 2006 There are no tree preservation issues associated with this subdivision. The shared driveway will require cross easements. Cash dedication for park and trails applies to the new lot and a cash dedication for water quality is required. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision of 1.8 acres to create two lots for property located at 4365 Capricorn Place in the NE '/4 of Section 27. If approved, the following conditions should apply. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, Bl, C1, Dl, and E1 2. The property shall be platted. 3. The developer shall provide private ingress/ egress easement documents for review and approval by the City Attorney, prior to final subdivision approval. 4. A cash dedication in lieu of on-site water quality ponding shall be required for this development. 5. The newly created lot is subject to a cash park and trail dedication ~Oq STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional finazlcial obligations as defined in the staff s report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of--way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of--way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage requirements. C. Plans and Specifications 1. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. ~~ 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract a11d shall not be released until one year after the date of City certified compliance. D. Public Improvements L If any improvements are to be installed under a City contract, the appropriate project must be approved by Cowicil action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedications This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks Coininission and approved by Council action. O. Water Ouality Dedication This development shall be responsible for provided a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recoininended by the Advisory Parks Commission and approved by Council action. H. Other All subdivision, zoning, aid other ordinances affecting this development shall be adhered to, uiiless specifically granted a Variance by Council action. Advisory Planning Commission Approved: August 25,1987 City Council September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 G:Engineering/Forms/Standard Conditions of Plat Approval ~~ Eagan Boundary L®cat i ®n Nl a N Right-of-way ~ Parcel Area Park Area Building Footprint v . ~ ~ $ G' ~ 8 ~ ® O ~ ® B F O o a ig - e; ®~ ®® ~ ~fj ~O 0 ®~ ® o . @ ~ D t'S ~ o - ~ a ~ ~ ' r~ ~A ~ ~ ~ ® d. ~ ~ ~ ~ - ~ ~. 90 0 ~ ~ ~ s ° t~ a c ode ® ® ° ~ Q . a o d s ~ ® ® ~ s 66 P a P o ~ ®i ~ ~~ Subject Site ~ e a • O Y A ~ ` ~ g ~ R ~a ~ ~ 88 ® ~ ~` B a 3f ~~e ~ r ~ , s D O ore a - o v l 4 p m ~ ~;a ee5 8 d $` ~ a t a a ae© e '~ y F ~ a B B ~... 6 9 G 9 0 59 o S ® 8 ~ ~ - ~.~..~.... ~ e, ~ r Apra °F 48 ~ 4 6 = e ~ 6 o - ©°° 4. .... ~ ~. f7 ~ ~ ~ fi ~ ~ ~ 6 8 F @ r ~ Q ~ O~ 8 g . fl - w 4 O ~ s ~ . d 9 4 ~ 4 v~ 4 fl~ «w ~ o ~~~ e? [~ ~ ~ ~ ~ ® P . 0 e !+ 6 • +''^ v ° - at ~ l ... ~ 1 p + ~ c. 8 ~ r o . 4 ' ~ ~ 9 ~ ® ~ Q ~ Oy ~ ~ ~ t3~ D • a ~ ~ o s dl - ® ~ © ~ e . ~a 9 c e ~ ~ >a 9 E 9 ®e B m~ Q a p° Q . .K ~ Q 4 s . ' 9 ~.. ..... p P L ~ ~ ~ c P @~ O Q A ~ ~ ® B~ 0 9 ° ~` ~ 8 Q ~ ~ © A ~ 1000 0 1D00 2000 Feet . Development/Developer: Marian Addition Application: Prelim Subdivision Case Ido.: 27-PS-13-07-06 t f B C Map Prepared using F12SI Mcvew 3.1. Parcel base map data providetl by Dakota County Offlce of Gl5 and is wrrent as of Aprll 2005. ~a N W E y o ~~a~ i THIS MAP IS INTENDED FOR REFERENCE USE ONLY The Gity of Eagan and Dakota Gounty do not guarantee the accuracy of this information and are 5 Gemmunlty Develepm~nt D~paRmont not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Marian Addition Prelim Subdivision 27-PS-13-07-06 Zoning Map s P ~ P P L PD - Current Zoning: Pd Planned Development Locati on P t D - o o fw tzff F..e P R P D P D p .P' d~~ ~ ~~~, Comprehensive Guide Plan ^~ Land Use Map P o Loca tion P t ors ~ ~ MD O! Current Land Use Designation: LD Low Density Residential D LD P L L P oo f fGf tiff F..t I D ~ L L e~f i Pro.l bete mp inlermellon provideday Dekote County Lend 6urvfy DepaAmeR Deombe 2005. N Loning inlomuflos mNntained byCky SLn City of Ca~aIl ~ ~ THIS MAP IS INTENDED FOR REFERENCE USE ONLY w Y 6 The City of Eagan and Dakota County do not guarantee the accuracy of this Fnformation. S '~ ~~ 1~ _. ,- - ~~ ~ ~ ~} ~ _ x~ o -.wi '_' '-tom : ~ ~,' -t± ~ r, , s ~ Y e 4r I 'r ' ' U ti_'~ ' r~ 'T .is ~ ~~ ~- s,. .~ ~ ~ O N i 1 " ~ ~ A '~ ~~'~ "~~ •c+ ~ ~' ~ fix.: 8 lYl 'OM ~ ~ awa°M16 - ~.~yn YrY.)ltf6 ~r~~~ wN 4u r~ wwP~ ~a~Y dl a~ y.r~ w Y..w w w 4 wva'um sL ~~ R~ ~ ~~ ~_-. R_ Z ~i Lr O I Qjg c Z~ I ~ CHI ' II G V ~ R - ~ J~~ N ' e1p I iNY W ' LLQ ' C.?~ R .. e'~: S° ~ ~ g S^'B„.. ~1 :~_~ G ~ I ~ ~ Ilrr 1 C, a .. .. .. .. .. .. .. ~ ~~ C ~ S. ~ a a~ q N a~; i g; 1i ~~ ~3 < y i C F. 9 s9'sd~:= y y `___ __ f1_ ~ - --~ r - I _ _ _ _ ~.- \\\ 1 1 I `~ t$ ~ d~ \ 1 _ _ -i I \ `I-Y - --- --- - I 1 I \ I r-- - --- \\ , ~. ~ r- I III ~~ ...C \ . -, III 1 e\ . ~~ F7 . I ' ) ti r I I I i t '~ 3~~/ IJ_4 r,r I S w ~- ~i I ; ; I ~' :y 1- II 7 '"a a4- ~ / I---' I ~ bl L~_ __= ~____=--r _ ~~~~=m• I_ y- - r _~i1_, I ~~ I I I'-' -~i I L i{1^ I--~ r I lr r___I I I II__ I{ ~ 1~ ;~ ~ I I , -- °°•°----- _`__ -_ ~---T-- I \ \ . I w 1° +- Id \ \ ~ I , I I fy \ \b I _ __F~ )-EO ICAO ~` - ~~ \\ I v ,,`"r \ \ ~ J I \ J ~ . r m ..... , . .. I 44 f,:.^..:.. .... I I ' I ` ~ r I"s - I ~s , ~I . i' , ' "'~~r I ,., ... ~.:; if I ;; -------`.W10.~ N _ - - .r - - -~ ~ ~ ~ I I 1 i ~ •. I :. I I .. I 1 I ~ i I ~= - ~. ~: \ `rl~.-~~-. _°°` ~~• ,,/'ice ~~~•/1-~"~ ; i • '~ l^ ~/ °°i~ // 1. `,~~ii~'~/ -1,r •.~ • ~=~'~ Y I i 111 ..,~~.~\ ~ ~~1a~c rIF'=.-__ -~~~"'--.' y. ~i ;t~%!~ fir-~ y y(r ~'~~- 1., r; ~.l Irr~-I~~-T ~I-~ }/~~r1,~•/ I : ~~ - ~ I : 1 i i.Y~--r f ~' o 1. T /• %~~,~ /^`. a ;' I '1 ' 1~: g _ _' 1,. ky'~/ _ ll{{> ~j:•~~$I I'I Tyr. ~~~ .- -c. ~r, ~~ / 1~ -- - °'/ 17 tit.{~, 1 ~~ ~~ 6 c~ CGS O 0 N G°7 {~ J a W w Enclosed is a request for a preliminary subdivision for a single family lot into two single family lots. The property address is 4365 Capricorn Court and the legal description is :pt 5, Block 2, Wilderness Park Third Addition. The parcel is located at the north end of Capricorn Court adjacent to Goat Hill Park to the east and to the north. Per the City of Eagan's existing and proposed Comprehensive Guide Plan and Zoning Classification the current land use and zoning for this parcel is D-l, Single Family with the surrounding 650 feet currently zoned D-1 to the south and west and the area to the north and east is zoned PF, Public Facilities. The future land use and zoning for parcel and surrounding areas are LD, Low Density Single Fanuly, to the south and west, and P, Parks and Recreational Open Space to the north and east. A single family home with a detached garage currently occupies the 1.8 acre (77,880 sq.ft.) site. With the completion of the subdivision the existing home will have a lot size of 55,443 sq. ft. and the new lot will have a lot size of 22;437 sq.ft. Both lots meet the minunum lot size of 12,000 sq.ft. The new lot will be accessed by an existing driveway. The subdivision will require a variance on the lot width at the right of way for the new lot. The width is 40.8 feet and the front set back and 90 feet at the house pad location. The applicant and owner, Marian Ansari, will have a shared access and maintenance agreement with the new home owner. The applicant is hoping to put the new lot on the market before the end of year since the subdivision will not require any grading prior to construction of new home. ~~ Message Mike Ridley Page 1 of 1 From: Teresa Keller [Teresa@hedlundeng.com] Sent: Tuesday, September 12, 2006 12:45 PM To: Mike Ridley Cc: scartney@cityofeagan.com Subject: Marion Addition Mike, 1 am sending this email per your request regarding the Marion Addition. At time of final plat application we will submit a screening plan for the north and east property lines for the new lot that is proposed. Please let me know if you require a letter stating this prior to the September 19th council date. Sincerely, Teresa Keller Hedlund Planning Engineering Surveying 2005 Pin Oak Drive Eagan,MN 55122 (651) 203-6627 (651) 405-6606 Fax This electronic data is transmitted for your convenience and is the property of Hedlund Planning Engineering Surveying (Hedlund). By accepting, the recipient agrees to indemnify, hold harmless, and defend Hedlund from and against all damages, liabilities, Gaims, losses, and expenses arising from the use of this data. This electronic data is subject to change and updates are the responsibility of the recipient. Hedlund is NOT responsible for compatibility with recipient's hardware and/or software. HEDLUND ENGINEERING INC. 9/12/2006 Agenda Information Memo September 26, 2006 Eagan City Council Meeting New Business A. ORDINANCE AMENDMENT -CITY OF EAGAN ACTION TO BE CONSIDERED: To approve an Ordinance Amendment to the Subdivision Ordinance to reflect legislative changes made to park land a cash dedication obligations and direct the City Attorney to prepare and publish the amendment in the legal newspaper. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: - Legislation was passed during the 2006 session that has affected the way Park Dedication is defined.and collected. - The City Attorney's office has prepared a draft amendment to the Subdivision Ordinance (Chapter 13) that responds to the changes made in State Law. - The APC held a Public Hearing and recommended approval of the amendment at their regular meeting of September 19, 2006. ATTACHMENTS: (2) Draft September 19, 2006 APC Minutes on page ~. Cover memo and draft Ordinance Amendment language on page ~~ and ~~ Advisory Planning Commission Minutes September 19, 2006 Page 10 of l 1 F. Ordinance Amendment -Chapter 13 -Park Dedication Applicant Name: City of Eagan File Number: 01-OR-06-09-06 City Planner Ridley introduced this item and highlighted the background information. Vice Chair Chavez inquired about language in the Ordinance Amendment. City Attorney Bauer responded the language is correct. Vice Chair Chavez inquired about the word "City" being both capitalized and not. Mr. Bauer stated the word should be consistent throughout the document.:. Vice Chair Chavez opened the public hearing. There being no public comment, Vice Chair Chavez closed the public hearing and turned the discussion back to the Commission. - Member Jensen moved, Member Feller seconded a motion to "recommend approval of an Ordinance of the City of Eagan, Minnesota, Amending Eagan City Code Chapter Thirteen Entitled "Subdivision Regulations (Platting)" by Amending Section 13.04,. Definitions and 13.20 Regarding Public Uses; and by Adopting by Reference Eagan City Code Chapter 1 and Section 13.99. A vote was taken. All voted in favor. Motion carried; 5-0. ~~ ~' ''ri~~ . Clt of ~~ ~n ~~~o ~ ~ To: Chair Hansen and Advisory Planning Commission Members From: Mike Ridley, City Planner Date: September 13, 2006 Subject: Ordinance Amendment -Chapter 13 Legislation was passed during the 2006 session that has affected the way Park Dedication is defined and collected. The City. Attorney's office has prepared a draft amendment to the Subdivision Ordinance (Chapter 13) that responds to the changes made in State Law. ACTION TO BE CONSIDERED To recommend approval of an Ordinance Amendment to Chapter 13 as outlined in the attached draft ordinance. Please call me at 651-675-5650 if you have any questions. 8V ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER THIRTEEN ENTITLED "SUBDIVISION REGULATIONS (PLATTING)" BY AMENDING SECTION 13.04, DEFINITIONS AND 13.20 REGARDING PUBLIC USES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 1.3.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 13 is hereby amended by amending Section 13.04 to include the following definitions: Section 13.04 -Definitions .:~ ~' , a, .. ,. dedicated to or granted to the public for public use. Section 2. Eagan City Code Chapter 1 ~ is hereby amended by changing Section 13.20, subd, 8, to read as follows: ,~}.. Subd. S. Public uses. A. Parks, trailw-a~~~,recreational areas, pondin~ areas and other public uses. 1. Designation on ~reliminar};:`plat. Where a proposed park, recreational facility as defined in Minn. Stat. § 471.1 ~~I . plav~~roun~d, wetland, trail, ponding or open space area, shown on the city's. comprehensive,auide plan, park c~eveloprnent guide, official map, or suitable alternate approved by the council, is located in the ~~hole or in part in a subdivision, such area or areas shall be shown on the preliminar~,~ plat or otherwise designated to the city. The City must first reasonably determine, however, that such area or areas will need to be acquired for the purposes stated above in this subsection. The CikV, whether acquiring land or a cash contribution in lieu thereof shall wive due consideration to the open space, recreation or common areas and facilities open to the public -that the applicant proposes to reserve for this subdivision in making-such determination. Such,, area or areas shall also be dedicated to the city by the subdivider if the council requests such dedication under the remaining provisions of this subdivision. 2. Parkland dedication or cash contribution. Said dedicated land, which shall be buildable land, shall be in an amount determined to be reasonable by the council as established by resolution fie-abed--as *~--~dedi~t~err-art ~^r ^°'' ~*^'~•~+~^^ ^'~^~• The cash contribution amount shall be established pursuant to Section 13.20,_subd.__10 of this ordinance. The cash contribution amount shall be based on the fair market value of the land no later than at the time of final approval. a^~a '^^~' "' ~^' ''° ^ ~~`~able-~n~-aoo~*~l°~°r ~^~~'- ~~°°°~° ~I In lieu of the conveyance of dedicated land as provided above, the owner or subdivider may, at the option of the city, pay to the city, for use in acquisition and development of parks, a cash payment. The cash payment shall be placed in a special fund to be used only for the purposes for which the payments were obtained. Cash .payments received must be used only for the acquisition and development or improvement of parks, recreational facilities, playQrounds, trails, wetlands, or open space based on the approved park system's plan. Cash payments must not be used for the on oing operation or maintenance of parks, recreational facilities, playgrounds, trails, wetlands or open space. ~. requirements. As a result of resubdividing the property, if the number of lets is increased, then 3. Dedication credits for construction. Dedicati~>n credit shall not be granted for the construction of recreational facilities tu~less a specific agreement granting credit is approved by the council. ~` 4. Dedication of wetlands and pondin~ areas (a) Wetlands and ~ondin~ areas, needed as a part of the overall city storm drainage plan, shall be dedicated in fee or easement at the optii~i of the city grid in a form acceptable to the city. However, no ereditshall be ~i~°cn for park dedication unless said area meets the criteria for public parks as stated in the cit.Y~'s comprehensive p1an,.and the city's park dedication resolution and is approved as such by -the council. Said dedication of land or easement shall be in a form approved by thz council. (bl As a prerequisite to,,plat approval and/or a waiver of plat approval, the applicant shall dedicate «~etlands and p~ndin~~r areas required under the city water quality management plan and/or shall make a cash ct>ntributioi~ to the city's water quality management fund at the city's option. Wetlai~d__and ~pondiu~;' area dedication shall be in an amount as determined by the council as reasonably necessary to comply with the city's water quality management plan. The cash contribution ariiount shalh be as established pursuant to Section 13.20, subd. 10 of this ordinance. . 5. Land in excess E~t~ dedication requirements. Where land proposed for public use exceeds the amount legally and reasonably required by the city and the subdivider will not dedicate the additional amount, the council shall have a maximum of four months from the date of preliminary plat approval by the council to proceed with an option or purchase of said additional amount. Where a purchase is not initiated, the plat shall be revised to permit another use and the processing of the plat shall continue. ~a 6. Timing of dedication. If a new subdivision is designed to be platted into more than one addition, all park or other public use lands contemplated under this section for each phase of the subdivision, except streets, alleys or easements other than those leading directly to such sites, shall be dedicated by the time of approval of the final plat for that phase. 7. Condition of areas to be dedicated. Areas to be dedicated for public use pn~, trail, wetland or ponding shall be brought to a suitable condition by the subdivider prior to acceptance by the city. All dead and diseased trees, trash, junk, unwanted structilres or similar undesirable elements shall be removed by the owner at his expense. Said condition shall also be in accordance with the city handbook on environmental protection. 8. As a prerequisite to plat approval and/or a waiver ~f~lat approval, the applicant shall dedicate land required to complete the city's trail plan and;'or shall make a cash contribution to the city's park trail fund, at the city's option. Land dedication shall be in an al~iu7t as determined by the council as reasonably necessary to comply°:with the eet~rpiete~-thy city's trail. plan in accordance with the city's trail dedication policy. The cash contribution shall be as established pursuant to Section 13.20, subd. 10 of this ordinance. o~~°,a ^„ ^ '~°*° °°''°a~•'° °~'°'~'~~'~°a '~•~ ° ^'..+:°° ^~+r,° ,. ^:' ~^,,, +:..,° +^ a-:,~,°. For residential property, the cash contribution shall be made at the time of approval of the final plat or approval of the waiver of plat in the amount as determined by the rate schedule in effect`:*at the time of the approval. With respect to t .,~ commercial, industrial, or public facility prcipcrt~Y tie cash c~~ntrihution shall be made at the time of the issuance by the city of a building penilit in the amount as determined by the rate schedule in effect at the time of the issuance of the pernlit ~. ~, ,s B. Title and survey. requirements. Lands so dedicated sha 1 be accompanied by a certificate of survey or shall be designated asa lot or outlot on~the plat as determined by the city. Further, such lands shall be free and .clear of all liens and enc~uliibrances including special assessments as evidenced by an up-to-date abstract of title or registered property abstract to be submitted at developer's cost to the'city for its. examination. Such dedication shall be in the form and manner as prescribed by the city attorney. Section 3. Eagan City;.. Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 13.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ~3 G~ O~ ~~~ G ~ G°° ~~e, a ~l~ ~a l ~. ~tis~ ~` A et 4°`~~Seo a`~e~s4a4 .~ ~~ ~S C~ti9 Ya'Oa~G~ Pa ~b"S~~a~ri G°~SS~°o - ~atie0 O{arap~e4 4`a'~pr~ i ~' 4`~~e ° ~~ Agenda Information Memo September 26, 2006 Eagan City Council Meeting B. ORDINANCE AMENDMENT -CITY OF EAGAN ACTION TO BE CONSIDERED: To approve an Ordinance Amendment to Chapter 11 to provide performance standards relative to the screening ground and rooftop-mounted mechanical equipment and direct the City Attorney to prepare and publish the amendment in the legal newspaper. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS - The City Council directed staff to prepare an amendment relative to screening mechanical equipment at their September 5, 2006 regular meeting. - Consistent with the ordinance work that has been completed in regard to exterior building .finishes in commercial and industrial districts, a uniform standard for screening building mechanical equipment will complement that work and will enhance the appearance of buildings throughout Eagan. - While requirements to screen mechanical equipment have been included in some development approvals and planned developments, a current zoning standard exists only in the Cedar Grove District (CGD). A standard requirement in the zoning code could be applied to all new construction and in upgrades and equipment replacement on existing buildings. - The APC held a Public Hearing and recommended approval of the amendment at their regular meeting of September 19, 2006. ATTACHMENTS: (3) Draft September 19, 2006 APC Minutes on page ~. Staff Memo and draft Ordinance Amendment language on a e ~ an~ . Sample language from various surrounding cities on page through ~. g.~ Advisory Planning Commission Minutes September 19, 2006 Page 11 of 11 G. Ordinance Amendment -Chapter 11 -Mechanical Screening Applicant Name: City of Eagan File Number: 01-OR-05-09-06 City Planner Ridley introduced this item and highlighted the background. information. Vice Chair Chavez opened the public hearing. There being no public comment, Vice Chair Chavez closed the public hearing and turned the discussion back to the Commission. There was discussion regarding the language in the Ordinance and needed amendments. Member Feller moved, Member Keeley seconded a motion to recommencJ approval of an Ordinance Amendment -Chapter 11 -Mechanical Screening. A vote was taken. All voted in favor. Motion carried: 5-0. VI. VISITORS TO BE HEARD (FOR THOSE NOT ON AGENDA) There were no visitors to be heard for items not on the agenda. VII. OTHER BUSINESS City Planner Ridley.arnounced that a Workshop would be held at 5:30 p.m. on October 12, 2006. VIII. ADJOURNMENT Member Keeley moved, Member Feller seconded a motion to adjourn the Advisory Planning Commission meeting at 8:40 p.m. All voted in favor. Motion carried 5-0. Respectfully Submitted by: Dana Keeley APC Secretary Camille Worley Recording Secretary O~ From: Mike Ridley, City Planner Date: September 13, 2006 Subject: Ordinance Amendment -Screening Mechanical Equipment At their regular meeting on September 5, 2006, the City Council directed staff to prepare and amendment relating to mechanical equipment and have the Advisory Planning Commission (APC) hold a Public Hearing and make a recommendation. Back rogund_ At the direction of the City Council, Planning staff worked with the APC through 2005 at several workshops to review and discuss the merits and advantages of requiring exterior material finish standards on commercial and industrial development. These design and finish standards were adopted by the City Council earlier this year. While requirements to screen mechanical equipment have been included in some development approvals (primarily Planned Developments), a current zoning standard only exists in the Cedar Grove District (CGD). Proposal Consistent with the ordinance work that has been completed in regard to exterior building finishes, a uniform standard for screening building mechanical equipment will complement that work and will enhance the appearance of buildings throughout Eagan. Draft ordinance language is attached that represents a hybrid of the requirements of several other cities are (also attached for your reference). ACTION TO BE CONSIDERED To recommend approval of an Ordinance Amendment to Chapter 11 to establish uniform standards for screening requirements for ground and roof-mounted mechanical equipment. Please call me at 651-675-5650 if you have any questions. Screening Mechanical Equipment 1. All mechanical equipment shall be shown on the site plan and/or building elevation drawings. 2. Roof or ground-mounted equipment shall not be visible from any adjacent property or street. 3. All mechanical equipment shall be screened in a way that is architecturally compatible with the principal building. 4. The use of wood, in whole or in part, as a screening material shall not be considered as being architecturally compatible unless ttie building is constructed with a wood exterior. 5. Mechanical equipment screening shall be kept in good repair. 6. This ordinance applies to all new construction and for replacement ~f existing units, remodeling and/or expansions of existing buildings. Ground-mounted Eauipment Satisfaction of this screening requirement shall `require that the equipment be fully screened by either a masonry wall or an opac{ue handsca~~c Green. The height of the wall or landscape screen shall. be at least the hei~lrt of the equipment. Masonry walls must be constructed of the sanie materials'. and color as the primary materials comprising the outside walls of the building; landscape screening must be of plant materials that are fully opaque year-round. Roof-m~tlntcd Equipment Satisfaction of this screening requirei.nent shall require that the equipment be fully screened whether by a parapet wall along the edge of the building or by a screen immediately st~i-rounding said equipment. The height of the screen shall be at least the height of the equipli~ent. Parapet walls of sufficient height and as an integral part of the building shall be considered an approved screening method. Rooftop screening must be constructed of durable, low-maintenance materials and be either a complimentary neutral color or the same color as the primary building materials of the outside walls. g8 Samples of existing language in surrounding cities Apple Valley: 155.346 (3) Mechanical protrusions. All necessary mechanical protrusions visible to the exterior shall be screened or handled in a manner such that they are not visually obvious and are compatible with the surrounding development. For rooftop mechanical equipment, satisfaction of this requirement shall require that the equipment be fully screened visually by weather a parapet wall along the edge of the building or by a screen immediately surrounding such equipment. The height of the parapet wall or screen shall be at least the height of the equipment. Parapet walls must be an extension of the primary building materials comprising the outside walls of the building; screens must be constructed of durable, low- maintenance materials and be either a light, neutral color or the same color as the primary building materials of the outside walls. Rooftop equipment shall be setback from the edge of the roof a minimum of 20 feet. For ground mounted equipment, satisfaction of this requirement shall require that the equipment be fully screened by either a masonry wall or an opaque landscape screen. The height of the wall or landscape screen shall be at least the height of the equipment. Masonry walls must be constructed of the same materials and color s the primary materials comprising the outside walls of the building; landscape screening must be of plant materials that are fully opaque year- round. Equipment shall be painted a neutral earth-tone color. All mechanical protrusions shall be pointed out on the site plan and elevations. Lakeville 11-21-13 : SCREENING OF MECHANICAL EQUIPMENT: All rooftop and ground mounted mechanical equipment of residential buildings having five (5) units or more and of nonresidential buildings shall comply with the following standards: A. All rooftop and ground mounted mechanical equipment shall be screened so as to mitigate noise in compliance with section 11-16-25 of this title. B. All rooftop and ground mounted mechanical equipment shall be designed (including exterior color) and located so as to be aesthetically harmonious and compatible with the building. Screening of and landscaping around the equipment maybe required where the design, color, and location of the equipment are found to not effectively buffer noise or provide aesthetic harmony and compatibility. Screening shall be constructed of durable materials which are aesthetically compatible with the structure and which maybe an integral part of the structure. Applicable requirements for access to the equipment shall be observed in the design and construction of the screening. C.Rooftop mechanical equipment less than three feet (3') in height maybe exempt from screening requirements by the zoning administrator. (Ord. 674, sec. 1, 7-17-2000) Bloomington Section 19.52.01. SCREENING OF ROOF-MOUNTED EQUIPMENT. (a) Roof-mounted mechanical equipment installed on buildings constructed within the City shall be screened from view. This requirement shall be deemed satisfied when all parts of the roof-mounted equipment are not visible from ground level observation or at any point on the property, adjacent property, or from adjacent streets. (b) Screening required by this Section shall comply with the following: (1) The screening shall be permanently attached to the building and shall be capable of withstanding all load requirements as outlined in the State of Minnesota Building Code. (2) The screening shall be constructed with materials that are architecturally compatible with the building. The use of wood, in whole or in part, as a screening material shall not be considered as being architecturally compatible unless the building is constructed with a wood exterior. (3) A parapet wall of sufficient height and as an integral part of the building shall be considered as approved screening. (4) Reserved. (5) All roof-top screening shall be kept in repair or in a proper state of preservation. (6) Existing screening which requires major alteration or replacement shall meet the requirements of this Section. Burnsville: The City of Burnsville just adopted new rooftop screening regulations this year and so far they are working well. (E) Utilities: The view of all rooftop equipment and related piping, ducting, electrical and mechanical utilities abutting a street on buildings constructed after January 1, 2006 shall be screened from the ground level view. Screening may include parapet walls, penthouses, or other architecturally integrated elements. Wood fencing or chain link with slats shall not be used for screening. The term `ground level view' shall be defined as the view of the building from the furthest point of the width of the right-of--way from the property line(s) that abut a street. A cross- sectional drawing shall be provided that illustrates the sight lines from the ground level view. For buildings constructed prior to January 1, 2006, for replacement of existing units, remodeling, and building expansions, the ground level view of all rooftop equipment and related piping, ducting, electrical and mechanical utilities shall be painted to match the building, designed to be compatible with the architectural treatment of the principal structure or screened by the use of parapet walls. Wood fencing shall not be used for screening. (D) No accessory equipment such as air conditioning cooling structures or condensers which generate noise shall be located in a required side yard except for side yards abutting streets where equipment is fully screened from view except by conditional use permit. (F) Ground Mechanical Equipment: Ground mechanical equipment shall be screened from contiguous properties and adjacent streets by opaque landscaping, or a ~0 .screen wall shall be provided to be compatible with the architectural treatment of the principal structure Mendota Heights 12-1 D-13 -2 7. Screening Of Mechanical Utilities: Whenever possible, rooftop mechanical units shall be of low profile variety. All ground level and rooftop mechanical utilities, other than low profile rooftop units, shall be completely screened with one or more of the materials used in the construction of the principal structure. Where practicable, rooftop screening shall be accomplished through the use of parapet walls. (2003 Code) ai