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11/06/2003 - City Council Regular
AGENDA EAGAN CITY COUNCIL - REGULAR MEETING s EAGAN MUNICIPAL CENTER BUILDING NOVEMBER 6, 2003 6:30 P.M. 1. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA 2 A. APPROVE MINUTES f S B. PERSONNEL ITEMS /9C. CHECK REGISTERS D. APPROVE Off-Sale Liquor License for Sivart, Inc. E. APPROVE the Early Retirement of 1995C and 1993D Series Bonds as of February 1, 2004 F. APPROVE Resolution to Issue and Sell $2,040,000 General Obligation Improvement Refunding Bonds, Series 2004A, and Approve Retirement of the Outstanding General Obligation Improvement Bonds, Series 1995A and 1996A. 31 G. APPROVE 2004-2008 CIP Part It Vehicles and Equipment 315H. APPROVE Emergency Preparedness Network Services Agreement with Qwest 1y7 I. APPROVE the 2004 Funding Application to Dakota County for the Community Landfill Abatement Funds tJ. APPROVE Final Subdivision, Gardenwood Ponds Sixth, Ray Brandt Engineering 1, S6 K. APPROVE Hauler Licenses for Construction/Demolition Debris r~ r L. APPROVE Traffic Signal Agreement with Dakota County Transportation Department for the Intersection of Lexington Avenue & Cliff Road M. APPROVE Resolution Requesting Advance from Municipal State Aid Road Program F N. RECEIVE Feasibility Report and Schedule Public Hearing for Project 896 (Lakeside Estates - P Street Overlay) ~SS O. RECEIVE Feasibility Report and Schedule Public Hearing for Project 897 (Wilderness Park 2°d & 3rd Adds - Street Overlay) P. ACKNOWLEDGE Completion and Authorize City Maintenance of Contract 01-N, Manley Addition Q. ACKNOWLEDGE Completion and Authorize City Maintenance of Contract 01-Q, Perron Acres R. ACKNOWLEDGE Completion and Authorize City Maintenance of Contract 02-C, Nature's Edge ~S5 S. RECEIVE Petition and Order Public Hearing to Vacate Easement - Murphy Farm 3rd Addition p P.-JR T. RENEW Winter Trail Maintenance Contract with Magnum Co., LLC U. AUTHORIZE Feasibility Report, Project 901 - Blue Cross Well Field Development WL94, V. APPROVE Extension to Development Agreement for Project 01-G, Safari at Eagan 3rd Addition W. APPROVE correspondence to the Metropolitan Airports Commission (MAC) to voice opposition F&(p towards the relocation of the Minnesota Army National Guard to the MSP Airport, per the recommendation of the Airports Relations Commission. 0X. APPROVE Open Space Agreement for Kohl's Department Store p VY. APPROVE the 2004 Operating Budget for the Eagan Convention and Visitor's Bureau ptyyZ. ACKNOWLEDGE Completion and authorize final payments; various contracts for Eagan Community Center SS AA. ACCEPT Donation of Flags from Eagan American Legion Post 594 g BB. ACCEPT Donation of Horse-Drawn Wagon from Carol Thomas f' CC. APPROVE Tobacco License for Boji Wine and Spirits V. ` PUBLIC HEARINGS 9;L A. CERTIFICATION of Delinquent Utility Bills to Dakota County CERTIFICATION of Delinquent False Alarm Bills to Dakota County C. VARIANCE, Todd Wagner - A Variance request to the size and height of an accessory building on Lot 4, Block 9, Cedar Grove No. 8, located at 1745 Sartell Avenue in the NE '/4 of Section 20 1 D. VARIANCE, Dana and Shelly Melroe - A Variance request to exceed the 20 percent building lot coverage allowed in a single family development on Lot 10, Block 1, Lexington Point 8's Addition, located at 957 Wildflower Court in the NW '/4 of Section 26. / Id 9 E. PROJECT 886 -Lone Oak Road (Trunk Water Main) n /p F. VACATION -Portion of Dodd Road, South of Cliff Road VI. OLD BUSINESS 7 Y A. RECONSIDERATION of a Variance Request - Duane Olson VII. NEW BUSINESS / 0 A. PLANNED DEVELOPMENT AMENDMENT - MWP INVESTORS, INC. - A Planned Development Amendment to allow a currency exchange service on Lot 2, Block 3, Rahncliff 2°d Addition, located at 1070 Rahncliff Road, Suite 100 in the NW of Section 32. ? B. PRELIMINARY SUBDIVISION - LARSON PROPERTIES, LLC - A Preliminary Subdivision (Eagandale Center Industrial Park No. 19) to create two lots, located at 3000 Denmark Avenue in the NE I of Section 10. 03C. ORDINANCE AMENDMENT - CITY OF EAGAN - An Ordinance Amendment to amend Chapter 11 Entitled "Land Use Regulations (Zoning)" Section 11.60, Subd. 13, Community Shopping Center District to Allow Pawn Shops. VIII. LEGISLATIVEIINTERGOVERNMENTAL AFFAIRS UPDATE IX. ADMINISTRATIVE AGENDA n a~ X. ECONOMIC DEVELOPMENT AUTHORITY rpm XI. OTHER BUSINESS XII. VISITORS TO BE HEARD (for those persons not on the agenda) XIII. ADJOURNMENT XIV. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. =MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 6, 2003 SUBJECT: AGENDA INFORMATION FOR NOVEMBER 6, 2003 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the November 6, 2003 City Council agenda, the following items are in order for consideration. I Agenda Information Memo November 6, 2003 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the October 21, 2003 regular City Council meeting and the October 14, 2003 special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the October 21, 2003 regular City Council meeting are enclosed on pages 3 through • Minutes of the October 14, 2003 special City Council meeting are enclosed on pages through. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL 11 r Eagan, Minnesota October 21, 2003 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting in the Community Room of the Eagan Municipal Center. There were no citizens who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, October 21, 2003 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. 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 City Administrator Hedges discussed three additional items for the Consent Agenda. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS DIAMOND T RANCH / CAROL THOMAS The City Council recognized Carol Thomas and the Diamond T Ranch for their 32 years as a unique business in the City of Eagan. Mayor Geagan presented Ms. Thomas with a Certificate of Appreciation. CONSENT AGENDA Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay:0 A. Minutes. It was recommended to approve the minutes of the October 7, 2003 regular City Council meeting and the October 7, 2003 Listening Session as presented. B. Personnel Items. 1. It was recommended to approve a Time Spent Profile (TSP)/Market revision from exempt range G to exempt range I for the Assistant to the City Administrator position. 2. It was recommended to approve a Time Spent Profile (TSP)/Market revision from non-exempt range H to exempt range J for the City Clerk / Administrative Services Coordinator position. 3. It was recommended to approve a title change for the current Senior Planner position to that of City Planner. C. Check Registers. It was recommended to ratify the check registers dated October 9, 2003 and October 16 as presented. D. Cooperative Agreement. It was recommended to approve a Cooperative Agreement or the Dakota County Community Development Block Grant Program. E. Joint Powers Agreement. It was recommended to approve a Joint Powers Agreement that would allow the City of Eagan to continue its participation in the Dakota County Drug Task Force. F. Ordinance Amendment. It was recommended to direct the City Attorney's office to prepare an ordinance amendment to Chapter 5, entitled wine, beer and liquor licensing and regulation regarding liquor license fees. G. Temporary On-Sale Liquor License. It was recommended to approve a temporary on-sale liquor license for Faithful Shepherd Catholic School and waive the $150.00 license fee. H. Temporary On-Sale Liquor License. It was recommended to approve a temporary on-sale liquor license for the Southwest Area YMCA and waive the $150.00 license fee and wristband requirement. 3 Eagan City Council Meeting Minutes L)RA F October 7, 2003 Page 2 1. Private Well Permit. It was recommended to approve a permit for a 6" private well to Thomson West Group for Lot 11, Block 1, West Publishing 4d' Addition subject to the installation of a backflow preventer immediately above the City's water meter. J. Project 900. It was recommended to authorize the preparation of a Feasibility Report by City staff for Project 900 (I-35E Trunk watermain crossing). K. Minnesota Grow Program. It was recommended to approve authorization for Economic Development Commission members and staff to participate in the Minnesota Chambers of Commerce Grow Minnesota Program through the Northern Dakota County Chambers of Commerce. L. EAW. It was recommended to approve comments on an Environmental Assessment Worksheet for a residential development ("The Bluffs") in Western Mendota Heights within noise zone 4 as define by the Metropolitan Council Aviation system plan, per the recommendation of the Eagan Airport Relations Commission. M. Engagement Letter. It was recommended to approve the engagement letter with Kern, DeWenter, Viere, Ltd. to provide auditing services for the year ending December 31, 2003. N. Extension for Recording Final Plat. It was recommended to approve an extension of time to record the final plat for Kennerick 2nd Addition, located north of Lone Oak Road and west of Pilot Knob Road in the SE '/4 of Section 4. 0. Extension for Development Contract Completion Date. It was recommended to approve a one year extension for installation of a berm described in the Development Contract for the Diffley Plaza subdivision, located at the South West comer of Diffley Road and Johnny Cake Ridge Road. (Staff was directed to send a letter to adjacent property owners noting them of the Council's action) P. ECVB Extravaganza. It was recommended to approve a waiver of rental rates for the ECVB's use of the Oaks rooms for an event that will promote and market the Oak rooms at the ECC. Q. Telecommunications Lease Agreement. It was recommended to approve the telecommunication lease agreement with AT&T Wireless Services of MN, Inc. for an antenna installation on the Safari Reservoir located at 2091 Royale Drive and authorize the Mayor and City Clerk to execute all related documents. R. Worksession. It was recommended to change the November IP worksession to November 12, 2003. S. Retreat. It was recommended to set a City Council retreat for October 27, 2003 at 5:00 p.m. at Moonshine Park. T. NOISE. It was recommended to appoint Community Development Director Hohenstein as alternate to the NOISE Committee. NEW BUSINESS REZONING TO PRELIMINARY PLANNED DEVELOPMENT, PRELIMINARY SUBDIVISION (EAGAN GROVE) AND VARIANCE -MENDOTA HOMES INC. City Administrator Hedges introduced this item regarding a rezoning to preliminary planned development for construction of nine detached townhome units upon 2.55 acres plus a preliminary Subdivision including a variance to the maximum cul-de-sac length east of Dodd Road and south of Wescott Road. City Planner Ridley gave a staff report. A representative of the applicant was present to answer questions of the Council. Councilmember Maguire moved, Councilmember Fields seconded a motion to approve a Rezoning to Preliminary Planned Development for construction of nine detached townhome units upon 2.55 acres located east of Dodd Road and south of Wescott Road in the NE '/4 of Section 24, subject to the following conditions: Aye: 5 Nay: 0 1. The applicant and/or developer shall enter into a Preliminary Planned Development Agreement with the City, to be recorded with the County Recorder's office. The following exhibits are required for the Preliminary Planned Development Agreement: • Preliminary Site Plan • Preliminary Building Elevations • Preliminary Landscape Plan • Preliminary Site Lighting Plan i Eagan City Council Meeting Minutes October 7, 2003 DRAFr Page 3 2. The applicant/or developer shall enter into a Final Planned Development Agreement with the City, to be recorded with the County Recorder's office. The following exhibits are required for the Final Planned Development Agreement: • Final Site Plan • Final Building Elevations Plan • Final Landscape Plan • Final Site Lighting Plan 3. The property shall receive final subdivision/plat approval prior to building permit issuance. 4. The term of this Planned Development shall be five years. 5. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a townhome association. The documents shall be submitted and approved by the City Attorney's office prior to final subdivision approval. Transfers of common areas to the townhome association shall be recorded with the subdivision. 6. Building setbacks on the perimeter of the site shall not be less than 40 feet from Dodd Road, 25 feet from the private street, and 15 feet from adjacent property to the north and south. Minimum side yard setbacks shall be 10 feet for the house and 5 feet for the garage. The dimensions of all setbacks shall be shown on the Final Site Plan. 7. As required by City Code, driveways shall not be more than 22 feet wide at the curb line. The driveway width should be revised to comply with this standard on the Final Site Plan. 8. The Final Building Elevation plans shall identify specific exterior materials and colors to be utilized. At least two color schemes shall be used throughout the development. 9. The Final Landscape Plan shall be revised to reflect the revised and approved base site plan. All plant materials shall meet the minimum specifications of the City's landscape ordinance, and all landscaped areas shall be served with automatic irrigation. 10. Maintenance of the landscaping shall be the responsibility of the development's townhome association. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision (Eagan Grove), including a Variance to the maximum cul-de-sac length, to create ten lots for nine detached townhome units upon the same 2.55 acres, 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, 133, B4, C1, C2, C4, D1 and E1. 2. The property shall be platted. 3. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a townhome association. The documents shall be submitted and approved by the City Attorney's office prior to final subdivision approval. Transfers of commons areas to the townhome association shall be recorded with the subdivision. 4. The developer shall be responsible for obtaining easements from adjacent properties allowing for grading off-site. 5. The developer shall be responsible for construction of the proposed storm water pond within Eagan entirely within the development boundaries to accommodate the development's storm water runoff quality and rate control. 6. The developer shall be responsible for the extension of 12 inch diameter trunk water main through the property within Inver Grove Heights, in accordance with the Eagan Water Supply and Distribution Plan (1996). 7. The developer shall connect the proposed lateral water main within Eagan to the trunk water main along Highway 149 within Inver Grove Heights, in accordance with City engineering standards. 8. The developer shall be responsible for the revisions to the existing pavement markings on Dodd Road to accommodate the private street intersections. 9. The private streets within the development shall be constructed to a minimum width of 28 feet (face-to-face of curb). 10. The developer shall be responsible for petitioning the City to vacate the portion of the right-of-way of Dodd road proposed to be incorporated into the final plat. If approved, the right-of-way shall be vacated prior to the final subdivision / plat of this development. S Eagan City Council Meeting Minutes October 7, 2003 Page 4 q F 11. This development shall construct four ponds to treat storm water from 4.1 acres of the site. The ponds shall have minimum wet-pond volumes and areas according to storm water runoff and storage models that are acceptable to the City. The treatment ponds shall be constructed according to NURP standards with a maximum depth of 6 feet and a 10:1 aquatic bench from normal water levels. 12. In lieu of ponding to treat storm water runoff from 1.6 acres, a cash dedication shall be required. The amount is to be determined by the City Water Resources Coordinator, and is payable at the time of final plat. 13. The Final Landscape Plan shall be revised to reflect the revised and approved base site plan. All plant materials shall meet the minimum specifications of the City's landscape ordinance, and all landscaped areas shall be served with automatic irrigation. 14. Maintenance of the landscaping shall be the responsibility of the development's townhome association. 15. This proposal shall be subject to a cash parks dedication and cash trails dedication, payable at the time of final plat at the rates then in effect. 16. In accordance with the Joint Powers Agreement between the cities of Eagan and Inver Grove Heights, park fees shall be paid to Eagan for the units in Inver Grove Heights, prior to Inver Grove Heights' release of the plat for recording. 17. If Inver Grove Heights does not approve the proposal; all necessary storm water ponding for the development within Eagan shall be provided in accordance with City of Eagan water quality and engineering standards and requirements. 18. If Inver Grove Heights does not approve the proposal, the development shall provide a private street turnaround at the easterly end of the development in accordance with City of Eagan standards. 19. Additional landscaping and signage shall be provided at the northern end of the cul-de-sac in Inver Grove Heights to provide a barrier at the dead-end of the private street adjacent to Dodd Road. ADMINISTRATIVE AGENDA Temporary On-sale Liquor License / Ss Martha and Mary Episcopal Church: City Administrator Hedges discussed a request by Ss Martha and Mary Episcopal Church for a temporary on-sale liquor license for a fundraiser planned for November 1, 2003. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a temporary on-sale liquor license for Saints Martha and Mary Episcopal Church and waive the $150 license fee. Aye: 5 Nay: 0 Minnesota Manufacturers Week: Councilmember Fields moved, Councilmember Tilley seconded a motion to declare October 20-24 as Minnesota Manufacturers Week in the City of Eagan. Aye: 5 Nay: 0 Resolution - Anderson Parcel/Dakota County Farmland and Natural Area Grant: City Administrator Hedges introduced this item regarding a request by the Trust for Public Land for consideration of a resolution for support for the Dakota County grant application being submitted in partnership by TPL and Friends of Patrick Eagan Park for the preservation of the Anderson parcel. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve a resolution of support for the Dakota County grant application being submitted in partnership by the Trust for Public Land and Friends of Patrick Eagan Park for the preservation of the Anderson parcel. Aye: 5 Nay: 0 Councilmember Maguire moved, Councilmember Tilley seconded a motion to recess the regular City Council meeting at 7:10 p.m. and immediately convene a meeting of the Economic Development Authority. Aye: 5 Nay: O Councilmember Maguire moved, Councilmember Tilley seconded a motion to reconvene the regular City Council meeting at 7:40 p.m. V I Eagan City Council Meeting Minutes October 7, 2003 R/q F Page 5 OTHER BUSINESS RESOLUTION APPROVING AMENDED AND RESTATED DEVELOPMENT AGREEMENT RELATING TO TAX INCREMENT FINANCING DISTRICT NO. 1 BETWEEN THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND U.S. HOME CORPORATION City Administrator Hedges discussed this item regarding modifications to the Nicols Ridge Housing Project, previously discussed during the Economic Development Authority meeting. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve modifications of the architecture and finishes, phasing and performance timelines for the Nicols Ridge Housing Project. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 7:45 p.m. Aye: 5 Nay: 0 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. MINUTES OF A SPECIAL CITY COUNCIL WORKSHOP OCTOBER 14, 2003 CITY HALL COMMUNITY ROOM Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, Maguire, and Tilley. Staff members: City Administrator Hedges, Assistant to the City Administrator Lord, Director of Administrative Services VanOverbeke, Public Works Director Colbert, Superintendent of Recreation Asfahl, Cascade Bay Facility Manager Hunter and Director of Community Development Hohenstein. 1. TOUR - OLD TOWN HALL The City Council met with members of the Historical Society consisting of Martin DesLauriers, Gin Knight, Alyce Bolke and staff to the Historical Society Joanna Foote, the City's Communications Coordinator. Communications Coordinator Foote provided a summary of the displays and shared comments about the public Open House that the Historical Society held on September 21 at the Old Town Hall. Historical Society Member Knight explained the new filing system the Historical Society has developed to organize information on local families and other information of historical purpose that can be made available for access by the public. Historical Society Member DesLauriers stated that adequate space is an ongoing problem for the Historical Society. DesLauriers added that if the City Council is not able to make arrangements for more storage, it might be in the best interest of the City to give the historical documents to another entity, such as the County Historical Society. He stated that Historical Society Member Wachter has a plan to add onto the west side of the Old Town Hall with a space to be designated for storage purposes. City Coucilmember Carlson stated a concern that any addition to the Old Town Hall building could impact the historical integrity of the building. Historical Society Member Knight also emphasized the need for storage, stating that maps, farm relics and artifacts are being donated to the Historical Society and should not be stored in the Old Town Hall. Mayor Geagan summarized the concerns of the Historical Society to be: 1) what will happen to the future of the Eagan Historical Society to attract new members; 2) what will happen to the donation of historical artifacts; and 3) how can the City provide additional storage space for the Historical Society. City Councilmember Carlson stated that one possibility would be to move the Brown house from the property on Lone Oak Road now owned by the Copelands to Thresher Fields, which could be restored for historical preservation and used for storage. Mayor Geagan suggested that a City Councilmember or members meet with the Historical Society regarding the possibility of the house being used for storage at a later date. Mayor Geagan and City Councilmember Carlson volunteered to be the City Councilmember representatives on the Historical Society. Special City Council Workshop Minutes October 14, 2003 Page 2 City Administrator Hedges stated that with the Diamond T Ranch closing, the City Council is planning to recognize and honor Carol Thomas and the Diamond T Ranch under Recognitions at the October 21 City Council meeting. He further stated that the City is hopeful that Ms. Thomas will donate an artifact from the Diamond T Ranch to be preserved by the City as part of its historical heritage. City Councilmember Carlson suggested that the City ask Ms. Johnson to consider the donation of a horse-drawn wagon that could be used for 4`h of July parades and other community events memorializing the Diamond T Ranch and its contribution to the community. The City Administrator was asked to contact Carol Thomas with an invitation to the meeting on October 21 and to pursue the donation of the wagon or some other historical artifact. Mayor Geagan thanked the Historical Society members for their dedication and commitment. II. ROLL CALL AND AGENDA ADOPTION Councilmember Maguire moved; Councilmember Tilley seconded a motion to adopt the agenda as presented. Aye: 5 Nay: 0 City Administrator Hedges summarized the meeting at Old Town Hall, which took place at 4:30 p.m., prior to the regularly scheduled workshop. Hedges noted that the City Council, along with the Historical Society, discussed the group's artifacts and storage space. The City Council also concurred that Mayor Geagan and Councilmember Carlson would represent the Council in meeting with the Historical Society to discuss historic homes within the community, including the house on Lone Oak Road currently located on property owned by the Copelands. Hedges also noted that the Council, along with the Historical Society, wishes to acknowledge the closing of Diamond T Ranch by pursuing the retention of an artifact from the ranch. Councilmember Carlson offered to meet with Carol Johnson and City Administrator Hedges on behalf of the City Council. III. VISITORS TO BE HEARD Dave Rugg, an Eagan resident, offered techniques on ways to improve City business, as was referenced in the article he provided in the City Council's packet. Mr. Rugg also offered City Administrator Hedges a book on organizational performance, based on the theory of total quality management. IV. REVIEW BY-LAWS OF SENIOR PROGRAM DEVELOPMENT COMMITTEE City Administrator Hedges introduced the item, calling the Council's attention to Article II of the bylaws, which denote the responsibilities of the Eagan Senior Program Board. The City Council discussed the bylaws. Superintendent of Recreation Asfahl noted that there are currently four to five active senior members and they are looking for applicants to be appointed to the Board. Asfahl also informed the Council that the seniors had reviewed the bylaws numerous times. The Council recommended that the following statement be removed from the bylaws: "An individual must be an active member in good standing." The Council also requested that it clearly be stated that a member must be an Eagan resident. Councilmember Maguire offered his notes with comments to Superintendent Asfahl for further comments. The Council also directed that the bylaws state that in the Special City Council Workshop Minutes October 14, 2003 Page 3 event a change is made to the bylaws, the City Council must approve the change. There was Council consensus to change the name of the Board to "Eagan Senior Program Advisory Board." Mayor Geagan moved; Councilmember Maguire seconded a motion to approve the bylaws. Aye: 5 Nay: 0 V. REVIEW COMMISSION APPOINTMENT AND VACANCIES POLICY City Administrator Hedges introduced the item noting that the information provided at tonight's workshop is intended as a starting point to discuss the process for Commission appointments. Depending on the outcome of the discussion, the Council may then wish to direct an ordinance amendment and/or formation of an official City policy regarding the appointments of advisory commissions. Hedges thanked Claudia Liddle, Eagan High School student and current intern for the City, for her work in researching the information presented tonight. Hedges also thanked Assistant to the City Administrator Lord for overseeing the gathering of the information. The City Council discussed the appointment process for City commissions. There was Council consensus to advertise for commission openings year-round, with an emphasis in advertising the quarter before appointments are made. The Council requested that the commission application be placed on the City's website. There was Council concurrence to conduct interviews for commission appointments in April of each year. The City Council discussed whether or not to conduct background or reference checks on applicants. The Council directed staff to obtain the legal opinion from the City Attorney regarding the parameters for background or reference checks of commission applicants. It was suggested that if background checks were conducted, the information obtained could be viewed solely by the Human Resources Director and police, therefore not needing to go to the City Council. There was Council consensus that if it is legal to conduct background and/or reference checks on commission applicants, the Council only would like to be aware of "high level offenses." Council directed staff to inquire with the City Attorney regarding background checks. The City Council discussed the timeline and process for interviewing applicants. There was Council consensus to conduct the interviews in April with the first night beginning at 5:30 and ending at 9:00 p.m. Depending on the volume of applicants, additional interview nights would be scheduled accordingly. The Council agreed to appoint the new commissioners at the second meeting in April. There was City Council consensus to prepare questions for each interview based upon the commission the applicant is seeking appointment. Questions are to be open-ended; in the event that a commissioner does not identify a preference for which commission to serve on, a mix of questions could be asked of that applicant. The City Council discussed the voting process for appointing commissioners. There was Council consensus to appoint new commissioners at the second meeting in April. The City Council also agreed that in the event of a stalemate after three rounds of voting, the Mayor shall be given the authority to make the appointment. The Council also noted the success of the current ballot being used, and requested that same ballot be used during the next commissioner appointment process / D i Special City Council Workshop Minutes October 14, 2003 Page 4 The City Council discussed the orientation process for new commissioners. In addition to the current orientation provided, the Council also suggested that a one-hour workshop be held before each first meeting of the individual commissions. That one-hour workshop would be an opportunity for new and old commissioners to interact, and also be an opportunity for new commissioners to get to know their commission's staff liaison. The City Council discussed the process they would like to use in the appointment of commissioners to vacancies. There was Council consensus that the alternate should be asked to fill a vacancy that occurs due to a resignation. That alternate filling the vacancy would then fill the position for the remainder of the year. Therefore, the remainder of the term in which the alternate filled would then be voted on in the following year's organizational business. There was Council consensus that if a vacancy occurs after January 1St, and an alternate has already filled another vacancy, that vacancy would not be filled until the following organization business meeting. The City Council discussed the process they would like to take in the event that an alternate has already filled a vacancy, and another vacancy occurs on that commission. The Council concurred that in the event a vacancy occurs prior to January 1St, that vacancy shall be filled by an applicant that has already been interviewed, but had not been appointed to a commission. The Council noted that in the event that there are less than two applicants remaining in the applicant bank, the vacancy would then be advertised and reappointed. The City Council discussed guidelines and expectations for commissioners. The Council requested that these guidelines be discussed during the orientation process. The City Council discussed a formal attendance policy. It was the Council's consensus that in the event a commissioner is absent from three meetings in a row, he or she shall be removed from the commission. The Council also requested that attendance records be included in the commission meeting minutes. The City Council discussed budgets and funding requests of commissions. There was Council consensus to leave the current budget system in place. The City Council noted that existing members of commissions need to be contacted regarding the extension of their terms so that appointments can be made in April. This item shall be scheduled for an upcoming regular meeting. The City Council also requested that the advisory nature of commissions be emphasized during the orientation process. In particular, commissioners should not be stating that they are "acting on behalf of the City." The City Council requested that the consensus made at tonight's meeting be formulated into a City policy for future Council consideration. VI. CONSIDERATION OF TRAIL INSTALLATION & MAINTENANCE City Administrator Hedges introduced the item, noting that at the September 16 City Council meeting the Council directed staff to provide background information regarding the future trail along Federal Drive (Yankee Doodle Road to Blackhawk Lake Drive) and Blackhawk Hills Road (Blackhawk Lake Drive to 600 feet west). Public Works Director Colbert provided a staff report on the item. The City Council discussed the value of the new trail. The Council discussed Special City Council Workshop Minutes October 14, 2003 Page 5 priorities within the trail system, as well as the Trail Master Plan. The City Council directed staff to prepare a map showing the Trail Master Plan, to include which sections have been completed and which have not. The Council noted that a determination on the new trail installation at Federal Drive and Blackhawk Hills Road could be discussed at the same time the CIP is discussed in the spring. VI. WINTER TRAIL MAINTENANCE FOR COMMUNITY CENTER & CENTRAL PARK City Administrator Hedges introduced the item, noting that with the recent opening of the Community Center and the completion of the Central Park facilities, the issue of the winter trail maintenance of the related sidewalks and trails should be addressed. Councilmember Fields moved, Councilmember Carlson seconded a motion to authorize the winter trail maintenance for the Community Center and Central Park. Aye: 5 Nay: 0 The City Council discussed the funding to maintain the trails in the winter. Councilmember Fields moved, Councilmember Tilley seconded a motion that the trail maintenance be funded through Parks and Recreation. Aye: 3 Nay: 2 (Mayor Geagan and Councilmember Maguire opposed.) VII. REVIEW PROPOSED 2004 PUBLIC UTILITY ENTERPRISE FUND BUDGETS City Administrator Hedges introduced the item, and explained the revenue and expense summaries as prepared for the City Council. The City Council reviewed the enterprise fund budgets for: water, sanitary sewer, street lighting, storm drainage, and water quality. After discussing the budgets, which included a discussion about retained earnings, City Administrator Hedges noted that the budgets would be brought back to the City Council for final ratification in December, along with the other City budgets. VIII. REVIEW 2004 CASCADE BAY BUDGET City Administrator Hedges introduced the item noting that the preliminary 2004 budget is balanced at $1,142,600, a 1.1 % increase over the 2003 budget of $1,130,200. The City Council discussed the public policy questions related to the budget, including the debt service payment requirements of the City, which includes repayment for the generator costs. The City Council discussed funding mechanisms to pay the Cascade Bay debt and also discussed exploring ways to attract the teen demographic to Cascade Bay. Councilmember Maguire recommended that staff look to other cities to see what they have done to attract teens to their water parks. City Administrator Hedges noted that formal consideration of the Cascade Bay 2004 budget would be included on an upcoming City Council regular meeting agenda. Special City Council Workshop Minutes October 14, 2003 Page 6 IX. REVIEW QUESTIONS TO 2004 GENERAL FUND OPERATING BUDGET The City Council discussed the Central Park skating pond. The Council inquired about how much heat will be used to heat the gazebo in the winter. The Council asked that information about heating the gazebo be included in an upcoming Informative Memo. The City Council discussed skating attendants at Lexington, Ridge Cliff, and Carnelian skating ponds. There was Council consensus to place the lights on timers at the Lexington Park skating rink. There was also consensus to put back $6,600 into the budget to fund skating attendants at Ridge Cliff and Carnelian skating locations. The City Council discussed the 4th of July celebration and directed staff to adjust the 2004 General Fund budget to include an appropriation to provide for a community celebration at the same level as was held in 2003. The City Council discussed the 4th of July celebration at Central Park. The Council provided direction to staff to research a permanent electric location at Central Park and provide the Council with further information about costs, locations, etc. The Council encouraged staff to work with 4th of July Committee Chair Raleigh Seelig to obtain this information. The Council also recommended that the Parks and Recreation CIP be used as a funding source for a permanent electric location, should the Council approve the expenditure. The City Council discussed user fees, and particularly whether to raise user fees to the median in comparable cities. Council provided direction to staff to research the median and mean user fees in comparable cities for each fee provided in the City's fee schedule. The Council also asked for a breakdown on how adjustments to the user fees would affect the 2004 budget. The City Council discussed fees for Parks & Recreation recreational programs. The Council noted that Parks & Recreation staff should be provided with a median fee amount in order to allow the staff to decide which fee adjustments are most appropriate. The City Council discussed raising the liquor license fees in the City. Per staff's recommendation, the Council directed that an ordinance amendment regarding liquor licenses be placed on the October 21 City Council agenda to take action to direct the City Attorney's office to prepare an ordinance amendment to Chapter 5 entitled, Wine, Beer and Liquor Licensing and Regulation regarding liquor license fees. X. OTHER BUSINESS City Administrator Hedges noted that per the request of Friends of Patrick Eagan Park, a resolution has been prepared in support of Patrick McCarthy's application to Dakota County for the preservation of the McCarthy Farm. Councilmember Maguire moved, Councilmember Tilley 13 Special City Council Workshop Minutes October 14, 2003 Page 7 seconded a motion to approve a resolution in support of Patrick McCarthy's application to Dakota County for preservation of the McCarthy Farm. Aye: 5 Nay: 0 The City Council inquired whether Friends of Patrick Eagan Park submitted a Dakota County grant application for the Anderson parcel. City Administrator Hedges informed the Council that he would inquire with the Friends of Patrick Eagan Park and contact the City with a response to their question. XI. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 9:00 p.m. Date City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tapes, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, 651-675-5001, (TDD phone: 651-675-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. Agenda Information Memo November 6, 2003 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Fire Chief ACTION TO BE CONSIDERED: To approve the appointment of Robert Kriha as Fire Chief, effective December 3, 2003. FACTS: • According to the current bylaws and constitution of the Eagan Fire Department, an appointment process for the position of Fire Chief occurs every four years. • This year, as per requirements, a Fire Chief Selection Committee, consisting of ten members representing the Fire Department, City Administration and a Fire Chief from another municipality was established in September. Applications for the position were solicited and three candidates applied for the position. The candidates participated in an in-basket written exercise, an oral presentation, and an interview by the committee. • The committee is recommending that Robert Kriha be appointed Fire Chief, effective December 3, 2003. • The regular City Council meeting prior to and closest to that date is Monday, December 1, 2003. The formal swearing in ceremony is planned to take place at that meeting (again, to be effective on December 3, 2003). Item 2. Guest Services Rep/Community Center- ACTION TO BE CONSIDERED: To approve the hiring of Crystal Stevenson as a Guest Services Rep at the Community Center. Item 3. Flex Spending Plan/Maximum Health Expense Deduction ACTION TO BE CONSIDERED: To approve a maximum deduction amount of $3,000 beginning in calendar year 2004 for medical expenses under the City's Flex Spending Plan. FACTS: • The current maximum deduction allowed for medical expenses not covered under the City's health insurance is currently $2,500. • Because of increased costs over the last few years for medical expenses and because the government is now including over the counter drugs as eligible expenses for reimbursement under a flex savings plan, staff is recommending the maximum deduction amount for employees be increased to $3,000. Agenda Information Memo /S' Agenda Information Memo November 6, 2003 Eagan City Council Meeting Item 4. Community Center Positions ACTION TO BE CONSIDERED: To approve two additional positions for 2004 for the Community Center: Facility Supervisor and a second Custodial Maintenance Worker. FACTS: ➢ The Community Center Operations Committee and Council as a whole have discussed and informally approved the addition of the aforementioned positions. ➢ It would be appropriate at this time for the Council to formally approve this item. Item 5. Health Care Savings Plan/Department Director Group ACTION TO BE CONSIDERED: To approve an addition to Article 38 of the City's Personnel Policy describing the Health Care Savings Plan provisions as established specifically by and for the Department Director Group. FACTS: • In official action at the July 1, 2003 City Council meeting, the City Council directed staff to proceed with offering a Health Care Savings Plan (HCSP) to all City Employees. • A HCSP is an employee funded plan that allows employees to designate a portion of their income, tax-free, into a savings plan that can be accessed, again tax-free, after retirement or separation from the City to pay for eligible medical and dental expenses, including insurance premiums. • In official action at the October 7, 2003 City Council meeting, the City Council officially approved an addition to the City's Personnel Policy offering a Health Care Savings Plan participation opportunity to employees. • Employees were divided into groups as defined in that addition to decide by group whether or not they wished to participate in a HCSP. (This is per IRS regulations.) • The "Department Director" group has decided to participate and has selected the HCSP provisions for their group's plan. • It is now appropriate for the Council to approve an addition to Section 38, "Health Care Saving Plan," of the Personnel Policy, describing these provisions for the Department Director group only. • If other employee groups decide they wish to participate, their separate plans will be separately presented to the Council. ATTACHMENTS: Attached on page a is a copy of the proposed Personnel Policy addition. /6 The following is the funding mechanism to be utilized by the Health Care Savings Plan (HCSP) Department Director Work Group to be included in the City of Eagan's Personnel Policy under the section pertaining to the HCSP: Positions Required to Participate in the Department Director Work Group HCSP Program City Administrator, Director of Communications, Director of Administrative Services, Director of Human Resources, Director of Parks and Recreation, Director of Community Development, Director of Public Works, and Chief of Police Salary Contribution to the HCSP Years of Service* 1-5 years 6-10 years 11-15 years 16-20 years 21+ years % of salary to be 1 % 2% 3% 4% 5% contributed *Years of Service shall be based on years of participation in a public retirement system. ■ A department director's contribution percentage will be effective for an entire year. An adjustment to an increased contribution percentage will be made in January of the year in which a department director's years of service anniversary with a public retirement system will take place (e.g., if a director's 16th anniversary date occurs in June of 2004, he/she will make a percentage salary contribution of 4% beginning in January of 2004). Severance If a department director voluntarily separates from the City and is eligible for Severance Pay, as defined in Section 14.7 of the City of Eagan Personnel Policy, a contribution of 100% of Severance Pay shall be allocated to the HCSP. Unused Vacation If a department director voluntarily separates from the City, a contribution of 100% of unused vacation shall be allocated to the HCSP. Plan Provisions ■ The department director's HCSP shall be reviewed by the department directors every two years. ■ The HCSP for the department directors will go into effect on the first paycheck of January 2004. 17 Agenda Information Memo November 6, 2003 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated October 23, 2003 and October 30, 2003 as presented. ATTACHMENTS: • Check registers dated October 23, 2003 and October 30, 2003 are enclosed without page number. Agenda Information Memo November 6, 2003 D. APPROVE OFF-SALE LIQUOR LICENSE FOR SIVART, INC. ACTION TO BE CONSIDERED: To approve the off-sale liquor license for Sivart, Inc., 1983 Silver Bell Road (the former Silver Bell Liquor location). FACTS: • Travis and Susan have applied for an off-sale liquor license with the City of Eagan. They are the only two officers of the corporation and will be operating Sivart, Inc. under the name Boji Wine & Spirits. • The off-sale will be located at 1983 Silver Bell Road. • The required documents have been submitted, reviewed and deemed in order by City staff. • The Police Department has conducted an investigation on the owners and does not find any reason to deny the applicants the off-sale liquor license. ATTACHMENTS: • Memo from Police Department regarding background check enclosed without page number. • Application enclosed without page number. Agenda Information Memo November 6, 2003 Eagan City Council Meeting E. APPROVE RESOLUTION TO CALL SERIES 1993D AND 1995C BONDS ACTION TO BE CONSIDERED: To approve the resolution to call for early retirement all outstanding Series 1993D and 1995C bonds on February 1, 2004. FACTS: • The 1993D and 1995C bonds have outstanding principal balances of $200,000 and $725,000, respectively. • Both bond issues represent special assessment improvement bonds and were structured to be callable on February 1, 2004 at the City's election. • Cash balances in the respective debt service funds exceed the outstanding principal balance in each case, primarily due to collection of prepayments on special assessments. The City can therefore pay the bonds in full with cash on hand and eliminate $104,300 in interest payments through 2010. ATTACHMENTS: • The resolution for the early retirement of these bonds and the 1995A and 1996A bonds (see Consent Item F) is on pages through 3Q . ao Agenda Information Memo November 6, 2003 Eagan City Council Meeting F. APPROVE RESOLUTION TO ISSUE AND SELL $2,040,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2004A, AND APPROVE RETIREMENT OF THE OUTSTANDING GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1995A AND 1996A. ACTION TO BE CONSIDERED: To approve the resolution to issue and sell $2,040,000 General Obligation Improvement Refunding Bonds, Series 2004A, and approve retirement of the outstanding General Obligation Improvement Bonds, Series 1995A and 1996A. FACTS: • The City's fiscal advisor, Springsted, has recommended the City refund (i.e., refinance) its General Obligation Improvement Bonds, Series 1995A and 1996A due to the favorable interest rate environment. • Funds for repayment of the bonds come from collection of special assessment receivables. No tax levy is required. • Because interest rates on the new debt will be lower than the old debt, Springsted estimates the present value savings to the City to be approximately $493,400. • Approximately $2,400,000 in cash in the 1995A and 1996A debt service funds resulting from special assessment prepayments will be used to call (retire) a portion of the old bonds on February 1, 2004, the earliest date the bonds can be called. The remaining outstanding debt of $2,040,000 will be refinanced over 14 years. • The sale is scheduled to take place through competitive bids on December 1, 2003. Bids will be presented for acceptance at the December 1 regular City Council meeting. ATTACHMENTS: • Enclosed on pages through is a resolution authorizing the issuance and sale of the 2004A bonds. • Enclosed on pages through is a resolution authorizing early retirement of the Series 1995A and 1996A bonds. • Enclosed without page number is a copy of the sale recommendations as provided by Springsted. a~ Extract of Minutes of Meeting of the City Council of the City of Eagan Dakota County, Minnesota Pursuant to due call and notice thereof, a meeting of the City Council of the City of Eagan, Minnesota, was duly held in the City Hall, in said City on Thursday, November 6, 2003 at 6:30 o'clock P.M. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION TO ISSUE AND SELL $2,040,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2004A, BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, as follows: 1. The City Council deems it necessary and expedient to issue and sell $2,040,000 General Obligation Refunding Bonds, Series 2004A, to provide financing for the refunding of the City's outstanding General Obligation Improvement Bonds, Series 1995A and General Obligation Improvement Bonds, Series 1996A. 2. Proposals for such Bonds will be received until 10:00 o'clock A.M. on Monday, December 1, 2003 at the offices of Springsted Incorporated. The City Council will meet at the City Hall at 6:30 o'clock P.M. on the same day for the purpose of considering the proposals and negotiating the sale of the Bonds. The terms of the Bonds and the sale thereof shall be as set forth in the attached Terms of Proposal, which are hereby approved. -1- 3. The City has retained Springsted, Incorporated, an independent financial advisor, in connection with the sale as authorized by Minnesota Statutes, Section 475.60, Subd. 2(9), as amended. Adopted by the City Council on this 6th day of November, 2003. Dated November 6, 2003 City of Eagan By: Its Mayor Attest: Its City Clerk Motion made by: Seconded by: Those in favor: Those against: CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 6c" day of November, 2002. Maria Petersen, City Clerk a.3 2 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $2,040,000- CITY OF EAGAN, MINNESOTA GENERAL OBLIGATION REFUNDING BONDS, SERIES 2004A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, December 1, 2003, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 6:30 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. DETAILS OF THE BONDS The Bonds will be dated January 1, 2004, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2004. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts as follows: 2005 $365,000 2013 $ 30,000 2006 $320,000 2007 $300,000 2008 $285,000 2009 $270,000 2010 $190,000 2011 $145,000 2012 $135,000 a~ _i_ * The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction will be made in multiples of $5, 000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successful bidder will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar that shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2009, and on any day thereafter, to prepay Bonds due on or after February 1, 2010. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. 0000- -ii- SECURITY AND PURPOSE The Bonds will be general Bonds of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited properties. The proceeds will be used to refund the February 1, 2005 through February 1, 2010 maturities of the City's General Obligation Improvement Bonds, Series 1995A, dated November 1, 1995 and the February 1, 2005 through February 1, 2018 maturities of the City's General Obligation Improvement Bonds, Series 1996A, dated December 1, 1996. TYPE OF PROPOSALS Proposals shall be for not less than $2,022,660 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $20,400, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser, will be deposited by the City. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals - iii - ~4 without cause, and, (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Faegre & Benson LLP, of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2-12(b)(5), the City, as obligated person, will undertake, pursuant to a Continuing Disclosure Certificate, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Bonds will be conditioned upon its receiving the Continuing Disclosure Certificate at or prior to delivery of the Bonds. - iv - OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 80 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. -v- RESOLUTION PROVIDING FOR THE REDEMPTION OF OUTSTANDING BONDS BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, as follows: 1. The City has outstanding $575,000 in principal amount of General Obligation Improvement Refunding Bonds, Series 1995C and $150,000 in principal amount of General Obligation Improvement Refunding Bonds, Series 1993D, which bonds may be called for prior redemption on February 1, 2004, and funds are presently on hand sufficient to redeem the bonds on such date in the funds and accounts maintained for the payment thereof. The bonds shall be called for redemption on February 1, 2004 and the City Clerk is hereby authorized and directed to give notice thereof as required by law and to take such other action as may be necessary to redeem the bonds. 2. The Eagan Economic Development Authority has outstanding $2,305,000 in principal amount of Development District Revenue Bonds, Series 2000, the proceeds of which had been loaned to the City pursuant to a Loan Agreement dated as of June 1, 2000. Section 3.05 of the Loan Agreement provides that the City may prepay the loan and instruct the EDA to redeem the bonds on the next available redemption date. Accordingly, the City shall repay the loan from funds on hand and the Clerk shall deliver to the EDA an amount which, with the reserves for the bonds, are sufficient to redeem the bonds on February 1, 2004, together with appropriate instructions to effect such redemption. 3. The City has outstanding General Obligation Improvement Bonds, Series 1995A and General Obligation Improvement Bonds, Series 1996A, and is in the process of selling refunding bonds to provide funds for their redemption. In anticipation of the refunding, the bonds shall be called for redemption on February 1, 2004 and the Clerk is authorized and directed to give notice thereof as required by law and take such other actions as may be necessary to redeem the bonds. Dated November 6, 2003 City of Eagan By: Its Mayor Attest: Its City Clerk Motion made by: Seconded by: Those in favor: Those against: a~ CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 6`h day of November, 2002. Maria Petersen, City Clerk 30 Agenda Information Memo November 6, 2003, Eagan City Council G. APPROVE 2004-2008 CIP PART II VEHICLES AND EQUIPMENT ACTION TO BE CONSIDERED: To approve Part II (Vehicles and Equipment) of the 2004 - 2008 Capital Improvement Program (CIP) FACTS: The first year of this CIP (2004) is approved as a budget with the four out years (2005 - 2008) being approved only as a general plan. • All vehicles and equipment costing more than $10,000 are budgeted in this section of the CIP with items costing less than $10,000 budgeted in departmental operating budgets. • In 1993 the City Council established a policy whereby each year an amount is allocated to the Equipment Revolving Fund (ERF) for non-enterprise fund CIP Part II purchases. The allocation is based on an initial amount of $500,000 used in 1993 that is increased annually by population growth and inflation factors. The 2004 allocation was increased by 3.5% from the 2003 allocation to $870,892. An amount of $169,659 is being carried forward from 2003 generating a total available balance of $1,040,551 for 2004 purchases. • The ERF is funded through an annual ad valorem property tax levy. • The schedule for this approval is timed to allow for coordination with various purchasing/bidding options to provide for the best possible prices, the necessary lead times for ordering the equipment, and the desire to place the equipment in service during 2004. • After two management meetings in which staff from each department had an opportunity to discuss their proposals and challenge other department proposals in attempts to prioritize overall City capital equipment needs, the attached list of purchases totaling $857,000 from the ERF was reached by consensus. This allocation allows for a carry forward to 2005 of $183,551. The carry forward 3l balance illustrates the desire to maximize the City's resources by stretching equipment and vehicle use. • An allocation of $100,000 for the first year of a five year program to put additional publicly owned fiber in place in the community is included in the Information Technologies section of the 2004 CIP. The funding is tentatively included from Franchise Fees. Prior to proceeding with any work on this project it will be brought before the City Council as a public policy matter as well as for consideration of the appropriate funding source, if the Council desires to proceed. • The Mobile Command Vehicle is being considered as a specialty piece of equipment that cannot be financed through this allocation process. Therefore, the funding source is currently presented as Other. Prior to proceeding with the consideration of this piece of equipment, the purpose, function, benefits, etc. along with potential funding options will be presented to the City Council in a workshop similar to the process used for the recent acquisition of the new aerial. Staff will also be diligently pursuing any grant opportunities resulting from Homeland Security initiatives. The unit is presented in the Fire Department section of the Part II CIP, however, it is a Public Safety Vehicle that reaches beyond only the Fire Service. ATTACHMENTS: • Attached on page is a copy of the summary of the equipment proposed 2004 CIP Part II purchases with the funding source for each unit. • Attached on page is a copy of the summary of the proposed 2004 2008 Part II CIP. 30 M 8 C) 0 N O O a C1' C' M en 69 M LL O O U O O C r LL cA EI'l m V O 0) U c u c U m c LL O O LL O O N N 69 M O O O O C. O O O O O O O O O LL O C. O O O O O O O O O O O O IO 10 O M O C c0O C 0 N C .-N C? 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Ef} w w O 3 N t O N O) C U O co U N `J E CT C O Q C O O O h N O LL N N O O C rn to U- N x cr w ca LL a c Y '2 W CD a O~ w 'CQ ~0 > O 3 7 Y ~Q Ow N (0 N co C C tO U E E U y 0) O E O) +0 O C O E E- O) N c - 3 O Lri O cr E O t ~ 5uL)aiiaacnva~ nU') ~ JQ V N LS c~ 0 C) m N E O N CO 13 el Emergency Preparedness Network Services Agreement with Owest N. ACTION TO BE CONSIDERED: To approve a 36 month agreement between the City of Eagan and Qwest for an Emergency Preparedness Network Service commonly referred to as a community notification system or Reverse 9-1-1. FACTS: • The previous City Council conducted Strategic Planning Meetings and identified a goal of installing a Community Notification System or Reverse 9-1-1 for the Citizens of Eagan. • In 2002, the City Council instructed the police department to research costs for such a system. • In 2002, based upon the research, the City Council added an additional $25,000 to the Police Department's 2003 budget to pay for the Community Notification System. • Police Department staff researched several different vendors for a Community Notification System and recommended Qwest as the preferred vendor. • At the July 1, 2003 City Council Meeting authorization was given for the City of Eagan to enter into a contract agreement with Qwest for their Emergency Preparedness Network System. • Legal staff for the City of Eagan and Qwest reviewed and came to agreement on contract language for a 36 month (3 year) service period. • The non-recurring set-up cost of $22,800 will be paid from the 9-1-1 Surcharge Fees. • The monthly cost of $1,809 (yearly cost is $21,708) is based on the number of phone lines in the City of Eagan and will increase as new phone lines are added in the City. This cost will be paid for out of the police department annual operating budget. ATTACHMENTS: • Enclosed on pages 3/a through Pff. is a copy of the Emergency Preparedness Network Service Agreement. Agreement Number: CDS-030926-0001 Billing Number: OWEST EMERGENCY PREPAREDNESS NETWORK SERVICE This is an agreement between City of Eagan ("CUSTOMER") and Owest Corporation ("Owest"), for the provision of Qwest Emergency Preparedness Network Service as defined herein ("Agreement'). Throughout this Agreement, CUSTOMER and/or Qwest may individually be referred to as "Party" and collectively as "Parties". 1. SCOPE. 1.1. EPN is an integrated solution that identifies and notifies a population in a predetermined or immediately identified geographic area within minutes of an impending emergency. EPN transmits a CUSTOMER-created and designated message generated by CUSTOMER(s) such as Public Safety Agencies or Offices of Emergency Management to said telephone numbers through high-volume automated outbound dialing and message playback. EPN combines the functionality of the EPN application, a geographically coded telephone number and address database, and outbound calling. 1.2 When an emergency situation arises, CUSTOMER initiates activation of EPN to Qwest for the area within a specified Event Boundary, either preplanned or "drawn" in real time. CUSTOMER provides a message to be transmitted to stations within the Event Boundary. EPN application interprets the polygon information describing the Event Boundaries and extracts Coordinate locations within the Event Boundaries, matches location to telephone number, and prioritizes the telephone number list based on proximity to the disaster and related central office location. The telephone list is then transferred to the outbound calling system so that calling may begin. 1.3 Performance requirements and EPN service levels will be on a "Time is of the Essence" basis. Qwest will provide EPN to CUSTOMER on a continuous basis for initiating Events, technological support and providing the results of an Event in accordance with the terms and conditions provided herein. Outbound calling with CUSTOMER specified voice message shall commence in less than five (5) minutes after Event initiation, absent system and network malfunction. Message content of EPN is determined solely by CUSTOMER. 2. TERM. 2.1 This Agreement is effective on the latest signature date and expires thirty six (36) months from the date Service is available to CUSTOMER, as evidenced by Owest records. 2.2. Qwest shall make reasonable efforts to notify Customer ninety (90) days in advance of termination. If by the end of the term of this Agreement the parties have not executed a mutually acceptable new agreement, Service shall terminate. 3. DEFINITIONS. The following terms shall have the following meanings for purposes of this Agreement: 3.1 "Access Code" shall mean a unique alphanumeric code selected by CUSTOMER used by Qwest to authenticate CUSTOMER during EPN Initiation. The Access Code shall not be accessible via Browser- Based Defined File or maintained in computers connected to the Public Switch Telephone Network ("PSTN"). Changes in Access Code assignments and CUSTOMER ID submitted to Qwest shall be confirmed by telephone call placed by EPN Operator to CUSTOMER designated contact at CUSTOMER designated telephone number prior to being entered into Owest operational database. 3.2 "Browser-Based Defined File" shall mean a mechanically readable file in a hypertext markup language computer interface to be developed by Qwest for CUSTOMER use for EPN CUSTOMER Administration and, if elected by CUSTOMER, EPN Initiation. 3.3 "Calling and Message Delivery" is that portion of the EPN service in which Qwest provided facilities automatically dial telephone numbers on a Call List or Extracted List and, upon such calls being answered, playback to the answering person/facility the CUSTOMER designated message. 3.4 "Call List" is a list of numbers created and maintained by CUSTOMER and delivered to Qwest in electronic medium, and in such computer format as may from time-to-time be prescribed by Qwest, to be CDS-030926-0001/© 2003 Qwest Corporation Page 1 Version 4: 09-29-03 DGM/OMR # 85759 R4 EPN dialed by the EPN service for message delivery in a Call List Event. CUSTOMER is responsible for obtaining any authorization necessary for inclusion of telephone numbers on Call Lists. 3.5 "Call List Event" shall mean Events in which the telephone numbers to be called are derived from CUSTOMER-provided and maintained lists of telephone numbers, as opposed to Events in which the list of telephone numbers to be called is extracted from the EPN Database by geographic location. 3.6 "Call Prioritization" shall mean, with respect to Preplanned Events, CUSTOMER designation of the order in which subsets of the geographic area within the Event Boundaries of the Preplanned Event are to be Called and Message Delivered. For example, in the context of a Preplanned Event in which the Event Boundaries are flood plain boundaries for use in transmitting flash flood evacuation warnings, CUSTOMER might designate areas at the top of the flood plain for Calling and Message Delivery prior to Calling and Message Delivery to areas at the bottom of the flood plain. 3.7 "CUSTOMER ID" shall mean the unique eight (8) character alphanumeric identifying CUSTOMER. CUSTOMER ID is used by Qwest to authenticate CUSTOMER during changes in CUSTOMER ID and Access Code submitted to Qwest. The Customer ID shall be confirmed by telephone call placed by EPN Operator to CUSTOMER designated contact at CUSTOMER designated telephone number prior to being entered into Qwest operational database. 3.8 "CUSTOMER Message" shall mean message(s) created by CUSTOMER and identified by CUSTOMER to EPN Operator for transmission via EPN. CUSTOMER may maintain up to ninety nine (99) messages, whether prerecorded or recorded immediately prior to EPN Initiation, and shall be solely responsible for the content and correct designation of the message to be transmitted with an Event. 3.9 "Dynamic Event" shall mean an Extracted List Event in which the Event Boundaries are specified by CUSTOMER during EPN Initiation through.(i) specification of street address or intersection and radius to Event Boundary, or (ii) uploading of a Browser-Based Defined File with Event Boundaries applied. 3.10 "Emergency Preparedness Network Service" ("EPN" or "Service") shall mean an integrated solution that identifies and notifies population within minutes of EPN Initiation by CUSTOMER of an impending Event. EPN includes (i) development and maintenance of a database of telephone numbers by geographic location of the station associated with each such number, (ii) maintenance of CUSTOMER- defined call lists, (iii) extraction of telephone numbers associated with stations within a CUSTOMER- designated geographic area, and (iv) high volume automated dialing of said numbers and playback of CUSTOMER-recorded message. 3.11 "EPN Initiation" shall mean CUSTOMER activates an Event. EPN Initiation shall include the following steps in launching an Event (i) direct communication by CUSTOMER with an EPN Operator to validate identity, (ii) initiate a database extraction or loading of a Call List into Qwest system for automated dialing and (iii) identifying the message number to be replayed by the EPN service. EPN Initiation shall not include those activities defined as EPN CUSTOMER Administration. 3.12 "EPN CUSTOMER Administration" shall mean CUSTOMER management or administration of it's EPN, which does not involve the specific actions defined as EPN Initiation. EPN CUSTOMER Administration shall include such activities as creating and modifying Call Lists, recording messages, modifying Pre-planned Event boundaries, creating and loading Browser-Based Defined Files, reviewing browser-based EPN reports described in Attachment 1 hereto, and similar activities. EPN CUSTOMER Administration shall specifically include CUSTOMER maintenance of Access Codes, PIN Numbers and other security measures notwithstanding that CUSTOMER may elect to require any changes in such security measures to be confirmed by EPN Operator-initiated telephonic communication with CUSTOMER designated representative (s). 3.13 "EPN Database" The geographically coded database of telephone numbers associated with stations located at service addresses within CUSTOMER jurisdiction, including community name of service address, x, y coordinates of service address, service address, street aliases, street centerline layer, and such other data as Qwest finds or may find necessary and appropriate to permit it to create Extracted Lists from within geographic boundaries specified by CUSTOMER. 3.14 "EPN Operators" shall mean those personnel on duty at the facility designated by Qwest for provision of EPN and assigned to assist CUSTOMER with EPN Initiation. CDS-030926-0001/0 2003 Owest Corporation Page 2 Version 4: 09-29-03 DGM/OMR # 85759 R/, EPN 3.15 "Event" means the use of EPN by CUSTOMER to (i) provide a message for transmission by EPN, (ii) provide a Call List or define Event Boundaries from which an Extracted List is to be derived, and (iii) authorize Calling and Message Delivery. 3.16 "Event Boundaries" shall mean the boundaries describing and completely enclosing a geographic area, from within which the Extracted List for the Event is to be derived. In the case of Preplanned Events from an Extracted List, Event Boundaries may be depicted on a Browser-Based Defined File or map, or described by street boundaries. For Dynamic Events from an Extracted List, Event Boundaries may be described by street address or intersection and radius to Event Boundary. During EPN Phase II, Event Boundaries for Dynamic Events from an Extracted List may be represented by uploading of a Browser- Based Defined File. 3.17 "Event Fee" shall mean the product of multiplying the PCF by the number of thirty (30) second increments or portion of thirty (30) second increments of connect time for each Successfully Completed Call in an Event. 3.18 "Event Launch" shall mean the initiation of Calling and Message Delivery by Qwest on behalf of and at the direction of the CUSTOMER. 3.19 "Event Management" shall mean use of a dial-up voice or fax connection to an EPN Operator or utilization of the browser-based EPN Client deployed in a secure Intranet to view and manage an Event, including Event creation, Event monitoring, and Event termination. The CUSTOMER will have visibility to all preplanned Events and Event numbers as well as the associated voice message numbers. 3.20 "Extracted List" shall mean a list of telephone numbers associated with stations within the geographic area of a Pre-planned Event or Dynamic Event which is extracted from the EPN Database by Qwest for loading into its high volume outbound calling facilities for Calling and Message Delivery. 3.21 "Extracted List Event" shall mean an Event in which the telephone numbers loaded into Qwest automated dialing facilities are from an Extracted List, as opposed to a Call List. 3.22 "Per Call Fee" ("PCF") shall mean the charge associated with each thirty (30) seconds or portion of thirty (30) seconds of a CUSTOMER message and shall be based upon the actual answer-to-disconnect times measured by the network. For example, a CUSTOMER message and answer-to-disconnect of thirty one (31) to sixty (60) seconds in length would include two (2) PCFs. 3.23 "PIN Number" A CUSTOMER defined security code which will control access to the voice messaging system for the creation, deletion and maintenance of the CUSTOMER message(s). Changes in Access Codes and PIN Numbers submitted to Qwest by encrypted or secure Browser-Based Defined File or e-mail or otherwise, shall be confirmed by telephone call placed by EPN Operator to CUSTOMER designated contact at CUSTOMER designated telephone number prior to being entered into Qwest operational database. 3.24 "Preplanned Event List" shall mean an Extracted List Event in which the Extracted List is derived from Event Boundaries developed in advance of the Event, and as opposed to boundaries being derived at the time of the Event based upon an address and intersection and radius. Preplanned Events are intended to involve more complex boundaries determined by multiple contiguous polygons, for example flood plain boundaries, for use in transmitting flash flood evacuation warnings. An area defined by multiple polygons with contiguous polygon boundaries shall be deemed a single Event for billing purposes; notwithstanding that each polygon may be assigned a different Call Prioritization or CUSTOMER Message. 3.25 "Public Safety Agencies" shall mean those agencies which by law are responsible for the delivery of emergency services. 3.26 "Record" shall mean the information entered in the EPN Database(s) for a single Subscriber Line. 3.27 "Retry Interval" shall mean the minimum number of minutes that elapse between each attempt by Qwest to deliver a full or partial message to a telephone number, as determined by the CUSTOMER. The maximum Retry Interval shall be equal to the minimum Retry Interval plus the amount of time required to dial other numbers in the retry pool. CDS-030926-0001/© 2003 Owest Corporation Page 3 Version 4: 09-29-03 DGM/OMR # 85769 -1 n EPN 3.28 "Simulated Event" shall mean an Event initiated by CUSTOMER for purposes of training, testing or validation of the performance EPN, involving recording and/or designation of a CUSTOMER message, designation of a Call List or real-time extraction of telephone numbers to be dialed from the EPN Database, and Calling and Message Delivery. Timing of Simulated Events shall be coordinated between CUSTOMER and Qwest, and shall be initiated using CUSTOMER ID and Access Code designated for use only with Simulated Events. 3.29 "Subscriber Line" shall mean a telephone line in the EPN Database connected to a handset. "Subscriber Line" shall not include lines connected to payphones, lines which have been disconnected, facsimile lines, lines used exclusively for modem access, or other such services. Trunked lines homing to a single number or multiple lines otherwise connecting to a single PBX shall be treated as a single Subscriber Line for purposes of this Agreement. 3.30 "Successful Completion" or "Successfully Completed Call" shall mean the telephone number was answered and (i) the CUSTOMER-designated message was delivered in whole, or (ii) the called station disconnects prior to the CUSTOMER-designated message being delivered in whole. A call disconnected prior to CUSTOMER-designated message being delivered in whole due to malfunction of EPN or Qwest Network shall not be deemed a "Successfully Completed Call." 3.31 "Test Event" shall mean those instances in which the CUSTOMER initiates an Event for purposes of training, testing or for validation of the performance of EPN, involving recording and/or designation of a CUSTOMER message, real-time extraction of telephone numbers to be dialed from the EPN Database, but not Calling and Message Delivery. Timing of Test Events shall be coordinated between CUSTOMER and Qwest, and shall be initiated using CUSTOMER ID and Access Codes designated for use only with Test Events. 4. QWEST RESPONSIBILITIES. 4.1 PHASE I: During Service Phase I, and continuing through Service Phase II, Qwest EPN shall provide: • Initial data extraction and preparation of telephone numbers and addresses for specified EPN market area. • Creation and maintenance of each telephone number and address geographically coded in the EPN Database. • Development and maintenance of Event Boundaries of Preplanned Events (develop and update as required by CUSTOMER modifications to polygon files encompassing areas designated by CUSTOMER as within a Preplanned Event area, for use in creating an Extracted List upon CUSTOMER initiating a Preplanned Event based on an Extracted List). • Creation of Event Boundaries for Dynamic Events. • Maintenance of static Call Lists developed by CUSTOMER. • Network review including central office location and boundary and overall system capacity. • On-going Service Order Input updates to the EPN Database based upon market area inclusion to EPN Database. • Facilities for CUSTOMER to access 800/888 dial up number for recording CUSTOMER Messages, including capability for CUSTOMER to review and re-record CUSTOMER Message and confirm message duration. • 247 availability. • Real time telephone number extracts within specified Event Boundaries. • High volume outbound calling, which shall be defined as a maximum capacity of 2,000 calls per minute and a minimum of 500 calls per minute based on a 30 second message length. • High level of security to prevent unauthorized activation of EPN in CUSTOMER jurisdiction, including CUSTOMER ID, Access Code, and PIN. • Real time progress reports via fax or email. • Coordination with CUSTOMER any Qwest promotional advertising to CUSTOMER jurisdiction regarding EPN which includes information regarding CUSTOMER subscription to and use of EPN. 4.2 PHASE II: During Service Phase 11, in addition to providing the Phase I service components, Qwest EPN shall provide: • Event Management via Qwest browser-based EPN client server. • EPN Initiation via Qwest browser-based EPN client server. • Event view via Qwest browser-based EPN client server. CDS-030926-0001/0 2003 Owest Corporation Page 4 Version 4: 09-29-03 DGM/OMR # 85759 q9 EPN • Real time and summary reports via Qwest browser-based EPN client. • One Customer ID and Access Code. 4.3 Unlisted Numbers. The inclusion of non-published telephone numbers in the EPN Database will be in accordance with the then current regulatory requirements and other applicable law. 5. USE OF SERVICE. 5.1 CUSTOMER Defaults. CUSTOMER shall make the following elections, which shall apply to all Events. (a) Retry Interval on no answer condition. (b) Retry Interval on busy signal. (c) Message delivery to answering devices. (d) Called party options to repeat message. 5.2 Preplanned Events. CUSTOMER shall provide Qwest with the parameters for each Preplanned Event, in advance, including: (a) Event Boundary. (b) Individual polygon parameters within the Event Boundary. (c) Assignment of a prioritization number to each polygon within an Event Boundary for a Preplanned Event. 5.3 Dynamic Events. CUSTOMER shall provide Qwest with a street address or intersection designation and radius, in feet or miles, to Event Boundary. 5.4 Call List Events. CUSTOMER shall create and designate the Call List file to be used. 5.5 All Events. In initiating Events, whether a Preplanned Event, Dynamic Event or Call List Event, CUSTOMER shall activate EPN in the following manner: (a) CUSTOMER records message and assigns CUSTOMER Message number (0-99) or confirms pre-recorded message and CUSTOMER Message number (0-99). (b) CUSTOMER confirms Preplanned Event number or Call List number, if applicable. (c) CUSTOMER contacts EPN Operator by telephone or fax, or accesses EPN system via Browser-Based Defined File, and: (d) Provides Access Code. (e) Provides PIN Number. (f) Identifies type of Event (Test Event, Preplanned Event, Dynamic Event, Simulated Event or Call List Event (g) Identifies Message Number. (h) Identifies Preplanned Event number, Call List number, provides street address or intersection designation and radius to Event Boundary, or uploads via Browser-Based Defined File with Event Boundaries applied. (i) Authorizes commencement of Calling and Message Delivery after EPN Operator identifies quantity of Records in Call List or Extracted List. CDS-030926-0001/0 2003 Owest Corporation Page 5 Version 4: 09-29-03 DGM/OMR # 85759 401 t-*) EPN 6. EPN SERVICE CHARGES PRICING. 6.1 Nonrecurring charge: (a) Nonrecurring charge of twenty two thousand eight hundred dollars ($22,800.00) for Service installation, including development and maintenance of EPN Database for CUSTOMER jurisdiction, development and maintenance of up to ten (10) Preplanned Event List, up to ten (10) Call Lists, and security list. The nonrecurring charge will be invoiced on the first billing cycle following the acceptance of the service by the CUSTOMER, following a successful EPN Simulated Event, which meets or exceeds the service parameters set forth in Section 7 of this Agreement ("Service Parameters"). (b) Nonrecurring charge of Five Hundred Dollars ($500) for development and maintenance of each additional Preplanned and Call List. The nonrecurring additional Preplanned Event or Call List Event Fee will be invoiced on the first billing cycle following the establishment of the Preplanned Event or Call List Event by the CUSTOMER. 6.2 Recurring Charge: Monthly recurring charge in the amount of thirty-four cents ($0.34) per month per ten (10) Subscriber Lines. Any fraction of ten (10) Subscriber Lines will be rounded up to the nearest tenth. The recurring monthly rate will be invoiced no later than the 30th day of each month and submitted to the CUSTOMER for payment within thirty (30) business days of the date of the invoice. 6.3 Event Fee: (a) The Event Fee will be invoiced on the first monthly billing cycle following the initiation of an Event by the CUSTOMER. CUSTOMER will be assessed a per call fee of $.23 per each thirty (30) seconds of connected time on calls associated with each Event. This cost is based on the actual number of Successfully Completed Calls during the Event. (b) The Event Fee will not be applied to Test Events (in which no calling occurs). 7. PARAMETERS. 7.1 The interval between EPN Initiation and Event Launch shall not exceed five (5) minutes absent system and network malfunction. 7.2 The Outbound Calling Rate will be determined by the number of ports (possible simultaneous calls), length of CUSTOMER message, and interval between disconnect of a call on a port and dialing of the successive call on that port. 8. TAXES. Customer shall pay Qwest all applicable taxes, usual and customary surcharges and all government imposed fees and charges that relate to the Service or installation rendered hereunder. 9. TERMINATION. 9.1. Either Party may terminate this Agreement for cause provided written notice specifying the cause for termination and requesting correction within thirty (30) days is given the other Party and such cause is not corrected or undertaken to be corrected and pursued in a timely and good faith effort within such thirty (30) day period. Cause is, any material breach of the terms of this Agreement. 9.2. If CUSTOMER terminates this Agreement without cause, or if Qwest terminates this Agreement for cause prior to the expiration of the term of this Agreement, CUSTOMER will remit to Qwest a one-time fee consisting of any outstanding fees and the current month EPN charge. 9.3 If Qwest terminates this Agreement without cause, or if CUSTOMER terminates this Agreement for cause prior to the expiration of the term of this Agreement, Qwest shall refund to CUSTOMER a pro rata portion of the monthly recurring charge(s) paid for the remaining portion of the term of this Agreement. 9.4 Qwest reserves the right to modify the terms of this Agreement in order to comply with regulatory or other legal requirements. 10. MAINTENANCE. 10.1 PREPLANNED EVENT BOUNDARIES AND CALL LIST MAINTENANCE. During Phase 1, Qwest will provide maintenance for Event Boundaries for Preplanned Events and Call Lists. As CUSTOMER CDS-030926-0001/© 20D3 Owest Corporation Page 6 Version 4: 09-29-03 DGM/OMR # 85759 J L * EPN notifies Qwest of changes to their specific Event Boundaries for Preplanned Events or Call Lists, Qwest will modify the Event Boundaries for Preplanned Events or Call Lists and return street level maps with the overlaid boundaries to CUSTOMER for approval. Implementation will occur at the time Qwest enters the modifications. Qwest will enter modifications within five (5) days of receipt of CUSTOMER approval for Event Boundaries for Preplanned Events and within one (1) day of receipt of CUSTOMER approval for Call Lists. During Phase II, CUSTOMER will provide Event Boundaries for Preplanned Events and Call List maintenance via the Browser-Based Defined File. Implementation of changes performed during such maintenance will occur at the time CUSTOMER enters the modifications. 10.2 MARKET AREA TELEPHONE NUMBER/ADDRESS MAINTENANCE. Qwest will insert, change or delete, and geo-code as appropriate, telephone number and address records within an EPN market area as service orders within the market area are received. 10.3 USE OF GEOGRAPHIC INFORMATION SYSTEM DATA. If CUSTOMER elects to provide Geographic Information System ("GIS") data, such data shall be provided in the manner described by Attachment 2. CUSTOMER grants to Qwest and its subcontractors permission to use CUSTOMER's GIS data (i) to verify and update the EPN street network database and (ii) to use such data as otherwise may be required for use in connection with the provision of Service. 10.4 SECURITY MAINTENANCE. Qwest will use its best efforts to ensure a high degree of security will be implemented throughout the entire Service network to maintain service integrity in accordance with the terms and conditions of this Agreement. 11. LIMITATION OF LIABILITY. QWEST WILL NOT BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT. EXCEPT AS PROVIDED IN THIS AGREEMENT, ANY QWEST LIABILITY TO CUSTOMER FOR ANY DAMAGES OF ANY KIND UNDER THIS AGREEMENT WILL NOT EXCEED, IN AMOUNT, A SUM EQUIVALENT TO THE APPLICABLE OUT-OF-SERVICE CREDIT. THE OUT-OF-SERVICE CREDIT WILL BE THE DAILY PRORATION OF THE MONTHLY RECURRING CHARGE, WITH A MAXIMUM OF 30 DAYS. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT. 12. NO WARRANTIES. EXCEPT AS DETAILED ELSEWHERE IN THIS AGREEMENT, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 13. INDEMNIFICATION. CUSTOMER has sole responsibility for ensuring that any determination of an Event by the emergency management officer from the community falls within Federal guidelines for the use of autodialers. CUSTOMER shall indemnify and hold harmless Qwest, its parent, subsidiaries, affiliates, their employees and officers against any and all claims, losses, liabilities, damages, and lawsuits brought by any non-party to this Agreement and arising, in whole or in part, out of CUSTOMER's initiation of an Event via telephone to Qwest that does not fall within Federal guidelines for the use of autodialers. Indemnification shall include, but is not limited to, costs and attorney's fees. Qwest relies solely on CUSTOMER to determine what constitutes an emergency. Therefore, CUSTOMER agrees to provide the same indemnification referenced above for any non-emergency use of Service. 14. CONFIDENTIALITY. 14.1 All information associated with Qwest provisioning of Service shall be treated as Confidential Information. "Confidential Information" means all information reasonably related to the Service provided hereunder which CUSTOMER first receives from Qwest: (i) in documents or other tangible materials clearly marked CONFIDENTIAL or the like, or (ii) orally or in any other intangible form, if at the time of first disclosure Qwest tells CUSTOMER that the information is confidential, and within ten (10) calendar days after that first disclosure Qwest delivers to CUSTOMER documents or other tangible materials clearly marked CONFIDENTIAL or the like which disclose or describe that information. 14.2. "Confidential Information" does not include information which: (i) is already known to CUSTOMER; (ii) is or becomes publicly known or readily ascertainable by the public through no wrongful act of CUSTOMER; (iii) is independently developed by or for CUSTOMER; (iv) is received by CUSTOMER from a third party, if CUSTOMER does not know of any restrictions on the disclosure of that information; (v) Qwest CDS-030926-0001/© 2003 Qwest Corporation Page 7 Version 4: 09-29-03 DGM/OMR # 85759 47 e ~ 2- EPn1 discloses to a third party without similar restrictions on disclosure; or (vi) is required to be disclosed by operation of law or pursuant to order of a governmental agency. 14.3. Sole Obligations. For a period of thirty-six (36) months from receipt of the Confidential Information, CUSTOMER will use reasonable efforts to prevent the disclosure of Confidential Information to any other person. Either Party may disclose the other Party's Confidential Information to its affiliates and contractors, if the Confidential Information so disclosed remains subject to this Agreement and CUSTOMER remains liable for any unauthorized disclosures by its affiliates and contractors. All materials containing Confidential Information delivered by Qwest under this Agreement are and will remain QWEST property. At Qwest's written request, CUSTOMER will promptly return to Qwest all those materials and any copies, except a single archival copy. 14.4. Publicity. Neither Party shall, without the prior written consent of the other Party: use the name, trademarks or other proprietary identifying symbol of the other Party or its affiliates. Such consent by Qwest may be given only by Qwest's Chief Marketing Officer or his designee. Any purported consent by any other person, including any Qwest sales or customer service representative, is void and of no eff ect. 15. UNCONTROLLABLE CONDITIONS. Neither Party will be deemed in violation of this Agreement if it is prevented from performing any of the obligations under this Agreement by reason of severe weather and storms; earthquakes or other natural occurrences; strikes or other labor unrest; power failures; nuclear or other civil or military emergencies; acts of legislative, judicial, executive or administrative authorities; or any other circumstances which are not within its reasonable control. 16. LAWFULNESS. This Agreement and the parties' actions under this Agreement shall comply with all applicable federal, state, and local laws, rules, regulations, court orders, and governmental agency orders. Any change in rates, charges or regulations mandated by the legally constituted authorities will act as a modification of any contract to that extent without further notice. This Agreement shall be governed by the laws of the State of Minnesota, where Service is provided. 17. DISPUTE RESOLUTION. Other than those claims over which a regulatory agency has exclusive jurisdiction, all claims, regardless of legal theory, whenever brought and whether between the parties or between one of the parties to this Agreement and the employees, agents or affiliated businesses of the other party, shall be resolved by arbitration. A single arbitrator engaged in the practice of law and knowledgeable about telecommunications law shall conduct the arbitration. The arbitration shall be conducted in the State of Minnesota pursuant to Minnesota Statutes Chapter 572 by an arbitrator selected by the parties. 18. GENERAL PROVISIONS. 18.1. Failure or delay by either Party to exercise any right, power, or privilege hereunder, will not operate as a waiver hereto. 18.2. This is a retail end user contract. It may be assigned only with the consent of Qwest. CUSTOMER may not assign to a reseller or a telecommunications carrier under any circumstances. 18.3. This Agreement benefits CUSTOMER and Qwest. There are no third party beneficiaries. 18.4. If a Party returns this Agreement by facsimile machine, the signing Party intends the copy of this authorized signature printed by the receiving facsimile machine to be its original signature. 18.5. This Agreement constitutes the entire understanding between CUSTOMER and Qwest with respect to Service provided herein and supersedes any prior agreements or understandings. 18.6 Notwithstanding any provision in this Agreement to the contrary, Qwest's liability to CUSTOMER and to third parties and Qwest's obligation to indemnify and hold harmless CUSTOMER shall be governed by the Minnesota Exchange and Network Services Tariff, Minnesota Exchange and Network Services Catalog, and Minnesota Exchange and Network Services Price List, as they may be amended or replaced from time to time. CDS-030926-0001/© 2003 Qwest Corporation Page 8 Version 4: 09-29-03 DGM/OMR # 85759 Al _*7 EPN 19. NOTICES. Any notices under this Agreement shall be delivered personally or mailed to the respective parties by registered or certified mail, return receipt requested, at the following respective addresses: To Qwest: Qwest Corporation 1801 California Street Denver, CO 80202 To Customer: City of Eagan Attn: City Clerk 3830 Pilot Knob Road Eagan, MN 55122 With a Copy to: Michael G. Dougherty, City Attorney Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 20. EXECUTION. The parties hereby execute and authorize this Agreement as of the latest date shown below. City of Eagan Owest Corp atior ~s Authorized Signature Authorized Signature V:\ C d Name Typed or Printed Name Typed or Printed Mayor Director of Offer Management Title Title Date Date City of Eagan Authorized Signature Name Typed or Printed City Clerk Title Date CDS-030926-0001/© 2003 Owest Corporation age 9 Version 4: 09-29-03 DGM/OMR # 85759 1 Zi EPN ATTACHMENT 1 Owest Emergency Preparedness Network Service REAL TIME REPORTS (INTERVAL SUMMARY REPORTS) Qwest will provide a Summary Report Event Call record to CUSTOMER at specified time intervals during the Event as follows: Outbound calling initiated: Time and date Summary reports generated at 30 minute intervals will be delivered to CUSTOMER or if the Event does not exceed 30 minutes within 60 minutes from the conclusion of the Event. These interval Summary Reports will include: • Date and time at which the event began. • Date and time at which the event ended. • Event number. • Voice message number. • Total number of extracted telephone number records involved. • Event message connection attempts made. • Total number of full notifications made to actual persons. • Total number of partial notifications made to actual persons. • Total number of full notifications made to answering machines or voice mail systems. • Total number of partial notifications made to answering machines or voice mail systems. • Total number of unsuccessful notification attempts that occurred because the line called was busy. • Total number of unsuccessful notification attempts that occurred because no connection/answer occurred. Qwest will provide a Detail Report Event Call record to CUSTOMER at specified time intervals during the Event as follows: Outbound calling initiated: Time and date Detail reports generated in an electronic format no later than 6:00 p.m. Mountain Time (MT) the next business day following an Event. Detail Reports include the following information for each telephone number that a connection attempt was made during the EPN Event: • Telephone Number. • Event number. • Voice message number. • Date and time at which the final notification connection attempt was made. • Length of the final notification connection attempt. • Total number of connection attempts that were made. • Indication of a full notification being made to an actual person. • Indication of a partial notification being made to an actual person. • Indication of a full notification being made to an answering machine or voice mail system. • Indication of a partial notification being made to an answering machine or voice mail system. • Indication of the notification call not being delivered because the line called was busy during all of the connection attempts. • Indication of the notification call not being delivered because no connection/answer occurred. © 2001 Owest Corporation Page 1 Version: 05-16-01 EPN ATTACHMENT 2 Qwest Emergency Preparedness Network Service CUSTOMER GIS INFORMATION 1. INTRODUCTION. The following details the GIS information needed in order for CUSTOMER provided GIS data to be utilized and incorporated into Service. All parties will agree to the frequency and methodology and file transfer specifics of this data. In those instances where a customer supplies their GIS information and on-going updates, this data will be utilized to aid in the verifying and updating of the required street network database to support EPN (GDT Dynamap). 2. DATA FORMAT. GIS data should be in an acceptable industry standard GIS format, which can be read by Qwest systems. Acceptable format include Arc/Infor, ArcView, Maplnfo, GGM Export, TIGER, DIME, ADS, AMS, DFAD, DXF (AutoCAD), ETAK, GIRAS, IGDS, IGES, MIADS, MOSS, SDTS, SLF, and VPF formats. 3. STREET CENTERLINE FILE. The street centerline file should include street name and address information on individual segments. The street address information should be in the form of low and high ranges for both the left and right side of each segment. 4. INDIVIDUAL PARCELS. An alternative to a street centerline is for individual address to have locations in GID format. This might exist for a parcel-based GIS system. The file delivered to Qwest should have the parcel centroid or equivalent X/Y for the location of the address. Individual addresses require a single house number, street name, and 9-1-1 community code. While individual address points can be used, it is still preferred that a street centerline file be provided if possible. 5. 9-1-1 COMMUNITY LAYER. A polygon layer which depicts the 9-1-1 Community boundaries, as depicted in the MSAG. Each street segment or individual parcel should have the corresponding 9-1-1 community attribute assigned. For example, when one points to a street segment on Lookout Road, it would have the value of "BOULDER" for both the left and right side of the segment. 6. MSAG COMPATIBILITY. Besides having the same fields as the MSAG, the GIS file used should be current with the current MSAG. A good indicator that all of the above requirements are being met is if the GIS file is being presently used by the county to update their own MSAG. 7. RIGHTS TO USE. Purpose is limited to the geo-coding of all the telephone numbers, published and non-published, within the CUSTOMER's municipal or other geographic related to the delivery of Service. © 2001 Owest Corporation Page 1 Version: 05-16-01 / EPN f~ Agenda Information Memo November 6t', 2003 Eagan City Council Meeting 1. APPROVE THE 2004 FUNDING APPLICATION TO DAKOTA COUNTY FOR THE COMMUNITY LANDFILL ABATEMENT FUNDS. ACTION TO BE CONSIDERED: To approve the submission of the 2004 Funding Application for $120,328 from Dakota County to operate a Recycling Program for the Cities of Apple Valley, Eagan and Burnsville. FACTS: • Dakota County has funds available annually to help constituent cities promote and operate Landfill Abatement Programs. • The Cities of Burnsville and Eagan combined their recycling program as of March 2000. Apple Valley joined the Burnsville and Eagan Recycling Program in June of 2003. • The Cities of Apple Valley, Burnsville, and Eagan have prepared one application for all three cities, which will be submitted to Dakota County. The application for the 2004 Community Landfill Abatement Program follows Dakota County solid waste guidelines and recommendations. • The funds will be used for the Recycling and Waste Reduction Program. • The total proposed Landfill Abatement Program budget for 2004 is $131,087. Dakota County has set their maximum share of the budget at $120,328. • The City of Burnsville has enhanced services and costs above and beyond what is funded by Dakota County. The additional $10,759 will pay for the licensing of haulers, the coordination of the Household Hazardous Waste Collection, the Spring Appliance Collection and other services specific to the City of Burnsville. • Additional or Enhanced Services shall be performed for the Cities of Eagan and Apple Valley as requested on a "pay as you go" basis. ATTACHMENTS: The Community Landfill Abatement Application and the 2004 Work Plan are available in the City Clerk's office, should Council Members wish to review them. 2 Agenda Information Memo November 6, 2003, Eagan City Council Meeting J. FINAL SUBDIVISION (GARDENWOOD PONDS 6TH ADDITION) - RAY BRANDT ACTIONS TO BE CONSIDERED: To approve a Final Subdivision (Gardenwood Ponds 6th Addition) to create two single family lots at 3853 North Ridge Drive; subject to the conditions in the August 19, 2003 City Council minutes. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • The subject property is slightly over half an acre and has an existing house on the southeast half of the lot. • There is a 62.5 foot NSP easement and a 12 foot Dakota Electric easement in the middle of the property. • A house was specifically designed to accommodate the site restrictions on newly created Lot 2. The two-story house with attached three car garage meets all the minimum R-1 district standards. • The existing single family home will remain on Lot 1 and have access via North Ridge Drive, Lot 2 will have access via Stanwix Road. • The Advisory Planning Commission held a public hearing on July 22, 2003, and is recommending approval of the Preliminary Subdivision; subject to the conditions in the APC minutes. • On August 19, 2003 the City Council recommend approval of the Preliminary Subdivision; subject to the conditions listed in the City Council minutes. 120 Day Agency Action Deadline: • February 2, 2004 ATTACHMENTS (1): Final Subdivision on page 11 ~v I a ? • V ° ~ r a 33e , W >,Ln ;°s a ~ ~ so ( z Z c Z A. a; ~s 65 Z5 os $_;e<<a isl « 'e i ae_ = O CV ;b~ :2 it ij <<:.e- .'S; N~ - Ifi _5 ~3s3i' m -e°O ! z•°~ d_ _5a o _a i _ t 6 CL I .000 1t = IF, O :ice ~ .71I G e cl_.t x W O I i W - a'• i a ( , e ` - - - - a - \ taw •4C N II1 - I 4(- q Agenda Memo November 6, 2003 CONSENT AGENDA: K. HAULER LICENSES - CONSTRUCTION / DEMOLITION DEBRIS ACTION TO BE CONSIDERED: Approve Construction / Demolition Debris Licenses for Mac's Roll-off Service, Inc. and Capital Waste Systems, Inc. FACTS: • All necessary documentation has been received and fees paid • Staff deems the applications in order for approval ATTACHMENTS: • A copy of the applications are enclosed without page number Agenda Information Memo November 6, 2003 Eagan City Council Meeting L, PROJECT 902, CLIFF ROAD/LEXINGTON AVENUE TRAFFIC SIGNAL AGREEMENT ACTION TO BE CONSIDERED: Approve a Traffic Control Signal Agreement for Project 902 (Cliff Road/Lexington Avenue Intersection - Traffic Signal Improvements) with the Dakota County Transportation Department and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The Dakota County Transportation Department has scheduled the signalization of the Cliff Road (County State Aid Highway 32) and Lexington Avenue (County State Aid Highway 43) intersection for the summer of 2004. This project is in accordance with the 5-Year Capital Improvement Programs (2004 - 2008) for the City of Eagan and Dakota County. • Project 902 includes the installation of a new traffic control signal at the intersection of Cliff Road and Lexington Avenue with street lights, emergency vehicle pre- emption, and signing at the intersection • In September 2003, a traffic signal justification report was prepared by Dakota County for the intersection and according to the Minnesota Manual on Uniform Traffic Control Devices, warrants lb, 2, and 3 are met and the installation of a traffic signal control is justified. • The signal improvement ranks 3" out of 31 possible highway department signal system installations throughout Dakota County. • An agreement between the City of Eagan and the Dakota County Transportation Department has been prepared providing for the cost, maintenance, and operation of the traffic signal improvements. As set forth in the agreement, the City's financial share of these improvements is 50% of the construction, engineering, and inspection costs (Estimated Total Construction Cost = $200,000). • City staff have reviewed this agreement and found it to be similar to other traffic signal agreements and in order for favorable Council action. S/ Agenda Information Memo November 6, 2003 Eagan City Council Meeting M. REQUEST ADVANCE FROM MUNICIPAL STATE AID ROAD PROGRAM ACTION TO BE CONSIDERED: Approve a resolution requesting the Minnesota Department of Transportation to advance to the City of Eagan three years of future apportionments from the Municipal State Aid (MSA) Construction account. FACTS: • The Municipal State Aid (MSA) program distributes to each Minnesota city (over 5,000 population) a portion of the gas tax money allocated by the State. These funds are required to be used for the maintenance of existing streets and the construction of new streets on the City's designated State Aid roadway system. Only 20% of the city's local street mileage is eligible for this designation. • The apportionment of the gas tax money to eligible cities is based on a formula of population and construction needs. The City of Eagan's apportionment for 2003 was approximately $1.5 million. • The MSA program now allows for cities to advance funds in excess of their annual apportionment, with no interest costs, for use in the construction of streets in the State Aid roadway system. The advances can be in the amount of a total of three years of annual allocations. • This resolution requests the Commissioner of Transportation to advance the City of Eagan a total of $4.5 million from three years of the future State Aid Construction Account payments. With the advance, the City then will not receive its annual apportionments for the next three years. ATTACHMENTS: • State Aid Advance Resolution, page5a. S97~ RESOLUTION WHEREAS, the City of Eagan is planning to implement Municipal State Aid Street Project(s) in 2004 which will require State Aid funds in excess of those available in its State Aid Construction Account, and WHEREAS, said City is prepared to proceed with the construction of said project(s) through the use of advance encumbrances from the general State Aid Construction Account to supplement the available funds in their State Aid Construction Account, and WHEREAS, repayment of the funds so advanced will be made in accordance with the provisions of Minnesota Statutes 162.14, Subdivision 6 and Minnesota Rules, Chapter 8820. NOW, THEREFORE, Be It Resolved: That the Commissioner of Transportation be and is hereby requested to approve this advance for financing approved Municipal State Aid Street Project(s) of the City of Eagan in an amount up to $4,500,000 in accordance with Minnesota Rules 8820.1500, Subparagraph 10b. I hereby authorize repayments from subsequent accruals to the Municipal State Aid Street Construction Account of said City in accordance with the schedule herein indicated: (initial one) X Repayment from entire future year allocations until fully repaid. Repayment from future year allocations in amounts listed below until fully repaid (maximum 3-year repayment). I HEREBY CERTIFY that the above is a true and correct copy of a resolution presented to and adopted by the City of Eagan, County of Dakota, State of Minnesota, at a duly authorized City Council Meeting held in the City of Eagan, Minnesota, on the 6th day of November, 2003, as disclosed by the records of said City on file and of record in the office. Maria Petersen, City Clerk City of Eagan (SEAL) Agenda Information Memo November 6, 2003 Eagan City Council Meeting N. PROJECT 896, LAKESIDE ESTATES STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 896 (Lakeside Estates - Street Improvements) and schedule a public hearing to be held on December 1, 2003. FACTS: • On June 3, 2003 the City Council directed staff to prepare a feasibility report considering a street rehabilitation of the streets in the Lakeside Estates area, including Atlantic Hills Drive, Superior Court, Erie Court, Huron Court, and Michigan Court. • The bituminous overlay of the streets within the Lakeside Estates neighborhood is programmed for 2004 in the City of Eagan's 5-Year CIP (2004-2008). • An informational neighborhood meeting will be held with the adjacent property owners prior to a public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for December 1, 2003. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. ~5~1 Agenda Information Memo November 6, 2003 Eagan City Council Meeting 0. PROJECT 897, WILDERNESS PARK 2ND & 3RD ADDITIONS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 897 (Wilderness Park 2nd & 3rd Additions - Street Improvements) and schedule a public hearing to be held on December 1, 2003. FACTS: • On June 3, 2003 the City Council directed staff to prepare a feasibility report considering a street rehabilitation of the streets in the Wilderness Park 2nd & 3rd Addtions, north of Wilderness Run Rd. and west of Lexington Ave. • The bituminous overlay of the streets within this neighborhood is programmed for 2004 in the City of Eagan's 5-Year CIP (2004-2008). • An informational neighborhood meeting will be held with the adjacent property owners prior to a public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for December 1, 2003. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. "5~ Agenda Infonnation Memo November 6, 2003 Eagan City Council Meeting P. PROJECT 01-N, MANLEY ADDITION ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 01-N (Manley Addition - Street & Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Manley Addition is a 30-lot single-family subdivision constructed along the west side of Dodd Road south of Cliff Road (County Road 32). This development required the installation of sanitary sewer, water main, storm sewer and street improvements, all performed privately by the developer under the conditions of the development contract agreement. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. Agenda Information Memo November 6, 2003 Eagan City Council Meeting 0. PROJECT 01-0, PERRON ACRES ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 01-Q (Perron Acres - Street & Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Perron Acres is a 24-lot single-family subdivision constructed along the east side of Dodd Road between Wescott Road and Diffley Road (County Road 30). This development required the installation of sanitary sewer, water main, storm sewer and street improvements, all performed privately by the developer under the conditions of the development contract agreement. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. Agenda Information Memo November 6, 2003 Eagan City Council Meeting R. PROJECT 02-C, NATURE'S EDGE ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 02-C (Nature's Edge - Street & Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Nature's Edge is a 19-lot single-family subdivision constructed along the west side of Dodd Road south of Cliff Road (County Road 32). This development required the installation of sanitary sewer, water main, storm sewer and street improvements, all performed privately by the developer under the conditions of the development contract agreement. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. Agenda Information Memo November 6, 2003 Eagan City Council Meeting S. MURPHY FARM 3rd ADDITION (LOTS 18 & 19, BLOCK 1) EASEMENT VACATION ACTION TO BE CONSIDERED: To receive the petition to vacate a portion of a public drainage and utility easement and schedule a public hearing to be held on December 1, 2003. FACTS: • On October 17, 2003, City staff received a letter from Shelly Dritz, representing Aarbor Homes, requesting the vacation of the existing side lot drainage and utility easements on Lots 18 and 19, Block 1, Murphy Farm 3RDAddition, northwest of the Deerwood Drive overpass and I-35E. • The drainage and utility easements were originally dedicated as part of the Murphy Farm 3RDAddition plat as typical side lot easements on the common lot line for Lots 18 and 19. • The purpose of the request is to allow the realignment of the common lot line between these two lots. The realignment of the lot line would address the encroachment of the driveway for Lot 18 onto Lot 19. The new common lot line would enable the driveway to be located completely upon Lot 18. • Lot 18 has an existing home that is currently occupied. Lot 19 is a vacant lot owned by Aarbor Homes. • The vacation of the drainage and utility easements would allow the realignment of the common lot line. New side lot drainage and utility easements should be dedicated as part of the revision of Lots 18 and 19. • Notices will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. ATTACHMENTS: • Legal Description Graphic, page. • Petitioner's Letter, page. S9 N LLJ 0 0 0 = N FcE yMOOU w.~rdc vCC ¢C~b~ i2 ~ O~~ 3 Kr° ; aiu IJ~<~ ~S3 za II mCwow"w c '~°tl P9Cow w WW `o -Orn~ °a.v]~ t/~a V 2 nUr Jy-rYE4 JyE~E~ FOww~s8 Q J0 O°S ~4 ? o:MO No o" 2' ZZ°° r6~ Wr~w°~ WO ~Wj-r 0001 wo = OY~ N~ w~yN Opp 3~ OY Ow CyN ;~Q ~~,~j z Oz Nov bm LL W LL~E CYm G1~1 < If YC ,.in O ~F < r S QY J Q o° o E« ; Y m w° o ~d E« €oYwY W V D U y I (n ~1 U~~ r0" C0 O U ~U-[ V~ qy p0~~'«P o ~2 jfZ~j^ W ~pJ cJ Q Y0-C tOY C J a Qi 0Yom' LYti ~J9 35Q- O~<x.- I6J O a I amEo oom€pt a yo m«o orig So~2 m~J ctlc ~a a Y'n _ r z-" r~ n- p1 r c Jo !5Ortl C 'm J f f ~ ~«CC O?OSC p }}y}11l~1112 ~ O<JF r . J p«° Py~ U C{ P ° U C Y C UI L QU<~ ° F¢ J N VI 0 1, x .2 9g °a P~.C. cCYC"PCo mo, = nZOow cyo.c°°.: ~[Szu u z S h C°E OLD °Lntl tl tl OO or o mSY~«03 y~p w s I =QOM 9° add it U~<< I a z I C7 c =1 *I C # = I * * I ! I of 03 I r *ao* I I in I I ° I Q C~ I M I W & I aoknN I ~ N ~io 1 I ~ \ W 1 \ WO 3 I 7a 10 iV S I O afa I ~ I :M I i,Z r Qw I z SZ YL£,80.£OS h I of m M 77 sm; I z orn ono r< y' • O J 0- U i~o I G ° w 0 w yn I < Z a cA I Z \ of ~n LLI I ffiw I Ch w O $ I xw I I N W I aQ I C I m In I O O I ° ~2 I O] I o l I V nom I i Q i N I J J ..L n Q s l Q N 0 a I yvwli I CL °~FJ I K O 0000 I LL U \ \ No LIJ YDpsfs \ / 7 p p zZOt~D n ~bM F 1Q, o' o w N arbor 0 mesn c As the owner of Lot number 19, Block 1, Murphy Farm Addition, (parcel A) Aarbor Homes, Inc. is requesting a waiver of subdivision as well as C the vacation of an easement. a c Relevant Background Information regarding this request: Aarbor Homes, Inc. built the existing home located on Lot number 18, ' Block 1, Murphy Farm Addition, (parcel B) and sold the home in - December of 2002. In the spring/summer of 2003, as we prepared to build anew model home on Lot number 19, Block 1, it was discovered that there had been an error made in locating/pouring the blacktop driveway and the now existing driveway encroached on the lot line of Lot number 19 Due to this situation, it would be a hardship to remove the existing driveway of Lot 18, as the home is occupied. At this point, we (Aarbor) ; were already underway in the construction of our new model home-on Lot number 19. .r We (Aarbor) have met and discussed with the homeowners of Lot I8, and Aarbor Homes has agreed to freely give an additional amount of 588 square feet of lanc'that previously was included in the square footage amount of Lot number 19 (parcel A). ' By changing the lot lines to both parcels, we (A,arbor) f - el-it would be in the best interests of both Lot 18 and .19, to resolve any; future discrepancies and also request-a petitiontto vacate The vacation request would move the existing easements`to 6,66r,mate with the_new lot lines df K;,{ both parcels. jg ti', y}`.tt ~f ' t 4Yy'l T{ _ t Both requests meet all lot area requirements including setbacks for the. R } 1 zone. • ~ +t t`ri r wt~ may, 1i F~ , t - - ~~~~4 c lt4r.:5 ~"R t`K'fl tly d'. i .11 • 1,24 -t N, g der Agenda Information Memo November 6, 2003 Eagan City Council Meeting T. AMEND SNOW REMOVAL SERVICES CONTRACTS ACTION TO BE CONSIDERED: Approve the amendment and renewal of the contractual snow plowing agreements with Magnum Company, LLC, and Gallaghers Inc., for the 2003/2004 and 2004/2005 snow seasons and authorize the Mayor and City Clerk to execute all related documents. FACTS: • In 1994, the City entered into a renewable contract for Street Snow and Ice Control Services with Gallaghers' Inc. to handle one (1) cul-de-sac and three (3) mainline routes. This contract includes and annual fee schedule. Gallaghers' Inc. has provided excellent service to the City during every year of this contract. • The City has received quotes from Gallaghers' Inc. for the 2003/2004 and 2004/2005 snow season requesting an amendment to the fee schedule for a 2.35% increase from last year's rates due to an increase in wages and fuel. They have guaranteed these rates through the spring of 2005. • Kieger Enterprises has performed the contractual plowing of our trails and sidewalks for the last six snow seasons. This contract also includes an annual fee schedule. We have received excellent service and very desirable response times from Kieger and many positive comments from our residents. In 2003, Keiger Enterprises changed names to Magnum Company, LLC. • The City has received quotes from Magnum Company for the 2003/2004 and 2004/2005 snow season requesting an amendment to the fee schedule for a 2.35% increase from last year's rates due to an increase in wages and fuel. They have guaranteed these rates through the spring of 2005. • The City Attorney's office has reviewed the proposed renewal contracts and found everything to be in order for favorable Council consideration. • A copy of the contract and new rate schedule is in the Public Works Supt.'s office and is available for review if any Councilmember so desires. 1'J Agenda Information Memo November 6, 2003 Eagan City Council Meeting U. BLUE CROSS BLUE SHIELD WELL FIELD DEVELOPMENT, PROD. 901 ACTION TO BE CONSIDERED: Authorize Barr Engineering to prepare a feasibility Report for Project 901 (Blue Cross Well Field Development). FACTS: • The City's Comprehensive Water Supply and Distribution Plan provides for the next phase of the North Well Field development to extend west across the Blue Cross Blue Shield (BCBSM) property with approx. 3-5 new wells. • In 1996, Barr performed a Ground Water Modeling Analysis and conceptually sited the location of these future wells. Now that BCBSM is starting to develop their property, it would be timely to update this study, incorporate the proposed new development layouts and evaluate the most cost efficient sequence for implementing these new wells and installing the related raw water transmission mains to complement the completion of the North Water Treatment Facility expansion now under construction. • Two of these wells are currently programmed for 2007 in the 5-year CIP. ~ 1 3 Agenda Information Memo November 6, 2003 Eagan City Council Meeting V. PROJECT 01-G, SAFARI AT EAGAN 3" ADDITION ACTION TO BE CONSIDERED: DENY the request for a time extension of the development agreement for Project 01-G (Safari at Eagan P Addition - Street & Utility Improvements) and authorize the completion through enforcement of the development agreement security. FACTS: • Safari at Eagan 3~d. Addition is being constructed on the west side of Thomas Center Drive, north of Cliff Road. This development required the installation of sanitary sewer and water main, as well as public sidewalk, which is all being performed privately by the developer under the terms and conditions of the development contract agreement. • The developer, Robert A. Johnson, Chief Manager of Thomas Lake Executive Center, is requesting a time extension for the completion of the improvements, including the sidewalk installation and site grading and restoration, but provides no rationale for this requested extension or reasons why it hasn't been completed according to the development agreement schedule. The completion date approved in the development contract is September 15, 2003. • The utility installations for this small development were completed in 2002. The site is in an unacceptable state of disrepair that could be properly addressed with a small amount of effort for grading and restoration. The sidewalk area has been graded for nearly all of this construction season, but the aggregate base and sidewalk have not been installed at the writing of this report. • The time extension request has been reviewed by representatives of the Public Works Department and found to be in order for denial by the City Council. Completion of the outstanding improvement items should occur by the expenditure of the developer's financial security. ATTACHMENTS: • Letter from Contractor, page . b `7'' THOMAS LAKE EXECUTIVE CENTER, LLC RECEIVED October 24, 2003 OCT 2 7 2003 Stanley G. Lexvold E AGE, City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 Re: Development Contract for Thomas Lake Executive Center, Safari at Eagan 3`d Addition G"~ ~IZv~ ,z p j Dear Mr. Lexvold: I hereby wish to be granted a time extension for the improvements on the above mentioned contract with the City of Eagan until July 1, 2004. Grading, restoration and landscaping will occur with subsequent phases of the project, currently scheduled for completion October31,2004 for the second phase, October 31, 2005 for the third phase, and October 31, 2006 for the final phase. Sincerely, Thomas Lake Exgc-u e Center, LLC Robert A. Johnson, Chief Manager 10590 WAYZATA BLVD, SUITE 300 • MINNETONKA, MINN. 55305 PHONE: 952-540-9496 • FAX: 952-540-9446 Agenda Information Memo November 6, 2003 Eagan City Council Meeting W. APPROVE CORRESPONDENCE TO THE METROPOLITAN AIRPORTS COMMISSION (MAC) TO VOICE OPPOSITION TOWARDS THE POSSIBLE RELOCATION OF THE MINNESOTA ARMY NATIONAL GUARD TO THE MSP AIRPORT, PER THE RECOMMENDATION OF THE AIRPORTS RELATIONS COMMISSION. ACTION TO BE CONSIDERED: To approve sending correspondence to the MAC to voice opposition towards the possible relocation of the Minnesota Army National Guard to the MSP Airport, per the recommendation of the Airport Relations Commission. FACTS: ■ At the October 14, 2003 Eagan Airports Relations Commission (ARC) meeting, the ARC discussed the possible relocation of the Minnesota Army National Guard to the MSP Airport. ■ The ARC noted the potential increase in air traffic that could occur over Eagan should the Guard move to the MSP Airport, and for that reason, recommended that the City Council send correspondence to the Metropolitan Airports Commission to voice opposition to the Minnesota Army National Guard moving to the MSP Airport. ■ The Commission did note that they would be supportive of the Guard staying in St. Paul or moving to one of the other potential sites, which include Willmar, St. Cloud, or Mankato. ■ MAC Executive Director Jeff Hamiel was contacted to ask for his opinion of the potential move of the Guard to the MSP Airport. ■ Mr. Hamiel stated that the purpose of the MSP Airport is to accommodate large aircraft, and since the relocation of the Guard would result in the introduction of smaller aircraft, including helicopters, the aircraft mix would not be compatible. ■ In addition to non compatible aircraft types, Hamiel also noted that introduction of the Guard's aircraft to MSP would likely increase noise around MSP, including over the City of Eagan. ■ Hamiel noted that he continues to meet with the Guard's Executive Director Col. Denny Lord and Acting Adjutant General Brig. Gen. Harry Sieben to encourage the Guard to remain in St. Paul and lobby for improvements to the St. Paul Downtown Airport. ■ Mr. Hamiel encouraged the City of Eagan to send correspondence to the MAC Commission, as well as Governor Pawlenty, to oppose the possible relocation of the Minnesota Army National Guard to the MSP Airport. ■ A summary of the action being requested of the Council was also included in the Council's October 17, 2003 Additional Information Memo, in which it was noted that the proposed correspondence would be scheduled for an upcoming consent agenda. ATTACHMENTS: ■ Enclosed on page42 is a draft letter to Vicki Grunseth, Chair of the Metropolitan Airports Commission, voicing the City's opposition towards the relocation of the Minnesota Army National Guard. DRAFT 40k~CRV of eagan PAT GEAGAN Mayor November 6, 2003 Ms. Vicki Grunseth PEGGY CARLSON Chair, Metropolitan Airports Commission CYNDEE FIELDS 6040 28th Avenue South MIKE MAGUIRE Minneapolis, MN 55450 MEG TILLEY Dear Ms. Grunseth: Council Members In official action taken at the November 6, 2003 Eagan City Council meeting, the City Council approved sending correspondence to the Metropolitan Airports Commission THOMAS HEDGES (MAC) to voice opposition towards the relocation of the Minnesota Army National City Administrator Guard to the MSP Airport, per the recommendation of the Eagan Airports Relations Commission. While the City recognizes that the Guard has no firm plans to relocate at this time, the Municipal Center: City of Eagan has chosen to be proactive in voicing opposition to the potential relocation 3830 Pilot Knob Road to MSP due to the increase in air traffic that would result in our community. Furthermore, the relocation of the Guard would introduce smaller aircraft to MSP, which could lead to Eagan, MN 55122-1897 incompatibility with the large aircrafts that the airport currently accommodates. Phone: 651.675.5000 Fax: 651.675.5012 The City encourages the MAC to continue discussions with the Minnesota Army National Guard to ensure that the Guard does not relocate to the MSP Airport. Thank you TDD: 651.454.8535 for your consideration of the City's request. The City of Eagan looks forward to continued dialogue with the MAC. Maintenance Facility: 3501 Coachman Point Sincerely, Eagan, MN 55122 Phone: 651.675.5300 Fax: 651.675.5360 Pat Geagan Mayor TDD: 651.454.8535 cc: Jeff Hamiel, MAC Executive Director www.cityofeagan.com Governor Tim Pawlenty THE LONE OAK TREE The symbol of strength and growth in our community / /2 Agenda Memo November 6, 2003 Consent Agenda X . Open Space Agreement for Kohl's Department Store ACTION TO BE CONSIDERED: To approve the Open Space Agreement for Kohl's Department Store, Walmart, and Town Centre Shoppes. FACTS: • In 1993, a no build open space of 60 feet clear area was established around Kohl's Department Store, WalMart and the Town Centre Shoppes. • This unbuildable space allowed the buildings to be constructed the size that they requested. • The 1985 Uniform Building Code allowed this technique. • In October 2002, representatives of Kohl's approached City staff concerning expansion possibilities and were advised of the Open Space Agreement. • Changes in Building Code provisions allowed the 60 feet open space to be reduced to 40 feet provided more fire-resistive construction is attained. The 2000 International Building Code has been adopted by the City of Eagan. • In June 2003, a building permit was issued for the Kohl's expansion with the condition that the modified 40 foot no building agreement is approved by the City Council and recorded at Dakota County. ATTACHMENTS: • Memo from Qty Attorneys Office regarding Consent to Open Space Agreement for Kohl's ' • Open Space Agreement CJ SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. SUITE 600 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124-7580 (952) 432-3136 TELEFAX NUMBER (952) 432-3780 E-MAIL bauerr@seversonsheldon.com TO: Thomas L. Hedges, City Administrator CC: Michael G. Dougherty, City Attorney Dale Schoeppner, Chief Building Official FROM: Michael D. Klemm, Assistant City Attorney DATE: October 29, 2003 RE: Consent to Open Space Agreement for Kohl's Our File No. 206-4768 In connection with the expansion of the Kohl's store in Eagan, C & H Investment Company, Wal-Mart Real Estate Business Trust, Congress Street Exchange Fund 1992 Limited Partnership, and Eagan Shopping Center, Inc., have submitted an Open Space Agreement to allow a reduction of the permanent open space around the buildings from 60 feet to 40 feet providing building code requirements are met. The Open Space Agreement will replace a previous Open Space Agreement, which provides that City Council approval is required for such a change. Our office has reviewed and approved the proposed Agreement as to its form. 6 10/26/2003 11:45 REAL ESTATE & STORE PLNG 4 916516755012 NO.367 P02 ro, OPEN SPACE AGREEMENT THIS AGREEMENT is made this day of 2003 by C&H INVESTMENT COMPANY, a California partnership (hereinafter called "C&H"), WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust (hereinafter called "Wal- Mart"), CONGRESS STREET EXCHANGE FUND 1992, L.P.,, (hereinafter called "Congress"), and EAGAN SHOPPING CENTER, INC., a Delaware corporation (hereinafter called "Eagan") (hereinafter collectively called the "Parties' RECITALS: WHEREAS, C&H is the owner of that certain tract of land located in Dakota County, Minnesota, described as Lot 1, Block 1, Town Centre 70 Fifteenth Addition; and WHEREAS, Wal-Mart is the owner of that certain tract of land located in Dakota County, Minnesota, described as Lot 1, Block 1, Town Centre 70 Eleventh Addition; and WHEREAS, Congress has a leasehold interest in that certain tract of land located in Dakota County, Minnesota, described as Lot 1, Block 1, Town Centre 70 Eleventh Addition by virtue of a ground lease from Wal-Mart; and WHEREAS, Eagan is the owner of that certain tract of land located in Dakota County, Minnesota, described as Lot 2, Block 1, Town Centre 70 Second Addition and Outlot A Town Centre Fifteenth Addition; and WHEREAS, the real estate described herein lies within the jurisdiction of the City of Eagan (hereinafter called the "City"); and WHEREAS, 24th & Hennepin Center Partnership (predecessor in interest to C&H), Wal-Mart, and Eagan Tower Office Building Partnership (predecessor in interest to Eagan) entered into an Agreement (60' Yard) dated December 11, 1993 and recorded in the Office of the County Recorder of Dakota County, Minnesota on December 29, 1993 as Document No. 1179561 (hereinafter called the "1993 Agreement"), and the Parties now wish to terminate the 1993 Agreement; and WHEAS, the Parties have constructed or wish to construct on their respective properties separate buildings (hereinafter called "Primary Buildings") comprising an integrated shopping center as shown on the Site Plan attached hereto as Exhibit A; and WHEREAS, the Parties have agreed that the proposed Primary Buildings shall be treated as a single unit for the purpose of establishing a permanent open space of 60' with allowable reduction to 40' (hereinafter called the "Yard") in compliance with Section 507.4 G:ZKAREtLEGALSTOROSWNeAGANWGREEMENT071703.DOC 1 10/28/2003 11:45 RERL ESTATE & STORE PLN5 916516755012 NO.367 903 of the 2000 International Building Code, (hereinafter called "IBC") provided certain requirements are met; NOW, THEREFORE, in consideration of the premises and the mutual covenants hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree that the real estate described herein shall be held, sold and conveyed subject to the following covenants and restrictions which shall run with the land herein described, shall be binding on all parties having any right, title or interest in the land herein described, and upon their heirs, successors, and assigns as owners thereof: 1. . V- The Parties agree that the Yard shall adjoin the Primary Buildings as shown cross-hatched on the attached Site Plan and such space shall be maintained as a yard as defined in the IBC; provided, however, that this Agreement shall not prevent the Yard from being used for utility easements, driveways, sidewalks, curb and gutter, parking, landscaping and similar uses which do not constitute buildings or structures as contemplated by the IBC. 2. The parties agree that the proposed Primary Buildings shall be treated as a single unit for the purpose of establishing a permanent open space of 40` (hereinafter called the "Yard") in compliance with Section 507.4 of the 2000 International Building Code, (hereinafter called "IBC") provided the following requirements are met: (a) The reduced open space shall not be allowed for more than seventy- five percent (75%) of the perimeter of the building. (b) The exterior wall facing the reduced open space shall have a minimum fire resistance rating of three (3) hours. (c) Openings in the exterior wall facing the reduced open space shall have openipg protectives with a fire resistance of three (3,~ hours. 3. This Agreement shall not prohibit the expansion of any of the Primary Buildings so long as the Primary Buildings are entirely surrounded and adjoined by a Yard. Nothing contained in this Agreement shall require a party hereto to modify or alter any building or other structure which is in existence on the date of this Agreement. 4. Upon execution of this Agreement, the 1993 Agreement is terminated. 5, The City is hereby granted the power to enforce the requirements of this Agreement as if it were a party hereto, which power of enforcement shall be in addition to all other legal and equitable remedies available to the City, including the refusal to issue building permits for any building or structure which would violate the Yard. G:%SMARE%LEGALLSTORESIMNNEAGANWGREEMENT071703.DOC 2 10/28/2003 11:45 REAL ESTATE & STORE PLNG ~ 916516755012 NO.367 D04 6, Notwithstanding anything herein to the contrary, no amendment, release or termination of any of the provisions of this Agreement set forth herein shall be effective or may be filed of record unless the City of Eagan consents to the amendment, release or termination. Such consent must be evidenced by a resolution duly approved by the City Council, or successor body, unless the City Attorney for the City approves in writing an alternative format to evidence that consent, The parties expressly acknowledge and agree ghat the Cliy has no obligation whatsoever to approve or act upon any proposed amendment, release or termination, and may withhold or delay consent for any reason or none whatsoever, or may condition consent upon such terms as the City deems desirable, It being the City's absolute right and prerogative to insist that the terms of this Agreement remain in effect and unaltered and to permit amendment, release or termination only at such times and under such circumstances, if any, as the City deems desirable in the exercise of its discretion. Each party further agrees and covenants, consistent with this acknowledgement, not to institute any legal proceedings against the City of Eagan on the grounds that the City failed to respond appropriately to a proposed amendment, release or termination, and to indemnify the City of Eagan against any expense, including litigation costs, which the City incurs as a result of any violation by that party of this covenant. The City may, at any time, give up the right to approval granted hereunder, said action to be evidenced by City Council resolution or other format approved by the City Attorney. Notwithstanding anything herein to the contrary, the Yard shall not be deemed dedicated to the public or otherwise public land, and the City of Eagan shall have no obligation and no right, not otherwise existing independent of this agreement, under this agreement or under the ordinances, statutes and other laws under which the City operates, to maintain or administer the Yard. 1!. 7. Nothing contained in this Agreement shall require any party hereto'to modify or alter any building or other structure which is in existence on the date of this Agreement, so long as the permanent open space adjacent to the building or structure is not reduced from 60' to 40' in connection with this Agreement. G;4NARELECA\ I RES1MNlEAGANUIGREEMENT 071709.OOC 3 10/28/2003 11:45 REAL ESTATE & STORE PLNG -i~ 916516755012 NO.367 905 IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above. C&H INVESTMENT COMPANY By: Char Ws S. robe Its General Partner WAL-MART REAL ESTATE BUSINESS TRUST By: Its: CONGRESS STREET EXCHANGE FUND 1992, L.P. By: Its: EAGAN SHOPPING CENTER, INC. By: Its: G:ISHARE%ECAUSTORESWNMFAGANIAGREEMENT071T09.D0C 4 N0.367 906 10/28/2003 11:45 REAL ESTATE & STORE PLNG 4 916516755012 CALIFO IIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss County of LrZ~t ANC-stiE~S On 1V% 1 I-Z, -447Cr3, before me, ~~t?~ `-t • E ~-'^*y ca , Date Name and Tift of after Vans Dos, Notary Put,10 personally appeared S , t~2 C7_ ( N4n1,(s) of 319n..(0) ❑ personally known to me -improved to me on the basis of satisfactory evidence to be the person(s}--whose name(s~-is/are- suttscribed to the within instrument' and acknowledged to me that helsieehherexecuted 1 JASON YO SAE-KUNG the same in hislhcrlthieir authorized ) commdssion # 1304429 capacity(+es}, and that by his/Iterhi-eir ( q, Notory'Pttbilc • California toe Ange(ee county signature(p} on the instrument the persona), or My 200611 the entity upon behalf of which the person* 1 acted, exec e' trument. t WiTN S h official seal. t Place Notary 3801 Move Signature of utary Ilc ,y OPTIONAL Though the information below is not required by low, d may prove vaiueblo to persons r#Vng on. the document i and could prsvanffraudu4nt ramoya(and reattachment or this form to another document. l Oescription of Attached Document Title or Type of Document- Document Date: Number of Pages: Signer(s) Other Than Named Above: r Capacity(lea) Claimed by Signer Signer's Name: 1 ❑ Individual - Top of thvmp here 0 Corporate Officer - Title(s): 1 ❑ Partner Limited D General -0 Attorn4ty in Fact L-3 Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: 0 toes j%" nmoy A=ftdlen • SM Oa Bolt Ara.. P.O.9*X 2402. Cnoeuranh, CA e,s,a•yw2-,.o,..not!onunnrary-aq Proa. W scar Awrdoe. CA 1WhFm.1•aoo•afeee2] 10/26/2003 11:45 REAL ESTATE & STORE PLNG 4 916516755012 NO.367 P07 Mon, Oct - -M OTT Fax 126271037105 Pag6a 6 of 8 IN WITNESS WHEREOF, the par# e~ have executed this Agreement on `.lie date first above. C&H INVESTMENT COMPANY i, By: Charles S. Grobe i its General Partner WAL-MART REAL. ESTATE BUIINESS TRUST t~ By: Its: \j icy lc~= ~~fol-Il~of~cl~~C'~~~U CONGRESS STREET EXCI- ANGE FUND 1992, L.P. 4 l Its: EAGAN SHOPPING CENTER, 1`1C, By: Its. r f i G;1SHP,REILC-G<.L1510Rfi51MMEAGPNWGitE6M~NT 071703.000 4 j 10/28/2003 11:45 REAL ESTATE & STORE PLNG 4 916516755012 NO.367 Poe (M67oct 2003 17:06:20 -0600) (8c9616897c314a099047965280710f50) Fax 1262 37105 Page 7 of 8 r STATE OF ARKANSAS } E ) ss. r COUNTY OF BENTON The foregoing insiru ent was acknowledged before me this jday of 2003, by the 'e- of WALWART REAL ESTATE 6USINESS ST, a Delaware statutory trust, on behallf of the trust. Notary Public My Commission: l STATE OF ) Laurlb 0, M6r, Nalwy Public s s • Benson County, State of Arkansas COUNTY ql= 1 MyCofnmission moires 6115/2010 ; 3 t The foregoing instrument was acknowledged before me this ___r__, day of 2003, by the, of CONGRESS STREET EXCHANGE FUND 1992, L.P., a limited partnership, on behalf of the limited partnership, Notary Public My Commission: STATE OF ) } 5S, COUNTY OF ) The-fefegoing instrument was acknowledged before ma this day of 2003, by _ , the of EAGAN SHOPPING CENTER, [NC., a corporation, on behalf of the corporation. Notary Public My Commission_ This instrument was drafted by: Alan J- Salle Kohl's Department Stores. Inc. N 56 W1 7000 Ridgewood Drive Menomonee Falls, WI 53051 262•-703-1476 i G:1SMAaE1LEGAL%ETO RFSV.4NIEAGAN'%AGREEd.1ENT 071703.Dt7C 4 10/28/2003 11:45 REAL ESTATE & STORE PLNG 4 916516755012 NO.367 909 IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above. C&H INVESTMENT COMPANY By: Charles S. Grobe its General Partner WAL•MART READ ESTATE BUSINESS TRUST By: Its: CONGRESS STREET EXCHANGE FUND 1992, L.P. By: ",-hova.) Its: F=M 2ro EAGAN SHOPPING CENTER, INC. By: Its: G:LSHAREILEGAUSTORESWNIEAGANWGREEMENT 071703.DOC 4 10/28/2003 11:45 REAL ESTATE & STORE PLNG 916516755012 NO.367 D10 STATE OF ARKANSAS ) ' } 5S. COUNTY OF BENTON ) The foregoing instrument was acknowledged before me this day of , 2003, by , the r tWAL-M, T REAL ESTATE BUSINESS TRUST, a Delawam statutory trust, on behalf of the trust. Notary Public My Commission: STATE OF AAS-s AC# v Sari S )Ss, COUNTY OFSU 1=ruI- k-- The foregoing instrument was acknowledged before me this _e2;2 day of 2003, by f 4 c A -'b w ~ 5 r_ , the ! ✓-,4, of CONGRESS STREET EXCHANGE FUND 1992, L.P., a CA le _01-1 limited partnership, on behalf of the Jimited partnership- Notary Pub is /.,rj~ 7 My Commission: STATE OF } ) ss. COUNTY OF } The foregoing instrument was acknowledged before me this day of , 2003, by , the of EAGAN SHOPPING CENTER, INC., a corporation, on behalf of the corporation. Notary Public My Commission: This instrument was drafted by: Alan J. Salle Kohl's Department Stores, Inc. N56 W17000 Ridgewood Drive Menomonee Falls, W153051 262-703-1476 (3:ISKWMEWL1STO KSWMEAQANAOREEMENT 471703.00C 5 10/28/2003 11:45 REAL ESTATE & STORE PLNG 4 916516755012 NO.367 D11 IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above. CSH INVESTMENT COMPANY By: Charles S. Grobe Its General Partner WAL-ORT RIA6 ESTATE 9VSIN&6$ TRUST By: Its: CONGRESS STREET EXCHANGE FUND 1992, L.P. By: Its: EAGAN SHOPPING CENTER, INC. By: ts• VICe President 10/28/2003 11:45 REAL ESTATE & STORE PLNG 4 916516755012 NO.367 P12 STATE OF ARKANSAS } ) ss. COUNTY OF BENTON } The foregoing instrument was acknowledged before me this day of 2003, by , the of WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust, on behalf of the trust. Notary Public My Commission. STATE OF ) ss, COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2003, by , the of CONGRESS STREET EXCHANGE FUND 1992, L.P., a limited partnership, on behalf of the limited partnership. Notary Public My Commission: STATE OF ea' } } ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2003, by ..~A n Joh n 5 orn , the 11 i~,~ ~retpld=4- . of AGAN SHOPPING CENTER, INC., a corporation, on behalf of the corporation. tiNN Nog 1 1, pfi g No bli M mmission: oq D Alt % ~k'- tiOF : . V V 10/29/2003 11:45 REAL ESTATE & STORE PLNG 4 916516755012 NO.367 913 CONSENT TO OPEN SPACE AGREEMENT In recognition of the grant of the power to enforce the requirements of this Agreement as if it were a party hereto, the City of Eagan, County of Dakota, State of Minnesota, hereby consents to the attached Open Space Agreement. IN WITNESS WHEREOF, the undersigned has executed this Consent as of the day of , 2003. CITY OF EAGAN, a Minnesota municipal corporation By: Pat Geagan Its: Mayor By: Maria Karels Its: Clerk STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this _ day of , 2003, by Pat Geagan and Maria Karels, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the corporation. Notary Public My Commission: This instrument was drafted by: Alan J. Salle Kohl's Department Stores, Inc. N56 W17000 Ridgewood Drive Menomonee Falls, WI 53051 262-703-1476 O city of eagan October 29, 2003 PAT GEAGAN Mayor MR JAMES HEFFERNEN PEGGY CARLSON KOHL'S CORPORATE OFFICES CYNDEE FIELDS N56 W 17000 RIDGEWOOD DR MENOMONIE FALLS, WI 53051 MIKE MAGUIRE MEG TILLEY Dear Mr. Heffemen: Council Members In furtherance of our conversation earlier today, I would like to document that the City of Eagan will allow Kohl's Department Store to stock the shelving units in its addition. This may occur providing you obtain permission from the contractor, Witcher Construction, and a barrier is put in THOMAS HEDGES place to keep customers out of the addition until a temporary Certificate of Occupancy can be City Administrator issued. The 40 foot no build agreement is on the November 6, 2003 City Council agenda. Upon a successful vote by the Council, our division will be able to perform a final inspection at which Municipal Center: time we can issue a temporary Certificate of Occupancy providing: 3830 Pilot Knob Road 1. The date of the agreement in Paragraph 1 is filled in and the notary block for Eagan Shopping Eagan, MN 55122-1897 Center with the State of incorporation is completed. Phone: 651.675.5000 2. A receipt is brought to our office showing that the agreement has been filed with Dakota County. Fax: 651.675.5012 3. No unforeseen circumstances arise that require further action. TDD: 651.454.8535 The unconditional Certificate of Occupancy will be issued after the agreement has been fully recorded with Dakota County. Maintenance Facility: If you have any questions or concerns, do not hesitate to contact me at 651-675-5699. The City 3501 Coachman Point of Eagan is very pleased at Kohl's success in our City and is encouraged by your investment in Eagan, MN 55122 the future. Phone: 651.675.5300 incerely, Fax: 651.675.5360 / TDD: 651.454.8535 L Dale Schoeppner www.cityofeagan.com Chief Building Official DS/js cc: Steve Erickson, Witcher Construction, 9855 W. 78th St, Ste. 270, Eden Prairie, MN 55344 Tom Hedges, City Administrator THE LONE OAK TREE Jon Hohenstein, Community Development Director The symbol of strength Mike Ridley, City Planner Mike Lence, Senior Building Inspector and growth in our community Fc;- Agenda Information Memo November 6, 2003 Eagan City Council Meeting Y. Approve 2004 Eagan Convention & Visitors Bureau Budtet ACTION TO BE CONSIDERED: To approve the 2004 Eagan Convention & Visitors Bureau Budget as presented at the October 28, 2003 work session. FACTS: • On October 28, 2003, the ECVB proposed budget for 2004 was reviewed by the Eagan City Council at a work session. • The requested budget amount is $720,000. • No changes were made to the budget following the Council's review. • The budget had earlier been approved by the ECVB Board and reviewed and approved by Communications Director Garrison and Chief Financial Officer Pepper. ATTACHMENTS: • None. See October 28 Council Packet for marketing plan and budget. Agenda Information Memo November 6, 2003 Eagan City Council Meeting Z. ACKNOWLEDGE COMPLETION AND AUTHORIZE PAYMENT; VARIOUS CONTRACTS FOR THE CONSTRUCTION OF EAGAN COMMUNITY CENTER ACTION TO BE CONSIDERED: To acknowledge the completion of several contracts associated with the construction of the Eagan Community Center and authorize final payment. FACTS: • The Construction of the Eagan Community Center was administered under a Construction Manager Contract, with the City holding individual contracts with 36 contractors. • Substantial completion was established at the end of March at which time a "punch list" was developed for final completion. • Several contractors have completed their punch list items. After review by the Construction Manager, Architect and staff, several contractors are being recommended for acknowledgement that their work has been completed and final payment is in order. • The following contractors are recommended for final payment: Ingram Excavating Kremer & Davis, Inc Schwickert Company Protouch Painting, Inc Seating and Athletic Enterprises JF Equipment Thyssen Laagerquist Javens Mechanical Note: It is likely that additional contractors will be recommended for approval at subsequent council meetings. There are 23 Community Center contractors and 12 contractors on the Eagan Rotary band still remaining. All contractors warrant their work and materials under terms of the contract. Agenda Information Memo November 6, 2003, Eagan City Council AA. ACCEPT DONATION OF FLAGS FROM EAGAN AMERICAN LEGION POST 594 ACTION TO BE CONSIDERED: To approve a resolution accepting the donation of flags from Eagan American Legion Post 594. FACTS: • Eagan American Legion Post 594 has offered a long-term donation of American flags to be flown at the Eagan Community Center. • State Statutes provide that Cities may accept gifts of real or personal property and use them in accordance with the terms the donor prescribes. • A resolution accepting the gift and the donor's terms must receive an affirmative vote of 4/5 of the City Council. ATTACHMENTS: p~ • Attached on pages NO and g / is a copy of the resolution accepting the flags. EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on November 6, 2003, at 6:30 p.m. The following members were present: Geagan, Maguire, Carlson, Fields and Tilley; and the following were absent: none. Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, the Eagan American Legion Post 594 has offered to donate flags for use by the City of Eagan at the Eagan Community Center; and WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks Eagan American Legion Post 594 for the gracious and generous donation. ADOPTED this 6th day of November, 2003. Pat Geagan ATTEST: Maria Karels, City Clerk lJ The motion for the adoption of the foregoing resolution was duly seconded by Member and upon the vote being taken thereon, the following voted in favor: and the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk Agenda Information Memo November 6, 2003, Eagan City Council BB. ACCEPT DONATION OF HORSE-DRAWN WAGON FROM CAROL THOMAS ACTION TO BE CONSIDERED: To approve a resolution accepting the donation of a horse-drawn wagon from Carol Thomas on behalf of the Diamond T Ranch. FACTS: • Carol Thomas on behalf of the Diamond T Ranch has offered to donate a horse- drawn wagon to the City of Eagan. • State Statutes provide that Cities may accept gifts of real or personal property and use them in accordance with the terms the donor prescribes. • Although the City is not responsible for the estimate and has not made any independent attempts to verify it, Ms. Thomas estimates the value of the wagon to be $5,000 based on the sale of comparable units. • A resolution accepting the gift and the donor's terms must receive an affirmative . vote of 4/5 of the City Council. ATTACHMENTS: • Attached on pages / and is a copy of the resolution accepting the horse-drawn wagon. U Q EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on November 6, 2003, at 6:30 p.m. The following members were present: Geagan, Maguire, Carlson, Fields and Tilley; and the following were absent: none. Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, Carol Thomas of the Diamond T Ranch has offered to donate a horse-drawn wagon for use by the City of Eagan; and WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks Carol Thomas of the Diamond T Ranch for the gracious and generous donation. ADOPTED this 6th day of November, 2003. Pat Geagan ATTEST: Maria Karels, City Clerk 89 The motion for the adoption of the foregoing resolution was duly seconded by Member and upon the vote being taken thereon, the following voted in favor: and the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. Agenda Memo November 6, 2003 CONSENT AGENDA: CC. Tobacco License for Boji Wine and Spirits ACTION TO BE CONSIDERED: Approve a Tobacco License for the remainder of 2003 and 2004 for Boji Wine and Spirits, 1983 Silver Bell Road. FACTS: • Sivart, Inc. doing business as Boji Wine and Spirits has applied for a license to sell tobacco products • All necessary documentation has been received and fees paid • Staff deems the application in order for approval ATTACHMENTS: • A copy of the application is enclosed without page number 9/ Agenda Information Memo November 6, 2003 PUBLIC HEARINGS A. Certification of Delinquent Utilities ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County. FACTS: - The City Code allows for collection through certification of delinquent utility bills, which are not paid. - At the October 7 City Council meeting, a public hearing was scheduled for the November 6, 2003 City Council meeting. - The City currently has approximately 273 utility bill accounts with delinquent payments. The assessable amount of these accounts is $43,521.32. These items are in order for certification to the County. - All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. 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L- h L- h L- L- OD co O 00 OD ri N J M Nv N N r♦ I O 1 1 H I ~ I tV I I a 1 1 I ~ I N 1 Q\ i O 1 t M I O 1 O 1 N 1 I E 1 U 1 O I 1 0 1 M t t 1 1 Ic 1 E Ln m N I co ~ M 5 1 . a 1 N M rl 1 1 CO ri N cn 1 N LO U7 1 M W I a W 1 W 1 I t t ri) rj 1 HI a' 1 H 1 U] 1 1 1 Ct] W A H 1 u u * 1 v Q~ UI rJ l 1 I 1 it it 1 "I ON O N 1 O) to LO M zl W I r- m r• ~ a 1 Ln CO O d1 Q 1 H M t` I N to H I M 1 I 1 1 1 W I [Q 1 I I t ri M 1 O O H A I o O H I co N 131 O 0 O N 0 U Ln W U 1 r- o (C I r- Ln 1 0 0 pq H H i i 7 [~1 I +4 P4 1 H Ln Q 1 0 0 Ul 1 1 Ol E I o 0 H M Ln P 1 N N O O i ri H a u I Ln o /D CL (.fi I M M Agenda Information Memo November 6, 2003 Eagan City Council Meeting B. CERTIFICATION OF DELINQUENT FALSE ALARM BILLS ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. FACTS: • The City Code allows for collection through certification of delinquent false alarm bills, which are not paid. • At the October 7 City Council meeting, a public hearing was scheduled for the November 6, 2003 City Council meeting. • The City does not charge residents or businesses for the first three false alarms in a calendar year. A fourth or subsequent false alarm results in a $75 fee per alarm. The delinquent false alarm bills include a 10% penalty and a $25 certification fee. • The City currently has one delinquent false alarm bill for property ID 10-3 1725-0 10- 01 in the amount of $520.00. This item is in order for certification to the County. • Notice has been published in the legal newspaper and sent to the affected property owner informing them of this hearing and their proposed assessment. 10.5 Agenda Information Memo November 6, 2003, Eagan City Council Meeting C. GARAGE VARIANCES AT 1745 SARTELL AVE - TODD WAGNER ACTIONS TO BE CONSIDERED: To approve (OR deny) a Variance to allow the proposed attached accessory structure exceed the size of the house by 280 square feet, located at 1745 Sartell Ave; subject to the conditions suggested in the staff report. To approve (OR deny) a Variance to allow the proposed garage walls to exceed 10 feet in height, located at 1745 Sartell Ave; subject to the conditions suggested in the staff report. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • There is an existing 1,002 square foot single family home with a 440 square foot attached garage and a 144 square foot shed located on the subject lot. • The garage is proposed to be a total of 810 square feet, there is an existing attached garage that is 440 square feet, combined the total square footage would be 1,250 square feet; the principal structure is 1,002 square feet. • The applicant designed the garage addition to accommodate a recreational vehicle (motor home) which is 36 feet long and 11 feet eight inches tall. • As well as exceeding the allowable size of an attached accessory structure the proposed garage will exceed the allowable height of 10 feet for side walls. The proposed garage addition will have side walls of 13 feet. • Due to a misinterpretation of Accessory Structure requirements a building permit was issued. The need for the variances were discovered in the field. • Staff is reviewing the accessory structure information and will be clarifying the code requirement handout sheet. ISSUES • The proposed variances will result in the accessory uses being the primary use of the lot. • Staff is concerned with the future use of the large accessory building for an illegal home occupation. 60 DAY AGENCY ACTION DEADLINE • December 15, 2003 ATTACHMENTS (1): Planning staff report, pagev~ to /V PLANNING REPORT CITY OF EAGAN REPORT DATE: October 29, 2003 CASE: 20-VA-19-10-03 APPLICANT: Todd Wagner HEARING DATE: November 6, 2003 PROPERTY OWNER: Same APPLICATION DATE: October 16, 2003 REQUEST: Variance PREPARED BY: Sheila Cartney LOCATION: 1745 Sartell Ave COMPREHENSIVE PLAN: LD, Low Density ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a Variance to allow an attached garage to exceed the size of the principal structure and for the side walls to exceed 10 feet, located at 1745 Sartell Avenue in the NE '/4 of Section 20. 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. `v~ Planning Report - Wagner Variance November 6, 2003 Page 2 e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS According to the Accessory Buildings, Structures and Uses section of the Zoning Code no accessory building or structure shall have side walls that exceed 10 feet in height. The code defines accessory use as a subordinate use that is located upon the same lot on which the primary use is situated and which is reasonably necessary and incidental to the conduct of the primary or main use. BACKGROUNDMISTORY The subject property was platted as Lot 4, Block 9, Cedar Grove No 8 in 1969. Cedar Grove No 8 was developed with single family homes. A misinterpretation of the City's Accessory Structure requirements resulted in the building permit being issued. The need for the requested variances was discovered in the field and a stop work order was issued. EXISTING CONDITIONS There is an existing 1,002 square foot single family home with a 440 square foot attached garage and a 144 square foot shed located on the subject lot. The lot size is 12,040 square feet; the existing buildings occupy about 13 percent of the lot. APPLICANT'S ESTIMATE OF HARDSHIP The applicant designed the garage addition to accommodate a recreational vehicle (motor home) which is 36 feet long and eleven feet eight inches tall. The original plans were approved by the building department and the construction has started and is half way complete. A lot of work has gone into this addition including alterations to the property and contracts have been signed with contractors. EVALUATION OF REQUEST The proposed garage addition will exceed the area of the principal building by 248 square feet. According to the Code, principal building is defined as the primary building or structure upon the lot. Accessory is defined as a subordinate use that is located upon the same lot on which the primary use is situated and which is reasonably necessary and incidental to the conduct of the primary or main use. The garage is proposed to be a total of 810 square feet, there is an existing attached garage that is 440 square feet, combined the total square footage would be 1,250 square feet; the principal structure is 1,002 square feet. /6/) L?01 Planning Report - Wagner Variance November 6, 2003 Page 3 As well as exceeding the allowable size of an attached accessory structure the proposed garage will exceed the allowable height of 10 feet for side walls. The proposed garage addition will have side walls of 13 feet. The existing attached garage has side walls of 9 feet; therefore the addition will be taller than the existing garage. The existing attached garage is on the east side of the house and the proposed garage addition is on the east side of the existing garage. Essentially looking west to east the structures will go from tall to short to tall creating an unusual site line. The proposed third stall is also deeper than the existing garage and the house, again causing an unusual site line. The configuration of the lot and the house layout does not prohibit this property from developing as a reasonable single family use. The house was built in the 1970's at that time it was typical for homes to have a one or two stall garage; today three stall garages are common. This lot could accommodate a typical three stall garage without any variances. In addition to the scale and appearance of the proposed garage, staff is concerned with any future use of the large structure. SUMMARY/CONCLUSION As requested, the variances to allow a garage addition exceed the size of the house and to the wall height standard of 10 feet by 3 feet. Combined, the existing garage and proposed garage addition exceed the principal structure footprint by 240 square feet. The variances requested will result in the primary use of the property (single family dwelling) being the subordinate or accessory one. Further, the scale and appearance of the proposed structure does not appear consistent with the surrounding residential properties. Finally, staff has concerns with the possibility of a future use of the considerable "accessory" space for an illegal home occupation. ACTION TO BE CONSIDERED To approve the Variance request to allow the proposed 18'x45' garage addition to exceed the size of the house, located at 1745 Sartell Avenue; subject to the following conditions: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for 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 garage shall match the existing principal materials. To approve a Variance to exceed the allowable side wall height of 10 feet by 3 feet for a garage addition, located at 1745 Sartell Avenue; subject to the following conditions: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 / Y Planning Report - Wagner Variance November 6, 2003 Page 4 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The garage walls shall not exceed 13 feet in height. D Eagan Boundary Location Map Street Centerline Parcel Area I Building Footprint a ~ F ~ ~ ~ G C3 ~ '`v p p ~ raw>..,» LEI =d ® p` 41*p 4v C:i 4 ®ff' Pa ® ©bcn. a a t3 ® q r qpp .•q / time, ® .z ~a8a~ fl Q 5 • . I LL E3 y 4l ©oP / eN. ©40 D i © d- b d b - E ~OD e ~ D'`o 0 a © ® Q1~ e 0 © j c:zl rno~ DiFLE" no a~ ~ c3 O 7 41 i~•~ i 1000 0 1000 2000 Feet Development/Developer: Todd Wagner Application: Variance Case No.: 20-VA-19-10-03 / Map Prepared using ERSI ArcView/3.1. Parcel base map data provided N et-,c by Dakota County Office of GIS and Is current as of June 2003. y of eac~an THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not t responsible for errors or omissions. I Lot Certificote Survey For: MR_ TODD WAGNER . S89*59'06"E 86.00 Fence corner is to Wood fence to Fence corner is _privacy _ 0.26 feet north 0.48 feet south of - - - - and 0.13 feet east - - I of property line of properly line Drainage and utility easement ill per plot of Cedar Grove No. 8 N I Fence crosses 1 i5 properly line i ......:::.::,•..•Building setback fines 10 I x ------►j IJ Garage setback line. O I x O .......................................Wood privacy fence.. Qf I O I 4 I X Concrete block garage addition foundation ( x t yam' i 7.34.. 10.46 Fence corner is x 0.64 feet west or / x properly line t&J Existing 2-story c o wood frame house W/ Z to 7.43 / . 10,50.. / ~i ini Q ~i N89a59'06" W 86.00 SARTELL AVENUE Centerline of 60 foot right-of-way -L- - - - - - N I hereby certify that this survey was prepared by me or under my direction and that I am o duly Licensed Land Surveyor under the lows of the State of Minnesota. Scale: 1 inch = 20 feet %jLLULIFIrr Dated this 151h day of October, 2t C. C ~.`'~1~.• A'q/G~~i~ • Denotes Iron Monument Found R HOER & ASSOCIATES, INC. 0 ~F LICENSED LEGAL DESCRIPTION LAND SURVEYOR David C. Craigie, Land Surveyor fat 4, Block 9, CEDAR GROVE NO. 8, i a26~a Minnesota License No. 42618 • ae according to the recorded plot thereof, 'i,~'TDakota County, Minnesota. Rehder and Associates, Inc. Area = 12,040 square feet (0.276 acre). (:ML ENGINEERS AND LAND SURVEYORS 3440 Fed-I Ill.. sn. 240 • ce,en. 16ee«.1e Ph- (851) 452-3051 J08: 034-1951.010 ~I~ .a oz ?~I ~in~ ori-8~n ~4- 3 y J < -a . WSJ 1 O CL o.L X ,.Oe ~r ui V- w 1 I M c1 N -L o r J ~ J ,9 +0 I have been a resident of Eagan since 1985. The time came when I needed to make a decision as to either adding on a garage for storage of a motor home or selling my home and buying a hobby farm with land. I chose to put on an addition for storage. I own a business in St. Paul and my home location is very convenient. I am in a single family residential area. This project was initiated in July 2003 with a phone call to the city and a conversation with an inspector regarding a garage addition. The inspector informed me that no more than 20% of the total square footage of property could be covered with structures. He proceeded to ask the location of the project. He looked up the location and informed me that the total square footage of my property was 12,040. The foundation covered 1002 square feet, the garage covered 440 square feet and the shed covered 144 square feet. These totaled 1586 square feet. The total square footage for the 20% was 2408. This left a balance of 822 square feet that could be covered. He also stated that the roof of the project could not exceed the height of the house roof, the property lines needed to be strung ofl the finished project needed to match the existing house for appearance and the overhang of the project could not be greater than 2 feet into the side set back. After all this information was collected, I made the decision on the size of 18 feet wide by 45 feet long. This equaled 810 square feet. I then contacted a contractor to have a workable drawing made. The drawing was received the 2nd week of August. On Sept. 16, an application was submitted along with the drawing and lot drawing to the city. On Sept. 18, Tom - an inspector contacted me regarding my drawing. He stated that the garage door between the existing garage and the proposed garage needed to have a double 2x12 header, the back garage door and the front garage door needed to have matching headers, there needed to be 6 feet of ice barrier around the roof, needed to have protective shield applied before the siding was applied and new footings were needed for the new garage with 12" blocks to 6" blocks. I stated that all of these would be taken care of. He then stated that my drawing had been approved. On Sept. 19, I was informed that my application and drawing had been approved and that I could pick up my permit after I paid $375.11. After I picked up my permit, I rented a metal detector to find my property stakes and string a line to mark my property. I then proceeded to contact my sub contractors and signed contracts with them on Sept. 20. The contract for concrete work is $18,500.00 which $6,500.00 was paid for a down payment. The contract for building is $26,032.50. The builder proceeded to order the lumber and special order the trusses. The work began immediately. The trench was dug and the inspector Okayed to pour footings pending verification of property lines. This was done on Sept.23. Footings were poured. The inspector came out again to inspect the footings but was not accepting of the stakes I had placed according to the metal detector. Once again I rented a metal detector. The inspector stated that he needed to see the metal stakes or the survey sticks- nothing else was acceptable. The metal detector was rented a Yd time with myself digging to find the stakes. The inspector stated that it was okay to lay the block but I needed to have the property lines verified. I then hired a survey company for $850.00 to survey my property. The survey was completed on Oct. 6. The inspector came out on Oct. 7 and okayed to back fill with a site correction for adding 1 anchor bolt to each corner to equal 2 anchor bolts. On Oct. 8, the anchor bolts were placed and the trench was back filled. That same day, the inspector stating that they had concerns regarding the project contacted me. He stated that the square footage was exceeding the square footage of my foundation of my home and that there was concern regarding the wind bracing of the addition. He told me that I needed to contact a structural engineer that could reinforce the walls for bracing. He also stated that I could probably get a variance for the square footage but their main concern was about the wind bracing. I told him that I was confused about this seeing that everything has been approved. He told me that I needed to contact an engineer to design a solution for this. I then contacted my builder about this matter. He put me in contact with a structural engineer that is doing this design for a cost of $500.00. This is the same engineer that designed the special ordered trusses. The wall bracing and the trusses will be designed to match. On Oct. 9, the inspector called me and said that he has bad news. He stated that they had re-reviewed my plans and that they had made an error, they never should have approved my plans and they had to put a stop work order on the project. He told me that I would have to apply for a variance, go before the planning committee and he didn't see any problem with me getting a variance. On Oct. 10, my special ordered trusses were delivered to my home. This is how I got to this spot right now. / GZQS~ - Dr~ ;nn. p ~C~~CdC~ OCT 2 S 2003 ey My hardship is that I need a large storage space for my R.V. and the city had approved it and now they stopped me. My R.V. is 36 feet long and I Ifeet & inches tall and that is why I want to go so large. I now have my R.V. in storage and have spent a lot of money, and the rates are increasing. The work had been approved and the work is half done. I want to build this addition the way it was approved or not at all. I have been a member of the community for a good portion of my life and would like to stay in the community. I would like to be able to retire in my home that I own now. If my variance is not granted, who will pay to put things back the way they were before the city approved my plans? Who is going to tear out over 600 blocks and footings? Who is going to replace my grass and fencing? None of this work would have been done if the city had not approved my plans. I have followed through with everything that needed to be done. Nothing was done without the approval of the city first. If I am unable to finish the work that is half done, who will pay the remaining amount on the contracts that were signed after the city approved my plans? J Agenda Information Memo November 6, 2003 Eagan City Council D. VARIANCE - DANA AND SHELLY MELROE ACTION TO BE CONSIDERED: To approve (OR to deny) a one percent Variance from the 20 percent maximum building coverage standard in Residential zoning districts for the construction of an addition to their home at 957 Wildflower Court, legally described as Lot 10, Block 1, Lexington Pointe 8'h Addition, in the NW 1/4 of Section 26, subject to the conditions listed in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of quorum. FACTS: • The property is located on the cul-de-sac of Wildflower Court. • The proposed 493 sq. ft. addition consists of an extension of the structure toward the rear of the property with a laundry room and additional garage space on the ground level, and two bedrooms on the upper level. • The subject site is 11,495 square feet in area. A single family dwelling with three-stall attached garage, which was built in 1994, is present on the site. • The proposed addition satisfies required setbacks. The elevation plan indicates the proposed addition blends with the existing architecture and materials of the home. • The applicants' narrative indicates they are interested in expanding the house to accommodate a growing family and wish to stay in their current neighborhood, school system and Eagan. • The proposed addition occupies just below 21 % of the lot area. The applicant's narrative states the expansion "will fill an indented space that is behind the garage and along the west side of our current house," such that "it will not interfere with the openness that presently exists because of unfenced, adjoining backyards of the homes on Wildflower Court and Coneflower Court." • The condition upon which the Variance appears to be based is applicable to other properties within the PD zoning district, and this property does not appear to exhibit a unique or special feature that would require or warrant relief from City ordinances. • The proposed Variance does not appear to have a detrimental effect on the public or neighboring properties. 60-DAY STATUS: Deadline is December 15, 2003. ATTACHMENTS (1): Variance Report, pages through P9 PLANNING REPORT CITY OF EAGAN REPORT DATE: CASE: 26-VA-20-10-03 APPLICANT: Dana & Shelly Melroe HEARING DATE: November 7, 2003 PROPERTY OWNER: Dana & Shelly Melroe APPLICATION DATE: October 16, 2003 REQUEST: Variance PREPARED BY: Pamela Dudziak LOCATION: 957 Wildflower Court COMPREHENSIVE PLAN: LD, Low Density ZONING: PD, Planned Development SUMMARY OF REQUEST Dana & Shelly Melroe are requesting a one percent Variance from the 20 percent maximum building coverage standard in Residential zoning districts for the construction of a 478 square foot addition to their garage and living space on property located at 957 Wildflower Court, legally described as Lot 10, Block 1, Lexington Pointe 8th Addition) in the NW %4 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. ff Planning Report - Dana & Shelly Melroe November 6, 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 The property is located within the Lexington South Planned Development. The City Code establishes a maximum building coverage of 20% of the lot area for residential zoning districts. BACKGROUNDMISTORY The subject site was platted as part of Lexington Pointe 8th Addition, which is part of the Lexington South Planned Development, which was initially established in 1976. The original Lexington South PD designated this 65-acre development for commercial use. In 1992, the City approved a Comprehensive Guide Plan Amendment changing the land use designation and zoning of approximately 49 acres from commercial to single-family residential. The Lexington Pointe 8th Addition phase of the Planned Development included 167 single-family lots, and the plat was approved in 1993. The Planned Development zoning accommodated lot sizes less than 12,000 sq. ft., reduced side yard setbacks, and reduced street frontage for several flag lots. Typical minimum lot area in the R-1 zoning district is 12,000 square feet. One of the conditions of the plat approval stated that side yard setbacks of five feet would be allowed on each side, and that "no other variances shall be approved for this plat." frig EXISTING CONDITIONS A single family dwelling with three-stall attached garage, which was built in 1994, is present on the site. sr~ The subject site is 11,495 square feet in area. Planning Report - Dana & Shelly Melroe November 6, 2003 Page 3 EVALUATION OF REQUEST Proposal - The applicant is requesting a Variance to allow for the construction of a 493 square foot (29' by 17') addition to an existing single family dwelling. The addition would consist of an extension of the structure toward the rear of the property with a laundry room and additional garage space on the ground level, and two bedrooms on the upper level. The Zoning Ordinance limits building coverage to 20 percent of the lot area. The subject site is 11,495 square feet. The existing home and garage occupy 1,908 sq. ft., and with the added 493 sq. ft., the building coverage would be 2,401 sq. ft., or 20.89 percent The proposed addition is on the rear of the home and meets all required setbacks according to the site plan (shows 10 feet for the side and 35 feet for the rear). The elevation plan indicates the proposed addition blends with the existing architecture and materials of the home. Variance Criteria - The Zoning Ordinance states that relief may be granted from a required ordinance provision provided that 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 Lexington Pointe 8th Addition development deviates from the minimum lot size required by the Zoning Ordinance for properties zoned R-1 (Residential Single Family). The lot in question is 11,495 square feet in area, only slightly less than typical R-1 zoning, and it is comparable in size to other lots within this subdivision and Planned Development. Thus, there are no special conditions applying to the property. The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide Plan, but may be inconsistent with the intent of the Zoning Ordinance. That is, the purpose of the building coverage provision is to prevent the overcrowding of properties and to provide green area for the health of the community. Since the request is to exceed this maximum requirement, it appears to be contrary to the intent of the ordinance. Further, it is contrary to the original conditions of approval of the subdivision. APPLICANT'S ESTIMATE OF HARDSHIP The applicants' narrative indicates they are interested in expanding the house to accommodate a growing family and wish to stay in their current neighborhood, school system and Eagan. Their chosen option for expansion occupies just below 21% of the lot area. They state that "a smaller option does not allow as smooth of a tie-in with the existing structure and could detract from the b Planning Report - Dana & Shelly Melroe November 6, 2003 Page 4 clean `look' of our development." The narrative states that the expansion "will fill an indented space that is behind the garage and along the west side of our current house," such that "it will not interfere with the openness that presently exists because of unfenced, adjoining backyards of the homes on Wildflower Court and Coneflower Court." SUMMARY/CONCLUSION Dana and Shelly Melroe are requesting a building coverage Variance to construct a garage and living space addition. A single-family dwelling with a three-stall garage is present on the site. According to the survey, the addition meets all other minimum and maximum bulk standards. The condition upon which the Variance appears to be based is applicable to other properties within the PD zoning district. This property does not appear to exhibit a unique or special feature that would require or warrant relief from City ordinances. It is similar in size to other lots within the Lexington Pointe 8th Addition development. A determination regarding relief from the ordinance is considered a policy matter to be determined by the City Council. ACTION TO BE CONSIDERED To approve a one percent Variance from the 20 percent maximum building coverage standard in Residential zoning districts for the construction of a 478 square foot addition located at 957 Wildflower Court (Lot 10, Block 1, Lexington Pointe 8th Addition) in the NW 1/4 of Section 26. 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The addition shall note exceed the size shown shown on the proposed site plan (29 feet by 17 feet). 3. The exterior materials of the proposed addition shall match the existing structure. Eagan Boundary Location Map f~,/BPS ; Centerline Building Footprint a® ® ® ® a a ®Q a v 1P • ~ ® ~ ~ ~ add d! ® EPP fl p ~ ® ds - Subject Site ~ LY-- g L ON -EP iL 6~ 0 ,s o q ~ ~ a M9 M D ~ 10 ® ® ° •a e m fie 121% ~ ~ ~ enwv ! ~ 4 ^v °jtck dt P A 12 6 6 ».ow45 • 6 firs 6 @ ® AN qaui t I T7TF % 1000 0 1000 2000 Feet Development/Developer: Dana Melroe Application: Variance / ^ Case No.: 26-VA-20-10-03 apt Map Pmpamd using ERSI Are View 3.1. Pamel base map data provided N by Dakota County Office of GIS and is current as of June 2003. THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E city of eagnn The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Departrrmnt not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Dana & Shelly Melroe Land Use Map Case No. 26-VA-20-10-03 Zoning Map %.qP rr PF 1 Current Zoning: Location PO PD P t Planned Development c PD r D i P ® P D r P P 600 a Sao 1200 F..t Comprehensive Guide Plan LD Land Use Map` xo DP 4 s► Or LD RC Lp RC RC Location LD P Current Land Use Designation: r { 1 r oia LD r Low Density Residential MD P L ® r I P MD Goo O 000 1200 P..t T~ P Parcel boas map in rmation providedbypjW& County Land Swsy Dapartms't Jun. 2003. N onl~g led on malntafnsd hyClly StaK City of Eagan W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this information. S SURVEYOR'S CERTIFICATE BRIAN THORSON HOMES 1 07- I z LI) 19 ""r vey.o x-105.80 /V 89 ° OG `?3" ~ 9210 (979.7) (977, LF DRAINAGE a UTILITY EASEMENT PER PLAT v LOT a (feo .97, 17 )9741 TG. 7D F. Q` ry lT 4 4. o~ r % ato t1 H4U6B ~y / d. ~ENCHMAR \ W/ /N ~pp _ ,0 0 1 0 ELM 9~ 8G R3 M O GG Q /z' D h BENCH MARK /2'. &3 78,4 TOP OF PIPE ELEV. N V~ ~0 I a9 NMi -974.09 w I b.4,~ t~ B 7-OpP I n b o y 11~/ ~N (gBQ.3) I 1~ W L- t9, ~9G7G~O39 _ I~. 1r" Ez 978.2 t M ~U v .a° (979.0) ~~.ul~ J D?/vEWAY 5 \ w N \1-a I I' <97g z z w ~v h 976..7 8~ z z t~ a n 976yr W o 7,qq~-. x $ 6L 1//01 ~0y • ~ /475 97~~~~ I , & ~ o 'COO R i E D N '":3 /V 891060 P3 994.G r5..5 °09 O x m a: S za /5.00 a V k N EAGAN )NGINEER. G DEPT. w z I'j O z O O J W//- Olcz. 0 W,6"R C&IRr ZO ~n2 w - DENOTES PROPOSED SURFACE DRAINAGE O DENOTES IRON MONUMENT SET SCALE; 1 INCH - 30 FEET • DENOTES IRON MONUMENT FOUND PROPOSED GARAUE FLOOR - q79. 3 FEET X000.0 DENOTES EXISTING ELEVATION PROPOSED LOWEST FLOOR 972, 97 FEET (000.0) DENOTES PROPOSED ELEVATION PROPOSED TOP OF BLOCK o 9430,97 FEET WE HEREBY CERTIFY TO BRIAN THORSON HOMES THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF: .Lot 10, Block 1, LEXINGTON POINTE 8TH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota.; IT DOES NOT PURPORT TO SHOW IMPROVEMENTS OR ENCROACHMENTS, EXCEPT AS SHOWN. AS SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION 1HIS 21ST DAY OF DEC, AgVA NorEt BUILDING DIMENSIONS SHOWN ARE SIGNED: JAMES R. HILL, INC. FOR HORIZONTAL 6 VERTICAL LOC- R I D W C ATION OF STRUCTURE ONLY, SEE ARCHITECTUAL PLANS " BUILDING BY. a FOUNDATION DIMENSIONS. GARY R. HARRIS, LAND SURVEYOR e MINNESOTA LICENSE NUMBER 10943 OAl9 FR4 oJames R. Hill incZ PLANNERS /ENGINEERS /SURVEYORS i CTY. RD. 42 • BURNSVILLE, MN. 56337 • 612-880-6044 o p a A, S N lQy W ® Y' ZO Z ~ CO 03€ R Z s C G ~i Q x g U> a 3ul ~ ~ ' z EIS Ln I o op ell IIIi~ j l i! I- if i ' W I N1- ■ IIi I I' \i I e4 :e r. i 1c2S 6 J S T N W Z ®YN O Ozf e C L Y ~ d Z 0 O cy, 8E %L Ln i i I S 41 ,~SI _ r ; ~ I I!I a il~~-~ 4 I roof I' ~ ,L I 1 I 1.L a I rt ~ a ~ 2Y .a-sc I `1q ~ i a hJ ,I 1 I ~F a I I A i 1 i66 I =°f 3ey ii II el A•f : s9 II z= gv fig;g II I 31 .d iiJ I g October 13, 2003 City of Eagan Planning Commission 3830 Pilot Knob Road Eagan, MN 55122 To Whom It May Concern: SUBJECT: REQUEST FOR VARIANCE We have lived at this address since May, 1997. We are currently interested in expanding the size of the house to accommodate our growing family. We have considered the purchase of a different home, but would like to stay where we are. We enjoy our neighborhood, the school systerr ~ and Eagan. We desire a two-story addition to our home. Because of the age of our children and for safety reasons, we want their bedrooms on the same floor as the master bedroom. We have considered a couple of options in an attempt to stay within the limit of 20% of our lot being covered by the structure. The option that best meets all of our needs puts us at 21% of the lot being covered by the house and attached garage. In addition to not providing sufficient space, a smaller option does not allow as smooth of a tie-in with the existing structure and could detract from the clean "look" of our development. Our proposed addition has the approval from the Wildflower Homeowner's Association. Our neighbors at 961 Wildflower Court who will be directly affected, Bill and Carrie Mitchell, have also given us their approval for our planned addition. If and when this variance is passed, we plan to start construction within 2 - 3 weeks. Given the irregularity of our lot, we feel that there will continue to be an open look to our street. Our lot has been cut into to accommodate a cul-de-sac. This expansion will fill an indented space that is behind the garage and along the west side of the current house. It will not interfere with the openness that presently exists because of unfenced, adjoining backyards of the homes on Wildflower Court and Coneflower Court. Sincerely, W-ellte- ;Z~l 49) `D'ana Melroe Shelly Melroe 957 WILDFLOWER COURT EAGAN, MN 55123 1a October 14, 2003 To: Eagan Planning Commission From: Bill and Carrie Mitchell 961 Wildflower Court Eagan, M 1N 55123 SUBJECT: MELROE ADDITION Regarding the application for a variance for the proposed addition to the home of Dana and Shelly Melroe at 956 Wildflower Ct. We have no problem with them going forward with the addition as long as it maintains the same distance from the west property line as the current footprint of the garage and does not extend beyond the existing north wall of the house. Sincerely, 7X41- 6"w Bill & Carrie Mitchell Agenda Information Memo November 6, 2003 Eagan City Council Meeting E. PROJECT 886, LONE OAK ROAD TRUNK WATER MAIN IMPROVEMENTS ACTION TO BE CONSIDERED: Approve (OR Deny) Project 886 (Lone Oak Road - Trunk Water Main Improvements) and (IF approved) authorize the preparation of detailed plans and specifications for a contract to be let within 2 years after said approval and the acquisition of right-of-way and easements through quick-take Eminent Domain, if necessary. FACTS: • On November 19, 2002, the City Council amended the City's 5-Year Capital Improvement Program (CIP) (2003-2007) by reprogramming to 2004 the upgrade of Lone Oak Road (4- lane divided street with trails) from Highway 55 to the Inver Grove Heights border, including street improvements, the installation of trunk water main and storm sewer. • On March 4, 2003, the City Council authorized the preparation of a feasibility report by the City Engineer to define the scope, cost, schedule and method of financing the upgrade of this section of Lone Oak Road and the associated utilities. • On June 3, 2003 the City Council formally adopted the City's 5 year CIP (2004-2008) which included the upgrade of Lone Oak Rd. for 2004. • Dakota County has prepared their CIP for 2004-2008. Due to reductions in the projected traffic volumes on Lone Oak Road and significant funding shortfalls for Dakota County transportation improvements, the Lone Oak Rd upgrade was deleted from their 5-year plan. • On August 4, 2003, the City Council modified the City's adopted 2004-2008 CIP to also delete the upgrade of Lone Oak Road. • Also on August 4, the City Council authorized a revised scope for Project 886 (Lone Oak Road - Street and Utility Improvements) and the preparation of the feasibility report to strictly address the trunk water main improvements only. • The installation of trunk water main across Highway 55 to the Gift of Mary site is complete. This extension of the water main trunk along Lone Oak Road is required to complete the looping of the water system to be installed privately through the Gift of Mary development. • On October 6, 2003, the feasibility report for Project 886 was presented to the City Council and a Public Hearing was scheduled for November 6 to formally present and discuss the report with the neighborhood. • An informational meeting was held on October 30 at 6:30 p.m. in the Community Room at City Hall. Of the 80 notices mailed out to representatives of the 35 Commercial parcels and 27 Residential parcels proposed to be assessed, 11 persons attended the informational meeting. • A letter of objection to the project was received by City staff on October 29, 2003 from CSM Corporation, property owner of Outlot K - Lone Oak Addition at the corner of Lone Oak Road and Lone Oak Drive. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ISSUES: • The schedule for this trunk watermain improvement is proposed to accommodate the original planned occupancy of the first building(s) by July of 2004. Recent published newspaper articles state that the developer has not been able to raise the necessary funds in order to meet this original schedule and that it would be 2005 at the earliest before they will need this water connection. The City has not received any confirmation from the developer of this potential delay or a revised development schedule. • The installation of this trunk watermain would be most cost effectively installed as part of the proposed future County Road upgrade due to the general reconstruction and significant changes in road elevation. However, with the County Road improvement being pulled out of the County's 5 year CIP, this trunk watermain would have to be installed prior to the road improvement. This will require sections of the utility to be constructed either at a greater depth (higher excavation and construction easement costs) or a shallower elevation (requiring insulation) to accommodate the standard minimum depth of the future road elevations. It also requires added costs for traffic control and road surface removal and restoration. This is estimated to add approx. $260,000 to the trunk watermain costs. • Since Project 886 was not initiated by a petition of at least 35% of the adjacent property owners, approval of the project requires a 4/5 vote by the City Council. ATTACHMENTS: • Feasibility Report, enclosed on pages' through L, • Letter of Objection - CSM Corp., page • Minutes of neighborhood mtg., pages _ and t ~~i 14~f ~°~r C1t" oF acigan ~ Lone Oak Road Trunk Water Main Improvements City Project No. 886 Eagan, Minnesota November, 2003 -All 'ter.-? f c~"; Aft,", F It a A city of eac~an PAT GEAGAN October 30, 2003 Mayor Honorable Mayor and City Council City of Eagan PEGGY CARLSON 3830 Pilot Knob Road Eagan, MN 55122 CYNDEE FIELDS MIKE MAGUIRE Re: Lone Oak Road Trunk Water Main Improvements MEG TILLEY City Project No. 886 Council Members Dear Mayor and City Council: THOMAS HEDGES Attached is our report for the Lone Oak Road - Trunk Water Main Improvements, City Project No. City Administrator 886. 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. Municipal Center: Sincerely, 3830 Pilot Knob Road Eagan, MN 55122-1897 ohn PAssistant City Engineer Phone: 651.675.5000 I hereby certify that this report was Fax: 651.675.5012 prepared by me or under my direct supervision and that I am a duly Licensed TDD: 651.454.8535 Professional Engineer under the laws of the State of Minnesota. Maintenance Facility: 3501 Coachman Point John P. Gorder Eagan, MN 55122 Date: D G -O 3 Reg. No.22813 Phone: 651.675.5300 Reviewed Fax: 651.675.5360 TDD: 651.454.8535 Dept. of Public W r s Date: Reviewed B . Nvww.ciryofeagan.com Finance Dept. Date: THE LONE OAK TREE The symbol of strength and growth in our community TABLE OF CONTENTS Letter of Transmittal/Certification Table of Contents Page Introduction 1 Feasibility and Recommendations 2 Discussion 2 Right-of-Way/Easements/Permits 4 Cost Estimate 4 Affected Properties 5 Assessments 6 Financing 7 Revenue Source 7 Project Schedule 8 LIST OF APPENDICES Appendix A - Preliminary Cost Estimate Appendix B - Preliminary Assessment Roll LIST OF FIGURES • Figure 1 - Project Location Map • Figures 2A & 2B - Proposed Trunk Water Main Improvements • Figure 2C - Future Lone Oak Road Street Section • Figures 3A & 3B - Parcel & Assessment Map 133 November 2003 Lone Oak Road (County Road No. 26) Trunk Water Main Improvements City Project No. 886 Eagan, MN Introduction Preparation of this feasibility report was authorized by the City Council for the construction of a trunk water main line along Lone Oak Road (Dakota County Road No. 26) from Holiday Lane to approximately 800 feet west of the Inver Grove Heights border in northeast Eagan (see Figure 1). The proposed trunk water main extension along the south side of Lone Oak Road is consistent with the City's Water Supply and Distribution Plan (December 1996) and with the City's most recent Capital Improvement Program (2004-2008). This report identifies the trunk water main improvements necessary to complete this portion of the trunk water system and to serve the adjacent properties. Existing and planned large corporate campus lots dominate the north side of Lone Oak Road while the south side is comprised mainly of large unplatted residential parcels. _1_ Feasibility and Recommendations City Project No. 886, as outlined herein, is feasible from an engineering standpoint. The proposed trunk water main improvements are consistent with City and Dakota County standards. It is recommended that the City Council consider the project for the following reasons: • This project is necessary based on the City's current City Water Supply and Distribution Plan to provide looping, of the trunk water main in the area for pressure stability and large flows required for fire suppression. The project will also provide for water main service and availability to the properties adjacent to Lone Oak Road in the project area, including the recently platted Gift of Mary development near the Inver Grove Heights border. • This project is cost effective in that constructing the water main improvements will add value to the adjacent properties by eliminating the need for individual well systems. • The water main extension would be best carried out as one improvement project and one contract. It is recommended that the City Council receive the Feasibility Report and schedule a public hearing for the proposed project. Discussion Trunk water main improvements include the water main pipes to convey and distribute water to a large area. Under this project, trunk water main pipe will be extended from Holiday Lane to Lone Oak Drive (16-inch diameter pipe) and from Lone Oak Drive to approximately 800 feet west of the Inver Grove Heights border (12-inch diameter pipe). See Figures 2A & 2B at the back of this report. The water main will be constructed along the south shoulder/ ditch line, approximately 5 feet south of the existing blacktop of the eastbound driving lane of Lone Oak Road. The improvements will require the removal and replacement of approximately 6 feet of the blacktop surface of Lone Oak Road. The water main pipe will be placed at a location and depth so as not / to require relocation with the future upgrade of Lone Oak Road.(See Figure 2C). y tr_. 3 F 53.1 3Y - ~ ~ ~'r4 Y ] ;p f s,r ~csi~ }v VC - t ~ ~r Lim x ^ it L' 1 1 ~ t } r I L 1 A. -4 Proposed Typical Water Main Alignment - Looking west near Lone Oak Drive w The trunk water main extension will be constructed east to the Gift of Mary development site. The Gift of Mary development will extend this water main, under a private improvement project, through their site to connect with the trunk water main constructed with the TH 55/ Gift of Mary Frontage Road & Utility Improvements in 2003 (City Project 874). This will provide an adequate looping of the trunk water main system in the area. The extension of water main through the Gift of Mary site is required to provide adequate water service (fire flows and pressure) for the area in accordance with the Water Supply and Distribution Plan. The estimated cost for trunk water main improvements under City Project 886 is $538,500. Adjacent properties within Inver Grove Heights are not included in the areas to be served by Eagan utilities under the Joint Powers Agreement for Utility Service (1997). Therefore, it is not proposed to extend trunk water main to the Eagan/ Inver Grove Heights border for use within Inver Grove Heights at this time. Right-of-Way/ Easements/ Permits All of the trunk water main improvements proposed under this project are anticipated to be constructed within existing Lone Oak Road (Dakota State Aid Highway 26) right-of-way and right-of-way dedicated with the Gift of Mary development plat. Dakota County Transportation Department permit approval will be required for the proposed construction within County right-of-way. Permit approval from the MN Department of Health will also be required. Cost Estimate A detailed cost estimate for Project 886 is presented in Appendix A. The total estimated project cost is $538,500. This cost includes preliminary construction costs estimates plus 10% for contingencies and 35% for indirect costs, which include administrative, engineering, interest, legal and right-of-way expenses. 4- Affected Properties The properties in the area that are affected by the proposed improvements and require notification of the public hearing are listed as follows (see Figures 3A and 3B). TAX PIN ADDRESS 10-00100-030-55 2980 Dodd Road 10-00100-020-55 2970 Dodd Road 10-00100-040-55 735 Lone Oak Road 10-00100-080-55 10-00100-070-55 10-00100-015-75 565 Lone Oak Road 10-18501-010-01 655 Lone Oak Rd. 10-00100-014-75 10-00100-013-75 10-45700-111-00 10-18501-040-00 10-00100-060-55 715 Lone Oak Rd. 10-29800-010-01 10-01200-040-02 520 Lone Oak Rd. 10-01200-030-02 526 Lone Oak Rd. 10-01200-020-02 10-01200-010-02 540 Lone Oak Rd. 10-03800-050-02 550 Lone Oak Rd. 10-03800-060-02 560 Lone Oak Rd. 10-03800-090-02 600 Lone Oak Rd. 10-03800-100-02 610 Lone Oak Rd. 10-03800-042-02 640 Lone Oak Rd. 10-03800-011-01 660 Lone Oak Rd. 10-53790-010-03 3200 Holiday Ln. 10-01200-040-25 670 Lone Oak Rd. 10-01200-030-25 10-03800-010-02 10-03800-030-02 10-03800-080-02 10-03800-070-02 10-01200-060-02 1048700-020-00 706 Lone Oak Rd. 10-48700-012-00 710 Lone Oak Rd. -5- 1301 Assessments LATERAL ASSESSMENT In accordance with the City's Special Assessment Policy, adjacent properties are proposed to be assessed a lateral benefit from the trunk water main, at the rates set forth in the Eagan Fee Schedule. Current lateral benefit rates are as follows: • Lateral Benefit o Single-Family $48.50 per centerline foot o Multi -Family & Non Residential $61.10 per centerline foot A large majority of the adjacent properties proposed to be assessed are within Special Area land use designations, as identified in the City's Comprehensive Land Use Guide Plan. The Guide Plan designates all of the adjacent properties as either present or future Retail/ Commercial or Office/ Service uses, and, therefore, non-residential. Given these future land use designations, it is proposed to assess the benefiting properties at the non-residential lateral benefit rate of $61.10 per centerline foot, or $31.55 per front foot of property adjacent to Lone Oak Road. TRUNK ASSESSMENT In accordance with the City's Assessment Policy, properties within %4 mile of the project that have not previously paid trunk water main charges, will be assessed for the trunk water'main improvements, at the rates set forth in the Eagan Fee Schedule. Current trunk water rates are as follows: • Trunk Water Main o Platted Residential $1,015 per lot o Unplatted & Platted Non-Residential $2,115 per acre The properties within the project area that have not yet paid the trunk water main charges are all unplatted or non-residential, and are proposed to be assessed for the trunk water main improvements at the rate of $2,115/ acre. See Appendix B for the proposed assessment roll. -6- /2g / ASSESSMENT FINANCING The benefiting properties will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over 15 years with the interest rate determined by results of the bond sale used to finance the improvements. The following payment schedules would result based on an estimated 6 percent interest rate for the proposed improvements: PER $1,000 ASSESSMENT Principal/ Year + Interest/ Year Cost/ Year Cost/ Month First Year ~ $67~ $60 ~ $127 $13 Second Year ! $67 $56 $123__ $10 ....____l Fifteenth Year $67 $4 $71 $6 Revenue Sources Property Property Total city Project Assmt. Assmt. Assessment Cost Contribution' - Lateral - Trunk Trunk i 1 $538,500 $211,830 $341,360 $553,190 -0- Water Main I The proposed assessments under this project will result in an estimated $14,690 in assessments over the estimated project costs. l -7- / ~V Proiect Schedule Present Draft Feasibility Report October 7, 2003 Neighborhood Informational Meeting October 30, 2003 Public Hearing/ Authorize Plans & Specs November 6, 2003 Approve Plans & Specifications February, 2004 Permit Approval February 2004 Open Bids/Award Contract March 2004 Project Completion July 2004 Assessment Hearing Fall 2004 First Payment Due with Real Estate Taxes May 15, 2005 (-8- APPENDICES • Appendix A - Preliminary Cost Estimate • Appendix B - Preliminary Assessment Roll • Figure 1 - Project Location Map • Figures 2A & 2B - Proposed Trunk Water Main Improvements • Figure 2C - Future Lone Oak Road Street Section • Figures 3A & 3B - Parcel & Assessment Map APPENDIX A Lone Oak Road Trunk Water Main Improvements City Project No. 886 Preliminary Cost Estimate Item Est. Qty Unit Unit Price Est. Cost Mobilization 1 LS $10,000.00 $10,000.00 Connect to Existing Water Main 2 EA $2000.00 $4,000.00 16" DIP, Cl. 51 Water Main 15400 LF $40.00 $56,000.00 12" DIP, Cl. 52 Water Main 2,200 LF $37.00 $81,400.00 6" DIP, C1.52 Water Main 120 LF $28.00 $3,360.00 Improved Pipe Foundation 1,000 LF $4.00 $4,000.00 12" Butterfly Valve & Box 2 EA $2000.00 $4,000.00 16" Butterfly Valve & Box 1 EA $2,500.00 $2,500.00 6" Gate Valve & Box 6 EA $1,000.00 $6,000.00 Jack or auger 12" water main w/casing 65 LF $300.00 $19,500.00 Fittings 6,850 LB $2.50 $17,000.00 Hydrant 6 EA $2,000.00 $12,000.00 Sawcut Bituminous Pavement 3,500 LF $2.00 $7,000.00 Remove Bituminous Pavement 2,300 SY $2.50 $5,750.00 Remove & Replace Guard Rail 400 LF $10.00 $4,000.00 Remove & Replace 24" Storm Sewer 25 LF $20.00 $500.00 Common Excavation 1,900 CY $12.00 $22,800.00 Aggregate Base, C1.5 2,400 TN $15.00 $36,000.00 Bituminous Base Course (3-1/2") 500 TN $45.00 $22,500.00 Bituminous Wear Course (1-1/2") 220 TN $50.00 $11,000.00 Bituminous Tack Coat 120 GL $2.00 $240.00 Remove Driveway Pavement 350 SY $3.00 $1,050.00 Bituminous Driveway Pavement 60 TN $40.00 $2,400.00 Remove & Replace Brick Driveway 700 SF $8.00 $5,600.00 4" Topsoil Borrow (LV) 500 CY $10.00 $5,000.00 Seeding w/Mulch 2 AC $3,000.00 $6,000.00 Silt Fence 1,000 LF $3.00 $3,000.00 Traffic Control 1 LS $10,000.00 $10,000.00 Subtotal $362,600 + 10% Contingencies $36,300 Subtotal $398,900 + 35% Indirect Costs $139,600 TOTAL $538,500 1113 Z O \10 M O Vl 110 C~ M V) - 00 [l V~ ~O tr O O O CN N ~o O ~o m ItT Ln v') \~o It r- W) N p 00 O l- M •--O 00 O u) 7 r Oll N M ~o \O 00 ~ ^ ~o M C - r- M r a W a\ M - N M \.o ~c r- r- C', ON M 7 IC kn V'1 N - C^ Vl (7, m C> C\ .-r V) O O tr) vl Q ~6 cr M d' N C cp llzt ~ M O 00 ~ r- cr "I C\ ~ O C\ 1~6 C) N O ~O 00 -I ~ 69 69 6R 69 69 69 N 110 1- N r- ^N 69 N - 6R cs9 N - 69 69 69 M H 6H 69 69 69 69 69 69 tn ul CA Q Z 0 C rn O Ln \O r 00 N kn N O 00 M V) O N M N N kn V'~ \4O 'IT r p O 00 .-r C~ V' r- M 00 00 r- tj M r- r- r- r- O\ - r- M ryr W 0) M N M 17M 0^ N M N M N 10 - 10 n C Vl O O ,D 0. M tt N cr M o, m C, ~O v M V1 M ~0 06 M 06 O ON N O ~ 00 69 69 69 69 69 69 Vl 6s tt 69 b9 I~ 69 69 69 6% 69 69 69 69 69 - 69 69 N 69 a 69 6A 69 69 69 69 M ao Q 00 v - - - - - - - - - - - - Q N N N N N N fV N N N N N N N N N N N N N C N N N N N N ~y 61) 69 69 69 6A 6H 69 69 6H 69 69 65 69 6F? 69 6H 69 69 643, 6H 69 69 69 6H 69 69 69 y E.y y ~ CQ O yC Cl) -0 O'IT W) M t~ O O O ~0 W) Vl O O kn - O M O t` ~ oo ~ 4~ C`w Q M N T ' N O N M M N N r+ M N~ ' I I V-) 01 1- Cl) O C Q O. L ~ w O r. 3 a H V) N M 604 N C-- ~O Cl N d' V7 O C-- C\ RT O ~O 00 7 00 .-r M th M r- r- 0) to r- C1 M ON M C) r- V1 r- ri S4 C/~ ~O N t O lr N N n N '7't t` w ON M M E O k C W C/1 a, --n N r` r` N 4 M N ~o o0 N r- o0 O~ -~D 69 69 N C H Q N 69 M --69 69 69 66 69 69 69 69 69 69 69 69 69 69 69 69 69 69 a) C E'' a Q F~ V se a W) V, kn In V1 V] ,n kn W) V7 V) V') ,n VI ,n N V) v, v-, v, v, V) f7. Tr kn In In VI In v~ In In Wn v, In vl Wn Vi Vn r - - n - vl~ Wn W . - - - - - - - - - - - - - - - - - - - - Z&* 1 M M M M M M M M M M M M M M M M M M M M Mm 69 65 69 69 69 69 6R 69 69 64 69 69 69 69 69 69 6R 69 69 69 69 6R la a~~ 6o9 i t. O C1 ~ c/Q z V-~ to 00 O O M M C) ~o O 00 M y ' O O O m [l- r-- ° \O M ~ F I I I I I i \ MO M h O C\ M C) V) N N N N N M M M V) y W N H y ea o 0 0 c ti ff ti zi o o ti ti ti Wti/ c~ a a as f~: LY. P~. R~, R; 0. 61i a 0. f1+ Q 0 ,.0 1,/ x x se ae x x cli :4 c3 m ca ca co m ca m m 0 cC m cC 0 ca cO m E" b sue, A -o-c70 00 O ~ 00 0000000.00 co ~ p v b a~ a) a~ a) a> a) v a~ a) a) a~ a) a> a~ a~ a~ c> 0 0 0 p❑ a o 0 a a c a o a o o❑ v) q q o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ooa as ~ as a.-aa~.aaaoa ~.]a ~ 00 r- v) v, v, 000000000 ~0o u, O) 0) M W) N N T V) ~ O G 7~c N r- O N N l~ cn V) V7 v) to V] ~o ~o ~o m IC t` M O O N jF V-) V1 Vl V~ V1 V) V) V'l O O kn N N N N N N N N N M V1 V' N N N N N O O Z ul V) cn V') V) r~ O r t` O O v) O O O O O o 0 0 0 0 0 0 N N 0 0 0 0 0 0 0 Cl O O O O O_ M_ O O O O O O O O O O O N --O_ 0 0 0 0 6 0 0 0 CV py M N 00 1~ ~o 'IT M N V1 Q\ O 'IT RT M X 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q O_ _O _O O_ O_ _O O O_ O_ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ON 0 0 0 0 0 0 0 0 0 F., V'1 r- 'n 00 N N N N 00 00 00 00 00 00 (l- N N 00 00 00 00 N l~ 0 0 0 0 0 0 00 O O tn 00 O O) •--M M M M M M M M M M M 00 00 0 0 0 0 0 0 0 0 1 i O N 0 0 0 0 0 0 0 0 0 0 V1 0 0 0 0 0 0 0 tr i i ~ i i i i i~ i i i i~ i i 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a INTERSTATE 494 494 BILE CE~nyW $ ~ lo Ilk Project Area 3 2 _ °w a .va MMM=M MU •a LONE AK ROAD ' LONE OAK ROAD 1 4 W O ff!oo) ry\yl~~\(` rRUNk'1' V CJ N4 53 2 ai ~ Z w w ~ DD a 3 YANKEE 0000E ROAD YANKEE DOODLE RD. DUCKYMW 4 3 o L ~v WESCOTT ROAD G:Feasibihty Reports2003\a66\L0C 7/15/03 Lone Oak Road Trunk Watermain Improvements Fig. 1 City of Eagan Project 886 - Location Plan (481 J8MOI aaS) 3NI-1 HOIVW (4a'l lamOl aaS) 3N1-1 HOIVV4 o ~ Q I I I I ~ N I.I I I ~ I I I ~ r Z > I I > , I - I I z I 1 ~ I ~ I I ~ I o I I W I I ~ I ~ 3 I I W I 1 I ~ I I I I iV I I 1~ 1 ~ I I I r- Cl) ICI' w I ~ ICI oZ E I 0i ~a I UM a) I I. LLI c Z W 1 1 0 o z E- I L Ji 03 1 I D (0 0 I I JI ' - C O cu Z I I I ~ ( O Q1 I 13L 3ARJO AVO 3NO-1 i - 1 i C) 1 L I I ; I co 1 101 z r z> p i l a I Y a) I ;ol W o 1 I = as 1 I _ ~ ~ of I J I tD I I I r I I - I I 1 ~ ~ I 1 i I I I I I w I r I o ( i z I I I I U~ W I L Zw I_ Q I ~ p a I i - I ~ I I I ~ r 3NV-1 ),V(IIIOH I C C~~ M N _c I ! I i ~ ~ ' 1 ~~V I I tg ~ V I I f I-I" IMAAn-I nao 1 MKIM LY) 1HW ( 10-1 molag aaS) 3NIl HOIVVNI M I ° I 1 LO co Ln i N M , I- I I z ° I i ° Z 1 I Ir O ~ I 1 m ~ l - Ln I I ~ 1 i i ~ C7 I I d J I I o I I I I- ti o , i o Ln I I - o I I I I 1 ~ I I t I ~ 1 1 I I p I I _ _ o LO a) L I I i I-_ I I c l I o I I- p I I I - L ~ I I i i Z I I I I I - I p .Y N I I- 1 1 I ° C o ° O I M I N M L lloI N 0 O U r I01 )l I I Q LLJ o I- o QJ n O O X ; I i-i D - a) cal r I I a) 01 = a3 o I I 0 IYI I I F-w J z> 1 I I- Wk 10 _ 1 I ~o> h~l I l 2°~ all IJl - - i I I I , I I I , I- I I , I a I I Z I I o I ~w I I o ~ I - ao I I l , aw ~ I .I I I I I C> I 1 I I ~ I 1- I_ U') C: I I p m I I l 8 W I z l l i, N ui 4-- ~ I p I I , aw I I ~ 1 U I 1 APPROX. 25' EXISTING POWER POLES ALONG LONE OAK ROAD AT APPROX. 200' SPACING AS TRAVELED LONE OAK ROAD Cr FUTURE LONE OAK ROAD 12' 5' EXISTING 24' EXISTING GRAVEL BITUMINOUS SHO DER 0' TO 2' 6' FUTURE BITUMINOUS TRAIL FUTURE STREET SECTION U EXISTING DITCH DEPTH VARIES 0' To 6' SAWCUT, REMOVE AND REPLACE EXISTING STREET SECTION PROPOSED 12' AND 16"DIP CL52 WATERMAIN MAINTAIN 7.5'MIN. COVER FROM FUTURE STREET SECTION OR EXISTING GROUND, WHICHEVER IS LESS TYPICAL SECTION Future Lone Oak Road Street Section Figure 2C Project 886 Sept. 15, 03 City of Eagan / 41E V 1 F" I c F J Op I i c~~ o M N if~ 610 fN o " ~J t a f N / I LL Ifs C a Y o ' o 06 a Fn0 p°r co O Ov o w~ Z min o 0) Q p o U. F n:~ to 7 to L V i I[Fr[•`~ O : t rt I / 8f NO z ice. c~v 1 o '.Q a gn" m e f o co 3niaa tom' . ~M N NVO 3NOl HMO N Q U o a 0 0 0. Q CO h ~w N E co co r, o Ln o O o I ~ Z I W co O Z 2lo- <U o: o o Ur v~ a s w c r_+ o[V f'~`O~o•n' O 'NI AVOIIOH > Y _c,4 0 N V- cu }~~MQ Qi O { f o't n a0 ' auci 3 N W o cD cu ~o C" al E O u ~•`.N O rn dQ o~ Z Li Oj O Q N J o ! 4 Q rl >I C: cc (D i 55 L m V) ' m Q uj cu V) < ca (D m u) m ` L w o o ° F' o° I ~ v v: Lu i of CSM Corporation 2575 University Ave. W., #150 • St. Paul, MN 55114-1024 (651) 646-1717 Fax (651) 646-2404 www csmcorp.net RECEIVED OCT 2 9 2003 EAGAN October 28, 2003 ENGINEERING DEPARTMENT John Gorder, P.E. City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Re: Project 886, Lone Oak Road - Trunk Water Main Improvements Dear Sir: On October 15, 2003 we were notified by mail regarding the Water Main Improvements,. Known as Project No. 886. As the owner/developer of the Waters Business Center with over 100 acres of land currently developed or under development, the section of our property that would be affected by the proposed improvement is located at lot one, block one, Blue Ridge 5' Addition (corner of Lone Oak Drive and Lone Oak Road) we don't perceive we will benefit from it nor do we understand why it is necessary. Therefore, as the owner/developer of the Waters Business Center we would be opposed to paying for the proposed Water Main Improvements. Sincerely, Dave Carland Vice President, Leasing/Development 1150 INFORMATIONAL NEIGHBORHOOD MEETING MINUTES PROJECT 886 LONE OAK ROAD TRUNK WATER MAINIMPROVEMENTS OCTOBER 30,2003,6:30 P.M. COMMUNITY ROOM Attendance: John Gorder, Assistant City Engineer; 15 persons representing 11 properties. A. Welcome and Introduction Assistant City Engineer Gorder welcomed the residents, presented the agenda for the meeting. B. Presentation Gorder presented the proposed improvements, including photos of the proposed alignment, construction methods, costs, assessments, and schedule. Gorder discussed the decreased urgency for the project given the postponement of the Lone Road upgrade by Dakota County and the delay in the start of construction of the Gift of Mary development. C. Questions/Comments 1). Residents along Lone Oak Road should not be assessed for project that currently benefits only the Gift of Mary property. They should have to pay more for this project. They are proposed to be assessed the trunk area rate and for the lateral benefit adjacent to the property. They are also required to extend water main from Lone Oak Road through the property to Highway 55. This is about a''/2 mile of water main that they are required to construct. 2). It is premature to install this water main when the Gift of Mary development is so far short of their fundraising goals and won't be able to start construction for a long time. The need for the water main is not there yet and this project should not be considered at this time. 3). Some sort of concrete milestones or benchmarks need to be set for the actual development of the Gift of Mary development before this project should even be considered. Milestones like a building permit on the property. The residents would be willing to work with the Council to try and establish which milestones would be appropriate to trigger future consideration of this water main project. 4). Why are properties so far away from the project being assessed? The City's Special Assessment Policy is to propose assessments for all properties within '/a mile of a trunk water main improvement. 5). Why aren't we proposed to be assessed at a residential rate? We have a written agreement from about 1992 with the city that are properties are to be considered residential until a redevelopment proposal that includes all of our properties comes in to the city. Gorder was unaware of such an agreement, but will research this before the public hearing. The proposed assessment rate is based on the Comprehensive Guide Plan designation of Special Area which means the properties are guided for Office and Commercial/ Industrial uses. 6). Why isn't the water main being extended east from the Holiday development? The alignment along Lone Oak Road provides the most benefit to the City water system overall, and has been planned for quite some time. The meeting adjourned at 7:30 p.m. G:RM/03/MISUMINUTES/Proj 886, LO Rd Trunk WM NH Meeting 10-30-03 15-1 NEIGHBORHOOD MEETING LONE OAK ROAD PROJECT 886 THURSDAY, OCTOBER 30, 2003 - 6:30 P.M. NAME ADDRESS 2. 4. 01 7. L~J~ LctvC- 0--" 1c r~i--~ 8. I i li~ if ~g! cT 9. 3 3 a&1-1-7 5-5-- J J 10. Q V>~lr\ 4C,) 11. ' 13. 14. 15. 16. 17. 18. 19. 20. G:FORMS/SIGN-IN.Sheet /J Agenda Information Memo November 6, 2003 Eagan City Council Meeting F. VACATE PUBLIC RIGHT OF WAY, DODD ROAD ACTION TO BE CONSIDERED: Continue the consideration of the vacation of public right-of-way known as Dodd Road adjacent to Parcel 10-03600-030-25 (660 Cliff Road) to correspond with the Council's consideration of an associated development proposal. FACTS: • On September 17, 2003, City staff received a petition from Mr. Rich Ragatz, representing the owners, Roger and Stuart Weierke (660 Cliff Road), requesting the vacation of public right-of-way on a portion of the Dodd Road right-of-way adjacent to the property located south of Cliff Road in southeast Eagan. • The portion of Dodd Road adjacent to the property was re-aligned in 2002 as part of the Dodd Road Street & Utility Improvements (City Project No. 751R) to better align with Cliff Road. The re-alignment shifted the roadway to the west, creating potentially excess right-of-way in the area. • The right-of-way covered the previous alignment of Dodd Road. • The purpose of the request is to allow the incorporation of potentially excess right-of- way area into the subdivision plat of the adjacent property. • On October 28, 2003, the Advisory Planning Commission recommended the denial of the application for preliminary subdivision scheduled for consideration by the Council on November 18, 2003. • On October 29, 2003, staff was notified by the developer that he is requesting the removal of his application for preliminary subdivision in order to revise his development proposal. It is premature to consider this vacation request until the City has had an opportunity to review the proposed new development layout. Agenda Information Memo November 6, 2003 Eagan City Council VI. OLD BUSINESS A. RECONSIDERATION OF VARIANCE DENIAL - DUANE OLSON ACTION TO BE CONSIDERED: To reconsider approval of the Findings of Denial for a 2.5 foot Variance from the required maximum of 42 inches to construct a 6-foot fence in a front yard on property located at 1250 Cliff Road in the NE1/4 of Section 34. If a motion to reconsider is approved, then a subsequent motion to schedule the reconsideration for the next Council meeting on November 18, 2003, would be appropriate. REQUIRED VOTE FOR APPROVAL: Majority of quorum. FACTS: • This Variance request was before the Council for public hearing on January 21, 2003, and the Council directed Findings of Denial to be prepared. • On February 4, 2003, the applicant requested that the Council reconsider the denial of the Variance. The Council declined to reconsider at that time, and adopted the Findings of Denial. • Also on February 4, 2003, the Council further directed the applicant to consider a shorter fence and to request reconsideration by the Council after the neighboring properties had installed their fences. • The applicant is now requesting that the Council reconsider its motion to approve the Findings of Denial for his fence proposal. The neighbors have completed installation of their fences. The fence is a solid wood privacy fence, six feet in height. • The proposed fence is a six-foot boundary line fence along the northern edge of the property adjacent to Cliff Road, and along the sides of the property between the house and Cliff Road. • This lot is uniquely situated in that it is the only lot in this area with a front yard on Cliff Road. The fence is requested to mitigate negative effects on the property resulting from the Cliff Road reconstruction (restore privacy, block headlight glare into the property). • The fence is proposed to match the neighbors' fences, and it is proposed to be six feet in height, one-half foot less than the original proposal. 60-DAY STATUS: Deadline is December 22, 2003 ATTACHMENTS (4): Letter from Duane Olson requesting reconsideration, page bJ City Council minutes from February 4, 2003, page J-576- City Council minutes from January 21, 2003, page X5-77 Variance Report, pages/ through From: Duane A. Olson 1250 Cliff Road Eagan, MN. 55123 (651) 454-0400 To: Eagan City Council RE: Request to reconsider fencing variance at 1250 Cliff Road I respectfully request that you reconsider my application for a variance. Since this item was discussed at a city council meeting in the winter of 2003 fences have been erected at 4696 and 4695 Parkridge Drive. They are both the same in design, and if my variance is approved this is the same design that I would be using. The variance being requested is for a 6' fence on my frontage property. I can be reached at (651) 454-0400 from 5:30 P.M.-10:30 P.M. or you can leave a message. Sincerely, Duane A Olson ~6 Z O~ Eagan City Council Meeting Minutes February 4, 2003 Page 3 Councilmember Carlson moved, Councilmember Tilley seconded a motion to open the pub ' earing. Aye: 5 Na. Duane Olson, 1250 oad, expressed his opposition to the proposed essment. There was no further public comment. Councilmember Fields moved, Counci em conded a motion to close the public hearing. Aye:5 Nay:0 Councilmember Carlson moved, Counc' ember Tilley secon a motion to approve the Final Assessment Roll for Project 680 (Cliff Road - Street an tility Improvements) and author its certification to Dakota County for collection. Aye: 5 Nay: 0 Councilm er Carlson moved, Councilmember Maguire seconded a motion to ID #011-02 (Olson property) an o ' n to have all but 85 feet of frontage assessment deferred with interest until develop t or sale of the prope . Aye: 5 Nay: 0 OLD BUSINESS REQUEST FOR RECONSIDERATION OF VARIANCE - DUANE OLSON City Administrator Hedges introduced this item regarding a request by Duane Olson for reconsideration of a variance request to construct a 6.5 foot fence in a front yard on property located at 1250 Cliff Road. This issue was originally considered at the January 21, 2003 Council meeting. City Attorney Dougherty recommended that consideration of the Findings of Fact for Denial be acted on prior to reconsideration of the variance. Councilmember Carlson moved, Councilmember Fields seconded a motion to confirm the Findings of Fact. 03-03 Conclusions and Resolution of Denial of the Variance request of Duane Olson for a 6.5 foot fence in a front yard on property located at 1250 Cliff Road in the NE of Section 34. Aye: 5 Nay: 0 Paulette Olson, Scott Johnson, Sherry Norton, and James Shu, neighbors of Mr. Olson, were present and spoke in favor of the variance to allow Mr. Olson to construct a fence in his front yard. Mr. Olson addressed the Council, discussing the need for a fence in his front yard. He stated the noise level has increased due to increased traffic on Cliff Road and with the removal of vegetation, car lights shine into house. Council, staff, Mr. Olson and neighboring property owners discussed Mr. Olson's proposed fencing and the fencing that is planned for the neighboring properties that would not require a variance. Council recommended that after installation of the neighboring fences, Mr. Olson consider a shorter fence that would be more compatible and request, at that time, reconsideration of the variance. NEW BUSINESS DEVELOP AGREEMENT - KEYSTONE COMMUNITIES-01 EAGAN LLC City Administrator Hedges discuss is item regardina a-Bevel' opment agreement, including the sale of public land, with Keystone Communities of Eagan fo -26 units of senior housing. Councilmember Tilley moved, Cou~ilmember Carlson nded a motion to approve the development agreement, including the sale of public land, with Keystone Communitie Eagan LLC for 126 units of senior housing in the Cedar Grove Tax I Grdment Finance Redevelopment District Aye: 5 Nay: 0 i Doris Dahline read a list of concerns and questions, which included the following.. • Heigh f the proposed building /LS"6 Eagan City Council Meeting Minutes January 21, 2003 Page 3 PUBLIC HEARINGS VARIANCE - DUANE OLSON City Administrator Hedges introduced this item regarding a request for a three-foot variance from the required maximum of 42 inches to construct a 6.5 foot fence in a front yard on property located at 1250 Cliff Road. Senior Planner Ridley gave a staff report. Councihmember Carlson moved, Councilmember Fields seconded a motion to open the public hearing. Aye: 5 Nay: 0 Duane Olson, applicant, discussed his request for a variance to construct a fence to reduce noise and visual intrusion from traffic on Cliff Road. There was no further public comment. Councilmember Maguire moved, Councilmember Tilley seconded a motion to close the public hearing. Aye: 5 Nay: 0 Mayor Geagan and Councilmembers discussed the installation of vegetation for screening rather than a fence. Pubic Works Director Colbert explained that Dakota County had compensated the property owner for existing vegetation that had been removed during the reconstruction of Cliff Road as part of the easement acquisition. Councilmember Carlson moved, Councilmember Fields seconded a motion to direct the City Attorney to prepare findings of fact to deny a three-foot Variance from the required maximum of 42 inches to construct a 6.5 foot fence in a front yard on property located at 1250 Cliff Road in the NE of Section 34 subject to the following conditions. Aye: 3 Nay: 2 Maguire and Tilley opposed CITY ORGANIZATIONAL BUSINESS ADVISORY COMMISSION APPOINT TS City Administrato edges discussed the interview process that d taken place on January 14, 2003 and then explained the ballot math that would be used to vote on mem s for each commission. Councilmember Carlson m ed, Councilmember Ti ey seconded a motion to approve the procedure for appointing advisory commission appo' ents. Aye: 5 y: 0 Councilmembers were provided wit al s. The results were as follows: Advisorv Planning Commission PC Ron Miller - 3 year term Carla Heyl - 3 year terry" Gary Hansen - 3 ye erm Ted Gladhill - 1 ar term Paul Leeder -,k' year alternate term Advisor./park and Recreation Commission (APrC) i T Davis - 3 year term hil Belfiori - 3 year term /.!519 PLANNING REPORT CITY OF EAGAN REPORT DATE: January 13, 2002 CASE: 34-VA-36-12-02 APPLICANT: Duane Olson HEARING DATE: January 21, 2003 PROPERTY OWNER: Duane Olson APPLICATION DATE: December 12, 2002 REQUEST: Variance PREPARED BY: Pamela Dudziak LOCATION: 1250 Cliff Road COMPREHENSIVE PLAN: LD, Low Density ZONING: R-1, Single-Family Residential SUMMARY OF REQUEST Duane Olson is requesting a 2.5-foot Variance from the required maximum of 42 inches to construct a 6.5-foot fence in a front yard on property located at 1250 Cliff Road in the NE'/4 of Section 34. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards only if 1. The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. Planning Report - Duane Olson January 21, 2003 Page 2 CODE REQUIREMENTS The City Code limits the height of fences in residential districts to a maximum of six feet in side and rear yards, and 42 inches in front yards. The front yard includes that area between the front lot line and the front building line. Fence height is measured from grade to the highest point of the fence. BACKGROUNDMISTORY The house on this property was constructed in 1952. In the summer of 2001,. Dakota County reconstructed Cliff Road in this location, widening the roadway, eliminating the drainage ditch and installing storm sewer and a trail. EXISTING CONDITIONS The property is located south of Cliff Road. There is an existing house and two detached accessory buildings (a garage and shop). The existing house is set back approximately 120 feet from the Cliff Road right-of-way. There is an existing row of mature evergreen trees on the northern edge of the property along Cliff Road. EVALUATION OF REQUEST The proposed fence is a solid cedar privacy fence, with a scalloped design and decorative post top finials. The fence is proposed as a boundary line fence along the northern edge of the property adjacent to Cliff Road, and along the sides of the property between the house and Cliff Road. In the process of the Cliff Road upgrade, existing vegetation was removed along the Olson's property, and lower branches of their evergreen trees were trimmed to provide safe clearance above the new trail. The City Code allows fences up to six feet in height in side and rear yards in residential zoning districts. The solid part of the fence is proposed to be six feet in height, however, the decorative finials add several inches to the fence height since height is measured to the highest point of the fence. Therefore the Variance request is for more than six feet in order to accommodate the height added by the decorative finials. This parcel contains the original house that was located on 40 acres which was subdivided and developed around this lot in the 1980s. As a result, this property is uniquely situated in that it is the only lot fronting on Cliff Road in this area. The other parcels have either side or rear yards along Cliff Road, and therefore, adjoining lots would not require a Variance to construct a six- foot fence along Cliff Road. /~9 Planning Report - Duane Olson January 21, 2003 Page 3 APPLICANT'S ESTIMATE OF HARDSHIP The applicant states that the fence is needed to reduce noise and visual intrusion from traffic on Cliff Road. Also, with the removal of plants and trimming of the evergreen trees that occurred as part of the Cliff Road project, vehicle headlights from the Oak Chase Road intersection with Cliff Road now shine into the property and into the north-facing windows of the house. The proposed fence will help to block this headlight glare. SUMMARY/CONCLUSION The applicant is proposing to construct a 6.5-foot privacy fence in a front yard at 1250 Cliff Road. The fence panels are proposed to be six feet in height with decorative post-top finials. A Variance is necessary to construct a fence exceeding 42 inches in height between the house and the public right-of-way. This lot is uniquely situated in that it is the only lot in this area oriented with its front yard on Cliff Road. The Cliff Road upgrade in 2001 resulted in the widening of Cliff Road, the installation of a trail adjacent to this property, and the removal of vegetation and trimming of trees that had previously served as a buffer between the property and the roadway. The fence is requested to help block noise and headlight glare the owner now experiences as a result of the Cliff Road upgrade. ACTION TO BE CONSIDERED To approve a three-foot Variance from the required maximum fence height of 42 inches to construct a 6.5-foot high fence in a front yard on property located at 1250 Cliff Road in the NEV4 of Section 34. 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The fence shall be constructed of cedar in a design consistent with that proposed by the applicant. 3. The fence shall be maintained in a condition of reasonable repair and shall not be allowed to become a public or private nuisance. 4. The finished side of the fence shall face away from the fence owner's lot. 5. The fence panels shall not exceed six feet in height. /6d O Eagan Boundary Street CenterllM Location Map Fared Area Building Footprint i a ~ r s 7 . 3 9 ~ 5 ~ ~ O s® tS If' J, Q1 Li R to i s i a e 4 a t Sub ect site t. a I y ~ s a - ao ~ ~ $ 3 S 3 ® S S S .y 3 e d 7u a 7 s 6 -J C a m . i ° - 3 O MA ~ xr ~ a 7 a~ , a• ! ~ 2000 Feet ' 0 1000 1000 Development/Developer. Duane Olson Application: Variance Case No.: 26-VA-35-12-02 N Map Prepared using ERSI De new 3.1. Pamel base and In turret as of September 002 M Dakota coumtynty land 9uwve rvay Drtment W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY S City of Eagan The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are z 124 ~ k w o~ (L u- - k } y PPP f ~ ~ f,1 T el x La CL X 0 w 7' ✓ O U cr ~ _ x 1 X,c iL r i i i . i t ~ ~~0) SITE PLAN Agenda Information Memo November 6, 2003, Eagan City Council VII. NEW BUSINESS A. PLANNED DEVELOPMENT AMENDMENT - MWP INVESTORS, INC. ACTION TO BE CONSIDERED: To approve (OR to deny) a Planned Development Amendment to allow a currency exchange facility at 1970 Rahncliff Road, legally described as, in the NW V4 of Section 32, subject to the conditions listed in the October 28, 2003, APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes. FACTS: • In December 2002, the Council directed preparation of currency exchange operations ordinance. The ordinance was adopted and became effective in July 2003. • The property contains two existing multi-tenant buildings with shared parking. MWP proposes to locate the currency exchange business at the north end of the northerly building. • The property is zoned PD, Planned Development, and is guided RC, Retail Commercial. • The applicant indicates that the proposed business will provide check-cashing services, money transfers, money orders and bill payment services. • The proposal satisfies the locational standards of the ordinance. Operational standards will be made part of the PD Amendment Agreement. • The Advisory Planning Commission held a public hearing on October 28, 2003, and the motion to recommend approval failed on a split vote of 3-3. ISSUES: • The APC members who opposed the motion to recommend approval stated the opposition was because of the added condition regarding window signage restrictions. 60-DAY STATUS: Deadline is November 30, 2003. ATTACHMENTS (2): October 28, 2003, Draft APC Minutes, pageV through (v Staff report, pages through L ' 6 V & A~3 City of Eagan Advisory Planning Commission Meeting Minutes October 28, 2003 Page 2 III. PUBLIC HEARINGS A. PLANNED DEVELOPMENT AMENDMENT - MWP INVESTORS INC. A Planned Development Amendment to allow a currency exchange service on Lot 2, Block 3, Rahncliff 2nd Addition, located at 1070 Rahncliff Road, Suite 100 in the NW V of Section 32. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated October 21, 2003. She noted the background and history. Planner Dudziak also noted an additional condition regarding the building signage. Applicant Tony Cruz explained the check cashing business and those customers which it serves. 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 stated the conditions of the ordinance have been met by the proposal. Member Gladhill asked if there are other locations of this check cashing business under the same ownership. He asked if the business would be issuing loans or payroll advances. Mr. Cruz stated the owners have another location in Burnsville and they would not be lending any money. Member Gladhill commented on the need to restrict the amount of window signage. Member Gladhill moved, Member Leeder seconded a motion to recommend approval of a Planned Development Amendment to allow a currency exchange service on Lot 2, Block 3, Rahncliff 2nd Addition, located at 1070 Rahncliff Road, Suite 100 in the NW V4 of Section 32 subject to the following conditions, as amended: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. 2. The operation of the currency exchange business shall comply and be operated in accordance with all state laws and regulations relating to the operation of currency exchange businesses. 3. The currency exchange business shall be operated in accordance with the zoning regulations of this Code and the Planned Development Amendment Agreement. City of Eagan Advisory Planning Commission Meeting Minutes October 28, 2003 Page 3 4. The currency exchange business shall not be located closer than 200 feet to any existing currency exchange business, secondhand goods store or pawnshop, day care facility, on or off-sale liquor establishment, park or public facility or residential property, including R-4 (Residential Multiple District) properties. The distance shall be measured from any point of the exterior area of the structure in which the currency exchange business is located and the closest point on the property line of the other use. 5. The currency exchange business shall comply with all provisions of this Code and other applicable state laws. 6. No bars, chains, or other security devices on the structure in which the currency exchange business is located shall be visible from a public street or sidewalk. 7. The currency exchange business shall not engage in any services in which money or funds are lended, borrowed or pledged to or by a customer. 8. The premises shall be open for inspection by the City and the City shall have the right to inspect the premises. 9. The currency exchange business shall not be open or operated during the hours of 8:00 p.m. and 6:59 a.m. 10. Building signage shall be subject to City Sign Code standards and similar in design with the other tenant signage on the building. 11. Externally visible window signage coverage shall not exceed 25 percent of the total exterior window surface per building side. Member Steininger stated the business meets all requirements; however he is not comfortable enforcing window coverage requirements. Member Leeder stated the window restrictions could provide additional security, allowing police to easily view the interior of the facility. Member Bendt asked Member Gladhill how he arrived at 25 % window signage. Member Gladhill stated he compared the surrounding businesses and the percentages of window coverage and believes 25 % coverage limit was reasonable. Chair Heyl stated the City Council could have restricted this type of window coverage by including such a standard in the zoning ordinance. She stated there should be an overall plan with regard to window signage rather than applying a special standard only to this user. She stated preference that the City Council takes action regarding the window signage issue. A vote was taken. City of Eagan Advisory Planning Commission Meeting Minutes October 28, 2003 Page 4 Aye: Members Leeder, Gladhill, and Hansen. Nay: Chair Heyl, Members Steininger, and Bendt. All members expressed support for the proposal; those who opposed the motion stated they were opposed to condition # 11. 66 PLANNING REPORT CITY OF EAGAN REPORT DATE: October 21, 2003 CASE: 32-PA-10-09-03 APPLICANT: MWP Investors, Inc. HEARING DATE: October 28, 2003 PROPERTY OWNER: Valley Mining, LLC APPLICATION DATE: October 1, 2003 REQUEST: Planned Development Amendment PREPARED BY: Pamela Dudziak LOCATION: 1970 Rahncliff Road COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST MWP Investors, Inc. is requesting approval of a Planned Development Amendment to allow a currency exchange facility at 1970 Rahncliff Road, legally described as, in the NW 1/4 of Section 32. AUTHORITY FOR REVIEW Chapter 11, Section 11.40, Subdivision 5 states, in part 1. The provisions of this chapter may be 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 of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY The property was platted in 1989 and the existing commercial buildings were constructed on the lot that same year. On December 2, 2002, the Council directed staff to prepare an ordinance regarding currency exchange operations. The City Attorney drafted an ordinance, and the Advisory Planning Commission (APC) held a public hearing on April 22, 2003 to consider the draft ordinance. Following a recommendation of denial by the APC, a revised draft of the ordinance was presented 199 Planning Report - MWP Investors, Inc. October 28, 2003 Page 2 to the City Council on May 20, 2003. The Council directed further discussion to a June 2003 workshop, and the outcome was to add a 200-foot buffer provision to the ordinance. On July 1, 2003, the Council approved a further revised ordinance including the buffer provision. EXISTING CONDITIONS - The property contains two multi-tenant buildings with a shared parking lot. The building where- - - MWP Investors intends to locate is on the north end of the property. The building houses several commercial tenants. MWP Investors will occupy the tenant space on the north end of the building. Parking is shared with the adjacent building to the south, which is also a multi-tenant retail building, housing about a dozen commercial businesses, and is located on the same parcel. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Cliff Road/Tar et PD, Planned Development RC, Retail Commercial East I-35E South Retail/Holiday Inn PD, Planned Development RC, Retail Commercial Express Hotel ' West Burger Kin ilton Hotel PD, Planned Development RC, Retail Commercial EVALUATION OF REQUEST Proposal - The applicant proposed to establish a currency exchange operation in one of the tenant spaces within a retail strip mall at 1970 Rahncliff Road. The property is currently zoned Planned Development, and is guided RC, Retail Commercial. The applicant's narrative states that the business will "provide check-cashing services for people who do not have a checking account" and will act as a Western Union agent for "money transfers, money orders and making bill payments." The narrative also states that the business expects 500 customers per week, which will bring "an increase in activity for the surrounding businesses." City Code Requirements - The ordinance establishing currency exchange operations as a conditional use in certain zoning districts went into effect upon publication on July 10, 2003. The ordinance established currency exchange as conditional in the Neighborhood Business and Community Shopping Center zoning districts. Within Planned Development zoning districts that would be considered neighborhood or community retail areas, a Planned Development Amendment it utilized rather than a Conditional Use Permit. The zoning ordinance states that the currency exchange operation is subject to the regulations in Chapter 6. Chapter 6 establishes that a state license for currency exchange is required, in addition to the zoning approval from the city. /6 ~ Planning Report - MWP Investors, Inc. October 28, 2003 Page 3 Evaluation - Chapter 6 establishes eight performance standards that apply to currency exchange businesses. Each of these items is evaluated below: 1. The operation of the currency exchange business shall comply and be operated in accordance with all state laws and regulations relating to the operation of currency exchange businesses. 2. A currency exchange business shall be operated only in the zoning districts as set forth in this Code and in accordance with the zoning regulations of this Code. The proposed site is in a Planned Development zoning district containing retail commercial uses. 3. No currency exchange business shall be located closer than 200 feet to any existing currency exchange business, secondhand goods store or pawnshop, day care facility, on or off-sale liquor establishment, park or public facility or residential property, including R-4 (Residential Multiple District) I?Mperties. The distance set forth herein shall be measured from M point of the exterior area of the structure in which the currency exchange business is located and the closest point on the property line of the other use. The building in which MWP proposes to locate the currency exchange is not within 200 feet of any of the uses listed above. The Hilton Hotel across Rahncliff Court has a liquor license and is the nearest use from which the 200-foot buffer is required. 4. A currency exchange business shall comply with all provisions of this Code and other gplicable state laws. 5. No bars, chains, or other security devices on the structure in which a Currency Exchange Business is located shall be visible from apublic street or sidewalk. 6. A currency exchange business shall not engage in any services in which money or funds are lended, borrowed or pledged to or by a customer. 7. The premises shall be open for inspection by the City and the City shall have the right to inspect the premises. 8. No Currency Exchange Business shall be open or operated during the hours of 8:00 p.m. and 6:59 a.m. SUMMARY/CONCLUSION In summary, MWP Investors, Inc. is requesting approval of a Planned Development Amendment to allow a currency exchange operation in a retail building located at 1970 Rahncliff Road. The currency exchange operation will provide check-cashing services as well as money transfers, money orders and bill payment services. The proposal satisfies the locational standards of the ordinance, and the operational standards will be made part of the Planned Development Amendment Agreement. Planning Report - MWP Investors, Inc. October 28, 2003 Page 4 ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment for allowing a currency exchange operation within the building at 1970 Rahncliff Road, on property legally described as Lot 2, Block 3, Rahncliff 2nd Addition. If approved the following conditions shall apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. 2. The operation of the currency exchange business shall comply and be operated in accordance with all state laws and regulations relating to the operation of currency exchange businesses. 3. The currency exchange business shall be operated in accordance with the zoning regulations of this Code and the Planned Development Amendment Agreement. 4. The currency exchange business shall not be located closer than 200 feet to any existing currency exchange business, secondhand goods store or pawnshop, day care facility, on or off-sale liquor establishment, park or public facility or residential property, including R-4 (Residential Multiple District) properties. The distance shall be measured from any point of the exterior area of the structure in which the currency exchange business is located and the closest point on the property line of the other use. 5. The currency exchange business shall comply with all provisions of this Code and other applicable state laws. 6. No bars, chains, or other security devices on the structure in which the currency exchange business is located shall be visible from a public street or sidewalk. 7. The currency exchange business shall not engage in any services in which money or funds are lended, borrowed or pledged to or by a customer. 8. The premises shall be open for inspection by the City and the City shall have the right to inspect the premises. 9. The currency exchange business shall not be open or operated during the hours of 8:00 p.m. and 6:59 a.m. i Eagan Boundary Location Map s~tAConterline Parcel Area rea Building Footprint PULE 8, AZtN Ulm ® hft~lfll ® . % d i/ ! ~y.Y El - s Subject Site g e° m I ~ ALL- e ` ~ ® ~ r j j ~ t ~ i ~ t ®K ® U ma a MIX s f3 ® ' "'v a A ~ ~ fis 19 ~ B V i \ ® ~ 6e ~ e al° g4~ 1000 0 1000 2000 Feet Development/Developer. MWP Investors, Inc. Application: Planned Developmen dment Case No.: 32-PA-11-09-03 Map Prepared using ERSI row 3.1. parcel base nap data provided N by Dakota County Office of GIS and Is current as of June 2003. b THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E city of e~gan The City of Eagan and Dakota County do not guarantee the accuracy of this information and an S eommudty D.•dopmart aepartnerd not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan MWP Investors, Inc. Land Use Map Case No. 32-PA-11-09-03 Zoning Map PD ~PD s .D R 1 PD PD R1 PD UL Current Zoning: FD PD PD Le PF PD P Planned Development PD FD LS Location R PF 00 ~P P ~i P J 4P 4P ~ w. . goo D Roo 1200 FNt• r Comprehensive Guide Plan ( Re R~ MD Land Use Map 09 DR XD RC Ro RC RC o15 RC RC OR Current Land Use Designation: 93 OP ` RC l On A€ Lb OK O!S RC DP Location Retail Commercial r LD oDO 0 000 1200 F..e w p.real Ra.. snap i rmati-a providedby Dako my Land S-ay Departmert June 2003. N Zoling infor intain.d byCity SWE City of Eagan W E G! THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this information. S p r% I l °t- H s I ptgg vF ~F `Y :g eFg ---1--{ 4 §4 i ~ ~ ~g• gasS Niq~- ir, „R 2 i §T•. a V1 r" .gyF s' i ottC tie £ ^•ZF E' i { ggg ji( q ; i t`iY~~ W ( " •1 agF Ell i iBBSB p E 14 .1 fill J BOLT ~ - ~ ~ \ u 1 p ~ _ ~ N d •'0 ti ~ 'r ' 1 .61 Cj ~_"~sa -"_s-ss• a g-i I m-ru ( I Otte-- L------------- I I I - I I ~ y ~ I II I age • - ~ ~ - _ ~ AREA MAP PO-07 0 EXHIBIT A SITE PLAN CLIFF ROAD ' \ 200 L 300 1070 DUIIMINC 950 400 I / l00 200 900 RAIINCLIf' f COURT 320 \ 360 IDOL DURMINC 400 000 \ 600 700 \ HIGHWAY 35E NORTH 800 1 000 / 1000 t O' \ 10' -1 \ 20' DO' SITE PLAN O ;e .0 oo O • O N o~ r e . F~OL cq n (V cD 1 s O I I 20'- 0" 30`- 0" I I I ' I I I I I i FLOOR PLAN 1. Written Narrative Describing the Request: A. The check cashing company will: 1. Provide check-cashing services for people who do not have or chose not to use a checking account for a minimal fee. This people include those who work part-time, seasonal, students, etc. 2. Act as a Western Union Agent in order to provide money transfers, money orders, and making bill payments. B. The company plans to start its operations the first week of November 2003. 2. Written Narrative Addressing the Following Questions: A. What impact does the planned development amendment have on the surrounding property and land uses? Since there will be at least 500 customers using our services per week, there will be an increase in the amount of activity for the surrounding businesses such as restaurants, fast food restaurants, and other retail businesses. B. What impact does the planned development have on the subject property? Check-cashing services differ from conventional bank services. A check-cashing business will have a great impact as many people see these services as a necessity and demand grows for such services. C. Does the requested land use proposal by the amendment result in a better use of the land? Explain. The tremendous demand for the services of a check-cashing business is as follows: 1. We would be serving a portion of the population who either choose to not use a checking account or have credit issues that prevent them from obtaining a checking account. Large retailers, such as Walmart, fast food restaurants, seasonal employers, and other types of employers employ many hard working people who live check to check, without reserves and like the convenience of cashing their checks right away. Most conventional banks hold local checks for up to 3 business days and hold non-local checks for up to 10 business days. 2. As a Western Union Agent, we serve the needs of residents from Eagan as well as those new to Minnesota. We provide money transfers nationwide and internationally, sell money orders, pay utility bills, make mortgage payments, car payments, installment loan payments, sell phone cards, and cellular minutes, all through the Western Union system. APPLICANT'S NARRATIVE / 6 6, Agenda Information Memo November 6, 2003 Eagan City Council B. PRELIMINARY SUBDIVISION (EAGANDALE CENTER INDUSTRIAL PARK NO. 19) - LARSON PROPERTIES ACTION TO BE CONSIDERED: To approve (OR to deny) a Preliminary Subdivision to create two lots on 3.79 acres located at 3000 Denmark Road, legally described as Lot 1, Block 2, Eagandale Center Industrial Park No. 9, in the NE'/a of Section 10, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of quorum. FACTS: • The property was platted in 1988 • A Planned Development was approved in 1998 for a hotel and restaurant on this site. The 1998 site plan was designed for future subdivision. The hotel has been constructed on the easterly portion of the site. • Access to the site is provided from Denmark Avenue. • Lot 1 is 1.7 acres in area; and Lot 2 is 2.09 acres in area. • Final Planned Development approval will be required prior to construction on Lot 1. • The existing pylon sign will become non-conforming as to setback as a result of the subdivision. Therefore, the sign will need to be relocated or the subdivision reconfigured to achieve compliance prior to final subdivision approval. • Easements for the shared pylon sign and the shared ingress/egress will need to be provided prior to final subdivision approval. • Dakota County has informed the City that it will require additional right-of-way dedication of 25 feet for Lone Oak Road and 15 feet for Lexington Avenue. This additional right-of-way should be provided on the final plat. • The Advisory Planning Commission held a public hearing on October 28, 2003, and did recommend approval, subject to the conditions in the APC minutes. 120-DAY STATUS: The deadline is January 29, 2004. ATTACHMENTS (2): J 002& October 28, 2003, Draft APC Minutes, pages/through Staff Report, pagesQ through City of Eagan Advisory Planning Commission Meeting Minutes October 28, 2003 Page 5 B. PRELIMINARY SUBDIVISION - LARSON PROPERTIES, LLC A Preliminary Subdivision (Eagandale Center Industrial Park No. 19) to create two lots, located at 3000 Denmark Avenue in the NE Y4 of Section 10. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated October 23, 2003. She noted the background and history. Planner Dudziak also noted an additional condition regarding the dedication of additional right-of-way to Dakota County. Applicant Stuart Schafer stated availability for questions and stated the reason for timing on the request for subdivision. Member Gladhill asked for clarification regarding the possible future request for a pylon sign. Planner Dudziak explained that if the property is subdivided, each lot is allowed one free standing sign. The plans propose the existing pylon sign and one monument sign. The two free-standing signs cannot be on the same lot. The easement is necessary to allow both lots use of the one pylon sign as originally intended in the 1998 Planned Development approval. City Planner Ridley further explained that the existing pylon sign was previously approved with the 1998 Planned Development approval; a second pylon sign, if requested in the future, would require an amendment to the Planned Development. Member Leeder inquired about the placement and ownership of the parking for the two properties. Mr. Schafer stated there is sufficient parking on the hotel side of the property. 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 moved, Member Hansen seconded a motion to recommend approval of a Preliminary Subdivision (Eagandale Center Industrial Park No. 19) to create two lots, located at 3000 Denmark Avenue in the NE Y4 of Section 10 subject to the following conditions as amended: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, 131, and B3 2. The property shall be platted. ;191 City of Eagan Advisory Planning Commission Meeting Minutes October 28, 2003 Page 6 3. A Final Planned Development approval and Agreement will be required prior to development of Lot 1. 4. The pylon sign shall either be relocated, or the lot boundary adjusted, so that the pylon sign is located on Lot 2 and satisfies the minimum 10-foot setback prior to final subdivision approval. 5. An easement and shared sign agreement that is acceptable to the City Attorney shall be executed prior to final subdivision approval to ensure the opportunity for both buildings to utilize the pylon sign once Lot 1 develops. 6. An ingress/egress easement benefiting Lot 2 providing ingress and egress over Lot 1 that is acceptable to the City Attorney, shall be executed prior to final subdivision approval. 7. The final plat shall provide for dedication of additional right-of-way as required by Dakota County All voted in favor. Motion carried 6-0. / --7 9 PLANNING REPORT CITY OF EAGAN REPORT DATE: October 23, 2003 CASE: 10-PS-18-09-03 APPLICANT: Larson Properties, LLC HEARING DATE: October 28, 2003 PROPERTY OWNER: Larson Properties, LLC APPLICATION DATE: October 1, 2003 REQUEST: Preliminary Subdivision PREPARED BY: Pamela Dudziak LOCATION: 3000 Denmark Avenue COMPREHENSIVE PLAN: BP, Business Park ZONING: PD, Planned Development SUMMARY OF REOUEST Larson Properties is requesting approval of a Preliminary Subdivision to create two lots on 3.79 acres located at 3000 Denmark Road, legally described as Lot 1, Block 2, Eagandale Center Industrial Park No. 9, in the NE V4 of Section 10. AUTHORITY FOR REVIEW City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. /O op je-, v Planning Report - Larson Properties October 28, 2003 Page 2 E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The property was platted in 1988. The property remained undeveloped until 1998, when a two- building Planned Development was approved for the property consisting of a hotel on the easterly portion of the site, and a restaurant on the westerly portion. The hotel was constructed in 1998; the restaurant has not been built. EXISTING CONDITIONS The site is open and was graded in 1998 with initial development. An 82-room three-story hotel exists on the easterly portion of the property, the westerly portion remains vacant. Access into the site is provided from Denmark Avenue. 1,51 Planning Report - Larson Properties October 28, 2003 Page 3 The site plan approved in 1998 was designed for a future subdivision, although it was not subdivided at that time. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Single Family Residential T, Transitional RC, Retail Commercial South Office/Showroom PD, Planned Development BP, Business Park East Office/Warehouse I-1, Limited Industrial 11-4D, Limited Industrial West Hotel PD, Planned Development BP, Business Park EVALUATION OF REQUEST Compatibility with Surrounding Area -The surrounding area contains other commercial and industrial uses. The proposed subdivision satisfies lot requirements and is consistent with the approved development plans for this site. Lots - Lot 1 is proposed to be 1.7 acres in area, and Lot 2 (the hotel) is proposed to be 2.09 acres. This is consistent with the original development plan. Landscaping - The proposed landscape plan is very similar to what was presented in 1998, and is based on the 1998 approved development plan for a restaurant. Since no new construction is proposed at this time, a Final Landscape Plan will be required at the time of Final Planned Development for Lot 1, however, the following staff comments are provided for the developer's consideration. Some of the parking islands are overplanted with spirea, which may pose problems for snow storage and may interfere with vehicle doors. Some shrubs should be added to the east side of Lot 1, along the retaining wall to provide a visual barrier between the two lots and a physical barrier along the top of the wall. Lastly, the White Oak should be a minimum size of 2.5" caliper. Si ng_age - In 1998, a single pylon sign was approved to serve the two buildings to be constructed on this site. The pylon sign has been installed and currently contains signage for only one user, Microtel. The Planned Development Agreement allows one monument sign and one pylon sign. The 1998 planning report notes that "with future subdivision of this parcel, the setback of the pylon sign from the new property line should be a minimum of ten feet, and a cross easement for joint use of the pylon sign will be necessary." The site plan shows a monument sign on the northwest corner of Lot 1 to serve future development on that lot. While the hotel is on Lot 2, the proposed subdivision would result in / (7 1 004 Planning Report - Larson Properties October 28, 2003 Page 4 the pylon sign being on Lot 1. The pylon sign also would become nonconforming to the minimum 10-foot setback from the side property line. Since City Code allows only one free-standing sign per lot, the pylon sign should either be relocated, or the lot boundary adjusted, so that the pylon sign is located on Lot 2 and satisfies the minimum 10-foot setback prior to final subdivision approval. In addition, an easement and shared sign agreement should be executed to ensure the opportunity for both lots to utilize the pylon sign once Lot 1 develops. Grading/Storm Drainage - The site was previously graded with the development of the hotel. No additional grading is proposed at this time. Wetlands/Water Quality - Water quality treatment requirements for this development have been previously satisfied. This development is located in the LeMay Lake watershed and generates runoff which discharges to Pond DP-3.3, a designated stormwater management basin that contains sufficient wet pond volume to meet water quality treatment requirements for this development. Utilities - Sanitary sewer and water were available to serve the site prior to construction of the hotel. Connections to those utilities were established at the time of the hotel construction in 1998. Access/Street Design - Access to the site is provided from Denmark Avenue at the southwest corner of the property. This single access serves both Lots 1 and 2. Easements/Righhts of Way/ Permits - The proposed subdivision creates a situation where the access to the hotel on Lot 2 would be across Lot 1. Therefore, an easement benefiting Lot 2 . providing ingress/egress over Lot 1 should be executed prior to final subdivision approval. Parks and Recreation - Park and trails dedications on this property have been previously satisfied. Trail dedication was fulfilled in 1989 with construction of a sidewalk on the property and park dedication was paid with the building permit for the hotel in 1998. SUMMARY/CONCLUSION In summary, Larson Properties is requesting approval of a Preliminary Subdivision to create two lots on 3.79 acres located at 3000 Denmark Road, south of Lone Oak Road and west of Lexington Avenue. A Planned Development was approved for this property in 1998 which approved a hotel and a restaurant, the hotel was constructed on the easterly portion of the site in 1998, but the restaurant has not been built. The developer requests to subdivide the property into two lots to allow for separate ownership of the restaurant site. The 1998 development plans were designed to allow for future subdivision of the property. Prior to final subdivision approval, easements for ingress/egress and for the shared pylon sign will need to be executed. U3 Planning Report - Larson Properties October 28, 2003 Page 5 ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision to create two lots on 3.79 acres located at 3000 Denmark Road, legally described as Lot 1, Block 2, Eagandale Center Industrial Park No. 9, in the NE I/4 of Section 10. If approved, the following conditions should apply. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: A1, B1, and B3 2. The property shall be platted. 3. A Final Planned Development approval and Agreement will be required prior to development of Lot 1. 4. The pylon sign shall either be relocated, or the lot boundary adjusted, so that the pylon sign is located on Lot 2 and satisfies the minimum 10-foot setback prior to fmal subdivision approval. 5. An easement and shared sign agreement that is acceptable to the City Attorney, shall be executed prior to final subdivision approval to ensure the opportunity for both buildings to utilize the pylon sign once Lot 1 develops. 6. An ingress/egress easement benefiting Lot 2 providing ingress and egress over Lot 1 that is acceptable to the City Attorney, shall be executed prior to final subdivision approval. FINANCIAL OBLIGATION-Eagandale Center Industrial Park No. 19 Preliminary Subdivision There are pay-off balances of special assessments totaling $-0- on the parcels proposed for subdivision. The pay-off balance will be allocated to the lots created by the subdivision. At this time, there are no pending assessments on the parcels proposed for subdivision. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT None Total Eagan Boundary Location Map ; Street Centerline Parcel Area Building Footprint WR tYl- w~vr I t j \ 11 i 40 ®r e► ~ ~ sr n - ~ c ~ J ~ ! l iffiJ -J i IL L s _ 73, `7 L qF 1 ~ s uV~' Lf / 1 ----r, 1„_ -_~^I roW iii Sub ect Site t L~ J s r a. 1000 0 1000 2000 Feet Development/Developer. Eagandale Center Industrial Park No. 19 Application: Preliminary Subdi ' Case No.: 10-PS-18-09-03 (/,ffz? Map Prepared using ERM ArcVis3.1. Parcel base map data provided N by Dakota County Office of GIS and is current as of June 2003. / W Clt OF en Qn r THIS MAP IS INTENDED FOR REFERENCE USE ONLY E v The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Comraso ty oevalopneent Departrnnt not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Larson Properties, LLC Land Use Map Case No. 10-PS-18-09-03 Zoning Map 1-, r 1., 41 rF Current Zoning: NO PD 'D Planned Development r .D Location PD 1-1 1-, O► M I-1 N 1.1 41 PD O► PD Or 600 0 60D 1200 F..t Comprehensive Guide Plan IND LLLI 111 IND Land Use Map IND IND IND RC ~ OP IND RC OC N 11 IND Current Land Use Designation: , O• DC F RC BP Location Business Park INO IND BP ND IND IND OP 6A SR 6UD 0 600 1200 F..t F..01 b- °p Inform°ti edby D.ilotR County LOnd Survey D°partmol! Jule 2003. N oning information hinod AyCify SfafL 4111-city of Eagan WE Z, THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this information. s - _ _.r...._ _ - (C . S . A. H. -N 0. - 26) L r , sr~ a 7>! 5&T FENCE . , , , , ...,_.,M. , 1.,..,. - - E7t5nNf. .RE ~'4 -``;1- M" ' -:r =,R~j 1•.,'r. r j i.rrr' NYOMNT I • A J~IS., ,.C~V'I' W Z ST. 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"rr i9esy:x_ty _r-.~ - ~'!"i:t°p~Y °i: p; r_;rpp"s~~r.'~r.g-s, .r;~tc;rZv:r " ^r"fYf ,t z 'x..ig.V 'Yrv, xF' uY.~ 'T..o ter t%:: • k--_'€%'v :.k~Y°iYC.ABY Y :Yr~ ya1Y=-c r 71 i1[ ° 7J$ • ° yYyY Y • .y g~Yyp - - Y •}Y P•r " F ce. L~ ~•Y' Yi.Yy4 Y~;Y ~y°YS 4Lir qp Y:Y'•o:, g •Y° iL- >y3. y; $so i•,Yg +i=„u G'._ cy tr;. :Y co Y4 11YY } t. St .3d t' G$? :E<YC". .t. yn .Ssar... .ls fi°:9' WY .r. ~Y,~J~6 6oL aj°'~° ub `d~`u7~g9Yq9sgd : v4~ 0 'e'3 ~ n~P ~ W vu'u p7 `'w~ir 'f gv 8.. I i~ :er.'Ir~•S ~i ~z~i ~ ~i.~ ~ ~x'0j i ~O ~ " ` 34' ~ I 25 i at a : d u , , Y u3 4t!? '~i , I, I"~ s x 'low ._~••f1 1 3 ]1_~N 1 ~,V ~:l' t1 1i #i. 6 Y § Isi 77 jq~ Q I In' I''I - Liz I irI - f1~J Ift'lli u`~2 nL ~f III:Wi ,AILLI tt1 U~~ut-I //I Y- n%/ ~mNDnb . AI_d -WEIa__ = z f f 2 Agenda Information Memo November 6, 2003 Eagan City Council C. ORDINANCE AMENDMENT - CITY OF EAGAN ACTION TO BE CONSIDERED: To Approve (OR deny) an ordinance amendment to Chapter 11 by adding Pawnshop as a permitted use in the Community Shopping Center (CSC) zoning district. FACTS: ➢ The newly adopted Chapter 11 inadvertently omitted pawnshops as a permitted use in the CSC district. The City Attorney's office recommended that this omission be corrected as soon as possible. ➢ At their regular meeting on October 28, 2003, the Advisory Planning Commission held a Public Hearing and recommended approval of the amendment. ➢ Pawnshop operations are licensed businesses in Eagan. The license regulations (attached) found in Chapter 6 of the City Code are very thorough. ATTACHMENTS (2): October 10, 2003 City Attorney Memo alicl draft ordinance, page ~ and 19-5000 Pawnshop licensing regulations, pageI through I"W 3 SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. TO: Mike Ridley, Senior Planner FROM: Sharon K. Hills, City Attorney DATE: October 10, 2003 RE: Ordinance Amendment Enclosed please find a draft ordinance amendment to correct the newly adopted zoning code, which inadvertently omitted pawnshops as a permitted use in a community shopping center district. It is this office's recommendation that this ordinance amendment be approved by the City Council as soon as possible to correct the omission in the new zoning code. In order for this matter to be on the October 28, 2003 Advisory Planning Commission agenda, you will need to have the notice of the hearing published no later than Saturday October 18, 2003 (ten days prior to the hearing). The Council could then consider it at its meeting the following week, November 6, 2003. SKH/jlt cc: Maria Petersen, City Clerk Gene VanOverbeke, Director of Administrative Services ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.60, SUBD. 13(B) REGARDING PERMITTED USES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Eleven, Section 11.60, Subd. 13(B) is hereby amended to add the following provision: 9. Pawnshops. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Petersen By: Pat Geagan Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: 19s~ I. OTHER BUSINESS REGULATION AND LICENSING § 6.45 B. No license shall be granted or renewed for operation on any premises on which real estate taxes, assessments or other financial claims of the city or of the state are due, delinquent, or unpaid. If an action has been commenced pursuant to the provisions of Minn. Stat. ch. 278, questioning the amount or validity of taxes, the council may on application by the licensee waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one year after becoming due unless such one-year period is extended through no fault of the licensee. Subd. 9. Conditions of licenses. A. Records. Every licensee, at the time of receipt of an article deposited, left, sold, purchased, pledged or pawned, shall immediately and legibly record, in English, in ink, or other indelible medium, or by computerized or electronic record, including the storage thereof on backup disk or other electronic storage medium, in accordance with the standards and procedures approved by the chief of police, the following informa- tion: 1. An accurate description of the article, in English, and any numbers written, stamped, impressed or engraved thereon, together with the name of the manu- facturer and model if indicated on the article; 2. The amount of money loaned upon or pledged therefor; 3. The date, time and place of receipt of the item; 4. The full name, residence address, date of birth and reasonably accurate descrip- tion of the person, including approximate height, sex and race from whom the items were received; 5. The identification number and state of issue from one of the following forms of identification of the person from whom the item was received: (a) A valid Minnesota driver's license; (b) A valid Minnesota identification card; or (c) A valid photo identification issued by another state or a province of Canada and one form of identification. 6. The maturity date of the pawn transaction and the amount due; and 7. The monthly and annual interest rates, including all pawn fees and charges. B. Disposition of articles. When any article is sold or disposed of by the licensee, the records shall contain an account of such sale with the date thereof, interest and charges accrued, the amount for which the article was sold and identification of the person to whom sold as specified in subdivision 9, subparagraph A, hereof. C. Inspection of records. The records referred to in this section shall be open to the inspection of the city police officers at all reasonable times and shall be retained by the licensee for at least four years. Supp. No. 4 C136:31 § 6.45 EAGAN CODE D. Pawn receipt. Every licensee shall deliver to the person pawning, pledging, selling, leaving or depositing any articles a pawn receipt with a certificate numbered to correspond with the entry in the licensee's records. The pawn receipt shall contain the same information the pawnbroker is required to record under this subdivision, in addition to the following statement: "Any personal property pledged to a pawnbroker within this state is subject to sale or disposal when there has been no payment made on the account for a period of not less than 60 days past the date of the pawn transaction, renewal or extension; no further notice is necessary. There is no obligation for the pledgor to redeem pledged goods. The pledgor of this item attests that it is not stolen, that it has no liens or encumbrances against it, and the pledgor has the right to sell or pawn the item. This item is redeemable only by the pledgor to whom the receipt was issued, or any person identified in a written and notarized authorization to redeem the property identified in the receipt, or a person identified in writing by the pledgor at the time of the initial transaction and signed by the pledgor. Written authorization for release of property of persons other than the original pledgor must be maintained along with the original transaction record." The person pawning, pledging, selling, depositing or leaving any article shall sign the pawn receipt and receive an exact copy thereof from the licensee. E. Reports to police. 1. Each licensee shall prepare and deliver to the chief of police, every day before 12:00 noon, on forms prescribed by the city clerk, a legible, correct and complete copy from the records hereinbefore required and a true and correct account of all personal property or other valuables received, deposited, purchased, pledged, pawned, sold or otherwise disposed of during the preceding day. The report and description shall be signed and delivered, in person, by the person making the report to the chief of police unless otherwise directed, in writing, by the chief of police. 2. Automated pawn system reporting. Upon connection to a multiple jurisdiction computerized/automated pawn data reporting system (APS) by the police depart- ment, the licensee shall provide all information required for pawn, secondhand goods or precious metal transaction records in subdivision 9, subparagraph A, hereof, in accordance with this subparagraph in lieu of the reporting require- ments in subparagraph (1) herein. The licensee shall submit all transaction record data required under subdivision 9, subparagraph A, via computerized transmission in accordance with the standards and procedures established by the chief of police for purposes of implementing and utilizing an APS. All required transaction record data shall be transmitted at the close of each business day. In the event the APS central server or the licensee's system is temporarily inoper- Supp. No. 4 CD6:32 /97 OTHER BUSINESS REGULATION AND LICENSING § 6.45 able, the licensee shall provide its transaction record data to the police depart- ment as required in subparagraph (1) herein and shall provide the same to the APS central server as reasonably practical upon the system becoming operable. The licensee shall display a sign of sufficient size and in a location which makes it visible to all patrons which informs all patrons that all transactions are reported to the police department. The licensee shall be charged monthly for each transaction record transmitted through the APS at the rate set by city council resolution. The licensee shall pay the charges by the due date shown on the billing. Any charges unpaid at the close of business on the due date shall be deemed delinquent and the licensee shall be charged interest at the rate of 1.5 percent per month on all delinquent charges. Interest charges shall be added to, or become a part of, the delinquent balances. Whenever any charges are more than 30 days delinquent, the city may suspend the licensee's license until all delinquent charges are paid in full. F. Exceptions to reports. No person shall be required to furnish descriptions of any property purchased from manufacturers and wholesale dealers having an established place of business or of any goods purchased at an open sale from any bankrupt stock or from any other person doing business and having an established place of business. Any goods referred to in this section must be accompanied by a bill of sale or other evidence of open or legitimate purchase and must be shown to the police department when demanded. G. One-hundred-twenty-day redemption period. Any person pledging, pawning or depos- iting an article for security shall have a minimum of 120 days from the date when the loan or pledge becomes due and payable to redeem the article before the article becomes forfeitable. H. Minimum period before redemption or sale. No personal property on deposit with any licensee nor property purchased by or sold to or in any other ways coming into the possession and under the control of any licensee in the due course of business shall be permitted to be redeemed from the place of business of the licensee for a period of 72 hours, nor shall the property be sold within 60 days of the pawn transaction. I. Police restrictions on sale. Whenever the chief of police shall notify any licensee not to sell or permit to be redeemed any articles received on deposit or purchased by the licensee, the articles shall not be permitted to be redeemed or sold until such time as may be determined by the chief of police. Such time shall in no case exceed the period of six months from the date of such notification. J. Payment by check. Payment by licensee for any article deposited, left, purchased, pledged or pawned shall be made only by a check, draft or other negotiable or nonnegotiable instrument or order of withdrawal which is drawn against funds held by a financial institution. K. Posting license. All licensees shall post their licenses, in a conspicuous place, in the licensed premises near the licensed activity. Supp. No. 4 CD6:33 /96Y § 6.45 EAGAN CODE C L. Responsibility of licensees. The conduct of agents or employees of a licensee, while engaged in performance of their duties for their principal or employer under such license, shall be deemed the conduct of the licensee. M. Penalty for property owner. It is unlawful for any person who owns or controls any real property to knowingly permit it to be used for pawnbroking without a license required by this chapter. Subd. 10. Restricted hours of operation, minors. A. No licensee shall be open for the transaction of business on any day of the week before 7:00 a.m. or after 10:00 p.m. B. No licensee shall purchase or receive personal property, of any nature, on deposit or pledge from any minor. Subd. 11. Inspection. v A. Stolen goods. Any licensee shall, at all reasonable times during the term of the license, allow any city police officer to enter or inspect the premises, where the licensee is carrying on business, and all records pertinent to the operation of the business for the purpose of locating goods suspected or alleged to have been stolen. No licensee shall conceal any article in his possession from any city police officer. B. Inspection by claimed owner. All goods, wares or merchandise coming into the possession of any licensee, under the terms hereof, shall at all reasonable times be open to inspection and right of examination of any person claiming to have been the owner thereof or claiming to have had any interest therein when such person is accompanied by the city police officer. Subd. 12. Corporations, partnerships or associations. A. Licenses issued to corporations shall be valid only so long as there is no change in the officers or ownership interest of the corporation unless such change is approved by the council, in which event said license shall continue in force until the end of the then-current license year. B. Licenses issued to associations or partnerships shall be valid only so long as there is no change in the partnership or association agreement or in the ownership of said partnership or association unless such change is approved by the council, in which event said license shall continue in force until the end of the then-current license year. C. Corporations, partnerships or associations shall submit written notice to the city clerk of any such changes described herein on or before 60 days prior to the effective date of any such change and pay any fee required by section 6.04 for an amendment to the license. In the case of a corporation, the licensee shall submit written notice to the city clerk when a person not listed in the initial application will be acquiring an interest and shall give all information about said person as is required of a person pursuant to the provisions of this chapter. Sapp. No. 4 CD6934 AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER NOVEMBER 6, 2003 1. CALL TO ORDER II. ADOPT AGENDA 020 Ill. APPROVE MINUTES IV. OLD BUSINESS 5 A. Resolution Approving Amended and Restated Development Agreement Relating to Tax Increment Financing District No.1 V Between the Eagan Economic Development Authority and U.S. Home Corporation - Continue to November 18, 2003 V. NEW BUSINESS e2oiA. Approve Resolution to Call the 2000 EDA Bonds B. Provide Direction Regarding Possible Voluntary Sales of Property to the EDA in the Nicols Ridge Subdivision Area VI. OTHER BUSINESS A. SCHEDULE Special Economic Development Authority meeting for November 18, 2003 VII. ADJOURNMENT a0-0 Agenda Information Memo November 7, 2003 Eagan Economic Development Authority Meeting 1. CALL TO ORDER ACTION TO BE CONSIDERED: To recess the regular City Council meeting and convene a meeting of the Economic Development Authority. II. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the agenda as presented or modified. 111. APPROVE MINUTES ACTION TO BE CONSIDERED: To adopt a resolution approving the minutes of the October 21, 2003 EDA meeting as presented or modified. ATTACHMENTS: Enclosed on page is a copy of the minutes of the October 21, 2003 EDA meeting. Enclosed on page o~ y7 is a copy of the resolution approving the minutes of the October 21, 2003 EDA meeting. Do/ MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota October 21, 2003 A meeting of the Eagan Economic Development Authority was held on Tuesday, October 21, 2003 at 7:10 p.m at the Eagan Municipal Center. Present were President Geagan and Commissioners Carlson, Fields, and Maguire. Also present were Executive Director Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty, Administrative Secretary / Deputy Clerk McGarvey. ADOPT AGENDA Commissioner Maguire moved, Commissioner Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Carlson moved, Commissioner Tilley seconded a motion to adopt a resolution approving the minutes of the October 7, 2003 regular EDA meeting as presented. Aye: 5 Nay: 0 OLD BUSINESS AMENDED AND RESTATED DEVELOPMENT AGREEMENT RELATING TO TAX INCREMENT FINANCING DISTRICT NO. 1 BETWEEN THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND U.S. HOME CORPORATION Executive Director Hedges introduced this item regarding requested changes t evelopment Agreement. Community Development Director Hohenstein, Bill Prichart of and Mark Parranto of Delta Homes discussed the modification of the architecture and finish materials from the design and finishes which were included in the Delta approvals, a shift of a small portion of the development from Phase 3 to Phase 2 and an extension of the performance timelines of one year to take into account the delay between the original Delta approvals and the current request for modifications. Commissioner Maguire moved, Commissioner Tilley seconded a motion to approve modifications of the architecture and finishes, phasing and performance timelines for the Nicols Ridge Housing Project according to the presented percentages. Aye: 5 Nay: 0 Commissioner Maguire moved, Commissioner Tilley seconded a motion to continue adoption of a Resolution approving the 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 Commissioner Maguire moved, Commissioner Tilley seconded a motion to adjourn the meeting at 7:40 p.m. Aye: 5 Nay: 0 Date Executive Director aoc). 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. a 0.3 EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING THE MINUTES OF THE OCTOBER 21, 2003 SPECIAL MEETING BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the minutes of the October 21, 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 6th day of November, 2003. Gene VanOverbeke, Secretary/Deputy Executive Director oy Agenda Information Memo November 6, 2003 Eagan Economic Development Authority Meeting IV. OLD BUSINESS A. RESOLUTION APPROVING AMENDED AND RESTATED DEVELOPMENT AGREEMENT RELATING TO TAX INCREMENT FINANCING DISTRICT NO.1 BETWEEN THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND U.S. HOME CORPORATION ACTION TO BE CONSIDERED: To continue adoption of a Resolution Approving The Amended and Restated Development Agreement Relating to Tax Increment Financing District No.1 Between the Eagan Economic Development Authority and U.S. Home Corporation. FACTS: • At the Request of Delta Development, Inc. the EDA has adopted a resolution approving the assignment of the Development Agreement with Delta Development, Inc. ("Delta") relating to Tax Increment Financing District No. 1 in Cedar Grove Redevelopment Project to U.S. Home Corporation, which operates locally as Orrin Thompson Homes. • In addition to the assignment of the development rights and obligations, U.S. Home Corporation has requested changes to the Development Agreement that presented at a Special City Council meeting on September 9, 2003. • At its meeting of October 21, 2003, the EDA approved modifications of the architecture and finish materials from the design and finishes which were included in the Delta approvals, a shift of a small portion of the development from Phase 3 to Phase 2 and an extension of the performance timelines of one year to take into account the delay between the original Delta approvals and the current request for modifications. • U.S. Home has requested that costs associated with acquisitions for subsequent phases of the development be addressed in the current agreements. Under the Delta approvals, those issues were to be addressed when the developer was prepared to move forward on those phases. To address these issues, which primarily relate to the overall cost of acquisition and clearing of properties within the development area, U.S. Home requested and the City Council authorized the preparation of a Phase I environmental review on those properties. U.S Home agreed to pay the costs of the review and that work is ongoing at this time. Agenda Information Memo Page 3 November 6, 2003 Eagan Economic Development Authority Meeting Old Business • The final negotiations regarding the allocation of acquisition and preparation costs between the City and the developer have been on hold until the studies are complete and the likely costs are known. The studies have been received and negotiations regarding the final aspects of the TIF development agreement are in progress, but have not been concluded. • Because negotiations regarding the acquisition and clearance costs are not complete, it is recommended that the Council continue action on the amended and revised agreement. • In addition to the assignment and amendment of agreements, a number of development steps remain prior to construction of the project including satisfaction of Dakota County requirements for remediation of remaining environmental issues and application for and completion of Final Subdivision and Final Planned Development approvals. These can be processed concurrent with the other agreements, but are not complete at this time. ~v~ Agenda Information Memo November 6, 2003 Eagan Economic Development Authority Meeting V. NEW BUSINESS A. APPROVE RESOLUTION TO CALL THE 2000 EDA BONDS ACTION TO BE CONSIDERED: To approve the resolution to call for early retirement the Series 2000 EDA bonds on February 1, 2004. FACTS: • The 2000 EDA bonds were issued to finance a portion of the $7.4 million Central Park property purchase. • In September 2002, the Council approved reserving $2,335,000 of the General Fund fund balance for retirement of these bonds. By subsequent Council action in September 2003, that balance was moved out of the General Fund into the 2000 EDA debt service fund. • The bonds are first callable February 1, 2004. ATTACHMENTS: • Attached on page s a copy of the resolution authorizing the City to call the bonds. av~ RESOLUTION TO PROVIDE FOR THE REDEMPTION OF DEVELOPMENT DISTRICT REVENUE BONDS, SERIES 2000 BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority as follows: 1. This Authority has $2,305,000 in principal amount of outstanding Development District Revenue Bonds, Series 2000 (the "Bonds"), which Bonds may be called for redemption on February 1, 2004. Pursuant to a Loan Agreement between the Authority and the City of Eagan the City has taken action to provide for prepayment of the loan and redemption of the Bonds. 2. The Bonds are called for redemption on February 1, 2004 and the Secretary shall give notice thereof and take such other action as may be necessary to redeem the Bonds from funds to be provided by the City and the reserves for the Bonds. Dated November 6, 2003 City of Eagan By: Its Mayor Attest: Its City Clerk Motion made by: Seconded by: Those in favor: Those against: CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 6ch day of November, 2002. Maria Petersen, City Clerk #;2~ Afto Agenda Information Memo November 6, 2003 Eagan Economic Development Authority Meeting V. NEW BUSINESS B. DIRECTION REGARDING POSSIBLE VOLUNTARY SALES OF PROPERTY TO THE EDA IN THE NICOLS RIDGE SUBDIVISION AREA ACTION TO BE CONSIDERED: To approve authorization for staff to hold discussions regarding possible voluntary sales of property to the EDA in the Nicols Ridge Subdivision area. FACTS: • The City is in the final stages of negotiation with US Home for the development of the Nicols Ridge Subdivision in the Cedar Grove Redevelopment Area. Within those negotiations, the parties will address responsibilities for acquisition of the remaining properties within the Nicols Ridge development boundaries, specifically whether the developer will be responsible to attempt to assemble the land or the City will. • While those discussions are anticipated to move forward quickly, the City has previously received communications from the Eagan Pet Clinic, one of the property owners in the Nicols Ridge development area, indicating that they have secured property to relocate within the City of Eagan, but that they are not able to proceed with their business relocation until their current property has been sold. • Preliminary contacts concerning the City's acquisition of the property were held in the past. Staff is requesting authorization to continue discussions with the clinic's owners at this time to facilitate a possible voluntary sale of the property to the City in anticipation of a future phase of the Nicols Ridge project. • A committee of the City Council and staff are addressing a policy for the acquisition of other properties from willing sellers within the broader redevelopment area. At such time as additional information is available or that policy is ready for consideration, it will be brought forward for action. ATTACHMENTS: • Area map depicting the Eagan Pet Clinic property on page ~D~ s i; r~ o i o - Silver:Bell:Rd % Cedar GrovefRedevelopment Area ate . '4 All 9 1 ti ` e~ e + t jOO> ; Nicol..Ridge tw ' Development ~ ~s low: 1 Eagan Pet Clinic Property 0 325 650 t'3Veet ,Itv of Cagan Cedar Grove Redevelopment Area Nicols Ridge and Eagan Pet Clinic Location Agenda Information Memo November 7, 2003 Eagan Economic Development Authority Meeting VI. OTHER BUSINESS A. SCHEDULE SPECIAL ECONOMIC DEVELOPMENT AUTHORITY MEETING FOR NOVEMBER 18, 2003 ACTION TO BE CONSIDERED: To schedule a special meeting of the Eagan Economic Development Authority on Tuesday, November 18, 2003. VII. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Commission meeting and reconvene the City Council meeting. a~~ $100.00 per license New Renewal CITY OF EAGAN 3820 PILOT KNOB ROAD EAGAN, MN 55122-1897 :ji:a:1j APPLICATI ON FOR LICENSE TO SELL .TOBACCO PRODUCTS Applicant 1 S w S Birthday CYS 31 73 Resident Address 9[l ds kic.,j /7~° e 1 S t7 ✓ ✓jn! SS/l~ f~ street city state zip Business Address 0$3 S dy e Q'4'l 1 a rN AA Aj street city state zip Home Phone 1 ` 9 K ~ - US ~ y Business Phone nZt- Business name in Eagan where tobacco is to be sold J~nii (Alj 2 S r i S Business address in Eagan where tobacco is to be sold Iq g 3 S; ~ ✓ er 3e(( TOBACCO PRODUCTS TO BE SOLD: (Check all that apply) _ Cigarettes, cigars and other smoking tobacco Snuff, plug and other chewing tobacco Clippings, cuttings and sweepings suitable for chewing or smoking Pipes and other tobacco related devices Cigarette papers and wrappers PACKAGING OF TOBACCO PRODUCTS TO BE SOLD: (Check all that apply) Individual pack or can Two or more packs or cans packaged together K Full cartons LOCATION OF TOBACCO PRODUCTS WITHIN BUSINESS: (Check all that apply) Self-service merchandise Over-the-counter Accessible to store clerk only SEPARATE LICENSES SHALL BE ISSUED FOR THE SALE OF TOBACCO PRODUCTS AT EACH FIXED PLACE OF BUSINESS. TOBACCO SALES TO ANY PERSON UNDER THE AGE OF EIGHTEEN (18) YEARS IS UNLAWFUL AND IS GROUND FOR SUSPENSION OR REVOCATION OF LICENSE. I (WE) HEREBY AGREE TO OPERATE SUCH BUSINESS IN ACCORDANCE WITH THE LAWS OF MINNEOSTA AND THE ORDINANCES OF THE CITY OF EAGAN. THE FOREGOING STATEMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWL GE AND BEL F. DATE f0 -3f 'C)3 AUTHORIZED SIGNATURE _ r FOR OFFICE USE ONLY City Council Approval Date Date Issued 4R7 city of eagen PAT GEAGAN October 30, 2003 Mayor Re: Town Centre Area - Trafe Management & Overlay Improvements PEGGY CARLSON Project Completion Celebration CYNDEE FIELDS Dear Task Force Member: MIKE MAGUIRE Town Centre Area Street Improvements Completed MEG TILLEY I'm sure that you all have noticed that on October 1, the new traffic signal at the intersection of Council Members Town Centre Drive and Duckwood Drive became operational. The activation of this signal represented the "on-time" substantial completion of the traffic management and street resurfacing improvements within the Town Centre area. The efforts that you began in the summer of 2002 THOMAS HEDGES have resulted in a very successful final product. City Administrator Numerous Comments on Town Centre Area Improvements Typically, staff receives few if any comments about public improvements. This usually implies a passive acceptance with the final product. This project has definitely been the exception. Not only were very complimentary articles written in both local and regional newspapers, but staff M°°"`Pal Center: has received numerous unsolicited compliments about the final improvements and the related 3830 Pilot Knob Road process. Compliments have come from both Town Centre business representatives and their Eagan, MN 55122-1897 customers. Some have even admitted to having doubts originally about the project prior to construction, only to be won over after experiencing the completed improvements. Phone: 651.675.5000 Fax: 651.675.5012 Celebrating Our Success The city staff, members of the City Council and consultant would like to thank you for the TDD: 651.454.8535 important role that each of you played in the success of this project. We hope that each of you have found satisfaction in the fact that your Task Force recommendations appear to have "hit the bullseye" on the desired results the survey respondents sought. We thought it would be Maintenance Facility: appropriate to celebrate this successful accomplishment with the various team members that made 3501 Coachman Point it happen. For this reason, we would like to invite you to a celebration of this success in the Eagan, MN 55122 Town Centre area. A reception will be held on Monday, November 10, from 4:30 to 6:30 p.m. at the Town Centre Old Chicago. Phone: 651.675.5300 Fax: 651.675.5360 We hope that you can attend this celebration of our collective efforts. Please RSVP at 651-675- 5646 along with any questions or comments. Again, thank you for your considerable TDD: 651.454.8535 contributions to the success of the Town Centre Area. Sincerel C: Mayor and City Council www.cityofeagan.com Tom Hedges, City Administrator Tom Colbert, Public Works Director Stan Lexvold, Construction Manager A r uss Matthys, P.E. Mike Foertsch, Consultant (SEH) City Engineer Gary Otte, McNamara Contracting THE LONE OAK TREE The symbol of strength G. Town Centre, Proj 851/Leucrs'Proj 851-Celebration and growth in our community KAY BUTLER AL MARTINSON PAT THOMAS MCDONALDS CORP BURGER KING EAGAN FLORAL 1351 TOWN CTR DR 1275 TOWN CENTRE DR 1280 TOWN CENTRE DR EAGAN MN 55123 EAGAN MN 55123 EAGAN MN 55123 RICK WALDELAND JOHN HAMM TODD FOSTER WALDELAND JEWELERS 3740 BAYBERRY LN WALMART 1340 DUCKWOOD DR EAGAN MN 55123 1360 TOWN CENTRE DR EAGAN MN 55123 EAGAN MN 55123 LYNETTE MELBOSTAD GERRY MESSLER DEBRA ROBINSON 546 EASTWOOD CT 1523 ASPEN DR 1331 CRESTRIDGE LANE EAGAN MN 55123 EAGAN MN 55122 EAGAN MN 55123 JIM STACKHOUSE ANNETTE KOLB, REALTY MGR 3740 FALCON WAY WAL-MAR H REALTY EAGAN MN 55123 2001 SE 10 ST BENTONVILLE AR 72716-0550 3 8 3 0 Pilot Knob Road Eagan, MN 55122 N n 651-675-5000 CITY OF EAGAN HAULER LICENSING APPLICATION CONSTRUCTION/DEMOLITION DEBRIS JA 5 C, hereby make application for a Refuse/Recycling license for the year 2 UU> . Owner: &s 7 5 L, . A /E r- k I ame Address PAf 6.c~dt+ d,, 4 A M (y 6~6 1 aW -75-Y( 3~~ City State & Zip Telephone I Business Name: A l r.J~5 ~ (k N e Address !S!a -5A -L' c--- ~4q e City State & Z/ip Telephone Municipalities where presently licensed: ~~c v Cl P L 5 LICENSE TYPE: Construction/Demolition Debris Number of trucks r _ Required for haulers or contractors using containers greater than four cubic yards. Name and telephone number of owner is required to be affixed to each container. - Additional requirements outlined in Hauling Ordinance is attached. FEES: $50.00 for first vehicle, plus $25.00 for each additional vehicle. TOTAL NUMBER OF VEHICLES TO OPERATE IN EAGAN: 1 @ $50.00 !56--, o @ $25.00 5 TOTAL ATTACH A LIST CONTAINING THE LICENSE PLATE AND VEHICLE ID FOR EACH VEHICLE BEING LICENSED. Vehicles used in more than one licensing category must fill out a separate application, but pay only one fee per truck. Example: One truck which picks up both residential and commercial recyling needs two licenses, but only one fee. Please note if applicable. OVER THE FOLLOWING MUST BE INCLUDED IN ORDER FOR YOUR APPLICATION TO BE PROCESSED: (All insurance coverage must be effective from January 1 to December 31 of each year.) Motor Vehicle Insurance Date of Expiration Worker's Comp. Insurance Date of Expiration Rate Schedule If your company wishes to operate as either a Commercial/Multiple Dwelling or a Construction/Demolition Debris hauler, a corresponding license must be obtained, and additional fees must be paid if additional trucks are to be used. If you need application forms or-have questions, please call the City at 651-681-4600. Signature of Applicant Date demohaulerlicense/9/02 CITY OF EAGAN 10129 103 11:06 NO.223 02/05 3830 pilot Knob Road Eagaa, MN 55122 65I.675-5000 I' CITY OF,EAGAN I HAULER UCENSXNG APPLICATION , CONSTRVCT£ONMVMOLITION DEBRIS! r ~J ((II rr ~ z, (~'•S i~rli l I V T N by make applieat ioun for a IteefuseJR,xyc ' license f ibc year ao~ - Owner. \.1/ M.~ TiYrCG~ ~fU~lt.l~Cy'1 St ~MGI o~l~ Name Address 0 s N~ -~~L~~ city & zip epho~pue Business Name: p L Name AddmsA City - state l 1 ~`&I Vzip cphome Municipalities whezi preseody licensed: JINIL~p LICENSE TYPE: f Constmcdon/Deuoolition Debris Number of trucks Required for hmggp of c ontrachm using containers than f is yams: Name and telephone n=ber of ow= is requimd to be ed to conta~car. Additional requi=emeuts outlined in Hauling Ordb32D0e 1S hed. FEES: $50.00 far first v►eblole, plus $25.00 for each additional, vehicle. ~ TOTAL NUN MER OF VEMCLES TO OPERA AST AN: @ $50. OTAL ATTACH A LIST CONTAINING T LICENSE PLATE AND VEHIMILZ FOR CH V CLE BEING LICENSED. Vehicles used in more tlnm one lieelssing category must fill out a separate appli ' tyOu, Y only one fee per tuck. Example: One tru& which, picks up botb resideutW and eomnwmial I ylbmg two licenses, but only one fee. Please note if applicable, OVER onn /(,An M YF7.~ CT : AT (7.gP1 S'M7 /R7 /nT CITY OF EAGAN 10/29 103 11:06 NO.223 03/05 . E• . r' ,1, : 1'" .N';4~ • '%~'T,.ri i.:,.rlbi irAli i„ :L. THE 04LOW NG S $E INCLUDED IN ORDER FOR OUR A,P TO BE PROC'+ USED: (A)l ~suml ice coverage must be effective &ow J naJR► D ead . # 1 - t~otoi_V,dl!~c]esacance + WV rktr's Coxes +trwo~ce '7A Dube ' r Ratr Sebedale . , If Y04, coidXp ny, v+ sh s to o e as either it c0MMcrcj*pwjg °t' eon ' uns I~obris ? t~r,' W conhespondi 9 hceole mast be obtained, and additioW fees , be P if tion~ - am to be used. If you need lication fp= or have quwdo%,Rle ~1 1. 6Q0. a 'Al * , , r „ 1. r. • l y.. Irv . JA . • . _ r rte:. , - ~ , . ri. 'T , ,.1 .3:J~, ~'',1 srl:iLia1 7~ Iv.: ._i .r..ai-.. ...:.r. - jj - _ . _ r 1' r , . u.. 2i 1'OYilp'.:w... ~L,:1 ,1..b.nrr•~Ili.~:. ' ri.IS:Wbk•1.1i. _ N :J 'l 1S` r 1 - :1," ,3~~?its'. `1''" : .'1•: :_--„r ~ ~.l.I i Ir,:", . , , . : ~ - r ~ V'?_: .~!.1••Yrr 4.iR,'MTMS~•YNNIb[ ' Ir!/Mr..`.•'• Ir~~S:: WY d:~~"~J'1r,.~C(i4!''Nlp+,.l: y.i ...~w n~c _ 'r. l,. + :IgMt.~W+ti .,.~Y'.WF►y,lyi:iu•1. "~r. eek V 7fir G~ 717 •~:a',i,t:l ~,'srj•': . c• S~ = - - y .'e, •1:, r ' :'~'i•Idli ,vg 7~r 7i r• rte ~~~~~~~fl~~~F~_ ,'f: . ~.~i.f. 1 _..'~:C:iii.:~i:•- .:ril'~"'a{: j" 900/b00 P1 M 9T:9T GaM COOZ/6Z/OT city of eagan POLICE Application for Off Sale Intoxicating Liquor License DEPARTMENT Slvart, Inc. d/b/a Boji Wine and Spirits KENT THERKELSEN Chief of Police Background investigation completed by Detective Doug Matteson, JAMES MCDONALD Eagan Police Department, October 21, 2003. Captain History: RICHARD SWANSON Captain On September 30, 2003, Sivart, Inc. made application to the City of Eagan to possess an off-sale intoxicating liquor license. Sivart, Inc. has entered into a purchase agreement with the current owners of Silver Bell Liquor, 1983 Silver Bell Road. Sivart, Inc. has submitted all of the appropriate applications and supporting documents to the city clerk for consideration. I 3830 Eagan, Pilot MN Knob 55122-Road1897 had an opportunity to review the documents and complete a criminal Eagan, background investigation, focusing on the two officers of Sivart, Inc. The Phone: 6 700 results of the investigation follow. Fax: GSI.67575.5 .570 7 TDD: 651.454.8535 www.cityofeagan.com Investigation: Sivart, Inc. is an S-Corporation, based in Minnesota. The corporate officers are Travis William Simpson, date of birth 8-31-1973 of 916 Ashland Ave PAT GEAGAN #8, St. Paul, MN and his mother, Susan Margo Simpson, date of birth 12-25- Mayor 1949 of 1200 Lighthouse Drive, Wahpeton, IA, 51351. This corporation was created to protect the interests and secure the purchase of Silver Bell PEGGY CARLSON Liquor from Balbir Shoker, the current owner of Silver Bell Liquor. Susan CYNDEE FIELDS Simpson and Travis Simpson are equal owners of the corporation. I spoke MIKE MAGUIRE with Mrs. Simpson and learned that she has placed $130,000 of her money MEG TILLEY into the corporation, and Travis Simpson has invested $10,000. Mrs. Council Members Simpson added that she will remain an officer in the corporation until Travis THOMAS HEDGES has repaid his debt to her, and he will then become the sole owner. Mrs. City Administrator Simpson advised me that she and her husband Roger have recently sold a trucking company in Spencer, IA that they had owned for years. They still own a trucking terminal in Spencer that they lease and receive income from, however. THE LONE OAKTREE The symbol of strength I learned that Travis will handle the daily operations of the store, but that and growth in our Mrs. Simpson will be at the store weekly to assist him with the accounting. I community met with Travis and learned the following from a two hour interview. He grew up in the Spencer/Spirit Lake Iowa area and finished high school there. From high school, he went to Mankato State University and received a Po-t • Page 2 degree in Recreation and Parks. He told me that the jobs to fit the degree program were scarce and he has continued working miscellaneous jobs since. Travis did work at the Southwest area YMCA in Eagan for two years as a Day Camp Site Director during the summer months and during the school year, he was the On Site Director for the SAC program at Woodland Elementary School. I did speak with Eric Landcrete at the SW area YMCA, who was Travis' direct supervisor. Mr. Landcrete spoke very highly of Travis and told me that Travis serperated his employment with the YMCA so he could further his business ventures. Travis has held other jobs, primarily in retail sales, including approximately four years of liquor store experience. Travis is currently living with his girlfriend, Lisa Dianne Newman dob 7-2-75 in St. Paul. Ms. Newman is a teacher at Sioux Trial Elementary School in Burnsville. Travis told me that she will be working at the store, primarily during the evenings and weekends. During this investigation, I found no bankruptcies or other civil judgments against Mrs. Simpson or Travis Simpson. Mrs. Simpson does not have a criminal record. I did locate an arrest and conviction for Travis Simpson from the Spirit Lake Police Department in 1993. The conviction was for underage possession of alcohol and possession of a controlled substance. He did pay a small fine for this and was ordered community service. I did spent time in Spirit Lake and the surrounding area, and learned of only the above- mentioned arrest. I could not locate any calls for service to his known addresses or Mrs. Simpson's home address. The police department in Spirit Lake is not familiar with them, nor is the Sheriff of Dickinson County. I did speak to Travis about the arrest and he told me that he was stopped for a traffic violation and was found to be in possession of a small amount of marijuana and beer when he was 19 years old. He guaranteed me that this was an "eye opener" for him and a one-time incident during his early college years. Conclusion Based on my investigation, including the data provided and other information uncovered in this investigation, I find no reason to deny the applicant a license for Off Sale Intoxicating Liquor. I did spend time with Travis Simpson detailing the Eagan Police Department policy on the enforcement of liquor establishments, insisting that compliance with state laws and city ordinances are paramount. He added that he is very much aware of the consequences of non-compliance. Minnesota Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION., 444 Cedar St., Suite 133, St. Paul, MN 55101-5133 (651) 296-6979 FAX (651)297-5259 TTY(651)282-6555 W W W.DPS.STATE..MN.US APPLICATION FOR OFF SALE INTOXICATING LIQUOR LICENSE No license will be approved or released until the $20 Retailer ID Card fee is received Workers compensation insurance company. Name Policy # Licensee's MN Sales and Use Tax ID # To apply for a MN sales and use tax ID call (651) 296-6181 Licensee's Federal Tax ID # If a corporation, an officer shall execute this a lication If a partnership, a artner shall execute this application. Licensee Name (Individual, Corporation, Partnership, LLC) Social Security # Trade Name or DBA U-) "Y\e C f I? t 1 I _ License Location (Street Address & 1Block No.) License Period Applicant's Home Phone # D S3 Ss (V e r 1Z C C C( From To &-S-/ - 9 V City County State Zip Code c, r IJc.~ o IvI N 55 1,;', Name of Store Manager Business Phone Number DOB (Individual Applicant) ~1v~ ~t 11lnrvl tip, O (1 no n e ~8 3 ~9 7 If a corporation or LLC state name, date of birth, Social Security # address, title, and shares held by each officer. If a partnership, state names, address and date of birth of each partner. u~ ~t y 01 Partner Officer (First, middle, last) DOB SS# Title Shares Address, City, State, Zip Cod 1 ~5 3oi g, x lyyyst^.,.~~~3 S~sG ~1. Pa S" 250Y-) 1 a5-l9y `P 5-0 -SS8£a f 6~ ,5,ele 70 U<.r aj5-ep~ <<h a~ Partner Officer' (First, middle, last) DOB SS# itle i I Shares Address, City, State, Zip Code 1351 S~,PwI 1J1 SS►Gy (`UvlS W . J r~+ orb 31 /y7 ~qI v 0"a- %c1FJ1? S o %P)Ldke. Partner Officer (First, middle, last) DOB SS# itle Shares Address, City, State, Zip Code Partner Officer (First, middle, last) DOB SS# itle Shares Address, City, State, Zip Code 1. If a corlation, date of incorporation , state incorporated in tv\,i , amount paid in capital &S, 000 . If a subsidiary of any other corporation, so state A and give purpose of corporation . if incorporated under 6e laws of another state, is corporation authorized to do business in the state of Minnesota? ❑ Yes ❑ No 2. Describe reises to which license applies; such as (first floor, second floor, basement, etc.) or if entire building, so state. hi r S tIC`0(~ ~1 i0 rV1G.,` 3. Is establishment located near any state university, state hospital, training school, reformatory or prison? ❑Yes XNo If yes state approximate distance. 4. Name and address of building owner: C 'y ke, 1,1yeS~r~~n~ L4ol. 73D1 Ohw)$ ipne :ti 39~') rta~ M-v 5a3q' Has owner~ building any connection, directly or indirectly, ith applicant? es V o 5. Is applicant or any of the associates in this application, a member of the governing body of the municipality in which this license is to be issued? ❑ Yes ;9 No If yes, in what capacity? 6. State whether any person other than applicants has any right, title or interest in the furniture, fixtures or equipment for which license is applied and if so, give name and details. 7. Have applicants any interest whatsoever, directly or indirectly, in any other liquor establishment in the state of Minnesota? ❑ Yes %No If yes, give name and address of establishment. b. P.re the premises now occupiea or to oe occupiea oy ine appucant ennreiy separate ana exclusive rrom any otner uusmess establishment? es No 9. State whether applicant has or will be granted, an On sale Liquor License in conjunction with this Off Sale Liquor License and for the same premises. Yes ICI Will be granted 10. State whether applicant has or will be granted a Sunday On Sale Liquor License in conjunction with the regular On Sale Liquor License. Yes &1 Will be granted 11. If this application is for a County Board Off Sale License, state the distance in miles to the nearest municipality. 12. State Number of Employees 3 13. If this license is being issued by a County Board, has a public hearing been held as per MN Statute 340A.405 sub2(d)? r~ 14. If this license is being issued by a County Board, is it located in an organized township? If so, attach township approval. 1. State whether applicant or any of the associates in this application, have ever had an application for a liquor license rejected by any municipality or state authority; if so, give dates and details. NO r\e- 2. Ha&the applicantor anyof the associates.in this application, during the five years immediately preceding this application ever had a license under the Minnesota Liquor Control Act revoked for any violation of such laws or local ordinances; if so, give dates and details. O 3. Has applicant, partners, officer r employees ever had any liquor law violations in Minnesota or elsewhere, including State Liquor Control penalties? Yes &I If yes, give dates, charges and final outcome. 4. During the ast license year, has a summons been issued under the Liquor Civil Liability Law (Dram Shop) M.S. 340A.802. Yes ~I If yes, attach a copy of the summons. This licensee must have one of the following: (ATTACH CERTIFICATE OF INSURANCE TO THIS FORM.) Check one Liquor Liability Insurance (Dram Shop) - $50,000 per person, $100,000 more than one person; $10,000 property i, destruction; $50,000 and $100.000 for loss of means of support. or B. A surety bond from a surety company with minimum coverage as specified in A. or C. A certificate from the State Treasurer that the licensee has deposited with the state, trust funds having market value of $100,000 or $100,000 in cash or securities. ce r that I Have read e above ues ins an a the answers are rue an correct o m own knowledge, Print name o applicant & title J Signature o Ap scant Date frt~J15 ~trn oI1 0 i~P"C~S~G~F1~ g--d REPORT BY POLIC HERIFF'S D PA TMENT This is to certify that the applicant and the associates named herein have not been convicted within the past five years for any violation of laws of the State of Minnesota or municipal ordinances relating to intoxicating liquor except as follows: GK- H.'/, J vvv-~ Police/Sheriffs Department NA°1TF~5 Title Signature PS 9136-(2003) County Attorney's Signature IMPORTANT NOTICE All retail liquor licensees must have a current Federal Special Occupational Stamp. This stamp is issued by the Bureau of Alcohol, Tobacco, and Firearms. For information call (651)726-0220