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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 '~ FT 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 ~~ Nb'~d ~lIS r-_-_-_--_---_- /--_~ I~II!~'.!I ~ ~ i~li~!1 -~ ~ I~ !i ;rte I ;r.. ~ ~~ ___~ __-- t~ I ~ Its ~ - ~ I I ''r~~..,;r i ~~~~ ~_J 1 e~ i t ~~~ ,,, a / I ~'1 i I / ~I i' ;~ ~P2pq,, ;~ ! ! I ~ f r ~ ~~ ~~ ,~ . ~ BUrLOryG rs / I Z ~ 8 . nI„ ~ A i I ~ I s ~ 'y3 ~ _~ ~I I I ,I' ~ - I t -- l - 1I ~ ~--j'1 ( I I I~ r - ~{P I r ~ _~ y 'cu ~ ,B P1G B o BC ~ G ~i~ I .a i ~~t j I I~ i I I I I I C4I I_r IK~, I I I I Et i ~ ~ _ - -----J _-i:~l-' i I I n Ix I i t II I I! I ;z a .1 `c i~ L~.DL`G 3 F h B B'1G BL BJG .~ - R 'B I' • '8' R• 3 ~ nn n ~ ,'c r-- raj m ~` nl { li ~ '` ~ ~.. ~ BUQ.DLVG ~9L nG .~ r- BL--!!-BiG••-. -• BL LAG I I III ~ t L ~ ~cr i7 ._~ I~ I r I', ~ ", cIL i .! ~ ~ ^' II I it I ~. ~ ,I I wv ~~~ ~ ~ _ IBLCDLGVG~ "lrJ BV'ILOL~G ~~" BL'nDWG Gmg« 7 ~I 2 .A' vR~ •C ~ i I~~ v -_ _ -_- - II ~ - t~~P ~_ - .-~---- - --- - - --- -_-_ _ \icols Road _---_ __ _ _ ._-~__,__ _._ --.._r.- _---I --- ~_-- ___ ~e4~A3~~ DA~RE :~~ m ~ ~~~~ ~ ~~Lv6 So~ m Q~~F ~~~~ a~ •' I I i~ ~ ~ +~a :: .g 113I r R Y e N N ~D a w Q~ a 8 3 ~ St. M~- F g n ~+~~"t'M~ ^ +~= .; ~ ~', I I r~ '.N x 1,_ ~i X ~~~ ~ _n ° Z Y' _n~ I S i:~ I!,,it~d/1~ Ii t ~ I ''t( i t` I I ~ r ( ~! I tr I rca.a . qrp ri~ ~ ' ~'MW ~19iii ~r'rry ~~pt~ i ~, ~~ I ~ l 8~ ~ ~~ ~ a S •'~ r 9 u ' ,1 I I r I I I rf~r ,~~ "" I itp ~ o IN ( T t~`~~N ~z ~ ~in$ i I' ~„ I ~ III'i L I r r~ ii I~1 ~9 tpt '~~rry.'t f~iL ~~i 'i~ >. a 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) S3 ~ _ - ' . _ _ _ - - - - ~- - - --- ~___ __- -_ --._. r -----------~ i~ ~ ~ ~~ i~ J ~ ~ I \ 1 1 I 1 ~ ~ ~ ~~ ' ~m i Hm ~ ~> , _ I o ~~ ~ oz °3~n a , i ~ ( off' o» ~ I i ce ,. `"mzz ~.. ~ ~ _. ' Y _- va_ va Nzoz ~a ~Uw W ~ V7Z~ "' ~ vo° n ~ zv ~ ~¢_ V1 W 4 L 0 Y m C N x W ~z' _. ___ 1 i ~..- ~~~ ~ ,~ ~ ~ I ~ \ ~ ~ i ~ 1 ; ' I ~, I w ~ ~ .. 0 ~ ~ ~ ~~~__ m ~ ~_ ~__ t0 O ~ w ~ K Z W W 2 Q I_ o W « `'' a ~W 3~ ° '1 ~ W~~ a Ifl ~ U W W ~ ? W m 3 • N VWi ~ ~~ x r. ~ -- ._ - `J __ ~_ s Z I ~ j _ j f ,i o ` a W ~ ~ z ~`. Z •j;I OW ~: ~ . }~' ~ .. ~~ 1 ~oWOI~~ I I .~. ~ U y~ W 2 l ~ f ,~ ~ f- ~~2 2 I ~ :~ ~ ~' t7 "= I ~ ~~ W i ~ ~ I, .~ ~ ~'~i .; `~ .~ ~ i :- . ~ ~~.~ 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 ~~ w. o~ ~r 9 ~. v ~ ~ ~ a . o ~ ~ N r ~ ~. i i M ~ O ~ O ~ N ~ i ~ ~ i i r ~ i O i i i i r i l N -i 0 M N 1 ~ ~ O --I ' O fl ' M -I ~ N l ~ M D ' O -1 O H i CO r-I r-I N N Lf1 10 M N N Q~ dD (~ N CO [~ N I~ ~ N O ~ Lfl I-h rl [~ CO i M d' [~ [~ L(1 Ul N C a' ~ O lf1 O~ M 01 OD 01 O d' lh Ol r-1 r-I ~D r1 M CO i t r-1 Ol L~ r-1 lD [~ 01 l~ O O O ~ ~ O T M 1D CD O M C l~ N M M [~ Ln Cl~ i N r-1 N N r-I r-1 N M N ~ r-1 M M N ~-i N N M r-i r-i ~-i ~ i W i I I 1 I E-r r I 1 U U U U U U U U U U ~..~ U U U U U U U U U U U U U U U ~..) 0 ~ U ~ Ui ~ ~ r i i ~ N ~ l0 M N O1 l0 [~ 00 ~ C O L(l tl' M r-I t~ N 01 O~ M lp a' 00 ~--~ 00 i CO ri rl N N Lf) 1D M N N 01 CO [~ N CO [~ N [~ l0 N O 10 lfl L!1 rl [~ CO z i W i CO 01 N N O O 1~ Ol ~ r-1 L(1 O C~ CD c1' M C' L(1 01 O ~ ~O ~D rl ~D CD M LL i N l0 Lfl 01 dr Ul l0 C I~ lD L!1 Ul M l~ ~ r-1 C' L(1 1~ r-i N dr Ol r-1 O C' M O ~ ~ ~ N r-I .-~ r-1 N N N r1 M M ~-i rl N N N ~--~ ~--~ ~ i h ~ I I I I W ~ I I 'z i ~D OD CO Lf1 N r-1 r-I r-I r-i M N Lfl LI1 N N M M ~O M r-I r-I M OD d' M N rl i O O O O O O O O O O O O O O O O O O O O O O O O O O O [~ (~ r O O O O O O O O O O O O O O O O O O O O O O O O O O O 'Z.~ H i if 1 lIl [~ ~0 [~ Q~ ~O tf1 O~ r-I r-I ri r-1 1D l~ N [~ LI1 l~ r•-I O Lf1 Lfl N M N O ] C4 i O O M O O N N N O r-I N N r-I N N O ri O r-I N N r-1 O r-1 M M ~ ~ i M M M rl r-i r-i r•-i r1 rl M O O O rl ~-1 M M M cr O O O r-I r-I N N N U ~ O O O O O O O O O O O CO N L(1 lf) lIl lfl Lfl L(1 Lfl 111 lf) O O O O O U ~ I~ (~ ~ [~ (~ r (~ (~ [~ r 1D CO O M M M M M M N N N ~O lD l0 ~D ~O Q, ~ l0 ~ lD l0 ~ l0 t0 l0 l0 l0 W dr Qr C' d' Vr V' Vr a' V' V' d' C d' [}' Vr Vr i r-I r-I r1 rl r-I r-I e-1 ri rl rl O N N W W W 00 c0 O ~ O O O O O O CO ')-~ i O O O O O O O O O O O O O O O O O O O O O O O O O O O W i ~-i '-i r-I r-I '-i r-I rl r-I r•-I r-1 ri r-I ri r-1 r1 r-1 ri r-1 r-i r-1 ri r-I ri ri r-1 ri r-1 ~ i ~ W (1I ~ H CG ~ M N [}' a' M V' M M N rl l0 rl N N .--I L(1 M N N ~ <t' ~ rl .-~ N M O O z~ O O O O O O O O O O O O O O O O O O O O O O O O O O rl CIS ~ ~ M O~ V' M O r-1 CO l~ ~ [~ ~ [~ ~ r-1 O M I~ ~ ~ C M If) N 10 l0 r-1 O E-. ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F z r Q1 l0 0~ M M t1'1 N Q1 lfl V' N In t!1 C N G~ I~ N r-1 ~ l!1 ~ Ul V' Q1 ["1 10 0.'. 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Q CL ~ I ~ I i Z~ I i [-+ i Z ~ ',~ i Q I U I M M O O O O~ O O Ql d V~ Lfl O O M M N O ~0 O ~ r O M r-I N O O N L!1 ~-1 O V~ l0 ~ Lh O O d~ L!1 r-I f-I O O C' M O O r a' ll1 r O O ~fl Ul M O CO O r CO O Lfl H O N O l71 N .-1 LIl r-I N N O O O M O 01 O O O r rl ~ ~' CO N O O H r r r N •-i N O O O 01 ~ Ol O O O r ~D ~O O M O O O r-I OD W CO ~ O 0~ O C H H UD M M O O M 0~ O O r-1 t11 O O O O O~ 01 N M t11 C~ M lfl O O O O O O O O M Q1 r l0 O O O O O O O M a0 ~0 ~ M N tf1 lp Ol 01 N O O O O O r-1 O~ Ol Ol Ol 0~ Ol r O ~ O l0 ~D r-I Ol M O O O C Ql r--1 Ol M O ~D O N N O O W CL~ U I FC ~ M M N N M N M M N N M M N N M N M N M M M N N N M M M N N N M N M M N N M M M M M M N N N N N N M N M N V' N 0 w 0 r ~ 1 ~~ N 0~ ~ a ~ ~ o N r-I .... 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O r-I M M ri M Ol M M O~ O~ rf i r-1 M N ~ cr ~' d~ V' Q1 01 ~ M l~ N M Q7 M CO ~0 ~0 O~ L!1 M O CO O O ~ N ~-I M H r-i rl ri H ri H r-I ~-i lp V' LIl ~D ul rl H f-i f-I L(1 l0 O '-i N N ti i O O O O O O O O O O O O O O O O O O O O O O O O O O O i rl H r-I H r-1 r-I r-i r-I f-I r-i ri r-1 H .-1 r-I r-a ri ri ri rl H e--1 H '-i r-I r-I r-I i .a ~ W W ~ E~ C2' M r-I l0 a0 ~-1 N ~-i r-1 li 1 N N H V' N N M M N ~M M N U'1 M M V' ~' V' O Z~ 0 0 0 0 0 0 0 0 0 0' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C(1 ~ ~ l0 O~ N N Ol O [~ l0 N M CO OD CO r-i a' l11 CD O N H 0~ O ~D l0 OD lf1 l0 H~ O N O O O O O O O r-I CO O O O O O O N O O O O O r-I O O O E--~ z ~ N ~ CO r-I Ol ~O O~ C N O~ Q~ 0~ Q~ [~ O~ M ~D l~ N M l~ ~ Lfl H 01 H ri R' `J ~ ul N O ~ ~O N Lfl M O O O 10 Lfl lD CO O rl N Ln Lfl Ol M O lD L~ N l0 O O~ o r-+ 0 0 0 ~ o ~ ~ ~ r+ o o ~ m o o .-i .-i ,~ ~ ,~ M o 0 0 0 !.L U ~ ~D l~ Ql O O O N N M M M U"1 ~D ~D ~D Lh H r-~ ~-1 r-1 ri N N M M ~ ~ W U ~ rn ~ c ~n in in ~n ul in ui ~n ur ui ~n ~n ~n 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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' lullding Footprint ~' ®a ®SLl F-® ~~ ? ~~ 7 " ' - i ® J:y ~- a d t .3 Lei ~ 7 l ® - , ~ a ~ ~ \ .1 J 7 ~ l ~ aa ® v A ~ ~ a l .3 ~~ a _~~ ,'i 't ~~ s O - 7 ~ .~ J ~ li 1 `~. ~ - o } .~ y ~ 3 nt ~ i i ~ ~ ..~ -e' ? ~ i -'wu ~ 4til _~~ _ ~'~ Sub'ect Site `' ~ , J~ _ 6 .. J ~. i ''? j '1 E !~ J .~ 'J .~~ J $ i r ~.)~ .J ~ i~~~ roilCR ~ ~. ~ ~ 1~ '~~~ ~ ,~ . ~ 1 ~ `~ t O ~_ 1000 0 1000 2000 Feec 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 . f THIS MAP IS INTENDED FOR REFERENCE USE ONLY W' E en nn Clt o v ~ The City o} Eagan and Dakota County do not guarantee the accuracy of this Information and are S Ce1nmuNty Develep1nent DepaRrr~nt not raaponalbla for arrora er omissions. 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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 "I Q -YANKEE DOODLE ROAD ~~ r~" ~ ~ ~~. .~,~ R0. TELL RD. 0 as / ¢ U S 3cr~ ~ ~ z ~~~ - PROPOSED LL VACATION - IFFLEY ROAD DIFFLEY ROAC ~ ~ ?~ W F _ !n m 0 Z o Y z J _~ m cum Ra,o CLIFF ROAD n- GNa'a1bm1YE1CURR`RRAIL Lots 1 & 2, Ik. 1, Heine Add. Proposed Easement Vacation 4/20/03 City of Eagan Location Map 4 DIFFLEY ROAD ~ ~ I I Lot 1 I I I I W ( Drainage & Utlity Easement ~ ~ i to be vacated ~ I ~ 4~ ~ W I Z Heine I = ~ I First I ~ Addition ~ I ~ I I Heine P°nd Lot 2 i I 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 (~/1k1f1(111TAITl 111 AI/~ "7 ~ ~Al.l~ V1/1vU\~I'111V1V1`I IVt~ /`) ,IVt~~ IAI=AI'y~l ~Aln DTI I n_ ~ a AI .,~l~ll"111--TAi-1 n~ ..~.IVL~.L ~IVU ~ ~ll.l. VI ._H~7HIV 1,\~IVUtII`'I11V1U1`I r, _- n n n T T T n A l ~ ~~~~ HUU1 11lJIV ~- . ~ ~ ~~ ~ ~~ f,• T• nr.. n.T„ I.J • r J• .r ~J ;.•- •.n r V•', ". Ll I M V VVIY 1 I .V"L/ ~1~.7 1 \J.` f1N 'INr IYV ~~N pg gA i T f"~. "_ h 1 V L . . v/1. .•rT'~ T•T~ ITn J~~. .r• ...~ ~~~ y `J.f ~ ~. I h ~ .. 1 V j~,7.'~efn ~ IY\/ V L aA~tat V~ ~ :m+o Ia1M lM a ~ ,e. !K >! - 7 n - a a - - - - - - - --y.. - - Agee. m„*. c.l... ---~ . ~.N... ~, enr~-`- n•n~ avg. .`.1 P1tJf+vl ~ R.Balwl • aoewns em. ~~ ta.oo f~TT 2!3.00 e e- ..-~ 7y ~ -e e In.~ ih.71 ~ _ _ ~ - - - - - - - - -r _ . ~\ \ ~ - - - - - - - - - - - -1 I i r ~\ \ .~ I b ~ ~i 'r I , , 1 = • . , 1- r I \ , I \ \ 1 '~r~ I A t~ ~ ~ 1 O 'b, ~ i r~l- . J .aa 1iV`_ ~ ~ I ~ .L Cf) I ` a ~~~~~ uo_ ~~ G i_ Icnni t~~or`I_ a T ~ 1 ~~~ ) ~. ~~ i i I g I FL ~i+• 1•'~' ~~+ ' 1 IQ r~) ~,~ ~ 1 a. ~ , i i = DR4INe6E r. ~ i ~ ~ I I ~ ~ , ,~ _ • ~ ~ w npep ~,~ \ \ I \ _ 1 ~: I fJ ~ I C \ ~~4' I I Y / \ r I ~ ~ \ 1 EASEMENT G , ~ d \ ~ w ( ' \\ I fs•. u - - - - - - ' -- - I rul .oo I.a I f I n nnTTTnAI I I HUUl 1 1VIV ~ I I I L 'f1e ttonL be ante Nerlhaft was ArsA~An 7t, Tow+eh4 77, Rank 3). 11a ~ muted ~ of wee. • Deflota a bud ion ppe moeAeetes. O Daotrs A at X ncA ~ 11 ie- ioo pipe enwAalefe f•'i-f a pkuti fa0 mrknd `RLS t67S. uJm ot7snrtae ,I,o..,. - e - a -e- Danota ^91ti ofalss dAdiaa~d b Dakau [Quay BercA Meek: top M MdtAM 91 fat ar ald 77 Gxf eon.A of IfpflAl.lfl tenlar tat 1. HEINE: flRST ADDITION ~ 993.Sa (N.G.V.D. 1979) Tr ~ V~ r li. aIR w v ~ v. ~ v. 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/ Location Map a Eagan /oua+dary fhNt 6a1faF11M /weal 4aa ~ [uualey rootp~trn ..~ ,--~ ~=-~; ; --1-, ~ ~ ~ , ~ ~~1~'~ ~~~ a I~J ~`~ I71~ € J ~ ~~ ~ ! ], ~' i t I ~„~ ; ~. i ~ ~~ .' ~ ~ ji ~ ~ jl~ ~ Ii .J ~ t c r~ , ; III, ,.~ ~ ~Q J ' ~ \y~ Site ~ I ~ M' ,,f_ II' ._.__ ~ ~~9I ~i ~~ ~ ,® I ~ ~ ~~ i '+ i ' \ ~~ 7 ~ ! 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J.~r \ _~~:;, 1 'I :~,- .l ~.,t-~ r _ ~~es ....... -~ a - ~~- - , _. - - - - ~t :i~rs'or s[taro Gty Prot No. 00-BP-BB \cp ~ NORTHW000 8l1SINE55 PARK a71Y[ Qfrw • A~waMtK ba ~ ~ ~~ `'R' ~"~ ° "[ '~O r aw.n~ r r.M~ r ...~~ r~.r w .~ ~ . ~ wr m ~ 2ND ADDITION ~ ~ ` a..... r as .....~• ~, ~. y GGAM YII ~ a.. armor rr ~+~• *~a .r. r ~ f01f; f[NMr~-~ Aap.~rar r. ~ r rr~ amo w y \ RDCKCUFF DE~ELDPwENT, LLC J, an a w~. w.a ~ ~ ao ..ram Q.~/ERA COM T PLAN k J w..a~ a.~~ ~. ~r '°" r^+ n~~"r ~"~ r arN u. r w u o m ~1 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 ~~~` Location O Japan Boundary ~,, Strwt Centerline ~areN Area Eulldiny footprln ~; ~~ ~ ~i 'I~ I I ~ ' I ~ r \~~ ~. ^ i ~ ;~, ~~ / ; ;~ ; L-- ~ ~ ; I i I ~ i-~ ; J ~ I I i I i, \\ ,; ;,~ ~; ~ I' , I , / ~ ~ ~~ ~~ / l.~ AR NIrFN. rtF-- ~~ ~~/ ~ ~ i ~ ti ~ r ~, 3 ~ } ' ; ~ I :;~ ~i ~ _ ~ .j/ Sub'ect Site ~ ~ g - ~I ~~ a ~ rCJ i " ~ -. i j I ~ .. .,~~ ,~? j r r "~ +. ""~' ~ . ~. ~ _ 3 ~ ~ ~~. I ~ - ~ ~ ~ j ~ 4 _ I~ ~ ~ a ~ ~ ~r ~ ~ ~~a '~ ~.... tt '' ~ ~ •" ~ ~ ~ . . q 7 O o ~ y i 3 ~ • I 9 > 3 ~ e a r ^ m o a 7 ~ ~ ~ / f . 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 µ E 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 ~~`~ '~-- _~ L -r' ~ ~. _. _. , ay _ ~~_~ i 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 Enclosure ~tI~~EAP~tLIS, MN ~~~ij-~3l-~ //~ TEt : ~Ji? ~?u. 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SaC (an;3r a35 -a3+~w: ~ :•71:: :~ .~; ~ =~ R~; 1 ~~ i ~~ _ o_ -;. ~:~ • Rf ~ ~ , r ~ •'r.r•: _ %:T: y :i `~ v'; ~ i : s; ~ m.u a~rssta / 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 Q esy,r, sour,d,ry Location Map st.Nt C.rlt.rlln. .art:.l Ar.a 6ulldlny ieotprlnt ~/ 'ir y; / ~~ , ~; ,;, ~- ~~ i ~~ / ~' ~~ e~, ~~~ ~~ ~ ~~ ~~. ., ~ t ~. ~ ~ ~ ,J~ c) ! / ~ ~ ,> ~- p ~ J : :, 1 ~~ .,,, - ~ ~?1'' f J ~ > i ._ i Sub'ect Site ~ ~ i '1 i - a ~! - ~I ''~ ~ JI. .J~ c; W -r -?=1 1'~ 'r-- ~ i' _ \ i 1 \ ,. ~. , .f ~ `~ 1 ~ ~ ~ ~ ~ i 1 ` _ ~~~ ~ ! _` l F (\\ l E ~~ ~\ tl ', ~ 1 ~ :, ~ ~, ~~ I ~i ] T~1 ~~~! Ti! =~q'Td '' Jlt; ~ i 7i 7 ~~i~: ~ ll P _~ l »i !~ .r= ~~ ~~ ~ ,~ fly a; °~~ ! F ., -~ .~ ,~~ a~=:~ 1:^ r :i.-, ~V= -~. ! j ~, ~`~ , ri-T" ~ ; , _-; :! J ~ ~ ! ~ ~~~ ~,~` ~ ' ?? ~ ~ ~'.•;// ~L IL :~ ~' ~'•' ~~• i ~t~ t~~.~ ~~ r ~~ ~ ~, :~ ~ > >?,nli ~~, ~-~-- i] _ ~ '~ ~~ =~ , .. / ~ ~ '1 ~ Se _ 7 J 7J 4 _ i 4 _ ~V + ~~, - ~ ,''"~ :r tOCC 0 1000 2000 Feei DevelopmenUDeveloper: River Run Properties Application: Preliminary Subdivision Case No.: 04PS-01-02-03 Map Pgparsd using ER51 McVlar ].1. 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I I ~ . i i '•t '1; 3 =` = IBS = ~ ~~1 ,sii a ~ •• t.' q a 1 ~1 ~ f t~ ~ ~ •; ~ ~'' Y i ~ + ~ 9 i ~ i~ .t i j~ !t ~ '• t iYS i. 13!3 ~i ' I ~ ~ ~ 'x t; y s ; l i; •~ ~ 13iis~ il~ i i f t ~ D f~ . ~ ~ a 3 G Y t• •tYtY y; YIt }} i W i Y ~ ~ r .: x Z ' X24 ; ' i ' :ji:l i fii yii i; .~• ~~ ' W ~ Y ~ 'a3 1 `i~ ` . !• t !fi 1 ~ . tf! i. , ?tti~ ~yt~t i; ~i~ ti i I t' , o - :~ V _t_ _it ..13L ::.3~ Ali ciE -- s ~ t3s ~~ 3:j ti "..._ ~v .. 1 _.. „_ _'- ~,. • a. ~ i 3 ~. ti -Sk .. .~._ .o ~ v .J '- -- ----- - ,a a, / --~^ e ' ~ ~ • ~ `' ~.. 1 i ~i i s ti I" _ + ^ ^ .. - . _ . --. .m w. .~ ,.... s a ~ _ _ _ . S • ti F.. i ~~ i i ~N ^f^ ., 9 ~ ~~'~ y4 _D. toi I sE i S °a~~a~.~ ~ ~ral~~ v' - 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/ amonm,i~~«~io2