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.
ATTACHMENTS:
• Liquor license renewals on pages /? throughQ0 .
17
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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.
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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
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Lot 3 s+0
J
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33
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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
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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.
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SUPER MERICA/EAGAN AUTO MALL EXISTING
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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
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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
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EDGE MILL I -
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32' (F-F)
11/2' TYPE 41 BITUMINOUS OVERL Y
REPLACE EX. CURB &
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BITUMINOUS TACK COAT
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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
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G:FORMS/SIGN-IN.Sheet
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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
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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
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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
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Wilderness Park 2nd & 3rd Additions
Location Map Fig. 1
City of Eagan City Project - 897
PATRICK
EAGAN
PARK
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4 8 14 17
4337 4336 4335 4342
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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
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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.
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- 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
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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
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Comprehensive Guide Plan
Land Use Map
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Limited Industrial
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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
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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
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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
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Development/Developer: Cedarvale Business Center
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Case No.: 19-CU-16-10-03 and 19-VA-18-10-03
Map Prepared using ERSI GIS Pan :*1 base nap data provided
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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.
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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 $-0- on the parcels for the
proposed waiver of plat.
At this time, there are no pending assessments on the properties for which the waiver of
plat is requested.
Based upon the study of the financial obligations collected in the past and the uses
proposed for the property, the following charges are proposed. The charges are
computed using the City's existing fee schedule and for the connection and availability of
the City's utility system. The charges will be computed using the rates in effect at time of
connection or conditional use.
IMPROVEMENT
None
USE
RATE QUANTITY AMOUNT
Total
/WP
Eagan Boundary
Location
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Application: Waiver of Subsivision
Case No.: 21-WA-0410-03
Map Prepared using IRSI AreView 3.1. Parul bass map data provided N
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W E
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* 4< * *
LAND SURVEYORS • OVL ENGINEERS
LAND PLANNERS- LANDSCAPE ARCHITECTS
2422 Enterprise Drive
Mendota Heights, MN 55120
(651) 881-1914 FAX681-9488
625 Highway 10 N.E.
Blaine, MN 55434
(753) 783-1880 FAX 783-1883
Certificate of Survey for: AARBOR HOMES
1623 HARBOUR POINT EAGAN. MINNESOTA
LOT AREA = 12 459 sq. ft.
HOUSE AREA - x,238 SQ. FT.
COVERAGE - 17.96%
SERVICE ELEV. - 898.4 CHAIN LINK FENCE IS OFF LINE
HOUSE TYPE: NORTHWEST CORNER (VARIES FROM .57' TO .19') FULL BASEMENT OF LOT 19
WALKOUT rA N89'32F47E 110.75
(703. o? 1 B0D'7 5' CHAIN LINK FENCE
901.1
(90,.,
Sj DRAINAGE & UTILITY
EASEMENT PER PLAT
3 li 19
r7? I ' x903.3 /xl
??K) I X8.45 (gob-9) /1?os.t
O 907.9 J/ 907.5 '\'?'
12.00,8 \p 12.00\
14 Y 0 3 0 23.17 n n 6`r
soe.
TF1 9o9a r.i\ P \ROPOSED \m
Lr)
Zg??
ri GARAGE 4\00 I
tl•? ..,... ?1I ^.r N\ \ \ \r, 39.00 m 14'
BENCH MARK
TOP OF SPIKE
ELEV.= 909.27
a? 1 .5? 909.0 (: S)
.72 PROPOSED
r. DRIVEWAY
N 1 ??
'I o
8899 6.6.1, Ain
ees.
_ (8•E$,)
f /
01.2 I
156
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909.5 -- Y(q 11,1) //
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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.
Enc: Before and After Photos
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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.
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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
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(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.
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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
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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.
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