05/06/2003 - City Council RegularI~-
AGENDA
EAGAN CITY COUNCIL -REGULAR MEETING
EAGAN MUNICIPAL CENTER BUILDING
MAY 6, 2003
6:30 P.M.
I. ROLL CALL & PLEDGE OF ALLEGIANCE
IL ADOPT AGENDA
III. RECOGNITIONS AND PRESENTATIONS
IV. CONSENT AGENDA
/~ ~ A. APPROVE MII~'tiTES
/~~ B. PERSONNEL ITEMS
C. CHECK REGISTERS
~ D. APPROVE 2003 Hauler Licenses (Construction/Demolition Debris)
p~p~E. APPROVE 2003 Hauler License (CommerciaUMultiple Dwelling)
/~J3 F. APPROVE 2003 Tobacco License for LT Tobacco and Variety Store
/ ~ ~ G. APPROVE $1,200 contribution to the Caponi Art Park to support 2003 Summer Cultural and
Artistic Performances and Programs.
P, H. APPROVE Change Order #12- Community Center
yi7 I. ADOPT Findings of Fact for Denial of a modification of a Variance -Rob Mueller
3 J. APPROVE Fina] Planned Development (Lot 1, Block 1, Cedar Villas) -Dakota County CDA
P.~ K. IMPLEMENT Comprehensive Guide Plan Amendment for Special Area #~, Cedar Grove Area
3~ L. RECEIVE BIDS /AWARD CONTRACT #03-04 (TH55/Gift of Mary -Street & Utility
Improvements)
Pig M. APPROVE Easement Agreements for Project 806R, Kennerick/Pond HDP-1 Storm Sewer
Improvements
~~ N. RECEIVE Assessment Roll and schedule Public Hearing for Project 801 (Silver Bell Road -
Street Overlay)
~f'/~ O. APPROVE Change Order No. 4 for Contract O1-OS (Cedar Grove Redevelopment -Street &
Utility Improvements)
~~ P. APPROVE Bankruptcy Settlement Agreement, Antennae Lease - Metricom
n~ j Q. APPROVE Easement Agreements for Project 851, Town Centre Area Street & Access
r Management Improvements
5/sR. APPROVE Cost Participation commitment, Project 871 (Wescott Road & Highway 149 -
Signal Improvement)
p 6 S. APPROVE Law Enforcement Mutua] Aid Pact
/ ~, T. APPROVE Vacation of Public Drainage and Utility easement (Lot 1, Block 1, Town Centre 70`h
Addition (Kohl's) (Continued from 4-15 Council meeting)
56 U. APPROVE Revised Bid Opening for Contract 03-01 (Town Centre Area (Street and Access
Management Improvements)
V. APPROVE Proclamation Proclaiming May, 2003 as Falun Dafa Month in Eagan
5 W. APPROVE Resolution Approving Separate Tax Parcels for Outlot A and Lot 1, Block 1, Four
Paws Addition.
P ~' X. APPROVE a temporary hiring freeze for the City of Eagan
V. 6:30 -PUBLIC HEARINGS
,/I b~ A. DELINQUENT UTILITY BILLS. Certification to Dakota County of delinquent utility bills.
~~~ B. DELINQUENT FALSE ALARM BILLS. Certification to Dakota Count}' of delinquent false
alarnz bills.
/~ C DELINQUENT WEED CUTTING BILLS. Certification to Dakota County of delinquent weed
cutting bills.
~~ ~ D. VARIANCE -CAL AND MELISSA ROESKI. A Variance request to exceed the 20 percent
lot coverage allowed in a R-1 (Single Family Residential) zoning district on Lot 9, Block 1,
Brittany 2"d Addition, located at 1644 Sherwood Way in the SW '/4 of Section 33.
P ~/ E. EASEMENT VACATION. Vacation of pubic utility and drainage easements, Lots 1 and 2,
v Block 1, Heine ls` Addition and approve Final Subdi~~ision, Heine 2"d Addition.
VI. OLD BUSINESS
Pqo A. REVOCATION -INTERIM USE PERMIT -JIM OBERG. (PID#10-03600-21-70) located
at the southeast corner of Red Pine Lane and Hwy. 3 in the SE '/4 of Section 36. (Continued
from March 4`~ Council meeting)
VII. NEVI' BUSINESS
Pq3 A. INTERIM USE PERMIT - NORTH~VOOD EQUITY LLC. An Interim Use Pemut to allo~~
the temporary outdoor storage on Lot 1, Block 1, Northwood Business Park 2"d Addition,
located at 3265 Northwood Circle in the SE '/a of Section 10.
~rosB. REZONING R. FINAL PLAT -CHILDREN'S THERAPY CENTER. A Rezoning of
approximately five acres from T (Transitional) to NB (Neighborhood Business) and a Final
Plat to create one lot for a Children's Therapy Center located on Pilot Knob Road in the NE '~4
of Section 4.
pap C. PRELIMINARY SUBDIVISION -RIVER RUN PROPERTIES. A Prelinunary Subdivision
(River Run Addition) of Lot 2, Zehnder Acres to create two sin4le fanvly lots, located at 2987
Pilot Knob Road in the SE '/4 of Section 4.
VIII. COMMUNITY CENTER UPDATE
IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS i'PDATE
X. ADMINISTRATIVE AGENDA
A. Comments by City Council, City Administrator, and Department Heads
~' ~ XI. ECONOMIC DEVELOPMENT AUTHORITY
XII. VISITORS TO BE HEARD (for those persons not on agenda)
XIII. ADJOURNMENT
XIV. EXECUTIVE SESSION
The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities,
facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital
status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will
be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan
will attempt to provide such aid.
s~ ~~i
MEMO
city of eag
MEI<70 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: MAY 2, 2003
SUBJECT: AGENDA INFORMATION FOR MAY 6, 2003 CITY COUNCIL MEETING
ADOPT AGENDA
After approval is given to the May 6, 2003 City Council agenda, the following items are in order
for consideration.
Agenda Information Memo
May 6, 2003 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 Ne~v Business unless the discussion required is
brief.
A. APPROVE MINUTES
ACTION TO BE CONSIDERED:
To approve the minutes of the April 15, 2003 regular City Council meeting, the April 15, 2003
Listening Session, the April 22, 2003 City Council retreat and the April 29, 2003 City Council
workshop as presented or modified.
ATTACHMENTS:
• Minutes of the April 1 ~, 2003 regular City Council meeting are enclosed on pages
through ~.
• Minutes of the April l 5, 2003 Listening Session are enclosed on page ~.
• Minutes of the April 22, 2003 City Council retreat are enclosed on page 1Q.
• Minutes of the April 29, 2003 City Council workshop are enclosed on pages ~_ through
~•
AFT
~~ MINUTES OF A REGULAR MEETING OF THE D
EAGAN CITY COUNCIL ~~ F
Eagan, Minnesota
April 15, 2003
A regular meeting of the Eagan City Council was held on Tuesday, April 15, 2003 at 6:30 p.m. at the Eagan
Municipal Center. Present were Mayor Geagan and Councilmembers Carlson, Fields, Tilley and Maguire. Also
present were City Administrator Tom Hedges, Senior Planner Mike Ridley, City Engineer Russ Matthys, City
Attorney Mike Dougherty and Administrative Secretary/Deputy Clerk Mira McGarvey.
AGENDA
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda.
Aye: 5 Nay: 0
CONSENT AGENDA
Items G, I and P were pulled from the Consent Agenda for discussion. Item N was moved to Old
Business.
A. Minutes . It was recommended to approve the minutes of the April 1, 2003 regular City Council meeting,
the April 1, 2003 Listening Session and the March 25, 2003 City Council workshop as presented.
B. Personnel Items.
1. It was recommended to approve the hiring of Jessica Kropelnicki as the Fitness Coordinator at the
Community Center.
2. It was recommended to approve the hiring of Mike Kabakov, Luanne Nygaard, Southivanh Pradichith,
Meagan Whitacre and Andrea Selby as pan-time building attendants at the Community Center.
3. It was recommended to approve the hiring of Deb Buntjer as a seasonal program assistant.
4. It was recommended to approve the hiring of Abby Korte as a seasonal water resources assistant.
5. It was recommended to approve the hiring of Erik Johnson, Andrea Carlyon and Jeremy Frost as 2003
seasonal park maintenance workers.
6. It was recommended to approve the hiring of Leah Johnson, Kristen Hazel, Ashley Germond, Sarah
Luke, Chesser Teich, Mark Bresher, David Lostetter, Emily Garner, Josh Keeler, William Meiklejohn,
Maria Melcher, Mike Dunn and Breeyon Behren as Cascade Bay seasonal staff for 2003.
7. It .vas recommended to accept the letter of resignation from Barb 1'ackel, Skating School Coordinator.
8. It was recommended to approve the appointment of Patrick Diloia as Night Battalion Chief for the City
of Eagan Volunteer Fire Deparmient.
9. It was recommended to approve the indefinite reassignment of Clerical Technician II Kathi Kamm from
the Finance Department to Clerical Technician III in the Parks and Recreation Department.
C. Check Registers. It was recommended to ratify the check registers dated April 3, 2003 and April 10, 2003
as presented.
D. 2003 Minnesota State Building_and Fire Codes. It was reconunended to approve an Ordinance Amendment
regarding Building Code Adoption.
E. Final Subdivision. It was recommended to approve a Final Subdivision (Thorpe Woodland Gardens 2"d 03-23
Addition) to create five lots on approximately 3.8 acres located at 3460 Wescott Woodlands in the NE '/4 of
Section 14.
F. Temporary.Liquor License. It was recommended to approve a temporary on-sale liquor license for the
Eagan Foundation and waive the $150.00 license fee.
G. Temporary Malt Liquor License. Pulled for Discussion.
H. Municipal State Aid Route Desi nag lion. It was recommended to approve a resolution requesting the 03-24
Minnesota Cotrunissioner of Transportation's approval of the designation of various exiting street segments
on to the Municipal State Aid (MSA) roadway system.
I. Cooperative Aereement/Fundine. Pulled for discussion. U3-25
J. Contract 03-01. It was recommended to approve the resolution requesting a Limited Use Pernvt from the
Minnesota Department of Transportation (MnDot) for the construction of a sidewalk for Contract 03-01 03-26
(To„m Centre Area -Street & Access Management Improvements) and authorize the Mayor and City Clerk
to execute all related documents.
Eagan City Council Meeting Minutes
April 15, 2003
Page 2
RAFT
K. Project 884. It was recommended to receive the Draft Feasibility Report for Project 884 (Borchert Lane -
Street 8~ Utility Improvements) and schedule a public hearing to be held on May 20, 2003.
L. Arbor Day. It was reconunended to acknowledge Eagan as the recipient of the 2002 Tree City USA award
from the National Arbor Day Foundation, and approve the Arbor Day Resolution setting Saturday, May 3 as
Arbor Day and May, 2003 as Arbor Month in the City of Eagan.
M. Project 8-11-B. It was recommended to accept project and approve the final pay request of Ebert
Construction for project #8-11-B, Central park Pavilion and Wellhouse #20.
N. Findings of Fact. Moved to Old Business.
O. Findings of Fact. It was recommended to confirm the Findings of Fact, Conclusions and Resolution of
Denial of a request for a Planned Development Amendment to modify the signage plan for property located
at 2020 Cliff Road in the NE '/< of Section 31.
P. Resolution Supporting Armed Forces. Pulled for Discussion.
Q. 2003 Commercial Fertilizer Licenses. It was recommended to approve 2003 Commercial Fertilizer
Applicator Licenses for: B&D Lawn and Tree Care, 5203 54`'' Avenue North, Crystal, MN; Guaranteed
Spray, Inc., 9919 Valley View Road, Eden Prairie, MN; and S & S Tree Specialist, 405 Hardman Avenue,
South St. Paul, MN.
R. 2003 Tree Maintenance Licenses. It was recommended to approve 2003 Tree Maintenance Contractor
Licenses for Shorewood Tree Service, 14015 County road 122, Watertown, MN; and S & S Tree and
Horticultural Specialists, 405 Hardman Avenue, St. Paul, MI`.
S. Pulled from a eg nda prior to meeting.
T. Winter Trail Maintenance Program. It was reconunended to approve the Winter Trai] Maintenance
Program for 2003-2004 and an amendment to the related policy.
U. Dasher Board Surface. It was recommended to authorize the replacement of the dasher board surface in the
West Rink at the Civic Arena.
V. Purchase Offer. It was recommended to approve a revised purchase offer for the City-owned property at
4185 Strawberry Lane.
W. JP-47.2 Alum Settling Basin. It was recommended to authorize the use of eminent domain to acquire
sufficient land to create JP-47.2
X. Communications Committee Minutes and Plan. It was recommended to recognize and acknowledge
Communications Committee work and adopt 2003 Conununications plan.
Y. Airport Relations Comnussion Goals. It was recommended to approve the 2003 Goals of the Aitport
Relations Commission.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the balance of the Consent
Agenda. Aye: 5 Nay: 0
G. Temporary Malt Liquor License. Councilmember Maguire recommended and Councilmembers concurred
this item be continued to allow time for discussion regarding policy issues to be discussed at a Special City
Council meeting with the CAPE group on May 13, 2003..
Councilmember Maguire moved, Councilmember Fields seconded a motion to continue consideration of a
temporary on-sale Beer License for Eagan Lions Club for the 4`~ of July Celebration (July 2-5, 2003) to
May 20, 2003.
I. Project 871, TH 149~'Wescott Road Cooperative Agreement Resolution. Councilmember Maguire
expressed his disappointment in the funding priority system that allows public safety to be addressed in one
area but then compromises the ability for funding in another. He specifically discussed the potential danger
at the intersection of Highway 149 and Chapel Lane. Councilmembers agreed that the area of Highway
149 from Yankee Doodle to Highway 55 should be reviewed.
Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the resolution
requesting funding from the Minnesota Department of Transportation through a Cooperative Agreement for
Project 871 (Trunk Highway 149 & Wescott Road -Traffic Signal Improvements) and authorize the Mayor
and City Clerk to execute all related documents. Aye: 5 Nay: 0
03-27
03-28
03-29
Eagan City Council Meeting Minutes oR
April 15, 2003 ~ [~
Page 3 /`
P. Resolution in Support of Those Serving in the United States Arn7ed Forces. Mayor Geagan introduced
Tom Mullon of the Eagan American Legion who discussed a program supporting fanulies of members
of the armed forces.
Mayor Geagan moved, Councilmember Tilley seconded a motion to adopt a Resolution in Support of
Those Serving in the United States Armed Forces. Aye: 5 Nay: 0
PUBLIC HEARINGS
SIGN VARIANCE -NORTHERN POWER PRODUCTS
2859 LEXINGTON AVENUE SOUTH
City Administrator Hedges introduced this item regarding a request for a variance allowing two additional
product name signs for one tenant of amulti-tenant building located at 2859 Lexington Avenue South. Senior
Planner Ridley gave a staff report.
Roger Lervick, President of Northern Power Products, discussed the variance request.
Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing
and turned discussion back to the Council.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Variance allowing
t~vo additional product name signs for one tenant of amulti-tenant building located at 2859 Lexington Avenue South
in a Business Park zoning district in the SE '/4 of Section 03. Aye: 5 Nay: 0
PROJECT 806R, KENNERICK ADDITION (POND HDP-1)
STORM SEWER IMPROVEMENTS
City Administrator Hedges introduced this item regarding storm sewer improvements for Kennerick
Addition, Pond HDP-1 -Trunk Stotm Sewer Outlet. Kevin Kimmes of Bonestroo, Rosene, Anderlik and Associates
made a presentation.
Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing
and turned discussion back to the Council.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to cancel Project 806 and
approve Project 806R, Option 1, and authorize the preparation of a contract that maybe let within 2 years after said
approval. Aye: 5 Nay:O
KOHL'S DEPARTMENT STORE (LOT 1, BLOCK 1, TOWN CENTRE 70 15T" ADDITION)
EASEMENT VACATION
City Administrator Hedges introduced this item regarding a request to vacate a public easement within Lot
1, Block 1 Town Centre 70 Addition (Kohl's). He suggested the item be continued to the May 6, 2003 Council
meeting due to the replacement easement documents prepared for signatures by the property owner has not yet been
signed.
Councilmember Maguire moved, Councilmember Carlson seconded a motion to open the public hearing,
close the public hearing and continue the matter to the May 6, 2003 Council meeting. Aye: 5 Nay: 0
S
Eagan City Council Meeting Minutes D ^
April 15, 2003 /q F T
Page 4
OLD BUSINESS
BEAUTIFUL SAVIOR LUTHERN CHURCH -INTERIM USE PERMIT
Item N of the Consent Agenda, Findings of Fact for Denial jor apt Interim Use Permit -Beautiful Savior
Lutheran Church.
City Administrator Hedges discussed the request by Beautiful Savior Lutheran Church of an interim use
permit to allow temporary outdoor storage of recreational vehicles in their parking lot located at 4150 Pilot Knob
Road. Councilmembers discussed letters and comments received from the neighborhood in support of the interim
use permit since April 15t. It was noted that this project is a unique community serviceeffort to be conducted by
volunteers.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve an Interim Use Permit
for Beautiful Savior Lutheran Church to allow outdoor storage of recreational vehicles in the parking lot located at
4150 Pilot Knob Road subject to the following conditions: Aye: 5 Nay: 0
1. This Interim Use Pemut shall allow outdoor storage of up to 12 recreational vehicles.
2. The Interim Use Permit shall terminate on September 15, 2003 (6 months).
3. The RV storage shall occur in the parking lot area closest to the west and south sides of the
existing church. Church shall work with Planning staff regarding feasibility of parking
against berm until parking lot is expanded.
4. The interim use permit shall be subject to administrative review. The purpose of such revie«
shall be to determine that the conditions of the pernut 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 al] interested parties
being given an opportunity to be heard.
5. Water, sewer and electrical connections must be approved the City prior to connections.
6. The church shall provide an on-site parking plan illustrating how parking needs will be
addressed on-site during construction.
7. The interim use permit shall be recorded at Dakota County prior to issuance of any building
permit or outdoor storage occurring.
8. No children shall be allowed on the site of the RV storage.
9. No bon fires shall be allowed on the property.
MODIFICATION TO A VARIANCE CONDITION FOR 1948/1944 SAFARI TRAIL
ROBERT MUELLER
City Administrator Hedges introduced this item regarding a request for modification to a condition of a
variance at 1944 Safari Trail Lots 13 & 14, Block 1, Safari Estates which was approved June 18, 2002. Senior
Planner Ridley discussed the applicant's request to allow water and sewer to be installed in the accessory structure.
Robert Mueller, applicant, discussed his request to allow water and sewer, explaining he only wishes to
install a laundry tub and have the ability to wash his vehicles in his garage. Councilmembers discussed the request
and agreed the original conditions to the variance be upheld.
Councilmember Geagan moved, Councilmember Carlson seconded a motion to direct findings of fact for
denial of a modification to variance condition 7 for a garage variance at 1944 Safari Trail, to allow water and sewer.
Aye: 5 Nay: 0
CONTRACT 03-11, KENNERICK ADDITION (POND HDP-1 -TRUNK STORM SEWER OUTLET)
City Administrator Hedges introduced this item regarding installation of a storm sewer outlet and pond
improvements for Pond HDP-1 on the north side of Lone Oak Road, west of Pilot Knob Road. City Engineer Russ
Matthys gave a staff report.
6
Eagan City Council Meeting Minutes OR
April 1 S, 2003 ~ ~ r
Page 5
Councilmember Tilley moved, Councilmember Carlson seconded a motion to receive the bids for Contract
03-11 (Kennerick Addition, Pond HDP-1 -Trunk Storm Sewer Outlet) and award the contract to Friedges
Contracting Co. for the base bid with alternate #7 in the amount of $274,268.65 and authorize the Mayor and City
Clerk to execute all related documents. Aye: 5 Nay: 0
NEW BUSINESS
CONDITIONAL USE PERMIT AA7[ENDMENT - LEX PROPERTIES
City Administrator Hedges introduced this item regarding a request for an amendment to a conditional use
permit to allow for an increase in the outdoor storage of non business related items at 2905 Lexington Avenue.
Senior Planner Ridley gave a staff report.
Mike Gresser, applicant, discussed his request for an additional 24 items to be included in a conditional use
permit to allow outdoor storage.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional Use
Permit Amendment to allow for an increase in the outdoor storage of non business related items at 2905 Lexington
Avenue; subject to the following conditions: Aye: 5 Nay: 0
The outdoor storage area for non-business related items shall be located as shown on the revised plans
dated September 25, 2002.
The seven-foot electric gate shall be installed prior to any storage in the designated area.
The outdoor storage area is subject to all other City Codes applicable to outdoor storage.
Total number of items to be stored shall not exceed fifty four (S4)
Items to be stored include only construction equipment and recreational vehicles.
PLANNED DEVELOPMENT AMENDMENT -CORNERSTONE SELF STORAGE
Ciry Administrator Hedges stated the applicant had requested this issue be continued to a future meeting.
Councilmember Tilley moved, Councilmember seconded a motion to continue consideration of a Planned
Development Amendment for Cornerstone Self Storage to June 3, 2003. Aye: S Nay: 0
LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE
Councilmember Tilley moved, Councilmember Maguire seconded a motion to appoint Councilmember
Fields as a representative to the Minneapolis-St. Paul Noise Oversight Committee and Assistant to the City
Administrator Dianne Lord as alternate, per the recommendation of the Airport Relations Commission.
Aye: 5 Nay:O
ADMINISTRATIVE AGENDA
City Administrator Hedges discussed a Grant Agreement for a shoreline restoration project at LeMay Lake.
Councilmember Carlson moved, Councilmember Maguire seconded a motion to authorize the Mayor and
City Clerk to execute contract for Minnesota Department of Natural Resources shoreland habitat improvement
project at Moonshine Park. Aye: S Nay: 0
Councilmember Fields expressed concern regarding a vendor conducting business at the corner of Highway
3 and Diffley Road in Inver Grove Heights. Staff was directed to write a letter to the City of Inver Grove Heights
regarding safety issues concerning this vendor.
Eagan City Council Meeting Minutes
April 1 S, 2003
Page 6
There were no visitors who wished to be heard.
VISITORS TO BE HE,~RD
ADJOURNI`1ENT
~RAFr
Councilmember moved, Councilmember seconded a motion to adjourn the meeting at 8:05 p.m. and went
into Executive Session to discuss Police Dispatch bargaininP.
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, MIv 55122, (651) 675-5000, (TDD phone: (651) 454-8535).
The City of Eagan is conunitted 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.
D/~
S '~ FT
DR ~~
MINUTES OF A LISTENING SESSION
OF THE EAGAN CITY COUNCIL
APRIL 15, 2003
6:00 P.M.
The Eagan City Council held a Listening Session on April 15, 2003 at 6:00 p.m.
In attendance were Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire.
Representatives of the Eagan Teen Advisory Board were present to discuss the
Teen Center at the new Community Center. Mayor Geagan and Councilmembers
discussed the following with the group.
• Grand opening
• Scheduling of teen programming
• Use of the Teen Center by other groups
• Plans for furnishings (i.e. pool tables, TV, couches, etc.)
• Survey of teens in Eagan (possibly linked to the City's web site)
The Listening Session adjourned at 6:30 p.m.
Respectfully submitted,
Mira McGarvey
Administrative Secretary /Deputy City Clerk
9
D,p
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MINUTES OF A SPECIAL CITY COUNCIL RETREAT
APRIL 22, 2003
5 P.M.
MOONSHINE PARK RETREAT CENTER
A Special City Council retreat was held on Tuesday, April 22, 2003 at 5:00 p.m. at Moonshine
Park Retreat Center. Those present at the meeting were: Mayor Geagan, Councilmembers
Carlson, Fields, Tilley, and Maguire, as well as City Administrator Hedges, Assistant to the City
Administrator Lord, Police Chief Therkelsen, Fire Chief Jensen, Administrative Services
Director VanOverbeke, Public Works Director Colbert, Communications Director Garrison,
Assistant City Administrator/HR Director Duffy, dnd Parks and Recreation Director Vraa.
Facilitator Bill Lindberg was also present.
ROLL CALL AND AGENDA ADOPTION
Motion carried to approve the agenda as presented.
REVIEW OF 2003-2004 GOALS
The City Council and Senior Management Team discussed the City Council's 2003-2004 Goals,
noting the action steps the Council would like to see associated with the goals. Facilitator Bill
Lindberg led the evening's discussions.
OTHER BUSINESS
There ~~~as no other business to be discussed.
The meeting adjourned at 9 P.M.
Date
ADJOURNMENT
City Clerk
If you need these minutes in an alternative form such as large print, Braille, audio tapes, etc., please contact the City of Eagan,
3830 Pilot Knob Road, Eagan, MN 55]22, 651-675-5001, (TDD phone: 651-675-8535).
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.
/D
~RgFT
MINUTES OF A
JOINT SPECIAL CITY COUNCIL WORKSHOP,
ADVISORY PLANNING AND ECONOMIC DEVELOPMENT COMMISSIONS
April 29, 2003
6:00 P.M.
EAGA'~' CITY HALL COMMUNITY ROOM
A special City Council meeting was held on Tuesday, Apri129, 2003 at 6:00 p.m. at the Eagan
Municipal Center. The purpose of the workshop was to hold a joint meeting with the City
Council along with their Advisory Planning Commission and Economic Development
Commission.
Those present at the meeting were Mayor Geagan, Councilmembers Carlson, Fields, Tilley and
Maguire, as well as City Administrator Hedges, Assistant to the City Administrator Lord,
Director of Administrative Services VanOverbeke, Senior Planner Ridley and Planner Sheila
O'Brien. Member of the APC present: Ron Miller, Paul Leeder, Gary Huusko, Ted Gladhill,
Greg Steininger, Gary Hansen. Member of the EDC present: Wayne Gilbert, Nadim Zoberi,
Patricia Todd, Maggie Jensen, Jean Cheskis, Miguel Montesinos, Raza Hasan, Wayne Gilbert and
Lee Ashfeld.
ROLL CALL AND AGENDA
The Mayor called the meeting to order. Councilmember Tilley moved; Councilmember
Maguire seconded a motion to adopt the agenda as presented. Aye: 3 Nay: 0 (Councilmembers
Carlson and Fields were not present)
VISITORS TO BE HEARD
There were no visitors to be heard.
JOINT MEETING OF THE CITY COUNCIL AND ADVISORY PLANNING COMMISSION
City Administrator Hedges opened the discussion noting that the meeting would be an
opportunity for the City Council and APC to discuss the Council's goals and dialogue about the
APC's role and initiatives. Mayor Geagan thanked members of the APC for attending. The APC
members and City Council discussed the role of the APC and the projects associated with the
2003/2004 Council goals. Councilmember Carlson noted that the APC's agendas are often
predetermined due to the development schedule. However, the Council added that as the City
reaches build-out, future APC projects and initiatives would be considered.
The APC members introduced themselves and discussed their individual visions for the
community. Areas of interest proposed by APC members included: 1.) Explore Cedar Grove
Redevelopment Area to get a true plan in place; 2.) Explore redevelopment of TH55/149; 3.) Explore
Met Council initiatives; and 4) Be mindful ofnon-traditional uses of land in Eagan.
//
Special City Council Meeting Minutes O~
April 29, 2003 ~ ~~
Page 2
Councilmember Tilley voiced her hope that the APC would continue to explore the
opportunity of a transit hub in the Cedar Grove Redevelopment Area. Councilmember Maguire
addressed Goal No. 2 and his hope to keep Eagan economically viable to ensure that no
disinvestment takes place in the community. Mayor Geagan asked that staff look at the current
housing stock in Eagan and prepare a study to be brought back to the City Council.
Sighting Council Goal No. 5, the Council suggested that the APC explore an ordinance
regarding outdoor storage. The Council and APC also discussed the area of TH55/149. It was
recommended that the APC look at how best to proceed in the TH55/149 TIF District, specifically
along the Highway 55 frontage road.
CEDAR GROVE REDEVELOPMENT DISCUSS WITH THE ADVISORY PLA'T'ING
COMMISSIOIS AND ECONOMIC DEVELOPMENT COMMISSION
The EDC members introduced themselves to the City Council. City Administrator Hedges
introduced the purpose of this portion of the meeting as an opportunity to dialogue about the Cedar
Grove Redevelopment Area. City Administrator Hedges also discussed the history of Cedar Grove.
Jim Prosser, of Ehlers and Associates, was introduced. Prosser opened the presentation by noting
that redevelopment is always a challenge. The Council and Commission did an analysis of the
strengths, weaknesses, opportunities, and threats (SWOT) associated with the Cedar Grove
Redevelopment Area.
The following are the comments of the members of the City Council, APC, and EDC during the
SWOT analysis:
Strengths
1.) Location
2.) Local government support (political will)
3.) Visibility /access
4.) Four miles from Mall of America
~.) Six miles to the MSP Airport
6.) Connected
7. j Gateway to Eagan
8.) Service by major transportation structure
9.) Commuter volume
10.) Initiatives already taken -cleaning property, roadway improvements and the start of some
development projects
11.) Plan in place
12.) Neighborhoods / stakeholder buy-in
13.) Historical value
14.) Ample parking available
15.) Opportunity
l6.) Strong !established base
17.) No concentrated retail
18.) Potential for transportation hub
19.) Net gain
20.) Serves multiple areas
is
Special City Council Meeting Minutes
April 29, 2003
Page 3
Weaknesses
°RaFr
1.) Economy
2.) Location
• Access (particularly north-south commuters)
3.) Airport restrictions /noise
4.) Not visible from Cedar Avenue
5.) Area looks "tired"
6.) Major structure in the middle of the development area (Cedarvale Shopping Center)
7.) Lack of retail
8.) Odd mix of current uses
9.) Traffic capacity
10.) Cost of land assembly
11.) Potential for piecemeal development
12.) Current negative perception
13.) Timing
14.) Proximity to Mall of America
15.) Retail use was not supported in the past
16.) .Distance from Town Centre
Opportunities
1.) Unique /newness (to attract Mall of America users)
2.) Large business driver, (i.e., corporate headquarters)
3.) Transit hub
4.) Destination anchor (i.e., electronics)
5.) Other successes to model
6.) Full-service hotels /banquet facility
7.) Mixed use -business/housing
8.) Partnerships
9.) Marketability (via Mall of America)
10.) Create unified vision
11.) Anew plan
12.) Pedestrian focused retail
13.) Land value/tax base
14.) Competitive positioning
15.) Non-traditional use for a suburb
ThrPatc
1.) Big box
2.) Economy
3.) Lack of political will
4.) Competition
/.~
Special City Council Meeting Minutes
April 29, 2003
Page 4 D
5.) Existing structures ~ A F T
6.) cost
7.) Next stage plan
8.) Declining airport passenger numbers
9.) Hodgepodge development -lack of land control
10.) Relaxing standards (compromised vision)
11.) Timing
12.) Lack of cooperation
13.) Overvaluation of property
14.) Limited funding
15.) Lack of demand
16.) Risk to developers
17.) Financial feasibility
18.) Traffic congestion
19.) Shift in market since vision was created
20.) Outside agencies have not bought in (state, federal, etc.)
Strategies
1.) Working with outside agencies to adjust strategies re: traffic designs
2.) 50`h /France -main street concept
3.) Focus on housing with business support
4.) Specialty neighborhood -destination use
5.) Magnet store (electronics)
6.) Identify !resolve major barriers, i.e., traffic
7.) South metro gap analysis -restaurants, destination shops
8.) Traffic hub -bus, light-rail, etc.
9.) Housing stock -potential senior housing
10.) More promotion of area - signage
1 l.) Approach corporation to move to the area
12.) Heart of the City model (identify Bunisville's model and strategy)
13.) A realistic plan -various/diverse residential may need to be the focus (risk
analysis/feasibility of uses)
14.) Communications Plan -does the development community and citizens understand the
plans for the area?
15.) Have we enlisted the right broker to attract developers
16.) Explore tourism -capitalize on the Mall of America, i.e., major hotel (in particular due to
razing of hotels due to new runway)
17.) Explore advertising the area at the airport to attract developers/corporations
18.) A unified strategy -determine commitment of City and property owners
19.) Mixed use -residents become customers
20.) Self-sustainable development -balance of uses (enough residential /high density to keep
businesses prosperous)
21.) Cleaning up /beautifying the area to draw in residents businesses (amenities will give the
area identity)
/5~
Special City Council Meeting Minutes D D w
April 29, 2003 ~T /y T
Page 5
22.) Examine limitations
23.) Keep vision -don't keep changing plans
24.) Data -how much more can the City invest given the economic condition
Jim Prosser thanked the Council and Commissions, and noted that the next step is to
gather and analyze the information, and then decide on a strategy to reach a common vision,
taking into account both a short term plan and long term plan.
The City Council directed that the presentation of the Village Plan, which vas prepared
by SRF Consulting, be shown to both Mayor Geagan and Councilmember Maguire, as well as
the members of the APC and EDC, so that they have better understanding of the history, land
uses, architectural standards, streetscaping plan and traffic study for the Cedar Grove Area.
The Council and Commissions discussed the TIF requirements for Cedar Grove Area and
costs associated with Project 800. Prosser noted that both the Keystone senior housing
development and Delta Development will provide increment to the area. Mayor Geagan thanked
both Commissions for the discussion and thanked staff for the work in compiling the Cedar
Grove history.
JOINT MEETING OF THE CITY COUNCIL AND ECONOMIC
DEVELOPMENT COMMISSION
City Administrator Hedges introduced the discussion as an opportunity for the EDC to
discuss Council goals and EDC initiatives. EDC Chair Lee Ashfeld introduced members of the
EDC and noted that tlu-ee committees exist within the EDC: Finance and Development, Image
and Public Relations, and Transportation. Mayor Geagan thanked the EDC for their work and
noted his hope that the EDC's direction will become clearer when the new Community
Development Director is hired. Geagan also added that he would like to see the EDC explore
development in the Highway 55/149 area.
The Council discussed attracting more restaurants and sporting good stores to Eagan and directed
that the EDC identify land use strategies to determine the economic development needs of the
community. The Council also directed that the EDC be added to the distribution list of the
Dakota Electric Association's Partners in Progress Report, as well as the distribution list for the
Mayor's Breakfast. EDC member Wayne Gilbert agreed to look into the EDC membership on
the ECVB Board as well as the Chamber of Commerce Board.
The Council discussed the focus of the EDC and suggested that they look out 20 years to
do a market study of the Twin Cities to determine what niche Eagan could serve. The Council
also noted that per previous discussions, Eagan does have excellent restaurants; however,
Councilmember Fields noted that we could use more variety.
The Council discussed the opportunity of the EDC serving as the Economic Development
Authority (EDA). The Council directed that staff prepare a draft agreement designating the EDC
as the EDA, and also prepare a report showing the potential outcomes of the decision and the
process to be taken.
/s
Special City Council Meeting Minutes
April 29, 2003
Page 6
CRAFT
The EDC voiced their desire for greater interaction between the Commission and the
Eagan business community. Members of the EDC suggested that the Commission invite
businesses and restaurants to Commission meetings to learn more about the City of Eagan.
OTHER BUSINESS
City Administrator Hedges, per the request of Mayor Geagan, distributed a memo
discussing the 2004/2005 budget process. The Council discussed the upcoming budget process,
including the timeline, potential reductions to be made, and City Council involvement. City
Administrator Hedges presented a summary of the budget memo, and noted that he shared the
memo and Council directives with the Department Directors. Mayor Geagan recommended that
the Council look at the totality of the budget and noted that staff will need time to prepare the
draft budget and options for the City Council's consideration. The Council requested that staff
provide them with a definitive schedule of the budget process. Director of Administrative
Services VanOverbeke also mentioned that revenue is equally important to the budget process
and, therefore, the City will need to be patient as we wait for the outcome of the State
Legislature. City Administrator Hedges noted that the budget process is starting earlier than
usual as staff is prepared for a worst case scenario of Eagan loosing up to $1.3 million in state
aid in both 2004 and 2005.
Councilmember Carlson requested that through the budget process, each department
provide a report showing the amount of grant funding they receive in a given year. The City
Council discussed implementing a hiring freeze in Eagan, with the exception of hiring a
Community Development Director, Police Sergeant, and seasonal staff. The Council directed
staff to prepare a list of what jobs are currently vacant and scheduled to be filled in the near
future. The Council directed that a hiring freeze be included on an upcoming City Council
agenda. The Council also added that given the economic conditions, no beautification efforts of
the City should be taking place at this time with the exception of streetscaping initiatives. City
Administrator Hedges thanked the Council for their input on the budget.
ADJOURNMENT
The meeting adjourned at 9:45 p.m.
Date
City Clerk
If you need these minutes in an alternative form such as large print, Braille, audio tapes, etc., please contact the City of Eagan,
3830 Pilot Knob Road, Eagan, MN 55122, 651-675-5001, (TDD phone: 651-675-8535).
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.
/6
Agenda Information Memo
May 6, 2003 Eagan City Council Meeting
B. PERSONNEL ITEMS
Item 1. Sergeant/Police--
ACTION TO BE CONSIDERED:
To approve the promotion of Duane Pike from a Patrol Officer to a Sergeant in the Police
Department.
Item 2. Part-time Building Attendant/Community Center--
ACTION TO BE CONSIDERED:
To approve the hiring of Erik Didrikson as a part-time building attendant at the Community
Center.
Item 3. Part-time Seasonal Concessions Workers--
ACTION TO BE CONSIDERED:
To approve the hiring of Alyxandria Barber, Christopher Buntjer, Melissa Buntjer, Meghan
Chappuis, Erik Johnsen, Gabrielle Johnson, Tori Julian, Nick Landauer, Christie Mason, Rachel
Nygaard, Alexander Phillips, Conor Pierce, Erin Severson, Lindsay Severson, Jessica Sjoberg,
Amber Stevenson, Kevin Stevenson, Joe Wavrunek and Julie Wavrunek as part-time seasonal
concessions workers.
Item 4. 2003 Cascade Ba}~ Seasonal Staff-
ACTION TO BE CONSIDERED:
To approve the hiring of Ashley Weninger, Kelly Schaffer, Sarah Mott, Shana Secory, Ben
Ewald, Matthew Abramson, Lauren Hoefle, Jeremy Hansen, Betsy O'Connells, Kari Schaumaml,
Peter Meyer, Nicole Litzner, Josh Beasley, Jennifer Berkopec, Brooke Peterson, Ryan Ruzicka,
Megan Menning, Caren Honigsfeld, Kabikov Mikhail, Amanda Barse, Lauren Michelsen,
Stephen Byrnes, Matt Johnson and Winta Yacob as Cascade Bay seasonal staff for 2003.
Item 5. TSP Revision/Code Enforcement Technician
ACTION TO BE CONSIDERED:
To approve a Time Spent Profile (TSP) point revision from non-exempt range G to non-exempt
range H for the Code Enforcement Technician position of Mary Granley.
!7
Agenda Inforn~ation Memo
May 6, 2003 Eagan City Council Meeting
Item 6. TSP Revision/Administration Clerical Technician
ACTION TO BE CONSIDERED:
To approve a Time Spent Profile (TSP) point revision from non-exempt range D to non-exempt
range E for the Administration Clerical Technician position of Mary Swenson.
/ ~"
Agenda Information Memo
May 6, 2003 Eagan City Council Meeting
C. CERTIFICATION OF DELINQUENT WEED CUTTING BILLS
ACTION TO BE CONSIDERED:
To close the public hearing and approve the final assessment roll for delinquent weed
cutting bills and authorize its certification to Dakota County.
FACTS:
• The City Code allows for collection through certification of delinquent weed cutting
bills, which are not paid.
• At the April ]City Council meeting, a public hearing was scheduled for the May 6,
2003 City Council meeting.
• A 10% penalty and a $25 certification fee are added to all outstanding delinquent
bills.
• The City currently has two delinquent weed cutting bills. The assessable amount of
these bills is $337.88. These items are in order for certification to the County.
• All notices have been published in the legal newspaper and sent to all affected
property owners informing them of this hearing and their proposed assessments.
ATTACHMENTS:
• Proposed assessment roll, page
/9
Delinquent Weed Cutting Bills
Pro er ID Outstandin Dollar Amount
10-13520-010-01 $168.94
10-16700-190-10 $168.94
$337.88
~D
AGENDA MEMO
MAY 6, 2003
CONSENT AGENDA:
D. APPROVE 2003 HAULER LICENSES (CONSTRUCTION/DEMOLITION
DEBRIS).
ACTION FOR CONSIDERATION:
Approve 2003 Hauler License (Construction/Demolition Debris) for Haugen's
Haulers and Dan's Container Service.
FACTS:
• These licenses were applied for in December, 2002 and the fees paid.
• There was a discrepancy in the dates of the companies insurance coverage, thus
postponing approval of their 2003 licenses.
• A current certificate of insurance has been submitted for each company and staff
deems the applications in order for approval.
ATTACHMENTS:
• A copy of the applications are attached without page number.
a~
AGENDA MEMO
MAY 6, 2003
CONSENT AGENDA:
E. APPROVE 2003 HAULER LICENSES (COMMERCIAL/MULTIPLE
DWELLING)
ACTION FOR CONSIDERATION:
Approve 2003 Hauler License (Commercial /Multiple Dwelling) for Highland
Sanitation and Recycling, Inc.
FACTS:
• This license was applied for in December, 2002 and the fee paid.
• The vehicle identification numbers for two trucks had not been included with the
application
• The vehicle identification numbers have now been submitted and staff deems the
application in order for approval.
ATTACHMENTS:
• A copy of the application is attached without page number.
as
AGENDA MEMO
MAY 6, 2003
CONSENT AGENDA
F. 2003 TOBACCO LICENSE - L.T. TOBACCO AND VARIETY
STORE
ACTION TO BE CONSIDERED
Approve 2003 Tobacco License for L.T. Tobacco and Variety Store, 1270 Town Center
Drive.
FACTS:
• All requirements for licensing have been met and staff deems the application in
order for approval.
ATTACHMENT:
A copy of the application is attached without pale number.
a3
Agenda Information Memo
May 6, 2003, Eagan City Council Meeting
G. APPROVE $1.200 CONTRIBUTION TO THE CAPONI ART PARK
TO SUPPORT 2003 SUMMER CULTURAL AND ARTISTIC
PERFORMANCES AND PROGRAMS
ACTION TO BE CONSIDERED:
• To approve a $1,200 contribution to the Caponi Art Park to support 2003
Summer Cultural and Artistic Performances and Programs
FACTS:
• The Caponi's expressed to the City Council and the Advisory Parks and
Recreation Commission at the Special City Council meeting on March 25, 2003
that the greatest impediment to operating the Caponi Art Park and Learning
Center programs this summer is the cost of the necessary insurance.
• At that meeting the City expressed a desire that the programs and activities
scheduled for the Caponi Art Park and Learning Center be conducted again this
summer, even though long-term ownership and operational issues cannot
realistically be solved in that time frame.
• Staff has explored a number of options that might be feasible to solve this problem
and the most direct, timely, and efficient answer is to provide a contribution to the
Caponi Art Park and Learning Center in the approximate amount of the insurance
cost.
• Although not specifically budgeted, it is recommended that the money be
transferred from the Parks and Recreation Department budget with a subsequent
budget adjustment later in the year as appropriate.
• City Attorney Dougherty has advised that any continuation of this type of
contribution beyond this one year should be accompanied by a written policy
outlining the circumstances and the parameters by which a contribution would be
made.
ATTACHMENTS:
• Enclosed on page ~ is a copy of a response from City Attorney Dougherty
to the question of whether or not the City has the authority to make this type of
contribution.
• Enclosed on page ~ is a copy of the Caponi Art Pazk and Learning Center
2003 Schedule as provided to the City by the Caponi's.
a~
r,rii.~4'2Uv3 13:59 952 432 3780 SE`/ERSON SHELDON DOUGHERTY #746C P.CC2iCC2
SEVERSON, SHELDON, DOUGxERTY
& MOLIENDA, P.A.
TO' Gene VanOverbeke, Director of Administrative Services
FROM: Michael G. Dougherty, City Attorney
DATE: Apri124, 2003
RED Caponi Art Park Insurance
You have asked for our opinion with respect to whether the City of Eagan may make a payment
to the Caponi Art Park, anon-profit corporation, so that it could buy the necessary insurance to
operate its summer programs. The answer is yes; the City may authorize such a payment.
From the material you provided to me, it appears that the Caponi Art Park and Learning Lerner
will host a number of cultural and artistic type performances and programs throughout the
summer. To the extent that the City's cvntributivn to the Caponi Art Park non-profit
organization would allow these types of activities to occur, the payment would be supported by
state statute. Minnesota Statute §471..941 allows a statutory city to appropriate money to support
artistic organizations. The provision dunes "artistic organization" as a corporation that provides
an oppoRunity for persons to participate in the creation, performance or appreciation of artistic
activities including but not limited to: music, dance, drama, folk art, architecture,. painting,
sculpture, photography, gaphic and craft arts, wstume and fashion design, motion pictures,
television, radio, tape and sound records, and the study of the arts and their application to the
human environment. It is our opinion that under this provision, the City of Eagan may
appropriate funds to the Caponi Art Park, non-profit corporation, to assist in the payment of its
insurance so as to be able to conduct the type of activities presented in their 2003 schedule.
If you have any questions, please do not hesitate to be in contact me.
MGD/jlt
as
Caponi Art Park and Learning Center
2003 Schedule
Open Dates: May 1-October 31, 2003
Park Hours: Tuesday -Sunday
9:00 am - 7:00 pm or dusk if, earlier
Date Activity Time Attendance
Tuesday at the Art Park 10:00 am
June 17 Storytelling -Danielle Daniel 90 min. 75
July 1 Latin American Music -Leo Lara 90 min. 75
July 15 Puppetry - Jetpack Shadow Theater 90 min. 75
July 29 Interactive music -Musical Safari 90 min. 75
Aug. 12 Dance -Nimely Pan African Dance Co. 90 min. 75
Children's Classes 10:00 -noon
Art Trek for Teens 1- 3:00 pm
June 24 Sculpture -Ilene Krug Mojsilov 2 @ 2 hrs 40
July 8 Visual Art- Marie Olafsdotter 2 @ 2 hrs 40
July 22 Shakespeare Theater -Doug Sholz-Carlson 2 @ 2 hrs 40
Aug. 5 Dance -Janet Skidmore 2 @ 2 hrs 40
Summer Performance Series Schedule:
June 15 Dare To Breathe 7:00 pm 350
July 6 Minnesota Sinfonia 7:30 pm 350
July 27 Dakota Valley Summer Pops Orchestra and 7:00 pm 500
Chorale
Aug. 3 Shakespeare In The Park 7:00 pm 500
Sept. 14 Nimely Pan African Dance Company 3:00 pm 350
Elizabethan Festival
Aug. 3 Society for Creative Anachronism 3 - 6:00 pm 300
a6
Agenda Information Memo
May 6, 2003 Eagan City Council Meeting
H. APPROVE CHANGE ORDER #12- COMMUNITY CENTER
ACTION TO BE CONSIDERED: Approve Change Order #12 for the Eagan
Community Center in the amount of $34,499.
FACTS:
PCO 1082 Gym Rail Finish 25 - Protouch
Due to the field erection, painting had to be done on site Painting
PCO 1084 CCD #2 Multiple
Modify the group exercise room.
PCO 1110 RFI # 256 20 -Twin Cities
Delete the ceiling in room # 132 Acoustics
PCO 1134 Cut down door frames & doors Multiple
Curb heights off between grid lines 11-8 & B.
PCO 1145 Add side free throw lines to the courts. 23 -Anderson Ladd
PCO 1148 Concrete sealer add to multiple rooms Multiple
PCO 1152 Modify sinks Multiple
Rooms # 1 S 1 & # 160 fer ADA code compliance.
PCO 1153 RFI # 300 Multiple
Install vinyl base in lieu of wood base in rooms 1 12 &
113.
PCO 1159 RFI # 233 Multiply
Change gyp. board ceiling to acoustical the in room
#116.
PCO 1161 Add washroom accessories 21 -Bldg Material
Supply
PCO 1162 Install control joint and replace tiles Multiply
PCO 1163 Additional Tile work at the stairs Multiple
PCO 1164 Add fire rated boxes 20 -Twin Cities
Added around light fixtures to meet code. Acoustics
PCO l 165 Delete site work performed under separate contract. 03 - Kellington
PCO 1166 Replace Damaged Ceiling tiles Multiple
PCO 1167 Additional Stone at the fireplace 04 - Hollenbeck and
Nelson
PCO 1168 Flush mounted sprinkler heads 35 -Summit
' Represents items previously directed by Council action.
** This item will be a chargeback to another contractor.
$6,450.00**
5,611.00`
(200.00)
0.00
1,000.00
0.00
3,272.00
0.00
(l 06).00
1,161.00*
674.00
1,007.00
5,177.00
(14,789.00)
0.00
5,450.00''
450.00
~~
Install flush mounted sprinkler heads in lieu of drop
down heads, next to the operable part ions.
PCO 1169 Earthwork ] -Ingram 4,861.00
PCO 1170 Install vinyl rock ceiling the 20 -Twin Cities 642.00
In lieu of standard the in rooms #133 and #138. Acoustics
PCO 1171 Furnish and install rainwater diverters ] 4 - Schwickerts 1,162.00
For the over flow roof drains and install black metal
flashing at the chimney opening and copper planter liner.
PCO 1172 Caulk joint I S -Seal Treat, Inc 440.00
Joint between the wood jamb and the stone for the
operable partitions
PCO 1127 CCD # 6- 36 -Peoples 10,219.00
Modify the fire alarm
PCO 1160 RFI # 252- 33 - Javens 495.00
Transfer air duct between rooms # l 39 and # 165. Add
12" x 12" ceiling register fire damper.
PCO 1173 Remove and reinstall 36 -Peoples 847.00
Light fixtures in the snack bar. Add glass lens to these
fixtures per Health department.
PCO 1174 Add duplex receptacle 36 -Peoples 343.00`
Added in women's locker room # 125.
PCO 1175 Cap plumbing 34 -Northern Air 333.00*
In teen center due to deleted sink. Corp.
TOTAL these changes: $34,499.00*
ATTACHMENTS:
• None
' Represents items previously directed by Council action.
~a
Agenda Information Memo
~Iay 6, 2003, Eagan City Council Meeting
I. CONFIRMATION OF FINDINGS OF FACT, CONCLUSIONS & RESOLUTIONS
OF DENIAL (VARIANCE MODIFICATION) -Rob Mueller .
ACTIONS TO BE CONSIDERED:
To confirm the Findings of Fact, Conclusions & Resolutions of Denial of a request for a
Variance modification to allow water and sewer connections to a detached garage proposed for
1944 Safari Trail.
FACTS:
At its regular meeting on April 15, 2003, the City Council directed staff to prepare Findings
of Fact, Conclusions & Resolution of Denial regarding the Variance modification to be y
considered at the May 6, 2003 Council meeting.
ATTACHMENTS (1):
Findings of Fact, Conclusions and Resolution of Denial, pages through
a9
BEFORE THE CITY COUNCIL
CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA
In Re: Application of Rob Mueller FINDINGS OF FACT,
for a modification to Variance Condition CONCLUSIONS AND
No. 7 for a garage variance at 1944 Safari Trail RESOLUTION
This matter came before the Eagan City Council at its meeting of April 15, 2003. Tl~e
Council received and considered the request; the input from City staff; and all existing files,
records and prior proceedings and material as presented to the Council. The applicant appeared
at the Council meeting.
Based upon all the files, records and input that was presented at the meeting, the City
Council makes the following Findings of Fact, Conclusions and Resolution.
FINDINGS OF FACT
1. Robert Mueller (hereinafter "Applicant") submitted an application for a variance
to Condition No. 7 for a garage variance located at 1944 Safari Trail, Lots l3 and 14, Block 1,
Safari Estates (hereinafrer the "Property") to allow water and sewer.
2. An initial variance for the Property was approved June 18, 2003 fora 1,090
square foot detached garage (exceeding the allowable limit by 514 square feet) with nine
conditions.
3. The Applicant combined Lots 13 and 14 (1944 and 1948) resulting in one address,
1944 Safari Trail.
4. When the Applicant v~~as applying for the building permit, it was discovered that
the plan submitted. included sewer and water service to the detached garage, in conflict with
30
Condition No. 7 of the approval, which prohibits water and sewer service. Applicant now seeks
to have this condition removed.
CONCLUSIONS
1. This matter is properly brought before the Eagan City Council.
2. As a condition of the variance that was approved on June 18, 2003, the City
specifically prohibited water and sewer service to the accessory structure.
3. Permitting the Applicant to have the accessory structure have water and sewer
service creates the unacceptable possibility of converting the garage to a living space.
4. Having a detached garage with City sewer and water service is incompatible with
the zoning ordinances and existing uses of the Property and adjacent properties.
5. The Applicant has not demonstrated any hardship justifying the modification of
Condition No. 7.
RESOLUTION
The City Council of the City of Eagan does hereby resolve that the Applicant's request
for a modification to Variance Condition No. 7 for a garage variance at 1944 Safari Trail is
hereby denied.
Dated at Eagan, Minnesota this day of , 2003.
CITY OF EAGAN
By: Pat Geagan
Its: Mayor
By: Maria Karels
Its: Clerk
3/
Agenda Information Memo
May 6, 2003 Eagan City Council
J. FINAL PLANNED DEVELOPMENT (CEDAR VILLAS) -DAKOTA
COUNTY COMMUNITY DEVELOPMENT AGENCY
ACTION TO BE CONSIDERED:
To approve a Final Planned Development for Lot 1, Block 1, Cedar Villas for construction of
34 townhome units.
FACTS:
• The City Council approved the Preliminary Planned Development on December 11, 2001.
The Preliminary Planned Development was approved for afive-year term.
• The Dakota County Community Development Agency is developing 34 townhome units on
Lot 1.
• The final plans are substantially consistent with the Preliminary Planned Development
Agreement.
• Al] documents and Agreements are anticipated to be signed and in order for execution at the
regular meeting of the City Council.
ATTACHMENTS (1):
Final Site Plan, page
3a
~~
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1
Agenda Information Memo
May 6. 2003 Eagan City Council Meeting
K. IMPLEMENT COMPREHENSIVE GUIDE PLAN AMENDMENT -
CITY OF EAGAN
ACTION TO BE CONSIDERED:
To implement the Comprehensive Guide Ptan Amendment for Special Area #~
(Cedarvale Area).
FACTS:
The Special Areas ~~ere created as part of the Comprehensive Guide Plan Update that was
initiated in 1998 and resulted in the adoption Eagan's Comprehensive Plan 2000 in February
of this year.
On April 23, 2003, the Met Council approved the amendment.
In February 2003, the City Council directed staff to submit the amendment to the !~1et
Council for review and approval.
The APC held a Public Hearing regarding this item on January 28. 2003
ATTACHMENTS: (l)
Letter from Met Council on page~J
3y
05/02/03 09:18 FAX 651 602 1674 ASETRO COUNCIL
~ 002
Metropolitan Council
Building communities that work
Apri129, 2003
Mayor Pat Geagan
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Re: Comprehensive Plan Amendment -Cedar Grove Special Area #5
Metropolitan Council Referral File Number 18274-12
Metropolitan Council District 15
Dear Mr. Geagan:
The Metropolitan Council reviewed the City of Eagan's Cedar Grove Special Area #5 plan amendment at the
Apri123, 2003 Council meeting. The plan amendment includes the planned land use for the 300 acre site,
reguiding land from business related uses to more mixed and residential land uses in order to facilitate
redevelopment of the Cedar Grove area. The Council determined that the proposed amendment has no potential
impacts upon any of the metropolitan system plans, is consistent with the Council's Regional Growth Strategy
and policies, and compatible with the plans of adjacent communities. The City may place the amendment into
effect immediately,
The Council recognizes the significant progress the City has made since 2000, when the Council reviewed the
Eagan Comprehensive Guide Plan and found that the City did not meet the Council's forecasts nor guide
sufficient land to meet the City's housing goals. With this amendment, Eagan has guided sufficient land that
allows for medium and high density residential development to accommodate the Csty's 2010 life-cycle and
affordable housing goats, making the City's Plan consistent with the Council housing policies.
The City may place the Cedar Grove Special Area #5 plan amendment into effect, Further, the Council also
made the recommendation that the City be advised that the City's Plan, as amended, is consistent with the
Council's housing policies.
A copy of the Council staff and committee report that went to the Council is attached for your records. The
amendment and the information submission form will be appended to the City's plan in the Council's files. If
you have any questions or if the Council can be of further assistance, please contact Robin Caufman, Sector
Representative at 651-602-1457.
Sine ,
ter Bell,
Chair
Attachment
cc: Thomas Hedges, City Administrator
Mike Ridley, City Planner
Thomas Egan, Metropolitan Council District 15
Phyllis Hanson, Manager, Planning and Technical Assitance
Robin Caufman, AICP, Sector Representative/Principal Reviewer
Cheryl Olson, Referrals Coordinator
www.metracouncil.org
35
Metro Info Line 602-1888
230 East Fifth Street SL Pau], Minnesota 55101-1626 • 1651) 602-1000 Fax 602-1550 T']Y 291-0904
An Equa( Oppcrtun[ty Employer
Agenda Information Memo
May 6, 2003 Eagan City Council Meeting
L. CONTRACT 03-04, TH 55/ GIFT OF MARY
STREET & UTILITY IMPROVEMENTS
ACTION TO BE CONSIDERED: Receive the bids for Contract 03-04 (TH 55/ Gift of
Mary -Street & Utility Improvements), award the contract to S.M. Hentges, Inc., for the
total base bid in the amount of $306,039.35, and authorize the Mayor and City Clerk to
execute all related documents.
FACTS:
• Contract 03-04 provides for the Highway 55 frontage road improvements and public
utility extensions from the Louis Lane intersection with Hwy 55 to the entrance to the
proposed Gift of Mary development, as outlined and discussed in the feasibility report
for City Project 874.
• On December 17, 2002, the City Council authorized the street & utility improvements
for the TH 55/ Gift of Mary frontage road (Project 874), and authorized the
acquisition of easements through the quick-take eminent domain process, if
necessary.
• On April 1, 2003, the Council approved the plans and authorized the advertisement
for solicitation of competitive bids for Contract 03-04.
• At 10:30 a.m. on May 1, formal bids were received for this project. A copy of the bid
tabulation is enclosed.
• An alternate bid was also received to allow for an alternate method of installing the
sanitary sewer and water main crossings on Highway 55 to potentially reduce costs of
this construction. The low base bid from S.M. Hentges, Inc. did not include an
alternate bid for this work. Evaluation of the base and alternate bids received from the
other contractors did not result in a lower bid from the base bid received from S.M.
Hentges, Inc.
• All bids have been reviewed for compliance with the bid specifications and accuracy
on unit price extensions and summations. The low base bid from S.M. Hentges, Inc.
has been reviewed by the Engineering Division and found to be in order for favorable
Council action.
All of the easements needed for the construction of the street improvements are being
acquired through the eminent domain process and the City will have access rights to
the impacted properties on July 15, 2003. Engineering staff has received all necessary
MN Department of Transportation permits to utilize a portion of Highway 55 right-of-
way for frontage road and utility construction. The project specifications have set the
contractor's schedule of access to properties accordingly.
ATTACHMENTS:
• Bid Summary, page,
36
BID SUMMARY
Highway 55/ Gift of Mary Frontage Road & Utility Improvements
City Project No. 874
City Contract No. 03-04
Bid Date: Thursday, May 1, 2003
Bid Time: 10:30 a.m.
Contractors
l.) S.M. Hent~~es, Inc.
2.) McNamara Contracting,, Inc
3.) Friedges Contracting
4.) F.F. Jedlicki, Inc.
5.) Kusske Construction
6.) Northdale Construction
7.) Barbarossa & Sons, Inc.
8.) Burschville Construction
Total Base Bid
306 039
313 806
326 715
335 315
348 511
363 689
365 074
381 767
Alternate Bid*
None
$ 32,406
$ 50,576
$ 27,100
$ 66,700
None
$ 78,500
None
*Alternate Bid provided for directional drilling of sanitary sewer and water main pipes
across Highway 55 in lieu of jacking/ augering price included in total base bid.
Project 874 -Base Bid
Low Base Bid
$306,039
Feasibilit~Report Estimate $334,520
Percent Under(-) Estimate 8.5°Io
Engineer's Estimate $334,040
Percent Under(-) Estimate 8.4°Io
3~
Agenda Information Memo
May 6, 2003
M. PROJECT 806R, KENNERICK ADDITION (POND HDP-1)
STORM SEWER IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve Easement Agreements for Project 806R
(Kennerick Addition, Pond HDP-1 -Trunk Storm Sewer Improvements) with the owners
of the referenced impacted properties and authorize the Mayor and City Clerk to execute
all related documents.
FACTS:
• Project 806R provides for the installation of a storm sewer outlet and pond
improvements for Pond HDP-1 on the north side of Lone Oak Road (County Road
26), west of Pilot Knob Road (County Road 31). The storm sewer from Pond HDP-1
to Pond HP-11 will serve the proposed Kennerick Addition and additional adjacent
properties as outlined and discussed in the feasibility report.
• On June 5, 2001, the City Council approved Project 806, including the acquisition of
all necessary easements. The City Council revised the scope of the improvements
and approved Project 806R on April 15, 2003.
• The storage of water within Pond HDP-1 above the Normal Water Level, the grading
of the sedimentation basin and the installation of the storm sewer pipe requires the
acquisition of numerous permanent and temporary easements from the adjacent
properties.
• Appraisals were obtained for all required easements. The estimated value of the
currently considered easements for the properties is $67,910.00. Staff has suggested
offers totaling this amount to the property owners. The property owners have
consented to the offers.
• Agreements between the City of Eagan and the owners of Parcels 10-88800-091-00,
10-88800-101-00, 10-88800-093-00, 10-88800-105-00, 10-88800-102-00, 10-88800-
103-00, 10-88800-106-00 and 10-88800-107-00 have been prepared providing for the
acquisition costs for all of the necessary easements.
• Engineering staff and the City Attorney's office have reviewed these agreements and
found them to be in order for favorable Council action.
ISSUES:
• If the City Council would desire to discuss this item, it would be appropriate to direct
any discussion to a Closed Session.
ATTACHMENTS:
• Easement Summary, page.
38
SUBJECT: EASEMENT ACQUISITION
PROJECT 806R, KENNERICK ADDITION/POND HDP-1
STORM SEWER IMPROVEMENTS
Property Owner PIN Payment
Anne Maag 10-88800-091-00 $17,100.00
1441 Lone Oak Lane
Eagan, MN 55121
Gerald & Edith Braun 10-88800-101-00 $660.00
1444 Lone Oak Lane
Eagan, MN 55121
Michael & Kathleen Mitchell 10-88800-093-00 $9,020.00
1445 Lone Oak Lane
Eagan, MN 55121
Chris & Brenda Marshall 10-88800-105-00 $9,130.00
1449 Lone Oak Lane
Eagan, MN 55121
Dale & Suzanne Naatjes 10-88800-102-00 $6,400.00
1455 Lone Oak Lane
Eagan, MN 55121
William & Ann Overn 10-88800-103-00/ $10,100.00
1459 Lone Oak Lane 10-88800-106-00
Eagan, MN 55121
Todd & Mitsuko Lutz-Chase 10-88800-107-00 $15,500.00
1459'/z Lone Oak Lane
Eagan, MN 55121
G:Rty1/D3/:.1isc/P~oj SOfiR Esm~ Payment
.39
Agenda Information Memo
May 6, 2003
N. PROJECT 801, SILVER BELL ROAD
FINAL ASSESSMENT ROLL
ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 801
(Silver Bell Road -Street Improvements) and schedule a public hearing to be held on
June 17, 2003.
FACTS:
• Project 801 provided for the bituminous overlay of Silver Bell Road between Alder
Lane and Blackhawk Road in conjunction with the access reconfiguration of the
intersection of Silver Bell Road, Cedar Grove Parkway (formerly Beau D'Rue Drive)
and Cedarvale Boulevard, all as a part of the redevelopment of the Cedar Grove
(Cedarvale) area.
• This project, constructed under Contract 01-05, has been completed (except for the
pavement markings, which will be constructed per the plans), all costs tabulated,
value benefit compared to past similar projects and the final assessment roll prepared.
• This roll is now being presented to the Council for their consideration of scheduling a
public hearing to formally present the final costs to be levied against the benefited
properties.
~D
Agenda Information Memo
May 6, 2003 Eagan City Council Meeting
O. CONTRACT 01-15, CEDAR GROVE REDEVELOPMENT
STREET & UTILITY IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve Change Order No. 4 to Contract O1-OS
(Cedar Grove Redevelopment -Street & Utility Improvements) and authorize the Mayor
and City Clerk to execute all related documents.
FACTS:
• Contract O 1-OS provides for the street and utility improvements related to access
modifications in the Cedar Grove Redevelopment Area (City Projects BOOR and
759R).
• This change order provides for the following items:
Part I. Repair of an existing catch basin structure at the intersection of Rahn Road
and Cedar Grove Parkway under City Project 759R. (ADD $526)
Part II. Additional work under City Project 800R.
1. Storm sewer modifications to avoid conflicts with sanitary sewer and
water main (ADD $5,828)
2. Installation of a steel conduit under Highway 13 at Silver BeII Road.
(ADD $2,993)
3. Sweeping of project sediment from the McDonald's parking lot. (ADD
$170)
4. Placement of temporary bituminous patches to allow for safe sno«-
plowing prior to the placement of the final bituminous section. (ADD
$2,191)
5. Reconstruction of a portion of the Marvin Windows parking lot, in the
northwest corner of Silver Bell Road and Highway 13, in accordance with
the easement agreement. (ADD $15,145)
• 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.
• This change order provides for a total ADD of $26,852 (0.9%) to the original
contract. The cost of the additional work under the change order will be the
responsibility of the City's respective Major Street and Utility Funds and assesses to
the adjacent benefiting properties as outlined in the feasibility report for Projects
759R and 800R.
~f~
Agenda Information Memo
May 6, 2003 Eagan City Council Meeting
P. METRICOM LEASE AGREEMENT SETTLEMENT
ACTION TO BE CONSIDERED: Approve a settlement agreement with Metricom Inc.
relating to their bankruptcy filings and authorize the Mayor and City Clerk to execute all
related documents.
FACTS:
• On July 2, 2001, Metricom Inc. (and all related affiliates) filed for bankruptcy
protection in San Jose California. Metricom was a wireless communication
company who had entered into a lease agreement with the City of Eagan to install
antennae on our water reservoirs per our standard lease agreement.
• Prior to and subsequent to this bankruptcy filing, they were delinquent in their
annual rental payments. They also abandoned their equipment on our property
(minimal salvage value) and ignored the early termination penalties under the
lease agreement.
• Subsequently, the City filed a claim in the amount of $97,744. 85 with the courts.
According to the terms of the court in this type of bankruptcy, only $47,000 would
be "eligible" for consideration with no guarantee of any of that amount. Metricom
has been authorized to offer approx. 6¢ on the dollar, or $6,000.
• An inquiry was made of other cities in the state that might be interested in
consolidating resources to finance a joint pursuit of similar claims in California,
but it appears that Eagan was one of the first and only cities to actually have a
formal lease agreement at the time of the bankruptcy filing. After a
risk(cost)/benefit evaluation with the City Attorney's office, it is recommended
that the City of Eagan approved the settlement agreement as presented.
ISSUES:
• If the Council wishes to discuss this item in any detail, it is recommended that the
item be continued and directed to a closed session.
~~
Agenda Information Memo
May 6, 2003
Q. PROJECT 851, TOWN CENTRE AREA
STREET & ACCESS MANAGEMENT IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve Easement Agreements for Project 851
(Town Centre Area -Street & Access Management Improvements) with the owners of
the referenced impacted properties and authorize the Mayor and City Clerk to execute all
related documents.
FACTS:
• Project 851 provides for the bituminous overlay and access management
improvements of the streets in the Town Centre Area, as outlined and discussed in the
feasibility report. The improvements include the construction of concrete sidewalk
along the westerly/northerly side of Town Centre Drive, driveway relocations along
the easterly/southerly side of Town Centre Drive and driveway apron construction
throughout the Town Centre Area.
• On December 2, 2002, the City Council approved Project 851, including the
acquisition of all necessary easements.
• The driveway and access management improvements in the Town Centre Area
require the acquisition of numerous permanent and temporary easements from the
adjacent properties.
• Appraisals were obtained for all required easements. The estimated value of the
currently considered easements for the properties is $4,700.00. Staff has suggested
offers totaling this amount to the property owners. The property owners have
consented to the offers.
• Agreements between the City of Eagan and the owners of Parcels 10-77028-010-01,
10-62650-010-01, 10-77034-010-01 and 10-27700-010-01 have been prepared
providing for the acquisition costs for all of the necessary easements.
• Engineering staff and the City Attorney's office have reviewed these agreements and
found them to be in order for favorable Council action.
ISSUES:
• If the City Council would desire to discuss this item, it would be appropriate to direct
any discussion to a Closed Session.
ATTACHMENTS:
• Easement Summary, page.
~~
SUBJECT: PAYMENT FOR EASEMENT ACQUISITION
PROJECT 851, TOWN CENTRE AREA
STREET & ACCESS MANAGEMENT IMPROVEMENTS
Property Owner
Capital City Investments
(Arby's)
R & B Investors
(Von Hanson's/Ace Hardware)
Esberg Linvted Partnership
(Paradise Car Wash)
Anchor Bancorp, Inc.
(Anchor Bank)
PIN
10-77028-010-01
10-62650-010-01
10-77034-010-01
10-27700-010-0]
Payment
$2,300.00
$300.00
$1,900.00
$200.00
G:RMN3/Misc/Proj 851 Esmt Pa}ment ul
Agenda Information Memo
May 6, 2003 Eagan City Council Meeting
R. PROJECT 871, HWY 149 & WESCOTT RD -SIGNAL IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve a commitment to MnDOT to finance up to
50% of the increased costs associated with the reconstruction of the intersection of Hwy
149 & Wescott Rd.
FACTS:
• Project 871 provides for the signalization of the intersection of Wescott Rd. & Hwy
149 (including new tum lanes on Hwy 149). MnDOT's intersection signal project is
funded through their "Safety Capacity Program" up to $421,000. The City has
previously committed to $50,000 as part of our standard participation for the signal.
• Currently, there is a 3.5 ft. elevation differential over 85 feet between the railroad
crossing and the trunk highway. This results in only a 5-10 mph safe travel speed
through this intersection on an east bound green light condition. Wescott Rd is
currently posted at 45 mph as it approaches the current stop condition at this
intersection.
• The Public Works Director has been struggling with MnDOT to have the intersection
of TH 149 reconstructed and raised approx. 2.5 feet providing fora 25-30 mph design
speed. MnDOT has classified TH 149 as a "Preservation" corridor, and as such cannot
justify the additional $3-400,000 that it would cost to reconstruct and raise the whole
intersection and are beginning to even have second thoughts about the signal as well.
• As a result of several meetings, MnDOT has indicated they will try to find additional
funding for the reconstruction if the City of Eagan would be willing to commit to
partnering up to 50% of the additional costs to meet the City's design requirements.
This would amount to approx. $200,000 from Eagan.
• MNDOT is also programming a structural overlay for TH 149 from I-494 to TH 3 for
2004 and would like to include this intersection work as part of that contract. With
this significant improvement to this Preservation corridor, there will be no other
future improvements programmed for this highway. The Public Works Director
believes that this intersection should be built to the proper minimal standards
(reconstructed), and that the safety benefits can justify the requested increased in
participation from the City.
~5
AGENDA MEMO
MAY 6, 2003
CONSENT AGENDA:
S. APPROVE LAW ENFORCEMENT MUTUAL AID PACT
ACTION FOR CONSIDERATION:
Approve Law Enforcement Mutual Aid Pact with the City of Bloomington
FACTS:
• This agreement v~rould make equipment, personnel, and other resources available
between the Police Departments of Eagan and Bloomington.
• No charges will be imposed by either party for assistance rendered.
• Each agency maintains their own liability coverage and Workers' Compensation.
• This agreement is similar to the Fire Department Mutual Aid agreements that are
currently in effect.
• We have not been able to identify a previous Police Mutual Aid agreement with
Bloomington Police Department.
• Approval of this agreement will assure mutual aid agreements are in place with all
jurisdictions that border the City of Eagan.
ATTACHMENTS:
• A copy of the Mutual Aid Pact is attached as pages ~ through
V6
LAW ENFORCEMENT MUTUAL AID PACT
I. General Purpose
This Agreement is made pursuant to Minn. Stat. § 47l .59, which authorizes the joint and
cooperative exercise of powers, common to contracting parties. The intent of this
Agreement is to make equipment, personnel, and other resources available to neighboring
law enforcement agencies.
II. Definitions
For purposes ofthis Agreement, the terms defined in this section shall have the following
meanings:
1. "Assistance" means providing law enforcement personnel and equipment to a
Requesting Party.
2. "Party" means a municipalit}~ that is a party to this Agreement.
3. "Requesting Party" means a party that requests assistance from the other party.
4 "Responding Party" means a party that provides assistance to a Requesting Part}~.
5. "Requesting Official" means the person designated by a Requesting party who is
responsible for requesting assistance from other party.
6. "Responding Official" means the person designated by a party who is responsible to
determine whether and to what extent that party should provide assistance to a
Requesting Party.
III. General Provisions and Procedure
1. Procedure
a. Request for Assistance. Whenever, in the opinion of a Requesting Official, there
is a need for assistance from the other party, the Requesting Official may call upon
the Responding Official of the other party to furnish assistance within the terms of
this agreement.
b. Response to Request. Upon the request for assistance from a Requesting Party,
the Responding Official may authorize and direct his or her party's personnel to
provide assistance to the Requesting Party. This decision will be made after
considering the needs of the Responding Party and the availability of resources.
~~
c. Recall of Assistance. The Responding Official, may at any time, recall or cease
such assistance to the Requesting Party when in his or her judgment, or by order
of the governing body of the Responding Party, it is considered to be in the best
interest of the Responding Party to do so.
d. Command of Scene. The Requesting Party shall be in command of the mutual
aid scene. The personnel and equipment of the Responding Party shall be under
the direction and control of the Requesting Party until the Responding Official
withdraws assistance.
2. General Provisions.
a. The decision to request assistance, along with the procedure for making such
requests, and the decision to respond or not to respond, shall be made in
accordance with the internal rules and procedures of the individual parties.
Failure to provide assistance shall not result in any liability to any party.
b. No charges will be imposed by a Responding Party upon a Requesting
party for assistance rendered to the Requesting Party under the terms of this
agreement, except as provided herein. If assistance by a Responding party
in a single response incident continues for a period of more than 48 hours,
the Requesting Party shall ps5 t the Responding Party the actual cost of
any assistance provided after the initial 48 hour period, including salaries,
overtime, materials and supplies, equipment and other necessary expenses;
and payment shall be remitted to the Responding party within 30 days of
submittal of costs. Such charges are not contingent upon the availability of
federal or state government funds. However, if these funds become
available, the parties may discuss reimbursement of all costs associated
with the initial 48 hours.
d. The Requesting Party may, at any time, terminate the request for assistance
by orally indicating such to the Responding Party and the rights and
responsibilities of the Responding Party shall immediately cease.
e. It shall be the responsibility of the "On Duty" patrol supervisor or
Command staff officer of each of the parties to fully apprise the
participating personnel of the procedures, conditions, and limitations under
this Agreement, as well as any amendments hereto.
v~'
IV. Insurance
Each party shall maintain public liabilit}' coverage protecting itself, its officers, agents,
employees and duly authorized volunteers against any usual and customary public
liability claims in amounts which shall, at a minimum, comply with Minn. Stat. § 466.04
and Workers' Compensation and shall be in accordance with the Minnesota statutory
requirements. Said policies shall be kept in effect during the entire term of this
Agreement.
V. Indemnification
All parties to this Agreement recognize each other as a political subdivision of the
State of Minnesota. The Requesting Party agrees to defend and indemnify the
Responding Party against any claims brought or actions filed against the responding
party or any officer, employee, or volunteer of the Responding Party for injury to,
death of, or damage to the property of any third person or persons, arising from the
performance and provision of assistance in responding to a request for assistance b}'
the requesting party pursuant to this agreement.
Under no circumstances, however, shall a party be required to pay on behalf of itself
and other parties, any amounts in excess of the limits on liability established in
Minnesota Municipal Tort Liability Act, Minn. Chap. 466, applicable to any one
party. The limits of liability for some or all of the parties may not be added together
to determine the maximum amount of liability for any party.
2. The intent of this subdivision is to impose on each Requesting Party a limited duty to
defend and indemnify a Responding Party for claims arising within the Requesting
Party's jurisdiction, subject to the limits of liability under Minn. Stat. Chap. 466. The
purpose of creating this duty to defend and indemnify is to simplify the defense of
claims by eliminating conflicts among defendants, and to permit liability claims
against multiple defendants from a single occurrence to be defended by a single
attorne}•.
3. No party to this Agreement nor any officer of any party shall be liable to any other
party or to any other person for failure of any party to furnish assistance to any other
party, or for recalling assistance, both as described in this Agreement.
4. For the purposes of the Minnesota Municipal Tort Liability Act, the employees and
officers of the Responding Party are deemed to be employees (as defined in Minn.
Stat. § 466.01, subd. 6) of the Requesting Party.
VI. Workers' Compensation
Each party shall be responsible for injuries or death of its own personnel. Each party will
maintain workers' compensation insurance or self-insurance coverage, covering its own
personnel while they are providing assistance pursuant to this agreement. Each party
5`9
waives the right to sue any other party for any workers' compensation benefits paid to its
own employee or volunteer or their dependants, even if the injuries were caused wholly
or partially by the negligence of any other party or its officers, employees, or volunteers.
VII. Damage to Equipment
Each party shall be responsible for damages to or loss of its own equipment. Each party
waives the right to sue any other party for any damages to or loss of its equipment, even
if the damages or losses were caused wholly or partially by the negligence of any other
party or its officers, employees, or volunteers.
VIII. Data Practices
The parties agree to abide by the provisions of the Minnesota Government Data Practices
Act, Minn. Stat. Chap. 13, as amended, and Minn. Rules promulgated pursuant to Chap.
13. Each party agrees to hold the other parties harmless from any claims resulting from
an unlawful disclosure or use of data, by its respective personnel, protected under state
and federal laws by its personnel.
IX. Notice
Notices to be given under this Agreement shall be given by enclosing the same in a
sealed envelope, postage prepaid, and depositing the same in the U. S. Postal Service,
addressed to the attention of police chief or sheriff at the address of the record.
X. Amendment or Chan es
The parties agree that no change, amendment, or modification to this Agreement, or any
attachments hereto, shall have any force or effect unless the change is reduced to writing,
dated, and made part of this Agreement. The execution of the change shall be authorized
and signed in the same manner as for this Agreement.
XI. Entire Agreement
It is understood and agreed that the entire agreement of the parties is contained in this
Law Enforcement Mutual Aid Pact and that it supersedes all oral agreements and
negotiations between the parties relating to mutual aid, as well as any previous agree-
mentspresently in effect between the parties relating to mutual aid.
4
S~
IN TESTIMONY WHEREOF, the parties have executed this Law Enforcement
Mutual Aid Pact as ofthe date and year last signed below.
CITY OF EAGAN CITY OF BLOOMINGTON
By: By:
Mayor Mayor
City Clerk City Manager
Dated: , 2003 Dated: , 2003
Approved as to form: Approved as to form:
City Attorney City Attorney
~/
Agenda Information Memo
May 6, 2003 Eagan City Council Meeting
T. KOHL'S DEPARTMENT STORE (LOT 1, BLOCK 1 TOWN CENTRE 70
15TH ADDITION) EASEMENT VACATION
ACTION TO BE CONSIDERED: Approve the vacation of public easement within the
Lot 1, Block 1 Town Centre 70 Addition (Kohl's) and authorize the Mayor and City
Clerk to execute all related documents.
FACTS:
• On March 6, 2003, City staff received a petition from Mr. Paul Baumgardt,
representative of the Kohls Corporation, requesting the vacation of drainage and
utility easements within Lot 1, Block 1 Town Centre 70 15`h Addition, along the
east side of the Kohls department store in central Eagan.
• The purpose of the request is to allow the expansion of the back end of the
existing Kohls department store building. The existing storm sewer will be
relocated and modified with new replacement easement provided by the property
owner via separate document as part of the building permit process.
• On March 18, the City Council received the petition for this vacation, and set a
public hearing for April 15 to consider vacating said drainage and utility
easements.
• On April 15, the City Council closed the public hearing and continued
consideration of the vacation until the required replacement easement is executed
and delivered.
• On April 23, City staff received the required replacement easement executed by
Kohl's representatives.
• This vacation request has been reviewed by the Engineering Division and found to
be in order for favorable Council action.
ATTACHMENTS: _
• Legal Description, graphic, page and ~~.
• Location Map, page ~~
sa
PROPOSED STORM SEWER EASEMENT
FOR:
KOHL'S CORPORATION
February 10, 2003
A strip of land 15.00 feet in width over, under and across Lot 1, Block 1,
TOWN CENTRE 70 FIFTEENTH ADDITION, according to the recorded
plat thereof and situate in Dakota County, Minnesota. The center line of said
strip is described as follows:
Commencing at the most easterly northeast corner of said Lot l; thence on
an assumed bearing of South 0 degrees 42 minutes 51 seconds East along the
east line of said Lot 1 a distance of 263.31 feet to the point of beginning of
the center line to be described; thence North 81 degrees 54 minutes 20
seconds West a distance of 29.81 feet; thence North 0 degrees 42 minutes 51
seconds West a distance of 140.00 feet; thence South 89 degrees 17 minutes
09 seconds West a distance of 96.04 feet and said center line there
terminating.
The side lines of said easement shall be prolonged to terminate on the east
line of said Lot 1.
Storm-Sewer Easement recorded:in County Document No.~.i 179656)
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Kohl's storm sewer easement vacation 3/31/03
Location Map
City of Eagan ~~
Agenda Information Memo
May 6, 2003
U. CONTRACT 03-01, TOWN CENTRE AREA
STREET & ACCESS MANAGEMENT IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve the revision of the bid opening for Contract
03-01 (Town Centre Area -Street & Access Management Improvements) to 10:30 a.m.
on Thurdsday, May 15, 2003.
FACTS:
• Contract 03-O1 provides for the bituminous overlay and access management
improvements of the streets in the Town Centre Area, as outlined and discussed in the
feasibility report for Project 851. It also provides for the bituminous overlay of
Crestridge Lane, as outlined and discussed in the feasibility report for Project 882.
• On December 2, 2002, the City Council held a public hearing for Project 851. After
staff presentation and public comment, the Council approved the project, authorized
preparation of detailed plans and specifications and the acquisition of right-of--way
and easements through quick-take Eminent Domain, if necessary.
• On March 18, 2003, the City Council approved the plans and specifications for
Contract 03-01 and authorized the advertisement for a bid opening to be held at 10:30
a.m. on Tuesday, April 29, 2003.
• The driveway and access management improvements in the Town Centre Area
require the acquisition of numerous permanent and temporary easements from the
adjacent properties. An extraordinary amount of staff time has been required to
pursue these easements, thus creating a need to delay the original bid opening.
• Public Works staff and the Attorney's office have been working diligently to acquire
as many easements as possible without going through the full Eminent Domain
process. Due to the nature of the ownerships of the properties and businesses within
the Town Centre Area, this has involved multiple national interests on many of the
individual parcels.
• While it has been in the best interest of the City of Eagan to acquire as many
easements as possible without the use of the Eminent Domain process, any further
delays to the bid opening may negatively impact the construction schedule of the
improvements.
S6
AGENDA MEMO
MAY 6, 2003
CONSENT AGENDA
V. PROCLAMATION - FALUN DAFA MONTH
ACTION TO BE CONSIDERED
Approve a Proclamation proclaiming May, 2003 as Falun Dafa Month in Eagan
FACTS:
• Falun Dafa (also know as Falun Gong) is a powerful mind/body/cultivation
system originating in prehistoric China and made public in 1992.
• Falun Dafa is a system of exercises and teachings that deeply transfornl the mind
and body.
• Falun Dafa is practiced more than 40 countries, and almost every state in the
United States.
• Falun Dafa was introduced to Minnesota in the fall of l 9998 and since then,
volunteers offer free instruction and convene regular group exercise practice sties
in the Twin Cities.
ATTACHMENT:
A copy of the Proclamation is attached as page ~.
57
CITY OF EAGAN
PROCLAMATION
WHEREAS, Falun Dafa, also known as Falun Gong, is a powerful mind/body cultivation
system originating in prehistoric China and made public by two-time Nobel Peace Prize
nominee, Master Li Hongzhi in 1992; and
WHEREAS, Falun Dafa is a form of what the Chinese call Qigong (pronounced "chee-
gong"), asystem of exercises and teachings that deeply transform the mind and body, whose
practitioners experience improved health and newfound energy to mental clarity, stress relief and
peace of mind; and
WHEREAS, Falun Dafa is practiced in more than 40 countries, by millions of people of
all ages, cultures and backgrounds, and almost every state in the United States has Falun Dafa
practitioners and exercise locations; and
WHEREAS, Falun Dafa was introduced to Minnesota in the fall of 1998 and since then,
volunteers offer free instruction and convene regular group exercise practice sites in the Twin
Cities; and
NOW, THEREFORE, I, Pat Geagan, Mayor of the City of Eagan, do hereby proclaim
May, 2003 to be FALUN DAFA MONTH in the City of Eagan and urge citizens to become
acquainted with this ancient practice which encourages its practitioners to live according to
Zhen-Shan-Ren (Truthfulness, Compassion, and Forbearance).
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its Clerk
Motion made by:
Seconded by:
Those in Favor
Those Against:
Dated: May 6, 2003
CERTIFICATION
I, Maria Karels, City Clerk o the City of Eagan, Dakota County, Minnesota, do hereby
certify that the foregoing proclamation was duly passed and adopted by the City Council of the
City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 6`" day of
May, 2003.
Maria Karels, City Clerk
s~
Agenda Information Memo
May 6, 2003 Eagan City Council
W. RESOLUTION (OUTLOT A, FOUR PAWS ADDITION)
ACTION TO BE CONSIDERED:
To approve a resolution allowing separate tax parcels for Outlot A and Lot 1, Block 1, Four Paws
Addition.
FACTS:
• Four Paws Addition was platted in October ?001. At that time, Outlot A was combined with
Lot 1, Block 1 as a single tax parcel.
• Outlot A is now being acquired by the developer of the property adjacent to Outlot A in
Burnsville, who will incorporate it into the Burnsville development.
• In order for Outlot A to be conveyed separately, it must be assigned as a separate tax parcel in
the County records. The County requires City approval to do that.
• A resolution approving separate tax parcels for Outlot A, and Lot 1, Block 1, Four Paws
Addition is attached and in order for execution by the City Council.
ATTACHMENTS (1):
Resolution, page
59
-RESOLUTION-
WHEREAS, the final plat of Four Paws Addition was approved by the City of
Eagan on October 2, 2001; and
WHEREAS, upon platting, Outlot A, Four Paws Addition was combined with Lot
1, Block 1, Four Paws Addition, as a single tax parcel; and
WHEREAS, Outlot A, Four Paws Addition is now being acquired by the
developer of the adjacent property; and
WHEREAS, in order for Outlot A to be conveyed separate from Lot 1, Block 1,
Four Paws Addition, it must be assigned a separate tax identification number by Dakota
County; and
WHEREAS, Dakota County requires approval of the City to create separate tax
parcels; and
WHEREAS, the City has reviewed the proposed separation of these two parcels
for tax purposes and finds that it is consistent with City codes and ordinances.
NOW THEREFORE, the City of Eagan hereby requests that Dakota County
proceed with establishing separate tax parcels for Outlot A, Four Paws Addition and Lot
1, Block 1, Four Paws Addition.
Maria Karels
City Clerk, City of Eagan
Date:
(Seal)
(,D
Agenda Inforn~ation Memo
May 6, 2003
CONSENT AGENDA
X. APPROVE a temporary hiring freeze for the City of Eagan.
ACTION TO BE CONSIDERED:
To approve a temporary hiring freeze for the City of Eagan.
FACTS:
• At the April 29, 2003 City Council workshop, the Council reviewed the 2004 budget
guidelines, and noting the loss of State aid that will likely occur in 2004 and 2005, the City
Council suggested a hiring freeze be implemented for the City of Eagan.
• The hiring freeze was recommended until the Council has the opportunity to review the draft
2004 budget being prepared by staff.
• The City Council discussed exceptions to the freeze, including the hiring of a Community
Development Director, the replacement of a Police sergeant, and seasonal staff.
• The hiring freeze will apply to regular, full-time and part-time employees.
• The Council also noted that other exceptions to the hiring freeze may be necessary; however,
all staffing requests must go to the City Council for their approval.
~/
Agenda Information Memo
May 7, 2003
PUBLIC HEARINGS
A. Certification of Delinquent Utilities
ACTION TO BE CONSIDERED:
To approve or deny certification of delinquent utilit}~ accounts to Dakota Count}~ for
collection «~ith property taxes.
FACTS:
The Cite currentl~~ as approximately 260 utility bill accounts ~~ith delinquent
payments. The assessable amount of these accounts is $40.363.89. These items
are in order for certification to the Count~~.
ATTACHMENTS:
Delinquent account list: pages~hrough ~3
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Agenda Information Memo
May 6, 2003 Eagan City Council Meeting
B. CERTIFICATION OF DELINQUENT FALSE ALARM BILLS
ACTION TO BE CONSIDERED:
To close the public hearing and approve the final assessment roll for delinquent false
alarm bills and authorize its certification to Dakota County.
FACTS:
• The City Code allows for collection through certification of delinquent false alarm
bills, which are not paid.
• At the April 1 City Council meeting, a public hearing was scheduled for the May 6,
2003 City Council meeting.
• The City does not charge residents or businesses for the first three false alarms in a
calendar year. A fourth or subsequent false alarm results in a $75 fee per alarm. The
delinquent false alarm bills include a 10% penalty and a $25 certification fee.
• The City currently has nine delinquent false alarm bills. The assessable amount of
these bills is $2,542.50. These items are in order for certification to the County.
• All notices have been published in the legal newspaper and sent to all affected
property owners informing them of this hearing and their proposed assessments.
ATTACHMENTS:
Proposed assessment roll, page
~~
Delinquent False Alarm Bills
Pro a ID Outstandin Dollar Amount
10-57500-012-01 $107.50
10-16930-030-01 $437.50
10-72840-O1 l -01 $107.50
10-22472-050-02 $1105.00
10-53790-020-02 $355.00
10-75925-050-01 $]07.50
10-14577-010-01 $107.50
10-53576-010-02 $107.50
10-22503-241-02 $107.50
$2,542.50
~s
Agenda Information Memo
May 6, 2003 Eagan City Council Meeting
C. CERTIFICATION OF DELINQUENT WEED CUTTING BILLS
ACTION TO BE CONSIDERED:
To close the public hearing and approve the final assessment roll for delinquent weed
cutting bills and authorize its certification to Dakota County.
FACTS:
• The City Code allows for collection through certification of delinquent weed cutting
bills, which are not paid.
• At the April 1 City Council meeting, a public hearing was scheduled for the May 6,
2003 City Council meeting.
• A 10% penalty and a $25 certification fee are added to all outstanding delinquent
bills.
• The City currently has two delinquent weed cutting bills. The assessable amount,of
these bills is $337.88. These items are in order for certification to the County.
• All notices have been published in the legal newspaper and sent to all affected
property owners informing them of this hearing and their proposed assessments.
ATTACHMENTS:
Proposed assessment roll, page ~~~
76
Delinquent Weed Cutting Bills
Pro er ID Outstandin Dollar Amount
10-13520-010-01 $168.94
10-16700-190-10 $168.94
$337.88
~~
Agenda Information Memo
May 6, 2003, Eagan City Council Meeting
D. VARIANCE TO 20 PERCENT LOT COVERAGE FOR A GARAGE ADDITION
AT 1644 SHERWOOD WAY (Cal Roeske)
ACTIONS TO BE CONSIDERED:
To approve a Variance to the maximum 20 percent building coverage for a garage addition that
will result in 21.2 percent of building coverage for the lot at 1644 Sherwood Way, Lot 9, Block
1, Brittany 2nd Addition; subject to the conditions suggested in the staff report.
FACTS:
• There is an existing attached 2 stall garage located on the northeast side of the property.
• The adjacent properties to the east and west of the subject site have three stall garages.
• The established front yard setback for this area is 20 feet.
• The proposed garage is 11 feet by 36 feet; the garage addition will extend the ]ength of
the existing house to continue the roofline.
• The existing house, garage and three season porch covers about 18 percent of the lot.
ATTACHMENTS (1):
Plam~ing staff report, pages to
~g
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: April l 7, 2003
APPLICANT: Cal Roeske
PROPERTY OWNER: Cal Roeske
REQUEST: Variance
LOCATION: 1644 Sherwood Way
COMPREHENSIVE PLAN: LD, Low Density
ZONING: R-1, Residential Single District
CASE: 33-VA-04-04-03
HEARING DATE: May 6, 2003
APPLICATION DATE: April 7, 2003
PREPARED BY: Sheila O'Bryan
SUMMARY OF REQUEST
The applicant is requesting a Variance to the 20 percent maximum building coverage on a single
family lot for a garage addition at 1644 Sherwood Way, Lot 9, Block 1, Brittany 2"d Addition.
AUTHORITY FOR REVIE«'
City Code Chapter 11, Section 11.50, Subdivision 3 states that the Council may approve, approve
with conditions or deny a request for a variance. In considering all requests for a variance, City
Council shall consider the following factors:
a. Exceptional or extraordinary circumstances apply to the property which do not apply
generally to other properties in the same zone or vicinity, and result from lot size or
shape, topography, or other circumstances over which the owners of property have no
control.
b. The literal interpretation of the provisions of this Code would deprive the applicant
property use commonly enjoyed by other properties in the same district under the
provisions of this Code.
c. That special conditions or circumstances do not result from actions of the applicant.
d. That granting of the variance will not confer on the applicant any special privilege that is
denied by this Ordinance to owners of other lands, structures or buildings in the same
district.
79
Planning Report - Roeske Variance
May 6, 2003
Page 2
e. The variance requested is the minimum variance which would alleviate the hardship.
f. The variance would not be materially detrimental to the purposes of this Code or to
property in the same zone.
CODE REpUIREMENTS
Chapter 11.60 Subdivision SE, bulk standards for R-1 zoning district include a maximum
building coverage of 20 percent.
BACKGROUND/HISTORY
The subject property was platted in 1980 as part of Brittany 2"d Addition. The property is zoned
R-1, Residential single family and has been developed accordingly.
EXISTING CONDITIONS
There is an existing single family home with an attached garage for a combined square footage of
2,175 on a 12,800 square foot lot. There is also a 150 square foot three season porch on the
south side of the house. The existing house is set back 32 feet from the front property line.
However, the existing attached garage is set back about 20 feet from the front property line. The
homes to the east and west also have attached garages about 20 feet from the front property line.
EVALUATION OF REQUEST
The applicant is requesting to increase the building coverage from 20 percent to 21.2 percent
with a garage addition. The garage addition is proposed to be constructed on the east side of the
existing garage staggered back from the existing garage about 3 feet and extending to the rear of
the house. The additional stall is proposed to be 11 feet by 36 feet and have a setback of about
22 feet. Considering the existing garage and adjacent garages have a setback of about 20 feet this
will be consistent with the established setbacks.
The two adjacent properties to the subject property have three stall garages. The neighborhood is
a mature neighborhood that originally developed the single family homes with two stall garages.
Over the years various properties have added a third stall to their exiting garage. A three stall
garage appears to be compatible in this neighborhood.
APPLICANT'S ESTIMATE OF HARDSHIP
"The house has a brick fireplace chimney on the east side. The location of the chimney limits
where the back of the garage can end. We determined the best option was to enclose the chimney
within the garage space and to have the back of the garage flush with the existing back of the
house. Placing the garage in front of the chimney results in a garage that is too short and
effectively creates a small patch of unusable yard space. We are trying to maximize our available
~D
Plamiing Report - Roeske Variance
May 6, 2003
Page 3
garage space while minimizing the elimination of usable yard space." The existing roofline of
the house is also a factor when adding an additional garage stall. By extending the peak and the
existing roofline the garage addition will blend well with the existing roof.
SUMMARY/CONCLUSION
The applicant proposes to add a third garage stall to the existing two car garage at 1644
Sherwood Way. The proposed third stall addition will exceed the maximum allowable 20
percent building coverage for a single family lot. It is calculated that the proposed addition will
impede on the maximum building coverage by about 1.2 percent.
ACTION TO BE CONSIDERED
To approve a Variance to the maximum 20 percent building coverage for a garage addition that
will result in a 21.2 percent building coverage at 1644 Sherwood Way, Lot 9, Block 1, Brittany
2n~ Addition.
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 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 materials and color of the addition shall match the existing principle structure.
3. The addition shall be subject to all other R-1, Single Family Residential zoning standards.
4. The garage addition shall be located as indicated on the plans dated April 7, 2003.
~/
lagan boundary
Location Map ~P~~: ~~~ ~'n'
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Development/Developer: Cal Roeske
Application: Variance
~~
Case No.: 33-VA-0404-03
Map Prepared ucinq ERSI NcView 3.7. parcel base map tlata provi
ny Dakota County Office of GIS and ie cumnt a of February 2007 ded
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THIS MAP IS INTENDED FOR REFERENCE USE ONLY W' E
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v ~ The City o} Eagan and Dakota County do not guarantee the accuracy of this Information and are S
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Variance Request -Written Narrative -Cal and Melissa Roeske
We are proposing to add an additional garage stall to our existing single family home located at 1644 Sherwood Way.
Eagan MN. The neighborhood is comprised of single-family homes built in the 1980s. The proposed project is
planned to begin and complete in 2003.
The proposed new gazage space would be l lft. by 36 ft. It would be attached to the existing two-stall garage on the
east side of the property The new garage would be staggered back approximately 3 feet from the front of the existing
garage and would extend to flush with the reaz of the house. The new gazage addition would be built on a space that is
currently yard.
Our plan is to extend the peak of existing roof of the gazage up to allow for the extra width in the front of the garage and
to extend the existing house roof for the reaz of the gazage. The goal is to essentially elegantly tie into the existing
roofing system and to mimic the look of many of the existing neighborhood homes.
Exterior of the garage will be finished to match the existing house siding. Front of the garage would be finished in
cedar with the other two sides finished with standard siding. Garage will be finished to match the existing house colors.
It is our understanding that the addition of this garage would cause us to cover more than 20% (about 21%) of our
property with building. hence the need for this variance.
The dimensions of the garage (narrow and long) were chosen for several reasons:
1. The house wac situated on the lot by the original owners builder such that there is only 16 feet available on the
east side of the house. This limited garage expansion options.
Given that a standard garage door is 8 feet, we felt that an eleven-foot garage width was the minimum required
in order to store a vehicle.
Also, after discussion with Eagan City Planners, it was determined that it would be impossible to get a vacation
of easement that would allow a garage any wider than 11 feet.
2. The house has a brick fireplace chimney on the east side. The location of the chimney limits where the back of
garage can end. We determined that best option was to enclose the chimney within the garage space and to
have the back of the gazage flush with the existing back of the house.
Placing the back of the garage in front of the chimney results in a garage that is too short and effectively
creates a small patch of unusable yard space. We are trying to maximize our available garage space while
minimizing the elimination of usable yard space.
3. The existing rooflines of the house limit how a garage addition can be added without looking azchitecturally
out of place. By extending the peak and the existing roofline, we believe that the new gazage space blends
extremely well with the existing roof system.
We have talked with the adjacent neighbor (Dave Keller 1640 Sherwood Way) about the project. Dave indicated that
he has no objections to the proposed garage addition.
We also feel that the addition of this garage space will have a positive neighborhood and community impact by
increasing the value of the property and by eliminating the need to store items outside.
If you have questions or concerns, please contact us.
Sincerely,
~.~
Cal and Melissa Roeske
1644 Sherwood Way
Eagan MN 55122
651 683-9346
g~
9523f3P11127
APR. 19. 2003 1:18PM PULTE HOMES N0. 511 P. 1
,PUB.LIC .d~EARINC NOTICE
Cl~"Y OF EAGAN'
TO Property Ownara within 360' of 1$44 ShenMOOd Wqy
APPLICANT; Cad Roaake
REQUEST: A Varienoe rogwat to exceed tha 20 percent let coverage allowed in a R-1
(Singls Famlly ReaidentW) zoning district.
LOCA710NlLEGAL .
DESCRIPTION: Lot 9, Block 1, Brittany 2nd Addition
TIME OF HEARING; City Council Meeting: Mey 8, 2003 et 6;30 pm
PLACE OF HEARING: City Nsll Counoit Chamben6, 3830 Pllot tCnob Road
HOW TO PARTICIPATE: 1, You may atband hearings and testify'
2. You mny send a letter baton the hesrtnp to the
Community Development Dapattment,
3830 Pibt Knob Road, Eagan, MN 56122 or fax tD (651) 675.5894
ANY OUESTIONB: Can tha Planning DQpartment at (861) 675.68118 or Sheds O'Bryan, the
Projaot Planner at (951) 675',~8g8 with tha following information:
DEVELOPMENT NAMEc Cal Roeske
CASE ~; 33-VA-04-04.03
CITY OF EAdAN Maria t~arfls - City Clark
The City of Eagan is committed to the policy that all penone hav! equal access to its programs, services,
aGtkvitles, hCilitiea and employment without rega~d to race, color, creed, religion, national origin, sex,
disat>;Ilty, age, Nxual orientrition, marital status Or status with regard to public usletance.
Au~oliary aids for persona with disat~ties w11 be provided upon adwnee notion of at Nast g8 hours. if a
notke of less than 98 hours is received, the City of Eagan wdl attempt to provide such aid,
6v~'ti - Aso ~o~t~,~~ ~/,~,e~s, s
IM.W:dI.:.."~~F••~'.2~li.Y y['I!'1~1W ,~'l Wl~i"A.!C~•~''.'Y.'~.L.:7.1.C:~~".':.7.'r'7u~:1i/.;."!!•:'!•L'.'.''.'.TC'~'1:8.:= ~.`laf':f'J9'61Y:.'S}1r. \.y: '~L ~. a'.G 7.: R!r4:/. :; 1•
1Nailing Date; Tucsdsy, ~rll T2, zoo3 • See 11lap on Rsverse Scale -
gs
Agenda Information Memo
May 6, 2003 Eagan City Council
E. EASEMENT VACATION, LOTS 1 & 2, BLOCK 1, HEINE 1sT ADDITION,
AND FINAL SUBDIVISION (HEINE 2D ADDITION) -BILL HEINE
ACTION TO BE CONSIDERED:
To approve the Vacation of public easements within Lots 1 & 2, Block 1, Heine 1St Addition and
authorize the Mayor and City Clerk to execute all related documents.
To approve a Final Subdivision (Heine 2°d Addition) to create two lots on approximately 1.6
acres located at 1480 and 1490 Diffley Road in the NE '/4 of Section 28.
FACTS:
• On May 16, 2001, City staff received a petition from Mr. Bill Heine, property owner at 1480
Diffley Road, requesting the vacation of the standard drainage and utility easements on the
common lot line of Lots 1 & 2, Block 1, Heine lst Addition, located south of Diffley Road
and west of Heine Strasse Road in south-central Eagan.
• The property owners propose to replat the property and a preliminary subdivision to
reconfigure the common lot line between the two lots was approved by the City Council on
August 20, 2002.
• Standard lot line drainage & utility easements will be dedicated along the new lot line with
the Heine 2"d Addition plat.
• All notices of the vacation request have been published in the legal newspaper and sent to all
potentially affected private utility owners informing them of this public hearing. No
objections have been received to date.
• This Vacation request has been reviewed by the Engineering Division and found to be in
order for favorable Council action.
• All documents and Agreements associated with the Final Subdivision are anticipated to be
signed and in order for execution at the regular meeting of the City Council.
ATTACHMENTS (3~:
Location Map, page d
Proposed Easement Vacation, page ~b
Final Plat, page
86
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Proposed Easement Vacation 4/20/03
City of Eagan Location Map
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Easements to be vacated: '
A drainage and utility easement over and across the south 5.0 feet
of Lot 1, Block 1, Heine First Addition, Dakota County lying 10.0 feet
west of the east line of said Lott. Also a drainage and utility easement
over and across Lot 2, Block 1, Heine First Addition, Dakota County
lying 10.0 feet west of the east line of t 2.
4/17/03
Lots , B{k. 1, Heine First Add. Fig.
City of Eagan Proposed Easement Vacation ~
HEINE 2ND ADDITION
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Agenda Information Memo
May 6, 2003 Eagan Cite Council Meeting
OLD BUSINESS
A. REVOCATION OF INTERIM USE PERMIT -CITY OF EAGAN
ACTION TO BE CONSIDERED:
To consider revocation of the Interim Use Permit for outdoor storage of equipment and
trailers approved on property owned by Mr. Jim Oberg, located south of Red Pine Lane
between Highway 3 and Biscayne Avenue in the SE '/4 of Section 36.
FACTS:
An Interim Use Permit was approved on October 1, 2002 to allow for outdoor
storage in a specific area for four trailers, four pieces of equipment, and 40 pallets
for parts storage, subject to conditions.
At the March 4, 2003 City Council meeting, the City Council considered
revocation due to the condition of the site in violation of the ICTP. Mr. Oberg
stated the items on the property would be scrapped and removed from the site by
April 1. The council determined that Mr. Oberg be allowed additional time to
bring his property into compliance. The council continued consideration of
revocation of the Interim Use Permit to the May 6, 2003 City Council meeting.
On April 21, 2003 a fire inspection was conducted in response to an unattended
fire that occurred at the site on April 19-20, 2003 which the fire department
responded to twice over that period. A smoldering fire pit was discovered with
items that included fiberglass, roof shingles, hoses, metal gears, metal bars, pallets,
a radiator, plastic, and a tree. A citation was issued by the Eagan Police
Department for illegal burning.
An inspection of the site on April 29, 2003 revealed the fire pit site had been
graded over. The tree which was part of the smoldering pit had been moved to
another location on the property. One piece of equipment was not stored within
the enclosure. Another pit (unburned) of lumber, brush, wood and concrete vas
discovered.
Items were stored in the bermed storage area including but not limited to 60-70
pallets of parts, 2 bobcats, 1 backhoe, 4 heavy equipment cabs, 1 heavy equipment
trailer, empty pallets, 4 barrels, a log splitter, a microwave, 2-5 gallon buckets, a
lawn swing, heavy equipment plows, 3-5 gallon buckets of used motor fluid, an oil
drip pan, a lawn furniture set (table & 5 chairs), 4 bar stools, 4 batteries, a lawn
mower, a chest freezer, 20 railroad ties, 2 semi trailers, 1 cargo storage trailer, and
a jar of used motor fluid. A pile of burned items was discovered between the lawn
90
mower and tarped pallets of parts that included welding rods and an aerosol can.
ATTACHMENTS (l )
Minutes from the March 4, 2003 City Council meeting on page ~,~e~g~--
4/
Eagan City Council Meeting Minutes
March 4, 2003
Page 5
CONSIDER REVOCATION OF INTERI'~I L'SE PERMIT -CITY OF EAGAIV
City Administrator Hedges discussed this item regarding the revocation of an Interim Use Permit issued to
Jim Oberg for non-compliance on property located in the SE '/4 of Section 36. Senior Planner Ridley presented
pictures of the site, indicating the non-compliance.
Mr. Oberg stated the items on the property will be scrapped and removed from the site by April l . He also
discussed future development plans for the property. He requested the Interim Use Pemut not be revoked.
Mayor Geagan and Councilmembers discussed the issue and concluded that Mr. Oberg be allowed
additional time to bring his property into compliance with the City Code and at such time, if the property is not in
compliance, action will be taken to revoke the permit.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to continue consideration of
revocation of an Interim Use Pernut (IUP) issued to Jim Oberg for property located in the SE '/, of Section 36, PID
10-03600-021-79 to the May 6, 2003 City Council meeting. Aye: 5 Nay: 0
COMMUNITY CENTER UPDATE
City Adnnistrator Hedges discussed recontrnendations made by the Operations Contnuttee regarding the
name for the bandshell and the Community Center logo, and Community Center fees, booking recommendations, and
scheduling. priorities.
Communications Director Garrison made a presentation regarding the proposed Conununity Center logo.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Community Center
lo~ao as recomrtiended by the Operations Conuiuttee ~~•ith slight amendment by Council. Aye: 5 Nay: 0
Cowuilmember Fields moved, Councilmember Tilley seconded a motion to approve a recon-tmendation by
the Operations Conututtee that the bandshell be named "The Eagan Bandshell at Central Park". Aye: ~ Nay: 0
Councilmember Tilley moved, Councilmember Maguire seconded a motion to continue consideration of the
Community Center fees, booking reconvnendations, and scheduling priorities for further review by the Operations
Convtuttee. Aye: S Nay: 0
LEGISLATIVE INTERGOVERNMENTAL AFFAIRS UPDATE
City Administrator Hedges discussed inviting Eagan's legislation delegation to attend a City Council
meeting. It was agreed that inviting the Legislators to a workshop would be more productive than a regular City
Council meeting.
Councilmember Tilley moved, Councilmember Fields seconded a motion to set a City Council workshop
for March 18, 2003 at 5:00 p.m.
ADMINISTRATIVE AGENDA
PROJECT 868, COACHMAN WATER TREATMENT PLANT
Public Vl'orks Director Colbert discussed the need for initiation of Quick Take Eminent Domain for 3.7
acres of land from Blue Cross Blue Shield adjacent to the ~~'ater Treatment Facility located on Coachman Road.
Councilmember Tilley moved, Councilmember Carlson seconded a motion to authorize the acquisition of a
3.7 acre portion of Parcel 10-01600-011-30 by Quick Take Enunent Domain. Aye: 5 Nay: 0
9~~
Agenda Information Memo
May 6, 2003, Eagan City Council Meeting
VII. NEW BUSINESS
A. INTERIM USE PERMIT - NORTHWOOD EQUITY LLC.
ACTIONS TO BE CONSIDERED:
To approve an Interim Use Permit to allow the temporary outdoor storage of vehicles on Lot 1,
Block 1, Northwood Business Park 2"d Addition, located at 3265 Northwood Circle.
FACTS:
• There is an existing building present on the site that is utilized as office/warehouse
space.
• American Red Cross and Midwest Special Services are two of the tenants requesting
outdoor storage.
• American Red Cross requests four spaces for their 40 foot blood mobiles, 15 spaces
for their 32 foot trucks, 30 spaces for vans, and 49 spaces for cars.
• Midwest Special Services request 8 spaces for their vans.
• The subject site is in a very isolated location and the proposed outdoor storage
appears to have little, if any, visibility from off the applicant's property. The
suitability of the storage and the proposed five-year term shall be determined by City
officials.
ISSUES
The request does not meet two of the standards for outdoor storage: 1.) The storage
will not be contained within an enclosure and; 2.) The storage area takes up required
parking spaces.
ATTACHMENTS (2): _
Planning Commission Minutes page(s)~-95
Planning Staff Report pages~through~Qtf
93
DRAFT
MINUTES OF A REGtiLAR MEETING OF THE
EAGAI\' ADVISORY PLANNING COMMISSION
EAGA_N, MINNESOTA
Apri122, 2003
A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, April 22, 2003 at 6:30 p.m..
at the Eagan Municipal Center. Present were Chair Huusko, Members Steininger, Heyl, Hansen, Bendt, Gledhill,
and Miller. Also present were Senior Planner Mike Ridley, Planner Pam Dudziak, Planner Sheila O'Bryan, City
Attorney Bob Bauer, Assistant Engineer John Gorder and Recording Secretary Camille Worley. Member
Steininger left at 7:00 p.m.
AGENDA
Senior Planner Ridley explained that the applicant has requested that item A- Northwood Equity LLC be postponed
until the end of the meeting.
Member Bendt moved, Member Steininger seconded a motion to adopt the Agenda as amended.
Al] voted in favor. Motion carried 7-0.
March 25, 2003 ADVISORY PLANNING COMMISSION MEETING MINUTES
Member Miller moved, Member Bendt seconded a motion to approve the March 25, 2003 Advisory Planning
Commission meeting minutes.
All voted in favor. Motion carried 7-0.
III. PUBLIC HEARINGS
A. INTERIM USE PERIViIT - NORTHWOOD EOUITY LLC
An Interim Use Permit to allow the temporary outdoor storage on Lot 1, Block 1,
Northwood Business Park 2"d Addition, located at 3265 Northwood Circle in the SE '/4 of
Section 10.
This item was discussed after items B through F.
Planner O'Bryan introduced this item and highlighted the information presented in the City Staff report
dated April 3, 2003. She noted the background and history.
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 Gledhill explained that there is no visible reason to deny the proposal, however he is concerned
with the parking situation. He recommended that condition three be modified to read: "The Interim Use
Permit shall be subject to 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/modified if
parking becomes problematic o~- for failure to comply with any condition of the permit following notice
9y
City of Eagan
Advisory Planning Commission Meeting Minutes
April 22, 2003
Page 2
of the noncompliance and a hearing by the City Council with all interested parties being given an
opportunity to be heard."
Member Gladhill also recommended that condition seven be modified to read: "All vehicles shall be
properly licensed and roadworthy."
Member Gladhill moved, Member Heyl seconded a motion to approve an Interim Use Permit to allow
the temporary outdoor storage on Lot 1, Block 1, Northwood Business Park 2°d Addition, located at 3265
Northwood Circle in the SE'/~ of Section 10 subject to the following conditions as amended:
1. The American Red Cross is limited to four blood mobiles that are 40 feet in length, 15 trucks
that are 32 feet in length, 30 vans and 49 cars for outdoor storage associated with this NP.
2. Midwest Special Services is limited to eight vans for outdoor storage associated with this IUP.
3. The Interim Use Permit shall be subject to 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/modifred if parking becomes problematic or for failure to comply with
any condition of the permit following notice of the noncompliance and a hearing by the City
Council with all interested parties being given an opportunity to be heard.
4. The IUP shall be recorded at Dakota County within 60 days of approval by the City Council.
and proof of recording submitted to the City.
5. The IUP shall terminate on May 6, 2008.
6. The outdoor storage shall occur in the designated storage areas as indicated on the site plan.
7. All vehicles shall be properly licensed mid roadworth~~.
All voted in favor. Motion carried 6-0.
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: April 3, 2003
APPLICANT: James Ostenson
CASE: 10-lIv -02-03 -03
HEARING DATE: April 22, 2003
PROPERTY O«'NER: Northwood Equity LLC APPLICATION DATE: March 19, 2003
REQUEST: Interim Use Permit
PREPARED BY: Sheila O'Bryan
LOCATION: 3265 Northwood Circle
COi`IPREHENSI`'E PLAN: SA, Special Area 4
ZONING: BP, Business Park
SUMMARY OF REQUEST
Northwood Equity LLC is requesting an Interim Use Permit to allow outdoor storage of vans
and trucks overnight located at 3265 Northwood Circle, Lot 1, Block 1, Northwood Business
Park 2n~ Addition in the SE '/4 of Section 10.
AUTHORITY FOR REVIE`~"
City Code Chapter 1 1, Section 11.50 Subdivision 6 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 bulk and
performance standards of the zoning regulations herein;
B. The date or event that will terminate the use can be identified with certainty;
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.
9~
Planning Report -?`orthw•ood Equiry
April 22, 2003
Page 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. ~"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. Vl-'ill 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. ~~'ill have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets.
G. `~"ill 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 perniits, 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 subject property is part of the Northwood Business Park 2"d Addition. The property is
considered Northwood Business Park Phase II.
97
Planning Report -\orthwood Equity
April 22, 2003
Page 3
EXISTING CONDITIONS
There is an existing building present on the lot that .vas built in 2001. The building is about
47,635 square feet and is used as officehvarehouse space for three tenants; American Red Cross.
Midwest Special Services and Formula Corp. There is also vacant space for lease. There are
currently vehicles being stored on site during the day and overnight.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
sub'ect ro ert
Existing Use Zoning Land Use
Desi nation
?Forth Vacant I-1, Limited Industrial IND, Industrial
South Office~'w~arehouse BP, Business Park SA, S ecial Area
East ~ Lexington Avenue ! Right-of--way Right-of-wa
~~'est Commercial warehouse
Home De of PD, Planned
Develo ment SA, Special Area
E~"ALUATION OF REQUEST
Compatibility with Surrounding Area -This property is some what secluded and is immediately
surrounded by similar uses. Home Depot to the west of this site has outdoor storage of
merchandise in a fenced in area. The applicant is proposing to park and store vehicles in the
parking lot, ~;•hich ~~•ill represent the only outside storage associated with this property. The APC
and City Council will need to determine the compatiblity with the surrounding area on a
temporar}• basis.
Site Plan -The site plan indicates the vehicles for storage will be parked on the north, northeast
and northwest sides of the parking lot. American Red Cross requests 98 parking spaces for their
various vehicles. They will need four spaces for their 40 foot blood mobiles, 15 spaces for their
32 foot trucks, 30 spaces for vans, and 49 spaces for cars. Midwest Special Services requests
eight parking spaces for their vans. After the outdoor storage spaces are calculated that leaves
101 parking stalls to accommodate the other parking. Overall the site contains 207 parking
stalls.
Landscaping -Additional landscaping is not required at this time.
Outdoor Storage - In addition to the requirements for a conditional use permit listed above, City
Code Section 11.70 lists performance standards for outdoor storage as follows:
1. Outdoor storage items shall be placed tivithin an enclosure as necessary to achieve
appropriate securitt• and containment or for public safety reasons when determined
necessary bti~ the citti•. In General Btsiness (GBH and Conantulliti• Shopping Center (CSC
~0111)Ig d1Si1"ICIS, the enclosure shall be attached to the principal building and be
9~
Planning Report -Northwood Equity
April 22, ?003
Pace 4
constructed of materials ti~~hich are aestheticall~• compatible titi•ith the principal building.
In Limited Industrial (1-1) and General Industrial (I-2) zoning districts, the enclosure
Wray be detached from the principal building. The proposed storage area is not enclosed.
The proposed items to be stored outside are various vehicles, it does not seem necessary
to store them in an enclosure; considering the vehicles will be in and out of the lot on a
daily basis.
2. The storage area shall be located in the side or rear yards and shall not encroach into
a~{v required front building setback area or other required setbacks. The proposed
storage area is located on the north (rear) side of the property. The proposed area does
not encroach into any required front building setback area or other required setbacks.
The outdoor storage area shall be screened from view from the public right-of--way and
iron: an~• adjacent property tivhich is designated for residential uses in the Comprehensive
Grtide Plart. The proposed storage area is screened from the public right-of--way by the
existing building. The storage area is not adjacent to property designated for residential
uses. There is existing landscaping to the east and west that provides some screening.
The applicant did indicate that more landscaping could be installed on the east or west
side if necessary for screening purposes.
4. The storage area shall trot interfere with ant• pedestrian or vehicular movement. The
storage area is located to the rear of the property occupying parking stalls and does not
appear to interfere with pedestrian or vehicular movement.
The storage urea shall not take up required parking spaces or landscaping areas. Phase
II of Northwood Business Park was approved with 207 parking stalls. The parking is
shared by all tenants except the designated outdoor storage area. American Red Cross
proposes to occupy 98 parking stalls with their outdoor storage vehicle parking and
Midwest Special Services proposed to occupy 8 parking stalls with their outdoor storage
vehicle parking. Leaving 101 unoccupied parking stalls. The outdoor storage vehicles
~t•ill not always be parked there during business hours, this will free up some parking.
The applicant feels there is more than enough parking left over after the outdoor storage
parking stalls are removed from the equation. Based on use breakdown for each tenant
the parking requirements are as followed (based on total square footage) American Red
Cross is a warehouse/office use and requires a total of 88 parking stalls. Midwest Special
Services is an office use and requires 63 parking stalls. Formula Corp is an office use and
requires 25 parking stalls and the space for lease w•ouId be an office use and would
require 58 parking stalls for a grand total of 23-I parking stalls. These calculations are
based on square footages and uses and are not net leasable areas.
6. The storage area shall be surfaced with concrete or an approved equivalent to control
dust and erosion. The surface shall be properly »:airttained to prevent deterioration.
The areas proposed for vehicle storage are paved and no new grading is proposed.
SLTMIIARY/CONCLUSION
99
Planning Report -tiorthwood Equity
Apri] 22. 2003
Paee ~
The subject site is zoned Business Park and outdoor storage is prohibited in this zoning district.
The applicant is requesting approval of an Interim Use Permit to allow for outdoor storage of
over 100 vehicles until May of 2008. The request does not meet two of the standards for outdoor
storage: l .)The storage will not be contained within an enclosure and; 2.) The storage area takes
up required parking spaces.
The subject site is in a very isolated location and the proposed outdoor storage appears to have
little, if any, visibility from off the applicant's property. The suitability of the storage and the
proposed five-year term shall be determined by City officials.
ACTION TO BE COIV`SIDERED
To recommend approval of an Interim Use Permit to park and store to allow outdoor storage of
vans and trucks overnight located at 3265 Northwood Circle, Lot 1, Block 1, Northwood
Business Park 2n~ Addition in the SE '/4 of Section l O located at 3265 Northwood Circle.
The American Red Cross is limited to four blood mobiles that are 40 feet in length, 15
trucks that are 32 feet in length, 30 vans and 49 cars for outdoor storage associated with
this IUP.
2. Midwest Special Sen•ices is limited to eight vans for outdoor storage associated with this
ILTP.
The Interim Use Permit shall be subject to administrative review. The purpose of such
review shall be to determine that the conditions of the permit are within compliance. The
interim use permit maybe revoked for failure to comply with any condition of the permit
following notice of the noncompliance and a hearing by the City Council with all
interested parties being given an opportunity to be heard.
4. The IUP shall be recorded at Dakota County within 60 days of approval by the City
Council, and proof of recording submitted to the City.
5. The IUP shall terminate on May 6, 2008.
6. The outdoor storage shall occur in the designated storage areas as indicated on the site
plan.
/~
James Development Company
DATE:
TO:
FROM:
RE:
ZONING
Business Park
James L. Ostenson 7808 Creekridge Circle, Suite 310
March 17, 2003 President Bloomington, Minnesota 55439
(952)941-7805
Fax (952)941-7853
Planning Commission
Eagan City Council
Jim Ostenson, Northwood Equity, LLC
Interim Use Permit
~~
-~
REQUEST
While we are certainly aware that outside storage of materials is not permitted within
Business Park zoning, we were not aware that our tenants could not park vehicles
overnight. We have two tenants, Midwest Special Services and American Red Cross,
which park vehicles overnight.
Midwest Special Services is an adult daycare facility for retarded adults and they will
park 8 vans, which they use to pick up and deliver their patients. American Red Cross
has several vans and a few trucks that are used in the distribution of supplies.
Because of the specialized nature of their businesses, both tenants have invested
significant monies in their spaces, over-and-above normal tenant improvement
allowances. Their intent is to remain at these premises, past the existing 5-year lease, in
order to sufficiently recoup their investment.
Our request is that Midwest Special Services and American Red Cross be granted an
Interim Use Permit for the period of time they occupy these premises.
EXISTING LAND USES
The other tenant in the building is an office-use and the vacant space will also be an
office-use.
SURROUNDING LAND USES
Northwood Business Center presently contains two office/warehouse buildings and
could, potentially, contain two more buildings, totaling about 160,000 square feet of
space in the business park. To the west about 300 feet, Home Depot occupies almost 20
acres. On the north, separated by a 200-400 foot buffer, is the U.S. Postal Service bulk
mail facility. Lexington Avenue is on the east and Northwood Parkway is on the south.
There are no residential uses within view or in close proximity to this property.
/b/
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Agenda Information Nlemo
IVtav 6, 2003, Eagan City Council Meeting
B. REZONING AND FINAL PLAT (CHILDREN'S THERAPY ADDITION)
ACTIONS TO BE CONSIDERED:
To approve a Rezoning from T, Transitional to ?~B, Neighborhood Business and a Final Plat
(Children's Therapy Addition) to create one lot located at 2700 block Pilot Knob Road in the NE
'/< of Section 4.
FACTS:
• The property is vacant.
• The property is Zoned T, Transitional and Guided OS, Office Service, the applicant is
requesting to rezone the property to NB, Neighborhood Business.
• The proposed use is a therapy center for children.
• There is 75 feet of proposed right-of-way dedicated along Pilot Knob Road.
ISSUES
City staff has further reviewed the location of the proposed access location on to Pilot
Knob Rd with Dakota County Transportation Department and suggest that the portion of
Condition 7 of the staff report reading "except in the location of a driveway in the
southeast corner of the site" be deleted. This provides for a temporary access in the
northeast corner of the property, as shown on the preliminary site plan. This access
location will allow for adequate present vehicle circulation and when a possible City
street (McNally} is provided in the northwest corner of the development. This revision
accurately reflects the Dakota County Plat Commission's requirements of Preliminary.
Plat approval.
ATTACHMENTS (2):
Planning Commission Minutes page (s) -/0
Planning Staff Report pages/through
dos
City of Eagan ~. • ~-~,. ,~ ,r.
Advisory Planning Commission Meeting Minutes ~ ~ -a ~~-..a ~° T
April 22, 2003
Page 3
B. REZONING & FINAL PLAT -CHILDREN'S THERAPY CENTER
A Rezoning of approximately 1.5 acres from T (Transitional) to NB (Neighborhood
Business) and a Final Plat to create one lot for a Children's Therapy Center located on
Pilot Knob Road in the NE '/4 of Section 4.
Planner O'Bryan introduced this item and highlighted the information presented in the City Staff report
dated April 15, 2003. She noted the background and history.
Applicant Tom Immen stated concern with the access to Pilot Knob, and pointed out an existing curb cut.
He explained that he was advised to align the driveway with Avalon Avenue, He would like to use the
existing curb cut because it is existing and the County will not allow permanent access on Pilot knob and
would like the west side of the property to provide access for future McNally street. He did propose a
shared drive easement with the neighboring property owner (Eric Drenckhahn). The neighbor was not
interested in sharing an access. Immen thought that a share access was being required, however it was not
being required at this time. He stated disagreement with realigning the driveway with Avalon for
temporary access, he did not have a problem realigning the access with Avalon if it could be permanent
and not temporary.
Chair Huusko opened the public hearing
T~vo residents came forward to express their concern for the type of children that will be treated and the
type of treatment provided at the center.
There being no further public comment, Chair Huusko closed the public hearing and turned the discussion
back to the Commission.
Planner O'Bryan stated the children would be of elementary age and suggested that the applicant address
the type of therapy and the age range.
Sue Locker, owner of Children's Therapy Center, explained that physical, occupational, and speech
therapy would be provided. She stated the children would be between toddler and elementary age.
Member Miller asked what length of time the children would be staying at the center.
Ms. Locker stated the childrren receive treatment up to two hours per day and are supervised the entire
time.
Member Bendt inquired about the center's hours of operation.
Ms. Locker stated the maximum hours of operation would be 7:30 a.m. to 7:00 p.m., however the
majority will be 8:00 a.m. to 5:00 p.m.
Member Gladhill asked if a protective mechanism could be applied to protect against future owners
usage.
City Attorney Bob Bauer stated a protective mechanism could not be applied.
/06
City of Eagan
Advisory Planning Commission Meeting Minutes ~_~?
Apri122, 2003
Page 4
Member Steininger moved, Member Heyl seconded a motion to approve a Rezoning of approximately
1.5 acres from T (Transitional) to NB (Neighborhood Business) to create one lot for a Children's Therapy
Center located on Pilot Knob Road in the NE '/4 of Section 4.
Al] voted in favor. Motion carried 7-0.
Member Steininger moved, Member Heyl seconded a motion to approve a Final Plat to create one lot for
a Children's Therapy Center located on Pilot Knob Road in the NE '/4 of Section 4 subject to the
following conditions:
The developer shall comply with these standards conditions of plat approval as adopted by
Council on February 2, 1993: A1, B1,2,3 C1,2 D1 E1
The property shall be platted.
Green space coverage and building coverage shall be shown on plans submitted for building
permit.
4. Certified landscape plan shall be submitted with building permit.
The developer shall insure that the building plans, materials and construction of the building
improvements are such that they will provide an interior sound level of 45 dBA as compared with
a noise level of 70 DNL
The developer shall acquire all necessary Dakota County Transportation Department permits
for access and work within the right-of-way prior to building permit approval.
The final plat for this development should dedicate restricted access onto Pilot Knob Road,
except in the location of a driveway in the southeast corner of the site.
A tree preservation plan will be required at the time of building permit application.
All standard building and parking setbacks shall be met.
All voted in favor. Motion carried 7-0.
/o ff
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: April 15, 2003
APPLICANT: Children's Therapy Center
CASE: 04-RZ-02-03-03
04-FP-03-03-03
HEARING DATE: April 22, 2003
PROPERTY OWNER: Miv' Life Insurance Co APPLICATION DATE: March 19, 2003
REQUEST: Rezoning and Final Plat
PREPARED BY: Sheila O'Bryan
LOCATION: 2700 block of Pilot Knob Rd
COMPREHENSIVE PLAN: OiS, Office Ser<•ice
ZONING: T, Transitional
SUI\Ii\IARY OF REQUEST
Children's Therapy Center is requesting a Rezoning of 1.5 acres from T (Transitional) to NB
(Neighborhood Business) and a Final Plat (Children's Therapy Addition) to create one lot for a
Children's therapy center, located north of Avalon Avenue on the west side of Pilot Knob Road
in the ?~'E '/~ of Section 4.
AUTHORITY FOR REVIE«'
Rezoning:
City Code Chapter 11, Section 11.40, Subd. 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 City Council shall not rezone any land or area in any zoning district or make any
other proposed amendment to the zoning ordinance without first having referred it to the
planning commission for its consideration and recommendation.
/08
Planning Report -Children's Therapy
April 22, 2003
Page 2
Final Plat:
City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission
and the Council shall be guided by criteria, including the following, in approving, denying or
establishing conditions related thereto:
A. That the proposed subdivision does comply with applicable City Code provisions and the
Comprehensive Guide Plan.
B. That the design or improvement of the proposed subdivision complies with applicable
plans of Dakota County, State of Minnesota, or the Metropolitan Council.
C. That the physical characteristics ofthe site including, but not limited to, topography,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage
and retention are such that the site is suitable for the type of development or use
contemplated.
D. That the site physicall}' is suitable for the proposed density of development.
E. That the design of the subdivision or the proposed improvement is not likely to cause
environmental damage.
F. That the design of the subdivision or the type of improvements is not likely to cause
health problems.
G. That the design of the subdivision or the improvements will not conflict ~~-ith easements
of record or with easements established by judgment of court.
H. That completion of the proposed development of the subdivision can be completed in a
timely manner so as not to cause an economic burden upon the City for maintenance,
repayment of bonds, or similar burden.
I. That the subdivision has been properly planned for possible solar energy system use
within the subdivision or as it relates to adjacent property. (Refer to City Handbook on
Solar Access).
That the design of public improvements for the subdivision is compatible and consistent
with the platting or approved preliminary plat on adjacent lands.
K. That the subdivision is in compliance with those standards set forth in that certain
document entitled "City of Eagan Water Quality Management Plan for the Gun Club
Lake Watershed Management Organization" which document is properly approved and
filed with the office of the City Clerk hereinafter referred to as the "Water Quality
Management Plan". Said document and all of the notations, references and other
/0 9
Planning Report -Children's Therapy
Apri122, 2003
Page 3
information contained therein shall have the same force and effect as if fully set down
herein and is hereby made a part of this Chapter by reference and incorporated herein as
fully as if set forth herein at length. It shall be the responsibility of the City Clerk to
maintain the Water Quality Management Plan and make the same available to the
public."
BACKGROUND/HISTORY
The subject property was originally zoned Agriculture, in September 2002 a city wide zoning
map update was executed. During this process the subject property was updated from
Agriculture zoning to Transitional zoning. Transitional zoning was given to various parcels
throughout the City that were inconsistent with the adopted Comprehensive Guide Plan land use
designations. The Transitional zoning allows for continued present use of a parcel of land until
such time market forces warrant a chance to a use consistent with the Comprehensive Guide Plan
land use designation.
EXISTING CONDITIONS
The property is vacant and unplatted. There are some trees present and various vegetation.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
Existing Use Zoning Land Use
Desi nation
North Single family T, Transitional O; S, Office Service
dwellin
South Single family R-1, Residential LD, Low Density
dwellin Sin le District Residential
East Office PD, Planned BP, Business Park
Develo ment
West Office PD, Planned O/S, Office Service
Develo ment
EVALUATION OF REQUEST
I. Rezoning
Comprehensive Guide Plan -The Land Use Plan map indicates this property is designated O/S,
Office Service, which provides areas for office and lower intensity retail business. The applicant
proposes to rezone the property from T, Transitional to NB, Neighborhood Business and develop
a physical therapy center for children. The proposed zoning is consistent with the Land Use
Designation. Professional offices, medical clinics, day care centers, dry cleaners and banks are
examples of uses allowed in this category.
//o
Planning Report -Children's Therapy
April 22, 2003
Pase 4
II. Final Plat
Compatibility with Surrounding Area -The properties to the north and west of the subject
property have a Comprehensive Land Use Plan designation of Office Service the subject property
is also guided Office/Service. The property directly to the north is zoned Transitional, the
property to the north of said property is zoned NB, Neighborhood Business, which was recently
rezoned from Transitional. The proposed use is consistent with Neighborhood Business zoning
district and Office Service Land Use Designation and is compatible with the surrounding zoning
districts and uses.
Airport Noise Considerations -The City of Eagan considered airport noise as a factor in its
Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter
of its Metropolitan Development Plan that anticipates the impacts from the continued operation of
the airport at its current location. The noise policy contours in Eagan place the subject property
within Noise Zone 3. Within this area, medical, health and educational services would be
provisional uses, meaning that it must comply with certain structural performance standards to be
acceptable according to MS 473.192. In particular, the building plans, materials and construction
should be such that they will insure an interior sound level of 45 dBA as compared with a noise
level of 70 DNL (based on the inside boundary of the noise zone). This would require an inside
noise level reduction of at least 25 dBA as compared with the noise level at the inner boundary of
the noise zone.
Density - There is not specific density requirements for Neighborhood Business zoning.
However, there is a 30% green space requirement and 20% building coverage maximum
regulation. These calculations are not shown on the submitted plans.
Lots -The Neighborhood Business district does not have a minimum lot size requirement. After
right-of--way dedication the lot would be approximately 67,320 square feet.
Landscaping - A landscape plan was not submitted with the application and will be required at
the time of building permit.
Gradino/Storm Drainage -Grading and drainage issues will be addressed with the building
permit application.
~'Vetlands!Water Qualm -There are no wetlands located on this property. Water quality cash
dedication will be addressed at the time of building permit.
Utilities -Utilities will be addressed with the building permit.
StreetlAccess/Circulation -The driveway access configuration shown on the preliminary site plan
is not acceptable. Public street access is proposed via driveway access onto Pilot Knob Road
(County Road No. 31) in the northeast corner of the property. To reduce conflicts of vehicles
exiting and entering the development, the driveway access for development on this site should
align with Avalon Avenue across Pilot Knob Road. The developer should acquire all necessary
~~~
Planning Report -Children's Therapy
Apri122, 2003
Page 5
Dakota County Transportation Department permits for access and work within the right-of--way
prior to building permit approval.
Easements/Rights of Way/ Permits - To allow for possible future expansion of Pilot Knob Road
(Dakota County Road 31), the Dakota County Plat Commission requires the developer to
dedicate an additional 25 feet ofright-of--way along the east edge of the site abutting Pilot Knob
Road, as shown on the preliminary plat. Drainage and Utility easements are not shown on the
plat.
The final plat for this development should dedicate restricted access onto Pilot Knob Road,
except in the location of a driveway in the southeast corner of the site.
Tree Preservation -Tree preservation issues will be addressed at the time of building permit.
Parks and Trails -Park and Trail dedication will be addressed at the time of the building permit.
Setbacks -Pilot Knob Road requires a building setback of 50 feet, the site plan demonstrates the
building will meet this requirement. The Neighborhood Business district requires a building
setback of 30 feet when adjacent to a property guided for residential use. The property to the
south is guided for residential use; the site plan indicates a setback of 20 feet. The proposed
building should meet the 30 foot setback. The rear and side (north side) setbacks are not
indicated on the site plan, according to scale they meet the rear and side yard requirements. The
proposed parking area meets setback requirements.
Building Architecture/Nlaterials -The site plan indicates the roof will consist of asphalt shingles,
and the building will have Eifsr`cementious integral color exterior walls, clear glass with grid
windows and brick or a cultured stone base.
Sim e -The submitted plans do not indicate any signage. Signage will be reviewed upon sign
permit application.
Li htina -The site plan indicates that exterior lights are to be mounted on the building. Section
11.70 Subdivision 19(D)(9) addresses lighting. On-site lighting shall be provided as is necessary
for security, safety and traffic circulation. Such illumination shall be indirect and diffused or
shielded. Lighting shall not be directed upon public rights-of--way or adjacent properties and the
source of light shall not be visible from off the property.
SU1yIiVIARY/CONCLUSION
The applicant is requesting a Rezoning of 1.5 acres from Transitional to Neighborhood business
and a Final Plat (Children's Therapy Addition) to create one lot for a Children's Therapy center.
The proposed project lies within zone 3 of the airport noise policy contours for the City of Eagan.
The building plans, materials and construction should be such that they will insure an interior sound
level of 4~ dBA. Alternative access to the property from Pilot Knob Road should be considered
pia
Planning Report -Children's Therapy
April 22, 2003
Pace 6
with the possibility of lining up with Avalon Avenue. Overall the proposed development seems
compatible with the surrounding area.
ACTION TO BE CONSIDERED
To recommend approval of a Rezoning of 1.5 acres from T (Transitional) to NB (Neighborhood
Business) located north of Avalon Avenue on the west side of Pilot Knob Road in the NE '/.~ of
Section 4.
To recommend approval of a Final Plat (Children's Therapy Addition) to create one lot for a
Children's therapy center, located north of Avalon Avenue on the west side of Pilot Knob Road
in the NE '/4 of Section 4.
If approved, the following conditions should apply:
l . The developer shall comply with these standards conditions of plat approval as adopted by
Council on February 2, 1993: A1, B1,2,3 C1,2 D1 E1
2. The property shall be platted.
3. Green space coverage and building coverage shall be shown on plans submitted for
building permit.
4. Certified landscape plan shall be submitted with building permit.
~. The developer shall insure that the building plans, materials and construction of the building
improvements are such that they ~~ill provide an interior sound level of 45 dBA as
compared with a noise level of 70 D1VL
6. The developer shall acquire all necessary Dakota County Transportation Department
permits for access and work within the right-of--way prior to building permit approval.
7. The final plat for this development should dedicate restricted access onto Pilot Knob
Road, except in the location of a driveway in the southeast corner of the site.
8. A tree preservation plan will be required at the time of building permit application.
9. All standard building and parking setbacks shall be met.
//3
FINANCIAL OBLIGATION-Children's Therapy Center Rezoning
There are pay-off balances of special assessments totaling $-0- on the parcel proposed for
rezoning. The pay-off balance will be allocated to the lots created by the plat.
At this time, there are no pending assessments on the parcel proposed for rezoning.
This estimated financial obligation is subject to change based upon the areas, dimensions
and land uses contained in the final plat.
Based upon the study of the financial obligations collected in the past and the uses
proposed for the property, the following chazges aze proposed. The chazges are
computed using the City's existing fee schedule and for the connection and availability of
the City's utility system. The charges will be computed using the rates in effect at time of
connection ie: with the issuance of the building permit.
IMPROVEMENT USE RATE
Water Lateral C/I $30.55/F.F.
Water Trunk C/I 2,115/AC
Water Availability C/I 3,330/AC
Sanitary Sewer Lateral C/I 24.00/F.F.
Storm Sewer Trunk C/I .13875/SQ.FT
Storm Sewer Lateral C/I 27.25/F.F.
Total
QUANTITY AMOUNT
264 F.F. $7,943
1.54 AC 3,257
1.54 AC 5,128
132 F.F. 3,168
67,320 SQ. FT 9,341
264 F.F. 7,194
$36,031
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1000 0 1000 2000 Feet
s Therapy Center
~ 8 Final Plat
~ /
-03-03
1 Pnpand ulmp ER51 NcVNw ].l. PareN eaN map mu WovlGo
I Oakota County GMIN of G13 and b current a of febwry 1003. V
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THIS MA/ IS INTENOEO fOR REFERENCE USE ONLY
Dakota County do not yuersntee the lecarlcy of this Information and are
not responsible for anon er omllelons.
q
[arch 26, 2003
Sheila O~Bryan
City of Ewan
3330 Pilot Knob Road
Eagan, IVIN »122-1897
~~`~ '~--
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ay _
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Re: Children's Therapy Center -Rezoning Application
Dear Sheila:
We are pleased to submit the following information to complete our Development Application.
Project Narrative:
SRL Properties requests a change in zoning from Transitional to Neighborhood Business. The zoning change
~ti ill permit the construction of a single story office building to be occupied by Children's Therapy Center. For
more information please see the enclosed brochure on Company. The Neighborhood Business zoning is
consistent with the Comprehensive Guide Plan Designation of Office Service currently shown for the property.
The site is currently vacant. Construction would be expected to commence in late summer 2003 with
completion by year-end 2003. The initial structure is expected to be approximately 5,000 square feet with
future expansion of the existing building of up to 7,000 square feet for a total building size of 12,000 square
feet.
Clean Plat:
Enclosed are t~~o full size copies along with one reduced copy of the preliminary plat of the Children's
Therapy Addition prepared by Sunde Land Surveying Company.
Dakota County RO~~' dedication:
As we discussed, you will be submitting the information to Dakota County for the ROW dedication. We have
been advised from the county that the submittal needs to be made through the city. We have had preliminary
discussions with the adjacent property owner regarding a shared driveway easement which would be aligned
with Avalon Avenue. At the present time, we are not confident an agreement can be made for the easement.
Therefore, we have retained the current curb-cut at its existing location. ,
If you need any additional information, please do not hesitate to call. We look forward to working with the city
on the approvals needed for the development of Children's Therapy expanding clinic in Eagan.
Sincerely,
,~~
Thomas P. Immen
Vice President -Brokerage Services
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Agenda Information Memo
Nlay 6, 2003, Eagan City Council Meeting
C. PRELIMINARY SUBDIVISION (RIVER RUN ADDITION)
ACTIONS TO BE CONSIDERED:
To approve a Preliminary Subdivision (River Run Addition) to create two single family lots,
and a Variance of 38 feet to the required 50 foot right-of--way setback for the existing house
located at ?987 Pilot Knob Road.
FACTS:
• The property has an existing single family home present on the northern half of the lot
that has an existing front yard setback of 38 feet.
• The right-of--way dedication for Pilot Knob Road is 25 feet. After dedication the existing
house will have an approximate 12 foot setback.
• The proposed lots will be about 16,500 square feet each.
• This development is in noise zone four and is subject to the eight findings listed in the
staff report.
• Existing access on Pilot Knob Road should be closed upon development and a shared
driveway shall be installed.
ISSUES
Dakota County is requiring a shared driveway for access. The driveway shown on the
submitted plan is not approved as shown. The driveway split must be reconfigured to be
on the properties and not in the proposed right-of--way.
ATTACHMENTS (2):
Planning Commission Minutes page (s) "~a~
Planning Staff Report pages~~through S
/ao
City of Eagan
Advisory Planning Commission Meeting Minutes '~ r, !~`
April 22, 2003 ~ ~ ~'''d
Page 5
C. PRELIMINARY SUBDIVISION -RIVER RUN PROPERTIES
A Preliminary Subdivision (River Run Addition) of Lot 2, Zehnder Acres to create two
single family lots, Located at 2987 Pilot Knob Road in the SE !~4 of Section 4.
Planner O'Bryan introduced this item and highlighted the information presented in the City Staff report
dated April 16, 2003. She noted the background and history.
Kim Knutson, River Run Properties explained that her business is to create homes and assure proper
location for homes. She described the proposal for the shared driveway based on County
recommendation. Knutson also expressed they would prefer to use the existing curb cut for the proposed
house and not close off the 2 existing curb cuts to create one with a shared driveway. She feels that the
existing house will have a hard time maneuvering the car with into the garage with the proposed shared
driveway.
Chair Huusko opened the public hearing.
Resident Jim Osland stated concern for the drainage of the proposed driveway.
There being no further public comment, Chair Huusko closed the public hearing and turned the discussion
back to the Commission.
Assistant Engineer John Gorder explained the general pattern for the drainage and stated the general plan
will accommodate the drainage for the driveway. Plans will be submitted with building permit application
for further review. He stated Mr. Oslands's property should not be affected by the drainage.
Member Gladhill asked if the applicant has a buyer for the property and their plan to deal with airport
noise.
Ms Knutson stated there is not a current buyer. She explained that the airport noise will be disclosed to
the buyer and the home will be properly sound insulated.
Member Miller inquired about the size of the home.
Ms. Knutson explained that the home would have three bedrooms and some unfinished space. She
described the area on the property in which the home will be placed.
Member Steininger asked what the applicant would do if the County denies the access permit.
Ms. Knutson stated measures are being taken to assure the best plan.
Member Heyl stated support for the proposal; she stated the existing access should be used because it was
previously granted.
Member Heyl moved, Member Bendt seconded a motion to approve a Preliminary Subdivision (River
Run Addition) of Lot 2, Zehnder Acres to create two single family lots, located at 2987 Pilot Knob Road
in the SE'/4 of Section 4 subject to the following conditions:
jai
City of Eagan
Advisory Planning Commission Meeting Minutes "" "~ r ~'''~
April 22, 2003
Page 6
The developer shall comply with these standards conditions of plat approval as adopted by
Council on February 2, 1993: A1, B1, 3, C1, D1, and E1.
The property shall be platted.
3. 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.
4. The developer shall acquire all necessary Dakota County Transportation Department permits
for access and work within the right-of--way prior to final subdivision approval.
5. The final plat for this development shall dedicate restricted access onto Pilot Knob Road,
except in the location of the shared driveway access.
6. This development shall be responsible for a cash trails dedication and cash parks dedication for
Lot 2.
7. This development shall be responsible for meeting tree preservation issues identified at the time
of building permit application.
8. This development shall be responsible for a cash dedication in lieu of storm water treatment
ponding.
9. A shared driveway easement shall be submitted prior to Final Subdivision for City Attorney
review.
All voted in favor. Motion carried 7-0.
/ate
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: April 16, 2003
APPLICANT: River Run Properties
PROPERTY OWNER: Same
REQUEST: Preliminary Subdivision
CASE: 04-PS-O1-02-03
HEARING DATE: April 22, 2003
APPLICATION DATE: March 19, 2003
PREPARED BY: Sheila O'Bryan
LOCATION: 2987 Pilot Knob Road
C0IIPREHENSI~"E PLAN: LD, Low Density
ZONING: R-1, Residential Single
SUMMARY OF REQUEST
River Run Properties is requesting approval of a Preliminary Subdivision to create two single
family residential lots and a Variance of 38 feet to the required 50 foot right of way setback for
the existing house located at 2987 Pilot Knob Road.
AUTHORITY FOR REVIE"'
Subdivision:
City Code Section 13.20 Subd. b states that "In the case of platting, the Planning Commission
and the Council shall be guided by criteria, including the following, in approving, denying or
establishing conditions related thereto:
A. That the proposed subdivision does comply with applicable City Code provisions and the
Comprehensive Guide Plan.
B. That the design or improvement of the proposed subdivision complies with applicable
plans of Dakota County, State of Minnesota, or the Metropolitan Council.
C. That the physical characteristics of the site including, but not limited to, topography,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage
and retention are such that the site is suitable for the type of development or use
contemplated.
~a3
Planning Report -River Run
April 22, 2003
Page 2
D. That the site physically is suitable for the proposed density of development.
E. That the design of the subdivision or the proposed improvement is not likely to cause
environmental damage.
F. That the design of the subdivision or the type of improvements is not likely to cause
health problems.
G. That the design of the subdivision or the improvements will not conflict with easements
of record or with easements established by judgment of court.
H. That completion of the pruposed development of the subdivision can be completed in a
timely manner so as not to cause an economic burden upon the City for maintenance,
repayment of bonds, or similar burden.
That the subdivision has been properly planned for possible solar energy system use
within the subdivision or as it relates to adjacent property. (Refer to City Handbook on
Solar Access).
That the design of public improvements for the subdivision is compatible and consistent
v~-ith the platting or approved preliminary plat on adjacent lands.
K. That the subdivision is in compliance with those standards set forth in that certain
document entitled "City of Eagan Water Quality Management Plan for the Gun Club
Lake Watershed Management Organization" which document is properly approved and
filed with the office of the City Clerk hereinafter referred to as the "Water Quality
Management Plan". Said document and all of the notations, references and other
inforn~ation contained therein shall have the same force and effect as if fully set do~•n
herein and is hereby made a part of this Chapter by reference and incorporated herein as
fully as if set forth herein at length. It shall be the responsibility of the City Clerk to
maintain the Water Quality Management Plan and make the same available to the
public."
Variance:
City Code Chapter 1 1, Section 11.50, Subdivision 3 states that the Council may approve, approve
with conditions or deny a request for a variance. In considering all requests for a variance, City
Council shall consider the following factors:
a. Exceptional or extraordinary circumstances apply to the property which do not apply
generally to other properties in the same zone or vicinity, and result from lot size or
shape, topography, or other circumstances over which the owners of property have no
control.
/ay
Planning Report - Ri~•er Run
April 22, 2003
Paee 3
b. The literal interpretation of the provisions of this Code would deprive the applicant
property use commonly enjoyed by other properties in the same district under the
provisions of this Code.
c. That special conditions or circumstances do not result from actions of the applicant.
d. That granting of the variance will not confer on the applicant any special privilege that is
denied by this Ordinance to owners of other lands, structures or buildings in the same
district.
e. The variance requested is the minimum variance which would alleviate the hardship.
f. The variance would not be materially detrimental to the purposes of this Code or to
property in the same zone.
BACKGROUND/HISTORY
The subject property is Lot 2 of Zehnder Acres. The existing house was built in 195- with
access directly on Pilot Knob Road.
EXISTING CONDITIONS
The subject property is about 38,000 square feet slightly less than one acre. The existing house is
located on the north side of the lot leaving room on the south side of the lot for an additional
house. The existing house maintains a 38 foot setback from the front property line not including
the proposed dedicated ROVV for Pilot Knob Road. The south side of the lot has a curb cut on
Pilot Knob Road that is not utilized at this time.
SURROUNDING USES
The entire property is surrounded by single family dwellings that are zoned R-1, Residential
Single District and are guided for LD, Low Density residential.
EVALUATION OF REQUEST
Compatibility with Surrounding Area -The subject property is adjacent to single family
dwellings and vacant land zoned for single family residential. Subdividing this lot in order to
create two single family lots is compatible with the surrounding area.
Airport Noise Considerations -The City of Eagan considered airport noise as a factor in its
Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter
in Metropolitan Development Guide that anticipates the impacts from the continued operation of
the airport at it s current location. The noise policy contours in Eagan place the subject property
within Noise Zone 4.
ias
Planning Report - Ri~•er Run
April 22, 2003
Paee -t
Within this area, infill single family residential development would be conditional. To approve such
development in this area, the City Council would need to make acceptable findings concerning the
following:
1. Specific nature of the proposed use, including the extent of outdoor activities.
2. Relationship of the proposed use to other planning considerations, including adjacent land
use activities, consistency with overall comprehensive planning and relation to other
metropolitan systems.
3. Frequency of exposure of proposed uses to aircraft overflight.
4. Location of proposed use relative to aircraft flight tracks and aircraft on-ground operating
and maintenance areas.
5. Location, site design and construction restrictions to be imposed by the community of the
proposed use with respect to reduction of exterior to interior noise transmissions and
shielding of outdoor activities.
6. Method community will use to inform future occupant of proposed building of potential
noise from aircraft operations.
7. Extent to which community restricts the building from having facilities for outdoor activities
associated with the use.
8. Distance of proposed use from existing or proposed runways, parallel taxiways or engine
run-up areas.
With respect to the factual aspects of the findings, the property lies approximately 2 miles southeast
of the nearest runway at the airport. On an annual average, approximately half of all arrivals and
departures can be expected to use the runways to and from the southeast. Upon completion,
approximately one-third of all arrivals and departures are expected to use the north-south runway.
At current traffic levels, the airport handles approximately 530,000 operations annually. Because of
the relationship of the property to the current departure and amval procedures and the runway
centerlines, a significant portion of the departures and arrivals will track over or near the property.
The property is approximately 3 miles from the engine maintenance and run up area. (Issues #3, 4
and 8)
While the implementation of the Stage III airline fleet in recent years has lessened the noise per
operation, the net effect of these deductions has not yet been translated into new noise policy
contours. Updated policy contours are expected to be available and adopted later this year, and it is
anticipated that the result will be a reduction in the contours. However, until that time, regional
policy dictates that cities continue to utilize the last officially adopted noise policy contours.
If the City determines that findings concerning these conditions support the approval of this
application for in-fill development, it should be conditioned on the following: Architectural designs
and construction methods for new construction within the development would incorporate sound
attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a
noise level of 65 DNL (based on the inside boundary of the noise zone). This would require an
inside noise level reduction of at least 20 dBA (Issue #5).
/~6
Planning Report -River Run
April 22, 2003
Paee 5
Density -The Comprehensive Land Use Plan recommends 0-4 units an acre for low density
residential. The two-lot subdivision will have a density of approximately 2.3 units and acre.
Lots -The proposed Lots will be approximately 16,500 square feet each when calculating with
the proposed right-of--way dedication for Pilot Knob Road. In an R-1 zone the required
minimum lot size is 12,000 square feet. The proposed lots meet this requirement.
Landscaping - A landscape plan is not required for a single family development.
Grading/Erosion Control -The preliminary grading plan is acceptable. The site is lightly wooded
and generally slopes to the west.
Wetlands/Water Qualitx -This proposed 0.76-acre single-family subdivision is located in the
City's "D" Drainage District. Similar to other residential developments, additional impervious
structures increase storm water runoff within the City. However, because of the small size of this
development, on-site storm water ponding for water quality purposes is not practical.
Thus, in accordance with the policies and practices of the City since 1990, this proposed
development is subject to a cash dedication equal to the cost of the land and pond volume needed
to reduce phosphorus export to undeveloped conditions.
There are no jurisdictional wetlands associated with this site.
Utilities -The preliminary utility plan is acceptable. The existing house on Lot 1 is connected tc
the City sanitary sewer and ~r•ater main system. Existing sanitary sewer and water main services
of sufficient size, depth and capacity are shown on record plans to be available from Pilot Knob
Road to serve the proposed house on Lot 2.
Street/Access/Circulation -The driveway access configuration shown on the preliminary site plan
is not acceptable. Public street access for Lots 1 and 2 is proposed via shared driveway access
onto Pilot Knob Road (County Road No. 31). A portion of the individual driveways for each lot
(before they combine into one) is shown to lie within Pilot Knob Road right-of--way. The Dakota
County Plat Commission has indicated that the construction of any portion of an individual
driveway within the right-of-w•ay will not be allowed. The developer should acquire all necessary
Dakota County Transportation Department permits for access and work within the right-of--way
prior to building permit approval.
Easements/Rights of Wayl Permits - To allow for possible future expansion of Pilot Knob Road
(Dakota County Road 31), the Dakota County Plat Commission requires the developer to
dedicate an additional 25 feet ofright-of--way along the east edge of the site abutting Pilot Knob
Road, as shown on the preliminary plat.
The final plat for this development should dedicate restricted access onto Pilot Knob Road,
except in the location of the shared driveway.
~a~
Planning Report - Ri~•er Run
April 22, 2003
Page 6
Tree Preservation -Tree preservation issues will be reviewed at the time of building permit
application.
Parks and Trails -Lot 2 would be responsible for a cash parks dedication and cash trails
dedication.
Setbacks -Lot 2 will meet the 50 foot setback from Pilot Knob Road right-of--way, proposed Lot
1 will not. Lot 1 has an existing house that is set back about 38 feet from the original right-of-
way line. The proposed dedicated right-of--way will result in a 12 foot setback.
SUMMARY/CONCLUSION
The applicant is requesting to subdivide the property located at 2987 Pilot Knob Road into two
single family lots. An existing house in present on proposed lot 1, with the proposed right-of-
way dedication the existing house will not meet the required 50 foot setback. The existing house
will be about 12 feet from the proposed right-of--way for Pilot Knob. Lot 2 will meet all setback
.requirements. Lots 1 and 2 will share driveway access from Pilot Knob Road.
Single-family development is a conditional use within Airport Noise Policy Zone 4 and in order
to approve the Preliminary Subdivision, the Advisory Planning Commission and City Council
would need to determine acceptable findings relative to the eight items listed in this report
regarding airport noise compatibility and make a statement to that effect.
ACTION TO BE CONSIDERED
To recommend approval of a Preliminary Subdivision two single family residential lots and a
Variance of 38 feet to the required 50 foot right of way setback for the existing house located at
2987 Pilot Knob Road.
If approved, the following conditions should apply.
1. The developer shall comply with these standards conditions of plat approval as adopted
by Council on February 2, 1993: Al, B1, 3, Cl, D1, and E1.
2. The property shall be platted.
3. 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.
4. The developer shall acquire all necessary Dakota County Transportation Department
permits for access and work within the right-of--way prior to final subdivision approval.
iaa~
Planning Report -River Run
April 22, 2003
Page 7
5. The final plat for this development shall dedicate restricted access onto Pilot Knob Road,
except in the location of the shared driveway access.
6. This development shall be responsible for a cash trails dedication and cash parks
dedication for Lot 2.
7. This development shall be responsible for meeting tree preservation issues identified at
the time of building permit application.
8. This development shall be responsible for a cash dedication in lieu of storm water
treatment ponding.
9. A shared driveway easement shall be submitted prior to Final Subdivision for City
Attorney review.
/a9
STANDARD CONDITIONS OF PLAT APPROVAL
A. FinancialObiiQations
1. This development shall accept its additional financial obligations as defined
in the staffs report in accordance with the final plat dimensions and the rates
in effect at the time of final plat approval.
B. Easements and Rights-of-Way
This development shall dedicate 10-foot drainage and utility easements
centered over all lot lines and, in addition, where necessary to accommodate
existing or proposed utilities for drainage ways within the plat. The
development shall dedicate easements of sufficient width and location as
determined necessary by engineering standards.
2. This development shall dedicate, provide, or financially guarantee the
acquisition costs of drainage, ponding, and utility easements in addition to
public street rights-0f-way as required by the alignment, depth, and storage
capacity of all required public utilities and streets located beyond the
boundaries of this plat as necessary to service or accommodate this
development.
3. This development shall dedicate all public right-of-way and temporary slope
easements for ultimate development of adjacent roadways as required by the
appropriate jurisdictional agency.
4. This development shall dedicate adequate drainage and ponding easements
to incorporate the required high water elevation plus three (3) feet as
necessitated by storm water storage volume requirements.
C. Plans and Specifications
All public and private streets, drainage systems and utilities necessary to
provide service to this development shall be designed and certified by a
registered professional engineer in accordance with City adopted codes,
engineering standards, guidelines and policies prior to application for final
plat approval.
2. A detailed grading, drainage, erosion, and sediment control plan must be
prepared in accordance with current City standards prior to final plat
approval.
3. This development shall ensure that all dead-end public streets shall have a
cul-de-sac constructed in accordance with City engineering standards.
/30
4. A separate detailed landscape plan shall be submitted overlaid on the
proposed grading and utility plan. The financial guarantee for such plan
shall be included in the Development Contract and shall not be released
unfit one year after the date of City certified ccmpliance.
D. Public Improvements
tf any improvements are to be installed under a City contract, the appropriate
project must be approved by Council action prier to final plat approval.
E. Permits
This development shall be responsible for the acquisition of all regulatory
agency permits required by the affected agency prior to final plat approval.
F. Parks and Trails Dedication
This development shall fulfil( its park and trail dedication requirements as
recommended by the Advisory Parks, Recreation and Natural Resource
Commission and approved by Council action.
G. Water Quality Dedication
This development shall be responsible for providing a cash dedication,
ponding, or a combination thereof in accordance with the criteria identified
in the City's Water Quality Management Plan, as recommended by the
Advisory Parks, Recreation and Natural Resource Commission and
approved by Council action.
H. Other
All subdivision, zoning and other ordinances affecting this development shall
be adhered to, unless specifically granted a variance by Council action.
Advisory Planning Commission
Approved: August 25, 1987
City Councit
September 15, 1987
Revised: July 10, 1990
Revised: February 2.1993
~TS+MS
STANOARD.CON / ~/
FINANCIAL OBLIGATION-River Run Addition
There are pay-off balances of special assessments totaling $-0-on the parcels proposed for
platting. The pay-off balance will be allocated to the lots created by the plat.
At this time, there are no pending assessments on the parcel proposed for subdivision.
This estimated financial obligation is subject to change based upon the areas, dimensions
and land uses contained in the final plat.
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 chazges aze
computed using the City's existing fee schedule and for the connection and availability of
the City's utility system. The chazges will be computed using the rates in effect at time of
connection or subdivision.
IMPROVEMENT
Sanitary Sewer Trunk
Water Trunk
Storm Sewer Trunk
USE RATE
S.F. $975/Lot
S.F. 1,015/Lot
S.F. .0925/Sq. Ft.
QUANTITY AMOUNT
1 Lot $975
1 Lot 1,015
38,000 Sq. Ft. 3,515
Total
/3a
$5,505
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Application: Preliminary Subdivision
Case No.: 04PS-01-02-03
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AGENDA
CITY OF EAGAN
MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY
EAGAN MUNICIPAL CENTER
MAY 6, 2003
A. CALL TO ORDER
B. ADOPT AGENDA
C. RESOLUTION APPROVING MINUTES
~/3 ~ A. Special EDA Meeting of March 18, 2003
D. NEW BUSINESS
~ 1~~ A. Resolution Approving Purchase Agreement - 4030 Cedar
Grove Parkway (Delta Development)
E. ADJOURNMENT
/36
Agenda Information Memo
May 6, 2003 Eagan Economic Development Authority Regular Meeting
C. ADOPT RESOLUTION APPROVING MINUTES OF
MARCH 18.2003 SPECIAL MEETING OF THE EAGAN
ECONOMIC DEVELOPMENT AUTHORITY
ACTION TO BE CONSIDERED:
To adopt a resolution approving the minutes of the March 18, 2003 special EDA meeting.
ATTACHMENTS:
• Minutes are attached on page ~,3g
• Resolution is attached on page
/3'J
MIlS`L?TES OF A SPECIAL MEETING OF THE
EAGAN ECONOMIC DEVELOPMENT AUTHORITY
Eagan, Minnesota
March 18, 2003
A meeting of the Eagan Economic Development Authority was held on Tuesday, March
18, 2003 at 9:50 at the Eagan Municipal Center. Present were President Geagan and
Commissioners Carlson, Fields, Maguire and Tilley. Also present were Executive Director Tom
Hedges, Administrative Services Director Gene VanOverbeke, Senior Planner Mike Ridley,
Director of Public Works Tom Colbert, City Attorney Mike Dougherty, Administrative Secretary
/ Deputy Clerk Mira McGarvey.
ADOPT AGENDA
Commissioner Til]ey moved, Commissioner Carlson seconded a motion to approve the
agenda as presented. Aye: 5 Nay: 0
APPROVAL OF MINUTES
Commissioner Maguire moved, Commissioner Tilley seconded a motion to approve the
minutes of the March 4, 2003 Economic Deve]opment Authority meeting. Aye: ~ Nay: 0
APPOINTMENT OF SECRETARY /DEPUTY EXECUTIVE DIRECTOR
Commissioner Fields moved, Commissioner Tilley seconded a motion to appoint Gene
VanOverbeke as Secretary/Deputy Executive Director of the Economic Development Authority.
Aye: 5 Nay: 0
ADJOUR~'S'MENT
The meeting adjourned at 9:55 p.m.
Date
Executive Director
If you need these minutes in an alternative form such as large print, Braille, audio tape, etc, please
contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN X5122, (612) 681-4600 (TDD
phone: (612) 454-8535.
The City of Eagan is committed to the policy that all persons have equal access to its programs,
services, activities, facilities and employment without regard to race, color, creed, religion,
national origin, sex, disability, age, sexual orientation, marital status or status with regard to
pubic assistance.
/38
EAGAN ECONOMIC DEVELOPMENT AUTHORITY
RESOLUTION APPROVING THE MINUTES OF THE MARCH 18, 2003
SPECIAL MEETING
BE IT RESOLVED by the Board of Commissioners of the Eagan Economic
Development Authority to approve the minutes of the March 18, 2003 special meeting of
the Eagan Economic Development Authority.
Motion by:
Second by:
Those in Favor:
Those Against:
CERTIFICATION
I, Gene VanOverbeke, Secretary/Deputy Executive Director of the Economic
Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby
certify that the foregoing resolution was duly passed and adopted by the Authority in a
regular meeting thereof assembled this 6`'' day of May, 2003.
Gene VanOverbeke, Secretary/Deputy Executive Director
~-~9
Agenda Information Memo
May 6, 2003 Eagan Economic Development Authority Meeting
D. NEW BUSINESS
A. RESOLUTION APPROVING PURCHASE AGREEMENT - 4030
CEDAR GROVE PARKWAY (DELTA DEVELOPMENTI
ACTION TO BE CONSIDERED:
To adopt a resolution approving a purchase agreement with Timothy and Casandra Beebe
for the real estate at 4030 Cedar Grove Pazkway in the Delta Development project azea of
the Cedar Grove Redevelopment District.
FACTS:
The Eagan City Council and the Eagan Economic Development Authority approved a
development agreement with Delta Development for 230 units of town-homes and
village-homes in the Cedar Grove Tax Increment Financing (TIF) Redevelopment
District # 1. Per the terms of the agreement, the EDA agrees to acquire property from
willing sellers in advance of development within the Delta project area.
• The property owners, Timothy and Casandra Beebe, have agreed to an acquisition
price of $95,750. The price was established through the analysis of comparable
properties. The comparative analysis was performed by the City's
acquisition/relocation consultant, Dan Wilson of Wilson Development Services.
• The developer has agreed to reimburse the City for the land at the time of transfer and
will also pay for the demolition of existing structures.
• Although the purchase agreement sets a date of May 2, 2004, to close on the property,
it has been tentatively scheduled for May 14`h pending EDA approval and the
completion of all necessary legal work. The property is located in Phase III of the
Delta project azea and is not likely to see work commence until late 2005.
ATTACHMENT:
• The resolution is attached on page~~,
• The signed purchase agreement is attached on pages~~ through
/S'D
EAGAN ECONOMIC DEVELOPMENT AUTHORITY
RESOLUTION APPROVING A PURCHASE AGREEMENT WITH TIMOTHY
AND CASANDRA BEEBE FOR THE REAL ESTATE AT 4030 CEDAR GROVE
PARKWAY IN THE DELTA DEVELOPMENT PROJECT AREA OF THE
CEDAR GROVE REDEVELOPMENT DISTRICT
BE IT RESOLVED by the Board of Commissioners of the Eagan Economic
Development Authority to approve the purchase agreement with Timothy and Casandra
Beebe for the real estate at 4030 Cedar Grove Parkway in the Delta Development project
area of the Cedar Grove TIF District No. 1.
Motion by:
Second by:
Those in Favor:
Those Against:
CERTIFICATION
I, Gene VanOverbeke, Secretary/Deputy Executive Director of the Economic
Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby
certify that the foregoing resolution was duly passed and adopted by the Authority in a
regular meeting thereof assembled this 6~' day of May, 2003.
Gene VanOverbeke, Secretary/Deputy Executive Director
/5~/
G'R 1'* GCJCJJ 1y: .1 `J bl[4484b76 WILSON DEVELOP SERV
04/11/2083 12:24 6124484676 WILSON DEVELOP SERV
' ~ PURCHASE AGREEMENT
PAGE 02
~AG£ 92
c~~m
TAe mderaigned, 1~iGA1't ECONOMIC DEVEIAPMENT AUTHORI'I'X, hereu iaftcr
referi~d to as ."Buyer", .hereby ~:agmes to ptsrchsse from 'T'IIvIOT~IY JOHN BEEBE and
CA$ANDRA ANN BEEHE, husband sad wife, beretnaRer zefccied to as "Sellcrs", inten:st is
real estate located .at 4Q30~geau De Rue, Eagan, Minnesota 55122 sad legally describ~:d as
follows: ~ ..
Lot 1, Block 1, 8EAt3`D R~JE DRIVE PLAT, aecordirt$ to the zecor3ed plat.
(the "Kcal Proparty'~; u~on.t}ieterifls sad conditions hereinaRer set forth:
1. Persotiit'px Includ i+n S 1~, "['he following Items of personal pro~ert;~ and
~• fixtw~ss awned by ~ $eUers ~ aictd. ottrrcntly located on the Real Property; if at~y, ("Fer;oral
.~ ,
Propert}~~ are included in the st~lc:
garden bulbs,'. plants, .sue, tries, storm windows astd inserts, storm doors,
9ereeits, avvnirigs, wi~pdclvV'e~ades, blinds, aurtaias-traverse-drapery rods, attached
lighting fixtures vvitiz bulbs, plumbing fixtures, aamp Pumps, water •heaters,
hea;amg systems, heatittg.sloves, 5replacc inaerta, SrepIace doors az~d screens,
built-in humidifAera, built ~ air conditioni~ag en~uits,.built-in eleotroz~ic air ~Utcrs,
automatic ~ara;e door aPe~ with cvatrola, television ante~aa, water soRemers,
built-iia ctishweshera,_ garbage .disposals, built=in trash compactors, btii1t-in ovens'
and cooking stoves, hood-.fans, intercoms, installed carpeting, work benches and
security sy3tesne.
The ReaI.~Properiy and Peraoaal F~operty together constitute the rntiro property contemplated by
this traasactio~n {`~roperty'~.
prior to va,catiag 8ie . Px'o'P,~Y, Sellers shall remove all items of Personal Propart; ~ mot
included im flee Salo: SGllets :s}~all also remove all hazardous materials, including but not litr dted,
all~tiitis, hafts.ties; rbemicals,~i'mc.: piiorto vacating the Property.
2. ptl,~ The purohase price for the property shill bo. Ninet} =five
Thoosa~ad aoad No/100 .Dollers.~(593,000:00). In addition to the puschaav price, Sellers sb~all
. ,. ceive~ location benefits to '' /-~~ << Dollar S ~ ~ ),
re re tatislg ~_ ~_ (~-1~---
/~z
GlNr 1~~LUUJ 14. .:;~ of L44o~c rv w1LSON DEVELOP SERV PAGE 03
04/11/2803 12:24 6124484676 WILSON DEVELOP SERV SAGE 03
itemized in Exhibit A att~ichod ~hetcto: The relocation benefits ahYll be oft~ct by say anaawat
Sellers own to Buyer under taus. P~chase Agreement, including, but not limited to, unpaid u :iliiy,
mairitenance~ and repair costs .~tci:trod prior to trttttsftr of posseuion to $uyer, and coso; and
' expenses related to arty damage to.-the Properly priof to transfer of possession to Buyer o: s~sy
salvage of the Property dxoept as pmvidod in the Purchase Agr+eomeat. The net relocation
benefits. shat! be paid ~~tly to Salters within sixty (64) days after the date of closing.
3. Payment of ~b~c~. The purchase price shall be paid in cash or eer ified
flmds on or before the date of cloiisig.
4. Title and Remtdiea, ~. The Sellers shall, within a reasonable time after executi ~n of
.this Agreement, fuc>aisg air.Ab~tnic(:ofTitle, or s Regi.atcred Property Abstract certified to doe to
include ps~aper searches covering .bsnkruptcles and rtate and federal judgments and liens or. if no
sbsbract can be located, SallCts lortaj provide a eomrttttzuent for an ALTA Owner's Policy of Title
Iaaurarice for the fiili ptirchuse pates. The Huyer shall be allowed ten l10) days a#ker receipt
tlter~eof for cxsitftination of said t3tlq and the making of say objections thereto, said objoctions to
be made is writing yr deemed to be. waived: ,If any objoctiona are so made, the Sellers shell be
allows 128 clays to ~~ak+e tneli tick ma:icetabla. Pending correction of title, the paynseata
herenmdcr shall be postporod,~tint';tgwn coirxtion of title and within ZO days after written notice
to Huycr, the panics 3hal] perfDzzrt this Agreement according to its terms.
If said title'is riot itiuicetabt~~.imd is sot rands so within 110 days from the date of mitten
objectivtas thereto as above piovldld, this Agreement shall be null and void, at the option of the
Buyer, and tteafber party 'shat)': ltiE,;.lir-blc for damages hereunder to the other party: All ea ~sest
money. theretofore paid by tho'$uge~ ~nde~ this A,greemestt shall be refunded. if the title to said
prvperty.sliall be' ibuad. ~msrkeittble-.ot ahs11 be so msde within raid time, and Buyer sbaU do fault
2
/~~'
-- ~,.~ ~-
04/11/2003 12:24 6124484676 WILSON DEVELOP SERV ~aCsE ea
~ ~Y ~ t}~e s~rses;aeats .sad-.eotitiaue in default for a period of 10 days alter written poll cc to
Buyer, than Sellers ttity fermate this Agreement and on such termination all the ~payrzents
made upon. this Agnament~~sb~ll`;bt: rosined by Sellers and by their agent, if azly, u their
zespoctive intareats tray ap~eat;.asbgntdated d~sgea, time being of the essence hereof.
S. R.,j,~~t=of_ mr:r..~$yyer IDay enter upon the Real Property for +Rb~e ptapos ~ of
maka;otg soil fQSts sad/ci sriy o!}atet testa wateasplated by its proposed ass of the Rcal Propert /.
' ~ 6. ~8eal E c Fazes. Real Estate taxes far all years prior to the year of closing shall
be Sellexs' ~r~potasibility.. Roil eatnte taxes due sad payable iu the year of closing shall by
prorated W the date of.~losittg: .Buyer shall be responsible l'or real estate taxex payable in a1I
.yams subsequent to the ysar of closing.
7. ~ .Sellers slsall be responsible and
should pry at clo:iug any ipeciid"aeeeumenta levied as of the date of this Agreetneat.
g• . , T~ Purchase Agroement shall be eontit>$ent upon the approval
of this Purchase Agreancnt by~thc~Eagaa EconomicDevelopment Authority and the results of
say cavirornneattai tests. to be ,ccmdutted by Buyer before closing, including but not Iiutited :o, , a
Phase I envpronmental study. I#' &iyer m ila sole discretion is not satisfied with tku re~ul• s of
such envlrotuttental testa. Bupai sh4tl give ~aotice to SeUeis sad tbds Purchase A®rctment ;:hall
becv;mc null a~od void:
9. ~~: The ~closia~ shalt tal4t place on or before May 2, 2Q03, at the office s of
Scw.raon, Sheldon, Donghett j-' 6t ;h+Iolainda, P.A.; 730'0 West 147a' ~ Street, Swita 6~0; A ~p le
Valley, )tiSitmeaarta 55IZ4, qi' . ft MAather location muctua3ly agreed upon by the parties, 'Tb~e
Sehas shelf notify Buye~~~in writir~ that Sellars desire~to close the traasactivn, whereupon'B+rya
.: 3
/YY
04/11/2003 12:24 6124484576 WILSON DEVELOP SERV SAGE 05
shall schedule the closing for a'txtutually a,Rreed titmc a:sd date, which shall be no more tla;ua 45
day: a~ receipt of SeUrxs' nai~ico.
lO. Qbiig,~4~ of ~irtiet at Closing, The Senora sad Buyer shall do the follows ag at
the closing; ~ ~ ,
A. Sellers =hall:...
i. ~ ~exeautC :and~dCliYCr a Warranty Decd conveying fee title to the Propc ty to
. tho Buyer, •.~6rce stud clear of ~ alt liens and ericumbrsnces, subject t. ~ the
followin~~ ; ~ .
(A) Biuldimg ~ and zoniag .laws, vrd~inances, ®d state aZtd fe 3eral
rggulationa;; ~ (8) Restrictions ralatirtg to use or iuonpmvement o~'~ the
property widrout effective forfeiture provisions; sad {C) Reservatic ~n of
say ntin~ra} lights by the State of Minnesota; .
~ii. t~ce~CUte We Waives of Rerlocation Seaefits attached here o as
az2iibit B; a~
iii. . provide a certificate of liability insurance coverage ire the err ount
o#' at.lesst the •full insurabla value of the Property, nattiutg the Buyer ~ u era
additivrlsl it~u~ed, .
B. `. ~ Buyer shall;:
i. . disks ~thc necessary paymer-ts as requured wader Article Z.
C. Each.party shall exeC+de such ~otha instfvmertts, ceztificatea and affidavits a ~ the
other psrty'a atfo'rmbY rea,wnabiy rosy west.
D. ' ~ Selh~s shall ~ be ~ responsible for abstracting fees charged by any title
' . company. ~. Bttyer~ slisll be responsible for all other costs charged by any title
contpauy., it-aluelirig ally payrneat of state doed tax, closing fees and courier fees.
i i. '. Sellers shall be, responaiblc for any -real estat . or
.brokerage cotnmi;aiod that ie payable nn connection with the acle of the Propeiy.
. ~ 12. ~. ~~ Any 'notices ottdrr this Ptirehase Agi+ee~erat bhall be delis Bred
personally or rnaiied ~tv, the r'+aapective pestles by registered or certi5ed mail, return ra:e~pt
requested, at the. follaa-ing. re~pectisro addresses:
. ~ ~. ~ + .
/yS
84/11/2883 12:24 6124484676
WILSON DE1/ELt7P SER1t
To the Sellers: , ~ .Timothy 7. Beebe
t~aaarxlra A. Beebe
167 i P,ast Old Shakvpce Road
. Bloomington, MN 55425.2444
'AGE 06
To the Huyar: . ~ ~ :...Eagan Econonuc Daveiopaiern AuWority
' . .' Attn: Thomas Hedgea, Executive Director.
. ~ 3830 Phot ICsrob Road
' Eagan: MN 55122
With a Copy.to: . ~ , , ~: ~ Robert B, Bauer, City Attorney
Sever:ort, Sheldon, Dougherty & Molenda, P.A.
. ~ .7340 Went 147th Street, Suite 600
.Apple Valley, Mirutesota 55124
13. ~~. 'I~1e }ice contained herein sre for the purpose of convenience »Iy
and are not intended to define of ktt~it the contacts of'the sactious or paragtephs.
14, . Sellerr~ smell have the. right to salvage all alliances, a1I winiow
coverings and the bathroom hiirror located on the Property, provided, however, that the is ems
removed by Sellers must.pot litztit cYr in tray other way af~'ect Buyer's right to secure the Prop+rty.
1 S. Govern;p~, aw; ,This Agreement ~hsll be deemed to be a contract under the l aws
~of'the State ofMituo.esota end for a1l.piirposee shall be construed and enforced in accotdatice with
the Laws of such state. ~ ~ ;
16. . 'I'he terms, oonditious sus cavenauztb contAine i im
thin Purchaue Agreement~.shall.:extmld to, be binding upon. and inure to. the beaei'it of the
. ~ ces~rectivc heirs, tmcczssata atad asSlpta of tlac paitios,heteto,
. ~ i7: p~~y.~ ~.Selle~s shall dekver possession of the Properrty+, ~in "broom clean"
condition vn the date of closing. ~, All utility charges shall be gcvrated da the Panics as of the c tart
of cioaing.
s
/ 5`6
84/11/2083 12:24 612a4B4676 WiL50N t~UEL.OP SERA '~ e~
1 g• ~ , ' ~ e • •. ~f either party shall default in nay of their reape;.tive
oblig~#ions under thin AgcemeAt, the other party may, by written aoticc to such defaulting >>arty
specifyir-g the nature of the default ~a»d the date on which thin Ag~merrt shall terminate (a hick
date shall b~ trot kss than rata (I0)~drys aRer the diving of such motice), temninatc this Agee, newt
and upon sash date; uulees, the defiiutt so apeeffied shalt have been cured, tl~uis Agreement ;.hall
tetxainatc. Tetmine>YOm of thi: Agreerttant sbwll be.tbe sole sad exclusive remedy of both Sellers
and Buyer sad neither party shall. #~irv~+ the right of apeciSc performance.
19. ~,gjl Ditilosir~~~ C.--tic Di•~bsLt*?~, Stllers etrtify tht-t the Scllers do aot-~
know of aFSy v~-ells oa the Property. Sellers further certify that any aewago generated at the
Property goes to a facility permitted by the lVfianeaots Poltutioa Control Agcmcy.
20. p~pg#y ~ ~ base µAS S", Biq-er acknowledges that the Property is tH,ing
purchased "A3 IS" .and with a13 ~faulta
IN ~ aTINB8s .VI~~RBC7F :the parties have executed this Purchaac Agreement this
nay ~~' ~ , 2aa3.
SBLZERS~
BUYER
E~,C3AN ECONOMIC
DEVELOPMBNT AUTHORI'T'Y
By: -
Pat Q~eegan
Ire: President
BY. ~ --
Thatnas Hedgos .
'Its. Executive Dir'QGtOT
Tg'l~.c~ is ~(- u~m~.a
..-~ ~6
6
/~/
~~~
Caeandra Ana
Eagan,,MN 5.5122
(651)681-4600
CITY OF EAGAN
HAULER LICENSING APPLICATION
COMMERCIAL/MULTIPLEDWELUNG
!_. ~..~
j, Susan stewart , hereby make application for aRefuse/Recycling license for the year 2003
Owner: David & Susan Stewart
Name
Newport
City
1811 Century Ave.
Address
MN 55055
State & Zip
651-458-0043
Telephone
Business Name: Highland Sanitation & Recycling Inc. , 1811 Century Ave.
Name Address
Newport
City
MN 55055
State & Zip
651-458-0043
Telephone
Municipalities where presently licensed: Woodbury, Cottage Grove, Afton, Newport, West St. Paul,
Mendota Heights, Inver Grove Heights, St. Paul, Maplewood
LICENSE TYPE:
Commercial/Multiple Dwelling Commingled Refuse/Recycling Service (included all commercial
multi-family dwellings which are provided commingled service) Number of trucks 2
- Required for haulers serving commercial accounts and multiple family dwellings being
- serviced in a commercial manner (commingled).
- State, county and city mandates require residential recycling opportunities be provided
for multi-family units.
- Encourages but does not require commercial recycling.
- Recycling vehicles may be included in the commerciaUmultiple dwelling license, if
. ~ operated by a single company. Each must be counted as an additional vehicle.
- Additional requirements outlined in Hauling Ordinance are attached.
FEES: $50.00 for first vehicle, plus $25.00 for each additional vehicle.
TOTAL NUMBER OF VEHICLES TO OPERATE lat EAGAN: 2
1 @ $50.00 $50. o0
1 @ $25.00 25 . o0
TOTAL ~ 5.0 0
ATTACH A LIST CONTAINING THE LICENSE PLATE AND VEHICLE ID FOR EACH VEHICLE
BEING LICENSED.
Vehicles used in more than one licensing category must fill out a separate application, but pay only one fee
pe:~ truck. Example: One truck which picks up both residential and commercial recycling needs two licenses,
but only one fee. Please note if applicable.
OVER
THE FOLLOWING MUST BE INCLUDED IN ORDER FOR YOUR APPLICATION TO BE
PROCESSED: (All insurance coverage must be effective from January 1 to December 31 of each year.)
Motor Vehicle Insurance Date of Ezpiration From ins . co .
Worker's Comp. Insurance Date of Ezpiration From ins . co .
~_ Rate Schedule Included
If your company wishes to operate as either a Residential or a Construction/Demolition Debris hauler, a
corresponding license must be obtained, and additional fees must be paid if additional trucks are to be used.
If you need application forms or have questions, please call the City at 651-681-4600.
~~, ~ .emu.,.-~,.,~ 12 / 13 / 0 2
Signature of Applicant Date
3,`~"• y $100.00 ner license / New
Renewal
CITY OF EAGAN
3820 PII.OT KNOB ROAD
EAGAN, MN SSI22-1897
APPLICATION FOR LICENSE TO SELL TOBACCO PRODUCTS
Applicant ,~/1 f / ffQN y ~ L/J I Birthday ~a `~ ~ ` ~ 3
Resident Address ~Q~~ ~~~-% NC~7?~i/~ L~Q• S~y~GE 1?/itJ SS 3 ?8
street city stela zip
Business Address l oZ 7~ l c~LU// G~/l~'~'Q ~ ' b~G~4~/ 1~~ ~~l' 1Z
street city state zip
Home Phone ~~s-2) aa6- ~7a~ Business Phone `~ S~~ ~i g8 - ~ ~-'~
Business name in Eagan where tobacco is to be sold ,L. r 70~;,f~CCO ~ !/f~lLlCl / 57b.2~
Business address in Eagan whore tobacco is to be sold ~2~~ '7-A.'~rJN ~;~~t/"fE~ J~~Q • ~/~<.~i/
TOBA/CCO PRODUCTS TO BE SOLD: (Check all that apply)
/ Cigarettes, cigars and other smoking tobacco
_~ Snuff, plug and other chewing tobacco
_JL Clippings, cuttings and sweepings suitable for chewing or smoking
/ Pipes and other tobacco related devices
/ Cigarette papers and wrappers
PAC/KAGING OF TOBACCO PRODUCTS TO BE SOLD: (Check all that apply)
/ Individual pack or can
Two ar more packs or cans packaged together
Full cartons
LOCATION OF TOBACCO PRODUCTS WITHIN BUSINESS: (Check all that apply)
Self-service merchandise
_~~ Over-the-counter
/ Accessible to store clerk only
SEPARATE LICENSES SHALL BE ISSUED FOR THE SALE OF TOBACCO PRODUCTS AT EACH
FIXED PLACE OF BUSINESS.
TOBACCO SALES TO ANY PERSON UNDER THE AGE OF EIGHTEEN (18) YEARS IS UNLAWFUL
AND IS GROUND FOR SUSPENSION OR REVOCATION OF LICENSE.
I (WE) HEREBY AGREE TO OPERATE SUCH BUSINESS IN~ ACCORDANCE WITH THE LAWS OF
NIINNEOSTA AND THE ORDINANCES OF THE CITY OF EAGA~N. ~ THE FOREGOING STATEMENTS
ARE TRUE AND CORRECT TO THE BEST OF 11+11' KNOWLEDGE,~AND BELIEF.
DATE ~2 S 3 AUTHORIZED SIGNATURE
City Council Approval Date Date Issued
3830 Pilot Knob Road
Eagan, MN 55122
(651)681-4600
CITY OF EAGAN
HAULER LICENSING APPLICATION
CONSTRUCTION/DEMOLTTION DEBRIS
I, ~n f ~l~06~/~ ,hereby make application for aRefuse/Recycling license for the yeaz ZD~ .
Owner: ~,4~ 1 ~ -eo 6A/~l .fib .~ Cc.-1 f-u ~,.
Name Address
~Do /- r
Crty
rr~~ ~ A
Business Name: L~+S n rn~n~ ~'dc
Name
city
State & Zip - Telephone
~~ ~7
Address
VYl ~• .~ S~ G Sl -y.S~f-~ 7.5~
State & Zip Telephone
Municipalities where presently licensed: ~F V~(~~~, ~.cl~~~r~~~~~ v/
~~
LICENSE TYPE:
Construction/Demolition Debris Number of trucks ~_
- Required for haulers or contractors using containers greater than four cubic yazds.
- Name and telephone number of owner is required to be affixed to each container.
- Additional requirements outlined in Hauling Ordinance is attached.
FEES: $50.00 for first vehicle, plus $25.00 for each additional vehicle.
- TOTAL NUMBER OF VEHICLES TO OPERATE IN EAGAN: ,~_
1 @ $50.00
@ $25.00
TOTAL ~_
ATTACH A LIST CONTAINING THE LICENSE PLATE AND VEHICLE ID FOR EACH VEHICLE
BEING LICENSED.
Vehicles used in more than one licensing category must fill out a separate application, but pay only one fee
per,truck. Example: One truck which picks up both residential and commercial recyling needs two licenses,
but'only one fee. Please note if applicable.
~ Lac- USN
yA~C la~f9 llu~ a~' la7~~ `N~k-o /p6 ~y
OVER
..
THE FOLLOWING MUST BE INCLUDED IN ORDER FOR YOUR APPLICATION TO BE
PROCESSED: (All insurance coverage mast be effective from January 1 to December 31 of each year.)
Motor~Vehicle Insurance ,(~L Date of Ezpiration .
Worker's Comp. Insurance ,c,~.31 Date of Ezpiration
C~' ~dlb~s - ll~~ ~~~c~
Rate Schedule {~'~~ . , . ~ 7 S l9'D
IS' _ 30
`! ` • ~
zsq 4... ,3 tiS s3~ 6 0
If your company wishes to operate as either a ComEmercial~ul~ple Dwelling or a Construction/Demolition
Debris hauler, a corresponding Ucense must be obtained, and additional fees must be paid if additional trucks
are to be used. If you need application forms or have questions, please call the City at 651-681-4600.
/Z
Date
a~-,on~,i~i~~~io2
Signature of Applicant
~ . ~5..~..~''.
. .. - ~ /
~ s~~8i=a6oo /
~~
CITY OF EAGAN C~
HAULER LICENSING APPLICATION
CONSTRUCTION/DEMOLITION DEBRIS
I, v~ ~ hereby make application for aRefuse/Recycling license for the yeaz a0c~3
Owner: lCev „r 73 kt~ - 3 Ist S~ ~
Name Address
'rFP~~o
city
Business Name: ~IJ~S ~ S
N
~~~~
City
Municipalities where presently licensed:
.~1 S"S 313
State 8t Zip Telephone
730 - 3~St Sz S E
Address
VVIN ~~13
State & Zip II 11 J~ ~, , Telephone
t~ir {c ~t u dYtD1~.'C~l , l.~ 0..s k.G CJr~Q,1l~ I~~ to
LICENSE TYPE:
Construction/Demolition Debris Number of trucks +-~
- Required for haulers or contractors using containers greater than four cubic yards.
- Name and telephone number of owner is required to be affixed to each container.
- Additional requirements outlined in Hauling Ordinance is attached.
FEES: $50.00 for first vehicle, plus $25.00 for each additional vehicle.
TOTAL NUMBER OF VEHICLES TO OPERATE IN EAGAN:
1 @ $50.00 5 ~`~'
3 @ $25.00 ~=°z'
TOTAL ~~'
ATTACH A LIST CONTAINING THE LICENSE PLATE AND VEHICLE ID FOR EACH VEHICLE
BEING LICENSED.
Vehicles used in more than one licensing category must fill out a separate application, but pay only one fee
per truck. Example: One truck which picks up both residential and commercial recyling needs two licenses,
but only one fee. Please note if applicable.
OVER
~/~ cs6,.•x ' ~ab9g f ~
_____ ~y ~~ 9 ~
n ~ ~ ~r A'~ss ,9 fs
_.~~ ~ Or
THE FOLLOWING MUST BE INCLUDED IN ORDER FOR YOUR APPLICATION TO BE ~ /
PROCESSED: (All insurance coverage must be effective from January 1 to December 31 of each year.)
- - ~ Motor Vehicle Insurance Date of Ezpiration
Worker's Comp. Insurance Date of Ezpiration
Rate Schedule
If your company wishes to operate as either a Commercial/Multiple Dwelling or a Construction/Demolition
Debris hauler, a corresponding license must be obtained, and additional fees must be paid if additional trucks
aze to be used. If you need application forms or have questions, please call the City at 651-681-4600.
V. P
gnature of Applicant
~~
Date
YGh rC~ ~
moo ~lol uo y ~_~ 3~yv' ' ~ ~ s' ~ ~~ ~
Seri el ~VSSCa ~r~~l
~~9o y
1 N~TSO z 3 N 8 Lt~~7~ 7~a
~~~r ~3 C 11 ~~ ~ ~
~ q ~ ~ rd p~ y~
~ Z ~ ~ ~ tv ~~ 3l3 g,S-'
. ~F~
~~ ~~
~99f ~1m96o~/~
/N aK! CSC i SmeClytr/
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