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03/18/2008 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING March 18, 2008 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE P, II. ADOPT AGENDA (At approximately 8: 00 p. m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA P,aA. APPROVE MINUTES P,9 B. PERSONNEL ITEMS P ID C. APPROVE Hiring Freeze for 2008 with Certain Exceptions iP11 D. APPROVE Check Registers P L E. SCHEDULE Special City Council Meeting for Tuesday, April 29, 2008 9.13 F. APPROVE Resolution for Participation in County Wide Greening Initiative 9j4 G. APPROVE Temporary On-Sale Liquor License for the Twin Cities Good Time Softball League P19 H. APPROVE Temporary On-Sale Liquor License and Waive License Fee for the Eagan Foundation for a Wine Tasting Event on April 17, 2008 I. APPROVE the 2008 Use Agreement for Blue Cross Blue Shield fields and Authorize the Mayor and City Clerk to Execute the Agreement. f SJ. APPROVE Best Value Contracting Solicitation, (Citywide Street Improvements) P.aL,K. APPROVE Work Order Number 45, Contract 06-01, TH 149 Reconstruction Q.j( L. APPROVE Final Plat for Sjolseth Family Investment Addition t9.,3) M. APPROVE Agreement with St. Croix Harley Davidson to Lease Two Motorcycles for the Police Department p N. APPROVE Tree Contractor License for Oleson Tree V. PUBLIC HEARINGS 'P 3g A. VARIANCE - 1420 Oster Drive - A Variance for construction of an addition and to allow an existing shed within the 30 foot setback requirements. VI. OLD BUSINESS VII. NEW BUSINESS l .rL A. CONDITIONAL USE PERMIT - Englert Road - A Conditional Use Permit to exceed the 25% impervious surface located at 1470 Englert Road in the SE 1/4 of Section 16. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY h A. Call to Order P bg B. Adopt Agenda C. Consent Agenda 70 1. Approve minutes of the March 3, 2008 EDA meeting D. Old Business 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Approve Sale of City Property at Cedar Grove Parkway and Gold Trail to Dakota County CDA for Youth Supportive Housing. E. New Business 1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT - Refer Northeast Eagan Redevelopment District TIF Review to City Council Finance Committee F. Other Business G. Adjourn X. ADMINISTRATIVE AGENDA / COUNCIL COMMENTS XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIII. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. City of Eaaau In TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 14, 2008 SUBJECT: AGENDA INFORMATION FOR MARCH 18, 2008 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the March 18, 2008 City Council agenda, the following items are in order for consideration. I Agenda Information Memo March 18, 2008 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the March 3, 2008 regular City Council meeting and the minutes of the March 4, 2008 City Council Retreat as presented or modified. ATTACHMENTS: • Minutes of the March 3, 2008 regular City Council meeting are enclosed on pages3 through L • Minutes of the March 4, 2008 City Council Retreat are enclosed on pages through Ck MINUTES OF A REGULAR MEETING OF THE A EAGAN CITY COUNCIL F T Eagan, Minnesota March 3, 2008 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Councilmembers Fields, Carlson, Tilley and Bakken. Mayor Maguire was absent. Councilmember Carlson served as Acting Mayor. Mike Wold and Brenda Rivera discussed a program to support returning military personnel from Iraq and Afghanistan and asked for City involvement. It was noted that staff has been involved in preparations for assistance to returning military personnel and their families. A regular meeting of the Eagan City Council was held on Monday, March 3, 2008 at 6:30 p.m. at the Eagan Municipal Center. Present were Councilmembers Carlson, Fields, Bakken and Tilley. Mayor Maguire was absent. Councilmember Carlson served as Acting Mayor. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that a Closed Session would be held following the regular meeting to discuss mediation in regard to Carriage Hills, and possible land acquisition in Cedar Grove. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. CONSENT AGENDA City Administrator Hedges noted that in regard to item S, approval of the requested premise permit by the Burnsville Hockey Club would result in more than one permit for charitable gambling in the LaFonda de Los Lobos. Council members were in agreement to approve the premise permit for the Burnsville Hockey Club and directed staff to place the topic of numerous premise permits at one location on a future workshop agenda. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay: 0 A. Minutes. It was recommended to approve the minutes of the February 19, 2008 regular City Council meeting, and the February 23, 2008 Special City Council meeting as presented. B. Personnel Items. I. It was recommended to accept the resignation letter from Nicole Cook, Police Officer 2. It was recommended to ratify the Clerical Teamsters Bargaining Unit Contract for 2008, 2009 and 2010. 3. It was recommended to ratify the Maintenance Teamsters Bargaining Unit Contract for 2008, 2009 and 2010. 4. It was recommended to recognize William Boyd as the recently named Water Production Maintenance Worker. (Approval given at the February 4, 2008 City Council meeting. C. Check Registers. It was recommended to ratify the check registers dated February 22 and February 28, 2008 as presented. D. Resolution - Transit Provider. It was recommended to approve a resolution supporting the Minnesota 08-07 Valley Transit Authority as the preferred transit provider south of the Minnesota River. E. Contract. It was recommended to approve a contract for replacement of audio visual equipment at the Fire Administration Building. F. Consumption and Display Permit. It was recommended to approve the renewal of a Consumption and Display (Set Up) Permit application for Parkview Golf Course located at 1310 Cliff Road. G. Consumption and Display Permit. It was recommended to approve the renewal of a Consumption and Display (Set Up) Permit application for Sambol Restaurant located at 1260 Town Centre Drive. 3 Eagan City Council Meeting Minutes March 3, 2008 Page 2 F r H. On-Sale Liquor and Sunday License. It was recommended to approve the on-sale liquor and Sunday license (f for Bonfire Restaurant Company, LLC dba Axel's Bonfire, 1555 Cliff Road. 1. Final Plat. It was recommended to approve a Final Plat (CCBC Addition) to consolidate three lots into one lot on approximately 47.43 acres located at 2750 Eagandale Boulevard and 2737 West Service Road, int eh NE 1/4 of Section 3. J. Final Plat. It was recommended to approve a Final Plat (Atlas 2nd Addition) to create one lot on approximately 11.44 acres located in the S '/2 of Section 2. K. Final Subdivision. It was recommended to create two single-family lots upon 2.38 acres located at 543 Red Pine Lane in the NE 1/4 of Section 36. L. Easement Vacation, Final Subdivision, Final Planned Development. It was recommended to approve a vacation of easements within the Waters Annex subdivision (Lot 1, Block 1, and Outlots A, B and C) in the SW '/4 of Section 1; a Final Subdivision, Waters Annex2nd Addition, to create three lots and one outlot upon approximately 42.5 acres located east of Lone Oak Drive and Lone Oak Parkway in the SW '/4 of Section 1; a final planned development for Lot 2, Block 1, Waters Annex, located east of Lone Oak Drive and Lone Oak Parkway, in the SW '/4 of Section 1; and a final planned development for Lot 3, Block 1, Waters Annex, located east of Lone Oak Drive and Lone Oak Parkway, in the SW '/4 of Section 1. M. Abandonment and Termination of CUP. It was recommended to adopt the Findings of Fact and Resolution 08-08 declaring abandonment and termination of the Conditional Use Permit for Outdoor storage of landscaping materials and concrete bins on Lot 9, Block 1, Letendre Addition No. 3. N. Contract 08-02. It was recommended to authorize the preparation of plans and specifications by Bolton & Menk, Inc. for Contract 08-02 (Lone Oak Lift Station - Sanitary Sewer). 0. Contract 08-03. It was recommended to approve the plans and specifications for Contract 08-03 (Citywide Street Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Tuesday, April 8, 2008. P. Contract 08-07. It was recommended to authorize the preparation of plans and specifications by SEH, Inc. for Contract 08-07 (Lexington and Safari Water Reservoirs - Repainting). Q. Easement Vacation. It was recommended to approve the vacation of public drainage and utility easements on Lots 2 and 3, Block 1, Oak Hills Church 2"d Addition. R. Tree Maintenance Contractor. It was recommended to approve a Tree Maintenance Contractor License for Precision Landscape and Tree, Inc. S. Premise Permit. It was recommended to approve a Premise Permit for the Burnsville Hockey Club to 08-10 conduct a charitable gambling operation at LaFonda de Los Lobos, 3665 Sibley Memorial Highway. PUBLIC HEARINGS PROJECT 967, WESCOTT ROAD STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding street improvements for Wescott Road. Assistant City Engineer Gorder gave a staff report. Acting Mayor Carlson opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve Project 967, Wescott Road Street Improvements). Aye: 4 Nay: 0 OLD BUSINESS VARIANCE - DAVID MARSH (1374 BERRY RIDGE ROAD) City Administrator Hedges introduced this item regarding a request for a variance of 7.3 feet to the required 30-foot front yard setback to construct an addition to the existing single-family home at 1374 Berry Ridge Road. City Planner Ridley explained that in January the Council approved a front yard setback variance of 5 feet to allow construction of an addition to the house. When a new survey was prepared the actual setback of the proposed addition is 22.7 feet rather than the anticipated 25 feet which results in a variance of 7.3 feet rather than the five feet that was approved in January. Eagan City Council Meeting Minutes March 3, 2008 Page 3 Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Variance of 7.3 feet to the required 30-foot front yard setback to construct an addition to the existing single-family home at 1374 Berry Ridge Road in the SW '/4 of Section 22 subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The addition shall comply with all other applicable Zoning Ordinance provisions. 3. A building permit must be obtained prior to construction. 4. The exterior materials of the proposed addition shall match the existing structure. NEW BUSINESS CONDITIONAL USE PERMIT - CHASE REAL ESTATE HOLDINGS LLC City Administrator Hedges introduced this item regarding a conditional use permit for outside storage of semi- trailers and business materials on property located at 2725 Highway 55. City Planner Ridley gave a staff report. David Chase, applicant, requested the company be allowed to continue leasing space for trailer storage as they have in the past 20 years. Councilmembers held a discussion and agreed to modify condition number four in regard to leasing space for outdoor storage. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit for outside storage of semi trailers and business materials on property located at 2725 Highway 55 subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The storage area shall be maintained in an orderly fashion. 3. The outdoor storage shall be limited to he storage of the items, quantities and locations set forth on the Site Plan received January 16, 2008 and the narrative received January 30, 2008. 4. Outdoor storage shall be limited to items that are affiliated to the business conducted by the owner and/or lawful tenants that occupy at least 1% of the principal building. 5. The applicant shall provide details to City staff to screen the outdoor storage areas from public right-of- way. 6. The applicant shall provide adequate screening from the public right-of-ways with a 100% opaque fence or landscape screening no later than September 30, 2008. 7. The applicant shall provide a Landscape Plan for the yards adjacent to Highway 55 and Lexington Avenue per current City Code requirements and the landscaping shall be installed no later than September 30, 2008. 8. The rooftop mechanical equipment must meet screening requirements per City Code no later than September 30, 2008. 9. The applicant shall enclose the trash and recycling containers in an enclosure that meets City Code requirements no later than September 30, 2008. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE RESOLUTION FOR PARTICIPATION IN COUNTY WIDE GREENING INITIATIVE City Administrator Hedges discussed the proposed resolution that supports the joining together of Dakota County cities with the County to host the High Performance Partnership Sustainability Summit: Going Green Together. Councilmember Bakken moved, Councilmember Tilley seconded a motion to continue consideration of a resolution that approves the City of Eagan's participation in the County-wide Greening Initiative. Aye: 5 Nay: 0 5 Eagan City Council Meeting Minutes March 3, 2008 Page 4 SFr The regular Council meeting recessed at 7:00 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meting reconvened at 7:10 p.m. ADMINISTRATIVE AGENDA There were no items for discussion. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Fields moved, Councilmember Bakken seconded a motion to adjourn the regular meeting at 7:10 p.m. Administrative Secretary / Deputy City Clerk Date If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. DRAFT MINUTES SPECIAL CITY COUNCIL RETREAT TUESDAY, MARCH 4, 2008 5:30 P.M. MOONSHINE PARK RETREAT CENTER City Council members present: Mayor Maguire, Councilmembers Carlson, Fields, Tilley and Bakken. City staff present: City Administrator Hedges and Assistant to the City Administrator Miller 1. ROLL CALL AND AGENDA ADOPTION Mayor Maguire called the meeting to order. Councilmember Tilley requested a discussion be added under Other Business regarding the reimbursement of expenses for City business. Councilmember Bakken requested a discussion under Other Business regarding the Beyond the Yellow Ribbon Campaign. City Administrator Hedges asked that the Council discuss an April workshop date under Other Business. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 II. GOALS UPDATE (2007-2008) City Administrator Hedges summarized the status of the 2007-2008 City Goals. The City Council reviewed and discussed their 2007-2008 City Goals. IV. OTHER BUSINESS The City Council discussed the criteria and statutory authority for reimbursing expenses associated with City obligations of Councilmember. City Administrator Hedges noted that City Attorney has stated there is no statutory authority for the City to reimburse lost wages of a Councilmember when he/she is acting on City business. The City Council discussed the Beyond the Yellow Ribbon Campaign, and directed that staff contact Eagan resident Mike Wold to invite him to contact the National Guard about hosting a Beyond the Yellow Ribbon function at Eagan City hall at no cost. The Council discussed their April meeting dates, and directed that an item be added to the March 18 Council agenda to schedule a City Council workshop on Tuesday, April 29, 2008. 7 Special City Council Retreat minutes DRAFT March 4, 2008 Page 2 V. VISITORS TO BE HEARD There were no visitors to be heard. VI. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn. Aye: 5, Nay: 0 Agenda Information Memo March 18, 2008 Eagan City Council Meeting B. PERSONNEL ITEMS There are no items to be considered under Personnel Items at this time. I Agenda Information Memo March 18, 2008 City Council Meeting C. APPROVE HIRING FREEZE FOR 2008 WITH CERTAIN EXCEPTIONS ACTION TO BE CONSIDERED: To approve a hiring freeze for 2008 with certain exceptions. FACTS: • Per the direction of the City Council at the March 4, 2008 Council retreat, a hiring freeze is proposed to commence March 18, 2008 and be in place until such time as the City Council lifts the freeze. • Per the direction of the City Council on March 4, 2008, the hiring freeze proposed does not apply to the hiring of seasonal and temporary employees hired to support summer programs and initiatives. • Also per the direction of the Council at the March 4, 2008 retreat, it is proposed that critical replacement of personnel will be considered during the hiring freeze. • The hiring freeze can be further discussed and/or reviewed as preparations are made for the 2009 City budget. )D Agenda Information Memo March 18, 2008 Eagan City Council Meeting D. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated February 28, 2008 and March 6, 2008 as presented. ATTACHMENTS: • Check registers dated February 28, 2008 and March 6, 2008 are enclosed without page number. 1) Agenda Information Memo March 18, 2008 City Council Meeting E. SCHEDULE SPECIAL CITY COUNCIL MEETING FOR TUESDAY, APRIL 29, 2008 ACTION TO BE CONSIDERED: To schedule a Special City Council meeting on Tuesday, April 29, 2008 at 5:30 p.m. at Eagan City Hall. FACTS: • Per the direction of the City Council at the March 4, 2008 Council retreat, a Special City Council meeting is proposed to be scheduled for the fifth Tuesday of April-April 29, 2008. Agenda Information Memo March 18, 2008 City Council Meeting F. APPROVE Resolution for Participation in County Wide Greening Initiative ACTION TO BE CONSIDERED: To approve a resolution that approves the City of Eagan's participation in the County-wide Greening Initiative. FACTS: • On January 30, 2008, Dakota County cities joined together with the County to host the High Performance Partnership (HiPP) Sustainability Summit: Going Green Together. • As an outcome of the summit, each community is asked to approve the enclosed resolution to demonstrate their support of the HiPP's Greening initiative. • Committee workgroup meetings will kick off on March 26 to discuss community- oriented programs, development standards, government operations, and infrastructure. • It is the hope of the HiPP participants that the greening efforts will be an opportunity for the cities and county to work together in a unified approach to sustainability with consistent inputs and outputs, while also determining which areas cities are best equipped to address on their own. • Per the direction of the City Council at the March 4, 2008 Council Retreat, the resolution has been modified to remove the commitment that the City will join the International Council for Local Environmental Initiatives (ICLEI) program. Further discussion will be held with the HiPP group as to recommendations on joining ICLEI. ATTACHMENTS: • Enclosed on pages through is the proposed resolution that approves the City's participation in the County-wide Greening Initiative. 13 Resolution Approval of Participation in County-Wide Greening Initiative WHEREAS, Dakota County and its cities have been leaders in the development of collaborative efforts to increase efficiency, effectiveness, and responsiveness in providing safe and healthy communities; and WHEREAS, in 2004 a joint City-County Steering Committee was created to identify and implement intergovernmental collaboration through High Performance Partnerships (HiPP) actions and projects; and WHEREAS, Dakota County and its cities continue to recognize that opportunities for greater intergovernmental collaboration exist and deserve consideration; and WHEREAS, there is a consensus among the world's leading scientists that global warming caused by greenhouse gas emissions is among the most significant problems facing the world today; and WHEREAS, it is apparent that increasing greenhouse gases (GHGs) are changing the climate in ways that pose serious risks to Dakota County's health, economy, and environment; and WHEREAS, local governments have a unique role to play in reducing greenhouse gas emissions and preparing for the impacts of climate change through their local jurisdiction over policy areas such as air quality, land use planning, transportation, zoning, forest preservation, water conservation, and wastewater and solid waste management; and WHEREAS, many public entities in Dakota County are already implementing actions to reduce greenhouse gases; and WHEREAS, it is the HiPP Steering Committee's goal for Dakota County and its cities to reduce greenhouse gas emissions through collaborative efforts, creating communities in Dakota County where people can live, work, and recreate for generations to come; and WHEREAS, the economic arguments for implementing a countywide initiative are compelling, from the near-term economic gains of energy efficiency to the long-term climate stabilization that can prevent irreparable harm; and WHEREAS, in 2007 the HiPP Steering Committee recommended that the County and the cities participate in a countywide Greening Initiative to reduce greenhouse gas emissions; and WHEREAS, the Greening Initiative will prepare a framework for applying local and global initiatives as a collaborative project to improve the quality of life for all in Dakota County. NOW, THEREFORE, BE IT RESOLVED, that the City of Eagan, in collaboration through the HiPP, will participate in the Greening Initiative; and BE IT FURTHER RESOLVED, that the following commitments will be made through the HiPP Greening Initiative: L Adopt Greening Initiative policy in local comprehensive plans ii. Sign the U.S. Mayor's Climate Protection Agreement iii. Participate in creating a countywide greenhouse gas inventory iv. Establish greenhouse gas reduction targets v. Develop and implement a countywide action plan to reduce greenhouse gases vi. Develop and implement a City-specific action plan to reduce greenhouse gases vii. Provide leadership through public education, open dialogue, and partnerships '4 HiPP Greening Resolution March 18, 2008 Page 2 ADOPTED by the Council this 181h Day of March, 2008. Mike Maguire, Mayor ATTEST: Maria Petersen, City Clerk lS" Agenda Information Memo March 18, 2008, Eagan City Council Meeting G. APPROVE TEMPORARY ON-SALE LIQUOR LICENSE FOR THE TWIN CITIES GOOD TIME SOFTBALL LEAGUE ACTION TO BE CONSIDERED: To approve a temporary on-sale liquor license for the Twin Cities Good Time Softball League. FACTS: ? The Twin Cities Good Time Softball League, a non-profit organization based in Minneapolis, has applied for a temporary on-sale liquor license to allow the sale of strong beer at their softball tournament, the North Star Classic, scheduled for May 24 and 25, 2008 at the Northview Athletic Fields. ? The North Star Classic tournament has been held in the City of Eagan since 2004. For the past four years, the organization was granted a temporary liquor license by the City to allow alcohol sales at this event. ? The organization has met the requirements for a temporary on-sale liquor license and has submitted the required documentation. The application has been reviewed by staff and the Police Department and has been deemed in order for approval. ? Following Council approval, the application will be forwarded to the Department of Public Safety/Liquor Control Division for their approval. ATTACHMENTS (2): Information required of temporary liquor licensees enclosed on pages t-1 through I JLQ February 28, 2008 Maria Petersen City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Temporary Liquor License Maria, Enclosed are the application for a temporary on-sale liquor license and attachments of additional information. The tournament will be held over Memorial Weekend, Saturday, May 24 and Sunday, May 25, 2008 at the Northview Athletic Fields. I am submitting the application for the City Council meeting to be held on Tuesday, March 18, 2008. Please verify with me that our application will be on the agenda and the time of the meeting as representative from the North Star Classic committee will be attending. Please let me know if you have any additional questions. Sincerely, Joel D. Cates, NSC Concessions Coordinator (H) 651-770-6343 (C) 651-470-6038 (W) 651-415-0221 Enclosures: Application ' Check for $150.00 Certificate of Insurance for Liquor Liability Coverage Additional Information regarding bar/concessions Signage . Bar/Concession Security Map - 17 2008 Northstar Classic May 24 - 25, 2008 Additional information regarding bar/concessions operations at Northview Athletic Complex. Security Precautions • Security Personnel will be provided by the tournament staff consisting of individual who work security in the bar industry. All security personnel have completed Alcohol Beverage Service Training. Security will be checking identification and attaching wristbands to those of legal drinking age. • Wrist bands will be provided by College City Beverage, Inc. of Northfield, MN. • Signs will be posted at the entrance to the concessions area and the serving booth regarding Minnesota Statute(s) on alcohol sales and consumption. Please see attached example. Insurance Information • General Liability Insurance will be provided by Bollinger Insurance of Short Hills, New Jersey • Liquor Liability Insurance will be provided by Minnesota Joint Underwriting Association of Saint Paul, MN. • Please see the attached Liquor Liability Insurance Certificate. Sales Area • Bar/concessions will be contained within the main complex by existing fencing and temporary fencing. • Area will be located on the West side of the complex, see attached photographs. • A bar/concessions manager will be provided by one of our sponsor bars staff. Hours of Operation • The North Star Classic Tournament is a two-day tournament, Saturday, May 24 and Sunday, May 25, 2008. The hours for beer sales are 12:00 PM (Noon) to 5:00 PM both Saturday and Sunday. All beer must be consumed by the 5:30 PM closing of the beer and concessions area. Agenda Information Memo March 18, 2008, Eagan City Council Meeting H. APPROVE TEMPORARY ON-SALE LIQUOR LICENSE AND WAIVE LICENSE FEE FOR THE EAGAN FOUNDATION FOR A WINE TASTING EVENT ON APRIL 17, 2008 ACTION TO BE CONSIDERED: To approve the temporary on-sale liquor license and waive the license fee for the Eagan Foundation for a wine tasting event on April 17, 2008. FACTS: ? The Eagan Foundation has requested a temporary on-sale liquor license be issued to them for a wine tasting event planned for April 17, 2008 at the Eagan Community Center. The 7th annual charitable event is being held to raise funds for the various projects of the Eagan Foundation. ? The Eagan Foundation has requested that the $150.00 license fee be waived. ? The application form has been submitted and deemed in order by staff. Following Council approval, the application will be forwarded to the Department of Public Safety/Liquor Control Division for their approval. ATTACHMENTS (2): ? Letter and temporary license procedures enclosed on pages p n through 2. 1 g a BRINGING NEIGHBORS TOGETHER February 21, 2008 Mayor Mike Maguire Thomas Hedges, City Administrator Eagan City Council Members City of Eagan 3830 Pilot Knob Road 3830 Pilot Knob Road Eagan, MN 55122 Eagan, MN 55122 Re: Eagan Foundation 7th Annual Wine Tasting and Silent Auction Dear Mayor Maguire, Eagan City Council Members, and Mr. Hedges and City Staff: The Eagan Foundation again wants to thank the City of Eagan for its ongoing partnership with the Foundation in our efforts to make Eagan the best and most involved community in Minnesota. We are now planning our 7th annual Wine Tasting and Silent Auction to be held on Thursday, April 17, 2008 at the beautiful Eagan Community Center. This event is our primary fundraiser for the year and we expect in excess of 350 attendees at what has come to be a community signature event. We ask today that the Council waive, as it most graciously did in 2005, 2006, and 2007 the fee for the Temporary On-Sale Liquor License for that event. We have enclosed our application for the license, along with supporting paperwork. We will be forwarding more information to Council and staff about the Wine Event as the day draws near, but for now, please save the date - April 17, 2006. Please contact us at 651-895-2203 if you have any questions or concerns. Thank you for your consideration. Sincerely, Barry Min er Eagan Foundation Board Chair The Eagan Foundation Incorporated • P. 0. Box 211192 • Eagan, MN 55121 ADDENDUM TO APPLICATION FOR TEMPORARY LIQUOR LICENSE Of The Eagan Foundation, Inc. Site Plan. Please see attached. The lay-out is in general form and is not to scale. The exact placement and number of the tables may vary depending upon the number of vineyards represented, the number of silent auction items, and in order to allow for the efficient flow of people around the wine tasting tables, buffet and silent auction items. Narrative of Protective Measures and Methods. The area in which the wine tasting will occur will be in the Oaks Banquet Facility. Perrier Wines (1960 Cliff Lake Rd., Eagan, MN 55122) is donating all of the wine for sampling, and will have winery representatives at each table pouring the wines. The various wine representatives will be located only in the Oaks Banquet Room, and they will be providing small samples of wine to attendees. Green Mill is catering food for the event. The Oaks Banquet Room is self-contained; therefore no additional partitions are planned. All tickets sold for the event will be pre-sold, no walk-in purchases of tickets will be available. The tickets are only being sold by the Foundation Board members, Event Committee members and former Board members to known friends and associates, all of whom are adults over the age of 21, or are being provided to event sponsors. Tickets will also be available for the Eagan general public to adults over the age of 21 at locations where board members work and control the purchase. There will be a sign-in table at the entrance to the Oaks Banquet Room where each attendee will check-in. The persons manning the check-in table will verify tickets and the age of any unknown ticket holders. Upon check-in, each attendee will proceed to the Oaks Banquet Room and receive a small distinctive wine glass (the Eagan Foundation logo will be etched into the glass) for sampling the wines. The wine representatives will not serve a sample of wine to any person who does not have one of the small distinctive wine glasses. The crowd will be controlled by the limited number of tickets sold and the fact that no walk-in sales will be available. Because only a limited number of tickets are being sold, parking and crowd overflow is not anticipated. Thus, no additional security force is expected to be used. Because of the distinctiveness of the small wine glasses, no wrist bands are expected to be used. Signs pursuant to Minn. Stat. Sections 340A.502 and .503, subdivision 2 will be posted at each entrance to the Oaks Banquet Room. The Eagan Foundation has not had any security issues or concerns arise in the previous five wine tasting fundraising events, and it does not anticipate any at this year's event. The Board members of the Foundation will monitor the flow of traffic of attendees around the silent auction tables, as well as the entire event for any situation that becomes a safety or security concern. The on-site manager position will actually be handled by several people. Dave Perrier is responsible for the wine representatives at each table, and each wine representative will be responsible for their respective table, and the Board members and Event Committee members will be responsible for all other aspects of the event. Laurie Huusko, the Wine Tasting Event Committee Chair, and Barry Minsker, the Chair of the Eagan Foundation, will have overall responsibility. Agenda Memo March 18, 2008 City Council Meeting 1. APPROVE the 2008 Use Agreement for Blue Cross/Blue Shield fields ACTION TO BE CONSIDERED: Approve the 2008 Use Agreement with Blue Cross/Blue Shield (BCBS) that allows use of BCBS property for community soccer games and related activities and authorize the Mayor and City Clerk to sign the agreement. FACTS: • The City, EAA and BCBS have a long history of working together to provide field space for youth soccer games on the grounds of the BCBS main campus and River Office complex. • With the popularity of youth soccer, the spaces are critical elements of the overall field plan. • The City provides turf maintenance at the sites during the soccer season including, lining, mowing, fertilizing and seeding. Said costs are included in the Parks operational budget. • The City Attorney and Insurance Agent have reviewed and approved the 2008 document. • Both the City and EAA have provided certificates of insurance in prior years as requested in the agreement and are able to do the same for 2008. • EAA will also be signing the document. ATTACHMENTS (1): Copy of Use Agreement as page OR t9l r Land Use Agreement This Land Use Agreement (the "Agreement") is entered into by and between BCBSM, INC., dba Blue Cross and Blue Shield of Minnesota, a Minnesota nonprofit health service plan corporation (hereafter "Blue Cross"), the City of Eagan, Minnesota ("City") and the Eagan Athletic Association, a Minnesota non-profit corporation ("Association"), all collectively referred to as "the Parties". WHEREAS, City and Association desire limited temporary use rights for certain land owned by Blue Cross within the City of Eagan, Minnesota, on which the Association will sponsor soccer games, practices and related activities, and the City will set up, mow and otherwise maintain soccer fields for said purposes; and WHEREAS, Blue Cross wishes to support said activities of City and Association. The Parties agree to the following: 1. Blue Cross grants to City and Association temporary use rights, for the limited purpose of those activities listed above, to the land located at the north end of the Blue Cross property at 3535 Blue Cross Road, and also at the Southeast end of the Blue Cross property at 3400 Yankee Drive (together, "Property"). 2. To the fullest extent permitted by law, City and Association shall indemnify, defend and hold harmless Blue Cross, its subsidiaries and affiliates, its trustees, officers, and employees from and against all claims, demands, suits, actions, losses, damages, injuries, liabilities, expenses, judgments, liens, encumbrances, orders, fines, penalties and awards, including, without limitation, bodily injury to or death of any person or damage to real property and/or tangible or intangible personal property, reasonable attorneys fees, expert witness fees and court costs, (all of which are collectively referred to as "Claims") arising out of the maintenance or use of the Property. 3. City and Association each shall, at their own expense, maintain a policy of Commercial General Liability Insurance (including contractual liability to cover the indemnify provisions set forth in this Agreement) with limits of not less than $1,000,000 each occurrence and medical expense coverage of not less than $1,000 per person. This coverage shall contain a provision whereby the insurer agrees to provide Blue Cross thirty (30) days written notice before cancellation or alteration. This insurance coverage shall name Blue Cross as an additional named insured. Proof of such insurance shall be provided to Blue Cross prior to exercise of the use rights granted to City and/or Association. 4. Notwithstanding anything herein to the contrary, City's liability under this Agreement shall be subject to statutory and other limits on municipal liability under Minnesota law, and nothing in this Agreement shall be construed to alter or waive such limits. 5. The term of this Agreement shall be from April 1, 2008 through and including November 30, 2008. Page 1 of 2 a3 The Parties, through their respective authorized representatives, have read and fully understand the terms of this Agreement, and agree to be bound by it. City of Eagan City of Eagan By: By: Name: Name: Title: Title: Date: Date: Eagan Athletic Association BCBSM, INC.: By: By: Name: Name: Title: Title: Date: Date: N:\Land Use Agreement (Eagan soccer fields).doc Page 2 of 2 94 Agenda Information Memo March 18, 2008 Eagan City Council Meeting J. BEST VALUE CONTRACTING PROCUREMENT ACTION TO BE CONSIDERED: Adopt, as practice, the Best Value Contracting method for the procurement system of an annual maximum of 20% of the public improvement contracts for the City of Eagan. FACTS: • Recent Minnesota state law allows local agencies such as cities, counties, townships, school boards, and other project owners to choose a procurement system, termed Best- Value Contracting (BVC), for up to 20% of their annual construction projects, as an alternative to the standard low-bid contracting system. • The law was advocated by a coalition of labor organizations and requires two factors to be considered during the BVC procurement process: price and performance. • BVC uses the relationship between performance and price to achieve the best overall value and lowest long-term cost for government construction projects. • The BVC method offers a better opportunity to attain quality workmanship at the lowest competitive price than the Bidder Qualification method the City has been using on public improvement contracts for the past three years. The Bidder Qualification method is only supported by an Appeals Court ruling, not state statute like the BVC. • If adopted by the City Council, this criterion would be used to evaluate bids and contractor performance for the 2008 City-wide Street Overlays, Contracts 08-03 and 08- 04. The BVC procurement would be advertised in the solicitation of these bids and all bids would be evaluated in an open and competitive manner. Agenda Information Memo March 18, 2008 Eagan City Council Meeting K. CONTRACT 06-01, TH 149 RECONSTRUCTION & UPGRADE (TH 55 - ALBANO TRAIL) ACTION TO BE CONSIDERED: Approve Work Order Number 45 for Contract 06- 01, TH 149 Reconstruction. FACTS: • The City of Eagan is the lead agency in partnership with the Minnesota Department of Transportation (MnDOT) for Contract 06-01 that provided for the upgrade of a 2.7 mile segment of Trunk Highway (TH) 149, beginning north of TH 55 and terminating in Inver Grove Heights at Albano Trail (south of Rich Valley Blvd/Co. Rd. 71). The upgrading of TH 149 to a 4-lane divided roadway included a new traffic signal at the intersection of Wescott Road, and dedicated safety turn lanes at various street intersections. A trail was also constructed along the east side between TH 55 and Wescott Road. • Work Order No. 45 provides for the installation of a remote pedestrian push button station at the Opperman Drive/TH 149 traffic signal in compliance with ADA guidelines. The Major Street Fund will finance the increased cost associated with this revision. (ADD $ 3,634.11) • This Work Order has been reviewed by the Engineering Division and the associated costs have been determined to be consistent with bid prices received for relevant bid items on other similar projects within the metropolitan area. • The Work Order has been found to be in order for favorable Council action. Agenda Information Memo March 18, 2008 City Council L. FINAL PLAT - SJOLSETH FAMILY INVESTMENTS ADDITION ACTION TO BE CONSIDERED: To approve a Final Plat (Sjolseth Family Investments Addition) to consolidate two lots into one lot on approximately 1.02 acres located 3425 Washington Drive on Lots 1 & 2, Block 3, Bicentennial 3"d Addition located in the NE '/a of Section 16. REQUIRED VOTES FOR APPROVAL: Majority of Councilmembers present FACTS: ? Superior Collision and Paint Inc. received approved of a Planned Development Amendment on October 3, 2006, to allow the expansion of the existing auto service facility to include a collision center. A condition of approval required a replat of the property. ? The replat of the two lots equal approximately 1.02 acres. ATTACHMENTS (2): Aerial photo on page n~D Final Plat drawing on page a7 -AA OPEt ww: . 1 ' /,44 ~t A \ { ai 1 ` ~r % n F` t x sr f 491 - h ' a ' 611 9 r t _ 1 SJOLSETH FAMILY INVESTMENTS ADDITION Oasli~: ass d SsYS? 1a 1 XMn f10 d L' 0)000 t4 )00.0.0 Tl. 6010. 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VIII Rehder and Associates, Inc. Agenda Information Memo March 18, 2008 Eagan City Council Meeting M. Approve a Lease Agreement Between the City of Eagan and St. Croix Harley Davidson ACTION TO BE CONSIDERED: The action is to approve a lease agreement between the City of Eagan and St. Croix Harley Davidson. The approval of this lease will enable the police department to lease two 2008 motorcycles for one year. The dealership will lease both motorcycles to the city at a cost of $2. FACTS: • Since 2003 the Eagan Police Department has used motorcycles for traffic enforcement and other outreach programs to promote traffic safety throughout Eagan. • The prior lease agreement was reviewed by the Eagan City Attorney and suggested changes to the document were made at that time. There were no substantive changes to the 2008 document. • The motorcycles previously leased were returned to the dealership. By approving this new lease agreement, the police department will be able to use 2008 models. • The original start-up fees for the Traffic Enforcement Unit were paid by the Eagan Citizen's Crime Prevention Association in 2003. ATTACHMENTS A copy of the lease agreement is attached as pages _ through .Q; 2008 HARLEY-DAVIDSON FLHTPI LEASE THIS AGREEMENT is made and entered into this 18`h day of March, 2008 by and between St. Croix Harley-Davidson, Inc., a Wisconsin corporation (hereinafter the "Lessor") and the City of Eagan, a Minnesota municipal corporation (hereinafter the "Lessee"), for the purpose of lending to the Lessee Harley-Davidson Motorcycles. RECITALS WHEREAS, this Agreement is entered into by the City under the authority of Minn. Stat. §§412.211 and 412.221. WHEREAS, the City is desirous of leasing motorcycles for its police department use in patrol and law enforcement duties and the Lessor or desirous of leasing certain motorcycles to the City for a reasonable cost. WHEREAS, it is in the best interest of the City and its residents for it to lease the motorcycles from the Lessor under the terms and conditions of this Agreement. NOW, THEREFORE, based on the foregoing, the Parties hereto agree as follows: 1. Equipment. 2008 Harley-Davidson Police Motorcycles with the complete description provided on the attached specification sheet. The model will be an FLTPI with windshield (hereinafter the "Motorcycles"). 2. Agreement Terms. This Agreement shall be effective as of the date of execution for a period of twelve (12) months. Motorcycles leased under this Agreement are to be used for police and related activities only. No more than one person shall be on a Motorcycle leased under this Agreement and the person operating'the Motorcycle shall be authorized by law and City police policy to operate the motorcycle. 3. Payment Period. Lessee shall pay one yearly lease payment of One Dollar ($1.00) per Motorcycle. Payment does not include the cost of optional or additional equipment not otherwise included in the specifications of the Motorcycles leased hereunder as set forth in Paragraph 1 above, full maintenance or insurance costs. 4. Insurance. At its own expense, the Lessee shall carry casualty insurance and public liability and property damage insurance sufficient to protect the full value of the Motorcycles, and to protect the Lessor from liability in all events. The Lessee shall carry workman's compensation insurance covering all of its employees working on or about the Motorcycles. Upon request, Lessee shall furnish to Lessor certificates or other satisfactory evidence of all insurance coverage described above as required terms and conditions of this Agreement. 5. Hold Harmless Indemnification Between Parties. The Lessee hereby agrees to protect, defend, indemnify and hold harmless the Lessors up to the limits of the municipal immunity as provided by state statute from and against any and all losses, penalties, damages, settlements, costs, charges or other expenses or liabilities arising out of the negligence of the Lessee or its employees in the use or operation of the Motorcycles leased hereunder, but not for any loss, claim, damage, action or the like arising out of the negligence acts of the Lessor. Nothing in this Agreement shall be construed to waive any rights, privileges, immunities, or tort damage limitations available to the City under federal or state law, in the event any person or party brings claim against the City as a result of the use or operation of a Motorcycle leased under this Agreement. 6. Liens. The Lessee shall not directly or indirectly create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claims on or with respect to the Motorcycles, except with respective rights of the Lessor as herein provided. Lessee shall promptly, at is own expense, take such action as charge, encumbrance or claim not expected above if the same shall arise at any time due to Lessee's action or inaction. 7. Terms and Fees. The Lessee shall pay all appropriate taxes or fees, or similar charges imposed by virtue of the Lessee's ownership, possession or use of the Motorcycles during the term of this Agreement. 8. Care and Use of Equipment. The Lessor agrees to maintain the Motorcycles pursuant to the manufacturer's standard and preventive maintenance procedures and recommendations. All repairs and maintenance shall be made at St. Croix Harley-Davidson, Inc., 2060 Highway 65, New Richmond, Wisconsin 54017. The Lessee, at its own cost and expense, shall ensure delivery of the Motorcycles to the above address at regular maintenance intervals set up by Lessor in accordance with the service schedule as provided in the owners' manual. The Lessee shall protect the Motorcycles from deterioration other than normal wear and tear. The Lessee shall use the Motorcycles for police related activities only, without abuse, and shall not make modifications, alterations or additions to the Motorcycles (other than normal operating accessories or controls) without the written consent of the Lessor, which shall not be unreasonably withheld. The Lessor shall have the right, after notifying Lessee, and during regular business hours to enter upon the premises where the Motorcycles are located in order to inspect, observe or otherwise protect the Lessor's interest, and the Lessee shall afford them the reasonable opportunity to do so. 9. Damage or Deterioration of Motorcycles. In the event the Motorcycles are partially damaged or destroyed due to the negligent action of the Lessee or its employees prior to the end of the term of this Agreement, the Lessee will promptly have the Motorcycles repaired and restored to their original condition and working order at their expense. In the case of theft or total loss of any of the Motorcycles, the replacement value of each Motorcycle shall be Eighteen Thousand Two Hundred and Twenty and No/100 Dollars ($18,220.00). 2 33 10. Rider Responsibility and Privileges. The Lessee shall be responsible for keeping the Motorcycle(s) clean and for reporting any repairs needed to the Lessor. The Lessee may allow riders to use the Motorcycles to travel to and from work, provided that the Motorcycles are fully insured by the Lessee and that the distance to and from work is no more than thirty (30) miles each way. 11. Events of Default and Remedies. Lessee shall be deemed to be in default of this Agreement upon the happening of any of the following events of default: (A) Lessee fails to make payment of the lease or other payments required hereunder; or (B) Lessee fails to comply with any other term, covenant, or condition contained herein. Upon the occurrence of any event of default as specified above, should Lessee fail to remedy such event or default with all reasonable dispatch within a period of thirty (30) days, Lessor shall have the right, after written notice to the Lessee, to pursue any of the following remedies: (1) Repossession of the Motorcycles, including the right to sell or lease the Motorcycle for the account of the Lessee, and hold Lessee liable for all payments up to the effective date of such sale or lease. Lessor may hold Lessee liable for the difference of payments which would be due under the Agreement and the amount received by the Lessor for the sale or lease of the Motorcycles upon default. (2) Any action at law or in equity may appear necessary to collect the payments then due and thereafter to become due, or to enforce performance and observance of any obligation, agreement or covenant of Lessee under this Agreement. Lessor shall be deemed to be in default under this Agreement upon failure to comply with term, covenant or condition herein. 3 LESSEE: CITY OF EAGAN, a Minnesota municipal corporation By: Mike Maguire Date Its: Mayor By: Maria Petersen Date Its: City Clerk LESSOR: ST. CROIX HARLEY-DAVIDSON, INC., a Wisconsin corporation By: Date Its: 4 3s Leased Equipment 1) 2008 Harley Davidson Model # FLHTPI Motorcycle (VIN # 1HDIFMM138Y671686). 2) 2008 Harley Davidson Model # FLHTPI Motorcycle (VIN # 1HDIFMM178Y670668). 5 Agenda Memo March 18, 2008 CONSENT AGENDA: N. Tree Contractor License - Oleson Tree ACTION TO BE CONSIDERED: Approve a Tree Contractor License for Oleson Tree, 13967 113`h Street, Little Falls, MN FACTS: • Brian Oleson has applied for a Tree Contractor License and has meet all requirements of the application • Staff deems the application in order for approval ATTACHMENTS: None. The application is available for review in the Administration Department. 3~ Agenda Information Memo March 18, 2008, Eagan City Council Meeting V. PUBLIC HEARINGS A. VARIANCE - BENJAMIN LAO ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) two Variances to allow for construction of a home addition and extension of the front entrance within the 30 foot setback requirements on property legally described as Lot 9, Block, 1, Oster Addition, located at 1420 Oster Drive, in the SE 1/4 of Section 4. To approve (OR direct findings of fact for denial) two Variances to allow an existing shed within a front yard and within the 30 foot setback requirement on property legally described as Lot 9, Block, 1, Oster Addition, located at 1420 Oster Drive, in the SE 1/4 of Section 4 REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ? The property is located on Oster Drive and contains a single-family home with an attached two-stall garage and a shed. The shed was constructed within the 30-foot setback requirement and is a non-conforming structure due to the location in a front yard and within the setback area. ? The home and garage were constructed at the building setback line at the northwest corner of the property. ? The applicant proposes to expand the front entrance of the home and add onto the garage as well as construct a new stairway, four season porch and deck to meet the needs of their growing family. ? The proposed addition would be setback 28 feet from the west property line; an encroachment of 2 feet into the required 30-foot setback as well as 25'6" from the north property line; and encroachment of 4'6" into the required 30-foot setback. Lot coverage and other yard setback requirements are satisfied. ? The applicant's stated hardship is that the property is bound by three public right-of-ways which due to the required 30 foot setbacks reduce the buildable area of the lot to allow for an addition. ? The requested Variance appears to be a minimal request to alleviate the stated hardship. ISSUES: ? None. 60 DAY AGENCY ACTION DEADLINE: April 27, 2008 ATTACHMENT (1): z GG .J3 Planning Report on page 3' through 3g PLANNING REPORT CITY OF EAGAN REPORT DATE: March 13, 2008 CASE: 04-VA-02-02-08 APPLICANT: Benjamin Lao HEARING DATE: March 18, 2008 PROPERTY OWNER: Same APPLICATION DATE: Feb. 27, 2008 REQUEST: Variance PREPARED BY: Sarah Thomas LOCATION: 1420 Oster Drive COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of two Variances to allow for construction of a home addition within the 30-foot setback requirements and two Variances to allow an existing shed within a front yard and within the 30-foot setback requirement on property legally described as Lot 9, Block, 1, Oster Addition, located at 1420 Oster Drive, in the SE 1/4 of Section 4. 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, 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 owners of property have 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. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. 39 Planning Report - Lao Variance March 18, 2008 Page 2 e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS City Code Section 11.60, Subd. 5 requires a 30 foot setback for all structures from public right- of-way on property zoned R-1. Also, City Code Section 11.40, Subd. 5 regulates accessory structures and prohibits accessory structures in a front yard. The front yard is defined as the area between any boundary of a lot which abuts an existing public or private street and the front of a building or setback line. BACKGROUND/HISTORY Oster Addition was platted in 1982 and this home was constructed in 1983. The current owner purchased the property in 2001. EXISTING CONDITIONS The existing 1,270 square foot single-family home has an attached two-stall garage. The lot is located on Oster Drive, north of Skyline Road, west of Pilot Knob Road. The placement of the home and garage is at the building setback line on the northwest side of the property. According to the applicant, the existing home is no longer large enough for the family and since the property is bound on three sides by public streets, an addition within the buildable lot area is difficult to obtain. Also, a 120 square foot shed exists within a yard adjacent to Skyline Road and encroaches 8' 5" into the 30-foot setback requirement. The City requires building permits for accessory structures (sheds) which exceed 120 square feet, therefore, no building permit was necessary to approve the storage shed. However, the shed must be in compliance with City Code requirements, i.e. not within a front yard and not within setback requirements. EVALUATION OF REQUEST Proposal - The applicant proposes to expand the front entrance of the home and add onto the garage as well as construct a new stairway, four season porch and deck to meet the needs of their growing family. The shed is proposed to remain in its current location in the southeast corner of the property. Setbacks/Lot Coverage - The existing garage and front entrance were constructed at the building setback line. The proposed addition to expand the front entrance would encroach 4' 6" into the required 30-foot setback. The proposed addition to the west which consists of the garage, a new stairway, four season porch and deck would encroach 2 feet into the required 30-foot setback. 4b Planning Report - Lao Variance March 18, 2008 Page 3 As previously mentioned, the shed encroaches 8' 5" into the 30-foot setback requirement and is proposed to remain. Lot Coverage - City Code permits a maximum building coverage of 20% for single-family lots. The existing lot coverage is 11% and the proposed lot coverage is 19%. 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 demonstrable hardship or difficulty. The Zoning Ordinance states that relief may be granted provided that there are special conditions that apply to the parcel in question. The subject site is approximately 12,630 sq. ft. in area. This is slightly more than the minimum lot size requirement of 12,000 square feet. However, this property abuts three public streets and must meet the 30 foot setback requirement from all of the public right-of-ways. The applicant states "we have looked around in the vicinity of my property for the same situation and found that most properties are surrounded by two public right-of-ways at most". However, it does not appear as though special conditions (i.e., topography, unique lot configuration, vegetation, etc.) are present on the property. A single family dwelling with an attached two-stall garage is present on the site. Further, while few properties have three public frontages, they do exist. Two properties to the east, off of Stephanie Circle (1579) and Skyline Court (1537), have three frontages as well. The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide Plan, but may be inconsistent with the intent of the Zoning Ordinance. That is, the purpose of the building setback provision is to prevent the overcrowding of properties and to provide green space. Since the request is to encroach into the setback requirement, it appears to be contrary to the intent of the ordinance. A demonstrable difficulty is required to grant relief from the minimum required setbacks. The applicant is requesting relief from a required minimum setback to allow for the existing shed to remain as the owners misinterpreted the code requirements at the time the shed was constructed. The applicant states that moving the shed at this time would be difficult. The applicant is also requesting relief from the required minimum setback to allow construction of an addition to home. The home configuration is such that the house was built at the northwest building line and does not allow for flexibility with an addition. A reasonable use, single family dwelling with attached garage, is present on the site, so the owner has the same use as others in this area and would have the same opportunity for use of the property without relief from the Zoning Ordinance. The requested Variance appears to be a minimal request to accommodate an expansion of the garage and home, resulting in more usable space for the family. 4-1 Planning Report - Lao Variance March 18, 2008 Page 4 APPLICANT'S ESTIMATE OF HARDSHIP The applicant's narrative states "the main reasons we would like to improve our property are due to basic minimum needs and practical difficulties such as having a family of five with three young kids and two elderly parents, more space is needed". SUMMARY/CONCLUSION In summary, the applicant is requesting four variances: • A 2' Variance to the required 30-foot setback to allow for a home addition. • A 4' 6" Variance to the required 30-foot setback to allow for an extension of the front entrance. • An 8' 5" Variance to the required 30-foot setback to allow an existing shed to remain. • A Variance to allow for an accessory structure in a front yard. A single-family home with a two-stall attached garage is present on the site. The shed is an existing non-conforming structure as it was built within the 30 foot setback. The applicant has stated the hardship is that the property is bound by three public right-of-ways which due to the required 30 foot setbacks reduce the buildable area of the lot to allow for an addition. ACTION TO BE CONSIDERED To approve two Variances to allow for construction of a home addition within the 30-foot setback requirements and two Variances to allow an existing shed within a front yard and within the 30-foot setback requirement on property legally described as Lot 9, Block, 1, Oster Addition, located at 1420 Oster Drive, in the SE 1/4 of Section 4. 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. The addition shall not exceed the size shown on the proposed Architectural Plans dated February 26, 2008. 3. The addition shall comply with all other applicable Zoning Ordinance provisions. 4. The existing shed shall not be moved any closer to Skyline Road than the existing location of the shed as shown on the existing Site Plan dated February 26, 2008. 5. A building permit must be obtained prior to construction. #J_. Eagan Boundary Right-of-way Location Map Parcel Area Park Area Building Footprint INTERSTATE NWT. NO. 664 y 9 q ED 6 ONE Subject Site Mai OEM Ems ® m® g° © gy of 9 ~ a 8 ° w o s* IL w D. ® _ o i ~ •641 ® fi~,, - ~ © ® ~ © r'~ ca 4 d ~ ~ o ~ m del 9 9 ® tl©° 9 ° 8 9 ® PQ °Da - o® ~o C.S.A.N. NO26 (LONE OAR NOW 9. Ap .5 4 © mqo~ o qp o OP 00 e9 ® 'Q 77 ftB7 1000 0 1000 2000 Feel Development/Developer. Benjamin and Jane Lao Application: Variance Case No.: 04-VA-02-02-08 T~ N 4111911111- THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of Eajan W E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. si • 5~ } I~ cs t ,fit ate= ' ~ S r u uM ~ s y, ' a ! Y~ T .S L M1 r r ~ ~ al ,5 fl~ rM Ip ~ •'1lY .Se :7. M k+ w r-: 1 1 a 1 - 1 KEY NOTES I J' s - - R IRON DrIUME1IT AS PROPERTY STORM DRAINAGE CORNER MARKER SURVEYED & CATCH BASIN RE-STAKE ED By BDM EPIGINEERING ING CL OF OSTER DR. (RLS# 22440) ON JUL 2. 2006. N ' r 2 PROPERTY LOT LINE ESTABLISHED FROM PROPRTY CORNER RAFRERS. IS 3 BURIED GAS. ELECTRIC, CABLE, 0 5' 10' PROPERTY <72:1 PHONE SERVICE ENTRANCE. LINE (TIP) 4 6' HIGH CEDAR FENCE AT "Ir LOCATIONS SHOWN. 5. 7' 6' HIGH SIDE WALLS W/ WOOD 61 5° F O OIJ GRADE (NO FROST NG) / / / /4. _ \ ID UTILITY - FL EASEMENT • 6. APPROXIMATE LOCATIONS OF Q F IT a! o BURIEDE PER UTILITIES BASED DURING THTIE / / ~o / 9 (4 DESIGN EXCAVATION CONTRACTOR TO CONTRACT COPGER STATE ONE / 6'1 CALL AT (651) 454-0002 10 LOCATE ALL UNDERGROUND 11 UTILITIES BEFORE ANY EXCAVATION, 0 o 's _ E t 1 X % 6' BRICK POST. TOTAL O - _ j; ?PIVEWAY n \ B~ OF 5 POSTS AT THE FENCE E'6,614 I ri I I 512, 1/ 'q A4 I LL6 K--' CORNERS IIIDICATED ON THE PLAN. O Z _ / x' BUILDING ' I SETBACK. 18'_2• I•\S .o I - / LINE r '-r---l. PROPERTY < _ OIJInIG R-1 / LINE (TYP) IOTPL EXISTING LOT AREA = 12,630 SqFI `,T FOUNUA710N M1EA8 Emma Z ______6 I T MAIN DWELLING 80 I _ _ uaiN L UHK MAIN DWELLING+GARAGE = 1270 PI10III n11 - MAIN DWELLING +GARAGE + STORAGE = 13x3 SHED U ':1~;;; _ III ~ GN'•" •I F"+1 I IR7 ~ I BUILDING COVERAGE PERCENTAGE = 115 PROPERTY - x I- _1kW= X111 l I_ I _ uNE (I", P) I I rtJ` LEGEND Lu Z 2 EXISTING STRUCTURE OR BLOC 01 till- UTILITY OBJECT EASEI.IENi-U'~/~/ - J - a1- % EAUTILITY SEMENT _J DEC" 1 4 I -EXISTING BURIED ELECTRICAL LINE Gl dDUrE - w O 1 16'-t- - - EXISTING BURIED WATER LINE ' X 30'-0" EXISTING BURIED SANITARY SEWER LINE 0J O 32'-0" w EXISTING BURIED iELE/C_ABI E LINE 1 EXISTING BURIED GAS LINE y II 3 EXISTING 6' HIGH CEDAR FENCE N ~ P;` C 1J'%t n2 X VIII„A I cNF W 15' 0' 15-0' 2'-0" (T,P) (TYP) (TYP) I •I !=7 n V r'~, AJt 1:i O LEGAL DESCRIPTION: OSTER ADDITIONS PRE TYR BLOCK 1, LOT 9 LINE (TYP) > PIN: 10-55400-090-01 Qg~ -ter- 1, I o i z o 30'-D" 30-0" ? COrIC. CURB & - W w GUTTER (TYP) p CL Or SKYLINE RD. EXISTING OVERALL SITE PLAN N/ PROPERTY LINES 4 EXISTING SHEEI MIMUM BLDG. SETBACKS. I of 9 RECEIVED FEB 2 7 2008 l ll I I - I F = KEY NOTES J~ I / I I/J6a _.PRQ EJ yE_.e 4 , a g f1J L I I ~L` - ~ i IRON MONUMENT AS PROPERTY 1 / I~` I P F CORNER MARKER SURVEYED & STAKED BT BDM ENGINEERING N a °o N ) ~`1I~{'•\), - . E to (RLS# 22440) ON JUL 2. 2006 2,5' 6' O Q'T -(j / _ - I. - f?ilitl f7 _ I UTll.ltt o_ EASEMENT 2. PROPERTY LOT LINE ESTABLISHED FROM PROPRTf CORNER MAKRERS. O+A~~ I> / .T n y _ { _ \ ZONING = R-1 TOTAL EXISTING LOT AREA = 12.630 SqFI / {I11 ,J ` 1 EXISTING PROPOSED / / 11 / ' , y `I .w roew.c. rao wsr }E L4fi) ¦ EXISTING F BUILDING COVERAGE(] iFEl v' a o / /F 91 + .l I \S y / ^ crURE KKR rKE5 9 ID PRINCIPAL STRUCTURE STORAGE 1393 2,T03 0 - ~~_1-_ J.• 61.- l I SHED / "y$ ? BUILDING COVEP.AGC PRECENTAGE = II 19% FOUNDATI ON AREASUTSIDEOFBULDINOACK LINE 98 BUILDIN SETBACK LINE 7W.PAIEMENT NEW PRINCIPAL STRUCT SETB +GARAGE+DECK EYPTRXDEO X ENRYWAf Q 1 , I!+`I{ L) SEi BACK LIIJE ' _ I - _I al S ? FF- 1 /I lixi LEGEND I eo - - - _ I. I /I , L / f ce. ~r K A~ nI PROPOSED ADDITION R 1-L// y CF Rr I OBJE T STUCTURE OR BLDG OR W I LF OBJECT TO REMAIN. -Hl 'NFL IL--III 5,~ /AR FAnILT RIJR'I \ 4: r-- Q X~ -LP---0 G/(RAGE E IL >Ikl I I / i / / y / ' / , I , T OUTLINE OF EXISTING STRUCTURE -j TO BE DEMOLISHED. j O I > ~ 6, (y u tt l~ y nECU Ew, UTIUTi FJ~~ AT 15 OF PROPOSED ADDITION ILITY/ O r A'il l = J uUNDARY I X E GIOSET EASEMENT PORTION o a 6 -L„ SETBACK OLINEIDE THE BUILDING Q CL < U-j w N Z Y (pK. SrNP-+ r-`n FUTURE a 7. I ..xo.+c B -ET 1/ j/ / z_ Q L • BUILDING COVERAGE AREA CALCULATION INCLUDES THE C n I Z x~ II//i ~1 FOOTPRINTS OF ALL PRINCIPAL < STRUCTURE(S) & ACCESSORY BUILDING(S) W/ ROOF & SIDE + f "C - / / a OP Ty WALLS IT DOES NOT, 114CLUDE UNCOVE e F.R BE- FUTURE PAIN ASOV'E BEDR- 8700PSRE0 DECK. SDEWALKS. M j z y F 1 A C, IS s. I ) ` CEO PRO%~ E r UTIENi DECS AQE u i In BUILDING SETBACK LINE 41 H= 4~ ~4 10 II - ~I~u - zo ti \Jr` ~c NEW LOWER (FOUNDATION) PLAN 41f (FOR MINIMUM SETBACK VARIANCE 514EET 2 of c APPROVAL) 1420 Oster Drive-Minimum Bldg. Setback Variance Request Letter Owners: Benjamin & Jane Lao February 20, 2008 Honorable Mayor, City Council Members and the Planning Division City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Subject: A. Variance Request for the Proposed Addition B. Variance Request for the Existing Storage Shed in the Rear Yard Dear Honorable Mayor, City Council Members and the Planning Division: Part A. Variance Request for the Proposed Addition We are planning to add an addition to our residence located at 1420 Oster Drive, Eagan, MN 55121 (Legal Description: Oster Addition, Block 1, Lot 9, Dakota County; PIN# 10-55400-090-01). The property is located in zoning classification R-1 Residential Single District, and after the addition, the use of the property will not change. The surrounding land use within 660 feet is mostly R-1 and P zoning classifications. The main reasons we like improve the property are due to the following basic minimum needs and practical difficulties: • The property has 2 bedrooms upstairs and 1 bedroom downstairs. The total finished area is approximately 1400 square feet. It is becoming a very tight living space for a family of five with three young kids and to accommodate two elderly parents to live with us for about 1-6 months each year (The parents are NOT "snow-birds" and do not own a home in any of the states. We (4 siblings) are choosing to take care of them at their old age as much as possible before they need major medical attentions and require 24/7 assisted living). • The entry way is too small that it is not safe and convenient for our young kids and adults (See attached photos 1 and 2). The space is cramped that our 4 yrs old kid has fallen down the stairs recently while opening the entry door. • There is no connection between the attached garage and the living area of the house. • Our existing two-car garage has so limited width that it is rather difficult to get in and get out of the cars (See attached photo 3 & 4). Most. two-car garage has 24-36 inches of space on left and right side of the garage door opening for sufficient room the car doors and for storage. Our garage has 12" on one side and the other side has varying space of 8" to 20" (at the location where car door opens). Page 1 of 7 4-7 RECEIVED FEB 2 7 2008 1420 Oster Drive-Minimum Bldg. Setback Variance Request Letter Owners: Benjamin & Jane Lao To address the above basic minimum needs and the practical difficulties outlined above, we like to: 1. Expand the front entry porch slightly outside (4' 6" ) the minimum building setback line on the north side (see Drawing 2 of 9), and 2. Reconstruct the garage with its west wall slightly outside (varying from 1' to 2') the minimum building setback line on the west and northwest corner (See drawing 2of 9) The above proposed plan is to satisfy the basic minimum needs and practical difficulties stated above. For that reason, we respectfully request the City of Eagan to grant a variance in pursuant to the City Code Section 11. SO Subd 3 - Variances. (Please note that we proposed to expand the existing building to south direction as well, as shown on the preliminary drawings 1 to 8, but this portion of the expansion is NOT related to this variance request since it is within the minimum building setback and meets other relevant City Code requirements.) The following paragraphs address specifically to the requirements outlined in the City Code Section 11.50, Subd 3.B.3., part a to d: "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 owners of property have no control. " • Response: My property is a corner lot which is surrounded by three public right-of-ways (north, south and west). This requires that my building to be setback at minimum distance of 30 feet from my property lines based on the zoning requirements of this location. We have looked around in the vicinity of my property for the same situation and found that most properties are surrounded by two public right-of-ways at the most. We purchased the property in 2001 and the existing building was constructed in 1983 during which the front and west foundation walls of the building was located at or very close to the minimum building setback line. Practically, we cannot move the entire building to south and east so as to satisfy the basic minimum space we need in order to maintain the City Code's minimum building setback requirements. "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. " Page 2 of 7 RECEIVED FEB E2 / 2 1420 Oster Drive-Minimum Bldg. Setback Variance Request Letter Owners: Benjamin & Jane Lao • Response: The property is surrounded by Oster Drive on north (front) and Oster Drive on west, and Skyline Road on south. Based on the literal interpretation the City Code Section 11.60, Subd 5- "R-1 " Residential Single District, the minimum building setbacks from my property lines on north, west and south sides would be 30 feet. That means approximately, we have 1200 square feet or 24% less constructable space than that of a same lot size in the vicinity that is surrounded by only two public right-of ways on front and back of the lot. We are respectful of the City Code requirements, and thus we are keeping proposed building encroachment to minimum and requesting for only 98 square feet (Total for front and side. See drawing 2 of 9) of the building be permitted for construction in the area outside of the minimum building setback line. "c. That special conditions or circumstances do not result from the actions of the applicant. " • Response: We do not believe any special conditions or circumstances will results from this variance request since the area and the distance requested is very small that it does not interfere with existing easements or minimum sight distance requirements. "d. That granting of the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. " • Response: We are not aware of the exact past variance request(s) that were denied on the same circumstances in the vicinity of this property. For that reason we do not believe that granting of the variance requested will not confer us any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. "e. The variance requested is the minimum variance which would alleviate the hardship. " • Response: We were originally planning to construct a 3`' car garage with this addition, but due to the extent of 3rd car garage that will occupy outside the current minimum building setback line, we changed the plan. We are keeping the encroachment to minimum and requesting for the following basic minimum need to alleviate the hardships: o Slightly expanded entry way for the kids to safely in and out of the front door and o a slightly wider 2-car garage. Page 3 of 7 OLI 9' RECEIVED FEB 27 2 Er 1420 Oster Drive-Minimum Bldg. Setback Variance Request Letter Owners: Benjamin & Jane Lao `f The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. " • Response: We do not believe granting this variance would not be materially detrimental to the purposes of this Code or to property in the same zone. Part B. Variance Request for the Existing Storage Shed in the Rear Yard The shed (accessory building) was constructed in 2003. It is 12' (L) x 10' (W) x 7' 6" (H) shed with floating footings (the permit from the City was not required). When it was constructed, we misinterpreted the City Code Section 11.60 Subd 5.E - Bulk Standards (attached below) and was located at 5' 4" from the side yard property line and 21' 7" from the rear property line. City Code Section 11.60 Subd 5.E - Bulk Standards: "E. Bulk standards (minimum unless noted). TABLE INSET: Lot Area 12, 000 sq. ft. Lot Width 85 feet Setback From Public Right-of-way 30 feet Side Yard Setback (principal structure) 10 feet Side Yard Setback (garage or accessory structure) 5 feet Rear Yard Setback (principal structure) 15 feet Rear Yard Setback (accessory structure) 5 feet Structure Height (max.) 35 feet Building Coverage (max.) 20 percent" As we were planning for this house addition, we looked at the minimum building setback requirements more closely and realized that the shed should had been placed no less than 30 ft from the rear property line since the Skyline Road is considered a public right-of-way. The shed is on floating footing, but it can rather difficult to move to achieve 30 ft from the rear property line. Since the adjacent property is constructed closer to the Skyline Road than this shed, we would like to request a variance as part of the variance requested for the house addition in Part A or separately so that the shed can remain at the current location. Page 4 of 7 RECEIVED FEB 2 7 200H 1420 Oster Drive-Minimum Bldg. Setback Variance Request Letter Owners: Benjamin & Jane Lao Finally, since we are planning to construct the addition as soon as possible and have the financing in place, we would respectfully request for approval by next City Council meeting. Sincerely, G2/ Benjamin & Jane Lao 1420 Oster Drive Eagan, MN 55121 Phone: (651) 688-7130 (H), (651) 468-2058 Attachments: - As noted on City of Eagan Variance Check lists items Attached. Photo 1 } Photo 2 Page 5 of 7 RECEIVED FEB 2 7 2014 5) 1420 Oster Drive-Minimum Bldg. Setback Variance Request Letter Owners: Benjamin & Jane Lao alpMM Photo 3 ,may„ 1. 74 Page 6 of 7 RECEIVED FEB 2 7 2 1& 5~ 1420 Oster Drive-Minimum Bldg. Setback Variance Request Letter Owners: Benjamin & Jane Lao Photo 4 Page 7 of 7 RECEIVED FEB 2 7 2191It 53 Agenda Information Memo March 18, 2008, Eagan City Council Meeting VII. NEW BUSINESS A. CONDITIONAL USE PERMIT (1470 ENGLERT ROAD) - MCDONALD CONSTRUCTION ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit to exceed the maximum 25% impervious surface requirement by 2.1% for property located at 1470 Englert Road, legally described as Lot 8, Block 1, Waters Edge, in the SE '/4 of Section 16; subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers Present FACTS: ? The property is zoned R-1 and located within the Shoreland Overlay of Fish Lake. ? The shoreland zoning restricts impervious surface to a maximum of 25% of the lot area. Impervious coverage may be increased with a CUP, provided the conditions in the shoreland ordinance are met. ? The subject site is vacant and the applicant proposes to construct a new single-family home on the property. The proposed impervious coverage is 27.1 ? Fish Lake is identified as the City's highest priority lake and recently classified by the MPCA as an impaired water due to excessive phosphorous. ? The applicant is proposing to mitigate the impacts of the increased impervious surface by installing an underground irrigation cistern, installing a rain garden in the front yard and using pervious pavers for the sidewalk. ? These proposed mitigative measures will offset the proposed increase in impervious area. ? The pervious pavers, cistern and rain garden will need routine maintenance to ensure they continue to function as designed to retain and provide infiltration of stormwater. ? The Advisory Planning Commission held a public hearing on February 26, 2008, and is recommending approval. 60 DAY AGENCY ACTION DEADLINE: March 18, 2008 ATTACHMENTS (2): February 26, 2008 APC Minutes, pa e 5 Staff report, pages Jp through (#7 Advisory Planning Commission February 26, 2008 Page 2 of 5 IV. PUBLIC HEARINGS A. Englert Road Applicant Name: McDonald Construction Location: 1470 Englert Road; Lot 8, Block 1, Waters Edge Application: Conditional Use Permit A Conditional Use Permit to exceed the 25% impervious surface. File Number: 16-CU-02-01-08 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated February 21, 2008. She noted the background and history. Chair Hansen opened the public hearing. Applicant Chris Hastings stated reasons for building a home in Eagan and why the Conditional Use Permit is needed in order to build the home. There being no further public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Chair Hansen stated the mitigation efforts are impressive. He addressed the soil ripping and confirmed with the applicant that soil ripping would not take place. Member Keeley moved, Member Chavez seconded a motion to recommend approval of a Conditional Use Permit to exceed the maximum 25% impervious coverage for a residential lot in the Shoreland Overlay District of Fish Lake, located at 1470 Englert Road, legally described as Lot 8, Block 1, Waters Edge, in the SE 1/4 of Section 16 subject to the following conditions as amended: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council 2. The impervious surface of this lot cannot exceed 27.1 3. All mitigative measures- see! ripping, rain garden, underground irrigation tank, and pervious pavers shall be installed according to the guidance of the Minnesota Stormwater Manual with technical assistance from the Dakota County Soil and Water Conservation District, and overseen and inspected by City staff at the time of installation. 4. The underground irrigation tank shall be continually maintained to retain and reuse stormwater as designed. The tank cannot be removed or disconnected without City approval. 5. The rain garden and pervious pavers shall be continually maintained to retain and provide infiltration of stormwater as designed. A vote was taken. All voted in favor. Motion carried: 7-0. 5 PLANNING REPORT CITY OF EAGAN REPORT DATE: February 21, 2008 CASE: 16-CU-02-01-08 APPLICANT: McDonald Construction HEARING DATE: February 26, 2008 PROPERTY OWNER: Christopher Hastings APPLICATION DATE: Januaryl 5, 2008 REQUEST: Conditional Use Permit PREPARED BY: Pamela Dudziak LOCATION: 1470 Englert Road COMPREHENSIVE PLAN: LD, Low Density ZONING: R-1, Single-Family SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to exceed the maximum 25% impervious coverage for a residential lot in the Shoreland Overlay District of Fish Lake, located at 1470 Englert Road, legally described as Lot 8, Block 1, Waters Edge, in the SE % of Section 16. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11 .50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 5LQ Planning Report - 1470 Englert Road February 26, 2008 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The Waters Edge subdivision was platted in 2002. The property is zoned R-1 and is located in the Shoreland Overlay District of Fish Lake. A cash water quality dedication in lieu of on-site ponding was paid at the time of final plat. Following the initial application for a building permit, it appears there was a misunderstanding regarding the impervious coverage. The builder was under the impression that impervious coverage could be averaged among all the lots in the subdivision. However, this is not a Planned Development and each lot is required to meet the limits on impervious area.. EXISTING CONDITIONS The 14,398 sq, ft. lot is vacant and was previously graded with initial development of this subdivision. Driveway access is provided from Englert Road. The southern (rear) portion of the lot contains several significant trees. A utility easement covers the southern 30' of the lot. The parcel is located in the shoreland overlay district associated with Fish Lake, a general development lake. The shoreland zoning restricts impervious surface coverage to 25%. The proposed construction exceeds that amount by 2.1 st Planning Report - 1470 Englert Road February 26, 2008 Page 3 SURROUNDING USES The subject site is surrounded by single family residences to the west, south and east, that are zoned R-1, single family residential and guided LD, Low Density Residential. To the north is townhomes, zoned R-3, Residential Townhouse and guided MD, Medium Density. EVALUATION OF REQUEST Compatibility with Surrounding Area - The subject site is surrounded by single family residences. The proposed construction of a single-family home is compatible with the surrounding area. Code Requirements - Eagan City Code 11 .65 - Shoreland Overlay District) stipulates that impervious coverage must not exceed 25% of tile lot within the shoreland overlay district. However, the Code does allow for an increase in the impervious area provided the City 1) has issued a Conditional Use Permit permitting an increase in impervious coverage, 2) has approved and implemented a community-wide stormwater management plan affecting the subject site; and 3) required the necessary water quality mitigation features to meet non-degradation standards for phosphorous for the nearest downstream recreational waterbody. In addition, the general CUP standards listed at the beginning of this report are applicable to the evaluation of this request.. Impervious Surface - The allowable impervious surface for this lot is 3,600 feet (25% of 14,398 square feet). The proposed impervious area is 3,901 sq. ft., a ratio of 27.1% as compared to the lot area. The proposed excess impervious coverage amounts to 301 sq. ft. Impervious coverage includes the building coverage (2,853 sq ft.) plus the driveway (936 sq, ft.), and sidewalk/ landing (112 sq. ft.). Description of Proposal - The applicant proposes to construct a new single-family home on this lot. The initial plans were modified to reduce the size of the building and impervious coverage.. The proposed building coverage ratio is now 19.8%, which complies with the R-1 maximum of 20%. However, the proposed impervious coverage ratio is 27.1%, which exceeds the maximum permitted 25%. The applicant's narrative indicates they "do not have a way that makes us comfortable to get the additional 2..1 reduction in impervious area. As a result, the applicant is requesting approval of a CUP and proposes to implement mitigative measures including permeable pavers, a rain garden, an underground irrigation tank/cistern, and soil ripping of the rear yard, which will retain stormwater runoff on the site and allow for greater amounts of on-site infiltration. Storm Water Management/Water Quality - The subject property is within the shoreland overlay district of Fish Lake (DNR #19-0057), classified as L1 - Direct Contact and ranked as the City's highest priority lake according to the Water Quality and Wetland Management Plan. In 2006, the Minnesota Pollution Control Agency listed Fish Lake as impaired because it does not meet standards for aquatic recreation due to excessive nutrients (i.e., phosphorus). The 5~1 Planning Report - 1470 Englert Road February 26, 2008 Page 4 development drains to west Fish Lake (Pond JP-3) via existing storm sewer. A cash water quality dedication in lieu of ponding was paid for this development upon subdivision in 2002. Mitigative Measures - The 2.1 % overage in impervious area is approximately 300 sq, ft. of this lot, which equates to a volume runoff for a I" rainfall of approximately 25 cubic feet. The proposed soil ripping, irrigation tank and rain garden are estimated to reduce storm water runoff by approximately 300 cubic feet, more than compensating for the excess impervious area. Additionally, the applicant proposes permeable pavers for the sidewalk, offsetting the impervious area by 112 sq. ft. Soil Ripping - Soil ripping is a technique by which the surface soils are tilled or' "ripped" to reduce compaction and restore hydrology. One of the benefits of soil ripping is that it is a one-time occurrence, and does not require on-going maintenance. Due to the number of significant trees in the rear yard and that runoff from the rear yard is least likely to make its way to the storm sewer system, the benefits of this technique in this case are questionable. For these reasons, staff recommends this as an optional technique. If soil ripping is performed, the applicant should contact the City Forester prior to the work being done. Care should be taken to avoid ripping through existing root zones and to stay out of the critical root zones of trees, typically 1.5-foot radius per inch of tree trunk diameter. Additional information should be provided to the City at the time of building permit regarding restoration of the ripped site and how the surface will be finished and the necessary groundcover established. Irrigation Tank - The proposed underground irrigation cistern will capture runoff from virtually the entire building area (2,853 sq.. ft.). This tank is connected to an irrigation system that can be used for watering the lawn and gardens. Capturing and reusing rainwater for this purpose as an "off-grid" system may have the additional benefit of saving some utility costs by reducing this property's use of municipal water for irrigation purposes. Rain Garden - Much of the beneficial impact of the rain garden is dependent upon the soil preparation and construction of the garden. Rain gardens also require maintenance as the plants within them grow and sediments fill them in. Monitoring the long-term maintenance of a rain garden on private property to ensure its continued functionality could be a challenge. Permeable Pavers - The applicant is proposing the use of permeable pavers for the sidewalk. As with the rain garden, much depends on the preparation of the base and installation of the paver system. These measures should be installed according to the guidelines of the Minnesota Storm Water Manual, with the technical assistance of the Dakota County Soil and Water Conservation District. Because the impervious coverage will be permanent, the rain garden, cistern and Sq Planning Report - 1470 Englert Road February 26, 2008 Page 5 pervious pavers need to be maintained to function properly for retention and infiltration of stormwater runoff. No additional impervious area may be added to this lot. Maintenance - Since the proposed mitigative measures will be located on private property and privately maintained, the City does not have assurances that these measures will be maintained and functioning in the long teen.. Alternatively, if the applicant reduces the impervious surface to the required 25%, there are no assurances that additional impervious surface, separate from any city permitted work, won't be placed on the property.. Minnesota DNR - Notice of the proposed CUP was sent to the DNR as required. The DNR commented that "in cases where hardship cannot be proven, we recommend reduction of impervious to the level stated in the City's Ordinance." Technologies like permeable pavers, raingardens and cisterns that are proposed here can be given credit "if they are properly designed, installed by professionals, and maintained.." The DNR recommends that these technologies comply with the Minnesota Stormwater Manual, and recommends "inspection during construction and periodic future inspection to ensure they function as designed." SUMMARY/CONCLUSION The applicant is proposing to construct a new house on a single-family lot within the Shoreland Overlay District of Fish Lake, at 1470 Englert Road in the SE V4 of Section 16. Shoreland zoning limits impervious coverage to a maximum of 25% of the lot size. The applicant is requesting approval of a Conditional Use Permit to allow 27.1% impervious coverage. The Conditional Use Permit is subject to the seven points listed in the Authority for Review section of this report, in addition to the three criteria specific to increased impervious area that are listed in the shoreland zoning ordinance. Fish Lake is identified as the City's highest priority lake and recently classified by the MPCA as an impaired water due to excessive phosphorous. The applicant is proposing to mitigate the impacts of the increased impervious surface by installing an underground irrigation cistern, performing soil ripping of the rear yard, installing a rain garden in the front yard and using pervious pavers for the sidewalk. These proposed mitigative measures will offset the proposed increase in impervious area. The soil ripping could cause damage to the several trees in the rear yard, and given the limited benefit it may provide, staff recommends this technique be optional. The pervious pavers, cistern and rain garden will need routine maintenance to ensure they continue to function as designed to retain and provide infiltration of stormwater. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to exceed the maximum 25% impervious coverage for a residential lot in the Shoreland Overlay District of Fish Lake, located at 1470 Englert Road, legally described as Lot 8, Block 1, Waters Edge, in the SE'/, of Section 16. If approved, the following conditions should apply: Planning Report - 1470 Englert Road February 26, 2008 Page 6 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The impervious surface of this lot cannot exceed 27.1%. 3. All mitigative measures - soil ripping, rain garden, underground irrigation tank, and pervious pavers - shall be installed according to the guidance of the Minnesota Stormwater Manual with technical assistance from the Dakota County Soil and Water Conservation District, and overseen and inspected by City staff at the time of installation. 4. The underground irrigation tank shall be continually maintained to retain and reuse stormwater as designed. The tank cannot be removed or disconnected without City approval. 5. The rain garden and pervious pavers shall be continually maintained to retain and provide infiltration of stormwater as designed. 6. If soil ripping is performed, the applicant shall contact the City Forester at least 5 days prior to the work being done. Care shall be taken to avoid ripping through existing root zones and to stay out of the critical root zones of trees, typically 1 5-foot radius per inch of tree trunk diameter. Additional information shall be provided to the City at the time of building permit regarding restoration of the ripped site and how the surface will be finished and the necessary groundcover established. 4al Eagan Boundary Right-of-way Location Map R Parcoi Area Park Aroa Building Footprint 9 Q IBM- ta3 op o p r ~ e o ~ ~ Do 15 Q3 g o p Q p n Qd 66 0 ° 4 4 Subject Site -ni O o QO p o 4 f a 0 0 o t>' „ p OD C 0 pt C FFF 13 L7 - o p Q 0 0 o D 6 0 4+ C7 p p ~ o t o z pG a-....- d 9 9 17 ` 0 4 LO 0` . d 0 ' o as d5y p O p OQ U p C d 6~ a 6 d Ct Ci Q b O ~ U O 4 ti r 4 p ~ O. ~ O O 41 w.ne.n..r.. ~r q U p A J~~ Q Q~ d °49 p A 9 O DQ. p 0 4 4 00 o D G+ 4 s 6 dddtSd2idd P 0• 440 o q `A }f? , 0 d p ® ~p q O .r- P so o 10om 0 1000 2000 Feet Development/Developer.. 1470 Englert Road Application: Conditional Use Permit Case No.: 16-CU-02-01-08 J ~ THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of Ea as J The City of Eagan and Dakota County do not guarantoo the accuracy of this Information and are S Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map 1470 Englert Road Conditional Use Permit 16-CU-02-01-08 1u u CSC Zoning Map r o 0 L J PD CSC Pb PD 'ion PD Current Zoning: R-1 R-1 Single-family Residential C; A $ P D D u0 a "a 1200 Feet PF Comprehensive Guide Plan o j L-A I p SA • HLI Land Use Map B SA Location L Current Land Use Designation: L LD Wa Low Density Residential ` D L 4100 0 we 1200 Feet p p I 1.{.;.J~6 N portal boo. map Mtotmeaen pr.Hd.d by e.b.t. County Land eonoy Department Decm010 POOL 3 Zoning fnlom~a0en maintained by City Staff. City of BajaIl 0/ W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY The Cky of Eagan and Dakota County do not guarantee the accuracy of this information. S Mendota He)gIms Office Coon Rupids office 2.122 Enter Ise Drive 201 85th Aventm N. W. MndotaH19g4LT,MN55120 PISNEERengineeiing CoalRapids,MN5433 (GSI)G81 1914 Fax:6919088 (743)7831880 Fa0831883 ` CIVD. ENOTNEERS LANDPLANNCRS LAND SURVEYORS LANDSCAPEARC7UTL•ETs -Mendota Heights Office Certificate QL-Survey for: MCDONALD CONSTRUCTION ADDRESS: ENGLERT ROAD, EAGANN.. MN-T R, 76 ODEL ELEVATION: 0 N8p s eso ; x sat T 1E 08"w=825.00 WO2 ae0.B860.S G~` R D`2s`~~ eats eaao seas o nm 15&Z.2) a59.4 859 31 BENCH MARK: 621 TOP OF SPIKE 882.2 eel + ELEV -864 62 as25 (~54~i) T" as9 51 BENCH MARK: " ` .r lI10 P'f6 TOP OF SPIKE R64 II c U D ELEV-861.32 PROPOSED ^T V 5 c DRIVEWAY 005.4 11 x11 62 X M 17 1r7 06 7 7~ (Y61.~1 'e 861.9 1,510) TM a.9 34 00 b+a2A 54 1" CIO 7 2200 12 00 ea 962.3 'i__.S t z ass o f 1 GARAGE e X o PROPOSED S 1 1= U) w x a / f OUSE n 861 W= / 4,1 Slo(se 114. 00. o a61.e 882 3~s _ 26.00 as _ e(q~eq NO. b) deck 0~ ast 5 seta w s.5 K 0 (055 Ol FBt U• I 1) S~ 6618 y~ M x O 1 X861 053.4 'SAT" ae I p~oln-r le uinrny ra3llsU>z~I+Si~r~l1 0 b l"' aid [Lill br b! CUMULATIVE IMPERVIOUS SURFACE 0 8 V) (COVERAGE FOR LOTS 1-7 AND 9: 31,9150/178,155-17 95% PER RENDER) HOUSE TYPE / 51 5 COVERAGE FOR LOTS 1.2.3.4.5.5.7,8 SANITARY SEWER INVERT L - . _ J AND 9: ELEVATION-UNAVAILABLE IJ 35.894/178.155=20145 (PER PLAN DATA PROVIDED ALLOWED-25% (PER RENDER) BY CITY OF EAGAN) ~q 8552 8581 LOT AR A 14,398 SO FT ass 6 E) (L % xasT a 5681 " HOUSE GARAGE AREA =2.853 SO FT 0a: 8570 SIDEIVALK/LANDING AREA =112 SQ FT wa (q~cg,) (gr,~g) DRIVEWAY AREA -936 SO FT ~TeseT eses esee a5,5 BUILDING COVERAGE=19.87. IMPERVIOUS SURFACE-27.17. in N89'43'35"E 85.01 BENCH MARK: o+as TOP NUT HYDRANT ACROSS FROM LB 81 ELEV =861 14 NOTE: ADD BRICK LEDGE AS RECUa1ED HOUSF ELEVATIONS : (PROPOSED)/ASBUIIT NOTE: GRADING PLAN BY RENDER LAST DATED WAS USED TO DETERMINE THE PROPOSED ELEVATIONS SHOWN 011 11415 CERTIFICATE LOWEST FLOOR ELEVATION 8S7 6) NOTE: PROPOSED BUtLDINC DIMENSIONS SHOWN ARE FOR HORIZONTAL TOP OF FOUNDATION ELEV G LOCATION OF STRUCTURES ON THE LOT ONLY. CONTACT BUILDER PRIOR TO CONSTRUCTION FOR APPROVED CONSTRUCTION PLANS GARAGE SLAB ELEV 0 DOOR : °1(5•!J NOTE: NO SPECIFIC SOILS PIVESTICARCN HAS BEEN P E R F O R M E D ON THIS LOT T O F ELEV 0 LOOKOUT 61. 0 BY THE SURVEYOR THE SLITAOSJTY OF SOILS TO SUPPORT THE SPECIFIC HOUSE PROPOSED 15 NOT THE RESPONSIOIUTY OF THE SURVEYOR ELEVATION NOTE: THIS CERTIFICATE DOES NOT PURPORT TO SHOW EASEMENTS OTHER 1( ( ) DENOTES DENOTES DUSTING PROPOSED ELEVATION TITAN THOSE HOSE SNOxt! ON THE RECORDED PLAT 000000.00 00000 DENOTES ORAWAQ AND UTILITY EASEMENT NOTE: CCNTRACTOR MUST VERIFY DRIVEWAY DESIGN. DENOTES DRATNACE FLOW DIRECTION NOTE: BEARINGS 5HOVIN ARE BASED ON AN ASSUMED DATUM A DENOTES SPINE 000. DEMOTES ELEVATION ON WE HEREBY CERTIFY TO MCDONALD CONSTRUCTION THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF: LOT 8, BLOCK 1, WATERS EDGE DAKOTA COUNTY. MINNESOTA IT DOES NOT PURPORT TO SHOW IMPROVEMENTS OR ENCROACHMENTS EXCEPT AS SHOWN AS SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION THIS 5TH DAY OF NOVEMBER. 2007. 1 1t- _D? STAN SIGNED: / ZION ENGINEERING. P A - - H E IM. E r Ni / SCALE : 1 INCH = 30 FEET 1-1) -De N us IM. PER LL BY: 4002 107205000 MTWx4 Peter J. H wk)nson Ucense No. 42299 RECEIVED JAN 162098 3 Potential Volume Control Options for Chris Hastings 859.4 a Stormwater Irrigation System 12-21-07 Tank Size = 2500 Gallons 5 O 861.1 Contributing Drainage = 2500 square feet of roof top 51 I 7 All ''u Volume Reduction = 235 cubic feet tkv Ir40 pmveO nor 5 Estimated Cost = $9,000 (not including gutters and irrigation system) x862. k k ~Ir,l 'k kaoe a62-s 7 ~L"iC1 1 862.7_ Faf .861.9 fi Today It Pays to Save Your Rainwater Let Us Show YOU 110w P. CLOSE 6; Premium \an•natablr Skctem M.c pw-+i a.*r~u wwmke I.i.iq. ic,.ee ss.uk+y, aJ,r_ srJ~iel me,b:, eu x0 C F`wcy aa1a •J.quS'¢I sy A.xtuw o i C bcuws: Estimated Costs 2-543 "x'°j 4~ Ain" 2.9 Tank = $2;800 ©.•.a.Te. _ s...ar¢,w, , Ca'?~ 8 deck t01 a ,ro,+s maa.us sass Other Listed Equipment = $2,640 i ®aaslwern,rw. SO l rJ ~J~~,! .W •°n:w ~OFLi. f.trY +~pau.•ecs S a Estimated Installation = $3,500 ~1i•• ° ecs z T xa61.7 ~>r7 d53.4 tlfi0. x wFi.n ua~~ a~ia.~ra~i•m ~;`m ~ ! u GTP3QIT: 1-• 8:1•n• 1 S(•d°rT.•4 p°e.a s,/u AMSeN.rtWeCNUnlu. Gh ltBaeedst C.a e.r,elee: 8 is J' L--------------- H55.2 O O x 857.E Behr x - 359.t 957.0 - O 7A6X d 0 (D Ll.v,slte.•,...u f.1.W., I~di tk'ev si.r,a. IN, %A- k•.jm. 40J`s {7]¢ Ft' ` Mikael Isensee, Urban Conservationist, Dakota County Soil and Water Conservation District, silil., .r • • ,;,;i.u: , 651-480-7 81 Potential Volume Control Options for Chris Hastings 2 N 11 Raingarden 3 inches deep 12-14-07 i 659.4 a 2 861.1 Total Area = Minimum 150 square feet 5 e° Contributing Drainage = Minimum 500 51 square feet r T40 Volume Reduction = 38 cubic feet PROPOSED C 7 p t ff^ 6= 6627 ©686?.9 5 Estimated Cost = $14.00 per sq foot 8 9 u 4,1 I MiJ 22.00 0:12.00 ew'm Raingarden 1962.7- . cv as,.5 Sol= "GARAGE., r Calculations: 590 0.09333 42 2 S 1O J_ PROPOSED ° C a I a / j HOUSE m 8lorolenUon.;.. ::'SurbesMi t:[:. V ' 7•~1 r 2 40 86 .5 140.00/ aezo - r s # _9 - 9 00 deck 10700 a 0.25 39 1 270 Soil Ripping Minimum 2 feet deep Soil Ripping and Amendment Calculations: (TR-55 Urban Hydrology for Small Watersheds) Soil Amend Minimum 1" of Compost Existing RCN = 80 Total Area= 7,000 square feet Post Treatment RCN = 75 Volume Reduction = 28.4 cubic feet 1° rain event pre-treatment runoff volume = .08/12 *7,000 = 46.6 cubic feet Estimated Cost = $0.25 per sq foot I" rain event post-treatment runoff volume = .0312*7,000 = 18.2 cubic feet Total reduction = 28.4 cubic feet Y i 1y~. Mikael Isensee, Urban Conservationist. Dakota County Soil and Water Conservation District, ii ii!,. 651-480-7781 RaT.fM 04 January 15, 2008 To: The City of Eagan Re: Conditional Use Permit for new home construction on Englert Rd. In October of 2006, we purchased a lot in Eagan on Englert Rd (Lot 8 Block 1, Waters Edge) from McDonald Construction. At the time, McDonald disclosed that the city of Eagan had a 25% impervious surface restriction. However, they had a deal with the city that the percentage was cumulative for their entire development, so we had some additional room if needed, due to the fact that the model at the end of the development had a lot of extra yard space. We proceeded to work for the last year with McDonald to design our dream house and in December we were all set to start construction, but the city denied our building permits because of the size of the house. We were told that the main house could not be more than 20% of the lot and no more than 25% for all impervious surfaces. The house was approximately 21% and the total impervious surfaces were approximately 29.5 The city personnel has changed hands since the last home was built in the development, and there is no written record of the cumulative agreement between the city and McDonald construction. We understand the regulations, and we want to do what we can to get our house built. We have removed square footage from the garage so that the house is now 19.8%, and we changed the driveway a bit to get us to 27.1 % However, we do not have a way that makes us comfortable to get the additional 2.1 I have spent some time with some people at the city and county, most notably Pam Dudziak and Eric Macbeth with the City of Eagan and Mike Isensee with Dakota County who have been very helpful. My understanding from them is that the regulation is all about rain water runoff and its effects on the sewer system and local lakes, and we need to handle some of the rain water. We therefore would like to meet our requirements by performing a Soil Ripping and Amendment procedure to mitigate the runoff (see attached plans). We understand the need to. minimize the effect to the drainage and sewer systems and Mike Isensee at Dakota County Soil and Water Conservation performed an analysis for us. This process alone will reduce 28.4 cubic feet of runoff, which equates to roughly 800sq ft of impervious surface which gives us an equivalent total impervious surface of 21.5%. Additionally we will build a storm water irrigation system (see attached plans).. This system will account for the runoff of virtually the entire house and garage. Although I believe that we have met our requirements with the soil ripping and amendment process, we like this concept and want to include it in this permit so that future buyers will be required to keep the system. Finally, we amended our plans to include pavers for the sidewalk. This will also reduce the impervious surface by 112 Sq ft. It is my sincere hope that this is enough so we can build our house on our lot in Eagan. I have been a resident of Eagan for 13 years and I love the city. Our only other alternative is to sell the lot and buy one elsewhere and we really do not want to do that. Thank you, Christopher J. Hastings ,4E EIVE1 J JAN' l 6 2004 CD AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER MARCH 18, 2008 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. Approve EDA Minutes D. OLD BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Approve Sale of City Property at Cedar Grove Parkway and Gold Trail to Dakota County CDA for Youth Supportive Housing. E. NEW BUSINESS 1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT - Refer Northeast Eagan Redevelopment District TIF Review to City Council Finance Committee F. OTHER BUSINESS G. ADJOURN Agenda Information Memo Eagan Economic Development Authority Meeting March 18, 2008 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 Consent Agenda as presented or modified. 1. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the March 3, 2008 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the March 3, 2008 EDA meeting on pages-70--71 69 MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota March 3, 2008 A meeting of the Eagan Economic Development Authority was held on Monday, February 3, 2008 at the Eagan Municipal Center. Present were Commissioner Carlson, Commissioner Fields, Commissioner Bakken and Commissioner Tilley. President Maguire was absent. Commissioner Carlson presided as Acting President. Also present were Executive Director Hedges, Community Development Director Hohenstein, Public Works Director Colbert and City Attorney Bauer. ADOPT AGENDA Commissioner Tilley moved, Commissioner Bakken seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 CONSENT AGENDA Commissioner Tilley moved, Commissioner Fields seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay: 0 1. It was recommended to approve the minutes of the February 4, 2008 EDA meeting. OLD BUSINESS NORTHEAST EAGAN REDEVELOPMENT DISTRICT PUBLIC HEARING TO CONSIDER SALE OF PROPERTY LOCATED ON BLUE GENTIAN CIRCLE TO MCGOUGH DEVELOPMENT Community Development Director Hohenstein discussed the proposed sale of property located on Blue Gentian Circle. Acting President Carlson opened the public hearing. There being no public comment, she closed the hearing and turned discussion back to the Commission. Commissioner Tilley moved, Commissioner Fields seconded a motion to approve findings of fact, conclusions and resolution to sell city owned property located on Blue Gentian Circle to McGough Development (MG Eagan). Aye: 4 Nay: 0 NEW BUSINESS There were no New Business items. OTHER BUSINESS There were no Other Business items. Commissioner Bakken moved, Commissioner Fields seconded a motion to recess into an Executive Session to discuss the possible acquisition of the Oak Trust Credit Union building at 3880 Sibley Memorial Highway in the Cedar Grove Redevelopment District. Date Thomas Hedges, Executive Director Agenda Memo Eagan Economic Development Authority Meeting March 18, 2008 1. CEDAR GROVE REDEVELOPMENT DISTRICT - SALE OF PROPERTY LOCATED ON GOLD TRAIL TO DAKOTA COUNTY CDA ACTION TO BE CONSIDERED: To approve (or deny) findings of fact and resolution to sell city owned property located on Cedar Grove Parkway and Gold Trail to the Dakota County CDA for redevelopment purposes. FACTS: • As a part of the Cedar Grove redevelopment activities, the City and Dakota County CDA entered into a letter of intent for the sale of property the City had acquired at the intersection of Cedar Grove Parkway and Gold Trail for the planned construction of a twenty-four unit Youth Supportive Housing project. • The property is described as: LOT 6, BLOCK 1, LANGHOVEN PID#: 104445006201 (the "Property"). • The City also approved development plans for the project. • In order to permit implementation of the project, it is appropriate for the City to sell the CDA the property it has acquired. • Since the property would be acquired by another public agency that will develop it for the public purpose of providing supportive housing opportunities to people who would not otherwise be able to afford it, the consideration of the action does not require a formal public hearing or notice. • Under the purchase agreement, the CDA will purchase the property for its appraised value of $210,000. ATTACHMENTS: • Map depicting property to be sold on page-73 • Resolutions on pages? throughT • Purchase Agreement on pages 70 through Subject Parcel SilverBell:Rd l l -=a Cedar Grove=Redevelpo menjArea . V'(0 ~ =a 0 325 650 1,300 City of E8Q8D Feet Cedar Grove Redevelopment Area City Owned Gold Trail Property 73 CITY OF EAGAN RESOLUTION APPROVING SALE OF CITY OWNED PROPERTY TO DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY FOR REDEVELOPMENT IN THE CEDAR GROVE REDEVELOPMENT DISTRICT FOR PROPERTY DESCRIBED AS LOT 6, BLOCK 1, LANGHOVEN PID#: 104445006201 This matter came before the Eagan City Council (the "Council") at its meeting of March 18, 2008. The Council received and considered public comment; input from City staff; the Purchase Agreement between the City of Eagan and Dakota County CDA (the "Buyer"); together with all existing files, records and prior proceedings and material as presented to the Council. Based upon all the files, records and input which were presented at the meeting, the Council makes the following Findings of Fact and Resolution. FINDINGS OF FACT 1. The City, through its EDA, has acquired properties in the Cedar Grove Redevelopment District to facilitate public improvements and the redevelopment of the area to meet a range of residential and commercial development needs. In particular, the City acquired the parcel described as: LOT 6, BLOCK 1, LANGHOVEN PID#: 104445006201 (the "Property"). 2. The City previously executed a letter of intent to sell the property to the Dakota County Community Development Agency to be combined with a CDA parcel to support the public purpose of bringing about the development of a Young Adult Supportive Housing project. The City has also approved development plans for the construction of the project. 3. The City Council has determined the sale of said property to be consistent with the City's Comprehensive Plan. 4. The sale of the Property to the Dakota County CDA is in the best interests of the City and the TIF District and its people, and that the sale furthers its general plan of redevelopment. RESOLUTION BE IT RESOLVED by the Eagan City Council to approve the sale of real estate described as LOT 6, BLOCK 1, LANGHOVEN PID#: 104445006201 located in the Cedar Grove Redevelopment TIF District to the Dakota County Community Development Agency for redevelopment purposes and that the Mayor and City Clerk are hereby authorized and directed to execute said purchase agreement. Motion by: Second by: Those in Favor: Those Against: Dated at Eagan, Minnesota this 18th day of March, 2008. EAGAN CITY COUNCIL By: Mike Maguire Its: Mayor CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 18th day of March, 2008. Maria Petersen, City Clerk CITY OF EAGAN RESOLUTION APPROVING SALE OF CITY OWNED PROPERTY TO DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY FOR REDEVELOPMENT IN THE CEDAR GROVE REDEVELOPMENT DISTRICT FOR PROPERTY DESCRIBED AS LOT 6, BLOCK 1, LANGHOVEN PID#: 104445006201 This matter came before the Eagan Economic Development Authority (the "EDA") at its meeting of March 18, 2008. The EDA received and considered public comment; input from City staff; the Purchase Agreement between the EDA and Dakota County CDA (the "Buyer"); together with all existing files, records and prior proceedings and material as presented to the EDA. Based upon all the files, records and input which were presented at the meeting, the EDA makes the following Findings of Fact and Resolution. FINDINGS OF FACT 1. The City, through its EDA, has acquired properties in the Cedar Grove Redevelopment District to facilitate public improvements and the redevelopment of the area to meet a range of residential and commercial development needs. In particular, the City acquired the parcel described as: LOT 6, BLOCK 1, LANGHOVEN PID#: 104445006201 (the "Property"). 2. The City previously executed a letter of intent to sell the property to the Dakota County Community Development Agency to be combined with a CDA parcel to support the public purpose of bringing about the development of a Young Adult Supportive Housing project. The City has also approved development plans for the construction of the project. 3. The City Council has determined the sale of said property to be consistent with the City's Comprehensive Plan. 4. The sale of the Property to the Dakota County CDA is in the best interests of the City and the TIF District and its people, and that the sale furthers its general plan of redevelopment. RESOLUTION BE IT RESOLVED by the Eagan Economic Development Authority to approve the sale of real estate described as LOT 6, BLOCK 1, LANGHOVEN PID#: 104445006201 located in the Cedar Grove Redevelopment TIF District to the Dakota County Community Development Agency for redevelopment purposes and that the President and Secretary of the EDA are hereby authorized and directed to execute said purchase agreement. Motion by: Second by: Those in Favor: Those Against: Dated at Eagan, Minnesota this 18th day of March, 2008. EAGAN ECONOMIC DEVELOPMENT AUTHORITY By: Mike Maguire Its: President CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 18th day of March, 2008. Jon Hohenstein, Secretary/Deputy Executive Director -77 PURCHASE AGREEMENT This Purchase Agreement (this "Agreement") is made this day of , 2008, ("Effective Date") by and between the Dakota County Community Development Agency, a public body corporate and politic and a political subdivision of the state of Minnesota (hereinafter referred to as "Buyer"), and City of Eagan, (hereinafter referred to as "Seller"). WHEREAS, Seller is the owner of certain real property located in Dakota County, Minnesota, and legally described as follows: Lot 6, Block 1, Langhoven, according to the recorded plat thereof, Dakota County, Minnesota. (the "Property"); and, WHEREAS, Seller is willing to sell the Property to Buyer and Buyer is willing to purchase the Property from Seller upon the terms and conditions contained this Agreement. NOW, THEREFORE, in consideration of the mutual covenants in this Agreement and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Seller and Buyer agree as follows: 1. PURCHASE PRICE. The purchase price for the Property shall be $210,000.00. 2. PAYMENT AND PURCHASE PRICE. The purchase price shall be paid by the Buyer in cash or certified funds at Closing, plus or minus pro-rations or other adjustments made pursuant to the terms of this Agreement. 3. TITLE AND REMEDIES. Buyer has received Commitment No. DC07090036-C for a 1992 ALTA Owner's Policy of Title Insurance issued by Dakota County Abstract & Title Insurance Company ("Title"). Buyer shall have ten (10) days after the Effective Date for examination of title and the making of any objections thereto, said objections to be made in writing or deemed to be waived. If any objections are so made, Seller shall within ten (10) days, notify Buyer of its intent to proceed in a diligent manner to cure said objections prior to Closing. If notice of intent to cure is not provided, or, if notice is furnished but objections have not been cured within thirty (30) days of Closing, this Agreement shall be null and void, at the option of the Buyer, and neither Seller nor Buyer shall be liable for damages hereunder to the other. However, Buyer in its sole discretion may elect to waive its objections and proceed with the purchase as contemplated by this Agreement. Said "I i? objections, together with any Commitment exception to which Buyer made no objection, shall be deemed "Permitted Exceptions" to the Warranty Deed to be provided by Seller. 4. REAL ESTATE TAXES. The property is currently tax exempt and there are no taxes payable in 2008. 5. SPECIAL ASSESSMENTS. Buyer shall be responsible for and shall assume any pending special assessments against the Property. Seller shall be responsible for and shall pay at closing all assessments levied against the Property as of the Effective Date of this Agreement. 6. CLOSING. The "Closing" shall take place on or before December 31, 2008 (the "Closing Date"), at the offices of Title located at 7373 147`x' Street West, Apple Valley, Minnesota, or such other place as is mutually agreed upon by the parties,time being of the essence. 7. OBLIGATIONS AT CLOSING. At Closing: a. Seller shall: i. Execute and deliver a Limited Warranty Deed conveying marketable title to the Property to the Buyer, free and clear of any liens and encumbrances, and including Well Certification statement in accordance with Minnesota law but subject to the following: (A) Building and zoning laws, ordinances, state and federal regulations; (B) Restrictions relating to use or improvement of the Property without effective forfeiture provisions; (C) Drainage and utility easements which do not interfere with existing improvements; (D) Reservation of any mineral rights by the State of Minnesota; and (E) the Permitted Exceptions; ii. Pay all costs for issuance of the Commitment; iii. Execute and deliver an Affidavit of Seller indicating the absence of judgments, mechanic's liens, bankruptcy, etc.; and other affidavits and documents required by Title to eliminate standard or preprinted exceptions in the Commitment; iv. Pay the state deed tax; 2 19 v. Pay one-half of any closing fee charged by the title company; and vi. Any satisfactions or releases necessary to clear any mortgages, liens, contracts or encumbrances of any kind which remain on the Property at Closing except as to those items accepted or waived by Buyer pursuant to provisions herein. b. Buyer shall: i. Make the necessary payments required under paragraph 2 of this Agreement; ii. Pay all recording fees and charges relating to the filing of the Limited Warranty Deed; iii. Pay the title insurance premium&, if any; and iv. Pay one-half of any closing fee charged by the title company. 8. NOTICES. All notices and demands given or required to be given by any party hereto to any other party shall be deemed to have been properly given if and when delivered in person, the next business day after being sent by reputable overnight commercial courier (e.g. U.P.S or Federal Express) sent by facsimile (with verification of receipt) or three (3) business days after having been deposited in any U.S. Postal Service and sent by registered or certified mail, postage prepaid, addressed as follows (or sent to such other address as any party shall specify to the other party pursuant to the provisions of this Section): To Buyer: Dakota County Community Development Agency Attn: Lori Zierden 1228 Town Centre Drive Eagan, MN 55123 With a copy to: Katherine M. Holmes Holmes & Associates LTD Two Carlson Parkway, Suite 155 Minneapolis, MN 55447 To Seller: City of Eagan Attn: Jon Hohenstein, Community Development Director 3830 Pilot Knob Road Eagan, Minnesota 55122 3 With a copy to: Robert B. Bauer, City Attorney Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 9. HEADINGS. The headings contained in this Agreement are for convenience only and are not intended to define or limit the contents of this Agreement. 10. GOVERNING LAw. This Agreement shall be deemed to be a contract under the State of Minnesota and for all purposes shall be construed and enforced in accordance with the laws of such State. 11. HEIRS, SUCCESSORS AND ASSIGNS. The terms, conditions and covenants in this Agreement shall extend to, be binding upon, and inure to the benefit of the respective heirs, successors and assigns of Seller and Buyer. 12. DEFAULT. a. Buyer's Remedies. If Seller shall fail to consummate this Agreement for any reason except Buyer's default or the termination of this Agreement pursuant to a right to terminate given herein, Buyer shall have the right to terminate this Agreement as its sole and exclusive remedy. b. Seller's Remedies. If Buyer shall fail to consummate this Agreement for any reason except Seller's default or the termination of this Agreement pursuant to a right to terminate given herein, Seller shall have the right to cancel this Agreement, pursuant to Minnesota Statutes Section 559.21, as Seller's sole and exclusive remedy. 13. COMMISSION. Seller and Buyer each warrant and represent to the other that neither has engaged any broker or agent in connection with this Agreement, or incurred the costs of any commission, fee or like charges in connection with the transaction herein. 14. ENTIRE AGREEMENT, MODIFICATIONS, ADDITIONAL ACTS. This Agreement constitutes the complete agreement between the parties regarding the transactions contemplated herein and supersedes any prior oral or written agreements regarding the Property. This Agreement may be amended only by written instrument executed by both Buyer and Seller. Buyer and Seller agree that they will, at any time as may be reasonably required to effect the provisions of this Agreement and upon written request of the other party, do, execute or acknowledge future acts or documents. 4 Is I 15. CONDITION OF CONSUMMATION OF THE TRANSACTION. Prior to Closing, Buyer shall receive from Seller approval of its Development Agreement for the Property. 16. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same document. IN WITNESS WHEREOF the parties have executed this Agreement and it shall be valid as of the date that Buyer signs the Agreement. SELLER: BUYER: CITY OF EAGAN, DAKOTA COUNTY COMMUNITY a Minnesota municipal corporation DEVELOPMENT AGENCY, a public body corporate and politic and a political subdivision of the State of Minnesota By: By: Mike Maguire Mark Ulfers Its: Mayor Its: Executive Direct B y: Maria Petersen Its: Clerk 5 C)~ Agenda .Memo Eagan Economic Development Authority Meeting March 18, 2008 1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT - REVIEW OF TIF DISTRICT STATUS ACTION TO BE CONSIDERED: To direct a review of the status of the Northeast Eagan Redevelopment District TIF District to the City Council Finance Committee for consideration. FACTS: • The redevelopment program for the Northeast Eagan Redevelopment District was partially completed in advance of the five year rule in that the Grand Oaks X redevelopment was completed and property has been acquired and development plans have been approved for the Blue Gentian Corporate Center project. • A portion of that part of the district south of Hwy 55 has been redeveloped through the unassisted development of the U-Line office warehouse, but the City and prospective developers were not able to come to terms for the assembly and redevelopment of the remainder of the district south of Hwy 55. • City staff and representatives of Ehlers, the City's development finance consultant, are in the process of reviewing the status of the district and its obligations to date. Staff would request the opportunity to overview this analysis with the Finance Committee to determine whether any alterations should be considered in the district moving forward. Any recommendations of the Committee that may result from the review would be brought back to the EDA and Council at a later date. ATTACHMENTS: • None 83 Agenda Information Memo Eagan Economic Development Authority Meeting March 3, 2008 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting.