01/06/2004 - City Council Regular
AGENDA
EAGAN CITY COUNCIL - REGULAR MEETING
EAGAN MUNICIPAL CENTER BUILDING
JANUARY 6, 2004
6:30 P.M.
1. ROLL CALL AND PLEDGE OF ALLEGIANCE
U. ADOPT AGENDA
III. RECOGNITIONS AND PRESENTATIONS
IV. CONSENT AGENDA
)PA A. APPROVE MINUTES
J4 B. PERSONNEL ITEMS
P,?? C. CHECK REGISTERS
3g D. APPROVE Renewal of Sentence to Serve (STS) Contract
t* P P6 E. AUTHORIZE Vulnerability Assessment Study for Water Supply
to F. APPROVE Renewal of Sports/Convention Facility License for Burnsville Development Ltd., dba Holiday Inn
Burnsville, beverage provider for the Eagan Community Center
4/A G. APPROVE 7-1-03 to 6-30-04 General Insurance Renewal
h ~gli. SCHEDULE Board of Adjustment Appeals Hearing
V. PUBLIC HEARINGS
P-5-~ A. VARIANCE - JULIE KAMRUD. A Variance request of 3.8 feet from the required 10 foot building code setback for
an addition on Lot 25, Block 2, Hills of Stonebridge 3rd Addition, located at 4035 Camberwell Drive in the SW '/4 of
Section 24.
P61 B. EASEMENT VACATION - Vacate Public Drainage and Utility Easement (Lots 2 and 3, Bock 1, Poppler
Homesteads No. 2).
VI. OLD BUSINESS
b5A. CONDITIONAL USE & VARIANCE, Cedarvale Business Center - A Conditional Use Permit for a pylon sign and a
Variance to the setback located at 3902-3938 Cedar Grove Parkway in the NE'/4 of Section 19.
VII. NEW BUSINESS
A. PLANNED DEVELOPMENT AMENDMENT - EXCEL DEVELOPMENT, LLC - A Planned Development
Amendment to remove a trail easement on Lot 1, Block 1, Honey Tree I" Addition, located on Erin Drive in the
SW '/4 of Section 30.
B. CONDITIONAL USE PERMIT - SOWLES PROPERTIES, LP - A Conditional Use Permit to allow outdoor
storage of trucks, trailers, mobile cranes, cars, construction equipment and a 113 foot tall permanent crane,
located at 3045 Highway 13 in the NW '/4 of Section 9.
VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE
IX. ADMINISTRATIVE AGENDA
X. ECONOMIC DEVELOPMENT AUTHORITY
XI. VISITORS TO BE HEARD (for those persons not on the agenda)
XII. ADJOURNMENT
XIII. EXECUTIVE SESSION
The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and
employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or
status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least
96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid.
f
Z L; 1- MEMO
city of eagan
MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: JANUARY 2, 2004
SUBJECT: AGENDA INFORMATION FOR JANUARY 6, 2004 CITY COUNCIL MEETING
ADOPTAGENDA
After approval is given to the January 6, 2004 City Council agenda, the following items are in
order for consideration.
Agenda Information Memo
January 6, 2004 Eagan City Council Meeting
CONSENT AENIDA
The following items referred to as consent items require one (1) motion by the City Council. If the
City Council wishes to discuss any of the items in further detail, those items should be removed
from the Consent Agenda and placed under Old or New Business unless the discussion required is
brief.
A. APPROVE MINUTES
ACTION TO BE CONSIDERED:
To approve the minutes of the December 16, 2003 Listening Session, the December 16, 2003
regular City Council meeting and the December 8, 2003 special City Council meeting, as
presented or modified.
ATTACHMENTS:
• Minutes of the December 16, 2003 Listening Session are enclosed on page 3-:
• Minutes o f t he D ecember 16, 2 003 r egular C ity C ouncil in eeting a re e nclosed on pages
If through L3-.
• Minutes of the December 8, 2003 special City Council meeting are enclosed on pages 14
through.
MINUTES OF A LISTENING SESSION D/?Arr
OF THE EAGAN CITY COUNCIL
DECEMBER 16, 2003
6:00 P.M.
The Eagan City Council held a Listening Session on December 16, 2003 at 6:00 p.m. In
attendance were Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire.
Mike Povolny, adjacent property owner in Inver Grove Heights to the Gift of Mary
property, discussed his need for connection to city sewer and water and requested that
consideration be given to allow him to connect to the City of Eagan services. He further
discussed payment for the proposed connection. Council directed staff to contact Inver
Grove Heights regarding this issue and to further work with Mr. Povolny.
The Listening Session adjourned at 6:30 p.m.
Respectfully submitted,
Mira McGarvey
Administrative Secretary / Deputy City Clerk
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MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
December 16, 2003
A regular meeting of the Eagan City Council was held on Monday, December 16, 2003 at 6:30 p.m. at the Eagan
Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. Also present
were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike
Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy
Clerk Mira McGarvey.
AGENDA
City Administrator Hedges suggested that item A under New Business be referred to the Finance Committee for
review prior to action by the Council. He also noted that the Operations Committee wished to discuss the issue of
child care services at the Community Center. He suggested this be added to New Business.
Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the agenda as amended.
Aye: 5 Nay: 0
Chief of Police Therkelsen provided an update on the Reverse 911 system.
CONSENT AGENDA
Items L, N and AA were pulled for discussion.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as
amended. Aye: 5 Nay:0
A. Minutes. It was recommended to approve the minutes of the December 1, 2003 regular City Council
meeting as presented.
B. Personnel Items.
1. It was recommended to approve the hiring of Kari Johnson as a part-time guest services rep at the
Community Center.
2. It was recommended to accept the retirement of John Kreager, Street Maintenance Worker.
3. It was recommended to accept the resignation of Jan Scott, part-time Clerical Tech 3 in the Police
Department.
4. It was recommended to approve:
a) For regular non-collective bargaining employees, a compensation rate increase of 2.5%
across the board effective the payroll period closest to January 1, 2004.
b) Compensation rates for temporary, non-collective bargaining employees may be increased
from 0% to a maximum of 2.5%.
c) Car expense allowances for Department Heads will be increased by 2.5%.
d) Mileage will be set at the IRS rate (the 2004 rate is 37.5 cents a mile). If the IRS increases
or decreases this amount, the City's amount will automatically adjust to the new rate.
e) The City's contribution for family health insurance premiums will increase by half the total
dollar increase to the balanced rate for 2004.
f) Cascade Bay seasonal compensation plan will be expanded to add step increases for 6-9
years per pay range.
5. It was recommended to approve the provision of a City owned cell phone for the Mayor for City
business reasons only.
6. It was recommended to approve revisions to Article 38.2 of the City's personnel Policy describing
the individual groups included in the City Health Care Savings Plan (HCSP) and to approve the
addition of sections 38.8 (Individual Plan for FLSA NON-Exempt Non-Collective Bargaining
employees, Compensation Ranges J-K, who are scheduled to work thirty or more hours per week)
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Eagan City Council Meeting Minutes op'A'Cr
December 16, 2003 Page 2
and 38.9 (Individual Plan for FLSA Exempt Non-Collective Bargaining Employees, Compensation
Ranges A-H).
C. Check Re isters. It was recommended to ratify the check registers dated December 4, 2003 and December
11, 2003 as presented.
D. 2004 Trash Hauler Licenses. It was recommended to approve Trash Hauler Licenses as listed in the
December 16, 2003 Agenda Memo.
E. 2004 Tree Contractor Licenses. It was recommended to approve Tree Contractor Licenses as listed in the
December 16, 2003 Agenda Memo.
F. 2004 Commercial Fertilizer Licenses. It was recommended to approve Commercial Fertilizer Licenses as
listed in the December 16, 2003 Agenda Memo.
G. 2004 Pet Shop and Kennel Licenses. It was recommended to approve Pet Shop and Kennel Licenses as
listed in the December 16, 2003 Agenda Memo.
H. 2004 Tobacco Licenses. It was recommended to approve Tobacco Licenses as listed in the December 16,
2003 Agenda Memo.
I. Off-Sale Liquor. It was recommended to approve the off-sale liquor license for Cawv Qab Zib, dba Lone
Oak Liquors (formerly Comer's Lone Oak Liquors), 3090 Courthouse Lane subject to final approval by the
Police Department and staff.
J. Change in Management. It was recommended to approve a change in management on the liquor license at
Cub Foods located at 1940 Cliff Lake Road.
K. Wetland Replacement Plan. It was recommended to approve wetland replacement plan by Lundgren
Brothers Construction for wetland impacts of the proposed Terra Glenn subdivision and for deposit into a
City of Eagan wetland bank account.
L. Memo of Understanding. Pulled for discussion.
M. 2004 Enterprise Fund Budgets. It was recommended to approve the proposed 2004 budgets for the four
Enterprise Funds: Public Utilities (Water, Sanitary Sewer, Streetlighting, Storm Drainage, and Water
Quality), Civic Arena, Aquatic Facility (Cascade Bay), and Community Center.
N. 2004 Special Revenue Funds Budgets. Pulled for discussion
0. Proposed 2004 BETC and BECT Budgets. It was recommended to approve the proposed 2004 budgets for
Burnsville/Eagan Telecommunications Commission (BETC) and Burnsville/Eagan Community Television
(BECT).
P. Tax-Forfeited Land. It was recommended to approve an application for conveyance from the State of
Minnesota to the City of Eagan of tax-forfeited property for an authorized public use.
Q. Project 98-T, Royal Oaks Addition. It was recommended to acknowledge the completion of Contract 98-T-
Royal oaks Addition - Street & Utility Improvements) and authorize perpetual City maintenance subject to
warranty provisions.
R. Project 01-E, Oakbrooke 5`s Addition. It was recommended to acknowledge the completion of Contract
0 1 -E-Oakbrooke 5`h Addition - Street & Utility Improvements) and authorize perpetual City maintenance
subject to warranty provisions.
S. Contract 03-01. It was recommended to approve the final payment for Contract 03-01 (Town Centre Area -
Street Improvements and Access Management) in the amount of $17,663.81 to McNamara Contracting, Inc.
and accept the improvements for perpetual City maintenance subject to warranty provisions.
T. 2004 Consulting Engineering- Rates. It was recommended to approve an amendment to the Fee Schedule
Appendix for the current Consulting Engineering Contracts for services to be provided in 2004.
U. Contract 01-13. It was recommended to approve the final payment for Contract 01-13 (July 2000 Storm
Mitigation - Storm Improvements) in the amount of $14,234.15 to Barbarossa and Sons, Inc. and accept the
improvements for perpetual city maintenance subject to warranty provisions.
V. Contract 01-15. It was recommended to approve the final payment for Contract 01-15 (July 2000 Storm
Mitigation - Storm Sewer Improvements) in the amount of $14,449.68 to Barbarossa and Sons, Inc. and
accept the improvements for perpetual City maintenance subject to warranty provisions.
W. Contract 01-04. It was recommended to approve the final payment for Contract 01-04 (Central Parkway-
Street & Utility Improvements) in the amount of $101,461.16 to C.S. McCrossan, Inc. and accept the
improvements for perpetual City maintenance subject to warranty provisions.
Eagan City Council Meeting Minutes op'A
December 16, 2003 Page 3 T
X. Contract 02-15B, Community Center site Improvements. It was recommended to approve Change Order
No. 4 to Contract 02-15B (Community Center Site Improvements) and authorize the Mayor and City Clerk
to execute all related documents.
Y. Project 903. It was recommended to approve the plans and specifications for Contract 04-01 (River Valley
Acres - Fly Ash Removal) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on
Thursday, January 15, 2004.
Z. ARC Member Appointment. It was recommended to appoint Eagan Airport Relations Commission (ARC)
alternate member Steven Grooms as a regular, voting member to fill the vacancy of ARC member Michael
Cook, who resigned as of January 1, 2004.
AA. JP-47 S1udize Removal. Pulled for discussion.
BB. Renaming of Community Room. It was recommended to approve the renaming of the Community Room at
City Hall to the Eagan Room, and authorize expenditure for replacement of room sign.
CC. Contract 03-09. It was recommended to approve Change Order #2 to Contract 03-09 (north Water
Treatment Plant Expansion) and authorize the Mayor and City Clerk to execute all related documents.
L. Memo of Understanding. A memorandum of understanding proposed by the Gun Club Lake Watershed
Management Organization for the City of Eagan to provide administrative services.
Mayor Geagan questioned the funding for the Gun Club Lake WMO. Council agreed to continue
consideration of this item to allow time for further information to be provided.
Councilmember Tilley moved, Councilmember Fields seconded a motion to continue consideration of the
Proposed Gun Club Lake WMO Memorandum of Understanding. Aye: 5 Nay: 0
N. 2004 Special Revenue Budgets. 2004 Special Revenue Funds Budgets, including Housing Fund, Police
Forfeiture Fund, Economic Recovery Grant Fund, and Cable TV Franchise Fees Fund.
Mayor Geagan questioned the debt service funding obligation for Cascade Bay. Director of Administrative
Services VanOverbeke addressed.
Mayor Geagan moved, Councilmember Tilley seconded a motion to approve the 2004 Enterprise Fund
Budgets including Housing Fund, Police Forfeiture Fund, Economic Recovery Grant Fund, and Cable TV
Franchise Fees Fund. Aye: 5 Nay: 0
AA. JP-47 Sludge Removal. Re-authorize preparation of plans, specifications, and bid documents; and request
for bids to remove alum sludge from City Pond JP-47.
Councilmember Maguire asked for clarification regarding mitigating phosphates. City Administrator Hedges
addressed the issue.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve plans and specifications
and authorize bidding: Sludge Removal JP-47. Aye: 5 Nay: 0
It was agreed to continue discussion regarding alternatives or sludge removal during the Administrative Agenda.
PUBLIC HEARINGS
2003 PROPERTY TAX LEVY
City Administrator Hedges discussed this item regarding the proposed 2003 property tax levy.
Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned
discussion back to the Council.
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Eagan City Council Meeting Minutes
December 16, 2003
Page 4
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the proposed 2003 (payable
2004) property tax levy as follows: Aye: 5 Nay: 0
General Revenue:
General Fund $ 17,351,480
Equipment Revolving Fd 834,980
Major Street Fd 1,150,708
Subtotal General Revenue 19,337,168
Debt Service:
Community Center bonds 1,086,476
Total City-wide Levy $ 20,423,644
0
Cedarvale Special Services Dist. $2,00
PROPOSED 2004 GENERAL FUND BUDGET
City Administrator Hedges introduced this item regarding the proposed 2004 General Fund budget.
Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned
discussion back to the Council.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the proposed 2004 General
Fund Budget. Aye: 5 Nay: 0
2004 PROPOSED CEDARVALE SPECIAL SERVICE DISTRICT BUDGET
City Administrator Hedges introduced this item regarding the proposed budget for the Cedarvale Special Service
District.
Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned
discussion back to the Council.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the 2004 Cedarvale Special
Service District Budget. Aye: 5 Nay: 0
PROJECT 895, LAKE PARK SHORES / THOMAS LAKE ADDITIONS STREET OVERLAY
City Administrator Hedges introduced this item regarding the proposed improvements for Lake Park Shores and
Thomas Lakes Addition. Assistant City Engineer Gorder gave a staff report.
Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned
discussion back to the Council.
Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve Project 895 (Lake Park
Shores / Thomas Lake Additions - Street Overlay) and authorize the preparation of detailed plans and specifications.
Aye: 5 Nay: 0
PROJECT 898, TERMINAL DRIVE STREET IMPROVEMENTS
City Administrator Hedges introduced this item regarding proposed improvements to Terminal Drive. Assistant City
Engineer Gorder gave a staff report.
Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned
discussion back to the Council.
Eagan City Council Meeting Minutes
December 16, 2003
Page 5 F~
A representative of "Prehung Doors" 3320 Terminal Drive expressed concern regarding driveway entrance
assessments.
Councilmember Carlson moved, Councilmember Fields seconded a motion to approve Project 898 (Terminal Drive
- Street Overlay) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0
OLD BUSINESS
2004 FEE SCHEDULE
City Administrator Hedges introduced this item regarding the proposed fee schedule for various City services,
supplies and materials.
It was agreed that the Youth Athletic Association should be notified regarding the proposed in-house participant fee.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to adopt a resolution approving the 2004
Fee Schedule establishing fees for various City services, supplies and materials, and approve changes in certain
licensing fees for 2005 (excluding the Youth Athletic Association in-house participant fee). Aye: 5 Nay: 0
CONDITIONAL USE AND VARIANCE - CEDARVALE BUSINESS CENTER
City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit for a pylon sign
and a variance of ten feet to the sign setback requirements for property located at 3902-3938 Cedar Grove Parkway.
The issue was continued from the December 1, 2003 City Council meeting to allow time for further information to be
provided regarding potential impact of the future trail along Cedar Grove Parkway. City Planner Ridley provided
background information and Public Works Director Colbert provided an update regarding the impact on the future
trail and/or retaining wall along Cedar Grove Parkway.
Richard Fitzgerald, Property Manager for Cedarvale Business Center discussed the location of the proposed sign and
potential tree removal.
Councilmembers discussed various options for the proposed signage and agreed to continue consideration of the
conditional use and variance to allow time for the applicant to provide more options. It was noted that Council
concurs with staff recommendations as listed in the December 15, 2003 memorandum.
Councilmember Tilley moved, Councilmember Maguire seconded a motion to continue consideration of a
Conditional Use Permit and Variance for a pylon sign, located at 3902-3938 Cedar Grove Parkway for January 6,
2004. Aye: 5 Nay: 0
NEW BUSINESS
COCA-COLA WATER/SEWER UTILITY BILL
Councilmember Tilley moved, Councilmember Carlson seconded a motion to continue consideration of the Coca-
Cola Water/Sewer Utility Bill to allow time for review by the Finance Committee. Aye: 5 Nay: 0
PRELIMINARY SUBDIVISION - LUNDGREN BROTHERS CONSTRUCTION
City Administrator Hedges introduced this item regarding a preliminary subdivision (Terra Glenn) of approximately
39.5 acres to create 54 single family lots and 26 condo lots, located south of Yankee Doodle Road and north of
Ashbury Road. City Planner Ridley gave a staff report.
David Hinners representing Lundgren Brothers made a presentation regarding the proposed subdivision.
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Eagan City Council Meeting Minutes
December 16, 2003 ^
Page 6 R~
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One citizen spoke expressing support for project.
Councilmembers held a discussion and questioned the developer regarding notification of potential home owners that
a new runway will be opening.
Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision
(Terra Glenn) to create 24 condominium units according to Exhibit 2, Option 1 as presented with the December 9,
2003 letter from Lundgren Brothers, and 54 single family lots on 39.5 acres located in the NW of Section 16
between Yankee Doodle Road, and Ashbury Road, and between Blue Cross Road and the City's Public Works
facility; subject to the following conditions : Aye: 5 Nay: 0
1. The developer shall comply with these standards conditions of plat approval as adopted by Council on
February2, 1993: lA, B1,4, C1,2,4 D1, and E1
2. The property shall be platted.
3. The applicant shall enter into a Final Planned Development Agreement with the City. The following
exhibits are necessary for the Agreement:
• Final Site Plan
• Final Building Elevations Plan
• Final Tree Preservation Plan
• Final Landscape Plan
• Final Lighting Plan
• Final Signage Plan
4. Required tree preservation mitigation through the installation of seven-hundred sixty-two (762) category B
trees to be installed on site.
5. The development can use a "floating number" system pertaining to the final number of mitigation trees
required. Complete fulfillment of all required mitigation to be installed prior to final project completion.
6. The applicant shall continue to work with city staff to identify additional opportunities for preservation
during the development and construction process.
7. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) be
installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant
trees/woodlands to be preserved on-site.
8. The applicant contact the City Forestry Division and set up a pre-construction site inspection at least five
days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation
Plan and placement of the Tree Protection Fencing.
9. The trail dedication shall be satisfied through the creation and subsequent dedication to the City of Outlot E,
a 16' wide parcel extending north/south along the length of the most westerly boundary of lots 5 and 6 of
Terra Glenn. In cooperation with the City, the developer may plant mitigation trees on said Outlot.
10. An individual tree preservation plan for Lots 1-20, Block 4 and Lots 1-15, Block 2, be submitted at the time
of building permit.
11. The developer shall be responsible for providing adequate easements across this development to
accommodate the required raw water transmission lines, in an alignment to be determined by the City, in a
form acceptable to the City Attorney.
Eagan City Council Meeting Minutes OR A
December 16, 2003
Page 7
12. Construction of the raw water transmission lines, or alternative carrier pipes, across this property shall occur
at time of this development through one of two methods: 1) as a petitioned public improvement project or
2) privately by the developer to be transferred to the City for future maintenance. If the project is petitioned,
the project shall be approved by the City Council prior to final subdivision approval.
13. The developer shall construct outlet structures and pipes from the ponds in accordance with City
engineering standards.
14. The developer shall be responsible for constructing a trail, in accordance with City standards, along the
north side of Blue Shield Drive within the development. Trail way easement, in a form acceptable to the
City Attorney submitted with final subdivision.
15. The developer shall be responsible for acquiring drainage and utility easement to cover the ponding area
within Blue Cross/ Blue Shield property prior to final subdivision approval, in a form acceptable to the City
Attorney.
16. The development should meet the City's water quality requirements primarily by creating a minimum
stormwater treatment capacity of 1.84 acre-feet. Stormwater treatment ponds should be constructed
according to NURP standards with maximum depths of 6 feet, 10:1 aquatic benches from the normal water
levels, and outlets in accordance with City design standards.
17. Subject to assurance that the wetland replacement area is accepted by the Board of Water and Soil
Resources into the City's wetland bank account, and subject to full accordance with standards and
provisions of the WCA, the proposed wetland replacement and monitoring plan should be approved,
allowing the developer to fill 2,574 square feet of wetland and create 13,233 square feet of new wetland
credit and at least 13,233 square feet of Public Value Credit (PVC).
18. The 12 acres draining off site is subject to a cash dedication in lieu of ponding.
19. The developer shall provide information relative to "over flow" visitor parking for the town home portion
of the development.
20. The developer shall illustrate trash and recycling accommodations for the town home portion of the
development.
21. All signage shall meet City Code requirements.
22. Cement based lap siding (i.e.Hardiplank) should be used as exterior materials for the town homes.
23. The developer shall be responsible for preparing and recording, with the subdivision, appropriate
documents establishing a Homeowners Association. The documents should be submitted and approved by
the City Attorney's office prior to Final Subdivision approval.
24. Outlot E should be conveyed to the City by warranty deed.
25. The developer shall be responsible for preparing and recording, with the subdivision, a conservation
easement for Outlot B and on the lots specified by the developer. The documents shall be submitted and
approved by the City Attorney's office prior to Final Subdivision approval.
26. The homeowners association shall maintain outlots A-C, signage, landscaping, and retaining walls.
27. The developer shall prepare and record a cross-easement document covering the condo lots. The document
shall be submitted and approved by the City Attorney's office prior to Final Subdivision approval.
Eagan City Council Meeting Minutes n
December 16, 2003
Page 8
PRELIMINARY SUBDIVISION (MOTHER NATURE ADDITION) - KENT LAGESON
City Administrator Hedges introduced this item regarding a Preliminary Subdivision (Mother Nature) to create 2
single family lots located at 4137 Rahn Road. City Planner Ridley gave a staff report.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision
(Mother Nature) to create 2 single family lots located at 4137 Rahn Road; subject to the following conditions:
Aye: 5 Nay: 0
1. The developer shall comply with these standards conditions of plat approval as adopted by Council on
February2, 1993: A1, B1, C1, Dl, and E1
2. The property shall be platted.
3. A copy of the fully executed and recorded document from the easement release from Northern Natural Gas
including verification of no active gas line and approved by the City Attorney shall be provided prior to
building permit.
4. 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.
5. An Individual Lot Tree Preservation Plan is required on Lot 2, Block 1 at the time of building permit
application.
6. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) be
installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant
trees/woodlands to be preserved on-site.
7. The applicant contact the City Forestry Division and set up a pre-construction site inspection at least five
days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation
Plan and placement of the Tree Protection Fencing.
8. This development shall be responsible for a cash trails dedication.
9. This development shall be responsible for a cash parks dedication.
10. The developer shall be responsible for extending sanitary sewer and water service to Lot 1 from the existing
utility pipes within Rahn Road.
11. The development shall be responsible for a cash dedication in lieu of storm water treatment ponding.
PRELIMINARY SUBDIVISION AND VARIANCE (SUGAR BLUFFS) - MICHAEL AND KAREN STACK
City Administrator Hedges introduced this item regarding a Preliminary Subdivision (Sugar Bluffs) to create 4 single
family lots and a Variance to allow two lots without public street frontage located at 4500 Thomas Lake Road. City
Planner Ridley gave a staff report.
Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve a Preliminary Subdivision
(Sugar Bluffs) to create 4 single family lots and a Variance to allow two lots without public street frontage located at
4500 Thomas Lake Road subject to the following conditions: Aye: 5 Nay: 0
1. The developer shall comply with these standards conditions of plat approval as adopted by Council on
February 2, 1993: A1, B1, B4, C1, C2, D1, and E1
2. The property shall be platted.
Eagan City Council Meeting Minutes
December 16, 2003
Page 9 /y F
3. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and
City standards as part of this development.
4. The existing house on Lot 2 shall be connected to public sanitary sewer and water service with this
development.
5. The developer shall be responsible for preparing and recording, with the final subdivision, appropriate
documents establishing a homeowners' association. The documents shall be submitted and approved by the
City Attorney's office prior to final subdivision approval. The transfer of Outlot A to the homeowners'
association shall be recorded with the subdivision.
6. The developer shall be responsible for providing a private easement to the gas company over the existing
pipe line within the property.
7. The development shall be responsible for a cash trail dedication.
8. The developer shall create a fifty (50) foot wide conservation easement in a form acceptable to the City
Attorney along the east and north shore of the development prohibiting development or the removal of
vegetation within the easement. Said easement shall coincide with the setback from the OHWL except in
that area forty-five (45) feet east and eighty (80) feet west of the westerly north/south property line between
lots 1 and 2 where the easement shall coincide with the north line of the Bluff Impact Zone. Said easement
shall be recorded with the property.
9. To ensure survival of preserved trees (on site trees # 78, 81, 83, 86, 87, 89, and 99), a long term tree
survival plan shall be prepared by a certified arborist and implemented on all trees with encroachment into
the CRZ. The applicant shall communicate with city forestry staff in the actual placement of tree protection
fence around these large preserved trees.
10. An Individual Lot Tree Preservation Plan shall be required on Lots 1, 3, and 4 of Block 1 at the time of
building permit application.
11. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall
be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of
significant trees/woodlands to be preserved on-site and off-site (i.e. park trees).
12. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least
five days prior to the issuance of the grading permit to ensure compliance with the approved Tree
Preservation Plan and placement of the Tree Protection Fencing.
13. A cash dedication in lieu of on-site water quality ponding shall be required for this development.
ADMINISTRATIVE AGENDA
City Administrator Hedges discussed a recommendation by the Operations Committee to abandon the current child
care program at the Community Center and utilize the space for pre-school programs and birthday parties. The
Council agreed with this recommendation.
Councilmember Carlson discussed the current method of sludge removal from JP47. Council directed staff to
provide information regarding alternative methods of sludge removal.
Mayor Geagan moved, Councilmember Tilley seconded a motion to recess the regular City Council meeting at 9:30
p.m. and immediately convene a meeting of the Economic Development Authority.
Eagan City Council Meeting Minutes ~R
December 16, 2003
Page 10
Councilmember Maguire moved, Councilmember Tilley seconded a motion to reconvene the regular City Council
meeting at 9:40 p.m.
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
ADJOURNMENT
Councilmember Fields moved, Councilmember Maguire seconded a motion to adjourn the regular City Council
meeting at 9:40 p.m. Aye: 5 Nay: 0
Date Deputy City Clerk
If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City
of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535).
The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities,
facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual
orientation, marital status or status with regard to public assistance.
/3
MINUTES DRAFT
SPECIAL CITY COUNCIL MEETING
MONDAY, DECEMBER 8, 2003
5:30 P.M.
CITY COUNCIL CHAMBERS
MUNICIPAL CENTER
City Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, Maguire,
and Tilley.
Staff members present: City Administrator Hedges, Assistant to the City Administrator
Lord, Fire Chief Kriha, Director of Communications Garrison, Communications Coordinator Foote,
Community Television Program Manager Hotchkiss, Director of Parks and Recreation Vraa and
Water Resources Coordinator MacBeth.
1. ROLL CALL AND AGENDA ADOPTION
Mayor Geagan noted that he wanted to have enough time to discuss each of the items prior
to the JP 47 discussion and, therefore, requested that the Council discuss the proposed
Telecommunication Commission budget, CIP Part I and the web page demonstration, in that order.
Councilmember Tilley moved; Councilmember Fields seconded a motion to adopt the agenda as
amended. Aye: 5 Nay: 0
11. VISITORS TO BE HEARD
There were no visitors to be heard.
III. PROPOSED 2004 BURNSVILLE / EAGAN TELECOMMUNICATION COMMISSION
AND COMMUNITY TELEVISION BUDGETS
City Administrator Hedges introduced the item noting that the BETC and Community
Television budget were reviewed by the Burnsville City Council on November 25, 2003 and are
slated for final adoption on December 15. Hedges also added that the Commission is working on a
five-year budget per the City Council's direction. Communications Director Garrison provided an
overview of the budget. Garrison noted that there is a $192,000 decrease in the BETC fund balance
with a corresponding $150,000 increase in capital expenses to begin replacing ageing equipment,
primarily the twenty-year old mobile production van. The City Council discussed the budgets as
proposed. The Council requested that staff continue to look at how to maximize the joint powers
arrangement between the cities of Burnsville and Eagan.
Councilmember Fields moved; Councilmember Maguire seconded a motion to direct the
BETC and Community Television budgets to the December 16 regular agenda for consideration on
the Consent Agenda. Aye: 5 Nay: 0
1 / V
City Council Minutes DRAFT
December 8, 2003 Council Workshop Page 2
IV. CIP PART I / FIRE STATION IMPROVEMENTS
City Administrator Hedges introduced the item noting that the five-year Part I CIP for 2004-
2008 includes five Fire Department capital building projects. Three of those projects are proposed
for 2004 including: 1.) the addition of ventilation to the basement area and installation of
restroom/shower facility for the Fire Administration Building at an estimated cost of $90,000; 2.)
reconstruction of the parking lot at Fire Station No. 5 at a cost of $50,000; and, 3.) renovation at
Fire Station No. 3 that would include a new roof, new carpet, expansion of the dispatch room and
north bay to accommodate a second vehicle at a projected cost of $325,000. City Administrator
Hedges noted that the purpose of the discussion tonight is for the Council to offer their input into
the proposed projects; however, staff is not seeking approval of the CIP expenses at this meeting.
Fire Chief Kriha presented an overview of the projects being proposed.
The City Council discussed the proposed projects. The City Council inquired as to how
many people are currently using the Fire Administration work-out facility. The City Council also
asked for justification/need for the improvements. Lastly, the Council asked what the cost would be
to only improve the ventilation in the Fire Administration building. The City Council voiced their
support of the reconstruction of the parking lot at Fire Station No. 5. The City Council also voiced
their support for the renovation of Fire Station No. 3; however, they did inquire as to whether or not
there are enough personnel to support a second line vehicle. The Mayor also requested that staff
provide a breakdown as to the number of volunteers that the Fire Department currently has at each
station, both day and night. The City Council also discussed projects that are proposed for the
future, which include a training site for live burn of vehicles, confined space training, hazardous
materials training and car extrication in 2006.
Also proposed for a future project is the addition of Fire Station No. 6, estimated at $3.5
million which includes cost to purchase the land, construction of the building, and purchase of
equipment. The Council asked whether the City has looked at partnering with other municipalities
in order to secure land for the training site. The Council also discussed the need for Fire Station No.
6 as well as potential locations. City Administrator Hedges noted that a 6th station may be an item
for referendum as was the case on all the other fire stations. Chief Kriha added that a location near
Wescott Avenue and Lexington Avenue has been discussed. The City Council requested that along
with an update on the number of volunteers in the Fire Department that a chart with concentric
circles showing response time also be provided to the Council.
V. EAGAN WEB PAGE DEMONSTRATION
City Administrator Hedges introduced the item noting that since receiving Council approval
in January 2003, a cross departmental team of City staff have been working extensively with two
vendors to completely redesign the look and functionality of the Eagan web page. Director of
Communications Garrison provided a visual overview of the new web site and content management
system which is scheduled to go live by the end of the week (December 12). The City Council
inquired as to whether a development plan is in place for the web site. The Council asked that there
be interactivity opportunities with staff and citizens on issue-specific items. Council also asked that
packet materials be provided on the web site. The City Council thanked staff for all of their work
on the web site.
City Council Minutes DRAFT
December 8, 2003 Council Workshop
Page 3
The City Council recessed at 6:30 p.m.
The City Council reconvened at 6:35 p.m.
VI. JP 47 / ALUM DOSING - FISH LAKE AND BLACKHAWK LAKE
PHOSPHORUS FERTILIZER LAW STUDY UPDATE
City Administrator Hedges introduced the item noting that during the past ten-years, the
City has focused water quality resources on public information and education, water management
strategies and capital improvement projects to improve the water quality of Fish Lake and
Blackhawk Lake. Since the 1998 construction of a "pilot" alum dosing facility next to Hurley Lake,
the City has been evaluating the effects of the facility and the water quality of Fish Lake and down
stream water bodies (including Blackhawk Lake). Hedges added that the dosing facility, under
permit by the state, operated from 1998 through 2000. Furthermore, for the past several months,
staff and the City Council have discussed whether to reopen the alum dosing facility for long-term
operation or look at other alternatives to provide water quality benefits. Hedges noted that no action
was requested or required at the December 8th workshop. Rather, the purpose of the meeting is to
provide additional clarification by the City Council on the dosing facility and other alternatives.
City Administrator Hedges also noted that per the direction of the City Council at the
November 18 Listening Session, the City Administrator's office contacted the City of Shorewood to
discuss the status of the phosphorus fertilizer law and, further, draft correspondence to
Representative Cox and the City's legislative delegation to seek a permanent ban on both the use
and sale of phosphorus fertilizer. Hedges presented draft correspondence to the aforementioned
representatives.
Water Resources Coordinator Macbeth provided a presentation and overview of the alum
dosing program.
Numerous members of the public addressed the City Council regarding the issue of alum
sludge in City Pond JP-47 and alum dosing. The following comments were made:
A.) Mr. Patrick McCarthy spoke against the project and noted that he would like the portion of
the property being discussed as a potential alum settling pond to be included in the Dakota County
Conservation Easement. McCarthy also commented that he was not previously compensated for the
lift station constructed on his property.
B.) Kurt Swartz, 1690 Blackhawk Cove, asked numerous questions to the City Council
including: 1.) Why isn't the existing facility operating? 2.) What is the objective of the alum dosing
project? 3.) What is the result if we do not operate the project? 4.) What is the proposed cost of the
project?
C.) George Bohlig, 1680 Blackhawk Cove, complimented the City for their work in water
quality. He also added that he is concerned with the constant change in Blackhawk Lake's water
level and hopes that the City will be able to improve the speed in which water leaves the lake.
i /1~
City Council Minutes DRAFT
December 8, 2003 Council Workshop
Page 4
D.) Dean Tenquist, 3723 Denmark Court West, asked the Council about the effects of the
treatment on wildlife.
E.) Charlie Hanf, 3702 Denmark Avenue, noted that the treatment has been effective in the past
and inquired as to what the plans are to remove the current sludge from JP-47.
F.) Mark Gallaway, 3803 Blackhawk Ridge Place, noted that he has seen the quality of the
water at Blackhawk Lake decrease over the past few years. He also inquired about the dramatic
changes in water level in Blackhawk Lake, and asked what the impact of the change in balance has
on wildlife. He also asked the Council about the impact of the sludge down stream.
G.) Linda Haugen, 3718 Denmark Court East, provided a handout to the City Council. Ms.
Haugen noted the need for 18 inches of sludge to be removed from JP-47. She also added that the
sludge has killed the pond and it smells very badly. Haugen added her concerns regarding access to
JP-47 and commented that 30 trees have been cut down in order to have access to JP-47. Haugen
offered numerous alternatives to alum dosing, including the City of Apple Valley's use of rain
gardens. Haugen inquired about the expense of the alum dosing project as well as the impact of the
newly enacted phosphorus law on phosphorus levels in the water bodies.
D.) Don Christenson, resident on the northwest side Fish Lake, inquired about the cost to
operate the existing facility and also asked what the City will do with the sludge once it is removed.
He also inquired about the remaining five hundred acres within the watershed that are not proposed
to be treated. Lastly, he inquired about runoff from Pilot Knob Road as well as the affects of lead
waste from neighboring car washes and fishing sinkers.
E.) Mike Carrazco, resident on the south side of Fish Lake, inquired about the purpose of the
dirt mound on the north side of Fish Lake.
Mayor Geagan asked that City Administrator Hedges and Water Resources Coordinator
Macbeth provide responses to the questions raised by the residents.
City Administrator Hedges responded to the question regarding monetary reimbursements to
Mr. McCarthy in regard to the lift station on his property. Hedges noted that a reimbursement was
made to Mr. McCarthy and stated that he would provide the information gathered by staff to show
record of the reimbursement.
Water Resources Coordinator Macbeth noted that the current alum dosing station ceased
operations in 2000 due to the accumulation of sludge and also noted that the state permit expired in
2002. Macbeth and the City Council discussed the goals and objectives for the alum dosing project
and also discussed the proposed costs. Macbeth estimated that to remove the sludge, purchase the
land, construct the basin, and operate the station would cost approximately $127,000 per year over
ten-years. Included in the $127,000, would be continuing operating costs of $77,000 per year.
In response to inquiries regarding changes in lake water levels, Macbeth noted that there are
no plans in place to alter water levels. Macbeth noted that Eagan's lakes hold water for flood
control, which results in changes in levels ("bounce"). Macbeth noted that he would defer the
question regarding the bounce Blackhawk Lake to Engineering for a response.
City Council Minutes DRAFT
December 8, 2003 Council Workshop
Page 5
In response to questions regarding the effects of alum dosing on wildlife, Macbeth noted that
the short term effects have been negative on bottom-dwelling animals in JP-47 due to sludge
accumulation; however, the long term effect is positive as the water quality/clarity increases and,
therefore, is beneficial to water plant life.
Water Resources Coordinator Macbeth and the City Council discussed the potential timeline
for removal of sludge from JP-47. Macbeth noted that direction is needed from the City Council
before the sludge can be removed.
In response to the effects on downstream water bodies, Macbeth stated that phosphorus
contents downstream would be reduced and, therefore, water quality of downstream bodies could be
improved.
Macbeth and the City Council discussed alternatives to alum dosing, in particular, rainwater
gardens in neighboring cities. Macbeth noted that rainwater gardens can be successful at small
spatial scales, however, many rainwater gardens would be needed to deal with 2,500 acres of a
watershed.
Macbeth and the City Council discussed the legalities of the alum dosing program as well as
the issues of the trees being removed from the Haugen's property. Both Director of Parks and
Recreation Vraa and Water Resources Coordinator Macbeth stated that the alum dosing project was
permitted by the state and, therefore, supported by the Pollution Control Agency and the
Department of Natural Resources. Macbeth added that trees were replaced on the Haugen's
property with their full involvement and acceptance.
In response to questions about the 500 acres that are proposed not to be included in the alum
dosing project, Macbeth noted that an analysis in 1994 identified where the City should focus its
attention because it identified that the area draining through JP-47 (2,500 acres) contributes the
most phosphorus. Macbeth noted that no lead monitoring has been done on the lakes, but he noted
that lead is a naturally occurring element and lead also is deposited from the atmosphere.
In response to whom would regulate/supervise the alum dosing project, Macbeth noted that
the City would need a state permit that would require the City to conduct regular monitoring to
verify compliance with the permit.
Lastly, Macbeth commented on the berm on the northeast corner of Fish Lake, noting that it
was built in the early 1980's to create a settling area as a storm water management practice.
The City Council inquired about the smell of the new pond should the alum dosing project
be approved. Macbeth noted that the smell would be minimized due to water depth on top of the
sludge/settlement. Macbeth added that the reason a smell exists on JP-47 is that the water body is
shallow and the organic matter decomposes when exposed to air.
Mayor Geagan invited other residents who have an interest in the JP-47/alum dosing project
to speak.
City Council Minutes DRAFT
December 8, 2003 Council Workshop
Page 6
John Ward, 1634 Murphy Parkway, provided a handout to the City Council and noted that
he is a member of Friends of Eagan Core Greenway. Mr. Ward said there were alternative solutions
to alum dosing as well as environmental solutions.
Jack Conrad, 7872 Sunset Drive, also a member of Friends of Eagan Core Greenway stated
his concerns with the costs of the proposed project and the condemnation that would be needed.
Mr. Conrad inquired about the legalities of condemnation, the costs of the project, and other
alternatives to the proposed alum dosing.
Joan Bohlig, 1680 Blackhawk Cove, noted that she is very concerned about the trees around
Blackhawk Lake that have died from high water levels and also stated that the algae on the lake is
very bad.
Don Holmes, 936 Waterford Drive, recommended that the City take their time on this
project to consider the funding. He also added that education is critical if the project is
implemented.
Todd Haglind, 1484 West Pond Road, noted that the lake looks like a swamp in the summer.
Mike Nelson, resident on Denmark Court, noted that he does not want problems in his
backyard to benefit the water quality for others.
Ms. Haugen again addressed the City Council with her concerns about the legality of the
project. Parks and Recreation Director Vraa, at the request of Mayor Geagan, again noted that the
project was permitted by the state. Vraa also added that at the time the project was implemented,
informational meetings were held with the residents.
City Administrator Hedges again noted that no action is required at the December 8th
workshop, however, action would be needed if the City Council wanted to remove the sludge from
JP-47 during the 2003/2004 winter season. The City Council recommended that they consider the
removal of the current sludge from JP-47 as a separate issue from the proposed alum dosing project.
The City Council provided direction to staff to include the approval of plans and
specifications for the removal of the sludge from JP 47 on the December 18 City Council meeting to
be included on the Consent Agenda. The Council also asked for a cost breakdown regarding the
removal of sludge from JP-47.
Councilmember Carlson and Councilmember Fields left the meeting at 8:35 p.m.
VII. OTHER BUSINESS
There was no other business to be discussed.
ADJOURNMENT
Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the
meeting at 8:40 p.m. Aye: 3 Nay: 0
19
Agenda Information Memo
January 6, 2004 Eagan City Council Meeting
B. PERSONNEL ITEMS
Item 1. Part-time Guest Services Rep/Community Center--
ACTION TO BE CONSIDERED:
To approve the hiring of Margaret Sharp as a part-time guest services rep at the Community
Center.
Item 2. Part-time Seasonal Broomball & Boot Hockey Officials--
ACTION TO BE CONSIDERED:
To approve the hiring of Randy Boyden, Keith Wallace and Brad Champlin as part-time seasonal
broomball & boot hockey officials.
Item 3. Part-Time Clerical Tech/Receptionist/Police Department
ACTION TO BE CONSIDERED:
■ To approve the hiring of Jamie Bewley as a part-time Clerical Technician III/Receptionist
for the Police Department
Item 4. Facilities Operation Supervisor/Community Center
ACTION TO BE CONSIDERED:
■ To approve the hiring of a person to be recommended as the Facility Operations
Supervisor at the Eagan Community Center
FACT:
■ Interviews were held this week for the position of Facility Operations Supervisor at the
Eagan Community Center
■ Background and reference checks are currently being performed.
■ Hopefully, the name of the person to be recommended for hire will be available by the
Council meeting on Tuesday; if not, approval of "a person to be recommended" is past
practice. The Council would then be informed of the name of the person as soon as it is
available.
Item 5. Addition to Personnel Policy/Health Care Savings Plan
ACTION TO BE CONSIDERED:
To approve the addition of section 38.6 to the City of Eagan Personnel Policy(Individual Health
Care Savings Plan for FLSA Non-Exempt Non-Collective Bargaining employees, Compensation
Ranges A-F, who are scheduled to work thirty or more hours per week).
D
i
Agenda Information Memo
January 6, 2004 Eagan City Council Meeting
ATTACHMENT:
Attached on page ;Z is a copy of the proposed Personnel Policy Additions for the FLSA Non-
Exempt Non-Collective Bargaining employees, Compensation Ranges A-F, who are scheduled to
work thirty or more hours per week
38.6 FLSA Non-Exempt Non-Collective Bargaining Employees, Compensation Ranges A-F, who
are scheduled to work thirty or more hours per week.
38.6.1 Salary Deduction: 1 % of an employee's gross salary will be allocated to the Health
Care Savings Plan (HCSP).
38.6.2 Severance: When an employee in this group voluntarily separates from the City, a
contribution of the following appropriate amount of severance will be allocated to the Health
Care Savings Plan. (Severance shall be defined as per Section 14.7 of the Personnel Policy)
Years of Service* Under 5 ears 5-15 ears 16+ ears
% of severance to be 0% 50% 100%
allocated
*Years of service shall be based on the total number of years that an employee has worked for the City
of Eagan.
a. An employee's contribution percentage will be effective for an entire year. An
adjustment to an increased contribution percentage will be made in January of the year
in which an employee's years of service anniversary with the City will take place (e.g.,
if an employee's 16th anniversary date occurs in June of 2004, he/she will make a
severance contribution of 100% beginning in January of 2004).
38.6.3 Vacation:
Years of Service* Under 5 ears 5-15 ears 16+ ears
% of severance to be 0% 25% 50%
allocated
*Years of service shall be based on the total number of years that an employee has worked for the City
of Eagan.
a. An employee's contribution percentage will be effective for an entire year. An adjustment
to an increased contribution percentage will be made in January of the year in which an
employee's years of service anniversary with the City will take place (e.g., if an employee's
16th anniversary date occurs in June of 2004, he/she will make a vacation contribution
upon separation of 50% beginning in January of 2004).
38.6.4 Plan Provisions: This group's HCSP shall be reviewed by the group every two years.
38.6.5 Effective Date: The plan will go into effect on the second paycheck of January 2004.
eZ
i
Agenda Information Memo
January 6, 2004 Eagan City Council Meeting
Item 6. Addition to Personnel Policy/Report of Loss of Driver's License
ACTION TO BE CONSIDERED:
To approve the addition of Section 39 to the City of Eagan Personnel Policy, Report of Loss of
Driver's License.
FACTS:
■ The minimum requirements of many positions at the City of Eagan require that
employees in those positions possess a valid driver's license because they are required to
be able to drive in order to perform the essential functions of their positions.
■ Currently, employees are not required to report the loss of a driver's license.
■ The proposed new Personnel Policy language would establish this requirement.
ATTACHMENT
Attached on page ~-T is a copy of the proposed language.
c).3
SECTION THIRTY-NINE
REPORT OF LOSS OF DRIVER'S LICENSE
39.1 Any employee whose position description lists the possession of a valid driver's
license as a minimum requirement must report the loss (e.g., revocation, suspension,
etc.) of a valid license to their supervisor and to the City of Eagan Director of Human
Resources the first business day immediately following the date of the loss of the
driving license.
39.2 Any employee whose position description lists the possession of a valid driver's
license as a minimum requirement must report the possession of a restricted license
(e.g., can only drive to and from work, can only drive while working, etc.) to their
supervisor and to the City of Eagan Director of Human Resources the first business
day immediately following the effective date of the restricted license.
39.3 While acting in the course and scope of employment for the City, no City of
Eagan employee who does not possess a valid driver's license may drive a vehicle
which requires that the drive hold a valid driver's license in order to operate that
vehicle.
Lj
i
Agenda Information Memo
January 6, 2004 Eagan City Council Meeting
Item 7. Revisions to Personnel Policy/Leave of Absence Without Pay, Child Care Leave,
Family and Medical Leave Act Leave, Report Forms
ACTION TO BE CONSIDERED:
To approve revisions to Section 16.2, Leave of Absence Without Pay; Section 16.3, Child Care
Leave; Section 16.4, Family and Medical Leave Act Leave; and Section 31, Report Forms of the
Personnel Policy.
FACTS:
■ Currently under the Personnel Policy, procedures for requesting leave without pay,
Family and Medical Leave Act leave (FMLA), Child Care Leave, and extended medical
leave vary.
■ The use of extended leave periods is fairly infrequent; however, due to the current varying
procedures as well as requirements of federal and state laws, the procedures and
requirements for requesting and granting leaves can be confusing.
■ In order to avoid confusion on the part of the employee and to simplify procedures, staff
is recommending that the procedures be revised to be as alike as possible. To accomplish
this, revisions are needed to the sections of the Personnel Policy which cover these types
of leave.
■ In addition, a new form, "Leave Without Pay/Extended Leave Application," has been
developed to help guide employees and their supervisors through the different types of
leave they will use separately and in conjunction with each other in cases of extended
leaves, such as extended medical leaves, leaves after the birth of a child, etc.
ATTACHMENTS:
Attached on pages through e copies of Section 16.2, Leave of Absence Without
Pay; Section 16.3, Child Care Leave; Section 16.4, Family and Medical Leave Act Leave; and
Section 31, Report Forms, as proposed for revision.
~.1 .
16.2 Leave of Absence Without Pay:
16.2.1 To apply for a leave of absence without pay for a period of time
over 40 hours, the employee must complete the "Leave Without
Pay/Extended Leave Application" form and an "Absence
Report" form. For lesser periods, a completed "Absence
Report" form is acceptable.
16.2.2 a. An employee's supervisor may approve a leave of
absence without pay for a period of forty hours or less.
b. A leave of absence of any employee, without pay, for a
period of more than forty hours but not to exceed 12 weeks
must be approved by the employee's supervisor, the employee's
department head, and the Director of Human Resources, taking
into consideration the general good of the municipal service and
and City of Eagan, State of Minnesota and Federal regulations
relating to allowable reasons for and required minimum lengths
of.periods of unpaid leave.
C. With additional approval by the City Administrator, such
leave of absence may be extended beyond 12 weeks if the leave
of absence is for continued disability, City of Eagan Child Care
Leave, or other good and sufficient reason.
d. No vacation or sick leave benefits shall accrue during a
leave of absence without pay of more than five work days.
e. The cost of benefits (such as health, life, A.D.&D. and
disability insurance premiums) shall be paid by the employee
during a leave of absence without pay of more than five work
days. The employee shall be liable for these costs for the period
beginning with the sixth work day of leave without pay.
Monthly premiums shall be pro-rated for periods of leave
without pay encompassing partial calendar months. If the
employee chooses to use unpaid FLSA leave for any portion of
the unpaid leave up to a total of 12 weeks as defined in Section
16.4, the City of Eagan will maintain group health insurance
coverage under the same conditions that apply to coverage for
active employees.
16.2.2 Leave of absence without pay will be allowed for military
service in time of war, national or state emergency as
proclaimed by the proper state or federal authorities with
reinstatement at the expiration of such leave as now or hereafter
authorized by law.
16.2.3 As required by Minnesota State Statute, a regular full-time or
part-time employee may be granted up to 16 hours of unpaid
leave per calendar year to attend school conferences or
~6
classroom activities for his/her children if these activities cannot
be scheduled during non-working hours. Such leave includes
conferences and activities for grades kindergarten through 12th
grade, special education programs, child care, pre-school or
other early childhood programs. If the employee chooses,
he/she may use accrued vacation or his/her floating holiday time
to attend school events.
f2
16.3 Child Care Leave (Paid and/or Unpaid Leave):
16.3.1 A child care leave with or without pay may be granted by the
City of Eagan subject to the provisions of this section. Child
care leave may be granted because of the need to prepare and
provide paternal or maternal care for a newborn or newly
adopted child of the employee.
16.3.2 An employee making application for child care leave shall
complete an "Absence Report" form and the "Leave Without
Pay/Extended Leave Application" form at least three calendar
months before commencement of the intended leave.
16.3.3 If the reason for the child care leave is occasioned by
pregnancy, an employee may elect to utilize sick leave during
the period of the employee's disability or the employee's
spouse's disability pursuant to the sick leave provisions of this
policy, provided that a statement from the employee's physician
is received (1) if the new mother's disability period is expected
to exceed six weeks (industry standard) stating the period of
time that the employee is expected to be disabled, or (2) that the
employee's attendance and assistance is expected to be required
due to the disability of his spouse for a period expected to
exceed two weeks. If circumstances change, a new statement
may be submitted at a later date.
16.3.5 A Child Care Leave of less than 12 weeks must be approved by
the employee's supervisor, the employee's department head,
and the Director of Human Resources. With additional
approval by the City Administrator, such leave of absence may
be extended beyond 12 weeks. In making a determination
concerning the commencement and duration of a child care
leave, including sick leave for the period of disability, the City
shall not in any event be required to grant any leave totaling
more than six (6) months in duration.
16.3.6 A City employee scheduled to return from child care leave shall
be reemployed in his/her former classification, unless
previously discharged or laid off. An employee who returns
from child care leave within the provisions of this section shall
retain all previous experience credit under the provisions of this
policy as credited up to and including the 30th day of the unpaid
portion of the leave.
16.3.7 Failure of the employee to return pursuant to the date
determined under this section shall constitute grounds for
discharge.
16.3.8 The period of time for which the employee is on child care
leave shall not be counted in determining the completion of the
probationary period.
16.3.9 An employee on child care leave of more than five work days is
eligible to participate in group insurance programs, but shall
pay the entire premium for such programs, commencing with
the sixth work day of leave without pay. If the employee
chooses to use unpaid FLSA leave for any portion of the unpaid
leave up to a total of 12 weeks as defined in Section 16.4, the
City of Eagan will maintain group health insurance coverage
under the same conditions that apply to coverage for active
employees.
09
16.4 Family and Medical Leave Act Leave
16.4.1 An employee who is eligible to take Family and Medical Leave
Act leave under the requirements of the federal Family and
Medical Leave Act (FMLA) must specifically request use of
FMLA leave in writing by completing an "Absence Report" and
the "Leave Without Pay/Extended Leave Application.".
Because of the need to coordinate FMLA leave provisions with
provisions of other laws, policies and regulations, all requests
will be considered on a case to case basis.
16.4.2 A total of 12 unpaid work weeks (not necessarily consecutive)
of FMLA leave is available in any twelve month period to care
for the employee's newborn or newly-placed adopted or foster
child; the employee's parent, child, or spouse with a serious
health condition; and the employee's own serious health
condition. However, the employee may choose to substitute
accrued sick, compensatory and/or vacation leave, whichever is
appropriate, for all or part of any (otherwise) unpaid 12 weeks
of FMLA leave.
16.4.3 Definitions: As used in this Family and Medical Leave Act
Leave section of the Personnel Policy, the following words and
terms shall have the meanings as stated:
a. "Eligible employee" means any employee who has been
employed by the City of Eagan for at least 12 months (not
necessarily consecutive) and has worked at least 1,250
hours for the City of Eagan during the previous 12
months.
b. "Any twelve month period" means a time period
measured forward from the date any employee's first
FMLA leave begins. An employee is entitled to 12 weeks
of FMLA leave during the year beginning on the first date
FMLA leave is taken; the next 12-month period would
begin the first time FMLA leave is taken after completion
of any previous 12-month period.
C. "Parent" means the biological parent of an employee or an
individual who stood in loco parentis to an employee
when the employee was a child.
d. "Child" means a biological, adopted or foster child, a
stepchild, a legal ward or a child of a person standing in
loco parentis, which child is under 18 years of age or 18
30
years of age or older and incapable of self-care because of
a mental or physical disability.
e. "Serious health condition" means an illness, injury,
impairment, or physical or mental condition that involves
inpatient care in a hospital, hospice, or residential medical
care facility or continuing treatment by a health care
provider.
16.4.4 FMLA Parenting Leave - the following provisions apply to
FMLA leave taken to care for a newborn biological child, or
newly-placed adopted child or foster child.
a. The employee's entitlement to FMLA parenting leave
expires 12 months after the birth or placement of the
child.
b. The employee may choose to substitute accrued vacation
and compensatory leave for all or part of the (otherwise)
unpaid 12 weeks of FMLA leave. In addition, accrued
sick leave may also be substituted during any period of
disability. If accrued sick leave is exhausted before the
period of disability is over, accrued vacation or
compensatory leave may then be substituted during the
period of disability.
C. Intermittent leave or leave on a reduced schedule may not
be taken without consent of the department head and the
Director of Human Resources.
d. Taking leave intermittently or on a reduced schedule does
not reduce the total amount of FMLA leave to which the
employee is entitled.
e. The employee shall give 30 days notice of the intention to
take FMLA parenting leave if possible.
16.4.5 FMLA Relative with Serious Health Condition Leave - the
following provisions apply to FMLA leave taken to care for an
employee's spouse, child or parent with a serious health
condition:
a. The employee may choose to substitute accrued sick,
compensatory and/or vacation leave for all or part of any
(otherwise) unpaid 12 weeks of FMLA leave.
31
b. When it is medically necessary, this type of FMLA leave
may be taken intermittently or on a reduced schedule.
C. If the need for intermittent leave or leave on a reduced
schedule is foreseeable, the employee may be temporarily
transferred to another position if the position has
equivalent pay and benefits and better accommodates the
recurring periods of leave.
d. Taking leave intermittently or on a reduced leave
schedule does not result in a reduction in the total amount
of FMLA leave to which the employee is entitled.
e. The Director of Human Resources may require that a
leave request be supported by a certification issued by the
health care provider of the employee's qualifying relative.
The certification must include a statement that the
employee is needed to care for the qualifying relative and
must estimate the time that the employee is needed.
16.4.6 FMLA Self-Care Leave - the following provisions apply to
leave taken to care for an employee's own serious health
condition:
a. An employee may take FMLA self-care leave to care for
his/her own serious health condition that makes the
employee unable to perform the functions of the job.
b. The employee may choose to substitute accrued sick,
compensatory and/or vacation leave for all or part of any
(otherwise) unpaid 12 weeks of FMLA leave.
C. When it is medically necessary, this type of FMLA leave
may be taken intermittently or on a reduced schedule.
d. If the need for intermittent leave or leave on a reduced
schedule is foreseeable, the employee may be temporarily
transferred to another position if the position has
equivalent pay and benefits and better accommodates the
recurring periods of leave.
e. Taking leave intermittently or on a reduced leave
schedule does not result in a reduction in the total amount
of FMLA leave to which the employee is entitled.
f. The Director of Human Resources may require that a
i
leave request be supported by a certification issued by the
employee's health care provider. The certification must
include a statement that the employee is unable to
perform the functions of the job.
16.4.7 Upon returning from FMLA leave, the employee will be
restored to the same or an equivalent position. However,
restoration to employment following FMLA leave may be
denied to salaried employees who are among the highest paid
10% of the employees at the City of Eagan if restoration would
cause the City "substantial and grievous economic injury."
16.4.8 The employee will not lose any benefits accrued before the
leave. However, the employee will not accrue benefits during
the unpaid portion of FMLA leave.
16.4.9 During the unpaid portion of the 12 week FMLA leave, the City
of Eagan will maintain group health insurance coverage under
the same conditions that apply to coverage for active
employees, i.e., it will pay the same portion of the premium
payments that it does for active employees who are eligible for
and enrolled in health insurance coverage.
16.4.9 If the employee does not return from FMLA leave, the City may
seek to recover health insurance premiums if the reason for the
failure to return was within the employee's control.
16.4.10 The employee is responsible for the full payment of premiums
for any life, AD&D and disability insurance for which the
employee is eligible and enrolled beginning the sixth work day
of the unpaid portion of FMLA leave.
16.4 Family and Medical Leave Act Leave
16.4.1 An employee who is eligible to take Family and Medical Leave
Act leave under the requirements of the federal Family and
Medical Leave Act (FMLA) must specifically request use of
FMLA leave in writing by completing an "Absence Report" and
the "Leave Without Pay/Extended Leave Application.".
Because of the need to coordinate FMLA leave provisions with
provisions of other laws, policies and regulations, all requests
will be considered on a case to case basis.
16.4.2 A total of 12 unpaid work weeks (not necessarily consecutive)
of FMLA leave is available in any twelve month period to care
for the employee's newborn or newly-placed adopted or foster
child; the employee's parent, child, or spouse with a serious
health condition; and the employee's own serious health
condition. However, the employee may choose to substitute
accrued sick, compensatory and/or vacation leave, whichever is
appropriate, for all or part of any (otherwise) unpaid 12 weeks
of FMLA leave.
16.4.3 Definitions: As used in this Family and Medical Leave Act
Leave section of the Personnel Policy, the following words and
terms shall have the meanings as stated:
a. "Eligible employee" means any employee who has been
employed by the City of Eagan for at least 12 months (not
necessarily consecutive) and has worked at least 1,250
hours for the City of Eagan during the previous 12
months.
b. "Any twelve month period" means a time period
measured forward from the date any employee's first
FMLA leave begins. An employee is entitled to 12 weeks
of FMLA leave during the year beginning on the first date
FMLA leave is taken; the next 12-month period would
begin the first time FMLA leave is taken after completion
of any previous 12-month period.
C. "Parent" means the biological parent of an employee or an
individual who stood in loco parentis to an employee
when the employee was a child.
d. "Child" means a biological, adopted or foster child, a
stepchild, a legal ward or a child of a person standing in
loco parentis, which child is under 18 years of age or 18
years of age or older and incapable of self-care because of
a mental or physical disability.
e. "Serious health condition" means an illness, injury,
impairment, or physical or mental condition that involves
inpatient care in a hospital, hospice, or residential medical
care facility or continuing treatment by a health care
provider.
16.4.4 FMLA Parenting Leave - the following provisions apply to
FMLA leave taken to care for a newborn biological child, or
newly-placed adopted child or foster child.
a. The employee's entitlement to FMLA parenting leave
expires 12 months after the birth or placement of the
child.
b. The employee may choose to substitute accrued vacation
and compensatory leave for all or part of the (otherwise)
unpaid 12 weeks of FMLA leave. In addition, accrued
sick leave may also be substituted during any period of
disability. If accrued sick leave is exhausted before the
period of disability is over, accrued vacation or
compensatory leave may then be substituted during the
period of disability.
C. Intermittent leave or leave on a reduced schedule may not
be taken without consent of the department head and the
Director of Human Resources.
d. Taking leave intermittently or on a reduced schedule does
not reduce the total amount of FMLA leave to which the
employee is entitled.
e. The employee shall give 30 days notice of the intention to
take FMLA parenting leave if possible.
16.4.5 FMLA Relative with Serious Health Condition Leave - the
following provisions apply to FMLA leave taken to care for an
employee's spouse, child or parent with a serious health
condition:
a. The employee may choose to substitute accrued sick,
compensatory and/or vacation leave for all or part of any
(otherwise) unpaid 12 weeks of FMLA leave.
b. When it is medically necessary, this type of FMLA leave
may be taken intermittently or on a reduced schedule.
C. If the need for intermittent leave or leave on a reduced
schedule is foreseeable, the employee may be temporarily
transferred to another position if the position has
equivalent pay and benefits and better accommodates the
recurring periods of leave.
d. Taking leave intermittently or on a reduced leave
schedule does not result in a reduction in the total amount
of FMLA leave to which the employee is entitled.
e. The Director of Human Resources may require that a
leave request be supported by a certification issued by the
health care provider of the employee's qualifying relative.
The certification must include a statement that the
employee is needed to care for the qualifying relative and
must estimate the time that the employee is needed.
16.4.6 FMLA Self-Care Leave - the following provisions apply to
leave taken to care for an employee's own serious health
condition:
a. An employee may take FMLA self-care leave to care for
his/her own serious health condition that makes the
employee unable to perform the functions of the job.
b. The employee may choose to substitute accrued sick,
compensatory and/or vacation leave for all or part of any
(otherwise) unpaid 12 weeks of FMLA leave.
C. When it is medically necessary, this type of FMLA leave
may be taken intermittently or on a reduced schedule.
d. If the need for intermittent leave or leave on a reduced
schedule is foreseeable, the employee may be temporarily
transferred to another position if the position has
equivalent pay and benefits and better accommodates the
recurring periods of leave..
e. Taking leave intermittently or on a reduced leave
schedule does not result in a reduction in the total amount
of FMLA leave to which the employee is entitled.
f. The Director of Human Resources may require that a
31.3 Leave Without Pay/Extended Leave Application
31.3.1 Purpose: The Leave Without Pay/Extended Leave Application form is designed
to provide a uniform method of personnel record keeping by the City. In addition
prior notification will aid supervisors in maintaining the necessary workforce
within their divisions.
31.3.2 Application: The Leave Without Pay/Extended Leave Application form is to be
used for:
a. Any unpaid leave requests of over 40 hours.
b. Any leave requests for over 40 hours which combine more than 40 hours
of unpaid leave with paid leave time (such as combining vacation with
over 40 hours of unpaid leave.)
C. Any Family & Medical Leave Act (FMLA) leave requests.
d. Any City of Eagan Child Care Leave (to care for newborn or newly
adopted children).
e. Any Medical Leave over or anticipated to be over three weeks if only paid
leave is used for the first three weeks.
31.3.3 Procedure: Any of the above absence requests must be recorded on a Leave
Without Pay/Extended Leave Application form. Forms are available from Human
Resources%
a. For Child Care Leave, this form should be filled out at least three months
prior to the anticipated commencement of the leave, sooner if possible.
For other leave, it should be filed out as far in advance as possible.
b. For all requests, an Absence Report must be filled out in addition to the
Leave Without Pay/Extended Leave Application form.
C. Absences covered by this section must be approved by the employee's
supervisor, his/her department head and the Director of Human Resources.
d. Any absences anticipated to be over 12 weeks must also be approved by
the City Administrator.
leave request be supported by a certification issued by the
employee's health care provider. The certification must
include a statement that the employee is unable to
perform the functions of the job.
16.4.7 Upon returning from FMLA leave, the employee will be
restored to the same or an equivalent position. However,
restoration to employment following FMLA leave may be
denied to salaried employees who are among the highest paid
10% of the employees at the City of Eagan if restoration would
cause the City "substantial and grievous economic injury."
16.4.8 The employee will not lose any benefits accrued before the
leave. However, the employee will not accrue benefits during
the unpaid portion of FMLA leave.
16.4.9 During the unpaid portion of the 12 week FMLA leave, the City
of Eagan will maintain group health insurance coverage under
the same conditions that apply to coverage for active
employees, i.e., it will pay the same portion of the premium
payments that it does for active employees who are eligible for
and enrolled in health insurance coverage.
16.4.9 If the employee does not return from FMLA leave, the City may
seek to recover health insurance premiums if the reason for the
failure to return was within the employee's control.
16.4.10 The employee is responsible for the full payment of premiums
for any life, AD&D and disability insurance for which the
employee is eligible and enrolled beginning the sixth work day
of the unpaid portion of FMLA leave.
Agenda Information Memo
January 6, 2004 Eagan City Council Meeting
C. RATIFY CHECK REGISTERS
ACTION TO BE CONSIDERED:
To ratify the check registers dated December 18, 2003 and December 25, 2003 as presented.
ATTACHMENTS:
• Check registers dated December 18, 2003 and December 25, 2003 are enclosed without
page number.
Agenda Information Memo
January 6, 2004 Eagan City Council Meeting
D. 2004 CONTRACT RENEWAL WITH DAKOTA COUNTY SENTENCE TO
SERVICE PROGRAM
ACTION TO BE CONSIDERED
Approve the renewal of a one year contract with Dakota County for the provision of
Sentence to Service work crews and authorize the Mayor and City Clerk to sign the
appropriate documents.
FACTS
• The County will provide a work crew consisting of up to 10 non-risk criminal
offenders and a supervisor for a minimum of 50 days.
• The County provides supervision, transportation and insurance for all members of
the crew and assumes all liability.
• The City will utilize the crews to complete tasks that require unskilled labor
including park, pond and bridge cleaning, landscape maintenance and outdoor
rink painting. Some projects could not be completed without the assistance of the
Sentence to Service crews.
• The City has successfully utilized the services of the Sentence to Service program
for approximately 13 years
• The estimated 2004 cost of $10,674 due the County for the service is included in
the approved Parks and Recreation Operational budget.
ATTACHMENTS
None
Agenda Information Memo
January 6, 2004 Eagan City Council Meeting
E. VULNERABILITY ASSESSMENT STUDY OF WATER UTILTIY SYSTEM
ACTION TO BE CONSIDERED: Authorize the firm of TKDA to prepare a
Vulnerability Study for the City's Water Supply, Storage and Distribution system.
REQUIRED VOTE FOR APPROVAL: Majority of Quorum
FACTS:
• The Homeland Security Act and the United States Environmental Protection Agency
requires all municipalities over 50,000 population to prepare a Water Utility
Vulnerability Assessment Study to evaluate their existing security, assess the
likelihood of undesirable acts, and recommend appropriate upgrades and
modifications to make the water system more secure.
• Staff is recommending that the firm of TKDA be authorized from the pool of pre-
approved consulting firms to perform this study for estimated amount of $13,800.
• Upon completion of the study, staff will evaluate the recommendations and program
the implementation of the most cost effective actions.
11-6
Agenda Information Memo
January 6, 2004
F. APPROVE RENEWAL OF SPORTS/CONVENTION FACILITY LICENSE
FOR BURNSVILLE DEVELOPMENT LTD., DBA HOLIDAY INN
BURNSVILLE, BEVERAGE PROVIDER FOR THE
EAGAN COMMUNITY CENTER
ACTION TO BE CONSIDERED:
To approve the renewal of the Sports/Convention Facility License for Burnsville
Development Ltd., dba Holiday Inn Burnsville, beverage provider for the Eagan
Community Center.
FACTS:
• Since May of 2003, the Holiday Inn Burnsville has been providing alcoholic
beverage service at the Eagan Community Center. The Holiday Inn Burnsville
holds an on-sale liquor and an on-sale Sunday license issued by the City of
Burnsville.
• Eagan City Code allows the Council to authorize any holder of an on-sale liquor
license issued by an adjacent municipality to sell liquor at any convention, banquet,
conference, meeting or social affair conducted on the premises of a sports or
convention facility owned by the city.
• The application form has been submitted and deemed in order by staff and has also
been reviewed by the Police Department.
~l
Agenda Information Memo
January 6, 2004
G. APPROVE 7-1-03 TO 6-30-04 GENERAL INSURANCE RENEWAL
ACTION TO BE CONSIDERED:
To approve the general insurance renewal for the period 7-1-03 to 6-30-04.
FACTS:
• The City has received information for the general insurance coverages. The renewal
proposed has been assembled through the efforts of Pat Meger of Arthur J. Gallagher
& Co., the City's insurance representative.
• General insurance coverages include buildings and contents, equipment, automobile,
general liability and numerous smaller areas of risk exposure.
• Official quotations were not solicited, but other markets have been reviewed through
the years. The general conclusion is that there are no providers who can match the
League of Minnesota Cities Insurance Trust (LMCIT) for both price and coverages.
Consequently, we have only one quote from the LMCIT to present to the City
Council for consideration.
• The insurance renewal is being presented to Council six months into the renewal
period due to factors beyond the City's control. The appropriate documents were
submitted to our agent in a timely fashion; however, once the application is turned
over to the League of Minnesota Insurance Trust, the underwriter's schedule and
workload affects the review of our renewal application. Due to a shortage in staff at
the LMCIT, the formal renewal is taking place at this late date. It should be noted
that the appropriate coverage was bound and has been maintained during the past six
months.
• A dividend check was recently issued to the City in the amount of $52,347. Member
cities receive dividends as a result of the LMCIT's conservative financial policies
which equate to unused funds not needed for losses, expenses, or reserves. Attached
is a memo providing background information on the dividend and a graph showing
the City's premium and dividend history.
Agenda Information Memo
January 6, 2004
• The comparative premium summary by coverage type is as follows:
Coverage 200212003 200312004 Amount Percent
LMCIT
Property $ 61,250 99,395 $ 38,145 62.3%
Municipal Liability 181,355 199,843 $ 18,488 10.2%
Auto Liability 31,694 38,709 $ 7,015 22.1%
Auto Physical Damage 19,093 25,019 $ 5,926 31.0%
Petrofund 977 977 $ - 0.0%
Open Meeting Law 3,248 3,302 $ 54 1.7%
Blanket Bond 1,585 1,729 $ 144 9.1%
Boiler & Machinery 9,676 10.643 $ 967 10.0%
308,878 379,617 70,739 22.9%
Other carrier.
AD&D Benefit (1) 2,449 2.449 - 0_0%
Total premiums $ 311,327 $ 382,066 $ 70,739 22.7%
(1}rhis coverage is for accidental death and dismemberment for the volunteer firefighters.
Breakdown of Premium Increases
The total renewal premium for all of the above referenced coverages is $70,739 higher
(22.7%) than last year.
The larger coverages are changing as follows:
Property
The insurable replacement values increased from $69,434,028 to $70,813,098. The
average rate on the property coverage increased from .08582 to. 12911. The Community
Center is no longer under Builders Risk Coverage, but rather insurance on a permanent
structure now applies to this location.
i
Agenda Information Memo
January 6, 2004
The Mobile Equipment coverage on equipment valued at greater than $25,000, increased
from $1,471,340 to $1,505,059 and the equipment valued at less than $25,000 increased
from $1,061,473 to $1,089,071.
Municipal Liability
The estimated operating expenditures used for the municipal general liability operating
expenditures are up 1.5% to $22,221,000. The municipal liability expenditures used for
the 2002/2003-coverage term was $21,893,900. The liability experience factor is up
from 1.024 to 1.2. The underwriter explained that the City does not have a loss
experience credit, due to six (6) land use liability and one (1) errors & omissions claim
being paid and/or reserved. The policy term of 1999/2000 had the biggest impact on the
loss factor, with one (1) land use liability claim involving EHW Properties in which the
settlement totaled $248,858 and one (1) E&O claims involving Michael Vincent in which
the settlement totaled $103,261. These will not be included in the rating for the 04/05
renewal; however, in reviewing the loss information for the policy term of 02/03, we will
be picking up one (1) land use liability claim ($83,534) and six (6) errors & omissions
claims ($49,202).
Auto Liability and Physical Damage
The renewal contains 206 vehicles, compared with 197 vehicles on last year's renewal.
The auto liability premium is influenced by the municipal liability loss experience.
ATTACHMENTS:
• Background memo on dividend information and the LMCIT 2004 premium rates on
pages y
,5:~ through.
• Graph depicting the City's premium and dividend history on page,
l
League of Minnesota Cities
Insurance Trust
L 145 University Avenue West, St Paul, MN 55103-2044
(651) 281-1200 • (800) 925-1122
Fax: (651) 281-1298 • TDD: (651) 281.1290
www.lmm org
December 15, 2003
To: Mayors and council members of LMCIT member cities
From: LMCIT Board of Trustees
Les Heitke, Mayor, Willmar Sherry Butcher, City Council, Eden Prairie
Joel Hanson, City Administrator, Little Canada Brenda Johnson, City Council, Chatfield
Todd Pralke, City Administrator, St. Peter Paul Sparks, City Manager, Albert Lea
Jim Miller, LMC Executive Director
Re: LMCIT 2003 dividend and 2004 rates
Dividends
The LMCIT property/casualty program is again returning $9 million to member cities as a
dividend this year. We'd like to congratulate you on what your city has accomplished by
cooperating through LMCIT and committing to reducing losses.
When LMCIT is able to return a dividend, it's primarily just a byproduct of two factors:
• LMCIT is a cooperative non-profit organization of cities, owned and controlled by the
member cities themselves. If LMCIT has funds that aren't needed for losses, expenses, or
reserves, the only place those funds can go is back to the member cities.
• LMCIT's financial policies are conservative. Premium rates are designed with a safety
margin, so they'd cover the losses and expenses even if the losses turned out to be greater
than projected. If losses turn out to be at or below projections, that safety margin isn't
needed and can be returned to the members.
This is the seventeenth LMCIT Dividends
straight year that the LMCIT
property/casualty program $166 million since 1987
has returned a dividend to its
members. LMCIT's $30,000,000
property/casualty and
workers compensation $20,000,000
programs together have
returned $166 million to $10,000,000
member cities since 1987. $0
'87 '88 '89 '90 '91 '92 '93 '94 '95 '96 '97 '98 '99 '00 '01 '02 '03
® Property/casualty ■ Work Comp
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
I
We've enclosed a chart showing your city's share of this year's LMCIT property/casualty
dividend, how that compares with your premiums, and what your city's past premiums and
dividends have been. Each city's share of the total dividend depends on the city's total premiums
and losses for all the years the city has been a member of LMCIT. The longer your city has been
a member and the more successful you've been in avoiding losses, the greater your city's
dividend.
LMCIT premiums for 2004
Property/Casualty Program
One of LMCIT's fundamental goals is to provide the coverage cities need at a stable and
predictable cost. That's not to say that costs will never increase. Costly reinsurance premiums
and an unusual string of large property losses mean that property rates for 2004 need to go up.
Fortunately, good loss experience has made it possible to reduce liability, rates for 2004,
offsetting the higher property rates. Overall property and liability premiums should stay about at
last year's levels. Individual cities may see some modest premium increases as a result of
changes in city property values or new exposures.
Workers Compensation
Rising medical costs are having a dramatic impact on LMCIT's work comp rates, which as a
result are increasing 12 percent on average for 2004. Every three years, we also make
adjustments to personnel classifications for work comp rating purposes. The result this year is
that some personnel classes may see rates increase by up to 30 percent. In most cases, these
increases should be offset by decreases to other personnel classes. Even though the work comp
coverage rate increases are higher than we'd like, that increase will be nothing like the 20%, 50%
or even greater increases that private insurance buyers are seeing.
At the end of the day, what the premium rates are and whether LMCIT can return a dividend
both depend, quite simply, on what the losses are. LMCIT's member cities have done an
outstanding job of controlling and avoiding losses. That takes both the support of the city's
elected officials and the efforts of your city staff. Your commitment to controlling losses pays
off for all of us - thank you and congratulations.
Questions
If you have any questions about your city's share of LMCIT dividends or our premium rates for
2004, please call Pete Tritz at 651-281-1265; Ann Gergen at 651-281-1291; or any of the
members of the LMCIT Board.
2
~6
League of Minnesota Cities Insurance Trust
Property/Casualty Program
EAGAN
Premium and Dividend History
$350,000
$300,000-
$250,000-
$200,000 $150,000
$100,000-
$50,000
$10 94 '95 96 '97 '98 99 '00 '01 02 b3
aprgmiumz $173,832 $787,858 $204,397 5795,953 $199,472 $189,290 $227,994 5264,393 $284,872 308380
■DWands $50,229 $48,945 569,344 $69,068 $60,510 $41,665 $28,620 546,518 $53,731 52347
EAGAN
Premiums and Dividends since 1987
$4,000,000
$3,500,000 $3!F,85'571
"
$3,000,000
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
t..
$0 $738,93
Premiums Dividends
Agenda Information Memo
January 6, 2004, Eagan City Council
H. SCHEDULE BOARD OF ADJUSTMENT AND APPEALS HEARING
ACTION TO BE CONSIDERED:
To schedule a Hearing on January 20, 2004 for Board of Adjustment and Appeals regarding a
request made by Todd Wagner to review Eagan City Council denial of a Variances for property
located at 1745 Sartell Avenue.
FACTS:
• The City Council adopted Findings of Fact and Conclusions denying Variances to
residential zoning bulk standards on December 1, 2003.
ATTACHMENTS: (1)
Letter from law clerk representing Mr. Wagner on page -W through
70
DUDLEY AND SMITH
A PROFESSIONAL ASSOCIATION
JOSEPH J. DUDLEY, JR. ATTORNEYS AND COUNSCLOR5 AT LAW ADDITIONAL OFFICES LOCATED IN
DAVID W. LAR50N" SUITE 2602 APPLE VALLEY
STEVEN C. OPHEIM- U_S. 9ANK CENTER
KATHERINE A. BROWN HOLMEN LAKE ELMO
JEFFREY H. OLSON 101 EAST FIFTH STREET MAPCEWOOD
JOHN C. LILLIE III ST. PAUL. MINNESOTA 55101-1896 SHOREVIEW
MARK K. THOMPSON WOODBURY
JUSTIN D. JOHN50N TELEPHONE 651-291-1717
FAX 651-223.5055 3537 LAKE ELMO AVENUE
-ALSO ADMITTED IN WISCONSIN LAKE ELMO, MN 55042
—CERTIFIED REAL ESTATE SPECIALIST E-MAIL: infoOdudieyandsmlth.com (6551) 773-1984
WEB SITE: WWW.cludloyandsmith.com
December 30, 2003
The Board of Adjustments and Appeals
3830 Pilot Knob Road
Eagan, MN 55122
Re: Todd Wagner Property
Appeal for Denial of Variance for 1745 Sartell Ave, Eagan, MN 55122
Our File No. 5802.0002
To the Mayor and City Council of Eagan sitting as the Board of Adjustments and
Appeals:
As you are well aware, Todd Wagner ("Mr. Wagner' applied for a city permit
to build a garage on his property located at 1745 Sartell Avenue in the City of Eagan.
Initially, his permit was granted, and Mr. Wagner invested approximately $20,000 in
labor and materials in a garage he contracted for, at an estimated cost of $47,000.
Work commenced on the garage shortly after the permit was granted, and Mr.
Wagner had his yard dug up and fence taken down to accommodate the new garage.
Before concrete was to be poured, Jeff Wheeler of the City of Eagan carne out to
approve the footings to be laid for the garage- After an inspection of the property by
Jeff Wheeler, the footings were, in fact, put in. Subsequently, Jeff Wheeler came out
a second time and approved the poured footings- After this approval, Mr. Wagner
ordered the trusses for his garage, and proceeded with the building of his garage. It
was during this time, while construction of the garage was well under way, that the
City issued a stop work order on the garage against Mr. Wagner's property, and
determined that Mr. Wagner was in need of a variance.
On Monday, December 1, 2003, the Eagan City Council adopted a finding of
fact, conclusions, and resolution that denied Mr- Wagner a variance for building a
garage on his property. On December 2, 2003, Mr. Wagner received a letter from the
City stating that, as a result of the December 1, 2003 action by the Eagan City
Council, his building permit, #61359 issued September 22, 2003, was revoked.
Mr. Wagner believes that the Eagan City Council's December 1, 2003
Findings of Fact, Conclusions and Resolution was in error, and that the subsequent
revocation of the building permit was also in error. Therefore, pursuant to the
Letter to the Eagan Board of Adjustments and Appeals
12/30/2003
Page 2 of 3
Eagan City Code, Mr. Wagner is requesting an appeal of the variance denial
within the 90 days after the alleged error. City Code Sec. 11.40, Subdivision 2
available at http://www.cityofeagan_com/live/page.asp?menu=1941. Mr. Wagner
is seeking to appeal the City's denial of the variance, and seeks an order from the
Board of Adjustments and Appeals which would reinstate his building permit,
#61359 issued September 22, 2003, and allow him to complete the garage as it
was originally approved by the City of Eagan. Id. Per the Eagan City Code, Mr.
Wagner is requesting a hearing 21 days from receipt of this application for appeal.
Id. As grounds for reconsideration, Mr. Wagner would have the Eagan Board of
Adjustments and Appeals find that the City of Eagan is estopped from enforcing its
zoning ordinances against Mr. Wagner's property as a matter of law.
Mr. Wagner believes the City of Eagan should reconsider denying the variance
because Mr. Wagner has strong grounds for appealing the denial as a matter of law.
In Cityof Eden Prarie v. Liepke. 403 N.W.2d 252, 256 (Minn.App.1987) the
Court found that a City could be estopped from enforcing its zoning ordinances as
a matter of law if the parry claiming equitable estoppel can show wrongful
conduct on the part of the government, that the expenditures made by the party
claiming estoppel are unique to the proposed project and would otherwise be
unusable, and that the equities favor the party claiming equitable estoppel.
In Liepke. Mr. Liepke went to the City to get a permit to build an industrial
garage on his premises, and the City granted the permit, id. at 253-254. As
construction commenced on Mr. Liepke's garage, the City inspected the
construction site on a number of occasions. Id. After the garage was
approximately 90% complete, and after Mr_ Liepke invested about $30,000 in the
garage, the City "red tagged" the project, thereby halting further construction. Id.
Ultimately, the Court determined that Mr. Liepke could assert equitable estoppel,
and that, as the prior court denied Mr. Liepke's request for an evidentiary hearing
on equitable estoppel, the case should be remanded to see whether there is
evidence to justify Mr. Liepke's assertion of equitable estoppel. Id. at 256.
It is undeniable that the facts in Liepke are very similar to the situation Mr.
Wagner now finds himself. Like Liepke, W. Wagner had the City's permission
to build a garage, Mr. Wagner invested large sums of money in building the
garage, Mr. Wagner has subsequently had a lien for approximately $20,000 put on
his home from the lumber yard materials ordered, and the City visited the site
numerous times during the construction of the garage before issuing a stop order.
Given the similarities between the two cases, it appears that the City should be
estopped from denying the variance on Mr. Wagners property. Therefore, the City
Council could choose to not adopt the denial of the variance this evening as a
matter of law, and instead, find that the variance should either be granted or not
enforced against Mr. Wagner, so that Mr. Wagner could pursue building on his
property.
50
Letter to the Eagan Board of Adjustments and Appeals
12/3012003
Page 3 of 3
In conclusion, Mr. Wagner appreciates your time in considering this serious
matter. As a citizen of Eagan for almost twenty years, Mr. Wagner believes you will
do what is right for both his property and the City in this matter. Thank you.
Sincerely,
DUDLEY ANDS TH P.A.
Anthony M, DeGuerre
Low Clerk to David W Larson
CC Tom Hcdgcs
Jon Hohermein
i
Agenda Information Memo
January 6, 2004 Eagan City Council Meeting
V. PUBLIC HEARINGS
A. VARIANCE - KAMRUD (4035 CAMBERWELL DRIVE NORTH)
ACTIONS TO BE CONSIDERED:
To approve (OR direct findings of fact for denial) a Variance of 3.8 feet from the required 10
foot side-yard setback for a principal structure for lot 25, Block 2, Hills of Stonebridge 3rd
Addition.
REQUIRED VOTE FOR APPROVAL
• Majority of Quorum
FACTS:
• The existing home on the subject property has an attached 3-stall garage setback 6.2 feet
from the side property line.
• The applicant is proposing to construct an addition to the home above the existing garage
space. The proposed addition would encroach 3.8 feet into the required 10-foot side yard
setback for the principal structure (living space).
• The applicant believes the angle of the pie shaped lot restricts an addition to the rear of
the home and, expanding the home in a different location would create a more obtrusive
addition that expanding existing space in the preferred location above the garage.
• The proposed structure will not increase the distance between the peak of the home and
the foundation and will not increase the foundation size of the existing home.
• There is a distance of approximately 28 feet between the subject structure and the closest
neighboring home.
60 DAY AGENCY ACTION DEADLINE
• February 10, 2004
ATTACHMENTS (1): ~~y
Planning staff report, pagesu too
S
1
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: December 26, 2003 CASE: 24-VA-23-12-03
APPLICANT: Julie Kamrud HEARING DATE: January 6, 2004
PROPERTY OWNER: Julie Kamrud APPLICATION DATE: December 12, 2003
REQUEST: Variance to 1.0' side yard setback PREPARED BY: Erik Slettedahl
LOCATION: 4035 Camberwell Drive N
COMPREHENSIVE PLAN: LD, Low Density (0-4 units/acre)
ZONING: R-1, Residential Single Family
SUMMARY OF REQUEST
The applicant is requesting a Variance of 3.8 feet from the required 10 foot side-yard living space
setback in the R-1 Zoning District for Lot 25, Block 2, Hills of Stonebridge 3rd Addition.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.50, Subdivision 3 states that the Council may approve, approve with
conditions or deny a request for a variance. In considering all requests for a variance, City Council shall
consider the following factors:
a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to
other properties in the same zone or vicinity, and result from lot size or shape, topography, or
other circumstances over which the owners of property have no control.
b. The literal interpretation of the provisions of this Code would deprive the applicant property use
commonly enjoyed by other properties in the same district under the provisions of this Code.
c. That special conditions or circumstances do not result from actions of the applicant.
d. That granting of the variance will not confer on the applicant any special privilege that is denied
by this Ordinance to owners of other lands, structures or buildings in the same district.
e. The variance requested is the minimum variance which would alleviate the hardship.
~3
Planning Report-Kamrud Variance
January 6, 2004
Page 2 of 3
f. The variance would not be materially detrimental to the purposes of this Code or to property in
the same zone.
CODE REQUIREMENTS
City Code Section 11.60, Subd. 5., E., requires a structure setback of 10 feet from the side property line
for the principal structure (covered living space).
BACKGROUNDMISTORY
The subject site was platted in December of 1990 as part of the Hills of Stonebridge 3rd Addition and
existing home was constructed in 1992.
EXISTING CONDITIONS
The existing structure is a 3-bedroom, 3.5 bath, two-story home with an attached 3-stall garage. The
subject lot is 17,300 square feet and is pie shaped, tapering toward the rear of the property. The footprint
of the principal structure and garage is approximately 1,900 square feet and is well below the lot
coverage maximum for this sized lot.
The attached garage is setback 6.2 feet from the southern side-yard property line at its nearest point. The
closest neighboring structure is approximately 28 feet from the existing garage.
EVALUATION OF REQUEST
The applicant is proposing an addition to the existing home that would add 3 bedrooms, a bathroom, and
a laundry room above the existing attached garage. The additional space is designed to use and expand
the existing space above the garage, as well as, an additional cantilever of 1.5 feet toward the back of the
structure.
Although the existing attached garage currently meets the five-foot side-yard setback requirement for
accessory structures, adding living space above garage would encroach 3.8 feet into the required 10-foot
side-yard setback requirement for the principal structure (living space).
The proposed addition will not increase the distance from peak of roof to foundation or lot coverage of
the existing structure and, it appears, will have minimal impact on the front exterior as viewed from the
street.
APPLICANT'S ESTIMATE OF HARDSHIP
Due to a pending marriage, the applicant is planning for additional space to accommodate the
combination of two families. The applicant believes the pie shaped lot limits any expansion to the rear
of the home as any expansion in this area would still be limited by lot line constraints. In addition, the
Planning Report-Kamrud Variance
January 6, 2004
Page 3 of 3
applicant believes that expanding the home in a different location would create a more obtrusive
addition that expanding existing space in the preferred location above the garage.
Also, the applicant has stated that the proposed addition will have little impact on the closest
neighboring home closest to the existing home because the large separation between structures will still
exist after construction.
SUMMARY/CONCLUSION
The applicant is requesting a Variance of 3.8 feet from the required 10-foot side-yard setback
requirement for a principal structure due to a proposed expansion above the existing garage. The
proposed addition will not increase the height or footprint of the existing structure or increase the
distance between existing structures at foundation.
ACTION TO BE CONSIDERED
To approve a Variance of 3.8 feet from the required 10 foot side-yard setback for a principal structure
for lot 25, Block 2, Hills of Stonebridge 3`d Addition.
1. If within one year after approval, the variance shall not have been completed or utilized, it shall
become null and void unless a petition for extension has been granted by the council. Such
extension shall be requested in writing at least 30 days before expiration and shall state facts
showing a good faith attempt to complete or utilize the use permitted in the variance.
Street Centerline
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DevelopmentlDeveloper: Julie Kamrud-4035 Camberwell Dr
Application: Variance
Case No.: Case No. 24-VA-23-12-03
p Prepared using ERSI AmView 3.1. Pareal base map date provided N
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Request for Variance
Lot 25, Block 2, Hills of Stonebridge 3rd Addition
This request is for a variance to add livable space 62 from the property line for the
residential property at 4035 Camberwell Drive. The reasoning for the request follows:
• A single family home exists on the property today. Currently Julie Kamrud and her
two sons live on this property.
• Bob Ruhland and Julie Kamrud will be getting married and living on this property full
time beginning June 2004. Due to the fact that both Bob and Julie are widows, they
have their combined 5 children full-time and need to create comfortable living space
for 7 people.
• In order to accommodate a family of 7 people, additional bedrooms and living space
need to be added to the existing home.
• Bob and Julie feel strongly about having all bedrooms on the same level of the home
for safety and security reasons.
• The proposal is to create additional living space on top of the existing garage
structure. In this space the plan is to add 3 additional bedrooms, a bathroom and a
laundry room. The plan is to cantilever 2 additional feet in the back of the 2nd story
addition to add extra square footage to the bedrooms.
• Due to zoning restrictions, a variance is required in order to make these home
modifications. Currently, the closest point of the property's garage to the lot line is
6.2'. Since the plan is to add livable space above the garage, the city requires at
least 10' from the property line.
• Since the home exists on a pie-shaped lot, it is not feasible to build off the back of
the house since the same issue of proximity to the lot line would remain. To build the
same size addition behind the garage would take the structure even closer to the lot
line. In addition, building off the back of the home would require a two or three story
addition versus a single level addition.
• The next door neighbor whose property is closest to the garage is in full support of
this project.
• Due to the placement of the next door neighbor's home on their lot, there is still a
space of approximately 28 feet between the two homes.
• Please see the attached photos that show the area for the proposed variance.
Please approve the variance for the proposed addition, including a 2-foot cantilever in
the back.
Thank you for your consideration,
Bob Ruhland Julie Kamrud
APPLICANT'S NARRATIVE
Agenda Information Memo
January 6, 2004 Eagan City Council Meeting
B. POPPLER HOMESTEADS NO.2 (LOT 2, BLOCK 1)
EASEMENT VACATION
ACTION TO BE CONSIDERED: 1) Approve the vacation of public drainage and
utility easements on Lots 2 and 3, Block 1, Poppler Homesteads No. 2 and authorize the
Mayor and City Clerk to execute all related documents subject to the receipt and
recording of required replacement easements, OR
2) Deny the requested vacation of the public easements.
REQUIRED VOTE FOR APPROVAL: Majority of Quorum
FACTS:
• On November 14, 2003, City staff received a letter from Michael and Leslie Tierney,
1577 Four Oaks Road, requesting the vacation of the existing side lot drainage and
utility easements on Lots 2 and 3, Block 1, Poppler Homesteads No. 2, southeast of
the intersection of Lone Oak Road and Pilot Knob Road.
• Lot 2 has an existing home that is currently occupied. Lot 3 is a vacant lot owned by
Mr. and Mrs. Tierney.
• The drainage and utility easements were originally dedicated as part of the Poppler
Homesteads No. 2 plat as typical side lot easements on the common lot line for Lots 2
and 3.
• The purpose of the request is to allow the realignment of the common lot line
between these two lots. The realignment of the lot line allows Lot 3 to become more
buildable. On October 6, 2003 the City Council approved a waiver of platting to
accommodate this lot line shift. With that approval, certain conditions were applied
that requires the vacation and replacement of the common lot line drainage and utility
easements.
• The vacation of the drainage and utility easements would allow the realignment of the
common lot line. New side lot drainage and utility easements must be dedicated as
part of the revision of Lots 2 and 3. On Dec. 31, the City received the required
replacement easement documents.
• All notices have been published in the legal newspaper and sent to all potentially
affected private utility owners and/or interested parties informing them of this public
hearing. No objections have been received to date.
• The vacation request has been reviewed by the Engineering Division and found to be
in order for favorable Council action.
ATTACHMENTS:
• Legal Description Graphic and location map, pageAm~- and
• Petitioner's Letter, page ` a
6l
Description of easements to i)e vac:,dLCU.
4~ r\n That drainage and utility easement dedicated via the plat of POPPLER
LKJ HOMESTEADS No. 2, Dakota County, Minnesota, lying 5.00 feet south
of the north line Lot 3, Block 1, of said POPPLER HOMESTEAD No. 2,
I excepting therefrom the west 10.00 feet thereof and the east 10.00 feet thereof.
also,
That drainage and utility easement dedicated via the plat of POPPLER
HOMESTEADS No. 2, Dakota County, Minnesota, lying 5.00 feet nouth
I of the south line Lot 2, Block 1, of said POPPLER HOMESTEAD No. 2,
excepting therefrom the west 10.00 feet thereof and the east 10.00 feet thereof.
I
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I Lot 2 I
Revised Property Line I
Proposed Drainage & I
Utility Easement
10,
10,
10, Existing Drainage & Utility
A° to be vacated
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Lot 3 6140
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Lot 2, Blk. 1, Poppler Homesteads No. 2 11/14/03
Proposed Easement Vacation
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Agenda Information Memo
January 6, 2004, Eagan City Council Meeting
OLD BUSINESS
A. CONDITIONAL USE PERMIT AND VARIANCE - REALTY DESIGNS INC.
ACTIONS TO BE CONSIDERED:
To approve (OR direct findings of fact for denial) a Conditional Use Permit for a pylon sign,
located at 3902-3938 Cedar Grove Parkway; subject to the conditions in the APC minutes.
To approve (OR direct findings of fact for denial) a Variance of ten feet to the sign setback
requirement, for property located at 3902-3938 Cedar Grove Parkway; subject to the conditions
in the APC minutes.
REQUIRED VOTE FOR APPROVAL
➢ Majority of Quorum
FACTS:
➢ Applicant's original proposal called for a 20 foot tall, 96 SF pylon sign, 12 SF for the
name of the center and 84 SF of individual panels for tenant identification, to replace
an existing ground sign located in the public r-o-w.
➢ This item was considered at the City Council's meetings of December 1 and 18, 2003.
The Council imposed the City's 60 day extension at the December 1St meeting to
allow staff to gather information relative to the impact to the parking lot and existing
trees by the future addition of a trail along the south side of Cedar Grove Parkway at
this location.
➢ Engineering staff reviewed the trail plans and have determined that virtually all of the
trees shown in the photos are located in the City's r-o-w and will be lost with the
construction of the trail and/or retaining wall.
➢ In addition, Engineering staff suggested four additional conditions of approval: 1.
Property owner grant easements for the construction of the trail and any associated
work; 2. Property owner receives no compensation for the removal of any trees within
the right-of-way; 3. Property owner consents to driveway and parking lot impacts as
detailed in plans, City to incur costs of associated improvements; and 4. Approved
sign installation only occurs with coordinated construction of trail improvements.
➢ Planning staff met with the applicant the week of December 29th to review Council
discussion and options.
❑ The applicant is not agreeable to monumentation at the driveway entrances
due to the expense of running electrical service approximately 350'.
6~S"
❑ The applicant believes the setback Variance is still necessary, due to
topography.
❑ The applicant believes meeting the CGD sign standards (12' height, 45 SF
copy/side) is not doable because visibility will be impeded due to existing
topography and the installation of the retaining wall.
❑ The applicant is willing to reduce the sign height to 18' and the copy area
to 80 SF/side.
➢ The applicant is agreeable to working with the City on coordinating the sign
installation with the trail installation but remains concerned with impacts to the
parking lot associated with said improvements.
➢ The APC added a condition limiting the number of tenant panels to six (6) and the
applicant proposed eight (8) panels to the Council on December 1. The number of
tenant panels suggested does not affect the proposed sign size (96 SF).
➢ The applicant proposes a zero lot line setback from Cedar Grove Parkway. Proposed
location requires a Variance and a vacation of a public easement.
➢ This item was heard as a public hearing before the Advisory Planning Commission on
November 26, 2003, the APC recommended approval with an added condition
(number 8).
ISSUES:
➢ Staff has raised concerns with the proposed sign design relative to safety for the
traveling public and it's compatibility with the surrounding area.
➢ Staff has suggested that in light of the applicant's need for a variance and easement
vacation, application of the CGD sign standards should be considered by the APC
and City Council.
60 DAY STATUS:
➢ February 20, 2004 (reflects 60-day City extension)
ATTACHMENTS (2):
Advisory Planning Commission Minutes age(s) !~'►-~j
9
r7A
Planning Staff Report pages through
L~
City of Eagan
Advisory Planning Commission Meeting Minutes
Ift
;
November 25, 2003
a It
Page 3 h-~ F T
B. CONDITIONAL USE PERMIT & VARIANCE - CEDARVALE BUSINESS CENTER
A Conditional Use Permit for a pylon sign and a Variance to the setback, located
at 3902-3938 Cedar Grove Parkway in the NE % of Section 19.
City Planner Ridley introduced this item and highlighted the information presented in the
City Staff report dated November 14, 2003. He noted the background and history.
Richard Fitzgerald, Property Manager explained that a new sign is needed. He stated
the tenant's names could be larger, however all tenant names need to be listed. He
explained the proposed location and explained that the sign is needed because of the
slope and trees in front of the building.
Chair Heyl opened the public hearing.
There being no public comment, Chair Heyl closed the public hearing and turned the
discussion back to the Commission.
Chair Heyl asked how long the sign has been in the current location.
Mr. Fitzgerald stated he is not sure how long the sign has been there, but he believes it is
the original sign. He explained that the new sign would not be in the right-of-way and
flower beds would be added to the landscaping around the new sign and in place of the
existing sign.
Chair Hey] stated the proposed sign location is merited. She questioned why the tenant
names are currently covered by the "for lease" sign. She also questioned the ability to read
the proposed sign from the roadway.
Member Hansen stated a lack of necessity for all tenant names to be on the sign. He
stated concern that the traffic would possibly stop to read all the names.
Member Gladhill agreed that a new sign is needed, however he stated the sign design is
not appropriate or consistent with the area.
Member Leeder agreed with Member Gladhill and suggested that the number of tenant
names on the sign be limited.
Member Steininger stated he is not concerned with the consistency of the sign with the
Cedar Grove area. He stated he is not convinced there is a hardship to warrant a
Variance.
Member Bendt stated he does not feel that the property owner should be penalized for a
decision that was made with development in the 1970's.
Chair Heyl stated a variance is justified at the proposed location.
Member Steininger stated he would vote against the application because of the Variance.
City of Eagan
Advisory Planning Commission Meeting Minutes
November 25, 2003 -~6 T
Page 4
Member Steininger moved, Member Bendt seconded a motion to recommend approval
of a Conditional Use Permit for a pylon sign and a Variance to the setback, located at
3902-3938 Cedar Grove Parkway in the NE % of Section 19 subject to the conditions
listed in the Staff Report.
Member Gladhill stated this proposal would not be approved if it were a new development.
He also stated that the proposed should not be approved under Community Shopping
Center standards.
Chair Heyl suggested an additional condition, limiting the number of tenant names on the
sign, changing the sign design.
Member Gladhill and Member Steininger recommended that the applicant resubmit the
proposal when their concerns are addressed and City Staff has had a chance to review it
again.
Member Bendt stated the City has a responsibility to support the businesses in Eagan. He
explained that the City collects taxes from the businesses; therefore they should allow
them to have signs to draw business.
Member Leeder agreed with Member Bendt.
Member Steininger amended his motion to include an additional condition number 8.
Member Bendt agreed with the amended motion.
Member Steininger moved, Member Bendt seconded a motion to recommend approval
of a Conditional Use Permit for a pylon sign and a Variance to the setback, located at
3902-3938 Cedar Grove Parkway in the NE % of Section 19 subject to the following
conditions as amended:
1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's
Office within 90 days of approval.
2. A sign permit shall be obtained from the City prior to installation of the pylon sign.
3. The applicant must petition the City to vacate the drainage and utility easement
4. The drainage and utility easement vacation must be approved prior to issuance of
the CUP, and if such vacation is denied, the sign shall be located outside of the
drainage and utility easement area.
5. The existing free-standing sign shall be removed prior to installation of the pylon
sign.
6. The pylon sign shall be located as shown on the site plan received by the City on
October 15, 2003.
City of Eagan
Advisory Planning Commission Meeting Minutes
November 25, 2003
Page 5
7. A curbed landscaped island shall be provided around the pylon sign within the
parking lot. A landscape plan shall be submitted with the sign permit application
for staff review and approval and shall be implemented with the installation of the
sign.
8. A maximum of six tenants shall be listed on sign.
A vote was taken.
Aye: Chair Heyl, Steininger, Bendt, and Leeder.
Nay: Gladhill and Hansen
Motion carried 4-2.
6
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: November 14, 2003 CASE: 19-CU-16-10-03
19-VA-18-10-03
APPLICANT: Realty Designs, Inc. HEARING DATE: November 25, 2003
PROPERTY OWNER: Cedarvale Business Ctr. APPLICATION DATE: October 15, 2003
REQUEST: Conditional Use Permit & Variance PREPARED BY: Planning staff
LOCATION: 3902-3938 Cedar Grove Parkway
COMPREHENSIVE PLAN: SA, Special Area
ZONING: CSC, Community Shopping Center
SUMMARY OF REQUEST
Realty Designs, Inc. is requesting approval of a Conditional Use Permit to erect a pylon sign,
and a Variance of ten feet to the minimum required ten-foot setback for a pylon sign, at the
Cedarvale Business Center located at 3902-3938 Cedar Grove Parkway in the NE 1/0 of Section
19.
AUTHORITY FOR REVIEW
Conditional Use Permit:
City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following.
Subdivision 4C, Evaluation Criteria, states that the Advisory Planning Commission shall
recommend a conditional use permit and the Council shall issue such conditional use permit only
if it finds that such use at the proposed location:
A. Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the City.
B. Will be harmonious with the general and applicable specific objectives of the Comprehensive
Plan and City Code provisions.
D
Planning Report - Cedarvale Business Center
November 25, 2003
Page I-
C. Will be designed, constructed, operated and maintained so as to be compatible in appearance
with the existing or intended character of the general vicinity and will not change the
essential character of that area, nor substantially diminish or impair property values within
the neighborhood.
D. Will be served adequately by essential public facilities and services, including streets, police
and fire protection, drainage structures, refuse disposal, water and sewer systems and schools.
E. Will not involve uses, activities, processes, materials, equipment and conditions of operation
that will be hazardous or detrimental to any persons, property or the general welfare because
of excessive production of traffic, noise, smoke, fumes, glare or odors.
F. Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets.
G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the
Advisory Planning Commission and the Council may attach whatever reasonable conditions they
deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the
value of other property within the district, and to achieve the goals and objectives of the
Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require
such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in
connection therewith are being and will be complied with.
Variance:
City Code Chapter 11, Section 11.50, Subdivision 3 states that the Council may approve, approve
with conditions or deny a request for a variance. In considering all requests for a variance, City
Council shall consider the following factors:
a. Exceptional or extraordinary circumstances apply to the property which' do not apply
generally to other properties in the same zone or vicinity, and result from lot size or
shape, topography, or other circumstances over which the owners of property have no
control.
b. The literal interpretation of the provisions of this Code would deprive the applicant
property use commonly enjoyed by other properties in the same district under the
provisions of this Code.
c. That special conditions or circumstances do not result from actions of the applicant.
"7/
i
Planning Report - Cedarvale Business Center
November 25, 2003
Page 3
d. That granting of the variance will not confer on the applicant any special privilege that is
denied by this Ordinance to owners of other lands, structures or buildings in the same
district.
e. The variance requested is the minimum variance which would alleviate the hardship.
The variance would not be materially detrimental to the purposes of this Code or to property in
the same zone.
BACKGROUNDMISTORY
This mixed-use development was approved by the Eagan Town Board in 1973. The buildings
consist of commercial uses on the ground level, and apartments above. The commercial and
residential portions of the buildings are in separate ownership. The parking lot in front of the
building along Cedar Grove Parkway is owned by Cedarvale Business Center, while the parking
area to the rear is owned by Cedarvale Highlands Apartments.
In 1998, the City initiated the Cedarvale Area Redevelopment Study to evaluate the area's
potential to create a viable mixed use area that would utilize the area's innate advantages
(highway visibility and accessibility) while maintaining compatible land use relationships with
surrounding uses. Following the Study in October 2001, the City formally created the Cedar
Grove Redevelopment Tax Increment Financing (TIF) District which was certified by Dakota
County in December of 2002.
The City approved a public improvement project in 2001 to realign the Silver Bell Road
intersection with Beau d'Rue Drive (now Cedar Grove Parkway) and Hwy. 13 and the
construction was completed in the summer of 2003. Also in 2003, the City established the CGD,
Cedar Grove District, zoning district and rezoned many of the properties in the area to CGD.
The Cedarvale Business Center is not part of the Cedar Grove Redevelopment District, nor was it
rezoned to CGD.
EXISTING CONDITIONS
The site is developed with a mixed use, commercial below and residential above, development.
There is currently a ground sign located off-site, in the public right-of-way, in the center of the
site adjacent to Cedar Grove Parkway and parallel to the street. The site slopes down from the
parking lot to the street, with a grade difference of several feet. The property line is slightly
curved, while the curb line of the parking lot is not. The ends of the parking lot provide
approximately ten feet of setback from the curb to the property line, while there is zero setback at
the center of the parking lot. Because of the existing lesser parking setbacks along Cedar Grove
Parkway, the drainage and utility easements that run parallel to the property line extend into the
parking lot.
Planning Report - Cedarvale Business Center
November 25, 2003
Page q
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
Existing Use Zoning Land Use Designation
North Commercial (offices & CGD, Cedar Grove SA, Special Area
Cedarvale mall District
South Residential Apartments R-4, Apartments HD, Hi Density
East Liquor Store CGD, Cedar Grove SA, Special Area
District
West Residential townhomes PD, Planned SA, Special Area
and condominiums Development)
Tanned
EVALUATION OF REQUEST
Compatibility with Surrounding Area - The Cedarvale Business Center is not part of the Cedar
Grove TIF district, nor was it rezoned to CGD. The property retains the CSC, Community
Shopping Center zoning. However, it is an integral part of the Cedar Grove area and while the
property is not subject to the CGD zoning standards, continuity with development/redevelopment
of other nearby properties that are within the CGD and T1F district is desired.
Sign Code Requirements - The Sign Code defines pylon sign as "a business sign erected on
freestanding shafts, posts or walls which are solidly affixed to the ground, and which projects
more than seven feet above ground level. Pylon signs, when authorized, are considered a
conditional use, as defined in the zoning chapter and are subject to all conditions, regulations and
fees required for conditional uses."
Performance Standards - The performance standards for pylon signs in the City's Sign Code are
as follows:
• No pylon sign may be located within 300 feet of any other pylon sign, measured on the same
side of the street.
• No pylon signs shall project more than 27 feet above the lot level, roadway level, or a
specified point between the two levels as determined by the council. The level used shall be
based upon visibility factors from the adjacent roadway(s).
• No pylon sign shall exceed 125 square feet in area per side.
Within the CGD district, freestanding signs are not to exceed 12 feet in height, and the sign must
be located within a landscaped area or landscaped island. The sign must have a base constructed
of the same materials and colors as the principal building, with a minimum height of three feet
and a total sign are not to exceed 45 square feet per side.
Proposed Sign - The applicant is proposing to remove the existing monument sign and place a
pylon sign near the same location, but perpendicular to the street and property line. The existing
monument sign is nonconforming and is located within the public right-of-way. The pylon sign
93
Planning Report - Cedarvale Business Center
November 25, 2003
Page
would be located within the applicant's property, but would not satisfy the minimum 10-foot
setback, therefore a setback Variance is also requested. The pylon sign would result in a net
reduction of one parking stall. There are no other pylon signs within 300 feet on the same side of
the street. The proposed pylon sign would also be located within the existing public drainage and
utility easement. The applicant will need to complete a petition to vacate the easement so that a
public hearing on the easement vacation can be scheduled, and the vacation would need to be
approved prior to construction of the sign.
Evaluation of Proposal - Staff has considerable concerns with this request. The proposed sign
meets the Sign Ordinance performance standards in terms of size and height; however, the
proposed location requires a setback variance and vacation of a public easement.
Conditional Use Permit Evaluation Criteria
The proposal does not appear to meet letters A and C of the Conditional Use Permit Evaluation
Criteria which are reiterated below:
A. Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the City.
The proposed sign provides a fourteen 9" panels for each of the tenants. Staff s concern
is that this limited amount of space will not be easily discernible for motorists traveling
along Cedar Grove Parkway. The strong likelihood is that motorists will be forced to
slow down or even stop in the street in order to make their way through the laundry list of
tenants to find the business they are seeking.
C. Will be designed, constructed, operated and maintained so as to be compatible in
appearance with the existing or intended character of the general vicinity and will not change
the essential character of that area, nor substantially diminish or impair property values
within the neighborhood
Staff does not believe the proposed sign will be compatible with the intended character of
the general vicinity. Although the subject site is not zoned CGD, it is suggested here that
the proposed sign should be consistent with the CGD design standards due to the
proximity of the Cedar-vale Business Center with the City's redevelopment area.
As evaluated against the CGD freestanding sign provisions, the proposed sign has a seven foot
high base, a total height of 20 feet, and an area of 96 square feet per side. The materials are
proposed to match the building - the applicant's narrative, and the sign plans show, that "the sign
will be painted brown to match the building, the brick will also match and the top of the sign is
designed to look like the signs that we have over the businesses." With the exception of
matching the principal building materials, the proposed sign is not consistent with the parameters
in the CGD district for free-standing signage in terms of the base height, the total height and the
sign area.
Planning Report - Cedarvale Business Center
November 25, 2003
Page (y
Also, the proposed sign providing multiple tenant identifying panels will appear "cluttered" in
addition to not being easily readable to passing drivers, as mentioned previously.
Staff suggested that the applicant consider a sign design maximizing only the shopping center
name. Under this scenario, the sign would be more readable and the tenants and landlord can
identify the building as a destination rather than having customers try to distinguish one of many
tenant names on one sign. Staff has discussed this concern and possible solution with the
applicant and the applicant disagrees.
Landscaping - The applicant's narrative indicates that two existing trees will be removed on
either side of the proposed sign. The applicant notes that the trees are dying. The bed where the
existing monument sign is located will be landscaped with flowers, and low-lying shrubs would
be added bordering the parking lot. A curbed landscaped island should be installed around the
base of the sign to protect both the, sign and vehicles in the parking lot.
Applicant's Narrative - The applicant submitted several photos with narratives attached
explaining the placement of the sign and the variance request. The proposed location "is the best
for visibility and requires the least amount of modification of the trees on the property
Recently, the City's improved the street in front of the property and in so doing, a directional sign
for the license bureau was removed. "The license bureau relies upon signage to direct people to
their location" and the applicant states that a number of other tenants have also inquired about
signage for their businesses. Additionally, the applicant believes that "this sign and its location
will go very well with the look that the city is looking for redevelopment of the Cedar Grove
area."
SUMMARY/CONCLUSION
Realty Designs, Inc. is requesting approval of a Conditional Use Permit to erect a pylon sign,
and a Variance of ten feet to the minimum required ten-foot setback for a pylon sign, at the
Cedarvale Business Center located at 3902-3938 Cedar Grove Parkway.
The proposed sign satisfies Sign Code standards for height, size, and distance from other pylon
signs. However, a setback Variance is requested, and the proposed location places the sign
within an easement, which will need to be vacated before the sign can be constructed.
Staff has raised concerns relative to the Conditional Use Permit Evaluation Criteria, the proposed
sign design deviation from the CGD design standards, and safety issues associated with the
"readability" of the proposed sign and the number and size of tenant identification panels
provided.
The proposed pylon sign exceeds the size and height limitations established for free-standing
signs in the CGD district. While the property is not subject to the CGD zoning standards,
continuity with development/redevelopment of other nearby properties that are within the CGD
and TIF district is desired.
i
Planning Report - Cedarvale Business Center
November 25, 2003
Page 7
The suitability of the proposed sign and it's consistency with the Conditional Use Permit
Evaluation Criteria is a policy decision for the Advisory Planning Commission and the City
Council.
ACTION TO BE CONSIDERED
To recommend approval of a Conditional Use Permit, with a Variance of ten feet to the
minimum required ten-foot setback, to erect a pylon sign at the Cedarvale Business Center
located at 3902-3938 Cedar Grove Parkway in the NE'/< of Section 19. If approved, the
following conditions shall apply:
1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office
within 90 days of approval.
2. A sign permit shall be obtained from the City prior to installation of the pylon sign.
3. The applicant must petition the City to vacate the drainage and utility easement.
4. The drainage and utility easement vacation must be approved prior to issuance of the
CUP, and if such vacation is denied, the sign shall be located outside of the drainage
and utility easement area.
5. The existing free-standing sign shall be removed prior to installation of the pylon
sign.
6. The pylon sign shall be located as shown on the site plan received by the City on
October 15, 2003.
7. A curbed, landscaped island shall be provided around the pylon sign within the
parking lot. A landscape plan shall be submitted with the sign permit application for
staff review and approval and shall be implemented with the installation of the sign.
CONDITIONAL USE PERMIT REQUEST
Cedarvale Business Center
3902 -3938 Cedar Grove Parkway
We are applying fora conditional use permit for the installation of a pylon sign. We
would like to replace the monument sign on our property with a lighted pylon sign.
We are proposing to install the sign in the center of the parking lot in the east to west
direction and along the curb line toward the north of the parking lot. This will only take
one of our parking spaces. We are asking to put the sign at the curb line because this
location is the best for visibility and requires the least amount of modification of the trees
on the property, and we already have power to this location to the existing sign. This does
however put the sign very close to the property line and inside a drainage and utility
easement. The City of Eagan has told me that they do not have any utilities within this
easement; I hope that a search will show that there are no private utilities in this easement
either. I do not believe that the location will interfere with any future location of
easement; since the easement is covered by our parking lot.
The current use of the property is a community shopping center with apartments above,
and the surrounding property is mostly commercial and apartments. The area around us is
slated for redevelopment and I believe there will be a similar mixture of property usages
there as well.
Our complex holds a number of businesses including a license bureau. Recently the city
of Eagan has undertaken the redevelopment of this area. At some point during this
process the sign that the license bureau had on what is now Cedar Grove Parkway
(formerly Beau D' Rue Drive) for many years was removed at the request of the city. The
license bureau relies upon signage to direct people to their location. A number of our
other tenants have also inquired about a signage for businesses as well.
We would like to install the sign in the spring of 2004. We will first remove the existing
sign and the two trees that are dying, one on either side of the existing sign. We will then
install the new pylon sign and later in the spring add a flower bed in the rock bed where
the existing monument sign is, and add low lying shrubs bordering the parking lot. The
sign will be painted brown to match the building, the brick will also match and the top of
the sign is designed to look like the signs that we have over the businesses.
I feel this sign and its location will go very well with the look that the city is looking for
with the redevelopment of the Cedar Grove area
/77
I
VARIANCE REQUEST
Cedarvale Business Center
3902 -3938 Cedar Grove Parkway
We are applying for a variance for the installation of a pylon sign. We would like to
replace the monument sign on our property with a lighted pylon sign.
Our complex holds a number of businesses including a license bureau. Recently the city
of Eagan has undertaken the redevelopment of this area. At some point during this
process the sign that the license bureau had on what is now Cedar Grove Parkway
(formerly Beau D' Rue Drive) for many years was removed at the request of the city. The
license bureau relies upon signage to direct people to their location. A number of our
other tenants have also inquired about a signage for businesses as well
We are proposing to install the sign in the center of the parking lot in the east to west
direction and along the curb line toward the, north of the parking lot. This will only take
one of our parking spaces. We are asking to put the sign at the curb line because this
location is the best for visibility and requires the least amount of modification of the trees
on the property, and we already have power to this location to the existing sign. This does
however put the sign very close to the property line and inside a drainage and utility
easement. The City of Eagan has told me that they do not have any utilities within this
easement; I hope that a search will show that there are no private utilities in this easement
either. I do not believe that the location will interfere with any future location of
easement; since the easement is covered by our parking lot.
The current use of the property is a community shopping center with apartments above,
and the surrounding property is mostly commercial and apartments. The area around us is
slated for redevelopment and I believe there will be a similar mixture of property usages
there as well.
We would like to install the sign in the spring of 2004. We will first remove the existing
sign and the two trees that are dying, one on either side of the existing sign. We will then
install the new pylon sign and later in the spring add a flower bed in the rock bed where
the existing monument sign is, and add low lying shrubs bordering the parking lot.
FINANCIAL OBLIGATION-I9-CU-16-10-03, Part of Lot 1, Blockl, Stryker
Addition, 3902-3938 Cedar Grove Parkway
There are pay-off balances of special assessments totaling $117 on the parcel proposed
for the conditional use.
At this time, there are pending assessments in the amount of $20,412 on the property for
which the conditional use permit is requested. This pending assessment is related to
Project 759R the reconstruction of Cedar Grove Parkway. The City staff recommends
that approval of the conditional use permit be conditioned on the acceptance of the
assessment of for Project 759R .
Based upon the study of the financial obligations collected in the past and the uses
proposed for the property, the following charges are proposed. The charges are
computed using the City's existing fee schedule and for the connection and availability of
the City's utility system. The charges will be computed using the rates in effect at time of
connection or conditional use.
IMPROVEMENT USE RATE QUANTITY AMOUNT
None
Total
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Picture of the entrance on the west end of the parking lot.
This picture shows how the sign if located in the island on the far west of the parking lot would not be
seen by vehicles approaching from the west. This also shows the two trees that are dying and that would
be removed to accommodate the new sign. It is easy to see how the central location of the sign would
have more visible from this direction. If the sign were located on the island at the east end of the lot that
it would not be seen by traffic approaching from this direction until it was to late to make a turn into the
driveway.
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Picture of west entrance and island.
lot; one of the location that would allow
This picture shows the island on the western end of the parking ~y cement. This location will not
us to install the sign without encroaching on the drainage brief
work because traffic coming from the west would not be able to see the sign except for maybe a
second as they passed it or in their rear view mirror after they have passed it.
This picture also shows the approximate location of the License Bureau's sign that they were forces to
remove the sign was located between the stop sign and the light pole on the left-hand side of the picture.
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Picture of the center of the parking lot.
This picture shows the location of the monument sign that we want to replace with a pylon sign. The
picture also shows the two dying trees (the dying trees are the two that have the yellow and orange
leaves, it is hard to see but there are many branches that have no leaves and these branches have been
increasing in number) that we will be removing along with the existing sign when we install the new sign.
As you can see from this picture and the others, the visibility at this location it the best from both
directions, and we are asking that the sign be located at the curb line which puts the sign inside the
draie and utility easement. I have checked with the City of Eagan and they do not have any utilities
within this easement and I do not foresee any future utilities being located in this area since it is currently
covered by our parking lot.
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Picture of existing monument sisn.
This picture of the existing sign shows how much a new sign is needed. The current sign is not very
pleasing to the eye; but the location is good. We are proposing that we locate the new pylon sign directly
to place the sign near the curb line. This locates the sign inside the
behind the existing sign, and are asking
utility and drainage easement but it keep the sign inside our parking lot, we only loose one parking space,
and if it is kept close to the curb we can min;m;7e the impact on our parking lot and it's traffic flow as
well as maximize the visibility of the sign.
In addition to the removal of the existing sign and installation of the new one we will be adding some Well landscaping to the site. I feel the using the existing rock bbedfor tththe
look of the fl t rras well as keep
adding some well spaced shrubs along the curl line enhance the sign line of the sign open.
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Picture 'of the east entrance to the parkins tot.
This picture shows the entrance at the east end of the parking lot. As you can see from this picture a
driver coming from the west would be past the second driveway before they could see the full sign if it
were to be located in the island at this end of the parking lot. You can also see the proposed location of
the Pylon sign, the dying trees and the existing monument sign. This picture also- shows that the new
location of the sign needs to be near the curb line of the parking lot. With the removal of the two trees
the sight line is very good and only one branch of the large shade trees will need to be trimmed to allow
for even better visibility. If the sign has to be pushed back ten feet from the edge of the parking lot to
accommodate the set back requirements and to stay outside of the drainage and utility easement then the
visibility would not be good from either direction.
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Picture of the east end of the parking tot.
This picture is taken from the corner opposite our budding at the intersection of Cedar Grove Parkway
and Rahn Road, you can see the island on the east end of the parking lot, the existing sign, the dying trees
and the proposed location of the new sign. As you can see locating the sign in the island at this end of the
parking lot creates a couple of problems with visibility. The first problem it that the bottom portion of
the sign will be hidden by the tree on the near side of the driveway. The second problem is that the large
trees along Cedar Grove Parkway hide the sign from the view of any vehicles approaching from the west.
If however the sign is placed in the center of the parking lot and at the edge of the parking lot the
visibility is very good. You can also see that if the sign were located in the island on the other end of the
parking lot the sign would not be seen until it was to late to make the turn in.
Agenda Information Memo
January 6, 2004, Eagan City Council Meeting
VII. NEW BUSINESS
A. PLANNED DEVELOPMENT AMENDMENT - HONEY TREE 1ST ADDITION
ACTIONS TO BE CONSIDERED:
To approve (OR to deny) a Planned Development Amendment to allow the trail on the east
side of the building be removed and sod installed in its place, at property located at 4450-4490
Erin Drive, Lot 1, Block 1, Honey Tree 1St Addition; subject to the conditions in the Advisory
Planning Commission minutes.
REQUIRED VOTE FOR APPROVAL
• Majority of Quorum
FACTS:
• The site is currently under construction of 5 one story offices.
• In October 2003, the City Council Amended the Days Inn Landscape plan to allow
the trail to be removed on the adjacent lot to the south; therefore, the trail doesn't lead
to anything.
• The Advisory Planning Commission held a public hearing on December 18, 2003,
and is recommending approval subject to the conditions in the APC minutes.
60 DAY AGENCY ACTION DEADLINE
• January 18, 2004
ATTACHMENTS (2): bn
Advisory Planning Commission Minutes a e(s) L
Planning Staff Report pages through97
~'9
MINUTES OF A REGULAR MEETING OF THE
EAGAN ADVISORY PLANNING COMMISSION
EAGAN, MINNESOTA
December 18, 2003
A regular meeting of the Eagan Advisory Planning Commission was held on Thursday,
December 18, 2003 at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Carla Heyl,
Vice Chair Duey Bendt, Secretary Ted Gladhill and Members Gary Hansen and Paul Leeder.
Also present were Community Development Director, Jon Hohenstein; Senior Planner, Mike
Ridley; Planner, Sheila Cartney; Assistant City Engineer, John Gorder and City Attorney,
Robert B. Bauer.
AGENDA
Member Bendt moved, Member Hanson seconded a motion to adopt the Agenda.
All voted in favor. Motion carried 5-0.
NOVEMBER 25, 2003 ADVISORY PLANNING COMMISSION MEETING MINUTES
Member Gladhill moved, Member Leeder seconded a motion to approve the November
25, 2003 Advisory Planning Commission meeting minutes.
All voted in favor. Motion carried 5-0.
1. PUBLIC HEARINGS
A. PLANNED DEVELOPNIENTANTENDMENT - EXCEL DEVELOPMENT, LLC
Planner Cartney introducedThis item and highlighted the information presented in the Staff
Report dated December 1, 200 She noted the background history of the area and discussed the
action to be considered by the commiss3011.
Chair Heyl opened the public hearing.
There being no public comment, Chair Heyl closed the public hearing and turned the
discussion back to the Commission.
Chair Heyl commented that the proposal to amend the Planned Development Agreement to
eliminate the trail was consistent with the prior amendment to a neighboring development and
because the trail does not lead to any of the properties, it is no longer needed.
Member Leeder moved, Member Hansen seconded a motion to recommend approval of the
Planned Development Amendment to remove a trail along the east side of the building to be
replaced with sod at property located at 4450 - 4490 Erin Drive, Lot 1, Block 1 Honey Tree 1St
Addition, subject to the following conditions:
?0
City of Eagan
Advisory Planning Commission Meeting Minutes
December 19, 2003
Page 2
1. The Planned Development Amendment Agreement must be signed and
recorded prior to removal of the trail.
2. There shall be no obstructions located within the dedicated utility easement
area.
All voted in favor. Motion carried 5-0.
6
9i
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: December 1, 2003 CASE: 30-PA-13-11-03
APPLICANT: Jerry Szoka HEARING DATE: December 18, 2003
PROPERTY OWNER: Same APPLICATION DATE: Nov. 19,2033
REQUEST: Planned Development Amendment PREPARED BY: Sheila Cartney
LOCATION: 4450-4490 Erin Drive
COMPREHENSIVE PLAN: RC, Retail Commercial
ZONING: PD, Planned Development
SUMMARY OF REQUEST
The applicant is requesting approval of a Planned Development Amendment to allow the trail
located on the east side of the building be removed and sod installed in its place, at property
located at 4450-4490 Erin Drive, Lot 1, Block 1, Honey Tree 1" Addition; in the SW '/4 of
Section 30.
AUTHORITY FOR REVIEW
Chapter 11, Section 11.40, Subdivision 5 states, in part
1. The provisions of this chapter may be amended by the majority vote of the council, except
that amendments changing the boundaries of any district or changing the regulations of any
district may only be made by an affirmative vote of two-thirds of all members of the council.
2. The Council shall not rezone any land in any zoning district or make any other proposed
amendment to this chapter without first having referred it to the planning commission for its
consideration and recommendation.
BACKGROUNDIHISTORY
Honey Tree 1" Addition was platted in 1997. At that time the City approved a development plan
for two hotels (Sleep Inn and Comfort Suites), including a Final Planned Development for the Sleep
Inn which has been constructed on Lot 2. A Preliminary Planned Development Agreement for Lot
1 specified a four-story 108 room hotel with a swimming pool and conference center. Oxford
Development, LLC, purchased Lot 1 at a mortgage foreclosure sale auction in April 2002. In June
7cK',
Planning Report -Honey Tree 1St Addition
December 18, 2003
Page 2
2002, Sabongi Consulting Group, Inc. requested a Planned Development Amendment to allow five
one story office buildings; the Planned Development Amendment was approved July 2, 2002.
EXISTING CONDITIONS
The site is currently under construction for the approved five one story office buildings.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
Existing Use Zoning Land Use
Desi nation
North Cedar Villas PD, Planned MD, Medium Density
Develo ment
East Pond/Residential CSC, Community RC, Retail
Shopping Center/ PD Commercial
Planned Develo ment
South Hotel (Days Inn) PD, Planned RC, Retail
Development Commercial
West Cedar Ave WY 77
EVALUATION OF REQUEST
The applicant is requesting a Planned Development Amendment to remove the walking trail on
the east side of the property behind buildings 4450 and 4490 Erin Drive. The trail would be
removed and replaced with sod. In October 2003, the City Council amended the Days Inn
Landscape Plan to allow the trail to be removed on the adjacent lot to the south. Therefore, the
trail on the subject site does not lead to anything.
The existing trail was originally installed in 1980 an amenity for the tenants of the Mari Acres
commercial development. A public trail easement was never required nor dedicated to preserve
this connection and insure its continuous upkeep. The trail (located within the utility easement)
also provided a secondary benefit for quick and easy access to the City's sanitary sewer structures
located behind the hotel to provide access to the City sanitary sewer structures located along the
east edge of the property. This development should provide alternative public maintenance
access to the sanitary sewer manhole structures along the east edge of the property, in accordance
with City standards. There should be no obstructions within the dedicated utility easement.
SUMMARY/CONCLUSION
In summary, the applicant is requesting to amend the Planned Development to allow the existing
trail on the east side of the property to be removed and replaced with sod. In October 2003, the
93
Planning Report -Honey Tree 1St Addition
December 18, 2003
Page 3
City Council amended the Days Inn Planned Development to allow the trail to be removed,
which connected to the subject site at that time. Therefore the trail on the subject site does not
lead to anything and is not used.
ACTION TO BE CONSIDERED
To recommend approval of a Planned Development Amendment to remove a trail along the
east side of the building and replace with sod, at property located at 4450-4490 Erin Drive, Lot 1,
Block 1, Honey Tree 1St Addition If approved the following conditions shall apply:
1. The Planned Development Amendment Agreement must be signed and recorded prior to
removal of the trail.
2. There shall be no obstructions located within the dedicated utility easement area.
1
Jerzy Szoka.
9119 Alger Ct. Office (651) 686 - 9092
Inver Grove Heights, Mn.55077 Fax (651) 405-0910
Ms. Pamela Dudziak
City of Eagan
3830 Pilnot Knob Road
Eagan, MN 55122-1897
Nov. 10,2003
Dear Ms. Dudziak;
I am writing in regards to the property located at 44504490 Erin Drive, Eagan, MN. The
legal description is Honey Tree I" Addition, Lot 1, Blk 1. The Property Identification
Number is 10335500 010 01. I am hereby requesting that the final Planned Development
Agreement be amended.
I propose that the walking trail that is located on the East Side of the property, behind
buildings 4450 and 4490 Erin Drive be removed. The trail would be removed and sod
would be installed in its place thus enhancing the landscaping in this area. As you are aware
that on Oct. 7,2003 the City Council amended Days Inns plans to eliminate their portion of
the trail. In doing so, the trail behind my buildings is now isolated and without connection,
thus rendering it virtually useless.
I do not believe that this proposed change would have any negative impact to the
surrounding property. It will only enhance the natural beauty and landscaping of the green
area. In addition, it will not impact any of the city services.
I have enclosed the necessary surveys for your review. If you have any questions, please
call me at 612-227-7457,
Very y your,
oka
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Development/Developer. Excel Development LLC
Application: Planned Development Amendment
Case No.: 30-PA-13-11-03
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Agenda Information Memo
January 6, 2003, Eagan City Council Meeting
B. CONDITIONAL USE PERMIT - SOWLES PROPERTIES
ACTIONS TO BE CONSIDERED:
To approve (OR deny) a Conditional Use Permit to allow outdoor storage of a 113 foot tall
crane, equipment, materials, and current/late model cars associated with a site plan on the 24 acre
site, Part of Government Lot 2, Section 9, Township 27, Range 23, located at 3045 Sibley
Memorial Highway; subject to the conditions in the Advisory Planning Commission minutes.
To approve (OR deny) a 30 foot Variance to the front yard setback for the approved outdoor
storage items associated with a site plan on the 24 acre site, Part of Government Lot 2, Section 9,
Township 27, Range 23, located at 3045 Sibley Memorial Highway; subject to the conditions in
the Advisory Planning Commission Minutes.
REQUIRED VOTE FOR APPROVAL
• Majority of Quorum
FACTS:
• In 1994, a CUP was issued for Lull Industries for outdoor storage of parts and
equipment based on a site plan submitted at that time.
• The site is largely encompassed with outdoor storage of miscellaneous items.
• The majority of the storage items are directly related to Sowles business and other
tenants in the building, the car storage is not.
• The crane will be set back about 300 feet from the property line along Highway 13.
• Five of the nine outdoor storage Code Requirements are met, the storage items are not
proposed in an enclosure.
• The Advisory Planning Commission held a public hearing on December 18, 2003,
and is recommending approval; subject to the conditions in the APC minutes.
ISSUES:
• The APC added conditions including that outdoor storage of items be limited to
tenants of the principal building and a fenced in enclosure for all outdoor storage.
60 DAY AGENCY ACTION DEADLINE
• January 18, 2004
ATTACHMENTS (3):
Advisory Planning Commission Minutes page(s)--~D
Planning Staff Report pages/,hroughM
Letter from resident page
City of Eagan
Advisory Planning Commission Meeting Minutes
December 19, 2003
Page 3
B. CONDITIONAL USE PERMIT - SOWLES PROPERTIES, LP
Planner Cartney introduced this item and highlighted the information presented in the City
Staff Report dated December 15, 2003. She noted the background and history of the subject
property for the action to be taken by the Planning Commission.
Several applicant representatives were present along with their attorney, Bill Cottrell. Mr.
Cottrell highlighted that the request for the crane was essential to the success of the applicant's
business operations.
Chair Heyl opened the public hearing.
Several employees of Sowles Properties, L.P. -Who reside in Eagan spoke in support of the
application for outside storage and the necessity for,the crane as an integral part of its business
operations. A neighboring business owner, Ron Becker, similarly spoke in support of the
application. : w
There being no additional comment, Chair Heyl closed the public hearing and turned the
discussion back to the Commission.
Chair Heyl noted that the property is zoned industrial and ,that not withstanding the visual
impact of having a crane located on the property, such use may be expected and could be
considered consistent with activities in an industrial area. She further commented that the crane,
as proposed by the applicant will be'located some 350 feet off Highway 13 and this would be an
appropriate buffer from the public's view. Chair Heyl further commented that the proposed
outside storage of vehicles' must be consistent with City Code and specifically that the storage
must be for an occupant or tenant of the principal' building on the property.
NTember Gladhill commented that it appeared the crane was not harmonious with the area,
but was a business necessity;, '.Member Gladhill stated that his concerns were with the outside
storage rather than the crane: Specifically, Member Gladhill commented that the applicant fails
to satisfy se\-eral,of the Conditional Use Permit standards, including the failure to provide an
enclosure for the outride storage area and providing the required set back from Highway 13.
Member Bendt coiritiiented that the crane should be of an appropriate color to blend in with
the sky and similar to telecommunications towers. Member Bent also questioned if the crane
could be used as a cell tower as well. He also commented that the storage of the vehicles were
new vehicles rather than antiques, collectibles or junk cars.
Member Leeder commented that the current plan only has 362 paved parking stalls and
Planner Cartney explained that more stalls could be added and the area must be paved and
striped in accordance with City Code.
9
City of Eagan
Advisory Planning Commission Meeting Minutes
December 19, 2003
Page 4
Chair Heyl questioned the applicant concerning security for the area. The applicant
commented that there are three entrances to the area and all have locked arm gates, however,
there is no fencing around the perimeter of the property. Member Heyl expressed concern
regarding the request for a variance of a set back for Highway 13 and City Planner Ridley
commented that the prior owner, Lull Industries, likely had undertaken the outside storage within
the set back before the current City standards.
Member Bent questioned City Attorney Bauer about security and the City's responsibility.
Bauer explained that an enclosure is a Code condition other than that can't really apply
additional security methods.
Member Leeder mentioned that the site has history and Hl hway 1 31' vYpuldn't really benefit
with or without the setback variance. Leeder explained that the cars' should be within an
enclosure, this is also a code requirement and should be consistent with other` outdoor storage
within the City.
Chair Heyl moved, Member Gladhill seconded a motion to recommend approval of a
Conditional Use Permit to allow outside storage of a 113 foot crane, equipment, materials, and
current/late model cars, associated with a site plan on the 24 acre site, and a 30 foot variance to
the front yard setback on Part of Government Lot 2, Section 9, Township 27, Range 23, located
at 3045 Sibley Memorial Highway; subject-to the following six conditions of the Staff Report
and together with four additional condition (listed as,7 through.. 10 below):
1. The Conditional Use Permit shall be recorded with Dakota County within
60 days of the date of approval aiad proof of its recording be provided to
the City.
2. If any type of aggregate surfacing is used for the outdoor storage areas, the
site will be subject to periodic review by city staff for adequacy of the
material to control dust and drainage. The first review will occur two years
following approval of this permit. If the material is determined to be
inadequate, the City will require that it be replaced with bituminous
asphalt.
3. All parking and storage areas shall be properly maintained to prevent
deterioration.
4. The outdoor storage items shall be limited to what is provided for with the
site plan.
5. Trash receptacles shall be kept either inside the building or within an
enclosure constructed according to City Code.
10-e
City of Eagan
Advisory Planning Commission Meeting Minutes
December 19, 2003
Page 5
6. Subject to site plan dated Revised 12-03-03.
7. Outside storage items (including automobiles) must be for an
occupant/tenant of the principal building.
8. The crane must be located 300 feet from Highway 13.
9. All outdoor storage areas must be enclosed by a fence.
10. Outdoor storage shall be setback 50 feet from R ahwdy 13 (versus the 30
foot variance).
Motion carried 4-1 (Member Bendt against (stating he believed the enclosure requirement
should be only for the automobile outside storage)).
r ~;R
/D/
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: December 15, 2003 CASE: 09-CU-18-11-03
APPLICANT: Sowles Properties L.P. HEARING DATE: December 18, 2003
PROPERTY OWNER: Same APPLICATION DATE: Nov. 19, 2003
REQUEST: Conditional Use Permit PREPARED BY: Sheila Cartney
LOCATION: 3045 Highway 13
COMPREHENSIVE PLAN: IND, Industrial
ZONING: I-1, Limited Industrial
SUMMARY OF REQUEST
The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of a
113 foot tall crane, equipment, materials, and current/late model cars; and a 30 foot Variance to
the front yard setback, associated with a site plan on the 24 acre site, Part of Government Lot 2,
Section 9, Township 27, Range 23, located at 3045 Sibley Memorial Highway.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following.
Subdivision 4C states that the Planning Commission shall recommend a conditional use permit
and the Council shall issue such conditional use permits only if it finds that such use at the
proposed location:
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.
/D4~'
Planning Report - Sowles CUP
December 18, 2003
Page 2
D. Will be served adequately by essential public facilities and services, including streets, police
and fire protection, drainage structures, refuse disposal, water and sewer systems and schools.
E. Will not involve uses, activities, processes, materials, equipment and conditions of operation
that will be hazardous or detrimental to any persons, property or the general welfare because
of excessive production of traffic, noise, smoke, fumes, glare or odors.
F. Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets.
G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the
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.
City Code Chapter 11, Section 11.50, Subdivision 3 states that the Council may approve, approve
with conditions or deny a request for a variance. In considering all requests for a variance, City
Council shall consider the following factors:
a. Exceptional or extraordinary circumstances apply to the property which do not apply
generally to other properties in the same zone or vicinity, and result from lot size or
shape, topography, or other circumstances over which the owners of property have no
control.
b. The literal interpretation of the provisions of this Code would deprive the applicant
property use commonly enjoyed by other properties in the same district under the
provisions of this Code.
c. That special conditions or circumstances do not result from actions of the applicant.
d. That granting of the variance will not confer on the applicant any special privilege that is
denied by this Ordinance to owners of other lands, structures or buildings in the same
district.
e. The variance requested is the minimum variance which would alleviate the hardship.
f. The variance would not be materially detrimental to the purposes of this Code or to
property in the same zone.
10,3
Planning Report - Sowles CUP
December 18, 2003
Page 3
CODE REQUIREMENTS
The City Code requires a conditional use permit for outdoor storage. In the I-1, Limited
Industrial zoning district structures are limited to 40 feet in height.
BACKGROUND/HISTORY
The subject site has been known as the Lull Industries property, which is now owned by Sowles
Properties Limited Partnership. In 1994, a Conditional Use Permit was issued for Lull Industries
for outdoor storage of parts and equipment based on the a site plan submitted at that time. All of
the outdoor storage with this CUP was related to Lull's fork truck manufactoring operations.
The main building was completed in 1957. It appears outdoor storage has been part of operations
at this location since the site was developed; however, a CUP for this storage was not obtained
until 1994.
In 2001 Sowles requested a CUP to allow a 100 foot tall crane on a site, also adjacent to
Highway 13, just south of the subject property. The CUP was denied for the following reasons:
A tower crane three times the height of permitted building height is not harmonious in
appearance with the character of the general vicinity and the natural features of the Minnesota
River Valley. Due to size and profile the tower crane cannot be screened.
EXISTING CONDITIONS
The site is largely encompassed with outdoor storage of miscellaneous items. The items range
from trucks, trailers, cranes to current/late model cars. The existing buildings are surrounded
with some type of outdoor storage. Tennant parking is located in front of the main building
along Highway 13.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
Existing Use Zoning Land Use
Designation
North Park P, Park P, Park and
Recreation open sace
South Various industrial I-1, Limited Industrial IND, Industrial
uses
East Hwy 13, Single family R-1, Residential LD, Low Density
residences Single residential
West Single family home I-1, Limited Industrial IND, Industrial
and Park uses P, Park P, Park and
Recreation open sace
A~x
Planning Report - Sowles CUP
December 18, 2003
Page 4
EVALUATION OF REQUEST
Compatibility with Surrounding Area - The site has had miscellaneous items stored outdoors for
many years. The present request is for similar types of items as approved previously for Lull
Industries, but also for items not related to Sowles operations.
The permanent crane is 113 feet tall and may cause the same concerns as the previously proposed
crane. The land use is compatible with the surrounding area, the compatibility of the proposed
outdoor storage uses and crane is a policy matter for City Officials to determine.
Site Plan - The applicant proposes outdoor storage in various locations throughout the site. No
new landscaping is proposed. Trash areas are not shown; trash receptacles should be kept inside
a building or within an enclosure constructed according to City Code standards. The submitted
site plan breaks the property u into four areas each area has certain items associated with it.
Area Items
1 Short Term - trucks, trailers, cranes, materials and equipment
2 Crane components, weldments, steel, materials and equipment
3 Short Term - Crane componets, weldments, materials and equipment. Parking for
future tenants
4 Trucks, trailers, current/later model cars, materials and equipment
Some of these items are related directly to Sowles business and other tenants in the building, the
car storage is not directly related to this site. The following is a breakdown of tenants at this site:
Current Tenants Leasing Space
Sowles Co./Northwest 7,800 SF Office+42,000 SF shop+ 90,000 SF yard
Tower Cranes
Valle Building Products 2,400 SF office
E-con Placer 8,000 SF shop
Airline Transportation 16,400 SF warehouse + 12 trailers in yard
Specialists
St. Paul Tire 1,200 SF warehouse
Industrial Restoration, Inc 1,200 SF warehouse
Wilson McShane Co 9,300 SF warehouse
Southview Chevrolet 106,000 SF YARD space, u to 700 cars 525 currently)
Marc Construction Four trailers in YARD
After all these tenants occupy their space, there is still 4,000 square feet of office space, 18,600
square feet of warehouse and 20,000 square feet of yard space available.
The request is also for the installation of a 113 foot tower crane (figure 1) at the north end of the
property to assist with loading and unloading of crane components and other equipment onto
trucks. According to the applicant, this type of crane is essential to the site because mobile
cranes lack the required radius coverage, require set up and dismantle time and are usually at
Aa~
Planning Report - Sowles CUP
December 18, 2003
Page 5
another job site. The crane would be painted a similar color as the mono towers in the area. The
base of the crane would be secured to prevent unauthorized access.
"
.
,r d
(Figure 1)
There appear to be no specific provisions in the City Code that apply to the proposed crane. It is
similar in height to a telecommunications tower, but the City's tower ordinance does not apply.
Therefore, the proposed crane is addressed in the report as one element of the outside storage,
and is subject to the following City Code standards for outdoor storage. In addition, the APC and
City Council may attach other reasonable conditions deemed necessary to mitigate adverse
impacts, protect the value of other properties in the district, and achieve the goals and polices of
the Comprehensive Guide Plan.
Airport Considerations - The airspace obstruction zone section of the Minneapolis St. Paul
International Airport Zoning Ordinance defines protected airspace areas. The subject site does
not fall within a Land Use Safety Zone according to Minneapolis St. Paul (MSP) Zoning Map,
Safety Zones Plate SZ-29. Section IV. The airspace obstruction zone is considered an imaginary
conical surface extending upward and outward from the surface level of the airport at a slope of
20 to one for a distance of 4,000 feet measured radially outward from the periphery of the airport.
The airspace obstruction zone that applies to the subject site prohibits structures higher than
1010-1020 feet above sea level. The surface elevation at which the crane will be located is
approximately 750 feet above sea level and the crane is 113 feet tall, which is an approximate
height of 863 feet above sea level. As such, it does not fall into the airspace zone and does not
require additional restrictions.
The subject site is within Noise Zone 4. As an industrial land use, the proposed activity is
permitted within this zone.
/O,6
Planning Report - Sowles CUP
December 18, 2003
Page 6
Engineering Comments - The applicant is proposing to maintain the storage areas labeled as Area
2 with conventional gravel aggregate surfacing. The applicant is not proposing to construct the
perimeter of the outdoor stage areas with concrete curb and gutter. City code requires that all off-
street parking and storage areas be surfaced with a material to control dust and drainage, and that
the surface shall be properly maintained to prevent deterioration. Bituminous asphalt is the most-
widely-used surfacing material to accomplish this requirement and is required for off-street
parking areas.
There are a number of outdoor storage lots within the City that have been allowed to use recycled
asphalt aggregate surfacing for outside storage areas under conditional use permits. Those
permits that have allowed recycled asphalt aggregate have included a condition for a periodic
staff review of the condition of the surfacing to determine its adequacy for dust and drainage
control. If recycled bituminous aggregate or the conventional gravel aggregate is continued to be
used, such periodic review should be a condition of approval. If, upon review, the recycled
bituminous aggregate surface is determined to be inadequate, the City will require the storage lot
to be resurfaced with bituminous asphalt.
Outdoor Storage - In addition to the requirements for a conditional use permit listed previously,
City Code Section 11.70, Subdivision 20, C, recently adopted and in effect for the November 7,
2002 City Council meeting; lists performance standards for outdoor storage as follows:
a) Outdoor storage items shall be placed within an enclosure. The proposed storage is
not within an enclosure.
b) All such enclosures shall be attached to the principal building except in the limited
industrial district. This property is zoned I-1 (limited industrial) and does not require
the enclosure to be attached.
c) The enclosure shall be made of material suitable to the building and the items to be
stored. The proposed storage is not within an enclosure.
d) The enclosure shall not encroach into any established front building setback area or
other required setbacks. Proposed storage area one, two, and four encroach into the
50 foot front yard building setback from Highway 13; not in an enclosure.
The proposed storage areas are located at the standard 20-foot pavement and parking
setback from Highway 13 rather than the minimum 50 foot building setback.
Therefore, the storage area is considered to encroach into the required front building
setback area, necessitating a Variance of 30 feet.
e) The enclosure shall not interfere with any pedestrian or vehicular movement. The
proposed storage areas consists of parking stalls, and gravel areas. The items are
stored in an orderly fashion, which should not interfere with pedestrian or vehicular
movement. Pedestrian and vehicular movement is limited throughout the site.
/O
i
Planning Report - Sowles CUP
December 18, 2003
Page 7
f) The items to be stored shall not exceed the height of the enclosure. The proposed
storage is not in an enclosure. The APC and City Council may wish to consider
whether additional screening measures would be appropriate. Because of the
topography much of the site is visible from Highway 13.
g) The display area shall not utilize required parking spaces or landscaping areas.
According to the use breakdown the applicant provided, there is 14,200 square feet of
office space which requires 94 parking stalls, 46,700 square feet of warehouse space
which requires 55 parking stalls and 50,000 square feet shop/manufacturing space
requiring 10 parking stalls for a total of 159 parking stalls. The site plan indicates
there are 362 paved parking stalls available.
h) The display area shall be surfaced with concrete or an approved equivalent to control
dust and erosion. The surface shall be properly maintained to prevent deterioration.
The proposed storage area is surfaced with bituminous and gravel, both seem
acceptable for this type of storage.
i) The square footage of outdoor display areas shall be included in the calculation of
required off-street parking for the principle use of the property. Based on the use of
the property the availability of off street parking is met.
SUMMARY/CONCLUSION
The applicant is requesting a Conditional Use Permit to allow outdoor storage of a 113 foot tall
crane, miscellaneous equipment, parts, trailers, cranes and items related to the various businesses
onsite. The request also includes storage of new and late modeled cars, not associated with any
business on-site. The proposed storage areas are located at the standard 20 foot pavement and
parking setback from Highway 13 rather than the minimum 50 foot building setback.
Item D in the Outdoor Storage section of the Code prohibits an enclosure to encroach into any
building setback. The storage areas encroach into this setback therefore, a Variance is necessary.
The CUP request is also for a 113 foot crane to be permanently stored on-site. All storage areas
are defined by a site plan and should be included with the CUP. The outdoor storage surface area
is questionable; City code requires that all off-street parking and storage areas be surfaced with a
material to control dust and drainage, some areas for the proposed storage are on a gravel
aggregate surface.
ACTION TO BE CONSIDERED
To recommend approval of a Conditional Use Permit to allow outdoor storage of a 113 foot
crane, equipment, materials, and current/late model cars, associated with a site plan on the 24
acre site, and a 30 foot Variance to the front yard setback on Part of Government Lot 2, Section
9, Township 27, Range 23, located at 3045 Sibley Memorial Highway; subject to the following
conditions:
A0 g
Planning Report - Sowles CUP
December 18, 2003
Page 8
1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the
date of approval and proof of its recording be provided to the City.
2. The proposed outdoor storage areas shall be surfaced with bituminous asphalt.
OR
If any type of aggregate surfacing is used for the outdoor storage areas, the site will be
subject to periodic review by city staff for adequacy of the material to control dust and
drainage. The first review will occur two years following approval of this permit. If the
material is determined to be inadequate, the City will require that it be replaced with
bituminous asphalt.
3. All parking and storage areas shall be properly maintained to prevent
deterioration.
4. The outdoor storage items shall be limited to what is provided for with the site
plan.
5. Trash receptacles shall be kept either inside the building or within an enclosure
constructed according to City Code.
6. Subject to site plan dated Revised 12-03-03.
FINANCIAL OBLIGATION-09-CU-18-11-03,10-00900-010-26,3045 Hwy 13
SOWLES PROPERTIES, L.P.
There are pay-off balances of special assessments totaling $64,291 on the parcel proposed for the conditional
use.
At this time, there are no pending assessments on the property for which the conditional use permit is requested.
Based upon the study of the financial obligations collected in the past and the uses proposed for the property,
the following charges are proposed. The charges are computed using the City's existing fee schedule and for the
connection and availability of the City's utility system. The charges will be computed using the rates in effect at
time of connection.
IMPROVEMENT USE RATE QUANTITY AMOUNT
Storm Sewer Trunk C/I $.13875/Sq Ft 1,034,550 Sq. Ft $143,544
Total $143,544
2003 rates are used to compute this financial obligation. The actual obligation will depend on the year in which
the final subdivision is approved.
It is recommended that this financial obligation be satisfied when a new connection is made to the City's utility
system. The obligation will be computed at the rates in effect at the time of new connection.
Location Map , Street Centerline
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Development/Developer. Sowles Properties, L.P.
Application: Conditional Use Permit
Case No.: 09-CU-18-11-03
Map Prepared using ERSI AreYiew 3.1. Parcel bass map data provided N
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/ TNIE MAP IS INTENDED FOR REFERENCE USE ONLY W E
city of eagan The ty of Eagan and Dakota County do not guarantee the accuracy of this Information and are
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l:smrnuNty Devdopnmd Dspartnunt not responsible for errors or omissions.
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: 3 1.) Short Term Parlcin¢ Trucks, usilas, mobile cranes and construction
~r equipment, paved with existing bituminous.
t I r' Used by Sew1e&WWTC for tWr own opm dions.
2.) Excess Invemoty Arras. Crane eompoaents, waldmeats, raw steel, steal
L c componem per, materials, equipment, surfaced with existing c: shed rock.
Used by SowleslNVM for their own operations.
3.) Excess lnveetoy Area. Short term storage of crane components, weldmew
- ~ -2-0915'59- W 587.2 ,,Rr a materials sad equipm=t. Possible puking for future building ==ts. Fa'
$OVTN UNE Or NMI/A a► Nm14 OCC 1. T. 27. R.21+ir with existing concrete.
c w, Used by Sowks. NwT alley for their own operations.
A n n I ; I n 1 1 T 1 n 4.) Main Outdoor Storage Area. Trucks, tmilars (30), construction equipment,
7 n i v 11 v V v 1 I I r1 materials, for building occupaau. Cun=t/lato model cars (up to 700). Pa
with c dstiag bituminous.
Sowles Properties Limited Partnership OUTSIDE STORAGE
3045 Highway 13
~vt~ tZ 1 ~ 1 v3
Eagan, Minnesota 55121 113
SOWLES PROPERTIES LIMITED PARTNERSHIP
VALLEY BUILDING PRODUCTS CO.
3045 HIGHWAY 13
EAGAN, MINNESOTA 55121-1602
November 17, 2003
Re: Conditional Use Permit Application
Legal Description
Part of Government Lot 2, Section 9, Township 27, Range 23.
P.I.D. 410-00900-10-26 located 3045 Highway 13.
Background/History
Sowles Properties L.P. purchased 3045 Highway 13 in December of 2002. The facility was
larger than our needs required and the previous owner (hull Industries) was not willing to
subdivide. We went ahead with the purchase with plans to take on tenants to help cover operating
expenses. Our affiliated companies Sowles Company (steel erector), Northwest Tower Cranes
(crane rental and service) and Valley Building Products Co. (material supplier), moved office, shop
and yard operations to this location May 2003.
The main Lull Industries building was constructed in 1957; outdoor storage has been part of fork
truck manufacturing operations at this location since the site was developed. In 1994 Lull
Industries was granted the current CUP to allow outdoor storage of equipment and materials. At
that time the site was improved with; water main system with hydrants, bituminous paving on the
south portion of the site for dust control, concrete curbs, gutters and catch basins for erosion
control, free standing lighting and building mounted lights for safety and security.
Lull Industries, Inc. employed up to 250 people on site and at peak production had 2 and
sometimes 3 shifts. We currently have approximately 30 employees and approximately 10 tenant
employees that work on site. Our work hours are 6 AM to 5 PM and there are minimal after
hours/weekend traffic coming and going from our site.
Sowles Properties L.P. is requesting a Conditional Use Permit to allow;
A.) Outdoor storage of construction equipment, materials, trailers and vehicles.
B.) Installation of a yard tower crane.
A.) Four proposed Outdoor Storage area types see attached site plan.
1.) Short Term Parking. Trucks, trailers, mobile cranes and construction
equipment, paved with existing bituminous.
2.) Excess Inventory Areas. Crane components, weldments, raw steel, steel
component parts, materials, equipment, surfaced with existing crushed rock.
3.) Excess Inventory Area. Short term storage of crane components, weldments,
materials and equipment. Possible parking for future building tenants. Paved
with existing concrete.
4.) Main Outdoor Storage Area. Trucks, trailers, current/late model cars,
construction equipment, materials, Paved with existing bituminous.
Page Two Conditonal Use Permit Application November 18, 2003
B.) We propose installation of a 113' tower crane at the north end of the site to assist with
loading and unloading of crane components and other equipment onto trucks. A yard tower crane
is essential to our operation because it is the most efficient type of crane for this use. Mobile
cranes lack the required radius coverage, require set-up and dismantle time and are usually away
from our yard working at construction job sites. The crane would be painted a similar color as the
mono towers in the area. The base of the crane would be secured to prevent unauthorized access.
See attached site plan and site sections describing our proposed tower crane installation.
Reference item A.4. above.
On the south portion of our property is approximately 4 acres of paved parking lot, our
building tenants use only a portion of this area. We have been approached by other
contractors, freight companies and car dealerships to store cars, trucks and trailers on our
site. This provides an opportunity for us to help cover operating expenses.
Southview Chevrolet is currently storing current/late model cars on the southern portion of
our property. They choose our location because it is in close proximity to their dealership
at 494/110 & South Robert. Southview buys large lots of fleet cars and holds them in
storage until sold through dealerships.
The cars are moved to and from our location either by semi truck transport or driven
individually. This activity varies day to day, some days nothing moves and other days up
to (4) transports may arrive. The cars are parked in neat rows.
Southview's space requirements may change; we would like the option to store freight
trailers for off site companies. The trailers would be in good condition and also parked in
neat rows.
Zoning Classification
Currently zoned Industrial 1 (I-1), we are not requesting re-zoning.
Existing Land Uses
The 24 acre site contains several wooded areas and a grade drop of approximately 50' from
southeast to northwest. The site has one main off ce/warehouse building, several accessory
buildings, employee parking and outside storage areas.
Surrounding Land Uses
North - Zoned Industrial, undeveloped.
South - Zoned Industrial, Eagan Transport and Water Heater Innovations
East - Highway 13/ McCarthy Ridge Subdivision, Residential
West - Zoned Industrial, SF home, gravel/dirt storage.
SOWLES PROPERTIES LIMITED PARTNERSHIP
VALLEY BUILDING PRODUCTS CO.
3045 HIGHWAY 13
EAGAN, MINNESOTA 55121-1602
FAX TRANSMITTAL
December 3, 2003
To: Mike Ridley, Sheila Carmey
City of Eagan
From: Jack Rom.saas, 651.287.9786
Re: Conditional Use Permit Application
Additional Information
In reference to our application dated November 17, 2003 and to follow up our November 26d,
meeting, I am providing additional information and clarifications per your request.
Sowles Properties and Valley Building Products jointly own the property located at 3045
Highway 13. Sowles Co. (steel erector subcontractor), Northwest Tower Cranes (crane rental &
sales) and Valley Building Products (material supplier/subcontractor) lease office, shop and yard
space. As previously stated we need to lease space to help cover operating expenses. Besides
our affiliated companies we are leasing space to unrelated tenants, as follows:
Current Tenants
Sowles Co./ Northwest Tower Cranes 7,800 SF Office + 42,000 SF Shop + 90,000 SF Yard.
Valley Building Products 2,400 SF Office
E-con Placer 8,000 SF Shop
Airline Transportation Specialists 16,400 SF Warehouse + (12) trailers in Yard.
St. Paul Tire 1,200 SF Warehouse
Industrial Restoration, Inc. 1,200 SF Warehouse
Wilson'McShane Corporation 9,300 SF Warehouse
*Southview Chevrolet 106,000 SF Yard, up to 700 cars, currently approx. 525.
*Marcy Construction (4) trailers in Yard
*Two tenants currently renting yard space only.
Available Space
Office Approximately 4,000 SF
Warehouse Approximately 18,600 SF
Yard Approximately 20,000 SF
SOWLES PROPERTIES LIMITED PARTNERSHIP
Page Two
December 3, 2003
Regarding the four Outdoor Storage areas listed in our November 171 application, please replace
paragraph A.) on the fast page with the following:
A) Four proposed Outdoor Storage area types see attached site plan.
1.) Short Term Parking. Trucks, trailers, mobile cranes and construction
equipment, paved with existing bituminous.
Used by Sowles/NWTC for their own operations.
2.) Excess Inventory Areas. Crane components, weldments, raw steel, steel
component parts, materials, equipment, surfaced with existing crushed rock, .
Used by Sowles/NWTC for their own operations.
3.) Excess Inventory Area. Short term storage of crane components, weldments,
materials and equipment. Possible parking for future building tenants. Paved
with existing concrete.
Used by Sowles/NWTC/VaRey for their own operations.
4.) Main Outdoor Storage Area. Trucks, trailers (30), construction equipment,
materials, for building occupants. Currentllate model cars (up to 700). Paved
with existing bituminous.
Mike and Sheila, I hope this provides the information you need for your report to the Planning
Commission, if not feel free to call should there be any questions. Thank you for your
assistance.
i
FROM PHONE NO. Dec. le 2003 02:36PM P1
ORGANIC STUDIES, INC.
MARYANN E. MCCONNELL
3105 SIBLEY MEMORIAL HIGHWAY
EAGAN, MINNESOTA 55121
TELEPHONE: (651) 454-2918 FACSIMILE (651) 456-9205
E-Mail: exim@intldept.com
December 18, 2003
City of Eagan
Community Development Department
3830 Pilot Knob Road
Eagan, MN 55122
Fax: (651) 675-5694
Re: Case #09-CU-18-11-03
Development Name: Sowles Properties
Attn: Ms. Sheila Cartney
Dear Ms. Cartney:
I am writing to voice my opposition to the proposed conditional use permit fo:r
the above mentioned case.
It is my belief that the storage of automobiles, trailers, construction equipment,
etc on the property would have an adverse effect on the value of my property. I
am surprised that they are already using the property as a storage facility for cars
and trailers, it feels as if I am living next to a used car lot.
I am also concerned about the placement of a permanent 113 foot tall crane,
which I believe would look absolutely hideous towering over the trees in the
area.
I am curious if there has been a study to see what impact the above mentioned
permit would have on 1-fighway 13 and Meadow View Road. As I'm sure your
aware Meadow View Road is not paved and the additional traffic will surely
cause the gravel road to become increasingly worn and more difficult to drive on
than it already is.
1 appreciate you taking the time to read my concerns. If you have any questions,
please feel free to contact me at the numbers or e-mail address indicated above.
Sincerely ours
E M onnell
y
AGENDA
CITY OF EAGAN
REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY
EAGAN MUNICIPAL CENTER
JANUARY 6, 2004
p la,p I. CALL TO ORDER
~oZ II. ADOPT AGENDA
III. APPROVE MINUTES
IV. OLD BUSINESS
Lt A. Resolution Approving Amended and Restated Development
Agreement Relating to Tax Increment Financing District No.1
Between the Eagan Economic Development Authority and U.S.
Home Corporation
V. NEW BUSINESS
pj a6 A. Public Hearing to Consider a Resolution Approving Amended and
Restated Preliminary Development Agreement Relating to Tax
Increment Financing District No.1 Between the Eagan Economic
Development Authority and United Properties - Continue to
January 20, 2004
P/3 B. Authorization to Negotiate for the Purchase of the Jim Cooper
Goodyear Property in the Cedar Grove Redevelopment Area
pe3 VI. OTHER BUSINESS
p133VII. ADJOURNMENT
Agenda Information Memo
January 6, 2004 Eagan Economic Development Authority Meeting
1. CALL TO ORDER
ACTION TO BE CONSIDERED:
To recess the regular City Council meeting and convene a meeting of the
Economic Development Authority.
II. ADOPT AGENDA
ACTION TO BE CONSIDERED:
To adopt the agenda as presented or modified.
III. APPROVE MINUTES
ACTION TO BE CONSIDERED:
1. To adopt a resolution approving the minutes of the December 16, 2003
EDA meeting as presented or modified.
ATTACHMENTS:
• Enclosed on page IX-/O>s a copy of the minutes of the December 16, 2003
EDA meeting. I -j
• Enclosed on pages is a copy of the resolution approving the minutes
of the December 16, 2003 EDA meeting.
Sao
MINUTES OF A MEETING OF THE
EAGAN ECONOMIC DEVELOPMENT AUTHORITY
Eagan, Minnesota
December 16, 2003
A meeting of the Eagan Economic Development Authority was held on Monday, December 18, 2003at the
Eagan Municipal Center. Present were President Geagan and Commissioners Carlson, Fields, and
Maguire. Also present were Executive Director Tom Hedges, City Planner Mike Ridley, Director of Public
Works Tom Colbert, Community Development Director Jon Hohenstein, City Attorney Mike Dougherty,
Administrative Secretary / Deputy Clerk McGarvey.
ADOPT AGENDA
President Geagan moved, Commissioner Tilley seconded a motion to approve the agenda as presented.
Aye: 5 Nay: 0
APPROVE MINUTES
Commissioner Fields moved, Commissioner Carlson seconded a motion to adopt a resolution approving the
minutes of the December 1, 2003 EDA meeting as presented. Aye: 5 Nay: 0
OLD BUSINESS
RESOLUTION APPROVING AMENDED AND RESTATED DEVELOPMENT AGREEMENT
RELATING TO TAX INCREMENT FINANCING DISTRICT NO. i BETWEEN THE EAGAN
ECONOMIC DEVELOPMENT AUTHORITY AND U.S. HOME CORPORATION
Commissioner Tilley moved, Commissioner Maguire seconded a motion to continue consideration of a
resolution approving an amended and restated development agreement relating to Tax Increment Financing
District No. 1 between the Eagan Economic Development Authority and U.S. Home Corporation to the
January 20, 2004 meeting. Aye: 5 Nay: 0
NEW BUSINESS
RECEIVE REPORT AND SET PUBLIC HEARING TO CONSIDER A RESOLUTION
APPROVING AMENDED AND RESTATED PRELIMINARY DEVELOPMENT AGREEMENT
RELATING TO TAX INCREMENT FINANCING DISTRICT NO. 1 BETWEEN THE EAGAN
ECONOMIC DEVELOPMENT AUTHORITY AND UNITED PROPERTIES
Community Development Director Hohenstein briefly discussed the amended development agreement
between the EDA and United Properties.
Commissioner Carlson moved, Commissioner Maguire seconded a motion to receive the report and set a
public hearing to consider a Resolution Approving Amended and Restated Preliminary Development
Agreement Relating to Tax Increment Financing District No. 1 Between the Eagan Economic Development
Authority and United Properties on January 6, 2004. Aye: 5 Nay: 0
ADJOURNMENT
Commissioner Fields moved, Commissioner Tilley seconded a motion to adjourn the meeting at 9:40 p.m.
Aye: 5 Nay: 0
Date Executive Director
If you need these minutes in an alternative form such as large print, Braille, audio tape, etc, please contact
the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600 (TDD phone: (612) 454-
8535.
The City of Eagan is committed to the policy that all persons have equal access to its programs, services,
activities, facilities and employment without regard to race, color, creed, religion, national origin, sex,
disability, age, sexual orientation, marital status or status with regard to public assistance.
EAGAN ECONOMIC DEVELOPMENT AUTHORITY
RESOLUTION APPROVING THE MINUTES OF THE
DECEMBER 16, 2003 SPECIAL MEETING
BE IT RESOLVED by the Board of Commissioners of the Eagan Economic
Development Authority to approve the minutes of the December 16, 2003 regular
meeting of the Eagan Economic Development Authority.
Motion by:
Second by:
Those in Favor:
Those Against:
CERTIFICATION
I, Gene VanOverbeke, Secretary/Deputy Executive Director of the Economic
Development Authority of the City of Eagan, Dakota County, Minnesota, do
hereby certify that the foregoing resolution was duly passed and adopted by the
Authority in a regular meeting thereof assembled this 6t" day of January, 2004.
Gene VanOverbeke, Secretary/Deputy Executive Director
Aa 3
Agenda Information Memo
January 6, 2004 Eagan Economic Development Authority Meeting
IV. OLD BUSINESS
A. RESOLUTION APPROVING AMENDED AND RESTATED
DEVELOPMENT AGREEMENT RELATING TO TAX INCREMENT
FINANCING DISTRICT NO.1 BETWEEN THE EAGAN ECONOMIC
DEVELOPMENT AUTHORITY AND U.S. HOME CORPORATION
ACTION TO BE CONSIDERED:
To continue adoption of a Resolution Approving The Amended and
Restated Development Agreement Relating to Tax Increment Financing
District No.1 Between the Eagan Economic Development Authority and U.S.
Home Corporation to the January 20 EDA meeting.
FACTS:
• At the Request of Delta Development, Inc. the EDA has adopted a
resolution approving the assignment of the Development Agreement with
Delta Development, Inc. ("Delta") relating to Tax Increment Financing
District No. 1 in Cedar Grove Redevelopment Project to U.S. Home
Corporation, which operates locally as Orrin Thompson Homes.
• In addition to the assignment of the development rights and obligations,
U.S. Home Corporation has requested changes to the Development
Agreement that were presented at a Special City Council meeting on
September 9, 2003.
• At its meeting of October 21, 2003, the EDA approved modifications of the
architecture and finish materials from the design and finishes which were
included in the Delta approvals, a shift of a small portion of the
development from Phase 3 to Phase 2 and an extension of the
performance timelines of one year to take into account the delay between
the original Delta approvals and the current request for modifications.
• U.S. Home has requested that costs associated with acquisitions for
subsequent phases of the development be addressed in the current
agreements. Under the Delta approvals, those issues were to be
addressed when the developer was prepared to move forward on those
phases. To address these issues, which primarily relate to the overall cost
of acquisition and clearing of properties within the development area, U.S.
Home requested and the City Council authorized the preparation of a
Phase I environmental review on those properties. U.S Home agreed to
pay the costs of the review and that work is ongoing at this time.
Agenda Information Memo Page 3
January 6, 2004 Eagan Economic Development Authority Meeting
Old Business
FACTS (Continued):
• Subsequently, US Home requested that the City provide cost estimates for
Phase II environmental reviews for some of the properties within the
district. Those estimates have been provided to US Home, but to date,
they have not authorized payment of the costs for them.
• The final negotiations regarding the allocation of acquisition and
preparation costs between the City and the developer have been
progressing slowly as not all of the studies are complete and the likely
costs are not known.
• Because negotiations regarding the acquisition and clearance costs are
not complete, it is recommended that the Council continue action on the
amended and revised agreement.
• In addition to the assignment and amendment of agreements, a number of
development steps remain prior to construction of the project including
satisfaction of Dakota County requirements for remediation of remaining
environmental issues and application for and completion of Final
Subdivision and Final Planned Development approvals. These can be
processed concurrent with the other agreements, but are not complete at
this time.
• A series of meetings with representatives of US Home and Delta
Development have been taking place over the last several months. If
appropriate, staff will provide a brief update to the Council regarding the
status of those meetings on Tuesday evening.
1
Agenda Information Memo
January 6, 2004 Eagan Economic Development Authority Meeting
V. NEW BUSINESS
A. RECEIVE REPORT AND SET PUBLIC HEARING TO CONSIDER
A RESOLUTION APPROVING AMENDED AND RESTATED
DEVELOPMENT AGREEMENT RELATING TO TAX INCREMENT
FINANCING DISTRICT NO.1 BETWEEN THE EAGAN ECONOMIC
DEVELOPMENT AUTHORITY AND UNITED PROPERTIES
ACTION TO BE CONSIDERED:
To continue the public hearing to January 20, 2004 to consider a
Resolution Approving the Amended and Restated Preliminary Development
Agreement Relating to Tax Increment Financing District No.1 Between the
Eagan Economic Development Authority and United Properties, to permit
publication of notice.
FACTS:
• The EDA previously entered into a preliminary development agreement
with United properties for the redevelopment of Cedar Grove
Redevelopment District Subarea 1 B, in the northeast corner of the Cedar
Avenue-Hwy 13 interchange.
• United has entered into a purchase agreement to acquire the Sill property,
which makes up the easternmost parcel within Subarea 1 B. Before
closing on this property in mid-January, United has requested
consideration of modifications of the preliminary development agreement
to extend the performance timeline and more formally commit the City to
the sale of the City owned parcel in Subarea 1 B to United if they are able
to bring a development proposal forward. The City owned parcel lies
along the south and west sides of the subarea.
• In reviewing the proposal, staff and the consultants believe that the
proposed changes are in order for consideration, provided that the City
retains a means of modifying the agreement in the future, if an alternative
development plan is presented. Therefore the proposed amendment
would include a clause permitting the City to buy the Sill property from
United for its actual acquisition cost plus carrying costs.
• A public hearing is required under law to consider an amendment of this
kind. At its meeting of December 16, 2003, the EDA set a public hearing
for January 6, 2004. Staff is requesting that the item be continued to the
January 20, 2004 EDA meeting to permit notice of the hearing to be
published.
fah
Agenda Information Memo
January 6, 2004 Eagan Economic Development Authority Meeting
New Business
FACTS (Continued):
• Preliminary information concerning the proposed amendment is presented
at this time in the event that EDA members have any comments that
should be addressed prior to the public hearing.
ATTACHMENTS:
• Ehlers and Associates memo on pages o2 - jca9
• Redevelopment District and Subarea Map on page 6
City (#'Eagan December 11, 003
EHLERS
& ASSOCIATES INC
O To: Jon Hohenstein, City of Eagan
From: Jim Prosser, Ehlers Associates
Subject: Amendment to United Properties Preliminary Development
W Agreement
Date: December 11, 2003
Brian Carey, Vice President of United Properties, has requested an amendment to their
existing preliminary development agreement with the City of Eagan. The current
agreement provides United Property the opportunity to develop specified areas (City
owned parcel, the Sill parcel and the Brad Ragen site) of the Cedar Grove area. The
major elements of the agreement include:
❑ United Properties commitment to market the property for specified uses (255,000
square foot class "A" office building. Building design to be consistent with City
design guidelines. (The final design cannot be prepared now. Class "A" user will
want a "signature" building custom to their needs. Therefore design will occur
after identification of a tenant.)
❑ City of Eagan commitment to sell the City owned parcel.
❑ City agreement to assist with land acquisition if needed.
❑ City agreement to provide public financial assistance to the extent needed and
possible. This determination is expected to be made at such time as United
Properties has a firm user and proposal.
❑ Agreement that United Properties with City could be terminated to permit
development by another developer if another developer proposes a use consistent
with City goals and United Properties is unable to match the proposal.
❑ Agreement contingent on land use and regulatory approvals. That is to say that
the City was not granting specific land use "pre-approvals".
J
Jim Prosser, CIPFA (651) 697-8503 Fax: (651) 697-8555
Executive Vice President/Director jim®ehlers-ine.com
3060 Centre Pointe Drive http://www.ehiers-ine.com
Roseville, MN 55113-1105
f
City q f Fagan December 11. 2003
The City's established development goal for this parcel is a class "A" office and/or a full
service hotel. There is general agreement that the market does not currently exist for
either of these uses. Given these circumstances the strategy of the City has been to
"partner" with a developer to market the site for the intended use. Because of the
over-supply of existing class "A" office and full service hotel sites and buildings, the
strategy of partnering with a leading developer, it was expected that a longer term
commitment would be appropriate.
Since the agreement was executed, United Properties has marketed this site to a variety of
potential users. In addition, at the request of the City, they have initiated efforts to gain
control of the parcels not owned by the City. Recently they have reached agreement with
the Sill parcel. That agreement is contingent on the ability of United Properties to reach
agreement with the City on amendments to the existing preliminary development
agreement. Those amendments address the following issues:
I. United Properties to acquire Sill Property.
2. City will provide an option to United Properties to purchase City owned parcel at
market value to be determined on the basis of market conditions at time of
development. This value may be reduced, if necessary, to make the project
financially feasible. The analysis to determine the need and extent of any reduce
value will be made at the time of proposed development and will be based on
providing the developer with a reasonable rate of return for the project
investment.
3. The determination of the level of any assistance (including land value write down)
will be made solely at the discretion of the Eagan EDA at the time of
development.
4: An extension to existing agreement from April 1, 2010 to April 1, 2012.
5. The City will have a right to purchase the Sill property from United Properties at
the purchase price of United Property plus holding costs. Holding costs will
include property taxes, special assessments, out of pocket marketing costs and
interest on costs paid by United Properties.
Entering into this agreement with United Properties will improve site control and increase
the feasibility of achieving development goals. The request for an extension provides a
reasonable balance between the needs of the developer and the ability of the City to
assure targeted development.
3060 Centre Pointe Drive ((Phone)) Fax: (651) 697-8555
Roseville, MN 55113-1105 ((Email_Address)>
Page 2 of 2 http://Www.ehiers-inc.mm
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Agenda Information Memo
January 6, 2004 Eagan Economic Development Authority Meeting
V. NEW BUSINESS
B. AUTHORIZATION TO NEGOTIATE FOR THE PURCHASE OF
THE JIM COOPER GOODYEAR PROPERTY IN THE CEDAR GROVE
REDEVELOPMENT AREA
ACTION TO BE CONSIDERED:
To approve authorization for staff to hold discussions with the owner of the
Jim Cooper Goodyear property in the Cedar Grove Redevelopment Area
regarding a voluntary sale to the EDA for future redevelopment purposes.
FACTS:
• The City has taken steps to encourage the redevelopment of the Cedar
Grove Redevelopment Area, including public improvements,
environmental reviews, comprehensive plan and zoning modifications and
the execution of development agreements that are resulting in the
construction of new private development consistent with the City's plans.
• To date, acquisitions of property have primarily focused on areas for which
there is a pending redevelopment project and the City is in the process of
developing a policy and financing plan for acquiring properties in advance
of a pending development.
• While that financing plan is not yet complete, one of the property owners
in the area, Jim Cooper's Goodyear, has purchased property and
constructed a replacement building for its business within the community.
Given the fact that this not only represents an opportunity for the City to
acquire the previous location, but also retains the business and expands
tax base in another part of the City, staff is requesting authorization to
proceed with acquisition negotiations with the property owner at this time.
• A committee of the City Council and staff are addressing a policy for the
acquisition of other properties from willing sellers within the broader
redevelopment area. At such time as additional information is available or
that policy is ready for consideration, it will be brought forward for action.
ATTACHMENTS:
• Are/3amap depicting the Jim Cooper's Goodyear property on page
/3/
Eagan Boundary
IN Street Centerline
Location Map Parcel Area
Building Footprint
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~I 1000 0 1000 2000 Feet
Cedar Grove Redevelopment Area
Old Jim Cooper Goodyear Site
N
I Map Prepared using ERSI ArcView 3.1. Parcel base map data prodded
by Dakota County OKu of GIS and is current as of June 2003.
W E
THIS MAP IS INTENDED FOR REFERENCE USE ONLY
city of Cagan ty of Eagan and Dakota County do not guarantee the accuracy of this information and are S
Community Developrnsnt D.pertr.eM not responsible for errors or omissions.
Agenda Information Memo
January 6, 2004 Eagan Economic Development Authority Meeting
VI. OTHER BUSINESS
There is no other business to come before the EDA at this time.
VII. ADJOURNMENT
ACTION TO BE CONSIDERED:
To adjourn the Economic Development Commission meeting and
reconvene the City Council meeting.
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