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05/19/2009 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING MAY 19, 2009 6:30 P.M. 1. ROLL CALL AND PLEDGE OF ALLEGIANCE P) II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) P. A. APPROVE MINUTES 9 B. PERSONNEL ITEMS C. APPROVE Check Registers D. ADOPT Proclamation Saluting 150 Years of Continuous Education by Independent School District 197 P Ig E. DIRECT Staff to Submit the Comprehensive Guide Plan to the Met Council for Review F. Removed 10. a4 G. APPROVE Plans & Specifications and Authorize Advertisement for Bids for Contract 09-08 (City-Wide Trails & Sidewalks) P. as H. RECEIVE Bids and Award Contract 09-10 (Rahncliff / Cliff Lake Road / Rahn Road / Yankee Doodle Road / Yankee Drive) 1 0 , , , T 71 . PROCLAIM June, 2009, as Eagan Lakes Appreciation Month 9J. AUTHORIZE Agreement with Mckinstry to Prepare an Energy Conservation Analysis for City Buildings and a Federal Recovery Act, Energy Efficiency and Conservation Block Grant Application. 3p K. APPROVE Temporary 3.2 Percent Malt Liquor License for the Eagan Lions Club for the Fourth of July Celebration (July 3-4, 2009) and Waive the $25 License Fee L. DIRECT Preparation of an Ordinance Amendment to Chapter 10 Regarding Dangerous Dogs _IT 35 M. APPROVE Premise Permit for St. Paul Midway Lions Club Foundation, Inc. to Conduct a Pull-tab Operation at Time Out Restaurant P5~ N. APPROVE Extension of the On-Sale Liquor License for Mediterranean Cruise Cafe, 3945 Sibley Memorial P.410. Highway APPROVE Off-Sale Liquor License for Marko Erian, Inc. dba E & M Liquor, 1444 Yankee Doodle Road pq P. APPROVE Tobacco License for Marko Erian, dba E & M Liquor, 1444 Yankee Doodle Road V. PUBLIC HEARINGS Q.43 A. PROJECT 858, Sibley Terminal Industrial Park (Storm Sewer Improvements) VI. OLD BUSINESS VII. NEW BUSINESS P 7-7 A. CONDITIONAL USE PERMITS - Maggie Mell - A Conditional Use permit to allow a riding arena and a conditional use permit to allow boarding of horses located at 4085 Lexington Ave S in the SE'/4 of Section 22. VIII. LEGISLATIVE I INTERGOVERNMENTAL AFFAIRS UPDATE 1oI A. APPROVE correspondence to the FAA regarding the Use of Airspace during the Reconstruction of Runway 12L/30R. IX. ECONOMIC DEVELOPMENT AUTHORITY (There are no items at this time) X. ADMINISTRATIVE AGENDA XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIII. ADJOURNMENT City of EaQafl lefflo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 15, 2009 SUBJECT: AGENDA INFORMATION FOR MAY 19, 2009 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the May 19, 2009 City Council agenda, the following items are in order for consideration. I Agenda Information Memo May 19, 2009 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 May 5, 2009 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the May 5, 2009 regular City Council meeting are enclosed on pages 3 through ~7. DRAF T MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota May 5, 2009 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Tilley, Bakken and Hansen. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, May 5, 2009 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Tilley, Bakken and Hansen. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator noted that items F and G of the Consent Agenda would be moved to Recognitions and Presentations. He also noted that a Closed Session would be held. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS A. The donation of $1,000 from the Rotary Club of Eagan was discussed by City Administrator Hedges. Councilmember Bakken moved, Councilmember Fields seconded a motion to accept the donation of $1000 from the Rotary Club of Eagan. Aye: 5 Nay: 0 B. Councilmember Tilley moved, Councilmember Fields seconded a motion to adopt a Resolution Accepting a New Fire Safety Trailer from the Eagan Rotary Club. Aye: 5 Nay: 0 C. The Eagan Rotary Club was recognized for the donation of the new fire safety trailer. CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the April 21, 2009 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Michael Griffin as a Water resources intern. 2. It was recommended to approve the hiring of Catherine Shields, Sarah Kleckner, Joe Wollan, Jenny Piskor, Sarah Schwanz, Derek Rothschiller and Eric Holmay as seasonal landscape crew laborers. 3. It was recommended to approve the hiring of Stella Collier as a seasonal tree inspector. 4. It was recommended to approve the hiring of Ryan Marks as a seasonal forestry tech. 5. It was recommended to approve the hiring of Leon Werner as a seasonal street maintenance worker. 6. It was recommended to approve the elimination of 1.0 FTE from the Recreation Division effective May 31, 2009. The 1.0 FTE will be comprised of 2 part time positions entitled Manager on Duty. C. It was recommended to ratify check registers dated April 16, 2009, and April 23, 2009 as presented. City Council Minutes ~Rq May 5, 2009 Page 2 D. It was recommended to approve the minutes of the March 10, 2009 Special City Council meeting as revised. E. It was recommended to approve the Workers Compensation Services Agreement with Berkley Risk Administrators Company, LLC. F. Moved to Recognitions and Presentations G. Moved to Recognitions and Presentations H. It was recommended to approve a contract for construction manager services related to the proposed Fire Safety Campus. 1. It was recommended to approve a one-year extension of the Preliminary Subdivision approval for Diffley Plaza 2nd Addition, for property located at 4249 Johnny Cake Ridge Road legally described as Lot 3, Block 1, Diffley Plaza, subject to the conditions listed in the APC minutes. J. Removed. K. It was recommended to approve a Final Plat (Christ Lutheran) to create one lot on approximately 9 acres located at 1930 Diffley Road. L. It was recommended to direct staff to initiate an Ordinance Amendment to Chapters 5, 10 and 11 specifically as it relates to Temporary Outdoor Events. M. IT was recommended to proclaim May 17 through May 23, 2009, as Public Works Week and authorize the Mayor and City Clerk to execute all related documents. N. It was recommended to approve an extension of the Easement and Assessment Agreement with the owner of PIN 10-72840-011-01 (Cedarvale Business Center) and authorize the Mayor and City Clerk to execute all related documents. 0. It was recommended to authorize the preparation of detailed plans and specifications by the City Engineer for Contract 09-08 (2009 City-wide Trail and Sidewalk Improvements). P. It was recommended to approve a license to sell tobacco products for Rheata Donatell, Lone Oak Store, LLC at 1286 Lone Oak Road. PUBLIC HEARINGS VARIANCE - JAMIE MELAHN - 4158 BLUEBERRY CIRCLE City Administrator Hedges introduced this item regarding a request for a variance of 7 feet to the required 30-foot minimum front yard setback for a front porch addition on property located at 4158 Blueberry Circle. City Planner Ridley gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Council held a brief discussion. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Variance of 7 feet to the required 30-foot minimum front yard setback for a front porch addition on property legally described as Lot 16, Block 1, Hilltop Estates, located at 4158 Blueberry Circle subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The porch addition shall not exceed the size shown on the proposed site plan. The roof shall match the pitch and style of the existing roof on the house. 3. The addition shall comply with all other applicable Zoning Ordinance provisions. 4. A building permit must be obtained prior to construction. City Council Minutes May 5, 2009 Page 3 PROJECT 952, BOULDER LAKES I LONE OAK ROAD STREET & UTILITY IMPROVEMENTS City Administrator Hedges introduced this item regarding the Final Assessment Roll for Boulder Lakes / Lone Oak Road street & utility improvements. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. Eight citizens spoke. Their comments and questions included the following: • Deferment of the assessments and requests for no interest • Future use of the property - what to anticipate from the City in regard to development There being no further public comment, Mayor Maguire closed the public hearing and turned discussion back to the Council. Staff and Mayor Maguire addressed the questions and concerns of the residents. Mayor Maguire moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 952 (Boulder Lakes / Lone Oak Road - Street & Utility Improvements) amending commercial assessments to a 20 year term and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 Councilmember Bakken moved, Mayor Maguire seconded a motion to approve a deferment on the certification and collection of Special Assessments for Project 952 (residential and agricultural zoned properties only) for 10 years at 6% interest, or at time of sale or development of the property, to those who submit a written request by May 22 and execute the required agreements by June 4, 2009. Aye: 5 Nay: 0 PROJECT 951, SOUTH DODD ROAD - SANITARY SEWER IMPROVEMENTS City Administrator Hedges introduced this item regarding the final assessment roll for South Dodd Road sanitary sewer improvements. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. Three citizens spoke requesting a deferment with no interest and questioned when the project would be completed. There being no further public comment, Mayor Maguire turned the discussion back to the Council. Staff addressed the concerns of the residents. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Final Assessment Roll for Project 951 (South Dodd Road - Sanitary Sewer Improvements) and authorize its certification to Dakota County for collection over 10 years at 6.0 % interest. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a Deferment on the certification and collection of Special Assessments for Project 952 for 10 years(or until development or hook up) at 6 % interest to those who submit a written request by May 22 and execute the required agreements by June 4, 2009. Aye: 5 Nay: 0 IET City Council Minutes May 5, 2009 Page 4 CERTIFICATION OF DELINQUENT FALSE ALARM BILLS City Administrator Hedges introduced this item regarding the certification to Dakota County of delinquent false alarm bills, noting the assessable amount of outstanding bills is $1,030. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to close the public hearing and approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT WEED CUTTING BILLS City Administrator Hedges introduced this item regarding the certification to Dakota County of delinquent weed cutting bills, noting the assessable amount of outstanding bills is $2,754.20. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to close the public hearing and approve the final assessment roll for delinquent weed cutting bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT UTILITY BILLS City Administrator Hedges introduced this item regarding the certification to Dakota County of delinquent utility bills, noting the assessable amount of outstanding bills $175,658.01. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to close the public hearing and approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 OLD BUSINESS There were no Old Business items. NEW BUSINESS CONDITIONAL USE PERMIT - RELIABLE PROPERTY SERVICES City Administrator Hedges introduced this item regarding a request for a conditional use permit to allow outdoor storage of equipment and landscaping items for Reliable Property Services located at 3245 Terminal Drive. City Planner Ridley gave a staff report. The applicant was not present. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow outdoor storage of equipment and landscaping items for Reliable Property Services on Lot 2, Block 1, DG Welding Addition, located at 3245 Terminal Drive, subject to the following conditions: Aye: 5 Nay: 0 (.O City Council Minutes ~.,.J May 5, 2009 Page 5 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. Outdoor storage of truck and trailers shall be limited to the rear portion of the property and not within the Fire Department turnaround. A striping plan shall be submitted by June 1, 2009 that delineates the specific location. 3. Any outdoor storage visible from the public right-of-way shall be screened from view. 4. Landscape materials are limited to those items shown on the approved Site Plan dated April 1, 2009 including rock, mulch, dirt, sand and recycled landscape. 5. The covered storage shall be limited to sand and salt per the approved Site Plan dated April 1, 2009. 6. The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage and parking areas. Detailed plans for this grading work must be prepared and signed by a registered professional engineer. 7. If recycled asphalt aggregate is used for the outdoor storage areas, the site will be subject to periodic review by City staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 8. The outdoor storage areas shall not be surfaced with gravel base, Class V or otherwise. 9. All parking and storage areas shall be properly maintained to prevent deterioration. 10. This development shall manage storm water and protect water quality from the new outdoor storage / parking areas by meeting requirements for design standards, minimizing impervious surface area and maximizing infiltration and retention, acceptable complementary storm water treatments, storm water treatment ponds, regional ponds, and maintenance of private storm water facilities in accordance with the current City post construction regulations and as recommended by the Advisory Parks Commission and approved by Council action. 11. The proposed rain garden on site shall be installed according to the guidance of the MN Pollution Control Storm Water Manual, and overseen and inspected by City staff at time of installation. 12. The developer and owner shall enter into a maintenance agreement, in a form acceptable to the City Attorney, providing for the long-term maintenance of these rain gardens. 13. The fabric cover for the salt and sand storage and the fabric netting for the chain link fence shall be kept in premium condition. Replacement of the fabric cover and netting shall occur immediately if they fall into disrepair. CONDITIONAL USE PERMIT - MINNESOTA MONTESSORI City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to permit a child daycare facility within the multi-tenant building located at 4130 Blackhawk Road. City Planner Ridley gave a staff report. The applicants and the owner of the retail center were present to answer questions. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to permit a child daycare facility within the multi-tenant building located at 4130 Blackhawk Road, legally described as Lot 1, Blackhawk Plaza, subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 60 days of approval, and proof of recording shall be submitted to the City. 2. The daycare shall be operated in compliance with all other County and State regulations. The daycare shall obtain and maintain all required permits and licenses required by the County or State. 3. An outdoor play area, consistent with State licensing requirements, shall be provided. Access to the play area shall be via the front sidewalk and an accessible path across the service drive as shown on the Play Area Plan dated April 9, 2009. City Council Minutes May 5, 2009 Page 6 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an Interim Use Permit to permit an off-site playground in conjunction with a child daycare facility on property legally described as lot 2, Block 1, Blackhawk Plaza subject to the following conditions: Aye: 5 Nay: 0 1. The Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City, and proof of recording shall be submitted to the City. 2. The Interim Use Permit shall terminate in five (5) years (May 5, 2014). If the daycare use on Lot 1 ceases at an earlier date, this Interim Use Permit shall terminate at the same time. 3. An agreement between the owner of Lot 1 (Diffley Square Partners, LLP) and the owner of Lot 2 (Diffley Square II, LLC) is necessary to permit the use of Lot 2 for the playground serving the daycare which is located on Lot 1. Such agreement should be provided to the City for review and approval by the City Attorney. 4. An accessible path from the indoor daycare facility to the outdoor play area shall be provided as shown on the Play Area Plan dated April 9, 2009. 5. The play area shall be removed should the daycare facility cease to operate. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE Councilmember Bakken moved, Councilmember Tilley seconded a motion to appoint Mayor Maguire to represent the City on the High Performance Partnership Committee (HiPP). Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA Councilmember Bakken moved, Councilmember Tilley seconded a motion to change the interest rate from 6.5% to 6.0% for Project 905-R and direct staff to implement the change. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 9:35 p. M. Date Administrative Secretary / Deputy Clerk Agenda Information Memo May 19, 2009 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Seasonal Street Maintenance Worker-- ACTION TO BE CONSIDERED: To approve the hiring of Steve McBride as a seasonal street maintenance worker. Item 2. Summer Seasonal Recreation Staff-- ACTION TO BE CONSIDERED: To approve the hiring of summer seasonal staff for Recreation. ATTACHMENTS: Enclosed on page 10 is a copy of summer seasonal staff for Recreation. Item 2. Summer Seasonal Cascade Bay Staff-- ACTION TO BE CONSIDERED: To approve the hiring of summer seasonal staff for Cascade Bay. ATTACHMENTS: Enclosed on pages through is a copy of summer seasonal staff for Cascade Bay. 7 City of Eaaali MeMo To: Virginia and Gina From: Parks and Recreation Date: May 19, 2009 Subject: May 19 City Council Meeting New Seasonal Hires for Parks and Recreation The following employees were hired in Parks and Recreation. Please add them to the May 19 City Council meeting agenda. Name Division Job Title Julie Anderson Rec Recreation Assistant Leah Beekman Rec Recreation Leader Greg Bostrom Rec Program Assistant/ Recreation Leader Aaron Bray Rec Recreation Assistant Mark Burkhardt Rec Recreation Leader Judy Forde Rec Preschool Teacher Amy Harren Rec Recreation Assistant Benjamin Kofoed Rec Recreation Assistant Sara Morse Rec Recreation Assistant Brenna O'Gorman Rec Recreation Leader Amber On Rec Preschool Teacher Brittany Patrias Rec Recreation Leader Molly Rodgers Rec Recreation Leader Jennifer Saver Rec Program Assistant Murphy Smith Rec Recreation Assistant Sarah Swenson Rec Recreation Assistant Brad Walker Rec Recreation Assistant Lauren Whitacre Rec Site Coordinator Recreation Leader Krista Wylie Rec Recreation Assistant J0 I:\Parks and Recreation\cmesko\Employee Data-Seasonal\Memo to HR-Payroll City of Eaftali MeMo To: Virginia and Gina From: Parks and Recreation Date: May 19, 2009 Subject: May 19 City Council Meeting New Seasonal Hires for Parks and Recreation The following employees were hired in Parks and Recreation. Please add them to the May 19 City Council meeting agenda. Name Division Job Title Allen, Jessica CB Lifeguard Anderson, Hannah CB Lifeguard Anderson, Melanie CB Guest Relations Barta, Richard CB Lifeguard Basch, Christina CB Guest Relations Berkopec, Stefanie CB Lifeguard Berryman, Rachel CB Guest Relations Bisek, Ruth CB Guest Relations Bonifacio, Zachary CB Pool Attendant Brannan, Nicholas CB Lifeguard Brown, Ashley CB Pool Attendant Bryant, Emily CB Pool Attendant Cairo, Kevin CB Pool Attendant Cairo, Ryan CB Lifeguard Carroll, Mollie CB Pool Attendant Cassidy, Michael CB Lifeguard Chrastil, Nathaniel CB Lifeguard Clawson, Melissa CB Lifeguard Cohen, Benjamin CB Lifeguard Csargo, Kayla CB Coordinator Csargo, Nicholas CB Coordinator Dale, Jonathon CB Pool Attendant Desch, Elizabeth CB Guest Relations Dobin, Lauren CB Guest Relations Edwinson, Jacob CB Lifeguard Emmons, Alexandra CB Guest Relations Eng, Benjamin CB Guest Relations Eng, Brittany CB Guest Relations Farrington, Elise CB Lifeguard Fisher, Carissa CB Lifeguard I I Floersch, Nicole CB Pool Attendant Foster, Cody CB Pool Attendant Fowler, Nathan CB Lifeguard Frawley, Jessica CB Guest Relations Garner, Madeline CB Guest Relations Gartner, Danielle CB Pool Attendant Gates, Michael CB Pool Attendant Gatz, Rachel CB Guest Relations Gerr, Taylor CB Guest Relations Giancana, Alyssa CB Pool Attendant Giancana, Anthony CB Lifeguard Gilroy, Meredith CB Coordinator Gittus, Grant CB Lifeguard Glewwe, James CB Guest Relations Goldstein, Daniel CB Guest Relations Guetzlaff, Abigail CB Guest Relations Hager, Heidi CB Lifeguard Hansen, Diana CB Guest Relations Horan, Peggy CB Guest Relations Hunter, Rachael CB Guest Relations Huonder, Caitlyn CB Pool Attendant Johnson, Matthew CB Coordinator Johnson, Michelle CB Guest Relations Johnson, Mitchell CB Lifeguard Kaiser, Michael CB Lifeguard Keeney, Kaitlin CB Lifeguard Instructor Kellar, Melanie CB Pool Attendant Kimball, Emily CB Guest Relations Kluegel, Kristin CB Lifeguard Krawza, Holly CB Guest Relations Kreyer, Robert CB Lifeguard Landin, Alyssa CB Lifeguard Larrea, Julian CB Lifeguard Lee, Lukas CB Building Attendant II Loeffler, Lauren CB Coordinator Machacek, Erin CB Lifeguard Mansour, Jessica CB Guest Relations Marascuilo, Anne CB Coordinator Marascuilo, Gina CB Lifeguard Massie, Elizabeth CB Guest Relations Massie, Timothy CB Lifeguard McGrath, Erin CB Pool Attendant McNabney, Samantha CB Lifeguard Meehan, Brittany CB Lifeguard Instructor Melcher, Erika CB Pool Attendant Miller, Robert CB Pool Attendant Moeller, Kelly CB Lifeguard Morrison, Joseph CB Building Attendant II Muckler, Naomi CB Lifeguard Nesheim, Kyle CB Lifeguard Newland, Amy CB Lifeguard Ney, Michael CB Guest Relations Osegard, Tyler CB Lifeguard Osojnicki, Sarah CB Coordinator Pagh, Julia CB Lifeguard Parker, Luke CB Pool Attendant Pearson, Beth CB Guest Relations Peterson, Brianna CB Lifeguard Peterson, Logan CB Pool Attendant Petesch, Elizabeth CB Lifeguard Petesch, Michael CB Lifeguard Phelon, Amelia CB Guest Relations Phelon, Trinda CB Lifeguard Phillips, Nathaniel CB Lifeguard Plifka, Dane CB Lifeguard Plifka, Mara CB Pool Attendant Rehwaldt, Audrey CB Guest Relations Reidlinger, Collin CB Pool Attendant Reimer, Carly CB Guest Relations Riehle, Kristen CB Guest Relations Rogers, Korbin CB Guest Relations 1 Rukavina, Elizabeth CB Pool Attendant Schumacher, Christopher CB Pool Attendant Scipioni, Andrew CB Guest Relations Simpson, Marcus CB Pool Attendant Sohr, Dylan CB Lifeguard Spurr, Jessica CB Pool Attendant Stanull, Jennifer CB Guest Relations Stein, Katie CB Guest Relations Sternitzke, Weston CB Lifeguard Styx, Timothy CB Lifeguard Svien, Heidi CB Lifeguard Sykora, Claire CB Lifeguard Trom, Arielle CB Lifeguard Tumini, Angela CB Guest Relations Voss, Alexandria CB Pool Attendant Wambheim, Sarah CB Lifeguard Weil, Andrew CB Guest Relations Westphal, Jacob CB Pool Attendant Wietecha, Kristine CB Guest Relations Williams, Anna CB Lifeguard Willis, Bryce CB Coordinator Young, Laura CB Lifeguard Zaborowski, Alyssa CB Pool Attendant I:\Parks and Recreation\cmesko\Employee Data-Seasonal\Memo to HR-Payroll /15 Agenda Information Memo May 19, 2009 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated April 30, 2009 and May 7, 2009 as presented. ATTACHMENTS: • Check registers dated April 30, 2009 and May 7, 2009 are enclosed without page number. Agenda Memo City Council Meeting May 19, 2009 CONSENT AGENDA: D. Proclamation Saluting 150 Years of Continuous Education by Independent School District 197 ACTION TO BE CONSDIERED: Adopt Proclamation Saluting 150 Years of Continuous Education by IDS 197 FACTS: • ISD 197 is celebrating 150 years of service to the cities of Eagan, West St. Paul, Mendota Heights, Lilydale, Mendota, Sunfish Lake and Inver Grove Heights. • An invitation has been extended to the Mayor, Council and staff to attend their celebratory events at Henry Sibley High School on Saturday, June 6. ATTACHMENTS: Enclosed on page is a copy of the invitation to the events on June 6. Enclosed on page is a copy of the proposed proclamation. 15 Arl, (15th Years of Excellence F~FAZLNWIWAL C;~~~;,~ i S ra~,~~? April 20, 2009 Dear Dignitary, Independent School District 197's School Board unanimously approved the celebration of 150 years continuous education of families in our area, (West St. Paul, Mendota Heights, Lilydale, Mendota., Sunfish Lake, Eagan, and Inver Grove Heights), and has chosen PROUD PAST - BOLD FUTURE as the theme. The 150th Celebration Committee was organized to provide fitting recognition of and salute to this community's outstanding achievement of those 150 years. We respectfully request your attendance and participation in our parade, picnic and other events at Henry Sibley High School, on Saturday, June 6, 2009. There also are celebratory events at Mendakota Park, Dodd Road, from noon to 3:00 P.M. including historical displays, period costumes, music, games and lots of children's activities. The parade at Henry Sibley (4:00 - 6:00 P.M.) will be followed by school races, the picnic, music, a vintage baseball game, surprises and fireworks. We invite you to join us as we greet and salute our community of teachers, staff, alumni, students, other dignitarites, and neighbors. Please contact Ralph Dumond (651-456-0986) or Ultan Duggan (651-452- 5179) regarding your participation. We welcome you and any proclamation or other recognition you may consider in saluting 150 years continuous education of our families. S* I alph Dumond U tan Duggan f4 CITY OF EAGAN A PROCLAMATION IN RECOGNITION OF 150 YEARS OF CONTINUOUS EDUDCATION OF FAMILIES BY INDEPENDENT SCHOOLD DISTRICT 197 WHEREAS, Independent School District 197 serves the communities of Eagan, West St. Paul, Mendota Heights, Lilydale, Mendota, Sunfish Lake and Inver Grove Heights with continuous education of families. WHEREAS, Independent School District 197 is celebrating 150 years of serving said communities with continuous education. WHEREAS, Independent School District 197 is deserving of praise and gratitude for their dedication and service to Eagan citizens. NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby recognize and salute Independent School District 197 for their outstanding achievement of 150 years of continuous service to Eagan and area communities. Date: May 19, 2009 CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk 1-1 Agenda Information Memo May 19, 2009 Eagan City Council Meeting E. COMPREHENSIVE GUIDE PLAN UPDATE - CITY OF EAGAN ACTION TO BE CONSIDERED: To Direct staff to submit the 2008 Draft Comprehensive Guide Plan Update to the Metropolitan Council for formal review. FACTS: ? All cities within the Twin Cities seven-county metropolitan area are required by state law (Metropolitan Land Planning Act) to review and update their Comprehensive Plans at least every ten years. The updated Comprehensive Plan looks out to the year 2030. Eagan's current Comprehensive Plan was updated in 2000, looking out to the year 2020. ? The City Council authorized distribution of The Draft Plan for comment on September 16, 2008. The Draft Update was sent out on October 1, 2008 and the six month comment period ended on April 27, 2009. ? Nine responses were received; those comments are summarized on the attached memo. The response memo will be submitted with The Draft Plan to the Metropolitan Council. ATTACHMENTS: (2) Comment/Response Memo on pages througha. Draft Update distribution list on page . City of Eaaali MeMo To: Mayor and City Council Members Tom Hedges, City Administrator From: Mike Ridley, AICP City Planner Date: May 15, 2009 Subject: Comprehensive Guide Plan Update Comments/Responses Background On September 16, 2008, the City Council approved distribution of the Draft 2030 Plan to adjacent cities, school districts, Dakota County and other reviewing agencies. On October 1, 2008, the City of Eagan distributed copies of the Draft 2030 Plan for review. This initiated the six month review process and the deadline for comments was April 27, 2009. Nine responses were received; some merely stating the draft was reviewed and no further comments were forthcoming. The comments requiring a response are summarized below. Comments/Responses Burnsville Would like to partner with the City of Eagan in regard to making trail connections with the Big River Regional Trail and also making local trail connections between the two cities on Diffley Road and where Burnsville Parkway meets Slater Road Response: The City of Eagan has not identified a preferred alignment for the future segment of the Big River Regional Trail through Eagan. We share the goal of connecting to adjacent trails while providing access points for users along the selected Big River Regional Trail alignment. Please provide additional detail on the extent/type of additional trail/sidewalk connection anticipated in the future. With regard to the potential overpass at Diffley Road, the City of Eagan is interested in working together to provide improved sidewalk/trail connections to this potential enhancement. 11 Would like to partner with the City of Eagan and Minnesota River Watershed District to review the status of the five DNR designated trout streams located within the two cities. Response: The City of Eagan is willing to work with Burnsville and the DNR regarding the trout stream status. Suggestion to update our Transit Service information to reflect the level of service currently provided along Highway 13, Diffley and Cliff Road. Response: Comment noted; information will be updated. Comments relative to the Eagan Transportation Plan; specifically, regarding the Existing Functional Classification Map. Response: Information will be revised to remove the conflicting classification. Dakota County The county seeks to work with cities to provide regional trail facilities away from roads and within greenways to better user experience to the extent possible. In addition, the county would like Eagan to add a north-south regional greenway that would connect the Highline Corridor at Goat Hill Park to the North Urban Regional Trail. Response: The City supports both improved trail facilities and a north-south regional greenway concept; however, a detailed implementation strategy will need to be worked out among interested parties. Several functional classification edits are suggested Response: Comments are noted and changes will be made. The county suggests the Eagan Plan stress county access guidelines. Response: The City of Eagan will follow Mn/DOT guidelines for access to trunk highway and interstate principal arterials. These guidelines recommend limiting cross-street access to one-half mile spacing within urbanized areas. The City of Eagan will follow Dakota County guidelines for access to principal arterials under County jurisdiction. These guidelines recommend limiting full movement public street access to one half mile spacing and 3/4 public street access to one quarter mile. The county suggests the Eagan Plan stress the importance of connectivity and completeness of local street networks. O Response: Eagan's Transportation Policies support the development of good system of local streets. Specific policies discuss many of the benefits of connectivity and connectedness. The Plan should indicate that the Cedar Avenue Transitway Alternatives Analysis calls for a bus rapid transit station at Cedar and Cliff. Response: The "Transitways" section will be updated to include that reference. Dakota County Historical Society staff suggests Eagan take a more proactive approach in advancing historic preservation. Response: City staff and Eagan's Historical Society will consider the county comments. Edit suggested updating affordable housing and rental levels based on current Met Council figures. Response: Figures will be updated. Inver Grove Heights IGH anticipates continued cooperation with Eagan in relation to potential land use conflicts along the shared boundary north of Highway 55. Response: The commercial nature of northeast Eagan reflects the city's consistent long-standing policy based on proximity to 1-494 and impacts to the area due to operations at MSP; however, the City will work to identify and mitigate conflicts to a practicable extent. IGH would like to work with Eagan when the trail connection on Lone Oak Road from Highway 55 to the IGH border occurs. This trail will ultimately have connections all the way to the Mississippi River Regional Trail. Response: The City of Eagan is interested in working with Inver Grove Heights with this trail connection. MnDOT MnDOT suggests early coordination with Traffic Section regarding proposed trail improvements adjacent to state facilities. Response: The City of Eagan agrees and will initiate early coordination. MnDOT recommends the MSP Airport Zoning Ordinance be referenced for detailed height information. Response: Comment noted. Eagan is working towards the adoption of the JAZB ordinance that will reference detailed height and noise mitigation standards. Mendota Heights Comment limited to the Northeast Area Plan. MH asks that Eagan consider potential adverse impacts of added access to 1-494. Response: The City of Eagan supports an additional interchange with 1-494 in IGH provided potential impacts are identified and mitigated to a practicable extent. Rosemount Comment limited to Rosemount acknowledging and supporting the extension of sewer and water service to north-central Rosemount at some point in the future. Response: The City of Eagan agrees that these future improvements will be done in partnership with Rosemount. Sunfish Lake Sunfish Lake asks that Eagan consider potential adverse impacts of added access to I- 494. Response: The City of Eagan supports an additional interchange with I-494 in IGH provided potential impacts are identified and mitigated to a practicable extent. Please contact me if you have questions or need additional information. aa,~ 2008 Comprehensive Plan Update Distribution List Dwight Johnson, City Administrator Randall Clegg, Superintendent Jay Haugen, Superintendent City of Rosemount Independent School District # 191 Independent School District # 197 2875145 th St. West 100 River Ridge Court 1897 Delaware Ave. Rosemount, MN 55068-4997 Burnsville, MN 55337 Mendota Heights, MN 55118 Mark Bernhardson, City Manager Reference Services Coordinator Planning Director City of Bloomington Dakota County Library System Dakota County 2215 W. Old Shakopee Road 1340 Wescott Road Physical Planning Division Bloomington, MN 55431-3033 Eagan, MN 55123-1099 14955 Galaxie Ave. Apple Valley, MN 55124 John D. Currie, Superintendent Tom Lawell, City Administrator Craig Ebeling, City Administrator Independent School District # 196 City of Apple Valley City of Burnsville 14445 Diamond Path 142 Cedar Ave. 100 Civic Center Parkway Rosemount, MN 55068 Apple Valley, MN 55124-8546 Burnsville, MN 55337-3867 Jim Danielson, City Administrator Cathy Lago, City Clerk Joe Lynch, City Administrator City of Mendota Heights City of Sunfish Lake City of Inver Grove Heights 1101 Victoria Circle 7378 Jordon Avenue South 8150 Barbara Ave. Mendota Heights, MN 55118-4167 Cottage Grove, MN 55016 Inver Grove Heights, MN 55077 Phyllis Hanson, Manager Beverly Miller Eric Macbeth Local Planning Assistance MVTA Executive Director % Gun Club Lake WMO Metropolitan Council 3600 Blackhawk Road 3501 Coachman Point 390 Robert St. N. Eagan, MN 55122 Eagan, MN 55122-1897 St. Paul, MN 55105-1805 Daryl Jacobson Terry Schwalbe, Administrator % Black Dog WMO Lower MN River Watershed District 100 Civic Center Parkway 112 East Fifth Street, Ste 102 Burnsville, MN 55337 Chaska, MN 55318 a3 Agenda Information Memo May 19, 2009 Eagan City Council Meeting G. CONTRACT 09-08, CITYWIDE TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 09-08 (Citywide Trail Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, June 28, 2009. FACTS: • Contract 09-08 provides for the construction of new sidewalk or trail improvements adjacent to the following street segments; ¦ Blackhawk Road (Cliff - Beecher Rd) East Side (920 FT) ¦ Towerview Road (Pilot Knob Park - Pilot Knob Rd.) North Side (560 FT) • Contract 09-08 also provides for the maintenance overlay of existing bituminous trails in the following locations: ¦ Johnny Cake Ridge Road (Cliff Rd to 735' South) East Side(735 FT) ¦ Johnny Cake Ridge Road (Apple Valley to 2965' North) East Side(2965 FT) ¦ Cliff Road (Ridge Cliffe Dr. - Beacon Hill Rd.) South Side (600 FT) ¦ Cliff Road (Stonecliffe Dr. - Thomas Ln.) South Side (1660 FT) ¦ Cliff Road (Thomas Center Dr. - Thomas Lake Rd.) North Side (930 FT) ¦ Berry Ridge Road (Pilot Knob Rd. to 1960' East) Both Sides (1960 FT) ¦ Berry Patch Park In Park (1465 FT) ¦ Diffley Road (Lexington Way - Lexington Ave.) North Side (710 FT) ¦ Diffley Road (Countryside Dr. - TH 3) North Side (1310 FT) ¦ Dodd Road (Cliff Rd - Atlantic Hills Dr.) East Side (2200 FT) ¦ Dodd Road (Diffley Rd - Hackmore Dr.) East Side (1200 FT) ¦ Hackmore Drive (Dodd Rd. - Hawthorne Woods) South Side (795 FT) ¦ Lone Oak Road (Pine Ridge Dr. to 360' East of Woodlark Ln.) South Side (665 FT) ¦ Towerview Road (Woodlark Ln. to Pilot Knob Park) North Side (830 FT) • Yankee Doodle Rd (Coachman Rd. - Central Pkwy.) North Side (1970 FT) • On May 5, 2009, the City Council authorized preparation of detailed plans and specifications for these projects in the 2009 construction season. • These projects are being combined under one contract for economies of scale in the competitive bidding process. The plans and specifications have been completed by the City's engineering staff and are being presented to the City Council for their approval and authorization for the advertisement of bids. Agenda Information Memo May 19, 2009 Eagan City Council Meeting 14 CONTRACT 09-10, YANKEE DOODLE RD/ YANKEE DR/ RAHNCLIFF/ CLIFF LAKE RD - STREET & MEDIAN LANDSCAPE IMPROVEMENTS ACTION TO BE CONSIDERED: Award Contract 09-10 (Yankee Doodle Rd/ Yankee Dr/ Rahncliff/ Cliff Lake Road - Street & Median Landscape Improvements) to McNamara Contracting, Inc., for the base bid of $841,285.10 and the alternate bid in the amount of $4,021.00 for a total amount of $845,306.10 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The improvements of o Yankee Doodle Road/ Yankee Drive (Street improvements, west of Highway 13, City Project 964) o Rahncliff/ Cliff Lake Road/ Rahn Road (Street & Landscape Median improvements, (Project 981) are programmed for 2009 in the City's 5-Year Capital Improvement Program (2009-2013). • On March 3, 2009, the City Council authorized the improvements for Projects 964 and 981, including the landscape median rehabilitation on Cliff Lake Road with Project 981. • These projects have been combined under one contract (Contract 09-10), to increase economies of scale. On April 7, 2009, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 09-10. • At 10:30 a.m. on May 14, formal bids and technical performance proposals from each bidder were received for this project. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid and alternate bid from McNamara Contracting, Inc., have been reviewed by the Engineering Division to provide the best value and is in order for favorable Council action. ISSUES: • An alternate bid of $4,021.00 for high-early strength concrete for driveway entrance replacements/ repairs/ valley gutters was received. The alternate bid would reduce the amount of time (generally 2 to 3 days) needed for curing the concrete before it gains sufficient strength to accommodate vehicle traffic at commercial entrances. The additional cost would be the responsibility of the benefiting properties via special assessment in accordance with the City's Special Assessment Policy. ATTACHMENTS: / • Bid Summary, pagoa l BID SUMMARY - CITY CONTRACT 09-10 YANKEE DOODLE (WEST OF HWY. RAHNCLIFF/ CLIFF LAKE RD/ 13)1 YANKEE DRIVE RAHN ROAD PROJECT NO. 964 PROJECT NO 981 Overlay Overlay/ Median Landscape Bid Date/ Time: 10:30 a.m., Thursday, May 14, 2009 Contractors Total Base Bid Total Alternate Bid 1. McNamara, Inc. $841,285.10 $4,021.00 2. Bituminous Roadways, Inc. $923,920.10 $4,594.75 Project Low Base Bid Feasibility % Over/Under- Engineer's ' B 1 II ' !i 1{ ( A 11 ItP 964 $253,126.05 $281,260 -10% $309,000 -18% 981 $588,159.05 $650,640 -10% $680,800 -14% Totals $841,285.10 $931,900 -10% $989,800 -15% Add Alternate Alt. Bid Feasibility 'Over/Under EnI'! I I` Bid Report Estimate ;1 FR 'Estimate Estimate Eng Estimate High- $4,021 NA NA $6,000 -33% Early Concrete G: Projects.&Contracts/09-10/Bid Summary Results Agenda Information Memo May 19, 2009 Eagan City Council Meeting I JUNE - LAKES APPRECIATION MONTH ACTION TO BE CONSIDERED: Proclaim June, 2009, as Eagan Lakes Appreciation Month and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Eagan is blessed with more than 350 lakes and ponds offering abundant recreational opportunities and aesthetic enjoyment for Eagan residents, employees and visitors. These amenities also can have a positive affect on adjacent property values. • Lakes, ponds, and wetlands are affected by nutrients, such as phosphorus, erosion sediment and various pollutants carried in storm water and runoff. All of these factors impact aquatic vegetation and the sustainability of wildlife by impairing water quality. Impaired water quality diminishes the positive attributes of these water bodies. • City residents and businesses play essential roles in protecting lakes' aquatic habitat and recreational value by keeping fertilizers, grass clippings and leaves, and other pollutants from entering storm drains that connect to these lakes. • The City Council proclaimed June 2005 as the first Eagan Lakes Appreciation Month to encourage residents and businesses to do all they can to keep Eagan lakes clean by keeping fertilizers out of storm sewers, by picking up nearby trash, and by protecting these treasured water resources. • An annual proclamation of Eagan Lakes Appreciation Month expresses appreciation for these past efforts to protect and improve lake water quality within the City of Eagan for the enjoyment of the residents of the city and region and would encourage additional efforts by residents and businesses, such as holding clean-up days at their nearest water body. ATTACHMENTS: • Proclamation, page a-7 CITY OF EAGAN PROCLAMATION EAGAN LAKES APPRECIATION MONTH June 2009 WHEREAS, Eagan has more than 350 lakes and ponds offering abundant recreational opportunities and aesthetic enjoyment for Eagan residents, employees and visitors; and WHEREAS, Eagan residents and visitors derive numerous recreational opportunities to canoe, fish, and swim in many of these lakes while others enjoy walking and observing wildlife near these water bodies; and WHEREAS, City residents play an essential role in protecting lakes' aquatic habitat and recreational value by keeping fertilizers, grass clippings and leaves, and other household pollutants from entering storm drains that connect to these lakes; and WHEREAS, in 1990 the City Council adopted a nationally recognized surface water quality management plan, one of the first Minnesota cities to do so, which the City Council upgraded in 2007 with a water quality and wetland management plan to address efficiently and effectively the issues and needs of its surface water resources for the next 10 years; and WHEREAS, in a 2005 scientific survey of Eagan residents, 99 percent said good water quality of City lakes was very or somewhat important, and nearly half said they visited Eagan parks with lakes at least 5 times per year; and WHEREAS, the North American Lake Management Society is encouraging communities nationwide to declare a Lakes Appreciation Month this summer; and WHEREAS, June would be an appropriate month to declare as Eagan Lakes Appreciation Month to encourage residents and businesses to hold clean-up days at their nearest water body; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council hereby proclaims June 2009 as Eagan Lakes Appreciation Month and urges all residents and businesses to do all they can to keep Eagan lakes clean by keeping fertilizers out of storm sewers, by picking up nearby trash, and by protecting these treasured water resources. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 20th day of May, 2009. Maria Petersen, City Clerk Agenda Memo May 19, 2009 Regular City Council Meeting J. AUTHORIZE an Agreement with McKinstry to Prepare an Energy Conservation Analysis for City Buildings and a Federal Recovery Act, Energy Efficiency and Conservation Block Grant Application. ACTION TO BE CONSIDERED: Authorize staff to enter into an agreement with the McKinstry Company to conduct energy audits of City buildings and facilities, and to prepare a Federal Recovery Act Energy Efficiency and Conservation Block Grant application on behalf of the City. FACTS: • The City is eligible to receive up to $657,100 of Federal Recovery Act funding through a block grant from the Department of Energy to develop and implement energy efficiency and conservation programs in City buildings and Facilities. A detailed application is required. • Additional funding is available through energy rebates from local energy providers as determined by the scope of the grant eligible initiatives. • McKinstry was selected after interviewing other firms and contacting municipal references. McKinstry has considerable experience in conducting energy audits for municipalities and the preparation and submission of grant applications. • The cost of McKinstry services is included in the grant application as an eligible expenditure. Upon application, there is no need to capitalize. The final cost is determined by the scope of services selected following completion of the audit/engineering study. • Upon receipt of the grant award, McKinstry would provide construction management and procurement/bidding services with an emphasis on the use of local contractors and resources. • The annual energy savings, paybacks, and pricing resulting from the improvements are guaranteed by McKinstry. Any deficit in the savings would be paid back to the City by McKinstry. An additional implementation agreement would be executed at this time. ATTACHMENTS: None Agenda Information Memo May 19, 2009, Eagan City Council Meeting K. APPROVE TEMPORARY 3.2 PERCENT MALT LIQUOR LICENSE FOR THE EAGAN LIONS CLUB FOR THE FOURTH OF JULY CELEBRATION (JULY 3-4,2009) AND WAIVE THE $25 LICENSE FEE ACTIONS TO BE CONSIDERED: To approve the temporary 3.2 percent malt liquor license for the Eagan Lions Club for the Fourth of July celebration (July 3-4, 2009) and waive the $25 license fee. FACTS: ? The Eagan Lions Club has requested a temporary malt liquor license be issued to them for the Fourth of July celebration, July 3-4, 2009. ? The application form has been submitted and deemed in order by staff. The Eagan Lions Club is requesting that the $25.00 license fee be waived. ATTACHMENTS (3): Letter and temporary license procedures from Lions Club enclosed on pages through 3D EAGAN LIONS CLUB April 21, 2009 The Eagan Lions Club would like to request that the city waive the $25.00 Fee for the Liquor License for the 4d' of July. You RRY M 31 The Eagan 4m of July Funfest Committee was formed as a non-profit organization to manage and coordinate the annual 4t` of July festivities in Eagan's Center Park. The, Eagan Lions Club has a long tradition of supporting and assisting with the celebrations including donating cash to sponsor live music, assisting with the parade route setup and parade day lineups, participating in the parade, and hosting a beer garden during the Funfest. The beer garden allows the Eagan Lions to raise awareness of Lions Clubs International and raise fiords which are returned to the community via donations to Funfest, local high schools (i.e. graduation parties), Boy and Girl Scouts, and individual community citizens with special needs. Additionally, the beer garden provides for the safe and controlled distribution, and monitoring, of alcoholic beverages by discouraging attendees from bringing in their own beverages. The past few years have seen an increase in attendance of all age groups at Funfest, while the relative size of the beer garden has remained constant due to the limited "snow . fencing" that has surrounded the consumption area. Consequently, the beer garden has at times experienced over crowding and been at risk for potential safety issues for consumers and their guests (including children). Limiting consumption within this confined space has also negatively affected attendees as they cannot purchase a beverage and move to the central grounds to purchase food and sit with their families. Rather, they must purchase their food and other drinks and then enter the beer garden area with or without their family, where seating is limited to a few picnic tables. It is our intent to have Funfest remain the safe and family friendly event that it has always been known for, and as such, request that this year's permit be allowed under the following structure: ¦ All State and City Ordinances will continue to be followed. ¦ Alcohol sales by the Eagan Lions will be controlled via wristbands which can only be obtained by legal age individuals (affixed by Lions members upon proof of age). Consumption will be allowed within Central Park, but encouraged only within the area surrounded by the walking path (the core Funfest grounds which contains the stage and food vendors, excluding the Carnival). • Signs will be placed at the main "entrances" discouraging outside beverages. ¦ Signs will be placed, and Funfest staff and Lion members will frequently walk the perimeter, and discourage consumption beyond the main area. This will be passive requests versus active "enforcement". 3~ . ¦ If needed, Eagan PD or other security professionals (1 2 people per shift) will be retained to help monitor consumption on the grounds and provide any enforcement duties during the busiest times (approx. 7-11 each evening during the live music). ¦ Eagan PD will be contacted immediately if an abnormal situation occurs in accordance with the Funfest Emergency Procedures Annual Plana ¦ Shortly after the conclusion of Funfest we will review the results of this arrangement with Eagan PD staff and adjust future year requests accordingly. We look forward to continuing to offer the citizens of Eagan a fun and safe 4th of July! Thank yo < r' Agenda Information Memo May 19, 2009, Eagan City Council Meeting L. DIRECT PREPARATION OF AN ORDINANCE AMENDMENT TO CHAPTER 10 REGARDING DANGEROUS DOGS ACTIONS TO BE CONSIDERED: To direct the City Attorney's office to prepare an ordinance amendment to Chapter 10 regarding dangerous dogs. FACTS: ? In November of 2008, the Council adopted an ordinance amendment to Chapter 10 incorporating the changes made by the state legislature during the 2008 legislative session regarding potentially dangerous and dangerous dogs. ? One of the changes approved by the legislature gave authority to cities to collect expenses related to hearings held for the purpose of appealing a dangerous dog designation. In order for a city to collect these costs, the dangerous dog designation must be upheld by the administrative hearing officer. Additionally, the hearing expenses that may be collected shall not exceed $1,000. ? Currently, the City Code does not allow for collection of a deposit in advance of a hearing which could be used to cover the actual hearing expenses. If the dangerous dog designation is upheld, it may be difficult to collect the expenses after the hearing has concluded. ? The City Attorney's office suggested that language be added to Chapter 10 which would allow the City to collect a deposit of $1,000 at the time the hearing is requested. The actual hearing expenses will be deducted from the deposit with the remaining balance to be refunded to the dog owner if the dangerous dog designation is upheld. If the hearing officer overturns the designation, the entire $1,000 will be refunded. ? Since the legislature has given authority to collect hearing expenses for dangerous dog appeals, such hearings may be outsourced to an administrative hearing officer in lieu of the City Clerk depending upon the circumstances at the time the hearing is requested. ATTACHMENTS (0): 3 Agenda Memo City Council Meeting May 19, 2009 CONSENT AGENDA: M. Premise Permit for St. Paul Midway Lions Club Foundation, Inc. to Conduct Pull-tab operation at Time Out Restaurant ACTION TO BE CONSIDERED: Adopt Resolution to approve a Premise Permit for St. Paul Midway Lions Club Foundation, Inc. to conduct a pull-tab operation at Time Out Restaurant, 2864 Highway 55 FACTS: • The St. Paul Midway Lions Club Foundation, Inc. has applied for a premise permit to conduct a pull-tab operation at the Time Out Restaurant located at 2864 Highway 55. • A $250 fee was paid and the Police Department conducted a background investigation and found no reason to deny the request for a premise permit. • The Lions Club has been informed that it must expend 60 percent of its expenditures derived from lawful gambling on lawful purposes conducted or located within the City of Eagan or the City of Eagan's trade area. • Documentation of lawful expenditures is required to be submitted to the City on an annual basis. • There are currently no other lawful gambling operations being conducted at Time Out Restaurant. ATTACHMENTS: • A copy of the proposed resolution is attached as page y. 3S- RESOLUTION CITY OF EAGAN GAMBLING CONTROL BOARD PREMISE PERMIT FOR ST. PAUL MIDWAY LIONS CLUB FOUNDATION, INC. TO CONDUCT PULL-TAB OPERATIONS ON TIME OUT RESTARUANT PROPERTY WHEREAS, the St. Paul Midway Lions Club Foundation, Inc. has applied for a Gambling Control Board Premise Permit for Time Out Restaurant, 2864 Highway 55; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the St. Paul Midway Lions Club Foundations, Inc. application for a premise permit at the Time Out Restaurant, 2864 Highway 55. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion By: Seconded By: Those In Favor: Those Against: Date: May 19, 2009 CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the Cityy of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 19t day of May, 2009. Maria Petersen, City Clerk Agenda Information Memo May 19, 2009, Eagan City Council Meeting N. APPROVE AN EXTENSION OF THE ON-SALE LIQUOR LICENSE FOR MEDITERRANEAN CRUISE CAFE, 3945 SIBLEY MEMORIAL HIGHWAY ACTION TO BE CONSIDERED: To approve an extension of the On-Sale Liquor license for Mediterranean Cruise Cafe located at 3945 Sibley Memorial Highway to allow outdoor liquor service in a fenced-in area (adjacent to the building and patio) on May 30 and 31, 2009. FACTS: ? The Mediterranean Cruise Cafe is moving its location to Burnsville after 29 years in Eagan. Owner Jamal Ansari is planning to hold a farewell event on Saturday, May 30 beginning at noon and concluding at 2:00 a.m. on May 31 to thank patrons for their support over the years. Food and liquor service will extend to an additional fenced-in area outside of the building. Mr. Ansari is proposing to have a DJ play music until 2:00 a.m. in the outdoor area. Mr. Ansari currently possesses a permit allowing alcohol sales until 2:00 a.m.; however, the current regulations regarding outdoor events state that the event must conclude by 1:00 a.m. If Council has any concerns regarding the outdoor event ending at 2:00 a.m., they should be addressed at the time of the Council meeting. ? A liquor license is typically only valid in the compact and contiguous building or structure situated on the premises. The license may be extended to an outdoor deck or patio area provided specific criteria is met by the licensee and following administrative review by staff. However, liquor service in areas that are not compact and contiguous to the licensed premise requires an extension of the liquor license. Further, City Code Chapter 5, Section 5.16 states that it is unlawful for any person to consume or possess in an unsealed container any alcoholic beverage on any private parking lot to which the public has access, except on such premises when and where permission has been specifically granted or licensed by the Council. Mr. Ansari is proposing an additional area for food and liquor service (see attached proposal and site plan) which is not on the patio and extends into the parking lot by approximately nine stalls. As such, this necessitates an extension of the on-sale liquor license and approval by the Council. ? Staff has been in the process of reviewing the City Code as it relates to outdoor events particularly those that may generate noise issues and ones that also may involve liquor sales and service. On May 11, staff became aware of the Mediterranean Cruise's planned event for May 30. Since a formal process for applying for outdoor events involving outdoor entertainment and/or liquor service has not been fully developed and the last Council meeting before the event is May 19, staff met with the licensee to ensure that compliance with existing life and safety requirements were met and that noise regulations and requirements for outdoor events as identified in the City Code were addressed. The Police Department is aware of the event and will respond to any reported noise complaints. The applicant was also provided a copy of the ordinance pertaining to gatherings and sound and was informed that any substantiated noise complaints by the police would result in the need 35 7 to reduce or eliminate the noise. Additionally, the applicable procedures required of non- profit organizations that obtain a temporary liquor license are also being required of the licensee. ? Information detailing the outdoor event and extension of liquor service has been submitted, reviewed and deemed in order by City staff and the Police Department. No reason was found to deny the extension of the on-sale liquor license. ? Since this is a new process that has not been thoroughly defined or approved by Council, Council may wish to pull this item from the Consent Agenda for further discussion. The licensee is planning to attend the Council meeting to address any comments or concerns regarding the event. ? Staff is aware of another establishment's desire to hold an outdoor event later this summer which involves entertainment and liquor sales in an extended area of their licensed premises. Staff will continue to finalize an application and approval process to address these types of outdoor events. ATTACHMENTS (2): Proposal and site plan on pages through May 30 Mediterranean Cruise Party Details (J DJ - will be playing outside (right next to building) from 7PM to no later than 2:00 AM As we are not close to any residential areas sound should not be an issue. He will have smaller speakers as well. Alcohol will ONLY be served inside at the bar, but we would like to allow people to carry their drinks to the fenced in area as well. Any one over 21, drinking and wanted to take their drinks into the fenced off are will need to be wearing a wristband. We will issue those. There will be seat ng outside in the fenced off area for people to eat, sit, drink and listen to music. There will be several 10X10 tents in the fenced off area for people to sit under and for us to serve food out of. 39 ~.ES-cau400 o r .N N-A Z4t 5to ~ ~ 5 1 • Q~pSrc•'d~ c"~,1 ~ ~~~q•oto 4D Agenda Information Memo May 19, 2009, Eagan City Council Meeting 0. APPROVE OFF-SALE LIQUOR LICENSE FOR MARKO ERIAN, INC., DBA E & M LIQUOR, 1444 YANKEE DOODLE ROAD ACTION TO BE CONSIDERED: To approve the off-sale liquor license for Marko Erian, Inc., dba E & M Liquor, 1444 Yankee Doodle Road. FACTS: ? An off-sale liquor license has been applied for by Marko Erian, Inc. The sole officer of the corporation is Marko Kamel. ? Mr. Kamel is purchasing the existing off-sale liquor establishment known as E & M Liquor. The off-sale liquor establishment will continue to do business as E & M Liquor. ? All required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. ATTACHMENTS (0): 4l Agenda Memo City Council Meeting May 19, 2009 CONSENT AGENDA: P. Tobacco License for Marko Kamel, E& M Liquor, 1444 Yankee Doodle Road ACTION TO BE CONSIDERED: Approve a license to sell tobacco products for Marko Kamel, E & M Liquor, located at 1444 Yankee Doodle Road. FACTS: • Marko Kamel has purchased the E & M Liquor Store located at 1444 Yankee Doodle Road. • The previous owner was Pakou Vang. • All requirements of the application have been met. • The Police Department conducted a background check in conjunction with Mr. Kamel's liquor license application and found no reason to deny the application. ATTACHMENTS: None. The application is available for review in the Administration Department. 4c~ Agenda Information Memo May 19, 2009 Eagan City Council Meeting PUBLIC HEARINGS A. PROJECT 858, SIBLEY TERMINAL INDUSTRIAL PARK STORM SEWER IMPROVEMENT ACTION TO BE CONSIDERED: 1) Approve Project 858 (Sibley Terminal Industrial Park - Storm Sewer Improvement) and authorize the preparation of detailed plans and specifications for a contract to be let within 2 years; OR 2) Deny Project 858. FACTS: • On September 17, 2001, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule of storm sewer improvements for the drainage area near Trunk Highway 13 and Terminal Drive in northwest Eagan. • On March 4, 2002, the Public Hearing for Project 858 was held. After the presentation of the feasibility and discussion from the affected property owner, the City Council continued consideration of Project 858 until April 16, 2002. • On April 16, 2002, the City Council continued the consideration of the project indefinitely directing staff to investigate cost participation opportunities with MnDOT and easement acquisition costs with the impacted property owners for further consideration by the Council. • Due to delayed acquisition of the ponds easements, a second Public Hearing was held on July 18, 2006 and the City Council approved the storm sewer improvement project that provides for the bulkhead of a culvert under Highway 13, improving the Highway 13 ditch, and constructing a storm water pond (identified as Alternative #4), the acquisition of necessary pond easements, and the letting of a contract within two years of approval. • The pond easements have been acquired, but the delayed permit approval process from MnDOT for the work within the Highway 13 right-of-way has delayed the start of this project. MnDOT has finally indicated their willingness to now approve the permit. • Because the 2006 Council approval has lapsed (max. 2 years), another Public Hearing is required for Council consideration of the project. • The drainage concerns expressed by the original petitioner, Todd Johnson - Global Equities, remain and he is patiently awaiting a Council decision for some type of improvement. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Updated Feasibility Report, pages4through7~p . 43 TERMINAL DRIVE STORM WATER IMPROVEMENT CITY PROJECT NO. 858 FEASIBILITY STUDY FOR THE CITY OF EA GAN April 15, 2009 Prepared by: WSB & Associates, Inc. 4150 Olson Memorial Highway, #300 Minneapolis, MN 55422 (763) 541-4800 (763) 541-1700 (fax) Terminal Drive Storm Water Feasibility Study City of Eagan WSB Project No. 1380-051 CERTIFICATION I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed professional engineer under the laws of the State of Minnesota. Todd E. Hubmer, P.E. Date: April 15, 2009 Lic. No. 24043 Terminal Drive Storm Water Feasibility Study City of Eagan WSB Project No. 1380-051 45- TABLE OF CONTENTS TITLE SHEET CERTIFICATION TABLE OF CONTENTS EXECUTIVE SUMMARY 1. INTRODUCTION ...............................................................................................1 II. BACKGROUND INFORMATION .....................................................................1 III. PROCEDURES AND METHODS ......................................................................7 IV. ALTERNATIVES ...............................................................................................8 A. Alternative No. 1 8 B. Alternative No. 2 8 C. Alternative No. 3 9 D. Alternative No. 4 9 V. RECOMMENDATIONS ...................................................................................10 VI. FINANCING OPTIONS ....................................................................................11 A. Direct Assessments .....................................................................................11 B. Trunk Assessments .....................................................................................11 C. Cooperative Agreement with Mn/DOT .......................................................11 D. Storm Water Trunk Fund ............................................................................12 VII. Revenue Source .................................................................................................12 VIII. Project Schedule ................................................................................................13 APPENDIX A ...............................................................................................................14 Figures ...................................................................................................................14 Project Location Map ................................................................................................15 APPENDIX B 20 Preliminary Opinion of Cost 20 Terminal Drive Storm Water Feasibility Study City of Eagan WSB Project No. 1380-051 January 2002 Terminal Drive Storm Water Improvement Feasibility Study City Project No. 858 Eagan, Minnesota EXECUTIVE SUMMARY The City of Eagan retained WSB & Associates to prepare a feasibility study for the Terminal Drive Industrial Park. This study has been completed at the request of the City in response to a petition received from Global Equity Partners, LLC (GEP), a land owner in the Terminal Drive Industrial Park. The storm water runoff from approximately 25-acres of residential area lying on the east side of Trunk Highway (TH) 13 discharges to the west through an existing 30" corrugated metal pipe (CMP) culvert just south of the intersection of Terminal Drive and onto GEP properties. Four improvement alternatives are presented in this study. Alternative 1. Convey the storm water runoff passing through the 30-inch corrugated metal pipe culvert through GEP property to the existing storm sewer system located at the low point of Terminal Drive. Replace the existing Terminal Drive storm sewer system with a combination of 30-inch and 42-inch reinforced concrete (RC) pipes. Alternative 2. Similar to Alternative 1, but instead of replacing the Terminal drive storm sewer system, install a new parallel storm sewer system. Alternative 3. Convey runoff from the 30-inch culvert crossing TH 13 to the low point of Terminal Drive and construct a storm water pond on GEP property. Alternative 4. Bulkhead the 30-inch culvert crossing TH13, and convey storm water flows north in the ditch along TH 13 to a new storm pond to be located east of TH 13 at Alexander Road. It is proposed that Alternative 4 be constructed. The cost to complete the improvements is estimated to be $324,790. The proposed improvements may be financed through direct assessments, trunk storm water fee assessments, storm water trunk fund, or possibly a Minnesota Department of Transportation (MnDOT) cooperative agreement. This project is feasible, necessary and cost effective from an engineering standpoint and should be constructed as proposed. Terminal Drive Storm Water Feasibility Study City of Eagan WSB Project No. 1380051 I. INTRODUCTION The Terminal Drive Storm Water Improvement Feasibility Study is being completed by the City of Eagan in response to a petition received from Global Equity Partners, LLC (GEP). Global Equity Partners owns a parcel of property located in the southwest quadrant of the intersection of Terminal Drive and Trunk Highway (TH) 13 in the City of Eagan. This petition requested the City of Eagan to investigate alternatives available to accommodate storm water runoff from approximately 25 acres of residential property passing under TH 13 and onto their parcel. The project area corresponds to the approximate watersheds of C- 16 and C-4 of the City of Eagan's Surface Water Management Plan. The total drainage area tributary to the low point on Terminal Road is approximately 41.7 acres. The project area can be seen in Appendix A. The City of Eagan authorized WSB & Associates, Inc. to prepare a feasibility report in November of 2001. The purpose of this feasibility study is to evaluate the impact of storm water passing under TH 13 onto GEP property and to identify alternatives available for conveying this storm water runoff to the Minnesota River. This feasibility study identifies four alternatives. II. BACKGROUND INFORMATION To complete the feasibility study, background information regarding the drainage area and the storm sewer system serving the Terminal Drive industrial parcels was evaluated. This evaluation was based on the following information: ¦ Two-foot (2') topographical mapping of the study area provided by the City of Eagan, ¦ Aerial photographs of the study area provided by Metropolitan Council, ¦ Land Use Guide for the City of Eagan dated January 1987, provided by the City of Eagan, ¦ Terminal Drive street improvement plans prepared by BRAA, dated March 9, 1970, ¦ Terminal Drive storm sewer improvement plans prepared by Bonestroo, Rosene, Anderlik & Associates (BRAA), dated June 5, 1990, ¦ Field observation and photographs of the site. Terminal Drive Storm Water Feasibility Study Page 1 City of Eagan WSB Project No. 1380.051 4 Based on our review of the information provided, the following observations in regard to the parcel in question are made: ¦ The drainage area tributary to the TH 13 culvert crossing is approximately 25 acres. The land use within this watershed is residential and nearly fully developed, with the exception of about 5 acres. ¦ The TH 13 culvert crossing consists of a 30-inch corrugated metal pipe and a small ditch block in the TH 13 east ditch (see Picture 1 on page 3). ¦ Water directed under TH 13 flows overland through a poorly defined channel on GEP property to the storm sewer located in the low point of Terminal Drive (see Picture 2 on page 3). ¦ Storm sewer from the low point on Terminal Drive conveys water to the west and into an existing storm water pond (Pond CP-8) located just east of the railroad tracks at the base of the bluff line (see Picture 3 on page 4). Water from this pond then proceeds under the railroad tracks into the Minnesota River. ¦ The existing Terminal Drive storm water conveyance system is shown in the project location map of Appendix A. ¦ During intense rainfall events, water flows to the north over the ditch block east of TH 13, overtopping the driveway for Richfield Blacktop, and into a ravine located north of Alexander Road (see Pictures 4, 5 and 7 on pages 4, 5, and 6). ¦ There is an existing 36-inch CM pipe culvert crossing TH 13 just north of Alexander Road, which conveys overland flow from the east across TH 13 where it connects to the existing storm sewer system in AlexanderDrive. This system conveys water to the west into a large pond (Pond CP-9) adjacent to the Minnesota River (see Picture 6 on page 5). This background information was used in developing the alternatives presented within this report. Terminal Drive Storm Water Feasibility Study Page 2 City of Eagan WSB Project No. 1380.051 ~-9 7y a x,. J6... yam, Ael -A, Picture 1: Entrance of 30-inch culvert crossing TH 13; facing west y ..y + . far Picture 2: Outlet of 30-inch culvert crossing onto GEP parcel west of TH 13; facing west Terminal Drive Storm Water Feasibility Study Page 3 City of Eagan WSB Project No. 1380-051 Picture 3: Parking Lot of 3209 Terminal Drive where existing Terminal Drive storm sewer conveys water to a pond located at the base of the bluff and east of the railroad tracks; facing west % sl }Y .'.v irk w Picture 4: Ditch flowing north along east side of TH 13 at Richfield Blacktop driveway entrance; facing north Terminal Drive Storm Water Feasibility Study Page 4 City of Eagan WSB Project No. 1380.051 r L_ Picture 5: Entrance to drop structure located in east ditch of TH 13. This culvert carries water from the ditch to the bottom of the ravine; facing north WWI 1T: `t2 K ~ Y r v. .~1L Picture 6: Entrance to 36-inch CMP culvert crossing 1'H 13 just north of the intersection with Alexander Road; facing west Terminal Drive Storm Water Feasibility Study Page 5 City of Eagan WSB Project No. 1380-051 r^_ ' ~v Picture 7: Ravine located in east quadrant of TH 13 at Alexander Road. Potential site for storm water pond described in Alternative 4; facing southeast Terminal Drive Storm Water Feasibility Study Page 6 City of Eagan WSB Project No. 1380-051 ~3 III. PROCEDURES AND METHODS A hydrologic/hydraulic model with the trade name HydroCAD was used to evaluate the existing drainage conditions of the site. This model was also used to evaluate the alternatives presented within this report. The City of Eagan's existing storm sewer system is designed to accommodate a 5- year storm event. The 5-year storm event is approximately 3.6 inches of rainfall in a 24-hour period with an SCS TYPE-II distribution. The 100-year, 24-hour storm event, which is approximately 6 inches of rainfall in 24-hours was also analyzed. The results of the HydroCAD modeling for the existing condition and the alternatives are presented in Appendix C. Based on the hydrologic/hydraulic review, the following comments are made: ¦ Storm water runoff from the east side of TH 13 is directed through the 30-inch corrugated metal pipe through the use of a ditch block located in the east ditch on the north side of the culvert. ¦ During the 100-year storm event, approximately 47 cubic feet per second (cfs) flows north along the east side of TH 13, and approximately 33 cfs flows west through the 30-inch corrugated metal pipe onto the GEP property. ¦ During the 5-year storm event, approximately 3.3 cfs flows north along the east side of TH 13, and an approximately 28 cfs flows west through the 30- inch corrugated metal pipe and onto the GEP property. ¦ The existing high water elevation at the low point in Terminal Drive for the 5- year event is approximately 770.96 feet. ¦ The 100-year high water elevation in the low point of Terminal Drive for the 100-year storm event is approximately 772.82 in the existing conditions. ¦ Each of the alternatives presented in this report provide 100-year flood protection to elevation 772.0 at the low point of Terminal Drive. Terminal Drive Storm Water Feasibility Study Page 7 City of Eagan WSB Project No. 1380.051 IV. ALTERNATIVES Four alternatives were developed to accommodate the storm water runoff, which discharges onto the GEP parcel and into the Terminal Drive storm sewer system. A. Alternative No. 1 Convey the storm water runoff passing through the 30-inch corrugated metal pipe culvert through GEP to the existing storm sewer system located at the low point of Terminal Drive. To provide 100-year flood protection to the adjacent parcels, the capacity of the Terminal Drive storm sewer system will need to be increased. This alternative consists of the following: ¦ Install 30-inch RCP from the culvert crossing of TH 13 through GEP to the low point in Terminal Drive. ¦ Replace the existing 24-inch crossing under Terminal Drive with a 30-inch RCP. ¦ Replace the existing 30-inch RCP with a 42-inch RCP from the low point of Terminal Drive to Pond CP- 8 located east of the railroad tracks. This alternative is shown in Figure 1 of Appendix A. The estimated cost to complete this alternative is approximately $507,529. A breakdown of these costs is provided inAppendix B. B. Alternative No. 2 This alternative varies from Alternative No. 1 by constructing a new 27-inch RC pipe parallel to the existing pipe from the low point of Terminal Drive to Pond CP-8 located east of the railroad. This alternative can be seen in Figure 2 of Appendix A. The estimated cost to construct this alternative is approximately $304,945. A breakdown of these costs is provided inAppendix B. Terminal Drive Storm Water Feasibility Study Page 8 City of Eagan WSB Project No. 1380-051 S5- C. Alternative No. 3 Construct storm water ponding within the Terminal Drive industrial area in order to reduce the storm water discharge rate into the existing storm sewer system. It is anticipated that approximately 3.8 acre- feet of storm water storage is required within the GEP parcel to limit the 100-year high water elevation to approximately 772.0 feet at the low point of Terminal Drive. This alternative is shown in Figure 3 of Appendix A, and the estimated cost to construct this alternative is approximately $470,360 - $490,360. A breakdown of these costs is provided in Appendix B. D. Alternative No. 4 This alternative considers the removal of the ditch block along the east side of TH 13 and the bulkheading of the existing 30- inch CMP culvert crossing. This alternative would convey storm water runoff from the 25-acre residential area north along TH 13 to the culvert crossing located approximately 1,000 feet north. Water would then be conveyed northwest through the existing culvert crossing and to the Minnesota River. This alternative considers the following improvements: ¦ Remove the ditch block located east of TH 13. ¦ Bulkhead the existing 30-inch corrugated metal pipe culvert crossing. ¦ Replace the existing culvert crossing under Terminal Drive with a 42-inch RC pipe. ¦ Construct a storm water pond east of TH 13 at Alexander Road. This pond would discharge into the existing storm sewer system crossing TH 13. The discharge rates from this pond will be limited to the existing condition discharge rates from the east ditch of TH 13. This pond will also provide treatment of storm water runoff from the tributary drainage area. This alternative can be seen in Figure 4 in Appendix A, and the estimated cost to construct this alternative is approximately $324,790. A breakdown of these costs is provided inAppendix B. Terminal Drive Storm Water Feasibility Study Page 9 City of Eagan WSB Project No. 1380-051 v`~ V. RECOMMENDATIONS All the options presented within this feasibility study provide adequate flood protection to the low point on Terminal Drive and address the issues of the storm water currently being discharged under TH 13 onto the parcels of GEP. Alternatives No. 1 and No. 2 consider the replacement of the storm sewer system downstream of Terminal Drive to the existing storm water treatment pond (Pond CP-8) located just to the east of the railroad tracks. Construction of either of these alternatives would significantly impact the operations at the current commercial parcel located at 3209 Terminal Drive, as the new storm sewer would be constructed through the parking lot of this parcel as shown in Picture 3 on page 4. Alternative No. 3 proposes to use approximately 1.0 acre of developable land from the GEP parcel to construct the storm water detention pond. Alternative No. 4 is the least expensive alternative presented in this feasibility study with an opinion of probable cost of $324,790. This alternative proposes to redirect the drainage, which currently discharges onto the GEP Parcel into the east ditch of TH 13, and into a proposed storm water rate control and treatment pond. Based on our review of the alternatives it is our recommendation that Alternative No. 4 be considered for construction based on the following: ¦ Least disruptive to existing businesses within the Terminal Drive, Industrial Park. ¦ Allows for the full development and utilization of land in the Terminal Drive Industrial Park. ¦ It is less costly than alternatives 1 and 3. ¦ This ponding area may be expanded by Mn/DOT in the future to accommodate a future expansion of TH 13. ¦ This alternative routes all storm water drainage away from the GEP parcel effectively eliminating the concerns contained in the petition filed by GEP to the City of Eagan. Should the City of Eagan desire to proceed with alternative No. 4 it is our recommendation that the easement acquisition of a proposed ponding area be acquired prior to a bidding the project. Land acquisition is the biggest unknown in the cost opinion provided in this report. Not letting the contract before acquiring the easements, allows the city the opportunity of exploring a different alternative if easement negotiations cannot be reached for reasonable costs. Terminal Drive Storm Water Feasibility Study Page 10 City of Eagan WSB Project No. 1380-051 VI. FINANCING OPTIONS The financial options discussed in this section of the study are available for each of the four alternatives. However, we will focus specifically on Alternative No. 4. Funding options available to the City of Eagan are as follows: A. Direct Assessments Special assessments of the properties located within the drainage area tributary to the proposed pond east of TH 13 at Alexander Street would be difficult to sustain on a benefit basis. Due to the interest in the proposed improvements by the petitioner, it is proposed that the GEP parcels be assessed for the improvements. This assessment should be by an agreement between the City of Eagan and GEP, which allows GEP to fully develop their parcel. Currently, development of the GEP parcel would require additional ponding or an assessment to construct storm sewer improvements to accommodate this development. The existing storm water drainage, which enters the GEP parcel, is the historical drainage pattern in the project area. It is typical that downstream property owners must perpetuate existing drainage patterns through their property at their expense. Based on this observation, GEP should contribute to the construction of any system which would benefit their parcel by directing the drainage elsewhere. B. Trunk Assessments Properties tributary to the proposed drainage improvements in the City are routinely assessed trunk storm sewer fees. The two GEP parcels directly benefited by the proposed improvements have previously been assessed for the trunk storm sewer. C. Cooperative Agreement with Mn/DOT Several acres of TH 13 currently drain to the proposed ponding location. This project proposes to provide storm water treatment and rate control to this existing drainage prior to being discharged into the City's storm sewer system and downstream to the Minnesota River. Should Mn/DOT plan to upgrade TH 13 in the future, they may be required to provide rate control and treatment of storm water runoff from the right-of-way areas prior to discharging into adjacent waterways. Therefore, Mn/DOT maybe interested in entering into a cooperative Terminal Drive Storm Water Feasibility Study Page 11 City of Eagan WSB Project No. 1380-051 agreement to participate in the construction of this pond. This is a prime location for Mn/DOT to direct drainage from any future improvements of TH 13. A Mn/DOT permit will be required to complete the proposed improvements within TH 13 Right-of-Way. D. Storm Water Trunk Fund The City may choose to fund a portion or the project in its entirety from the storm water utility fund. The Feasibility Study for Project 858, Terminal Drive Storm Water Improvements, addresses the issues associated with the concerns of the petition presented to the City of Eagan by Global Equity Partners, Inc. We believe that this project is necessary upon development of the GEP parcel and that is feasible to construct the improvements contained within this report. VII. Revenue Source A summary of revenue sources is listed below: Property City Project Cost Assessment Contribution Storm Water Improvements $324,790 $324,790 $0 Total $324,790 $324,790 $0 This assessment is anticipated to be applied as shown in Table 1: Table 1: Proposed Storm Water Assessments - Project 858 Assessable Prop rties PIN Address Areas . ft.) Assessment 106805001002 3210 TERMINAL DRIVE 95,048 $111,185 106805002002 3220 TERMINAL DRIVE 182,604 $213,605 Total 277,651 $324,790 TOTAL ASSESSMENTS = $324,790 Terminal Drive Storm Water Feasibility Study Page 12 City of Eagan WSB Project No. 1380.051 Project Schedule Present Feasibility Report to City Council/Order Public Hearing............ February 5, 2002 Meeting with Property Owner February 27, 2002 Public Hearing (Approve/Deny Project) March 4, 2002 If Project 858 is Approved: Easement Acquisition July 5, 2002 Approve Plans and Specifications August 6, 2002 Award Contract September 3, 2002 Project Completion ............................................................................November 15, 2002 Final Cost Report December 2002 Final Assessment Hearing .............................................................................Spring 2003 First Payment Due with Property Tax Statement May 15, 2004 Terminal Drive Storm Water Feasibility Study Page 13 City of Eagan WSB Project No. 1380-051 APPENDIX A Figures Terminal Drive Storm Water Feasibility Study Page 14 City of Eagan WSB Project No. 1380-051 Project Location Map Terminal Drive Storm Water Feasibility Study Page 15 City of Eagan WSB Project No. 1380.051 Oh ~ ~ } Y ~ L,+r11wrT f 36" CM P. POND CP-O 4 Existing Overland Flow: on GEP Parcel. Global Equity tiff rs Propert Partners r F~ow Ditch Block 30" CMMP r -45"-r7 ~y t MMnF70lA 1 f1 it. A' ~ i S' ~ F 1 { (I h Legend Subwatershed Boundary " Structure Bee Hive C> Manhole c" rr -~i Vained Grate Existing Storm Sewer N F. Direction of Flow FILL ~.\ee\nxo\2e0U51\r11WLnua\'R _ _ r.wxe, 4n~ 5, 2009 3.Oe. \ ~ P PROJECT LOCATION MAP STORMWATER DRAINAGE ANALYSIS WSB CITY OF E A G A N ll1 1J 0 200 .00 Figure 1 Alternative 1 Terminal Drive Storm Water Feasibility Study Page 16 City of Eagan WSB Project No. 1380.051 ~IC k t rY :Y ~ ~ r 36" C M P I/ T'j Q T r -8 n- CP PIDN Pry f' 'M f ?o„ 30" CMP ~ii a RCA t _ `lr Legend l Subwatershed Boundary Structure Bee Hive wE ? # Manhole 401. 4 F LI Vained Grate Existing Storm Sewer Improvement New Pipe Replace Old Pipe FIGURE 1 CITY OF EAGAN A STORMWATER DRAINAGE ANALYSIS WSB IMPROVEMENT ALTERNATIVE 1 1Q FEET Figure 2 Alternative 2 Terminal Drive Storm Water Feasibility Study Page 17 City of Eagan WSB Project No. 1380-051 a:, ~ . ~ ~x.~ ~ ~ fix. 36" CMP .fix: ~ 7~.. ~ ~D . R Q ° - Pone • CP-B ° 3O" CMP 4 ~ ,t ~ '~•~-.fry ~~t~. rA` Legend Subwatershed Boundary Structure Bee Hive . 0 Manhole Vained Grate a = Existing Storm Sewer Improvement New Pipe xt Replace Old Pipe CITY OF EAGAN FIGURE 2 STORMWATER DRAINAGE ANALYSIS I A IMPROVEMENT ALTERNATIVE 2 o so 3oo`T Figure 3 Alternative 3 Terminal Drive Storm Water Feasibility Study Page 18 City of Eagan WSB Project No. 1380.051 l n ~ r t 36" CMP ` jr.• q~0 R' a - 4, ~ Is' ill l~~~' PON' E P-8 I~i'~ . .:.3.• Ili _ 30" CM P Ahk- r FW,3p..Rc ~ ~ f ~ .r4 ~..f1 ~ "44 g ~S~ Legend a ® Subwatershed Boundary Structure - t Bee Hive %P 0 Manhole • Vained Grate Existing Storm Sewer New Pipe Proposed Stormwater Pond FIGURE 3 CITY OF EAGAN STORMWATER DRAINAGE ANALYSIS WSB IMPROVEMENT ALTERNATIVE 3 `T w 1 0 -0 300 Figure 4 Alternative 4 Terminal Drive Storm Water Feasibility Study Page 19 City of Eagan WSB Project No. 1380-051 flu 36" C M P' .tioe POND EP-8, rf 4lfii s~ L t4S ~ 40, ' y F ~ Y Remove Ditch Block _ may` ~.f 1 4 ti , r Bulkhead 30" Culvert Legend Subwatershed Boundary Structure Bee Hive 0 Manhole Vained Grate f Existing Storm Sewer ti . Direction of Flow New Pipe w , ,yl FIGURE 4 CITY OF EAGAN A STORMWATER DRAINAGE ANALYSIS WSB `MaFe+x.1 IMPROVEMENT ALTERNATIVE 4 FEET„w;,x r 150 300 APPENDIX B Preliminary Opinion of Cost Terminal Drive Storm Water Feasibility Study Page 20 City of Eagan WSB Project No. 1380-051 `]a APPENDIX B ENGINEER'S OPINION OF COST TERMINAL DRIVE STORM WATER FEASIBILITY STUDY CITY OF EAGAN WSB PROJECT NO. 1380-05 ALTERNATIVE I - REPLACE EXISTING STORM SEWERS ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE EST. COST 1 MOBILIZATION LUMP SUM 1 $10,000.00 $10,000.00 2 STREET REMOVAL SQ. YD. 133 $6.00 $798.00 3 CURB REMOVAL LIN. FT. 40 $3.50 $140.00 4 REMOVE RCP's (24") LIN. FT. 60 $7.00 $420.00 5 PARKING LOT REMOVAL SQ. YD. 2,000 $4.00 $8,000.00 6 REMOVE RCP's (30") LIN. FT. 1,052 $7.00 $7,364.00 7 REMOVE MANHOLES EACH 9 $1,300.00 $11,700.00 8 30" RCP LIN. FT. 852 $60.00 $51,120.00 9 42" RCP LIN. FT. 1,052 $92.00 $96,784.00 10 CONSTRUCT 54' MANHOLE LIN. FT. 5.0 $270.00 $1,350.00 11 CONSTRUCT 66' MANHOLE LIN. FT. 60.0 $300.00 $18,000.00 12 CONSTRUCT 72' MANHOLE LIN. FT. 8.0 $400.00 $3,200.00 13 CONSTRUCT 78' MANHOLE LIN. FT. 15.0 $420.00 $6,300.00 14 INSTALL CURB & GUTTER LIN. FT. 40 $15.00 $600.00 15 REPLACE ROAD SECTION SQ. YD. 133 $80.00 $10,640.00 16 REPLACE PARKING LOT SQ. YD. 2,000 $55.00 $110,000.00 17 RESTORATION / SOD / SEED SQ. YD. 8,400 $3.50 $29,400.00 18 INSTALLATION OF CATCH BASIN EACH 3 $2,000.00 $6,000.00 SUBTOTAL $371,816.00 +5% CONTINGENCIES $18,591.00 SUBTOTAL $390,407.00 +30% INDIRECT COSTS $117,122.00 "Estimate reflects 2006 unit prices TOTAL ALTERNATIVE 1 $507,529.00 W:\1380-05\excel\415-09 Terminal Drive Cost Estimate -73 ALTERNATIVE 2 - INSTALL STORM SEWERS ADJACENT TO EXISTING STORM SEWERS ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE EST. COST 1 MOBILIZATION LUMP SUM 1 $10,000.00 $10,000.00 2 STREET REMOVAL SQ. YD. 133 $6.00 $798.00 3 CURB REMOVAL LIN. FT. 40 $3.50 $140.00 4 REMOVE RCP's 24" LIN. FT. 60 $7.00 $420.00 5 REMOVE MANHOLES EACH 3 $1,300.00 $3,900.00 6 PARKING LOT REMOVAL SQ. YD. 2,000 $4.00 $8,000.00 7 27" RCP LIN. FT. 1,904 $65.00 $123,760.00 8 CONSTRUCT 54' MANHOLE LIN. FT. 55.0 $270.00 $14,850.00 9 CONSTRUCT 66' MANHOLE LIN. FT. 15.0 $300.00 $4,500.00 10 CONSTRUCT 72' MANHOLE LIN. FT. 7.7 $400.00 $3,080.00 11 INSTALL CURB & GUTTER LIN. FT. 40 $15.00 $600.00 12 REPLACE ROAD SECTION SQ. YD. 133 $80.00 $10,640.00 13 REPLACE PARKING LOT SQ. YD. 133 $55.00 $7,315.00 14 RESTORATION / SOD / SEED SQ. YD. 8,400 $3.50 $29,400.00 15 INSTALLATION OF CATCH BASIN EACH 3 $2,000.00 $6,000.00 SUBTOTAL $223,403.00 +5% CONTINGENCIES $11,170.15 SUBTOTAL $234,573.15 +30% INDIRECT COSTS $70,371.95 "Estimate reflects 2006 unit prices TOTAL ALTERNATIVE 2 $304,945.10 W:\1380-05\excel\415-09 Terminal Drive Cost Estimate ALTERNATIVE 3 - CONTSTRUC71ON OF STORM WATER POND ON GEP PROPERTY ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE EST. COST 1 MOBILIZATION LUMP SUM 1 $10,000.00 $10,000.00 2 CLEAR AND GRUB TREE 22 $425.00 $9,350.00 3 POND EXCAVATION CU. YD. 9,000 $13.00 $117,000.00 4 30" RC PIPE APRON W/TRASH GUARD EACH 2 $2,700.00 $5,400.00 5 30" RC Pipe LIN. FT. 760 $60.00 $45,600.00 6 RANDOM RIP RAP CL VI (FIELD STONE) CU. YD. 20 $95.00 $1,900.00 7 GEOTEXTILE FABRIC TYPE IV SQ. YD. 25 $4.00 $100.00 8 STREET REMOVAL SQ. YD. 133 $6.00 $798.00 9 CURB REMOVAL LIN. FT. 20 $3.50 $70.00 10 REMOVE RCP's 24" LIN. FT. 60 $7.00 $420.00 11 REMOVE MANHOLES EACH 3 $1.300.00 $3,900.00 12 CONTRUCT 54" MANHOLE LIN. FT. 12.0 $270.00 $3,240.00 13 INSTALL CURB & GUTTER LIN. FT. 20 $15.00 $300.00 14 REPLACE ROAD SECTION SQ. YD. 133 $80.00 $10,640.00 15 INSTALLATION OF CATCH BASIN EACH 2 $2,000.00 $4,000.00 SUBTOTAL $212,718.00 +5% CONTINGENCIES $10,636.00 SUBTOTAL $223,354.00 +30% INDIRECT COSTS $67,006.00 LAND ACQUISITION ($4.50 TO $5.00 / SQ FT $180 000-$200 000 **Estimate reflects 2006 unit prices TOTAL ALTERNATIVE 3 $470,360-$490,360 W:\1380-05\excel\4-15-09 Terminal Drive Cost Estimate -757 ALTERNATIVE 4 - BULKHEAD 30" CULVERT, IMPROVE DITCH, AND CONTSTRUCT STORM WATER POND ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE EST. COST 1 MOBILIZATION LUMP SUM 1 $10,000.00 $10,000.00 2 CLEAR AND GRUB ACRE 10 $500.00 $5,000.00 3 POND EXCAVATION CU. YD. 750 $15.00 $11,250.00 2 TRAFFIC CONTROL LUMP SUM 1 $2,500.00 $2,500.00 3 33" RC PIPE APRON W/TRASH GUARD EACH 1 $4,000.00 $4,000.00 4 33" METAL SAFETY APRON EACH 1 $1.500.00 $1,500.00 3 33" RC PIPE LIN. FT. 30 $100.00 $3,000.00 4 33" HDPE PIPE LIN. FT. 615 $60.00 $36,900.00 5 DRAINAGE STRUCTURE W/ CASTING EACH 4 $3,000.00 $12,000.00 4 RANDOM RIP RAP CL III CU. YD. 44 $80.00 $3,520.00 5 TYPE 5 HYDRO-MULCH ACRE 0.8 $3,000.00 $2,400.00 6 BULKHEAD 30" RC PIPE EACH 2 $200.00 $400.00 5 DITCH GRADING/EXCAVATION CU. YD. 300 $15.00 $4,500.00 6 REMOVE 12" CMP LIN. FT. 95 $10.00 $950.00 7 REMOVE CM FES LIN. FT. 3 $50.00 $150.00 6 REMOVE AND REPLACE EXISTING SANTIARY MH EACH 4 $1,000.00 $4,000.00 7 CLASS V AGGREGATE BASE TON 45 $25.00 $1,125.00 8 2331 BITUMINOUS WEAR COURSE SQ. YD. 100 $80.00 $8,000.00 7 REMOVE BITUMINOUS PAVEMENT SQ. YD. 100 $5.00 $500.00 8 TOPSOIL BORROW CU. YD. 650 $15.00 $9,750.00 9 EROSION STABILIZATION MATS SQ. YD. 920 $8.00 $7,360.00 8 REMOVE AND REPLACE CASTINGS EACH 1 $750.00 $750.00 9 BIO LOGS (6") LIN. FT. 125 $10.00 $1,250.00 10 HYD SOIL STABILIZER SY 1700 $2.00 $3,400.00 SUBTOTAL $134,205.00 +5% CONTINGENCIES $6,710.00 SUBTOTAL $140,915.00 +30% INDIRECT COSTS $42,275.00 LAND ACQUISITION $141,600.00 **Estimate reflects 2009 unit prices TOTAL ALTERNATIVE 4 $324,790.00 W:\1380-05\excel\4-15-09 Terminal Drive Cost Estimate Agenda Information Memo May 19, 2009, Eagan City Council Meeting VII. NEW BUSINESS A. CONDITIONAL USE PERMITS - MAGGIE MELL ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit to allow boarding of up to nine (9) horses for Maggie Mell located at 4085 Lexington Avenue South, subject to the conditions listed in the APC minutes. To approve (OR direct findings of fact for denial) a Conditional Use Permit to allow a riding stable for Maggie Mell located at 4085 Lexington Avenue South, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ? The applicant initially proposed to board up to 10 horses and to construct a 5,400 sq. ft. riding stable on the property; however since the Advisory Planning Commission meeting, the applicant has clarified their request to no more than 9 horses. ? The 5 acre property is unplatted and a single family home and attached garage are present on the site. Accessory structures for horses are also present such as a barn and two run- ins. ? The property is wooded, with steep terrain that generally slopes toward Patrick Eagan Park to the west. ? The proposal has been reviewed and a site visit was conducted by: ¦ A Resource Conservationist with Dakota County Soil & Water Conservation District. ¦ Eagan Animal Control. ¦ City Parks & Recreation, Planning and Water Quality staff. ? The request was inadvertently not noticed to the DNR prior to the APC meeting; however since the APC meeting the DNR has reviewed the request. The DNR is not opposed to the request. ? City Code does not have codified standards for either the boarding of horses or the riding stable. Consultation with the aforementioned agencies, as well as with an Agriculture Extension Educator with the University of Minnesota Extension service provided information for review of the request and conditions of approval. ~7 ? Erosion control and manure management were carefully reviewed by the Dakota County Resource Conservationist and deemed acceptable. Suggested conditions of approval will allow public agency on-going access to the site for monitoring compliance with the manure management plan. ? The riding stable as proposed would be located in the front yard or easterly portion of the site that is already cleared of trees and leveled. ? The Advisory Planning Commission held a public hearing on April 28, 2009 and is recommending approval. ISSUES: ? Two residents spoke at the Public Hearing; one of these residents spoke in opposition stating concerns that may arise with the proposed boarding of up to 10 horses. The question of a Feedlot was also raised. ? Planning staff has reviewed Feedlot requirements with the Dakota County Resource Conservationist. Because operations containing nine or fewer horses (in a shoreland zone) are not required to be permitted or registered with Dakota County or the State, the county Conservationist stated that jurisdiction lies with the City. ? Based on review of the proposal and suggested conditions of approval by Dakota County, the DNR, staff from various City Departments and consultation with the City Attorney, nine or fewer horses on the site can be managed appropriately. ? The APC added condition number 12; that there shall be no more than 10 horses on the site for the purpose(s) of boarding and personal use. (Request since modified to no more than 9) 60 DAY AGENCY ACTION DEADLINE: July 16, 2009 ATTACHMENTS (3): Location map on page 7(. Draft April 28, 2009 APC minutes on pages gO through Staff report on pages through 100 . Eagan - R.ght-Of waV O parcel as park Area guitd%i 9 ppOtPrint 01011 Map _ p ~ p G .cam'' ® ~p _ ~ a ei 9 ® ~ p ~ `S~ g d fl ~ ~ 9 3' ~ Ica ~ and LOC--- ~ a ® B a 1 w ~ 0'ffi c St gubfe r, ® ® ® ° M/r ifts 02 f®rk wyt o0 IF ® 8 a s a Zip Feet m 8 ~ ~ ~ 1000 r.: ie Mell e~n%t Ma99 use P enlpeve~oPer. Conditional p9 Develop APPti''atioty 22.CU.02-03' w 4 s Case No.. aa USv dare the WAG f accuracy this information an 7EmED FOR Off 1015 MAP IS It do not qua,, u 5 At C~ Or Omissions. She t:ity of Eagan and DakO not esPOnstble for Orr kj of twin Advisory Planning Commission April 28, 2008 Page 1 of 7 MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA April 28, 2009 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, April 28, 2009, at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Chavez, Members Filipi, Keeley, Dugan (arrived at 6:48 p.m.) and Jensen. Also present were, City Planner Mike Ridley, City Engineer Russ Mathys, Planner Sarah Thomas, Planner Dudziak, City Attorney Bob Bauer, and Recording Secretary Camille Worley. AGENDA Member Keeley moved, Member Filipi seconded a motion to adopt the Agenda. A vote was taken. All voted in favor. Motion carried 4-0. March 24, 2009, ADVISORY PLANNING COMMISSION MEETING MINUTES Member Filipi moved, Member Keeley seconded a motion to approve the March 24, 2008, Advisory Planning Commission Meeting minutes. All voted in favor. Motion carried 4-0. Ill. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) There were no visitors who wished to be heard. IV. PUBLIC HEARINGS A. Mell horse boarding Applicant Name:Homeowner Location:4085 Lexington Ave S; Application: Conditional Use Permit A Conditional Use Permit to allow a riding arena. File Number: 22-CU-05-04-09 Application: Conditional Use Permit A Conditional Use Permit to allow boarding of horses. File Number: 22-CU-02-03-09 Application: Variance A Variance to the building materials of the riding arena. File Number: 22-VA-02-04-09 Application: Variance A Variance to allow a riding arena in the front yard setback. File Number: 22-VA-01-04-09 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated March 18, 2009. She noted the background and history. Member Jensen asked about the riding stables not housing any animals under "variances" in 86 Advisory Planning Commission April 28, 2008 Page 2 of 7 the staff report. Planner Thomas explained that the riding stable is only used for riding and the barn will house the animals. Chair Chavez suggested changing the language to riding arena, rather than riding stables. Maggie Mell, Applicant discussed the need for an indoor arena due to snow and ice being hazardous to both the horse and the rider. Chair Chavez opened the public hearing. Dale Vogt, 4115 Lexington Way, expressed support for the proposal and stated he is glad to see activity on the property. He stated former owners also owned and kept horses on the property. Pete Ramstad, neighbor and representative of three neighboring lots explained his history with the property. He stated concern with the number of horses, manure management, run-off, erosion, building setbacks, zoning, removal of deceased horses and refuse, He also stated concern for possible odors that could be experienced at his home. There being no further public comment, Chair Chavez closed the public hearing and turned the discussion back to the Commission. Ms. Mell explained that she is insured for 10 horses; however, she will likely have fewer than ten horses on the property. In reference to the three-stall barn, she explained that horses are rarely in the barn (typically only if they are sick or being groomed) and that the number of stalls is not an accurate reflection on the number of horses on a site. She also stated she has had a professional review the manure management and compost plan and the plans sufficient. Planner Thomas stated the applicant is not proposing any building changes and set back requirements are being met for the riding arena. She stated Dakota County and Animal Control felt the proposal was sufficient. She indicated that the applicant provided a manure management in the Staff Report. City Planner Ridley stated that building setbacks are reviewed for new structures and City requirements are met. Ridley also stated that the zoning of the site is consistent with the Comprehensive Guide Plan designation and that the suggested conditions of approval allow City and county staff to visit the property periodically to insure that site operations are in compliance with established standards. Member Keeley suggested amending the conditions to indicate a maximum of 10 horses to be allowed on the property. Member Keeley moved, Member Dugan seconded a motion to recommend approval of a Conditional Use Permit to allow boarding of horses on property consisting of approximately 5 acres located at 4085 Lexington Avenue South, in the SE %4 of Section 22, subject to the following conditions as amended: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. Advisory Planning Commission April 28, 2008 Page 3 of 7 2. The premises shall be open for inspection by City and County agents and they shall be allowed access to inspect the premises. 3. The applicant shall meet all state environmental and water quality standards. 4. No signage shall be displayed for advertising of the boarding facility. 5. The applicant shall maintain the existing fences to contain the horses and to prevent the animals from escaping onto neighboring properties or injuring the public. 6. The applicant shall adhere to the MPCA guidelines for manure management. 7. A revised Site Plan shall be submitted identifying the location of the manure stockpile by June 1, 2009. 8. There shall be no additional removal of trees or vegetation of any kind on the property. 9. The applicant shall provide the City with a plan regarding removal of the deceased animals by June 1, 2009. 10. The applicant shall section off the paddock to half or quarter sections to reduce overgrazing and erosion of the property. A maintenance plan shall be provided to the City by June 1, 2009. 11. The applicant shall take and maintain measures to eliminate soil erosion from the property onto all adjacent property. 12. There shall be no more than 9 horses on the site for the purpose(s) of boarding and personal use. A vote was taken. All voted in favor. Motion carried: 5-0. Member Keeley moved, Member Filipi seconded a motion to recommend approval of a a Conditional Use Permit to allow a riding stable on property consisting of approximately 5 acres located at 4085 Lexington Avenue South, in the SE 1/4 of Section 22, subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The property shall be platted prior to issuance of a building permit. 3. The riding stable shall meet a minimum fifty-foot setback from all property lines. 4. A building permit shall be obtained prior to construction of the riding stable. 5. A building permit shall be obtained for the existing southern run-in. A vote was taken. All voted in favor. Motion carried: 5-0. 8a) PLANNING REPORT CITY OF EAGAN REPORT DATE: April 22, 2009 CASE: 22-CU-02-03-09; 22-VA-0 1-04-09 22-CU-04-04-09; 22-VA-02-04-09 APPLICANT: Maggie Mell HEARING DATE: April 28, 2009 PROPERTY OWNER: Maggie Mell APPLICATION DATE: March 18, 2009 REQUEST: Conditional Use Permits; Variances PREPARED BY: Sarah Thomas LOCATION: 4085 Lexington Avenue S COMPREHENSIVE PLAN: LD, Low Density ZONING: A, Agricultural SUMMARY OF REQUEST The applicant is requesting approval of the following Conditional Use Permits and Variances: a) Conditional Use Permit to allow boarding of horses; b) Conditional Use Permit to allow a riding stable; c) Variance to allow an accessory structure within the front yard setback; d) Variance to the building material standards for the riding stable. The above requests pertain to the property consisting of approximately 5 acres located at 4085 Lexington Avenue South, in the SE i/4 of Section 22. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. Planning Report - Maggie Mell April 28, 2009 Page 2 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. VARIANCES The applicant is requesting Variances for the location and exterior materials of the proposed riding stable. Upon researching the requests, staff found that the Accessory Structure Ordinance pertains to R-1 (Residential Single Family), R-2 (Residential Double) and E (Estate) zoned properties. The applicant proposes an agricultural use on an Agricultural zoned property and therefore the Accessory Structure Ordinance does not pertain to this property, however the riding stable should not house any animals and it must meet the 50 foot setback requirement from all property lines. This is noted as a condition of approval. In addition, the run-in located on the south side of the perimeter was constructed without a building permit. While these structures are exempt from the accessory structure ordinance, building permits are required. This is also a condition of approval. Planning Report - Maggie Mell April 28, 2009 Page 3 BACKGROUND/EXISTING CONDITIONS The property consists of approximately 5 acres and much of the property is wooded with steep terrain. A single family home with an attached garage is present on the site. The site has housed horses for many years. Two fenced paddocks exist on the property, one in the front yard, approximately 0.25 acres and a larger paddock in the rear yard, approximately 0.5 acres. A paddock is defined as a small, usually enclosed field near a stable or barn for pasturing or exercising animals. A three-stall barn and two run-in's (a three- sided structure for shelter from the weather) also exist. Patrick Eagan Park shares the west property line of the subject site. To the north and south are single family homes and to the east is Lexington Avenue and is screened by wooded areas. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Single Family home R-1, Residential Single Family LD, Low Density South Single Family home R-1, Residential Single Family LD, Low Density East Lexington Ave R-O-W West Patrick Eagan Park P, Park P, Park and Recreational Open Space EVALUATION OF REQUEST Proposal - The applicant is requesting approval of a Conditional Use Permit (CUP) to allow a small scale boarding facility on this agricultural property. The applicant proposes ten horses in total to be allowed with the boarding facility. The applicant currently owns five horses. The applicant is also requesting approval of a CUP for a riding stable to ride the horses indoors during inclement weather. The location of the riding stable is proposed in the front yard between the home and Lexington Avenue in an area that has already been leveled and cleared of vegetation and previously utilized as a paddock. Compatibility with Surrounding Area - The proposed use is as a small scale boarding facility and for a riding stable. These uses are allowed within the A zoning district via a CUP and the conditions of approval are adhered to. The property slopes to the rear toward the existing paddock and Patrick Eagan Park. City staff shares concern in relation to potential overgrazing that could cause erosion and runoff into the park. These concerns are addressed throughout the report and conditions of approval. S Planning Report - Maggie Mell April 28, 2009 Page 4 Site Plan - The proposed Site Plan identifies a 5,400 sq. ft. riding stable in the front yard of the property. The applicant describes the riding stable as, "a very basic facility that has four walls, sand based flooring, provides protection from the elements I would also like to rough-in a future bathroom". A building permit is necessary for the riding stable and a bathroom may require a septic system upgrade. The bathroom would need to be heated to prevent freezing and require frost footings. MPCA - The City of Eagan does not have codified standards for approval or criteria for review of feedlots. A feedlot is defined as an area that encloses any number of animals. Staff has worked with the Minnesota Pollution Control Agency (MPCA) and Dakota County Soil and Water Conservation District (SWCD) to gain a better understanding of pasture and manure management for recreational horse owners. Research was also conducted through the University of Minnesota Extension Service and the MN Department of Agriculture. A Feedlot Registration form is required by the MPCA for properties having more than 10 animal units within the shoreland area, however the applicant is proposing a maximum of 10 horses. Expansion - The MPCA prohibits new feedlots within 1,000 feet of Department of Natural Resources (DNR) protected lakes, however expansion of existing feedlots under 1,000 animal units is allowed as long as the expansion is not located closer to the ordinary high water level than any existing portion of the animal feedlot or manure storage areas; which is the case here. From aerial photographs, it appears that the existing feedlot (the barn where the horses are stabled) is approximately 790 feet from the edge of McCarthy Lake, which is a protected lake. The proposed location of the riding stable is east of the existing barn and paddock area. Manure Management - There are many MPCA rules for manure management and where potential manure stockpiles can be placed. The MPCA provides a form with a good overview of those rules. Specific to this site, a few of the most important rules are: • Stockpiles are prohibited on land with greater than 6% slope. (Much of the property has greater than 6% slopes.) • The same stockpile site cannot be used from year to year. All of the accumulated manure is required to be removed from the site at least once per year and spread on cropland at agronomic rates as fertilizer. During a site visit to the property, the applicant identified the location where the proposed stockpiles would be located. This location is adjacent to the existing barn, on the north side and is on one of the highest points of this area of the property. The applicant proposes a three bin system with a concrete base for the stockpiling. This design appears to be sufficient for manure management based upon the researched data and in the opinion of a staff member of the SWCD. Number of Animal Units - There does not appear to be a definitive answer as to how many horses are allowed per acre or per grazable area. Research conducted found that the suggested numbers range between one half acre to two acres per horse. v ~Q Planning Report - Maggie Mell April 28, 2009 Page 5 The City of Eagan's Animal Control Officer has reviewed the proposal and in her opinion, the site should be able to support the ten horses in light of the suggested conditions of approval. City policymakers should determine if ten horses are appropriate for the 5 acre site so as not to have a detrimental effect upon the adjoining park property and residential areas. Animal Mortality - Animal mortality will unfortunately occur. The narrow driveway may cause difficulty in removal of a deceased animal, especially during the winter months. The applicant should provide the City with a plan regarding removal of deceased animals. Si na e - No signage is proposed. This is included as a condition of approval to keep unnecessary traffic off of the site. As the applicant states in the narrative, "We do not want people driving in knowing horses are here, from the road a passerby would never know. Privacy is important to us... it is to remain a home first and foremost". Grading/ Topography - The property slopes to the west where the approximate 0.5 acre paddock is located and toward Patrick Eagan Park. Erosion Control - The site has been cleared of all but one tree and has been overgrazed. In order to reduce runoff from the site and erosion of the property, the applicant should section off the paddock to half or quarter sections. The site should be inspected on an annual basis to ensure erosion is not occurring. If erosion into the park becomes occurs, additional steps may be necessary to resolve the issue. Access - Access exists and would remain from Lexington Avenue. No additional parking is proposed as the only additional traffic would consist of an occasional trailer used for transporting the horses. SUMMARY/CONCLUSION The applicant is requesting approval of a Conditional Use Permit to allow boarding of horses and a Conditional Use Permit to allow a riding stable. Through proper manure management and appropriate grazing methods to limit erosion, it appears as though the proposed ten horses could be accommodated for on this site. City policymakers should determine if ten horses are appropriate for the 5 acre site so as not to have a detrimental effect upon the adjoining park property and residential areas. Upon the determination that the proposed use is agricultural on property zoned agricultural, the riding stable is not subject to the Accessory Structure Ordinance and the variances are not required; however, building permits are necessary. Planning Report - Maggie Mell April 28, 2009 Page 6 ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow boarding of horses on property consisting of approximately 5 acres located at 4085 Lexington Avenue South, in the SE 1/4 of Section 22. 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The premises shall be open for inspection by City and County agents and they shall be allowed access to inspect the premises. 3. The applicant shall meet all state environmental and water quality standards. 4. No signage shall be displayed for advertising of the boarding facility. 5. The applicant shall maintain the existing fences to contain the horses and to prevent the animals from escaping onto neighboring properties or injuring the public. 6. The applicant shall adhere to the MPCA guidelines for manure management. 7. A revised Site Plan shall be submitted identifying the location of the manure stockpile by June 1, 2009. 8. There shall be no additional removal of trees or vegetation of any kind on the property. 9. The applicant shall provide the City with a plan regarding removal of the deceased animals by June 1, 2009. 10. The applicant shall section off the paddock to half or quarter sections to reduce overgrazing and erosion of the property. A maintenance plan shall be provided to the City by June 1, 2009. 11. The applicant shall take and maintain measures to eliminate soil erosion from the property into the Patrick Eagan Park property. To recommend approval of a Conditional Use Permit to allow a riding stable on property consisting of approximately 5 acres located at 4085 Lexington Avenue South, in the SE 1/4 of Section 22. 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The property shall be platted prior to issuance of a building permit. 3. The riding stable shall meet a minimum fifty-foot setback from all property lines. 4. A building permit shall be obtained prior to construction of the riding stable. 5. A building permit shall be obtained for the existing southern run-in. 00 Eagan Boundary Right-of-way i Para Location Map Park Area k Area Building Footprint e~ a lab a on ` ~ ® ~ m If ~ ~ • . a a Two/ ® °~P r ® 6 • ® ®P 4 q%fi M,F~ t 1 o a ar e "`Es t~ . v p a it P V ® `a® R 4d ° °p d tr ; I Sub'ect Site so a A 7 ' jj+ • g IP ® ' ° tP ® 0 Mill ® b b ~~i r r:. ® d rP ® ~ ¦ • r r ~ ~ , I a 4 , y Y o- JVE~ Tfl 1000 0 1000 2000 Feet Development/Developer: Maggie Mell Application: Conditional Use Permit Case No.: 22-CU-02-03-09 sq N City of Eaaai THIS MAP IS INTENDED FOR REFERENCE USE ONLY W+E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Dovolopmont Dapartmant not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Maggie Mell Conditional Use Permit 22-CU-02-03-09 Zoning Map P -P9 4 00 op o °m m ~0'•O a ama ~ ®a G P © o oD Q P D p k-1 ° © p Current Zoning: A Location i a A Agricultural R-1 a PF O od g,.o q 3 P iD PD p d PF nnR ® "ta Q ® D q F a e B f~ o ffi 6 . NO. 30 D)FLEY ROAD) T s00 0 000 1200 Feet 8 r...~ _ 0 f3E I Comprehensive Guide Plan LD V A p ME Land Use Ma P G1P p ,*6 00°°0 o °r'O dna- 4 p 0 a~ °o b ~q LD LD % f9 Location Current Land Use Designation: E O 0 qP LD La U od ° , o 4 e 'tip Low Density P > ~ oti O fr op P Cb ~m Q a f o .010.30 DIFLEY ROAD) 000 0 000 1200 Fast 6 n I Parch base map In/ormatlon provided by Dakota County Land Su-ay Department Deembsr 2005. N Y Zoning infonnatlon maintained by City Staff. City of Cap W THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. S 1 SCALE IN rifT 0 ea 100 150 SOUTH LINE OF THE NORTH ERIC & DEB SPRING I I 25 75 tiro: 15 ACRES OF THE E 1/21 OF W THE NE 1/4 OF THE SE /4 "In e - DENOTES IRON MONUMENT FOUND N 89 °55' 41 e E DENOTES CON MONUMENT SET 661.20 6 BEARwas ARE ASSUMED DATUM 101164 124.74 37282 = 48.54 I zju I hereby certify that this Is a correct representation of a survey of. jW .6 55 Q That part of the E 1/2 of the E 1/2 of the SE 1/4 of Section 1- Q 22, Township 27, Range 23. Dakota County, Minnesota, described as follows: ' >o I Commencing at the southeast corner of said SE 1/4; thence pR1 E i north on the at line 1110.00 feet; thence North 89 degrees 55 minutes 36 seconds West, 300.00 feet; thence North 00 BUILDING SETBACK LINES PROPERTY ADDRESS: degrees 04 minutes 24 seconds East. 140.66 feat to the point 4085 LEXINGTON AVE. S. pP $,`u",ut of beginning; thence North 00 degrees 04 minutes 24 seconds EAGAN, MN 55123 TREES NNW East. 109.34 feet; thence South 89 degrees 55 minutes 36 £ t` rry seconds East. 300.00 feet to the east line of sold E 1/2 of lit -Or-WAY- E Op cd (O the E 1/2 of the SE 1/4; thence north on sold east line. TREES 5.0 ACRES TREES A AKOTA C NTY to 268.37 feet to the south line of the North 15 acres of the E .0. . MAP ) 89 SO N N h 1/2 of the NE 1/4 of SE 1/4; thence west on said south line z ll II r of said 15 acres to the west line of sold E 1/2 of the E 1/2 z 1PAR 1 to w O of the SE 1/4; thence south on sold west line, 380.08 test to EDGE OF TREES Q W O the Intersection of a line bearing North 89 degrees 55 minutes a Q _ L' J said line. 351.60 to the point of hence coat on O TiI12\L, HOUSE 0 36 sY bb In I LINES EES % 0 \ Grant D. Jacobson, N License No. 23189 N 89°42 44e E Q q, Dated this 23rd D y of February, 2009 EDGE OF TREES 1 Revised this 23rd Day of March, 2009 1 ~ ~ L VOLT LIVING TRUST CI (n \ D Z PdNT OF BEGINNING 11 ; Q O BLOCK NOTE: THE BEARING SYSTEM FOR THIS SURVEY IS BASED Q TREES TREES In N THE CURRENT DAKOTA COUNTY SECTION BREAKDOWN W AND DOES NOT MATCH THE DEED DESCRIPTIONS. U W I n 181.28 200.3] 361.59 CERTIFICATE OF SURVEY N 89°42'44' E PREPARED FOR. LOT 2, BLOCK, Hidden Horse Stables Attn: Maggie Mell PETER & JANICE RAMSTAD 4085 Lexington Avenue S. FOREST ~C AO,T:C Eagan, MN 55123 JACOBSON ENGINEERS & SURVEYORS 21029 HERON WAY TEL (952) 469-4328 LA I EM.LE, MN- 55044 FAX (952) 469-4e24 POOL NO 209008 CHECKED: GOJ DRANK: GDJ SCALE AS SHOWN DAIS 2-23-09 FIELD BOOK: 178-33 E~ E+ W61~rMt if-r% _ PADDOCK FRONT REAR iNiii/~I 7 JJ J`~f l'j` t / rJ MANURE COMPOST BINS 'e'"m""°"-~,r @z> fir,-,w'-• ~_z, .,-ti y.,~~,, _ CLEARING l MJ 4' - 3-15-09 City of Eagan, Please let me introduce my family. We are a family of 6 and have lived in Eagan for 8-years. We moved from a house in Eagan just 2.5 miles away from this home when we found this hidden gem of a property. We have 4-children from ages 10-14 and are very active in the community. We are true horse enthusiasts, riding both dressage and western pleasure. My children are very active in sports and 4-H with the Dakota County Wranglers. I am a stay-at-home mom who has turned my love of horses into a business called The Haughty Horse. This is an internet only business that I developed to fill a void in the horse world. I sell bright, unusual horse tack. Horse tack consists of everything a rider needs to ride a horse; halters, bridles, saddle pads ...etc. I am a former broadcast journalist, an interior designer and owner of a retail store in Minneapolis. My husband, John Schonberg, works as a portfolio manager for River Source, a division of Ameriprise Financial. In addition to thehaughtyhorse.com I am currently working with the Dakota County Sheriff's Mounted Patrol I volunteer my time for search and rescue, search and recovery, National Night Out, parades, escorts, crowd control and any other work where horses can help with needs in Dakota County and surrounding communities. Just last year there were six suicides and many lost children in Lebanon Hills. This property on Lexington is a dream come true for our family. We have a few horses that we own and train. Our plan for this property is quite simple. We want this property to always be our home. This is where we reside full time and we want its integrity to remain as such. We love the privacy and want to keep it that way. It is very important to us that our children have a safe, quiet environment to play and grow. We plan to be here at this home for a very long time. We want to raise our children here and live here long enough to retire in this peaceful environment. The reason for this conditional use permit is a simple one. My daughter would like to allow a couple of her friends, who also own horses, to reside or "board" here at our home. We would need the permit so that the City of Eagan is aware that we would in the future have a couple of horses that are not owned by us on our property. Our family does not wish for this to be a mega "boarding" facility. We would like to invite these two families to keep their horses here come spring or early summer. Owning q7 RECEIVED horses is a wonderful opportunity and an enormous responsibility. But riding alone is quite frankly, pretty boring for the rider. I would like to see my daughter have one or two friends to ride with her here on our property. (Please insert riding arena narrative here.) Our plans are for a 60x90 arena so I can ride daily. It is April 1st and snowing. An arena clearly is a must on horse properties in Minnesota. Because we don't wish to be a boarding facility we don't ever plan to hang signs on the street, we have no plans to advertise, draw crowds, and be open to the public because for us this is our private home. We do not want people driving in knowing horses are here. From the road a passerby would never know. We definitely want to keep it that way. Privacy is important to us. We also don't plan to have lots of traffic in and out of our driveway because it is to remain a home first and foremost. An occasional trailer will come in and out to transport our horse(s) to and from my Mounted Patrol activities and my daughters' summer shows. We understand how unusual it is to have property zoned agriculture in the heart of Eagan. We also know the original owner/builder quite well as he trains both myself and my daughter in dressage. We understand that there have been no prior guidelines in Eagan for such property use. Many properties are not zoned agriculture. We are very sensitive to the needs of our immediate neighbors. That is why we plan to keep the integrity of the property the same. Horses are herd animals which means they are better kept in small groups. They remain calm and are happy, content and easier to manage if kept in a herd. It is better for horses to have space to roam. Too many horses can overcrowd them and give them less grass to graze on during the day. Some horses prefer stalls, some do not. It is not normal to keep horses stalled. Horses pace, feel trapped and are like "caged animals" when kept in a stall. Some people will add a cow or sheep for a horse for company even. We have no plans or desires for any such animals. This is not a hobby farm. If horses do not have hours of adequate exercise in a day they can "founder" or have swollen muscles and joints. A horse is of no use with bad legs. Therefore, it doesn't matter how many stalls a property has. We use stalls for injuries, sickness, quarantine, vet visits, teeth floating, spring shots, de-worming or show prep primarily. If horses need shelter from hail storms, wind or sun it is a common practice to use a run-in ,RECEIVED APR 0 1200 shed (a three-sided non-permanent structure that allows the horse to stand under for protection). It is similar to a bus shelter. The property has a 10 by 20 shelter in the back paddock. Horses are self insulators. That means they grow thick coats beginning in the fall for winter protection. They gain weight for winter self maintenance. Even snow on a horses' back is a layer of protection for the horse. It is an insulator. Come spring horses "shed-out". This means they shed their coats for spring and summer warmer months. Their coat then turns to a much shorter pile. This property comes with a 3-stall barn. It has a large hay loft, a trainer's room and tack areas. We currently have 4-of our horses here. One of ours is in training at another facility off of the property. The property essentially will remain in status quo. We would just like the option to allow a couple of other horses to join ours. Our current insurance policy allows for up to 10. We would like to have a future of 7- horses this would include our 5-horses, 2-ponies (my daughter's friend) and 3- miniatures. Both pony size and miniature size are not considered horses. They produce less manure, eat less, drink less, graze less, etc. It takes 4-miniatures to equal one pony. Six-miniatures to equal one horse. So all of that put together would equal 10 or less animals on the 5-acre policy ...well under any recommendations for horse/per acre ratio. We also plan to compost for manure management Horse manure with age turns to black dirt. This dirt we will then use as mulch and ground fill and gardening beds around our 5-acre property. This will provide us with a free, easy source of compost which is a valuable addition to our paddock grasses, gardens and yard. It is also great for our horseless neighbors. Ultimately it will make our property more pleasing to look at for us and for our neighbors. On a small farm composting horse manure can be quite effective and manageable. Manure is picked up already on a daily basis at our home both in the paddock and stalls. Manure pick-up is as simple as a stall fork and a bucket (similar in size to a round plastic party tub with 2-handles purchased at Target). This daily pick-up reduces the chance of flies breeding in hot summer months, odors and the chance of manure contamination runoff. Since we have a small amount of horses composting isn't difficult. Currently the manure is on a high area outside the barn. This location is to prevent a low lying location that can make manure turn soggy. It is also placed in a 7~ECEI~E~ APR convenient location for ease of use. When the ground is no longer frozen and post holes can be dug three bins, made of landscape timber similar to railroad ties, will be placed in the area for our compost plan. These bins will be 4 ft. by 4 ft each in size. They will all be placed next to one another with a common wall. Here is how it works: I will pile the daily manure and stall waste in one bin. When that bin is full it is left alone to compost. I then start to fill the second bin. Once the composting is done in the first bin (with this few horses it should take a month or less) it is ready for use. In the winter months it slows a little bit taking up to 6 weeks to compost. Eventually when all are in use one bin will be composting, the second bin will be used on a daily basis to fill and the last bin will already be composted and ready to use at our convenience. I think that is everything you need at this time for this permit. I hope my explanations are not too basic. I understand that there are "non-horse" people learning as quickly as possible to advise the City of Eagan. That is certainly understandable and commendable. But there are lots of "horse experts" out there. It is shocking how little these "experts" actually know! I've met horse owners that don't even de-worm their horses, give strangles inoculations, rabies shots, 3-way shots, teeth float, etc. My horses get regular vet visits and are given yearly Coggins blood tests and vaccinations so that they neither spread disease nor are vulnerable to any disease. Please let me know if there is anything we can do to answer your permit or horse questions. I thank you again for considering our permit. Please know that horses have always been on this property and meant for it. Our new neighbors have wonderful stories of such. My husband and I plan to keep it the same. Our love of this property was because of its beauty, the wonderful amount of trees, its proximity to Patrick Eagan Park, its zoning, the serene environment, etc. Trust that we do not want to change any of that! Sincerely, 74& Maggie Mell RECEIVED APR 0 1 200 I 3-15-09 City of Eagan, My name is Maggie Mell and I live at 4085 Lexington Ave. South in Eagan. We just recently purchased this 5-acre parcel that is zoned agriculture. It is our family home and we currently have 4-horses on the property. Two of our horses train for mounted patrol. I am currently a mounted patrol for the Dakota County Sheriffs' Office. We are used in search and rescue, search and recovery, parades, escorts and any other need that Dakota County and surrounding communities might need. To train my horse(s) I need the ability to ride year round. This property is equipped with a stall barn but no pole barn. I am enclosing a building permit for a pole barn. This is a very basic facility that basically has 4-walls; sand based flooring and provides protection from the elements such as wind, rain, snow and direct sun. I would also like to rough-in a future bathroom. I am in desperate need to ride here at my home. I need to train my horse(s) so that we can pass the yearly certification and are prepared for duty. Our first selection for a pole barn or indoor was on a hill on our property from our home and above the border and setback from Patrick Eagan Park. Unfortunately this being on a hill would require a very expensive retaining wall. So much so that it would almost cost as much as the building's materials! It would have also required us to cut down many trees in that location. So as a result we have picked a great new location for this pole barn on the property where no trees need to be cut at all. There is also less construction work and cost for my husband. Enclosed you will find a current survey and permit application. Please let me know if you have any questions for this project. Sincerely, aggie 612-865-9599 RECEIVED MAR 111 ?009 q~ "A -j Ida - - ' ~ ~ ~ %}r• r'4. ar C l' r r'f t .q ti s. _ r • - L~ `J`~r< a' f fry ~-r}",.-i. ~f }~~~f 4 .07 r ; 'i J 5~ ; ,r !,r; 5 by ~ . f - ~ J,F-'fir ; • 'f ' t P.'~ ,yati.3 .iF Agenda Information Memo May 19, 2009 City Council Meeting VIII. LEGISLATIVE/INTERGOVERNMENTAL RELATIONS A. APPROVE CORRESPONDENCE TO THE FAA REGARDING THE USE OF AIRSPACE DURING THE RECONSTRUCTION OF RUNWAY 12L/30R. ACTION TO BE CONSIDERED: To approve correspondence to the FAA regarding the use of airspace during the reconstruction of Runway 12L/30R. FACTS: • The north parallel runway at MSP Airport is scheduled to be closed for reconstruction for approximately 2 '/2 months this summer (August 17 through October). • The closure is necessary to reconstruct the center segment of the runway. • A similar closure occurred in 2007 when the south parallel runway was closed for reconstruction. • While residents in northeast Eagan saw welcomed noise relief during the south runway closure in 2007, they will now see a noticeable increase in noise as a result of the closure of the north parallel runway this summer. • Per the direction of the Eagan Airport Relations Commission (ARC) at the May 12, 2009 meeting, the ARC is requesting that the City Council consider sending correspondence to the FAA asking that the airspace south of Runway 30L/12R (north parallel runway) be utilized during the closure. • A similar request was made by the City of Mendota Heights in 2007, requesting the airspace over Eagan be used during the closure of the south parallel runway. • In 2007, the FAA concurred with Mendota Heights and did utilize the airspace over northeast Eagan to some extent during the closure. • The MAC will be hosting an Open House on August 17 from 7-8:30 at the Eagan Community Center to communicate to residents the temporary noise impacts that will result from the runway closure. ATTACHMENTS: • Enclosed on page /is the proposed correspondence to the FAA. /o l 4b~ City of Eaali Mike Maguire Mayor May 19, 2009 Paul Bakken Cyndee Fields Mr. Carl Rydeen, MSP ATCT Manager Gary Hansen 6311 34th Avenue South Meg Tilley Minneapolis, MN 55450 Council Members Dear Mr. Rydeen, Thomas Hedges City Administrator The City of Eagan is aware of the temporarily closure of Runway 12L/30R for reconstruction this summer, and appreciates the investment being made to maximize safety at MSP. In partnership with the MAC, we are making all efforts to communicate to our residents the impacts of the temporary closure. In 2007, during the reconstruction of the south parallel runway, the City of Mendota Heights Municipal Center respectfully requested that the airspace south of Runway 12R/30L be utilized to the greatest 3830 Pilot Knob Road extent possible during the closure. At that time, the City of Eagan understood the concerns of Eagan, MN 55122-1810 Mendota Heights, and noted that a similar request would be made by Eagan when the time 651.675.5000 phone came for the north parallel runway to be reconstructed. 651.675.5012 fax 651.454.8535 TDD Therefore, as the City anticipates the closure of Runway 12L/30R for reconstruction this August through October, we now respectfully request that the airspace south of Runway 12L/30R be utilized during the runway closure in an effort to fan as much noise as possible throughout the Maintenance Facility Eagan/Mendota Heights Corridor. 3501 Coachman Point Eagan, MN 55122 On behalf of the City, thank you for your attention to the matter and for your ongoing 651.675.5300 phone recognition of the importance of minimizing airport noise across the communities. 651.675.5360 fax 651.454.8535 TDD Sincerely, www.cityofeagan.com Mike Maguire Mayor The Lone Oak Tree Cc: Jim Danielson, Mendota Heights City Administrator The symbol of Chad Leqve, MAC Manager of the Aviation Noise and Satellite Programs strength and growth in our community. r