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08/04/2008 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING August 4, 2008 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE Q,I II. ADOPT AGENDA (At approximately 8:00 p.m. the Council will take a short recess) III. RECOGNITIONS AND PRESENTATIONS ?D Q,. A. National Night Out - August 5, 2008 t0 IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) 7.3 A. APPROVE MINUTES I/ B. PERSONNEL ITEMS Ia C. APPROVE Check Registers t3 D. APPROVE list of election judges for the September 9, 2008 Primary Election E. APPROVE on-sale 3.2 percent malt liquor (beer) license for De'Lices De France Bakery, LLC aF .APPROVE off-sale 3.2 percent malt liquor (beer) license for Wal-Mart Stores, Inc. ?G. APPROVE Tobacco License for Holiday Station Store, 2660 Eagan Woods Drive ?a?H. APPROVE 2009 Civic Arena Budget, 2008-2009 Season Rates, and Purchase of 2009 Capital Outlay Items PL-7 I. APPROVE Civic Arena Mezzanine Improvements Funding Source P.WJ. ADOPT Resolution for the Dakota Traffic Safety Grant Pap K. APPROVE Variance to City Ordinance for Construction Noise Hours for Contract 08-07 (Safari & Lexington/Diffley - Reservoirs) L. Item removed ?33 M. RECEIVE Bids & Award Contract for Contract 08-01 (Holland Lake Lift Station) yj N. APPROVE final payment of Contract 08-11 (City-Wide Sealcoat) O. APPROVE extension of recording Final Plat for CCBC Addition p US- P. APPROVE extension of recording Final Subdivision of Clearview 4th Addition 2J ' Q. APPROVE Final Plat - Lundberg Addition .f5J R. DIRECT Ordinance Amendment to Chapter 10 in reference to trash and refuse removal PSaS. ADOPT Resolution approving a Premise Permit for the Metro Baseball League to operate a pull-tab operation on Joe Senser's Sport Grill and Bar premises V. PUBLIC HEARINGS VI. OLD BUSINESS VII. NEW BUSINESS p sqA. PLANNED DEVELOPMENT AMENDMENT - Valvoline Instant Oil Change - A Planned Development Amendment to allow a reader board on existing pylon sign located at 1180 Yankee Doodle Road on Lot 1, Block 1, Town Centre 100 11th Addition in the NE % of Section 15. MB. VARIANCE AND CONDITIONAL USE PERMIT - Final Coat Painting Inc. - A Variance to required pavement setbacks for shared driveway and a Conditional Use Permit to allow outdoor storage located at 3195 Terminal Drive on Lot 1, Block 1, Sibley Terminal Industrial Park in the NE %4 of Section 10. C. REZONING - Gift of Mary - A Rezoning of approximately 33 acres from Planned Development to Agriculture and termination of the Gift of Mary Planned Development Agreement located at Eagan/Inver Grove Heights border between Highway 55 and Lone Oak Road in the NE %4 of Section 12. VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER ?' lOlg B. ADOPT AGENDA C. CONSENT AGEND D. OLD BUSINESS 1. NORTHEAST E Acquisition of E 2. CEDAR GROVE Acquisition of N 3. CEDAR GROVE Acquisition of S E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURNMENT A AGAN REDEVELOPMENT DISTRICT - APPROVE Stipulation of Settlement for ggum Estate Property located on Blue Gentian Circle REDEVELOPMENT DISTRICT - APPROVE Stipulations of Settlement for ull Property located at 3998 Sibley Memorial Hwy REDEVELOPMENT DISTRICT - APPROVE Stipulations of Settlement for chendel Properties located at 3995 & 4015 Cedarvale Drive X. ADMINISTRATIVE AGENDA / COUNCIL COMMENTS XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIII. ADJOURNMENT Alj? City of Eagan Memo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 1, 2008 SUBJECT: AGENDA INFORMATION FOR AUGUST 4, 2008 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the August 4, 2008 City Council agenda, the following items are in order for consideration. Agenda Information Memo August 4, 2008 City Council Meeting III. RECOGNITIONS AND PRESENTATIONS A. NATIONAL NIGHT OUT-TUESDAY, AUGUST 5, 2008 ACTION TO BE CONSIDERED: No action is required; rather, the item is on the agenda to recognize August 5 as National Night Out and encourage citizens to participate in their block parties. FACTS: • The City of Eagan, along with thousands of communities across the country will be celebrating National Night Out this Tuesday, August 5. • The City of Eagan will have 150 block parties associated with National Night Out. • Residents are encouraged to turn on their porch lights, lock their doors, and come out to celebrate National Night Out with their neighbors. • A representative of the Police or Fire departments will be attending all 150 parties. • Police Chief McDonald will be in attendance at the August 4 City Council meeting, and is prepared to respond to any questions or add further comments about National Night Out if requested by the Council. Agenda Information Memo August 4, 2008 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 July 15, 2008 regular City Council meeting and the July 8, 2008 Special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the July 15, 2008 regular City Council meeting are enclosed on pages _ through . • Minutes of the July 8, 2008 Special City Council meeting are enclosed on pages 9 through I a R? MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 15, 2008 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire Councilmembers Bakken, Fields and Tilley. Susan Johnson, an applicant for the Council vacancy who was unable to attend the interview on July 8, was present to introduce herself to the Council and express her continued interest in being considered for the Council position. A regular meeting of the Eagan City Council was held on Tuesday, July 1, 2008 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields and Tilley. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that two items will be added under Recognitions and Presentations. He also noted that item B under Old Business would be continued. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 4 Nay: 0 RECOGNITIONS AND PRESENTATIONS Severine Jullien of Leon, France who will be interning in the City Administrator's office for the month of July was introduced. Eagan's designation by Money Magazine as the 17`h best place to live in America's small cities for 2008 was noted. Mayor Maguire discussed the upcoming open space meetings regarding the Carriage Hills property. CONSENT AGENDA Item F was pulled for comment by Councilmember Bakken. Item R was pulled for comment by Mayor Maguire. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda as presented. Aye:4 Nay: 0 A. It was recommended to approve the minutes of the July 1, 2008 regular City Council meeting and the June 12, 2008 Special City Council meeting as presented. B. Personnel Items 1. Acknowledged the promotion of Dan Tocko to Sergeant effective July 1, 2008. 2. Ratified Memo of Understanding between the City of Eagan and LELS representing Local 185 (Sergeants) regarding the implementation and participation of employees in the Post Retirement Health Care Savings Plan. C. It was recommended to ratify the check registers dated July 3, 2008 and July 9, 2008 as presented. D. It was recommended to approve a Tobacco License for Chip Ly Lim, Comer's Liquor, 3090 Courthouse Lane. E. It was recommended to approve a temporary on-sale liquor license for Faithful Shepherd Catholic School and waive the $150.00 license fee. F. It was recommended to approve and sign two separate Joint Powers Agreements with the City of St. Paul for public safety and security mutual aid during the events of the Republican National Convention. G. It was recommended to award contracts for purchase of two replacement fire engines with final contract language subject to approval by the City Attorney's Office and City staff and to approve a reimbursement resolution. 4 Eagan City Council Meeting Minutes July 15, 2008 Page 2 H. It was recommended to authorize the issuance of a request for proposal for development of government optical fiber network between the City of Eagan, Dakota County, Dakota County Community Development Agency, and the State of Minnesota Office of Enterprise Technology. 1. It was recommended to approve Change Order #1, which is a total deduct amount of $12,447 for the Eagan Civic Arena West Mezzanine construction. J. It was recommended to direct staff to initiate an Ordinance Amendment to Chapter 11, specifically as it relates to accessory structures. K. It was recommended to authorize the preparation of a resolution to allow a temporary (5 year) deferment for MVTA to comply with the MPCA noise attenuation standards for the Cedar Grove Transit Station. L. It was recommended to approve a contract for Servicemaster to continue the janitorial service for the Municipal Building, Police Facility, Fire Administration Building, Maintenance Facility and the North Treatment Plant. M. It was recommended to approve an amendment to the Development Agreement providing for the extension of contract completion dates for Eagan Hills Alliance Church Addition. N. It was recommended to approve Change Order No. 3 for Contract 07-04 (Boulder Lakes - Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. 0. It was recommended to acknowledge the completion of improvements for City Project No. 04-P (Grand Oak Five) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. P. It was recommended to award Contract 08-10 (Patrick Eagan Park - Parking Lot Improvements) to Peterson Companies, Inc., for the base bid amount of $117,985 and authorize the Mayor and City Clerk to execute all related documents. Q. It was recommended to approve the General Fund Park Department as the funding source for the Hoisington Koegler Group Inc. Meeting Facilitation Services - Carriage Hills public input. R. It was recommended to adopt a proclamation recognizing August 5, 2008 as "National Night Out" in Eagan. S. It was recommended to approve Change Orders #2 and #3 to Contract 07-05 (Re-roofing - South Water Treatment Plant), and authorize the Mayor and City Clerk to execute all related documents. APPOINTMENT TO CITY COUNCIL VACANCY Mayor Maguire discussed the appointment process for filling the vacancy on the City Council left by Peggy Carlson on June 20, 2008. He noted that ten citizens had applied for the position. City Administrator Hedges described the voting process. After one round of voting, Shawn Hunter was selected as Councilmember to serve for the next four months. Councilmember Bakken moved, Councilmember Fields seconded a motion to appoint Shawn Hunter to fill the vacancy on the City Council. Aye: 4 Nay: 0 PUBLIC HEARINGS VARIANCE - FACTORY MOTOR PARTS (1380 CORPORATE CENTER CURVE) City Administrator Hedges introduced this item regarding a request for a variance of 39 feet to the 60-foot building setback requirement from Pilot Knob at 1380 Corporate Center Curve. City Planner Ridley gave a staff report. The applicant, Jeff Soutar, answered questions of the Council. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Mayor Maguire and Councilmembers discussed the need for the Variance and other possible options. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a variance of 39 feet to the 60- foot building setback requirement from Pilot Knob for Lot 2, Block 2, Eagandale Office Park 2d Addition, 1380 Corporate Center Curve subject to the following conditions: Aye: 3 Nay: 1 Mayor Maguire opposed. 5 Eagan City Council Meeting Minutes July 15, 2008 Page 3 11 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. Final construction shall adhere to the site and elevation plans dated July 1, 2008. Landscaping, as shown on the Landscaping Plan dated July 1, 2008 shall be installed not later than November 1, 2008. VARIANCE - 4655 NICOLS ROAD (SHIMELFARB, INC.) City Administrator Hedges introduced this item regarding a request for a variance to allow a detached trash enclosure for property at 4655 Nicols Road. City Planner Ridley gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a variance to allow a detached trash enclosure for property at 4655 Nicols Road, legally described as Lot 3, Block 1, Cedarview Addition, located in the NW '/4 of Section 31 subject to the following conditions. Aye: 4 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration 2. A building permit shall be obtained prior to commencing construction. 3. The wood cedar gates should be on a galvanized steel frame to provide greater stability and durability to the gates. VARIANCES - 4651 NICOLS ROAD (SERVICEALL, INC.) City Administrator Hedges introduced this item regarding a variance to allow a detached trash enclosure, and a variance of 37' to the minimum required structure setback of 50' from a state highway, for property at 4651 Nicols Road. City Planner Ridley gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a variance to allow a detached trash enclosure, and a Variance of 37' to the minimum required structure setback of 50' from a state highway, for property at 4651 Nicols Road, legally described as Lot 2, Block 1, Cedarview Addition, located in the NW '/4 of Section 31. Aye: 4 Nay: 0 OLD BUSINESS GENERAL OBLIGATION STATE-AID ROAD BONDS City Administrator Hedges introduced this item regarding the sale of $4,165,000 General Obligation State-Aid Road Bonds, Series 2008A; and the engagement of Springsted, Inc to perform future continuing disclosure reporting and arbitrage rebate calculation requirements. Dave MacGillivray of Springsted presented the bids and recommended action. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a Resolution awarding the sale of $4,165,000 General Obligation State-Aid Road Bonds, Series 2008A. Aye: 4 Nay: 0 l0 Eagan City Council Meeting Minutes D 1 /A F 1 July 15, 2008 Page 4 COMPREHENSIVE GUIDE PLAN AMENDMENT AND PLANNED DEVELOPMENT AMENDMENT SELECT SENIOR LIVING OF EAGAN LLC City Administrator Hedges noted that a request had been made by the applicant to extend consideration of this item. Mayor Maguire shared his frustration with yet another continuance request. Councilmember Fields moved, Councilmember Bakken seconded a motion to continue consideration to the September 2, 2008 meeting of a Comprehensive Land Use Plan Amendment that would change the land use designation from SA/MD (Special Area / Medium Density), to SA/HD (Special Area / High Density), to allow for a 71 unit Assisted Living Facility legally described as Lots 1 and 2, Block 1, Terra Glenn 3`d Addition. Aye: 4 Nay: 0 DANIEL DRIVE TRAFFIC STUDY City Administrator Hedges introduced this item regarding the Daniel Drive Traffic Study. City Engineer Russ Matthys gave a staff report. Mayor Maguire opened the floor for public comment. Eight residents of the Daniel Drive area expressed their concerns regarding safety issues, the possibility of narrowing Daniel Drive, the installation of a sidewalk and the determination of which side of the street it would be located, and speed issues. Councilmembers discussed the speed issues on Daniel Drive along with the possibility of narrowing the street and the installation of a sidewalk. It was the consensus of the Council that a feasibility study be conducted for three segments of Daniel Drive to consider both narrowing the street and adding a sidewalk. Mayor Maguire moved, Councilmember Tilley seconded a motion to direct a feasibility study to be conducted for three segments of Daniel Drive considering both narrowing of the street and adding sidewalks. Aye: 4 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to receive the Daniel Drive Traffic Study. Aye: 4 Nay: 0 NEW BUSINESS PRELIMINARY SUBDIVISION (LINDSTROM ACRES 2ND ADDITION - WILLIAM REILLY) City Administrator Hedges introduced this item regarding a preliminary subdivision to relocate the lot lines upon 2950 and 2953 Skyline Drive. City Planner Ridley gave a staff report. Applicant stated that he has no immediate plans to develop the property but may at some point in the future. City Planner Ridley stated that further development of the property could be requested at any point in the future with the primary issue being public street access to any newly created parcels. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a Preliminary Subdivision to relocate the lot lines upon 2950 and 2953 Skyline Drive, legally described as part of Lot 13, Zehnder Acres and Lot 1, Block 1, Lindstrom Acres, located in the SE'/4 of Section 4, subject to the following conditions. Aye: 4 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A 1, B 1 2. The property shall be platted. COMMUNITY TELEVISION MEMORANDUM OF UNDERSTANDING WITH THE CITY OF BURNSVILLE, THOMSON REUTERS CORPORATION City Administrator Hedges introduced this item regarding a Memorandum of Understanding with the City of Burnsville regarding community television responsibilities and a Memorandum of Understanding with Thomson Eagan City Council Meeting Minutes July 15, 2008 Page 5 DRA Reuters for new studio space; authorization for a technical consultant to plan the new Eagan Television studio and master control. Michelle Engdahl with Thomson Reuters spoke briefly, noting they are looking forward to working with the City. Alan Miller commended the Council on their efforts in working with Burnsville and then with Thomson Reuters for the new studio space. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Joint Resolution and Memorandum of Understanding with the City of Burnsville regarding community television responsibilities subject to a mutually agreed upon channel lineup. Aye: 4 Nay: 0 Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a separate Memorandum of Understanding with Thomson Reuters for new studio space; and authorization for a technical consultant to plan the new Eagan Television studio and master control for a City cost not to exceed $30,000. Aye: 4 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. ADMINISTRATIVE AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve wetland delineation for the Carriage Hills property with payment from the Open Space Fund. Aye: 4 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 10:00 p.m. Administrative Secretary / Deputy City Clerk Date e MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, JULY 8, 2008 5:30 P.M. CONFERENCE ROOMS 2A & 2B City Council members present: Mayor Maguire, Councilmembers Bakken, Fields and Tilley. 1. ROLL CALL AND AGENDA ADOPTION Mayor Maguire called the meeting to order. Councilmember Tilley moved, Councilmember Bakken seconded the motion to adopt the agenda as presented. Aye: 4, Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. INTERVIEW APPLICANTS FOR CITY COUNCIL VACANCY City Administrator Hedges noted that the City received eleven applications for the Council vacancy. One of the applicants was informed that he was not eligible to serve as the minimum age to serve on a City Council per state statute is 21. One applicant did not appear for her scheduled interview. The following nine applicants interviewed with the City Council: Ted Gladhill, Kristine Thornburgh, Mark Olson, Jane Vanderpoel, Pat Geagan, Shawn Hunter, Edward Ashby, Brenda Rivera and Michael Holmdahl. IV. CONSIDER RESOLUTION ESTABLISHING PROCEDURE FOR COUNCIL APPOINTMENT City Administrator Hedges introduced the item noting that per the suggestion of the City Attorney, a resolution is being presented for the Council's consideration to establish the procedure for the Council's appointment of the vacant position at the July 15, 2008 City Council meeting. Fields moved, Tilley seconded a motion to adopt a resolution establishing procedure for Council appointment. Aye: 4, Nay: 0 9 Special City Council Minutes July 8, 2008 Page 2 V. OTHER BUSINESS Councilmember Tilley raised a concern she has received regarding the parking of semi trailers on Blackhawk Road. ADJOURNMENT Councilmember Bakken moved, Councilmember Tilley seconded a motion to adjourn the meeting at 9:15 p.m. Aye: 4, Nay: 0 /0 Agenda Information Memo August 4, 2008 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Part-time Clerical Tech IV/Police- ACTION TO BE CONSIDERED: To accept the letter of resignation from Jamie Bewley, part-time Clerical Tech IV in the Police Department. Item 2. Community Development Intern- ACTION TO BE CONSIDERED: To approve the hiring of Fran Daugherty as a Community Development Intern. Agenda Information Memo August 4, 2008 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated July 17, 2008, July 24, 2008 and July 31, 2008 as presented. ATTACHMENTS: • Check registers dated July 17, 2008, July 24, 2008 and July 31, 2008 are enclosed without page number. 12, Agenda Information Memo August 4, 2008, Eagan City Council Meeting D. APPROVE LIST OF ELECTION JUDGES FOR THE SEPTEMBER 9. 2008 PRIMARY ELECTION ACTION TO BE CONSIDERED: To approve the list of election judges for the September 9, 2008 Primary Election. ATTACHMENTS (1) • Attached on pages T" through 80 is the list of election judges for the Primary Election. 1 ?3 Council List Primary LAST NAME I FIRST IPrimar yStart TilPrimE AGRIMSON LOIS 1400 2100 AMELL LUCILLE 0600 1400 AMENT ROBERT 1400 2100 ANDERSON KAYE 0600 1400 BAHR DARLENE 1400 2100 BAKER MARION 0600 1400 BASCH CHRISTINA 0600 1400 BATTIS VIRGINIA 0600 1400 BELLILE GROVER 0600 2100 BERG DIANE 0600 2100 BERTHE BRUCE 0600 2100 BEST ELAYNE 0600 1400 BOHN FRANCIS 1400 2100 BRADLEY SUSAN 0600 1400 BRINK MURIEL 0600 1400 BROST KENT 0600 2100 BURBACH TRICIA 0600 1400 BURKARD SHIRLEY 0600 1400 CANNELLA ROBERT 0600 2100 CARLSON PAMELA 0600 2100 CARLSON RUTH 0600 1400 CHOURAVONG ANDRE 0600 2100 CIRKSEMA GEORGIA 0600 2100 COLEMAN TONY 0600 2100 COLLINS ROYCE KATHY 1400 2100 COOK GAIL 0600 2100 COOK LARRY 0600 1400 CRANE WENDY 1400 2100 CROW GI NA 0600 1400 DAHLQUIST JENNIFER 0600 2100 DANNER MARGO 1400 2100 DARE KAREN 0600 1400 DAVIS TERRY 1400 2100 DECKER JAMES 0600 2100 DEMMA JOHN 0600 2100 DeNARDO BOB 0600 1400 DIERKES JOSEPH 0600 2100 DILLY SHERRY 1400 2100 DODGE GERIANNE 0600 2100 DRIVER JUDY 0600 2100 Page 1 1 ? 7/31/2008 Council List Primary LAST NAME I FIRST jPrimar yStart TifPrim,, DVORAK MARILYN 0600 2100 DZIELSKY SHIRLEE 0600 1400 ERICKSON JESSICA 0600 2100 ESTUM JESSE 0600 2100 FAIRCHILD CARALYNE 0600 2100 FEDDE BETTY 1400 2100 FISCHER CHARLES 1400 2100 FLETT ROXANNE 1400 2100 FORSMAN SONI 1400 2100 FOSS MARY 1400 2100 FOX BARBARA 0600 2100 FREUND CAROL 0600 2100 FRIESEN MILLER 0600 1400 FRIESEN JULIE 0600 2100 GEAGAN SUE 1400 2100 GIGNAC MILLIE 0600 2100 GITTINGS ROXIE 1400 2100 GLEWWE CARL 0600 2100 GOIN LIZ 1400 2100 GOODSON KART 0600 2100 GRASS DARELL 0600 2100 HAGBERG MARY 0600 2100 HAGEN LORI 1400 2100 HAHN CHERYL 1400 2100 HANDLER LAURA 0600 1400 HANSEN GARY 0600 2100 HANSEN JUDY 0600 2100 HANSON KRISTIN 0600 2100 HANSON LAURIE 1400 2100 HARMON JEAN 1400 2100 HARTLEBEN MILDRED 0600 2100 HASH ORLANDO 0600 2100 HASH HERDIS 0600 2100 HAUSLADEN NANCY 0600 2100 HAYDEN BARB 0600 1400 HAYES DAWN 1400 2100 HEARN CHERYL 0600 2100 HEFFERNAN CAROLE 0600 1400 IHEIR DONNA 0600 1400 IHEURUNG SHIRLEY 0600 2100 Page 2 7/31/2008 Council List Primary HOLZEMER MARION 0600 1400 HUDSON BILL 0600 1400 IFFERT RICHARD 0600 2100 JABBRA VICKIE 1400 2100 JANDEWERTH HENRY 0600 2100 JOHNSON SHARON 1400 2100 JOHNSON GARY 0600 1400 JOHNSON LUCIA 0600 2100 JONES CHRISTINE 0600 1400 JONES MARGIE 0600 2100 JONES TIM 0600 1400 JORGENSON DARLETTE 0600 2100 KAEDER PATRICIA 0600 2100 KAESS MIKE 0600 2100 KAHN JAMES 1400 2100 KAMM JEFF 0600 2100 KEARNS CAROL 0600 1400 KIEMELE MELINDA 0600 2100 KIVI DEANNA 0600 2100 KOESTER BARBARA 0600 2100 KOMPELIEN DAVID 0600 1400 KOMPLIEN CAROLYN 0600 1400 KORTE JOY 1400 2100 KRISNIK YVONNE 0600 2100 KRUEGER CINDY 0600 1400 LACHMAN JEAN 1400 2100 LANE MARIE 0600 2100 LANGE SHEILA 0600 1400 LARKIN JOHN 1000 1400 LARSON RAYMOND 0600 1400 LARSON JAMIE 1400 2100 LAWRENCE ROBERT 0600 2100 LEEAN DON 0600 2100 LIBERTY DONNA 1400 2100 LINK ARTHUR 0600 1400 LOEWE CURTIS 0600 2100 LOUIS CHARLEEN 0600 2100 LUCIANO ZENAIDA 0600 1400 LYSTIG REBECCA 1400 2100 MARCH BARBARA ANN 0600 2100 Page 3 11-0 7/31/2008 Council List Primary LAST NAME I FIRST IPrimar yStart Ti,1Prim MARTIN SHANNON 0600 1400 MATHIEU MICHAEL 0600 1400 MATHIEW BARBARA 0600 1400 MAYERS AL 0600 2100 MCDONALD DENNIS 1400 2100 MCGUIRE MARY 0600 2100 MCINTIRE NANCY 1400 2100 MCKEOWN WILLIAM 0600 1400 MCKINLEY STEVEN 0600 2100 METZGER SARAH 0600 1400 MEYER GARY 0600 2100 MILLER SHARON 0600 2100 MILLER JUDY 0600 2100 MISCHNICK KATHLEEN 0600 2100 MORRISON KENNETH 0600 2100 MUILENBERG GARY 0600 2100 MUNSTERMAN MARY 0600 1400 MUTCLER JANE 0600 1400 NELSON JUDITH A 1400 2100 NELSON LORA 1400 2100 NICOLAY RICHARD 0600 2100 NIESE ANGELA 0600 1400 NORBERG JARED 0600 2100 O'BRIEN WENDE 0600 1400 O'GORMAN LYNN 0600 2100 O'GORMAN MARK 0600 2100 OHM ELDORIS 0600 2100 OLSEN SALLY 0600 1400 OLSON DOUGLAS 0600 1400 PARENT CAROL 0600 2100 PATNODE JIM 0600 1400 PATTERSON JANE 1400 2100 PEARSON DARLENE 0600 2100 PEGELOW TERESA 0600 1400 PETERSON JANE 1400 2100 PETERSON JUDY 1400 2100 PETERSON WILLIAM 0600 2100 PETTY LISA 1400 2100 PFEIFER CARLA 1400 2100 QUINN-NELSON JODIE 0600 2100 7/31/2008 Page 4 1-7 Council List Primary LAST NAME I FIRST IPrimar yStart Ti jPrirn REISDORFER KATHY 0600 2100 REISDORFER STAN 0600 2100 REISHUS FREDERICK 0600 2100 RESTAD ARLEN 0600 1400 RICHARDS DEIDRE 1400 2100 ROLLEFSON SHARON 0600 1400 ROSS BETTY 0600 2100 RUSERT JENNIFER 1400 2100 RUZICKA MARTIE 0600 1400 SAMES KAREN 1400 2100 SCHALLENBERG CATHERINE 1400 2100 SCHILLING KIM 0600 1400 SCHINDELDECKER WILLARD 0600 2100 SCHINDELDECKER MILLIE 0600 2100 SCHMITZ PAMELA 0600 2100 SCHWARTZ MELISSA 0600 2100 SEVERSON JODY 0600 2100 SEXTON MICHAEL 0600 2100 SHALLER KENNETH 0600 1400 SHEARON MARY 0600 2100 SHELDON KRISTEN 1400 2100 SHELDON ARLENE 1400 2100 ISHUMER ROB 0600 2100 ISHUMER SUSAN 0600 2100 ISIROTIAK ANDREW 0600 2100 SKLUZACEK TED 1400 2100 SMITH NANCY I 0600 1400 SMITH SUE 0600 1400 ISORENSON SEDONIA (SID) 1400 2100 ISTEVENS JANET 0600 2100 STEVENS DONALD 0600 2100 ISWEDEAN DICK 0600 2100 ITEICH JANE 1400 2100 THELEN THERESA 1500 2100 THOMPSON WARREN 0600 2100 THORSTENSON ARDIS 0600 2100 TORNBERG JULIE 0600 2100 TRAUTMAN NANCY 0600 2100 TRITABAUGH DENNIS 0600 1400 ITROJE SHARON 0600 2100 7/31/2008 , Page 5 Council List Primary LAST NAME FIRST Prima Start Ti Prima Quit Ti TURNHAM DALE 0600 1400 TWOMEY RUTH 1400 2100 TYRE ROYCE 0600 2100 UECKER MARK 0600 1400 UECKER KAREN 0600 2100 VANDYCK LOIS 0600 2100 IVARGHESE SHAJI 0600 2100 IV I ERRA BILL 0600 1400 IVIHOVDE FRED 0600 2100 IVIHOVDE CAROL 0600 2100 JVOGT DALE 0600 2100 (YOLK ARDITH 0600 2100 IWANDERSEE KAY 0600 2100 (WARD JERRY 0600 1400 (WASHINGTON MARY 1400 2100 IWATTS LINDA 1400 2100 WEINHAUS DAWN 0600 1400 WEINZETL KATHY 0600 2100 IWEISE SHARON 0600 2100 IWERNECKE KAY 1400 2100 IWILK ERICCA 1400 2100 IWILLIAMS EILEEN 0600 2100 WINSLOW JAMES 1400 2100 WINTERS MARY 1400 2100 IWISNEW FRANK 0600 1400 IWOLF MORGAN 0600 1400 (ZIMMERMAN JEFFREY 0600 1400 Page 6 7/31/2008 Primary Election - September 9, 2008 Absentee Election Judge List Beck, Sidney Hazel, Kim Pedersen, Mary Jane Perin, Ruth Tumini, Carol Agenda Information Memo August 4, 2008, Eagan City Council Meeting E. APPROVE ON-SALE 3.2 PERCENT MALT LIQUOR (BEER) LICENSE FOR DELICES DE FRANCE BAKERY. LLC, DBA PARDON MY FRENCH. LOCATED AT 1565 CLIFF ROAD. SUITE 1 ACTION TO BE CONSIDERED: To approve the on-sale 3.2 percent malt liquor (beer) license for Delices de France Bakery, LLC, dba Pardon My French. FACTS: ? The owners of Delices de France Bakery, LLC, Craig Kissock and Frederic Klein, have applied for an on-sale 3.2 percent malt liquor (beer) license with the City of Eagan. The restaurant is located at 1565 Cliff Road, Suite 1. ? The establishment is expected to open in September of 2008. A Conditional Use Permit and wine license for this establishment was approved by the City Council on June 3. In addition to wine sales, the owners have determined that they would also like to sell 3.2 malt liquor (beer). > The required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. No reason was found to deny the license. ATTACHMENTS (0): Agenda Information Memo August 4, 2008, Eagan City Council Meeting F. APPROVE OFF-SALE 3.2 PERCENT MALT LIQUOR (BEER) LICENSE FOR WAL-MART STORES. INC.. DBA WAL-MART STORE #1786. LOCATED AT 1360 TOWN CENTRE DRIVE ACTION TO BE CONSIDERED: To approve the off-sale 3.2 percent malt liquor (beer) license for Wal-Mart Stores, Inc., dba Wal-Mart Store # 1786. FACTS: ? Wal-Mart Stores, Inc., dba Wal-Mart Store #1786, has applied for an off-sale 3.2 percent malt liquor (beer) license. > The officers of the corporation are H. Lee Scott, Jr., John Suarez, Thomas Gean and Rick Brazile. ? The required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. No reason was found to deny the license. ATTACHMENTS (0): pC;,I Agenda Memo August 4, 2008 Regular City Council meeting CONSENT AGENDA: G. Tobacco License for Holiday Station Store, 2660 Eagan Woods Drive ACTION TO BE CONSIDERED: Approve a Tobacco License for Holiday Stationstores, Inc., 2660 Eagan Woods Drive FACTS: • Holiday StationStores, Inc. has applied for a license to sell tobacco products at 2660 Eagan Woods Drive. • This new store is currently under construction. The opening is scheduled for August 13 • A background investigation was conducted and the Police Department found no reason to deny the application • All requirements of the application have been met ATTACHMENTS: None. The application is available for review in the Administration Department. c3 Agenda Information Memo August 4, 2008, Eagan City Council Meeting H. APPROVE 2009 CIVIC ARENA OPERATING BUDGET, 2008-2009 RATES, AND PURCHASE OF 2009 CAPITAL OUTLAY ITEMS ACTION TO BE CONSIDERED: To approve the 2009 Civic Arena operating budget, the 2008-2009 ice rental rates, and the 2008 purchase of 2009 capital outlay items. FACTS: • At the July 22 special City Council meeting the proposed 2009 Civic Arena operating budget was reviewed and staff was directed to place it on the August 4 regular City Council meeting agenda for formal approval. • The proposed budget is based on a slight increase to the ice rental rates for the 2008-2009 skating season. • The budget is supported entirely by user fees with no tax dollars used as a revenue source. • Since the Civic Arena operates on a season that overlaps two fiscal years, it may be important to begin the 2009 capital outlay improvement in 2008 in advance of the new ice rental season. • The proposed capital outlay improvement was presented as part of the proposed 2009 Civic Arena operating budget. ATTACHMENTS: • Enclosed on page 5 is a copy of the Civic Arena 2009 revenue and expense summaries. • Enclosed on page 4 is a copy of the 2008-2009 proposed ice rental rates and a copy of the proposed 2009 capital outlay improvement. J?q Civic Arena 2009 Proposed Budget REVENUE SUMMARY Actual Actual Budget Budget Acct REVENUES 2006 2007 2008 2009 4304 OTHER REVENUE $ - $ 12,293 $ - $ - 4305 EQUIPMENT RENTAL 7,745 6,720 7,500 6,500 4310 PARK PROGRAM REVENUE 133,384 123,617 128,000 125,900 4311 PARK PROGRAM REVENUE NON-TAX 108,534 126,616 121,000 124,000 4312 CONCESSION SALES 67,619 69,653 71,000 71,000 4314 MERCHANDISE SALES 5,954 7,759 5,700 7,700 4320 MARKETING REVENUE 13,966 14,627 25,000 17,000 4322 VENDING (CITY OWNED) 5,196 4,043 6,000 5,000 4323 VENDING (VENDORS) 11,685 9,183 12,000 10,000 4324 ROOM RENTAL 19 808.00 - - 4325 ROOM RENTAL NON-TAX 40 90.00 - 15,000 4326 FACILITY/ICE RENTAL 156,142 135,293 138,100 134,000 4327 FACILITY RENTAL NON-TAX 424,970 462,750 398,000 418,400 4328 CONTRACT REVENUE - - - 500 TOTAL CIVIC ARENA REVENUES $ 935,253 $ 973,452 $ 912,300 $ 935,000 2.49% EXPENDITURE SUMMARY Expenditure Actual 2006 Actual 2007 Budget 2008 Budget 2009 Personal Services $ 389,761 $ 382,983 $ 429,000 $ 439,100 Parts and Supplies 49,541 60,222 59,800 56,600 Services and Other Charges 212,428 210,366 215,600 238,300 Capital Outlay 3,738 8,731 - - Merchandise for Resale 38,511 34,118 29,000 31,500 Debt Service 124,799 126,452 127,200 123,500 Reserve for Renewal & Replacement 36,000 - 46,000 46,000 Total $ 854,778 $ 822,872 $ 906,600 $ 935,000 Eagan H ourly Ice Rental R ates Season Approved Proposed User/Use 2007-2008 2008-2009 Eagan Association $165 $170 Eastview Association 167 170 High School 175 175 Non-Prime 112 112 Turf 75 75 Dry floor 40 40 2009 Civic Arena Capital Improvements List Arena Lights $ 10,000 are Agenda Information Memo August 4, 2008, Eagan City Council Meeting 1. APPROVE CIVIC ARENA MEZZANINE IMPROVEMENTS FUNDING SOURCE ACTION TO BE CONSIDERED: To approve the Civic Arena fund retained earnings as the funding source for the mezzanine improvements. FACTS: • At the June 3, 2008 Regular City Council Meeting the bid was awarded for build out of the Civic Arena mezzanine. The total cost is estimated to be $275,000. • At the July 22, 2008 special City Council meeting the Council considered the following funding options to pay for the improvements: o Allocation of all or part of the total cost from the Community Investment Fund with no pay back. o Allocation of all or part of the total cost from the Community Investment Fund with a defined payback o Allocation of all or part of the total cost from the Civic Arena's retained earnings. • The Council directed that the cost be paid from the Civic Arena's retained earnings and that the item be brought back to the August 4 regular meeting Consent Agenda for formal approval. ATTACHMENTS: (None) a? Consent Agenda Information Memo August 4, 2008 Eagan City Council Meeting CONSENT AGENDA: J. Grant Resolution for Dakota Traffic Safety Grant ACTION TO BE CONSIDERED: Approval of a resolution allowing the City of Eagan to continue its participation in the Dakota Traffic Safety Program through 2009. FACTS: • The grant allows up to $76,000 in reimbursed overtime for saturation patrols to detect impaired driving in Dakota County. • The grant is shared by all law enforcement agencies in Dakota County. • Throughout the year, police officers from each member agency join together to target an area in the county that has been identified as having the potential for an increased incidence of Driving Under the Influence violations. • The City of Eagan has participated in this initiative since 2005. ATTACHMENTS: Proposed Resolution on page (?l W CITY OF EAGAN RESOLUTION A RESOLUTION AUTHORIZING THE CITY OF EAGAN TO ENTER INTO A GRANT AGREEMENT WITH THE DAKOTA COUNTY TRAFFIC SAFETY GROUP (DCTSG) WHEREAS, the City of Eagan desires to participate in the Dakota County Traffic Safety Group Grant Project. WHEREAS, the State of Minnesota requires a resolution of the City Council to participate. WHEREAS, the City has entered into previous grants to provide increased traffic enforcement and educational activities. WHEREAS, the City has partnered with other Dakota County law enforcement agencies to increase traffic safety in the community. WHEREAS, the City will partner with the 11 other government entities in Dakota County to increase traffic safety. WHEREAS, the City Councilors of the City of Eagan have duly considered this matter and believe that it is in the best interests of the City to enter into a grant agreement with the Office of Traffic Safety through the DCTSG to provide enhanced traffic enforcement. NOW THEREFORE, BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. ADOPTED this 4th day of August, 2008 Mayor ATTEST: City Clerk Al Agenda Information Memo August 4, 2008 K. SAFARI & LEXINGTON/ DIFFLEY RESERVOIRS - REPAINTING CITY CONTRACT NO. 08-07 CONSTRUCTION WORKING HOURS TIME EXTENSION ACTION TO BE CONSIDERED: Approve an extension of the construction work hours for TMI Coatings, under City Contract 08-07 (Safari & Lexington/ Diffley Reservoirs - Repainting). FACTS: • The City Code allows for the operation of construction equipment between 7:00 a.m. and 7:00 p.m., Monday through Saturday, except for legal holidays, unless otherwise approved by the City Council. • The repainting of the Safari and Lexington/ Diffley water reservoirs are being completed under City Contract 08-07, awarded to TMI Coatings June 17, 2008. • In order to minimize the duration that this water tank is out of service during the peak water usage season, TMI Coatings is requesting the working hours on the Lexington/ Diffley reservoir be extended to 24 hours per day to accommodate operation of a diesel-powered generator to dehumidify the reservoir to contract specifications. TMI is also requesting that the work hours be extended to Sundays, 8:00 a.m. to 6:00 p.m., throughout the contract duration, for general work under the contract, only if necessary due to weather constraints. The generator will be muffled and placed on the opposite side of the reservoir from the nearest house (350'). ATTACHMENTS: • Letters from Contractor, pages & 2008-JUL-25 10:20AM FROM-TMI COATINGS 6514520598 T-319 P.002/003 F-335 July 25, 2008 City of Eagan, Minnesota 3419 Coachman Point Eagan, MN 55122 Phone: 651-675-5211 Fax: 651-675-5200 Re: Diesel-Powered Generator PAINTING & RESTORATION CONTRACTORS 3291 Terminal DrIve St. Paul. Minnesota 55121 P, 651 452 6100 Fi 651 452 0599 tmicoatings.com Reservoir/Tower Location: Lexington-Diffley 4.0 MG Ground Storage Tank City Contract No. 08-07 TMI Job No. 08-4769 Contact Name/Address/Phone Number: TMI Coatings, Inc. 3291 Terminal Drive Eagan, MN 55121 Phone: 651-452-6100 / Fax: 651-452-0598 Contact: Brad Smith Request; TMI requests to operate a diesel-powered generator twenty-four hours a day to maintain dehumidification equipment twenty-four hours a day. Equipment will be placed on the North/North West side of the tank. The equipment will be run throughout interior surface preparation and painting portion of the project. Work Activity; TMI Coatings will be operating the generator capable of sustaining 460 volts at 217 full load amps, which is a 150 KW diesel generator Justification: TMI Coatings' is required to maintain twenty-four hour dehumidification to be in compliance with specifications and contract documents. The electricity available at the site is not large enough to meet electricity requirements. If you have any questions or need further information, please feel free to contact me at 651-452-6100. Sincerely, TMI Coatings, Inc. 6r ad Smith Estimator/Project Manager BS:lp cc Iindadralle©cityofoagan.com wayneschwanz()cityofeagan.com Ip:\ImIJ\4700\eagan\4769-variance0l.doc 2 2008-JUL-25 10:21AM FROM-TMI COATINGS 6514520598 T-319 P.003/003 F-335 July 25, 2008 City of Eagan, Minnesota 3419 Coachman Point Eagan, MN 55122 Phone: 651-675-5211 Fax: 651-675-5200 Re: Variance for Extended Hours PAINTING & RCSTORATION CONTRACTORS 3291 Terminal Drive SI. Paul. Minnesota 55121 P: 651 462 610D Fi 651 452 D595 tmicoatings.eom Reservoir/Tower Location; Lexington-Diffley 4.0 MG Ground Storage Tank City Contract No. 08-07 TMI Job No. 08-4769 Contact Name/Address/Phone Number: TMI Coatings, Inc. 3291 Terminal Drive Eagan, MN 55121 Phone: 651-452-6100/Fax- 651-452-0598 Contact: Brad Smith Request: TMI Coatings requests an opportunity to work Sundays from approximately 8:00 a.m. - 6:00 p.m. for the duration of the project. Work Activity: TMI Coatings will be performing surface preparation and painting. Justification: TMI Coatings only anticipates working on Sundays if we have a poor work week due to weather. The normal work week will be Monday-Saturday, 7:00 a.m. - approximately 9:00 p.m. This project has a defined completion date of September 26, in which all work is weather-dependent with no work allowed during the Labor Day weekend. If you have any questions or need further information, please feel free to contact me at 651-452-6100. Sincerely, TMI Coatings, Inc. 4? Brad Ah Estimator/Project Manager BS:lp cc lindadralle cityofeaaan.com wayneschwanz -o(?cityofeagan.com I p:\tm lJ\4700\eag an\4769-vari an ceO2.doc Agenda Information Memo August 4, 2008 Eagan City Council Meeting M. CONTRACT 08-01, HOLLAND LAKE LIFT STATION UPGRADE ACTION TO BE CONSIDERED: Receive the bids for Contract 08-01 (Pond LP-51/ Holland Lake - Storm Water Lift Station Upgrade) and award the contract to Geislinger and Sons, Inc., for the Base Bid (including Fairbanks Morse pumps) in the amount of $675,510.00, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 08-01 includes the replacement and upgrade of the existing storm water pumping station located on the north side of Cliff Road near Holland Lake. • The lift station upgrade was included as part of Project 905R, Lebanon Hills Regional Park/Long Acres - Storm Sewer Improvements approved by Council action on May 1, 2007, and will complete the storm drainage improvements constructed for the conveyance of storm water flows from southeast Eagan into and through, as well as for, Dakota County's Lebanon Hills Regional Park (LHRP) as part of Contract 07-06. • These improvements are in accordance with the revised Joint Powers Agreement between the City of Eagan and Dakota County approved by the City Council for Lebanon Hills Regional Park Storm Water Management and Project 905R on October 2, 2007. • On July 1, 2008, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 08-01. An adjacent property owner expressed concerns about the impact of this improvement to his private driveway at that meeting. The construction plans were subsequently revised for bidding purposes to address those concerns to his satisfaction. • At 10:30 a.m. on July 22, formal bids were received for this project. A copy of the bid summary is enclosed. The low bid was 15% below the Engineer's estimate. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid from Geislinger and Sons has been reviewed by the Engineering and Utility Divisions and found to be in order for favorable Council action. ATTACHMENT- • Bid Summary, page.- • Correspondence from Adjacent Property Owners, pages through3 __q • Revised Plan Sheet, page. 33 BID SUMMARY CITY CONTRACT 08-01 POND LP-51/HOLLAND LAKE STORMWATER LIFT STATION UPGRADE Bid Date: Tuesday, July 22, 2008 Bid Time: 10:30 a.m. Contractors 1. Geislinger & Sons, Inc. 2. Park Construction Company 3. Gridor Construction, Inc. 4. Minger Construction, Inc. 5. Lametti & Sons, Inc. 6, Engineering & Construction Innov., Inc. Total Base Bid $675,510.00 $724,442.70 $789.131.02 $825,794.15 $833,970.00 $914,562.00 $675,510 $890,430 -24% $791,785 -14.7% G:Proj ects.&Contracts/08-01 /Bids&Spec/BidSummaryTable Y From: Chappuis, Mike [mailto:mike.chappuis@americantelecare.com] Sent: Monday, July 14, 2008 7:24 AM To: Chappuis, Mike; Russ Matthys; Mark Peterson Cc: Davison, Chad Subject: RE: Project 905 Russ and Chad, I see that I forgot to provide my final comments to the plan. Thank you for listening to my concerns on the project and incorporating the changes I had requested. I can not speak for Mark, but I am pleased with the revised plan. Best regards, Mike From: Russ Matthys Sent: Tuesday, July 08, 2008 11:49 AM To: 'Chappuis, Mike'; Mark Peterson Cc: Davison, Chad Subject: RE: Project 905 Mike & Mark, Yes, the access to the lift station would not connect to the driveway and trees could be planted along the driveway, except where temporary (sod over 4" topsoil and 12" gravel) access would be needed to the control panel. buss From: Mark Peterson [maiIto: mpeterson@genoahealthcare.com] Sent: Tuesday, July 08, 2008 10:20 AM To: Russ Matthys; mike.chappuis@americantelecare.com Cc: Davison, Chad Subject: RE: Project 905 Russ, I think this looks good. Looks like the Utility Superintendent wouldn't go for reducing the blacktop in front of the valve vault. Is the space between the tar and the driveway going to be plantable or did you build in the sub-grade gravel? Thanks! Mark From: Chappuis, Mike [mailto:mike.chappuis@americantelecare.com] Sent: Tuesday, July 08, 2008 8:56 AM To: Russ Matthys; Mark Peterson Cc: Davison, Chad Subject: RE: Project 905 Thanks for the information. Are we interpreting the drawing correctly in that the turn around area in the pumping station has been modified as indicated with the solid line under the "pavement removal cross 3S hatch"? Meaning it no longer connects with our driveway and we will be able to come back with trees and plant them along our driveway? I appreciate your revisions to the plan. Thanks, Mike From: Russ Matthys [ma i Ito: RMatthys@cityofeaga n.com] Sent: Monday, July 07, 2008 10:24 PM To: Mark Peterson; Chappuis, Mike Cc: Davison, Chad Subject: RE: Project 905 Mark & Mike, I got this late Thursday and was out of the office today (Monday). I met with the Utility Superintendent Thursday morning and his response to our meeting discussion was incorporated into the attached drawings. The plans should address your concerns. The driveway would remain in its current location and at its current elevations in its entirety with the attached plan sheets. Contact me with questions. My meeting with the contractors bidding the project is one week from Tuesday Russ From., Russ Matthys [mai Ito: RMatthys@cityofeaga n.com] Sent: Tuesday, July 01, 2008 1:26 PM To: Chappuis, Mike; Mark Peterson Cc: Davison, Chad; John Gorder; Judy Jenkins; Wayne Schwanz; Tom Colbert Subject: RE: Project 905 Mike & Mark, You are not stuck with the plans as drawn. I anticipate one of two outcomes after our meeting tomorrow; the plans may either be revised slightly to address your concerns or you may recognize the benefits of the plan and consent to the proposed improvements. Any plan revisions can be addressed by an addendum that is sent out to all of the contractors bidding on the project so that they can adjust their bid prices accordingly. We would also discuss the plan revisions with all of the potential bidders at a mandatory pre-bid meeting on July 15. Regardless of the meeting tomorrow, you are welcome to attend the Council meeting this evening. The Council could choose to approve the plans and specifications and direct staff to revise them according to the results of our meeting tomorrow. Delaying the plan approval could delay the construction work 2-4 weeks, which could impact completing the lift station improvements (with an early winter) until next spring, after they are most likely needed. It is the spring thaw and associated flooding that will best be addressed by this improvement. I'll see you tomorrow. Fuss 3(p From: Chappuis, Mike [mailto:mike.chappuis@americantelecare.com] Sent: Tuesday, July 01, 2008 11:42 AM To: Russ Matthys; Mark Peterson Cc: Davison, Chad; John Gorder; Judy Jenkins; Wayne Schwanz Subject: RE: Project 905 Russ, Thank you for the information and we will look forward to talking tomorrow. Given that this is an agenda item this evening, do we need to be present to voice our concern prior to approval in order to alleviate our concerns? E.g. once it is approved is there a way to make substantial changes or are we stuck with the plans as drawn? If necessary, I can and am willing to be present at the meeting. Best regards, Mike Mike Chappuis President and COO American TeleCare, Inc. (952) 903-9120 (612) 201-8462 - Cell mike.chappuis(p)-americantelecare.com From: Russ Matthys [mailto:RMatthys@cityofeagan.com] Sent: Tuesday, July 01, 2008 11:31 AM To: Mark Peterson; Chappuis, Mike Cc: Davison, Chad; John Gorder; Judy Jenkins; Wayne Schwanz Subject: RE: Project 905 Mike, Diane and Mark, I just met with the engineer who designed the lift station improvements I e-mailed today. He informed me that you were not made aware of the proposed improvements that were indicated in the plans. I apologize for the lack of communication. Mike and I have set a meeting to discuss the project at 1:00 pm tomorrow, July 2, at the Chappuis home, 1035 Cliff Road. The plans can be altered to some degree to attempt to address your concerns. We will discuss the pros and cons to the points you have presented in the e-mails to help you make an educated decision about the driveway raising. We will discuss the need for the lift station upgrade and we will also identify the easements and discuss their obligations. I will plan to issue an addendum, or revision, to the plans and specifications based upon the result of our meeting. Chad Davison from the engineering firm of Bonestroo will join us at our meeting. I look forward to our discussion tomorrow. Fuss 37 From: Mark Peterson [mailto:mpeterson@genoahealthcare.com] Sent: Tuesday, July 01, 2008 10:51 AM To: Chappuis, Mike; Russ Matthys Cc: Davison, Chad; John Gorder; Judy Jenkins Subject: RE: Project 905 Russ, I'd have to agree with Mike. Also, from the looks of the diagrams, it looks like the paved area and pumping units will be taking up quite a bit more space and if I am reading it correctly, it looks like the paved drive would attach to our drive. Is that accurate? I hope not. Our driveway is a shared space that we maintain and any connection to the paved area would invite city workers and folks fishing across the street to further utilize that area. If I remember correctly, we were informed that we'd have minimal impact on trees, vegetation and merely an elevated driveway. If the structures and paved areas are to be larger, what plans are there to landscape that area with vegetation to maintain the green space? We have a turn around area off our drive to the east just north of the road, I don't see that in the drawing of the driveway. I can't be at the council meeting but I'm sure you'll consider our interests. Thanks Mark From: Chappuis, Mike [ma i Ito: mike. cha pp u is@america nteleca re.com] Sent: Tuesday, July 01, 2008 9:50 AM To: Russ Matthys Cc: Davison, Chad; John Gorder; Judy Jenkins; Mark Peterson Subject: RE: Project 905 Russ, Wait, are you telling me that they are going to clear cut our land in the shaded areas? Why? I have no problem with granting access around the construction area, but clearing this all out will expose our otherwise hidden views of Cliff. I would like to have this clarified as I am not in favor of granting this amount of foliage removal including trees (I am sure Peterson's and Noreen's would support our view). Thanks, Mike and Diane Chappuis 1035 Cliff Road Eagan, MN 55123 612-201-8462 - Cellular 651-681-1457 - Home From: Russ Matthys [mailto:RMatthys@cityofeagan.com] Sent: Tuesday, July 01, 2008 9:37 AM To: Chappuis, Mike 3e Cc: Davison, Chad; John Gorder; Judy Jenkins Subject: RE: Project 905 Mike and Diane, I anticipate the City Council will approve the plans and specifications for the construction work at tonight's Council meeting. With that approval, the schedule for a contract award would put us at August 5, 2008. Typically, there is about two to three weeks between the contract award and the start of construction, so August 25, 2008, should be a pretty good start date to plan on. We'll be in contact prior to this start date. I've also attached some updated plan sheets. The first one shows the tree removal and area of clearing. The second sheet shows the area of new pavement, the lift station structure and the grading, or raising, of your driveway. Please continue to contact me with questions. Russ Russ Matthys, P.E. I City Engineer I City of Eagan City of Eagan 13830 Pilot Knob Road I Eagan, MN 55122 1651-675-5646 1651-675-5694 (Fax) I rmatthys(aacitvofeauan.com THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND/OR OTHERWISE PROPRIETARY MATERIAL and is thus for use only by the intended recipient. If you received this in error, please contact the sender and delete the e-mail and its attachments from all computers. From: Chappuis, Mike [mailto:mike.chappuis@americantelecare.com] Sent: Tuesday, July 01, 2008 9:21 AM To: Russ Matthys Cc: Judy Jenkins Subject: RE: Project 905 Russ, Is there a revised schedule to when they are going to start construction on the pumping station at the end of our driveway? Thanks, Mike and Diane Chappuis 1035 Cliff Road Eagan, MN 55123 612-201-8462 - Cellular 651-681-1457 - Home 3? 0® xRi, m rear THE SUBAIRFADE UOLITY IIWORMATION ON THIS PLAN IS SHOWN TO UTILITY QUALITY LEVEL IN ACCORDANCE WITH THE LEGEND PROVIDED BELOW. THIS QUALITY LEVEL WAS DETERMINED ACCORDING TO THE UJIDI.IH6 OF LT/ASCE 3802° ENTITLED STANDARD GLODLINES FOR THE COLLECTION AND DEPICTION OF E%ISONG SUB91RFH E UTILITY DATA. UTILITY DESIGNATIONS TO BE AS FOLLOWS: GNNATUPAL CAS &ELECTRIC T-THIPHONE CTY-CABLETV FD-FIBER OPTIC OHP-OVERHEAD POWER UTILITY QUALITY LEVELS: QUALITY LEVEL A QUALITY LEVEL 8 QUALITY LEVEL C - - QUALITY LEVELD - - PRIVATE UTILITIES ARE SHOWN IN THE LOCATIONS PROVIDED BY THE OWNER PRIOR TO CORNSTRUCTION OF THIS PLAN. \ \ \ \ \\\\ o FASTING PERMANENT DRAINAGE AND UTILITY EASEMENT \\ \? \\ \ ELEC LEGEND CLEAR & GRUB TREE LLY REMOVE EXISTING BITUMINOUS DRIVEWAY ---,i CLEAR AND GRUB AREA I I REMOVE DEAD FALL AND DEBRIS E$STIIG PERMANENT DPAI AM - _ ? AND UTILITY EASEMENT REMOVE ALL DEAD FALL AND DEBRIS WTTHIN 50' OF POND LP-51 NORMAL WATER UNE. DFTIOUDA E unKWET WELL t 1 SEE SHEET P3.02 FOR DETAILS REMOVE EXISTING 1 I 1 18 .90 BEND AND THRUST BLOCKS DEMOLISH EXISTING LIFT STATION SEE SHEET P3.02 MR DETAILS REMOVE ELERN NT R RO,OPANEL -- ANDAIRCONDONE0. •CLVT '? SAVE & PROTECT TREE n P Up -- 13 ?J P--?FM? SNP F M _ FMS ??- REMOVE A5 LF OF II' DIP REMOVE PIPE, VALVE, AND THURST BLWIS SALVAGE EXISTING VALVES AND DEINER TO THE OWNER BACK TO WETWELL EXISTING CONCRETE Z SKIMMER TO REMAIN SEE SLEET 53.02 AND 55.02 FOR MODIFICATIONS II Ai \ POND IF-5l NWL=86],0 HWL.8823 PQ 1 PC I lr I ? I v r Li _1 Q-1 ptE MAIN OHP Cliff Road (Co. d. 32 / q 1-CUT 20 IS DF BITUMINOUS ----"?- /? V MAIL REMOVE A" THIIX BRUMW OUS -- Q - DRIVEWAY PAVEMENT --- __ _/ Agenda Information Memo August 4, 2008 Eagan City Council Meeting N. CONTRACT 08-11, CITYWIDE SEALCOAT ACTION TO BE CONSIDERED: Approve Final Payment for Contract 08-11, Citywide Sealcoat, in the amount of $14,845.20 to Pearson Brothers, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 08-11 provided for the sealcoating of 417,000 square yards of street surface throughout the City as part of this annual street maintenance effort. In accordance with City Council concurrence in response to past residents' concerns, no cul-de-sac bulbs were sealcoated. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. 4/ Agenda Information Memo August 4, 2008, Eagan City Council Meeting 0. EXTENSION FOR RECORDING FINAL PLAT - (CCBC ADDITION) ACTION TO BE CONSIDERED: To approve a 60-day extension of time to record the final plat for CCBC Addition, located in the NE 1/4 of Section 03. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ? The City Council approved the final plat on March 3, 2008. ? The applicant, Coca-Cola Enterprises Inc. is requesting a 60 day extension which will give them enough time to get the requested information to the Dakota County Surveyor's office for the County's review. ? The applicant, Coca-Cola Enterprises Inc. is requesting an additional 60 day extension to continue working with the Dakota County Surveyor's office. ? The requested 60-day extension would allow until October 6, 2008, for the plat to be recorded. ATTACHMENTS: (2) Location map on page ?- Letter from applican t/ . Location Map Eagan Boundary Right-of-way Area k A P ar rea Building Footprint I I I I I I I I I I I < ooo? Subject Site e-eons a.o. IL .vw.x Q off. ® p ? a :eY $ [ice oO4- 00 ooa ../ D ® ? ? Q ? ., D z p .• ;, w,oe..+ Z 13 si 4V ? ? a , ? D 3? sam.r ? 1 cha N- -7 - y ? Q E4 °? fry b • ?r [ .. (n C.SAN. NO.ZS (LONE OAK ROAD) C.SAN. NODS (LONE OAK RD.) ? o ao 0 o• v? ? o? . : CWNNn.. ? ?g sw`P?J ? L? -z da.0 1000 0 1000 2000 Feet Development/Developer.. CCBC Addition Application: Extension for Recording Case No.: 03-FP-07-12-07 f E Cit L w E y o at THIS MAP FOR REFERENCE USE ONLY ITENDED The City of Eagan and Dakota County do not guarantee the accuracy of this information and are Community D•v.Iopmont Dop.rtmont not responsible for errors or omissions. C", r "-&e P &a e 4, C /4 V/ W-' 14185 Dallas Parkway, Ste. 1400 Dallas, Texas 75254 Facilities Operations July 18, 2008 Ms. Julie Strip City of Eagan Community Development and Planning 3830 Pilot Knob Road Eagan, MN 55122 RE: Coca-Cola - 2750 Eagandale Blvd. Dear Ms. Strip: Coca-Cola Enterprises Inc. (CCE) previously submitted a letter to your attention on May 12, 2008 requesting a time extension of the re-platting review process. It is our understanding that the requested extension extends to July 31, 2008. CCE was recently informed that the County Surveyor has requested some additional changes be made to the submitted drawings. CCE does not believe sufficient time exist for the drawing modifications to be made and for the both County Surveyor and City to complete their reviews within the allotted remaining time. CCE is therefore requesting an additional 60 day extension beyond July 31, 2008. CCE has been in contact with the Dakota County Surveyor and is in the process of providing the requested information. Please contact me at 214/902-2818 if the City of Eagan is not able to assist us with the requested extension. CCE appreciates your assistance and consideration on this project. Since ly, David artine BU Facility Manager CC: Nancy Kallaus - CCE/Atlanta, GA 1M Q9 M on? JUL 2 4 2008 /? I Printed on Recycled Papa, A Coca-Cola Enterprises Inc. is cornmined `? to using,acycLab. resources. Agenda Information Memo August 4, 2008, Eagan City Council Meeting P. EXTENSION FOR RECORDING FINAL SUBDISION - (CLEARVIEW 4TH ADDITION) ACTION TO BE CONSIDERED: To approve a 120 day extension of time to record the final subdivsion for Clearview 4th Addition, located in the NE '/a of Section 03. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ? The City Council approved the final plat on June 3, 2008. ? The applicant, Richard Dewitt is requesting a 120 day extension. ? The requested 120 day extension would allow until December 5, 2008, for the plat to be recorded. ATTACHMENTS: (2) Location map on page Letter from applicant 4-7 0 L I 111 U a EEEb TY STAB AID HIGHWAY iite \/ o Eagan Boundary Right-of-way O Parcel Area Park Area Building Footprint L r y D EDE ULLICID L-Ij 1j OD 1000 0 1000 2000 Feet Development/Developer. Clearview 4th Addition N THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of Ea 811 W i The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. Location Map July 15, 2008 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1810 ATTN: Julie Strid Planning Aide RE: Final Subdivision - Clearview 4th Addition This is our request for a 120 day extension of plat approval for the above referenced subdivision. Enclosed is the $75 fee for the extension fee. Sincerely, "Uwjev Martin De Witt 2115 Cliff Road Eagan, MN 55122 47 HUTT JUL 16 2008 I U Agenda Information Memo August 4, 2008 Eagan City Council Q. FINAL SUBDIVISION (LUNDBERG ADDITION) ACTION TO BE CONSIDERED: To approve a Final Subdivision (Lundberg Addition) to create two industrial lots upon 3.3 acres located at 3195 Terminal Drive in the NE 1/4 of Section 8. REQUIRED VOTE FOR APPROVAL: Majority of Council members present. FACTS: ? The Preliminary Subdivision was approved May 20, 2008. ? All documents and Agreements for the Final Subdivision are anticipated to be received and in order for execution at the regular meeting of the City Council. 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'000 .00.01 01wrvu99 10 ?? 000000 puo 1., 100.0004000 W •.10000 0 ? :? 00,00^ 04000, 14.u•nuela S 'My0.9G91N 10 000010 • / N • • • • •' -•- q 6914 000100000 1lrvilwa3i Mars •1 yae10 •i 001 ro «M 0043 w a, d / I,.d 04035 , y?? •?b'a.,st C?:jjimp 0«'1.100-w 0., 0000,'-,! / .4000 a! w w t1 3 dow ,giul 6400•.03 u4. •9 'sun. 40600. 000 1000 004 09 <109pM1 0,Y / '0 401005 I - /r ? b 1119,[ ...rv Si ¦ , ., 14..00 11643 I \ yr ? / I \ Vi / / 5 1. `l / dr p / 1 L ,. 4 \ 1 / / \ / / 1 ? / \ )10018 / 101 94' 1 \ / I \ / I \ / I \ t4.' ` a' ?/ _ p` \ \\ 0. . M ,0,l p0, .0, 6."1" p0, .Ll 0• /? , ]ll 0,q 40400'01 VIP.• 1.0l 01 p4o .r0, 100 !0 ;VOX OWUiWw p0, 00 4001 l . 0 , \ 9 00 X W e 6 '-• ` •. •49090 100003 sll 10 0043!, p oI ,1000003 wrvl 000000 s0, '030040000 11!14000 O.Iw,9 040.0000000 o 40 Ap-ml ° ° 0?' ice' 409!00491 000 Iwlw. 0100100 N 1 ------ •^104 - ____ ?/ f •sfig `\ \ / / , °j p d -?? °o llf \er ` ? \ ml w 00.000 w l- wt-d A y!M 003 000000000 w! I4qe1d • I w 0,w w 0100000000 0,l , v1 00 4 - ` / .,I ,f : ?•..p ?? \ \ , . 1.0.001 .w 4!,043 0,l , d 0,l el 00049.9 ..1w w a0, 6016100 99]900041 se 04100 p0, 0.1.000 p 04 rv1 0.0000 4000 I I '' \,? ? ? / Ij q " ?? 6 0000 y.0,. •10,00019 0 0009' 7004091 0000 .49 .lu 0,.w] 11161 p0, .0000000 ' s fpys, 33 000400.1 .y4' e4' 6.040000 1691001 StllapUY1S 631991 00 0011014 0°11404 ley! 00004.4091 0014.000 43004 TY1tl15000 1YM9tl]1 13186 '1 P0q 'i lel '000400 ,e Aune] 0041 W 0010001!0 100.4004 p w Ov,.ellel .yl I 0.00010000 ', slew 01°0'4000 °1100 pubw4vl 9 _ 1 X000400000 11!14001 • 0119] Oue 1.400 0.1000 Blew ,ry o •]ll 00.10 ?° 1 1 yl :4010035394 353001 .0B 4000059]4 llY MON. ?" ' NOIL IOOd ON 90ONni ' - Agenda Information Memo August 4, 2008 Eagan City Council Meeting R. ORDINANCE AMENDMENT - CITY OF EAGAN ACTION TO BE CONSIDERED: To direct the City Attorney to prepare an amendment to Chapter 10, Section 10.51, relative to the City's ability to remove refuse and trash from private property and assess cost of same. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ? The issue of refuse and trash removal has become more frequent. The City Code does not authorize the City to remove trash/refuse and assess those costs to the property. ? Expenses incurred by the City to have long grass mowed and household furnishings removed from private property can be assessed if the property owner fails to address the situation. ? As an amendment to Chapter 10, this amendment will come directly back to the City Council for the Public Hearing and action. ATTACHMENTS: None -?51 Agenda Memo August 4, 2008 Regular City Council meeting CONSENT AGENDA: S. Resolution approving a Premise Permit for the Metro Baseball League ACTION TO BE CONSIDERED: Adopt a Resolution approving a Premise Permit for the Metro Baseball League to operate a pull-tab operation at Joe Senser's Grill and Bar, 3010 Eagandale Place. FACTS: • The Metro Baseball League has applied for the renewal of their Premise Permit at Joe Senser's Grill and Bar • They have held a premise permit at this location since 2002 • The Police Department has reviewed the application and sees no reason to deny ATTACHMENTS: • The proposed resolution is attached as page . • The application is available for review in the Administration Department. Sa RESOLUTION CITY OF EAGAN PREMISE PERMIT FOR METRO BASEBALL LEAGUE ON JOE SENSER'S SPORT GRILL AND BAR PREMISES WHEREAS, the Metro Baseball League has applied for a premise permit for a pull tab operation at Joe Senser's Grill and Bar, 3010 Eagandale Place; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Metro Baseball League application for a premise permit at Joe Senser's Grill and Bar, 3010 Eagandale Place. Dated: August 4, 2008 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk I, Maria Petersen, 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 4th day of August 2008. Maria Petersen, City Clerk J3 Agenda Information Memo August 4, 2008, Eagan City Council Meeting NEW BUSINESS A. PLANNED DEVELOPMENT AMENDMENT - VALVOLINE ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Planned Development Amendment to allow the addition of a reader board to an existing pylon sign for the Valvoline Instant Oil Change at 1180 Yankee Doodle Road, legally described as Lot 1, Block 1, Town Centre 100 11th Addition, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes. FACTS: ? Valvoline Instant Oil Change is requesting approval of a Planned Development Amendment to allow the addition of a manual-change reader board to an existing pylon sign at 1180 Yankee Doodle Road. ? The pylon will also incorporate a smaller face design integrating an updated Valvoline name and logo. The new, smaller face design, along with the proposed reader board, will decrease the overall size of the pylon face from 96 to 74 s.f., a reduction of 22 s.f. in area. ? The reader board will contain four lines of text using 6" characters. In comparison, the dynamic sign code would require a minimum of 12" characters on a dynamic reader board placed on Yankee Doodle Road, which has a speed limit of 45 m.p.h. ? The APC held a public hearing on July 22, 2008 and recommended approval subject to the conditions in the staff report. ISSUES: ? The Advisory Planning Commission recommended approval of an electronic message board having characters no less than twelve (12) inches in height, per City Code, instead of a manual-change reader board as requested by the applicant. 60-DAY AGENCY ACTION DEADLINE: August 22, 2008 ATTACHMENTS (3): Location Map, page Jc 57 July 22, 2008 APC minutes, pages through Planning Report, pages t= through 0? Sub'ect Site / II iJ Bfl. 0 I *MNftn lumm fl? ? d 0 _ ? - ? rra, I C 1000 0 1000 2000 Feet Development/Developer.. Valvoline Instant Oil Change Application: PD Amendment Case No.: 15-PA-12-06-08 ?p? 16? N City of } all THIS MAP IS INTENDED FOR REFERENCE USE ONLY W+E G The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. Eagan Boundary Right-of-way Location Map Parcel Area Park Area Building Footprint Advisory Planning Commission July 22, 2008 Page 1 of 5 MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA July 22, 2008 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, July 22, 2008, at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Hansen, Vice Chair Chavez and Members Jensen, Filipi, Heaney, and Dugan. Also present were, City Planner Mike Ridley, Planner Pam Dudziak, City Attorney Gary Huusko, and Recording Secretary Camille Worley. AGENDA Member Chavez moved, Member Dugan seconded a motion to adopt the Agenda. A vote was taken. All voted in favor. Motion carried 6-0. June 24, 2008, ADVISORY PLANNING COMMISSION MEETING MINUTES Member Chavez moved, Member Filipi seconded a motion to approve the June 24, 2008, Advisory Planning Commission Meeting minutes. All voted in favor. Motion carried 6-0. III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) There were no visitors who wished to be heard. IV. PUBLIC HEARINGS A. Valvoline Instant Oil Change Applicant Name: Crosstown Signs Location: 1180 Yankee Doodle Road; Lot 1, Block 1, Town Centre 100 11th Addition Application: Planned Development Amendment A Planned Development Amendment to allow a reader board on existing pylon sign. File Number: 15-PA-12-06-08 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated July 7, 2008. He noted the background and history. Chair Hansen opened the public hearing. Mark Gilbertson, Valvoline, discussed the size of the proposed lettering and explained that six inch lettering would be adequate; however the plan could be amended if eight inch text is the desire of the City. He explained that the size of the sign would not accommodate twelve inch lettering unless it was changed to an electronic reader sign. He discussed the goal of Valvoline to upgrade the company image throughout the country. Chair Hansen stated the signage and size of lettering should be consistent with the ordinance and stated a preference that twelve inch lettering be used. Advisory Planning Commission July 22, 2008 Page 2 of 5 Member Jensen stated concern with the legibility of the six inch text and the safety of motorists trying to read the small text. Mr. Gilbertson asked if a modification to allow an electronic reader sign would be appropriate. City Planner Ridley responded that the request could be modified to an electronic reader board and the same conditions of approval would still apply. There being no further public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Member Heaney moved, Member Jensen seconded a motion to recommend approval of a Planned Development Amendment to allow a 23 s.f. electronic reader board to be added to an existing pylon sign on property located at 1180 Yankee Doodle Road, legally described as Lot 1, Block 1, Town Centre 100 11th Addition, in the NE 1/4 of Section 15 subject to the following conditions as amended: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. Recording of the Agreement must be completed prior to issuance of any sign permits. 2. Sign permits must be obtained prior to replacing the existing signage or adding a reader board to the pylon sign. All other required permits will be applied for. 3. The pylon sign is limited to 74 s.f. in area and shall not be moved from its current location. The electronic message board shall have characters no less than twelve (12) inches in height, per City code. All other City Code requirements shall be met. Member Dugan stated support for the application and stated both safety concerns and legibility of the six inch lettering and his belief that an electronic message board would be beneficial to both the traveling public and Valvoline. A vote was taken. All voted in favor. Motion carried: 6-0. 57 PLANNING REPORT CITY OF EAGAN REPORT DATE: July 7, 2008 APPLICANT: Crosstown Sign PROPERTY OWNER: Valvoline Instant Oil REQUEST: Planned Development Amendment LOCATION: 1180 Yankee Doodle Road COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMMARY OF REQUEST CASE: 15-PA-12-06-08 HEARING DATE: July 22, 2008 APPLICATION DATE: June 18, 2008 PREPARED BY: Mary Granley Crosstown Sign is requesting approval of a Planned Development Amendment to add a manual-change reader board to an existing pylon sign for the Valvoline Instant Oil Change property located at 1180 Yankee Doodle Road, legally described as Lot 1, Block 1, Town Centre 100 11th Addition, in the NE 1/4 of Section 15. AUTHORITY FOR REVIEW Chapter 11.50, Subd. 5 states, in part, The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. Chapter 11.70, Subd. 28. states in part that applications for approval of permits for pylon signs shall be submitted to the City Council for final approval. BACKGROUND/HISTORY A Conditional Use Permit was approved for this site in November 1992 allowing for a two-service bay, Valvoline Instant Oil Change facility within a PD-CSC zoning district. CUP approval allowed Planning Report - Valvoline July 22, 2008 Page 2 for signage to meet City Code requirements. The pylon sign at this location is part of the Town Centre Pylon Sign Agreement, an overall plan indicating the location of all pylon signs within the Town Centre area. EXISTING CONDITIONS The site is on the southwest corner of Yankee Doodle Road and O'Leary Lane. The existing pylon sign is located between landscape bushes at the northeast corner of the site. The pylon is 27' in height with a 96 s.f face area measuring 8' x 12'. The face is installed on an 8-10" pipe painted red. Other signage on the site includes a 34 s.f. building sign at the front facing Yankee Doodle Road. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Promenade Oaks Apartments PD-Planned Development SA-Special Area South Culver's Restaurant PD-Planned Development SA-Special Area East Minnwest Bank LB-Limited Business SA-Special Area West Checker Auto Parts PD-Planned Development SA-Special Area EVALUATION OF REQUEST Crosstown Sign, representing the owner, is requesting approval to modify the existing pylon sign design by adding a two-sided, 23 square foot per side, manual reader board sign. The reader board will contain space for four lines of text using 6" characters. In comparison, the dynamic sign code would require a minimum of 12" characters on a dynamic reader board placed on Yankee Doodle Road, which has a speed limit of 45 m.p.h. `?1 Planning Report - Valvoline July 22, 2008 Page 3 The pylon will also incorporate a smaller face design measuring 51 s.f in area (96 s.f. exists today). The smaller design integrates an updated Valvoline name and logo. A shroud of aluminum painted silver will be added to cover the 8-10" diameter pipe. Proposed changes to the pylon will match planned changes to the building facade, adding color trim, cornices, and building signage in silver, red, and blue. The addition of a reader board and redesign of the pylon face will not require the pylon be moved from its current location. The sign meets the required 10' minimum setback for a pylon. The new, smaller face design, along with the proposed reader board, will decrease the overall size of the pylon face from 96 s.f. to 74 s.f, a reduction of 22 s.f in area. The shroud will add dimension to the 8-10" diameter pole, increasing its front width from 8-10" to 2'-4 %2". City Code states that pylon signs shall not project more than 27 feet above the lot level and shall not exceed 125 square feet in area per side. SUMMARY/CONCLUSION Crosstown Sign is requesting approval of a Planned Development Amendment to allow a manual reader board to be added to an existing pylon sign for the Valvoline Instant Oil Change property located at 1180 Yankee Doodle Road. The proposed signage changes result in a decrease in square footage from the current sign. The 6" character height is less than the minimum 12" character height requirement for dynamic reader boards placed on Yankee Doodle Road. City policy makers should determine the suitability of 6" characters. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow a 23 s.f. reader board to be added to an existing pylon sign on property located at 1180 Yankee Doodle Road, legally described as Lot 1, Block 1, Town Centre 100 11th Addition, in the NE 1/4 of Section 15. If approved, the following conditions should apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. Recording of the Agreement must be completed prior to issuance of any sign permits. 2. Sign permits must be obtained prior to replacing the existing signage or adding a reader board to the pylon sign. All other required permits will be applied for. 3. The pylon sign is limited to 74 s.f. in area and shall not be moved from its current location. All other City Code requirements shall be met. 61) J dy ?° ? " Site wa Dome owe DO A®? pB Ht3'BO? BD® oMimi? eU?aMO,a T,/T" ® 6 5} _ e,Kae,eeea?e i 44 -- 10 q YFC 0 C 1000 0 1000 2000 Feet Development/Developer. Valvoline Instant Oil Change Application: PD Amendment Case No.: 15-PA-12-06-08 N 11 THIS MAP IS INTENDED FOR REFERENCE USE ONLY t of n Lanall W E GGG The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. 7OT4 Eagan Boundary Right-of-way Location Map Parcel Area Park Area Building Footprint Current Zoning and Comprehensive Guide Plan Land Use Map Zoning Map Current Zoning: PD Planned Development 600 0 600 1200 Feet Valvoline Instant Oil PD Amendment 9 5-PA_I 2_nR.nR Comprehensive Guide Plan Land Use Map r? sA Current Land Use Designation: SA Special Area SA7600 0 600 1200 Feet ® 1 1S1 ISG l11..?/11?® D dL 6ilbp. ND d r_• ¢?i s? p 1 P :U RM. 1 :? . Parcel base information provided by Dakota County Land Survey Department Decmber 2005. N Zoning information maintained by City Staff. 41 'IC3 City of Eap WE THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. S a t r 1 c cr t' 1 E ? - 1. - - - - u 2 4 - - A - + X 3 - •.,; 3 1 `v Y ' t v 1 76 SQ. FT. D/F ILLUMINATED PYLON - QTY:(1) 200 Piece Changable Copy Kit & Changing Arm Included 0 Red Paint: Akzo Nobel 337 Red Transluscent Vinyl: 3M 3630-33 Rd QR,que Vinyl: 3M 3650-13 Tomato Red IN Light Blue Paint: N/A Transluscent Vinyl: 3M 3630-337 Process Blue Opaque Vinyl: 3M 3650-57 Olympic Blue E Blue Paint: N/A Transluscent Vinyl: 3M PMS 280 Opaque Vinyl: 3M Saffire Blue 11 Silver Paint: Matthews Brushed Aluminum Transluscent Vinyl: 3M 3630-121 Silver Opaque Vinyl: N/A Thir itmon9an4unpuWrAMdran+ng bybner SignCa lnc4ir Iwywvpenmd we,incmJunroon wideepr /rclbrinppM dk(ynu bybner Sgn[n hnnnrro -w-. ary mr 00lxId dyournpadaemm?ar is it ra br we4 reprodureq cepiedw.ohJ&nd in mYlarhion -I.. derlpnwrhrrd00trkmrnM1dMil dedpn in anycpndane byanYOMn ox wooprWllwur du rcprtu xvirtm grmiwion o/ Janes Sig.Sir br6iddm by law ,dconN..CrdlMleilwelup ro 25%drhe pwrlmrepnn of the pn. JDNfSSIDN wipmhava SO rlorwy march cddri inrludinp PM; where lpecihed IYe camor puaranlee eearr maroon due to varylnpmnparibaryolsurlanmaredalcandpainn UrW. Allruer andamenrimr aeilhdlraISMcimhrmreprimalprajerraMare narlobeuntlercloodar being rexlriyeoruarlrrale. RECEIVED JUN 11 B 2000 JONES SIGN 1211 scheming Road De Pare, W 154115 Tel: 920-953-6700 Fax: 920-983-9145 Www.lonesslgn.can ..a Valvoline #01-47 1180 Yankee Doodle Eagan, MN 55121 e e Authorized Signature x Date:_/_ J 1 06.10.08 JS 2 06.13.08 1S 3 4 6 7 Mike Timmer Kristy Stacy a. 02.29.08 8 of 20 620511r2 PROPOSED SIGN 1THE CONTRACTOR SHALL NOTIFY THE GAS COMPANY PRIOR TO BEGINNING CONSTRUCTION IN ORDER TO ARRANGE TO HAVE A GAS COMFANY INSPECTOR ON-SITE WHILE WORKING NEAR GAS MAIN. I ICONNECT NEW SAN. CORE DRILL. SEE S. SERVICE TO DETAIL PLAT, No. 310. IF EXCAVATION MUST EXTEND EXISTING 12" SAN. S. INTO CO. RD. 28, SAW-CUT INVET_870.9S EXISTING PAVEMENT AND MATCH EXISTING SECTION WHEN REPLACING. 4 SAN. S. MH TOP • B90.OO 3 5T. 5. CB USE DESIGN EE AS INV. • 879.00 TOP • e9L50 PER DETAIL PLATE •886.50 No. 232. 4SAW CUT EXIST. WALK. INV. OVE 8 REPLACE RETE WALK ALK W W! L.S BASE 5 4" ILTRETE WALK. FENCE COUN- ; ROAD N 2 ----- ------ ---..:. - i NKEE U) OD t.: Ff )A_ 2A - ,{ sa 9' 890 995 884 893 9 99 893. 884 - - i?l ?. 0 It 3 TAP TO EXIST. Iz" w. m I j ? ? ;'?•' :L e m 0° W rr ! I SILT FENCE 09! L... J Z 2 T N' ? C. W. C . AAA* W '?3'F'?R4X' flffOR } ? - m z4PtL ?. yal 4? S ~ w' J m },' J C 1 b,•?r•?pj'X`+?`•..,e,,AS.'T}'? I o '.I 'r +,i •~'S:.f •tr+f'/ T, LLW?v' I M II J SAW CUT EXIST ? EXISTI / BITUMINOUS. MATCH • O ! EXSTING SECTION / s• so9-n Pvc sAN s. { •a t WHEN REPLACING. 1 ? ? ?' CLEANONT' A . tI S. INVERT L - ?.• VI`. .. } _LDS. 882A v ` i Ir ji 7 ?\ I 3 j Q 'I ,' I. N ?? I v clEa+a/T m m 89s CURB O ?f CONSTRUCT PRIVATE 1 STOP : s ST. S WITHIN w/ ` 1A c DRAINAGE AND 9\ + `'. AND UTILITY EASEMENT.. 9 ° y BOX PR NATE LINE + so.2 i Ik f I: i CONSTRUCT ;,:H ON 090 IF -f 0 - - ?.. ...891_....998 - \ r •? 1` lLW ? - `, l 5' DRAINAGE II - IS"RCP ST. S. ?, ANO UTILITY 073% EASEMENT - tl 6 . 2 ST. 5. CB S ITOP 0 CASTING. 4 DIG. CR MK USE DESIGN OD WITH SEE DETAIL PLATE N. 230 R 1642 B CASTING. 4' UTA MN. SEE DETAIL \ '•+ PLATE N0 230. G9AINAGEMEN AND UTILITY EASEMENT RECEIVED JUN 1 8 200 20 40 SITE PLAN FEET ?0 Ile CITY OF EAGAN 92-PP POPE S S0 S... 300 522.1 P211.0 5519-5203. 613W3930I FAX 613613 VALVOLINE INSTANT OIL CHANGE LOT 1, BLOCK I, TOWN CENTRE 100 ELEVENTH ADDITION GRADING, UTILIT' AND EROSION CONTROL PLAN' x/92: -IGNYL L GATE 25/92 CITY 11411 HI.VIEW I Aw9, 2.2W WN Ti FI•A 2pINY[Hw. F.n w 9nIH•. I I~• Y 9ryM- wM22M NW sS 1 1M . 2r, N I FnyN2I WAV 2r W2 M w. MN. M Y:nr.au 6•rMC .:••er- M 11/25/02 W.II. 9TN 021, cI OF Regarding addition of readerboard to existing pylon @ 1180 yankee Doodle Rd. : Entire signage @ location is being revamped. Slight logo and color changes are proposed. Criteria has been met for size, location etc. Impact : There will be no impact on surrounding businesses or residences due to the additon of a reader board to the pylon sign. Public benefit : Customers and the general public will now be aware of upcoming events concerning their vehicle maintenance. RECEIVE . v` Co7 NARRATIVE t.0 Agenda Information Memo August 4, 2008, Eagan City Council Meeting B. CONDITIONAL USE PERMIT AND VARIANCE - FINAL COAT PAINTING, INC. ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) of a Conditional Use Permit to allow outside storage upon lot 2, Block 1, Lundberg Addition, located in the NE 1/4 of Section 8, subject to the conditions listed in the APC minutes. To approved (OR direct findings of fact for denial) of a Variance to side yard pavement setbacks to permit a shared driveway upon Lots 1 and 2, Block 1, Lundberg Addition, located in the NE 1/4 of Section 8, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ? A Preliminary Subdivision of this site was approved May 20, 2008, and the Final Subdivision approval appears earlier on this Council agenda. ? Final Coat Painting is proposing to construct a new 13,728 sq. ft. building on Lot 2, and will occupy 7,488 sq. ft. of the building, with the remaining space to be leased to another tenant. ? Access is provided from Terminal Drive, and the current access will be modified to a single shared access with the new construction. ? With the shared driveway, side yard pavement setbacks are not satisfied, resulting in the request for Variance. ? Final Coat Painting is proposing outside storage of up to 20 trailers -- semi trailers and flatbeds, and 16' and 10' trailers. Outside storage requires a Conditional Use Permit in the I-1 zoning district. ? The proposal appears to satisfy the performance standards outlined in the City ordinance pertaining to outside storage. ? Before a building permit can be issued, the applicant will need to provide a Tree Mitigation Plan and Building Elevations that comply with City ordinances. ISSUES: None 60-DAY AGENCY ACTION DEADLINE: August 17, 2008 ATTACHMENTS (3 Location Map, pages •Q tlUglu July 22, 2008 APC minutes, pages ,70 tbrough 7 Planning Report, pages _ throughz 413 a 1 ®' . Subject Site Eagan Boundary Right-of-way Area a Park Are Location Map Parcel Area Building Footprint Advisory Planning Commission July 22, 2008 Page 3 of 5 B. Final Coat Painting Inc. Applicant Name: Lone Oak Investments Location: 3195 Terminal Drive; Lot 1, Block 1, Sibley Terminal Industrial Park Application: Conditional Use Permit A Conditional Use Permit to allow outdoor storage. File Number: 08-CU-07-06-08 Application: Variance A Variance to required pavement setbacks for shared driveway. File Number: 08-VA-10-06-08 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated July 17, 2008. She noted the background and history. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Chair Hansen inquired about the lack of Class 1 and Class 2 building materials on all elevations. Charles Campion, Final Coat Painting, explained that they misunderstood the requirements that all elevations needed to include the proper ratio of Class 1 and Class 2 building materials, but that they have been working with Planner Dudziak to modify the elevation plans and believe they very are close to resolving the issue. Member Chavez moved, Member Heaney seconded a motion to recommend approval of a Conditional Use Permit to allow outdoor storage upon property located at 3195 Terminal Drive, legally described as Lot 2, Block 1, Sibley Terminal Industrial Park, in the NE '/4 of Section 8 subject to the following conditions: 1. The property shall be subdivided and platted prior to issuance of the Conditional Use Permit. 2. This Conditional Use Permit pertains only to proposed Lot 2, Block 1, Lundberg Addition. 3. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 4. Outdoor storage shall be limited to 20 trailers as depicted on the Site Plan dated last revised July 1, 2008. 5. All trash and recyclables containers shall be stored inside the building, or within an enclosure constructed consistent with the provisions in the City Code. 6. The exterior building finish materials shall be modified to achieve compliance with the architectural standards ordinance. 7. A revised Site Lighting Plan shall be required at the time of building permit. The plan shall be revised to provide additional light in the rear outdoor storage area. The Site Lighting Plan shall be provided in a full-size to-scale format, and specifications for the fixtures shall be included. 8. The rain gardens shall be installed according to the guidance of the MN Pollution Control Storm Water Manual, and overseen and inspected by City staff at time of installation. 9. The developer shall enter into a maintenance agreement, in a form acceptable to the City Attorney, providing for the long-term maintenance of the rain gardens. 10. Prior to issuance of a building permit, the means and methods by which the developer satisfies all City water quality requirements shall be reviewed by and be acceptable to City Engineering and Water Resources staff. -7D Advisory Planning Commission July 22, 2008 Page 4 of 5 11. This development shall achieve no net increase of Total Phosphorus (TP) and Total Suspended Solids (TSS) loading or meet removal performance criteria of 50 percent TP and 80 percent TSS, whichever is more restrictive. 12. This development shall infiltrate or retain the first one-half inch of stormwater runoff from any rainfall event from: 1) new impervious areas of redevelopment activities and 2) the entire site of new development activities. 13. This development shall pay cash in lieu of on-site treatment for all portions of the parcel that do not satisfy water quality requirements, at the discretion of the City. 14. An ingress/egress easement, in a form acceptable to the City Attorney, shall be executed and recorded prior to the issuance of a building permit. 15. The Landscape Plan shall be modified to clearly identify, both graphically and within the legend, which trees are for mitigation purposes, and which are for landscaping. 16. Additional landscaping shall be provided around the transformer to fully screen it from views from off the property. 17. The Landscape Plan shall be signed by a registered landscape architect or certified nurseryperson. 18. A Tree Mitigation Plan satisfactory to the City Forester shall be required at the time of building permit. 19. A financial guarantee for the mitigation shall be submitted with the building permit application. The amount of the guarantee is to be determined by the City Forester, in compliance with the stipulations in the City's tree preservation ordinance. 20. The chain link sections of fence shall have slats installed to provide screening of the outdoor storage area. A vote was taken. All voted in favor. Motion carried: 6-0 Member Chavez moved, Member Heaney seconded a motion to recommend approval of a Variance to the required pavement setbacks to allow a shared driveway upon property located at 3195 Terminal Drive, legally described as Lot 2, Block 1, Sibley Terminal Industrial Park, in the NE'/4 of Section 8 subject to the following conditions: 1. The property shall be subdivided and platted prior to the effectiveness of the Variance. 2. This Variance pertains to both proposed Lots 1 and 2, Block 1, Lundberg Addition. 3. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 4. An ingress/egress easement, in a form acceptable to the City Attorney, shall be executed and recorded prior to the issuance of a building permit. Member Filipi inquired about the variance applying to Lot 1 and Lot 2. City Planner Ridley explained that since the final subdivision for Lundberg Addition has not been approved and recorded yet, the motion references the current legal description of the property, Lot 2, Sibley Terminal Industrial Park. He stated it is a single parcel at this point; however the motion will affect both future parcels and is appropriate. A vote was taken. All voted in favor. Motion carried: 6-0. 7/ PLANNING REPORT CITY OF EAGAN REPORT DATE: July 17, 2008 CASE: 08-CU-07-06-08 08-VA-10-06-08 APPLICANT: Final Coat Paint PROPERTY OWNER: Terminal Drive, LLC REQUEST: Conditional Use Permit; Variance LOCATION: 3195 Terminal Drive HEARING DATE: July 22, 2008 APPLICATION DATE: June 18, 2008 PREPARED BY: Pamela Dudziak COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST Final Coat Paint is requesting approval of a Conditional Use Permit to allow outdoor storage and a Variance to the required pavement setbacks to allow a shared driveway upon property located at 3195 Terminal Drive, legally described as Lot 2, Block 1, Sibley Terminal Industrial Park, in the NE 1/4 of Section 8. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. 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 7a Planning Report - Final Coat Painting July 22, 2008 Page 2 change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. 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. 5. 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. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Variance: City Code Chapter 11, Section 11.50, Subdivision 3, B., 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. `73 Planning Report - Final Coat Painting July 22, 2008 Page 3 e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. BACKGROUND/HISTORY The property was platted in 1964. The existing 8,000 square foot building was constructed in 1990. A Conditional Use Permit (CUP) to allow a 150-foot monopole was approved in 2001. A Preliminary Subdivision of this site was approved earlier this year, and the Final Subdivision (Lundberg Addition) is pending. The existing building will remain on proposed Lot 1, and the new development is for proposed Lot 2. The requested Conditional Use Permit pertains only to Lot 2, whereas the Variance request pertains to both proposed lots. The proposed development will occur after the subdivision is complete, creating a separate lot for construction of the proposed building. EXISTING CONDITIONS The site is located west of Hwy. 13 and north of Terminal Drive. The property contains an existing 8,000 square foot building in the northwest portion of the site, which was constructed in 1990. A 150-foot monopole was constructed in 2001 and is located northwest of the existing building. Parking areas are located to the south and east of the building. The eastern portion of the site is open. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zonin Land Use Designation North Warehouse I-l, Limited Industrial IND, Limited Industrial South Vacant 1- 1, Limited Industrial IND, Limited Industrial East Service Garage 1- 1, Limited Industrial IND, Limited Industrial West Warehouse/storage I-1, Limited Industrial IND, Limited Industrial EVALUATION OF REQUEST Compatibility with Surrounding Area - - The proposed use is an office/warehouse with outside storage for a painting company, Final Coat Painting. This business is a permitted use within the I-1 zoning district and the outside storage is a conditional use. Surrounding properties are also zoned and guided for limited industrial use. Airport Noise Considerations - The subject site lies outside of the Airport Noise Policy zones. Planning Report - Final Coat Painting July 22, 2008 Page 4 Site Plan - The proposed site plan proposes a 13,728 sq. ft. building. Access is proposed from Terminal Drive. The driveway will be shared with the existing building on the site. Final Coat Painting proposes to occupy 7,488 sq. ft. of the building, and another 6,420 sq. ft. is to be leased to another tenant. The offices are located at the front portion of the building. Access to the warehouse is through three overhead doors on the rear and side elevations. Loading docks are located on the southwest side of the building. Parking is proposed in front of the building, with outdoor storage located in the rear yard. A 6' wood cedar screen fence is proposed to enclose the storage area. Chain link gates will provide controlled access to the rear storage lot. The outdoor storage is proposed to include up to 20 trailers -- semi trailers and flatbeds "used for hauling scissors and boom lifts," and 16' and 10' trailers "used for hauling equipment such as sprayers, pressure washers, sundries, etc." For the most part, the trailers will be empty while in storage, but may contain light equipment such as ladders. Bulk Standards Parking - 28 parking stalls are provided in front of the building, and another 7 stalls within the fenced area behind the building, for a total of 35 parking stalls. This amount of parking is more than enough for Final Coat Painting, however, depending on the amount of office versus storage space the other tenant has, this amount of parking may not be satisfactory. A greater amount of office space may push the parking requirements beyond the 35 stalls provided. This is something the applicant should be aware of in leasing out that space. Parking stalls and driving aisles satisfy the dimensional standards in the City Code, 10' wide by 19' deep, with 24' wide aisles. Building Coverage - Proposed building coverage is 20.1 %. This is less than the maximum allowed 35% in an I-1 zoning district. Green Space - A minimum 25% green space is required; the proposed development provides 25% green space (17,040 s.f. green space / 68,189 s.f lot size = 24.98%). Setbacks - The City Code requires a front building setback of 40 feet from a right-of-way, a side yard setback of 20 feet and a rear yard setback of 10 feet. The proposed building satisfies these minimum structure setbacks. Parking, outdoor storage and pavement setbacks are required to be a minimum of 5 feet from side or rear lot lines. The outdoor storage areas meet these required minimum setbacks. The plan proposes to eliminate the existing driveway and provide a single combined . driveway serving both the existing and new buildings. This new driveway will be centered on the common side property line between the two lots. Thus, neither lot will provide the required 5' side yard pavement setback, necessitating the Variance request. Planning Report - Final Coat Painting July 22, 2008 Page 5 Trash Storage - Trash storage was not specifically addressed in the proposal. All trash and recyclables containers should be stored inside the building, or within an enclosure consistent with the provisions in the City Code. Elevations/Architecture - The proposed building does not appear to comply with architectural standards of the City Code. The City adopted a new architectural standards ordinance in 2006. The pertinent ordinance requirements pertaining to I-1 zoning are summarized below: • Each building elevation shall be treated as a front. • At least 65% of the building shall be comprised of Class I or Class II materials o Class I -- brick, glass, natural stone, copper panels o Class II - specialty concrete, masonry stucco or other comparable or superior materials. • Up to 35% of the building may be comprised of Class III or IV materials o Class III -- exterior insulation finish system (EIFS), precast textured concrete panels, opaque panels, ornamental metal o Class IV -- smooth concrete block, smooth scored concrete block, smooth concrete tip up panels, ceramic, glass block, wood, or other comparable or superior materials. • Not more than 10% maybe comprised of Class IV materials. The building is proposed to be constructed of exposed aggregate texture masonry panel with some EIFS, stucco, and cultured stone on the front elevation. The proposed plans do not comply with the architectural standards ordinance which requires at least 65% of the building to be brick, glass, natural stone, copper panels, specialty concrete block, or masonry stucco. The building materials should be modified to achieve compliance with the architectural standards ordinance prior to issuance of a building permit. Mechanical Equipment - The Site Plan show rooftop mechanical equipment on the building and a ground-mounted transfonner off the northwest corner of the building. The rooftop mechanical is noted to be located "a minimum of 25 feet from the parapet edge to decrease sight lines from adjacent roadway" and the Elevation Plan states "as far from the parapet edge as feasible to minimize appearance from ground." The plans also note that rooftop equipment is to be painted to match the building "if it is determined that it is visible from the ground." City Code requires that all mechanical equipment be fully screened from views from off the property. If the rooftop equipment is not fully screened by the parapet, then a separate screening structure must be installed around the equipment. Additional landscaping should be installed around the transformer to screen it from the public street and the adjacent property to the west. Signage - Signage was not part of this proposal. Signage will be subject to compliance with the City's Sign Code. A separate sign pen-nit is required prior to installation of all building mounted or free-standing signs. Site Lighting - The City Code states "Site lighting is required as is necessary for security, safety and traffic circulation. Such illumination shall be indirect and diffused or shielded. Lighting shall not be directed upon public rights-of-way or adjacent properties and the source of light shall 7e Planning Report - Final Coat Painting July 22, 2008 Page 6 not be visible from off the property." A full-size photometric Site Lighting Plan was not provided, but a reduction was submitted. It appears that lighting is proposed to be provide through wall-packs mounted on the building and pole-mounted lights in the parking lot. Based on the information submitted, the parking lot lighting appears satisfactory, however a significant portion of the rear storage area is dimly lit (<0.5 footcandles). Additional lighting of the outdoor storage area should be provided for better security. A revised Site Lighting Plan will be required at the time of building permit. The Site Lighting Plan should be provided in a full-size to-scale format. Specifications for the fixtures also should be provided. Landscaping - The Landscape Plan is satisfactory, however, the Plan does not clearly identify tree mitigation plantings. With 46 Category B trees shown on the Landscape Plan, and 32 required for mitigation, only 14 trees are being planted in fulfillment of the landscape requirements. Another 8 ornamental trees are also proposed. Tree planting will occur on both lots. The landscape plan also includes foundation plantings for the new building which consist of both evergreen and deciduous shrubs. Additional landscaping should be provided around the transformer to fully screen it from views from off the property. The Landscape Plan should be modified to clearly identify, both graphically and within the legend, which trees are for mitigation purposes, and which are for landscaping. Planting on the lot containing the existing building can be counted toward mitigation. This amounts to the equivalent of 15 Category B trees, or about one-half of the required mitigation. A separate Mitigation Plan should also be provided. The Landscape Plan should be signed by a registered landscape architect or certified nurseryperson. Grading/Storm Drainage - The site is generally open with wooded areas in the northern portion of the lot, and the overall site generally slopes to north and west. This development proposes to construct various rain gardens throughout the site to control the volume of storm water runoff from the site. The rain gardens should be installed according to the guidance of the MN Pollution Control Storm Water Manual, and overseen and inspected by City staff at time of installation. Also, the developer should enter into a maintenance agreement, in a form acceptable to the City Attorney, providing for the long-term maintenance of these rain gardens. Utilities - The existing building on Lot 1 is connected to City sanitary sewer and water main service, with modifications necessary with the proposed subdivision. Wetlands/Water Quality - An existing business development occupies the westerly portion of the site, while the easterly portion is proposed for new development. No City water quality requirements have been met previously for the entire parcel. Therefore, the following City water quality requirements (according to 2007 Water Quality and Wetland Management Plan) are now relevant to this development proposal: Planning Report - Final Coat Painting July 22, 2008 Palle 7 1. There must be no net increase, compared to existing conditions, in the amount of Total Phosphorus (TP) and Total Suspended Solids (TSS) leaving the site or 50 percent TP and 80 percent TSS must be removed from stormwater runoff, whichever is more restrictive. 2. The first one-half inch of stonnwater runoff from any rainfall event from the entire site must be infiltrated. At its discretion, the City may modify or waive this requirement, based on consideration of any of the following: a. soil borings indicate unsuitability for infiltration; b. infiltration of the equivalent runoff volume is accomplished elsewhere within the same City subdrainage district; c. potential of groundwater contamination exists due but not limited to such variables as: • geology that exposes aquifer vulnerability (e.g., karst, shallow bedrock, etc.); or • land use that causes high pollutant and sediment levels in stormwater (e.g., industrial areas, high vehicular traffic rights-of-way, etc.); or d. other circumstances that may affect feasible and prudent implementation. 3. This development may be subject to cash dedications in lieu of the above requirements, at the City's discretion. The developer proposes to meet City water quality requirements through a combination of practices located in the north and south sides of the site. Each infiltration area is preceded by a combination of grassed swales and sedimentation areas prior to discharge into the main infiltration areas. There are no wetlands associated with this proposed development. Access/Street Design - Access is provided from Terminal Drive. The current driveway access to the existing building will be removed and the new combined driveway access will be installed approximately 60' further east, along the proposed lot line between the two parcels. Easements/Rights of Way/ Permits - An ingress-egress easement between the lots will be necessary for the shared access. The applicant should provide a copy of the easement, in a form acceptable to the City Attorney, prior to issuance of a building permit, and the easement should be recorded against both lots. Tree Preservation - The property is subject to compliance with the City's Tree Preservation Ordinance. A Tree Inventory and Preservation Plan was submitted with this application. The City's Tree Preservation ordinance sets the allowable removal amount for single lot commercial development at 30%. According to the City Forester, several trees on the inventory are not "significant" and should be removed from the total. As a result, there are 19 significant trees on the site. Also, the applicant has indicated they will attempt to preserve trees #32-#35 on the north end of the storage area by making adjustments in the curb line. Assuming these four trees are preserved, the removal Planning Report - Final Coat Painting July 22, 2008 Pane 8 amount is 15 trees, or 79% of significant trees. Required mitigation calculates to 32 Category B trees. Tree mitigation is to be provided in addition to required landscaping. A separate Tree Mitigation Plan was not provided with this application. A Tree Mitigation Plan satisfactory to the City Forester will be required at the time of building permit. A financial guarantee for the mitigation should be submitted with the building permit application. The amount of the guarantee is to be determined by the City Forester, in compliance with the stipulations in the City's tree preservation ordinance. Parks and Recreation - Cash park and cash trail dedications for the new building and lot will be required at the time of building permit, at the rates then in effect. The 2008 park dedication rate is $869 per 1,000 sq. ft. of gross building area. The 2008 trail dedication rate is $1,251 per net acre. Outdoor Storage - In addition to the requirements for a conditional use permit listed above, City Code Section 11.70, Subdivision 22, C, 2, lists perfonnance standards for outdoor storage as follows: a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city .... Ir limited industrial (I-1) and general industrial (1-2) zoning districts, the enclosure may be detached from the principal building. This standard is satisfied. The outdoor storage is proposed to be enclosed with a 6' tall fence. b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. This standard is also satisfied. The outdoor storage area is located in the rear yard. The outdoor storage area is proposed to be set back 17' feet from the rear lot line and 5' or more from the two side lot lines. c. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The proposed screening consists of a 6' tall cedar fence, with chain link gates for security and access to the storage area. These chain link sections of fence should have slats installed to provide screening1 d. The storage area shall not interfere with any pedestrian or vehicular movement. This standard is satisfied. The proposed storage area allows vehicular movement into and out of the site. e. The storage area shall not take up required parking spaces or landscaping areas. This standard appears to be satisfied. The outdoor storage area does encompass 7 parking stalls. Planning Report - Final Coat Painting July 22, 2008 Page 9 f. The storage area shall be sin faced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. This standard is satisfied. The proposed surfacing material is bituminous asphalt, which is acceptable. Variance - The proposed Variance to side yard setbacks for pavement will permit a shared driveway. The proposed shared driveway allows more efficient use of the land, and minimizes access to the public street in close proximity to each other. SUMMARY/CONCLUSION The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of various trailers, and a Variance for side yard pavement setbacks to permit a shared driveway. This property received Preliminary Subdivision approval earlier this year, and the Final Subdivision (Lundberg Addition) is pending. The plat must be recorded prior to issuance of the Conditional Use Permit. Likewise, the plat must be recorded for the Variance to be in effect. A building permit cannot be issued until the Final Subdivision is complete and the plat has been recorded. The proposal appears to satisfy the six performance standards outlined in the City ordinance pertaining to outside storage. The shared driveway will require an ingress-egress easement to be recorded against both lots. Before a building permit can be issued, the applicant will also need to revise the Building Elevations Plan and provide a Tree Mitigation Plan that complies with City ordinances. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow outdoor storage upon property located at 3195 Terminal Drive, legally described as Lot 2, Block 1, Sibley Terminal Industrial Park, in the NE T/4 of Section 8. If approved, the following conditions should apply: The property shall be subdivided and platted prior to issuance of the Conditional Use Permit. 2. This Conditional Use Permit pertains only to proposed Lot 2, Block 1, Lundberg Addition. 3. This Conditional Use Pen-nit shall be recorded at Dakota County within 60 days of approval by the City Council. 4. Outdoor storage shall be limited to 20 trailers as depicted on the Site Plan dated last revised July 1, 2008. All trash and recyclables containers shall be stored inside the building, or within an enclosure constructed consistent with the provisions in the City Code. Ob Planning Report - Final Coat Painting July 22, 2008 Page 10 6. The exterior building finish materials shall be modified to achieve compliance with the architectural standards ordinance. 7. A revised Site Lighting Plan shall be required at the time of building permit. The plan shall be revised to provide additional light in the rear outdoor storage area. The Site Lighting Plan shall be provided in a full-size to-scale format, and specifications for the fixtures shall be included. 8. The rain gardens shall be installed according to the guidance of the MN Pollution Control Storm Water Manual, and overseen and inspected by City staff at time of installation. 9. The developer shall enter into a maintenance agreement, in a form acceptable to the City Attorney, providing for the long-tern maintenance of the rain gardens. 10. Prior to issuance of a building permit, the means and methods by which the developer satisfies all City water quality requirements shall be reviewed by and be acceptable to City Engineering and Water Resources staff. 11. This development shall achieve no net increase of Total Phosphorus (TP) and Total Suspended Solids (TSS) loading or meet removal performance criteria of 50 percent TP and 80 percent TSS, whichever is more restrictive. 12. This development shall infiltrate or retain the first one-half inch of stormwater runoff from any rainfall event from: 1) new impervious areas of redevelopment activities and 2) the entire site of new development activities. 13. This development shall pay cash in lieu of on-site treatment for all portions of the parcel that do not satisfy water quality requirements, at the discretion of the City. 14. An ingress/egress easement, in a form acceptable to the City Attorney, shall be executed and recorded prior to the issuance of a building permit. 15. The Landscape Plan- shall be modified to clearly identify, both graphically and within the legend, which trees are for mitigation purposes, and which are for landscaping. 16. Additional landscaping shall be provided around the transformer to fully screen it from views from off the property. 17. The Landscape Plan shall be signed by a registered landscape architect or certified nurseryperson. 18. A Tree Mitigation Plan satisfactory to the City Forester shall be required at the time of building permit. Planning Report - Final Coat Painting July 22, 2008 Page 11 19. A financial guarantee for the mitigation shall be submitted with the building permit application. The amount of the guarantee is to be determined by the City Forester, in compliance with the stipulations in the City's tree preservation ordinance. 20. The chain link sections of fence shall have slats installed to provide screening of the outdoor storage area. To recommend approval of a Variance to the required pavement setbacks to allow a shared driveway upon property located at 3195 Terminal Drive, legally described as Lot 2, Block 1, Sibley Terminal Industrial Parlc, in the NE '/4 of Section 8. If approved, the following conditions shall apply: 1. The property shall be subdivided and platted prior to the effectiveness of the Variance. 2. This Variance pertains to both proposed Lots 1 and 2, Block 1, Lundberg Addition. 3. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 4. An ingress/egress easement, in a form acceptable to the City Attorney, shall be executed and recorded prior to the issuance of a building permit. Eagan Boundary ¦ L ocate o n Map Right-of-way _ Parcel Area Park Area Building Footprint C3 .3 CP 0 0 10 - e 4? ? p P ? ? Q ? p ? o0 0 _ _ tj' Qp 0- G4 c7 1 © 4 © 0 rte' ' ° oo q :o c? 0 oG' oo° ? o d ;7 Q 0 Subject Site o ? d ?Qi d o Oo ? o o q oCSp °[Sq° Gld TkI, Qua i rt 1 0 ° d P l9 ? .. Q f 0 G7 p ? LI t7 d o"o ° O Lzi 0'°m 9m oa C®? Y ^ COUNTY ROAD NO. 29 (YANKEE -DOODLE ROAD) f? 1000 0 1000 2000 Feet Development/Developer. Final Coat Painting Application: Conditional Use Permit/Variance Case No.: 08-CU-07-06-08 & 08-VA-10-06-08 ? f E 8-3 E ONLY N W+E a o My Cit J THIS MAP IS INTEND ED FOR REFERENCE US ti d f are on an orma The City of Eagan and Dakota County do not guarantee the accuracy of this in S Community Devebpment Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Final Coat Painting Conditional Use Permit/Variance 08-CU-07-06-08 & 08-VA-10-06-08 Zoning Map Current Zoning: 1-1 Limited Industrial 600 0 600 1200 Feet ft• T. Comprehensive Guide Plan Land Use Map Current Land Use Designation: IND Limited Industrial 600 0 600 1200 Feet N pamel base map information provided by Dakota County Land Survey Department Desmber 2005. Zoning information maintained by City Staff. r ? THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E Cit of EajaIl My The City of Eagan and Dakota County do not guarantee the accuracy of this information. S n o LUNDBERG ADDITION ?tI 1e000ye 0001 Nily Grr00.nla ere / 1 s6'BJg?? n^5 ?`b ir_ p `? ?..`..' 000.0 0000 II I 1 e\1\ F ?I / \`\ y'I ,? B.b9 l0 Ie.1. .1010 0100 ..'000109 \ / \ / 0001 el .ey Cn.r n0. 10 .ell kn. Yln \ /JT, one Ni.bbp we na 1, .. \ r T: / StSis I I 1 1 / - / / .-.I I l0 101 / / \ L / BLOCK f / / / I • e bI / I!1( Rr \\\\\ ! N 1 /' /' ? IT r I tH t ,e\ I' 1 - ' ' --------- f N ?°R, I NI ----------------- / n•rl.rirl I 9 l?/ Vicinity Mop / SO Is in Feet 5.,000 & T nMg 27. 0... 23 -- • p-ru 4.4, Ib ScOn ry.0.n0a ,011 . ,+I) 0,? J ?s •n1 1. C-I>D, _ / ro f0. 1000 el Let 2, Ob,o I 90'0 \`O ?J 518111' TE.." 00518000 - 4 • „' •.. •, 1' _ 000.000 Ie Mn a 000059 e1 NISJ606w. 1 06 jet c 00MM's.?e ans.. col IewM On N. \ 0 1?.Mrwllw;ele Li,.?a. me. 2"6 100050 KNOW ALL PERSONS By THESE PRESENTS: Tn.l 00,.010[1 O,%o. LLC.. "I ....11 6171(00 II0b11I1ly ..,P*.,, l0. u01 .n and ClllrOna cep.ndcnl Reny, a 0 .Inl. look. .0000909.0 Cl In. 10110.119 O..C,ln.a 91,9.11? .11 1.0 b In. Cey el SOLO)., S101, 01 Ylnnafell. to .il.?o L01 2. 010E 1. SOLE? 10000.21 00151050E PARK .,,.!1059 0.00.. IMI p«IM 91011.0 0, LO TED STAROMRS A00R0C -a059 Ie Ine r.-0N y1ol. I1.nl. SOL011 Ceunlx 00050.000 esu,N IM , . 0 done 101001.09./ ., (550RERG 000(700 0000 K, Mn? ^cekON IO 105 pull), rw wear 0,. 0«.111 0 en?11Ja ybl ro, 00.05 001110 W,IOn. My s. 000.0 N 7101 Ine 0.0.0.00 n 00 .0 1000.,, .0.1101 0010 1,1,5004 04in I.I.C. ,0100.01. AMbO ft .bill ,00900/. 000 Old- me.. Soon). le be .190.0 by Os p'e,w oOlcen I ,_a%OI .2011 I.,MIw 0111 LIC .100 10050,1, A, «.,00.00 a 2 0e0. 0- N, 5[. 90.10.00 514. Of Cewlly 6 00.90' ,vnl wa 0 . 02.1 9,010. 011 10.1 ey 0l .2001 • AI00 0000.9. 00.0.01 9.000, of 00.004 O,in LLC. [ Yim er 9051.110-6•C?y s[r5ponr. [n MMM al [[N [0.09[0?. en0 won Kung. x[00c C 00,.00-Gi e- wry. 05 410.0 .05000 eald Cilinn[ 050.9.00.01 Reek I Yi09n1..101. honk M. 000[[0 the,, p,..enl. le 6..g-e0 by III prop. Ill" Ini[_ ary 01 . 2001 0110.9. 0tl.p.n0.d Rona 6050 5.. NcC.,. 110 woe WO.- C-11 1n, I«000009 1-=.,.r, .0..09. eer0 der 2008. by 0.wd W. 0Cbey, 4e. 91.00001. e1 Slir.n ba.w,0Ylu,nela .1.1. ben.. mn0 rw .7 .L 14ery u o. ,1000? Ine) I .1011.0 end 91011. IX. I 0.0[11.0 sn Inb 1.1 sa LYIOKRG A00S0,k 10.1 1. Iles b e 00,01 I nw 050 00 0O 9,000 cr etc 0«,nl'Y, M.d,.elnc .I a 1. IS. N 000,0.0 0.11 c N IMI II«. w n0 0.00 0001 ?Iwy pNCN M In 9,euntl n aMn IMI IX. ev 10. se0Neryn an*w. [00,.01. gn01c0 n Ibl .el 0000. n 00000 0500100..00 510151n.`S.Ibn 0502, 5000. 1009000, tign.oy. le doa a h09191OK en 105 pbl OIL, IIn 0, 550.0 4 newls?k 0111.0 12611 Slel. a 0005.01 cw4y n/YdkelOn IM Iw.e09 S-1 G'tiRCaN a .0000.NIpM 64000 m. III. _I.y Cl . 2006. Si O*Nd G Gogle. 0.00000 lw-, Ne. 42618. slap eunly. 0..em Ely C00- C.y.. /000,10? 31 201100 we ae n. y .-I'll 100100I55__...20/ e . 2001 Ine Clly G.N2 01 Isgen, 00.05.010 epp011d I4a POI. C.,. /01000.1 10 5.,1100 3650.65. 10050/. 91.101n, 151. pbl he, bon 050,0110 Inb _ 00y Of . 2001. reed R. 11105000 NOW. COnIY Suruere' M,.br c MI IM l0 c le, IM yew 2006 let 0e bn0 d..K0N n I1N Ibl O. L0NSRERG 000001 Mw0 .... 9eOK one .. 0. 050.1 I*0...'.•h. e0. 100000 .0101. 0b_ 1., el . 2001 C.u4y Tre*.wer-A0000. behold Ceunlr. WM..0I* 00.500..1 N00.0w c,.by ,111, Inn) Inb M-,1 .o. Iled 00 105 ell . Of IM C0nIy R.wdw I« 0.000 n IYa _1000 el . 2006 .1 ., end .e, cult '.0,0.3 01 BeM n 759. Cwnly .-00, -.L. C.-l. 00.00.010 Rehder and Associates. Inc. RECEIVED JUN 1 3 2906 ?,\ 1 UTILITY NOTES - M ,..p ..-.5 Ie ..13' to a 5431 S• Imn pep,.' Se.Wp. 4415 .5.p mein p5. pnp,.' 9.3'1.5 - up a m. II - 40311 x .1311. 0.1.053..43 1,0..54 m.N.nkw .^5k.r 4..3 M .41.3.4 14 1#n a 9Mxmm of 1.3' of urp. - B- 1 011 N,Ikp p.k9ary ....5 M.. GRADING NOTES m-M.4..Ik.. 5443 M to Mal,444x.4 m -01.4,x45 it 5.51.440 l., /4141435 . N.1k,N 5.0,45.4 abcfs.g. 51434.141.3 Sn,lem I-) cw,.4 SImn v.4., -w axl,uaux 4d.ib ew.43 cm»xu.n Lqn.. N i? S.W. In F.et LEGEND • 59°50$0 10014E - - B°IIN 0/3440/44044 440 590501110 011CN 0111 ----- (45(1.115 9ROPoSFO 15014051 ------ LOT t9E 590106(0 011E WLLS --- BN000M/P409.10 5(1409 154( 4* 590505 0 5114(0 010 1 40 0 40 5 9 0 9 50. 9019X0 -+ 091110 4 09 1 1 5( 5 0 5X050510 5191995 091 E -.- 1}051010 041140!5 590503(0 916/4019 --5- 0455010 544.1 55 50149 CI 555555[0 000,091E -11- (110140 570101 51(9 P9000100 510. dM BOUMHOIIS - 1--- 0051.10 0550 001 101 141 1 59050500 5045 WIT 300140006 -1- (X615 0 00990 51(0190 101 -OSF- 59050510 WNIOIM --1-1407010 9J540 9115X00,( 101( •4 95090000 5(401100 -rv--IXpR4B f1 mm 151(0,000, 141 -b-- AT 510( 450 (01519° 0401005 - • • • - 006701071 1 I11N5 . 551-11 (55140 (1204941 ay/ d f Ct) 1.4 EEO W i J R'JY. ? r ? ? p p6 nlo1? o. ? • ?'?`i'91T.ta'of"?&'9w 5011'""o?'i'a6• z POND W OVMFLO z F "0 05Cc C 1 541 ( Wp, oa99 CL g ? ? ? m z C) U ?O p QZ 1 Y 55454--up5H99a 6[ r- C?w1f1110?C)IYN SNb U O Q ? V" r w9tQM 0-50140 fOXPof1 9001 f) Of W 44..415. va l4,aovvnm 9943 .°. O Cl RECE t^Y?^J Fyvti., t[Y °.1 99n9 ?.n6 L uwn. o 9 US I De.or,pti" 9L]SUxLL-9 fiI,GLE 1 1 u 5U 6 Y.. .OL6 MS[ i. 9Po PROJECT: FINAL COAT PAINTING PREPARED FOR: CITY VIEW ELECTRIC .4 ..Y ... . Y DESIGNED BY: INFINITY GROUP, LTD. 509 SHAUGHNESSY AVENUE ..Y ..4 9.9 ..9 YY Y.4 LONG LAKE, MN 55356 JUNE 30, 2008 4.4 4 NOT TO SCALE .. .... ... ... o.. ..Y ... ..u Y.Y ... o . ... 's?rY jo.o=?V 4:0 N; cry f ' ,... .... o.. . u ,:_. ..1 ..Y .. ..Y Y.o u.u .. Z:.m?k,L.. .o? .yy g ,... ..Y o.. 40 4 1. , ... Y.c o.6 .1 ... .... ... Y.Y ... ..o o.Y Y.. b.. Y.. 'o:C _ . `??w!e ..4 b.u .u u-! 0.6 , u.f l.a •1.. U u.) u.e 4.1 u.l 0.4 u.u u.4 4.o u u.u u.u Y.u i.p :.0 Y. u.0 V.0 .. u.x u.9 i.] 3.a'?- . u n 9 ..s ,.. ].] ,.) ... b.) 4.3 n. ly :• .4 9.u u.u ..o p.. ..u .u o. u.v V. D'AA AA . ..., ..1 ..Y u.n ... u.. ..9 ... K 4 i.9: n.9 ].6 1.. n . 4 ] ..i 4., ., . .. ... qlAA ..1 .., 1. y'.) ..9 ,.. . ... BUILDING ..x ].xSEEBACKQs]A .Y Y.. ].u 5.. AA ... ,n i]. - Y.. ... ..] AAd } i..• j u.6 u.s n.6. 0.9 l., z., 1.. ,., },]• ?.f+`. .... PA ?..) }.s /.C- V. DRAINAD.E4 UEUT Y EASEMENT • 0` + o: > r PARKING I SETBACK. i.. ?. ],., 1., ']x.5 JCC y?. i.z •c'av? 7..1 1., ia.] b.6 ,.. ..+ '6.s i.. }.i ?.i • }.Y ,xo Yi-.9._ • I..z +,:6 ryBgGe...9 }n :?'IFASF?'/hy M .9. ?r.?, Fror ... } •, ... 9 ... }.6 : i.) S Ski .9 I<;J' 2Ju car tim c 'z 9 m NORTH n. 4 ?? SITE LIGHTING ?I U \ / w(?(» \ 1817 6, 21 23 24 SIC 2 a OUTDOOR STORAGE 33 0 \ A 1, \ \ t `1 E)OSTING BUILDING K lAVO . 0 K au0K0 . b y ,t 1` y`., : n A[pRRO . - . b[ 6 L •1t REPLACEMENT TABLE ?{{ ? ,ta.111 A?IA<.XR1. ?, IawRw r P Al' MW A,rr Ir1 (x) 4T. V. (A) 4r. 'c' (x) CAT 1 K' flaw [W (x141. 'A'. (U CAT. ro'. 141 4L •C (•) CAT 0 n ' s1e41w 4X (N 4r, 'A'. (I) 4r. T. (A) CAL 'C (x1 41 I b ]' smAw tut 1 111 4I, •A•, (1) CAI. W. (A) CAI. 'I (A) CAT 11 Ix' AO QOw 11) CAI. W. (A) 41 1r. (A) 41 Y' (x) CAI 1 v x1- 1HrA11 t1u 111 u1 •A•. (.1 C.1. 8'. (.1 CAI, Y 14i CAI 1 ]] 1r' f010 Art (N 4T. (x) CAI, le'. IA) 41 'C' Ix) CAT ]1 ]x' 87474(X 411 u) cu, ••'• (A) 4I. V. (1) 41 'r (A) 2411 ]] tY 011. •24 Ix) CAT. •A•. (A) CAT. 11'. 111 CAT. -C NI CAI 1 Al Ir Caa][wua 111 w.•A•,)11CALro'.(A)u1•C (x1CAls ]] Y- Cu rut 1'rrla UI uT. •C'. (al CAC. V. (U CAf. 'C (2) uT 1 Al Y' coL Rut srrla (rl 4r. •A•, MI eAr. ro•, (A) 4I. •C' (.1 CA1 Al 1{' 4l is S-cE 0) 4I. 'A•• (x) 41 W. (A) 41 'C• (x) CAI I w 1' ocp A. -1710.21 w K KELCla ---- 1 W. [1001 W r ACC S 'O K .(14.01 ----- Y {' 10. 400 W I KOJ11 IO •t 7114711 ____- a 1o' fRU11M11W 11) (a) 4I. W. (A) 41 V III CAT • Y W LI001 X01 K01M11 TO K K 01 41 T. (•) C•1. 'C (a) [41 11' 1. (11 41. (I) CAL W. (A) 41 'C (a) CAT 1 v10(4 W 18100K1 K aAL*CO I' 'A'. /al 11' 4.10X.000 11) 41 'A'. (I) 4L W. (A) 41. 'C' NI CAI 1 Ia I. 4IIw..Ob PI 41. 'A'. p1 nr. T, pl 41 Y (a) 4I A 01 r41IOx.Om IN 4I. 'A".( H 10- 411aATIW Wr a b 1Y 41171-4 (1) ur. 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OUTDOOR STORAGE dt BUILDING\\ 0 h. \ /?.4• L7 SHRUEBPLANTING DETAIL EXISTING ` •\ / , r u•xa•91i nNln 41M l•r \ .,,;) Vii; ±Al / i ( r \ -P4141s rlu.rt ox ..el \ ?` lD wr ai i[IOEM PROPOSED/ BUILDING Iq-1• A9alE / -_INNd IAe(R rY !`?]'svm It1is ` JI ? '0C? ? [.rtx wa U / \ +p n \--w sDi ie meirt iD? \ •IL w ACINFK PINIP[I !ui tlnrt Ia lN¢,? J ]. NroNN•L NOM f II.OpIN, YY • S•WV LO•N SdL .. ? ^O. (' Jai [•[x \ ,?I m 1 ? ?? 11 y F' NM [.a i j o )TREE PLANTING DETAIL \ I o ?` TM?II?i?aulc wNDAnDN PLANTING SCHEDULE T' COMM NA BOTANICAL NAME y REMARKS A cawADO mtfN JPIIYQ r.¢• roNa[N! I ! (al ! . 8 Nlli rppay\r1AlX• I! (ar F) x W 9A C SNYe 41St Du aulNmi xmS ! IW e1 -ip• CA! 4t D .unNw wrt Nmu !cw n¢uuN ? !(wq !-In' cn SAN/ E a•e.rni yp,r • tar c1 ?;LLin F Nua[s LNP[F A 55011 NXAJairYri wur a Jv x ror G GOuw • Si lions. 9memis lIA10(Ix '4004W x Iai x H rVIIPI[ MM sun dMNI Muni • Olt.* '! U• M ror S `? ? G 1 r O\? l.Q , itI ??• ? ? / .wI ui • nies Iimal \® .`?: -... - rJ . roNONe, Jxs ..[. 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Z N V ,ENE DETAIL n u ,1 " •I / / rt°? 's Ds { emu Nam •\ / / 1v[I itV \ o 'ri I ll icwrto \ .- T AS ' ? Q N cm m roorNO ruin NrvAresl a KxcD "e _.- - -_ - TERMINAL DRj •- V j / 4 a..x 1. ,. / /?? ir•. , r aw.e ss w IIL • rM. 0 OJ DMA J / Ir°a - for >. aaa 1. rw.r.. seusrN.[ ouc : INNUr / ,ovule - 1-l, wrtD w?nnex[ Yt as -?. 1a,AAr. n I.st wus / f/n s/ mr surrtu ntuuxur / eu[D.w fa - IAr}D tr. l./ NDrt:. cagnalt us[ rmur n ecawsn rDe: ?a° o s Ksa 1p0 / e/u . o. on arrrru n Nrwrtu r ua m °N ra / / .r / a '?" ) x°R:: wrY an .ccrss r / li < ssl We f eD / / ./ Il1O V. - . ID .0 G CDVLeJ00 -line i Tlt a asaIW+¢ - 11.DW ir./ eller 11, - k mo l f W,x - / / // unM a.CcaarYRsaA0 c YAll.- SITE PLAN J / , ftftn Ar 1/l0D - 11 Srry.S Teel V / / •' f[ LIGHTING PLAN . 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CMa)N RP LL tW Owe. )A./W wrt.a u OTT 9NUfM ) ) MlElvruT e lC OW TL911TT)1 ELEVATIONS 5Aee1 Number A3 Project N0. 080114-5 IIIIIIIIIIIIIIII IIIIIIIIIIIIIII IIIIIIIIIIIIII 1111!11 IIIII IIIIIIIIIII II IIII I I IIIII IIII IIIII IIII IIIII ID III! -- 8033 24TH AVENUE SOUTH • BLOOMINGTON, MN 55425 July 2, 2008 City of Eagan Attn. Pamela Dudziak 3830 Pilot Knob Road Eagan, Minnesota 55122 0 PHONE 952.854.9580 • FAX 952.854.9577 RE: Conditional Use Permit- Final Coat Painting Project Dear Pamela, Included on the new set of blueprints is the payout for the trailers in the storage area. The three semi trailers are flatbeds used for hauling scissors and boom lifts. The 16' and 10' trailers are used for hauling equipment: sprayers, pressure washers, sundries, etc. What's left in the trailers while in storage is just light equipment such as ladders. These trailers will only be stored here during the cold winter months. The tractor trailers don't always come home for the winter. Also included is a picture of one of our job site trailers, one of which is actually in our storage area in Eagan right now. If you have any other questions, please let me know. Sincerely, Charles Carflpion President RECEIVED JUL 4;2 2008 li? SERVING YOUR COMMUNITY FOR Two DECADES www.finalcoatp.ainting.com 5 , //[7 ,x ? ? J q ?1S RECEIVED JUL a 2 l n r (?1 800z Z o lflf 03AI3338 FINAL COAT PAINTING. 8033 24TH AVENUE SOUTH • BLOOMINGTON, MN 55425 • PHONE 952.854.9580 • FAX 952.854.9577 June 17, 2008 City Of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Lone Oak LLC Variance and Conditional Use Submittal - Comprehensive Guide Plan Property Identification No. 10-68050-021-01 is awaiting final approval for Subdivision which will create Lot 1 and Lot 2 at 3195 Terminal Drive, Eagan, MN 55121. Lone Oak Investment, LLC is submitting plans to build a 13,700 sq. ft. office warehouse building which falls under existing Zone L-I classifications except for variance for a shared driveway. This shared driveway will eliminate. the need for trucks using Terminal Drive to back in plus add additional green space. Also needed to meet city zoning is a Conditional Use Permit. On the back side of the building, Final Coat Painting is planning on storing job site trailers. Both the Variance and the Conditional Use Permit for the shared driveway is on the attached plans. ¦ Zoning Classification Currently the land is Zoned L-I (Limited Industrial) The new proposed subdivision lot would be zoned L-I (Limited Industrial) also. What we want to do: Timing/Phasing Variance: We are applying for a variance for a shared driveway accessing both properties which would mean only one access from Terminal Drive. Timing of this proposal would follow the city of Eagan's timetable, with hopes of completion in 2008. We would like to begin construction no later than September 1, 2008. Conditional Use: RECEIVED .,".y:; n sry 97 SERVING YOUR COMMUNITY FOR Two DECADES www. finalcoatpainting. com • Existing Land Uses on Subject Property Currently the land is utilized for the current building: which is approximately 8000 sq. ft. as described above. In addition to a cell phone transmission tower on the rear portion of the property, this is currently leased to AT&T. The proposed subdivision lot is currently vacant which has a few trees and grass. It is Zoned L-I. The plan for Lot 2 includes building a 13,700 sq. ft. office warehouse building to be occupied by Final Coat Painting, Inc. with approximately 2400 sq. ft. of office space. • Surrounding Land Uses and Zoning within 660 Feet The property is located in the "Sibley Terminal Industrial Park" adjacent to the "United Stationers Addition" Industrial Park to the North. All properties within the 660' range are Zoned L-I (Limited Industrial). Highway 13 runs to the est of the property but it is not adjacent to this porposed lot. The proposed subdivision does not fall within the State right-of way. RECEIVE JJ 4 8 O8 9s' I G) Agenda Information Memo August 4, 2008 Eagan City Council Meeting C. REZONING - CITY OF EAGAN ACTIONS TO BE CONSIDERED: To approve Termination of the Gift of Mary Planned Development for property legally described as Lot 1, Block 1, Gift of Mary, located at 510 Lone Oak Road. To approve a Rezoning from Planned Development to Agriculture for approximately 33 acres legally described as Lot 1, Block 1, Gift of Mary, located at 510 Lone Oak Road. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ? The subject site was rezoned to Planned Development in 2002, with the Final Planned Development approved on December 17, 2002 for a five year term and has since expired with no progress made on the approved plan. ? At the direction of the City Council, staff contacted expired and incomplete Planned Development holders to help determine next steps ? The owner of the subject property responded with a letter explaining their desire at this point in time is to not extend the PD. ? The APC held a Public Hearing on the Rezoning at their regular meeting of July 22, 2008, and they are recommending approval. ATTACHMENTS: (3) Location Map on page to . Draft APC minutes on page C Staff report on pages [ through 9q Location Map Eagan Boundary Right-of-way a Area ® Parcel rk Are P Area a Building Footprint ¦ " L1J br *A LLJ j ect Site • Sub C.S.A.H. Ne. a¦ (LONE 0" ¦¦.) 40 • 4 r ! ? ? ? ® 1 '? a r- I win, L- 1 -1 .1 ¦ ?MM; •t s ? IL r f A f ® f? ? y A f ? ' f w d 7 M F vPer+ ! Atv ej 1000 0 1000 2000 Feet Development/Developer. Gift of Mary Application: Rezoning Case No.: 12-RZ-02-06-08 c f t /tyV N w E i y o THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. Advisory Planning Commission July 22, 2008 Page 5 of 5 C. Gift of Mary Applicant Name: City of Eagan Location: Eagan/Inver Grove Heights border between Hwy 55 and Lone Oak Road Application: Rezoning A Rezoning of approximately 33 acres from Planned Development to Agriculture and termination of the Gift of Mary Planned Development agreement. File Number: 12-RZ-02-06-08 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated July 1, 2008. He noted the background and history. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Member Chavez moved, Member Filipi seconded a motion to recommend Termination of the Gift of Mary Planned Development. A vote was taken. All voted in favor. Motion carried: 6-0. Member Chavez moved, Member Filipi seconded a motion to recommend approval of a Rezoning of Lot 1, Block 1, Gift of Mary from Planned Development to Agriculture. A vote was taken. All voted in favor. Motion carried: 6-0. VI. VISITORS TO BE HEARD (FOR THOSE NOT ON AGENDA) There were no visitors to be heard for items not on the agenda. VII. OTHER BUSINESS City Planner Ridley stated the next Planning Commission Workshop would be held on Thursday, August 14, 2008, at 5:30 p.m. VIII. ADJOURNMENT Member Chavez moved, Member Filipi seconded a motion to adjourn the Advisory Planning Commission meeting at 6:58 p.m. A vote was taken. All voted in favor. Motion carried 6-0. Respectfully Submitted by: Steven Chavez APC Vice Chair Camille Worley Recording Secretary IDS PLANNING REPORT CITY OF EAGAN REPORT DATE: July 1, 2008 APPLICANT: City of Eagan PROPERTY OWNER: Richard Copeland REQUEST: Rezoning CASE: 12-RZ-02-06-08 HEARING DATE: July 22, 2008 APPLICATION DATE: June 18, 2008 PREPARED BY: Michael J. Ridley, AICP LOCATION: 510 Lone Oak Road COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMMARY OF REQUEST The City is initiating a Rezoning of approximately 33 acres from PD, Planned Development to A, Agriculture and a Termination of the Gift of Mary Planned Development. This request affects Lot 1, Block 1, Gift of Mary; located between Lone Oak Road and Highway 55, in northeast Eagan. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part: 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY The Gift of Mary Planned Development was approved on June 4, 2002, with a five year term. The PD has expired and City staff has been in contact with the holders of expired PD's regarding their future plans and the Copeland's have indicated that they would prefer termination of the PD at this time. f/?? Planning Report - Gift of Mary RZ July 22, 2008 EXISTING CONDITIONS The subject 33 acre lot is generally vacant; however, there several buildings that dot the property including a single family home that was built in 1968. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North Boulder Lakes Zoned BP Guided SA South Hwy 55/Residential Zoned R-1 Guided LD East IGH Zoned Multi-family Multi-family West Large lot residential Zoned Agriculture Guided SA EVALUATION OF REQUEST Compatibility with Surrounding Area - The rezoning appears compatible with adjacent uses and results in the most suitable residential category in relation to the airport noise experienced in the area. SUMMARY/CONCLUSION The Gift of Mary Planned Development was approved on June 4, 2002, with a five year term. The proposed Rezoning/Termination is in keeping with City Council direction and will insure that single-entry residential will be developed on the subject site. ACTION TO BE CONSIDERED To recommend Termination of the Gift of Mary Planned Development. To recommend approval of a Rezoning of Lot 1, Block 1, Gift of Mary from Planned Development to Agriculture. /'0'3 r: ov s° Location Map &1,4 ?uNK NWY. NO, NOW 04he -10%4 TK" ss Development/Developer. Gift of Mary Application: Rezoning Case No.: 12-RZ-02-06-08 4910. f]q? 1M'' N THIS MAP IS INTENDED FOR REFERENCE USE ONLY Cit y of Ea an IS INTENDED JE The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Devaiopmont Department not responsible for errors or omissions. Eagan Boundary Right-of-way Parcel Area Park Area Building Footprint v LLI "?? 0: 1000 0 1000 2000 Feet Fu- Current Zoning and Comprehensive Guide Plan Land Use Map Gift of Mary Rezoning Case No. 12-RZ-02-06-08 Zoning Map PD D kp PD Current Zoning: C.E.A.X. NO. 21 LONE OAK RD. Loca tion 0 Mille m 16 - PD J yp A . o p ° Planned Development O m fir PD A :4N KNWY. NO. SE A PD 6 ep ? ? o IP B 0 D o. ® ® 0 °0 e 0 c? ® ` 3 4TF y} tie - ® e : ® 1 -- ¦ 4 n ¦ 600 0 600 1200 Feet T1 1 Comprehensive Guide Plan Q 66N Land Use Map : - SA S Location C.E.A.N. NO. 28 LONE OaK RD. - Current Land Use Designation: AP SA m o o ' NNN 4 °° A SA R O/S ® SA-O/S aY1+uNKN m D • WY." SA- Special Area-Office/Service ss °' m 0 Q C 01S d . b ? m • m m® ga Lb''p p ° O 9 m a R 0 0 0 C t FA ? ® 9G,y4 ` MD ? ®e 8t4TE ? C 4 ? t ® ® ' ?' N a ® ¦ O s ¦ sE IND a ?e3 s.a +o ¦ ¦ 600 0 600 1200 Fee ??...6? \o I 86i ¦ e¦ ! ?' N Parcel base map Information provided by Dakota County Land Survey Department Decmber 2005. / Zoning information maintained by City Staff. n? W E City of Eapn THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. S AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER AUGUST 4, 2008 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. Approve EDA Minutes D. OLD BUSINESS E. NEW BUSINESS 1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT - Approve Stipulation of Settlement for Former Eggum Estate Property located on Blue Gentian Circle 2. CEDAR GROVE REDEVELOPMENT DISTRICT - Approve Stipulation of Settlement for Former Null Property located at 3998 Sibley Memorial Highway I I f, 3. CEDAR GROVE REDEVELOPMENT DISTRICT - Approve D Stipulation of Settlement for Former Schendel Properties located at 3995 & 4015 Cedarvale Drive F. OTHER BUSINESS G. ADJOURN I.o(?e Agenda Information Memo Eagan Economic Development Authority Meeting August 4, 2008 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENT AGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. • MINUTES - The minutes of the June 17, 2008 EDA meeting are enclosed on pages 1o7 MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota June 17, 2008 A meeting of the Eagan Economic Development Authority was held on Tuesday, June 3, 2008 at the Eagan Municipal Center. Present were President Maguire, Commissioner Carlson, Commissioner Fields, Commission Bakken and Commissioner Tilley. Also present were Executive Director Hedges, Community Development Director Hohenstein and City Attorney Dougherty. ADOPT AGENDA Commissioner Tilley moved, Commissioner Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA Commissioner Bakken moved, Commissioner Tilley seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It was recommended to approve the minutes of the June 3, 2008 EDA meeting. OLD BUSINESS NORTHEAST EAGAN REDEVELOPMENT DISTRICT AMENDMENT OF DEVELOPMENT AGREEMENT WITH MG EAGAN LLC FOR THE REDEVELOPMENT OF THE BLUE GENTIAN CORPORATE CENTER PROJECT Community Development Director Hohenstein discussed the need for the proposed amendment to the development agreement with MG Eagan LLC (McGough) for the redevelopment of the Blue Gentian Corporate Center Project. Commissioner Fields moved, Commissioner Tilley seconded a motion to approve a resolution adopting the Amended and Restated Development Agreement between the City and MG Eagan for the redevelopment of the area described as the Blue Gentian Corporate Center and an Assignment of the Agreement to LaSalle Bank. Aye: 5 Nay: 0 NEW BUSINESS There were no New Business items. OTHER BUSINESS There were no Other Business items. /off Commissioner Tilley moved, Commissioner Fields seconded a motion to adjourn the EDA meeting at 8:15 p.m. Date Thomas Hedges, Executive Director /0? Agenda Memo Eagan Economic Development Authority Meeting August 4, 2008 1. CONSIDER APPROVAL SETTLEMENT FOR PURCHASE OF EGGUM ESTATE PROPERTY ACTION TO BE CONSIDERED: To approve Stipulation of Settlement for the purchase of the Eggum Estate property in the Northeast Eagan Redevelopment District and authorize the EDA officers and City Attorney to execute the Stipulation and any related documents. FACTS • As a part of its development agreement with McGough Development for the redevelopment of property in the Northeast Eagan Redevelopment District, the developer acquired a number of properties by direct purchase and the City acquired a number of properties through eminent domain in furtherance of the assembly of the property for redevelopment. One of the properties that was acquired belonged to the Eggum Estate. • The City acquired title to the properties through quick take and made its deposit to the court in the amount of its appraised values for each property. McGough has secured the cost of the acquisitions through a preliminary payment to the City and through a letter of credit for potential future costs. • The City is preparing for hearings to resolve the difference between its appraisals and those of the property owners. In the meantime, the City has also engaged in negotiations with the owners' attorneys for possible settlement. • The City Attorney has reached a tentative settlement with the representatives of the Eggum Estate to purchase the property for $985,000 or $145,000 in addition to the $840,000, previously paid by the City • The City Attorney and City staff have reviewed all of the documentation provided by the Eggum Estate in support of its determination of valuation. Because this matter is in pending litigation, should the EDA desire to discuss the terms of the Stipulation of Settlement before taking action on the item, the EDA should recess to a closed session. At such time as the EDA determines the information presented to be in order, the action above is in order. ATTACHMENTS: • Location map on page • Stipulation of Settlement on pages ? through I ?? . I1D Former egg um property 0 T?F ?svict ,r? RON?..- _.: AS A%w 70f 350 X75 urn Property ormer Egg STATE OF MINNESOTA COUNTY OF DAKOTA Eagan Economic Development Authority, a Minnesota' municipal corporation,. DISTRICT COURT FIRST JUDICIAL DISTRICT COURT FILE NO.: CASE TYPE: 2 CONDEMNATION CASE NO. C6-07-8494 Petitioner, V. Roger J. Reiling, Gladys Reiling, Bruce D. Lewis and Billie Joe Lewis, Marilyn Sandford, Frank J. Pavlik, Patricia M. Pavlik, Joan R. Eggum as personal representative of the Estate of Marvel G. Eggum, County of Dakota, a political subdivision of the State of Minnesota, Mary Roe, and all others claiming any interest in the property described in Petitioner's Petition, STIPULATION FOR SETTLEMENT ORDER FOR JUDGMENT AND JUDGMENT AS IT RELATES TO RESPONDENT JOAN R. EGGUM AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MARVEL G. EGGUM Respondents. WHEREAS, the above-entitled action is a condemnation action whereby the Eagan Economic Development Authority (hereinafter "EDA") acquired fee title to the property legally described as follows: That part of the NW 1/4 of the NW 1/4 of Section 2, Township 27, Range 23, described as follows: Commencing at the Northeast Corner of the said NW %4 of the NW '/4; thence South 696 feet to the center of Blue Gentian Road (so called); thence South 68 degrees 30 minutes West along the center of said road 165 feet to the place of beginning; thence Southwesterly along the center of said Road 336 feet; thence North parallel to the East line of said NW %4 of the NW °/4 326 feet; thence North 68 degrees 30 minutes East 336 feet; thence South parallel to the East line of said NW %4 of NW 1/4 Three Hundred Twenty six feet to the point of beginning, Dakota County, Minnesota. Subject to easements, highway conveyances of record and any rights or interests in said property claimed by the State of Minnesota pursuant to a condemnation proceeding (State of Minnesota vs. Smisek, et al). /J Page 2/STIPULATION FOR SETTLEMENT, ORDER FOR JUDGMENT AND JUDGMENT AS IT RELATES TO RESPONDENT JOAN R. EGGUM AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MARVEL G. EGGUM (identified as Parcel "4" on the EDA's condemnation Petition) (hereinafter the "Property") that is owned by Respondent Joan R. Eggum, as Personal Representative of the Estate of Marvel G. Eggum (hereinafter "Eggum"); and WHEREAS, the EDA and Eggum have reached a settlement as to the amount of just compensation to be paid by the EDA to Eggum for the acquisition of fee title to the Property. NOW, WHEREFORE, in consideration of the mutual promises herein set forth, the EDA and Eggum, by and through their attorneys, expressly agree to the following: 1. SETTLEMENT OF ACTION. The EDA and Eggum stipulate that the above-entitled matter has been fully-compromised and settled as to the Property owned by Eggum. 2. PAYMENT BY THE EDA. The EDA shall pay to Eggum total compensation of $985,000.00 as and for any and all damages arising out of or relating to this action. Payment shall be made as follows: $840,000.00 - which has been previously paid by the EDA to Eggum $145,000.00 - to be paid by the EDA within 30 days after final approval 3. FINAL CERTIFICATE/DiSCHARGE OF Lis PENDENS. The City will file its Final Certificate and release the property from any Lis Pendens. Dated , 2008. SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. By: Robert B. Bauer, #227365 Jessica L. Sanborn, #339532 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 (952) 432-3136 Attorneys for Petitioner, Eagan Economic Development Authority Page 3/STIPULATION FOR SETTLEMENT, ORDER FOR JUDGMENT AND JUDGMENT AS IT RELATES TO RESPONDENT JOAN R. EGGUM AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MARVEL G. EGGUM BERNICK AND LIFSON, P.A. Dated 7 - 2 2008. r'- -/ By: Marvin A. Liszt, I.D. # 0063848 5500 Wayzata Boulevard, #1200 Minneapolis, MN 55416 (763) 546-1200 Attorneys for Respondent, Joan R. Eggum, as Personal Representative of the Estate of Marvel G. Eggum IN Page 4/STIPULATION FOR SETTLEMENT, ORDER FOR JUDGMENT AND JUDGMENT AS IT RELATES TO RESPONDENT JOAN R. EGGUM AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MARVEL G. EGGUM ORDER Based on the afore-mentioned Stipulation, it is hereby Ordered that: 1. The above-referenced action is hereby settled as to the Property owned by Respondent, Joan R. Eggum, as Personal Representative of the Estate of Marvel G. Eggum, without an award of costs and disbursements to any party. 2. The City of Eagan is the fee owner of the property legally described as follows: That part of the NW %4 of the NW '/4 of Section 2, Township 27, Range 23, described as follows: Commencing at the Northeast Corner of the said NW '/4 of the NW '/4; thence South 696 feet to the center of Blue Gentian Road (so called); thence South 68 degrees 30 minutes West along the center of said road 165 feet to the place of beginning; thence Southwesterly along the center of said Road 336 feet; thence North parallel to the East line of said NW %4 of the NW 1/4326 feet; thence North 68 degrees 30 minutes East 336 feet; thence South parallel to the East line of said NW '/4 of NW '/4 Three Hundred Twenty six feet to the point of beginning, Dakota County, Minnesota. Subject to easements, highway conveyances of record and any rights or interests in said property claimed by the State of Minnesota pursuant to a condemnation proceeding (State of Minnesota vs. Smisek, et al). (identified as Parcel "4" on the EDA's condemnation Petition). 3. The EDA shall pay to Eggum the amount set forth in paragraph 2 above and at the time and according to the terms as set forth in paragraph 2 above. 4. The EDA shall file its Final Certificate relating to the Property, and release the Property from any Lis Pendens. Dated: . 2008. Judge of District Court 115 Agenda Memo Eagan Economic Development Authority Meeting August 4, 2008 2. CONSIDER APPROVAL SETTLEMENT FOR PURCHASE OF NULL PROPERTY ACTION TO BE CONSIDERED: To approve Stipulation of Settlement for the purchase of the former Null property in the Cedar Grove Redevelopment District and authorize the EDA officers and City Attorney to execute the Stipulation and any related documents. FACTS • As part of its efforts to acquire and assemble property for the development of the Cedar Grove Redevelopment District, the City, through the EDA, approved the acquisition of certain properties in the District by eminent domain. • Jim and Carol Null, the owners of property at 3998 Sibley Memorial Highway, were among those who did not object to the action at the time of its commencement. Judge Mayer issued an order to grant title to those properties to the EDA and to appoint a condemnation panel to determine the value of those properties. The parties may negotiate a price and consider a settlement at any time during the process. • Hearings to resolve the difference between the appraisals of the City and those of the property owners have commenced. In the meantime, the City has also engaged in negotiations with the owners' attorneys for possible settlement. • The City Attorney has reached a tentative settlement with the Nulls to purchase the property for $335,000 or $45,000 more than the City's updated appraisal of $290,000. The seller's appraisal is $415,000. • The owners are out of state and they have forwarded the signed stipulation to their attorney for submittal to the City. The City Attorney has confirmed that the matter is in order for consideration. • Because this matter is in pending litigation, should the EDA desire to discuss the terms of the Stipulation of Settlement before taking action on the item, the Authority should recess to a closed session. At such time as the EDA determines the information presented to be in order, the action above is in order. ATTACHMENTS: • Location map on page • Stipulation of Settlement to be available upon request. ll9 Cedar Grove Redevelopment Area 3998 Sibley Memorial Hwy Former Null Property 1 l`i My of Eagn 0 325 650 1,300 Feet Agenda Memo Eagan Economic Development Authority Meeting August 4, 2008 3. CONSIDER APPROVAL SETTLEMENT FOR PURCHASE OF SCHENDEL PROPERTY ACTION TO BE CONSIDERED: To approve Stipulation of Settlement for the purchase of the former Schendel properties in the Cedar Grove Redevelopment District and authorize the EDA officers and City Attorney to execute the Stipulation and any related documents. FACTS • As part of its efforts to acquire and assemble property for the development of the Cedar Grove Redevelopment District, the City, through the EDA, approved the acquisition of certain properties in the District by eminent domain. • Jeffrey and Sarah, the owners of properties at 3995 and 4015 Cedarvale Drive, were among those who did not object to the action at the time of its commencement. Judge Mayer issued an order to grant title to those properties to the EDA and to appoint a condemnation panel to determine the value of those properties. The parties may negotiate a price and consider a settlement at any time during the process. • Hearings to resolve the difference between the appraisals of the City and those of the property owners have commenced. In the meantime, the City has also engaged in negotiations with the owners' attorneys for possible settlement. • The City Attorney has reached a tentative settlement with the Schendels to purchase the two properties for a combined total of $918,500. The City's updated appraisals totaled $721,000. The difference consists of a settlement of value of $182,500, plus reestablishment and search costs of $12,500 and one-time relocation payments of $20,000 for each business. The sellers' appraisals totaled $1,075,000. • Because this matter is in pending litigation, should the EDA desire to discuss the terms of the Stipulation of Settlement before taking action on the item, the Authority should recess to a closed session. At such time as the EDA determines the information presented to be in order, the action above is in order. ATTACHMENTS: • Location map on page I 1 1 • Stipulation of Settlement on pages !c-k) through LQLJ . Ile * City of Eaju Cedar Grove Redevelopment Area 0 325 650 1,300 Feet 3995 and 4015 Cedarvale Drive Schendel Properties IIR STATE OF MINNESOTA COUNTY OF DAKOTA DISTRICT COURT FIRST JUDICIAL DISTRICT Case Type: 2--Condemnation Eagan Economic Development Authority, a Minnesota municipal corporation, Case No.: CX-07-30126 Petitioner, V. Minnesota's Credit Union, a Minnesota corporation; et al., Respondents. STIPULATION FOR SETTLEMENT ORDER FOR JUDGMENT AND JUDGMENT AS IT RELATES TO RESPONDENTS JEFFREY D. SCHENDEL AND SARAH J. SCHENDEL WHEREAS, the above-entitled action is a condemnation action whereby the Eagan Economic Development Authority (hereinafter "EDA") acquired fee title to the properties legally described as: That part of the NE '/4 of Section 19, Township 27, Range 23, Dakota County, Minnesota, described as follows: Commencing at the Southwest corner of said NE '/4; thence North, assumed bearing, along the west line of said NE 1/4a distance of 198.82 feet; thence East 33 feet to the easterly right of way line of Cedar Avenue; thence N. 47 degrees 00 minutes E. a distance of 143.0 feet to the actual point of beginning; thence continue N. 47 degrees 00 minutes E. a distance of 127.0 feet; thence N. 18 degrees 13 minutes E. a distance of 159.4 feet; thence S. 40 degrees 55 minutes East a distance of 75.0 feet; thence South 49 degrees 05 minutes West a distance of 20.0 feet; thence S. 40 degrees 55 minutes E. a distance of 140.35 feet; thence S. 56 degrees 41 minutes W. a distance of 30.02 feet; thence S. 79 degrees 22 minutes 20 seconds W. a distance of 247.81 feet to the point of beginning. AND That part of the NE 1/4 of Section 19, Township 27, Range 23, described as follows: Commencing at the SW corner of said NE 1/4; thence North along the West line of said NE V. a distance of 198.82 feet; thence East 33 feet to the easterly right of way line of Cedar Avenue; thence North 47 degrees East a distance of 270 feet; thence North 18 degrees 13 minutes East a distance of 159.4 laO Page 2/STIPULATION FOR SETTLEMENT, ORDER FOR JUDGMENT AND JUDGMENT AS IT RELATES TO RESPONDENTS JEFFREY D. SCHENDEL AND SARAH J. SCHENDEL feet; thence North 40 degrees 55 minutes West a distance of 75.0 feet to a point on a line parallel with and 60 feet southeasterly of the southeasterly right of way line of State Highway No. 13; thence North 49 degrees 05 minutes East parallel with said Southeasterly right of way line 358.8 feet; thence south 40 degrees 55 minutes East a distance of 112.0 feet to the actual point of beginning; thence South 49 degrees 05 minutes West parallel with said southeasterly right of way line 158.8 feet thence South 40 degrees 55 minutes East a distance of 78.0 feet; thence North 49 degrees 05 minutes East parallel with said southeasterly right of way line 158.8 feet; thence North 40 degrees 55 minutes West a distance of 78.0 feet to the point of beginning. (identified as Parcel "12" on the EDA's condemnation Petition) (hereinafter the "Property") that is owned by Respondents Jeffrey D. Schendel and Sarah J. Schendel (hereinafter the "Schendels"); and WHEREAS, the EDA and the Schendels have reached a settlement as to the amount of just compensation to be paid by the EDA to the Schendels for the acquisition of fee title to the Property as well as the amount of relocation benefits to be paid by the EDA, to the Schendels for any and all relocation benefits that it is entitled to. NOW, WHEREFORE, in consideration of the mutual promises herein set forth, the EDA and the Schendels, by and through their attorneys, expressly agree to the following: SETTLEMENT OF ACTION. The EDA and the Schendels stipulate that the above- entitled matter has been fully-compromised and settled as to the Property owned by the Schendels. 2. PAYMENT BY THE EDA. The EDA shall pay to the Schendels total compensation of $918,500.00 and for any and all damages arising out of or relating to this action, including, but not limited to: just compensation for the taking of the Property; relocation expenses (which include business reestablishment subject to a maximum payment of $10,000.00; search expenses subject to a maximum payment of $2,500.00; and moving expenses based on a move estimate. In this instance, the Schendels will cease business operations and they elect two one-time payments of $20,000.00 payment in lieu of actual relocation claim). Payment shall be made as follows: $710,750.00 - which has been previously paid by the EDA to the Schendels Page 3/STIPULATION FOR SETTLEMENT, ORDER FOR JUDGMENT AND JUDGMENT AS IT RELATES TO RESPONDENTS JEFFREY D. SCHENDEL AND SARAH J. SCHENDEL $207,750.00 - to be paid by the EDA within 30 days after final approval 3. OCCUPATION OF THE PROPERTY. The Schendels may continue to occupy the Property until March 31, 2009 in accordance with the terms of an Occupancy Agreement dated February 26, 2008. 4. CONSULTATION wITH AN ATTORNEY. The Schendels represent that they have been represented by legal counsel throughout these proceedings and fully understand that this is a full and complete settlement of any claims arising out of or relating to the action and further understand and. represent that they will cease business operations and that they are electing two one-time payments of $20,000 as payments in lieu of actual relocation claims and that this payment is included as part of the settlement of this action. 5. FINAL CERTIFICATE/DISCHARGE OF Lis PENDENS. The EDA will file its Final Certificate and release the property from any Lis Pendens. Dated , 2008. SEVERSON, SHELDON, DOUG14ERTY & MOLENDA, P.A. By: Robert B. Bauer, #227365 Jessica L. Sanborn, #339532 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 (952) 432-3136 Attorneys for Petitioner, Eagan Economic Development Authority Dated IJ4 2008 ?-KO A2,. f) By: Leland J. Fra, #0031562 220 South Sixth Street, Suite 2000 Minneapolis, MN 55402 Attorneys for Respondents, Jeffrey D. Schendel and Sarah J. Schendel A a Page 4/STIPULATION FOR SETTLEMENT, ORDER FOR JUDGMENT AND JUDGMENT AS IT RELATES TO RESPONDENTS JEFFREY D. SCHENDEL AND SARAH J. SCHRNTWJ. Dated Y' .23 , 2008. Dated 2008 Dated y -23 2008. Dated 2008. d/b/a Colonial Carwash and -,/? ? ., j," - Sarah J. Schend l d/b/a Colonial Carwash and Sarah's Laundry ,A-? ?,- J'" - Sarah J. Schende Page 5/STIPULATION FOR SETTLEMENT, ORDER FOR JUDGMENT AND JUDGMENT AS IT RELATES TO RESPONDENTS JEFFREY D. SCHENDEL AND SARAH J. SCHENDEL ORDER Based on the afore-mentioned Stipulation, it is hereby Ordered that: The above-referenced action is hereby settled as to the Property owned by Respondents, Jeffrey D. Schendel and Sarah J. Schendel, without an award of costs and disbursements to any party. 2. The City of Eagan is the fee owner of the property legally described as follows: That part of the NE 1/4 of Section 19, Township 27, Range 23, Dakota County, Minnesota, described as follows: Commencing at the Southwest corner of said NE 1/4; thence North, assumed bearing, along the west line of said NE 1/4a distance of 198.82 feet; thence East 33 feet to the easterly right of way line of Cedar Avenue; thence N. 47 degrees 00 minutes E. a distance of 143.0 feet to the actual point of beginning; thence continue N. 47 degrees 00 minutes E. a distance of 127.0 feet; thence N. 18 degrees 13 minutes E. a distance of 159.4 feet; thence S. 40 degrees 55 minutes East a distance of 75.0 feet; thence South 49 degrees 05 minutes West a distance of 20.0 feet; thence S. 40 degrees 55 minutes E. a distance of 140.35 feet; thence S. 56 degrees 41 minutes W. a distance of 30.02 feet; thence S. 79 degrees 22 minutes 20 seconds W. a distance of 247.81 feet to the point of beginning. AND That part of the NE %4 of Section 19, Township 27, Range 23, described as follows: Commencing at the SW corner of said NE 1/4; thence North along the West line of said NE 1/4 a distance of 198.82 feet; thence East 33 feet to the easterly right of way line of Cedar Avenue; thence North 47 degrees East a distance of 270 feet; thence North 18 degrees 13 minutes East a distance of 159.4 feet; thence North 40 degrees 55 rlinutes West a distance of 75.0 feet to a point on a line parallel with and 60 feet southeasterly of the southeasterly right of way line of State Highway No. 13; thence North 49 degrees 05 minutes East parallel with said Southeasterly right of way line 358.8 feet; thence south 40 degrees 55 minutes East a distance of 112.0 feet to the actual point of beginning; thence South 49 degrees 05 minutes West parallel with said southeasterly right of way line 158.8 feet thence South 40 degrees 55 minutes East a distance of 78.0 feet; thence North 49 degrees 05 minutes East parallel with said southeasterly right of way line 158.8 feet; thence North 40 degrees 55 minutes West a distance of 78.0 feet to the point of beginning. (identified as Parcel "12" on the EDA's condemnation Petition). J'q Page 6/STIPULATION FOR SETTLEMENT, ORDER FOR JUDGMENT AND JUDGMENT AS IT RELATES TO RESPONDENTS JEFFREY D. SCHENDEL AND SARAH J. SCHENDEL 3. The EDA shall pay to the Schendels the amount set forth in paragraph 2 above and at the time and according to the terms as set forth in paragraph 2 above. 4. The Schendels are permitted to occupy the Property until March 31, 2009 in accordance with the terms of the Occupancy Agreement. 5. The EDA shall file its Final Certificate relating to the Property, and release the Property from any Lis Pendens. Dated: 2008. Judge of District Court /o-6- Agenda Information Memo Eagan Economic Development Authority Meeting August 4, 2008 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting. /a0