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04/06/2010 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING April 6, 2010 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE f I II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS a A. Recognition of Long -term E -TV Community Television Volunteers IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) 3 A. APPROVE MINUTES B. PERSONNEL ITEMS 19 C. APPROVE Check Registers D. DECLARE 1978 Fire Engine surplus and authorize its sale E. AUTHORIZE donation of used fire turnout gear to School District 196 $• �� F. APPROVE Tree Maintenance Contractor Licenses for Castle Rock Tree Service, LLC, and Midwest Tree Care RQS G. APPROVE Temporary On -Sale Liquor License and waive license fee for Trinity School at River Ridge for a Spring Gala event on April 17, 2010 fag H. APPROVE change in management on the On -sale Liquor License at Joe Senser's of Eagan, Inc., dba Joe Senser's Sports Grill & Bar located at 3010 Eagandale Place e911. APPROVE Northern Capital Insurance Group as the City's property /casualty insurance broker J.3D J. SET public hearing date for May 4, 2010 to certify delinquent false alarm bills K. SET public hearing date for May 4, 2010 to certify delinquent weed cutting bills P L. SET public hearing date for May 4, 2010 to certify delinquent board up bills M. SET public hearing date for May 4, 2010 to certify delinquent refuse removal bills -N. APPROVE the 2010 Use Agreement for Blue Cross /Blue Shield fields f 3 O. ACCEPT donation for a park bench to be located in Central Park f3$ P. APPROVE Lease Agreement with St. Croix Harley Davidson f,45 Q. APPROVE Resolution for Dakota County All Hazard Mitigation Plan Q•wz R. APPROVE Clarification of Special Use Permit Condition regarding Days of Operation for West End Gun Club S. APPROVE City of Eagan 2030 Comprehensive Guide Plan Update �• �? T. APPROVE Comprehensive Guide Plan Amendment and Rezoning of Eagan Fire Station No. 2, Plat 1 i. U U. APPROVE Comprehensive Guide Plan Amendment, Rezoning and Preliminary Planned Development — Northwood Townhomes — Dakota County CDA �77 V. AWARD Contract 10 -02, City -Wide Street Overlays W. AWARD Contract 10 -08, 2010 Citywide Sanitary Sewer Lining X. APPROVE Joint Powers Agreement with Dakota County (Yankee Doodle Road and Promenade pp Avenue — Traffic Signal l,&3 Y. AUTHORIZE Design Nine as 2010 Broadband Consultant ��84 Z. REVISE Public Hearing to Vacate Right -of -Way, Old Sibley Highway & Old Sibley Memorial Highway (MVTA Cedar Grove Transit Station) .5 AA. APPROVE Extension for recording Final Plat —Cedar Grove Park and Ride ��rl BB. SET public hearing date for May 4, 2010 to certify delinquent utility bills V. PUBLIC HEARINGS VI. OLD BUSINESS f l?:RA. ORDINANCE AMENDMENT —Chapter 6, Other Business Regulation, Section 6.34, Tobacco "(Tobacco licensees deriving 90% or more of its total revenues from tobacco, tobacco products and tobacco related device sales)" VII. NEW BUSINESS T. (J,_�A. CONDITIONALUSE PERMIT - Alexander's Moving and Storage / R.J. Ryan Construction Inc. — A p Conditional Use Permit to allow outdoor storage of semi trailers located at 2811 Beverly Drive. T f l a B. TEMPORARY PARKING REQUEST— Slater Rd (Cliff Rd to Cinnamon Ridge Trail) VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY (There are no items at this time) X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT City of Evan Ns TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 2, 2010 SUBJECT: AGENDA INFORMATION FOR APRIL 6, 2010 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the April 6, 2010 City Council agenda, the following items are in order for consideration. Agenda Information Memo April 6, 2010 Eagan City Council Meeting Recognitions and Presentations A. RECOGNITION OF LONG -TERM COMMUNITY TELEVISION VOLUNTEERS FACTS: ➢ Eagan has been active in public access programming for more than 25 years, first with Burnsville /Eagan Community Television and —more recently —with Eagan Television since 2009. ➢ It takes a lot of volunteers to make community television happen, and we encourage people of all age— teenagers, stay -at- home - parents, recent retirees, and more to get involved with E -TV. ➢ Staff can help train residents in how to videotape, edit programs and produce studio shows. ➢ With us tonight are a number of long -term community television volunteers that deserve our recognition and respect. ➢ (Mayor Maguire will recognize Bob Cooper, Alan Miller, Duane Brusehaver, Bill Raker, Sharon Miller, Joan Wright, Mary Dahlke, Sam Dahlke, and Emily McKown.) ATTACHMENTS: • None 0 Agenda Information Memo April 6, 2010 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the March 16, 2010 Regular City Council meeting and minutes from the March 9, 2010 Special City Council meeting as presented or modified. ATTACHMENTS: Minutes of the March 16, 2010 Regular City Council meeting are enclosed on pages through �. Minutes o the March 9, 2010 Special City Council meeting are enclosed on pages through LZ. 3 � r MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota March 16, 2010 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Bakken, Hansen, and Tilley. Members of the Old West Society were present to request that they be allowed to discharge firearms during the 4th of JUly parade. Staff will work with the group to determine if their request could be granted as a part of the parade permit and remain in compliance with the noise ordinance. A regular meeting of the Eagan City Council was held on Tuesday, March 16, 2010 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Bakken, Hansen, and Tilley. Also present were City Administrator Tom Hedges, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that an item would be added as New Business item D. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Girl Scout Troop 50745 of Dakota Hills Middle School presented Girl Scout cookies for the 150th anniversary celebration food drive. CONSENT AGENDA Clarification was made in regard to Item P and Item R. 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 March 2, 2010 regular City Council meeting as presented. B. Personnel Items. (There were no items) C. It was recommended to ratify the check registers dated February 25, 2010 and March 4, 2010 as presented. D. It was recommended to approve an addendum to the utility audit agreement the City has executed with Troy and Banks. E. It was recommended to approve the Final 2009 General Fund and Community Center budget adjustments. F. It was recommended to approve tree maintenance contractor licenses for Outdoor Specialties and Natural Elements Lawn and Landscape, Inc. G. It was recommended to approve the temporary on -sale liquor license and waive the license fee for the Eagan Foundation for a wine tasting event on April 22, 2010. H. Application withdrew. I. It was recommended to accept a donation from Genisys Credit Union in the amount of $5,750 for a 2010 event partnership for several Parks and Recreation community events and approve the appropriate budget adjustment to reflect the donation. J. It was recommended to authorize the application of a grant from the Metropolitan Regional Arts Council for a collaborative grant with Eagan Parks and Recreation, Eagan Art Festival and local business partners. ii City Council Minutes March 16. 2010 Page 2 DRAFT K. It was recommended to accept a proposal from the Eagan Resource Center to create a community garden in Woodhaven Park and authorize staff and the City Attorney to develop a Use Agreement for park property and designate the Director of Parks and Recreation to sign the agreement on behalf of the City. L. It was recommended to approve a Program Agreement for Urban Land Institute / Regional Council of Mayors Opportunity City Program and authorize a $5,000 match and commitment of making City staff available to work with consultants to explore strategies to support a full range of housing choices. M. It was recommended to approve a contract with Dakota County awarding the City of Eagan $16,000 for the purpose of creating a bike /pedestrian connection program within retail service areas, authorize the Mayor to execute the agreement and add a budget adjustment in the Department 2 (Engineering) 2010 budget. N. It was recommended to authorize the City Attorney to draft Ordinance Amendments to Chapters 7 and 10 of the City Code regarding obstructions and landscaping in streets, and obstructions on public property. O. It was recommended to award Contract 09 -20 (Fire Safety Center / Station Trail — Site Grading and Utilities) to Miller Excavating, Inc., for the base bid for a total amount of $619,960.90 and authorize the Mayor and City Clerk to execute all related documents. P. It was recommended to award 20 construction contracts, authorize rebidding 6 contracts related to construction of the Fire Safety Building and Fire Station No. 2 — Building Construction, and authorize requesting a 90 day extension to consider two alternate bids. Q. It was recommended to approve an Agreement for Engineering, Right of Way Acquisition and Highway Construction for Project 925 (Yankee Doodle Road and Promenade Avenue — Intersection and Street Improvements) and Project 1035 (Denmark Avenue and Promenade Place — Intersection Control Evaluation) with Dakota County and Authorize the Mayor and City Clerk to execute all related documents. R. It was recommended to receive the petition to vacate a portion of public right -of -way (Wescott Woodlands) within the Wescott Gardens and Wessel Pond Additions and schedule a public hearing to be held on April 20, 2010. S. It was recommended to approve a resolution amending the Part III 5 -Year Capital Improvement Program (2010 -2014) to incorporate the placement of Contract 09 -18 (Duckwood Drive / Federal Drive — Bridge /Street Improvements) in 2011. T. It was recommended to approve the Consultant Service pool for lawn mowing, refuse removal, securing vacant buildings and general maintenance for the pool of businesses on the attached list, authorize the City Planner and / or Senior Code Enforcement Technician as the signatory for work orders, and to authorize the Mayor and City Clerk to execute all related documents. U. It was recommended to cancel the Council work session on April 13 and schedule work sessions for April 26 and 27, 2010. PUBLIC HEARINGS PUBLIC UTILITIES USER RATES CHANGES: WATER, SANITARY SEWER, STREET LIGHTING, AND STORM DRAINAGE / WATER QUALITY. City Administrator Hedges introduced this item regarding public utilities user rate changes, noting that the Council, in 2009, gave direction to Springsted, Inc. to complete a rate study for all public utilities. Chief Financial Officer Pepper provided a summary of the proposed changes. Mayor Maguire opened the public hearing. There being no comment, he turned discussion to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to close the public hearing and adopt a resolution approving changes to public utilities user rates for water, sanitary sewer, street lighting, 5 City Council Minutes March 16, 2010 Page 3 D .E and storm drainage / water quality, effective July 1, 2010, and to incorporate such changes into the Fee Schedule. Aye:5 Nay:0 PROJECT 1015, BLACKHAWK ROAD STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Blackhawk Road Public Works Director Colbert provided an overview of the City's pavement management program. Assistant Engineer gave a staff report. Mayor Maguire opened the public hearing Bob Richardson, 4280 Blackhawk Road, questioned the special assessment rate in regard to four lots that were rezoned. Public Works Director Colbert noted that an application could be submitted for a deferment of the assessment at the time of the final assessment hearing. There being no further comment, Mayor Maguire turned discussion back to the Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve Project 1015, (Blackhawk Road — Street Improvements) and authorize the preparation of detailed plans and specifications and the acquisition of temporary trail construction easements, if necessary. Aye: 5 Nay: 0 There were no old business items. OLD BUSINESS NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT AND PRELIMINARY SUBDIVISION (STONEHAVEN) — LENNAR City Administrator Hedges introduced this item regarding a planned development amendment to reduce the unit count and change the mix of housing types, and a preliminary subdivision to create 264 lots and 7 outlots for 363 dwelling units upon approximately 115 acres located south of Yankee Doodle Road and west of Wescott Woodlands. City Planner Ridley gave a staff report. Public Works Director Colbert discussed the traffic study and proposed road system impact to County Roads. He noted that the County Plat Commission had not yet commented on the traffic study. Joe Jablonski, US Home Corporation / Lennar, discussed the proposed subdivision, noting the changes made from the previous application submitted by Wensmann. City Attorney Dougherty addressed the previous approval of the preliminary planned development and the settlement agreement from 2008. Councilmembers discussed the proposed streets and the vacation of right -of -way (Westcott Woodlands Drive), and public access to open space. Five residents of the subject area commented on the right -of -way vacation, traffic concerns, the need for a park and more open space. Parks and Recreation Director Sydell- Johnson discussed the Advisory Parks and Recreation Commission's recommendations for the proposed development. Mr. Jablonski addressed the issues raised by the residents in regard to the street connections 2 City Council Minutes March 16, 2010 Page 4 Y Councilmembers discussed with Mr. Jablonski, the possibility of increased open space and dedication of a conservation easement around the exterior of the development, options for public access to the open space, and discussions regarding the possibility of the City acquiring the land for the approved senior housing. Mr. Jablonski indicated that he would be willing to dedicate the open space around the exterior of the development. After further discussion, it was determined that the perimeter open space would remain in the ownership of the Home Owners Association but public access to the area would be expanded to include the entire area, including the trail. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to amend the Preliminary Planned Development to reduce the unit count and change the mix of housing types upon approximately 115 acres located south of Yankee Doodle Road and west of Wescott Woodlands, subject to the following conditions: #35 and 77 (p.104) to be amended: Aye: 4 Nay: 1 Bakken opposed. 1. The property shall be subdivided and platted prior to Final Planned Development approval. 2. This PD Amendment is for the creation of 264 lots and 7 outlots for 362 dwelling units consisting of a mix of 63 85' -foot single - family lots, 95 65 -foot single - family lots, 40 twinhome units, 65 townhome units and a future multiple - dwelling senior building of up to 100 units. 3. The developer shall execute a Preliminary Planned Development Agreement which includes the following plans. • Site Plan • Building Elevations • Site Lighting Plan • Landscaping Plan • Signage Plan • Off Street Parking Plan • Open Space and Maintenance Plan • Utility Plans (water, sewer and storm) 4. The Preliminary Planned Development Agreement shall be recorded against the property at the Dakota County Recorder's office within 60 days of City Council approval. 5. A Final Planned Development Agreement shall be executed for each phase of the development prior to issuance of a building permit for the phase. The following plans are necessary for each Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Site Lighting Plan • Final Landscaping Plan • Final Signage Plan • Final Off Street Parking Plan • Open Space and Maintenance Plan • Utility Plans (water, sewer and storm) 6. A homeowner's association shall be established for this development. All common property and open space in conservation easements shall be conveyed to and maintained by the homeowner's association, as well as the private streets, the townhome lots and any monument signs or other common amenities. All common lots shall be deeded to the homeowner's association. All association documents shall be in a form acceptable to the city attorney. 7. Sound attenuation construction standards sufficient to achieve an interior sound level of 45 dBA shall be employed for buildings within the one -mile buffer area of the 60 dB contour. 8. All single - family lots shall have a minimum street frontage of 50 feet. 9. 85' wide single - family lots shall satisfy minimum R -1 zoning standards for lot dimensions and area. 10. 65' wide single - family lots shall satisfy minimum R -1 S zoning standards for lot dimensions and area. VA City Council Minutes March 16, 2010 Page 5 11. In consideration of common open space provided within the development, a deviation in the minimum lot size and dimensions for twinhomes lots is permitted per the Preliminary Plat dated January 20, 2010, last revised February 3, 2010. 12. Structure setbacks shall be consistent with those outlined in the City's zoning Ordinance for the corresponding type of housing as follows: 85' single - family (R -1 district), 65' single - family (R -1S district); Twinhomes (R -2 District). 13. Minimum structure setbacks from Duckwood Drive shall be 40 feet. 14. Townhome setbacks shall be as follows: a. 50' from Yankee Doodle Road b. 30' from Station Trail c. 30' from the perimeter of the site d. 20' between buildings 15. Building coverage shall not exceed 20% for each 85' wide single - family lot, and 25% for each twinhome and 65' wide single - family lot. The townhome units shall be entirely located within each unit's lot boundaries. 16. Building coverage for the future multiple family senior building shall not exceed 20 %. 17. Building heights shall not exceed 35 feet. 18. The future multiple family senior building may exceed 35 feet if the required additional setbacks are provided in accordance with the R -4 zoning district standards (an additional 3' for each 1' of building height over 35). 19. Each dwelling unit shall provide a minimum two -stall garage. 20. The private drives within the townhome portion of the development shall be signed "no parking" along both sides. 21. Parking lot and pavement setbacks for the future multiple - family senior building shall be a minimum of 20 feet from a public right -of -way to provide sufficient room for berming, screening, buffering and snow storage. 22. Building elevation plans shall be provided with the Final Planned Development for each phase of the development. Such plans shall include specific architectural controls (i.e. design elements, building materials, etc.) that are consistent with the City's zoning ordinance, where applicable. 21 This development shall comply with the provisions outlined in Section 11.70, Subdivision 21 of the City Code pertaining to site lighting, trash storage, walkways, interior storage space, etc. Detailed plans identified in Condition 4 demonstrating compliance shall be provided at the time of Final Planned Development. 24. Ownership and maintenance of the swimming pool and community building on Lot 1, Block 15, shall be the responsibility of the homeowner's association. 25. Prior to Final Planned Development approval, the developer shall provide detailed plans for the community building including building elevations and materials, as well as the size and location of the swimming pool. 26. The applicant shall submit a proposal /infrastructure plan to be approved by staff to provide telecommunications fiber to the home (FTTH) or conduit to all homesites to permit third party providers to install FTTH within the neighborhood. 27. A detailed Landscape Plan, consistent with the design standards and specifications in the City's landscape ordinance (Section 11.70, Subdivision 12) shall be provided with the Preliminary Subdivision and Final Planned Development. 28. Consistent landscape design elements shall be incorporated throughout the site to provide visual connections between the various parts of this planned development. 29. Berming and landscaping shall be provided along Yankee Doodle Road to provide a buffer between the buildings and this principal arterial. 30. The Landscape Plan shall address screening /buffering on the north end of the west side of the development and the Carriage Hills condominium and shall include berms and plantings as necessary. 31. Prior to Final Planned Development approval, the applicant shall verify that the placement of landscaping does not interfere or conflict with utilities. on City Council Minutes March 16, 2010 Page 6 t�- i. k k T 32. In accordance with Section 11,70, Subd. 12 -B -3 of the City Code, a financial guarantee for the landscaping shall be submitted with the Final Subdivision for each phase of the development. The guarantee shall cover two calendar years following satisfactory completion and shall be released only upon inspection and written notice of conformance by the city. For any landscaping that is unacceptable, the applicant shall replace the material to the satisfaction of the city before the guarantee is released. Where this is not done, the city, at its sole discretion, may use the proceeds of the performance guarantee to accomplish performance. 33. Prior to final subdivision approval, detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes. 34. Prior to any grading of the Property, erosion control measures shall be installed and maintained in accordance with City code, City engineering standards, and MN Pollution Control permit regulations. 35. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has current University of Minnesota Erosion/ Sediment Control Design training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 36. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/ Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 37. The use of flagmen will be reviewed when the Development Agreement is prepared, and their use will be implemented by the Developer as determined to be necessary by the City. 38. Storm water management systems for this development shall be constructed in accordance with the City Storm Water Management Plan (Dec. 2005), the City Water Quality Plan, and City engineering standards. 39. In accordance with Eagan City Code §11.67 Subd. 4. B., the applicant shall have all wetlands fully or partially located on the site delineated by a Certified Wetland Delineator utilizing approved methods as stated in Minn. Rules Ch. 8420 and shall have all existing wetlands assessed utilizing the Minnesota Routine Assessment Method (Version 3.0 or later version). The delineation shall be completed prior to Preliminary Subdivision. 40. Any and all wetland delineations shall be conducted during the growing season (i.e., typically between April 15 and October 15) and shall be submitted to the City for review and approval. 41. Any proposals to impact any of the wetlands on the site by draining, filling, or excavating shall comply with Minn. Rules Ch. 8420 and shall be in accordance specifically with Eagan City Code §11.67 Subd. 5., Wetland Sequencing and Replacement Requirements and Eagan City Code §11.67 Subd. 11., Wetland Submittal Requirements. 42. All of the wetlands on the site shall have Wetland Buffers in accordance with Eagan City Code §11.67 Subd. 6. 43. All of the Wetland Buffers on the site shall satisfy Wetland Buffer Vegetative Requirements in accordance with Eagan City Code §11.67 Subd. 7. 44. All of the Wetland Buffers on the site shall be protected in accordance with Eagan City Code §11.67 Subd. 8. 45. All of the Wetland Buffers on the site shall have markers in accordance with Eagan City Code §11.67 Subd. 9. 46. The development of the site shall have wetland setbacks in accordance with Eagan City Code §11.67 Subd. 10. 47. This development may be subject to cash dedications in lieu of the above wetland requirements, at the City's discretion. 48. There shall be no -net increase, compared to existing conditions, in the amount of Total Phosphorus (TP) and Total Suspended Solids (TSS) leaving the site or 50 percent TP and 80 percent TSS must be removed from stormwater runoff, whichever is more restrictive. 49. The first one -half inch of stormwater runoff from any rainfall event shall be infiltrated or retained entirely on the site. �r City Council Minutes March 16, 2010 Page 7 6�*Z_ 50. This development may be subject to cash dedications in lieu of the above water quality requirements, at the City's discretion. 51. In accordance with the City's Tree Preservation Ordinance, Eagan City Code Section 11. 10, Subd. 15.1, the applicant shall prepare and submit a Tree Preservation Plan with the Preliminary Subdivision application that: a) identifies all significant vegetation located on the application site, b) delineates limits of land disturbance and tallies significant vegetation proposed to removed, c) provides for any required tree mitigation, and d) indicates measures to protect significant vegetation intended to be preserved. 52. The applicant shall continue to work with city staff to identify additional opportunities for preservation during the development and construction process. 53. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be required to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved. 54. The applicant shall contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 55. Restricted access should be provided along the entire development adjacent to Yankee Doodle Road. 56. All public and private streets within the development shall be constructed in accordance with City Code, with vehicle turnarounds to City and fire code requirements. 57. Continuous trails or sidewalks shall be provided between proposed Duckwood Drive and Yankee Doodle Road, to increase pedestrian circulation and connectivity. 58. All trails within the development shall be constructed in accordance with City engineering standards for width, structural dimension, and right -of -way dedication. 59. All concrete sidewalks within public right -of -way shall be a minimum of six feet (6') in width. 60. Direct driveway access to Duckwood Drive shall be prohibited. 61. Restricted access, in favor of Dakota County, shall be dedicated along the entire development's frontage along Yankee Doodle Road. 62. The developer shall dedicate restricted access, in favor of the City, along the entire length of Duckwood Drive, and Wescott Woodlands, within the development, in a form acceptable to the City Attorney. 63. A sanitary sewer system to serve the development shall be constructed in accordance with the City Comprehensive Sanitary Sewer Plan, and City engineering standards. 64. If sanitary sewer lift stations are required to utilize the capacity of all trunk sanitary sewer districts, to adequately serve the development, the stations shall be installed at the developer's expense. 65. This development shall be responsible for the removal and abandonment of all septic systems and wells, in accordance with City and County requirements. 66. Lateral water mains to serve the development for fire and domestic uses shall be constructed in accordance with the City Water Supply & Distribution Plan, and City engineering standards. 67. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage requirements. 68. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 69. If any improvements are to be installed under a City contract, the appropriate project shall be approved by Council action prior to final plat approval. 70. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. 71. The development shall dedicate conservation easements to the City, in a form acceptable to the City Attorney, over those portions of the site that comprise the 30 acres of open space. These areas shall l� City Council Minutes March 16, 2010 Page 8 be shown and identified as Conservation Easement Area on the Final Site Plan prior to Final Planned Development approval. 72. The development shall provide connections to the existing off -site Eagan trail system and access points at the perimeter of the development to primary off -site amenities. Connections points include the east and west end of Duckwood and Wescott Hills Drive to Yankee Doodle. Off -site amenities include Mueller Farm Park, O'Leary Park and Woodland Elementary School. 73. This development shall fulfill the Park Dedication requirement through the designation of a proposed 35.76 acres of open space /natural area to be owned and managed as open space /natural area by the Homeowners Association. 74. A looping trail shall be installed through the open space with multiple points of access for residents and the public, possibly including benches and other furnishings, ownership and maintenance to be determined. 75. Trail dedication shall be satisfied through a combination of on -site trails, exclusive of sidewalks, and /or a cash payment consistent with the Eagan fee schedule, to be paid at the time of final plat at the rates then in effect. 76. The developer shall provide an agreement, in a form acceptable to the city attorney, to allow the public full access to those portions of the proposed open space on the perimeter of the single family and townhome development and to those portions of the proposed on -site trail system, constructed by the Developer to City standards, that are determined by the City to have public value. The provision of trail amenities may also be addressed in the agreement. 77. This development shall provide a maintenance plan, in a form acceptable to the City Attorney, for the open space that includes regular eradication of invasive and non- native species, enhancement of planted areas as appropriate, and routine maintenance including trash removal. 78. This development shall install "tot -lots" that include play structures in the townhome area. Such tot lots shall be maintained by the Homeowner's Association. 79. A Construction traffic and roadway maintenance plan shall be submitted and approved by the City. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision to create 264 lots and 7 outlots for 363 dwelling units upon approximately 115 acres located south of Yankee Doodle Road and west of Wescott Woodlands, subject to the following conditions: Aye: 4 Nay: 1 Bakken opposed. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, B2, B3, B4, C1, C2, C3, D1, and E1 2. The property shall be platted. 3. A homeowner's association shall be established for this development. All common property and open space in conservation easements shall be conveyed to and maintained by the homeowner's association, as well as the private streets, the townhome lots and any monument signs or other common amenities. All common lots shall be deeded to the homeowner's association. All association documents shall be in a form acceptable to the city attorney. 4. The 2008 Preliminary PD Agreement required that buildings in this development utilize sound attenuation construction standards sufficient to achieve an interior sound level of 45 dBA. 5. All single - family lots shall have a minimum street frontage of 50 feet. 6. Prior to Final Planned Development, the applicant shall verify that the placement of landscaping does not interfere or conflict with utilities. 7. In accordance with Section 11.70, Subd. 12 -13-3 of the City Code, a financial guarantee for the landscaping shall be submitted with the Final Subdivision for each phase of the development. The guarantee shall cover two calendar years following satisfactory completion and shall be released only upon inspection and written notice of conformance by the city. For any landscaping that is unacceptable, the applicant shall replace the material to the satisfaction of the city before the guarantee is released. Where this is not done, the city, at its sole discretion, may use the proceeds of the performance guarantee to accomplish performance. City Council Minutes March 16, 2010 Page 9 8. The applicant shall submit a proposal /infrastructure plan to be approved by staff to provide telecommunications fiber to the home (FTTH) or conduit to all homesites to permit third party providers to install FTTH within the neighborhood. 9. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to final subdivision approval. 10. All erosion/ sediment control plans submitted for development and grading permits should be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 11. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion /Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 12. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 13. This development shall be responsible for the construction of outlet pipes, with allowable storm water discharges for the storm water basins, in accordance with the City's current Storm Water Management Plan. 14. Restricted access should be provided along the entire development adjacent to Yankee Doodle Road. 15. All public and private streets within the development shall be constructed in accordance with City Code, with vehicle turnarounds to City and fire code requirements. 16. Continuous trails or sidewalks shall be provided between proposed Duckwood Drive and Yankee Doodle Road, to increase pedestrian circulation and connectivity. 17. All trails within the development shall be constructed in accordance with City engineering standards for width, structural dimension, and right -of -way dedication. 18. All concrete sidewalk proposed within public right -of -way shall be a minimum of six (6) feet in width. 19. This development shall be responsible for abandonment of the on -site well system, in accordance with City and County requirements. 20. Restricted access, in favor of Dakota County, shall be dedicated along the entire development's frontage along Yankee Doodle Road. 21. The developer shall dedicate restricted access, in favor of the City, shall be dedicated along the entire development's frontage along Duckwood Drive and Wescott Woodlands, within the development, in a form acceptable to the City Attorney. 22. Public right -of -way along Yankee Doodle Road shall be dedicated in accordance with Dakota County requirements. 23. The applicant shall provide the following additional information: a. For modeling scenarios, using average annual precipitation based on the recent 10 -year historical amounts (i.e., 1990 -2008) versus the amounts over 50 years (i.e., approximately 1959 - 2009). b. Construction details of proposed infiltration basins for City review, specifically information on sub- soil work (ripping depth, etc.) to ensure infiltration basins function as intended. c. Soil- boring information below each of the proposed infiltration basin areas (matched up with proposed grades), to ensure that the infiltration basins could perform as intended. Even though the general USDA soils map shows most of the proposed infiltration areas with high likelihood of having "sandy loam" to at least the 60" below grade, there may have been substantial grading and alterations to the soil profile over the course of the golf course operation that have affected these conditions. 24. In accordance with the City's Tree Preservation Ordinance, Eagan City Code Section 11.10, Subd. 15. 1, the applicant shall prepare and submit a Tree Preservation Plan with the Preliminary Subdivision application that: a) identifies all significant vegetation located on the application site, b) delineates limits of land disturbance and tallies significant vegetation proposed to removed, c) provides for any required tree mitigation, and d) indicates measures to protect significant vegetation intended to be preserved. fa City Council Minutes March 16, 2010 Page 10 e � 25. The applicant shall continue to work with city staff to identify additional opportunities for preservation during the development and construction process. 26. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be required to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved. 27. The applicant shall contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 28. The applicant shall protect the preserved tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved on -site. 29. The applicant shall contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 30. The applicant shall consider the additional preservation of specimen and other large diameter trees via the field review of specific tree location and proposed grading activities. 31. This proposal shall fulfill the Park Dedication requirement through the designation of a proposed 35.76 acres of open space /natural area to be owned and managed as open space /natural area by the Homeowners Association. 32. The development shall provide connections to the existing off -site Eagan trail system and access points at the perimeter of the development to primary off -site amenities. Connections points include the east and west end of Duckwood and Wescott Hills Drive to Yankee Doodle. Off -site amenities include Mueller Farm Park, O'Leary Park and Woodland Elementary School. 33. A looping trail shall be installed through the open space with multiple points of access for residents and the public, possibly including benches and other furnishings, ownership and maintenance to be determined. 34. Trail dedication shall be satisfied through a combination of on -site trails, exclusive of sidewalks, and /or a cash payment consistent with the Eagan fee schedule, to be paid at the time of final plat at the rates then in effect. 35. The developer shall provide an agreement, in a form acceptable to the city attorney, to allow the public full access to those portions of the proposed open space on the perimeter of the single family and townhome development and to those portions of the proposed on -site trail system, constructed by the Developer to City standards, that are determined by the City to have public value. The provision of trail amenities may also be addressed in the agreement. 36. This development shall provide a maintenance plan, in a form acceptable to the City Attorney, for the open space that includes regular eradication of invasive and non - native species, enhancement of planted areas as appropriate, and routine maintenance including trash removal. 37. This development shall install "tot -lots" that include play structures in the townhome area. Such tot lots shall be maintained by the Homeowner's Association. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING AND PLANNED DEVELOPMENT AMENDMENT — CITY OF EAGAN City Administrator Hedges introduced this item regarding a Comprehensive Land Use Plan Amendment to change the land use designation from SA (Special Area) to QP (Quasi Public), to allow for a Fire Safety Center for property located at 1001 Station Trail. City Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Fields seconded a motion to direct staff to submit to the Metropolitan Council a Comprehensive Land Use Plan Amendment to change the land use designation City Council Minutes March 16, 2010 Page l 1 from SA (Special Area), to QP (Quasi Public), to allow for a Fire Safety Center for property located at 1001 Station Trail, legally described as Lot 1, Block 1, Eagan Fire Station No. 2. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to authorize issuing a footing and foundation permit to allow for a Fire Safety Center for property located at 1001 Station Trail, legally described as Lot 1, Block 1, Eagan Fire Station No. 2. IMPLEMENTATION OF A POLICY TO WAIVE CITY RIGHT OF WAY FEES FOR APPICANTS DEPLOYING DIRECTLY TO MORE THAN 100 EAGAN HOMES OR BUSINESSES City Administrator Hedges introduced this item regarding broadband goals by encouraging fiber optic deployment directly to premises by waiving City Right of Way fees. Communications Director Garrison gave a brief overview of the proposed policy. Councilmember Hansen moved, Councilmember Tilley seconded a motion to direct staff to implement a policy in furtherance of its adopted broadband goals by encouraging fiber optic deployment directly to premises by waiving City Right of Way fees for applicants reaching more than 100 homes or businesses. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a City Council resolution in support of Eagan's applications to the Google Fiber for Communities program. Aye:5 Nay:0 The regular City Council meeting as recessed at 10:45 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 10:50 p.m. ADMINISTRATIVE AGENDA Direction was given in regard to signage on Blackhawk Road cautioning the traveling public about road conditions and informing them of the planned reconstruction project this summer. 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 11:00 p.m. Aye: 5 Nay: 0 Date l4� Administrative Secretary / Deputy Clerk MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, MARCH 9, 2010 5:30 P.M. EAGAN ROOM — EAGAN MUNICIPAL CAMPUS City Council members present: Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Parks and Recreation Director Johnson, City Planner Ridley, Public Works Director Colbert, City Engineer Matthys, Communications Director Garrison, Planner Dudziak, and Planner Thomas. I. ROLL CALL AND AGENDA ADOPTION Mayor Maguire called the meeting to order. City Administrator Hedges requested that two items be added to Other Business -1.) Request the Finance Committee's review of the Fire Safety Campus financing; and, 2.) Discuss April Special City Council meeting dates. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve the agenda as amended. Aye: 3; Nay: 0 (Councilmember Fields and Tilley not yet present.) II. VISITORS TO BE HEARD There were no visitors to be heard. III. RETAIL DEVELOPMENT AND MARKET PRESENTATION Mayor Maguire welcomed members of the Advisory Planning Commission (APC). Hedges noted that it is the goal of the City Council to meet with each of their Advisory Commissions at least one time each year. Steven Chavez, Chair of the APC, introduced Peter Dugan, who is a member of the APC as well as a Retail Services Broker with CB Richard Ellis. Mr. Dugan provided a presentation to the City Council and Planning Commission on retail trends that could impact the City's economic development, including redevelopment in the Cedar Grove Redevelopment Area. Councilmember Fields arrived at 5:45 p.m. The City Council and Planning Commission discussed retail trends and their affects on the Eagan market. Mayor Maguire thanked Mr. Dugan for his presentation. l�' Special City Council Minutes March 9, 2010 Page 2 IV. REGIONAL ROADWAY VISIONING STUDY — UPDATE City Administrator Hedges introduced the item noting that in 2006 -2007, the cities of Eagan and Inver Grove Heights, along with Dakota County completed a joint "North -South Corridor Travel Demand Study" to perform a preliminary analysis for a variety of roadway options in the north- central portion of Dakota County. Hedges added that the next phase (Regional Roadway System Vision Study — RRSVS) evaluates the travel demand impact on existing area roadway for 20 years, plus ultimate full build out. Public Works Director Colbert provided a presentation on the RRSVS. The City Council and staff discussed the study. Director Colbert also noted that Eagan has been contacted by staff from the City of Mendota Heights, who is requesting a meeting between Eagan and Mendota Heights City Council representatives to discuss Mendota Heights' opposition to the study and its potential impact to their community. There was City Council consensus to decline a meeting at this time with the City of Mendota Heights and, rather, schedule such a meeting upon completion of the Regional Roadway Visioning Study so that both cities have the benefit of the findings from the study. V. CONTRACT 09 -18, DUCKWOOD DRIVE OVERPASS /FEDERAL DRIVE BRIDGE /STREET IMPROVEMENTS City Administrator Hedges introduced the item noting that the City's Comprehensive Transportation Plan includes the development of a "Ring Road" circulator around the intersections of Pilot Knob Road, Yankee Doodle Road and I -35E. Hedges added that the City has been coordinating the development and improvement of related infrastructure to accommodate this transportation element for the past 15 years. It was also noted that the Northwood Parkway Overpass component of the Ring Road was completed in October 2008, and the last remaining component is the Duckwood Drive extension with a similar overpass of I -35E. Public Works Director Colbert introduced City Engineer Matthys, who provided a presentation to the Council on the proposed Duckwood Drive improvements and related financing opportunities to be used to complete the Duckwood Drive Overpass. Councilmember Tilley arrived at 7:05 p.m. The City Council discussed the proposed improvements and provided direction to add the Duckwood Drive Overpass to the 2011 -2015 CIP to help facilitate the pursuit of MnDOT plan approval and federal stimulus funding. The City Council recessed at 7:34 p.m. The City Council reconvened at 7:43 p.m. 1Le Special City Council Minutes March 9, 2010 Page 3 VI. DRAFT ORDINANCE AMENDMENT REGARDING SELF SERVICE FOR TOBACCO SALES City Administrator Hedges introduced the item noting that at the February 1, 2010 Listening Session, the City Council directed staff to survey neighboring cities and prepare a draft ordinance amendment that would allow self service of tobacco products in establishments that do not permit anyone under 18 years to enter. The City Council discussed the research done by staff and the City Attorney's office and voiced their consensus to proceeding with an ordinance amendment, stating that with respect to self service merchandising, the retailer must: 1) derive at least 90 percent of its revenue from tobacco or tobacco products; and 2) prohibit any person under 18 years of age from entering the store at any time. The City Council provided direction to staff to prepare an ordinance amendment for formal City Council consideration at an upcoming regular City Council meeting. VII. OTHER BUSINESS The City Council directed that a Finance Committee meeting be held with the purpose of reviewing financing for the Fire Safety Campus. The City Council discussed Special Council meeting dates during the month of April. There was consensus to cancel the April 13, 2010 meeting and schedule April 27, 2010 as a Special City Council meeting for the purpose of interviewing Advisory Commission applicants, with Monday, April 26, as a backup date should two evening be necessary to conduct the interviews. City Administrator Hedges noted that the April meeting dates would be included on the March 16 Consent Agenda for formal consideration. VIII. ADJOURNMENT Councilmember Bakken moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:08 p.m. 17 Agenda Information Memo April 6, 2010 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Recognize the resignation of Jake Nicklay, Budget Accountant /Analyst Item 2. ACTION TO BE CONSIDERED: Approve the hiring of Courtney Seaberg, Human Resources Specialist FACTS: • This action replaces the former HR Specialist, who retired. Agenda Information Memo April 6, 2010 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated March 18, 2010 and March 25, 2010 as presented. ATTACHMENTS: Check registers dated March 18, 2010 and March 25, 2010 are enclosed without page number. /9 Agenda Information Memo April 6"', 2010 Eagan City Council Meeting D. DECLARE 1978 FIRE ENGINE SURPLUS AND AUTHORIZE ITS SALE ACTION TO BE CONSIDERED: Declare 1978 Fire Engine surplus and authorize its sale. FACTS: • Unit 1213 is a 1978 fire engine that has been in service with the City of Eagan since 1979. • The truck has several mechanical repairs that are required to keep the truck operational. • The repairs would come close to exceeding the estimated current value of the truck. • Unit 1213 is designated to be replaced with 2010 fire apparatus CIP replacement funds. • The replacement truck will be assigned to the new station two and will not be needed until the spring of 2011. • Due to the amount of repairs needed for this truck, Staff is recommending that the truck be declared surplus now. • Staff will advertise the truck for sale by sealed bids through the League of Minnesota Cities and other free fire apparatus sites. • Due to the age of the apparatus, its current condition and limit water tank (this truck has a 500 gallon water tank, most rural departments want at least 1,000 gallons of water) Staff is recommending a minimum bid amount of $2,000. ATTACHMENTS: None �a& Agenda Information Memo April 6th, 2010 Eagan City Council Meeting E. AUTHORIZE DONATION OF USED FIRE TURNOUT GEAR TO SCHOOL DISTRICT 196. ACTION TO BE CONSIDERED: Authorize donation of used fire turnout gear to School District 196. FACTS: • The Eagan Fire Department has used fire turnout gear that is no longer suitable for interior firefighting. • The gear includes turnout pants, coats and helmets from the 1990's. • Typically this gear is disposed of due to its age and condition. • School District 196 has a Public Safety course for juniors and seniors from throughout the District. • The course allows students to learn more about, police, fire and EMS careers. The students do not do any actual firefighting in the course. • The program is in need of used turnout gear for student use in non - firefighting conditions. • Eagan Fire has successfully recruited past members of School District 196's Public Safety program • The City Attorney has prepared a contract between the City of Eagan and School District 196 outlining the conditions of the donation. ATTACHMENTS: Letter from School District 196 on page Qa Contract prepared by City Attorney on pages 06 t 6-1 March 16, 2010 Mike Scott City of Eagan Fire Chief (651) 675 -5901- Office 3795 Pilot Knob Road Eagan, MN 55122 Re: Old bunker gear �0�96��EN G E NCY SF9` /Fl` s I am the teacher of a high school vocational program for juniors and seniors exploring EMS, law enforcement and firefighting at Rosemount High School which is attended by students from Eagan, Eastview, Apple Valley and Rosemount High Schools. My enrollment has grown to over 97 students and I am writing to ask if you have old turnout gear that you need to get rid of. The students wear full gear during scenarios, hose handling drills, laddering, confined space drills etc. etc. We do not do interior fire training so the gear can be the old expired gear that is past the ten year mark. I would be happy to help you make some space in your storage area. Thank you for your time Leigh Anderson ISD 196 Emergency Services 3335 142nd St. Rosemount, MN 55068 Cell 651- 303 -9158 AGREEMENT This Agreement is made and entered into by and between the City of Eagan, a Minnesota municipal corporation (the "City ") and Independent School District No. 196, a body politic and corporate ( "ISD 196 "). The City and ISD 196 hereby agree as follows: 1. The City has outdated fire equipment and clothing consisting of pants, coats and helmets for fire fighters listed on Exhibit "A " (the "Items "). 2. The City has determined that the Items are no longer suitable for fire fighting. 3. ISD 196 is able to make use of the Items for educational purposes without any activity involving fire fighting. 4. ISD 196 will not use nor permit the use of the Items for fire fighting activities. 5. ISD 196 will destroy the Items when it has determined that the Items are no longer useful for educational purposes. 6. ISD 196 hereby holds the City harmless from any and all liability for the use or storage of the Items and takes the Items "as -is." 7. This Agreement is made pursuant to Minn. Stat. §471.64 which allows the City and ISD 196 to enter into a contract for the acquisition or disposition of the Items. Dated: , 2010 CITY OF EAGAN, a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Maria Petersen Its: City Clerk Dated: , 2010 INDEPENDENT SCHOOL DISTRICT NO. 196, a Minnesota body corporate and politic By: Its: Chair By: Its: Secretary a3 Agenda Memo City Council Meeting April 6, 2010 CONSENT AGENDA: F. Tree Maintenance Contractor Licenses for Castle Rock Tree Service, LLC, and Midwest Tree Care ACTION TO BE CONSIDERED: Approve Tree Maintenance Contractor Licenses for Castle Rock Tree Service, LLC, 4455 2801n St. W, Castle Rock, and Midwest Tree Care, 3725 120`x' Avenue, Bowlus, MN FACTS: Castle Rock Tree Service and Midwest Tree Care have applied for Tree Maintenance Contractor licenses for 2010 and all requirements of the applications have been met and the fees have been paid. Staff recommends approval of both applications. ATTACHMENTS: None. The applications are available for review in the Administration Department. aL� Agenda Information Memo April 6, 2010, Eagan Special City Council Meeting G. APPROVE TEMPORARY ON -SALE LIQUOR LICENSE AND WAIVE LICENSE FEE FOR TRINITY SCHOOL AT RIVER RIDGE FOR A SPRING GALA EVENT ON APRIL 17, 2010 ACTION TO BE CONSIDERED: To approve the temporary on -sale liquor license and waive the license fee for Trinity School at River Ridge for a spring gala event on April 17, 2010. FACTS: ➢ Trinity School has requested a temporary on -sale liquor license be issued to them for their spring gala event planned for April 17, 2010. Trinity School has also requested that the $150.00 license fee be waived since they are a non - profit school. ➢ The application form was reviewed and deemed in order by staff. Following Council approval, the application will be forwarded to the Department of Public Safety /Liquor Control Division for their approval. ATTACHMENTS (1): ➢ Letter and security plan enclosed on pages Q�0_ througha7 CPS Ara,)) N�-, TRINITY SCHOOL at River Rim VERrINi e BONUM • PULCFIRUivf March 12, 2010 Ms. Maria Petersen City Clerk, City of Eagan 3830 Pilot Knob Road Eagan, MN 55121 Dear Ms. Petersen, Trinity School at River Ridge is applying for a Temporary On -Sale Liquor License for our Spring Gala on April 17, 2010. This document serves to provide the City of Eagan the necessary information about our event so that the City Council will approve our license at the next City Council meeting. 1. The Minnesota Department of Public Safety application and permit for temporary on -sale liquor license is enclosed in this packet. 2. .I am enclosing a copy of The Certificate of Liability Insurance from the Gibson Insurance Company. Our insurance meets or exceeds your requirements. 3. The Spring Gala will be held on Saturday, April 17, 2010, at Trinity School at River Ridge, 601 River Ridge Parkway, Eagan, Minnesota, 55121. The event will be held indoors within the school premises, and entrance into the Spring Gala will be through our east door, the "Event Entrance." 4. a. We have hired two security personnel for the event who will enforce alcohol beverage sale and consumption laws, crowd control and public safety. b. The beverage servers will require that any person desiring to purchase or be served liquor must show a valid photograph identification which will be checked to insure the person is 21 or older. When the age of the person is verified, he /she will be issued a wristband which he /she will wear throughout the Spring Gala. _ No alcohol will be served to a guest who does not have a wristband. 5. No one selling alcohol shall be intoxicated or consume alcoholic beverages during their work shift. 6. Trinity School will post signs at the entrance notifying the public that sales to and consumption of alcoholic beverages by persons under the age of 21 or to persons intoxicated is prohibited. 7. The alcoholic beverages will be available for sale or consumption from 5 — 11 p.m. on Saturday, April 17, 2010. 8. Trinity School will designate an on -site manager in compliance with the City of Eagan's requirement. a10 601 River Ridge Parkway • Eagan, MN 55121 -2499 • Phone 651 -789 -2890 • Fax 651- 789 -2891 www.tsrr.org A 2008 NCLB Blue Ribbon School 20012 uH IV 'TOOHOS AUINIHI T69Z 69L T99 XVH 99:9T OTOZ /ZT /EO Trinity School at River Ridge requests that the City Council of Eagan wave the $150 fee since we are a non - profit school organizing this event as our Spring Gala Fundraising Dinner. If you have any additional questions, please contact me at the phone number below. Other Trinity School employees involved in the planning of the Spring Gala include Peg Louiselle and Steve Hendrickson. Sincerely, oRQcltede G°lattet Public Relations & Development Tiinity School at River Ridge 601 River Ridge Parkway Eagan; MN 55121 rplatter@trinityschools. org 651- 789 -2890, ext. 222 Fax: 651- 789 -2891 Cell: 612- 889 -0744 WA £00 in HH IV 100HOS UIUIHI T68Z 69L T99 Xvd SS :9T OTOZ /ZT /£0 Agenda Information Memo April 6, 2010, Eagan City Council Meeting H. APPROVE CHANGE IN MANAGEMENT ON THE ON -SALE LIQUOR LICENSE AT JOE SENSER'S OF EAGAN, INC., DBA JOE SENSER'S SPORTS GRILL & BAR LOCATED AT 3010 EAGANDALE PLACE ACTION TO BE CONSIDERED: To approve a change in management on the on -sale liquor license at Joe Senser's of Eagan, Inc., dba Joe Senser's Sports Grill & Bar. FACTS: ➢ A change in management has occurred at the above referenced location. The new manager of Joe Senser's, Mistina Dahl, has completed the necessary forms and paid the appropriate investigation fee. ➢ The Eagan Police Department has conducted an investigation of the new manager and finds no reason for denial. ATTACHMENTS (0): f r Agenda Information Memo April 6, 2010, Eagan City Council Meeting I. APPROVE NORTHERN CAPITAL INSURANCE GROUP AS THE CITY'S PROPERTY /CASUALTY INSURANCE BROKER ACTION TO BE CONSIDERED: To accept a proposal from Northern Capital Insurance Group for insurance broker services, subject to the execution of a signed agreement between the City of Eagan and Northern Capital. FACTS: ➢ The City contracts for a variety of services typically for a term of three to five years. One of the areas slated for review this year was insurance broker services. The last review was conducted in late 2005. ➢ At the February 16, 2010 City Council meeting, the Council authorized the issuance of Request for Proposals for insurance broker services and also authorized the advertisement for bids. ➢ A legal notice soliciting bids for insurance broker services was placed in the Thisweek Newspaper on February 26. Copies of the RFP were provided to three vendors and three responses to the RFP were received by the deadline of March 12. The three companies supplying bids were Arthur J. Gallagher & Co., Bearence Management Group and Northern Capital Insurance Group. Arthur J. Gallagher & Co. is the City's current insurance broker and has been for a number of years. ➢ Interviews of the three firms were held on March 24. Staff participating in the interview process included Director of Administrative Services Gene VanOverbeke, Assistant to the City Administrator Dianne Miller and City Clerk/Administrative Services Coordinator Maria Petersen. Based on a thorough analysis of the bids and discussion with the three firms, staff is recommending that the proposal of Northern Capital Insurance Group be accepted. ➢ The services being offered by Northern Capital will range from claims analysis and loss control coordination, identifying risk exposures and developing strategies to address such exposures, assisting the City with the annual LMCIT renewal process, reviewing LMCIT insurance policies to ensure completeness and accuracy, issuing certificates of insurance as requested and introducing coverage options and making recommendations as needed. ➢ Northern Capital's fee per year for a three -year period is $10,500. A.J. Gallagher's annual fee was $13,000 and Bearence's annual fee was $15,000 for the first year with slight increases for each subsequent year of the three -year period. ➢ Due to the length of the proposals, they are not being included with the agenda packet. If any member of the City Council would like to review the proposals, please contact the City Administrator's office. ATTACHMENTS (0): Agenda Information Memo April 6, 2010, Eagan City Council Meeting J. SET PUBLIC HEARING DATE FOR MAY 4, 2010 TO CERTIFY DELINQUENT FALSE ALARM BILLS ACTION TO BE CONSIDERED: To set a public hearing for May 4, 2010 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. FACTS: ➢ On a semi - annual basis, the City reviews and considers delinquent false alarm balances for certification to property tax statements for collection. r The City currently has seven delinquent accounts in the amount of $990. Additional information will be provided at the time of the public hearing. ATTACHMENTS (0): 9 Agenda Information Memo April 6, 2010, Eagan City Council Meeting K. SET PUBLIC HEARING DATE FOR MAY 4, 2010 TO CERTIFY DELINQUENT WEED CUTTING BILLS ACTION TO BE CONSIDERED: To set a public hearing for May 4, 2010 to consider the final assessment of the delinquent weed cutting bills and certify them to Dakota County for collection with property taxes. FACTS: ➢ On a semi - annual basis, the City reviews and considers delinquent weed cutting balances for certification to property tax statements for collection. The City currently has 16 delinquent accounts in the amount of $3,039.85. Additional information will be provided at the time of the public hearing. ATTACHMENTS (0): 31 Agenda Information Memo April 6, 2010, Eagan City Council Meeting L. SET PUBLIC HEARING DATE FOR MAY 4, 2010 TO CERTIFY DELINQUENT BOARD UP BILL ACTION TO BE CONSIDERED: To set a public hearing for May 4, 2010 to consider the final assessment of the delinquent board up bill and certify it to Dakota County for collection with property taxes. FACTS: ➢ On a semi - annual basis, the City reviews and considers delinquent board up balances for certification to property tax statements for collection. ➢ The City currently has one delinquent account in the amount of $130.21. Additional information will be provided at the time of the public hearing. ATTACHMENTS (0): 0— Agenda Information Memo April 6, 2010, Eagan City Council Meeting M. SET PUBLIC HEARING DATE FOR MAY 4, 2010 TO CERTIFY DELINQUENT REFUSE REMOVAL BILLS ACTION TO BE CONSIDERED: To set a public hearing for May 4, 2010 to consider the final assessment of the delinquent refuse removal bills and certify them to Dakota County for collection with property taxes. FACTS: ➢ On a semi - annual basis, the City reviews and considers delinquent refuse removal balances for certification to property tax statements for collection. v The City currently has three delinquent accounts in the amount of $1,311.31. Additional information will be provided at the time of the public hearing. ATTACHMENTS (0): �3 Agenda Memo April 6, 2010 City Council N. APPROVE the 2010 Use Agreement for Blue Cross Blue Shield fields ACTION TO BE CONSIDERED: Approve the 2010 Use Agreement and authorize the Mayor and City Clerk to sign the agreement with Blue Cross /Blue Shield (BOBS) that allows use of BCBS property for community soccer games and related activities. FACTS: • The City, EAA and BCBS have a long history of working together to provide field space for youth soccer games on the grounds of the BCBS main campus and River Office complex. • With the popularity of youth soccer, the spaces are critical elements of the overall field plan • The City provides turf maintenance at the sites during the soccer season including, lining, mowing, fertilizing and seeding. Said costs are included in the Parks operational budget. • The City Attorney and Insurance Agent have reviewed and approved the document. • Both the City and EAA have provided certificates of insurance in prior years as requested in the agreement and are able to do the same for 2010. • EAA will also be signing the document. ATTACHMENTS: Copy of Use Agreement as page -'� 3q Land Use Agreement This Land Use Agreement (the "Agreement "), effective as of the date of last signature, is entered into by and between BCBSM, INC., dba Blue Cross and Blue Shield of Minnesota, a Minnesota nonprofit health service plan corporation (hereafter "Blue Cross "), the City of Eagan, Minnesota ( "City ") and the Eagan Athletic Association, a Minnesota non - profit corporation ( "Association "), all collectively referred to as "the Parties ". WHEREAS, City and Association desire limited temporary use rights for certain land owned by Blue Cross within the City of Eagan, Minnesota, on which the Association will sponsor soccer games, practices and related activities, and the City will set up, mow and otherwise maintain soccer fields for said purposes; and WHEREAS, Blue Cross wishes to support said activities of City and Association. The Parties agree to the following: Blue Cross grants to City and Association temporary use rights, for the limited purpose of those activities listed above, to the land located at the north end of the Blue Cross property at 3535 Blue Cross Road (the "Property "). 2. To the fullest extent permitted by law, City and Association shall indemnify, defend and hold harmless Blue Cross, its subsidiaries and affiliates, its trustees, officers, and employees from and against all claims, demands, suits, actions, losses, damages, injuries, liabilities, expenses, judgments, liens, encumbrances, orders, fines, penalties and awards, including, without limitation, bodily injury to or death of any person or damage to real property and /or tangible or intangible personal property, reasonable attorneys fees, expert witness fees and court costs, (all of which are collectively referred to as "Claims ") arising out of the maintenance or use of the Property. 3. City and Association each shall, at their own expense, maintain a policy of Commercial General Liability Insurance (including contractual liability to cover the indemnify provisions set forth in this Agreement) with limits of not less than $1,000,000 each occurrence and medical expense coverage of not less than $1,000 per person. This coverage shall contain a provision whereby the insurer agrees to provide Blue Cross thirty (30) days written notice before cancellation or alteration. This insurance coverage shall name Blue Cross as an additional named insured. Proof of such insurance shall be provided to Blue Cross prior to exercise of the use rights granted to City and /or Association. 4. City and Association shall maintain the Property in a condition appropriate for its intended use as soccer fields, and shall take such measures as are reasonably necessary and within their control (e.g., re- seeding, fertilizing) to return the Property to its pre- Agreement condition upon termination of this Agreement. 5. Notwithstanding anything herein to the contrary, City's liability under this Agreement shall be subject to statutory and other limits on municipal liability under Minnesota law, and nothing in this Agreement shall be construed to alter or waive such limits. 6. The term of this Agreement shall be from April 1, 2010 through and including November 30, 2010. Page 1 of 2 The Parties, through their respective authorized representatives, have read and fully understand the terms of this Agreement, and agree to be bound by it. City of Eagan City of Eagan By: By: Name: Name: Title: Title: Date: Date: Eagan Athletic Association BCBSM, INC.: By: By: Name: Name: Title: Title: Date: Date: N: \Land Use Agreement (Eagan soccer fields).doc V( Page 2 of 2 Consent Agenda April 6, 2010 City Council Meeting O. ACCEPT Donation for a park bench to be located in Central Park. ACTION TO BE CONSIDERED: To accept a donation of $900 from Abigayle Daley and her family to memorialize a park bench in Central Park. FACTS: • The Parks and Recreation Department has a long history of installing and memorializing park amenities with funds donated as part of the gifting policy adopted by the City Council. • The bench being memorialized is not a new installation but is currently located on the trail surrounding the Central Park pond. This was the preferred location for a memorial bench since the Community Center was the location of Abigayle and Scott's wedding in 2005. A small plaque with the inscription "For Scott Daley. Until we meet again." will be mounted on the bench consistent with the past practice of installing plaques on park amenities donated as memorials. ATTACHMENTS: • None 37 Agenda Information Memo April 6, 2010 Eagan City Council Meeting CONSENT AGENDA P. Approve a new Lease Agreement between the City of Eagan and St. Croix Harley Davidson ACTION TO BE CONSIDERED: The action is to approve a new lease agreement between the City of Eagan and St. Croix Harley Davidson. The approval of this lease will enable the police department to lease two motorcycles for one year. The dealership will lease both motorcycles to the city at a cost of $1 each. FACTS: • Since 2003 the Eagan Police Department has used motorcycles for traffic enforcement and other outreach programs to promote traffic safety throughout Eagan. • A prior lease agreement was reviewed by the Eagan City Attorney and suggested changes to the document were made at that time. There were no substantive changes to the 2010 document. • The previously leased motorcycles were returned to the dealership last fall. By approving this new lease agreement, the police department will receive one of last year's 2009 models and one new 2010 model. • The original start-up fees for the Traffic Enforcement Unit were paid through grants from the Eagan Citizen's Crime Prevention Association in 2003. ATTACHMENTS A copy of the lease agreement is attached as pages 3? through_ 3$ 2010 HARLEY - DAVIDSON FLHTPI LEASE THIS AGREEMENT is made and entered into this 6`h day of April, 2010 by and between St. Croix Harley- Davidson, Inc., a Wisconsin corporation (hereinafter the "Lessor ") and the City of Eagan, a Minnesota municipal corporation (hereinafter the "Lessee "), for the purpose of lending to the Lessee Harley- Davidson Motorcycles. RECITALS WHEREAS, this Agreement is entered into by the City under the authority of Minn. Stat. § §412.211 and 412.221. WHEREAS, the City is desirous of leasing motorcycles for its police department use in patrol and law enforcement duties and the Lessor is desirous of leasing certain motorcycles to the City for a reasonable cost. WHEREAS, it is in the best interest of the City and its residents for it to lease the motorcycles from the Lessor under the terms and conditions of this Agreement. NOW, THEREFORE, based on the foregoing, the Parties hereto agree as follows: 1. Equipment. One 2009 Harley- Davidson Police Motorcycle and one 2010 Harley - Davidson Police Motorcycle with the vehicle identification numbers provided on the attached specification sheet. The model will be an FLTPI with windshield (hereinafter the "Motorcycles "). 2. Agreement Terms. This Agreement shall be effective as of the date of execution for a period of twelve (12) months. Motorcycles leased under this Agreement are to be used for police and related activities only. No more than one person shall be on a Motorcycle leased under this Agreement and the person operating the Motorcycle shall be authorized by law and City police policy to operate the motorcycle. 3. Payment Period. Lessee shall pay one yearly lease payment of One Dollar ($1.00) per Motorcycle. Payment does not include the cost of optional or additional equipment not otherwise included in the specifications of the Motorcycles leased hereunder as set forth in Paragraph I above, full maintenance or insurance costs. 4. Insurance. At its own expense, the Lessee shall carry casualty insurance and public liability and property damage insurance sufficient to protect the full value of the Motorcycles, and to protect the Lessor from liability in all events. The Lessee shall carry workman's compensation insurance covering all of its employees working on or about the Motorcycles. Upon request, Lessee shall furnish to Lessor certificates or other satisfactory evidence of all insurance coverage described above as required terms and conditions of this Agreement. 5. Hold Harmless Indemnification Between Parties. The Lessee hereby agrees to protect, defend, indemnify and hold harmless the Lessors up to the limits of the municipal immunity as provided by state statute from and against any and all losses, penalties, damages, settlements, costs, charges or other expenses or liabilities arising out of the negligence of the Lessee or its employees in the use or operation of the Motorcycles leased hereunder, but not for any loss, claim, damage, action or the like arising out of the negligence acts of the Lessor. Nothing in this Agreement shall be construed to waive any rights, privileges, immunities, or tort damage limitations available to the City under federal or state law, in the event any person or party brings claim against the City as a result of the use or operation of a Motorcycle leased under this Agreement. 6. Liens. The Lessee shall not directly or indirectly create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claims on or with respect to the Motorcycles, except with respective rights of the Lessor as herein provided. Lessee shall promptly, at is own expense, take such action as charge, encumbrance or claim not expected above if the same shall arise at any time due to Lessee's action or inaction. 7. Terms and Fees. The Lessee shall pay all appropriate taxes or fees, or similar charges imposed by virtue of the Lessee's ownership, possession or use of the Motorcycles during the term of this Agreement. 8. Care and Use of Equipment. The Lessor agrees to maintain the Motorcycles pursuant to the manufacturer's standard and preventive maintenance procedures and recommendations. All repairs and maintenance shall be made at St. Croix Harley- Davidson, Inc., 2060 Highway 65, New Richmond, Wisconsin 54017. The Lessee, at its own cost and expense, shall ensure delivery of the Motorcycles to the above address at regular maintenance intervals set up by Lessor in accordance with the service schedule as provided in the owners' manual. The Lessee shall protect the Motorcycles from deterioration other than normal wear and tear. The Lessee shall use the Motorcycles for police related activities only, without abuse, and shall not make modifications, alterations or additions to the Motorcycles (other than normal operating accessories or controls) without the written consent of the Lessor, which shall not be unreasonably withheld. The Lessor shall have the right, after notifying Lessee, and during regular business hours to enter upon the premises where the Motorcycles are located in order to inspect, observe or otherwise protect the Lessor's interest, and the Lessee shall afford them the reasonable opportunity to do so. 9. Damage or Deterioration of Motorcycles. In the event the Motorcycles are partially damaged or destroyed due to the negligent action of the Lessee or its employees prior to the end of the term of this Agreement, the Lessee will promptly have the Motorcycles repaired and restored to their original condition and working order at their expense. In the case of theft or total loss of any of the Motorcycles, the replacement value of each Motorcycle shall be Eighteen Thousand Four Hundred and Forty Four Dollars ($18,444). �D 2 10. Rider Responsibility and Privileges. The Lessee shall be responsible for keeping the Motorcycle(s) clean and for reporting any repairs needed to the Lessor. The Lessee may allow riders to use the Motorcycles to travel to and from work, provided that the Motorcycles are fully insured by the Lessee and that the distance to and from work is no more than thirty (30) miles each way. 11. Events of Default and Remedies. Lessee shall be deemed to be in default of this Agreement upon the happening of any of the following events of default: (A) Lessee fails to make payment of the lease or other payments required hereunder; or (B) Lessee fails to comply with any other term, covenant, or condition contained herein. Upon the occurrence of any event of default as specified above, should Lessee fail to remedy such event or default with all reasonable dispatch within a period of thirty (30) days, Lessor shall have the right, after written notice to the Lessee, to pursue any of the following remedies: (1) Repossession of the Motorcycles, including the right to sell or lease the Motorcycle for the account of the Lessee, and hold Lessee liable for all payments up to the effective date of such sale or lease. Lessor may hold Lessee liable for the difference of payments which would be due under the Agreement and the amount received by the Lessor for the sale or lease of the Motorcycles upon default. (2) Any action at law or in equity may appear necessary to collect the payments then due and thereafter to become due, or to enforce performance and observance of any obligation, agreement or covenant of Lessee under this Agreement. Lessor shall be deemed to be in default under this Agreement upon failure to comply with term, covenant or condition herein. LESSEE: CITY OF EAGAN, a Minnesota municipal corporation By: Mike Maguire Date Its: Mayor By: Maria Petersen Date Its: City Clerk 41 3 LESSOR: ST. CROIX HARLEY- DAVIDSON, INC., a Wisconsin corporation By: Its: Date Leased Equipment 1) 2009 Harley Davidson Model # FLHTPI Motorcycle (VIN # I HD I FMM 149Y658799). 2) 2010 Harley Davidson Model # FLHTPI Motorcycle (VIN # IHDIFMM17AB652597). 4.a 4 Consent Agenda Information Memo April 6, 2010, Eagan City Council Meeting Q. Resolution to Participate in a Hazard Mitigation Planning Process ACTION TO BE CONSIDERED: Adoption of the resolution to participate in the Dakota County Hazard Mitigation Plan Update Process. FACTS: • Dakota County has requested all cities within the county to participate in updating the five year "Dakota County All Hazard Mitigation Plan." • In 2006, a similar resolution was adopted signifying Eagan's desire to participate in the initial development of the All Hazard Mitigation Plan. • Under the Federal Disaster Mitigation Act of 2000 (DMA2000), to remain eligible for disaster related federal hazard mitigation grant funds, the Dakota County All Hazard Mitigation Plan must be updated every five years. • To be a recognized participant in the Dakota County All Hazard Mitigation Plan, the City must participate collaboratively in the plan update and formally adopt the attached resolution. • Once the plan is updated, it must be approved by FEMA in 2011. After FEMA's approval, the City will then need to formally adopt the document. • Dakota County requests that this resolution to participate be passed to meet requirements of the DMA2000. ATTACHMENTS: Resolution to participate in the Hazard Mitigation Plan Update on page =. 4L3 CITY OF EAGAN 04/06/2010 RESOLUTION TO PARTICIPATE IN ALL HAZARD MITIGATION PLANNING PROCESS WHEREAS, the County of Dakota coordinated preparation of an initial multi jurisdiction all- hazard mitigation planning process as established under the Disaster Mitigation Act of 2000; and WHEREAS, the City of Eagan participated in drafting the plan, and later reviewed and approved the plan; and WHEREAS, federal law requires the plan be updated every five years; and WHEREAS, the Act requires public involvement and local coordination among local units of government and businesses as part of the planning process; and WHEREAS, the plan must include descriptions of land uses and development trends, risk assessment including past hazards, hazards that threaten the county, maps of hazards, and estimates of structures at risk; and WHEREAS, the plan must include a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs, in addition to ; and a maintenance or implementation process including plan updates, integration of the plan into other planning documents, and public education components; and WHEREAS, approval of the all hazard mitigation plan update will continue the County's eligibility to receive federal and state Hazard Mitigation Grant Program project grants; and WHEREAS, this resolution does not preclude the City of Eagan from preparing its own plans sometime in the future should they desire to do so. NOW THEREFORE BE IT RESOLVED, that the City of Eagan supports the County all hazard mitigation planning effort, agrees to participate with the County in preparing an update to the multi - jurisdictional plan and recognizes that the plan will apply within the townships. Adopted on this day of 2010. CITY OF EAGAN 4� CITY COUNCIL By: Its Mayor Attest: Its Clerk Agenda Information Memo Eagan City Council Meeting Consent April 6, 2010 R. APPROVE CLARIFICATION OF SPECIAL USE PERMIT CONDITION REGARDING DAYS OF OPERATION FOR WEST END GUN CLUB ACTION TO BE CONSIDERED: To approve a clarification of the condition regarding the days of operation for the West End Gun Club to be Sunday, Tuesday, Wednesday and Thursday. FACTS: The West End Gun Club has operated at 650 Gun Club Road since 1961, subject to a special use permit that originally permitted shooting on Sundays and two weekdays. The special use permits issued by the Town Board at the time are similar to conditional use permits under the current City Code and have the same effect as CUP's. The special use permit was expanded in 1980 to permit the addition of a third weekday evening, specifically Thursday evening. Correspondence with regard to the 1980 action refers to shooting occurring on Sunday, Monday, Wednesday and Thursday, but it appears that was in error, as the practice for many years has been for shooting events at the Club to occur instead on Sunday, Tuesday, Wednesday and Thursday. In addition to the past practice by the Club, when residential development came to the area, Club members, area developers and prospective residents expressed interest in having the days and hours of operation disclosed to create appropriate expectations for all parties. In response, the City Council included a condition in the Homestead Village approvals requiring the developer of the property to disclose the presence and days and hours of operation of the Gun Club to prospective buyers. The Homestead Village developer's disclosure notes the Sunday, Tuesday, Wednesday and Thursday expectation. The Gun Club has conformed to the Special Use Permit by permitting operations on no more than four days of the week, but the discrepancy between the City's documentation of the days covered and the actual operations came to staff's attention recently as a result of a conversation with a member of the Gun Club. The City Council may modify or clarify a condition of a CUP or SUP if appropriate. A public hearing is not necessary for this purpose. It does not appear that the Gun Club has exceeded the intended four days per week for shooting activities. The past practice and disclosures to the neighborhood have established an expectation of the Sunday, Tuesday, Wednesday and Thursday schedule. In consideration of those facts, it is suggested that action be taken to clarify the Special Use Permit documentation to conform to the historic and current practice at the Gun Club. ATTACHMENTS: (None) ,45- Agenda Information Memo April 6, 2010 Eagan City Council Meeting S. 2030 COMPREHENSIVE GUIDE PLAN — CITY OF EAGAN ACTION TO BE CONSIDERED: To adopt the 2030 City of Eagan Comprehensive Guide Plan Update. FACTS: ➢ The Draft Comprehensive Plan Update was submitted to the Metropolitan Council in September 2009. ➢ On March 24, 2010, the Metropolitan Council completed its review of Eagan's Draft Plan and found that the Update meets all Metropolitan Land Planning Act requirements, conforms to all Regional Systems Plans and authorized the City to put the 2030 Comprehensive Plan Update into effect. ➢ MN Statute 473.864, Subd. 1, requires local governments to adopt the comprehensive plan with any required modifications within nine months following a final decision. ➢ Additionally, the City has nine months from the date of City Council adoption of the Plan to make necessary zoning changes to properties so that there is consistency between the Zoning Map and the Land Use Guide Plan. ATTACHMENTS: (2) Metropolitan Council's 3/27/10 letter on pa e Metropolitan Council staff report on pages through 4& iy Metropolitan Council March 25, 2010 Mr. Michael Ridley, City Planner City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 RE: City of Eagan 2030 Comprehensive Plan Update — Metropolitan Council Final Action Metropolitan Council File No. 20606 -1 Metropolitan Council District 15 Dear Mr. Ridley: The Metropolitan Council reviewed the City of Eagan's 2030 Comprehensive Plan Update (Update) at its meeting on March 24, 2010. The Council based its review on the staff's report and analysis (attached). The Council found that the City's Update meets all Metropolitan Land Planning Act requirements, conforms to the regional system plans including transportation, aviation, water resources management and parks, is consistent with the 2030 Regional Development Framework, and is compatible with the plans of adjacent jurisdictions. In addition to the Advisory Comments and Review Record, the Council adopted the following recommendations. 1. Authorize the City of Eagan to put its 2030 Comprehensive Plan Update into effect. 2. Accept the revised forecasts as shown in Table 2 of the Review Record. 3. Change the planning area designation to Developed in the Regional Development Framework. 4. Advise the City to: a. Participate in the redevelopment monitoring program. b. Implement the advisory comments noted in the Review Record funder wastewater, water, and ISIS. 5. Approve the City of Eagan's Tier II Comprehensive Sewer Plan. Please consult the attached staff report for important information about the City's next steps. Of particular importance are the Council's actions, listed on page 1, general Advisory Comments listed on page 3, and the specific comments for technical review areas, which are found in the body of the report. The final copy of the Update needs to include all supplemental information/changes made during the review. Congratulations on completing this important project. It was a pleasure to work with the City staff throughout the review process. Sincerely, Phyllis ITanson, Manager Local Planning Assistance cc: Crystal Carlson, MHFA Tod Sherman, Development Reviews Coordinator, MnDOT Metro Division Daniel Wolter, Metropolitan Council, District 15 Patrick Boylan, Sector Representative Susan Hoyt, Principal Reviewer �� Cheryl Olsen, Reviews Coordinator N ACom mDev \LPA \Comm Lin ities \Eagan\Letters \Eagan Post Council Action Letter -2030 CPU.doc www.metrocouncil.org 390 Robert Street North • St. Paul, MN 55101 -1805 • (651) 602 -1000 • Fax (651) 602 -1550 • TTY (651) 291 -0904 An F,qual Opt) rt,—ity Emplui1— Community Development Committee nvir nm J nt Committee Environment e For the Metropolitan Council meeting of March 24, 2010 Date Prepared: Subject: City of Eagan 2030 Comprehensive Plan Update Tier II Comprehensive Sewer Plan Review File No. 20606 -1 Proposed Action: Committee Report Item: 2010 -91 That the Metropolitan Council adopts the attached Advisory Comments and Review Record, and the following: 1. Authorize the City of Eagan (City) to put its 2030 Comprehensive Plan Update into effect. 2. Accept the revised forecasts as shown in Table 1 of the attached Review Record. 3. Change the planning area designation to Developed in the Regional Development Framework. 4. Advise the City to: a. participate in the redevelopment monitoring program; b. implement the advisory comments under wastewater, water, and ISTS. 5. Approve the City of Eagan's Tier II Comprehensive Sewer Plan. Summary of Committee Discussion / Questions: Community Development Committee Planning Analyst, Susan Hoyt, presented the report on the City of Eagan 2030 Comprehensive Plan Update to the Committee. Councilmember Steffen asked about the significance of the advisory comment under ISTS reminding the City that it needed to update its ISTS ordinance by February 2010. Hoyt explained that this was a mandate to all entities responsible for enforcing ISTS ordinances and that it was not unique to the City of Eagan. There were no further questions. The Committee unanimously adopted the proposed actions. Environment Committee No issues were raised. Motion to approve the City of Eagan's Tier II Comprehensive Sewer Plan was made, seconded, and passed unanimously. Business Item Community Development Committee Item: 2010 -91 C Meeting date: March 15, 2010 EEnvironment Committee Meeting date: March 9, 2010 Date: February 12, 2010 Subject: City of Eagan 2030 Comprehensive Plan Update Tier II Comprehensive Sewer Plan Review File No. 20606 -1 District(s), Member(s): District 15, Councilmember Dan Wolter Policy /Legal Reference: Minnesota Statutes Section 473.175 Staff Prepared /Presented: Susan Hoyt, Principal Reviewer (651- 602 -1330) Phyllis Hanson, Local Planning Assistance Manager (651- 602 -1566) Kyle Colvin, Engineering Services Asst. Manager (651- 602 -1151) Division /Department: Community Development / Planning and Growth Management Environmental Services/ Engineering Services Proposed Action That the Metropolitan Council adopts the attached Advisory Comments and Review Record, and the following: Recommendation of the Community Development Committee: 6. Authorize the City of Eagan (City) to put its 2030 Comprehensive Plan Update into effect. 7. Accept the revised forecasts as shown in Table 1 of the attached Review Record. 8. Change the planning area designation to Developed in the Regional Development Framework. 9. Advise the City to: a. participate in the redevelopment monitoring program; b. implement the advisory comments under wastewater, water, and ISTS. Recommendation of the Environment Committee: Approve the City of Eagan's Tier II Comprehensive Sewer Plan. N: \ CommDev\ LPA�Communities \ Eagan \Reports�Eaga 30 CPU Committee Report 20606 -1 Final Action. doc 2. ADVISORY COMMENTS City of Eagan 2030 Comprehensive Plan Update and Tier II Comprehensive Sewer Plan Review File No. 20606 -1, Council Business Item No. 2010 -91 The following Advisory Comments are part of the Council action authorizing the City to implement its 2030 Comprehensive Plan Update (Update) and approving the City's Tier II Comprehensive Sewer Plan: Community Development Committee The Council- adopted Local Planning Handbook states that the City must take the following steps: (a) Adopt the Update in final form after considering the Council's review recommendations; and (b) Submit one electronic copy and one hard copy of the Update to the Council. The electronic copy must be organized as one unified document. A copy of the City Council resolution evidencing final approval of the Update should be submitted to the Council. 2. The Council's Handbook also states that local governments must formally adopt their comprehensive plans within nine months after the Council's final action. If the Council has recommended changes, local governments should incorporate those recommended changes into the plan or respond to the Council before "final approval" of the comprehensive plan by the governing body of the local governmental unit (Minn. Stat. § 473.858, subd. 3). 3. Local governmental units must adopt official controls as described in their adopted comprehensive plans and must submit copies of the official controls to the Council within 30 days after official controls are adopted (Minn. Stat. § 473.865, subd. 1). 4. Local governmental units cannot adopt any official controls or fiscal devices that conflict with their comprehensive plans or which permit activities in conflict with the Council's metropolitan system plans. (Minn. Stat. §§ 473.864, subd. 2; 473.865, subd. 2). If official controls conflict with comprehensive plans, the official controls must be amended within nine months following amendments to comprehensive plans (Minn. Stat. § 473.865, subd. 3). Environment Committee 1. The Council- approved Tier II Comprehensive Sewer Plan becomes effective only after the Update also receives final approval by the City's governing body. After the Update receives final approval by the City and the Tier II Sewer Plan becomes effective, the City may implement its Update to alter, expand or improve its sewage disposal system consistent with the Council- approved Tier II Sewer Plan. 2. A copy of the City Council Resolution adopting its Update, including the Tier II Sewer Plan, must be submitted to the Council. N: \CommDeOLPA \Communities \Eagan \Reports \Eagan 2030 CPU Committee Report 20606 -1 Final Action.doc 3. Background The City of Eagan (City) is approximately 34 square miles and is located south of the Mississippi River in Dakota County. It is bordered by Mendota Heights and Sunfish Lake on the north, Inver Grove Heights on the east, Rosemount and Apple Valley on the south and Bloomington and Burnsville on the west (Figure 1). The 2030 Regional Development Framework (RDF), as adopted by the Metropolitan Council (Council) in January 2004, identified Eagan as within the Developing geographic planning area (Figure 2). The City submitted its 2030 Comprehensive Plan (Update) to the Council for review to meet the Metropolitan Land Planning Act requirements (Minn. Stat. 473.175) and the Council's 2005 Systems Statement requirements. Rationale — Standard of Review & Findings 1. Does the proposed Update conform to Regional Systems Plans? 2. Is the Update consistent with Metropolitan Council policies? 3. Is the Update compatible with plans of adjacent governmental units and plans of affected special districts and school districts? Conformance with Regional Systems Plans: 1. Regional Parks Yes 2. Transportation including Aviation Yes 3. Water Resources Management Yes (Wastewater Services and Surface Water Management) Consistent with Council Policy Requirements: 1. Forecasts Yes 2. Housing Yes 3. 2030 Regional Development Framework and Land Use Yes 4 Individual Sewage Treatment Systems (ISTS) Program Yes 5. Water Supply Yes Compatible with Plans of Adjacent Governmental Units and Plans of Affected Special Districts and School Districts Compatible with other plans Known Support / Opposition There is no known opposition. Yes 91 N: \CommDev�LPA \Communities \Eagan kReports \Eagan 2030 CPU Committee Report 20606 -1 Final Action.doc 4. REVIEW RECORD City of Eagan 2030 Comprehensive Plan Update STATUTORY AUTHORITY The Metropolitan Land Planning Act (MLPA) requires local units of government to submit comprehensive plans and plan amendments to the Council for review and comment (Minn. Stat. § 473.864, Subd. 2). The Council reviews plans to determine: • Conformance with metropolitan system plans, • Consistency with other adopted Plans of the Council, and • Compatibility with the Plans of other local jurisdictions in the Metropolitan Area. The Council may require a local governmental unit to modify any plan or part thereof if, upon the adoption of findings and a resolution, the Council concludes that the Plan is more likely than not to have a substantial impact on or contain a substantial departure from metropolitan system plans (Minn. Stat. § 473.175, Subd. 1). Each local government unit shall adopt a policy plan for the collection, treatment and disposal of sewage for which the local government unit is responsible, coordinated with the Metropolitan Council's plan, and may revise the same as often as it deems necessary. Each such plan shall be submitted to the Council for review and shall be subject to the approval of the Council as to those features affecting the Council's responsibilities as determined by the Council. Any such features disapproved by the Council shall be modified in accordance with the Council's recommendations (Minn. Stat. § 473.513). CONFORMANCE WITH REGIONAL SYSTEMS REGIONAL PARKS Parks and Trails Reviewer: Jan Youngquist, CD - Regional Parks System Planning, (651 - 602 -1029) The Update conforms to the 2030 Regional Parks Policy Plan. The regional parks system facilities in the City include Lebanon Hills Regional Park, the proposed Minnesota River /Lebanon Hills Regional Trail, the extension of the Big Rivers Regional Trail to the border with Scott County, and the Dakota County North /South Regional Trail Search Area. The Update acknowledges and plans for these regional parks system facilities. The Update includes a Lebanon Hills Special Area Plan, which facilitates long range planning for Lebanon Hills Regional Park by creating a special overlay for the seven privately -owned inholdings within its boundaries. The special area plan was developed to address consistency between the guiding and zoning of these properties as well as to avoid the inholdings from becoming a nonconforming use. Policies outlined in the special area plan acknowledge that the inholdings are a residential use that is transitional in nature, support eventual conversion to a park use, specify that subdivision of these properties is not supported, and indicate that these parcels will be rezoned as P, Park once acquired by Dakota County. CZ� N: �CommDev\LPA \Communities �Eagan \Reports �Eagan 2030 CPU Committee Report 20606 -1 Final Action.doc 5. TRANSPORTATION Roads and Transit Reviewers: Elaine Koutsoukos (651- 602 - 1717), Bob Paddock (651- 602 - 1340), MTS - Systems Planning; Steve Mahowald - Metro Transit (612- 349 -7775) The Update conforms to the 2030 Regional Transportation Policy Plan (TPP) and addresses all the applicable transportation and transit requirements. There are five principal arterials within or adjacent to the City including I -35E, I -494, TH 55, TH 77, and CSAH 32. There are no expansion plans for the metropolitan highways located within the City. The Update includes an analysis of existing and future transportation deficiencies and recommends improvements to the minor arterial, major and minor collectors, and local roadway networks. There is one transitway, Cedar Avenue Bus Rapid Transit (BRT), planned for the City. The City lies within Transit Market Area III. Service options for Market Area III include peak -only express, small vehicle circulators, midday circulators, special needs paratransit (ADA, seniors), and ridesharing. Regular route express and local transit service is provided by Minnesota Valley Transit Authority. General public dial -a -ride service and ADA paratransit service is provided by Dakota Area Resources and Transportation for Seniors (DARTS). Aviation Reviewer: Chauncey Case, MTS - Systems Planning, (651- 602 -1724) The Update conforms to the Aviation policies of the TPP and is consistent with Council aviation policy. WATER RESOURCES MANAGEMENT Wastewater Service Reviewer: Kyle Colvin, ES - Engineering Services, (651- 602 -1151) The Update is in conformance with the 2030 Water Resources Management Policy Plan (WRMPP). The Update summarizes the City's vision for the next 20 years or to year 2030. It includes growth forecasts that are consistent with the Council's recommended forecasts for population, households, and employment. Current wastewater treatment services are provided to the City by the Metropolitan Council Environmental Services. Wastewater generated within the City is conveyed to and treated at the Metropolitan Council's Seneca Wastewater Treatment Plant located in Eagan. The City is provided wastewater conveyance service through interceptors 7033, 7032, and 3- ET -37. The City's Plan projects it will have 29,500 sewered households and 65,800 sewered employees by 2030. The Metropolitan Disposal System with its scheduled improvements has or will have adequate capacity to serve the City's growth needs. The Update provides sanitary flow projections in 5 -year increments. The rationale for the projections is given in the Update and were determined appropriate for the planning of local services. �5_3 N: \CommDev �LPA � Communities \Eagan �Reports �Eagan 2030 CPU Committee Report 20606 -1 Final Action.doc 6. Eagan has been identified as a community impacted by wet weather occurrences. The City is currently on the Council's list of communities having an I/I reduction goal. The City has committed to mitigate excessive I/I at levels equal to the Council's Surcharge amount. The Update includes a description of a reduction plan to identify and eliminate I/I from the sanitary sewer system. The City also has adopted an ordinance implementing a sump pump and service lateral inspection program, including a fee schedule for non- compliance. Advisory comment: ■ The City recently submitted an Alternative Urban Area -wide Review (AUAR) for the Cedar Grove Redevelopment that proposes wastewater flow increases for the City. The AUAR was not included in the City's 2008 CPU. The Cedar Grove Redevelopment Area, therefore, will require a Comprehensive Plan and Tier II Sewer Plan Amendment to the 2008 CPU that includes the flow projection increase. The amendment will need to be approved by the Metropolitan Council, prior to construction of any sewer extensions or additions within the AUAR project area. Tier II Comments The Tier II Sewer Element of the Update has been reviewed against the requirements for Tier II Comprehensive Sewer Plans for developing and developed communities. It was found to be complete and consistent with Council polices. Upon adoption of the Update by the City, the action of the Council to approve the Tier II Plan becomes effective. At that time, the City may implement its Update to alter, expand or improve its sewage disposal system consistent with the approved Tier II Sewer Plan. A copy of the City Council Resolution adopting its Plan needs to be submitted to the Metropolitan Council for its records. Surface Water Management Reviewer: Judy Sventek, ES - Water Resources Assessment, (651- 602 -1156) The Update conforms to the 2030 Water Resources Management Policy Plan (WRMPP) for local surface water management. The City lies within the Black Dog, Gun Club and Lower Minnesota River watersheds. The Black Dog Watershed Management Organization's watershed management plan was approved by the Board of Water and Soil Resources (BWSR) in 2002. Gun Club Lake Watershed Management Organization's and Lower Minnesota River Watershed District's watershed management plans were approved by BWSR in 2005 and 1999, respectively. Two documents serve as its local surface water management plan for the City: 1) the Stormwater Management Plan and 2) the Water Quality and Wetland Management Plan. The Council reviewed both plans in 2006. They were found to be consistent with Council policy and the WRMPP at that time. Together both plans fulfill the requirements for local water management plans. 15 . N: �CommDev\LPA \Communities \Eagan \Reports \Eagan 2030 CPU Committee Report 20606 -1 Final Action.doc 7. CONSISTENCY WITH COUNCIL POLICY FORECASTS Reviewer: Todd Graham, CD - Research, (651- 602 -1322) The Update's forecasts are consistent with Council staff's expectations, and, therefore, recommended to be consistent with regional policy. The Update uses revised forecasts of population, households and employment, based on an accelerated staging of growth in the City. Council staff find that Eagan employers have already reached the Council's 2020 employment forecast in 2008 (twelve years ahead of forecast). Revised forecasts, discussed with staff, add two percent (2 %) to the 2030 households' forecast and twenty- one per cent (21 %) to the 2030 employment forecast, which was originally for 54,200 jobs in 2030 and is revised to 65,800 jobs. Council staff find the City - preferred forecasts reasonable and acceptable. The Council's forecast will be officially revised, as shown below, effective upon Council approval of the Update: Table 1. Metropolitan Council Forecast - Eagan Census 2000 Population 63,557 Households 23,773 Employment 42,750 Previous Council Forecasts 2010 2020 2030 67,000 68,000 69,000 26,500 28,000 29,000 48,300 52,000 54,200 Revised Council Forecasts 2010 2020 2030 67,600 71,250 70,800 26,000 28,500 29,500 52,000 59,000 65,800 2030 REGIONAL DEVELOPMENT FRAMEWORK AND LAND USE Reviewer: Susan Hoyt, CD - Local Planning Assistance, (651 -602 -1330) Regional Development Framework The Update is consistent with the Regional Development Framework (RDF) policies. The Update identifies the City as a "Developing" community. RDF policies anticipate that Developing communities will accommodate regional growth through sewered development at 3 to 5 units per net acre. The City has accommodated regional sewered development over the past five decades (Figure 3). It's population grew by over 50,000 people from 10,400 in 1970 to 67,100 in 2007. The City grew by 23,000 households during the same five decades. The City is now fully developed. The Update identifies 7% of the land that remains vacant either as unplatted vacant land or as underutilized land that remains for future development. Underutilized land is primarily vacant, unplatted property within established large lot neighborhoods, where the development pattern is well established so there is little flexibility on how to use this land. The Update's future land use policies focus on redevelopment of seven planning areas. The Update's future land use policies for redevelopment are consistent with RDF policies that encourage densities of 5 plus units per acre with higher densities along major transportation corridors. Several of the proposed redevelopment areas plan for high density between 12 and 25 units per acre. Council staff recommends that the planning area designation be changed to "Developed ". S�9_ N: \CommDev\LPA \ Communities \ Eagan \Reports \Eagan 2030 CPU Committee Report 20606 -1 Final Action.doc 8. Land Use Existing Land Use The City is approximately 34 square miles. It's land use is 35% residential, 20% park, 15% office- business park - commercial, and 7% vacant. The residential land use or housing is a mixture of low density residential (29 %), medium density (4 %), and high density (2 %). The City is a major regional employer with 54,000 jobs that comprise 28% of Dakota County's total jobs. This job per household ratio is approximately 2.06 jobs per household. A 2005 residential survey of the City found that over 41% of residents worked in the community. Table 2: 2007 Existing Land Use - Eagan Land Use Acres % of Total Low Density Residential 6,158 28.7% Medium Density Residential 896 4.2% High Density Residential 443 2.1% Retail Commercial 440 2.1% Office 903 4.2% Industrial /Business Park 1799 8.4% Quasi - Public /Institutional 808 3.8% Park 4341 20.2% Vacant 1449 6.8% Right of Way 4213 19.6% Total 21,450 100% Table 3: 2030 Future Land Use — Eagan Land Use Acres % of Total Low Density Residential 6306 29.4% Medium Density Residential 1002 4.7% High Density Residential 419 1.9% Office /Service 316 1.5% Retail Commercial 539 2.5% Major Office 1129 5.3% Business Park 475 2.2% Industrial 1823 8.5% Mixed Use 233 1.1% Park 4062 18.9% Quasi - Public /Institutional 690 3.2% Private Recreation 281 1.3% Right of Way 3825 17.8% Water 355 1.7% Total 21,450 1000/0 V� N: \ CommDev\ LPAj Communities�Eagan�Reports�Eagan 2030 CPU Committee Report 20606 -1 Final Action.doc 9. Future Land Use The 2030 Future Land Use Plan does not represent a significant shift from the existing land use pattern. There is an anticipated 5% increase in categories that accommodate jobs including a major office category and a business park separate from industrial use. The population is expected to grow by 5 %, but employment by nearly 27% (from 52,000 current jobs to 65,800 forecast jobs in 2030). The most significant planning feature in the Update is the use of seven special area plans to address future redevelopment, a planning approach that the City has used for many years. Two special area plans, along with the Lebanon Hills Special Area Plan (described under Parks) are highlighted to demonstrate the future vision of the City through these areas. (Figure 6): Central Commons This 862 acres is located around the intersection of Pilot Knob Road and Yankee Doodle Road and Interstate 35 -E. Since 1995 the area has served as a town center with retail and community services including a community center, transit center and Central Park. Now, almost fully developed, re- development will likely lead to some changes over time. The vision is for an active, mixed use, walkable destination for people of all ages. Cliff Road Commons This nearly 450 acres is located along Cliff Road between Highway 77 (Cedar Avenue) and Interstate 35 -E. The special area plan is, in part, prepared with the expectation that two large parcels of land within this area may be redeveloped in the future. The existing land use is a mix of retail commercial and office as well as low, medium, and one high density residential neighborhood. A future Bus Rapid Transit (BRT) station is planned near the intersection of Cliff Road and Cedar Avenue. There is an existing park and ride lot on 35 -E and Cliff Road. The plan's vision is to create a walkable, mixed use neighborhood that benefits from the nearby transit stop. The concept, which is always subject to change, includes 600 to 700 units of medium density housing at 13 to 15 units per acre as well as 200,000 to 250,000 square feet of mixed use office, retail and commercial uses. Residential Density Analysis The City meets the 3 units per net acre residential density policy for sewered development. With only 7% of the land remaining vacant or underutilized, the City's development patterns are well established and will not significantly change within the next 20 years except for redevelopment. The City's overall density for residential development between 1970 and the present is 3.4 units per net acre based upon its 25,536 housing units on 7,497 acres of existing residential land (2007 housing data). This same minimum density, 3.4 units per net acre, is calculated for the future development of vacant and underutilized land when combined with the already platted acres that are ready for development (Table 4A). The possible redevelopment scenarios for two redevelopment areas, planned for build out by 2025, range from 13 to 28 units per net acre (Table 4B). Other redevelopment special area plans also identify mixed use and higher density housing for future development. This density is consistent with Council policy for fully developed communities for development of 5 or more units per acre especially along major transportation corridors. Isq N: �CommDev \LPA � Communities �Eagan \Reports \Eagan 2030 CPU Committee Report 20606 -1 Final Action.doc 10. Table 4: Residential Density Analysis - Eagan Table 4A: Planned Residential Development Land Use Lowest Density Vacan t acres Under- utilized Acres (1) Specia I Area Acres Total Acres Vacant Housin g Units Under - utilized Housin g Units Special Area Units Total Housing Units Planned future Density 13.0 - 15.2 LD 1 to 4 86 472 0 558 86 472 0 558 1.0 MD 4 to 12 16 16 0 32 64 64 0 128 4.0 HD 12 to 30 2 19 0 21 24 228 0 252 12.0 Mixed Use 2 N/A 182 0 0 1605 1605 8.8 Total 104 507 182 793 174 764 1605 2543 3.2 Vacant Platted 135 610 4.5 Final Total 928 3153 3.4 (1) vacant land primarily within established large lot subdivision (2) Mixed Use Districts represent some planned units in redevelopment sites - 8.8 units /net acre Table 413: Densities for Possible Future Planned Residential Redevelopment HOUSING Reviewer: Linda Milashius, CD - Livable Communities, (651 - 602 -1541) The Update fulfills the housing requirements of the Metropolitan Land Planning Act. The Update acknowledges the City's share of the region's affordable housing need for 2011- 2020 of 884 units. To provide opportunities to meet this need the Update indicates that approximately 6 acres of land will be available for high density residential development, at 12+ units per acre, and within the mixed -use residential category there are 24 acres designated for high density residential development at 8 units per acre, 29 acres at 25 units per acre, and the identified Cedar Grove Redevelopment Area assumes an additional 400 high density units in its land use scenario. The Update provides the implementation tools and programs the City will use to promote opportunities to address its share of the region's housing need. The Update indicates the City will continue to work with the Dakota County Community Development Agency Development Agency (CDA) and other state and federal agencies to provide workforce and affordable housing opportunities. The CDA partners with local communities to offer a number of services to assist in the creation and preservation of affordable housing. The City will also promote housing practices that support aging in places (e.g. universal design, walkable streets, multiple N: \CommDev\LPA �Comm unities \Eagan \Reports \Eagan 2030 CPU Committee Report 20606 -1 Final Action.doc 11. Planned Residential Acres Housing Unit Range Units Per Net Acre Cedar Grove 44 940- 1 ' 250(l) 21.4- 28.4 Cliff Commons 46 600- 700 13.0 - 15.2 HOUSING Reviewer: Linda Milashius, CD - Livable Communities, (651 - 602 -1541) The Update fulfills the housing requirements of the Metropolitan Land Planning Act. The Update acknowledges the City's share of the region's affordable housing need for 2011- 2020 of 884 units. To provide opportunities to meet this need the Update indicates that approximately 6 acres of land will be available for high density residential development, at 12+ units per acre, and within the mixed -use residential category there are 24 acres designated for high density residential development at 8 units per acre, 29 acres at 25 units per acre, and the identified Cedar Grove Redevelopment Area assumes an additional 400 high density units in its land use scenario. The Update provides the implementation tools and programs the City will use to promote opportunities to address its share of the region's housing need. The Update indicates the City will continue to work with the Dakota County Community Development Agency Development Agency (CDA) and other state and federal agencies to provide workforce and affordable housing opportunities. The CDA partners with local communities to offer a number of services to assist in the creation and preservation of affordable housing. The City will also promote housing practices that support aging in places (e.g. universal design, walkable streets, multiple N: \CommDev\LPA �Comm unities \Eagan \Reports \Eagan 2030 CPU Committee Report 20606 -1 Final Action.doc 11. housing types available within neighborhoods, etc.). The City is a participant in the Local Housing Incentives program of the Livable Communities Act. INDIVIDUAL SEWAGE TREATMENT SYSTEMS (ISTS) PROGRAM Reviewer: Jim Larsen, CD - Local Planning Assistance, (651- 602 -1159) The Update is consistent with the WRMPP for ISTS. It indicates that there are 200 ISTS in operation in the City. Responsibility for maintenance management tracking and notification has been delegated to Dakota County. The City's program is consistent with MPCA Rules and Council policy requirements. Advisory comment: ■ The City will need to update its ISTS ordinance by February 2011 for consistency with recent MPCA Chapter 7080 -7083 Rule revisions. WATER SUPPLY Reviewer: Sara Bertelsen Smith, ES - Water Supply Planning, (651- 602 -1035) The Update is complete and consistent with the WRMPP. Advisory comment: ■ The City is encouraged to continue to implement conservation programs in an effort to promote the efficient use of water to its customers. RESOURCE PROTECTION Historic Preservation Reviewer: Susan Hoyt, CD - Local Planning Assistance, (651- 602 -1330 The Update contains a section on Historic Preservation as required by the MLPA. Solar Access Protection Reviewer: Susan Hoyt, CD - Local Planning Assistance, (651- 602 -1330) The Update contains a section on Solar Access Protection as required by the MLPA. Aggregate Resources Protection Reviewer: Jim Larsen, CD - Local Planning Assistance, (651 -602 -1159) The Update contains a section on aggregate resources protection as required by the MLPA. The Update acknowledges that aggregate resource deposits are plentiful in the City, but indicate that they are found in relatively scattered and mostly urbanized locations. This information is consistent with Minnesota Geological Survey Information Circular 46 data. The City believes it unlikely that any of the remaining resources will be mined because of the limited quantity that exists at any single location and because development pressure has rendered the land covering the resources more valuable for continued urban development purposes than for mining. The Update states that if any property or business owner in the future seeks to extract potentially available aggregate resources, that the City will consider the feasibility of extraction at that time. sy N: ` CommDev\LPA�Communities \Eagan\Reports\Eagan 2030 CPU Committee Report 20606 -1 Final Action.doc 12. PLAN IMPLEMENTATION Reviewer: Susan Hoyt, CD - Local Planning Assistance, (651- 602 -1513) The Update includes a description of: • Capital Improvement Program Yes • Zoning Code Yes • Subdivision Code Yes • ISTS Codes Yes • Housing Implementation Program Yes The Update contains an implementation chapter as required by the MLPA. The Update summarizes the City's official controls and discusses a schedule for enacting measures to implement the Update. It also provides a zoning map and a brief explanation of the City's zoning and subdivision codes. A Capital Improvement Plan is also included. COMPATIBILITY WITH PLANS OF ADJACENT GOVERNMENTAL UNITS AND PLANS OF AFFECTED SPECIAL DISTRICTS AND SCHOOL DISTRICTS The City submitted the 2030 Comprehensive Plan Update to adjacent local units of government, school districts, counties and special districts for comment on October 1, 2008. No compatibility issues with plans of adjacent governmental units and plans of affected special districts and school districts were identified. DOCUMENTS SUBMITTED FOR REVIEW: • City of Eagan 2030 Comprehensive Plan Update, May 29, 2009 • Supplemental information, Sewer Flows, June 17, 2009 • Revised Update, November 20, 2009 • Supplemental information, Land Use and Transportation, February 2, 2010 ATTACHMENTS Figure 1: Location Map Showing Regional Systems Figure 2: 2030 Regional Development Framework Planning Areas Figure 3: Development Stages 1960 to Present Figure 4: Existing Land Use, 2009 Figure 5 2030 Future Land Use Plan Figure 6: Special Planning Areas Cov N: �CommDev\LPA \Communities \Eagan \Reports\Eagan 2030 CPU Committee Report 20606 -1 Final Action.doc 13. Figure 1. Location Map Showing Regional Systems Eagan 11314T1)111ilkljtoll Bill lisvillp F 13-o, E;Iop-di smitish L. hkl✓el 1-A ove Hf-ilillits r 0 0.5 1 L Regional Systems NHENNEPIN RA rASE vu-Istewatel selvices hterceptors 4-- F-1 Treatment Plants ARV-Ek-',' Timispoit,11011 Int e rst ate 5 j TA US Highw3l6 T State Highways -L N,;:, County Roads 7r r r ROS P'l 1101 If It 1.5 2 2.5 3 Miles Regi of iA a io I State Ti 41 s Regional Ewsting a. Regional Planned Regional Proposed Recreation Opeii Space Park Resenje Regional Park Speoial Recreation Feature TLG Street Centerlines, 2007 Figure 2. 2030 Regional Development Framework Planning Areas Eagan Riclifield Fo;t Snelling {uno1 q.l ,, {' Fvlendot.i Heights � Sunfish Like , Bloomin�� ton �� i : k s I Eaiydi Invei 131oveHeigIits a� s I , t i I Bwnsville jI , { j l , 1 c i s ------------------ Rosemount �7416KA 1 I 0 0.5 1 1.5 2 2.5 3 Miles I �r�,• �' 2030 Framework Planning Areas r _ �THEFJ,tJEPI�J�I �!.ASWIPJ�3T� �FJ • -- IL �y -- -I -� —,r RA'rvlSEY� i Agricultural Area , I , .�54 i��. :j j ;i— ...r__, Developed Area I , 'rr - - - -- Developing Area CARVERI j 4 zi t L �.r - '-�l' Diversified Rural Non - Council Area 4)AKUTAj j l �,�}'_51'�TT -� I-- :-- __Y_ -• i Rural Center f o Rural Residential TLG Street Centerlines, 2007 Figure 3: City of Eagan Development Evolution 46 1960 /* ri AN r 4: 1970 4. 16 1980 (Max. wt! W. 1990 PRESENT Io3 N: \ CommDev �LPA � Communities \Eagan \Reports �Eagan 2030 CPU Committee Report 20606 -1 Final Action.doc 16. Figure 4: Existing Land Use 2007 City of Eagan r- _ I I I r` 1 r „ V• i t. 9I 'y v O r Il k 10 i Legend Low Density Res IndustrialBusiness Park Medium Density Res Park -Rec Active High Density Res Quasi- Public Retail Commercial Vacant Office ®Municipal Boundary 0 0.5 1 2 Miles �4- N: \CommDev�LPA \Communities \Eagan \Reports �Eagan 2030 CPU Committee Report 20606 -1 Final Action.doc 17. l T "I�ff ', �.� �� �.'� �� ■. 1 I F �� i , n. Figure 6: Special Area Plans City of Eagan 1 Northeast 2 North Lexington Commons 3 Central Commons 4 Carriage Hills 5 Cedar Grove Commons 6 Cliff Road Commons 7 Lebanon Hills �o N: \CommDev\LPA \Communities \Eagan \Reports \Eagan 2030 CPU Committee Report 20606 -1 Final Action.doc 19. Agenda Information Memo April 6, 2010, Eagan City Council Meeting T. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING AND PLANNED DEVELOPMENT AMENDMENT - CITY OF EAGAN ACTIONS TO BE CONSIDERED: To implement a Comprehensive Guide Plan Amendment changing the land use designation from SA (Special Area), to QP (Quasi Public), to allow for a Fire Safety Center for property located at 1001 Station Trail, legally described as Lot 1, Block 1, Eagan Fire Station No.2. To approve a Rezoning from Planned Development (PD) to Public Facility (PF) for a Fire Safety Center for property located at 1001 Station Trail, legally described as Lot 1, Block 1, Eagan Fire Station No.2. i► To approve a Planned Development Amendment to remove this property from the Planned Development for property located at 1001 Station Trail, legally described as Lot 1, Block 1, Eagan Fire Station No.2, subject to the condition listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Comprehensive Guide Plan Amendment - At least four votes Rezoning - At least three votes Planned Development Amendment - At least three votes FACTS: ➢ The proposed land use amendment would change the designation of the subject site to QP, Quasi Public, allowing for development of a Fire Safety Center. On February 23, 2010, the Advisory Planning Commission held a Public Hearing to consider the proposed Comprehensive Guide Plan Amendment, Rezoning and Planned Development Amendment. On March 16, 2010, the City Council directed the Comprehensive Guide Plan Amendment to be sent to the Metropolitan Council for review. On March 24, 2010, the Met Council authorized implementation of the land use amendment. ISSUES: None 120 -DAY AGENCY ACTION DEADLINES: May 20, 2010 ATTACHMENT (1): Location Map, page 0-2 �7 Agenda Information Memo April 6, 2010, Eagan City Council Meeting U. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING AND PLANNED DEVELOPMENT AMENDMENT — DAKOTA COUNTY CDA (NORTHWOOD TOWNHOMES) ACTIONS TO BE CONSIDERED: To implement a Comprehensive Guide Plan Amendment changing the land use designation from SA (Special Area), to MD (Medium Density), to allow for a residential townhome development upon approximately 12.91 acres located west of Lexington Avenue and north of Northwood Parkway, legally described as Lot 2, Block 1, Northwood Business Park 3rd Addition. To approve (OR direct preparation of findings of fact for denial for) a Rezoning from Business Park (BP) to Planned Development (PD) for a residential townhome development upon approximately 12.91 acres legally described as Lot 2, Block 1, Northwood Business Park 3rd Addition. To approve a Preliminary Planned Development Amendment consisting of 47 townhome dwelling units upon a 12.91 acre site legally described as Lot 2, BIock 1, Northwood Business Park 3rd Addition, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Comprehensive Guide Plan Amendment — At least four votes Rezoning — At least four votes Preliminary Planned Development — At least four votes FACTS: Comprehensive Guide Plan Amendment: The proposed land use amendment would change the designation of the subject site to MD, Medium Density, allowing for a residential townhome development. On November 24, 2009, the Advisory Planning Commission held a Public Hearing to consider the proposed Comprehensive Guide Plan Amendment. On December 15, 2009, the City Council directed the Comprehensive Guide Plan Amendment to be sent to the Metropolitan Council for review. On March 24, 2010, the Met Council responded to the proposed Comp Plan Amendment, directing that the City may implement the land use amendment. Rezoning and Preliminary Planned Development: The Advisory Planning Commission held a public hearing on November 24, 2009 to consider the proposed Rezoning and Preliminary Planned Development and recommended approval. ➢ The Rezoning and Preliminary Planned Development were also before the City Council for review on December 15, 2009, as the Council considered direction for the associated Comprehensive Guide Plan Amendment. The City Council withheld action on these two items, pending Metropolitan Council review of the land use amendment. ➢ On March 24, 2010, the Met Council directed that the City may implement the land use amendment. ISSUES: None 60 -DAY AGENCY ACTION DEADLINES: Waived (Rezoning and Prelim. PD) ATTACHMENTS (3): Location Map, page December 15, 2009, City Council Minutes, page77o November 24, 2009, APC Minutes, pages a3through T/_ 1/8 Location �/�y Map Eagan Boundary Right -of -way � Parcel Area Park Area 0 Building Footprint 43 C, =. u a J i � �L I Dry o Q Q �� �❑ p hro�K -no. — ! x- te- NC:xe�eo tae xw�o:se CP 00 �f e Sub'ect SiteQ B o ° ° a P o P � 0 M V Q O n Q O Cl Q c mrxono) L CD D O [�� 00 000 Do a0 06 oo° O _ . CCCC !!!!r ✓ ti 1000 0 1000 2000 Feet Development/Developer: Eagan Northwoods (Dakota County CDA) Application: Comp Guide Amendment; Rezoning & Preliminary PD Case No.: 10- CG- 03- 09 -09; 10- RZ- 02- 09 -09; 10- PD- 02 -09 -09 City of Eolan THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this not responsible for errors or omissions. information and are N iv E 5 Community Ocvolopment Dvpartmont 71 City Council Minutes December 15, 2009 Page 7 COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, AND PRELIMINARY PLANNED DEVELOPMENT — DAKOTA COUNTY CDA City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Land Use Amendment that would change the land use designation from Special Area / Business Park to Special Area / Medium Density to allow for a 47 unit townhome development upon property located in Northwood Business Park 3rd Addition. City Planner Ridley gave a staff report. Kari Gilman, Dakota County Community Development Agency, discussed the proposed project. Judy Urban, representative of MICAH thanked the Council for support of recent youth housing approval and spoke in support of the proposed townhome project. Mark Ulfers, Director of the Dakota County Community Development Agency spoke to the payment in lieu of taxes model that will affect the property. Councilmember Tilley moved, Councilmember Hansen seconded a motion to direct staff to submit to the Metropolitan Council a Comprehensive Guide Plan Land Use Amendment that would change the land use designation from SA/BP (Special Area / Business Park), to SA/MD (Special Area / Medium Density), to allow for a 47 unit townhome development upon property legally described as Lot 2 and 1, Block 1, Northwood Business Park 3rd Addition. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items. There were no items requiring action. ADMINISTRATIVE AGENDA VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 9: 30 p.m. Aye: 5 Nay:0 Date D, Administrative Secretary / Deputy Clerk Advisory Planning Commission November 24, 2009 Page 4 of 1 1 B. Northwood Townhomes Applicant Name: Dakota County CDA Location: 3255 Northwood Circle; Lot 2, Block 1, Northwood Business Park 3rd Addition Application: Comprehensive Guide Plan Amendment A Comprehensive Guide Plan Amendment changing the land use guide plan designation on 12.9 acres from BP Business Park to MD Medium Density Residential. File Number: 10- CG- 03 -09 -09 Application: Rezoning Rezoning of 12.9 acres from BP, Business Park to PD, Planned Development. File Number: 10- RZ- 02 -09 -09 Application: Preliminary Planned Development A Preliminary Planned Development of 12.91 acres to create a 47 unit townhome development. File Number: 10- PD- 02 -09 -09 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated November 18. She noted the background and history and suggested an additional condition of approval be added relative to indoor sound attenuation. Member Heaney asked staff to clarify condition # 9, private street access easement. Assistant City Engineer Gorder commented that the CDA should provide an easement to the property to the south for future access, but that the property owner to the south could not be compelled to enter into an easement agreement since that property is not part of this application. Member Heaney commented no easement would be established if the parties did not agree. Member Daley commented on an additional noise buffer requirement in the airport noise buffer zone. Planner Dudziak explained the noise reduction requirement. Member Dugan asked if the loss of 13 acres Business Park zoned property would substantially impact the City's Comprehensive Guide Plan. Planner Dudziak commented that the area had previously been considered for residential use in 2008, and there is other residential use in the area so this request would not be introducing a new use to the area. Kari Gill, CDA, the applicant, commented on the area and the need for this type of development and noted the property owner Jim Ostenson was available for questions as well. Kim Bretheim, LHB Architects, gave a brief description of the constraints on the site. Member Daley asked about the access to the property. W Advisory Planning Commission November 24, 2009 Page 5 of i 1 Kim Bretheim explained the entrance off of Northwood Circle and site circulation. Member Heaney asked if the garages are attached to each unit. Kim Bretheim explained each unit has an attached tuck -under garage which is accessed off the interior private streets . Member Dugan asked if Eagan Fire Department had reviewed the plan. Kim Bretheim explained he had direct conversations with the Fire Marshal and addressed all issues and concerns. Chair Chavez opened the public hearing Mary Damarco, resident / MICAH Representative, commented on the need for a development like this in Eagan. Caroline Sampson, resident / MICAH Representative, supports this development. Don Michaletz, 3255 Lexington Ave S, stated he opposes this residential development because it is so close to a large trucking company and because of the need for air traffic noise abatement. There being no further public comment, Chair Chavez closed the public hearing and turned the discussion back to the Commission. Chair Chavez asked staff to comment on two concerns, change in use of the property and airport noise. City Planner Ridley stated surrounding property zoning and current zoning. He also stated that in 2008 the CDA along with the Eagan Fire Department brought an application for a new fire campus along with attached housing. It was clear the City Council in 2008 was not opposed to housing in this area. The City has taken steps to address airport noise with adding condition #15 to address airport noise. Member Heaney moved, Member Filipi seconded a motion to recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from SA, Special Area, to MD, Medium Density, for a residential townhome development upon approximately 12.91 acres located west of Lexington Avenue and north of Northwood Parkway legally described as Lot 2, Block 1, Northwood Business Park 3`d Addition. Member Heaney moved, Member Keeley seconded a motion to recommend approval of a Rezoning from BP, Business Park, to PD, Planned Development, upon the 12.91 acre site located west of Lexington Avenue and north of Northwood Parkway, legally described as Lot 2, Block 1, Northwood Business Park 3rd Addition. Member Heaney moved, Member Keeley seconded a motion to recommend approval of a Preliminary Planned Development consisting of 47 dwelling units upon the 12.91 acre site located west of Lexington Avenue and north of Northwood Parkway, legally described as Lot 2, Block 1, Northwoods Business Park 3rd Addition, subject to the following conditions, including -�q Advisory Planning Commission November 24, 2009 Page 6 of 1 1 the addition of condition #15: A written Preliminary Planned Development Agreement shall be executed and recorded with the County Recorder's office. The following exhibits are necessary for the Preliminary PD Agreement. • Preliminary Site Plan • Preliminary Building Elevations • Preliminary Landscape Plan • Preliminary Site Lighting Plan • Preliminary Signage Plan 2. The Preliminary Planned Development shall have a 5 -year term. 3. The owner and applicant and/or developer shall enter into a Final planned Development Agreement with the City prior to issuance of a building permit. The following exhibits are necessary for the Final PD Agreement. • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Site Lighting Plan • Final Signage Plan 4. On- street parking shall be prohibited along the private streets within the development, except for the designated visitor parking stalls. In the event that the street is extended to the south in the future, the basketball court shall be removed. 6. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 7. Prior to Final Planned Development approval, the developer shall submit for recording proposed conservation easements for the wetlands and wetland buffers in a form and with content acceptable to the City. The developer shall be responsible for recording acceptable conservation easements. The developer shall place markers at the upland edge of the Wetland Buffer at least every 75 feet (or a minimum of one per lot). Wetland Buffer Markers will be provided by the City. "75 Advisory Planning Commission November 24, 2009 Page 7 of 11 9. If the property owner of Parcel 10- 01000 -010 -750 (3255 Lexington Avenue) is agreeable to accepting a private street access easement covering the private streets within the Eagan Northwoods development for possible use with future development of Parcel 10- 01000 -010- 750 (3255 Lexington Avenue), the applicant shall prepare and record the easement subject to review and approval by the City Attorney. 10. The applicant shall be required to fulfill tree mitigation requirements through the installation of thirty (30) Category B trees. 11. The applicant shall protect the preserved tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved on -site. 12. The applicant shall contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 13. This proposal shall be subject to a cash parks dedication. 14. This proposal shall be subject to a cash trails dedication. 15. Architectural designs and construction methods for new construction within the development shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA. This requires a minimum inside noise level reduction of 19 dBA. A vote was taken. All voted in favor. Motion carried 7 -0. /l Agenda Information Memo April 6, 2010 Eagan City Council Meeting V. CONTRACT 10 -02, CITYWIDE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Award Contract 10 -02 (Citywide Street Improvements) to Bituminous Roadways, Inc., for the base bid in the amount of $909,450.15 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The street improvements of o Lexington Parkview (City Project 1008) o Greensboro Addition (Project 10 18) o Thomas Lake Woods (Project 1020) o Overbill Farm (Project 1022) o Eagan Royale/ Safari Estates 2 "d/ Safari 3`d & 4"' (Project 1023) o Oak Cliff 4'h Addition (Project 1025) o Northview Meadows 2nd Addition (Project 1026) o Patrick Road (Project 1027) are all programmed for 2010 in the City's 5 -Year Capital Improvement Program (2010 - 2014). • On January 5, 2010, the City Council authorized the street improvements for Greensboro Additions (including Hunter Lane stub street removal, City Project 1018), Overbill Farm (Project 1022), Northview Meadows 2"d Addition (Project 1026), and Patrick Road (Project 1027). • On January 19, 2010, the City Council authorized the street improvements for Thomas Lake Woods (Project 1020), Eagan Royale/ Safari Estates 2 "d/ Safari 3`d & 4`" (Project 1023), and Oak Cliff 4"' Addition (Project 1025). • On February 16, 2010, the City Council authorized the street improvements for Lexington Parkview (Project 1008). • The bituminous overlay of the driveway to the City's Safari Water Reservoir, as scheduled and approved in the City's 2010 Water Utilities budget, is also included in Contract 10 -02. • These projects have been combined under one contract (Contract 10 -02), to increase economies of scale. On February 16, 2010, the Council approved the plans and authorized the advert isement for solicitation of competitive bids for Contract 10 -02. • Feasibility Report estimates were prepared based on the excellent bids received during the 2009 construction season, and the competitive bids again came in even lower still by a substantial amount. Bid unit prices are reflective on those experienced approximately 7 years ago. • On March 18, 2008, the Council approved the use of best -value solicitation of bids, as allowed by State statutes, providing for the consideration of bidders expected performance in relation to their submitted bid. At 10:30 a.m. on April 1, 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 from Bituminous Roadways, Inc., has been reviewed by the Engineering Division to provide the best value and is in order for favorable Council action. ATTACHMENTS: • Bid Summary, page -70. BID SUMMARY - CITY CONTRACT 10 -02 LEXINGTON/ PARKVIEW ADDITION GREENSBORO ADDITION PROJECT NO. 1008 PROJECT NO 1018 Overlay Overlay THOMAS LAKE WOODS OVERHILL FARM ADDITION PROJECT NO. 1020 PROJECT NO. 1022 Overlay Overlay EAGAN ROYALE/ SAFARI ESTATES/ OAKCLIFF 4"" ADDITION SAFARI 3RD & 4T" PROJECT NO 1025 PROJECT NO 1023 Overlay Overlay $91,555 NORTHVIEW MEADOWS 2ND PATRICK ROAD PROJECT NO 1026 PROJECT NO 1027 Overlay Overlay Bid Date/ Time: 10:30 a.m., Thursday, April 1, 2010 Contractors Total Base Bid Technical Score Adjusted Score* 1. Bituminous Roadways, Inc. $909,450 9.14 99,502 2. McNamara, Inc. $967,324 9.18 105,373 3. Hardrives, Inc. $933,737 8.65 107,946 4. T. A. Schifsky & Sons, Inc. $967,653 7.72 125,344 *Best -value contracting: Adjusted Score -Total Base Bid /Technical Score G Projects. &Contracts /10 -02 /Bid Summary Results __T�? 1008 $95,556 $130,500 -26.8% $120,270 -20.5% 1018 $155,438 $189,700 -18.1% $184,100 -15.6% 1020 $91,555 $120,000 -23.7% $111,480 -17.9% 1022 $111,918 $147,300 -24.0% $140,080 -20.1% 1023 $216,492 $265,450 -18.4% $275,790 -21.5% 1025 $116,988 $145,910 -19.8% $153,650 -23.9% 1026 $49,801 $56,370 -11.7% $60,140 -17.2% 1027 $59,192 $72,800 -18.7% $64,020 -7.5% Safari Reservoir D/W Overlay $12,645 NA -- $16,290 -22.4% Totals $909,450 $1,128,030 -19.4% $1,125,820 -19.2% G Projects. &Contracts /10 -02 /Bid Summary Results __T�? Agenda Information Memo April 6, 2010 Eagan City Council Meeting W. CONTRACT 10- 08.2010 CITYWIDE SANITARY SEWER LINING ACTION TO BE CONSIDERED: Receive the Bids and award Contract 10 -08 to Insituform for the base bid amount of $112,500 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City Council authorized the rehabilitation of about 5,000 linear feet of existing sanitary sewer pipe located in various areas throughout the City by sanitary sewer lining improvements with the approvals of the Sanitary Sewer Operations and Facilities portion of the 2010 -2014 Capital Improvement Program (CIP) and 2010 operating budget. • All of the construction activity for said improvements has been designed to occur within existing public right -of -way or easements. • On March 25, 2010 at 11:00 a.m., formal bids were received for this project. A copy of the bid tabulation is enclosed. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid from Insituform has been reviewed by the Utility Division and found to be in order for favorable Council Action. ATTACHMENTS: • Bid Tabulation, page�� • Location Map, page S5 ) 9 CITY CONTRACT NO. 10 -08 BID SUMMARY SEWER LINE RENOVATION FOR CURED IN PLACE PIPE Bid Date: Thursday, March 25, 2010 Bid Time: 11:00 a.m. Low Bid $112,500 Budget Amount $160,000 ($32 /ft) Percent Under ( -) Budget 30% under budget cc: Charlie Borash Wayne Schwanz Russ Matthys Tom Colbert Bidder 5% Bid Bond Price per Foot Total Base Bid 1.1 Insituform Technologies Yes $22.50 $112,500 2. Visu- Sewer, Inc. Yes $23.40 $117,000 3. Lametti & Sons, Inc. Yes $25.50 $127,500 4. Veit Yes $28.00 $140,000 Low Bid $112,500 Budget Amount $160,000 ($32 /ft) Percent Under ( -) Budget 30% under budget cc: Charlie Borash Wayne Schwanz Russ Matthys Tom Colbert V °- 2010 Sewer Lining _ _ i City Boundary w iv %.Ir YYVIIlF11CA.� C City of Eagan a) Water Bodies Dept. of Public Works t) Created: February 26 2010 di 1 Map )orinrormaW-1 purposes only. Parks J L \USERS\PUBWORKS\Projects \Utilities\ �q Santary _ Sewer\ Sanitary _ Maint\2009CIPLining8x11Podrad=d at of Ea Agenda Information Memo April 6, 2010 Eagan City Council Meeting X. DAKOTA COUNTY TRAFFIC SIGNAL IMPROVEMENT AGREEMENT ACTION TO BE CONSIDERED: Approve a Traffic Control Signal Agreement for Project 925 (Yankee Doodle Road and Promenade Avenue — Intersection and Street Improvements) with the Dakota County Transportation Department and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The Dakota County Transportation Department has scheduled various improvements to the west segment of Yankee Doodle Road, from Denmark Avenue to Lexington Avenue, for 2011. The installation of a traffic signal at the Promenade Avenue and Yankee Doodle Road intersection (together with the construction of a public street between Yankee Doodle Road and Town Centre Drive) is included in the scope of improvements. • Project 925 includes the installation of a traffic signal at the intersection of Yankee Doodle Road and Promenade Avenue with street lights, emergency vehicle pre- emption, and signing at the intersection, interconnection to the existing Yankee Doodle Road traffic control signals at Denmark Avenue and Lexington Avenue, and associated improvements at the existing signals. • In 2009, the signal improvement ranked 4th out of about 49 possible transportation department signal installations throughout Dakota County. Safety issues heightened the ranking. • An agreement between the City of Eagan and the Dakota County Transportation Department has been prepared providing for the cost, maintenance, and operation of the traffic signal improvements. As set forth in the agreement, the City's financial share of these improvements is 50% of the construction, engineering, and inspection costs (Estimated Total Construction & Engineering Cost = $250,000.00). The City of Eagan's share of $125,000.00 will be the responsibility of the Major Street Fund. A $3,000 grant from the University of Minnesota will be applied to the installation of pedestrian countdown timers on the traffic signal. • City staff have reviewed this agreement and found it to be similar to other traffic signal agreements and in order for favorable Council action. M. Agenda Information Memo April 6, 2010 Eagan City Council Meeting Y. AUTHORIZE DESIGN NINE AS 2010 BROADBAND CONSULTANT ACTION TO BE CONSIDERED: To Authorize Design Nine as Eagan's 2010 Broadband Consultant for a cost not to exceed $25,000 and direct staff to enter into an agreement with Design Nine, subject to approval by the City Attorney. FACTS: ➢ In pursuit of the City Council's adopted 2009/2010 goal to address the "evolving `infostructure' bandwidth, capacity and speed needs" in Eagan, on November 10, 2009, the City Council heard a presentation from Eagan broadband consultant, Dr. Andrew Cohill, of Design Nine. The Council reacted favorably to the two major recommendations and directed final preparation of the consultant's report. On February 1, 2010 the City Council formally accepted the final broadband report from Design Nine, including the key recommendation to "Work with the local business community to build a modest colocation facility" or carrier hotel to attract additional fiber providers, serve as a redundant data center for Eagan businesses and others needing off -site data storage. The next steps to achieve the recommendations include convening a stakeholder discussion to talk about specific local business needs /technical requirements in a colocation facility, provider interest, willingness to participate in ownership, and identification of specific site selection alternatives with three different size and cost options. - Design Nine's professional expertise is needed to take these next steps, but the City's prior agreement expired upon the successful completion of their report. It is estimated that the costs to achieve the next steps outlined above will not exceed $25,000. Funding for this project is available from City franchise funds (non- taxpayer dollars.) Council authorization will direct staff and the City Attorney to conclude a new agreement with Design Nine and begin work without delay to bring specific colocation options back to the City Council and potential partners for decision and approval. ATTACHMENTS: • None • Agenda Information Memo April 6, 2010 Eagan City Council Meeting Z. CEDAR GROVE TRANSIT STATION (MVTA) RIGHT -OF -WAY VACATION ACTION TO BE CONSIDERED: Reschedule a public hearing to consider the petition to vacate public right -of -way formerly known as Old Sibley Highway and Old Sibley Memorial Highway to be held on May 4, 2010. FACTS: • On February 26, 2010, City staff received a letter from Kim Donat of Best & Flanagan LLP, representing the development applicant, requesting the vacation of existing public right -of- way upon the property being platted as the Cedar Grove Transit Station, located west of the intersection of Cedar Grove Parkway and Nicols Road. • On March 2, the City Council received the petition to vacate public right -of -way formerly known as Old Sibley Highway and Old Sibley Memorial Highway and scheduled a public hearing to be held on April 6, 2010. • The right -of -way was originally part of State Highway 13 in two different locations previous to its current location. The state right -of -way was turned back to the City in the early 1980's as upgrades and relocations of Highway 13 took place. These turn -backs ultimately became segments of our local City streets; Old Sibley Highway and Old Sibley Memorial Highway. • The proposed vacation of the Old Sibley Highway right -of -way segment is no longer used for any public purposes. The portion of the Old Sibley Memorial Highway accommodates existing public and private utilities. • The purpose of the request is to allow the Minnesota Valley Transit Authority (MVTA), in conjunction with the Metropolitan Council, to construct a new transit station along the edge of the Cedar Grove Redevelopment Area that will be a part of the Cedar Avenue Bus Rapid Transit (BRT) Corridor. • The request would vacate the right -of -way, but reserve the drainage and utility easement for the existing and future utilities within Old Sibley Memorial Highway. All City rights to the Old Sibley Highway right -of -way would be vacated. • Notices were sent to all potentially affected and/ or interested utilities for comment, but were not published in the legal papers in accordance with statutory requirements to comply with the originally scheduled April 6 public hearing necessitating the need to set a new public hearing date. • Notices will be published in the legal papers for the proposed rescheduled public hearing date of May 4, 2010. g� Agenda Information Memo April 6, 2010, Eagan City Council Meeting AA. EXTENSION FOR RECORDING FINAL PLAT (CEDAR GROVE PARK AND RIDE) — MVTA ACTION TO BE CONSIDERED: To approve a 60 -day extension of time to record the Final Plat for Cedar Grove Park and Ride, consisting of 9 acres, located at 4035 Nicols Road. FACTS: ➢ The City Council approved the Final Plat on September 15, 2009. ➢ A six month extension to record the plat was granted on November 17, 2009. ➢ The City Council also approved a one month extension on February 16, 2010. ➢ The requested 60 -day extension would allow until June 14, 2010, for the plat to be recorded. ➢ The extension is necessary to allow for the May 4, 2010 Public Hearing and action to vacate right -of -way associated with the Final Plat. Said vacation must occur prior to recording the Final Plat. ATTACHMENT (1): Location Map, page Agenda Information Memo April 6, 2010 Eagan City Council Meeting CONSENT AGENDA BB. SET PUBLIC HEARING DATE FOR MAY 4, 2010 TO CERTIFY DELINQUENT UTILITY BILLS ACTION TO BE CONSIDERED: To set a public hearing for May 4, 2010 to consider the final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. FACTS: On a semi - annual basis, the City reviews and considers delinquent utility balances for certification to property tax statements for collection. No attachments • Agenda Information Memo April 6, 2010 Eagan City Council Meeting OLD BUSINESS A. ORDINANCE AMENDMENT - CHAPTER 6, OTHER BUSINESS REGULATION, SECTION 6.34, TOBACCO (TOBACCO LICENSEES DERIVING 90% OR MORE OF ITS TOTAL REVENUE FROM TOBACCO, TOBACCO PRODUCTS AND TOBACCO RELATED DEVICE SALES) ACTION TO BE CONSIDERED: • To approve an ordinance amendment to Chapter 6, Other Business Regulation, Section 6.34 Tobacco. FACTS: • At the February 1, 2010 Listening Session the City Council directed staff to survey neighboring cities and prepare a draft ordinance amendment that would allow self service of tobacco products in establishments that do not permit anyone under 21 to enter. (Statutes actually provide for age 18.) • The request was made by Attorney, James MacGillis, representing Ibrahim Aqel, owner of Eagan Cigars & Tobacco Store. • Currently, Eagan makes no differentiation in the Code between the licensing of tobacco stores and tobacco sales at a PDQ store for example, it's all tobacco sales. • Tobacco sales are currently regulated by State Statutes as well as by the City. • Federal legislation has granted FDA authority to regulate, although there are no FDA Rules promulgated yet. • The City's regulations can be more restrictive, but cannot be "in conflict' with State Statutes or Federal regulations. • There are currently 50 tobacco licenses issued in the City, one of which is issued to a tobacco store. • At the Special City Council meeting on March 9, 2010, the Council directed staff and the City Attorney's Office to prepare an ordinance amendment that would use the State Statute exception for self - service, but not for vending machines. The Council further directed that no other changes be made to the tobacco regulations at this time. The net effect of the proposed ordinance amendment will be the status quo for all non - tobacco stores and the State Statute exception for self- service for tobacco stores. • The language of the amendment makes it clear that the licensee /license must apply for and be authorized to sell by self - service. The licensee will need to request to be exempted when applying for or renewing a tobacco license which will give the City the knowledge and control of licenses exempted. ATTACHMENTS: • Enclosed on pages and is a copy of the proposed ordinance amendment. ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY AMENDING SECTION 634, SUBDIVISION 14, REGARDING UNLAWFUL TOBACCO SALES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 6 is hereby amended by changing Section 6.34, Subdivision 14, to read as follows: Subd. 14. Unlawful Sales. It shall be unlawful for any person to sell or offer to sell any tobacco, tobacco product or tobacco related device: A. To any person under the age of 18 years; B. By means of any type of vending machine; C. By means of self-service merchandising of individually packaged tobacco or tobacco products, unless granted an exemption under the licensee's license as provided herein; D. Containing opium, morphine, jimpson weed, belladonna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic, or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. A licensee under this Section may be exempt from the self - service merchandising prohibition set forth above if: (1) The licensee's establishment derives 90% or more of its total revenues from tobacco, tobacco products and tobacco related device sales; (2) The licensee prohibits any person under the age of 18 from entering the licensed premises at all times; and (3) The licensee's license authorizes self service merchandising and is subject to the condition that no person under the age of 18 shall be permitted within the licensed premises at an ty ime. t, Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: Maria Petersen Its: City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: CITY OF EAGAN City Council By: Mike Maguire Its: Mayor �f Agenda Information Memo April 6, 2010, Eagan City Council Meeting VII. NEW BUSINESS A. CONDITIONAL USE PERMIT— ALEXANDER'S MOVING AND STORAGE ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit for outside storage of semi trailers on property located at 2811 Beverly Drive, legally described as Lot 1, Block 1, Atlas Addition, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ➢ The applicant's proposal includes a Conditional Use Permit (CUP) for outdoor storage of up to 22 semi trailers. ➢ The property is zoned I -1 (Limited Industrial). ➢ Outdoor storage is an approved use in the Industrial Zoning district; via a CUP. ➢ A 218,000 sq. ft. office /distribution center was built in 2007. Alexander's Moving and Storage proposes to lease approximately 50,000 sq. ft. in the east side of the building. ➢ The Advisory Planning Commission held a public hearing on March 23, 2010, and is recommending approval of the CUP. ISSUES: ➢ The applicant has submitted a letter, regarding proposed condition number 6. The applicant proposes not to enclose or screen the dumpster and trash compactor, because the trailers associated with the outdoor storage will act as a physical screen. Please see the attached letter. If in favor of the applicants' proposal, condition #6 should be removed. 60 DAY STATUS: April 17, 2010 ATTACHMENTS (4): Location map on page. Draft March 23, 2010 APC minutes on pages �- through Staff report on pages through Applicant letter dated March 30, 2010 on page qa Location Map Eagan Boundary Right -of -way OPara Park k A Arearea Building Footprint �l c o C,3 � 00 �� So O _ > O � O �Ell o O D 00 `lam` /J ❑ 0 O ❑ O �c 9 O LJ o Sub'ect Site n ° o �n i � — 1000 0 1000 2000 Feet Development/Developer: Alexander's Moving and Storage Application: Conditional Use Permit Case No.: 02- CU- 04 -02 -10 q 2 J City of Eo��� THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information not responsible for errors or omissions. and are N w E S Community Development Department Advisory Planning Commission March 23, 2010 Page 2 of 7 IV. PUBLIC HEARINGS A. Alexander's Moving and Storage Applicant Name: R. J. Ryan Construction, Inc. Location: 2811 Beverly Drive; Lot 1, Block 1, Atlas Addition Application: Conditional Use Permit A Conditional Use Permit to allow outdoor storage of semi trailers. File Number: 02- CU- 04 -02 -10 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated March 18, 2010. She noted the background and history. Chair Chavez opened the public hearing. There being no public comment, Chair Chavez closed the public hearing and turned the discussion back to the Commission. Member Supina stated he would like to see additional landscape screening on the grassy areas near the truck scale, partially screening the outdoor storage. Member Filipi stated there is no regulatory reason to require additional landscaping City Planner Ridley explained that there is no net tree loss and the original landscaping exists; however, the Advisory Planning Commission could recommend to the City Council that the Conditional Use Permit require additional landscape screening to soften the view of the trailers. Member Keeley moved, Member Heaney seconded a motion to recommend approval of a Conditional Use Permit to allow outdoor storage of semi trailers for property located at 2811 Beverly Drive, legally described as Lot 1, Block 1, Atlas Addition, 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 applicant shall submit a revised Site Plan with the revised parking stall locations, identifying the setback from Beverly Drive right -of -way, stall /drive aisle dimensions and proof -of- parking locations. No net loss of parking shall occur. 3. The applicant shall construct a minimum of 13 parking stalls by October 1, 2010. 4. The proof -of- parking area shall be constructed within 90 days of notification from the City. 5. The outdoor storage shall be limited to a maximum of 22 semi - trailers and storage shall occur in the designated parking areas as indicated on the Site Plan received March 3, 2010. 6. The applicant shall enclose the trash and /or recycling containers in an enclosure that meets City Code requirements no later than July 1, 2010. 7. Impacted trees shall be relocated as identified on the Landscape Plan received March 3, 2010. No net loss of trees shall occur. 8. The applicant shall construct the new entrance onto Beverly Drive with a concrete entrance apron in accordance with City engineering standards. 9. The applicant shall also modify the existing catch basin structure impacted by the new entrance on Beverly Drive, in accordance with City engineering standards. Advisory Planning Commission March 23, 2010 Page 3 of 7 Member Heaney stated the trucks are not visible from Highway 55 and therefore additional screening should not be required. Member Filipi stated the outdoor storage does not appear to be in disorder and the land use surrounding the site is Limited Industrial; therefore, it is not necessary to require additional screening of the outdoor storage. A vote was taken. All voted in favor. Motion carried 7 -0. V� PLANNING REPORT CITY OF EAGAN REPORT DATE: March 18, 2010 APPLICANT: R. J. Ryan Construction CASE: 02- CU- 04 -02 -10 HEARING DATE: March 23, 2010 PROPERTY OWNER: Atlas of Minnesota, Inc APPLICATION DATE: Feb. 16, 2010 REQUEST: Conditional Use Permit LOCATION: 2811 Beverly Drive PREPARED BY: Sarah Thomas COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I -1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of semi trailers for property located at 2811 Beverly Drive, legally described as Lot 1, Block 1, Atlas Addition. AUTHORITY FOR REVIEW 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. 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. Planning Report — Alexander's Moving R Storage March 23, 2010 Paae 2 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. 8. Is appropriate after considering whether the property is in compliance with the City Code. 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. BACKGROUND /HISTORY Alexander's Mobility Services provides a full -range of relocation, transportation, logistics and related mobility services. They are proposing to lease 60,000 SF of the building. EXISTING CONDITIONS The 15 acre lot was redeveloped in 2007 with a 218,000 SF office /distribution center. U -line, Inc, currently leases the east side of the building. Alexander's Mobility Services proposes to lease the remaining west half of the building. The existing parking lot and storm drainage system were constructed with development of' the building in 2007. A public frontage road (Beverly Drive) adjacent to Highway 55 was also constructed with development. q7 Planning Report — Alexander's Moving & Storage March 23, 2010 Paae 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Compatibility with Surrounding Area — The subject site and area south of Hwy. 55 is zoned I -1, Limited Industrial and developed with industrial office /warehouse building. The area along the north side of Hwy. 55 is zoned BP, Business Park. That area has experienced redevelopment over the last decade including the construction of the Spectrum office building and multiple Grand Oak Business Park buildings. While the subject site is zoned I -1 and outdoor storage is allowed as a conditional use in the I -1 zoning district, outside storage is not permitted in the BP zoning district. The proposal appears consistent with the land use designation of Limited Industrial. Site Plan — The applicant is proposing outdoor storage of up to 22 semi - trailers. Specifically, 8 trailers are proposed to be stored on the west side of the building and 14 trailers stored behind the building. The rear storage is proposed in an area originally constructed with 13 parking stalls and approved and planned for 20 proof -of- parking stalls. The applicant is proposing to add 23 parking stalls in front of the building to mitigate the loss of the 13 parking stalls at the rear of the building and 20 proof -of- parking stalls. Four of the 23 parking stalls are located within the 20 foot setback from the Beverly Drive right -of -way. A revised Site Plan should be submitted that relocates these stalls, and identifies the setback and the parking stall /drive aisle dimensions. The Site Plan should also include additional proof -of- parking so there is no net loss of parking stalls (minimum of 13 built /20 proof -of- parking). The proof -of- parking should be constructed within 90 days of notice by the City if parking issues arise. The applicant also proposes the addition of a truck scale in the northwest portion of the site. The potential impact of the truck scale operation on site circulation/maneuvering is discussed later in this report under "access /parking lot ". Outdoor Storage — The ordinance standards for outside storage are outlined below. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. Existing Use Zoning Land Use Designation North Hwy. 55 /Office BP, Business Park SA, Special Area West Industrial 1 -1, Limited Industrial IND, Limited Industrial East Industrial I -1, Limited Industrial IND, Limited Industrial South Railroad /industrial I -1, Limited Industrial IND, Limited Industrial EVALUATION OF REQUEST Compatibility with Surrounding Area — The subject site and area south of Hwy. 55 is zoned I -1, Limited Industrial and developed with industrial office /warehouse building. The area along the north side of Hwy. 55 is zoned BP, Business Park. That area has experienced redevelopment over the last decade including the construction of the Spectrum office building and multiple Grand Oak Business Park buildings. While the subject site is zoned I -1 and outdoor storage is allowed as a conditional use in the I -1 zoning district, outside storage is not permitted in the BP zoning district. The proposal appears consistent with the land use designation of Limited Industrial. Site Plan — The applicant is proposing outdoor storage of up to 22 semi - trailers. Specifically, 8 trailers are proposed to be stored on the west side of the building and 14 trailers stored behind the building. The rear storage is proposed in an area originally constructed with 13 parking stalls and approved and planned for 20 proof -of- parking stalls. The applicant is proposing to add 23 parking stalls in front of the building to mitigate the loss of the 13 parking stalls at the rear of the building and 20 proof -of- parking stalls. Four of the 23 parking stalls are located within the 20 foot setback from the Beverly Drive right -of -way. A revised Site Plan should be submitted that relocates these stalls, and identifies the setback and the parking stall /drive aisle dimensions. The Site Plan should also include additional proof -of- parking so there is no net loss of parking stalls (minimum of 13 built /20 proof -of- parking). The proof -of- parking should be constructed within 90 days of notice by the City if parking issues arise. The applicant also proposes the addition of a truck scale in the northwest portion of the site. The potential impact of the truck scale operation on site circulation/maneuvering is discussed later in this report under "access /parking lot ". Outdoor Storage — The ordinance standards for outside storage are outlined below. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. Planning Report — Alexander's Moving & Storage March 23, 2010 Page 4 An enclosure is not proposed. The enclosure requirement is intended to provide security and containment. With screening partially provided by a slight change in grade (approximately 4 feet), and the only storage item being trailers, an enclosure may not be necessary. It is a policy matter for City officials to determine whether an enclosure is needed. 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. All setbacks appear to be met. 3. The outdoor storage area shall be screened from view from the public right -of -way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The adjacent area to the north is zoned and guided for Business Park use; other adjacent properties are zoned I -1. There are no residential properties in the area surrounding the subject site. City Code does require screening from the public right -of -way. This site is in a highly visible location along a state highway and adjacent to an office park where outdoor storage is not permitted. No additional landscaping is proposed to provide additional screening. The building itself will provide screening of the trailers located behind the building; however, there will be limited screening of the 8 trailers located on the west side of the building. Similar to the enclosure requirement (see #1 above), it is a policy decision whether screening is necessary. 4. The storage area shall not interfere with any pedestrian or vehicular movement. The proposed Site Plan indicates that the storage will not interfere with any pedestrian or vehicular movement. 5. The storage area shall not take up required parking spaces or landscaping areas. The applicant proposes to add additional parking in front of the building to accommodate for the loss of both the constructed and proof -of- parking behind the building. The green space minimum requirement of 25% is met. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The area proposed for outdoor storage consists of existing bituminous. Landscaping — The site contains existing landscaping from the 2007 redevelopment. Approximately 13 trees will be relocated to accommodate the design of the truck scale and front parking lot. There should be no net tree loss with these site modifications. vy Planning Report — Alexander's Moving R Storage March 23, 2010 Page 5 Trash Enclosure — A site visit identified a dumpster located adjacent to the west side of the building. The City Code requires trash and recycling containers to be located in an enclosure. The applicant should place the dumpster inside the building or construct an enclosure per City Code requirements. Grading /Storm Drainage — No changes are proposed to the existing conditions. Access /Parking Lot — Access to the site is currently from two driveway entrances onto the Beverly Drive frontage road, which leads to Highway 55 at Blue Water Road. The accesses onto Beverly Drive will remain unchanged with this development, and a new enter -only entrance from Beverly Drive is proposed. The new entrance will be constructed with a weight scale to be utilized by Alexander's Mobility Services. Because of the close proximity of the scale to the Beverly Drive /Highway 55 access, there are concerns regarding the possible queuing of trucks waiting to enter the scale. The applicant has indicated that these occasions would be rare, and that in these events, the trailing truck driver would pull into the parking lot and wait until the scale clears. The applicant should construct the new entrance with a concrete entrance apron in accordance with City engineering standards. The applicant should also modify the existing catch basin structure impacted by the new entrance, in accordance with City engineering standards. SUMMARY /CONCLUSION The applicant is requesting approval of a Conditional Use Permit (CUP) for the outdoor storage of up to 22 semi - trailers. The property is located within an industrial zone where outdoor storage is common. The proposed outdoor storage occurs in the side and rear yard of the property. The proposed trailer storage satisfies four of the six outdoor storage criteria. Two outdoor storage standards are not met; 1) an enclosure is not provided, although one may not be necessary, and 2) additional screening is not provided, although it may not be necessary. Conditions which are satisfied include setbacks, access /circulation, parking, and surfacing. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow outdoor storage of semi trailers for property located at 2811 Beverly Drive, legally described as Lot 1, Block 1, Atlas Addition. If approved the following conditions shall apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The applicant shall submit a revised Site Plan with the revised parking stall locations, identifying the setback from Beverly Drive right -of -way, stall /drive aisle dimensions and proof -of- parking locations. No net loss of parking shall occur. 3. The applicant shall construct a minimum of 13 parking stalls by October 1, 2010. /w Planning Report — Alexander's Moving & Storage March 23, 2010 Page 6 4. The proof -of- parking area shall be constructed within 90 days of notification from the City. 5. The outdoor storage shall be limited to a maximum of 22 semi - trailers and storage shall occur in the designated parking areas as indicated on the Site Plan received March 3, 2010. 6. The applicant shall enclose the trash and /or recycling containers in an enclosure that meets City Code requirements no later than July 1, 2010. 7. Impacted trees shall be relocated as identified on the Landscape Plan received March 3, 2010. No net loss of trees shall occur. 8. The applicant shall construct the new entrance onto Beverly Drive with a concrete entrance apron in accordance with City engineering standards. 9. The applicant shall also modify the existing catch basin structure impacted by the new entrance on Beverly Drive, in accordance with City engineering standards. I� i I� Location Map Eagan Boundary Right -of -way Parcel Area OPark Area Building Footprint L —. o C O n 1000 0 1000 2000 Feet Development/Developer: Alexander's Moving and Storage Application: Conditional Use Permit Case No.: 02- CU- 04 -02 -10 N THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E City of Eaph The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. S Community Development Department Current Zoning and Comprehensive Guide Plan Land Use Map Alexander's Moving and Storage Conditional Use Permit 02- CU- 04 -02 -10 Zoning Map Land Use Map BP P � I-1 jga c� -6� srgrf yL� "1{ Location Z\ _ o n, Current Zoning: �� "^ "" Location ° a o o q SA PD s Limited Industrial P Ll o � _ U0 13 IND O orO J•t Ej:-] Ep- ❑ JND Q P,F eoo o eoo uoo Feet Comprehensive Guide Plan Land Use Map O SA nn LJ j¢l�f, IND S Location Z\ _ o n, Current Land Use Designation: a o o q SA IND ] I� IND J O INb Limited Industrial Ll IND f � Ep- ❑ JND eoo o eoo 1200 F..t IND Parcel base map Information provided by Dakota County Land Survey Department Decmber 2005. N I 6 � Zoning Information maintained by City Staff. City f E� a� /I ' Y � THIS MAP /S INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. S AERIAL MOC t -lie 5 a� yac 7 Nz. , - - �__ �' r i v, y. t s �': ♦4�'� �, it �s '1.',}.;�,� "- Y'> �. +sue �```,Y'x �` s g r •.� �' �; I SITE PLAN 'E2 n' F x�r ;LV ' 9 .gyp_ a a G- K oz v\�x_� rT s.r r� GO s sib R�� s> o � 0 ALEXANDER'S oY0.�B9 y °3m MOVING AND STORAGE z g ' Dart Warehouse IV, Eagan, Minnesota " y � � 6� EXISTING 1P B / zi / F s 2� y Rd�B� °a 3i�f➢S�R� P€ pa� pE{ � •; c4 III .�- F'�'T'j� � ;4a! 3 ��G �i��ng �ik�'� � ¢�n�K�� � aR2' `HNIVc c�a a RF s a ` R t s = `� •i'•qii r ;sca pP ro ^e d �iRkf e YY P � €= aT x1c €3 11 ilil aS 1j. `ifF aa ®t7y < . �d0 $ > m R i- laigq -3 ; 5$Ra �a F.d 2 i Y .� iP• �� � ' ga d'�d,d• Sy'_�? .4 $ 4 Virg �' g; 5 -gig €� c 3 a a r �o• p asS= Its ;� � ss., s5 §� _ g sae <d ;�e °� - - %i - 31: ��� e • d8aa sd €, ds %rs= F =, _ — — •f if 8da s'- �'' Y- d7 ?11P 3 ^' im s9{Yi ��5.px a. g5'4r �° e � - -e�:�,J �i „° �I2a • a s L _ = d_'_ ioii � �c 3a€ � 1•��A:.. 3 3 ipi•_s 22 Ye :5 0 _ • $� 6 - � 3 � v";l�; - i'' r yie 'a� z e-y ig§ � - ' 2 3 "WHO i •Pd - sa R¢ 4 : 4'•3\ x ''a -°9_• P �;, a : ? _ �_ =s 6-i , : se-d p 99I i.� -PR : �' E' a @p..9' -"a •�Y $ds " 8„e: a��a;. •°• `; °, S1 S''" ae d '- � ��. � 5 de �3 �� "gy °� iyY 4 •d'v' r -_`�. p'i 'esd q :� •_ � Vz 4 e�; s' i i z -', PI` -a � :� d: :e �, i _� r- �� S +a PFV s• TAI_€ _s 55 g 4 v e s a 5 ixaYd r• ya' �a -. ;s`s _ Im a= i1 Proposed Building DART WAREHOUSE IV <_ i °Y - s Eagan, Minnesota - 1 �e Sc� �$e �g D .'a A a z n O D Z 1G iih 150 C / ell, ��� � a � � i� oti• � ferry` ,c p I 1P B / zi / F s 2� y Rd�B� °a 3i�f➢S�R� P€ pa� pE{ � •; c4 III .�- F'�'T'j� � ;4a! 3 ��G �i��ng �ik�'� � ¢�n�K�� � aR2' `HNIVc c�a a RF s a ` R t s = `� •i'•qii r ;sca pP ro ^e d �iRkf e YY P � €= aT x1c €3 11 ilil aS 1j. `ifF aa ®t7y < . �d0 $ > m R i- laigq -3 ; 5$Ra �a F.d 2 i Y .� iP• �� � ' ga d'�d,d• Sy'_�? .4 $ 4 Virg �' g; 5 -gig €� c 3 a a r �o• p asS= Its ;� � ss., s5 §� _ g sae <d ;�e °� - - %i - 31: ��� e • d8aa sd €, ds %rs= F =, _ — — •f if 8da s'- �'' Y- d7 ?11P 3 ^' im s9{Yi ��5.px a. g5'4r �° e � - -e�:�,J �i „° �I2a • a s L _ = d_'_ ioii � �c 3a€ � 1•��A:.. 3 3 ipi•_s 22 Ye :5 0 _ • $� 6 - � 3 � v";l�; - i'' r yie 'a� z e-y ig§ � - ' 2 3 "WHO i •Pd - sa R¢ 4 : 4'•3\ x ''a -°9_• P �;, a : ? _ �_ =s 6-i , : se-d p 99I i.� -PR : �' E' a @p..9' -"a •�Y $ds " 8„e: a��a;. •°• `; °, S1 S''" ae d '- � ��. � 5 de �3 �� "gy °� iyY 4 •d'v' r -_`�. p'i 'esd q :� •_ � Vz 4 e�; s' i i z -', PI` -a � :� d: :e �, i _� r- �� S +a PFV s• TAI_€ _s 55 g 4 v e s a 5 ixaYd r• ya' �a -. ;s`s _ Im a= i1 Proposed Building DART WAREHOUSE IV <_ i °Y - s Eagan, Minnesota - 1 �e Sc� �$e �g D .'a A a z n O D Z 1G - - -- LANDSCAPE PLAN �d� /'/ \r / ti / le, V,i, •�A '7 r / / � r / �6N erg @li A .S , °.gg' "" °fix - a os p �G iTl o egn ALEXANDER'S = MOVING AND STORAGE - .� _ Dart Warehouse IV, Eagan, Minnesota z /a-7 JRyan Construction, Inc. 1100 Mendota Heights Road Mendota Heights, MN 55120 (651) 681 -0200 Fax (651) 681 -0235 February 18, 2010 Revised March 3, 2010 �;°: €' City of Eagan 3830 Pilot Knob Rd RECEIVED Eagan, MN 55122 MAR 2 0 3 010 Attn: Planning and Zoning Department Re: Conditional Use Permit 2811 Highway 55 To Whom It May Concern: On behalf of Atlas of Minnesota, Inc., R.J. Ryan Construction is requesting a conditional use permit for the above - referenced address. A conditional use permit is a request for overnight storage of semi - trailers on the existing property. The building is a 218,000 sq. ft. office /distribution constructed in August 2007. Uline, Inc. is currently leasing the east half of the building and the west half is vacant with a proposed pending lease to Alexander Moving and Storage for approximately 60,000 sq. ft, of the remaining west half of the building. The proposed changes to the site would include an additional driveway entrance for an exterior truck scale to be located on the west property line. Addition of approximately Ll� ('2Q) new car parking stalls at the front of the building, provisions for (14) trailers in the rear of the building and (8) trailers at the west side of the building. The site is currently zoned 11 which would allow for trucking and warehousing distribution but does not have a conditional use permit which we are requesting. If you have any further questions, please do not hesitate to call. Sincerely, R.J. RYAN CONSTRUCTION, INC. Ja Grotkin Co- President A.M. - Conditional Use Permit for Atlas of MN Rev 3- 3- 10.doc jog An Equal Opportunity Employer 7 Alexander's March 2, 2010 City of Eagan Attn: Sarah Thomas - Planning Dept 3830 Pilot Knob Road Eagan, MN 55122 Dear Sarah, RECEIVED MAR 0 3 2010 In regards to the truck scale that will be located at 2811 Beverly Drive in Eagan, we utilize the following procedures. If a truck is on the scale and if we have a rare occurrence another truck would be waiting, the waiting truck is required to pull into our lot temporally, exchange their paperwork, then pull on to the scale. This is a current situation we currently enforce in Bloomington and will continue to enforce so there are not any trucks waiting on Beverly Drive, As you can see from the revised site plan, we have relocated the scale to make provisions for a second truck to position itself immediately behind the occupied scale in the event it should occur, leaving Beverly Drive clear of vehicles. Si cerely, Joe Wahl Director of Distribution Services Alexander's Mobility Services 335 E. 78th Street Bloomington, VIN 55420 T 800.328.5673 P 952.881.4128 F 952.881.0252 1d9 Uexatnder�s mo ty March 3, 2010 RECI~IVFD MAR 0 3 2010 City of Eagan Attn: Sarah Thomas - Planning Dept 3830 Pilot Knob Road Eagan, MN 55122 Alexander's Mobility Services provides a full -range of relocation, transportation, logistics, and related mobility services including: Household Good Transportation • Residential relocation moving services International Relocation • Individual family relocation moving services • Corporate relocation moving services Corporate Relocation • - City, state, national, international relocation moving services Office Moving /Facilities Management • Pre /post move coordination • Data center /computer relocations • Manufacturing plant relocations Storage/Warehousing Short and long term storage Specialized Transportation Logistics • Computerized dispatch systems • Shipment tracking • Fine art relocation Government Services Single /multiple office and full facility relocation Sin rely, Joe Wahl Director of Distribution Services Alexander Moving - letter 3 -3 -2010 Alexander's Mobility Services 335 E. 78th Street Bloomington, MN 55420 T 800.328.5673 P 952.881.4128 F 952.881.0252 1C) 4 mo Q' 1 C's mobility services March 29, 2010 City of Eagan 3830 Pilot Knob Road Attention Sarah Thomas Eagan, MN 55122 Re: Action to be considered -item #6 Dear Sarah, RECEIVFO MAR 3 0 201n We are requesting a modification to item #6 regarding enclosing our trash /recycling containers that meets City Code requirements no later than July 1, 2010. The reason we are requesting this modification is because initially the cardboard is temporally placed in the trailer. When the Compactor is emptied, the cardboard in the trailer is loaded into the compactor. The location of the trailer blocks any vision from the highway /service road of the compactor and trash container. Sincerely, l r � Dick Honza General Manager Alexander's Mobility Services 335 E. 78th Street Bloomington, MN 55420 T 800.328.5673 P 952.881.4128 F 952.881.0252 l l Agenda Information Memo April 6, 2010 Eagan City Council Meeting NEW BUSINESS B. TEMPORARY PARKING ON SLATER ROAD — CITY OF EAGAN ACTION TO BE CONSIDERED: Approve or Deny a request to temporarily allow parking on the east side of Slater Road from Cliff Road to Cinnamon Ridge Trail from April 7, 2010, to September 1, 2010. FACTS: In April of 1993, the City Council implemented a parking ban on both sides of Slater Road between Cliff Road (Co. #32) and Cinnamon Ridge Road. The roadway is 32' wide and periodic on- street parking (both sides) created problems for snow and ice operations and concerns about being able to pass through with larger fire trucks. The council directed that no parking signs be installed on both sides of the road at the time. • Following the installation of the signs, (CC action; April 20, 1993) the property management company representing adjacent multi- family properties requested a temporary reprieve (allowing limited on street parking) while additional parking lots were constructed. The city cooperated with that request in June of 1993, and additional on -site parking was added for residents. • At this time, the city has been contacted by representatives of the property management company/ contractors requesting, once again, that the city allow temporary on- street parking to accommodate a number of construction worker personal vehicles expected for refurbishing of the adjacent multi - family properties (roofing, siding, parking lot maintenance) scheduled to begin in April of 2010 (anticipated need is through August of 2010). • Fire Chief Scott and Police Chief McDonald have reviewed the proposal to temporarily "bag" the no parking signs on the east side of the roadway and have determined that it can be allowed without compromising public safety. • City Planner Ridley has reviewed the current supply of off - street parking for these multi - family properties and has determined that the available off - street parking is adequate based on the standards currently required by the city. City Planner Ridley suggests that it is in the city's best interest to provide whatever support possible to encourage reinvestment in that area. ATTACHMENTS: • Letter of Request, page I • Location Map on page l I `l-,-� FRERICHS CONSTRUCTION CINNAMON RIDGE RENOVATION Date: March 29, 2010 To: Tom Stuve City of Egan, Minnesota 3600 Lahore Road Suite 8 St, Paul. MN. 55110 Phone 651.787.0687 Fax 651.787.0407 Subject: Cinnamon Ridge Apartments 4598 Slater Road Egan, MN 55122 Dear Mr. Struve, Cinnamon Ridge apartments will be undergoing exterior renovations, scheduled to begin on or about April 12, 2010, and continuing through September, 2010. Cinnamon Ridge Apartments is requesting on street parking for Slater Road to facilitate construction personnel and resident parking during this time period. The onsite parking is unable to absorb the volume of worker vehicles, storage containers and material stockpile, while maintaining resident parking and building access. Parking on Slater Road is requested to allow adequate parking for two phases of construction. The first phase consists of construction personnel vehicles from April through mid- August. During the second phase, Slater Road parking would accommodate vehicle parking for residents displaced for the removal and replacement of the parking lot pavement. Summary of Activity: Estimated Date April 12 to April 30 May to August 12 Parking Lot Replacement Activity Roofing workers Exterior carpentry Estimated Vehicles Usage 30 to 40 vehicles 20 to 30 vehicles Day usage Day usage August 2 to August 26 Resident parking 30 to 40 vehicles Over night Thank you for your consideration and assistance in this matter. If you require additional information or have questions, please call me at 612 - 250 -4247. Bob Mueller Project Manager " 11?)