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10/15/2013 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING OCTOBER 15, 2013 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE 3 II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS _�_A. RECOGNIZE Jon Eaton for receiving the 2013 Leonard N. Thompson Award by the North Central Section of the American Water Works Association (AWWA) IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) 6 A. APPROVE MINUTES lq--B. PERSONNEL ITEMS �(p C. APPROVE Check Registers D. APPROVE a resolution to accept a donation of $200 from Alerus for the Fire Department and authorize the necessary budget adjustments 19 E. RECEIVE Final Assessment Report for Project No. 1100 — Dodd Road (Cliff Road to Diffley Road) - Street Improvements and Schedule Public Hearing for November 19, 2013 a'D F. RECEIVE Final Assessment Report for Project No. 1097 — Summer Place/ Summer Place Second Additions - Street Improvements and Schedule Public Hearing for November 19, 2013 __G. RECEIVE Final Assessment Report for Project No. 1046 — Old Sibley Highway- Street Improvements and Schedule Public Hearing for November 19, 2013 S o� H. RECEIVE Final Assessment Report for Project No. 1121 —Patrick Addition (Hay Lake Court) — Street Improvements and Schedule Public Hearing for November 19, 2013 J3 I. RECEIVE Final Assessment Report for Project No. 1120 — Nicols Road (Cedar Grove Parkway to Meghan Lane in Cedar Grove No. 3) — Street Improvements and Schedule Public Hearing for November 19, 2013 J. RECEIVE Final Assessment Report for Project 1119 — Eagandale Center Industrial Park (Neil Armstrong Boulevard, Mike Collins Drive) — Street Improvements and Schedule Public Hearing for November 19, 2013 K. RECEIVE Final Assessment Report for Project 1118 — Dodd Farm (Calvin Court) — Street Improvements and Schedule Public Hearing for November 19, 2013 J(0 L. APPROVE Resolution In Support of Dakota County's 5 -Year Transportation Capital Improvement Program (2014 -2018) �M. AWARD City Contract 13 -23 (Lot 1, Block 2 Rathman Addition — Sewer & Water Services) �)Q N. APPROVE Final Payment, City Contract No. 13 -08, High Water Pressure Zone — In House Pump Removals O. APPROVE an Agreement with Dakota County Technical College (DCTC) - Defensive Driver Training P. APPROVE Joint Powers Agreement with Dakota County Transportation — Storm Water Management Facilities Q. APPROVE Resolution Terminating the Gun Club Lake Watershed Management Organization Joint Powers Agreement 3 R. APPROVE Extension of Final Plat Recording for Kennerick 4th Addition LID S. APPROVE Exempt Permit for Eagan High School Drumline Booster Club, Inc. to hold a raffle on February 1, 2014 Ha T. RESCHEDULE Public Hearing to certify delinquent Utility Bills to November 4, 2013 3 U. RESCHEDULE Public Hearing to certify delinquent mowing, noxious weed and refuse removal bills to November 4, 2013 —9-4—V. RESCHEDULE Public Hearing to certify delinquent false alarm bills to November 4, 2013 45 W. APPROVE Exempt Permit for Eagan Resource Center to hold a raffle on December 5, 2013 Pa VI. VII. VIII. IX. X. X/ IIf ":f PUBLIC HEARINGS -ffq—A. FINAL Assessment Hearing, Project No. 1096 — Willbrook Addition — Street Improvements �3 B. FINAL Assessment Hearing, Project No. 1105 —The Oaks of Bridgewater 1St -3rd Additions - Street Improvements (90 C. FINAL Assessment Hearing, Project No. 1101 — Hidden Valley - Street Improvements _&o D. FINAL Assessment Hearing, Project No. 1099 — Ted Wachter Addition (Civic Center Drive) - Street Improvements '�d E. FINAL Assessment Hearing, Project No. 1059 — Eagan Woods Office Park — Street Improvements 10 F. FINAL Assessment Hearing, Project No. 1085 — Denmark Avenue - Street Improvements _e(a_G. VARIANCE — Kathryn and Theodore Plunkett - A Variance to exceed the 20 % maximum building coverage to allow a covered deck 1684 Galway Lane H. VARIANCE - Holiday Stationstores — David Edquist - A Variance to the building setback requirements to allow an expansion of the car wash located at 1650 Diffley Road VARIANCE — Kohl's - A Variance to the exterior finish materials standards for a commercial building fapade remodel located at 1350 Town Centre Drive OLD BUSINESS NEW BUSINESS LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER `c�cl B. ADOPT AGENDA 1S0 C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. APPROVE Amendment of Purchase Agreement with the Flats at Cedar Grove LLC regarding Date of Closing B. OLD BUSINESS C. NEW BUSINESS D. OTHER BUSINESS G. ADJOURN ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development VISITORS TO BE HEARD (for those persons not on the agenda) CLOSED SESSION ADJOURNMENT IF AbL-. City of Eap ma TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: OCTOBER 11, 2013 SUBJECT: AGENDA INFORMATION FOR OCTOBER 15, 2013 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the October 15, 2013 City Council agenda, the following items are in order for consideration. I Agenda Information Memo October 15, 2013 Eagan City Council Meeting RECOGNITIONS AND PRESENTATIONS 2013 LEONARD N. THOMPSON AWARD RECOGNITION: Utility Superintendent Jon Eaton was recently recognized with the 2013 Leonard N. Thompson Award. The North Central Section of the American Water Works Association (AWWA) would like to recognize Superintendent Eaton at the October 15 Council meeting. FACTS: • The Leonard N. Thompson Award was established by the North Central Section of the American Water Works Association (AWWA) in remembrance of an individual who loved his work in the water industry and devoted his life to service to his community and service to the water industry. The award is made annually to a Minnesota Section member who typifies the standards that were emblematic of Leonard Thompson's contributions to the Section and the water supply industry. • Jon has been an active member of AWWA for almost 20 years, serving in numerous roles. He has also served on the Suburban Utilities Superintendent Association (SUSA) executive board, State of Minnesota Laboratory Certification Advisory Panel, and the Minnesota Department of Health Environmental Health Knowledge Management Project. • A University of Minnesota, Institute of Technology graduate with a Bachelor of Chemistry, Jon has worked in the environmental sciences for almost 30 years and the water utility business for almost 20 years. • Jon has volunteered for a number of organizations, traveled to Africa with his wife to teach and guide children at a local school /orphanage, and continues to assist villages in central Honduras with water supply and distribution issues, medical services, and public infrastructure projects. • Jon is passionate about helping others and promoting public health, safety, and welfare through the improvement water and public infrastructure. • The award announcement was made at the AWWA, MN Section Fall Conference in September. Jon was also elected the AWWA Section Director. • Congratulations to Jon for this well deserved recognition and appreciation for his dedicated service to the citizens and businesses of Eagan. Agenda Information Memo October 15, 2013 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 October 1, 2013 City Council meeting as presented or modified. ATTACHMENTS: • Minutes of October 1, 2013, City Council meeting are enclosed on pages ((( through J3--- MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota OCTOBER 1, 2013 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire and Councilmembers Bakken, Fields, Hansen and Tilley. A regular meeting of the Eagan City Council was held on Tuesday, October 1, 2013 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Osberg, Director of Communications Garrison, Director of Finance Pepper, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Fire Chief Scott, Police Chief McDonald and Executive Assistant Stevenson. AGENDA Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions or presentations to be heard. CONSENT AGENDA The Council requested Consent items L and S be pulled for further discussion and separate voting. Councilmember Bakken moved, Councilmember Hansen seconded a motion to the Consent Agenda as presented: Aye:5 Nay :0 A. It was recommended to approve the minutes of September 10, 2013 Special City Council Meeting and the minutes of September 17, 2013 regular City Council meeting as presented. B. Personnel Items 1. It was recommended to approve the promotion of Denice Muccio -Grout to Utility Billing & Special Assessments Specialist and authorize the replacement of her former position as PT Receptionist/ Clerical Technician II in Administrative Services. 2. It was recommended to authorize the hiring of a part -time Temporary Receptionist/ Clerical Technician II in Administrative Services. 3. It was recommended to approve the hiring of the Temporary FT Clerical Technician in Community Development. 4. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation. C. It was recommended to approve check registers dated September 13 and 20, 2013. D. It was recommended to approve the replacement of three rooftop units on the City Hall /Police building that were damaged in the August 6 storm and amend the five year General Facility Renewal & Replacement CIP. E. It was recommended to receive Final Assessment Report for Project No. 1116 — Duckwood Crossings (Crestridge Drive) - Street Improvements and Schedule Public Hearing for November 4, 2013. I City Council Meeting Minutes October 1, 2013 2 page F. It was recommended to receive Final Assessment Report for Project No. 1109 — Ridgehaven Acres /Rustic Hills /Skyline - Street Improvements and Schedule Public Hearing for November 4, 2013. G. It was recommended to receive Final Assessment Report for Project No. 1106 — Blackhawk Glen /Blackhawk Ridge - Street Improvements and Schedule Public Hearing for November 4, 2013. H. It was recommended to receive Final Assessment Report for Project No. 1115 —Wescott Hills /The Woodlands North /Trails End — Street Improvements and Schedule Public Hearing for November 4, 2013. I. It was recommended to receive Final Assessment Report for Project No. 1111— Great Oaks — Street Improvements and Schedule Public Hearing for November 4, 2013. J. It was recommended to approve an Amendment to Assessment /Easement Agreement with Cedarvale Business Center for Project 888 — Cedar Grove Parkway —Trail and Lighting Improvements. K. It was recommended to approve a Joint Powers Agreement with Dakota County Transportation Department, City Project No. 971 - Duckwood Drive Overpass, Pilot Knob Road to Federal Drive — Street and Utility Improvements. L. Item pulled M. It was recommended to award the contract for Contractual Snow & Ice Control Services. N. It was recommended to approve an Amendment to Water Quality Cost -Share Partnership Program with All Saints Lutheran Church — Parking Lot Biofiltration. O. It was recommended to approve Change Order No. 2, City Contract No. 13 -12, Cedar Grove Parkway Trail & Lighting Improvements. P. It was recommended to approve Final Payment, City Contract No.13 -02, Citywide Street Improvements. Q. It was recommended to approve Final Payment, City Contract No. 13 -17, 1 &1 Manhole Sealing. R. It was recommended to approve Final Plat for Cedar Grove 3 d Addition. S. Item pulled T. It was recommended to approve an Exempt Permit for Caring Souls to hold a raffle on December 31, 2013 at 2956 Center Court. U. It was recommended to approve a Premise Permit for the Eagan Lions to lawful gambling at La Fonda de los Lobos, 3665 Sibley Memorial Highway. V. It was recommended to approve an Exempt Permit for Moms & Neighbors, Inc. to hold a raffle on November 8, 2013 at 4185 South Robert Trail. Mayor Maguire noted Items L. Approve Vacation of Public Drainage & Utility Easements — Lot 1, Block 1, Parkview Golf Club and Item S. Approve Final Subdivision and Final Planned Development for Dakota Path and IMPLEMENT Comprehensive Guide Plan Amendment for Lot 1, Block 4 have been pulled for further discussion and provided clarification of what each item was requesting for approval. City Administrator Osberg introduced item S noting the Council is asked to consider for approval a Final Planned Development, a Final Subdivision, and a Comprehensive Guide Plan Amendment. City Planner Ridley gave an overview of the process required for a final planned development and final subdivision. City Attorney Dougherty addressed questions surrounding the final improvement for Dakota Path and the tree located on the easement vacation for Parkview Golf Club and the issue of the sanitary sewer connection. 01 City Council Meeting Minutes October 1, 2013 3 page The Council discussed directional drilling as an option to preserve the tree. Ron Mullenbach, representing D.R. Horton, provided some context on the issues of directional boring and provided an estimated cost. Mr. Mullenbach noted D.R. Horton is aware of other commitments that may have been made by Hunter Emerson and are willing to work independently with the property owners at the appropriate time. He indicated that D.R. Horton wants to be a good neighbor and, where at all possible, will try to accommodate those requests. Mayor Maguire asked if D.R. Horton has an interest in doing the directional drilling. Mr. Mullenbach indicated they are not opposed to it, but are concerned with the cost and suggested all parties get together to discuss the financial responsibility. Mayor Maguire opened the meeting for public comment. The following Eagan residents addressed the Council with questions and /or concerns about commitments made by the previous developer and possible options to preserve the tree on Mr. Poppler's property: Kathleen Brown, 1386 Camelback Drive, Larry Poppler, 4608 Fairway Hills Drive, Amy Cutter, 4680 Fairway Hills Drive, Mark Skweres, 4616 Fairway Hills Drive, Debbie Hager, 4648 Fairway Hills, and Joe Miller, 4640 Fairway Hills Drive. Mayor Maguire asked staff to respond to all questions and concerns presented by the residents. City Administrator Osberg and City staff responded to all of the questions raised by residents during the public testimony. The Council discussed the issues. After further discussion, it was the consensus of the Council to defer the directional drilling to preserve the tree to a future Public Works Committee Meeting. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the vacation of public drainage and utility easements located on Lot 1, Block 1, Parkview Golf Club, and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Final Planned Development upon approximately 79 acres located south of Cliff Road and east of Pilot Knob Road. Aye: 5 Nay :0 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Final Subdivision (Dakota Path) to create 57 lots and 6 outlots upon approximately 80 acres located south of Cliff Road and east of Pilot Knob Road with addition of the following condition: Aye: 5 Nay: 0 As stated by the developer directional boring shall be done for the connection to the sanitary sewer easement through the Poppler property to Fairway Hills Drive. The City at its discretion may reimburse the developer on completion thereof in an amount to be negotiated. Plans for the boring and connection shall be submitted by the developer and approved by the City prior to installation. Councilmember Fields moved, Councilmember Bakken seconded a motion to implement a Comprehensive Guide Plan Amendment changing the land use designation from LD (Low Density) to QP (quasi - Public for 0.48 acres located south of Cliff Road between Fairway Hills Drive and Parkcliff Drive, proposed as Lot 1, Block 4, Dakota Path. Aye: 5 Nay: 0 r City Council Meeting Minutes October 1, 2013 4 page The Council took a 10 minute break. PUBLIC HEARINGS FINAL ASSESSMENT HEARING PROJECT NO. 1110 —WILDERNESS RUN 2ND — 4T" — STREET IMPROVEMENTS City Administrator Osberg introduced the item noting Project 1110 provided street improvements on the residential streets of Wilderness Run 2nd -4t" Additions in south central Eagan. Director of Public Works Matthys gave a staff report noting a written objection was received from David Hines. Mayor Maguire opened the public hearing. David Hines, 4395 Nybro Circle, addressed the Council noting his objection with the assessment for the street improvements on Nybro Circle. There being no further public comment, he turned discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Final Assessment Roll for Project 1110 (Wilderness Run Second- Fourth Additions — Street Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 The Council discussed the issue. After further discussion, it was the consensus of the Council to defer Mr. Hines concerns about the street improvements as related to his driveway to a future Public Works Committee meeting. PROJECT NO. 1107 — PARK CENTER DRIVE STREET IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Osberg introduced the item noting Project 1107 provided street improvements on Park Center Drive, a commercial /residential street in southwest Eagan. Director of Public Works Matthys gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 1107 (Park Center Drive — Street improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT NO. 1029 — SOUTH OAKS STREET IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Osberg introduced the item noting Project 1029 provided street improvements for the residential streets of South Oaks, a neighborhood in southeast Eagan. Director of Public Works Matthys gave a staff report. kil City Council Meeting Minutes October 1, 2013 5 page Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 1029 (South Oaks — Street Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT NO. 1098 — WEXFORD /WEXFORD 2nd ADDITIONS STREET IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Osberg introduced the item noting Project 1098 provided street improvements for the residential streets of Wexford and Wexford 2nd in central Eagan. Director of Public Works Matthys gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 1098 (Wexford /Wexford 2nd —Street Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT NO. 1117 — MANOR LAKE /LAKEVIEW TRAIL STREET IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Osberg introduced the item noting Project 1117 provided street improvements on Manor Lake and Lakeview Trail neighborhood residential streets in south east Eagan. Director of Public Works Matthys gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 1117 (Manor Lake /Lakeview Trail — Street Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT NO. 1065 — LEXINGTON WAY STREET IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Osberg introduced the item noting Project 1065 provided street improvements on Lexington Way, a mixed use street in central Eagan. Director of Public Works Matthys gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. 1,10 City Council Meeting Minutes October 1, 2013 6 page Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 1065 (Lexington Way — Street Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 There was no old business to be heard. OLD BUSINESS NEW BUSINESS CONDITIONAL USE PERMIT AND VARIANCES — CARIBOU COFFEE City Administrator Osberg introduced the item noting the Council is being asked to consider three action items to approve a Conditional Use Permit to allow a drive through, a Variance to parking stall width and a Variance to reduce the number of required parking stalls for the property located at 1380 Duckwood Drive. City Planner Ridley gave a staff report noting the APC typically does not take action on Variances unless they are part of another request, such as this situation. The Variances were recommended for approval on split votes as the APC toiled with the "practical difficulty" Variance language in the City Code. The APC asked if parking stall standards could be discussed by the commission at a later date. Ridley noted additional discussion occurred regarding creation of a bypass lane to allow customers to circulate behind the building and exit onto Duckwood Drive. A revised Site Plan was prepared and received. Todd Geller representative of the property owner provided background information and an overview of the request and was available for questions. A representative of Caribou was available for questions. The Council discussed the proposed stall widths. Mr. Geller explained if they went to all 9' 6" foot stalls in the front of the building and 10 foot 90 degree stalls on the back parking stalls they would lose an additional four stalls. As proposed, the site would be four stalls short of the Code requirement. After more discussion, the Council was in agreement that all stalls shall be striped to be no less than 9' 6" wide with the understanding that the site would be eight stalls short. Mayor Maguire noted the City Code should match what the industry is using for parking stalls and deferred parking stall standards to be discussed at a future Advisory Planning Commission meeting. Councilmember Fields agreed with the Mayor but stated her preference for wider stalls due to the popularity of larger SUV's. Mayor Maguire noted he had a few concerns: 1) the back of the building receiving deliveries and the through traffic, and 2) the fire lane in the front of the building. Mr. Geller responded to the Mayor's concerns. City Council Meeting Minutes October 1, 2013 7 page Mayor Maguire asked if anyone in the audience would like to comment on the amendment. There being no public comment, he turned discussion back to the Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit (CUP) to allow a drive through for property located at 1380 Duckwood Drive, subject to the following conditions as amended: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council with the following exhibit: Site Plan received September 5, 2013 2. A 10 foot clearance shall be maintained around fire hydrants, specifically near the drive through directional signage at the entrance of the drive through lane. 3. The drive through awning and clearance bar shall be a minimum of 13'6" in height and noted as such on the Clearance Bar sign. 4. All signage shall be subject to compliance with City Code standards and a Sign Permit is required prior to installation of any new signs. 5. The Fire Lane shall be striped and signed per the Site plan received September 5, 2013. The applicant shall install "No Parking Fire Lane" signs with spacing to be every 100 feet apart, in a form acceptable to the City Fire Marshal. This shall be completed by May 1, 2014. 6. Trash and recycling receptacles shall be kept inside the building or within an enclosure constructed according to City Code standards. 7. Any dead or diseased plants shall be replaced in accordance with the City Code by June 1, 2014. 8. A 20 foot clear zone with surmountable curb between the parking lot and drive aisle shall be designed for emergency vehicle access only, as shown on the Site Plan received September 5, 2013. 9. The rear of the building shall include a painted lane delineating through traffic and a painted area delineating loading areas adjacent to the building. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Variance to parking stall width for the property located at 1380 Duckwood Drive, subject to the following conditions as amended: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. All parking stalls shall be striped at no less than 9' 6" in width and depicted on a revised Site Plan submitted prior to any permits being issued and the work shall be completed by May 1, 2014. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Variance to reduce the number of required parking stalls for the property located at 1380 Duckwood Drive, by no more than eight stalls to be shown on a revised Site Plan, subject to the following conditions as amended: Aye:5 Nay:0 If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 01 City Council Meeting Minutes October 1, 2013 8 page 2. The revised parking lot layout shall be depicted on a revised Site Plan to be submitted prior to any permits being issued. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA COUNCIL Mayor Maguire noted City Administrator Osberg recently moved to Eagan and welcomed him as a new resident. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 11:07 p.m. Aye: 4 Nay: 0 Date Mayor City Clerk t�) Agenda Information Memo October 15, 2013 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Approve the hiring of Sarah Larsen, Temporary Receptionist/ Clerical Technician II in Administrative Services. FACTS: • The City Council previously approved to fill the temporary position on October 1, 2013. • It is anticipated that this temporary position will be needed for 2 -3 months until the permanent PT Receptionist position is filled. Item 2. ACTION TO BE CONSIDERED: Approve the hiring of Crystal Couillard, Strategic & Digital Marketing Specialist in the Communications Department. FACTS: • The addition of this new full -time position was approved in the 2013 Communications Department budget. Item 3. ACTION TO BE CONSIDERED: Approve the reorganization of staff in the Parks & Recreation Department. FACTS: • The following staff changes are in response to the upcoming retirement of the Superintendent of Operations in mid -2014. All changes will take place in October 2013 to allow for a transition and training period before the retirement of the Superintendent of Operations. The net effect of all changes is budget neutral when all budgets are considered together. • Marshall Grange, ECC Fitness Coordinator, to be promoted to ECC Manager. The ECC Manager will report to the Parks & Recreation Director. • Mike Sipper, Building Coordinator and Mark Vaughan, Campus Facilities Manager, will report to the Parks & Recreation Director. • Bob Kenney, Campus Facilities Manager on Duty, to be promoted to Campus Facilities Operations Coordinator. • The Recreation Facilities Division will also be reorganized: • Adult Sports programs will consolidate with Campus Facilities Operations. Jonathan Moore, Recreation Program Assistant, to become the Adult Sports Operations Coordinator and will report to Mark Vaughan, Campus Facilities Manager. • Sonya Rippe, Recreation Facilities Manager, to become the Administrative Analyst and will report to the Parks & Recreation Director. Item 4. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal Employees in Parks & Recreation: Name Division Job Title Community Lisa Gardner Center Guest Services Blake Jorgenson Civic Arena Building Attendant III \` Agenda Information Memo October 15, 2013 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated September 27, 2013 and October 4, 2013 as presented. ATTACHMENTS: • Check register dated September 27, 2013 are enclosed without page number • Check register dated October 4, 2013 are enclosed without page number �(0 Agenda Information Memo October 15, 2013 Eagan City Council Meeting CONSENT AGENDA: D. APPROVE a resolution to accept a donation of $200 from Alerus for the Fire Department and authorize the necessary budget adjustments ACTION TO BE CONSIDERED: APPROVE a resolution to accept a donation of $200 from Alerus for the Fire Department and authorize the necessary budget adjustments. FACTS: • Alerus Financial recently sent the fire department a $200 cash donation from their "Build a Community" program. • By approving these donations the 2013 Fire Department Equipment budget would receive a corresponding budget adjustment reflecting the donation. • The funds will be spent for additional replacement fire helmets. • A thank you letter will be sent to both groups from the fire department. ATTACHMENTS: Resolution on page 15 i9 EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on October 15th, 2013, at 6:30 p.m. The following members were present: Hansen, Bakken, Fields, Maguire, and Tilley. E� a Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, Alerus Financial has offered to donate $200 for use by the City of Eagan Fire Department; and WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two- thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks Alerus for the gracious and generous donation. ADOPTED this 15th day of October, 2013 Mike Maguire, Mayor ATTEST: Christina Scipioni, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon the vote being taken thereon, the following voted in favor: ; and the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. '/ Agenda Information Memo October 15, 2013 Eagan City Council Meeting E. PROJECT 1100, DODD ROAD (Cliff Road to Diffley Road) FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1100 (Dodd Road, Cliff Road to Diffley Road — Street Improvements) and schedule a public hearing to be held on November 19, 2013. FACTS: • Project 1100 provided approximately 1.0 mile of street improvements on Dodd Road, Cliff Road to Diffley Road, located in southeast Eagan, as outlined and discussed in the feasibility report and approved by the City Council. • This project, constructed under Contract 13 -02 has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's current 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 to 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 December 18, 2012. �q Agenda Information Memo October 15, 2013 Eagan City Council Meeting F. PROJECT 1097, SUMMER PLACE ADDITIONS FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1097 (Summer Place Addition and Second Addition — Street Improvements) and schedule a public hearing to be held on November 19, 2013. FACTS: • Project 1097 provided approximately 0.25 miles of street improvements within the Summer Place neighborhoods located in southeast Eagan, as outlined and discussed in the feasibility report and approved by the City Council. • This project, constructed under Contract 13 -02 has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's current 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 to 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 December 18, 2012. �i) Agenda Information Memo October 15, 2013 Eagan City Council Meeting G. PROJECT 1046, OLD SIBLEY HIGHWAY FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1046 (Old Sibley Highway — Street Improvements) and schedule a public hearing to be held on November 19, 2013. FACTS: • Project 1046 provided approximately 840 feet of street improvements on Old Sibley Highway, north of Diffley Road and west of Highway 77 (Cedar Avenue Freeway), located in west- central Eagan, as outlined and discussed in the feasibility report and approved by the City Council. • This project, constructed under Contract 13 -02 has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's current 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 to address any concerns. • The final assessments are approximately 38% less than the estimate contained in the feasibility report presented at the public hearing held on December 18, 2012. Dl Agenda Information Memo October 15, 2013 Eagan City Council Meeting H. PROJECT 1121, PATRICK ADDITION (Hay Lake Court) FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1121 (Patrick Addition (Hay Lake Court) — Street Improvements) and schedule a public hearing to be held on November 19, 2013. FACTS: • Project 1121 provided for approximately 320 feet of street improvements on Hay Lake Court located in southeast Eagan, as outlined and discussed in the feasibility report and approved by the City Council. • This project, constructed under Contract 13 -02 has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's current 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 to address any concerns. • The final assessments are approximately 45% less than the estimate contained in the feasibility report presented at the public hearing held on December 18, 2012. Z-W- Agenda Information Memo October 15, 2013 Eagan City Council Meeting I. PROJECT 1120, NICOLS ROAD FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1120 ( Nicols Road, Cedar Grove Parkway to Meghan Lane — Street Improvements) and schedule a public hearing to be held on November 19, 2013. FACTS: • Project 1120 provided for approximately 0.6 mile of street improvements on Nicols Road, between Cedar Grove Parkway and Meghan Lane, located in west - central Eagan, as outlined and discussed in the feasibility report and approved by the City Council. • This project, constructed under Contract 13 -02 has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's current 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 to address any concerns. • The final assessments are approximately 24% less than the estimate contained in the feasibility report presented at the public hearing held on December 18, 2012. Agenda Information Memo October 15, 2013 Eagan City Council Meeting J. PROJECT 1119, EAGANDALE CENTER INDUSTRIAL PARK FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1119 (Eagandale Center Industrial Park — Street Improvements) and schedule a public hearing to be held on November 19, 2013. FACTS: • Project 1119 provided for approximately 2.5 miles of street improvements in Eagandale Center Industrial Park, including Neil Armstrong Boulevard and Mike Collins Drive, located in northeast Eagan, as outlined and discussed in the feasibility report and approved by the City Council. • This project, constructed under Contract 13 -02 has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's current 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 to address any concerns. • The final assessments are approximately 30% less than the estimate contained in the feasibility report presented at the public hearing held on December 18, 2012. Ll Agenda Information Memo October 15, 2013 Eagan City Council Meeting K. PROJECT 1118, DODD FARM (Calvin Court) FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1118 (Dodd Farm (Calvin Court) — Street Improvements) and schedule a public hearing to be held on November 19, 2013. FACTS: • Project 1118 provided for approximately 155 feet of street improvements on Calvin Court located in southeast Eagan, as outlined and discussed in the feasibility report and approved by the City Council. • This project, constructed under Contract 13 -02 has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's current 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 to address any concerns. • The final assessments are approximately 47% less than the estimate contained in the feasibility report presented at the public hearing held on December 18, 2012. cyi Agenda Information Memo October 15, 2013 Eagan City Council Meeting L. CAPITAL IMPROVEMENT PLAN (2014 -2018) DAKOTA COUNTY ACTION TO BE CONSIDERED: Approve a resolution in support of Dakota County's draft 5 -year Transportation Capital Improvement Program for 2014 -2018 with a request to have Dakota County add a project including $2,200,000 of County costs for improvements to address Median/Widening /Access Modifications to CSAH 31 (Pilot Knob Road) between Yankee Doodle Road and Central Parkway with the following schedule: 2014 - Design, 2015 - Right -of- Way Acquisition, 2016 — Construction. FACTS: • At the May 14, 2013, Special Council Workshop, the Council reviewed and discussed the proposed Public Works Department's 5 -year Capital Improvement Program (CIP) for 2014- 2018. After consideration, the Council affirmed the draft CIP. • On June 4, the City Council approved the 5 -year CIP as discussed at the May 14 Council Workshop, including improvements to County Highways that are important to the City of Eagan. Since the County and City share the cost of all County Highway improvements on a 55/45 split, a comparison of our requests to the County's current CIP were forwarded to the County for consideration in preparing their next CIP (2014- 2018). • The Dakota County Transportation Department has now completed their draft 5 -year CIP for 2014 -2018 which is scheduled to be presented at a public hearing on November 7, 2013, in the Board Room at the County Administration Center in Hastings. • CSM has submitted a development proposal for the former Lockheed Martin site located northwest of the intersection of Pilot Knob Road and Yankee Doodle Road in central Eagan. The anticipated development application influenced the initiation of the Pilot Knob Road Corridor Study in June, 2012. The City Council and County Board have both accepted the recommendations of the corridor study. The City of Eagan has included the recommendations as part of the current CIP (2014 - 2018). • In order to accommodate the potential redevelopment of the former Lockheed Martin site, the County will need to include programming of street improvements, including intersection and median modifications, to Pilot Knob Road (CSAH 31), from Yankee Doodle Road to Central Parkway for design in 2014, right -of -way acquisition in 2015, and construction in 2016. This schedule would match that of the City's 2014 -2018 CIP. • After reviewing Eagan's CIP, as well as their own County Transportation Plan, with the noted additional request, the County will have included all of the County Highway improvements proposed by the City, such as major road upgrades. Although the County CIP doesn't reference specific signalized intersection or trail improvements, it does include funding for such minor improvements, but does not commit to individual project areas on a long range planning basis. • The County has now requested that the City formally approve the County's draft CIP for 2014 -2018. City staff has reviewed it and found it in order for favorable Council consideration with the requested addition. ATTACHMENTS: • Comparison of City and County CIP's, page. 5 -vr Capital Improvement Plan (CIP) Eagan (2014 -2018) vs. County (Draft 2014 -2018) October 10, 2013 NA =Not Addressed CIP IMPROVEMENTS - Construction Year Eagan's App'd Co. App'd (2014 -18 CIP) (D 2014 -18 CIP) Cost Estimate ROADS t. Pilot Knob Road (Yankee Doodle Rd to Central Parkway) 2016 NA $2,200,000 Median/Widening /Access Modifications Est by City SIGNALS I INTERSECTIONS t. CSAH 28, Yankee Doodle Road at Promenade Ave 2018 NA $125,000 New Traffic Signal Installation Est by City 2. CSAH 28, Yankee Doodle Road at Elrene Rd 2015 2015 $150,000 New Traffic Signal Installation Est by City 3. CSAH 30, Diffiey Road at Nicols Rd 2015 2017 $250,000 Traffic Signal & Intersection Modifications Est by City 4. CSAH 26, Lone Oak Road at TH 55 2014 2014 $625,000 Intersection Reconfiguration/Traffic Control Upgrade 5. CSAH 32, Slater Rd to CSAH 31 2015 2015 $42,500 Signal Revisions, Interconnect Est by City 5. TBD 2014 NA $50,000 Flashing Yellow Arrows Est by City 7. CSAH 28, Yankee Doodle Road at Mike Collins Drive 2015 2015 $150,000 Intersection Reconfiguration Est by City 8. TBD 2015 NA $50,000 Flashing Yellow Arrows Est by City 9. TBD 2016 NA $50,000 Flashing Yellow Arrows Est by City o. CSAH 26 /CSAH 43, Lone Oak Road at Lexington Ave 2018 NA $375,000 Intersection Reconfiguration/Traffic Control Upgrade Est by City t. TBD 2017 NA $50,000 Flashing Yellow Arrows Est by City rRAILS t. Adjacent to Multiple County Roads (CSAH 28, 31, 32) 2014 NA $443,633 Trail Overlays Est by City 2. Adjacent to County Road (CSAH 31) 2016 NA $75,603 Trail Overlays Est by City 3. Adjacent to Multiple County Roads (CSAH 30, 32, 43) 2017 NA $106,930 Trail Overlays Est by City >. Adjacent to Multiple County Roads (CSAH 26, 28, 31) 2018 NA $135,377 Trail Overlays Est by City 5 Year Total $4,879,043 D"11 City request to revise County CIP 2014 - Design, 2015 -R/W Acqu., 2016 - Construction County CIP (2011 -2015) programmed for 2011 Nicols Rd lane reconfiguration by City (2013) In conjunction with TH 55/ 149 Improvements County Safety & Management Program County Safety & Management Program County Safety & Management Program County Safety & Management Program Separate County funding proram Separate County funding proram Separate County funding proram Separate County funding proram t Agenda Information Memo October 15, 2013 Eagan City Council Meeting M. CONTRACT NO. 13 -23, RATHMAN ADDITION SEWER & WATER SERVICES ACTION TO BE CONSIDERED: Award City Contract No. 13 -23 ( Rathman Addition - Sewer & Water Services) to Valley -Rich, Inc. in the base bid amount of $39,800.00 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On June 12, 2013, a petition and waiver of special assessment was received from Mr. Jerry Pritchett, owner of the property at 3760 Blackhawk Road (Lot 1, Block 2 Rathman Addition), requesting the installation of sanitary sewer and water service pipes to the property. • On August 29, 2013, two bid proposals for the utility improvement were received. The bid summary is attached. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The bid proposal from Valley -Rich, Inc. has been reviewed by the Public Works Department and found to be in order for favorable Council action. ATTACHMENT: • Bid Summary, page. BID SUMMARY LOT 1, BLOCK 2 RATHMAN ADDITION SEWER & WATER SERVICES CITY CONTRACT 13 -23 Bid Date: Thursday, August 29, 2013 Contractors Total Base Bid 1. Valley- Rich Co., Inc. $ 39,800.00 2. St. Paul Utilities and Exc. $ 54,311.00 C)� Agenda Information Memo October 15, 2013 Eagan City Council Meeting N. CONTRACT 13 -08, ULTRA HIGH PRESSURE ZONE IN HOUSE PUMP REMOVALS ACTION TO BE CONSIDERED: Approve the final payment for Contract 13 -08 (Ultra High Water Pressure Zone — In House Pump Removals) for a total amount of $11,991.61 to Wenzel - Plymouth Plumbing and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: In 2011, the City Council approved construction of a booster station and a pressure sustaining station with related system piping and controls to create an "Ultra" High Pressure Zone for the water distribution system located primarily east of Pilot Knob Road and south of Cliff Road. Municipal Builders, Inc. began the project in May 2012 and completed it in December 2012. • With the new "Ultra- High" pressure zone operational, the Council approved Contract 13 -08 for the appropriate removal of in -home booster pumps within the new pressure zone. Of the 161 homes in this area, 64 were identified as having a booster pump. Upon notification by City staff, 61 homes contacted Public Works requesting to have their booster pump removed. As a result of Contract 13 -08, 58 homes had the pump removed with a final inspection, 2 homes eventually kept the pump, and 1 home had the pump removed but did not complete the final inspection (permit expired). • The estimated total expenditure for the booster pump removal project was $16,575. The actual expenditure was $11,991.61. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment. 30 Agenda Information Memo October 15, 2013 Eagan City Council Meeting O. DAKOTA COUNTY TECHNICAL COLLEGE TRAINING AGREEMENT ACTION TO BE CONSIDERED: Approve an agreement with Dakota County Technical College (DCTC) to provide defensive driver training for six (6) snow plow operators and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The Public Works Department includes certain costs in its annual budget for the training of its employees. • DCTC provides a 6 -hour defensive driving course specifically tailored to snow plow operators. The course offers instruction on operating vehicles in a defensive mode based on the correct principles and techniques needed to be a safe and skilled snow plow operator. • The City of Eagan snow plow operators have an outstanding safety record. This defensive driving course would enhance their skills and help to maintain our high standards of service delivery. • DCTC requires that a contract between the parties be executed which outlines the duties and expectations of each party as well as defines the terms of payment for the training. • The cost of this training is $200 per operator for a total cost of $1,200. The cost of this training will be the responsibility of the 2013 Department 22 (Street Division) Budget - Conferences and Schools. • The contract has been reviewed by the City Attorney and Public Works Department staff and is in order for favorable Council consideration. J� Agenda Information Memo October 15, 2013 Eagan City Council Meeting P. DAKOTA COUNTY - JOINT POWERS AGREEMENT STORM SEWER ACTION TO BE CONSIDERED: Approve a Joint Powers Agreement with the Dakota County Transportation Department for Storm Sewer Systems within County right -of -way in the City of Eagan, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The Dakota County 2030 Transportation Plan (adopted June 2012) sets forth County policy regarding maintenance and repair responsibilities for storm sewer systems within County right -of -way. This proposed agreement defines the rights and obligations for both the County and City. • As set forth in the agreement, the County's financial responsibility will be 80% for future maintenance and repair of storm sewer systems within County right -of -way, with the City financing 20 %. Cost responsibilities for improvements to storm sewer systems outside of the County right -of -way will be at a rate of 20% County, 80% City or the actual drainage responsibilities as determined by an engineering analysis. • The agreement substantiates agency liabilities in conformance with National Pollutant Discharge Elimination System (NPDES) responsibilities. • The agreement has been reviewed by the City Attorney and Public Works Department and is in order for favorable Council action. :�a Agenda Information Memo October 15, 2013 Eagan City Council Meeting Q. GUN CLUB LAKE WATERSHED MANAGEMENT ORGANIZATION JOINT POWERS AGREEMENT ACTION TO BE CONSIDERED: Approve a Resolution terminating the Gun Club Lake Watershed Management Organization Joint Powers Agreement as of January 14, 2014, and authorize written notice to Dakota County and the Board of Water and Soil Resources of said action and authorize preparation of a replacement Joint Powers Agreement between the Cities of Eagan and Inver Grove Heights. FACTS: • The Gun Club Lake Watershed Management Organization ( GCLWMO) was formed June 1, 1985 through a joint powers agreement (Agreement) between the cities of Eagan, Inver Grove Heights, and Mendota Heights under authority conferred by Minn. Stats. §§ 471.59 and 10313.211. • The Agreement's purpose, consistent with Minn. Stats. § 103B.201, is to provide an organization to regulate the natural water storage and retention of the Gun Club Lake Watershed to: (1) protect, preserve, and use natural surface and groundwater storage and retention systems; (2) minimize public capital expenditures needed to correct flooding and water quality problems; (3) identify and plan for means to effectively protect and improve surface and groundwater quality; (4) establish more uniform local policies and official controls for surface and groundwater management; (5) prevent erosion of soil into surface water systems; (6) promote groundwater recharge; (7) protect and enhance fish and wildlife habitat and water recreational facilities; and (8) secure the other benefits associated with the proper management of surface and groundwater. • The Gun Club Lake Watershed is within the Minneapolis -St. Paul metropolitan area and covers 33.2 square miles of Dakota County. Of this area, Eagan comprises 89.0 percent, Inver Grove Heights 4.4 percent, and Mendota Heights 6.5 percent. • As a special purpose unit of government, the GCLWMO is directed by a board of managers who are appointed by member cities. GCLWMO powers and duties include: (a) preparing and adopting a watershed management plan according to Minn. Stats. § 10313.231; (b) reviewing and approving member cities' local water management plans per Minn. Stat. § 103B.235; and (c) exercising the authority of a watershed district under Minn. Stat. § 103D when certain conditions exist. • The Agreement provides for termination by written agreement of 2/3 of the member cities. On September 3, 2013, the City of Mendota Heights adopted Resolution 2013 -58 (attached) formally requesting termination of the Agreement. • The Agreement requires at least ninety (90) days advance written notice to Dakota County and the Minnesota Board of Water and Soil Resources of the intent to terminate. • Upon City Council approval, termination of the Agreement would be effective January 14, 2014, which is ninety (90) days henceforth. It will be necessary to have a replacement joint powers agreement between the Cities of Eagan and Inver Grove Heights to establish a revised watershed management organization in effect as of January 14, 2014. ATTACHMENT: • Mendota Heights Resolution 2013 -58, page . • Mendota Heights Letter, page 3. �3 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2013 -58 A RESOLUTION REQUESTING A JOINT POWERS AGREEMENT FOR THE GUN CLUB LAKE WATERSHED MANAGEMENT ORGANIZATION BE DISSOLVED WHEREAS, the City of Mendota Heights is currently a member of two separate Watershed Management Organizations; and WHEREAS, the City of Mendota Heights desires to streamline city activities, rules, and regulations for the benefit of residents, businesses, and property owners; and WHEREAS, the City of Mendota Heights desires to realize this streamlining by removing a specific area of the City from the jurisdiction of the Gun Club Lake Watershed Management Organization and joining that area into the Lower Mississippi River Watershed Management Organization; and WHEREAS, the Board of Water and Soil Resources has already reviewed the request of the City of Mendota Heights and has indicated support for the desired Watershed Management Organization reorganization; and WHEREAS, under the terms of the existing Joint Powers Agreement for the Gun Club Lake Watershed Management Organization, an official request for dissolving said Joint Powers Agreement is required; and WHEREAS, remaining members can adopt a new Joint Powers Agreement amongst themselves without participation from the City of Mendota Heights once the existing Joint Powers Agreement is dissolved. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the City makes a formal request to dissolve the existing Joint Powers Agreement for the Gun Club Lake Watershed Management Organization. BE IT FURTHER RESOLVED that the City of Mendota Heights intends to transfer the area of the City currently regulated by the Gun Club Lake Watershed Management Organization into the Lower Mississippi River Watershed Management Organization. Adopted by the City Council of the City of Mendota Heights this third day of September 2013. ATTES Lorri Smith, City Clerk CITY COUNCIL C F ENDOTA EIGHTS ra Krebsbach ayor 3`1 1101 Victoria Curve I Menclota Heights, MN 55118 651452.1850 phone 1 651.452.8940 fax www.mendota- lieiglits.com 7 Opp— CITY OF MENDDTA HEIGHTS September 6, 2013 Mr. Russ Mathys, PE Mr. Scott Thureen, PE Public Works Director, City of Eagan Public Works Director, City of Inver Grove Heights 3830 Pilot Knob Road 8150 Barbara Avenue Eagan, MN 55122 Inver Grove Heights, MN 55077 Subject: Withdrawal from Gun Club Lake Watershed Management Organization Dear Russ & Scott, As I mentioned in my previous communication, the City of Mendota Heights has decided to request departure from the Gun Club Lake Watershed Management Organization ( GCLWMO). In order for this to take place, the existing Joint Powers Agreement (JPA) would need to be dissolved, and a new JPA enacted between the remaining member cities. The City of Mendota Heights has adopted a Resolution formally requesting to dissolve the existing GCLWMO JPA, and we are asking for your cooperation in this endeavor as well by asking your respective Councils to do the same. At least two of the existing GCLWMO member cities will need to adopt formal Resolutions requesting dissolving the existing JPA. It would be best if all three agreed to support this action. The attached Resolution is for your reference in preparing an action for your respective City Councils. I am also willing to come to your City Council meetings to help .explain this request. The City of Mendota Heights intends on including the area of our city currently within the GCLWMO as part of our membership in the Lower Mississippi River Watershed Management Organization (LMRWMO), thus making essentially one WMO for our city. This would simplify our plans and processes as well as provide a single point of contact for our residents and property owners with regard to storm water issues. Once the existing GCLWMO JPA is dissolved, the existing LMRWMO JPA will need to be amended to include the new area of Mendota Heights, and a new JPA (or modification of an existing JPA) between Eagan and Inver Grove Heights will be needed in order to re- establish the WMO. The Board of Water and Soil Resources (BWSR) has already reviewed our request and is supportive of the change in jurisdictional boundaries. This action is based solely on Mendota Heights' desire to derive efficiencies and streamline processes with our city; and it is our sincerest desire to retain the superior working relationship we have always enjoyed with both the City of Eagan and the City of Inver Grove Heights. 35 As always, if there are any questions or if you would like to discuss this matter further, please give me a call. Sincerely, • c... John R. M4ze E, �PM P MBA cc: Public Works Director /City Engineer GCLWMO Board LMRWMO Board BWSR Agenda Information Memo Octoberl5, 2013 Eagan City Council R. EXTENSION OF FINAL PLAT APPROVAL (KENNERICK 4 "' ADDITION) ACTION TO BE CONSIDERED: To approve a 60 day extension of the Final Plat (Kennerick 4 1 Addition), to create one lot upon approximately 1.38 acres located at 1439 and 1443 Lone Oak Road. FACTS: ➢ The City Council originally approved the Final Plat on June 4th, 2013. ➢ The applicant and surveyor are working with the City of Eagan. ➢ The City is requesting to add a Drainage and Utility Easement over an existing storm sewer pipe. ➢ The City Council approved a 60 day extension of the Final Plat approval so we could obtain an Easement on August 5th, 2013 which extended a new recording date of October 4th, 2013. ➢ The Applicant is requesting a 60 day extension of the Final Plat recording so he could obtain Consent to Plat from the mortgage company. ➢ Approval of the extension would extend a new recording deadline of October 4 "', 2013. ATTACHMENTS: (2) Location Map, page 3B Applicant Letter, page 3q �q Location Map HIGHVIEW AVE '---- r HIGHVIEWAVE L w w < � a>$ w RIDGEVIEWAVE w� v.��k..°.,al..Rd i ~ SOUTHRIDGE AV W o Country'H Highview Park °'m.vaa i R 9 CIIR Rd G R 541-\ o �Map�AreaExtent� z Subject Site o J w LL Q Z r e a A:H:- N&2&(LONE =OAK W P pp �o .. t�`GGPR��y p Z W Q�Q O Pilot O O g w a Knob Park o RED o CEDAR B R w z a UARRY T�T 1-D 0 0 Moonshin e Park o� or s _ G O er �pQ 0 Central Park Park b o Ir �� z Y F� Project Name: Kennerick 4th Addition Fee 0 500 1,000 2,000 Request: Final Plat Case No.: 04- FP- 04 -04 -13 Legend Parcels Buildings f� Parks l :I» � N City of �a�aIl City Boundary 9/27/2013 To whom it may concern, We are requesting a 60 day extension for the Kennerick Fourth Addition Plat. Thank you. Thorson Homes, Inc. Agenda Information Memo October 15, 2013, Eagan City Council Meeting S. APPROVE EXEMPT PERMIT FOR EAGAN HIGH SCHOOL DRUMLINE BOOSTER CLUB, INC. TO HOLD A RAFFLE ON FEBRUARY 1, 2014 ACTION TO BE CONSIDERED: Adopt Resolution approving Exempt Permit for the Eagan High School Drumlin Booster Club, Inc. to conduct a raffle on February 1, 2014 at 4185 Braddock Trail. FACTS: ➢ The Eagan High School Drumline Booster Club, Inc. has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. ➢ All requirements of the application have been met and staff deems it in order for approval. ATTACHMENTS (1): A copy of the proposed resolution is attached on page (The application is available from the Office of the City Clerk.) `O RESOLUTION NO. CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT EAGAN HIGH SCHOOL DRUMLINE BOOSTER CLUB, INC. WHERAS, the Eagan High School Drumline Booster Club, Inc. has applied for an Exempt Permit to conduct a raffle on February 1, 2014; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approved the Exempt Permit for the Eagan High School Drumline Booster Club, Inc. to conduct a raffle on February 1, 2014 at 4185 Braddock Trail. Motion by: Seconded by: Those in favor: Those against: Date: October 15, 2013 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk I, Christina M. Scipioni, 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 15th day of October, 2013. City Clerk L4I Agenda Information Memo October 15, 2013, Eagan City Council Meeting T. RESCHEDULE PUBLIC HEARING DATE TO CERTIFY DELINQUENT UTILITY BILLS TO NOVEMBER 4, 2013 ACTION TO BE CONSIDERED: To reschedule the public hearing from October 15, 2013 to November 4, 2013 to consider the final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. FACTS: ➢ On a semi - annual basis, the City reviews and considers delinquent utility bills for certification to property tax statements for collection. ➢ Additional information will be provided at the time of the public hearing. ATTACHMENTS (0): �A (), Agenda Information Memo October 15, 2013, Eagan City Council Meeting U. RESCHEDULE PUBLIC HEARING DATE TO CERTIFY DELINQUENT MOWING, NOXIOUS WEED AND REFUSE REMOVAL BILLS TO NOVEMBER 4, 2014 ACTION TO BE CONSIDERED: To reschedule the public hearing from October 15, 2013 to November 4, 2013 to consider the final assessment of the delinquent mowing, noxious weed and refuse removal bills and certify them to Dakota County for collection with property taxes. FACTS: On a semi - annual basis, the City reviews and considers delinquent noxious weeds, mowing, and refuse removal bills for certification to property tax statements for collection. ➢ Additional information will be provided at the time of the public hearing. ATTACHMENTS (0): �Al Agenda Information Memo October 15, 2013, Eagan City Council Meeting V. RESCHEDULE PUBLIC HEARING DATE TO CERTIFY DELINQUENT FALSE ALARM BILLS TO NOVEMBER 4, 2013 ACTION TO BE CONSIDERED: To reschedule the public hearing from October 15, 2013 to November 4, 2013 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. FACTS: ➢ On a semi - annual basis, the City reviews and considers delinquent false alarm balances for certification to property tax statements for collection. ➢ Additional information will be provided at the time of the public hearing. ATTACHMENTS (0): �1 Agenda Information Memo October 15, 2013, Eagan City Council Meeting W. APPROVE EXEMPT PERMIT FOR EAGAN RESOURCE CENTER TO HOLD A RAFFLE ON DECEMBER 5, 2013 ACTION TO BE CONSIDERED: Adopt Resolution approving Exempt Permit for the Eagan Resource Center to conduct a raffle on December 5, 2013 at 2750 Sibley Memorial Highway. FACTS: ➢ The Eagan Resource Center has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. ➢ All requirements of the application have been met and staff deems it in order for approval. ATTACHMENTS (1): I r^ A copy of the proposed resolution is attached on page (The application is available from the Office of the City Clerk.) 4e RESOLUTION NO. _ CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT EAGAN RESOURCE CENTER WHERAS, the Eagan Resource Center has applied for an Exempt Permit to conduct a raffle on December 5, 2013; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approved the Exempt Permit for the Eagan Resource Center to conduct a raffle on December 5, 2013 at 2750 Sibley Memorial Highway. Motion by: Seconded by: Those in favor: Those against: Date: October 15, 2013 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk I, Christina M. Scipioni, 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 15th day of October, 2013. City Clerk q� Agenda Information Memo October 15, 2013 Eagan City Council Meeting PUBLIC HEARING A. PROJECT 1096, WILLBROOK ADDITION FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1096 (Willbrook Addition — Street Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 1096 provided street improvements within the Willbrook Addition, a local street in central Eagan. • The Final Assessment Roll was presented to the City Council on September 17, 2013, with a public hearing scheduled for October 15, 2013, to formally present the final costs associated with this public improvement to the affected benefitting properties. • The final assessments for the assessable properties are approximately 13.1% less than the estimate contained in the revised feasibility report presented at the public hearing held on March 5, 2013. • All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on October 7 to address all property owners' questions or concerns and provide any additional information of interest. Of the 16 residential lots being assessed, no one attended the meeting. ATTACHMENT: • Final Assessment Report, pages 4 through 51. 41 FINAL ASSESSMENT REPORT PROJECT Number: 1096 Name: Willbrook Addition STREET Surf. /Signs Single Family Res Contract Number of Number Parcels 13 -04 16 PUBLIC HEARING DATES Assessment: October 15, 2013 Project Approval: March 5, 2013 Final Rate $1075.54 Interest Amount Terms Rate Assessed 5 yrs 3.5% $ 17,208.64 $ 19,800.00 FR OR Feasibility Report Units $1240.00 Lot Eq Variance City Actual to FR Financed $ (2,591.36) $ 38,065.84 - 13.1% $ 42,800.00 FR Variance Actual to FR $ (4,734.16) -11.1% 4011� City of Ea p ma To: Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: October 8, 2013 Subject: Final Assessment Roll, Project 1096 Willbrook Addition At the public hearing on Mar 05, 2013, the City Council ordered Project 1096. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, and concrete curb & gutter repair for the Willbrook Addition project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving improvements to the benefiting residential properties. The improvements were completed under Contract 13 -04. The following information was used in the preparation of the assessment roll for Project 1096. PROJECT COST The total construction cost for this project is $42,253.20. This includes $41,877.45 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $375.75. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $13,021.28 were incurred, resulting in a total improvement and project cost of $55,274.48. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. IMPROVEMENT Bituminous Mill & Overlay - LTIM IIS ••I�l^•.1Vera Concrete Curb & Gutter Repair ASSESSMENTS CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY COST COSTS 28,229.05 8,699.42 14,024.15 4,321.86 42,253.20 13,021.28 COST REPORT 36,928.47 42,500.00 18, 346.01 20,100.00 55,274.48 62,600.00 Trunk Assessments No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Residential Lots Improvements: The City's Assessment Policy states that 50% of the Bituminous Mill & Overlay - Willbrook Addition costs are assessable for Residential Lots properties. The improvement and assessment rate for the Residential Lots properties is computed as follows: Residential Lots = 1,847.0 F.F. / 1,982.0 F.F = 93.20% $36,928.47 (Bituminous Mill & Overlay - Willbrook Addition Cost) x 93.20% x 50% _ $17,208.64 $17,208.64 = $1,075.54 /Unit 16 Units 4q The remaining frontage within the project area (6.80%) is either sideyard or backyard property with no driveway access, or not covered by assessment agreement, and therefore not assessable under the City's Assessment Policy. ASSESSMENT TERMS: The assessments are proposed for a term of 5 years for residential properties. The interest rate is 3.5% per annum on the unpaid balance. CITY REVENUES (RESPONSIBIL IMPROVEMENT IMPROVEMENT COST Bituminous Mill & Overlay - Willbrook Addition 36,928.47 Concrete Curb & Gutter Repair 18,346.01 Major Street Fund Aaron Nelson, P.E. Reviewed 0� -<I�/ PuISIWWorks Department � /�2&/ Date $38,065.84 Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra O'Leary, Accountant I 55,274.48 ASSESSMENT REVENUE 17, 208.64 17, 208.64 CITY RESPONSIBILITY 19,719.83 18,346.01 38,065.84 Finance D rtment U 413 � Date Final Assessment Roll City Project 1096 Willbrook Addition Willbrook Court R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 3698 Willbrook Court 10- 84375 -01 -160 1 $ 1,075.54 $ 1,075.54 3694 Willbrook Court 10- 84375 -01 -150 1 $ 1,075.54 $ 1,075.54 3690 Willbrook Court 10- 84375 -01 -140 1 $ 1,075.54 $ 1,075.54 3686 Willbrook Court 10- 84375 -01 -130 1 $ 1,075.54 $ 1,075.54 3685 Willbrook Court 10- 84375 -01 -120 1 $ 1,075.54 $ 1,075.54 3689 Willbrook Court 10- 84375 -01 -110 1 $ 1,075.54 $ 1,075.54 3693 Willbrook Court 10- 84375 -01 -100 1 $ 1,075.54 $ 1,075.54 3708 Cardinal Way Subtotal 7 $ 1,075.54 $ 7,528.78 Cardinal Way R -1 Residential P.I.N. Lot Equivalent Unit Assessment Total 3729 Cardinal Way 10- 84375 -01 -070 1 $ 1,075.54 $ 1,075.54 3725 Cardinal Way 10- 84375 -01 -080 1 $ 1,075.54 $ 1,075.54 3721 Cardinal Way 10- 84375 -01 -090 1 $ 1,075.54 $ 1,075.54 3724 Cardinal Way 10- 84375 -01 -060 1 $ 1,075.54 $ 1,075.54 3720 Cardinal Way 10- 84375 -01 -050 1 $ 1,075.54 $ 1,075.54 3716 Cardinal Way 10- 84375 -01 -040 1 $ 1,075.54 $ 1,075.54 3712 Cardinal Way 10- 84375 -01 -030 1 $ 1,075.54 $ 1,075.54 3708 Cardinal Way 10- 84375 -01 -020 1 $ 1,075.54 $ 1,075.54 3704 Cardinal Way 10- 84375 -01 -010 1 $ 1,075.54 $ 1,075.54 Subtotal 9 $ 9,679.86 16 SF Lots I Total SF Assessments 1 $ 17,208.64 Total Assessments 1 $ 17,208.64 4b" Willbrook Addition FIG.2 Street Revitalization - Project 1096 Cib Of Egfin Street Improvement Area �a Date: 1/05/2013 Agenda Information Memo October 15, 2013 Eagan City Council Meeting PUBLIC HEARING B. PROJECT 1105, THE OAKS OF BRIDGEWATER ADDITIONS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1105 (The Oaks of Bridgewater 1st — 3rd Additions — Street Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 1105 provided street improvements on the residential neighborhood streets of The Oaks of Bridgewater 1st — 3 Additions in eastern Eagan. • The Final Assessment Roll was presented to the City Council on September 17, 2013, with a public hearing scheduled for October 15, 2013, to formally present the final costs associated with this public improvement to the affected benefitting properties. • The final assessments for the assessable properties are approximately 21.6% less than the estimate contained in the feasibility report presented at the public hearing held on March 5, 2013. • All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on October 7 to address all property owners' questions or concerns and provide any additional information of interest. Of the 56 single - family residential properties being assessed, no one attended the meeting. ATTACHMENT: • Final Assessment Report, pages 5q through. FINAL ASSESSMENT REPORT PROJECT Number: 1105 The Oaks of Bridgewater Name: 1st - 3rd Additions STREET Surf. /Signs Single Family Res STREET Surf. /Signs - NH Park PUBLIC HEARING DATES Assessment: October 15, 2013 Project Approval: March 5, 2013 Final Feasibility Rate Report $ 1,003.62 $ 1,280.00 $ 6.96 $ 8.75 Units Lot Eq F. F. Contract Number of Interest Amount Variance City Variance Number Parcels Terms Rate Assessed Actual to FR Financed Actual to FR 13 -04 57 5 yrs 3.5% $ 56,599.44 $ (15,600.56) $ 114,731.00 $ (19,669.00) $ 72,200.00 FR -21.6% $ 134,400.00 FR -14.6% 59 4011� City of Evan Me To: Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: October 8, 2013 Subject: Final Assessment Roll, Project 1105 The Oaks of Bridgewater 1st - 3rd Additions At the public hearing on Mar 05, 2013, the City Council ordered Project 1105. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, and concrete curb & gutter repair for the The Oaks of Bridgewater 1st - 3rd Additions project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving improvements to the benefiting residential properties. The improvements were completed under Contract 13 -04. The following information was used in the preparation of the assessment roll for Project 1105. PROJECT COST The total construction cost for this project is $142,411.04. This includes $141,313.16 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $1,097.88. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $28,919.40 were incurred, resulting in a total improvement and project cost of $171,330.44. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS COST REPORT Bituminous Mill & Overlay - The Oaks of Bridgewater 1st - 3rd Additions 94,090.78 Concrete Curb & Gutter Repairs 48,320.26 142,411.04 ASSESSMENTS Trunk Assessments 19,107.01 113,197.79 144,200.00 9,812.39 58,132.65 62,400.00 28,919.40 171,330.44 206,600.00 No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Residential Lots Improvements: The City's Assessment Policy states that 50% of the Bituminous Mill & Overlay - The Oaks of Bridgewater 1st - 3rd Additions costs are assessable for Residential Lots properties. The improvement and assessment rate for the Residential Lots properties is computed as follows: Residential Lots = 8,182.0 F.F. / 8,239.0 F.F = 99.30% $113,197.79 (Bituminous Mill & Overlay - The Oaks of Bridgewater 1st - 3rd Additions Cost) x 99.30% x 50% = $56,202.72 $56,202.72 = $1,003.62 /Unit 56 Units 55 Neigborhood Park Improvements: The City's Assessment Policy states that 50% of the Bituminous Mill & Overlay - The Oaks of Bridgewater 1st - 3rd Additions costs are assessable for Neigborhood Park properties. The improvement and assessment rate for the Neigborhood Park properties is computed as follows: Neigborhood Park = 57.0 F.F. / 8,239.0 F.F = 0.70% $113,197.79 (Bituminous Mill & Overlay -The Oaks of Bridgewater 1st - 3rd Additions Cost) x 0.70% x 50% =$396.72 $396.72 = $6.96 /Front Foot 57 Front Feet ASSESSMENT TERMS: The assessments are proposed for term of 5 years for residential properties. The interest rate is 3.5% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILI IMPROVEMENT IMPROVEMENT ASSESSMENT COST REVENUE Bituminous Mill & Overlay - The Oaks of Bridgewat( 113,197.79 Concrete Curb & Gutter Repairs 58,132.65 171,330.44 Major Street Fund: $114,731.00 , PoAt"_ Aaron Nelson, P.E. Reviewed 0121- 24�2" l Public Worki epartment ?�� 0/, 3 Date c: Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra O'Leary, Accountant I 5(,Q 56,599.44 56,599.44 CITY RESPONSIBILITY Finance D a� ment Date 56,598.35 58,132.65 114,731.00 Final Assessment Roll City Project 1105 The Oaks of Bridgewater 1st - 3rd Hidden Meadow Trail R -1 Residential P.I.N. Equivalent Assessment Total 815 Hidden Meadow Trl. 10- 75836 -01 -060 1 $ 1,003.62 $ 1,003.62 818 Hidden Meadow Trl. 10- 75836 -01 -070 1 $ 1,003.62 $ 1,003.62 819 Hidden Meadow Trl. 10- 75836 -01 -050 1 $ 1,003.62 $ 1,003.62 822 Hidden Meadow Trl. 10- 75836 -01 -080 1 $ 1,003.62 $ 1,003.62 823 Hidden Meadow Trl. 10- 75836 -01 -040 1 $ 1,003.62 $ 1,003.62 826 Hidden Meadow Trl. 10- 75836 -01 -090 1 $ 1,003.62 $ 1,003.62 827 Hidden Meadow Trl. 10- 75836 -01 -030 1 $ 1,003.62 $ 1,003.62 830 Hidden Meadow Trl. 10- 75836 -01 -100 1 $ 1,003.62 $ 1,003.62 831 Hidden Meadow Trl. 10- 75836 -01 -020 1 $ 1,003.62 $ 1,003.62 835 Hidden Meadow Trl. 10- 75836 -01 -010 1 $ 1,003.62 $ 1,003.62 Subtotal 10 $ 10,036.20 Quail Ridge Road R -1 Residential P.I.N. EquLot Ass ssment Total 824 Quail Ridge Rd. 10- 75836 -03 -010 1 $ 1,003.62 $ 1,003.62 815 Quail Ridge Rd. 10- 75836 -01 -110 1 $ 1,003.62 $ 1,003.62 811 Quail Ridge Rd. 10- 75836 -01 -120 1 $ 1,003.62 $ 1,003.62 807 Quail Ridge Rd. 10- 75836 -01 -130 1 $ 1,003.62 $ 1,003.62 803 Quail Ridge Rd. 10- 75836 -01 -140 1 $ 1,003.62 $ 1,003.62 800 Quail Ridge Rd. 10- 75836 -02 -010 1 $ 1,003.62 $ 1,003.62 799 Quail Ridge Rd. 10- 75836 -01 -150 1 $ 1,003.62 $ 1,003.62 796 Quail Ridge Rd. 10- 75836 -02 -020 1 $ 1,003.62 $ 1 003.62 Subtotal 8 $ 8,028.96 Hunter's Overlook R -1 Residential P.I.N. Equivalent Assessment Total 3819 Hunter's Overlook 10- 75836 -03 -020 1 $ 1,003.62 $ 1,003.62 3820 Hunter's Overlook 10- 75836 -03 -070 1 $ 1,003.62 $ 1,003.62 3823 Hunter's Overlook 10- 75836 -03 -030 1 $ 1,003.62 $ 1,003.62 3824 Hunter's Overlook 10- 75836 -03 -060 1 $ 1,003.62 $ 1,003.62 3827 Hunter's Overlook 10- 75836 -03 -040 1 $ 1,003.62 $ 1,003.62 3828 Hunter's Overlook 10- 75836 -03 -050 1 $ 1,003.62 $ 1,003.62 Subtotal 6 $ 6,021.72 Bridgewater Drive R -1 Residential P.I.N. Equivalent Assessment Total 3874 Bridgewater Dr. 10- 75836 -03 -080 1 $ 1,003.62 $ 1,003.62 3870 Bridgewater Dr. 10- 75836 -03 -090 1 $ 1,003.62 $ 1,003.62 3866 Bridgewater Dr. 10- 75836 -03 -100 1 $ 1,003.62 $ 1,003.62 3865 Bridgewater Dr. 10- 75836 -02 -030 1 $ 1,003.62 $ 1,003.62 Vacant Lot 10- 75837 -01 -010 1 $ 1,003.62 $ 1,003.62 S9 3862 Bridgewater Dr. 10- 75837 -01 -020 1 $ 1,003.62 $ 1,003.62 Bridgewater Drive (continued) R -1 Residential P.I.N. Equivalent Assessment Total Vacant Lot 10- 75837 -01 -030 1 $ 1,003.62 $ 1,003.62 3858 Bridgewater Dr. 10- 75837 -01 -040 1 $ 1,003.62 $ 1,003.62 3857 Bridgewater Dr. 10- 75836 -02 -040 1 $ 1,003.62 $ 1,003.62 3854 Bridgewater Dr. 10- 75837 -01 -050 1 $ 1,003.62 $ 1,003.62 3841 Bridgewater Dr. 10- 75835 -03 -020 1 $ 1,003.62 $ 1,003.62 3838 Bridgewater Dr. 10- 75835 -02 -100 1 $ 1,003.62 $ 1,003.62 3837 Bridgewater Dr. 10- 75835 -03 -010 1 $ 1,003.62 $ 1,003.62 3834 Bridgewater Dr. 10- 75835 -02 -090 1 $ 1,003.62 $ 1,003.62 3830 Bridgewater Dr. 10- 75835 -02 -080 1 $ 1,003.62 $ 1,003.62 3829 Bridgewater Dr. 10- 75835 -01 -080 1 $ 1,003.62 $ 1,003.62 3825 Bridgewater Dr. 10- 75835 -01 -070 1 $ 1,003.62 $ 1,003.62 3826 Bridgewater Dr. 10- 75835 -02 -070 1 $ 1,003.62 $ 1,003.62 3822 Bridgewater Dr. 10- 75835 -02 -060 1 $ 1,003.62 $ 1,003.62 3821 Bridgewater Dr. 10- 75835 -01 -060 1 $ 1,003.62 $ 1,003.62 3818 Bridgewater Dr. 10- 75835 -02 -050 1 $ 1,003.62 $ 1,003.62 3817 Bridgewater Dr. 10- 75835 -01 -050 1 $ 1,003.62 $ 1,003.62 3814 Bridgewater Dr. 10- 75835 - 02.040 1 $ 1,003.62 $ 1,003.62 3813 Bridgewater Dr. 10- 75835 -01 -040 1 $ 1,003.62 $ 1,003.62 3810 Bridgewater Dr. 10- 75835 -02 -030 1 $ 1,003.62 $ 1,003.62 3809 Bridgewater Dr. 10- 75835 -01 -030 1 $ 1,003.62 $ 1,003.62 3806 Bridgewater Dr. 10- 75835 -02 -020 1 $ 1,003.62 $ 1,003.62 3805 Bridgewater Dr. 10- 75835 -01 -020 1 $ 1,003.62 $ 1,003.62 3802 Bridgewater Dr. 10- 75835 -02 -010 1 $ 1,003.62 $ 1,003.62 3801 Bridgewater Dr. 10- 75835 -01 -010 1 $ 1,003.62 $ 1,003.62 Subtotal 30 $ 30,108.60 Bridle Ridge Road R -1 Residential P.M. Lot Equivalent Unit Assessment Total 780 Bridle Ridge Rd. 10- 75835 -04 -010 1 $ 1,003.62 $ 1,003.62 784 Bridle Ridge Rd. 1 10- 75835 -04 -020 1 $ 1,003.62 $ 1,003.62 Subtotal 2 1 $ 2,007.24 Total SF Assessmentsi 56 1 $ 56,202.72 P -Parks P.I.N. Front Foot Rate /F.F. Total Wandering Walk Park 10- 75836 -00 -030 57 $ 6.96 $ 396.72 Subtotal 57 $ 396.72 Total Assessments 1 $ 56,599.44 410, The Oaks of Bridgewater 1st - 3rd Additions Street Revitalization - Project 1105 Ch Of Eno Street Improvement Area 5c, FIG. 2 Date: 1/25/2013 Agenda Information Memo October 15, 2013 Eagan City Council Meeting PUBLIC HEARING C. PROJECT 1101, HIDDEN VALLEY FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1101 (Hidden Valley — Street Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 1101 provided street improvements within Hidden Valley, a single - family residential neighborhood located in central Eagan. • The Final Assessment Roll was presented to the City Council on September 17, 2013, with a public hearing scheduled for October 15, 2013, to formally present the final costs associated with this public improvement to the affected benefitting properties. • The final assessments for the assessable properties are approximately 25.0% less than the estimate contained in the revised feasibility report presented at the public hearing held on March 5, 2013. • All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on October 7 to address all property owners' questions or concerns and provide any additional information of interest. Of the 26 total properties (25 single - family homes and 1 park parcel) being assessed, no one attended the meeting. ATTACHMENT: • Final Assessment Report, pages W through W. Lon FINAL ASSESSMENT REPORT PROJECT Number: 1101 Name: Hidden Valley PUBLIC HEARING DATES Assessment: October 15, 2013 Project Approval: March 5, 2013 Contract Number of Number Parcels 13 -04 26 Terms 5 yrs Interest Amount Rate Assessed 3.5% $ 24,140.34 $ 32,200.00 FR (D, Variance City Actual to FR Financed $ (8,059.66) $ 46,818.79 -25.0% $ 64,500.00 FR Variance Actual to FR $ (17,681.21) -27.4 Final Feasibility Rate Report Units STREET Surf. /Signs Single Family Res $958.86 $1280.00 Lot Eq STREET Surf. /Signs - NH Park $8.04 $11.31 F. F. Contract Number of Number Parcels 13 -04 26 Terms 5 yrs Interest Amount Rate Assessed 3.5% $ 24,140.34 $ 32,200.00 FR (D, Variance City Actual to FR Financed $ (8,059.66) $ 46,818.79 -25.0% $ 64,500.00 FR Variance Actual to FR $ (17,681.21) -27.4 4b� City of Evan ma To: Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: October 8, 2013 Subject: Final Assessment Roll, Project 1101 Hidden Valley At the public hearing on Mar 05, 2013, the City Council ordered Project 1101. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, and concrete curb & gutter repair for the Hidden Valley project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving improvements to the benefiting residential properties. The improvements were completed under Contract 13 -04. The following information was used in the preparation of the assessment roll for Project 1101. PROJECT COST The total construction cost for this project is $56,381.21. This includes $55,815.91 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $565.30. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $14,577.92 were incurred, resulting in a total improvement and project cost of $70,959.13. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION IMPROVEMENT COST Bituminous Mill & Overlay - Hidden Valley 38,362.20 Concrete Curb & Gutter Repair and Trail Overaly 18,019.01 56,381.21 ASSESSMENTS Trunk Assessments OTHER IMPROVEMENT FEASIBILITY COSTS COST REPORT 9,918.93 48,281.13 4,658.99 22,678.00 14,577.92 70,959.13 64,300.00 32.400.00 9b,7UU.UU No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Residential Lots Improvements: The City's Assessment Policy states that 50% of the Bituminous Mill & Overlay - Hidden Valley costs are assessable for Residential Lots properties. The improvement and assessment rate for the Residential Lots properties is computed as follows: % Residential Lots = 2,821.0 F.F. / 2,842.0 F.F = 99.30% $48,281.13 (Bituminous Mill & Overlay- Hidden Valley Cost) x 99.30% x 50% =$23,971.50 $23,971.50 = $958.86 /Unit 25 Units ral Neigborhood Park Improvements: The City's Assessment Policy states that 50% of the Bituminous Mill & Overlay - Hidden Valley costs are assessable for Neigborhood Park properties. The improvement and assessment rate for the Neigborhood Park properties is computed as follows: Neigborhood Park = 21.0 F.F. / 2,842.0 F.F = 0.70% $48,281.13 (Bituminous Mill & Overlay -Hidden Valley Cost) x 0.70% x 50% =$168.84 $168.84 = $8.04 /Front Foot 21 Front Feet ASSESSMENT TERMS: The assessments are proposed for a term of 5 years for residential properties. The interest rate is 3.5% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT Bituminous Mill & Overlay - Hidden Valley Concrete Curb & Gutter Repair and Trail Overaly Major Street Fund: $46,818.79 Aaron Nelson, P.E. Reviewed Ok Public orks Department g/.) ;5%/3 Date c: Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra O'Leary, Accountant I IMPROVEMENT ASSESSMENT COST REVENUE 48,281.13 24,140.34 22,678.00 - CITY RESPONSIBILITY 24,140.79 22,678.00 70,959.13 24,140.34 46,818.79 Ql�) Finance D rtment 9 3 Date Final Assessment Roll Citv Proiect 1101 Hidden Vallev Michelle Drive R -1 Residential P.I.N. Equivalent Unit Assessment Total 1356 Michelle Drive 10- 32900 -02 -110 1 $ 958.86 $ 958.86 1359 Michelle Drive 10- 32900 -03 -030 1 $ 958.86 $ 958.86 1360 Michelle Drive 10- 32900 -02 -100 1 $ 958.86 $ 958.86 1363 Michelle Drive 10- 32900 -03 -020 1 $ 958.86 $ 958.86 1364 Michelle Drive 10- 32900 -02 -090 1 $ 958.86 $ 958.86 1367 Michelle Drive 10- 32900 -03 -010 1 $ 958.86 $ 958.86 1368 Michelle Drive 10- 32900 -02 -080 1 $ 958.86 $ 958.86 1371 Michelle Drive 10- 32900 -01 -110 1 $ 958.86 $ 958.86 1372 Michelle Drive 10- 32900 -02 -070 1 $ 958.86 $ 958.86 1375 Michelle Drive 10- 32900 -01 -100 1 $ 958.86 $ 958.86 1376 Michelle Drive 10- 32900 -02 -060 1 $ 958.86 $ 958.86 1380 Michelle Drive 10- 32900 -02 -050 1 $ 958.86 $ 958.86 1384 Michelle Drive 10- 32900 -02 -040 1 $ 958.86 $ 958.86 1387 Michelle Drive 10- 32900 -01 -030 1 $ 958.86 $ 958.86 1388 Michelle Drive 10- 32900 -02 -030 1 $ 958.86 $ 958.86 1391 Michelle Drive 10- 32900 -01 -020 1 $ 958.86 $ 958.86 1392 Michelle Drive 10- 32900 -02 -020 1 $ 958.86 $ 958.86 1395 Michelle Drive 10- 32900 -01 -010 1 $ 958.86 $ 958.86 1396 Michelle Drive 10- 32900 -02 -010 1 $ 958.86 $ 958.86 Subtotal 19 $ 18,218.34 Versailles Ct R -1 Residential P.I.N. Equivalent Unit Assessment Total 3960 Versailles Ct 10- 32900 -01 -090 1 $ 958.86 $ 958.86 3956 Versailles Ct 10- 32900 -01 -080 1 $ 958.86 $ 958.86 3955 Versailles Ct 10- 32900 -01 -040 1 $ 958.86 $ 958.86 3952 Versailles Ct 10- 32900 -01 -070 1 $ 958.86 $ 958.86 3948 Versailles Ct 10- 32900 - 01.060 1 $ 958.86 $ 958.86 3951 Versailles Ct 10- 32900 -01 -050 1 $ 958.86 $ 958.86 Subtotal 6 $ 5,753.16 25 SF Lots I Total SF Assessments $ 23,971.50 Michelle Drive P - Parks P.I.N. Front Footage 1 Rate /F.F. Total Windcrest Park 10- 32900 -00 -010 21 $ 8.04 $ 168.84 Total Parks Assessments $ 168.84 Total Assessments $ 24,140.34 4111� Hidden Valley Street Revitalization - Project 1101 Ch of Egon Street Improvement Area (05 FIG. 2 Date: 1/05/2013 Agenda Information Memo October 15, 2013 Eagan City Council Meeting PUBLIC HEARING D. PROJECT 1099, TED WACHTER ADDITION (CIVIC CENTER DRIVE) FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1099 (Ted Wachter Addition (Civic Center Drive) — Street Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 1099 provided street improvements on Civic Center Drive on the City's municipal campus in central Eagan. • The Final Assessment Roll was presented to the City Council on September 17, 2013, with a public hearing scheduled for October 15, 2013, to formally present the final costs associated with this public improvement to the affected benefitting properties. • The final assessments for the assessable properties are approximately 28.4% less than the estimate contained in the feasibility report presented at the public hearing held on February 19, 2013. • All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. The only property proposed to be assessed is owned by the City of Eagan, so no neighborhood meeting was held for this project. ATTACHMENT: • Final Assessment Report, pages (09 through FINAL ASSESSMENT REPORT PROJECT Number: 1099 Ted Wachter Addition Name: (Civic Center Drive) PUBLIC HEARING DATES Assessment: October 15, 2013 Project Approval: February 19, 2013 Final Feasibility Rate Report Units STREET Surf. /Signs - Direct Access $13.92 $19.44 F.F. Contract Number of Interest Amount Variance City Variance Number Parcels Terms Rate Assessed Actual to FR Financed Actual to FR 13 -04 1 10 yrs 3.5% $ 23,984.16 $ (9,515.84) $ 69,416.21 $ (11,083.79) $ 33,500.00 FR -28.4% $ 80,500.00 FR -13.8% (Q1-1 Ab� City of Eagan Memo To: Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: October 8, 2013 Subject: Final Assessment Roll, Project 1099 Ted Wachter Addition (Civic Center Drive) At the public hearing on Feb 19, 2013, the City Council ordered Project 1099. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, and concrete curb & gutter repair, and a bituminous trail overlay for the Ted Wachter Addition (Civic Center Drive) project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving improvements to the benefiting residential properties. The improvements were completed under Contract 13 -04. The following information was used in the preparation of the assessment roll for Proiect 1099. PROJECT COST The total construction cost for this project is $72,465.52. This includes $70,723.39 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $1,742.13. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $20,934.85 were incurred, resulting in a total improvement and project cost of $93,400.37. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS COST REPORT Bituminous Mill & Overlay - Ted Wachter Addition (Civic Center Drive) Concrete Curb & Gutter Repair and Trail Overlay ASSESSMENTS Trunk Assessments 33,609.38 9,709.55 43,318.93 60,400.00 38,856.14 11,225.30 50,081.44 53,600.00 72,465.52 20,934.85 93,400.37 114,000.00 No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Public Facility Lots Improvements: The City's Assessment Policy states that 75% of the Bituminous Mill & Overlay - Ted Wachter Addition (Civic Center Drive) costs are assessable for Public Facility Lots properties. This property receives a 10% credit (5% per year) for not reaching a 20 year life expectancy. Therefore, only 90% of the costs for this project are assessable. The improvement and assessment rate for the Public Facility Lots properties is computed as follows: Public Facility Lots = 1,723.0 F.F. / 2,098.0 F.F = 82.1% $43,318.93 (Bituminous Mill & Overlay - Ted Wachter Addition (Civic Center Drive) Cost) x 82.1% x 75% x 90.0% = $23,984.16 $23,984.16 = $13.92 / Front Foot 1723 Front Feet 91 The remaining frontage within the project area (17.90 %) is property of the Dakota County Library, and the Joint Powers Agreement provides for the City to pay all special assessments, and therefore this property is not assessable. ASSESSMENT TERMS: The assessments are proposed for a term of 10 years for non - residential properties. The interest rate is 3.5% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT Bituminous Mill & Overlay - Ted Wachter Addition Concrete Curb & Gutter Repair and Trail Overlay Major Street Fund $69,416.21 aL4_,� IcLe� Aaron Nelson, P.E. Reviewed Pub i? Works Department q/)-011l 3 Date Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra O'Leary, Accountant I COST 43,318.93 50,081.44 REVENUE 23,984.16 RESPONSIBILITY 19,334.77 50,081.44 93,400.37 23,984.16 69,416.21 Finance Oartment CI� I Date Final Assessment Roll City Project 1099 - Ted Wachter Addition (Civic Center Drive) Civic Center Drive PF - Public Facility P.I.N. Front Footage Rate /F.F. Total Assessment City of Eagan 10- 75300 -01 -031 1723 $ 13.92 $ 23,984.16 Subtotal 1 1723 $ 23,984.16 Of 4b� Ted Wachter Add. ( Civic Center Dr.) Street Revitalization - Project 1099 City of FgoRD Street Improvement Area q � FIG. 2 Date: 12/31/2012 Agenda Information Memo October 15, 2013 Eagan City Council Meeting PUBLIC HEARING E. PROJECT 1059, EAGAN WOODS OFFICE PARK FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1059 (Eagan Woods Office Park — Street Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 1059 provided street improvements within the Eagan Woods Office Park, a mixed use neighborhood with commercial offices in northwest Eagan. • The Final Assessment Roll was presented to the City Council on September 17, 2013, with a public hearing scheduled for October 15, 2013, to formally present the final costs associated with this public improvement to the affected benefitting properties. • The final assessments for the assessable properties are approximately 21.2% less than the estimate contained in the revised feasibility report presented at the public hearing held on February 19, 2013. • All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on October 7 to address all property owners' questions or concerns and provide any additional information of interest. Of the 6 commercial properties being assessed, no one attended the meeting. ATTACHMENT: • Final Assessment Report, pages through M. la FINAL ASSESSMENT REPORT PROJECT Number: 1059 Name: Eagan Woods Office Park PUBLIC HEARING DATES Assessment: October 15, 2013 Project Approval: February 19, 2013 Final Feasibility Rate Report Units STREET Surf. /Signs (Commercial /Industrial) $ 1,196.28 $ 1,517.00 net acre Contract Number of Number Parcels 13 -04 6 Terms 10 yrs Interest Amount Rate Assessed 3.5% $ 44,944.24 $ 57,000.00 FR 13 Variance City Actual to FR Financed $ (12,055.76) $ 10,738.68 -21.2% $ 13,300.00 FR Variance Actual to FR $ (2,561.32) -19.3% Abba,- "r City of Evan ma To: Mayor and City Council From: Aaron Nelson, Assistant City Engineer Date: October 8, 2013 Subject: Final Assessment Roll, Project 1059 Eagan Woods Office Park At the public hearing on Feb 19, 2013, the City Council ordered Project 1059. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, and concrete curb & gutter repair for the Eagan Woods Office Park project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving improvements to the benefiting residential properties. The improvements were completed under Contract 13 -04. The following information was used in the preparation of the assessment roll for Project 1059. PROJECT COST The total construction cost for this project is $40,102.28. This includes $39,410.25 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $692.03. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $15,580.63 were incurred, resulting in a total improvement and project cost of $55,682.91. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. IMPROVEMENT Bituminous Mill & Overlay - Eagan Woods Office Park Concrete curb and gutter repairs ASSESSMENTS CONSTRUCTION OTHER COST COSTS 33,717.03 13,099.82 6,385.25 2,480.81 40,102.28 15,580.63 IMPROVEMENT FEASIBILITY COST REPORT 46,816.85 57,000.00 8,866.06 13,300.00 55,682.91 70,300.00 Trunk Assessments No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Commercial /Industrial Lots Improvements: The City's Assessment Policy states that 100% of the Bituminous Mill & Overlay - Eagan Woods Office Park costs are assessable for Commercial /Industrial Lots properties. The improvement and assessment rate for the Commercial /Industrial Lots properties is computed as follows: Commercial /Industrial Lots = 37.57 net acres / 39.14 total acres = 96.0% $46,816.85 (Bituminous Mill & Overlay- Eagan Woods Office Park Cost) x 96.0% =$44,944.24 $44,944.24 = $1,196.28 /net acre 37.57 net acres yl q The remaining acreage within the project area (1.57 acres) is storm water ponding, which is deducted from the gross acreage, and therefore not assessable under the City's Assessment Policy. ASSESSMENT TERMS: The assessments are proposed for a term of 10 years for non - residential properties. The interest rate is 3.5% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT Bituminous Mill & Overlay - Eagan Woods Ofi Concrete Driveway Apron Repairs Concrete curb and gutter repairs Street Fund: $10,738.67 J /A ti Aaron Nelson, P.E. Reviewed Pidic Works Department Date c: Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra O'Leary, Accountant I COST 46,816.85 8,866.06 55,682.91 REVENUE RESPONSIBILITY 44,944.24 1,872.61 8,866.06 44,944.24 10,738.67 Finance Depa mint /9,0/1.3 Date 11 F 9 1!� Final Assessment Roll City Project 1059 - Eagan Woods Office Park Eagan Woods Drive Commercial /Office P.I.N. AcNeage Rate / F.F. Total 2600 Eagan Woods Dr. 10- 22550 -01 -010 5.92 $ 1,196.28 $ 7,081.98 2640 Eagan Woods Dr. 10- 18250 -01 -010 1.81 $ 1,196.28 $ 2,165.27 2660 Eagan Woods Dr. 10- 47263 -01 -010 1.62 $ 1,196.28 $ 1,937.97 2655 Eagan Woods Dr. 10- 22551 -01 -010 15.00 $ 1,196.28 $ 17,944.20 Subtotals 24.35 $ 29,129.42 Eagan Woods Drive PD - Planned Development P.I.N. AcNeage Rate / F.F. Total Vacant Lot (West side) 10- 22551 -00 -010 9.18 $ 1,196.28 $ 10,981.85 Vacant Lot (East side) 10- 22550 -00 -010 4.04 $ 1,196.28 $ 4,832.97 Subtotals 13.22 $ 15,814.82 Total Assessments $ 44,944.24 9� 410j� Eagan Woods Office Park Street Revitalization - Project 1059 Ch Of Emon Street Improvement Area 77 9M Date: 12/20/2012 Agenda Information Memo October 15, 2013 Eagan City Council Meeting PUBLIC HEARING F. PROJECT 1085, DENMARK AVE — PROMENADE PLACE TO TOWN CENTRE DRIVE FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1085 (Denmark Avenue, Promenade Place to Town Centre Drive — Street Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 1085 provided for street improvements on Denmark Avenue, a commercial segment of the street located in central Eagan. • The Final Assessment Roll was presented to the City Council on September 17, 2013, with a public hearing scheduled for October 15, 2013, to formally present the final costs associated with this public improvement to the affected benefitting properties. • The final assessments for the assessable properties are approximately 6% more than the estimate contained in the revised feasibility report presented at the public hearing held on December 6, 2011. • All notices have been published in the legal newspaper and sent to the affected property owners informing them of this public hearing. An informational meeting was held on October 7 to address all property owners' questions or concerns and provide any additional information of interest. Of the 12 commercial /industrial properties being assessed, one property owner representing one property attended the meeting. ATTACHMENT: • Final Assessment Report, pages qq through 8 J . • Informational Meeting Minutes, pag —a WON PROJECT Number: 1085 Denmark Avenue (Promenade Place to Name: Town Centre Drive) FINAL ASSESSMENT REPORT PUBLIC HEARING DATES Assessment: October 15, 2013 Project Approval: December 6, 2011 119 Final Feasibility Rate Report Units STREET Surf. /Signs - Comm Park $2,260.76 $1,998.00 Acre OTHER Driveway - Cl $91.96 $106.00 SY Contract Number of Interest Amount Variance City Variance Number Parcels Terms Rate Assessed Actual to FR Financed Actual to FR 11 -09 (County Project 28 -30) 12 10 yrs 3.5% $ 126,025.56 $ 8,775.56 $ 245,936.42 $ 96,386.42 $ 117,250.00 FR 7.5% $ 149,550.00 FR 64.5% 119 Date: October 15, 2013 Subject: Final Assessment Roll, Project 1085 Denmark Avenue (Promenade Place to Town Centre Drive) At the public hearing on Dec. 06, 2011, the City Council ordered Project 1085. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, concrete entrance repair, and concrete curb & gutter repair for Denmark Avenue (Promenade Place to Town Centre Drive). In accordance wit the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving and concrete entrance repair improvements to the benefiting residential properties. The improvements were completed under Contract 11 -09 (County Project 28 -30), and in conjunction with Project 925R (Yankee Doodle Road and Promenade Avenue - Intersection Reconfiguration). PROJECT COST The total construction cost for this project is $309,781.40. This includes $305,751.23 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $4,030.17. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $62,180.58 were incurred, resulting in a total improvement and project cost of $371,961.98. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. IMPROVEMENT Bituminous Mill & Overlay - Denmark Avenue Concrete Entrance Repair Concrete Medians/ Curb & Gutter Traffic Control Modifications ASSESSMENTS Trunk Assessments CONSTRUCTION COST OTHER COSTS 114,713.52 23,025.76 13,301.77 2,669.99 78,101.41 15,676.83 103,664.70 20,808.00 309,781.40 62,180.58 IMPROVEMENT FEASIBILITY COST REPORT 137,739.28 121,700 15,971.76 20,000 93,778.24 64,100 124,472.70 61,000 371,961.98 266,800 No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Commercial /Industrial Lots Improvements: The City's Assessment Policy states that 100% of the Bituminous Mill & Overlay - Denmark Avenue costs are assessable for Commercial/ Industrial properties. The improvement and assessment rate for the Commercial/ Industrial properties is computed as follows: Commercial /Industrial Lots = 2,004.0 F.F. / 2,509.0 F.F = 79.9% $137,739.28 (Bituminous Mill & Overlay - Denmark Avenue Cost) x 79.9% = $110,053.80 $110,053.80 = $2,260.76 / Acre 48.68 Acres The remaining frontage within the project area (20.1 %) is either sideyard or backyard property with no driveway access, or not covered by assessment agreement, and therefore not assessable under the City's Assessment Policy. Commercial /Industrial Lots - Concrete Entrance Apron Replacement Improvements: The City's Assessment Policy states that 100% of the Concrete Entrance Repair costs are assessable for Commercial/ Industrial properties. The assessment rate for concrete entrance repair is $91.96 / square yard replaced. ASSESSMENT TERMS: The assessments are proposed for a term of 10 years for commercial/ industrial properties. The interest rate is 3.5% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT Bituminous Mill & Overlay - Denmark Avenue Concrete Entrance Repair Concrete Medians/ Curb &Gutter Traffic Control Modifications CITY FUND RESPONSIBILITY Major Street Fund: $ 245,936.42 John Gorder, P.E. Reviewed A PdWic Works Department Date c: Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra O'Leary, Accountant I IMPROVEMENT ASSESSMENT CITY COST REVENUE RESPONSIBILITY 137,739.28 110,053.80 27,685.48 15,943.88 15,971.76 - 93,778.24 - 93,778.24 124,472.70 - 124,472.70 $ 371,934.10 $ 126,025.56 $ 245,936.42 0 i Finance D04ftment Date Appendix B Preliminary Assessment Roll Denmark Avenue - Promenade Place to Town Centre Drive City Project 1085 Street Overlay PD - Commercial (Planned Development) CSC - Commercial (Community Shopping Center) Street Address Plat P.I.D. Lot Area Rate /Acre Street Assessment 3375 Denmark Ave Eagan Promenade 10- 01000 -56 -020 1.00 $2,260.76 $2,260.76 3385 Denmark Ave Eagan Promenade 10- 22472 -01 -010 0.99 $2,260.76 $2,238.15 1263 Promenade PI Eagan Promenade 10- 22472 -02 -092 29.36 $2,260.76 $66,375.91 1275 Town Centre Dr Town Centre 70 3rd 10- 77027 -01 -010 1.08 $2,260.76 $2,441.62 1270 Yankee Doodle Rd Town Centre 100 2nd 10- 77051 -01 -010 2.25 $2,260.76 $5,086.71 1298 Promenade PI Eagan Promenade 10- 22472 -02 -020 1.35 $2,260.76 $3,052.03 3380 Denmark Ave Eagan Promenade 10- 22472 -02 -010 2.63 $2,260.76 $5,945.80 1294 Promenade PI Eagan Promenade 10- 22472 -02 -030 2.12 $2,260.76 $4,792.81 1288 Promenade PI Eagan Promenade 10- 22472 -02 -040 1.95 $2,260.76 $4;408.48 1280 Promenade PI Eagan Promenade 10- 22472 -02 -050 2.10 $2,260.76 $4,747.60 1260 Promenade PI Eagan Promenade 10- 22472 -02 -070 1.09 $2,260.76 $2,464.23 1270 Promenade PI Eagan Promenade 10- 22472 -02 -060 2.76 $2,260.76 $6,239.70 Subtotals 48.68 $110,053.80 Street Assessment Total $110,053.80 Entrance Driveway Aprons PD - Commercial (Planned Development) CSC - Commercial (Community Shopping Center) Street Address Plat P.I.D. Area Rate /Sq Yd Assessment 3375 Denmark Ave Eagan Promenade 10- 01000 -56 -020 18.66 $91.96 $1,715.46 3380 Denmark Ave Eagan Promenade 10- 22472 -02 -010 30.17 $91.96 $2,774.44 3385 Denmark Ave Eagan Promenade 10- 22472 -01 -010 49.17 $91.96 $4,521.84 1263 Promenade PI Eagan Promenade 10- 22472 -02 -092 1 65.88 $91.96 $6,057.57 1275 Town Centre Dr Town Centre 70 3rd 10- 77027 -01 -010 9.81 $91.96 $902.45 Subtotals 173.7 $15,971.76 Assessment Total $126,025.56 i Denmark Ave. & Promenade Place Street Improvements - Project 1085 City of EHoRR Assessment Area Map 83 Figure 2 Denmark Avenue Street Revitalization City Project No. 1085 Informational Meeting — 3:30 P.M. Monday, October 7, 2013 Conference Room 1AB Attendance John Gorder, City Engineer, 1 property owner (see attached sign -in sheet). Presentation of Project Details Gorder welcomed the property owner and had an informal question /answer discussion since there was only one property owner present. Various project improvements were discussed. The meeting adjourned at 3:45 p.m. NOW INFORMATIONAL MEETING Denmark Avenue Intersection Traffic Control & Street Improvements City of ta n Project 1085 Contract 11 -09 Monday, October 7, 2013 3:30 p.m. — Conference Room 1AB NA E ADDRESS PHONE NO. 1. 2. 3. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Agenda Information Memo October 15, 2013, Eagan City Council Meeting G. VARIANCE 1684 GALWAY LANE- PLUNKETT ACTION TO BE CONSIDERED: To approve (or direct preparation of Findings of Fact for Denial) a 1.3% Variance to the allowed 20% maximum building lot coverage for property located at 1684 Galway Lane, subject to the conditions listed in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of Councilmernbers present. FACTS: ➢ The subject lot is 12,459 square feet in area and currently has a lot coverage of 19.2 %. ➢ The applicants are proposing to remove and replace an existing 14' x 16' deck with a two - tiered deck, with the upper 14' x 19' section screened and covered with a roof structure extending from the house. ➢ Since building coverage is detennined by measuring the area of all permanent roofed structures, the additional 266 square feet of covered space would cause the property to exceed the 20% building coverage requirement by 1.3 %. ➢ The applicants state that the existing deck faces south/southwest and receives a significant amount of direct sunlight making it difficult to use in the summer and fall months. According to the applicants, they have tried several methods to provide shade for the deck but would like to add a more pennanent cover to the deck area to make it more useful and safe. The applicants considered a 12' x 9' covered deck to meet the 20% o lot coverage requirements, but the supports would intersect with a bay of windows on the south side of the house and therefore, was not a reasonable option. ➢ The subject lot is at the corner of Galway Lane and Donegal Way with no immediate neighbors to the east. The lot and existing home is situated adjacent to the neighbor's rear yard, limiting the impact to the neighbor's lot. ➢ Letters of support from neighboring property owners were received and attached. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: November 19, 2013 ATTACHMENTS: (3) Location Map, page b9 Plamling Report, pages B06 throughq(p Letters of Support, pages C�n through q9 Location Map Legend Project Name: Kathryn and Theodore Plunkett Feet 0 500 1,000 2,000 1684 Galway Ln ® PARCELS 08 -2013 selection Request:: Variance Case No: 21- VA- 10 -09 -13 City of Baran 9� Buildings selection 3 PARCELS 08 -2013 Buildings J Parks �91� 4611,g City Boundary N PLANNING REPORT CITY OF EAGAN REPORT DATE: October 3, 2013 APPLICANT: Kathryn and Theodore Plunkett PROPERTY OWNER: same REQUEST: Variance to exceed lot coverage LOCATION: 1684 Galway Lane CASE: 10- VA- 10 -09 -13 HEARING DATE: October 15, 2013 APPLICATION DATE: Septeinber 25, 2013 PREPARED BY: Erik Slettedahl COMPREHENSIVE PLAN: LD, Low Density Residential (0 -4 units /acre) ZONING: R -1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a Variance to exceed the 20% maximum building lot coverage requirement in an R -1 Single Family Zoning District by 1.3% for property located at 1684 Galway Lane. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, and whether the applicant established that there are practical difficulties in complying with the provisions(s) of this Chapter, the City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owner of property has no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. The exceptional or extraordinary circumstances do not result from the actions of the applicant. d. The granting of the variance will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands, structures or buildings in the same district. WM Planning Report — 1684 Galway Lane (Plunkett Variance) October 15, 2013 Page 2 e. The variance requested is the minimum variance which would alleviate the practical difficulties. f. The variance would not be materially detrimental to the purposes of this Code or to properties in the same zone. g. The property for which the variance is requested is otherwise in compliance with the City Code. The ordinance also states "A variance will be denied when it is not in harmony with the general purposes and intent of the zoning provisions of this Code or when the variance is inconsistent with the comprehensive plan. Any condition imposed upon the approved variance must be directly related to and must bear a rough proportionality to the impact created by the variance." CODE REQUIREMENTS City Code Section 11.60, Subd. 5 E, allows a maximum 20% building lot coverage on properties zoned R -1 Single Family Residential. BACKGROUND /HISTORY The subject home was built in 1999 as part of the Murphy Farm subdivision. Standard zoning and platting requirements apply to the subject property. EXISTING CONDITIONS The subject property is located at the southwest corner of Galway Lane and Donegal Way. The property contains an existing two -story house and garage on a 12,459 square foot lot. Current building coverage for this lot is 19.2 %. The house currently contains a 12' x 12' first floor, 4- season porch with a walls -out to a south facing 14' x 16' uncovered deck at the rear of the property. The deck and porch are supported over the basement level and were built with the original house. Existing deck and rear side of home r Planning Report— 1684 Galway Lane (Plunkett Variance) October 15, 2013 Paee 3 EVALUATION OF REQUEST Proposal — The applicants are proposing to remove and replace the existing deck with a two - tiered deck. The upper portion would be screened and covered with a roof structure extending from the house. The covered portion would measure 14' x 19', with stair access moved to the front. The lower portion would not be covered and extend west up to the 5' setback line. Although the proposed upper portion would be relatively similar in size and shape to the existing deck, 266 square feet would be added to the lot's building coverage due to the new roof structure. Since building coverage is determined by measuring the area of all permanent roofed structures, this would cause the property to exceed the 20 % building coverage requirement by 1.3 %. Variance Criteria — The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a practical difficulty. The use of the subject lot as a single family home is not contrary to the Zoning Ordinance or Comprehensive Plan. The subject lot and existing house appear to be of similar size and character to other lots within the Murphy Fann subdivision, with lots on Galway Lane ranging from 12,200 square feet to 13,000 square feet. The average existing building lot coverage for these homes is 17.2 %. A letter of support from the adjacent neighbor is included and states that the proposed deck is offset a distance from their home and therefore will not interfere with their lot in anyway. APPLICANT'S PRACTICAL DIFFICULTIES The applicants state in their written narrative that the existing deck faces south/southwest and receives a significant amount of direct sunlight making it difficult to use in the summer and fall months due to the sun and heat. According to the applicants, they have tried several methods to provide shade for the deck and installed a framework with rolling fabric shades. However, during one the several recent wind storms, the shades broke loose and damaged windows on the house. The applicants would like to add a more permanent cover to the deck area to make it more useful. The applicants considered a 12' x 9' covered deck to meet the 20% lot coverage requirements, but the supports would intersect with a bay of windows on the south side of the house and therefore, was not a reasonable option. The applicants state that the deck location is tucked in the corner of the house and not visible from the street. Also, the applicant's home is aligned with the neighbor's backyard as opposed to directly adjacent to the neighboring house due to the curvature of Galway Lane, limiting the impact on the neighbor's open space. Additionally, the applicant's home is on a corner with no adjacent neighbors to one side, with mature trees dividing the home to the neighbors to the south. The applicants believe that that the proposed deck and cover with not be significantly different than the existing structure, and due to the list of practical difficulties and unique circumstances listed above, the additional CW Planning Report — 1684 Galway Lane (Plunkett Variance) October 15, 2013 Page 4 covered space will not be detrimental to the purpose of the lot coverage requirement or adjacent properties. SUMMARY /CONCLUSION The applicants are requesting a 1.3% Variance to the allowed 20% maximum building coverage to reconstruct an existing deck and add a screen and roof structure to make better use of the space. It appears the proposed structure will not be significantly different in size to the existing deck and due to its location, will have minimal impact on surrounding property and open space. ACTION TO BE CONSIDERED To approve (or direct preparation of Findings of Fact for Denial) a 1.3% Variance to the allowed 20% maximum building lot coverage for property located at 1684 Galway Lane, subject to the conditions listed in the staff report. If approved, the following conditions should apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use pennitted in the variance. 2. The new structure shall comply with all other applicable Zoning Ordinance and Building Code requirements. Ql Location Map Legend t t Feet Project Name: Kathryn and Theodore Plunkett 0 500 1,000 2,000 1684 Galway Ln ® PARCELS 08 -2013 selection Request:: Variance Case No: 21- VA- 10 -09 -13 City of Eapn q Q— Buildings selection 3 PARCELS 08 -2013 Buildings Parks ,sue city Boundary N M m a� LL 0 0 M N 0 c c c o •- � o w c U 'O C C O N f6 N N ZC C O D. 1O v U) (n N N a O N C = O E N N N N O @ 0 O w- M N N N aj �L N CL O N O > V- O J m J N as C O J � A � co O � V tG a � V * * *4 PIONEER alren®ar * 4 ** LAND SURVEYUKS • UVIL tNUI -1.1 -LAND PLANNERS• LANDSCAPE ARCHITECTS 2422 Enterprise Drive Mendota Heights, MN 55120 (612) 681 -1914 FAX: 681 --9488 625 Highway 10 N.E. Blaine, MN 55434 (612) 7831880 FAX .- 783001883 Certificate of Survey for. KATHY TREMBLE CUSTOM BIOMES 1684 GALWAY LANE 910c' C) I ' DROiEWAY 6 ELE`11.�895.0© 907.4 tQ !!���1 907.3 / 12,/ / BENCH MARK ,j TOP OF PIPE W ELEV, = 908.22 4 00 906.38 C -4 z -- 76g7 905 9 908. /:C 2,01 0. �i \G RA AGE a J 1 1.00 °om PRQI 4N:00 HO .10 ri ^� 4 Rr'g�L S 908.8 40, 2 9 7. x15.00: > 1 IQ IF _ 10 0 ' rn 908.9 !N1 4.00 6.000 r /� o N ��� / JSE D� / a C \2.0 o � N x.00 906.4 28.9�p- 1�(i�l j �l 99.3 9Q ®0 911.5 10 M11,0i 10 NOTE: PROPOSED GRADES SHOWN PER GRADING PLAN BY; B.R.W. INC. NOTE: BUILDING DIMENSIONS SHOWN ARE FOR HORIZONTAL AND VERTICAL LOCATION FOUNDATION STRUCTURES N Y. EE ARCHITECTUAL PLANS FOR BUILDING AND NOTE: NO SPECIFIC SOILS INVESTIGATION HAS BEEN COMPLETED ON THIS LOT BY THE SURVEYOR, THE SUITABILITY OF SOILS TO SUPPORT THE SPECIFIC HOUSE PROPOSED IS NOT THE RESPONSIBILITY OF THE SURVEYOR. 0. N 0T% .0 S. 7^ 40 P,- ^ ^ -.. BENCH MARK ^`TOP OF PIPE e ELEV, =908.36 0 W I0 ` -/ 910.71 J I PRQPOSED HOUSE FLF-VATION LOWEST FLOOR ELEVATION: anL{, 0 TOP OF BLOCK ELEVATION: GARAGE SLAB EL 1 R4la.7) X - � 907 '� `� 91 I AJA NT & P,LAT� ^° i 1 •`'"° 572.19, `' �- .2 E 9Q ®0 911.5 10 M11,0i 10 NOTE: PROPOSED GRADES SHOWN PER GRADING PLAN BY; B.R.W. INC. NOTE: BUILDING DIMENSIONS SHOWN ARE FOR HORIZONTAL AND VERTICAL LOCATION FOUNDATION STRUCTURES N Y. EE ARCHITECTUAL PLANS FOR BUILDING AND NOTE: NO SPECIFIC SOILS INVESTIGATION HAS BEEN COMPLETED ON THIS LOT BY THE SURVEYOR, THE SUITABILITY OF SOILS TO SUPPORT THE SPECIFIC HOUSE PROPOSED IS NOT THE RESPONSIBILITY OF THE SURVEYOR. 0. N 0T% .0 S. 7^ 40 P,- ^ ^ -.. BENCH MARK ^`TOP OF PIPE e ELEV, =908.36 0 W I0 ` -/ 910.71 J I PRQPOSED HOUSE FLF-VATION LOWEST FLOOR ELEVATION: anL{, 0 TOP OF BLOCK ELEVATION: GARAGE SLAB EL 1 3 r .._ ' ___• 1 `` gyp, � •"__._ - -- - - —.lY —da Lu LL ....l�— e.+.,� a -�w� 4_.__•- •�i . _' __•�• ^� y.e!� � � �. i1 ! � - 2. .Rte --•__ �._ —.._. -- _. _...... ... _.._....._ i CV� : 4's` { +L �� J s LL ILL LL Cy Variance Request for 1684 Galway Lane, Eagan MN Comprehensive Guide Plan designation: LID, low density residential Zoning Classification: R -1 Single Family Residential Written Narrative The Applicants for the variance and owners of the property, Katie and Ted Plunkett, are planning to replace the existing single -level deck with a two -level deck including a lower hot tub deck. The Applicants wish to enclose the upper level deck by screening it in and putting a roof over the deck. The hot tub deck will not be enclosed. The plan to screen in the upper level deck with a roof structure would cause the house roof area to be slightly over the 20% lot limit requirement (approx. 21.2 %). The Applicants had considered trying to stay within the 20% lot limit restriction, however, that would require the deck to be 12'x9'. The length of 12' would intersect with the window that is on the south side of the house, and therefore is not a reasonable option. The current deck is 14 years old. Although it has been dutifully maintained, the deck does face southwest and has endured a substantial amount of wear and tear as a result of the elements of sun, rain, snow and wind. The current deck is 16 feet wide; 20 feet wide including the stair way, and the proposed upper level deck that would replace it is 19 feet wide. In both cases, the deck extends just past the corner of the house in order to allow for a landing for the stairs. The stairs for the proposed deck would be moved from the west side of the deck to the front (south side) of the deck in order to place the hot tub spa on the west side of the deck. This allows the hot tub spa to be in a discrete location; hidden from the road and tucked behind the garage. Accordingly, the Applicants are requesting a variance from the zoning of 20% roof coverage provision to allow the construction of the screened -in upper level deck with a roof as set out in the project plan. As previously mentioned the deck faces southwest and receives a significant amount of direct sunlight, making it difficult to make use of the deck during the summer /fall months because of the heat and blinding sun. The Applicants have tried several methods to provide shade for the deck. They have installed a framework with rolling fabric shades that slide out to cover a portion of the deck. However, this location has been subject to several severe wind storms and during one of these storms, the rolling shades broke loose and smashed several windows on the house. Attempts to modify the framework did not work as the wind would continually stress the rolling shades until they would eventually break apart. With the replacement of the existing deck, the Applicants would like to provide permanent cover to the deck area to better enjoy use of the deck. The Applicants have considered installing a pergola structure on the deck as this would provide some relief from the direct sun. However, the Applicants do not believe it would provide sufficient relief as compared to a permanent cover such as a roof. Additionally, the estimate for constructing the pergola exceeds the cost of screening in the deck with a roof. RECEIVED SEP 2 2013 The project would begin immediately following approval of this variance and would be completed within one week of its initiation. The current deck is tucked into the corner of the house and is not visible from the street. The proposed plan would continue with the discrete placement, with only the stairway visible from the street. This area of the Applicants' home is adjacent to their neighbors' backyard, as opposed to next to the neighbor's home. The Applicants' home is on a corner, so there is no neighbor on the other side of the house. The neighbor's house behind the Applicants' home is divided by a line of mature trees and hardly visible. Applicants are attempting to provide permanent coverage for approximately the same deck area as the existing deck. Rather than installing some type of removable shading or a pergola structure, the plan is to screen in the deck and add a roof. Such a structure would not be significantly different from the current deck footprint with a pergola structure or removable shading structure but would provide substantially more protection from the weather elements and allow for consistent use of the space, at a lower cost to the Applicants. Thank you for your careful consideration. Katie and Ted Plunkett Applicants and Home Owners 1684 Galway Lane, Eagan, MN 55122 �1 REC IVIED SEP 2 5 2013 October 7, 2013 To Whom It May Concern, We are the next door neighbor to Katie and Ted Plunkett (1684 Galway Lane, Eagan, MN 55122), and we understand that it is their intent to rebuild their deck and screen in the main portion of it. The back of the Plunkett's home is set back substantially from the back of our home. Therefore, their deck is adjacent to southeast corner of our lot. That area of our lot is landscaped with grass and trees, and their deck does not obstruct our view or interfere with our lot in any way. We have reviewed the contractor's drawings and understand the general scope of the project. Since our home and deck are facing the same direction as the Plunkett's home and deck, we have faced the same challenge of constant sunlight, heat and wind when attempting to use our own deck. For these reasons, we support their effort to screen in their deck and know it will not interfere with our access to and enjoyment of our backyard. Sincerely, \r ` Steve and Barbara Moon 1688 Galway Lane Eagan, MN 55122 G� Agenda Information Memo October 15, 2013, Eagan City Council Meeting H. VARIANCE — HOLIDAY STATIONSTORES ACTION TO BE CONSIDERED: To approve (or direct preparation of Findings of Fact for Denial) a Variance of 127" to the required 25 -foot private street setback for construction of a building addition for property located at 1650 Diffley Road, subject to the conditions listed in staff report. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ The site was developed in 2004 with a convenience gas station and detached car wash. A conditional use permit (CUP) to allow these uses along with a pylon sign and gasoline sales was approved in 2003. ➢ A condition of the car wash CUP required the entry /exit doors be closed during the wash/dry cycles. The construction of the car wash did not accommodate this requirement. ➢ City staff alerted Holiday Stationstores of the issue after receiving a noise complaint in 2012 from a nearby resident. ➢ Holiday Stationstores purchased the property in 2007 and was unaware of the CUP condition. They propose a building addition to retrofit the car wash. ➢ The property fronts Diffley Road and two private streets, increasing setback requirements. ➢ The proposed addition would not meet the 25 -foot setback requirement from the private street to the south. ➢ The applicant's narrative indicates that removal of the car wash is not desirable as "The car wash has been operating for nearly 10 years and has become an integral part in the success of the store." ➢ It does not appear that granting of the Variance would result in detrimental effects to the neighboring properties or the public. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: November 22, 2013 ATTACHMENTS: (2) Location Map, page �D 1 Planning Report, pages ip D- through k � �Q o BIN vt ■ I �� _•_ IM !s� MIN ee l■ :■® ter :ee �� ��/ ele ®,ee® eeel�eee,eee �► • eeele�ee�ee■ ■��,�' mill � ,,,,.,,, �° ;�.,oe . %•.,�:1` � ®�� �®,e,ee, ®11 ®seal ® ®�� III / / /I��`.>���;;., , �i�° v , 0�0, ®•• ® ®,�� .. -. ®� � =t �IIIIIIIIIIII�:�O\\i� % � � 11: � ♦�� ,� ® ®�`�� �` ®``a :::: ®\ �° ®�0 �. � ®� -- ®� ���■ ■�.■ � III _��� �s��® -. � � i `�® ��� • _ _ ►� � �; ;��!�:•w j . � '��1 /•11��f as ■ ,� . to �� �' � ■... i ��`,• ®� �'",' ' , � -�I - III ►�r���,�: %� � ::: ;•:.' °.;� 11► /•.. ....alp �.e � .�: • �; � .: •� ....tee � 'D � ■■ :■ ■gin �o�. � �.�• j'' Lone Oak d 1 ` Yankeo Oootlle.Rd i•• 1 • Olin. Rd 1 1 Clilf RA 1 1 � ""•M'aji� ea'�'fent [0� •'�'• PLANNING REPORT CITY OF EAGAN REPORT DATE: October 10, 2013 APPLICANT: Holiday Stationstores PROPERTY OWNER: HUD of Eagan LLP REQUEST: Variance LOCATION: 1650 Diffley Road CASE: 28- VA- 08 -09 -13 HEARING DATE: October 15, 2013 APPLICATION DATE: Sept. 23, 2013 PREPARED BY: Sarah Thomas COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: NB, Neighborhood Business The applicant is requesting approval of a Variance of 127' to the required 25 -foot private street setback for construction of a building addition for property located at 1650 Diffley Road, legally described as Lot 6, Block 1, Diffley Plaza Addition. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance and whether the applicant established that there are practical difficulties in complying with the provisions(s) of this Chapter, the City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owner of property has no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. The exceptional or extraordinary circumstances do not result from the actions of the applicant. d. The granting of the variance will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands, structures or buildings in the same district. l0') Planning Report — Holiday Variance October 15, 2013 Page 2 e. The variance requested is the minimum variance which would alleviate the practical difficulties. f. The variance would not be materially detrimental to the purposes of this Code or to properties in the same zone. g. The property for which the variance is requested is otherwise in compliance with the City Code. The Variance language in the City Code also contains the following: Subd. 3, A. "Practical difficulties" as used in conjunction with the granting of a variance, means that the applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of this Code; the plight of the applicant is due to circumstances unique to the property not created by the applicant; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Subd. 3, B., 3. A variance will be denied when it is not in harmony with the general purposes and intent of the zoning provisions of this Code or when the variance is inconsistent with the comprehensive plan. Any condition imposed upon the approved variance must be directly related to and must bear a rough proportionality to the impact created by the variance. BACKGROUND /HISTORY The Diffley Plaza property was platted in 2003 with the creation of seven lots. Four Conditional Use Permits (CUP) were approved for the subject property in 2003 to allow the following: a convenience store, gasoline sales, car wash and pylon sign. The Holiday convenience gas station and car wash were constructed in 2004. EXISTING CONDITIONS The subject site is 1.5 acres and consists of a 3,968 sq. ft. convenience gas station and a 3,080 sq. ft. detached car wash. SURROUNDING USES The subject site is surrounded by neighborhood business uses, zoned neighborhood business and guided retail commercial. Diffley Road is located to the North and I -35E to the East. Planning Report — Holiday Variance October 15, 2013 Page 3 EVALUATION OF REQUEST Compatibility with Surrounding Area — Neighborhood Business districts are small business areas generally located adjacent to or in close proximity to residential neighborhoods that are intended to provide daily retail goods and services. As previously mentioned, CUP's were approved to allow a convenience store, gasoline sales, carwash and Pylon sign at this site. Proposal — The applicant proposes an addition onto the car wash in order to meet a condition of the 2003 CUP approval. Holiday's involvement with the property began in November, 2007 and they were unaware of the specific requirements of the CUP. The CUP required entry and exit doors to be closed during wash/dry cycles; however, the current configuration of the car wash does not allow for the exit doors to be closed during the dry cycle. City staff received a noise complaint from a homeowner located over 300 feet to the south and the applicant considered a number of solutions and arrived at the proposed building addition as the only viable option to meeting the original requirement. New building mounted lights are proposed to match the existing lights; otherwise, no other site modifications are proposed. Setbacks — The proposed building addition encroaches 12' 7" into the 25' setback requirement from a private street. All other setbacks are met. VARIANCE The Zoning Ordinance states that relief may be granted from a required ordinance provision where practical difficulties result from carrying out the strict letter of the regulations of such Code provision, provided "the applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of this Code; the plight of the applicant is due to circumstances unique to the property not created by the applicant; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties." The Zoning Ordinance states that relief may be granted provided exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography, or other circumstances over which the owner of property has no control. The owner of the property is not the original developer /owner and was unaware of the condition of approval requiring the overhead doors to be closed during wash /dry cycles. To comply with the condition, a building addition is necessary. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. Many gasoline /convenience stores offer a car wash as part of the business. The applicant's narrative states, "The car wash has been operating for nearly 10 years and has become a very important offering to the area which plays an integral part in the success of the store." 01 Planning Report — Holiday Variance October 15, 2013 Paize 4 The exception or extraordinary circumstances do not result from the actions of the applicant. As previously mentioned, the current owner was recently made aware of a condition of approval which impacts the existing building. In addition, the property is located along three street frontages with two being private streets. This requires additional setback distances compared to side and rear yards. The granting of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to owners of other lands, structures or building sin the same district. The building is existing and granting of the Variance would bring the structure into compliance with the original intent of the building and site. The variance requested is the minimum variance which would alleviate the practical difficulties. According the applicant, the proposed addition is the size necessary to "correct a deficient design by another party in order to meet an important condition of the CUP." The variance would not be materially detrimental to the purpose of this Code, or to other properties in the same zone. It does not appear that granting of the Variance would result in detrimental effects to the adjacent properties or the public. The granting of the Variance would have a positive impact on the surrounding properties as it would assist with the reduction in noise from the car wash. The property for which the variance is requested is otherwise in compliance with the City Code. The proposal meets this factor. APPLICANT'S PRACTICAL DIFFICULTIES The applicant's narrative states, "The Variance is necessary to bring the car wash into conformance with the Conditional Use Permit granted to the developer of this site on July 1, 2003." Further, the applicant explains they were first notified of the situation in late December 2012. Since then the applicant explains they have researched options and "short of tearing down and completely rebuilding the car wash, Holiday's proposal to extend the car wash building is the only means possible to correct a deficient design by another party in order to meet an important condition of the CUP. SUMMARY /CONCLUSION In summary, the applicant is requesting a Variance of 127" to allow a building addition to the existing car wash. The proposed addition will bring the car wash into compliance with the 2003 conditions of the CUP approval requiring the entry and exit doors to be closed during the entire wash/dry cycles. Planning Report — Holiday Variance October 15, 2013 Page 5 While the building was constructed in 2004, complaints from a neighbor to the south brought the issue to attention. The owner has determined the only viable option is the building addition, which given the existing configuration of the building on the site, does not meet setback requirements. If approved, the applicant intends to complete the addition by June 1, 2014. ACTION TO BE CONSIDERED To recommend approval of a Variance of 127' to the required 25 -foot private street setback for construction of a building addition for property located at 1650 Diffley Road. If approved, the following conditions should apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. A building permit shall be required prior to construction of the building. 3. The building shall not exceed the size shown on the proposed Site Plan received September 23, 2013. 4. All mechanical equipment shall be screened from views from off the site, consistent with the provisions in the City Code. 5. The proposed addition shall be designed to match the existing materials of the car wash. k0b Location Map Legend i 1 Feet Project Name: Holiday Stationstores o 500 1,000 2,000 1650 Diffley Road ® PARCELS 08 -2013 selection Request: Variance Case No: 28- VA- 08 -09 -13 #kfflyflap t crl Buildings selection 3 PARCELS 08 -2013 Buildings Parks / City Boundary N Current Zoning and Land Use Map City of EaRn Application: Holiday Stationstores Type: Variance Case No.: 28-VA-08-09-13 Zoning NB Neighborhood Business Land Use Plan RC Retail Commercial N 0 300 600 1,200 ammmm=��� Feet f < U �D U� EY ROAD) C.S.A. I. NO. 3fLLULEF-LEY ROAD NB Subject S M N w 'R 0:1 ED EJ EDEEI _9 A DEDI I 1 01 ELIEDMU \ � / — . 'FVx".' IFT am U D L- LU X moo Iq\ -0 IM -EY ROAD) C.S.A. F . NO. 3n WIE LEY ROAD) RI Subject Site RC WO Ui D U1 L -LD ❑ HQDdI ETIEDED01 190 M WS w � \� / \� ��� B ° 0 13 • � - ,.pper•� yy a,d4/ U � SURVEY N pva o =599. n zrc9 D y y9 e8 N` s 8 � o may] O a; s m a �a; Nil ;9 6 a � C N J N I 2005 Pin Oak Drive f/ Eagan, MN 55722 PLANN /NC ENCJNEER /NC SURY£YING Phone: (651) 405 -6600 Y k 0 III � II I I I li I I I II I I I NM'09']5'E I I I :J 11•'; =3 - =1 II I i l loin i I I �% y I I I I i51 I II I I '; .I I 4a, it al tl II III c i I I Zi Eo J� II' W o Z O o !n o> m —� .. � D ° o y b � 5 m ° O na l) 1 O Al Z; N 0O j �o _ -'om J p10 �Z? 0 o /y 1,1r F, m III °� OJO !� N � r n I� II I II N fu III 7 � II• N II 7 III 7 ° - T I 2005 Pin Oak Drive f/ Eagan, MN 55722 PLANN /NC ENCJNEER /NC SURY£YING Phone: (651) 405 -6600 Y k 0 III � II I I I li I I I II I I I NM'09']5'E I I I :J 11•'; =3 - =1 II I i l loin i I I �% y I I I I i51 I II I I '; .I I 4a, it al tl II III c i I I i s a M 3 ' a � e_o ~ °s3a _ o N y b � 5 0 0- a A l) 1 O Al Z; N Z �Z? 0 o ONO -� ww- F, m °� OJO !� N �a Pu N fu I 2005 Pin Oak Drive f/ Eagan, MN 55722 PLANN /NC ENCJNEER /NC SURY£YING Phone: (651) 405 -6600 Y k 0 III � II I I I li I I I II I I I NM'09']5'E I I I :J 11•'; =3 - =1 II I i l loin i I I �% y I I I I i51 I II I I '; .I I 4a, it al tl II III c i I I s a m b � 5 s a m O A l) 1 O Al m m C m toO m -a N 0 EXISTING r.nNniTinN.q a I I I I I I I I SITE PLAN STATIONSTORE #0401 EAGAN, MN 1 BC=: 1.. so' -o• w w F-+ m m m m tea 0 w U) SITE PLAN Filenome: Metro— II— A1.dwg N lD o = \ C) / Fll m / U� W lO a \ \j R15.-G. 19' -0' 19' -0• 1 � 24' -0' � o 0 I I�o �m Cam) �i a b ti A I - )gtlB BNl NB mg � o s OY • g I _ 20'- 44,_1 u I - I + I6• 4' -0' �f C �m VIII I` lit � c E. VIII k'' N III k n IIII -� .k . �lil :I I — 4' -0' �f y§ 1111111II� 9DD0 s PROPOSED a l l l l l l l I.I SITE PLANrjil STATIONSTORE x'0401 �° \ -- -x 0. n � p��w EAGAN, MN - SIGN AGE SETBACK A9pA�: �• ° �°' - °" a a I IONE (TYP.) I h y 10' -0• J i � EASEMENT (VERIFY) ,k W- a 00 7 I 2G:1-G, PARKING 60' -0' 1 SETQAOK _ _ :i' 10(x' �p7p1 7J 171 4 x A 4 50 ' -0' BUIIDIN I u SETBA 0. 1r - � I I Q ro Itl I I I I I I L _J I 4 y§ 1111111II� s PROPOSED a l l l l l l l I.I SITE PLANrjil STATIONSTORE x'0401 �° n � p��w EAGAN, MN A9pA�: �• ° �°' - °" a ��a �l n I°i'] CD cn rn c� 0 W m 1 ELEVATIONS J P J r n s n i Y T1 - II II II II I I II I l g II II I-L II II II II [H - - ri II H-- II H- - II II II II II II II II II II II II H- - 1I 1I II II II II II II II II u_ I (_ II II II Ii II II II II II I � rr- II II II II II a o � z ■ H i i ® o ■ o o °x I I I I I I I I Iy PROPOSED 0 "i b ELEVATIONS STATIONSTORE #0401 oo� I SCAM AS NOTED „ EAGAN, MN X1 ) O m m_ m tf•� m cra 1 FLOOR PLAN N 3•-a• e•o• �e a• -o• (� LINE OF NEW 3'-4• 9''a' CANOPY ABOVE LINE '— -- EXISTININ G _. _.. _.... __ _ , CANOPY TO BE od I REMOVED D � HOSE d _p� BIB I I TRENC FOR GAR WA5H, 5E TRASH ENGLO5URE 0 d fl. -91 w TRAN5FORMER < 6 GONG. PAD, VERIFY 'LOG'N. n W/ CONTRACTOR K W J • 0 O FLAMMABLEL NA5TE TRA (J u r B° GONG. I BL K. WALL TO PRECA5 PLANK AUTOMATIC BI- q _ ABOVE FOLDING DOOR5 N GLASS LITE5 L — J BY GAR WASH EQUIP. SUPPLIER FAIR STATION d C R.D L_J r -� i REGLAI TANK5 r — (5 THUS) I I I I I I I � m 0 0 L LINE OF av EX15TINO CANOPY TO BE u ..REMOVED 0 0 PLAN NORTH ia•-e• LI L��3:aNE OF NEW CANOPY ABOVE o 1 1 1 1 1 1 1 I s PROPOSED ° I� � CAR WASH STATIONSTORE #0401 FIXTURE PLAN EAGAN MN I1q L , NARRATIVE Holiday Stationstores 1650 Diffley Road Setback Variance Request Holiday Stationstores would like to submit for consideration, a request for a variance to the building setback requirements to allow for an extension of the car wash located at 1650 Diffley Road. The variance is necessary to bring the car wash into conformance with the Conditional Use Permit granted to the developer of this site on July 1, 2003. Background: The Conditional Use Permit was one of 4 granted to the Coen Development Group, LLC to allow the group to develop a gasoline /convenience store on the site for the property owners with whom Holiday had no ownership or operating relationship. Holiday's involvement with the property began November 1, 2007 when we entered into an operating and management lease with the owners. The property owners put their trust into a very experienced gasoline /convenience store developer, the Coen Group, to bring the development through the City process, obtain the necessary permits and build the store according to the conditions of said permits. The Coen Group obviously failed to build the car wash to meet "Condition A." which requires that the "Entry and exit doors shall be closed during wash /dry cycles." The violation of this condition went unnoticed from the buildings inception until late December 2012 when a neighbor brought the issue to the attention of the City. The development is zoned Neighborhood Business and is immediately surrounded by the Diffley Plaza commercial development to the south and east, Diffley Road to the north and Interstate 35E along the northwest. The secondary ring around Diffley Plaza has single family residential to the south that rises above the development, as well as a townhouse development across Diffley to the north. The existing Comp Plan designates the area as RC /Retail Commercial both currently and in the 2030 Comp Plan. The car wash at the center of the issue lies along the western property line in an angular fashion from northwest to southeast, with the exit facing the Kowalski's Market parking lot and ultimately the single family residences up the hill from the Diffley Plaza development. ;D EP ? 2013 � `' Current Status: Since being made aware of the issue, Holiday has been working on finding a proper solution. After working closely with the adjacent property owner to solve the problem, it became apparent that the only viable option was to build an addition onto the building that would be large enough to hold a car exiting the wash track between two garage doors to allow the existing garage door to close behind the car before opening the new garage door at the front of the car. The Variance Request: On behalf of the property owners, Holiday is requesting a 12' 7" variance to the City's 25 foot setback requirement. The hardship for the requested variance is that short of tearing down and completely rebuilding the car wash (which is not financially feasible), Holiday's proposal to extend the car wash building is the only means possible to correct a deficient design by another party in order to meet an important condition of the CUP. The car wash has been operating for nearly 10 years and has become a very important offering to the area which plays an integral part in the success of the store. The proposed building addition is designed to match the existing materials that the car wash was originally built with. Holiday appreciates City staff's time to review and present our request, and the City Council's consideration in granting the variance to allow us to build the necessary addition to the car wash. Dave Edquist Holiday Stationstores, Inc. Appendix: PID # 10- 20500 -01 -060 1 o (0 Agenda Information Memo October 15, 2013 Eagan City Council Meeting I. VARIANCE — KOHL'S ACTION TO BE CONSIDERED: To approve (or direct preparation of Findings of Fact for Denial) a Variance to the exterior finish materials standards for a commercial building fagade remodel for the Kohl's store located at 1350 Town Centre Drive, subject to the conditions listed in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of Councihnembers Present FACTS: ➢ Kohl's is proposing to remodel the front building fagade of the store located at 1350 Town Centre Drive. No changes to the building footprint are proposed. ➢ The Kohl's building was constructed in 1994, and the property is zoned CSC, Community Shopping Center. ➢ The zoning ordinance specifies exterior surface materials of newly constructed buildings in the CSC zoning district provide at least two Class I materials comprising 65% of the finish, and not more than 35% Class II or III materials (adopted in 2006). ➢ In evaluating exterior remodels, it has been the City's policy that existing conforming building remain in compliance, and existing nonconforming buildings move toward greater compliance with these materials standards. ➢ As proposed, Class I materials are reduced from 68% to 57% and Class II and III materials would increase from 32% to 43 %, resulting in a nonconforming building exterior. ➢ Because a conforming exterior finish would become nonconforming, the proposal appears to be contrary to the zoning ordinance. ➢ The applicant indicates that the fagade changes are an upgrade and complimentary with the building, and are intended to incorporate the brand image that Kohl's is using for their remodeling program that has been used at over 100 other Kohl's locations. ➢ The stated practical difficulty is that complying with the ordinance would require the applicant to deviate from its brand image design. ➢ The circumstances upon which the Variance is based appear to be the result of the actions of the applicant. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: November 23, 2013 ATTACHMENTS: (2) Location Map, page �1?j Planning Report, pages �kCl through 101 'n Location iVlap Z . . U w > Y Q w w 81 TOWN CENTRE D �W TOWN CENTRE Subject Site �o w ' _ a Y w C7 Q 000 0 m i A r , qN 7� CRESTRIDGE LANE Y ANCER z w o ou O F LU LU o UK 1NG 0 Fish_'Lake.i?ark Park ENGLERT RD Feet 0 250 500 1,000 Project Name: Kohl's Legend Request: Variance ®PARCELS 08 -2013 selection Case No: 15- VA- 09 -09 -13 Buildings selection 3 Cityqn O PARCELS 08.2013 /� City of Eap Buildings N Parks o] City Boundary 0 1 i Lone ak �d� f( �' d Pte, i Yankee Dootllo,Rd y° I 1 1 DI(fla Rd 1 Cliff Rd 1 1 1 �'Map�rea.�ztent'm PLANNING REPORT CITY OF EAGAN REPORT DATE: October 8, 2013 APPLICANT: CASCO PROPERTY OWNER: CH Investment Co. REQUEST: Variance LOCATION: 1350 Town Centre Drive CASE: 15- VA- 09 -09 -13 HEARING DATE: October 15, 2013 APPLICATION DATE: Sept. 24, 2013 PREPARED BY: Pamela Dudziak COMPREHENSIVE PLAN: SA /RC, Special Area/Retail Commercial ZONING: CSC, Community Shopping Center SUMMARY OF REQUEST The applicant is requesting approval of a Variance to the exterior finish materials standards for a commercial building fagade remodel for the Kohl's store located at 1350 Town Centre Drive. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, and whether the applicant established that there are practical difficulties in complying with the provisions(s) of this Chapter, the City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owner of property has no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. The exceptional or extraordinary circumstances do not result from the actions of the applicant. IN Planning Report — 1350 Town Centre Drive (Kohl's) October 15, 2013 Page 2 d. The granting of the variance will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the practical difficulties. f. The variance would not be materially detrimental to the purposes of this Code or to properties in the same zone. g. The property for which the variance is requested is otherwise in compliance with the City Code. The ordinance also states "A variance will be denied when it is not in harmony with the general purposes and intent of the zoning provisions of this Code or when the variance is inconsistent with the comprehensive plan. Any condition imposed upon the approved variance must be directly related to and must bear a rough proportionality to the impact created by the variance." CODE REQUIREMENTS City Code Sec. 11.70, Subd. 21 -B provides the following classifications of building finish materials: Class I — Brick, glass, natural stone, architectural metal panels, Class II — Specialty concrete block (e.g. textured, burnished or rock -face block), masonry stucco, manufactured stone Class III — Exterior Insulation and Finish System (EIFS), precast textured concrete panels, glass block, ornamental metal as an accent, cement -based and architectural products (e.g. Quick -Brick and Hardie Board) Class IV — Smooth concrete block, smooth scored concrete block, smooth concrete tip up panels, ceramic, wood The ordinance, adopted in 2006, specifies that exterior surface materials of newly constructed building in the CSC zoning district shall provide "at least two Class I materials, and the building must be finished with at least 65 percent Class I materials, not more than 35 percent Class II or Class III materials, and not more than ten percent Class IV materials." BACKGROUND /HISTORY The Kohl's building was constructed in 1994. The property is zoned Community Shopping Center. The property is located within the Central Commons Special Area, as identified in the City's Comprehensive Guide Plan. Within the Special Area, this parcel is designated for Retail Commercial land uses. 0 Planning Report — 1350 Town Centre Drive (Kohl's) October 15, 2013 Page 3 EXISTING CONDITIONS The property contains a 104,000 s.£ Kohl's retail store and associated surface parking. The building is situated at the east end of the site, with parking to the west. Access to the site is provided via Town Centre Drive, and is shared with adjacent buildings, Wal -Mart and Town Centre. EVALUATION OF REQUEST Proposal — According to the submitted narrative, Kohl's is proposing a "minor exterior fagade remodel." The scope of work is limited to the front elevation, and focused on the building entrances to include replacement of "glass pull doors with new glass auto - sliding doors, new painted prefabricated EIFS panels over existing storefront, new white aluminum column wraps over existing steel columns, new tube steel `eyebrow' painted white to match existing, and new aluminum storefront with white metal infill panels above existing storefront." No changes to the building footprint or parking areas are proposed. Variance Criteria — The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a practical difficulty. Evaluation — The applicant has provided existing (top image) and proposed (bottom image) building elevations of the front fagade of the building. As proposed, Class I materials are reduced from 68% to 57 % (65% minimum required), and Class II and III materials would increase from 32% to 43% (35% maximum allowed). These proposed ratios are not consistent with the Zoning Ordinance and the currently conforming building finish would become nonconforming. While the zoning ordinance specifies that the materials standards apply to "newly constructed buildings," it has been the City's policy for remodeling of existing buildings that existing conforming buildings remain in compliance and for nonconforming buildings, that the new finish materials move toward greater compliance with the materials standards. The finish materials ordinance is intended to provide for the use of appropriate, durable, non- degradable, and low maintenance materials. The purpose is to provide buildings that are attractive in appearance, durable and compatible with adjacent structures and consistent with the city's standards for the district in which it is located. While the ordinance does not include specific standards for remodeling of existing buildings, the ordinance was anticipated to prompt upgrades of existing buildings as new buildings meeting the design standards of the ordinance were constructed. ta\ Planning Report — 1350 Town Centre Drive (Kohl's) October 15, 2013 Page 4 Thus, the proposed Variance appears is contrary to the Zoning Ordinance. The stated practical difficulty is that complying with the ordinance would require the applicant to deviate from its brand image design. Staff does not take issue with the applicant's narrative that the proposal is complimentary and attractive. However, staff asserts that a similarly attractive building appearance can be achieved utilizing materials that would maintain compliance with the City's Zoning Ordinance. In this way, the circumstances upon which the Variance is based appear to be the result of the actions of the applicant. APPLICANT'S PRACTICAL DIFFICULTIES The applicant states that the proposed facade changes are intended to incorporate the brand image that Kohl's is using for their remodel prograin, which would be consistent with the remodeling done at over 100 other Kohl's locations. The applicant believes the facade modifications are an upgrade and are complimentary with the existing building. SUMMARY /CONCLUSION In summary, Kohl's is proposing to remodel the front building facade consistent with the brand image utilized at other Kohl's buildings. As a result, the proportion of Class I materials would be reduced from 68% to 57% (65 % minimum required) and Class II and III materials would increase from 32% to 43% (35 % maximum allowed). While the requested remodel will provide an attractive finish, the finish materials, as proposed, will result in a nonconforining building exterior. As such, the Variance appears to be contrary to the Zoning Ordinance, and the circumstances appear to be the result of the actions of the applicant. ACTION TO BE CONSIDERED To approve a Variance to the exterior finish materials standards for a commercial building facade remodel for the Kohl's store located at 1350 Town Centre Drive. If approved, the following conditions should apply: If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. A building permit is required prior to commencing construction. 3. Sign permits are required for installation of any signs. ka(?- Location Map Project Name: Kohl's Request: Variance Case No: 15- VA- 09 -09 -13 City of 6a�an tia-�> I Feet D 250 500 1,000 Legend ® PARCELS 08 -2013 selection Buildings selection 3 PARCELS 08 -2013 Buildings Parks N AIM L® City Boundary Current Zoning and Land Use Map City of Ea�a� Application: Kohl's Type: Variance Case No.: 15- VA- 09 -09 -13 Zoning CSC Community Shopping Center Land Use Plan SA /RC Special Area/ Retail Commercial Z\ N 0 300 600 1,200 Feet CSC PD Lj GB PD p / ............................................. ............................... PD ; .........................� i . ............ c.. c ........ ............................... f .... . .......... _ .......................... 1 ...................... ....... CSC > y ............ a, / / 9 Subject Site w o . ............................... i h% = CSC ......... " .f ............................. ._ PD PD .......... ............. :::�; :::::1.,k_'�, FAD....... ' . A 7 $'07 U OOM4 ell tu I D- l(O (Af .0 > awa 0 > 0 6u) z C( D 4 cl� w 110 0 0 U) 14 u z Q 4 4 u w W n c� p W r 9 n Ewa 9 t FF gu i} �64 Z ii �R� Po Sf n Ro l4 W n (n z X3.1 O } Fs YO la 13 >C A is 5 i-t o °u k n$ w 3u Fuu o o q Fl R q >n -Ig is 9 T F1 F h Wi 5� aP' 8u r Gs N w sm- H, -, o uZ S' u 55 rnt3 'dF; d o d W� SXt 9 4 z � K � C, 0 o�g 6a o. Q U N Y n J ] z S n z r' n N n Y � 7 z�a ]�.wo a Luia ;i¢a�rc t�a�a zm� n0 o uj °O 2 „l 6 u c(z7 Qa ui o U) Q L) VIA: Email Architecture -4 Engineering October 3, 2013 Pamela Dudziak, Planner City Hall 3830 Pilot Knob Road Eagan, MN 55122 RE: Kohl's Remodel #10079 Eagan, MN Dear Pamela, Kohl's is proposing a "minor exterior fagade refresh" at the existing and operating Kohl's store located at 1350 Town Centre Drive. We are planning on submitting the exterior drawings for this project to the City for permit shortly after Planning approval is confirmed in order to coordinate with the interior construction start date early next year. The exterior scope of work is limited to the front elevation specifically at the existing entrance /exit ways. The scope at the entries will include replacement of select glass pull doors with new glass auto - sliding doors, new painted prefabricated EIFS panels over existing structure, new white aluminum column wraps over existing steel columns, new tube steel "eyebrow" painted white to match existing, and new aluminum storefront with white metal infill panels above existing storefront. No modifications to the existing building core footprint, structure, signage, sidewalks, parking or landscaping are proposed as part of the scope of work. The enclosed proposed elevation is being submitted to you for your review and approval of a variance to the Eagan City Code Sec. 11.70, Subd. 21 -B. The proposed elevation will be reducing the amount of existing Class 1 materials from 68% down to 57% and increasing the existing Class 2 and 3 materials from 32% to 43 %. This increase in Class 2 and 3 materials is necessary to incorporate the brand image that Kohl's is using for their remodel program. They have currently remodeled over 100 locations with this brand image and would like to continue to do so at this location. We hope you will find the proposed fagade upgrades to be complimentary with the existing building. Should you have any questions or comments please contact me at (314) 821 -1100 or via email, kohlsOcascocorp.com. Sincerely, CAS _; .�� Frank Evans Project Manager Cc: CEW (w /encl) RECEIVED OCT -0-. File 613460 e� ZU13 L: \Kohls \Projects \2014 Remodels \Eagan MN 613460 \WP \130923 Plan ning \Narrative Letter- 131003,doc ,A CO DIVERSIFIED CORPORKrION 10877 Watson Road I...os Ango les, CAA Portland. OR St, Louis, MO 63127 Branson, MO Edison. NJ (P) 314,821 . 1100 b�� AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER OCTOBER 15, 2013 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. APPROVE Amendment to Purchase Agreement between the EDA and The Flats at Cedar Grove LLC regarding the Purchase Closing Date D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURN l ���1 Agenda Information Memo Eagan Economic Development Authority Meeting October 15, 2013 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ( "EDA ") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED; To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENT AGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. 1. APPROVAL OF MINUTES — The minutes of the September 3, 2013 EDA meeting are enclosed on page__. 2. APPROVE AMENDMENT TO PURCHASE AGREEMENT BETWEEN THE EDA AND THE FLATS AT CEDAR GROVE LLC REGARDING THE PURCHASE CLOSING DATE — At its meeting or July 16, 2013, the EDA Board ratified the Findings of Fact to approve the purchase agreement for the sale of property at the east end of the Cedar Grove Redevelopment Core Area to The Flats at Cedar Grove LLC to permit the development of an apartment- retail project at that site. Since that time, the buyer has proceeded with the preparation of construction plans and anticipates a ground breaking in November or December and has asked that the date of closing be postponed until sometime closer to that time. Staff has reviewed the request and finds no issues raised by the request. The City Attorney has prepared the amendment on pages through aj . Action in this regard would approve the agreement and authorize the EDA officers to execute the agreement. 6 �� MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota September 3, 2013 A meeting of the Eagan Economic Development Authority was held on Tuesday, September 3, 2013 at the Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commissioner Fields, Commissioner Hansen and Commissioner Tilley. Also present were Executive Director Osberg, Community Development Director Hohenstein and City Attorney Dougherty. CALL TO ORDER President Maguire called the Economic Development Authority meeting to order. Community Development Director Hohenstein noted on the Consent Agenda the addition of Item 3 — Notice of Termination of Cedarvale Lanes Parking License Agreement. ADOPT AGENDA Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the agenda as amended. Aye :5 Nay:0 CONSENT AGENDA Commissioner Tilley moved, Commissioner Hansen seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It is recommended to approve the minutes of August 20, 2013 - EDA meeting as presented. 2. It is recommended to approve an amendment to Purchase Agreement between the EDA and Jensen and Jensen LLC regarding the Purchase Closing Date. 3. It is recommended to authorize the Notice of Termination of a parking license for Cedarvale Lanes to use EDA owned property. There was no Old Business. There was no New Business. There was no Other Business. OLD BUSINESS NEW BUSINESS OTHER BUSINESS ADJOURNMENT Commissioner Tilley moved, Commissioner Hansen seconded a motion to adjourn the meeting. Aye: 5 Nay: 0 Date G51 David M. Osberg, Executive Director FIRST AMENDMENT TO SALE AND PURCHASE AGREEMENT THIS FIRST AMENDMENT TO SALE AND PURCHASE AGREEMENT ( "Amendment ") is made as of , 2013 by and between the Eagan Economic Development Authority, a public body corporate and politic and a political subdivision of the State of Minnesota (the "Seller ") and The Flats at Cedar Grove, LLC, a Minnesota limited liability company (the "Buyer"), The Seller and the Buyer are referred to herein collectively as the "Parties." WHEREAS, the Parties entered into that certain Sale and Purchase Agreement dated August 5, 2013 (hereinafter the "Agreement "); and WHEREAS, the Parties desire to amend the Agreement to provide for an extension of the closing date. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Paragraph 7(a) is hereby amended to read as follows: Closing Date. The closing of the purchase and sale contemplated by this Agreement (the "Closing ") shall occur on or before December 31, 2013 (the "Closing Date "). The Closing shall take place at 10 :00 a.m, local time at the office of Title Company, or such other location as determined by the Buyer. 2. Except as modified above, all other terms of the Agreement remain in full force and effect. Seller and Buyer have executed this Amendment as of the date set forth above. [Signature page follows] M BUYER: The Flats at Cedar Grove, LLC, a. Minnesota limited liability any By: Jeffrey, efer Its: Chief Manager SELLER: Eagan Economic Development Authority By: Mike Maguire Its: President By: ___ David M. Osberg Its: Executive Director P'T Agenda Information Memo Eagan Economic Development Authority Meeting October 15, 2013 F. OTHER BUSINESS There are no other items at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED; To adjourn the EDA Meeting. i3y