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10/02/2007 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING October 2, 2007 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 A. 2007 "PICTURE EAGAN" PHOTO CONTEST WINNERS IV. CONSENT AGENDA A. APPROVE MINUTES /S B. PERSONNEL ITEMS ~, i ~ C. APPROVE CHECK REGISTERS iT D. CANCEL the October 9 and November 13, 2007 Special City Council meetings / 7 E. SCHEDULE Special City Council meetings for October 30 and November 8, 2007 at 5:30 p.m. /~ F. APPROVE Classification of Tax Forfeited Property , 3 3 G. APPROVE Assessment Agreement - 4420 Dodd Road -7a ,~/ H. APPROVE Renewal of Heart Healthy Living Program Agreement for Eagan Community Center ~~ I. APPROVE Tobacco License for Bassil Dyab to sell tobacco products at Go For It Gas, 4206 Nicols Road ~~ J. APPROVE List of Election Judges for the November 6, 2007 Special City Election lp , 5th K. SET Public Hearing date for November 5, 2007 to certify delinquent false alarm bills '~ ~ L. SET Public Hearing date for November 5, 2007 to certify delinquent weed cutting bills ~' M. SET Public Hearing date for November 5, 2007 to certify delinquent utility bills ~q N. APPROVE Work Order Nos. 22-30 for Contract 06-01, TH 149 Reconstruction ~ / O. APPROVE Supplemental Agreements Nos. 2B, 3B & 5 for Contract 06-01, TH 149 Reconstruction ~,pp S3 P. ACKNOWLEDGE Completion and Authorize City Maintenance of Project O1-V, Summit Hill !~,5 ~Q. APPROVE a Revised Joint Powers Agreement in Association with Contract 07-06, Lebanon Hills Storm Sewer Improvements ~ R. RECEIVE Preliminary Assessment Roll and Schedule Final Assessment Public Hearing (November 5, 2007) for Project 942 (Deerwood Drive -Street Overlay) ;/) . J`^~pS. RECEIVE Preliminary Assessment Roll and Schedule Final Assessment Public Hearing (November 5, 2007) for /_ Project 946 (Thomas Center Drive -Street Overlay) . ~ ~ T. RECEIVE Preliminary Assessment Roll and Schedule Final Assessment Public Hearing (November 5, 2007) for Project 947 (Fawn Ridge Adds -Street Overlay) J~ U. RECEIVE Preliminary Assessment Roll and Schedule Final Assessment Public Hearing (November 5, 2007) for Project 948 (Westbury Addition -Street Overlay) ,~`JV. RECEIVE Preliminary Assessment Roll and Schedule Final Assessment Public Hearing (November 5, 2007) for Project 949 (Lexington Square -Street Overlay) ,Q •~DW. AUTHORIZE Resolution of Support for Dakota County Transportation Department's 2008-2012 Capital / Improvement Program lPv~ X. APPROVE Easement Agreement for Contract 07-07 (South Dodd Road -Utilities & Lift Station) ~~ ~3 Y. APPROVE Final Subdivision and Final Planned Development of Manley Commons ~p ~ G~~ Z. APPROVE Final Subdivision for Dodd Parkside /.Q ~ lP'r AA. APPROVE Uniform Signage Plan for Grand Oaks Farmers Market Tn ~ J~ BB. APPROVE Tobacco License for Holiday Stationstores to sell tobacco products at 1650 Diffley Rd. V. PUBLIC HEARINGS 7~ A. VARIANCE -Chapel Lane -David Meyer - A Variance to allow an accessory structure, detached garage, in front located at 526 Chapel Lane on Lot 17, Burrview Acres in the NE'/4 of Section 12. ~j. B. VARIANCE -Covington Lane -Hunter Way - A Variance of 5' to the required 5' side and rear yard setback; a v Variance of 4' to the maximum 10' side wall height for an accessory structure ;and a Variance to the architectural standards for an accessory building located at 1863 Covington Lane on Lot 10, Block 1, Park Ridge 2"d Addition z in the NE '/4 of Section 32. . ~~ ~ . C. VARIANCE -Nicols Suites - A Variance to allow a detached trash enclosure and a variance of 5' to the required structure setback from a state highway located at 4635 Nicols Road on Lot 1, Block 1, Cedarview Addition in the NW '/< of Section 31. VI. OLD BUSINESS VII. NEW BUSINESS .~~~ A. PLANNED DEVELOPMENT AMENDMENT -Yankee Doodle Professional Building -USA Credit Union - A Planned Development Amendment to add an ATM located at 1519 Central Parkway located at SE '/4 Section 09. /~f ~/ B. CONDITIONAL USE PERMIT - Citi Cargo - A Conditional Use Permit to allow outdoor storage of semi-trailers located at 900 Apollo Road on Lot 1, Block 1, Apollo Subdivision in the NE'/o of Section 11. ~, /~ / C. ORDINANCE AMENDMENT - An Amendment to Chapter 11, Section 11.70, Subdivision 28, relative to dynamic signage. ,~~v D. AUTHORIZE COMMENTS Regarding Environmental Assessment for Potential Consolidation of United States Postal Service Facilities at Eagan Bulk Mail Center Site, 3165 Lexington Avenue South VIII. BOARD OF ADJUSTMENTS AND APPEALS . ~~5~ A. CONSIDER REQUEST for Appeal for Central Irrigation Conditions IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE X. ECONOMIC DEVELOPMENT AUTHORITY a ~~ A. Call to Order B. Adopt Agenda C. Approve Minutes D. Old Business ~'~ 1. CEDAR GROVE REDEVELOPMENT DISTRICT -Approve Extension of Occupancy Agreement, Minsk Market E. New Business ~Tc~. 1. CEDAR GROVE REDEVELOPMENT DISTRICT -Purchase Agreement for Acquisition of Bassil Dyab - Former Shell Station Property ~~.~ F. Other Business G. Adjourn XL ADMINISTRATIVE AGENDA /COUNCIL COMMENTS XII. VISITORS TO BE HEARD (for those persons not on agenda) XIII. CLOSED SESSION XIV. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. City of Baran Memo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 28, 2007 SUBJECT: AGENDA INFORMATION FOR OCTOBER 2, 2007 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the October 2, 2007 City Council agenda, the following items are in order for consideration. Agenda Information Memo October 2, 2007 Eagan City Council Meeting RECOGNITIONS AND PRESENTATIONS: A. 2007 "Picture Eagan" Photo Contest Winners ACTION TO BE CONSIDERED: None, except to extend City Council's thanks and congratulations. FACTS: • The "Picture Eagan" amateur photo contest was begun by the Communications Department in 2003 as acost-effective way to gather great views of Eagan. • The goal of the contest is to capture quintessential images of Eagan for use in City publications, on the City's Web site, and to illustrate the great qualities of our community. • The winning photos, as displayed in the hallways here at City Hall, also deepen the appreciation of visitors to our City of all there is to do and experience in Eagan, which was named by Money Magazine last year as the 12`'' most livable City in America with a population of more than 50,000 residents. • The contest is held every two years, so 2007 is the third time the contest has been held. • Previous entrants have included teens through seniors. • Director Garrison has a brief presentation of this year's winners. • The 2007 categories included the Best Postcard View of Eagan, the Best Sense of Volunteerism or Community Service, and Eagan at Play. An additional award is given to the photo judged to be the overall best in show. • This year's judges, in addition to your Communications Department, included the editor of the privately produced Eagan Magazine, and the primary photographer for the Eagan Sun Current. ATTACHMENTS: None. The winning photos will be displayed in the Council Chambers the night of the meeting. a Agenda Information Memo October 2, 2007 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the September 18, 2007 regular City Council meeting, minutes of the September 11, 2007 Special City Council meeting and minutes from the September 25, 2007 City Council Retreat as presented or modified. ATTACHMENTS: • Minutes of the September 18, 2007 regular City Council meeting are enclosed on pages through ~. • Minutes of the September 11, 2007 Special City Council meeting are enclosed on pages through ~o~. • Minutes of the September 25, 2007 City Council Retreat are enclosed on pages /~ through ~ . MINUTES OF A REGULAR MEETING OF THE ©R A F T EAGAN CITY COUNCIL Eagan, Minnesota September 18, 2007 A Listening Session was held at 6:00 p.m. in the Eagan Room prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Tilley, Carlson and Bakken. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on September 18, 2007 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Tilley, Fields and Bakken. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert; City Attorney Michael Dougherty, and Administrative Secretary /Deputy Clerk Mira Pepper. AGENDA Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. CONSENT AGENDA Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve the consent agenda as presented. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the September 4, 2007 regular City Council meeting as presented. B. Personnel Items. 1. Accepted letter of resignation from Erin Schauer, GIS Technician 2. Approved hiring of a CSO/Animal Control Officer contingent upon successful completion of physical, drug and psychological testing 3. Acknowledged hiring of Jake Nicklay as an Accountant/UB Specialist which was approved at the September 4, 2007 Council meeting 4. Accepted letter of resignation from Mike Chell, Water Production Supervisor/Treatment Plant Operator. C. Check Re isg tern. It was recommended to ratify the check registers dated September 6, 2007 as presented. D. Liquor License. It was recommended to approve the on-sale liquor and Sunday license for ERJ Dining IV, LLC dba Chili's Grill & Bar, 3625 Pilot Knob Road. E. General Insurance Renewal. It was recommended to approve the general insurance renewal for the period 7-1-07 to 7-1-08. F. Extension of Conditional Use Permit. It was recommended to approve a one 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 '/< of Section 2. G. Extension for Recording Final Plat and Conditional Use Permit. It was recommended to approve a 30 day extension for recording a Final Plat and Conditional Use Permit for Rick Skinn Addition to create one lot on approximately .70 acres located at 4890 Biscayne Avenue in the SE '/4 of Section 36. H. Tobacco License. It was recommended to approve a Tobacco License for Ibrahim Aqel, dba Eagan Cigars & Tobacco Store at 3450 Pilot Knob Road. I. Contract 07-05. It was recommended to receive the bids for Contract 07-OS (2007 Re-roof South Treatment Plant and Fire Station #5), award a contract to John Dalsin & Sons for Base Bid in the amount of $145,209 and authorize the Mayor and City Clerk to execute all related documents. J. Contract 07-07. It was recommended to approve the plans and specifications for Contract 07-07 (South Dodd Road Utility and Lift Station Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, October 11, 2007. Y Eagan City Council Meeting Minutes September 18, 2007 Page 2 CRAFT K. Ames Crossing Road No Parkin. It was recommended to approve a resolution to prohibit parking on Ames Crossing Road between Lone Oak Road and O'Neil Drive and authorize the Mayor and City Clerk to execute all related documents. L. Contract 06-01. It was recommended to approve Supplemental Agreement Number 4 for Contract 06-01, TH 149 Reconstruction. M. Grant Application. It was recommended to approve a Minnesota Pollution Control Agency (MPCA) Application for a Conservation Design/Low Impact Development (LID) Grant regarding revisions to the City of Eagan City Code and construction specifications. N. Municipal Separate Storm Sewer System Permit Review. It was recommended to accept the Non- Degradation Review of Eagan's MS4 Permit and Adopt a Record of Decision for Submittal to the Minnesota Pollution Control Agency (MPCA by October 1, 2007. O. Wetland Delineation. It was recommended to receive the Wetland Delineation Report for Long Acres Outlet/L,ebanon Hills Regional Park and Affirm its approval. P. Contract 06-08. It was recommended to approve Change Order No. l to Contract 06-08 (North Ridge Drive Storm Drainage Improvements) and authorize the Mayor and City Clerk to execute all related documents. Q. Project 918. It was recommended to receive the Final Assessment Roll for Project 918 (Pilto Knob Road / Lone Oak Road -Street Upgrade & Intersection Reconfiguration) and schedule a public hearing to be held on October 16, 2007. R. Project 944. It was recommended to receive the Final Assessment Roll and Project 944 (Killdeer Addition / Joyce Court -Street Overlay) and schedule a public hearing to be held on October 16, 2007. S. Project 945. IT was recommended to receive the Final Assessment Roll for Project 945 (Sheffield Addition / Sudberry Lane -Street Overlay) and schedule a public hearing to be held on October 16, 2007. T. Lease Agreement - It was recommended to approve a lease with T-Mobile for ground space in O'Leary Park to accommodate cellular equipment control cabinets and authorize the Mayor and Clerk to sign said document. U. Extension for Recording Final Plat. It was recommended to approve a 90-day extension of time to record the final plat for Red pine Crossing, located south of Red Pine Lane and east of Highway 3 in the SE '/4 of Section 36. PUBLIC HEARINGS There were no public hearings. OLD BUSINESS PLANNED DEVELOPMENT AMENDMENT -POTBELLY SANDWICH WORKS City Administrator Hedges introduced this item regarding a Planned Development Amendment to add outdoor seating at 1298 Promenade Place. He noted that this item was briefly discussed, then tabled by the City Council on September 4, 2007 because a Potbelly representative was not present. City Planner Ridley gave a staff report, noting changes to the proposal by the applicant. The applicant was present to answer questions of the Council. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to add outdoor seating at 1298 Promenade Place, legally described as Lot 2, Block 2, Eagan Promenade, in the SE '/4 of Section 10 subject to the following conditions: Aye: 5 Nay: 0 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. 2. The outdoor seating shall conform to the Seating Plan received July 17, 2007, and the perimeter fencing shall be approved by the Eagan Building Inspection Division prior to installation. 3. The south drive aisle shall be signed "No Parking -Fire Lane". Eagan City Council Meeting Minutes September 18, 2007 Page 3 NEW BUSINESS INTERIM USE PERMIT -BUILDING MATERIALS OUTLET ~R'~ FT City Administrator Hedges introduced this item regarding an Interim Use Permit to allow outside storage of trailers and building materials upon a 6.2 acres site located at 2795 Highway 55. City Planner Ridley gave a staff report. The applicant was present to answer questions. Councilmembers held a discussion. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve an Interim Use Permit to allow outside storage of trailers and building materials upon a 6.2 acre site located at 2795 Highway 55 in the west 'h of Section 2, subject to the following conditions: Aye: 5 Nay: 0 1. The permit shall expire upon expiration of the applicant's lease or June 30, 2010, whichever occurs first. 2. The Interim Use Permit shall be recorded within 60 days of its approval by the City Council. 3. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The Interim Use Permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. Retail sales are prohibited. 5. The applicant shall provide a revised Site Plan showing the following: a. Delineate the storage areas; b. Identify emergency vehicle access and driving lanes (20' minimum around south and west sides, 24' drive aisle along east side through the materials storage area); c. Identify required yard setbacks (5' on the side, 5' to the rear); d. Show where and how additional green space will be established. 6. All outside storage shall be contained within the subject parcel, and limited to the areas specified on the approved Site Plan. 7. The outside storage of trailers and building materials is limited to the number and located as shown on the approved Site Plan. 8. All trailers, including the trailer currently stored at the northeast corner of the building with business name and hours, shall be located within the designated trailer storage area shown on the approved Site Plan. A maximum of 13 trailers may be stored within this area. 9. Required setbacks shall be delineated and outdoor storage items shall be moved back from property lines to establish setbacks and yard areas as required by City Code. l 0. The trash storage shall be relocated to the west side of the building such that is screened by the existing buildings from the north east and south. 11. The storage area, both for trailers and building materials, shall be screened from views form Hwy. 55 to the north and east. The applicant shall submit a Screening Plan showing the location and details of the fence and any proposed landscaping. 12. The applicant shall obtain a building permit for the 8' fence and complete required inspections within 60 days of issuance of this permit. 13. The applicant shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City's land disturbance and erosion control regulations. 14. The existing surfacing of the outdoor storage areas shall remain. 15. All parking and storage areas shall be properly maintained to prevent deterioration. 16. No hazardous materials shall be stored on the property. 17. A detailed Landscape Plan prepared by a registered landscape architect shall be submitted for review and approval by City staff. As required by City Code, all landscaped areas shall be served by automatic irrigation. Landscaping shall be installed by October 31, 2007. 18. All signs shall be brought into compliance within 60 days following approval. 19. The applicant shall increase the height of the fire hydrant on the east side of the building, with the work to be completed by October 31, 2007. Eagan City Council Meeting Minutes ®~ September 18, 2007 Page 4 T LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE There were no updates. ADMINISTRATIVE AGENDA Community Development Director Hohenstein discussed a question which was raised following the City Council workshop discussion of dynamic signs regarding the possibility of offering two options for a billboard company to consider in order to apply to install a dynamic sign. Councilmember Tilley moved, Councilmember Bakken seconded a motion to direct staff to provide a one for one sign face reduction as an option to the incentive/public benefit section of the dynamic sign overlay ordinance drab. Aye: 5 Nay: 0 City Administrator Hedges noted that a Closed Session would be held regarding the Cedar Grove Shell Station. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Tilley moved, Councilmember Bakken seconded a motion to adjourn the meeting at 7:10 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. 7 MINUTES ~ n SPECIAL CITY COUNCIL MEETING /q F T TUESDAY, SEPTEMBER 11, 2007 5:30 P.M. EAGAN ROOM -EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Maguire, Councilmembers Bakken, Carlson, Fields and Tilley. City staff present: City Administrator Hedges, Director of Administrative Services VanOverbeke, Parks and Recreation Director Seydell Johnson, Superintendent of Enterprise Operations Mesko, Director of Communications Garrison, City Planner Ridley, Utilities Superintendent Schwanz, Superintendent Olson, Campus Facilities Manager Vaughan, and Director of Community Development Hohenstein. City Attorney Dougherty was also present. I. ROLL CALL AND ADOPTION OF THE AGENDA Mayor Maguire called the meeting to order. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the agenda as presented. Aye: 5, Nay: 0 II. STATEMENT OF DISCLOSURE /PROPOSED EAGAN CHARTER City Administrator Hedges introduced the item noting per the direction of the Council at the September 4, 2007 City Council meeting, the City Attorney has revised the recommended disclosure pertaining to the proposed Eagan Charter. Hedges added that it is proposed that the disclosure statement would accompany any copy of the Charter provided by the City and will be posted on the City's web site where the proposed Charter is also available. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approved the following statement of disclosure pertaining to the proposed Eagan Charter, per the recommendation of the City Attorney: This document was not prepared by or on behalf of the Eagan City Council. Questions concerning the wording or content should be directed to the members of the Charter Commission and not to the Eagan City staff at City Hall. The Eagan City Council is not associated or affiliated in any manner with the Charter Commission. Aye: 5, Nay: 0 The City Council also directed that the disclosure be prepared on blank paper with no City letterhead and that the disclosure be added to the City's web site. Special City Council Minutes September 11, 2007 ~ R ^ r Page 2 /`1 !' ,~ III. PARKS AND RECREATION 5-YEAR CIP City Administrator Hedges introduced the item noting that one of the primary responsibilities of the APrC is the annual preparation and updating of the departmental Capital Improvement Plan, which serves as a blue print and planning guide for Parks' projects. Dorothy Peterson, Chair of the APrC, summarized the process taken by the Commission in preparing the proposed CIP. Superintendent of Parks Olson summarized the proposed 2008 projects. The City Council discussed the proposed projects and the balance of the Parks Site Acquisition and Development Fund. Parks and Recreation Johnson noted that one major acquisition could deplete the fund. The Council also discussed an "adopt a park" program. Director Johnson noted that there are currently a number of volunteers working in the parks and they find that clean up projects are best suited for one-time projects. Councilmember Carlson moved, Councilmember Tilley seconded a motion to direct the formal approval of the 2008 - 2012 Capital Improvement Projects to the September 18, 2007 regular City Council meeting. Aye: 5, Nay: 0 IV. PROPOSED 2008 PUBLIC UTILITY ENTERPRISE BUDGETS City Administrator Hedges provided background information regarding the proposed 2008 Public Utility Enterprise Budgets, which includes water, sanitary sewer, street lighting, storm drainage, and water quality. The City Council discussed the proposed budgets. It was noted that various lakes, ponds and retention basins scattered throughout the system are slowly starting to fill up with sediment and debris requiring major excavation and dredging improvements to restore the pond basin in its original storage capabilities. Director Colbert noted that the excavation and dredging improvements are proposed to be an ongoing maintenance program, and thus an annual allocation is proposed within the budget. Councilmember Tilley, Councilmember Fields seconded a motion to direct the budgets to future City Council meeting for formal consideration. Aye: 5, Nay: 0 V. PROPOSED 2008 CASCADE BAY BUDGET City Administrator Hedges introduced the item noting that the proposed 2008 budget shows a decrease of approximately 1.9 percent. Hedges also added that the balanced budget provides for the appropriate level of renewal and replacement funds, including an allocation for capital equipment and annual debt service. Special City Council Minutes September 11, 2007 Page 3 ~~ ~,~. The City Council discussed efforts needed at Cascade Bay in order for the water park to remain viable, including marketing efforts to focus on the product being provided. Parks and Recreation Director Johnson highlighted some of the current marketing efforts, and noted that group sales remain to be strong and Captain's Course has been an added package to be marketed. The City Council discussed future opportunities available at Cascade Bay. Councilmember Carlson moved, Councilmember Bakken seconded a motion to direct the 2008 Cascade Bay budget to a future City Council meeting for formal consideration. Aye: 5, Nay: 0 VI. PROPOSED 2008 COMMUNITY CENTER BUDGET City Administrator Hedges introduced the item noting that the proposed 2008 Eagan Community Center budget is proposed to increase by 2.9 percent over the 2007 budget. Hedges added that the Council is requested to take action on the proposed 2008 membership rates. Superintendent of Enterprise Operations Mesko provided a history on rates at the Community Center. The City Council discussed the proposed rate increase. Councilmember Fields moved, Councilmember Bakken seconded a motion to raise the 2008 rates to the following: Resident, first member - $35.00; resident -each additional member - $30.00 Non-resident, first member - $40.00; non-resident -each additional member $40.00 Aye: 4, Nay: 1 (Councilmember Tilley opposed) The City Council discussed the proposed Community Center fee schedule. The Council voiced their consensus that they approve of a policy to update the fees bi-annually, thereby increasing predictability and overall stability in revenue forecasting. City Administrator Hedges and Director of Parks and Recreation Johnson summarized proposed expenditures for 2008 at the Community Center. The Council discussed the expenditures and the proposed coffee bar operation. City Administrator Hedges also summarized the successful reorganization of personnel that occurred at the Community Center, noting that more employees are on the floor to accommodate customers. The City Council discussed a proposed new item for The Blast indoor playground. There was also consensus amongst the Council to research lease opportunities with regard to the fitness equipment. ~v Special City Council Minutes September 11, 2007 Page 4 ~R.q F ~' Councilmember Bakken moved, Councilmember Fields seconded a motion to direct the 2008 Community Center budget to a future City Council meeting for formal consideration. Aye: 5, Nay: 0 The City Council recessed at 7:05 p.m. The City Council resumed their meeting at 7:17 p.m. VII. MODIFICATION OF DYNAMIC SIGNBILLBOARD REGULATIONS City Administrator Hedges introduced the item noting that in response to the initial installation of electronic digital billboard signs in late 2006, a number of cities in the region, including Eagan, enacted moratoriums on the placement of additional dynamic signs to permit them to study and consider additional regulations in their regard. Hedges added that the City of Eagan enacted its moratorium in January of 2007 and it is set to expire on October 31, 2007. Community Development Director Hohenstein provided additional background on the issue. The City Council discussed the policy issues surrounding the issue of dynamic signs. The City Council voiced their consensus that steadfast rules need to be applied up front, prior to lifting the moratorium. The Council suggested that a criteria be established as to the amount of time for public service messaging. The City Council also noted that traffic speed monitors should be an exclusion within the ordinance. Following City Council discussion, City Administrator Hedges noted that the proposed City Code amendment regarding the regulation of dynamic sign is scheduled to go before the Eagan Planning Commission on September 25, and back to the City Council at an October City Council meeting. The City Council recessed at 8:32 p.m. The City Council reconvened at 8:42 p.m. VIII. COMMENTS RE: ENVIRONMENTAL ASSESSMENT FOR POTENTIAL CONSOLIDATION OF LISPS FACILITIES AT EAGAN BULK MAIL CENTER SITE City Administrator Hedges noted that no formal action was needed on this item given changes that occurred through a meeting with the Post Office Partnership to discuss the short review time the City has had with regard to the proposed environmental assessment. Mr. Hedges stated that comments to the proposed environmental assessment would be included on an upcoming regular City Council meeting agenda for formal consideration. // Special City Council Minutes ~/`C T September 11, 2007 ~ ~ ~/ Page 5 IX. COMPREHENSIVE GUIDE PLAN REVIEW (LAND USE CHAPTER) City Administrator Hedges introduced the item noting that the City is required to update its Comprehensive Plan every ten years. Hedges added that work in this regard has been ongoing since last year and the City Council has seen draft sections related to Parks and Recreation, transportation and utilities at previous work sessions. City Planner Ridley noted that the Advisory Planning Commission (APC) and City staff have spent a number of workshop meetings working on updating the land use section. Ridley added that in addition to updating facts and figures, the APC has worked on visioning land uses for the next ten to twenty years. Mr. Ridley presented amap/list of the proposed seven special areas created with the 2000 update and the map/list of the nine proposed special areas for the 2008 update. The City Council discussed the purpose of the special area designations, and it was noted that such designations would be needed to support the City Council goals within those areas. The City Council also discussed the public facilities and major office designations. The Council requested that additional review occur on proposed special areas 10, 11 and 12, as well as review with the City Attorney. It was noted that the City Council will have a future opportunity to review the proposed updates to the 2008 Comprehensive Guide chapters. X. OTHER BUSINESS There was no other business. XI. VISITORS TO BE HEARD There were no visitors to be heard. XII. ADJOURNMENT Councilmember Fields moved; Councilmember Tilley seconded a motion to adjourn the meeting at 9:25 p.m. Aye: 5, Nay: 0 ~~~ ~R MINUTES ~ ~~ CITY COUNCIL RETREAT TUESDAY, SEPTEMBER 25, 2007 5:30 P.M. MOONSHINE PARK RETREAT CENTER City Council members present: Mayor Maguire, Councilmembers Bakken, Carlson, Fields, and Tilley. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Communications Garrison and Fire Chief Scott. I. ROLL CALL AND AGENDA ADOPTION Councilmember Carlson moved, Councilmember Fields seconded a motion to adopt the agenda. Aye: 4, Nay: 0 (Mayor Maguire not yet present) Mayor Maguire arrived at 5:39 p.m. II. FIRE DEPARTMENT UPDATE City Administrator Hedges introduced Fire Chief Scott, who provided a summary of the Fire Department's long-term planning discussions, which have included discussions regarding volunteer staffing, apparatus replacement, and station coverage. The City Council discussed the long term needs of the Fire Department. The Council directed the issue of future purchasing of fire apparatus to the Council's Finance Committee. The Council asked to see the City of Mankato's policies pertaining to fire dormitories. III. NOTIFICATION/COMMUNICATION WITH THE PUBLIC The City Council and Communications Director Garrison dialogued about the City's current and future communication strategies, including ways to enhance notification efforts to the public. IV. CITY COUNCIL EXPECTATION AND REVIEW OF 2007-2008 CITY GOALS The City Council reviewed their 2007-2008 City Goals, and discussed progress made over the past nine months. The Council discussed the decrease in crime per the most recent Police activity report. The Council also suggested that staff hold seminars/presentations in local businesses to promote day-time fire fighting opportunities. /~ City Council Retreat Minutes September 25, 2007 Page 2 V. OTHER BUSINESS ~'9Fl The City Council discussed upcoming meeting dates. There was consensus to include an item on the next City Council meeting agenda to schedule a special meeting on November 8 for the purpose of canvassing ballots. There was also consensus to cancel the October 9 workshop and reschedule it on October 30. City Administrator Hedges notes date changes would be included on the October 2 regular City Council agenda for formal consideration. VI. VISITORS TO BE HEARD There were no visitors to be heard. VII. ADJOURN Mayor Maguire moved, Councilmember Bakken seconded a motion to adjourn at 8:30 p.m. ~~1 Agenda Information Memo October 2, 2007 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Resignation/Police Officer-- ACTION TO BE CONSIDERED: To accept the letter of resignation from Brian Caron, Police Officer. Item 2. CSO/Animal Control Officer-- ACTION TO BE CONSIDERED: At the September 18, 2007 City Council meeting, approval was given to the hiring of a person to be named as a CSO/Animal Control Officer. That person's name is Karen Grimm. This item is informational only. ~~ Agenda Information Memo October 2, 2007 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated September 13, 2007 and September 20, 2007 as presented. ATTACHMENTS: ~ .Check registers dated September 13, 2007 and September 20, 2007 are enclosed without page number. ~~ Agenda Memo October 2, 2007 CONSENT AGENDA D. CANCEL THE OCTOBER 9 AND NOVEMBER 13, 2007 SPECIAL CITY COUNCIL MEETINGS E. SCHEDULE SPECIAL CITY COUNCIL MEETINGS FOR OCTOBER 30 AND NOVEMBER 8, 2007 AT 5:30 P.M. ACTIONS TO BE CONSIDERED: D. Cancel the October 9 and November 13, 2007 Special City Council Meetings E. Schedule Special City Council meetings for October 30 and November 8, 2007 at 5:30 p.m. FACTS: • The City Council, at their Goals Retreat on September 25, decided to cancel the October 9 and November 13 special meetings and replace them with one special workshop on October 30. • A special meeting on November 8 is necessary to canvass the ballots from the November 6 City election. ATTACHMENTS: None ~~ Agenda Information Memo October 2, 2007, Eagan City Council Meeting F. APPROVE CLASSIFICATION OF TAX FORFEITED PROPERTY ACTION TO BE CONSIDERED: To declare the following parcels as non-conservation land: 1. 10-42500-080-00 (Knob Hill of Eagan Outlot H) 2. 10-13800-010-00 (Berry Ridge Addition Outlot A) 3. 10-14992-050-01 (Briar Hill 3RD Addition Lot 5 Block 1) 4. 10-33050-071-01 (Hilltop of Eagan Lot 7 Block 1) 5. 10-33050-083-01 (Hilltop of Eagan Part of Lot 8 Block 1) 6. 10-01200-011-05 (Unplatted Part of Section 12) FACTS: • The City has been notified by Dakota County of these parcels noticed as tax forfeited for non-payment of taxes. • The parcels appear to be primarily remnants resulting from development. • Unless the City desires to use any of the parcels for a public purpose, Dakota County has requested that the City approve the classification of the properties as non-conservation land in preparation for sale. The steps are all necessary to follow the legal process. • Department directors have reviewed the parcels and do not see any City public purpose uses that would suggest that the City retain control over any of the parcels. ATTACHMENTS: • Enclosed on paged ~ ~ ~v is a copy of the County resolution. Enclosed on pages ~~~ through ~ 3~ are copies of the site maps and aerial photos for each of the parcels. /d~ CERTIFICATE OF COUNTY BOARD OF CLASSIFICATION OF FORFEITED LANDS PROVIDED BY CHAPTER 386, LAWS 1935 AS AMENDED. To the CITY COUNCIL of the CITY oEAGAN We, the members of the County Board of the County of Dakota, Minnesota, do hereby certify that the parcels of land hereinafter listed are all of the lands which have been classified by us as NON- conservation lands, from the list of lands forfeited to the State of Minnesota for non-payment of taxes for the year or years 2000 ~ 2002 as provided by by Minnesota Statutes 1945, section 282.01 as amended. SUBDNISION 10-42500-080-00 KNOB HILL OF EAGAN OUTLOT H SUBJ TO HWY ESMNT PARCEL 4-1 IN CTY R/W MAP 26A H 10-01700-011-76 SECTION 17 TWN 27 NGE 23 S 1/2 OF SE 1/4 OF E 1/4 EX COM SE CO 80 RDS TO SW COR N 36 E 20 RDS S 6 RDS E RDS TO BEG 8 EX PT IN -01700- 0-75 ` 17 27 23 10-13800-010-00 BERRY RIDGE ADDITION OUTLOT A 10-14992-050-01 BRIAR HILL 3RD ADDITION 5 1 10-33050-071-01 HILLTOP OF EAGAN 71 10-33050-083-01 HILLTOP OF EAGAN PT OF LOT 8 BLK 1 LYING N OF LINE COM SW COR N ON W LINE236.43 FT TO BEG OF LINE (BEING PTA) N 81D17M 07S E 273.88 FT N 47D18M24S E 52.71 FT S 89D10M55S E 330.14 FT TO E LINE & THERE TERM EX BEG PT A N 81 D17M 7S E 273.88 FT N 47D18M24S E 52.71 FT N OD21M39S E 107 FT N 89D38M21 S W 356.74 FT TO W LINE S ALONG W LINE TO BEG EX PT PLATTED BERRY RIDGE ADDITION 61 ~~,-~ ~~i6fl'+-czti'~ ~'~ %} k- ~~~G~ ( /1 10-01200-011-05 SECTION 12 TWN 27 RANGE 23 PT OF SE 1/4 OF NE 1/4 COM AT PT OF INT OF W LINE & S'LY R/W OF HWY 55 SE ON RNV 146.88 FT TO PT OF BEG CONT SE 5.30 FT S 447.54 FT TO PT 143.4FTEOFWLINE SAID SE I/4 OF NE1/4W5 FT N 449.30 FT TO BEG 12 27 23 In witness hereof we have hereunto subscribed our names this day of ~Qp~-~tv~~er l~, ~bO~ Attest: The forgoing classification sale is hereby approved. By the of the of C~~~',~avirman of e oar County r asurer-Au itor EAGAN Dated , ~~ 0 Attachment A-16 .~ c d E n m `o ti m m H T 7 O U m 0 Y f0 w ~_ O v w O c ~` 'o cU o ca U o t0 Y ... f0 Y ~ f0 ~ O T ~ ~ N ~ L N pp c6 T na N O aU ~i I SIGFRID ST E 0 g 0 c~ w SITE MAP ~ Tax Forfeit Parcel PID# 10-42500-080-00 ~1.,,_J! CASHELL GLN r: ~. ~ 1 U 0 Attachment A-16 .~ c m E r m a m `o v a ~= ~, 0 U m 0 Y f0 0 0 w U C7 0 a~ U Oc L' o cU o ~ U o t6 Y .-. l6 Y ~ l9 0 O T ~ ~ N d ~ f6 T d ~' ~ O aU SITE MAP D Tax Forfeit Parcel PID# 10-42500-080-00 2005 Aerial Photography ~~~ 0 Attachment A-12 .~ ON CT C N f6 a N 0 ~' O a n r Q 2~ ~ N y f0 N c 0 U 0 o j 0 U 0 U O c ~' O cU o m U o ~ W Y »-. f9 Y ~ f3 ^ O T C ~ N ~ L N ~ l9 1+ an m o aU EASTER LN 1 i f1 r N O y -~~ m ~ Z . ~ Z ST E Z SITE MAP ~ Tax Forfeit Parcel PID# 10-13800-010-00 v, 0 m O Z r Y Z O ~ J } a ,BERRY RIDGE RD ~ ~~ ~~ Q ~~ d ~ _~ RASPB~ ERTR'Y"Lr D Attachment A-12 .~ c m E r m n a~ D `o a Q iu H f0 d T C O U m 0 Y [0 O w ~_ C7 O 01 U OC ~' O ~U o m U o ~ Y fG Y ~ t6 ^ O ~, O ~ N 'G L d W f0 ~ Q C O dU SITE MAP ~ Tax Forfeit Parcel PID# 10-13800-010-00 2005 Aerial Photography 0 .~ N r a 0 0 Q m m E- c 0 m Y 16 O _~ O U ~~ Oc ~ O U 'o m U o ~II 'Y m Y ~ (Q ~ O T ~ ~ N ~ L ~ ~ (0 T N ~' ~. O aU ' - SILVER BELL RD ; v J W a' g J W 0 J a 0 w ag z a Q OQ'~ PRIVATE ROAD o m ~J~~ OHO Q i '~ .... ...... .... ~~0~ Attachment A-13 0 W 2 a w 2 ~~ /G~( )~ GOLD TRL VO~S~~R~ 'fuRO' .~ AG >`,,.. ~ ; ~~ CINNABAR CT C~.`~ MICA TR SITE MAP p Tax Forfeit Parcel PID# 10-14992-050-01 0 Attachment A-13 .~ c N C N n a~ `o v Q m N lC N ~'- C 7 O U m 0 Y N O w _~ O m U Oc L' o cU o m U o ~ Y .-~ N Y ~ f0 D O T C ~ N N py t0 T °- a d o aU S i T E MAP ~ Tax Forfeit Parcel PID# 10-14992-050-01 2005 Aerial Photography ~x 0 .~ l c F,Q\~ r T~NRD m o ~ =c 00 O Z y Y O m c - BERRY RIDGE RD t- -- ~ ~ J O W U ~ 0: m a Y Z O ~ J ~ ~ _ LL 2 o~ ~ o o m U o fII Y (6 Y ~ f0 O O T ~ ~ N ` ~ N ~ N 7+ d Q d O aU ~' Attachment A-14 CT Z 1 i ~4SP B~RRr~H. v~~ yQQI ~~ DIFFLEY RD - J a O J Q' EASTER LN ~ - /~~ 2 z y ~° Z ~m s SITE MAP p Tax Forteit Parcel PID# 10-33050-071-01 ~~ .~ c m E r m n a> `o v Q a> !A f0 d ~"' T C 7 O U m 0 Y f0 w ~_ O OC ~' O ~U o ca U o IO 'Y ., l0 Y ~ f6 ~ O ~ O ~ N d L ~ O1 fQ ~ d G ~ O aU D Attachment A-14 SITE MAP Q Tax Forfeit Parcel PID# 10-33050-071-01 2005 Aerial Photography ~,~ 1~ 0 Attachment A-15 ON CT c E r . m m D o ~ $ m O ~ Z Y d O ~ J m a ~ I ~, c W U C m F m O O ~ .. LL O ~- O ~ w Oc ~` O ~U o m U o ~ Y «. (O O Q Y t0 ^ O ~~ ~ N vL ~ v, o. ~` mQ aU ._ ~_~' DIFFLEY RD r~~1?~ ~~ ~z~-~ `. SITE MAP O Tax Forfeit Parcel PID# 10-33050-083-01 ~1 .FRTON~„~~ . _. ~' ,~ c a> E r ca a a~ 0 v Q m N fC N C 7 O U m 0 Y f0 0 w _N O N U OC ~' O ~ U o m U o R Y .r N Y ~ ~ O ~,O .p N d L ~ ~ ~ >. na d c aU 5 Attachment A-15 SITE MAP O Tax Forfeit Parcel PID# 10-33050-083-01 2005 Aerial Photography .~ c m E m 0 d N f9 d T C 7 O U m Y o ~~~~~N/ "CRANEC c~ o - a~ V T OC 2` o' o ~ CHAPEL LN U o ~ Y Y ~ c0 D O ~., O ,p N ~ L `1 ~ d ~" a` v /~- 0 Attachment A-10 SITE MAP , p Tax Forteit Parcel PID# 10-01200-011-05 ~~ .~ c m E m n m `o a Q a`> (/1 l0 d T C 7 O U m 0 Y l0 0 O _~ w O Oc ~' 'o ~ U o ~ U p fQ Y w f0 Y ~ O ), O ~ N ~ L ~ ~ c0 T d ~' ~ O aU 0 Attachment A-10 SITE MAP Q Tax Forfeit Parcel PID# 10-01200-011-05 2005 Aerial Photography ~~, Agenda Information Memo October 2, 2007, Eagan City Council G. APPROVE ASSESSMENT AGREEMENT - 4420 DODD ROAD ACTION TO BE CONSIDERED: To approve an assessment agreement with the property owner (Heide Schiela) for 4420 Dodd Road. FACTS: • State "Green Acres" law permits deferral of property taxes and special assessments for certain agricultural or specialized use property (such as a nursery or a greenhouse). • The result of "Green Acres" property tax status is that the property is classified as agricultural and taxed accordingly. Special assessments are deferred with interest until the property is reclassified. When assessments are deferred in this manner, the City assumes the obligation to make bond debt service payments from other taxpayers and/or other revenues. • Dakota County is the governmental agency responsible for determining eligibility for Green Acres status and the City has not taken an active role in eligibility determinations other then to occasionally inquire about a particular parcel and its status. • The property located at 4420 Dodd Road owned by Heide Schiela has lost its Green Acres status and deferred assessments ($46,713.04), are now due. • The agreement provides for deferment of the Green Acres balance ($46,713.04) and the remaining balance on one levy still running ($490.00) for a total deferred principal amount of $47,203.04. • Ms. Schiela is eligible for a Senior Citizen deferment and has agreed to the assessment agreement that provides for future collection of the assessment with additional interest. Collection will be triggered by any one of numerous events related to her as the owner or to the property, e.g. sale, development, etc. ATTACHMENTS: ,r • Enclosed on pages ~`1 through ~ is a copy of the agreement. ~~ ASSESSMENT AGREEMENT This Assessment Agreement ("Agreement") is made this ~~ day of ~~ , 2007, by and between HEIDE SCHIELA, a single person (hereinafter "Landowner"), and the CITY OF EAGAN, a Minnesota municipal corporation (hereinafter "City") (hereinafter collectively referred to as the "Parties"). WHEREAS, Landowner is the fee owner of property located in the City of Eagan, County of Dakota, State of Minnesota and legally described as: All that part of the North Half of the Southwest Quarter (N1/2 SW '/4) and the. Northwest Quarter of the Southeast Quarter (NW1/4 SE '/4) of Section Twenty- five (25), Township Twenty-seven (27), North, Range Twenty-three (23), West, described as follows: Beginning at the Northeast corner of said North Half of Southwest Quarter (N1/2 SW '/4) and running thence North 88°53' West along the North line thereof 618.68 feet to its intersection with the centerline of Dodd Road; thence South 4°55'50" West along said centerline 206.59 feet; thence South 12°45'50" West along said centerline 100.00 feet; thence South 20°15' West along said centerline 111.0 feet; thence South 79°0' East 992.7 feet; thence North 1°06'50" East 579.5 feet to the North line of the Northwest Quarter of the Southeast Quarter (NW1/4 SE1/4) of said Section; thence North 88°53' West along said North line 282.45 feet to the point of beginning, containing 10.56 acres, more or less, according to the Government survey thereof. (hereinafter the "Property") WHEREAS, as part of various public improvements as shown on Exhibit "A" (hereinafter the "Projects"), the City assessed the Property for improvements associated with the Projects; and WHEREAS, all of the assessments for the improvements were deferred under Minn. Stat. §273.111 the "green acres" property tax status; and WHEREAS, the "green acres" property tax status has been removed from the Property; and 3~ WHEREAS, the Landowner has provided to the City sufficient information to qualify for the senior citizen's deferral pursuant to Section 2.75 of the Eagan City Code; and WHEREAS, the Landowner has requested that the City defer collection of the assessments for the improvements until the occurrence of an event as specified below; and WHEREAS, the amount of the assessments, together with interest thereon, at the time of this Agreement is in the amount of $47,203.04; and WHEREAS, the City has determined that the Landowner currently qualified for the senior citizen's deferral pursuant to Section 2.75 of the Eagan City Code and the City is willing to defer collection of the assessments for the improvements upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties do hereby agree as follows: 1. The Landowner agrees to reassessment of the assessments for the Projects by the City 2. Landowner warrants that she is the sole owner of the Property and that she has full power and authority to make this Agreement. 3. The Landowner may defer payment of the balance of the assessments, together with interest accruing thereon, which balance as of this date equals $47,203.04. The assessment and accrued interest shall be payable in a lump sum payment upon the sale, transfer, subdivision of the Property or any part thereof, whichever occurs first; or the Landowner no longer qualifies for senior citizen's deferral; or the Landowner no longer resides on the Property; or the death of the Landowner; or if the Property should for any reason lose its homestead status; or if for any reason the City Council determines that there would be no hardship to require immediate or partial payment. 4. Upon the occurrence of an event described above, the deferred assessment shall be immediately due and payable. The deferred assessment shall bear interest at the rate of eight percent (8%) per annum, beginning January 1, 2008. 5. Waiver. The Landowner hereby accepts deferred assessments for the improvements in the total amount of $47,203.04. The Landowner hereby waives the right to object or appeal the assessments pursuant to Minn. Stat. § 429.081 and further waives notices and hearings on this Agreement. 6. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties' heirs, successors and assigns and shall run with the land. ~~ LANDOWNER: ~ ~2~~~ Heide Schiela CITY OF EAGAN: By: Mike Maguire Its: Mayor By: Maria Petersen Its: Clerk STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this~5~ day of ~-~ . 1,,,~ _, 2007, by Heide Schiela, a single person. No y P is STATE OF MINNESOTA ) ) SS. COUNTY OF DAKOTA ) EUGENE J.VANOVERBEKE NOTARY PUBLIC- MWNESOTA My ConuNsMon Expires Jan. 31. ZO10 The foregoing instrument -was acknowledged before me this day of 2007, by Mike Maguire and Maria Petersen, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public 3 ~~ APPROVED AS TO FORM: City Attorney's Office Dated: APPROVED AS TO CONTENT: Administrative Services Department Dated: THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432-3136 (JFS: 206-26973) ?~ EXHIBIT A Special Assessment Number 101092 101093 101094 101095 101096 102574 102574 Assessment Description STREET 241 S TRK 241 S LAT 241 W LAT 241 W TRK 241 ST 659 ST 659 Amount $10,800.64 8,215.38 7,158.32 5,993.08 8,215.38 6, 330.24 490.00 $ 47,203.04 ~~ Agenda Memo October 2, 2007 City Council Meeting H. APPROVE Renewal of Heart Healthy Living Program Agreement for Eagan Community Center ACTION TO BE CONSIDERED: To approve the renewal of a contract with Heart Healthy Living, P.A. to provide cardiac rehabilitation maintenance program services at the Eagan Community Center and direct the Mayor and City Clerk to sign the agreement document. FACTS: • Heart Healthy Living, P.A. (HHL) is an independent contract service that offers Phase III/IV Cardiac Rehabilitation Maintenance Program services. • HHL wishes to continue their contract from October 2007 through September 2008 for the use of the Eagan Community Center's exercise studio, walking track, exercise equipment, conference room and locker rooms Monday, Wednesday and Friday from 11:00 a.m. -12:15 p.m. for HHL clients and staff. • HHL's agreement pays the City 20% of all revenue gained by client program participation fees, which is confirmed by monthly attendance sheets. • HHL will provide general liability insurance at $1,000,000 per occurrence and $1,000,000 per year as well and Professional Liability at $1,000 per occurrence and $1,000,000 per year. • This has been a very positive and successful partnership that began in 2004 and continues to provide a positive benefit to the participants and ECC. ATTACHMENTS: None 11 Agenda Memo October 2, 2007 CONSENT AGENDA: I. TOBACCO LICENSE FOR BASSIL DYAB - 4206 NICOLS ROAD ACTION TO BE CONSIDERED: Approve a Tobacco License for Bassil Dyab to sell tobacco products at Go For It Gas, 4206 Nicols Road FACTS: • Bassil Dyab has applied for a Tobacco License for the Go For It Gas Station at 4206 Nicols Road • Mr. Dyab recently purchased the station where a tobacco license was previously held by Mohamed Musani • All requirements of the application have been met • The Police Department has reviewed the application and sees no reason to deny ATTACHMENTS: None. The application is available for review in the Administration Department ~~ Agenda Information Memo October 2, 2007, Eagan City Council Meeting J. APPROVE LIST OF ELECTION JUDGES FOR THE NOVEMBER 6, 2007 SPECIAL CITY ELECTION ACTION TO BE CONSIDERED: To approve the list of election judges for the November 6, 2007 Special City Election. ATTACHMENTS (1) Attached on pages Tai through '~~is the list of election judges for the Special City Election. ~/ Special City Election Judges -November 6, 2007 LAST=NAME FIRST BAKER MARION BATTIS VIRGINIA BELLILE GROVER BESEKE CAROLYN BRINK MURIEL BROST KENT BURBACH TRICIA BURKARD SHIRLEY BUTLER ELIZABETH CANNELLA ROBERT CARLSON DOROTHY CHRISTOPHERSON JUDY COHOES KAREN COLEMAN TONY COLLINS ROYCE KATHY COLOGNA DIANE COOK GAI L COOK LARRY CRANE WENDY DANNER MARGO DARE KAREN DAVIS TERRY DeNARDO BOB DEVINE JUDY DINGMAN BARBARA DODGE GERIANNE DVORAK MARILYN DZIELSKY SHIRLEE FAIRCHILD CARALYNE FISCHER CHARLES FOX BARBARA FREUND CAROL GIGNAC MILLIE GLOVER KELLY GRASS DARELL HAGEN KAY HANSEN JUDY HANSEN PAUL HANSON KRISTIN HARMON JEAN HARVEY EILEEN 'TC~~ HASH HERDIS HASH ORLANDO HAZEL KIM HAUSLADEN RAY HAUSLADEN NANCY HEURUNG SHIRLEY HOBOT DIANNE HOLZEMER MARION HUDSON BILL IFFERT RICHARD JABBRA VICKIE JANDEWERTH HENRY JONES CHRISTINE JONES MARGIE JORGENSON DARLETTE KAEDER PATRICIA KAESS MIKE KAHLE BARB KAHN JAMES KAMBEITZ BERNETTA KELLEY AMY KIEMELE MELINDA KIVI DEANNA KLANG SHIRLEE KOESTER BARBARA KOMPELIEN DAVID KOSEK CAROLYN KRECH SHARON KREITZ ALICE KRISNIK YVONNE KRUEGER CINDY KUCKER RACHEL LANE MARIE LaP01 NTE LISA LEEAN DON LIBERTY DONNA LIGHT LAURIE LOUIS CHARLEEN LUCIANO ZENAIDA MARCH BARBARA ANN MCDONALD DENNIS MCGUIRE MARY MCKEOWN WILLIAM MCLAUGHLIN LAVERNE ~~ MESEROW SUE MEYER GARY MILLER JUDY MILLER SHARON MORRISON KENNETH MORTELL KATHARI NA MUNSTERMAN MARY NELSON JUDITH A NEMER BARBARA NICOLAY RICHARD NORBERG JARED O'GORMAN LYNN O'GORMAN MARK OLSON DOUGLAS OPRIS DOROTHY PATNODE JIM PAUL PATTI PEDERSON MARY JANE PETERSON JANE PETERSON WILLIAM PETTY LISA PHILLIPS CHARLEEN REISHUS FREDERICK RENISH SALLY RESTAD ARLEN ROSS BETTY RUZICKA MARTIE SCHINDELDECKER WILLARD SCHINDELDECKER MILLIE SCHMITZ PAMELA SCHWAPPACH KATHRYN SCHWAPPACH DONALD SCHWARTZ BEVERLY SCHWARTZ MELISSA SEVERSON JODY SEXTON MICHAEL SHEARON MARY SHUMER ROB SHUMER SUSAN SIMMONS MARSHALL SIROTIAK ANDREW SKLUZACEK TED SMITH SUE SMITH NANCY I ~~ SORENSON SEDONIA (SID) STEVENS DONALD STEVENS JANET STEVENSON CHERYL SULLIVAN BRIAN SWEDEAN DICK TAYLOR CEYLON THOMAS ANN THOMPSON WARREN THORSTENSON ARDIS TRAUTMAN NANCY TUMINI CAROL TURNHAM DALE TYRE ROYCE DECKER KAREN VANOVERBEKE JOANN VARGHESE SHAJI VIERRA WILLIAM O. VIHOVDE FRED VI HOVDE CAROL VOGT DALE YOLK ARDITH WANDERSEE KAY WARD JERRY WATTS LINDA WILLIAMS EILEEN WILSON MARY ANN WIRTH BARBARA WISNEW FRANK WOLF MORGAN WORKE KAREN YAMANAKA LYNN ~~ Agenda Information Memo October 2, 2007, Eagan City Council Meeting K. SET PUBLIC HEARING DATE FOR NOVEMBER 5.2007 TO CERTIFY DELINQUENT FALSE ALARM BILLS ACTION TO BE CONSIDERED: To set a public hearing for November 5, 2007 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. FACTS: - On asemi-annual basis, the City reviews and considers delinquent false alarm balances for certification to property tax statements for collection. - The City currently has 3 delinquent accounts in the amount of $1,430. Additional information will be provided at the time of the public hearing. ATTACHMENTS (0): ~~ Agenda Information Memo October 2, 2007, Eagan City Council Meeting L. SET PUBLIC HEARING DATE FOR NOVEMBER 5, 2007_TO CERTIFY DELINQUENT WEED CUTTING BILLS ACTION TO BE CONSIDERED: To set a public hearing for November 5, 2007 to consider the final assessment of the delinquent weed cutting bills and certify them to Dakota County for collection with property taxes. FACTS: - On asemi-annual basis, the City reviews and considers delinquent weed cutting balances for certification to property tax statements for collection. - The City currently has 12 delinquent accounts in the amount of $1,807.50. Additional information will be provided at the time of the public hearing. ATTACHMENTS (0): '~` Agenda Information Memo October 2, 2007 Eagan City Council Meeting CONSENT AGENDA M. SET PUBLIC HEARING DATE FOR NOVEMBER 5TH TO CERTIFY DELINQUENT UTILITY BILLS ACTION TO BE CONSIDERED: To set a public hearing for November 5, 2007 to consider the final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. FACTS: On asemi-annual basis, the City reviews and considers delinquent utility balances for certification to property tax statements for collection. No attachments ~~ Agenda Information Memo October 2, 2007 Eagan City Council Meeting N. CONTRACT 06-01 TH 149 RECONSTRUCTION & UPGRADE (TH 55 - ALBANO TRAIL) ACTION TO BE CONSIDERED: Approve Work Order Numbers 22-30 for Contract 06-01, TH 149 Reconstruction. FACTS: • The City of Eagan is the lead agency in partnership with the Minnesota Department of Transportation (MnDOT) for Contract 06-01 which provides for the upgrade of a 2.7 mile segment of Trunk Highway (TH) 149, beginning north of TH 55 and terminating in Inver Grove Heights at Albano Trail (south of Rich Valley Blvd/Co. Rd. 71). The upgrading of TH 149 to a 4-lane divided roadway includes a new traffic signal at the intersection of Wescott Road, and dedicated safety turn lanes at various street intersections. A trail will also be constructed along the east side between TH 55 and Wescott Road. • Work Order No. 22 provides for revisions to the traffic signal at Wescott Road to accommodate interconnection of the traffic signal to the railroad signal. The increased costs associated with this revision will be financed by the Major Street Fund. (ADD $2,530.00) • Work Order No. 23 provides for the installation of a concrete culvert under the existing driveway at 3200/3240 Dodd Road to provide adequate storm water drainage. The increased costs associated with this addition will be financed by the Major Street Fund. (ADD $6,300.00) • Work Order No. 24 provides for the removal and replacement of concrete curb and gutter to provide for a satisfactory pedestrian crossing at a concrete median. The increased costs associated with this addition will be financed by the Major Street Fund. (ADD $750.00) • Work Order No. 25 provides for the regrading of the bituminous trail embankment and aggregate base material fora 300-foot segment north of Opperman Drive to accommodate the location of utility poles. The increased costs associated with this addition will be financed by the Major Street Fund. (ADD $1,000.00) • Work Order No. 26 provides for raising an in-place fire hydrant to match the future grade. The increased costs associated with this addition will be financed by the Major Street Fund. (ADD $3,100.00) • Work Order No. 27 provides for installing an underground electrical service to an existing sanitary sewer meter station. The increased costs associated with this addition will be financed by the Sanitary Sewer Trunk Fund. (ADD $7,000.00) • Work Order No. 28 provides for extending an in-place storm sewer pipe to match the proposed slopes in the surrounding area. The increased costs associated with this addition will be financed by the Major Street Fund. (ADD $2,250.00) ~~I Agenda Information Memo October 2, 2007 Eagan City Council Meeting N. CONTRACT 06-01, TH 149 RECONSTRUCTION & UPGRADE (TH 55 - ALBANO TRAIL) (Continued) • Work Order No. 29 provides for salvaging and reinstalling rip-rap and a storm sewer apron to accommodate the work included in Work Order 28. The increased costs associated with this addition will be financed by the Major Street Fund. (ADD $2,000.00) • Work Order No. 30 provides for removal of in-place bituminous pavement to accomodate the installation of concrete curb and gutter to protect the existing railroad signals at Azalea Way and Wescott Road. The increased costs associated with this addition will be financed by the Major Street Fund. (ADD $4,000.00) • The costs associated with these Work Orders have been reviewed by MnDOT and determined to be consistent with bid prices received for relevant bid items on other projects within the metropolitan area. • The Work Orders have been reviewed by the Engineering Division and found to be in order for favorable Council action. ,~C~ Agenda Information Memo October 2, 2007 Eagan City Council Meeting O. CON_ TRACT 06-O1, TH 149 RECONSTRUCTION & UPGRADE (TH 55 - ALBANO TRAIL) ACTION TO BE CONSIDERED: Approve Supplemental Agreement Numbers 2B, 3B and 5 for Contract 06-01, TH 149 Reconstruction. FACTS: • The City of Eagan is the lead agency in partnership with the Minnesota Department of Transportation (MnDOT) for Contract 06-01 which provides for the upgrade of a 2.7 mile segment of Trunk Highway (TH) 149, beginning north of TH 55 and terminating in Inver Grove Heights at Albano Trail (south of Rich Valley Blvd/Co. Rd. 71). The upgrading of TH 149 to a 4-lane divided roadway includes a new traffic signal at the intersection of Wescott Road, and dedicated safety turn lanes at various street intersections. A trail will also be constructed along the east side between TH 55 and Wescott Road. • Supplemental Agreement No. 2, Part B provides for the removal of unexpected, unsuitable soils below the proposed roadway as well as its replacement with appropriate backfill material to provide a stable pavement foundation. Part A of this Supplemental Agreement was approved by the City Council on June 19, 2007 with a preliminary estimated cost (ADD $241,659). The work required by this Supplemental Agreement has been substantially completed and a final value, based on actual quantities of work accomplished, is now available. Part B of this Supplemental Agreement establishes the final estimated value of this work (ADD $701,505). The significant change in cost (INCREASE $459,846) is attributable to unknown subsurface conditions at the time of the preliminary estimate. As a result, a two-part approval is required. • Supplemental Agreement No. 3, Part B provides for additional excavation required to remove existing concrete pavement located under TH 149. Part A of this agreement was approved by the City Council on July 17, 2007 with a preliminary estimated cost (ADD $16,000). The work required by this Supplemental Agreement has been substantially completed and a final value, based on actual quantities of work accomplished, is now available. Part B of this Supplemental Agreement establishes the final estimated value of this work (ADD $8,400). As a result, a two-part approval is required. • The City requested additional funding from Mn/DOT to help cover the additional costs associated with Supplemental Agreement Numbers 2A&B and 3A&B. The City was recently informed that MnDOT has approved an additional $432,000 as compensation for these additional costs incurred. A formal agreement with MnDOT for this additional funding will be presented for the Council's approval at an upcoming regular meeting. • Supplemental Agreement No. 5 provides for the construction of an additional westbound through lane and preparatory grading for the construction of an additional southbound right-turn lane at the intersection of TH 149 and Opperman Drive per the ~~ Agenda Information Memo October 2, 2007 Eagan City Council Meeting O. CONTRACT_ 06-O1, TH 149 RECONSTRUCTION & UPGRADE (TH 55 - ALBANO TRAIL) • petitioned request of Thomson West Legal & Regulatory (TLR) as part of City Project 950 (TH 149/Opperman Drive Intersection Reconfiguration and Access Improvements) and was incorporated with this contract to achieve an economy of scale benefit. It also incorporates eleven (11) revised plan sheets into the project contract. The increased costs associated with this addition will be temporarily financed by the Major Street Fund (ADD $99,069.18) with reimbursement paid by TLR for their related responsibilities. • The costs associated with all Supplemental Agreements have been reviewed by MnDOT and determined to be consistent with bid prices received for relevant bid items on other projects within the metropolitan area. • The Supplemental Agreements have also been reviewed by the Engineering Division and found to be in order for favorable Council action. J~~ Agenda Information Memo October 2, 2007 Eagan City Council Meeting P. PROJECT Ol-V. SUMMIT HILL ACTION TO BE CONSIDERED: Acknowledge the completion of Contract O1-V (Summit Hill -Street & Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Summit Hill was constructed southeast of the intersection of Diffley Road (County State Aid Highway 30) and Johnny Cake Ridge Road. This development required the installation of sanitary sewer, water main, and storm sewer, as well as the construction of a private street, Summit Hill, which was 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 Deparhnent and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. ~~ Agenda Information Memo October 2, 2007 Eagan City Council Meeting Q. JOINT POWERS AGREEMENT -REVISION (LEBANON HILLS REGIONAL PARK) ACTION TO BE CONSIDERED: Approve a revision to the Joint Powers Agreement with Dakota County, Rosemount and Apple Valley for Lebanon Hills Regional Park Storm Water Management and Project 905R and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan's Comprehensive Storm Water Management Plan identifies a concept of providing for the managed conveyance of storm water flows from southeast Eagan into and through, as well as for, Dakota County's Lebanon Hills Regional Park (LHRP). This improvement, identified as Project 905 was originally approved by the City Council on July 6, 2004, re-approved as 905R on May 1, 2007 and programmed for construction in 2007 in previously approved Capital Improvement Plans (font 07-06). • Since the runoff from the LHRP incorporates two watershed organizations (Gun Club Lake & Vermillion River) and will provide for the ultimate drainage from multiple agencies (Dakota County, Rosemount, Apple Valley & Eagan), it took a considerable amount of discussion and negotiations to achieve an acceptable method of cost allocation to all jurisdictions. The end result was a comprehensive Joint Powers Agreements between all agencies. Typical trunk area storm sewer assessments are proposed for Eagan property owners and Dakota County with Rosemount and Apple Valley covering the remaining shortfall in a proportionate manner to their drainage areas. • This resulted in DC contributing $1,474,900 and Eagan $1,181,213 based on predetermined special assessments to Park and private property within the watershed. Rosemount and Apple Valley were proposed to proportionately split the difference between the yet to be determined final construction costs and the preset assessment revenue (estimated at $639,046 & $96,201 respectively). • Rosemount then subsequently negotiated a JPA with the Vermillion River Watershed Organization for financial assistance with their responsibilities. As part of that negotiation, neither Rosemount nor Vermillion River would accept the concept of Rosemount's contribution being a variable (up or down) ultimately dependent on the final construction costs of another city's design and contract. • This impasse required a negotiated compromise between Eagan, Dakota County and Rosemount where Rosemount's contribution will be firmly set at $639,046 ($544,830 after the DNR grant). Eagan and Dakota County will assume the "risk/reward" of any overage/under-run on a 50/50 basis. The other revision to the previously approved JPA requires Dakota County approval for a contract award if the low bid exceeds 10% of the feasibility report estimate ($2,278,600). Both Dakota County and Rosemount have approved this latest revision. J Agenda Information Memo October 2, 2007 Eagan City Council Meeting R. PROJECT 942, DEERWOOD DRIVE (BLACKHAWK RD TO PILOT KNOB RD) -STREET OVERLAY -FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 942 (Deerwood Drive -Street Overlay) and schedule a public hearing to be held on November 5, 2007. FACTS: • Project 942 provided for the bituminous overlay of Deerwood Drive between Blackhawk Road and Pilot Knob Road, and road-narrowing of Deerwood Drive at the Riverton Avenue and Rocky Lane/ Deerwood Elementary driveway. The street improvements were completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 07-01, 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 November 21, 2006. ~~ Agenda Information Memo October 2, 2007 Eagan City Council Meeting S. PROJECT 946, THOMAS CENTER DRIVE -STREET OVERLAY FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 946 (Thomas Center Drive -Street Overlay) and schedule a public hearing to be held on November 5, 2007. FACTS: • Project 946 provided for the bituminous overlay of Thomas Center Drive between Thomas Lake Road and Cliff Road (assessable), and the installation of a bituminous trail segment along the west side of Thomas Lake Road between Thomas Center Drive and the Highline Trail (non-assessable). The street and trail improvements were completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 07-01, 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 November 26, 2006. ~~ Agenda Information Memo October 2, 2007 Eagan City Council Meeting T. PROJECT 947, FAWN RIDGE 1sT/ 2ND ADDITIONS -STREET OVERLAY - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 947 (Fawn Ridge 1St/ 2°d Additions -Street Overlay) and schedule a public hearing to be held on November 5, 2007. FACTS: • Project 947 provided for the bituminous overlay of numerous streets within Fawn Ridge 1St & 2°a Additions neighborhood, located east of Dodd Road, and south of Wilderness Run Road. The street improvements were completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 07-01, 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 January 2, 2007. ~~ Agenda Information Memo October 2, 2007 Eagan City Council Meeting U. PROJECT 948, WESTBURY ADDITIONS -STREET OVERLAY -FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 948 (Westbury Additions -Street Overlay) and schedule a public hearing to be held on November 5, 2007. FACTS: • Project 948 provided for the bituminous overlay of numerous streets within westbury Additions neighborhood, located south of Wescott Road, and west of Lexington Avenue. The street improvements were completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 07-01, 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 19, 2006. ~~~ J Agenda Information Memo October 2, 2007 Eagan City Council Meeting V. PROJECT 949, LEXINGTON SQUARE ADDITIONS -STREET OVERLAY - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 949 (Lexington Square Additions -Street Overlay) and schedule a public hearing to be held on November 5, 2007. FACTS: • Project 949 provided for the bituminous overlay of numerous streets within Lexington Square Additions neighborhood, located south of Wescott Road, and east of Lexington Avenue. The street improvements were completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 07-01, 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 19, 2006. ~~ Agenda Information Memo October 2, 2007 Eagan City Council Meeting W. CAPITAL IMPROVEMENT PLAN (2008-2012) DAKOTA COUNTY ACTION TO BE CONSIDERED: Approve Dakota County's draft 5-year Transportation Capital Improvement Program for 2008-2012. FACTS: • At the May 8, 2007, Special Council Workshop, the Council reviewed and discussed the proposed Public Works Department's 5-year Capital Improvement Program (CIP) for 2008-2012. After consideration, the Council affirmed the draft CIP. • On June 5, the City Council approved the 5-year CIP as discussed at the May 8 Council Workshop, including improvements to County Highways that are important to the City of Eagan. Since the County and City share the cost of all County Highway improvements on a 55/45 split, a comparison of our requests to the County's current CIP were forwarded to the County for consideration in preparing their next CIP (2008-2012) • The Dakota County Transportation Department has now completed their draft 5-year CIP for 2008-2012 which is scheduled to be presented to the County Board for approval on December 18, 2007. • After reviewing Eagan's C1P, as well as their own County Transportation Plan, the County has included all of the County Highway improvements proposed by the City, such as major road upgrades, but doesn't reference specific signalized intersection or trail improvements. The County C1P includes funding for such minor improvements, but does not commit to individual project areas. • The County has now requested that the City formally approve the County's draft CIP for 2008-2012. City staff has reviewed it and found it in order for favorable Council consideration. ATTACHMENTS: • Comparison of City and County CIP's, page ~_ ~~ 5-yr Capital Improvement Plan (CIP) Eagan (2008-2012) vs. County (2008-2012) September 26, 2007 CIP IMPROVEMENTS ROADS 1. CSAH 28, Yankee Doodle Road (Promenade Ave to Lexington Ave) Upgrade to 6 Lanes w/Intersection Modifications & Trails 2. CSAH 26, Lone Oak Road (TH 55 to Inver Grove Heights) Upgrade to Urban 4-Lane Divided w/ Trails SIGNALS /INTERSECTIONS 1. CSAH 30, Diffley Road at Rahn Road Intersection Reconfiguration/Traffic Control Upgrade 2. CSAH 43, Lexington Avenue at Northview Park Road New Traffic Signal Installation 3. CSAH 28, Yankee Doodle Road at Elrene Rd New Traffic Signal Installation 4. CSAH 30, Diffley Road at Blackhawk Road Intersection Reconfiguration (NB Right-turn) & Traffic Signal Modification 5. CSAH 28, Yankee Doodle Road at TH 13 Traffic Signal Modification (SW Signal Pole) 6. CSAH 31, Pilot Knob Road at Deerwood Drive Intersection Reconfiguration (SB Right-turn) & Traffic Signal Modification 7. CSAH 28, Yankee Doodle Road at Elrene Rd New Traffic Signal Installation 8. CSAH 30, Diffley Road at Nicols Road Intersection Reconfiguration & Traffic Signal Modification 9. CSAH 32, Cliff Road at Nicols Road Intersection Reconfiguration & Traffic Signal Modification 10. CSAH 26, Lone Oak Road at TH 55 Intersection Reconfiguration & Traffic Signal Modification 11. CSAH 30, Diffley Road at Cedar Avenue Intersection Reconfiguration/Traffic Control Upgrade 12. CSAH 32, Cliff Road at Johnny Cake Ridge Road Intersection Reconfiguration & Traffic Signal Modification TRAILS 1. CSAH 30, Diffley Road (Rahn Road to Blackhawk Road) New -North Side 2. CSAH 32, Cliff Road (Cinnamon Ridge Road to Nicols Road) New -North Side 5 Year Total (County's Estimate of City Participation) G:RM\2007\Misc\County'08-12 vs City '08-12 NA=Not Addressed Eagan's App'd Co. Proposed (2008-12 CIP) (2008-12 CIPI 2009 2008 Design 2009 ROW 2010 Const 2012 2010 Design 2011 ROW 2012 Const 2008 2008 2008 2008 2008 2008 2008 2009 2011 2011 2011 2011 NA 2008 2011 NA NA NA NA NA NA NA 2009 Design 2010 ROW 2011 Const NA NA 2009 Design 2010 ROW 2011 Const NA NA C•/ County's Cost Estimate $236,250 $532,080 $396,000 $126,000 $204,550 $1,929,735 $405,000 $150,000 $150,000 $65,000 $37,500 $65,000 $125, 000 $250,000 $36,000 $90,000 $27,000 $125,000 $400,000 $22,500 $45,000 $19,125 $36,750 $134,500 $5,607,990 Agenda Information Memo October 2, 2007 Eagan City Council Meeting X PROJECT 951. SOUTH DODD ROAD UTILTIIES & LIFT STATION IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 951 (South Dodd Road -Utilities & Lift Station Improvements) with the owner of Parcel No. 10-03600-030-51 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 951 (under City Contract 07-07) provides for public water main, sanitary sewer and lift station improvements to serve the pending Dodd Parkside and Marsh Cove developments, and surrounding area. • With approval of City Project No. 951, the City Council also approved the acquisition of the necessary easements from the impacted property (Parcel 10-03600-030-51). • City staff and the property owner have negotiated an easement value from this property of $8,748 (4,374 square feet at $2/ square foot), typical of recent residential property values for similar parcels. • An agreement between the City of Eagan and the owners of Parcel 10-03600-030-51, 4895 Dodd Road has been prepared providing for the acquisition cost for the necessary easement. • Engineering staff and the City Attorney's office have reviewed the agreement and found it to be in order for favorable Council action. L~ Agenda Information Memo October Z, 2007 Eagan City Council Y. FINAL SUBDIVISION (MANLEY COMMONS) AND FINAL PLANNED DEVELOPMENT FOR L1, B1 (HOLIDAY) AND L2, B1 (MANLEY RETAIL ACTION TO BE CONSIDERED: To approve a Final Subdivision (Manley Commons) to create 2 lots upon 2.88 acres located at the SW corner of Pilot Knob Road and Buffet Way in the NE'/4 of Section 4. To approve a Final Planned Development for a gas station and convenience store with car wash, upon Lot 1, Block 1, Manley Commons, located at the SW corner of Pilot Knob Road and Buffet Way in the NE '/4 of Section 4. To approve a Final Planned Development for a retail building, with drive-through service, upon Lot 2, Block 1, Manley Commons, on the SW corner of Pilot Knob Road and Buffet Way in the NE '/4 of Section 4. REQUIRED VOTE FOR APPROVAL: Final Subdivision - Majority of Council members present Final Planned Development - At least three votes FACTS: - The Preliminary Subdivision and Preliminary PD were approved June 19, 2007. - The development plans for both the retail building (L2, B 1) and the Holiday (L1, B 1) have been reviewed and are consistent with the Preliminary PD Agreement. - All documents and Agreements are anticipated to be received and in order for execution at the regular meeting of the City Council. ATTACHMEN1): Final Plat, page 4~ d A r z 2 :~ _a ~( ~ ~~u ~sr r =i D z °, _,_ ,3 S8~ ~ _~~^° -t ~ ~.4 ~ 3 ~s ~- m'" Z o ~ Y~ ~~% a. t. ~~ ~°~ i T o ~ A a 8'~g ~ , oF cy TN 'eS j- 2C o Ov. w Y ;no, no 4.) R~ y 1 1y it C C~a N FF ~ C ~ O O O • 3 vi~~ € 34 ~~3 'd~ 4 °° 3 ~s ~ ; ._ a ~ ~ --Mnl Nw M GO.1 C FAC.,. „ODDS DiN6 "M1I btl .ODIDO" _ _ a 3 i NoOZO ao'w • ` - ._ z3czs aot _ r ~: ~ 236.49 meas. - ~ y _ g ~~ _; m - - ~' x ~'^ .aoavao-r ~~ N007624'W - ~ ' ~Sp„d•" "' ~ 1'ps~as '--"±~-'=------- '-----°--- i ~ a ~ O ~ - . 107.76 ~ ~ a-' '--mod.....,. DwK, ,.~... i ,D I ~, i ~ ' ie..a., Ems'°'--_- 1 L ~ ~ ,D--° ~ ' t ' 1 I ~~ =s i i ~ i ~ xm ~/'~ ~~s - i - -~~ ".C ~ i ~j t I~ ~o - I YS a 0 I y~ i~ W •_ .. s i _ .. I 1 es €~S , _ ~ i i €rgc =~ i I .. i ~ .. s_ ... •' ~'6 '~ --~. w W is a' _L-i-_-1 -F'-~- __~ ~----------------------- yr~ rs I ~---- 1------_-~-- LL__ 7 - e , ~ maxY.~ a -. - - ~ ~ ---~'- ~ u 50076 24 £ N8930 SB E '79.07 meas. j '' f ty~ ~~sas 7B 9! plot ' y f9 ~O ASS ~:3 ucw ~. oos a~n4a-o.,a 5 ~ 5007624 E ;~__`l, aimsi.Z -i ~ ~ 1~~ ~ i Y \ y aamirat `t .~~ ~` 5007624E ~ ...... . ....... ...... ~~.~ ~~~~ ~~~ 2 ~ m _ ~~9 ti ~ N ~ ~ O N N 2 m m ti N ~-T Agenda Information Memo October 2, 2007 Eagan City Council Z. FINAL SUBDIVISION (DODD PARKSIDE) ACTION TO BE CONSIDERED: To approve a Final Subdivision (Dodd Parkside) to create 12 single-family lots upon 5.08 acres located east of Dodd Road and south of Red Pine Lane in the SW 1/4 of Section 36. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: - The Preliminary Subdivision was approved April 17, 2007. - All documents and Agreements are anticipated to be received and in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Plat, page ~~ ~~ ^ i~M: v10Y`P OIiMJ) .ni]..:N~4] vJ:Y<G Otu:CJ; :. i'. b'.:' '3{'O:ri [Z 1':"': .a ~fi !r N3rW^+] tl31 WfA ki.-J...... _ _ --~1,-.~ 0 . bt'.+ !3n N6 '~ %Vt6 'L i0t !0 3n 15r]-.. ' •. - - --a.~--0- . Jo.6 - ;66~ ~ ~ _. i ~ 4 Q ~_M W X w W '~ VJ a 0 0 \ • as ~` ~~. s~ \ F~~ ~; ~.. ~~' . ~. W P,~ ~' ; a ~0~= ~_J Zr~~ ~ ~u 2 o~ mooi ° r r z~~~~ ~ ~: „~g~W ~ .~ ~a'm ' ~ r, _ ~s'fia~i ~ ~ ~° ~ W ~;° a° ~g ~i~~;¢ YiS~ HF ~ 2m ~ ~_ ~~ N ~m ~ ~~ ~~ i~= ~$~~m~ N r,m ~ "' s ~ mm ~¢u 5a ~ 'd ~o o ~ O ~_._ - _ _ r-:. ~ w ~~ N i t', ~ _ G'~ - - i 'r.. '~ `~.. ~o `I~__ ~ ----Jw~ ~~ _~- ~--f~ ~-f Agenda Information Memo October 2, 2007 Eagan City Council AA. UNIFORM SIGNAGE PLAN -GRAND OAK FARMERS MARKET ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for Denial) a Uniform Signage Plan to allow additional signage for a seasonal Farmers Market at the Grand Oak Office Building located at 2805 Dodd Road, legally described as Lot 1, Block 1, Grand Oak Five, in the NE '/4 of Section 2, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes. FACTS: The Grand Oak Farmers Market was approved by the City Council on September 4, 2007 however staff was directed to work with the Applicant regarding directional signage. The Applicant proposes an electronic message board on the existing Pylon sign at the corner of Hwy 55 and Dodd Road as well as one directional sign to be posted on the day of the event on the property zoned Planned Development. The Grand Oak Office building, constructed in 2006, is three stories and 90,000 square feet. The applicant proposes a seasonal Farmers Market to commence on the third Thursday of August and continue on successive Thursdays through October. Hours of operation are proposed to be 3:30 p.m. - 6:30 p.m. The market is proposed to occupy 20 parking stalls for 10 vendor booths on the east side of the parking lot adjacent to the Dodd Road frontage road. Parking is sufficient. - Vendors will sell produce, flowers and food. Three Grand Oak tenants will also sell ready made food and non-alcoholic beverages. - The Advisory Planning Commission held a public hearing on August 28, 2007 and is recommending approval. ISSUES: - The proposed dynamic signage must meet the current Sign Ordinance requirements at the time of the sign permit issuance. - The applicant has proposed many deviations from the Sign Ordinance. Both staff and the APC shared concerns regarding the precedent the proposed deviations could set if the applicant's sign plan were approved. - APC members also commented on the significant effort by the Commission and Council to define appropriate standards for temporary signage and the importance of consistency applying those standards. 60 DAY AGENCY ACTION DEADLINE: November 14, 2007 ATTACHMENTS (3): // Revised site plan on page LP 73 Proposed signs on pages ~~ through Other Conditions of Planned Development Amendment approval in September 4, 2007 CC Minutes included with Consent Agenda. ~7 Proposed Farmers Market Signage Placement Nb~~d ~lIS ~i2~`dd SS~NISf18 ~ib'O aNb'2~J F gKE 3 ~ n_ W 7775 E ~P.o yd's§ar '- g~~ ~ ~ ~ ~~ w ~ __._ ~ ~ sY9 4:::'9ea J a ~ , ~ j 3p ~3t ~, °gd'=,~'ss a€~a;;: ~~~ 1; o o g to ~~ ~, S d ~ 3;t~ta~6 , ~ c q , ~. o F m i w ~ LL W o W ~, LL N I o = U Z Pylon with electronic message '1-3'x3'sign (one side only) SEP 2 5 Lp~ rand ~]a~ armers 1i1/larfcet `~~ursc~~ 5 I ~u~ust 1 6- Q~ctober 25 ~:~o ~o ~:~o .m. roc~~~e ~ooc~, mus~~, ~ more. f~: T{ ~.. _.~~~ ~ __.~ .~' ~ f '~ ~ ~ ~. +y ,;~ ~ a _... ,., f t~4`~ r ~~ ~ ~ ~~. ~ ~. ~ *r ~ ~ ~; r .• . _ __ ` ~< ~';.~~ . ~~ { ~~ x ~ ~ ~~ ~a ~~ ,, ~, . Day of Market Signage Grand Oak Farmers Market Today `.;; .-~,, r!~'~, 3:30 3 ,;,.s? 4 , r ~~ ~_~ t0 `~ ,-, ~~ . -_ 6:30 ~,~ NW~I 55 & NWII 149 L ~~ U Z O w LL J CJ W tp p W o H ~ ~ Z 11 N W e ~ U W W ~' O Q '' amx ~wY n.~i.i h o 8~~~~~ ~~ ~~ ° ~ ~~ ~ s~~~ ~~~ ~ ~a ~ N~° ~ in y ~+t Z~ ~~ ~~ g 0 >. a. Y G C7 Agenda Memo October 2, 2007 CONSENT AGENDA: BB. TOBACCO LICENSE FOR HOLIDAY STATIONSTORES - 1650 DIFFLEY RD. ACTION TO BE CONSIDERED: Approve a Tobacco License for Holiday Stationstores to sell tobacco products at 1650 Diffley Road FACTS: • Holiday Stationstores has applied for a Tobacco License for their store to be located at 1650 Diffley Road • Holiday will be leasing the property where a tobacco license was previously held by The Metro Group of MN • All requirements of the application have been met • The Police Department has reviewed the application and sees no reason to deny ATTACHMENTS: None. The application is available for review in the Administration Department ~a Agenda Information Memo October 2, 2007, Eagan City Council Meeting A. VARIANCE -DAVID MEYER ACTIONS TO BE CONSIDERED: To approve (or direct Findings of Fact for Denial) a Variance to allow a detached accessory structure in the front yard on the East 100 feet of Lot 17, Burrview Acres, located at 526 Chapel Lane, in the NE '/4 of Section 12, subject to the conditions in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: - The property is located on Chapel Lane adjacent to Bur Oaks Park and contains asingle- family home. - The home was constructed in 1999 prior to the City Ordinance requiring a garage, and none was built. - The applicant proposes a detached garage to be located in the front yard. - Lot coverage and other yard setback requirements are satisfied. - The proposed placement of the garage is in similar character with other properties in the area. - The applicant's stated hardship is the placement of the existing home. The applicant further states "If the garage were to be placed even with the house it would create about a two-foot wide sidewalk between the house and garage. This would also require taking down of the deck on that side of the house and installation of significantly cost prohibitive landscaping." - The requested Variance appears to be a minimal request to alleviate the stated hardship. ISSUES: - None. 60 DAY AGENCY ACTION DEADLINE: November 9, 2007 ATTACHMENTS (1): Planning Report on pages through 1~ PLANNING REPORT CITY OF EAGAN REPORT DATE: September 25, 2007 APPLICANT: David Meyer PROPERTY OWNER: Same REQUEST: Variance LOCATION: 526 Chapel Lane CASE: 33-VA-O1-04-07 HEARING DATE: October 2, 2007 APPLICATION DATE: Sept. 10, 2007 PREPARED BY: Sarah Thomas COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a Variance to allow a detached accessory structure in the front yard on the East 100 feet of Lot 17, Burrview Acres, located at 526 Chapel Lane, in the NE 1/4 of Section 12. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. 7~ Planning Report -Meyer Variance October 2, 2007 Page 2 e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS City Code Section 11.40, Subd. 5 requires no accessory use or building shall be allowed within a required front yard setback. With the exception of an attached garage, no accessory building or structure maybe placed within the front yard. BACKGROUND/HISTORY The Burrview Acres subdivision was platted in 1954 and this home was constructed in 1999. The home was constructed prior to the City Ordinance requiring at least two enclosed parking spaces for each dwelling unit. This means that a garage was not required at the time the home was constructed and none was built. According to the Applicant his lot is smaller in size than others in the neighborhood because three lots were previously under similar family ownership and the placement of homes on those lots dictated the property boundaries of his lot when it was created. Due to the design of the lot the Applicant purposefully placed the home in the center of the property, however such placement did not allow for an attached garage or a detached garage to be placed in the side or rear yard. EXISTING CONDITIONS The existing two story single family home is 2,332 square feet in size. The lot is located on Chapel Lane and abuts Bur Oaks Park. EVALUATION OF REQUEST Proposal -The applicant is proposing to construct a two stall detached garage in the front yard of his property. The 576 square foot garage is proposed to be constructed of log siding to match the existing single family home. Setbacks/Lot Coverage -The garage is proposed to meet front and side setback requirements. The additional hardcover also meets building coverage requirements. Variance Criteria -The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a demonstrable hardship or difficulty. `J5 Planning Report -Meyer Variance October 2, 2007 Page 3 The single family home was designed and constructed prior to the Zoning Ordinance requiring a garage, so at that time, the Applicant did not identify placement of the garage in the front yard. The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide Plan, but may be inconsistent with the intent of the Zoning Ordinance. That is, the purpose of requiring accessory structures in the side and rear yard is to provide uniformity, prevent the overcrowding of properties and to provide green space. Since the request is to place the garage in the front yard, it appears to be contrary to the intent of the ordinance. However, it should be noted that many of the surrounding properties also have detached garages located in the front yard. A demonstrable difficulty is required to grant relief from requiring accessory structures in the side and rear yard. The applicant is requesting relief to allow for the construction of a 576 square foot garage located in the front yard. According to the Applicant, "The placement of the house simply does not allow enough room for a garage to be positioned in the same manner. If the garage were to be placed even with the house it would create about atwo-foot wide sidewalk between the house and garage. This would also require taking down of the deck on that side of the house and installation of significantly cost prohibitive landscaping." A reasonable use, single family dwelling, is present on the site, so the owner has the same use as others in this area except that he does not have a garage. As such, he does not have the same garage/storage opportunity for use of the property without relief from the Zoning Ordinance. The requested Variance appears to be a minimal request to accommodate the garage. The proposed location is not out of character with the existing neighborhood. The proposed location also exceeds the 30-foot front yard setback requirement. APPLICANT'S ESTIMATE OF HARDSHIP The applicant has stated that the hardship is related to the placement of the existing house on the yard. The Applicant states he was not aware that a detached accessory structure was not allowed in the front yard when the home was constructed. Also, the original approval required a natural swale to remain intact. Strict enforcement of the existing Code would require alterations to the Swale and/or extensive landscaping to work around it. SUMMARY/CONCLUSION In summary, the applicant is requesting a Variance to allow a detached accessory structure in the front yard at 526 Chapel Lane. Asingle-family home is present on the site. When the home was constructed, a detached garage was planned for either the front or rear yard. According to the Applicant, upon further research, the rear yard was not a viable option and therefore the Applicant proposes the garage to be located in the front yard. ~~ Planning Report -Meyer Variance October 2, 2007 Page 4 ACTION TO BE CONSIDERED To approve a Variance to allow a detached accessory structure in the front yard on the East 100 feet of Lot 17, Burrview Acres, located at 526 Chapel Lane, in the NE '/4 of Section 12. If approved, the following conditions should apply. 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The accessory structure shall not exceed the size shown and shall be placed as located on the proposed site plan dated September 10, 2007. 3. The accessory structure shall comply with all other applicable Zoning Ordinance provisions. 4. A building permit must be obtained prior to construction. 5. The garage shall be constructed of similar material to match the principal structure. 17 l ,\ 1~ , ,a; '~ ~ ~ ; . `" ~~ ® ~ ^ ~,~ ~~ Mwr. No. u t~ ® ~ ~ ~C,~ Ket soosu ao.i F ®~ . .~~ ~ooo Development/Developer: David Meyer Application: Variance Case No.: 12-VA-09-09-07 0 tooo !J~ 2000 Feet N City of Ea~Il THIS MAP IS INTENDED FOR REFERENCE USE ONLY W~ 13 The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community D~v~lopm~nt Department not responsible for errors of omissions. ~~ ~ ,