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
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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.
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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.
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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,
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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
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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.
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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.
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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.
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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
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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
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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�
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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
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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 .
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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�
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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
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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
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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
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NHENNEPIN
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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
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s
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0 0.5 1 1.5 2 2.5 3
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I �r�,• �' 2030 Framework Planning Areas
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• -- IL
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,
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'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
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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
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Development/Developer: Alexander's Moving and Storage
Application: Conditional Use Permit
Case No.: 02- CU- 04 -02 -10 q 2
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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
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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.
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Location Map
Eagan Boundary
Right -of -way
Parcel Area
OPark Area
Building Footprint
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Development/Developer: Alexander's Moving and Storage
Application: Conditional Use Permit
Case No.: 02- CU- 04 -02 -10
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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
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Construction, Inc.
1100 Mendota Heights Road Mendota Heights, MN 55120 (651) 681 -0200 Fax (651) 681 -0235
February 18, 2010
Revised March 3, 2010 �;°:
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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
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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
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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
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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
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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
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