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10/01/2002 - City Council RegularAGENDA EAGAIV CITY COUNCIL -REGULAR MEETING EAGA.1' MUNICIPAL CENTER BUILDING OCTOBER 1, 2002 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA 1o6°U. P6? ~. 1°~~W. ~~ X ~'~ Q~¢ Z. p BoAA. ~p $'~ BB. p ~~. P ~ DD. P EE. FF. p APPROVE MINUTES PERSONNEL ITEMS RATIFY check registers for September 19 and September 26, 2002 APPROVE Exempt Permit for Burnsville Rotary Club APPROVE Exempt Permit for Faithful Shepherd Catholic School APPROVE comments regarding Joint Airport Zoning Board APPROVE final Indemnification Agreement for MSP Joint Airport Zoning Board DECLARE 1988 LeeBoy Paver/Grinder as surplus property to be sold at auction APPROVE list of Election Judges for the November 5, 2002 General Election SET Public Hearing date for November 7, 2002 to certify delinquent false alarm bills SET Public Hearing date for November 7, 2002 to certify delinquent weed cutting bills SET Public Hearing date for November 7, 2002 to certify delinquent board up service bills SET Public Hearing date for November 7, 2002 to certify delinquent utility bills APPROVE 7-1-02 to 6-30-03 general insurance renewal APPROVE Change Order No. 2 for Contract 02-15B (Community Center -Site Improvements) APPROVE Agreement with AT&T Broadband for Project 866 (Cedar Grove Redevelopment - Streetscaping) APPROVE Resolution revising legal description of Easement Vacation (Kennebec Drive) APPROVE extension for recording the Conditional Use Permit for Eagan Tire & Auto Service APPROVE extension for recording the Conditional Use Permit for Wal-Mart APPROVE Comprehensive Guide Amendment Special Area No. 7, Blue Cross Blue Shield of MN (To Be Continued) APPROVE Comprehensive Guide Amendment and Rezoning from Roadside Business to Planned Development and Preliminary Subdivision (Grayhawk Addition) - Mark Gergen & .Associates APPROVE Comprehensive Guide Amendment, Preliminary Planned Development and Preliminary Subdivision (Eagan Heights Townhomes 3`d Addition) -Diedrich Builders APPROVE Final Plat -Forest View Addition, Thorson Homes APPROVE Final Planned Development - Sabongi Consulting Group, Inc. for Lot 1, Block 1, Honey Tree Addition APPROVE Final Subdivision and Final Planned Development -Cedar Villas, Shelter Corporation APPROVE temporary on-sale liquor license for Faithful Shepherd Catholic School for a fundraiser to be held on January 25, 2003 APPROVE Resolution and sign Agreement allowing Eagan Police Officers to assist the Minneapolis Police Department with security at the International Association of Chiefs of Police Conference APPROVE Proclamation for Minnesota Manufacturers /Technology Week APPROVE Change Order for Eagan Community Center APPROVE Summary of Zoning Ordinance for publication APPROVE Change orders for citywide radio system upgrade APPROVE extension of time to complete landscape improvements -- Best Brands Corp. V. 6:30 -PUBLIC HEARINGS I Q d A. VARIANCE -Ryan Ruzek. A Variance request of two feet to the required five foot side yard building setback to build a cover for existing pool equipment on Lot 7, Block 1, Stoney Point 2°d Addition, located at 3626 Lakeview Trail in the SE'/, of Section 16. r Q ~ B. PROJECT 853, Final Assessment Hearing (Woodgate 15t Addition -Street Overlay) C. PROJECT 855, Final Assessment Hearing (Oak Chase 6`s Add./Ches Mar East -Street Overlay) ~ 3~~ D. PROJECT 854, Final Assessment Hearing (Parkcliff Additions -Street Overlay) / ~ ~ ROJECT 796, Final Assessment Hearmg (Cedar Cliff/Mari Acres Street Overlay) P VI. OLD BUSINESS ~j 16r A. Conditional Use Permit - Wajco., Inc. (To be continued to October 15, 2002) I VII. NEW BUSINESS / 6 ~ A. CONDITIONAL USE PERMIT AND VARIANCE -Doug and Tracey Petesch. A Conditional p ( Use Permit to exceed the 25 percent Shoreland impervious surface coverage and a Variance to / exceed the 20 percent single-family residential building lot coverage on Lot 26, Block 1, Lakeview Trail Addition, located at 664 McFaddens Trail in the NW '/, of Section 36. /~/ ~ ~ B. PLANNED DEVELOPMENT AMENDMENT - Appro Development, Inc. A Planned /- Development Amendment to erect a pylon sign on Lot 1, Block 2, Olson Burger Addition, located at 3235 Denmark Avenue in the SW '/e of Section 10. n, ~ C. INTERIM USE PERMIT -JAMES OBERG - An Interim Use Permit to allow outdoor storage on //~' property located south of Red Pine Lane between Highway 3 and Biscayne Avenue in the SE '/< of Section 36. ~~~D. PLANNED DEVELOPMENT AMENDMENT - A.B. Systems, Inc. A Planned Development Amendment to amend the use of Lot 2, Block 1, Oak Cliff 9`s Addition from a liquor store to a 15,000 sq. ft., two story corporate office building, located south of Super America and east of Royal Cliff on Slater Road in the NW '/. of Section 31. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ADi<IINISTRATIVE AGENDA A. Comments by City Council, City Administrator, and Department Heads X. VISITORS TO BE HEARD (for those persons not on agenda) XI. ADJOURNMENT 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 ~i~ill attempt to provide such aid. t ~ i ~.~ ' city of eagan MEMO ME1110 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 27, 2002 SUBJECT: AGENDA INFORMATION FOR OCTOBER 1, 2002 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the October 1, 2002 City Council agenda, the following items are in order for consideration. Agenda Information Memo October 1, 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 September 17, 2002 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the September 17, 2002 regular City Council meeting are enclosed on pages through ~. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota September 17, 2002 A regular meeting of the Eagan City Council was held on Tuesday, September 17, 2002 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Bakken, Carlson, Fields and Tilley (arrived at 6:40). Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary/Deputy Clerk Mira McGarvey. AGENDA The following changes to the agenda were noted: • Item D of New Business is being removed from the agenda; • A discussion will be held under the Administrative Agenda regarding a Dakota County referendum for open space; • Consideration of a change order for the bandshell will be added as item W of the Consent Agenda; • Item Q is being pulled from the Consent Agenda • Item R of the Consent Agenda is continued until the October 1, 2002 City Council meeting. Councilmember Bakken moved, Councihnember Fields seconded a motion to approve the agenda as amended. Aye: 4 Nay: 0 CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the September 3, 2002 regular City Council meeting, the September 3, 2002 Listening Session and the September 9, 2002 special City Council workshop as presented. B. Personnel Items. It was recommended to approve the hiring of Brad Champlin, Guy Dawson, Jeff Freeman and Ken Freeman as part-time seasonal football officials. C. Check Registers. It was recommended to ratify the check registers dated September 5, 2002 and September 12, 2002 as presented: D. Suburban Transit Association Bylaws. It was recommended to approve a resolution authorizing changes to the Suburban Transit Association bylaws. E. Reservation of General Fund Balance. It was recommended to approve reservation of $2,335,000 of the General Fund balance for retirement of the 2000 EDA bonds. F. Chance Order -Moonshine Park. It was recommended to approve change order number 1 of the Moonshine Park project, access road and trail at a total of $23,226.01. G. Final Blue Cross Blue Shield Minnesota AUAR and Mitigation Plan. It was recommended to approve final BCBSM AUAR and Mitigation Plan for distribution. H. Wine and Beer License. It was recommended to approve a wine and beer license application for Jesimo, Inc. dba Eagan Steak House. I. Change Orders - Campus Generator. It was recommended to approve Change Order #1 and Change Order #2 related to Eagan Contract #98-14 (revised 10/O1). J. Right-of--way Vacation. It was recommended to receive the petition to vacate public right-of--way and schedule a public hearing to be held on October 15, 2002. K. Traffic Si ng al Agreement. It was recommended to approve the traffic signal agreement with MNDOT for the installation of a traffic signal and associated signal interconnection systems at Trunk Highway 55 and Eagandale Boulevard. L. MNDOT Speed Studies. It was recommended to approve a resolution requesting MNDOT speed studies for Dodd Road from Wescott Road to Diffley Road, and from Cliff Road to 120a' Street. A typographical error in the packet regarding the design speed for Dodd Rd. south of Cliff was corrected from " 35" mph to " 30" mph. M. Project 866. It was recommended to approve an agreement with Xcel Energy under Project 866 (Cedar Grove Redevelopment Area - Streetscaping Improvements) and authorize the Mayor and City Clerk to execute ali related documents. N. Project 856. It was recommended to receive the Final Assessment Roll for Project 856 (Ches Mar Additions -Street Overlay) and schedule a public hearing to be held on October 15, 2002. Eagan City Council Meeting Minutes September 17, 2002 Page 2 DRgFT O. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements for Lot 22, Block 3, Lexington Square 7`s Addition and schedule a public hearing to be held on October 15, 2002. P. Contract 01-05. It was recommended to approve Change Order No. 1 to Contract O1-OS (Cedar Grove Access Reconfiguration -Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. Q. ITEM PULLED FROM THE AGENDA . R. Consideration of the Police Services Agreement with Minneapolis CONTINUED UNTIL OCTOBERI S. Project 852. It was recommended to receive the Final Assessment Roll for Project 852 (Post Addition / Rustic Hills Drive / Oster Addition -Street Overlay) and schedule a public hearing to be held on October 15, 2002. T. Holz Farm. It was recommended to authorize proceeding with master planning for Holz Farm. U. Final Subdivision. It was recommended to approve a Final Subdivision to create two lots on 6.6 acres located north of Cliff Road and west of Rahn Road across from the Cliff Lake Centre Shopping Center in the SW '/< of Section 29. V. Final Subdivision and Final Planned Development. It was recommended to approve a Final Subdivision to create six lots on 4.3 acres located at the northwest corner of Thomas Lake Road and Cliff Road, in the SW '/< of Section 28. W. Change Order. It was recommended to approve a change order for the band shell to add a clock. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the consent agenda. Aye: 4 Nay: 0 PUBLIC HEARINGS VARIANCE - WOODGATE 3RD ADDITION City Administrator Hedges introduced this item regarding a blanket deck setback variance request for Vl'oodgate 3`d Addition. Senior Planner Ridley gave a staff report and recommended that due to lack of information from the applicant regarding existing structure setbacks, the public hearing be continued to the October 15, 2002 Council meeting. The applicant briefly discussed the request for a blanket variance. Councilmember Carlson moved, Councihmember Bakken seconded a motion to continue the public hearing to consider a variance for Woodgate 3`d Addition to October 15, 2002. Aye: 5 Nay: 0 PROJECT 794, RIVER HILLS 9TH -STREET RESURFACING FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 794, River Hills 9`'' Addition street resurfacing. Public Works Director Colbert gave a staff report. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the final assessment roll for Project 794 (River Hills 9`~ -Street Resurfacing) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 Council directed staff to identify the number, locations and cost to install signs denoting the entrance into the City of Eagan on all City streets. Eagan City Council Meeting Minutes September 17, 2002 a~ /~ Page 3 /"i T PROJECT 795, BEACON HILL /BRITTANY ADDTIONS JOHNNY CAKE RIDGE ADDITION / COVINGTON LANE -STREET OVERLAY FINAL ASSESSMENT HEARING Ciry Administrator Hedges introduced this item regarding Project 795 final assessment roll. Public Works Director Colbert gave a staff report. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councihnember Fields moved, Councilmember Tilley seconded a motion to approve the final assessment roll for Project 795 (Beacon Hill /Brittany Additions /Johnny Cake Ridge Additions / Covington Lane -Street Overlay) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 RIGHT-OF-WAY VACATION, VARIANCE AND CONDITIONAL USE PERMIT - WAJCO, INC. City Administrator Hedges introduced this item regarding a request of right of way vacation, a Conditional Use Permit to operate a car wash and Variances to allow existing nonconforming parking and signage setbacks on property located at 4205 Nicols Road. Senior Planner Ridley gave a staff report regarding the variance and conditional use permit requests. Public Works Director Colbert discussed the right-of--way vacation request and related right of way dedication requirement from Dakota County for the platting of this property. Councilmembers discussed potential future issues should this vacation be approved. The applicant discussed the need for the additional parking spaces for his business. After discussion with Council and staff, the applicant requested the public hearing be continued to allow additional review with his architect, City staff and the adjacent property owner. Councilmember Carlson moved, Councihnember Tilley seconded a motion to continue the public hearing until October 1, 2002 Aye: 5 Nay: 0 OLD BUSINESS RECEIVE BIDS AND AWARD SALE OF $3,550,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2002A, AND $1,290,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2002B City Administrator Hedges introduced this item regarding awarding the sale of $3,550,000 General Obligation Improvement Bonds and $1,290,000 General Obligation Refunding Bonds. Dave McGillvary, Springsted, made a presentation.. Councihnember Carlson moved, Councilmember Fields seconded a motion to approve a resolution awarding the sale of $3,550,000 General Obligation Improvement Bonds, Series 2002A. Aye: 5 Nay: 0 Councilmember Carlson moved, Councihnember Fields seconded a motion to approve a resolution awarding the sale of $1,290,000 General Obligation Refunding Bonds, Series 2002B. Aye: 5 Nay: 0 ORDINANCE AMENDMENT -CITY OF EAGAN City Administrator Hedges introduced this item regarding an ordinance amendment to Chapter 11 of the Eagan City Code regarding a complete update of Chapter 11 entitled "Land Use Regulations (Zoning)". Senior Planner Ridley gave a staff report. Councilmember Carlson and other Councihnembers asked that the minutes reflect the Councils' desire that the R-1S zoning is largely intended for downzoning. It was also noted that other scenarios include areas with significant slopes, woodlands, or wetlands. S Eagan City Council Meeting Minutes September 17, 2002 Page 4 ~RAFr Councihnember Fields moved, Councihnember Carlson seconded a motion to approve a Zoning Ordinance Amendment to Chapter 11 entitled "Land Use Regulations (Zoning)". Aye 5 Nay: 0 AIRPORT RELATIONS COMMISSION RECOMMENDATIONS ON JOINT AIRPORT ZONING BOARD City Administrator Hedges introduced this item regarding the recommendations of the Eagan Airport Relations Commission related to the MSP Joint Airport Zoning Board. Assistant City Administrator Verbrugge made a presentation. Councilmember Carlson moved, Councihnember Fields seconded a motion to approve the recommendations of the Eagan Airport Relations Commission related to the MSP Joint Airport Zoning Board as follows and duect staff to prepare written comments. Aye: 5 Nay: 0 • The City should support the Minnesota Department of Transportation proposal for no changes in boundaries, height restrictions or the land use provisions in the present law and that engine-out criteria be added to the statute. • The City should support the maximum safety provisions of the law and, therefore: 1) The provisions of the law should apply to all runways at all times and there should be no erosion of the protection based on use or other mitigating circumstances. 2) Engine-out criteria should be applied to all runways; and 3) HNTB (technical planning consultant to MAC) to research on engine-out accident/incident and directional control of aircraft and possibly expand engine-out criteria beyond the limits of the present RPZ and state zones 1 and 2. NEW YORK AVENUE / VENTNOR AVENUE "PERMIT PARKING ONLY" SIGN PETITION City Administrator Hedges introduced this item regarding an original petition from 25 residents representing 20 properties adjacent to New York Avenue and Ventnor Avenue requesting the installation of street signage on the entire length of both streets expanding the current prohibition on parking during the normal school day. Public Works Director Colbert gave a staff report on the results of a neighborhood meeting regarding this original request and a follow up revised petition. He stated there is not solid neighborhood consensus on the revised petition. Dave Rosati, 4140 New York Avenue discussed the current parking situation during school events in his neighborhood. He thanked Councihnembers Carlson and Fields for observing the situation during a recent evening school event. Councihnembers discussed potential solutions to the parking issue, including working with the school district. Councihnember Bakken suggested continuing consideration of the request to allow time for additional research and possible solutions. Councihnembers directed staff to send a letter to the entire neighborhood informing residents of the issue along with possible proposals by the Council asking residents to indicate their opinion. They also discussed the possiblitiy of a meeting with the Superintendent of Streets to review the permit process for the "bagging" of parking signs. Mayor Awada moved, Councihnember Carlson seconded a motion to receive the petition and continue consideration of the installation of full time "Permit Parking Only" signs on New York Avenue and Ventnor Avenue. Aye: 5 Nay: 0 CONSIDER RESOLUTION APPROVING DEVELOPMENT AGREEMENT City Administrator Hedges introduced this item regarding a development agreement with Interstate Partners LLC for redevelopment in Tax Increment Financing Redevelopment District #2-4 in the area of Highway 55 and Highway 149. Assistant City Administrator Verbrugge gave an overview of the development agreement. Greg Miller representing Interstate Partners addressed the Council regarding plans for the proposed business park. 6 Eagan City Council Meeting Minutes D ^ September 17, 2002 ~ [~ Page 5 /' Councilmember Bakken moved, Councihember Tilley seconded a motion to adopt a resolution approving a development agreement with Interstate Partners LLC. Aye: 5 Nay: 0 NEW BUSINESS PRELIMINARY AND FINAL SUBDIVISION (GRAND OAK FOUR) INTERSTATE PARTNERS City Administrator Hedges introduced this item regarding a preliminary and fmal subdivision to create three lots on 26.35 acres located at 860, 880 and 930 Blue Gentian Road. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Preliminary and Final Subdivision (Grand Oak Four) to create three lots on 26.35 acres located at 860, 880 and 930 Blue Gentian Road, in the NE '/< of Section 2 subject to the following conditions: Aye: 5 Nay: 0 The property shall be platted. This development shall accept the City's determination of responsibility and costs of $3,570.00 per net developable acre for AUAR Mitigative Traffic Improvements as identified in the Final AUAR document approved by the City Council on October 20, 1998. The financial obligation shall be placed in an escrow account with the City to be used solely for financing the AUAR improvements and any unused amount will be returned to the payers upon full development of the AUAR properties. Landscaping shall be installed according to the landscape plan dated September 15, 2002, with the addition of more landscaping along Blue Gentian Road to provide better parking lot screening from the public right-of--way. Additionally, if the proof of parking areas are installed in the future, the islands shall be landscaped similar to the other islands on the site. REZONING, PRELIMINARY SUBDIVISION, AND WAIVER OF PLAT (NATURE'S EDGE 2ND ADDITION) - MANLEY LAND COMPANY City Administrator Hedges introduced this item regarding a rezoning to change the zoning of 2,270 square feet from A (Agriculture) to R-1 (Residential Single Family); a preliminary subdivision to create three single-family lots; and a waiver of plat to subdivide atwo-acre parcel into two parcels without a plat. Senior Planner Ridley gave a staff report. Mr. Manley, the applicant, answered questions from the Council regarding the trail connection from McFadden Trail to the County Park that hasn't been installed yet. The developer stated that the Advisory Parks and Recreation Commission has restated their requirement for this trail connection and he committed to working with the property owners on this issue. The Council stated their desire to have this trail installed yet this fall. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a rezoning to change the zoning of 2,270 square feet from A (Agriculture) to R-1 (Residential Single Family). Aye: 4 Nay: 0 Fields abstained. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision (Natures Edge 2°d Addition) of approximately 1.5 acres to create three single-family lots located at the end of Rosa Court in the NW '/, of Section 36 subject to the following conditions: Aye: 4 Nay: 0 Fields abstained 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: B1, 2, 3, 4; C1, 2, 3, D1; E1 2. The property containing the three lots shall be platted. 3. The applicant shall receive a permit prior to the demolition of structures on site. 4. All well and septic systems within the subdivision shall be abandoned in accordance with City and Dakota County standards as part of this development. 5. Easements for the monument signs shall not conflict with City easements. The developer shall prepare documents for the monument sign easements and submit them to the City Attorney for review prior to Eagan City Council Meeting Minutes September 17, 2002 Page 6 RAFT Final Subdivision approval. he applicant shall obtain separate sign permits prior to the installation of the entrance monument signs. 6. Lots 1 and 2, Block 1, shall comply with applicable standards of the Shoreland ordinance. 7. The applicant shall install tree mitigation according to the City of Egan Tree Preservation Ordinance. Mitigation is calculated to be 14 Category A, or an equivalent of Category B or C trees. 8. The developer shall install Tree Protective measures (i.e., orange colored silt fence or 4 foot polyethylene laminate safety netting) at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 9. The developer shall contact the City Forestry Division to 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. 10. The subdivision shall be subject to cash park and trail dedication. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Waiver of Plat to subdivide atwo-acre parcel into two parcels without a plat. Aye: 4 Nay: 0 Fields abstained ORDINANCE AMENDMENT -ZONING MAP UPDATE City Administrator Hedges introduced this item regarding a zoning map update incorporating recommended rezonings as part of the Comprehensive Planning processing. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the publication of the Zoning Map of the City of Eagan, Minnesota incorporating recommended rezonings as part of the Comprehensive Planning process, approved rezonings since the last map update, and administrative changes. Aye: 5 Nay: 0 Direction was given to staff to proceed with providing recommendations regarding marketing the City- owned property located at Diffley Road and Highway 3 as neighborhood business zoning. ADMINISTRATIVE AGENDA A discussion was held regarding a proposed referendum for open space acquisition by Dakota County. Staff was directed to write a letter to Dakota County requesting information regarding allocation of bond proceeds across the County. ADJOURNMENT The Mayor called a recess at 9:45 p.m. and immediately convened a meeting of the Economic Development Authority. After adjournment of the EDA, the Mayor reconvened the Council meeting at 9:50 p.m., concluded the cable broadcast portion and introduced "Visitors to be Heard". There being no public comment, the Council meeting was adjourned at 9:50 p.m. The Council then retired into a Closed Session to consider pending litigation. 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. 8' Agenda Information Memo October 1, 2002 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Retirement/Dispatcher-- ACTION TO BE CONSIDERED: To accept the letter of resignation from Dispatcher Eileen Zimmerman. 9 Agenda Information Memo October 1, 2002 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated September 19, 2002 and September 26, 2002 as presented. ATTACHMENTS: • Check registers dated September 19, 2002 and September 26, 2002 are enclosed without page number. /~ Agenda Memo October 1, 2002 CONSENT AGENDA: D. EXEMPT PERMIT FOR BURNSVILLE ROTARY CLUB ACTION TO BE CONSIDERED: Approve Lawful Gambling Exempt Permit for Burnsville Rotary Club for a raffle to be held at 2280 Cliff Road on December 7, 2002. FACTS: • The Police Department has reviewed the application and deem it in order. ATTACHMENTS: • A copy of the application and a letter from the President of the Rotary Foundation is attached as pages L thru ~. // u;..-....mss.. ~ _..s..- ~--..~~r.~_. ~r Page 1 of 2 3/01 mnr--cavw ~an-u- vau-unny LG220 Application for Exempt Permit Fee - $25 Or oar sa n y i Fee Pa d Organization Information ChedcNo. Organization name Previous lawful gambling exemption number ut 2N S ~ /~a1un ~ b Street City State2ip Code County ~D ,Box ~3 Y G /3 u s v. le.. /yl•v ~ ~~' °~ Name of chief executive officer (CEO) First name Last name Daytime phone number of CEO ~ .6,q,~z 95~ - g o -3 ~o c~ Name of treasurer Daytime phone number of First name Last name treasurer. a;~ Lr O.~ ~y ~~- 17~~ Type of Nonprofit Organization Check the box that best describes your organization: ^ Fraternal ^ Religious ^ Veteran ~ Other nonprofd organization Check the box that indicates the type of proof your organization attached to this application: ^ IRS letter indicating income tax exempt status ^ Cert~cate of Good Standing from the Minnesota Secretary of State's Office ^ A charter showing you are an affiliate of a parent nonprofit organization Proof previously submitted and on file with the Gambling Control Board Gamblin Premises information Name of~jemises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) CSD ~pL CPIs-~~ Address (do not use PO box) City State2ip Code County o(a210 CJ ~ ~a nJ /~ SS/~ ./~c~,~af Date(s) of activity (for raffles, indicate the date of the drawing) ^ ~~ ems. ~[ Qt~ Check the box or boxes that indicate the type of gambling activity your organization will be conducting: ^ 'Bingo ~ Raffles (cash prizes may not exceed $12,000) ^ 'Paddlewheels ^'Pull-Tabs ^'Tipboards 'Equipment for these activities must be obtained from a licensed distributor. This form will be made available in alternative format (i.e. large print, Braille) upon request. The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota. You have the right to refuse to suppythe information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a permit. M you supply the information requested, the Board will be able to process your application. Your name and and your organization's name and address wpl be public information when received by the Board. All the other information that you provide will be private data about you until the Board issues your permit. When the Board issues your permit, all of the information that you have provided to the Board n the process of applying for your permit will become public. tf the Board does not issue you a permit, all the information you have provided in the process of applying for a permft remains private, wffh the exception of your name and your organization's name and address which will remain public. Private data about you are available onyto me rouowing: ~toara memoers, stars or the Board whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety, the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gamblv~g regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal orderauthorizes a new use orsharing of information after this Notice was given; and anyone with your consent. /~- LG220 lication for Exem t Permit Page 2 of Z App p 3rot Organization Name~~u~twlsv~1(~ a~,u2~. ~y~ Local Unit of Government Acknowledgment~- If the gambling premises is within city limits, the city must sign this application. On behalf of the city, I acknowledge this application. Check the action that the city is taking on this application. ^ The city approves the application with no waiting period. ^ The city approves the application with a 30 day waiting period, and albws the Board to issue a permit after 30 days (60 days for a first class city). The city denies the application. Print name of city (Signature of city personnel receiving application) Title Date_~/ _/ ff the gambling premises Is located in a township, both the county and township must sign this application. On behaH of the county, I acknowledge this applicatbn. Check the action that the county is taking on this application. The county approves the application with no waiting period. The county approves the application with a 30 day waiting period, and albws the Board to issue a permit after 30 days. The county denies the application. Print name of county (Signature of county personnel receiving application) Tide --- - - -- -_ Date / / TOWNSHIP: On behalf of the township, t acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2).J Print name of township (Signature of township official acknowledging application) Title Date / / Chief Executive Officer's Signature The information provided in this applicatio ptete cc at best of my knowledge. Chief executive officer's sgnature Name (please print) ~ Date_~/LZ/ ~~ Mail Application and Attachments At least 45 days prior to your scheduled activity date send: • the completed application, • a copy of your proof of nonprofit status, and • a $25 application fee (make check payable to "State of Minnesota"). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South. Roseville, MN 55113 tf your application has not been acknowledged by the bcal unit of government or has been denied, do not send the applicatan to the Gambling Control Board. /3 .ti 4 ~~ Burnsville Rotary Foundation 4 ~ P.O. Bog 1346 -" Burnsville, MN 55337 '~\q~ t September 17, 2002 Mayor Pat Awada City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mayor: I have attached a gambling permit application for our annual Rotary raffle that is part of our one fundraiser. This will be held this year at Royal Cliff on December 7t°. Your approval is needed to receive our permit number. As this is a major part of our money, we appreciate your expediting this approval. Our organization is proud that 100% of the proceeds go to service projects of local, national and international scope. The club's local work has involved the initiation and major support for: • Kids of Summer, park program • Burnsville Skate Park • DARE • Burnsville Crime Fund • ISD 191 • Armful of Love • Food Shelf • Community Action Council The Rotary Foundation is a 501C3 charity with a Federal ID number of 41- 1707122. Sincer om Baker President 952-890-3200 / 5` Agenda Memo October 1, 2002 CONSENT AGENDA: E. EXEMPT PERMIT FOR FAITHFUL SHEPHERD CATHOLIC SCHOOL ACTION TO BE CONSIDERED: Approve Lawful Gambling Exempt Permit for Faithful Shepherd Catholic School for a raffle to be held at 3355 Columbia Drive, January 25, 2003. FACTS: • The Police Department has reviewed the application and deem it in order. ATTACHMENTS: • A copy of the application is attached as pages ~ thru~. /S ~Minnpcnta l awful C~amhlinr. ~~ Page 1 of 2 8/00 """~ LG220 -Application for Exempt Permit Fee - $25 For Board Use n y Fee Paid Organization Information Check No. Organization name Previous lawful gambling exemption number t - -~ S ~ ~ C x - 3 aaos -~ ~ ~ . ~. ~ . o ~ Street :335 Cs> ~~.-~.-b;~, Of;~ City E ~..., State/Zip Code mN 551 a i County ~-Ko-t~. Name of chief executive officer (CEO) First name Last name Daytime phone number of CEO ~t h~-,~-~- ~~,m (~51~ y~~ - ~ 7y ~ Name of treasurer Daytime phone number of First name Last name ~o. ~ s VJo~ sc.t`~o,. tr asurer: lot 1 lnl1~ - $`J-7 Type of Nonprofit Organization Check the box that best describes your organization: ^ Fraternal ~ Religious ^ Veteran ^ Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: ^ IRS letter indicating income tax exempt status ^ Certificate of Good Standing from the Minnesota Secretary of State's Office ^ A charter showing you are an affiliate of a parent nonprofit organization Proof previously submitted and on file with the Gambling Control Board Gamblin Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) S ~- ~ ~ l~,~d ~,t~. Address (do not use PO box) City State2ip Code County 3355 C~~~.,~.~~~ ~~ ~,..,~. mN ~l a1 ~0.~b-t Date(s) of activity (for r11affles, indicate the date of the drawing) ~ ~ ~~ ~(~O3 G~~~~'CLCA. ~~'~~.1~0~-• Check the box or boxes that indicate the type of gambling activity your organization will be conducting: ^ "Bingo ~ Raffles ^ `Paddlewheels ^`PulhTabs ^ •Tipboards 'Equipment for these activities must be obtained from a licensed distributor. This form will be made available in aftemative format (i.e. large print, Braille) upon request. The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota. You have the right to refuse to suppythe information requested; however, if you refuse to suppy this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a permit. If you supply the information requested, the Board will be able to process your application. Your name and and your organization's name and address wiA be public information when received by the Board. All the other information that you provide will be private data about you until the Board issues your permit. When the Board issues your permit, all of the information that you have provided to the Board in the process of applying foryour permit will become public. ff the Board does not issue you a permit, all the information you have provided in the process of appying for a permit remains private, with the exception of your name and your organization's name and address which will remain public. Private data about you are available only to the following: Board members, staff of the Board whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety, the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authored by state or federal law to have access to the information; individuals and agencies for which law or legal order authores a new use or sharing of information after this Notice was given; and anyone with your consent. /6 ,~plication for ExemptCPermit-`LG22`0 organization Name ~G~I-t h~1,..1 ~1~2..DI~ Local Unit of Government Acknowledgment If the gambling premises is within city limits, the city must sign this application. On behalf of the city, I acknowledge this application Check the action that the city is taking on this application. ^ The city approves the application with no waiting period. The city approves the application with a 30 day ^ waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class city). ^ The city denies the application. Print name of city (Signature of city personnel receiving application) Date / ! Page 2 of 2 siao if the gambling premises is located in a township, both the county and township must sign this application. On behalf of the county, I acknowledge this application. Check the action that the county is taking on this application. The county approves the application with no waiting period. The county approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days. The county denies the application. Print name of county (Signature of county personnel receiving application) Title Date I / TOWNSHIP: On behalf of the township, 1 acknowledge that the organ¢ation is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2).) . Print name of township (Signature of township offic~ acknowledging application) Title l . ~,1.1 . "~1~, Date~,_/~„~/~ Chief Executive Officer's Signature The information provided in this application is complete and accurate to the best of my knowledge. Chief executive officers signatur~~~" f~~ ~~ Name (please print) ~>Z ~~G'R~ ~- ~~r'r Mail Application and Attachments At least 45 days prior to your scheduled activity date send: • the completed application, • a copy of your proof of nonprofit status, and • a $25 application fee (make check payable to "State of Minnesota") Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 Date -1 1 ~ If your application has not been acknowledged by the local unit of government or has been denied, do not send the application to the Gambling Control Board. /9 Agenda Information Memo October 1, 2002 Eagan City Counci] Meeting F. APPROVE COMMENTS REGARDING JOINT AIRPORT ZONING BOARD ACTION TO BE CONSIDERED: To approve written comments related to the proposed zoning ordinance amendments by the Wold-Chamberlain Field Joint Airport Zoning Board. FACTS: At the September 17, 2002 City Council meeting, the Council accepted the recommendations of the Eagan Airport Relations Commission related to the proposed ordinance amendments of the Joint Airport Zoning Board. The Public Comment period for the proposed amendments closes on October 4, 2002. ATTACHMENTS: • Draft letter is attached on page ~. /d .>:_ ` city of e~gan October 2, 2002 PATRICIA E. AWADA Mayor Ms. Jenn Unruh Secretary to the Joint Airport Zoning Boazd PAUL BAKKEN Metropolitan Airports Commission PEGGY CARLSON 6040 28`~ Avenue South Minneapolis, MN 55450 CYtiDEE FIELDS MEG TILLEY Dear Ms. Unruh, Council Members The City of Eagan thanks the Minneapolis-St. Paul International Airport Wold- Chamberlain Field Joint Airport Zoning Board for the opportunity to comment on the THO.'vfAS HEDGES proposed zoning ordinance amendments. Ciw Administrator At its meeting on September 17, 2002, the Eagan City Council voted to accept the following recommendations of the Eagan Airport Relations Commission pertaining to the proposed zoning ordinance amendments. The City supports no changes in boundaries, Municipa- center: height restrictions, or the land use provisions in the present law. 3830 Pilot Knob Road Further, the City recommends that the technical consulting firm HNTB be retained to do Eagan, MN 55122-1897 additional research on engine-out accident and incident data, including directional control Phone: 651.681.4600 ~ of aircraft, and that the engine-out criteria be added to the statute and applied beyond the Fax: 651.681.4612 limits of the present Runway Protection Zones and state zones 1 and 2. TDD: 651.454.8535 ~ At the very least, the City of Eagan believes that the safety zones for runway end 30L ~ should be maintained at present distances and restrictions. The City has not presented Maintenance Facility: any economic or social impact analysis to justify the proposed change in zoning, and has no intention at this time of presenting such information. 3501 Coachman Point Eagan, MN 55122 Sincerely, Phone: 651.681.4300 Fax: 651.68 I.4360 TDD: 651.454.8535 Patricia Awada Mayor www.ciryofeagan.wm THE LONE OAKTREE The symbol of svengdt and growth in otu community / Agenda Information Memo October 1, 2002 Eagan City Council Meeting G. APPROVE FINAL INDEMNIFICATION AGREEMENT FOR MSP JOINT AIRPORT ZONING BOARD ACTION TO BE CONSIDERED: To approve the final Indemnification Agreement and authorize execution of signatures. FACTS: The City Council approved the Indemnification Agreement on September 3, 2002. A subsequent revision to the agreement was made by the general counsel to the Metropolitan Airports Commission based on comments received from city's attorneys in Bloomington and Richfield. City Attorney Dougherty has reviewed the revised language and deems the agreement acceptable. As reported previously, MAC approved the agreement with the revisions at its meeting on September 17, 2002. MAC will be circulating the agreement for execution. ATTACHMENTS: • Red-lined revised agreement is attached on pages ~ through ao D 8~3 9 11 /0 Ih~EMNIFICATION A1V'D COOPERATION AGREERIENT REGARDING THE WOLD-CHAMBERLAIN FIELD JOINT AIRPORT ZONING BOARD AND THE ML'v1~'EAPOLIS-ST. PAUL INTERNATIONAL AIRPORT ZONING ORDINANCE This Agreement is made this day of , 2002, by and between the Metropolitan Airports Commission ("MAC"), the Cities of Bloomington, Eagan, Mendota, Mendota Heights, Minneapolis, Richfield and Saint Paul and the County of Hennepin (collectively "the Entities") and Mary Hill Smith, an individual ("M. Smith'. RECITALS A. The parties to this Agreement arc all of the members of the Wold-Chamberlain Field Joint Airport Zoning Board ("the JAZB") formed pursuant to the authority of Minn. Star. § 360.063. M. Smith was appointed by the other members as Chair of the Board pursuant to the authority of Minn. Star. § 360.063, subd. 3(b). B. In 1984 the JAZB adopted the Minneapolis-St. Paul International Airport (Weld-Chamberlain Field) Zoning Ordinance ("the 4rdinancc"} to govern land use and the pernutted height of structures, vegetation and other potential obstacles in areas proximate to the Minneapolis•St. Paul International Airport ("the Airport") and under the approach and departure paths for flights to and from the Airport. ai bl/Z 'd E6til 'ON 3~I~j0 3AI1f1~3X3 3~W WdL~ ~ l ZOOZ 'l l 'd3S C. Under the provisions of the Ordinance, an employee of each of the Entities is designated as the Zoning Administrator who is responsible for administering and enforcing the Ordinance for Lands located within each respective Entity. D. Tn connection with construction of a new runway at the Airport and with other changes made ai the Airport since 1984, the JAZB is considering certain Amendments to the Ordinance ("the Amendments' that, if formally proposed by the JAZB, must be approved by the Commissioner of the Minnesota Department of Transportation ("the Commissioner's and adopted by the JAZB before they become effective. E. If the Amendments are adopted by the JAZB in a form acceptable to MAC, MAC desires that each of the Entities amend its respective comprehensive plan and zoning code to require compliance with the Ordinance as amended by the Amendments ("Amended Ordinance') and to include the Amended Ordinance as an appendix to its zoning code. MAC also desires that an employee of cash Entity act as the Zoning Administrator to administer and enforce the Amended Ordinance within its respective boundaries. F. The Entities are willing to amend their respective comprehensive plans and zoning codes and to administer and enforce the Amtndcd Ordinance within their respective boundaries. The Entities desire, however, to be protected against possible legal liability that may arise from their doing so. G. M, Smith desires to be protected against possible legal liability that may arse from serving as Chair of the Board, from actions taken by the Board and by actions taken by the Entities to amend their respective comprehensive plans and Zones codex and to administer the Amended Ordinance. til/£ 'd £6tiL 'ON 2 ~~aIddO 3A11~~3X3 ~b'W pRAFT 8{~ 9/11//0~ j Wd8£ ~ i ZOOl 'l l 'd3S. AGREEMENT In consideration of the mutual promises and consideration set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be legal]y bound, agree as follows: 1. AdoptIo» Of Amendments And Effectiveness: After the second public hearing on the Amendments, the JAZB shall send its proposed final version of the Amendments to MAC. The MAC Board of Commissioner shall either approve the proposed final draft or respond by stating the changes to the Amendments needed for this Agreement to be acceptable to the MA.C. If the JAZB changes the Amendments as set forth by the MAC Board of Commissioners and adopts the Amendments as changed, • d if uc Amendments are acceptable tQthe Commissianc of the Minnesota D~partment~f Transportation, this Agreement shall become effective immediately; provided it has been executed by MAC and the Entities. 2. Indemnification Of Entities: In consideration of an Entity's (i) amendment of its comprehensive plan to show the areas affected by the Amended Ordinance and to guide land uses in those areas in conformance with the Amended Ordinance, (ii) amendment of its zoning code to inwrporate therein a provision requiring compliance with the Amended Ordinance and to add thereto as an appendix the Amended Ordinance and (iii) designation of one of its employees to act as the Zoning Administrator to administer and enforce the Amended Ordinance within the Entity's boundaries, MAC agrees that, subject to the other provisions of this Agreement, it will indemnify and hold harmless: a the Entity; ~l/~ 'd E6bL 'ON 3 ~3~Id~0 3AI1~03X3 ~bW .. 9~ f WdB~~ l 1001 'l l 'd3S~ b. any person who serves or has served as the Entity's representative at meetings of the JAZB; and c. any officer, employee or agent of the Entity, other than an attorney employed or retained by the Entity, who may hcreaftcr.be responsible for of partioipate in administering or enforcing the Amended Ordinance within the Entity's boundaries, (collectively, "Indemnified Parties" and individually "an Indemnified Party") from and against any and all losses, liabilities, obligations, costs, expenses, judgments, settlements or other damages (including reasonable attorneys' fees and expenses and reasonable costs of investigating or defending any claim, action, suit or proceeding or of avoiding the same or the imposition of any judgment or settlement) suffered by the Indemnified Party resulting from or arising out of any act of that Indemnified Party in connection with the consideration and adoption of the Ordinance and Amendments by the JAZB, the amendment of its comprehensive plan to show the areas affected by the Amended Ordinance and to guide land uses in those areas in conformance with the Amended Ordinance, the amendment of its zoning code to require compliance with the Amended Ordinance, the incorporation of the Amended Ordinance as an appendix to its zoning code and administration or cnforccinent of the Amended Ordinance by the Entity. 3. Indemnification Of 1VX. Smith: In, consideration of M. Smith's service as the Chair of the JAZB, MAC agrees that, subject to the other provisions of this Agreement, it will indemnify and hold harmless M. Smith from and against any and all losses, liabilities, obligations, costs, expenses, judgments, settlements or other damages {including reasonable attorneys' fens and expenses and reasonable costs of investigating or defending any claim, ~4 DBAFTS~19/I1//OZ bl/S 'd E6bL 'ON ~ 3~Idd0 3AI1~~3X3 adW WdBE ~ l zooz 'l l 'd3s action, suit or proceeding or of avoiding the same or the imposition of any judgment or settlement) suffered by M. Smith resulting from or arising out of any act of M. Smith as Chao' of the JAZB, in connection with the consideration and adoprion of the Ordinance and Amendments by the 3AZB or out of the acts of the Entities to amend their comprehensive plans to show the areas affected by the Amended Ordinance and to guide land uses in those areas in conformance with the Amended Ordinance, to amend their inning codes to require compliance with the Amended Ordinance, to incorporate the Amended Ordinance as an appendix to their zoning codes or to administer or enforce the Amended Ordinance. Therefore, for the purposes of this Agreement, M. Smith shall also be an Indemnified Party. 4. Limitations And Ezelusions: MAC will not indemnify an Indemnified Party with respect to liabilities or costs resulting from or arising out of: a. a failure by the Indemnified Party or an official, employee or agent of the Indemnified Party to follow the procedures established by the Amended Ordinance, by the comprehensive plan or zoning code of the respective Entity or by applicable state law in performing any act as to which indemnification would otherwise be available under this Agreement; b. the gross negligence or willful misconduct of an Indemnified Party or an official, employee or agent of that Party in performing any of the acts as to which indemnification would otherwise be available under this Agreement; c. actions involving self-dealing or conflict of interest by the Indemnified Party or an official, employee or agent of that Party; or d. actions of any individual (whether or not that individual is an Indemnified Party) not performed in an official capacity as a representative of the ~l/9 'd ~6ti1 'ON S as 3~Idd0 3AI1(1~3X3 ~dW ~RAF~B~ 9/11//OZ Wd B~~ l _Z O O Z' l l 'd 3 S ,,,.,,,~, Entity of which the individual is an official, employee or agent and in direct performance of the individual's duties- 5. Notict Of Claim: If an Indemnified Party receives notice of a claim or of the commencement of an action or proceeding with respect to which the Party believes MAC is required by this Agreement to provide indemnification ("Claim', the Party must give written notice thereof to MAC within 21 calendar days if the Claim is not asserted in a formal complaint in a legal proceeding, or within I O calendaz days if the Claim is asserted in such a formal complaint ("Notice of Claim"). The failure to give Notice of Claim within the time specified in this section shall relieve MAC of its obligations under this Ageement to • if in MAC's reasonable judsnnent the failure is materially prejudicial to MAC's ability to negotiate, settle or defend the Claim. 6. Assumption Or Rejection Of Defense: Within 10 days after receiving a Notice of Claim in accordance with section S of this Agreement, MAC must notify the Indemnified Party providing the Notice of Claim either; a. that MAC .vill assume complete control of the negotiation, settlement and defense of the Claim and will be responsible for the entire amount of any costs incurred in negotiating, settling and defending the Claim, including any amount required to be paid in settlement of the Claim or in satisfaction of a final judgment, after the conclusion of any appeals, in a lawsuit based on the Claim. MAC must also notify the Indemnified Party of the name and address. of the counsel whom it has assigned or retained to perform MAC's duties under this section. Thereafter, except with the consent of the Indemnified Party, MAC may not enter into any settlement of 6 DRAFT 8/3~ 9!111/02 I til/L 'd E6tiL 'ON ~~ 3~Idd0 3AI1(1~3X3 ~dW Wd8E • l 100Z 'l l 'd3S the Claim that does not include, as an unconditional term of such settlement, receipt from the claimant of an unconditional release to the Indemnified Party from all liability with respect to such Claim; or b. that the Claim is not a claim for which indemnification is required under this Agreement and that MAC therefore declines to provide indemnification. In such a case, the Indemnified Party may itself control the negotiation, settlerncnt and defense of the Claim at ita own expense and may select counsel of its own choice for that purpose, and MAC must cooperate with the Indemnified Party in the respects described in sections 7.a, 7.b and 7.c of this Agreement as if MAC were an Indemnified Party. 7. Cooperation Of The Yndemnified Party: As a condition of MAC's obligation to indemnify and hold harmless, an Indemnified Party and any Entity with which an individual Indemnified Party is associated: a. must make available to MAC and its counsel all of its books, records and documents that MAC or its counsel determines to be necessary for the defense of any Claim for which indemnification is sought; b. must cooperate fully with MAC to secure any information or testimony that MAC or its counsel doteanines to be relevant or material to the Claim; c. must execute all necessary pleadings or other documents in any litigation arising out of, or with respect to, any Claim when requested to do so by MAC or its counsel; provided however, that an Indemnified Party may have counsel of its own choice review any such pleadings or documents, provided that MAC will not be liable til/8 'd E6ti~ 'ON 7 ~3~Idj0 3AI ~ 1 3X3 ~'dW DRAFT 8l~ 9/1 t//02 WdBE ~ l ZOOi 'l l 'd3S for any expenses re]ating to an Indemnified Party's consulting such separate counsel; and d. must not settle or compromise any Claim for which MAC has undertaken the Indemnified Party's defense without the prior written consent of MAC: 8. Termination Of Indemnification Obligation: MAC's obligation to provide indemnification pursuant to section 2 of this Agreement will terminate: a. as to an Entity and any Indemnified Parry associated with that Entity, if the Entity, having amended its respective comprehensive plan and zoning code as required by section 2 of this Agreement as a condition of its becoming eligible for indemnification, thereafter further amends its comprehensive plan or zoning code so as to change materially the provisions previously adopted pursuant to section 2 of this Agreement; b. as to any Indemnified Party, if the Indemnified Party or an Entity with which an individual Indemnified Party is associated fails to perform any of its obligations under section 7 of this Agreement and does not correct such failure within ~9-~0 days after being given notice by MAC that MAC will cease to provide indemnification if the failwe is not corrected; c. as to any Indemnified Party, if the Indemnified Party or an Entity with which an individual Indemnified Party is associated fails to perform its obligations under section 5 of this Agreement and if such failure is materially prejudicial to MAC's ability to negotiate, settle or defend the Claim; or d. as to any Indemnified Party, if, after MAC has assumed responsibility for a Claim under section 6.a of this Agreement, MAC or a court or other adjudicating 8 DRAFT S~ 9/t Ul02 til/6 'd l;6tiL 'ON ~ ~ 3~I ~d0 3AI1~~3X3 adW Wd6E~l iaot'll'd3s entity subsequently determines that the Claim is of a type described in section 43 of this Agreement, as to which no indemnification is required, in which case MAC must promptly notify the Indemnified Party that it will no longer provide indemnification. Iv~C agrees to notify an Xndemnified Party proniptlY if MAC dcte mines that one of the Limitations or Exclusiot s in section 4 mxy appl~In the case of a termination pursuant to section 8.d of this Agreement, MAC shall be entitled to reimbursement of its costs incurred pursuant to section 6.a of this Agreement, and upon receipt of an itemized bill for those costs from MAC, the Indemnified Party shall promptly reimburse MAC for the billed costs. 9. Separate Representation Of Indemnified Party: If an Indemnified Party reasonably determines that there may be a conflict between the positions of MAC and the Indemnified Party in connection with the defense of a Claim, or that there maybe Legal defenses available to the Indemnified Party different from or in addition to those being asserted on its behalf by MAC, counsel for the Indemnified Party may conduct, at the Indemnified Party's own expense and at no expense to MAC, a defense to the extent that the Indemnified Party's counsel believes necessary to protect the Indemnified Party's interests. In any event, the Indemnified Party shall be responsible for all fees snd expenses of its separate counsel arising from or related to the defense of a Claim for which MAC has assumed responsibility under section 6.a of this Agreement. I0. Resolution Of Disputes Between Parties: If a dispute arises between MAC and an Indemnified Party concerning either party's compliance with or obligations under this Agreement and the parties are unable to resolve the dispute by negotiation or other procedure (including mediation or arbitration) on which the parties may agree at the time, any lawsuit til/Ol 'd E6tiL 'ON 9 C~ 3~Idd0 3AI1(1~3X3 ~bW AR,a-~*r 8 9ntiro2 WdbE ~ l 1001 'l l 'd3S~ arising from the dispute must be filed in the Minnesota District Court for the Fourth Judicial District (Hennepin County). 11. Notice: Any notice, direction, or instrument to be delivered hereunder shall be in writing and shall bo delivered to the following: To MAC: Metropolitan Airports Commission Attn: Thomas W. Anderson, Esq. General Counsel bO4O 28f'' Avenue South Minneapolis, MN 55450-2779 To City of Bloomington: [Name and address of responsible person] To City of Eagan: [l~'amc and address of responsible person] To City of Mendota: [Name and address of responsible person] To City of Mendota Heights: (Name and address of responsible person] 7o City of Miru~eapolis: [Hama and address of responsible person] To City of Richfield: [Name and address of responsible person] To City of Saint Paul: [Name and address of responsible person] To County of Hennepin: [Name and address of responsible person] To M. Smith Mary Hill Smith 515 North Ferndale Road Wayzata, MN 55391 Such notice shall be either (i} personally delivered (including delivery by Federal Express or other overnight courier service) to the addresses set forth above, in which case'it shall be deemed delivered on the date of delivery to said offices, or (ii) sent by certified U.S. Mail, return receipt requested, in which case it shall be deemed delivered on the date shown on the receipt unless delivery is reRised or delayed by the addressee, in which event it shall be deemed delivered on the 3~' business day following deposit in the U.S. Mail. 10 30 til/ll 'd ~bbL'ON 3~Id3O 3AI1~~3X3 ~dW WdbE~l 100Z'll'd3S Parties may change to whom notice shall be given by giving notice in accordance with this section, provided that no party may require notice to be sent to more than two addressor, Any individual who eiasms entitlement to indemnification under this Agreeiiment must include with the Notice of Claim required by section 6 of this Agreement the address to which any notice, direction or instrument undex this paragraph should be delivered to that individual. 12. Captions: The section headings in this Agreement are for convenience of reference only and shall not define, limit or prescribe the scope or intent of any provision of this Agreement. 13. Constriction: The rule of strict construction shall not apply to this Agreement. The Agccment shall not be interpreted in favor of or against either MAC or any Indemnified Party merely because of their respective efforts in preparing it. 14. Governing Law: This Agreement shall be governed by the laws of the State of Minnesota. 15. Complete Agreement; Amendment: This Agreement sets forth the complete agreement of the parties with respect to its subject matter. It maybe amended, modified or waived as between MAC and any Indemnified Party only by a writing signed by both of them. 16. Signatures: This Agreement maybe executed in any number of counterparts, each of which when so executed shall be deemed to be art original, and such counterparts together shall constitute and be one and the same instrument, Each signatory below ~l~Zl 'd ~6tit 'oN 11 DRAFT 81~ 9/11!/02 ~~ 3~Idd0 3AI1f1~3X3 a'dW Wd6E ~ t Zooz 'l l 'd3S represents and warrants that he or she is expressly authorized to enter into this Agrecnzent on behalf of the Party for which that person is signing. Dated: Dated: Dated: METROPOLITAN AIRPORTS COMMISSION By Its CITY OF BLOOMINGTON By Its CITY OF EAGAN By Its Dated: CITY QF MENDOTA HEIGHTS By til/~l 'd E6tiC 'dN Its 12 3~ 3~Idd0 3AIlf1a3X3 ~dW per s~ 9n vroz ~ Wd6E ~ l Zaoz 'l l 'd3S SEP. 11. 2002 1:39PM ~ z u ~ ~s MAC EXECUTIVE OFFICE ~~ £i N0. 7493 P. 14/14 ~C't?Iti maairoar) x~awartV wneA~!o~wt • lZVt-~v-vr+hxuw+~~1L H.I.TNIS 'IZI~I A2i~L~I :pa3~Q ~1 ~g i~IId3I~iI1$H 3O1~.I.Nt1O~ s1I . ~g 'Ifldd .I.l~IIdS 3O1~.I,X~ ~I ~g :pa~EQ :pa~EQ Q'I3I3H~RY 3O1t.LI~ :pa~eQ ~I ~Cg SI'IOdd3NriIL~I 3O1~.L ~ :p7tEQ Agenda Information Memo October 1, 2002 H. DECLARE 1988 LEEBOY PAVER/GRINDER AS SURPLUS PROPERTY TO BE SOLD AT AUCTION ACTION TO BE CONSIDERED: To declare a 1988 LeeBoy Paver/Grinder as surplus property to be sold at auction. FACTS: • The Streets Department no longer has use fora 1988 LeeBoy Paver/Grinder and has requested this piece of equipment be sold at an upcoming auction. There is no intent to replace this equipment at this time. • State Statutes require the City to declare any excess property to be disposed of or sold at auction as surplus property. 3~ Agenda Information Memo October 1, 2002 I. APPROVE LIST OF ELECTION JUDGES FOR THE NOVEMBER 5.2002 GENERAL ELECTION ACTION TO BE CONSIDERED: To approve the list of election judges for the November 5, 2002 General Election. BACKGROUND: For the General Election, the City of Eagan recruits student election judges from the area high schools. Students were recruited from Eagan, Burnsville and Eastview High Schools to assist at the polls. A list of the student judges from Burnsville High School will be provided in Monday's Additional Information packet for Council's approval. ATTACHMENTS: Attached on pages ~ through 4~Ris the list of election judges for the General Election. 3S November S, 2002 -General Election Judges LAST NAME FIRST AGRIMSON LOIS ALLEN CAROL AMUNDSON GEN ASTLEFORD SHARON BAHR DARLENE BAKER MARION BART JOSEPH BASSETT ELIZABETH BAUER FRAN BEATTY DICK BECK SIDNEY BELLILE GROVER BERKOPEC JINNY BLACK NEAL BOHLIG JOAN BONNETT JASON BRASTAD VIVIAN BREUER PENNY BRUCE ELEANORE BRUCE SHARON BRUCE LARRY BURKARD SHIRLEY CAREY RODNEY CARLSON DOROTHY CARNEY PETER CESARIO URSULA CHAPMAN SARA CHRISTENSEN CLARENCE . - ~ . , - mss. a zm.rrs~~,~ wKa~~z~ . , ~, Thursday, September 26, 2002 Page ? of 8 3~ LAST NAME FIRST CHRISTENSEN CHRISTOPHERSON COLEMAN COMBS COOK COOK CORDES CORDES DEFRANG DENNY DI NELLA DOLPHAY DRISCOLL EDWARDS ENGEN ERICKSON ERICKSON FAIRCHILD FISCHER FOSTER FREDLUND FREDLUND FROST FROST GIGNAC GLANDER GLANDER GOESS GOETZ GOIN Thursday, September 26, ZOOZ TRUDY JUDY TONY PAMELA MIKE LARRY KATIE BARB MARILYN KELLY BRUNO MARGARET JAMES CONNIE BONNY CINDY DAVE CARALYNE CHARLES LINDA ELLEN ROGER CECILIA THOMAS MILLIE CHARLES JUDITH ART RUTH LIZ ~,>:~ Page 2 oj8 ~~ LAST NAME FIRST GOOD PATTI GOODELL DAVID GRIMMER ELEANOR GUETZLAFF MARTI HAGEN LORI HANSEN PAUL HANSEN MART HANSEN JUDY HARMON JEAN HARTLEBEN MILDRED HASH HERDIS HASH ORLANDO HAUSLADEN NANCY HAUSLADEN RAY HEALY BEA HEIR DONNA HERNANDEZ MARY HUDSON BILL HUSEVOLD SVEIN IFFERT RICHARD JABBRA VICKIE JACKSON JAMES JACKSON ELIZABETH JEWETT SUSAN JOHNSON LUCIA JOHNSON MERIBETH JOHNSON GERALD JOHNSON PENNY JONES MARGIE JONES ANN ... ~. , <.. ~ r r . ~.-t Thursday, September 26, 2002 Page 3 of 8 38' LAST NAME FIRST JORGENSON DARLETTE JUST MARY KAEDER PATRICIA KAHN JAMES KAHN CARRIE KENNEDY HELEN KENNELLY BETTY KILLIAN JOAN KIVI DEANNA KLANG SHIRLEE KOEHLER JEANNE KORDELL RITA KREITZ ALICE KRISNIK YVONNE KRUEGER PAM KRUEGER GARY KULLER ABBEY LANDGREBE CYNTHIA LANE MARIE LAURIENZO JENNIFER LAVICTOIRE JAMES LAWRENCE WALTER F. LEEAN DON LEGLER HERB LEGLER MARILYN LEIBEL ARLENE LEMAY BERNIE LEMAY RICHARD LIEBENOW LUELLA LIEBENOW CAMERON Thursday, September 26, 2002 Page 4 of 8 39 LAST NAME FIRST LINK LOUIS MACKEY MANKE MARCH MARKEE MART MART MAYERS MAZIERSKI MCGUIRE MCLAUGHLIN MECKLEY MEEGIN MILLER MIRICK MOLITOR MUNSON MYERS NAMUR NELSON NELSON NICOLAY NICOLAY OHM OLSON OPRIS OTTERNESS PARSONS PASKETT ARTHUR CHARLEEN BETTY JO ANN BARBARA ANN WAYNE SHIRA KIM AL ROSE ANN MARY LAVERNE ROBERT MARGARET SHARON ZELLA LARANE RUTH CHRISTINE NANCY JUDITH A JUNE VIRGINIA RICHARD ELDORIS DOUGLAS DOROTHY EVELYN ELINOR JIM Thursday, September 26, 2002 Page S oj8 ~f D LAST NAME FIRST PATNODE PAUL PEARSON PETERSON PETERSON PFEIFER PHILLIPS PILNEY POLISTER POPPLER PORTER PUDELL OUASHIE RAMIREZ RAMSEY RASK REISDORFER REISDORFER RESTAD REYMANN RICKE RIEGER ROACH ROHLAND ROSS RUZICKA SAIMA SAKKINEN SAMSHAL SANDISON Thursday, September 16,1002 JIM PATTI DARLENE HELEN JUDY CARLA CHARLEEN MARY JUNE PAT MARILYN DEB GLENDA MAUREEN BETTY PAT STAN KATHY ARLAN PAT PATRICIA LORRAINE ANN BOB BETTY MARTIE JUDY ROBERT HOLLY BETTY Page 6 oj8 5`/ LAST NAME FIRST SCHAUBSCHLAGER KIM SCHMITZ PAMELA SEKTNAN DONALD SEVERSON JODY SHAY SHEILA SHEARON MARY SIA JESSE SIROTIAK ANDREW SKINDELIEN MICHELLE SKLUZACEK TED SMITH NANCY I SORENSON SEDONIA (SID) SOUIERS PHYLLIS STRUBLE DAWN SWAN NITA SWEDEAN DICK SWEDEAN JOYCE TAYLOR CEYLON TEICH JANE THOMAS ANN THURSTON CAROLYN TREMPER VICKI TUDiSCO SANDI TWOMEY RUTH TYRE ROYCE UECKER KAREN USELMANN JOAN VANDYCK LOTS VERPLOEG GLADYS VIHOVDE CAROL .. r .., . _ ,<< ~- Tl:ursday, September 26, 2002 Page 7 of 8 f~ LAST NAME FIRST VIHOVDE FRED VIMR ROSE VOGEL BOB YOLK ARDITH VOLK MICHAEL VOSSEN BETTY WANDERSEE KAY WARWEG CAROLYN WASHINGTON MARY WEISE SHARON WERT SANDRA W ESTBROOK MAVIS WETHERALL NEAL WILKES, SR. ANTHONY WISNEW FRANK WOLFF LISA WRYCZA JULIE YOUNG CORINNE u.,,. , ._ .,,F_F. ~b._..~.~...~~~~~ _ ~~~,,.~. ~u.~:.~~_.~_4,_~~.~.ri_.~:..~:.,.,~~a.a..~~~,_,~_. .. Thursday, September 26, 2002 Page 8 of 8 5~~ CITY OF EAGAN Election Judges -Absentee November S, 2002 -Genera! Election Elaine Fischer Karen Flood 12202 Coffee Tr. 1518 Lone Oak Rd. Rosemount, MN 55068 Eagan, MN 55121 651-423-3974 651-454-2631 Mary Jane Pedersen Lorene Lee 3763 Brown Bear Tr. 2145 Marble Ln. Eagan, MN 5 5122 Eagan, MN 5 5122 651-454-5567 651-454-3587 Ruth Perin Pat Larson 4134 Ruby Ln. 12767 Diamond Ct. Eagan, MN 55122 Apple Valley, MN 55124 651-406-9793 952-423-4489 Kim Hazel Virginia Anne Klima Loughman 3949 Pumice Ct. 14748 Easter Ave. Eagan, MN 55122 Apple Valley, MN 55124 651-454-8006 952-423-2997 _ Jenny Burwell Carol Tumini 1005 Danbury Ct. 1310 E. Balsam Tr. Eagan, MN 55123 Eagan, MN 55123 651-688-0489 651-683-0628 s~v Student Election Judges -November 5, 2002 General Election Eagan High School Tara Allen Stephanie Mardell Jenna Ashton Beth Kalb Dan Bjerke Brad Carll Ken Izerbigie Dennis Lindgren Karrie Nelson Kristen Shobeck Burnsville High School List unavailable at this time. Eastview High School Shannon Sunderlin Andrew Freier Jamie Howard Kelly Holtz Ben Holten Miles Polster Nicole Birk Stephanie Mikkelson Amber Cambridge Braeden Kleven Carl Buchberger Micah Pace Steve Shega Dayna Rose Pat Cassada Amanda Angstman Charlie Carter Stacey Wechsler Phil Wiese Troy Miley Maggie McCormick Aleron Latiker Michelle Graf Jenna Jacobson Jason Bressler Derek Kevker Chris Lammers 4yR Agenda Information Memo October 1, 2002 Eagan City Council Meeting J. SET PUBLIC HEARING DATE FOR NOVEMBER 7.2002 TO CERTIFY DELINQUENT FALSE ALARM BILLS ACTION TO BE CONSIDERED: To set a public hearing for November 7, 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 10 delinquent accounts in the amount of $1,822.50. Additional information will be provided at the time of the public hearing. K. SET PUBLIC HEARING DATE FOR NOVEMBER 7, 2002 TO CERTIFY DELINQUENT WEED CUTTING BILLS ACTION TO BE CONSIDERED: To set a public hearing for November 7, 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 1 delinquent accounts in the amount of $196.66. Additional information will be provided at the time of the public hearing. L. SET PUBLIC HEARING DATE FOR NOVEMBER 7, 2002 TO CERTIFY DELINQUENT BOARD UP SERVICE BILLS ACTION TO BE CONSIDERED: To set a public hearing for November 7, 2002 to consider the final assessment of the delinquent board up service bills and certify them to Dakota County for collection with property taxes. FACTS: On asemi-annual basis, the City reviews and considers delinquent board up service balances for certification to property tax statements for collection. The City currently has 1 delinquent accounts in the amount of $1196.80. Additional information will be provided at the time of the public hearing. ~~ Agenda Information Memo October 1, 2002 Eagan City Council Meeting M. Certification of Delinquent Utilities ACTION TO BE CONSIDERED: To approve or deny a Public Hearing for Delinquent Utility Bills. FACTS: There are several delinquent utility bills that need to be certified to Dakota County for collection with the property taxes. ~f 6 Agenda Information Memo October 1, 2002 N. APPROVE 7-1-02 TO 6-30-03 GENERAL INSURANCE RENEWAL ACTION TO BE CONSIDERED: To approve the general insurance renewal for the period 7-1-02 to 6-30-03. FACTS: • The City has received information for the general insurance coverages. The renewal proposed has been assembled through the efforts of Pat Meger of Arthur J. Gallagher & Co., the City's insurance representative. • General insurance coverages include buildings and contents, equipment, automobile, general liability and numerous smaller areas of risk exposure. • Official quotations were not solicited, but other markets have been reviewed through the yeazs. The general conclusion is that there aze no providers who can match the League of Minnesota Cities Insurance Trust (LMCIT) for both price and coverages. Consequently, we have only quote from the LMCIT to present to the City Council for consideration. • The comparative premium summary by coverage type is as follows: Coverage LMCIT Property Municipal Liability Auto Liability Auto Physical Damage Petrofund Open Meeting Law Blanket Bond Boiler & Machinery Other carrier: Increase 2001/2002 2002/2003 Amount Percent $ 69,808 61,250 $ (8,558) -12.3% 162,038 181,355 $ 19,317 11.9% 31,028 31,694 $ 666 2.1% 18,789 19,093 $ 304 1.6% 725 977 $ 252 34.8% 2,883 3,248 $ 365 12.7% 1,216 1,585 $ 369 30.3% 8,243 9.676 $ 1,433 17.4% 294,730 308,878 14,148 4.8% ~~~This coverage is for accidental death and dismemberment for the volunteer firefighters. ~~ Agenda Information Memo October 1, 2002 The LMCIT package premium (including property, municipal liability, auto liability/auto physical damage, mobile property, blanket bond, fireworks, and boiler/machinery coverages) is $11,671 higher (4.2%) than last year. The lazger coverages are changing as follows: Property The insurable replacement values increased 1.011 % from $58,081,248 to $64,374,673. The average rate on the property coverage decreased from .11051 to .08582. The changes in property are the addition of the community center and the decrease of the Property in the Open at Cascade Bay from $3,645,904 to $507,522. A re-evaluation of the coverages for underground equipment by our insurance representative resulted in a decrease in the Property in the Open coverage at Cascade Bay. The Mobile Equipment coverage on equipment valued at greater than $25,000, increased from $1,243,972 to $1,440,531 and the equipment valued at less than $25,000 increased from $1,049,924 to $1,061,473. Municipal Liability The estimated operating expenditures used for the municipal general liability operating expenditures are up 9% to $21,893,900. The municipal liability expenditures used for the 2001 /2002-coverage term was $20,082,600. The liability experience factor is up from 1.013 to 1.024. The underwriter explained that the City does not have a loss experience credit, due to four (4) land use liability and three-(2) errors & omissions claims being paid and/or reserved. The policy term of 1999/2000 had the biggest impact on the loss factor, with one (1) land use liability claim involving EHW Properties in which the settlement totaled $248,858 and one (1) E&O claims involving Michael Vincent in which the settlement totaled $103,261. Auto Liability and Physical Damage The renewal contains 197 vehicles, compared with 212 vehicles on last yeaz's renewal. The auto liability premium is influenced by the municipal liability loss experience. S~~ Agenda Information Memo October 1, 2002 Eagan City Council Meeting O. CONTRACT 02-15B, COMMUNITY CENTER SITE IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 2 to Contract 02-15B (Community Center Site Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 02-15B provides for various improvements within the Community Center site, including parking lot, trail, ponding, and landscaping construction, as authorized by the City Council March 6, 2001 with approval of the Central Park Master Plan. • The change order provides for the excavation of pond material within Pond CP-4 on the Community Center site to allow for proper drainage to the existing pond outlet structure. The excavation of the material was necessary after heavy rains this past summer caused the pond bank's material to slough around the outlet structure and block proper drainage to the structure. • The cost of the work is consistent with bid prices for relevant bid items on other projects within the City of Eagan. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for an additional cost of $2,570 (0.11% of original contract. The cost of the additional work under the change order will be the responsibility of the City Storm Sewer Fund and the allocated funds for the Central Park site. ATTACHMENTS: • Change Order No: 2, pages~through.S 5~ 9 ~ ~`n city of eagan CONTRACT #: 02-15B PROJECT #: 803 CHANGE ORDER #: DATE: September 23.2002 PROJECT NAME: Community Center Site Improvements PROJECT DESCRIPTION This project is proposed to complete the parking lots, access drives, pond construction, trails and sidewalks, streetlights and the grading and landscaping of the Community Center property. CONTRACTOR: F.M.. Frattalone Exc. & Gradine 3066 Spruce Street St. Pau! MN, SS 117 ENGINEER: City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 DESCRIPTION OF CHANGE ORDER WORK: Excavation of earth berm and silt material to allow the pond to drain to the outlet structure. JUSTIFICATION FOR/PURPOSE OF CHANGE ORDER: The excavation of this material is needed to allow the existing pond outlet to operate as designed. *All unit prices were negotiated between City staff and the contractor. DESCRIPTION OF WORK ITEMS: ITEM UNIT QTY UNIT PRICE DOLLAR AMT Backhoe Hour 5 $ 130.00 $ 650.00 Backhoe Hour 12 $ 160.00 $1,920.00 (including Mats) TOTAL CHANGE ORDER #2 $2,570.00 CONTRACT STATUS TIME/COMPLETION DATE AMOUNT Original Contract: _ June 1.2003 $2.393.454.90 Change Order: June 1.2003 S 2.570.00 Subtotal of Previous Change Orders: $ 21.710.00 This Change Order: $ 2 570 00 New Subtotal of All Change Orders: ~ 24 280.00 Revise Contract: S 2 417 734 90 Percent Increase or Decrease for this Change Order to Original Contract Amount: 0.11% Percent Increase or Decrease for Total of Ail Change Orders to Original Contract Amount: t~O I.OI% RECOMMENDED FOR APP OVAL: By: ~1 Project Manager sy: ~`~- - Z6 -0 2 City De ent Manager City of Eagan Council Action: Mayor: Clerk: Date: DISTRIBUTION 1 -City 2 -Contractor 1 -Engineer G:CH~.NGE ORDERSR002J 02-16 # 1Commercial Demo Date: si Agenda Information Memo October 1, 2002 P. PROJECT 866. CEDAR GROVE REDEVELOPMENT AREA STREETSCAPING IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an Agreement for Project 866 (Cedar Grove Redevelopment Area - Streetscaping Improvements) with AT&T Broadband and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 866 provides for the streetscaping and lighting of the Cedar Grove Redevelopment area as outlined and discussed in the feasibility report. It incorporates decorative street and trailway lighting, decorative pedestrian paving, fencing, entrance monuments, landscaping, irrigation and miscellaneous amenities. • On April 2, 2002, the City Council approved Project 866, in conjunction with Project 800R (Cedar Grove Access Modifications -Street Intersection Reconfiguration), including the burying of all above ground utilities. • The streetscaping adjacent to Silver Bell Road, Cedar Grove Parkway and Cedarvale Boulevard included the underground placement of all private utility lines providing service to the adjacent properties. • Cost estimates were obtained for all required work by each of the individual utility companies. The estimated value of the relocation work includes placement within the public right-of--way within the Cedar Grove Redevelopment area. • An agreement between the City of Eagan and AT&T Broadband has been prepared providing for the cost of burying the existing overhead cable lines. As set forth in the agreement, the City's financial share of these improvements is 100% of the construction, engineering, and inspection costs (Estimated Total Construction Cost = $97,200). • City staff have reviewed this agreement and found it to be similar to other utility line relocation costs and in order for favorable Council action. Sa Agenda Information Memo October 1, 2002 Q. SILVER BELL ADDITION (KENNEBEC DRIVEL EASEMENT VACATION ACTION TO BE CONSIDERED: Approve resolution revising legal description of previous easement vacation along Kennebec Drive. FACTS: • On July 19, 1988, the City Council approved a resolution vacating a portion of the street easement dedicated on the plat of the Silver Bell Addition, northeast of the intersection of Kennebec Drive and Silver Bell Road. • Development is currently proposed for the parcels within the Silver Bell Addition that were affected by the previous easement vacation. • The properties to be developed are Torrens properties. The original resolution vacating the easement omitted any reference to the easement being dedicated as part of the Silver Bell Addition. • The title examiners for the prospective property owner and developer have requested that the easement vacation resolution be revised to reference the original plat dedication of the easement. • City staff have reviewed this resolution and found it in order for favorable Council action. ATTACHMENTS: • Graphic, page .~ S3 /,w SY Agenda Information Memo October I, 2002 Eagan City Council Meeting R. EXTENSION FOR RECORDING CONDITIONAL USE PERMIT - EAGAN TIRE & AUTO SERVICE ACTION TO BE CONSIDERED: • To approve athree-month extension for recording the Conditional Use Permit for Eagan Tire & Auto Service. FACTS: • The Eagan Tire & Auto Service Conditional Use Permit was approved by the City Council on August 6, 2002. Per the City Code the Conditional Use Permit should be recorded within 60 days. According to the applicant, they have not closed on the property yet and plan on closing before the end of the year. ATTACHMENTS: (1) • Letter from applicant page„ ss September 16, 2002 - To: Eagan City Council I would like an extension on the conditional use permit for Eagan Tire & Auto Service that you approved on August 6, 2002 until December 20, 2002. Thank you, Agenda Information Memo October 1, 2002 Eagan City Council S. EXTENSION FOR RECORDING CONDITIONAL USE PERMIT - WAL-MART ACTION TO BE CONSIDERED: To approve a 60-day extension of time to record a Conditional Use Permit for Wal-Mart for property located at 1360 Town Centre Drive in the NW '/4 of Section 15. FACTS: The City Council approved the Conditional Use Permit on June 4, 2002. A 60-day extension of time to record the CUP was approved on August 6, 2002. With this 60-day extension, the deadline for recording the CUP would be December 3, 2002. Upon approving this CUP, the Council took action to revoke a previous CUP on this property (produce stand). The City attorney drafted a revocation agreement for that purpose, and Wal- Mart is in the process of obtaining the necessary signatures on that agreement. The revocation agreement must be completed before this CUP can be recorded. • A letter from the applicant is attached. ATTACHMENTS (1): ~~ Letter from Wal-Mart dated September 24, 2002, page S7 ., a_i~' ti /' 'tit' [T = ~i r! at-1.1aR deal Estate Bdsiness -rust Realty Management Dept :.'a~-r.1art Sires, Inc. 'Annette Kdb d, a~-Man Scares East, Inc ~ ~ Beatty Manager ;'!a!d.1art Reahy Co ,Inc. !: al-star, sous ana. LLC a~-r.tan Stores, Texas, LP Phone Number :: a; '.tart Stores gas; :P 1479,'204-0588 ;gin s Real Estate 9usiness Trust Facsimile Sa^, s East Inc. !479x204-0096 San s ~ti'es:. Inc. Email annette.kolb~awa1- ~a^,; PW , Irr. i mart.com REALTY MANAGEMENT DEPT.#44-9391 * 2001 S E 10TH STREET * BENTONVILLF, AR 72716-0550 * 479;204-0588 September 24, 2002 'amela Dudziak, Planner C1T1' OF EAGA:~ ?330 Pilot Knob Road i-:a:an. MN 55]22-1897 R i-: Store n 1786 Revocation of Conditional Use Permit (Seasonal Food Stand) I )~2r Ms. Dudziak: ,~ ~ aer our phone conversation today. I am sendine you this letter to request an extension of time for the above :n~~t;oned document and CUP which we have previousl}' requested. 1 7e Revocahon of Conditional Use Permit was sent to Farida Ali at Fidelity Corporate Reai Estate to be signed for :hr Landlord and then forward directly on to you. V~'e did advise her that we had a deadline to meet and I included an addressed envelope with your name on it. , E?vp:full, , .'ou still might receive these documenu and not need this request for an extension. hanks so much for your help. If you have any questions you can call me at 479-204-0031. Smcereh. Diane De'vlare As~istan to Annette Kolb D~ d. sir Agenda Information Memo October 1, 2002 Eagan City Council Meeting T. APPROVE COMPREHENSIVDE GUIDE AMENDMENT SPECIAL AREA NO 7 BLUE CROSS BLUE SHIELD OF MN ACTION TO BE CONSIDERED: To continue the comprehensive guide amendment for Special Area No. 7, Blue Cross Blue Shield of MN. Sy Agenda Information Memo October 1, 2001, Eagan City Council U. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING/ PRELIMINARY PLANNED DEVELOPMENT, AND PRELIMINARY SUBDIVISION (GREYHAWK ADDITION) -MARK GERGEN & ASSOCIATES ACTION TO BE CONSIDERED: To approve and implement a Comprehensive Guide Plan Amendment changing the land use designation from RC (Retail Commercial) to MD (Medium Density Residential) upon 3.3 acres of and located east of Blackhawk Road, north of Diffley Square, and west of Interstate 35E in the SE '/4 of Section 30. To approve and implement a Rezoning from RB, Roadside Business to PD, Planned Development, and a Preliminary Planned Development for the construction of townhomes upon 3.3 acres of land located east of Blackhawk Road, northeast of Diffley Square, and west of Interstate 35E in the SE '/4 of Section 30, subject to the conditions listed in the June 25, 2002 APC minutes. To approve a Preliminary Subdivision (Greyhawk Addition) to create 45 lots and three outlots upon 8.4 acres of land located east of Blackhawk Road, north of Diffley Square, and west of Interstate 35E in the SE '/4 of Section 30, subject to the conditions listed in the June 25, 2002 APC minutes. FACTS: • Mark Gergen & Associates is proposing to construct 44 townhomes on this site. The proposed Preliminary Subdivision consists of 44 lots for townhomes, one lot for an existing single-family home and three outlots for a private street and future development. • The Advisory Planning Commission held a public hearing on the Comprehensive Guide Plan Amendment for the 3.3-acre parcel on March 26, 2002 and recommended approval. • The Advisory Planning Commission held a public hearing on the Preliminary Planned Development and Preliminary Subdivision for the entire 8.4-acre site on June 25, 2002 and recommended approval subject to conditions. • The City Council reviewed the proposed Preliminary Subdivision and Preliminary Planned Development for the entire 8.4-acre site on July 16, 2002 and directed that the Comprehensive Guide Plan Amendment be submitted to the Metropolitan Council for review and approval. • Subsequently, on August 20, 2002, the City Council approved the Preliminary Planned Development and Preliminary Subdivision for the 5.1-acre westerly parcel, but action was withheld for the 3.3-acre easterly parcel, pending Metropolitan Council review of the Comprehensive Guide Plan Amendment. • The Metropolitan Council reviewed this item at their September 25, 2002 meeting and did approve the land use change. Consequently, the City Council may now implement the Comprehensive Guide Plan Amendment and take action on the proposed Preliminary Subdivision and Preliminary Planned Development for the easterly 3.3 acres of this development site. ATTACHMENTS (2): June 25, 2002 APC Minutes, pages ~ throu h August 20, 2002 City Council minutes, pages through 60 City of Eagan Advisory Planning Commission Meeting June 25, 2002 Page 17 G. REZONING & PRELIMINARY SUBDIVISION - MARK GERGEN & ASSOCIATES A Rezoning of approximately 8.4 acres from A (Agriculture) and RB (Roadside Business) to PD (Planned Development) and a Preliminary Subdivision (Greyhawk Townhomes) to create 44 lots for townhomes, one lot for a single family dwelling and three Outlots, located north of Blackhawk Plaza between Blackhawk Road and 35-E in the SE '/4 of Section 20. Planner Kirchoff introduced this item and highlighted the information presented in the City Staff Report dated June 21, 2002. She noted the background and history. Mark Gergen described the position of the proposed tree protection fence. He displayed a color rendering of the proposed townhomes. He stated the street width would be 28 feet, indicating the need for a private street. Chair Huusko opened the public hearing. Four Eagan residents were present and expressed concern for the preservation of existing trees along the common property line, maintenance of green space and ground water run off. They also stated concem with traffic safety, access through the shopping center and tree preservation to help with noise control from the recreational area. There being no further public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Mr. Gergen described proposed tree preservation along t$e property line abutting the townhome development. He stated the proposal is for a tree fence eight feet from the property line, leaving the underbrush. Member Kaess moved, Member Segal seconded a motion to approve the Rezoning of approximately 8.4 acres from A (Agriculture) and RB (Roadside Business) to PD (Planned Development) and a Preliminary Planned Development for 44 townhomes, one single family dwelling, and three outlots on 4106 and 4150 Blackhawk Road (Lot 3, Block 1, Blackhawk Plaza) located north of Diffley Plaza and west of Interstate Highway 35E in the SE %4 of Section 20 subject to the following conditions: 1. The applicant shall enter into Preliminary Planned Development Agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. This Planned Development is for 44 townhomes and one single family dwelling. 3. The term of this Planned Development shall be five years. 6/ City of Eagan Advisory Planning Commission Meeting June 25, 2002 Page 18 4. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits are necessary for the Agreement: a. Final Site Plan b. Final Building Elevations Plan c. Final Tree Preservation Plan d. Final Landscape Plan e. Final Lighting Plan £ Final Signage Plan 5. The landscape plan shall be prepared by astate-registered landscape architect or certified nurseryperson. 6. The landscape plan shall be revised to incorporate the following: a. The grading plan shall be incorporated into the landscape plan. b. Additional deciduous trees and shrubs shall be planted throughout the development. c. Minimum landscape requirements shall be met in addition to the required tree mitigation. d. Interstate Highway 35E noise abatement shall include coniferous trees. e. An irrigation system shall be provided. 7. Townhome elevation plans shall be revised to incorporate the following: a. Relief shall be provided with the use of at least two materials. b. Vb'indows shall be provided on side elevations. c. At least four different styles of garage doors shall be used to add variety. d. Accent trim shall be added around all windows 8. The following are minimum structure, including deck, setbacks: a. Site perimeter - 30 feet. b. Property line adjacent to Interstate Highway 35E - 50 feet. c. Private through street - 25 feet. d. Private cul-de-sac - 20 feet. 9. Light fixtures shall be shielded to reduce glare. 10. All light fixtures on poles shall not exceed 20 feet in height. 11. Freestanding signage shall comply with the City Code. 12. The recreation area shall be incorporated into the interior of the development. Member Steininger expressed opposition and stated the property should be zoned R-3. A vote was taken. 6.~ City of Eagan Advisory Planning Commission Meeting June 25, 2002 Page 19 Aye: Chair Huusko, Bendt, Nosbush, Kaess, Segal and Stackhouse. 1Vay: Steininger. Motion carved 6-1. Member Kaess moved, Member Segal seconded a motion to approve Preliminary Subdivision to create 45 lots and three outlots on 8.235 acres (Greyhawk Townhomes) on property located at 4106 and 4150 Blackhawk Road (Lot 3, Block 1, Blackhawk Plaza} north of Diffley Plaza and west of Interstate Highway 35E in the SE '/< of Section 20 subject to the following conditions: Standard Conditions The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: B1, 3, 4; C1, 2, 4; D1; E1 Platting 2. The property shall be platted. Parks and Recreation 3. The proposal shall be subject to cash park and trail dedication. Tree Preservation 4. To require that the applicant fulfill tree preservation mitigation through the installation of 21 category A trees. 5. The applicant shall submit a revised Tree Mitigation Plan addressing the following recommendations: a. Mitigation trees shall be planted in more "natural" areas, (around ponds or along external property lines) while reserving "plantable" areas along roads and between buildings for landscape requirement trees. b. Coniferous trees (spruce or pine) shall not be planted near buildings, vehicle intersections, and trails. c. Tree species and caliper shall be noted on the Tree Mitigation Plan (and the Landscape Plan). 6. To acknowledge that the applicant will preserve tree #45 by transplanting it to an area near the west pond. 7. To require that Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) 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. 6.~ City of Eagan Advisory Planning Commission Meeting June 2~, 2002 Page 20 8. To require that the applicant contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. Water Quality 9. This development shall be responsible for a cash dedication in lieu of ponding. Erosion Control 10. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development shall also be subject to the City's recently codified land disturbance and erosion control regulations. Easements 11. The vacation of the existing easements shall be petitioned by the developer and approved by the City Council at time of final subdivision. 12. If the property owner of Parcel 010-78 is agreeable to accepting a private street access easement covering the private streets within the Greyhawk development for possible use with its future development, the applicant shall prepare and record the easement subject to review and approval by the City Attorney. Tow~nhome Association 13. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a Townhome 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 Townhome Association shall be recorded with the subdivision. 14. The Townhome Association shall own Outlot B. 15. The recreation area shall be platted as an outlot and owned by the Townhome Association. Ail voted in favor. 6~ Eagan City Council Meeting Minutes August 20, 2002 Page 5 REZONING & PRELINIINARY SUBDIVISION MARK GERGEN AND ASSOCIATES City Administrator Hedges introduced this item regarding a rezoning of approximately 8.4 acres from A(A~riculture) and RB (Roadside Business) to PD (Planned Development) and a Preliminary Subdivision (Greyhawk Townhomes) to create 44 lots for townhomes, one lot for a single family dwelling and three outlots, located north of Blackhawk Plaza. Senior Planner Ridley gave a staff report. Sharon Hanson, 4105 Blackhawk Road discussed her concern regarding stop signs on Blackhawk at Silver Bell Road. Public Works Director Colbert discussed the traffic study and timeframe for the Silver Bell / Blackhawk traffic signal. Councih-nember Bakken suggested and Director Colbert agreed that it would be more prudent for a study to be conducted after the Cedar Grove Redevelopment road construction project is completed. Councihnember Carlson moved, Councihnember Tilley seconded a motion to approve a rezoning of approximately 5 acres from A (Agriculture) to PD (Planned Development) subject to the following conditions: Aye: 4 Nay: 1 Bakken opposed. The applicant shall enter into Preliminary Planned Development Agreement with the Ciry that shall be recorded at the Dakota County Recorder's Office. This Plaruzed Development is for 44 townhomes and one single family dwelling. The term of this Planned Development shall be five years. The applicant shall enter into a Final Planned Development Agreement with the City. the following exhibits are necessary for the Agreement: a. Final Site Plan b. Final Building Elevations Plan c. Final Tree Preservation Plan d. Final Landscape Plan e. Final Lighting Plan f Final Signage Plan 5. The landscape plan shall be prepared by astate-registered landscape architect or certified nurseryperson. 6. The landscape plan shall be revised to incorporate the following: a. The grading plan shall be incorporated into the landscape plan. b. Addition deciduous trees and shrubs shall be planted throughout the development. c. Minimum landscape requirements shall be met in addition to the required tree mitigation. d. Interstate Highway 35E noise abatement shall include coniferous trees. e. An irrigation system shall be provided. 7. Townhome elevation plans shall be revised to incorporate the following: a. Relief shall be provided with the use of at least two materials. b. Windows shall be provided on side elevations. c. At least four different styles of garage doors shall be used to add variety. d. Accent trim shall be added around all windows. 8. The following are minimum structure, including deck, setbacks: a. Site perimeter - 30 feet. b. Property line adjacent to Interstate Highway 35E - 50 feet. c. Private through street - 25 feet. d. Private cul-de-sac - 20 feet. 9. Light fixtures shall be shielded to reduce glare. 10. All light fixtures on poles shall not exceed 20 feet in height. 11. Freestanding Signage shall comply with the City Code. 12. The recreation area shall be incorporated into the interior of the development. Councihnember Tilley moved, Councilmember Bakken seconded a motion to approve a Preliminary Subdivision (Greyhawk 1" Addition) consisting of 151ots and three outlots located in the SE '/< of Section 20 subject to the following conditions: Aye: 5 Nay: 0 6S Eagan City Council Meeting Minutes August 20, 2002 Page 6 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: B1, 3, 4; C1, 2, 4; D1; E1 2. The property shall be platted. 3. The proposal shall be subject to cash park and trail dedication. 4. To require that the applicant fulfill tree preservation mitigation through the installation of 21 category A trees. 5. The applicant shall submit a revised Tree Mitigation Plan addressing the following recommendations: a. Mitigation trees shall be planted in more "natural" areas, (around ponds or along external property lines) while reserving "plantable" areas along roads and between buildings for landscape requirements trees. b. Coniferous trees (spruce or pine) shall not be planted near buildings, vehicle intersections, and trails. c. Tree species and caliper shall be noted on the Tree Mitigation Plan (and the Landscape Plan). 6. To acknowledge that the applicant will preserve tree #45 by transplanting it to an ara near the west pond. 7. To require that Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) 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. 8. To require that the applicant contact the City Forestry Division and set up a preconstruction site inspection at least five days prior to the issuace of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 9. This development shall be responsible for a cash dedication in lieu of ponding. ] 0. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development shall also be subject to the City's recently codified land disturbance and erosion control regulations. 11. The vacation of the existing easements shall be petitioned by the developer and approved by the City Council at time of final subdivision. 12. If the property owner of Parce1010-78 is agreeable to accepting a private street acees easement covering the private streets within the Greyhawk development for possible use with its future development, the applicant shall prepare and record the easement subject to review and approval of the City Attorney. 13. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a Townhome 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 Townhome Association shall be recorded with the subdivision. 14. The Townhome Association shall own all outlots. 15. The recreation area shall be platted as an outlot and owned by the Townhome Association. Councilmember Bakken moved, Mayor Awada seconded a motion to duect staff to perform afollow-up traffic study for the Silver Bell Road / Blackhawk Road intersection after the completion of construction in the Cedar Grove area. Aye: 3 Nay: 2 Fields and Carlson opposed. NEW BUSINESS PRELIMINARY SUBDMSION (HEINE 2''1D ADDITION) WILLIAM HEINE AND JOHN AND LAURA BURBACH City Administrator Hedges introduced this item regarding a preliminary subdivision to create two single family lots on 1.6 acres located at 1480 and 1490 Diffley Road. Senior Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision (Heine 2"d Addition) to create two single-family lots, on 1.6 acres located at 1480 and 1490 Diffley Road in the Nl; `/< of Section 28, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, Bl, B3 and B4. 66 Agenda Information Memo October 1, 2001, Eagan City Council V. COMPREHENSIVE GUIDE PLAN AMENDMENT, PRELIMINARY PLANNED DEVELOPI\1ENT & PRELIMINARY SUBDIVISION (EAGAN HEIGHTS TOWNHOI\IES 3~ ADDITION) - DIEDRICH BUILDERS. ACTION TO BE CONSIDERED: To approve and implement a Comprehensive Guide Plan Amendment changing the land use designation from RC (Retail Commercial) to MD (Medium Density Residential) upon 5.21 acres of land located north of Diffley Road and west of Hwy. 77 in the SW '/o of Section 19. To approve and implement aRezoning/Preliminary Planned Development for the construction of 36 to~vnhome units upon 5.21 acres of land located north of Diffley Road and west of Hwy. 77 in the SW '/4 of Section 19, subject to the conditions listed in the June 25, 2002 APC minutes, as amended by the City Council July 16, 2002. To approve a Preliminary Subdivision (Eagan Heights Townhomes 3rd Addition) to create 381ots upon 5.21 acres of land located north of Diffley Road and west of Hwy. 77 in the SW '/4 of Section 19, subject to the conditions listed in the June 25, 2002 APC minutes, and as amended by the City Council on July 16, 2002. FACTS: • Diedrich Builders is proposing to construct 36 townhomes on this site (29 east and 7 units west of O]d Sibley Memorial Highway). The proposed Preliminary Subdivision consists of 38 lots, 36 for the townhomes, and two for common property. • The Advisory Planning Commission held a public hearing on the Comprehensive Guide Plan Amendment on Apri123, 2002 and recommended approval. • The Advisory Planning Commission held a public hearing on the Preliminary Planned Development and Preliminary Subdivision on June 25, 2002 and recommended approval subject to conditions. • The City Council reviewed the proposed Preliminary Subdivision and Preliminary Planned Development on July 16, 2002 and directed that the Comprehensive Guide Plan Amendment be submitted to the Metropolitan Council. Action was not taken on the Preliminary Subdivision or Preliminary PD; pending Metropolitan Council review of the Comprehensive Guide Plan Amendment, however, the Council added a condition to the Preliminary PD regarding berming and landscaping along Diffley Road. • The Metropolitan Council reviewed this item at their September 25, 2002 meeting and did approve the land use change. Consequently, the City Council may now implement the Comprehensive Guide Plan Amendment and take action on the proposed.Preliminary Subdivision and Preliminary Planned Development. ATTACHMENTS (2): June 25, 2002 APC Minutes, pages through /d July 16, 2002, City Council minutes, pages ,~ 67 City of Eagan Advisory Planning Commission Meeting June 25, 2002 Page 14 F. PRELIMINARY SUBDIVISION & PRELIMINARY PLANNED DEVELOPMENT - DIEDRICH BUILDERS A Preliminary Subdivision (Eagan Heights Townhomes 3rd Addition) of approximately 5.21 acres to create 36 lots and a Preliminary Planned Development to allow 36 townhome units, located on the northwest comer of Diffley Road and Hwy 77 across from Metcalf Jr. High School in the SW %< of Section 19. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated June 20, 2002. She noted the background and history. Applicant Bill Diedrich, Diedrich Builders, discussed the proposed development and alterations made to the proposal since the land use amendment application earlier in the year. 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 Segal stated approval of the proposal. Member Kaess moved, Member Segal seconded a motion to approve the Preliminary Planned Development to allow 36 townhome units, located on the northwest corner of Diffley Road and Hwy 77 across from Metcalf Jr. High School in the SW '/4 of Section 19 subject to the following conditions: 1. The property shall be platted. 2. A revised Landscape Plan shall be submitted with the application for Final Planned Development. The landscaping shall be enhanced along the south boundary of the site to provide a more solid buffer to Diffley Road because of the reduced setbacks that are proposed. The revised plan shall also include shrub beds to fill in gaps between clumps of trees and create a more solid and continuous landscape element. 3. Setbacks shall be a minimum of 40 feet from Diffley Road, 20 feet between buildings, and 30 feet from adjacent property and from Old Sibley Memorial Highway, and 20 feet from the private streets. 4. Each unit shall have atwo-stall garage, and allow for off-street parking within each unit driveway to fit two vehicles. 5. Visitor parking areas shall be redesigned to provide sufficient maneuvering area to allow for vehicles to turn around. ds City of Eagan Advisory Planning Commission Meeting June 25, 2002 Page 1 ~ 6. The developer shall remove the existing entrance and driveway onto Diffley Road, in accordance with Dakota County and City standards. 7. The developer shall construct a 10-foot wide bituminous trail along the entire southern edge of the development adjacent to Diffley Road. 8. The development plans show vacation of a portion of the Old Sibley Memorial Highway right-of--way. Because setbacks, site area and the private streets and parking would be impacted if the vacation does not occur, in that event, the final development plans may need to be revised accordingly. 9. The developer shall submit building elevation plans showing all sides of the buildings with the application for final Planned Development. All sides of each building shall have the same architectural treatment as the front. The applicant shall also submit samples of the exterior materials with the application for Final Planned Development approval. 10. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a Townhome 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 Townhome Association shall be recorded with the subdivision. 11. The development shall incorporate decorative street lights consistent with Dakota Electric's standards. 12. All signage must meet City Sign Code requirements. All voted in favor. Member Kaess moved, Member Segal seconded a motion to approve the Preliminary Subdivision (Eagan Heights Townhomes 3`d Addition) of approximately 5.21 acres to create 361ots located on the northwest corner of Diffley Road and Hwy 77 across from Metcalf Jr. High School in the SW '/< of Section 19 subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, B2, B3, C1, C2, C4, D1 and El 2. The property shall be platted. 3. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a Townhome Association. The documents should be submitted and approved by the City Attorney's office prior 69 City of Eagan Advisory Planning Commission Meeting June 25, 2002 Page 16 to final subdivision approval. Transfers of common areas to the Townhome Association shall be recorded with the subdivision. 4. The landscaping along the south boundary of the site shall be enhanced to provide a more solid buffer to Diffley Road because of the reduced setbacks that are proposed. The landscape plan shall also include shrub beds to fill in gaps between clumps of trees and create a more solid and continuous landscape element. 5. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City's recently codified land disturbance and erosion control regulations. 6. This proposal shall be subject to a cash water quality dedication in lieu of ponding. 7. The developer shall remove the existing entrance and driveway onto Diffley Road, in accordance with Dakota County and City standards. 8. The developer shall construct a 10-foot wide bituminous trail along the entire southern edge of the development adjacent to Diffley Road. 9. The developer shall be responsible for obtaining permits from Dakota County for all work within Diffley Road right-of--way. 10. The applicant shall fulfill tree preservation mitigation through the installation of eighteen (18) category B trees. The mitigation trees shall be clearly identified on the landscape plan and shall be provided in addition to the required landscaping. 11. 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. 12. The applicant shall contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 13. This development. shall be responsible for a cash parks dedication and cash trails dedication, payable prior to release of the final plat for recording at the rates then in effect. All voted in favor ~o Eagan City Council Meeting Minutes July 16, 2002 Page 3 NEW BUSINESS REZONING, PRELIMINARY AND FINAL SUBDIVISION, (LANGSTRAAT ADDITION) HARLAN LANGSTRAAT City Administrator Hedges introduced this item regarding a rezoning of a 4.75 acre parcel from A (Agriculture) to R-1 (Residential Single Family) and a Preliminary and fmal subdivision to create one lot for the existing single family dwelling an done outlot for park purposes on property located at 1250 Deerwood Drive. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a rezoning of a 4.75 acre parcel from A(Agriculture) to R-1 (Residential Single Family) located on Deerwood Drive in the SE '/< of Section 22. Aye: 4 Nay: 0 Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision and Final Subdivision to create one lot for the existing single-family dwelling and one outlot for park purposes (Langstraat Addition) on property located at 1250 Deerwood Drive in the SE '/< of Section 22, subject to the following conditions: Aye: 4 Nay: 0 1. The developer shall comply with the following standard conditions of plat approval as adopted by Council on February 3, 1993: A1, B1, B3, and B4. 2. The property shall be fmal platted. 3. The transfer of Outlot A to the City shall occur at the time of recording the fmal plat for Langstraat Addition. CO~IPREHENSI~'E GUIDE PLAN AMENDMENT, PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION - EAGAN HEIGHTS TOWNHOMES 3RD ADDITION (DIEDRICH BUILDERS, INC.) City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to establish an MD, Medium Density residential land use guide plan designation upon 5.21 acres of land located north of Diffley Road and west of Highway 77. Senior Planner Ridley gave a staff report, stating that action should only be made on the Comprehensive Guide Plan Amendment until the Metropolitan Council comments on the amendment. Request for action on the preliminary planned development preliminary subdivision will be brought back before Council at a later date. Bill Diedrich, Diedrich Builders, discussed the proposed subdivision. Mayor Awada and Councihnembers discussed berming to be installed along Diffley Road. It was agreed to add a condition requiring a four foot berm with shrubs planted on top and no fence be allowed. This condition is to be included when the Preliminary Planned Development is brought back before the Council for consideration. Mayor Awada moved, Councilmember Tilley seconded a motion to duect that a Comprehensive Guide Plan Amendment to establish an MD, Medium Density residential land use guide plan designation upon 5.21 acres of land located north of Diffley Road and west of Highway 77 in the SW '/, of Section 19, be submitted to the Metropolitan Council for review and approval. Aye: 4 Nay: 0 ~~ Agenda Information Memo October 1, 2002 Eagan City Council W. FINAL SUBDIVISION (FOREST VIEW ADDITION) - THORSON HOMES ACTION TO BE CONSIDERED: To approve a Final Subdivision to create nine lots on approximately four acres of land located at 3595 Blackhawk Road in the NE'/4 of Section 17. FACTS: • The Preliminary Subdivision was approved in March of 1999. • One of the conditions of Preliminary Subdivision approval was for the developer to explore burying the overhead power lines along Blackhawk Road. The developer has concluded that burying the power lines is not feasible and has submitted a letter summarizing his discussions with Dakota Electric on this issue. All documents and Agreements are signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS ~2}: Final Plat, page - /~~ Letter from TnLand Companies dated September 16, 2002, page ~a Q ~M W Z x W i -~- ,.. ... ~ ~ ~~ ~'~~ ~~ ~ e ~~ ~~ a =~ ~. ~ ~ R~ I' ''"" i •~ ~ s': ~~ ~ I I~ ! ~ /~~ ~ JJ I ~ ~ S ~ z ~f: W~~~ :/ ~ W ~~~ ,~ s \ 1 ~ 1 / \ / / ~ ~_ ` ~. /f +7 ~ ~' ,f / f ~~ ~ ~ \ ~ 1 \ / • ~~ S ' s ~'!'• ' ~~ r >>i s s !~i ' t' ~. ~. ~. ~_ ~, '_- ~: %3 TriLand Companies P.O. Boa 22039 • Eagan, MN • SS122-0039 • (952)452-7850 Ms. Pam Dudziak September 16, 2002 City of Eagan 3830 Pilot Knob Road Eagan, MN 55123 RE: Forest View Addition; overhead electrical lines Dear Pam: Pursuant to the Forest Vitw Addition Conditions of Preliminary Plat as set forth by the City of Eagan, I have, on numerous occasions, explored the viability of b.rrying the existing overhead electrical lines along Blackhawk Road. Please note, burying these lines was never a requirement. The Conditions merely required I research the wisdom of doing so. Approximately two years ago, I met with Tom Berg of Dakota Electric Association. At that time, I requested Dakota Electric bury the overhead lines. Tom said that it was not economically feasible to do so. We also discussed installing a berm to help buffer the houses from Blackhawk Road. Additionally, I've had conversations with Craig Knudsen of Dakota Electric regarding their policy of burying overhead power lines. Craig explained that burying lines can be problematic and can create additional headaches and, therefore, discouraged me from doing so. He also noted numerous subdivisions in Eagan where Dakota Electric did not even attempt to bury the lines. [n response to John Gorder's request for documentation of my work on this issue, I contacted Tom Berg and left a message requesting a letter stating our earlier discussions. 1 was then informed of Tom's severe illness when Sue Pariseau returned my call. Sue admitted to me that all this was outside her area of expertise and that she was not familiar with the costs, problems, etc., of burying power lines. However, in an attempt to ease Tom's work load during his illness, she offered to supply the requested documentation to' the City. In sununary: 1) To require the power lines at the Forest View site to be buried is not in keeping with what has been required of other subdivisions in Eagan; 2) To do so would be cost prohibitive; and 3) There is strong potential for additional problems to arise. I feel 1 have fulfilled the requirements as set forth in the Conditions of Preliminary Plat. I also am confident that current conditions are in conformance with comparable sites along Blackhawk Road. Time is of the essence. I respectfully request the City to expedite completion of the Development Contract so the utility work on this site can commence as soon as possible. Sincerely, 1.~'~ Brad Swenson Cc; John Gorder _ ~~ Agenda Information Memo October 1, 2002 Eagan City Council X. FINAL PLANNED DEVELOPMENT (LOT 1, BLOCK 1, HONEY TREE ADDITION) - SABONGI CONSULTING GROUP, INC. ACTION TO BE CONSIDERED: To approve a Final Planned Development for construction of five one-story office buildings on Lot 1, Block 1, Honey Tree Addition in the SW '/4 of Section 30. FACTS: • The Preliminary Planned Development was approved on July 2, 2002 for afive-year term. The use and the final development plans for this lot are consistent with the Preliminary Planned Development Agreement. • The Final PD Agreements is anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS: None ~s Agenda Information Memo October 1, 2002 Eagan City Council Y. FINAL SUBDIVISION AND FINAL PLANNED DEVELOPMENT (CEDAR VILLAS) -SHELTER CORP. ACTION TO BE CONSIDERED: To approve a Final Subdivision to create two lots on approximately 17 acres located north of Erin Drive and west of Nicols Road in the SW '/4 of Section 30. To approve a Final Planned Development for Lot 2, Block 1, Cedar Villas for construction of 104 townhome units. FACTS: • The Council approved the Preliminary Subdivision and Preliminary Planned Development on December 11, 2001. The Preliminary Manned Development was approved for afive-year term. • The Final Subdivision creates two lots. Shelter Corp. is developing Lot 2 with 104 townhomes units at this time. The Dakota County Community Development Agency will be developing 34 townhome units on Lot 1 in the future. • The use and the final development plans for Lot 2 are consistent with the Preliminary Planned Development Agreement. • All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS: Final Plat, page Final Site Plan, page '76 ~-' ~ ~~ $ c i ~~~4 ~ ej : i °'' _ ~: g2 WJ{UN ~J ~ ~ ~~ I ~ l £ s $ a p Sig -T-=, Y~ I I e~e~s ^+ ~ p! r ~ ~~ ~ •~ e ~~ ~~~~3 t I I I I • •. :.: I I ........ ...... ___-~ _ _ L------=-------------~--- j .,, ~ _, nMY 1CCA1.MK - _ -_ ~ I ----------J ~~a. I I ..a .r-. '~ - ~ 1 ~ F ___ b i tl~ i OIO~ M'11 1' -~ ~r .I~ / I t 1 ~ ~ ~ '. I I ~ ~ 7 _ _ ~ I ~. ~ + I E ;~ I I I 1 / 0 / ~ ~.1 i[ /Fl^~ 1 {~ • Y I I I ~ ~~~ I 1 I - / ` ~ I I 1 I ;F ~ fr ~ ~ I 1 t .l 1 a \ / \ I I I I v \ / I 1 1 -~. 11tI liK.Y M I s: Y ,~~,, ~ I .. _ .., m ~ ~1 o r r' W ~ ~ ~~ ___' - - t -- ~~ 1 : : .. sly .. I : ~-~ ; ~ - - I I ~ N ~ ;Q ; i~ I I ~ ' { ~ ~ ~ l t - - - \ _ - ~ I, - - - -' 1 ... I I I '~ la .« 1 - i f I . ':;. _ N _... rta 4'.n .~w.V .: A ~ r ~ IA I .. I ~ 1 I 1 I .. . I I I I t I 1 t I ~ I A ~ IL K's 1sCtr.Mv ,. `..,. ~ ..... .. ....... ... .. -... ~ ~ .. ..... .... ..... .. .. .. .. I I I ,I . '.: ~.: ~. I ~~. .._. .. -.~., ::::'.:::: :::".....: I I ~~ Eqj ~~` + ~ :T., ~ '~iji~~sl~~I t f~f~!!!!~ ~~{} I f ~ ~~RR a~~ ~ < i~l~ °i~ e a ~' ~ ~ x~ ~ ~I _~ ,! ~H,Ijp; ~flE~•.~;, ~ It~) I "~~^ +~ Rs • O ~ ~~; ~~ U ! { w :! ~ o, l 1 ~J Iljl I~~I''1 ~ ~'i t[9f6 ~ IS=,~ ! I I 1 `'~~ g~ ~'~11.~ ~ ~~ ~)I I ~ ~ ~ y t '~ H:1~~11:1~ l~eeA BEf iiS5d3i4 17111 tf ~ i I t ~( ]~~ ~ Y ~~ ~~~~ e~:.GR wr na a g' ~e ~4^~ 8 S ; ~ ~ E ~ 06 .xx7t ak.rr_ t c '~ I ~ I = Y I I ~ ~° ~~~g ~ a~~x~~~ ~ ~ FINAL SITE PLAN ~~ Agenda Information Memo October 1, 2002 Z. APPROVE TEMPORARY ON-SALE LIQUOR LICENSE FOR FAITHFUL SHEPHERD CATHOLIC SCHOOL ACTION TO BE CONSIDERED: To approve a temporary on-sale liquor license for Faithful Shepherd Catholic School and waive the $150.00 license fee. FACTS: Faithful Shepherd Catholic School has requested a temporary on-sale liquor license be issued to them for a fundraiser planned for January 25, 2003. The fundraiser is the fourth annual Live and Silent Auction, which is being held to raise money for the operation of the school. The application form has been submitted and deemed in order by staff. Faithful Shepherd Catholic School is asking 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. ~9 Agenda Information Memo October I, 2002, Eagan City Council Meeting Consent Agenda: AA. Resolution Allowing Eagan Police Officers to Assist the MinneapolisPolice Department with security during the International Association of Chiefs of Police Conference ACTION TO BE CONSIDERED: Approve a resolution and sign an agreement allowing Eagan Police Officers to assist the Minneapolis Police Department with security at the International Association of Chiefs of Police Conference. FACTS: • The Minneapolis Police Department requested help from neighboring agencies to provide police services during the conference. Eagan Officers would be working inside the Minneapolis Convention Center from October 3, 2002 through October 10, 2002. • Minneapolis Police Department distributed a written agreement that was reviewed by the Eagan City Attorney. • .According to the Eagan City Attorney, the concerns with the document are consistent with Mutual Aid Agreements the City of Eagan currently participates in with other Dakota County agencies. • Eagan is not receiving compensation for this service. ATTACHMENTS Agreement with attached resolution authorizing participation. Ff~~' 80 RESOLUTION CITY OF EAGAN AGREEMENT WITH MINNEAPOLIS POLICE DEPARTMENT WHEREAS, the Minneapolis Police Department has requested help from neighboring agencies to provide police services during the International Association of Chief's of Police Conference; and WHEREAS, the Minneapolis Police Department distributed a written agreement which is consistent with other Mutual Aid Agreements the City of Eagan currently participates in with other agencies; and WHEREAS, Eagan will not receive compensation for the services; and NOW, THEREFORE, BE IT RESOLVED that the City Counci] of Eagan, Dakota County, Minnesota, hereby approves the agreement with the Minneapolis Police Department to provide police services during the conference to beheld inside the Minneapolis Convention Center from October 3, 2002 through October 10, 2002. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion by: Seconded by: Those in Favor: Those Against: Date: October 1, 2002 CERTIFICATION I, Maria Kazels, 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 ls` day of October, 2002. Maria Kazels, Clerk 8/ Minneapolis Police Department 20021ACP Conference Aid Agreement I. Purpose The City of Minneapolis and the Minneapolis Police Department is hosting the 109' Annual International Association of Chiefs of Police October 4-9, 2002. The Minneapolis Police Department is obligated to provide security for this conference. To accomplish this task the Minneapolis Police Department is requesting the assistance of other Law Enforcement agencies in the state of Minnesota. For the purposes of this Agreement the type of assistance being requested is~in the form of sworn personnel who are licensed peace officers in the State of Minnesota. This agreement is made pursuant to Minnesota Statutes, Section 471.59, which authorizes the joint and cooperative exercise of powers, common to the parties. 11. Definition of Terms Requesting Agency: Minneapolis Police Department Sending Agency: Law Enforcement agencies of the State of Minnesota Assistance: Personnel and equipment Personnel: Sworn personnel who are licensed peace officers in the State of Minnesota Equipment: Any equipment sent with personnel including squad cars and personal gear Duty/duties: ~ Any security role at 2002 IACP Conference or IACP Conference related function including but not limited to, standing post, roving post, checking credentials/Identification, Assisting Requesting Agency in the performance of law enforcement duties as authorized under Minnesota State Statute §609.06. III. Parties The Parties to this Agreement shall consist of as many Minnesota Law Enforcement Agencies who approve this Agreement and the Minneapolis Police Department. Upon approval, the executive signature page of this Agreement shall be sent to the Minneapolis Police Department along with a certified copy of the documentation evidencingapproval. Approval of this Agreement by a Party shall be evidenced by: • For a municipality, a resolution adopted by the governing body, or ,n~~ozp,-ooas;~a.~2oz n~,~ ~ g~ • For anon-municipality, a resolution adopted by the governing body or a letter executed by an official with sufficient authority to bind that party which recites the basis of that authority. IV. Effective Dates The effective dates of this Agreement shall be only those dates during the 109'" Annual International Association of Chiefs of Police, i.e. October 5 through 9, 2002, inclusive. V. Reauestina Agency The Requesting Agency is the Minneapolis Police Department. The Sending Agency, hereby releases the Requesting Agency from all ciaim of liability per paragraph VII of this Agreement. The Requesting Agency shall operate and manage this Agreement at all times. VI. Procedure Subd. 1. The Requesting Agency is requesting the assistance of the Minnesota Law Enforcement agency named below for the 2002 IACP Conference. By providing any assistance including any personnel and equipment the Sending Agency acknowledges the below listed liability statement. Subd. 2. The Requesting Agency shall be in command of all situations and duty/duties concerning the 2002 IACP Conference and any event associated with the 2002 IACP Conference. Subd. 3. When a Sending Agency supplies personnel to the Requesting Agency. such personnel shall remain under the direction and control of the Sending Agency; shall be subject to the policies and procedures of the Sending Agency; shat( be paid by the Sending Agency; shall be protected by the worker's compensation of the Sending Agency; and shall otherwise be deemed to be performing their regular duties for the Sending Agency. Subd. 4. The Sending 'Agency shall be responsible for its own personnel. equipment, and supplies and #or injuries or death to any such personnel or damage to any such equipment or supplies. Each agency waives the right to sue any other agency for any worker's compensation benefits paid to its own employee or volunteer even If the injuries were caused wholly or partially by the negligence of any other agency, its officers employees or volunteers. Subd. 5. The Sending Agency shall demand no charges or costs for assistance provided under this agreement. r ,nra.~rr~o~ro2E--ooa9~a.t2o2 nna~ 2 ~~ Vli. Lia_ bility The Requesting Agency shall not be responsible for any injuries, tosses or damages to persons or property arising out of the acts of any of the personnel of the Sending Agency nor shall the Sending Agency be responsible for any injuries, losses or damages arising out of acts of any personnel of the Requesting Agency or the personnel of any other Sending Agency. No Agency shall be responsible for injuries, deaths, tosses or damages arising out of the actions of Law Enforcement Personnel of any other agency. By entering into this Agreement, agencies are not waiving any provisions or liability limitations established in Chapter 466, Minnesota Statutes. Agent of Requesting Agency Sending Agency Agent of Sending Agency JML~mo~-0?A-0049314.1202 Mal 3 $Y PS8~RS ~ W81NVBudget -Your Committee, having under consideration the provision of security for the 109th International Association of Chiefs of Police Convention to be held October 4 - 9, 2002 in Minneapolis, now recommends that the Police Department be authorized to request the assistance of other law enforcement agencies to provide security, including but not limited to standing post, roving post, checking credentials~dentification and general assistance in the performance of law enforcement duties as authorized under Minnesota Statutes Section 609.06. ADOPTED Approved as to Axurac~~7~ Certified as an official action of the City Couna7:~~~ ~_x~s ;sir ~ o ~-•- .~ o`~:.^ '"' ~~w'~~'r _°~°RECORD OF„~OUNCIIN OTEIXINDICA~5 1C0~ ~~,,s:.~=^~-~•~x~: ~~..~.~~-~i -.~ ';.'~?' COUNCIL MEMBER AYE NOT VOTING ABSENT VOTE TO OVERR~E VOTE TO SLISTAUi GOVNCE. MEMBER AYE NAY NOT ABSENT VOTING VOTE TO OVERRIDE VOTE TO SUSTAIN President Goodman X OaVOw X Lill~ron X ZerDy SdWf Biemat Nizbkk Johnson ~~ Johnson Lea Collin Ray T.Nrunerrnann ~~ PASSED MAY 17 2002 ~ APPROVED NOT APPROVED [] VETOED oAT>: MAY 2 g 2002 ATTEST ( ~~~ R OATE ~~~ ~~ The City of Minneapolis has as witness to the foregoing has caused this Agreement to be executed in its behalf by its proper officials, as of the date first written below. Dated: CITY OF MINNE OL1S By: May Countersigned: ~ ~`" ~~^ ~,-{~•.~ Assistant Finance Officer Chief of Police APPROVED AS TO FORM: A istant City Attorney . t, . JML~mo~O?A-00493/4.1202 final t~ S6 Agenda Infornlation Memo October 1, 2002 Eagan City Council Meeting BB. APPROVE PROCLAMATION RECOGNIZING OCTOBER 21-25, 2002 AS MINNESOTA MANUFACTURING & TECHNOLOGY WEEK IN THE CITY OF EAGAN ACTION TO BE CONSIDERED: To approve the Proclamation. FACTS: The Minnesota Department of Trade & Economic Development has identified October 21-25, 2002, as Minnesota Manufacturing & Technology Week. The City of Eagan has regularly participated in recognizing the manufacturing and technology sectors of our business community as part of the state-wide celebration. ATTACHMENTS: • Proclamation is attached on page B~ CITY OF EAGAN PROCLAMATION 2002 MINNESOTA MANUFACTURING AND TECHNOLOGY WEEK WHEREAS, manufacturing and technology intensive industries are a dynamic part of Minnesota's prosperous economy, and promotion of this sector's strength, success and high quality of life is an integral part of Minnesota's Big Plan; and WHEREAS, manufacturing technology provides high skill, high wage jobs which significantly contribute to Minnesota's high standard of living and economic vitality; and WHEREAS, manufacturing technology has the second largest total payroll of any business sector in Minnesota, providing $23 billion in 2000 wages; and WHEREAS, manufacturing and technology intensive industries employ nearly one sixth of the state's non-farm workforce; and WHEREAS, manufacturing and technology employees in Minnesota earn an average of 31 percent more than other Minnesota private sector employees; and WHEREAS, manufacturing and technology sector employment grew 2.9 percent nationally between 1990 and 2000, while in Minnesota it actually increased 17.7 percent; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council hereby proclaims the week of October 21-25, 2002, to be Minnesota Manufacturing and Technology Week 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, Maria Karels, 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 1St day of October, 2002. Maria Karels, City Clerk 8' 8~ Agenda Information Memo October 1, 2002 Eagan City Council Meeting CC. CHANGE ORDER NUMBER 6, EAGAN COA~IMUNITY CENTER ACTION TO BE CONSIDERED: To approve change order number #6 to the Eagan Community Center in the total amount of $28,671. FACTS: Change order number 6 is being recommended for approval after review by the Architect, Construction Manager and staff and consists of the following items: Architectural Revisions The following revisions were due to the evolution of the Architectural Design PCO 1063 RFI #125A -EIFS Termination 15 -Seal Treat Inc $220.00 This RFI provided for a termination of the EIFS system along the East waq at grade. PCO 1066 ASI #04 -RCP, Elect, Canopy, etc. 14 - Schwickert $ 5,670.00 This RFI provided for a modified design 11 - Minuti-0gle $ 7,222.00 to the small entry canopy for fire fascia material to be the same as the Bandshe//. PCO 1072 Added 16 Relays tc Panels 36 -Peoples $ 538.00 This RFI provided for the addition of 16 relays to tightfng contra/ panel during the shop drawing review process PCO 1074 RFI 151h51A -Entry Floor Finishes 19 - Grazzini $ 2,250.00 These RFI's provided for a modlf~ed design to the entry mats and added pstferned floor file to the revolving door area. PCO 1075 RFI 186 -Louvre and Dr 2068 EIFS 11 - Minuti-0gle $ 784.00 This RFI revised the EIFS system around the louvre and door on the west face of the building to allow for greater depth of the wall for the louvre and door. PCO 1076 RFI 139 - Framing ~ Detail 2/A4.2 11 - Minuti-0gle $ 1,790.00 This RFI mod~ed the materials above PCO 1077 RFI 107A - wnd Brace Framing 11 - Minud-Ogle $ 3,047.00 This RFI provided for additional wind bracing for the f~ndow systems. PCO 1079 RFI 177 - W19 Sill Elevation Change 16 - Glewwe $ 2,052.00 This RF/ provided for the alignment of a// sills on the entry frames. PCO 1081 RFI 180 and 181 Frame Modfications 16 - Glewwe $ 609.00 These RFI's provided for moditfcationa to the head details to align witl- coursing and prov/de a wider door ~ 160. ~9 Structural Revisions PCO 1078 RFI 174 -Remove Clerestory X Brace 11 - Minuti-0gle $ 512.00 This RFI provided for the removal and 06 -Hawk and Sons $ 3,977.00 structure! modrtcation required to rer-ove the X bracing et the clerestory windows. 90 Agenda Memo October 1, 2002 CONSENT AGENDA: DD. APPROVE SUMMARY OF ZONING ORDINANCE FOR PUBLICATION ACTION TO BE CONSIDERED: Approve the summary of a complete update of Chapter 11 of the Eagan City Code entitled "Land Use Regulations (Zonnig)" for publication. FACTS: The Zoning Ordinance Amendment to Chapter 11 was approved at the September 17, 2002 City Council meeting. The City Attorney has drafted the attached summary for the purpose of publication ATTACHMENT: • The official summary of Chapter 11 is attached as pages thru~. 9/ The following is the official summary of the following ordinance as approved by the City Council of Eagan on September 17, 2002: ORDINANCE NO. _ SECOND SERIES An ordinance of the City of Eagan, Minnesota, adopting a complete update of Chapter 11 of the Eagan City Code entitled "Land Use Regulations (Zoning)". The ordinance addresses the following items: 11.10 Intent and Purpose 11.20 Rules of Language Construction 11.30 Definitions 11.40 General Provisions Subd. 1. Application Subd. 2. Separability Subd. 3. Lot Provisions Subd. 4. Required yards and open space Subd. S. Accessory Buildings and Structures Subd. 6. Traffic visibility Subd. 7. Public utility service Subd. 8. Structures in public rights-of--way Subd. 9. Nonconforming structures and uses 11.50 Administration and Enforcement Subd. 1. Enforcing Officer Subd. 2. Board of Adjustments and Appeals Subd. 3. Variances Subd. 4. Conditional Use Permits Subd. 5. Zoning Amendments Subd. 6. Interim Use Permits 11.60 Zoning Di stricts Subd. 1. Classification Subd. 2. Zoning map Subd. 3. A Agricultural Subd. 4. E Estate Subd. S. R-1 Residential Single District Subd. 6. R-1 S Residential Single -Small Lot District Subd. 7. R-2 Residential Double District Subd. 8. R-3 Residential Townhouse District Subd. 9. R-4 Residential Multiple District Subd. 10. LB Limited Business District Subd. 11. NB Neighborhood Business District Subd. I2. GB General Business District Subd. 13. CSC Community Shopping Center District Subd. 14. I-1 Limited Industrial District /~ Subd. 1 S. I-2 General Industrial District Subd. 16. R-D Research and Development Park District Subd. 17. BP Business Park District Subd. 18. PD Planned Development District Subd. 19. P Park District Subd. 20. PF Public Facilities/Institutional District Subd. 21 T Transitional Zoning District 11.65 S - Shoreland Overlay District 11.66 FP - Floodplain Overlay District 11.70 Performance Standards Subd. 1. Purpose Subd. 2. Land reclamation and mining Subd. 3. Building permit and Certificate of Occupancy Subd. 4. Off-street parking and outdoor storage Subd. S. Minimum Required off-street parking Subd. 6. Joint parking facilities Subd. 7. Parking Space Design Subd. 8. Parking Lot Setbacks Subd. 9. Parking Ramps Subd. 10. Residential Driveways Subd. 11. Off-Street Loading Areas Subd. 12. Landscaping Subd. 13. Tree Preservation Subd. 14. Hours of Operation Subd. 1 S. Additional requirements, exceptions and modifications Subd. 16. Fences Subd. 17. Convenience Store Design Subd. 18. Commercial Car Washes Subd. 19. Design and Construction requirements for Multiple Family, Office, Commercial, Industrial, and Public and Institutional Developments Subd. 20. Outdoor Storage, Temporary Outdoor Events and Seasonal Outdoor Sales Subd. 21. Home Occupations Subd. 22. Manufactured Home Park Developments Subd. 23. Antennae, satellite dishes, wind energy conversion systems and towers Subd. 24. Site Plan Review Subd. 25. Placement, erection maintenance of signs Copies of the entire text of this ordinance are available for inspection by any person during normal business hours at the office of the City Clerk at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota 55122. Effective date. This ordinance shall take effect upon its passage and publication. 93 Programming Committee Meeting - 9/13/02 - 8AM News Show: Majority of meeting focused on the News Show. Raquel presented a possible outline for us to begin working with which included 6 segments: 1. A Show Open, 2. A Top Story, 3. City Gemstones or Hidden Gemstones, 4. What's Happening, 5. Sports, 6. Kicker Vv'e discussed types of stories that might be considered as "top stories", i.e., Eagan's Community Center opening, Burnsville's Heart of the City, the new city council installations, Blackdog Park amphitheater, Eagan's affordable housing lawsuit, Mary Jo Copeland, awards to the cities for special projects such as Eagan's flood mitigation, outstanding citizens, etc. We discussed the problems we might face with sports coverage and how we could solve them by using highlights from games that we aired on 15 and supplementing with coverage footage from 1 or 2 additional sports for each show. We also discussed some possibilities of using Brown Institute students and/or interns, and/or working with the local schools and developing a program for credit to ensure that students are more reliable than they've been in the past. We discussed the future of Community Journal in relationship to this new program and seemed to be leaning towards condensing CJ into a community aspect segment of the new show. Perhaps naming the what's happening segment "Community Journal" and featuring one community story as well as a list of upcoming community events. Siren's & Safety was also discussed, and perhaps it could also be incorporated in to the News Show. We had a general consensus that the show should be set in the studio and anchored (either by one or two hosts), as well as a separate sports anchor. It was unanimously agreed that the program is not televised live, but is taped and has a live look to it. Also discussed was the frequency of the program and there was consensus that it start at every two weeks. This will allow everyone to gauge its impact on everyone's workload, freshness of the program, etc. There was discussion that we aim to debut the show in February, 2003, but this will be further discussed once we determine how the program will look, work assignments, etc. While there was discussion on the term a "news" program, there was no conclusion as to what "news" meant, or what the parameters of it would be. This will require more in- depth discussion. It was agreed that everyone would start thinking about what types of programming would fit in to each category, especially the "top stories" segment. The Committee was asked to be prepared to discuss this in depth at the next meeting. Election Night: There was discussion as to what each city would be doing on election night, including the role, if any, of the BECT studio. No agreement was reached. It was agreed that there was a need for cross-promotion, especially in regards to election night. Everyone was assigned to produce a short 30-second promo for their respective shows: 9~ Sirens and Safety, Community Journal, Access to Democracy, Sports, Burnsville City Meetings and Eagan city meetings. We scheduled our next meeting for Wed., Sept. 25th at gam. 9S Agenda Memo October 1, 2002 CONSENT AGENDA: EE. APPROVE CHANGE ORDERS FOR CITYWIDE RADIO SYSTEM UPGRADE ACTION TO SE CONSIDERED: Approve Change Orders to the Parcel s bid award, Floyd Lock and Safe Company (ADBA: Floyd Total Security) for the citywide radio system upgrade. FACTS: • At the April 2, 2002 City Council meeting the Parcel 5 Bid Award, for the citywide radio system upgrade, was approved for Floyd Lock and Safe Company. • The Parcel s Bid Award was in the amount of $150,579.50 and covered the security cameras and monitoring in the Communication Center. • There have been five (5) Change Orders to the Parcel 5 Bid Award. One (1) change Order resulted in no costs change, two (2) Change Orders resulted in a cost addition of $6,405 plus tax and two (2) Change Orders resulted in a cost decrease of $10,651.95 plus tax. • The overall result of the five (5) Change Orders is a cost decrease of $4,264.95 plus tax. ATTACHMENTS: • Summary of the Change Orders is attached as pages ~-l~ntf 96 Se~.24. 2002 10~33AM FLOYD TOTAL SECURITY No•3365 P. 2 FlQYD Total Secuxaty 9039 Grand Avenue Sou#fi Bloomington, Minnesota 55420-3634 MEMO Date: From: To: 9/24/02 Martin Wick Rick Swanson Subject: Change Orders Dated 5-22-02: Install new cable for south camera inside of building instead of using cable run over the top of building. Add $1030 plus tax Dated 5-22-02: Change video outputs from fifteen to Pout. (will actually have 12) Credit $2776.95 plus tax Dated 6-13-02: Add video tape recorders for two additional operator sites Add wall mount for television Add multiplexer Add $5375 inc tax Dated 9-04-02: Change Spectra I1 integrated domes to Spectra III (no charge) Dated 9-04-02: Change Digital recorder audio inputs frvrn 16 to 8. (only one is needed) Delete 7 time interface modules (only four are needed) Credit $7875 plus tax 9~ Agenda Information Memo October 1, 2002, Eagan City Council FF. EXTENSION OF TIME TO COMPLETE LANDSCAPING - (BEST BRANDS, CORP.) ACTION TO BE CONSIDERED: To approve an extension of time to complete required landscape improvements for Best Brands located at 1765 Yankee Doodle Road in the SE '/4 of Section 8. FACTS: • The site is located west of Hwy. 13 at Yankee Doodle Road. Earlier this year, the City approved a Conditional Use Permit allowing outside storage of trailers on this site. • One of the conditions of CUP approval was the construction of a berm and installation of landscaping along the publicright-of--way near the entrance to the site by September 30, 2002. • A grading permit is required to construct the berm and grade and surface the outside " storage area. Best Brands has indicated that it has taken longer than anticipated to prepare the grading plan and otherwise prepare the site for such work. Therefore, Best Brands is requesting an extension to November 30, 2002 to complete the landscaping. • Best Brands submitted the application for grading permit on September 24, 2002, and they expect to begin grading work in the next week or so and have the landscaping installed by the end of November. ATTACHMENTS: Letter from Best Brands Corp., page 9~ tsta i tsKrarvll5 PAGE 02 Best Brands Corp. 176 Yankee Doodle Rd. Eagan Lin. 55121 Mike Tuma 651-40~-3247 To; Pamela Dudziak, Cit}~ of Eagan Planner. Dear Panr-ela, This is a letter of explanation as to why we are asking for a time extension to complete the landscaping and irrigation on the entrance berm. This berm needed to tie into the whole scope of the grading plan which has taken us more time than originally anticipated due to surveying schedules and contractor schedules. Vl'e propose to have this berm completcd no later than Nov. 1, ?002. Originally the landscaping was to be corttpleted by Scpt.30,2002 . The grading plans are submitted to the city engineer for approval and we expect to begin work on the berm project as soon as the permit for the grading plan is approved and issued. If you have any questions on these issues please feel free to call me. 6~ 1-405-3247 Thank you, Mike Tutna $estBrands Corp. R9 Agenda Information Memo October 1, 2002, Eagan City Council Meeting V. PUBLIC HEARINGS A. VARIANCE TO SIDE YARD SETBACK FOR ACCESSORTY STRUCTURE 3626 LAKEVIEW TRAIL (Rvan Ruzek) ACTIONS TO BE CONSIDERED: To approve a two foot variance to the required five foot side yard setback, to build an 8' X 16' structure for existing pool equipment at 3626 Lakeview Trail; subject to the conditions suggested in the staff report. FACTS: • The pool and pool equipment were in existence when the applicant purchased the property. • There are no other accessory structures on the property. • The accessory structure covers the pool equipment and provides some extra storage space. • The lot is approximately 27,660 square feet. It is 78 feet wide; •the width requirement for a single family lot is 85 feet. • There is a four foot high white fence around the pool that extends past the equipment to the property line. ATTACHMENTS (1): Planning staff report, pages-I-tv'~- ~d~ ~~~b /~ PLANNING REPORT CITY OF EAGAN REPORT DATE: September 20, 2002 APPLICANT: Ryan Ruzek PROPERTY OWNER: Ryan Ruzek REQUEST: Variance LOCATION: 3626 Lakeview Trail CASE: 16-VA-29-09-02 HEARING DATE: October 1, 2002 APPLICATION DATE: September 4, 2002 PREPARED BY: Sheila O'Bryan COi\TPREHENSIVE PLAN: LD, Low Density (0/4 units/acre) ZONING: R-1, Residential Single-family SE1I'~IARY OF REQUEST Ryan Ruzek is requesting a two foot variance to the required five foot side yard accessory building setback, to build a structure to cover existing pool equipment. 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: 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. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. CODE REQUIREMENTS The City Code requires a five foot side yard setback for garages and accessory structures in the R-1 Zoning district. /o/ BACKGROUND/HISTORY The applicant originally filed an application to vacate a portion of the easement on the east side of the property that is being encroached upon by the pool equipment cover. During this process it ~~~as discovered that a variance was necessary because the proposed structure would encroach two feet into the five foot side yard setback. The existing single family home was built in 1991; the swimming pool was constructed in 1995. The pool was in existence when the applicant purchased the property. For longevity of the pool equipment the applicant would like to cover the exposed equipment. EXISTING CONDITIONS There is an existing 1,826 square foot single family home with a 630 square foot attached garage on this 27,660 square foot lot, meeting all of the current setback requirements. There are no existing accessory structures on this lot. There is a five foot easement on the east and west side, a 10 foot easement in the front and a large drainage and utility easement to the rear of the property. The existing pool equipment encroaches slightly into the east side easement. The existing pool is approximately 12 feet from the house, 23 feet from the east property line and 36 feet from the west property line. The pool equipment is located about seven feet to the east of the pool. There is a four foot white fence around the pool that extends past the equipment. EVALUATION OF REQUEST The applicant is requesting to add an 8' X 16' structure over the existing pool equipment. The structure will serve as a cover to the equipment with some extra storage space. The Zoning Ordinance requires a five foot side yard setback to accessory structures. The proposed location is 3 feet from the side lot line. The pool equipment is located within the fenced in area around the pool. The accessory structure for the pool equipment will maintain this location. The proposed accessory structure will have a glass sliding door as well as a service door. The structure is proposed at eight feet in height. There is no indication that the materials, design and color of the accessory structure will match that of the principal structure. However, this is a code requirement that must be met. APPLICANT'S ESTIMATE OF HARDSHIP The applicants have submitted a site plan showing the swimming pool and pool equipment, as well as the proposed location for the accessory structure to cover the equipment. A brief narrative was also submitted. According to the narrative the reason for a structure to cover the pool equipment is to "increase the life of the pool equipment as well as improve general aesthetics on the site." /D ~ The applicant's narrative indicates "the reason for encroachment is that the existing equipment is already located there (and was when I purchased the home)." The applicant also points out that the lot does not conform to Section 11.20 Subdivision 6(A) of the Eagan Zoning Code. This section requires an 85 foot lot width for single family dwellings; the applicant's lot is 78 feet wide. This is seven feet shy of the width requirement and the pool equipment structure deviates from the setback requirement by two feet. SUMMARY/CONCLUSION The applicant is requesting a two foot variance to the required side yard setback for accessory structures. The applicant proposes to construct an 8' X 16' structure to cover existing pool equipment that also provides some storage space. The applicant has applied for vacation of the portion of the easement that is being encroached upon. The pool equipment was in existence in its current location when the applicant purchased the property. ACTION TO BE CONSIDERED To approve a two foot variance to the required five foot side yard setback, to build an 8' X 16' structure for existing pool equipment at 3626 Lakeview Trail. If approved, the following conditions shall apply: If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The pool equipment accessory structure shall be constructed according to the plans dated 7/8/02 and received 9/3/02. 3. The roof of the pool equipment structure shall match the pitch and style of the principal structure and the color shall match the principal structure. 4. The pool equipment structure shall be subject to all other City Code standards applicable to detached accessory structures. /~.3 Q E.~.~ eow-d„y // ~ ~ Location Map j~-~ s~~t CMIMIn~ ~f FarcN Arraa Bulldlnq Footpfnt ~ ~ _~ I I~~ ~ ~ ~ ' ' ~ ~ ~~y~ ~_ ~ f '~ ~ -J ~' ~ ,' _ 7 t~ 7 ~ L _1 ~U I o s 4,~ 1 ~'~~ pppggq .~ - - i e ~~ ., _ ooa ~ a -_ __ °°' ~. ~ . ~ .. ~ J ~ Sub'ect Site ~ , `3 c ~ ' (~ ` ~ _^_. ..... ~ 3 ' ~ 1 ~ --~---~ ,J -, ~ ~ ~ 13 ~ ~ ~ ~ ,~ ~ ~ ~ t _ ~ ~ il- ~ ~ J 1 ~i -l ~ ~ } ~ , _ _ - ? 6- ~ x ~ J ,3 ~ ~ 3 7 3 ti G I' ~ L g'~--;--4~/ ~ ~ ~ ~ ~ I, ~' ~' `~ c a - - - ~ L " _ ~~'~:~~ 7 S S ~ `~~~ -7 S •'f ; ~ ~ ~ r J. ~ ~ !« ' J l ~ ~ `~` ~ V ~ _ , ~ am ' , ~ ~ _~ 7 1~ ~ 'i ~ ' ~~ Jj 7 T ` 1 .J ~a ' ~ J J .. ~ 7 i ^. -v i '+~~ J ~ i 'J , Tl ~. ~ ~ ~ ? ~ y? '3 ] ~ ; ~ c~ g ~ ~ ~ ~ 7 ~ +~~~111 :71~~. 7 +„~"• •~. y ~' a ~ ~ ~~ a ~ ~ ~ ~ ~ ~~ a ~~ a ~ ~ ' ~ ] ~ ~ . 9~y ~dJ~93O~ O - , ~l ~ J J .. 7 .J 'i J ._ _ r ' - - > 7 / 1000 0 1000 2000 Feet Development/Developer: Ryan Ruzek Application: Variance Case No.: 16-VA-29-09-0 ~~ Map PnpanrA ufirq ERSI AreVknv 7.1. Parch W w nup ofn pranOfd W Ofkoh County t~nC Swvfy Ofpfrtrnfnl sno n aunnt of of Mare 2002. INTENDED FOR REF RENCE USE ONLY w E City of Eagan y ,y .~ c q TNIS MAF IS E Tfi~ Clty of Eay~n snd Dakota county do not ousr~ntN tM accuracy of this Ir~fomrstlon sod arm g p,,,wr„rry pwreanr~r p.a.re~ne not naponslbl• for orrora a omisslona. __ LOT SURVEYS COMPANY, INC. INVOICE N0.2ASSp f. B. N0.50~ to LAND 9URYEYOR3 SCALE i"1n' 0 -DENOTES IRON REGISTERED UNDER LAWS OF STATE OP MINNR90TA T401 • T~cd Avsnu~ Noah 6403093 ~- - NinneapolG, Mlnneao4 66428 _- ~ I Burveyara Qirrtff~ratr ' ZAUDTKE fIQ4E BUILDERS ^ Denotes Maod Hub Set For Bccavatian Qtly Denotes Surfece Drainage ~ '°°•° Denotes Existing Elevation °p- ° Denotes Proposed Elevation Type of Building -Split level xalkout to derJc Top of Block stairs do>rn to grotald 877 . Garage Floor Elevation ~ : ~ 87/. Z ~ / / Lowest Most Floor ^~ ~ ~~. it c...,,,, t.~ o ` ~r i~ ~r N a~ I i 88.2 - ~ oQ r ~__- -- -_ -~-- ~ q ~ S~ ~ ~`~Y _ \ ~ .~ YT ~ ~. \ ~ ~ b ~ ~ R\ \ ~ \ •\~ ~/ `\• ,~/ ~ 6Vh'7 E. / 9~ / , 'rye, / r9 / 3 / 61..1.1 , '/ . 1. a \ / 's. 4v a, 3. / j ~o ±i ~S ~S ~. ~ N \, ~, cc RO 6V ~ / / ~ ~ :a is ~ ~,,I. e i ; ~• • ~ !` ~~ ' ' • ~, ~~ ~. Q / \ ; S r~ X `~ <;ir 61.1._, / • o y•. CCU ,~o' / ~ Lot 7, Block 1, STWEY POINT 2ND ADDITIOY ~\ T~/, n. TM Oflh aaaarlwnb al+own Ya fnyn Plata OI nrad Or Infamatlon p~wWld by Y11r fw.0y gAlfy that tNa !• a tna an0 conact tprawnWlon or a lurv.r of IM / e«nwY+.. a tM aDon aaacnead lard and tfr Ioutlon a.ll bulalrq! and rla• IWa Y~CIOaCIYflanta, II Ylp, hom or on add Wfd Sipad •&rrf'ad W ~ ~. ~~day of Jan ua p~ P ~ gl aynand A. Vraacit, Mlnn. Rp. No. 474,7 Design # 42271 ~ ~ ' 7/8/2002 ~ ~ R *** Take Phis sheet to the Building Materials counter to purchase your materials. *** You selected a arc a with these o tions: 9 9 p 8' Wide X tb' Deep X 8' High Gable roof w/ 6/12 pitch truss construction 12" gable/12" cave overhangs 1/2" OSB Wall Sheathing 1/2" OSB Roof Sheathing 12" Textured Hardboard lap Siding 30 yr. Oakridge, Desert Tan Shingles Pine Soffit ~ fascia Royal Brown Aluminum Regular Roof Edge Pine overhead door jamb Front View ~_ ,~ r~`~~_,, /' ./ r ~~~ /~ ~~ ~l~ Today's cost for materials estimated in this design: $ 1378.63 Base garage without options: $ 774.30 *The base price include:: 0" Eeva/0" 6~ble Overhmgs, 2X4 WWII Studs, 7/16 OBS Roof Sheathing, 20 yr. Fiberglass Cl~ssie -Onyx Black Shingles, Pine Fesei~, G~Iv~nized Reguf~r Roof Edge, 8" Textured Vertical N~rdboud Siding, No Service Doors, No 0 Doors, No Windows, or Any Other Options. Beek View "` Agenda Information Memo October 1, 2002 Eagan City Council Meeting B. PROJECT 853, WOODGATE 1ST ADDITION -STREET OVERLAY FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for Project 853 (Woodgate 1s2 Addition -Street Overlay) and authorize its certification to Dakota County for collection. FACTS: • Project 853 provided for the bituminous overlay of the streets within the Woodgate 151 Addition neighborhood in south-central Eagan, as outlined and discussed in the feasibility report. • The final assessment roll was presented to the City Council on September 3, 2002, with a public hearing scheduled for October 1 to formally present the final costs associated with this public improvement to the affected benefiting properties. The final assessments are approximately 8% less than the estimate contained in the feasibility report presented at the public hearing held on November 20, 2001. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on September 23 to address all property owners' questions or concerns and provide any additional information of interest. Of the 126 parcels (R-1, 2, 3 properties) being assessed, no one attended the meeting.. ATTACHMENTS: • Final Assessment Report, pagesthrough /0 7 FINAL ASSESSMENT HEARING PROJECT HEARING DATES NUMBER - 853 ASSESSMENT - October 1, 2002 NAME - Wood~ate 1 S` Addition IMPROVEMENT - November 20, 2001 Mill and Overlay IMPROVEMENTS INSTALLED AND/OR ASSESSED F.R.=Feasiblity Report FINAL F.R FINAL F.R RATE RATE UNITS RATE RATE UNITS SANITARY SEWER STORM SEWER ^ Trunk ^ Trunk ^ Lateral ^ Lateral ^ Service ^ Lat. Benefit/trunk ^ Lat. Benefit/trunk WATER STREET ^ Trunk ^ Gravel Base ^ Lateral 0 Surfacing Single $275.45 $300 /Lot ^ Service Townhouse $206.59 $225 /Unit. ^ Lat. Benefit/trunk ^ WAC ^ C/I Equiv. ^ TraiUSidewalk SERVICES STREET LIGHTS ^ Water & San Sewer ^ Installation ^ Ener Char e CONTRACT NO.OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED $30,900 F.R. $66,800 F.R. 02-03 126 5 Year 5.50% $28.371.58 $54.468.72 COMMENTS: /od ~_. ~. . MEMO _ __ t, ~.,ti city of eagan MEMO TO: Mayor and City Council FROM: Gerald R. Wobschall DATE: September 1, 2002 SUBJECT: Final Assessment Roll Project No.853 Woodgate 13~ Addition Street Overlay The City Council at the conclusion of the public hearing on November 20, 2001 ordered Project 853. According to the feasibility report, the following improvements were to be constructed and/or assessed. The improvements are mill and overlay of existing streets and replacement of curb and gutter. In the feasibility study, it was proposed to assess the improvements using a lot unit method for single-family properties, and linear methods for other property types. This assessment roll is prepared using the methods presented at the public hearing. Construction of the improvements was accomplished under Contract No. 02-03, which is complete. The assessment hearing is scheduled for October 1, 2002. The following information was used in the preparation of the assessment roll. I. PROJECT COST The construction cost includes the amount of $65,323.17 paid to the contractor for the construction of the following detailed improvements. Other costs which consist of engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling in the amount of $17,517.13 were incurred resulting in an improvement and project cost of $82,840.30. The detail of these other costs is provided on Schedule I and they are allocated to the improvements constructed in order to determine the cost of each improvement. CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS COST REPORT Street resurfacing $44,743.97 $11,998.59 $56,742.56 $62,000 Curb repair 19,329.20 5,183.34 24,512.54 3,700 Utility repair 1,250.00 335.20 1,585.20 TOTAL $65,323.17 $17,517.13 $82,840.30 $97,700 /0 9 II. ASSESSMENTS A. TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none aze proposed in this assessment roll. B. STREET IMPROVEMENTS 1. Street Overlay The cost of the street overlay improvement was computed using the following unit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Mobilization LS. 1 $1.00 $1.00 Mill bituminous surface Sq. Yd. 5,340 1.00 5,340.00 Bituminous mat. for tack coat Gal. 850 1.50 1,275.00 TSPe 41 Wear Course Ton 1,217.94 27.20 33,127.97 Traffic control L. S. 1 750.00 750.00 Adjust water valve box Each 2 125.00 250.00 Adjust manhole casting Each 16 250.00 4,000.00 SUBTOTAL $44,743.97 Other costs @26.81% 11,998.59 IVTiII and Overlay Cost $56,742.56 2. Computation of Lot Equivalents There are 92 townhouse properties and 34 single-family properties proposed for assessment. The lot equivalents were computed in the following manner: Property Class Number of Lots Weighting Factor Lot Equivalents Townhouse 92 75% 69 Single family 34 100% 34 Lot Equivalents 126 103 /%o A. Low Density Residential Property Assessment Rate The improvement cost for this low-density residential property classification was computed using: TOTAL IMPROVEMENT COST $56,742.56 IMPROVEMENT RATE ASSESSABLE UNITS 103 Lot Equiv. ASSESSABLE PORTION IMPROVEMENT RATE $550.90/Lot Equiv. ASSESSMENT RATE $550.90/ Lot Unit X 50% $275.45/Lot B. Townhouse Property Assessment Rate The improvement cost for this low-density residential property classification was computed using: SINGLE FAMILY ASSESSABLE ASSESSMENT RATE ASSESSivIENT RATE PORTION TOWNHOUSE PROPERTIES 5274.45 75%. $206.59/IJnit 2. Curb and Gutter replacement The cost to replace damaged curb and gutter amounted to $19,329.20. Other costs in the amount of .55,183.34 were allocated resulting in a replacement cost of $24,512.54. This improvement will be financed by the City's Major Street Fund. 3. Utility Repairs A. Water Utility Repair The contractor repaired 5 gate valves at $150.00 each. This results in a contract cost of $750.00. Other cost in the amount of $201.12 were allocated resulting in a cost of $951.12. These costs are to be financed by the Water Division of the City's Utility Fund. B. Sanitary Sewer Repair The contractor removed and replaced a manhole casting at a cost of $500.00. Other costs in the amount of $134.08 were allocated resulting in an improvement cost of $634.08. The cost of this improvement is to be financed by the Sanitary Sewer Division of the City's Utility Fund. C. ASSESSMENT SPREAD The special assessments are spread to the abutting and adjacent parcels. D. ASSESSMENT TERMS The assessments for this project have a term of 5 years with interest charged at an annual interest rate of 5.50 % on the unpaid balance. /i/ III. CITY REVENUES/(RESPONSIBILITIES) IMPROVEMENT IMPROVEMENT COST ASSESSMENT Streets Resurfacing $56,742.56 $28,371.58 Curb Replacement 24,512.54 Utility Repair 1,585.20 TOTAL $82,840.30 528,371.58 The following funds will provide financing for the listed improvements. Major Street Fund Water Division Utility Fund Santary Sewer Division Utility Fund Total Gerald R. Wobschall Reviewed Reviewed ~ i Public Works Depar ent Financ epartment Dated Dated cc: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I GRW //i CITY'S (RESPONSIBILITY) $(28,370.98) (24,5 12.54) (1,585.20) $(54,468.72) $52,883.52 951.12 634.08 $54,468.72 Co~ibined Assessment Roll S,4 NBR IOP8.i3 Under Pending (Over) PID Addition Name Assessment Assesment Estimate 10-84600-010-01 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-010-02 WOODGATE 1ST $206.59 $225.00 518.41 10-84600-010-03 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-010-05 WOODGATE 1ST $275.45 $300.00 $24.55 10-84600-010-06 WOODGATE 1ST 5275.45 $300.00 $24.55 10-84600-010-07 WOODGATE 1ST 5275.45 $300.00 524.55 10-84600-010-08 WOODGATE 1ST $275.45 $300.00 $24.55 10-84600-020-01 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-020-02 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-020-03 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-020-OS WOODGATE 1ST $275.45 $300.00 $24.55 10-84600-020-06 WOODGATE 1ST 5275.45 $300.00 $24.55 10-84600-020-07 WOODGATE 1ST 5275.45 $300.00 $24.55 10-84600-020-08 WOODGATE 1ST $275.45 $300.00 $24.55 10-84600-030-01 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-030-02 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-030-03 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-030-05 WOODGATE 1ST $275.45 $300.00 $24.55 10-84600-030-06 WOODGATE 1ST $275.45 $300.00 $24.55 10-84600-030-07 WOODGATE 1ST 5275.45 $300.00 $24.55 10-84600-030-08 WOODGATE 1ST $275.45 $300.00 $24.55 10-84600-040-Ot WOODGATE 1ST $206.59 $225.00 518.41 10-84600-040-02 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-040-03 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-040-05 WOODGATE 1ST $275.45 $300.00 $24.55 10-84600-040-06 WOODGATE 1ST 5275.45 $300.00 $24.55 10-84600-040-07 WOODGATE 1ST $275.45 $300.00 $24.55 10-84600-040-OB WOODGATE 1ST 5275.45 $300.00 $24.55 10-84600-050-01 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-050-02 WOODGATE 1ST $206.59 $225.00 $18.41 Tuesday, September 24, 2002 /~ Page I oj5 Combined Assessment Roll SA_NBR IOP853 Under Pending (Over) PID Addition Name Assessment Assesment Estimate 10-84600.050-03 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-050-05 WOODGATE 1ST $275.45 5300.00 $24.55 10-84600-050-06 WOODGATE 1ST $275.45 $300.00 $24.55 10-84600-050-07 WOODGATE 1ST $275.45 $300.00 $24.55 10-84600-050-08 WOODGATE 1ST $275.45 $300.00 $24.55 10-84600-060-01 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-060-02 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-060-03 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-060-05 WOODGATE 1ST $275.45 $300.00 $24.55 10-84600-060-07 WOODGATE 1ST $275.45 $300.00 $24.55 10-84600-060-08 WOODGATE 1ST $275.45 $300.00 $24.55 10-846D0-070-01 WOODGATE 1ST $206.59 $225.00 $18.41 10-846D0-070-02 WOODGATE 1ST $206.59 $225.00 518.41 10-84600-070-03 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-070-05 WOODGATE 1ST $275.45 $300.00 524.55 10-84600-070-07 WOODGATE 1ST $275.45 $300.00 $24.55 10-84600-070-08 WOODGATE 1ST $275.45 $300.00 $24.55 10-84600-080-01 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-080-02 WOODGATE 1ST $206.59 $225.00 518.41 10-84600.080.03 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-080-05 WOODGATE 1ST $275.45 $300.00 $24.55 10-84600-080-08 WOODGATE 1ST $275.45 $300.00 324.55 10-84600-090-01 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-090-02 WOODGATE 1ST S206.59 $225.00 $18.41 10-84600-090-03 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600.090-05 WOODGATE 1ST $275.45 $300.00 324.55 10-84600-090-OS WOODGATE 1ST $275.45 $300.00 $24.55 10-84600-100-01 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-100-02 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-100-03 WOODGATE 1ST $206.59 $225.00 $t8.41 Tuesday, September 14,1001 ) / Page 2 of S Combined Assessment Roll SA NBR IOP8~3 Under Pending (Over) PID Addition Name Assessment Assesment Estimate f 0-84600-100-05 WOODGATE 1ST $275.45 $300.00 $24.55 10-84600-110-01 WOODGATE 1ST $206.59 5225.00 $18.41 10-84600-110-02 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-110-03 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-110-05 WOODGATE 1ST $275.45 $300.00 $24.55 10-84600-120-01 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600.120-02 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-120-03 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-120-OS WOODGATE 1ST $275.45 $300.00 $24.55 10-84600-130-01 WOODGATE 1ST $206.59 5225.00 $18.41 10-84600-130-02 WOODGATE 1ST $206.59 $225.00 $18.41 1 0-846 00-1 30-03 WOODGATE 1ST $206.59 5225.00 $18.41 10-84600-130-05 WOODGATE 1ST $275.45 $300.00 $24.55 10-84600-140-01 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-140-02 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-140-03 WOODGATE 1ST $206.59 5225.00 $18.41 10-84600-150-01 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-150-02 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-150-03 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-160-01 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-160-02 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-160-03 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600.170-01 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-170-02 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-170-03 WOODGATE 1ST ~ $206.59 $225.00 $18.41 10-84600-180-01 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-180-02 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-180-03 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-190-01 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-190-02 WOODGATE 1ST $206.59 $225.00 $18.41 Tuesday, Sep ember 24, 2001 / /~ Page 3 of S Co~~zbined Assessment Roll SA NBR IOP8.i 3 Under Pending (Over) PID Addition Name Assessment Assesment Estimate 10-84600-190-03 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-200-01 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-200-02 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-200-03 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600.210-01 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-210-02 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-210-03 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-220-01 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-220-02 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-220-03 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-230-01 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-230-02 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-230-03 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-240-01 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-240-02 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-240-03 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-250-01 WOODGATE 1ST $206.59 $225.00 $18.41 10-64600-250-02 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-250-03 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-260-01 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-260-02 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-260-03 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-270-01 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-270-02 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-270-03 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-280-01 WOODGATE 1ST $206.59 E225.00 $18.41 10-84600-280-02 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600.280-03 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-290-02 WOODGATE 1ST 3206.59 $225.00 $18.41 10-84600-300-02 WOODGATE 1ST $206.59 $225.00 $18.41 Tuesday, September 24, 2002 //~ Page 4 oj5 Co~ibined Assessment Roll S.4 NBR IOPB~ 3 Under Pending (Over) PID Addition Name Assessment Assesment Estimate 10-84600.310-02 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-320-02 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-330-02 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-340-02 WOODGATE 1ST $206.59 $225.00 $18.41 10-84600-350-02 WOODGATE 1ST $206.59 ~ $225.00 $18.41 10-84600-360-02 WOODGATE 1ST $206.59 $225.00 $18.41 Summary for 'SA_NBR' = 10P853 (126 detail records) Sum 528, 371.58 530, 900.00 $2, 528.42 Grand Total ~ $28, 37L 58 $30, 900.00 S2, 528.41 Tuesday, September 14, 2001 / / ~ Page S ojS MALLARD PARK 4TH ADD. Nib- HICKORY ~~ 1 O~~ Q. O~ P~ ~ ~O ~ ~; ,, .% vi ,. ~' ~^~/ ti z ~~ ~w ~,. L. ~ 0 ?,= 14'~ OUTLOT B r 15 •• 2 . , 6 ••. ... 1 18 20 22 24 26 28 30 32 33 36 • 21 2 27 29 31 34 35 • 19 • • • ~- • • • • • i 1• • =- .-..`,.:HICKORY ~_`LANE°°; ' 1315 t7 • i1 • •527 `_, 9 14 19 • = '* 2 R g .* C t1 w~ a O.L. C 13 '>k ,~.-~_ -, i CLIFF ROAD .~~~~^ • ~. - Q ~~~~ P~ G ~ ~, Q O I- ~~~~~ ~~ G ~. --- _ ~, n ~ _ LEGEND --- o d~ ~. --- ASSESSMENTAREA STREET IMPROVEMENTS SINGLE-FAMILY $ 275.45 /Lot Assessment TOWNHOUSE $ 206.59 /Unit Assessment SCALE: 1"=300 FT. ~T~ 9/111n2 c r.a.mu~vmna/a» _ruooc.. i[/rn~i assESs ODGATE 1st ADDITION Figure ST PROVEMENTS /ASSESSMENT MAP City of Eagan CITY PROJECT 853 ~ P~ Q _, Q MALLARD DR. - - - - ~P~ - --~~}~ - _ - - - --- ~~ -, P ____ _- _ _ - - -- - - 3 ~ 1 ;1 1e • ,x922 2s• - __: MALLA_F~Q_~ . 1 3 5 ~ •• 1 y~ P~-''-; ----- _ ~ ---- - • • • • 1 `; ~, • 3 1 • • • 5 .r~ - - 2 • 6 8 ~~~' • 7 4 •2 - - _ - . P~ ~~ C ~P ~ ~ ,- P Agenda Information Memo October 1, 2002 Eagan City Council Meeting C. PROJECT 855.OAK CHASE 6T" / CHES MAR EAST ADDITIONS - STREET OVERLAY FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for Project 855 (Oak Chase 6"'/ Ches Mar East Additions -Street Overlay) and authorize its certification to Dakota County for collection. FACTS: • Project 855 provided for the bituminous overlay of the streets within the Oak Chase 6`''/ Ches Mar East Additions neighborhood in southeast Eagan, as outlined and discussed in the feasibility report. • The final assessment roll was presented to the City Council on September 3, 2002, with a public hearing scheduled for October 1 to formally present the final costs associated with this public improvement to the affected benefiting properties. The final assessments are approximately 27% less than the estimate contained in the feasibility report presented at the public hearing held on December 11, 2001. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on September 25 to address all property owners' questions or concerns and provide any additional information of interest. Of the 133 parcels (R-lproperties) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pagesthrough. /~9 FINAL ASSESSMENT HEARING PROJECT HEARING DATES NUMBER - 855 ASSESSMENT - October 1, 2002 NAME - Oak Chase 6'" and Ches Mar East 15f- 4th IMPROVEMENT - December 11:2001 Mill and Overlay IMPROVEMENTS INSTALLED AND/OR ASSESSED F.R.=Feasibility Report FINAL RATE SANITARY SEWER ^ Trunk ^ Lateral ^ Service ^ Lat. BenefitJtrunk F.R RATE UNITS STORM SEWER ^ Trunk ^ Lateral ^ Lat. Benefitltrunk FINAL F.R RATE RATE UNITS WATER ^ Trunk ^ Lateral ^ Service ^ Lat. Benefit/trunk ^ WAC SERVICES ^ Water & San Sewer STREET ^ Gravel Base 0 Surfacing Single ^ C/I Equiv. ^ TraiUSidewalk STREET LIGHTS ^ Installation O Energy Charge $340.60 $467 /Lot CONTRACT NO. OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED $62,11 l F.R. $130,689 F.R. 02-03 133 5 Year 5.50% 45 299.80 $129.079.69 COMMENTS: lao MEMO TO: city of eagan Mayor and City Council FROM: Gerald R Wobschall DATE: September 1, 2002 SUBJECT: Final Assessment Roll Project No.855 Oak Chase 6`h and Ches Mar East 13~-4"' Additions Street Overlay IvIEMO The City Council at the conclusion of the public hearing on December 11, 2001 ordered Project 8~5. According to the feasibility report, the following improvements were to be constructed and/or assessed. The improvements are mill and overlay of existing streets and replacement of curb and gutter. In the feasibility study, it was proposed to assess the improvements using a lot unit method for single-family properties, and linear methods for other property types. This assessment roll is prepared using the methods presented at the public hearing. Construction of the improvements was accomplished under Contract No. 02-03, which is complete. The assessment hearing is scheduled for October 1, 2002. The following information was used in the preparation of the assessment roll. I. PROJECT COST The construction cost includes the amount of $145,923.19 paid to the contractor for the construction of the following detailed improvements. Other costs which consist of engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling in the amount of $28,456.30 were incurred resulting in an improvement and project cost of $174,379.49. The detail of these other costs is provided on Schedule I and they are allocated to the improvements constructed in order to detem7ine the cost of each improvement. CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COST5 COST REPORT Street resurfacing $75,816.34 $14,784.85 $90,601.19 $124,100 Curb repair 68,006.85 13,261.93 81,268.78 68,700 Utility repair 2,100.00 409.52 2,509.52 TOTAL $145,923.19 $28,456.30 $174,379.49 $192,800 /a/ II. ASSESSMENTS A. TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. B. STREET IMPROVEMENTS 1. Street Overlay The cost of the street overlay improvement was computed using the following unit prices and quantities: UNIT EXTENDED ITEM ______UNIT_. ______ QTY_ _PRICE COST Mobilization LS. __ 1 _____ $1,000.00 ____________ $1,000.00 Mill bituminous surface Sq. Yd. 8,730 .85 7,420.50 Bituminous mat. for tack coat Gal. 1,000 1.50 1,500.00 Type 41 Wear Course Ton 2,107.39 26.50 55,845.84 Traffic control L. S. 1 750.00 750.00 Adjust water valve box Each 8 100.00 800.00 Adjust manhole casting Each 34 250.00 8,500.00 SUBTOTAL 575,816.34 Other costs @19.50% 14,784.85 Mill and Overlay Cost 590,601.19 2. Computation of Lot Equivalents There are 61 single-family properties and 36 duplex buildings, with each duplex subdivided. The lot equivalents was computed in the following manner: Property Class Number of Lots Weighting Factor Lot Equivalents Single family 61 100% 61 Duplex 72 100% 72 Lot Equivalents 133 133 ~~ A. Low Density Residential Property Assessment Rate The improvement cost for the low-density residential property classification was computed using: TOTAL IMPROVEMENT ASSESSABLE COST UNITS IMPROVEMENT RATE $90,601.19 IMPROVEMENT RATE 133 Lot Equiv. ASSESSABLE PORTION $681.21/ Lot Unit X 50% 2. Curb and Gutter replacement $681.21/Lot Equiv. ASSESSMENT RATE $340.60/Lot The cost to replace damaged curb and gutter amounted to $68,006.85. Other costs in the amount of 513,261.93 were allocated resulting in a replacement cost of $81,268.78. This improvement will be financed by the City's Major Street Fund. 3. Utility Repairs A. Water Utility Repair The contractor repaired 12 gate valves at $175.00 each. This results in a contract cost of $2,100.00. Other cost in the amount of $409.52 were allocated resulting in a cost of $2,509.52. These costs are to be financed by the Water Division of the City's Utility Fund. C. ASSESSMENT SPREAD The special assessments are spread to the abutting and adjacent parcels. D. ASSESSMENT TERMS The assessments for this project have a term of 5 years with interest charged at an annual interest rate of 5.50 % on the unpaid balance. III. CITY REVENUES/(RESPONSIBILITIES) IMPROVEMENT CITY'S IMPROVEMENT COST ASSESSMENT (RESPONSIBILITY) Streets Resurfacing $90,601.19 $45,249.80 $(45,301.39) Curb Replacement 81,268.78 (81,268.78) Utility Repair 2,509.52 (2,509.52) TOTAL $174,379.49 ~ $45,299.80 $(129,079.69) /~ . The following funds will provide financing for the listed improvements. Major Street Fund Water Division Utility Fund Total ~-/~~~~ ~ Gerald R. Wobschall Reviewed ~- ~ Public Works Departm t 9 -z~ -02- Dated Dated cc: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I GRW /a~ $126,570.17 2,509.52 $129,079.69 Cr.~~~L Combined Assessment Roll SA_NBR IOP855 PID 10-02600-010-51 1 0-1 71 50-01 0-01 10-17150-010-02 1 0-1 71 50-01 0-03 10-17150-020-01 10-17150-020-02 10-17150-020-03 10-17150-030-01 1 0-1 71 50-030-02 10-17150.030-03 1 0-1 71 50-040-01 10-17150-040-02 10-17150-040-03 10-17150-050-02 1 0-1 71 50-050-03 1 0-1 71 50-060-02 1 0-1 71 50-060-03 1 0-1 71 50-070-02 10-17150-070-03 10-17150-080-03 10-17150-081-02 10-17150-082-02 10-17150-090-02 10-17150-090-03 10-17150-100-02 10-17150-100-03 10-17150-110-02 10-17150-110-03 10-17150-120-02 10-17150-120-03 Under Pending (Over) Addition Name Assessment Assesment Estimate SECTION 26 $340.60 CHES MAR EAST 1ST $340.60 CHES MAR EAST 1ST $340.60 CHES MAR EAST 1ST $340.60 CHES MAR EAST 1ST $340.60 CHES MAR EAST 1ST $340.60 CHES MAR EAST 1ST $340.60 CHES MAR EAST 1ST $340.60 CHES MAR EAST 1ST _ $340.60 CHES MAR EAST 1ST $340.60 CHES MAR EAST 1ST $340.60 CHES MAR EAST 1ST $340.60 CHES MAR EAST 1ST $340.60 CHES MAR EAST 1ST $340.60 CHES MAR EAST 1ST $340.60 CHES MAR EAST 1ST $340.60 CHES MAR EAST 1ST $340.60 CHES MAR EAST 1ST $340.60 CHES MAR EAST 1ST $340.60 CHES MAR EAST 1ST $340.60 CHES MAR EAST 1ST $340.60 CHES MAR EAST 1ST $340.60 CHES MAR EAST 1ST $340.60 CHES MAR EAST 1ST $340.60 CHES MAR EAST 1ST $340.60 CHES MAR EAST 1ST $340.60 CHES MAR EAST 1ST $340.60 CHES MAR EAST 1ST $340.60 CHES MAR EAST 1ST $340.60 CHES MAR EAST 1ST $340.60 $467.00 $126.40 $467.00 $ i 26.40 $467.00 $126.40 , $467.00 $126.40 $467.00 $126.40 $467.00 $126.40 $467.00 $126.40 $467.00 $126.40 $467.00 $126.40 $467.00 $126.40 $467.00 $126.40 $467.00 $126.40 $467.00 $126.40 $467.00 $126.40 $467.00 $126.40 $467.00 $126.40 $467.00 $126.40 $467.00 $126.40 $467.00 $126.40 $467.00 $126.40 $467.00 $126.40 $467.00 $126.40 $467.00 $126.40 $467.00 $126.40 $467.00 $126.40 $467.00 $126.40 $467.00 $126.40 $as7.oo $12s.ao $467.00 $126.40 $as7.oo $12s.aa Tuesday, Seple:nber 24, 2002 / ~ t~~ Paee 1 oj5 Combined Assessment Roll SA NBR IOP855 Under Pending (Over) PID Addition Name Assessment Assesment Estimate 10-17150-130-02 CHES MAR EAST 1ST $340.60 $467.00 $126.40 10-17150-130-03 CHES MAR EAST 1ST $340.60 $467.00 $126.40 10-17150-140-02 CHES MAR EAST 1ST $340.60 $467.00 $126.40 10-17150-150-02 CHES MAR EAST 1ST $340.60 $467.00 $126.40 10-17150-160-02 CHES MAR EAST 1ST $340.60 $467.00 $126.40 10-17150-170-D2 CHES MAR EAST 1ST $340.60 $467.00 $126.40 10-17150-180-D2 CHES MAR EAST 1ST $340.60 $467.00 $126.40 1 0-1 7 1 50-1 90-02 CHES MAR EAST 1ST $340.60 $467.00 $126.40 10-17150-200-02 CHES MAR EAST 1ST $340.60 $467.00 $126.40 10-17150-210-02 CHES MAR EAST 1ST $340.60 $467.00 $126.40 1 0-1 71 50-220-02 CHES MAR EAST 1ST $340.60 , $467.00 $126.40 1 0-1 71 50-231-02 CHES MAR EAST 1ST $340.60 $467.00 $126.40 1 0-1 71 50-241-02 CHES MAR EAST 1ST $340.60 $467.00 $126.40 1 0-1 71 50-250-02 CHES MAR EAST 1ST $340.60 $467.00 $126.40 10-17150-260-02 CHES MAR EAST 1ST $340.60 $467.00 $126.40 10-17150-270-02 CHES MAR EAST 1ST $340.60 $467.00 $126.40 10-17150-280-02 CHES MAR EAST 1ST $340.60 $467.00 $126.40 10-17150-290-02 CHES MAR EAST 1ST $340.60 $467.00 $126.40 1 0-1 71 50-300-02 CHES MAR EAST 1ST $340.60 $467.00 $126.40 10-17150.310-02 CHES MAR EAST 1ST $340.60 $467.00 ~ $126.40 10-17150-320-02 CHES MAR EAST 1ST $340.60 $467.00 $126.40 10-17150-330-02 CHES MAR EAST 1ST $340.60 $467.00 $126.40 10-17150.340-02 CHES MAR EAST 1ST $340.60 $467.00 $126.40 10-17150-350-02 CHES MAR EAST 1ST $340.60 $467.00 $126.40 1 0-1 71 50-360-02 CHES MAR EAST 1ST $340.60 $467.00 $126.40 10-17151-010-01 CHES MAR EAST 2ND $340.60 $467.00 $126.40 10-17151-010-02 CHES MAR EAST 2ND $340.60 $467.00 $126.40 10-17151-010-03 CHES MAR EAST 2ND $340.60 $467.00 $126.40 10.17151-020-01 CHES MAR EAST 2ND $340.60 $467.00 $126.40 10-17151-020-02 CHES MAR EAST 2ND $340.60 $467.00 $126.40 Tuesday, September l4, 2002 /~~ Page 2 oj5 Combined Assessment Roll SA NBR 1OP855 Under Pending (Over) PID Addition Name Assessment Assesment Estimate 10-17151-020-03 CHES MAR EAST 2ND $340.60 $467.00 $126.40 10-17151-030-01 CHES MAR EAST 2ND $340.60 $467.00 $126.40 10-17151-030-02 CHES MAR EAST 2ND $340.60 $467.00 $126.40 10-17151-030-03 CHES MAR EAST 2ND $340.60 $467.00 $126.40 10-17151-040-02 CHES MAR EAST 2ND $340.60 $467.00 $126.40 10-17151-040-03 CHES MAR EAST 2ND $340.60 $467.00 $126.40 10-17151-043-01 CHES MAR EAST 2ND $340.60 $467.00 $126.40 10-17151-050-02 CHES MAR EAST 2ND $340.60 $467.00 $126.40 10-17151-050-03 CHES MAR EAST 2ND $340.60 $467.00 $126.40 10-17151-060-02 CHES MAR EAST 2ND $340.60 $467.00 $126.40 10-17151-060-03 CHES MAR EAST 2ND $340.60 5467.00 $126.40 10-17151-070-02 CHES MAR EAST 2ND $340.60 5467.00 $126.40 1 0-1 71 51-070-03 CHES MAR EAST 2ND $340.60 $467.00 $126.40 10-17151-080-02 CHES MAR EAST 2ND $340.60 $467.00 $126.40 10-17151-080-03 CHES MAR EAST 2ND $340.60 5467.00 $126.40 10-17151-090-03 CHES MAR EAST 2ND $340.60 $467.00 $126.40 10-17151-100-03 CHES MAR EAST 2ND $340.60 $467.00 $126.40 10-17151-1 t0-03 CHES MAR EAST 2ND $340.60 $467.00 $126.40 10-17151-120-03 CHES MAR EAST 2ND $340.60 $467.00 $126.40 10-17152-010-01 CHES MAR EAST 3RD $340.60 $467.00 $126.40 10-17152-010-02 CHES MAR EAST 3RD $340.60 $467.00 $126.40 10-17152-010-03 CHES MAR EAST 3RD $340.60 $467.00 $126.40 10-17152-020-01 CHES MAR EAST 3RD $340.60 $467.00 $126.40 1 0-1 71 52-020-02 CHES MAR EAST 3RD $340.60 $467.00 $126.40 10-17152-020-03 CHES MAR EAST 3RD ~ $340.60 $467.00 $126.40 10-17152-030-01 CHES MAR EAST 3RD $340.60 $467.00 $126.40 10-17152-030-03 CHES MAR EAST 3RD $340.60 $467.00 $126.40 10-17152-040-01 CHES MAR EAST 3RD $340.60 $467.00 $126.40 1 0-1 71 52-040-03 CHES MAR EAST 3RD $340.60 $467.00 $126.40 10-17152-050-03 CHES MAR EAST 3RD $340.60 $467.00 $126.40 Tuesday, September 24, 2002 / ~ n Poge .3 oj5 Combined Assessment Roll SA NBR IOP855 Under Pending (Over) PID Addition Name Assessment Assesment Estimate 10-17152-051-01 CHES MAR ERST 3RD $340.60 $467.00 $126.40 10-17152-060-03 CHES MAR EAST 3RD $340.60 $467.00 $126.40 10-17152-061-01 CHES MAR EAST 3RD $340.60 $467.00 $126.40 10-17153-010-01 CHES MAR EAST 4TH $340.60 $467.00 $126.40 10-17153-010-02 CHES MAR EAST 4TH $340.60 $467.00 $126.40 10-17153-020-01 CHES MAR EAST 4TH $340.60 $467.00 $126.40 10-17153-020-02 CHES MAR EAST 4TH $340.60 $467.00 $126.40 10-17153-030-01 CHES MAR EAST 4TH $340.60 $467.00 $126.40 10-17153-030-02 CHES MAR EAST 4TH $340.60 $467.00 $126.40 10-17153-040-01 CHES MAR EAST 4TH $340.60 $467.00 $126.40 1 0-1 71 53-040-02 CHES MAR EAST 4TH $340.60 $467.00 $126.40 10-17153-050-01 CHES MAR EAST 4TH $340.60 $467.00 $126.40 10-17153-050-02 CHES MAR EAST 4TH $340.60 $467.00 $126.40 1 0-1 71 53-060-01 CHES MAR EAST 4TH $340.60 $467.00 $126.40 10-17153-060-02 CHES MAR EAST 4TH $340.60 $467.00 $126.40 10-17153-070-01 CHES MAR EAST 4TH $340.60 $467.00 $126.40 1 0-1 7 1 53-070-02 CHES MAR EAST 4TH $340.60 $467.00 $126.40 10-17153-080-01 CHES MAR EAST 4TH $340.60 $467.00 $126.40 10-17153-080-02 CHES MAR EAST 4TH $340.60 $467.00 $126.40 10-17153-090-01 CHES MAR EAST 4TH $340.60 $467.00 $126.40 1 0-1 71 53-1 00-01 CHES MAR EAST 4TH $340.60 $467.00 $126.40 10-17153-110-01 CHES MAR EAST 4TH $340.60 $467.00 $126.40 1 0-1 71 53-1 20-01 CHES MAR EAST 4TH $340.60 $467.00 $126.40 10-17153-130-01 CHES MAR EAST 4TH $340.60 $467.00 $126.40 10-17153-140-01 CHES MAR EAST 4TH $340.60 $467.00 $126.40 10-17153-150-01 CHES MAR EAST 4TH $340.60 $467.00 $126.40 10-17153-160-01 CHES MAR EAST 4TH $340.60 $467.00 $126.40 . 10-17153-170-01 CHES MAR EAST 4TH $340.60 $467.00 $126.40 10-17153-180-01 CHES MAR EAST 4TH $340.60 $467.00 $126.40 1 0-1 71 53-1 90-01 CHES MAR EAST 4TH $340.60 $467.00 $126.40 Tuesday, September 24, ?002 ~~ d Page 4 oj5 Combined Assessment Roll SA NBR IOP85.5 Under Pending (Over) PID Addition Name Assessment Assesment Estimate 10-17153-200-01 CHES MAR EAST 4TH $340.60 $467.00 $126.40 10-53505-010-01 OAK CHASE 6TH $340.60 $467.00 $126.40 10-53505-010-02 OAK CHASE 6TH $340.60 $467.00 $126.40 10-53505-020-01 OAK CHASE 6TH $340.60 $467.00 $126.40 10-53505-020-02 OAK CHASE 6TH $340.60 $467.00 $126.40 10-53505-030-01 OAK CHASE 6TH $340.60 $467.00 $126.40 10-53505-030-02 OAK CHASE 6TH $340.60 $467.00 $126.40 10-53505-040-01 OAK CHASE 6TH $340.60 $467.00 $126.40 10-53505-040-02 OAK CHASE 6TH $340.60 $467.00 $126.40 10-53505-050-01 OAK CHASE 6TH $340.60 $467.00 $126.40 10-53505-050-02 OAK CHASE 6TH $340.60 $467.00 $126.40 10-53505-060-01 OAK CHASE 6TH $340.60 $467.00 $126.40 10-53505-060-02 OAK CHASE 6TH $340.60 $467.00 $126.40 Summary for 'SA_NBR' = fOP855 (133 detail records) Sum 345, 299.80 562,111.00 316, 811.20 Gravid Total $45,299.80 ~ x'62,111.00 x'16,811.20 Tuesday, September 24, 2002 ^ Page S oj5 ~QCJ WILDERNESS RUN _ ,` ~ S o FP r` ~~ r' ~ _ _ .. _ _ _ - ~-i ~ GQ- - - ..-, ~ r~~' l DRNE _- _ ~ OFF ~- . r, ~ ' . a ~ ~.;;; ~= ---- ---- - _ _ _ ~ = ~~: ~. ~ _ _ , _ j'"-" ~ i CITY OF EAGAN " - ' - -c /\ Q ~ -- ,, ~ - LiJ I' F/ !1 ~\\ ~~ CLIFF ROAD /_3 ~•~ 2 ~ ~~~~__ 2 3 .* 12* *I 4 11 S *3 10 6 8 9 7 * * s' 7 `k DIVE'-= ~~'.. BL-0 36.,~ J ~ 31 '~t23 ~k # oe2-oz 35 ~- al-0 2 21 O q ~ * 34 _. ~ oq ` * * 10 25~ 1g* '~, ~ ' ~ ll - E1 26 32 17 L2 * * *1k ~k 2 * * 3 2 26 * 16 15 14 31 30 ~~ r - H, o P p,FtK NA` ON G gp,N RE `E ~.w~iw - - - - - ASSESSMENT AREA ~'~~~~'--~ STREET IMPROVEMENTS * $340.60 /Lot for street overlay 9/25/02 n ` G. Feasobility2002/855_OAK CH. 6TH-CHES MAR EAST/FINAL_ASSESS `//~/v~J OAK 6TH/CHES MAR EAST 1-4 Figure - STREET IMPROVEMENTS/AREA ASSESSMENT MAP City of Eagan CITY PROJECT 855 1 Agenda Information Memo October 1, 2002 Eagan City Council Meeting D. PROJECT 854 PARKCLIFF 1ST _ 3RD ADDITIONS -STREET OVERLAY FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for Project 854 (Parkcliff ls` - 3'~ Additions -Street Overlay), exluding Parcel ID No. 10-5670-030-01 (4640 Parkcliff Drive) and authorize its certification to Dakota County for collection. To authorize .re-notification of a final assessment public hearing for Project 854 for Parcel ID No. 10-5670-030-01 (4640 Parkcliff Drive) on November 7, 2002. FACTS: • Project 854 provided for the bituminous overlay of the streets within the Parkcliff 1S` - 3`d Additions neighborhood in southeast Eagan, as outlined and discussed in the feasibility report. • The final assessment roll was presented to the City Council on September 3, 2002, with a public hearing scheduled for October 1 to formally present the final costs associated with this public improvement to the affected benefiting properties. The final assessments are approximately 25% less than the estimate contained in the feasibility report presented at the public hearing held on November 20, 2001. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on September 25 to address all property owners' questions or concerns and provide any additional information of interest. Of the 73 parcels (R-lproperties) being assessed, one person representing one property attended the meeting. ISSUES • A letter of objection to the assessment questioning the validity of the public hearing notice has been received from Mr. Emmett Salberg, 4640 Parkcliff Drive (Parcel ID No. 10-5670-030-01). Based on Mr. Salberg's request, City staff recommends that the final assessment public hearing for Parcel ID No. 10-5670-030-01 be re-noticed and the public hearing to beheld on November 7, 2002. ATTACHMENTS: • Final Assessment Report, pages through I yQ • Informational Meeting Minutes, page • Letter of Objection from Mr. Emmett Salberg, page~~ /3/ FINAL ASSESSMENT HEARING PROJECT HEARING DATES NUMBER - 854 ASSESSMENT - October 1, 2002 NAME - Parkcliff 1" - 3`a Additions IMPROVEMENT - November 20, 2001 Mill and Overlay IMPROVEMENTS INSTALLED AND/OR ASSESSED F.R.=Feasiblity Report FINAL RATE SANITARY SEWER ^ Trunk ^ Lateral ^ Service ^ Lat. Benefitltrunk F. R RATE UNITS STORM SEWER ^ Trunk ^ Lateral ^ Lat. Benefit/trunk FINAL F.R RATE RATE UNITS WATER ^ Trunk ^ Lateral ^ Service ^ Lat. Benefidtrunk ^ WAC SERVICES ^ Water & San Sewer STREET ^ Gravel Base 8 Surfacing Single $446.06 $596 /Lot ^ C/I Equiv. ^ TraiVSidewalk STREET LIGHTS ^ Installation ^ Enerev Charee CONTRACT NO. OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED $43.508 F.R. $105.192 F.R. 02-03 73 5 Year 5.50% $32.562.38 $77.162.31 COMMENTS: /aa t~~ ~~- city of eagan MEN10 TO: Mayor and City Council FROM: Gerald R Wobschall DATE: September 1, 2002 SUBJECT: Final Assessment Roll Project No.854 Parkcliff 1st-3~d Addtions Street Overlay MEMO The City Council at the conclusion of the public hearing on November 20, 2001 ordered Project 854. According to the feasibility report, the following improvements were to be constructed and/or assessed. The improvements are mill and overlay of existing streets and replacement of curb and gutter. In the feasibility study, it was proposed to assess the improvements using a lot unit method for single-family properties, and linear methods for other property types. This assessment roll is prepared using the methods presented at the public hearing. Construction of the improvements was accomplished under Contract No. 02-03, which is complete. The assessment hearing is scheduled for October 1, 2002. The following information was used in the prepazation of the assessment roll. I. PROJECT COST The construction cost includes the amount of $91,893.07 paid to the contractor for the construction of the following detailed improvements. Other costs which consist of engineering, design, contract management, inspections, financing, legal, bonding, adnunistration, and other totaling in the amount of $17,831.62 were incurred resulting in an improvement and project cost of $109,724.69. The detail of these othei costs is provided on Schedule I and they are allocated to the improvements constructed in order to determine the cost of each improvement. CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS COST REPORT Street resurfacing $54,541.87 $10,583.71 $65,125.58 $87,000 Curb repair 33,276.20 6,457.16 39,733.36 61,700 Utility repair 4,075.00 790.75 4,865.75 TOTAL $91,893.07 $17,831.62 $109,724.69 $148,700 / 33= II. ASSESSMENTS A. TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. B. STREET IMPROVEMENTS 1. Street Overlay The cost of the street overlay improvement was computed using the following unit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Mobilization LS. 1 $3,500.00 $3,500.00 Mill bituminous surface Sq. Yd. 5,150 .85 4,377.50 Remove bituminous pavement Sq. Yd. 2,280 1.00 2,280.00 Bituminous mat. for tack coat Gal. 450 1.50 675.00 Type 41 Wear Course Ton 1,212.91 26.50 32,142.12 Type 32 Base Course Ton 227.90 27.50 6,267.25 Traffic control L. S. 1 750.00 750.00 Adjust water valve box Each 3 .100.00 300.00 Adjust manhole casting Each 17 250.00 4,250.00 SUBTOTAL $54,541.87 Other costs x`19.40% 10,583.71 tilill and Overlay Cost $65,125.58 2. Computation of Lot Equivalents There are 73 single-family properties proposed for assessment. The lot equivalents was computed in the following manner: Property Class Number of Lots Weighting Factor Lot Equivalents Single family 73 100% 73 Lot Equivalents 73 /3X A. Low Density Residential Property Assessment Rate The improvement cost for the low-density residential property classification was computed using: TOTAL IMPROVEMENT COST $65,125.58 IMPRO~'E:~IENT RATE $892.13/ Lot Unit ASSESSABLE UNITS 73 Lot Equiv. ASSESSABLE PORTION X 50% IMPROVEMENT RATE $892.13/Lot Equiv. ASSESSMENT RATE $446.06/Lot 2. Curb and Gutter replacement The cost to replace damaged curb and gutter amounted to $33,276.20. Other costs in the amount of $6,457.46 were allocated resulting in a replacement cost of $39,733.66. This improvement will be financed by the City's Major Street Fund. 3. Utility Repairs A. Water Utility Repair The contractor repaired 9 gate valves at $175.00 each. This results in a contract cost of $1,575.00. Other cost in the amount of $305.63 were allocated resulting in a cost of $1,880.63. These costs are to be financed by the Water Division of the City's Utility Fund. B. Sanitary Sewer Repair The contractor removed and replaced 5 manhole castings at a cost of $2,500.00. Other costs in the amount of 5485.12 were allocated resulting in an improvement cost of $2,985.12. The cost of this improvement is to be financed by the Sanitary Sewer Division of the City's Utility Fund. C. ASSESSMENT SPREAD The special assessments are spread to the abutting and adjacent parcels. D. ASSESSMENT TERMS The assessments for this project have a term of 5 years with interest charged at an annual interest rate of 5.50 % on the unpaid balance. /3s III. CITY REVENUES/(RESPONSIBILITIES) IMPROVEMENT IMPROVEMENT COST ASSESSMENT Streets Resurfacing $65,125.58 $32,562.38 Curb Replacement 39,733.36 Utility Repair 4,865.75 TOTAL $109,724.69 $32,562.38 The following funds will provide financing for the listed improvements. Major Street Fund Water Division Utility Fund Sanitary Sewer Division Utility Fund Total _,~ Gerald R. Wobschall Reviewed Public Works Departm t `~ - Z Co --v 2- Dated cc: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I GRW /3b CITY'S (RESPONSIBILITY) $(32,563.20) (39,733.36) (4,865.75) $(77,162.31) 72,296.56 1,880.63 2,985.12 $77,162.31 ~ ~~~~ Dated Co~ibined Assessment Roll SA NBR IOP854 Under Pending (Over) PID Addition Name Assessment Assesment Estimate 10-56700-010-01 PARK CLIFF $446.06 $596.00 $149.94 10-56700-010-02 PARK CLIFF $446.06 $596.00 $149.94 10-56700-010-03 PARK CLIFF $446.06 $596.00 $149.94 10-56700-020-01 PARK CLIFF $446.06 $596.00 $149.94 10-56700-020-02 PARK CLIFF $445.06 $596.00 $149.94 10-56700-020-03 PARK CLIFF $446.06 $596.00 $149.94 10-56700-030-01 PARK CLIFF $446.06 $596.00 $149.94 10-56700-030-02 PARK CLIFF $446.06 $596.00 $149.94 10-56700-030-03 PARK CLIFF $446.06 $596.00 $149.94 10-56700-040-01 PARK CLIFF $446.06 $596.00 $149.94 10-56700-040-02 PARK CLIFF $446.06 $596.00 $149.94 10-56700-040-03 PARK CLIFF $446.06 $596.00 $149.94 10-56700-050-02 PARK CLIFF $446.06 $596.00 $149.94 10-56700-050-03 PARK CLIFF $446.06 $596.00 $149.94 10-56700-060-OZ PARK CLIFF $446.06 $596.00 $149.94 10-56700-060-03 PARK CLIFF $446.06 $596.00 $149.94 10-56700-070-02 PARK CLIFF $446.06 $596.00 $149.94 10-56700-070-03 PARK CLIFF $446.06 $596.00 $149.94 10-56700-080-02 PARK CLIFF $446.06 $596.00 $149.94 10-56700-090-02 PARK CLIFF $446.06 $596.OD $149.94 10-56700-100-02 PARK CLIFF $446.06 $596.00 $149.94 10-56700-110-02 PARK CLIFF $446.06 $596.00 $149.94 10-56700-120-02 PARK CLIFF $446.06 $596.00 $149.94 10-56700-130-02 PARK CLIFF $446.06 $596.00 $149.94 10-56700-140-02 PARK CLIFF $446.06 $596.00 $149.94 10-56701-010-01 PARK CLIFF 2ND $446.06 $596.00 $149.94 10-56701-010-02 PARK CLIFF 2ND $446.06 $596.00 $149.94 10-56701-010-03 PARK CLIFF 2ND $446.06 $596.00 $149.94 10-56701-010-04 PARK CLIFF 2ND $446.06 5596.00 $149.94 10-56701-020-01 PARK CLIFF 2ND $446.06 5596.00 $149.94 Tuesday, September 74, 2002 /~ ~ Page 1 oj3 Combined Assessment Roll SA NBR 1OP85=f Under Pending (Over) PID Addition Name Assessment Assesment Estimate 10-56701-020-02 PARK CLIFF 2ND $446.06 $596.00 $149.94 10-56701-020-03 PARK CLIFF 2ND $446.06 $596.00 $!49.94 10-56701-020-04 PARK CLIFF 2ND $446.06 $596.00 $149.94 10-56701-030-01 PARK CLIFF 2ND $446.06 $596.00 $149.94 10-56701-030-02 PARK CLIFF 2ND $446.06 $596.00 $149.94 10-56701-030-03 PARK CLIFF 2ND $446.06 $596.00 $149.94 10-56701-030-04 PARK CLIFF 2ND $446.06 $596.00 $149.94 10-56701-040-01 PARK CLIFF 2ND $446.06 $596.00 $149.94 10-56701-040-02 PARK CLIFF 2ND $446.06 $596.00 $149.94 10-56701-040-03 PARK CLIFF 2ND $446.06 $596.00 $149.94 10-56701-040-04 PARK CLIFF 2ND $446.06 $596.00 $149.94 10-56701-050-01 PARK CLIFF 2ND $446.06 $596.00 $149.94 10-56701-050-02 PARK CLIFF 2ND $446.06 $596.00 $149.94 10-56701-050-03 PARK CLIFF 2ND $446.06 $596.00 $149.94 10-56701-050-04 PARK CLIFF 2ND $446.06 $596.00 $149.94 10-56701-060-01 PARK CLIFF 2ND $446.06 $596.00 $149.94 10-56701-060-02 PARK CLIFF 2ND $446.06 $596.00 $149.94 10-56701-060-03 PARK CLIFF 2ND $446.06 $596.00 $149.94 10-56701-060-04 PARK CLIFF 2ND $446.06 $596.00 $149.94 10-56701-070-01 PARK CLIFF 2ND $446.06 $596.00 $149.94 10-56701-070-02 PARK CLIFF 2ND $446.06 $596.00 $149.94 10-56701-070-03 PARK CLIFF 2ND $446.06 $596.00 $149.94 10-56701-070-04 PARK CLIFF 2ND $446.06 $596.00 .$149.94 10-56701-080-01 PARK CLIFF 2ND $446.06 $596.00 $149.94 10-56701-080-02 PARK CLIFF 2ND $446.06 $596.00 $149.94 10-56701-080-03 PARK CLIFF 2ND $446.06 $596.00 $149.94 10-56701-090-01 PARK CLIFF 2ND $446.06 $596.00 $149.94 10-56701-090-03 PARK CLIFF 2ND $446.06 $596.00 $149.94 10-56701-100-03 PARK CLIFF 2ND $446.06 $596.00 $149.94 10-56701-110-03 PARK CLIFF 2ND $446.06 $596.00 $149.94 Tuesday, September 24, 2002 /~ X Page 2 oJ3 Combined Assessment Roll S.9 NBR lOPB.i~t Under Pending (Over) PID Addition Name Assessment Assesment Estimate 10-56702-010-01 PARK CLIFF 3RD $446.06 $596.00 $149.94 10-56702-010-02 PARK CLIFF 3RD $446.06 $596.00 $149.94 10-56702-020-01 PARK CLIFF 3RD $446.06 $596.00 $149.94 10-56702-020-02 PARK CLIFF 3RD $446.06 $596.00 $149.94 10-56702-030-01 PARK CLIFF 3RD $446.06 $596.00 $149.94 10-56702-030-02 PARK CLIFF 3RD $446.06 $596.00 $149.94 10-56702-040-01 PARK CLIFF 3RD $446.06 $596.00 $149.94 10-56702-040-02 PARK CLIFF 3RD $446.06 $596.00 $149.94 10-56702-050-01 PARK CLIFF 3RD $446.06 $596.00 $149.94 10-56702-050-02 PARK CLIFF 3RD $446.06 $596.00 $149.94 10-56702-060-01 PARK CLIFF 3RD $446.06 $596.00 $149.94 10-56702-060-02 PARK CLIFF 3RD $446.06 $596.00 $149.94 10-56702-070-01 PARK CLIFF 3RD $446.06 $596.00 $149.94 Summary for 'SA_NBR' = 10P854 (73 detail records) Sum $32, 562.38 $43, 508.00 $10, 945.62 Grand Total ~ X32- 562.3 ~ $43,.108.00 ,~10,94.i.62 ... ~., , Tuesday, September 14,1001 /3 / Page 3 oj3 CLIFF ROAD ----~ s 1 *~ 1 2 1 011-02 8* ~.*. ~* ~~" 3 6 * ~s;~ * 1 -O 6 * ,~ 5 * ~~~ 3 4 * ~:~ ~>q- * 2 1 5 ~ ~~~'~ *~3~ 5 2 * 4 ~.= 1 * ~'' ~~r, f i t 4~ 3 DAK^TA C^UNTY 7 * r .? ~ 2 _ 2 * 2 *~~, * 5 3 * ~ *4 010-01 ~ 8 y ' 2 ~ ~ 2 6 2 * 3 ~ *, ~ 4 PARKVIEW ~ * - 3 4 4 ~~,* ~ , 9 * ~ ~'" 5~* GOLF = * ~ 2 * 5 ~0 ~-~~ 1 ~ ~ ~ * * 10 ~~ ~'6 2 5 * , ~: * ~€~, * * 6 * ~~, COURSE F~ 11 *~ 7 ~ ~ ~ ; 1 * .. ;~ 1 6 7 g 9 ~; -~ * 10 * ~"~~:;.+ ~ . * ate.., ~ _::3~ .~ :.. - ~4~ 9 12 13 * ` . * * * ylr 5 6~*` ~ 8 C `t~~7 * 14 1 2 3 4 Cj 3 BANON E PRK P L ~ONA~ G FZE Legend Q STREET IMPROVEMENTS Uv - - - - ASSESSMENT AREA w * $446. t for street overlay s/ZS/oz / n G: Feasobility2002/854_PARKCLIFFI-3/Final Assess (/ PARKCLIFF 1st-3rd ADDITIONS Figure STREET IMPROVEMENTS/AREA ASSESSMENT MAP City of Eagan CITY PROJECT 854 1 PARKCLIFF 1sT - 3RD ADDITIONS STREET OVERLAY IMPROVEMENTS CITY PROJECT N0.854 FINAL ASSESSMENT INFORMATIONAL NEIGHBORHOOD MEETING September 25, 2002 Attendance: John Gorder- Assistant City Engineer, 1 person representing 1 property. See sign-in sheet below. A. Welcome and Introduction The meeting adjourned at b:45 p.m. The resident did not have any specific questions regarding the assessment. Assistant City Engineer Gorder reviewed the proposed assessment and payment options for the project with the attendee. FINAL ASSESSMENT NEIGHBORHOOD MEETING PARKCLIFF 1ST - 3RD ADDNS PROJECT 854 WEDNESDAY, SEPTEMBER 25, 2002 - 6:30 P.M. NAME ADDRESS 2. 3. 4. 5. 6. 7. 8. 9. 10. /Y/ . ~ ~~ a; ~~ a~•~v , a3'° ~~ q c ,~/-,. ~ ~ To the City of Eagan Clerk: ~' " , ~~ 0~ t'~ ~ ~r '~~~ • ~,~~ I object to the notice of special assessment from the city regarding my street repavement because the notice is defective. First, the notice was addressed to me only. My wife is also registered as a owner with the county. Since the statue regarding special assessments (MN ST § 429.061) states: For the purpose of giving mailed notice under this subdivision, owners shall be those shown to be such on the records of the county auditor or, in any county where tax statements are mailed by the county treasurer, on the records of the county treasurer; but other appropriate records may be used for this purpose. This individual notice is not properly addressed and therefore is not valid. Second, the notice does not contain information required by the statute as noted below: The notice shall also inform property owners of the provisions of sections 435.193 to 435.195 and the existence of any deferment procedure established pursuant thereto in the municipality. These sections contain information regarding termination of right to deferred payment: The option to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest, shall become due upon the occurrence of any of the following events: (a) the death of the owner, provided that the spoz~se is otherwise not eligible for the benefits hereunder; (b) the sale, transfer or subdivision of the property or any' part thereof,• (c) if the property should for any reason lose its homestead status; or (d) if for any reason the taxing authority deferring the payments shall determine that there would be no hardship to require immediate or partial payment. Since this information that is required by state statute is missing this notice is defective. Thank you, Emmett Salberg 4640 Parkcliff Drive Eagan, MN 55123 iya Agenda Information Memo October 1, 2002 Eagan City Council Meeting E. PROJECT 796 CEDAR CLIFF/ MARI ACRES -STREET OVERLAY FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for Project 796 (Cedar Cliff/ Mari Acres -Street Overlay) and authorize its certification to Dakota County for collection. FACTS: • Project 796 provided for the bituminous overlay of the streets within the Cedar Cliff and Mari Acres Additions in southwest Eagan, as outlined and discussed in the feasibility report. • The f nal assessment roll was presented to the City Council on August 20, 2002, with a public hearing originally scheduled for September 17, and re-scheduled by the City Council for October 1 to formally present the final costs associated with this public improvement to the affected benefiting properties. The final assessments approximately 14% less than the estimate for Single-Family lots, and 23% more than the estimate for Commercial/Industrial lots contained in the feasibility report presented at the public hearing held on December 18, 2001. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on September 23 to address all property owners' questions or concerns and provide any additional information of interest. Of the 71 parcels (R-1, 2, 3 properties) being assessed, 2 persons representing 3 properties attended the meeting. Minutes of the informational meeting and the letter of objection from a property owner who attended the meeting are attached. ATTACHMENTS: • Final Assessment Report, pages ~yythrou h~ • Informational Meeting Minutes, pages~s &~~ • Letter of Objection from Mr. Curt Hoffman, page. /'~~ FINAL_ASSESSMENT HEARING PROJECT HEARING DATES NUMBER - 796 ~' ASSESSMENT - October 1, 2002 NAME - Cedar Cliff and Mari Acres and Hone~Tree 1st IMPROVEMENT - December 18, 2001 Mill and Overlay and Drivewa r~s IMPROVEIVtENTS INSTALLED AND/OR ASSESSED F.R.=Feasibility Report FINAL F.R FINAL F.R RATE RATE UNITS RATE RATE UNITS SANITARY SEWER STORM SEWER ^ Trunk ^ Trunk ^ Lateral ^ Lateral ^ Service ^ Lat. Benefit/trunk ^ Lat. Benefit/trwilc WATER STREET ^ Trunk ^ Gravel Base ^ Lateral 8 Swfacing Single $332.12 387 /Lot ^ Service ^ Lat. Benefitltrunk ^ WAC ~ C/I Equiv. $ ] 1.43 9.28 /F_F. ~ Commercial Driveway $62.50 58.33 1 /SgTYd. SERVICES STREET LIGHTS ^ Water & San Sewer ^ Installation ^ Ener Char e CONTRACT NO. OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED $104,140 F.R. $192,390 F.R. 02-02 118 5 Year 5.50% $92,934.15 $156,969.60 COMMENTS:(I) In the feasibility this was presented as $3,500 per driveway. /~y ~. ~ ~.~. MEMO TO: FROM DATE: city of eagan Mayor and City Council Gerald R Wobschalt September 1, 2002 SUBJECT: Final Assessment Roll Project No.796 Cedar Cliff 1 to 3, Mari Acres and Honey Tree 1st Street Overlay MEMO The City Council at the conclusion of the public hearing on December 18, 2001 ordered Project 796. According to the feasibility report, the following improvements were to be constructed and/or assessed. The improvements are mill and overlay of existing streets and replacement of curb and gutter and driveway replacements. In the feasibility study, it was proposed to assess the mill and overlay improvements using a lot equivalent method for residential properties and a linear method for commercial and industrial properties. The driveway improvements were proposed for assessment using a per driveway assessment. This roll was prepared using a unit method of assessment. This assessment roll is prepared using the methods presented at the public hearing for the mill and overlay improvements. Construction of the improvements vas accomplished under Contract No. 02-02, for which the final payment was made. The assessment hearing is scheduled for October 1, 2002. The following information was used in the preparation of the assessment roll. I. PROJECT COST The construction cost includes the amount of $193,094.38 paid to the contractor for the construction of the following detailed improvements. Other costs which consist of engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling in the amount of $56,809.37 were incurred resulting in an improvement and project cost of $249,903.75. The detail of these other costs is provided on Schedule I and they are allocated to the improvements constructed in order to determine the cost of each improvement. /yS IiVIPROVEMENT Street resurfacing Cedar Cliff 1-3 Street Resurfacing- Mari Acres Honey Tree 1st Commercial driveways Storm sewer mitigation Curb repair Utility repair TOTAL CONSTRUCTION COST $61,295.29 OTHER IMPROVEMENT FEASIBILITY COSTS COST REPORT $18,033.39 $79,328.68 $90,800 34,400.59 10,120.83 44,521.42 57,880 3,573.50 1,051.34 4,624.84 17,500 ]6,571.05 4,875.29 21,446.34 18,000 74,533.95 21,928.28 96,462.23 107,100 2,720.00 800.24 3,520.24 23,250 $193,094.38 $56,809.37 $249,903.75 $314,530 II. ASSESSMENTS A. TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. B. IMPROVEMENTS 1. Street Overlay-Cedar Cliff 1st to 3rd Additions The cost of the street overlay im provement was computed using the following u nit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Mobilization LS. 1 $800.00 $800.00 Mill bituminous surface Sq. Yd. 7,000 ~ .90 6,300.00 Bituminous mat. for tack coat Gal. 1,214 1.20 1,456.80 Type 41 Wear Course Ton 1544.55 27.80 42,938.49 Traffic control L. S. 1 800.00 800.00 Adjust water valve box Each 0 125.00 0 Adjust manhole casting Each 25 360.00 9,000.00 SUBTOTAL 61,295.29 Other costs @29.42% 18,033.39 Mill and Overlay $79,328.68 Improvement Cost ~~ 3 A. Computation of Lot Equivalents There are 106 residential properties and 12 commercial properties affected by this project. The 106 residential properties comprise 107 lot units, one of the properties is a duplex, which has not been subdivided and will be charged for two lot units. The costs will be allocated between the residential and commercial properties based on the ratio of affected properties. Property Class Frontage Weighting Factor Improvement Cost Commercial Frontage 943 10.4% 8,255.01 Residential Frontage 8,119 89.6% 71,073.67 Total Frontage 9,062 100.0% $79,328.68 B. Low Density Residential Property Assessment Rate The improvement cost for the low-density residential property classification was computed using: TOTAL IMPROVEMENT ASSESSABLE COST UNITS IMPROVEMENT RATE $71,073.67 I'~IPROVE:~IENT RATE 107 Lot Equivalents ASSESSABLE PORTION $664.24/Lot Equivalent ASSESSMENT RATE 566-1.2-t/Lot Equivalent X 50% $332.12/Lot Equivalent. C. Commercial Property Assessment Rate Street Overlay-Mari Acres ls` and 2"d and Honey Tree 1st Additions and Cedar Cliff The cost of the street overlay improvement was computed using the following unit prices and quantities: ITEM UNIT QTY Mobilization LS. 1 Mill bituminous surface Sq. Yd. 3,500 Bituminous mat. for tack coat Gal. 606. Type 41 Wear Course Ton 990.05 Traffic control L. S. 1 Adjust water valve box Each 0 Adjust manhole casting Each 5 SUBTOTAL Other costs @29.42% Mill and Overlay Improvement Cost UNIT EXTENDED PRICE $800.00 .90 1.20 27.80 400.00 125.00 360.00 _ _ _ COST $800.00 3,150.00 727.20 27,523.39 400.00 0 1,800.00 34,400.59 10,120.83 $44,521.42 / ~f ? The assessment rate for the commercial/industrial property was computed using the following: Location IMPROVEMENT COST Cedar Cliff Portion $8,255.01 IV1ari Acres et al 44,521.42 Total $52,776.43 I1~IPROVEMENT ASSESSABLE IMPROVEMENT COST FRONTAGE ~ RATE $52,776.43 4,617 F.F. $11.43/F.F. II<1PROVEMENT RATE ASSESSABLE PORTION ASSESSMENT RATE $11.43/F.F. X 100% $11.43/F.F. 2. Concrete Driveways Concrete driveway aprons were constructed at a cost of $3,573.50. Other costs in the amount of $1,051.34 vti~ere allocated resulting in an improvement cost of $4,624.84. According to the feasibility report this improvement is to 100% assessed. The assessment rate was computed using the following: IMPROVEMENT COST $4,624.84 IMPROVEMENT RATE ASSESSABLE BASIS 74 SQ. YDS. ASSESSABLE PORTION IMPROVEMENT RATE $62.50/SQ. YD. ASSESSMENT RATE $62.50/SQ. YD. X 100% $62.50/SQ. YD. 3. Curb and Gutter Replacement The cost to replace damaged curb and gutter amounted to $74,533.95. Other costs in the amount of $21,928.28 were allocated resulting in a replacement cost of $96,462.23. This improvement is to be financed by the City's Major Street Fund. 4. Storm Sewer Improvement The contractor installed 4 storm sewer manholes and constructed a larger Hazed end section at a cost of $16,571.05. Other costs in the amount of $4,875.29 were allocated resulting in an improvement cost of $21,446.34 This improvement was done as part of the City's storm sewer mitigation plan and will be financed by the Storm Sewer Division of the City's Utility Fund. /S~8' 5 5. Utility Repairs 1. Water Utility Repairs The contractor replaced the top section of 12 valve boxes at a unit cost of $185.00 each. This results in a contract cost of $2,220.00. Other costs in the amount of $653.13 were allocated resulting in an improvement cost of $2,873.13. These costs will be financed by the Water Division of the City's Utility Fund. 2. Sanitary Sewer Utility Repairs The contractor furnished a manhole casting and ring at a cost of $500.00. Other cost in the amount of $1.17.11 were allocated resulting in an improvement cost of $647.11. These costs will be financed by the Sanitary Sewer Division of the City's Utility Fund. F. ASSESSMENT SPREAD The special assessments are spread to the abutting and adjacent parcels. G. ASSESSMENT TERMS The assessments for this project have a term of 5 years with interest charged at an annual interest rate of ~.~0 % on the unpaid balance. III. CITY REVENUES/(RESPONSIBILITIES) Improvement Improvement Cost Street resurfacing Cedar Cliff 1-3 $79,328.68 Street Resurfacing-Mari Acres Honey Tree 1st Commercial driveways Storm sewer mitigation Curb repair Utility repair 44,521.42 Assessment City Revenue (Responsibility) $43,787.73 $(35,540.95) 44,521.42 4,624.84 4,625.00 .16 21,446.34 (21,446.34) 96,462.23 (96,462.23) 3,520.24 (3,520.24) TOTAL $249,903.75 $92,934.15 $156,969.60 The following funds will provide financing for the listed improvements. Major Street Fund $132,003.02 Water Division of Utility Fund 2,873.13 Sanitazy Sewer Division of Utility Fund 647.11 Storm Sewer Division of Utility Fund 21,446.34 Total ~ ~ $156,969.60 9 6 ~~~~~~~ ~ Gerald R. Wobschall Reviewed - ~ Public Works Departure q -2~ --a2 Dated cc: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I GRW rsd , ~:~a~ Dated Combined Assessment Roll S.A .ti'BR IOP796 PID ADDITION NAME Overlay Driveway Tota! Estimated Variance Assessment 10-16600-010-02 CEDAR CLIFF $332.12 $0.00 $332.12 $387.00 $54.88 10-16600-010-03 CEDAR CLIFF $332.12 $0.00 $332.12 $387.00 $54.88 10-16600-010-04 CEDAR CLIFF $332.12 $0.00 $332.12 $387.00 $54.88 10-16600-010-05 CEDAR CLIFF $332.12 $0.00 $332.12 $387.00 $54.88 10-16600-011-01 CEDAR CLIFF $332.12 $0.00 $332.12 $387.00 $54.88 10-16600-011-06 CEDAR CLIFF $332.12 $0.00 $332.12 $387.00 $54.88 10-16600-012-01 CEDAR CLIFF $332.12 $0.00 $332.12 $387.00 $54.88 10-16600-012-06 CEDAR CLIFF $332.12 $0.00 $332.12 $387.00 $54.88 10-16600-020-02 CEDAR CLIFF $332.12 $0.00 $332.12 $387.00 $54.88 10-16600-020-03 CEDAR CLIFF $332.12 $0.00 $332.12 $387.00 $54.88 10-16600-020-04 CEDAR CLIFF $332.12 $0.00 $332.12 $387.00 $54.88 10-16600-020-05 CEDAR CLIFF $332.12 $0.00 $332.12 $387.00 $54.88 10-16600-030-02 CEDAR CLIFF $332.12 $0.00 $332.12 $387.00 $54.88 10-16600-030-04 CEDAR CLIFF $332.12 $0.00 $332.12 $387.00 $54.88 10-16600-030-05 CEDAR CLIFF $332.12 $0.00 $332.12 $387.00 $54.88 10-16600-040-02 CEDAR CLIFF $332.12 $0.00 $332.12 $387.00 $54.88 10-16600-040-04 CEDAR CLIFF $332.12 $0.00 $332.12 $387.00 $54.88 10-16600-040-05 CEDAR CLIFF $332.12 $0.00 $332.12 $387.00 $54.88 10-16600-050-02 CEDAR CLIFF $332.12 $0.00 $332.12 $387.00 $54.88 10-16600-050-04 CEDAR CLIFF $332.12 $0.00 $332.12 $387.00 $54.88 10-16600-050-05 CEDAR CLIFF $332.12 $0.00 $332.12 $387.00 $54.88 10-16600-060-02 CEDAR CLIFF $332.12 $0.00 $332.12 $387.00 $54.88 10-16600-060-05 CEDAR CLIFF $332.12 $0.00 $332.12 $387.00 $54.88 10-16600-070-02 CEDAR CLIFF $332.12 $0.00 $332.12 $387.00. $54.88 10-16600-070-05 CEDAR CLIFF $332.12 $0.00 $332.12 $387.00 $54.88 10-16600-080-02 CEDAR CLIFF $332.12 $0.00 $332.12 $387.00 $54.88 10-16600-080-05 CEDAR CLIFF $332.12 $0.00 $332.12 $387.00 $54.88 10-16600-090-02 CEDAR CLIFF $332.12 $0.00 $332.12 $387.00 $54.88 10-16600-090-05 CEDAR CLIFF $332.12 $0.00 $332.12 $387.00 $54.88 Tuesday, Septeneber 24, 2002 ~ / ` ~ PaeloS g f Combined Assessment Roll S 4 :1'BR IOP i 96 PID ADDITION NAME Overlay Driveway Tota! Estimated Variance Assessment 10-16600-100-02 CEDAR CLIFF $332.12 $0.00 $332.12 $387.00 $54.88 10-16600-100-05 CEDAR CLIFF $332.12 $0.00 $332.12 $387.00 $54.88 10-16600-110-02 CEDAR CLIFF $332.12 $0.00 $332.12 $387.00 $54.88 10-16600-110-05 CEDAR CLIFF $332.12 $0.00 $332.12 $387.00 $54.88 10-16600-120-05 CEDAR CLIFF $332.12 $0.00 $332.12 $387.00 $54.88 10-16600-130-05 CEDAR CLIFF $332.12 $0.00 $332.12 $387.00 $54.88 10-16600-140-05 CEDAR CLIFF $332.12 $0.00 $332.12 $387.00 $54.88 10-16601-010-02 CEDAR CLIFF 2ND $332.12 $0.00 $332.12 $387.00 $54.88 10-16601-010-03 CEDAR CLIFF 2ND $332.12 $0.00 $332.12 $387.00 $54.88 10-16601-011-01 CEDAR CLIFF 2ND $332.12 $0.00 $332.12 $387.00 $54.88 10-16601-012-01 CEDAR CLIFF 2ND $332.12 $0.00 $332.12 $387.00 $54.88 10-16601-020-02 CEDAR CLIFF 2ND $332.12 $0.00 $332.12 $387.00 $54.88 10-16601-020-03 CEDAR CLIFF 2ND $332.12 $0.00 $332.12 $387.00 $54.88 1 0-1 6601-02 1-01 CEDAR CLIFF 2ND $332.12 $0.00 $332.12 $387.00 $54.88 10-16601-022-01 CEDAR CLIFF 2ND $332.12 $0.00 $332.12 $387.00 $54.88 10-16601-030-02 CEDAR CLIFF 2ND $332.12 $0.00 $332.12 $387.00 $54.88 10-16601-030-03 CEDAR CLIFF 2ND $332.12 $0.00 $332.12 $387.00 $54.88 10-16601-031-01 CEDAR CLIFF 2ND $332.12 $0.00 $332.12 $387.00 $54.88 10-16601-032-01 CEDAR CLIFF 2ND $332.12 $0.00 $332.12 $387.00 $54.88 10-16601-040-01 CEDAR CLIFF 2ND $332.12 $0.00 $332.12 $387.00 $54.88 10-16601-040-02 CEDAR CLIFF 2ND $332.12 $0.00 $332.12 $387.00 $54.88 10-16601-040-03 CEDAR CLIFF 2ND $332.12 $0.00 $332.12 $387.00 $54.88 10-16601-050-01 CEDAR CLIFF 2ND $332.12 $0.00 $332.12 $387.00 $54.88 10-16601-050-02 CEDAR CLIFF 2ND $332.12 $0.00 $332.12 $387.00 $54.88 10-16601-050-03 CEDAR CLIFF 2ND $332.12 $0.00 $332.12 $387.00 $54.88 10-16601-060-01 CEDAR CLIFF 2ND $332.12 $0.00 $332.12 $387.00 $54.88 10-16601-060-02 CEDAR CLIFF 2ND $332.12 $0.00 $332.12 $387.00 $54.88 10-16601-060-03 CEDAR CLIFF 2ND 5332.12 $0.00 $332.12 $387.00 $54.88 10-16601-070-01 CEDAR CLIFF 2ND $332.12 $0.00 $332.12 $387.00 $54.88 Tuesday, September 14,1001 /~ ~ Page 1 oj5 Cojribijted Assessment Roll SA NBR IOP796 PID ADDITION NAME Overlay Driveway Tota! Estimated Variance Assessment 10-16601-070-OZ CEDAR CLIFF 2ND $332.12 $0.00 $332.12 $387.00 $54.88 10-16601-070-03 CEDAR CLIFF 2ND $332.12 $0.00 $332.12 $387.00 $54.88 10-16601-080-01 CEDAR CLIFF 2ND $332.12 $0.00 $332.12 $387.00 $54.88 10-16601-08D-02 CEDAR CLIFF 2ND $332.12 $0.00 $332.12 $387.00 $54.88 10-16601-080-03 CEDAR CLIFF 2ND $332.12 $0.00 $332.12 $387.00 $54.88 10-16601-090-01 CEDAR CLIFF 2ND $332.12 $0.00 $332.12 $387.00 $54.88 10-16601-090-02 CEDAR CLIFF 2ND $332.12 $0.00 $332.12 $387.00 $54.88 10-16601-090-03 CEDAR CLIFF 2ND $332.12 $0.00 $332.12 $387.00 $54.88 10-16601-100-02 CEDAR CLIFF 2ND $332.12 $0.00 $332.12 $387.00 $54.88 10-16601-100-03 CEDAR CLIFF 2ND $332.12 $0.00 $332.12 $387.00 $54.88 10-16601-110-02 CEDAR CLIFF 2ND $332.12 $0.00 $332.12 $387.00 $54.88 10-16601-110-03 CEDAR CLIFF 2ND $332.12 $0.00 $332.12 $387.00 $54.88 10-16601-120-02 CEDAR CLIFF 2ND $332.12 $0.00 $332.12 $387.00 $54.88 10-16601-1Z0-03 CEDAR CLIFF ZND $332.12 $0.00 $332.12 $387.00 $54.88 10-16602-010-01 CEDAR CLIFF 3RD $332.12 $0.00 $332.12 $387.00 $54.88 10-16602-011-02 CEDAR CLIFF 3RD $332.12 $O.DO $332.12 $387.00 $54.88 10-16602-012-02 CEDAR CLIFF 3RD $332.12 $0.00 $332.12 $387.00 $54.88 10-16602-020-01 CEDAR CLIFF 3RD $332.12 $0.00 $332.12 $387.00 $54.88 10-16602-021-02 CEDAR CLIFF 3RD $332.12 $0.00 $332.12 $387.00 $54.88 10-16602-022-02 CEDAR CLIFF 3RD $332.12 $0.00 $332.12 $387.00 $54.88 10-16602-030-01 CEDAR CLIFF 3RD $332.12 50.00 $332.12 $387.00 $54.88 1 0-16602-0 3 1-0 2 CEDAR CLIFF 3RD $332.12 $0.00 $332.12 $387.00 $54.88 10-16602-032-02 CEDAR CLIFF 3RD $332.12 $0.00 $332.12 $387.00 $54.88 10-16602-040-01 CEDAR CLIFF 3RD $332.12 $0.00 $332.12 $387.00 $54.88 10-16602-041-02 CEDAR CLIFF 3RD 5332.12 $0.00 $332.12 $387.00 $54.88 10-16602-042-02 CEDAR CLIFF 3RD $332.12 $0.00 $332.12 $387.00 $54.88 10-16602-050-Ot CEDAR CLIFF 3RD $332.12 $0.00 $332.12 5387.00 $54.88 10-16602-051-02 CEDAR CLIFF 3RD $332.12 50.00 $332.12 $387.00 $54.88 10-16602-052-02 CEDAR CLIFF 3RD ~ 5332.12 $0.00 $332.12 $387.00 $54.88 Tuesday, September l4, 2002 /~~ Page 3 oj5 Combined Assessment Roll S,9 NBR IOP i 96 PID ADDITION NAME Over/ay Driveway Tota! Estimated Variance Assessment 10-16602-060-01 CEDAR CLIFF 3RD $332.12 50.00 $332.12 $387.00 $54.88 10-16602-061-02 CEDAR CLIFF 3RD $332.12 50.00 $332.12 $387.00 $54.88 10-16602-062-02 CEDAR CLIFF 3RD $332.12 50.00 $332.12 $387.00 $54.88 10-16602-070-01 CEDAR CLIFF 3RD $332.12 50.00 $332.12 $387.00 554.88 10-16602-071-02 CEDAR CLIFF 3RD 5332.12 50.00 $332.12 $387.00 $54.88 10-16602-072-02 CEDAR CLIFF 3RD $332.12 50.00 $332.12 $387.00 $54.88 10-16602-080-01 CEDAR CLIFF 3RD $332.12 50.00 $332.12 $387.00 $54.68 10-16602-081-02 CEDAR CLIFF 3RD $332.12 $0.00 $332.12 $387.00 $54.88 10-16602-082-02 CEDAR CLIFF 3RD 5332.12 $0.00 $332.12 $387.00 $54.88 10-16602-090-01 CEDAR CLIFF 3RD $332.12 50.00 $332.12 $387.00 $54.88 10-16602-091-02 CEDAR CLIFF 3RD $332.12 $0.00 $332.12 $387.00 $54.88 10-16602-092-02 CEDAR CLIFF 3RD $332.12 $0.00 $332.12 $387.00 $54.88 10-16602-100-01 CEDAR CLIFF 3RD $332.12 $0.00 $332.12 $387.00 $54.88 10-16602-100-OZ CEDAR CLIFF 3RD $664.24 $0.00 $664.24 $387.00 ($277.24) 10-16602-11 D-01 CEDAR CLIFF 3RD $332.12 $0.00 $332.12 $387.00 $54.88 10-16602-111-02 CEDAR CLIFF 3RD $332.12 $0.00 $332.12 $387.00 $54.88 10-16602-112-02 CEDAR CLIFF 3RD $332.12 50.00 $332.12 $387.00 $54.88 10-16602-121-02 CEDAR CLIFF 3RD $332.12 50.00 $332.12 $387.00 $54.88 10-16602-122-02 CEDAR CLIFF 3RD $332.12 $0.00 $332.12 $387.00 $54.88 10-16621-010-01 CEDAR CLIFF COMMERCIAL $2,914.65 50.00 $2,914.65 $2,069.44 ($845.21) 10-16621-020-01 CEDAR CLIFF COMMERCIAL $2,548.89 $2,062.50 $4,611.39 52,366.40 ($2,244.99) 10-16622-010-01 CEDAR CLIFF COMMERCIAL $2,308.86 $2,562.50 $4,871.36 $1,874.56 ($2,996.80) 10-16623-010-01 CEDAR CLIFF COMMERCIAL 53,200.4D 50.00 $3,200.40 $2,598.40 ($602.00) 10-33500-010-01 HONEY TREE 1ST ADDITION $11,281.41 50.00 $11,281.41 $9,855:36 ($1,426.05) 10-33500-020-01 HONEY TREE 1ST ADDITION 56,743.70 $0.00 $6,743.70 $9,671.20 $2,927.50 10-47400-010-01 MART ACRES 54,549.14 SO.OD $4,549.14 $11,389.44 $6,840.30 10-47401-010-01 MARI ACRES 2ND $697.23 50.00 $697.23 $556.80 ($140.43) 10-47401-010-03 MARI ACRES 2ND 55,646.42 50.00 $5,646.42 54,584.32 ($1,062.10) 10-47401-020-01 MARI ACRES 2ND $685.80 50.00 $685.80 $556.80 ($129.00) Tuesday, September 24, 2002 / t , / Page 4 oj5 Combined Assessment Roll SA NBR I DP796 PID ADDITION NAME Overlay Driveway Tota! Estimated Variance Assessment 10-47401-020-03 MARI ACRES 2ND $3,829.05 $0.00 $3,829.05 $3,108.80 ($720.25) 10-47401-030-01 MART ACRES 2ND $8,366.76 $0.00 $8,366.76 $14,488.96 $6,122.20 Summary for 'SA_NBR' = 10P796 (118 detail records) Sum 588, 309.15 34, 625.00 392, 934.15 3104,142.48 311, 208.33 Tuesday, September 24, 2002 1 ~~ Page S of S Mari pcsed Pddit~o~ 3 2~ i z 494 f.f. 335 f.f. m m m 'I O ~ 987 f.f. 7 `\' /`~L 1 ~ ~ ,k,.' ` ~' \~, Nr" ~~1\ 2 ~ ~I ~ ;~ City o f Eaga~! Mari ~ Acres -~ '~, outiot c ~ ; f.f. A ~ ~ ~i ~ \ z ~.. 732 f.f. ~ ~ ~ N ~. Mar+ ~ w Aces CLIFFVIEW CLIFFHILL 0 Q 0 J z 398 f.f. 1 CLIFF DRNE a' ~~-61 f.f. LEGEND ~ 60 f.f. ~* 75' Corner Lot Credit ~~ Assessable Frontage @ $ 11.43 / ff 2 1 CLIFF RD. Q 9 /3/2002 /~ G: Feasability2002\796-MOriACres\FtNAL_ASSESS_Fig_ MART ACRES 9i3~2oo2 STREET IMPROVEMENTS - ASSEMENT AREA Fig. 1 of 2 Cit;- of Eagan PROJECT 796 4 \ a g 9 \ 5 6 7 - z o3z-o1 i 2 3 * '>k '* * * '~ ~' * * 4 5 6 .~ 031-01 *' * * ~ * 2 022-p1 * * * 3 * oR ozl-o1 2 3 4 5 6 ,* 8 '* 1 on-ol *' 10 * * 4 ~ 9 0l2-01 * 2 3 '9j, 5 9 ov-al * 1 `~' 6 ,* 7 it '~ ,* * * '* 10 '*' Q CLI FFHILL 6 t2 ~ on-ob ~ * J 9 * -~. ii * a¢-o6 1 2 3 4 5 6 -02 * * * * * 7 10 12 * 012 * * * '~ * '~ * * 8 W '* * o2z-o 1 2 3 4 S `k * ~~. 11 ~ 1 2 *-°~ 61 * 9 . ° 3 -~ * 2 * CO ,* , o 031-02 7 ` 0 * 1-0 0 1-0 0 2-0 * 11 ~ * , ~ 1 * '* '* 1A' * 7k * . 8 ~, 1 0 2 1 w 032-02 4 5 6 082-0 O * > 4 041-02 42-02 -0 0 I-0 '* '* 9 ~ 2 * ~ I-o2 * 10 * 13 U Q o9z-o 10 * .~ 3 (~ "~ ,P 11 Z 1 I]-oz .* * 4 11 14 1 ~Cij. ~ z_o 12z-o2* ~~ ~O~ 12 121-02 9 '~ ~~~ q A~~ CLIFF ~ 1 ~ ~~ 1 ~' 1 ,• .O ~ ~~ 1 ~ ~ 9 ~' `f`~ Z ~~ O~~F a ~ ° 9 U 1 w 1 2 Q 2 . ~O Q+ CLIFF ROAD Legend a * $ 332.12 /Lot Mill and Overlay Assessment o ~ -~- $ 11.43 / f.f. Mill and Overlay Assessment N 4 84.72 / Sq Yd Driveway Assessment a~ DAR CLIFF ADDITIONS si~s~o2 S T IMPROVEMENTS - ASSESMENT AREA MAP F;9.2 oft City of Eagan PROJECT 796 CEDAR CLIFF/ MARI ACRES STREET OVERLAY IMPROVEMENTS CITY PROJECT N0.796 FINAL ASSESSMENT INFORMATIONAL NEIGHBORHOOD MEETING September 23, 2002 Attendance: John Gorder- Assistant City Engineer, 2 persons representing 3 properties. See attached sign-in sheet A. Welcome and Introduction Assistant City Engineer Gorder reviewed the proposed assessment for the project with the attendees. B. Questions/Comments: 1. Mr. Curt Hoffman, property owner at 4580 and 4590 Scott Trail, objects to the street overlay and driveway repair assessment. He obtained the properties around the time of the original project public hearing (December 18, 2001) and may not have received the notification from the City due to the change of ownership. If he had been aware, he would have objected to the proposed assessment. Mr. Hoffman feels that the assessments are too high, especially in ligbt of the assessments for the single-family lots. Gorder explained the special assessment policy set forth by the Council as it relates to commercial/ industrial lots assessed for 100% of street bituminous and concrete driveway apron work, and that the policy assessed for 50% of street bituminous work. When the policy was adopted, the difference in the percentage assessed was due to the amount of potential traffic generated by each land use and the benefit received for the improvements. 2. Mr. Hoffman -How do I object to the assessment? A letter of objection must be received by the City prior to the public hearing October 1. At the public hearing, you may voice your objection directly to the Council. 3. Resident at 4477 Scott Trail -How do we pay the assessment? If you wish to pay the assessment in full, it can be paid within 30 days after the public hearing October 1. If it is not paid in full within 30 days, it will be placed on the property's taxes to be paid over a 5-year period, with interest. The meeting adjourned at 7:00 p.m. /S S" FINAL ASSESSMENT NEIGHBORHOOD MEETING CEDAR CLIFF 1sT _ 3RO & MART ACRES PROJECT T96 MONDAY, SEPTEMBER 23, 2002 - 6:30 P.M. NAME ADDRESS 1. ~IJ~y QJ~~.~ ~{~~~ ScoTT l,Qi4rL 2. C..~-~ ~~~~~N,.. ~1s ~n~ys qv S«~-1. Tf 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G:FORMS/SIGN-IN.Sheet /~ 9 ~~......,,~ .,,,~~~.,~~~~~ ~,win~nmanooi-oc~cs-itsoi September 23, 2002 John Gorder City of Eagan 3830 Pilot Knob Rd Eagan, MN 55122 RE: Project 796, Cedar Cliff 1st - 3rd, Street Overlay I am appealing the final assessment for the above listed project. I have two main objections. First, T was never notified of this project. I purchased the properly at the end of September, 2002. I doubt I was listed as owner of record when notification was sent out. If I had been notified, I would have objected to replacing the driveway. Nothing was H~rong with the existing driveway. Neither the tenants nor I have received any value from the new one. I do not feel I should pay any of the $2,795.76 assessed for this. Second, I disagree completely with the policy of assessing 100% of project costs to commerciaUindustrial properties. I get no more enjoyment, advantage, or use from the work done than any of the houses around me. In fact, one could argue I received less. I feel I should only have to pay the same portion that single-family owners are paying for the street overlay project. I believe the amount would be $664.00 ($332 x 2 lots). If you have any questions I can be reached at 651-688-7879. Sincerelyy ~~ ~: ~~~~ =~- Curtis E. Hoffman Owner - M & H Properties, LLC. p 02 !60 Agenda Informational Memo October 1, 2002, City Council Meeting VI. OLD BUSINESS A. CONDITIONTAL USE PER~1'IIT, RIGHT-OF-WAY VACATION AND VARIANCE -- VVAJCO, INC. ACTION TO BE CONSIDERED: To continue action on this item to the October 15, 2002 City Council meeting. FACTS: • This item was continued by the City Council on September 17, 2002 to the October 1, 2002 Council meeting, at the owner's request to allow time to resolve issues regarding the platting of this property. • Please refer to the draft minutes from the September 17, 2002 meeting for previous discussion of this item. • City staff has contacted the property owner to the west, but we have not yet had a response. Therefore, to allow additional time to resolve the issues regarding the platting, this item should be continued to October 15, 2002. ' ATTACHMENTS: one /6/ Agenda Information Memo October 1, 2002 Eagan City Council Meeting VII. NEW BUSINESS A. CONDITIONAL USE PERMIT AND VARIANCE -DOUG AND TRACEY PETESCH (664 MCFADDENS TRAIL) ACTION TO BE CONSIDERED: • To approve a Conditional Use Permit to exceed the 25% maximum impervious surface requirement in a General Development Waters Shoreland Zoning District for Lot 26, Block 1, Lakeview Trail Addition (Tax PIN 10-44330-260-01). • To approve a Variance of .9% to exceed the 20% building lot coverage requirement in a residential area for Lot 26, Block 1, Lakeview Trail Addition (Tax PIN 10-44330-260-01). FACTS: • The subject lot is 12,200 square feet in area and is located within the Shoreland District surrounding Fitz Lake. The existing home and attached garage create a current building lot coverage of 18.8%. • The existing driveway, sidewalk, and existing home result in an. impervious surface coverage to 26.4%. The existing impervious surface coverage is currently 1.4% over the allowed 25% coverage in the Shoreland District. The applicants are proposing to construct a 266 square foot addition at the rear of the home along the full length of the existing kitchen. The 3-season porch addition would be situated to the building in order to enclose an existing door and kitchen window. An existing deck would be incorporated into the design and accessed from the proposed addition. The proposed addition would increase the building lot coverage to an estimated 20.9% requiring approval of a .9% Variance to the maximum 20% lot coverage requirement. • Impervious surface coverage would be increased to 28.6% of lot size with the proposed addition. The Shoreland Zoning requirements of the City Code allow for impervious coverage to exceed 25% with an approved Conditional Use Permit and provided the City has implemented a stormwater management plan affecting the subject site /6~ The Minnesota DNR was sent notice of application and responded by stating they are not opposed to the issuance of CUP provided the site drainage is treated in a stormwater management facility before discharged in a natural wetland. Stormwater in the Lakeview Trail Addition appears to be treated via two holding ponds before discharged. The Advisory Planning Commission reviewed the request on September 24, 2002 and recommended approval of the Conditional Use Permit to exceed impervious surface coverage and commented in favor of approval for a Variance to exceed building lot coverage. ATTACHMENTS: (2) • September 24, 2002 APC Draft Minutes, age • Staff report, pages ~~ through ~. /63 City of Eagan Advisory Planning Commission ~`~ September 24, 2002 L~~ ~~ Page 2 A. COI\'DITIONAL USE PERMIT & VARIANCE - DOUG & TRACEY PETESCH A Conditional Use Permit to exceed the 25 percent shoreland impervious surface coverage and a Variance to exceed the 20 percent single-family residential building lot coverage on Lot 26, Block 1, Lakeview Trail Addition, located at 664 McFaddens Trail in the NW '/< of Section 36. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated September 10, 2002. She noted the background and history. Applicant Doug Petesch explained the measurements for the addition and stated no additional run off will be created. 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 and Chair Huusko stated they were in favor of approving the Conditional Use Permit. Member Steininger moved, Member Gladhill seconded a motion to approve the Conditional Use Permit to exceed the 25 percent shoreland impervious surface coverage on Lot 26, Block 1, Lakeview Trail Addition, located at 664 McFaddens Trail in the NW '/4 of Section 36 subject to the following conditions: 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 an 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. In any case where a conditional use has not been established within one year of the date on which the conditional use permit was granted, the permit shall be null and void. If the conditional use is discontinued for six months, the conditional use permit shall be null and void. All voted in favor. Motion carried 6-0. The Advisory Planning Commission recommended that the City Council vote in favor of the Variance to exceed the 20 percent single-family residential building lot coverage on Lot 26, Block 1, Lakeview Trail Addition, located at 664 McFaddens Trail in the NW '/< of Section 36. /d y PLANNING REPORT CITY OF EAGAN REPOR"T DATE: September 10, 2002 (revised Sept. 24, 2002) APPLICANT: Doug and Tracey Petesch CASE: 36-CU-17-08-02 36-VA-27-08-02 HEARING DATE: September 24, 2002 PROPERTY OWNER: Doug and Tracey Petesch APPLICATION DATE: August 16, 2002 REQUEST: Conditional Use Permit and Variance PREPARED BY: Erik Slettedahl LOCATION: Lot 26, Block 1, Lakeview Trail Addition 664 McFaddens Trail COMPREHENSIVE PLAN: LD Low Density (0-4 units/acre) 7.O\'ING: R-1 Single Family Residential SL'~1:~LaRY OF REQUEST The applicant is requesting a Conditional Use Permit to exceed the 25% maximum impervious surface requirement in a General Development Waters Shoreland Zoning District and a Variance of .9°% to exceed the 20% building lot coverage requirement in a residential area for Lot 26, Block 1, Lakeview Trail Addition (Tax PIN 10-44330-260-01). AUTHORITY FOR REVIEW Conditional Use Permit 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. Ids Planning Report -Doug and Tracey Petesch September 24, 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. Vl-'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 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. Chapter 11, Sec. 11.21, Subd. 9, L. states that impervious surface coverage of lots must not exceed 25 percent of the lot. This maybe increased provided the city has approved and implemented acommunity-wide stormwater management plan affecting the subject site, granted a conditional use permit permitting an increase in impervious coverage, and required the necessary water quality mitigation features to meet non-degradation standards for phosphorous for the nearest downstream recreational water body identified in the Eagan water quality management plan. Variance 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. /66 Planning Report -Doug and Tracey Petesch September 24, 2002 Page 3 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. BACKGROUND/HISTORY The subject lot is part of the Lakeview Trail Addition platted in 1992. The existing single family home was constructed in 1993. Two relatively recent Conditional Use Permits have been issued for ne~v commercial and public construction relating to impervious surface coverage over 25% as well as two Planned Developments that addressed excess impervious surface. City records indicate, however, that there is no history of application to exceed the Shoreland Zoning Ordinance pertaining to impervious surface lot coverage in residential areas. EXISTING CONDITIONS The subject lot is 12,200 square feet in area and the existing home and attached garage cover approximately 2,288 square feet creating a current building lot coverage of 18.8%. The existing driveway and sidewalk add 930 square feet of impervious surface creating a total impervious surface coverage of 3,218 square feet or 26.4% of the lot size. The existing impervious surface coverage is currently 1.4% over the allowable coverage in the Shoreland District. At it closest point, the subject lot is located approximately 285 feet from the ordinary high water mark of Fitz Lake. Fitz Lake is listed as a General Development Water in the current Shoreland Zoning Ordinance. A sample review of impervious surface coverage of other lots in the area did not reveal other existing nonconformities to the impervious surface coverage requirements. /~ 7 Existing Conditions -Front Planning Report -Doug and Tracey Petesch September 24, 2002 Page 4 SURROUNDING USES The subject lot is surrounded entirely by single-family homes. Larger lot single-family homes share its border to the south. EVALUATION OF REQUEST The applicant is proposing to construct a 19' x 14' (266 square foot) 3-season porch addition on the rear of the existing home. Compatibility with Surrounding -The subject lot is surrounded by single-family homes and the proposed addition is compatible to the area. Site Plan -The applicant is proposing to construct a 266 square foot addition at the rear of the home along the full length of the existing kitchen. The 3-season porch addition would be situated to the building in order to enclose the existing door and kitchen window. An existing deck would be incorporated into the design and accessed from the proposed addition. The proposed addition would increase the building lot coverage to 2,554 square feet or an estimated 20.9% and the impervious surface to 3,484 square feet or an estimated 28.6%. All structures and the proposed addition would meet setback requirements. Wetlands/Water Quality -The Minnesota DNR was sent notice of application and responded by stating they are not opposed to the issuance of CUP provided the site drainage is treated in a stormwater management facility before discharged in a natural wetland. APPLICANT'S ESTIMATE OF HARDSHIP The applicants have stated that they desire an expansion of the current home in order to provide a little more room for their family, as one applicant works from home and the other is a stay-at- home Mom. They believe that, although the footprint of the existing house maybe slightly larger than some of the neighborhood homes, the actual square footage is not. The applicants have stated that an existing deck was built off the family room after they moved in so it maybe connected to a 3-season porch in the future. The applicants have stated they have been saving for nine years to build the proposed porch and were unaware of the lot coverage limits until they submitted building plans. SUMMARY/CONCLUSION The applicants have proposed a 266 square foot addition to the existing home. Building lot coverage and impervious surface will be increased 2.2% of lot size, exceeding allowable limits /6g Planning Report -Doug and Tracey Petesch September 24, 2002 Paoe 5 and increasing an existing nonconformity. The conditions of approval to exceed the impervious surface coverage appear to have been met. A determination regarding Variance from the Zoning Ordinance is considered a policy matter to be determined by the City Council. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to exceed the 25% maximum impervious surface requirement in a General Development Waters Shoreland Zoning District and a Variance of .9% to exceed the 20% building lot coverage requirement in a residential area for Lot 26, Block 1, Lakeview Trail Addition (Tax PIN 10-44330-260-O1). If approved the following conditions shall apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for an 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. In any case where a conditional use has not been established within one year of the date on which the conditional use permit was granted, the permit shall be null and void. If the conditional use is discontinued for six months, the conditional use permit shall be null and void. /69 FINANCIAL OBLIGATION -36-CU-16-08-02, Lot 26, Btock 1, Lakeview Trail 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 USE RATE QUANTITY AMOUNT None $0.00 TOTAL $0.00 /~d Location Map O EsOan 6o~MvY /~/ stn.t c.nt~Ain. e~rians feot3prtnt '~ DevelopmentlDeveloper•. Doug and Tracey Petesch Application: Conditional Use Permit and Variance Case No.: 36-CU-17-OS- ~ A-27-O&02 II 7Mw 7.1. Parc.l Ga. nrp au Prime N Map Prep e eY pkos C V aW~rK •od is cvnnt n d Mare 7:OOi THIS MAt' Is INTENDED fON REFERENCE Y!E ONLY w E City of Eagan /• .M r N N E S O t a Tho t:lty d t?tpan and Dakota County de net yuarantoo tIN aCCYfaCy of this infortnatlon anO an 5 Y pevaleNrrM p net reepone161o fog errors er emlulons. 7000 0 1000 2000 Feet Current Zoning and Comprehensive Guide Plan Doug and Tracey Petesch Land Use Map Case No. 36-CU-17-08-02 Zoning Map (11~ L1J ~_ - _ . - A V ~ ` _ ,`e' °~ Current Zoning: ,• R-~ Single Family Residential P ~ R A A R- O ~' • ~ A ~ $~ .~ -~ aoo o aao tam s..l C-~ ~ Comprehensive Guide Plan Land Use Map ~ Current Land Use Designation: Low Density (0-4 unitslacre) P `D II Lo LD P •~ •a ~~ LD ~arul Mw Mluts cauaty LaM ~! Y.-v6wwt MA120oi N YMMwrHew awMaY~N YyCkr !tall City of Eagan Z , W E Commun/ty Development Dlpan3mant TNIE IIAAP Is INTENDED FOR REFERENCE tISE ONLY TM dty of Eagan and Dakota Carly do not guanMaa tM aeelaaey W thla Ilt/onnatlon. S LD LD P P ~= LD LD 0 0 O m irl~ ~Aoo~,vs T,e~~~ __ ~ ^~ __ Curb _ __ Property Line 0 n, sti ,~, ~ 5 ~- ,~~; 22.33 o 0 oI ~ ~ ic. ca -- - 3.5~ _ ~"~I r".~~ i~. i~J ' ~Q I . 1 •TJ •^ 1 I 8 ~~ ~ cc; ' ~- ' _ ~ 56. co ; Existing Decks ~ f Proposed 266 sq. ft. Addition 0 0 A~.CO Impervious Surface Calculation Garage 700 sq. R House 1588 sq. R Drivevray 800 sq. R Sidewalk 130 sq. R Addition 266 sg. R Total 3484 sq. R Lot Size 12200 sq. R 20°iG of lot 2440 sq. R proposed deviation .9°/. 25°/. of lot 3050 sq. R proposed deviation 3.6°/. Petesch / ~~--' Conditional Use Permit and Variance --- ^ Exhibit A ~~ ~ ~ / 1 1 1 1 1 yl '1 f 1 1 1 { { 1 I 1 I / ~ 1 I 1 1 / th I.Z ~eT ~~ ~S 'c V r~ ~.. ~~~ ~~ .s ~ ' ~ ~~ T 3 ~~ ,~ ~; - r~ Nei ~ N y I ~~ ~ - i 7- '1 _ I~~ i ' ~N ` ~ I' - ,c - - - -fir - - q ~.,~ wa.ZC _ ~4 - ~~. W .j.-_. -L i_~ - - - ~ _ - _ I : - ~-; _ - ~., - - - -- - - - ~ - ,r, - -- - ~ ~ - 1-- - ~-- G .-- _ r - ----- -- ----_ ~-~-- - --- o~- --- - -~ n vv .. - - __~ ~• s ~ -_- - - - - - - -i -_. . _ _. ~ ~ _. -~. - __ _ - ~. _. ._- _~. a ~ ti . - - -~'- - - - - ~ _ { -~- -~ -- ~ _ a d ( ~ - r _ _ ~ ~' _ v p - - - ~ 3 t -r --_ --_- ,-_.- __ t__ - - o _ - -- ~~ ADDITIO h3~ _b 3 - ' N - x 11 1 EVATION ~~. u ~~ ' 1X1 W i I r i EXHIBIT B o v ~ ~ ~ i _ ~ -~ ~ ~- , I t b o r 4~ + ~+- ~- ~~~o ~ ~ 1 ,~ ~ ~ ~ ," i . ~ ~ ~n ~ ~ v ~.~ ~ ., i ~, ~ , - - - 1~ - - - - - ~ ~ .~ _ _ _ _ _ __ _ _ _...j _..._ _.._..__._ cam.-, T -.~ -- - - - - - _ ~ ._ _ _ - - ~ _. A. .. _. .. ~ p, N j~ "~ -Q - - - _. _ _d3 _ __ ~ _ _ ~-. _ - ~. .~ ~. o-. - _ ~ . _ _ _ __. ----.. _ _ r _ _ -- o -, (^~ ` .~ 1 __ .. - Q- ~ ~ H - L-~ o ~V - - - ~-- o_.. ~ ~ ~ x s ~ ~ ~ ADDITION SIDE ELEVATION ~S EXHIBIT C September 16, 2002 To: Eagan City Council I would like an extension on the conditional use permit for Eagan Tire & Auto Service that you approved on August 6, 2002 until December 20, 2002. _~ Thank you, Agenda Information Memo October 1, 2002 Eagan City Council B. PLANNED DEVELOPMENT AMENDMENT - APPRO DEVELOPMENT INC. PYLON SIGN ACTION TO BE CONSIDERED: To approve a Planned Development Amendment to allow construction of a pylon sign on property located at 3235 Denmark Avenue, legally described as Lot 1, Block 2, Olson Burger Addition, in the SW %4 of Section 10 subject to conditions listed in the APC meeting minutes. FACTS: • A Preliminary Planned Development agreement was approved for this site in 1999, however no specific use was identified at the time and therefore, no reference was given regarding signage. • A Final Planned Development agreement was approved August 20, 2002 for the development of a new facility for Fireside Hearth and Home. The Planned Development agreement states, "A pylon sign shall not be permitted unless an amendment to this Final Planned Development is approved by the City Council." • The proposed sign is 27 feet high and contains 78 square feet of sign face area. The sign is proposed to be located approximately 20 feet from the west property line, and 40 feet from the south property line and is consistent with City Code provisions regarding size, distance to other pylon signs, and setbacks. • On September 24, 2002, the Advisory Planning Commission held a public hearing on this item and unanimously recommended approval of the PD Amendment with the four conditions stated in the minutes. ATTACHMENTS: (2) September 24, 2002 APC meeting minutes, pager, Planning Staff Report, page~to ~~ /77 City of Eagan Advisory Planning Commission ~~~~~ September 24, 2002 Page 3 B. PLAN~'ED DEVELOPMENT AMENDMENT - APPRO DEVELOPMENT, INC. A Planned Development Amendment to erect a pylon sign on Lot 1, Block 2, Olson Burger Addition, located at 3235 Denmark Avenue in the SW '/< of Section 10. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated September 9, 2002. She noted the background and history. Jack Matasosky with APPRO Development, Inc. stated agreement with the conditions as presented in the City Staff report. 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 Steininger stated he is in favor of the proposed size of the signage. Member Gladhill moved, Member Bendt seconded a motion to approve the Planned Development Amendment to erect a pylon sign on Lot 1, Block 2, Olson Burger Addition, located at 3235 Denmark Avenue in the SW '/4 of Section 10 subject to the following conditions: An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. Recording of the Agreement must be completed prior to issuance of a sign permit. A landscape plan shall be submitted for staff review and approval prior to issuance of the sign permit that includes a landscape bed around the base of the sign. A sign permit must be obtained prior to installation of the pylon sign. 4. The pylon sign shall be set back at least 10 feet from all property lines, and shall not exceed 27 feet in height or 125 square feet in sign face area. All voted in favor. Motion carried 6-0. / 78' PLANNING REPORT CITY OF EAGAN REPORT DATE: September 9, 2002 APPLICANT: Appro Development Inc CASE: 15-PA-08-08-02 HEARING DATE: September 24, 2002 PROPERTY OWNER: Hearth Technologies Inc. APPLICATION DATE: August 19, 2002 REQUEST: Planned Development Amendment PREPARED BY: Mary Granley LOCATION: 3235 Denmark Avenue COh7PREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMI\'IARY OF REQUEST Jack Matasosky, Appro Development Incorporated, is requesting approval of a Planned Development Amendment to allow a pylon sign on property located at 3235 Denmark Avenue, legally described as Lot 1, Block 2, Olson Burger Addition, in the NW '/4 of Section 15. AUTHORITY FOR REVIEW Chapter 4.20, Subd. 1. C states in part, that pylon signs, when authorized, are considered a conditional use, as defined in the zoning chapter, and are subject to alI conditions, regulations and fees required for conditional uses. Chapter 11.40, Subd. 4. B states in part, that the application, public hearing, public notice and procedure requirements for Conditional Use Permits shall be the same as those for amendments as provided in Subdivision 5 hereof, except that the permit shall be issued on the affirmative vote of a majority of the entire Council. Chapter 11.40, Subd. 5 states, in part ] . The provisions of this chapter maybe amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote oftwo-thirds of all members of the council. 2. The Council shall not rezone any Iand in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. 79 Planning Report -Appro Development September 24, 2002 Page 2 BACKGROUND/HISTORY A Subdivision and Preliminary Planned Development agreement was approved for the subject site in 1999 allov~~ing for three lots. At that time, no specific uses were identified, and as such, no reference was given regarding signage. . A Final Planned Development agreement was approved for the subject site on August 20, 2002 for the development of a new facility for Fireside Hearth and Home. The Planned Development agreement, Exhibit A states, "A pylon sign shall not be permitted unless an amendment to this Final Planned Development is approved by the City Council". EXISTING CONDITIONS The site is currently undeveloped. Building plans and a building permit application have been submitted to the Community Development Department and are being reviewed at this time. The site is at the northwest corner of Denmark Avenue and Northwoods Parkway, and is adjacent to and east of Interstate 35E. A chain link fence barrier separates the subject site from a steep slope down to a pond sitting between the subject site and 35E. A bituminous path falls between Northwood Parkway and the south side of the property, and a concrete path falls between Denmark Avenue and the east side of the property. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - A vacant parcel, zoned PD, Planned Development, designated SA, Special Area, under the comprehensive guide plan. South - A vacant parcel, zoned PD, Planned Development, designated SA, Special Area, under the comprehensive guide plan. East - Home Depot, zoned PD, Planned Development, designated SA, Special Area, under the comprehensive guide plan. West - A pond in the state right-of--way lays between Interstate 35E and the subject site. EVALUATION OF REQUEST Description of Proposal -Appro Development is requesting approval to install a pylon sign at the southwest corner of 3235 Denmark Avenue. The sign would service Fireside Hearth and Home, and would be visible from Northwood Parkway and Interstate 35E. /QO Planning Report - Appro Development September 24, 2002 Page 3 The pylon is part of a proposed sign package for this site that includes a freestanding monument sign at the Denmark entrance and signage on the building's east and west elevations. The pylon and monument are matching in design, utilizing a cultured limestone base and columns, and maroon internally lit cabinets of identical design and color. The applicant is requesting the pylon to increase visibility of the site from Interstate 35E. Sign Code Requirements -City Code allows a maximum overall height of 27 feet, and a maximum of 125 sq. ft. of sign face area on each side for pylon signs. All freestanding signs are required to be setback a minimum of 10 feet from all property lines. No pylon sign maybe located within 300 feet of any other pylon sign, measured on the same side of the street. Compatibility with Surrounding Area - r h The applicant is proposing a pylon sign with two cultured limestone side column supports and an internally lit cabinet. Two gold flames and white "Fireside Hearth and Home" text complete the pylon sign design. The proposed pylon is to be located in a seeded expanse, approximately 50 feet to the south of a stand of four White Pine, 20 feet from the west property line, and 40 feet from the south property line. The grade is softly sloped, with no additional landscaping planned at the base of the colunuis. Two pylon signs are visible from the subject site. Slumberland to the south, at 1257 Northwood Parkway, has an existing pylon approximately 190 feet away on the opposite side of Northwood Parkway. The pylon sign measures 25 feet in height and 123 sq. ft. in sign face area, with a monopole base design set in a landscaped bed. The color scheme is burgundy with white copy. Home Depot to the east, at 3220 Denmark Avenue, has an existing pylon approximately 300 feet away on the opposite side of Denmark Avenue. The pylon sign measures 27 feet in height and 125 sq. fl. in sign face area, with a base consisting of two fl- inch diameter pipes set in a landscaped bed. The color scheme is black and orange with white copy. /F~/ Planning Report -Appro Development September 24, 2002 Page 4 Setbacks - A minimum setback of 10 feet from all property lines is required. The sign is proposed to be located approximately 20 feet from the west property line, and 40 feet from the south property line. Si it Area -The proposed sign measures 27 feet in overall height. The sign face measures 6 feet 6 inches in height and 12 feet in width for a total of 78 sq. $. on each side. Landscaping-- No additional landscaping is proposed for the base of the pylon sign. The applicant should create a landscape bed around the base of the sign. A landscape plan should be submitted for staff review and approval prior to issuance of the sign permit. SUMMARY/CONCLUSION Tack Matasosky, Appro Development Inc., is requesting approval of a Planned Development Amendment to allow a pylon sign on property located at 3235 Denmark Avenue, future site of Fireside Hearth and Home. The proposed pylon is consistent with City Code provisions regarding size, distance to other pylon signs and setbacks. The proposed pylon offers a sign face cabinet consistent with other pylon signs in the area, and adds cultured limestone columns to the design supports. Staff has recommended a condition of approval to address landscaping at the base of the columns. .ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow a pylon sign on property located at 3235 Denmark Avenue, legally described as Lot 1, Block 2, Olson Burger Addition, in the NW '/4 of Section 15. If approved, the following conditions should apply: An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. Recording of the Agreement must be completed prior to issuance of a sign permit. 2. A landscape plan shall be submitted for staff review and approval prior to issuance of the sign permit that includes a landscape bed around the base of the sign. 3. A sign permit must be obtained prior to installation of the pylon sign. 4. The pylon sign shall be set back at least 10 feet from all property lines, and shall not exceed 27 feet in height or 125 square feet in sign face area. ~~a 0 G c c ~; ® P ~~ L 6 ~ d e Q ~~ o~ c ~~ ~BeP ~: r, >_. ~~l E ~-~• e ~^ ,,rr°°~~~r~, \f, ..\ (/,,i ~ ~: s~ Site J~~-=s l~ / • ~~. E ~~ _~: .~ Location Map 1~. ~d ~v S\~ \• r t ~ ~c ~~ ~ ~ ~- ~® ~ Q , ~_ ~ ~ ~. ~~ ~~ ~~ t ~ ~• Esgan Boundary Btraat Cantarilna Psreal Ana Building Footprint s ~~ _.~ j ~~ ~~p[p--?++~ -'""L tir, t/ /Tr..,..~_..f ~ f r c _. t ~ ~ ~ "."ter A 6~' ~ ``C• e ~ ~ LJ_._LLl ~~ ~ 1T^ E ~ ~„ '~_~~ C E `~ ~ r al ee .el Er FGE IOI ~_.~`_~, S 'iJ v a:.. ~ ~ ~~~~ ~e c~ ~ :r `.. t:l' _ '~ _._. & 1000 0 1000 2000 Feet Development/Developer. APPRO Developmen~nttlpnc,,.~ Application: Planned Develop/~~~ Case No.: 15-PA-08-08-02 ~ d ., Map Prepared wirp~w.Rw 7.1. Parpl Wse m.p d.u providW N ty Dekoa County LarW Survey DepeNneM and kt eumM as of MareA 2001 City of Eagan /' TNIB MAP IS INTENDED FOR REFERENCE UBE ONLY ~ E M. t N n r S C ' .~ Tha City of Eagan and Dakota County do not guarantN tha accuracy of this IMormation and ara 5 Gmin~nny D~wopment Deyartr~nt not roaponalbla fOr errors M omlaalona. Current Zoning and Comprehensive Guide Plan APPRO Development, inc. Land Use Map Case No. 15-PS-08-08-02 Zoning Map 1-1 R-3 Current Zoning: R~ 0 PD PD Planned Development PD ~~ o. PD PD 4f 4 PD 600 0 f00 7]00 Fwd PD PD Comprehensive Guide Plan ~ MD Land Use Map BP IND Current Land Use Designation: SA MD SA SA SA ~ Special Area ~ sA ~ ~~ sA SA soo o .oo ~xoo s..~ SIGN PLAN m m 0 .~ '~ ~ ~= `~ ~ ~ •" i /.. 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Our client feels the pylon sign is a necessary element to draw attention to their retail facility. We have identified, on the attached documents, impacts to the other neighboring properties with our proposed sign location and hope you agree that impacts appear to be minimal. Please review at your earliest convenience and advise us of any questions as well as the timeframe for public hearings, etc. Thank you for all your assistance to date regarding the project approval and platting. Sincerely, Jack D. Matasosky, CEO APPRO Development, Inc. JDM/kam GV-pgro Prod~Kton~ho~ecvWeanh Tetlunlo~ea~Firede E.~aMCey C Vl~n Msndna+a SubrwWL20-02 doc ~ g8~ DEVELOPERS ARC CnNTRACTORS ~' NARRATIVE Agenda Information Memo October 1, 2002, Eagan City Council C. INTERIM USE PERMIT -JAMES OBERG ACTION TO BE CONSIDERED: To approve an Interim Use Permit to allow outdoor storage on property located south and east of Red Pine Lane and Hwy. 3 in the SE'/4 of Section 36, subject to the conditions in the APC minutes. FACTS: • The property is currently vacant and unplatted. Most of the significant vegetation is located along the western edge of the site, adjacent to the railroad tracks and a wetland exists on the west central part of the site. The land is bermed along Red Pine Lane to the north. A gravel driveway provides access to the property from Gun Club Road. • A rezoning of this property from I-1 to NB was approved by the Council on September 17, 2002 and the NB zoning will go into effect upon publication. • Upon receiving a complaint and verifying a violation, the City recently contacted Mr. Oberg regarding the outdoor storage that is occurring on this property and he later applied for this hiterim Use Permit. • The proposed outdoor storage area is on the southern end of the site. A berm is proposed around the proposed storage area. The proposed surfacing material is Class V gravel. A grading permit will be required for these site improvements. • The site plan shows four semi-trailers, construction equipment (3 items), and "miscellaneous parts on pallets," within the proposed storage area. • The Advisory Planning Commission held a public hearing on September 24, 2002, and recommended approval of the Interim Use Permit, subject to the conditions listed in the APC minutes, which have been modified from those in the staff report. ISSUES: Staff raised concerns about storage of hazardous waste items outside on the property. Also, there appears to be a lot of refuse on the property that is unrelated to the storage of trailers, equipment and parts. The applicant agreed to remove the refuse from the property, and store only equipment parts outside, any hazardous items (such as the vehicle batteries) will be removed from the property or stored inside one of the trailers. The APC raised a question about how many items would be stored on the site. Staff is contacting the applicant to clarify the quantity of storage needed (i.e. how many pallets, how many trailers, etc.) Staff also is contacting the applicant about securing access to the site, and we expect to have additional information on this issue to present to the Council at the meeting. ATTACHMENTS (3): September 24, 2002, APC Minutes pagesthrough Staff report, pages ~ through Correspondence from Bill Shiltz, page~~ /~9 City of Eagan Advisory Planning Commission September 24, 2002 Page 5 D. INTERIM USE PERMIT -JAMES OBERG An Interim Use Permit to allow outdoor storage on property located south of Red Pine Lane between Hwy. 3 and Biscayne Avenue in the SE'/o of Section 36. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated September 18, 2002. She noted the background and history. Applicant James Oberg explained that the material stored on his property is not different from that of a construction company. Member Steininger asked how the applicant would feel about the use of crushed blacktop on his property. Mr. Oberg stated crushed blacktop is an option, however traffic to the site is minimal, eliminating the concern for dust. Chair Huusko opened the public hearing. Ed McMenomy, developer of Finch Place, the residential development to the north, asked that trees or landscaping be required to screen outdoor storage material on Mr. Oberg's property. He also asked that long grass and weed ordinances be enforced for the property, particularly along Red Pine Lane. Mark Pieper, neighboring property owner on Biscayne Ave., explained that landscaping will not be able to screen views from the two-story homes which are on a hill and overlook the site. Chair Huusko stated a letter was received from Bill Schiltz, who owns property on Biscayne Ave., that states no objection to the applicant using the property for outdoor storage of equipment and trailers. Member Gladhill explained that he visited the property between 4:30. p.m. and 5:00 p.m. today and the refuse material had not been removed. He stated the property resembles a dumpsite and is extremely aesthetically unpleasing. Chair Huusko asked if condition eight could be more itemized as to what is allowed. He suggested landscaping be added in order to please the surrounding neighbors. Ms. Dudziak explained that plant species for landscaping would need to be carefully chosen due to the lack of irrigation and the poor soil quality on the property. Member Bendt stated that athree-year term for the permit is too long. Member Steininger stated the proposed plan is acceptable and landscaping should not be required. a stated he is in favor of the proposal as presented. / 90 City of Eagan Advisory Planning Commission DRAFT September 24, 2002 Page 6 Member Nosbush stated he agrees with Member Steininger. He further explained that he visited the property over the weekend and the property is a mess. Member Gladhill stated concern that the City codes are being violated, however the proposed plan is an improvement to the property. He stated that landscaping would not help the view from other properties. He also stated he is in favor of the proposal `as presented. Member Stackhouse stated the proposal would be an improvement to the property, however a three-year time period for the permit is excessive. Chair Huusko also stated athree-year time period is excessive. He stated concern with the lack of detail in condition eight. Mr. Oberg stated he would like to have until November 30, 2002 to clean up the property. He agreed that the batteries currently stored outside on the property should be removed. There being no further public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Member Steininger moved, Member Gladhill seconded a motion to approve an Interim tise Permit to allow outdoor storage on property located south of Red Pine Lane between Hwy 3 and Biscayne Avenue in the SE'/4 of Section 36 subject to the following conditions as amended: The permit shall terminate upon the earlier of development of the property or October 1, ~5 Z004. 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 may be 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. The applicant shall apply for and obtain a grading permit for the proposed site preparation work prior to commencement of any grading activity. All site grading improvements shall be constructed outside the existing drainage easements on the site and should not interfere with existing drainage patterns on the site or within Gun Club Road right-of--way 4. A minimum 30-foot undisturbed buffer shall be maintained from the delineated edge of the wetland. Erosion control shall be established and maintained in compliance with the recently adopted erosion control ordinance. The proposed storage shall be located so that it does not encroach into any wooded areas, and no significant trees shall be removed to accommodate the proposed outdoor storage The wooded areas shall be accurately identified on the plans for / 9/ City of Eagan Advisory Planning Commission ~~ ~~ September 24, 2002 Page 7 grading permit and protected from grading activities in accordance with the required protection measures in the City Code. 6. The existing driveway shall be graded and resurfaced along with the storage area. 7. Access to the property shall be secured with a fence and/or gate to prevent unauthorized access and dumping on the property. This Interim Use Permit pertains only to the vehicles, trailers, and construction equipment currently existing on the property (semi trailers, semi truck cab, one roll- offcontainer and three pieces of heavy construction equipment and pallets of parts). 9. All vehicles stored on the property must be currently licensed and operable, and all equipment must be in good repair and operable. 10. All refuse items shall be removed from the property and disposed of properly by October 31, 2002 and the remaining items shall be placed in the storage area by November 30, 2002. All voted in favor. Motion carried 6-0. i9a PLANNING REPORT CITY OF EAGAN REPORT DATE: September 18, 2002 APPLICANT: Jim Oberg PROPERTY OWNER: Jim Oberg REQUEST: Interim Use Permit CASE: 36-IN-03-09-02 HEARING DATE: September 24, 2002 APPLICATION DATE: September 4, 2002 PREPARED BY: Pamela Dudziak LOCATION: Southeast corner of Red Pine Lane and Hwy. 3 COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: IND, Limited Industrial SUMMARY OF REQUEST ' Jim Oberg is requesting approval of an Interim Use Permit to allow outdoor storage of semi trailers, construction equipment and miscellaneous parts on pallets. The subject property is unplatted and is located at the southeast corner of Hwy. 3 and Red Pine Lane, north of Gun Club Road and west of Biscayne Avenue, in the SE '/4 of Section 36. AUTHORITY FOR REVIEW 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. /93 Planning Report -Jim Oberg September 24, 2002 Pase 2 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 8.5-acre parcel is unplatted. The applicant's narrative states he has "had miscellaneous construction equipment and parts on this property for over ten years." The site has a gravel drive off Gun Club Road. The land is bermed along Red Pine Lane to the north. Most of the /9Y Planning Report -Jim Oberg September 24, 2002 Page 3 significant vegetation is located along the western edge of the site, adjacent to the railroad tracks. A wetland is located in the west central part of the site. The property has been zoned I-1, Limited Industrial since 1969. The property had been guided for residential uses until the mid-1990s when the City amended its comprehensive Guide Plan to change the land use designation of this site to Industrial. In 2001, the City revisited the land use and zoning designations in this area. The result was that the land use designation of this site was changed to RC, Retail Commercial, in February 2002. To maintain consistency between the land use and zoning, the City is in the process of rezoning the property to NB, Neighborhood Business, as part of a City-wide zoning map update. Upon receiving a complaint and verifying a violation, the City recently contacted Mr. Oberg regarding the outdoor storage that is occurring on this property. He was informed that such storage is in violation of the City Code, and that to obtain compliance, the items would need to be removed from the site, or the necessary permit obtained from the City. Mr. Oberg chose to apply for athree-year Interim Use Permit. The applicant's narrative states that he intends to bring forward a commercial development proposal for the northern part of the property later this year. ElISTI!~`G CONDITIONS The site is currently vacant and open with gently rolling topography. There is a wetland on the west central part of the property. The west side of the property is bounded by a rail line. To the east are several platted parcels along Biscayne Avenue, all of which are occupied by industrial uses. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zonin Land Use Desi nation I~TOrth Residential -Finch Place (under construction R-1, Single-family Residential LD, Low Density Residential South West End Gun Club P, Park P, Park East Various industrial uses I-1 Limited Industrial RC, Retail Commercial West Railroad and Hwy. 3; Printer Right-of--way; I-1, Limited Industrial RC, Retail Commercial EVALUATION OF REQUEST Compatibility with Surrounding Area -This site was approved for rezoning from I-1, Limited Industrial, to~NB, Neighborhood Business, along with the properties to the east, at the September 17, 2002 Council meeting. To the north is a new single-family residential development, and to /9s Planning Report -Jun Oberg September 24, 2002 Page 4 the south is a gun club. The site is bounded on the west by railroad tracks and Hwy. 3, and a print shop to the southwest. Since the parcel is vacant, the proposed outdoor storage would be the principal use on this property. Site Plan -The proposed storage area is on the southern end of the site, with access into the site from Gun Club Road. A berm is proposed around the proposed storage area. The site plan shoves four semi-trailers, construction equipment (3 items), and "miscellaneous parts on palIets," within the proposed storage area. The applicant indicates that he has kept such items on this property for over ten years, and "the `new' residents, and City are now asking [him] to `clean up."' The applicant is requesting a three-year Interim Use Permit to allow continued storage of these items on the property and is proposing to condense the storage into a 200' by 200' area, surrounded by a berm. Landscaping - No landscaping is proposed. Grading%Storm Drainage -The applicant is proposing to construct a berm around the storage area for containment and screening. One plan shows the berm will be 5-6 feet in height. A grading permit will be required to create the berm. The storage area is proposed to be surfaced with Class V gravel. All site grading improvements should be constructed outside the existing drainage easements on the site and should not interfere with existing drainage patterns on the site or within Gun Club Road right-of--way. City Code requires that all off-street parking and storage areas be surfaced with a material to control dust and drainage, and that the surface shall be properly maintained to prevent deterioration. Bituminous asphalt pavement is the most-widely-used surfacing material to accomplish this requirement and is required for off-street parking areas. There are a number of outdoor storage lots within the City that have been allowed to use recycled aggregate surfacing for outside storage areas, but Class V gravel aggregate storage areas have not been allowed. However, because this is an Interim Use and not a Conditional Use, the improvements are considered temporary and upon expiration of the Interim Use Permit, if the permit is renewed, a different surfacing material could be required at that time. A determination of the acceptability of Class V gravel for surfacing is a policy matter to be determined by City officials. Wetlands/Water Quality -There is an existing wetland on the west central portion of the site. The proposed storage area does not impact the wetland, however, grading activities may. A detailed grading plan will need to be submitted for the grading permit, and proper erosion control and wetland buffers will be evaluated as part of that permit. The City requires that a minimum 30-foot undisturbed buffer be maintained from the delineated edge of the wetland. Erosion / 96 Planning Report -Jim Oberg September 24, 2002 control must be established and maintained in compliance with the recently adopted erosion control ordinance. Tree Preservation -The 8-5 acres site is mostly open, with some wooded areas along the west boundary of the site. The proposed storage should be located so that it does not encroach into any wooded areas, and no significant trees should be removed to accommodate the proposed outdoor storage. The wooded areas will need to be accurately identified on the plans for grading permit and protected from grading activities in accordance with the required protection measures in the City Code. Access/Street Design -Access is proposed via Gun Club Road. Gun Club Road is a gravel surfaced rural section roadway. A gravel driveway is proposed into the property and proposed storage area. The existing driveway is rutted and should be graded and resurfaced along with the storage area. Access to the property should be secured with a fence and/or gate to prevent unauthorized access and dumping on the property. Outdoor Storage - 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. The applicant is proposing to enclose the storage area with an earthen berm. 2. The storage area shall be located in the side or rear yards and shall not encroach into airy required front building setback area or other required setbacks. There is no building on the site to establish a front yard, however, the storage area is proposed to be located on the south end of the site adjacent to Gun Club Road. The proposed storage areas should maintain a minimum of 30 feet from the south property line and should not encroach into the wooded area on the west edge of the property. The outdoor storage area shall be screened from view from the public right-of--way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The proposed berm provides screening from adjacent properties and public rights-of--way, however, the berm may not fully screen the trailers and construction equipment which are taller than 5-6 feet. The APC and Council may wish to consider whether additional screening measures would be appropriate. It is staff's assessment that because Gun Club Road is not heavily traveled, and the immediately neighboring properties are industrial uses, additional screening measures seem unnecessary for a temporary use and if the berm alone is found to be insufficient, the City could require /9 ~ Planning Report -Jun Oberg September 24, 2002 Paee 6 additional screening upon renewal of the interim use permit. Berming is not proposed on the west edge of the storage area, where existing vegetation will remain to provide screening from the adjacent print shop. 4. The storage area shall not interfere with any pedestrian or vehicular n:ol~ement. There is little or no vehicular or pedestrian movement through the site, so no such interference is anticipated. . The storage area shall not take up required parking spaces or landscapi~ig areas. The site is undeveloped and contains no parking or landscaping areas to conflict with the proposed storage area. 6. The storage area shall be surfaced with co~icrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioratio~t. The applicant is proposing to surface the storage area with Class V gravel. Staff has visited the site and found that much of the outside storage currently on the site appeazs to be refuse or recyclable items. There is also.some hazardous waste (vehicle batteries, and what appeazs to be used motor oil) being stored openly on the property. It is troubling that these types of items are being stored outside on this property. Staff is concerned that perhaps the applicant is unaware that such dumping has been occurring on his property. The outdoor storage ordinance is generally utilized for large, heavy and useable equipment or materials that would be difficult and unwieldy to move and store indoors and iswell-suited to exposure to the elements. ~` ;~; ~~' ~' 3. 66 :~^ y :('''t K-., F ~ ~. L ~. .' City staff conducted a site visit on September 16, 2002. The applicant had several semi-trailers stored on the site, one truck cab, two pieces of large construction equipment (such as a backhoe), although at least one of the items appeazed to be in disrepair (broken windshield). There was also aroll-off container, and several azeas of scattered items such as a bicycle, rusted scrap metal, /98 ;~ ~ -~ Planning Report -Tim Oberg September 24, 2002 Page 7 rusted vehicle and equipment parts and vehicle batteries. All of the trailers, equipment and items appeared to have been unmoved for a period of time as the vegetation was knee-high and growing around and through the items. It is staff s interpretation that most of these items that the applicant has identified as "miscellaneous parts on pallets" on the proposed site plan are refuse and should be removed from the property and disposed of properly. Continued outdoor storage of such items is a violation of the City's trash storage and disposal ordinance. Outdoor storage of the semi-trailers, large construction equipment and roll-off container can be accommodated through this Interim Use Permit. SU>`1n1ARY/CONCLUSION Jim Oberg is requesting approval of an Interim Use Permit to allow outdoor storage of semi- trailers, construction equipment and miscellaneous parts on pallets on property located southeast corner of Hwy. 3 and Red Pine.Lane. Outdoor storage of the semi-trailers, large construction equipment and the roll-off container can be accommodated through the Interim Use Permit, but other items currently on the property should be removed and disposed of. The applicant is proposing to grade the proposed storage area and berm around it. The storage area is proposed to be surfaced with Class V gravel and no landscaping is proposed. The proposed site improvements are substandard to typical requirements for outside storage, however, the proposed outside storage use is temporary, the site is not highly visible, and additional site improvements could be required at such time as the Interim Use Permit may be renewed. Staff has concerns that unauthorized dumping has been occurring on this site since much of the material on the site appears to be general refuse or hazardous waste, and is unrelated to the storage of trailers and heavy construction equipment. The applicant should take measures to secure access to the property to prevent further unauthorized dumping on his property, regardless of whether or not this Interim Use Permit is issued. ACTION TO BE CONSIDERED To recommend approval of an Interim Use Permit to allow outdoor storage ofsemi-trailers, construction equipment and miscellaneous parts on pallets on property located at the southeast comer of Hwy. 3 and Red Pine Lane, north of Gun Club Road and west of Biscayne Avenue in the SE '/< of Section 36. If approved, the following conditions should apply: 1. The permit shall terminate upon the earlier of development of the property or October 1, 2005. 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 /99 Planning Report -Jim Oberg September 24, 2002 Page 8 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. 2. The applicant shall apply for and obtain a grading permit for the proposed site preparation work prior to commencement of any grading activity. 3. All site grading improvements shall be constructed outside the existing drainage easements on the site and should not interfere with existing drainage patterns on the site or within Gun Club Road right-of--way - 4. A minimum 30-foot undisturbed buffer shall be maintained from the delineated edge of the wetland. Erosion control shall be established and maintained in compliance with the recently adopted erosion control ordinance. 5. The proposed storage shall be located so that it does not encroach into any wooded areas, and no significant trees shall be removed to accommodate the proposed outdoor storage The wooded areas shall be accurately identified on the plans for grading permit and protected from grading activities in accordance with the required protection measures in the City Code. 6. The existing driveway shall be graded and resurfaced along with the storage area. 7. Access to the property shall be secured with a fence and/or gate to prevent unauthorized access and dumping on the property. 8. This Interim Use Permit pertains only to the vehicles, trailers, and construction equipment currently existing on the property (semi trailers, semi truck cab, one roll-off container and two pieces of heavy construction equipment). 9. All vehicles stored on the property must be currently licensed and operable, and all equipment must be in good repair and operable. 10. All refuse items shall be removed from the property and disposed of properly by October 31, 2002. aoo Eagsn Boundary Location Map ~P~~ 'M Bulidiny Footprint 4 G w e ~ a, u ~ ~ F ~, c e o. a ~o ~ amS ..., ~ ...R • .. c . . o t~; ~• $~ims~e6 ® -~ c c a ,• ~ w e ` ~.. ~ ~ ~ e^ e'S , ~ o + ~ ~p m v ~ F; `z o m '~ 9 F G ~~ E ~ Eo ~~ e5 ~ Q ~ ~~ ~ ~ ~ ~ ~: a t= - L % G •~ ~, ' ~ ~~~ ~ ~ ~ t `= e J~ ~ y Sub ect Site ~ i ! ~. ~ ~~ ~' fe C ~. aG Z ~ c ' ~ ~ ~ ~ t ~ ~ i °c ~ ~ C Y rs p" N Z C ~ ~ ee 1000 0 1000 2000 Feel Developmerrt/Developer. Jims Equipment Service Application: Interim Use Permit Case No.: 36-IN-03-09-02 ~ O/ M.p Pnp.red usfnp ERSI AreYeew 1.1. V.reel eew m.p eYh proNeMd Dy D.koh Count' Lane) Survey D.gr4neM and b eexnM as W Mereh IOOt N City of Eagan THIS MAP IS INTENDED FOR REFERENCE UEE ONLY w e M. ~ N N E S ^v i .~ t.annwrdLy Devrepm.nt Dp.rtrn•M The city of Eayan and Dakota County de not EuarantN tho accuracy of this tnfermatlon and an not nsponslbl• for errors er omleslons. S Current Zoning and Comprehensive Guide Plan Jims Equipment Service Land Use Map case No. 36-IN-03-09-02 Zoning Map PENDING Current Zoning: NB Neighborhood Business .~ . .oo ,~ ..« Comprehensive Guide Plan Land Use Map ~ `° ~ °~ `~ LD LD r t LD ~~ ,~~ • LD Current Land Use Designation: RC Retail Commercial RG ~ LD LD IND cP P LD P . LD ~,p ooe o we +aeo s..~ ~` .~ •~ ~ A ,~, ; ~' .. -- •~ r. ;, s ~, ~~'~ ~Y / ~~. ~~ -'~;~ ~~` . 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PLANNED DEVELOPMENT AMENDMENT - (A.B. SYSTEMS, INC.) ACTION TO BE CONSIDERED: To approve a Planned Development Amendment to amend the use on property located at 2260 Cliff Road, legally described as Lot 2, Block 1, Oak Cliff 9`'' Addition, in the NW '/4 of Section 31, from an off-sale liquor store to a 15,000 square foot two-story office building subject to the conditions listed in the APC minutes. FACTS: • The site is currently vacant. The southeast portion of the site is wooded and is under a conservation easement. Access is provided via a private road from Slater Road that also provides access to adjacent parcels to the north and west. • A Final Planned Development was approved in 2000 for a Haskell's liquor store on this site and a Final PD Agreement was executed, however, construction did not proceed. • A.B. Systems is proposing a 15,000 square foot office building to be located in the southwest portion of the site. • The proposed office use constitutes a change from the existing designated use and appears consistent with the RC, Retail Commercial land use designation for this property. The proposed use also serves as a transition between the gas station/convenience store to the north and the residential neighborhood to the south. • The site plan as proposed is short 8 parking stalls (71 provided vs. 79 required). The parking shortfall can be accommodated through the Planned Development, if the Council finds the plan acceptable. • The proposed building utilizes lap siding, EFIS, asphalt shingles and metal trim. The architectural style is similar to that utilized in the Prairie Oaks development across Slater Road. Parking, delivery, loading and trash removal activities are located to the north side of the building, away from the residential neighbors. • Since a Final Planned Development was previously approved for this parcel, this amendment constitutes an amended Final Planned Development for this property. • The APC held a public hearing on September 24, 2002, and recommended approval of the Planned Development Amendment, subject to conditions in the APC minutes. ATTACHMENTS: September 24, 2002 APC Minutes, pages~through~~~ Staff report, pages 6~through~~ aos City of Eagan Advisory Planning Commission September 24, 2002 ~' ~~~ Page 8 E. PLANNED DEVELOPMENT AMENDMENT - A. B. SYSTEMS, INC. A Planned Development Amendment to amend the use of Lot 2, Block 1, Oak Cliff 9`~' Addition from a liquor store to a 15,000 sq. ft., two story corporate office building, located south of Super America and east of Royal Cliff on Slater Road in the NW '/4 of Section 31. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated September 18, 2002. She noted the background and history. Applicant Pete Schuller, with A.B. Systems stated agreement with the 10 conditions as stated in the City Staff report. Chair Huusko opened the public hearing. Rob Sweetman, adjacent property owner stated concern with the increase in traffic and suggested a right turn lane and that the road be named. He asked v~~hy 71 parking spaces are needed for 20 employees, and about the size of the delivery trucks and frequency of deliveries. Oliver Moore, neighboring property owner stated concern for the view of the rear of the building from his home. There being no further public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Assistant Engineer John Gorder stated traffic is a concern on Slater Road, however there is adequate room for bypass. He further explained that the owners of the unnamed street would need to create a name and install a street sign. Ms. Dudziak explained that the City Code determines the number of parking spaces needed for each property and in this case it is determined by the use and the size of the building. Chair Huusko discussed the delivery truck size and delivery frequency as noted in the Staff Report. Member Gladhill asked if the applicant feels a1171 parking spaces are needed. Mr. Schuller explained that there will be 40 to 50 employees in the building and stated he would prefer to abide by City Code in regard to the number of parking spaces. In order to satisfy the stall size standards, fewer stalls fit on the site. Thomas Fiala, one of the owners of Alliance Health Care explained visitor needs for parking and stated he feels that the 71 parking spaces will be sufficient. Member Bendt moved, Member Steininger seconded a motion to approve Planned Development Amendment to amend the use of Lot 2, Block 1, Oak Cliff 9`'' Addition from a liquor store to a 15,000 sq. ft., two story corporate office building, located south of Super X06 City of Eagan Advisory Planning Commission `i September 24, 2002 Page 9 America and east of Royal Cliff on Slater Road in the NW '/4 of Section 3lsubject to the following conditions: The developer shall enter into a Planned Development Agreement with the City. The following exhibits are required for the Planned Development Agreement: • Site Plan Building Elevations Landscape Plan Site Lighting Plan All building, parking/drive aisles, and landscaped areas shall be properly maintained. 3. All site signage shall comply with City Code requirements. 4. A revised landscape plan shall be submitted for incorporation into the Final Planned Development Agreement, and shall be subject to approval by City staff. The revised landscape plan shall be signed by a registered landscape architect, and planting details shall be provided. A different shrub material shall be utilized along Slater Road to better screen the parking areas. 5. All exterior site lighting shall be shielded and directed to deflect light away from adjacent properties and rights-of--way, and so that the source of light is not visible from off the site. If exterior lighting is utilized for the ground sign, it also shall be shielded so the source of light is not visible from off the site, and directed so that the light shines only on the sign. 6. Al] rooftop mechanical equipment shall be screened from view of all public rights-of- way and the private street bordering the property to the north. A private access easement shall be prepared by the applicant and reviewed and approved by the City Attorney prior to issuance of a building permit. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line oP 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, or commencement of construction activity, to ensure compliance with the approved Tree Preservation Plan and proper placement of the Tree Protection Fencing. 10. This development shall be responsible for a cash park and trail dedication at the time of building permit issuance, at the rates then in effect. ao9 PLANNING REPORT CITY OF EAGAN REPORT DATE: September 18, 2002 APPLICANT: A.B. Systems, Inc CASE: 31-PA-09-08-02 HEARING DATE: September 24, 2002 PROPERTY OWNER: Villa Vino Partners APPLICATION DATE: September 4, 2002 REQUEST: Planned Development Amendment PREPARED BY: Pamela Dudziak LOCATION: 2260 Cliff Road COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUniMARY OF REQUEST A.B. Systems is requesting approval of a Planned Development Amendment to amend the use on property located at 2260 Cliff Road, legally described as Lot 2, Block 1, Oak Cliff 9`'' Addition, in the NW '/4 of Section 31, from anoff-sale liquor store to a 15,000 square foot two- storyoffice building. AUTHORITY FOR REVIEW Chapter 11, Section 11.40, Subdivision 5 states, in part 1. The provisions of this chapter maybe amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote oftwo-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY The subject property was originally part of the Winkler/Jackson Planned Development that was originally approved in 1982 and granted afive-year extension in 1987. In 1991, the adjacent Super America was developed, while Penn Cycle, which also borders the site, was developed in 1995. This parcel was platted in 1999, and the site received Final Planned Development approval in June 2000 for a liquor store. A Final PD Agreement was executed, however, development did not aos Planning Report - A.B. Systems, Inc. September 24, 2002 Page 2 proceed due to the developer's discovery of a buried pipeline on the site that conflicted with the development plans. A.B. Systems is now seeking to develop the property with a different site layout that accommodates the pipeline. The 1999 Development contract for the Oak Cliff 9th Addition subdivision included a condition that the applicant provide site plans, landscaping plans, and lighting plans to the Oak Cliff Ponds Homeowner's Association prior to Council action on the Final Planned Development Agreement. At the time of the subdivision in 1999, there were no development plans for this parcel and the homeowners were concerned about what would be developed on this site. Because Final Planned Developments do not go through public hearing, there would have been no opportunity for public review and comment on the development. This proposal for Planned Development Amendment is subject to a public hearing, and homeowners within 350 feet will have received notice of the proposal and hearing and have the opportunity for public review and comment at the Advisory Planning Commission meeting. EXISTING CONDITIONS The subject property is platted as Lot 2, Block 1, Oak Cliff 9th Addition. This parcel shares access with the lots to the north and west. This site was graded as part of previous area development. There is also a scenic easement over the southeast portion of the property. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zonin Land Use Desi nation North Su er America PD, Planned Develo ment RC, Retail Commercial South Sin le-famil homes PD, Planned Develo ment LD, Low Densit Residential East Amoco and office PD, Planned Development RC, Retail Commercial and OS, Office/Service Vl'est Brianno's deli and convention center PD, Planned Development RC, Retail Commercial EVALUATION OF REQUEST Compatibility with Surrounding Area -Neighborhood Business (NB), General Business (GB), and Community Shopping Center (CSC) are listed as zoning classifications that would be compatible with the RC land use designation. While the RC land use designation is perhaps most identified with retail and service uses, professional offices are consistent with the NB zoning classification and therefore, may also be considered consistent with the RC land use designation. In this case, the proposed office use serves as a transition from the higher intensity commercial use to the north (convenience gas) and the residential neighborhood to the south. ao~ Planning Report - A.B. Systems, Inc. September 24, 2002 Page 3 The applicant's narrative indicates that their site selection criteria including ""better than average access to metropolitan transportation routes, availability of better than average existing public and private utilities, a location within a maturing suburb close to Alliance's present offices, and an existing neighborhood that supported mixed, low density development." Site Plan -The building is proposed to be located in the southwest corner of the site, with parking to the north and east. Access is provided via a shared private drive to the north, there is no access from Slater Road. A six-foot cedar fence is proposed south of the building, consistent with conditions required for previous development proposals on this parcel. An area for truck deliveries with an overhead door is located on the west side of the building. The overhead door faces north, so loading activity will be oriented away from the adjacent residential development to the south. Staff raised some questions about truck access to the delivery area. The necessary movements for large trucks are shown on the site plan. While the delivery maneuvers appear a«~k«~ard and mingle large trucks within automobile parking areas, the applicant has provided a letter describing the anticipated volume of truck and delivery for this facility. Large semi-truck deliveries are anticipated at about five per month, one panel truck delivery per week, and UPS and express deliveries daily and weekly. Setbacks - A 30-foot setback is proposed from the south lot line, adjacent to an existing residential development. A 20-foot setback is proposed from the west lot line, adjacent to Brianno's. A minimum building setback of 30 feet is required from Slater Road. The building setbacks from the east and north lot lines exceed 100 feet. The proposed setbacks are consistent ~~~ith typical City Code zoning standards. The 30-foot building setback adjacent to residential uses satisfies the setback standard for commercial development in Limited Business (LB) and Neighborhood Business (NB) zoning districts. Parkin -The parking stalls satisfy size standards of 10' by 19'. The 14,918 sq. ft. building requires 79 parking stalls, a total of 71 stalls are proposed, resulting in a shortfall of 8 parking stalls. The acceptability of this deviation from parking standards is a policy matter to be determined by City officials. If deemed acceptable, the deviation can be approved as part of the Planned Development Amendment. Building Elevations -The proposed building is 29 feet in height. The architectural design is similar to the prairie style architecture used in the Prairie Oaks development east of Slater Road. The applicant's narrative states, "Because Alliance Health Care provides in-home health care services, an office building that was residential in character was desired." Exterior materials consist of lap siding and EFIS, asphalt shingles, and metal fascia and roof coping. Si_gnage - Signage plans were not submitted. The site plan shows afree-standing sign at the entrance. The City Code allows one free-standing ground sign, design and location is subject to the standards in the City Sign Code. All site signage should comply with City Code requirements. Landscaping -The landscape plan provides a variety of plant materials. Ornamental and shade trees, evergreen trees, shrubs and perennials. All plants satisfy City Code specifications. The aid Planning Report - A.B. Systems, Inc. September 24, 2002 Page 4 landscape plan should be signed by a registered landscape architect, and planting details should also be provided. The landscape plan relies heavily on Grow-Low Sumac for shrub plantings. While the sumac is appropriate for mass plantings and transitions to naturalized areas to the south, staff suggests that a different shrub material be utilized along Slater Road to better screen the parking areas. A revised landscape plan, subject to approval by City staff, should be submitted for incorporation into the Final Planned Development Agreement. Gradin~/Topography -The site has been graded with previous development and generally slopes to the east/ southeast. Storm Drainage - An existing storm sewer system along the south and east edges of the site is available for connection by the development to accommodate storm water runoff. Utilities -Existing sanitary sewer and water main stubs are available for connection from the utilities within the private drive to the north. Streets!Access/Circulation -Public street access is proposed to the north at one location onto the private drive that currently serves Penn Cycle, Brianno's, Super America, and Mary Mother Church (Burnsville). The private drive extends from Slater Road on the east to Mary Mother Church's parking lot on the west. A private access easement should be prepared by the applicant and reviewed and approved by the City Attorney prior to issuance of a building permit. Wetlands/Water Quality -There are no jurisdictional wetlands within the development pazcel. Tree•Preservation - A tree inventory prepared for this application indicates that there are approximately 16,800 squaze feet of significant woodlands located in the southeast portion of the site. Individual tree species includes a variety of deciduous hardwood species. The development as proposed will result in the removal of no significant vegetation within this existing woodland. Submitted development plans for this site call for this entire woodland to be preserved as a scenic easement. According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, single-lot, commercial) is set at 30.0% of the total significant trees. With a proposed removal less than the allowable amount, there is no required tree mitigation for this proposal. Site Lighting -The site lighting plans shows free-standing fixtures within the pazking lot and decorative wall packs on the building. All fixtures are cutoff design with metal halide lamps. The photometrics indicate that light should not spill over to adjacent properties or rights-of-why. All site lighting should be shielded and directed such that the source of light is not visible from off the site. The ground sign is proposed to be illuminated with exterior uplighting. If such lights are utilized, they should also be shielded so the source of light is not visible from off the site, and directed so that the light shines only on the sign. a~~ Planning Report - A.B. Systems, Inc. September 24, 2002 Page 5 Parks and Recreation -This development is subject to a cash park and trail dedication at the. time of building permit issuance, at the rates then in effect. SUMMARY/CONCLUSION A.B. Systems is requesting approval of a Planned Development Amendment to amend the use on property located at 2260 Cliff Road from anoff--sale liquor store to a 15,000 square foot two- storyoffice building. A Final Planned Development Agreement was previously executed for a liquor store on this property, which has not been built. The proposed use is permitted in the Neighborhood Business zoning district, and in this case would be considered a transitional use behveen the convenience store/gas station to the north and the residential development to the south. This proposal complies with most City Code standards with the exception of an 8-stall parking shortfall and some modifications to the landscape plan. The parking deviation is a policy matter to be determined by city officials, and can be accommodated within the Planned Development if deemed acceptable. The plan revisions called for in this report should be prepared and submitted to city staff for review and approval for incorporation into the Planned Development Amendment Agreement. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to amend the use of this property from anoff-sale liquor store to a 15,000 square foot two-story office. If approved, the following conditions should apply: The developer shall enter into a Planned Development Agreement with the City. The following exhibits are required for the Planned Development Agreement: • .Site Plan • Building Elevations • Landscape Plan • Site Lighting Plan 2. All building, parking/drive aisles, and landscaped areas shall be properly maintained. 3. All site signage shall comply with City Code requirements. 4. A revised landscape plan shall be submitted for incorporation into the Final Planned Development Agreement, and shall be subject to approval by City staff. The revised landscape plan shall be signed by a registered landscape architect, and planting details shall be provided. A different shrub material shall be utilized along Slater Road to better screen the parking areas. 5. All exterior site lighting shall be shielded and directed to deflect light away from adjacent properties and rights-of--way, and so that the source of light is not visible from off the site. a~~ Planning Report - A.B. Systems, Inc. September 24, 2002 Page 6 If exterior lighting is utilized for the ground sign, it also shall be shielded so the source of light is not visible from off the site, and directed so that the light shines only on the sign. 6. All rooftop mechanical equipment shall be screened from view of all public rights-of--way and the private street bordering the property to the north. 7. A private access easement shall be prepared by the applicant and reviewed and approved by the City Attorney prior to issuance of a building permit. 8. 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. 9. 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, or commencement of construction activity, to ensure compliance with the approved Tree Preservation Plan and proper placement of the Tree Protection Fencing. 10. This development shall~be responsible for a cash park and trail dedication at the time of building permit issuance, at the rates then in effect. a~ Location Map Y,( O Eagan Boundary /~/ stmt Gntariina [] Parcel Ana Bullding Footprint Development/Developer. A. B. Systems, Inc. Application: Planned Develo endment Case No.: 31-PA-fKJ-08-0 Map Pntpand usirp ER91 ArcVNw ~.1. Parcel taH map dad provided h by Dekoh County Land Sway Depar4neM and b eurrem as o/ March 2002. Clty Of Eagan THIS MAP 15 INTENDED FOR REFERENCE USE ONLY w E M ; ~~ y c S ~ - q The City of Eagan and Dakota County do not guarantee the accuracy of this Information and an S Cornrrwrrty Development Deprtrranr not nsponsibla for errors OI omissions. 1000 0 1000 2000 Feet Current Zoning and Comprehensive Guide Plan A• s. systems, inc. Land Use Map Case No. 31-PA-09-08-02 Zoning Map - ~ s~ 1.L1!! D P[ PD Current Zoning: PD Planned Development D csc c c PD LB T PD ~w ~ a .~ o .~ ,~ ..., ~~ o Comprehensive Guide Plan Land Use Map ~~~ "° R~ ~11.L o,s HD C or: RC Current Land Use Designation: RC Rc R RC ors Retail Commercial rs ors '~ ~ $ em a eoo ~aoo e.« ~ LD -~~ e... any M«'"i•+v~+.~o~ ew.b tanr sv+.y O~wtwrw Mp soot. N Z.enM erwe..~r. m.bfaln~a -yCM salt City of Eagan ~ W~ E Community Development Depanyr-ent ~' TNIS MAP 13 INTENDED FOR REFERENCE USE ONLY Tha City of Eagan and Dakota County do not guarantee tha seevaey of this ir~formatlon. 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I~' I~~ ~ (~~ '~ f'' { i~i i{' ! 1 . 0 ~ ~ ~ ~ 1 , ! ! 1 ! ~ 1 : : : s e e _ ~ ~ ~ Alliance Health Care 0 ~~~- LIGHTING PLAN PLANNED DEVELOPMENT AMENDMENT PROPOSED DEVELOPMENT Alliance Health Care Corporate Office Building Block 1, Lot 2, in Oak Cliff 9`" Addition City of Eagan, MN The proposed development provides for the design and construction of a 15,000 SF, two story corporate office building for Alliance Health Care. Alliance Health Care provides patient care exclusively off site. The office building will be located in Oak Cliff 9t° Addition, in the City of Eagan, on a private road south of the existing Super America at the intersection of Cliff Road (C.S.A.H. No. 38) and Slater Road. The proposed site fronts on Slater Road. Block 1, Lot 2, in Oak Cliff 9t° Addition is part of a Planned Development. The PD includes convenience stores, a conference center, bicycle retail/service shop, medical office buildings, a church, multiple housing and single family housing. The PD is intersected by Cliff Road and bounded on the east by Cedar Avenue (Highway 7'n. All public and private, streets and utilities are adequate, in place and accessible to the proposed site. The proposed site was brought to a developable state by a former property owner and is presently undeveloped. The proposed development of an office building on the site is planned to be under construction by late fall of 2002, and be completed and occupied by late spring of 2003. ANTICIPATED IMPACTS PLANNED DEVELOPMENT AND PROPOSED SITE Site selection for the proposed development proved to be challenging. The criterion for site selection contained several measures including better than average access to metropolitan transportation routes, availability of better than average existing public and private utilities, a location within a maturing suburb close to Alliance's present offices, and an existing neighborhood that supported mixed, low density development. Because Alliance Health Care provides in-hone health care services, an office building that was residential in character was desired. The proposed development would benefit: from the selected PD and in turn Gave a positive impact on the selected site and its immediate neighborhood. The Planned Development Amendment will Gave no negative impact on City services such as sewer, water, storm water run-off and roads. These services were designed and constructed to serve the proposed commercial development anticipated for the Oak Cliff 9`s Addition. Also, the proposed commercial development is consistent with anticipated site development for the Oak Cliff 9"' Addition and will therefore Gave no negative impact on the subject property. The proposed development is consistent with the Planned Development area standards and requirements and therefore, will not negatively impact surrounding property and land uses. The Planned Development Amendment will provide an appropriate use of the subject property, consistent with existing land use standards and requirements. The residential character of the proposed development will also provide a suitable visual transition between the more intense commercial uses to the north and single family development to the south. The development is consistent with existing developments to the west and east. ABS:WAM 081502 2002-OSOA a~~ ~~ / ~.. A.B. SYSTEMS, INC. / ZO9 WOOD LAKE DR. S.E. /ROCHESTER. MN 55904 / [507) 286-9397 Ge~erai Co~tracr.or~0eve~oper FAX [507J 2B6.5'1't3 September 4, 2002 City of Eagan Ms. Pamela Dudziak - Planner 3830 Pilot Knob Road Eagan, MN 55122-1897 Project: Planned Development Amendment Alliance Health Care 2260 Cliff Road Eagan, MN 55337 A. B. Systems, Inc. Project No. 2002-050A Eagan Project No. 31-PA-09-08-02 Dear Ms. Dudziak: Thank you and your City Staff for meeting with our Civil Engineer, Ze Roy Nyhus and me on August 28, 202. We are hereby re-submitting the application and modified related drawings per your August 30, 2002 letter. Alliance Health Care presently receives four semi truck deliveries per month consisting of disposable products, unassembled hospital beds, wheel chairs, seat lift chairs, and other aids required for their health care operation. Their staff anticipates that the proposed new facility will generate the following traffic. • (5) Semi truck deliveries per month • (1) UPS pick up an delivery per day • (2-3) Speedy deliveries per week • (1) Panel truck delivery for miscellaneous per week Alliance Health Care has a van, which will make deliveries from this facility, to other Alliance Health Care loca*-ions. As noted above the type and frequency of deliveries is minimal and should not affect any one negatively. Sin erely, A. S MS INC. eter Schuller President c.c. Alliance Health Care - Alana Fiala PS/vmf ~~~ J ~ '~ MEMORANDUM EAGAN POLICE DEPARTMENT 3830 Pilot Knob Road Eagan, MN 55122 651-681-4700 651-681-4738 FAX DATE: September 23, 2002 TO: City administrator Tom Hedges, Mayor,. and City Council FROM: Police Chief Kent Therkelsen~ SUBJECT: August 2002 Police Activity Report Service /Call Data Au -O1 Au -02 % Chan a 2001 YTD* 2002 YTD* %chan e Calls for Service 5080 4961 -2.3 37501 37931 1.1 Personal In' Accident 14 18 28.6 116 124 6.9 Pro a Dama e Accident 99 122 23.2 926 953 2.9 Citations Issued 1052 837 -20.4 8540 7607 -10.9 Persons Arrested 83 46 -44.6 563 434 -22.9 To Five Calls for Service** Misc Public Assist 398 253 -36.4 2443 1829 -25.1 Sus icious Activi 293 449 53.2 2018 2622 29.9 Alarms 286 300 4.9 2125 2187 2.9 Theft 175 156 -10.9 1142 1084 -5.1 Medical Emer encies 166 162 -2.4 1190 1149 -3.4 Part 1 Crimes Homicide 0 0 NC 0 1 NC Forcible Rae 1 2 100.0 11 8 -27.3 Armed Robbe 2 6 200.0 1 I 18 63.6 A avated Assault 4 0 -100.0 20 12 -40.0 Bur la 32 32 0.0 148 181 22.3 Larcen /Theft 162 137 -15.4 998 873 -12.5 Motor Vehicle Theft 12 4 -66.7 64 b1 -4.7 Arson 3 2 -33.3 9 10 11.1 Selected Part 2 Offenses Drivin While Intoxicated 51 38 -25.5 322 312 -3.1 Disorderl Conduct 60 46 -23.3 445 340 -23.6 Sim le Assault 30 30 0.0 236 212 -10.2 Vandalism 75 60 -20.0 359 335 -6.7 Narcotics 9 22 144.4 157 192 22.3 *YTD re resents 1/1-8/31)* **(excludes traffice sto sand traffic accidents)** ~~ , ~` 4, Faithful Shepherd Catholic School and Tri Parish Center 3355 Columbia Drive * Eagan, MN 55121 Phone 651-406-4747 * Fax 651-406-4743 September 19, 2002 Dear City Council Members: I respectfully request that the Eagan City Council waive the $150.00 application fee for a temporary liquor license on January 25, 2003. We are holding our fourth annual Live and Silent Auction at Faithful Shepherd Catholic School and Tri-Parish Center. The purpose of the Live and Silent Auction is fundraising. All proceeds from the Auction will go to the school. If you have any questions, I can be reached at 651-688-0750. Thank you for your consideration. Respectfully submitted, Ol • - f~ C~ . Regina Hepp-Hillesheim, Chair 2003 Faithful Shepherd Catholic School Auction Church of St. John Neumann * Church of St. Peter * Church of St. Thomas Becket ,~THESTv, Minnesota Department of Public Safety ~z ~ "~.~~o;~ Alcohol and Gambling Enforcement Division q y ~- ~~~' ~= 444 Cedar St-Suite 133 GW~~ ~~ St. Paul, MN 55101-5133 ,~ ,. ~t~~FiiiSst'~y ~` ~:-~. (651)296-6439 TL~D (651)282-6555 APPLICATION AND PERMIT FORA TEMPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION N E OF ORG RATIO DATE ORGANIZED TAX EXEMPT UMBER , C EET A DRESS S C STATE ZIP CODE ~ -1~" 1 IJ N E OF PERSO MAKIN A PLI ATION BUS SS PHONE hLY~ HOME PHONE (, DA ~E 1QUOR W1L E SOLD TYPE OF ORGANIZATION ~ ^CLUB ^CHARITABLE ^RELIGIOUS ^OTHER NONPROFIT ORGANIZATIO OFFICER'S NAME ADDRESS ORGANIZATION OFFICER'S NAME ADDRESS ORGANIZATION OFFICER'S NAME ADDRESS Location where license will be used. If an outdoor azea, describe f~ ,~ 3 5 (' n~.~~t-rI ni a . On lit _ Will the app 'cant contract for intoxicating liquor services? If so, give the name and address of the liquor licensee providing the service. ~~ Will the applicant carry liquor liability in rance? If so, the carrier's name d amount of overage. ~ (NOTE: Insurance is not mandatory.) APPROVAL APPLICATION MUST BE APPROVED BY CrrY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLIlVG ENFORCEMENT CITY/COUNTY DATE APPROVED CITY FEE AMOUNT LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED Alcohol & Gambling 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 (6/98)