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09/02/2003 - City Council Regular
~- ~, AGENDA •.~ ~.~ ~.-~ EAGAN CITY COUNCIL -REGULAR MEETING " EAGAN MUNICIPAL CENTER BUILDING SEPTEMBER 2, 2003 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA .Z, A. APPROVE MINUTES ~, ~ B. PERSONNEL ITEMS ~ C. CHECK REGISTERS a~ D. APPROVE Tree Maintenance Contractor License ~3 E. APPROVE Joint Powers Agreement for Domestic Preparedness F. APPROVE Memo of Understanding for Dakota County Radio Work Group ~ G. APPROVE City Sponsorship of New Urbanism and Redevelopment Conference, Minnesota Real Estate Journal and University of St. Thomas, November 6, 2003 5 H. DECLARE Bicycles, unclaimed property and miscellaneous City property to be surplus P I. APPROVE Contract with Dakota County for Auction Sales Services P6 e~ J. APPROVE Final Subdivision & Final Planned Development, Blue Ridge Fifth Addition - CSM / Properties, Inc. /pb / K. APPROVE Final Subdivision, Northwood Business Park 3`d Addition -Northwood Equity, LLC ~' L. APPROVE Service Agreement with American Engineering Testing (AET) Services ~ M. P APPROVE Work Agreement with WSB Inc. for Projects 859 (TH 55/Lexington Avenue/Blue / ~ Gentian Road -Intersection Reconfiguration) & 877 (Lexington Avenue, Lone Oak Road to TH / 55 Street Improvements) ~~ N. RECEIVE Final Assessment Roll and Order Public Hearing for Project 764R (Sehnark, Harvey, Burrview -Street Improvements) ~9 O. RECEIVE Final Assessment Roll and Order Public Hearing for Project 875 (Lexington place & Lexington Place South -Street Improvements) SD P. RECEIVE Final Assessment Roll and Order Public Hearing for Project 876 (Drexel Heights Addition -Street Improvements) ~' Q. AWARD Contract, Contract 03-12, TH 13 & Silver Bell Road Intersection Improvements S~ R. APPROVE Change Order No. 1, Contract 03-O1, Town Centre Street and Traffic Improvements ~~~ S. DIRECT Staff to Proceed with Developing a Proposal for Transition of the Volunteer Fire Department from an Organizational Entity to a City Department ~T. APPROVE Transfer Of General Fund Fund Balance Designated For Bond Retirement To Debt ~ Service Funds V. PUBLIC HEARINGS ~~ A. VARIANCE -Dan and Annette McKeag - A Variance of six feet to the required 30 foot setback from public right-of--way for a house addition and deck on Lot 10, Block 3, Lexington Pointe, located at 976 Pointe Way in the NE'/< of Section 26. 96 B. VARIANCE - City of Eagan - A Variance request of five feet to the minimum 10 foot side yard setback for living space on Lot 15, Block 1, Perron Acres, located at 3966 Arlene Court in the SE '/4 of Section 24. p /()~ C. VACATION of Public Right of Way, Yankee Drive (to be continued to December 1, 2003) /~,c D. PROJECT 893, Diffley Frontage Road, Street Improvements VI. OLD BUSINESS ~r3 p A. PLANNED DEVELOPMENT AMENDMENT -Sam's Club. A Planned Development Amendment to allow the addition of motor fuel sales on property located at 3035 Denmark Avenue, south of Lone Oak Road and east of I-35E in the NE '/4 of Section 10. (continued from August 19`" City Council meeting) ~~~8. PLANNED DEVELOPMENT AMENDMENT -Eagan Hotel Group, LLC. A Planned Development Amendment to allow the location of a maintenance building within an easement and to amend the original landscaping plan of Lot 2, Block 1, Honey Tree 15` Addition, located at 4510 Erin Drive in the SW '/o of Section 30. (continued from August 19`ti City Council meeting} ~,y ~ C. CONDITIONAL USE PERMIT CLARIFICATION -Tree Mitigation Plan Requirement, Keystone p Communities of Eagan Senior Housing Project, Silver Bell Road and Cedar Grove Parkway VII. NEW BUSINESS ~,SgA. PRELIMINARY 2004 GENERAL FUND BUDGET • Adopt Preliminary 2004 General Fund Budget • Certify the Preliminary 2004 Property Tax Levy • Set Truth-in-Taxation Hearing Dates • Change the Date of the First Regular City Council Meeting in December to Monday, December 1 ~~6rD B. CONDITIONAL USE PERMITS - Velmeir Companies - A Conditional Use Permit to allow a arive- through facility and a Conditional Use Permit for a pylon sign on Lot 1, Block 1, Diffley Plaza, located at the SW corner of Diffley Road and Johnny Cake Ridge Road in the NW '/< of Section 28. ~~ ~ ~ C. INTERIM USE PERMIT - WAL-MART - An Interim Use Permit to allow the temporary outdoor storage often trailers on Lot 1, Block 1, Town Centre 70 Eleventh Addition, located at 1360 Town Centre Drive in the NW '/o of Section 15. ' 4~ D. ORDINANCE AMENDMENT - City of Eagan - An Ordinance Amendment of the City of Eagan, Minnesota, adopting the Zoning Map of the City of Eagan, Minnesota, Pursuant to Chapter 11 Entitled "Land Use Regulations "Zoning)" Section 11.20 Subd. 2 of the City Code Regulating Use Districts. The proposed map incorporates zoning changes identified with approved Special Area plans and all zoning changes approved by the City Council since the last map publication dated October 17, 2002. VIII. COMMUNITY CENTER UPDATE IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE X. ADMINISTRATIVE AGENDA ~aODXI. ECONOMIC DEVELOPMENT AUTHORITY XII. VISITORS TO BE HEARD (for those persons not on the agenda) XIII. ADJOURNMENT XIV. EXECUTIVE SESSION The City of Eagan is comrriitted 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. r ~~ ;. ~~ MEMO aty of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 29, 2003 SUBJECT: AGENDA INFORMATION FOR SEPTEMBER 2, 2003 CITY COUNCIL MEETING ADOY1''A(JENllA After approval is given to the September 2, 2003 City Council agenda, the following items are in order for consideration. Agenda Information Memo September 2, 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 New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the August 19, 2003 regular City Council meeting, the August 2 Listening Session, the August 26, 2003 special City Council meeting and the August 12, 2003 special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the August 19, 2003 regular City Council meeting are enclosed on pages 3 through ~. • Minutes of the August 19, 2003 Listening Session are enclosed on page ~. • Minutes of the August 26, 2003 special City Council meeting are enclosed on pages through • Minutes of the August 12, 2003 special City Council meeting are enclosed on pages through ~. a MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota August 19, 2003 RAFT A regular meeting of the Eagan City Council was held on Monday, August 4, 2003 at 6:30 p.m. at the Eagan Municipal Center. Present were Councihnembers Carlson, Fields, Tilley and Maguire. Mayor Geagan arrived at 7:00 p.m. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary /Deputy Clerk Mira McGarvey. AGENDA Councilmember Tilley moved, Councihnember Maguire seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 (Mayor absent) CONSENT AGENDA Items T and U were pulled from the Consent Agenda for discussion and it was noted that item J would be continued. Councihnember Tilley moved, Councihnember Fields seconded a motion to approve the balance of the Consent Agenda. Aye: 4 Nay: 0 (Mayor absent) A. Minutes. It was recommended to approve the minutes of the August 4, 2003 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Krista Shevlin, Judy Martinelli, Samantha Hetzel, Jill Greenan, Amy Crary, Diane Keefer, Gayle Mueller and Denise King as fitness instructors at the Community Center. 2. It was recommended to approve the hiring of Rebecca Kruger as apart-time guest services representative at the Community Center. 3. It was recommended to approve the hiring of Jean Baic as a full-time maintenance worker at the Eagan Community Center. 4. It was recommended to approve a Time Spent Profile (TSP) revision from exempt range H to exempt range I and a position title change to Administrative Assistant/Parks Recreation for the current Parks and Recreation Office Supervisor position. 5. It was recommended to approve the hiring of Lisa Same, Beverly Underdahl and Jennifer Kasiewicz as Preschool staff. 6. It was recommended to accept the resignation of Community Service Officer Tom Bohrer as of September 4, 2003. C. Check Re isters. It was recommended to ratify the check registers dated August 7, 2003 and August 14, 2003 as presented. D. Premises Permit Application. It was recommended to approve a premises Permit Application for the Eagan Lions Club to conduct a pull tab operation at Al Bakers, 3434 Washington Drive. E. Ordinance Amendment. It was recommended to direct the City Attorney to re-publish City Code, Chapter 11 (Zoning) Amendment swnmary. F. ZoningMaRUndate. It was recommended to initiate an Ordinance Amendment updating the City of Eagan Zoning Map and to waive notice requirement for the City of Eagan Zoning Map update. G. Final Subdivision. It was recommended to approve a Final Subdivision (Kennerick Second Addition) to create 17 lots on approximately 8.5 acres located west of Pilot Knob Road and north of Lone Oak Road in the SE '/< of Section 4. H. Final Subdivision. It was recommended to approve a Final Subdivision (Greyhawk 2°d Addition) to create 44 townhome lots and one single-family lot on approximately 8.3 acres located north of Diffley Road and east of Blackhawk Road in the SE '/4 of Section 20. I. Final Subdivision. It was recommended to approve a Final Subdivision (Sienna Woods) 'to create seven single family residential lots and one outlot located at 4795 Dodd Road in the NW '/, of Section 36. 03-48 03-49 03-50 03-51 3 Eagan City Council Meeting Minutes August 19, 2003 Page 2 RAFT J. Item pulled from a eg nda. K. Contract 03-02. It was recommended to approve the fmal payment for Contract 03-02 (Lexington Place / Lexington Place South / Drexel Heights Addition -Street Overlay) in the amount of $16,378.12 to Bituminous Roadways, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. L. Contract 03-10. It was recommended to approve the fmal payment for Contract 03-10 (Sehnark/HarveyBurview Additions -Street Overlay) in the amount of $13,403.84 to Bituminous Roadways, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. M. 2004 CIP Street Improvements. It was recommended to authorize the preparation of a feasibility report by the City Engineer for Projects 894 (Coachman Land Company, Century Point and Donald Court -Street Improvements), 895 (Lake Park shores and Thomas Lake Additions -Street Improvements), 896 (Lakeside Estates -Street Improvements), 897 (Wilderness Park 2°d and 3`d Additions -Street Improvements), and 898 (Terminal Drive Street Improvements). N. Contract Modification Approval Authorization. It was recommended to approve the City Administrator and/or Department Director to authorize modifications to an approved contract scope of work up to $25,000 for subsequent ratification by the Council. O. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on September 16, 2003. P. Contract 03-13. It was recommended to approve the plans and specifications for Contract 03-13 (Borchert Lane -Street & Utility Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, September 11, 2003. Q. Service Agreement. It was recommended to approve an Amendment to the Service Agreement with Braun Intertec Corporation authorizing the following designated City staff to execute work orders for requested engineering services: Public Works Director, City Engineer, Assistant City Engineer, Construction Manager, Superintendent of Streets and Equipment and Superintendent of Utilities. R. Environmental Site Assessment. It was recommended to approve a proposal from American Engineering Testing, Inc. for a Phase II environmental site assessment on the Kopacek Property. S. Board of Adjustment and Appeals Hearing It was recommended to schedule a Hearing on September 16, 2003 for Board of Adjustment and Appeals regarding request by Central Irrigation Supply to review Eagan City Council denial of a Rezoning from Transitional (T) to Neighborhood Business (NB) for property located at 2785 Pilot Knob Road. T. Resignation of Commission member. Pulled for discussion U. Senior Program Development Committee. It was recommended to approve the formation of the Senior Program Development Committee per the recommendation of the Community Center Operations Committee. Pulled for discussion V. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements within Greyhawk Addition and schedule a public hearing to be held on September 2, 2003. T. Commission Member Resignation. Councilmembers thanked Lee Ashfeld for his years of service to the City of Eagan while serving on the Economic Development Commission. Councilmember Fields moved, Councilmember Tilley seconded a motion to accept the resignation of Economic Development Commission member, Lee Ashfeld. Aye: 4 Nay: 0 U. Senior Program Development Committee. Councilmember Fields requested this item be continued to a City Council work session to allow for detailed discussion. Councilmember Fields moved, Councilmember Maguire seconded a motion to continue discussion of the formation of a Senior Program Development Committee per the recommendation of the Community Center Operations Committee to the September 9, 2003 City Council work session. Aye: 4 Nay: 0 (Mayor absent) Eagan City Council Meeting Minutes August 19, 2003 Page 3 R ^i ~T OLD BUSINESS PLANNED DEVELOPMENT AMENDMENT - EAGAN HOTEL GROUP, LLC (DAYS INN) City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a maintenance building within a utility easement and modifications to the approved landscape plan on property located at 4510 Erin Drive. Senior Planner Ridley gave a staff report. Beth Timm, representing the applicant, questioned the requirement of security lighting on the east side of the existing building. She requested a continuance to allow time to discuss the security lighting issue further with staff: Councilmember Carlson moved, Councilmember Fields seconded a motion to continue consideration of a Planned Development Amendment to allow a maintenance building within a utility easement and modifications to the approved Landscape PIan for the property located at 4510 Erin Drive, legally described as Lot 2, Block 1, Honey Tree 151 Addition, in the SW '/4 of Section 30 Aye: 4 Nay: 0 (Mayor absent) PLANNED DEVELOPMENT AMENDMENT -SAM'S WEST, INC. City Administrator Hedges stated that the applicant for this item has requested a continuation until the September 2, 2003 City Council meeting. Councilrnember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a Planned Development Amendment to allow the addition of motor fuel sales on property located at 3035 Denmark Avenue, south of Lone Oak Road and east of I-35E in the NE '/< of Section 10. Aye: 5 Nay: 0 (Mayor absent) INTERIM USE PERMIT -DUKE REALTY CORP. City Administrator Hedges introduced this item regarding a request for an Interim Use Pemut to allow additional outdoor tractor trailer/truck storage at 1245 Trapp Road. Senior Planner Ridley gave a staff report. Bob Smith, representing the applicant, discussed the interim use permit request. He stated that the number of trucks could be decreased if necessary. Councilmembers discussed the number of trucks to be stored on the site and it was agreed that a maximum of thirteen would be appropriate. The time frame of the interim use permit was discussed and it was agreed to limit the permit to five years. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve an Interim Use Permit to allow an additional nine outdoor tractor trailer/truck storage on Lots 1 and 2, Block 1 Eagandale Center Industrial Park No. 12 at 1245 Trapp Road, subject to the following conditions. Aye: 5 Nay: 0 1. This Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. Outdoor storage shall be limited to tractor/trailer and straight truck storage in the amount and at the location shown on revised site plans dated June 20, 2003. 3. The north parking lot shall be restriped to accommodate the angled parking of 13 53 foot tractor/trailers at the location shown on the revised site plan dated June 20, 2003. 4. Outdoor storage of tractor/trailers may only use required off-street parking spaces if the tenant parking needs are met by existing ofd street parking spaces at the north side of the subject lot. 5. All trailers must be stored in an orderly fashion. 6. Additional coniferous landscape material shall be added between the storage area and I-494 to more adequately screen the designated storage location to be completed by October 15, 2003. 7. All parking and storage areas shall be properly maintained to prevent deterioration. 8. The Interim Use Permit shall expire on August 4, 2008. S Eagan City Council Meeting Minutes August 19, 2003 ^ Page 4 " ~, ~ R,, 9. The Interim Use Permit will be subject to annual review for compliance. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING AND PRELIMINARY SUBDIVISION (MARCELLA WOODS) -BRIAN OLSON City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to establish a LD, Low Density residential land use guide plan designation upon 65.4 acres of land located at 4880 Pilot Knob Road. Senior Planner Ridley gave a staff report. Brian Olson, applicant, and Council discussed the proposed landscaping adjacent to the existing soccer fields and front yard setback requirements. Councilmember Carlson moved, Councilmember Tilley seconded a motion to implement a Comprehensive Guide Plan Amendment to establish a LD, Low Density residential land use guide plan designation upon 6.4 acres of land located at 4880 Pilot Knob Road in the SW '/< of Section 34. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Rezoning from A, Agriculture to R-1, Residential Single District for 15 single family lots and one outlot located at 4880 Pilot Knob Road in the SW '/o of Section 34. Aye: 5 Nay: 0 Councihnember Carlson moved, Councihnember Fields seconded a motion to approve a Preliminary Subdivision (Marcella Woods) to create 15 single family lots and one outlot located at 4880 Pilot Knob Road in the SW '/, of Section 34; subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, 2, 3, 4, C1, 2, 3, D1 and E1. 2. The property shall be platted. 3. Outlot A should be reconfigured into Lot 9 and have an easement established for the trail connection in a form acceptable to the City Attorney. 4. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 5. Upon fmal Subdivision a revised Tree Mitigation Plan that reflects that mitigation trees are not placed within the trail easement, or within 15 feet of utility easement areas. 6. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 7. The applicant shall contact the City Forestry Division and set up apre-construction site inspection at least five days prior to he issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan nad placement of the Tree Protection Fencing. 8. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. 9. The developer shall be responsible for obtaining the necessary public easements to allow for construction and future maintenance of the storm water pond on Lot 1, Bock 1, Chapel Hill Baptist Church Addition subject to City Attorney review. 10. The development shall be responsible for a cash trail dedication. 11. The development shall be responsible for a cash parks dedication, minus credit given for the grant of trail easement. 12. An approved and unmarked trail connection between Lots 7 and 8 where the proposed drainage and utility easement is located shall be provided. The dedication will be in the form of an easement established for the trail connection in a form acceptable to the City Attorney. 13. This development should meet the City's water quality requirements through a combination of on- site ponding and cash dedication. 14. The storm water pond should be constructed to treat 2.7 acres of the site area. It should have a minimum wet-pond volume of 0.25 acres-feet and should have a minimum area of 0.16 acres. The 6 Eagan City Council Meeting Minutes August 19, 2003 Page 5 ~~ '~ ~ T storm water treatment pond should be constructed according to NURP standards with a maximum depth of 6 feet and a 10:1 aquatic bench. 15. In lieu of ponding to treat storm water from 3.8 acres of the site, a cash dedication should be required. 16. All existing structures shall be removed upon development. NEW BUSINESS PRELIMINARY SUBDIVISION (WENTWORTH PARK) AND PLANNED DEVELOPMENT AMENDMENT -GENERATION 2 City Administrator Hedges introduced this item regarding a Prelinnary Subdivision to create eight lots on 2.82 acres on property located south of Cliff Road and west of TH 77 on Slater Road. Senior Planner Ridley gave a staff report. Jeff Sawyer, applicant, made a presentation regarding the proposed subdivision. A neighboring property owner expressed concern over noise abatement but was agreeable with the over-all development. Councihnember Fields moved, Councilmember Maguire seconded a motion to approve a Preliminary Subdivision (Wentworth Park to create eight lots on 2.82 acres on property legally described as Outlot A, Prairie Oaks, located south of Cliff Road and west of TH 77 on Slater Road; subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, B4, C1, C2, C4, D1, E1. 2. The property shall be platted. 3. The applicant shall fulfill required tree preservation mitigation through the installation of thirty-two (32) category B trees (or an equivalent combination of category A and/or category C trees and/or cash payment). 4. Along-term tree survival plan be prepared by a certified arborist and implemented on all trees with encroachment in to the Critical Root Zone. 5. Tree protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 6. The applicant shall contact the City Forestry Division and set up a preconstruction site inspection at least five days prior to the issuance of a grading permit to ensure compliance with approved Tree Preservation Plan and placement of the Tree Protection Fencing. 7. The developer shall not plant large-growth landscaping within the area of the drainage and utility easement. 8. The development is subject to cash park and trail dedication. 9. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a Town Office Association. The documents should be submitted and approved by the City Attorney's office prior to Final Subdivision approval. 10. Lot 8 shall be owned by the Town Office Association. No building permit shall be issued for Lot 8. 11. To the extent practicable, a buffer of natural vegetation outside the boundary of the wetland should be maintained before, during, and after construction. 12. This development should meet the City's water quality requirements by creating stormwater treatment capacity through a minimum wet-pond volume of 0.23 acre-feet covering an area of 0.15 acres. The stormwater treatment pond should be constructed according to NURP standards with a maximum depth of 6 feet, a 10:1 aquatic bench, and an outlet structure acceptable to City standards. 13. Afire hydrant shall be installed in a location approved by the Fire Marshall. Councilmember Fields moved, Councihnember Tilley seconded a motion to approve a Preliminary PIanned Development for seven "town offices" on property legally described as Outtot A, Prairie Oaks, located south of Cliff Road and west of TH 77 on Slater Road subject to the following conditions: Aye: 5 Nay: 0 Eagan City Council Meeting Minutes August 19, 2003 Page 6 RAFT 1. The applicant shall enter into a Preliminary Planned Development Agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. This Planned Development is for Town offices. Residential occupation/uses shall be prohibited. 3. The applicant shall enter into a Final Planned Development Agreement with the Ctiy. The following exhibits are necessary for the Agreement: • Final Site Plan • Final Building Elevations Plan • Final Tree Preservation Plan • Final Landscape Pan • Final Lighting Plan • Final Signage Plan • Noise Abatement Plan 4. Architectural relief shall be provided on the rear of the units (abutting Slater Road) with use of varied material, such as matching brick from the front. 5. Wall and pole-mounted light fixtures shall be shielded to reduce glare. 6. Al light fixtures on poles shall not exceed 20 feet in height. 7. All mechanical equipment shall be screened from public rights-of--way and properties with different land use designations. 8. Trash enclosure shall be moved north and the building materials shall match the principle structures. PRELIMINARY SUBDIVISION (GARDENWOOD PONDS 6TH ADDITION) RAY BRANDY City Administrator Hedges introduced this item regarding a Preliminary Subdivision to create two single family lots at 3853 North Ridge Drive. Senior Planner Ridley gave a staff report. Ray Brandt, applicant, was present to answer questions of the Council. David Craig, owner of property across the street from the subject property, discussed concerns regarding covenants of the adjacent neighborhood. Councilmember Carlson explained that the City has no jurisdiction over private covenants. Councihnember Maguire moved, Councilmember Carlson seconded a motion to approve a Preliminary Subdivision (Gardenwood Ponds 6's Addition) to create two single family lots at 3853 North Ridge Drive; subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, C2. 2. The property shall be platted. 3. This development shall be responsible for a cash parks and trails dedication. 4. This development shall be responsible for dedication of cash in lieu of storm water treatment ponding. PRELIMINARY SUBDIVISION (LEXINGTON RIDGE) RAY MILLER City Administrator Hedges introduced this item regarding a Preliminary Subdivision to create eight single family lots on 6.9 acres located at 4225 Lexington Way. Senior Planner Ridley gave a staff report. Ray Miller, applicant, discussed the history of the property and proposed developments. Staff and Councilmembers discussed the issue of access off of Diffley Road and approval needed by Dakota County. Eagan City Council Meeting Minutes August 19, 2003 Rj(~ Page 7 ~~ Councilmember Carlson moved, Councilmember Tilley seconded a motion to deny a Preliminary Subdivision (Lexington Ridge) to create eight single family lots on 6.9 acres located at 4225 Lexington Way; and direct that Findings of Fact be prepared and presented to Council at their October 3, 2003 meeting. Aye: 5 Nay: 0 LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE Councihnember Fields moved, Councihnember Tilley seconded a motion to schedule a special City Council meting for August 26, 2003 at 5:00 p.m. Aye: COMMUNITY CENTER UPDATE City Administrator Hedges updated the Council on current activities at the Community Center. Councihnember Fields moved, Councihnember Carlson seconded a motion to call a recess of the regular City Council meeting at 9:00 p.m A meeting of the Economic Development Commission immediately convened. The regular City Council meeting reconvened at 9:02 p.m. ADMINISTRATIVE AGENDA Administrative Hearing Regarding Advisory Planning Commission Member Ron Miller City Administrator Hedges provided background information regarding an administrative hearing which was held August 7, 2003 to review the conduct of Advisory Planning Commission member Ron Miller with respect to actions taken by Mr. Miller on June 28, 2003 at 3206 Sibley Memorial Highway in Eagan. Mr. Miller read a statement prior to submitting a verbal resignation from the Advisory Planning Commission effective immediately. Mayor Geagan moved, Councilmember Carlson seconded a motion to accept the resignation of Advisory Planning Commission member Ron Miller. Aye: 5 Nay: 0 Community Center Grand Opening Budget Communications Director Garrison provided an overview of a proposed budget for the grand opening of the Community Center to be held September 27, 2003. Councilmember Fields moved, Councihnember Tilley seconded a motion to approve $10,000 as a budget for the Community Center Grand Opening. Aye: 5 Nay: 0 Super Storm Restoration -Dispute Resolution Process Public Works Duector Colbert discussed a complaint from a homeowner regarding the limited extent of a driveway repaired as a result of disruptive construction activities adjacent to or on private property. He requested direction from Council has how to proceed with the resolution process. Council directed the Public Works Committee to review the issue and provide a recommendation for full Council ratification at a future Council meeting. Councilmember Carlson left the meeting at 9:40 p.m. Information was provided by Public Works Director Colbert regarding water usage and sprinkling restrictions and a stop sign study at Black hawk Road and Silver Bell Road. 9 Eagan City Council Meeting Minutes August 19, 2003 'BRA F Page 8 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 9:45 p.m. Date Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. i~ MINUTES OF A LISTENING SESSION OF THE EAGAN CITY COUNCIL AUGUST 19, 2003 6:00 P.M. ~RAFr The Eagan City Council held a Listening Session on August 19, 2003 at 6:00 p.m. In attendance were Councilmembers Carlson, Fields, Tilley and Maguire. Mayor Geagan was absent. Marty and Linda Haugen, Jack Conrad, Sharon Stevens of the Sierra Club and Patrick McCarthy spoke regarding the scheduled dredging of pond JP46. They urged the Council to seek alternative methods of cleaning up the pond. They also expressed their opposition to the proposed condemnation of a portion of the McCarthy property. The City Council directed staff to provide further information regarding cost issues, alternative methods of cleaning up the pond and preserving green space, and timing of the proposed project. The Listening Session adjourned at 6:30 p.m. Respectfully submitted, Mira McGarvey Administrative Secretary /Deputy City Clerk // ~~~ c MINUTES /~ T SPECIAL CITY COUNCIL MEETING AUGUST 26, 2003 5:00 P.M. EAGAN MUNICIPAL CENTER -COMMUNITY ROOM City Councilmembers present: Mayor Geagan, Councilmember Carlson, Councilmember Fields, Councilmember Maguire and Councilmember Tilley. Staff present: City Administrator Hedges, Assistant to the City Administrator Lord, Director of Administrative Services VanOverbeke, Chief Financial Officer Pepper, City Engineer Matthys, Fire Chief Jensen, Chief Building Official Schoeppner, Senior Planner Ridley, Police Chief Therkelsen, Superintendent of Streets Struve, Director of Community Development Hohenstein, Parks and Recreation Office Supervisor Mesko, Superintendent of Recreation Asfahl, Superintendent of Parks Olson, Director of Communications Garrison and Police Captain McDonald. I. ROLL CALL AND AGENDA ADOPTION City Administrator Hedges noted that the City Council has been invited to the Rotary Band Shell for an event after tonight's meeting. Hedges also informed the Council that the bowling fund raiser for Patriot's Plaza this weekend has been cancelled. Hedges requested that under Other Business the City Council discuss a memo that was received from the League of Minnesota Cities regarding lease/lease back of water and wastewater systems, as well as the issue of vacation balances that the Council previously discussed when receiving the presentation of the CAFR from the auditors. Councilmember Fields moved; Councilmember Maguire seconded a motion to adopt the agenda as presented. Aye: 3 Nay: 0 (Councilmembers Carlson and Tilley not yet present.) II. VISITORS TO BE HEARD There were no visitors to be heard. III. CONSIDERATION OF DRAFT 2004 GENERAL FUND BUDGET AND PROPOSED 2004 LEVY CERTIFICATION City Administrator Hedges introduced the item. Hedges informed the City Council that consideration of the 2004 preliminary budget and certification of the preliminary 2004 tax levy are scheduled for the September 2, 2003 City Council meeting. Hedges noted that once the preliminary levy is set, the Council can always choose to lower the levy, but cannot choose to increase the levy. City Administrator Hedges summarized the budget as proposed, noting that the City of Eagan has the 1 owest p er c apita a xpenditures o f c ities o f 5 0,000 p eople o r m ore, a s w ell a s t he 1 owest p er capita personnel compliment of comparable cities. Hedges presented a summary of the community- wide citizen survey results pertaining to the quality of life, City services and property taxes. /~ Special City Council Meeting Minutes August 26, 2003 Page 2 ~ p `` /y T Councilmembers Carlson and Tilley arrived at 5:20 p.m. The City Council discussed whether to increase user fees. After noting that an increase to user fees to the median in comparable cities could potentially generate in excess of $225,000, the City Council voiced their support for increasing certain fees, generating $150,000 in additional revenues. The Council requested that fee options be brought back to the Council, as well as information showing comparisons to other AMM cities. Director of Administrative Services presented information on the City's market value, tax capacity, tax rates, and property tax impacts. City Administrator Hedges concluded the presentation with a summary of the contingency and fund balance, as well as information regarding the Cedarvale Special Services District and Debt Service Levy. The City Council discussed the use of the contingency funds and there was consensus that the contingency be used in 2004 for General Fund activities and operating expenses. The City Council agreed with the Truth and Taxation hearing dates as presented. City Administrator Hedges noted that the hearing dates of December 1 and December 8 will be on the City Council's September 2, 2003 agenda for ratification. Councilmember Carlson noted that the City Council had been fiscally prudent in 2003 by not levying to the maximum levy limit, and now is being penalized by not being able to levy back the amount the City Council did not levy in 2003. Carlson voiced her frustration that the City is now being penalized. The City Council discussed the proposed 2004 levy, and agreed that the City must levy to the maximum levy limit given the circumstances in 2004, resulting from the loss of LGA and HMVC aid. City Administrator Hedges informed the Council that the preliminary tax levy will be on the agenda for the September 2, 2003 City Council meeting, at which time it would be in order for the City Council to approve the maximum preliminary tax levy. The City Council discussed the individual departmental budgets, noting the necessary costs for election judges in 2004. The Council also discussed the proposed volunteer coordinator position and agreed that the position should not be implemented in 2004. There was City Council consensus to delay the opening of the Central Park sliding hill in 2004. The Council discussed the July 4th celebration, and specifically the suggestion that funding be obtained via a community fundraiser, as suggested by members of the 4th of July planning committee. The Council was in agreement that any funding received through the fundraiser would be much appreciated; however, funding should not be anticipated. The Council voiced their agreement with the suggestion that staffing be reduced at the Lexington, Ridgecliff, and Carnelian ice rinks. The City Council discussed the current employee hiring freeze. The Council agreed that all vacant positions should be evaluated as to whether or not they should be filled in the context of overall City staffing. The City Council referred the employee hiring freeze to the Personnel Committee in order for the committee to develop a template to evaluate vacant positions. /3 Special City Council Meeting Minutes August 26, 2003 Page 3 ~RAFr The City Council asked for responses to the following questions pertaining to the 2004 preliminary budget: • What are the consequences of the revenue "building blocks" as presented, including administrative transfers? • What fee increases are being proposed, and what fees would be significantly increased? • What would the affect on the budget be when Central Park is opened, i.e. staffing allocation? • What would be needed to keep full service at the class B skating rinks? The City Council thanked staff for their work and presentation of the 2004 preliminary budget. The City Council recessed at 7:00 p.m. The City Council reconvened at 7:05 p.m. IV. REVIEW OF ALL SPECIAL FUNDS City Administrator Hedges introduced the item, noting that the 2002 Annual Financial Report was presented to the City Council for adoption in June of 2003. At that time, the City Council requested that a time be scheduled to review the fund status of all general fund, special revenue, debt service, capital project, enterprise, and internal service funds that compromise the overall comprehensive financial operations of the City. City Administrator Hedges summarized the memo that was prepared for the City Council regarding the City's funds status. The City Council discussed the funds status information that was presented and thanked staff for the work in preparing the memo. V. OTHER BUSINESS City Administrator Hedges noted that franchise fees were not presented as a revenue option in the 2004 preliminary budget. Hedges also informed the Council that cities are anticipating legislation at the state level that would tighten cities' ability to implement franchise fees. The City Council discussed the use of franchise fees and noted that since the preliminary budget as presented is balanced, they would prefer to wait to see what the legislature does. The Council directed staff to monitor legislation regarding franchise fees and inform the City Council if there are any changes. City Administrator Hedges summarized a memo received from the League of Minnesota Cities regarding the possibility of the League partnering with Allco Financial Corporation to create a financial transaction whereby Minnesota cities can raise immediate cash through the lease/lease back of their water and waste water systems. The City Council directed the issue to the City Council Finance Committee (Mayor Geagan and Councilmember Carlson). The Council also requested that the memo prepared by the League of Minnesota Cities be forwarded to the City Council as a whole. City Administrator Hedges noted that the Council had previously discussed a policy regarding e mployees' v acation b alances, w hich c ame o ut o f t he r eport p rovided b y t he a uditors. The City Council directed the policy consideration to the City Council's Personnel Committee (Mayor Geagan and Councilmember Carlson). /5` Special City Council Meeting Minutes August 26, 2003 Page 4 CRAFT The City Council also directed that the Personnel Committee address issues of compensation regarding the level at which the City Administrator and Department Directors are compensated. The City Council directed staff to bring back the General Fund Operating Budget to the City Council at a workshop in order to address the issues and questions raised at tonight's meeting. VI. ADJOURNMENT Councihnember Fields moved; Councilmember Tilley seconded a motion to adjourn the meeting at 7:20 p.m. Aye: 5 Nay: 0 /S WRAF MINUTES OF A T SPECIAL CITY COUNCIL MEETING TUESDAY, AUGUST 12, 2003 5:00 P.M. EAGAN CITY HALL COMMUNITY ROOM Councilmembers present: Mayor Geagan, Councilmember Carlson, Fields, Maguire and Tilley. Staff present: City Administrator Hedges, Assistant to the City Administrator Lord, Director of Public Works Colbert, Director of Communications Garrison, Director of Administrative Services VanOverbeke, Parks and Recreation Director Vraa, Parks and Recreation Special Projects Coordinator Wielde and Director of Community Development Hohenstein. I. ROLL CALL AND AGENDA ADOPTION City Administrator Hedges noted that staff needs direction on whether the City should prepare a response to correspondence from the Eagan Charter Commission. Councilmember Maguire requested the Council discuss an offer from the Metropolitan Council for a presentation regarding the Livable Communities Program. Mayor Geagan requested that Parks and Recreation Director Vraa be able to address the Council prior to Visitors to be Heard. Councilmember Maguire moved; Councilmember Fields seconded a motion to approve the agenda with the aforementioned additions. Aye: 3 Nay: 0 (Councilmembers Carlson and Tilley not yet present.) Parks and Recreation Director Vraa, noting his sincere thanks to the City staff and City Council, announced that he will be retiring from the City of Eagan. Mayor Geagan thanked Mr. Vraa for his many years of service, and noted the legacy that he leaves behind through the many parks that he built. Geagan also added that Mr. Vraa has provided a wonderful gift to leave behind to t he c ommunity. Councilmember Fields n oted h er a dmirtion for all t hat M r. V raa h as d one. Councilmember Maguire acknowledged Mr. Vraa's professionalism, knowledge and all he has done for the community. Dorothy Peterson, member of the Advisory Parks and Recreation Commission (APrC), spoke on behalf of the APrC in thanking Mr. Vraa for all he has done for the organization. City Administrator Hedges also noted his sincere thanks and gratitude to Mr. Vraa and especially thanked Ken for the professionalism he has shown by providing adequate notice of his retirement. II. VISITORS TO BE HEARD There were no visitors to be heard. /6 Special City Council Meeting Minutes ~ R /q F August 12, 2003 Page 2 GREENWAY CORRIDOR RESOURCE ANALYSIS REPORT City Administrator Hedges introduced the item noting that at the August 4, 2003 City Council meeting, the Council formally accepted the Greenway Corridor Resource Analysis Report. Upon reviewing the report, the Council directed that a presentation be prepared to summarize the Resource Analysis Report. Parks and Recreation Director Vraa introduced Dave Holman, of the Soil and Water Conservation District, who then presented a Power Point presentation on the Corridor Resource Analysis Report. Councilmember Tilley and Councilmember Carlson arrived at 5:30 p.m. The City Council discussed the presentation, including questions about wildlife preservations and the trails that exist within the greenway corridor. Councilmember Maguire noted that the information presented is strictly an analysis that was done by the Soil and Water Conservation District, and was not an indication that the City was looking to buy open space as shown in the presentation. Parks and Recreation Director Vraa noted that the opportunity of informing residents about the value of their yards as part of the green space within the City. The City Council thanked Mr. Holman for his time in presenting the report. IV. REVIEW HOLZ FARM PARK MASTER PLAN City Administrator Hedges introduced the item, noting that at the June 24, 2003 joint workshop with the Advisory Parks and Recreation Commission, the City Council reviewed the draft copy of the Holz Farm Park master plan. At the August 4, 2003 City Council meeting, the Council directed that the master plan be further reviewed at tonight's workshop prior to being formally adopted. Per Council's direction, staff separated the expenses associated with the historic farm and those a ssociated w ith t he n eighborhood p ark i n preparation f or t he C ouncil's d iscussion t onight. Hedges also noted that if the City Council were to adopt the master plan; that does not mean that the funding included in the plan is being approved. Parks and Recreation Director Vraa provided an overview on the cost projections associated with the neighborhood park and historic farm. Vraa also informed the Council that staff is looking into the historical designation process of the historic farm structures. The City Council discussed the cost projections included in the master plan, including questions about the prioritization of the items 1 fisted. T he C ouncil a lso d iscussed t he i mpetus b ehind c reating a m aster p lan. P arks a nd Recreation Director Vraa stated that the City acquired various portions of Holz Farm Park at different times, and therefore the master plan was created as a way to unify the segments. The City Council discussed the budget for the historical structures on the farm. The Council also discussed the cost projections for the neighborhood park portion of Holz Farm, noting that improvements at other neighborhood parks in Eagan have been capped in the CIP processed. APrC member Dorothy Peterson noted that Friends of the Farm will look into which projects volunteers can do in order to reduce expenses. Councilmember Maguire noted that the options presented in the master plan are projects and options to consider; however, by accepting the master plan, the City is not giving authorization to /7 CRAFT Special City Council Meeting Minutes August 12, 2003 Page 3 go ahead with the projects included in the plan. City Administrator Hedges stated that the master plan is a study document, rather than a spending document. Hedges also added that acknowledging receipt of the document is separate from the implementation of the plan. Terry Davis, APrC Chair, spoke on behalf of the APrC noting that the master plan drafted by the consultant will be used as a guide when working with Friends of the Farm, and will not be seen as a license to proceed ahead with the projects included in the plan. Councilmember Maguire moved; Councilmember Tilley seconded a motion to accept the Holz Farm Master Plan Report. Aye: 5 Nay: 0 Council discussion: The Council directed that the Holz Farm Master Plan be brought back to the Council upon being reviewed by Friends of the Farm, in order that Friends of the Farm can list priorities within the master plan. The Council also requested that Friends of the Farm identify projects within the master plan that Friends of the Farm volunteers could complete. The Council noted that these two directives could be discussed as part of the CIP process, but requested that the prioritization take place prior to the CIP discussions. V. `03 -'04 WINTER TRAIL MAINTENANCE PLAN AMENDMENT TOWN CENTRE SIDEWALK City Administrator Hedges introduced the item noting that on April 15, 2003 the City Council approved v arious r evisions a nd/or a dditions t o t he C ity's W inter T rail M aintenance P rogram f or 2003-2004 resulting in a net increase of .6 miles at an estimated additional cost of $1,267; however, at that time, consideration of adding the newly installed sidewalk along Town Centre Drive (.6 miles) was not addressed. Public Works Director Colbert gave a staff report, noting that due to the Town Centre sidewalks' unique location adjacent to the back of a curb in the boulevard area previously used for snow storage and limited additional right-of--way, extra effort may be required to remove the snow including the possibility of hauling. Colbert added that it is estimated that the addition of the sidewalk section will cost $1,472 per year. The C ity C ouncil d iscussed t he b enefits o f a dding t he T own C entre s idewalk t o t he s now removal program. Public Works Director Colbert informed the Council t hat the sidewalk meets criteria for trail plowing. The City Council noted that they want to encourage mobility in the central area of Eagan. Councilmember Fields moved; Councilmember Maguire seconded a motion to approve the addition of the Town Centre Drive sidewalk (Duckwood to Denmark) to the Winter Trail Maintenance Program affective 2003 - 2004 and adjust the proposed budget accordingly. Aye: S Nay: 0 /S Special City Council Meeting Minutes August 12, 2003 Page 4 ~RA~ T VI. CONSIDER NAME FOR C.D.A. SENIOR HOUSING FACILITY City Administrator Hedges introduced the item noting that the Dakota County Community Development Agency (CDA) has asked the City to consider a choice of names for the new senior housing facility located adjacent to O'Leary Manor in which the City is a financial partner. The CDA has spoken to the seniors living at O'Leary Manor who have recommended the following names: Centre Point, Lakeside Manor, Wildwood Manor, Eastwood Manor, Lake Point and Meadow Woods Manor. The City Council discussed the names and voiced their liking for 3 of the names, including: Centre Point, Lakeside Manor and Wildwood Manor. Councihnember Carlson noted that she did not believe that it was the City Council's decision to make and did not have a recommendation. City Administrator Hedges noted that he would contact the CDA to voice the Council's input. VII. CONSIDER PROCESS FOR COMMISSION APPOINTMENTS AND VACANCIES City Administrator Hedges introduced the item, noting at the August 4, 2003 City Council meeting, the Council directed that the process for filling commission vacancies be discussed at the August 12 workshop. Hedges also presented a memo that was prepared summarizing how commission vacancies in Eagan have been filled over the past two years. Hedges also presented information from the cities of Apple Valley, Bloomington and Lakeville regarding how they addressed v acancies. Lastly, t he C ity C ouncil w as p resented w ith t wo v ersions o f an o rdinance amendment prepared by the City Attorney regarding the City's Advisory Commissions and Committees, as it relates to the dismissal of a member and the process to address vacancies. Per the inquiry of Councilmember Maguire, City Administrator Hedges informed the Council that per the direction of the City Council, Mayor Geagan was in contact with Elaine Eyre, who was the applicant receiving the next number of votes for appointment to the APC. Mayor Geagan noted that in speaking with Ms. Eyre, she expressed interest in serving on APC. The City Council discussed past practices of appointing vacancies on the commissions. Councilmember Maguire noted that he would like to see the City do what they have typically done in the past, which would be to appoint someone to the vacancy now, and consider apractice/policy for future vacancies after the current appointment has been made. Councilmernber Carlson noted that she would like to see a policy in place for the appointment of commission vacancy prior to filling any current vacancies. Councilmember Fields concurred that she also would like to see a policy in place prior to filling any current vacancies. Mayor Geagan noted that it appears the will of the Council is not to fill the current vacancy; rather, the time has come to address the need for a policy to be put in place to establish a process for filling commission vacancies. The City Council directed City Administrator Hedges to prepare information for the City Council regarding the whole picture of the appointment process, including past practices of the City, options available, and practices of additional cities. Council directed that this information be prepared for Council review within the next 45 days, to be addressed by the City Council at the end of September/beginning of October. Upon consideration of the information presented, the Council noted that a new process could be adopted in November of 2003. The City Council also directed City Administrator Hedges to provide the Council with a copy of the Committee/Task Force Policy /9 Special City Council Meeting Minutes ~ ~ A F T August 12, 2003 Page 5 prepared by Councilmember Carlson and Eagan resident, Dave Rugg. The Council agreed to provide any input, issues or topics to City Administrator Hedges regarding the issue of committee appointments. VIII. OTHER BUSINESS City Administrator Hedges inquired with the City Council about correspondence received from the Eagan Charter Commission. The City Council discussed the letter and asked that the League of Minnesota Cities provide information about how other cities identify their charter commissions. Councilmember Maguire noted that correspondence was received from the Metropolitan Council w ith a n o ffer t o a ddress t he C ity r egarding i nformation a bout t he Livable C ommunities Program. Maguire noted that Livable Communities' money has assisted the cities of Burnsville and Apple Valley. Councilmember Carlson inquired whether there will be any repercussions from the City not recently participating in the L ivable Communities Program. The City Council directed staff to get further information from the Metropolitan Council, to be brought back to the City Council for further discussion. City Administrator Hedges acknowledged the City's new Director of Community Development Jon Hohenstein who was in the audience. Hedges noted that Mr. Hohenstein began his new position on Monday, August 11, and everyone at the City is very pleased to have him on board. IX. ADJOURNMENT Councilmember Maguire moved; Councilmember Tilley seconded a motion to adjourn at 7:46 p.m. Aye: 5 Nay: 0 ~D Agenda Information Memo September 2, 2003 Eagan City Council Meeting B. PERSONNEL ITEMS At the time of Packet distribution, there were no Personnel Items. C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated August 21, 2003 and August 28, 2003 as presented. ATTACHMENTS: Check registers dated August 21, 2003 and August 28, 2003 are enclosed without page number. a~ Agenda Memo September 2, 2003 CONSENT AGENDA: D. Tree Maintenance Contractor License ACTION FOR CONSIDERATION: Approve Tree Maintenance Contractor license for Outdoor Management, Inc. FACTS: The applicant has met all requirements to obtain a tree maintenance contractor license and staff deems the application in order for approval. ATTACHMENTS: A copy of the application is attached without page number. ~~ Agenda Information Memo September 2, 2003, Eagan City Council Meeting E. "JOINT POWERS AGREEMENT" FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS AGENCY" ACTION TO BE CONSIDERED: Request approval of the "Joint Powers Agreement for Dakota County Domestic Preparedness Agency". FACTS: • The purpose of the Joint Powers Agreement is "to plan for and respond to the need of first responders for special response operations caused by the occurrence of large-scale disasters or emergencies within Dakota County. In particular, the JPA will fund and oversee the activities of a Special Operations Team, made up of members from the member agencies, which will provide special response operations to any of the parties". • Special Response Operations are specialized rescue services for specific emergency situations, including, but not limited to structural collapse, hazardous materials, confined space rescue, trench rescue, water rescue vehicle/machinery disentanglement and the like. This team will provide the expertise and equipment that is required, but not practical for each agency to maintain on it's own. • The City of Eagan's financial responsibility to the JPA is $7,770.00 or 18% of the operating budget for the team. We currently have one police officer and 4-5 firefighters who will train for the Special Operations Team. • The Cities of Apple Valley, Burnsville, Hastings, Inver Grove Heights, South St. Paul and West St. Paul have already approved the Joint Powers Agreement. Attachments: Joint Powers Agreement on pages ~~T~ a3 JOINT POWERS AGREEMENT FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS AGENCY 1. Name. The parties hereby establish the Dakota County Domestic Preparedness Joint Powers Agreement. 2. Parties. The parties to this agreement shall consist of as many of the following entities that approve this agreement and execute a separate signature page to become parties: City of Apple Valley City of Burnsville City of Eagan City of Farmington City of Hastings City of Inver Grove Heights City of >vakeville City of Mendota Heights City of Rosemount City of South St. Paul City of West St. Paul County of Dakota 3. Purpose. The purpose of this agreement is to provide for the joint exercise of the parties' powers to plan for and to respond to the need of first responders for special response operations caused by the occurrence of large-scale disasters or emergencies, as defined in paragraph 9.2, within Dakota County. The joint exercise of the parties' powers pursuant to this agreement is intended to supplement and complement but not supplant the parties' joint and individual powers to plan for and respond to the occurrence of other emergency or unforeseen events occurring within Dakota County, as provided in the members' respective emergency operations plans and similar plans. 4. Governance. 4.1. Governing Board. The governing board formed pursuant to this Joint Powers Agreement shall be known as the Dakota County Domestic Preparedness Committee. 4.1.1. Membership. The Committee shall be constituted as follows: one member appointed by each member City; one member appointed by the Dakota County Sheriff; Dakota County Emergency Preparedness Coordinator ex officio; one Dakota County city manager/administrator appointed by the Dakota County Board of Commissioners, consistent with the recommendation of the city managers/administrators within Dakota County; K/K02-472 1 JPA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS AGENCY a~ one member appointed by the Dakota County Emergency Medical Services Council; the Team Leader of the Special Operations Team appointed pursuant to paragraph 5.3; one member appointed by the Dakota County Public Health Director; and Dakota County Attorney ex officio or designee ex officio. The appointee of the Dakota County Public Health Director and the Dakota County Attorney or designee shall be non-voting members of the Committee and shall not be counted for quorum purposes. 4.1.2. Additional Member. In the event that none of the members appointed by the cities is a fire chief or none is a police chief, the Dakota County Fire Chiefs Association or Dakota County Police Chiefs Association, as appropriate, may appoint a member who is a fire fighter or police officer to the Committee. Such appointment shall endure until such time as a member city appoints a member who is a fire chief or police chief. 4.1.3. Documentation. Resolutions or other documentation of appointments shall be filed with the Dakota County Emergency Preparedness Coordinator. 4.1.4. Members not Employees. Members of the Committee shall not be deemed to be employees of the Committee and will not be compensated for serving on the Committee. 4.2. Terms; Vacancies. Members shall serve at the pleasure of the appointing party and may be removed only by the appointing party. Vacancies maybe filled only by the appointing party. Incumbent members serve until a successor has been appointed. 4.3. Chair and Vice Chair. In January of each year the Committee shall elect a Chair and Vice Chair from its membership for one-year terms. The Chair shall preside at all meetings of the Committee and shall perform other duties and functions as determined by the Committee. The Vice Chair shall preside over and act for the Committee during the absence of the Chair. 4.4. Secretary/Treasurer. In January of each year the Committee shall elect a Secretary/Treasurer from its membership for aone-year term. The Secretary/Treasurer shall assist the Chair in overseeing the Committee's budget and finances. 4.5. Meetings. The Committee shall have regular meetings at such times and places as the Committee shall determine. Special meetings may be held on reasonable notice by the Chair or Vice Chair. The presence of a majority of the voting members of the Committee shall constitute a quorum. No action maybe taken unless a quorum is present. K/K02-472 2 JPA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS AGENCY ~I 4.6. Votin .Each Committee member shall be entitled to one vote. Proxy votes are not permitted. The Committee shall function by a majority vote of the Committee members present. 5. Duties of the Committee. 5.1. Pro am. The Committee shall formulate a program to carry out its purposes. The Committee shall carry out and implement its programs to the extent possible. 5.2. Special Operations Team. The Committee shall establish a Special Operations Team (SOT} with the capability of providing specialized response technical rescue operations for which specific training and equipment are required and which are not currently available to all of the members. The Committee will ensure that the SOT is established, that its members are trained to applicable federal and state standards, and that the necessary and appropriate equipment is purchased and made available for use by the SOT. The Committee will ensure that procedures are established so that the SOT is able to respond to large-scale disasters or emergencies occurring anywhere within the jurisdictions of the parties to this agreement. Procedures of the SOT are subject to the review and approval of the Committee. Members of the SOT will remain employees of the appointing party and will not be deemed employees of the Committee or the SOT. The parties agree to assign employees and make equipment available to the SOT. 5.3. Team Leader. The Committee shall appoint a Team Leader who will be responsible for ensuring that the Committee accomplishes the duties described in paragraph 5.2. 6. Reservation of Authority. All responsibilities not specifically set out to be jointly exercised by the Committee under this agreement are hereby reserved to the parties and each of them. 7. Powers of the Committee. 7.1. General Powers. The Committee is hereby authorized to exercise such authority as is necessary and proper to fulfill its purposes and perform its duties. Such authority shall include the specific powers enumerated in paragraph 7.2. 7.2. ~ecific Powers. 7.2.1. The Committee may enter into any contract necessary or proper for the exercise of its powers or the fulfillment to its duties and enforce such contracts to the extent available in equity or at law. The Committee may approve any contract relating to this agreement up to the amount approved in the annual budget and may authorize the Chair to execute those contracts. No payment on any invoice shall be authorized unless approved by at least two of the three officers elected pursuant to paragraphs 4.3 and 4.4. The Chair shall report to the Committee any such payments at its next meeting. 7.2.2. The Committee may disburse funds in a manner which is consistent with this agreement and with the method provided by law for the disbursement of funds by Dakota County. K/K02-472 3 JPA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS AGENCY a6 7.2.3. The Committee may apply for and accept gifts, grants or loans of money or other property or assistance from the United States government, the State of Minnesota, or any person, association, or agency for any of its purposes; enter into any agreement in connection therewith; and hold, use and dispose of such money or other property and assistance in accordance with the terms of the gift, grant or loan relating thereto. 7.2.4. The Committee may obtain liability insurance or other insurance it deems necessary to insure the Committee and its members for actions of the Committee and its members arising out of this agreement. 7.2.5. All powers granted herein shall be exercised by the Committee in a fiscally responsible manner and in accordance with the requirements of law. The purchasing and contracting requirements of Dakota County shall apply to the Committee. Budgeting and Funding. 8.1. Bud eg t Adoption. By April 1 of each year the Committee shall adopt an annual workplan and budget for the following calendar year including a statement of the sources of funding. 8.2. Budget and Accountin~yServices. Dakota County agrees to provide all budgeting and accounting services necessary or convenient for the Committee. Such services shall include but not be limited to: management of all funds, payment for contracted services and other purchases, and relevant bookkeeping and recordkeeping. Dakota County contracting and purchasing requirements shall apply to transactions of the Committee. 8.3. Expenses. The parties understand and acknowledge that the activities and duties of the Committee are to be funded first by grant monies from the federal government, state government or other associations and agencies. Nevertheless, the parties agree to contribute to funding, if necessary, for the expenses of the Committee, to the extent not covered by grant funds. Each party agrees annually to appropriate funds for the expenses of the Committee not covered by grant funds, on a population basis, subject to each city council's or the county board's adoption of a resolution authorizing any such appropriation. For purposes of this paragraph, Dakota County's population is the population of the townships within Dakota County. 8.4. Federal and State Grant Funds Available to Counties. The parties understand and acknowledge that federal and state grant funds have been and may continue to be made available for the purposes of improving and enhancing local government units' capabilities in responding to the occurrence of large-scale disasters or emergencies. The parties further understand and acknowledge that some such federal and state grant funds maybe made available directly to counties with the intention that the funds be expended for the benefit also of cities within the county. Dakota County specifically agrees that federal and state grant funds for such purposes which the Dakota County Board of Commissioners, pursuant to Committee recommendation and proposed budget, applies for and receives will be applied for and received on behalf of the cities who are parties to this agreement and will be appropriated to the Committee for K/K02-472 4 JPA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS AGENCY a~ expenditure in accordance with the terms of the applicable grant agreement and budget approved by the county board. The Committee will expend any such funds only in accordance with the terms of any applicable grant agreement, approved budget, laws and rules. This paragraph does not prohibit Dakota County from unilaterally applying for, receiving and expending grant funds made available for the purposes identified in this paragraph. 8.5. Accountability. All funds shall be accounted for according to generally accepted accounting principles. A report on all receipts and disbursements shall be forwarded to the members monthly and on an annual basis. 9. ~ecial Operations Team Activation and Use. 9.1. Purpose. The purpose of this section 9 is to provide for the deployment of the SOT established pursuant to paragraph 5.2, so that the SOT maybe utilized by any party to this agreement in the event of a large-scale disaster or emergency within their jurisdiction. It is not the purpose of this section to provide for or address in any way requests by one party of another party for other services, or to supplant other mutual aid agreements to which any of the parties maybe signatory. 9.2. Definitions. SOT Team Leader -the person designated by the SOT who is responsible for exercising tactical control of personnel and equipment provided by the SOT whenever the SOT is requested to be deployed or is deployed Disaster or large-scale emergency - an unforeseen exigent circumstance requiring technical rescue operations Requesting party - a party to this agreement who has requested that the SOT provide specialized response operations Special Operations Team (SOT) - a group of personnel assigned by the parties who will be trained and organized to provide special response operations to any party who requests them. Specialized Response Operations -specialized rescue services for problem-specific emergency situations, including, but not limited to structural collapse, technical rope rescue, hazardous materials, wild land rescue, confined space rescue, trench rescue, water rescue, vehicle/machinery disentanglement, and the like. 9.3. Requests for assistance. Whenever a party, in its sole discretion, determines that the conditions within its jurisdiction cannot be adequately addressed by that jurisdiction because of a large-scale disaster or emergency, the party may request orally or in writing that the SOT provide specialized response operations to the party. 9.4. Response to Request for assistance. Upon a request for assistance of the SOT, SOT Team Leader may authorize, direct and permit the SOT to provide assistance to the requesting party. Whether the SOT shall provide such assistance, and the extent of such K/K02-472 J JPA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS AGENCY ag assistance, shall be determined solely by the SOT Team Leader. Failure to provide assistance in response to a request made pursuant to this agreement will not result in any liability to the SOT or to any other party. SOT Team Leader shall notify the Chair or Vice Chair any time the SOT Command consents to provide assistance to a party, pursuant to this agreement. If a request is made by a governmental unit not a party to this agreement, the SOT Team Leader may provide assistance only with the approval of the Chair or Vice Chair, pursuant to Committee policy. 9.5. Recall of assistance. The SOT Team Leader may at any time and in its sole judgment terminate and recall the SOT or any part thereof. The decision to recall the SOT provided pursuant to this agreement will not result in liability to the SOT. 9.6. Direction and Control. Personnel and equipment of the SOT shall remain under the direction and control of the SOT Team Leader. 9.7. Exercise of Police Power. Any member of the SOT who is a licensed peace officer and who is providing assistance pursuant to this agreement has the full and complete authority of a peace officer as though appointed by the requesting party and licensed by the State of Minnesota provided the officer meets the requirements set forth at Minn. Stat. § 471.59, subds. 12(1) and (2). 9.8. Compensation. 9.8.1. Parties to this agreement. When the SOT provides services to a requesting party, the personnel of the SOT shall be compensated by their respective employers just as if they were performing the duties within and for the jurisdiction of their appointing party. No charges will be levied by the SOT for specialized response operations provided to a requesting party pursuant to this agreement unless that assistance continues for a period exceeding 48 hours. If assistance provided pursuant to this agreement continues for more than 48 hours, the SOT shall submit to the requesting party an itemized bill for the actual cost of any assistance provided, including salaries, overtime, materials and supplies. The requesting party shall reimburse the SOT for that amount. 9.8.2. Other Entities. In the event that the SOT is activated and deployed at the request of an entity not a party to this agreement, the Committee shall submit to the requesting entity an itemized bill for the actual cost of assistance provided, including salaries, overtime, materials and supplies. The Committee shall send the itemized bill not later than 90 days after the assistance has been provided. 9.9. Workers' Compensation. Each party to this agreement shall be responsible for injuries to or death of its own employees. Each party shall maintain workers' compensation coverage or self-insurance coverage, covering its own personnel while they are providing assistance as a member of the SOT. Each party to this agreement waives the right to sue any other party for any workers' compensation benefits paid to its own employee or their dependents, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees or agents. 9.10. Damage to Equipment. Each party shall be responsible for damage to or loss of its own equipment occurring during deployment of the SOT. Each party waives the right to sue K/K02-472 6 JPA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS AGENCY aq 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 agents. 11. Liability. For purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. Ch. 466), persons assigned to the SOT are deemed to be employees of the party that has assigned them to the SOT. Each party agrees to defend, indemnify and hold harmless the other parties against any claims brought or actions filed against any other party or any officer, employee or agent of such other party for injury to, death of, or damage to the property of any third person or persons, arising from the action or omission of its other personnel while serving as a member of the Committee or while providing special operations services pursuant to this agreement. Under no circumstances shall a party be required to pay on behalf of itself and other parties to this agreement any amounts in excess of the limits of liability established in Minn. Stat. Ch. 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 one party. 12. Term. The term of this agreement shall commence upon approval and signature of a majority of the parties. Dakota County shall notify the parties in writing of the effective date of this agreement. 13. Withdrawal and Termination. 13.1. Withdrawal. Any party may withdraw from this agreement upon 12 months' written notice to the other parties. Withdrawal by any party shall not terminate this agreement with respect to any parties who have not withdrawn. Withdrawal shall not discharge any liability incurred by any party prior to withdrawal. Such liability shall continue until discharged by law or agreement. 13.2. Termination. This agreement shall terminate upon the occurrence of any one of the following events: (a) when necessitated by operation of law or as a result of a decision by a court of competent jurisdiction; or (b) when a majority of parties agrees to terminate the agreement upon a date certain. 13.3. Effect of Termination. Termination shall not discharge any liability incurred by the Committee or by the parties during the term of this agreement. Upon termination property or surplus money held by the Committee shall then be distributed to the parties in proportion to contributions of the parties. 14. Miscellaneous. 14.1. Amendments. This agreement maybe amended only in writing and upon the consent of the governing bodies of all of the parties. 14.2. Records, accounts and reports. The books and records of the Committee shall be subject to the provisions of Minn. Stat. Ch. 13 and Minn. Stat. § 16B.06, subd. 4. 14.3. Counterparts. This agreement maybe executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same K/K02-472 7 JPA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS AGENCY 30 instrument. Counterparts shall be filed with the Dakota County Emergency Preparedness Coordinator. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. K/K02-472 JPA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS AGENCY 3/ Approved as to form: COUNTY OF DAKOTA Assistant County Attorney/Date Donald Gudmundson Dakota County Sheriff Date of Signature K/K02-472 y JPA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS AGENCY CITY OF APPLE VALLEY Name Title Date of Signature, K/K02-472 I O JPA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS AGENCY 33 CITY OF BURNSVILLE Name Title Date of Signature, K/K02-472 I L JPA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS AGENCY 3~ CITY OF EAGAN Name Title Date of Signature K/K02-472 I2 JPA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS AGENCY CITY OF FARMINGTON Name Title Date of Signature K/K02-472 13 JPA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS AGENCY 36 CITY OF HASTINGS Name Title Date of Signature K/K02-472 I4 JPA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS AGENCY ~~ CITY OF INVER GROVE HEIGHTS Name Title Date of Signature. K/K02-472 I S JPA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS AGENCY 3S CITY OF LAKEVILLE Name Title Date of Signature K/K02-472 16 JPA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS AGENCY ~9 CITY OF MENDOTA HEIGHTS Name Title Date of Signature, K/K02-472 17 JPA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS AGENCY ~~ CITY OF ROSEMOUNT Name Title Date of Signature, K/K02-472 18 JPA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS AGENCY ~~ CITY OF SOUTH ST PAUL Name Title Date of Signature K/K02-472 L 9 JPA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS AGENCY ~~ CITY OF WEST ST PAUL Name Title Date of Signature K/K02-472 2O JPA FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS AGENCY ~--3 Agenda Information Memo September 2, 2003, Eagan City Council Meeting F. APPROVE MEMORANDUM OF AGREEMENT FOR PUBLIC SAFETY RADIO STUDY UPDATE ACTION TO BE CONSIDERED: Approve a Memorandum of Agreement for Eagan's participation with Dakota County and other Dakota County Cities in the update of the Dakota County Public Safety Radio Plan Update. FACTS: • A work group comprised of Police, Fire, EMS and City Administrators from throughout Dakota County has been meeting to discuss long term planning for the public safety radio needs in Dakota County. The goal of the group has been to identify alternatives that maybe feasible for future public safety radio communications systems in Dakota County. • The next step in the planning process is to update the Dakota County Public Safety Radio Plan, which was first developed in 1997 and then updated in 2000. The plan is mandated by law for all metropolitan counties. • The estimated cost of the plan update is $21,000, which will be split amongst all participating cities and Dakota County on a pro-rated basis, determined by population. The funds will pay for the services of a radio engineering consultant. • If all Dakota County government units participate in the process, Eagan, with 17.9% of the Dakota County population, will be responsible for an estimated $3,759 for the study update, which is expected to be completed in the first half of 2004. • Dakota County will serve as the fiscal agent for purposes of the agreement. Attachments• On pages ~~ through ~ are the proposed agreement and a draft copy of the consultant's recommended tasks. ~~ MEMORANDUM OF AGREEMENT TO STUDY PUBLIC SAFETY COMMUNICATION SERVICES IN DAKOTA COUNTY THE PARTIES TO THIS AGREEMENT are units of government responsible for the law enforcement in their respective jurisdictions. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statute § 471.59. NOW THEREFORE, the undersigned units of government, in the joint and mutual exercise of their powers, agree as follows: 1. Parties. The parties to this Agreement include the following units of government: City of Apple Valley City of Burnsville City of Eagan City of Farmington City of Hastings City of Inver Grove Heights City of Lakeville City of Mendota Heights City of Rosemount City of South 5t. Paul City of West St. Paul Dakota County 2. General Purpose. The purpose of this agreement is to allow the parties to cooperatively gather information, study options and make recommendations for improvements to public safety communication services within the jurisdiction of the parties. The parties shall review current radio technology, the Metropolitan Shared Public Safety Radio System and radio technology and coordination in other counties. The parties intend to reach agreement on the digital technology to be used for franked radio communications in Dakota County no later than 2005. The parties agree that the services of one or more consultants will be of assistance in these joint efforts. The parties may engage in investigation and pursuit of funding sources for the work to be completed under this Agreement. 3. Exercise of Powers. To accomplish these purposes, a committee of employees and agents of the parties, referred to as the Dakota County Radio Work Group, shall periodically meet, take actions and make recommendations authorized by this agreement and deemed appropriate by the parties. Any actions of the Radio Work Group shall be by at least seven affirmative votes of the parties to this Agreement at any duly called meeting. Each party present is entitled to one vote on any matter that comes before the Radio Work Group. Each year the Radio Work Group shall prepare an annual Work Plan and annual Budget that must be approved by the governing body of each party. For 2003, the annual Work Plan shall consist of the completion of an update to the Radio Communications Plan that was prepared by W.M. Montgomery & Associates in 2001. Subsequent Work Plans will be submitted to the parties for approval. The parties designate Dakota County as the fiscal agent of the Radio Work Group. Dakota County may enter into a contract with one or more consultants to assist the Radio Work Group as authorized by a vote of the parties. The scope of services to be provided by a consultant shall be as authorized by the parties. The parties acknowledge that the rights and obligations of Dakota County under any contracts with consultants are the rights and obligations of all the parties. ys 4. Responsibility for Costs. The parties acknowledge that costs may be incurred for some of the activities of the Radio Work Group, and will be incurred if a consultant is retained to provide expertise and assistance. The parties agree to make pro rata contributions to the costs incurred in proportion to the population of the parties, based upon the 2000 census. The percentage of incurred costs to be paid by each party is as follows, assuming that all of these cities and the county approve and execute this Agreement: City of Apple Valley 12.8% City of Burnsville 16.9% City of Eagan 17.9% City of Farmington 3.5% City of Hastings 5.1% City of Inver Grove Heights 8.4% City of Lakeville 12.1 % City of Mendota Heights 3.2% City of Rosemount 4.1 % City of South St. Paul 5.7% City of West St. Paul 5.5% Dakota County 4.9% If one or more of the cities do not execute this agreement, the costs incurred by the Radio Work Group shall be paid by the cities that are parties to this agreement, in proportion to their respective populations in the 2000 Census, and excluding from those calculations the population of any cities that fail to execute this Agreement. Each party shall pay its share of costs to Dakota County within 30 days of notification of the amount of the party's obligation. 5. Property Owned by the Parties. Any property, materials or reports purchased with funds contributed by the parties, including works created or provided by any hired consultants, shall be owned by all of the parties and shall be distributed to each party. Cities that are not parties to this Agreement are not entitled to access the professional services purchased under this agreement or participate in Radio Work Group meetings, other than by invitation of the Radio Work Group. 6. Withdrawal. Any member may withdraw from this Agreement by providing at least 30 days written notice of such intent. However, withdrawal is not effective until the withdrawing party has fulfilled all of its financial obligations to the Radio Work Group, including any costs incurred as of the date of providing notice of intent to withdraw. 7. Effect of Withdrawal. In the event of withdrawal by any party, the remaining parties shall reapportion the percentage of costs based upon the population of the remaining parties. 8. Termination of Agreement. This Agreement terminates upon the earliest occurrence of one of the following: (a) By unanimous consent of all parties that have not previously withdrawn from this Agreement; or (b) When necessitated by operation of law or as a result of a decision by a court of competent jurisdiction; or (c) December 31, 2006. S'6 10. Disposition of Property. Upon termination of this Agreement, any property shall be disposed and the proceeds, if any, or other excess funds shall be distributed to the current parties at the time of termination in proportion to their respective financial contributions. Any work product or works for hire acquired by the Radio Work Group shall be jointly owned by all current parties at the time of termination and may be used by all parties for their internal and county-wide planning purposes. 11. Effective Date. This Agreement is effective when the last of the parties has signed the Agreement. The parties may sign counterparts, which shall have the effect of signing an original Agreement. The signed counterpart and a copy of the resolution of each party authorizing the execution of this Agreement shall be provided to Dakota County, which shall notify all the parties of the effective date of the Agreement. 13. Access to Records. The books, reports, and records of the Radio Work Group shall be open to inspection by the parties at all reasonable times. 14. Amendments. This Agreement may be amended at any time by agreement of all current parties to the Agreement. Amendments are not effective until approved in writing by all current parties. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. Approved as to Form: Assistant County Attorney/Date Approved by Dakota County Board Resolution No. COUNTY OF DAKOTA By Willis Branning Chair of the Board Date of Signature ~~ CITY OF EAGAN By Its Mayor By Its City Clerk ~8 SUGGESTED CONSULTANT TASK STATEMENTS DAKOTA COUNTY RADIO PLANNING WORK GROUP Suggested Task Statements 1. Assist work group in understanding and applying FCC regulatory considerations to future radio planning. Educate, interpret, and recommend strategies. 2. Assist work group in understanding benefits and limitations of regional radio system participation, county wide system construction issues, and independent system operation and maintenance issues. Educate, interpret, and recommend strategies. 3. Evaluate technical issues associated with PSAP consolidation in tine context of shared vs independent radio system architectures. (Note: Issues such as CAD/RMS, operations, governance, etc are not included in this task statement.) 4. Project and provide cost estimates associated with variotis radio system technical architectures. 5. Project and provide operating cost estimates with various radio system technical architectures. ~, ~~ 6. Evaluate, educate group, and recommend interoperable strategies for the work group based upon various radio system and PSAP configuration architectures. ~ 7. Develop, prioritize, and recommend various radio system performance considerations to the work group with the intent of having the County forward those performance issues to the MRB as a basis for detailed technical design services available under f~1RB'S contract with its consultant. 8. Review and comment upon MRB's technical design~irt the context of # 7. 9. Identify and recommend suitable local radio sites within Dakota County that may serve as candidates for a region wide or County wide system architecture. 10. Identify and' recommend policy strategies for consideration by local agencies in implementing recommendations of the radio planning group. 11. Prepare a v~ritten action plan which updates the Dakota County radio plan last updated in calendar 2000. 12. Other tasks as separately negotiated and mutually agreed to. Assumptions 1. Not more than ten (10) meetings with local committee. 2. Period of performance beginning not later than 4th quarter of 2003 and completed by end of calendar 2004. 3. A single point of contact for policy direction and interaction with the committee on administrative matters. 4. No interim, individual system designs or localized mitigation of existing communications problems under this scope of work. Fixed Fee Estimate for Above Tasks Projected at $21,000 ~P Agenda Information Memo September 2, 2003 Eagan City Council Meeting G~ ~ CITY SPONSORSHIP OF NEW URBANISM AND REDEVELOPMENT CONFERENCE, MINNESOTA REAL ESTATE JOURNAL AND UNIVERSITY OF ST THOMAS, NOVEMBER 6, 2003 ACTION TO BE CONSIDERED: To approve City sponsorship of the New Urbanism and Redevelopment Conference being hosted by the Minnesota Real Estate Journal and the University of St. Thomas on November 6, 2003. FACTS: • The City Council has placed a priority on the redevelopment of specific areas of the community through cooperation with the development community and promotion of development and redevelopment opportunities in those areas. • The Minnesota Real Estate Journal and the University of St. Thomas have formed a partnership to present training and professional development programs for real estate professionals, investors, property owners and local governments. As a part of those programs, they offer sponsorship opportunities to local potential participants, including cities. • The partnership is currently planning a New Urbanism and Redevelopment Conference on November 6, 2003. The City of Eagan has been contacted to be one of four community sponsors for this event. The sponsorship cost is $3,000, which includes specific promotional considerations, including a feature story and advertising space, that are outlined in the attachment. • The sponsorship would offer an opportunity to promote the City's redevelopment and development opportunities to both conference participants and Real Estate Journal readers. • Funds for this purpose are available in the general fund. ATTACHMENTS: Conference sponsorship background on pages ,~1~ 3 so Message Page 1 of 3 Jeff Johnson From: Jeff Johnson [jjohnson@rejournals.com] Sent: Thursday, August 21, 2003 12:48 PM To: jjohnson@rejournals.com Subject: 2003 University of St. Thomas and Minnesota Real Estate New Urbanism and Redevelopment Conference Subject: University of St. Thomas and Minnesota Real Estate Journal New Urbanism & Redevelopment Conference The Minnesota Real Estate Journal and the University of St. Thomas are teaming up again November 6, 2003 to put on a New Urbanism & Redevelopment Conference for the real estate community. The conference will feature presentations from some of the top law firms, architectural firms, consulting firms and construction companies in the Twin Cities. In addition, case studies and other new urbanism planning inovations will be discussed. This will bean excellent venue for real estate professionals to learn more about issues related to all aspects of new urbanism & redevelopment . In addition, all real estate professional attending the conference will receive real estate continuing education credit. The conference will be held November 6, 2003 and will be marketed to the 15,000 readers (see list below) of the Minnesota Real Estate Journal. Beiow you will find the city sponsorship package that can get you and your city involved. The package involves free bonus advertising in the Minnesota Real Estate Journal. Which means you can still reach all of the key real estate professional that are unable to attend the conference. Please review the package below. If you have any questions you can reply to my email or call me at 952-885- 0815. Deadline to reserve you spot is September 24, 2003 Call today, sponsor spots are limited. S_ilver_Sponsorship package Cost: $3 0, 00 (4 availably 1. Provide speaker for round table discussion with other cities and business park owners. Value $2,500 2. Name and logo on all ads, marketing materials and emails that wilt run in the before the seminar. Value $500 3. Provide half page article (Approximately 500 words) and full color half page ad in the special New Urbanism & Redeveloment insert printed prior to the event. (Section will be inserted in MREJ and distributed at the New Urbanism & Redevelopment Seminar) Value of ad $1,805 & article $1,250 4. Table top exhibit space at the event. Value of $500 5. Logo on all materials passed out at the event. Value of $250 6. One bonus half page ad in Minnesota Real Estate Journal. Value of $1,805 7. 5 free passes to the event. Value of $99 per pass Minnesota Real Estate Journal (MREJ) Circulation Total circulation is 5,000 Real Estate Professionals. With pass along readership of three per copy, over 15,000 influential decision-makers are 8/21 /2003 ~/ Message Page 2 of 3 reading MREJ. Our readers represent billions of dollars of purchasing power and are vested with the authority to build, buy, sell, lease, manage, invest, finance and develop the following types income producing properties: Multihousing Office Industrial Retail R__eadership breakdown__ 70% Property Owners and Facility/Property Managers 30% General Contractors, Lenders, Corporate Real Estate Executives, Brokers, Architects, Economic Developers, City Building Officials, etc.. Associations Covered in our Readership NAIOP -National Association of Industrial and Office Properties IREM -Institute of Real Estate Management EDAM -Economic Developer Association of Minnesota IFMA -International Facility Managers Association NACORE -International Association of Corporate Real estate Executives OCR -Organization of Commercial Realtors MHA -Multi Housing Association MBA -Mortgage Bankers Association CCIM -Certified Commercial Investment Member SIOR -Society of Industrial and Office Realtors BOMA -Building Owners and Managers Association MSCA -Minnesota Shopping Center Association GCA -General Contractors Association CSA -Contractors Specifications Association AIA -America Institute of Architects of Minnesota 8/21/2003 Message Jeff Johnson 952-885-0815 j Johnson@rejou rnals.co.m ~~~~ ;~aurnals. cam . _~; Jeff Johnson Senior Communications Consultant jjohnson(r~reiournals.com Phone (952)885-0815 Fax (952) 885-0818 Visit us on the web REJoumals.com Page 3 of 3 8/2I /2003 ,!~`~ Agenda Information Memo September 2, 2003 H. DECLARE BICYCLES, UNCLAIMED PROPERTY AND MISCELLANEOUS CITY PROPERTY TO BE SURPLUS ACTION TO BE CONSIDERED: To declare bicycles, unclaimed property and miscellaneous City property to be surplus and sold at the Dakota County auction on September 27, 2003. FACTS: Throughout the year, the City acquires a variety of unclaimed, stolen property and retires certain City equipment for a variety of reasons. State law permits the sale of these items to the highest designation as surplus property. Prior to the designation of surplus property, a list of items is circulated to all departments and, if there remains any public use of the property, it is reallocated to the appropriate department rather than being sold. ATTACHMENTS: • 2003 auction item list on pages~J through .~ O . S~f 2003 CITY OF EAGAN AUCTION LIST 1 Jensen CD Player PD 2 Sony CD Player PD 3 Gra Woman's Jacket (size small) PD 4 Flotation Device PD 5 Kolcraft Baby Stroller PD 6 Flashlight/Lantern PD 7 Kodak Star 735 Camera PD 8 Audio Phase AM/FM Radio with CD Player PD 9 Aiwa Stereo Car CD Receiver PD 10 Olym us Accura Camera PD 11 Black Case for Clarion Face Plate PD 12 Diamond Bracelet, Watch, Sunglasses, 10 Rin s PD 13 Eddie Bauer Back ack PD 14 Sony CD Walkman with Ada ter PD 15 Red Cooler PD 16 Fossil Watch & Sunglasses PD 17 4 Screwdrivers, 1 Pliers PD 18 Red & Reel PD 19 Back ack PD 20 Camera Ba with 2 Lenses PD 21 Silver Mini Mag Flashlight PD 22 Playschool Flashlight PD 23 Pliers PD 24 Clarion Automobile CD Player PD 25 Purse PD 26 Street Flyer Roller Blades (Size 10) PD 27 Umbrella & 2 Bracelets PD 28 Blue Baby Stroller PD 29 Wrangler Jeans (32x36) PD 30 Gloves PD 31 Baby Body Suits & Tissue Pa er PD 32 Black Purse, Coin Purse & Eyeglass Case PD 33 5 Pair of Earrings & 2 Rings PD 34 Black Purse PD 35 Adidas Wind Pants PD 36 Lee Jeans PD 37 Union Bay B & B Overalls PD 38 Yellow Shirt PD 39 Pink Shirt PD 40 Black & Tan Shirt PD 41 Gray Shirt PD 42 Levi's Jeans (Size Small) PD S ~ 43 Pink Nike Shirt PD 44 2 Piece Pink To & Shirt PD 45 Ladies Shirt PD 46 Men's Shirt PD 47 Men's Shirt PD 48 Men's Pants PD 49 Blue Men's Jacket PD 50 Black Purse PD 51 Black Wallet PD 52 Cellphone, Nokia PD 53 Qualcomm Cell hone PD 54 Char ing Cords PD 55 4 Pair of Sun lasses PD 56 Hair Dryer PD 57 Coffee Maker PD 58 Armitron Gold Watch PD 59 Palm Pilot with Case PD 60 Palm Pilot PD 61 Sony Playstation 2 with Controller PD 62 Sony Playstation 2 with Controller PD 63 Harley Davidson Watch PD 64 Binoculars with Case PD 65 4 Pair Sunglasses PD 66 CD Player with Head hones PD 67 JVC CD Receiver PD 68 Nokia Voicestream Cell hone PD 69 DeWalt 12v Battery, Charger & Case PD 70 Bo 's Jacket PD 71 Pioneer DVD/CD with Remote PD 72 6 Pioneer S Bakers PD 73 Motorola Cell hone/3-way Pa er PD 74 S Baker Wires PD 75 Laminator & Camera PD 76 Ga Child's Winter Coat (Size 7/8) PD 77 Trimline Cell hone PD 78 Perry Ellis Black Coat PD 79 Phoenix Gold Power Am PD 80 Kenwood Car Stereo PD 81 JVC 12 Disc Changer PD 82 Jenson Am PD 83 Al ine Car Stereo CD Player PD 84 RCA CD Player & Recorder PD 85 Pioneer AM/FM Radio CD Player PD 86 Wire Cutter, Hammer Tool PD 87 Portable CD Player PD S6 88 Cordless S otlight PD 89 Skis PD 90 MN Wild Jersey PD 91 Tire & Rim PD 92 Tire & Rim PD 93 Tire & Rim PD 94 Tire & Rim PD 95 Black Bag PD 96 Son Car CD Player PD 97 Gold Bracelet with Fake Diamonds PD 98 Kitchen Aid Refri erator PD 99 White Tea of PD 100 Booster Cables, Pliers, Wirecutter, 2 Wrenches PD 101 Gloves, 2 Pair of Sun lasses PD 102 2 1 /2" Ratchet Stra & Log Chain with Hook PD 103 Sleeping Bag PD 104 Misc. Toiletries PD 105 Cordless Phone PD 106 4 DVDs PD 107 12 DVDs PD 108 Barbie Doll PD 109 H.D. Flatboy Model PD 110 H.D. Metal Max Model PD 111 Timex Watch PD 112 Lu Nut Wrench PD 113 MN Viking Pendent PD 114 Silver Watch PD 115 Men's Diamond Ring (Fake?) PD 116 Canon 35 mm Camera PD 117 Son Walkman with Case PD 118 Knife Set PD 119 1 Samsung T Mobile Cell hone PD 120 Coleman Men's Watch PD 121 Lionel Train Watch PD 122 Hamilton Gold Men's Watch PD 123 Silvex Pocket Watch PD 124 Carriage Women's Watch PD 125 Gold Pocket Watch Milin Brand PD 126 Oakley Back Pack PD 127 Jewelry Box w/ Miscellaneous Jewelry PD 128 Jewelry Box w/Silver Necklace & Earrings PD 129 Combination Tool PD 130 14 Tele hone Cassette Recorders PD 131 Micro Cassette Recorder PD 132 5 Cassette Ta e Recorders PD S7 133 4 Pocket Cassette Recorders PD 134 2 Camera Lenses PD 135 100 Bikes PD 1 3 Yellow U holstered Chairs Central Services 2 Brother EM-530 Electric T ewriter Central Services 3 Rolling Table 40" W x 24" D x 30" H Central Services 4 Metal Shelf with 3 Shelves 36" W x 18" D x 42" H Central Services 1 2 Off White Ceiling Light Fixtures 12" Dia. (Never Used) City Hall Sho 1 Filin Cabinets Ice Arena 1 3 Desks Communit Ctr. 2 2 Tables Community Ctr. 3 2 Shelving Community Ctr. 4 4 File Cabinets Community Ctr. 1 17" Drill Press Parks Maint. 2 Cement Mixer Parks Maint. 3 Trailer Mount Cement Mixer Parks Maint. 4 4 Grass Trimmers 3 work, 1 broken arts Parks Maint. 5 Lawn Boy Mower (works) Parks Maint. 6 Honda Mower (works) Parks Maint. 7 Honda Mower (does not work) Parks Maint. Sg Agenda Information Memo September 2, 2003 I. APPROVE CONTRACT WITH DAKOTA COUNTY FOR AUCTION SALES SERVICE ACTION TO BE CONSIDERED: To approve a contract with Dakota County for auction services in conjunction with the Dakota County auction to be held on September 27, 2003. FACTS: Following last year's annual City auction held in May, the economic feasibility and staff time required to conduct this event were reviewed against other options for disposal of excess City property. In February 2003, the City Council was presented with various options for disposing of surplus City property and determined that joining forces with Dakota County was the preferred alternative. In order for local units of government to participate in the auction, the County requires a signed contract for auction sales services. ATTACHMENTS: • Dakota County contract on pages ~ through ~. 59 CONTRACT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF EAGAN FOR AUCTION SALES SERVICES This Contract is made and entered into between the Dakota County Purchasing Department, 1560 Highway 55, Hastings, Minnesota 55033, by and through the Dakota County Board of Commissioners, hereinafter "County" and City of Eagan hereinafter "City" for auction sales services. WHEREAS, the City desires to place certain goods of the City in the County's public auction on September 27, 2003; and WHEREAS, County has hired a contractor who is capable of providing auction services for Dakota County at the Dakota County Highway Shop located on Co. Road 47 in Hastings on September 27, 2003; and WHEREAS, County shall allow the City to place its goods in the County's public auction subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual promises and agreements made herein the parties agree as follows: CITY'S OBLIGATIONS Description. The City shall deliver its goods for the County auction no later than 3:00 p.m. Sept. 26, 2003 to the Hastings Highway Shop and agrees to the terms of this Agreement. The City acknowledges and warrants that it has the right to sell the goods it delivers to be sold at the County auction on September 27, 2003 and that the goods are free of any and all encumbrances. 2. TERM The term of this Contract shall begin immediately and terminate on October 17, 2003 when the services required by this Contract shall be completed. COMPENSATION AND PAYMENT 3.1. Rate of Compensation. The City agrees to accept the terms for payment as stated in the County's Agreement as stated in the County's Agreement with Schrader Auctions. The rate of compensation the County's agreed to pay Schrader Auctions to provide auction services and conduct an auction on September 27, 2003 for auction goods of Dakota County, and any other entity the County invites to participate in the auction, is the following: The County shall pay Schrader Auctions a sales commission of sixty-five dollars ($65.00) for each vehicle sold, if there are 31 or more, and seventy dollars ($70.00) for each vehicle sold if there are 30 or less and a commission of 20% of gross sales for all other items sold at the auction. 3.2. Terms of Payment. Schrader Auctions shall be responsible for collecting all monies due from each buyer on the day of the sale and, immediately after the sale, Schrader Auctions shall provide the County with a complete record of all items sold and the sale price of each item. After deducting the agreed upon commission and other allowable expenses, as stated herein, from the gross proceeds of the sale, Schrader shall provide the County with a check for the balance of the sale proceeds no later than Tuesday, September 30, 2003. The County shall pay the City the sales proceeds of the goods owned by the City which were sold at the auction, minus the sales commission rates described in Section 3.1 above, within fourteen (14) days of the County's receipt of its check for the sale proceeds from Schrader Auctions. The County shall provide the City with a description of the City items sold and the sale price of each item. Contract for Cities.doc 4. COMPLIANCE WITH LAWS/STANDARDS 4.1. General. City shall abide by all Federal, State or local laws, statutes, ordinances, rules and regulations now in effect or hereinafter adopted pertaining to this Agreement or to the facilities, programs and staff for which City is responsible. This includes, but is not limited to all Standard Assurances, which are attached as Exhibit B and incorporated herein by reference. 4.2. Violations. Any violation of such laws, statutes, ordinances, rules, or regulations, as well as loss of any applicable license or certification by City shall constitute a material breach of this contract, and shall entitle the County to terminate this contract upon delivery of written notice of termination to City. Notwithstanding any other provision of this Agreement, such termination shall be effective as of the date of such failure or loss. 4.3. Minnesota Law to Govern. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principals of conflict of laws. All proceedings related to this Agreement shall be venued in the State of Minnesota. 5. INDEPENDENT CONTRACTOR STATUS City is and shall remain an independent contractor with respect to any and all work performed under this Contract. Nothing herein contained is intended or should be construed as creating or establishing the relationship of co-partners between the parties hereto or as constituting City as the employee of the County for any purpose or in any manner. The conduct and control of the work will lie solely with the City. However, City acknowledges and agrees that City is not entitled to receive any of the benefits received by County employees and is not eligible for workers' or unemployment compensation benefits through the County. City also acknowledges and agrees that no withholding or deduction for state or federal income taxes, FICA, FUTA, or otherwise, will be made from the payments due City and that it is City's sole obligation to comply with the applicable provisions of all federal and state tax laws. 6. INDEMNIFICATION Any and all claims that arise or may arise against the City, its agents, servants or employees as a consequence of any act or omission on the part of City or its agents, servants, employees while engaged in the performance of the contract shall in no way be the obligation or responsibility of the County. City shall indemnify, hold harmless and defend the County, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees which the County, its officers or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of City, its agents, servants or employees, in the execution, performance, or failure to adequately perform City's obligations pursuant to this Contract. SUBCONTRACTING The City may not subcontract this agreement out to any other person or entity. 8. TIMELINESS Time is of the essence in this Contract. The failure of either party to perform its obligations in a timely manner may be considered by the other party as a material breach. 9. DEFAULT Force Maieure. Neither parry shall be liable to the other party for any loss or damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party's reasonable control, providing the defaulting party gives notice to the other party as soon as possible. Acts and events may include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural disasters. 10. TERMINATION Klforms/Contract For Cities.doc Page 2 of 7 ~/ Either party may terminate this Agreement with or without cause upon seven (7) days written notice to the other party. 11. WARRANTIES/GUARANTEES City warrants to the County that the County's auction contractor, Schrader Service, has the right to sell the items, delivered by the City, to be sold, free of encumbrances, and the City agrees to defend, indemnify, and hold harmless the County and Schrader Auctions from any losses, liability, or expenses arising out of any claims from persons or entities regarding ownership of the City's items. 12. Dama4es for Breach/Set-Off. Notwithstanding any other provision of this Contract to the contrary, upon breach of this Contract by Contractor the County may withhold final payment due Contractor for purposes of set-off until such time as the exact amount of damages due is determined. 13. Notification. Notification required to be provided pursuant to this Contract shall be provided to the following named persons and addresses unless otherwise stated in this Contract, or in a modification of this Contract. To Contractor: To the County: Forrest Schrader Chuck Weisbrich Schrader Auctions Departmental Services PO Box 895 1560 Hwy 55 Faribault, MN 54021 Hasting, MN 55033 (507) 334-4337 651-438-8302 14. MODIFICATIONS Any alterations, variations, modifications, or waivers of the provisions of this Contract shall only be valid when they have been reduced to writing, signed by authorized representatives of the County and Contractor. 15. SEVERABILITY The provisions of this Contract shall be deemed severable. if any part of this Contract is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Contract unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Contract with respect to either party. 16. FINAL AGREEMENT 16.1. This Contract is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are no representations, warranties, or stipulations, either oral or written, not herein contained. In the event of a conflict between any provision(s) of this Contract and any provision(s) contained in any exhibit attached hereto, the provision(s) of this Contract shall control. 16.2. Exhibits. The following exhibits are attached and incorporated fully herein. Exhibit A Auction Sales Exhibit B Standard Assurances K/forms/Contract for Cities.doc Page 3 of 7 /~ IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. Approved as to form: Assistant County Attorney/Date COUNTY OF DAKOTA sy W. Taud Hoopingarner Operations Management Director Date of Signature CITY OF EAGAN (Please have signature notarized) By Title Date of Signature STATE OF MINNESOTA COUNTY OF ss. This instrument was acknowledged before me on , 20_, by (name}, (title), of the City of Eagan, who, being duly sworn, represents and warrants that he/she/they is/are authorized by law and all necessary board action to execute this contract on behalf of the corporation/organization, intending this contract to be a legally binding obligation of the corporation/organization. Notary Public k/02/k02-371 IVforms/Contract for Cities.doc Page 4 of 7 6-~ EXHIBIT A AUCTION SALES BETWEEN DAKOTA COUNTY AND Schrader AUCTIONS Schrader shall provide two auctioneers on the day of the sale. 2. Schrader shall provide adequate labor for approximately 4 hours, on the appropriate day, the week of September 22, to load and unload furniture in the course of moving surplus County items to the auction site in Hastings. Dakota County will provide a driver, truck and trailer. 3. Schrader shall provide adequate labor for auction preparation and setup on September 26 from 8:00 a.m. to noon and on September 27, the day of the sale. 4. Schrader shall run timely advertisements for the sale in the Minneapolis Star Tribune, the St. Paul Pioneer Press and the Free Press, Hastings Gazette, Hastings Shopper, Rosemount City Pages, Farmington Independent, Golden Nugget and distribute sale bills via U.S. Mait, fax and email to selected lists of necessary buyers. No ad shall be smaller than 2 column x 5" except in the Mpls. Star Tribune. 5. Two (2) portable restrooms shall be provided and paid for by Schrader Auctions. 6. Schrader shall arrange for a food and beverage concession to operate shortly before and during sale hours. Proof of insurance with the County named as additional insured shall be provided to the County prior to the date of the safe. 7. Schrader shall provide proof of insurance in the limit amounts required by the County per Exhibit C, Insurance Terms in the contract executed with Dakota County, prior to the date of the sale. If Schrader utilizes a subcontractor to perform any of its duties under this Contract, Schrader must require the subcontractor to provide proof of insurance and coverage limits to the County prior to beginning work under this Contract. Schrader must also require the subcontractor to agree in writing to defend, hold harmless and indemnify the County from any and all liability arising out of the subcontractor's performance of its duties. When a subcontractor is utilized, Schrader understands it remains responsible for complying with all of the terms of this Contract. 8. Schrader agrees to auction goods of Dakota County and any other entity the County invites to participate in the September 27, 2003 public auction. Dakota County wiH pay the same sales commission to Schrader for the items owned by the other entities. IUforms/Contract for Cities.doc Page 5 of 7 SA6/CA Standard-CA Revised: 11/15/02 EXHIBIT B STANDARD ASSURANCES 1. NON-DISCRIMINATION. During the performance of this Contract, the Contractor shall not unlawfully discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, national origin, disability, sexual orientation, age, marital status or public assistance status. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without unlawful discrimination because of their race, color, creed, religion, sex, national origin, disability, sexual orientation, age, marital status or public assistance status. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices which set forth the provisions of this nondiscrimination clause. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, religion, sex, national origin, disability, sexual orientation, age, marital status, or public assistance status. No funds received under this Contract shall be used to provide religious or sectarian training or services. The Contractor shall comply with any applicable federal or state law regarding non-discrimination. The following list includes, but is not meant to limit, laws which may be applicable: A. The Eaual Emalovment Oaaortunity Act of 1972, as amended, 42 U.S.C. § 2000e et seg. which prohibits discrimination in employment because of race, color, religion, sex or national origin. B. Executive Order 11246 as amended, which is incorporated herein by reference, and prohibits discrimination by U.S. Government contractors and subcontractors because of race, color, religion, sex or national origin. C. The Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et seq. and 45 C.F.R. 84.3 (J) and (K) implementing Sec. 504 of the Act which prohibits discrimination against qualified handicapped persons in the access to or participation in federally-funded services or employment. D. The A¢e Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq. as amended, and Minn. Star. § 181.81, which generally prohibit discrimination because of age. E. The Eoual Pav Act of 1963, as amended, 29 U.S.C. § 206(d), which provides that an employer may not discriminate on the basis of sex by paying employees of different sexes differently for the same work. F. Minn. Star. Ch. 363, as amended, which generally prohibits discrimination because of race, color, creed, religion, national origin, sex, mazital status, status with regard to public assistance, disability, sexual orientation or age. G. Minn. Star. & 18].59 which prohibits discrimination against any person by reason of race, creed, or color in any state or political subdivision contract for materials, supplies or construction. Violation of this section is a misdemeanor and any second or subsequent violation of these terms may be cause for forfeiture of all sums due under the Contract. H. Americans with Disabilities Act of 1990 42 U.S.C. §§ 12101 through 122]3, 47 U.S.C. §§ 225, 611, with regulations at 29 C.F.R. § 1630, which prohibits discrimination against qualified individuals on the basis of a disability in term, condition or privilege of employment. 2. DATA PRIVACY. For purposes of this Contract all data created, collected, received, stored, used, maintained, or disseminated by Contractor in the performance of this Contract is subject to the requirements of the Minnesota Government Data Practices Act, Minn. Star. Chapter 13 and the Minnesota Rules implementing the Act now in force or hereafter adopted as well as the Federal laws on data privacy, and Contractor must comply with those requirements as if it were a governmental entity. The remedies in section 13.08 apply to the Contractor. Contractor does not have a duty to provide access to public data to the public if the public data are available from the governmental agency (County), except as required by the terms of this Contract. All subcontracts shall contain the same or similaz data practices compliance requirements. 3. HEALTH INSURANCE PORTABILITY & ACCOUNTABILITY ACT OF 1996. The Contractor agrees to comply with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) which are applicable to the Contractor's duties under this Contract. In performing its obligations under this Contract, Contractor agrees to comply with the HIPAA Privacy requirements as of April 14, 2003, the HIPAA Standards for Electronic Transactions as of October 16, 2003, and all other HIPAA requirements as they become law. K/forms/Contract for Cities.doc Page 6 of 7 ~ ~~- 4. RECORDS DISCLOSURE/RETENTION. Contractor's bonds, records, documents, papers, accounting procedures and practices, and other evidences relevant to this Contract aze subject to the examination, duplication, transcription and audit by the County and either the Legislative or State Auditor, pursuant to Minn. Stat. § 16C.05, subd. 5. Such evidences are also subject to review by the Comptroller Genera] of the United States, or a duly authorized representative, if federal funds are used for any work under this Contract. The Contractor agrees to maintain such evidences for a period of six (6) years from the date services or payment were last provided or made or longer if any audit in progress requires a longer retention period. 5. WORKER HEALTH, SAFETY AND TRAINING. Contractor shall be solely responsible for the health and safety of its employees in connection with the work performed under this Contract. Contractor shall make arrangements to ensure the health and safety of all subcontractors and other persons who may perform work in connection with this Contract. Contractor shall ensure all personnel of Contractor and subcontractors are properly trained and supervised and, when applicable, duly licensed or certified appropriate to the tasks engaged in under this Contract. Each Contractor shall comply with federal, state and local occupational safety and health standazds, regulations and rules promulgated pursuant to the Occupational Health and Safety Act which are applicable to the work to be performed by Contractor. 6. CONTRACTOR DEBARMENT, SUSPENSION AND RESPONSIBILTTY CERTIFICATION. Federal Regulation 45 CFR 92.35 prohibits the State/Agency from purchasing goods or services with federal money from vendors who have been suspended or debarred by the federal government. Similarly, Minnesota Statutes, Section 16C.03, subd. 2 provides the Commissioner of Administration with the authority to debar and suspend vendors who seek to contract with the State/Agency. Vendors may be suspended or debarred when it is determined, through a duly authorized hearing process, that they have abused the public trust in a serious manner. By Signing This Contract, The Contractor Certifies That It And Its Principals* And Employees: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from transacting business by or with any federal, state or local governmental department or agency; and B. Have not within athree-year period preceding this Contract: 1) been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction or contract; 2) violated any federal or state antitrust statutes; or 3) committed embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; and C. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity for: 1) commission of fraud or a criminal offense. in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction; 2) violating any federal or state antitrust statutes; or 3) committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; and D. Are not aware of any information and possess no knowledge that any subcontractor(s) that will perform work pursuant to this Contract are in violation of any of the certifications set forth above. E. Shall immediately give written notice to the Contracting Officer should Contractor come under investigation for allegations of fraud or a criminal offense in connection with obtaining, or performing: a public (federal, state or local government) transaction; violating any federal or state antitrust statutes; or committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property. *"Principals" for the purposes of this certification means officers; directors; owners; partners; and persons having primary management or supervisory responsibilities within a business entity (e.g. general manger; plant manager; head of a subsidiary, division, or business segment and similar positions). Directions for On Line Access to Excluded Providers To ensure compliance with this regulation, identification of excluded entities and individuals can be found on the Office of Inspector General (OIG) website at www.dhhs.~ov//prog_org/o1~/. K/forms/Contract for Cities.doc Page 7 Of 7 ~~ Agenda Information Memo September 2, 2003 Eagan City Council J. FINAL SUBDIVISION AND FINAL PLANNED DEVELOPMENT (BLUE RIDGE FIFTH ADDITION) -CSM CORPORATION ACTION TO BE CONSIDERED: To approve a Final Subdivision (Blue Ridge Fifth Addition) to create one lot on approximately 20.7 acres located northwest comer of Lone Oak Road and Lone Oak Parkway in the SW '/4 of Section 1. To approve a Final Planned Development for construction of a 43,000 square foot office, warehouse and manufacturing building on Lot 1, Block 1, Blue Ridge Fifth Addition. FACTS: Final Plat • The final plat is a replat of Outlot K, Lone Oak, to Lot 1, Block 1, Blue Ridge Fifth Addition. • The plat creates a single parcel along existing parcel boundaries and dedicates additional right-of--way for Lone Oak Road. Final Planned Development • The Preliminary Planned Development (Laukka-Beck) was established in 1985. • CSM Corporation is developing a 43,000 square foot office, manufacturing and warehouse building as the first phase of development on this site. • The Final Planned Development Agreement is signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS 1 Final Plat, page 6~ O V Q r--'T--- ~ i ~ I bl ~ a ~f ~ ----F~~--- >I s ~ ~ i d' L___r_ _ O~' e 3~' 3F W V y ti ti t OC Q ~ .: ~~J~~ ~ ~J r ~ `J, rsrrr ~ ~ i~ dpi 4/ ~ ?.-~~ ~ ,~ ~~ / a «I :- 1 / ~~r~ // '~ Q I i~I I ~ ~ ~; d{~`y ~Y- , ~I a (`C yf { ~ \ ~ h ++ R$ I ~ =~ ~ o~ g ~ J.. € I ~, ,°'~ 4 ~^ SR', i d P ~ e .^. E _s i~ / .ter ~`L ~ JSat ~'------~ - ~ -t a ....... ........ r31----- rsr~e ~,ssoooos c'S ~ ~ F ~~ / / ~~ z i - ~'" ci i / / ~~~~~' I I I I F~ _ 1 1 ~~ / I I I '-~ i~`~~' ~-_I-.~- ~~:.I ~ ~, ~~ \ \ ~.~ 11 II e 8 - s ~: ,E Eo F.6 ~ 8 rv S' ao a~ ~F • F = h ~~ - E c 'ti Q5 ~! ae c~ 6v ~~ ieE _ o CE Ct6 :< ~~ cE~ eg o: o~e .~s 8 ~ o ~t a~ ~~ c~ N o-•- ___I I...I I ,i Agenda Information Memo September 2, 2003 Eagan City Council K FINAL SUBDIVISION (NORTHWOOD BUSINESS PARK 3~ ADDITION) - NORTHWOOD EQUITY, LLC ACTION TO BE CONSIDERED: To approve a Final Subdivision (Northwood Business Park 3Td Addition) to create two lots on approximately 17.7 acres located north of Northwood Parkway and west of Lexington Avenue in the SE ~/4 of Section 10. FACTS: • The Preliminary Subdivision was approved on February 19, 2002. • Approval of the Final Subdivision was postponed from the August 19, 2003 Council meeting, because all of the documents were not complete for execution at that time. • All documents and Agreements are now signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS jl): Final Plat, page 69 T W ~ ~.«+ S ~ 0 ~ ~# ~. g ~ .. " :: ~ N~ S~ s ~ :~ f ° n~ I ~~~ :" Z ..~ i--- ~ ----~ ~~ I I --~~~ -- - i ~ ~~ a~ J ~ ~~~ s h ._ i .. $- ~W r s a = a ~L S i Q ~ i ~g ~ a~ W ~--~---~ ~t e ~ g m~~ _x `O O Q M 'W j O O ~ ~e ~~ a'~z ~ ~bt ~~~~ ~~ ~o~~ ~ 6 ~~~~ ~ . ~~ ~~~~ ~~ ~~ ~ag= oa e ~p N N N Q D W W s ~E o ` b' ~, m~ of R r-- - - I I I I I I ~ ~' I ~ 1 I a€ I I ~~ I 9~{~^F ' EZ ............ .... ......... s , / a _ , ~ ~y ~? Irk ~2~ .. ~ it ns ~ / ,f n a s . ~ > 1 6 , '~, ,y.ronri F / ~ X11 _, ~ •.,.,•, ~ sum ~ ~ ` / ` ~\ R ~ O a- la I ~ ~ = e ~ \ 1 Nwe .4e m ~2 a Tfy'~~.= 1~ / /~ -~ c: ul - q L ~ ' ~`7 ~ ~ ~ m ~~ \ Y .I I M.~~ ~ 1 i ~ f I~~ I ~ I ~/:r:1.4~q.Ct.ltne4t 1 \ ~ r 1 ua ray ~ M ^ na ~ 1 ~ s~o= yet as ^' ~ T_Sm J.v ~~~ a / serernt " .~ et a I ~ ~ I I~ I .~ 19 .. I .. .. I ~ . ~~ ~ I -. - . lid . / 7 I ~ ~ 8 YX .. ~~.~,di , , _ I ~ ~ / ~ % ~- / •/ / ~? ~p L - Ja11/ ,~ ~~/5~ _ ~ yy ~~p5.pd'00'11 1435 1' _ ~, ~ yyy33 ~ I n} } .~ I .~ ; 1~ . .. ~D Agenda Information Memo September 2, 2003 Eagan City Council Meeting L. AMERICAN ENGINEERING TESTING SERVICE AGREEMENT ACTION TO BE CONSIDERED: Approve a Service Agreement with American Engineering Testing, Inc. and authorize designated City staff to execute work orders for requested engineering services. FACTS: • The City Council has previously approved American Engineering Testing, Inc. (AET) as an engineering services consultant for the City of Eagan. • Public Works Department staff require the services provided by AET on numerous occasions, including material testing, soil borings, density tests, etc. for public improvements. • An agreement between the City of Eagan and AET has been prepared providing the terms and conditions which AET may provide the City with professional services. • The agreement authorizes the following designated City staff to execute work orders for requested engineering services: Public Works Director, City Engineer, Assistant City Engineer, Construction Manager, Superintendent of Streets & Equipment and Superintendent of Utilities. • This agreement is consistent with the agreement recently approved by the City Council with Braun Intertec Corporation for similar professional services. • The City Attorney's office has reviewed this agreement and found it to be similar to other service agreements and in order for favorable Council action. ATTACHMENTS: • Service Agreement, pages ~ through _~_. ~~ PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made this day of September 2003, by and between the CITY OF EAGAN, a Minnesota municipal corporation (hereinafter called "Client") and AMERICAN ENGINEERING TESTING, INC., a Minnesota corporation (hereinafter called "American Engineering Testing, Inc."), sets forth the terms and conditions pursuant to which American Engineering Testing, Inc., may, from time to time, provide Client with professional services (the "Services"). The contract documents that comprise the entire agreement between Client and American Engineering Testing, Inc., concerning the Work consist of this Agreement, the Work Orders, insurance policies, change orders, and additional documents specific to the particular job, as listed in the Work Orders, and together they set forth the terms and conditions under which American Engineering Testing, Inc., will provide Client with the Services described therein. All contract documents described in this section are a part of this contract, though they may not be attached to this contract or repeated herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, Client and American Engineering Testing, Inc., hereby agree as follows: Responsibilities of American Engineering Testing, Inc. 1.1 Services. Client may, in its sole discretion, from time to time request American Engineering Testing, Inc., to perform professional services pursuant to the terms of this Agreement. Client will authorize such work by executing a Work Order that has been prepared and forwarded to Client by American Engineering Testing, Inc., in the form of Exhibit 1 (attached). Upon receipt of a signed Work Order, American Engineering Testing, Inc., shall perform the Services pursuant to the terms of the Work Order and this Agreement. If American Engineering Testing, Inc. is unwilling or unable to perform the requested Services, American Engineering Testing, Inc., shall promptly notify Client's representative who authorized the work. Client's representative(s) with individual authority to execute Authorizations for Services to American Engineering Testing, Inc., are the Public Works Director, City Engineer, Assistant City Engineer, Construction Manager, Superintendent of Streets & Equipment and Superintendent of Utilities. American Engineering Testing, Inc., shall provide its Services in a professional manner that is consistent with the degree of care and skill ordinarily exercised under similar circumstances by reputable members of its profession practicing in the same locality. 1.2 Timing. American Engineering Testing, Inc., shall perform the Services in each Work Order in the sequence and time that is required by the progress and nature of the Project. If American Engineering Testing, Inc., is delayed in the performance of the Services by actions or neglect of Client, by changes ordered in the Services or by other causes beyond the control of American Engineering Testing, Inc., then the time shall be extended in writing and compensation to American Engineering Testing, Inc., will be adjusted as agreed between the parties. ~~ 1.3 Budget. American Engineering Testing, Inc., agrees that its compensation for Services authorized pursuant to this Agreement shall be based upon its then current Schedule of Charges, which is adjusted annually or as maybe otherwise negotiated by Client and American Engineering Testing, Inc., and reflected on the Work Order. This Schedule of Charges is attached. The contract price provided in the Work Order constitutes the full compensation (subject only to approved written change orders) payable to American Engineering Testing, Inc., for performing the Work. Client reserves the right to increase or decrease the quantities of work without changes in the Unit Prices. Client will issue Change Orders to modify contract time commensurate with approved changes in the Services. 1.4 Coordination. American Engineering Testing, Inc., shall coordinate its work with the services provided by others relative to the Project. American Engineering Testing, Inc., shall be available to Client for general consultation relative to the Project. A representative of American Engineering Testing, Inc., shall attend all meetings relative to the Project that are reasonably required to fully perform the Services. 1.5 Ownership of Documents. 1.5.1 Right in Work Product. The specific work product of American Engineering Testing, Inc., services for which it is reimbursed by Client, including all data, documents, results, ideas, developments, and inventions that American Engineering Testing, Inc., conceives or reduces to practice during the course of its performance under this Agreement, shall be the property of Client, but American Engineering Testing, Inc., may reuse such information in the normal course of its business and retains its rights in any standard details or drawings. 1.5.2 Digital Data. American Engineering Testing, Inc., will furnish Client with electronic data versions of certain drawings or other written documents ("Digital Data") compatible with Client's software (to the extent possible) unless otherwise agreed upon. In the event of any conflict between a hard copy document and the Digital Data, the hard copy document governs. The Digital Data shall be prepared in the current software in use by American Engineering Testing, Inc., and is not warranted to be compatible with other systems or software. Any Digital Data submitted by American Engineering Testing, Inc., to Client is submitted for an acceptance period of 60 days ("Acceptance Period"). Any defects that Client discovers during this period and reports to American Engineering Testing, Inc., will be corrected by American Engineering Testing, Inc., at no extra charge. For correction of defects reported to American Engineering Testing, Inc., after the Acceptance Period, Client shall compensate American Engineering Testing, Inc., on an hourly basis at American Engineering Testing, Inc., billing rates. Client understands that the Digital Data is perishable and Client is responsible for maintaining it. Indemnification and Insurance. 2.1 Indemnity. To the extent permitted bylaw, American Engineering Testing, Inc., shall indemnify and hold Client harmless from and against all liabilities, claims, damages, losses and expense, including reasonable attorneys' fees, arising out of or resulting from the negligent performance of the Services. Client agrees to limit American Engineering Testing, Inc., liability to Client arising from professional acts, errors or omissions, such that the total liability of American Engineering Testing, Inc., shall not exceed $1,000,000 or shall not exceed the project fees, whichever is greater. ~3 2.2 Insurance. American Engineering Testing, Inc., shall keep and maintain the following insurance coverages: 2.2.1 Professional Liability Insurance. American Engineering Testing, Inc., shall maintain in full force and effect until at least three years subsequent to completion of the Services professional liability insurance covering the performance of the Services, so long as such insurance is commercially available to American Engineering Testing, Inc., at a reasonable price. Such insurance shall be on a "claims made" basis and in the amount of at least $1,000,000. 2.2.2 Workers Compensation Insurance. American Engineering Testing, Inc., shall maintain workers compensation insurance with following limits or with the minimum limits required by law, if greater: Coverage A: Statutory Coverage B: $1,000,000 Bodily Injury by accident Each accident $1,000,000 Bodily Injury by disease Policy limit $1,000,000 Bodily Injury by disease Each employee 2.2.3 General Liability Insurance. American Engineering Testing, Inc., shall maintain general liability insurance with coverage to include: Premises/Operations, Completed Operations and Contractual Liability (to cover the indemnification provision in paragraph 2.1 of this Agreement). Limits of coverage shall not be less than: $1,000,000 Per occurrence $2,000,000 Aggregate 2.2.4 Automobile Insurance. American Engineering Testing, Inc., shall maintain automobile liability insurance to include all owned autos (private passenger and other than private passenger), hired and non-owned vehicles. Limits of coverage shall not be less than: $1,000,000 Per occurrence 2.2.5 Evidence of Insurance. The above insurance shall be maintained in companies lawfully authorized to do business in Minnesota and which are reasonably acceptable to Client. American Engineering Testing, Inc., shall furnish Client with certificates reflecting such insurance (ACOIZD form or equivalent) to be in force as long as this agreement remains in effect and providing that said insurance will not be canceled or materially changed without at least 30 days prior written notice to Client. 2.2.6 Health and Safety. American Engineering Testing, Inc., will take all necessary precautions, meet all legal requirements for the health and safety of all its employees on the project and all other persons who maybe affected by the Work, and comply with Client's safety rules. This requirement will apply continuously and is not limited to normal working hours. American Engineering Testing, Inc., shall have the right to restrict from the site any persons who do not comply with reasonable safety requirements of American Engineering Testing, Inc. ~s~ Client's Responsibilities. 3.1 Compensation. Client will pay to American Engineering Testing, Inc., compensation for the Services as set forth in each Work Order, together with any adjustments set forth in written Change Orders. American Engineering Testing, Inc., shall submit itemized monthly statements for such compensation equal to the value of the Services completed throughout the preceding month, as such value is determined in accordance with the then current Schedule of Charges. Said invoices shall reference the Work Order number and Client Job Number to properly identify work being invoiced. Client shall make payment to American Engineering Testing, Inc., on receipt of each invoice. Upon receipt of each payment, American Engineering Testing, Inc., shall furnish a mechanic's lien waiver reflecting all sums paid to American Engineering Testing, Inc. 3.2 Changes and Adjustments. Client may order changes to the Work Order consisting of additions, deletions or other revisions, with corresponding adjustments to the compensation to American Engineering Testing, Inc., and the project schedule. All such changes in the Services shall be authorized by written Change Order. An adjustment to the compensation to American Engineering Testing, Inc., resulting from a change in the Services shall be determined by: mutual acceptance of a lump sum amount, application of hourly billing rates as set forth in the current Schedule of Charges, or in such other manner as is mutually agreed upon by American Engineering Testing, Inc., and Client. If American Engineering Testing, Inc., believes it is entitled to additional compensation or time for performing additional services that are beyond the scope of the Work Order, American Engineering Testing, Inc., shall immediately notify Client thereof and secure Client's approval prior to performing such additional services. American Engineering Testing, Inc., shall not be entitled to additional compensation if additional work is the result of its errors. 3.3 Furnishing Information. Client shall, at its expense, provide American Engineering Testing, Inc., with the information, services and other materials regarding the Project that are described in the respective Work Order. 3.4 Location of Underground Facilities. Unless American Engineering Testing, Inc., specifically accepts this responsibility in the Work Order, Client will locate all Underground Facilities and shall be responsible for determining that the Work will not interfere with Underground Facilities. American Engineering Testing, Inc., will review all proposed locations for the Work and will satisfy itself that the Work will not interfere with Underground Facilities. If any proposed Work locations may interfere with Underground Facilities, American Engineering Testing, Inc., will notify the Client's project manager and request a relocation of the Work. ~s 4. Miscellaneous. 4.1 Entire Agreement. The terms and conditions set forth herein constitute the entire understanding of the parties relating to the provision of services by Braun Intertec to Client and shall be incorporated in all Work Orders unless otherwise so stated therein. This Agreement maybe amended only by a written instrument signed by both parties. 4.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. 4.3 Assignment. This Agreement may not be assigned by American Engineering Testing, Inc., or Client without the prior written consent of the other party. 4.4 Dispute Resolution. Disputes will be submitted to Alternative Dispute Resolution (ADR) as a condition precedent to litigation. American Engineering Testing, Inc., and Client will exercise good faith efforts to resolve disputes through a mutually acceptable ADR procedure. Collections will not be submitted to ADR. 4.5 Termination. This Agreement may be terminated by either party upon seven days written notice should the other party fail to perform in accordance with the terms hereof, provided such failure is not cured within such seven day period. Client may terminate this Agreement for convenience at any time, in which event American Engineering Testing, Inc., shall be compensated in accordance with the terms hereof for Services performed and reimbursable expenses incurred prior to its receipt of written notice of termination from Client. 4.6 Force Majeure. Neither party shall be liable for damages or deemed in default of this Agreement and any Work Order hereunder to the extent that any delay or failure in the performance of its obligations (other than the payment of money) results, without its fault or negligence, from any cause beyond its reasonable control, such as acts of God, acts of civil or military authority, embargoes, epidemics, war, riots, insurrections, fires, explosions, earthquakes, floods, adverse weather conditions, union activity, strikes or lock-outs, and changes in laws, statutes, regulations, or ordinances. 4.7 Severa6ility. Should a court of law determine that any clause or section of this Agreement is invalid, all other clauses or sections shall remain in effect. IN WITNESS WHEREOF, Client and American Engineering Testing, Inc., have caused this Agreement to be duly executed as of the date first above written. CITY OF EAGAN, MINNESOTA By Its By American Engineering Testing, Inc. By Its Its City Clerk G:RM'03/MISC/Professional Services Agreement - AET ~6 Agenda Information Memo September 2, 2003 Eagan City Council Meeting M. PROJECT 859. TH 55/LEXINGTON AVE/BLUE GENTIAN ROAD PROJECT 877 LEXINGTON AVE -LONE OAK ROAD TO TH 55 STREET IlNIPROVEMENTS ACTION TO BE CONSIDERED: Authorize the preparation of a feasibility report by WSB and Associates, Inc. for Projects 859 (Trunk Highway 55/Lexington Avenue/Blue Gentian Road -Intersection Improvements) and 877 (Lexington Avenue (CSAH 43), Lone Oak Road to Trunk Highway 55 -Street Improvements). FACTS: • The reconfiguration of the intersection of Highway 55, Lexington Avenue and Blue Gentian Road, including traffic signal improvements, was recommended in the Grand Oak Business Park Alternative Urban Areawide Review (September, 1998) as one of the first development related transportation improvements. • The rehabilitation of Lexington Avenue, a County Sate Aid Highway, from Lone Oak Road to Highway 55 would include street resurfacing and striping modifications. • Both street improvements are programmed for 2004 in the City's 5-Year Capital Improvement Program (2004-2008 CIP). • On August 6, 2002, the City Council authorized the preparation of separate feasibility reports for both projects. Due to the lack of desired funding for the intersection, both projects have been stalled. • City staff has been meeting with the Dakota County Transportation Department staff regarding the desired reconfiguration of the TH 55/CSAH 43 intersection and upgrade of Lexington Avenue. County staff has agreed to combine the two projects under one contract with the City acting as the lead agency upon the City Council's approval of both projects. Dakota County would design Project 877. The City would be responsible for the design of Project 859 and the construction of both projects. ~ City staff is hopeful that the combining of the two projects will prove more successful than the two previous submittals to receive Cooperative Agreement funding through MnDOT. Staff plans to apply for MnDOT funding through the Local Initiative Municipal Agreements Program for fiscal year 2005 (7/1/04 - 6/30/05). Regardless, the joint effort will allow partial funding of the intersection improvement by the County. • Based on both the City's and County's CIP schedules, it would be appropriate for the City Council to authorize the preparation of a combined Feasibility Report for these projects to determine the updated scope, cost, schedule, and method of financing for the construction of these public improvements. ~~ Agenda Information Memo September 2, 2003 Eagan City Council Meeting N. PROJECT 7648. SELMARK/ HARVEY/ BURRVIEW ADDITIONS FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 764R (Selmark/ Harvey/ Burrview -Street Overlay) and schedule a public hearing to be held on October 7, 2003. FACTS: • Project 764R provided for the rehabilitation of the streets within the Selmark/ Harvey/ Burrview Additions, including Chapel Lane, Wren Lane, Roll Lane, Sally Circle, Rita Court, and Random Road. • This project, constructed under Contract 03-10, has been completed, all costs tabulated, and the final assessment roll prepared. • This roll is 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. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are approximately 10% under the estimate contained in the feasibility report presented at the public hearing held on November 7, 2002. ~~ Agenda Information Memo September 2, 2003 Eagan City Council Meeting O. PROJECT 875. LEXINGTON PLACE/ LEXINGTON PLACE SOUTH FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 875 (Lexington Place/ Lexington Place South -Street Overlay) and schedule a public hearing to be held on October 7, 2003. FACT5: • Project 875 provided for the bituminous overlay of the streets within the Lexington Place /Lexington Place South Additions, including Duckwood Drive, Blue Jay Way, Blue Jay Court, Hummingbird Lane, Falcon Way, Canary Way, and Cardinal Way. • This project, constructed under Contract 03-02, has been completed, all costs tabulated, and the final assessment roll prepared. • This roll is 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. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are approximately equal (within 0.5%) to the estimate contained in the feasibility report presented at the public hearing held on December 2, 2002. ~9 Agenda Information Memo September 2, 2003 Eagan City Council Meeting P. PROJECT 876, DREXEL HEIGHTS FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 876 (Drexel Heights -Street Overlay) and schedule a public hearing to be held on October 7, 2003. FACTS: • Project 876 provided for the bituminous overlay of the streets within the Drexel Heights Addition, including Dresden Court, Dresden Way, and Drexel Court. • This project, constructed under Contract 03-02, has been completed, all costs tabulated, and the final assessment roll prepared. • This roll is 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. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments aze approximately 6% over the estimate contained in the feasibility report presented at the public hearing held on December 2, 2002. 80 Agenda Information Memo September 2, 2003 Eagan City Council Meeting Q. CONTRACT 03-12. TH 13 & SILVER BELL ROAD INTERSECTION IMPROVEMENTS ACTION TO BE CONSIDERED: Reject the bids for Contract 03-12 (TH 13 & Silver Bell Road -Intersection Improvements), and authorize re-advertisement for bids in early 2004. FACTS: • Contract 03-0 l provides for the reconfiguration of the intersection of Silver Bell Road and TH 13, including traffic and access management improvements providing benefit to the operation of TH 13 as requested by MnDOT. • On February 6, 2001, the City Council approved Project 800R, the reconfiguration of Silver Bell Road, from Trunk Highway (TH) 13 to Cedar Grove Parkway, and authorized the preparation of final plans and specifications. Due to the lack of approved state funding for the addition of dual left-turn lanes on north and southbound TH 13 at Silver Bell Road, this portion of the originally proposed improvements was not included in the final plans. • On August 4, 2003, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 03-12. • At 10:30 a.m. on August 28, formal bids were received for this project. All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. A copy of the bid tabulation is enclosed. The bid received from the low bidder was about 25% more than the Engineer's Estimate. Fall bidding often encounters higher prices due to the lack of available contractors. • Reimbursement of the City for a portion of the construction costs has been approved with Cooperative Agreement funding through MnDOT. The MnDOT funding through the Local Initiative Municipal Agreements Program is available for a contract award during fiscal year 2004 (7/1/03 - 6/30!04). • The current contract, as bid, includes two phases of construction. Phase One was to occur in the fall of 2003, with Phase Two and the completion of the construction occurring in early summer 2004. If started in the spring 2004, the entire contract could be completed by mid-summer 2004. • Due to the significant cost difference between the estimate and actual low bid, the continued availability of Cooperative Agreement funding, and the timing of the construction, the City's Consulting Engineer recommends that the City exercise its right to reject any or all bids. ATTACHMENT: • Bid Summary, page 8'/ TH 13 and Silver Bell Road Intersection Improvements City of Eagan Project No. 880 City Contract No. 03-12 Bid Date: August 28, 2003 Bid Time: 10:30 AM Contractor Total Base Bid Bituminous Roadways, Inc. $762,790.35 LS Black Constructors, Inc. (a) $948,019.27 Jay Bros., Inc. (a) $7,014,457.19 McNamara Contracting, Inc. $1,030,380.58 Preliminary Engineer's Estimate (Municipal Agreement Application) $652,585.14 Over (+) Under (-) Preliminary Engineer's Estimate -16.9% Engineer's Estimate $608,554.50 Over (+) Under (-) Engineer's Estimate -25.3% Notes: (a) Contractor's bid proposal contained errors. 8'~ Agenda Information Memo September 2, 2003 Eagan City Council Meeting R CONTRACT 03-O1, TOWN CENTRE AREA STREET & ACCESS MANAGEMENT IlVIPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 03-O1 (Town Centre Area -Street & Access Management Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 03-01 provides for the bituminous overlay and access management improvements of the streets in the Town Centre Area. It also provides for the bituminous overlay of Crestridge Lane. • The change order provides for the following: o Pedestrian crossing push button relocation, in accordance with the Americans with Disabilities Act, on the existing signal pole at Town Centre Drive and Denmark Avenue, due to the new installation of sidewalk along the north side of Town Centre Drive. This portion of the change order provides for an additional cost of $345. o Installation of high-early strength concrete with fiber mesh reinforcement, in lieu of regular concrete, at existing driveway replacements. The use of high-early strength concrete allows the length of time a driveway is closed for reconstruction to be reduced by 2 to 3 days. The length of time for the driveway closures was a major concern for the business representatives and property owners. This portion of the change order provides for an additional cost of $13,000. o Miscellaneous fire hydrant work not anticipated under the original contract. This portion of the change order provides for an additional cost of $760. • The cost of the additional work is consistent with bid prices received for relevant bid items on other projects within the city. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for an additional cost of $14,105 (1.47% of original contract). The cost of the additional work under the change order will be the responsibility of the City's Street Fund and assessed to the adjacent benefiting properties as outlined in the feasibility report for Project 851. 83 Agenda Information Memo September 2, 2003 Eagan City Council Meeting S. Direct Staff to Proceed with Developing a Proposal for Transition of the Volunteer Fire Department from an Organizational Entity to a City Department ACTION TO BE CONSIDERED: To direct staff to proceed with developing a proposal for transition of the Volunteer Fire Department from an organizational entity to a City Department. FACTS: It is the recommendation of the League of Minnesota Insurance Trust and the City Attorney that the structure of the City's Fire Department be converted to that of a City department rather than that of an organizational entity with a separate Constitution and Bylaws. It would be appropriate at this time for the City Council to direct staff to develop a transition proposal for later consideration by the Council 8~f Agenda Information Memo September 2, 2003 Eagan City Council Meeting T. APPROVE TRANSFER OF $2,780,640 GENERAL FUND FUND BALANCE DESIGNATED FOR BOND RETIREMENT TO DEBT SERVICE FUNDS ACTION TO BE CONSIDERED: To approve the transfer of the General Fund fund balance designated for bond retirement to debt service funds as follows: 2000 EDA bonds Debt Service Fund $2,409,373 1993 Fire Facility Bonds Debt Service Fund 371,267 Total $2,780,640 FACTS: • The 2000 EDA bonds were issued in connection with the purchase of the Central Park property; the bonds are callable on February 1, 2004. The 1993 Fire Facility bonds mature February 1, 2004. • In prior actions by the City Council, a portion of the General Fund fund balance sufficient to retire these two bond issues was designated for that purpose. As noted in the annual financial report, the amount so designated at December 31, 2002 was $2,733,872. Additional interest income of $46,768 has accrued since that time. • Both the City's auditing firm and its financial advising firm have advised that the City may transfer funds into the respective debt service funds as proposed, but once transferred, the City cannot "undo" the transfer; the funds have to remain there until the debt is retired. • At a future meeting, Staff will ask the City Council to approve the "calling" (i.e., early retirement) of the 2000 EDA bonds as of February 1, 2004. $S Agenda Information Memo September 2, 2003 Eagan City Council V. PUBLIC HEARINGS A. VARIANCE -DAN AND ANNETTE MCKEAG ACTION TO BE CONSIDERED: To approve (OR to deny) asix-foot Variance to the minimum 30-foot structure setback from a public right-or-way for an addition to their home and a deck at 976 Pointe Way, Legally described as Lot 10, Block 3, Lexington Pointe, in the NE %4 of Section 26. FACTS: • The property is located on the southeast corner of Pointe Way and Lexington Pointe Parkway. • The applicant is proposing to construct an addition to the south side of the garage and the home. The proposed garage addition extends 12 feet, and the proposed house addition is 10 feet, with afour-foot deck and stairway. • The proposed addition satisfies other required setbacks and the 20% maximum lot coverage standard. • The Zoning Ordinance requires a 30 foot setback for buildings abutting public rights-of--way. • The applicant's estimate of hardship is that they need more space for their family of six and the home addition would enlarge the kitchen area, add a bedroom upstairs and provide a hobby/recreation area downstairs. The garage addition would provide additional storage for recreational and yard equipment (bicycles, boat, lawn mower, etc.) and room for parking two vehicles inside. • The proposed addition and deck would extend no closer to the south property line than the existing deck, and would be screened from Lexington Pointe Parkway by mature landscaping along the south side of the lot. • The proposed addition does not interfere with sight lines at the street intersection. • The proposed Variance does not appear to have a detrimental effect on the public or neighboring properties. 60-DAY STATUS: • Deadline is October 5, 2003. ATTACHMENTS (1): ~ Variance Report, pages through 86 PLANNING REPORT CITY OF EAGAN REPORT DATE: August 22, 2003 APPLICANT: Dan & Annette McKeag CASE: 26-VA-11-08-03 HEARING DATE: September 2, 2003 PROPERTY OWNER: Dan & Annette McKeag APPLICATION DATE: August 6, 2003 REQUEST: Variance PREPARED BY: Pamela Dudziak LOCATION: 976 Pointe Way COMPREHENSIVE PLAN: LD, Low Density ZONING: PD, Planned Development SUMMARY OF REQUEST The McKeag's are requesting asix-foot Variance to the minimum 30-foot setback from a public right-of--way for an addition to their home and a deck at 976 Pointe Way, legally described as Lot 10, Block 3, Lexington Pointe, in the NE'/a of Section 26. AUTHORITY FOR REVIEW 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. ~~ Planning Report -Dan & Annette McKeag September 2, 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 REQUIREMENTS City Code requires a minimum structure setback of 30 feet from the public right-of--way. BACKGROUND/HISTORY Lexington Pointe is part of the Lexington South Planned Development. The Lexington South PD was established in 1976 and consisted of over 1,000 acres providing for various types of housing, commercial, park and church uses. An amendment to the Lexington South PD in 1987 rezoned some of the commercial land to residential and established the Lexington Pointe PD. Lexington Pointe was platted in 1987 and consisted of 61 single-family lots. The subject lot is 15,146 square feet in area, with a lot width exceeding 85 feet. Asingle-family home with an attached two-stall garage was constructed on the lot in 1987. EXISTING CONDITIONS The lot is on the corner of Lexington Pointe Parkway and Pointe Way. The lot is approximately 105 feet wide and 145 feet deep. The public right-of way extends along both the west and south sides of the property. The existing home is situated facing Pointe Way, and the yard adjacent to Lexington Pointe Parkway functions as a side yard. The existing structure is set back 38 feet from Lexington Pointe Parkway. EVALUATION OF REQUEST Variance Criteria -The Zoning Ordinance states that relief maybe granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a demonstrable hardship or difficulty. Proposal -The applicant is proposing to construct an addition to the south side of the garage and the home. The proposed garage addition extends 12 feet, and the proposed house addition is 10 feet, with afour-foot deck and stairway. The proposed additions encroach up to six feet into the minimum required 30-foot structure setback from Lexington Pointe Parkway. ~~' Planning Report -Dan & Annette McKeag September 2, 2003 Paee 3 The lot size is 15,146 square feet. The existing home and attached garage occupy 1,707 square feet, 11.3% of the lot area. The proposed additions add 500 square feet of building area, resulting in a total building coverage of 2,207 square feet, or 14.6% of the lot area. This is less than the 20% maximum building coverage allowed by City Code. The applicant's narrative indicates that the existing deck would be removed and the house addition constructed in its place. The elevation plan indicates the proposed addition blends with the existing architecture and materials of the home. The proposed addition should be finished with exterior materials (siding, roof shingles, soffits, etc.) to match the existing structure. Evaluation - A demonstrable difficulty is required to grant relief from the minimum required front yard setback. The applicant is requesting relief from a required minimum setback to allow for the construction of a 3ra stall garage addition and an addition to the home. The property has the same use as similar properties in the vicinity, asingle-family dwelling and attached two-stall garage. However, the encroachment is minimal, and would not be visible from the public street because of the mature landscaping along the south side of the lot. The proposed addition does not appear to have a detrimental effect on either neighboring properties or the public. The proposed addition and deck would extend no closer to the south property line than the existing deck. Similar setback variances for garage additions elsewhere in the City have been granted on corner lots, or lots with double or triple street frontages generally, which impose greater setback restrictions on the property. APPLICANT'S ESTIMATE OF HARDSHIP The applicant's narrative indicates that they need more space for their family of six. The proposed house addition would enlarge the kitchen area on the main level, add a bedroom upstairs and provide a hobby/recreation area downstairs. The garage addition will provide additional storage for recreational and yard equipment (bicycles, boat, lawn mower, etc.) and room for parking two vehicles inside. The narrative also indicates that the mature landscaping shields the proposed addition from the public street. SUMMARY/CONCLUSION ~,~ vs.: ~-~ . ~~\a. The applicant is requesting asix-foot setback Variance for the construction of a garage and house addition. A single family dwelling with atwo-stall garage is present on the site. 89 Planning Report -Dan & Annette McKeag September 2, 2003 Paee 4 The applicant has indicated that the alleged hardship is their need for additional living and storage space for their family of six. Most other homes in the vicinity have two-stall garages, and while it is difficult to determine comparable living space among the homes in the area, relief from the Zoning Ordinance in this case may allow the applicant the privilege of a three-stall garage and additional living space that other properties within the vicinity maybe denied. However, similar setback variances for structure additions elsewhere in the City have been granted on corner lots, or lots with double or triple street frontages generally, which impose greater setback restrictions on the property. A determination regarding relief from the Zoning Ordinance is considered a policy matter to be determined by the City Council. ACTION TO BE CONSIDERED To approve a Variance of six feet to the required 30-foot minimum structure setback from a public right-of--way for a garage and house addition at 976 Pointe Way, legally described as Lot . 10 Block 1, Lexington Pointe, in the NE'/4 of Section 26. 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 exterior materials of the additions shall match those on the principal structure. 3. The addition shall comply with all other applicable Zoning Ordinance provisions. 4. A building permit must be obtained prior to construction. /"O Eagan Boundary Location Map ~~ ,-Street Centeriine 0 Parcel Area !~ri~>., Building Footprint 3 `~ ~' '.: - 9 ° 3 ~ 7 ~ ~ ~ 9 ~ '3 ' ~ y 'a ,a l ea p ? ~ ® _ ~ d® 9 ~ 9 ® ® 6 ~ e ~ Q '~ t 0 a ~ ~ ~ $ ~ to ~~ ~~ r .~~ _ ~ ~ ~ ~ ~ c3 ~ `~ s a ;3 ~ ®~ ~ ~ m 8 J ~ ~ ~ ~ '~ ~ ~ ~ __. ~ 9 ~ ~ 9 ~ ~ _~ ~~~ :.. ~~ ® 9 3 a.~, a a ~ ~ ~ 5 ~ q a ~ ~ ~+ ~ m ~m a ~ o ... ~ 2 ~ ? ~ ~ ~ ~ 4y; 9. 1 '~ ~ ~' ~ ~ ~.,.... .. a ~ •..~ Subjeci'Site ` ~~'``. ~ A ~ ~ ~ ~ a ® ~ a a ~ ~ ~ W~ ~ ~ 4 ~ f9 i3 3 ~ s~ ® s8 c_ ~ D Y ~ ti 6 ~ ~ ~ ~ ~ d ~ y a c..~ ~ @ ~ ~ a ~ ® ~ ~? °9 y ~ tS ~ q ~ ~ M r ~ ~ ~ m ~~..... ... ^ A ~ ~~ ~ ~ ~ ~r .t ~ ~ 9 ~ ~ D ~ ... 8 v^t t# ,~ g ~ ~ ~ .. ~ ~ g ~, & p ~ 6 . o ~ e ~ ~~ ® e~ ~ s ® ~ ® ~ a ~ ~ dD a 3 3 I~ ~ ~ r ~•.... $ ~ ~ a q ~ ~ ~ ~'. ~ ~~ 339 d ~ fi [@ ~ . +~ " - ~ ~ ~ _ `~ ~ {~ 5 ~ s ~~ P - ~ ~~ 4 .D ~ ~kb ...... • ~ ,. ~~ ~ ,$ ® 2? m ... r'S ~ 6 ~ ~ ~ ~ ® ~ 9 ~ :~ ~ ar° ~ m ® ~ s~ ~ e~ ~ P~ r ~ ® p ~ ~ ~ ~ e VR ~ ~ ~ ~~ ~ ^ a~ ~ ~ ~ ~ ~ ;~ i I s` J w I _ ~ _ ~ `~ ~ ~ ~ J ~ ~ G © ~ ° 3 3 2f a cd .g ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ {3 1000 0 1000 2000 Feet Development/Developer: Dan and Annette McKeag Application: Variance Case No.: 26-VA-11-08-03 ~ / Map Preynd usln0 ERSI AreVlsw 7.1. Pan;et bass map data provided by Dakota County OTee of GIS and is currant as of June 2003. N f THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E en f7ri Clt o v ~ The Clty of Eagan and Dakota County do not guarantee tfir accuracy of this information and are S eominur•ly Derrep~nsna Dsyarttlent not respOnslble for errors or omisslons. SUKVtYINV SERVICES 1260 YANKEE DOODLE ROAD EAGAN, MINNESOTA 55122 SONS CONST. CO. LEGAL DESCRIPTION LOTIQ,BLOCK~, I FXIN(;Tt7N PCRINTF ACCORDING 70 THE RECORDED PLAT ~ THEREOF~?AKOTA COUNTY, MINNESOTA ~-OT `~ •7~`~x 4~ ,, ~ 5. o'ajg'-~ ~ ~ ; I -t- r S ~~c~\ 6rO ~ ~ X11 ~_U I t t %~ , O ~ ~ ~ ~ 1 z \ ~pN -a• ` ~ ~$N 4^' ~ \ O'= ~ ~y,v~ a ' OT 10 ~ ~ \ NA~~s~' `~ ~`- ~i~ Eye ~ \ ? ~ o~ppAC,6 z s. p, ~ ~ / 31 '~ ~ ~' ~ ~ ~ j' 35 ,o - \ ~ ~~83 3~~ W 1. ~ Z~39 ~o• 5 ~{ ~ 3 i 5\ 835` „ D~N~E ~ L 2 `NG,~oN~P N 6„ l% PRK ~5~'3 ~1,~1205 `5~g6 LEGEND SCALE 1°=30r INVERT ELEVATION AT SERVICE EXTENSION= e DENOTES IRON MONUMENT PROPOSED GARAGE FLOOR ELEVATION = ~ DENOTES WOOD HUB SET PROPOSED FIRST FLOOR ELEVATION = DENOTES EXISTING SPOT PROPOSED BASEMENT FLOOR = ELEVATION ELEVATION DENOTES PROPOSED SPOT ELEVATION ~- DENOTES DRAINAGE DIRECTION 1 herby certify that Chia aurvsy,plan or report was prepared by me or under my iirecT supervision and that I am a duty 'epistered Land Surveyor under the ~ws of the Stote o1' Minnesota. Bradley J, 6`/snson, Mn. Rep: No. 15235 Date i~ I IIaIA~ NOTE ~ VERIFY ALL FLOOR HEIGHTS WITH FINAL HOUSE PLANS EXISTINU CONI~ITIoNS 9a-- R, _~ SUKVt Y IIVV ~ SERVICES I.. III ~ ~^ Z p. 3 z o Z ~~ ~~ o: ., ~ .,. SONS CONST. CO. I 1260 YANKEE DOODLE ROAD EAGAN, MINNESOTA 55122 LEGAL DESCRIPTION LOTIQ,BLOCK.~, L_FXINGTO POINTF ACCORDING TO THE RECORDED PLAT ` THEREOF (Z4KOTA __ COUNTY, MINNESOTA i..OT ~~ ~~~`~x 4~ `N %'1 5-124 66 '~~/~ ~ \ ~_U~i i 1 i ~ ,v `~ rn 1 a N ~ O. 1 \ $N o _ M _. ; ti~~~~ a~ OT 10 ~ ~i -~ '~``x ~ ,t~ ''` ' ~- y ~ ~~ o Z ? ~ ~ e L U~'P z E o w' ~ ~ " Ikv~l A CG ~ \ s. P ~'~ ~ ~ C ~~ D n~~ 4 W. --1 pcA~R~E ANA s, w ~ / /O. O (p a t' / oo;~ ° ' ~~ / ~ ~ s°~ Z~/ ~ :` ~ ~ ~ l ~ 3ti -~C tea- ~ i ~ ~' `'30934, ~1 1 ,a • S Z ~/~ ~ ,c 3 ~~2a5~ ~ PC~N~E X~NG~ KW ~~ N 136,E ~ ~~ p,R ~5~ ~R;12O5 1r=52 g6 LEGEND SCALE 1~~=30r INVERT ELEVATION AT SERVICE EXTENSION= c DENOTES IRON MONUMENT PROPOSED GARAGE FLOOR ELEVATION n DENOTES WOOD HUB SET PROPOSED FIRST FLOOR ELEVATION DENOTES EXISTING SPOT PROPOSED BASEMENT FLOOR ELEVATION ELEVATION DENOTES PROPOSED SPOT ELEVATION ~ DENOTES DRAINAGE DIRECTION NOTE ~ VERIFY ALL FLOOR HEIGHTS WITH FINAL HOUSE PLANS 1 hereby certify that ihlo survsy,plon or report was prepared by me or under my lirect supervision and that t am a duly 'egistered Land Surveyor under the ~ws of the State o1 Minnesota. Bradley J, $(/anson, Mn. Req. No. 15235 Dote ~~ I IHIR~ 5 lTE ~C.R N - ~ ~ D ~POS ~D ~~ ~.0 ~~~ ly I M , W ',~+ N 3~? ~~ ~~ ~~ ~ ~ o ~ C Z a., td7 ~ Awl r- ~x h O ~. N O a (s- d W O Q a ~. (~ V ~~ ~~I ~~ . ~1 ~~ ~' ~'f 0 ~: ~.~ -=~ t~~ ,;, >_ Ll.~ L.~ l ;..i :~' Q - ~.- 9 0 Agenda Information Memo September 2, 2003 Eagan City Council B. VARIANCE -CITY OF EAGAN ACTION TO BE CONSIDERED: To approve (OR to deny) afive-foot Variance to the minimum ten-foot side yard setback for living space at 3966 Arlene Court, legally described as Lot 15, Block 1, Perron Acres, in the SE %4 of Section 24. FACTS: • The lot is located on the corner of Leonard Lane and Arlene Court, with the house oriented with its front facing Arlene Court. • The house is being constructed with a finished "bonus room" above the garage, which results in second story living space being set back only five feet from the side property line. • The Zoning Ordinance requires a ten foot setback from side property lines for living space. • Having built many homes in several subdivisions within Eagan in recent years, the builder should have been aware of the setback requirements, however, the nonconforming setback resulted in part from public action since City staff did review the survey and building plans and issued the building permit for the structure as proposed. • One alternative to the setback Variance would be to construct an interior wall to reduce the size of the living space from 17 feet to 12 feet, but doing so would not reduce the exterior size and visual impact of the structure. • The home on the adjacent lot is set back further than the home on this lot and should not be adversely affected by the Variance. • The proposed Variance does not appear to have a detrimental effect on the public or neighboring properties. 60-DAY STATUS: • Deadline is October 14, 2003. ATTACHMENTS (1): Variance Report, pages ~ through 96 PLANNING REPORT CITY OF EAGAN REPORT DATE: August 28, 2003 APPLICANT: City of Eagan PROPERTY OWNER: Manley Land Development REQUEST: Variance LOCATION: 3966 Arlene Court COMPREHENSIVE PLAN: LD, Low Density ZONING: R-l, Single-Family Residential CASE: 24-VA-12-08-03 HEARING DATE: September 2, 2003 APPLICATION DATE: August 15, 2003 PREPARED BY: Pamela Dudziak SUMMARY OF REQUEST The City of Eagan is requesting afive-foot Variance to the minimum ten-foot side yard setback for living space at 3966 Arlene Court, legally described as Lot 15 Block 1, Perron Acres, in the SE 1/4 of Section 24. AUTHORITY FOR REVIEW 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. 9~ Planning Report -City of Eagan September 2, 2003 Page 2 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. CODE REQUIREMENTS City Code requires a minimum side yard setback of 10 feet for the house or living space, and five feet for a garage. BACKGROUND/HISTORY Perron Acres was platted in November 2001. The R-1 (Residential Single Family) zoning district requires a minimum lot size of 12,000 square feet and lot width of 85 feet. The subject site is 17,629 sq. ft in area, with a lot width of 100 feet. The house on this site is new construction. EXISTING CONDITIONS The lot is located on the corner of Leonard Lane and Arlene Court. The house is situated with the front facing Arlene Court. From the site survey the structure appears to meet setback requirements with a 30-foot setback from Leonard Lane and Arlene Court, more then 15 feet of setback in the rear yard, and a five foot side yard setback for the garage. However, the house is being constructed with a finished "bonus room" above the garage, which results in second story living space being set back only five feet from the side property line. EVALUATION OF REQUEST Variance Criteria -The Zoning Ordinance states that relief maybe granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a demonstrable hardship or difficulty. The lot size is 17,629 square feet. The structure occupies 2,616 square feet, or 14.8% of the lot area. This is less than the maximum building coverage allowed by City Code. Evaluation of Hardship - A demonstrable difficulty is required to grant relief from the minimum required setback. Relief from a required minimum setback is requested to allow for the 2°d story living space above the garage addition. 98' Planning Report -City of Eagan September 2, 2003 Page 3 Having built many homes in several subdivisions within Eagan in recent years, the builder should have been aware of the setback requirements. One alternative to the setback Variance would be to construct an interior wall to reduce the size of the living space from 17 feet to 12 feet. Doing so, however, would not reduce the exterior size and visual impact of the structure. In addition, the nonconforming setback resulted in part from public action since City staff did review the survey and building plans and issued the building permit for the structure as proposed. The home on the adjacent lot is set back further than the home on this lot and should not be adversely affected by the Variance. SUMMARY/CONCLUSION The City of Eagan is requesting a setback Variance for second story living space to be within five feet of the side property line. The nonconforming setback resulted in part from public action since City staff did review the survey and building plans and issued the building permit for the structure as proposed. The home on the adjacent lot is set back further than the home on this lot and should not be adversely affected by the Variance. A determination regarding relief from the Zoning Ordinance is considered a policy matter to be determined by the City Council. ACTION TO BE CONSIDERED To approve a Variance of five feet to the required 10-foot minimum side yard setback for 2na story living space at 3966 Arlene Court, legally described as Lot 15, Block 1, Perron Acres, in the SE'/4 of Section 24. 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. 99 i Eagan Boundary Location Map ~~ P~ ~:ate~ln. ^ Building Footprint _; •~, ~ r ~ ~ J ~ '~ ~} L ~ ~ \ _ ~ I 7 -f y ' ~ ~ ~ tl ~ ~ ~ /f/~~ '~i`~~~"S , ~ ~ ~ , :~ ~ ~ ~ 0 + ,~ f~ `r9 ca a ~ A ~ ~ ~ ` r~ I I i +w ~ ~ a O -0 ,~ .~ ~~ ~ ~ ~ f ~9 ~g ~ , ® ~ ~ ~ Ate; - mss ~~ ~ ~~ ~ ~ ~ ~~ ~ _ ~• ~ ~ = ~ j ~ . ,~ ~ ~ , d ~ j, 'J 3 a: ~ ~e ~ ~~ .a ~',,• ~~ a ~ ~~ ~ `~ ~ ~ ~ ~ Sub"act Site ,~ - ~ "~%~/ ,~ ~: j c~ , ~ ~ r-.,.,': ~ i 1 ~ n ~, ~ ~, ~ Fy~• ~ a ~ 3~ 9 9 ~ tR ~ ® 3 ~ ~_,, ~^-- ~ ; © '~ r3 ~ SP J ~i~ ! 1j ~ f Q 0 i~ ~ ~ ,~ :. _ ~ ~ ^ + ~ ~ ~ ~ ~~ i7a a `~_~~~~ 1 D i e~ t H w e ~ ~ e3 ~ ~ ~ ~' ; W , : a y g , I ., ~ 7 ~ , a °~ m m ~ ' ~ j rt n ~ ~ ~ m 0 .,~ i n a ~ ~ ~ t3 s m ~ v =~ ~ ~ om.. : a.l 7 .~ .w n:i n ~ .. ° n ® A ~ 1000 0 1000 2000 Fee! 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N ~ an oi' it THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E g e c y Tha City of Eagan and Dakota County do not guarantee the accuracy of this Information and are 5 ConfeeuNty D.valopmant Gaparl~nt not rasponsiblo !o- anon or otnisslons. ~~~ ~ ~ q~z ~~ ~~ ~~~~ ~~ ;~ ~ ~~~ ~ ~ ~ =e ~~~ h~ C "0 rn m z i ~~ i ~, i ~'_ ~ ;. --- ~~- ~~ / n I~ ~ E: ~; '. r,~ ---*~---~Q---i~: ~~ ~~ ~ ~~' ~i 9 ~~~~ €~R~ g^~R~~ ~~ ~~ :~~~ m ~~~~ x ~~ ~~I, JOHN AND SUE FE _ NL~ fI nro ~ o ~ ~,' ~ ~ ~ ~ LOT 15 BLK 1 PERRON AC ~I¢1= G V av~; 88~~ $ S IG n ° 3966 ARLENE COURT u a I i ~ NI ~~, ~ EAGAN, MN i sr~thers Construction, Inc. n iON Y ~y< w Y,<a ~~ '~ ' '~ O \1 T. r W 7 Z ~~ FN w Z ? ° N ~ ~ ~ ~ ~ j Z o~ ~ w ~ V < w ,~ ZY ~'"• .Q O oa4 N ai ~ o~,J, c 8 ~a.d < NV~ C~ ~ a h NZv N'o ~O ~omv 1 ~ 5 m b Y ~ o a ~ ~ ~ ~ ~ ~ n L [) ~- ~-, a~ c ~ N C o ~Z # a~ a m ~ ~_ *~* ti"' U \O, .v ® ~n ~- [~aYp ~ y~~ vJ n XK o ~ CD ~~1. 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Agenda Information Memo September 2, 2003 Eagan City Council Meeting C. YANKEE DRIVE. RIGHT-OF-WAY VACATION ACTION TO BE CONSIDERED: Continue the consideration of the vacation of public right-of--way known as Yankee Drive between Yankee Doodle Road and Trunk Highway (TH) 13 until December 1, 2003, with the following conditions: 1) The Council requested traffic study funded by the applicant is completed, and 2) The area property owners are notified of the December 1 hearing. FACTS: • On June 10, 2003, City staff received a petition from Ms. Amber VanDyke, United Properties, representing Blue CrossBlue Shield (BCBS) of Minnesota, requesting the vacation of public right-of--way on Yankee Drive from TH 13 to Yankee Doodle Road in northwest Eagan. • On July 15, the City Council continued consideration of the vacation of public right- of-way known as Yankee Drive to September 2 pending a traffic study to be funded by the applicant and the notification of area property owners. • On July 29, City staff met with BCBS representatives and engineers from the City's traffic consultant, SRF Consulting (SRF), to discuss the details of the traffic study. A cost proposal was prepared by SRF and submitted to the City and BCBS. • Upon further consideration; BCBS representatives have requested that the vacation consideration be delayed until December 1. • BCBS owns a large majority of the properties adjacent to Yankee Drive. The purpose of the request is to allow the redesign of Yankee Drive as a private street with more parking lot and pedestrian connection between the BCBS properties. • The request would vacate the existing right-of--way for all of Yankee Drive. In addition to the existing public road, the right-of--way is currently utilized for public and private easement purposes. At a minimum, drainage and utility easement rights need to be retained for the existing storm sewer, water mains and private utilities. /0~ Agenda Information Memo September 2, 2003 Eagan City Council Meeting D. PROJECT 893, DIFFLEY FRONTAGE ROADS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 893 (Diffley Frontage Roads -Street Improvements) authorize the preparation of detailed plans and specifications and the acquisition of right-of--way and easements through quick-take Eminent Domain, if necessary, with one of the following conditions: 1) Bidding and construction to occur in Fall 2003, OR 2) Bidding and construction to occur in 2004. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past fourteen years, the City has rehabilitated approximately 63 miles of local streets. • On July 15, 2003, the City Council directed staff to prepare a feasibility report considering a street rehabilitation of the Diflley Frontage Roads in the Cedaz Grove area, between Rahn Road and Nicols Road. • The bituminous overlay of these streets, along with the other neighborhood streets in the Cedar Grove No. 1 and No. 2 Additions, is programmed for 2008 in the City of Eagan's 5- Year CIP (2004-2008). However, the condition of the Diffley Frontage Roads warrants consideration of rehabilitation at an eazlier date. • On August 4 2003, the feasibility report for Project 893 was presented to the City Council and a Public Hearing was scheduled for September 2 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held at 7:00 p.m. on August 26 in City Hall Conference Room 1 for the adjacent property owners to discuss the proposed improvements. Of the 29 single-family residential properties proposed to be assessed under this improvement, one resident attended the informational meeting with another resident stating in a letter that she would not be available for the meeting, but would attend the public hearing. Minutes of the meeting and the resident's letter aze attached. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ISSUES: • Bid prices on the construction of this type of project in the fall of the year as a stand alone contract can be expected to be at least 10% higher than bidding the project in the winter for early summer construction as part of a larger contract. An 8 month delay in the construction would not adversely affect the structural integrity of the street or the type of improvement. ATTACHMENTS: • Feasibility Report, page~through~ • Neighborhood Meeting Minutes, pages~ough~$ • Letter from Resident, page / e~ R . /os ~ ~ ~ ~ ~~r City of Eagan Report for Diffley Frontage Roads Street Improvements City Project No. 893 Eagan, Minnesota July, 2003 /06 city of eagan PAT GEAGAN Mayor PEGGY CARLSON CYNDEE FIELDS MIKE MAGUIRE MEG TILLEY Council Members THOMAS HEDGES City Administrator Municipal Center. 3830 Pilot Knob Road Eagan, MN 55122-1897 Phone: 651.075.5000 Fax: 651.675.5012 TDD: 651.454.8535 Maintenance Facility: 3501 Coachman Point Eagan, MN 55122 Phone: 651.675.5300 Fax: 651.675.5360 TDD: 651.454.8535 www.cityofeagan.com THE LONE OAK TREE The symbol oFstrength and growth in our community August 27, 2003 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Diffley Frontage Roads Street Improvements City Project No. 893 Dear Mayor and City Council: Attached is our report for Diffley Frontage Roads -Street Improvements, City Project No. 893. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. Sincerely, ohn P. Gorder Assistant City Engineer Dept. of Pu Reviewed Finance /o ~ I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. ~~ ~ 7 ohn P. Gorder Date: ~ 2~v -073 Reg. No. 22813 Date: ~ ~' ZOO _" ~ 3 Date: ~ ~ ~'tO `d.3 Reviewed By: TABLE OF CONTENTS Letter of TransmittaUCertification Table of Contents Page Introduction/ History ........................................................................................ 2 Scope ................................................................................................................. 3 Feasibility and Recommendations ..............................................................................4 Street Evaluation .................................................................................................. 4 Proposed Improvements ..........................................................................................5 Easements/Permits ................................................................................................ 6 Cost Estimate ....................................................................................................... 7 Assessments ........................................................................................................ 8 Assessment Financing Options ................................................................................. 8 Revenue Source ......................................................................................................1Q Project Schedule ....................................................................................................11 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2 Street Improvement/Assessment Area Map - 3 Typical Section -Overlay /oa August 2003 Street Improvement Report Diffley Frontage Roads Eagan, Minnesota Introduction/ History As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The 0.45 miles of 20' wide frontage roads with concrete curb and gutter adjacent to Diffley Road, west of Rahn Road in west-central Eagan has been identified for street overlay improvements. Figure 1, located in Appendix C, illustrates the project location. These frontage roads were originally constructed in 1959 as part of the development of Cedar Grove Additions No. 1 and 2. They were reconstructed to their current urban design in 1983 when Diffley Road (County Road 30) was widened from 2 to 4 lanes. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed at every 5 to 7 years, again at 12 to 14 years with a bituminous overlay at approximately 20 years. Overlaying this roadway which is presently at the 20 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the pavement. /D 9 Typical Street Condition, Diffley Frontage Roads The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) in the project area and determined the system is in good working order and that no major repairs are necessary. Scope This project provides for resurfacing (full width mill and overlay) approximately 0.45 miles of roadway. Figure 2, located in Appendix C, illustrate the project area. Also included in this project are replacement of the damaged curb and gutter, sanitary/storm sewer utility casting adjustments, and water gate valve adjustments. //o' Feasibility and Recommendations This project is necessary to prevent further decay of the pavement section, create a safer driving surface, increase rideability and add structural strength. This project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of these streets. This project is feasible from an engineering standpoint in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the schedule as outlined in the Pavement Management Program. This improvement can best be carried out in combination with other similar projects in the area in the 2004 construction season. Similar street improvement projects for the 2003 construction season have been completed or are under contract for construction. For Council consideration and comparison, schedules and cost estimates providing for construction in both the fall of 2003, as a "stand alone" project, and the summer of 2004, combined into a larger contract with other scheduled street overlay projects, are provided in this report. Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PC)7 ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI Recommended Improvement 56 - 100 RoutineMaintenance/CrackSeal/Seal Coat 36 - 55 Patch/Repair and/or Overlay 0 - 35 Reconstruct The 2002 PCI ranking for Diffley Frontage Roads discussed in this report has a weighted average pavement condition rating of 45 which falls within the rankings of the "Patch/Repair and/or Overlay" category (resurfacing). /// < Proposed Improvements The proposed street improvements aze shown in Figure 3. The existing street section consists of a 3" bituminous surface supported by a 6" gravel base. The entire width of existing bituminous surface will be milled to accommodate a 1%-inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for a residential street. The overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. /~a, Milling on a recent overlay project in Eagan Damaged curb and gutter will be replaced if severely cracked, spalled or settled. It is estimated that approximately 7% (350 feet) of the existing concrete curb and gutter will have to be replaced. Boulevard sod will be removed and replaced, by a 2' wide roll, behind each section of curb and gutter that is replaced. While the contractor who performs the work is responsible for its establishment in the first 30 days after placement, adjacent residents are encouraged to consistently water the new sod to help ensure its growth. (See photo below) Traffic control and street identification signage will be replaced if the reflectivity has diminished or supports posts have deteriorated, or if the signs or posts no longer meet City standards. .~ ~' ~, Sd ~ a~~. n ~,f; M- ~~.k ., a:: ~ i ~~ ,. - ..,~ "v~+ ;,~ r ~~ ,~' ~, ., ~: ~. > ,.` 1 n ,~ ~ f~~ `~'' ~ h ~ F ~~ a ~~ a its ~ ~ Y, . _ ~„ -~ "~ ~ .,~ ~"~%xNa'"~*~';: ~n~ fie„ •r ~ns~.~ ~" y/r!M-' .'...ter '~' 1 ,,, ~4`',,., - -q., ~c ~ , , ~ ~ '" ~: m 4' „c K}.yam. :, ~ F T d~1 '` ~ i-z J t ~~ ~'•` r a `~ ~.. x r -~.. ~r a 7..< J .K ,- ? ~'• '~.-^*~ ? ~k ~,~-~`„i .~, n "~ (.'7 ~... 1 7 •J. )~ L `di 2. ~ k y`., r~Y I IC ~J~ ~ ~ ~F ~ ~+ ..y "'': '1 ^~` ~Cw ~ 7Y~ ~ ~ y` r~~~ S "4~[ - - ~ ~~ryJ ~s~ ..~a ~ r.Ttr~}, .F~' y -~ ,~~"~~ = a~.~ 'AMY '~', ~~ - s~ {.~`~. r.vs ~ ~.~~ ~fi , x, '~ .} a~~ Recently completed overlay project-with utility structure adjustments Easement/Permits All work will be in the public right-of--way. No additional easements will be necessary. While these streets are maintained by the City, they are located within Dakota County right-of- way. A permit to work within Dakota County right-of--way will need to be acquired with this project. //3 Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated construction costs and include 5% contingency and indirect costs of 30%, which include legal, administration, engineering, and bond interest. If the project proceeds in 2003 as a stand-alone project, costs are estimated to be a approximately 10% higher than if combined with other similar projects in 2004. A summary of the costs for both 2003 and 2004 are as follows: 2003 -Stand Alone Proiect • Full Width Mil] and Overlay .....................................$34,070 • Repair Existing Concrete Curb & Gutter .................. 16 070 Total .............. $ 5 0,140 2004 - In Combination With Other Proiects • Full Width Mill and Overlay .....................................$31,120 • Repair Existing Concrete Curb & Gutter ..................$14,440 Total .............. $45,560 /~~ Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for resurfacing improvement for local streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Mill and Overlay • Low Density Residential (R-1) 50% 50% Repair Existing Concrete Curb and Gutter 0% 100% Low Density Residential Lots (R-1) All residential equivalent properties (29 Single-Family) as shown on Figure 2, having driveway access on to the streets to be improved are proposed to be assessed. The City's Assessment Policy states that 50% of the mill/ overlay and street sign replacement costs are assessable. 2003 -Stand Alone Proiect -The estimated cost per residential lot to be assessed based on the City Assessment Policy is $587/lot and is calculated as follows: 1) [$34,070 (Mill & Overlay Cost) x 50%] _ $17,035 (Total Residential Assessment) 2) $17,035 (Total Residential Assessment) -~ $587/lot 29 Residential Lots 2004 - In Combination With Other Proiects -The estimated cost per residential lot to be assessed based on the City Assessment Policy is $537/lot and is calculated as follows: 1) [$31,120 (Mill & Overlay Cost) x 50%] _ $15,560 (Total Residential Assessment) 2) $15,560 (Total Residential Assessment) ~ $537/lot 29 Residential Lots Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest determined by the results of the bond sale used to finance the improvements. The f/S g following payment schedule will result for asingle-family home based on an estimated 5.5% interest for the assessed amounts: 2003 -Stand Alone Proiect Single Family Residential Lot = $587 Principal Interest Cost Per Year Per Year Per Year ls` Year $117 $32 $149 5~' Year $117 $6 $123 2004 - In Combination With Other Proiects Single Family Residential Lot = $537 Principal Interest Cost Per Year Per Year Per Year ls` Year $107 $29 $136 5`h Year $107 $6 $113 //G Revenue Source A summary of revenue sources is listed below: 2003 -Stand Alone Project Project Property City Cost Assessment Contribution Mill and Overlay $34,070 $17,035 ($17,035) Repair Existing Curb $16,070 -0- ($16,070) Total $50,140 $17,035 ($33,105) The City's Major Street Fund will finance the estimated project deficit of $33,105 (66% of total). 2004 - In Combination With Other Proiects Project Property City Cost Assessment Contribution Mill and Overlay $31,120 $15,560 ($15,560) Repair Existing Curb $14 440 -0- ($14,440) Total $45,560 $15,560 ($30,000) The City's Major Street Fund will finance the estimated project deficit of $30,000 (65.9% of total). // ~ Project Schedule - 2003 Construction Present Feasibility Report to City CounciU Order Public Hearing .............................................................August 4, 2003 Neighborhood Meeting .............................................................................. August 26, 2003 Public Hearing .................................................................................... September 2, 2003 Approve Plans and Specifications ........................................................ September 16, 2003 Award Contract ...........................................................................................October, 2003 Project Completion ..................................................................................November, 2003 Final Cost Report ........................................................................Spring, 2004 Final Assessment Hearing ................................................................................ Spring, 2004 First Payment Due with Property Tax Statement ....................................May 1 S, 2005 Project Schedule - 2004 Construction Present Feasibility Report to City Council/ Order Public Hearing ............................................................. August 4, 2003 Neighborhood Meeting .............................................................................. August 26, 2003 Public Hearing .................................................................................... September 2, 2003 Approve Plans and Specifications .................................................................. January, 2004 Award Contract ......................................................................................... February, 2004 Project Completion ........................................................................................... June, 2004 Final Cost Report .....................................................................Summer, 2004 Final Assessment Hearing .................................................................................... Fall, 2004 First Payment Due with Property Tax Statement ....................................May 1 S, 2005 /rs' Appendix A Preliminary Cost Estimate Diffley Frontage Roads Street Overlay -City Project No. 893 2003 Construction Bituminous Street Overlay Item Unit Est. Q Unit Price Est. Cost Mobilization L.S. 1 $2,000.00 $2,000.00 Mill Bituminous Pavement S.Y. 4,510 $1.00 $4,510.00 T e 41 Wear Course Mixture Ton 400 $37.00 $14,800.00 Bituminous Material for Tack Coat Gal. 230 $1.50 $345.00 Ad'ust Valve Box Each 2 $150.00 $300.00 Ad'ust Frame &Rin Castin (Manhole Each 3 $250.00 $750.00 Re lace Frame &Rin Castin (Manhole) Each 3 $400.00 $1200.00 Traffic Control L.S. 1 $500.00 $500.00 Re lace Street & Traffic Si s L.S. 1 $550.00 $550.00 Subtotal $24,955.00 + 5%Contin encies $1,250.00 Subtotal $26,205.00 + 30% Indirect Costs $7,860.00 TOTAL $34,070.00 Repair Existing Concrete Curb & Gutter Item Unit Est. Q Unit Price Est. Cost Remove Concrete Curb and Gutter L.F. 350 $5.00 $1,750.00 B618 Concrete Curb and Gutter L.F. 350 $16.00 $5,600.00 Ad'ust Catch Basin Each 6 $250.00 $1,500.00 Sod w/To soil S.Y. 80 $6.50 $520.00 Bituminous for Street Patchin Ton 30 $80.00 $2,400.00 Subtotal $11,770.00 + 5%Contin encies $590.00 Subtotal $12,360.00 + 30% Indirect Costs $3,710.00 TOTAL $16,070.00 TOTAL 2003 PROJECT COST S~O~l4 // 9 2004 Construction Bituminous Street Overlay Item Unit Est. Unit Price Est. Cost Mobilization L.S. 1 $1,800.00 $1,800.00 Mill Bituminous Pavement S.Y. 4,510 $0.90 $4,060.00 T e 41 Wear Course Mixture Ton 400 $34.00 $13,600.00 Bituminous Material for Tack Coat Gal. 230 $1.35 $310.00 Ad'ust Valve Box Each 2 $135.00 $270.00 Ad'ust Frame & 1Zin Castin (Manhole Each 3 $225.00 $675.00 Re lace Frame & Rin Castin (Manhole Each 3 $360.00 $1,080.00 Traffic Control L.S. 1 $450.00 $450.00 Re lace Streed Traffic Si s L.S. 1 $550.00 $550.00 Subtotal $22,795.00 + 5% Contingencies $1,140.00 Subtotal $23,935.00 + 30% Indirect Costs $7,185.00 TOTAL $31,120.00 Repair Existing Concrete Curb & Gutter Item Unit Est. Q Unit Price Est. Cost Remove Concrete Curb and Gutter L.F. 350 $4.50 $1,575.00 B618 Concrete Curb and Gutter L.F. 350 $14.50 $5,075.00 Ad'ust Catch Basin Each 6 $225.00 $1,350.00 Sod w/To soil S.Y. 80 $6.00 $480.00 Bituminous for Street Patchin Ton 30 $70.00 $2,100.00 Subtotal $10,580.00 + 5% Contin encies $530.00 Subtotal $11,110.00 + 30% Indirect Costs $3,330.00 TOTAL $14,440.00 TOTAL 2004 PROJECT COST S4 /ao Appendix B Preliminary Assessment Roll Diffley Frontage Roads Street Overlay -City Project No. 893 I. 2003 Construction -Stand Alone Project Parcel (R-1 Low Density) P.I.N. Lot E uivalent Unit Assessment Total Cedar Grove No. 1 Addition Block 11 1995 Diffle Road 10-16700-120-11 1 $587 $587 1999 Diffle Road 10-16700-130-11 1 $587 $587 2003 Diffle Road 10-16700-140-11 1 $587 $587 2007 Diffle Road 10-16700-150-11 1 $587 $587 2011 Diffle Road 10-16700-160-11 1 $587 $587 2015 Diffle Road 10-16700-170-11 1 $587 $587 2019 Diffle Road 10-16700-180-11 1 $587 $587 2025 Diffle Road 10-16700-190-11 1 $587 $587 2029 Diffley Road 10-16700-200-11 1 $587 $587 2035 Diffle Road 10-16700-210-11 1 $587 $587 Subtotals 10 Cedar Grove No. 2 Addition Block 1 1996 Diffley Road 10-16701-010-01 1 $587 $587 2002 Diffle Road 10-16701-020-01 1 $587 $587 2008 Diffle Road 10-16701-030-01 1 $587 $587 2014 Diffle Road 10-16701-040-01 1 $587 $587 2018 Diffle Road 10-16701-050-01 1 $587 $587 2022 Diffley Road 10-16701-060-01 1 $587 $587 Subtotals 6 /a/ Parcel P.I.N. Lot E uivalent Unit Assessment Total Cedar Grove No. 2 Addition Block 4 2036 Diffle Road 10-16701-010-04 1 $587 $587 2042 Diffley Road 10-16701-020-04 1 $587 $587 2046 Diffle Road 10-16701-030-04 1 $587 $587 2050 Diffle Road 10-16701-040-04 1 $587 $587 2054 Diffle Road 10-16701-050-04 I $587 $587 2058 Diffle Road 10-16701-060-04 1 $587 $587 2062 Diffle Road 10-16701-070-04 1 $587 $587 2066 Diffley Road 10-16701-080-04 1 $587 $587 2070 Diffle Road 10-16701-090-04 1 $587 $587 2074 Diffle Road 10-16701-100-04 1 $587 $587 2078 Diffle Road 10-16701-110-04 1 $587 $587 2082 Diffley Road 10-16701-120-04 1 $587 $587 2090 Diffle Road 10-16701-130-04 1 $587 $587 Subtotals 13 Grand Totals 29 $17,035 I. 2004 Construction - In Combination with Other Projects Parcel (R-1 Low Density) P.I.N. Lot E uivalent Unit Assessment Total Cedar Grove No. 1 Addition Block 11 1995 Diffle Road 10-16700-120-11 1 $537 $537 1999 Diffley Road 10-16700-130-11 1 $537 $537 2003 Diffle Road 10-16700-140-11 1 $537 $537 2007 Diffle Road 10-16700-150-11 1 $537 $537 2011 Diffley Road 10-16700-160-11 1 $537 $537 2015 Diffle Road 10-16700-170-11 1 $537 $537 2019 Diffle Road 10-16700-180-11 1 $537 $537 2025 Diffle Road 10-16700-190-11 1 $537 $537 2029 Diffle Road 10-16700-200-11 1 $537 $537 2035 Diffle Road 10-16700-210-11 1 $537 $537 Subtotals 10 /a 2 Cedar Grove No. 2 Addition Block 1 1996 Diffle Road 10-16701-010-01 1 $537 $537 2002 Diffle Road 10-16701-020-01 1 $537 $537 2008 Diffley Road 10-16701-030-01 1 $537 $537 2014 Diffle Road 10-16701-040-01 1 $537 $537 2018 Diffle Road 10-16701-050-01 1 $537 $537 2022 Diffle Road 10-16701-060-01 1 $537 $537 Subtotals 6 Parcel P.I.N. Lot E uivalent Unit Assessment Total Cedar Grove No. 2 Addition Block 4 2036 Diffle Road 10-16701-010-04 1 $537 $537 2042 Diffle Road 10-16701-020-04 1 $537 $537 2046 Diffle Road 10-16701-030-04 1 $537 $537 2050 Diffle Road 10-16701-040-04 1 $537 $537 2054 Diffle Road 10-16701-050-04 1 $537 $537 2058 Diffle Road 10-16701-060-04 1 $537 $537 2062 Diffle Road 10-16701-070-04 1 $537 $537 2066 Diffle Road 10-16701-080-04 1 $537 $537 2070 Diffle Road 10-16701-090-04 1 $537 $537 2074 Diffle Road 10-16701-100-04 1 $537 $537 2078 Diffley Road 10-16701-110-04 1 $537 $537 2082 Diffle Road 10-16701-120-04 1 $537 $537 2090 Diffle Road 10-16701-130-04 1 $537 $537 Subtotals 13 Grand Totals 29 $15,560 ~a3 \~ ~~/. ~~ ~ ~~~ ~~ G~ u >1LL Project Area u ~~ a~ J I r N I ~ I ~I ~u ~ - ~ i; ~ ~~ n~~uu~ W ~r w Q 30 1~JI~1~uuuua~l City of Eagan Diffley Frontage Road Improvements Project 89 .^ , ation Plan ~~ Fig. 1 %~ ~a~ J a`d0?~ NHb2i Z J Z O U N -~a zddol 0 Q 0 W J LL LL N ~' W U 41 0 Z W J a~ Q O _~ N N N N Q C N N CQ C r N Q Z CW G W M C~ ~ ~ ~ Q ~U p W QO O~ ~ a W C~ Q I- Z O ~. J LL ~_ ~~. ' N `p 6 ~ ~ r• _ O 6 '~ U •~{Q aNOWdla MILL 1 ~/.4' OVER ENTIRE WIDTH 20' (F-F) DIFFLEY NEW 1 ~/z' BITUMINOUS OVERLAY ROAD EXIST. i' BITUMINOUS WEAR 2' BITUMINOUS BASE 6" CI. 5 AGGRE. BASE Bituminous Street Overlay Typical Section G: FeasibilityReports2003/893/Fig3 /~6 July 15, 2003 DIFFLEY FRONTAGE ROADS Fig TYPICAL SECTION Citv of Eagan STREET IMPROVEMENTS -PROJECT 856 3 CITY PROJECT NO 893 INFORMATIONAL NEIGHBORHOOD MEETING DIFFLEY FRONTAGE ROADS STREET IMPROVEMENTS TUESDAY, AUGUST 26, 2003 7:00 P.M. CONFERENCE ROOM lA Attendance: John Gorder, Assistant City Engineer;. 1 person representing 1 property (see attached sign-in sheet). A. Presentation of Project Details • Gorder welcomed the resident and provided a brief project presentation, including details such as construction, costs, schedule and assessments. B. Comments • It would make sense to wait until 2004 with the project, rather than doing it this year and letting the salt and snow from Diffley Road this winter hurt the new blacktop. The meeting adjourned at 7:15 p.m. F:\GROUP\ENGINEER\Russ Matthys\'03\Misc\Minutes - diffley frontage.doc /d 7 NEIGHBORHOOD MEETING DIFFLEY FRONTAGE ROAD IMPROVEMENTS PROJECT 894 TUESDAY, AUGUST 26 , 2003 - 7:00 P.M. NAME ADDRESS ,, 1. ~%~%,. ~ _ ~ ~~. ~ t ~~ Wiz, ~; "~~ ~ ~ .~ ~~-t . 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G:FORMS/S tGN-IN. Sheet /ag AUG 2 U 2003 J ~H~~ ~~ GINS RING DE~~RT~IENT ~ ~ ~ ~ 3 - -- --- _ ~- __ __ _ __. ;h , ~~ /~J/ /,, r .~ ~~ a ~h ~a~ ,~ 1 s~ ~ (}// i ~~ __ -~z- ~~~ G ~~ ~ -~--~ L~ i -!' ., {`~ _'., ~ ~ ,~ ti its A d w ~ ~, - - ----- ----- ~f~ f.; ,. ~ .. ..., d ... J .. .. `~~ a G~~~ _ ~-*-~-c~ 2 __ __ _ _ _ - _ __ _ ___ ___ _ __ ~~~,~--~ - _ _ _ -- -----_ ._ __I ~.~ --_______ ~ a a_ S'..~ ~ .~~-- ~e .may C~~ ~P~k•e ~ ~ ~ / . Agenda Information Memo September 2, 2003, Eagan City Council VI. OLD BUSINESS A. PLANNED DEVELOPMENT AMENDMENT -SAM'S WEST, INC. ACTION TO BE CONSIDERED: To approve (OR to deny) a Planned Development Amendment to allow motor fuel sales on Lot 3, Block 1, Eagandale Center Industrial Park No. 9, subject to the conditions listed in the APC minutes and revised plans dated August 25, 2003. FACTS: • The site is zoned Planned Development and the main store was constructed in 2001. • The motor fueling facility is proposed to be located in the northwest corner of the site on an area approximately one acre in size. • The fueling station is designed so that vehicles may enter any lane of pumps directly from the parking lot drive. Circulation through the fueling station is one-way. Six pump islands are proposed, providing fueling for 12 vehicles at once. Additional parking is not required. • Exterior building materials consist of split face concrete masonry unit, brick and stucco to match the principal building. • This item was continued from previous Council meetings at the applicant's request to allow them time to address the issues raised during the public hearing regarding green space, lighting, landscaping and signage. • The APC held a public hearing on July 22, 2003, and recommended approval of the Planned Development Amendment, subject to conditions in the APC minutes, adding a condition that green space on the site not be reduced from the existing 29.6%. • Revised plans have been submitted and reviewed by staff: 0 116 parking stalls on the west and south perimeter of the site are proposed to be removed to provide no net loss of green space with the addition of the motor fuel facility (green space will remain at 29.6%). This results in a total of 517 parking stalls on site, City Code requires 488 stalls, so the reduced parking amount should be acceptable. o Canopy lighting has been revised, a different flat lens fixture is proposed and lighting levels drop to less than one footcandle within the property lines. Maximum light levels under the canopy are 58 footcandles at operational levels, and 21 footcandles at nonoperational levels. o Signage is now proposed only on the south and east elevations of the canopy, and has been removed from the fuel pumps. o The landscape plan has been revised to add more trees, and substitute other shrub species for some of the spirea. 60-DAY STATUS: • Deadline is October 5, 2003 (extended by 30 days from September 5, 2003 by applicant). 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Q W UZ~yM~ ~ ~ C U ~ ~ Y I ' j -~ , u ~ 6 i 7 : e W ' o F g %$ e ~ A .. _. l i ~ Y Y ~ ~ A ~ U ]` f F ~ ~ ~ § : NV ~ ~~ r. - I ' `~` `\. Y C 6 i : 8 ~ ~ ~ ~ E `~ ~~ s3 _ ~ ~ ,_ ~ ' i o- .p~s 2~9~ ~` ~\ ~~. .,~ r T i : I i ! ~ I i : `"~ ~~ Irf"r 'F %al~~ r t _~~ u~ i m ~ -~ '~~ I ~ I ~ ~ R` r -Ft~ 1~~1~ i ~ a- f W~.~a 6 ~... f 4 ~r J I v .tt +~[ L ~ t- ff'' ~J ~~ Y-'Trtflt - /~ yF~i... i~~•-., 1-•x '?^ ~ - I ~. t ~ ~ F ~" t . +. ~~z-~~j--, ~ ~ it r-, r ~ ' I ~:tr ~:Y ~' ' ~f .: i I_ r t~i., .~_ay~ rig ~j ~ aJ„ (° I 'j e ' i o= f ,- 3 ' ~ r srF ~ ~ f I .I 4 . • ~ .. 1 : ,~ . ~\_________ 1,. • {~y2fN !l'OZZ 3.B1,SLOON City of Eagan Advisory Planning Commission Meeting Minutes ~; = ', w _ ~;~ .. ... K., July 22, 2003 ~~° ~ ~. ~~-. Page 6 C. PLANNED DEVELOPMENT AMENDMENT -SAM'S WEST INC. A Planned Development Amendment to allow motor fuel sales on Lot 3, Block 1, Eagandale Center Industrial Park No. 9, located at 3035 Denmark Avenue in the NE %< of Section 10. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated July 17, 2003. She noted the background and history. Applicant Darcy Winter stated they are in agreement with all the conditions presented the Staff report. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Chair Heyl asked if they could have less of a decrease in green space. Member Gladhill suggested that the parking be reduced to the required amount to increase the percentage of green space. Planner Dudziak stated the proposal has more parking than what city code currently requires. She further explained that the city code has been amended since the initial development of Sam's Club, and parking requirements for large retailers have been reduced. Ms. Winter displayed an area on the landscaping plans where a curb line could be extended to add green space. Member Gladhill stated the entire site, not just the fueling station area, could be modified to achieve the desired greenspace percentage. He stated concern for the traffic and asked if it would increase with the additional gas pumps. Senior Planner Ridley stated staff believes that most customers using the gas pumps will be customers that are already visiting the store. Ms. Winter stated the average customer goes to Sam's Club once to twice a week, therefore the gas station customers would be regular Sam's Club customers. Member Leeder stated he would like to see the green space increased and the gas station in place. Chair Heyl suggested adding a condition number 10 that requires the g reenspace to remain at a minimum of 29.6 percent. Member Bendt moved, Member Leeder seconded a motion to recommend approval of a Planned Development Amendment to allow motor fuel sales on Lot 3, Block 1, /3 ~ City of Eagan _ Advisory Planning Commission Meeting Minutes July 22, 2003 Page 7 Eagandale Center Industrial Park No. 9, located at 3035 Denmark Avenue in the NE '/< of Section 10 subject to the following conditions as amended: An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. Other then motor fuel, no goods or services shall be sold at the motor fuel facility. 3. The final site lighting plan shall show site lighting for the entire area of the motor fuel facility, including any additional free standing or building mounted fixtures. Any new free-standing or building mounted fixtures shall match existing lighting on the site. Site lighting shall not exceed one footcandle at the property line, and shall be shielded and downcast so the source of light is not visible from off the property. 4. The motor fuel facility shall operate between the hours of 6:00 a.m. and 9:00 p.m. only. 5. A revised landscape plan shall be submitted to City staff for approval and for incorporation into the Planned Development Amendment Agreement. The revised landscape plan shall provide an alternative shrub material to some of the spirea and incorporate more trees into the landscape on the north side to provide a more substantial buffer between the fueling facility and the Homestead Village Hotel to the north. The final landscape plan shall include contour lines and be signed by a registered landscape architect or certified nurseryperson. 6. The proposed motor fueling facility shall be constructed of rockface block, brick and stucco materials to match the existing building and shall be consistent with the elevations shown on the plans dated January 6, 2003. 7. Canopy signage is allowed on two elevations only. The elevation/signage plans shall be revised to show signage on two elevations only, and be submitted to City staff for approval and for incorporation into the Planned Development Amendment Agreement. 8. Advertising and name signage shall not be allowed on the fuel pumps or pump islands. 9. This Amendment is intended to supplement and amend the existing Planned Development Agreement. All other conditions and provisions of the existing Planned Development Agreement shall remain in full force and effect. 10. Greenspace must be maintained at a minimum of 29.6 percent. All voted in favor. /3S PLANNING REPORT CITY OF EAGAN REPORT DATE: July 17, 2003 APPLICANT: Sam's West, Inc. PROPERTY OWNER: Sam's West, Inc. REQUEST: Planned Development Amendment CASE: 10-PA-10-06-03 HEARING DATE: July 22, 2003 APPLICATION DATE: July 7, 2003 PREPARED BY: Pamela Dudziak LOCATION: 3035 Denmark Avenue COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST Sam's West is requesting approval of a Planned Development Amendment to allow the addition of motor fuel sales on property located at 3035 Denmark Avenue, south of Lone Oak Road and east of I-35E in the NE %4 of Section 10. AUTHORITY FOR REVIEW Chapter 11, Section 11.40, Subdivision 5 states, in part The provisions of this chapter maybe amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote oftwo-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY In 1987, a Planned Development was approved for Eagandale Center Industrial Park No. 9 that designated this lot for ahealth/fitness club or office/industrial use. By 2000, development on the surrounding lots had proceeded, with most of those initial uses being amended to include hotels, office, a restaurant and anoffice/showroom building. In 2000, the City approved an amendment to the Comprehensive Land Use Guide Plan changing the land use designation from Limited Industrial to Commercial Planned Development to accommodate the proposed Sam's Club retail use. With the adoption in 2001 of a City-wide update to the Comprehensive Guide Plan, the /~36 Planning Report -Sam's West, Inc. July 22, 2003 Page 2 property was designated RC, Retail Commercial. The building was constructed in 2001, and in May of that year, an amendment to the initial Sam's Club Planned Development was approved to allow the addition of a liquor store to the building. A deviation from the minimum number of parking stalls was granted as part of the Planned Development. At the time of initial development, the plans showed the area on the north end of the site as proof of fixture parking. In June 2002, once the building had been open for several months and no need for additional parking had been demonstrated, the City agreed to release Sam's from the proof of parking obligation. EXISTING CONDITIONS The site is developed with a 137,400 sq. ft. Sam's Club store, which includes off-sale liquor. The building is located on the south end of the property. Access to the site is provided from Denmark Avenue, opposite Clubview Drive. A drainage pond is located in the northeast corner of the site. The open area on the north end of the site consists of approximately one acre, and is the location proposed for the motor fuel sales addition. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zonin Land Use Desi nation North Homestead Villa e PD, Planned Develo ment BP, Business Park South Vacant .S. Postal Service I-1, Limited Industrial IND, Limited Industrial East Southeast Tech Center office) PD, Planned Develo ment BP, Business Park West I-35E EVALUATION OF REQUEST Description ofProposal -Sam's .West is proposing to add afree-standing gas fueling facility to their property at 3035 Denmark Avenue. According to the applicant, the facility will "provide an additional service and meet the needs of Sam's Club members. This gas facility is fuel only, no maintenance, no convenience items and payment is by credit cards only. There is no cash transaction occurring. There is an attendant present to assist customers, but not to pump any fuel or sell any goods or services." Site Plan -The site plan shows the motor fizeling station at the north end of the site. Access to the development will be through the existing driveway on Denmark Avenue and the existing service drive within the Sam's Club parking lot. The fueling station is designed so that vehicles may enter any lane of pumps directly from the parking lot drive. Circulation through the fizeling station is one-way. Six pump islands are proposed, providing fizeling for 12 vehicles at once. /3~ Planning Report -Sam's West, Inc. July 22, 2003 Page 3 The site plan shows that green space would be reduced from 29.6% to 26.4% with construction of the fueling facility. The City Code requires a minimum of 30% green space in commercial zoning districts. Storm Drainage -Storm water runoff from the development will drain via an existing private storm sewer system within the Sam's Club site. Utilities -Sanitary sewer and water main service is available for the development from existing service lines to the Sam's Club building. Parkin -There are currently 633 parking stalls provided to serve the 137,400 sq. ft. store. This exceeds the number of stalls required by the zoning ordinance. Since the proposed motor fueling station does not provide additional retail space on the property, additional parking is not required. The plans provide parking at the pump islands and individual stacking lanes for each set of pumps within the motor fuel facility area. Lighting -Alighting plan was submitted showing light fixtures and both operational and non- operational light levels beneath the canopy. The proposed canopy fixture has a flat lens and 370 watt bulb. Operational light levels range from 20.5 to 55.7 footcandles, with an average of 43.5 footcandles. Non-operational light levels range from 0.3 to 22.6 footcandles, with an average of 7.9 footcandles. The non-operational lighting is what would remain on for security purposes when the fueling facility is closed. With the flat lens fixtures and downcast lighting, the lighting should not spill off the property or create glare onto adjacent property or public rights-of--way. The elevation of the properties should also help prevent glare problems since the adjacent property (Homestead Village) is at a higher elevation than the motor fueling facility, and occupants would be looking down rather than across at the fueling station. The lighting plan did not show other site lighting around the canopy, building and drive areas of the motor fuel facility. It is not known whether additional free standing or building mounted fixtures are planned. The final site lighting plan should provide site lighting for the entire area of the motor fuel facility. Any new free-standing or building mounted fixtures should match existing lighting on the site. Site lighting should not exceed one footcandle at the property line, and should be shielded and downcast so the source of light is not visible from off the property. Hours of Operation -Sam's is proposing the motor fuel facility to be operational between 6:00 a.m. and 9:00 p.m. This would roughly coincide with the store hours. Regular store hours are: Monday -Friday 10:00 a.m. to 8:30 p.m. (7:00 a.m. to 10:00 a.m. for business members only) Saturday 9:30 a.m. to 8:30 p.m.(7:00 a.m. to 10:00 a.m. for business members only) Sunday 10:00 a.m. to 6:00 p.m. /.3 ~ Planning Report -Sam's West, Inc. July 22, 2003 Page 4 This property would not be subject to restricted hours under the standard provisions of the City zoning ordinance. The hours of operation maybe restricted through the Planned Development, if City officials deem it appropriate. Staff suggests limiting the hours of operation to those proposed by the applicant - 6:00 a.m. to 9:00 p.m., and is open to further discussion on this matter during the APC meeting. Landscanin~ -The site was landscaped with the Sam's Club development in 2001. Additional landscaping is proposed north and west of the motor fuel facility. Staff suggests utilizing a different shrub material than the spirea and incorporating more trees into the landscape on the north side to provide a more substantial buffer between the fueling facility and the Homestead Village Hotel to the north. While the use of some spirea maybe appropriate, the existing plan overuses this one plant. Alternative shrub species that would grow 3-4 feet in height, and be hardy for the site conditions (salt, snow storage, etc.) should replace some of the spirea. On the north side of the property, planting of more tall plant materials will provide a better buffer between properties. The plan currently shows mostly shrub materials, with two small groupings of upright junipers, but only two shade trees are proposed -one at each corner of the fueling facility. A revised landscape plan should be submitted for incorporation-into the Planned Development Amendment Agreement. In addition to the modifications mentioned above, the revised landscape plan should include contour lines and be signed by a registered landscape architect or certified nurseryperson. Elevations -The building elevation plans are acceptable. Exterior materials consist of split face concrete masonry unit, brick and stucco to match the principal building. These materials are also utilized on the canopy, with split face block and brick supports and a stucco canopy. Si rgriage - Signage is proposed on all four corners of the canopy. No new pylon sign is proposed, and no signage is proposed on the service building. The elevation plans show a "Sam's Club" sign on the front of each pump. The pump signage is not consistent with the City sign ordinance, which allows signage only on buildings. Likewise, the sign ordinance allows building signage on only two elevations. Therefore, the plans should be revised to provide signage on two elevations of the canopy only and eliminate the pump signage. The revised plans should be submitted to the City for incorporation into the Planned Development Amendment Agreement. SUMMARY/CONCLUSION In summary, Sam's West is requesting approval of a Planned Development Amendment to allow the addition of motor fuel sales on the Sam's Club property at 3035 Denmark Avenue. The motor fuel facility is proposed to be located on an approximately one-acre open area at the north end of the Sam's Club site. No subdivision is involved with this development. i39 Planning Report -Sam's West, Inc. July 22, 2003 Pale 5 The site appears to be of sufficient size and design to accommodate this additional use. No additional parking is necessary. Staff suggests some changes to the landscape plan and signage plan. The building materials and design appear consistent with the main store building. The site is not subject to restricted hours based on the City's zoning ordinance. Hours of operation maybe restricted through the Planned Development if City officials deem it appropriate. At this time, Sam's is proposing operational hours of 6:00 a.m. to 9:00 p.m. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow the addition of motor fuel sales on property located at 3035 Denmark Avenue, south of Lone Oak Road and east of I-35E in the NE '/4 of Section 10. If approved the following conditions shall apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. Other then motor fuel, no goods or services shall be sold at the motor fuel facility. 3. The final site lighting plan shall show site lighting for the entire area of the motor fuel facility, including any additional free standing or building mounted fixtures. Any new free-standing or building mounted fixtures shall match existing lighting on the site. Site lighting shall not exceed one footcandle at the property line, and shall be shielded and downcast so the source of light is not visible from off the property. 4. The motor fuel facility shall operate between the hours of 6:00 a.m. and 9:00 p.m. only. 5. A revised landscape plan shall be submitted to City staff for approval and for incorporation into the Planned Development Amendment Agreement. The revised landscape plan shall provide an alternative shrub material to some of the spirea and incorporate more trees into the landscape on the north side to provide a more substantial buffer between the fueling facility and the Homestead Village Hotel to the north. The final landscape plan shall include contour lines and be signed by a registered landscape architect or certified nurseryperson. 6. The proposed motor fueling facility shall be constructed of rockface block, brick and stucco materials to match the existing building and shall be consistent with the elevations shown on the plans dated January 6, 2003. 7. Canopy signage is allowed on two elevations only. The elevation/signage plans shall be revised to show signage on two elevations only, and be submitted to City staff for approval and for incorporation into the Planned Development Amendment Agreement. 8. Advertising and name signage shall not be allowed on the fuel pumps or pump islands. / yo Planning Report -Sam's West, Inc. July 22, 2003 Page 6 9. This Amendment is intended to supplement and amend the existing Planned Development Agreement. All other conditions and provisions of the existing Planned Development Agreement shall remain in full force and effect. /~f/ O Eagan Boundary Location Map ~g,~cente~'ne ParsN Area Building Footprint ~. # B S A 1~. ~ / ~;~ - le'J~F&l®AI®PPAP~.PAV ~I A / V~~ul ~~ + 8 tl f 1 '~ _ -- --~ ~ ~ Mi ~.........~..M...- `~ Ian 1000 0 1000 2000 Feet Development/Developer: Sam's Club Application: Planned Development Amendment Case No.: Case No. 10-PA-7 0-06-03 ~ N ap Prcparcd using ERSI McYww ].1. Parcel base map data provided by Dakota County Ogee tl GlS and is current as of June 100.1. W E Clt of eag~n THIS MAP IS INTENDED FOR REFERENCE USE ONLY v The ty of Eagan and Dakota County do not guanMee the accuracy of thfs information and are S Commutlty Dwtlopment Departnent not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Sam's West, inc. Land Use Map Case No. 10-PA-10-06-03 Zoning Map Current Zoning: PD Planned Development c00 • c110 1500 F..t I-1 1-1 I-, T NB pD ~, PD _,. 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J ~ ~~ _ ~c ; Z Ii O T}O ?w O Z Q fn LIl U (n N (n O N U __. :~@. . ,o-.i ~F CITY OF EAGAN PLANNED DEVELOPMENT AMENDMENT REQUEST SAM'S Club Fueling Station Narrative Site Location: The proposed Planned Development Amendment is for the approximately 15.02 acres located immediately east of the I-35E, south of Lone Oak Road, north of Home Depot, and west of Hampton Drive. The actual location of the proposed Sam's club Fueling Station is in the north west comer of Lot 3, Block 1, Eagandale Center Industrial Park No. 9. Legal Description: Lot 3, Block 1, Eagandale Center Industrial Park No. 9, according to the recorded plat thereof, Dakota County, Minnesota. PID: 10-22508-030-01 Proposal: This application is for a Planned Development Amendment to allow for a free standing gas fueling facility to provide an additional service and meet the needs of SAM'S Club members. This gas facility is fuel only, no maintenance, no convenience items, and in fact, is run on credit cards only. There is no cash transaction occurring. There is an attendant available to assist customers, but not to pump any fuel or sell any goods or services. The fuel station is proposed to be in the north west corner of the lot, on an areas that has not been planned under the Planned Development for parking or any other use. The parking does not change from its existing condition following. the proposed development of the fueling station. Parking on site is currently 5.28/1000 s.f. including proof of parking, and that does not change with this proposal. The existing property (see Site Dimension Plan byMFRA Sheet 3/12 F revision date 6-11-01 and C-1 Overall Site Plan dated OS-15-03 attached hereto). SAM'S Club is the nation's leading members-only warehouse club with locations across the country. When a business purchases a membership, SAM'S Club operates as its supplier ofname-brand merchandise at warehouse prices for office use, resale to customers, or for personal use. SAM'S Club Planned Development Amendment June 17, 2003 /SAii To meet the needs of its business members SAM'S Club limits its merchandise mix to 3,500 items local businesses most use. This includes a complete line of food products, including bakery, meats, and frozen foods; janitorial products; tires, batteries and battery sales and installation and auto supplies; small business equipment and hardware; candy and snack items; offices supplies, computers, and equipment, and other services including travel services, custom banners, off-sale liquor, and a free standing gas fueling facility. SAM'S has chosen this merchandise mix in its pursuit of providing the best goods and services at the lowest prices to its business customers. Due to its merchandise mix and clientele, SAM'S has approximately 25% less daily and peak automobile traffic than a typical discount retailer of its size. Project Timing /Phasing: The plan for this project would be construction summer/fall, 2003 for opening falUwinter 2003 Surrounding Land Uses: The following existing uses surround the site: North -Homestead Village (weekly studio units) Northeast - Microtel Inn Suites and Office/Warehouse East - US Post Office (Minneapolis - St. Paul Bulk Mail Center) South -undeveloped West - I-35E Impact on Surrounding Properties/Land Use: The surrounding uses are similar with those adjoining other SAM'S Club fueling stations in other Twin City and national locations. The focus of SAM'S Club on business clientele suggests that this location is compatible with the surrounding properties industrial and commercial uses. We will provide a lighting plan showing the downcast nature of the lighting for the fueling station and allaying any concern regarding that issue. SAM'S Club Planned Development Amendment June 17, 2003 /"~ ~ ~.~ ~. Impact on the Subject Property: The additional offering of a fuel station at this location will enhance SAM'S Club. As noted earlier, SAM'S Club wishes to provide a whole complement of services to its membership and this is a service that it can provide operationally, but is lacking at this Club. There is not a request for subdivision here. SAM'S Club is comfortable with approval only for SAM'S Club to operate this fueling station, it would nat be a leased or sold gas facility, but rather part and parcel of the existing SAM'S Club store. In addition the plan does not reduce any parking or make any operational changes to the existing SAM'S Club, except for the enhancement of the service provided. Impact on City Services: 1. Sanitary Sewer and Water: the fuel station is proposed to be connected to the existing public utility lines (see sheet C1) 2. Stormwater runoff: stormwater runoff will be similar to that proposed with the fitness/health center first proposed due to the fact that the proposed hard cover will be the same if this fuel station is developed. 3. Roads: Based on information published to the Institute of Traffic Engineers, a 140,000 sf SAM'S Club is expected to generate 5,434 trips in a 24-Hour Trip Rate and 618 Weekday P.M. Peak Hour Trips. In comparison, the originally proposed 170,000 sf health/fitness center which was the original plan for the PD, according to the Institute of Traffic Engineers, was expected to generate a Weekday P.M. Peak Hour Trip Rate of 731 vehicles (4.3 trips / 1,000 sf). SAM'S Club Planned Development Amendment June 17, 2003 /Sf«' Does the Requested Land Use Proposed result in a Better Use of the Land: We believe that it does, providing a complement of services without impacting the site. We believe this is an underutilized portion of the site and that we can mitigate any potential concerns through management of the operation. Civil Engineer: CEI Engineering Associates, Inc. 3317 Southwest "I" Street Bentonville, Arkansas 72712 Phone (479) 273-9472 Fax (479) 273-0844 Attn: Paul Lo Architect: Harrison French Architecture 809 S.W. "A" Street, Suite 201 Bentonville, Arkansas 72712 Phone (479) 273-7780 Fax: (479) 273-9436 Consultant: D.E. Winter & Associates, Inc. 3109 West 50th St., #206 Minneapolis, MN 55410 Phone (612) 868-4807 Fax (952) 924-1051 Attn: Darcy Winter SAM'S Club Planned Development Amendment June 17, 2003 4 ~s~ Agenda Information Memo September 2, 2003, Eagan City Council B. PLANNED DEVELOPMENT AMENDMENT - EAGAN HOTEL GROUP, LLC (DAYS INN) ACTION TO BE CONSIDERED: To continue this item to the September 19, 2003 City Council meeting. FACTS: • This item was before the Council on August 4 and August 19, 2003. At the August 19, 2003 meeting, the Council continued the item to the September 2, 2003 meeting with direction that the applicant and staff work together to resolve the outstanding security lighting issues. • Since that time, city staff has conducted a nighttime site visit and provided the applicant with observations and comments regarding deficiencies in security lighting, and general recommendations for improving security lighting on the site. • The applicant is now in the process of preparing a lighting plan to address these deficiencies, however, the lighting plan will not be complete for consideration at the September 2, 2003 Council meeting. • Therefore, this item should be continued to the September 19, 2003 Council meeting. 60-DAY STATUS: • Deadline is October 16, 2003. ATTACHMENTS: None /56 Agenda Information Memo September 2, 2003, Eagan City Council C. CONDITIONAL USE PERMIT CLARIFICATION -TREE MITIGATION PLAN REQUIREMENT, KEYSTONE COMMUNITIES ACTION TO BE CONSIDERED: To approve (OR to deny) the Tree Mitigation and Landscape Plans for Keystone Communities associated with their development of afour-story, 129-unit senior independent and assisted living apartment building on approximately 2.3 acres located at the southeast corner of Silver Bell Road and Cedar Grove Parkway in the NW '/4 of Section 20. FACTS: • On July 1, 2003, the City Council approved a Conditional Use Permit for this project. At that time, it was noted that a satisfactory Tree Preservation and Replacement Plan would need to be provided prior to issuance of a building permit. • Since that meeting, staff has been working with the developer to ensure the accuracy of the tree inventory, and to more clearly evaluate the overall planting plan in terms of mitigation and landscape requirements. • While overall the site appears to be well-planted, in staff's evaluation after accounting for the mitigation, the landscape standards of the Code are not fully satisfied. Keystone disagrees, and has presented their position in the attached letter from Tushie Montgomery. For this reason, the item is being presented to the City Council for a determination on the acceptability of both the mitigation and the landscape elements of the planting plan. • The overall planting plan provides awell-planted site, and staff agrees with the applicant that additional planting would result in overcrowding of materials. The staff evaluation also gives some credit on the plan for areas that are preserved (south property line) and that are not available for planting (northwest corner of site). • City Code requires that tree mitigation be provided in addition to required landscaping. A total of 60 Category B trees are required for mitigation on this site. Because of the limited planting space on the site, many Category A trees, which are larger at initial planting, are proposed to achieve the Category B equivalency. • The overall planting plan, which includes both landscaping and mitigation, provides a total of 95 trees. Keystone is proposing 24 Category A trees (equivalent of 48 Category B trees) to satisfy mitigation requirements. In order to full satisfy the mitigation requirements, staff has counted 12 of the other Category B trees toward mitigation (for a total of 36 trees). • The remaining 59 Category B trees on the plan can then be applied toward the landscape requirements, along with all of the shrubs and perennials. The majority of the designated landscape trees are columnar evergreens with a mature height of about 12 feet and will be planted on the south and southeast property lines as a buffer to the remaining single-family home. The bulk of the rest of the landscaping requirement is being satisfied through shrub, foundation and perennial plantings throughout the site. • Keystone argues that because of the more urban design and density desired on this site, the City's landscape standards would result in an overcrowded site without open green space for access to sunlight and for lawn to grow. Keystone also feels that their plan is well suited to /s 7 the site and its use by senior residents. Keystone states that their plan meets the intent of the landscape ordinance and should not require additional planting. A resident living adjacent to the project, Doris Dateline, separately submitted a letter expressing concerns regarding landscaping and tree mitigation for this project. Staff believes the letter from Tushie Montgomery, the background to this item and the Council's findings in its regard would also address the issues she raised. ISSUES: • Staff is requesting that the Council make the determination whether the overall planting plan is acceptable for this site. While the mitigation requirements are satisfied, staff has identified technical shortcomings in the landscape plan. • This site is somewhat unusual within the Cedar Grove redevelopment district because of the existing trees from the previous homes that occupied the site. Most of the land within the redevelopment area was previously developed with commercial uses and staff would not expect the same level of mitigation for redevelopment of those sites. ATTACHMENTS (3): Planting Plan -Landscaping and Tree Replacement, page ~/~ G ! IS ~ j~ Letter from applicant's landscape architect, Tushie Montgomery, pages ~ ~7 y Letter from neighboring resident, Doris Dateline, pages ~7~_ /S~f~ /57/~ 9§ 3 ~~ 3~ O a$ g~ - --- s ~ ~~ ~~ ~, - ~~ ~~ ~> ~ ~ ~ ~~~~~ y~~~~7~~ ~3~~~ =sa'--$ w R ,, cr e --- o T :~ WAY ~ i /Q D ~' U . . n 171 ~ 1 ~ ~ , ' •7 L pIG Lv3MdS I lYJ1.M M3~/~ ~= 4 . n n . r 3 ~ 1 ~ t ' ~ ~ { i a N I 1 Y ~ ~ ~ ~ € ~ J ~ ~ d i ~ ! ~ ~ ~ ~ ~ ~ i ~ 3 .. N R . R 3 .. ^ !. i Q I W f -~~ 5 ~W ~ ~ 3 3 a I yy ~R7`s m i ~ ~z ~ a ~ +~ ~ ~ ~ ~ 2 ~ a$ 1C C ~ I~ I I V N !~- ~ V ~ ~ ~ ~ ~ ~ 7 ~ ~ ~ ~ ~ ¢ ~ a ~ ~ i i ~ ~ y q ~ ~ L 3 I /i I oOQ~~ o~ •. b~Gs/ N~''Id JNI.LNN'id 'I'lb?I~AO (I~SIAi21 >? Tt.ahie NlorttgotYtery ~4ssocial~s August 12, 2003 Pam Dudziak Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Ms. Dudziak, 7645 LytxldeAve ~ulh 9 ite 1~ ~fi~ NN564Z3 This letter is to address the concerns listed by Forester Gregg Hove, regarding the tree replacement and Landscape plans of the Keystone Sr. Building. I will address each concern as listed on the a-mail dated Aug. 1, 2003. 1. The tree survey has been revised, as per Mr. Hove's field notes. The inventory of trees on the survey includes all significant trees according to city codes. 2. Recalculations are as follows. Removal of 27 out of a total of 40 significant trees is 67.5%. Thirty percent of the total significant trees is 12. Replacement of the 17 remaining trees removed is the equivalent of 36 Class B trees, according to city ordinances. 3. Ohio Buckeye tree size was changed by the Project Architect, not knowing that the size listed would be difficult to find. This has been revised to a class B tree on the planting plan, and tables have been revised accordingly. 4. Conifers are shown on the plan at their approximate mature size. Some are Spruce and arborvitae, which retain lower branches, and some are Pine, which do not. They are planted thickly to address the concern of the adjacent residential property owner to screen the new building. 5. The Little Leaf Linden near Alder Lane have been changed to Swamp White Oak. 6. The CGD zoning district requirements were never discussed with us in our agreement with the city and were not part of our agreement with the city. Planting trees at this rate may be appropriate for a truly urban site, but with the amount of greenspace on our site it would preclude having any open green space to access sun and for lawn to grow. 7. Three percent of the cost of the building is at the discretion of planning staff. For a building of the size we are building it would be an extraordinary amount. We feel that our planting plan is well suited to the site and its use by senior residents. It contains a large number of all types of plants for the enjoyment of the residents, staff, and visitors. As the drawings L3.2 and L3.3 show, relatively few of the plants are used for tree replacement, most are being applied to the landscape requirements. We feel that it certainly meets the intent of the landscape ordinance and should not require additional planting or park donation. Attached are a revised set (L3.0, L3.1, L3.2, and L3.3) of landscape drawings showing the above changes. We hope that they have addressed your concerns and will meet with your approval. ~S?~ ~.,,~_,.~_.,,,~. ~,,~r ~' ~1~~ ~, i_ ' ., • Page 2 August 12, 2003 Please contact myself, Gary Fisher, or Gary Tushie with any further comments or conclusions. Thank You. Sincerely, Andrea Weber M.L.A., Assoc. A.S.L.A. Landscape Design /6~D TREE PRESERVATION PLAN Infornlation on two items for your consideration ITEM ONE July 24,2003 5ubn~i,-ii~ ~"1 (7~.X~s ill-.) one. via ~-ma ~~. The PIanning Commission on June 24,2003 approved the Conditional Use Permit and Variances subject to conditions listed in the APC meeting minutes. Under ISSUES it was listed that Water Quality remained an outstanding item and a satisfactory Tree Mitigation Plan needed to be provided. Tree Mitigation A directive from the APC read, "Compliance with the Tree Preservation Ordinance will be determined by the City Forester and must be demonstrated prior to issuance of a building permit". Per Forester, Gregg Hove: Still need some clarification of tree inventory removal plans Require mitigation of 60 Category B trees Revise the plans to preserve the two specimen trees, both Sycamores A satisfactory Tree Mitigation Plan will be needed. FYI - Because I had concerns about these huge, beautiful, unique tress, Icontacted - 1. Department of Forest Resources at the University of Minnesota. Gary R. Johnson, Professor, and Extension Educator -Urban and Community Forestry. To quote Professor Johnson - " Personally I feel this tree owner/lover is in good hands with Gregg Hove as the city forester. He knows his stuff, and has been very successful at "saving "worthy trees. Sycamores are not native to Minnesota, and are relatively rare this far north. Gregg is aware of that. That aspect maybe enough to render them worthy of preservation. And depending on their size, they could be even more significant. I am not aware of a "national registr}~' of Sycamores". 2. Wi1dWNC.org: Sycamore grows in all States east of the Great Plains EXCEPT Minnesota. Its native range is from Texas to Georgia and up the East coast to New York. 3. College of Natural Resources, Minnesota "I know of only two others here. It would be tragic to destroy them". (I don't have the name of whom I was speaking to). /S7E ITEM TWO On July 24,2003, I talked with Gregg Hove to share my observation and point out some discrepancies on the Keystone Tree Preservation Plan, L3.1 I also discussed the Cedar Grove Zoning District criteria and a couple of its specific standards listed under Landscaping. (I understand there will be a new reversion of the Landscape Plan and perhaps some of these points will be addressed). Tree Preservation Plan, L3.1 1. Shows 48 residual trees only. There were at, a minimum, 35 more trees on these lots. (83 trees) 2. There are two specimen Maples by the Sycamores. The Plan shows one Cottonwood. 3. There is no EL 8 with the Boxelder cluster. 4. There are not, nor have there ever been five Cedar across lot # 4. They are included in the list of 20 as Trees Saved. 5. Trees shown as Saved are 7 Elm (1 not there), 1 Poplar, 1 Cottonwood, 5 Boxelder, 1 Sycamore ,and 5 Cedar Of these 20 trees - 1 Sycamore - It has been noted that it will not survive. 5 Cedar - Do not exist 7 Poplar, Cottonwood &Boxelder - Per CGD, may not be used to satisfy the landscaping requirement of this section. This leaves 7 Elms as Trees Saved. Six of these trees grew up in my former vegetable garden, and one El 14 was badly damaged when the REM house was moved out. 6. The Plan shows the removal of 9 Cedar There are only 3 there to remove. 7. The Plan, L3.0 has 7 Little Leaf Linden planted on Silver Bell. Per CGD -Little Leaf Linden cannot be on or immediately adjacent to a public street boulevard. Per CGD - At least one overstory tree shall be provided for every five hundred (500) square feet of landscaped area on the entire site Keystones replacement trees are a maximum of four inches. Will they fulfill this requirement? ?? I was curious to see my nine, back yard Spruce on the Plan. /S~F Agenda Information Memo September 2, 2003 Eagan City Council Meeting NEW BUSINESS A. CERTIFICATION OF THE PRELIMINARY 2004 BUDGET AND PROPERTY TAX LEVY. SET TRUTH-IN-TAXATION HEARING DATES, AND CHANGE THE DATE OF THE FIRST REGULAR AND SPECIAL COUNCIL MEETINGS IN DECEMBER ACTIONS TO BE CONSIDERED: • To approve the preliminary 2004 property tax levy as follows: General Revenue levy: General Fund $ 17,351,480 Equipment Revolving Fund 834,980 Major Street Fund 1,150.708 Subtotal -General Revenue levy 19,337,168 Community Center bonds debt service 1,086,476 Cedarvale Special Services District 2,000 Total levy $ 20,425,644 • To approve the preliminary General Fund expenditure budget, including contingency, of $21,778,700. • To set the initial Truth-in-Taxation hearing date for Monday, December 1, with a continuation hearing date (if necessary) of Monday, December 8. • To change the date of the first regular City Council meeting in December from December 2 to December 1. • To change the date of the December 9 special City Council meeting to December 8. FACTS: • The City Council is required by law to certify the proposed payable 2004 property tax levy on or before September 15, 2003. The levy can be subsequently decreased, but not increased. • The City Council reviewed the proposed budget and levy at a special meeting on August 26. The figures above are the same figures presented at the special meeting. • The General Revenue levy will be reduced by the 2004 Market Value Homestead Credit of $1,223,402 at the County and $18,113,766 will be levied against the local property. • The County will use the certification information to mail Truth-in-Taxation notices by November 24. • Both the budget and levy will be reviewed again prior to final adoption in December. • Truth-in-Taxation hearing dates were reviewed at the August 26 special meeting. ATTACHMENTS: • The preliminary 2004 General Fund expenditures budget summary is attached on page ~~ /S8' 2004 GENERAL FUND BUDGET COMPARATIVE SUMMARY OF EXPENDITURES GENL GOVERNMENT 01 Mayor & Council 02 Administration 03 Information Technologies 04 City Clerk 05 Finance 06 Legal 07 Comm Dev/Planning 08 Comm Dev/Inspections 09 Communications Gen Govt Total PUBLIC SAFETY 11 Police 12 Fire Public Safety Total PUBLIC WORKS 21 Public Works Engineering 22 Streets & Highways 24 Central Svices. Maint. Public Works Total PARKS & RECREATION 31 Parks & Recreation 32 Tree Conservation Parks 8~ Rec Total 2001 2002 2003 2004 Actual Actual Budget Budget Chg $ 116,367 $ 103,702 $ 109,300 $ 114,900 5.1 742,054 709,655 724,900 750,500 3.5% 692,350 831,323 891,400 954,200 7.0% w/ Finance wl Finance 199,000 266,300 33.8% 850,712 1,029,702 804,300 799,500 -0.6% 338,720 374,778 427,000 429,700 0.6% 674,123 661,342 593,000 595,800 0.5% 662,290 688,268 828,400 852,600 2.9% 234,424 293,417 445,800 415,700 -6.8% 4,311,040 4,692,187 5,023,100 5,179,200 3.1% 7,417,816 7,801,239 8,031,300 8,210,100 2.2% 991,196 1,044,500 1,189,200 1,190,300 0.1 8,409,012 8,845,739 9,220,500 9,400,400 2.0% 1,433,021 1,187,294 1,229,150 1,287,200 4.7% 1,345,072 1,324,452 1,481,500 1,410,400 -4.8% 482,797 481,324 483,300 492,000 1.8% 3,260,890 2,993,070 3,193,950 3,189,600 -0.1% 2,746,586 2,790,855 3,106,400 3,087,900 -0.6% 292,056 279,199 327,600 313,900 -4.2% 3,038,642 3,070,054 3,434,000 3,401,800 -0.9% GENL GOVT BLDG MAINT 33 Building Maintenance 555,899 597,796 559,700 550,200 -1.7% Total Expenditures- General Fund $ 19,575,483 $ 20,198,846 21,431,250 21,721,200 1.4% 41 Contingency--undesignated Total Expenditures + Contingency 347,450 57,500 -83.5% $ 21.778.700 $ 21.778.700 0.0% /s9 Agenda Information Memo September 2, 2003, Eagan City Council Meeting B. CONDITIONAL USE PERMITS - VELMEIR COMPANIES. ACTIONS TO BE CONSIDERED: To approve (OR deny) a Conditional Use Permit to allow adrive-through facility for CVS Pharmacy on Lot 1, Block 1, Diffley Plaza; subject to the conditions in the Advisory Planning Commission minutes. To approve (OR deny) a Conditional Use Permit to allow a pylon sign for CVS Pharmacy on Lot 1, Block 1, Diffley Plaza; subject to the conditions in the Advisory Planning Commission minutes. FACTS: • The applicant is proposing to construct one freestanding building to house CVS Pharmacy. • Direct access to the site is via Johnny Cake Ridge Road with aright-in only entrance and full access movement via an internal drive further south. • The proposal is in compliance with all the Neighborhood Business standards. • The proposed building materials are brick with sign areas in EIFS. • The proposed sign is 102.6 square feet and 24 feet in height. • To be consistent with the pylon sign approved for the Metro convenience gas operation to the west, staff suggests the applicant provide a sign base utilizing the brick used for the building, with decorative plantings etc. • The applicant held a neighborhood meeting on August 20, 2003 and two neighbors were present. • The Advisory Planning Commission held a public hearing on August 26, 2003, and is recommending approval; subject to the conditions in the APC minutes. ISSUES • The lighting spills onto the right-of--way of Johnny Cake Ridge Road and Diffley Road, it is necessary to alter the onsite lighting to reduce the amount of spillage. • The APC was questioning the actual height of the sign compared to ground level and if that is consistent with the Metro sign. According to final grading plans the metro pylon sign will be situated four feet higher than the CVS pylon sign from ground level. 60 Day AGENCY ACTION DEADLINE • Deadline is September 28, 2003 /60 ATTACHMENTS (2): Advisory Planning Commission Minutes page~~ through~~ Planning Staff Report pages~hrough~ /6/ DRAFT MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA August 26, 2003 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, August 26, 2003 at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Heyl, Members Steininger, Gladhill, Bendt, and Leeder. Also present were Senior Planner Mike Ridley, Planner Pam Dudziak, Planner Sheila Cartney, City Attorney Bob Bauer, and Recording Secretary Camille Worley. AGENDA Member Steininger moved, Member Leeder seconded a motion to adopt the Agenda. All voted in favor. Motion carried 5-0. August 26, 2003 ADVISORY PLANNING COMMISSION MEETING MINUTES Member Gladhill moved, Member Bendt seconded a motion to approve the July 22, 2003 Advisory Planning Commission Meeting minutes. All voted in favor. Motion carried 5-0. III. PUBLIC HEARINGS A. CONDITIONAL USE PERMITS - VELMEIR COMPANIES A Conditional Use Permit to allow adrive-through facility and a Conditional Use Permit for a pylon sign on Lot 1, Block 1, Diffley Plaza, located at the SW corner of Diffley Road and Johnny Cake Ridge Road in the NW '/a of Section 28. Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated August 19, 2003. She noted the background and history. Applicant Brian Altan explained that CVS is a national pharmacy chain that is new to Minnesota. He stated agreement with all conditions listed in the Staff Report. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. /6J City of Eagan Advisory Planning Commission Meeting Minutes September 26, 2003 DRAFT Chair Heyl stated that a letter was received by a neighbor addressing concerns with the pylon sign and their opposition of the sign, but support of the pharmacy. Chair Heyl asked how many other pylon signs would be on Johnny Cake Ridge Road in this area. She is concerned about setting a precedent with the pylon signs. Planner Cartney explained that the City does not allow pylon signs to be within 300 feet of each other. She explained that lots two and four probably would not meet the 300-foot spacing requirements. Member Steininger stated the application meets all requirements and conditions, therefore the Advisory Planning Commission must approve it. He stated the drive through is acceptable. Member Leeder asked if there is anything that would allow the Advisory Planning Commission to review the grading of the property in comparison to the height of the sign. Senior Planner Ridley stated the average elevation of the lot is used for calculation. He also stated that it appears another, or third, pylon sign along Diffley would meet the City's 300' minimum spacing requirements. Chair Heyl asked the height of the Metro Station pylon sign and how it compares to the proposal. Planner Cartney stated that she was not sure of the exact height but thinks it was 27 feet, which is allowed by the Sign Ordinance. City Attorney Bob Bauer explained that the application is only for lot one, therefore the Advisory Planning Commission should be focused on that lot. Chair Heyl stated the Advisory Planning Commission is only looking for the sign to be more compatible with the other lots. Member Steininger stated the sign would stand out because the lot sits about 10 feet higher than the other lots. Senior Planner Ridley stated the measurements would be taken from the proposed finished floor elevation of the proposed building. Member Gladhill moved, Member Bendt seconded a motion to approve a Conditional Use Permit to allow adrive-through facility located at the SW corner of Diffley Road and Johnny Cake Ridge Road in the NW'/4 of Section 28 subject to the following conditions: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. /63 City of Eagan Advisory Planning Commission Meeting Minutes September 26, 2003 2. Lighting shall have no direct source visible from the public right-of--way or adjacent land. All voted in favor. Member Gladhill moved, Member Bendt seconded a motion to approve a Conditional Use Permit for a pylon sign on Lot 1, Block 1, Diffley Plaza, located at the SW corner of Diffley Road and Johnny Cake Ridge Road in the NW '/4 of Section 28 subject to the following conditions: The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. All signage shall comply with the City Sign Ordinance. The pylon sign design shall be modified to incorporate a 4 foot base made of the same brick used for the principal building. All voted in favor. Chair Heyl asked staff to have sign height information available for the City Council, so they can better review the lot to make sure it is compatible with surrounding lots. /65~ PLANNING REPORT CITY OF EAGAN REPORT DATE: August 19, 2003 APPLICANT: Steven Mangold PROPERTY OWNER: Jane Astleford REQUEST: Conditional Use Permit CASE: 28-CU-10-07-03 HEARING DATE: August 26, 2003 APPLICATION DATE: July 16, 2003 PREPARED BY: Sheila Cartney LOCATION: Lot 1, Block 1, Diffley Plaza COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: NB, Neighborhood Business SUMMARY OF REQUEST The applicant is requesting approval of two Conditional Use Permits to allow adrive-through facility and to allow a pylon sign on property located on Lot 1, Block 1, Diffley Plaza located at the intersection of Diffley Road and Johnny Cake Ridge Road. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. /6s Planning Report - CVS August 26, 2003 Paee 2 D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Wi11 not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The property is currently zoned NB, Neighborhood Business, this change was initiated with the City wide zoning map update; adopted on September 17, 2002. The current Comprehensive Plan Designation is RC, Retail Commercial; this change was made part of the Guide Plan update; adopted on February 20, 2001. In October 2002, an application for Preliminary Subdivision was submitted. This proposal was to subdivide the subject properly into seven lots, development was not proposed at this time. The Final Subdivision was approved in June 2003. As part of the subdivision approval a condition was imposed that a berming/landscape plan pertaining to the southern property line be submitted as part of the final plat. A benning plan was submitted and approved and is incorporated into the development contract for Diffley Plaza, the berm ranges in height from four to six feet. EXISTING CONDITIONS The proposed development is for Lot 1, Block 1, Diffley Plaza. There are seven lots within Diffley Plaza subdivision and all are vacant at this time. The subject site is accessed from the north via Diffley Road and to the east and south via the private service road, provided by easement. The site is currently being graded overall to prepare for development. The grading activity has raised some concern with the neighboring property owners. Site visits and inspections conclude that the developer is working from approved grading plans. According to the development contract for Diffley Plaza, the landscape berm is to be installed by October 1, 2003. /66 Planning Report - CVS August 26, 2003 Page 3 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 PD, Planned LD, Low Density residential Develo went district 0-4 units/acre South Vacant -Lot 2 Diffley NB, Neighborhood RC, Retail Plaza Business Commercial East Vacant -Centennial PD, Planned RC, Retail Ride Develo ment Commercial West Vacant -Lot 7 Diffley NB, Neighborhood NB, Neighborhood Plaza Business Business EVALUATION OF REQUEST Compatibility with Surrounding Area -Neighborhood Business districts are defined as small business areas generally located adjacent to or in close proximity to residential neighborhoods that aze intended to provide retail goods and services to the immediate area. The subject site is bounded on the north by County Road 30 (Diffley Road) and single family residential uses, on the east by undeveloped land zoned Planned Development and on the west by undeveloped land zoned Neighborhood Business. Drug stores are a permitted use within the NB zone. Drive- through facilities and Pylon signs are conditional uses within the NB zone. These uses appeaz to be compatible with the surrounding uses based on the zoning designation and the Comprehensive Land Use Plan Designation. Site Plan -The applicant is proposing to construct a pharmacy with adrive-through. One lane of the drive-through will be for pick up and drop off and the other lane will be for drop off only. The system used is similaz to what drive through banks use. The building is proposed to be 13,013 square feet. The required stacking for a drive through is six cars the site plan does not indicate the number of cars for stacking, but there appeazs to be enough room. Direct access to the site is proposed via Johnny Cake Ridge Road with aright-in only entrance and a full access movement via an internal drive further south. Building Coverage -The Zoning Ordinance permits a maximum of 20 percent of the lot to be covered with buildings. The site plan indicates that the building coverage is proposed to be 16 percent. Crreen Space -The Zoning Ordinance requires a minimum of 30 percent of a lot to be green space in the Neighborhood Business district. The site plan indicates the site green space coverage is 30 percent. /6~ Planning Report - CVS August 26, 2003 Paee 4 Building Setbacks -According to the site plan, the required minimum front yard setback of 50 feet, side yard setback of 10 feet, and the reaz yazd setback of 20 feet axe met. Pazkin~ Setbacks -According to the site plan, the required minimum 20 foot parking setback from a front property line and the minimum 5 foot side and rear setback are met. Building Height - Within the NB Zoning District, building height is limited to 30 feet. The proposed height is 30 feet at the entrance which tapers to 25 feet throughout the rest of the building. Building Materials -For Commercial development the Zoning Ordinance requires all exterior vertical surfaces to be treated as a front and have an equally attractive or same fascia. The pharmacy appears to meet this requirement. The building is brick and the sign areas are EIFS. Landscaping -The Landscape Plan is adequate. Plantings along Diffley Road and Johnny Cake Ridge Road for screening purposes include Yellowwood trees and Dwarf Burningbush shrubs. The imgation system shall comply with the requirements listed in the Landscaping Ordinance. Pazkin -The Zoning Ordinance requires at least one off-street parking space for each 200 square feet of floor area up to a total floor area of 10,000 square feet and at least one off-street parking space for each 250 square feet of floor area between 10,001 and 30,000 square feet. The proposed pharmacy is about 13,013 square feet which would require 62 parking spaces; the site plan indicates 62 parking spaces are provided. Li tin -The Lighting plan indicates there are going to be six area lights onsite. The plans indicate the lights are going to be mounted on +30 foot poles with a shoe box style pole mount. This style mount will use a 1000 watt metal halide light source. Two different wall-paks are indicated on the lighting plan. The "lumazk wal-pak" is used for the perimeter of the building; this is a 250 watt metal halide light source. The entrance of the pharmacy has a metal recessed wal-pak, this is a 175 watt metal halide light source. The Zoning Ordinance requires that 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 line. The proposed lighting does reach the public right-of--way of Diffley Road and Johnny Cake Ridge Road as well as the properties to the west and south. The lights directed on the abutting properties are less of a concern as the right-of--way; the abutting properties are also intended for commercial uses. Even though the lighting in the right-of--way is under a one foot candle, it may be necessary to alter the onsite lighting to reduce the amount of light that spills into theright-of- way. Si~na~e- A pylon sign requires a Conditional Use Pernut; the applicant is proposing a pylon sign on the northeast corner of the lot, nearest to the intersection of Diffley Road and Johnny Cake Ridge Road. According to the Sign Ordinance, the pylon sign shall not be more than 27 feet /68' Planning Report -CVS August 26, 2003 Page 5 above lot level and shall not exceed 125 square feet in azea per side. The proposed sign is 102.6 squaze feet and 24 feet in height. The pylon sign is located 10+ feet from the property line meeting standard Sign Code requirements. The applicant shall apply for applicable sign permits when necessary. All signs are subject to the City's Sign Ordinance. To be consistent with the pylon sign approved for the Metro convenience gas operation to the west, staff suggests the applicant provide a sign base utilizing the brick used for the building, with decorative plantings etc. Trash Enclosure -Within the NB zoning district trash enclosures are required to be attached to the principal building constructed of materials to match the exterior of the principal structure, with gates or doors having at least 90 percent opacity. The site plan indicates the trash enclosure will be attached and match the principal structure. Parks and Trails -This development is subject to a cash park dedication and cash trails dedication. SUMMARY/CONCLUSION The applicant is requesting approval of a Conditional Use Permit to allow a drive through for the CVS pharmacy and for a pylon sign. The applicant is proposing to construct a pharmacy with a drive-through, there will be two lanes associated with the drive-through, one lane will be pick up and drop off and the other will be drop off only. The drop off only, will function similar to that of adrive-through bank. The building is proposed to be 13,013 squaze feet. Direct access to the site is proposed via Johnny Cake Ridge Road with a right turn only entrance. The property is zoned Neighborhood Business, this proposed development complies with the minimum Neighborhood Business standards. The lighting plan appears to be excessive in that there is some light reflecting in the public right-of--way. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow a drive through facility for the CVS Pharmacy located on Lot 1, Block 1, Diffley Plaza. If approved the following conditions shall apply: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. Lighting shall have no direct source visible from the public right-of--way or adjacent land. To recommend approval of a Conditional Use Permit to allow a Pylon sign for the CVS Pharmacy located on Lot 1, Block 1, Diffley Plaza. If approved the following conditions shall apply: /6 9 Planning Report - CVS August 26, 2003 Page 6 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. All signage shall comply with the City Sign Ordinance. 3. The pylon sign design shall be modified to incorporate a 4 foot base made of the same brick used for the principal building. /~o Location Map Ia~W~1gl ~ ~~ J~~ ~ - 7 J ~,.., O ~ ~ ry ... !! ,.`~ ~~~... ®, d •' mil!' ~' ® c9 oa r3 ~ ~ ~ ~ `~ ~~. ~ ~ .-~. 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INTERIM USE PERMIT - WAL-MART ACTION TO BE CONSIDERED: To approve (OR to deny) an Interim Use Permit to allow outside storage of up to ten storage containers within the existing garden center at the Wal-Mart store at 1360 Town Centre Drive, legally described as Lot 1, Block 1, Town Center 70 Eleventh Addition, subject to the conditions in the APC minutes. FACTS: • The store contains about 115,000 square feet and is located at the east end of the site, with parking to the west. The garden center is located on the south side of the store, consists of about 7,000 square feet and is enclosed with a wrought iron fence. • Wal-Mart is proposing to store up to ten 8' x 40' storage containers within the existing garden center from October 1 through December 31 each year. • A similar interim use permit was approved for Wal-Mart in 1999, which expired in 2001. Staff has concerns that Wal-Mart is not making progress toward along-term resolution of their storage space issues, particularly in light of the expansion area noted on the original store plans. • Within the past five years, the City has approved interim use permits for outside trailer storage for both Kohl's and Wal-Mart. Kohl's has recently constructed a permanent building addition to address their space needs. • The Advisory Planning Commission held a public hearing on August 26, 2003, and recommended approval of the Interim Use Permit, subject to the conditions listed in the APC minutes. ISSUES: The applicant is requesting this permit for athree-year term, beginning October 1, 2003, and expiring December 31, 2005. The APC recommended only cone-year term. Two APC members commented that the proposal did not appear to be compatible compatible in appearance with the existing or intended character of the general vicinity. Several members commented that they expected Wal-Mart to be working towards a permanent building addition rather than continuing with successive interim use permits. 60-DAY STATUS: The deadline is September 15, 2003. ATTACHMENTS: August 26, 2003, APC Minutes, pages through Staff report, pages,~Q through /~7 City of Eagan Advisory Planning Commission Meeting Minutes ~~~~~ September 26, 2003 B. INTERIM USE PERMIT - WAL-MART An Interim Use Permit to allow the temporary outdoor storage often trailers on Lot 1, Block 1, Town Centre 70 Eleventh Addition, located at 1360 Town Centre Drive in the NW '/4 of Section 15. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated August 20, 2003. She noted the background and history. John Hamm, Store Manager of Wal-Mart stated agreement to all conditions listed in the Staff Report. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Member Bendt asked for a detailed description of the storage containers. Mr. Hamm explained the storage container design and that they would be placed directly on the concrete pad. Member Gladhill stated the application does not meet the desired characteristics of the area and he would be opposed to approving. Chair Heyl agreed with Member Gladhill and compared the situation to other similar situations. She stated Kohl's has or is in the process of adding a permanent addition since they requested this similar Interim Use Permit. She stated concern that the Wal-Mart request would be recurring, since this is not their first request. Heyl stated her reasons for denial: - The use does not appear temporary - The use is not in keeping with area Member Bendt stated the storage containers are only being requested from October 1 to December 31, 2003, therefore he is not opposed. Member Steininger stated he is not opposed to the approval, however he recommends a shorter time period for the storage. Member Leeder recommended that aone-year term be permitted and then the applicant must determine a permanent solution to their space needs. /78 City of Eagan ~~ ~~ Advisory Planning Commission Meeting Minutes September 26, 2003 Member Gladhill stated opposition due to the general character of the town center area. Member Steininger moved, Member Leeder seconded a motion to approve an Interim Use Permit to allow the temporary outdoor storage often trailers on Lot 1, Block 1, Town Centre 70 Eleventh Addition, located at 1360 Town Centre Drive in the NW %4 of Section 15 subject to the following conditions as amended: 1. The Interim Use Permit shall be recorded at Dakota County within 60 days of Council approval and proof of recording submitted to the City. 2. The Interim Use Permit shall terminate December 31, 2003 ~~. 3. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. The outdoor storage shall be allowed only between October 1 and December 31 of each year. 5. There shall be no more than ten (10) storage containers and the containers shall be located within the fenced area south of the building. 6. The storage trailers shall be located within the garden center according to the site layout as approved by the City Fire Marshal, including the five-foot separation between trailers located end to end. 7. The storage area shall be screened from view from the public right-of--way and other retail areas. Screening shall be provided by a dark green canvas attached to the wrought iron fence. 8. Access into the fenced storage area during the time the trailers are being stored shall be restricted to employees only. Aye: Bendt, Leeder, and Steininger. Nay: Chair Heyl and Gladhill. Chair Heyl stated she can accept cone-year permit, however she is still concerned because Wal-Mart has not shown the desire to achieve a permanent solution to their storage issues. Member Steininger stated he also comfortable with aone-year permit. Motion carried 3-2. / 99 PLANNING REPORT CITY OF EAGAN REPORT DATE: August 20, 2003 APPLICANT: Wal-Mart Stores, Inc. PROPERTY OWNER: Wal-Mart Stores, Inc. REQUEST: Interim Use Permit CASE: 15-lN-OS-07-03 HEARING DATE: August 26, 2003 APPLICATION DATE: July 17, 2003 PREPARED BY: Pamela Dudziak LOCATION: 1360 Town Centre Drive COMPREHENSIVE PLAN: SA, Special Area ZONING: CSC, Community Shopping Center SUMMARY OF REQUEST Wal-Mart is requesting an Interim Use Permit for outside storage of ten (10) storage containers within the existing garden center at the store at 1360 Town Centre Drive, legally described as Lot 1, Block 1, Town Center 70 Eleventh Addition. AUTHORITY FOR REVIEW City Code Chapter 11, 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 zoning regulations herein; and B. The date or event that will terminate the use can be identified with certainty; and C. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and D. The use 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. /~'o Planning Report - Wal-Mart August 26, 2003 Page 2 ' City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Cormission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it fmds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Compre- hensive 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. /Pi Planning Report - Wal-Mart August 26, 2003 Page 3 BACKGROUND/HISTORY The property was platted in 1991 and the store was constructed in 1992. A Conditional Use Permit for outdoor sales and display for the garden center was approved with the initial plans, with the stipulation that the outside sale and display be restricted to garden items only. The initial building plans also included a 30,000 square foot future addition at the rear (east end) of the store which has never been constructed. For several years, City staff dealt with code enforcement issues pertaining to outdoor storage with Wal-Mart. In 1996, Wal-Mart submitted a CUP request for outside storage of cargo containers to provide additional merchandise storage space during the fall shopping season. The containers were proposed to be located behind the store (to the east of the building), and the City did not approve that CUP request. In 1998, Wal-Mart constructed an addition to the front of the store and extended the screening wall at the rear of the store to enclose and screen the storage area for trash dumpsters, wood pallets and bundled boxes. In 1999, the City approved an Interim Use Permit for Wal-Mart submitted to allow outdoor storage of 10 cargo containers within the garden center. That Interim Use Permit expired in 2001 and Wal-Mart was not able to utilize this outside storage in 2002. In the past few years, Wal- Mart has achieved a greater level of compliance with City Codes concerning outside storage matters and code enforcement has not been an issue recently. EXISTING CONDITIONS The store contains about 115,000 square feet and is located at the east end of the site, with parking to the west. Direct access is provided from Duckwood Drive and Town Centre Drive. The garden center, located on the south side of the store, consists of about 7,000 square feet and is enclosed with a wrought iron fence. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North Kohl's CSC, Community Shopping SA, Special Area Center South Retail CSC, Community Shopping SA, Special Area Center East Veterinary Clinic/ CSC, Community Shopping SA, Special Area Cornerstone Self-Storage Center/ PD, Planned Develo ment West Super America/ Paradise CSC, Community Shopping SA, Special Area Car Wash Center /8.2 Planning Report - Wal-Mart August 26, 2003 Page 4 EVALUATION OF REQUEST Proposal - Wal-Mart is proposing to store up to ten 8' x 40' storage containers within the existing garden center for the holiday season. They would be placed within the fenced garden center from October 1 through December 31. The applicant is requesting this permit for athree- year term, beginning October 1, 2003, and expiring December 31, 2005. Compatibility with Surrounding Area -The subject site is within a large commercial retaiUservice area in the Community Shopping Center (CSC) zoning district. Outside storage is a conditional use in the CSC zoning district. The City typically has granted permits for outside storage in the CSC district for things such as product displays, garden centers, produce stands and shopping carts, but has been reluctant to allow such outside storage to serve as additional warehouse space for a retail facility. Within the past five years, the City has approved interim use permits for outside trailer storage for both Kohl's and Wal-Mart. Staff expressed some concerns about the policy precedent such approvals may set. Staff continues to have concerns that the store is not making progress toward a long-term resolution of their storage space issues, particularly in light of the expansion area noted on the original plans. Performance Standards - In addition to the requirements for a conditional use permit listed above, City Code requires performance standards for outdoor storage as follows: 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve ~propriate security and containment or or public salty reasons when determined necessar~y_the city. In general business (GB) and community shopping center (CSC) zonin districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building The proposed storage area within the garden center is completely enclosed by an existing wrought iron fence. 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The proposed storage area within the garden center is located at the side of the store, but faces a public right-of--way. The garden center satisfies principal structure setbacks and is not located within any required yard or setback areas. 3. The outdoor storage area shall be screened, rom view from the public right-o~ay and rom any adjacent property which is designated for residential uses in the comprehensive guide plan. The existing wrought iron fence does not provide screening. Wal-Mart proposes to hang a shade cloth (a tarp-like fabric similar to the wind screen fabric commonly used around tennis courts) inside the fence during the fall and winter months to /83 Planning Report - Wal-Mart August 26, 2003 Page 5 screen the container storage. The fabric is bluish in color and would provide screening of the containers from the publicright-of--way. In consideration of previous such proposals on this site, the Advisory Planning Commission indicated that screening should be not only from the public rights-of--way, but also from other properties. In addition, the APC recommended that the screening material be dark green canvas, which is more opaque. Since it has been a past recommendation, staff has included the dark green canvas as a condition of approval here. 4. The storage area shall not interfere with andpedestrian or vehicular movement. The proposed storage area should not interfere with pedestrian or vehicular movement. S. The storage area shall not take up required parking spaces or landscaping areas. The storage area does not take up required parking spaces or landscaping. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The storage area has a concrete surface. Additional Considerations -The City Fire Marshal has reviewed the trailer layout and has approved the layout with the stipulation that there be a minimum of five feet between the end of one trailer and the end of the adjacent trailer. Access into the garden center area during the time the trailers are being stored should be restricted to employees only. SUMMARY/CONCLUSION Wal-Mart is requesting an Interim Use Permit for outside storage often 8' x 40' storage containers within the existing garden center at the store at 1360 Town Centre Drive. Staff continues to have concerns about the policy precedent this proposal presents. The City has in the past granted permits for outside storage in the CSC district, including two IUP's for trailer storage that serves as additional warehouse space for retail stores. In one of those instances the store has since constructed an addition to the principal building (Kohl's). That has not yet been the case with Wal-Mart, and Wal-Mart has not yet presented any plans for long-term solutions to their storage issues. ACTION TO BE CONSIDERED To recommend approval of an Interim Use Permit for the outside storage of up to ten (10) 8' x 40' storage containers within the existing garden center at the store at 1360 Town Centre Drive, legally described as Lot 1, Block 1, Town Center 70 Eleventh Addition. If approved, the following conditions should apply: 1. The Interim Use Permit shall be recorded at Dakota County within 60 days of Council approval and proof of recording submitted to the City. /~u Planning Report - Wal-Mart August 26, 2003 Page 6 2. The Interim Use Permit shall terminate December 31, 2005. 3. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. The outdoor storage shall be allowed only between October 1 and December 31 of each year. 5. There shall be no more than ten (10) storage containers and the containers shall be located within the fenced area south of the building. 6. The storage trailers shall be located within the garden center according to the site layout as approved by the City Fire Marshal, including the five-foot separation between trailers located end to end. 7. The storage area shall be screened from view from the public right-of--way and other retail areas. Screening shall be provided by a dark green canvas attached to the wrought iron fence. 8. Access into the fenced storage area during the time the trailers are being stored shall be restricted to employees only. /SS Eagan Boundary ocati o n ap f,~~ Street Centerline ~ ParoelArea Building Footprint ~ ~ ` ~~~ ~l ~~ . L- - ..` _ ~ .- _.. ~ %~ c' i ~ ` ~/ ~c ` ~ ~ o 0 ~ . ~. _. ~\ 2 ~ ~ / C ~ ~. ~ . ©* ~ ~1 „a . ~ ~ i~ ~ ~~ . e _ ~ ~ _-i ...mo p ~ __, 1 ~ L ` a - . g ~~ ~ I.. _.1 i', w e ~ a. ~~ ~~ ~ Sub ect S ite ~ ~ '~ ~ aaa ~ ~ -~ ~ o® ~ i ! ~ g t 7 ~ _ ~ f L,~ ~ s ~! - . ~e a II © ~ B~ ~~,_~ - ,~ ® ~ z~ ~• ® ® _ ® wRw ° ~ ~ e L J ~.4 ~j t~ ® 9 ~ f ~~ +, f ~ ® .~ .. >1 , ® _ 9 ~ y ~ ~ 0~ i ~d @ ® to ® ~ t~ t d, t 4a d "-3 l , ~m ~ t p ,, .,,,,, ` r~ 0~ ~a ~ ® s e n9 nn ~ _ ~ © pv ~ ® A~t~ s s `~ ~ ®tt~9~ ~ ® € ~ W ~~ ~ ~ ®' . 3 ~~ .. z P < ~ ®t °~ sg l . 7 ~ g 4 ® ~ ~ ® ~ Q cP 4 ®~ 9 ~ 1000 0 1000 2000 Feet Development/Developer: Wal-Mart Application: Interim Use Permit Case No.: 15-IN-05-07-03 /Q~/ ~,~ ~ Map Prepared using ER51 AroVlew 3.1. Paroel base ma data provided / by Dakota Gounfy Ortice of GIS and is cumM as of June 2003. ~ N W~E city of etlgan THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Devdopment DepartnsM not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan wad-Mart Land Use Map Case No. 15-IN-OS-O7-03 Zoning Map P ~ ~ PD PD Location CSC ~ PD PD PD PD Current Zoning: CSC Community Shopping Center c csc PD ° .,, ~'4 P ~ R- PD PD CSC PD PD R- R-1 coo o eoc ttoe ^..t ~~ P -~ _ Comprehensive Guide Plan Land Use Map SA SA ~ ~ sA SA Locat io SA n SA SA A Current Land Use Designation: SA Special Area A sA °``*•~ ~` SA H L I ~ SA sA sA L L D f00 0 600 1200 f..t ~ {-{~ a ~ i ll l SITE PLAN /~'s' ~~ ~~ .~ ~ ~'. awl, a °` N' ~ ~ 00 ~ o0 ~ ~ ~ ~ N N (~ N N L y ~o Y H a~ ~ ~ ~; ~ H~~ w. w w w ;~ ~, ~ ,:~. ~~~~ :~: ~ ~ 'y- `,t ~aa3 OS ~~ h y ~ y~-~fi r ~ ~ ~ ~ Gil y L W ~1 r •~ _ _ ~ w { O O (%~ ~ = ; ~ t ; ~; ~ -4 yr ~ i ~Y i'~ _ _~ I..~ ~ C~` - ~ ° ° - - ° ~' k' ~ = w . ~ ~' ~' j ~ - = ° w w £ c~ ~~ .~. '~~ 4~ :~' ~~ ff~ N L N ~ L ~ /~f ~ ~ H ~ o - o o - -;~ 't ~1 • N v - ~ ~ s a U G, U L ~r w ~ ~ v - - w w ~ - sagaviq `laa3 S£ ~~`,~ , L U r L ~ O d -- _ _ k''',x f/1 ~ ~ ~ j ° O a' .y _- . ~+ ~ X ~y -o E-' _ O~ o i~ '~ o o - - n`. ° v~ ;;` .: ~, ~~ ~~9 al~rJ l « -~8 ~, I Agenda Information Memo September 2, 2003 Eagan City Council Meeting D. ORDINANCE AMENDMENT-ZONING MAP UPDATE ACTION TO BE CONSIDERED: To approve (OR to deny) the publication of the Zoning Map of the City of Eagan, Minnesota, pursuant to Chapter 11 Entitled "Land Use Regulations "(Zoning)" Section 11.20 Subd. 2 of the City Code, incorporating recommended rezonings as part of approved Special Area plans and approved rezonings since the last map publication. FACTS: The City of Eagan is executing a yearly update of its published Zoning Map. The last Zoning Map update was approved on September 17, 2002 and published on October 17, 2002. • The proposed map incorporates all rezonings approved by the Eagan City Council between September 3, 2002 and August 19, 2003. • The proposed map also incorporates all recommended immediate rezonings associated with approved Special Area No. 4 (Central Area) and Special Area No. 5 (Cedar Grove Area). In addition, as recommended in the Special Area No. 6 plan, a private in-holding within Lebanon Hills Regional Park was sold to Dakota County and is now designated as P-Park on the proposed map. • The Advisory Planning Commission held a public hearing on August 26, 2003 and recommended approval the Ordinance Amendment updating the Zoning Map. ATTACHMENTS: • August 26, 2003 APC Draft Minutes, page • Staff report, pages ~ through ~~. /90 City of Eagan Advisory Planning Commission-Minutes August 26, 2003 DRAFT C. ORDINANCE AMENDMENT -CITY OF EAGAN An Ordinance Amendment of the City of Eagan, Minnesota, Adopting the Zoning Map of the City of Eagan, Minnesota, Pursuant to Chapter 11 Entitled "Land Use Regulations "Zoning)" Sec. 11.20 Subd.2 of the City Code Regulating Use Districts. The proposed map incorporates zoning changes identified with approved Special Area plans and all zoning changes approved by the City Council since the last map publication dated October 17, 2002. Senior Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated August 7, 2003. He noted the background and history. He stated the City is on schedule with the updated map. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Member Leeder moved, Member Gladhill seconded a motion to approve An Ordinance Amendment of the City of Eagan, Minnesota, Adopting the Zoning Map of the City of Eagan, Minnesota, Pursuant to Chapter 11 Entitled "Land Use Regulations "Zoning)" Sec. 11.20 Subd.2 of the City Code Regulating Use Districts All vote in favor. /9i PLANNING REPORT CITY OF EAGAN REPORT DATE: August 07, 2003 APPLICANT: City of Eagan PROPERTY OWNER: City-wide REQUEST: City-wide Zoning Map Update LOCATION: City-wide COMPREHENSIVE PLAN: Not Applicable ZONING: All Districts CASE: 04-OR-04-07-03 HEARING DATE: August 26, 2003 PREPARED BY: Erik Slettedahl SUMMARY OF REQUEST The City of Eagan is executing a yearly update of its published Zoning Map. The proposed map incorporates recommended zoning changes identified in the Comprehensive Guide Plan 2000- Special Area Plans and all zoning changes approved by the City Council from September 3, 2002 through August 19, 2003. AUTHORITY FOR REVIEW City Code Section 11.60, Subd. 2 states that zoning district boundaries aze "established as shown on that certain map entitled "Zoning Map of the City of Eagan, MN", which map is properly approved and filed in the office of the city clerk, hereinafter referred to as the "zoning map". Said map and all of the notations, references and other information shown therein and are hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. The code requires that the Zoning Map be maintained and made available to the public. To approve and file the Zoning Map, the Zoning Amendment process of City Code Section 11.50, Subd. 5 shall be applied. BACKGROUND/HISTORY The last official Zoning Map was published in October 17, 2003. Since the last published map date, the City of Eagan adopted Special Area plans for Special Areas 4 (Central Area) and 5 (Cedar Grove Area). / 9~ The approved Special Area No. 4 plan recommended immediate rezonings for pazcels between I- 35E and Sherman Court from GB-General Business to LB-Limited Business and the pazking azea of Al Baker's restaurant from GB-General Business to PD-Planned Development. The approved Special Area No. 5 plan revised the Special Area boundary, eliminating several parcels from the Special Area in the NE, NW, and SW quadrants of Hwy 13 and Cedar Avenue. As a result, new land use designations were placed on these parcels with Zoning recommendations for consistency. Also, property within Special Area No. 6-Lebanon Hills Regional Park was recently transferred from a private in-holding to Dakota County. The recommended Zoning change for this pazcel is from R-1-Residential Single Family to P-Park. The proposed Zoning Map (Exhibit A) incorporates these recommended rezonings an_ dare shown on Exhibit B and listed in Exhibit C. The proposed map also incorporates all rezonings approved by the Eagan City Council between September 3, 2002 and August 19, 2003. These rezonings are included on the proposed Zoning Map and are listed in Exhibit D. ACTION TO BE CONSIDERED To recommend approval of the City of Eagan, Minnesota Zoning Map for publication incorporating recommended rezonings noted in Exhibit B and C and approved rezonings noted in Exhibit D. / 23 Exhibit A Zoning Map -Proposed The proposed Zoning Map is available for viewing at City Hall- Community Development Department or at the City of Eagan website at www.CityofEagan.com. /9~ Rezonings as Recommended in Approved Special Area Plans Parcel with Proposed Rezoning 0 Special Area Boundary ® Municipal Boundary ~~ Street Centerline /9s EXHIBIT B 5000 0 5000 Feet cRyoFaagan City of Eagan, MN Rezonings as Recommended in Approved Special Area Plans as of September 3, 2002 Exhibit C Land Use Rezoned Rezoned Map ID Owner Name/Tax PIN Guide Ptan From To Comments Special Area No. 4 -Central Area 1 GLEN PONDS III LLC SA GB LB Elimination of General Business zoning to 102310004003 be consistent with surcounding parcels as discussed in Special Area Plan. 2 GLEN PONDS III LLC SA GB LB Elimination of General Business zoning to 102310005103 be consistent with surrounding parcels as discussed in Special Area Plan. 3 GLEN PONDS III LLC SA GB LB Elimination of General Business zoning to 102310005203 be consistent with surrounding parcels as discussed in Special Area Plan. 4 ALBERT E BAKER SA GB PD Elimination of General Business zoning to 100160001201 be consistent with existing use as discussed in Special Area Plan. 5 ALBERT E BAKER SA GB PD Elimination of General Business zoning to 100160002202 be consistent with existing use as discussed in Special Area Plan. Special Area No. 5 -Cedar Grove Area 7 METRO SEWER BOARD OP I-1 PF Special Area designation eliminated as 106715001000 discussed in Special Area Plan. Zoning consistent with new land use designation. 8 FERN PEDERSON BP I-1 BP Special Area designation eliminated as 100180002055 discussed in Special Area Plan. Zoning consistent with new land use designation. 9 FERN PEDERSON BP I-1 BP Special Area designation eliminated as 100180001159 discussed in Special Area Plan. Zoning consistent with new land use designation. 10 FERN PEDERSON BP I-1 BP Special Area designation eliminated as 100180003057 discussed in Special Area Plan. Zoning consistent with new land use designation. 11 METRO SEWER BOARD OP I-1 PF Special Area designation eliminated as 100180001259 discussed in Special Area Plan. Zoning consistent with new land use designation. 12 PERRY & ROBERT KAMPA BP I-1 BP Special Area designation eliminated as 100180001057 discussed in Special Area Pian. Zoning consistent with new land use designation. 13 BRIAN J SAEGER BP I-1 BP Special Area designation eliminated as 106581501001 discussed in Special Area Plan. Zoning consistent with new land use designation. Page 1 of 3 / 96 Map ID Owner NamelTax PIN Land Use Rezoned Guide Plan From Rezoned To Comments 14 NAEGELE OUTDOOR AD INC BP I-1 BP Special Area designation eliminated as 100180001252 discussed in Special Area Plan. Zoning consistent with new land use designation. 15 NAEGELE OUTDOOR AD INC BP I-1 BP Special Area designation eliminated as 100180001350 discussed in Special Area Plan. Zoning consistent with new land use designation. 16 NAEGELE OUTDOOR AD INC BP I-1 BP Special Area designation eliminated as 100180001156 discussed in Special Area Plan. Zoning consistent with new land use designation. 17 METROPOLITAN WASTE CON OP I-1 PF Special Area designation eliminated as 100180001352 discussed in Special Area Plan. Zoning consistent with new land use designation. 18 UNITED STATES OF AMERIC P I-1 P Special Area designation eliminated as 100180001256 discussed in Special Area Plan. Zoning consistent with new land use designation. 19 STATE OF MN P I-1 P Special Area designation eliminated as 100190001228 discussed in Special Area Plan. Zoning consistent with new land use designation. 20 STATE OF MN P I-1 P Special Area designation eliminated as 100190001228 discussed in Special Area Plan. Zoning consistent with new land use designation. 21 NORTHERN NATURAL GAS C P I-1 P Special Area designation eliminated as 100190001328 discussed in Special Area Plan. Zoning consistent with new land use designation. 22 PREUSSE FAMILY LTD PTNS BP I-1 BP Special Area designation eliminated as 105910101001 discussed in Special Area Plan. Zoning consistent with new land use designation. 23 PREUSSE FAMILY LTD PTNS BP I-1 BP Special Area designation eliminated as 105910102001 discussed in Special Area Plan. Zoning consistent with new land use designation. 24 MINNEGASCO BP I-1 BP Special Area designation eliminated as 100190005052 discussed in Special Area Plan. Zoning consistent with new land use designation. 25 PREUSSE FAMILY LTD PTNS BP I-1 BP Special Area designation eliminated as 105910103001 discussed in Special Area Plan. Zoning consistent with new land use designation. 26 NORTHERN NATURAL GAS C BP I-1 BP Special Area designation eliminated as 100190004052 discussed in Special Area Plan. Zoning consistent with new land use designation. 28 Gap parcel-no TaxPIN or owner QP I-1 I-1 Special Area designation eliminated as discussed in Special Area Plan. Zoning consistent with new land use designation. Page 2 of 3 /9 ~ Land Use Rezoned Rezoned Map ID Owner Name/Tax PIN Guide Plan From To Comments Special Area No. 6 -Lebanon Hills 27 DAKOTA COUNTY 100350002154 SA A R-1 No longer private in-holding within Lebanon Hills Regional Park. Recent County purchase of property allows rezoning to Park as disucussed in Special Area Plan. Page 3 of 3 /9 ~` City of Eagan, MN Approved Rezonings Between September 3, 2002 and August 19, 2003 Case No. Development Name/Applicant Rezoning Request NB NB 24-RZ-09-09-02 City of Eagan Mike Ridley 04-RZ-02-03-03 Children's Therapy Center Susan Lacher 36-RZ-01-02-03 Piney Woods Frank Blundetto 36-RZ-03-03-03 Sienna Woods Frank Blundetto 19-RZ-07-04-03 Cedar Grove District Mike Ridley A Rezoning of approximately 12.2 acres from A (Agriculture) to NB (Neighborhood A Business). A Rezoning of approximately 1.5 acres from T T (Transitional) to NB (Neighborhood Business) and a Finat Plat. A rezoning of approximately 4.9 acres from A Agriculture to R-1 Single Family Residential. (Pineywoods) A rezoning from Agriculture to R-1 Single A Family Residential A Rezoning of approximately 128 acres MIXED from Limited Industrial, General Business, Agriculture and Park to CGD (Cedar Grove District). 31-RZ-08-05-03 Bauer Professional Office Bldg. A Rezoning of approximately two acres from T Douglas M. Bauer Transitional to Limited Business. 19-RZ-10-05-03 Outlot A, Four Paws A Rezoning of Outlot A, Four Paws Addition I-1 Pam Dudziak from 1-1, Limited Industrial to R-1, Single Family Residential 16-RZ-11-06-03 Preserve Senior Condo A Rezoning of approximately eight acres A Kurt Manley from Agriculture to R-4, Residential Multiple. 34-RZ-05-04-03 Marcella Woods A Rezoning of approximately 6.5 acres A from Agriculture to R-1 Residential Single Family Rezoned From Rezoned To Approval Date R-1 R-1 CGD Exhibit D 11/07/2002 05/06/2003 05/20/2003 05/20/2003 06/03/2003 LB 07/01/2003 R-1 07/01/2003 R-4 08/04/2003 R-1 08!19/2003 / 99 AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER SEPTEMBER 2, 2003 I. CALL TO ORDER II. ADOPT AGENDA III. CONSENT AGENDA dap/ A. APPROVE MINUTES pao ~ B. SCHEDULE Special Economic Development Authority meetings for September 9 and 16, 2003 IV. NEW BUSINESS V. ADJOURNMENT a~ Agenda Information Memo September 2, 2003 Eagan Economic Development Authority Meeting III. CONSENT AGENDA The following items referred to as consent items require one (1) motion by the Economic Development Authority. If the members would like to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To adopt a resolution approving the minutes of the August 19, 2003 special EDA meeting as presented or modified. ATTACHMENTS: Enclosed on page ~Q~ is a copy of the minutes of the August 19, 2003 special EDA meeting. Enclosed on page 0~ is a copy of the resolution approving the minutes of the August 19, 2003 special EDA meeting. ao~ MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota August 19, 2003 A meeting of the Eagan Economic Development Authority was held on Monday, August 19, 2003 at 9:00 p.m. at the Eagan Municipal Center. Present were President Geagan and Commissioners Carlson, Fields, and Maguire. Also present were Executive Director Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty, Administrative Secretary /Deputy Clerk McGarvey. ADOPT AGENDA Commissioner Tilley moved, Commissioner Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Fields moved, Commissioner Tilley seconded a motion to adopt a resolution approving the minutes of the August 4, 2003 regular EDA meeting as presented. NEW BUSINESS Commissioner Maguire moved, Commissioner Tilley seconded a motion to continue consideration of an Amended and Restated Development Agreement Relating to Tax Increment Financing District No. 1 Between the Eagan Economic Development Authority and U.S. Home Corporation. Aye: 5 Nay: 0 ADJOURNMENT The meeting adjourned at 9:02 p.m. Date Executive Director If you need these minutes in an alternative form such as large print, Braille, audio tape, etc, please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600 (TDD phone: (612) 454-8535. The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. ao~ EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING THE MINUTES OF THE AUGUST 19, 2003 SPECIAL MEETING BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the minutes of the August 19, 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 2"d day of September, 2003. Gene VanOverbeke, Secretary/Deputy Executive Director ao3 Agenda Information Memo September 2, 2003 Eagan Economic Development Authority Meeting B. SCHEDULE SPECIAL ECONOMIC DEVELOPMENT AUTHORITY MEETINGS FOR SEPTEMBER 9 AND 16, 2003 ACTION TO BE CONSIDERED: To schedule a special Economic Development Authority meeting(s) for September 9 and 16, 2003. FACTS: In addition to the previously approved assignment of the development rights and obligations, US Home Corporation is requesting some changes to the Development Agreement. Staff has been working with U.S. Home Corporation to review the requested modifications and will present them to the City Council for review at the September 9, 2003 City Council Workshop. In order to facilitate fall grading, if the proposed changes are in order on September 9, the developer has asked for consideration of scheduling a special EDA meeting on that night to consider an amended and revised TIF development plan. If the proposed changes give rise to additional Council direction, staff will work with US Homes to finalize the amended and revised TIF development plan that may be in order for consideration by the EDA by September 16, 2003. ao~ ., ~ N ~ Cky of Eagan Fee: s2S.00 ~~- ~ ` ' _~:~ 3x30 Pitt Snob Road APPLICATION FOR. LICENSE License year ~' ~,, j Eagaa, MN SS122-Iis97 TREE MAINTENANCE CONTRACTOR For bdtvidual, partnership or corporatbn who tot, trim, prone, remove spray or treat trees. I, (~~e.~p 2~ 04yo~~ r' hereby make appikatbn for a TREE MAIIVTENANCE CONTRACTOR licease for the year'7~ 2 ~ from the City of Eagan. OVF'NER: PA~~.n Q, OR ~~ ~~ i ADDRESS: t~~-F.~ 5ac~.a.~ ~g ~~:r~.~ PAONEI to•~. - 331o->~,to (street) (dry) (state) (sip) BUSINESS NAME: U ~~axt, nMn~.-~..~:7~ Ir~C-ADDRESS: \~~ (,t,,,,~„~~ 1~2 PHONE / to i ~-i{~;- ~33~ (Str'eet) A48~ J~tt_~s_Y y\n,y S~Zy (city) (state) (zip) EMPLOYEES PERFORMING TREE MAINTENANCE: Name: 5~~~~ Q~~-.. ~v~'cf (ttrst) (middle) (last) , Name: jc~fz _Q ~ ~et~ Ac ~-0 ;~~ ~,~~~ (first) (mkldk) (last) Name• (first) (middk) (last) Name: (first) (middle) (last) (ATTACH ADDITIONAL NAMES) VEHICLES USED FOR TREE MAINTENANCE: Gear) (make) A ~Dl~~ number) ~ ~-3Sa ~'~ ~ 1J ~tg ~ (Dame) Vear) (make) (model) picense number) (name) (year) (make) (ATTACH ADDITIONAL VEAICLE II~iFORMATION) (model) nomber) EQLTIPII'IENT USID FOR TREE MAWTENANCE: (e.g., stump grinder, brash clipper. chainsaws, spryer, etc.) ~t~~ Cat-~-,r~S~ ~- (name) (tonctbn) . CtMk~~} 6,C~ (Dame) (functbn) (ATTACA ADDITIONAL EQUIPMENT >TIFORMATION) REFERENCES OF PREVIOUS CLIENTS: 1,,,~m..~~ N.4,w~: 3;vr~ rz.Rarr ~ X0.3 ia~ ~t,N+'; Svf~ L 2r: L (name) (address) ~ `~^'~ S,h~in.) ko.a.A- ~ ~~ C. Usv`~- CA~..~~ t~.t.rrn.3 (name) (address) REQUIRED DOCUMENTATION: 1. ~// LabiUtp huurance fo the folbwin~ amounts: • =100,000 for bodily htjurks to one person Aram one acddent. • 6300,000 for inJury of two or more persons • 6200,08D for damage or destrodba of property Insurance may not be eancekd by insurer aniess tberc b 10 daps written aotke to the dty. It insurance b ancekd, Ikensee mast repiaoe with another pocky whkb conforms to ordinance regn[rements. 'ILe license k suspended until / insurance is replactd. Z. ~// Worker's oompensatbo hisnrance arttikate -when ry ~ snch Insurance b required by state statute. 3. /~I ~~ Cert[tlcatbn by Agronomy Divtsbn of Minnesota Department of Aprkulture as a Commercial Pestkide Applicator must be provided by the appliant or empbyee adroin[sterin~ chemkal substances. SIGNATURE OF APPLICANT: 6tSz- ~~L- ~,3z~ (phone n ~c'3 ~ ` (0~3 - °t"tU i (phone /') (signature) (title) (date) OFFICE USE: Date PaW: Recdpt /: Amount r+ecdved: City CouneII Approval: (date)