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11/06/2008 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING ` NOVEMBER 6, 2008 1. ROLL CALL AND PLEDGE OF ALLEGIANCE i ll. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS A. Recognition of Councilmember Shawn Hunter for his interim service on the City Council IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE MINUTES 40-I6 B. PERSONNEL ITEMS -P 1) C. APPROVE Check Registers p )a D. APPROVE Lawful Gambling License renewal for the Mendota Heights Athletic Association to conduct a pull-tab operation and bar bingo at Valley Lounge, 3385 Sibley Memorial Highway ei~ E. APPROVE Adoption of the Dakota County All-Hazards Mitigation Plan ?I(p F. ACCEPT Community Tile Mosaic Project to be displayed on a rotating basis in a park or other public space 1 66G. APPROVE plans and specifications, and authorize the advertisement for bid for lighting at Northview Athletic Fields. p,aI,eH. APPROVE Final Planned Development for CDA Youth Housing ~g I. APPROVE extension of recording Final Plat for Coca Cola Bottling Company Addition ,p,30 J. RECEIVE Final Assessment Roll and order public hearing for Project 953 (Cedar Grove 15112"d - Street Overlay and Utility Improvements) P,3( K. RECEIVE Draft Feasibility Report for Project 972, Lone Oak/ Waters Street Improvements & Schedule Public Hearing for December 1, 2008 L. RECEIVE Draft Feasibility Report for Project No. 974, Washington Dr./ 818' Street/ Federal Dr Street Improvements & Schedule Public Hearing for December 1, 2008 M. RECEIVE Draft Feasibility Report for Project 1001 Opperman Drive Street Improvements & Schedule Public Hearing for December 1, 2008 P N. RECEIVE Draft Feasibility Report for Project 1003 Blue Gentian Road Street Improvements & Schedule Public Hearing for December 1, 2008 P3,5' O. APPROVE Change Order No. 4 for Contract 07-04 (Boulder Lakes Street & Utility Improvements) p3ip P. APPROVE Final Payment and Authorize City Maintenance of-Contract 08-10 (Patrick Eagan Park - Parking and Storm Drainage Improvements) p ?_7 Q. SCHEDULE Public Hearing for Amended Right-of-Way Vacation (Legal Description - Blue Gentian Road) 4❑ R. ACKNOWLEDGE Completion & Authorize City Maintenance of Project 06-R (Madelyn Woods) p. 41 S. ACKNOWLEDGE Completion & Authorize City Maintenance of Project 07-L (Manley Commons) layaT. DIRECT Preparation of an Ordinance Amendment regarding noise attenuation construction requirements U. APPROVE Final Payment and Authorize City Maintenance of Contract 07-05 (South Water Treatment Plant- Roof Replacement) V. APPROVE Snow & Ice Control Maintenance Contract for 2007-2008 V. PUBLIC HEARINGS P, L/-6 A. CERTIFICATION of Delinquent False Alarm Bills ]p 4/'R B. CERTIFICATION of Delinquent Weed Cutting Bills e 5bC. CERTIFICATION of Delinquent Utility Bills P D. FEE SCHEDULE CHANGE Addition to 2008 Fee Schedule in regard to Body Art Establishment License and Body Art Technician license fees E. PROJECT No. 955, Safari Estates Street Overlay, Final Assessment Hearing A ~ F. PROJECT No. 958, Towerview Road Street Overlay, Final Assessment Hearing G. PROJECT No. 960, Brittany 8"' - 101h Additions Street Overlay, Final Assessment Hearing H. PROJECT No. 961, Bur Oak Hills Street Overlay, Final Assessment Hearing f jt~p I. PROJECT No. 965, Elrene Road Street Overlay, Final Assessment Hearing (g1. PROJECT No. 968, Lexington Pointe Parkway 1 Daniel Drive Street Overlay, Final Assessment Hearing VI. BOARD OF ADJUSTMENTS AND APPEALS IA(p A. AMENDMENT" of Covenants for Hawthorne Ridge Retail Center regarding full service restaurant VII. OLD BUSINESS Vlll. NEW BUSINESS e 130 A. ORDINANCE AMENDMENT - Chapter 5 - regarding liquor license restrictions and regulations 10, 133 B. LIQUOR LICENSE - Off-Sale 3.2 Percent Malt Liquor (beer) License for Eagan 2408 LLC, dba Cub Foods located at 1424 Diffley Road ? t C. Item removed D. ORDINANCE AMENDMENT - Chapter 14, Section 10.11 regarding potentially dangerous and dangerous dog regulations #3~ E. ORDINANCE AMENDMENT - Chapter 10, regarding authorization for the City to remove trash & refuse from private property 14.;F. COMPREHENSIVE GUIDE PLAN AMENDMENT - Positive Companies, Inc. A Comprehensive Guide Plan Amendment to change the Land Use from (MD) Medium Density to (RC) Retail Commercial and (HD) High Density located at 4232 Black Hawk Road, corner of Blackhawk and Diffley in the NE'/ of Section 29 G. INTERIM USE PERMIT Larry Wittwer- An Interim Use Permit to allow outdoor storage of commercial vehicles located at 4785 Eriks Boulevard on Lot 9, Block 1, Twin View Manor in the NE % of Section 33. H. PRELIMINARY SUBDIVISION - Norton Heights - A Preliminary Subdivision of 1.4 acres to create 2 lots located at 1505 Lone Oak Road on the west half lot of 15, Zehnder Acres in the SW % of Section 04. 1. LICENSE REVOCATION - Consider revocation of Massage Therapy Establishment License for New Star Massage, 3906 Cedar Grove Parkway; and revocation of Massage Therapist License for Su€ang Wang. 19 c[ J. APPROVE City Code Amendment regarding water shut offs in certain circumstances IX. LEGISLATIVE I INTERGOVERNMENTAL AFFAIRS UPDATE X. ECONOMIC DEVELOPMENT AUTHORITY a0 1? A. Call to Order B. Adopt Agenda C. Consent Agenda 1. APPROVE EDA Minutes 2. APPROVE Property Demolition Service Agreement with Dakota County CDA for Cedar Grove Redevelopment District 3. APPROVE Resolution to submit MIF Application for Biothera Expansion D. Old Business E. New Business 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Stipulation of Settlement for Superior Collision Property at 3985 Cedarview Drive 2. CEDAR GROVE REDEVELOPMENT DISTRICT - Stipulation of Settlement for Larry Haugen Property at 3910 Cedarvale Drive F. Other Business G. Adjournment XI. ADMINISTRATIVE AGENDA a~~XIL CANVAS BALLOTS - November 4, 2008 Municipal Elections XIII. VISITORS TO BE HEARD (for those persons not on agenda) XIV. CLOSED SESSION XV. ADJOURNMENT I I City of ETO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 31, 2408 SUBJECT: AGENDA INFORMATION FOR NOVEMBER b, 2008 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the November 5, 2008 City Council agenda, the following items are in order for consideration. I II Agenda Information Memo November f, 2008 Eagan City Council Meeting III. RECOGNITIONS AND PRESENTATIONS A. RECOGNITION OF COUNCILMEMBER SHAWN HUNTER FOR HIS INTERIM SERVICE ON THE CITY COUNCIL ACTION TO BE CONSIDERED: There is no formal action to consider. The recognition is to honor Councihnember Hunter for his service on the Eagan City Council. FACTS: v After the resignation of Councilmember Peggy Carlson on July 1, 2008, the City Council received ten applications from residents wishing to serve on the Eagan City Council for an interim basis. I ■ After an extcnsive interview process, the City Council voted to appoint Shawn Hunter to the City Council until such time as the newly elected person tools office in November, following the election, Mr, Hunter has served on the Council for the past four months (July 15-November 6). I I I Agenda Information Memo November G, 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 ftulher 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 NUNLTTES ACTION TO BE CONSIDERED: To approve the minutes of the October 21, 2008 regular City Council meeting as presented or modified. ATTACHMENTS: I Minutes f the October 21, 2008 regular City Council meeting are enclosed on pages through. I I ~I I I I MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 21, 2008 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Tilley and Hunter. Councilmember Bakken was absent. Keith Caldwell was present to discuss the noise ordinance, requesting additional measures be added to reduce the risk of disturbing noise from another event such as the recent Faithful Shepherd Septemberfest. A regular meeting of theEagan City Council was held on Tuesday, October 21, 2008 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Tilley and Hunter. Councilmember Bakken was absent. Also present were City Administrator Tom I-ledges, Community Development Director John Hohenstein, City Planner Mike Ridley, City Engineer Russ Matthys, City Attorney Mike Dougherty, and Administrative Secretary 1 Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that an item will be added under Recognitions and Presentations, and an item added under the Administrative Agenda. Councilmember Tilley moved, Councilmember Hunter seconded a motion to approve the agenda as amended. Aye: 4 Nay: 0 RECOGNITIONS AND PRESENTATIONS Mayor Maguire discussed the "Operation Boss Lift' event that the City Council, the City Administrator and Assistant to the City Administrator participated in, CONSENT AGENDA It was noted that item F would be continued to November 6. Councilmember Tilley moved, Councilmember Hunter seconded a motion to approve the Consent Agenda as amended. Aye:4 Nay.0 A. It was recommended to approve the minutes of the October 7, 2008 regular City Council meeting as presented. B. Personnel Items 1. It was recommended to accept the letter of resignation from John Rogers, Cringe Analyst in the Police Department. C. It was recommended to ratify the check registers dated October 9, 2008, and October 16, 2008. D. It was recommended to adopt the Red Flags Rule Identity Theft Prevention Program. E. It was recommended to direct staff to prepare an ordinance amendment to Chapter 10, Section 10.11 regarding potentially dangerous and dangerous dog regulations, . F. Continued to November 6. Off sale 3.2 percent malt liquor (beer) license for Eagan 2008 LLC, dba Cub foods #31794. G. It was recommended to declare bicycles to be surplus property. H. It was recormmnded to approve a License to Sell Tobacco Products to Cub Foods- Eagan East 931794, 1020 Diffley Road. I, It was recommended to approve a Massage Therapy Establishment License for Jennifer Myers (The Bodywork Studio) at 3352 Sherman Court. J. It was recommended to approve the submission of the 2009 Funding Application from Dakota County to operate a Recycling Program for the Cities of Apple Valley, Eagan and Burnsville. K. It was recommended to adopt a resolution authorizing the submittal of request to extend the submittal deadline for the 2008 Comprehensive Plan Update. City Council Minutes October 21, 2008 DRAFT Page 2 L. It was recommended to approve a Final Plat (River Hills Substation) to create one lot on approximately 1 acre located in the SW'/a of Section 2. M. Item Removed. N. It was recommended to direct the preparation of a City Code Amendment to permit water shut offs in certain circumstances. 0. It was recommended to receive the Final Assessment Roll for Project 963 (Nicols Road /Nancy Circle - Street Improvements) and schedule a public hearing to be held on November 18, 2048. P. It was recommended to receive the Final Assessment Roll for Project 967 (Wescott Road - Street Improvements) and schedule a public hearing to be held on November 18, 2008. Q. It was recommended to -delegate the authority to appoint the Commissioner and Alternate for Group AA of the Blackdog WMO to the City of Apple Valley and affirm the applications of Mary Hamann- Roland as Commissioner and Steven David as the Alternate; and Appoint Douglas Rneich as the Alternate to the Gun Club WMO. R. It was recommended to approve Dakota County's draft 5-yeas Transportation Capital Improvement Program for 2009-2013. S. It was recommended to approve Change Order No. 1 for Contract 08-08 (2008 Citywide Trail Improvements) and authorize the Mayor and City Clerk to execute all related documents. T. It was recommended to approve an extension of the daily site construction work hours for Bolander & Sons, Inc, under the U.S. Postal Service Bulk Mail Facility Expansion grading/excavation permit, to begin at 6:00 a.m. CDT/CST. U. It was iecvmmended to accept a donation of $300 and 1,000 plastic hags from ICowalski's Market for the 2008 Halloween Hodgepodge event. V. It was recommended to approve the 2010/2011 fee schedule for the Eagan Community Center as presented. W. It was recommended to authorize staff to advertise for Request for Proposals for the exclusive foodlbeverag0liquor catering service within the Eagan Community Center and other defined city facilities to accommodate meetings and events. X. It was recommended to approve Change Order No. 2 for Contract 08-06 (Northwood Parkway -1-35E Overpass) for the Northwood Parkway bridge over 1-35E and authorize the Mayor and City Clerk to execute all related documents. PUBLIC HEARINGS PROJECT 957, BLACKHAWK OAKS (RIVERTON AVE.) STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll For Project 957, Blackhawk Oaks 1 Riverton Avenue - street overlay improvements. Assistant City Engineer Gorder gave a staff report. Mayor Maguire opened the public hearing. 'T'here being no public comment, he closed the hearing and turned discussion back to the Council. Counc%ember Fields moved, Counciimember 'nicy seconded a motion to approve the Final Assessment Roll for Project 957 (Blackhawk Oaks 1 Riverton Avenue - Street Overlay Improvements) and authorize its certification to Dakota County for collection, Aye: 4 Nay: 0 PROJECT 959, EDEN ADDITION STREET OVERLAY IMPROVEMENTS, FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 957, Blackhawk Oaks 1 Riverton Avenue - Street overlay improvements. Assistant City Engineer Gorder gave a staff report. Is- City Council Minutes October 21, 2008 Page 3 Mayor Maguire opened the public hearing. Ilassan Warsame, 4461 Clover Lane questioned why he was expected to pay an assessment plus an association fee and real estate taxes. Mayor Maguire and staff explained the differences of each fee. There being no further comment, Mayor Maguire closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 959 (Eden Addition - Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye:4 Nay:0 PROTECT 456, BRIAR HILL IIT 12's" 14' 1 ADDITIONS STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment hearing for Project 455, Briar Hill I5i1 2'4/ 0 Additions street overlay improvements. Assistant City Engineer Gorder gave a staff report. Mayor Maguire opened the public heating. Janice Kendleman rioted that she would like to appeal her assessment, and discussed some curb repair (uneven pavement that scrapes the underside of her vehicle) that she had inquired about two years ago. She noted that the problem had not been addressed at that tune and stilt was not solved after the street improvement was completed. Assistant City Engineer Gorder discussed the issue regarding that specific curb, stating that the Engineering Departinent was not aware of the specific concern prior to the improvement project; however, the issue is caused by the slope of the private drive as it meets the curb. City Attorney Dougherty discussed the appeal process and Council's options. CUlnlcllnrember Hunter stated he felt Ms. Kendleman should be removed from the assessment roll since she had contacted City two years ago regarding the problem. Mayor Maguire stated that he believed Ms. Kendleman did receive the benefit of the public improvement and that issue with the slope of the drive was a separate matter that should be addressed with the Home Owners Association. Council held a discussion. Staff was directed to contact the Briar Hill Association to discuss the possibility of a joint effort to correct the curb issue. 't'here being no further public comment Mayor Maguire closed the hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Final Assessment Roll for Project 956 (Briar Hill 1S'/ 2n' / 4th Additions - Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 3 Nay: 1 (Hunter opposed) PROTECT 954, GLORY DRIVE / CEDAR RIDGE CIRCLE STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment hearing for Project 954, Glory Drive Cedar Ridge Circle street overlay improvements. Assistant City Engineer Gorder 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. L[J City Council Minutes October 21, 2048 Page 4 Councihnember Fields moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roil for Project 954 (Glory Drive 1 Cedar Ridge Circle - Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 PROJECT 962, CLIFF DRIVE STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment bearing for Project 962, Cliff Drive street overlay improvements. Assistant City Engineer Gordcr gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, lie closed the heaving and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Hunter seconded a motion to approve the Final Assessment Roll for Project 962 (C1iffDrive - Street Overlay improvements} and authorize its certification to Dakota County for collections. Aye: 4 Nay: 0 PROJECT 966, FEDERAL DRIVE STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the Final Assessment Roll for Project 966, Federal Drive s street overlay improvements. Assistant City Engineer Gorder gave a staff rep oil. Mayor Maguire opened the public hearing. There being no public comment, lie closed the hearing and turned discussion back to the Council. Councilmember Hunter moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 966 (Federal Drive - Street Overlay improvements) and authorize its certification to Dakota County for collection. Aye:4 Nay: 0 OLD BUSINESS There were no Old Business items. 1 3 NEW BUSINESS PRELIMINARY AND FINAL SUBDIVISION - EAGAN PLACE 4rn i MSP COMMERCIAL City Administrator Hedges introduced this item regarding a preliminary and final subdivision to create two lots upon approximately 3.39 acres located at 1215 Town Centre Drive. City Planner Ridley gave a staff report. Councilmeinber Hunter moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision (Eagan Place 4"' Addition) to create two lots upon approximately 3.39 acres located at 1215 Town Centre Drive, legally described as Lot 1, Block 1, Eagan Place 3`r Addition, in the NE'/4 of Section 15, subject to the following I 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: At, B 1, B4 2. The property shall be platted. 3. Prior to issuance of a certificate of occupancy for the building under constriction, the applicant shall provide evidence acceptable to the City Attorney that the private parking casement has terminated. City Council Minutes October 21, 2048 Page 5 Councilmember Hunter moved, Councilmember Tilley seconded a motion to approve a Final Subdivision (Eagan Place 4`r` Addition) to create two lots upon approximately 3.39 acres located at 1215 Town Centre Drive, legally described as Lot 1, Block 1, Eagan Place P Addition, in the NE Ya of Section 15. Aye: 4 Nay: 0 ORDINANCE AMENDMENT - CHAPTER 6 CITY OF EAGAN City Administrator Hedges introduced this item regarding an Ordinance Amendment to Chapter 6 regarding a licensing procedure for body art establishments. City Planner Ridley gave a staff report. Discussion was held regarding compliance measures to be taken pertaining to minors. Councilmember Tilley moved, Councilmember Hunter seconded a motion to approve an Ordinance Amendment to Chapter 6 specifically to create a licensing procedure for Body Art establishments and direct the City Attorney to package the amendment for publication in the legal newspaper. Aye: 4 Nay: 0 POST-CONSTRUCTION STORM WATER MANAGEMENT ORDINANCE AMENDMENT City Administrator Hedges introduced this item regarding an ordinance amendment to the City Code, Chapter 4.33 regarding post-construction storm water management regulations. Assistant City Engineer Gordo gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to adopt the Post-Construction Storm Water Management regulations into City Code as Section 4.33. Aye: 4 Nay: 0 LEGISLATIVE 1 INTERGOVERNMENTAL AFFAIRS UPDATE CORRESPONDENCE TO FEDERAL AVIATION ADMINISTRATION AIR TRAFFIC CONTROL TOWER REGARDING USAGE OF RUNWAY 1.7135 AT MSP AIRPORT City Administrator Iledges and Assistant to the City Administrator Miller discussed a recommendation of the Eagan Airport Relations Commission to send correspondence to the FAA regarding recent concerns about the usage of Runway 17135. Councilmember Fields moved, Councilmember Hunter seconded a motion to approve the October 14, 2008 recommendation of the Eagan Airport Relations Commission to send correspondence to the FAA regarding recent concerns about the usage of runway 17135. Aye: 4 Nay: 0 I At 8:30 p.m. the regular City Council meeting was recessed to immediately convene a meeting of the Economic Development Authority. At 8:35 p.m, the regular City Council meeting was reconvened. ADMINISTRATIVE AGENDA City Administrator Hedges discussed the need for additional technical consulting time (to the previously approved 170 hours) for the new E-TV(Eagan Television) operation. i Councilmember Tilley moved, Councilmember Hunter seconded a motion to authorize up to 100 hours of additional technical consulting time, if needed, to complete the design, installation, and equipment acceptance testing of studio and master control equipment for the new E-TV (Eagan Television) operation so the project can be completed within the City's desire time frame. Aye: 4 Nay: 0 City Council Minutes October 21, 2008 Page 6 VISITORS TO BE HEARD Bill Kline ❑f the Inver Grove Heights City Council requested that Council consider removing the physical barrier at the Woodland Preserve subdivision as referenced in the November 15, 2004 Eagan City Council minutes. He noted that only two occupancy permits remained to be issued and the condition that 75% of the lots having certificates of occupancy would be met. Ile further noted that the barrier created a hardship for area Inver Grove Heights residents in accessing the nearby elementary school. Council requested a letter of request from Tnvcr Grove Heights be submitted and staff to place the item on the November b'h agenda for consideration. ADJOURNMENT . I The Council recessed the meeting to immediately convene a closed session to discuss Comcast litigation and. Cedar Grove redevelopment issues. The meeting was adjounied at 9.45 p.m. Date Administrative Secretaay 1 Deputy Clerk ~I 1 Agenda Information Memo November 6, 2008 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Mandatary Direct Deposit Policy- ACTION TO BE CONSIDERED: To adopt a policy requiring all employees (excluding election judges) to receive their pay via direct deposit effective January 1, 2009. BACKGROUND: • In 2004, Minnesota Statutes 471.426 was enacted, stating that "the governing body ©f a municipality ....may require direct deposit for all its employees who are being paid by its payroll system." • Over 90% of existing regular FT/PT staff utilize direct deposit. Approximately 20 regular staff members are still getting checks. Approximately 50 temporary/seasonal staff receive checks. • In a survey conducted by the City a year ago, over two dozen Minnesota municipalities reported successfully implementing mandatory direct deposit. FACTS: ■ Direct deposit will reduce costs and gain efficiencies with staff time: o Reduces risk of check fraud o Makes voiding and reissuing lost/stolen checks unnecessary a Eliminates cast of payroll check stock .o Eliminates process of handling of uncashed checks • Reduces staff time reconciling bank statements to City records o Eliminates staff time required to facilitate delivery of checks APPROACH: • The current 20 regular staff members will be notified of the need to enroll in direct deposit. • Those supervising tcmporarylseasonal staff will assist in delivering the message of requiring direct deposit as a condition of employment. • Temporary/seasonal employees and firefighters will be required to enroll as well. • Election judges will not be required to enroll. • Affected staff are being notified by way of memo enclosed with their October 31 paychecks. i li it it Agenda Information Memo November d, 2008 Eagan City Council Meeting I C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated October 23, 2008 and October 30, 2008 as presented. ATTACHMENTS: • Check registers dated October 23, 2008 and October 30, 2048 are enclosed without page number. I I Agenda Memo November 6, 2048 Regular City Council Meeting CONSENTAGENDA: D. Lawful Gambling License renewal for the Mendota Heights Athletic Association ACTION TO BE CONSIDERED: Adopt Resolution Approving Lawful Gambling License renewal for the Mendota Heights Athletic Association to conduct a pull-tab and bar bingo operation at Valley Lounge, 3385 Sibley Memorial Highway. FACTS: • The Mendota Heights Athletic Association has applied for the renewal of their lawful gambling. license with the Minnesota Gambling Control Board • They have conducted pull tab operations at Valley Lounge since 1997 • All requirements of the application have been met • . Staff' recommends approval the license renewal ATTACHMENTS: • The proposed resolution is attached as page • The application is available for review in the Administration Department II I RESOLUTION CITY OF EAGAN GAMBLING CONTROL BOARD LAWFUL GAMBLING LICENSE RENEWAL FOR MENDOTA HEIGHTS ATHLETIC ASSOCIATION ON VALLEY LOUNGE PREMISES WHEREAS, the Mendota Heights Athletic Association has applied for a gambling control board lawful gambling license renewal for the year 2009-10 for the Valley Lounge, 3385 Sibley Memorial Highway; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and WHEREAS, this is a renewal of an existing premise permit; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Mendota Heights Athletic Association application for lawful gambling renewal for the year 2003 at the Valley Lounge, 3385 Sibley Memorial Highway. Motion by: CITY OF EAGAN CITY COITNCIL Seconded by: By: It's Mayor Those in-Favor: All Those Against: None Attest: It's Clerk Date: November 6, 2408 I CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 61h day of November, 2008. Maria Petersen, City Clerk ~j Consent Agenda Information Memo November 6, 2008 Eagan City Council Meeting CONSENT AGENDA: E. Adoption of the Dakota County All-Hazards Mitigation Plan ACTION TO BE CONSIDERED: To sign the resolution to adopt the Dakota County All-Hazard Mitigation Plan FACTS: ■ In May 2006 the Eagan City Council adopted a resolution to participate in the development of the Dakota County All-Hazards Mitigation Plan. ■ The plan has been completed and adapted by Dakota County. It has also been reviewed by the Federal Emergency Management Administration (FEMA) and the Department of Homeland Security and Emergency Management (HSEM), I • To receive federal reimbursement dollars should a disaster occur, all cities are required to collectively adopt the plan under the Federal Disaster Mitigation Act of 2000 (DMA2000). • A copy of the All-Hazards Mitigation Plan is available upon request or can be located at: http://www.co.dalcola.rnn.us/ • Failure to adopt the All-Hazards Mitigation Plan could result in the loss of federal reimbursement funding. ATTACHMENTS: A copy of the resolution is attached. 109. I'S I f~ RESOLUTION OF THE CITY OF EAGAN ADOPTION OF THE DAKOTA COUNTY ALL-HAZARD MITIGATION PLAN I WHEREAS, the City Qf Eagan has participated in the hazard mitigation planning process as established under the Disaster Mitigation Act of 2000, and WHEREAS, the Act establishes a framework for the development of a multi- jurisdictional County Hazard Mitigation Plan; and WHEREAS, the Act as part of the planning process requires public involvement and local coordination among neighboring local units of government and businesses; and WHEREAS, the Dakota County Plan includes a risk assessment including past hazards, hazards that threaten the County, an estimate of structures at risk, a general description of land uses and development trends; and WHEREAS, the Dakota County Plan includes a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs; and WHEREAS, the Dakota County Plan includes a maintenance or implementation process including plan updates, integration of the plan into other planning documents and how Dakota County will maintain public participation and coordination; and WHEREAS, the Plan has been shared with the Minnesota Division of Homeland Security and Emergency Management and the Federal Emergency Management Agency for review and comment; and WHEREAS, the Dakota County All-Hazard Mitigation Plan will make the county and participating jurisdictions eligible to receive FEMA hazard mitigation assistance grants; and WHEREAS, this is a multi-jurisdictional Plan and cities -that participated in the planning process may choose to also adopt the County Plan. NOW THEREFORE BE IT RESOLVED that the City of Eagan supports the hazard mitigation planning effort and wishes to adopt the Dakota County All-Hazard Mitigation Plan. This Resolution was declared duly passed arid-adopted and was signed by the and attested to by the this day of , 2008. Attest: Proposal to APrC for Public Art August 18, 2008 Community Tile Mosaic Coordinated by Eagan Art house 1. Drawing of mosaic design. Two draft designs are attached for your review. 2. Appraised value of the structure. Estimated $700.00 3. The project will be comprised of approximately 110 cerainic tiles, 4 318" x 4 318". The tiles will be glazed and adhered to a wooden frame with heavy duty adlicsive. The entire mosaic will then be sealed. Eagan city maintenance will build a frame and mounting structure for installation. AS appropriate, some seasonal naturalistic plantings could be added underneath the structure to enhance the appearance and blend it with the surroundings. 4. The dimensions of the mosaic will be approximately 5 ft. wide by 3 ft, high before installation. The project will be installed about 2 feel off the ground giving the total dimensions after installation approximately 5 fl tall and 5 ft wide. 5. The mosaic will be comprised of ceramic tiles, adhesive, gro Lit acid sealer framed in a wooden frame and attached to sign posts for installation. The Community Tile Mosaic, part of a grant received from the MetropoI itan RegionaI Arts Council, is an intergenerational project designed to join together members in the community to share in the creation of a piece of artwork. As the planning of this project proceeded over this summer, we discussed displaying the project in a public park for greater visibility and connection to the community. The mosaic will be created at a workshop at the Lone Oak Room on 5eptcrnbcr I l th. Community members are invited to attend the workshop to create individual tiles for the mosaic. Each individual the will be part of the larger design of the mosaic. Community mernbers can lend their own creativity to their tile, while coordinating with the colors of the overall design. From a distance, the overall design will be quite evident. As viewers move closer to the work, they will be able to see the individual creativity on each single tile. The workshop will be taught by an Eagan Art House instructor. The mosaic will then be put together and completed by Eagan Art House stab' and volunteers. The targeted location for this artwork is in Central Park near the tc ail around the crew savannah forest project. This part of the park was recently highlighted during the Arbor Day celebration and has a new bench in the area. The tile mosaic would highlight this already beautiful area. The design of this project will be natural in style to blend, yet. enhance this park area. Plantings around the structure will add natural beauty as well as protect it from mowers. The artwork will include signage that briefly describes the community cooperation of this project. 17 i I 6. The project and proposed site were chosen because of the inherent natural beaiIty of the location and the public access to the site. The the mosaic, produced by individual community members, echoes the mission and purpose of the Parks & Recreation department to bring people together. The goal of the creation of this piece of artwork is to leave a legacy to the community for future enjoyment and inspiration. 7. The installation of this piece will be designed so that it can be removed during the winter months and displayed indoors. This alternative is to protect the mosaic fron7 freezing water and harsh winter elements. The artwork will be returned to its place in the spring of each year. Eagan Alt House and Maintenance staff will coordinate the transporting of the artwork. Parks & Recreation staff will coordinate indoor placellzent of the artwork. The piece can potentially be on display in various city building locations from year to year. The probable lifespan of this piece of artwork is 20-25 years with routine mailiteliance. Most adhesives will last 20 - 30 years. The wood that the mosaic is mounted on will need to be monitored for warping. Maintenance would include sealing the tiles and wood as needed, replacement of broken tile and repair of grout. Art House sniff and maintenance staff will annually assess any repairs that need to be done. Since the mosaic will be moved indoors for the harsh winter months, the lifespan of the piece will likely be longer than 20 - 25 years. 8. This artwork will be a completely unitlrie piece due to the individual creation of each tile. This does not duplicate other artwork in the city. I ~I I 'I 1y C r '-'~-•L [ 41i - -cry T t Y - N 1 - a ~ r - _ _ -y y 4-V~V'-~- M1:r '11 a mac. - ! `-a - i 'L rl , V_ J] _ ti C H~ - C L 'Y,. ~ tom` -i 4 a- W W y~ } _ - _L r . .s~',,,.,r y` L i-- -fir r u+. - y «1 M v r } 1 -7 c -7r r A f t. alt ~ - ! fi" - 7 s °L - & t` 1 i 1 g f y x Nom' ~ E 7 I - `a } . Y _ y~ ] f i. - _ a1 f! q ' ,E JLV w - ~ x ar` ~ - { _ 4 1 , y t , tea` A 7 h 1- I, yy a _ [ 1+ L !.Y q 1 l u' ! L L 41 i- -`yLH Y L T F { i g t r r ,I .yam i 7. ~.j~. , , + _ - :-ter'- r z _ t' ~ar ' r - r . # `i I _ z' F , sue: ,ii ~ ~ '~L`i- . J * i x i sn J t i - aw ~C F _ -~~L, 4 T ~cti x IL N I - ".F Z ,r r v. w r fi t ~ + - _ _ - -c" ~ v. x a r ~ 9 ~ , "L ~ , ~ L 01, - r cz rr r a f" + JS .yam' 1-41 . F - - - qtr-., S _ ' ~r.~ 3 _ ~u x - .'rte - - If Y -41, - . I i Jl C a X, ] 3 •T-4V.LL - Lu o Agenda Information Memo November 6, 2048 Eagan City Council Meeting ~I F. ACCEPT Community Tile Mosaic Project to be displayed on a rotating basis in a park or other public space. ACTION TO BE CONSIDERED: To accept the community tile mosaic project and approve the display of this piece of public art in a park or other public space on a rotating basis. FACTS: • In 2006 the APrC recommended and the City Council adopted a policy pertaining to public art and memorial installations in City of Eagan Parks. ■ Based on the Public Art Policy, all requests to place public art need to first be brought to the APrC before moving through the formal process which includes: o Initial request made to the APrC. o, Thirty day public comment period. o Review and recommendation by the APrC. o Formal action taken by the City Council to accept or decline the public art. • On August 19, 2008 the Eagan Art house staff shared a community tile mosaic project that was part of a grant designed to bring members in the community together to share in the creation of an intergenerational piece of artwork. Once the project was completed it was hoped that the artwork could be displayed in Central Park but would be mobile so it could be moved to other locations. At the August 19 workshop the Advisory Commission asked that this item be brought to the September 15 APrC meeting and presented as a formal request to place public art in a park so that the request could follow the process outlined in the Public Art Policy. • On September 15, 2008 the APrC formally reviewed the request by the Eagan Art House and per the Public Art Policy, formally opened the 30 day public comment period where residents could view the art and provide feedback. The 30 day public comment period ended on October 17, 2008. • Since there were no comments shared regarding the proposed art work, the APrC closed the public comment period at their October 20 meeting and recommended that the City Council accept the community file mosaic project and approve the display of this public art in public parks or other public spaces on a rotating basis as deemed appropriate by staff. ATTACHMENTS: • Proposal to APrC for Public Art on pages I /-AA ) . • Public Art Policy adopted in 2006 on pages a. I I Policies and Procedures - , b. Eagan Parks and Recreation will promote the program through the Discover - Brochure and the.City's website. Flyers may also be. distributed through other _ Eagan Parks and Recreation programs:. Independent Contractors may also Troduce/disttibute their own publicity. for these programs. . c. 25% of aII collected fees will be retained by the City up to a maximum of $25 per registration. The remaining registration fees will be paid to the independent contractor at conclusion of each.class/season_ d. The independent contractor Ss,responsible.for facility rental fees in additions to the 25%. of revenue retayned.by:Eagan:Parks and Recreation:.: With advau~ce agreement, this. fee may. also be deducted directly, from the, contractor's 75 % of program registration fees. e. Refunds requested before the registration deadline-will. be approved by the City. Refunds after; ihe,prograin begins will only be issued-with the approval of the independent-contractor. 7.3 Public Art and Memorial Installations in City of Eagan Parks 7.3.1 Statement of Purpose: I The purpose of this,po4cyis to encourage the display of.public art in the City of Eagan and to provide a mechanism for the.inclusion of public art and memorial sti-uctures tbaoughout the city's parks arid. open-space s., Public art can play a vital role in transforming the community into a destination, a distinct place within the metropolitan area. Public a--t can also acknowledge and celebrate the City's history through commemorative art, memorials, and interpretive projects. While public art and memorials may emi ch. a park experience for park users, public open space is also a very . precious commodity. New structures should be carefully reviewed to balance these two public benefits... 7.3.2 Process for Selection . Artwork and memorial structures may be acquired: through donation, open competition, invitational competition or direct selection, The process for evaluating -proposals is as follows: a. Proposals for placement of artwork or memorial structures must be made hi writing to the Director of Parka and Recreation. b.. Public comment period announced at APrC meeting. c, Evaluation by the APrC will, a recommendation based upon the public benefit of the action made to the City Council. d. Action by the City Council. April, 2006 City of Eagan Pale 54 Parks and Recreation I Policies and Procedures 7.33 Conflicts of Interest Any member of the APrC with a connection or interest in one of the artists or pieces of art must disclose tl- s conflict of interest. 73A Public Review and: Comment Period: ' Each proposal will be announced to the public at an:APrC regular meeting and then made available for public review and comment at Eagan City Hall for a minimum of 30 days before action is taken by the APrC. = 7.3.5 Required Proposal Information The written proposal must include: a A photo or drawing of the structure. b. Appraised value of the structure. C. Description of materials used to create structure including materials needed to display/secure the structure in the park-. 3 d: Dhnensions of structure including appropriate base materials needed at the bark site. I C. Description, including materials, dimensions, wording and location, of interpretive signage for the structure. f. Statement regarding relationslp to proposed site including aesthetic, cultuuai, or historic ties. g. Statement of probable lifespan of structure and annual maintenance needed to maintain structure integrity. i i i h. Statement as to whether the work is unique or duplicates other work by the same artist, L - Statement regarding the significance of the person or event to be memorialized in relationship to the community and to the proposed site. (Memorial proposals only) T16 Public Art and Memorial Guidelines All art and memorial structures must comply with applicable statues such as the Uniform Municipal Contracting Law, environmental laws, and- disability/accessibility laws. In addition, all art and memorial structures must meet the following guidelines before being considered for placement in a City-owned park or open space: I a. Absolute ownership and control of the art or memorial structure must pass to the City, including all drawings, proposals, sketches, and other conceptualizations of the art or memorial. All intellectual property rights, April, 2006 City of Eagan Page 55 Parks anti Recreation ~a - Policies and Procedures including patents, copyrights and moral rights:must-be assigned to the City. The applicant artist or donor shall waive all intellectual,property rights, including moral rights, to the art or memorial structure. b. Donations will not be accepted where a condition of. donations requires permanent exhibition. c. In the judgment of the majority of the APrC and the City Council, the structure must be appropriate for display to the general public. d. Cost of on going maintenance and repair anticipated throughout the lifespan of the structure must fall within normal park maintenance budget allocations. e. Donations that require the City to pay installation, fronting, restoration, or repair are not encouraged. f. Artist or provider may request a specific site. However, each placement will be evaluated based upon suitability of: the. structure for the site: The APrC will make a recommendation to.the Council concerning-an appropriate site for each structure. g. If proposal accepted by the City is a concept or design then the final product must match the approved concept or design.. h. The person to be men-toi7alized shall have been deceased for a mii-timum of five years. (Memorials only.) 7.3.7 Criteria for Review The APrC will make a recommendation based upon the following criteria: a. The proposed structure should be compared with the. artists' best work and the best works in the City collections. 'The acquisition should strengthen, rather than.dilute the City's collection. h. If the structure is to be erected outdoors, the physical condition of the sb-uuture should be considered in terms of durability in an outdoor setting. Any requirements for immediate or future conservation: should be noted. C. The structure must add interest and meaning to the environment in which it is placed. It must be compatible in scale, material, form and content with its surrounding and form an overall relationship with the site. Structure must conform to any existing Master Plan for the site. d. 'The structure must have social, cultural, historical and physical context to the site, both existing and planned. e. The City's overall collection shall strive for diversity in style, scale, media, and artists. There shalt be encouragement of exploratory types of work as well as established art forms. April, 2©06 City of Eagan Page 56 Parks and Recreation ~3 i Policies and Procedures £ In addition to the criteria for a piece of art, memorials will be judged on the significance of the person-or event being memorialized in relation to local social, cultural or historical context and must represent broad-connlnuniLy values. g. Structures whose messages are exclusively religious in nature will no{ be accepted. h. ` Structures'whose messages are excursively political in nature will only be considered if the political message is of a historical context 7.3.8 Removal of Public Art and Memorials Th6 Cityshall iemove a-ad dispose of works of art and memorials in its coliection when it finds such action to be in the public interest based upon the following: a. As a means of improving the -quality of the City's collection J The structure has no relevance to the collection or serves no exhibition function. I The structure has a duplicate in the collection, iii. The structure no longer meets the current standards for public art and Memorials: b, Due to concerns for public safety when a structure becomes a hazard or a public liability: C. The structure is iii a seriously deLeriorated'coiidition. - d. - Removal'should not be based on current fashion or taste. Attention should be paid to maintaining a-collection which forms a continuum of the City's visual art history. RecoMMendations for removal shall be made to the APrC who will then make a recommendation based upon the public benefit of the action to the City Council for final- approval. Each request for removal will be announced to the public atan APr•C regular meeting and then made available for public review and comment at Eagan City Hall for a minimum of 30 days before action is taken by the APrC. Once approval for removal is granted, the structure shall be disposed of in accordance with Minnesota Statues Chapter 471. I April, 2005 City of Fagan Page 57 Parks and Recreation Agenda Information Mono November 5, 2008 Eagan City Council Meeting I G. APPROVE plans and specifications and AUTHORIZE the advertisement for bids for Contract 09-03.Northview Park field lighting replacement. I ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 49-03, Northview Park Field Lighting Replacement, and authorize the advertisement of bids to be opened on Monday, December 08, 2048. FACTS: • Contract 09-03 provides for the replacement/upgrade of athletic field lighting fixtures on four ball fields at Northview Park. • The project was previously approved by the Council for inclusion in the 2009 Parks and Recreation Department Capital Improvement Program. Work on the project is intended to be completed over the winter to minimize conflict with scheduled use. • On September 2, 2009 the City Council authorized the preparation of plans and specifications. • Pending the response to the advertisement and the results of the bidding, a recommendation to award a contract for the project will be brought to the Council on December 16th 2009. • Funding for the project is from the Park Site Fund. I i ~I I i Agenda Information Memo November G, 2008 Eagan City Council Meeting I' H. FINAL PLANNED DEVELOPMENT (E AGAN YOUTH HOUSING) - DAKOTA COUNTY CDA ACTION TO BE CONSIDERED: To approve a Final Planned Development for Lot 1, Block 1, Eagan Youth Housing, located on Geld Trail in the NW i/4 of Section 20. REQUIRED VOTE FOR APPROVAL: Majority of Council members present FACTS: ➢ The Preliminary Planned Development was approved December 3, 2007. ➢ The Final flans are consistent with the Preliminary Planned Development. ➢ All documents and Agreements are anticipated to be in order- for execution at the regular meeting of the City Council. 60-DAY STATUS: Not applicable ATTACHMENTS (l Location Map, page i ~Cp Eagan Boundary Right-of-way Parc:ui Area n Park k Area 1 Building Footprint T u r Z l - T Ix , .3: 4~ i Lu t l ~ N 1 - S E2 En Subject Side in4lw ~'{L1 'i C3 vm 00 Q b •c sr ~ o o ~ . O ~~~oo a° N~ Fly d o F o p ~ pT fl D Acor~~ra 4 ~ o c.rw ~ A e d ~ ° x_ 4 e~.nuue O ~ o d U 4 ~ ~ Ca qe r t3 II ~ - CJO ~ R Z~~ ~ g Q au, 0 ~ ❑ 7n ~ ~ `fah. ~ ~1 .a _ _ ~ ~ ~ I 'l000 0 H70o 2000 Feet Development/Developer. Eagan Youth Housing City of aRa W THIS MAP ES EH76f~IPl=D FOR REFERENCE USE ONLY The City of Eagan and Dakota Caunty du not guarantee the accuracy of this Info rmatiao and are 5 Community dcvctopmont nepartersent not responsible for errors or omisaisons. Agenda Information Memo November 6, 2048, Eagan. City Council Meeting 1. EXTENSION FOR RECORDING FINAL PLAT - (CCBC ADDITION ACTION TO BE CONSIDERED: To correct the extension of time to record the final plat for CCBC Addition, located in the THE 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. has requested multiple 60 day extensions to continue working with the Dakota County Surveyor's office. ➢ At the May 20, 2008 Council meeting, the applicant was approved for a 60-day extension to August 4, 2008. ➢ At the August 4, 2008 Council meeting, the applicant was approved for a 60-day extension to October 6, 2008. ➢ At the Sept 16, 2008 Council meeting, the applicant was approved for a 60-day extension to November 14, 2008. ➢ The requested 60-day extension should have allowed until December S, 2048, for the plat to be recorded. ATTACHMENT: (1) Location map on page Eagan Boundary Right-of-way Location Map 0 Parcel Area ~ Rork Area Building Footprint Z-,L- Subject Site } P a 'ti, oe WOKO* n~ r Q d od a p `A 6 9 z E-1 0 8 . V L . 3[v --cam gig 1000 0 1000 2000 Feet Development/Developer. CCBC Addition Application: Final Plat Case No,: 03-FP-07-12-07 City of JJ{fPH THIS MAP IS INTENDED FOR REFERENCE USE ONLY W H The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are 5 Comm~rnity Pevalop meat uopartmont not responsible for orrom or omissions. ' Agenda Information Memo November C, 2008 Eagan City Council Meeting J. PROJECT 953, CEDAR GROVE 1sT/ 2' ADDITIONS STREET & UTILITY IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 953 (Cedar Grove 1"/ 2 d Additions - Street & Utility Improvements) and schedule a public hearing to be held on December 1, 2008. FACTS: • Project 953 provided for the street improvements of numerous streets within the Cedar Grove 1 t/ 2`1 Additions, and various water main and sanitary sewer replacements in this neighborhood, located north and south of Diffley Road, between Rahn Road and Nicoll Road. The street & utility improvements were completed as outlined and discussed in the feasibility report. ■ This project, constructed under Contract 08-04, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to faunally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. ■ The final assessments are approximately 19% less than the estimate contained in the feasibility report presented at the public hearing held on December 18, 2007. j I i Agenda Information Memo November 5, 2008 Eagan City Council Meeting K. PROJECT 972, LONE OAK/ WATERS AREA STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 972, (Lone Oalcf Waters Area Street Improvements) and schedule a public hearing to be held on December 1, 2008. I FACTS: • On June 3, 2008 the City Council directed staff to prepare a feasibility report considering the street rehabilitation of the streets within the Lone Oak/ Waters area, including Done Oak Drive, Lone Oak Parkway, Northwest Parkway and O'Neil. Drive, in northeast Eagan. • A structural mill and overlay of these streets is programmed for 2009 in the City of Eagan's 5 -Year GIP (2009-2013). • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Monday, December 1, 2008. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. i Agenda Information Memo November 5, 2008 Eagan City Council Meeting L. PROJECT 974, LONE OAK/ WATERS AREA STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 974, (Washington Drivel 81St Street/ Federal Drive - Street Improvements) and schedule a public hearing to be held on December 1, 2008. FACTS: ■ On June 3, 2008 the City Council directed staff to prepare a feasibility report considering the street rehabilitation of Washington Drive, 81St Street, and Federal Drive (Washington Drive to Lakeview Curve) in central Eagan. ■ A structural mill and overlay of these streets is programmed for 2009 in the City of Eagan's 5-Year C1P (2009-2013). ■ An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. ■ A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Monday, December 1, 2.008. I ATTACHMENTS: ► Draft Feasibility Report, attached without page nurnbers. Agenda Information Memo November- G, 2008 Eagan City Council Meeting M. PROJECT 1401, OPPERMAN DRIVE STREET IMPROVEMENTS ACTION TO BE CONSIDERED; Receive the Draft Feasibility Report for Project 1001, (Opperman Drive - Street Improvements) and schedule a public hearing to be held on December 1, 2008. FACTS: • On June 3, 2008 the City Council directed staff to prepare a feasibility report considering the street rehabilitation of Opperman Drive, from Highway 119 to near Argenta Trail in eastern Eagan. • A structural mill and overlay of these streets is programmed for 2049 in the City of Eagan's 5-Year CIP (2009-2013). • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Monday, December 1, 2008. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. 3 1 1 3 Agenda Information Memo November G, 2008 Eagan City Council Meeting N. PROJECT 1003, BLUE GENTIAN ROAD STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 1003, (Blue Gentian Road - Street Jmprovements) and schedule a public hearing to be held on December 1, 2008, FACTS: • On June 3, 2008 the City Council directed staff to prepare a feasibility report considering the street rehabilitation of Blue Gentian Road, from Highway 149 to a point about 1,100' east of Blue Water Read, in northeastern Fagan. ■ A structural mill and overlay of these streets is programmed for 2009 in the City of Eagan's 5-Year CIP (2009-2013). • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. ■ A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Monday, December 1, 2008. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. E4~ Agenda Information Memo November G, 2408 Eagan City Council Meeting 0. CONTRACT 07-44 BOULDER LAIalS STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 4 for Contract 07-04 (Boulder Lakes - Street and Utility improvements) and authorize the Mayor and City Clerk to execute all related documents. PACTS: • Contract 07-04 provides for the public street & utility improvements to serve the Boulder Lakes Business Park development and the trunk water maim improvements along Lone Oak Road (City Project No, 952). • The change order provides for the adjustment of various storm sewer structures along Lane Oak Road necessary to match the grading tinder the Boulder Lakes development. This item was a requiremcnt of the developer and deemed to be most efficiently added to the other storm sewer work under the City's utility contract. (ADD $5,100.$0). • The cost of the additional work is consistent with hid prices for relevant bid items on other projects within the city or metro area and will be the responsibility of the Boulder Lakes development. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. I' 35- Agenda Information Memo November 6, 2008 Eagan City Council Meeting P. CONTRACT 08-10, PATRICK EAGAN PARIS PARKING LOT IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 08-10 (Patrick Eagan Park - Parking Lot Improvements) in the amount of $ 6,324.47 to Peterson Companies, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 08-10 provides for parking lot and entrance improvements within Patrick Eagan Park near the Art House on Lexington Ave. as provided for in the Patrick Eagan Parts Master Plan approved by the City Council on November 21, 2006. • These improvements have been completed, inspected by representatives of the Public Works & Parks Departments, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. I i I i Agenda Information Memo November 6, 2008 Eagan City Council Meeting I Q. BLUE GENTIAN CIRCLE RIGHT-OF-WAY VACATION - AMENDED ACTION TO BE CONSIDERED: Schedule a public hearing to be held on December 1, 2008 to amend the public right-of=way vacation for Blue Gentian Circle. FACTS: ■ On December 11, 2007, City staff initiated a petition requesting the vacation of public right-of-way for Blue Gentian Circle, from the intersection of Blue Gentian Road to its easterly termini (cut de sac). Blue Gentian Circle is located southeast of the interchange of 1-494 and 1-35E, east of TH 55. • Blue Gentian Circle, formerly Imown as Blue Gentian Road, was never formally dedicated as a public easement or right-of-way. Pursuant to Minn. Stat. 160.05, if a city maintains a road for 6 years (or snore); it is deemed dedicated to the public to the width of the roadway and ditches necessary to support the road. The City of Eagan has maintained Blue Gentian Circle, or Blue Gentian Road, for decades. ■ On February 4, 2008, the City Council approved the vacation of Blue Gentian Circle, to allow the redevelopment of the adjacent residential properties to an office building site with a parking structure, also as approved by the Council on February 4. • Subsequent to the vacation approval in February, it was discovered that the legal description of the originally vacated right-of-way provided by the developer's land surveyor was inaccurate, ■ This request would amend the legal description of vacated Blue Gentian right-of-way to accurately depict the property to be vacated. • Notices for a public hearing will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the public hearing. ATTACHMENTS: • Location Map, page2~g . • Amended Easement Vacation Exhibit, page3~. MENDOTA HEIGHTS i - 494 ~ eiue cerrrunr ~ Ro i r T~U~kH ~ j SS ii Proposed Vacation LONE OAK ROAD 1 r~UNl(F T No. 55 ui .z Z J li.l J NORTHWOOD z a U 331 i X J YAMEE WODLE YANKEE DOODLE ROAD > City of Blue Gentian Circle p Proposed acation - Location Map Engineering Department S9 I H1OS';JNNlF NVE)a a JO A110 Y o sr, ~ N p /ll(M) 4G , 411 VAYZAYM AV&'XNQFR HUnDR use A j} -1-1` 1J V E)V3 ON 'ON l `isin DIZA38-3? olvS ? ^ x~o~ ai3add32id x °a 0 a a~ ~8 :~a``c ilGJHX3 NOliVOVA ` 25 L~ l D T N \ ~ I F m N N p ~ ' G J`'d C { 1 l 7 FL =[A C 11n3 ri ail ~r ~4 \ 7 [ ~ CO e, z . ,G t--' , `7 I ``t z[• 2 c m t'Cf Q to v 0 Q ti 49 R9 do 3~. L~' . ~ T Zvi - ~ - - ~ . "~•~y\ ~I ~ ~ _ ~ •ii~' - • . LLI ~z O~ ~i H4~143uX3 F L7 ly• ~~y~ g - ;ro U3 Npi Ld30h3 yl~.. 'tiv a- z . a m o m! ~ rn tel. 1• ` 1~ Nol "33)x 0 a Nf C) U -J LS] { of k ;y \ . \ t `N V7 U 0. kQ7 m E~Lf~la22QL1 f Q 0 Z U T fj F- iL'SlC N1f105 y F+~•\ 1 11 u7~C]p~OF ♦ 1 no C) - I...0 -F \ \ HIf1055 c of F €].f z ~ ~ ~ Z ~ Z ~ J i°a`Jin L ! .5 c _ ~ ~ I 111•t~ ~ m I zz~n~ 4'~ ' \ ~t• U ¢t7¢ 3 1-1 [ F u 0) m ~ Q ~ Q LU ~ • y' ~ ~ ~L• tii I c a ya2'S8 9 H 3,{QgLy[ON \ ~ ~ v~ ~ ~ O ~ F- f.kf ~ , ~ t \ ~ ~ ~ • • 1 ~ ~ cKseB. 7• . gg ~ l ELE LPL' R-491 47 .~1• . s 5 ' i~71 CC ¢ z O Q I f ~F( SS o=aa.ua as' cou r c,E m E r 4;%r \ - ~4~ ere ~x .£e $Fg=p N 11 £R-SA£ HiiSQN I ~ .m •r.. W z a s :tc ~p !0 3NIl Ism ~n { wN 1 I Agenda Information Memo November 6, 2008 Eagan City Council Meeting R. PROJECT 06-R (MADELYN WOODS) - FINAL ACCEPTANCE & MAINTENANCE ACTION TO BE CONSIDERED: Acknowledge the completion of improvements for City Project No. 06-R (Madelyn Woods) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. I I FACTS: • Madelyn Woods (06-R) is an eight-lot single family residential development located on 6.7 acres near Lenore Lane and Cliff Road in the southwestern portion of the city. This development required the installation of public sanitary sewer, water main, storm sewer, and street improvements, along with grading, which were all performed privately by the developer under the terms and conditions of the development contract agreement. ■ The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. /XD Agenda Information Memo November 6, 2008 Eagan City Council Meeting S. PROJECT 07-L (MANLEY COMMONS) = FINAL ACCEPTANCE ACTION TO BE CONSIDERED: Acknowledge the completion of improvements for City Project No. 07-L (Manley Commons) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Manley Commons (07-L) is a two-lot commercial development (Holiday Gas Station) located at the southwest corner of the Pilot Knob Road and Buffet Way intersection in the northwestern portion of the city. This development required the installation of public sanitary sewer, water main, storm scwcr, and street improvements, along with grading, which were all performed privately by the developer under the terms and conditions of the development contract agreement. i • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. J4 I IAgenda Information Memo Eagan City Council Consent Agenda November 6, 2008 T. DIRECT PREPARATION OF AIRCRAFT NOISE ATTENUATION ORDINANCE DIRECTION TO RE CONSIDERED: To direct the preparation of an aircraft noise attenuation ordinance. FACTS: • The City of Eagan considers aircraft noise impacts as part of decisions related to applications for new developments within the Met Councils MSP Noise Exposure Zones and buffer zone. Where appropriate, the City applies noise attenuation construction standards as part of the approvals of such developments. • As a part of its 2000 Comprehensive Plan, the City established a goal to consider the adoption of a noise attenuation ordinance that would apply to all new construction within the Noise Exposure Zones and buffer zone. On June 13, 2005, the City Council authorized the preparation of an ordinance, but the effort was put on hold pending the outcome of the MAC lawsuit. Subsequently, the Consent Decree that settled the lawsuit filed by the Cities of Eagan, Minneapolis and Richfield, required the cities to consider the adoption of such an ordinance related specifically to new residential construction within certain noise contours. ■ At its workshop meeting of August 26, 2008, the City Council considered a range of approaches to the implementation of an ordinance and gave direction to staff to: o Continue the past practice of applying noise attenuation analysis and conditions for_ new development applications within the noise zones and buffer zone. o Not apply additional noise requirements for building additions or remodeling. o Inventory the number of lots that have the potential to have new buildings constructed with only a building permit and no PD or subdivision application or amendment. o Prepare a comparison of the costs of applying standards for the various noise attenuation ordinances - Mendota Heights/Met Council model, Minneapolis/Richfield (Consent Decree model) and Bloomington model. • Staff's analysis of the noise zones concluded: o Nine (9) R-I lots that could possibly pull a building permit without subdivision. However, only four (4) of these lots are under I acre in size. Recent experience suggests that it is likely that owners would strongly consider further subdivision of the larger lots prior to additional construction. o Other noise sensitive uses include education, medical, schools, churches, hospitals, nursing homes, cultural, entertainment/recreation, transient lodging, and office; all with varying degrees of zoning and noise compatibility. However, there are very few TCl~ Agenda Information Memo November 6, 2008 Eagan City Council Workshop Page 2 of 2 vacant lots within the noise zones that would not require some sort of approval to constrict a facility for one of these uses. The most likely candidates would be two (2) vacant lots in Gone 3 within the Eagan WoodslCompri Hotel PD's, but construction without some sort of new PD condition would be unlikely. o Therefore, it appears that six or fewer lots within the noise zones might see the potential for the construction of a residential or other noise sensitive use, without the opportunity for the City to apply conditions through a land use approval of some kind. • As a consequence of the determination that all but this small number of properties could be addressed through the development approval and condition approach the City has applied successfully for nearly fifteen years, the benefit of adopting a detailed ordinance is very liYnited. This also obviated the value of doing a cost comparison among the ordinances adopted or considered by the other cities. • Despite the small potential benefit of the preparation or consider of a detailed noise attenuation ordinance, staff and the City Attorney have determined that it would be worthwhile for the City to consider an ordinance that would formalize the City's past practice with respect to the application of noise attenuation analysis and noise attenuation conditions for development applications within the noise zones and buffer zone. • This information was presented to the City Council at its workshop meeting of October 28, 2008 and the Council gave preliminary direction to prepare such an amendment. This business item is intended to formalize that direction on a regular meeting agenda. ATTACHMENTS: • None Agenda Information Memo November 6, 2008 Eagan City Council Meeting U. CONTRACT 07-15, SOUTH WATER TREATMENT PLANT ROOF REPLACEMENT ACTION TO BE CONSIDERED: Approve the final payment for Contract 07-05 (Cliff Road/South Water Treatment Plant - Roof Replacement) in the amount of $ 20,489.23 to John A. Dalsin & Son, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 07-05 provided for the roof repair and replacement at the Cliff Road, or South, Mater Treatment Plant at the northeast corner of Cliff Road and Pilot Knob Road as provided for in the 5-year Capital Improvement Plan (CIP), 2007-2011, approved by the City Council on June 6, 2006. • 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. L4 1 Agenda Information Memo November 6, 2008 Eagan City Council Meeting V. APPROVE CONTRACTUAL STREET PLOWING AGREEMENTS ACTION TO BE CONSIDERED: Approve renewal of contractual snow plowing agreements with Gallagher's, Inc for mainline street and cul de sac snow removal services for the 2008-2009 winter snow and ice season and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan advertised and invited bidders to submit sealed quotations for the 2007-2008 snow and ice control season/operations. Gallagher's, hie was the successful bidder for the street and cul de sac snow removal. The 2007-2008 contract is renewable upon agreement by both parties for a second year. • Gallagher's, Inc has agreed to extend to the 2008-2009 snow and ice control season the same contractual per hour prices and terms of the fuel surcharge amendment. • The agreement provides for the continued use of a fuel surcharge clause allowing for re-imbursement of agreed upon quantities of fuel purchased at a rate above $2.50 per gallon for the 2008-2009 snow and ice control season. • The City attorney has reviewed the contract documents, and found everything to be in order for favorable Council consideration. j ~r li Agenda Information Memo November 6, 2008, Eagan City Council Meeting V. PUBLIC HEARINGS A. CERTIFICATION OF DELINQUENT FALSE ALARM BILLS ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roil for delinquent false alarm bills and authorize its certification to Dakota County. I FACTS: )0- The City Code allows for collection through certification of delinquent false alarm bills, which are not paid. Y At the October 7 City Council meeting, a public hearing was scheduled for the November 6, 2008 City Council meeting. The City does not charge residents or businesses for the first three false alarms in a calendar year. A fourth or subsequent false alarm results in a $100 fee per alarm. The delinquent false alarm bills include a 10% penalty and a $25 certification fee. y The City currently has three delinquent false alarm bills. The assessable amount of these bills is $625. These items are in order for. certification to the County. The City will accept payment for any portion of the assessment free of interest charges for a period of thirty days, beginning November 7 through December 8. If the assessment is paid after December 8, interest at 6% from November 7, 2008 to December 31, 2009 will be added to the principal amount due. The length of the assessment is one year. Unpaid balances will be collected with the 2009 property taxes. ➢ All notices have been published in the legal newspaper and sent to all affected property owners informing there of this hearing and their proposed assessments. ATTACHMENTS (1): Proposed assessment roll on page. 1 Delinquent False Alarm Bills I i i Delinquent Amount + Cert. Total 10% Penalty Fee Assessment 10-22464-010-01 330.00 25.00 355.00 10-22551-010-01 110.00 25.00 135.00 10-26400-010-01 110.00 25.00 135.00 Grand Total 625.00 I I i -z4'7 i I Agenda Information Memo November G, 2008, Eagan City Council Meeting B. CERTIFICATION OF DELINQUENT WEED CUTTING BILLS ACTION TO BE CONSIDERED: i To close the public hearing and approve the final assessment roll for delinquent weed cutting bills and authorize its certification to Dakota County. FACTS: 3 ➢ The City Code allows for collection through certification of delinquent weed cutting bills, which are not paid. j ➢ At the October 7 City Council meeting, a public hearing was scheduled for the i November d, 2008 City Council meeting. ➢ A 10%o penalty and a $25 certification fee are added to all outstanding delinquent bills. ➢ The City currently has 14 delinquent weed cutting bills. The assessable amount of these bills is $2,951.35. These items are in order for certification to the County. ➢ The City will accept payment for any portion of the assessment free of interest charges for a period of thirty days, beginning November 7 through December 8. If the assessment is paid after December 8, interest at 5% from November 7, 2008 to December 31, 2009 will be added to the principal amount due. The length of the assessment is one year. Unpaid balances will be collected with the 2009 property taxes. 1 ➢ All notices have been published in the legal newspaper and sent to all affected 3 3 property owners informing them of this hearing and their proposed assessments. ATTACHMENTS (1): Proposed assessment roll on page. 1 3 3 3 i I Delinquent Wood Cutting Bills Delinquent Amount + Cert. Total 10% Penalty Fee Assessment 10-45077-010-02 382.53 25.00 407.53 10-16725-290-02 171.44 25.00 196.44 10-72985-060-02 171.44 25.00 196.44 10-52101-040-01 171.44 25.00 196.44 10-84353-464-03 303.34 25.00 328.34 10-72500-550-04 224.16 25.0€3 249.16 10-15704-010-12 171.44 25.00 196.44 10-41300-060-01 118.72 25.00 143.72 10-17402-081-04 118.72 25.00 143.72 10-48050-035-01 145.08 25.00 170,08 10-16703-280-08 145.08 25.00 170.08 10-45079-020-02 118.72 25.00 143.72 10-72500-390-04 145.08 25.00 170.48 10-16705-470-09 224.16 25.00 249.16 Grand Total 2,961.35 I Agenda Information Memo November 6, 2008 Eagan City Council Meeting V. PUBLIC HEARINGS C. CERTIFICATION OF DELINQUENT UTILITIES ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. FACTS: ■ The City Code allows for collection through certification of delinquent utility bills which are not paid. • At the October 7, 2008 City Council meeting, a public hearing was scheduled for the November 6, 2008 City Council meeting. • The City currently has approximately 634 utility bill accounts with delinquent payments. The assessable amount of these accounts is $110,170.12. These items are in order for certification to the County. If certified another 18%v interest is added. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ATTACHMENTS: • Delinquent account list; pages I through . II, Customer # Account # ` Certification Balance 00066588 0025619107 $52.44 00066419 003'12420402 $2,671.24 00049911 0012508602 $134.92 00058111 0037816105 $162.65 00043548 0024216509 $100.60 00067061 0024903007 $23.48 00063727 0011717501 $112.11 00059029 0025729906 $81.19 00061093 0012229407 $347.13 00064813 0010104107 $392.62 00053155 03036313609 $213.94 00065494 0036119709 $197.99 00053938 0024007304 $72.56 00015824 0010905'107 $199.73 00044115 0013219902 $182.91 00014800 0023406721 $162.36 00065688 0037202702 $88.76 00059539 0023916307 $20.34 00057590 0023609308 $318.37 00024539 0024333809 $488.82 00063697 001100302 $83.58 00057741 00383'15'107 $104.88 00029602 0037708005 $306.31 00040802. 0012203501 $79.70 00016652 00'11507506 $410.31 00038415 0024005407 $229.84 00065223 0024005209 $134.15 000488018 0012127304 $94.21 00051328 00'13221601 $2'11.79 00039161 0012100707 $174.71 00056739 0010910909 $271.62 0001566017 0023808207 $83.45 00052776 0010508505 $157.84 00049647 00121'10706 $143.31 00034903 0024117004 $17$.56 00058534 0025648403 $178.33 00060888 0012704300 $227.74 00056787 0024309205 $42.18 00049241 00138274502 $'114.55 00066105 00'12632824 $2'13.19 00046838 0012013702 $129.01 00053812 001271'1305 $9.32 00062517 0013137500 $254.73 00043376 0024306805 $59.34 00059592 0011111903 $113.72 00057676 0025111303 $151.87 00061433 0024012809 $183.82 00047228 0010410405 $76.92 00026865 0036112589 $240.05 00028851 0037105103 $'161.85 000399'16 0012904009 $247.25 I 00040060 0037116902 $344.68 00046036 0024335705 $15'1.66 0€7050020 0023109309 $155.02 00055706 0025724709 $190.13 00019659 0012515003 $62.12 00017430 0011813805 $90.13 00064565 0012228003 $295.19 00041854 0012426003 $163.09 00052377 0010205409 $142.71 00020843 0012827002 $219.07 00025614 0025103003 $107.97 00025029 0024561706 $90.53 00023709 0023509003 $344,23 00055980 0025725805 $95.57 00059193 0024318503 $208.48 00050036 0025310202 $362.97 00044149 0037024908 $66.21 00032923 0036505709 $268.67 00051175 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$101.19 00040127 0012836102 $163.93 00056564 0012304101 $71.54 00048069 0038302808 $52.71 00020578 0012714002 $99.'11 00014949 0010300200 $112.27 00062359 0025000407 $40.94 00021529 0013111109 $219.82 00022919 0023505605 $209.12 €10066030 0038289104 $644.64 00026817 0€710109007 $2911.24 00058300 0013231204 $658.73 00059843 0037700408 $219.12 00015780 0010900702 $210.21 00036332 0010503803 $131.99 00042980 0036507507 $178.'17 00066201 0010709707 $62.71 04036839 0035500305 $46.15 00059446 0023609803 $93.50 00060467 0037504107 $292.45 00046044 0024318701 $128.52 00060885 0012102406 $163.51 00022690 0025000100 $154.52 00054967 00'10'106904 $2'14.47 00057198 0010704500 $201.96 00066648 0024700601 $70.4'1 00056103 0011714003 $'156.73 00066605 0013235908 $51.87 00037899 0013192000 $245.97 00061405 0013290705 $136.21 00059801 0013110002 $154.97 00020764 0012818308 $109.45 154 I i 00023257 0023800709 $55.15 00037552 €1012403408 $325.51 00044236 €3012436200 $115.95 001051553 0013237706 $138.39 00016639 0011506201 $241.82 00045727 €7024008807 $83.73 00064067 0010701209 $131.88 00062137 0036205201 $144.71 00064580 0012233805 $254.80 00036213 0038263505 $55.33 00029794 0037806908 $163.72 00027934 0036607901 $148.56 00066484 0024116006 $55.30 00058877 0012712907 $239.07 00038011 0012104204 $369.96 00046709 0013183207 $203.36 00453963 0037809704 $99.69 00059836 0012838900 $187.60 00050130 0010514701 $194.92 00056802 0024809600 $59.63 00060377 0012221701 $61.49 00057529 0010501500 $158,57 00046965 0013107404 $156.27 00046993 0036917003 $125.84 00065203 0023900509 $110.48 00039011 0011743606 $164.85 00023627 0024002404 $103.31 40024276 0024303406 $254.07 40439360 0035507607 $46.79 00058733 0012318408 $67.99 00055619 0037615903 $140.00 00460030 0025696709 $219.78 00047799 0037813607 $187.93 00048965 0012511002 $112.45 010027375 0035307908 $214.75 00452553 0023806003 $237.75 00061716 0038269502 $115.21 00061716 0038269510 $42.84 00034902 0012632634 $92.60 00056331 0023103401 $261.17 00041327 0024804205 $376.05 40448204 0011512704 $30.40 40038062 0012601407 $293.93 00066€]6€] 4012632857 $262.40 00057091 0025729203 $20.29 00052326 0023921604 $120.12 00053570 0011734506 $41.55 00031955 0011010600 $80.38 00066116 0011735206 $249.15 00065261 0011303203 $134.22 00036172 0036300507 $46.30 00045337 4012817300 $409.33 J~ I 00016424 0011305408 $90.10 00066098 0012627006 $212.62 00053569 0010310803 $381.49 00058185 0025710104 $92.61 00043325 0023905300 $1.13 00055590 0023503105 $307.10 00030547 0038247409 $274.67 00066284 0012117800 $179.10 00033284 0012314605 $89.79 00054621 0025206004 $124.437 00055688 0012605507 $259.45 40058724 0012601803 $151.47 00035188 0413220009 $216.18 00058458 0023710205 $91.80 00031296 0038311007 $102.33 00054524 0036112845 $178.53 00061309 0036105617 $93.61 00027896 0036604205 $245.41 00064131 0037710803 $64.27 00064216 0012517207 $132.13 00045762 0010809416 $66.66 00050079 0025102104 $258.06 00035218 0023300908 $152.90 00029141 0037401443 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$59.29 00040354 0012314506 $236.63 00064794 0012630406 $112.29 00018154 0012109500 $86.36 00052006 0011515509 $176.87 00017945 0011122306 $218.78 00062489 €3037809100 $242.43 00049807 0023806706 $76.84 00047053 0012575908 $57.13 00035527 0013189105 $193.16 . 00055551 0013264700 $139.93 00050445 0012622403 $175.76 00020989 0012900502 $149.77 00027730 0036504801 $82.51 00064886 0012230108 $255.84 00058625 0011108909 $63.71 00037576 0023405301 $200.11 00018275 0012121802 $220.55 00054470 0011502101 $76.10 00058367 0036107209 $165.96 00054251 0036103406 $49.69 00016928 0011707502 $153.72 00060647 €]010805505 $23.€]4 04041015 €7036606002 $110,06 00020062 0011602109 $79.06 00060245 0013285408 $110.91 00048326 0025694407 $103.72 00058258 0024210908 $113.52 00057314 0013246707 $116.14 00023687 0023102304 $265.52 00026027 0025400102 $46.22 00057657 0024011009 $98.13 00049256 0035505502 $81.55 00055848 0012511507 $79.13 00019908 0012604005 $103.29 00066266 0037004405 $164.56 00060922 0013297502 $91.74 00054976 0037717808 $636.37 00052488 0025012204 $159.79 00063358 0035507805 $46.42 00053476 0013176102 $343.16 00046156 0025500406 $58.10 00026759 0036100907 $301.44 00056487 0023502800 $20.56 00045853 0036610202 $217.83 00053665 0036512309 $137.94 00060052 0010700300 $176.46 00057406 0023700800 $19.96 00064285 0024007700 $59.40 00039144 0037108503 $200.09 00021354 0013022603 $113.78 00035504 0012608303 $249.63 00038'155 0012316709 $195.02 00049695 00'10311405 $82.06 00060249 0012014502 $375.48 00000098 0011003803 $241.64 00002077 0023713803 $139.21 00000714 0023906803 $258.08 00000200 0011716503 $58.44 00000245 0012013801 $155.38 00000695 0023711401 $335.70 00000867 0024561805 $107.02 00000955 0025500703 $'144.43 00000681 0023506504 $386.15 00000871 0024712689 $86.52 00001123 0037500907 $264.49 00000026 0010402808 $251.21 00000458 0012626602 $125.51 00000133 00'11109105 $51.31 00000276 0012102208 $123.07 00000274 0012102109 $154.80 00000359 0012318002 $153.52 00000555 0012805602 $107.22 00000543 0012802807 $136.72 00000230 0011901105 $190.37 00000303 0012133302 $384.94 00000304 0012133401 $311.00 00001358 0038262804 $352.27 I 00001099 003700750' $88.27 00001093 0037007002 $387.49 00001092 0037006905 $333.51 000031084 0037004306 $208.47 00000957 0025505504 $232.40 00001007 0036115202 $62.80 00001576 0011716909 $4.07 00000247 0012414205 $243.55 00000010 0010906201 $223.68 00000650 0023111206 $120.69 00000646 0023102908 $82,67 00000919 0024905705 $92.43 00000899 0024904302 $137,17 00066518 0024905309 $90.39 00000924 0025001306 $21.69 00000691 0023607302 $238.19 0€]0€]0745 0024108300 $'187.62 00000457 0012626008 $160.00 00000403 0012609400 $152:37 00000317 0012210506 $257.94 00002387 0035509207 $109.93 00001367 0038329405 $207.72 00000348 0012311106 $241.10 00016988 0011713401 $153.94 00048307 0012645305 $2'10.21 00055035 0024430902 $70.65 00046809 0037808904 $148.79 00065780 0024204604 $144.21 00041963 0012306601 $170.25 00027524 0036407104 $212.72 00034587 0036401917 $84.99 00042653 0024307209 $163.52 00060372 0038225306 $187.10 00037277 00242'14504 $242.30 00014805 0010109106 $70.20 00047150 0037902902 $111.72 00064864 0012827200 $20.80 00057424 0012513800 $19.63 00052424 0037007408 $209.61 00052424 0037004207 $282.51 00046019 0024313702 $142.25 00033042 0013155908 $356.10 00051667 4037706900 $134.47 00055860 4023105604 $185.91 00060'172 0012822003 $298.76 00051650 003711.4105 $272.22 00058291 0012510707 $1,443.64 00059470 0036140408 $145.11 00055332 0012633004 $26120 00059788 0037708302 $331.66 00054260 0023917008 $31.59 00049016 0023502602 $278.41 00015778 0036804003 $196.77 00042543 0011907052 $77.01 00018426 0012105607 $15.66 00058972 0010602803 $96.06 00062348 0015504210 $73.87 00053017 0023740206 $65.50 00023009 4023601602 $59.68 00059777 0023712409 $216.52 00057820 0011005907 $204.78 00015079 0010400505 $141.41 00065790 0011815701 $162.38 00033517 0023919400 $166.50 00038347 0010701001 $265.69 40034816 0013147608 $166.07 00061351 0038329207 $112.90 0€3059664 0025731001 $111.41 00020966 0013015607 $229.20 00056207 0012028106 $146.77 00052113 0023305808 $159.59 00059168 0437111002 $99.88 00060043 0037016607 $69.69 00064971 0013030200 $29152 00049714 0012632790 $69.15 0€ 038326 0012909503 $147.15 00054770 0024333641 $31.72 00060616 002321'1600 $147.25 04063342 €1010312502 $270.81 00046133 0023406945 $1'17.40 00015492 00'10703908 $62.29 00045541 0024211203 $70.91 00039356 0011816303 $95.15 00037727 0025649203 $75.43 00059736 0010706307 $199.07 00038476 0012213609 $229.47 00023187 0023747201 $222.5'1 00036041 0013266804 $252.61 00045304 0013119508 $5629 00016869 0011701802 $229.39 00040511 0023307606 $153.49 00048193 0038237400 $139.53 00061908 0438262101 $156.51 00061417 0012008207 $414.27 0€7015336 0010601102 $152.57 00064037 0010110104 $183.85 00058240 0024204406 $175.89 00060589 0012806501 $92.20 00045309 0024519001 $122.90 00053863 0012805107 $69.61 00016074 0011'100906 $110.73 00060840 0011743903 $168.17 00054436 0011117009 $83.46 80€756526 0025001314 $84.0'1 00018151 001317860 $156.00 00027319 0036303402 $158.63 00037936 0023106909 $136.93 00064800 0023208101 $99.59 00062130 0024303703 $69.96 00064300 0011736204 $113.44 00060911 0013292107 $19111 00053550 0036232007 $99.35 00061380 0010206605 $217.66 00051056 0025108507 $270.46 00054909 0036610400 $174.52 j 04024317 0024309106 $77.34 j 00001470 0011004900 $49.53 00066384 0023904303 $161.49 00048103 0024333908 $140.50 0€3060838 0010507705 $63.65 00058540 0037811304 $141.87 00059778 0023912306 $163.77 00049997 0013233309 $95.46 00064842 0012708707 $252.72 00057790 0024205908 $81.80 00059899 0024336208 $147.18 00058557 0012117503 $388.96 00057334 0023112402 $317.39 00063532 0011202900 $358.36 00015913 0010914703 $83.30 00053437 0013243209 $290.64 00066399 0012109708 $20.80 00060307 0036405710 $207.83 00058637 001031€3605 $240.05 00061458 0036725703 $115.36 00047514 0013008008 $94.86 00066653 0010504306 $89.05 00026707 0035508803 $55.26 00024922 0024511800 $148.27 00017922 0012022208 $294.04 00023688 0024010407 $84.65 00059611 0024205700 $235.69 00050533 0038311502 $202.81 00053358 0025653007 $299.96 00022317 0023112006 $214.35 00060296 0012903001 $14121 00057213 0037010105 $149.64 00038099 0012215703 $220.50 00059185 0012027108 $128.67 00045900 0010411106 $62.30 04047699 0013237102 $222.81 00049980 0036202604 $149.56 00061557 0037006806 $260.66 00055904 0024010209 $77.83 00048536 00102012€10 $282.52 00€164074 0010803609 $126.63 4~~ i 00049702 0012247300 $189.36 00065666 0037018900 $299.28 00051870 0025605304 $139.38 00037279 0024331506 $101.36 00024106 0024215402 $80.54 00049007 0012215406 $209.82 00061053 0012031209 $196.05 00027359 0036306579 $59.60 00035368 0012605804 $136.86 00015437 4010611200 $141.43 00024899 0024465908 $128.47 $110,170.12 3 i 3 1 1 ~3 li Agenda. Memo November 6, 2008 Regular City Council Meeting PUBLIC HEARINGS: D. FEE SCHEDULE CHANGE I ACTION TO ICE CONSIDERED: I Adopt resolution approving an addition to the 2008 Fee Schedule in regard to Body Art Establishment License fees and Body Art Technician License fees. FACTS: • The City Council, at their meeting on October 21, 2008, adopted an ordinance amendment to Chapter 6 of the City Code by adding Section 6.54 regarding body art establishments. • Subdivision 5 of the ordinance states that the license fee and investigation fee shall be set by resolution of the City Council. • ; Staff is proposing that the body art establishment license fee be set at $300 per year and the investigation fee be set at $340. • The establishment license fee would include one technician license. • Staff is proposing that the Body Art Technician License fee be set at $25 per year and the investigation fee be set at $100. • These license fees are the same as Massage Therapy Establishment and Massage Therapist License fees. i ATTACHMENTS: • The proposed resolution is attached as page i i I RESOLUTION CITY OF EAGAN APPROVING ADDITION TO THE 2408 SCHEDULE ESTABLISHING FEES FOR VARIOUS CITY SERVICES, SUPPLIES AND MATERIALS WHEREAS, various sections of the City Code provide for fees to be established by City Council resolution; and WHEREAS, the City desires to recover certain user related costs through fees and reimbursement; and WHEREAS, the City Code was amended on October 21, 2048 in regard to the licensing of body art establishments and body art technicians, and WHEREAS, Chapter 6, Subdivision 5 of the ordinance directs the City Council to set the fees for the body art establishment, body art technicians and background investigations by resolution. 'I NOW THEREFORE, BE IT RESOLVED, that the fees as listed below shall be effective upon adoption of this resolution, Body Art Establishment License Fee $300 per year Investigation Fee $300 Body Art Technician License Fee $25 per year Investigation Fee $100 Motion by: Seconded by: Those in Favor: Those Against: Dated: November 6, 2008 CITY OF FAGAN CITY COi7NC [L By: Its Mayor By: Its City Clerk I Agenda Information. Memo November 6, 2008 Eagan City Council Meeting E. PROJECT 955, SAFARI ESTATES STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Rol[ for Project 955 (Safari Estates - Street Overlay Improvements) and authorize its certification to Dakota County for collection. FACTS: 'I Project 955 provided for the bituminous overlay of the street within the Safari Estates neighborhood, located west of Galaxic Avenue, and south of Cliff- Road. • The Final Assessment Roll was presented to the City Council on October 7, 2008, with a public hearing scheduled for November 6 to formally present the filial costs associated with this public improvement to the affected benefiting properties, ■ The final assessment cost is approximately 180 per lot more than the estimated benefit amounts that were presented at the original Public Hearing December 18, 2007. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on October 30 to address all property owners' questions or concerns and provide any additional information of interest. Of the 62 parcels (all Single-Family) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages through. I FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 955 Assessment: November 6, 2008 Name: Safari Estates Project Approval Date: December 18, 2007 Street Improvements Final Feasibility Final Feasibility Rate Report Units Rate Report Units SANITARY STORM SEWER SEWER ❑ Trunk ❑ Trunk ❑ Lateral ❑ Service © Lat. Benefit/trunk WATER STREET © Trunk ❑ Gravel Base ❑ Lateral El Surfacing/ Signs 912.09 732 1 Lot 17 Service 0 Multi Family Equiv. © Lat. Benefit/trunk © WAC ❑ C/I Equiv. ❑ Driveway OTHER STREET LIGHTS ❑ Service Pair ❑ Installation ❑ Energy Charge Contract Number of Interest Amount CitV Number Parcels Terms Rate Assessed Financed 08-03 62 5 Years 6.0% $45,400 F.R.- $143,650 F.R. $56,549.73 $139,322-12 (F.R. = Feasibility Report) V7 Cat o f E ~ o: Mayor and City Council T From: John Gorder, Assistant City Engineer Date: October 30, 2008 Subject: Final Assessment Roll, Project 955 Safari Estates Street Overlay Improvements At the public bearing on December 18, 2007, the City Council ordered Project 355, and in accordance with the feasibility report, the following improvements were constructed: mill and overlay and replacement of traffic and, street signage for the streets within the Safari Estates neighborhood, and replacement of curb and gutter as needed. In the feasibility report, it was proposed to assess 50% of the street overlay and signage improvements in accordance with the City Special Assessment Policy. The improvements were completed under Contract 08-03. The following information was used in the preparation of the assessment roll for Project 955. PROJECT COST The construction cost includes the amount of $152,719.77 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $2,403.73. Ofher costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $40,748.35 were incurred resulting in an improvement and project cost of $195,871.85. The detail of these other costs is provided on Schedule 1. 'T'hese other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER COSTS IMPROVEMENT FEASIBILITY IMPROVEMENT COST COST REPORT Street Resurfacing/ Sign - Replace $111,267.98 $29,228.24 $140,496.22 $110,200 Curb & Gutter Repair 43 855.52 11,520.11 55375.63 `$78, Totals $155,123.50 $40,748.35 $195,871.85 $189,050 1 rfn~ I ASSESSMENTS ■ TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. STREET IMPROVEMENTS The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Mobilization L.S. 1 $7,000.00 $7,000.00 Mill bituminous surface Sq. Yd. 7,031 0.50 3,515.50 Bituminous mat. for tack coat Gal. 1,100 3.10 - 3,410.00 Wear Course Mixture Ton 1,845.00 45.75 84,408.75 Traffic control L. S. 1 1,625.04 1,625.00 Adjust water valve box - riser Each 5 65.00 325.00 Adjust manhole casting - complete Each 14 454.00 6,300.00 Adjust manhole casting - riser Each 8 195.00 1,550.00 Repair gate valve top section w/ cover Each 3 240.00 720.00 Traffic signs L.S. 1 2,403.73 2,403.73 SUBTOTAL $111,267.98 Other costs @) 26.3% 29,228.24 Mill & Overlay/ Street Sign Cost $140,496.22 ■ IMPROVEMENT AND ASSESSMENT RATES All assessable properties within the project area are low-density residential. The improvement and assessment rates for low-density residential property are computed as follows: 1) Total Assessable Front Footage = 6,103-ff. wl access/ 7,584 total f. f. = 80.5% 2) [$140,496.22 (Mill & Overlay Cost + Signage Cost) x 50% x 80.5%] _ $56,549.73 [Total Assessment (R-1, 2, 3)] 3) $56549.73 Total Residential Assessment -3 $ 912.091 lot 52 Single Family Residential Jots ■ ASSESSMENT TERMS The assessments are proposed for a term of 5 years. The interest rate is 6.0% per annum on the unpaid balance. 2 i j CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Street Resurfacing/ Signs $140,496.22 $56,549.73 ($83,946.49) Curb & Gutter Repair 55.375.63 (55 375.63 Total $195,871.85 $56,549.73 ($139,322.12) i ■ CITY FUND RESPONSIBILITY Major Street Fund: $139,322.12 i 4idGorder, P.E. Reviewed Reviewed Public Works Department +Fiince Department Date Date C: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant l 3 -70 f J ~,r } 4835 4829 4641 ~l 7 l L 4847 1 ♦!1 o g 4853 ~ V, 4859 150 F.F. i S 4865' ~ aa3e _ E Not Assessable / [ " f 4867 4971 4842 4846 9875 l 9854 9849 F _ 4845 4850 4oP ] 4840 f 4883 886 4859 J 4872 I g 4895. c ` ( B! 4981\'r, 4867 I I ® 4109 `7`~ •`4844 1 t.' 1943 4850 T~ 1952 075 48192 9129 4988 1944 9925 r I t. ^ 486 I aszo `L ( 4895 1930 4905 1 1926 4915 4902 l _.1•' 4949 4991 ' qJ, 4925 r U) in ia) LU in _ ~7 _ 4924 [A _ C 7, ~ ❑ 4860 4932 _ 4963 LL7 ? Q 4964 ' ~Mln LL C) Ce) 4978 1 (L fr 4977 f~ 4990 4986 R. 4990 991 LEGEND Apple Valley ~ $ 912.09 per Lot Assessment Street Improvments - - Assessment Area Safari Estates tykan Neighborhood Street Revitalization 09-•22-2008 of-Ea Engineering Department -7 1 Project 955 - Final Assessments Combined Assessment Roll Project Number 1OP955 Proposed Pending PID Address Addition Name Assessment Assessment Variance 10-65850-010-01 1926 Safari Tr Safari Estates $912.09 $732.00 ($180.09) 10-65850-020-01 1930 Safari Tr Safari Estates $912.09 $732.00 ($180.09) 10-65850-020-02 4836 Safari Pass Safari Estates $912.09 $732.00 ($180.09) 10-65850-030-01 4886 Safari Ct S Safari Estates $912.09 $732.00 {$180.09} 10-65850-030-02 4842 Safari Pass Safaris Estates $912.09 $732.00 ($180.09) 10-65850.040-01 4902 Safari Ct S Safari Estates $912.09 $732.00 ($180.09) 10-65850-040-02 4848 Safari Pass Safari Estates $912.09 $732.00 ($180.09) 10-65850-050-01 4916 Safari Ct S Safari Estates $912.09 $732.00 ($180.09) 10-65850-060-01 4924 Safari Ct S Safari Estates $912.09 $732.00 ($180,09) 10-65850-060-02 4860 Safari Pass Safari Estates $912.09 $732.00 {$180.09} 10-65850-070-01 4932 Safari Ct S Safari Estates $992.09 $732.00 ($180.09) 10-65850-070-02 4866 Safari Pass Safari Estates $912.09 $732.00 ($180.09) 10-65850-080-01 4925 Safari Ct S Safari Estates $912.09 $732.00 ($180.09) 10-65850-080-02 4872 Safari Pass Safari Estates $912.09 $732,00 ($780.09) 10-65850-090-01 4915 Safari Ct S Safari Estates $912.09 $732.00 ($180.09) 10-65850-090-02 4878 Safari Pass Safari Estates $912.09 $732.00 ($180•[39) 10-65850-100-01 4905 Safari Ct S Safari Estates $912.09 $732.00 ($180.09) 10-65850-100-02 1947 Safari Tr Safari Estates $912.09 $732.00 ($180.09) 10-65850-110-01 4895 Safari Ct S Safari Estates $912.09 $732.00 ($180.49) 10-65850-110-02 1943 Safari Tr Safari Estates $912.09 $732.00 ($180.09) 10-65850-120-01 4885 Safari Ct S Safari Estates $912.09 $732.00 {$180.09} 10-65850-120-02 4875 Safari Ct N Safari Estates $912.09 $732,00 {$184.09} 10-65850-130-02 4867 Safari Ct N Safari Estates $912.09 $732.00 ($180.09) 10-65850-140-02 4859 Safari Ct N Safari Estates $912.09 $732.00 {$180.09} 10-65850-141-01 9944 Safari Tr Safari Estates $912,09 $732,00 ($980.09) 10-65850-150-01 1952 Safari Tr Safari Estates $912.09 $732.00 ($180.09) 10-65850-150-02 4851 Safari Ct N Safari Estates $912.09 $732,00 ($980.09) 10-65850-160-01 4900 Safari Pass Safari Estates $912,09 $732.00 ($180.09) 10-65850-160-02 4845 Safari Ct N Safari Estates $912.09 $732.40 ($180.09) 10-65850-170-01 4920 Safari Pass Safari Estates $912.09 $732.00 ($180.09) 10-65850-170.02 4841 Safari Ct N Safari Estates $912.09 $732.00 ($180,09) 10-65850-180-01 4940 Safari Pass Safari Estates $912.09 $732.00 ($180.09) 10-65850-180-02 4840 Safari Ct N Safari Estates $912.09 $732.00 ($180.09) Friday, Odobef• 31, 2008 Page 1 of 2 Combined Assessment Roll Project Nwnher 1OP955 Proposed Pending P1D Address Additions Naine Assessnient Assessment Variance 10-65850-190-01 4960 Safari Pass Safari Estates $912.09 $731130 ($180.09) 10-65850-190-02 4844 Safari Ct N Safari Estates $912.09 $732.00 ($180.09) 10-65850-200-01 4980 Safari Pass Safari Estates $912.49 $732.00 ($180.09) 10-65850-200-02 4850 Safari Ct N Safari Estates $912.49 $732.00 ($180.09) 10-65850-210-01 4990 Safari Pass Safari Estates $912.09 $732.00 ($1843.09) 10-$5850-210-02 4862 Safari Ct N Safari Estates $912.09 $732.00 ($180.09) 10-65850-220-01 4991 Safari Cir Safari Estates $912.09 $732.00 ($180.09) 10-55850-220-02 1925 Safari Tr Safari Estates $912.09 $732.00 ($180.09) 10-55850-230-01 4977 Safari Cir Safari Estates $992.09 $732.00 ($180.09) 10-65850-2301-02 1929 Safari Tr Safari Estates $912.09 $732.00 ($180.[}9) 10-65850-240-01 4963 Safari Cir Safari Estates $912.09 $732.00 ($180.09) 14-65850-244-02 4874 Safari Ct N Safari Estates $932.09 $732.44 ($'180.09) 10-65830-254-01 4964 Safari Cir Safari Estates $912.09 $732.00 ($180.09) 10-65850-260-01 4978 Safari Cir Safari Estates $912.09 $732.00 ($180.09) 10-65850-270-01 4986 Safari Cir Safari Estates $912.09 $732.00 {$180.09} 10-75850-010-01 4829 Safari Pass The Safari $912.09 $732.00 ($184.09) 10-75850-010-42 4909 Safari Pass The Safari $992.09 $732.40 ($180.09) 10-75850-020-01 4835 Safari Pass The Safari $912.09 $732.00 ($180.09) 10-75850-020-02 4901 Safari Pass The Safari $912.09 $732.00 ($180.09) 10-75850-030-01 4841 Safari Pass The Safari $992.09 $732.00 ($180.09) 10-75850-030-02 4895 Safari Pass The Safari $912.09 $732.00 ($180.09) 10-75850-040-01 4847 Safari Pass The Safari $912.09 $732.00 ($180.09) 10-75850-050-01 4853 Safari Pass The Safari $912.09 $732.00 ($180.09) 10-75850-060-01 4859 Safari Pass The Safari $912.09 $732.00 ($180.09) 10-75850-070-01 4863 Safari Pass The Safari $912.09 $732.00 ($180.09) 10-75850-080-01 4867 Safari Pass The Safari $912.09 $732.00 ($180.039) 10-75850-090-01 4871 Safari Pass The Safari $912.09 $732.00 ($180.09) 10-75852-070-03 4875 Safari Pass The Safari 3rd $912.09 $732.00 ($180.09) 10-75852-090-02 4883 Safari Pass The Safari 3rd $912,09 $732.00 ($180.09) Summary for'SR_N6r' = 14P955 (62 detail records) Sum $56,549.58 $45,384,04 ($11,165.58) Friday, oefober 31, 2008 -73 Page 2 of 2 I Agenda Information Memo November G, 2008 Eagan City Council Meeting F. PROJECT 958, TOWERVIEW ROAD STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING i ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 958 (Towerview Road - Street Overlay Improvements) and authorize its certification to Dakota County for collection. FACTS: ■ Project 958 provided for the street improvements of Towerview Road, west of Pilot Knob Road. The Final Assessment Roll was presented to the City Council on October 7, 2008, with a public hearing scheduled for November 6 to formally present the final costs associated with this public improvement to the affected benefiting properties. The final assessment cost is approximately 31% more the estimated benefit amounts that were presented at the original Public Hearing February 19, 2008. • ' All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on October 30 to address all property owners' questions or concerns and provide any additional information of interest. Of the 68 parcels (1 Public Facility, 1 Neighborhood Park, 2 Commercial] Industrial, 64 Residential Townhomes) being assessed, no one attended the meeting. I ATTACHMENTS: I ■ Final Assessment Report, pag7 through18-3. FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 958 Assessment: November 6, 2088 Name: Towerview Road Project Approval Bate: December 18, 2007 Street Improvements Final Feasibility Final Feasibility Rate Report Units Rate Report Units SANITARY STORM SEWER SEWER ❑ Trunk ❑ Trunk ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk WATER STREET ❑ Trunk B Public Facility 9.20 7.08 LE, F. ❑ Lateral Q Low-Density R2-3 115.40 $88 Lot ❑ Service 121 Neighborhood $6._15 4,66 /F.F. Park 3 ❑ Lat. Benefit/trunk © WAC © Comm/ Ind 289.26 219 Acre 9 Concrete Ent. See report OTHER STREET LIGHTS ❑ Service Pair ❑ Installation ❑ Energy Charge Contract Number of Interest Amount City Number Parcels Terms Rate Assessed Financed 08-03 68 51 10 Years 6.0% $44.900 F.R. $17.254 F.R. $93,547.21 $27,812.53 (F.R. = Feasibility Report) a City II of ma To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: October 30, 2008 Subject: Final Assessment Roll, Project 958 Towezview Road Street Improvements At the public hearing on December 18, 2007, the City Council ordered Project 958, and in accordance with the feasibility report, the following improvements were constructed: mill and overlay, replacement of traffic and street signage, the reconstruction of commercial/ industrial entrances with concrete entrance aprons, and the replacement of curb and gutter, as needed, for Towerview Road (west of Pilot Knob Road). The substantial reconstruction of the City's Sperry Water Tower service drive, in accordance with the City's Water Operations Capital Improvement Plan, was also included in the project. In the feasibility report, it was proposed to assess 50% to residential, 75% to public facilities, and 140% to commercial/ industrial properties of the street overlay and signage improvements, and 100% of the concrete entrance apron improvements, in accordance with the City Special Assessment Policy. The improvements were completed under Contract 08-03. The following information was used in the preparation of the assessment roll for Project 958. PROJECT COST The construction cost includes the amount of $82,298.04 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $36.37. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $39,125.35 were incurred resulting in an innprovement and project cost of $121,459.75. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER COSTS IMPROVEMENT FEASIBILITY IMPROVEMENT COST COST REPORT Street Resurfacing/ Sign Replace $31,364.47 $14,904.43 $46,268.90 $35,020 Concrete Ent. Aprons/ City 40,388.89 19,192.84 59,581.73 $19,110 Sperry Water Tower Drive Curb & Gutter Repair 10,581.01 5,028.11_ 15,609.12 M ON Totals $82,334.37. $39,125.38 $121,459.75 $52,150 1 ASSESSMENTS • TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this, assessment roll. • STREET EldPROVEMENTS The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: i UNIT EXTENDED ITEM UNTIT TY PRICE COST Mobilization L.S. 1 $7,000.00 $7,000.00 j Mill bituminous surface Sq. Yd. 1,860 0.50 930.00 Bituminous mat. for tack coat Gal. 300 3.10 930.00 Wear Course Mixture Ton 442.80 44.50 20,258.10 Traffic control L, S. 1 1,625.00 1,625.00 Adjust water valve box - riser Each 6 65.00 390.00 1. Adjust manhole casting - riser Each 3 195.00 195.00 Traffic signs L.S. 1 36.37 3637 s SUBTOTAL $31,364.47 ! Other costs @ 47.5% 14,904.43 Mill & Overlay/ Street Sign Cost $46,268.90 ■ CONCRETE ENTRANCE APRONS The costs of the concrete entrance apron improvements were computed using the following unit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Remove cork curb & gutter L.F. 260 $4.65 $1,209.00 Remove bituminous pavement Sq. Yd. 490 3.35 1,641.50 Remove conc. valley gutter Cu. Yd. 20 12.00 240.04 -Common excavation Cu. Yd. 393 17.04 6,681.04 Aggregate base, Cl 5 Ton 167.33 12.40 2,576.88 Wearing course mixture Ton 52.41 45.75 2,397.76 Non-wear mixture Ton 77.5 42.00 3,255.00 Compost (LV) Ton 13.30 13.50 179.55 Conc. curb & gutter D412 L.F. 449 12.45 5,590.05 7" Concrete Driveway Entrance Sq. Yd. 320 43.70 13,984.00 Wear Course Patch - Driveways Sq. Yd. 75 13.35 1,001.25 Adjust CB casting Each 2 250.00 500.00 Seeding wl erosion control blanket Sq. Yd. 250 1,75 437.50 Sodding Sq. Yd. 183 3.80 695.40 SUBTOTAL $40,388.89 2 • I i Other costs @ 47.5% $19,192.84 i Concrete Entrance Apron/ Sperry $59,581.73 Service Drive Cost • IMPROVEMENT AND ASSESSMENT RATES Street Overlay - Public Facility (City Sperry Water Tower Site) 1) % Public Facility = 200 f f l 3,750 (total ff} 5.3% 2) [$46,268.90 (Mill & Overlay Cost) x 75% x 5.3%] = $1,839.19 [Total Public Facility Assessment] 3} $1,839.19 Total Public Facility Assessment 4 $9.201 F.F. 200 Public Facility F.F. Street Overlay -Neighborhood Parks 1) % Parks Assessable = 665 ff 13,750 (total f.f.) = 17.7% 2) [$46,268.90 (Mill & Overlay Cost) x 50% x 17.7%] =$4,094.80 (Total Commercial/ Industrial Assessment) 3) $4,094.80 Commercial/Industrial Assessment 4 $6.161 front foot 665 Front Foot - Parks Street Overlay - Low Density Residential - Townhome Lots (R-Z, R-3) 1) % Townhome Residential (R2,3) = 1,210 f.f 13,750 (total ff) = 32.2% 2) [$46,268.90 (Mill & Overlay Cost) x 50% x 32.2%] _ $7,449.29 [Total Townhome Res. Assessment (R2, 3)] 3) $7,449.29 Total Towaihorne Residential Assessment 4 $1.16.40/ unit 64 Townhome Residential Units Street Overlay - Commercial/ Industrial j 1) % Commercial/Industrial Assessable = 1,675 ff. 3,750 (total ff) ~ 44.7% 2) [$46,268.90 (Mill & Overlay Cost) x 100% x 44.7%] =$20,682.20 (Total Commercial/ Industrial Assessment) 3) $20,682.20 Commercial/Industrial Assessment 4 $289.261 acre 71.5 Net Acres Commercial/Industrial -79 o Concrete Entrance Aprons According to the City Special Assessment Policy this improvement is to 100% assessed. Because specialized improvements were necessary to accommodate one benefiting property, the City's SpelTy Water Tower, , assessment costs will be allocated to benefitting properties based on the individual entrance improvement costs for each commercial/ industrial property (3 total), The proposed assessment rate for each property for concrete entrance improvements is proposed as follows: 3199 Pilot Knob Road - Unisys: $7,781.98 1500 Towerview Road - Northwest Airlines: $13,493.07 YCity Sperry Water Tower- 1420 TowerviewRoad: $38,306.68 ASSESSMENT TERMS The assessments are proposed for a term of 5 years for low-density residential properties and 10 years for commercial/ industrial properties. The interest rate is 6.0% per annum on the unpaid balance. I I CITY REVENUES (RESPONSIBLL= IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Street Resurfacing/ Signs $46,268.90 $34,065.48 {$12,203.41} Concrete Ent. Aprons/ City 59,581.73 59,581.73 Water Tower Serv. Dr. Curb & Gutter Repair 15649.12 (15,609.12) Total $121,459.75 $93,647.21 ($27,812.53) ■ CITY FUND RESPONSIBILITY Major Street Fund: $27,812.53 a/21 ]ohs order, P.E. Reviewed t Reviewed Public Works Department Fina e Department °C3 03- 31 -D$ Date - - Date C:Thomas A. Colbert, Director of Public Works/ Mike Dougherty, City Attorney/ Sue Sheridan, Accountant I 3 ~II LEGEND LONE OAK ROAD-- J y 1 M Assessment Area f~ RM-0 99M 3094 MOB Street Improvements { 3G18 I Commercial I industrial - $ 289.251 Acre , 3006 3Q12' ; 'i r Townhouse Residential - $ 116.00 1 Unit ~ -.~~9,5 a~,s I ~ l SC.riCK]L I'HST, IJ(1, 147 - 025 9 3 H 'i9C72 3020 SYtrE'@@&9;l•k Public Facifity - $ 9.201 F.F. ? E r • ■ s • r r Neighborhood Park - $ 5.161 F.F. 102, X24 Gt -2e 9 aaz7 soza a02 7~C Concrete Driveway - ( Final Assessment _ 3 I Entrance Replacement based on cast } s f li 3033 +303p 3034 9 3_ 'Y 3045.• 3fl4 J TA 23 24 ~e 3049 ,444E . 3042 i! __4 w S 3053 ] 1 t pp 30Ea 29«•R PILOT KNOB PARK ans7 f y oaeF P' aaso ;t 25 zS „,~r, r Cl7Y OF EAGAid 3aot l~v in r 3068 012-02 ~ us.eZ s zit-w .-..r 26 l'7 ~c 7 306s ~_S6r0s2'3064 3- 3977 ~?nnn- 37>77TL'i07 a070 I ''F ~ mne,s ; ,w7n1 mrra ~mm ' 6 S ' 4 V V I 665 F, F. aa7s fu ag 4 rasa j~ e _ 3 10 F, F 1 ® f -•-i- • • • 7 f • • • • 70EF2VIFW ii9f~P 200 F,F. ~ #3795 f ~ I II OF EAGAN ~ I / F pa: 39.0 ores f ~J f .F Unisys 00 f f 15013 0 32.5 Acres f i Northwest < r, j n Airlines _ u3 ~ ~ f r r ~ f! r ' fIE =0 Emu= INS= ffimm r t t o n i ~ l G:PROJECT do CONTRACT INFO 0958 744lERVIEW RD FFA53BILffY REPO FIC-2 Towerview Road Ci> City of Eajan Neighborhood Street Revitalization 09-16-2008 Engineering Department Project 958 - Final Assessments Combined Assessment Fall Project Number IOP958 Proposed Pending PID Address Addition Nance Assessment - Assessment varirrrace 10-00900-012-02 Section 9 $4,096,44 $3,100,00 {$996.40} 10-76800-001-02 3418 Timberwood Tr Timberwood Village $116.40 $88.00 ($28,40) 10-76800-002-02 3016 Timbenvood Tr Timberwood Village $116.40 $88.04 ($28.40) 10-76840-003-02 3012 Timberwood Tr Timberwood Village $116.40 $88.00 ($28.40) 10-76800-004-02 3094 Timberwood Tr Timberwood Village $116.40 $88.00 ($28.40) 10-76800-005-02 3026 Timberwood Tr Timberwood Village $116.40 $88.00 ($28.40) 10-76800-006-02 3024 Timbenvood Tr Timberwood Village $116.40 $88.00 ($28.40) 10-76800-007-02 3022 Timberwood Tr Timberwood Village $116.40 $88.00 ($28.40) 10-76800-008-02 3024 Timberwood Tr Timberwood Village $116.40 $88.00 {$28,40} 10-76800-009-02 3034 Timberwood Tr Timberwood Village $116.44 $88.00 ($28.40) 10-76800-010-02 3030 Timberwood Tr Timberwood Village $116.40 $88.00 {$28.40} 10-76800-011-02 3028 Timberwood Tr Timbermod Village $116.40 $88.00 ($28.40) 10-76800-012-02 3432 Timberwood Tr Timberwood Village $116.40 $88.00 ($28.40) 10-76800-013-02 3042 Timberwood Tr Timberwaad Village $116.40 $88.00 ($28.40) 10-76800-014-02 3040 Timberwood Tr Timberwood Village $116.40 $88.00 ($28.40) 10-76800-015-02 3036 Timberwiood Tr Timberwood Village $116.40 $88.00 {$28.40} 10-76800-016-02 3038 Timberwood Tr Timberwood Village $116.40 $88.00 ($28.40) 10-76800-017-02 3050 Timberwood Tr Timberwood Village $916.40 $88.00 {$28,40} 10-76800-018-02 3048 Timberwood Tr Timberwood Village $116.40 $88.00 ($28.40) 10-76800-019-02 3044 Timberwood Tr Timberwood Village $116.40 $88.00 ($28.40) 10-76800-020-02 3046 Timberwood Tr Timberwood Village $116.40 $88.00 ($28.40) 10-76800-021-02 3056 Timberwood Ct Timberwood Village $116.40 $88.00 {$28.40} 10-76800-022-02 3054 Timberwood Tr Timberwood Village $916.40 $88.00 ($28.40) 10-76800-023-02 3052 Timberwood Tr Timberwood Village $116.411 $88.00 ($28.40) 10-76800-024-02 3058 Timberwood Ct Timberwood Village $116.40 $88.00 ($28.40) 10-76800-025-02 3064 Timberwvood Ct Timberwfood Village $116.40 $88.00 ($28.40) 10-76800-026-02 3062 Timberwood Ct Timberwood Village $116.40 $88.00 ($28,40) 10-76800-027-02 3060 Timberwood Ct Timberwood Village $116.40 $88.00 ($28.40) 10-76800-028-02 3066 Timberwood Ct Timberwood Village $916.40 $88.00 ($28.40) 10-76800-029-02 3068 Timberwood Ct Timberwood Village $116.40 $88.00 ($28.40) 10-76800-030-02 3074 Timberwood Ct Timberwood Village $116.40 $88.00 ($28,40) 10-76800-031-02 3072 Timberwood Ct Timberwood Village $116.40 $88.00 ($28.40) 10-76800-032-02 3070 Timberwood Ct Timberwood Village $916.40 $88.00 ($28.40) Friday, October 31, 2008 / Page I of 3 Comhined Assessment Doll Project Number 1 OP958 Proposed Pending PID Address Addition Name Assessment Assessment Variance 10-76800-033-02 3078 Timberwood Ct Timberwood Village $116.40 $88.00 ($28.40) 10-76800-034-02 3082 Timberwood Tr Timberwood Village $116.40 $88.00 ($28.44) 10-76800-035-02 3080 Timberwood Tr Timberwood Village $116.40 $88.00 ($28.40) 10-76800-036-02 3076 Timberwood Ct Timberwood Village $116.40 $88.00 ($28,40) 10-75800-037-02 3083 Timberwood Tr Timberwood Village $116.40 $88.00 ($28.40) 10-76800-038-02 3079 Timberwood Tr T€mberwood Village $116.40 $88.00 ($28.40) 10-75800-039-02 3077 Timberwood Tr Timberwood Village $116.40 $88.00 ($28.40) 10-75800-040-02 3081 Timberwood Tr Timberwood Village $116.44 $88.00 ($28,40) 10-76800-041-02 3063 Timberwood Tr Timberwood Village $116.40 $88.00 ($28.40) 10-76800-042-02 3065 Timberwood Tr Timberwood Village $116.40 $88.00 ($28.40) 10-76800-043-02 3061 Timberwood Tr T€mberwood Village $116.40 $88.00 ($28.40) 10-76800-044-02 3059 Timberwood Tr Timberwood Village $116.40 $88.00 ($28.40) 10-75800-045-02 3055 Timberwood Tr Timberwood Village $116.40 $88.00 ($28,40) 10-76800-046-02 3057 Timberwood Tr Timberwood Village $916,40 $88.00 ($28.44) 10-76800-047-02 3053 Timberwood Tr Timberwood Village $116.40 $88.00 ($28.40) 10-76800-048-02 3051 Timberwood Tr Timberwood Village $116.40 $88.00 ($28.44) 10-76800-049-02 3047 Timberwood Tr Timberwood Village $116.40 $88.00 ($28.40) 10-75800-050-02 3049 Timberwood Tr Timberwood Village $116.40 $88.00 ($28.40) 10-76800-051-02 3045 Timberwood Tr Timberwood Village $916,40 $88.00 ($28.40) 10-76804-052-02 3043 Timberwood Tr Timberwood Village $116.40 $88.00 ($28,40) 10-76800-053-02 3031 Timberwood Tr Timberwood Village $116.40 $88.00 ($28.44) 1 10-76804-054-02 3033 Timberwood Tr Timberwood Village $116.40 $88.00 ($28.40) 10-76800-055-02 3029 Timberwood Tr Timberwood Village $116.40 $88.00 ($28.40) 10-76800-055-02 3027 Timberwood Tr Timberwood Village $116.40 $88.00 ($28.40) 10-76800-057-02 3021 Timberwood Tr Timberwood Village $116.40 $88.00 ($28.40) 10-76800-058-02 3023 Timberwood Tr Timberwood Village $116.40 $88.00 ($28,40) 10-76800-059-02 3025 Timberwood Tr Timberwood Village $116.40 $88.00 ($28.40) 10-76800-064-02 3019 Timberwood Tr Timberwood Village $116.40 $88.00 ($28.40) 10-76800-061-02 3014 Timberwood Tr Timberwood Village $116.40 $88,00 ($28.40) 10-76800-062-02 3006 Timberwood Tr Timberwood Village $196.40 $88.00 ($28.40) 10-76800-063-02 3004 Timberwood Tr Timberwood Village $116.40 $88.00 ($28.40) 10-75800-064-02 3008 Timberwood Tr Timberwood Village $116.40 $88.00 ($28.40) 10-79950-010-01 1420 Towerview Rd Unisys Park $40,146.68 $5,600.00 ($34,546.68) 10-79950-020-01 3199 Pilot Knob Rd Unisys Park $17,182.93 $16,670.00 ($512.93) Friday, October 31, 2008 Page 2 of 3 Combined Assessment Roll Project Number 1OP958 Proposed Pending PID Address Addition Nance Assessment Assessment Variance 10-79950-030-01 1304 Towerview Rd Unisys Para[ $24,774.21 $13,890.00 ($10,884.21) Summaryfor 'SA Mi' = 1OP958 (68 detail records) Sum $93,649,82 $44,892.00 ($46,757.82) ~I I I { j { 1 I Friday, October 31, 2008 ? Page 3 of 3 Agenda Information Memo November G, 2008 Eagan City Council Meeting G. PRO.IECT 950, BRITTANY 8 ° x ---10111" ADDITIONS STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 960 (Brittany Wil-10"' Additions - Street Overlay Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 950 provided for the street improvements of various streets within the Brittany 01-10" Additions neighborhood, located south of Cliff Road and east of Tohi y Cale Ridge Road in south-central Eagan. ■ The Final Assessment Roll was presented to the City Council on October 7, 2008, with a public hearing scheduled for November 6 to formally present the final costs associated with this public improvement to the affected benefiting properties. ■ The final assessment cost is approximately 5% ($38 per lot) more the estimated benefit amounts that were presented at the original Public Hearing January 15, 2008. • All notices have been published-in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on October 30 to address all property owners' questions or concerns and provide any additional information of interest. Of the 89 parcels tall Single-family) being assessed, no one attended the meeting. ATTACHMENTS: Final Assessment Report, pages through. I ~I FINAL. ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 960 Assessment: November 6, 2008 Name: Brittany 8t"-10th Additions Project Approval Date: 7anuary 15, 2008 Street Improvements Final Feasibility Final Feasibility Rate Report Units Rate Report Units SANITARY STORM SEWER SEWER © Trunk ❑ Trunk © Lateral © Service ❑ Lat. Benefit/trunk WATER STREET © Trunk ❑ Gravel Base © Lateral El Surfacing/ Signs 887.59 850 Lot ❑ Service © Multi Family Equiv. ❑ Lat. Benefit/trunk ❑ WAC ❑ C/I Equiv. Cl Driveway OTHER STREET LIGHTS © Service Pair 0 Installation D Energy Charge Contract Number of Interest Amount C[tV Number Parcels Terms Rate Assessed Financed 08-03 89 5 Years 6.0% $74,000 F.R. $139,580 F.R. $78,995.03 $124,720.24 (F.R. = Feasibility Report) I I nf~ City of ETo: Mayor and City Council From: John Gorder, Assistant City Engineer Date: October 30, 2008 Subject: Final Assessment Roll, Project 960 Brittany Sts -10"' Additions Street Overlay Improvements At the public hearing on January 15, 2008, the City Council ordered Project 960, and in accordance with the feasibility report, the following improvements were constructed: mill and overlay and replacement of traffic and street signage for the streets within the Brittany 8`s - 10`x' neighborhood, and replacement of curb and gutter as needed. In the feasibility report, it was proposed to assess 50% of the street overlay and signage improvements in accordance with the City Special Assessment Policy. The improvements were completed under Contract 08-03. The following information was used in the preparation of the assessment roll for Project 960. PROJECT COST The construction: cost includes the amount of $153,545.19 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $2,041.11. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $48,129.97 were incurred resulting in an improvement and project cost of $203,715.27. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER COSTS IMPROVEMENT FEASIBILITY IMPROVEMENT COST COST REPORT Street Resurfacing/ Sign Replace $124,664.12 $37,326.94 $157,991.06 $147,990 Curb & Gutter Repair 34,922.18 10,803.03 45,725.21 $65,590 Totals $155,586.310 $48,129.97 $203,716.27 $213,580 1 ' i I ASSESSMENTS • TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. ■ STREET IMPROVEMENTS The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Mobilization L.S. 1 $7,040.00 $7,000.40 Mill bituminous surface Sq. Yd. 7,614 0.50 3,807.00 Bituminous mat. for tack coat Gal. 725 3.10 2,247.50 Wear Course Mixture Ton 1,97035 45.75 90,143.51 Traffic control L. S. - 1 1,625.00 1,625.00 Adjust water valve box - riser Each 15 69.00 1,035.00 Adjust manhole casting - complete Each 16 450.00 7,200.00 Adjust manhole casting - riser Each 21 195.00 4,095.00 Repair gate valve top section wl cover Each 3 240.00 720.00 Repair gate valve - mid section Each 3 250.00 750.00 Traffic signs L.S. 1 2,041.11 2,041.1 I SUBTOTAL $120,664.12 Other costs @ 31.4% 37,326.94 Mill & Overlay/ Street Sign Cost $157,991.06 • IMPROVEMENT AND ASSESSMENT RATES All assessable properties within the project area are low-density residential. The improvement and assessment rates for low-density residential property are computed as follows: 1) [$157,991.06 {Mill & Overlay Cost+ Signage Cost} x 50%] = $78,995.03 [Total Residential Assessment (R-1, 2)] 2} $ 7$,995.03 (Total Residential Assessment) 4 $887.591 lot 89 Single Family Residential Lots • ASSESSMENT TERMS The assessments are proposed for a term of 5 years. The interest rate is 6.0% per annum on the unpaid balance. 2 CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY _ IMPROVEMENT COST REVENUE RESPONSIBILITY Street Resurfacing/ Signs $157,991.06 $78,995.03 ($78,995.03) Curb & Gutter Repair 45,725.21 (45 725.21 I Total $203,716.27 $78,99.03 ($124,720.24) ■ CITY FUND RESPONSIBILITY Major Street Fund: $124,720.24 win lobs order, P.E. Reviewed Reviewed r Public Works Department Fin Department i o -3 -D 3 t ag.........._._..:_. Date Date i i i C: Thomas A. Colbert, Director of Public Works ~ i Mike Dougherty, City Attorney Sue Sheridan, Accountant I i i 1 3 3 V LEGEND 3 Q $ 887.59 per Lot Assessment street ImProvrnerits € I TON L N. woo M INK IM AN Assessment Area CQ~lFVG j ~ 3535 ~ J ` ~-9533 , 1527 RON ~f 4721 5 ✓ 4739 353 " N 4737 4734 111 3 s` 'l I 524 952 ~4744 1528 1597 4747 ,4755 4763 4 4750 4759\ \r r A~+y~,~~ P,q 4787 4f y a 4773/ V 4 4769 € 9505 4777 f 3538 4766 4781 3519 4777. 3537 SHERWOOD WAY 4785 3523 4789 35'€2 IL 9525 1 3527 3523 3519 1515 E 1511 3529 3554 3543 1539 3`43.3 / 1528 e J f , / ` U+ WELLiNG7pN WILY ~ ' SHE W O❑ ~ f 48495 5 µ ~i 35z WAY _ _ saz s 1551 ` r 4860 4853k 3518 ~t Z 1534 3514 z 4 3538 /4852 u° 4857 64 y 4857 4857 E 4858 a~ ? 486 gg 4856 - q 4863 4862 4 860 I~! - 4x72 ?1 4867 / f 4878 4 69 48E8 J\ (J~ 1 14-1 4884 4674 4871 ezR 4884 4884 4875 4889 4879 4883 j 4885 NORTF~ MIRE a:r...,,x-.MMawMINK awRRMI MINK MM RRM s nomt M-N R-0 IMIM V f'1 Brittany 8th-1Otb Additions Neighborhood Street Revitalization 09122/2008 ¢ City of Ekau Engineering Department 60~'~ Project 960 - rinal Assessments i i Combined Assessment Roll Project Number 1OP960 Proposed Pending PID Address Addition Name Assessment Assessment Variance I 10-15006-010-01 1551 Sherwood Way Brittany 7th $887.59 $850.00 ($37.59) 10-15006-010-02 1550 Sherwood Way Brittany 7th $887.59 $850,00 ($37.59) 10-15006-020-01 1543 Sherwood Way Brittany 7th $887.59 $850.00 ($37,59) 10-15006-020-02 4857 Windsor Ct Brittany 7th $887.59 $850.00 ($37.59) 10-15006-030-01 1539 Sherwood Way Brittany 7th $887.59 $850.00 ($37.59) 10-15006-030-02 4863 Windsor Ct Brittany 7th $887.59 $850.00 {$37.59) 10-15006-040-02 4869 Windsor Ct Brittany 7th $887.59 $850.00 ($37.59) 10-15006-050-02 4875 Windsor Ct Brittany 7th $887.59 $850.00 ($37.59) I 10-15005-060-02 4881 Windsor Ct Brittany 7th $887.59 $850.130 ($37.59) 10-15006-070-02 4886 Windsor Ct Brittany 7th $887.59 $850.00 ($37.59) 10-15006-080-02 4880 Windsor Ct Brittany 7th $887.59 $850.00 ($37.59) 10-15006-090-02 4874 Windsor Ct Brittany 7th $887,59 $850.00 ($37.59) 10-15006-100-02 4868 Windsor Ct Brittany 7th $887.59 $8513.00 ($37.59) 10-15006-110-02 4862 Windsor Ct Brittany 7th $887.59 $850.00 ($37.59) 10-15006-120-02 4856 Windsor Ct Brittany 7th $887.59 $850.00 ($37.59) 10-15006-130-02 1538 Sherwood Way Brittany 7th $887.59 $850.00 ($37.59) 10-15007-010-01 1533 Sherwood Way Brittany 8th $887.59 $850.40 ($37.59) 10-15007-010-02 1532 Sherwood Way Brittany 8th $887.59 $850.00 ($37.59) 10-15007-020-01 1529 Sherwood Way Brittany 8th $887.59 $850.00 ($37.59) 10-15007-020-02 4857 Knottingham Cir Brittany 8th $887.59 $850.00 ($37.59) 10-15607-430-02 4863 Knottingham Cir Brittany 8th $887.59 $854.00 ($37.59) 10-15007-040-02 4867 Knottingham Cir Brittany 8th $887.59 $850.00 ($37.59) 10-15007-050-02 4871 Knottingham Cir Brittany 8th $887.59 $850.00 ($37.59) 10-15007-060-02 4875 Knottingham Cir Brittany 8th $887.59 $850.00 ($37.59) 10-15007-070-02 4875 Knottingham Cir Brittany 8th $887.59 $850.40 ($37.59) 10-15007-080-02 4883 Knottingham Cir Brittany 8th $887.59 $850.00 ($37.59) 10-15007-090-02 4884 Knottingham Cir Brittany 8th $887.59 $850,00 ($37.59) 10-15007-100-02 4880 Knottingham•Cir Brittany 8th $887,59 $850.40 ($37.59) 10-15007-110-02 4876 Knottingham Cir Brittany 8th $887.59 $850.00 ($37.59) 10-15007-120-02 4872 Knottingham Cir Brittany 8th $887,59 $850.00 ($37.39) 10-15007-130-02 4868 Knottingham Cir Brittany 8th $887.59 $850,00 ($37.59) 10-15007-140-02 4864 Knottingham Cir Brittany 8th $887.59 $850.00. ($37.59) 10-15007-150-02 4860 Knottingham Cir Brittany 8th $887.59 $850.00 ($37.59) Friday, October 31, 2008 Q Page I of 3 b ~ ' Combined Assessment Roll Project Number 1OP960 ~ Proposed Pending P1D Address Addition Name Assessment Assessment Variance 10-15007-160-02 1528 Sherwood Way Brittany 8th $887.59 $854.00 {$37.59} 10-95008-010-01 1531 Wellington Way Brittany 9th $887.59 $850.00 ($37.59) 10-15008-010-02 4849 Wellington Ct Brittany 9th $887.59 $85(3.00 {$37.59} 10-15008-010-03 1525 Sherwood Way Brittany 9th $887.59 $850.00 ($37.59) 10-15008-020-01 1527 Wellington Way Brittany 9th $887.59 $850.00 ($37.59) 10-95008-020-02 4853 Wellington Ct Brittany 9th $887.59 $850.00 ($37.59) 3 10-15008-030-01 1523 Wellington Way Brittany 9th $887.59 $850.00 ($37.59) 10-15008-030-02 4857 Wellington Ct Brittany 9th $887.59 $850.00 ($37.59) 10-15008-040-01 1519 Wellington Way Brittany 9th $887.59 $850.00 ($37.59) 10-95008-040-02 4860 Wellington Ct Brittany 9th $887.59 $850.40 ($37.59) 1 10-15008-050-01 9515 Wellington Way Brittany 9th $887.59 $850,00 ($37.59) 10-15008-050-02 4856 Wellington Ct Brittany 9th $887.59 $850.00 ($37.59) i 10-15008-060-01 1511 Wellington Way Brittany 9th $887.59 $850.00 ($37.59) 10-95008-060-02 4852 Wellington Ct Brittany 9th $887.59 $850.00 ($37.59) I 10-15008-070-02, 1520 Wellington Way Brittany 9th $887.59 $850.00 ($37.59) 10-15008-080-02 3518 Wellington Way Brittany 9th $887.59 $850.00 ($37.59) .10-15008-090-02 1514 Wellington Way Brittany 9th $887.59 $850.00 ($37.59) 10-15008-100-02 1510 Wellington Way Brittany 9th $887.59 $850.00 ($37.59) 10-15009-030-01 4721 Westminster Cir Brittany 10th $887.59 $850.00 ($37.59) 10-15009-040-01 4733 Westminster Cir Brittany 10th $887.59 $850.00 ($37.59) 1 10-15009-050-01 4737 Westminster Cir Brittany 10th $887.59 $850.00 ($37.59) 1 10-15009-050-01 4747 Westminster Cir Brittany 70th $887.59 $850.00 ($37.59) 10-15009-070-01 4761 Westminster Cir Brittany 10th $887.59 $850.00 ($37.59) 10-15009-080-01 4760 Westminster Cir Brittany 10th $887.59 $850.00 ($37.59) 10-95009-390-01 4744 Westminster Cir Brittany 10th $887.59 $850.00 ($37.59) 10-15009-100-01 4734 Westminster Cir Brittany 10th $887.59 $850.00 ($37.59) 10-15009-110-01 4730 Westminster Cir Brittany 10th $887.59 $850.00 ($37.59) 10-15009-120-01 1530 Covington Lane Brittany 70th $887.59 $850.00 ($37.59) 10-15009-130-01 1528 Covington Lane Brittany 10th $887.59 $850.00 ($37.59) 10-15009-140-01 4755 Landon Lane Brittany 10th $887.59 $850.00 ($37.59) 10-15009-150-01 4761 Landon Lane Brittany 10th $887.59 $850.00 ($37.59) 10-15009-150-01 4767 Landon Lane Brittany 10th $887.59 $850.00 ($37.59) 10-15009-170-01 4773 London Lane Brittany 10th $887.59 $850.00 ($37.59) 10-15009-180-01 4777 Landon Lane Brittany 90th $887.59 $850.00 ($37.59) E iday, October 31, 2008 Page 2 43 Combined Assessment Roll Project Number IOP960 Proposed Pending PID Address Addition Nrante Assessment Assessment Variance 3 10-15009-190-01 4781 London Lane Brittany 19th $887.59 $850.94 ($37.59) 10-15049-200-01 4785 London Lane Brittany 10th $887.59 $859.04 ($37.59) 10-15009-291-41 4789 London Lane Brittany 10th $887.59 $850.00 ($37.59) 10-15049-222-41 4784 London Lane Brittany 10th $887.59 $850.00 ($37.59) 14-15009-230-01 4778 London Lane Brittany 10th $887.59 $859.00 ($37.59) 14-15049-240-41 4772 London Lane Brittany 10th $887,59 $850,00 ($37.59) 10-15009-250-01 4766 London Lane Brittany 10th $887.59 $850.00 ($37.59) 14-15009-260-01 4764 London Lane Brittany 10th $887.59 $850.00 ($37.59) 10-15009-270-41 1518 Covington Lane Brittany 10th $887.59 $850.00 ($37.59) I 10-15009-280-01 1516 Covington Lane Brittany 10th $887.59 $850.00 ($37.59) 10-15009-290-41 1511 Sherwood Way Brittany 10th $887.59 $850.00 ($37.59) ~ 10-95049-340-41 1517 Sherwood Way Brittany 10th $887.59 $850.00 ($37.59) 14-95009-310-01 1521 Sherwood Way Brittany 10th $887.59 $850.04 ($37.59) 10-57660-410-01 1535 Covington Lane Pinetree Pass $887.59 $850.00 ($37.59) 10-57660-020-01, 1531 Covington Lane Pinetree Pass $887.59 $850.00 ($37.59) 10-57660-030-01 1527 Covington Lane Pinetree Pass $887,59 $850.00 ($37.59) 10-57665-010-01 1521 Covington Lane Pinetree Pass 6th $887.59 $850.04 ($37.59) 14-57665-420-01 1517 Covington Lane Pinetree Pass 6th $887.59 $850.00 ($37.59) 10-57665-050-02 1505 Covington Lane Pinetree Pass 6th $887.59 $850.04 ($37.59) 10-57665-1601-02 1512 Sherwood Way Pinetree Pass 6th $887.59 $850.00 ($37.59) 3 10-57665-170-02 1516 Sherwood Way Pinetree Pass 6th $887,59 $850.00 ($37.59) I 14-57667-080-03 1523 Covington Lane Pinetree Pass 8th $887.59 $854.40 ($37,59) 3 Summary for 'SA-Nbr' = 14P960 (69 detail records) l Sure $78,995.51 $75,650.04 ($3,345.59) I I rriday, October 31, 2008 Page .3 of 3 Agenda Information Memo November 6, 2008 Eagan City Council Meeting H. PROJECT 961., BUR OAK HILLS STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 961. (Bur Oak Hills - Street Overlay Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 961 provided for the street improvements of various streets within the Bur Oak Hills neighborhood; located east of Highway 149 and north of Yanlcee Doodle Road in northeast Eagan. • The Final Assessment Roll was presented to the City Council on October 7, 2008, j v~ ith a public hearing scheduled for November 6 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment cost is approximately 14% less than the estimated benefit amounts that were presented at the original Public Hearing January 15, 2008. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on October 30 to address all property owners' questions or concerns and provide any additional information of interest. Of the 210 parcels (249 Single-Family, 1 Park property) being assessed, no one attended the meeting. 3 ATTACHMENTS: i • Final Assessment Report, pages through 9~ FINAL ASSESSMENT HEARING PROJECT- PUBLIC HEARING DATES Number: Project 961 Assessment: November 6, 2008 Name: Bur ❑ak Hills Project Approval Date: January 15, 2008 Street Improvements Final Feasibility Final Feasibility Rate Report Units Rate Report Units SANITARY STORM SEWER SEWER ❑ Trunk © Trunk ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk WATER STREET ❑ Trunk ❑ Gravel Base ❑ Lateral Q Surfacing/ Signs $1,025.75 $1,200 Lot © Service Q Neighborhood 11.62 13.60 /F. F. Park ❑ Lat. Benefit/trunk ❑ WAC ❑ CJI Equiv. ❑ Driveway OTHER STREET LIGHTS i ❑ Service Pair ❑ Installation ❑ Energy Charge Contract Number of - Interest Amount City Number Parcels Terms Rate Assessed Financed 08-03 210 5 Years 6,0% $2-56,360 F.R. $383,320 F.R. $219,204.88 $302,902.40 (F.R. = Feasibility Report) L I City of ETo: Mayor and City Council From: John Gorder, Assistant City Engineer Date: October 30, 2008 Subject: Final Assessment Roll, Project 961 Bur Oak Hills Additions Street Improvements At the public hearing on Januaiy 15, 2008, the City Council ordered Project 961, and in accordance with the feasibility report, the following improvements were constructed: mill and overlay/ reclaim, and replacement of traffic and street signage for the streets within the Bur Oak Hills neighborhood, and replacement of curb and gutter as needed. In the feasibility report, it was proposed to assess 50% of the street and signage improvements in accordance with the City Special Assessment Policy. The improvements were completed under Contract 08-03. The following information was used in the preparation of the assessment roll for Project 961. PROJECT COST The construction cost includes the amount of $431,915.38 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $3,796.99. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $85,394.91 were incurred resulting in an improvement and project cost of $522,107.28. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER COSTS IMPROVEMENT FEASIBILITY IMPROVEMENT COST COST REPORT Street Resurfacing/ Sign Replace $365,864.56 $72,545.19 $438,409.75 $512,720 Curls & Gutter Repair 69,847.81 .13.849.72 83,697.53 $126,960 Totals $435,712.37 $86,394.91 $522,107.28 $639,680 1 ASSESSMENTS • TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. • STREET IMPROVEMENTS The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Mobilization L.S. 1 $7,000.00 $7,000.00 Remove reclaimed material Cu. Yd. 1,202 8.35 $10,036.70 Reclaim bit. pvmt & aggregate Sq. Yd. 10,850 1.35 14,647.50 Mill bituminous surface Sq. Yd. 12,490 4.50 6,245.00 Bituminous mat. for tack coat Gal. 3,245 3.10 10,059.50 Non-wear course mixture (binder) Ton 1,090.37 42.30 46,122.65 Non-wear course mixture (base) Ton 1,062.89 42,00 44,641.38 Wear Course Mixture Ton 4,287.36 45.75 196,146.72 Traffic control L. S. 1 1,625.04 1,625.00 Adjust water valve box - riser Each 30 65.00 1,950.00 Repair water valve box -top section Each. 7 240.00 1,680.00 Adjust manhole casting - complete Each 39 454.00 17,100.00 Adjust manhole casting - riser Each 24 195.00 4,680.00 Traffic signs L.S. 1 3,796.99 3,796.99 SUBTOTAL $365,864.55 Other costs cc 19.8% 72,545.19 Mill & Overlay/ Street Sign Cast $438,409.75 • IMPROVEMENT AND ASSESSMENT RATES Assessable properties within the project area are low-density residential. The improvement and assessment rates for low- density residential properties are computed as follows: 1) % Low-Density Residential (R1) = 18,357 f.f. l 18,772 (total ff.) = 97.8% 2) [$438,409.75(Mill & Overlay Cost + Signage Cost) x 50% x 97.8%] = $214,382.37 [Total Res..llssmt (1- 1, 2,3)] 3) $214,382.37 Total Residential Assessment 4 $1,025.75 /lot 209 Single Family Residential Lots The improvement and assessment rates for City park property are computed as follows: 1) % Park = 415 f:f. / 18,772 (total ff) = 2.2% 2 lip ' o 2) [$43 8,409.75 (Mill & Overlay Cost + Signage Cost) x 50% x 2.2%] $4,822.51 [Total Parks] 3) $4,822.51 (Total Parks Assessment ~ $11.621 F.F. 415 FT • ASSESSMENT TERMS The assessments are proposed for a term of 5 years. The interest rate is 6.0% per annum on the unpaid balance. i it CITY REVENUES [RESPONSIBILITY} IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Street Resurfacing/ Signs $438,409.75 $219,204.88 ($219,204.87) Curb & Gutter Repair 83,697.53 (83,b97.53) I Total $522,107.28 $219,204.88 ($302,902.40) I CITY FtJND RESPONSIBILITY Major Street Fund: $302,902.40 John 16order, P.E. Reviewed Reviewed v t- t 4J~ Public Works Department Fin e Department 3 91S, Date Date C: ' Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I I 3 LET 32L 32p2 CHAPEL LANE I 9 T1 13 3230 32 3214 r 553 549 545 32Q7 32A3 3199 31,95 3791 gf87 3224 55 * I5~ LU F I m+ e3mu ~a oas a 552„:., ~iu 237 , L 3230 32,39 3283 4tl - - 546 544. i - 221 4 3234 ¢ 341 0 :r 217 - Y; 3247 ~ "'Y g 3247x' _3244 1 7R ~ 3214 .S, dp - 3959 3449 3345 4;l .,.3248 `r 3242 328 F ,f 262 fit [3• 9433 _ iy ti7 24 'S. LIJ _ _ aN6 29 225 .rr' a K' 2 32 9 3246 246 = i - - R 25 n 297 250 553 322 ¢ ~ L 2 ~ p ,ytG 1 ~ :oy [ I 5d9 P; 325Q $ ~ A 662 C'. 3442 tea, ~ T~ _ ~'~JJ 3413 G'., 1 sr. 545 922b c~7 2~ S 573 r r . i r 567 : ~ 6.97I raM13 3 7 3258 'I '"3 +4 s7 "F 3a2s 4 O Fti, r ~T~ } ' f 282` 674sfis 3422 ,e E _ ~W 4' 534 558 554 55Q I ~ 87L y ■~7 845 841 837 639 82 V p 648 ..42 X21: Sas 5 r 'l ! ]-3RL3fi3e ❑AI ~ - y: 9242 858 _ 339 " _E i2 6 3275 3396 . Cti ~ 1 3273 65P 645 G62 S3S 639• 530 G28 3247 "i28S 334 `3256 539 3274 3279 ®~s a~ raa 3394 - u 339 S44 a~ ~p s~ 3 536 g 3390 54d 3277 ....3282 3377 SSi4 r - 3373 3355 g2g5 f 3'388 `ti: 3398 i t01.Lf-~ W~l' ` 3365 33F9 r~ 1832kq 'Fl1RL?.: t 3382 - Y xU FA 1 fiiQ eV) 3345 334137 3333 3.379 3325 3321 DfA, 3378w _ ~J! i - 1~ E •-E. 33Q3 3244 O 3322 ~ 337D 3396 f - - ~ " 33G2 , I z:,; c -.I L ! i r L 3298 3358 3354 3348 1 3342 3338 3334 1 3330 3326 - M02 3322 3338 3314 3310 ~q ~ ® 1® a ® ~ ~4 LL~ IIGUI LW{ 1~ i®AI i®1 m /~1 ~ ~ ~ YANKEE DOODLE ROAD LEGEND M tlns M Assessment Area _ , Street Improvements NORTH Residential Lots - $ 1,025.75 I Lot e r ■ s s Neighborhood Park - $ 17.62 ! F.F. Bur Dais Hills I Ofd Neighborhood Street Revitalization 10-12-2008 Engineering Department Project 961 - Final Assessments Combined Assessment Roll Project Number 1OP961 Proposed Pending PID Address Addition Neime Assessment Assessment Variaiace 10-15500-010-01 3262 Black Oak Or Bur Oak Hills $1,025.75 $1,200.00 $174.25 10-15500-010-02 3225 Red Oak Or Bur Oak Hills $1,025.75 $1,200,00 $174.25 10-15500-010-03 3221 Red Oak Or Bur Oak Hills $1,025.75 $1,200.40 $174.25 10-15500-010-04 3233 Rolling Hills Or Bur Oak Hills $1,025.75 $1,200.00 $174.25 10-15500-010-05 3230 Rolling Hills Or Bur Oak Hills $1,025,75 $1,200.00 $174.25 10-15500-010-06 3254 Black Oak Or Bur Oak Hills $1,425.75 $1,200.00 $174.25 10-15500-020-01 3266 Black Oak Dr Bur Oak Hills $1,025.75 $1,200.00 $974.25 10-15500-020-02 3229 Red Oak Or Bur Oak Hills $9,02575 $1,240.40 $174.25 10-15500-020-03 3217 Red Oak Or Bur Oak Hills $1,025.75 $1,200,00 $174.25 10-15500-020-04 3206 Red Oak Or Bur Oak Hills $1,025.75 $1,240.00 $174.25 10-15500-020-05 3234 Rolling Hills Or Bur Oak Hills $1,425.75 $1,200.00 $174.25 10-15500-030-00 Bur Oak Hills $4,822.50 $5,640,00 $817,50 10-15500-030-01 3270 Black Oak Or Bur Oak Hills $1,025.75 $1,200.00 $174.25 10-15500-030-02 545 77th St VV Bur Oak Hills $1,025.75 $1,200,00 $174.25 10-15500-030-03 544 Red Oak Ct Bur Oak Hills $1,425.75 $1,200.00 $174.25 10-15504-030-04 3210 Red Oak Dr Bur Oak Hills $1,025.75 $1,200,00 $174.25 10-15500-030-05 3238 Rolling Hills Or Bur Oak Hills $1,025.75 $1,200.00 $174.25 10-15504-044-01 3273 Black Oak ❑r Bur Oak Hills $1,425.75 $1,200.00 $174.25 10-15500-040-02 549 77th St W Bur Oak Hills $1,025.75 $1,200.00 $174.25 10-95500-040-03 548 Red Oak Ct Bur Oak Hills $1,025.75 $1,200.00 $174.25 10-15500-040-04 3214 Red Oak Or Bur Oak Hills $1,025.75 $1,200,00 $174.25 10-15500-040-05 3242 Rolling Hills Or Bur Oak Hills $1,025.75 $1,200.00 $174.25 10-15500-054-01 3269 Black Oak Or Bur Oak Hills $1,025.75 $1,200.00 $174.25 10-15500-050-02 553 77th St W Bur Oak Fulls $1,425.75 $1,200.00 $174.25 10-15500-054-03 552 Red Oak Ct Bur Oak Hills $1,425.75 $1,200.00 $174.25 10-155130-050-04 3218 Red Oak Dr Bur Oak Hills $1,025.75 $1,200.00 $174.25 10-15500-054-05 3246 Rolling Hills Or Bur Oak Hills $1,425.75 $1,200.00 $174,25 10-15500-060-01 508 77th St W Bur Oak Hills $1,025.75 $1,204.04 $17415 10-15540-964-02 557 77th 5t W Bur Oak Hills $1,425.75 $1,200,00 $174.25 10-15500-060-03 556 Red Oak Ct Bur Oak Hills $1,025.75 $1,200.04 $17415 10-13500-064-04 3222 Red Oak Or Bur Oak Hills $1,425.75 $1,200.00 $174.25 10-15500-060-05 3250 Rolling Hills Or Bur Oak Hills $1,025.75 $1,200.00 $174.25 10-15500-074-01 512 77th 5t W Bur Oak Hills $1,425.75 $1,200.00 $174,25 Friday, October 31, 2008 Page 1 of 7 9f Combined Assessment Roll Project Number IOP961 ' Proposed Pending PID Address Addition Nance Assessment Assessment Kirionee i 10-15500-070-02 561 77th St VII Bur Oak Hills $1,025.75 $1,200.00 $174.25 10-15500-076-03 553 Red Oak Ct Bur Oak Hills $1,025.75 $1,200.00 $174.25 10-15500-070-04 3226 Red Oak Dr Bur Oak Fulls $9,025.75 $1,200.00 $174.25 10-15500-070-05 3254 Rolling Hills Dr Bur Oak Hills $1,025.75 $1,200.00 $174.25 10-15500-080-91 3262 Rolling Hills Dr Bur Oak Hills $1,025.75 $1,200,00 $174.25 10-15500-080-02 565 77th St W Bur Oak Hills $1,025.75 $1,200.00 $174.25 10-15500-080-03 549 Red Oak Ct Bur Oak Hills $1,025.75 $1,200.00 $174.25 10-15560-080-04 537 77th St W Bur Oak Hills $1,025.75 $1,200.00 $174.25 10-15509-080-05 517 77th St W Bur Oak Hills $1,025.75 $1,200.00 $174.25 10-15500-990-92 562 77th St W Bur Oak Hills $1,025.75 $1,200.00 $174.25 10-15500-090-03 545 Red Oak Ct Bur Oak Hills $1,025.75 $1,209.90 $174.25 10-15500-099-04 533 77th St VII Bur Oak Hills $1,025.75 $1,200.00 $174.25 10-15500-090-05 3255 Black Oak Dr Bur Oak Hills $1,025.75 $1,200.00 $17425 10-15500-100-02 558 77th St W Bur Oak Hills $1,025.75 $1,200.99 $174.25 10-15500-109-03 . 3211 Red Oak Or Bur Oak Hills $1,025.75 $1,200.00 $17425 10-95500-100-04 3257 Rolling Hills Dr Bur Oak Hills $1,025.75 $1,200.09 $174.25 10-15500-110-02 554 77th St W Bur Oak Hills $1,025.75 $1,200.40 $174.25 10-15500-110-03 3207 Red Oak Dr Bur Oak Hills $1,025.75 $1,200.00 $174.25 10-15500-110-94 3253 Rolling Hills Dr Bur Oak Hills $1,025.75 $1,200.00 $174,25 10-15500-120-02 559 77th St W Bur Oak Hills $1,025.75 $1,200.09 $174.25 10-95500-120-03 3203 Red Oak Dr Bur Oak Hills $1,025.75 $1,299.00 $174.25 10-15500-120-04 3249 Rolling Hills Dr Bur Oak Hills $1,025.75 $1,2007.00 $174.25 10-15500-136-02 546 77th St W But Oak Hills $1,025.75 $1,200.00 $174.25 10-15590-130-93 3199 Red Oak Dr Bur Oak Hills $1,025.75 $9,2001.00 $174.25 19-15500-130-014 3245 Rolling Hills Dr Bur Oast Hills $1,025.75 $1,209.69 $174.25 10-15500-140-92 542 77th St W Bur Oak Hills $1,025.75 $9,2001.079 $174.25 10-15500-140-64 3241 Rolling Hills Dr Bur Oak Hills $9,025.75 $4,200.00 $974.25 19-15500-150-02 3243 Red Oak Dr Bur Oak Hills $1,025.75 $1,2013.09 $174.25 10-15500-150-04 3237 Roiling Hills Dr Bur Oak Hilts $1,025.75 $1,200.00 $174.25 10-15500-160-02 3247 Red Oak Dr Bur Oak Hills $1,025.75 $1,200.00 $174.25 10-15500-170-02 3250 Red Oak Dr Bur Oak Hills $1,025.75 $1,200.00 $174.25 10-15590-180-62 3246 Red Oak Dr Bur Oak Hills $1,025.75 $1,200.00 $174.25 10-15500-190-02 3242 Red Oak Dr Bur Oak Hills $9,025.75 $1,200,00 $174.25 10-15500-200-02 534 77th St W Bur Oak Hilts $1,025.75 $1,200.90 $174.25 Diday, October 31, 2008 Page 2 of 7 Combined Assessment Roll Project Number JOP961 Proposed Pending PID Address Addition Name Assessnrent Assessment Variance 10-15500-210-02 530 77th 5t W Bur Oak Hills $1,425.75 $1,200.00 $174.25 10-15500-220-02 526 77th St W Bur Oak Hills $1,025.75 $1,200.00 $974.25 10-15541-310-01 3453 Rolling Hills Dr Bur Oak Hills 2nd $1,02575 $1,200.00 $174.25 10-15501-010-02 682 Hillside Dr Bur Oak Hills 2nd $1,425.75 $1,200.00 $174.25 10-15501-010-03 3442 Rolling Hills Dr Bur Oak Hills 2nd $1,42575 $1,200.00 $374.25 10-15541-010-04 3417 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-010-05 3277 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,204.00 $174.25 10-95501-010-06 539 Rolling Hills PI Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-95501-010-07 3282 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-010-08 3250 Black Oak Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-010-09 3987 Red Oak Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-010-10 3209 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200,00 $174.25 10-15501-010-11 3231 Black Oak Dr Bur Oak Hills 2nd $1,025.75 $1,204.00 $174.25 10-15501-020-01 3449 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-020-02 678 Hillside Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-020-03 3438 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.40 $174.25 10-15501-020-04 3413 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-020-05 3285 Rolling Hilts Dr Bur Oak Hills 2nd $1,02575 $1,200.00 $174.25 10-15501-020-06 535 Rolling Hills PI Bur Oak Hills 2nd $1,025.75 $1,240.00 $174.25 10-15501-020-07 3278 Rolling Hilts Dr Bur Oak Hills 2nd $1,025.75 $1,200.40 $974.25 10-15501-020-08 3246 Black Oak Dr Bur Oak Hills 2nd $1,025.75 $1,200,40 $174.25 10-15561-020-09 3191 Red Oak Dr Sur Oak Hills 2nd $1,025,75 $1,240.40 $974.25 10-15501-420-10 3213 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-020-11 3235 Black Oak Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-430-01 3445 Rolling Hills Dr Bur Oak Hills 2nd $1,025,75 $1,200.00 $174.25 10-15501-030-02 674 Hillside Dr Bur Oak Hills 2nd $1,025.75 $1,200.40 $174.25 10-15501-030-03 3434 Rolling Hills Dr Bur Oak Hills 2nd $1,025,75 $1,290.00 $174.25 10-15501-930-04 3409 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-030-05 3289 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501.030-06 539 Rolling Hills PI Bur Oak Hills 2nd $1,425.75 $1,200,00 $174.25 10-15501-030-07 3274 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-930-08 3242 Black Oak Dr Bur Oak Hills 2nd $1,025.75 $3,200.00 $174.25 10-15501-930-09 3195 Red Oak Or Bur Oak Hills 2nd $1,025,75 $1,200.00 $174.25 10-15501-034-10 3217 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200,00 $174.25 I Friday, October 31, 2008 Page3 of 7 Combined Assessment Roll Project Number 1OP961 Proposed Pending PID Address Addition Name Asses:sntent Assessment Variance I 10-15501-030-11 3239 Black Oak Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-040-01 3251 Hillside Ct Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-040-02 670 Hillside Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-040-03 3430 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-040-04 3405 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $17425 10-15509-040-05 3301 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $17425 10-15501-040-06 544 Railing Hills PI Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-040-07 3270 Rolling Hills Dr Bur Oak Hills 2nd $1,025,75 $1,200.00 $174,25 10-15501-440-08 3238 Black Oak Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-440-09 3218 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $3,200.00 $174.25 10-15501-040-10 3221 Roiling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-040-11 3243 Black Oak Dr Bur Oak Hills 2nd $1,025.75 $1,200,00 $174.25 10-15501-050-01 3247 Hillside Ct Bur Oak Hills 2nd $1,025.75 $1,204.00 $174.25 10-15501-450-02 662 Hillside Dr Bur Oak Hills 2nd $1,025.75 $1,200,00 $174.25 10-15501-050-03, 3426 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-450-04 3401 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.04 $174.25 14-15501-050-05 3322 Rolling Hills Ct Bur Oak Hills 2nd $1,025.75 $1,200.130 $174.25 10-15501-050-06 540 Rolling Hills Pl. Bur Oak Hills 2nd $1,025.75 $1,200.04 $174.25 10-15501-050-07 3266 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $9,200,00 $174.25 10-15501-050-08 3234 Black Oak Dr Sur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-050-09 3214 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,204.40 $174.25 14-15501-050-11 3247 Black Oak Dr Bur Oak Hills 2nd $1,025.75 $1,2130.00 $174.25 3243 Hillside Ct Bur Oak Hills 2nd $1,025,75 $1,200.40 $174.25 10-15501-060-01 14-15501-060-02 658 Hillside Dr Bur Oak Hills 2nd $1,025.75 $1,200,00 $974.25 10-15501-060-03 3422 Rolling Hills Dr Bur Oak Hills 2nd $1,025,75 $1,240.00 $974.25 10-15501-060-04 3397 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-060-05 3318 Rolling Hills Ct Bur Oak Hills 2nd $1,02575 $1,200.00 $174.25 10-15501-060-06 536 Rolling Hills PI Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-060-08 3230 Black Oak Dr Bur Oak HMIs 2nd $1,02575 $1,200.00 $174.25 10-95501-060-09 3214 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200,00 $174.25 10-15501-060-11 3251 Black Oak Dr Bur Oak Hills 2nd $1,025,75 $1,240.00 $174.25 10-15501-070-01 3239 Hillside Ct Bur Oak Hills 2nd $1,025.75 $1,200,00 $974.25 10-15501-070-02 554 Hillside Dr Bur Oak Hills 2nd $1,02515 $1,240.00 $974.25 10-15501-070-03 3418 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 Friday, October 31, 2008 Page 4 of 7 Combined Assessment Roll Project Number 1OP961 ~ Proposed Pending PID Address Addition Nance Assessment Assessment Variance 10-15501-070-04 3393 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-070-05 3314 Rolling Hills Ct Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-070-06 532 Rolling Hills PI Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-070-08 3226 Black Oak Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-070-09 3206 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-080-01 3240 Hillside Ct Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-080-02 650 Hillside Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-080-03 3414 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-080-04 3389 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-080-05 3315 Rolling Hills Ct Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-090-01 3244 Hillside Ct Bur Oak Hills 2nd $1,025,75 $1,200.00 $174.25 10-15501-090-02 646 Hillside Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-090-03 3410 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-090-04 3381 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-090-05, 3319 Rolling Hills Ct Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-100-01 3248 Hillside Ct Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-100-02 642 Hillside Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-100-03 625 Hillside Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-100-04 3377 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $17415 10-15501-100-05 3321 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-'110-01 3433 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-110-02 638 Hillside Dr Bur Oak Hills 2nd $1,025.75 $1,204.00 $174.25 10-15501-110-03 629 Hillside Dr Sur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-110-04 3373 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-110-05 3325 Rolling Hills Dr Bur Oak Hills 2nd $1,025,75 $1,200.00 $174.25 10-15501-120-01 3429 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200,00 $974.25 10-15501.120-02 634 Hillside Or Bur Oak Hills 2nd $1,025.75 $1,24100 $174.25 10-15501-920-03 633 Hillside Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-120-04 .3369 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-120-05 3329 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-130-01 3425 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-130-02 630 Hillside Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-930-03 637 Hillside Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-130-04 3365 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 Friday, October 31, 2008 Page 5 of 7 /03 Combined Assessment Roll Projeet Number 1OP961 I Proposed Pending P1D Address Addition Name Assessment Assessment Variance 10-15509-130-05 3333 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.04 $174.25 10-95541-140-02 626 Hillside Dr Bur Oak Hills 2nd $1,025.75 $9,200.00 $174.25 10-95501-140-03 649 Hillside Dr Bur Oak Hills 2nd $1,025,75 $1,204.00 $174.25 10-95501-140-05 3337 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.04 $174.25 10-15501-150-02 3358 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 ' 10-95501-150-03 645 Hillside Dr Bur Oak Hills 2nd $1,025.75 $3,200.00 $974.25 10-15501-150-05 3343 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 90-15501-160-02 3394 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200,00 $174.25 10-15501-160-03 657 Hillside Dr Bur Oak Hilts 2nd $1,025.75 $3,200.00 $174.25 10-95501-160-05 3345 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $9,200.00 $174.25 I 10-15501-170-02 3380 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $9,200.00 $974.25 3 10-15501-170-03 665 Hillside Dr Bur Oak Hills 2nd $1,025.75 $9,200.00 $174.25 10-15501-180-02 3386 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $9,200.00 $174.25 i 10-15501-180-03 673 Hillside Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-190-02, 3382 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $9,200.00 $174.25 10-15501-240-02 3378 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.09 $174.25 10-95501-210-02 3374 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-220-02 3370 Roiling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-230-02 3366 Roiling Hills Car Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-240-02 3362 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,204.00 $174.25 10-15501-250-02 3358 Roiling Hills Dr Bur Oak Hills 2nd $1,025.75 $9,200.00 $174.25 10-15501-260-02 3354 Rolling Hills Dr Bur Oak Hills 2nd $9,025.75 $1,200.00 $174.25 10-15501-270-02 3350 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-280-02 3346 Rolling Hills Dr Bur Oak Hills 2nd $3,025.75 $1,200.00 $174.25 10-15501-290-02 3342 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $974.25 10-15501-300-02 3338 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-310-02 3334 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-320-02 3330 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15501-330-02 3326 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.40 $174.25 10-15501-340-02 3322 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 10-15541-350-02 3318 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,240.40 $174.25 10-15501-360-02 3314 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $974.25 10-15501-370-02 3310 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.40 $174.25 10-15501-380-02 3306 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.25 i Friday, October 31, 2048 Page 6 0,/'7 'D~ Combined Assessment .Roll Project Number IOP961 ' Proposed Pending PID Address Addition Name Assessnrenf Assessment Variance 10-95509-390-02 3302 Roiling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $174.23 10-95501-400-02 3298 Rolling Hills Dr Bur Oak Hills 2nd $1,025.75 $1,200.00 $974.25 10-15501-490-02 3294 Rolling Hills Dr Bur Oak Hills 2nd $1,025,75 $1,200,00 $974.25 10-15509-420-02 510 Rolling Hills Cir Bur Oak Hills 2nd $1,025.75 $1,200.06 $174.25 10-95502-010-01 3205 Rolling Hills Dr Bur Oak Hills 3rd $1,025.75 $1,200.00 $974.25 I 10-95502-020-01 3202 Rolling Hills Dr Bur Oak Hills 3rd $1,025.75 $1,200.00 $174.25 10-15503-090-01 3224 Black Oak Dr Bur Oak Hills 4th $1,025.75 $1,200.00 $974.25 . Summary for `SA-Nbr' = 1OP961 (290 detail records) Sum $219,204.25 $256,440.00 $37,235.75 I I Friday, October 31, 2008 Page 7 of 7 ~L Agenda InformAtion Memo November 6, 2008 Eagan City Council Meeting I_ PROJECT 955, ELRENE ROAD (WESCOTT_ RD TO TRAILS END RD STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 965 (Elrene Road - Street Overlay Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 965 provided for the street improvements of Elrene Road from Wescott Road to Trails End Road. • The Final Assessment Roll was presented to the City Council on October 7, 2008, with a public hearing scheduled for November 6 to formally present the final costs associated with this public improvement to the affected benefiting properties. ■ The final assessment cost is approximately 32% less than the estimated benefit amounts that were presented at the original Public Hearing February 19, 2008. ■ ' All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on October 30 to address all property owners' questions or concerns and provide any additional information of interest. Of the 6 parcels (4 Single-Family, 2 Commercial/ Industrial) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pageID7 through W. ,Q~ FINAL ASSESSMENT HEARING PROTECT PUBLIC HEARING DATES Number: Project 965 Assessment: November 6, 2008 Name: Elrene Road (Wescott Rd. to Trails End Project Approval Date: February 19, 2008 Rd) Street Improvements Final Feasibility Final Feasibility Rate R_envrt Units Rate Report Units SANITARY STORM SEWER SEWER ❑ Trunk ❑ Trunk ❑ Lateral i ❑ Service ❑ Lat. Benefit/trunk WATER STREET ❑ Trunk ❑ Gravel Base ❑ Lateral El Surfacing/ Signs 820.92 $120_ Lot ❑ Service ❑ Multi Family Equiv. ❑ Lat. Benefit/trunk ❑ WAC m Comm/Ind 12.20 18.10 1 F.F. i ❑ Driveway - OTHER STREET LIGHTS ❑ Service Pair ❑ Installation ❑ Energy Charge Contract Number of Interest Amount City Number Parcels Terms Rate Assessed Financed 08-04 6 5/ 10 Years 6.0% $61,380 F.R. $240,990 F.R. $27,769.08 $163,658-98 (F.R. = Feasibility Report) o~~ I City of Eapn To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: October 30, 2008 Subject: Final Assessment Roil, Project 965 Elrene Road Street Improvements At the public hearing on February 19, 2008, the City Council ordered Project 965, which included street improvements on Elrene Road from Wescott Road to Yankee Doodle Road. Due to pending intersection improvements at Elrene Road/ Yankee Doodle Road and Elrene Road/ Trails End Road, the nortb construction limit of the street improvements on Elrene Road was shortened to approximately 200 feet south of Trails End Road. This shortened the project length by about 15%. The following improvements were constructed within those limits: mill and overlay, replacement of traffic and street signage, replacement of curb and gutter as needed, and the bituminous overlay of the existing trail on the east side of the street. In the feasibility report, it was proposed to assess 50% of the street and signage improvements for low-density residential properties and 100% of the street/signage improvements for commercial/ industrial properties, in accordance with the City SpeciaLAssessment Policy. The improvements were completed cinder Contract 08-04. The following information was used in the preparation of the assessment roll for Project 965. PROTECT COST The construction cost includes the amount of $151,687.71 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $4,501.58. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $39,744.35 were incurred resulting in an improvement and project cost of $191,425.06. The detail of these other costs is provided on Schedule L These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION -OTHER COSTS IMPROVEMENT FEASIBILITY IMPROVEMENT COST COST REPORT Street Resurfacing/ Sign Replace $98,019.93 $25,680.04 $123,699.97 $218,300 Curb & Gutter Repair/ Trail $53,667.78 14,060.31 67,728.09 $84,070 Overlay Totals $151,687.71 $39,740.35 $191,428.06 $302,370* The feasibility report for Project 965 included cost estimates for street improvements from Wescott Road to Yankee Doodle Road. t I ASSESSMENTS • TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. 10 STREET IMPROVEMENTS The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Mobilization L.S. 1 $2,720.00 $2,720.00 Mill bituminous surface Sq. Yd. 6,139 0.56 3,437.84 Bituminous mat. for tack coat Gal. 1,100 150 2,750.00 Wear Course Mixture Ton 1,593.64 43.02 68,558.39 Traffic control L. S. 1 1,490.00 1,490.00 Pavement Message (Lt/ Thru) Each 1 175.00 175.00 Pavement Message (Right) Each 4 115.00 460.00 24" Solid Line - White Epoxy L.F. 23 6.00 138.00 24" Solid Line - Yellow Epoxy L.F. 75 3.40 255.00 4" Doub Sal Line Yellow Epoxy L.F. 4,612 0.42 1,937.04 4" Solid Line - White Epoxy L.F. 3,964 0.22 872.08 8" Solid Line White Epoxy L.F. 115 4.00 460.00 Zebra Crosswalk- White Epoxy S.F. 168 4.00 504.00 Adjust manhole casting - complete Each 3 437.00 1,311.00 Adjust manhole casting - riser Each 12 145.00 1,740.00 R & R manhole casting Each 11 675.00 7,425.00 Traffic signs L.S. 1 1,174.67 4,501.58 SUBTOTAL $98,019.93 Other costs @u 26.2% 25,680.04 Mill & Overlay/ Street Sign Cast $123,699.97 IMPROVEMENT AND ASSESSMENT RATES Low-density Residential - The improvement and assessment rates for low-density residential properties are computed as follows: 1) % Low Density Residential F.F. = 7371.F. / 10,142 F.F. = 7.3% 2) $123,699.97(Mill & Overlay Cost + Signage Cost) x 50% x 7.3% [percentage of F.F. on Elrene Road] x 32144 (road width) = $3,283.67 [Total Residential Assessment (R-1, 2,3)] 3) $3,283.67 (Total Residential Assessment 4 $ 820.921 Lot 4 Single-Family Lots 2 d Commercial/ Industrial - The improvement and assessment rates for commercial/ industrial properties are computed as follows; 1) % Commercial/Industrial Assessable = 2,007 FTJ 10,142 Total F.F. = 19.8% 2) [$123,699.97 (Mill & Overlay Cost) x 100%] x 19.8% = $24,492.59 (Total Commercial/ Industrial Assessment) 3) $24,492.59 Comm.1 Ind. Assessment/ 2,007 F.F. = $12.201 F.F. + ASSESSMENT TERMS The assessments are proposed for a term of 5 years for low-density residential properties and 10 years for commercial/ industrial properties. The interest rate is 6.0% per annum on the unpaid balance for both types. CITY REVENUES [RESPONSIBILITY] IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Street Resurfacing/ Signs $123,699.97 $27,769,08 ($95,930.89) Curb & Gutter Rep./ Trail Overlay 67 728.09 67{ ,728.09} Total $191,428.06 $27,769.08 ($163,658.98) + CITY FUND RESPONSIBILITY Major Street Fund - $163,658.98 .Io n Gorder, P.E. Reviewed : Reviewed 1 VL--- Public Works Department Fin Department 10.- ~3 - off; ~b - 31 - Dated Dated C: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant 1 3 s I LEGEND YANKEE DOODLE RD. Street Improvements NORTH Residential Lots - $ 820.921 Lot M 9M M E0 ® M M Commercial ! Industrial 12.20 I F.F. I I WEST PUBLISHING Co. 4th ADD. I OUTLOT C i I i ~ I I l x, I M TRAILS END RD. Z 10-83803-020-00 IM 0 a a it VILEST PUBLISHING Co. 4th ADD. 9II~ 1 9s ■ 9III BITUMINOUS TRAIL OVERLAY 91 OUTLOT 93 CJ} ~ ~ cn j 3535 ~ ■ 7 f ~ 111y 353 5 1 I~ 7 ~ OAKS G:Project & Contract 1nio10 9631Fesibi€ity RapartlFIG- AA < 69-s7-2008 Elrene Road - (Wescott to Trails End Road) City of E kaR Neighborhood Street Revitalization Fig. 1A Engineering Department Project 965 - Final Assessments LEGEND ■ OAKS ■ ■ t Street Improvements NORTH Residential Lots - $ 820,921 Lot Commercial 1 industrial - $ 12.201 F.F. ■ ■ ■ ~ 10.83803-02Q-tlfl 0. ■ 3585 ~ 1 WEST PUBLISHING Co. 4th ADD. ■ ■ B~ ■ ■ ❑UTLOT B m~ t► ■ 70 ■ ► BITUMINOUS TRAIL OVERLAY ■ ■ ■ ■ ■ ■ ■ ■ ■ a~`~S ► 7 ~C,REP`~ ■ GAR' ► r■ ■ ~~NpC4tEIVF- p~tlV~ G:Prfl~ect & Contract Inf01C963/Fesi6i€ity L) 09-17-2008 Elrene Road - (Wescott to Trails End Road } Ann Neighborhood Street Revitalization Fig. IB City of E Engineering Department tl,, Pf ojeCt 965 - Final Assessments LEGEND Street improvements NORTH ® Residential Lots - $ 820.92! Lot ® Commercial I Industrial _ $ 92.20/ F.F. 1 I m SOUTH HELLS M BITUMINOUS TRAIL OVERLAY TH HILLS WAY Q O 0 SOUTH y'I~S aR 1 3785 sTq~sEVaoofl STONEW00D RD [ 3 75 0 sgLry H~GLs f cr. BRENTWOOD LN. I tryst ruts i WESCOTT ROAD WESCOTT ROAD oa-17-xoaa Elrene Road - (Wescott to Trails End Road } " City ofEap Neighborhood Street Revitalization Fig. 1C Engineering Department Project 965 - Final Assessments Combined Assessment Roll Project Number 1OP965 Proposed Pending ~ PID Address Addition Nance Assessment Assessment Variance 10-34950-490-41 3585 Elrene Rd Great Oaks $820.92 $1,210.00 $389.08 10-70790-010-02 3765 Elrene Rd South Hills 1st $820.92 $1,210.00 $389.08 10-70790-090-02 3775 Elrene Rd South Hills 1st $820.92 $1,210.00 $389.118 14-83700-013-04 3535 Elrene Rd Wescott Garden Lots $820.92 $1,210.00 $389.08 10-83803-020-00 West Publishing Cc 4th $3,938.40 $44,831.00 $40,892.60 14-83804-310-41 3630 Elrene Rd West Publishing Co 5th $20,557.00 $5,829.00 ($14,728.00) Summary for'SA_Nbr' = 10P965 (6 detail records) SU FR $27,779.08 $55,500.00 $27,720.92 I i III I Friday, October 31, 2008 Page I of 1 Agenda Information Memo Novern ber 6, 2008 Eagan City Council Meeting J. PROTECT 968, LEXINGTON PO_INTE PKWY/ DANIEL DRIVE ^ STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 468 (Lexington Pointe Parkway/ Daniel Drive - Street Overlay Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 968 provided for the street improvements of Lexington Pointe Parkway and Daniel Drive, located south of Diffley Road and east of Lexington Avenue. + The Final Assessment Roll was presented to the City Council on October 7, 2008, with a public hearing scheduled for November 6 to formally present the final costs associated with this public improvement to the affected benefiting properties. ' • The final assessment cost is approximately 2% less than the estimated benefit amounts that were presented at the original Public Hearing February 19, 2008. • ' All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on October 30 to address all property owners' questions or concerns and provide any additional. information of interest. Of the 55 parcels (52 Single-Family, 3 Commercial/ Industrial) being assessed, no one attended the meeting. • On July 15, 2008 the City Council directed the preparation of a feasibility study for three segments of Daniel Drive considering traffic calming and pedestrian j improvements. Presentation of this study for consideration by the Council is anticipated in February, 2009. 3 33 3 ATTACHMENTS: + Final Assessment Report, page~~ thro:igh.WS~ I its i FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number; Project 968 Assessment: November 6, 2008 Name: Lexington Pointe Pkwy/ Daniel Drive Project Approval Date: February 19, 2008 Street Improvements Final: Feasibility Final: Feasibility Rate Report Emits Rate Report Units SANITARY STORM SEWER SEWER ❑ Trunk ❑ Trunk ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk WATER STREET ❑ Trunk ❑ Gravel Base ❑ Lateral Q Surfacing/ Signs 743.28 830 Lot ❑ Service ❑ Multi Family Equiv. ❑ Lat. Benefit/trunk ❑ WAC Q C/I Equiv. 23.7$ 27.00 F. F. 0 Cork Entr. See re ort OTHER STREET LIGHTS ❑ Service Pair ❑ Installation ❑ Energy Charge Contract Number of T Interest Amount city Number Parcels Terms Rate Assessed Financed 08-03 55 5/ 10 Years 6.0% $$9.560 F.R. $284.550 F.R. $87.749.75 $257,194.35 (F.R. = Feasibility Report) I I City of p To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: October 30, 2008 Subject: Final Assessment Roll, Project 968 Lexington Pointe Parkway/ Daniel Drive Street Improvements At the public hearing on February 19, 2008, the City Council ordered Project 968, and in accordance with the feasibility report, the following improvements were consttvcted. mill and overlay/ recycle/ reclaim of the pavement surfaces, commercial/ industrial concrete entrance replacement, and replacement of traffic and street signage. for the streets within the Lexington Pointe Parkway/ Daniel Drive neighborhood, and replacement of curb and gutter as needed, In the feasibility report, it was proposed to assess 50% of the street and signage improvements to low-density residential properties and 100% of the street/ signage/ concrete entrance aprons to the commercial/ industrial properties in accordance with the City Special Assessment Policy. The improvements were completed under Contract 08-03. The following information was used in the preparation of the assessment roll for Project 968. PROJECT COST The construction cost includes the amount of $275,555.04 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $3,682.36. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $65,706.70 were incurred resulting in an improvement and project cost of $344,944.10. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER COSTS IMPROVEMENT FEASIBILITY IMPROVEMENT COST COST REPORT Street Resurfacing/ Sign Replace $203,597.86 $47,908.14 $251,506.00 $278,030 Concrete Entrance Aprons $25,290.89 $5,951.14 $31,242.03 $26,880 Curb & Gutter Repair 50,348.65 11,847.42 847.42 62,196.07 $69,200 Totals $279,237.40 $65,706.70 $344,944.10 $374,110 1 ~L~ i ASSESSIVIENTS TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. ■ STREET EVIPROVEMENTS The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities; UNIT EXTENDED ITEM UNIT QTY PRICE COST Mobilization L.S. 1 $7,000.00 $7,000.00 Remove reclaimed material Cu. Yd. 495 8.35 $4,13325 Reclaim bit. pvmt & aggregate Sq. Yd. 6,332 1.35 8,548.20 Mill bituminous surface Sq. Yd. 5,785 0.50 2,892.50 Bituminous mat. for tack coat Gal. 1,375 3.10 4,262.50 Non-wear course mixture (binder) Ton 598.45 42.30 25,314.44 Non-wear course mixture (base) Ton 755.55 42.00 32,573.10 Wear Course Mixture Ton 2,141.46 45.75 97,981.80 Traffic control L. S. 1 1,625.00 1,625.00 Adjust water valve box - riser Each 14 65.00 910.00 Repair water valve box mid section Each 1 250.00 250.00 Repair water valve box - top section Each 6 240.00 1,440.00 Adjust manhole casting - complete Each 16 450.00 7,200.00 Adjust manhole casting - riser Each 10 195.00 1,950.00 Pvmt Message Arrow Epoxy (left) Each 3 130.00 390.00 Pvmt Message Arrow - Epoxy (Right) Each 1 130.00 130.00 4" Rouble Solid Line Yellow Epoxy LY. 5,344 0.32 1,710.08 4" Solid Line - White Epoxy L.F. 7,439.5 0.16 1,190.32 Traffic signs L.S. 1 3,68236 3,68336 SUBTOTAL $203,597.86 I Plus Other costs u[7 23.5% 47,908.14 Mill & Overlay/ Recycle-Reclaim/ $251,506.00 Street Sign Cast Total Recycle/ Reclaim Costs $87,174.41 ■ CONCRETE ENTRANCE APRONS The casts of the concrete entrance apron improvements were computed using the following unit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Remove bituminous pavement Sq. Yd. 405 $3.35 $1,356.75 Remove bituminous trail pavement Sq. Yd. 195 $1.50 $292.50 Common excavation Cu. Yd. 5 17.00 85.00 2 P~~ Remove Conc. Curb & Gutter L.F.. 242 4.65 1,125.30 Remove Conc. Valley Gutter Sq. Yd. 23 12.00 276.00 Salvage Cone. Pipe Storm Sewer L.F. 16 6.25 100,00 Remove Ex. CB Structure Each 1 260.00 260.04 Salvage Casting Each 2 60.00 120.04 Common Excavation Cu. Yd. 5 17.00 85.00 Compost, Crrade 1 Ton 2.5 13.50 33.75 Wear Course Patch - Street Ton 5.94 14.15 84.05 Wear Course Patch - Driveways Sq. Yd. 60.5 13.35 807.68 Install Conc. Sewer Pipe L.F. 16 10.40 166.40 Connect to Ex. CBI MH Each 1 2,600.00 2,600.00 Construct CB w/ casting Each 2 1,500,00 3,000.00 4" Concrete Ped Ramp Sq. Ft. 236 3.90 920.40 B618 Conc. Curb & Gutter L.F. 16 13.80 220.80 7" Concrete Driveway Entrance Sq. Yd. 267 43.70 11,667.90 Truncated Dome Warning Paver Sq. Ft. 48 39.52 1,896.96 Sodding Sq. Yd. 73 3.80 277.40 SUBTOTAL $25,290.89 Other costs [a7 23.5% $51951.14 Concrete Entrance Apron Cast $31,242.03 • IMPROVEMENT AND ASSESSMENT RATES o Street Improvements The improvement and assessment rates for lo'c'o-density residential property are computed below. The recycling/ reclaiming costs on Lexington Pointe Parkway are not proposed to be assessed. 1) % Residential Frontage = 7,186 Res. F.F./ 10,614 Total F.F. = 58.8% 2) [$164,331,58 (Total Mill & Overlay/ Recycling Cost -Recycling Cost + Signage Cost) 32140 x 50% x 58.8%] _ $38,650.79 [Total Residential Assessment (R-1, 2,3)] 3) $38,650.79 (Total Residential Assessment)_-- $743.28 per Single Family Lot 52 Lots The improvement and assessment rates for commercial/ industrial properties are computed below 1) % of Commercial Assessable= 751 F.F. l 10,614 F.F. Total= 7.1% 2) [$251,506.00 (Mill & Overlay/ Recycle Cost) x 7.1 = $17,556.93 Total Comm/ Ind. Assessment 3) $17,856.931751 F.F. = $23.781 F.F. o Concrete Entrance Aprons According to the City Special Assessment Policy this improvement is to 100% assessed. Because specialized improvements were necessary to accommodate one benefiting property, Outlot A, Lexington Pointe 7"' (now Lot 1, Block 1, Diffley Marketplace Addition), assessment costs will be allocated to benefitting properties based on the individual entrance improvement costs for each commercial/ industrial property (3 total). The proposed assessment rate for each property for concrete entrance improvements is proposed as follows: Outlot C Lex. Pointe 8": $10,190.82 4300 Lexington Ave: $5 944.42 Outlot A Lex. Pointe 7t': $15,146.79 ASSESSMENT TERMS The assessments are proposed for a term of 5 years for residential properties, and 10 year for commercial/ industrial properties. The interest rate is 6.0% per annum on the unpaid balance for all assessed properties. CITY REVENUES (RESPONSILBIELITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Street Resurfacing/ Signs $251,546.04 $56,547.72 ($194,998.28) Concrete Entrance Aprons 31,242.03 $31,242.03 Curb & Gutter Repair 62,196.07 (62 196.07 Total: $344,944.10 $87,749.75 ($257,194.35) ■ CITY FUND RESPONSIBILITY Major Street Fund: $257,194,35 John Go der, P.E. Reviewed Reviewed Ja-- Public Works Department Fi e Department o-(-a tc)1- 018 Date Date C: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney/ Sue Sheridan, Accountant 1 3 NORTH 1" = 200' WILDFLOWER COURT a~ LEXINGTON POINTE Ssh ~ OUTLOT C 4 LEXINGTON P INTE PARKWA §F J rarer o n EAGAN CENTER 3rd AM M I 4300 rn WALNUT RIDGE DRIVE 3 L LEGEND M Assessment Area , J Street Improvements ■ e s r ■ ■ • Commercial / Industrial - $ 23.781 F.F. O I-~ Residential Lots - $ 743.281 Lot o S Concrete Driveway ( Final Assessment J Entrance Replacement based on cost) a) - - r~ t BRADDOCK TRA€L ji 43B5 °N43S 4377 - 4373 43$8 4365 4389 4357 4353 4343 4366 9369 L: Z 4372 I- e 4358 4364 43fi4 43fiB ¢352 ~ G:Pmject & Contract Info 0968~Fina€ Assessments\F';G_1A 9-22--08 Lexington Pointe Pkwy & Daniel Drive ` City o p Neighborhood Street Revitalization Fig. IA Engineering Department Project 968 - Final Assessments C 424-___ ❑q - NIE~ 4244 U a cu U azsa 4262 rY _~~I v 4206 ; ~ 427o a ® 4274 \ Y . Q 4276 f y\ 4282 4266 ❑ 4290 Q ❑ ° _rp V E3 r _ NORTH 6~ 1 7 ~ V = 200` See Below LEGEND see Above s d M Assessment Area Ve~-/ Street Improvements ~ s s • ■ a s Commercial !Industrial - $ 23.781 F.F. Residential Lots - $ 743.281 Lot Concrete Driveway (Final Assessment Entrance Replacement based on cost) 43?J5 5 ; i Ir Q P3 ~ ❑ 4313 4309 ~ L E ms 4397 % I U] 4321 ' 4329 4'325 G 4365 © m nll~ per{ J .r' 4359 CtiL~ 1 r~ f' 4357 4353 4349 7. 0 4328 4332 'F] 384 360: 4356: 4352: 8-; 4340 433fi 4344 G:Praject & Contract 1nto/0968/F'esibiRy Repart\RG_23 9--08-08 Lexington Pointe Pkwy. & Daniel Drive ` City of Eagan Neighborhood Street Revitalization Fig. 'iB Engineering Department r [ Project 968 - Final Assessments DIFFLEY ROAD r ~ 4213 Il ° t 4217 L~® OUTiDnT° 4221 f C 4225 F4450B1.030.W 4229 4220 ~ 4233 4237 4241 4224 ° 4240 Dg1V1~:: _ 4244 1 4258 428 93 4 66 270% See Fig. 113NORTH LEGEND V=209 + -W Assessment Area Street Improvements s • • s • s ° Commercial 1 Industrial - $ 23.78/ F.F. Residential Lots - $ 743.281 Lot .,L Concrete Driveway { Final Assessment Entrance Replacement based on cast } G:Prajert & Controd fnfa/0968/Fesibility Rcport\l lG-2C 9_21_06 Lexington Pointe Pkwy. & Daniel Drive 1 na Neighborhood Street Revitalization Fig. 1 C Engineering Department Project 968 - Final Assessments Combined Assessment Roll Project Number IOP968 Proposed Pending PLD Address Addition Name Assessment Assessment Variance 10-20475-010-01 1020 DifPley Rd Diffley Marketplace $22,454.81 $8,133.00 ($14,321.81) 10-22407-010-01 4300 Lexington Ave Eagan Center 3rd $10,391.28 $4,922.00 {$5,469.28} 10-45030-010-01 4213 Daniel Dr Lexington Meadows $743.28 $830.00 $86.72 10-45030-020-01 4217 Daniel Dr Lexington Meadows $743.28 $830.00 $86.72 10-45030-030-01 4221 Daniel Dr Lexington Meadows $743.28 $830.00 $86,72 10-45030-040-01 4225 Daniel Dr Lexington Meadows $743.28 $830.00 $86.72 10-45030-450-01 4229 Daniel Dr Lexington Meadows $743.28 $830,00 $86.72 10-45030-060-01 4233 Daniel Dr Lexington Meadows $74128 $830.00 $86.72 10-45030-070-01 4237 Daniel Dr Lexington Meadows $743.28 $830.00 $86.72 10-45030-380-01 4241 Daniel Dr Lexington Meadows $743.28 $830.00 $86.72 10-45070-110-03 4329 Lex Pointe Pkwy Lexington Pointe $743.28 $830.00 $86.72 10-45074-120-03 4325 Lex Pointe Pkwy Lexington Pointe $743.28 $830.00 $86.72 10-45070-130-03 .4321 Lex Pointe Pkwy Lexington Pointe $743,28 $830.00 $86.72 10-45070-140-03 4317 Lex Pointe Pkwy Lexington Pointe $743.28 $830.00 $86.72 10-450370-150-03 4313 Lex Pointe Pkwy Lexington Pointe $743.28 $830,00 $86.72 10-45070-160-03 4309 Lex Pointe Pkwy Lexington Pointe $743.28 $830.00 $86.72 10-45070-170-03 4305 Lex Pointe Pkwy Lexington Pointe $743.28 $830.00 $86.72 10-45070-210-04 4290 Daniel Dr Lexington Pointe $743.28 $830.00 $86.72 10-45070-220-04 4286 Daniel Dr Lexington Pointe $743.28 $830.00 $86.72 10-45070-230-04 4282 Daniel Dr Lexington Pointe $743.28 $830.00 $86.72 10-45070-240-04 4278 Daniel Dr Lexington Pointe $743.28 $830.00 $86.72 10-45070-250-04 4274 Daniel Dr Lexington Pointe $743.28 $830.00 $86.72 10-45070-260-04 4270 Daniel Dr Lexington Pointe $743.28 $830.00 $86.72 10-45070-270-04 4266 Daniel Dr Lexington Pointe $743.28 $830.00 $86.72 10-45070-280-04 4262 Daniel Dr Lexington Pointe $743.28 $830.00 $86.72 10-45070-290-04 4258 Daniel Dr Lexington Pointe $743.28 $830.00 $86.72 10-45071-010-02 4336 Lex Pointe Pkwy Lexington Pointe 2nd $743.28 $830.00 $86.72 j i 10-45079-020-02 4332 Lex Pointe Pkwy Lexington Pointe 2nd $743.28 $830.00 $86.72 10-45071-030-02 4328 Lex Pointe Pkwy Lexington Pointe 2nd $743.28 $830.00 $86.72 10-450172-010-01 4385 Lex Pointe Pkwy Lexington Pointe 3rd $743.28 $830.00 $86.72 10-45072-010-03 4388 Lex Pointe Pkwy Lexington Pointe 3rd $743,28 $830.00 $86.72 10-45072-020-01 4381 Lex Pointe Pkwy Lexington Pointe 3rd $743.28 $830.00 $86.72 10-45072-020-03 4384 Lex Pointe Pkwy Lexington Pointe 3rd $743.28 $830.00 $86.72 Friday, October 31, 2008 Page 7 of 2 Combined Assessment Roll Project Nitniber 1OP968 Proposed Pending PID Address Addition Ntrme Assessment Assessment V aritinee 10-45072-030-01 4377 Lex Pointe Pkwy Lexington Pointe 3rd $743.28 $830.60 $86.72 10-45072-040-01 4373 Lex Pointe Pkwy Lexington Pointe 3rd $743.28 $830.00 $86.72 10-45072-050-01 4369 Lex Pointe Pkwy Lexington Pointe 3rd $743.28 $830,00 $86.72 10-45072-060-01 4365 Lex Pointe Pkwy Lexington Pointe 3rd $74128 $830.00 $86.72 10-45072-070-01 4361 Lex Pointe Pkwy Lexington Pointe 3rd $743.28 $830.00 $86.72 10-45072-080-01 4357 Lex Pointe Pkwy Lexington Pointe 3rd $743.28 $830.00 $86.72 10-45472-090-01 4353 Lex Pointe Pkwy Lexington Pointe 3rd $743.28 $830.06 $86.72 10-45072-100-01 4349 Lex Pointe Pkwy Lexington Pointe 3rd $743.28 $830.00 $86.72 10-45072-130-02 4340 Lex Pointe Pkwy Lexington Pointe 3rd $743.28 $830.00 $86.72 10-45072-140-02 4344 Lex Pointe Pkwy Lexington Pointe 3rd $743.28 $830.00 $86.72 10-45072-150-02 4348 Lex Pointe Pkwy Lexington Pointe 3rd $743.28 $830.00 $86.72 10-45072-160-02 4352 Lex Pointe Pkwy Lexington Pointe 3rd $743.28 $830.40 $86.72 10-45072-170-02 4356 Lex Pointe Pkwy Lexington Pointe 3rd $743.28 $830,00 $86.72 10-45072-180-02 4360 Lex Pointe Pkwy Lexington Pointe 3rd $743.28 $830.()0 $86.72 10-45072-190-02 4364 Lex Pointe Pkwy Lexington Pointe 3rd $743.28 $830.00 $86.72 10-45072-246-02 4368 Lex Pointe Pkwy Lexington Pointe 3rd $743.28 $830.66 $86.72 10-45072-210-02 4372 Lex Pointe Pkwy Lexington Pointe 3rd $743.28 $830.00 $86.72 10-45091-124-02 4240 Daniel Or Lexington Pointe 7th $743.28 $830,06 $86.72 10-45091-130-02 4244 Daniel Or Lexington Pointe 7th $743.28 $830.90 $86.72 10-45091-180-01 4224 Daniel,Dr Lexington Pointe 7th $743.28 $830.00 $86.72 10-45091-190-01 4220 Daniel Dr Lexington Pointe 7th $743.28 $830.00 $86.72 10-45492-1330-00 Lexington Pointe 8th $16,239.94 $6,685.00 {$9,545.94} Summary for SA_Nbr' = 94P968 (55 detail records) sum $87,727.59 $62,900,00 ($24,827.59) 1 Friday, October 31, 2008 Perge 2 of 2 I Agenda Information Metro November 6, 2948 Eagan City Council BOARD OF ADJUSTMENTS & APPEALS A. HAWTHORNE RIDGE - EXCEL DEVELOPMENT LLC ACTION TO BE CONSIDERED: To approve a Modification to the covenant restrictions to allow a full-service restaurant for Excel Development's Hawthorne Ridge retail center located at 525 Diffley Read. REQUIRED VOTE FOR APPROVAL: Majority of members present FACTS: ➢ At their regular meeting on October 7, 2008, the City Council set November 6, 200$ as the date to convene the Board of Adjustments & Appeals to consider an amendment to the covenant restrictions in place on 525 Difflcy Road. Direction was also given to mail notices; 90 notices were sent to surrounding property owners. ➢ The City acquired property at the intersection of TH 3 and Diflley Road for the construction of a storm pond improvement. It then prepared a remainder portion of the property that was not necessary for ponding purposes for resale. ➢ In response to neighborhood concerns regarding the potential intensity of the use of the site, restrictive covenants were placed on the property by the City, which prohibit certain activities to be conducted on the property, one of which is a restaurant. ➢ At its meeting on July 1, 2008, the City Council received a petition and heard a request from the owner of the Hawthorne Ridge commercial development to modify the restrictive covenants filed against the development to permit a restaurant in the center. At that time, the City Council denied the applicant's request. ➢ During the course of their regular meeting, the Council will adjourn and convene as the Board for the purposes of hearing the applicant. ATTACHMENTS: (4) Location Map on page. Letter objecting to the proposed change on page ha R Excel Development's request letter on page Petition enclosed without page number, f~~ d ~ 1 ® Eagan Boundary ; Parent HFna Porte! Area Area Location Map }vC-2: Building Footprint t i ~ rn ~ 13 ~ c3 4 ~ L~ 9 3 r'y 9 TJ W ` 01 ran4 v ° ! s Subject Site pr a y S7 .7L d.~ _ S -r ~ t7 ~ 3 •Q„ 3 s q 1T• _ ~ =i -flf IL ef m, yr a n 7 p GS P i ~ 4 h f ~ I I c CY X53 4Q P"~ ~ ~ 1 - x• rr 3 it7f10 ff 100D 200D FeO I HAWTHORNE RIDGE Mxp Fmpsrad using ERR A-viow 3.1. Pareet base map data pt-idad LIN. by Aakohl County Eared Survey Depa rln enl and is turrant as .1 March 2DPZ. W E Mity of Eagan THIS MAP I3 fHTENDIEA FOR REFERENCE USE ONLY &r 1 N rJ ; 3 n T• A Tho City of Eagan artd 0aketa County do not guars ntuo the acGuracy of thla In€onn atlon and are S .....sr.. n,.,..s....-i n.....n....nf not responsible for arrom or omfsxlons. Page 1 of 1 Mike Ridley From. Murdoch, Maureen 'Maureen.Murdoch@va.gov] Seat: Friday, October 24, 2008 9:14 AM To: Mike Ridley Subject: Hawthorne Ridge Retail Center Mr. Ridley: Thank you for the opportunity to respond to Excel's request to pdt a full-service restaurant in the Hawthorne Ridge. retail center. My husband and I have lived at 525 Hawthorne Woods for more than 15 years (about one half-block from the center). We are one of the first couples to move into the Hawthorne Woods development, and we examined the zoning restrictions of the area very carefully before electing to build in that development. This past year, instead of moving to a new home, we substantially renovated our existing home in the Hawthorne Woods development-again, after carefully appraising local zoning restrictions and being reassured that there were no anticipated changes to them. We are understandably distressed, therefore, to learn that Excel is now trying to change its use agreement to include a full-service restaurant with full liquor license. The Hawthorne Woods development is primarily populated with families like our own--those with small and schookage children. Allowing a full service restaurant in the Hawthorne Ridge retail center will adversely change local traffic patterns, increasing congestion and noise on our streets, as well as encouraging late traffic to and from the restaurant. The risks of drunken driving will also increase-a great concern to those of us with families. The Hawthorne Ridge retail center was never intended to house a full-service restaurant, and Excel's owners knew that when they took over its development. It concerns me that they have attempted to renege on their contract-noi once-but twice now. One wonders if they ever intended to honor their agreement with the city. There are plenty of places in Eagan zoned for full-service restaurants; I suggest Excel explore their opportunities at one of those sites. In summary, my family is strongly opposed to allowing Excel this variance. Thank you for your attention. Regards, Maureen Nelson 3 1 i II I 10/2412008 Kill IA LAW LLC P,o. Box 25253 1 Woodbury, FYIN 55125 1 (866)-5 - JASPER www.LawyerJ.coin { Fax (651) 699 - 6149 1 jasper.berg@iajlaw. cDin October 2, 2008 City of Eagan Att. Board of Appeals 3830 Pilot Knob Road Eagan, Minnesota 55122-1987 Re: 525 Diffley Road, Hawthorne Ridge - Excel Development, LLC Dear Board of Appeals: On behalf of Mr. Jerzy Szoka and Excel Development, LLC, please accept this request to reconsider a possible modification to a covenant affecting Hawthorne Ridge located at 525 Diffley Road. In support of Excel Development, LLCs request for reconsideration, please consider the following: Previous advisor Negligently represented Excel Development • 300 Silent Supporters Feedback from Local Neighbors Community Development Thank you for your consideration of the following action: ACTION TO BE CONSIDERED: To approve the request for City Council to Reconsider a modification to a covenant affecting Hawthorne Ridge located at 525 Diffley Road. Sincerely, I Jasper Berg, J.D RECEIVED WU 0 3 200 Page x of 1 Agenda Information Memo November 6, 2048 Eagan City Council Meeting NEW BUSINESS A. ORDINANCE AMENDMENT -w CITY OF EAGAN ACTION TO BE CONSIDERED: To approve (or deny) an amendment of City Code Chapter 5 to change the special use separation requirements between licensed off sale beer establishments and certain other uses. Alternate 1: Approve ordinance reducing setback from special uses to 100 feet in connection with the licensing of off sale 3.2 beer establishments. Alternate 2: Approve ordinance removing the setback from special uses in connection with the licensing of off sale 3.2 beer establishments. FACTS: ➢ The City Code provides for 200 foot separation between all types of off sale and on sale beer and liquor licenses and a list of "special uses", including nurseries, elementary and secondary schools, daycare centers and churches, A recent review of the special use separation requirements as they pertain to liquor licenses revealed that the same 200 foot separation requirement applies to all types of on-sale and off-sale licenses. Given the nature of retail developments today and the fact that many current developments are in-fill developments or existing multi-tenant properties are seeing tenant turnover in scattered locations, it is increasingly common for certain licensed liquor establishments to be proposed in proximity to certain of the special uses in various locations. ➢ The most recent example of this situation involves the new Cub Foods store's application for a 3.2 beer license. The new Cub store is 190 feet from the Northview Elementary School property. While the Cub application is not the sole reason for considering this change, it brings the matter to light at this time, ➢ At its workshop meeting of October 28, 2008, the City Council authorized preparation of an amendment of City Code Chapter 5 to permit consideration of one or more approaches to the modification of the special use separation requirements, ➢ The current issue involves the separation as applied to off-sale 3.2 beer licenses, but suggests the Council may want to have a broader discussion of the application of the separation requirements for off-sale liquor and/or on-sale licenses at some future point. ➢ Subsequent to the Council's determination of a direction on the ordinance amendment itself, staff requests direction as to whether to set time for that separate discussion. ATTACHMENTS: (I) Draft Code Amendment options on pager and 3.2 Beer Alternate #1 i ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER FIVE ENTT I'LED "BEER, WINE AND LIQ6OR LICENSING AND REGULATION" BY MODIFYING SECTION 5.33 REGARDING BEER LICENSE RESTRICTIONS AND REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CFIAPTER 1 AND SECTION 5.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Five is hereby amended by modifying Section 5,33, Subd, 5, to read as follows: See. 5.33. Beer license restrictions and regulations. &ibd. 5. No license shall be granted for a proposed licensed Pzcmises that does not meet the special use setback, as dcfined;in the zoning regulations of this,Code, from any nursery, elementary or secondary school structure; daycare ccnter" structure; or church structure, except as provided herein, Notwithstanding the forcAoing sentence a special use setback for an off-sale license for a proposed licensed pr6thises. is 100 linear feet. A "license may be granted for a proposed licensed premises not meeting the special Ise. setback, as 'dl fined in the zoning regulations of this Code, from any cif; the .above listed t seg when the. proposed licensed premises and listed uses are located within the same zafdistrict anclplanned'commercial development. Section 2. Eagan ;City Code ..Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code 'Ircluding 'Penalty for Violation"' and Section 5.99, entitled "Violation>a'-Misdemeanor' are hereby "adopted in their entirety by reference as though repeated verbatim. Section` 3, Effective.Date. This ordinance shall take effect upon its adoption and publication according to law: ATTEST: CITY OF EAGAN City Council By: Maria Petersen By: Mile Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 3J i 3.2 Beer Alternate #2 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER FIVE ENTITLED "BEER, WINE AND LIQUOR LICENSING AND REGULATION" BY MODIFYING SECTION 5.33 REGARDING BEER LICENSE RESTRICTIONS AND REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN' CITY CODE CHAPTER 1 AND SECTION 5.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Five is hereby amended by modifying Section 5,33, Subd, 5, to read as follows: See. 5.33. Beer license restrictions and regulations. Subd. 5. No license shall be granted for a. proposed licensed premises that does not meet the special use setback, as defined in the zoning regulations of tlis:Code, train any nursery, elementary or secondary school structure; daycare center structure; or church structure, except as provided herein. A license may be grantedfor a proposed licensed premises not meeting the special use setback, as defined in the zoning regulations of this Code, from any of the above listed uses when the proposed licensed:;prerrises.;ard.listed uses are located within the same zoning district and planned commercial.deyelopmb'nt or the proposed license is for off-sale exclusively. Section 2. Eagan, City V04e Chapter I entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 5.99, entitled "Violation a Misdemeanor <are hereby adopted in their entirety by reference as though repeated verbati rn. 3 1 Section 3:' Effective Date. This ordinance shall take effect upon its adoption and publication according to law: ATTEST: CITY OF EAGAN City Council By: Maria Petersen By, Mike Maguire i Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: I I Agenda Information Memo November 5, 2008, Eagan City Council Meeting 3 3 B. OFF-SALE 3.2 PERCENT MALT LIQUOR BEER LICENSE FOR EAGAN 2008 _LLC, DBA CUB FOODS #31794,_ LOCATED AT 1020 DIFFLEY ROAD 1 i 3 ACTION TO BE CONSIDERED: To approve the off-sale 3.2 percent malt liquor (beer) license for Eagan 2008 LLC, dba Cub foods #31794. FACTS: ➢ At the October 21, 2008 City Council meeting, the off-sale 3.2 percent malt liquor (beer) license for Cub Foods was continued to the November G, 2008 City Council meeting. The continuance was based on the need to address the separation requirements between licensed liquor establishments and certain other uses. ➢ It was determined that the Cub Foods building was within 190 feet of the Northview Elementary School property on the opposite side of Diffley Road. Current Code language provides for a 200 foot separation between all types of off sale and on-sale 3.2 percent malt liquor (beer) and on-sale and off sale liquor licenses and a list of "special uses", including nurseries, elementary and secondary schools, daycare centers and churches. At the October 28 Special City Council meeting, the Council directed preparation of an ordinance amendment to address the separation requirements. ➢ Prior to taking action on the off-sale 3.2 percent malt liquor (beer) license application, Council will be acting on the ordinance amendment. j ➢ All required license documents have been submitted, reviewed and deemed in order i by City staffand the Police Department. No reason was found to deny the request. I ATTACHMENTS (0): i i 1,33 Agenda Information Memo November 6, 2008, Eagan City Council Meeting D. ORDINANCE AMENDMENT - CHAPTER 10, SECTION 10.11 REGARDING POTENTIALLY DANGEROUS AND DANGEROUS DOG REGULATIONS ACTION TO BE CONSIDERED: To adopt an ordinance amendment to Chapter 10, Section 10.11 regarding potentially dangerous and dangerous dog regulations. FACTS: ➢ At the October 21, 2008 City Council meeting, the Council directed preparation of an ordinance amendment which would adopt changes made by the Minnesota legislature during the 2008 session regarding potentially dangerous and dangerous dog regulations. The purpose of this amendment is to update the City Code language to be in keeping with the language found in state statute. The highlights of the changes made by the state legislature are as follows: o Adding a definition for provocation. o Providing additional options for notifying the owner of a dog declared to be potentially dangerous or dangerous o Allowing additional time for a dog owner to appeal the potentially dangerous or dangerous declaration following receipt of proper notice o Granting additional time for the hearing officer to conduct the appeal hearing and to complete the findings o Giving the City authority to collect hearing expenses if a dangerous dog designation is upheld, * As a matter of housekeeping, the definition of proper enclosure was also added to the City Code along with verbiage that an owner shall notify the City in writing of a dangerous dog's subsequent death or relocation. The two additions were previously found in state statute but had not been incorporated into the City Code. ATTACHMENTS 0: ➢ Dram ordinance amendment enclosed on pages 15~;- through] i ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, M1NNF.SOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED `P'UBLIC PROTECTION, CRRAES AND OFFENSES" BY AMENDING SECTION 10.11 REGARDING POTENTIALLY DANGEROUS AND DANGEROUS DOG REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY . CODE CHAPTER 1 AND SECTION 10.99. The City Council ofthe City ofEagan does ordain: Section 1. Eagan City Code Chapter Ten is hereby amended by changing and adding certain deft nitionns in Section 10.11, Subd• 1, to read as follows: Phi enclosu~ a ruea~ls secn~relY confined indoors or in a securev enclosed and locked pen or structure suitable to prevent the animal from escaping acid nroviding Protection from the elements for proper enclosure does not include a pore patio, or anypart of a house, Sara a or other the dog. A_ structure that would allow the dog to exit of its own volition or any house or structure i n which windows are ❑ n or in which door or window screens are the onnl obstacles that event the do from exiting. Provocrxtion means an act that an adult could reasonab ect nm cause a do to attack or bite. Section 2. Eagan City Code Chapter Ten is hereby amended by changing Section 10. 11, Suhd 7 to read as follows: Subd 7 Potentially dangerous or dangerous dogs. A. Mmn. Staff, §§347.50-347.;565 adopted by reference. Except as otherwise provided in this chapter, the regulatory and procedural provisions of IVVTM Stat. §§347.50- 347.56565 (commonly referred to as the dangerous dog regulations), as amended, are hereby incorporated herein and adopted by reference, including the penalty provisions thereof. B. Declaration of potentially dangerou3 or dangerous- dog. A city police officer, community service officer or animal control officer may declare a clog to be potentially dangerous or dangerous when the officer has probable cause to believe that the dog is potentially dangerous or dangerous as defined herein. A written notice declaring the dog potentially dangerous or dangerous-shall be penotitity---,er-ve"pati-the-delivered he lace where . . or mailed to the owner ofthe do os' po.. Wig. sled fit --treep~*~ tt t p. the dog is kept, or delivered to er by deliver nl jai person residing on the property where.tke dog is kept, and tole hone, if possc. the officer shall provide a copy of the notice served upon the dog owner, along with an affidavit of service, to the city clerk. I For purposes of declaring a dog potentially dangerous or dangerous, the notice must include a copy of the provisions of this section and Mm. Stat. §§347.54-347.-56565 and a forln, with instructions, to request an appeal of the declaration of the owner's dog as potentially dangerous or dangerous. Beginning 180 days from the date a dog is declared dangerous or the date of the hearing officer's written findings of Tuck and conclusions affirming the declaration of the dog as dangerous if the owner appealed the notice of declaration of dangerous dog, the dog owner may request annually that the city review the designation. The owner shall provide clear and convincing evidence that the dog's behavior has changed due to the dog's age, neutering, environment, completion of obedience training that includes modification of aggressive behavior, or other factors rendering the dog no longer dangerous. The hearing officer shalt review the evidence without hearing and if the hearing officer finds sufficient evidence that the dog's behavior has changed and the . dug is no longer dangerous, the hearing officer may rescind the dangerous dog designation. C. Appeal. Any owner of a dog declared potentially dangerous or dangerous may appeal the declaration by seMig upon the city clerk, within three-bz 14 days of receipt of the notice declaring the dog potentially dangerous or dangerous, inclusive of the date the notice is received, a written notice of appeal The appeal hearing shall be beard by the hearing officer within 14 days of the datereceipt of the owner' s.written request to appeal to determine the deefaiation-notices is served upon validity of the potentially . dangerous or dangeraus.... dog . owner.designation, The appeal bearing shall be conducted in an jutbnnl mariner and the Minnesota Rules of Civil Procedure and Rules of Evidence shall not be strictly : . applied. The hearing need not be transcribed, but tray be transcribed at the sole expense ofthe party who requests transcription. earsng, After considering all evidence submitted and within ten..(1.D)_days...Rtter.the h..... the hearing officer shall make written Findings of Pad and Conclusions on the issue of whether the dog is a potentially dangerous or dangerous dog within five business days ofthe-date-ef the appeallizarirng. The findings and conclusions shall be served upon the :delivered to the dog's owner by US-I nd delivery or. registered . nm%- within-the five-daytime period. as soon as.p€•aclical. An owner's right to appeal or otherwise contest a potentially dangerous or dangerous . dog declaration shall be deemed waived if the owner fails to serve a written request for appeal as required herein or fails to appear at the scheduled appeal hearing date, if a dangerous dog designation is u held the hearing -~cer the dog_owner shah pay the City's actual expenses ofthe-.h. __earing, not to exceed $1.O .0-0. 2 L I 1 D. Compliance udth dangerous dog regulations. Immediately upon receipt of the notices Formaned: Indent: Left: 0.5", Hanging: 0.5", declaring the dog dangerous, the owner shall confine the dog in 1€ proper enclosure as 1 rat stops: a.5", Left ' in Minn "at 34T.30: and shall notify the City in writing of the dog's sulm,equent death or relocation. If no timely appeal is received by the city clerk or the appeal hearing officer finds the owner's dog is dangerous, the owner shall eornVly with the requirements of this section, the provisions of Mum. Stat. §347.50 to 347.56565 and the fallowing: rat n°..:°`.....:,-.° of dmge...w.r Chapter ] ' the el- shA be, n}sible Rer f'_ .3.._.,_"__ s___ __....aJ..a:..r _...mt to N'r"m Stat R 247 5 `•6kh im The owner of a dangerous dog for which a certificate of registration is required under . . this paragraph shall pay an annual registration fee, in addition to a fee for the cost of the dangerous dog warning symbol and tag. The fees shall be in the amounts as detemnined by city council resolution. The owner of a dangerous dog must annually renew the cer0cate of registration with the city sa long as the dangerous dog is located within the city. E. Compliance with potentially dangerous dog regulations. If no timely appeal is received by the city clerk, the owner of a potentially dangerous dog shall implant a microchip in the dog for identification within 14 days of the date of the notice of potentially dangerous dog and provide to the city the name of the microchip marnufacturer and identification number. If a hearing is requested and the appeal hearing officer finds the owner's dog is potentially dangerous, the dog owner shall innpk" a microchip in the dog for identification within 14 days of the hearing officer's findh)gs of fact and conclusion and provide to the city the name of the microchip manufaeturer mid identification number. All costs related to the purchase and implementation of the chip must be paid by the dog's owner. 3 [3-' i Section G. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Inclutling Penalty for Violation`" and Section 10.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirely by ref mace as though repeated verbatim. Section 7. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City council 1 3 By: Maria Petersen By: Mike Maguire Its: City Clark Its: Mayor Date Ordinance Adopted: . Date Ordinance Published in the Legal Newspaper: + Fumtatted: In dent: Left: W, Hanging: P, 4 13s, Agenda Information Memo November 6, 2008 Eagan City Council Meeting E. ORDINANCE AMENDMENT - CITY OF EAGAN ACTION TO BE CONSIDERED: To approve the Ordinance Amendment to Chapter 10, Section 10.01, relative to the City's ability to remove refuse and trash from private property and, if necessary, assess cost of same and direct the City Attorney to publish the amendment in the Legal Newspaper. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ While often an issue associated with foreclosures, the need for refuse and trash removal has become more frequent generally, as well. ➢ 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. ➢ The City Code presently does not authorize the City to assess the property the cost to remove trash/refuse. ➢ At their regular meeting of August 4, 2008, the City Council directed the City Attorney to prepare an amendment to Chapter 10, Section 10.01, relative to the City's ability to remove refuse and trash from private property and assess cost of same. ATTACHMENTS: (I) Draft Ordinance Amendment on pages through . 1-3 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF T lE CITY OF EAGAN MINNESOTA AMENDING 11AGAN CITY CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY AMENDING SECTION 10,01 DECLARING UNLAWFUL STORAGE OF TRASH OR REFUSE AS A PUBLIC SAFETY AND HEALTH HAZARD AND ABATEMENT'REQUIREMENTS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER t AND SECTION 10.99. The City Council of the City of Eagan does ordain: Section 1, Eagan City Code Chapter Ten is hereby emended by rev ising Section 10.0 1, Subd. 2(F) and by adding Subd.2(G) to read as follows: See. 10.01. Storage, deposit and disposal of refuse. F. Backyard composting. 1. Requirements, No composting' shall be crmitted except in residential dwelling districts and agricultural districts upon compliance with the following requirements: (a) Yard waste shall 6e composted withi&an enclosure with a minimum of three sides or circutar, not to.exceed a total of ;100 cubic feet in volume for the residential lots of_.MOQO square fcet`Or less or-;150 cubic feet for residential lots with an area of more than 12,000 square feet The containers shall be of durable material such as -wood, plastic;, fiberglass,. or metal fencing material; (b) Only yard waste, sawdust, wood ash, straw, kitchen wastes, which have been ° placed initially in the center of the compost pile, and commercially available compost ingredients to accelerate composting may be placed in the compost enclosure; (c) No meat; bones, fat, oils, dairy products, food other than kitchen waste as defined in subdivision 1, subparagraph K, synthetic fibers, human or pet waste, or diseased plants shall be placed in the compost enclosure; I (d) Compost shall be properly maintained to minimize odor generation and to promote effective decomposition of the materials; and 1 LID I II (e) The compost enclosure shall be located behind the residential dwelling and shall not be within 30 feet of any habitable building, 30 feet of a public right-of-way, and five feet of any property line. (f) The compost enclosure must be located above the 104-year high water level for the closest adjacent pond. ' and the avvmff of oeeupant of the lot op trae4 of land on wMeh eh G. Noncompliance. Any violation of or failure to comply with'any of theIrovisions of this Subdivision shall constitute a public safety and health hazard; and the owner of occupant of the lot or tract of land on which such public safe and health hazaid'is Iocated is rimail responsible for its abatement. _If any such owner or occupant fails to asslu ffie`the primacy responsibility to abate the ublic safet and health hazard after notice thereof is iien'',then the Cit ``ma cause such abatement to be done. The owner and occupant shall pay all charges and expenses incurred by the City in connection with the abatement within thi 30 days of`the date of invoice. If the char es are not -paid, they shall become a lien upon such'eal estate, The'. irity clerk-treasurer shall certify trs the county auditor of the county a statement of the airio-unt_of th&:eost incurred by the City. Such amount together with interest shall.be. entered as a s' eeial assessrAbnt against such lot or parcel of land and be collected in the same manner. as the real estate"taxes. Section 2, Eagan City Code., Chapter I.., entitled, "General Provisions and Definitions Applicable to the Entire City Cade Including 'Penalty for Violation"' and Section 10.99, entitled "Violation a Misdemeanor" are: herebj adopted iY 'their entirety by reference as though repeated verbatim. Section 3, Effective Date. `t' its ordinanee shall take effect upon its adoption and publication according to law. A I TEST: CITY OF EAGAN City Council By. Maria Petersen By: Mike Maguire Its: City Cleric Its: Mayor Date Ordinance Adopted: . Date Ordinance Published in the Legal Newspaper: I 141 I Agenda Information Memo November G, 2008, Eagan City Council Meeting F. COMPREHENSIVE GUIDE PLAN AMENDMENT - POSITIVE COMPANIES ACTION TO BE CONSIDERED: To direct staff to submit to the Metropolitan Council a Comprehensive Land Use Plan Amendment that would to change the land use designation from MD (Medium Density), to HD (High Density) and RC (Retail Commercial), for property located at the southeast corner of Diffley Road and Blackhawk Road in the NE '/4 of Section 29 (OR direct preparation of findings of fact for denial). REQUIRED VOTE FOR APPROVAL: At least four votes FACTS: ➢ The subject site is zoned R3 (Residential Townhouse) and is 10 acres in size. ➢ The property consists of a single faanily home, seven accessory structures and was previously graded for pasture and residential uses. The site has good visibility along Diffley Road and easy access to I-35E. ➢ Surrounding development consists of a mixture of residential and commercial uses which appear compatible with the proposed senior housing and commercial uses. ➢ The proposed concept plan shows a Senior 1-lousing development and a variety of retail uses such as a hotel, medical office, restaurant, retail, and bank/retail with drive--through service. ➢ The applicant will apply for a Rezoning and Preliminary Subdivision application if the City Council reaction to the Comprehensive Guide Plan Amendment is favorable. ➢ Staff has recommended a Planned Development zoning to allow for uniforan and cohesive development. ➢ The Advisory Planning Commission held a Public Hearing regarding the proposed Comprehensive Guide Plan Amendment on October 28, 2008 and is recommending approval. ISSUES: ➢ The APC questioned the additional traffic from the proposed concept plan. It was explained that density would be reviewed with the Rezoning and Subdivision applications. ATTACHMENTS (3): Location map on page 1Lf&_. Draft October 28, 2008 APC minutes on pages t3;;aug4_ Staff report on pagesfq5 throughIS71. Lt ---I Eagan Boundary Right-of-way F--j Parcel Are ParkReaa Location Map Building Footprint . • ra 4 p0 ~ ~ d ❑ 6 ...eannn-- d Q ~ ~ Q ~ ~ ~ ~ {t d~Y ~ ~ [i 0 G P ° Q d e Q - n 1WL g a o a 6 m ~ ~ a a ff 4 0~~ Q v ° CS ~tl IS ~ 4 ' n AnQ a Sub-ect Site p o p e C~ f~ a r- p ad00~~ _ a Q - E2J ..~.X. Af1-S~... RC ..-C.S.A.X.Hd. 3 a ~o c~ a a 0 o s3 rn { ~p p ~ v ~meaen p o a p Q... m~ n n ❑ Q bq ~ 9 a Odd~O 4 b 23 v 4y 0a~ p a P ~ nn t3~ f5~ _ ~ ~ 4 i~ p~ V 0 r 9a 4 } C7o ~ q a r ° ]000 0 4000 2000 Feet Development/Developer: Positive Companies Application: Comprehensive Guide Plan Amendment Case No.: 29-CG-05-09-08 jIt of E[l an THIS MAP IS ENTENgE[1 FOR REFERENCE USE ONLY E JJJ "`S Thu City of Eagan and Rakvta County do not guarantee the accuracy of this informalian and are S Common€ly novotop me nt Dcpa rlmeht not responsible far errors or omissions. Ad i-sorv Pinning Coaw-iisQj0fl 001-M)cr 2008 1'<< c 2 «I' ~a IV. PUBLIC HEARINGS A. Positive Companies Applicant Name: Positive Companies, Inc. Location: 4232 Black Hawk Road; Corner of Blackhawk and. Diffley Application: Comprehensive Guide Plan Amendment A Comprehensive Guide Plan Amendment to change the Land Use from. (MD) Medium Density to (RC) Retail Commercial and (HD) High Density. File Number: 29-CG-05-09-08 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated October 22, 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. There was discussion regarding the entrance to the proposed development and the possible associated problems. Assistant City Engineer John Gorder responded by explaining that no detailed traffic analysis has been performed thus far. He stated the access to Blackhawk is shown as far south on the property, away from the Blackhawk and Diffley intersection as possible. He discussed Dakota County's invol-Vement in the review of the access onto Diff ley Road. Member Keeley moved, Member Zoberi seconded amotion to recommend approval of a Comprehensive Guide Plan Amendment to charjde'the use from MD (Medium Density) to HD, (High Density) and RC, (Retail Commercial) for 10 acres located at the SE corner of Diffley Road and Blackhawk` Road in the NE% of Section 29. I Member 4ensen stated concern regarding traffic and possible future complications if the proposal }s approved. City'P a-pner Mike Ridley explained that the issue at hand is strictly the land use change for the prop~r#y. He further explained that the proposed change allows the applicant a way to explore the,City's willingness to modify the existing land use in a conceptual way. If the City's response is-favorable, the applicant would then move forward more detailed plans that will specifically plan and engineer the site. Said plans would come back before the Advisory Planning C0rmrr4g.sion and City Council via rezoning and/or subdivision applications. He discussed the process which includes City Council and Met Council consideration. A vote was taken. All voted in favor. Motion carried: 7-0. 1 qq PLANNING REPORT CITY OF EAGAN REPORT DATE: October 22, 2008 CASE: 29-CG-05--09-07 APPLICANT: Positive Companies, Inc HEARING DATE: October 28, 2008 PROPERTY OWNER: Darold & Mavis Holden APPLICATION DATE: Sept. 17, 2008 REQUEST: Comprehensive Guide Plan PREPARED BY: Sarah Thomas Amendment LOCATION: SE corner of Diffley Road and Elaci gawk Road COMPREHENSIVE PLAN: MD, Medium Density ZONING: R-3, Residential Townhouse i SUMMARY OF REQUEST The applicant is requesting approval of a Comprehensive Guide Plan Amendment to change the use from MD (Medium Density) to HD, High Density and RC, (Retail Commercial) for 10 acres located. at the SE corner of Diffley Road and Blackhawk Road in the NE'/4 of Section 29. AUTHORITY FOR REVIEW Comprehensive Guide Plan Amendment: The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to detennine if the change is in the best long-range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. BACKGROUND/HISTORY The subject site is zoned R-3 Residential Townhouse and consists of six unplatted parcels. 1~ Planning Report Positive Companies, LLC October 28, 2008 Page 2 EXISTING CONDITIONS The subject site contains a single fancily home and seven accessory buildings. SURROUNDING USES 3 The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Retail NB, Neighborhood Business RC, Retail Commercial South Apartments R-4, Residential Multiple HD, High Density Residential East 1..35E Right-of-Way Right-of-Way West Residential PD, Planned Development MD, Medium Density Residential EVALUATION OF RE UEST Concept Plan - The applicant is requesting an amendment to the Comprehensive Guide Plan to change the MD (Medium Density Residential) designation and split the approximate 10 acres into 7.42 acres of RC (Retail Commercial) on the northeast and 3.01 acres of HD (High Density Residential) on the south. According to the applicant, there arc no specific users at this time; however, development is anticipated to begin in the spring of 2009. Comprehensive Guide Plan - The RC land use category provides areas for a variety of retail related uses such as shopping center, supermarkets, drugstores, department stores, convenience center/gas station, restaurants, hotel and other businesses offering goods and services. Associated zoning categories include A (Agricultural), NB (Neighborhood Business), GB (General Business), and CSC (Community Shopping Center). The HD land use category provides areas for high density attached housing units, including townhomes, condominiums and apartment. Allowable gross densities within this land use category include those greater than 12 units per acre, including common areas. Associated zoning categories include A (Agricultural), R-3 (Residential Townhome) and R-4 (Residential Multiple). If the Comprehensive Guide Plan Amendment is approved, a rezoning of the properties must occur so that the appropriate zoning categories are consistent with the Land Use designation. Staff suggests a rezoning to Planned Development would be most appropriate to insure the development is uniform. Implementation of the Comprehensive Guide Plan Amendment change can be delayed until the Rezoning and Preliminary Subdivision applications reach the City Council. I Planning Report - Positive Companies, LLC October 28, 2008 Page 3 Com atibilit with Sunoundin Area - The subject site is sun-ounded by a mixture of residential and commercial uses and appears compatible with the proposed senior housing and commercial uses. High density residential is generally compatible with more intense commercial uses, given appropriate scale, buffering and design treatment. It may also serve as a buffer between lower density residential and higher intensity commercial uses. Such. developments are best suited to properties with severe development limitations such as steep slopes, trees and wetlands because attached dwellings are well suited to clustering techniques. hi addition, use of underground parking can minimize the size of the structure footprint. Retail commercial varies with the type and scale of development but should be designed to be compatible with nearby residential uses. Sidewalks and trails should be provided to connect these smaller commercial developments to surrounding neighborhoods. Such developments are best suited to properties that are flat, open sites with few physical constraints as building footprints tend to be larger and parking needs high. Bulk Standards - Based upon the concept plan it does not appear that minimum bulk standard requirements have been provided. The concept plaza shows proposed uses and placement on the site; commercial uses (retail and restaurant) on the north and east sides of the property and senior housing along the south. The plan does not provide specific information in relation to bulls standards and performance standards as required by City Code. Under straight zoning, one principal building/use is allowed per lot and each lot trust meet bulls standards and performance standards on its own. NB (Neighborhood Business), standards based upon the proposed Concept Plan: Lot Area Lot Width Setback From Public Right-of-Way 30 feet Side Yard Setback 10 feet Rear Yard Setback 20 feet Adjacent to property guided* for 30 feet residential use Structure Height (max.) 30 feet Green Space 30 percent Building Cover (max.) 20 percent Major Thoroughfare 100 50 feet or 100 feet from right-of-way centerline, (B Minor Arterials)* feet whichever is greater Minor Thoroughfare 80 feet 40 feet or 80 feet from right-of-way centerline, (Major and Minor whichever is greater Collectors)* I~-7 Plarming Report- Positive Companies, LLC October 28, 2008 Page 4 , *Diffley Road is designated as a B Minor Arterial per the city's Comprehensive Guide Plan Blackhawk Road is designated as a Major Collector per the city's Comprehensive Guide PI all R-4 (Residential Multiple), standards based upon the proposed Concept Plan: Lot Area 4--6 unit buildings 5,000 sq. ft. per unit 5 + unit buildings 2,750 sq. ft, per unit Lot Width None Front Yard Setback 50 feet Side Yard Setback 30 feet Rear Yard Setback 30 feet Structure Height (max.) 60 feet Building Cover (max.) 20 percent Major Thoroughfare 100 50 feet or 100 feet from right-of-way centerline, (B Minor Arterials)* feet whichever is greater Minor Thoroughfare 80 feet 40 feet or 80 feet from right-of-way centerline, (Major and Minor whichever is greater Collectors)** *Diffley Road is designated as a B Minor Arterial per the city's Comprehensive Guide Plan Blackhawk Road is designated as a Major Collector per the city's Comprehensive Guide Plan i Special density credits: The minimum lot area requirements can be decreased where garages are below grade to the extent that the site area normally covered by garages can be occupied by other uses. The minimum required lot area be reduced by 300 square feet for each dwelling unit served by an underground garage. Parking Based upon the concept plan it does not appear that adequate parking can be provided. The City Code requires the following minimum parking spaces: Restaurant: One parking stall for each three seats based on capacity design. • Retail stare: One space for each 200 square feet of floor area up to 10,000 square feet and at least one space for each 250 square feet of floor area between 10,001 and 30,000 square feet. 0 Hotel: One space for each lodging room plus one additional space for each eight units. Multi-family dwelling unit: Two parking stalls for each unit (at least one covered or underground), with no specified parking standard for senior housing facilities; however, the City has applied a requirement of one space per unit in other Senior Housing developments. Office: One parking space for each 150 square feet of net leasable floor area. 14 Planning Report-- Positive Companies, LLC October 28, 2008 Page 5 , Bank; One parking space for each 150 square feet of net leasable floor area plus five stacking spaces for each drive-through window. The parking stalls should be 10'x19' in size with a 24 foot drive aisle. The Fire Department will need access entirely around the Senior Facility. Also, a parking setback of 20 feet is required from any public street and 5 feet from side and rear lot lines. The minimum parking setback increases to 20 feet for properties adjacent to residential zoned properties or properties guided for residential use. I Landscaping - A Landscape Plan will be required with a building permit. I Parks and Recreation - This development shall be responsible for a cash park dedication and a cash trail dedication for the newly created lots based on the rates in effect at the time of Final Subdivision. However, a preliminary analysis of park and trail dedication fees has been calculated based upon the concept plan. The analysis has been completed utilizing 2008 dedication rates. The APrC (Advisory Park and Recreation Commission) has recommended that the rates remain unchanged for 2009. Parks 2008 • Commercial = $869 per 1000 sq R of building e Residential/Apt/Multi = $3212 per unit 1. "RETAIL" @ 15,000 Sq Ft Commercial Rate 15 x $859 = $13,035 2. "RESTAURANT" @ 4,000 Sq Ft Commercial Rate 4 x $869 = $3,476 3. "RESTAURANT/RETAIL" @ 9,400 Sq Ft Commercial Rate 9.4 x $869 = $8,168 I 4. "BANKIRETAIL/RESTAURANT" @ 3,600 Sq Ft Commercial Rate 3.6 x $869 = $3,128 5. "MEDICAL OFFICE/HOTEL" @ 9,520 Sq Ft/ footprint only Commercial Rate 9.52x$869= $8,273 pert floor @ 9520 sq ft) 6. "SENIOR HOUSING" @ Est. of 100 units (80-120 range) Residential/Apt/Multi 100 x $3,212 = $321,200 Est Total Parks Dedication = $357,280 + est *8,273 per floor for building #5) I ~Lj Planning Report - Positive. Companies, LLC October 28, 2008 Page 6 Trails 200$ • Commercial/Industrial = $1,251 per "Net Acre" • Residential = $250 per unit Because the "Net Acre" calculation for the Commercial/Industrial designation takes into account the entire site including elements such as easements, land dedications and public roadways said calculation is best made utilizing a finalized site plan during the final development review process. The calculation for any Residential designation is made using a simple per unit factor. Grading) Topog_rauhy - Portions of the site have been previously graded for pasture and residential uses and is open and has varying topography. Stortu Drainage/ Water puality- - Storm water runoff from this site is designated to flow to Pond AP-51 (as designated in the City Stott Water Management Plan - 2005) in the southwest corner of the site. This development will be required to provide water quality treatment of storm water runoff in accordance with current City standards. Utilities - Existing sanitary sewer and water main are available for this development frorn within Blackhawk Road to the west. Streets/ Access - Public street access is available for the development from Blackhawk Road to the west. Access to any portion of Diffley Road (County Road 30) from this site does not meet the County's access spacing guidelines from Blackhawk Road or 1-35E, and will not be allowed with platting of the development. The proposed change in land use would result in increased traffic volumes from the current land use guide. The current medium-density land use would generate approximately 200 vehicles per day (20 peak hour) while the proposed land uses identified in the concept site plan would generate approximately 1,100 vehicles per day (130 vehicles peals hour). The proposed land uses would likely require.the construction of left and right turn lanes on Blackhawk Road into the development. The construction of these turn lanes would be the responsibility of the developer. The concept site plan depicts a private vehicle service drive to access multiple lots. The creation of lots without public street frontage would require a variance at time of subdivision of the property. Also, private easement agreements between all properties to cover maintenance and access would be necessary with this form of development as shown on the concept plan. Easements/ Right-of--Way - The construction of a northbound right-turn lane and trail (cast side) on Blackhawk Road at Diffley Road is proposed for construction by the County Transportation Department in 2009. This development should be responsible for dedication of the right-of-way necessary for this construction. Planning Report - Positive Companies, LLC October 28, 2008 Page 7 , SUMMARY/CONCLUSION The subject area is zoned R-3 (Residential Townhouse) and guided MD (Medium Density); the applicant is requesting to change the Guide Plan to HD (High Density) and RC (Retail Commercial) to allow for Senior Housing and a mix of commercial uses. If the Comprehensive Guide Plan Amendment is approved, a rezoning of the properties must - occur so that the appropriate zoning categories are consistent with the Land Use designation. Staff suggests a Planned Development zoning would be in the best interest of the City to insure that development of the site is uniform and cohesive. The concept plan does not address all bulk and performance standards, but it appears the site is appropriate for the proposed uses and can accommodate commercial and high density residential uses. If the City Council reaction to the Comprehensive Guide Plan Amendment is favorable, implementation of the Amendment can be delayed until the Rezoning and Prclilninary Subdivision, applications are before the City Council. Access to the site is from Blackhawk Road to the west. Access to any portion of Diffley Road (County Road 30)' from this site does not moot the County's access spacing guidelines from Blackhawk Road or 1-35E, and will not be allowed with platting of the development. ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Guide Plan Amendment to change the use from MD (Medium Density) to HD, High Density and RC, (Retail Commercial) for 10 acres located at the SE corner of Diffley Road and Blackhawk Road in the NE'/d of Section 29. II I Current Zoning and Comprehensive Guide Plan Land Use Map Positive Companies Comprehensive Guide Plan Amendment 29-CG-05-09-08 i a Zoning Map Qaa , : e: u pJ = ~ • ii Q ~ -w:, 1 C7 } ~ ~ ~ ~ ❑ i1 i7 I, c P o li, r Go: Current Zoning: Pp_ Location fiJ R-3 iua Residential Townhouse ii ul5.A.H. AG, 34 MFLEY RORbl PD R'3--.a 8 {]Q ~1 fS v jl r'F rl 2° ' n _ CUE tiP fi r 'a i I. n f ~~y ~ r L :-r k n (1 cry a[ •F coa o Goa 7zaa F-E Comprehensive Guide Plan Land Use Map 4.Q 4 P ® s} . V-1 n fl 41 f.n7U - RG Location Current Land Use Designation: om fm QP C,5,&H. no, as IWFLEr R°!Ib) MD MB Mil RG Medium Density Residential ~a a L r _ 2 C ~ 1' - I a y'' c = C~ `N, II saa a - sao 1201) Feat ` Parcel Lase taap InfermativR prvvEdecby Dakota County EandswYVy ~cparlrncn! Recrn6er 2aR5. N ZvnEng inforrrratEon ma3nta€nod 6yCiky Bias[ City of Eap l 5a ~v THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. S Eagan Boundary Right-of-way tE Parcel Area Location Map = Park Area Ej] Building Footprint 4 n a p Q p ~ ~0 O r p - - 3 C~7 ~ ❑ ~ p ---e,..~ ~ d i7 I TF' c~ it ❑ Q 4 Fl Cl ~ d ° ❑ as i7 I a ~ ra e o 4 ^,v a 4 ~ Q? a q b ~ ¢ ie.ar+~.+ar+e r~ O ~ ° °q ci c Illf - C - ® p n ° ° r o ~ Subject Site o tiD T3 Q ra . O - - ~ nn ~ • f5 _ O SS p 4 ~ ~ ~ _ Z ra Q _ p tl ~ ' 4 o p ~ E5 i~ ~ IMMEl O D Q b a ~ } d DM C3 A a -v- n o o a 1 _ tt p a 40_ ~ f } ; ,eo H 9 I V /J C~ C ICI ° }ppp 0 1000 2000 Feel Develop ent/Developee. positive Companies Application; Comprehensive Guide Plan Amendment Case Noa 29-CG-05-09-08 N I City of E w 'rHES MAP i5 iNTSNDF:D FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are 5 Cnmm~n3ty Develnpfnnnt DepaRmenc not responsible for errors or omissions. Sigg I I r .r I I 'F C ,ter: a ~s I II I 1,57q U BERWIAWK OP.NE I 1 41 N\M\-~\\ \ - ~ l 1 L~q t\ \ \ \ , X AN. 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ENCINMRINC 8c E)ESFCN L601 ZKS AVDM Uo ARUDES 0n-SLM 310. n MkI UOTA rntira >R uu+C FO>tsarA sf.l+'zC FK+~ mx N7[I+3~7Tb341I (65'S TTW~F{ Agenda Information Memo November 5, 2008, Eagan City Council Meeting G. INTERIM USE PERMIT - LARRY WITTWER [4785 ERIK'S BLVI)~ ACTION TO ICE CONSIDERED: To approve (or direct preparation of findings for denial) an Interim Use Permit to allow a outdoor storage of two commercial vehicles on the property at 4785 Erin's Blvd., legally described as Lot 9, Block 4, Twin View Manor in the NE 1/¢ of Section 33, subject to the conditions listed in the APC Minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The property is a corner lot and contains a single-family home with attached garage. ➢ The Wittwer's have lived at this property since 1971 and operates a business (L&L Welding) from home. ➢ A setback variance to permit a third stall garage addition was recently granted by the City Council, and that addition is currently cinder construction. The construction also includes an expansion of the driveway. ➢ During review of the Variance request, it came to our attention that there was an outstanding issue of commercial vehicle storage on this property dating back to 2005. ➢ A condition of the Variance approval required that the commercial vehicle storage cease by December 31, 2008, unless an Interim Use Permit permitting such storage was obtained. ➢ The proposal involves storage of two services tracks at this residential property. The trucks are too large to fit inside the garage. One is currently stored on the driveway and the other on Erik's Blvd. in front of the property. ➢ Once the construction on the garage and driveway are complete, the two trucks will be stored on the driveway. ➢ A term of 7 years was requested by the applicant, and recommended by the APC. ➢ The Wittwer's submitted a petition and several letters of support from neighbors. ➢ The APC held a public hearing on October 28, 2005 anti did recommend approval. ISSUES: None 60 DAY AGENCY ACTION DEADLINE: November 14, 2008 ATTACHMENTS (4): Location Map, page ~ September 28, 2008 ~ M inutes, page (0 Planning Report on pages (PD, through C ~ Petition and letter from neighbor, pagesl through I Eagan Boundary Hight-of-way Location Map Parcel Area - i Park Area Building Footprint a r t~~ Subject Site -XCL IFF ry n 7 Li C7 tl d f • J ~f ;E: ~ '~~`^~e ~ j L33 {f `c ai7~D 4• ~ c.~' `r•~,,y_M1y~ L;5 C p 4 J w E? 1 fi7 euwe . J" L.?,:s $p ~ ~ pf 1 ~~~r 1 SCI ~ r ~ ~ ° _ - ~ D,~ovwv - ~ C x D r7 ' one P a ~ io S y, - ~ C• ~ - ca ~ i; ra ti~ ~ # ` ~ = - is - ; 1,5 - Ippp p 1000 2000 Feel Development/Developer: Larry Wittwer, 4785 Erik's Blvd. Application: Interim Use Permit Case No.: 334 N-Q2..©9-©8 N THIS NEAP IS INTENDED FOR REFERENCE USE ONLY ITT~C U wan µ F The City of Eagan and Do kola CauMy do not So ara Mee the accuracy of this in Formation and ara S C.-munily D-Vdopment pepartmonr not responsihly for errors or 0miss inns. 0ctn1)cr 28,_ ._W8 P,i e. 3 of 6 i B. Erik's Blvd IUP Applicant Name: Homeowner Location: 4785 Erik's Blvd; Lot 9, Block 1, Twin View Manor Application: Interim Use Permit An Interim Use Permit to allow outdoor storage of commercial vehicles. File Number: 33-IN-02-09-08 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated October 17, 2098. She noted the background and history. Applicant Larry Wittwer explained that he has lived at the-property since 1971 and that the trucks are constantly being used - not stored on the property: He discussed his business and history in Eagan. He stated opposition to the 3-5 year term proposed and explained that he should be grandfathered in and allowed to have the trucks on his property. He stated he has never encountered conflict with his neighbors, who hie petitioned for him to be allowed to have the trucks on his property. Planner Dudziak stated an additional letter and petition were received and distributed to the Advisory Planning Commission. Chair Hansen opened the public hearing. Gordon Byers, Eriks Blvd, explained that he has lived in his home for 40 years and has no objection the trucks being kept on the property, nor has he heard complaints from other neighbors. Dan Reisdorfer, 1415 Do`Eores_. Lane, stated the trucks are quality vehicles, well maintained, and Mr. Wittwer, being an asset to tiie neighborhood `should be allowed to have the trucks on his property. Chair Hansen explained that he fives irk the neighborhood and can vouch that the trucks are a fixture in the neighborhood and are very well maintained. Member Filipi asked for clarification of the proposed 3-5 year term. Planner Dudziak responded by explaining that an Interim Use Permit is typically for a 3-5 year term. Member Zoberi stated a term of seven (7) years is appropriate considering the length of time the applicant has been in business in Eagan. Mr. Wittwer stated seven (7) years would be sufficient and will prevent him from having to reapply and gather petitions again. There being no further public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Member Heaney moved, Member Keeley seconded a motion to recommend approval of a an Interim Use Permit to allow parking of two commercial vehicles in a residential zoning district I LeD A.cJvisory Plau ing Co --mi issio Cktober'28- '20081 on property at 4785 Erik's Boulevard, legally described as Lot S, Block 4, Twin View Manor in the NE % of Section 33, subject to the following conditions as amended: 1. The Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City, and proof of recording shall be submitted to the City. 2. The permit shall terminate in We seven years. (November 1, 2615), 3. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. This permit approves the outside storage for two commercial vehicles, which shall be located as shown on the approved site plan. Member Chavez explained that the rationale for the.7-year term.is based on the history of the truck storage at this property, without problems, and the fact that,the applicant has lived at this location and operated this business from his home for 37 years. i A vote was taken. All voted in favor. Motion carried: 7-6. PLANNING REPORT CITY OF EAGAN REPORT DATE: October 17, 2008 CASE: 33-IN-02-09-08 APPLICANT: Larry Wittwer HEARING DATE: October 28, 2008 i PROPERTY OWNER: Larry Wittwer APPLICATION DATE: Sept. 15, 2008 REQUEST: Interim Use Permit PREPARED BY: Pamela Dudziak LOCATION: 4785 Erik's Boulevard COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single Family Residential SUMMARY OF RE UEST Larry Wittwer is requesting approval of an Interim Use Permit to allow parking of two commercial vehicles in a residential zoning district on property at 4785 Erik's Boulevard, legally described as Lot 9, Bloch 4, Twin View Manor in the NE 1/40f Section 33. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 6 states: The Council may issue interim use ' permits for an interim use of property if: A. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the bulk and performance standards of the zoning regulations herein; B. The date or event that will terminate the use can be identified with certainty; C. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and D. The user agrees to any conditions that the Council deems appropriate for permission of the use; and E. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. Planning Report Larry Wittwer (4785 Erik's Blvd.) October 28, 2008 Page 2 City Code Chapter 11, Section 11 .50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Plam-ung Commission shall reconunend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any personas, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/M STORY The property was platted in 1$58 and the existing home was constructed in 1971. The applicant is the original owner of the home. A setback variance to permit a third stall garage addition was recently granted by the City Council, and that addition is currently under construction. (C Planning Report - Larry Wittwer (4785 Erik's Blvd.) October 28, 2008 Page 3 , During review of the Variance request, it carne to our attention that there was an outstanding issue of commercial vehicle storage on this property dating back to 2005, Staff and the City Attorney concluded that the Interim Use Pen-nit is a mechanism in the City Code that allows the City to consider uses not ordinarily permitted in a zoning district on a temporary basis. As a result, a condition of the Variance approval required that the commercial vehicle storage cease by December 31, 2048, unless an Interim Use Permit permitting such storage was obtained. EXISTING CONDITIONS E The lot is 28,035 sq. ft. in area and contains an existing single-family home with an attached garage. The subject site is a conger lot, located on 4 the northwest corner of Erik's Boulevard and = Dolores Lane. Driveway access is from Erik's Boulevard, The driveway is surfaced with concrete. A garage addition is under construction, and will include an expansion of the driveway SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Desi nation North Single-Family R-1, Single-Family LD, Low Density South Single-Family R-1, Single-Fancily LD, Low Density East Single-Family R-1, Single-Family LD, Low Density West Sin le-Fannily R-1, Single-Family LD, Low Density EVALUATION OF REQUEST Compatibility with SurroundingArea Outside storage of commercial vehicles is not permitted within residential zoning districts. However, the purpose of the Interim Use Permit is to allow a reasonable use of property for uses not specifically permitted in a zoning district on a temporary basis as deemed appropriate by the City Council upon recommendation of the Advisory Planning Commission. The Applicant has provided two letters from neighbors in support of this request. The letters are attached at the end of this report. Proposal This specific proposal involves outside storage of two commercial vehicles. The Applicant has owned the property since 1971 and operates his business (L&L Welding, Inc.) from home. The Applicant currently has two service trucks which are parked at the property one truck is parked in the driveway and the other on Erik's Boulevard in front of the property. 14 Planning Report - Larry Wittwer (4785 Erik's Blvd.) October 28, 2008 Page 4 According to the Applicant's narrative, once the garage addition and driveway expansion are completed, both trucks will be parked on the driveway. Because the trucks are too large to fit inside the garage, they need to be stored outside. Term - The Applicant requested a 7-year term for this Interim Use Permit. Staff suggests a term of 3--5 years would be more . appropriate for this interim use. The City Council discussed the storage of commercial vehicles at this property in 2005, W, w and at that time the expectation was that the vehicles would be removed from the property upon Mr. Wittwer's retirement, which was anticipated to be within "about 2 years." However, three years have now passed and Mr. Wittwer has not retired, and expects to continue working for several more years. SUMMARY/CONCLUSION Larry Wittwer is requesting approval of an Interim Use Permit to allow parking of commercial vehicles in a residential zoning district on property at 4785 Erik's Boulevard. The commercial vehicles are proposed to be parked on the driveway. A term of seven years is requested, however, staff suggests a term of 3-5 years would be more appropriate. ACTION TO BE CONSIDERED To recommend approval of an Interim Use Permit to allow parking of two commercial vehicles in a residential zoning district on property at 4785 Erik's Boulevard, legally described as Lot 9, Block 4, Twin View Manor in the NE 1/4 of Section 33. If approved, the following conditions should apply: 1. The Interim Use Permit shall be recorded at Dalcota County within 60 days of approval by the City, and proof of recording shall be submitted to the City. 2. The permit shall terminate in live years. (November 22013), 3. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revolted for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. This permit approves the outside storage for two commercial vehicles, which shall be located as shown on the approved site plan. Eagan 6ox€ndary II Right-nf-way Location Map Force] Area L~ Park Area Building Footprint r i r [ } . i ~ ~ [l 3 ll~ _ u ~onx-•..rn+` ~7 Li ~ [ ? f 7 ~ p~`~ 4 i 1 ~ ~ c.3 _ i i ~n b ' t3 C'j ~ • = 1 T l , L t~ S € r7 + Subject Site C~ . n1 n` 5]G ~-ci- .7 'Q .,r, "Dr•L~: O tr} r.fi y,e,w c L, ~•%Z,~ L? e __C' J~ .3 = Cry ] ~ O ~ Lt: , ~ f ~ e F' ~UC^ ~ - ~ ~ S. I CJ I ..eke' f] SI Y r ~ : {3 4 g* p 6~ ~ ~ t: ' F'• ~ ~ Sl t3 - i-•. Ler,rorrJ ~ ~„n _ ~ ~ ~ s 7 ~ •'7 s ~ 47 ;4 'mac d ° °s ~~u i~ 4i = a etifl cr J~ c f.= rr L C ~ 4 J 3000 4 TODD 2000 F=!v Development/Developer.- Larry Wittwer, 4785 Erik's Blvd. Application: Interim Use Permit Case No.: 33-IN-02-09-08 f fly Il ap THIS MAP FS INTENDED FOR REF1=RENCG USE ONLY w 66 The City of Eagan and Dakota County do nut guarantee the accuracy of this Iriformation and are SS Commun€ty Development Pep artrmnt not responsible for errors or omissions. I Current Zoning and Comprehensive Guide Plan Land Use Map Larry Wittwer Interim Use Permit 33-IN-02-09-08 S Fly Zoning Map r 1 TF Po ~P i- L Hbr 3Y {CLIFF pbAn3 Q Location Current Zoning: IT 3 F+ [S L3 SI P.- 1 Single-Family P Et 4 C - 3 ,s.~ cy P .G e s= I S + A E J [f _ 660 0 R9~ 7200 Fee! ` II~\ fff ' Comprehensive Guide Plan `i LQ u Q C,3 L Y, ' ~s a1 i7 Fa ;!1 ~+Q ~ Land Use Map ' sad QP 3, ~ 4P T} ..~~ti I 1. Na, ] 2 [CLIFF ROAD] ~ " ~ ' ~ [ 4l E, 4 C L3 ~ / et w+f a ear '7 ~ t ~ ~ n yl v Locatit?n a f,/ ~ [r[ Current Land Use Designation; ~ ~ a~ " Sri II ~ LO 3 E . Low Density L p r= p ~t c II _ L y P LD L TL~ € 60a v 600 7200 Fe o! A N Psrccl base map inFarmaslon preHdedhy JDakola Ceunly Land survey neparfxnert Recm6a 2 005. - Zvning inlo.mafian malnEsined hjC 12y StatE THIS NEAP IS INTENDED FOR REFERENCE USE ONLY qty o Eaa The City of Eagan and Dakota County do not guarantee the accuracy of this Information. S -~~=""x: ~w ~ ~ ~ ~s Yom.- ~ =r_`~-"',~"-,''"~=--~"r,--~~~~``'~-, L y~. •,D~ " 3-' -~:.~in~.::s Apr- ~.~~i F °ic. F T age a Tl: 94*~ rs"'sS•'.T-.. _ d-•:~'. _ ~:1.: _.css -:r'l . }-s -'k mom: _ a}}'_~$ ~`;=a,'Yu•;~ . F. . -4, - r III + ~Y"~~._,•_._ s-,_'-.r~r=:: _ - - Al, :.r.?-r-`~ .''s: - °S'".. _ a'~~~. wry ~a'~.: - Tyr: - - Yom; . ¢ ;w s, ~ _ - ,-a,:~, ac's _ _ ~c•,r - ~ 1 ,..:_t" Sys" w~'~:~- _~r . i:.. 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Tcr,. .F ~ .ar•.~.` ~_~k'i:.~mm Se~ yet _ _ _ di~-3 s ,a . s _ 'mss • ~.'s~• i<.,`~,,~ ~•=ir:~.. .?f a-•~.x-<~_M:: - .'~E~°,. 7f 52 . .e ..,ter.'- ~r - .:~~:c Y.P~~ 1~;~ ~-.<r-- 3: .~.+e~-~p : } _ ` `-t~~~ .i. •'r,'.cYK~c..~, a'`=:ti - ~•~:~~5sf r,. iGy'~.: ~R~t='~...a-t._~:~?.~.c•~~#~:_~ _v3 ~~JJ~n-°';=i? V-^:. •.!>y~~ ~rw'~`~ a~--- ~"F:` '•-a, r.:.~'y . _ r•: - <•}-f:-i" X51:. „ s'-` •'3 ----:a•3: -yam. ~Y:' :,7i.: ::,r "~-5- - - ~sY ?'s''^~.ax=.. ~ _ - ms's -Q~'~. -`.~.1 _ _ _ vy - r: .r,..r• v~'~~~~' .r" ~-.:-}liars. -sew i~ ~ ~ 2" ~••:~~_c=.w-- : ~~'~i--i[a;' 'FCC -y,l i^~+' x,-~--~• _ 1=s ,~L'i ~:-'.'v'` ~ `i..~r_ ~ti•..xaw ,~•"g-^T• .T..•.T~ ~,~7` x~'?~ y `7~ 2 EyJ.. _ c"m! e J rW `J r I a I ~..-t.~_.._-•' .3 Ali ~i CIO xz~ l pq ❑ate: 65ep2008 Larry and Linda Wittwer, L&L Welding, Inc. 4785 Erik`s Blvd. Eagan, MN 55122 To the Mayor and members of Eagan City Council: we are upright, involved and law-abiding citizens of the City of Eagan. and have been since 1971. We raised our four children here (our oldest daughter Lisa, now 40, was a gymnast traveling with the U.S. Gymnastics Tears nationally and internationally and later went to compete at the U of M; Larry Jr., now 38, is a West Point graduate and a Lt_ Colonel in the U.S. Army, he is currently serving in Afghanistan, on his third overseas tour; Lee, now 34, is a Navy Seal and has been deployed more than five times overseas and is just leaving for his latest tour, also overseas; Luke, now 32, works in Construction around the Twin Cities and helps his Dad, if necessary, on weekends). We are small business owners; living and working independently in Eagan since 1971, back when Eagan was only a Township. ❑ur business clientele rarely comp to our home for the business, so the traffic patterns of the neighborhood are not affected. Larry and 1 have worked over the years, many times 7 days a week, to give our family a good life, a nice home, in a nice neighborhood, surrounded by good friends; and, our helpful neighbors help us keep a watch on the security of our trucks and us too. Our trucks have many expensive tools and equipment, and are the main provider of our livelihood. i Larry is a decorated and wounded Vietnam: Veteran (earning two purple hearts in the Army), He is also a recent Cancer Survivor (surgery and treatment fast year). Larry has worked in and around Eagan, at various residential developments, when he worked as a constmction worker from 1967-1971. He has and still does work for many towns and cities throughout the Twin Cities area, including the City of Eagan: he excels at various welding (mainly heavy equipment type) and mechanical jobs, including conductivity testing and also thawing frozen water lines (where he continues to work on an "On Call" basis and wants the freedom to do so, until the time he chooses to retire and sell the trucks). We built our [zone at 4785 Erik's Blvd. in 1971. Larry started with his first two worldService Trucks back then and today, he has two top grade, updated Service Trucks. Sack then; the first truck was parked on the ravg el road out in front of the house on Erik's Blvd, and the other one was parked to the side of the house. on Dolores lane (at that time, a dead end street). Larry's focus is as a heavy -equipment mechanic and welder; he travels directly from our homelbusiness to the job site and so we must have both trucks available for easy access, as the job can change during the course of the long work day (often 6 am to 6 pm). Our Service Trucks act as shops on wheels, and as such, 1 often have to bring him tools andlor materials from the remaining truck. Our trucks have many expensive tools and equipment, worth over a hundred thousand dollars; keeping our Service trucks at our home/business, we know they are safe, secure and available for the "Ors CallVemergency jobs, 1 am the office administrator, phone center and bookkeeper; and, as a partner, I also need easy access to the Service trucks. Larry built and designed both types of Service Trucks and has always kept them in great shape with a beautiful paint job on each (there have been 7, L&L Welding, inc. Service Trucks, over the years); Some of Larry's favorite phrases are: 1 keep my trucks in First Quality condition, because 1 do Quality Work; and, how they look shows how i conduct and represent my business and the quality of work they can expect from me. Our trucks, and their location, have never interfered with Eagan City trucks/vehicles - snow plowing, street sweeping, etc. When our garage addition is complete, we will be parking the Service Trucks in our driveway. We have never had a complaint from any of our neighbors about our trucks; as a matter of fact, in the summer of 2005, they came to our aid with a neighborhood wide petition, to show their support for keeping our Service trucks at our homelbusiness after some unknown entitu called and complained to the city. 1-70 RECEIVED SEA' 18 2008 The Mayor and City Council members agreed that we could keep the Service trucks until Larry retires (at that time we thought we gave an estimate, of a couple years dowry the road; but, fighting Cancer is expensive and the economy is not now, what it was back then). The children of the neighborhood call out to Larry, "Hi, Mrs. VVittwer", because he jokes around with therm calling the girls, bays and the boys, girls. They know they can come to him to help fix their bikes and love it when he blows the truck horn for them when they motion, up and down with their hands. Larry has also made himself available for various neighbors' wielding and construction projects through the years, Larry, now 63, and I have worked Iona and hard to aet our business to the point it is in our lives today; we have given our family a good life, often working 7 day work weeks, with jobs frarn Gam to 6pm, and sometimes ever later. Now, that the children are on their own, it is our time to build up a hest egg for our "Golden Years"; and, we need our Service trucks to be able to accomplish this goal. And Gott forbid, if Larry's Cancer returns, then that will create a whole new dynamic for us For the past three years, we thought we had been granted grand-fathered protection against further problems about our Service trucks (related to the city council meeting and issue resolution, back in 2065), but we were recently told that we are not grand-fathered, for some unknown reason. So, we are applying for a renewable permit with an initial length of seven years minimum, and/or specifying, that it be granted until we retire and gait the business and sell our trucks. Our neighbors are again starting a neighborhood petition to show their support for keeping our Service Trucks at our home/business, We will have that for you also, at the City Council Meeting. Thank you for your time and consideration! Sincerely; y " C Linda and Larry Wittwer-, L&L ►!t_telding, lnc. I i II September 18, 2408 I' Dear Mayor Maguire and City Council Members: We are next door neighbors to Linda and Larry Wittwer. We have been neighbors to them---arid their trucks-for 22 years now: The trucks are not a problem to us. In fact, they are a reflection of the Wittwers' strong work ethic and dedication to a job that we all should have. Furthernnore, the trucks are more of an asset to the neighborhood than a liability since Larry willingly uses them to help anyone in need. If anyone needs a bicycle or lawn furniture repaired, a tree or stump pulled out, etc. Larry is there to help. The effect moving the trucks would have on their small business would be great. The service Linda and Larry provide is unique. When he gets a call from a little old lady in the winter whose pipes have frozen, you can bet she's grateful that he is able to start up his truck and be at her home in short notice. That would not be possible if the trucks cannot stay on Eriks Blvd. That is only one small example of the negative effects of making the trucks leave. We ask that you please allow Linda and Larry to keep their trucks, and our neighborhood example of a successful American dream, at their home until Larry's retirement. Sincerely, athi and Jo einzetl 4775 Eriks Blvd. RECEIVED SFp I a 2008 Clan and Mary Reisdorfer Date: 16Sep2008 { 1415 Dolores Lane Eagan, MN 55122 To the Mayor and members of the Eagan City Council: We live directly across the street from Linda and Larry Wittwer (our house borders Dolores Lane and Erik's Blvd.) and their home based L&L Welding; we have known them and been their friends since we first moved in, almost 15 years ago. We know that Larry, Linda and their family are upright, forthright; plain, goad people; and, they are actNre and involved citizens of the City of Eagan and the state of MN. We feel that they and their home based business are an asset to this neighborhood and our community. Larry and Linda are productive, successful, hard working, small business owners who have lived and worked in Eagan before most of us moved into this neighborhood (and before Eagan was even a City), Since we live directly across the street, if anyone is justified to complain about the impact their trucks make on our neighborhood, the impact on our streets, the traffic, etc. it would be us. But, we have never had a problem worth going to the City of Eagan over, we know that we can simply go over to them and talk over anything that we feel is an issue (and l know they know they can do the same with us). Having their Service Trucks at their home for business has never been an issue. Larry and Linda have made themselves and their work/business related skills available for many neighborhood projects from bikes to furniture, trailers to tables and lawn mowers to garages, etc.. If they weren't here, this neighborhood would be a while different place. They have our complete support for their home based business and their Service Trucks location here in our neighborhoods Larry has always kept his Service Trucks in Top Quality condition, with Show Quality paint jobs and is always keeping them well maintained and updated. In closing, l can't think of a better, more helpful neighbor to have than Linda and Larry; and, we don't want them to have to possibly move and leave Eagan, especially, when we thought this issue of blatant harassment was dealt with permanently at the City Council meeting back in the Summer of 2005 and our neighborhood wide petition we signed back then (as far as l know, neither Linda or Larry has not talked about being retired to me or my family). We will definitely be signing the new neighborhood petition to again show our support for them, their home based business and the right to keep their trucks across the street from us until they choose to get out of the business and sell their trucks. II RECEIVED SEP 18 2008 173 C-7 A, AA -T o C~, Gc~. P ~,9` r „ter r I ~a U-7- 1c - 11~4 5 Fr 41-, "i Z., olp :cars F G~ f Lis C~ S RECEIVED OCT 2 S 2008 "Y1f1JC sLr~U 74 AA~ ~r i `17.5 n Y7~1~ 7 ]5'i'str!!s1VbtK'_ oc ~'l I `f 179 t q7s 94ve- 1~e I ~ 031 r q Dy" gg+iF ~ yy Q O, LU ~ j M L ~ L1J LU Z E:7 ~ ► IqU City Of Eagan October 2008 Page To Whom It May Concern: We, the neighbors of Linda and Larry Wittwer, 4755 Erik's Blvd., Eagan, MN Hereby request that the City of Eagan grant an Interim Use Permit to allow Larry to continue parking his work vehicles at their property (in their driveway or, in front of the house - only when necessary) until he retires and sells his work trucks. He is 63 yrs. old now. Larry returned from Vietnam with two combat injury related Purple Hearts. In 1971 the Wittwer's built their home here in Eagan, and have been productive citizens and caring neighbors since then. Last year Larry survived a tough battle with cancer and is currently in remission; that, along with the prolonged recession we are (and have been) in, have changed his plans for retiring early. We thought that we had taken care of everything related to this issue in 2045, when the first neighborhood petition was signed, telling you on the City Council, that we want them to stay and be able to continue working and earning a living here in Eagan, until Larry decides to retire (wee used an estimate of about two years, at that tune); and, thinking thafthey should have been, but now would then, be grandfathered into any future changes in city policy. Eagan should be a city that is proud of the work that all of its citizens do and should allow neighbors who live in the close proximity of anyone's work vehicles, to decide if they are an asset to the neighborhood proper, if it ever becomes an issue. But, we also think that it is even more important when someone has lived in a neighborhood for longer than anyone currently living there (e.g. Linda and Larry Wittwer), that they be given an automatic exemption, if they keep their vehicles in good running condition for their business. Larry's work trucks are top quality and he always keeps them in good running condition (he has made numerous upgrades). We, the undersigned, want Larry and Linda Wittwer to be allowed to park their work vehicles at their home, at such time and until Larry decides to retire and sell them. That includes, if he decides to keep one work truck for specific work use, after officially retiring from his job as a Heavy Equipment Mechanic and Welder (they should not have to work for WalMart or MacDonald's to earn extra spending money during their golden/ retirement years). NAME and SIGNATURE ADDRESS ' AI 25 i a~ _Y I 1 t..J' ~51~'S~r~Y1G- N'k ir'A 0 1. J i (P ~ € S L 1 17 r Ohl 41v ~Z~- RECEIVED OCT 2lll)B City Of EMU- October 2008 Page To Whom It Nfav Concern: 'Vice, the neighbors of-Linda and Larry Wittwer, 4785 Erik's Blvd., Eagan, MN Hereby request that the City of Eagan grant an Interim Use Permit to allow Larry to continue parking his work vehicles at their property (in their driveway or, in front of the house _ only when necessary) until he retires and sells his work trucks. He is 63 yrs. old now. Larry returned from Vietnam with two combat injury related Purple Hearts. In 1971 the Wittwer's built their home here in Eagan, and have been productive citizens and caring neighbors since then. Last year Larry survived a tough battle with cancer and is currently in remission; that, along with the prolonged recession we are (and have been) in, have changed his plans for retiring early. We thought that we had taken care of everything related to this issue in 2005, when the first neighborhood petition was signed,'telling you on the City Council, that we want them to stay and be able to continue working and earning a living here in Eagan, until Larry decides to retire Owe used an estimate of about two years, at that time); and, thinking thatthey should have been, but now would then, be grandfathered into any future changes in city policy. Eagan should be a city that is proud of the work that all of its citizens do and shpuld allow neighbors who live in the close proximity of anyone's work vehicles, to decide if they are an asset to the neighborhood- proper, if it ever becomes an issue. But, we also think that it is even more important when someone has lived in a neighborhood for longer than anyone currently living there (e.g. Linda and Larry Wittwer), that they be given an automatic exemption, if they keep their vehicles in good running condition for their business. Larry's work trucks are top quality and he always keeps them in good running condition (he has made numerous upgrades). We, the undersigned, want Larry and Linda Wittwer to be allowed to park their work vehicles at their home, at such time and until Larry decides to retire and sell them. That includes, if he decides to keep one work truck for specific work use, after officially retiring from his job as a Heavy Equipment Mechanic and Welder (they should not have to work for WalMart or MacDonald's to earn extra spending money during their golden/ retirement years). NAME and SIGNATURE ADDRESS t k- d! r,-? Z/ r ~L r 47q5 RECEIVED OCT 2 8 2008 October 2008 Page Gi Of Ea an TO'laVt:om It Ma Concern: We, the neighbors of Linda and Larry Wittwer, 4785 EriWs Blvd., Eagan, MN Hereby request that the City of Eagan grant an Interim Use Permit to allow Larry to continue parking his work vehicles at their property (in their driveway or, in front of the house - only when necessary) until he retires and sells his work tracks. He is 63 yrs. old now. Larry returned from Vietnam with two combat injury related Purple Hearts. In 1971 the Wittwees built their home here in Eagan, and have been productive citizens and caring neighbors since then. Last year Larry survived a tough battle with cancer and is currently in remission; that, along with the prolonged recession we are (and have been) in, have changed his plans for retiring early. We thought that we had-taken care of everything related to this issue in 2005, when the first neighborhood petition was signed, telling you on the City Council, that we want them to stay and be able to continue working and earning a. living here in Eagan, until Larry decides to retire (we used an estimate of about two years, at that time); and, thinking that'they should have been, but now would then, be grandfathered into any future changes in city policy. Eagan should be a city that is proud of the work that all of its citizens do and should allow neighbors who live in the close proximity of anyones work vehicles, to decide if they are an asset to the neighborhood proper, if it ever becomes an issue. But, we also think that it is even more important when someone has lived in a neighborhood for longer than anyone currently living there (e.g. Linda and Larry )Vttwer), that they be given an automatic exemption, if they keep their vehicles in good running condition for their business. Larry's work trucks are top quality and he always keeps them in good running condition (he has made numerous upgrades). We, the undersigned, want Larry and Linda Wittwer to be allowed to park their work vehicles at their home, at such time and until Larry decides to retire and sell them. That includes, if he decides to keep one work truck for specific work use, after officially retiring from his job as a Heavy Equipment Mechanic and Welder (they should not have to work for WalMart or MacDonal&s to earn extra spending money during their golden/ retirement years). NAME and SIGNATURE ADDRESS L75 - 117a- as 91V4 tl-tmlk~ WX 6L 7!~gJ2/ L 0 is r of b3 69 t) J4 RECEIVED O CT 2-8 2008 1 Ci Of Ea an October 2008 Page To Whom It May Concern: - We, the neighbors of Linda and Larry Wittwer, 4785 Erik's Blvd., Eagan, MN Hereby request that the City of Eagan grant an Interim Use Permit to allow Lamy to continue parking his work vehicles at their property (in their driveway or, in front of the house - only when necessary) until he retires and sells his work tracks. He is 63 yrs. old now. Larry returned from Vietnam with two combat injury related Purple Hearts. In 1971 the Wittwer's built their home here in Eagan, and have been productive citizens and caring neighbors since then. Last year Larry survived a tough battle with cancer and is currently in remission; that, along with the prolonged recession we are (and have been) in, have changed his plans for retiring early. We thought that we had taken care of everything related to this issue in 2005, when the first neighborhood petition was signed, telling you on the City Council, that we want there to stay and be able to continue working and earning a living here in Eagan, until Larry decides to retire (we used an estimate of about two years, at that time); and, thinking that'they should have been, but now would then, be grandfathered into any fiAve changes in city policy. Eagan should be a city that is proud of the work that all of its citizens do and should allow neighbors who live in the close proximity of anyone's work vehicles, to decide if they are an asset to the neighborhood proper, if it ever becomes an issue. But, we also think that it is even more important when someone has lived in a neighborhood for longer than anyone currently living there (e.g. Linda and Larry Wittwer), that they be given an automatic exemption, if they keep their vehicles in good running condition for their business. Larry's work trucks are top quality and he always keeps them in good running condition (he has made numerous upgrades). We, the undersigned, want Larry and Linda Wittwer to be allowed to park their work vehicles at their home, at such time and until Larry decides to retire and sell them. That includes, if he decides to keep one work truck for specific work use, after officially retiring from his job as a Heavy Equipment Mechanic and Welder (they should not have to work for WalMart or MacDonald's to earn extra spending money during their golden/ retirement years). and SIGNATURE ADDRESS 2 L-3 lia- we 41 14711 4a r~rl .rte / rf 7a. • Fr r .s ff•. • i'•tf ri' it /:~C. C.j-. i t~ Lr`P et o./ V ] 9r V C/v :t j RECEIVED OCT 82040 1 gill of Ea n Qctaber ZM- Page To om ~t May C[~nce~t-n: We, the neighbors of Linda and Larry Wittwer, 4755 Erik's Blvd., Eagan, MN Hereby request that the City of Eagan grant an inter inn Use Permit to allow Larry to continue parking his work vehicles at their property (in their driveway or, in front of the house - only when necessary) until, he retires and sells his work trucks. He is 53 yrs, old now. Larry returned from Vietnam with two combat injury related Purple Hearts. In 1971 the VVittwer's built their home here in Eagan, and have been productive citizens and caring neighbors since then. Last year Larry survived a tough battle with cancer and is currently in remission; that, along with the prolonged recession we are (and have been) in, have changed his plans for retiring early. We thought *9 we had taken care of everything related to this issue in 2005, when the first neighborhood -petition was signed, telling you on the City Council, that we want them to stay and be, able to continue working and earning a living here in Eagan, until Larry decides to retire (we used an estimate of abouttwo years, at that time); and; thinking that they should have been, but now would then, be grandfathered into any firture changes in city policy. Eagan should be a city that is proud of the work that all of its citizens do and should allow neighbors who live in the close proximity of anyone's work vehicles, to decide if they are an asset to the neighborhood proper, if it ever becomes an issue. But, we also think that it is even more important when someone has lived in a neighborhood for longer than anyone currently living there (e-g- Linda and Larry Rrirttwer), that they be given an automatic exemption, if they keep their vehicles in good running condition for their business. Larry's work trucks are top quality and he always keeps them in good running condition (he has made numerous upgrades),' We, the undersigned, want Larry and Linda Wittwer to be allowed to park their work vehicles at their home, at such time and until Larry decides to retire and sell them That includes, if he deciders to keep one work truck for specific work use, after officially retiring from his job as a Heavy Equipment Mechanic and Welder (they should not have to work for WW Mart or MacDonald's to earn extra spending money during their golden/ retirement years). NAME and SIGNATURE ADDRE~~S T 4A A.- 8 a ~ R CEIVED OCT 2S 2008 Ci Of Eagan actober 2008 Page To Whom It MSV Coneern: We, the neighbors of Linda and Larry Wittwer, 4785 Erik's Blvd., Eagan, MN Hereby request that the City of Eagan grant an Interim Use Permit to allow Lary to continue parking his work vehicles at their property (in their driveway or, in front of the house _ only when necessary) until he retires and sells his work trucks. He is 63 yrs. old now. Larry returned from. Vietnam with two combat injury related. Purple Hearts. In 1971 the Wittwer's built their home herein Eagan, and have been productive citizens and caring neighbors since then. Last year Larry survived a tough battle with cancer and is currently in remission; that, along with the prolonged recession we are (and have been) in, have changed his plans for retiring early. We thought that we had taken care of everything related to this issue in 2005, when the first neighborhood petition was signed, telling you on the City Council, that we want them to stay and be able to continue working and earning a living here in Eagan, until Larry decides to retire (we used an estimate of about two years, at that time); and, thinking that they should have been, but now would then, be grandfathered into any future changes in city policy. Eagan should be a city that is proud of the work that all of its citizens do and should allow neighbors who live in the close proximity of anyone's work vehicles, to decide if they are an asset to the neighborhood proper, if it even becomes an issue. But, we also think that it is even more important when someone has lived in a neighborhood for longer than anyone currently living there (e.g. Linda and Larry Wrttwer), that they be, given an automatic exemption, if they keep their vehicles in good running condition for their business. Larry's work trucks are top' quality and he always keeps them in good running condition (he has made numerous upgrades). We, the undersigned, want Larry and Linda Wittwer to be allowed to park their work vehicles at their home, at such time and until Larry decides to retire and sell them. That includes, if he decides to keep one work truck for specific work use, after officially retiring from his job as a Heavy Equipment Mechanic and Welder (they should not have to work for WalMart or MacDonal-d's to earn extra spending money during their golden/ retirement years). NAIL and SIGNATURE ADDRESS fAM C";~ q" P`r .r 114 LL 3,z /_Ct -riae 17 RECEIVED OCT 808 Agenda Information Memo November 6, 2008, Eagan City Council Meeting H. PRELIMINARY SUBDIVISION (NORTON HEIGHTS) - BILL PEDERSON ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Preliminary Subdivision of 1.4 acres to create two single family lots for property located at 1505 Lone Oak Road in the SW'/d of Section 4, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The proposed lots meet the subdivision and R-1 zoning district requirements. ➢ The applicant is requesting approval of a subdivision to create two single family lots. A single family home is present on the southern portion of the site and will remain after subdivision. ➢ The development density is 1.4 units per acre. ➢ The property is located within the Noise Zone Buffer Zone. ➢ Access to the new lot is proposed from Skyline Trail. The driveway access for the existing home is from Lone Oak Road and is proposed to remain the same. ➢ f=uture street access and potential subdivision to the east is secured via a 50 foot wide public street easement to be dedicated with the Norton Heights plat. ➢ The Advisory Planning Commission held a Public Hearing on October 28, 2008 and is recommending approval. ISSUES: ➢ None. 120 DAY AGENCY ACTION DEADLINE: January 15, 2009 ATTACHMENTS (3): Location map on page . Draft October 28, 2008f A~PCC minutes on pagcs/Fq Ifrm~kr~ Staff report on pagesj_~5-through~. Eagan Boundary E Hight-of-way Location Map Parcel Area Park Area Building Footprint i-J 4 ~.ca.rs-cc~ no C 0 e> oo ❑ nP Subject Site Q Q ~0~6 J f' 4 6` Q d ~ r~ a~ P~ Ll 0 c~ p o a d a Q 0 d c q l1 inn ~ Sf ~ 4 ~ fl - fl a ~ q ~ fl a ~ ff try o Q O if ,4 f..~ d~ a p .r..-_ u 9 p del II Q 3 Cy O ~ ~ ca I~ ~F>tii o ❑ P s ae 47 I El El EP - ~ p t t `f Fy long 0 9000 21000 Feel Development/Developer. Bill Pederson Application: Preliminary Subdivision Case No.: 04-PS-04-09-08 N City of Eap THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S Cammunily navaiopment department not responsible for errors or omissions. A.(I\-'iixgy I'1, nn€nl [3 Cii I11€ 5€L~L~ OctnbN' 28' 2008 Pw,c of 6 C. Norton Heights Applicant Name: Owner Location: 1505 Lone Oak Road; West Half lot of 15, Zehnder Acres Application: Preliminary Subdivision A Preliminary Subdivision of 1.4 acres to create 2 lots. File Number. 04-PS-04-09-08 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated October 22, 2008. She noted the background and hist?y Chair Hansen opened the public hearing. Steve Kline, representing the neighboring property owner to the east stated`#lir support for the proposed subdivision. _ I There being no further public comment, Chair Hansen closed the public hearing 4d turned the discussion back to the Commission. Member Keeley moved, Member Heaney seconded a motion to recommend approval of a Preliminary Subdivision (Norton Heights) to create two single family lots, on property located at 1505 Lone Oak Road, subject to the following'conditions as amended: The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, 131, B3, and G1. 1. The property shall be platted. 2. This development shall be responsible for a pas1) park and trails dedication based on the rates in effect at the time of Final Subdivision. 3. An individdal lot tree preservation plan shall be submitted at the time of building permit application for Lot f 31ock 1. 4. Arch- ctural design arid, construction methods for the new horse shall incorporate sound alteran standards suffidient to achieve an interior sound level of 45 dBA. 5. This dev lopment shall"dooicate a 50-foot wide public street easement across Lot 1 from Skyline Trail to Parcel 14.88800-151-00 (1495 Lone Oak Road) in a form acceptable to the City Attorney- A vote was taken. All voted in favor. Motion carried: 5-0. Member Chavez abstair€ from voting on this item. i PLANNING REPORT CITY OF EAGAN I I REPORT DATE: October 22, 2008 CASE: 04-PS-04-09-08 APPLICANT: Bill Pederson HEARING DATE: October 28, 2008 PROPERTY OWNER: Same APPLICATION DATE: September 17, 2008 REQUEST: Preliminary Subdivision PREPARED BY: Sarah Thomas LOCATION: 1505 Lone Oak Road COMPREHENSIVE PLAN: LD, Low Density Residential I ZONING: R-1, Single Family Residential i SUMMARY OF RE VEST The applicant is requesting approval of a Preliminary Subdivision of 1.4 acres to create two lots upon property located at 1505 Lone Oak Road legally described as the west half of Lot 15, Zehnder Acres, located in the SW 1/4 of Section 4. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. G states that "In the case of platting, the Planning Commission and th Council shall be guided by criteria, including the following, in approving, deifying or establishing conditions related thcrcto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plaza. B. That the design or improvement of the proposed subdivision complies with applicable plazas of Dakota County, State of Minnesota, or the 'Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. I Planning Report -Noilon Heights October 28, 2008 Page 2 E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with casements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as -it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/MSTORY The Zehnder Acres property was platted in 1950. The existing home was constructed in 1953. EXISTING CONDITIONS The subject site is one platted parcel and contains a single family home with an attached garage. Access to the site is provided via Lone Oak Road; however, the proposed northerly lot would receive access via Skyline Trail. SURROUNDING USES All surrounding properties are zoned R--1, Single Family, and guided LD, Low Density Residential. Planning Report - Norton Heights October 28, 2008 Page 3 EVALUATION OF REQUEST Compatibility with _Surrounding Area - The subject site is surrounded with residential uses. An additional single family home appears compatible with the surrounding area. Airport Noise Considerations - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter in Metropolitan Development Guide that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in Eagan place the subject property in the Buffer Zone. The Met Council has recently adopted new land use compatibility guidelines, which incorporate the 2007 Noise Policy Contours. Under the new guidelines it is anticipated that infill single-family residential will be a provisional use witHnn the Buffer Zone. To approve such development in this area, the City Council would need to make acceptable findings concerning the following: 1. Specific nature of the proposed use, including the extent of outdoor activities. 2. Relationship of the proposed use to other planning considerations, including adjacent land use activities, consistency with overall comprehensive planning and relation to other metropolitan systems. 3. Frequency of exposure of proposed uses to aircraft over flight. 4. Location of proposed use relative to aircraft flight tracks and aircraft on-ground operating and rpaintenance areas. 5. Location, site design and construction restrictions to be imposed by the community of the proposed use with respect to reduction of exterior to interior noise transmissions and shielding of outdoor activities. 6. Method community will use to inform future occupant of proposed building of potential noise from aircraft operations. 7. Extent to which community restricts the building fiorn having facilities for outdoor activities associated with the use. 8. Distance of proposed use from existing or proposed runways, parallel taxiways or engine ran-up areas. If the City determines that findings concerning these conditions support the approval of this application for in-fill development, it should be conditioned on the following: Architectural designs and construction methods for new construction within the development would incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 60 DNL (based on the inside boundary of the noise zone). This would require an inside noise level reduction of at least 15 dBA (Issue #5). The City identifies the contours based upon the contours on its Zoning Map and Land Use Map (Issue #6). Densi - The subject site is guided Low Density Residential 0-4 units/acre. The proposed subdivision will result in a density of 1.4 units/acre. The proposed density complies with the Guide Plan. /9-7 Planning Report -Norton Heights October 28, 2008 Page 4 Lots - Proposed Lot 1. is 40,190 square feet and proposed Lot 2 is 20,843 square feet. The existing single family home will remain on Lot 2 with the subdivision. R-1 single family residential zoning district requires 12,000 square feet per lot and at least 85 feet width. Lots 1 and 2 meet these lot requirements. Setbacks Standard R-1 setbacks apply to this subdivision. The principal structure shall be 30 feet from any public right-of-way, 10 feet from the side property line and 15 feet from the rear property line. Any accessory structure shall be five feet from the side and rear property line and a 30 feet from any public right-of way. The subdivision appears to create lots that can accommodate the necessary setbacks. Gradin Topography The site generally slopes to the north. The area for the existing house on proposed Lot 2 was graded at time of that building permit. The remaining porlion of the development is ungraded and wooded. Storm Drainage - No storm sewer modifications or improvements will be necessary to accommodate the proposed development. Utilities - The existing house on Lot 2 (1505 Lone Oak Road) is connected to City utility services. Sanitary sewer and water service is available to the proposed house on Lot 1 froze Skyline Trail. StreetsLAccessl Circulation/ Easements - Public street access for the existing house on Lot 2 is from Lone Oak Road to the south and will remain unchanged with this development. Public street access for Lot 1 is available to Skyline Trail. To provide future public street access and circulation for the area and potential subdivision development to the east, this development should dedicate a 50-foot wide public street easement across Lot 1 from Skyline Trail to Parcel 10-88800-151-00 (1495 Lone Oak Road) in a form acceptable to the City Attorney. Financial Obligation - There are no balances of special assessments on the parcels proposed for platting. At this time, there are no pending assessments on the parcel proposed for platting. This development should accept its additional financial obligations as defined below in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, the following estimated charges will be collected at time of final subdivision. The final charges will be computed using the rates in effect at time of connection or subdivision. The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision or plat, with due allowances for easements and right-of-way required with the plat: improvement Use Rate Quantity Amount Storm Sewer Trunk R1 $0.111 sq. ft. 6I ,033 sq. ft. $5,713.63 Total $6,713.63 egg Planning Report -Norton Heights October 28, 2008 Page 5 Parks and Recreation - This development shall be responsible for a cash park dedication and a cash trail dedication for the newly created lot based can the rates in effect at the time of Final Subdivision. Tree Preservation An individual lot tree preservation plaza shall be submitted at the time of building permit application for Lot 1, Block 1. 1 3 SUMMARY/CONCLUSION The subject site is currently developed with a single fancily home. The applicant is requesting to subdivide the site into two single family lots. As proposed, the lots will comply with R-1 standards and is consistent with low density residential. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision (Norton Heights) to create two single family lots, on property located at 1505 Lone Oak Road; subject to the following conditions: i The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993. Al, B1 and B3. 1. The property shall he platted. 2. This development shall be responsible for a cash park and trails dedication based on the rates in effect at the time of Final Subdivision. 3. Art individual lot tree preservation plan shall be submitted at the time of building permit application for Lot 2 Block 1. 4. Architectural design and construction methods for the new home shall incorporate sound alteration standards sufficient to achieve an interior sound level of 45 dBA. 5. This development shall dedicate a 50-foot wide public street easement across Lot 1 from Skyline Trail to Parcel 10-88804-151-00 (1495 Lone Oak Road) in a fbiTn acceptable to the City Attorney. I STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. I B. Easements and Rights-of-Way I . This development shall dedicate 10-foot drainage and utility easements centered over all lot fines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. i 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 3 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. .1 qo 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, pending, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1 All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 _ September 15,_'1987 Revised: July 10, 1990 Revised: February 2. 1993 LT5#5 STANDARMCON Iql Eagan Boundary Rlght•of•way Location Map 0 Parcel Area Park Area Building Footprint i a PQ CI nG G C7 CY C7 I~ i1 A D `r7 9 i q o 00 LF b 13 - Subject Site ❑ 9 ' [5 o~ ❑ ~ e a ~ o ❑ ~ c~ ca ❑ ~ ~ 0 d Q t~ d ❑ p hh a Q u r ❑ p q o [3 ~a ILL off. 4 f~ D r MIN it b a ° o o a ~ I~ la 57~ ra o Aar ~d a _ ~~>JP ~r ~~~"rf~' C7U • _Y R IY-JS ~~+.:yT A 910 >o Q~ p U . 1000 0 1000 2000 FeO Development/Developer. Bill Pederson Application: Preliminary Subdivision Case No.: 04-PS-04-09-08 I THIS MAP IS INTENDED FOR itpFERENCE USE ONLY 4r City of Wa w E The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S communhy heve[npmant v0partmenit not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Bill Pederson Preliminary Subdivision 04-PS-04-09-08 Zoning Map ri a ~ s9 Q •f'1 C;• _ a ~y v G x R_t en es 1~ u E r'L d L7 Current Zoning: -.r~~ Location f R- single Family Residential € t v _ ° R~t 4+ ~ is P s~7 R, 11 0- j . ' w a q Gr :J a E3 c~i -0 U r sva o Goo +zDV real Comprehensive Guide Plan Land Use Map `ry+s Eft Q s ~ 11 Et ~ _ 'Location Current Land Use Designation: r zD a E7 ~ •4 ~n • +a LD r Low Density Residential ~7 LO Lb r= ca O 6 r, U i3 s°F ° c e 0 3 L4 ,E'+' COD o ono szoa roar w C 7 - N E base snap in Farmafzvn pre~ded6y oakvta ceuDty Land SUrvcy Pepartmert t7ocinbu xDD5, q co Zohlfig Enformaflan malntafned bwity 31.R -y of Eap + TI•Ii5 NiAY IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. 5 _ -rte a e; _ -=z r b,=r w~ = ' x~.T W~ r::.~: ~.T-i-f C~~-d.mc rv§.~. - .Tir?~• .r:.:C _ - -'4r~ - _c,~~~.;r' _ -1.-Y r - -x~-~ '.•}~?p• xey:-....-.yz;.,:•=' - - i~"~Fc .s~ -"s= F_.::: ~r.., .a_~. - i~z•ia y:M Ve•:=.x YF.si.~:. 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NO. 26}~ IQ7 TREE PRES Rtf TION PLAN 9e CC: CM.: PFPJEC'f:. SNEER DESRtIPS3D:i: v rrn rs+ o.rn .rov r vn .err n...r ....r....n .-e in.i r _ Dam:.. 6~r r. aEQd I Agenda Memo November 6, 2008 Regular City Council Meeting NEW BUSINESS: 1. Massage Therapy Establishment License Revocation, New Star Massage, 3946 Cedar Grove Parkway; and Massage Therapist License Revocation, Shufang Wang I ACTION TO BE CONSIDERED; Revoke the Massage Therapy Establishment License for Li Li, (New Star Massage), 3906 Cedar Grove Parkway effective immediately. Revoke the Massage Therapist License for Shufang Wang effective immediately, FACTS: • A criminal investigation was completed by the Eagan Police Department after learning of possible violations taking place at New Star located at 3946 Cedar Grove Parkway. • Two individuals were arrested and have misdemeanor charges pending; Shufang Wang - violation of massage permit and ordinance - prostitution; and Yang Cuiping - violation of ordinance and operating without a license. • The City Code, Chapter 6.39, subdivision 3 reads as follows: Prohibited establishments or operations. Any use, establishment, operation or business whose massage therapy services include sessions offered to adults, conducted in private by members of the same or the opposite sex, and employing personnel with no specialized training and susceptible to operation in a manner contravening, subverting or endangering the morals of the community by being the site of acts of prostitution, illicit sex and occasions of violent crimes are prohibited. • The Police Department and the Administration Department recommend revocation of the New Star Massage Therapy Establishment license and the Massage Therapist License of Shufang Wang. ATTACHMENTS: • jreference a copy of Chapter 6.39 of the City Code is attached as pages through R63 Please note the highlighted sections. i~ OTHER BUSINESS REGULATION AND LICENSING § 6.39 Subd. 2. License required. It is unlawful for any person to operate or maintain a kennel without license therefor from the city. Subd. 3. Exception. Hospitals and clinics operated by licensed veterinarians exclusively for the care and treatment of animals are exempt from the provisions of this section. Subd. 4. Zoning. No license shall be issued to a person or operation of a kennel in a zoning district where such operation is not permitted or otherwise allowed under the zoning chapter of the City Code. (Code 1983, § 6.38, eff. 1-1-83; Ord. No. 12, 2nd series, eff. 4-27-84; Ord. No. 308, 2nd series, § 1, eft'. 3-15-91) Cross references--Dog and cat regulation and dog licensing, § 19.11; keeping, transport- ing, treatment, housing of animals and fowl, § 19.12; trapping of animals and fowl, § 10.13. See. 6.39. Massage therapy establishment and massage therapist licenses. Subd. 1. Statement of policy. The city recognizes and accepts therapeutic massage, as distinguished from other forms of massage, as a scientific health care and/or maintenance technique or procedure for the human muscles, tendons, tissues and the like. The city, however, equally recognizes the notential for illicit massa shments in eras or establi the wake of legitimate, professional therapeutic massage establishments. Accordingly, in order to prevent or rotect against the existence of illicit massage establishment or o eration in the city and to rotect the public's health -welfare. the city deems it necessary to regu ate t erapeutic massage establishments and massage therapists through the licensing process. Subd. 2. Definitions. As used in this section, the following words and terms shall have the meanings stated: A. Massage therapy or therapeutic massage means a scientific health care or health maintenance technique or procedure carried out by a massage therapist involving the massaging and kneading of human skin, muscles and tissues for the purpose of easing mental and physical tension, the breaking up of fatty tissues and muscle spasms, and the improvement of circulation through the body. B. Massage therapy establishment means any room or rooms wherein persons may, for a fee or other consideration paid either directly or indirectly, receive a therapeutic massage. C. Massage therapist means a person, other than a person licensed as a medical doctor, chiropractor, osteopath, podiatrist, licensed nurse, physical therapist, athletic director or trainer, or beautician or barber who confines his treatment to the scalp, face and neck, who for compensation practices and provides therapeutic massage. D. Student of massage therapy means a person who is enrolled in and attends classes at a school, college, university or other institution that is approved by the American Sapp. No. 13 CD6:23 M9 I § 6.39 EAGAN CODE I Massage Therapists Association or other similar reputable massage association or accredited by a recognized educational accrediting association or agency or is licensed by the state or local government agency having jurisdiction over the school. Subd. 3. Prohibited establishments or operations. Any use, establishment, operation or business whose massage therapy services include sessions offered to adults, conducted in private by members of the same or the opposite sex, and employing personnel with no specialized training and susceptible to operation in a manner contravening, subverting or endangering the morals of the community by being the ite of acts of and occasions of violent crimes arerohibited, including but not limited to: A. A sauna, defined as any public facility used for the exclusive purpose of bathing, reducing or relaxing, utilizing steam as a cleaning, reducing or relaxing agent. S. Arap parlor or conversation parlor or adult encounter group or adult sensitivity group, defined as any person, establishment or business advertising, offering, selling, trading or bartering the services of itself, its employees or agents as nonprofessional counse- lors,. teachers or therapists who may talk to, discuss or have conversation with patrons or who deal in any way with patrons' physical senses, whether or not other goods or services are simultaneously advertised, offered, sold., traded or bartered and regard- less of whether said goods or services are also required to be licensed. C. An escort service or modeling service or dancing service or hostess service are defined as any person, establishment or business advertising, offering, selling, trading or bartering the services of itself, its employees or agents as hostesses, models, dancers, escorts, dates or companions, whether or not goods or services are simultaneously advertised, offered,.sold, traded or bartered and regardless of whether said goods or services are also required to be licensed. D. Any other similar adult-oriented service that falls within the uses or establishments described in this subdivision but that are operated under different names. Subd. 4, Massage therapy establishment. A. License required. It is unlawful for any person to operate a massage therapy establishment without a license therefore from the city. It is unlawful for any person to practice therapeutic massage therapy in any place except upon a licensed premises, unless a temporary ofd site permit is issued in accordance with the provisions of this Section. B. License application. All initial applications for licenses to operate massage therapy establishments shall be accomplished by a nonreturnable investigation fee. This fee shall also cover the investigation fee for one massage therapist. Applications shall contain the names and addresses of the owners, lessees and operators of the applicant, together with a description and location of the premises. The application shall also include information as to any convictions of any crime or offense committed by applicant, together with such other information as the city may require before consideration of the application. All applications by corporations shall include the Supp. No. 13 CD6:24 ty) ' OTHER BUSINESS REGULATION AND LICENSING § 6.39 names and addresses of all persons having a beneficial interest therein. An investiga- tion by the building inspector shall be conducted of all premises proposed to be licensed before consideration by the city. The ice departure hall conduct an my iggn all ersons roposed to be lic ed before consideration by the city. All applications shall thereafter be considered by the city. C. Restrictions and regulations. 1. Licenses shall be granted only for operation on fixed premises which must be located in a commercial or industrial district as established by the zoning chapter. 2. Licenses shall be granted only upon a showing of compliance with all laws of sanitation. 3. No beer, liquor, narcotic drug or controlled substances, as such terms are defined by state statutes or the City Code, shall be permitted on licensed premises. 4. Violation of an law or regulation relating to building, safety or health shall be ounds for revocation of any license. 5. No doors of massage rooms, when occupied by one or more persons, shall be locked. All locks, if any, shall be keyed only from the exterior of the massage rooms. 6. Only massage therapists who are licensed by the city shall practice therapeutic massage. 7. No massage therapy establishment shalt discriminate between persons on the basis of race, color, creed, sex or national origin or ancestry. 8. All massage therapy establishment licensees must comply with any and all amendments to this chapter. Failure to do so shall be grounds for revocation of any license. D. Unlawful acts. 1. It is unlawful for any licensee to fail to at all times observe all restrictions, regulations and maintenance requirements contained in this section. 2. It is unlawful for any licensee to be open for business between the hours of 10:00 p.m. and 6:00 a.m. of any day. E. License condition and unlawful acts. 1. All premises licensed under this section shall, during all operating hours, be open to inspection by any health or police officer to determine whether or not this section and 1 other laws are bei~n , ohserv~d. All persons, as a condition to being issued such license, consent to such inspections by such officers and without a warrant for searches and seizures. 2. It is unlawful for any licensee or agent or employee of a licensee to hinder or prevent a police or health officer from making such inspection. Supp. No. 13 CD6:24.1 a© I i § 6.39 EAGAN CODE F. Exception. This section shall not apply to a health care facility (1) owned by a municipal corporation organized under the laws of the state, or (2) owned by the state or any of its agencies, or (3) licensed by the state. This section shall not apply to a school, college, university or other institution which provides a program of study or course work in massage therapy or therapeutic massage provided: (1) the school, college, university or institution meets the criteria set forth in the definition of student of massage therapy herein; (2) the massage therapy is provided during and as part of a course or clinical component of the school's program or course work; and (3) the person is supervised by an instructor while providing or performing massage therapy, G. Manager or agent. Before a license is issued under this section to an individual who is a nonresident of the city, to more than one individual whether or not they are residents of the:city, or to a corporation, partnership, or association, the applicant or applicants shall appoint in writing a natural person as its on-premises manager or agent. Such on-premises manager or agent shall, by the terms of his written consent, (1) take full responsibility for the conduct of the licensed premises, and (2) serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who, by reason of age, character, reputation, and other attributes, could qualify individually as a licensee. If such manager or agent ceases to be located at the licensed premises or ceases to act in such. capacity for the licensee without appointment of a successor, the license issued pursuant to such appointment shall be subject to revocation or suspension. H. License fee. The annual license fee shall be determined by resolution of the city council. This fee shall also cover the annual license fee for one massage therapist. Subd. 5. Massage therapist license. A. License required. It is unlawful for any person to practice therapeutic massage therapy without a license therefor from the city. B. License application. All initial applications shall be accompanied by a nonreturnable investigation fee. Applications shall be on a form provided by the city and contain all information requested thereon and shall contain such other information as the city may, from time to time, require. All applicants shall be at least 18 years of age. C. Restrictions and regulations. 1. A massage therapist license shall not be issued unless the applicant provides proof of the following: (a) A diploma or certificate of graduation from a school approved by the American Massage Therapist Association or other similar reputable mas- sage association; or Supp. No. 13 CD6:24.2 a~ D~ ` OTHER BUSINESS REGULATION AND LICENSING § 6.41 (b) A diploma or certificate of graduation from a school., which is either accredited by a recognized educational accrediting association or agency or is licensed by the state or local government agency having jurisdiction over the school; or (c) A certificate of National Certification for Therapeutic Massage and. Body Work by the National Certification Board of Therapeutic Massage and Body Work, an affiliate of the American Massage Therapy Association. D. License fee. The annual license fee shall be determined by resolution of the city council. E. Exception. A massage therapist license shalt not be required for any student of massage therapy meeting the definition as set forth herein, provided: (1) The massage therapy is provided during and as part of a course or clinical component of the school's program or course work; and (2) The massage therapy student is supervised by an instructor white providing or performing massage therapy services. Anotice, which advises the public that the ..person who may provide massage therapy services is a student of massage therapy and is not licensed by the city, shall be posted in a conspicuous location in the room in which the massage therapy is provided. Subd. 6. Off-site I Call-out massage therapy. A. Notwithstanding the provisions regulating a massage therapy establishment license hereunder, a massage therapist licensed by the city and who operates or is employed by a massage therapy establishment licensed by the city may provide massage therapy at a location within the city other than the premises of the licensed massage therapy establishment. All massage therapy permitted under this provision must comply with all of the provisions of this section governing licensed massage therapy establishments and licensed massage therapists. (Code 1983, § 6.39, eff. 1-1-83; Ord. No. 79, 2nd series, eff. 4-14.89; Ord. No. 185, 2nd series, eff.10-13-94; Ord. No. 229, 2nd series, eff, 3-4-97; Ord. No. 261, 1-4,6-25-98; Ord. No. 316, 2nd series, 1, 2, eff. 8-30-01; Ord. No. 358, 2nd series, eff. 5-29-03; Ord. No. 394, 2nd series, 1-4, off. 10-6-05) Sec. 6.40. Reserved. (Code 1983, § 6.40, eff. 1-1-83; Ord. No. 79, 2nd series, eff. 4-14-89; Ord. No. 186, 2nd series, eff. 10-13-94) See. 6.41. Stables. Subd. 1. Definition. "Stable" means any yard, pen, building, structure or place where hoofed animals are kept for the purpose of renting, leasing or providing them to others for a consideration. Supp. No. 13 CD6:24.3 Agenda Information Memo Eagan City Council Meeting New Business November G, 2008 J. APPROVE CITY CODE AMENDMENT REGARDING WATER SHUT OFFS IN CERTAIN CIRCUMSTANCES ACTION TO BE CONSIDERED: To approve an amendment of City Code 3.45 to permit water shut offs for non-payment of water bills. I FACTS: i ■ The City follows a policy under which water and sewer utility account delinquencies are remedied by certifying delinquent balances to the.County for collection with property taxes. This method has been used in lieu of discontinuing water service, because it assures collection through the ordinary property tax system and it reduces the time required for utilities staff to perform service shut offs and turn ons. • As foreclosures and foreclosure related property vacancies have increased in recent years, there has been a corresponding incidence of situations in winter weather in which frozen pipes have burst and water damage has been incurred in vacant properties because the electric and gas utilities have been shut off either at the request of the vacating resident owner or due to account delinquency, but the water service has remained on. • During the 2008 Legislative Session, a new law was passed that requires electric and gas utilities to inform cities of disconnections of their services to permit cities to track the properties and, during winter weather, to shut off water services to limit the potential for property damage. In addition, when those utilities are not in service, the property is uninhabitable under the Building Code and should not be occupied. • 'rhe City Code reflects the current policy and authorizes the certification of delinquencies to the property tax bill. While the City may also discontinue a service for non-payment, the City Attorney and staff recommended that a code amendment be processed to clarify the option for the City to shut off water service for non-payment. This option will be exercised when a property is identified as being vacant and/or in circumstances in which property damage may occur, such as when of gas and electric service has been discontinued. ATTACHMENTS: • Ordinance draft is attached on pag x ■ Memo from attorney to Community Development Director on page through I I ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER THREE ENTITLED "MUNICIPAL AND PUBLIC UTILITIES" BY AMENDING SEC'T'ION 3.05, SUBI]. 3, REGARDING WATER SERVICE DISCONNECTION FOR DELINQUENT ACCOUNTS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER l AND SECTION 3.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Three is hereby amended by changing Section 3.05, Subd. 3, to read as follows: Subd 3. Discontinuance of service, All municipal utilities may be shut off or discontinued, any time between my Monday at 9:00 a.m. and th - -f6- 1-1-o- wii Hig Fr-i day at 9 tOO whenever it is found that: A. The owner or occupant of the premises served, or any person working on any connection with the municipal utility systems, has violated any requirement of the City Code relative thereto, or any connection therewith; Of B. There is fraud or misrepresentation by the owner or occupant in connection with any application for service or delivery or charges thercfbr-. o C. _ The utility charges remain unpaid and delinquent fifteen (15) days or more after the due date shown on the billing statement for municipal utility service. Section Z. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation," and Section 3.99, entitled "Violation a Misdemcanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council I By. Maria Petersen By: Mike Maguire Its: City Cleric Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: i SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. TO: Jon Hohenstein, Community Development Director I FROM: Sharon K. Hills, City Attorney DATE: October 28, 2008 RE: Ordinance Amendment - Authorizing Water Service Disconnection Our File No. 206-28385 In connection with City staffs' work on addressing the increased number of vacant properties due to foreclosures, one objective is to address the City's authority to disconnect municipal water service to vacant properties. The City has authority, pursuant to Minnesota Statutes Chapter 444, to disconnect water service to a property for which the water utility account is delinquent. The City does not have the authority to disconnect the water service when the water utility account is current, but the property is vacant, absent any request or consent by the property owner for the disconnection of the water service. As part of the City program being developed to address vacant properties due to the increased foreclosures, it was determined that City water service would be disconnected to properties that are vacant, for which the City received utility disconnection notice(s) from private utilities (i.e. electric, gas), and for which the City's water utility account is delinquent, The City Code currently does not provide for the City's authority to disconnect water service for delinquent accounts. Accordingly, the enclosed ordinance amendment provides for that authority. Because the City has the authority to disconnect the water service for delinquent accounts, regardless of whether the property is occupied or vacant, it is not necessary to add additional language regarding private utility disconnection notices. The ordinance amendment permits the City to disconnect water services for delinquent accounts; thus, the City has the discretion to decide if and when water service will be shut off or disconnected in the case of an occupied property, but the account is delinquent. To address the disconnection of service for vacant properties, the City may determine, as a matter of policy as established by Council, that when a City utility account is delinquent and the City received notice from the private utilities that services have been disconnected, then the City will disconnect water service. Finally, staff inquired as to whether the City will have a continued right to specially assess delinquent accounts against the served property. The answer is yes, and the City Code currently provides for that authority under Section 3.05, Subd. 8(B). Should you have any questions, please feel free to contact me. cc: Torn Hedges, City Administrator Mira Pepper, Administrative Sccretary/Deputy Clerk Michael G. Daugherty, City Attorney i I I', i I AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER NOVEMBER 6, 2008 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. Approve EDA Minutes 2. CEDAR GROVE REDEVELOPMENT DISTRICT - APPROVE Property Demolition Service Agreement with Dakota County CDA for Cedar Grove Redevelopment District 3. PUBLIC HEARING to Consider Resolution to Submit MIF Application for Biothera Expansion i D. OLD BUSINESS E. NEW BUSINESS f. A)5 I. CEDAR GROVE REDEVELOPMENT DISTRICT - APPROVE Stipulation of Settlement for Superior Collision Property at 3985 Cedarview Drive ~6~ 2. CEDAR GROVE REDEVELOPMENT DISTRICT - APPROVE Stipulation of Settlement for Larry Haugen Property at 3914 Cedarvale Drive F. OTHER. BUSINESS G. ADJOURN OVF Agenda Information Memo Eagan Economic Development Authority Meeting November G, 2008 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority V"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 October 21, 2008 EDA meeting are enclosed on pageSa ) - [ • CEDAR GROVE REDEVELOPMENT DISTRICT APPROVE Property Demolition Service Agreement with Dakota County CDA for Cedar Grove Redevelopment District - The City has contracted with the Dakota County CDA for their services in coordinating the demolition of buildings in the Cedar Grove Redevelopment District. Staff has negotiated an updated agreement with the EDA for the next phase(s) of building demolition in the district and the agreement is in order for consideration at this time. The agreement covers all remaining properties to be demolished with the exception of the three that are subject to the public purpose appeal. The costs of the professional services are not to exceed $25,000 and the cost of the demolition of eight properties will be determined through the competitive bidding process, but is estimated to be $300,000. e Postpone or Discontinue the Public Hearing to Consider Resolution to Submit MIF Application for Biothera Expansion - It has taken longer to complete the Biothera Minnesota Investment Fund application than the company originally anticipated. Staff is holding a meeting with company representatives to oD i i Agenda Information Memo Eagan Economic Development Authority Meeting November 6, 2008 Consent Agenda Continued review the application materials to date on Friday, October 31, Depending upon the outcome of the meeting, staff will ask the EDA to either postpone the public hearing to a new date certain or to discontinue the public hearing until the appropriate documents are in place, at which time, the EDA would be asked to schedule a new public hearing. I I I I I I i I MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota October 21, 2008 A meeting of the Eagan Economic Development Authority was held on Tuesday October 21, 2008 at the Eagan Municipal Center. Present were President Maguire, Commissioner Fields, Commissioner Tilley and Commissioner Hunter. Commissioner Bakken was absent. Also present were Executive Director Hedges, Community Development Director Hohenstein and City Attorney Dougherty. ADOPT AGENDA Commissioner Fields moved, Commissioner Tilley seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 CONSENT AGENDA Commissioner Tilley moved, Commissioner Fields seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay: 0 I 1. It was recommended to approve the minutes of the October 7, 2008 EDA meeting as amended. OLD BUSINESS There were no Old Business items. NEW BUSINESS DCA REDEVELOPMNET INCENTIVE GRANT FOR CEDAR GROVE Community Development Director Hohenstein discussed the City's eligibility for funding under the CDA Redevelopment incentive Grant Program. Commissioner Fields moved, Commissioner Tilley seconded a motion to authorize preparation of an application for funding for activities in the Cedar Grove Redevelopment District through the Dakota County CDA Redevelopment Incentive Grant Program, Aye: 4 Nay: 0 OTHER BUSINESS There were no Other Business items. RECESS TO EXECUTWE SESSION The EDA recessed to executive session at 8:35 p.m. to discuss the passible acquisition of properties located in the Cedar Grove Redevelopment District, ADJOURNMENT The meeting was adjourned at 9: 45 p.m. Date Thomas Hedges, Executive Director I c Agenda Memo Eagan Economic Development Authority Meeting November G, 2008 1. CONSIDER APPROVAL SETTLEMENT FOR PURCHASE OF SUPERIOR COLLISION PROPERTY ACTION TO BE CONSIDERED: To approve a Stipulation of Settlement for the purchase of the former Superior Collision 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. • Dan Sjolseth, the owner of the property at 3985 Cedarview Drive, was among those who did not object to the action at the time of its commencement. The district court 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 Mr. Sjolseth to purchase the property for a total of $2,025,000. This amount represents a global settlement for all costs of acquisition of the land and building, business relocation and business reestablishment, Superior will occupy the property for $1 through December 31, 2008 and will have salvage rights prior to the property being turned over to the demolition contractor. • 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 aT • Stipulation of Settlement available upon request. ~-I 3 - L_ rtf~rtrilr rtht~eiia fi I f~~IU~lfl~lErE[~lt1~FF~1~1~IR~If[~FI1r1JF1! ~ f 1 ...I ~Y~~~ E 1^ 1 n ► Cedar-Grove=RQdevelop►r~ ne t Area p Subject Parcel - - r cv - _ ~3 OBI y J aat ~ ~ ~ E ~ ;I o I E illEOM 14 1188~I 0 325 650 1,300 '11p-'City of Rap Cedar Grove Redevelopment Area Superior Collision Location 3985 Cedarview Ave Agenda Memo Eagan Economic Development Authority Meeting November 6, 2008 i I 2. CONSIDER APPROVAL SETTLEMENT FOR PURCHASE OF LARRY HAUGEN PROPERTY ACTION TO BE CONSIDERED: To approve a Stipulation of Settlement for the purchase of the former Larry Haugen property in the Cedar Grove Redevelopment District and authorize the EDA officers and City Attorney to execute the Stipulation and any related documents. I 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. ■ Larry Haugen, the owner of the property at 3910 Cedarvale Drive, was among those who did not object to the action at the time of its commencement. The district court 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 Mr. Haugen to purchase the property for $115,000. Under the terms of the agreement, business relocation and reestablishment would be handled and compensated separately from the property purchase and Mr. Haugen would occupy the property for $1 through April 30, 2009. ■ 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 available upon request. I I I _ J C r ~r~lrhtt.'y ~ Ft~t€3~y{f 1fiHliHliliF ili!€ t 3€€i3I ~!I€. Il ff€!.{€€~(~~{ r Ile"' '1 ,i~ ( J.. Cedar-Grove5Re"ddee~e7o pm ne t Area l r -J P Subject Parcel ~at~t9ye ~ C~~ p J - 1 €HililFi€ifFlFiFiHI € J = 1 I~ I """LCC!ll~~~ K 0 325 650 9,300 City of Egan Feel Cedar Grove Redevelopment Area Larry Haugen Location 3910 Cedarvale Dr i 1 3 i 1 Agenda Information Memo Eagan Economic Development Authority Meeting November G, 2008 1 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT i ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting. i I i . i 1 i 33 i I a~~ Agenda Information Memo November 6, 2008, Eagan City Council Meeting XII. CANVAS BALLOTS - NOVEMBER 4, 2008 MUNICIPAL ELECTIONS ACTION TO BE CONSIDERED: 1. To certify the results of the November 4, 2008 Municipal Election (4W Year Term). 2. To certify the results of the November 4, 2008 Special Municipal Election (Vacancy in the term expiring January 2, 2011). 3. To certify the results of the November 4, 2008 Special Municipal Referendum Election FACTS: 0 State law provides that within seven days after an election, the governing body of a city conducting any election including a special municipal election shall act as the canvassing board, canvass the returns, and declare the results of the election. 0 The newly elected member filling the vacancy in the term expiring January 2, 2011 officially takes office upon the canvassing of the election results. The ceremonial swearing in including the Oath of Office is scheduled to take place at the November 18, 2008 meeting. Election results will be distributed at the meeting on Thursday. ATTACHMENTS: (None) I i i