09/07/2010 - City Council RegularAGENDA
EAGAN CITY COUNCIL
EAGAN MUNICIPAL CENTER BUILDING
September 7, 2010
6:30 P.M.
ROLL CALL AND PLEDGE OF ALLEGIANCE
Q. ( II. ADOPT AGENDA
111. RECOGNITIONS AND PRESENTATIONS
f cl A. Eagan Citizens Crime Prevention Association Food Drive
IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to
p be pulled for discussion)
1.3 A. APPROVE MINUTES
P IA B. PERSONNEL ITEMS
Pl"l C. APPROVE Check Registers
P18 D. APPROVE Massage Therapy Establishment License for Stephanie Dusenberry, 2020 Silverbell Road
#26
f )q E. APPROVE Premises Permit Application for Eagan Lions Club to conduct lawful gambling at Old
Chicago, 1312 Town Center Drive
P a) F. ACCEPT Federal Grant for Water Rescue Equipment
r� 2a G. DIRECT the City Attorney's office to prepare an Ordinance Amendment to Chapter 5 regarding financial
responsibility and insurance certificate requirements of liquor licensees to comply with State Statutes
013 H. APPROVE staff as members of the Absentee Ballot Board
I. DIRECT the City Attorney's Office to prepare an Ordinance Amendment to Chapter 6, Other Business
Regulation and Licensing, Section 6.34 Tobacco to comply with State Statutes
.15J. AUTHORIZE the application of a capital grant from the Metropolitan Regional Arts Council (MRAC) for
p art exhibit supplies and equipment for the Eagan Community Center and the Eagan Municipal Center
1.a1P K. ACCEPT a grant from Arts Midwest for a travel scholarship to attend the Arts Marketing Project
National Conference
fa, L. ACCEPT a donation from the Eagan July 4th Funfest Committee to provide additional electrical service
at the Central Parks Festival Grounds
fO_4*q M. DIRECT preparation of Amendment of Noise Attenuation Ordinance to define post- secondary
education, trade schools and medical facilities as office and commercial uses for noise compatibility
purposes
P.cq N. DIRECT City Attorney to prepare Ordinance Amendments to Chapter 11 specifically as they relate to
pp the definition of the Business Park Zoning District and Seasonal Outdoor Sales
O. APPROVE one time waiver to the Eagan Community Center Outside Food and Beverage Policy to
n allow for the 1501h Anniversary Taste of Eagan Event.
'�• 3 P. APPROVE plans and authorize ad for bids, Contract No. 09 -04, Fish Lake Alum Dosing Settling Basin
2-N Q. RECEIVE Final Assessment Report for Project No. 1008 (Lexington Parkview - Street Overlay) and
schedule public hearing (October 5, 2010)
P33 R. RECEIVE Final Assessment Report for Project No. 1018 (Greensboro - Street Overlay) and Schedule Public
p Lj Hearing (October 5, 2010)
T • 0 1 S. RECEIVE Final Assessment Report for Project No. 1020 (Thomas Lake Woods - Street Overlay) and
O Schedule Public Hearing (October 5, 2010)
1
T. RECEIVE Final Assessment Report for Project No. 1022 (Overhill Farm - Street Overlay) and Schedule
Public Hearing (October 5, 2010)
U. RECEIVE Final Assessment Report for Project No. 1023 (Eagan Royale/ Safari Estates 2 "d/ Safari 3�d & 4th -
Street Overlay) and Schedule Public Hearing (October 5, 2010)
%37 V. RECEIVE Final Assessment Report for Project No. 1025 (Oak Cliff 4th - Street Overlay) and Schedule Public
Hearing (October 5, 2010)
PW. RECEIVE Final Assessment Report for Project No. 1026 (Northview Meadows 2 "d - Street Overlay) and
Schedule Public Hearing (October 5, 2010)
6-1 X. RECEIVE Final Assessment Report for Project No. 1027 (Patrick Road - Street Overlay) and Schedule
Public Hearing (October 5, 2010)
f 4t) Y. APPROVE Telecommunication Lease Agreements with Clear Wireless LLC for the Safari Water Reservoir
4' Z. APPROVE resolution requesting MnDOT Speed Limit Study
Y. q3 AA. Approve On -Sale Wine and 3.2 Percent Malt Liquor License (Beer) for Phong Nguyen, dba Classic Saigon
Restaurant, 1272 Town Centre Drive
BB. Approve On -Sale Liquor and Sunday License for Apple Minnesota LLC, dba Applebee's Neighborhood Grill
4y- & Bar, 1335 Town Centre Drive
V. PUBLIC HEARINGS
VI. OLD BUSINESS
l Ir�A. ORDINANCE AMENDMENT — Amendment to Section 10.11 regarding dog, cat, ferret and horse regulations
�
J and dog licensing; and by adopting by reference Eagan City Code Chapter 1 and Section 10.99.
VII. NEW BUSINESS
10L4 A. PRELIMINARY 2011 BUDGET AND PROPERTY TAX LEVY — Certification of the Preliminary 2011
Budget and Property Tax Levy, and setting of public meeting dates on which the budget and levy will be
discussed.
B. B. CONDITIONAL USE PERMIT —DOVER PARTNERS — A Conditional Use Permit to allow outdoor
storage of semi trailers and trucks located at 1980 Seneca Road.
VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
IX. ECONOMIC DEVELOPMENT AUTHORITY (There are no items at this time)
X. ADI
r• V7 A.
B.
C.
D.
E.
AINISTRATIVE AGENDA
City Attorney
City Council Comments
City Administrator
Director of Public Works
Director of Community Development
XI. VISITORS TO BE HEARD (for those persons not on the agenda)
XII. CLOSED SESSION
XIII. ADJOURNMENT
4 City of Eagan Nano
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: SEPTEMBER 3, 2010
SUBJECT: AGENDA INFORMATION FOR SEPTEMBER 7, 2010 CITY COUNCIL MEETING
ADOPT AGENDA
After approval is given to the September 7, 2010 City Council agenda, the following items are in
order for consideration.
Consent Agenda Information Memo
September 7, 2010, Eagan City Council Meeting
III. RECOGNITIONS AND PRESENTATIONS:
A. Recognize the efforts of Eagan Citizen's Crime Prevention Association
(ECCPA).
FACTS:
• The ECCPA has been in existence since 1985
• It was originally formed to provide a source for reward money that would enable
the Eagan Police Department to offer cash rewards for information that would
help solve crime.
• Since inception, the association has evolved and funded youth safety camp and
the police chaplain corps. The organization has also provided major funding in
support of the police department's traffic unit, canine program, and National
Night Out (NNO).
• In 2010, the association provided approximately $11,000 to help the City
celebrate NNO.
• The money was used to entice our citizens to register their neighborhoods for
NNO.
• In support of the Council's goal to raise 300,000 pounds of food for the local food
shelves, the association sponsored a food drive that raised 36,648 pounds of food.
The members devised a "food raising completion" where the winning
neighborhood would receive a suite at Target Field to watch the Minnesota Twins
play the Toronto Blue Jays on Saturday, October 2, 2010.
• Because of the ECCPA, 192 neighborhoods registered for NNO, 150 were visited
by Eagan Police and Fire along with members of the Minnesota National Guard
and Dakota County Sheriff's Office Mounted Patrol.
• Expected to be in attendance at tonight's meeting are members of the ECCPA,
Lisa Horn from the Eagan Resource Center, and Julie Kronabetter who is
representing the Beacon Hill neighborhood who won the Twin's suite.
Manalee Johnson, President of the ECCPA, will briefly address the council and
present Julie Kronabetter with their prize.
ATTACHMENTS:
None
0
�s
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
August 17, 2010
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Bakken, Fields, Tilley and Hansen. There were no visitors who wished to be
heard.
A regular meeting of the Eagan City Council was held on Tuesday, August 17, 2010 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and
Hansen. Also present were City Administrator Tom Hedges, Community Development Director Jon
Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, Administrative Services Gene
VanOverbeke, Director of Communications Tom Garrison, City Attorney Mike Dougherty and
Administrative Secretary / Deputy Clerk Mira Broyles.
AGENDA
Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the agenda as
presented. Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
Eight new firefighters were introduced and administered the Oath of Office.
CONSENT AGENDA
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent
Agenda as presented. Aye: 5 Nay: 0
A. It was recommended to approve the minutes of the August 2, 2010 regular City Council meeting and
the July 27, 2010 Special City Council meeting as presented.
B. Personnel Items.
1. It was recommended to accept the resignation of Adam Bourassa (effective 8/13/2010), Utilities
Maintenance Worker, and authorize his replacement.
C. It was recommended to ratify check registers dated August 2, 2010 as presented.
D. It was recommended to accept a $70,000 Grant through the Minnesota Department of Public Safety's
Office of Traffic Safety.
E. It was recommended to approve a Police Liaison Services Agreement between the City of Eagan and
Independent School District #196.
F. It was recommended to approve an Amendment to the City Housing Improvement Area Policy.
G. It was recommended to Approve a Five Year Extension of the Easter Lutheran Church Planned
Development located at 4545 Pilot Knob Road.
H. It was recommended to approve a Sound Amplification Permit for Faithful Shepherd Church and
waive fees.
I. It was recommended to approve a Temporary on -Sale Liquor License for Faithful Shepherd Church
and waive fees.
J. It was recommended to approve a Resolution for continued participation in the Local Housing
Incentives Account Program via the Metropolitan Livable Communities Act.
K. It was recommended to approve final payment for Contract No. 10 -17 — Sealcoating.
L. It was recommended to approve Final Payment for Contract No. 10 -02, City -Wide Street
Improvements.
M. It was recommended to approve Final Payment for Contract 10 -12, Oak Hills Church Services.
N. It was recommended to approve Plans and Authorize Ad for Bids, Contract No. 10 -09, Cliff Road
Trunk Water Main.
City Council Minutes
August 17, 2010
Page 2
DR .4 'w_ '
O. It was recommended to approve a Consultant for Lake Management Plans (Blackhawk and Thomas
Lakes)
P. Item removed.
Q. It was recommended to approve a Resolution expressing the City of Eagan's interest to be a
participant in the GreenStep Cities Program.
R. It was recommended to approve a Partnership between the City of Eagan and the University of
Minnesota Department of Sustainable Education.
S. It was recommended to approve the 2010 -2011 Energy and Environment Advisory Commission Goal
and Value Statements.
T. It was recommended to direct staff to prepare an Ordinance Amendment to Chapter 11 regarding
Signage for Properties with Freeway Frontage.
U. It was recommended to approve an Easement Agreement for Project 971 (Duckwood Drive —
Overpass and Street Improvements).
V. It was recommended to approve a Tobacco License for Scott Stevens, Lucky's Station LLC, 3390
Coachman Road.
There were no public hearings.
There were no Old Business items.
PUBLIC HEARINGS
OLD BUSINESS
NEW BUSINESS
PRELIMINARY SUBDIVISIONS AND PLANNED DEVELOPMENT AMENDMENT
US HOME CORPORATION — NICOLS RIDGE 3RD AND 4T" ADDITION
City Administrator Hedges introduced this item regarding a preliminary subdivision to create one lot and
one outlot for Nicols Ridge 3`d Addition and a preliminary subdivision of approximately 10 acres to create
42 townhome lots and 2 outlots, and a planned development amendment to allow townhomes on the
proposed Nicols Ridge 4th Addition lot, all on property located at Cedar Grove Trail and Cedar Grove
Parkway. Senior Planner Ridley gave a staff report.
Joe Jablonski, US Home Corporation, was present to answer questions.
Three residents expressed their concern over the hours of construction, construction traffic, and the
location of the proposed guest parking spaces.
Council held a discussion regarding proposed visitor parking and the possibility of relocating and reducing
the number of parking spaces. Construction traffic, a flagman, and hours of construction were also
discussed. It was the consensus of the Council that the number of visitor parking spaces be reduced
although the-area of the seven stalls shall be reduced to accommodate the southerly four stalls, that area
shall remain unencumbered for future use, if necessary. It was also noted that screening should be
installed presently. Mr. Jablonski noted that he would insert trees for screening of that area into the
landscape plan. It was also the consensus of the Council that the hours of operation should be 8:00 a.m.
to 7:00 p.m. Monday through Saturday for excavation and grading and 8:00 a.m. to 9:00 p.m. seven days
a week for construction.
It was also determined that flagmen would not be necessary and that Lennar would work with the
association to create a safe route plan for kids to get to the school bus pickup location.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary
Subdivision (Nicols Ridge 3rd Addition) to create one lot and one outlot upon approximately 5.3 acres
5
City Council Minutes
August 17, 2010
Page 3
located south of Cedar Grove Parkway and west of Cedar Grove Trail, and consisting of property legally
described as Lots 2 -5, Block 9, Nicols Ridge, and Outlot B, Nicols Ridge 2nd Addition, subject to the
following conditions: Aye: 5 Nay: 0
1. The property shall be platted.
2. Subdivision approval is contingent upon the approval of Nicols Ridge 4th Addition.
3. The developer shall record the plat of Nicols Ridge 4th Addition immediately after the filing of this
plat.
Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Planned
Development Amendment to amend the Phase 1 Nicols Ridge Final Planned Development for a modified
Site Plan consisting of 31 townhome units in place of 42 condominium units, located south of Cedar
Grove Parkway and west of Cedar Grove Trail and legally described as Lots 2 -5, Block 9, Nicols Ridge;
Outlot B, Nicols Ridge 2nd Addition subject to the following conditions: Aye: 5 Nay: 0
1. The applicant and /or developer shall enter into a Planned Development Amendment Agreement
with the City. The following exhibits are the Agreement:
• Final Site Plan (removes parking in NE corner of site)
• Final Landscape Plan (include screening between the existing townhomes to the NE of
the proposed site as approved by City staff)
• Final Building Elevations
2. The developer shall comply with all conditions set forth in the Second Amended and Restated
Development Agreement dated December 1, 2009.
3. The development shall receive final subdivision approval prior to building permit issuance.
4. Buildings in this development should utilize sound attenuation construction standards sufficient to
achieve an interior sound level of 45 dBa.
5. The development shall utilize the street light fixtures that are the same as existing in the area. All
on -site street lighting shall be hooded and directed to deflect light away from adjacent properties.
6. All site signage shall comply with applicable provisions of the City Sign Code.
7. Trash and recycling receptacles must be stored within the buildings.
8. Foundation landscaping should include screening of mechanical equipment such as air
conditioner condenser units.
9. The developer 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.
10. The developer 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.
11. In order to allow for the future connection of Cedar Grove Trail, a private street, to the future
development of the property to the west, the developer should provide an easement in a form
acceptable to the City Attorney. The easement should be provided prior to Final Subdivision and
Final Planned Development approval.
12. This development shall satisfy the parks dedication requirement with a cash dedication of
$204,022, payment to coincide and be consistent with the two phases of development as agreed
upon in the development agreement.
13. This development shall satisfy the trails dedication requirement with a payment of $130,800 for
trail improvements as part of City Improvement Project 888.
14. On- street parking shall be prohibited along the private streets within the development, except for
the designated visitor parking stalls.
15. A construction traffic and roadway plan shall be approved prior to grading activity.
16. Hours of operation shall be 8:00 a.m. to 7:00 p.m. Monday through Saturday for excavation and
grading and 8:00 a.m. to 9:00 p.m. seven days a week for construction.
City Council Minutes
August 17, 2010 0 :
Page 4
17. All contractors and subcontracts shall be licensed and bonded by the State of Minnesota and a
copy of each license shall be provided to the City at the time a permit is issued by the City.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Planned
Development Amendment to the Preliminary Planned Development for Nicols Ridge for a modified Site
Plan consisting of 59 townhome units upon 6.8 acres located south of Cedar Grove Parkway and west of
Cedar Grove Trail, upon property legally described as Lots 2 -5, Block 9, Nicols Ridge; Outlot B, Nicols
Ridge 2nd Addition, and adjacent unplatted parcels to the west with addresses of 3980 and 3986 Cedar
Grove Parkway. Aye: 5 Nay: 0
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Preliminary
Subdivision (Nicols Ridge 4'h Addition) to create 59 townhome lots and two outlots for common area upon
6.8 acres located south of Cedar Grove Parkway and west of Cedar Grove Trail, consisting of property
legally described as Lots 2 -5, Block 9, Nicols Ridge; Outlot B, Nicols Ridge 2nd Addition, and adjacent
unplatted parcels to the west with addresses of 3980 and 3986 Cedar Grove Parkway subject to the
following conditions: Aye: 5 Nay: 0
1. The developer shall comply with these standards conditions of plat approval as adopted by
Council on February 2, 1993: 1A, B3, B4, C1, and C4.
2. The property shall be platted.
3. The developer shall comply with all conditions set forth in the Second Amended and Restated
Development Agreement dated December 1, 2009.
4. The development shall receive final subdivision approval prior to building permit issuance.
5. Buildings in this development should utilize sound attenuation construction standards sufficient to
achieve an interior sound level of 45 dBa.
6. Trash and recycling receptacles must be stored within the buildings.
7. Foundation landscaping should include screening of mechanical equipment such as air
conditioner condenser units.
8. In order to allow for the future connection of Cedar Grove Trail, a private street, to the future
development of the property to the west, the developer should provide an easement in a form
acceptable to the City Attorney. The easement should be provided prior to Final Subdivision and
Final Planned Development approval.
9. The developer 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.
10. The developer 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.
11. This development shall satisfy the parks dedication requirement with a cash dedication of
$204,022, payment to coincide and be consistent with the two phases of development as agreed
upon in the development agreement.
12. This development shall satisfy the trails dedication requirement with a payment of $130,800 for
trail improvements as part of City Improvement Project 888.
13. A construction traffic and roadway plan shall be approved prior to grading activity.
14. Hours of operation shall be 8:00 a.m. to 7:00 p.m. Monday through Saturday for excavation and
grading and 8:00 a.m. to 9:00 p.m. seven days a week for construction.
15. All contractors and subcontracts shall be licensed and bonded by the State of Minnesota and a
copy of each license shall be provided to the City at the time a permit is issued by the City.
7
City Council Minutes
August 17, 2010
Page 5
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There were no items for discussion.
ADMINISTRATIVE AGENDA
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
ADJOURNMENT
Council Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 8:30 p.m.
Aye:5 Nay:0
Date
Administrative Secretary / Deputy Clerk
MINUTES
SPECIAL CITY COUNCIL MEETING
MONDAY, AUGUST 9, 2010
5:30 P.M.
CITY COUNCIL CHAMBERS — 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, Public Works Director Colbert, Fire
Chief Scott, Transportation and Operations Engineer Plath, Police Chief McDonald, Director of
Communications Garrison, Director of Community Development Hohenstein, Deputy Police
Chief Johnson and E -TV Supervisor Ongstad.
I. ROLL CALL AND ADOPTION OF THE AGENDA
Mayor Maguire called the meeting to order.
Councilmember Tilley moved, Councilmember Fields seconded a motion to adopt the
agenda as presented.
Aye: 5; Nay: 0
IL VISITORS TO BE HEARD
There were no visitors to be heard.
III. SOLAR FEASIBILITY STUDY
City Administrator Hedges introduced the item noting that members of the Council have
previously expressed an interest in having staff investigate the merits and opportunities of
integrating solar power generation into the City's energy needs. Hedges added that at the
September 15, 2009 City Council meeting, the Council accepted a recommendation of the Public
Works Committee to authorize SEH, Inc. to prepare a Solar Feasibility Study and directed staff
to fund the cost of the project from the Energy Efficiency and Renewable Energy Block Grant.
Public Works Director Colbert introduced SEH representatives George Johnson and Dan
Zienty who presented the results of the Solar Study and recommendations for the City.
The City Council discussed the Solar Feasibility Report. There was City Council
consensus to accept the report; however, wait for the economic benefits of solar PV systems to
improve before pursuing such technology in the City of Eagan.
Mayor Maguire thanked the SEH representatives and the members of the Eagan Energy
and Environment Commission, who were in attendance to observe the solar discussion.
I
Special City Council Minutes
August 9, 2010
Page 2
IV. JOINT MEETING WITH THE ENERGY AND ENVIRONMENT ADVISORY
COMMISSION (EEAC)
• Discuss 2010 -2011 EEAC Value Statements and Goals
City Administrator Hedges introduced the item noting that it is the Council's practice to
meet with each of their advisory commissions at least one time each year and this is the first
opportunity for the newly appointed Energy and Environment Advisory Commission (EEAC) to
meet with the City Council.
Mayor Maguire welcomed the EEAC members to the meeting. Each of the
Commissioners introduced themselves to the City Council and viewing audience.
EEAC Chairman Bruce Goff presented a summary of the draft value statements and goals
for the EEAC, which included a recommendation to pursue the GreenStep Cities Program.
The City Council and EEAC members discussed the GreenStep Cities Program. The City
Council also discussed an opportunity to work with a group of students from the University of
Minnesota's School of Sustainable Education. EEAC Commissioners noted that the partnership
with the University would allow for students to complete an inventory of best practices within
the City of Eagan that meet the GreenStep Cities Program requirements.
The City Council thanked the EEAC for their work in establishing the Commission and
expressed their enthusiasm for the Commission's future work and recommendations.
V. 2011 E -TV BUDGET
City Administrator Hedges introduced the item noting that 2011 will mark the beginning
of the third full year of operations for E -TV which opened to the public in February of 2009, in
partnership with Thomson Reuters Corporation. Hedges added that E -TV operations are funded
with non -tax dollars through a mixture of Public, Educational and Governmental (PEG) fees and
franchise fees paid by the cable provider (Comcast).
Communications Director Garrison summarized the proposed changes within the 2011 E-
TV budget, and noted E -TV's effort to provide greater promotion and awareness for E -TV
programming. Garrison noted that the E -TV budget is proposed to increase in 2011 by 1.45
percent ($6,600).
The City Council discussed the budget and directed the proposed 2011 E -TV budget to a
future Consent Agenda for formal consideration.
The City Council recessed at 6:57 p.m.
The City Council reconvened at 7:08 p.m.
Jo
Special City Council Minutes
August 9, 2010
Page 3
VI. 2011 GENERAL FUND BUDGET AND TAX LEVY
City Administrator Hedges introduced the item noting that preparation of the 2011
preliminary General Fund Budget has been ongoing since April 2010. Hedges added that the
appropriations in the current 2011 preliminary budget total $27,842,200. The proposed General
Fund Budget reflects an increase of $305,100, or 1.1 percent over the 2010 budget. Hedges
provided an overview of the proposed General Fund Budget as it relates to specific departments
and operations, and also summarized the public policy issues for the City Council's
consideration.
Director of Administrator Services VanOverbeke expanded upon the public policy
considerations included and not included in the 2011 General Fund proposed Budget.
The City Council discussed the proposed 2011 budget and the proposed payable 2011
Property Tax Levy. The Council provided direction to staff that the budget level at 1.1 percent
increase is appropriate.
Mr. Hedges noted that the City is required to certify a proposed payable 2011 Property
Tax Levy to the County Treasure - Auditor on or before September 15, 2010. Hedges added that
formal action on the levy and the preliminary 2010 General Fund Budget are scheduled for the
regular City Council meeting on September 7, 2010. Modifications to the 2011 budget and
department adjustments as directed by the City Council can continue beyond the September 15
deadline with final levy certification and budget action scheduled for the December 21, 2010
regular City Council meeting. Hedges added the final Property Tax Levy that is due at the
County no later than December 28, 2010 can be decreased but cannot be increased from the
preliminary certification.
Upon reviewing the number of options associated with the 2011 Property Tax Levy, the
Council directed that the Finance Committee review the specific implications of levy options for
2011 and 2012, and bring a recommendation back to the City Council.
VII. OTHER BUSINESS
There was no other business.
VIII. ADJOURNMENT
The City Council workshop adjourned at 8:33 p.m.
Agenda Information Memo
September 7, 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 August 17, 2010 Regular City Council meeting and the August 9,
2010 Special City Council meeting as presented or modified.
ATTACHMENTS:
Minutes of the August 17, 2010 Regular City Council meeting are enclosed on pages
through S .
Minutes of the August 9, 2010 Special City Council meeting are enclosed on pages
through -IA—.
Agenda Information Memo
September 7, 2010 Eagan City Council Meeting
B. PERSONNEL ITEMS
Item 1. Hiring of Seasonal Employees
ACTION TO BE CONSIDERED:
Authorize the hiring of Wayne St. Martin, seasonal employee in Parks & Recreation.
Item 2. Accept the resignation of Heidi Sedlacek, Operations Coordinator, Community
Center
ACTION TO BE CONSIDERED:
Acknowledge the resignation of Heidi Sedlacek, Operations Coordinator at the Community Center
(effective 9/10/2010). Staff is currently reviewing the position along with the FT vacancy of
Manager on Duty created last fall 2009 to determine next steps in reorganizing the work flow and
future replacement needs at the Community Center.
Item 3. Revision of City of Eagan Personnel Policy, Section 5
ACTION TO BE CONSIDERED:
Authorize the revision of Personnel Policy Section 5 from "Sexual Harassment Policy"
to Personnel Policy Section 5 "Respectful Workplace Policy ".
FACTS:
• The current policy references steps to take should the City receive a complaint of sexual
harassment from an employee. It does not specifically discuss the City's position
regarding potential occurrences of "general" harassment or other disrespectful workplace
behavior.
• The proposed policy describes additional categories of harassment and defines
disrespectful or harmful workplace behavior that the City does not condone. It also
describes how disrespectful behavior or other forms of harassment may manifest itself.
• The policy language addressing the reporting and investigative process, and the City's
action, remains unchanged from the previous policy.
• Upon approval by the City Council, the Fire Department will incorporate the City's
revised policy into their Standard Operating Procedures.
la�
ATTACHMENTS:
Enclosed on page T through is a copy of the proposed Respectful Workplace Policy.
13
SECTION FIVE
RESPECTFUL WORKPLACE POLICY
5.1 All employees are equally responsible and accountable for maintaining a workplace that
respects the dignity and rights of their coworkers and the citizens they serve. The City of Eagan
supports an organizational culture that fosters respect, civility and dignity of fellow coworkers
and customers. The City of Eagan recognizes the importance of self awareness as it relates to
remarks and actions made towards one another may be personally harmful and /or disruptive to
others in the workplace.
Supervisors and managers are responsible for ensuring that employees are provided a work
environment free of all types of harassment, included but not limited to the definitions of
harassment defined in this policy. As representatives of the City of Eagan, supervisors and
managers are held to a more rigorous standard of conduct especially when subordinates are the
object of the prohibited behavior.
5.2 DEFINITIONS OF DISRESPECTFUL BEHAVIOR:
Violent Behavior: may include the use of physical force, harassment or intimidation,
or abuse of power or authority when the impact is to control by causing pain, fear or hurt.
2. Discriminatory Behavior: may include inappropriate remarks about or conduct
related to an employee's race, color, creed, religion, national origin, disability, sex,
marital status, age, sexual orientation, or status with regard to public assistance.
3. Offensive Behavior: may include but is not limited to such work related actions as:
rudeness, exclusionary behavior, angry outbursts, inappropriate joking, vulgar
obscenities, name calling, disrespectful language, demeaning remarks, or the intentional
filing of an unfounded complaint under this policy.
4. Sexual Harassment: Sexual harassment is a form of sexual discrimination which is a
violation of Section 703 of Title VII of the Civil Rights Act of 1964, as amended, and of
Minn. Stat. 363, the Minnesota Human Rights Act.
Sexual harassment means unwelcome sexual advances, requests for sexual favors,
sexually motivated physical contact or other verbal or physical conduct or
communication of a sexual nature when:
Submission to that conduct or communication is made a term or condition, either
explicitly or implicitly, for obtaining or retaining employment; or
Submission to or rejection of that conduct or communication by an individual is used as a
factor in decisions affecting that individual's employment; or that conduct or
communication has the purpose or effect of substantially or reasonably interfering with
an individual's employment or creating an intimidating, hostile, or offensive employment
environment;
Other sexual harassing behaviors prohibited by this policy may include, but are not
limited to, unwelcome sexual remarks or compliments, sexual jokes, sexual innuendo or
propositions, sexually suggestive facial expressions/body language, kissing, touching,
and sexual contact.
5. Harassing Behavior: may include but is not limited to:
• Verbal Harassment — Offensive words or comments which are made in general, directed
to an individual, or to a group of people, regardless of whether the behaviors was
intended to harass.
• Physical Harassment — Assaults, impeding or blocking movement, leering or the physical
interference with normal work, privacy or movement.
• Visual Forms of Harassment — Derogatory, prejudicial, stereotypical or otherwise
offensive posters, photographs, cartoons, emails, notes, bulletins, drawings or pictures.
This applies to posted material, electronic material, and material maintained in or on City
owned equipment or personal property in the workplace.
5.3 Reporting Procedure:
Victims of alleged disrespectful behavior and third persons with knowledge or belief of conduct
constituting disrespectful behavior are encouraged to report their knowledge or belief to City
officials, as designated herein.
1. The Immediate Supervisor is the responsible authority for receiving reports of
disrespectful behavior at the department level. The Immediate Supervisor, upon
receiving any such report, must forward the report in confidence to the City Human
Rights Officer no later than the end of the next regular business day following the receipt
of any such report. The Human Rights Officer shall make the Department Director aware
of the report in a timely fashion, assuming the Director was not reported as participating
in disrespectful behavior.
2. The Immediate Supervisor is to perform no screening or investigation function. Failure of
the Immediate Supervisor to forward any report of alleged disrespectful behavior will
result in discipline consistent with the terms of this Personnel Policy.
3. The City Council shall designate as their City Human Rights Officer a staff member who
shall act as the responsible authority for receiving reports of disrespectful behavior
directly from any individual, employee, or victim of disrespectful behavior and also from
the immediate supervisor as outlined above. The name of the City's Human Rights
15-
Officer shall be conspicuously posted in appropriate places within the City together with
a mailing address and telephone number.
The City's Human Rights Officer is the Human Resources Manager. If the Human
Resources Manager is reported as exhibiting disrespectful behavior as described in this
policy, the Director of Administrative Services will act as the responsible authority to
receive the report and take appropriate action.
5.4 Investigation and Recommendation:
By authority of the City Council, the City Human Rights Officer shall, upon receiving any report
alleging disrespectful behavior, conduct an investigation and make a written recommendation
within thirty (30) days to the City Administrator, or if necessary, directly to the City Council. In
determining whether alleged conduct constitutes disrespectful behavior the City Human Rights
Officer should look at the record as a whole and the totality of circumstances, such as the nature
of the disrespectful behavior and the context in which the alleged incidents occurred.
5.5 Reprisal:
Consistent with the terms of this Personnel Policy, the City will discipline any individual who
retaliates against any person who reports alleged disrespectful behavior, or who testifies, assists
or participates in any manner in any investigation proceeding or hearing related to the report
alleging disrespectful behavior. Retaliation may include, but is not limited to, any form of
intimidation, reprisal, confrontation or harassment.
5.6 City Action:
Upon receipt of a recommendation from the City Human Rights Officer that probable cause
exists to credit the allegation of disrespectful behavior, the City Council may take action based
on the report and recommendation of the City Human Rights Officer or it may conduct its own
investigation into the charge. Such investigation must be completed within thirty (30) days of
receipt by the City Administrator or City Council of the recommendation from the City Human
Rights Officer. Pending such investigation, the City Council may, in its discretion, take any
action necessary to protect the alleged victim or other employees consistent with requirements of
this policy and statutes, if any. Consistent with the requirements of this Personnel Policy and
any applicable state statutes, the City Council may take such action as it deems necessary and
appropriate, including termination, to end disrespectful behavior found to exist.
121
Agenda Information Memo
September 7, 2010 Eagan City Council Meeting
C. RATIFY CHECK REGISTERS
ACTION TO BE CONSIDERED:
To ratify the check registers dated August 5, 2010, August 12, 2010, August 19, 2010 and
August 26, 2010 as presented.
ATTACHMENTS:
• Check registers dated August 5, 2010, August 12, 2010, August 19, 2010 and August 26,
2010 are enclosed without page number.
17
Agenda Memo
September 7, 2010
City Council Meeting
CONSENT AGENDA:
D. Massage Therapy Establishment License — Stephanie Dusenberry, (dba Therapist of
Pro Athletes MN), 2020 Silverbell Road #26
ACTION TO BE CONSIDERED:
Approve Massage Therapy Establishment License for Stephanie Dusenberry to operate a
massage therapy establishment to be known as "Therapist of Pro Athletes MN" located at
2020 Silverbell Road 426
FACTS:
Stephanie Dusenberry has applied for a license to operate a massage therapy
establishment at 2020 Silverbell Road #26 within the Ambition MMA gym.
All requirements of the application have been met and the fee has been paid.
The Police Department conducted a background investigation and found no reason to
deny the proposed license.
ATTACHMENTS:
• None. The application is available for review in the Administration Department.
l�
Agenda Memo
City Council Meeting
September 7, 2010
CONSENT AGENDA:
E. Premise Permit for Eagan Lions Club to conduct lawful gambling at Old Chicago,
1312 Town Centre Drive
ACTION TO BE CONSIDERED:
Adopt Resolution to approve a Premise Permit for Eagan Lions Club to conduct Iawful gambling
at Old Chicago, 1312 Town Centre Drive
FACTS:
• The Eagan Lions Club has applied for a premise permit to conduct a pull -tab operation at
the Old Chicago located at 1312 Town Centre Drive.
• The Lions Club also conducts lawful gambling operations at Starks Saloon and Cedarvale
Lanes.
• Documentation of lawful expenditures are required to be submitted to the City on an
annual basis and the Lions Club complies with this requirement.
• There are currently no other lawful gambling operations being conducted at Time Out
Restaurant.
ATTACHMENTS:
• A copy of the proposed resolution is attached as page 510 .
• The application is available for review in the Administration Department.
67
RESOLUTION
CITY OF EAGAN
GAMBLING CONTROL BOARD PREMISE PERMIT
FOR EAGAN LIONS CLUB
WHEREAS, the Eagan Lions Club has applied for a Gambling Control Board
Premise Permit for Old Chicago Restaurant located at 1312 Town Centre Drive, and
WHEREAS, the Eagan Staff has reviewed the application and has not identified
any reason to deny; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan,
Dakota County, Minnesota, hereby approves the Eagan Lions Club application for a
premise permit at Old Chicago, 1312 Town Centre Drive in Eagan, MN.
Motion by:
Seconded by:
Those in Favor:
Those Against:
Date: September 7, 2010
CITY OF EAGAN
CITY COUNCIL
By:
It's Mayor
Attest:
It's Clerk
CERTIFICATION
I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do
hereby certify that the foregoing resolution was duly passed and adopted by the City
Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof
assembled this 7`h day of September, 2010.
Maria Petersen, City Clerk
r
Agenda Memo
September 7, 2010
Regular City Council Meeting
CONSENT AGENDA:
F. ACCEPT FEDERAL GRANT IN THE AMOUNT OF $5,000 FOR WATER
RESCUE EQUIPMENT
ACTION TO BE CONSIDERED:
Accept a grant from the Federal Government Port Security Grant Program in the
amount of $5,000.
FACTS:
• The Eagan Fire Department had applied for a non - matching federal grant in
the amount of $5,000 from the Port Security Grant program through the
Department of Homeland Security.
• The Fire Department was recently notified that we had been selected to
receive the grant.
• The grant is for purchasing a ZODIAC Cadet inflatable rescue boat.
• This is a very small boat that weighs approximately 80 pounds. It is designed
for use in small ponds or areas not easily accessible by a larger boat. The boat
can accommodate up to 3 rescuers and one victim.
• The grant was for enhancing rescue response to the back waters of the
Minnesota River in case of an emergency in that area. Much of this area is not
accessible by traditional boats.
• The $5,000 includes funding for the boat, a 4hp outboard motor, mounting
rack to store the boat on an existing pickup, (2) marine band radios, LED
navigation lights and safety vests.
ATTACHMENTS:
None
C�'_I
Agenda Information Memo
September 7, 2010, Eagan City Council Meeting
DIRECT THE CITY ATTORNEY'S OFFICE TO PREPARE AN ORDINANCE
AMENDMENT TO CHAPTER 5 REGARDING FINANCIAL RESPONSIBILITY
AND INSURANCE CERTIFICATE REQUIREMENTS OF LIQUOR LICENSEES
TO COMPLY WITH STATE STATUTES
ACTIONS TO BE CONSIDERED:
To direct the City Attorney's office to prepare an ordinance amendment to Chapter 5 regarding
the financial responsibility and insurance certificate requirements of liquor licensees to comply
with state statutes.
FACTS:
➢ Minnesota Statutes, section 340A.409, subdivision 1 was amended related to insurance
requirements for liquor licensees. The changes affect the amount of insurance required
and also the cancellation language pertaining to the liability insurance policy.
➢ The ordinance amendment affecting Chapter 5, Section 5.13 and 5.14 of the Eagan City
Code will be presented to Council at a subsequent Council meeting.
ATTACHMENTS (0):
.-
Agenda Information Memo
September 7, 2010, Eagan City Council Meeting
{. APPROVE STAFF AS MEMBERS OF THE ABSENTEE BALLOT
BOARD
ACTION TO BE CONSIDERED:
To approve the list of staff members to serve as election judges on the absentee ballot
board for the November 2, 2010 General Election.
FACTS:
➢ New legislation has increased the absentee voting period from 30 days prior to an
election to 46 days prior to an election. Cities that are designated by the County
Auditor to issue and receive absentee ballots must have an established absentee
ballot board that processes absentee ballots within a prescribed timeframe.
➢ The ballot board members must accept or reject returned absentee ballots within
five days of receipt except that during the 14 days immediately preceding an
election the board must accept or reject ballots within three days. If a ballot is
rejected at least five days prior to an election, a replacement ballot must be sent to
the voter. If rejected within five days of the election, an attempt must be made to
notify the voter by telephone or email of the rejection.
➢ Members of the ballot board may begin opening and processing accepted absentee
ballots after the close of business on the fourth day prior to the election. Vote
totals may not be made available until the close of polls on Election Day.
➢ Staff, in addition to other election judges, may serve on the board if they have
been trained as election judges and declare a party affiliation. The list of staff
being recommended for appointment to the absentee ballot board are identified
below:
Janet Bolger
Denice Muccio Grout
Karen Hangebrauck
Maria Pierce
ATTACHMENTS (0)
,::523
Agenda Information Memo
September 7, 2010 Eagan City Council Meeting
I DIRECT THE CITY ATTORNEY'S OFFICE TO PREPARE AN ORDINANCE
AMENDMENT — CHAPTER 6, OTHER BUSINESS REGULATION AND
LICENSING, SECTION 6.34 TOBACCO
ACTION TO BE CONSIDERED:
To authorize the City Attorney's Office to prepare an Ordinance Amendment -- Chapter
6, Other Business Regulation and Licensing, Section 6.34 Tobacco
FACTS:
In the 2010 Legislative Session the State Legislature passed the Tobacco
Modernization and Compliance Act of 2010.
In general key provisions of the Act are as follows:
• It expands the definition of tobacco products to include any product that
contains tobacco and is intended for human consumption.
• It requires all tobacco products and tobacco - related devices to be sold
behind the counter so they are not easily accessible to youth. (Certain
exceptions for "tobacco stores" remain.)
• It prevents the sale of new tobacco products and e- cigarettes to youth.
• The Eagan City Code needs to be amended to remain consistent with State Law.
• The City Attorney's Office is also recommending that certain other housekeeping
changes be made to Section 6.34 at the same time to provide clear consistency
within the Code.
• The City Attorney's Office has previously opined that online sales of tobacco fall
within the definition of "moveable place of business" and thus, are prohibited.
The amended regulation to be proposed will also add clear regulation covering
sales via computer or any other electronic mobile device.
ATTACHMENTS:
(None)
:4
Agenda Memo
September 7, 2010 City Council Meeting
J. AUTHORIZE the application of a capital grant from the Metropolitan
Regional Arts Council for art exhibit supplies and equipment for the Eagan
Community Center and the Eagan Municipal Center.
ACTION TO BE CONSIDERED:
Authorize the submission of a grant from the Metropolitan Regional Arts Council for a capital
grant for art exhibit supplies and equipment for the Eagan Community Center and the Eagan
Municipal Center
FACTS:
• Metropolitan Regional Arts Council is offering capital grants to help integrate arts and
culture into plans for community development and enrichment.
• The grant would be used to install a rail and rod hanging system for the Eagan
Community Center on the walls between the pre- function space and the atrium. A free
standing panel exhibit system along with 2 acrylic display cubes with bases would be
incorporated into City Hall or other city buildings.
• The total project cost is estimated at $4,000 with a total grant request of $3,200.
• The balance of $800 will be a combination of in -kind and limited cash contribution from
the Art House and Parks and Recreation staff.
• The grant submission deadline is September 13, 2010.
ISSUES:
• None
M
Agenda Memo
September 7, 2010, Regular City Council Meeting
K. ACCEPT a grant from Artsmidwest for a travel scholarship to attend the
Arts Marketing Project National Conference.
ACTION TO BE CONSIDERED:
Accept a travel scholarship from Artsmidwest to attend the Arts Marketing Project
National Conference in San Jose California from November 12 -15, 2010.
FACTS:
The City of Eagan has been notified that they are the recipient of a Travel
Scholarship to the National Arts Marketing Conference (VAMP) to be held
November 12 -15, 2010 in San Jose, California. The scholarship is provided by
Artsmidwest.
• The scholarship award includes round trip coach airfare to San Jose, California,
hotel room for 3 nights, registration to the NAMP conference, pre- conference, on-
site and post conference events.
Recreation Supervisor Julie Andersen is requested to be the staff recipient of this
grant.
ATTACHMENTS:
None
M
Agenda Memo
September 7, 2010 City Council Meeting
L. ACCEPT Donation from the Eagan July 4th Funfest Committee to provide
additional electrical service at the Central Park Festival Grounds.
ACTION TO BE CONSIDERED:
To accept a donation of $1700 from the Eagan July 4th Funfest Committee to provide
additional electrical service at the Central Park Festival Grounds.
FACTS:
• During the 2010 Funfest event the carnival that was operating for the event expressed a
desire to have additional electrical capacity for their operation.
• The July 4th Funfest Committee worked with the carnival operators and City staff to
define the need and costs associated with making the improvement.
Through a partnership between the July 4th Funfest Committee and the carnival company
that will be returning in 2011 they are donating the $1700 required to complete the site
enhancement.
ATTACHMENTS:
• None
M
Agenda Information Memo
September 7, 2010 Eagan City Council Meeting
M. ORDINANCE AMENDMENT — AIRPORT NOISE ATTENUATION
ORDINANCE- DEFINING EDUCATIONAL AND MEDICAL USES
ACTION TO BE CONSIDERED:
To direct staff to prepare an Ordinance Amendment defining post - secondary education,
trade schools and medical facilities as office and commercial uses for noise compatibility
purposes.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
➢ As part of its 2001 Comprehensive Guide Plan Aviation Section, one of Eagan's goals
was to consider the adoption of a noise attenuation ordinance to permit the city to
require noise attenuation construction techniques for buildings in the noise zones.
➢ On February 9, 2009, a Noise Attenuation Ordinance was approved by the City
Council that partially incorporates preventative noise measures found in the
Metropolitan Council's Land Use Compatibility Guidelines and Model Ordinance,
but limits its application to only development associated with new subdivisions, land
use /zoning changes, or new or amended Planned Developments.
➢ Post - secondary schools, trade schools, and certain medical uses have been
considered compatible within the city's general land use standards either by
permitted or conditional use, where office and commercial uses are currently
allowed. However, the adopted land use compatibility guidelines within the noise
attenuation standards, currently list educational and medical uses "Incompatible" in
certain zones where current office uses are either existing or intended.
➢ The purpose of this proposed amendment is to remove this inconsistency by
specifically defining types of educational and medical uses that are "Compatible"
with office and commercial uses and consistent with the intent of the noise
attenuation standards.
ATTACHMENTS: (none)
ad
Agenda Information Memo
September 7, 2010 Eagan City Council Meeting
N. DIRECT ORDINANCE AMENDMENT — CITY OF EAGAN
ACTION TO BE CONSIDERED:
Direct staff to prepare ordinance amendments to City Code Chapter 11 relative to the
definition of the Business Park Zoning District and Temporary Outdoor Events and
Seasonal Sales.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
➢ The Eagan City Code states the purpose of the Business Park (BP) District is
intended to accommodate development of low intensity office, light industrial and
supporting commercial service uses that may be suitable in relative close proximity
to non - industrial development. More intensive industrial uses which require outdoor
storage and high truck traffic are excluded.
➢ Staff believes that a minor tweak to this purpose statement is important to maintain
the goals of this Zoning District and the investments already made in the City's BP
areas. The intent is to modify the last sentence of the purpose statement to read
"More intensive industrial uses which require outdoor storage and /or high truck
traffic are excluded.
➢ The other proposed amendment relates to temporary outdoor events and seasonal
sales. Staff is suggesting providing for temporary outdoor events and seasonal sales
in both the BP and CGD Zoning Districts. Also, a definition for seasonal sales was
inadvertently dropped in a recent code update and should be reinserted.
ATTACHMENTS: None
SWA
Agenda Information Memo
September 7, 2010
O. APPROVE ONE TIME WAIVER TO THE EAGAN COMMUNITY
CENTER OUTSIDE FOOD AND BEVERAGE POLICY TO
ALLOW FOR THE 150TH ANNIVERSARY TASTE OF EAGAN
EVENT
ACTION TO BE CONSIDERED: To approve a one time waiver to the Eagan Community
Center Outside Food and Beverage Policy to allow for the 150th Anniversary Taste of Eagan
event.
FACTS:
• The 1501h Executive Board has been hard at work formulating plans for a closing 150th event
on October 14, 2010.
• At the suggestion of the Board and the Eagan Convention and Visitor's Bureau (ECVB), a
"Taste of Eagan" concept has been suggested, which would be similar to the previously held
Dine Dakota event put on by the YMCA. The event will showcase restaurants in Eagan, who
are invited to provide one or two samples of their finest food to attendees.
• Due to the policy of no outside food or beverage at the Eagan Community Center (ECC), the
caterers of the ECC have been contacted to determine if waiving the policy for this one time,
150th event would be one they were comfortable supporting.
• Provided the caterers are featured as food vendors at the Taste Event, they have consented to
the one -time policy waiver.
• Pending Council approval, the 150th Board and the ECVB will ensure that the ECC caterers
are featured at the Taste of Eagan Event.
ATTACHMENTS:
• There are no attachments.
I
Agenda Information Memo
September 7, 2010 Eagan City Council Meeting
P. CONTRACT 09 -04, FISH LAKE ALUM DOSING & SETTLING BASIN WATER
QUALITY IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 09 -04,
(Fish Lake Alum Dosing and Settling Basin — Water Quality Improvements) and authorize the
advertisement for a bid opening to be held at 10:30 a.m. on Thursday, September 30, 2010.
FACTS:
• Contract 09 -04 provides for the modification of the Fish Lake alum dosing process located at
the Hurley Lake (Pond JP -11) storm sewer lift station, as well as the construction of a settling
basin east of Pond JP -47, north of Wescott Rd and east of Denmark Avenue.
• An alum dosing facility to benefit Fish Lake water quality, primarily through phosphorus
reduction, was built in 1998 adjacent to the lift station at the outlet to Hurley Lake. Without
land or an easement to construct an alum settling basin, the alum/phosphorus flocculant
material accumulated in Pond JP -47, a wetland located east of Denmark Avenue that was
classified as a Sediment Basin by the City.
• In three years of operation from 1998 through 2000, large quantities of alum sludge
accumulated in Pond JP -47. Since 2000, the City determined not to operate the alum
injection system until the sludge accumulation was appropriately mitigated and a long -term
operation and maintenance program was established. The DNR later recognized that they do
not have jurisdiction to issue permits for alum deposition and the Minnesota Pollution
Control Agency has stated that alum deposition in a wetland may be in violation of Minn.
Rules 7050.
• On November 12, 2002, the City Council directed staff to clean the alum sludge out of Pond
JP -47 and build an alum storage basin on the Pat McCarthy property between Hurley Lake
and Pond JP -47. Approximately 2,500 cubic yards of alum sludge was successfully removed
from Pond JP -47 in accordance with State law.
• On February 3, 2009, after ownership rights of the Pat McCarthy property were resolved
after a lengthy judicial resolution process, the City Council re- authorized the acquisition of
easements through quick -take eminent domain. In addition to the permanent land acquisition
for the settling basin, a temporary construction access easement from Wescott Road was also
included in the condemnation notice.
• On February 24, 2010, as part of the final stakeholder meeting for the Fish Lake Total
Maximum Daily Load (TMDL) Report, the neighbors of Pond JP -47 and the 3 -acre area of
Pat McCarthy's property where the settling basin is proposed to be constructed were
presented preliminary plans for their review and comment. City staff has scheduled another
neighborhood meeting on September 23 at 7:00 pm in the Eagan Room to share the final
plans.
• The plans and specifications have been completed by the City's consulting engineer
Bonestroo, Inc., and are being presented to the City Council for their approval and
authorization for the advertisement of bids in hope that the basin can be constructed yet this
year.
31
Agenda Information Memo
September 7, 2010 Eagan City Council Meeting
Q. PROJECT 1008, LEXINGTON PARKVIEW ADDITION
STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL
ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1008
(Lexington Parkview Addition — Street Improvements) and schedule a public hearing to
be held on October 5, 2010.
FACTS:
• Project 1008 provided for the street improvements within the Lexington Parkview
Addition neighborhood, in central Eagan. The street improvements were completed as
outlined and discussed in the feasibility report and approved by the City Council.
• This project, constructed under Contract 10 -02, has been completed, all costs
tabulated and the final assessment roll prepared. The assessments are based upon the
City of Eagan's Special Assessment Policy for all such assessable properties.
• This roll is now being presented to the Council for their consideration of scheduling a
public hearing to formally present the final costs to be levied against the benefited
properties.
• An informational neighborhood meeting will be scheduled prior to the final
assessment hearing with the affected property owners and address any concerns.
• The final assessments are approximately 34% less than the estimate contained in the
feasibility report presented at the public hearing held on February 16, 2010 due to
favorable bids received.
E
Agenda Information Memo
September 7, 2010 Eagan City Council Meeting
R. PROJECT 1018, GREENSBORO ADDITION
STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL
ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1018
(Greensboro Addition — Street Improvements) and schedule a public hearing to be held
on October 5, 2010.
FACTS:
• Project 1018 provided for the street improvements within the Greensboro Addition
neighborhood, and the removal of Hunter Lane street stub, in central Eagan. The
street improvements were completed as outlined and discussed in the feasibility
report and approved by the City Council.
• This project, constructed under Contract 10 -02, has been completed, all costs
tabulated and the final assessment roll prepared. The assessments are based upon the
City of Eagan's Special Assessment Policy for all such assessable properties.
• This roll is now being presented to the Council for their consideration of scheduling a
public hearing to formally present the final costs to be levied against the benefited
properties.
• An informational neighborhood meeting will be scheduled prior to the final
assessment hearing with the affected property owners and address any concerns.
• The final assessments are approximately 10% less than the estimate contained in the
feasibility report presented at the public hearing held on January 5, 2010 due to
favorable bids received.
Agenda Information Memo
September 7, 2010 Eagan City Council Meeting
S. PROJECT 1020, THOMAS LAKE WOODS ADDITION
STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL
ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1020
(Thomas Lake Woods Addition — Street Improvements) and schedule a public hearing to
be held on October 5, 2010.
FACTS:
• Project 1020 provided for the street improvements within the Thomas Lake Woods
neighborhood, in southwest Eagan. The street improvements were completed as
outlined and discussed in the feasibility report and approved by the City Council.
• This project, constructed under Contract 10 -02, has been completed, all costs
tabulated and the final assessment roll prepared. The assessments are based upon the
City of Eagan's Special Assessment Policy for all such assessable properties.
• This roll is now being presented to the Council for their consideration of scheduling a
public hearing to formally present the final costs to be levied against the benefited
properties.
• An informational neighborhood meeting will be scheduled prior to the final
assessment hearing with the affected property owners and address any concerns.
• The final assessments are approximately 14% less than the estimate contained in the
feasibility report presented at the public hearing held on January 19, 2010 due to
favorable bids received.
3�L
Agenda Information Memo
September 7, 2010 Eagan City Council Meeting
T. PROJECT 1022, OVERHILL FARMS ADDITION
STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL
ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1022
( Overhill Farms Addition — Street Improvements) and schedule a public hearing to be
held on October 5, 2010.
FACTS:
• Project 1022 provided for the street improvements within the Overhill Farms
Addition neighborhood, in southeast Eagan. The street improvements were completed
as outlined and discussed in the feasibility report and approved by the City Council.
• This project, constructed under Contract 10 -02, has been completed, all costs
tabulated and the final assessment roll prepared. The assessments are based upon the
City of Eagan's Special Assessment Policy for all such assessable properties.
• This roll is now being presented to the Council for their consideration of scheduling a
public hearing to formally present the final costs to be levied against the benefited
properties.
• An informational neighborhood meeting will be scheduled prior to the final
assessment hearing with the affected property owners and address any concerns.
• The final assessments are approximately 33% less than the estimate contained in the
feasibility report presented at the public hearing held on January 5, 2010 due to
favorable bids received.
Agenda Information Memo
September 7, 2010 Eagan City Council Meeting
U. PROJECT 1023, EAGAN ROYALE/ SAFARI ESTATES 2ND/
SAFARI 3RD & 4TH ADDITIONS
STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL
ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1023
(Eagan Royale/ Safari Estates 2nd/ Safari 3`d & 4th Additions — Street Improvements) and
schedule a public hearing to be held on October 5, 2010.
FACTS:
• Project 1023 provided for the street improvements within the Eagan Royale/ Safari
Estates 2nd/ Safari 3`d & 4th Additions neighborhood, in southeast Eagan. The street
improvements were completed as outlined and discussed in the feasibility report and
approved by the City Council.
• This project, constructed under Contract 10 -02, has been completed, all costs
tabulated and the final assessment roll prepared. The assessments are based upon the
City of Eagan's Special Assessment Policy for all such assessable properties.
• This roll is now being presented to the Council for their consideration of scheduling a
public hearing to formally present the final costs to be levied against the benefited
properties.
• An informational neighborhood meeting will be scheduled prior to the final
assessment hearing with the affected property owners and address any concerns.
• The final assessments are approximately 25% less than the estimate contained in the
feasibility report presented at the public hearing held on January 19, 2010 due to
favorable bids received.
3�
Agenda Information Memo
September 7, 2010 Eagan City Council Meeting
V. PROJECT 1025, OAK CLIFF 4TH ADDITION
STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL
ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1025
(Oak Cliff 4'" Addition — Street Improvements) and schedule a public hearing to be held
on October 5, 2010.
FACTS:
• Project 1025 provided for the street improvements within the Oak Cliff 4'h Addition
neighborhood, in southwest Eagan. The street improvements were completed as
outlined and discussed in the feasibility report and approved by the City Council.
• This project, constructed under Contract 10 -02, has been completed, all costs
tabulated and the final assessment roll prepared. The assessments are based upon the
City of Eagan's Special Assessment Policy for all such assessable properties.
• This roll is now being presented to the Council for their consideration of scheduling a
public hearing to formally present the final costs to be levied against the benefited
properties.
• An informational neighborhood meeting will be scheduled prior to the final
assessment hearing with the affected property owners and address any concerns.
• The final assessments are approximately 26% less than the estimate contained in the
feasibility report presented at the public hearing held on January 19, 2010 due to
favorable bids received.
57
Agenda Information Memo
September 7, 2010 Eagan City Council Meeting
W. PROJECT 1026, NORTHVIEW MEADOWS 2ND ADDITION
STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL
ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1026
( Northview Meadows 2nd Addition — Street Improvements) and schedule a public hearing
to be held on October 5, 2010.
FACTS:
• Project 1026 provided for the street improvements within the Northview Meadows
2nd Addition neighborhood, in central Eagan. The street improvements were
completed as outlined and discussed in the feasibility report and approved by the City
Council.
• This project, constructed under Contract 10 -02, has been completed, all costs
tabulated and the final assessment roll prepared. The assessments are based upon the
City of Eagan's Special Assessment Policy for all such assessable properties.
• This roll is now being presented to the Council for their consideration of scheduling a
public hearing to formally present the final costs to be levied against the benefited
properties.
• An informational neighborhood meeting will be scheduled prior to the final
assessment hearing with the affected property owners and address any concerns.
• The final assessments are approximately 29% less than the estimate contained in the
feasibility report presented at the public hearing held on January 5, 2010 due to
favorable bids received.
3£�
Agenda Information Memo
September 7, 2010 Eagan City Council Meeting
X. PROJECT 1027, PATRICK ROAD
STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL
ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1027
(Patrick Road — Street Improvements) and schedule a public hearing to be held on
October 5, 2010.
FACTS:
• Project 1027 provided for the street improvements of Patrick Road, east of Lexington
Avenue in central Eagan. The street improvements were completed as outlined and
discussed in the feasibility report and approved by the City Council.
• This project, constructed under Contract 10 -02, has been completed, all costs
tabulated and the final assessment roll prepared. The assessments are based upon the
City of Eagan's Special Assessment Policy for all such assessable properties.
• This roll is now being presented to the Council for their consideration of scheduling a
public hearing to formally present the final costs to be levied against the benefited
properties.
• An informational neighborhood meeting will be scheduled prior to the final
assessment hearing with the affected property owners and address any concerns.
• The final assessments are approximately 2% less than the estimate contained in the
feasibility report presented at the public hearing held on January 5, 2010.
NJ
Agenda Information Memo
September 7, 2010 Eagan City Council Meeting
Y. TELECOMMUNICATION ANTENNAE LEASE AGREEMENTS
ACTION TO BE CONSIDERED: Approve Telecommunication Lease Agreements
with Clear Wireless LLC for new antenna installations on the Safari water reservoir
and authorize the Mayor and City Clerk to execute all related documents.
FACTS:
• The City has received applications from Clear Wireless LLC for the installation of
wireless antennae and related ground support equipment on the Safari water
reservoir.
• The applications and lease documents have been reviewed by the City's radio
communication consultant, City Attorney's office and Public Works Department
personnel and found to be in order for consideration of favorable Council action.
Agenda Information Memo
September 7, 2010 Eagan City Council Meeting
Z. RESOLUTION REQUESTING MNDOT SPEED STUDY
ACTION TO BE CONSIDERED: Approve a resolution requesting MnDOT to perform
a speed limit study to establish the appropriate lawful speed limit on several collector
streets.
FACTS:
• According to State Statues, only the Minnesota Department of Transportation
( MnDOT) had the authority to establish legally enforceable speed limits in excess
of 30 mph on local streets.
While the City Council has the authority to routinely establish 30 mph speed
zones on local residential streets, it is appropriate to have MnDOT formally
evaluate the following recently constructed collector streets to determine if speed
limits in excess of 30 mph is justified for safe and efficient travel:
o Northwood Parkway (Pilot Knob Rd. to Denmark Ave.)
o Denmark Ave. (Northwood Parkway to Clubview Dr.)
o Duckwood Dr. (Lexington Ave. to Wescott Woodlands)
ATTACHMENTS:
• Resolution, page
11
RESOLUTION
CITY OF EAGAN
SPEED LIMIT DESIGNATION
MNDOT SPEED STUDY REQUEST
WHEREAS, the City of Eagan has recently constructed or upgraded several streets
within the community; and,
WHEREAS, the City would like to establish enforceable speed limits along the
following local streets:
Northwood Parkway (CSAH 31 to Denmark Avenue)
Denmark Avenue (Northwood Parkway to Clubview Drive)
Duckwood Drive (CSAH 43 to Wescott Woodlands)
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Eagan,
Dakota County, hereby request MnDot to perform all required speed studies necessary to
designate the proper speed limit for referenced streets.
Motion made by:
Seconded by:
Those in favor:
Those against:
Dated:
CITY OF EAGAN
CITY COUNCIL
IN
Attest:
CERTIFICATION
Its Mayor
Its Clerk
I, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby
certify that the foregoing resolution as duly passed and adopted by the City Council of the City of
Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 7th day of
September, 2010.
Maria Petersen, City Clerk
Ll
Agenda Information Memo
September 7, 2010, Eagan City Council Meeting
A APPROVE ON -SALE WINE AND 3.2 PERCENT MALT LIQUOR (BEER)
LICENSE FOR PHONG NGUYEN, DBA CLASSIC SAIGON
RESTAURANT, 1272 TOWN CENTRE DRIVE
ACTION TO BE CONSIDERED:
To approve the On -Sale Wine and 3.2 Percent Malt Liquor (Beer) license for
Phong Nguyen, dba Classic Saigon Restaurant, 1272 Town Centre Drive.
FACTS:
➢ Phong Nguyen has applied for an On -Sale Wine and 3.2 Percent Malt Liquor (Beer)
license with the City of Eagan. Mr. Nguyen is the sole proprietor of the
establishment.
➢ The restaurant will be located at 1272 Town Centre Drive. This tenant space was
previously occupied by Que Viet restaurant.
➢ The Classic Saigon Restaurant is currently located at 3902 Cedar Grove Parkway.
The establishment did not hold a liquor license at this location.
➢ The required documents have been submitted, reviewed and deemed in order by
City staff and the Police Department. No reason was found to deny the licenses.
ATTACHMENTS (0):
NO
Agenda Information Memo
September, 7, 2010, Eagan City Council Meeting
�B APPROVE ON -SALE LIQUOR AND SUNDAY LICENSE FOR APPLE
MINNESOTA LLC, DBA APPLEBEE'S NEIGHBORHOOD GRILL & BAR
LOCATED AT 1335 TOWN CENTRE DRIVE
ACTION TO BE CONSIDERED:
To approve the On -Sale Liquor and Sunday license for Apple Minnesota LLC, dba Applebee's
Neighborhood Grill & Bar located at 1335 Town Centre Drive.
FACTS:
➢ All the Applebee's locations in Minnesota are being sold to Apple Minnesota LLC. As a
result of that sale, the new owners were required to complete an application for the On -Sale
Liquor and Sunday license.
➢ The officers of the Limited Liability Company are Ron Igarashi, Lorin Cortina, Greg Flynn
and Dan Krebsbach.
➢ The required documents for the liquor license application have been submitted, reviewed
and deemed in order by City staff and the Police Department. No reason was found to deny
the On -Sale Liquor and Sunday license.
ATTACHMENTS (0):
0
Agenda Information Memo
September 7, 2010 Eagan City Council Meeting
VI. OLD BUSINESS
A. Approve an amendment to Eagan City Ordinance # 10.11 regarding the
Restraint of Dogs that have been Declared Potentially Dangerous
ACTION TO BE CONSIDERED:
Approve the proposed amendment to the Eagan Ordinance # 10.11.
FACTS:
• The City of Eagan has an ordinance regulating dog ownership.
• City Code also sets conditions for dogs that have been declared dangerous or
potentially dangerous.
• At the listening session prior to the May 4, 2010, Eagan City Council Meeting,
the police chief outlined the need to have an ordinance requiring potentially
dangerous dogs to be properly restrained to limit the likelihood of aggressive
behavior. The council directed the preparation of the ordinance.
• Prior to the proposed amendment, there were no restraint requirements for dogs
that have been declared potentially dangerous.
• There are currently 57 dogs in Eagan that have been declared potentially
dangerous.
• If the ordinance is approved, police staff will notify the owners of potentially
dangerous dogs of the new requirements.
• The proposed amendment is specific to the oversight of potentially dangerous
dogs. There are no other changes to the ordinance.
Attachments:
Proposed Amendment to City Code # 10.11 is attached on pages w - � through 1
�5
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY
CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY
AMENDING SECTION 10.11 REGARDING DOG, CAT, FERRET AND HORSE
REGULATION AND DOG LICENSING; AND BY ADOPTING BY REFERENCE EAGAN
CITY CODE CHAPTER 1 AND SECTION 10.99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapter Ten is hereby amended by changing Section 10. 11,
Subd. 1, to read as follows:
Sec. 10.11. Dog, cat, ferret and horse regulation and dog licensing.
Subd 1. Definitions.
Physical restraint means the dog is controlled or kept as to prevent it from running_at
large through any of the following; means or methods:
1. Kept inside of a residence;
2. Kept inside a pen, cage or fenced area which is constructed strong enough to
contain the dog;
3. A picketed cable or leash, which is short enough to keep the dog from leaving the
property or entering upon any public right- of -wayet which is long enough to not
unreasonably interfere with the dog's movement;
4. Kept inside the perimeter of a buried electronic barrier /collar system, provided the
dog is trained in accordance with the system, the dog is wearing the collar, and the
electronic barrier system is properly functioning;
5. Collar leash or chain no longer than six feet, and under the control of an
accompanying�person while off the owner's property; or
6. Temporarily secured within a vehicle.
Section 2. Eagan City Code Chapter Ten is hereby amended by changing Section 10. 11,
Subd. 7(E), to read as follows:
E. Compliance with potentially dangerous dog regulations. If no timely appeal is received
by the city clerk, the owner of a potentially dangerous dog shall implant a microchip in
Wa
the dog for identification within 14 days of the date of the notice of potentially dangerous
dog and provide to the city the name of the microchip manufacturer and identification
number. If a hearing is requested and the appeal hearing officer finds the owner's dog is
potentially dangerous, the dog owner shall implant a microchip in the dog for
identification within 14 days of the hearing officer's findings of fact and conclusion and
provide to the city the name of the microchip manufacturer and identification number. All
costs related to the purchase and implementation of the chip must be paid by the dog's
owner.
Immediately upon receipt of the notice declaring the dog potentially dangerous, the owner
shall maintain the do unphysical restraint at all times including the pendency
of any appeal, and until or unless the declaration is properly rescinded by the City or a
court of competent jurisdiction. An owner utilizing a buried electronic barrier /collar
system to maintain a potentially dangerous do under nder physical restraint, shall file with the
police chief documentation verifying the purchase and installation of the system within 5
days of installation.
Section 3. Eagan City Code Chapter Ten is hereby amended by adding Section 10. 11,
Subd. 7(F) and (G), to read as follows:
F. Declaration by another jurisdiction. Any dog declared potentially dangerous by any
jurisdiction shall be maintained under physical restraint at all times that the dog is present
within the city. The owner of any_ dog _declared potentially dangerous by my other
iurisdiction shall:
1. Notifv the citv that the doa has been declared potentially dangerous;
2. Implant, or cause to be implanted, a microchip in the dog for identification; and
3. Provide to the city the name of the microchip manufacturer and identification
number for the microchip implanted within 7 days of the date the microchip was
implanted.
Proper notice to the city that another jurisdiction has declared a dog potentially dangerous
shall only be completed upon presentation of a copy of the other jurisdiction's notice
declaring the potentially dangerous. This clause shall apply to any dog that is kept or
harbored within the city for more than 48 hours.
G. Notice of disposition of potentially dan -aerous and danzerous dogs. The owner of a
potentially dangerous or dangerous dog shall notify the city, in writing, of the death of the
dog or its transfer to a new jurisdiction within 30 days of the death or transfer. Following
the notice, the owner shall, if requested by the city, execute an affidavit under oath setting
forth the circumstances of the dog's death and disposition, or the complete name, address,
and telephone number of the person to whom the dog was transferred.
�7
Section 4. Eagan City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 10.99, entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated
verbatim.
Section 5. 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:
CITY OF EAGAN
City Council
By: Mike Maguire
Its: Mayor
Date Ordinance Published in the Legal Newspaper:
Z/ e
Agenda Memo
September 7, 2010 Eagan City Council Meeting
NEW BUSINESS:
A. Certification of the preliminary 2011 budget and property tax levy, and setting of public
meeting dates on which the budget and levy will be discussed.
ACTIONS TO BE CONSIDERED:
To approve the preliminary payable 2011 property tax levy as follows:
General Revenue levy $ 27,054,888
Community Center bonds debt service 1,192,223
Cedarvale Special Services District 600
Total levy $ 28,247,711
• To approve the preliminary 2011 General Fund expenditure budget, including contingency, of
$27,687,900.
• To set the date for the public hearing of the 2011 levy and budget as December 7 and the date
for the final adoption of the 2011 levy and budget as December 21.
• To make the following announcement:
o "The next regularly scheduled meeting at which the levy and budget will be
discussed is the City Council meeting of Tuesday, December 7 at 6:30 p.m., right
here in the Council Chambers. The meeting at which the final levy and budget will
be determined is the City Council meeting of Tuesday, December 21 at 6:30 p.m.,
again here in the Council Chambers. The public will be allowed to speak at these
meetings."
FACTS:
• The City Council is required by law to certify the proposed payable 2011 budget and property
tax levy on or before September 15. The levy can be subsequently decreased, but not increased.
• Under the 2009 changes to the Truth -in- Taxation (TnT) laws, by September 15, the City
Council is required to announce the date and time of the next regularly scheduled meeting(s) at
which the budget and levy will be discussed, and the date and time of the meeting at which the
budget and levy will be adopted. The law also requires the Council to announce that the public
will be allowed to speak at these meetings.
• The City Council reviewed the 2011 General Fund budget at the August 9 workshop. At that
time, the budget presented was a 1.1 % increase over 2010. Subsequently, the employee health
insurance costs were revised downward, and the proposed budget now reflects a 0.55% increase.
• The 2011 budget remains below inflation. The budget does not include dollars for wage
increases.
• The Finance Committee reviewed the proposed budget and levy on August 17, and
recommended a levy that amounts to an increase of 2.8% over the prior year, which includes a
2% budget allowance for uncollectable taxes. The allowance reflects Eagan's practice of being
conservative in its budgeting estimates.
M
Agenda Memo
September 7, 2010 Eagan City Council Meeting
• The recommended levy increase would result in a $27 increase for the average- priced home.
• While the General Fund budget is only up 0.55 %, the levy increase of 2.8% prepares the City
for the likelihood of uncollectable taxes in this economic environment, while adequately
funding planned -for capital expenditures, including public safety vehicles and the proposed
Duckwood overpass at I -35E.
• The City's tax capacity rate is estimated to increase from 30.408% to 33.627 %. The tax
capacity rate increase is primarily attributed to declining property values, and to a lesser
extent, an increase in spending.
• Both the budget and levy will be reviewed, with public input received, at the December 7
meeting. Final adoption will be at the December 21 meeting, with public input received at that
meeting as well. (The TnT laws no longer require cities to hold budget hearings on different
dates than the County and school district, so it is not necessary to reschedule the December City
Council meetings as in the past.)
• The County will use this preliminary certification information in preparing TnT notices to be
mailed in November.
• The County has again advised the City of the option to include a very basic insert with the TnT
notices. Due to the inherent limitations, the City historically has not prepared an insert and none
is contemplated for this year unless otherwise directed by the City Council.
ATTACHMENTS:
• The preliminary 2011 General Fund expenditures budget summary is enclosed on page G 1
wulm
2011 Gen Fd exp summary
9 -15 -10 version
9/1/2010
2011
Comparative Summary of Expenditures
General Fund Budget
GENERAL GOVERNMENT
01 Mayor & Council
02 Administration
03 Information Technologies
04 City Clerk
05 Finance
06 Legal
07 Comm Dev-- Planning /ED
08 Comm Dev -- Inspections
09 Communications
10 Human Resources
Gen Govt Total
PUBLIC SAFETY
11 Police
12 Fire
Public Safety Total
PUBLIC WORKS
21 Public Works /Engineering
22 Streets & Highways
24 Central Svices. Maint.
Public Works Total
PARKS & RECREATION
30 Recreation
31 Parks
32 Tree Conservation
Parks & Rec Total
GENL GOVT BLDG MAINT
33 Government Buildings
Subtotal
41 Contingency -- undesignated
General Fund Total
2010 1 2011 A
Budget
Budget
Amount
%
$ 141,200
$ 143,300
$ 2,100
1.5%
497,300
506,900
9,600
1.9%
1,265,100
1,283,200
18,100
1.4%
312,900
255,300
(57,600)
-18.4%
1,099,300
1,115,500
16,200
1.5%
395,000
407,700
12,700
3.2%
900,500
910,500
10,000
1.1%
904,100
915,800
11,700
1.3%
448,700
457,700
9,000
2.0%
241,800
242,600
800
0.3%
6,205,900
6,238,500
32,600
0.5%
10,978,700
11,101,000
122,300
1.1%
1,697,000
1,726,700
29,700
1.8%
12,675,700
12,827,700
152,000
1.2%
1,226,200
1,175,200
(51,000)
-4.2%
1,743,500
1,659,800
(83,700)
-4.8%
608,400
611,700
3,300
0.5%
3,578,100
3,446,700
(131,400)
-3.7%
1,907,700
1,924,100
16,400
0.9%
2,004,600
1,996,600
(8,000)
-0.4%
485,000
484,400
(600)
-0.1%
4,397,300
4,405,100
7,800
0.2%
636,600 721,100 84,500
27,493,600 27,639,100 $ 145,500
43,500 48,800 5,300
$ 27,537,100 $ 27,687,900 $ 150,800
SI
13.3%
0.53%
12.2%
0.55%
Agenda Information Memo
September 7, 2010, Eagan City Council Meeting
B. 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 30 semi trailers and 13 trucks upon property located at 1980 Seneca Road, legally described as
Lot 2, Block 1, Cedar Industrial Park, 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 30 semi trailers and 13 trucks.
➢ The property is zoned I -1 (Limited Industrial).
➢ Outdoor storage is an approved use in the Industrial Zoning district; via a CUP.
➢ The 4.1 -acre site contains a 52,000 square foot office /warehouse building, constructed
in 1972.
➢ The Advisory Planning Commission held a public hearing on August 24, 2010, and
is recommending approval of the CUP.
ISSUES: None
60 DAY STATUS: September 15, 2010
ATTACHMENTS (3):
Location map on page_.
Draft August 24, 2010 APC minutes on pages
Staff report report on pages _Cj'7_through
sa
Locati ®n nllap
,I I Lone .i4 Rd
Yonkea Dondls. Rdl
Fort Snelling State Park
.A Dm.y Rd
4 Chill Rd
w..w..w.. w..w..w ,jw /.�
Map Area Extent
Sky Hill Park
Subject Site '
FELL ? -G 31L' /EP. FELL P
1
�> r Woodhaven Park
° P_eridot Path Park
d 1
Feet
Project Name: Dover Partners 0 500 1,000 2,000
Request: Conditional Use Permit Legend
Case Nos.: 17- CU- 07 -07 -10 ,,,1110
rwlll5 City Boundary
Parcels
Parks
Buildings N
400� y
Cit of Up
b �3,
Advisory Planning Commission
August 24, 2010
Page 4 of 5
B. Dover Partners
Applicant Name: Dover Partners
Location: 1980 Seneca Road; Lot 2, Block 1, Cedar Industrial Park
Application: Conditional Use Permit
A Conditional Use Permit to allow outdoor storage of semi trailers and trucks.
File Number: 17- CU- 07 -07 -10
Planner Dudziak introduced this item and highlighted the information presented in the City Staff
report dated August 17, 2010. She noted the background and history,
Ron Have, Dover Partners stated bituminous improvements may not be completed by
November 1, 2010, and requested a new deadline of July 1, 2011.
Mr. Hohenstein stated Staff would agree to the extension of bituminous improvements if the
Advisory Planning Commission deems necessary.
Member Piper suggested the following amendment to condition number 6, to ensure repair of
the fence.
1 VVheFe neGessary, Damaged portions of the storage area perimeter fence shall be
repaired /replaced no later than November 1, 2010.
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 moved, Member Piper seconded a motion to recommend approval of a
Conditional Use Permit to allow outdoor storage of 30 semi trailers and 13 trucks upon
property located at 1980 Seneca Road, legally described as Lot 2, Block 1, Cedar Industrial
Park, subject to the following conditions as amended:
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval
by the City Council.
2. The outdoor storage shall be limited to 30 semi - trailers and 13 trucks. The storage occurs
as depicted on the Site Plan received July 23, 2010.
3. The storage area shall be maintained in an orderly fashion.
4. The proposed outdoor storage areas shall be surfaced with bituminous asphalt no later than
NevembeF 1, 2010 July 1, 2011.
5. All parking and storage areas shall be properly maintained to prevent deterioration.
6. Wh Damaged portions of the storage area perimeter fence shall be
repaired /replaced no later than November 1, 2010.
7. If the use of the building changes, or overflow parking becomes an issue in the future, some
of the outdoor storage area shall be converted to off - street parking in the amount necessary
to satisfy off - street parking needs within the site.
All voted in favor. Motion carried 7 -0.
V. VISITORS TO BE HEARD (FOR THOSE NOT ON AGENDA)
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: August 17, 2010
APPLICANT: Dover Partners
PROPERTY OWNER: Dover Partners
REQUEST: Conditional Use Permit
LOCATION: 1980 Seneca Road
CASE: 17- CU- 07 -07 -10
HEARING DATE: August 24, 2010
APPLICATION DATE: July 21, 2010
PREPARED BY: Pamela Dudziak
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 and trucks upon property located at 1980 Seneca Road, legally described as Lot 2,
Block 1, Cedar Industrial Park.
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 — Dover Partners (1980 Seneca Road)
August 24, 2010
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.
BACKGROUNDMISTORY
Cedar Industrial Park was platted in October 1967. Outdoor storage has occurred for many years
and the owner recently discovered no CUP had ever been approved for this site. A recent zoning
enforcement case involving outdoor storage of household items, refuse and unlicensed vehicles
prompted review of the site.
EXISTING CONDITIONS
The 4.1 -acre site contains a 52,000 square foot office /warehouse building, constricted in 1972.
The site contains a significant amount of healthy, mature trees that were likely planted when the
building was constructed almost forty years ago.
The site is located south of the intersection of Kennebec Drive and Seneca Road. Access is
provided from Kennebec Drive on the north end of the site. The lot is triangular in shape, with
street frontages on the northeast and west sides of the property. The building is located on the
northeast portion of the site, parallel to Seneca Road.
5(p
Planning Report — Dover Partners (1980 Seneca Road)
August 24, 2010
Page 3
Much of the lot is paved with bituminous, and the storage that has been occurring has expanded
beyond the existing paved surface west of the building. The loading dock/storage area and the
perimeter fencing of that same area have sections that are in a state of disrepair.
The items associated with the zoning enforcement case have been abated.
SURROUNDING USES
The site is completely surrounded by property zoned I -1, Limited Industrial and guided IND,
Limited Industrial and utilized for a variety of industrial uses including office, warehouse,
distribution, manufacturing, related outdoor storage and service garage.
EVALUATION OF REQUEST
Compatibility with Surrounding Area — Outdoor storage is a conditional use in the I -1 zoning
district. The proposed use appears compatible with the surrounding properties and existing uses.
Airport Noise Considerations — The City's adopted Comprehensive Guide Plan currently
designates the subject site as IND, Limited Industrial. Based on the Metropolitan Council Policy
Contours adopted in 2007, the site is located within the one -mile buffer area of the 60 dB
contour, placing it within Noise Policy Zone 4. Industrial uses are considered Compatible Uses
within the Noise Buffer Zone.
Site Plan — The applicant proposes the outdoor storage of semi trucks and trailers. The Site Plan
received July 23, 2010 provides the location and amount of outdoor storage. The narrative
provides further description, identifying 18 trailer spaces and 7 truck spaces along the western
border of the property, and another 12 trailer spaces and 6 truck spaces along the southern border.
Grading /Storm Drainage — The applicant is proposing to replace existing bituminous and pave
the proposed storage area; no grading is proposed. Storm water runoff from this site is
accommodated by existing storm sewer systems within Kennebec Drive and Seneca Road. No
changes are proposed or necessary with this proposal.
Utilities — The existing building is connected to the City sanitary sewer and water main systems.
No additional connections are proposed with this application.
Access — Access is provided from Kennebec Drive on the north end of the property. No changes
are proposed to the access location.
Site Lighting — Site lighting presently consists of both pole- mounted fixtures approximately 20 in
height, and wall- mounted fixtures located on the building. Existing fixtures are downcast and
directed into the property. No changes to the site lighting are proposed.
S"7
Planning Report — Dover Partners (1980 Seneca Road)
August 24, 2010
Page 4
Outdoor Storage — In addition to the requirements for a conditional use permit listed above, City
Code Section 11.70, Subdivision 22, C, 2, lists performance standards for outdoor storage as
follows:
U. 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. In general business (GB) and community
shopping center (CSC) zoning districts, the enclosure shall be attached to the
principal building and be constructed of materials which are aesthetically
compatible with the principal building. In limited industrial (I -1) and general
industrial (I -2) zoning districts, the enclosure may be detached from the principal
building. An existing chain link fence encloses the storage area. Portions of the
existing fence are in a state of disrepair. Access to the north is open; full
enclosure does not appear to be necessary given the use, location and surrounding
uses.
b. 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. The
storage area is located in a rear yard. A minimum 5' setback is required for
outdoor storage from side and rear lot lines abutting other industrial uses. The
applicant's narrative indicates they intend to place jersey barriers (concrete barrier
2' wide x 3' tall) 5' from the lot lines to maintain the required setback and prevent
trucks from backing into the fence.
C. 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 building screens the storage area from Seneca
Road. There is limited screening from Kennebec to the north because of the
driveway access; however, existing mature vegetation on other sides and adjacent
property provide screening. A fence within the property also encloses the storage
area, although the trucks and trailers are taller than the fence.
d. The storage area shall not interfere with any pedestrian or vehicular movement.
The proposed storage plan maintains the driving and maneuvering area between
the storage locations at the edge of the property and the rear of the building where
trailers may be docked.
e. The storage area shall not take up required parking spaces or landscaping areas.
The proposed storage area does not occupy required landscaping areas. The site
plan provides 25 parking stalls at the north end of the lot. Assuming 100%
warehouse, the 51,383 sq. ft. building requires 60 parking stalls. Thus, the site
does not currently meet minimum off - street parking requirements; however, if the
use of the building changes, or overflow parking becomes an issue in the future,
some of the outdoor storage area could be converted (at the expense of trailer
Planning Report — Dover Partners (1980 Seneca Road)
August 24, 2010
Pap-e 5
storage) to off - street parking in the amount necessary to satisfy off - street parking
needs within the site. Additionally, the site has functioned adequately with the
current amount of off - street parking for many years.
f: 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 applicant's narrative indicates that the entire storage area will
be paved with bituminous and concrete pads installed to support the dolly legs of
the trailers.
SUMMARY /CONCLUSION
The applicant is requesting approval of a Conditional Use Permit (CUP) for the outdoor storage
of semi - trucks and trailers. This type of use is common in the area and it appears all of the
standards for outdoor storage are met. The site is located in an industrial area and the proposed
outdoor storage occurs on the rear yard of the property. Issues that originally triggered a code
enforcement action have been corrected.
ACTION TO BE CONSIDERED
To recommend approval of a Conditional Use Permit to allow outdoor storage of 30 semi
trailers and 13 trucks upon property located at 1980 Seneca Road, legally described as Lot 2,
Block 1, Cedar Industrial Park.
If approved, the following conditions should apply:
This Conditional Use Permit shall be recorded at Dakota County within 60 days of
approval by the City Council.
2. The outdoor storage shall be limited to 30 semi - trailers and 13 trucks. The storage occurs
as depicted on the Site Plan received July 23, 2010.
3. The storage area shall be maintained in an orderly fashion.
4. The proposed outdoor storage areas shall be surfaced with bituminous asphalt no later
than November 1, 2010.
5. All parking and storage areas shall be properly maintained to prevent deterioration.
6. Where necessary, damaged portions of the storage area perimeter fence shall be
repaired /replaced no later than November 1, 2010.
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Planning Report — Dover Partners (1980 Seneca Road)
August 24, 2010
Page 6
7. If the use of the building changes, or overflow parking becomes an issue in the future,
some of the outdoor storage area shall be converted to off - street parking in the amount
necessary to satisfy off - street parking needs within the site.
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Planned improvements to property at 1980 Seneca Road
We are seeking a conditional use permit from the city of Eagan to allow parking of semi
trailers and trucks on the rear of the property at 1980 Seneca Road. We are submitting a
drawing that shows the parking layout that we would like to be granted. You will see on
the drawing that we are proposing 18 trailer spaces and 7 truck spaces along the western
border of the property. Likewise we are proposing 12 trailer spaces and 6 truck spaces
along the southern border.
We would like to replace the existing bituminous and pave the presently unpaved areas of
the back lot. Presently this lot surface drains to the southeastern corner and then surface
drains over a grass swale on to Seneca Road and in to the storm sewer system. We would
like to keep the same grades and drainage plan. You'll see on the survey that the chain
link fence is on the property line. We are proposing to leave a five foot green area inside
the fence around the entire perimeter as the parking set back from the property line. At
the five foot line we would like to install a continuous line of "jersey barrier" (two feet
wide and three feet tall to prevent trucks from backing into the chain link fence. Then
from the seven foot point we would start the paving. We would additionally propose to
install a two foot ribbon of concrete strategically placed to accommodate dolly legs of the
trailers. We would plan to install a wider pad of ten feet in front of the loading docks also
for dolly legs. Once the new bituminous is installed we would stripe the lot according to
the requested design. The very southwest corner of the property will be turned into a
green grass area that will be used in the winter for snow plowing accumulation. The very
southeast corner of the property will also be used for snow accumulation.
Thanks for your consideration.
r,E F iv,
Conditional Use Permit submittal information
PID 10- 16800 - 021 -01
Site address 1980 Seneca Road Eagan MN 55122
Proposal narrative
We are seeking a conditional use permit that will allow parking of trucks and semi
trailers. These trucks and trailers pickup and or deliver to this facility or our other facility
at 3703 Kennebec Drive just across the street. The property is zoned industrial and there
are many other buildings in the area that have been granted similar permission.
Exterior Lighting Plan
On the drawings submitted the exterior light poles are noted. I don't know what the foot
candle illumination is at the property edge. The Lights are directional and all the light is
directed to this property. Additionally there are four wall mounted light packs that are
also directional and focused on this property. I would estimate that the height of all the
outdoor fixtures is about twenty feet above the ground.
Landscape
The building is nicely landscaped on the street side of the building. All truck and trailer
parking is screened from the street by the building. The western border of this property is
screened very nicely by a variety of trees, shrubs and other vegetation that is growing on
the neighboring property.
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