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05/07/2002 - City Council RegularAGENDA EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING May 7, 2002 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA Z A. APPROVE MINUTES ~ ` B. PERSONNEL ITEMS C. RATIFY check registers for April 18, 2002, Apri126, and May 2, 2002 D. APPROVE proclamation proclaiming May 16, 2002 as Employer Appreciation Day E. APPROVE submission of Local Collaborative Time Study (LCTS) grant applications and acceptance of awarded funds ',/ F. APPROVE 2002 Commercial Fertilizer License renewal ~~G. SET public hearing date for June 4, 2002 to certify delinquent false alarm bills H. SET public hearing date for June 4, 2002 to certify delinquent weed cutting bills '~ I. DECLARE bicycles, unclaimed property and miscellaneous City property to be surplus J. APPROVE temporary malt liquor license for Eagan Lions Club for Fourth of July celebration (July 2-4, 2002) ~ K. APPROVE temporary liquor license for Eagan Foundation for a wine tasting event on May 23, 2002 L. RECEIVE Bids and award contract for Contract 02-09 (Central Parkway -Street & Utility Improvements) a M. AMEND contract award for Contract 02-11, Dodd Road South (Street & Utility Improvements) N. APPROVE plans /specs and authorize advertisement for bids for Contract 02-08 (Kennerick Addition -Storm Sewer Improvements) ~O. AUTHORIZE solicitation for Requests for Proposals for Design and Contract Management Services, Project 868 (Coachman Water Treatment Facility -Expansion} P. AMEND pending assessment roll, Project 800R (Cedar Grove -Access Modification and Streetscaping) Q. AMEND contract award for Contract 02-04, Skyline Road (2002 City-Wide Trail Improvements) ~R. APPROVE plans and authorize advertisement for bids for Contract 02-15A (Community Center Site -Storm Sewer Improvements) ~~5. APPROVE Final Subdivision and Final Planned Development, and Vacation of Easements - Blue Ridge Fourth Addition - CSM Corporation T. APPROVE Final Subdivision, Natures Edge -Manley Land Company s U. APPROVE Final Subdivision, Sunset 13''' Addition - Millerville, Inc. V. APPROVE Final Subdivision, Verdant Hills 3`d Addition -Robert Julik APPROVE Final Subdivision and Final Planned Development, Summit Hill -Delta Development APPROVE extension for the recording of YMCA 2"d Addition - JBL Companies Y. APPROVE acquisition of south portion of Langstraat property on Deerwood Drive Z. APPROVE new 2002 Tree Contractor Licenses ~AA. APPROVE Change Order Number Two -Eagan Community Center I~BB. RECEIVE bids, award contract for Contract O 1-12A (July Storm Mitigation -Landscaping Improvements) V. 6:30 -PUBLIC HEARINGS P/! ~ A. VARIANCE -Rick Skluzacek. A variance request to exceed the 20 percent lot coverage allowed in a residential district by two percent on Lot 10, Block 2, Lexington Square 7`~ Addition, located at 1000 Kettle Creek Road in the NW '/< of Section 23. B. ISSUANCE of YMCA of Greater St. Paul Revenue Bonds ~C. CERTIFICATION of delinquent utility bills CERTIFICATION of clean up at 4391 Garden Trail / WELL HEAD protection inventory notification O F. PROJECT 813, Central Parkway (Streetscaping) Eagan City Council Agenda May 7, 2002 Page 2 VI. OLD BUSINESS I ~~. VARIANCE - GERALD R. BULL -Reconsideration of a Variance request of two percent to the maximum 20 I percent lot coverage allowed in a single family residential zoning district for Lot 3, Block 1, Majestic Oaks Second Addition, located at 4557 Majestic Oaks Place in the SE '/, of Section 25. p,~~B. CONTRACT O1-OS (Cedar Grove Access Modifications /Beau D'Rue/Silver Bell Road -Street & Utility Improvements) -approve plans and authorize advertisement for bids. ~/ ~~ C. CHANGE ORDER NO. 2 for Contract 01-13 (July 2000 Storm Mitigation Improvements -Fairway Hi11s/Parkview Golf Course). P„~ 9 D. DISPOSITION Outlot A, Pine Tree Forest- City of Eagan ~, S3 E. REQUEST FOR RECONSIDERATION of Comprehensive Guide Plan Amendment to change the land use designation on Lot 3, Block 1, Blackhawk Plaza, from RC (Retail Commercial) to MD (Medium Density Residential - 4 to 12 units per acre) located at 4150 Blackhawk Road in the SW '/, of Section 19. -Mark Gergen ~/5^~. PLANNED DEVELOPMENT AMENDMENT -COLLIERS TOWLE REAL ESTATE - A Planned Development Amendment to amend the signage area on Lot 2, Block 2, Oakview Center, located at 3090 Courthouse Lane in the NW '/, of Section 12. VII. NEW BUSINESS p~~A. CONDITIONAL USE PERMIT -MARGARET A. MACRAE. A Conditional Use Permit to allow a kennel on Lot 3, Block ], Skyview Addition, located at 4940 Dodd Road in the SW '/< of Section 36. /,,B. CONDITIONAL USE PERMIT -A.L.M. INC. A Conditional Use Pemut to allow an add~t~onal drive-through service lane on Lot 1, Block 1, Town Centre 70 Third Addition (Burger King), located at 1275 Town Centre Drive in the NW '/, of Section 15. ~, ~~. CONDITIONAL USE PERMIT - 935 ALDRIN, LLC. - A Conditional Use Permit to allow the outdoor storage of warehouse products on Lot 2, Block 1, Eagandale Corporate Center No. 3, located at 935 Aldrin Drive in the SE %, of Section 11. ~D. INTERIM USE PERMIT - PAHL'S MARKET, INC. - An Interim Use Permit to erect two temporary greenhouses for the growth and sale of plants on property located on the southwest corner of Dodd Road and Cliff Road in the NW '/, of Section 36. ~a~y E. COMPREHENSIVE GUIDE PLAN AMENDMENT - DIEDRICH BUILDERS, INC. - A Comprehensive Guide Plan Amendment to amend the land use designation of approximately five acres from Retail Commercial to MD- Medium Density Residential (4-12 units /acre) for property located on the north side of Diffley Road across from Metcalf Jr. High School in the SW '/< of Section 19. F. ORDINANCE AMENDMENT -CITY OF EAGAN. An Ordinance Amendment amending Chapter 11 entitled "Land Use Regulations (Zoning)" Sec. 11.10, Subd. 5 Accessory Building and Structures concerning maximum square footage, height, and roof pitch and style of detached accessory structures. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ADMINISTRATIVE AGENDA A. Comments by City Council, City Administrator, and Department Heads X. ADJOURNMENT P~y~I. ECONOMIC DEVELOPMENT AUTHORITY XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. EXECUTIVE SESSION 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. * This agenda is subLct to change. ~~j~ city of eagan MEMO MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 3, 2002 SUBJECT: •AGENDA INFORMATION FOR MAY 7, 2002 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the May 7, 2002 City Council agenda, the following items are in order for consideration. Agenda Information Memo May 7, 2002 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 April 16, 2002 regular City Council meeting, the April 16, 2002 Listening Session and the April 9, 2002 special City Council workshop as presented or modified. ATTACHMENTS: Minutes of the April 16, 2002 regular City Council meeting are enclosed on pages 3 through ~. Minutes of the April 16, 2002 Listening Session are enclosed on page / D . Minutes of t e April 9, 2002 special City Council workshop are enclosed on pages through a MINUTES OF A REGULAR MEETING OF THE ~~ ~~ EAGAN CITY COUNCIL Eagan, Minnesota Apri116, 2002 A regular meeting of the Eagan City Council was held on Tuesday, Apri] 16, at 6:30 p.m. at the Eagan Municipal Center. Present were Councilmembers Bakken, Carlson, Fields and Tilley. (Mayor Awada arrived at 7:30) Also present were City Administrator Tom Hedges, Planner Pam Dudziak, Director of Public Works Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary/Deputy Clerk Mira McGarvey. AGENDA Councilmember Bakken recommended that an item be added to the Consent Agenda regarding the location of the 4~' of July celebration. City Administrator Hedges recommended adding the approval of hiring Tom Garrison as Communications Director; and adding the addition of a Parks and Recreation Clerical Position to Item B. Personnel, of the Consent Agenda. He also recommended that discussion regarding reconsideration of a variance request by Jerry Bull be added as item B under Old Business. Councilmember Bakken moved, Councilmember Tilley seconded a motion to add the suggested items to the agenda. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: 4 Nay: 0 RECOGNITIONS AND PRESENTATIONS VOLUNTEER APPRECIATION -CITY COMMISSION/COMMITTEE MEMBERS City Administrator Hedges stated the City Council would like to express their gratitude for the many volunteers that thoughtfully give of their time to the City of Eagan. He also stated that a picnic for Eagan commission members will be hosted by the City on June 6, 2002 at Blackhawk Park.. Councilmember Carlson moved, Councilmember Tilley moved to adopt a resolution declaring April 22 through April 28, 2002 National Volunteer Recognition week and thank the many Eagan volunteers, including Eagan's commission members for their dedication to the City of Eagan. Aye: 5 Nay: 0 CONSENT AGENDA City Administrator Hedges requested that Item B, Personnel, be pulled from the Consent Agenda for discussion. Councilmember Carlson moved ,Bakken seconded item B. A. Minutes. It was recommended to approve the minutes of the Apri12, 2002 regular city Council meeting and the Apri12, 2002 Listening Session. B. Personnel Items. 1. It was recommended to approve the hiring of Sean Smith as a Volunteer Firefighter. 2. It was recommended to approve the hiring of Anthony Casalenda and Jon Steining as seasonal park maintenance workers. 3 Eagan City Council Meeting Minutes April 16, 2002 Page 2 DRAFT 3. It was recommended to approve the hiring of Dan Vogel and Cass Pfender as part-time seasonal lifeguards for Cascade Bay. 4. It was recommended to approve the hiring of Megan Lindwall, Lindsay Howe, Stephanie Doerfler, Elise Cirelli and Alex Phillips as part-time seasonal guest relations workers for Cascade Bay. 5. It was recommended to approve the hiring of Ben Millmann, Anne Weston, Nick Csargo, Christine Nord, Kelly Craven and Paul Maloney as part-time seasonal lifeguards for Cascade Bay. 6. It was recommended to approve the hiring of Lori Jorgenson as part-time seasonal operations/maintenance worker for Cascade Bay. 7. It was recommended to accept the letter of resignation from Jerold Frevel, Building Inspector. 8. It was recommended to approve the 2002 pay scale for Cascade Bay. 9. It was recommended to approve the hiring of Tom Garrison as the City's Communications Director. lO.It was recommended to approve the attached funding scenario to provide resources to add a regular full-time clerical position in the Parks and Recreation Department. C. Ratif~Check Re isters. It was recommended to ratify the check registers dated Apri14, 2002 and April 11, 2002 as presented. D. Space Dav Proclamation. It was recommended to approve a proclamation declaring May 2, 2002 Space Day in the City of Eagan. E. Kennel License. It was recommended to approve a new Kennel License for Four Paws Pet Resort, 4020 Old Sibley Memorial Highway. F. Extension - Recording_CUP. It was recommended to approve an extension of time to record a Conditional Use Permit for Qwest Wireless Services for property located at 3665 Sibley Memorial Highway in the SW '/< of Section 17. G. 2002-2007 Parks and Recreation CIP. It was recommended to approve the 2002-2007 Parks and Recreation CIP. H. Contract 02-14. It was recommended to receive the bids for Contract 02-14 Moonshine Park, and award contract to Frattalone Paving for the base bid of $80,374.80. Also authorize the Mayor and City Clerk to execute all related documents. I. Arbor Dav Proclamation. It was recommended to acknowledge Eagan as the recipient of the 2001 Tree City USA award and Growth Award from the National Arbor Day Foundation, and approve the Arbor Day Resolution setting Saturday, May 4 as Arbor Day and May, 2002 as Arbor Month in the City of Eagan. J. Contract -Lifeworks Services. It was recommended to approve renewal of a one-year contract with Lifeworks Services Inc. for janitorial services in designated park buildings, and authorize the Mayor and City Clerk to sign the appropriate documents. K. City Auction. It was recommended to schedule the Eagan City Auction for 10:00 a.m. on Saturday, May 18, 2002, at the Eagan Maintenance Facility, 3501 Coachman Road. L. Proiect 751R. 1t was recommended to approve an Easement Agreement for Project 751R (Dodd Road, Cliff Road to Butwin Road -Street, Utility and Trail Improvements) with the owners of Parcel 10-83500-010-01 and authorize the mayor and City Clerk to execute all related documents. M. Project 751R. It was recommended to approve an Easement Agreement for Project 751R (Dodd Road, Cliff Road to Butwin Road -Street, Utility and Trail Improvements) with the owners of Parcel 10-20900-033-04 (4832 Dodd Road) and authorize the Mayor and City Clerk to execute all related documents. N. Contract 02-10. It was reconunended to receive the bids for Contract 02-10 (Dodd Road - Diffley Road to Wescott Road Street & Utility Improvements), award the contract to Valley Eagan City Council Meeting Minutes April 16, 2002 Page 3 DRAFT Paving, Inc., for the base bid only in the amount of $1,731,016.93 and authorize the Mayor and City Clerk to execute all related documents. O. En ing Bering Consultant Contract. It was recommended to approve Engineering Consulting Agreements and authorize the Mayor and City Clerk to execute all related documents. P. Contract 01-12. It was recommended to approve Change Order No. 1 to Contract 01-12 (July 2000 Storm Mitigation Improvements) and authorize the Mayor and City Clerk to execute all related documents. Q. BCBSM Draft AUAR. It was recommended to approve the Draft AUAR, for the BCBSM Master Campus Plan, for distribution per MN State Statute. R. Vendors -Community Center. It was recommended to award bids for the Community Center to selected vendors. S. Funding Options for Storm Miti atg ion. It was recommended to formally accept and approve the recommendation of the Finance Committee to advance funds from the Water and Sanitary Sewer Trunks Funds to finance the balance of the storm sewer mitigation improvement costs not paid for by the State Grant and to schedule a review of the status of all trunk funds at a time closure to ultimate build out of the City's infrastructure systems. T. Commercial Fertilizer License Renewal. It was recommended to approve a Commercial Fertilizer License renewal for Total Lawn Care, 3099 65`~ Street, Inver Grove Heights, MN. U. Contract 02-17. It was recommended to approve the Proposal for Professional Services and authorize the preparation of detailed Plans and Specifications for Contract 02-17, Streetscaping and Lighting (Cedar Grove and Central Parkway.) V. Project 751R. It was recommended to approve an Easement Agreement for Project 751R (D9odd Road, Cliff Road to Butwin Road -Street, Utility and Trail Improvements) with the owners of parcels 10-20900-032-04 and 10-20900-040-04 (4835 South Robert Trail) and authorize the Mayor and City Clerk to execute all related documents. W. National Day of Prayer. It was recommended to proclaim Thursday, May 2, 2002 as National Day of Prayer. X. 4~' of Julv Celebration. It was recommended to rescind a previous vote to hold the 4''' of July celebration at Central Park. Y. 4`'' of July Celebration. It was recommended to change the location of the 4`~ of July celebration to Sky Hill Park. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as amended. Aye: 4 Nay: 0 City Administrator Hedges introduced Tom Garrison who was selected as the City of Eagan's first Communications Director. The Council welcomed Mr. Garrison who expressed his appreciation for the opportunity to work with the Council and staff. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve Item B of the Consent Agenda. Aye: 5 Nay: 0 PUBLIC HEARINGS VARIANCE -DAKOTA COUNTY (860 CLIFF ROAD IN LEBANON HILLS REGIONAL PARK) City Administrator Hedges introduced this item regarding a request for a variance to allow an 85 foot building setback from Schultz Lake at 860 Cliff Road. Planner Dudziak gave a staff report. Acting Mayor Fields opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. s Eagan City Council Meeting Minutes April 16, 2002 Page 4 DRAFT Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Variance to allow an 85 foot building setback from Schultz Lake on parcel ID #10-03500-010-01 in the N.E. '/< of Section 35. Aye: 4 Nay: 0 PROJECT 858, SIBLEY TERMINAL INDUSTRL~I, PARK STORM SEWER IMPROVEMENTS City Administrator introduced this item regarding the continuance of Project 858 (Sibley Terminal Industrial Park -Storm Sewer Improvements). Acting Mayor Fields opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Bakken seconded a motion to continue Project 858 (Sibley Terminal Industrial Park- Storm Sewer Improvements) indefinitely. Aye: 4 Nay: 0 OLD BUSINESS ORDINANCE AMENDMENT -CHAPTER 4, SECTION 4.32 - SEDIMENT AND EROSION CONTROL City Administrator Hedges discussed this item regarding the Advisory Parks Commission recommendations to adopt land disturbance and erosion control regulations into the City Code. Councilmember Bakken moved, Councilmember Fields seconded a motion to adopt Land Disturbance and Erosion Control Regulations into the City Code and approve amendments to relevant existing sections of the City Code. Aye: 4 Nay: 0 VARIANCE RECONSIDERATION -GERALD BULL City Administrator Hedges discussed a request by Gerald Bull for reconsideration of a variance previously denied by the City Council. He explained that the requested variance size has been reduced. Councilmembers indicated that re-notification of neighboring property owners would be made and consideration would be given to their support or opposition of the revised variance request. Councilmember Tilley moved, Councilmember Carlson seconded a motion to reconsider a variance request for Gerald Bull at the May 7, 2002 City Council meeting. Aye: 4 Nay: 0 NEW BUSINESS PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDMSION (WOODGATE COVE) - RHB, INC. City Administrator Hedges introduced this item regarding a rezoning to Preliminary Planned Development (PUD) and a preliminary subdivision for eight single-family lots to be located west of Woodgate Lane and north and south of Highline Trail. Planner Dudziak gave a staff report. 6 Eagan City Council Meeting Minutes April 16, 2002 Page 5 DRAFT Councilmember Bakken stated that the final PUD should have a clear expiration date and a plan for what should occur at the time the PUD expires. He stated he felt the most logical scenario would be for the PUD to convert into the zoning that matches whatever is actually built. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a rezoning to Preliminary Planned Development for eight single-family lots with a private street on approximately 2.2 acres located west of Woodgate Lane and south of the Highline Trail in the SE'/4 of Section 29, subject to the following conditions: Aye: 4 Nay: 0 1. The property shall receive final subdivision/pIat approval prior to building permit issuance. 2. The applicant and/or developer shall enter into a Final Planned Development Agreement wit the City. The following exhibits are required for the Final Planned Development Agreement. • Final Site Plan • Final Landscape Plan • Final Building Elevations Plan • Final Site Lighting Plan 3. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a homeowners' association. The documents should be submitted and approved by the City Attorney's office prior to final subdivision approval. Transfers of common areas to the homeowners' association shall be recorded with the subdivision. 4. The minimum required front yard setback is 20 feet from the curb on a private cul-de-sac. A 30 foot minimum setback is required from Woodgate Lane, and within the development the applicant is proposing side and rear yard setbacks consistent with R-1 zoning -ten -foot side yard setbacks for the house and five feet for the garage, and 15 foot rear yard setbacks. Decks must also adhere to these minimum setbacks. 5. Each unit shall provide atwo-stall garage as a minimum. 6, Building coverage shall not exceed 20% of the lot area for any lot within the development. 7. The developer shall submit the final building elevations and exterior materials and colors with the Final Planned Development. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve a Preliminary Subdivision to create eight single-family lots and two outlots on approximately 2.5 acres located west of Woodgate Lane, north and south of the Highline Trail in the SE '/4 of Section 29, subject to the following conditions: Aye: 4 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: A1, B1, C1, C2, D1 and E1. 2. The property shall be platted. 3. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a homeowners' association. The documents should be submitted and approved by the City Attorney's office prior to fmal subdivision approval. Transfers of common areas to the homeowners' association shall be recorded with the subdivision. 4. The developer shall dedicate adequate drainage and utility easement over the existing sanitary sewer and storm sewer pipes within Outlot B. 5. This development shall fulfill its tree preservation mitigation through the installation of thirty-four (34) category B trees (or an equivalent combination of category A and/or category C trees). Eagan City Council Meeting Minutes April 16, 2002 Page 6 DRAFT Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the drip line or at the perimeter of the critical root zone, whichever is greater, of significant trees/woodlands to be preserved on-site. The applicant shall contact the City Forestry Division and set up apre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved tree preservation plan and placement of the tree protection fencing. COMPREHENSIVE GUIDE PLAN AMENDMENT (MARK GERGEN} City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to amend the land use designation of approximately 3.30 acres from RC-Retail Commercial to MD-Medium Density Residential for property located at 4150 Blackhawk Road. Planner Dudziak gave a staff report. Councilmember Tilley moved to direct staff to submit the Comprehensive Guide Plan Amendment for Lot 3, Block 1, Blackhawk Plaza, to the Metropolitan Council for review and comment located at 4150 Blackhawk Road (Interstate 35E and Diffley Road) in the SW '/4 of Section 19. There was no second to the motion. Motion failed. Mayor Awada arrived at 7:30. Councilmembers discussed their concerns regarding the proposed higher density in comparison to the neighboring properties, tax base, excessive rezonings from commercial to residential zoning designations and their desire to see a proposed plat prior to approval of a rezoning for the property in question. Mark Gergen, applicant, discussed his plans for a townhome development. Councilmembers provided direction to Mr. Gergen regarding their expectations for the property. Councilmember Bakken moved, Councilmember Carlson seconded a motion to deny a Comprehensive Guide Plan Amendment for Lot 3, Block 1, Blackhawk Plaza located at 4150 Blackhawk Road (Interstate 35E and Diffley Road) in the SW '/4 of Section 19. Aye: 4 Nay: 1 Councilmember Tilley opposed. PRECINCT BOUNDARIES AND POLLING LOCATIONS/LEGISLATIVE REDISTRICTING City Administrator Hedges discussed this item regarding new precinct boundaries and polling locations. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a resolution establishing new precinct boundaries and polling locations and reestablishing existing precinct boundaries and polling locations. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA FLY-OVER TO DETERMINE DEER POPULATION City Administrator Hedges discussed the need for and the costs involved to conduct afly-over to determine the deer population in Eagan. 8 Eagan City Council Meeting Minutes April 16, 2002 Page 7 DRAFT Councilmember Bakken moved, Councilmember Fields seconded a motion to direct staff to allocate the necessary cost to pay for afly-over of the City of Eagan during the winter of 2002-2003 to determine an estimated deer population and contact those neighborhoods to report this action Aye: 5 Nay:0 EAGAN CHARTER COMMISSION EXPENDITURES Director of Administrative Services VanOverbeke explained a report regarding the Charter Commission 2001 expenditures. He noted an incorrect item in the report regarding newspaper ads which was actually a 2002 expenditure. He stated he would be requesting a refund from the Charter Commission for the balance of the $1500 provided by the City for 2001. ADJOURNMENT The meeting adjourned at 8:00 p.m. into an Executive Session to consider collective bargaining. Date Deputy City Clerk 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) 681-4600, (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. VISITORS TO BE HEARD Margo Danner suggested an improvement be made to the notification of residents regarding their correct precinct and voting locations. She suggested that maps be posted at each site indicating the boundary lines for the precincts. 9 ~~a~T MINUTES OF A LISTENING SESSION OF THE EAGAN CITY COUNCIL APRIL 16, 2002 6:00 P.M. The Eagan City Council held a Listening Session on April 16, 2002 at 6:00 p.m. Jack Conrad, representing "Friends of Patrick Eagan Park" requested Council's support for a survey of Eagan residents to determine if there is support for acquiring additional greenspace in the City. Council directed staff to schedule discussion of this issue at the May 14, 2002 Council work session. John Campbell expressed his concern regarding sidewalks on major streets in the City that are not snow plowed. Councilmembers explained the City's snowplowing policy. Neil Black, along with a group of residents from Gramercy Park were present to encourage the Council to approve the street improvement of Quarry Road to Coachman Road. Public Works Director Colbert explained the plans for the area. Judd Schethan expressed concern over an excessive amount of garage sales in his neighborhood. He requested that Council consider an ordinance amendment that would limit the number of garage sales an individual could have per year. Council directed staff to schedule a discussion of this issue at the May 14, 2002 work session. Raleigh Selig discussed the proposed location of the July 4`h celebration. Council agreed to reconsider their previous site selection at the regular City Council meeting. Don Olson expressed concern regarding the redevelopment of Westcott Square and the proposed Mary Jo Copeland project. The meeting adjourned at 6:30. Respectfully submitted, Mira McGarvey Administrative Secretary /Deputy City Clerk ~o DRAFT MINUTES OF A SPECIAL CITY COUNCIL WORKSHOP OF THE EAGAN CITY COUNCIL TUESDAY APRIL 9, 2002 MUNICPAL CENTER COMMUNITY ROOM 5:00 P.M. Present: Mayor Awada, Councilmembers Bakken, Carlson, Fields and Tilley, City Administrator Hedges, Director of Administrative Services VanOverbeke, Parks and Recreation Director Vraa, Superintendent of Recreation Asfahl, Cascade Bay Manager Hunter, Public Works Director Colbert, Assistant City Administrator Verbrugge, City Clerk Karels, and Intern to the City Administrator Lord. I. ROLL CALL AND AGENDA ADOPTION Councilmember Fields moved, Councilmember Carlson seconded a motion to approve the agenda as amended to include three additions to other business: volunteer recognition, streetcape lighting, and monitoring of the deer population. Aye: 3 Nay 0 (Councilmembers Bakken and Tilley were not yet present) II. VISITORS TO BE HEARD There were no visitors to be heard. III. VOLUNTEER RECOGNITION The Council directed staff to host a cookout at Blackhawk Park on Thursday, June 6 to recognize and thank the Eagan commission members for their spirit of volunteerism and for all of the assistance they have provided to the City Council. Letters will be sent to each commissioner. The Council will formally thank the volunteers of Eagan at the April 16 City Council meeting in honor of Volunteer Appreciation Week. IV. STREETSCAPE LIGHTING Councilmember Bakken arrived. The Council discussed the streetlight fixtures for Central Park. The Council asked that the lighting features in Central Park be the same as those used for the other streetscaping plans in the City. Council directed Public Works Director Colbert to send Councilmembers Carlson and Fields the catalogue of lights for their review. The streetscaping subcommittee (Councilmember Fields and Councilmember Carlson (substituting for the Mayor)), will meet to discuss the light fixtures at SPM on Tuesday April 16, prior to the City Council meeting. The recommendation of the subcommittee will be brought to the City Council for their consideration. // DRAFT 4/9/02 Special Council Minutes Page 2 V. DEER POPULATION Councilmember Tilley arrived. City Administrator Hedges informed the Council of calls the City has received in regard to the deer population. Council directed staff to contact the DNR to inquire about the cost of doing a flyover to determine the deer population. The Council directed City Administrator Hedges to bring back the cost estimate to the April 16 City Council meeting in order to action on the item at that time. VI. FUNDING OPTIONS FOR STORM MITIGATION City Administrator Hedges informed the Council that the City's Finance Committee (Mayor Awada and Councilmember Tilley) met the morning of Apri19 to review options for financing the balance of the stone mitigation improvements beyond the $5 million provided by the State grant. The Council discussed funding options and listened to the recommendations of the Committee. Mayor Awada moved, Councilmember Tilley seconded a motion to transfer $2 million from the sanitary sewer trunk fund, and in order to pay the balance of unfunded projects, $1-1.5 million from the water reserve fund should be allocated to pay for the remaining storm mitigation project costs. Aye: 5 Nay: 0 Mayor Awada noted, and the Council agreed, that if the City needs to pay back the money in the future, the payback can be considered at that time. VII. UPDATE/DIRECTION RE: DARE FUNDING AND SPECIAL REQUEST BY ISD 191 City Administrator Hedge presented the Council with a letter from the Superintendent of ISD 191, Benjamin J. Kanninen, asking that the City of Eagan consider aone-time waiver of fees paid by the District to the City for provision of DARE and School Resource Officer (SRO) programming. The Council discussed the programming, and noted the importance of the Dare program. Mayor Awada moved, Councilmember Fields seconded a motion to provide funding for DARE instruction at Rahn Elementary for the 2002/2003 school year, and not accept the requested loss of SRO funding from the crime levy for the 2002/2003 school year. Aye: 5 Nay: 0 Councilmember Fields noted that the City should only subsidize the DARE program for one year. /z DRAFT 4/9/02 Special Council Minutes Page 3 VIII. SUBCOMMITTEE UPDATE ON LOCATIONS FOR SOCCER FIELDS City Administrator Hedges presented the Council with a map of potential sites for soccer fields in Eagan. The soccer fields subcommittee (Mayor Awada and Councilmember Fields) stated that they will be meeting with the Cities of Inver Grove Heights and Rosemount to discuss a possible joint soccer field complex between the three cities. The subcommittee will have an update for the Council at the next workshop. IX. PART II 2002-2007 PARKS C.I.P. Per the direction of the Council at the March 11 Special City Council work session, the six (6) year Parks CIP was brought to the Council for additional review. The Council discussed the CIP and concluded that they would only approve the 2002 CIP, rather than approving five years out. Councilmember Carlson moved, Councilmember Fields seconded a motion to: • Direct the APrC to list both "Holz Farm Master Plan" and "Soccer fields" as pending until further cost figures and information is obtained on each of the items. • Direct staff to prepare the 2002 Parks CIP for action at the April 16 Council meeting. • Reaffirm the direction for the APrC to look at the long-term viability and revenue sources for parks, particularly when the City is no longer receiving park dedication revenues from developer fees. Aye: 5 Nay: 0 X. REVIEW PROPOSALS FOR CHANGES IN PRECINCT BOUNDARIES City Administrator Hedged briefed the Council on the work that staff has done on reviewing the precinct boundaries, and noted Councilmember Bakken's assistance in the process. Councilmember Bakken presented his suggestions for the precinct locations to the Council. Councilmember Tilley voiced concern over Councilmember Bakken's participation, and noted that she would prefer staff alone make the recommendations for any changes. Councilmember Carlson stated that the purpose of the changes is to make it easier for residents to get to their voting locations, and that the changes do not effect elections. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve Northwest option 1 and Southwest option 1. Aye: 5 Nay: 0 /3 DRAFT 4/9/02 Special Council Minutes Page 4 Council directed that the precinct changes be presented for ratification at the April 16, 2002 City Council meeting. XI. REVIEW PROPOSALS FOR CASCADE BAY STROLLER POLICY Per the direction of the City Council at the April g listening session, the Cascade Bay stroller policy was directed to the April 9 workshop. The Council discussed options for bringing strollers to Cascade Bay. An Eagan resident was present to speak to the Council about her hope that strollers will be allowed in Cascade Bay. The Council directed staff to research how many strollers could be stored if a designated space was made available under the slides. Council also directed Parks and Recreation Director Vraa to develop sample stroller policies. The Council directed staff to present the research and policies at the first Council workshop in May. Mayor Awada departed. XII. REVIEW WESCOTT SQUARE REDEVELOPMENT PROPOSALS Per the direction of the Council at the March 19 City Council meeting, further consideration of the Wescott Square Redevelopment Proposals was continued to the Apri19 workshop. The City Council reviewed the two proposals that were submitted-- CommonBond Communities and JS Partnership. Dave MacGillvray and Bruce Kimmel of Springstead Incorporated presented a comparison of the two proposals that were submitted and recommended that the City Council move ahead with one developer and then have the chosen developer provide a detailed financial plan. Doug Mayo of CommonBond Communities and Jeff Johnson and John Sowers of JS partnership presented a synopsis of their respective proposals to Council. Citizens in attendance asked questions of both CommonBond and JS Partnership regarding their plans for Wescott Square. Members of MICA spoke to the City Council requesting that CommonBond Communities be chosen as the developer. The City Council discussed the two proposals noting that it is the Council's desire to keep Wescott Square affordable. Additionally, the Council voiced their opinion that they did not want to convert half of Wescott Square to market rate housing, as was suggested by JS partnership. Councilmember Bakken moved, Councihnember Tilley seconded a motion to designate CommonBond Communities as the preliminary preferred developer for Wescott Square. Aye: 4 Nay: 0 (Mayor Awada was not present) Council noted that when the research on the financial plans from CommonBond come back to the City, a public hearing will be held prior to CommonBond formally be /y DRAFT 4/9/02 Special Council Minutes Page 5 approved as the developer. The Council asked that notification of the public hearing be bilingual, and recommended that staff contact Patience Ferguson for information on which languages to include in the notice. Council also directed that the current owners of Wescott Square be noticed about the public hearing. XIII. UPDATE RE: AIRPORT BLUE RIBBON COMMITTEE Mayor Awada returned. Assistant City Administrator Verbrugge briefed the Council on the recommended framework for the new MSP Airport Noise Oversight Committee (MANOC). The City Council directed Assistant City Administrator Verbrugge to proceed ahead in promoting MANOC. XIV. ADJOURNMENT The meeting adjourned at 9:30 PM. The meeting adjourned at 9:20 PM. Date XII. ADJOURNMENT City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tapes, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55]22, 651-681-4600, (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. /s Agenda Information Memo May 7, 2002 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Criminal Analyst-- ACTION TO BE CONSIDERED: To approve the hiring of Evan Marshall as a Criminal Analyst in the Police Department. Item 2. Clerical Tech III/Parks & Recreation-- ACTION TO BE CONSIDERED: To approve the hiring of a person to be named as a Clerical Tech III in the Parks & Recreation Department. FACTS: • Interviews were held for the Clerical Tech III position in the Parks & Recreation Department. • A decision is expected by late Friday or early Monday at which time the selected applicant will be notified. • The name of the person hired will be included in the Additional Information packet on Monday. Item 3. Seasonal Park Maintenance Workers-- ACTION TO BE CONSIDERED: To approve the hiring of Alexis Drews, Lynn Streefland, Jeffrey Brooker, Delbert Keene, Anthony Davis, Jennifer Vo, Allen Wachter and Nicole Marxer as park maintenance workers. Item 4. Seasonal Ballfield Attendant-- ACTION TO BE CONSIDERED: To approve the hiring of Frank Kocer as a seasonal ballfield attendant. Item 5. Seasonal Forestry Technician-- ACTION TO BE CONSIDERED: To approve the hiring of Marc Verbova as a seasonal forestry technician. Item 6. Seasonal Horticultural Technicians-- ACTION TO BE CONSIDERED: To approve the hiring of Richard Runde, Tiffany Babich and Janna Gilbertson as seasonal horticultural technicians. /~ Agenda Information Memo May 7, 2002 Eagan City Council Meeting Item 7. Part-time Seasonal Concessions Workers-- ACTION TO BE CONSIDERED: To approve the hiring of Jasmine Abdullah, Alyxandria Bazber, Christopher Buntjer, Melissa Buntjer, Meghan Doherty, Erik Johnsen, Gabrielle Johnson, Christie Mason, Michael Mason, Jill Mathews, Ben Menne, Katie Nelson, Justin Nelson, Rachel Nygaard, Alexander Phillips, Conor Pierce, Erin Severson, Lindsay Severson, Jessica Sjoberg, Amber Stevenson, Joe Wavrunek and Julie Wavrunek as part-time seasonal concessions workers. Item 8. Resignation/Clerical Technician III/Community Development-- ACTION TO BE CONSIDERED: To accept the letter of resignation from Jenny Burwell, Clerical Tech III in Community Development. Item 9. Resignation/Assistant Civic Arena Manager-- ACTION TO BE CONSIDERED: To accept the letter of resignation from Chadd Benson, Assistant Civic Arena Manager. /9 Agenda Information Memo April 16, 2002 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated April 18, 2002, Apri126, 2002 and May 2, 2002 as presented. ATTACHMENTS: Check registers dated April 18, 2002, Apri126, 2002 and May 2, 2002 are enclosed without page number. /8 Agenda Information Memo May 7, 2002 CONSENT AGENDA: D. APPROVE proclamation proclaiming May 16, 2002 as Employer Appreciation Day. ACTION TO BE CONSIDERED: Approve the proclamation proclaiming May 16, 2002 as Employer Appreciation Day. FACTS: Correspondence was received from the Dakota County Economic Development Partnership regarding the job fair that they will be hosting at the Eagan Civic Arena on May 16, 2002. In order to honor the many employers that participate in the job fair, the Dakota County Economic Development Partnership requested that the Eagan City Council proclaim May 16, 20002 as Employer Appreciation Day. ATTACHMENTS: Attached without page number is correspondence that was received by the City from the Dakota County Economic Development Partnership. Also attached without page number is the proclamation proclaiming May 16, 2002 as Employer Appreciation Day. /9 Agenda Information Memo May 7, 2002 Eagan City Council Meeting E. APPROVE SUBMISSION OF LOCAL COLLABORATIVE T'IlVIE STUDY (LCTS) GRANT APPLICATIONS AND ACCEPTANCE OF AWARDED FUNDS ACTION TO BE CONSIDERED: APPROVE submission of Local Collaborative Time Study (LOTS) funds to continue to support Youth Development Programs. ff granted, APPROVE acceptance of funds. FACTS: • The City of Eagan has submitted grant applications for LCTS funds with the ISD 197 for three years. These funds have helped support Youth Development programs at Quarry Park. Approximately $20,000 has been approved each year. • This year three applications are being submitted. All of these applications are targeted are "at-risk youth /latchkey kids", families on low-income /restricted budgets, families in isolated neighborhoods and high density living communities in ISD 197: 1) $10,000 to be used as scholarship funds for recreation programs offered by the City of Eagan. In addition to the target populations highlighted above this application also includes singles and senior households on a restricted budget. 2) $19,996 is being requested for youth development collaborative after school recreation opportunities at Pilot Knob Elementary. 3) $20,000 is being requested for youth development collaborative summer and school year programming based out of Quarry Park. (i.e. summer in the park, camps, teen drop in activities /service, trips and after school teen programming during the school year. • If the grants are awarded, Council is asked to concurrently approve acceptance of funds. ATTACHMENTS: • None ~ Applications are available for review upon request. ~o AGENDA INFORMATION MAY 7, 2002 CONSENT AGENDA: ITEM F: 2002 COMMERCIAL FERTILIZER LICENSE RENEWAL ACTION TO BE CONSIDERED: Approve 2002 Commercial Fertilizer License for S&S Tree Specialist, 405 Hardman, S. St. Paul, MN. FACTS: • The application for renewal has been reviewed by staff and deemed acceptable ai Agenda Information Memo May 7, 2002 Eagan City Council Meeting G. SET PUBLIC HEARING DATE FOR JUNE 4, 2002 TO CERTIFY DELINQUENT FALSE ALARM BILLS ACTION TO BE CONSIDERED: To set a public hearing for June 4, 2002 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. FACTS: On asemi-annual basis, the City reviews and considers delinquent false alarm balances for certification to property tax statements for collection. The City currently has 19 delinquent accounts in the amount of $2,895. Additional information will be provided at the time of the public hearing. H. SET PUBLIC HEARING DATE FOR JUNE 4, 2002 TO CERTIFY DELINQUENT WEED CUTTING BILLS ACTION TO BE CONSIDERED: To set a public hearing for June 4, 2002 to consider the final assessment of the delinquent weed cutting bills and certify them to Dakota County for collection with property taxes. FACTS: • On asemi-annual basis, the City reviews and considers delinquent weed cutting balances for certification to property tax statements for collection. • The City currently has 6 delinquent accounts in the amount of $1,027.40. Additional information will be provided at the time of the public hearing. as Agenda Information Memo May 7, 2002 I. DECLARE BICYCLES, UNCLAIMED PROPERTY AND MISCELLANEOUS CITY PROPERTY TO BE SURPLUS ACTION TO BE CONSIDERED: To declare bicycles, unclaimed property and miscellaneous City property to be surplus and sold at the City auction on May 18, 2002. FACTS: Throughout the year, the City acquires a variety of unclaimed, stolen property and retires certain City equipment for a variety of reasons. State law permits the sale of these items to the highest designation as surplus property. Prior to the designation of surplus property, a list of items is circulated to all departments and, if there remains any public use of the property, it is reallocated to the appropriate department rather than being sold. ATTACHMENTS: • 2002 auction item list on pages ~ through as 2002 CITY OF EAGAN AUCTION LIST 1 Album with misc. cards PD 2 Green old ba with woods, irons, utter PD 3 Golf ball retriever PD 4 Green olf ba w/woods & clubs PD 5 Black umbrella PD 6 Hart downhill skis PD 7 Bike frame PD 8 Silver 'ewelr PD 9 Brown urse PD 10 Brown/tan urse PD 11 Crib sheets PD 12 Polo 'eans 42 X 34 PD ] 3 Nautica 'eans 42V/ PD 14 Ral h Lauren 3X shirt PD 15 Fubu XL windsuit PD 16 A olio lam , 2 rimer tables, Nextel batte , 2 books PD 5 k s. Trans azencies, bookba 17 Cake an, candle, make-u PD 18 Misc. hardware PD 19 2 CDs PD 20 2 slee shirts PD 21 Baldwin ke ed entr lock set PD 22 Col ate Act I brush & brush re lacements PD 23 5 acka es of Braun brush heads PD 24 2 acka es of Casio E-Z label cartrid es PD 25 2 Gamebo Gamelink PD 26 Coin Purse PD 27 Son video 8 camcorder w/case and accessories PD 28 Sh tJX-500 fax machine PD 29 DVD "The Matrix" PD 30 25 X 94 ru PD 31 Laz a floor ru PD 32 2 bath towels, 4 hand towels, 1 washcloth PD 33 Knife & block set PD 34 Electric can o ener PD 35 25 ellow old rin s, 33 white old rin s, 4 ellow old PD Necklaces, 3 bracelets 36 16 white old necklaces, 9 ellow old necklaces PD 37 6 watches PD 38 5 belt buckles, 29 bracelets, 8 rin s, 20 tie tacks, 39 PD a~ bracelets, 11 cufflinks, 75 car rin s, ?necklaces, 50 ieces of misc. 'ewel 39 3 herrin bone old necklaces, 4 necklaces, 3 bracelets, 6 PD earrin s, 4 bracelets, 2 necklaces, 6 earrin s, 85 rin s, 67 bracelets, 15 broaches, 162 necklaces, 20 earrin s, 20 ieces misc. 'ewe , 25 felt 'ewe holders 40 1 ladies watch and 1 cket watch PD 41 6 air sun lasses PD 42 6 air sun lasses PD 43 ~ Black back ack PD 44 Black tennis shoes PD 45 Little Lea a Louisville slu er bat PD 46 Sun lasses PD 47 Women's blue to , a ants, black sweater PD 48 104 VHS movies PD 49 39 music CDs, 3 VHS movies, 1 football, 20 AAA PD batteries, 1 electronic tic tac toe ame & 1 Bazbie CD la er 50 Panasonic VHS video camera w/accessories PD 51 Black ba PD 52 Brown calendaz notebook PD 53 Bracelet & several necklaces PD 54 2 old colored rin s PD 55 4 ens PD 56 7 X 50 binoculars PD 57 Motorola cell hone PD 58 Son cell hone PD 59 2 Motorola talkabout radios PD 60 Ericsson cell hone PD 61 Palm II unctuation calculator PD 62 Daiwa fishin reel PD 63 Daiwa fishin reel PD 64 Wire cutters PD 65 Channel wrench Pd 66 8 rin s PD 67 Ma avox s Bakers -1 air PD 68 Son video cassette recorder PD 69 Son remote PD 70 ~ Toolbox w/misc. tools PD 71 Son cell hone PD 72 Mitsubishi cell hone PD 73 Motorola a er PD 74 Ada ter for hone PD 75 Blue 'Bans size 38 PD 76 Tomm 'Bans size 50 PD aS• 77 2 a ers pD 78 1 a er pD 79 1 air silk rennin ants pD 80 1 air blue c enter 'eans PD 81 1 black waist len 'acket PD 82 1 Qualcomm cell hone PD 83 S rin cell hone w/chaz er, case, lu -in PD 84 1 a er PD 85 1 a er PD 86 Leather 'acket PD 87 Black down 'acket PD 88 Hoover steam vac lus PD 89 Label maker, 9 flo disks, or anizer, mouse ad, PD Windows 95 book, Windows 95 for Dummies, 2 Ericsson cell hones 90 Pa enet a er PD 91 Phase 2 leather coat PD 92 Black hi len h leather 'acket PD 93 Fubu 'ean 'acket PD 94 2 ba s women's clothin and misc. items PD 95 Misc. ~ewelr PD 96 Sheets & illowcases PD 97 Gold colored bracelet w/pink heart PD 98 Ericsson cell hone PD 99 Ram a e am PD 100 Black urse, wallet and earrin s PD 101 Pe si s orts ba PD 102 Black travel ba PD 103 Hammer & flashli ht PD 104 M. Julian leather coat PD 105 One old rin PD 106 Gold chain PD 107 RCA VCR PD 108 Nike 'acket PD 109 Pioneer auto CD la er w/face late box PD 110 Blacks orts ba PD 111 1 air blue eans PD 112 1 air blue 'eans ~ PD 113 Skechers men's shoes 8 '/Z M PD 114 1 air Levi's 'eans 27X27 PD 115 1 air Levi's 'eans 31X30 PD 116 1 air Levi's 'eans 31X30 PD 117 1 air Dockers ants -blue PD 118 I air Dockers ants -tan PD 119 1 air Dockers ants -blue PD a~ 120 1 air Dockers ants -tan pD 121 Tire ressure au a pD 122 O timus caz stereo pD 123 Son CD Walkman pD 124 Red calculator pD 125 H draulic 'ack PD 126 Movado men's watch PD 127 Jans ort back ack PD 128 Stroller, two seater pD 129 Fishin rod PD 130 Fishin tackle PD 131 Gold rin PD 132 Gra bike rack PD 133 Razor scooter PD 134 Pentax camera PD 135 Ram a e CD stereo receiver PD 136 Bowlin ba and ball PD 13 7 Tin sni s PD 138 Ericsson cell hone PD 139 Lawnbo lawnmower PD 140 Old mini-scooter PD 141 Kitchen items PD 142 3 corn Palm III PD 143 Bike frame PD 144 Bowlin ball and ba PD 145 Jans ort back ack PD 146 Ladder PD 147 Scooter PD 148 Down jacket PD 149 Plastic Snoo y PD l50 Plastic cand cane PD l 51 Bab Jesus lawn ornament PD 152 Plastic cand cane PD 153 Pioneer CD caz stereo PD 154 Al ine CD caz stereo PD 155 Bike rack PD 156 l0 air hoses, 2 ermacoils, 4 outlets, 6 brackets, 1 bottle PD brake fluid 157 1989 Chevrolet ick-u a~ 1 Dell O tiPlex 466/NIXe Com uter, Model DPM Radio Room S/N 6Y1B7 2 Dell ke boazd, Model SK-100REV Radio Room S/N M951147055 3 Dell Monitor, Model D1428-HS S/N 2922CN152B5 Radio Room 4 Panasonic KXP3123 Dot Matric Printer Radio Room S/N 4CMCCA31425 5 ATT 6386/25 com uter, Model CPU311 Radio Room S/N P70109949 6 ATT Keyboazd Radio Room 7 ATT Monitor Model CRT324 Radio Room 8 ATT monitor, Mode12224C Modem Radio Room S/N 91P028812576 9 ATT 570 Dot Matric rinter Radio Room 10 Cleaz si al 1200VA standb ower su 1 Radio Room S/N P0401012283 11 Motorola modem, model V3229 S/N 19414504 Radio Room 12 Penril modem, model P2432-01 S/N 9379 Radio Room 13 Penril modem, model P2432-01 S/N 12129 Radio Room 14 Di icom RDC-97 radio controller S/N 090-045 Radio Room 1 Railin s, motor and arts fora aza a door o ener Parks 2 Cou le of allets of 4" and 6" fire hose Pazks 3 One-man dirt tam er Parks 4 Vicon fertilizers reader Parks 5 Co machine Pazks 6 Four boxes of the Parks 7 2 X 3 ma file Pazks 8 2 x 3 steel shelf Pazks 1 Bear en ine anal er Asset 2372 Streets 2 Craftsman cordless drill Streets ag 1 Sh calculator with tae Ci Hall Sho 1 12 tables 36"X36" with vin 1 to and vin 1 ed a Maintenance 2 Vin 1 added chair with arms Maintenance 3 8 wood chairs Maintenance 4 34 lastic stackin chairs Maintenance 5 Rotex label maker Maintenance 1 3 Intellicom Lon Links Interface Connectors IT 2 5 '/o" diskette holder IT. 3 6 A/B switch boxes IT 4 1 Ba ech Print Master (Asset 3027 IT 5 1 bi disk holder IT 6 2 diskette holders (3 column bins) IT 7 3sub-woofers IT 8 2 sets s Bakers IT 9 2 Intel downlinks IT 10 1 HP Jet direct cazd IT 11 1 3Com link builder IT 12 1 Fat Client Hub IT 13 1 CPU cadd IT 14 TU5200 Toshiba la to IT 15 . Miscellaneous software IT 16 2 Laser Jet cartrid es IT 17 3 Learn Lotus 1-2-3 IT 18 Book -Learn to Im rove Your Writin IT 1 Set of kitchen cabinets ~ Pazks Maint. 1 Miscellaneous office accessories and calculator En ' eerin a9 Agenda Information Memo May 7, 2002 J. APPROVE TEMPORARY MALT LIOUOR LICENSE FOR EAGAN LIONS CLUB FOR FOURTH OF JULY CELEBRATION (JULY 2-4, 2002) ACTION TO BE CONSIDERED: To approve a temporary malt liquor license for the Eagan Lions Club and waive the $25.00 license fee. FACTS: The Eagan Lions Club has requested a temporary malt liquor license be issued to them for the Fourth of July celebration, July 2-4, 2002. The application form has been submitted and deemed in order by staff. The Eagan Lions Club is requesting that the $25.00 license fee be waived. ATTACHMENTS: • Application and letter enclosed without page number. 30 Agenda Information Memo May 7, 2002 K. APPROVE TEMPORARY LIOUOR LICENSE FOR EAGAN FOUNDATION FOR A WINE TASTING EVENT ON MAY 23, 2002 ACTION TO BE CONSIDERED: To approve a temporary on-sale liquor license for the Eagan Foundation and waive the $150.00 license fee. FACTS: • The Eagan Foundation has requested a temporary on-sale liquor license be issued to them for a wine tasting event planned for May 23, 2002. The charitable event is being held to raise funds for the various projects of the Eagan Foundation and to honor those who have made major donations to the Foundation projects in recent years. • The application form has been submitted and deemed in order by staff. The Eagan Foundation is requesting that the $150.00 license fee be waived. Following Council approval, the application will be forwarded to the Department of Public Safety/Liquor Control Division for their approval. ATTACHMENTS: • Application and letter enclosed without page number. 3/ Agenda Information Memo May 7, 2002 Eagan City Council Meeting L. CONTRACT 02-09, CENTRAL PARKWAY STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: To receive the bids for Contract 02-09 (Central Parkway Phase II/Central Park Site -Street, Utility Improvements), award the contract to Ingram Excavating for the bid in the amount of $825,041.35, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On March 19, 2002, the City Council authorized the street and utility improvements for the remaining portion of Central Parkway (City Project No. 790R) from Yankee Doodle Road to Pilot Knob Road. • On April 2, 2002, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 02-09. • At 10:30 a.m. on May 2, formal bids were received for this project. A copy of the bid summary is enclosed. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid from Ingram Excavating has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Bid Summary, page 3~ Central Parkway City of Eagan Project No. 790R City Contract No. 02-09 Bid Date: May 2, 2002 Bid Time: 10:30 AM Contractor Total Base Bid Ingram Excavating, Inc. $ 825,041.35 Max Steininger, Inc. $ 889,000.00 Bituminous Roadways, Inc. $ 918,752.85 F.M. Fratalone Excavating & Grading, Inc. $ 931,125.85 C.S. McCrossan Construction, Inc. $ 939,305.80 Feasibility Study Estimate $ 970,111.50 Over (+) Under (-) Engineer's Estimate -15.0% Engineer's Estimate $ 1,050,070.95 Over (+) Under (-) Engineer's Estimate -21.4% 33 Agenda Information Memo May 7, 2002 M. CONTRACT 02-11, DODD ROAD, CLIFF RD TO BUTWIN RD ACTION TO BE CONSIDERED: Approve Amendment to Award of Contract 02-11 (Dodd Road, Cliff Road to Butwin Road -Street, Utility and Trail Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 02-11 .provides for the urban upgrade of Dodd Road, between Cliff Road and Butwin Road, including sanitary sewer, water main, storm sewer and off-street bituminous ' trails, and a street connection between Dodd Road and TH 3 along Carol Street as outlined and discussed in the feasibility report for Project 751R. • The proposal and specifications for the contract were prepared with an Alternate Bid for the grading of a storm water sediment basin and storm sewer improvements within Lebanon Hills Regional Park to allow the Council flexibility in the award of the improvements based upon the uncertainty of the Dakota County Board's approval of the improvements and acquisition of the necessary easement. • On March 19, 2002, the City Council awarded Contract 02-11 to Northdale Construction Co., Inc., in the amount of $1,474,325.30. Alternate Bid No. 1 was not included in the award due to the lack of the necessary easement from Dakota County. • It is anticipated that the Dakota County Board will approve the necessary easement at their Board meeting on May 7, 2002. If, for some reason they do not approve the easement as planned, this item should be removed from the Council's list of action items and continued to a future meeting. • The additional work under this amendment to the contract award is to be completed under the original bid unit prices. • The amendment to the contract award has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The amendment provides for an additional cost of $68,128.05, increasing the contract amount to $1,542,453.35. The cost of the additional work will be the responsibility of the City Trunk Storm Sewer Fund. 3~ Agenda Information Memo May 7, 2002 N. CONTRACT 02-08, KENNERICK ADDITION STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: To approve the plans for Contract 02-08 (Kennerick Addition -Storm Sewer Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, May 30, 2002. FACTS: Contract 02-08 provides for the construction of a storm sewer outlet pipe from Pond HDP-1 to serve the Kennerick Addition and additional adjacent properties, as outlined and discussed in the feasibility report for Project 806. On June 5, 2001, the City Council held a public hearing for Project 806. After staff presentation and testimony from affected property owners, the Council approved the project and authorized preparation of detailed plans and specifications. The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. ISSUES: • All the easements necessary to proceed with this work have not yet been obtained. If they have not been fully acquired by the time of the Council's consideration of contract award, the bids will be rejected and the contract cancelled until a later date. .3s Agenda Information Memo May 7, 2002 Eagan City Council Meeting O. PROJECT 868, REQUEST FOR PROPOSALS - COACHMAN WATER TREATMENT PLANT (EXPANSION ACTION TO BE CONSIDERED: Authorize the solicitation of Request for Proposals for Design services for Project 868, Coachman Water Treatment Plant (Expansion). FACTS: • Project 868 provides for the expansion and retrofitting of the Coachman Water Treatment Plant. This work will expand the plant's capacity from 12 million gallons per day (MGD) to 21 MGD and conforms to the City's Comprehensive Water Supply and Distribution Plan. This project has also been identified in the City `s 5-year Capital Improvement Program (CIP) since 1998. • The expansion of this facility is necessary to accommodate the remaining 7+ wells yet to be developed in the City's north well field necessary to meet our growing community's increasing water supply demands. This project will also update the current facility to meet current technology, safety and water quality treatment standards as well as provide for additional administrative space for the Utility Maintenance Division. • On March 19, the City Council authorized the Howard R. Green firm to assist the City in preparing a Scope of Services (SOS) and a formal Request for Proposal (RFP) to use in the solicitation of professional design firms. These documents have been completed and are ready for distribution. It is proposed that the RFP solicitation will be limited to approximately 6 renowned firms (3 local and 3 national) due to the complexity of this particular project. After a review of the RFP submittals by a staff committee, up to 3 firms will be interviewed with a recommendation being forwarded to the Council for formal approval at the July 2 Council meeting. It is planned to complete the design in time for construction to begin in the Spring of 2003 with completion by fall of 2004 3L Agenda Information Memo May 7, 2002 P. PROJECT 800R, CEDAR GROVE ACCESS MODIFICATIONS ACTION TO BE CONSIDERED: Approve Amendment to Pending Assessment Roll for Project 800R (Cedar Grove Access Modifications -Street Intersection Reconfiguration & Streetscaping) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On April 2, 2002, the City Council modified and then approved Project 800R, Cedar Grove Access Modifications. The original proposed improvements indicated in the feasibility report, consisted of the reconfiguration of Silver Bell Road, from TH 13 to Beau D'Rue. Additional improvements include the combining of the intersections of Cedarvale Boulevard and Beau D'Rue, a new traffic signal at this new intersection, associated utility improvements and Streetscaping. • As part of the approval of Project 800R, the City Council deleted all of the improvements associated with Trunk Highway (TH) 13, including the six-lane expansion and dual Left turn lanes referenced in the feasibility report. The City Council also stipulated as to the revenue sources for the remaining aspects of the street improvements and right of way acquisition. • The deletion of the TH 13 improvements and the revision of the revenue sources significantly reduced the proposed special assessments to the impacted properties. • With the reduction of the assessable improvements and their related revenue sources, the pending assessment for each of the individual parcels has been subsequently significantly reduced. • The amendment provides for a reduction of the total original assessment amount of $10,080,425 indicated in the feasibility report to $3,189,600. • It would be appropriate for the Council to officially amend the pending assessment roll to reflect the reduced pending assessment obligation on the affected properties. ATTACHMENTS: • Revised Pending Assessment Roll, pages ~8 and ~~ c 0 o 0 0 o e a o 0 0 0 0 0 0 o e o 0 u ? ~ fh of M OD CO M ~ ~ V N W a0 ~ 00 R 'cf ~ ~ N ~ O COO r o0 CNO t~D CNO CEO CAD ~ Cn0 CO ~ CNO d ~ d Q) E ~ ~ M o M M ~ n O 00 oo ,~„ ~O N M n ~O N 00 oo 00 a O o~ Q o0 00 0~ .., ~ o0 o v O M h n M N ~ d, O~ Vl d\ M 00 O^ N O~ ~D . N N O 9 ~ M. v ~ ~ -w ~ Vi ~ K vi N ~D 9 N cA s ~ ~ cfi 5 Cr9 K K fA Cr9 C A c ~y N Q M N O d M ONO v71 V~j R ~ Q ~ Q ~O O v1 O v1 O v~ O ~ 'ef Vi N 00 N M ~D ~O o0 ~ O ~~ N y 7 Q~ R O M N N - M O O M N M N M N M O M O M O M O Q ~D M M O CT ~ ~ ~ 7 ~ N M Q O ~ O N 4Q5 yN9 yOq i,.f Q K Q 4f 'V 45 V1 CA h 69 V1 G9 v1 K of Vf ~ T ~sf 1~ cs~ O~ cs~ ~ 4 y Q a w li7 U Z Q Z a ~ ~ U ~ Q Y >- N s d N N a ~ a ~ a "' ~ a c i ~ w w ~ z m o y m >- ~ c ~ ~ ~ c c c h O c ~ ~ c O a O a U U Q c m ~ Q m U m `" m 0. ' o`°o ~ C7 m ~ ~ ~ ..] .c. 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CONTRACT 02-04, CITYWIDE TRAIL IMPROVEMENTS/ SKYLINE ROAD TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Amendment to Award of Contract 02-04 (Citywide .Trail Improvements/ Skyline Road Trail Improvements), and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On February 5, 2002, the City Council authorized the plans, specifications and bid solicitation for the bituminous trail improvement adjacent to the north side of Skyline Road from Highridge Terrance to the Highview Park, as outlined and discussed in the feasibility report for Project No. 857. However, the City Council delayed approving this project until all interested residents collected and submitted funds to cover the assessable cost of the trail construction (in accordance with the City Special Assessment Policy). • Subsequent to the City Council meeting on February 5, the interested residents submitted direct payment ($3,366) to the City for the assessable cost of the improvement. The payment was in the form of 31 personal checks in the amount of $102/ check and 1 personal check in the amount of $204. • Contract 02-04 provides for the bituminous overlay of existing trails along various collector and arterial roadways throughout the City, as outlined and discussed in the feasibility report for Project No. 861. • The proposal and specifications for Contract 02-04 were prepared to allow the Council flexibility in the award of the trail improvement along Skyline Road, based on the uncertainties of the funding of the improvements. • On March 19, 2002, the City Council awarded Contract 02-04 to Bituminous Roadways, Inc. in the amount of $70,461. • The additional trail work along Skyline Road under this amendment to the contract award is to be completed under the original bid unit prices. • The amendment to the contract award has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The contract amendment provides for an additional cost of $9,413, increasing the contract amount to $79,874. The cost of the total improvement (contract plus estimated 20% indirect costs) will be covered by the funds already collected from the participating residents ($3,366) with the Park Site Small Project Fund financing the remainder ($7,854) The Advisory Parks & Recreation Commission has allocated the necessary funds for the related costs for the portion of the trail improvement within Highview Park. ~f3 Agenda Information Memo May 7, 2002 Eagan City Council Meeting R. CONTRACT 02-15A, COMMUNITY CENTER STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: To approve the plans for Contract 02-15A (Community Center Storm Sewer Improvements) and authorize the advertisement for a bid opening to be held at 11:30 a.m. on Thursday, May 16, 2002. FACTS: Contract 02-15A provides for the construction of the storm sewer pipe system within the Community Center site, as authorized by the City Council March 6, 2001 with approval of the Central Park Master Plan. The storm sewer construction is separated from the Community Center parking lot construction to expedite the overall work necessary to complete the site. The plans and specifications for the storm sewer work on the Community Center site have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. ~Y Agenda Information Memo May 7, 2002, Eagan City Council Meeting S. EASEMENT VACATION, FINAL PLANNED DEVELOPMENT, AND FINAL SUBDIVISION (BLUE RIDGE FOURTH ADDITION) - CSM PROPERTIES. INC. ACTIONS TO BE CONSIDERED: To approve a Vacation of Public Drainage and Utility Easements on Lot 1, Block 1, & Lot 2, Block 2, Blue Ridge Second Addition located at 2945 Lone Oak Drive in the SW '/4 of Section 1. To approve a Final Planned Development to allow the construction of a 54,000 square foot office/showroom/warehousebuflding on property located at 2945 Lone Oak Drive in the SW '/4 of Section 1. To approve a Final Subdivision (Blue Ridge Fourth Addition) to create two lots on property legally described as Lot 2, Block 2, Blue Ridge Second Addition, located south of Lone Oak Drive (2945 Lone Oak Drive) in the SW'/a of Section 1. FACTS: • On April 17, 2001, the City Council approved a Planned Development Amendment and Preliminary Subdivision to subdivide a 20.7 acre parcel into two lots with conditions. • The subject property was originally platted as Lot 2, Block 2, Blue Ridge Second Addition in 1989. • On Apri13, 2001, the City Council continued any action for consideration of the easement vacation to be concurrent with the final plat approval of the Blue Ridge Fourth Addition. • A 54,000 sq. ft. office/showroom/warehouse building is proposed for Lot 1 of this development. An existing 77,000 sq. ft. office/warehouse building is located on the proposed Lot 2. • All necessary documents are to be executed by the City Council meeting. ATTACHMENTS (3) Easement Vacatio ap, page Final Plat, page Site Plan, page to,~ ys Remaining 10' (5'+5' ) of prior vacated easement ( to be vacated) -~ Blue Ridge 2nd Addition Fig. L1, Blk 1 & L2, Blk 2 a-2-o~ City of Eagan Easement Vacation ~ ONE OA K PK~~ ~O Z~ O \ ~~ O Lot 1 ~TERS ROAD ~ ~ ~ --------~~~~/ I Lot 2 I Block 1 25' Drainage 8~ utility easement /- (to be vacated ) L-`a. v =i ~_ ~ •• ~~3 oY 33 ~ S ~ ~~ ~~ ~:~ ~`: a ~~ `~ ° a ' ys !} ¢ ~~ € ~~ ~~ x I ' ~ a r----------------------- i ` ~ I ~• ~ + 11 Ir _ _ - -~ roiv-+- I I I' ( 1~i ~ seroow~~~~ y ~ ~~~ ~ ~~ la~ I I I~ I II I II Zit -` ~~ ~ T~ 1 1r I ' I 1 ~: ~r ~ ~~~z I .I I -rf ~i I I ICr~~ I }; i ~ ~ ',~i 11~&:fi I r` N }:~ I ~I 1= I~I i z~ } I,I ! I ~ i ~ .. I I /~ I I ~# I' I I /~y ~ ~~~~ ~~~ I 1 ~ I 1 I ~ ~ I I 1 I .I/! III ~ ~.^ ~~ 1`'!I III `, I ,~gl III _ ... ~. - . _ _ < .mot i~ ~ Lr __- _ __ _ _ . _ _ ~~ `` .1 '' a; Ir~ I }-{ I- mop I f a a L_ is r.i. Ji c5 t• _ ~, I ~~ I p :~ 11 ~ S~ ,\ ~~ ~` ~ i ~ ,~ ,-'~-' ~:, f ~ ~ ~ r f1l ~~ i~i~ 3 I w3s~~s 1 ~ ~ ^\ ~ ~~~• ey i ~ ~ / ~~ 1 ~ ' . ~ ~ ~ I ~ /~ .~ ~ Ir ~ ~ ~4j `\ / /l OO -- / ~ 1 // ~ `/ 1 / / I` 1111 t~ / i; ~ - ,,,r } ,/ <~~ ~ l~ - i , ~ t. / I ~ } J 1~ ~ ~ l~ i r '~ \ / ~ Ie a I , I ~ ~ .~ ~ ~/~ / I `I a ~~ mI / I~ III I ~ / u ~a. ~ ~ l l ; II 11 ~ ~ Ik II ' ~ / II ~~ i/ 1 li -IZ 111 y 11 \ ~ / ~ _ i l~ ~~ i ~ ~ ~~__-- Y ~~~~ - l `` __ i l i -~yi 17' ~ I < 1 ' --__~- 1\ ~ 11 <_ ~ I ,~ \ I .{ I i ~~ L 8I ' ~ 1 ~ ~ / r~ I 1 1 ' I' \ I 11 s\\~ ~ it ~\ L ~ ~~ 1 ~ ~+, I 1 1 t ~~_. ~ t \ ' ~ 1 ~ t Co 1 -~ ~. 1 t ~ ~ ~ yT~ 1 ply . ,r aana,~ 1 _ i _ it ~, ~ c s - asw~ ~ =r- ~_ ~e ~_ .,~ „ i~ ~y Q s O r --- ~ I ~ t --~--F----+ ~ , I 1 I I I ---1---J y 0 n p'aZ)T Mg} 'y ~: ~ _ " ty n It Y ~~~~V ~ A `, J ~ o / ~f; /i ~` ~ ~ b ,/ i 1 t I I I I I 1 ~ \ i \ { ~ ,.,' ,-~ ~ `~ !~ ' F S• ~ op B~ ~;~ a: ~ , -;~ ~~_} ~ ~ 11 / ~ .1 a asa . ~. \\ ~ ~8s /~ ~ ~ / / / ~) ~C, r") / / / / l / JCJ l ~ ~ / ~~ ~ / ~ / / / / ?~ / / / r' / / / O / / a / t/ / / / : ~ y Z C ~~ ~ ~ :~. / / a ~ / ~ O ~PRELIM!NARYZ m ~` • i ~ _ f' \ O ~~ ~ ~~ ~ . ~ I ,G ~~~ _,.~~,., I~ ~--- ~ , i A _ i 1 I w .`~ '~i ` I I ~ I ..+ 1 ~I ~ II 1 _.~_~ ,1 -- I I - ~~ I I ~ ~I ~~ i ..~ ~ i ~ l i li ~ ~ I I ~ i i ~~ . , ~ _ II • I I •_~ M • M !M M , ~ ...1.2! _-~ w M , ~ i I _ _ ~I ~.-il' I _ ___, ~ I I ,I 1 1 1 ! _ s ~~- - ----- ----------~--1 ' ~ s ~ ~~~f~ E lni~ f`y tl[ti F+ c J.,~ ~ t f • _ a • ~~ , 1l~~~~M% 1~~~~~ ELEVATIONS 5`~al~yiaiiS,S )f ; (~1 ~jijl lj t ~ ~l1F~~~~l1~lii e }lf ts~,s~;iii! fhi~J,l,liifi o a~1+.tltaS~atty ...a...a:tatp: r~ Y ,~ ~~'~; 3 , ~, \ ~ ~,~ . ,~ a \~ ~, ; ~\ _, ,~ .~ ^~, ,~ . ~' , i i~ ! + 1 } $ f,1~1a1,1 s~•,~, ~~~ l~it:f ~t~ t~ I~ ~ :ai ,;iiiii~i a 3i~ ti I 1 j j;E t ;i ~! 1 ~, f tr ,,a7 t ~;ii !i ~ iii ; ~~ f~E~ ; ttf, 1i 1 1'~'~> >~ ~,~~ tit , ! l j ~ ~ t~rj ~ ~ ~~ ~~ {i a ~t I I ~ li ` ~ 1 i ~~,- ~ ; ,l s' ~~ 1't E~ ~jt;~~li'~~t~~,~.i~ti lN~~t'= ,~~ lrisi?~l 11~~~s1 l~l~.! -~q~, ti~s~, ` TR -~ (, 'n ; s`a '~ o~~i~~f~~! ,~ ~i // 1 ,1 1t -, ~, ~~ -~. a; za ~, i ~: ~ ;, ;;~--, .~ _ ~~ ~~ ~1 ~ 1 t~ ~~, i4 1 til s 1 ! ~ ~,,t f(1 ~ ~ ,-,~,f,iurtl~;~ ~ ~~ ~ ~i ~ ~ --~ :;: ~ ~,: PRESEVATION/LANDSCAPE PLAN ' ~ is'i ; il't i 11 ae t~ ' ~ ~ , l ~j i' ff i i~11 4 ~~ ss,11 111 '` "~' ~ ~ a~ `~ ` ~~ : ~'' ~~z ~~~ e~ J~13! ` ~ ~~ I 21 • 2 !i ~ ~~}i, i~~~ ~l~ I.': ... _, :, ,~ .,. :,, __ :>, ?;_;_ ~:... ~,;4;rs; ';~ ,;• ;; '~• :,z;laill %: ... . * 'ill li '~i; iI{ ii it I~;I III ~~: ~i !,i! ~It! ~ ~ I~ ~~ ;: I I1 F I i !:! l l 11! I I I I i (, I `7I LIGHTING PLAN Agenda Information Memo May 7, 2002, Eagan City Council Meeting T. FINAL SUBDIVISION (NATURE'S EDGE) MANLEY LAND COMPANY ACTION TO BE CONSIDERED: To approve a Final Subdivision to create 171ots for single family dwellings and one outlot on 10.04 acres located on Dodd Road south of Cliff Road (4665 and 4635 Dodd Road) in the NW '/4 of Section 36. FACTS: • On January 22, 2002, the City Council approved the Rezoning and Preliminary Subdivision of 17 lots and one outlot with 20 conditions. • Outlot A is to be further subdivided in the future and is to provide street access to the unplatted, underdeveloped parcel to the south (Stuart Weierke property). • A roadway easement is proposed on Lot 14, Block 2, Manley Addition, which has also been developed by Manley Bros. Construction. This access may also serve as access to the Weierke property. • All lots meet minimum lot width and area standards for properties zoned R-1. Lots range in area from 12,075 to 48,578 square feet. • A 10 foot wide trail easement just west of the water quality pond has been dedicated on the plat, as requested by Dakota County Parks Department. • Monument sign easements are shown on Lot 10, Block 1 and Lot 2, Block 2. • All necessary documents are to be executed prior to the City Council meeting. ATTACHMENT: Final Plat, page 52 i~ _~ $~ ~ ~ ~ ~ggb~ t • s ~ WW 1 I ~~ ~ ~ u ~~ ~ G 'Y ~~~b~~ • n • ~, r A I I• ~ ~ W I ~r n ~ ~ ~ ~ ~ ~~„ V /J r ~ ~~ W / ' Q ;~` -- C Z ~ j xd~ ~ es % " !! ~ g~ ~~I ~~~I, - ~~~~ ~~ i e ., C ~~ i; s~ I~ . i~ ~ ~a~ ~_ ~~ ~~ a~g ~`~~~~ VI M~]MI/O 101~'I Yf ~ ~ NLr N L `I R O0 ;, D ~ 46'14'YI 19563 _, ~ ~ ~ I ~ 1 ~ ~ R ;ROAD ,, c I ` ~~ ~ 1 _ v~(~ ~ ' 1 I ~ ~Fj~ `~A p' i ~ ~ N ~Sj ~ ~ ~ 1 ~ 1 I f I L-------~~•• C1a + mw __a,sum_J i -~~~-ia;wm~ I X _-----_-_-l I I ~ 1 I W I a ~ ~ N I m ~ ~i I ~ l ,. i I I 't ~ y ~ `?~_ _?~~! J ~x 3y u~ _ i~ _____ __ j ,~ FF l _ ________l ~ I I }~~s.~ I ! 8 ~T„ ! ~ ";~ I ~ ~ I wA ~ d~t' ~ I '-------J ~~ ~ s u~'r _ _ I r 1- ~ su+xm..' ,~a,~I '~ i r ~ j . ~~ a , r '~~ ; s ~ n~ J'~~d i i • n ~''-~ a4-~a'~~ f ~ ' i i ~~ a vn~ ;~ li I i r, ,~.~ I I ~ I ~- I I ~ ~! - In L~ ` I I `,~` ~ 1 I ~ 11 / ~~,~ ,L ~ `• ~~ ,~, c~ ~, ,~, Y De ~- ~ ,~~ ;, `~ a~~}ou }noy}iM uols~na~ o} }~a(gnS ~~~ A21dNIMl(}32ld 3LON ~. V _. _,. ~• ~I 609 sr~ M.z~ssoos ®a M.oosl.oas Agenda Information Memo May 7, 2002, Eagan City Council U. FINAL SUBDIVISION (SUNSET 13th ADDITION) - MILLERVILLE, INC. ACTION TO BE CONSIDERED: To approve a Final Subdivision (Sunset 13th Addition) to create four lots on 2.2 acres located at 785 Golden Meadow Road, legally described as Lot 7, block 1, Sunset Third Addition, in the NW '/4 of Section 25. FACTS: • The Council approved the preliminary subdivision on December 18, 2001. • All necessary documents are in order for execution at the regular meeting of the City Council on May 7, 2002. ATTACHMENTS ): Final Plat, page SY ~~ W _~~ a 5 s = S ~~ a g $ t a p a d 9 S x ~~ a 3 ~ 8 ~. ai ~ i$~ Z Y ~~ ~ ~ R ~ y 33 3 • ~ W g~ ~ o < i~ ~~ ~p 3 ~~ ~ i ~ : ~E c ~N ~~ ~ of ~ 3~ is ' ^ ' #a ~~ s~ n e W ~o r~ z ~' au ~I iu~ =~ Di3' ~~_ e~::~ ~si ~3- ~~3 !~~_ ~~; g~i W~~ >~ ~~;~ fia~ ~j 5s ~~. 4~; €_~~ 6'~~ 33 ~~ .g ~~~ FY°s .. ~~°s s; aa~ a~~~ ;;;m ~; Y °_~{t ~~gr yy$ 4~ Ic i a f S 8 a ~~ E ~~ u= ~ ~~ _ n {' ~o ^O .~ z p ~~ 2 e u n 's. ~~ 6 I~~ ~~ ~~ 0 a >1 8 a ~ £ j i o~ Y ~ i g t W 8I r ~ ~, i ~~ 6_ A Y ~ i ! J 4 ~ I i~ a ' s _, u a ' s ~ -° a ~ i S j i = I L ~ € ; ~= I R ` ` ~ ~ I ~ ~ I S ~ u p ++ 6 ~ u 5? ~ m ~ ~ m ~ o ~ o m' o O 6 . O ~O o~ i z~ g ~ ~ ~ V ~ W~ a II ifi fi 9 ~I ~a _~ I~ 19a j~ o ~ ~' ~ ~~ i~ O d _^ (- S i • i~ u ~ Q ~ r~ ~~ o ~=~ 0 ~ 2- .-._...... .,~- //// all ;~ y _ Z -------------r-~ .~, a ~ - - - - ` \ r-~~~ -~ ~- .sue ~ ~' ~l~ I ~~ i~ ~I +Lr\ \ e s ~ Q' of Ig M ~I I^` N / /! \\ i •,~ _ \ a I I t l !/ fi~ ~* r \ W~~I it 11 /I 4'r\ \.,~ .J-. I !/ 7 • \ :~r.:n:' 1 II II !! ~ • ~/ I I / 11 I I / I \ --------•- ~e I n_~.e~ I I araa I oo~oa ! se-scz ~ , ; .•~fia,°'.y 4 ~ ~ ~- -----J ~-----J L-----~'------------- ~~ / ~ ~~a ~~ ~_~~ z~~ U a 51 ~ ~ a ~ a ;' sa~ ~'.~ ~ • ° ;3_a5, -R_. :3~F~S~ :_#a~a a _~e.~s e es_ x a J ::ofiSSiB ~ N - II s' ° 'W ~-oiy fr~w = o_--I -_ _: I i I ~ ~ ~ -r+ S ~ ~ _ ~~8 jF~ ~~ ~ a5 ms5: mW I ~, W, ~. W N ~^~+i l ~,t +c~ ,._-, S~ Agenda Information Memo May 7, 2002, Eagan City Council V. FINAL SUBDIVISION (VERDANT HILLS THIRD ADDITION) - ROBERT JULIK ACTION TO BE CONSIDERED: To approve a Final Subdivision (Verdant Hills 3rd Addition) to create two lots on property located south of Woodland Court and east of Wescott Woodlands in the NE '/4 of Section 14. FACTS: • The Council approved the preliminary subdivision on October 16, 2001. • All necessary documents are in order for execution at the regular meeting of the City Council on May 7, 2002. ATTACHMEN i~fl): Final Plat, page S6 Q mw 1.~ i X W t s J Z ~ ~ tl~~ ~ '~ 1 ~ ~ ~ ~ ~ ts~~ ~ ~d ~j ~ ~ ~ ~~ ~ ~ ~ ~ s ~ ' ~ j ~ j ~g~r: s~~ { t 3 ~ ~ ~ ~ s ~ :j f j•~ ° :] : 1 - ~, .~ c ~{ t o E-~~ ~ ~~~i 'i ~ ~ ~ ~ s i I { t ., ~~ I ~ ~ ~~; ~ ~ I ' ''"~' Q j rr :' ~ ~t a ~~ ~~ # i E ~ ~ e~ 1 E'i i;~•' QI ~ ~ i # 1~ ~ 1 ~ ~ ~ ; ~ ~~Y ~ ~ i~ ~ ~~~ ~ ~ ~ ~ ,f 1~ ~ ~ta ~ ~~ ~ ~ ~ I ~ a ~ C ~ ~~ ~ ~ -~ ~~ ~J H ~ if ' ~j ~ ~ ~ ~~. i, ~ _~~ ~ ~~a4 _'~ ~~it i i•i~; ~,,I ''~ #~a~ E-+ V1 F-i L •. ~Q rV w - p. 3 ~ x ~ a ~ ~ ~ 532rJt' ,t4o•ag~n ~ F~ O~ QL~CI M.S0.01.p$ 1 Q ~~ "~" V' „a / ~ ~ ' 8 h' ..7 C F • i } i3 1 l + ' ~~ r .; ..~ ~' I~ 11 1:_ ~~ t~ i~ l; 3i ~~ ~~ d r it t i v z a OA • 0 ~ %~ ~°~Py x gyp',, S~o ~ s A. ~ ~ , ~~oo G G .~ O ZO i l ~] ~ ~~ ._.~ .......................................... i 1 i°~ tZ'LlZ 3.50.0-.di ~ ~ s - ~ ~ ~ sTrrx ,,~KVazt3n :~ ~ - N ~~ ~3• y y ~a~~~~, J ~~~~~~ o ~i 3~ jjtt !3 ~~ ~~ ~ 1~1 s~ Agenda Information Memo May 7, 2002 Eagan City Council W. FINAL SUBDIVISION AND FINAL PLANNED DEVELOPMENT (SUMMIT HILL) -DELTA DEVELOPMENT, INC. ACTION TO BE CONSIDERED: To approve a Final Subdivision to create 31 lots for construction of 30 detached townhomes units on 6.64 acres located south of Diffley Road and east of Johnny Cake Ridge Road in the NW '/~ of Section 28. To approve a Final Planned Development consisting of 30 detached townhomes on 6.64 acres located south of Diffley Road and east of Johnny Cake Ridge Road in the NW '/4 of Section 28. FACTS: • The Council approved the Preliminary Subdivision and Preliminary Planned Development on August 21, 2001. All documents and agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Plat, page ss ~d r wm W W 3 ~c i2~;~f a ~ ~ I ~ I ~ ~ ~ ~ *7 J d i }l;i~;~8a ~ ~ I ~i~ ~ i a ~ i 3: o .~ 33:a , i ~a. 3I ~ I ~ li S '~~:;~ia! ~ ~ ~ ilia ~ t ~ ~ -'~ i t W f W R Y }~ ~ ~ ~s 1~ ~ a ~~ ~ ~~ c33 ~ ~ ~ ~ ~ ~~, 3.3a~ ~ ~ i~ a3~~ ~ I ~ i d ~ ; ~ 3~~~ ~ ~ ~ ! ~ _~= ss33~ ! i$ a , ~ ~ ;a, ~3 I a $ o ~f~'~g'~q: ~; ~ ~' ~ z ~ I f~ fi ~~ " s3 ~i j_ ~i ~ c ~ s~i~~=+; S:F ~~~ ~ ! i ~ I !aS {1li~ C~ . sr: t"~ ~7 ~a is ~~~ ~~ ~~~w ~l .Y 3~^83I 3 ~ ~ ~ ,.o ~ i'u a~j ! o ~- d ~o '~ w ~ a# f3;~ir~ a~~M1~ ~$ a l ~ I r= I ids' ~~~_ ~~ ~i.lf ~~; ~ j ° `a ~ °'o~ ~: m ~ ~ i n: ~- - •3s~: ' S aaa ~ I <~ s ~ ~_~'• <3 Eli ' j ` ?~ ` ~ ?i ~~ ~: to :u ^ ~'.i :~ -. r, # o a e o R +9 / N~ M M _ ee~w° ue~ue. _ - - . ~I~ -ti a,ao.n.a0 K.TO cis oo w aii m~•R w'~~+ °~ $fl (~S ~ Sy I88 8il 3S ~ f~ ~2 rN ~ uc. °0~cw is 1 ~ ft ~ q 4 a"r orN is I ~ ^ i.. i E I.I M.+ ~ w i ff i 1 ~: 1 u Qa. ~ .Ia a ~; ~ ~~ ~. ON ~2~..~ o« !r _ wa~1 2 ae'K 400+ ~K iW'r <f3 W(Df V~a~ iyp0 J ~' 8 mN 8: I7:8 O tN 3a ~ a, .a ar tar' J = ~a .,. ao,. ~- rya ' om a~ _ 1! 3a N y~ 4a N i S~ 3a; i 1, arty Cvse { wyori I• ~ :a: [ ~~t Ctl ~ 3y r h OrM 0/10 ~~ j~ r ~ N M 3• ~.,~. ~.,o. ~a ,0/IQ IIYd sw S < N1° C k ~1 ;r. ~ * a~uw- 3i M 8Y 37 '+ _^ ~ X81 r; • _ yen va'N arw ~ ° rYe. V RNs / 0 oiw { - - -~ •~ 3s '+ if L ~ = ~TpP fey Ms I1'~ ' ~1-1 r: 8 '?^'•~~_ aft '•~~ ~ . tiJ (raw +~Jl~ ` f ,. s ^ ~ '''J.+~i ~ ~ '1 i i~ ON - ~ ;~ 010 ~ J t ^S 11 ~ 3 ~! ~^ L' J ~ ~ ew M M ~~ ~ ~ y !.:i: ' • 010 ue° s s } 1~r i i ~ +~f~3ft .. fL cyiy~ J}~~s~~~ ~:." fs~~~l~: • a .V ~ ~ri\ ~ = N ~ ~-~ 9 \ S9 Agenda Information Memo May 7, 2002 Eagan City Council Meeting X. ~. EXTENSION FOR RECORDING FINAL PLAT (YMCA 2~'D ADDITION) ACTION TO BE CONSIDERED: To approve an extension for the recording of the final plat for YMCA 2°d Addition. FACTS: • At its regular meeting of August 21, 2001, the City Council approved the final plat of YMCA 2°d Addition. The representative for the owner has submitted mylars and development contracts to be signed and staff is anticipating submittal of the financial guarantee and narrative explaining the reason for the extension. ATTACHMENTS: 1 Final Plat page 60 ~"" 0 O Q N U ~t r f. o.o. roa -~ ~ ~ ~ a ~: ~ x ~ I I L _~ 1_~ J" a ~~a~ P i h'iD y1 6f iiap s K,. ,eum..uos Q'F r..~ r~vv. .ciro._ "~~ ovm o sn s i ~~ ~[iK - -. is aK ^_- 4l .~~ e %~ ~ ~ ~ ~ ~ •~~ ~sa I ~ ~~~ ~~. 4~ ~t .~ .,,: r1~ w r~ \~ b- C \ ~i1 J .,i•a ~j ~, ~ „~ i _ ~~tr,~. B9 rLr j~, ~, '~. ~s M, BZ, l S, 68N ~ f ~~r~ ~I .~ `~ ~ ~ o :_ ~, '.g ~ r ~ ~ ~ o; 8i ! ~I ~5 ~ .m ~~ u ` o ~ ~ ~, 3 f~ 4 Ey ~ eI ~ ~ i I _~ o `oo ~~: Y ~> ~$ N e t ' ~ ~ I ,wD ~\ ~~ ~/ .C-\ \ ` `' `-~\`\ ~ ~ ~~, g~ .t. g ~~~ ;'.nom C) _ '~ \ ~ \ ~ obi ~ '~) P i \ \4 ~. ~ CL CL. ) ~~ `U ~ \ .SI i io Tim ~ O t _ly1 l;l 1.1 =~ ( ~ ~ Ix .` ~` ~`, gib $ ~ ~ ,,,~~ • ~ ` 1 :~ I v II h A; S, of \ \\ •I I i ! `~ ~ •` ~` ~ II•I 1 ~ J t~- \ f ~\III ~ ~ h ~ \ ~~ v h~ I . , . s..uc. roe .,,oo...wt \, 8 OZIt/ e ~ \ F; ~7 ;~ I3.OO.I~.68N` 4 ~ .o ~ ~ ~ .. I +yy J : ~ I e%~ - k ~ L ...E SS ~ ~ E ~~ - .n J ~- ~ _ ~ ~° - "~ i ZO 8Zl '~ - tSY3 ~ ~ \ ` \ \ \ .,K-.O.iK WA ~ f J ~.c/~KX2.f F- ~ ^ \ \ . ~~9' - ~ J \ KY '` ~' it \ ~ u.m. ~ ,C, ~; d \ ~ \ _ a .a otiro a sn ~~ ~ h I !' » i 4 e mil' ` ~ .., .,,. ~ ~ e J .Doom ..~ .s.. r . lOV~G IG ~ • i . , \ ~ r ovro a orc. >r -, ~ ~, ~ ---1- .\ --- K«i~ _ 300.11885 ,,: _ . ~ - - -t.a_+ow .on as-a oo_arwo~ ~ - - - - v ~ ...J . \ ~ + G N ~, .r..t E.U Agenda Information Memo May 7, 2002 Eagan City Council Meeting Y ACTION TO BE CONSIDERED: Approve the acquisition of the Langstraat Property at 1250 Deerwood Drive. FACTS: • The Advisory Parks Commission included acquisition of the southerly 2 acres of the Langstraat property in the 2002 CIP. • The CIP allocates $58,000 for acquisition of the Langstraat piece. • Council approved the 2002 CIP on April 16, 2002. • The southerly 2 acres of the Langstraat property would compliment the 2 acres recently purchased from Tom and LeAnn Bergin to the east. • The acquisition would allow a functional trail connection around the large water body in Patrick Eagan Park. • The Langstraats are willing sellers; during the Bergin negotiations, Langstraat approached the City about a possible sale. ATTACHMENTS: • None 6~ AGENDA INFORMATION MAY 7, 2002 CONSENT AGENDA: ITEM~:Z 2002 NEW TREE CONTRACTOR LICENSE APPLICATIONS ACTION TO BE CONSIDERED: Approve 2002 New Tree Contractor Licenses for Vertical Perfections, 13705 Washburn Avenue, Burnsville, MN, and Thomas Tree, 4389 Pleasant Street, Prior Lake, MN. FACTS: • The applications have been reviewed by staff and deemed acceptable ATTACHMENTS: • The applications are attached as page numbers ~ and 63 Clt~ o~ Eatao ~ s23.~0 use Twit s.oe Ro.a APPT.ICATIOx FOR LICENSE 3iaase ~- • f.~tae, MN SS122-1697 T'RE'E MAIIV7ENANCE CON'T'RACTOR T~ ~i.ta.~ partae~sbip or aorporstba w~bo at, bim~ prus-e. ninon epn~ K mast tees. ~ ~0~ n S'~r"be[.s~Cu. ~ .ute moo. !er s 7ZtEE MADV'TFXAAtCE CONTRACTOR Ocrose foe ~e ~sv ~_i~a Ibe Clq ~ Eposa. . vvn~ER: Sohn 5, r-bQ.sk~. ~DRtss: /303 6(Jc,~'~c+-~r Avc teort~r 9_ ~~~9 _ ~) .Bu.--,~s~~fle wit/ 5S33~ NAME: S~ ~ t t. ( TC r-1~1 e ~~ °f1SADDRFS.S: !BONE / k~) Mste) 4sp) EhIPLOYEES PERFORMl1VG TREE MAIIdTENANCE: r1 s4~«.~ 1'1'l tom) (alda~e) r6cc-,~CcL Name: f~u 5?nil ~ ~~-i ~ swc ~i (first) (aiddk) pact) Name• ' ' (Mst) (^eiddle) past) NsmC (first) hiddk) past) (ATTACH ADDITIONAL NAMES) VEH] CI~:S USED FOR TREE MAINTENANCE: ~~ ~~ ~~~ yv ~~~~~ (••me) ~ tn•*) (•~) (iaodeq ptame ^taber) Dl ~A (ikene caber) Game) (Tear) halve) lmodeq pane nabs) (ATTACH ADDITIONAL YEIDCI~: DdFORMATIOI~ BQUTI~NT USED FOR TREE k.t•. abrap erisder. 6etib ripper, ebalmtws. speaTsr. t~1c.) ,?Tr ~~ ,(Mlat~ . ~ i u r ~ ~.~~ uSlf Gji ~ plkY' -- C~'t t (~e~ ~~~ (ATTACK A,DDfl70NAL DQUtPMENT Mlt'ORMATION) ~v ~r~NCirs of PAE~'IOUS Cl.~s: ri NSob~ ~ ~^~, t`_~~c!'M -+~ `.'SCSI 7i/ ~ F 8ic.rw/S V ~ ~~C - ~ ~S ~~~~ ,~ ~y D.~.E" ~4.,~ ~o•~f '1~. 917 yip i~ ttadan.~) ~ n tmsED - ~; 1• ~,:-=~,itb~t~-iiwrasce~l [~elaMowl~a~o~sl~ ~. ~t^ •:I ~ .:_ - - - .. _ - - -- . _.... _-- - -~ lioo 000 ~ - _ ~ : - ~ .r- .. eoany wori.~ b e.: peso. . , ~+om ore ~oeide~t. _ _ _ _ _ r _ -- --- ----- ---- --- - -y 5300;000 for _- _ _ .. :.. _ _ •5200,000 for d~a~ t ~~ _ __. __ ~.: _.. ._ . ...- . - - . .. _ Lwrsnoe aay sot be atsceied bJ i~err ^rir• - - - _ . a.ne iT It a.yit wrlets .oboe r ue dq. - Ir Imorana It nncded~ icmeee ..~ trptioe - wltb anotaer policy w1k! contorsns bo ee'daiuac . . reaoirementc. ~ iicm~e iz esspendae rert~ _- - ~ - t~soraoai~ ispLoed. - 2• Woricee'~ eampeasatbn insQraaee artitkstt - waen wtb Lnsoraaoe ie ngaind by state shbt~. - ~• Certffkatbn b7 A=ronom~ Di~idon otMWseiota Deaartmeni otA~rieattore a: a Commecdat Aeetk~ide - Appikator wst be prodded by tae appBant or sopbyee adrolnMeria= esemkat wbetasoez. - - - SIGNATURE Of ~ -- - t ~ ..~-.~ W~natnre) t -- --- - - _.-_._~ a7 cz t~k) date) - OFFfCE USE: - _ - -- - . _ . ___.- -: -- Date itild: ~~~ ~~ '~ ~' t]4 Cameo! Appr~ - . _ - fie) -.. .. .. -. _ ...- __ . .._ _ _ ;~_. _ .. ~..__.._. _ - ..rte-~~_... ~.._. - --_ _ ... '"- ,' ,~s CitJ o~ Eatan >F~ :IS.~O X630 Pibt Hs-ob Aoad APPLICATION FOR LICENSE Llce~ue tear__ l~n, IbQV SS122-1x97 1REE MAiNT'ErIANCE CONTRAC'i~OR Foc bd~.idoal, partsas6~ or co~po~oHoo w~tio at, him, woe, r+emo~e sRa1 or tr~at tees. I, CDC, ~}4"'~'AS rNa~J twice applkstfoa for s T'RE'E MAIIVTENANCE CONTRACTOR license fbr tle dear ~_ R+os tie CitJ of Eyst. owNER: ~ ~ ~~ s ADDRESS: ~ 3`x`1 1altos,~~ sf- ir~roNEr ~~yo-~l a y ate) ~'~o~ Z,A~,~ 1'rn. SS3~~ fdtl) plate) (dP) x~A~br~S ~fRte~ ADldR1:5s: y34~ pleas,~n-~ ~. ~or~.=~lYCr C/~y / ,~~ ((~~,, ~) ~` 1 0 ~ l./'iP~C~ 1'nn _ ~"3 ~L (dtJ) (I~e) Wp) EMPLOYEES PEAFORMIIVG TREE MAD~iTENANCE: m » (lust) (uWdk) (last) Name: (drat) (~iddk) (last) Niame: (Mst) (u{ddk) past) (AT?ACE ADDITIONAL NAMES) VEFIICLES USED FOR TREE MAII~I'ENANCE: vim) 3~U0 g~ somber) tie) (7~') (fie) (t~odd) pause ,Huber) tad t7Mr) (fie) t~odeq ticeme Lauber) (ATTACH ADDITIONAL YF.FDCLE II~tFORMATtON) sRnmp tam) ate.) ~'vr~3 qr~ ~ ~ r~~~ ~~ (tee) thnctloa) (ATTACH ADDITIONAL EQU'IP11~.N'f 1NF~ORMATION) 66 IRE~c~s of t~EV~ovs clams: ~ti~ W wqh~ t' L,AI!c V, l~~ ~~ ~~ Lh~~li ~ Arta v~ NvPr m ~ ~ Game) ) DEQLTIItED DOCUId~NTATf ON: .'~; ,.:. 1 ~ Labs ias:naoe la be ~aSo+rtaj ~ ~ =1SO~t~00 br tiodoJ >Waeia~ 1o eax peraoa - --- - iaaro oaK aaident. . • ~0.~6~ bt rtalajr t i~tr7dt0o a~~y ~~ ~af'anC! Sal 10t ba lVCI~ ~ rUiTR >S~ beta r it dam weitts aotloe r tie atF. 1t rronaca r aascdea, icmaee..rt wpiaa wlte aeotber polky wild eontbrt r ardtauoe ngo4emeatt. Tire ticeve r .~sp.dr0 aadfi ~ar..ca r req~ed. z :.~ Worker': eoSpematba iasaram crrtlfkate - wree tneD fesarasoe r regatred b~ Mate Msbtc. 3 Certllkatbn b7 A~r~onoia~ DhWoa of tKMasoea Department of A~ricattore a: a ComSerdal 1'+eat~dde Appikator east be prodded b~ tba apptirant ar oopbyee admtatstais: c>teakat sabataacai. SIGNATURE OF APPIJCANT: ~i . ~~+y~ ~, 6 C~S~ ~ ~~' ~ n G5'"~ a~y~-yaf~? ~n ~.to~~ ~~k~ ~~ o~ IcE vsE: Date A.Id: A.o~t aseai.r~ ~. a4 C+a..c! Appcoai: ~~ t. ...__...._.~.......__r..~ --- ;'i 67 Agenda Information Memo May 7, 2002 Eagan City Council Meeting f I~• ~, APPROVE CHANGE ORDER #2. EAGAN COMMUNITY CENTER ACTION TO BE CONSIDERED: To approve Change order number 2 for the Eagan Community Center in the amount of $7,585.00 The following items are being recommended for approval by the Construction Manager, Architect and Staff. 1) Mechanical changes PCO 1002 This change was to shorten the height of the flues within the rnasonr}• chimneys to facilitate draft and UL requirements. Contract #33 Javens DEDUCT ($5,158.00) PCO 1009 This change was to eliminate piping inadvertently shown on the documents and not required. Contract #34 Northern Air DEDUCT ($208.00) 2) Footing and Foundation PCO 1004 This change required lowering a footing and to add a pier. This footing was required to be at the same elevation as the adjacent foundation for the elevator pit. Contract #3 Kellington ADD $880.00 3) Structural Revisions PCO 1013, 1015, 1016, 1018, 1019 and 1020 These changes were required to facilitate the evolution of the structural design and the various associated components discovered during the shop drawing phase. Contract #5 Ben's ADD $7,525.00 4) Hardware Modifications PCO 1014, 1021 and 1023 These changes were required to complete the door and hardware requirements for the facility and were discovered during the shop drawing phase and Owner review. Contract #16 Glewwe Doors 54,546 and Contract # 18 Gateway, ACG $1,589. ADD $b,035 68 Note: The PCO and numbers that follow are part of the tracking system used to identify issues associated with the construction process. They are referenced in this memo to continue to track changes to the contracts and the original source of the change through the Council Approval. ATTACHMENTS: None 69 Agenda Information Memo May 7, 2002 BB• ~. CONTRACT 01-12A, JULY 2000 STORM MITIGATION LANDSCAPING IMPROVEMENTS ACTION TO BE CONSIDERED: To receiti e the bids for Contract 01-12A (July 2000 Storn1 Mitigation -Landscaping Improvements), award the contract to ,for the Base Bid in the amount of S ,and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 01-12A provides landscaping improvements in areas affected by the July 2000 Superstorm where storm water drainage system mitigation improvements have been constructed as outlined and discussed in the Preliminary Design Report (Apri12001). • On April 26, 27, and 30, 2001, the City Council held Public Meetings and presented the Preliminary Design Report for the above-referenced project areas. At the Public Meetings, the Council approved all the projects associated with this contract and authorized the preparation of detailed plans and specifications. • All of the bids for the storm mitigation improvements in the areas associated with the landscaping contract have been awarded by the City Council and construction has been completed, except for the restoration items. • In order to assure quality landscaping work for the restoration of the residential and park properties, the landscaping items included in this contract were not included with the large storm drainage improvement contracts awarded to the utility contractors. • On May 3, 2002, formal bids were received for this work. All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations and found to be in order for favorable Council action. ATTACHMENTS: • Bid Recommendation, page ~~~ (V~%ill be included with the Additional Information Packet on Monday.) rf 0 Agenda Information Memo May 7, 2002, Eagan City Council Meeting A. VARIANCE -RICK SKLUZACEK (1000 KETTLE CREEK ROAD) ACTION TO BE CONSIDERED: To approve a 2 percent Variance to the maximum 20 percent building coverage standard in Residential zoning districts for the construction of a 224 square foot addition on property located at 1000 Kettle Creek Road (Lot 12, Block 2, Lexington Square 7"' Addition) in the NW '/4 of Section 23. FACTS: • The subject site was platted as part of Lexington Square 7"' Addition, which is part of the Lexington Square development that included 372 single family lots. • The development is zoned PD (Planned Development) because the average lot area was proposed to be 11,707 square feet, with the smallest being 7,000 square feet. The minimum lot area in the R-1 (Residential Single Family) zoning district is 12,000 square feet. The subject site is 9,148 square feet in area. • Lexington Square 7`h Addition was approved with 20 conditions, one of which stated that no variance for setback or lot coverage shall be allowed except for topographic or vegetation reasons. • In Residential zoning districts building coverage is limited to 20 percent of the lot area. • The proposed addition meets all required minimum setbacks. • The elevation plan indicates the proposed addition blends with the existing architecture and materials of the home. • The applicant contends that the Variance is needed to accommodate additional living space for a first floor family room. ISSUE: The condition upon which the Variance appears to be based is applicable to other properties within the PD zoning district. This property does not seem to exhibit a unique or special feature that would require or warrant relief from City ordinances. ATTACHMENT (1): Planning staff report, pages /~ through ~i PLANNING REPORT CITY OF EAGAN REPORT DATE: May 3, 2002 APPLICANT: Rick Skluzacek PROPERTY OWNER: Same REQUEST: Variance LOCATION: 1000 Kettle Creek Road CASE: 23-VA-03-04-02 HEARING DATE: May 7, 2002 APPLICATION DATE: April 12, 2002 PREPARED BY: Cynthia R. Kirchoff (Lot 10, Block 2, Lexington Square 7~' Addition) COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: PD, Planned Development SUMMARY OF REQUEST Rick Skluzacek is requesting a two percent Variance to the 20 percent maximum building coverage standard in Residential zoning districts for the construction of a 224 square foot addition on property located at 1000 Kettle Creek Road (Lot 10, Block 2, Lexington Square 7"' Addition) in the NW '/4 of Section 23. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards only if 1. The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. oa- Planning Report - Skluzacek Variance May 3, 2002 Page 2 CODE REQUIREMENTS Chapter 11, Sec. 11.20, Subd. 6, F., states that "all buildings including accessory buildings together shall not cover more than 20 percent of the site area" in Residential zoning districts. BACKGROUND/HISTORY The subject site was platted as part of Lexington Square 7~' Addition, which is part of the Lexington Square development that included 372 single family lots. The development is zoned PD (Planned Development) because the average lot area was proposed to be 11,707 square feet, with the smallest being 7,000 square feet. The minimum lot area in the R-1 (Residential Single Family) zoning district is 12,000 square feet. The subject site is 9,148 square feet in area. Lexington Square 7`'' Addition was approved with 20 conditions, one of which stated that no variance for setback or lot coverage shall be allowed except for topographic or vegetation reasons. EXISTING CONDITIONS A single family dwelling with two-stall garage is present on the site. EVALUATION OF REQUEST Proposal - The applicant is requesting a Variance to allow for the construction of a 224 square foot (14 feet by 16 feet) first floor family room addition to an existing single family dwelling. The Zoning Ordinance limits building coverage to 20 percent of the lot area. The proposed building coverage is 22 percent. The proposed addition is on the rear of the home and meets all required setbacks, according to the site plan. The elevation plan indicates the proposed addition blends with the existing architecture and materials of the home. Variance Criteria - The Zoning Ordinance states that relief maybe granted from a required ordinance provision provided that there are special conditions the 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. Lexington Square deviates from the minimum lot size required by the Zoning Ordinance for properties zoned R-1 (Residential Single Family). The lot in question is only 9,148 square feet in area, but is comparable in area to other lots abutting Kettle Creek Road. Thus, there are no special conditions applying to the property. One of the conditions of approval of the subdivision was that Variances from required setbacks or building coverage shall not be granted except for ~3 Planning Report - Skluzacek Variance May 3, 2002 Page 3 topography and vegetation reasons. The request does not seek relief to preserve trees or topography. 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 coverage provision is to prevent the overcrowding of properties and to provide green area for the health of the community. Since the request is to exceed this maximum requirement, it appears to be contrary to the intent of the ordinance. Further, it is contrary to the original conditions of approval of the subdivision. A demonstrable difficulty is required to grant relief from the maximum building coverage requirement. The applicant is requesting an additional two percent of building coverage to allow for the construction of a 224 square foot living space addition. It must be noted that any addition would require a Variance because the home already occupies 19.7 percent of the lot. The property has the same use as those within 350 feet and the same opportunity to construct a single family home with two-stall garage without relief from the Zoning Ordinance. APPLICANT'S ESTIMATE OF HARDSHIP The applicant has indicated that the additional building coverage is needed for additional living space. Specifically, "our family has resided in the City of Eagan for the past 10 years. As our family has grown, we see the need for more living space. We enjoy the neighborhood that we live in today therefore would like to add on to the rear of our existing home." SUMMARY/CONCLUSION A single family dwelling with atwo-stall garage is present on the site. According to the survey, it meets all other minimum and maximum bulk standards. The condition upon which the Variance appears to be based is applicable to other properties within the PD zoning district. This property does not appear to exhibit a unique or special feature that would require or warrant relief from City ordinances. It is similar in size to other lots within the Lexington Square development. A determination regarding relief from the ordinance is considered a policy matter to be determined by the City Council. ACTION TO BE CONSIDERED To approve a two percent Variance to the 20 percent maximum building coverage standard in Residential zoning districts for the construction of a 224 square foot addition located at 1000 Kettle Creek Road (Lot 10, Block 2, Lexington Square 7"' Addition) in the NW '/4 of Section 23. ?y Planning Report - Skluzacek Variance May 3, 2002 Page 4 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. Lot coverage shall not exceed 22 percent. ~s a EoOnn Boundary Location Map ~~a coil /~atoAln. 8uildleq Footprint `_ i~ ~ %, '. r:a-I b ~ _ is a ~ ~ r O d e ~ ~® 3 ~~ ® ~ ~ 4 ® G ~ ~ ~~_ ~ ~ ' ~ c! ~ s am ~ ..'.., Q ' 2' >> 5 F ~ ,. $,,` Q ® . y ~ - • • ~ ~~ ~' y~ ~ti~ k, I r~C^:,~" h$ ~ 9 ~ ~ O ~ • _ d ~ `~ ~ 4 ~~ ~ i - ~ ~; 0 r. ~ i / ~I, ~~ - rS J =017 v i ` , A `n ~' ~°~`i -~ - ~ ~' _ ~~c - - 5 Sub'ect Site - = Q ~' ~ a "~ ~ ~" a'" • arr% dcol~: ;, mow' ea3 ~ as p pr ~~0 _ C~J,, i - D~ S ; e y t p ~ t 's t: g -^. • D w c ~ ~a® ~ o, ~~ , ~ d a D f D O t S vn O O ~ 7 ~ 'y , ; _ ~ e ~ a • ~ e od ~,~~ a = fit' ®~ O~ ~ ~ ~ ~ ~ ~' • • A ®i+ ©~ t+p ~ .y c ~ 4p c + C ® ~~ O _-- ~ / a t n 1000 0 1000 p0pp feet Development/Developer: Rick Skluzacek Application: Variance Case No.: 23-VA-03.0402 teeP PAWS wirq ERl1 AreVMw 7.7. PueN tyN rmP dtY poviWO N ey OeYOY Cou~r l.aM SurNy tl.perfrnee me lr aerenl n d MareH 7002 W~ E City of Eagan TNIi NAF 13 INTENDED FOR REFERENCE N5E ONLY N. i N Y $ ~ a TM Clty e! Eapan and Dakota County d0 not Euranntee tM aCeurary o1 this In/orrnatfon and an S DO'^""'^m' ~"'~OPe""r ~~"a"r net nsponsl-lo /a oryora a. emhelene. LOT SURVEYS COMPANY, INC. f s No "~~ ,~~~27 WND SURYEYOR3 SG1t.E I'• z°~ 0 -DENOTES IRON RLOI6!'ERED UNDER LAMB O- b'iATE OF MINN6801'A 7101 •7Jrd Arerwe North ~OJt)!8 MARVIN GEORGE BUILDERS Mlnneapolb, Mlane.eta 66446 Job / 88-SS G Denotes Mood Hub Set ~1iC1tt}~Orl ~titltit=U Address: 1000 Kettle Creek Rd. For Excavation Only -~- Denotes Surfue Drainage Type of Building -Split Level moo Denotes Proposed Elevation e•.,e Denotes E:cistin; Elevation Z'S'fr~.,v1t f 1004 • Tf» erdr w«+Nnl. rwown.. Aan vb+. of nooW or tntanrtlon o~~ M die. NA AwWp pAl/r M~a1 M1.4 ,~ trw r<+d co~nel npnsw+INlon a a wrv.y a IM trouWrN. a ni. reo.. dtie taw brd vw Mw loeitwn a.a twlWMq. r+e v+a ae. «x.+o.efvn.~,,.. Il nry, 6om or en wa bnd. e~srr.ehu.er. 27th ah,a Mar >, 88 BI~.a 1 ~47a Top of Block gAS.7 Garage Floor BB5.2 Lowest Nost Flaor BSZ.Z hash, Mlnn. Rp. No. B i ~ .. : ~ ~~~ I~: 1 2 PLAN Lot 10, Block 2, LEKINGT()1 SQUARE TRi ADDITION SNOIlt~~; ,___. _. _ r m m r _~ O 2 J A a I , J G~ -~ rn r m D -~ O z J 2 p J .8G E o' m r m D -~ O Z A u RICK AND BECKY A~' SKLUZACEK ' PAGE 2 OF 2 ; 11000 KETTLE CREEK DRIVE ~~ EAGAN, MN 55123 651-6B7-9036 rHFSe aavuv+cs Free nE w wOgc vwooucT ArD PROPEF co~~wr rwaE ~).otve~ exc~usn,E use ocera~x ca. ~~u~ ~ *Neg auvvn~ oo-~cevrs corrr~nfe n+ew r~ wwrrE~ ~swssia+ of m~~wr rws ~i R vw~ AMEK CONSTRUCTION INC ~ : 9555 sAMES AVE SOUTH it 225 BLOOMINGTON, MN 55431 952-88& 1200 i I April 11, 2002 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Sir or Madam: Please consider my application for 2°k land use variance on my property located at 1000 Kettle Creek Rd. Our family has resided in the city of Eagan for the past 10 years. As our family has grown, we see the need for more living space. We enjoy the neighbofiood that we live in today therefore would like to add on to the rear of our existing home. This variance would allow for an addition of 224 square feet. The land area on our lot is 9,147 square feet. The existing house and garage coverage is 1,791 square feet; which computes to a 19.5% land use. With the addition of 224 square feet, the land use is increased to 22%. A 2% land use variance would allow for the addition; which will tie used for a first floor family room. This addition will comply with all other city codes and will blend in with the existing structure. if the variance were granted, the project would begin in June with the completion within two months. Thank you for your consideration. Sincerely, _ ~ 79 Agenda Infonmation Memo May 7, 2002 Eagan City Council Meeting B. ISSUANCE OF YMCA OF GREATER ST. PAUL REVENUE BONDS ACTION TO BE CONSIDERED: To approve the issuance of revenue bonds for the YMCA of Greater St. Paul under Minnesota Statutes, Sections 469.152 through 469.165. FACTS: • The City has been contacted by representatives of the YMCA of Greater St. Paul about issuing revenue bonds under the City's name. The City bears no obligation in such conduit debt issues. The sole responsibility for repayment rests with the YMCA. • Tonight's public hearing was set by the Council at its Apri12 regular meeting, and appropriate public notice of the hearing has been given. • The following people representing the YMCA will be in attendance to answer questions as necessary: Gary Senn, VP-Finance, YMCA of Greater St. Paul Cyndy Chamberlain, VP-Public Finance, Wells Fargo Bank Tim Staley, Eagan YMCA • The bonds represent a refinancing of debt issued through the City in 1995 and 1996, plus additional funds for long-term financing of the childcare facility built at the Eagan YMCA this past fall. Current low rates will allow the YMCA to realize substantial savings on interest payments by issuing these bonds. • The City issued $2,486,000 in bonds in 1995/96. Representatives of the YMCA have indicated the proposed issue will be approximately $3,100,000. • The issue will not affect the City's ability to obtain favorable interest rates under the "bank qualified" rules for bond issuances in the current year. • The City's bond counsel, Steve Rosholt, of Faegre & Benson has reviewed the required documents on behalf of the City and is comfortable with them. ATTACHMENTS: • Enclosed on pages ~ through ~ T is a resolution giving preliminary approval to the proposed issuance of revenue bonds. • Enclosed on pages ~ through ~ is a Minnesota DTED application foam for approval of the industrial development bond project. B~a RESOLUTION NO. RESOLUTION GIVING PRELIMINARY APPROVAL TO THE PROPOSED ISSUANCE OF REVENUE NOTES UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.165 WHEREAS, the City of Eagan, Minnesota (the "City") is a statutory city duly organized and existing under the Constitution and laws of the State of Minnesota. WHEREAS, Minnesota Statutes, Sections 469.152-469.165, as amended (the "Act"), authorizes the City to issue revenue bonds to finance, in whole or in part, the costs of the acquisition, construction, reconstruction, improvement, betterment, or extension of a project constituting any properties, real or personal, used or useful in connection with a revenue producing enterprise, whether or not operated for profit; and WHEREAS, Section 469.155, subdivision 12, of the Act authorizes the City to issue revenue bonds to refund, in whole or in part, bonds previously issued by the City under the Act; and WHEREAS, the Borrower has requested that the City issue one or more series of revenue Notes (the "Notes") and loan the proceeds derived from the sale of the Notes to the YMCA of Greater Saint Paul, a Minnesota nonprofit corporation (the "Borrower"), pursuant to the terms of a Loan Agreement between the City and the Borrower (the "Loan Agreement") to: (i) finance costs related to an approximately 14,000 square-foot expansion and renovation of the existing 58,000 square-foot recreation facility located at 550 Opperman Drive in the City (the "Project"); and (ii) refund, in whole or in part, the Commercial Development Revenue Note, Series 1995 (YMCA of Greater Saint Paul Project) (the "Series 1995 Note"), issued by the City on June 22, 1995, for the benefit of the facilities of the Borrower located in the City and the City of Woodbury ("Woodbury"), and the Commercial Development Revenue Note, Series 1996 (YMCA of Greater Saint Paul Project) (the "Series 1996 Note"), issued by the City on April 4, 1996, for the benefit of the facilities of the Borrower located in the City and in Woodbury; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended, and regulations promulgated thereunder, require that prior to the issuance of the Notes, the City Council of the City must approve the Project and the issuance of the Notes to finance the Project, after conducting a public hearing thereon; and WHEREAS, pursuant to Section 469.154 of the Act, prior to submitting an application to the Minnesota Department of Trade and Economic Development ("DYED") requesting appioval of the Project, the City Council of the City must conduct a public hearing on the proposal to undertake and finance the Project; QI NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council conducted a public hearing on Tuesday, May 7, 2002 with respect to the proposal to undertake and finance the Project and the issuance of the Notes, as requested by the Borrower. A notice of the public hearing was published once in the official newspaper of the City, a newspaper of general circulation in the City, at least fifteen days prior to the date of the public hearing. 2. The City hereby grants preliminary approval for the issuance of the Notes for the purposes referenced in this resolution and in an aggregate principal amount not to exceed $5,000,000, subject to the approval of the Project by DTED, as required by the Act, and subject to the mutual agreement of the City, the Borrower, and the initial purchaser(s) of the Notes as to the details of the Notes and provisions for their payment. In all events, it is understood, however, that the Notes shall not constitute a pecuniary liability or charge, lien or encumbrance, legal or equitable, upon any funds, assets, taxing power or any other property of the City except the City's interest in the Loan Agreement; and the Notes, when, as, and if issued, shall recite in substance that the Notes, including interest thereon, are payable solely from the revenues received from the Loan Agreement and other property pledged to the payment thereof, and shall not constitute general or moral obligations of the City. The Notes shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. The holder(s) of the Notes shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal of the Notes, or the interest thereon or to enforce payment thereof against any property of the City. 3. In accordance with Section 469.154 of the Act, the City will cooperate with the Borrower in submitting the proposal for the financing of the Project to DTED, including the execution of necessary documentation by City officials. 4. As requested by the Borrower, the law finm of Kennedy & Graven, Chartered shall serve as Bond Counsel and assist in the preparation and review of necessary documents relating to the Project and the Notes to be issued in connection therewith, which shall be subject to review and comment by counsel to the City. 5. The Borrower shall pay to the City any and all costs incurred by the City in connection with the Notes or the financing of the Project, whether or not the financing of the Project is approved by DTED, whether or not the financing is carried to completion, and whether or not the Notes or operative instruments are executed and delivered. The Borrower shall also comply with the City's deposit and fee policies respecting such revenue bond issues. 6. All commitments of the City expressed herein are subject to the condition that by November 1, 2002, the City and the Borrower will have agreed to mutually acceptable terms and conditions of the Loan Agreement, the Notes, and of the other instruments and proceedings relating to the Notes and their issuance and sale. If the events set forth herein do not take place within the time set forth above, or any extension thereof, and the Notes are not sold within such time, this resolution will expire and be of no further effect. B1 7. The adoption of this resolution does not constitute a guaranty or firm commitment that the City will issue the Notes as requested by the Borrower. The City retains the right in its sole discretion to withdraw from participation and accordingly not to issue the Notes, or issue the Notes in an amount less that the amount referred to herein, should the City at any time prior to issuance thereof determine not to issue the Notes, or to issue the Notes in an amount less than the amount referred to in paragraph 1 hereof, or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. 8. With respect to eligible costs of the Project which may be paid by the Borrower prior to the issuance of the Notes and reimbursed to the Borrower from the proceeds of the Notes, this . . resolution is intended to be a reimbursement resolution and declaration of intent to issue reimbursement bonds under Treasury Regulations, Section 1.150-2, as amended. 9. This Resolution shall be in full force and effect from and after its passage. (The remainder of this page is intentionally left blank.) 8'3 Adopted by the City Council of the City of Eagan, Minnesota on this 7th day of May, 2002. NR185-85 (JlJ) 213798v.1 By Its Mayor By Its City Administrator ~Y STATE OF MINNESOTA MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT APPLICATION FOR APPROVAL OF INDUSTRIAL DEVELOPMENT BOND PROJECT PURSUANT TO MINNESOTA STATUTES, SECTION 469.152 THROUGH 165 (please submit this form in duplicate -- all supporting data in single copy only) Date: May _, 2002 The governing body of the City of Eagan, Minnesota hereby applies to the Minnesota Department of Trade and Economic Development (Department) for approval of a proposed Industrial Development Bond issue as required by Minn. Stat. 469.152-.165. Address of issuer: City of Eagan, Minnesota 3830 Pilot Knob Road Eagan, Minnesota 55122 Attn: Tom Pepper, Chief Financial Officer Telephone: (651) 681-4600 We have entered into preliminary discussions with: Firm: Attorney: YMCA of Greater Saint Paul Theodore J. Meyer 550 Opperman Drive 2192 Firstar Center Eagan, Minnesota 55123 St. Paul, Minnesota 55101 Name of Project: YCMA of Greater Saint Paul Project This firm is engaged primarily in (nature of business): fitness and childcare facilities The proceeds from the sale of the Industrial Development Bonds will be used to (describe the project): finance costs related to the costs of an approximately 14,000 square-foot expansion and renovation of the existing 58,000 square-foot recreation facility. Addresses of Project: S50 Oppenman Drive Eagan, MN 55123 gs Proceeds from the sale of the bonds of approximately ,~ 3.200.000 will be applied, together with $ -0- of funds of YMCA of Greater Saint Paul (the "Borrower"), toward payment of costs now estimated as follows: Construction and equipping recreational facility $ 2,200,000 Refinance of existing tax exempt debt 1,000,000 Total $ 3,200,000 It is presently estimated that construction of the project will begin on or about N/A and was complete on or about Januar~2002 .When completed, there will be approximately 11.5 FTE new jobs created by the project at an annual payroll of approximately $ 221,500 ,based upon currently prevailing wages. (If applicable) There are 119 existing jobs provided by the business. (If applicable) There will be N/A jobs created by construction of the project. Number of hours Average wage level $ Repayment of the proposed issue will be amortized over a period of 10 years. The following exhibits are furnished with this application and are incorporated herein by reference: 1. An opinion of bond counsel that the proposal constitutes a project under Minn. Stat 469.153, subd. 2. 2. A copy of the resolution by the governing body of the issuer giving preliminary approval for the issuance of its revenue bonds and stating that the project, except for a project under Minn. Stat. 469.153, subd. 2(g) or (j) would not be undertaken but for the availability of Industrial Development Bond financing. 3. A comprehensive statement by the municipality indicating how the project satisfies the public or purpose and policies of Minn. Stat. 469.152-.165. 4. A letter of intent to purchase the bond issue or a letter confirming the feasibility of the project from a financial standpoint. 5. A statement signed by the principal representative of the issuing authority to the effect that upon entering into the revenue agreement, the Information required by Minn. Stat. 469.154, subd. 5 will be submitted to the Department (not applicable to project under Minn. Stat. 469.153, subd. 2(g) or (j). $6 6. A statement signed by the principal representative of the issuing authority that the project does not include any property to be sold or affixed to or consumed in the production of property for sale, and does not include any housing facility to be rented or used as a permanent residence. 7. A statement signed by a representative of the issuing authority that a public hearing was conducted pursuant to Minn. Stat. 469.154, subd. 4. The statement shall include the date, time and place of the meeting and certify that a draft copy of this application with all attachments was available for public Inspection and that all interested parties were afforded an opportunity to express their views. 8. Copies of notice(s) as published which indicate the date(s) of publication and the newspaper(s) in which the notice(s) were published. 9. Provide a plan for compliance of employment preference of economically disadvantaged or unemployed individuals. (See Minn. Stat 469.154, subd. 7.) 87 We, the undersigned, are duly elected representatives of the Citv of Eagan. Minnesota and solicit your approval of this project at your earliest convenience so that we may carry it to a final conclusion. Signed by: (Principal Officers or Representatives of Issuing Authority; type or print official's name on the line to the left of the signature line. Thank you.) Mayor, Patricia Awada City Administrator, Thomas Hedges Signature Signature This approval shall not be deemed to be an approval by the Department or the State of the feasibility of the project or the terms of the revenue agreement to be execute or the bonds to be issued therefor. Authorized Signature, Minnesota Department Date of Approval of Trade and Economic Development Please return to: Paul Moe Director of Business Finance Minnesota Department of Trade and Economic Development 500 Metro Square 121 Seventh Place East St. Paul, Minnesota 55101 88 STATEMENT CONCERNING A PROPOSED PROJECT UNDER MINNESOTA STATUTES, SECTIONS 469.152 TO 469.165 The undersigned, being the duly qualified and acting Mayor and City Administrator of the City of Eagan, Minnesota (the "City"), certify that the City has been provided by YMCA of Greater Saint Paul, a Minnesota nonprofit corporation (the "Borrower"), with certain information concerning a proposed Project under the Minnesota Municipal Industrial Development Act, Minnesota Statutes, . . Sections 469.152 to 469.165 (the "Act"). On the basis of such information the Board of Commissioners, by resolution adopted May 7, 2002 (the "Resolution"), has given approval to the proposed Project and the financing thereof by the issuance of a revenue obligation or obligations of the City, subject to approval of the Project by the Commissioner of the Minnesota Department of Trade and Economic Development. The following are factors considered by the City in determining to give preliminary approval to said Project: 1. The Project consists generally of the construction of an approximately 14,000 square foot expansion and the renovation of the existing 58,000 square foot recreational facility located at 550 Opperman Drive in the City. 2. Kennedy & Graven, Chartered, bond counsel for the Project, is of the opinion that the Project constitutes a "project" within the meaning of Minnesota Statutes, Section 469.153, Subdivision 2. 3. The Project will enhance the educational, social service and cultural opportunities available in the City and surrounding areas, thereby contributing to improvement of the quality of life for residents of the City and surrounding areas. 4. Based on representations of the Borrower as to the nature of the Project, the City believes that the Project will be compatible with present and projected development in its area. 5. Nothing has come to the attention of the City to indicate that the proposed financing of the Project would adversely and unfairly affect any other business enterprise located in the City. 6. Pursuant to the Resolution of the City Council adopted on May 7, 2002, the City will require the Borrower to comply with the requirements of Minnesota Statutes, Section 469.154, Subdivision 5. 7. Based on representations of the Borrower as to the nature of the Project, the Project does not include any property to be sold or affixed to or consumed in the production of property for sale, and does not include any housing facility to be rented or used as a permanent residence. ~"9 8. Based on representations of the Borrower as to the nature of the Project, the Project does not include an airplane, a private luxury box, a facility primarily used for gambling, or a store the principal business of which is the sale of alcoholic beverages for consumption offpremises. 9. A public hearing was conducted May 7, 2002 at 3830 Pilot Knob Road in the City, pursuant to Minnesota Statutes, Section 469.154, Subdivision 4, to consider the proposal that the City undertake and finance the Project. A draft copy of the "Application for Approval of Industrial Development Bond Project Pursuant to Minnesota Statutes, Sections 469.152 through 165" with attachments was available for public inspection. All interested parties were afforded an opportunity to express their views. 10. The City will undertake to encourage the Borrower that the employment opportunities made available by the Project will, if feasible, be offered to individuals who are unemployed or economically disadvantaged as contemplated in Minnesota Statutes, Section 469.154, Subdivision 7. The City will require the Borrower to comply with the reporting requirements set forth in said Section 469.154, Subdivision 7. CITY OF EAGAN, MINNESOTA Mayor City Administrator 90 Agenda Information Memo May 7, 2002 Eagan City Council Meeting PUBLIC HEARINGS `~~ CERTIFICATION OF DELINQUENT UTILITIES ACTION TO BE CONSIDERED: To approve or deny certification of delinquent utility accounts to Dakota County for collection with property taxes. FACTS: • The City currently has approximately 280 utility bill accounts with delinquent payments. The assessable amount of these accounts is $ 48,716.94. 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I I 1 I I I I I ~ N O O I I I I I t N O O N I ~ I I I I I I 1 I I N O I I I I I I I ~ [~ I I t I I U) I ~ I f) ~D I~ lD N ~D l0 M rl -1 CO N [~ rl S1 N [~ r-I rl M H ~ Ul M 1 O CO L~ H ~ r-I r-I r-I N O M r-I l0 N O M O~ M N M r-1 N r-i C M Lf1 M C ri W [~ r-1 O r-1 ll ~D C' [~ r-1 O N O f~ N p O~ 00 e-I ~ CT O !~ O M r-1 tf) [~ O L(1 I~ r-I M ~-i ' Ul O M N M Ln [~ r-i r-I -I r-I N O~ M N Lfl lp N 1 r-I Lfl I~ f-I N ~ C Ul l W Lfl lfl N M ci' ~ l~ ~ r-1 41 r-I N ~ W I ~ I ~ I I 1 I ~ I I H I I E" I I ~ 1 E-I I I U FC U ~C U FC U FC U ~ U FC U FC U ~ U ~ U ~ U ~ U ~ U ~ U FC U U U ~ ~ ~ ~ U FC U FC U ~ U ~ U FC U FC U ~ U ~ U ~ OI U I U I ~ I I I I I z, w l LL I O I 1 1 U'1 l0 N V' N ~ ~ f-I H r-I O ~ w r-I lf') N N O~ M r-I N M M O~ O M L(1 ~-I O~ r-I ~o O ri O M ~o M N O M c ri N M r-I ~ O M M Cf1 m ~--I ri CO t~ ~ (~ to l0 rn C' r-I ~ N M Lfl N ~ Q't O r-I C ~ O ~ M w ~o o Lfl t17 N tf) r-I M ri V' Lfl ui O N M Lf1 N ~ H r-I r ~ M N o d' N ~ r-I o Ul ri N Q~ rn N r-I O o M N M rn ~--I C~ ~ r-I ~ 01 r-I H I a•I I I fY. W W 'Z. H O I I I I I I I I Q I H I W I I M O o (~ O O M O 0 d~ O O -1 O 0 O rl r-1 N O 0 O '-i N O O 0 01 O O --1 O 0 r-I O O O O 0 N O O O O 0 M O O M O 0 d' r1 rl N O 0 M O O M O 0 N O N N O 0 O O O 1 O 0 M O r-1 l O 0 O~ ri O o t!'1 Lfl N O O O O 0 0 0 0 rl OD ~D M r-1 O O O O O O O -I O 0 10 N Cfl N O 0 M O O ~ O 0 O ri O N O 0 l0 N O -I O 0 tll O r-1 l O 0 r-I O O i O 0 r-I O O i O 0 N O O H O 0 N O O U U Q,' }~ fIa I I I I I I i lfl l~ ~ d' O r-1 l1'1 l~ [~ VI O ri Lf) ~ ~ ~ O ri Lfl [~ ~ d~ O r-1 O ~ Ul H O r-I O r-I ~ 1D O r-1 O O N M O r-I O O N M O ~-~I O lfl lfl rl O ri O~ O~ N M O r-I [~ d' ~ O O ri ~O O Ul VI O rl ~D O L[1 d' O rl O Lfl N [~ O rl O O O O L(1 lIl l11 01 N N N O [~ [~ h M O O O O r-I r-I H .--1 l~ O L!1 V' O r-1 O (~ Q~ .--1 O r-I OD O Ul V' O r-1 CO O lf) V' O r-1 O ~ N [~ O r-1 ~ lfl N I~ O r-1 M C~ L~ N O r-f O ~O [M r-I O r-1 O ~D ~ ri O r-1 ir] E-I R' O U1 H R.' a1 I I I Ali I I I F I Zi I ~ I M O M O [~ CO lf) O CID O O O~ lf) O M O M O r-I O lD O ~ N N O lfl O N V' N O to O (~ CO N O l11 O Lfl l~ ~-i O r-I O O~ [~ r1 O lf1 O lfl lfl r-I O ~-1 O d' M N ~-I M O O l~ rl O l~ O V' [~ M O C71 O O M V~ O CO O M N N rl d' M O O O O [~ d' N O O O O O d~ l~ ~ M l0 ~O CO O N O to O O O N O V~ O O O~ M O 10 O CI O H O l0 O O N f-I O l0 O~ ~ N N O ~O O M ~ ~ O ~O O N Q~ ~ O ~O O O ri ~--~ O C' r-1 O r-1 O LL w a, O I U I U I !1,' I O U1 ~ M O Cf1 ~ M ri Lfl ~ M .1 lf) ~ M O ~D ~ M O 1D ~ M O l0 ~ M O ~D ~ M N f~ ~ M O CO ~ M e--1 O~ ~ M r-I O t` M N O ~ M O rl r M r-I r-I r-1 O rl ri H N ~ ~ ~ ~ M M M M O I~ r M r-I !~ ~ M O O ~ M O O r M O O~ ~ M l!'1 N m M to N o M l0 N o M ~O N m M w 0 ~, a a N O O N O O N ~+ O F u~ W F F zH O U U z W a 0 E-~ a w w z H Q '~.. H a a O U U r W [] w cq a ~ o z m ~ H F 2 ~ ~ ~ ~ a v W U a Q N I~ M .-1 ('~1 r-1 r-I l~ [~ N f~ r-I [~ [~ c0 rn ~ r ,-~ ~ N r-1 N l1') L~ r-i I~ lf1 LLl CO N [~ GD V~ d' ~ r-1 f+1 h 10 d' O lp t+1 U U U U U ~ W W PD W CA ~ Q ~ Q d ~ + U U U U U # v v a lD O a~ ~ ~ ~ N [~ c'~1 r-I M O~ tf) I~ ei h lJ1 lf'1 V' .--I ri [~ l~ N l0 t11 CO N f~ m N ~ N ~D N N t'1 O 01 O~ r1 ~D CD ~D ~D C~ M Lf1 01 d~ O~ C' c'1 N I~ f~1 N r-1 N N N N d~ t~ ri r-1 d' V' r-1 N ~-1 ri r-1 O O O O O O N O O O ~ rn d' M ep O O rl M r-1 O N .-1 r-I N o r ~ .c o 0o w w w co 00 N N N GD N N N N N 0 0 0 0 0 ~ ~ ~ ~ ~ N N N rl r-1 0 0 0 0 0 a~ co .~ ~ w o ~ 0 0 0 ~ ~ ~ ~ ~ d~ O d~ ~O O~ ~O C~ l~ l~ m N N N N N m m m m m M M M r, M O O O O O O O O O O fvl O~ N CO CO 0 0 0 0 0 0 0 0 0 0 O o ~D ~O O ~ r o o ~n ~D ~O 111 Lfl N ~ ~ w a r 0 0 0 0 0 ~ ~ ~ ~ ~ N t11 d' M N 0 0 0 0 0 rn rn ~ ~ r 0 0 0 0 0 ~D l'1 ul N tp M O~ N O~ U1 O O rl r~ r-I ~ ~ o o ~ M M n n n N N ['~1 Cl C1 t°o/ Agenda Information Memo May 7, 2002 Eagan City Council Meeting PUBLIC HEARINGS D. CERTIFICATION OF CLEAN UP (a~ 4391 GARDEN TR ACTION TO BE CONSIDERED: To approve or deny certification of clean up at 4391 Garden Trail to Dakota County for collection with property taxes. FACTS: • The City currently has 1 property with delinquent payment. The assessable amount of this accounts is $ 4,539.84. This item is in order for certification to the County. /~3 Agenda Information Memo May 7, 2002 Eagan City Council Meeting E. WELL HEAD PROTECTION INVENTORY ACTION TO BE CONSIDERED: Acknowledge the intent of the Wellhead Protection Plan and authorize the implementation of the inventory and evaluation of the delineation areas. FACTS: • In 1986, the Federal Government amended the 1974 Safe Drinking Water Act to include provisions for protecting ground water and instituted the Wellhead Protection Program. This program requires local governments to manage potential contamination sources in all areas that could contribute to a public water supply. Under this Act, all drinking water source protection areas must be evaluated by 2003. • In 1996, the City worked with Dakota County to jointly develop ahydro-geologic map and ground water movement model to determine areas that contribute water to our supply wells within a 1 & 10-year travel time. These delineation areas have been placed on city maps to identify the property parcels and their land uses that lie within these areas of influence. This delineation area is referred to as the Drinking Water Supply Management Area (DWSMA). • Properties within these boundaries will be investigated for potential sources of contamination by researching records with the state Department of Health, PCA, Dakota County Soil & Water Conservation Districts and on-site evaluations by City staff. • Part of this program requires the local agency to hold a public meeting to inform the public of the City's intent to inventory and evaluate the delineation areas within the DWSMA and to officially open the process for public input and involvement from the delineated property owners or the public at large. • Based on information received from this process, the City will then proceed to prepare a Wellhead Protection Plan to identify and prioritize any actions that may be necessary to protect the sensitive recharge areas of our municipal wells. • A representative from the Department of Health will provide the required overview, discuss the goals and objectives for this Program and answer any questions from the Council or the interested public. • Due to the thousands of parcels that lie within the delineation azeas, individual notices of this public meeting discussion are not required. ATTACHMENTS: • Delineation azea maps, pages ~ & ~~ /0~ g ~ ¢ ~ ~ _J = .p ~ O v Z c ~ N > ~i ° °o w ~ o C> m c m o ~ ~ ~ ~ z~ NI W ~ W N ~ c~ J L6 ~ '~ ~ ~. ~ O ~ p' ,U- ' Q r r (.) ~ oo 7 u ~ ~ ~~ 0 ~~ y" ' ~ ~ V , ,J ~~~ .lh~' ry I r ~ 1 " _- .gyp ~ ~~ ; ~ t }~- 1~ t +"~~ ~ a ~t ,, opt I _ s / ,~ ~~ - _ ~(~~ ~ r ~ )` a ~. , ~~: e )T ~,.~ . Ow ~./ - ~ ~ - - 1i yh ~ ~~: Y.` 6. ~~ ~ ~._ ~' ~~: l= ~...~~ ~ _ ~-: ,~ a~~, Q ~; aQ. ~ ; i~ . , ~~ ~~ _ e . -- t ~r - - ~ i ~~ %~. it - b;~ e r ~~. '~ A r ~~ ~ ~ ~ ~ i r r~ a ~ O'S l ~~'l p ~.- Y~ ~ ~ 1 ,_ ., . ~5 ~ °`~ ' 1' ~ ~- ~ ~~ ~ ' ` ~ r . b ` sy. ~. _ ~ V ~ r _ t~ , ~-_ woz zrto a zz xw u j '~„'mvsnno va+!a~ vw~~ wnn wore .~ vwdrl '~ w~ ~oe~•a+a veaw.* ~wew,~,au~0.~ett~st~ez~w~+A~!'+ona'ze ~a ~~ ~W ~ ~ LL cv ao pJ~ N pWW ~ Z~ o LL = ~' ~~U UOZ 0 o ¢ g~ ~ m ai ~ ~ W c p J ~ ~ ~ ~ c g ~ OJT (7 ~ C C ~ ~ ~ m N ~ Z~ O ~ ~~ Gl ~ ~ •V ~ Q `' ~ °o OO`. ~ oa ~ ~ ~~ p~ o • ~ j ~ r f ~ ~ ~. .ter 1 ~ J~ 1 F•. ~•~ ~-,`-' ~;~~ U, l - ~ ~ , _ ,w j r- ~r ~ I ~~ Y'+ ~''~ ~ ` ~~: l~b _" _ - ~ c CSC ~ ~1r-~~~"~ 7~~~~ `~`-` ~ I ~ " `~~~ - 'ti ' '-~ ~+ ~" ~ 1. g~ z ~1.. - 4~ ''~ Y ~ S- Jl~ ~ .Y., ~' 1 J i-~'~ ~' `/~ cam. + \~'- ~ /. l J~; ~p. *~fa~sr ?~~r 11{ J ~ ~ _ ~5 y ~ _ :. J "lJ~ j ,~~ Tjt ~~~ i~ a " r _ ~ ~~ ~ °ss `` ~ ~ ~~ ,, .s ~= _ `jam + 1 c- - ~ ~~. ' ~~. -'J5 sir ~ F~' 1~'-' ~.. ~ _~jn 9:_ '~ .'tic ,~,~, `. )~ _ \ 7 ZOOZ L4~L0~ L ~eyy Nd IW+ b'WSMO W!j IWM W^oS ~ ~ jpw • l~~ n 3 ~' a ~_ ~ E ~ ~ c ~ - _ o l ~,,_ _ ,, till' ~~ ~ // _ "!/ `il .~ ~- i(- ., ~j '•,~~ _I f / ~. ~=~" r•- ® ~ '~ `~ ,1 ~~ ~~ + .~~oi~,c n,. ~-~, ~, ~ ,~,. s! BLL16N£A! YOAId SE ~!~V 1iaB Agenda Information Memo May 7, 2002 Eagan City Council Meeting F PROJECT 813 CENTRAL PARKWAY STREETSCAPING AND LIGHTING ACTION TO BE CONSIDERED: ApprovelModify/Deny Project 813, Central Parkway (Streetscaping and Lighting), and if approved, authorize the preparation of detail Plans and Specifications. FACTS: • Project 790R provides for the continuation of the City's Ring Road with the construction of Central Parkway between Pilot Knob Rd. and Yankee Doodle Rd. as a 2-lane divided parkway with a trail along the west and north side. This project was approved at the public hearing held on January 16, 2001. • Project 813 provides for the installation of streetscaping elements, including boulevard and median landscaping, street and pedestrian way lighting, entrance and linear monumentation, etc., along this newly constructed Parkway. On February 5, 2002, the Council authorized the preparation of a feasibility report for Project 813, which was completed and presented to the Council at their April 2 meeting. Subsequently, a public hearing was scheduled for May 7. • All notices have been published in the legal newspaper and sent to the 3 affected property owners informing them of this public hearing. Staff has met with the Lockheed Martin Corp. on May 1 to review and discuss this proposed improvement. Besides the City's Central Park, the only other property owners (Joe Miller Farms/Duke Weeks) have been informed through the subdivision's development agreement process. ATTACHMENTS: )~y • Feasibility Re ort, pa es / V~ through • On pages and .~ is a letter from Lockheed Martin. /07 S~'"city of eagan DESIGN AND FEASIBILITY STUDY AND REPORT FOR CENTRAL PARKWAY STREETSCAPE AND LIGHTING CITY PROJECT N0.813 EAGAN, MINNESOTA REVISED APRIL 2002 REVIEWED BY: City of Eagan Department ~f Public Works REVIEWED B City of Eagali Finance Department I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed Landscape Architect under the laws of the State of Minnesota. Joh arson Date: 'J~'Z OZ Lic. No. ~~~b SRF No. 0024440 ~~~' C ONSULTING GROUP, INC. One Carlson Parkway, Suite 150, Mi~eapolis, MN 55447-4443 • 763-975-0010 /off CONSULTING GROUP, INC. Transportation • Cis it • Structural • Environmental • Planning • Traffic • Landscape Architecture • Parking March 27, 2002 REVISED May 2, 2002 Honorable Mayor and City Council CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN 55122 Dear Mayor and Members of the Council: Subject: PROPOSED STREETSCAPE ENHANCEMENTS FOR CENTRAL PARKWAY Enclosed please find the design and feasibility report for proposed streetscape enhancements, lighting and landscaping along Central Parkway. The streetscape enhancements proposed are consistent with the vision set forth by the City Council and Comprehensive Plan to enhance and create an identity for Centra] Parkway and define the future character of the ring road extension around the central business district. We would be pleased to meet with the City Council, staff and other interested parties to review any aspect of this report. Respectfully submitted, SRF Consulting Group, Inc. ~~~~ Barry er, FASLA, AICP Senior Vice President John Larson, ASLA Senior Associate One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443 Telephone (763) 475-0010 ^ Fax (763) 475-2429 ^ http: / /wwvti~.srfconsulting.com An Equa! Oyportunity Enipluycr X09 CENTRAL PARKWAY STREETSCAPE AND LIGHTING IMPROVEMENTS EAGAN, MINNESOTA CITY PROJECT N0.813 TABLE OF CONTENTS Letter of Transmittal Table of Contents Page No. I. Introduction .......................................................................................... 1 II. Summary and Recommendations ......................................................... 1 III. Project Description ............................................................................... 2 ^ Decorative Lighting ..................................................................... 2 ^ Decorative Paving ....................................................................... 2 ^ Decorative Masonry & Pre-Cast Concrete Columns .................. 2 ^ Decorative Steel Fencing ............................................................ 2 ^ Medians ....................................................................................... 3 ^ Landscaping ........................ ............................... ......................... 3 ^ Irrigation ...................................................................................... 3 ^ Signage & Miscellaneous Amenities .......................................... 3 IV. Right-of-Way/Easements ..................................................................... 3 V. Permits .................................................................................................. 4 VI. Estimated Costs .................................................................................... 4 VII. Affected Properties ............................................................................... 5 VIII. Assessments ......................................................................................... 5 IX. Revenue Sources .................................................................................. 6 X. Project Schedule ................................................................................... 6 APPENDIX • Preliminary Engineers Cost Estimate ^ Proposed Assessment Summary ^ Figure 1 -Project Location Map ^ Figure 2 -Project Area Map/Assessment Parcels ^ Figure 3 -Proposed Typical Street Section ^ Figure 4 -Gateway Corner Aerial View ^ Figure 5 -Typical Plan and Cross Section ^ Figure 6 -Gateway Corner Entry Details ^ Figure 7 -Lighting //0 I. INTRODUCTION This design and feasibility report has been prepared to provide the City of Eagan information to consider streetscaping improvements for Central Parkway (Project 790R), which is located between Yankee Doodle Road and Pilot Knob Road. This design and feasibility study was authorized by the City Council on March 13, 2002 to analyze proposed boulevard and median streetscape enhancements for Central Parkway. streetscape enhancements implemented along Central Parkway will eventually be extended along a future ring road extending east and south of the parkway. streetscape treatments may also be incorporated into future plans for other significant Eagan streets through coordination of this study with the objectives set forth in the on going streetscape master plan. This report identifies proposed streetscape improvements for Central Parkway including gateway corners, lighting, pedestrian walks and seating areas, masonry columns and fencing, median landscaping, irrigation and signage. This report also identifies estimated construction costs for all streetscape improvements as well as potential assessments to adjacent property owners. II. SUMMARY AND RECOMMENDATIONS The implementation of the proposed streetscape elements will reinforce the desired character of Central Parkway, enhance the park like quality of the entrance to the city's new Central Park, and compliment the corporate character of the existing businesses adjacent to Central Parkway. The following recommendations are presented for the Council's consideration: • It is recommended that the City of Eagan proceed with the implementation of streetscape enhancements on Central Parkway to create enhanced entries for Central Park and adjacent businesses, and establish a palette of streetscape elements that can be implemented along future sections of the ring road extension and other significant streets. • It is recommended that the City Council receive the feasibility study and schedule a public hearing for the project to consider proceeding with the implementation of the Central Parkway streetscape improvements between Pilot Knob Road and Yankee Doodle Road. • It is recommended that the City of Eagan review this report with Dakota County to discuss potential gateway corner enhancements within the Pilot Knob and Yankee Doodle Road right-of-way and initiate the county approval process. Central Parkway streetscape and Lighting Pagel April 2002 /i/ III. PROJECT DESCRIPTION The proposed alignment of Central Parkway will provide access to the existing Lockheed Martin facility parking lots, the proposed Argosy building facility, Central Park, and Duke Realty property. Access Drives to these properties should be highlighted with landscape features along the right-of-way and within the center medians. Parking lot edges along Central Pazkway should also be screened through the use of landscaping to help create a defined edge along the parkway. The two main entries to Central Pazkway from Yankee Doodle Road and Pilot Knob Road should also be highlighted with prominent landscape and site features. The following amenities are proposed to be implemented along Central Parkway: Decorative Lighting A traditional "acorn" style light fixture would provide both roadway and pedestrian scale lighting to help reinforce a defined edge along the parkway. Single and double fixture poles are proposed to be located between the sidewalk and street curb right-of-way, which will help provide a sense of separation between pedestrian and vehicular traffic. Decorative Paving Pedestrian walk areas at roadway intersections would be enlarged and highlighted with decorative concrete pavers to create a sense of entry and raise awareness to pedestrian crossing areas on Central Parkway. A decorative concrete border is also located on the median islands on a 2'-0" beveled border around the outside perimeter of the curb edge. The beveled concrete edge will allow for planting azeas to be located higher above the roadway for better visibility and protection from damaging salt spray. Decorative Masonry and Pre-Cast Concrete Columns Masonry columns with precast concrete bases and caps would also highlight entries to Central Parkway from Pilot Knob and Yankee Doodle Road and are incorporated adjacent to decorative paving areas. The tops of columns are also highlighted with light fixtures that are compatible in design with roadway lighting on the Parkway. Decorative Steel Fencing Decorative "wrought iron" type steel fencing with distinctive rails and pickets would also be incorporated adjacent to the lazger masonry columns. Smaller masonry fence columns would also be intermittently spaced between fence sections to match the larger light base columns. Central Parkway Streetscape and Lighting Paget April 2002 //~ Medians A ten to fifteen foot wide curbed median island is proposed along the entire length of the pazkway to help reduce the scale of the roadway and define turning lanes into adjacent access drives. Median islands will contain a combination of concrete surfacing and landscape treatments, irrigation and signage. Landscaping A hierazchy of landscaping would be incorporated throughout the parkway within the rights-of-way and on median islands. Ornamental trees, shrub and perennial massings aze located at the parkway entries to highlight the masonry column and decorative steel fence azeas. Median islands would also be highlighted with perennials, shrub massings, and a backdrop of ornamental and large canopy trees in an arrangement that will maintain visibility and sight lines for motorists traveling along the parkway. Lawn areas are also incorporated under large canopy trees in the central portion of medians. Irrigation All median- areas will be subjected to drought conditions that will require the installation of an irrigation system. An irrigation system would also dilute the larger concentrations of salt present in the soil in the spring months and allow for healthier root growth of plant material. Larger concentrations of plant material located at street intersections and driveway entries would also be irrigated. Signage and Miscellaneous Site Amenities Roadway identification signage would be located on masonry columns located within the medians at Pilot Knob Road and Yankee Doodle Road. Decorative steel benches and matching trash receptacles would also be located in several areas along the parkway where higher concentrations of pedestrian traffic will be present. IV. RIGHT OF WAY AND EASEMENTS Permanent right-of-way and temporary construction easements have been purchased from properties along the proposed Central Pazkway. The approximate additional right-of-way required to construct portions of the Gateway corners with landscaping behind them is summarized in Table 1 and shown in Figure 6. During final design, any temporary easements required to complete the project will be identified and obtained. Central Parkway Streetscape and Lighting Page3 April 2002 //3 Table 1 Estimated Right-of-Way and Easements City Project No. 813 -Central Parkway Streetscape and Street Lighting p~ Parcel Permanent Right-of-Way Area (ft2) F 3661 G 7817 Parcel Designations correspond to those shown on Figure 2, Project Area/Assessment Parcel Map V. PERMITS A permit from the Dakota County Highway Department would be required for the construction of that portion of the proposed corner gateways located within County right-of-way at Pilot Knob Road (County Road 31) and Yankee Doodle Road (County Road 28). VI. ESTIMATED COSTS The estimated cost of City Project No. 813 is summarized in Table 2. The total project cost for streetscaping is based on a construction cost estimate including an additional 30 percent for legal, administrative, engineering design and inspection, contract adnunistration and capitalized interest. The cost for streetlighting is based on a preliminary estimate provided by Xcel Energy. A detailed estimate of construction costs is included in the Appendix. Table 2 Estimated Costs City Project No. 813 -Central Parkway Streetscape and Street Lighting IMPROVEMENT COST CENTRAL PARKWAY Streetscape (includes 10 percent contingency) $ 616,264 30 percent Admin., design, etc. $ 184,626 Subtotal $ 800,890 Street Lighting $ 205,110 Right of Way Easements $ 000 TOTAL PROJECT COST $1,006,000 Central Parkway Streetscape and Lighting Page4 April 2002 //~ VII. AFFECTED PROPERTIES The properties in the area that aze affected by the proposed improvements and require notification of the public hearing are listed as follows (see Figure 2 for parcel identification). PARCEL PROPERTY IDENTIFICATION DESCRIPTION F 10-79951-021-01 Lot 2, Block 1, Unisys Park 2nd Addition G 10-79951-010-01 Lot 1, Block 1, Unisys Park 2nd Addition M~'~ 10-79951-022-01 Lot 2, Block 1 Unisys Park 2nd Addition N~'~ 10-79951-023-01 Lot 2, Block 1 Unisys Park 2nd Addition P"~ 10-79951-024-O1 Lot 2, Block 1 Unisys Park 2nd Addition ~'~ City Property. VIII. ASSESSMENTS A. Assessment Summary The cost of City Project No. 813 is proposed to be assessed to the benefiting properties on a front-foot and/or area basis. Streetscaping and street lighting improvements will be assessed to the Duke Realty (Country Joe Miller) pazcels and Lockheed Martin for their frontage, and allocated at a rate based on the frontage of each pazcel. It is assumed that a contribution will be made by the City of Eagan based on the lot frontage of the Community Center site. B. Assessment Financing Options At the time of the Assessment Hearing, property owners will have the option of paying any portion of the assessment following the Assessment Hearing or, including the assessment as part of their property tax statement. If the assessment is included in the property tax statement, the assessment will be spread over a 15-yeaz period at an interest rate determined by the bond sale financing this improvement. Central Parkway Streetscape and Lighting Pages April 2002 f /~ IX. REVENUE SOURCES Revenue to cover the costs of City Project No. 813 is estimated as follows: Project Cost Assessment Revenue City Contribution Central Parkway A. Streetscaping $800,890 $620,427 $180,463 B. Street Lighting $205,110 $158,893 $46,217 C. Right-of-Way/ Easements ~0 $0 $0 TOTAL $1,006,000 $779,320 $226,680 Note: Refer to the Assessment Calculations and Assessment Summary in the Appendix for specific assessment revenue. *City Contribution is based on lot frontage of the proposed Community Center site. X. PROJECT SCHEDULE The proposed schedule for City Project No. 813 is as follows: Public Hearing/Approve Project 813 May 7, 2002 Advertise for Bids/Approve Plans and Specifications June 18, 2002 Open Bids July 11, 2002 Award Contract July 16, 2002 Notice to Proceed August 2, 2002 Substantial Streetscape Completion Total Streetscape Completion Final Assessment Hearing First Payment Due with Property Tax Statement November 15, 2002 June 30, 2003 September 2003 May 15, 2004 Central Parkway Streetscape and Lighting //~ Page6 April 2002 APPENDIX ^ Preliminary Engineers Cost Estimate ^ Proposed Assessment Summary ^ Figure 1 -Project Location Map ^ Figure 2 -Project Area Map/Assessment Parcels ^ Figure 3 -Proposed Typical Street Section ^ Figure 4 -Gateway Corner Aerial View ^ Figure 5 -Typical Plan and Cross Section ^ Figure 6 -Gateway Corner Entry Details ^ Figure 7 -Lighting Central Parkway Streetscape and Lighting Pagel April 2002 //~ CENTRAL PARKWAY STREETSCAPE ELEMENT UNIT UNIT COST CENTRAL PARKWAY Ouant Cost PAVING AND CONCRETE WORK Precast concrete avers 6 lazes s . tt. $6.00 10D00 $60.000 Precast concrete vers ®med~an s . ri. $6.00 5000 $30,000 grate 8 Mason Work Total 590 000 LIGHTING Si nand accent Ii htin lu sum $10,000.00 1 $10,000 PiNarli ht ee. $1,500.00 16 $24,000 tM Totat 534.000 LANDSCAPE Boulevard tines as 5350.00 158 $55.300 Median cano trees ea $350.00 39 $13,650 Ornamental trees ee. $250.00 49 512,250 Shrubs s . tt. $4.00 6790 ~ $27,160 Perennial lantin tt. $12.00 4320 ' $51,840 Sod s d. Sa.50 11D00 $49,500 Addir~onal to soil cu. tl. $10.00 694 $6,940 Im anon for trees B shrubs lum sum 1 535,000 Allowance for re-seedin lum sum $5,000.00 1 $5,000 Landsca Total ~ 5256,640 SIGNAGE AND STRUCTURES Median ent sin ea. $12,000.00 2 524,000 Brack-laced Iree-standin illars ea. $4,000.00 16 564,000 Brick-laced fence illars ea. $1,300.00 30 539,000 S na and Strueturos Total 5127,000 Site Amenities Benches ea. $1,200.00 8 ~ 59,600 Trash Receptacles ea. $1,000.00 4 $4,000 Ornamental Fence I.f. $SO.DO 780 $39,000 SMe Amenltles Total 552.600 SUBTOTAL 5560,240 1090 contin enc $56,024.00 SUBTOTAL 1616,264 30 r Des~On. administrative tees. etc. $184,626 STREETSCAPE SUBTOTAL 1800,690 LIGHTING BY X-CEL Median fixtures ea. $3,159.00 20 563,180 Pedestrian fixtures ea. $1,470.00 19 527,930 ConduiVleeders/ wersu pl Ls. 5114,000.00 1 5114,000 X-CEL LK>tiTING SUBTOTAL :705.110 GRAND TOTAL 51,006,000 SRF Consulting Group. Inc. //~" PRELIMINARY COST ESTIMATE a26rzooz H: \LA R C H ut440~E X C E L W S S E S S-SUM 2 COMM. N0. 0024440 DATE PRINTED 4262002 PROPOSED ASSESSMENT SUMMARY CITY OF EAGAN PROJ. N0. 813 CENTRAL PKWY STREETSCAPE CITY OF EAGAN CENTRAL PARCEL PARKWAY F G M N C.P. NO 813 DUKE REALTY LOCKHEED- CITY OF EAGAN CITY OF MARTIN EAGAN TOTALS 1 Q79951-021-01 10-79951-010-01 10-79951-022-01 10-79951-023-0 i LOT FRONTAGE LIN. F1 5.725 1,596 2839 incl. wim arcel N 1,290 IMPROVEMENT: ASSESSMENT: STREETSCAPE A S 800.890 S 223.270 S 397,157 S 180,463 STREE' LIGHTING B S 205,1 10 5 57,180 5 101,713 546.217 TOTAL S 1.006,000 S 280,450 S 198,870 $ 226,680 I I I I I I (C) NOTES: (A) INCLUDES ESTIMATED COST FOR STREETSCAPE AND RIGHT-OF WAY ASSESSED AT A RATE OF 5139.89345 PER LIN. FT. (B) INCLUDES ESTIMATED COST FOR STREET LIGHTING ASSESSED AT A RATE OF 535.827074 PER LIN. FT. (C) COSTS ASSIGNED TO CITY OF EAGAN ARE BASED ON TOTAL LOT FRONTAGE OF THE PROPOSED COMMUNITY CENTER SITE. PROPOSED ASSESSMENT CALCULATIONS Assessments for City Project 813 streetscape and street lighting improvements are assigned on a front footage basis for parcels F, G, M, and N. Assessment rates are computed as follows: STREETSCAPE: (Street costs + ROW costs) STREET LIGHTING: (Street lighting costs) x (Parcel frontage) (total Frontage) x (Parcel frontage) (Total Frontage) = Rate (S per LIN. FT.) Rate (S per LIN, FT.) Pagel // CITY OF EAGAN FIGURE C.P. NO. 813 CENTRAL PARKWAY ~ Consultlas Getup, Inc ;,~,, ,,,~~~,.,,.ve,~,~,~ PROJECT LOCATION MAP J- /.2 0 con.ultin6 GmuQ, n,c. „ri,j .x ~~i.r.,2:G~:I~.4+=..~„y".":'l'.::',GOL ~'~r2~ CITY OF EAGAN C.P. NO. 813 CENTRAL PARKWAY PROJECT AREA MAP/ASSESSMENT PARCELS FIGURE 2 /ai pRpp E PROPOSED ROADWAY PROP R/^ R/N 60' S0' 6' !0' 15' 6' la• 11' 11' 14' 8' 7• ,~. TRAIL BLVD ML THRU MEDIAN THRU HL BLVD a' .`~7 ' 2.0% 4.Oi B61B CLG 4.OY, 4,0% 8618 CLG 4, p% i 2.OY. / 2.0% i r TYPICAL SECTION PROPOSED CENTRAL PARKMAY PROP R/N 4 PROPOSED ROADWAY PROP R/1I 6D' 1 sD' '~ 4' 10' 15' 6' 14' 10' ' l4' 12' l4' I1' r TRAIL gL VO HL THRU uEDIAN LT. TURN THRU `lp'1~ RT. TURN BL V[ I ' , p 2.0% 4. 0% 8618 CLG 4.0% ~' % y,0% 2. 0% ~ 0% 2 4.0% , J 2. 0% . I 8618 CLG i 4~ 1 8618 CLG TYPICAL SECTION KNAY PROPO~E~ C~ R N A~ ~ U N A ES PROP PROP R/^ ( PROPOSED ROADWAY R/N 50' S0' 5' IO' l5' l4' 6' E' 14 15' 10' S' ' i TRAIL BI VD THRU TURN LANE THRU BLVD TRAIL ~ ~ 2.0% 4, 0% 2.0% 2.0% 4.OY. 2.07. r / ,, 3 661E CLG 861E CLG TYPICAL SECTION PROPOSED NORTNM000 PARKNAY CITY OF EAGAN FIGURE C.P. NO. 790R CENTRAL PARKWAY ~3 Coe~ulda;Croup. Inc TYPICAL STREET SECTIONS goo ~Q:2~J?+ ibe ~JP+LP? ~~ -r~ /a~ ..r~. C Streetsca~e Elements - Decorative Light Fxtures Boulevard Trecs Planted Median Decorative Concrete Median Pavers „~, _: III 't.. • ~~ Gatewa Cv orner [.~ Masonry Columns with Lanterns ~ - ~ ; Ornamental Tree Planting ~_~. Wrought Iron Fencing - a~ '' Shrub and Perennial Planting--~-- Decorative Concrete Pavers '` ~0~~ ~ ,_~ Central Parkway Streetscape -Gateway Corner -Aerial View Figure 4 ~~~~~,~~ Intersection of Central Parkway /Pilot Knob Road March 20, 2002 /~ Turf Boulevard Path Lighting Option -Pathway Light Colorful Planting v Wrought Iron Pence with Brick Columns\ Lighting Option - In Median ~''~ ~~~i ~ Concrete Median Paver ~~ Typical Cross Section g~~ f~th Decontive Light Pbdure Turf Boulevard Boulevan:! Trees _~_~ ~=20' -------- --r---t----•---~---------------~--~---- ~,~~~ .,,, Turf Median Canopy Trees AdJaunt Lommencial Use ~~~, ~-~~~~1~l~ILll 1~1 Ornamental Trees, 5hruba, Perennials Decorative Concnete Paving Typical Plan Segment c~~,~~ c.a,.. ~~ March 20, 2002 ,_~. .~--~'.~ Central Parkway Streetscape -Typical Plan 8 Cross Section Figure 5 /~ fY l' J Masonry Column with Lantern Wrought Iron kncing Decorative Concrete Pavers Gateway Corner Elevation Ornamental Flowering Trees Shrubs Colorful Perennials ,•=ZO' c ~ F ~ ~ y - . ~ ~/ J ~ ~. :.: :: rt ~ .L 'a '~ ~ ' y ~; . ; x ~r 1 y~ ~j ; . r, Masonry Column with Lantern Onamental Flowering Trees Wrought Iron kncing Shrubs Decorative Concrete Pavers Colorful Perennuls Gateway Corner flan ~• = zo~ Central Parkway Streetscape -Gateway Corner Entry Details Figure 6 ca+s~n,9+~ c.«,.. ~~ March 20, 2002 /~~ Gateway Detail ~•=8~ A. D. 8. C. ® '~ - -Y- Lighting Options Central Parkway Streetscape -Lighting Figure 7 comnm+c Gaon, L+c March 20, 2002 /026 Lorkhced Martin Tactical Detcnsc S~>tcm. PO Bus (,-l~_'~ St. Paul '~9\ ~j164-(1~~~ L O C K H E E D M A R T I N May 3, 2002 The Honorable Pat Awada, Mayor Eagan City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55164 To Mayor Awada and members of the Eagan City Council: We are deeply concerned with the Design and Feasibility Study and Report for Central Parkway Streetscape and Lighting, City Project No. 813, Revised April 2002 we received on April 23, 2002 wherein the City of Eagan (°City") proposes numerous streetscape improvements for the Community Center/Central Parkway Project. The study requires LM to incur an assessment in the amount of $498,870.00 for landscape improvements to areas located on either side of the Parkway entrances. The study also requires a 7800 square foot easement from LM for these Gateway Corner locations. For the past year and a half, we have worked cooperatively and in partnership with the City to execute agreements to facilitate the Community Center/Central Parkway Project. Throughout our negotiations, we relied, in good faith, on the information contained in the Feasibility Study and Report for Central Parkway City Project No. 790R, dated December 2000, provided to us by the City, and the verbal representations of Mayor Awada, members of the City staff and their legal representatives. We all recognized the importance of ensuring that all aspects of the project, particularly any financial obligations to LM, were finalized within the set of documents, namely the Master Development Agreement. Principles of Agreement Between the City of Eagan and Lockheed Martin Corporation Regarding the Citv's Central Parkway Project #790, Easement Aca~uisition and Exchange Agreement, dated August 7, 2001, December 26, 2001 and December 26, 2001 respectively, executed between the City and LM during 2001. We believed this goal was achieved when the City represented that these documents covered all aspects of the entire project, including costs. In the documents executed to date, the Parties expressly agreed that except for items specifically addressed, LM would be relieved from "any assessment or responsibility in any way for any other costs related to the Project or the Community Center/Central Park Project." The agreements executed to date between LM and the City were based on the December 2000 Feasibilty Study Project No. 790R. This Study included all landscaping for the Community Center/Central Parkway Project. The fact that this study has subsequently been revised to make landscaping a separate Project does not change the scope of the Agreements between us. We were surprised and disappointed, therefore, to ~a6A discover that the City is seeking to assess LM $498,870.00 in connection with this separate project. This seems contrary to the Agreements between us and to the spirit of partnership that formed the underlying basis of those Agreements. We remain committed to the Community Center/Central Parkway Project and to strengthening our partnership with the City toward endeavors that benefit the Eagan community. We ask, however, that the Council review our previously executed Agreements and the assurances provided to us by the Mayor, City staff members, and City representatives in rega-d to each of our obligations with respect to the Community Center/Central Parkway Project and its scope. We then ask the City to revisit the "new" Project, including the proposed assessment against LM. To Lockheed Martin, the revised Project and proposed assessment is a credibility and integrity issue, in addition to an economic issue. We hope that LM and the City wilt be able to continue building a mutually beneficial community partnership. With Kindest Regards Lockheed Martin Tactical Systems ~. -~ Mari yn der Directo uman Resources & Facilities ~a~ a Agenda Information Memo May 7, 2002 Eagan City Council Meeting OLD BUSINESS A. VARIANCE Gerald R. Bull ACTION TO BE CONSIDERED: • To approve a 2% building lot coverage Variance for residential property located at 4557 Majestic Oaks Place (Lot3, Blockl, Majestic Oaks 2°d Addition). FACTS: • On November 8, 2001, a Variance request to allow building coverage of 23.8% for new home construction on the subject lot was denied by the Eagan City Council. • The Findings of Facts, Conclusions, and Resolution for Denial adopted November 20, 2001, states that the applicant failed to provide evidence of hardship to support his request. It also mentions concerns raised by a resident of setting a precedent in the Majestic Oaks neighborhood. • The applicant formally applied to appeal the November 8`'' denial and provided a revised house plan showing 22.9% lot coverage. The City Council denied the applicant's appeal at the February 5, 2002 Council meeting. • The applicant has since worked with his builder to further reduce the size of the proposed home resulting in 22% building lot coverage. • On April 16, 2002 the City Council approved a motion to reconsider the applicant's revised Variance request. ATTACHMENTS: (4) • Staff memo, pages ~~ through ~~. • Letter from applicant and floor plan, pages ~ through. • Minutes from related Council meetings, pages through ~~ • Original Staff Report, pages ~hrough ~/~~ /a~ /~ .- tl {..j.t. - city of eagan MEMO TO: Mike Ridley, Senior Planner FROM: Erik Slettedahl, GIS/Computer Systems Technician DATE: April 2b, 2002 SUBJECT: Gerald Bull Variance Reconsideration (4557 Majestic Oaks Place) Request Gerald Bull is requesting reconsideration of a Variance request for Lot 3, Block 1, Majestic Oaks 2"a Addition heazd at a public hearing held by the Eagan City Council on November 8, 2001. Background • The subject lot is 12,324 square feet and is currently vacant. • The original Variance request was fora 3.8% Variance to the 20% maximum building lot coverage in a residential zoning district. The applicant was proposing to construct a 2,938 square foot home on the subject lot that would meet all setback requirements but would exceed the lot coverage allowance by 3.8%. • At a regularly schedule City Council meeting on November 8, 2001, the Eagan City Council took action to deny the original Variance request. • On November 20, 2001, the Eagan City Council adopted the Findings of Facts, Conclusions, and Resolution for Denial concerning the original Variance request stating that the applicant failed to provide evidence of any special condition for the necessity for a Variance to be granted and that the applicant offered no evidence or testimony of his hardship to support his request. There were also concerns raised from a resident that this would set a precedent in the neighborhood. • On January 15, 2002, the applicant fonmally requested to appeal the November 8`~ Variance denial decision. At that time, the applicant submitted new plans for the proposed home showing a .9% reduction in lot coverage to 22.9%. • At the regularly scheduled Council meeting on February 5, 2002, the Eagan City Council denied the applicant's appeal based on past findings. /ar • The applicant has since worked with his builder to further reduce the proposed home footprint by .9% to a 22% lot coverage and has asked the City Council to reconsider his Variance request. ~ On April 16, 2002, the Eagan City Council approved a motion to reconsider the applicant's revised Variance request. Aaalicant's Statement of Hardshia The applicant's initial hardship included the necessity to increase ~ the main floor footprint by including a master bedroom on the first level. The applicant has emphasized the importance of this need due to a medical condition that has affected his knee ligaments. A master bedroom on the first level, according to the applicant, will help relieve further aggravation of this medical condition by saving trips up and down a flight of stairs. The applicant has since altered the floor plan slightly and reduced building lot coverage to 22%. The applicant has stated that this request is similar to other Variance applications recently approved by the Eagan City Council for lot coverage on new home construction and believes this does not break any new thresholds regarding lot coverage. Summary Gerald R. Bull has requested reconsideration of a Variance to exceed the 20% lot coverage requirement for residential zoning districts for Lot 3, Block 1, Majestic Oaks 2"d Addition. The request for reconsideration was approved by the Eagan City Council on April 16, 2002 and is scheduled to be heard at the regularly scheduled City Council meeting on May 7, 2002. /a9 Apri124, 2002 Erik Slettendahl %City of Eagan Re: Variance appeal, Lot 3, Block 1, Majestic Oaks Second Addition Gerald R. Bull 4557 Majestic Oaks Place, Eagan, MN 55123 With this letter I am presenting a portion of the supporting data fora 2% variance on my residential lot. I have lived in Eagan and been a homeowner for over 20 years. I have enjoyed living in Eagan and watched the many changes and growth over the years and wish to remain a resident of Eagan. With the price of land, this lot, although near the minimum size, has stretched my budget to the max but will provide an excellent design and location. It is my desire to build a new home which is close in proximity to my school age children and also address a medical condition by using a plan which has the master bedroom on the first floor. • This variance has been reduced by 50%, from an initial 4% request in November to a current 2%. I have worked diligently with my builder and draftsman to reduce overall footprint and yet maintain the first floor master bedroom • Immediate neighbors to the North and to the South have no objections to this variance, neighbor to the south has verified with signature and neighbor to the north with verbal approval Neighbor who is across the street and one lot to the north (Mr. Robert Yancy) has expressed objection that a lot coverage variance for my lot could be used as a precedent for a side setback variance for lot # 17 which is 93 feet wide at front setback and located adjacent and to the south of his home. The two issues are clearly unrelated. An approval for my 2% lot coverage would offer no support to a set back variance. Additionally, because the lot is 93 feet wide, there is more than ample lateral width to this lot that a home could be 78 feet wide, this would result in a rather wide, shallow home design, somewhat "bowling alley" from end to end. • A 2% variance breaks no new thresholds regarding lot coverage. Applicant is prepared to present 4 other variance recent approvals which are equal to or greater than the 2% requested. • A medical hardship exists in the form of an orthopedic condition known as Osgoods-Schlatters disease. This is a painful separation of the patellar ligament /30 between the kneecap and the anterior attachment of the tibia bone. It is my desire to build and live in a home design, which will minimize trips up and down a flight of stairs and thus reduce aggravating this orthopedic condition. Applicant is prepared to present drawings and X-rays which define Osgoods-Schlatters disease as well as offer physical examination of his knees to validate condition. • The 2% additional coverage is to the rear of the home, all other codes are in full compliance including side and front set back requirements. The 2% represents a plan that is approximately 3.9 ft deeper to the rear of the home. • My home plan, design, exterior are all very consistent with existing homes in the development. /3/ ~ * ** * Pl'.9NEER : w~ ~ RvErolvs • aHL ENan~as . -~g~neering LAI -! .~NERS• LMIOSCAPE MCMITEC TS ~V- ,~ # ~ ~ Certificate of Survev for: 625 Highway 10 N.E. Blaine, MN 55434 (612) 783-1880 FAX: 783-1883 LOT AREA = 12,324 S. F. 455 IAJESTIC OAKS PLACE HOUSE AREA = 2908 S. F. COVERAGE = 23.8 SERVICE INV. cLEV.=931.7 PER OTHERS 9 46. 0 0 Sri 00 ,~ (V ih O O O (J') 9 46.6 ~ BENCH MARK r TOP OF PIPE ELEV.= 941.31 I I I I I I r 937 4 EHOUSEG iT T 07 N89'56~37"E 941.4 ' 144 99 IC`~1 940.1 939.8 56.33 7.0 941.7 ~' 30.00 941 i 'n N ! ~ c I o 10 r--- - - ~ I--Q-- I 943.2 X 94~. i R'~ o // `~ ~' I \ ~ 4.00 4I ~ o _ _ _ _ ~ ---944.2 io ~ 10 6.83 ,,~ --~~ I "' I ~~ I ,5.00 ~ ~ I I }~ I ~ ~ ~/o~~ 1.000 ~Q ~a- I 1 3 ~ a~ ~ o .00 ~_ ~ _ __~ ~a RET. WALL 1 ~ I PER OTHERS Z I i i ¢. a' ¢~ ~ 944.4X 944.9 17.00 ~ /~ ~ Q I '~ ow I t 10 L. - ~`14b~-- - - e}-----`46.1 ~ .~. a I ~ v ' I I ' I I ~ 947.6 I -- 30.0) -~ 13.50 / o I ~Q I ~ 3 ~ n-> I 0 o I a I 1949 1 I . 10 5.0 ..,, u~ ~C~~~,cl N89 56'37"E 4yS946.5 56.144.99 ~ 30.0o I 51.9 ~~ EXISTING ~ I HOUSE 1 1 ~o~.~~j1 ~eo~~pp Lv 2~ 9~ `~ ~,~~ r~~ v~-oy S L cc X55 f:. l ~ SL,Rv~y 1 `'~ ~ ~ 02 L BENCH MARK TOP OF PIPE ELEV.= 949.98 NOTE: PROPOSED GRACES SHOWN PER GRADING PLAP $Y NOTE: BUILDING DINE"'?IONS SHOWN ARE FOR HORIZONTAL ANO VEFIICAL LOCATION OF STRUCTL~...S ONLY. SEE ARCHITE~TUAL PLANS FOR BUILCiNG AND FOUNDA110N CIMENSIONS. NOTE: NO SPECIFC SOILS INVESTIGATION H, S BEEN COMPLETED ON THIS LO7 8Y 7HE SURVEYOR. TbE SUITABILITY OF SOIL'S 70 SUPPORT THE SPECIFIC HOUSE ~~ PROPOSED IS NOT ME RESPCNSIBII Y Of THE SURVEYOR. NOTE: r~:9 CERTIFICATE DOES NOT PURPORT TO SHOW _ASEMENTS OTHER THAN ir:USE SHOWN CNV ME RECORDED PUT. 2422 Enterprise Drive Mendota Heights, MN 55120 (651) 681-1914 fAX: 681-9488 'S 940.9 L,IJ ,U ~ I Q o a >~ Q. W Wa 00 I r ~ V' I Y Q 3 I O ''~ U N I 45. 4 ~ W ~ I ~ Z 1 ~ ~ 947.1 {I 5 I PROPOSED HODS FIFVATION LOWEST FLOOR ELEVATION: °ly- ~'~ TOP OF BLOCK ELEVATION: So • I GARAGE SLAB ELEVATION: g4q.0 TOB ®LOOKOUT ELEVATION: X 000.00 DENOTES EXISTING ELEVATION ~ nnn nn 1 nFN[ITFS PROPnSFD ELEVATION I . j- j. i0 ~asGR ~ e J~~.: i atwr •a~ssES ro~Oi, i °-TTa~SG' - u '~ ~ I Q it ~ _ I ~ 4 jl ~ ~ ~ - l ~ ~~$ ~g ~: as ~ - P I I_._. ' N ba7- ~ tAa7-7 I - - _~- _ __.._ _ _-- - ~_ 7-2x10 NDIi I I i \ N i-' O 1 --.. _._____.. ____.-________________ __. 1 I K _ -_ a;~ 9 v - ~ ~' ~- SLOPE FLOCK •s , 3 i r~i o ~ ~ To oa C7 ~ ~ ~ ~ ~ ~ `~. i ~ ~ I n o '~~>oF' I I CA ~ pp ~ zz ~Qi o ~ o te- D.c. _ ~ ~ ' <~ ~~ I „ T~9°ra IasTS I ~,~ ~ l~ic i ~ ~P_ • i8" O.C. [1] u m i w I t ~ fr ~~ ______________ _~__~_-___ ~___~- -_._.__._.. _ ~'z - - - : L ~.~ ~ ---- =m wQ`~ L O o ~ -_ ~~ ~~ ri l I I S y =~ ati ~ o _- n ~ ~ ' i ~ - ---------~ a_~------- - - ~ ~ I~~ -- - - ~ ~ ~~; ~ B' I _ __ _-'c- ••.. g. S-,.._ SNELKS I OCAS ENT CT ~ .__ ___ -_---__.. ~~ OPT OPT b 16- i TRANS J .,,T6 f -- MOVE OPENUrG' _ 1,l-. O -- ?` ~ I C~ I I uNEN sn ~ I ~ ~ K I _~ ti, `- - _ i I i 9C ~ I ay i -~ I '~ I- II ~ c I ~~~ ~' as i >S cn g r~e- ueN er•¢-z•- cv~~r - -- ---- :-7ao,r,oR ~ `~ ~ a - a~-7 - 11760- t _- ._._ -._.-..-. ___.-_--__-_~.--_~_--~-. __ _-._-.~_E____.. _- - _ _ ------- /3---- ------ - --- ----- -- - -- - ' _ - ~ ~a~ac: url I, ma, ir„ pl:r, rcra .PE• _u.T,cv BULL RESIDENCE f_~' "~ ' -- - .j.a..~l~_.i~c~ cr . nr~ nes ,rap.raa ~, ma ~r .~,: ,,..,..:~ ..:.n,.,~. :n. ra' ar~, a,., ~ WENS MANN 27725oFT a+.rL •PE. saI. IESTh: 01KS SECvNG •UAIK,N ^ G~ __ , _. ~- _ •.KA E_ G•tnl Jfda. 5T •NG•~.: wHTNE, .+/ GEN I - .:.Hero •ri.d+c, ~~',ea~ iN 1979 SGfT -_ _._. • :1 ~ . s :~a :~ t„~a..:u q ®J9 D ~ c.a.ce .r~• _., E i/4" _ _I_G'-- r., c 04 G6 GI ~~' --~ -- -- 893 sG PT DP,' w e~ JLS •r"L ~' ~- -' 1895 PL eZA Dl9vf - SUTE 700 tMOPE 18511 .OB-1100 ".,~,.,,.- ----- ----- - _-~ - r, E•~.•N MN 56177-7617 FA:[ 16 511 905-7818 ~ M ~ ,,,,..,.,.,,w TiT. F ~ FIRST FLOOR PL. N _ Eagan City Council Meeting Minutes November 8, ?001 Page 4 PUBLIC HEARINGS VARIANCE -GERALD R. BULL (4557 IvIAJESTIC OAKS PLACE) City Administrator Hedges introduced this item regarding a request fora 3.8% Variance to the ma~cimum 20% lot coverage requirement for residential property located at 4557 Majestic Oaks Place. Senior Planner Ridley gave a staff report. He stated that a letter of objection from a neighboring property owner had been received. Mayor Awada opened the public heating. Gerald Bull, applicant, discussed the requested variance. Robert Yancy, 4544 Majestic Oaks, expressed his concern regarding the side of the property that the proposed variance would impact. He stated he would not object to the variance if the back side of the property is impacted rather that the sides adjacent to his property. He also stated that he would object to the variance if a precedent would be set. Mayor Awada indicated that the variance would essentially be to the back of the property, but that a precedent would be set should the variance be approved. Mayor Awada stated she is opposed to the variance. Councilmember Carlson stated she felt that hardship had not been indicated. Councilmembers Tilley and Fields agreed. There being no further public comment Mayor Awada closed the public hearing and turned discussion back to the Council. Mayor Awada moved, Councilmember Carlson seconded a motion to direct staff to prepare Findings of Fact to deny a 3.8% Variance to the maximum 20% lot coverage requirement for residential property located at 4d57 Majestic Oaks Place (Lot 3, Block I, Majestic Oaks 2"`~ Addition). Aye: 4 Nay: 0 /3~ Eagan City Council Meeting Minutes February 5, 2002 Page 1 PUBLIC HEARINGS VARIANCE APPEAL -GERALD R. BULL City Administrator Hedges introduced this item regarding an appeal of a November 8, 2001 City Council action by Gerald Bull, 4557 Majestic Oaks Place. The action was to deny a 3.8% lot coverage variance on residential property located at 4557 Majestic Oaks Place. Senior Planner Ridley gave a staffreport. Councilmembers Bakken and Carlson stated they had not changed their opinion regarding the variance. Councilmember Tilley questioned two other variances that Council approved previously. She stated she did not object to the variance. Councilmember Fields stated she had not changed her original opinion to deny the variance request. Councilmember Tilley moved to hear the appeal of Gerald Bull for a variance on residential property located at 4557 Majestic Oaks Place that was denied November 8, 2001. There was no second to the motion. Councilmember Bakken moved, Councilmember Carlson seconded a motion to deny the request for appeal by Gerald Bull based on past findings. Aye: 4 Nay: 1 Councilmember Tilley opposed. /3S Eagan City Council Meeting Minutes April, 16, 2002 Page 4 OLD BUSINESS VARIANCE RECONSIDERATION -GERALD BULL City Administrator Hedges discussed a request by Gerald Bull for reconsideration of a variance previously denied by the City Council. He explained that the requested variance size has been reduced. Councilmembers indicated that re-notification of neighboring property owners would be made and consideration would be given to their support or opposition of the revised variance request. Councilmember Tilley moved, Councilmember Carlson seconded a motion to reconsider a variance request for Gerald Bull at the May 7, 2002 City Council meeting. Aye: 4 Nay: 0 /36 PLANNING REPORT CITY OF EAGAN REPORT DATE: October 16, 2001 APPLICANT: Gerald R. Bull PROPERTY OWNER: Bradley Swenson REQUEST: Variance LOCATION: 4557 Majestic Oaks Place CASE: 25-VA-26-10-01 HEARING DATE: November 8, 2001 APPLICATION DATE: October 15, 2001 PREPARED BY: Erik Slettedahl COMPREHENSIVE PLAN: LD, Low Density Residential (0-4 units/acre) ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a 3.8% Variance to the maximum 20% lot coverage requirement for a single family residential property located at 4557 Majestic Oaks Place (Lot 3, Block 1, Majestic Oaks 2"d Addition). AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards only if: I . The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. /37 Planning Report -Gerald Bull Variance November 8, 2001 Page 2 CODE REQUIREMENTS The subject property is zoned R-1, Single Family Residential. Section 11.20 Subd. 6.F of the City Code states "all buildings including accessory buildings together (within residential zoning districts) shall not cover more than 20% of the site area." BACKGROUND/HISTORY The Majestic Oaks 2"d Addition was approved in October 1999 and consists of 17single-family lots. Seven of the platted lots have azeas below 12, 400 square feet. The Eagan City Council has approved three Variance applications within the last two years for lot coverages exceeding 20% for new single family home construction. To date no Variance request have been made or approved for any lot within the Majestic Oaks 2"d Addition. EXISTING CONDITIONS The subject lot is 12,324 square feet in azea and is currently undeveloped. It is surrounded on both the north and south sides by similarly sized R-1 lots that have existing homes. A wooded area is located at the rear of the lot screening it from the neighborhood to the west. EVALUATION OF REQUEST '~ y -~-.« .. ~. ~. ~ ~ r r i c r .. e .~ „r ~. ~ ~ - v?,,~, "~ Subject lot looking northwest The applicant is proposing to construct a 2,938 square foot house on a 12,324 square foot lot. The resulting lot coverage would be 23.8%. The proposed house would meet all setback requirements and the proposed house plans for the site are similar to other existing homes in the area. APPLICANT'S ESTIMATE OF HARDSHIP According to the applicant, he has lived in Eagan for the past nineteen yeazs and has spent the last year and a half searching for a vacant lot and working with a builder in order to construct a /.~~ Planning Report -Gerald Bull Variance November 8, 2001 Page 3 new home by the end of 2001. The applicant has stated that he has chosen a modest house plan that is fitting to the exiting homes in the azea and is unique in that it allows access to the master bedroom on the first level to avoid the need to climb stairs. The applicant believes that it is this desired modification that has caused the home to exceed the lot coverage limit. The home design also includes a slightly larger gazage that the applicant believes will allow for a more desirable storage option of personal items. The applicant is awaze of other Variance applications approved by the City of Eagan for new construction on smaller lots and believes that his request is similar in size and need. SUMMARY/CONCLUSION The applicant is requesting a 3.8% variance from the 20% maximum lot coverage requirement for residential zoning districts for the purpose of constructing a new home on a 12,325 square foot lot. ACTION TO BE CONSIDERED To approve a 3.8% Variance from the 20% lot coverage allowed for Lot 3, Block 1, Majestic Oaks 2"`~ Addition. 1. If within one yeaz 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 applicant shall obtain a building permit prior to beginning construction. /39 e ~ EsOan soundary Location Map ~P~~~:""M ~ sw~ano F~nt+M Development/Developer: Gerald Bull Application: Variance Case No.: 25-VA-26-10- ~ ~O Map Vrpand wing ER31 J1reVNw 7.1. ian:al Gse maV d.ta provid.d N !y Dakota County Land Sun.y D.par4n.nt and i~ eirnnt as of JuM 2001. City of Eagan THIS MAI IS INTENDED POR REFERENCE USE ONLY w E M I NNE $ C i A Tfie Clty o1 Eayan and Dakota County de net ouanntee tM seeuraey of thb Intorenatlon and are S C"^"""~Y o-"r°~w.~t o'e`^^~'n net neponslbl~ Iw orron or omlealone. 1000 0 1000 2000 Feet l' , iij'Liljjj ~ ,, ~;liji;l;it. I;li~l. , ' ;'I;,I;Illii;lli,j l~ hill! j~'I ij ii! Il..l~:lnrl~~l~l li i~~l!L iial';III!il~~IjII11~Il~lj!jijl'I~IjIri~'ijlllj~l) Li I I ~~!1~II n j I;II~` :A I ~j; ;illill,i.i: .ors ~'•'jjil~"~ ~ U I •~ I> '~il~lll ~,i'~ ,A I;I;.Li~I illli m ~llli: '!lil'fd~ y JJ11,, Illj'~~~ ~ ~I~' I ~ in~ D LI I ~i ~I ~ ~: i li. g 11 ~ I I ~~ ~ ~~ L Il~Jljlj'I tli~lh I,I i ,!.~ ~. a I'll ~ I• I j!,il ` I~ , I ~illill ' Iii%j~' ~ I "II i ~` I ~; ,I I „ ii'' i'•I r. ~I'~ Ili'' Y 11 ~- p. ,,i. II I I I i' I I, ,Illif l!I I ' ~ IIII • R i ,~ ja ~~h IIII' , .i~t,- i~ -~ i . / ~. -~1 .~ r~ _ _ _ n~ ~__~... .. ... _ _ ._~ y __.._._._ __.__.._ VN 1 -__.__..__.. _ _...__ tiO1 1 ~. _. _._ .. _.___ ~.a v.a 1 i j !~ - -~ wawa ~r x,g uan ~r nn.e. Fl. Fi.~[OJIC~N~ ,~ 1 1 Agenda Information Memo May 7, 2002 Eagan City Council Meeting B. CONTRACT 01-05, CEDAR GROVE ACCESS MODIFICATIONS ACTION TO BE CONSIDERED: Approve/Modify the Plans and Specifications for Contract O1-OS (Cedar Grove Access Modifications) and authorize the advertisement for a bid opening to be held at 10:30 a.m. May 30, 2002 or continue indefinitely with further direction to staff. FACTS: • Contract O1-OS provides for the reconstruction and realignment of the Silver BellBeau D' Rue/Cedarvale Blvd intersections along with that portion of Silver Bell Rd. north of Hwy. 13 to accommodate the proposed redevelopment of the greater Cedarvale area. This project was approved at public hearings held on February 6, 2001 and again on April 2, 2002 (due to the elapsed time for complex property acquisitions between the original public hearing and the required contract award). • At the original February 6 public hearing, the Council authorized the preparation of detailed construction plans and the acquisition of easements and rights of way. This original project incorporated the construction of double left turn lanes on Hwy. 13 at the Silver Bell Rd. intersection. Detailed traffic studies and volume projections had determined that these left turn lanes would be necessary to accommodate the first phases of the proposed redevelopment. Applications were subsequently submitted in the fall of 'Ol for possible MnDOT funding participation for this portion of the Trunk Highway system. • At the April 2 public hearing, it was noted that the City was not successful in receiving MnDOT funding for the needed double left turn lanes on Hwy 13 at the Silver Bell intersections. Subsequently, the Council reduced the scope of the approved project by deleting these Hwy 13 turn lanes. ISSUES: • Since the plans had been substantially completed incorporating these turn lanes undex the original authorization, it was recommended by the MnDOT State Aid Office that those plans be submitted as is (with the original left turn lanes) for state review/approval while other avenues for potential funding were explored. If necessary, these plans could then be revised to the reduced scope and resubmitted to MnDOT for re-review more efficiently than to try and add to the scope after an initial MnDOT approval of a reduced plan. However, there is still no assurance that MnDOT will approve the plans or issue the permits for the reduced scope due to the impact that the remainder of the project and redevelopment will have on their highway system. iy~ • The original MnDOT funding program would have provided a maximum of $500,000 towards the estimated cost of $927,000 for the left turn lanes. If the plans are to be revised to accommodate the Council's reduced scope and reconsidered next year (after another application process -outcome uncertain), the estimated costs could increase significantly due to inflation, smaller contract size, some redundancies to construction and additional redesign fees. • Unfortunately, the City has not been able to receive any commitments from MnDOT regarding any other source of funding prior to next year's (July 1, `03) funding program opportunities. The necessary redesign and re-submittal process will require the advertisement to be delayed approximately another 30 days resulting in a June bid with a July construction start, and this is assuming that MnDOT would approve the revised/reduced scope without the left turn lanes. Continued delays will put us into a less competitive bidding time frame with potentially higher prices unless we delayed the contract into next winter's bidding and '03 spring start up. /y~ Agenda Information Memo May 7, 2002 C. CONTRACT 01-13, JULY 2000 STORM MITIGATION IMPROVEMENTS ACTION TO BE CONSIDERED: Approve/Modify/Deny Easement Acquisition Agreement with Parkview Golf Course Associates and, if appropriate, approve Change Order No. 2 to Contract 01-13 (July 2000 Storm Mitigation Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract O 1-13 provides storm water drainage system mitigation improvements in several areas throughout the community affected by the July 2000 Super Storm. • On March 4, 2002, the City Council approved the installation of storm mitigation improvements for the Fairway Hills area, as outlined and discussed as Option D -Modified (Revised) in the preliminary design reports prepared by the City's engineering consultant. • With the majority of the proposed improvement located within the Parkview Golf Course property, permanent utility and temporary construction easements have to be acquired prior to authorizing the contractual work. The Golf Course ownership has requested that the City enter into an agreement stipulating to several conditions as apre-requisite for the conveyance of the easements. This agreement is being presented to the Council for their consideration of approval in conjunction with the related Contract Change order. (It is anticipated that a signed agreement will be delivered by the May 7 Council meeting.) • This change order allows this work to be added to existing contract 01-13 at the pre- established or comparable unit bid prices allowing the work to begin immediately. • The change order provides for an additional cost of $87,310 (7.4% of original contract). The associated cost will be the responsibility the City's Storm Water Fund. • This change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. ISSUES: • The Easement Acquisition Agreement contains 11 conditions. These have all been reviewed by the Public Works Department and City Attorney's Office and found to be in order for formal consideration by the Council. Staff has negotiated an agreement to all items that are within their authority and are not contradictory to existing City Council policies. However, there are 2 conditions that need to be addressed by the Council to determine if they are acceptable for final approval of the agreement. These are: #2 B. The city must install a draintile system around the 16th and nursery greens. Est. $2,500 - $3,000. (Disagreement as to necessity and perceived private property benefit) #2 H. The City must reimburse Parkview Assoc. for their actual legal and engineering costs up to a maximum of $2,500. (Considered potential compensation for easement) ATTACHMENTS: • Easement agreement, PagesJ~~and /YY - DRAFT - EASEMENT ACQUISITION AGREEMENT This Easement Acquisition Agreement ("Agreement") is made and entered into this day of May, 2002 by and between the City of Eagan, a Minnesota municipal corporation (hereinafter the "City"), and Parkview Golf Associates, LLC, a Minnesota limited liability company (hereinafter the "Landowner"), (collectively the "Parties"). WHEREAS, in connection with Eagan Public Improvement Project 847 (hereinafter the "Project") the City is undertaking certain storm mitigation improvements across a portion of Landowner's property; and WHEREAS, in connection with the Project, it is necessary for the City to acquire perpetual easements for drainage and utility purposes as well as easements for construction purposes; and WHEREAS, Landowner is willing to grant the City the necessary easements, all upon the terms and conditions contained herein. NOW, WHEREFORE, in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. CONVEYANCE OF EASEMENT. Contemporaneously with the execution of this Agreement, the Landowner shall convey to the City the Drainage and Utility and Temporary Construction Easement in the form and text of Exhibit "A" attached hereto. 2. CITY OBLIGATIONS. In connection with the Project, the City agrees to undertake the following: A. TREE REPLACEMENT. The Parties acknowledge that it will be necessary to remove certain trees from Landowner's property in order to construct the improvements under the Project. For each tree that is removed by the City, the City agrees to provide a replacement 2 '/2 inch caliper tree with atwo-year guaranty. The replacement trees will be placed in a location reasonably agreed between the Parties. B. DRAIN TILE INSTALLATION. The City shall provide drain the installation adjacent to the 16`h green. The Parties acknowledge that the actual design of the proposed drain the is unknown at this time and agree to use their best efforts to arrive at a mutually acceptable drain the installation plan. ,~s C. INSTALLATION OF POSITIVE FLOW TO NEW INLETS. The City agrees to use its best efforts to ensure that all drainage patterns will be directed to the newly installed catch basin inlets. D. FENCE REPLACEMENT. The Parties acknowledge that an existing chain link fence on the property line will need to be removed to accomplish the improvements to the Project. During the construction of the Project, the City shall install temporary orange fencing and shall also replace the chain link fence upon completion of the improvements under the Project. E. SOD INSTALLATION AND MAINTENANCE. The City shall provide appropriate replacement sod for the areas affected by the improvements under the Project. The City agrees to make available its fire hydrant that is adjacent to Landowner's property for 30 days following installation of the sod to allow for irrigation of the newly sodded area. The Landowner acknowledges that it is responsible to provide the necessary labor to undertake the irrigation. Landowner is provided with a 30-growing day guaranty for the sod. For purposes of "growing days," it shall be a 30-day period from the installation, however, excluding any days between June 15, 2002 through August 2, 2002. F. INSURANCE. The City's contractor shall name Landowner as an additional insured on its insurance policy, which policy shall provide the following minimum limits: Minimum Limits -General Liability: Bodily Injury $1,000,000 each occurrence $1,000,000 complete operations Property Damage $ 500,000 each occurrence $1,000,000 aggregate Minimum Limits -Automobile Liability: Bodily Injury $ 500,000 each person $1,000,000 each occurrence Property Damage $ 500,000 each occurrence $1,000,000 aggregate G. LIQUIDATE DAMAGES. The City agrees to use its best efforts to undertake the necessary improvements within five days from commencement of the construction activity on Landowner's property. In the event the improvements are not substantially complete within the above time frame, the City agrees to pay the sum of $500.00 per working day (excluding Saturdays, Sundays and Holidays) for each day that the project remains 2 /~fb substantially incomplete. Notwithstanding anything contained herein to the contrary, the maximum exposure to the City for any liquidated damages shall be $25,000.00. H. ENGINEERING/LEGAL REIMBURSEMENT. The City agrees to reimburse Landowner for actual engineering and legal expenses incurred by the Landowner in connection with the Project. The Landowner shall submit to the City invoices detailing the time spent, hourly rate and fees expended. The City will provide reimbursement for said fees within 30 after delivery of the detailed invoices. Provided, the maximum amount of reimbursement by the City shall be $2,500.00. I. SOIL SAMPLES. The City is providing certain material to Landowner's property to undertake the necessary improvements under the Project. The City shall provide Landowner with a report from an engineering firm indicating an absence of any hazardous materials in the soil that will be provided to Landowner's property. 7. COMPLETION NOTIFICATION/FINAL INSPECTION. The City shall provide written notification to Landowner upon completion of the Project. If Landowner believes the work is unsatisfactory, it shall provide written notification to the City of any deficient work. The Parties agree to use their best efforts to complete any deficiencies. 3. GRANT OF ADDITIONAL TEMPORARY CONSTRUCTION/RIGHTS OF ENTRY BY LANDOWNER. The Parties acknowledge that it is difficult to ascertain with any certainty the exact areas where temporary construction work will be undertaken by City upon Landowner's property. Notwithstanding the identification of the temporary construction easement areas described in the easement on Exhibit "A" attached hereto, Landowner hereby grants unto the City a right of entry to enter upon its property to undertake the improvements contemplated by this Agreement. The City agrees to use reasonable efforts and work with Landowner to avoid any adverse impact to Landowner's business operation during the pendency of the improvements. 4. NOTICES. Any notices under this Agreement shall be delivered personally or mailed to the respective parties by registered or certified mail, return receipt requested, at the following respective addresses. To LANDOWNER: Parkview Golf Associates, LLC Attn: Todd A. Geller Parkview Golf Associates, LLC 421 North Wabasha Street, Suite 200 St. Paul, MN 55102 3 /'f9 To TxE CITY: City of Eagan Attn: Tom Colbert, Director of Public Works 3830 Pilot Knob Road Eagan, MN 55122 WITH A copy To: Robert B. Bauer, City Attorney Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 14Th Street, Suite 600 Apple Valley, MN 55124 PARKVIEW GOLF ASSOCIATES, LLC, a Minnesota limited liability company By: Its: CITY OF EAGAN, a Minnesota municipal corporation By: Patricia E. Awada Its: Mayor Bv: Maria Karels Its: Deputy Clerk STATE OF MINNESOTA) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2002, by the of PARKVIEW GOLF ASSOCIATES, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public 4 /ys Agenda Information Memo May 7, 2002, Eagan City Council D. OUTLOT A, PINETREE FOREST -ROYAL OAKS REALTY ACTION TO BE CONSIDERED: To release the option on Outlot A, Pinetree Forest or purchase Outlot A per option agreement with Royal Oaks Realty. FACTS: • The City approved the Pinetree Forest development in 1997. At that time, there was much discussion regarding a possible new street connection of 120`h Street to Hwy. 3. In order to preserve options for these future street extensions and connections, the City Council required one of the lots in the Pinetree Forest subdivision to be platted as an outlot and that the City retain afive-year option with the developer, Royal Oaks Realty, to acquire the outlot. • The option expires September 1, 2002 and Royal Oaks Realty is requesting that the option on Outlot A be released. • Most potential future alignments of 120`" Street border the City of Rosemount to the south. • During the past five years, the City has updated its Comprehensive Guide Plan, which includes a transportation element. With the update, the Plan did not identify 120`h Street as collector roadway component. This was due in large part to the fact that the recently updated City of Rosemount Comprehensive Guide Plan does not identify a planned change in land uses adjacent to 120`'' Street from the current rural residential to an urban density that could make the construction of 120`h Street economically viable, in terms ofright-of--way dedication or possible assessments. • Royal Oaks Realty has a final plat application pending with the City to replat Outlot A into a ]ot for construction of asingle-family home. If the option on Outlot A is released by the City Council, that plat will proceed to the Council for approval at a future meeting. ISSUES: The option agreement on Outlot A between the City and Royal Oaks Realty expires in September, 2002. Given that the construction of 120"' Street will be economically challenging, the City Council should determine whether to release the option or purchase Outlot A per the option agreement. ATTACHMENTS (2): Location Map and Outlot A, pages ~S~through Letter from Royal Oaks Realty, page~~, /f'9 Location M a i Eagan boundary ~ ~ Street Centerline Pareel Area ~ building Footprint ~ / ~-.~ ~L._J ~ ~ ~LL~ ~°y ~ a ~Y~~' ~` J I I Cam/ ~LJ_S_L~J '~ ~¢ .n . ~' ~'> aw 1 t ~ ,P, it d ii fi: '~ ~' P ~ ~7 ~ ~ ~.~ ~ `r ~ ~ ~ ~. ~ ar t w y ~ ~ ~ ,~ ~ z ~ ~ , ~ +~. § lu • ' Y w. s 3 ~ ~ J a z ~ t r N ti f '" s ~+ , _ ~ ,~ i. " s :. ~ :~.. a O F £ i w - or ~ << ~ . • ;~ ~ ~ i .. 3~~ t ~~. o~ i _ ~' >~ a _ ~ ~ a a ~. ~ ~ ~. a ~_ . 4.. ;~ Sub'ec t Site ~' °` -° a 1000 0 1000 2000 F eet Development/Developer: Pinetree Forest /s~ City of Eagan r,t , ~, ; ,~ r Gommunlty Development Department Map Prepared ualnp ERSI ArcViaw 3.1. Parcel base map tlau provided by DakoU County Land Sunray Department and Ia currant as of Marcb 2002. THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County da not guarantee the accuracy of this Information and are not responsible for errors or omissions. N ,~ E S EXHIBIT "A" OU~.R M NRlrr tl1DaA M ray r.0 IK H71111 lK d 11r fCVrfMf WtA s m°~ wv w i x . i w r~uiY ~ a awR s anor ~ wo r ~f°` ~ a a,wt orn ay Ra Oar ,sD ~ re+o~r t/t . 1r aar rrc to Yo s s r.n®n t... r rs • moo ra...n,leue ~~ ~ 1QT M Nrt11 Ii Oaf t7X ~ tD0 r0 rouwrnw, O~ ~7 .r,1' Rar/t tRa a11Or1t FOR YON /RT M 1OIM ~/r0 taC~11O lOtJ10 ~ 141 rO4~O,r qwr ru ~ ~ rr„w r.r r.. s ra YO /OOl~O 11147 t/0 YO fYt tar NO iosO s 1,N 14L W reIY1O1 >L tgta /rOQ !01 a 1tO Mc s rwm R ur ~ na 1 s 1 1 3 ~~'~ ~ ~ i } ! ~ I - 1 ~ . ..... 1 t r1 . 101 R 1 I I ELfiHE:NTkRI' SCriuOL Ho. !°_ 1 ~ I '' ~ / ,/ +=~.as ~ -Fxs- 1 _ 1 x+sava•ra-a ~ .~ ea.n . „ - -~ +..- i : ,M s/s s 1 , rr~ino~,/r v. ~ ~• 1 nmltxowc^~+.s11rv1p v~sa~m. r------T--y -1 . •,. ' ~ . M Fvt ( t. I ,`• ~ . ~. ~ v I ~~ •, i~ r 1 I 1 L diY ~ R06fllOlMT o~.lizn i :. VICNIY IaAP m ~~sa ri *Mtwv. /S"~ ROYFlLOAKS REALN.INC. May 1, 2002 Pamela Dudziak City Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Ms. Dudziak: Royal Oaks Realty is requesting Mayor Awada and the Eagan City Council to release their option to acquire Outlot A in Pinetree Forest. In 1997 as a condition of plat approval, the City obtained a five year option to acquire Outlot A for the possible re- alignment of 120 street.- ~It is our desire to submit a new final plat of the Outlot creating a new parcel for the construction of a single family home. Yours truly, l ~...• r ~ V Michael J. Black /~ 1000 County Road E West, Suite 150 • Shoreview, Minnesota 55126 • (651) 483-5518 • Fax (651) 483-5642 www.royaloaksrealty.com p ~C~~C~C~~~-~~, MAY 0 2 2002 ey Agenda Informational Memo May 7, 2002, City Council Meeting E. REQUEST FOR RECONSIDERATION OF COMPREHENSIVE GUIDE PLAN AMENDMENT (MARK GERGEN) ACTION TO BE CONSIDERED To approve the Reconsideration of a Comprehensive Guide Plan Amendment to change the land use designation on Lot 3, Block 1, Blackhawk Plaza, located at 4150 Blackhawk Road in the SW 1/4 of Sec. 19. FACTS: • On April 16, 2002, the City Council denied the applicant's request to change the land use designation from RC (Retail Commercial) to MD (Medium Density Residential- 4 to 12 units per acre), based upon the following: the RC designation is a more appropriate use of the property due to its location adjacent to Interstate Highway 35E and the proposed site plan did not provide adequate information for the City Council to determine compatibility with the land use of adjacent parcels. • The applicant is seeking a Reconsideration to allow the Comprehensive Guide Plan Amendment to be processed concurrently with the Rezoning and Preliminary Subdivision requests. • If approved, the applicant would submit applications for both the Rezoning and Preliminary Subdivision and the APC would hold a public hearing on both requests at future meeting, subsequently all three applications would proceed to the City Council. • The applicant is proposing to change the land use designation for the purpose of developing the site and the adjacent 5.1 acre parcel to the west (designated MD) with townhomes. • On March 26, 2002, the Advisory Planning Commission held a public hearing and unanimously recommended approval of the land use change. ISSUES: • At the public hearing, residents expressed concern regarding drainage and traffic resulting from the development of the property. ATTACHMENTS (2): Draft April 16, 2002, City Council Meeting Minutes, page _ Letter from the applicant, Mark Gergen, dated May 1, 2002, ge~,'~'~ Letter from property owners, dated Apri129, 2002, page~~~sg /5 3 Eagan City Council Meeting Minutes April 16, 2002 Page 6 DRAFT 6. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the drip line or at the perimeter of the critical root zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 7. The applicant shall contact the City Forestry Division and set up apre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved tree preservation plan and placement of the tree protection fencing. COMPREHENSIVE GUIDE PLAN AMENDMENT (MARK GERGEN) City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to amend the land use designation of approximately 3.30 acres from RC-Retail Commercial to MD-Medium Density Residential for property located at 4150 Blackhawk Road. Planner Dudziak gave a staff report. Councilmember Tilley moved to direct staff to submit the Comprehensive Guide Plan Amendment for Lot 3, Block 1, Blackhawk Plaza, to the Metropolitan Council for review and comment located at 4150 Blackhawk Road (Interstate 35E and Diffley Road) in the SW '/< of Section 19. There was no second to the motion. Motion failed. Mayor Awada arrived at 7:30. Councilmembers discussed their concerns regarding the proposed higher density in comparison to the neighboring properties, tax base, excessive rezonings from commercial to residential zoning designations and their desire to see a proposed plat prior to approval of a rezoning for the property in question. Mark Gergen, applicant, discussed his plans for a townhome development. Councilmembers provided direction to Mr. Gergen regarding their expectations for the property. Councilmember Bakken moved, Councilmember Carlson seconded a motion to deny a Comprehensive Guide Plan Amendment for Lot 3, Block 1, Blackhawk Plaza located at 4150 Blackhawk Road (Interstate 35E and Diffley Road) in the SW '/. of Section 19. Aye: 4 Nay: 1 Councilmember Tilley opposed. PRECINCT BOUNDARIES AND POLLING LOCATIONS/LEGISLATIVE REDISTRICTING City Administrator Hedges discussed this item regarding new precinct boundaries and polling locations. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a resolution establishing new precinct boundaries and polling locations and reestablishing existing precinct boundaries and polling locations. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA FLY-OVER TO DETERMINE DEER POPULATION City Administrator Hedges discussed the need for and the costs involved to conduct afly-over to determine the deer population in Eagan. lSy May 1, 2002 City of Eagan Office of Mayor Awada and Eagan City Council 3830 Pilot Knob Road Eagan, MN 55122 Dear Mayor Awada and Eagan City Counal Members, The purpose of this letter is to respectfully request that the application by Mark Gergen 8~ Associates for a Comprehensive Guide Plan Amendment to amend the land use designation be reconsidered. Based on feedback from City of Eagan staff members, 1 am also requesting permission to simultaneously apply for Rezoning and Preliminary Plat. I understand that it would be difficult, if not impossible, for the City Gouncil to make a decision on the Comprehensive Guide Plan Amendment request, without also having insight into the "end product'. This would of course include R®zoning and a Preliminary Plat. By simultaneously applying for, and ultimately presenting, al! three I will be able to comprehensively present our vision for the Grayhawk Townhouse Development, and how it will optimize the above-mentioned land for the City of Eagan. During and subsequent to the April 1fi, 2002 City Council meeting, I was provided with additional, constructive feedback from Council Members and staff. Specifically, it was indicated that if the plat included a density of six or less units per acre, that may be acceptable. I truly appreciate this information. The revised preliminary plat will conform to these specifications. 1 will plan to attend the May 7~' City Council meeting to present this request in person. 1 am hopeful that the City Council will reconsider the denial decision that was made at the April 16~' meeting. 1 look forward to seeing you on May 7s'. Sinter ly, Ma Gergen Mark Gergen 8 Associates, Inc. Cc: Cindy Kirchoff /ss' Stonewood PROPERTIES, IIYG. April 29, 200 To: Ms. Patricia F, Awada, Mayor Members of the Eagan City Council Paul $akken Cindy Fields Meg Tilley Peggy Carlson From: Tom Roberts and Mike Tobin, Property Owners Re: 3.29 acres Located NW Quadrant of I-35E and Diflley Road V ia/Fax 65l -681-4612 Dear Mayor and Council Members: At the last City Council meeting, the Eagan City~Cvuncil voted 41 against a housing project proposed by Mark Gergen for the above mentioned pmpetty-that was combined wish the agricultural zoned property to the west. We were surprised by this vote. We apologize for not being at this meeting to discuss the history of this property. We would like now to share our thoughts about this rezoning in the hope of receiving a rehearing of this matter. Luther Stallard originally owned the entire Blackhawk Plaza Property as vacant land. He .sold the property in 1987 to a developer who developed Blackhawk Plaice, a'lom 'Thumb, and four future deveioptneat lots. Mr. Stallard kept one of the future .,development lots, the 3.29 acres, which we purchased from him in 1995. Since 1987, the 'Blackhawk Plaza has had several owners and has gone through>rankruptcy at kart twice. Linvil! Properties purchased $lackhawk Plaza along with three vacant lots is 1995 just shortly before we purchased the 3.29 acres. None of these four vacant lots have been developed during the last 1 S years for several reasons. The primary reason that has -kept commercial users for developing any of these lots is due to the difficuh access from Di$Iey Road. In the fall of 1995, just after we purchased the 3.29 acres, a friend of ours asked if we would consider selling the property at a discount to allow a 3-S story Senior Housing Project be developed on our property and we said we would. At that time the City Council thought this was a viable use for the property and was willing to change the Zoning from RB to the appropriate zoning to allow this project to be buih. Unfortunately sccx~ewc+odP. inuxnet.com Office (951) 884-600.1 8110 Penn Avenue South Fez (952) 884-3687 Suite t 58 Home (952) 934.7544 B4xx++ington. MN 55431 Mobi& (61 Z} ?90-2766 /~~ the sponsor (Daughters of Penelope) of the Senior Housing project was unable to secured their financing to go forward with the project and thus it was not both. In the fall of l 998, we received a letter from the City of Eagan suggesting potential rezoning of our property along with several others. The Comprehensive Plan Subcommittee had recommended that our property be guided MD (Medium Density). At that time we met with the Mayor at a community open house to discuss our property. We suggested that our property was unusual in that access was poor but it did have Intestate visibility that might attract some commercial users. We stated that if the city wanted housing on the property we thought HD (High Density) would make morn sense since the property is only 3.29 acres and the City Council had looked favorably on a muhi-story building in the past. We also stated that it would be difficult to sell our property to a townhorne developer because of the property's size (only 3.29 acres) unless we combined it with the agricultural property to the west. At that time it was not known what would happen to the property to our west. So after further discussion, it was determined that the City of Eagan did not want to guide our property High Density. It was decided to guide our property RC (Retail Commercial) for now and if and when a proposal that included the land to our west was presented the City, the City would like to see MD (Medium Density)- _. _ _ _ .. We have attached a copy of the letter sent to us from Julie Farnham that con$rms what we have just discussed. I hope this letter will help you understand our thoughts on the property and maybe we can reach a compromise on developing townhomes on the property that the Comprehensive Plan Subcommittee wanted just a few short years ago. We will be at the May 7, 2002 City Council meeting to answer any questions or concerns you may have or feel free to call us prior to the meeting. We look forward to seeing you in a couple of weeks. Sincerely, -'`-~',~ T'om Roberts M~1cc Tobin c.c. Mike Ridley, Senior Planner is~ city of e~gan PATRICtA f. AWAbA ?March 8, 1999 ^""~'o' PAUL BAICi~N Tom Robert BEA BLOMeuIST Stonewood Properties, Inc. PEGGY A. CARLSON SANORA A. MASIN 8120 Penn Ave. S. covx+ I~emtxrs Suite i 58 THOMAS HCOc;Es Bloomington, IvL'v 5431 GilvAdmlfiCtrptpr E. J. VAN OVFRBEKE Dear Nir. Robert, Cliy Clerk This letter is a follow up to your letter regarding the draft land use and zoning plans displayed at the recent community open houses. The draft plans recommend that your property be guided. MD (Medium Density) and zoned R-3 (Townhome). You raised concerns about this and requested the Comprehensive Plan Subcommittee consider guiding your property HD (High Density) or BP (Business Park). At a follow up meeting, the subcommittee discussed your eoncems. They concurred that the property may be mote conducive to commercial development and suggested that it reflect the land use and zoning on Biackhawk Plaza to the south. As such, the revised drag plan will proposed your property be guided RC (Retail Commercial} and toned NB (Neibltborhood Business). " Another community open house should be held in early summer to obtain Further input on the draft comprehensive guide plan prior to the official public hearing. Tt is anticipated that the official public hearing on the draft comprehensive guide plan will be held in mid to late summer. If you have any further questions or concerns you can either call me (G51-681-4698) or send another letter. Your initial concerns and any additional comments or letters will be forwarded to the Advisory Planning Carnntission and City Council in conjunction with the official public hearing this summer. `: Sincerely, I 'e Farrah ,Planner cc: Comprehensive Plan Subcommittee MUNICIPAL CENTER 3aao Pi~or KNQ9 rtoAD E.4GAN, MlNNF50TA 55122-1807 rro~: cbsl> a81-a0oo FAx: COs i) 0a 1-ab . 2 T;;p (osl; a5a aSJs THE LONE OAK mEE THE SYMBOI OF STRENGTH ANp GROWTH !N OUR COMMUNITY Equal Opporhmtty Employer ~~v MAINTENANCE FACILITY JS~I COACHMAN POtP(T EAGAN, MINNE~TA 5512Y vHoNF: tes1~ oe1-a~oo FAX: (051) b8 ~ •dJdO TOTAL P.04 Agenda Information Memo May 7, 2002, Eagan City Council F. PLANNED DEVELOPMENT AMENDMENT - (COLLIERS TOWLE REAL ESTATE) ACTION TO BE CONSIDERED: To approve a Planned Development Amendment to allow signage on the south elevation of a multi-tenant retail building located at 3090 Courthouse Lane, legally described as Lot 2, Block 2, Oakview Center, in the NW '/4 of Section 12 subject to the conditions listed in the draft APC minutes. FACTS: • An amendment to size of allowable signage for this building was considered by the Council on Apri12, 2002. • The Council approved the signage amendment regarding the west (front) elevation of the building, and directed the item to be revisited by the Advisory Planning Commission, suggesting that signage on the south elevation be considered in lieu of the east elevation. • The applicant has submitted a revised proposal for signage on the south elevation of the building. The south elevation is proposed to have two signs, no more than 3 feet in height, and each up to 17 feet in length. These dimensions are based on sign length totaling not more than 50% of the building frontage on that side. • The south elevation signage would be allowed only for the tenant(s) located in the southern end-cap space. • No change is proposed to the design requirements for individual back-lit letters. • The APC discussed the revised proposal at the April 23, 2002, meeting and recommended approval of the south elevation signage, subject to conditions in the APC minutes. ATTACHMENTS (2): Apri123, 2002, APC Minutes, pages~throu h Signage proposal for south elevation, page /59 MINUTES OF A REGULAR MEETING OF THE ~~~~~ EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA April 23, 2002 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, April 23, 2002 at 6:30 PM, at the Eagan Municipal Center. Present were Chair Huusko, Members Bendt, Nosbush, Steininger, Kaess, Segal, Gladhill and Stackhouse. Also present were Senior Planner Mike Ridley; Planner Cynthia Kirchoff; Planner Pam Dudziak; Assistant Engineer John Gorder; City Attorney Bob Bauer, and Recording Secretary Camille Worley. AGENDA Member Steininger moved Member Bendt seconded a motion to adopt the Agenda. All voted in favor. MARCH 26, 2002 ADVISORY PLANNING COMMISSION MEETING MINUTES Member Steininger moved, Member Bendt seconded a motion to approve the March 26, 2002 Advisory Planning Commission meeting minutes. All voted in favor. III. OLD BUSINESS A. PLANNED DEVELOPMENT AMENDMENT -COLLIERS TOWLE R/E A Planned Development Amendment to amend the signage area on Lot 2, Block 2, Oakview Center, located at 3090 Courthouse Lane in the NW '/4 of Section 12. Planner Dudziak introduced and discussed the history of this item. Gregg Hayes Colliers Towle R/E representative discussed the signage on the south elevation of the building. He stated a percentage of store lineal footage was used to figure the length. Member Kaess inquired about Council's disapproval of the rear signage. Senior Planner Ridley stated the signage to be allowed on the rear elevation was only one and one half feet high and four feet long. He stated the applicant was concerned with visibility of the signage from the roadway. He explained that the City Council deemed it appropriate for a larger sign on the south elevation rather than signage on the east elevation. He stated the proposed signage on the south elevation seems reasonable. /6U CITY OF EAGAN Advisory.Planning Commission April 23, 2002 Page 2 DRAFT Chair Huusko opened the public hearing. There being no public comment, Chair Huusko closed the public hearing and turned the discussion back to the Conunission. The Planning Commission discussed the size of the signage and collectively suggested that two three-foot by 17-foot signs to be allowed on the south elevation, only for tenant names occupying the south end-cap space of the building. Member Steininger moved, Member Bendt seconded a motion to approve the Planned Development Amendment to amend the signage area on Lot 2, Block 2, Oakview Center, located at 3090 Courthouse Lane in the NW '/4 of Section 12. All voted in favor. /6/ ,.. ~, .,. Lv..ci r1i t51L 3~7 989 TOwLE REAL ESTATE X002 i I AZT1:C PROPERTIES 5455 HIGIiWAY 169 PLYMpUTI ~[, MINNESOTA SS442 Duc to a change in the City of Eagan' s signage ordinance, Aztec Properties, L.LC. is asking [o amend its orignat P.D. Amendment. As discussed at d-e ~~ity Counsel meeting; of April Z, 2002, Aztec Properties, L.L.C. will forgo tenant signage or tt~e east side of the building. In lieu of the eastside signage, Aztec requests allownig tenant ~:iga~age on the south si.~le of the building. We request the criteria for the south side signag,: L as follows: Maximum sif;n height: Ihre~~ (3) feet Maximum sif;n length: Fifty ~aercent (50°b) of building length Sign type: Individual back-lit letters ---------------------------- r ELEVATION B ^ n 1" -- I ~ `~ E5~ ~T„ rt zt/11YIr1Rl R J-1 L ~.~.. • n . ~ ... /6 ~ ___ ___ ___-_..---.....J ~ Agenda Information Memo May 7, 2002, Eagan City Council VII. NEW BUSINESS A. CONDITIONAL USE PERMIT - DR. MARGARET MACRAE ACTION TO BE CONSIDERED: To approve a Conditional Use Permit to allow the continued to allow a kennel on property located at 4940 Dodd Road in the SW'/4 of Section 36, subject to the conditions listed in the APC minutes. FACTS: • The property consists of 5.4 acres and is zoned Agricultural, which allows kennels as a conditional use. • Dr. Macrae operates a kind of sanctuary for these animals, a few of which were strays or abandoned, but most of them because their owners could no longer care for them. She currently cares for 1 S dogs, 20 cats and 12 rabbits, and is proposing maximum limits of 22 dogs, 25 cats, and 12 rabbits for this permit. • The dogs and rabbits are kept in kennels in the garage, which is climate controlled. A fenced yard for the dogs encompasses just under an acre of the yard extending from the southeast corner of the garage. The cats are kept in the basement of the house. • Because of the size of the property and the nature of surrounding development, there are few residential neighbors. The City has received no complaints about the animals, and the Animal Control Officer reports that they are all well-cared for. • The City Code requires an administrative kennel license in addition to the Conditional Use Permit, therefore, there will be regular inspections by the Animal Control Officer for the annual kennel license. • The Advisory Planning Commission held a public hearing on Apri123, 2002, and recommended approval of the Conditional Use Permit. ATTACHMENTS (2): April 23, 2002, APC Mi utes, pages ~hretrg'lr'~ Staff Report, pages through /6.3 CITY OF EAGAN Advisory Planning Commission Apri123, 2002 Page 3 IV. PUBLIC HEARINGS D~:AFT A. CONDITIONAL USE PERMIT - MARGARET A MACRAE, M. D. A Conditional Use Permit to allow a kennel on Lot 3, Block 1, Skyview Addition, located at 4940 Dodd Road in the SW'/4 of Section 36. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated April 18, 2002. She noted the background and history. Applicant Margaret Macrae stated she is requesting approval of the Conditional Use Permit to allow her to care for animals in need. Chair Huusko opened the public hearing. There being no public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Member Gladhill asked who issues the permits and when the license will be reapplied for. He stated his approval of the conditional use permit and stated the intent is a worthy cause. He explained that a problem could arise if the area develops further. Ms. Dudziak stated the City issues the license and it is renewed annually. Member Stackhouse stated she is in favor of the proposal and feels Ms. Macrae is providing a noble service. Member Segal moved, Member Stackhouse seconded a motion to approve the Conditional Use Permit to allow a kennel on Lot 3, Block 1, Skyview Addition, located at 4940 Dodd Road in the SW'/4 of Section 36subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The applicant must maintain a current kennel license issued by the City. 3. No boarding of animals for commercial purposes may occur on the property. 4. The number of animals being kept on the property as part of this kennel permit shall not exceed 22 dogs, 25 cats, and 12 rabbits. 5. The operations of the kennel must comply with the standards in Chapter 10 of the City Code regarding the keeping of animals. All voted in favor. /6V PLANNING REPORT CITY OF EAGAN REPORT DATE: April 18, 2002 APPLICANT: Margaret Macrae PROPERTY O`VNER: Margaret Macrae REQUEST: Conditional Use Permit CASE: 36-CU-08-03-02 HEARING DATE: Apri123, 2002 APPLICATION DATE: March 21, 2002 PREPARED BY: Pamela Dudziak LOCATION: 4940 Dodd Road COMPREHENSIVE PLAN: LD, Low Density ZONING: A, Agricultural SUMMARY OF REOUEST Dr. Margaret Macrae is requesting approval of a Conditional Use Permit to allow a kennel on property located at 4940 Dodd Road in the SW'/4 of Section 36. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, 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: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. 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. /6S Planning Report -Margaret Macrae Apri123, 2002 Pale 2 D. 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. E. 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. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of mayor tmportance. 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 property is platted and consists of 5.4 acres. Asingle-family home was constructed on the site in 1991. EXISTING CONDITIONS The topography is gently rolling. The house is located about 150 feet from the street near the northern edge of the lot. A fenced yard encompasses just under an acre and extends from the southeast corner of the attached garage. The rear or eastern half of the property is natural unmaintained vegetation. Evergreen trees line the south side of the property and north side between the yard and the neighboring residence. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zonin Guide Plan North Sin le-famil A, A 'cultural LD, Low Densit South Rosea an/VFW A, A 'cultural LD, Low Densit East Hw . 3 West Lebanon Hills Park P, Park P, Park /66 Planning Report -Margaret Macrae Apri123, 2002 Page 3 EVALUATION OF REQUEST Code Requirements -The property is zoned A, Agricultural, which allows kennels as a Conditional Use, subject to the requirements of Section 6.38 of the City Code. The Conditional Use Permit pertains to the suitability of the use on the subject site. Section 6.38 City Code defines a kennel as "any place, building, tract of land, abode or vehicle, wherein or whereon a total of four or more dogs, cats, ferrets, or rabbits or combination thereof, over six months of age, are kept, kept for sale, or boarded." Additionally, a license is required to operate or maintain a kennel, and "no license shall be issued to a person or operation of a kennel in a zoning district where such operation is not permitted or otherwise allowed under the zoning chapter of the City Code." The license requirements and other City Code provisions relate specifically to the operations and conditions in which the animals are kept. Proposal -The City Code requires that the applicant obtain a kennel license in order to keep the number of cats, dogs and rabbits that she has acquired. The applicant is a medical doctor, an oncologist, and she has taken in many of these animals when her patients have become too ill to care for them. Dr. Macrae operates a kind of sanctuary for these animals, a few of which were strays or abandoned, but most of them because their owners could no longer care for them. She currently cares for 15 dogs, 20 cats and 12 rabbits. She also has two pygmy goats and over a dozen birds, which are not subject to the kennel permit. She has several volunteers ~vho take turns coming to help care for the animals on a daily basis -- providing fresh food and water, cleaning kennels, and giving some of the animals some time outside in the yard. The applicant states in her narrative that she is "hopeful of continuing to be able to provide a home for pets that my patients can no longer care for, but I do not plan to increase the number of animals that are currently residing with me." However, because the number of animals fluctuates, the applicant proposes maximum limits of 22 dogs, 25 cats and 12 rabbits. The City Animal Control Officer has indicated that there have been no reports of animals running loose, aggressive animals, or excessive noise or barking from the property. She also reports that the animals are well cared for and kept in clean conditions with proper medical care. Site Plan - A portion of the garage is partitioned by a chain link fence into azeas for dogs. The dogs have access to the fenced yard outside through pet doors. A solid wood fence encloses an outdoor yard area of just under one acre for the dogs. That fenced yard is divided by a chain link fence to provide separate spaces for the large and small dogs. The dogs can access the yard through pet doors in the garage that open into the fenced yazd. The applicant also keeps rabbits in stacked kennels in the garage. The garage is climate controlled to prevent it from getting too cold in the winter or too hot in the summer. The cats are kept in the basement. The floor is concrete, and pet beds, climbing furniture and several litter boxes are provided. There is also a window that allows daylight into the room. /6~ Planning Report -Margaret Macrae Apri123, 2002 Paee 4 Property -The property consists of 5.4 acres. The adjacent lot to the north is also five acres in area and zoned Agricultural. Additionally, that neighbor has a barn and keeps horses. To the south are two properties that are both zoned Agricultural, but both are commercial buildings (Roseagan and VFW). Landscaping -The applicant has invested in significant landscaping on the property, as well as the wood fence in the rear yard and an invisible fence in the front yard. Dozens of trees have been planted along the north and south boundaries on the front half of the property and a large area on the rear half of the property has been restored to natural vegetation. SUMMARY/CONCLUSION Dr. Margaret Macrae is requesting approval of a Conditional Use Permit to allow a kennel on property located at 4940 Dodd Road in the SW'/4 of Section 36. The property is zoned A, Agricultural and consists of more than five acres. Because of the size of the property and the nature of surrounding development, there are few residential neighbors. The City has not received any complaints about the animals, and the Animal Control Officer reports that they are all well-cared for. The City Code requires an administrative kennel license in addition to the Conditional Use Permit, therefore, there will be regular inspections by the Animal Control Officer for the annual kennel permit. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow a kennel on property located at 4940 Dodd Road in the SW'/4 of Section 36. If approved, the following conditions should apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The applicant must maintain a current kennel license issued by the City. 3. No boarding of animals for commercial purposes may occur on the property. 4. The number of animals being kept on the property as part of this kennel permit shall not exceed 22 dogs, 25 cats, and 12 rabbits. 5. The operations of the kennel must comply with the standards in Chapter 10 of the City Code regarding the keeping of animals. /68 FINANCIAL OBLIGATION - 36-CU-08-03-02, Margaret Macrae, M.D. C-U-P Lot 3, Block 1, Skyview Addition There are pay-off balances of special assessments totaling $-0- on the parcel for which the conditional use permit is requested. At this time, there are pending assessments on which the conditional use permit is requested. Project 751R, Dodd Road 120 Street Road following improvement is proposed for assess street and storm sewer the parcel in the amount of $51,905 for These pending assessments are related to Street and Utility Improvements. The vent to the parcel. The improvement is Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are noted. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The approval of the conditional use permit is not contingent upon the payment of these Connection/Availability Charges. The charges become due and payable with connection to the City's Utilities. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT Sanitary Sewer Trunk S.F. $945/ Lot 1 Lot $945 Water Trunk S.F. 985/ Lot 1 Lot 985 Storm Sewer Trunk S.F. .09/Sq. Ft. 236,631 Sq. Ft. 21,288 TOTAL $23,218 /69 a Eagan Boundary Location Map ~ Street Centerline Parcel 4ru 'r Building Footprint ~ 1 ~~ R c' r ^,3v n"y`r a ~ t u e -~ ~ .g 1 a ¢ 1/ ~ VI cti~` ~ ~ ~ r £ G i n ~ _ o i~ ~~ " g: ~, v S3 t ~ .~ V~ ~ ~ c ~ _ 7 nil ~L. e ^. ! l1~_ 1 a5"i a '. {i ~ ~ ~ v (! 4 O d !' ~ ~ ~ e ~ ~c ~ ~ ` ~ C ~ ~ C. _ ~ c ~~ . F~ ~ < p a -~ . ] ~ ~ t3 ~ ~e ~ esq 6 • ... w~ty ~ ~ •~ A,r'a t1 ~ m ~a- m ~ A L` ~ A.. - G -" Oy 6 _ a~ ~ W ~ 9 ~ • ~ - 4'+ r ~ k. a r ~ ~ ~ ~ O ~ +' •' ~ ® ' ~ .M "i ~ v ~r, 1~~~ ~ e .` ~ 9 y ~ ~ ~~ ~ ~ v ~ L J ~ t ~.. ~ ° y = c: t = ~ ~` t ~ _ e. ~ ~ e ~ ~` z Sub eCt Site ~ a c ~ ~ e ;~ . - , _ ~ •_ 1000 0 1000 2000 Feet Developmerrt/Developer: Margaret A MacRae Application: Conditional Use Perini Case No.: 36-CU-08-03-02 / Map Pnpand using ER51 ArcYraw 5.1. parch base nup data provided ty Dakota County Land Survey Dapanlnarrt and 4 currant a of March 2002. NTENDED FOR REFERENCE USE ONLY ~' w~t=_ C~t~/ Of Eagan M ; td ti F S 0 T a THIS MA- IS I The City of Eagan and Dakota County do not guaraMw the accuracy of this Information and a-e 5 Cemrrwrrlty Davatopment Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Margaret Macrae Land Use Map Case No. 36-CU-08.03-02 Zoning Map R' .t A ~ s' ® ~ A A i •1 - R 1 Current Zoning: Loc ation ,., R•1 G{ A Agricultural O C o .00 0 .00 1300 F..1 Comprehensive Guide Plan Land Use Map 5 ~~ ~° .~ { f e' o ~ ar Current Land Use Designation: Loc ation ~ ,,,, LD Low Density Residential • soe o soo lsoo F..t ~ a r1 ~ M -_ / ~1~ ~- ~~ .. SITE PLAN 3z TOPOGRAPHY /~~ Immanuel ~~St. oseph's Mayo Health System ~Isrch ? 1, 3003 City Council Members City of Eagan To Whom It Mav Concern: I am applying for a Kennel License for my property at 49-40 Dodd Road, Eagan, iVlinnesota. The legal description of this property is that of Lot 3, Block 1, Skyview, Dakota County, Minnesota, zip code >j 133. The purpose of my applying for the Kennel License is to continue to provide a home for the animals that currently reside there with the animals that are currently there being pets that were previously owned by patients of mine who have either died or are unable to continue to care for these pits as a result of their having advanced cancer. I have a ~.5-acre lot «~ith a 6-foot cedar fence enclosing an approximately 1-acre area ~r•ith this fence being subdivided with a chain link fence so that there are tw•o areas wherein the dogs can run. A portion of the front yard is enclosed with an invisible fence so that the dogs can run safely in the front yard and not go into the park across the street or into the road. The animals that currently reside on my property are under my care and I do not receive compensation for caring for them. I at no time plan to run a kennel as a business for compensation. I am hopeful of continuing to be able to provide a home for pets that my patients can no longer care for, but I do not plan to increase the number of animals that are currently residing with me. The animals in my possession are cared for by myself as well as friends and patients who volunteer their services. All the animals have appropriate veterinary care as needed and all animals are vaccinated and sterilized with the exception of the rabbits who are not procreating as the female rabbits are separated from the male rabbits. I have attempted to provide a sanctuary site for the animals in my possession. I have not destroyed any trees on my property and have actually done a great dial of landscaping to add trees to provide shade for the animals. I have also added a natural prairie to provide homes for birds and rabbits. None of my animals run free other than for in the enclosed area of the invisible fence. All dogs are trained to stay within the confines of the invisible fence. The area that is fenced in is bordered by the invisible fence so that the dogs do not dig out. The zoning of my house at the time that I bought it was agricultural. I at this time do not plan to add any additional buildings. The dogs during the day are able to enter into and out of the garage as needed. There is a furnace in the garage that is kept at 45 degrees during the winter. Fans are in place in the summer to help provide adequate ventilation if the dogs do wish to remain in the garage. There are no existing water bodies on my property with the nearest significant body of water being that of the lake in the park across from my property with this being an approximately two-mile distance. 1025 Marsh Street, P.O. Box 8673, hlankaco, MN 56002-8673 Phone: 507-623-4031, Fax: 507-343-2936 '~ RE: ivfACRAE, LETTER MR#: T1.1P2002032000009 PAGE: 2 I at no time plan to advertise kennel facilities in my home with a sign. I at this time do not plan to add any additional fencing. At the time that I bought my home approximately seven years ago there were approximately 80 trees on the property with my having added approximately 30 more trees since I purchased my home. Other details of the kennel plans will be submitted as requested. The majority of the pets that are in my possession aze animals that would have difficulty in going to other homes due to their being of advanced age or having medical problems that would make it difficult for them to be adopted. I wish to thank you for your consideration of my request to have a Kennel License. Sincerely, M azet A. acRae, M.D. Medical Oncology Immanuel St. Joseph's Mayo Health System MAM:njs /~S \~ ~_` \ \\ `` + '~./ r ~\`~` _. .,`~ .~._.. Gn ~~~ ~~ 0 Q~ •~ U ~ '"'" ~~ ~~~ O V C~ ~., ~~ V ~ O Q v J 4r ~~ V U - - _ ` `,; ti v Y _ L C L T G ~' F n _ 1 ~ - _ 1 ~ ~ ~ - • . / ' S C t I 1 . . K, C r ~ ~ . ' ~ _ _ ~ C v .f •l. -j I II ' C ~ /. /. 1. . . r, ~.. ~ _ _ Ti - - ~ _ ` -_..t - ~ - ~_ r ~ ' - - _f. - ._ ~_ _ -~ ~ ~' - _ 1, r, _ _ _ ~ L _ _ C C L._ L, ? _ ~ ~ L ~ _ LL _ .. _ J /~v I - - .f j -I ~f. C = = .f T - - ~ 7 B Agenda Information Memo May 7, 2002, Eagan City Council B. CONDITIONAL USE PERMIT -A.L.M. INC. DBA BURGER KING OF EAGAN ACTION TO BE CONSIDERED: To approve a Conditional Use Permit to add a second drive-through service lane at the Burger King located at 1275 Town Centre Drive, legally described as Lot 1, Block 1, Town Centre 70 3Ta Addition, in the NW '/4 of Section 15, subject to the conditions listed in the APC minutes. FACTS: • The Burger King was developed in 1986. A Conditional Use Permit was issued at that time for the drive-through service. This proposal is largely an internal improvement to accommodate the increase in drive-through service traffic Burger King has experienced. • The site plan shows two drive-through order lanes merging into one pick-up lane. A bypass lane is provided on the outside of the two drive-through lanes. To accommodate the second service lane, seven parking stalls will be removed. • The applicant is proposing some new landscaping along Yankee Doodle Road, and staff is suggesting landscaping also be installed along Denmark Avenue to screen the drive-through stacking area and parking. • Since the preparation of the planning report, the applicant has provided detailed plans for the menu board signs, which are also attached. The conditions in the APC minutes reflect these new menu board sign plans. • The Advisory Planning Commission held a public hearing on Apri123, 2002, and recommended approval of the Conditional Use Permit. ATTACHMENTS (2): Apri123, 2002, APC Minutes, pages through Staff Report, pages ~ through /~~ CITY OF EAGAN Advisory Planning Commission DRAFT Apri] 23, 2002 Page 4 B. CONDITIONAL USE PERMIT - A. L. M. INC. A Conditional Use Permit to allow an additional drive-through service lane on Lot 1, Block 1, Town Centre 70 Third Addition (Burger King), located at 1275 Town Centre Drive in the NW '/4 of Section 15. A menu board signage proposal was distributed to the Advisory Planning Commission. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated April 18, 2002. She noted the background and history. Applicant Alan Martinson stated his goal is to control the traffic congestion on the property. He described the current and proposed landscaping on the property. He stated Burger King Corporation provides menu boards and he is requesting that the particular requested menu signage be approved. Chair Huusko stated he is in favor of approval of the conditional use permit. Member Gladhill stated an additional drive through lane would resolve some of the congestion, however it will allow twice as many cars to exit. He stated the exit should be made into a right turn only. Assistant Engineer John Gorder stated the City is working with a consultant who will survey the surrounding businesses to come up with alternatives to the traffic issues on Town Centre Drive. He stated the survey would most likely be sent out in May. He explained that any sign that is placed on private property is not enforceable by City Police. Mr. Martinson stated the problem has been recognized and a sign is erected in the exit lane, indicating right turn only during peak traffic hours. He stated an additional drive-through will not result in traffic doubling. Member Stackhouse asked how the customers will know that the drive through splits into two lanes. Mr. Martinson stated it is possible to initially have an employee distribute information regarding the two-lane drive through at the entrance to the drive through. He explained that most franchises that use this method do not have signage to direct traffic. Chair Huusko opened the public hearing. There being no public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. i~g CITY OF EAGAN Advisory Planning Commission Apri123, 2002 Page 5 Member Segal moved, Member Stackhouse seconded a motion to approve the Conditional Use Permit to allow an additional drive-through service lane on Lot 1, Block 1, Town Centre 70 Third Addition (Burger King), located at 1275 Town Centre Drive in the NW '/4 of Section 15 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 second drive-through lane shall be designed and constructed in accordance with the site plan. 3. The site shall be allowed one menu board for each drive-through lane, each menu board shall not exceed a size of sip eight feet wide by 4.5 feet high (total structure height not to exceed seven feet.) No advertising signage shall be attached to the menu boards or placed adjacent to the menu boards. 4. Landscaping shall be installed along Yankee Doodle Road as indicated on the site plan. 5. Additional landscaping shall be installed along Denmark Avenue to provide some screening of the stacking lanes and the parking lot. The applicant shall revise the site plan to include this additional landscaping prior to recording the Conditional Use Permit. All voted in favor. /~9 PLANNING REPORT CITY OF EAGAN REPORT DATE: April 18, 2002 APPLICANT: A.L.M., Inc. d.b.a. Burger King of Eagan PROPERTY OWNER: Josephine Massimini REQUEST: Conditional Use Permit LOCATION: 1275 Town Centre Drive COMPREHENSIVE PLAN: SA, Special Area ZONING: CSC, Community Shopping Center CASE: 15-CU-06-03-02 HEARING DATE: Apri123, 2002 APPLICATION DATE: March 19, 2002 PREPARED BY: Pamela Dudziak SUMMARY OF REQUEST A.L.M. Inc. is requesting approval of a Conditional Use Permit to add a second drive-through service lane at the Burger King located at 1275 Town Centre Drive, legally described as Lot 1, Block 1, Town Centre 70 3rd Addition, in the NW '/< of Section 15. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, 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: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. 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. /80 Planning Report -A.L.M. Inc., d.b.a. Burger King of Eagan April 23, 2002 D. t~~'ill 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. E. 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. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. 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 Burger King was developed in 1986. A Conditional Use Permit was issued at that time for the drive-through service. EXISTING CONDITIONS Burger King currently has one drive-through service lane. The drive-through window is located on the west side of the building, with stacking space wrapping around the north end of the building. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zonin Guide Plan North Yankee Doodle Rd./ Ea an Promenade PD, Planned Development SA, Special Area South Rainbow Foods CSC, Community Shopping Center SA, Special Area East Si al Bank PD, Planned Develo ment SA, S ecial Area West Arby's CSC, Community Shopping Center SA, Special Area /8/ Planning Report -A.L.M. Inc., d.b.a. Burger King of Eagan Apri123, 2002 EVALUATION OF REQUEST Compatibility with Sunoundina Area -This proposal is nova change in use since the site currently provides drive-through service, as do several other businesses along Town Centre Drive. With a single service lane, drive-through traffic often backs up through the parking lot at peak times. This on-site congestion may sometimes affect traffic off-site as well. Expanding the drive-through service to two lanes will help to accommodate the increased drive-through business on the site. Site Plan -The site plan shows two drive-through order lanes merging into one pick-up lane. A bypass lane is provided on the outside of the two drive-through lanes. To accommodate the second service lane, seven parking stalls will be removed. An island will be installed to separate the order lanes and provide a place for a second menu board and speaker assembly for ordering. The applicant has submitted a narrative explaining their reasons for seeking this modification, and detailing how the two-lane operation functions. Parking -The Burger King currently has 51 parking stalls, and with this proposal the number of stalls would be reduced to 44. The City Code does not have a specific parking standard for Class II restaurants. Required parking for such establishments "shall be determined by the Council when reviewing the site plan, and shall be based upon prior experience." A review of a sample of other Class II restaurants in the City shows a wide range of parking, but a typical standard appears to be around 40 stalls. Arb 's on Town Centre Drive 46 stalls Taco Bell on Town Centre Drive 26 stalls Wend 's on Pilot Knob and Crestrid e Dr. 36 stalls Wend 's on Cliff Rd. and Nicols Rd. 40 stalls McDonald's on Town Centre Drive 36 stalls McDonald's on Silver Bell Road 60 stalls McDonald's on H . 55 Oakview Center) 68 stalls Landscaping -Some existing landscaping on the north end of the building will be lost as a result of the construction associated with the expansion of the drive-through lanes. Two of these trees will be relocated to the north edge of the property adjacent to Yankee Doodle Road, and additional shrub beds will be added to frame the sidewalk linking the site to the trail on Yankee Doodle Road. The applicant is also proposing six new evergreen shrubs on the north side of the property to enhance screening of the drive-through stacking lanes. The City Code requires screening of stacking areas for drive-through service as well as parking lots, from public rights-of--way. Screening along the east side of the property is currently lacking and staff recommends additional landscaping be installed along Denmark Avenue to provide some screening of the stacking lanes and parking lot. The applicant should revise the site plan to include this additional landscaping prior to recording the Conditional Use Permit. /ga Planning Report -A.L.M. Inc., d.b.a. Burger King of Eagan Apri123, 2002 Page 4 Access/Street Design -The site has access from Town Centre Drive in two locations, and aright- in/right-out access to Denmark Avenue. No changes to the existing access are proposed. Si a e - With a second drive-through order lane, a second menu board sign will be required. No specific plans were submitted for the menu board signs. The 1986 conditional use permit approved a menu board approximately six feet wide by 4.5 feet high, with a total structure height of 6.5 feet. Menu boards provide drive-through customers with a list of menu options, however, advertising signage should not be attached to the menu boards or placed adjacent to the menu boards. SUMMARY/CONCLUSION A.L.M. Inc. d.b.a. Burger King of Eagan is requesting approval of a Conditional Use Permit to add a second drive-through service lane at the Burger King located at 1275 Town Centre Drive. This proposal is largely an internal improvement to accommodate the increase in drive-through service traffic Burger King has experienced. Because the City Code classifies drive-through facilities as a conditional use, and Burger King currently operates under a Conditional Use Permit issued in 1986, this site plan modification requires that a new Conditional Use Permit be approved. Expanding the drive-through service to two lanes will help to accommodate the increased drive-through business on the site. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to add a second drive-through service lane at the Burger King located at 1275 Town Centre Drive, legally described as Lot 1, Block 1, Town Centre 70 3rd Addition, in the NW '/4 of Section 15. If approved, the following conditions should apply: This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The second drive-through lane shall be designed and constructed in accordance with the site plan. 3. The site shall be allowed one menu board for each drive-through lane, each menu board shall not exceed a size of six feet wide by 4.5 feet high (total structure height not to exceed seven feet.) No advertising signage shall be attached to the menu boards or placed adjacent to the menu boards. 4. Landscaping shall be installed along Yankee Doodle Road as indicated on the site plan. 5. Additional landscaping shall be installed along Denmark Avenue to provide some screening of the stacking lanes and the parking lot. The applicant shall revise the site plan to include this additional landscaping prior to recording the Conditional Use Permit. /83 FINANCIAL OBLIGATION -15-CU-06-03-02, A. L. M., Inc. C-U-P Lot 1, Block 1, Town Centre 70 Third Addition There are pay-off balances of special assessments totaling $-0- on the parcel for which the conditional use permit is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The approval of the conditional use permit is not contingent upon the payment of these Connection/Availability Charges. The charges become due and payable with connection to the City's Utilities. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT None USE RATE QUANTITY AMOUNT $0.00 TOTAL ~gy $0.00 Eagan Boundary Location Map ~ P~: ~.~arl'na Building Footprint J ,. ;;1 a 1 ~'~ r a Development/Developer: A.L.M. Inc. -Burger King Application: Conditional Use Per Case No.: 15-CU-06-03-02 /~ Map Pnpanid using ERSI ArcY.w 3.1. Pan:~l b~s~ rrwp dab provided N by pkou County Land Swv~y Gpanm~M end is eurnM at o/ Man;h 1002. µ~ E City of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY A,, ~ ~. ,~: = S ~ - a Tha City of Eagan and Dakota County do not guarantee the accuracy of this ittformation and era S W~n'nurpty p.v.lopm.nt p.paRn:nt not responsible for errors or omissions. I X000 0 _ 1000 2000 Feet Current Zoning and Comprehensive Guide Plan Land Use Map A.L.M. Inc. d.b.a. Burger King of Eagan Case No. 15-CU-06-03-02 Zoning Map Current Zoning: CSC Community Shopping Center 000 0 000 1200 ION ID .D t 6 u RD ID DO ID .D Location D 00 ID i OD -D IO COC ID D ~s .0 I D ID IO 1 iC COC -0 fC OD ~~~ D Comprehensive Guide Plan Land Use Ma ~/ fA p lA L ti iA sA oca on sA Current Land Use Designation: ~ '" SA I sA Special Area .. 000 0 000 1100 ION ~ u M n ^ U Z ~. ~ : e O C7 ? SU ° 2 v s S °~~u WN = ~ G20 ~j [ ° = Q V ~ m t / ~ Q ~~ - Z @ 8 W ~ ~~ OQ N ~ r~~0 a. n TWO ~ a rN. ~ i~ ~ ~ti W '^ ~Op~ ~W f~N - - 4. 9 z ~~ _ p _ _~ ; _ i ~ w ` = ~ .' Mf : ~ _9,s. _ L ~ N ~ l © ~'I ©U ~~a0oa ~~WUV V W ~~~ g~ ~ s s i ~ £ ~ $ 3~; a ~~~s ~~ ~ ~ Y a Y Y ~ ~ 9 ~ ~ $ Y ~ ~ ~ Y ~ ~ ~ e'~ ~ Y~ Yy~ Y 4433 ~~~ $'~ ~ ^~ ~ ~ , ~ Y~ '!tea Y~ 53 7~ ~b .~`,iP W M1tlOM \\ ~: ~i u nn~ n 9 Q CQ g 0 ~p~~Ja ~lbbb~]9 bG~10~ / ~~ 3. r--~ L~J March 18, 2002 Ms. Pam Dudziak, Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Burger King -Town Centre Eagan, MN Dear Pam, Attached you will find the condition use permit application, a written narrative and the required site plans. WCL Associates has redesigned the drive thru at the restaurant as requested by the franchise owner. We have looked at all of the site constraints and uses and recommend the attached plan for approval. Landscaping: We are losing some insignificant shrubs at the interior curb area of the drive thru. We propose to relocate the 2 significant trees to the grassy area North of the drive thru and increasing the planting bed area on site by creating shrub planting beds framing the public sidewalk from Yankee Doodle Road. Also proposed are 6 new evergreen shrubs to screen the parked cars and stacked cars from Yankee Doodle Road. With the addition of these new shrubs, no intersection traffic visibility is obstructed and we have an improved landscaping layout between the public and private realm. Parking: We have eliminated 7 parking stalls to accommodate the two lane drive-thru, the loss of those stalls is covered with the increase of drive-thru customers vs. dining room seating, the franchise owner addressed this change with customer demography statement. I have included the photos, that I have taken at the site for your convenience in reviewing the Conditional Use Permit Application. WCL ASSOCIATES INC. Architecture Interiors _~. ~~J ~,. I ~.- = - Page 2 We request to be included in the April 23, 2002 Advisory Planning Commission meeting. If you have any questions or require any additional information, please do not hesitate to contact me. Sincerely, Cathy I. Nordin, AIA WCL Associates, Inc. Attachments (G:12001\19_om104 tclcorrespondence\L_0313pd.wpd) /89 s 1275 Town Centre Drive 1980 Rahncliff Court Eagan, MN 55123 Eagan, MN 55122 651-456-0759 651 X52-0332 FAX 651-998-1461 ~~EG A.L.M. Inc. d.b.a. Burger King of Eagan ~N Follrnving is the business case for the hvo lanedrive-thru plan: I opened the Burger King restaurant in Town Centre in August of 1986. At that time, drive-thru made up approximately 45% of our business and our dining room used to fill up. In the years since, drive-thru has gradually increased each year to the point today where we now do over 60% of our business in the drive-thru lane. This business shift has left our parking lot with extra room, and adrive-thru lane packed during our peak periods. The two lane drive-thru concept has been tested and endorsed by Burger King Corporation for 10 years or so. Burger King franchisees have several of them installed across the state of Minnesota. The idea is based on the fact that during busy periods, the order taking process is the slowest step in the drive-thru system. By providing two order taking points that funnel into one lane, we get three benefits: ^ R'e don't wait for the customer to approach the speaker, roll down a v~-indow, decide their order etc.. V~'hile we take the order from one car, a car can pull up to the other speaker post, prepare to order, and they are ready when we are. ^ The order taking process can keep up with the cash handling and order delivery. During peak periods wee can move cars past the menu boards more quickly to the pick-up windows. ^ R'e split one line of cars waiting at the drive-thru speaker into two shorter lines. This will provide less congestion in our parking lot and prevent cars from backing up to the parking lot entrance. Operating a hvo lane drii~e-thru ^ As customers enter the drive-thru lane area, they can choose either lane. ^ Each member of our drive-thru crew wears a headset that has two input/output sources. They can take an order from lane A -then move to lane B by pushing a different button on the headset_ ^ After each order is taken, the cashier "releases" that car to merge into the single lane for paying and pickup of food. As we "release" that car, we know it will be next in line to pay and pick up the order. I have a video describing this system in detail if you would have interest in seeing it. Parking We have one davpart where parking capacity even comes close to being an issue -- Monday through Friday at lunch for about 1 hour - 11:30 AM to 12:30 PM. All other dayparts and v~~eekends, there is much more parking than traffic requires. With the shift towards drive-thru traffic, we find we have 10 or more empty parking stalls available at any given lunch. /90 G, Emplo~~ee parking. During the peak of lunch, we generally have about 8 employee cars on the lot although we may have more employees. Several of our crew members car pool, or take the bus and we always make up part of our lunch staff with students from work programs and they take a bus to the restaurant. These employee cars are parked in one of two areas: • Stalls in the SW corner of the lot -- the stalls you pass after leaving the pickup window. These are least likely to be used by customers. • Stalls in the NE corner of the lot by the main pole sign. Again, these are stalls furthest from the main customer entry and the last ones to be used. Curb issue I understand the City of Eagan representatives like the drive-thru drawing we have prepared but would like to see a curb added on the right side of the outside drive-thru lane. This curb would be provided to separate the drive-thru traffic from the other traffic moving around the building. This is a good theory. In practice, I think the negatives would outweigh the benefits. For example: ^ A curb in that area would create an additional snowplowing problem and undoubtedly be damaged. ^ We do have large vehicles that enter the lot occasionally and they need a way to move around the building. This curb would either make them back out -really clogging up the traffic flow, or force them to jump the curb. ^ I have been operating the drive-thru without this curb for over 15 years. In regard to the by-pass lane, there v~~ll be no changes in this proposed plan. We just do not have a problem with this. ^ I've spoken with my Burger King franchise representative, Kevin Kinney, about this curb issue. He supervises about 100 Burger King restaurants and has more of these double drive-thru locations than any other Franchise manager. None of the locations he supervises have a curb in that location and he sees no need for it. I hope this addresses any questions regarding our drive-thru plans. Sincerely, ~! / ti ~n Alan L. Martinson President -A.L.M. Inc. /9/ 7- Agenda Information Memo May 7, 2002, City Council Meeting C. CONDITIONAL USE PERMIT - 935 ALDRIN LLC ACTION TO BE CONSIDERED: To approve a Conditional Use Permit to the allow the outdoor storage of warehouse merchandise on property located at 935 Aldrin Drive (Lot 2, Block 1, Eagandale Corp. Center No. 3) in the SE '/< of Section 11, subject to the conditions in the attached staff report. FACTS: • The applicant proposes to store warehouse merchandise outdoors on property zoned I-1 (Limited Industrial). • Outdoor storage conducted by the occupant of the principal building is a Conditional Use in the I-1 zoning district. • Numerous pallets of potting soil are currently stored outdoors on the site. • A 200,000 square foot warehouse structure is present on the site. However, the applicant utilizes only 70,000 square feet for warehouse storage. • The proposed storage area would measure 250 feet by 130 feet (32,500 square feet) on the west and 100 feet by 130 feet (13,000 square feet) on the east for a total of 45,500 square feet (or more than one acre) • The proposed enclosed outdoor storage area would obstruct two hydrants and interfere with vehicular access and loading. • The proposed enclosure, a chain link fence with slats, will look like an afterthought and does not appear to be compatible with the exterior materials of the principal structure. • On April 23, 2002, the APC held a public hearing on this item and recommended denial of the Conditional Use Permit by a vote of 6 to 1 because the proposed outdoor storage would obstruct the fire hydrants, and the size of the proposed storage area appears to be excessive for the site. ISSUES: • A chain link fence with slats is proposed to screen the warehouse merchandise. Staff recommends that metal panels be utilized where the area is visible from public rights-of--way. • Concern was expressed by a neighboring property via a letter and at the public hearing regarding the amount of outdoor storage and on-street truck parking that takes place due to the congested drive aisle and loading area. • The applicant contacted staff after the APC meeting to request that the maximum height of the fence be increased to 8 feet, rather than the 6 feet noted on the site plan. • Although staff has concerns with the proposal, the Fire Marshall has prepared the following additional recommended conditions of approval: 1. An additional hydrant shall be installed on the site. (Note: This condition would require the elimination of Condition No. 7 in the attached staff report.) 2. A 26 foot wide fire access aisle shall be provided within both outdoor storage areas. 3. An exit separate from the slide gate for vehicular access shall be provided for pedestrians in both outdoor storage areas, design subject to the Fire Marshal. ATTACHMENTS (2): Draft Apri123, 2002, APC eeting minutes, page ~ to Planning staff report, page to ~~ /9~ CITY OF EAGAN Advisory Planning Commission Apri123, 2002 ~~~~T Page 6 C. CONDITIONAL USE PERMIT - 935 ALDRIN, LLC A Conditional Use Permit to allow the outdoor storage of warehouse products on Lot 2, Block 1, Eagandale Corporate Center No. 3, located at 935 Aldrin Drive in the SE '/4 of Section 11. Planner Kirchoff introduced this item and highlighted the information presented in the City Staff Report dated April 18, 2002. She noted the background and history. Applicant and Real Estate Manager Gary Santoorjian stated the conditional use permit is being requested to create storage space that will allow a variety of his customers businesses to strive together. He requested that the height of storage be amended to eight feet rather than six feet. He described the costs of providing an enclosure made of aluminum paneling to be over $96,000. He stated expenses in this magnitude are not feasible: He also discussed options for access to the fire hydrants located north of the building. Chair Huusko opened the public hearing. Dan Kloster, MATS, Inc., stated he submitted aletter-expressing concern for the ascetics and the decrease in property value. He discussed safety issues with the many delivery trucks. Mr. Kloster also stated that the proposal represented a 44,000 SF warehouse expansion without expanding the warehouse. There being no further public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Chair Huusko inquired about the current amount of open storage in the building. Mr. Santoorjian stated the amount of open storage is not always consistent. He explained that he is requesting the conditional use permit to resolve compatibility issues. Member Gladhill stated that since Dart controls 70,000 SF of the storage space in the 200,000 SF building, the proposed 44,000 SF of outdoor storage represents a 70% increase in available storage area for Dart. Mr. Ridley stated the Fire Marshal must be involved with the fire hydrant placement on the property. l93 CITY OF EAGAN Advisory Planning Commission ~ o-"~i ~\ ~~` April 23, 2002 ~'~ /~+~° Page 7 Member Gladhill stated he is against anything that will block access to the fire hydrant. Member Segal stated he disagrees with granting the entire amount of outside storage because the loading doors and fire hydrants will be blocked. Member Nosbush stated the outside proposed is not appropriate and, therefore, he is opposed to the approval of the conditional use permit. Member Kaess moved, Member Nosbush seconded a motion to approve the Conditional Use Permit to allow the outdoor storage of warehouse products on Lot 2, Block 1, Eagandale Corporate Center No. 3, located at 935 Aldrin Drive in the SE'/4 of Section 11 subject to the following conditions as amended: 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 60 days of approval. 2. Screened outdoor storage areas shall be limited to 130 feet by 250 feet on the west and 130 feet by 100 feet for a tota145,500 square feet. 3. Outdoor storage shall be limited to warehouse merchandise. 4. The outdoor storage areas shall be enclosed with anodized aluminum panels of a color compatible with the principal structure. 5. Outdoor storage shall not exceed the height of the enclosure. 6. A landscaping plan that provides a mixture of evergreens and overstory trees along the east property line shall be submitted to the City for staff review prior to the release of the Conditional Use Permit for recording. 7. The two hydrants shall be relocated on the property, as approved by the Fire Marshal, to provide unobstructed access for the fire department. The storage area will not interfere with vehicular movement; occupy drive aisle access to the loading docks and with fire department access to the two hydrants along the north property line. A vote was taken. Aye: Kaess Nay: Chair Huusko, Segal, Bendt, Steininger, Nosbush and Stackhouse. Motion failed. /9~f CITY OF EAGAN Advisory Planning Commission April 23, 2002 Page 8 DRAFT Member Segal moved to amend the previous motion to state that the storage area is not to block the fire hydrant and or interfere with the loading and unloading of trucks. This motion was not seconded. Member Bendt stated a plan for the fire hydrant access should to be determined. He stated the storage azea is too large and he is against approval of the conditional use permit. Chair Huusko stated he is against approval of the conditional use permit based upon the size of the storage azea proposed and the fire hydrant access. Members Gladhill and Stackhouse concurred with Chair Huusko. Member Stackhouse stated her opposition is due to the blocking of the fire hydrant. Member Bendt moved, Member Nosbush seconded a motion to deny the Conditional Use Permit to allow the outdoor storage of warehouse products on Lot 2, Block 1, Eagandale Corporate Center No. 3, located at 935 Aldrin Drive in the SE '/4 of Section 11. A vote was taken. Aye: Chairman Huusko, Segal, Bendt, Steininger, Nosbush and Stackhouse. Nay: Kaess Motion carried. 19s PLANNING REPORT CITY OF EAGAN REPORT DATE: April 18, 2002 APPLICANT: 935 Aldrin, LLC PROPERTY OWNER: Same REQUEST: Conditional Use Permit CASE: 11-CU-07-03-02 HEARING DATE: Apri123, 2002 APPLICATION DATE: April 1, 2002 PREPARED BY: Cynthia R. Kirchoff LOCATION: 935 Aldrin Drive (Lot 2, Block 1, Eagandale Corp. Center No. 3) COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST 935 Aldrin, LLC is requesting a Conditional Use Permit to allow for the outdoor storage of warehouse merchandise on property located at 935 Aldrin Drive (Lot 2, Block 1, Eagandale Corp. Center No. 3) in the SE'/4 of Section 11. AUTHORITY FOR REVIEW According to Chapter 11, Section 11.20, Sub. 16. Limited Industrial (I-1) zoning district, outdoor storage conducted by an occupant of the principal building, subject to outdoor storage standards, is a Conditional Use. City Code Chapter 11, Section 11.40, 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: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. J96 Planning Report - 935 Aldrin Dr. CUP April 18, 2002 Page 2 C. 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. D. 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. E. 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. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. 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. City Code Chapter 11, Sec. 11.10, Subd. 29.2(C) provides the following: In addition to the requirements for a conditional use permit listed above, City Code Section 11.10, Subdivision 29.2, C, lists performance standards for outdoor storage as follows: Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (I-2) zoning districts, the enclosure maybe detached from the principal building. 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. /97 Planning Report - 935 Aldrin Dr. CUP April 18, 2002 Page 3 3. The outdoor storage area shall be screened from view from the public right-of--way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. 4. The storage area shall not interfere with any pedestrian or vehicular movement. 5. The storage area shall not take up required parking spaces or landscaping areas. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. BACKGROUND/HISTORY In 1997, the subject site was platted as part of Eagandale Corporate Center No. 3. Originally, the property was part of Eagandale Corporate Center, which was developed for industrial uses. The property owner has received correspondence from the City regarding the illegal outdoor storage of pallets of topsoil on the site and the storage blocking egress of dock doors. EXISTING CONDITIONS A 200,000 square foot warehouse building, constructed in 1997, is present on the site. There is also a local regional water retention pond located on the eastern portion of the property. Numerous pallets of potting soil are currently stored outdoors on the site. SURROUNDING USES All properties surrounding the subject site are zoned I-1 (Limited Industrial) and guided IND (Limited Industrial). EVALUATION OF REQUEST Proposal -The applicant is requesting a Conditional Use Permit to allow for the outdoor storage of warehouse products on property zoned I-1 (Limited Industrial). The storage would be within drive aisle approaches to the building's loading areas. The derioted storage areas are on both the east and west elevations/sides of the building and are to be screened with a chain link fence with slats six (6) feet in height. Access would be gained to the storage area via a slide gate. Both proposed storage azeas would tota145,500 square feet (or one acre). According to the applicant's narrative, "from time to time Dart Advantage Warehousing will encounter compatibility issues wherein one customer's products cannot reside next to another's. In such instances we need to store certain non-hazardous goods (that do not need climate control) outside." / 98' Planning Report - 935 Aldrin Dr. CUP April 18, 2002 Page 4 Compatibility with Surrounding Area -Outdoor storage as conducted by the occupant of the principal structure is a Conditional Use in the I-1 (Limited Industrial) zoning district. All surrounding properties are zoned and guided for industrial uses, thus the proposed outdoor storage areas would appear to be compatible with the uses of adjacent properties. Site Plan -The site plan indicates that the "west" storage area on the west side of the building would measure 130 feet in width by 250 in depth (or 32,500 square feet). The dimensions of the "east" storage area would be 130 feet in width by 100 feet in depth (or 13,000). The total of both proposed outdoor storage areas would be over one acre (45,500 square feet). The screened or fenced outdoor storage area would be located within the loading area for the building. According to the Zoning Ordinance, a loading azea means "an unobstructed area provided and maintained for the temporary parking of trucks and other motor vehicles for the purpose of loading and unloading goods, wares, materials, and merchandise..." The outdoor storage area would obstruct the loading and drive aisle areas. A six (6) foot tall fence with slats is proposed to screen the merchandise from adjacent properties and public rights-of--way. Staff recommends that the screen be constructed ofpre-finished anodized aluminum panels that would appear to be an extension of the building rather than an appurtenance. Fire Access -According to the site plan, the outdoor storage areas would interfere with fire department access to existing hydrants located along the north property line. This public safety issue must be addressed. The property owner could relocate the fire hydrants, however, this may be cost prohibitive. Landscaping -Existing landscaping on the site includes evergreen and overstory trees. It appears as the though the hard surface azea aze not appropriately screened from the publicright- of-way. It is recommended that as a condition of approval additional evergreen and overstory trees be installed along the east property line to provide screening of the parking lot and loading areas. A landscaping plan should be submitted to the City for review. /99 East outdoor storage area West outdoor storage area Planning Report - 935 Aldrin Dr. CUP April 18, 2002 Page 5 Access -Access to the outdoor storage area is via the existing drive aisle for the loading areas. The existing parking lot is paved with concrete curb and gutter at its perimeter. Outdoor Storage Performance Standards -- In addition to the requirements for a conditional use permit listed above, City Code Section 11.10, Subdivision 29.2, C, lists performance standards for outdoor storage as follows: Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building. Finding: The applicant proposes to install a six (6) foot tall chain link fence with slats around the perimeter of the outdoor storage areas. The fence would be attached to the building. However, staff recommends that the fence be replaced with metal panels in a color compatible with the principal structure. 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. Finding: The proposed storage areas would be located in side yards adjacent to the building. 3. The outdoor storage area shall be screened from view from the public right-of--way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. Finding: The proposed outdoor storage areas are proposed to be screened with a six (6) foot tall chain link fence with slats. However, pre-finished metal panels would provide more durability and a more finished look. Additional landscaping shall be installed along the east property line to provide greater screening of the outdoor storage areas and hard surface. 4. The storage area shall not interfere with any pedestrian or vehiculaz movement. Finding: The storage area will interfere with vehicular movement, as it would occupy drive aisle access to the loading docks and with fire department access to the two hydrants along the north property line. S. The storage area shall not take up required parking spaces or landscaping areas. ao~ Planning Report - 935 Aldrin Dr. CUP April 18, 2002 Page 6 Finding: The storage area will not occupy required pazking spaces, but will occupy over one-half of the loading azeas on the west side and approximately one-fourth on the east side. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. Finding: The existing parking and loading areas aze surfaced with bituminous surface. SUMMARY/CONCLUSION 935 Aldrin, LLC is requesting a Conditional Use Permit to allow for the outdoor storage of warehouse merchandise on property zoned I-1 (Limited Industrial). Screened outdoor storage would be considered an accessory use to the principal use of property zoned I-1. All adjacent properties are zoned and designated IND (Limited Industrial) in the Comprehensive Guide Plan, so the use is considered compatible. Staff is concerned with the size of proposed outdoor storage. The existing building is 200,000 square feet and the proposed outdoor storage areas occupy over one acre (45,500 square feet) of the existing drive/truck maneuvering azea on site. Further, the storage areas would obstruct access to the hydrants, which maybe considered a public safety issue and interfere with the vehicular movement within the loading areas. The proposed enclosure, a chain link fence with slats, will look like an afterthought and does not appear to be compatible with the exterior materials of the principal structure. A determination as to the acceptability of warehouse merchandise outdoor storage on this site is considered a policy decision to be determined by the Advisory Planning Commission and City Council. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow 45,500 square feet of outdoor storage for warehouse merchandise on property located at 935 Aldrin Drive (Lot 2, Block 1, Eagandale Corporate Center No. 3) in the SE'/4 of 11. If approved, the following conditions should apply: The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 60 days of approval. 2. Screened outdoor storage areas shall be limited to 130 feet by 250 feet on the west and 130 feet by 100 feet for a total 45,500 square feet. aoi Planning Report - 935 Aldrin Dr. CUP April 18, 2002 Page 7 3. Outdoor storage shall be limited to warehouse merchandise. 4. The outdoor storage areas shall be enclosed with anodized aluminum panels of a color compatible with the principal structure. 5. Outdoor storage shall not exceed the height of the enclosure. 6. A landscaping plan that provides a mixture of evergreens and overstory trees along the east property line shall be submitted to the City for staff review prior to the release of the Conditional Use Permit for recording. 7. The two hydrants shall be relocated on the property, as approved by the Fire Marshal, to provide unobstructed access for the fire department. aoa~ FINANCIAL OBLIGATION -11-CU-07-03-02, 935 Aldrin, LLC C-U-P Lot 2, Block 1, Eagandale Corporate Center No. 3 There are pay-off balances of special assessments totaling $159,720 on the parcel for which the conditional use permit is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The approval of the conditional use permit is not contingent upon the payment of these Connection/Availability Charges. The chazges become due and payable with connection to the City's Utilities. The chazges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY None TOTAL AMOUNT $0.00 $0.00 a~ Eagan Boundary Strort CentaAine Para.i ~aa Location Map _ Building Footprint ~; r S __ ~~_____ stn L"~~ 1 - ~ € - - ~ : ~ ~. ~ ~ ~~ ~ f _ / ~"`.t ~ ~ f.~, a ~` t,~J YA 1 A I ~-~ it ~' -a Sub ect Site CR.~~_J It f ~\ i L^~ ~ ^-_ ~_: ~k ~ g,~, - ~--~ l t ; 5-7 ~~ ' >t , 2 ~ i z -- ~ ,V - ~ -- ~ ~ .---, ~ --' . I ' J \ ~ `~\' ~~ ~ L ~I t~ I ~ f~^.. ~/•. ~. _ , [~ .YC~~ ~ ~ ~ ~ o r r i z..,.... ~ q ~ Aei: ~~ ca ses X33 7 ~ u.~. ~ ,~ ~--~-..~ ~.- ~' ~ _..~.`'1Yr'.r4_ a ~. L 4/ 5is t ,S ~~' ~-.~ -~ ~„ ~Le try` 4 V . C ~ ~ e ll 1000 0 1000 2000 Feet DevelopmentlDeveloper•. 935 Aldrin, LLC Appiication: Conditional Use P Case No.: 11-CU-07-03- ^ „~ Msp Pngnd using ERSI ww 1.7. Parcel Gss map dab provided try pakota County Land 9urvay D.parirtnnt and is eumnt as of Mann 2002. T' City of Eagan ~ TNIS MAP IS INTENDED FOR REFERENCE USE ONLY R'~ E h! t ~ ": S C - Tbs Clty of Eagan snd Dakota County do not guarantor the accuracy of this ittfortrtation snd aro 5 t;emmunity Oovropmant O~paRer~nt not rasponsibi• for errors or otnlssions. Current Zoning and Comprehensive Guide Plan Land Use Map 935 Aldrin Dr Case No. ~~-CU-O7-03-02 - Zoning Ma - - - r' p --, r-- ~., ~ ~ G ~ i -~ !' . ` Current Zoning: ~~~ ~---, ~ ~ ~ 1-1 d I ri l i i d ~{: I-' "" ust L m te n a } 1 I ~ I ~ _ ~., Comprehensive Guide Plan Land Use Map ~ C_ i ~ ~ ~~ ~'D { ` ` ~ ~ ~ '- ~ ~'~-~' ~, `,, i ' i Current Land Use Designation: ' . IND ~ IND Limited Industrial r---. I ~, n ~ ~ IND i #f r~ BP ~~--- F~ ' ,.,-.~ ~ ' ~ ~ h . ~ ~'~ ' ~~ ~ eo. o ..o raw r... ..~ _ r'-' •/ ~ ~ -ie.l 6.s akefa Ceunly LaM ivv.y DeperlmeR W107/07. N wry tnfannae~.n m.IntaYod b cny aw. 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VVe do not propose changes to either. The area immediate surrounding this property is also guided and zoned limited industrial and is comprised of general storage facilities, some with outdoor storage. In 1997 we constructed a 200,000 square foot warehouse on the site. The building is 100% leased to three tenants: Miller Manufacturing, McKesson General Medical, and Dart Advantage Warehousing (our public storage company). Dart Advantage Wazehousing contracts with its customers for the storage and handling of their goods. From time to time Dart Advantage Warehousing will encounter compatibility issues wherein one customer's products cannot reside next to another's. In such instances we need to store certain non-hazardous goods (that do not need climate control) outside. _ The fenced in area indicated on the survey corresponds to the area that Dart Advantage Warehouse leases within the wazehouse and is for their exclusive use. The outside storage azea would be neatly organized and maintained so as to be compatible with a class A warehouse. It would be secured and screened from view. ao7 April 18, 2002 Ms. Cynthia Kirchoff Project Planner Community Development Department 3830 Pilot Knob Road ~ Eagan, Mn. 55122 ~ • Case: 11-CU-07-03-02 • co 0 D a ~' 0 <' m cQ z v, .l N Dear Ms. Kirchoff and Members of the Planning Commission: Mats, Inc. / JD Leasing LLC. is located across the street from 935 Aldrin Dr. We write this letter in strong opposition to the existing and planned outdoor storage of warehouse products. (It was our impression that outdoor storage was not permitted without a conditional use permit and we wonder why the products are already in place.) We are located in a well planned and attractive area. Outdoor storage detracts from the clean, neat appearance of this part of Eagan. Additionally, trucks are already staging in the street for their unload rather than in the dock parking area. Whatever portion of the lot that is used for outdoor storage will reduce the area that trucks can unload or wait to unload. Those trucks will end up out in the street as a traffic hazard and block proper access to our facility. We thank you for the opportunity to be heard. We ask that you deny this request for a conditional use permit. Thank you. Yours truly, Donald Kloster Vice President Mats, Inc. JD Leasing, LLC. ~~~on~i~ APR 2 2 2002 ~,. ao8" Agenda Information Memo 1~1ay 7, 2002, Eagan City Council D. INTERIM USE PERMIT - PAHL'S MARKET ACTION TO BE CONSIDERED: To approve an Interim Use Permit to erect two temporary greenhouses for the growth and sale of plants on property located at the southwest comer of the intersection of Cliff Road and Dodd Road in the NW '/4 of Section 36, subject to the conditions listed in the APC minutes. FACTS: • Pahl's Market is requesting issuance of an interim use permit that would allow two temporary greenhouses on this property. • The greenhouses are proposed to be constructed in March and dismantled at the end of June each year. Plants would be grown within the greenhouses, and later sold on the property. Staff is recommending that the interim use permit terminate June 30, 2004. • The property would be allowed to utilize the existing access to Cliff Road during 2002, but in 2003, the Cliff Road access would be closed and only the Dodd Road access would be utilized. • The Advisory Planning Commission held a public hearing on April 23, 2002, and recommended approval of the Interim Use Permit. ATTACHMENTS (2): April 23, 2002, APC Minutes, pages ~ through ~. Staff Report, pages through ao9 CITY OF EAGAN Advisory Planning Commission Apri123, 2002 Page 9 D'~tAF7 D. INTERIM USE PERMIT - PAHL'S MARKET, INC. An Interim Use Permit to erect two temporary greenhouses for the growth and sale of plants on property located on the southwest corner of Dodd Road and Cliff Road in the NW '/4 of Section 36. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated April 1 S, 2002. She noted the background and history. Applicant Gary Pahl requested that the access restrictions as noted in the Staff Report be waived until Dodd Road is reconstructed. Chair Huusko opened the public hearing. Jason Griggs, neighboring property owner, expressed his opposition to the proposal. He stated the property has been partially cleared and .explained his concern with the effects on his home daycare business. He stated he would also like the Cliff Road access to remain open. Stuart Weierke, neighboring property owner, stated the business of Gary Pahl is convenient for the neighborhood and would like to see approval of the interim use permit. He stated he would also like to see the Cliff Road access remain open during Dodd Road construction. There being no further public continent, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Chair Huusko stated he finds the business convenient as well. Member Bendt asked what products would be handled and questioned the need and uses for water. Mr. Pahl discussed his merchandise. He stated he has the capability of hauling water to the site. He stated he would like to apply for a meter to tap off of the nearby fire hydrant. He stated electricity would not be needed. He mentioned that the site was graded in preparation of approval .of the interim use permit, in preparation of his current business and for the general clean up of the property. Member Steininger moved, Member Bendt seconded a motion to approve the Interim Use Permit to erect two temporary greenhouses for the growth and sale of plants on property located on the southwest corner of Dodd Road and Cliff Road in the NW '/4 of Section 36, subject to the following conditions as amended: aid CITY OF EAGAN Advisory Planning Commission April 23, 2002 Page 10 ~izaFr 1. The Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City, and proof of recording shall be submitted to the City. 2. The permit shall terminate on June 30, 2004. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit maybe revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. The use shall comply with the standards for Temporary Outdoor Events and Seasonal Outdoor Sales as provided in the City Code. 5. The greenhouses shall be allowed on the property from March 1 through June 30 each year. The greenhouses, fence, and other related items must be removed from the property by June 30 each year. 6. A building permit must be obtained from the City prior to erecting the greenhouse each year. 7. The proposed greenhouse structures shall maintain the required setback from the new roadway easement of Dodd Road, as well as from the roadway easement of Cliff Road. 8. The proposed parking areas shall be surfaced with a gravel aggregate material of type and thickness acceptable to City Engineering staff. 9. The applicant shall remove the driveway access to Cliff Road prior to-issee operation in calendar year 2003. 9. All signage is subject to compliance with the City's Sign Code. 10. The site shall be kept in a neat and orderly manner and the display of items shall not cover more than five percent of the total lot so as not to interfere with pedestrian safety, vehicular movement, and emergency access and existing business activities. All voted in favor. air PLANNING REPORT CITY OF EAGAN REPORT DATE: April 18, 2002 APPLICANT: Gary Pahl PROPERTY OWNER: Philip Larson REQUEST: Interim Use Permit CASE: 36-IN-01-03-02 HEARING DATE: April 23, 2002 APPLICATION DATE: April 3, 2002 PREPARED BY: Pamela Dudziak LOCATION: SW Corner of Dodd and Cliff Roads COI`1PREHENSIVE PLAN: LD, Low Density ZONING: A, Agricultural SUMMARY OF REQUEST Gary Pahl is requesting approval of an Interim Use Permit to erect two temporary greenhouses for the growth and sale of plants on property located at the southwest corner of the intersection of Cliff Road and Dodd Road in the NW '/< of Section 36. AUTHORITY FOR REVIE`V City Code Chapter 11, Section 11.22 states: The Council may issue interim use permits for an interim use of property if: A. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the zoning regulations herein; and B. The date or event that will terminate the use can be identified with certainty; and C. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and D. The user agrees to any conditions that the Council deems appropriate for permission of the use; and E. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. air Planning Report - Pahl's Market Apri] 23, 2002 City Code Chapter 11, Section 11.40, 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: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. 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. D. 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. E. 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. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of mayor 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 property was zoned A, Agricultural, on the 1959 zoning map and has never been rezoned. Pahl's Market has operated a vegetable stand during the summer months on this site for several years. In 1996, the owner petitioned the City to change the land use designation on this property from D-I (Single-family Residential) to NB (Neighborhood Business.) The City denied that ais Planning Report - Pahl's Market Apri123, 2002 Paee 3 request. With the adoption in 2001 of the new Comprehensive Guide Plan, the land use designation of LD, Low Density (residential 0-4 units per acre) was applied to this property. EXISTING CONDITIONS The 2.42-acre property is unplatted and contains aten-foot by 20-foot stand that is used for vegetable sales. The site has driveways connecting to both Dodd Road and Cliff Road. The land is flat and open with a few trees along the southeast edge of the property. The adjacent lots to the south contain a single family home and a Dakota Electric substation. The substation does not have frontage on a public street and access to the substation is provided through an easement on the subject property. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zonin Guide Plan North Sin le-famil R-l, Sin le-Famil Residential LD, Low Densit South Single-family; Substation A, Agricultural LD, Low Density East Weierke Trenching and excavatin A, Agricultural LD, Low Density West Lebanon Hills Park P, Park P, Park EVALUATION OF REQUEST Compatibility with Surrounding Area -Aside from Lebanon Hills Regional Park to the west, and Weierke Trenching and Excavating to the east, surrounding properties are single-family residential uses. Except for the park, all of the surrounding property, as well as the subject site, is designated for low-density residential use and is zoned either Agricultural or R-1. However, changes are imminent in the area: the recent Manley Addition and Nature's Edge subdivisions further south on Dodd Road, the upgrade of Dodd Road, and the reconstruction of the Dodd Road and Cliff Road intersection, which is scheduled for later this year. Site Plan -The applicant is proposing to erect two, 21-foot by 60-foot temporary greenhouses on this site for the purpose of growing and selling plants. The two buildings are proposed to be placed parallel to Cliff Road, in the central part of the site. A temporary three-foot high corral fence is to be placed to the east and south outside the buildings to define the sales area. Designated parking areas are proposed along the south side of the proposed greenhouse buildings, as well as along the west side of the property. any Planning Report - Pahl's Market Apri123, 2002 Paee 4 There is no electricity on site. The applicant proposes to utilize a 5000 watt generator if electricity is needed. Because the property is undeveloped, there are no municipal service connections to the property. The applicant proposes to keep one or two portable toilets in the southeast corner of the site during the sales season. Proposal -The applicant has indicated he intends to conduct spring plant sales for the sale of bedding plants, hanging baskets, perennials, nursery stock and other annuals. The plan is to "erect the greenhouses in early spring and grow and sell out of the location until vegetable season arrives." The applicant plans to erect the greenhouses by March 1 and begin planting and growing plants on the site, and then open for sales in mid-April through the end of June each year. The applicant indicates that the addition of plant sales at this site will extend the sales season by two months. Since this is a seasonal use, the greenhouses should be removed from the property for the summer, fall and winter months. A building permit must be obtained prior to erecting the greenhouse each year. Term -Staff suggests athree-year term for this interim use permit. The applicant may apply to renew the permit at that time, however, it would be appropriate to limit the term so that the use can be reevaluated as development increases in this area. Performance Standards -Because the proposal greenhouses would be up for more than 90 days, the proposal doesn't strictly meet the definition of a seasonal outdoor sale. However, the nature of the activity is consistent with the intent of the seasonal outdoor sales ordinance. Therefore, we have included an evaluation of the proposal relative to the specific performance standards in the City Code pertaining to seasonal outdoor sales. Section 11.10 Subd. 29, C.2. states that in addition to the standards for Conditional Use Permits, seasonal outdoor sales shall conform to the following standards: (a) The seasonal outdoor sale shall meet the minimum requirements for temporary outdoor events set forth in the Chapter. (b) The sale area shall be within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the City. Proposal: The product will be enclosed within the greenhouses during times when sales are not occurring. Display of products for sale outside of the greenhouses should be contained within the area defined by the corral fence on the east and south sides of the greenhouses. (c) The sale area shall not encroach into any required front building setback area or other required setbacks. Proposal: The sales area does not encroach into any required setback area. (d) The sale area shall be screened from view from adjacent residential uses and residential zoned property. ass Planning Report - Pahl's Market Apri123, 2002 Pale 5 Proposal: The sale area appears to be screened from adjacent residential uses to the south, and will be open to residential uses to the north across Cliff Road. (e) The sale area shall not take up required parking spaces or landscaping areas of the principal use. Proposal: The property is vacant, so the sales area does not interfere with the parking or landscape areas of the principal use. (f) The sale area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. Proposal: Because the property is vacant and the proposed use is temporary, a Class 5 surface would be considered acceptable for the term of this permit. Upon consideration of permit renewal, the City may reconsider the surfacing requirements at that time. Setbacks - A minimum structure setback of 40 feet is required from the Dodd Road right-of--way, and a minimum setback of 50 feet is required from Cliff Road right-of--way. Parking -The parking areas must be properly surfaced. Typically, driveways and parking areas are required to be surfaced with bituminous and have a concrete curb and gutter, however, the proposed use is not considered a permanent use. Consequently, staff suggests a gravel aggregate material be installed for the designated parking areas. The aggregate surface must be of a type and thickness acceptable to City Engineering staff. Landscaping - No new permanent landscaping is proposed. The applicant's narrative indicates that the vegetation will be mowed and a weed mat placed around the greenhouses, and that potted plants will be placed around entrances and buildings. Grading -Minimal grading will be necessary. However, grading of the proposed parking areas may be necessary, as well as possible grading of the areas to be occupied by the buildings. Utilities -Water main and sanitary sewer were previously constructed and are available to serve development on this site. Stormwater runoff from the site ultimately drains to Thomas Lake. There is currently no storm sewer in the near vicinity available for connection by development on this parcel. Wetlands -There are no jurisdictional wetlands on the property. Streets/Access -Current public street access is from Cliff Road (Dakota County Road 32) on the north and from Dodd Road to the east. Dodd Road to the east is scheduled for re-alignment this spring and summer under City Project No. 751. This realignment will move Dodd Road further west to provide a more perpendicular intersection with Cliff Road. The property owner has a~b Planning Report - Pahl's Market Apri123, 2002 Page 6 agreed to granting the necessary roadway easement for the realignment. The construction of the proposed greenhouse structures should maintain the required setback (30 feet) from the new roadway easement of Dodd Road. The Dakota County Transportation Department has been provided a site plan of this development for their review of County road access to this proposed intensified use of the property. Dakota County is recommending that the access onto Cliff Road be eliminated because of the intensification of the use and the availability of public street access to Dodd Road. Therefore, the applicant should remove the driveway access to Cliff Road prior to issuance of the first building permit for the greenhouses. The proposed parking areas should be surfaced with a gravel aggregate material of type and thickness acceptable to City Engineering staff. Si a e - No new signage was proposed with this application. Any signage will subject to the provisions in the City's Sign Code. SUMMARY/CONCLUSION Gary Pahl is requesting approval of an Interim Use Permit to erect two temporary greenhouses for the growth and sale of plants on property located at the southwest corner of the intersection of Cliff Road and Dodd Road the NW '/4 of Section 36. Except for the park to the west, all of the surrounding property, as well as the subject site, is designated for low-density residential use and is zoned either Agricultural or R-l. However, this area is changing with new urban subdivisions underway and reconstruction of Dodd Road south of Cliff Road scheduled for later this year. The acceptability of this use is a policy matter to be determined by City officials. If approved, staff is suggesting athree-year term for this interim use. The applicant may apply to renew the permit at that time, but it would be appropriate to reconsider the permit in light of the new development that is occurring in the area. Because of the temporary nature of this proposal, it may not be appropriate to require some of the typical performance standards, such as bituminous surfacing of parking lots and drive aisle areas. ACTION TO BE CONSIDERED To recommend approval of an Interim Use Permit to erect two temporary greenhouses for the growth and sale of plants on property located at the southwest corner of the intersection of Cliff Road and Dodd Road in the NW '/4 of Section 36. If approved, the following conditions should apply: 1. The Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City, and proof of recording shall be submitted to the City. a~~ Planning Report - Pahl's Market Apri123, 2002 Page 7 2. The permit shall terminate on June 30, 2004. 3. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit maybe revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. The use shall comply with the standards for Temporary Outdoor Events and Seasonal Outdoor Sales as provided in the City Code. 5. The greenhouses shall be allowed on the property from March 1 through June 30 each year. The greenhouses, fence, and other related items must be removed from the property by June 30 each year. 6. A building permit must be obtained from the City prior to erecting the greenhouse each year. 7. The proposed greenhouse structures shall maintain the required setback from the new roadway easement of Dodd Road, as well as from the roadway easement of Cliff Road. 8. The proposed parking areas shall be surfaced with a gravel aggregate material of type and thickness acceptable to City Engineering staff. 9. The applicant shall remove the driveway access to Cliff Road prior to issuance of the first building permit for the greenhouses. 10. All signage is subject to compliance with the City's Sign Code. 11. The site shall be kept in a neat and orderly manner and the display of items shall not cover more than five percent of the total lot so as not to interfere with pedestrian safety, vehicular movement, and emergency access and existing business activities. a~e- _ ~ R ~~ v ~ ~ t \ ~ cA 6i _ r . 4- iD _ ' • ~ a ~ ,.: D C^>.. C ' ~ - Gil ..~ ~' 4 • - O ~~J v-~.aan = -9" - - - C1 _ ~ o c `y `~ ~ C ^, Z e \ ~ ~ p A ~ w ~ r. - ~ ao ~~ ~ ~-.. `~ r -. :~g3~r77 ~ .aL d > ' Gamm F a ;ti ~.' :~ o a ~ ~ ~ ~ ~ ~ 4 P '" a rJ f7 9 i 9 7 ~ ~ ~ ® ~ ~ C ~ ^•• r v Fa ~ r ~ ~~ .p ~ . r 3 .^, z P ` 4 r. ie ~ . 0 ~ G U ~$' ~~ 8~ ~ © ~ ~ J^ a ~ r ~ v ~ • ~ s7 C.7 • ~ ° ~ ' ~ ~ ti ~ At ; end" 4 ^ ~ ~ H' /~- 9 b o ' ~ 5 A I ~ a r .. l ~ ` •r +.r. w ~ .u r. ~ ~ ~ ~. ~,i ~ 4 ~ ~ 4 ~O 3 ~+ ~ ~ ~ ~ M J "~ 'r r ~ p 4 ,..; ~ ~ n YG 4 ti ~ Sa ~ ' ~ o R r .- e ~ `~# :rre ~ v v f ~' 3 d Sub'ect Site @~ ~ ~ ~ ~ ~~ ~ ~ . ~ ~ ' __ ~ _ ° rte" ~' V4 ~ ^ ~ ~ ~ w r ~l~.Cs ~ . r ~J f , k r ~ ~ r `y r c svr e V ~; ~ ' • _ y ~~ ~ ZZ ~ p ~ ~ y L _ -" / • ~ ~ f C t '~ C W ti~ LL y •~ ® ~ t L a p t r ~ ~ L 'i a t 4 L ~ r+ R J = , 1000 0 1000 2000 Fe et Development/Developer: Paul's Market, Inc. Application: Interim Use Per Case No.: 36-IN-02-03-02 ~/~ Map Prepand using ERSI AreView ].t. Parch Was map daL provioed by DaNota County laM Survey Departrnem and is eurtent as of March 2002. City of Eagan '/ THIS MAP iS INTENDED FOR REFERENCE USE ONLY t< E A! ; N .; ~ ,; p ~ q Th• City of Eagan and Dakota County do not ouarantN tho raeeuney of this ittformation and ara 5 Commurrty Developm.ne D.paRrrane not nsponaibla fo- ar-ora or omisalona. Current Zoning and Comprehensive Guide Plan Pahl's Market Land Use Map Case No. 36-IN-01-03-02 Zoning Map ~~~. I` a n n~1 lII~ r ~ . -0 ~1 . Location C t Z i 1 on ng: urren 1 0b ., a ~ A Agricultural J ~ a ~+~V F . Al r A ~' .1 • ,' ~ • ® • 000 0 000 ~:oo r..~ ^ ~ T~~ ~ ..~~0 Comprehensive Guide Plan '~"" Land Use Map ~ u ¢ ~ { Location Current Land Use Designation: ' LD Low Density (residential) ~ 1D • LL:~L/ • „ .o. o .oa ,x.o r..i r' ~ ~ n Pue01 bau agon proH4A by GakoL County Land fungi DOyartmont O~I01/01. ~ Zonlny Infomutlon inalnfalnod by Clty ilaM. Cit of Ea an r- ~ µ'~E y g THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department The Clty o~ Eagan and Dakota County do not quarantoo the aeeursey of thls {nformation. S Z$L ~" --rt ~~L (/ - .~.~ ~ 'y ` /~ \ X ,~~% ~ ~ ~ ~ i y+l X Q .~ i~ ~ I ,~ i ~~".~\ Z 111 ~ N ~ i j ~~ 1^Xi j~l ;;~~ a1 ~ ~ M mI ~+ i 1I 1 i • i ~~ ~ i ~~ I 1 1 II i i ! i ~~ 1 'i. 1I 'i .i` 1 t 11 _o-, w• o, ~ ;~ X \/ 1 ~ p J 7 i _ `rte ~\' ,~ ( \~ ? 11 ~/y~ ,, 1 ~ ~ a i .. Sol ~ ~x,sT,rJG-~ DQ,~E V->Pr`-~ ~' G i ;i IL Q d z z ~ i ~ E 4 syen'~b 1 ~ W ~ lU ~+ g C i w d 1~ y ~ ~~ ~ • W~ J ay i ~ d vFi d~ a ~ 2 do 1 Z~ ~' ~ n ~ ~ W~ I /~ ~ 1 Z 2_ ~~ ~ p ~a ~~ ~ ~ ~ x ~ J- ~ ~j ~ t' ?~ i1 t /~ l i ~~ ~j / ~~ / ~ ~"i RS~~ J / ~ `~~Ti C ~ i'" ~ ~ ~ , /~ ~ / ,~~ /~ ~~ / - l/ ,. ,~~. __ Ch~ 2 ?S~ ~S ~~ ~v~n I - - ------ i it ; IL i J cJ' is ~ M i 1 EAGAN GREENHOUSE Comprehensive Guide Plan: Parcel is currently zoned agricultural. A farm market is currently being operated on the parcel during the summer months, with the addition of the greenhouse the season would be extended two months. Zoning classification: Currently agricultural, no change in zoning is necessary. Timing: At this phase Pahl's Market is looking at constructing two temporary greenhouses for the sale of bedding plants, hanging baskets, perennials, nursery stock and other annuals. Our plans are to erect the two 21' x 60' greenhouses in early spring and grow and sell out of the location until vegetable season amves. Existing land: Parcel has been vacant and is currently zoned agricultural. Pahl's Market has been currently selling vegetables there since 1992. Surrounding area: Within 660' there is a county park located on the west side, an electrical sub- . station located 100' southwest of pazcel, residential to the south across Cliff road and one house south east of the pazcel. Building Plans: Portable greenhouse with poly sides and roof, exact same greenhouse that is erected in Cub Foods, Target, Linders (located in the Rainbows pazking lot). Grading: Nothing needed, will be constructed on a gravel existing lot, two acres of parking available. aa~ Eagan Location Interim Use Permit Site Layout Proposed building structures are 2-21 X 60 foot temporary greenhouses from Garden- Mart used in parking lots such as Cub Foods and Target. Parking- 20 spaces allotted with the option of adding 20 additional Signage- use existing signage that is there . _. . Fence-Temporary coral fence with cedar wood and temporary cement decorative posts Garbage- dumpster location behind greenhouse No electrical or air-conditioning is applicable Summary 2.42 acres with two accesses, one off Cliff Road and one off of Dodd Road. 2 temporary greenhouses located behind the existing farm market. There is no electricity, water and sewer on site and does not apply. Exterior Lighting Plan Does not apply, no electricity is on site; if we want electricity we will provide a small 5000 watt generator. General Utility and Street Plan There is no streets or existing utilities. No new utilities will be provided or needed. Landscape Plan All weeds will be mowed and weed mat will be placed around the greenhouses. Potted flowers will be placed around entrances and buildings. aa3 ~- , Agenda Information Memo May 7, 2002 Eagan City Council E. COMPREHENSIVE GUIDE PLAN AMENDMENT - DIEDRICH BUILDERS, INC. ACTION TO BE CONSIDERED: To direct that a Comprehensive Guide Plan Amendment to establish an MD, Medium Density land use guide plan designation upon 5.21 acres of land located north of Diffley Road and west of Hwy. 77 in the SW '/4 of Section 19, be submitted to the Metropolitan Council for review and approval. FACTS: • The applicant is requesting a change in the land use designation from RC, Retail Commercial, to MD, Medium Density residential on a 5.21-acre site. • The applicant has submitted a conceptual site plan for 38 townhome units. • The City considered an application by Frauenshuh Companies in 2000 for ahigh-density residential land use designation for this site. No action was taken by the City at that time, and Frauenshuh has since withdrawn that request. • The adjacent property to the north is townhomes, to the south is Metcalf Junior High, and to the west is a Super America. • The proposed medium density land use designation is the same designation that applies to the existing adjacent townhome development. • The APC held a public hearing on the proposed Comprehensive Guide Plan Amendment on April 23, 2002, and recommended approval of the land use amendment. ATTACHMENTS (2): Apri123, 2002, APC Minutes, page r- Staff Report, pages through aas~ CITY OF EAGAN Advisory Planning Commission Apri123, 2002 Page 11 DRAFT E. COMPREHENSIVE GUIDE PLAN AMENDMENT - DIEDRICH BUILDERS, INC. A Comprehensive Guide Plan Amendment to amend the land use designation of approximately five acres from RC -Retail Commercial to MD -Medium Density Residential (4-12 units/acres) for property located on the north side of Diffley Road across from Metcalf Jr. High School in the SW '/4 of Section 19. Chair Huusko excused himself from this item and passed the gavel to Vice Chair Segal. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated April 18, 2002. She noted the background and history. Applicant, Bill Diedrich, Diedrich Builders, Inc., discussed the style of the development. He stated he has met with the neighbors and the association who are in favor of townhomes verses apartments and/or commercial. Vice Chair Segal opened the public hearing. There being no public comment, Vice Chair Segal closed the public hearing and turned the discussion back to the Commission. Member Gladhill stated the homes are a more reasonable choice for this area than retail uses. He expressed concerns with the airport noise. Member Stackhouse moved, Member Bendt seconded a motion to approve the Comprehensive Guide Plan Amendment to amend the land use designation of approximately five acres from RC -Retail Commercial to MD -Medium Density Residential (4-12 units/acres) for property located on the north side of Diffley Road across from Metcalf Jr. High School in the SW '/4 of Section 19. All voted in favor. a~ REPORT CITY OF EAGAN REPORT DATE: April 18, 2002 CASE: 19-CG-04-03-02 APPLICANT: Diedrich Builders HEARING DATE: April 23, 2002 PROPERTY OWNER: Frauenshuh Companies PREPARED BY: Pamela Dudziak REQUEST: Comprehensive Guide Plan Amendment LOCATION: Northwest corner of Diffley Road and Hwy. 77 (Cedar Avenue) COhIPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST Diedrich Builders is requesting a Comprehensive Guide Plan Amendment to change the land use designation of a 5.21-acre site located north of Diffley Road across from Metcalf Junior High from RC, Retail Commercial, to MD, Medium Density residential (4-12 units per acre). AUTHORITY FOR REVIEW The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and maybe amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. BACKGROUND/HISTORY The site consists of two parcels located between Hwy. 77 (Cedar Avenue) and Old Sibley Highway north of Diffley Road. The larger of the two parcels extends across Old Sibley Highway to the west to encompass the area between Super America and Old Sibley Highway. aa6 Planning Report -Diedrich Builders Apri123, 2002 Page 2 The City considered an application by Frauenshuh Companies in 2000 for a high density residential land use designation for this site. No action was taken on that request, and Frauenshuh has withdrawn that application to pursue this request for a Medium Density land use designation. EXISTING CONDITIONS The site was previously graded and is open and relatively flat. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Condominium Townhomes; zoned PD, Planned Development; guided CPD, Commercial Planned Development South - Metcalf Junior High; zoned P, Public Facilities; guided PF, Public Facilities East - Cedar Ave. (H~vy. 77) West - Super America; zoned RB, Roadside Business; guided RB, Roadside Business EVALUATION OF REQUEST Compatibility with Surrounding Area -The current Comprehensive Guide Plan designates this property as RC, Retail Commercial. This site has been designated for commercial use as far back as 1974, including the area to the north that has since developed as townhomes. These townhomes were constructed during the latter half of the 1990s. The PD zoning of this property appears to have been adopted in 1990 to allow for amixed-use development. However, this site remained designated for commercial uses in the 1990 PD. The applicant is now proposing to change the land use designation of this site to MD, Medium Density residential of 4-12 units per acre, to allow for the construction of townhomes. In the 2000 application, Frauenshuh indicated that they had been unable to "market, development and sell said site for commerciaUretail uses" since 1995. In the 2000 proposal for a land use change, concerns were raised about the density and incompatibility with the existing townhomes to the north. The proposed medium density land use designation is the same designation that applies to the existing adjacent townhome development. Airport Noise Considerations -The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter of its Metropolitan Development Plan that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in Eagan place the subject property within Noise Zone 4. Within this area, multiple residential development would be provisional, meaning that it must comply with certain structural performance standards to be acceptable according to MS 473.192. In particular, the building plans, materials and construction should be a~~ Planning Report -Diedrich Builders April 23, 2002 Page 3 such that they will insure an interior sound level of 45 dBA as compared with a noise level of 65 DNL. Topography -The site is open and has been previously graded. Utilities -Water main of sufficient size is available within Old Sibley Memorial Highway and along the east edge of Old Sibley Memorial Highway for connection by development of this site. Sanitary sewer is available within Old Sibley Memorial Highway and to the north from a pipe stub provided with the Eagan Heights Townhomes development: Storm Drainage -Storm water runoff from development of this site will drain north via public storm sewer to a storm water basin within the Eagan Heights Townhomes development. Streets/Access -Public street access is available from Old Sibley Memorial Highway (City street to the west). Dakota County will not allow direct driveway access onto Diffley Road (County Road 30) for this property due to its close proximity to the Highway 77 off-ramp and Diffley Road intersection. Permits/Ri~ht-of-W ~ -With the platting of this property, Dakota County will require the dedication of an additional 15 feet ofright-of--way (for a total of 75 feet of half right-of--way) along the entire length of this site along Diffley Road. At time of subdivision, the developer will be responsible for obtaining all regulatory agency permits required by the affected agencies, including Dakota County. Site Plan -The applicant submitted a conceptual site plan for 38 townhome units. The overall density of the concept plan would be 7.29 units per acre, which is comparable to the 7.26 units per acre of the adjacent townhomes. However, the dedication of additional right-of--way will reduce the site area, which would result in a slightly higher density of about 7.6 units per acre based on the 38-unit concept plan. If the proposed land use amendment is approved, a rezoning application to amend the Planned Development would be required, along with platting of the property. The PD amendment will require complete development plans and specific site and building design, setbacks, landscaping, green space and other performance standards will be evaluated in detail at that time. Wetlands/Water Quality -There do not appear to be any jurisdictional wetlands on the site, however, this should be verified prior to any development of the site. Tree Preservation -There is little significant vegetation on the subject site, and compliance with the City's Tree Preservation Ordinance will be determined at the time a specific development proposal is submitted. aa~ Planning Report -Diedrich Builders Apri123, 2002 Page 4 Parks and Recreation -This site will be subject to park and trail dedications. It is likely that such dedications will take the form of cash, however, construction of trails maybe necessary with such a development. Also, the City's zoning code requires a minimum amount of on-site recreational space to be provided in multiple dwelling developments. The specifics of trail needs and on-site recreation space will be further evaluated and determined during review of a specific development if the proposed change in land use is approved. SUMMARY/CONCLUSION This site has been designated for commercial use as far back as 1974, however, the owner has previously indicated they have had difficulty selling the property for commercial use. Diedrich Builders has submitted a request for a Comprehensive Guide Plan Amendment to change the land use designation of a 5.21-acre site located north of Diffley Road across from Metcalf Junior High from RC, Retail Commercial, to MD, Medium Density residential of 4-12 units per acre. Most of the development issues identified in this report such as platting, additional right-of--way dedication, and restricted access to Diffley Road, apply to any development of the property, whether commercial or residential. Therefore, consideration should be given specifically to those issues related to the proposed residential use, such as compatibility with the surrounding development and airport noise impacts. ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation of a 5.21-acre site located north of Diffley Road across from Metcalf Junior High from RC, Retail Commercial, to MD, Medium Density of 4-12 units per acre. 2a9 ~~~ ~~=' 7 ~~.~ Site Eagan Boundary Location Map ~ St.aet Centerline Pareel Area Building Footprint \~~~/ U / I .s \ s (. ~ _ . ~ ~ ~ ,. i ~,t _ ~ ~ _ ; _ _ i .~ '"~ ~~ ~ J ~-~ :J ~' -, i ~~ ~ ~ ~ `y 4;' ~ ~ a > > r ~ ~~~ + 7 ti _ y o` r "~ ay 9 i ~ '3 ~ J : r{;7f ~~ o ~ ,• ~ 7 .+r .~ _ ~~ ; - ? ~ ~~, h~ __ r ;~ v .--~ ~1 { J , t O Y e~ 2 Y Ff I• ~ ~ ~ ~ ~ i ' I ~1 ..f v ,,.-~ tOOO 0 IOOO 2000 FeEt Development/Developer•.. Diedrich Builders, Inc. Application: Comprehensive Gui mendment Case No.: 19-CG-0403-02 /~~O Map Pnpand usirp E p/ areal base map data provided by Dakota County tend Survey Department and is eumnt as of March 2002. ~ W~E City of Eagan THIS MAP 13 INTENDED FOR REFERENCE USE ONLY :N i N .. E 5 C a The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Csmmunny D.relop~nent D.parerrent not responsible for anon or omissions. Current Zoning and Comprehensive Guide Plan Diedrich Builders, IncF Land Use Map Case No. 19-CG-04-03-02 Zoning Map ~ I^ d~ I., .. .., o ~....,.... ~ 1•t I., , Current Zoning: P D 3Mgh Fpm Location = Planned Development M~F .D Ds ~F i s ~- ' RO L e rf ~ Ft R-] ~ }1 I~Y~`~ 000 0 f00 1200 F..t ~ ~ ~ r~~ ~ Comprehensive Guide Plan '~ V" Land Use Map { {. 0111c~ Ou.{nu~ {A IND M d U i C t L D ti urren an gna se es on: RC fMil. F-n ,N Location Retail Commercial F .~ R RO ~ CO /\~ Y Y L T ~ /~ {00 0 f00 1200 /..l / FAT 1 l~L1J.J~/^ TO I 7./ /lit/ /lt /' / h 'g a x~ A + ~ i i 1 ~• /^ U J ~ I •i ; ~ s a ti ~,r? ~' ~I i; y ' y i}I' „~ 3 E.. wo ~~ ~ 6 `~ ~» ~~. Z ~ r ~~, ,<< d o ; T O ' ~ ~' i ~~ y tl~ i~sg ~Iy 7g ~ I ~ ~I z p !y 1 „~ Fl f s I ~' ~ ,I ~ z p is ~~ ~d a ~ Q w `~ ,y E i . ` i ~ i ~ / `,, J ~ 1 i~/ ` ~ / 1 - ~ , ~ ~ ~. ~~ i id `~; ~ _ _ _ ~~ ~ ~~ ~ J ' ~ y~ ~ ~~ 3 a ~,~_J .. ~r~. yra> > 1 O O oL w' ~I :L ti . A J CONCEPT PLAN L~ \\. ~~ r ~` 9~i ~~ ~ ~ r . ~ ' ~r r~ _\ -.~ $_ -. y~~l ~ --~3 - -- r:r -, - - ~: AJ l C~S O z 0 Z ~S . \ ~ } i ~~ i ~ i ~ J/ ~~D~ ~. - + ~ ~~ ~' a~ -. • . ``~ ~ i ~ ~/ I ~ ~ / ~ 1 ~ / 1, ~ ~ / r ,~ ~ O / / ~ ~: ~ .i r ~•, ~ ; ~ r - r t ~'l • ,f ., , . ~ ~ J ~~ i! I ~ ~~`1 1 ' r\,I I, ~' 1r,` ~I ~~ ~ •.r r ,J 1 I i i !I ~ Y ~ ~ r •~ y r ~ 1 `1 -; i 1 _~ r ~ / r I ~ I r I . r I ' 1 • ~ r r r ~ _ ~r i; i~ ti' , r, 1 ~+ \I I ~ . V r~ `. 1 ~ I ~J . r ~.~. 1 ~ ~ rl ~ ~. ~ r fit. '11 y~ .t,. r I Ir '~, 1 r ,~_ I r _9 1 a ~ :' r 1 1 },tt _ ,, r l ~.I a r. I rl {T r 1 I • r i 5~ ~: u' ~~ I` 1 1 -'? t J / 1 _. ~ r • ~ 1 ~ ~ :, ,~ ' ;~ r ''I -.i : :I I r -~+~ r~. i ' . ; 1;:' , >`r . - ~ ~ ~. ;,. ...~- :; M 0 ~+ ~.; >~ J ll- w Q 0 0 r L , __ ~ t r , , ~ .~ •• ~Mi ,i ^H j.. I r r 1 0 _ ~~ r 1 ~ r ~ r - V r" ~' - ~ ~1 '9.. ~' r i ` . _ r I ' ~ `t ~ I 1 •1 r r 'r ~ .. r 1 I ~ 1 r .LM.. - ~ O o y ~ I 1..... -J // . ~ r ir° ~ •~~ •wow 41 ~~MK OvOa ~S/'~ 1 ` •riw-- - ` f. pl a..~ \ .•~~~• ~a1rIC Ol0 ~ . O ~ , ~j J- L • ~~ ~~~ ~ ' % NI-~ ~ I f. , y i ~ ; ~ n • rt £~ ~ CONCEPT PLAN '` ~~ - I May ny'~ .. ~_ 4 ,~ ~I I I I ~~ SNc .=•~~ss - ~~ ~ - rr Agenda Information Memo May 7, 2002, Eagan City Council Meeting F. ZONING ORDINANCE AMENDMENT CONCERNING ACCESSORY STRUCTURES (CITY OF EAGAN) ACTION TO BE CONSIDERED: To approve a Zoning Ordinance Amendment amending Chapter 11 entitled "Land Use Regulations (Zoning)" Sec. 111.10, Subd. 5 Accessory Building and Structures concerning maximum square footage, height, and roof pitch and style of detached accessory structures as shown on Attachment 1 in the staff memorandum. FACTS: • On March 19, 2002, the City Council adopted an interim ordinance that prohibited the issuance of building permits for residential detached accessory structures for 90 days. The ordinance took effect on March 28, 2002, and is set to expire on June 30, 2002. The purpose of the moratorium is to allow for the preparation and adoption of a Zoning Ordinance Amendment concerning specific maximum standards for detached accessory buildings and structures. • On July 5, 2000, the City Council adopted an ordinance amendment addressing accessory building requirements. The amendment established standards for exterior materials, maintenance, setbacks, maximum size, maximum height, and standards for a Conditional Use Permit. • The proposed Zoning Ordinance Amendment (Attachment 1 in the Planning staff memorandum -Note: All new language is in bold and all outdated information has been struck through.) would limit the area of a detached garage to 576 square feet (essentially a 24 foot by 24 foot detached garage) when an attached garage is present on the property, limit the side walls to 10 feet in height, and require the roof pitch and style to match the principal structure. • In addition, when an attached Qarage is not present on the property, a detached garage would be limited to 800 square feet. • On Apri123, 2002, the APC held a public hearing on this item and recommended approval by a vote of 4 to 3. • The APC recommended approval without the Conditional Use Permit provision, thus exceeding the maximum size would require a Variance. ISSUES: • The Commissioners that did not support the changes felt that either the maximum square footage was too restrictive or that the City was micromanaging the individual property owners' use of private property. • At the public hearing, residents expressed concern how the height of a detached garage is measured. ATTACHMENTS (2): Draft Apri123, 2002, APC Me ting Minutes, page~to ~ 7 Planning staff memo, page~to ~1~~~ aas CITY OF EAGAN Advisory Planning Commission April 23, 2002 Page 16 Ex;. 9. G. ORDINANCE AMENDMENT -CITY OF EAGAN An Ordinance Amendment amending Chapter 11 Entitled "Land Use Regulations (Zoning)" Sec. 11.10, Subd. 5 Accessory Building and Structures concerning maximum square footage, height, and roof pitch and style of detached accessory structures. Planner Kirchoff introduced this item and discussed the distributed revised attachment. Chair Huusko opened the public hearing. Resident Jim Doresky complemented Staff for the time spent on the issue and stated he agrees with the restrictions on accessory buildings. He expressed concern with the approved height. He stated the height should be measured to the roof peak. George Kubick agreed with Mr. Doresky and stated the addition that Staff is proposing is a step forward in the right direction. There being no further public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Member Gladhill suggested that condition seven specify that the material should also match rather than just the matching of the style. Planner Kirchoff stated that the matching of material is addressed elsewhere in the zoning ordinance. Member Steininger expressed his disagreement and explained that the City should allow larger structures. Member Kaess moved, Member Bendt seconded a motion to deny the Zoning Ordinance Amendment concerning detached accessory structures as shown in Attachment 1. Member Segal stated some regulation is needed. He stated accessory structures can become bigger than homes and recommending denial does not give constructive direction to the City Council. Chair Huusko stated he is against the motion to deny because restrictions are needed. a36 CITY OF EAGAN Advisory Planning Commission April 23, 2002 Page 17 l.. ~ Y o. ~° ~, ~ f Member Kaess stated it is wrong to restrict people to this degree, people should be allowed to do what they want with their property. Member Stackhouse stated she is against the motion because it would be a disservice to residents and guidelines should be established. Member Gladhill stated he is against the motion due expectations of surrounding property owners. A vote was taken: Aye: Steininger, Kaess and Bendt. Nay: Chair Huusko, Stackhouse, Steininger, Nosbush and Segal. Motion failed. Member Segal moved, Member Nosbush seconded a motion to approve the Zoning Ordinance Amendment concerning detached accessory structures as shown in Attachment 1 with the removal of "except by conditional use permit" on item C, number two. Members Bendt and Kaess stated their disapproval of the amendment because the City is micro-managing individual property owners. Member Steininger stated his disapproval because the maximum area is too restrictive. A vote was taken. Aye: Chair Huusko, Segal, Stackhouse and Nosbush. Nay: Steininger, Bendt and Kaess. Motion carried. a3~ ~, -~ ~.. TO: FROM: DATE: SUBJECT: MEMO city of eagan Michael Ridley, Senior Planner Cynthia R. Kirchoff, AICP, Planner Apri118, 2002 Zoning Ordinance Amendment concerning detached accessory structures On March 19, 2002, the City Council adopted an interim ordinance that prohibited the issuance of building permits for residential detached accessory structures for 90 days. The ordinance took effect on Mazch 28, 2002, and is set to expire on June 30, 2002. The purpose of the moratorium is to allow for the preparation and adoption of a Zoning Ordinance Amendment concerning specific maximum standards for detached accessory buildings and structures. On July 5, 2000, the City Council adopted an ordinance amendment addressing accessory building requirements. The amendment established standards for exterior materials, maintenance, setbacks, maximum size, maximum height, and standards for a Conditional Use Permit. The following are portions of the current accessory building and structure ordinance. Portions relevant to this discussion are underlined. Subd. 5. Accessory buildings and structures. C. Detached single family uses. 1. No accessory use or building shall be allowed within a required front yazd setback. With the exception of an attached garage, no accessory building or structure may be placed within a front yard. 2. No building permit shall be issued for more than two detached accessory buildings for each single family dwelling, except by conditional use permit. 3. No accessory building shall exceed the size of the principal structure. 4. Accessory buildings greater than 150 square feet in size shall comply with the following setbacks: a38 Mike Ridley April 18, 2002 Page 2 From side yard Interior 5 feet Corner 30 feet From rear yard 5 feet 5. The total floor area of a detached accessory building and any attached garage shall not exceed 1, l 00 square feet, except by conditional use pernut. 6. No accessory building or structure shall exceed 16 feet in height. F. Conditional use permits. Application for a conditional use permit under this subdivision shall be regulated by section 11.40, subd. 4 of this chapter. A conditional use permit maybe granted under this subdivision if the following requirements are met: 1. There is a demonstrated need and potential for continued use of the building or structure and the purpose stated. 2. In the case of residential uses, no commercial or home occupation activities are conducted within the accessory building or attached garage. 3. The building has an evident re-use or function related to the principal use. 4. The provisions of section 11.40, subd. 4 of this chapter are met: In the last few months, the City has received four requests for Conditional Use Permits (CUP) to exceed the 1,100 square feet maximum area. Only one CUP fora 1,600 square foot attached garage has been approved by the City Council. During the review process for one of the CUPS, concern was expressed by adjacent property owners regarding the size and height of the proposed detached garage. Due to the concern that the ordinance was not providing ample protection to adjacent property owners, the City Council directed staff to prepare an amendment to the ordinance limiting the area and height of a detached accessory structure only. The size of the attached accessory structure would not be addressed in this ordinance, but would be limited by other provisions of the zoning ordinance, such as maximum building coverage and minimum setbacks. ANALYSIS The proposed ordinance amendment (Attachment 1) would limit the area of a detached garage to 576 square feet, the side walls to 10 feet in height, and require the roof pitch and style to match the principal structure. (Note: All new language is in bold and all outdated information has been struck through.) a 3q Mike Ridley April 18, 2002 Page 3 Size Limit Currently, the maximum area for all accessory uses, including both attached and detached, on one parcel of land is 1,100 square feet. In order to exceed this limitation, a Conditional Use Permit would be required. In the proposed ordinance, the 576 square foot limitation would allow for the construction of a 24 foot by 24 foot detached garage. This is appropriate considering that the majority of single family dwellings in Eagan have an attached garage. However, for those properties that do not have an attached garage the size limitation may pose problems. Imposing an alternative size on properties that do not have an attached garage would provide an equal opportunity to have ample indoor storage space. It is recommended that those properties without an attached garage be allowed to have a larger detached garage, such as 800 square feet total. However, an attached garage would be prohibited from being constructed if a 800 square foot detached garage is present on the site. In order to exceed the maximum size for both instances, a Conditional Use Permit would still be required. Staff reviewed ordinances in other suburban communities pertaining to the maximum height and area for detached accessory structures. Bloomington, Chanhassen, Farmington, Plymouth, and Woodbury all permit detached accessory structures to be a maximum of 1,000 square feet. Some communities stipulate that the detached accessory structure can be no more that a certain percentage of the rear yard (i.e., 40 percent in Roseville), in addition to a maximum size. Apple Valley limits the size of the building to 750 square feet and Stillwater's maximum area is 500 square feet or 750 square feet when no attached garage is present on the site. Height Limitation Currently, a detached accessory structure cannot exceed 16 feet in height. Height is measured to the mid-point of a pitched roof, the deck line of a mansard roof or highest point of the coping of a flat roof. The proposed ordinance would limit the height of the wall height to 10 feet. Ten feet would allow an ample height for a garage door, but would essentially prohibit the storage of commercial vehicles. Other communities, such as Burnsville, Roseville, and Woodbury, limit the height by maximum wall height or garage door height. ago Mike Ridley April 18, 2002 Page 4 Roof Pitch and Style The ordinance would also limit the architectural style of the garage, by requiring that the roof style be consistent with the principal structure or the dwelling. For instance, if the home has a flat roof, the detached garage would be required to have flat roof. This would include any accessory structure that requires a building permit. City Attorney Comments The City Attorney has reviewed the proposed ordinance and recommends that the ordinance allow the maximum to be exceeded with a Variance, not a Conditional Use Permit because if all criteria are met, the permit must be approved. A conditional use is essentially a permitted use allowed to operate with conditions. However, Planning staff is concerned that a true hardship will not easily be apparent in most cases. CONCLUSION In conclusion, the Zoning Ordinance Amendment would limit detached accessory structures to 576 square feet with walls that are a maximum of 10 feet in height and a roof style and pitch that matches the principal structure. In addition, consideration should be given to permitting parcels of land without an attached garage to have 800 square feet of accessory use. Staff would appreciate discussion and direction regarding the preferred method (CUP vs. Variance) to deal with requests that exceed the square footage limits listed in this amendment. A determination as to the acceptability of the Zoning Ordinance Amendment for detached accessory structures is considered a policy decision to be determined by the Advisory Planning Commission and City Council. ACTION TO BE CONSIDERED To recommend approval of Zoning Ordinance Amendment concerning detached accessory structures as shown in Attachment 1. a~~ ATTACHMENT 1 Chapter 11, Land Use Regulations (Zoning) Sec. 11.10, Subd. 5. Accessory buildings and structures. C. Detached single family uses. 1. No accessory use or building shall be allowed within a required front yard setback. With the exception of an attached garage, no accessory building or structure may be placed within the front yard. 2. No building permit shall be issued for more than two detached accessory buildings for each single family dwelling, ~~,,. Z AT., n^nnnn~ra~ 1~i.illlinn nl~nll nvn°orl 41~n ni~a ~4~41~n r~ri r~nirnl n4r.infi we 3. Accessory buildings greater than 150 square feet in size shall comply with the following setbacks: From side yard Interior 5 feet Corner 30 feet From rear yard 5 feet 4. When an attached accessory use is present on the site, Tthe total floor area of all detached accessory structures n^a °^~~ °**°^''°-' Rnr°^° shall not exceed l~ 576 square feet, prat. 5. When an attached accessory use is not present on the site, the total floor area of all detached accessory structures shall not exceed 800 square feet. 6. No accessory building or structure shall b have side walls that exceed 10 feet in height. 7. The roof of all detached accessory structures shall match the pitch and style of the principal structure. ~ ~z AGENDA CITY OF EAGAN ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER May 7, 2002 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVAL OF MINUTES 1. March 4, 2002 E. ADJOURNMENT av3 MINUTES OF A REGULAR MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota March 4, 2002 A meeting of the Eagan Economic Development Authority was held on Monday, March 4, 2002 at 8:45 p.m. at the Eagan Municipal Center. Present were President Awada and Commissioners Carlson, Fields and Tilley. Also present were Executive Director Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty, Administrative Secretary / Deputy Clerk Mira McGarvey. ADOPT AGENDA Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVAL OF MINUTES Commissioner Bakken moved, Commissioner Tilley seconded a motion to adopt a resolution approving the minutes of the February 5, 2002 Economic Development Authority meeting. Aye: 5 Nay: 0 NEW BUSINESS APPROVE PLANNING AND DESIGN CONTRACT WITH DSU, INC. FOR CEDAR GROVE REDEVELOPMENT AREA CITY OF EAGAN City Administrator Hedges discussed this item regarding incorporation of design standards into the Cedar Grove Redevelopment initiative. Commissioners held a brief discussion and it was agreed that a neighborhood meeting should be held. Commissioner Bakken moved, Commissioner Tilley seconded a motion to adopt a Resolution to approve Cedar Grove Planning and Design Contract with Dahlgren, Shardlow and Uban, Inc. Aye: 5 Nay: 0 ADJOURNMENT The meeting adjourned at 9:00 p.m. Date Executive Director 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, (612) 681-4600 (TDD phone: (612) 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. avy ~~ 4THEST ~ Minnesota Department of Public Safety ~toFP~~ `~~,~,~EO~.;o .~ s P~ Ro.--~ Alcohol and Gambling Enforcement Division ~ ~ :~- -- - ~~-~''~~ 444 Cedar St-Suite 133 a: _.-.. a~~~~-~.yo;?' St. Paul, MN 55101-5133 ~, oFsP ~~ ~*ISSa+`~ . _ ---: _ _ (651)296-6439 TDD (651)282-6555 APPLICATION AND PERMIT FORA TEMPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION ~tE OF ORGANIZATION ~I,~P Via. [l„-1 F~ t ~ tacl DAT ORGANIZED - /~•-' `~ TAX EXEMPT NUMBER ~1- 1 O 'O STREET ADD S CITY STATE ZIP CODE NAME OF PERSON MAKIPJG APPLICATION Gct r • t L~ o BUSINESS PHONE ( > ~ 3 a - ~10~ HOME PHONE (d s ) ~ .fig -n ~ DATES LIQUOR WILL BE SOLD TYPE OF ORGANIZATION ~La. 3 b ^ CLUB HARITABLE ^RELIGIOUS OOTHER NONPROFIT ORGAN ATI OFFI ER'S N E } _JJ r•~ ~ - ~ L° S ~ ~i'~nT ADDRE S ~ 1 l ~ ~r i d l ~ Ksy r vV S' ~c~ ORGANIZATION OFFICER'S NAME ADDRESS ORGANIZATION OFFICER'S NAME ADDRESS Location where license will be used. If an outdoor area, describe •3 ~~ ~ ~ y ~~ ~D' Il K S ~f -. Cl~6~j ~. (~~/. , T~- Will the applicant contract for intoxicating liquor services? If so, give the name and address of the liquor licensee prop iding the service. ti~ Will the applicant carry liquor liability insurance? If so, the carrier's name and amount of coverage. (NOTE: Insurance is not mandatory.) ,t/%f~ APPROVAL APPLICATIO\ MUST BE APPROVED BY CrrY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GA.'~iBLING ENFORCEMENT CITY/COUNTY DATE APPROVED CITY FEE AMOUNT LICENSE DATES DATE FEE P~ iD SIGNATCRE CITY CLERK OR COUNTY OFFICIAL APPROVED Alcohol & Gsmbting Enforcement Director Note: Do not separate these two parts, send both parts to the address above and the original signed by this division will be returned as the license. Submit to the city or County at least 30 days before the event. PS-09079 {6f98) r~ ~ ,. Board of Directors Thomas A. Endersbe April 18, 2002 Chair Julie L. Stackhouse City Council President City of Eagan Gary L. Huusko 3830 Pilot Knob Road Secretary Eagan, MN 55122 Lee Ashfeld Treasurer Dear members of the City Council: Tom Egan Enclosed please find our application for a temporary liquor license for an event to be Ka}' Gustafson held on Thursday evening, May 23, 2002. The purpose of the event is to raise funds Tom Hedges for the various projects of the Eagan Foundation and to honor those who have made cnnck Hokans major donations to The Foundation projects in recent years. Chelsea Luse The Foundation would appreciate your consideration of waiving the fee for this Barb Luck temporary liquor license. Kate Munson Thank you for your kind attention to this matter. Donald Patkrson Margaret Schreiner Sincerely, i .Fannie Shepard Phil Stalboerger ~L Cvteg Tiney G~-y H o, President Joan Uselmann The Eagan Foundation Deanna Wiener -~«~~ i/~~~k ron, Wilxm (952) 985-1448 Business Schools Parks ~ Service • Neighborhoods The Eagan Foundation Incorporated • 1960 Giiii Lake Road. Suite 112-215 • Eagan, MN 55122 BRINGING NEIGHBORS TOGETHER DATE ~ CITY OF EAGAN NEW _ON SALE FEE 3830 PILOT KNOB ROAD RENEWAL OAF SALE FEE EAGAN, MINNESOTA 55122 TEMPORARY TEMPORARY FEE 525.00 APPLICATION FOR MALT LIQUOR LICENSE PLEASE PRINT APPLICANT ,~~X `,1-~'r L}i3~I~ C ._~ (Last) (First) (Middle) Address /3y6 ~ /~ ~'~,rl~ ~ J l~~~~~ cJ,g~~ ~~ ~) f~~ s1~ y (City) (State) (tip) Phone S'~~7- ~9f- yyy7 Birthdate /e'/ate/y~ ~^-~~-~ DBA NAME ~i~CA.4~ .~ l ~ sv 5 ~ ~ ~ OWNER's NAME (Last) (First) (Middle) Address (street) (COY) (State) (ZiP) Phone Birthdate MANAGER'S NAME (Last) (First) (Middle) Address ~-~ ~/~ - o? ~D-OD ,' Address (street) (Street) . . (City) (State) (Lip) (City) (State) (Zip) Phone ~~~ ~ R~/.- ~iyi~~~ Phone BiRhdate HEREBY APPLIES FOR MALT LIQUOR LICENSE for the year _1 ~G L ,from 7 /~_ to ~_I_'~. Event: ~~ / (rtlnocation: (date) ~(month) (date) (fort porary license) (Address) STRONG BEER: Yes No Applicants who have an on-sale wine license, and have 5096 gross earnings from food, may sell strong beer without an additional license. Applicants who elect tc sell strong beer must carry liquor liability insurance. Are you the actual proprietor? Yes () No (;~ Are you the owner of the property of the business location? Yes () No (1(j Has any other license of this kind been granted to you? Yes,((} No ()Where ~ltr ~',$/Y ~y~ ~/ (City) (Year) Are any fazes, assessments or utility bills for the premises unpaid or delinquent? Yes () No (1~). If yes, give reason. During the past year, has a summons been issued under the Liquor Civil Liability Law MS 340A.802? Yes () No (~. If yes, attach summary copy. Have you ever been convicted? Yes () No~q City (Other than a traffic offense) K this a joint ownership or silent partnership? Yes () No P~ N yes, please attach a listing of complete names, dates of firth, addresses and telephone numbers of everyone involved. I HEREBY VERIFY THAT THERE HAS BEEN NO CHANGE IN OWNERSHIP OR MANAGERS IN THE PAST YEAR. THE LICENSEE HEREBY AGREES TO INDEMNIFY AND HOLD EAGAN HARMLESS FROM ANY AND ALL CLAIMS OR SUITS INCLUDING ATTORNEYS FEES AND OTHER DEFENSE COSTS, WHICH THE CITY OF EAGAN MAY INCUR BY REASON OF ANY ACTIVITIES ARISING FROM THE GRANTING OF THIS 3.2 BEER LICENSE. I (we) HEREBY AGREE TO OPERATE SUCH BUSINESS IN ACCORDANCE WITH THE LAWS OF MINNESOTA AND THE ORDINANCES OF THE CITY OF EAGAN. THE FOREGOING STATEMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. AUTHORIZED SKiNATURE FOR CITY USE ONLY POLICE APPROVAL: YES ( ) NO ( ) SIGNED DATED CITY COUNCIL APPROVAL. YES ( ) NO ( ) SIGNED DATED: Apr-29-02 O2:48P New Market Bank Apri129,2002 Tv City of Liagan ite: Liquor i,icensc: lix the 4'~ of July We the Eagan Lions Club would like the city t~ waive [he $25.W L'ee for this license being this is u city event. Eagan Lions Club Jerry o P.O2 Dakota County, - ~- . r ~ , . ECONOMIC`~D-EVELOPM-ENT - P A R ~~~h`E-fit ~ ~ P :. ., ~ -~ - ~~:>.~r > .-~ Apri18.2002 F ._._ - Mayor Pat Av-~ada City of Eagan 3830 Pilot Knob Road Eagan, MN SS122 Dear Honorable Mayor Awada, The Dakota County Economic Development Partnership is very excited to be holding their second job fair at the Eagan Civic Arena. Thanks to the help of the City of Eagan and the Workforce Center, last years Get Jobs Job Fair was a huge success. More than 1800 job seekers talked with the 61 employers who participated in the August 2001 Job Fair. The employers all gave the Job Fair an excellent rating both for the number of job seekers and the quality of the job seekers. We aze hoping to surpass last year's success in May. Once again, we would like the City of Eagan to partner with the Dakota County Economic Development Partnership and the Workforce Center by providing the use of both sides of the Eagan Civic Arena free of chazge. With your help in providing the Eagan Civic Arena we will be able to keep the costs down for the business participants. This year's Job Fair will be held on Thursday, May 16 from l 1:30 a.m. to 6:30 p.m. We would like to invite you to make a presentation at the Job Fair. Also, last yeaz the City Council did a proclamation designating the day Employer Appreciation Day in Eagan, and we would certainl}• u`'elcome the Council designating May 16 as Employer Appreciation Day this year. 1 look forward to working with you on the Eagan Get Jobs Job Fair. Any questions please feel free to call me at my home office 651-452-6859. Sincerely, ~~ Cindy Johnson Interim Director Dakota County Economic Development Partnership cc: Tom Hedges 60 E. Marie Avenue Suite 212 West St. Paul, MN 55118 (651) 450-2694 fax (651} 450-2948 website wwv+.dcedp.org a-mail Steve.KingQco.dakota.mn.us CITY OF EAGAN PROCLAMATION EAGAN EMPLOYER APPRECIATION DAY MAY 16, 2002 WHEREAS, the City of Eagan is proud to have a strong business community comprised of over 2,000 large and small businesses; and WHEREAS, this vigorous business community contributes greatly to the City's healthy tax base, its economic viability and its strong community spirit; and WHEREAS, the creation of jobs and the ability to provide a strong and viable workforce is a priority for the City of Eagan and its business community; and WHEREAS, the Economic Development Commission in conjunction with the Dakota County Partnership have coordinated and will be hosting the "Get Jobs-Job Fair" at the Eagan Civic Arena from 11:30 a.m. to 6:30 p.m. on Thursday, May 16; and WHEREAS, creating worthy projects of this type helps to strengthen our business community by matching workers with available jobs; stimulating growth in our local economy and developing our community's economic viability; NOVV, THEREFORE, BE IT RESOLVED that the Eagan City Council hereby proclaims Thursday, May 16, 2002 as Eagan Employer Appreciation Day in the City of Eagan. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, Mira McGarvey, Deputy Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 7th day of May, 2002. Mira McGarvey, Deputy Clerk