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12/01/2003 - City Council RegularAGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING DECEMBER 1, 2003 6:30 P.M. nn I. ROLL CALL AND PLEDGE OF ALLEGIANCE . . II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS A. Official Recognition of Newly Appointed Fire Chief - Bob Kriha W. CONSENT AGENDA T, 3 A. APPROVE MINUTES 9 B. PERSONNEL ITEMS f p i3 C. CHECK REGISTERS 14 D. ACKNOWLEDGE Resignation of Eagan Airport Relations Commission Member Michael Cook effective January 1, 2004 Ito E. APPROVE Disposal of Obsolete Monitors 17 F. APPROVE Renewals of Existing Liquor Licenses for 2004 P g? G. APPROVE Corrective Plat - Cedar Grove Parkway Addition >? a3 H. ADOPT Findings of Fact for Denial - Wagner Variance ) a9 I. APPROVE Submission of a State Historic Preservation Office (SHPO) Preliminary Evaluation for Holz J. Farm RECEIVE Feasibility Report and Schedule Public Hearing for Project 894 (Coachman Land Company, Century Pointe & Donald Court - Street Overlay) 31 K. ? RECEIVE Petition to Vacate Public Drainage and Utility Easement - Lot 2, Block 1 Poppler Homestead ? No. 2 P 35 L. APPROVE the appointment of Water Resources Coordinator Eric Macbeth to the Black Dog Watershed Management Organization as Eagan's delegate for a three-year term effective January 1, 2004. V. PUBLIC HEARINGS P. 31P A. 2004 PROPOSED BUDGET AND TAX LEVY - TRUTH IN TAXATION 1 9.,57 B. VARIANCE - CITY OF EAGAN - A Variance request to the parking setback and sign setback due to road improvements on Lot 1, Block 1, Town Centre 70th Sixth Addition, located at 1399 Town Centre Drive in the NW '/4 of Section 15. P.?3 C. PROJECT 896, Lakeside Estates - Street Improvements ?(pl} D. PROJECT 897, Wilderness Park 2nd & 3rd Additions - Street Improvements E. EASEMENT VACATION - Vacate Public Drainage and Utility Easement (Lots 18 & 19, Block 1, P- 1 Murphy Farms 3`d Addition) P q F. RIGHT OF WAY VACATION -Yankee Drive VI. OLD BUSINESS A. RECONSIDERATION OF VARIANCE - DUANE OLSON - Reconsideration of a Variance request to allow a 6.5 foot fence in the front yard at 1250 Cliff Road in the NE 1/4 of Section 34. B. RECEIVE Bids and Award Sale of $2,040,000 General Obligation Refunding Bonds, Series 2004A VII. NEW BUSINESS A. CONDITIONAL USE PERMIT - CROSSTOWN SIGN, INC. A Conditional Use Permit to relocate and increase the height of a pylon sign on Lot 1, Block 1, S&W Industrial Acres, located at 4025 Old Sibley Memorial Highway in the SW '/4 of Section 19. P I (p B. CONDITIONAL USE PERMIT & VARIANCE - CEDARVALE BUSINESS CENTER - A Conditional DD Use Permit for a pylon sign and a Variance to the setback, located at 3902-3938 Cedar Grove parkway in the NE 1/4 of Section 19. • N C. WAIVER OF SUBDIVISION - AARBOR HOMES, INC. A Waiver of Subdivision to move the property line between Lots 18 and 19, Block 1, Murphy Farm 3d Addition, located at 1623 and 1627 Harbour Point in the NW '/< of Section 21. Is 0-\ D. CONDITIONAL USE PERMIT - CITY OF EAGAN - A Conditional Use Permit to allow a wall in excess of eight feet and no greater than 10 feet, located on Northern Natural Gas property at 3409 Coachman Road in the NW '/< of Section 16. P I( E. ORDINANCE AMENDMENT - Chapter 10, Section 10.11, of the Eagan City Code Entitled Dog and Cat Regulation and Dog Licensing. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ADMINISTRATIVE AGENDA ?, Wq X. ECONOMIC DEVELOPMENT AUTHORITY XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. ADJOURNMENT XIII. 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. city of eagan MEMO MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 28, 2003 SUBJECT: AGENDA INFORMATION FOR DECEMBER 1, 2003 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the December 1, 2003 City Council agenda, the following items are in order for consideration. Agenda Information Memo December 1, 2003 Eagan City Council Meeting RECOGNITIONS AND PRESENTATIONS A. OFFICIAL RECOGNITION OF NEWLY APPOINTED FIRE CHIEF - BOB KRIHA This is a time of celebration and acknowledgment for the leadership in our Fire Department. A time of celebration as we recognize the pinning of the Fire Chief badge on Bob Kriha who takes office as Eagan's Fire Chief on Wednesday, December 3, and for Craig Jensen who completed eight (8) years as Eagan's Fire Chief. The Eagan Fire Department Honor Guard, lead by Dave Hammer, would like to participate in Monday's ceremony. The Honor Guard would present the United States, Minnesota and Eagan Fire Department flags, followed by the Pledge of Allegiance and they would then march out of the Council Chambers. The volunteers that participate in the Honor Guard perform for a number of events and it is an honor to have them participating in the opening of the City Council meeting and Bob Kriha's Oath of Office. Mayor Geagan, on behalf of the City Council, will assist in the swearing in ceremony for Bob Kriha and provide an acknowledgment of Craig Jensen for his 8-year's of service as Chief. The City Administrator and both Fire Chief Jensen and Fire Chief Appointee Kriha will be meeting on Tuesday, December 2 to review some of the final detail of the transition. Agenda Information Memo December 1, 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 November 18, 2003 regular City Council meeting, as presented or modified. ATTACHMENTS: • utes of the November 18, 2003 regular City Council meeting are enclosed on pages through__. 13 MINUTES OF A REGULAR MEETING OF THE DRA EAGAN CITY COUNCIL Eagan, Minnesota November 18, 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 Thursday, November 18, 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, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira McGarvey. AGENDA Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the agenda. Aye: 5 Nay: 0 CONSENT AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the November 6, 2003 regular City Council meeting, the November 12, 2003 special City Council meeting, the minutes of the October 28, 2003 special City Council meeting and the minutes of the October 27, 2003 City Council Retreat as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Andy Keykal as a part-time Manager-on-Duty at the Community Center. 2. It was recommended to approve the addition of medicines and drugs purchased by an employee without a physician's prescription ("Over the Counter") to expenses allowed for reimbursement under the City's Flex Spending Plan. C. Check Registers. It was recommended to ratify the check registers dated November 6, 2003 and November 13, 2003 as presented. D. CIP Part II. It was recommended to approve Part II (Vehicles and Equipment) of the 2004 - 2008 Capital Improvement Program (CIP) subject to additional information being provided on three specific vehicles before orders for any of them are placed. E. Ordinance Amendment. It was recommended to direct the City Attorney's office to prepare an ordinance amendment to Chapter 10, Section 10.11 entitled dog and cat regulation and dog licensing. F. Liquor Licenses. It was recommended to approve a change in management at Joe Senser's located at 3010 Eagandale Place; a change in management at Holiday Stationstore #247 located at 3615 Pilot Knob Road an Noodles & Company located at 1340 Town Centre Drive. G. Tree Contractor License. It was recommended to approve a Tree Contractor License for Miller Tree Service. H. Project 895. It was recommended to receive the Draft Feasibility Report for Project 895 (Lake Park Shores and Thomas Lake Additions - Street Improvements) and schedule a public hearing to be held on December 16, 2003 I. Project 898. It was recommended to receive the Draft Feasibility Report for Project 898 (Terminal Drive - Street Improvements) and schedule a public hearing to be held on December 16, 2003. J. Final Plat. It was recommended to approve a Final Plat (Eagan Central Park) to create one lot on approximately sixty acres located north of Central Parkway and west of Pilot Knob Road in the E V2 of Section 9 and authorize the Mayor and City Clerk to execute all related documents. K. Contract 03-01. It was recommended to approve Change Order No. 2 to Contract 03-01 (Town Centre Area - Street & Access Management improvements) and authorize the Mayor and City Clerk to execute all related documents. 4 Eagan City Council Meeting Minutes November 18, 2003 Page 2 DRAFT L. Final Subdivision. It was recommended to approve a Final Subdivision (Whispering Woods 13th Addition) to create 8 lots on 3.66 acres on property legally described as Outlot C, Whispering Woods 11th Addition, located south of Whispering Way and west of Slater Road in the SW 1/4 of Section 31; subject to the conditions listed in the development contract. M. Final Subdivision and Final Planned Development. It was recommended to approve a Final Subdivision (Wentworth Park) and Final Planned Development to create 8 lots on 2.82 acres on property and seven town offices legally described as Outlot A, Prairie Oaks, located south of Cliff on Slater Road west of TH 77 in the NW '/< of Section 31; subject to the conditions listed in the August 19, 2003 City Council minutes. N. Ordinance Amendment. It was recommended to authorize staff to work with the Advisory Planning Commission (APC) to prepare an Ordinance Amendment to regulate window signage on commercial and industrial buildings. 0. License Agreement - City of Eagan. It was recommended to approve a License Agreement between the City and Keystone Communities to allow the installation of a marketing facility upon City-owned property (Lot 6, Block 1, Langhoven located adjacent to the Keystone development site. P. Contract 03-09. It was recommended to approve an Investment Retainage Agreement for Contract 03-09 (Water Treatment Plant Expansion) and authorize the Mayor and City Clerk to execute all related documents. Q. Change Order. It was recommended to approve change order number 15 to the Eagan Community Center and Bandshell in the Total amount of $5,667.00. R. Advisory Commission Terms. It was recommended to approve the 4 month extension of the advisory commission members' terms that are scheduled to expire on December 31, 2003 by extending the terms to April 30, 2004. S. Extension for Recording Plat. It was recommended to approve a 90-day extension of time to record the final plat for Natures Preserve, located south of Yankee Doodle Road and east of Coachman Road in the NW '/< of Section 16. T. Extension for Recording Plat. It was recommended to approve a 90-day extension of time to record the final plat for Piney Wood, located south of Cliff road and east of Dodd Road in the NW '/4 of Section 36. PUBLIC HEARINGS DIRECT PREPARATION OF ORDINANCE AMENDMENT, CHAPTER 5, WINE, BEER AND LIQUOR LICENSING AND REGULATION City Administrator Hedges discussed this item regarding an ordinance amendment related to potential increases in liquor license fees. Director of Administrative Services VanOverbeke explained the tiered system for on-sale liquor licenses currently used by Apple Valley. Chief of Police Therkelsen discussed background investigation costs for liquor licenses. Mayor Geagan opened the public hearing. Gary Starks, Starks Saloon, and Jamal Ansari of the Mediterranean Cafe expressed their support for the tiered system for license fees. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Mayor Geagan seconded a motion to approve an ordinance amendment to Chapter 5, entitled wine, beer and liquor licensing and regulation regarding liquor license fees as modified to include a tiered on-sale intoxicating liquor license fee. Aye: 5 Nay: 0 VARIANCE - JAMES COOPER - 1835 DIFFLEY ROAD City Administrator Hedges introduced this item regarding a request for a variance from the required 10 foot setback for the construction of a monument sign on property located at 1835 Diffley Road. City Planner Ridley gave a staff report. Eagan City Council Meeting Minutes November 18, 2003 DRAFj Page 3 Jim Cooper, applicant, discussed the proposed signage. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a 10 foot Variance from the required 10 foot setback for the construction of a monument sign on property located at 1835 Diffley Road (Lots 6 and 7, Block 1, Blackhawk Plaza) in the SE '/ of Section 20. Aye: 5 Nay: 0 OLD BUSINESS GARAGE VARIANCES AT 1745 SARTELL AVENUE - TODD WAGNER City Administrator Hedges discussed this item regarding variances to allow the proposed attached accessory structure to exceed the size of the house by 280 square feet and to allow the proposed garage walls to exceed 10 feet in height, located at 1745 Sartell Avenue. This item was continued from the November 6`s Council meeting to allow the applicant time to work with City staff. City Planner Ridley provided background information, along with a graphic of the proposed accessory structure. Community Director Hohenstein discussed suggested modifications to the proposed plan. Todd Wagner, applicant, recapped the events prior to this meeting regarding the building permit process which included the City of Eagan incorrectly issuing a building permit, the work already completed and the expenses incurred. He also discussed potential expenses that would be incurred should the variance be denied. Three neighboring property owners expressed their opposition to the variance. Councilmembers expressed their disappointment that downsizing of the proposed structure was not considered by the applicant. It was the consensus of the Council that the situation Mr. Wagner is in is unfortunate, but the issuance of the variance would be inappropriate. They suggested that Mr. Wagner contact staff for further assistance. Councilmember Maguire moved, Mayor Geagan seconded a motion to direct findings of fact to deny a variance to allow the proposed attached accessory structure to exceed the size of the house by 280 square feet, located at 1745 Sartell Avenue, to be considered at the December 1, 2003 City Council meeting. Aye: 5 Nay: 0 Councilmember Maguire moved, Councilmember Tilley seconded a motion to direct findings of fact for denial of a Variance to allow the proposed garage walls to exceed 10 feet in height, located at 1745 Sartell Avenue, to be considered at the December 1, 2003 City Council meeting. Aye: 5 Nay: 0 VARIANCE - DUANE OLSON City Administrator Hedges stated that this item should be continued to allow time for proper notification of surrounding property owners. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a variance from the required maximum height of 42 inches to construct a 6-foot fence in a front yard on property located at 1250 Cliff Road to the December 1, 2003 City Council meeting. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT - MWP INVESTORS, INC. City Administrator Hedges discussed this item regarding a Planned Development Amendment to allow a currency exchange facility at 1970 Rahncliff Road which was continued from the November 6`h Council meeting. City Planner Ridley gave an update regarding information gathered by the Eagan Police Department indicating a restriction of window signage to no more than 50% of any window being to be the general rule of thumb. Eagan City Council Meeting Minutes DRAFT November 18, 2003 Page 4 The applicant stated that she would comply with any signage regulations. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow a currency exchange facility at 1970 Rahncliff Road, legally described as, in the NW '/4 of Section 32, subject to the following conditions: Aye: 5 Nay: 0 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. 10. Building signage shall be subject to City Sign Code standards and similar in design with the other tenant signage on the building. 11. Window signage coverage shall not exceed 50% of any window surface. ORDINANCE AMENDMENT - CITY CODE, CHAPTER 6.37 City Administrator Hedges discussed this item regarding an ordinance amendment to City Code, Chapter 6.37 - Garbage, Refuse, and Recycling Haulers to allow bi-weekly residential/multi-family dwelling recycling. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve an ordinance amendment to City Code, Chapter 6.37 regarding Garbage, Refuse, and Recycling Haulers - to allow bi-weekly residential/multifamily dwelling recycling. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA Direction was given to staff regarding the mailing list for an item regarding JP-47 to be on the December 8, 2003 City Council agenda. Councilmember Carlson moved, Councilmember Fields seconded a motion to recess the City Council meeting and immediately convene a meeting of the Economic Development Authority at 7:55 p.m. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Maguire seconded a motion to reconvene the City Council meeting at 7:58 p.m. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes November 18, 2003 O Q Page 5 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 8:00 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. 9 Agenda Information Memo December 1, 2003 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Part-time Seasonal Ice Supervisors/Civic Arena-- ACTION TO BE CONSIDERED: To approve the hiring of Torey Flategraff and Ryan Conley as part-time seasonal ice supervisors at the Civic Arena. Item 2. Part-time Seasonal Skate Guards/Civic Arena-- ACTION TO BE CONSIDERED: To approve the hiring of Brian Polkowski, Bill Osborne, Noah Lundberg, Amanda Hanson, Nick Ortloff, Breanna Mason, Dave Varpness, Jacob Knight, Kyle Nelson, Kyle Punton, Travis Knops and Jeremy Frost as part-time seasonal skate guards at the Civic Arena. Item 3. Part-time Seasonal Concessions Workers/Civic Arena-- ACTION TO BE CONSIDERED: To approve the hiring of Rachel Carlin, Denise Hall, Lindsey Taylor, Ashley Germond, Megan Hamling, Lisa Stolberg, Leah Johnson, Amanda Barse and Tania Shell as part-time seasonal concessions workers at the Civic Arena. Item 4. Temporary Rental Coordinator ACTION TO BE CONSIDERED: To approve the hiring of Rebecca Kruger as the Temporary Rental Coordinator for the Community Center. FACTS: The regular Rental Coordinator is scheduled for an approximately 12 week leave sometime early next year. Due to the length of the leave, it is necessary to hire a temporary employee to perform the duties of this position. The temporary position is included in the Community Center's 2004 budget/ Item 5. Commanders/Fire Stations 4 & 5 ACTION TO BE CONSIDERED: To approve the appointment of Rod Landgrebe as Commander of Fire Station #4 and of Kevin Sorensen as Commander of Fire Station #5. 9 FACTS: As required by the Fire Department's Bylaws and Constitution, the appointment processes to recommend to the City Council persons to be appointed as commanders of stations 4 & 5 were recently completed. It is the recommendation of the appointment committees that the above persons be appointed Commanders of their stations. Item 6. Insurance Premium Reduction ACTION TO BE CONSIDERED: To approve adjusting the second payroll deduction in December for City of Eagan employees' share of the family health insurance premium to recognize the premium reduction by Medica for December 2003 premiums. FACTS: ¦ Medica, one of the two insurance companies from which City of Eagan employees receive health insurance, will reduce the company's overall premium for the City of Eagan for the month of December by one-half. ¦ This Medica reduction is only applicable for employees enrolled in the month of December 2003. ¦ Employees pay approximately 21 % of the total health insurance premiums for a month. ¦ The City operates under a "blended rate" system whereby premiums from both carriers are averaged and all affected employees have the same amount deducted from their paychecks for family coverage. ¦ It is recommended that the employees' share of the premium reduction be evenly divided between all employees who will have payroll deductions for health insurance premiums during the month of December 2003, after fair consideration is given to retired employees, paying different percentages of the monthly premiums. ¦ Even though only Medica is issuing the reduction, it is recommended that an even share of the reduction be given to enrollees in both Medica and HealthPartners; because, if either of the insurance companies raised their rates, all enrollees would be affected by the increase and would pay more. Therefore, it seems logical that all employees who currently have payroll deductions should be affected by the decrease as well. ¦ As the Medica reduction is only effective for the month of December 2003, the actual deductions will be effective for those employees who have health insurance deductions taken from their paychecks for December 2003. Item 7. Resolution/Flexible Spending Plan ACTION TO BE CONSIDERED: To approve a resolution amending the City of Eagan's Flexible Spending Account Plan. FACTS: ¦ The administrator of the City's Flex Spending Plan has requested that two former actions of the City Council approving an increase from $2,500 to $3,000 for the amount an lb employee may elect to have deducted for health expense purposes and including over-the- counter drugs as eligible expenses be officially approved in the form of a resolution. ¦ In addition, the administrator is requesting the approval of two amendments to reimbursement procedures for the company. ATTACHMENT: Attached on page !c is a copy of the proposed resolution. CITY OF EAGAN RESOLUTION AMENDING FLEXIBLE SPENDING ACCOUNT PLAN WHEREAS, the City of Eagan ("Employer") provides employees with an opportunity to pay for certain employee welfare benefits on a pre-tax basis through the above mentioned Plan (the "Plan"); and WHEREAS, the Employer considers it desirable and in the best interests of the Plan to make the following amendment to the Plan; NOW, THEREFORE, pursuant to the authority reserved in the Plan to allow amendments to the Plan, the Plan is amended as follows: • Effective January 1, 2004, the maximum level of coverage for Health Care Reimbursement Expenses shall be increased from $2,500 to $3,000 per plan year. • Effective January 1, 2004, the provisions of the Plan referencing the eligibility of certain health care expenses shall be amended to include over-the-counter drugs. This amendment to the Plan is intended to comply with Revenue Ruling 2003-102 issued September 3, 2003. • Effective January 1, 2004, Acclaim Benefits will enact a reimbursement minimum. This minimum is subject to change at the discretion of the Plan and/or Acclaim Benefits. • Effective November 1, 2003, the provisions of the Plan referencing the reimbursement procedures were amended to remove the following language: "Keep in mind that faxed claims receive priority over mailed claims. Faxed claims received Monday through Friday by 3:00 pm, CT, will be audited and entered that same day." BE IT FURTHER RESOLVED, that appropriate officers of this Employer are hereby authorized and directed to execute and deliver all documents necessary for the proper implementation of the Amendment to the Plan to ensure that the Amendments are hereby approved and in effect by the above stated dates. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its City Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, Maria Karels, 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 1st day of December, 2003. Maria Karels, City Clerk I7 Agenda Information Memo December 1, 2003 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated November 20, 2003 and November 27, 2003 as presented. ATTACHMENTS: • Check registers dated November 20, 2003 and November 27, 2003 are enclosed without page number. 0 Agenda Information Memo December 1, 2003 Eagan City Council Meeting D. ACKNOWLEDGE RESIGNATION OF EAGAN AIRPORT RELATIONS COMMISSION MEMBER MICHAEL COOK EFFECTIVE JANUARY 1, 2004 ACTION TO BE CONSIDERED: To acknowledge the resignation of Eagan Airport Relations Commission (ARC) member Michael Cook effective January 1, 2004. FACTS: ¦ Michael Cook has served on the Airport Relations Commission since January 2002. ¦ Mr. Cook's two years of service have been extremely valuable to the Commission. ¦ In accordance with the Commission Appointment and Guidelines Policy that is currently in final draft form, the ARC alternate member, Steven Grooms, has been asked to fill the vacancy left by Mr. Cook through April 2004, at which time both the term held by Mr. Cook, as well as the alternate term will be reappointed. ¦ Staff has contacted Mr. Grooms to inquire as to whether he would agree to take over the commission position being vacated by Mr. Cook; however, at the time the packet was mailed, Mr. Grooms had not responded to the inquiry. ¦ Should Mr. Grooms agree to serve out the remaining four months of Mr. Cook's term, a consent item will be added to the December 16 Council agenda to formally appoint Mr. Grooms. ¦ In accordance with the draft Commission Appointment and Guidelines Policy, if Mr. Grooms declines the position being vacated by Mr. Cook, the vacant position will not be refilled as the resignation took effect on January 1, 2004. ATTACHMENTS: Enclosed on page 45- is correspondence from Mr. Cook announcing his resignation. Page 1 of 1 Dianne Lord From: michaelact@msn.com Sent: Thursday, November 20, 2003 5:14 PM To: Dianne Lord; lance.staricha@state.mn.us Subject: Commissioner Post Chair Staricha and Administrator Lord, I am writing to inform you that I will be resigning my post on the Airport Relations Commission as of the end of the year. I have learned much about the airport and city government during the last two years, and I hope that I have been of at least a little help to the rest of the commission during that time. Best wishes and gratefulness for your continued work on behalf of the city. Regards, Michael Cook ,?1 11/26/2003 Agenda Information Memo December 1, 2003 1 • CONSENT AGENDA: To approve the disposal of obsolete monitors ACTION TO BE CONSIDERED: To approve the disposal of obsolete monitors FACTS: This property has no salvage value. These are the nine obsolete monitors that were located in the Diaz in City Council Chambers. They were replaced with the current monitors. Disposal of this product to a materials recycling processor is least expensive alternative. The monitors are no longer functioning. Agenda Information Memo December 1, 2003 F. APPROVE RENEWALS OF EXISTING LIQUOR LICENSES FOR 2004 ACTION TO BE CONSIDERED: To approve the renewals of existing liquor licenses for 2004, subject to review of applications, payment of fees and Police Department reviews. FACTS: • The liquor license renewals for the year 2004 include the following: (13) off-sale liquor (26) on-sale liquor (24 restaurants and 2 hotels = 26 total) (11) on-sale wine and beer (7) on-sale beer (15) off-sale beer • These renewals are in the process of completion and should be approved subject to review and recommendation by the Eagan Police Department, payment of fees and submittal of required documents. 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Q 0. > O U N N O O 3 0 m m m O m m 7 7 O m m ? m ,V N a) U22Y?000aacnv)cncnv) UoOaCL a?: 0 UUUU m 0 E J J a J J J y Z U U m m m m z N c c y C U U U Cj to U U U U N N N N d L 1) m a? m c c c c o E E E E = N U c w o O O rn y Q Q Q Q d 0 a) N J O y y Z aaaO O O O ` 0 V J (d c a) Q a) J O O C) O UCnCn /) O 7 7 7 7 (nWc00 c O 7 3 N m m - to cn cn U) a) U o U) U) CL 4) 0) cx. (D r- cn CL m mE- c) a UUULL 0 0 -5-5"5 v °)) °)) o c > ° g v ?c c c c (y LL E a a i a > ) w 0 0 3= 3 3 3Om m nCL a.CL (U m m mac a) co 2=Ym F-?-IL au) O)u)O)(i) of OOaacn?: r 41 0) m a ao Agenda Information Memo December 1, 2003 Eagan City Council Meeting G. CORRECTIVE PLAT (CEDAR GROVE PARKWAY ADDITION) - CITY OF EAGAN ACTION TO BE CONSIDERED: To approve a Corrective Plat (Cedar Grove Parkway Addition) consisting of two lots located at the intersection of Cedar Grove Parkway and Silver Bell Road, in the Northeast %4 of Section 19. FACTS: ? The subject property received Final Subdivision approval on August 4, 2003. The plat was recorded with standard drainage and utility easements around the perimeter of the parcels. The easements do not properly reflect the CGD district setback standards or the approved senior housing project for Lot 1, Block 2. ? The purpose of this corrective plat is to properly assign the drainage and utility easements to reflect the City's required maximum building setbacks applied to Lot 1, Block 2. ? This plat does not alter the number of lots or the lot area of the two lots. ATTACHMENTS: (1) Plat drawing on page. a a W LL } u gga R ?lsd • I ? II I , ' ` ? yFy,,N`` ?a? trV? 1Y 3NV1 ii3u1V • 5.. I i I is I I I^ I ¢ 1 C i 4 I: ?I Z Z N a cl 0 x V u G ? i FA I ` r. c a a I _--- 3 Via a j-_ I v I rug 49 _ ' W' JldM?ddd 02iJ ad030 `:. ? i ( -? W my4m mm 00,0. . occc o a, R - - / n3N11 MMN o IM VON 3AIaG7 3f"13* - U - f1Y36 A 1 dOJ } -] to3sc3 w R 1ai73?w Y in •? ri - 0,L 60! 3 rtM - PAAA 3613 ve Ix ?v - - s a o 0 5.1 1 pall / d- A. ° OPT HR A g. 4,0 \;.Ill ° `? \\X\ a?-{ Z1 vl? i?3^? iAl; A V 00.900, 44LE O N "• tc. by .;",b' ? ?ti: of I ?; 3(I a-u-(IH3El `?y° !? Agenda Information Memo December 1, 2003, Eagan City Council Meeting H. CONFIRMATION OF FINDINGS OF FACT, CONCLUSIONS & RESOLUTIONS OF DENIAL FOR GARAGE VARIANCES AT 1745 SARTELL AVE - TODD WAGNER ACTIONS TO BE CONSIDERED: To confirm the Findings of Fact, Conclusions & Resolutions of Denial of a request for variances to allow the garage to exceed the size of the house by 240 square feet, and the side walls of the garage to exceed 10 feet for a garage addition located at 1745 Sartell Avenue. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • At its regular meeting on November 18, 2003, the City Council directed staff to prepare Findings of Fact, Conclusions & Resolution of Denial regarding the Variances to be considered at the December 1, 2003 Council meeting. • The City Council first heard this request at its November 6, 2003 meeting and directed staff to work with the applicant to determine if a reasonable compromise was possible. • Staff has been contacted by the applicant's representative stating there will be written information for Monday's meeting. 60 DAY AGENCY ACTION DEADLINE • December 15, 2003 ATTACHMENTS (2): Findings of Fact, Conclusions and Resolution of Denial, pages c through Q7 . Applicant's letter page Q '.o. 'Cr a3 BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Todd Wagner FINDINGS OF FACT, for Variances at 1745 Sartell Avenue CONCLUSIONS AND RESOLUTION This matter came before the Eagan City Council at its meetings of November 6, 2003 and November 18, 2003. The Council received and considered the October 29, 2003, Planning Report; evidence from the neighboring residents, together with all existing files, records and prior proceedings and material as presented to the Council. Todd Wagner appeared at the meetings of the City Council. Based upon all the files, records and input which was presented at the meeting, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. Todd Wagner (the "Applicant") is the owner of Lot 4, Block 9, Cedar Grove No. 8 (the "Property") located at 1745 Sartell Avenue, in the City of Eagan. 2. The Property is improved with a 1,002 square foot single family home and a 440 square foot attached garage. The Applicant also has a 144 square foot shed located on the Property. 3. The Applicant proposed to construct an additional garage of 810 square feet. The garage is proposed to consist of walls of 13 feet in height (the "Project"). 4. The Property is located in an R-1, Single Family Residential zoning district. 5. Under the Eagan City Code, private garages and parking spaces are permitted accessory uses within the R-1 zoning district. C?q 6. Under Section 11.30 of the Eagan City Code, accessory use means 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. 7. Under Section 11.30 of the Eagan City Code, a private garage means an accessory building or an accessory portion of the principal building which is primarily intended for and used to store the private passenger vehicles and trucks of the family resident upon the premises and in which no business, service or industry is carried on. 8. Section 11.40, Subd. 5, sets forth the standards for accessory building structures and uses. Under Subd. 5(C)(5), no accessory building or structure shall have sidewalls that exceed 10 feet in height. 9. The Applicant has requested a variance of 3 feet to allow the proposed garage walls to exceed 10 feet in height. 10. The primary single family home consists of 1,002 square feet and the Applicant has applied for a variance to allow the proposed accessory structure to exceed the size of the home by 240 square feet (810 addition plus 440 existing garage = 1,250 square feet). 11. Due to a misinterpretation of the City Code, the building permit was issued for the Project; however, during the course of an inspection, the need for the variances was discovered and the Project became the subject of a stop order. 12. The Applicant has stated that his hardship is that the original plans were approved by the building department and a lot of work has gone into the Project, including alteration to the Property and that contracts have been signed with contractors. CONCLUSIONS The matter is properly brought before the Eagan City Council. o?s 2. Section 11.50, Subd.3 of the City Code requires the City Council to consider six factors in determining whether to grant a variance: A. Extraordinary circumstances applying to the Property which do not apply to other properties in the same zone and result from lot size or other circumstances of which the owner of the property has no control. B. The literal interpretation of the Code would deprive the Applicant a use commonly enjoyed by other properties in the same district. C. Special conditions or circumstances do not result from actions of the Applicant. D. Granting the variance will not confer special privilege as denied by this ordinance to owners of other lands in the same district. E. The variance 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. 3. The approval of the Project would create the appearance of a commercial structure in the R-1 zoning district that would be intrusive to the single-family neighborhood. 4. The approval of the Project would have a direct and detrimental impact to the adjoining property owners. 5. The approval of the Project would create a situation where the use for garages would become the predominant use of the Property and would render the home an accessory use to the garages. 6. The approval of the Project would be with no justification other than convenience of the user and would create a special privilege not enjoyed by the Applicant's neighbors. 7. Legal counsel for the City has advised the Council that where a permit has been issued under a mistake of fact and contrary to the zoning ordinances, it may be revoked; and that the law imposes a duty upon the Applicant to determine whether the proposed activity he undertakes is lawful. a?O 8. The Property could accommodate a typical three-stall garage without any variances. 9. The Property retains a viable use in its existing condition without the need for any variances. RESOLUTION Upon Motion duly made and seconded, the City Council of the City of Eagan does hereby resolve that the Applicant's request for a Variance to allow accessory structures to exceed the size of the home is hereby denied. Upon Motion duly made and seconded, the City Council of the City of Eagan does hereby resolve that the Applicant's request for a Variance to allow the proposed garage walls to exceed 10 feet in height is hereby denied. Dated at Eagan, Minnesota this day of , 2003. CITY OF EAGAN By: Pat Geagan Its: Mayor By: Maria Petersen Its: City Clerk a-7 JOSEPH J. DUDLEY, JR. DAVID W. LARSON- STEVEN C. OPHEIM- LISA M. AMUNDSON BURKE KATHERINE A. DROWN HOLMEN JEFFREY H. OLSON JOHN C. LILLIE 111 MARK K. THOMPSON JUSTIN O. JOHNSON 'ALSO ADMITTED IN WISCONSIN "CERTIFIED REAL ESTATE SPECIALIST DUDLEY ern SMITH A PROFESSIONAL ASSOCIATION ATTORNEYS AND COUNSELORS AT LAW SUITE 2602 U.S. BANK CENTER 101 LAST FIFTH STREET ST. PAUL. MINNESOTA 551OI-Ie96 TELEPHONE 651.291-1717 FAX 651- 223 - SO55 E-MAIL; info dudieyandsmith.com wee SITE www.dudleyandsmith.com ADDITIONAL OFFICES LOCATED IN APPLE VALLEY LAKE ELMO MAPLEWOOD SHOREVIEW WOODBURY 3537 LAKE ELMO AVENUE LAKE ELMO. MN 55042 (6SI) 773-1964 November 28, 2003 's` a Mayor and City Council of Eagan `830 Pilot Knob Road Eagan, MN 55122 Re: Todd Wagner Property Variance for 1745 Sartell ,Ave, Eagan, MN 55122 Our File No. 5802.0002 To the Mayor and City Council of Eagan: As you are well aware, Todd Wagner ("Mr. Wagner") applied for a city permit to build a garage on his property located at 1745 Sartell Avenue in the City of Eagan. Initially, his permit was granted, and W. Wagner invested approximately $20,000 in labor and materials in a garage he contracted for, at an estimated cost of $47,000. Work commenced on the garage shortly after the permit was granted, and Mr. Wagner had his yard dug up and fence taken down to accommodate the new garage. Before concrete was to be poured, Jeff Wheeler of the City of Eagan came out to approve the footings to be laid for the garage. After an inspection of the property by Jeff Wheeler, the footings were, in fact, put in. Subsequently, Jeff Wheeler came out second time and approved the poured footings- After this approvals Mr Wagner Bred the trusses for his garage, and proceeded with the building of bs garage. It was during this time, while construction of the garage was well under way, that the City issued a stop work order on the garage against Mr. Wagner's property, and determined that Mr. Wagner was in need of a variance. This last Monday, 11-24-2003, Mr. Wagner and myself met with a number of officials from the City of Eagan to discuss what options were available to Mr. Wagner which would allow him to complete his garage without the benefit of a variance by the City. Many ideas were discussed, including lowering the garage floor, adding square footage to Mr. Wagncr's living space, cutting down the length of the garage, and purchasing new trusses to build the garage in a way that would not require a variance to complete the building of the garage. Amer careful consideration by Mr. Wagner, it appears that the institution of the discussed measures to build the garage without a variance would be too costly and too impracticable to implement- This has left Mr. Wagner to question what his interests are in resolving this matter. 49 11/28/03 13:44 FAX 651 223 5055 DUDLEY & SMITH J 002/004 Letter to the Mayor and City Council of Eagan 11/28/2003 Page 2 of 4 .ti When Mr. Wagner first approached the City of Eagan, his de0iaon to invest in a garage was discretionary. However, now that he has invested in the garage, and his yard is in a state of turmoil due to the earlier construction, Mr_ Wagner would either like to see his garage built as originally designed or else have his yard put back to the state it was before construction of the garage began. In adopting the denial of the variance on Mr. Wagner's properly Monday night, you will be foreclosing the former option, and leaving Mr. Wagner only the latter. Therefore, Mr. Wagner is asking the City Council to reconsider adopting of a finding of fact that the variance should be denied. As grounds for this reconsideration, Mr. Wagner would have the City Council Consider the following reasons for reconsideration, First, Mr. Wagner believes the City of Eagan should reconsider denying the variance because Mr. Wagner has strong grounds for appealing the denial as a matter of law. In City of Eden Prarie v. Liepke, 403 N.W.2d 252, 256 (Minn,App,1987) the Court found that a City could be estopped from enforcing its zoning ordinances as a matter of law if the party claiming equitable estoppel can show wrongful conduct on the part of the government, that the expenditures made by the party claiming estoppel arc unique to the proposed project and would otherwise be usable, and that the equities favor the party claiming equitable estoppel. In Liepke• Mr. Liepke went to the City to get a permit to build an industrial garage on his premises, and the City granted the permit. Id. at 253-254. As construction commenced on Mr. Liepke's garage, the City inspected the construction site on a number of occasions- Id. After the garage was approximately 90% complete, and after Mr. Liepke invested about $30,000 in the garage, the City "red tagged" the project, thereby halting further construction. Id. Ultimately, the Court determined that Mr. Liepke could assert equitable estoppel, and that, as the prior court denied Mr. Liepke's request for an evidentiary hearing on equitable estoppel, the case should be remanded to see whether there is evidence to justify Mr. Liepke's assertion of equitable estoppel. Id, at 256. It is undeniable that the facts in Liepke are very similar to the situation Mr. Wagner now finds himself. Like Liepke• Mr. Wagner had the City's permission to build a garage, Mr. Wagner invested large sums of money in building the garage, Mr. Wagner has subsequently had a lien for approximately $20,000 put on his home from the lumber yard materials ordered, and the City visited the site umerous times during the construction of the garage before issue a ,stop order. ven the similarities between the two cases, it appears that the Ctty-should be estopped from denying the variance on Mr. Wagners property. Therefore, the City Council could choose to not adopt the denial of the variance this evening as a matter of law, and instead, find that the variance should either be granted or not enforced against Mr. Wagner, so that Mr. Wagner could pursue building on his property. C;?gCf 11/28/03 13:45 FAX 651 223 5055 DUDLEY & SMITH 0003/004 Letter to the Mayor and City Council of Eagan 11/28/2003 Page 3 of 4 Next, Mr. Wagner believes the City of Eagan should reconsider denying the variance because the original permits issued were correct, and that a variance hearing is unnecessary because the building of his garage does not conflict with the City of Eagan's Zoning Ordinance. Under the City of Eagan's Code, a "Garage (private)" is defined as "... an accessory building (detached) or use (attached) designed primarily for the storage of personal motor vehicles". Eagan City Code Sec. 11.03 (emphasis added)- Under the City of Eagan's Code, an "Accessory Building" is defined as "... a subordinate structure detached from the principle structure... This includes detached garages, storage sheds, gazebos and similar structures." Id. (emphasis added). In the instant case, Mr. Wagner contends that the garage he is proposing to build is an attached garage (a use), not an accessory building, and therefore, the code sections dealing with accessory buildings do not apply to his new garage. The definition of an accessory building is a building ... "which is detached from the ?.principle structure." The garage Mr. Wagner is in the process of constructing is AQ -42 clearly attached to the principle structure on his lot (his house), and efore not an accessory building in need of a zoning variance. Therefore, the City Council should choose not to adopt the denial of the variance this evening on grounds that a variance hearing is moot, and instead, find that the original permit issued was correct and that Mr. Wagner could pursue building on his property, Finally, Mr. Wagner believes the City of Eagan should reconsider denying the variance because the variance procedure used to determine whether Mr. Wagner could build his garage denies him the due process he would receive from a conditional use hearing. As stated above, W. Wagner believes that the attached garage is not an accessory building, which would require a variance to build, but rather an attached use, which would not require a variance as it would be a use expressly authorized by a city ordinance. Under the City of Eagan's Code, a private garage is a permitted accessory use for Mr. Wagner's R-I district property. Eagan City Code Sec. 11.20, Subd. 5(C)(1). In Luger v. City of Burnsville, the Court compared and contrasted a variance hearing from a special use hearing. Lamer v. City o/Burnsville, 295 W.2d 609, 612 (Minn. 1980). The Court noted that, "A vanai3 allows a joperty to be used in a manner forbidden by the ordinance; a s use permit allows a use expressly authorized by the ordinance... Thus a heavy burden is imposed on an applicant for a variance to show that its grant is appropriate. Where a special permit is sought, by contrast, the burden is on the (persons) opposed to the grant to establish facts compelling its denial. The mere "aesthetic concerns" of neighboring landowners will not rise to the level of serious health, safety, or public welfare considerations which justify denial of an application for a special-use permit." Id. (internal citations omitted). Given the different burdens of proof between a variance hearing and a special use hearing, it is clear that Mr. Wagner's due process rights are in jeopardy should the City Council choose to deny Mr. Wagner's variance. It appeared from a$b 11/28/03 13:45 FAX 651 223 5055 DUDLEY & SMITH 16004/004 Letter to the Mayor and City Council of Eagan 11/28/2003 Page 4 of 4 the previous City Council meeting that the grounds by which Mr. Wagner's variance were to be denied were based on aesthetic, and not health, safety and welfare concerns. As such, a denial of Mr. Wagner's variance would also be a denial of Mr. Wagner's due process rights. Therefore, Mr. Wagner would ask the City Council to not adopt the denial of the variance this evening as a matter of law, and instead, find that the variance should either be granted or allow for a groper conditional use hearing, so that Mr. Wagner may receive proper due rocess. In conclusion, Mr. Wagner appreciates your time in considering this serious matter. As a citizen of Eagan for almost twenty years, Mr. Wagner believes you will do what is right for both his property and the City in this matter. Thank you. Sincerely, DUDLEY AND SMITH, P.A. thong M. DeGruerre Law Clerk to David W. Larson CC Tom Hedges Jon Hohenstein S d 2 Agenda Information Memo December 1, 2003 Eagan City Council Meeting 1. APPROVE SUBMISSION OF A STATE HISTORIC PRESERVATION OFFICE (SHPO) PRELIMINARY EVALUATION FOR HOLZ FARM ACTION TO BE CONSIDERED: Approve submission of a preliminary historic evaluation to SHPO for the Holz Farm property. FACTS: • In 2003, the City of Eagan completed Master Planning for Holz Farm Park, including the historic farmstead element. Part of the Master Plan discussed future preservation efforts for the historic farmstead. • For the first step in formal historic preservation, a preliminary evaluation determines potential qualification for designation on the National Register of Historic Places. The evaluation is prepared by the applicant and submitted to the State Historic Preservation Office (SHPO) for their determination. • Having the preliminary evaluation DOES NOT commit the City to pursuing National Registry status. Is it merely a determination of whether the property potentially qualifies for Registry status. • There is no time line the City must follow between the preliminary evaluation and (if found potentially eligible) deciding whether or not to pursue application for National Registry status. • There is no cost to the City to submit the property to SHPO for a preliminary evaluation. • Having a preliminary evaluation done, regardless of whether Registry designation is pursued, makes Holz Farm eligible for certain types of grants through the Minnesota Historical Society. ATTACHMENTS: • None Agenda Information Memo December 1, 2003 Eagan City Council Meeting J. PROJECT 894, COACHMAN LAND COMPANY/ CENTURY POINT & DONALD COURT STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 894 (Coachman Land Company/ Century Point & Donald Court - Street Improvements) and schedule a public hearing to be held on January 20, 2004. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: • On June 3, 2003 the City Council directed staff to prepare a feasibility report considering a street rehabilitation of Coachman Road, Four Oaks Road, Famum Drive, Century Point and Donald Court, all north of Yankee Doodle Road and east of Highway 13 in northwest Eagan. • The bituminous overlay of these streets is programmed for 2004 in the City of Eagan's 5-Year CIP (2004-2008). • An informational 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 January 20, 2004. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. 3O Agenda Information Memo December 1, 2003 Eagan City Council Meeting K. POPPLER HOMESTEADS NO.2 (LOT 2, BLOCK 1) EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate a portion of a public drainage and utility easement on Lots 2 and 3, Block 1, Poppler Homesteads No. 2 and schedule a public hearing to be held on January 6, 2004. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: • On November 14, 2003, City staff received a letter from Michael and Leslie Tierney, 1577 Four Oaks Road, requesting the vacation of the existing side lot drainage and utility easements on Lots 2 and 3, Block 1, Poppler Homesteads No. 2, southeast of the intersection of Lone Oak Road and Pilot Knob Road. • The drainage and utility easements were originally dedicated as part of the Poppler Homesteads No. 2 plat as typical side lot easements on the common lot line for Lots 2 and 3. • 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 allow Lot 3 to become more buildable. • Lot 2 has an existing home that is currently occupied. Lot 3 is a vacant lot owned by Mr. and Mrs. Tierney. • The vacation of the drainage and utility easements would allow the realignment of the common lot line. New side lot drainage and utility easements must be dedicated as part of the revision of Lots 2 and 3. • 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: • Location Map, page e • Legal Description Grap ?r- • Petitioner's Letter, page 31 Lot 2, BIk. 1, Poppler Homestead No. 2 11/14/03 Vacation Location Map City of Eagan 3' Description of easements to be vacated: (\rI That drainage and utility easement dedicated via the plat of POPPLER w I HOMESTEADS No. 2, Dakota County, Minnesota, lying 5.00 feet south of the north line Lot 3, Block 1, of said POPPLER HOMESTEAD No. 2, excepting therefrom the west 10.00 feet thereof and the east 10.00 feet thereof. also, That drainage and utility easement dedicated via the plat of POPPLER HOMESTEADS No. 2, Dakota County, Minnesota, lying 5.00 feet nouth of the south line Lot 2, Block 1, of said POPPLER HOMESTEAD No. 2, excepting therefrom the west 10.00 feet thereof and the east 10.00 feet thereof. Lot 2 Revised Property Line Proposed Drainage & Utility Easement 10' 11 City d Eagan 10, Lot 2, BIk. 1, Poppler Homesteads No. 2 11/14/03 Proposed Easement Vacation Existing Drainage & Utility / AO to be vacated •-,y °?io Lot 3 s+0 J Q Q 0 33 L(- ?3, 03 -Tevwell _? ?? 77 y4 -lam ' ---- _ _ _? Is?-7 f ??s Pd ILA) SS-1 z I a,t,i nti4-, ??a- ? 2 _ loc i ci, 2 1( S14 Agenda Information Memo December 1, 2003 Eagan City Council Meeting L. APPROVE THE APPOINTMENT OF WATER RESOURCES COORDINATOR ERIC MACBETH TO THE BLACK DOG WATERSHED MANAGEMENT ORGANIZATION AS EAGAN'S DELEGATE FOR A THREE-YEAR TERM EFFECTIVE JANUARY 1, 2004. ACTION TO BE CONSIDERED: To approve the appointment of Water Resources Coordinator Eric Macbeth to the Black Dog Watershed Management Organization as Eagan's delegate for a three-year term effective January 1, 2004. FACTS: ¦ The Black Dog Watershed Management Organization (WMO) was created by a Joint Powers Agreement (JPA) in the mid-1980's between the cities of Apple Valley, Burnsville, Eagan, Lakeville, and Savage to cooperatively manage the water resources of the watershed common to these communities. ¦ In 1999, the City Council appointed Water Resources Coordinator Eric Macbeth to a 3-year term as Eagan's delegate to the Black Dog WMO. ¦ The delegate appointed by the City Council will vote with the delegate appointed by the City of Apple Valley on a WMO Board Manager that represents both the cities of Eagan and Apple Valley. ¦ The role of the delegate can either be appointed to a City staff person, as has been the past practice of the Cities of Eagan and Apple Valley, or the City Council can serve as the delegate, which is the practice in the City of Burnsville. ¦ Given Mr. Macbeth's knowledge and expertise in the area of water resources, it is recommended that Mr. Macbeth be reappointed as the City of Eagan's delegate to the Black Dog WMO effective January 1, 2004 through December 31, 2006. 35- Agenda Information Memo December 1, 2003 Eagan City Council Meeting PITBLIC HEAR G A. PROPOSED BUDGET AND PROPERTY TAX LEVY FOR 2004 - TRUTH-IN-TAXATION HEARING ACTION TO BE CONSIDERED: To close the public hearing and set the 2004 levy and budget considerations for the December 16, 2003 City Council meeting. FACTS: • The State requires cities over 2,500 in population to hold a Truth-in-Taxation public hearing on their proposed budget and tax levy for next year. • Parcel specific notices were mailed by the County to Eagan residents in mid- November. • A notice of this hearing was published in the Eagan This Week and Dakota County Tribune newspapers. It invited property owners to attend this hearing and/or send written comments. • If the City Council wishes to conduct a continuation hearing, such a hearing would be held December 8. • The City's final levy and budget will be adopted at the December 16 regular City Council meeting. • The City Administrator will present a PowerPoint presentation. Copies of the slides will be made available to the Council at the meeting. ATTACHMENTS: • Enclosed without page number is a copy of the 2004 General Fund Budget and Property Tax Levy handout that will be made available to all in attendance at the public hearing. So Agenda Information Memo December 1, 2003, Eagan City Council Meeting B. VARIANCES - CITY OF EAGAN, PROJECT 851 (TOWN CENTRE AREA) - EAGAN AUTO MALL ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a 10 foot sign setback Variance for the sign located at the intersection of Pilot Knob Road and Duckwood Drive for the Eagan Auto Mall, 1399 Town Centre Drive; subject to the conditions suggested in the staff report. To approve (OR direct findings of fact for denial) a 20 foot parking setback Variance along Duckwood Drive at Pilot Knob Road and a two foot Variance from Town Centre Drive north of Duckwood for the multi tenant Eagan Auto Mall, 1399 Town Centre Drive; subject to the conditions in the staff report. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • The City's zoning ordinance requires signs to be set back a minimum of 10 feet from a public right-of-way and parking setback of 20 feet. • The Variances are based on the existing developed conditions of various properties and the additional right-of-way being aquired for the expansion and upgrade of Town Centre Drive. • The sign at the intersection of Pilot Knob Road and Duckwood Drive would have a zero- foot setback. • The parking setback along Duckwood Drive at Pilot Knob Road would have a zero-foot setback and along Town Centre Drive an 18 foot setback. • Each of these Variances is prompted by a public action, the acquisition of additional right-of-way associated with the Town Centre roadway improvements. It has been the city policy to acknowledge the impact of this public improvement project on private property and to take action so that the resulting setbacks are not considered non- conforming. 60 DAY AGENCY ACTION DEADLINE • Does not apply ATTACHMENTS (1): Planning staff report, pages tot) 37 PLANNING REPORT CITY OF EAGAN REPORT DATE: November 24, 2003 APPLICANT: City of Eagan PROPERTY OWNER: Eagan Auto Mall REQUEST: Variance LOCATION: 1399 Town Centre Dr. COMPREHENSIVE PLAN: SA, Special Area ZONING: CSC, Community Shopping Center CASE: 15-VA-15-08-03 HEARING DATE: December 1, 2003 APPLICATION DATE: Nov. 12, 2003 PREPARED BY: Sheila Cartney SUMMARY OF REQUEST The applicant is requesting approval of Variances to the parking setbacks and a sign setback for the Eagan Auto Mall; these variances are a result of City and County road public improvements, located at 1399 Town Centre Drive in the NW 1/4 of Section 15. 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. a0 Planning Report - City Variance December 1, 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 The code requires a 20 foot parking and drive aisle setback for business districts. The Sign Ordinance requires free standing signs to be set back 10 feet from any property line. BACKGROUND/HISTORY Contract 03-01(project 851) provided for the bituminous overlay and access management improvements of the streets in the Town Centre Area. The improvements included the construction of concrete sidewalk along the westerly/northerly side of Town Centre Drive (with retaining walls as needed), driveway relocations along the easterly/southerly side of Town Centre Drive and driveway apron construction throughout the Town Centre Area. The street and access management improvements in the Town Centre Area required the acquisition of numerous permanent and temporary easements from the adjacent properties. Permanent easements were required of Parcel 10-77030-010-01 (Lot 1, Block 1, Town Centre 70 6th Addition) due to the placement of the sidewalk and retaining wall constructed along Town Centre Drive and a small sidewalk segment along Duckwood Drive. The easement along Town Centre Drive entailed a 2' wide strip adjacent to the east property line of the parcel. Prior to the public improvement, the parking lot met the 20' setback from the property line along Town Centre Drive. Due to the location of the 2' permanent roadway and utility easement, the setback is now substandard. Pilot Knob Road (County State Aid Highway 31) south of Interstate 35-E was upgraded by Dakota County in 1987. As a part of this upgrade, additional right-of-way was acquired from adjacent properties. The southwest portion of the original Lot 1, Block 1, Town Centre 70 6th Addition was acquired as Parcel 72 of Dakota County Right-of-Way Map No. 25. EXISTING CONDITIONS The subject property is generally known as Eagan Auto Mall. The variances are requested for the Super America site and the multi-tenant auto mall. The site is developed and the variances are a result of public improvements. The sign and parking were installed meeting code prior to the improvements. EVALUATION OF REQUEST There are two parking setback variances requested and one sign setback variance requested as a result of the public improvements of Town Centre. The parking setback along Town Centre Drive is 18 feet, along Pilot Knob Road/Duckwood Drive the parking is at a zero lot line setback, 31 Planning Report - City Variance December 1, 2003 Page 3 parking setbacks are required to be 20 feet from any public right-of-way. The sign at the intersection of Duckwood and Pilot Knob Road has a zero lot line setback, signs require a 10 foot setback from the public right-of-way. APPLICANT'S ESTIMATE OF HARDSHIP Each of the Variances is prompted by a public action, the acquisition of additional right-of-way along Town Centre Drive, Duckwood Drive and Pilot Knob Road. Without the Variances, these properties would have non-conforming sign setbacks and parking setbacks as a result of the public road improvements. SUMMARY/CONCLUSION The City is requesting setback variances for the parking along Town Centre Drive, Duckwood Drive, and Pilot Knob Road and a Variance to the sign setback along Duckwood Drive and Pilot Knob Road. These Variances are a result of the Town Centre road improvement project. Staff believes that it would be appropriate for the City to acknowledge the impact of this public improvement project on private property along Town Centre Drive, Duckwood Drive and Pilot Knob Road and to take action so that the resulting sign setback and parking setbacks are not considered non-conforming. ACTION TO BE CONSIDERED To approve (Or deny) a 10 foot sign setback Variance for the sign located at the intersection of Pilot Knob Road and Duckwood Drive for the Eagan Auto Mall, 1399 Town Centre Drive; subject to the following condition: 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. To approve (Or deny) a 20 foot parking setback Variance along Duckwood Drive at Pilot Knob Road and a two foot Variance from Town Centre Drive north of Duckwood Drive for the multi tenant Eagan Auto Mall, 1399 Town Centre Drive; subject to the following condition: 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. Cagan Boundary Location Map Street Centerline Parcel Area Building Footprint fan Ell NIL. ;;?' Subject Site aao i 71 (P 7 -s7 ;'Mai as h C2 Z3 N7411, 19 A (Baal a d!w•xuu o s ? _ .? - ? i ? '' ? '; ? ? ,? ,? ? ? ?`°••. a ?`? v , - "' 1000 0 1000 2000 Feet Development/Developer. City of Eagan Application: Variance Case No.: 15-VA-15-08-03 Map Prepared using ERSI ArcVlew 3.1. Parcel 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 cagan The City of Eagan and Dakota County do not guarantee the accuracy of this information and are 5 CeminuNty e?v.lepm-t DspaR-t not responsible for errors or omissions. In 0 m E 0 0 0 o 0 i s O 0 z C7 I w .. X o 0 60 / EGENO ?' I . I ----- 'EXIS : NG R/V/ SCALE 1'- 60' 2O'P I PRO ERTY L/NE 2 -- PROPOSED R/W 18' _ _XX_B STANDARD SETB CK TO BUILDING XX'P STANDARD SETS CK TO PARKING LOTS I ? I "sue ' 1 1 I I Q ? I 1 w 25 I I :D a 23, I I Q I ' ROPERTY ADDRESS SUPER MERICA/EAGAN AUTO MALL EXISTING W I 1379 1399 TOWN CENTRE DRIVE FREESTANDING EAGAN, MN 55123 GROUND SIGN ° I I P..N. 10-77030-010-01 m 0 I I , ?13' < I I LL rs' . o I Z I I # / ' Olp CIO EXISTING PYLON SIGN z FILE NO. CITY OF EAGAN SEF AEAGAN0204 C. P. NO. 851 EXHIBIT DATE: TOWN CENTRE AREA 11/13/03 RIGHT-OF-WAY SETBACKS Agenda Information Memo December 1, 2003 Eagan City Council Meeting C. PROJECT 896, LAKESIDE ESTATES STREET OVERLAY ACTION TO BE CONSIDERED: Approve Project 896 (Lakeside Estates - Street Overlay) and authorize the preparation of detailed plans and specifications. REQUIRED VOTE FOR APPROVAL: 4/5th of all Council Members FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past fourteen years, the City has rehabilitated approximately 63 miles of local streets. • The resurfacing Atlantic Hills Drive, Superior Court, Erie Court, Huron Court, and Michigan Court all within Lakeside Estates, has been programmed for 2004 in the City's 5-Year Capital Improvement Program. In January, 2003, advanced notices of this pending capital improvement were sent to all affected property owners. • On June 3, 2003, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule of the rehabilitation of the streets within Lakeside Estates, located east of Dodd Road between Diffley Road and Cliff Road. • On November 6, 2003, the feasibility report for Project 896 was presented to the City Council and a Public Hearing was scheduled for December 1 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on November 24 in the City Hall Community Room for the adjacent property owners and representatives to discuss the proposed improvements. Of the 47 total residential properties proposed to be assessed under this improvement, 4 persons representing 3 properties (6%) attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report , pagesq4 through • Neighborhood Meeting Minutes, pages through. `1-3 city of eagan Report for Lakeside Estates Neighborhood Street Revitalization City Project No. 896 Eagan, Minnesota December, 2003 401? PAT GEAGAN Mayor PEGGY CARLSON CYNDEE FIELDS MIKE MAGUIRE MEG TILLEY Council Members city of aagan Mayor and City Council: THOMAS HEDGES City Administrator Municipal Center. 3830 Pilot Knob Road Eagan, MN 55122-1897 Phone: 651.675.5000 Fax: 651.675.5012 TDD: 651.454.8535 Maintenance Facility: 3501 Coachman Point Eagan, MN 55122 Phone: 651.675.5300 Fax: 651.675.5360 TDD: 651.454.8535 www.ciryofeagan.com THE LONE OAK TREE The symbol of strength and growth in our community Reviewed 26, 2003 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Lakeside Estates Street Improvements City Project No. 896 Attached is our report for the Lakeside Estates - Street Improvements, City Project No. 896. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. Sincerely, f Pohn P. Gorder Assistant City Engineer of Public Reviewed Finance Dept. Arl- I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. I, John P. Gorder Date: / ' 26 , 0 3 Reg. No. 22 813 Date: / / /Z do-3 Date: k-?"5-0 TABLE OF CONTENTS Letter of Transmittal/Certification Table of Contents Page Introduction .......................................................................................................2 Scope ................................................................................................................. 3 Feasibility and Recommendations ..............................................................................4 Street Evaluation .................................................................................................. 4 Proposed Improvements ..........................................................................................5 Easements/Permits ................................................................................................ 6 Cost Estimate ....................................................................................................... 7 Assessments ........................................................................................................ 7 Low Density Residential ............................................................................... 7 Assessment Financing Options ................................................................................. 8 Revenue Source ................................................................................................... 8 Project Schedule ....................................................................................................9 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - I Location Map - 2 Street Improvement/Assessment Area Map - 3 Typical Section - Overlay December 2003 Street Improvement Report Lakeside Estates Eagan, Minnesota Introduction/ History As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The approximately 0.5 miles of 32' wide streets within the Lakeside Estates neighborhood area are identified for street overlay improvements in 2004. Figure 1, located in Appendix C, illustrates the project location. The streets were constructed in 1979 in conjunction with extending utilities into this existing neighborhood. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed at 5 to 7 years, again at 12 to 14 years with a bituminous overlay at approximately 20 years. Overlaying these roadways located within the project area, which are presently at the 20+ year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the pavement. The City of Eagan's 2 47 maintenance records indicate that the streets in the project area were constructed in 1980 with a crack seal in 1990 and then most recently seal coated in 1992. Michigan Ct. was sealed coated again in 1995. The Public Works maintenance program typically includes extensive patching and crack sealing during the summer prior to the overlay. During the past few construction seasons, the Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced several deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration. These repairs alone will not substantially extend the life expectancy of the street pavements if not combined with the proposed bituminous overlay proposed with this project. (See example photo) Ir i y r r 7 {. c Example of City Pavement Preparatory Maintenance Area The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) in the project area and determined the system is in good working order and that no major repairs are necessary. Scope This project provides for resurfacing (edge mill and overlay) approximately 0.5 miles of roadways. Figure 2, located in Appendix C, illustrates the project area. Also included in this project are replacement of the damaged curb and gutter, and adjustments to sanitary/storm sewer utility castings and water gate valves. Feasibility and Recommendations This project is necessary to prevent further decay of the pavement section, create a safer driving surface, increase ride ability and add structural strength. This project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of these streets. This project is feasible from an engineering standpoint in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2004 - 2008) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the area. Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The 4 .49 Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI Recommended Improvement 56 - 100 Routine Maintenance/Crack Seal/Seal Coat 3 6 - 55 Patch/Repair and/or Overlay 0035 Reconstruct The 2003 PCI rankings for Lakeside Estates discussed in this report has a neighborhood weighted average pavement condition rating of 54 which falls within the upper limits of the "Patch/Repair and/or Overlay" category. Therefore, the 2004 construction season is the optimal time to construct the bituminous overlay on these streets. 5 60 AM Owl a f _ ?_, cam! rr S:w -- c y , , Typical Street Condition - Atlantic Hill Drive, Lakeside Estates Proposed Improvements Pavement - The proposed street improvements are shown in Figure 3. The existing street sections consist of a 3" bituminous pavement supported by 4" - 12" gravel base. The existing bituminous surface will be milled adjacent to the existing curb and gutter (6'-8' wide) to accommodate a 1 V2-inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for a residential street. The combination of patching, and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. 6 Si Concrete curb & gutter - Damaged curb and gutter will be replaced if severely cracked, spalled or settled. It is estimated that approximately 15% (0.23miles) of the existing concrete curb and gutter will have to be replaced. Boulevard sod will be removed and replaced by a 2' wide roll behind each section of curb and gutter that is repaired. While the contractor who performs the work is responsible for it's establishment in the first 20 days after placement, adjacent residents are encouraged to consistently water the new sod to help ensure its growth. Signage - Traffic control and street identification signage will be replaced if the reflectivity has diminished or supports posts have deteriorated, or if the signs or posts no longer meet City standards. Example of a recent street overlay project in Eagan (Oak Chase 7 Mar East, 2002) Easement/Permits All work will be in the public right-of-way. No additional easements will be necessary. It is anticipated that no permits will be required for the resurfacing project. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2004 construction costs and include a 5% contingency and indirect cost of 30%, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: • Edge Mill and Overlay ..............................................$65,000 • Repair Existing Concrete Curb & Gutter ..................$36,410 Total ............$101,410 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for local streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Mill and Overlay • Low Density Residential (R-1,2,3) 50% 50% • Neighborhood Parks (P) 50% 50% Repair Existing Concrete Curb and Gutter 0% 100% S73 Low Density Residential Lots (R-1, R-2, or R-3)/ Neighborhood Park This neighborhood consists entirely of single-family residential homes and a neighborhood park (Kettle Park). All residential equivalent properties (47 single-family lots plus 3 lot equivalents for Kettle Park) as shown on Figure 2, having driveway access on to the streets to be improved are proposed to be assessed. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for residential properties and are based on a normal residential width street (32 feet.) The estimated cost per residential lot to be assessed based on the City Assessment Policy is $650 per Single Family Lot and is calculated as follows: 1) $65,000 (Total Mill & Overlay Cost) x 50%] = $32,500 (Total Residential Assessment (R-1) 2) $32,500 (Total Single Family Residential Assessment) 4 $650/ lot 50 Equivalent Single Family Residential Lots Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule will result for a single-family home based on an estimated 5.5% interest for the assessed amounts: Single Family Residential Lot = $650 Principal Interest Cost Per Year Per Year Per Year First Year $130 $36 $166 Fifth Year $130 $7 ?- $137 9 5SL Revenue Source A summary of revenue sources is listed below: Project Property City Cost Assessment Contribution Mill and Overlay $65,000 $32,500 ($32,500) Repair Existing Curb $36,410 -0- 636,410) Total $101,410 $32,500 ($68,910) The City's Major Street Fund will finance the estimated project deficit of $68,910 (68% of total Proiect Schedule Present Feasibility Report to City Council/ Order Public Hearing ........................................................November 6, 2003 Neighborhood Meeting ......................................................................November 24, 2003 Public Hearing ........................................................................ December 1, 2003 Approve Plans and Specifications .................................................................. January, 2004 Award Contract ............................................................................. February, 2004 Project Completion ................................................................................July 31, 2004 Final Cost Report .......................................................................... September, 2004 Final Assessment Hearing ..................................................................................... Fall, 2004 First Payment Due with Property Tax Statement .................................... May 15, 2005 10 Appendix A -Street Overlay - City Project No. 896 Preliminary Cost Estimate Lakeside Estates 1. Bituminous Street Overlay Item Unit Est. Qty. Unit Price Est. Cost Mobilization L.S. 1 $2,500.00 $2,500 Mill Bituminous Pavement S.Y. 5400 $1.15 $6,210 Type 41 Wear Course Mixture Ton 900 $34.00 $30,600 Bituminous Material for Tack Coat Gal. 510 $1.50 $770 Adjust Valve Box Each 4 $150.00 $600 Adjust Frame & Ring Casting (Manhole) Each 14 $260.00 $3,640 Traffic Control L.S. 1 $2,000.00 $2,000 Replace Street & Traffic Sips L.S. 1 $1,300.00 $1,300 Subtotal $47,620 +5% Contingencies $2,380 Subtotal $50,000 + 30% Indirect Costs $15,000 TOTAL $65,000 II. Repair Existing Concrete Curb & Gutter Item Unit Est. Qty. Unit Price Est. Cost Remove Concrete Curb and Gutter L.F. 1200 $4.00 $4,800 D412 Concrete Curb and Gutter L.F. 1200 $15.00 $18,000 Adjust Frame & Ring Casting (C.B) Each 3 $200.00 $600 Sod w/Topsoil S.Y. 320 $6.50 $2,080 Bituminous Driveway Patching S.Y. 80 $15.00 $1,200 Subtotal $26,680 +5% Contingencies $1,330 Subtotal $28,010 + 30% Indirect Costs $8,784.00 TOTAL TOTAL PROJECT COST $36,410 $101,410 Appendix B - City Project No. 896 Preliminary Assessment Roll Lakeside Estates Street Improvements Unit Parcel P.I.N. Units Assessment Total Outlot A - Lakeside Estates Kettle Park (City Park) 10-44300-010-00 3 $650 $650 Lakeside Estates-Atlantic Hill Dr. Block 1 667Atlantic Hill Dr. 10-44300-010-01 1 $650 $650 659 Atlantic Hill Dr. 10-44300-020-01 1 $650 $650 653 Atlantic Hill Dr. 10-44300-034-01 1 $650 $650 647 Atlantic Hill Dr. 10-44300-040-01 1 $650 $650 641 Atlantic Hill Dr. 10-44300-050-01 1 $650 $650 633 Atlantic Hill Dr. 10-44300-062-01 1 $650 $650 627 Atlantic Hill Dr. 10-44300-072-01 1 $650 $650 619 Atlantic Hill Dr. 10-44300-080-01 1 $650 $650 613 Atlantic Hill Dr. 10-44300-090-01 1 $650 $650 607 Atlantic Hill Dr. 10-44300-100-01 1 $650 $650 599 Atlantic Hill Dr. 10-44300-110-01 1 $650 $650 593 Atlantic Hill Dr. 10-44300-120-01 1 $650 $650 587 Atlantic Hill Dr. 10-44300-130-01 1 $650 $650 581 Atlantic Hill Dr. 10-44300-140-01 1 $650 $650 573 Atlantic Hill Dr. 10-44300-150-01 1 $650 $650 553 Atlantic Hill Dr. 10-44300-160-01 1 $650 $650 547 Atlantic Hill Dr. 10-44300-170-01 1 $650 $650 541 Atlantic Hill Dr. 10-44300-180-01 1 $650 $650 Subtotal 21 Block 2 Units Assessment Total 670 Atlantic Hill Dr. 10-44300-010-02 1 $650 $650 662 Atlantic Hill Dr. 10-44300-020-02 1 $650 $650 656 Atlantic Hill Dr. 10-44300-030-02 1 $650 $650 650 Atlantic Hill Dr. 10-44300-040-02 1 $650 $650 648 Superior Ct. 10-44300-070-02 1 $650 $650 646 Su erior Ct. 10-44300-070-02 1 $650 $650 644 Superior Ct. 10-44300-080-02 1 $650 $650 642 Atlantic Hill Dr. 10-44300-101-02 1 $650 $650 630 Atlantic Hill Dr. 10-44300-111-02 1 $650 $650 628 Erie Ct. 10-44300-131-02 1 $650 $650 622 Erie Ct. 10-44300-142-02 1 $650 $650 620 Erie Ct. 10-44300-151-02 1 $650 $650 618 Erie Ct. 10-44300-172-02 1 $650 $650 604 Atlantic Hill Dr. 10-44300-181-02 1 $650 $650 598 Huron Ct. 10-44300-190-02 1 $650 $650 596 Huron Ct. 10-44300-200-02 1 $650 $650 594 Huron Ct. 10-44300-210-02 1 $650 $650 592 Atlantic Hill Dr. 10-44300-232-02 1 $650 $650 584 Atlantic Hill Dr. 10-44300-241-02 1 $650 $650 580 Michigan Ct. 10-44300-260-02 1 $650 $650 582 Michigan Ct. 10-44300-250-02 1 $650 $650 578 Michigan Ct. 10-44300-330-02 1 $650 $650 576 Michigan Ct. 10-44300-270-02 1 $650 $650 574 Michigan Ct. 10-44300-280-02 1 $650 $650 572 Atlantic Hill Dr. 10-44300-290-02 1 $650 $650 568 Atlantic Hill Dr. 10-44300-301-02 1 $650 $650 564 Atlantic Hill Dr. 10-44300-311-02 1 $650 $650 550 Atlantic Hill Dr. 10-44300-322-02 1 $650 $650 546 Atlantic Hill Dr. 10-44300-321-02 1 $650 $650 Subtotal 29 TOTALS 50 $32,500 G:Feasibility Reports2004\Lokeside Estates - 696/location mop 10-28-03 Lakeside Estates Street Improvements Location Map Fig. 1 c City of Eagan City Proiect - 896 $ N 0 LL Cl) N Cl) to ?p IA 7= Cl tr) Ul cu "M ,• cu ir) 9 N 1 N ° I 1 o W N ¢ %O N N m o P in E W CU of I N O cu cu 0 u cu cu N N O w cu O 1 n a E E i IN co ID Q as LO U) CO a, N ¢ - LO 140ini i U) - --- V C, CD a% ----- - Ca ° ) ---- - 7/ ID %0 in w 1 1 N N m CD W ° cu ° '0 N D fn 1 aO? t . I N 1 10 ' I c 1 00 `. N 1 J 1 11 -3 . (U ( cul %D cu 0 1 M ? 1 N ID N / z ? Q ' c N MQ %D ?D co 1 _ 1 / M X10 CM) ,? Q dns / ON ID N / % M to co cu ID (U N %D s C Ob Q w O W 0 O (fj/?/J C) ' EX. D412 CURB 3.5" BITUMINOUS SURFACE & GUTTER 10" CL. 5 GRAVEL BASE Existing Typical Section EDGE MILL I - (6'-B' wide) Typ. 32' (F-F) 11/2' TYPE 41 BITUMINOUS OVERL Y REPLACE EX. CURB & GUTTER AS DIRECTED BITUMINOUS TACK COAT 3.5" BITUMINOUS SURFACE 10" GRAVEL BASE Bituminous Street Overlay Proposed Typical Section 1 G_FeasibilityReports2004/LakesideEstates - 896\typical sections 10-22-03 Lakeside Estates Fig. 3 City of Eagan Typical Sections - Project 896 (01 CITY PROJECT NO 896 INFORMATIONAL NEIGHBORHOOD MEETING LAKESIDE ESTATES STREET IMPROVEMENTS MONDAY, NOVEMBER 24, 2003 6:30 P.M. COMMUNITY ROOM Attendance: John Gorder, Assistant City Engineer, 4 persons representing 3 properties (see attached sign-in sheet). A. Presentation of Project Details • Gorder welcomed the resident and provided a brief project presentation, including details such as construction, costs, schedule and assessments. B. Questions! Comments Are the lots in the cul-de-sacs that combined from 4 lots to 3 being charged more? No. Each lot is assessed on a single lot basis per each property ID number, regardless of the size of the lot. How will access to our driveways be affected? There will be minimal disruption to access. If the curb & gutter needs to be replaced in front of a driveway, residents will be asked to park on .the street for a few days while that concrete cures. Otherwise, full access, with short disruptions, will be provided during the rest of the construction. How long will the project last? Similar projects have lasted about 1 '/2 to 2 months. The meeting adjourned at 6:55 p.m. F:\GROUP\ENGINEER\Russ Matthys\'03\Misc\Minutes - 896 lakesideestates.doc tp a NEIGHBORHOOD MEETING LAKESIDE ESTATES ADDITION PROJECT 896 MONDAY, NOVEMBER 24, 2003 - 6:30 P.M. NAME ADDRESS - cam 3 ?. t l 1ST . .J / 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G:FORMS/SIGN-IN.Sheet (L3 Agenda Information Memo December 1, 2003 Eagan City Council Meeting D. PROJECT 897, WILDERNESS PARK 2ND & 3'D ADDITIONS STREET OVERLAY ACTION TO BE CONSIDERED: Approve Project 897 (Wilderness Park 2d & 3d Additions - Street Overlay) and authorize the preparation of detailed plans and specifications. REQUIRED VOTE FOR APPROVAL: 4/5th of all Council Members FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past fourteen years, the City has rehabilitated approximately 63 miles of local streets. • The resurfacing of Aquarius Lane, Orion Lane, Andromeda Way, Kauftnanis Way, Capricorn Court, Leo Court, Aries Court, and Lyra Court all within Wilderness Park 2d & 3rd neighborhood, has been programmed for 2004 in the City's 5-Year Capital Improvement Program. In January, 2003, advanced notices of this pending capital improvement were sent to all affected property owners. • On June 3, 2003, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule of the rehabilitation of the streets within Wilderness Park 2nd & 3rd Additions, located north of Wilderness Run Rd. and west of Lexington Avenue. • On November 6, 2003, the feasibility report for Project 897 was presented to the City Council and a Public Hearing was scheduled for December 1 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on November 24 in the City Hall Community Room for the adjacent property owners and representatives to discuss the proposed improvements. Of the 84 total residential properties proposed to be assessed under this improvement, 5 persons representing 5 properties (6%) attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: _ • Feasibility Report, pages] through e 4l. • Neighborhood Meeting Minutes, pages through. 41 city of eagan Report for Wilderness Park 2nd & 3rd Additions Neighborhood Street Revitalization City Project No. 897 ' in t. f k : - ? :SU j Y 4 cr.? f4 w .'ZSy YZT wry Y '!r?. 4_ Y ? rCu ?.t y? ?- -• :?' e ; `+ `1 a 1 ?aF ?^{C ?'-? ,J k,?!`- y?y? ._ r r . . j Eagan, Minnesota December, 2003 66 A city of eagan PAT GEAGAN Mayor PEGGY CARLSON CYNDEE FIELDS MIKE MAGUIRE MEG TILLEY Council Members November 26, 2003 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Wilderness Park Zed & 3rd Additions Street Improvements City Project No. 897 Mayor and City Council: THOMAS HEDGES City Administrator Municipal Center: 3830 Pilot Knob Road Eagan, MN 55122-1897 Phone: 651.675.5000 Fax: 651.675.5012 TDD: 651.454.8535 Maintenance Facility: 3501 Coachman Point Eagan, MN 55122 Phone: 651.675.5300 Fax: 651.675.5360 TDD: 651.454.8535 www.ciryofeagan.com THE LONE OAK TREE The symbol of strength and growth in our community Attached is our report for the Wilderness Park 2nd & 3rd - Street Improvements, City Project No. 897. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. Sincerely, &P. Gorder Assistant City Engineer )ept. of Publi orks Leviewed By: 'finance Dept. W I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. John P. Gorder Date: 11-2&-03 Reg. No. 22813 Date: & 6Z Z/U Date: 1 I ° Z 7 TABLE OF CONTENTS Letter of Transmittal/Certification Table of Contents Page Introduction .................................................................................... ...........2 Scope ................................................................................................................. 4 Feasibility and Recommendations ..............................................................................4 Street Evaluation .................................................................................................. 5 Proposed Improvements ..........................................................................................5 Easements/Permits ................................................................................................ 7 Cost Estimate ....................................................................................................... 7 Assessments ........................................................................................................ 7 Low Density Residential ............................................................................... 8 Assessment Financing Options ................................................................................. 8 Revenue Source ................................................................................................... 9 Project Schedule ....................................................................................................10 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2 Street Improvement/Assessment Area Map - 3 Typical Section - Overlay ('7 December 2003 Street Improvement Report Wilderness Park 2nd & 3rd Addition Eagan, Minnesota Introduction/ Histo As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The approximately 0.9 miles of 32' wide streets within the Wilderness Park 2"d & 3rd neighborhood area are identified for street overlay improvements in 2004. Figure 1, located in Appendix C, illustrates the project location. The streets within Wilderness Park 2d were constructed in 1978, and the streets within Wilderness Park 3rd were built in 1982, both as part of adjacent development. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed at 5 to 7 years, again at 12 to 14 years with a bituminous overlay at approximately 20 years. Overlaying these roadways located within the project area, which are presently in the 22 to 25 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. 2 'w Ct9 Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the street pavements. Both Wilderness Park 2"d and 3rd were seal coated in 1988 and most recently 1995. The Public Works maintenance program typically includes patching and crack sealing during the summer prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, if necessary. These repairs alone will not substantially extend the life expectancy of the street pavements if not combined with the proposed bituminous overlay proposed with this project. (See example photo) (,93 Example of City Street Pavement Preparatory Maintenance Area at Kaufmanis Way (Crack-sealing) The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) in the project area and determined the system is in good working order and that no major repairs are necessary. Scope This project provides for resurfacing (edge mill and overlay) approximately 0.9 miles of roadways. Figure 2, located in Appendix C, illustrates the project area. Included in this project are replacement of the damaged curb and gutter, adjustments and/or replacement to sanitary/storm sewer utility castings, and water gate valves. Also included is the installation of additional storm sewer catch basin structures at the low point of Orion Lane. Feasibility and Recommendations This project is necessary to prevent further decay of the pavement section, create a safer driving surface, increase ride ability and add structural strength. This project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of these streets. This project is feasible from an engineering standpoint in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2004 - 2008) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the area. 4 76 Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI Recommended Improvement 56 100 ( Routine Maintenance/Crack Seal/Seal Coat 36 - 55 Patch/Repair and/or Overlay 0 - 35 Reconstruct The 2003 PCI rankings for Wilderness Park 2°d and 3rd has a neighborhood weighted average pavement condition rating of 63 which falls in the lower rankings of the "Routine Maintenance/Crack Seal/Seal Coat" category mostly because of the preparatory maintenance performed by City crews, as mentioned above. The PCI ratings are just above the "Patch/Repair and/or Overlay" category. The street pavements have reached an age where, based on the City's past experience, the integrity of the pavement can rapidly decline if no improvements are performed. Therefore, the 2004 construction season is the optimal time to construct the bituminous overlay on these streets. The project can be delayed until the PCI ratings fall further into the "Patch/ Repair and/or Overlay" category, however, if it is delayed, the structural benefit to the pavements may be reduced. Proposed Improvements Pavement - The proposed street improvements are shown in Figure 3. The existing street sections consist of a 3" bituminous pavement supported by 4" - 12" gravel base. The existing bituminous surface will be milled adjacent to the existing curb and gutter (6'-8' wide) to accommodate a 1 %2-inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for a residential street. The combination of patching, and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Concrete curb & gutter - Damaged curb and gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 14% (1.88 miles) of the existing concrete curb and gutter will have to be replaced. Boulevard sod will be removed and replaced by a new 2' wide roll behind each section of curb and gutter that is replaced. While the contractor who performs the work is responsible for it's establishment in the first 30 days after placement, adjacent residents are encouraged to consistently water the new sod to help ensure its growth. Storm Sewer Catch Basins - The low point of Orion Lane (near 4353 Orion) has experienced some localized street flooding, likely due to a lack of catch basin structures to capture the storm runoff into the sewer pipe system. Under this project, it is proposed to construct two additional catch basin structures at the low point of Orion Lane. Signage - Traffic control and street identification signage will be replaced if the reflectivity has diminished or supports posts have deteriorated, or if the signs or posts no longer meet City standards. 7a Example of a recent street overlay project in Eagan (Oak Chase 6`h/Ches Mar East, 2002) Easement/Permits All work will be in the public right-of-way. No additional easements will be necessary. It is anticipated that no permits will be required for the resurfacing project. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2004 construction costs and include a 5% contingency and indirect cost of 30%, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: • Edge Mill and Overlay ............................................$101,000 • Repair Existing Concrete Curb & Gutter ..................$51,120 • Storm Sewer ............................................................... $8,810 Total ...........$160,930 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for local streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Mill and Overlay • Low Density Residential (R-1,2,3) 50% 50% Repair Existing Concrete Curb and Gutter 0% 100% Storm Sewer 0% 100% 7 13 Low Density Residential Lots (R-1, R-2, R-3) This neighborhood consists entirely of single-family residential homes. All residential equivalent properties (84 single-family lots) as shown on Figure 2, having driveway access on to the streets to be improved are proposed to be assessed. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for residential properties and are based on a normal residential width street (32 feet.) The estimated cost per residential lot to be assessed based on the City Assessment Policy is $601 per Single Family Lot and is calculated as follows: 1) $101,000 (Total Mill & Overlay Cost) x 50%] = $50,500 Total Residential Assessment (Rl) 2) $50,500 (Total Single Family Residential Assessment) -> $601/ lot 84 Equivalent Single Family Residential Lots Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule will result for a single-family home based on an estimated 5.5% interest for the assessed amounts: Single Family Residential Lot = $601 Principal Per Year Interest Per Year Cost Per Year First Year $120 $33 $153 Fifth Year $120 $7 $127 11 8 774 Revenue Source A summary of revenue sources is listed below: Project Cost Property Assessment City Contribution Mill and Overlay $101,000 $50,500 ($50,500) Repair Existing Curb $51,120 -0- ($51,120) Storm Sewer $8,810 -0- ($8,810) Totals $160,930 $50,500 ($110,430) The City's Major Street and Storm Sewer Utility Funds will finance the estimated project deficit of $110,430 (69% of total). 9 Proiect Schedule Present Feasibility Report to City Council/ Order Public Hearing ........................................................November 6, 2003 Neighborhood Meeting ......................................................................November 24, 2003 Public Hearing ........................................................................ December 1, 2003 Approve Plans and Specifications .................................................................. January, 2004 Award Contract ............................................................................. February, 2004 Project Completion ................................................................................July 31, 2004 Final Cost Report .......................................................................... September, 2004 Final Assessment Hearing ..................................................................................... Fall, 2004 First Payment Due with Property Tax Statement .................................... May 15, 2005 10 Appendix A -Street Overlay - City Project No. 897 Preliminary Cost Estimate Wilderness Park 2d & 3`d Additions 1. Bituminous Street Overlay Item Unit Est. Qt Y. Unit Price Est. Cost Mobilization L.S. 1 $2,500.00 $2,500 Mill Bituminous Pavement S.Y. 7270 $1.15 $8,360 Type 41 Wear Course Mixture Ton 1500 $34.00 $51,000 Bituminous Material for Tack Coat Gal. 1000 $2.00 $2,000 Adjust Valve Box Each 11 $150.00 $1,650 Adjust Frame & Ring Casting (Manhole) Each 23 $260.00 $5,980 Traffic Control L.S. 1 $2,000.00 $2,000 Replace Traffic & Street Signs L.S. 1 $500.00 $500 Subtotal $73,990 +5% Contingencies $3,700 Subtotal $77,690 + 30% Indirect Costs $23,310 TOTAL $101,000 II. Repair Existing Concrete Curb & Gutter Item Unit Est. Qt Y. Unit Price Est. Cost Remove Concrete Curb and Gutter L.F. 1400 $4.00 $5,600 D412 Concrete Curb and Gutter L.F. 1400 $15.00 $21,000 7" Concrete Valley Gutter S.Y. 45 $50.00 $2,250 Adjust Frame & Ring Casting (C.B) Each 12 $200.00 $2,400 Sod w/Topsoil S.Y. 380 $10.00 $3,800 Bituminous Driveway Patching S.Y. 100 $24.00 $2,400 Subtotal $37,450 +5% Contingencies $1,870 Subtotal $39,320 + 30% Indirect Costs $11,800 TOTAL $51,120 1- III. Storm Sewer Est. Unit Est. Item Unit Qty. Price Cost Connect to Ex. Catch Basin Each 2 $1,000.00 $2,000 12" RCP Storm Sewer Pipe LF L.F. 10 $45.00 $450 Catch Basin w/ casting Each 2 $2,000.00 $4,000 Subtotal $6,450 + 5% Contingencies $325 Subtotal $6,775 + 30% Indirect Costs TOTAL $2,035 $8,810 TOTAL PROJECT COST $160,930 '?8 Appendix B - City Project No. 897 Preliminary Assessment Roll Wilderness Park 2"d & 3rd Additions Street Overlay Parcel (Single Family) P.I.N. Lot Equivalent Unit Assessment Total Wilderness Park 2nd 1125 Aquarius Lane 10-84251-250-04 _ 1 $601 $601 1130 Aquarius Lane 10-84251-200-01 1 $601 $601 1136 Aquarius Lane 10-84251-190-01 1 $601 $601 1139 Aquarius Lane 10-84251-110-03 1 $601 $601 1142 Aquarius Lane 10-84251-180-01 1 $601 $601 1145 Aquarius Lane 10-84251-010-03 1 $601 $601 1148 Aquarius Lane 10-84251-170-01 1 $601 $601 1154 Aquarius Lane 10-84251-160-01 1 $601 $601 1155 Aquarius Lane 10-84251-180-02 1 $601 $601 1160 Aquarius Lane 10-84251-150-01 1 $601 $601 1165 Aquarius Lane 10-84251-010-02 1 $601 $601 1166 Aquarius Lane 10-84251-140-01 1 $601 $601 1172 Aquarius Lane 10-84521-130-01 1 $601 $601 4305 Orion Lane 10-84251-010-01 1 $601 $601 4310 Orion Lane 10-84251-100-02 1 $601 $601 4313 Orion Lane 10-84251-020-01 1 $601 $601 4320 Orion Lane 10-84251-090-02 1 $601 $601 4321 Orion Lane 10-84251-030-01 1 $601 $601 4328 Orion Lane 10-84251-080-02 1 $601 $601 4329 Orion Lane 10-84251-040-01 1 $601 $601 4336 Orion Lane 10-84251-070-02 1 $601 $601 4337 Orion Lane 10-84251-050-01 1 $601 $601 4344 Orion Lane 10-84251-060-02 1 $601 $601 4345 Orion Lane 10-84251-060-01 1 $601 $601 4352 Orion Lane 10-84251-050-02 1 $601 $601 4353 Orion Lane 10-84251-070-01 1 $601 $601 4360 Orion Lane 10-84251-040-02 1 $601 $601 4361 Orion Lane 10-84251-080-01 1 $601 $601 4368 Orion Lane 10-84251-030-02 1 $601 $601 4369 Orion Lane 10-84251-090-01 1 $601 $601 4376 Orion Lane 10-84251-020-02 1 $601 $601 4377 Orion Lane 10-84251-100-01 1 $601 $601 4385 Orion Lane 10-84251-110-01 1 $601 $601 4393 Orion Lane 10-84251-120-01 1 $601 $601 4276 Lyra Court 10-84251-010-04 1 $601 $601 4280 Lyra Court 10-84251-020-04 1 $601 $601 4284 Lyra Court 10-84251-030-04 1 $601 $601 4288 Lyra Court 10-84251-040-04 1 $601 $601 4294 Lyra Court 10-84251-050-04 1 $601 $601 4300 Lyra Court 10-84251-060-04 1 $601 $601 4304 Kaufmanis Way 10-84251-070-04 1 $601 $601 4315 Kaufmanis Way 10-84251-110-02 1 $601 $601 4322 Kaufmanis Way 10-84251-130-04 1 $601 $601 4325 Kaufmanis Way 10-84251-060-03 1 $601 $601 4345 Kaufmanis Way 10-84251-070-03 1 $601 $601 4350 Kaufmanis Way 10-84251-200-04 1 $601 $601 4356 Kaufmanis Way 10-84251-210-04 1 $601 $601 4363 Kaufmanis Way 10-84251-080-03 1 $601 $601 4364 Kaufmanis Way 10-84251-220-04 1 $601 $601 4371 Kaufmanis Way 10-84251-090-03 1 $601 $601 4372 Kaufmanis Way 10-84251-230-04 1 $601 $601 4379 Kaufmanis Way 10-84251-100-03 1 $601 $601 4380 Kaufinanis Way 10-84251-240-04 1 $601 $601 4308 Aries Court 10-84251-080-04 1 $601 $601 4312 Aries Court 10-84251-090-04 1 $601 $601 4314 Aries Court 10-84251-100-04 1 $601 $601 4316 Aries Court 10-84251-110-04 1 $601 $601 4318 Aries Court 10-84251-120-04 1 $601 $601 4326 Leo Court 10-84251-140-04 1 $601 $601 4330 Leo Court 10-84251-150-04 1 $601 $601 4334 Leo Court 10-84251-160-04 1 $601 $601 4338 Leo Court 10-84251-170-04 1 $601 $601 4342 Leo Court 10-84251-180-04 1 $601 $601 4346 Leo Court 10-84251-190-04 1 $601 $601 4335 Andromeda Way 10-84251-120-02 1 $601 $601 4343 Andromeda Way 10-84251-130-02 1 $601 $601 4350 Andromeda Way 10-84251-050-03 1 $601 $601 4351 Andromeda Way 10-84251-140-02 1 $601 $601 4359 Andromeda Way 10-84251-150-02 1 $601 $601 4360 Andromeda Way 10-84251-040-03 1 $601 $601 SO 4367 Andromeda Way 10-84251-160-02 1 $601 $601 4368 Andromeda Way 10-84251-030-03 1 $601 $601 4375 Andromeda Way 10-84251-170-02 1 $601 $601 4376 Andromeda Way 10-84251-020-03 1 $601 $601 Parcel (Single Family) P.I.N. Lot Equivalent Unit Assessment Total Wilderness Park 3rd 1124 Aquarius Lane 10-84252-010-01 1 $601 $601 4365 Capricorn Court 10-84252-050-02 1 $601 $601 4374 Capricorn Court 10-84252-040-02 1 $601 $601 4375 Capricorn Court 10-84252-060-02 1 $601 $601 4383 Capricorn Court 10-84252-070-02 1 $601 $601 4384 Capricorn Court 10-84252-030-02 1 $601 $601 4392 Capricorn Court 10-84252-020-02 1 $601 $601 4395 Capricorn Court 10-84252-020-01 1 $601 $601 4398 Capricorn Court 10-84252-010-02 1 $601 $601 TOTALS 84 $50,500 91 J BB GT' BB.K OLL EAF Be ??RL tv CSR A. z 0 z x w NORTHVIEW L ) U DIFFLEY ROAD cn LN. (CO. RD. 30) Project Location 2 LN. LEX. DIFF. PA-rP?CK ROAD? 2 z LE IC FAC. CO CARLS? G 1LSA z J -LAKE 1?,5 WII PARK Q,\G? ING' 1ON LEX G1 ?O z WALNUT E• BALSAM "? o G O R• w z u) i z Q ° GAT z u H L w z > z o o r Z Q C) z ° ¢ P CARLSON ° Z LAKE o z Q U RK LN. c LOERNES RUN RD. AQUARIUS WI w 2 7 F 22 d OAK 3( CHASE RK ?\??P ?? T1F ANY O wI LDERh PA v O,Q'4?t Q FP?? G? Q? R EDGEWOOL =RNESS L) NORTH LN. CHASE Oq? O \ Q ,`. ?' ?c S RAVINE Q 28 ?' ?• DGEWOO[ RNESS O? ?? Y vN PARK SOUTH CURVE o (LINDE ?`I???1 LI V B`RCHCREST .EAF D Qp,? CIR. CIR. • cqB Q 10-22- G :Feasibility ty Reports2004\Wilderness Park 2nd & 3rd - 897/location mop Wilderness Park 2nd & 3rd Additions Location Map Fig. 1 City of Eagan City Project - 897 PATRICK EAGAN PARK ? ? rn 4329 4328 17 4338 4326 4 8 14 17 4337 4336 4335 4342 5 7 1 18 ?- 432 4346 ? 4345 6 =:z4344 4343 6 19 4350 ? 13 20 - 4353 4351 4350 4345 'r 1 7 5 2 14 W 5 7 4356 21 4361 4360 4359 0 4360 4i 4363 4364 SEE 8 4 a 3 6 L O LO ABOVE 4367 Z 4365 2 5 C) 4355 4368 4366 4371 4372 3 16 3 9 23 10 4376 4375 4376 4375 4379 4380 6 374 4 4377 2 17 2 10 24 4385 1165 7155 1145 1139 1125 4383 4384 X 11 1 18 ? 11 25 7 Q 3 4393 4392 2 12 A AR S 1 1172 1166 1160 1154 1148 1142 1136 1130 1124 4395 • 4398 13 14 15 16 17 18 19 20 1 2 Wilderness Run Road G:Feosibilit Reports2003\%Iderness Pork 2nd do 3rd st_imp do area assess mop 10-22-03 Wilderness Park 2nd & 3rd Additions Street Improvements / Area Assessment Map Fig. 2 City of Eagan City Project 897 3 60' ROW ' EX. D412 CURB 3.5" EX. BITUMINOUS SURFACE & GUTTER 10" AGGREGATE BASE Existing Typical Section 0' R 32' (F-F EDGE MILL 1 (6'-8' wide) Typ. 11/2" TYPE 41 BITUMINOUS OVERLAY REPLACE EX. CURB & GUTTER AS DIRECTED BITUMINOUS TACK COAT 3.5" EX. BITUMINOUS SURFACE 10" AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section G:FeasibilityReports2004/Wilderness Park 2nd & 3rd - 897\typical sections 11-24-03 Wilderness Park 2nd & 3rd Additions Fig. 3 ,;?>City of Eagan Typical Sections - Project 897 CITY PROJECT NO 897 INFORMATIONAL NEIGHBORHOOD MEETING WILDERNESS PARK 2ND & 3RD ADDITIONS STREET IMPROVEMENTS MONDAY, NOVEMBER 24, 2003 7:30 P.M. COMMUNITY ROOM Attendance: John Gorder, Assistant City Engineer, 5 persons representing 5 properties (see attached sign-in sheet). A. Presentation of Project Details • Gorder welcomed the resident and provided a brief project presentation, including details such as construction, costs, schedule and assessments. B. Comments/ Questions • It appears that the storm sewer catch basins with the project are shown in the wrong location. They should be about two lots south. Staff will verify the proper location. They should be placed at the lowest point of the street to get the most benefit. • How will access to our driveways be affected? There will be minimal disruption to access. If the curb & gutter needs to be replaced in front of a driveway, residents will be asked to park on the street for a few days while that concrete cures. Otherwise, full access, with short disruptions, will be provided during the rest of the construction. • How long will the project last? Similar projects have lasted about 1 V2 to 2 months. • My driveway was just replaced, how will this project affect that? If the curb & gutter in front of that driveway is in good shape, then no disruption to the new driveway will occur. If the curb needs to be repaired there, a 2 or 3-foot wide driveway patch will be required. The meeting adjourned at 7:50 p.m. F:\GROUP\ENGINEER\Russ Matthys\'03\Misc\1vIinutes - 897 WILD 2&3.doc F,5"' NEIGHBORHOOD MEETING WILDERNESS PARK 2ND & 3RD ADDNS PROJECT 897 MONDAY, NOVEMBER 24, 2003 - 7:30 P.M. NAME ADDRESS 7d l 2. SOnA Cnr t6rP-tcoi ?/O C- II Lane 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G:FORMS/SIGN-IN.Sheet 7 'cr Agenda Information Memo December 1, 2003 Eagan City Council Meeting E. MURPHY FARM 3rd ADDITION (LOTS 18 & 19, BLOCK 1) EASEMENT VACATION ACTION TO BE CONSIDERED: 1) Approve the vacation of public drainage and utility easements on Lots 18 and 19, Block 1, Murphy Farm 3RD Addition subject to the receipt and recording of required replacement easements and authorize the Mayor and City Clerk to execute all related documents, OR 2) Deny the requested vacation of the public easements. REQUIRED VOTE FOR APPROVAL: Majority of Quorum 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 3RD Addition, northwest of the Deerwood Drive overpass and I-35E. • The drainage and utility easements were originally dedicated as part of the Murphy Farm 3RD Addition 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. • All notices have been published in the legal newspaper and sent to all potentially affected private utility owners and/or interested parties informing them of this public hearing. No objections have been received to date. • The request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Legal Description Graphic and location map, page0 and • Petitioner's Letter, page % . 6 Easement to be vacated: HARBOUR Also, The 5.0 foot drainage and utility easement along and parallel to the east property line of Lot 18, Block 1, Murphy Farm 3`d Add., according to the recorded plat thereof excepting the north 5.00 feet and the southerly 10.00 feet of said Lot 19. Lots 18 & 19, Blk. 1, Murphy Farm 3rd Add. 11/14/03 Proposed Easement Vacation City of Eagan I I II I I II r I I I 67 O0 The 5.0 foot drainage and utility easement along and parallel to the west property line of Lot 19, Block 1, Murphy Farm 3d Addn., according to the recorded plat thereof excepting the north 5.0 feet and the southerly 10.00 feet of said Lot 19. Lots 18 & 19, BIk. 1, Murphy Farm 3rd Add. Proposed Easement Vacation 11/10/03 City of Eagan Location Map • arbor I mesa. 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 the vacation of an easement. • a 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 a• new 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 (Aarboi) were already underway in the construction of our new model home on Lot number 19. We (Aarbor) have met and discussed with the homeowners of Lot 18, and Aarbor Homes has agreed to freely give an additional amount of X588 square feet of lanrthat previously was included in the square footage ' ; amount of Lot number 19 (parcel A). By changing the lot lines to both parcels, we (Aarbor) feel-it would be in the best interests of both Lot 18 and 19, to resolve any future ..> } f discrepancies and also request"a petition to vacate •The vacation request= would move the existing easements to coordmate with thenew•lot linesdf y both parcels. 1 t Both requests meet all lot area requirements including setbacks for the R- S t: At j 1 zone. ,jar Oth - n . ., .:....... .. a1f ?ahA d .. ---..:-- - . aLi ..• •..:.A.?_ 't &4. _ _ _ .• .. _....__aar•i,.,«....C .. ,.. . Agenda Information Memo December 1, 2003 Eagan City Council Meeting F. YANKEE DRIVE, RIGHT-OF-WAY VACATION ACTION TO BE CONSIDERED: Deny the vacation of public right-of-way known as Yankee Drive between Yankee Doodle Road and State Trunk Highway 13. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: • On June 10, 2003, City staff received a petition from Ms. Amber VanDyke, United Properties, representing Blue Cross/Blue Shield of Minnesota (BCBS/M), requesting the vacation of the existing Yankee Drive public right-of-way from TH 13 to Yankee Doodle Road in northwest Eagan. • BCBS owns a large majority of the properties adjacent to Yankee Drive. The purpose of the request is to allow the redesign of Yankee Drive as a private street with more parking lot and pedestrian connection between the BCBS properties. • The request would vacate the existing public right-of-way for all of Yankee Drive. In addition to the existing public road, the right-of-way is currently utilized for public and private easement purposes. • On July 15, the City Council continued consideration of this vacation request to September 2 pending a traffic study to be funded by the applicant and the notification of area property owners. • On July 29, City staff met with BCBS representatives and engineers from the City's traffic consultant, SRF Consulting (SRF), to discuss the details of the traffic study. A cost proposal was prepared by SRF and submitted to the City and BCBS. • On Sept. 2, 2003 BCBS representatives requested that consideration of this requested vacation be continued until December 1 to allow further evaluation of the traffic study requirements and BCBS's programmed needs. • On Nov. 19, the City received a letter from BCBS stating that they do not wish to proceed further with this vacation request at this time. ATTACHMENTS. • Letter from BCBS, page q/ BlueCross BlueShield of Minnesota RECEIVED NOV 19 2003 vav November 17, 2003 EAGAN ENGINEERING DEPARTMENT P.O. Box 64560 St. Paul, MN 55164-0560 651.662.8000 1.800.382.2000 www.bluecrossmn.com Mr. Russ Matthys, P.E. City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Vacation of Yankee Drive Right of Way Dear Mr. Matthys: Please cancel the Eagan City Council's consideration for the vacation of the Yankee Drive right-of-way on behalf of Blue Cross Blue Shield of Minnesota. Due to changes in our plans for expansion, we have determined that the vacation of Yankee Drive will not be necessary at this time. However, if it becomes necessary, we would like the option to revisit this action in the future. Thank you for your time and consideration in this matter. Regards, Fred C. Atkinson, CFM Blue Cross and Blue Shield of Minnesota is an independent licensee of the Blue Cross and Blue Shield Association qa, Agenda Information Memo December 1, 2003 Eagan City Council VI. OLD BUSINESS A. VARIANCE - DUANE OLSON ACTION TO BE CONSIDERED: To Approve (Or deny) the motion made by Carlson and seconded by Fields to adopt Findings of Fact for Denial of a request for a 2.5 foot Variance to the required maximum height of 42 inches to construct a 6-foot fence in a front yard on property located at 1250 Cliff Road in the NE'/4 of Section 34. To Approve (Or deny) a request for a 2 foot Variance to the required maximum height of 42 inches to construct a 6-foot fence in a front yard on property located at 1250 Cliff Road in the NE'/4 of Section 34. REQUIRED VOTE FOR APPROVAL: Majority of quorum. FACTS: • On November 6, 2003, the Council approved Reconsideration of the denial and scheduled the item for the November 18, 2003 Council agenda. • The item was continued at the November 18, 2003 meeting to the December 1, 2003 to allow for proper mailed notice to be sent. • 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 neighbors have completed installation of their fences. The fence is a solid wood privacy fence. The fence is proposed to match the neighbors' fences, and it is six feet in height, one-half foot less than the original proposal. • The applicant's 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. Neighboring properties with side yards abutting Cliff Road are permitted a six-foot fence. • The applicant requests the variance to mitigate negative effects on the property resulting from the Cliff Road reconstruction (restore privacy, block headlight glare into the property). 60-DAY STATUS: Deadline is December 22, 2003 ATTACHMENTS (4): OLI City Council minutes from November 6, 2003, page 4 City Council minutes from February 4, 2003, page City Council minutes fro?'?January 21, 2003, page Variance Report, pages L through q3 Eagan City Council Meeting Minutes November 6, 2003 Page 5 Mayor Geagan noted that Dakota County has removed this project from their five year CIP and the status of the funding for the Gift of Mary project is uncertain at this time. Mayor Geagan opened the public hearing. One resident, representing area property owners expressed opposition to the proposed project and suggested that benchmarks from the Gift of Mary project be provided regarding funding before the improvement project issue is brought back before the Council. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmembers agreed that consideration of this project is premature at this time. Councilmember Maguire moved, Councilmember Carlson seconded a motion to deny Project 886 (Lone Oak Road - Trunk Water Main Improvements). Aye: 5 Nay: 0 VACATION OF PUBLIC RIGHT OF WAY - DODD ROAD City Administrator Hedges stated a request was made by the applicant to continue consideration of this right of way vacation pending a proposed development layout. Councilmember Carlson moved, Councilmember Fields seconded a motion to 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 before the 90 day expiration. Aye: 5 Nay: 0 OLD BUSINESS RECONSIDERATION OF VARIANCE DENIAL - DUANE OLSON City Administrator Hedges discussed a request to reconsider approval of 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. City Planner Ridley provided background information. Mr. Olson discussed plans for fencing in the front yard of his property, showing photographs of fencing on adjacent properties. Councilmember Carlson moved, Councilmember Fields seconded a motion 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 NE '/4 of Section 34 at the regular City Council meeting on November 18, 2003. Aye: 5 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT - MWP INVESTORS, INC. City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a currency exchange facility at 1970 Rahncliff Road. City Planner Ridley gave a staff report. Councilmembers discussed signage regulations. Mayor Geagan suggested that input from the Police Department regarding the appropriate percentage of window signage be provided. The applicant was present and was agreeable to continue discussion of the proposed amendment pending additional information from the Police Department. R Eagan City Council Meeting Minutes February 4, 2003 Page 3 Duane Olson, 1250 Cliff Road, expressed his opposition to the proposed assessment. There was no further public comment. Councilmember Fields moved, Councilmember Carlson seconded a motion to close the public hearing. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 680 (Cliff Road - Street and Utility Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Maguire seconded a motion to give PID #011- 02 (Olson property) an option to have all but 85 feet of frontage assessment deferred with interest until development or sale of the property. Aye: 5 Nay: 0 I/ 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, 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 DEVELOPMENT AGREEMENT - KEYSTONE COMMUNITIES OF EAGAN LLC City Administrator Hedges discussed this item regarding a development agreement, including the sale of public land, with Keystone Communities of Eagan LLC for 126 units of senior housing. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the development agreement, including the sale of public land, with Keystone Communities of Eagan LLC for 126 units of senior housing in the Cedar Grove Tax Increment Finance Redevelopment District No. 1. Aye: 5 Nay: 0 Doris Dahline read a list of concerns and questions, which included the following: • Height of the proposed building • Vehicular ingress and egress • Emergency vehicle access IV Eagan City Council Meeting Minutes January 21, 2003 z- Page 3 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. Councilmember 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 1/4 of Section 34 subject to the following conditions: Aye: 3 Nay: 2 Maguire and Tilley opposed CITY ORGANIZATIONAL BUSINESS ADVISORY COMMISSION APPOINTMENTS City Administrator Hedges discussed the interview process that had taken place on January 14, 2003 and then explained the ballot matrix that would be used to vote on members for each commission. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the procedure for appointing advisory commission appointments. Aye: 5 Nay: 0 Councilmembers were provided with ballots. The results were as follows: Advisory Planning Commission (APC) Ron Miller - 3 year term Carla Heyl - 3 year term Gary Hansen - 3 year term Ted Gladhill - 1 year term Paul Leeder - 1 year alternate term Advisory Park and Recreation Commission (APrC Terry Davis - 3 year term Phil Belfiori - 3 year term Dorothy Peterson - 3 year term Ken West - 1 year alternate term Airport Relations Commission (ARC) r .. PLANNING REPORT CITY OF EAGAN REPORT DATE: January 13, 2002 APPLICANT: Duane Olson PROPERTY OWNER: Duane Olson REQUEST: Variance CASE: 34-VA-36-12-02 HEARING DATE: January 21, 2003 APPLICATION DATE: December 12, 2002 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. 77 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. BACKGROUND/HISTORY 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 constrict a six- foot fence along Cliff Road. V 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 NE'/4 of Section 34. 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. 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. W Location Map 0 Eagan Ooundary street Contort no Partial Area Building Footprint Development/Developer. Duane Olson Application: Variance Case No.: 26-VA-35-12-02 1? Map Prepared using ERSI AreV ew 3.1. Pucd bass map data provided N by Dakota County Land Survey Department and Is cannot as of Saptambr NOX City of Eagan THIS MAP 13 INTENDED FOR REFERENCE USE ONLY w E M 1 N N E S O r A The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are Comm.eIy Dowdoprnent Depart"ot not responsible for errors or omissions. 1000 0 1000 2000 Feet 10/ Nd1d 31IS I 7 ?Y zp m X . A a m k r O X ?. V"s -n -a ¦a Y = :! 1¦ f`t / PROPOSED FENCE if ??? PHOTOS Agenda Information Memo December 1, 2003 Eagan City Council Meeting OLD B1 WEBS B. RECEIVE BIDS AND AWARD SALE OF $2,040,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2004A ACTION TO BE CONSIDERED: To approve the resolution awarding the sale of $2,040,000 General Obligation Refunding Bonds, Series 2004A. FACTS: • Resolutions to issue and sell the referenced bonds were approved at the November 6, 2003 City Council meeting. • The bonds are a refinance of the 1995A and 1996A Improvement bonds, which are callable in February 2004. Lower interest rates will provide present value savings to the City of approximately $490,000. Bond payments will be made with special assessment collections. • The bid opening will take place at noon on December 1. • Dave MacGillivray of Springsted will be at the Council meeting to present the bids and recommend action. • Ratings were requested from Standard & Poors (S&P) and Moody's. Both agencies have reaffirmed their ratings from a year ago. S&P's rating is AA; Moody's is Aal. • Sale recommendations and Official Statements were previously made available to the Council. ATTACHMENTS: • The resolution for the issue is 14 pages long and, therefore, not included with the packet. The resolution is available for inspection at the City Administrator's office. /04 Agenda Information Memo December 1, 2003 Eagan City Council VII. NEW BUSINESS A. CONDITIONAL USE PERMIT - CROSSTOWN SIGN EZ STORAGE ACTION TO BE CONSIDERED: To approve a Conditional Use Permit to allow construction of a pylon sign on property located at 4025 Old Sibley Memorial Highway (Lot 1, Block 1, S & W Industrial Acres) in the SW '/4 of Section 19, subject to the conditions in the APC minutes. FACTS: • City Code allows one freestanding sign per building. By definition in the Sign Code, any sign which projects more than seven feet above ground level is considered a pylon sign and requires a Conditional Use Permit. • This property has a Conditional Use Permit for an 84 s.f., 22' tall pylon sign, approved on September 15, 1978, placed southwest of the main entrance drive. • The proposed sign is to replace the existing pylon, and is 125 s.f., 25' high placed approximately 180' north and east of the current location and incorporates the new EZ Storage colors and logo. ATTACHMENTS: APC Minutes, November 25, 2003, page Staff Report, pages/07 through I t 7 . !cam City of Eagan Advisory Planning Commission Meeting Minutes DR AFT November 25, 2003 Page 1 MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA November 25, 2003 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, November 25, 2003 at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Heyl, Members Hansen, Bendt, Steininger, Gladhill, and Leeder. Also present were City Planner Mike Ridley, Planner Sheila Cartney, City Attorney Bob Bauer, Assistant Engineer John Gorder, and Recording Secretary Camille Yungerberg. AGENDA Member Gladhill moved, Member Leeder seconded a motion to adopt the Agenda. All voted in favor. Motion carried 6-0. II. ADOPT AGENDA AND APPROVE MINUTES OCTOBER 28, 2003 ADVISORY PLANNING COMMISSION MEETING MINUTES Member Gladhill stated he would like to emphasize that the City's R1 Low Density Residential standard should not be compromised to fit another home into a development. This change was made to Item D, page 8. Member Gladhill moved, Member Leeder seconded a motion to approve the October 28, 2003 Advisory Planning Commission Meeting minutes as amended. All voted in favor. Motion carried 6-0. III. PUBLIC HEARINGS A. CONDITIONAL USE PERMIT - CROSSTOWN SIGN. INC. A Conditional Use Permit to relocate and increase the height of a pylon sign on Lot 1, Block 1, S&W Industrial Acres, located at 4025 Old Sibley Memorial Hwy in the SW % of Section 19. Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated November 6, 2003. He noted the background and history. Chair Hey[ opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Member Steininger stated the application is perfectly acceptable. `01-0 City of Eagan Advisory Planning Commission Meeting Minutes A DRAFT November 25, 2003 Page 2 Member Bendt stated the existing sign is not easily visible, therefore he agrees with Member Steininger. Member Steininger moved, Member Bendt seconded a motion to recommend approval of a Conditional Use Permit to relocate and increase the height of a pylon sign on Lot 1, Block 1, S&W Industrial Acres, located at 4025 Old Sibley Memorial Hwy in the SW '/ of Section 19 subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. A Sign Permit shall be obtained from the City prior to installation of the new pylon sign. 3. The existing off-site sign in violation of City Code shall be removed from the right- of-way prior to installation of the pylon sign. 4. The existing pylon sign shall be removed prior to installation of the new pylon sign. 5. The new pylon sign shall be located at the northeast corner of the property, as shown on the site plan dated October 13, 2003. 6. The pylon sign shall be setback a minimum of 10' from all property lines. 7. The pylon sign shall not be located within any easement areas. 8. The pylon sign shall not exceed 25' in height or 125 s.f. in area. All voted in favor. Motion carried 6-0. 107 PLANNING REPORT CITY OF EAGAN REPORT DATE: November 6, 2003 APPLICANT: Crosstown Sign Inc. PROPERTY Nolan & Nolan, OWNER: d.b.a. EZ Mini Storage CASE: 19-CU-15-10-03 HEARING DATE: November 25, 2003 APPLICATION DATE: October 21, 2003 REQUEST: Conditional Use Permit LOCATION: 4025 Old Sibley Memorial Highway PREPARED BY: Mary Granley COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST Crosstown Sign is requesting approval of a Conditional Use Permit to increase the height of the existing 22' pylon sign by 3 feet, increase the square footage from 84 s.f. to 125 s.f., and to relocate the pylon approximately 180 feet north and east of the current location on property located at 4025 Old Sibley Memorial Highway (Lot 1, Block 1, S & W Industrial Acres) in the SW '/4 of Section 19. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C, Evaluation Criteria, states that the Advisory Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permit only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within irr Planning Report - EZ Storage November 6, 2003 Page 2 the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Advisory Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUNDIHISTORY The subject site is 8.67 acres in area, is zoned 11- Limited Industrial, and accommodates nine concrete indoor storage warehouse buildings: four constructed in 1978, two constructed in 1984, and three constructed in 1985. This property has a variance allowing a 25' building setback from the west property line. This property also has a conditional use permit for a pylon sign, approved on September 15, 1978. The site is located north of Sibley Court and between the Hwy 13 and Hwy 77 interchange and contains a mini storage facility. Nine storage buildings run parallel to Sibley Court, and vary in size from 5262 s.f to 15,884 s.f. An approximately 600 s.f. on-site office/security area is located at the east end of the northeastern building. The site is enclosed with a chain link fence and perimeter gate that locks during non-business hours. Existing pylon signage on the site consists of an 84 s.f., 22' high pylon sign placed southwest of the main entrance drive. ?u7 EXISTING CONDITIONS Planning Report - EZ Storage November 6, 2003 Page 3 The site faces the Hwy 13/Hwy 77 interchange to the north, Lovegreen Industrial Services to the south, Hwy 13 to the west, and Old Sibley Memorial Hwy to the east. An off-premise EZ Storage sign in violation of City Code is placed at the intersection of Old Sibley Memorial Hwy and Old Sibley Hwy in the public right-of-way. This sign requires removal from the site. EVALUATION OF REQUEST SUMMARY/CONCLUSION The applicant is proposing the new sign be placed approximately 180' north and east of the current location, at the northeast corner of property. The applicant's objective is to provide for more exposure from the Hwy 13 and Hwy 77 areas. The applicant proposes to remove the existing 22' high 84 s.f. pylon from its existing location, and place a new pylon approximately 180' north and east of the current location. The proposed pylon would be 25' high, 125 s.f. in area, and incorporate a new face design and colors reflecting the updated EZ Storage logo. The proposal appears to satisfy the performance standards for pylon signs in the Sign Code. The proposed sign appears compatible with the surrounding area and should not have a detrimental effect on traffic or surrounding properties. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit for a pylon sign on property located at 4025 Old Sibley Memorial Hwy, (Lot 1, Block 1, S & W Industrial Acres) in the SW 1/4 of Section 19. //0 Planning Report - EZ Storage November 6, 2003 Page 4 If approved, the following conditions should apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. A Sign Permit shall be obtained from the City prior to installation of the new pylon sign. 3. The existing off-site sign in violation of City Code shall be removed from the right-of- way prior to installation of the pylon sign. 4. The existing pylon sign shall be removed prior to installation of the new pylon sign. 5. The new pylon sign shall be located at the northeast corner of the property, as shown on the site plan dated October 13, 2003. 6. The pylon sign shall be setback a minimum of 10' from all property lines. 7. The pylon sign shall not be located within any easement areas. 8. The pylon sign shall not exceed 25' in height or 125 s.f. in area. /`f FINANCIAL OBLIGATION-19-CU-15-10-03, Lot 1, Block 1, S & W Industrial Acres, 4025 Old Sibley Memorial Hwy There are pay-off balances of special assessments totaling $-0- on the parcel proposed for the conditional use. At this time, there are no pending assessments on the property for which the conditional use permit is requested. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or conditional use. IMPROVEMENT USE RATE QUANTITY AMOUNT Total There are some utility connection charges due from this property. The City will collect those charges when there is an additional connection to the City's utility system. IQ Eagan Boundary Location Map P tree l `M Area Building Footprint Development/Developer. EZ Storage-Crosstown Sign, Inc. Application: Conditional Use Permit Case No.: 19-CU-15-10-03 Map Prapared using ERS1 Off o G 3.1. real base Fnap data proided N by Dakota ota County y Office of GIB and is is eunaM as of o/ Juno 2003. 00.1. W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY city OF eagan The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S r n-ndty Devdeemant Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Crosstown Sign, inc. Land Use Map EZ Storage Case No. 19-CU-15-10-03 Zoning Map GD i Z on ng: Current 1-1 I-1 I-I Limited Industrial 1 PUD - 1-1 wo 0 on 1300 F..t PD Comprehensive Guide Plan Land Use Map P ; Current Land Use Designation: LD IND IND lie Family IND Limited Industrial IND RP IND /.0 0 ..0 1300 F-t Single -am[ Pa 61 bm" m.P 1 ". U*n PMV1 m.tItlDa ta a C.rnty Lan.nd sSV.y Deparfm d Jh 2003. N 2win0 IMorm..n ma m Co M Staff 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 guaranbe the accuracy of this Information. S All NOM i W "FA&URT \1 163077 ABERDEEN ST:...NE VI MILMM,? 0 ,/ IRW Lr MIigNFA'POLI MN 55304 October 28, 2003 City Of Eagan Attn: Mary Granley 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Mary, PHONE: (763) 784-7742 FAX: (763) 784-9753 E-Z Storage, located @ 4025 Sibley Mem. Hwy, is installing all new signage. Currently, there is one pylon sign @ 22' over all height. The new proposed pylon sign.would be 25' over all height, and moved from the existing location on the S 'side of the lot (along old sibley road) to the NE part of the lot (Hwy 13). The old pylon would be removed, and the new sign would meet the 10' required set back. Please contact Crosstown Sign, Inc. if you have any questions, or concerns. Thank You, Bets) xtownsign@popp.net f!S Td WUSS:TT £00Z BZ '100 ESL6'8Lz9L : ON Xd NARRATIVE Qj*) sroruAGE Location: 0032 Existing Signage Comments: 12'-6* 3'-0' EQUAL EQUAL 67/2' 1'•tl• 6712• Pill STGRAGE eL P-25 Custom 125 Sq. Ft. D.F. Illuminated Pylon Comments: Relocate approx. from existing. See area manager. (i) 31 Sign No. 01 Height: 7' Width: 12' O.A.H.: 22' Illuminated: Yes Double Face: Yes Proposed Signage Sign Product: P-25 (Custom Head Size) Description: D.F. Illuminated Pylon Additional Site Work Required: Electrical: Yes Landscaping: No Fascia repair: No icon Id.ntitV Seiuliun. SIGN PLAN NV1d 31IS 1? )I! r!y _ +e I e• f{a W N H = w I- rn w w Y= co = ? OO w 2 _j J W 4J- 77 i f I S xI // t ?a f t- ? !? ? .1{ p?p. ai+ ttii 3#3`?I ;fit S 1 1 ? ? ii #?, ? 1?1 ?c 1 1i?f,' } E t+ 5 i E 1!??I 1!fl +t ??E 1 ! J l 71i-; ] E l j js+ I{i d f? 7 f 4 2i lists t! I tj t;5 - C i _ - IN, ?F. I =fI is r E r"- 4?. Agenda Information Memo December 1, 2003, Eagan City Council Meeting B. CONDITIONAL USE PERMIT AND VARIANCE - REALTY DESIGNS INC. ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit for a pylon sign, located at 3902-3938 Cedar Grove Parkway; subject to the conditions in the APC minutes. To approve (OR direct findings of fact for denial) a Variance of ten feet to the sign setback requirement, for property located at 3902-3938 Cedar Grove Parkway; subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL ? Majority of Quorum FACTS: ? Applicant proposes a 20 foot tall, 96 SF pylon sign, that includes 14 - nine inch panels for tenant identification to replace an existing ground sign. ? The existing sign is located off-site in the public right-of-way. ? The applicant proposes a zero lot line setback from Cedar Grove Parkway. Proposed location requires a Variance and a vacation of a public easement. ? Proposed sign meets sign code; size, height, not within 300 feet of another pylon sign. ? This item was heard as a public hearing before the Advisory Planning Commission on November 26, 2003, the APC recommended approval with an added condition (number 8), subject to the conditions in the minutes. ISSUES: ? Staff has raised concerns with the proposed sign design and it's compatibility with the surrounding area. ? Staff has suggested that in light of the applicant's need for a variance and easement vacation, application of the CGD sign standards should be considered by the APC and City Council. 60 DAY STATUS: ? December 14, 2003 ATTACHMENTS (2): Advisory Planning Commission Minutes pa e(s) [R- I p I Planning Staff Report pagesicUthrough/O I 1-q City of Eagan Advisory Planning Commission Meeting Minutes November 25, 2003 LJI Page 3 B. CONDITIONAL USE PERMIT & VARIANCE - CEDARVALE BUSINESS CENTER A Conditional Use Permit for a pylon sign and a Variance to the setback, located at 3902-3938 Cedar Grove Parkway in the NE 4 of Section 19. City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated November 14, 2003. He noted the background and history. Richard Fitzgerald, Property Manager explained that a new sign is needed. He stated the tenant's names could be larger, however all tenant names need to be listed. He explained the proposed location and explained that the sign is needed because of the slope and trees in front of the building. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Chair Heyl asked how long the sign has been in the current location. Mr. Fitzgerald stated he is not sure how long the sign has been there, but he believes it is the original sign. He explained that the new sign would not be in the right-of-way and flower beds would be added to the landscaping around the new sign and in place of the existing sign. Chair Heyl stated the proposed sign location is merited. She questioned why the tenant names are currently covered by the "for lease" sign. She also questioned the ability to read the proposed sign from the roadway. Member Hansen stated a lack of necessity for all tenant names to be on the sign. He stated concern that the traffic would possibly stop to read all the names. Member Gladhill agreed that a new sign is needed, however he stated the sign design is not appropriate or consistent with the area. Member Leeder agreed with Member Gladhill and suggested that the number of tenant names on the sign be limited. Member Steininger stated he is not concerned with the consistency of the sign with the Cedar Grove area. He stated he is not convinced there is a hardship to warrant a Variance. Member Bendt stated he does not feel that the property owner should be penalized for a decision that was made with development in the 1970's. Chair Hey] stated a variance is justified at the proposed location. Member Steininger stated he would vote against the application because of the Variance. r1y City of Eagan Advisory Planning Commission Meeting Minutes November 25, 2003 Page 4 Member Steininger moved, Member Bendt seconded a motion to recommend approval of a Conditional Use Permit for a pylon sign and a Variance to the setback, located at 3902-3938 Cedar Grove Parkway in the NE % of Section 19 subject to the conditions listed in the Staff Report. Member Gladhill stated this proposal would not be approved if it were a new development. He also stated that the proposed should not be approved under Community Shopping Center standards. Chair Heyl suggested an additional condition, limiting the number of tenant names on the sign, changing the sign design. Member Gladhill and Member Steininger recommended that the applicant resubmit the proposal when their concerns are addressed and City Staff has had a chance to review it again. Member Bendt stated the City has a responsibility to support the businesses in Eagan. He explained that the City collects taxes from the businesses; therefore they should allow them to have signs to draw business. Member Leeder agreed with Member Bendt. Member Steininger amended his motion to include an additional condition number 8. Member Bendt agreed with the amended motion. Member Steininger moved, Member Bendt seconded a motion to recommend approval of a Conditional Use Permit for a pylon sign and a Variance to the setback, located at 3902-3938 Cedar Grove Parkway in the NE '/4 of Section 19 subject to the following conditions as amended: 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 90 days of approval. 2. A sign permit shall be obtained from.the City prior to installation of the pylon sign. 3. The applicant must petition the City to vacate the drainage and utility easement 4. The drainage and utility easement vacation must be approved prior to issuance of the CUP, and if such vacation is denied, the sign shall be located outside of the drainage and utility easement area. 5. The existing free-standing sign shall be removed prior to installation of the pylon sign. 6. The pylon sign shall be located as shown on the site plan received by the City on October 15, 2003. tao City of Eagan Advisory Planning Commission Meeting Minutes Rook November 25, 2003 Page 5 7. A curbed landscaped island shall be provided around the pylon sign within the parking lot. A landscape plan shall be submitted with the sign permit application for staff review and approval and shall be implemented with the installation of the sign. 8. A maximum of six tenants shall be listed on sign. A vote was taken. Aye: Chair Heyl, Steininger, Bendt, and Leeder. Nay: Gladhill and Hansen Motion carried 4-2. PLANNING REPORT CITY OF EAGAN REPORT DATE: November 14, 2003 CASE: 19-CU-16-10-03 19-VA-18-10-03 APPLICANT: Realty Designs, Inc. HEARING DATE: November 25, 2003 PROPERTY OWNER: Cedarvale Business Ctr. APPLICATION DATE: October 15, 2003 REQUEST: Conditional Use Permit & Variance PREPARED BY: Planning staff LOCATION: 3902-3938 Cedar Grove Parkway COMPREHENSIVE PLAN: SA, Special Area ZONING: CSC, Community Shopping Center SUMMARY OF REQUEST Realty Designs, Inc. is requesting approval of a Conditional Use Permit to erect a pylon sign, and a Variance of ten feet to the minimum required ten-foot setback for a pylon sign, at the Cedarvale Business Center located at 3902-3938 Cedar Grove Parkway in the NE'/4 of Section 19. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C, Evaluation Criteria, states that the Advisory Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permit only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. aa ' Planning Report - Cedarvale Business Center November 25, 2003 Page 2 C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Advisory Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Variance: 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 3 Planning Report - Cedarvale Business Center November 25, 2003 Page 3 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. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. BACKGROUND/HISTORY This mixed-use development was approved by the Eagan Town Board in 1973. The buildings consist of commercial uses on the ground level, and apartments above. The commercial and residential portions of the buildings are in separate ownership. The parking lot in front of the building along Cedar Grove Parkway is owned by Cedarvale Business Center, while the parking area to the rear is owned by Cedarvale Highlands Apartments. In 1998, the City initiated the Cedarvale Area Redevelopment Study to evaluate the area's potential to create a viable mixed use area that would utilize the area's innate advantages (highway visibility and accessibility) while maintaining compatible land use relationships with surrounding uses. Following the Study in October 2001, the City formally created the Cedar Grove Redevelopment Tax Increment Financing (TIF) District which was certified by Dakota County in December of 2002. The City approved a public improvement project in 2001 to realign the Silver Bell Road intersection with Beau d'Rue Drive (now Cedar Grove Parkway) and Hwy. 13 and the construction was completed in the summer of 2003. Also in 2003, the City established the CGD, Cedar Grove District, zoning district and rezoned many of the properties in the area to CGD. The Cedarvale Business Center is not part of the Cedar Grove Redevelopment District, nor was it rezoned to CGD. EXISTING CONDITIONS The site is developed with a mixed use, commercial below and residential above, development. There is currently a ground sign located off-site, in the public right-of-way, in the center of the site adjacent to Cedar Grove Parkway and parallel to the street. The site slopes down from the parking lot to the street, with a grade difference of several feet. The property line is slightly curved, while the curb line of the parking lot is not. The ends of the parking lot provide approximately ten feet of setback from the curb to the property line, while there is zero setback at the center of the parking lot. Because of the existing lesser parking setbacks along Cedar Grove Parkway, the drainage and utility easements that run parallel to the property line extend into the parking lot. 101 y- Planning Report - Cedarvale Business Center November 25, 2003 Page y SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Commercial (offices & CGD, Cedar Grove SA, Special Area Cedarvale mall) District South Residential Apartments R-4, Apartments HD, High Density East Liquor Store CGD, Cedar Grove SA, Special Area District West Residential townhomes PD, Planned SA, Special Area and condominiums Development) planned EVALUATION OF REQUEST Compatibility with Surrounding Area - The Cedarvale Business Center is not part of the Cedar Grove TIF district, nor was it rezoned to CGD. The property retains the CSC, Community Shopping Center zoning. However, it is an integral part of the Cedar Grove area and while the property is not subject to the CGD zoning standards, continuity with development/redevelopment of other nearby properties that are within the CGD and TIF district is desired. Sign Code Requirements - The Sign Code defines pylon sign as "a business sign erected on freestanding shafts, posts or walls which are solidly affixed to the ground, and which projects more than seven feet above ground level. Pylon signs, when authorized, are considered a conditional use, as defined in the zoning chapter and are subject to all conditions, regulations and fees required for conditional uses." Performance Standards - The performance standards for pylon signs in the City's Sign Code are as follows: • No pylon sign may be located within 300 feet of any other pylon sign, measured on the same side of the street. • No pylon signs shall project more than 27 feet above the lot level, roadway level, or a specified point between the two levels as determined by the council. The level used shall be based upon visibility factors from the adjacent roadway(s). • No pylon sign shall exceed 125 square feet in area per side. Within the CGD district, freestanding signs are not to exceed 12 feet in height, and the sign must be located within a landscaped area or landscaped island. The sign must have a base constructed of the same materials and colors as the principal building, with a minimum height of three feet and a total sign are not to exceed 45 square feet per side. Proposed Sign - The applicant is proposing to remove the existing monument sign and place a pylon sign near the same location, but perpendicular to the street and property line. The existing monument sign is nonconforming and is located within the public right-of-way. The pylon sign ??S Planning Report - Cedarvale Business Center November 25, 2003 Page would be located within the applicant's property, but would not satisfy the minimum 10-foot setback, therefore a setback Variance is also requested. The pylon sign would result in a net reduction of one parking stall. There are no other pylon signs within 300 feet on the same side of the street. The proposed pylon sign would also be located within the existing public drainage and utility easement. The applicant will need to complete a petition to vacate the easement so that a public hearing on the easement vacation can be scheduled, and the vacation would need to be approved prior to construction of the sign. Evaluation of Proposal - Staff has considerable concerns with this request. The proposed sign meets the Sign Ordinance performance standards in terms of size and height; however, the proposed location requires a setback variance and vacation of a public easement. Conditional Use Permit Evaluation Criteria The proposal does not appear to meet letters A and C of the Conditional Use Permit Evaluation Criteria which are reiterated below: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. The proposed sign provides a fourteen 9" panels for each of the tenants. Staff's concern is that this limited amount of space will not be easily discernible for motorists traveling along Cedar Grove Parkway. The strong likelihood is that motorists will be forced to slow down or even stop in the street in order to make their way through the laundry list of tenants to find the business they are seeking. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Staff does not believe the proposed sign will be compatible with the intended character of the general vicinity. Although the subject site is not zoned CGD, it is suggested here that the proposed sign should be consistent with the CGD design standards due to the proximity of the Cedarvale Business Center with the City's redevelopment area. As evaluated against the CGD freestanding sign provisions, the proposed sign has a seven foot high base, a total height of 20 feet, and an area of 96 square feet per side. The materials are proposed to match the building - the applicant's narrative, and the sign plans show, that "the sign will be painted brown to match the building, the brick will also match and the top of the sign is designed to look like the signs that we have over the businesses." With the exception of matching the principal building materials, the proposed sign is not consistent with the parameters in the CGD district for free-standing signage in terms of the base height, the total height and the sign area. /are Planning Report - Cedarvale Business Center November 25, 2003 Page (p Also, the proposed sign providing multiple tenant identifying panels will appear "cluttered" in addition to not being easily readable to passing drivers, as mentioned previously. Staff suggested that the applicant consider a sign design maximizing only the shopping center name. Under this scenario, the sign would be more readable and the tenants and landlord can identify the building as a destination rather than having customers try to distinguish one of many tenant names on one sign. Staff has discussed this concern and possible solution with the applicant and the applicant disagrees. Landscaping - The applicant's narrative indicates that two existing trees will be removed on either side of the proposed sign. The applicant notes that the trees are dying. The bed where the existing monument sign is located will be landscaped with flowers, and low-lying shrubs would be added bordering the parking lot. A curbed landscaped island should be installed around the base of the sign to protect both the sign and vehicles in the parking lot. Applicant's Narrative - The applicant submitted several photos with narratives attached explaining the placement of the sign and the variance request. The proposed location "is the best for visibility and requires the least amount of modification of the trees on the property ...." Recently, the City's improved the street in front of the property and in so doing, a directional sign for the license bureau was removed. "The license bureau relies upon signage to direct people to their location" and the applicant states that a number of other tenants have also inquired about signage for their businesses. Additionally, the applicant believes that "this sign and its location will go very well with the look that the city is looking for redevelopment of the Cedar Grove area." SUMMARY/CONCLUSION Realty Designs, Inc. is requesting approval of a Conditional Use Permit to erect a pylon sign, and a Variance of ten feet to the minimum required ten-foot setback for a pylon sign, at the Cedarvale Business Center located at 3902-3938 Cedar Grove Parkway. The proposed sign satisfies Sign Code standards for height, size, and distance from other pylon signs. However, a setback Variance is requested, and the proposed location places the sign within an easement, which will need to be vacated before the sign can be constructed. Staff has raised concerns relative to the Conditional Use Permit Evaluation Criteria, the proposed sign design deviation from the CGD design standards, and safety issues associated with the "readability" of the proposed sign and the number and size of tenant identification panels provided. The proposed pylon sign exceeds the size and height limitations established for free-standing signs in the CGD district. While the property is not subject to the CGD zoning standards, continuity with development/redevelopment of other nearby properties that are within the CGD and TIF district is desired. ta7 Planning Report - Cedarvale Business Center November 25, 2003 The suitability of the proposed sign and it's consistency with the Conditional Use Permit Evaluation Criteria is a policy decision for the Advisory Planning Commission and the City Council. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit, with a Variance of ten feet to the minimum required ten-foot setback, to erect a pylon sign at the Cedarvale Business Center located at 3902-3938 Cedar Grove Parkway in the NE'/4 of Section 19. If approved, the following conditions shall apply: 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 90 days of approval. 2. A sign permit shall be obtained from the City prior to installation of the pylon sign. 3. The applicant must petition the City to vacate the drainage and utility easement. 4. The drainage and utility easement vacation must be approved prior to issuance of the CUP, and if such vacation is denied, the sign shall be located outside of the drainage and utility easement area. 5. The existing free-standing sign shall be removed prior to installation of the pylon sign. 6. The pylon sign shall be located as shown on the site plan received by the City on October 15, 2003. 7. A curbed, landscaped island shall be provided around the pylon sign within the parking lot. A landscape plan shall be submitted with the sign permit application for staff review and approval and shall be implemented with the installation of the sign. CONDITIONAL USE PERMIT REQUEST Cedarvale Business Center 3902 -3938 Cedar Grove Parkway We are applying for a.conditional use permit for the installation of a pylon sign. We would like to replace the monument sign on our property with a lighted pylon sign. We are proposing to install the sign in the center of the parking lot in the east to west direction and along the curb line toward the north of the parking lot. This will only take one of our parking spaces. We are asking to put the sign at the curb line because this location is the best for visibility and requires the least amount of modification of the trees on the property, and we already have power to this location to the existing sign. This does however put the sign very close to the property line and inside a drainage and utility easement. The City of Eagan has told me that they do not have any utilities within this easement; I hope that a search will show that there are no private utilities in this easement either. I do not believe that the location will interfere with any future location of easement; since the easement is covered by our parking lot. The current use of the property is a community shopping center with apartments above, and the surrounding property is mostly commercial and apartments. The area around us is slated for redevelopment and I believe there will be a similar mixture of property usages there as well. Our complex holds a number of businesses including a license bureau. Recently the city of Eagan has undertaken the redevelopment of this area. At some point during this process the sign that the license bureau had on what is now Cedar Grove Parkway (formerly Beau D' Rue Drive) for many years was removed at the request of the city. The license bureau relies upon signage to direct people to their location. A number of our other tenants have also inquired about a signage for businesses as well. We would like to install the sign in the spring of 2004. We will first remove the existing sign and the two trees that are dying, one on either side of the existing sign. We will then install the new pylon sign and later in the spring add a flower bed in the rock bed where the existing monument sign is, and add low lying shrubs bordering the parking lot. The sign will be painted brown to match the building, the brick will also match and the top of the sign is designed to look like the signs that we have over the businesses. I feel this sign and its location will go very well with the look that the city is looking for with the redevelopment of the Cedar Grove area. l? if'3 VARIANCE REQUEST Cedarvale Business Center 3902 -3938 Cedar Grove Parkway We are applying for a variance for the installation of a pylon sign. We would like to replace the monument sign on our property with a lighted pylon sign. Our complex holds a number of businesses including a license bureau. Recently the city of Eagan has undertaken the redevelopment of this area. At some point during this process the sign that the license bureau had on what is now Cedar Grove Parkway (formerly Beau D' Rue Drive) for many years was removed at the request of the city. The license bureau relies upon signage to direct people to their location. A number of our other tenants have also inquired about a signage for businesses as well. We are proposing to install the sign in the center of the parking lot in the east to west direction and along the curb line toward the north of the parking lot. This will only take one of our parking spaces. We are asking to put the sign at the curb line because this location is the best for visibility and requires the least amount of modification of the trees on the property, and we already have power to this location to the existing sign. This does however put the sign very close to the property line and inside a drainage and utility easement. The City of Eagan has told me that they do not have any utilities within this easement; I hope that a search will show that there are no private utilities in this easement either. I do not believe that the location will interfere with any future location of easement; since the easement is covered by our parking lot. The current use of the property is a community shopping center with apartments above, and the surrounding property is mostly commercial and apartments. The area around us is slated for redevelopment and I believe there will be a similar mixture of property usages there as well. We would like to install the sign in the spring of 2004. We will first remove the existing sign and the two trees that are dying, one on either side of the existing sign. We will then install the new pylon sign and later in the spring add a flower bed in the rock bed where the existing monument sign is, and add low lying shrubs bordering the parking lot. 130 FINANCIAL OBLIGATION-19-CU-16-10-03, Part of Lot 1, Blockl, Stryker Addition, 3902-3938 Cedar Grove Parkway There are pay-off balances of special assessments totaling $117 on the parcel proposed for the conditional use. At this time, there are pending assessments in the amount of $20,412 on the property for which the conditional use permit is requested. This pending assessment is related to Project 759R the reconstruction of Cedar Grove Parkway. The City staff recommends that approval of the conditional use permit be conditioned on the acceptance of the assessment of for Project 759R 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 conditional use. IMPROVEMENT None USE RATE QUANTITY AMOUNT Total /81 Eagan Boundary Location Map Street Centerline Parcel Area Building Footprint i j k NT 03 =a m m I 40 - F-1 THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E ' Y J?? E ? n v„ p4?. ?®m Fn e i g Subj ect Site 1 ? - 7 53 6i Cf 3 ? ? •? ? ,L ? LY v ? A ?. i i v 9 ti ennw. +? II m a ss r. ? m ? ' ? I 4 C n t2iN , / • ? ® ? ® 30 1 11L 1000 0 1000 2000 Feet Development/Developer: Cedarvale Business Center Application: Conditional Use Permit and Variance Case No.: 19-CU-16-10-03 and 19-VA-18-10-03 Map Prepared using ERSI GIS Pan :*1 base nap data provided (2a) by y Dakota County ?n of of GIS and is is current as of of June 2003. N city of eagan The City of Eagan and Dakota County do not guarantor the accuracy of this Information and are s Community Development Mpart-.L not responsible for errors or omissions. to I_ c M ' it Q ?_ j? 1 CEDARVALE BUSINESS CENTER CAStN PAINTFO Uowm vo MATCiq BWLNV(, * CEDAWVAt,F_ 305NM 0`NTEI2 IS I N GRiFE N To M ATc ( Q?Kt5 %06 6(6MS ON 6)LLO I MC . O O u,--JLJ 3RICt ru hnATrH EDIIJ grade 7.1 of iu vl o o? C IJ a ul Ii q pope In= ?1? o a! O D 1 0 1 e? ?2 <J , 133 21 glide pole NW 'ue6e3 =oa,,, C NOI!IOOV 83)4A 1S ' L 1Ic)0l8 ' L Lol ?«e-fcc=n,,, / /1I rt?ff Mt'=BRA TWY l7?`s RYK==n•M lus _ff21JLNH3 ssa.iisns 5 JVL a%UaI ?o.fa.ung pvv7 fAPAe? •Q ov.C.•N :io ?(anjns uoiLeoo-j pus Fjepurtog :.Se pasvdej i2m !G ? 8 1 9 888444 i ` y ? ?? : 41 (!ablta Sutetl ,< ,? ,,,???` r: 's ? I. fl K I i m n fl O !.1 0, W m W pqM i m .A j.. fS , Tbis Pic* see n b ws Curran be torso ed t les aPP o c the sly if], ce on the West e it wo more ?islblecOriode 0 th e West. dhe is nd of the ar uld not ?o the ne d on kirt dot his the driver y ve seen by d aePTO Ifth oI ? easyS os e? other , °fstheparl g from were located w the centr that are d lot would no ort ?1o Jm t c direction twit t island at thet2on of the and that would was to late toast end ofth would eke a lot that to the /3S This picture shows the island on the western end of the parking lot; one of the location that would allow us to install the sign without encroaching on the drainage and utility easement. This location will not work because traffic coming from the west would not be able to see the sign except for maybe a brief second as they passed it or in their rear view mirror after they have passed it. This picture also shows the approximate location of the License Bureau's sign that they were forces to remove, the sign was located between the stop sign and the light pole on the left-hand side of the picture. 13P Picture of west entrance and island. This picture sho 0 the ce Pave also shows the location of th - e 'no rater of the arldn lotwo t mere jt is hard to see but dYmg trees nu<nent sign that can in n her) than there are many g trees are we As YOU Ing Want to replace Mth direct,, see from this we will be mmo '.ranches that have two that have a Pylon si drake and and we are asking and the Others long with the eo leaves and these yellow and o aDgThe Lvith 'tY ease that the sign the visibili sign whe branches have this easement went located at tY at this location g n we ins been covered by checked the curb - it the the ne Y O u rP a r k i n g o t do not f o r e s e e a n y future the U t i l i t i t Of4gan e wd t 1 i Putsthbe. O m b o t h this s bung located In area ssign , ih,"Imide the nce auy utiuties it is currently 137 Picture of existing monument sign. This picture of the existing sign shows how much a new sign is needed. The current sign is not very pleasing to the eye; but the location is good. We are proposing that we locate the new pylon sign directly behind the existing sign, and are asking to place the sign near the curb line. This locates the sign inside the utility and drainage easement but it keep the sign inside our parking lot, we only loose one parking space, and if it is kept close to the curb we can minimize the impact on our parking lot and it's traffic flow as well as maximize the visibility of the sign. In addition to the removal of the existing sign and installation of the new one we will be adding some landscaping to the site. I feel the using the existing rock bed for the planting some flower as.well as adding some well spaced shrubs along the curl line would enhance the look of the center as well as keep the sign line of the sign open. 13? Picture of the east entrance to the parking lot. This picture shows the entrance at the east end of the parking lot. As you can see from this picture a driver coming from the west would be past the second driveway before they could see the full sign if it were to be located in the island at this end of the parking lot. You can also see the proposed location of the Pylon sign, the dying trees and the existing monument sign. This picture also shows that the new location of the sign needs to be near the curb line of the parking lot. With the removal of the two trees the sight line is very good and only one branch of the large shade trees will need to be trimmed to allow for even better visibility. If the sign has to be pushed back ten feet from the edge of the parking lot to accommodate the set back requirements and to stay outside of the drainage and utility easement then the visibility would not be good from either direction. 139 Picture of the east end of the parking lot. This picture is taken from the corner opposite our building at the intersection of Cedar Grove Parkway and Rahn Road, you can see the island on the east end of the parking lot, the existing sign, the dying trees and the proposed location of the new sign. As you can see locating the sign in the island at this end of the parking lot creates a couple of problems with visibility. The first problem it that the bottom portion of the sign will be hidden by the tree on the near side of the driveway. The second problem is that the large trees along Cedar Grove Parkway hide the sign from the view of any vehicles approaching from the west. If however the sign is placed in the center of the parking lot and at the edge of the parking lot the visibility is very good. You can also see that if the sign were located in the island on the other end of the parking lot the sign would not be seen until it was to late to make the turn in. IUD Agenda Information Memo December 1, 2003, Eagan City Council Meeting C. WAIVER OF SUBDVISION (AARBOR HOMES, INC) ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) Waiver of Platting to move the property line between Lots 18 and 19, Block 1, Murphy Farm 3rd Addition, located at 1623 and 1627 Harbour Point; subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • Murphy Farm 3rd was platted in April 2000 • A single family home has been constructed on Lot 1 and is now occupied, Lot 19 remains vacant. • The driveway of Lot 18 encroaches onto Lot 19. • Since Lot 18 is already developed, Aarbor Homes proposes to relocate the lot line to correct the situation. • This item was heard as a public hearing before the Advisory Planning Commission on November 26, 2003, the APC recommended approval, subject to the conditions in the minutes. ATTACHMENTS (2): Advisory Planning Commission Minutes page(s) fic? Planning Staff Report pages/3through #1 City of Eagan Advisory Planning Commission Meeting Minutes DR AF T November 25, 2003 Page 6 C. WAIVER OF SUBDIVISION - AARBOR HOMES, INC. A Waiver of Subdivision to move the property line between Lots18 and 19, Block 1, Murphy Farm 3d Addition, located at 1623 and 1627 Harbour Point in the NW % of Section 21. Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated November 14, 2003. She noted the background and history. 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 Gladhill moved, Member Hansen seconded a motion to recommend approval of a Waiver of Subdivision to move the property line between Lots18 and 19, Block 1, Murphy Farm 3rd Addition, located at 1623 and 1627 Harbour Point in the NW % of Section 21 subject to the following conditions: 1 Within 60 days following City Council approval of the Waiver, the applicant shall file with the County Auditor a lot combination agreement to combine 18 with the small portion of Lot 19, Block 1, Murphy Farm 3rd Addition, for tax purposes, and proof of the filing shall be submitted to the City. 2. A five foot public drainage and utility easement along each side of the new property line shall be created by separate document in a form acceptable to the City Attorney and recorded with the Lot Combination Agreement. All voted in favor. Motion carried 6-0. 14z? PLANNING REPORT CITY OF EAGAN REPORT DATE: November 14, 2003 APPLICANT: Aarbor Homes, Inc. PROPERTY OWNER: Aarbor Homes, Inc./ CASE: 21-WA-04-10-03 HEARING DATE: November 25, 2003 APPLICATION DATE: October 15, 2003 Patrick Barrios & Lorie Gardner REQUEST: Waiver of Platting PREPARED BY: Pamela Dudziak LOCATION: 1627 & 1623 Harbour Point COMPREHENSIVE PLAN: LD, Low Density ZONING: R-1, Single Family Residential SUMMARY OF REQUEST Aarbor Homes is requesting approval of a Waiver of Platting to shift a lot line between two existing platted lots, Lots 18 and 19, Block 1, Murphy Farm 3ra Addition, located at 1627 & 1623 Harbour Point in the NWl/4 of Section 21. AUTHORITY FOR REVIEW City Code Section 13.02, Subd. 2 states that the Council may waive compliance with any of the provisions of the Subdivision Regulations where compliance will involve an unnecessary hardship, where failure to comply does not interfere with the purpose of the Subdivision Regulations, or where an improved plat can be achieved by deviation from certain provisions of the Subdivision Regulations. Section 13.40, Subd. 4 further states that the Council may impose conditions and safeguards in the variances or waivers so granted. BACKGROUND/HISTORY Murphy Farm 3 rd was platted in April 2000. A single-family home has been constructed on Lot 18 and is now occupied. Lot 19 remains vacant. EXISTING CONDITIONS The site is located on the north side of Harbour Point east of Donegal Way. Aarbor Homes is the builder for both Lots 18 and 19. Lot 18 contains a single-family home which was constructed in Planning Report - Aarbor Homes, Inc. November 25, 2003 Page 2 2001-2002 and is now owned by Patrick Barrios and Lone Gardner. Lot 19 is vacant and is still owned by Aarbor Homes. EVALUATION OF REQUEST Aarbor Homes built the existing home on Lot 18 and sold it in December 2002. When preparing to build on Lot 19 in the spring/summer of 2003, Aarbor Homes discovered that an error had been made in installing the driveway on Lot 18 and it encroached on the property line of Lot 19. Since the home on Lot 18 had already been sold and is occupied, Aarbor Homes is proposing to relocate the lot line to correct the situation. The applicant feels that this is the best way in which to resolve any future discrepancies for both lots. The site is zoned R-1, Single-Family Residential. The proposed subdivision shifts the common lot line 8.78 feet to the east at the south end of the lots (adjacent to Harbour Point), while keeping the same point at the north boundary. The result is that a triangular area of 588 sq. ft. will be added to Lot 18 from Lot 19. Lot sizes for the two lots are as follows: Lot 18 Lot 19 Beginning Area 13,333 sq. ft. 13,047 sq. ft. Triangle Area + 588 sq. ft. - 588 sq. ft. Resulting Area 13,921 sq. ft. 12,459 sq. ft. The existing home on Lot 18 continues to satisfy minimum side yard setback requirements. Construction on Lot 19 will be subject to the R-1 zoning requirements at the time of building permit. The applicant has submitted a survey showing a proposed house for construction on Lot 19 that satisfies R-1 setback and other bulk standards. The applicant has also applied for vacation of the drainage and utility easement along the existing lot line. While it is not required to vacate this existing easement, it is desirable to do so. A five- foot drainage and utility easement should be provided along both sides of the new property line. This easement should be provided by separate document to be reviewed by the City Attorney and recorded with the Lot Combination Agreement. SUMMARY/CONCLUSION The Waiver of Subdivision is proposed to shift the common lot line to the north to enlarge the area of Lot 18. Lot 18 is developed with an existing home, and Lot 19 is currently vacant. Construction on Lot 19 will be subject to compliance with R-1 zoning standards at the time of building permit. Planning Report - Aarbor Homes, Inc. November 25, 2003 Pane 3 ACTION TO BE CONSIDERED To recommend approval of a Waiver of Platting to shift a lot line between two existing platted lots, Lots 18 and 19, Block 1, Murphy Farm 3Ta Addition, located at 1627 and 1623 Harbour Point in the NW'/< of Section 21. If approved, the following conditions should apply: Within 60 days following City Council approval of the Waiver, the applicant shall file with the County Auditor a lot combination agreement to combine 18 with the small portion of Lot 19, Block 1, Murphy Farm 3rd Addition, for tax purposes, and proof of the filing shall be submitted to the City. 2. A five foot public drainage and utility easement along each side of the new property line shall be created by separate document in a form acceptable to the City Attorney and recorded with the Lot Combination Agreement. lqs- FINANCIAL OBLIGATION-21-WA-04-10-03, Lots 18 and 19, Block 1, Murphy Farm 3rd There are pay-off balances of special assessments totaling $-0- on the parcels for the proposed waiver of plat. At this time, there are no pending assessments on the properties for which the waiver of plat is requested. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or conditional use. IMPROVEMENT None USE RATE QUANTITY AMOUNT Total /WP Eagan Boundary Location Map Street Centerline ParcelArea Building Footprint 0-1 ear. 1 .0 -1 own 4tv a 110 VIA 41? 19 all WA a a P ¦ ® ® ? ? y ?M1M W IP a p p Mamma - ?,,Tfrra 16 Kim F Site I &I.> -<OP7 Development/Developer. Aarbor Homes, Inc. Application: Waiver of Subsivision Case No.: 21-WA-0410-03 Map Prepared using IRSI AreView 3.1. Parul bass map data provided N by Dakota County Office of GIS and Is current as of June 2003. W E cat of eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY V The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S Community Dwdopmant Department not responsible for errors or omissions. 1000 0 1000 2000 Feet ry r= oho. a.Y ar?i ?ns NCY Sf ?'p^^ 1.1 ? v N m i„? W W O t IiF]° U W J 0U co 0 z 41 Q I r *2 0rcous * ?y n I N O sl U) 0 2 cr- 0 m NQ IJ... 0 LL 2 0 I- W Y z 0 I- 0 N W 0 0 F75 3$?0? ? ; ? ?c ^1'e°Zri P v °? 1Oe o o aop?ri ad k, 0 P' iE. S o a 0o ih? °a g j : >Y p w t ntl.o. >°_ ??O of g?E F.CrS.?n m 3S s? =a.G o. g?E S°rS n m ! 1 < Y`1 YJ1y, fir . Q E? S 3 ° . o &a. ? m °? r o ES L G \/ (' U rr 4 : rr U 3U rY ? S vo ? Pu Z9m?Er o r r$ ° & o? m5 ° a ? ?''$ ?3U0 Z 9 • 3 o CJ Y O? I ? N _ r - ; D e pPe•• e yo _S sm .1r J -IN sic a lea®° m5a3So a . g mSo sE rj.l 5b„g s rr.. ° < O t: U P J i 1°? _pQ Z` h -C? 41.?td ?lS 0! Q ?.7 I gall 88512 le r oblrs} 919 Z1W?1??sj 1'Y8 € W ? J m C C lot, °?F 171 m I;?W YS<<? >- • ' N go W. I O a P s V \ 1-O ?•J OU .1 1.1W C 7 r, I i SZ i ID< 101 W) - Now 60 '° nW 1 l O L R H 1 z %o'2 %S 01 Z a 1 =` te ; j •Wr a g ;2j I d n m h? V j ?? 1 m W V 0 Q ? y '1 LL ? U I ___ I O - Ono / 4bo 0 • ? v t 1 , > b sz lv% 00 0 0 0 0 IA N 00 lE* * PIONEER eng near * 4< * * LAND SURVEYORS • OVL ENGINEERS LAND PLANNERS- LANDSCAPE ARCHITECTS 2422 Enterprise Drive Mendota Heights, MN 55120 (651) 881-1914 FAX681-9488 625 Highway 10 N.E. Blaine, MN 55434 (753) 783-1880 FAX 783-1883 Certificate of Survey for: AARBOR HOMES 1623 HARBOUR POINT EAGAN. MINNESOTA LOT AREA = 12 459 sq. ft. HOUSE AREA - x,238 SQ. FT. COVERAGE - 17.96% SERVICE ELEV. - 898.4 CHAIN LINK FENCE IS OFF LINE HOUSE TYPE: NORTHWEST CORNER (VARIES FROM .57' TO .19') FULL BASEMENT OF LOT 19 WALKOUT rA N89'32F47E 110.75 (703. o? 1 B0D'7 5' CHAIN LINK FENCE 901.1 (90,., Sj DRAINAGE & UTILITY EASEMENT PER PLAT 3 li 19 r7? I ' x903.3 /xl ??K) I X8.45 (gob-9) /1?os.t O 907.9 J/ 907.5 '\'?' 12.00,8 \p 12.00\ 14 Y 0 3 0 23.17 n n 6`r soe. TF1 9o9a r.i\ P \ROPOSED \m Lr) Zg?? ri GARAGE 4\00 I tl•? ..,... ?1I ^.r N\ \ \ \r, 39.00 m 14' BENCH MARK TOP OF SPIKE ELEV.= 909.27 a? 1 .5? 909.0 (: S) .72 PROPOSED r. DRIVEWAY N 1 ?? 'I o 8899 6.6.1, Ain ees. _ (8•E$,) f / 01.2 I 156 x W.&3 .9 V , 2.4 4 PORCH(. "7. ) 909.5 -- Y(q 11,1) // o o / EDGE OF C BITUMINOUS - - G t2 ,j Ta 157*28A23 "J 911.0 900.3 C 4.s??- ,I R R?65 00 `\\ 90B.D 908.9 6.20 1 B.7 .1 . V 907.7 907.8 31. 3 In, . 03"E SOUS LOT 19 E ? i HARBOUR POINT 907.9 NOTE: PROPOSED GRADES SHOWN PER ORA01N0 PLAN BY: see NOIE, BUILDING DIMENSIONS 1009W ARE FOR HORIZONTAL AND VERTICAL LOCATION OF STRUCTURES ONLY. SEE ARCHITT3:TUAL PLANS FOR BUILDING AND FOUNDAI M dISNAONS. NOTE: NO SPECIFIC SOILS INVESTIGATION HAS BEEN COMPLETED ON THIS LOT BY DIE SURVEYOR. THE SUTANUTY OF SOILS TO SUPPORT THE SPECIFIC HOUSE PROPOSED IS NOT THE RESPONSIBILITY OF THE SURVEYOR. NOTE, THIS CER111CA7E DOES NOT PURPORT 70 SNOW EASEEEHTS OTHER MAN THOSE SHOWN ON TIC RECORDED PLAT. HOTS: CONTRACTOR MUST VERITY DIRVEWAY UPON. NOTE, BEARRICS SHOWN ARE BASED ON AN ASSIIMED DATUM WE HEREBY CERTIFY TO AARBOR HOMES THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF: All that part of Lot 19, Block 1. MURPHY FARM 3RD ADDITION, according to the recorded plot thereof, Dakota County, Minnesota lying easterly of the following described line and Its northerly extension: Beginning at the Northwest comer of sold Lot 19; thence South 03 degrees 08 minutes 37 seconds West, a distance of 133.86 feet to the southerly line of said lot 19 and there terminating. Beraringe are based on the north line of sold Lot 19, which Is assumed to have a bearing of South 89 degrees 32 minutes 47 seconds West. IT DOES NOT PURPORT TO 5140W IMPROVEMENTS OR ENCHROACHMENTS, EXCEPT AS SHOWN. AS SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION THIS 11 DAY OF APRIL, 2003. RE95ED 4-16-03 TOM. PLAN SENT SCALE I INCH = 30 FEET MEW DIMENSIONS RENSED 4-17-03 STAKED HOUSE REVISED 7-1-03 LEGAL DESCR 7ION/AREA CALCULATIONS 100410.04 PDS\TJW\JMM REVISED 7-22-03 LEGAL DESCRIPTIONS / AREA C*LCULADONS BENCH MARK TOP OF SPIKE ELEV.= 912.37 911.3 911.3 (x,41• 910 BENCH MARK ELEV.= 913.09 913.1 1W PROPOSED HOQSE-ELE? LOWEST FLOOR ELEVATION: )O1 ? TOP OF BLOCK ELEVATION: )12,•f GARAGE SLAB ELEVAIION: X 000.00 DENOTES EXISTING ELEVATION 000.00 ) DENOTES PROPOSED ELEVATION - - - DENOTES DRAINAGE AND UTILITY EASEMENT DENOTES DRAINAGE FLOW DIRECIION -g--- DEN07ES SPIKE 0 DENOTES OFFSET HUB SIGNED: j•'PIONEER ENGINEERII'j'G, P.A. BY: i John C. I ir0''n, I.S. 12my NIT. IOR2F3 ** PIONEER * eng nQineer LANDSCAPE ARCHITECTS 2422 Enterprise Drive Mendolo Heights, MN 55120 (651) 681-1914 FAX:681-9488 9 Certificate of Survey for: AARBOR HOMES, 625 Highway 10 N.E. Blaine, MN 55434 (612) 783-1880 FAX:783-1883 INC. 1627 HARBOUR POINT, EAGAN LOT AREA = 13,333 SO. FT. HOUSE AREA = 2296 SQ. FT. 0 4 COVERAGE = 17.2 % HOUSE TYPE=2 STORY LOOKOUT SERV. INV. ELEV.=895.4 sly'e. OEXISTINGo ,2/_ o' HOUSE rn DRAINAGE & UTILITY 1.74 , HI ,D EASEMENT PER PLAT 0=Do'36'211- IV?89'32 47 E 6191.06,/ BENCH MARK 1903.1 cA?o34 40.65 904.1 . i 901.1 899_8 897.8 902.31 TOP OF PIPE x p x ELEV.=904.33 903.4 in 90//1 x l 898.9 697.3 1` 3 0 / x 5 `Lr 903.0 x(903.9 902.2 ^? OCV 40 /3p0\o90 0'00' `903.5 p V / >tP .1 o o a er 7T 0 0 ^ON // h // ??.- O o?00 ai600 .+' / 905.8 M (? ?t 1 /104.8 ? O5' 5 o 000 19 Q i O / ` `8 3 I tP 0o ,D I (VACANT) x `V 908.1 X040 / ?` $2? y?oo 1 I q?l Ip1 ?? / / 18 906.6 60 'GPRPr;E sod rn :n 906.5 X J 1 O M 904.7 / 904.7 < 6. 0 ° 32?y,9•Sl - Co A J ,0 BENCH MARK PROPOSED O tS'• M? S.T.M.H? TOP OF PIPE 907.5 DRIVEWAY 05.0 ELEV.-907.90 o I S 1 LT x 907.1 G 0 ?? a 4 q1 5 905.2 - sav 0-`` o `qO00 ELEC. TELE. 15.30 08.1 6>3 0Q 9 907.5 ,jam 907.9 N HARBOUR TOP NT 86E I-- PROPOSED TI NOTE: PROPOSED GRADES SHOWN PER GRADING PLAN BY. BRW LOWEST FLOOR ELEVATION: go NOTE: BUILDING DIMENSIONS SHOWN ARE FOR HORIZONTAL AND VERTICAL LOCATION OF STRUCTURES ONLY. SEE ARCHITECTUAL PLANS FOR BUILDING AND C q, q TOP OF BLOCK ELEVATION: FOUNDATION DIMENSIONS. GARAGE SLAB ELEVATION: 0 NOTE: NO SPECIFIC SOILS INVESTIGATION HAS BEEN COMPLETED ON THIS LOT BY THE SURVEYOR. THE SUITABILITY OF SOILS TO SUPPORT THE SPECIFIC HOUSE TOB ® LOOKOUT ELEVATION: off' PROPOSED IS NOT THE RESPONSIBILITY OF THE SURVEYOR. NOTE: THIS CERTIFICATE DOES NOT PURPORT TO SHOW EASEMENTS OTHER THAN X 000.00 DENOTES EXISTING ELEVATION THOSE SHOWN ON THE RECORDED PLAT ( 000.00 ) DENOTES PROPOSED ELEVATION NOTE: CONTRACTOR MUST VERIFY DRIVEWAY DESIGN. DENOTES DRAINAGE AND UTILITY EASEMENT - - DENOTES DRAINAGE FLOW DIRECTION NOTE BEARINGS SHOWN ARE BASED ON AN ASSUMED DATUM • DENOTES MONUMENT p DENOTES OFFSET HUB WE HEREBY CERTIFY TO AARBOR HOMES, INC. THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF: LOT 18, BLOCK 1, MURPHY FARM THIRD ADDITION DAKOTA COUNTY, MINNESOTA IT DOES NOT PURPORT TO SHOW IMPROVEMENTS OR ENCHROACHMENTS, EXCEPT AS SHOWN, AS SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION THIS 13TH DAY OF JUNE, 2001. REVISED 9-28-01 EXTRA SHOTS _ SIGNED: PIONEER ENGI ING, P.A. SCALE : 1 INCH = 30 FEET RL-?mxo ,o-z-o I (olEiAGE /L 4 BY: John C Larson S L R N 19828 5 100410.02 BAT . , . . eg. o. arbor FIomes. 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 the vacation of an easement. 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 a new 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. We (Aarbor) have met and discussed with the homeowners of Lot 18, and Aarbor Homes has agreed to freely give an additional amount of 588;'- square feet of land that previously was included in the square footage amount of Lot number 19 (parcel A). ?57:y By changing the lot lines to both parcels, we (Aarbor) feel it would be m the best interests of both Lot 18 and 9,lto resolve any future discrepancies and also request a petition to vacate. The vacation. request would move the existing easements to coordinate with the new lot lines Of both parcels. Both requests meet all lot area requirements including setbacks for the R- 1 zone. E 0 i c a Agenda Information Memo December 1, 2003 Eagan City Council D. CONDITIONAL USE PERMIT - CITY OF EAGAN ACTION TO BE CONSIDERED: To approve a Conditional Use Permit to allow construction of a 10' tall brick screening wall for the Northern Natural Gas Pressure Reducing Station on property located at 3409 Coachman Road in the NW '/4 of Section 16, subject to the conditions in the APC minutes. FACTS: • Pressure reducing station consists of pipes, valves, & metal shed housing monitoring equipment. • City Code allows a wall up to 8' in height for business or industrial uses. • Replacement wall construction began; due to sloping grade of site, 8' wall does not screen equipment from view of right-of-way. • Applicant proposes a screening wall varying in height from 6' to 10', based on topography, to adequately screen facility equipment from view. ATTACHMENTS: APC Minutes, November 25, 2003, pa eI53 Staff Report, pages through it * /S- City of Eagan Advisory Planning Commission Meeting Minutes DR AFT November 25, 2003 Page 16 G. CONDITIONAL USE PERMIT - CITY OF EAGAN A Conditional Use Permit to allow a wall in excess of eight feet and no greater than 10 feet, located on Northern Natural Gas property at 3409 Coachman Road in the NW % of Section 16. City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated November 13, 2003. He noted the background and history. 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 Steininger moved, Member Bendt seconded a motion to recommend approval of a Conditional Use Permit to allow a wall in excess of eight feet and no greater than 10 feet, located on Northern Natural Gas property at 3409 Coachman Road in the NW '/. of Section 16 subject to the following conditions: This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. A Building Permit shall be obtained from the City prior to further construction or completion of the wall to verify minimum building safety standards. 3. The wall shall not exceed 10'in height. 4. The wall shall not exceed the dimensions of the 70' x 80' easement allowed for the pressure reducing station facility. 5. All appropriate safety and warning signs shall be placed at both entrance/exit gates. 6. All signage must meet code requirements. All voted in favor. Motion carried 6-0. IV. VISITORS TO BE HEARD (FOR ITEMS NOT ON THE AGENDA) There were no visitors to be heard for items not on the agenda. V. Other Business City Planner Ridley stated the December Advisory Planning Commission will be held on Thursday, December 18th, 2003. He suggested that the Advisory Planning Commission meet at 5:30 p.m. for a workshop. He also announced that Planner Dudziak had a baby girl last week. She will be gone until April or May, 2004. He also explained that the City I53 PLANNING REPORT CITY OF EAGAN REPORT DATE: November 13, 2003 APPLICANT: City of Eagan PROPERTY Northern Natural Gas OWNER: CASE: 16-CU-17-10-03 HEARING DATE: November 25, 2003 APPLICATION DATE: November 12, 2003 REQUEST: Conditional Use Permit LOCATION: 3409 Coachman Road PREPARED BY: Mary Granley COMPREHENSIVE PLAN: QP - Public/Quasi-Public ZONING: PF - Public Facility SUMMARY OF REQUEST The City's Public Works Department is requesting approval of a Conditional Use Permit to allow a 10' brick screening wall for the Northern Natural Gas Pressure Reducing Station on property located at 3409 Coachman Road in the NW %4 of Section 16. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C, Evaluation Criteria, states that the Advisory Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permit only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Planning Report - EZ Storage November 6, 2003 Page 2 D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Advisory Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The subject site is 4,200 s.f. in area and is zoned PF - Public Facility. It is located on the west side of Coachman Road, south of Yankee Doodle Road, and is adjacent to the City of Eagan's North Water Treatment Facility. The site accommodates a brick wall partially screening the Northern Natural Gas Pressure Reducing Station which operates under a 25-year franchise agreement with the City that was approved on September 20, 1983. In the summer of 2003, an expansion of the water treatment facility began. During the facility expansion, Northern Natural Gas contacted the City seeking an additional easement to expand the size of their station to house supplemental equipment necessary to clean and test their lines, as required by the Department of Pipeline Safety. With expansion space limited, the Public Works Department reached a viable solution that allowed the footprint of the pressure reducing station to remain the same while meeting the equipment needs of Northern Natural Gas. EXISTING CONDITIONS The pressure reducing station consists of pipes and valves, and a metal shed that houses monitoring equipment for the facility. A 6' high gated brick enclosure wall surrounds the reducing station equipment to screen it from public view, but does not adequately screen the 10-12' high Planning Report - EZ Storage November 6, 2003 Page 3 metal shed from view of the public right-of-way. Access to the structure is gained from a gate on the east side of the wall facing Coachman Road. During site investigations for the reconstruction of the pressure reducing station, it was determined that the original brick screening wall was in a severe state of deterioration, structurally unstable an d required rebuilding. In addition, Northern Natural NONE Gas requested a second access from the west side for a new gate entrance/exit to the facility in addition to the east entrance/exit. In consideration of this access request, Northern Natural Gas agreed to construct a replacement brick screening wall of sufficient height to completely screen the metal shed from view of southbound traffic on Coachman Road. A screening wall or fence up to 8' in height is allowed for business or industrial uses. With the screening wall construction underway, it was determined that due to the sloping grade of this site certain sections of the wall would exceed the 8' limitation if the wall were constructed of sufficient height to screen the metal shed. EVALUATION OF REQUEST City Code states that property line fences within all business and industrial districts shall not exceed eight (8) feet in height, except by Conditional Use Permit. City Code defines a fence as any partition, structure, wall or gate erected as a dividing marker, visual or physical barrier, or enclosure and located along the boundary or within the required yard. Per the City Fire Marshal, the access gates meet all fire code requirements. The property owner is proposing a screening wall varying in height from 6' to 10' in response to the City's request to reconstruct the wall to a height sufficient to adequately screen the equipment within the pressure reducing station. Staff is unaware of a screening wall exceeding 8' in height within the City; however retaining wall structures of this height are not remarkable. The property owner states the location of the wall is within 8' of the Coachman Road curbline. The brick selected for the wall was chosen to match the brick used in construction of the water treatment facility. A diamond design is embedded within the wall on the east elevation, to enhance the streetscape view of the structure and break up the solid wall visual section. The brick wall would be approximately 9' 6" at the east elevation, 7' at the west elevation, and vary from 6' to 10' at the north and south elevations. SUMMARY/CONCLUSION The property owner proposes to complete construction of the brick screening wall, increasing the height as necessary to completely screen the metal equipment shed, but not exceeding 10' in height. /5? Planning Report - EZ Storage November 6, 2003 Page 4 The proposal appears to meet screening requirements for mechanical equipment, and should not have a detrimental effect on traffic or surrounding properties. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit for a brick screening wall on property located at 3409 Coachman Road in the NW 1/4 of Section 16. If approved, the following conditions should apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. A Building Permit shall be obtained from the City prior to further construction or completion of the wall to verify minimum building safety standards. 3. The wall shall not exceed 10'in height. 4. The wall shall not exceed the dimensions of the 70' x 80' easement allowed for the pressure reducing station facility. 5. All appropriate safety and warning signs shall be placed at both entrance/exit gates. 6. All signage must meet code requirements. 15'1 FINANCIAL OBLIGATION-I6-CU-17-10-03,10-01600-010-25 3409 Coachman Road There are pay-off balances of special assessments totaling $-0- on the parcel proposed for the conditional use. At this time, there are no pending assessments on the property for which the conditional use permit is requested. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or conditional use. IMPROVEMENT None USE RATE QUANTITY AMOUNT Total PO Location Map Eagan Boundary Street Centerline Parcel Area Building Footprint Development/Developer. Northern Natural Gas-City of Eagan Application: Conditional Use Permit Case No.: 16-CU-17-10-03 Map Prepared using ERSI ArcVlew 3.1. Parcel base map data provided N by Dakota County Office at GIS and is current as of June 2003. THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E city oF eagan The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are Community Development Department not responsible for errors or omissions. 1000 0 1000 2000 Feet city of eagan MEMO TO: MARY GRANLEY, CODE ENFORCEMENT TECHNICIAN FROM: TOM COLBERT, DIRECTOR OF PUBLIC WORKS DATE: NOVEMBER 12, 2003 SUBJECT: CUP - NORTHERN NATURAL GAS (BRICK WALL) BACKGROUND Northern Natural Gas (NNG) owns and operates a Pressure Reducing Station (TBS #1) located on the west side of Coachman Road just south of Yankee Doodle Rd. This facility currently consists primarily of pipes and valves with a metal shed-type structure to house their monitoring equipment with a metal gate providing access directly from Coachman Rd. HISTORY NNG operates under a 25 year Franchise Agreement with the City of Eagan approved by the Council on Sept. 20, 1983. One of the conditions negotiated with this Franchise renewal was the construction of a screening wall comprised of the same brick as the adjacent City Water Treatment Facility of sufficient height to shield the internal piping yard from the public's view. Subsequent to the installation of this wall, NNG installed a 10-12' metal shed building which exceeded the effective screening height of the then existing brick wall. During this past summer, the City began construction of a significant expansion to the existing Water Treatment Facility incorporating an addition for the Administration and Operation of the City's Utility Maintenance Division. During this same time frame, NNG approached the City to inquire about acquiring additional easements from the City to expand the size of their current Pressure Reducing Station (PRS) to accommodate additional equipment necessary to clean and test their lines as required by the Department of Pipeline Safety (DPS). Due to the limited unencumbered space available for any expansion by NNG, the Public Works Dept. worked out a solution that allowed the footprint of the PRS to remain the same. However, during site investigations, it was determined that the original wall was in a severe state of deterioration, structurally unstable and needed to be rebuilt. In consideration of providing additional access rights for a new gate to be installed in the back wall (west side), NNG agreed to raise the height of the wall sufficiently to screen the internal shed from view of southbound traffic on Coachman Rd. NARRATIVE ISSUE During the discussion of reconstructing the new wall, it was determined that no building permits were required as it was considered a screening fence/wall. Hence, no detailed plans were submitted for formal review. The wall consists of various dimensions due to the sloping hillside it is located on. During the construction of this wall, it was discovered that certain sections of the wall appeared to be exceeding the City's height limitations allowed by code. Upon obtaining a copy of the plan set, it appears that the wall height varies from 6'-10'. According to the City's code, I understand that a Conditional Use permit is required for any fence/wall in excess of 8'. Since NNG was responding to the City's request to reconstruct the wall to a height sufficient to adequately screen the internal fixtures, I agreed to process the appropriate applications on their behalf. This PRS is located within 8 feet of the Coachman Rd. curbline and will be literally in the front yard of the City's new expanded state of the art Water Treatment Facility and will be the first image that the traveling public and local residents have as they travel southbound on Coachman Rd. The east (street) side incorporates architectural designs in the wall itself to minimize the visual impact of the wall due to the inability to effectively install plant material to adequately screen this facility. RE VEST NNG and The Public Works Department are respectfully requesting approval for a Conditional Use Permit for a wall in excess of 8' for the Northern Natural Gas Pressure Reducing Station (TBS #1) located on Coachman Road south of Yankee Doodle Rd. I would be happy to provide additional information as may be helpful to understand the merits of this request. Please let me know if you need any further information. 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A an s.-- I ---- --------------Wdw -- ---3.0[1L005 ts'f,U a a N W V1 m °u I y ? ?, I be I I I C ?I = y sl i`+ A Iy O 3.0[LLOOS VS91'LS-'-- Agenda Information Memo December 1, 2003 E. ORDINANCE AMENDMENT - CHAPTER 10, SECTION 10.11, OF THE EAGAN CITY CODE ENTITLED DOG AND CAT REGULATION AND DOG LICENSING ACTION TO BE CONSIDERED: To approve an ordinance amendment to Chapter 10, Section 10.11 entitled dog and cat regulation and dog licensing. FACTS: • As a matter of housekeeping, staff is requesting approval of an ordinance amendment to Chapter 10, Section 10.11, Subdivision 1, Definitions and Subdivision 7, Potentially Dangerous and Dangerous Dogs. The amendment is based upon the need to correct a couple of typographical errors, to add language that was inadvertently omitted and to clarify existing language. The changes are consistent with the language contained in Minnesota State Statutes 347.50-347.56 regarding potentially dangerous and dangerous dogs. ATTACHMENTS: • Draft Ordinance amendment enclosed on pages _ _ through 169. Wg- ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY AMENDING SECTION 10.11 REGARDING POTENTIALLY DANGEROUS AND DANGEROUS DOG REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Ten is hereby amended by changing the definition of "potentially dangerous dog" in Section 10.11, Subd. 1, to read as follows: Potential dangerous dog means any dog that has: (1) When unprovoked, inflicts bites on a human or domestic animal on public or private property. (2) When unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack; or (3) Has a known propensity, tendency or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. Section 2. Eagan City Code Chapter Ten is hereby amended by changing Section 10.11, Subd. 7(A), (B) and (C), in part, to read as follows: Subd. 7. Potentially dangerous or dangerous dogs. A. Minn. Stat., §§34 7.50-34 7.55 adopted by reference. Except as otherwise provided in this chapter, the regulatory and procedural provisions of Minn. Stat. §§347.50- 347.55 347.56 (commonly referred to as the dangerous dog regulations), as amended, through Laws 2001, are hereby incorporated herein and adopted by reference, including the penalty provisions thereof. B. Declaration of potentially dangerous or dangerous dog. A city police officer, community service officer or animal control officer may declare a dog to be potentially dangerous or dangerous when the officer has probable cause to believe that the dog is potentially dangerous or dangerous as defined herein. A written notice declaring the dog potentially dangerous shall be personally served upon the owner of the dog. The officer shall provide a copy of the notice served upon the dog owner, along with an affidavit of serve service, to the city clerk. For purposes of declaring a dog potentially dangerous or dangerous the notice must include a copy of the provisions of this section and Minn. Stat. §§347.50-345 11,/p 347.56 and a form, with instructions, to request an appeal of the declaration of the owner's dog as potentially dangerous or dangerous. Beginning 180 days from the date a dog is declared dangerous or the date of the hearing officer's written findings of fact and conclusions affirming the declaration of the dog as dangerous if the owner appealed the notice of declaration of dangerous dog, the dog owner may request annually that the city review the designation. The owner shall provide clear and convincing evidence that the dog's behavior has changed due to the dog's age, neutering, environment, completion of obedience training that includes modification of aggressive behavior, or other factors rendering the dog no longer dangerous. The hearing officer shall review the evidence without hearing and if the hearing officer finds sufficient evidence that the dog's behavior has changed and the dog is no longer dangerous, the hearing officer may rescind the dangerous dog designation. C. Appeal. Any owner of a dog declared potentially dangerous or dangerous may appeal by serving upon the city clerk, within three business days of receipt of the notice declaring the dog potentially dangerous or dangerous, inclusive of the date the notice is received, a written notice of appeal. The appeal hearing shall be heard by the hearing officer within 14 days of the date the declaration notice is served upon the dog owner. The appeal hearing shall be conducted in an informal manner and the Minnesota Rules of Civil Procedure and Rules of Evidence shall not be strictly applied. The hearing need not be transcribed, but may be transcribed at the sole expense of the party who requests transcription. After considering all evidence submitted, the hearing officer shall make written findings of fact and conclusions on the issue of whether the dog is a potentially dangerous or dangerous dog within five business days of the date of the appeal hearing. The findings and conclusions shall be served upon the owner by U.S. mail, within the five-day time period. An owner's right to appeal or otherwise contest a potentially dangerous or dangerous dog declaration shall be deemed waived if the owner fails to serve a written request for appeal as required herein or fails to appear at the scheduled appeal hearing date. Section 3. Eagan City Code Chapter Ten is hereby amended by changing Section 10.11, Subd. 7(D)(1), to read as follows: (1) Registration of dangerous dogs. In accordance with 1998 Minnesota Session Law, Chapter 277, the city shall be responsible for the regulatory and procedural provisions for dangerous dogs registration pursuant to Minn. Stat. § 347.51, as amended, through Laws 1998, Min Stat §3471 51, as ended throug7, r ., s 1998, which is hereby incorporated herein and adopted by reference in its entirety to the extent that any reference to the term "county" shall be substituted with the term "city". 10 The owner of a dangerous dog for which a certificate of registration is required under this paragraph shall pay an annual registration fee, in addition to a fee for the cost of the dangerous dog warning symbol and tag. The fees shall be in the amounts as determined by city council resolution. The owner of a dangerous dog must annually renew the certificate of registration with the city so long as the dangerous dog is located within the city. Section 4. Eagan City Code Chapter Ten is hereby amended by changing Section 10.11, Subd. 7(E), to read as follows: E. Compliance with potentially dangerous dog regulations. If no timely appeal is received by the city clerk., or the appeal hearing office find the er's dog the owner of a potentially dangerous dog shall immediately implant a microchip in the dog for identification within 14 days of the date of the notice of potentially dangerous dog and provide to the city the name of the microchip manufacturer and identification number. If a hearing is requested and the appeal hearing officer finds the owner's dog is potentially dangerous, the dog owner shall implant a microchip in the dog for identification within 14 days of the hearing officer's findings of fact and conclusion and provide to the city the name of the microchip manufacturer and identification number. All costs related to the purchase and implementation of the chip must be paid by the dog's owner. Section 5. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 10.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 6. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: Maria Petersen Its: City Clerk Date Ordinance Adopted: CITY OF EAGAN City Council By: Pat Geagan Its: Mayor Date Ordinance Published in the Legal Newspaper: 1'?Oe AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER DECEMBER 1, 2003 1. CALL TO ORDER P. I'D II. ADOPT AGENDA Ill. APPROVE MINUTES IV. OLD BUSINESS ?1?J 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 - Continue to December 16, 2003 V. NEW BUSINESS A. Resolution Acknowledging the EDA Regular Meeting Schedule and Adopting a Process for Cancellation of Meetings VI. OTHER BUSINESS P. 11q VII. ADJOURNMENT 1(09 Agenda Information Memo December 1, 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. III. APPROVE MINUTES ACTION TO BE CONSIDERED: 1. To adopt a resolution approving the minutes of the November 18, 2003 EDA meeting as presented or modified. ATTACHMENTS: • Enclosed on page 171 is a copy of the minutes of the November 18, 2003 EDA meeting. • Enclosed on pages is a copy of the resolution approving the minutes of the November 18, 2003 EDA meeting. /70 MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota November 18, 2003 A meeting of the Eagan Economic Development Authority was held on Thursday, November 18, 2003 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 Carlson moved, Commissioner Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Fields moved, Commissioner Tilley seconded a motion to adopt a resolution approving the minutes of the October 28, 2003 and November 6, 2003 EDA meeting as presented. Aye: 5 Nay: 0 OLD 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 Community Development Director Hohenstein discussed this item. Commissioner Fields moved, Commissioner Maguire seconded a motion to adopt a resolution approving an amended and restated development agreement relating to Tax Increment Financing District No. I between the Eagan Economic Development Authority and U.S. Home Corporation. Aye: 5 Nay: 0 ADJOURNMENT Commissioner Tilley moved, Commissioner Maguire seconded a motion to adjourn the meeting at 7:57 p.m. Aye: 5 Nay: 0 Date Executive Director If you need these minutes in an alternative form such as large print, Braille, audio tape, etc, please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600 (TDD phone: (612) 454- 8535. ni EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING THE MINUTES OF THE NOVEMBER 18, 2003 SPECIAL MEETING BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the minutes of the November 18, 2003 special meeting of the Eagan Economic Development Authority. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Gene VanOverbeke, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 1St day of December, 2003. Gene VanOverbeke, Secretary/Deputy Executive Director /77 Agenda Information Memo December 1, 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 to a future EDA meeting. 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. 173 Agenda Information Memo Page 3 December 1, 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. 17Y Agenda Information Memo December 1, 2003 Eagan Economic Development Authority Meeting V. NEW BUSINESS A. RESOLUTION ACKNOWLEDGING THE EDA REGULAR MEETING SCHEDULE AND APPROVING A PROCESS BY WHICH MEETINGS MAY BE CANCELLED ACTION TO BE CONSIDERED: To adopt a resolution acknowledging the EDA regular meeting schedule and approving a process by which EDA meetings may be cancelled. FACTS: Under its bylaws, the Eagan Economic Development Authority's regular meetings are scheduled to coincide with the regular meetings of the City Council. In consideration of the fact that there are not always EDA business items every two weeks, the Authority has followed a process by which its regular meeting is held on the same evening as the first City Council meeting of the month and that special meetings of the Authority may be set for other times. From time to time, agreements and other background for Authority consideration are in process and the timing of their finalization is unknown. As a consequence, the Authority has been asked to set special meetings on a regular basis in case the matter is ready for consideration and, if it is not, the Authority has had to hold a meeting for the sole purpose of continuing the business item to a later date. Staff, in consultation with the Authority's attorney, has suggested that the Authority reestablish the meeting schedule defined in the bylaws, with a mechanism by which the Authority may cancel such meetings as a part of the adoption of the City Council agenda. At its meeting of November 18, 2003, the Authority gave direction to prepare an action item in that regard. ATTACHMENTS: • Excerpt from EDA Bylaws regarding meetings on page 71 ?P • Resolution acknowledging the EDA regular meeting schedule and approving a process by which EDA meetings may be cancelled on pages • Meeting schedule through January, 2004 on page 17P 175~ (including the Executive Director) shall be determined by the Authority subject to the laws of the State of Minnesota. ARTICLE III - MEETINGS Section 1. Annual Meeting. The annual meeting of the Authority shall be held on the first Tuesday of January at seven o'clock p.m. at the regular meeting place of the Authority. Section 2. Regular Meetings. Regular meetings shall be held without notice at the regular meeting place of the Authority on the dates and at the times established for regular meetings of the City Council. Section 3. Special Meetings. Special meetings of the Authority may be called by the President, or two members of the Authority for the purpose of transacting any business designated in the call. The call for a special meeting may be delivered at any time prior to the time of the proposed meeting to each member of the Authority or may be mailed to the business or home address of each member of the Authority at least two (2) days prior to the date of such special meeting. At such special meeting no business shall be considered other than as designated in the call, but if all of the members of the Authority are present at a special meeting, any and all business may be transacted at such special meeting. Section 4. Quorum. The powers of the Authority shall be vested in the Commissioners thereof in office from time to time. Three Commissioners shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes, but a smaller number may adjourn from time to time until a quorum is obtained. 4 Me EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION ACKNOWLEDGING THE EDA REGULAR MEETING SCHEDULE AND APPROVING A PROCESS BY WHICH MEETINGS MAY BE CANCELLED BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to Acknowledge the EDA Regular Meeting Schedule and Approve a Process by which EDA Meetings may be Cancelled. BE IT RESOLVED that the Board specifically acknowledges that regular EDA meetings are to be scheduled on the same dates and times of regular City Council meetings (See Attached Schedule through January, 2004), and BE IT FURTHER RESOLVED that the Board specifically approves a process that permits the Board, acting in its capacity as the City Council, to take action during the adoption of the City Council meeting agenda to cancel an EDA meeting, if there are no business items that are ready for consideration at that time. 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 1St day of December, 2003. Gene VanOverbeke, Secretary/Deputy Executive Director !'77 EAGAN ECONOMIC DEVELOPMENT AUTHORITY MEETING SCHEDULE DECEMBER 2003-JANUARY 2004 Monday, December 1, 2003 Tuesday, December 16, 2003 Tuesday, January 6, 2004 Tuesday, January 20, 2004 All meetings will be scheduled as a part of the regular Eagan City Council meetings, which are held at 6:30 p.m., unless otherwise noted. Agenda Information Memo December 1, 2003 Eagan Economic Development Authority Meeting VI. OTHER BUSINESS There is no other business to come before the EDA at this time. VII. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Commission meeting and reconvene the City Council meeting. 0