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01/20/2004 - City Council RegularAGENDA EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING JANUARY 20, 2004 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA ~~ III. RECOGNITIONS AND PRESENTATIONS A. Recognition of John Kreager's Retirement n ~B. Presentation of the City of Eagan's Storm Water Pollution Prevention Plan IV. CONSENT AGENDA S A. APPROVE MINUTES P~,, B. PERSONNEL ITEMS ~,,,t,C. CHECK REGISTERS APPROVE 2004 Tree Maintenance Contractor Licenses ~~~. APPROVE 2004 Service Station Permit ~'l F. APPROVE 2004 Tobacco Licenses P,~G. APPROVE Application for Lawful Gambling Exempt Permits for Faithful Shepherd Catholic School J~ ~gH. APPROVE Application for Lawful Gambling Exempt Permit for National Wild Turkey Federation ~p /$~ I. APPROVE Application for Lawful Gambling Exempt Permit for Northview Elementary PTA / a3J. APPROVE Proclamation naming January as National Mentoring Month ~~~C. APPROVE Memorandum of Understanding proposed by the Gun Club Lake Watershed Management Organization for the City of Eagan to provide administrative services. ~~~ L. DIRECT Preparation of Ordinance Amendment, Chapter 5, Wine, Beer and Liquor Licensing and Regulation p3~M. APPROVE Temporary On-Sale Liquor License for the Twin Cities Good Time Softball League P3SN. APPROVE Resolution Amending and Restating the Deferred Compensation Plan in the Form of the ICMA Retirement Corporation Deferred Compensation Plan and Trust. ?,370. DECLARE Certain Fire Helmets Surplus Property and Authorize their Donation to the 2001 Vulcan Krewe. fj3g P. AUTHORIZE Preparation of Ordinance Amendment to Modify Chapter 13, Section 13.40, Subd. 3 Entitled A~ "Subdivision Regulations (Platting) regarding Variances. cr0 Q. AUTHORIZE Preparation of Ordinance Amendment to Modify Chapter 4, Section 4.20 Entitled "Placement, Erection, Maintenance of Signs". t~~ R. AUTHORIZE Submittal of Community Development Block Grant Application for FY 2004. y,3 S. AUTHORIZE Preparation of Ordinance Amendment regarding Regulation of Residential Outside Storage ~t~T. AUTHORIZE Preparation of Ordinance Amendment to Chapter 11 regarding Landscaping and Tree Mitigation in the Cedar Grove Zoning District ~`~~. APPROVE Final Payment and Authorize City Maintenance for Contract 02-11 (Dodd Road, Cliff Road to 120` Street -Street Improvements) J;~ ~V. RECEIVE Feasibility Report and Schedule Public Hearing for Project 859 (TH 55 /Lexington Ave. /Blue Gentian / Road -Intersection Improvements) ?W. RECEIVE Feasibility Report and Schedule Public Hearing for Project 877 (Lexington Avenue, Lone Oak Road to TH 55 -Street Improvements) ~~f gX. APPROVE Plans and Authorize Advertisement for Bids for Contract 04-02, (City Wide Street Overlays) g Y. AUTHORIZE the Preparation of an amendment to the City Code, Chapter 10, Section 10.01 (Storage, Deposit and Disposal of Refuse) ~UZ. APPROVE Eight City Joint Powers Agreement for Street Maintenance Contractual Services SAA. APPROVE Extension for Recording Final Subdivision (Wentworth Park) on Slater Road in the NW '/4 of Section 31 C BB. APPROVE Change Order No. 16 -Eagan Community Center S ~iCC. APPROVE Miscellaneous Final Payments -Eagan Community Center ~5p DD. APPROVE Final Payment and Authorize City Maintenance for Contract O1-OS (Cedar Grove Access Modifications // -Intersection Reconfiguration & Street Improvements) p~jQ EE. AUTHORIZE Revisions to Tree Preservation Ordinance f /FF. APPROVE Comments to the Proposed Amendments to the City Of Bloomington Comprehensive Guide Plan for the Airport South District, per the Recommendation of the Eagan Airport Relations Commission ~S(~ GG. RECEIVE Petition to Vacate Public Right-of--Way and Schedule Public Hearing (Silver Bell Road) V. PUBLIC HEARINGS /p g 5 A. VARIANCE -Marcie Tietjen. A Variance request of 3 feet from the required ] 0 foot setback for an addition on Lot Y 24, Block 2, Berkshire Ponds, located at 1973 Covington Lane in the NW '/< of Section 32. ~Q~ B. PROJECT 894, Coachman Land Company !Century Point & Donald Court -Street Improvements VI.// CITY ORGANIZATIONAL BUSINESS 7A. ~~ B. C. ~ 3 :~ D. f' Acting Mayor Official Legal Newspaper City Council Meeting Schedule Council Meeting Procedures ~ y~ E. ~/y ;~. F. Standing Committee Appointments Other City Council Committee Appointments /~1 ~~ G. Commission Appointment Guideline Policy ~ +S~ H. Extension of Commission Appointments to April, 2004 VII. OLD BUSINESS 17~sp~A. CONDITIONAL USE PERMIT AND VARIANCE - Cedarvale Business Center - A Conditional Use Permit for a r pylon sign and a Variance to the setback located at 3402-3938 Cedar Grove Parkway in the NE'/~ of Section 19. (request by applicant to be continued) VIII. NEW BUSINESS ~s'~/A. 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 '/a of Section 9. ~,~~ B. REZONING & PRELIMINARY SUBDIVISION -Manley Land Development - A Rezoning of approximately 30 acres from A, Agriculture to R-1, Single Family Residential and a Preliminary Subdivision (Long Acres) to create 51 lots and one Outlot, located on Biscayne Avenue and Gun Club Road in the SE '/4 of Section 36. f) aOsC. PRELIMINARY SUBDIVISION -Epic Development, LLC - A Preliminary Subdivision (Woodland Place) of ~" approximately 6.32 acres to create 14 single family lots, located at 630 and 660 Cliff Road on the SE corner of Cliff Road and Dodd Road in the NW '/4 of Section 36. IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE X. ADMINISTRATIVE AGENDA ,qqI. BOARD OF ADJUSTMENTS AND APPEALS ISXII. ECONOMIC DEVELOPMENT AUTHORITY XIII. OTHER BUSINESS 7 a~~ A. Resolution Approving Amended and Restated Development Agreement Relating to Tax Increment Financing District No. 1 Between the City of Eagan, Eagan Economic Development Authority and U.S. Home Corporation. ' ~ n a B. Resolution Approving Amended and Restated Preliminary Development Agreement Relating to Tax Increment / Financing District No. 1 Between the City of Eagan, Eagan Economic Development Authority and United Properties. XIV. VISITORS TO BE HEARD (for those persons not on the agenda) XV. ADJOURNMENT XVI. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. ~; city of eagan MEMO MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JANUARY 16, 2004 SUBJECT: AGENDA INFORMATION FOR JANUARY 20, 2004 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the January 20, 2004 City Council agenda, the following items are in order for consideration. Agenda Information Memo January 20, 2004 RECOGNITION & PRESENTATIONS B. CITY OF EAGAN'S STORM WATER POLLUTION PREVENTION PLAN City staff will present a summary of the City of Eagan's Storm Water Pollution Prevention Plan (SWPPP), a requirement of the National Pollutant Discharge Elimination System Phase II (NPDES II) Municipal Separate Storm Sewer Systems (MS4s) permit. Immediately following the presentation and any questions from the City Council, staff will hold an open house meeting in The Eagan Room for the general public. ATTACHMENTS: • Experience Eagan Article (Jan/Feb 2004), pages ~ and ~~ January 20, 2004 City Council Meeting Recognitions and Presentations A. RECOGNITION OF JOHN KREAGER'S RETIREMENT ~ FACTS: • On December 30, 2003 John Kreager retired from the City of Eagan as a Street Maintenance Employee in the Public Works Department. In this position, he was involved in all aspects of the structural repair, maintenance, plowing and cleaning of the City's streets. • After 33% years of dedicated service, John was the City's longest tenured employee at the time of his retirement. ~ John first joined the City on May 15, 1970 when the City's population was only 10,400 (vs. 67,000), the City's annual budget was $214,000 (vs.$22,000,000), i there were only 43 miles of streets (vs. 235) and the Public Works Department consisted of only 7 employees (vs. 53) who were responsible for not only the streets, but also the utilities and parks maintenance functions. j , • John was a dedicated employee who was always energetic and enthusiastic about ,, his job performance and was well respected by his fellow workers and supervisors. It will be very difficult to find a comparable replacement. /~ National Storm Water Program Impacts Eagan Storm water runoff from snowmelt and rainfall is a leading source of water pollution according to the 1996 National Water Quality Inventory, a report informing Congress and the public about general water quality conditions in the United States. Storm water runoff can harm the water quality of rivers, lakes and ponds. Eagan has some 365 lakes and ponds, ultimately discharging into the Minnesota River through storm sewers. A meeting is planned on January 20 for residents to learn what the city is doing and what citizens can do to help preserve and enhance water quality. Failing to preserve surface water quality can modify natural water patterns, destroy aquatic habitats, and elevate pollution levels. Development increases hard surfaces, such as streets, driveways and roofs, thereby increasing runoff from these areas. Pollutants from human activities may be transported by storm water and discharged - untreated - to water resources through storm sewer systems. Common pollutants in runoff include pesticides, fertilizers, oils, metals, bacteria, salt, sediment, litter and other debris. A national storm water program has been designed to reduce the amount of sediment and pollution that enters surface water from storm sewer systems as much as possible. Storm sewer systems typically managed by local cities are referred to as Municipal Separate Storm Sewer Systems (MS4s). Storm water flows associated with MS4s are regulated through the use of National Pollutant Discharge Elimination System (NPDES) permits. NPDES permits are legal documents. Through these permits, cities like Eagan are required to develop a storm water pollution prevention program that incorporates Best Management Practices (BMPs) related to their storm sewer system. The permit system is a result of the Clean Water Act of 1972. Originally managed on a national level by the U.S. Environmental Protection Agency, NPDES permits for cities with a population of at least 10,000 are now implemented by the individual states. In Minnesota, the Minnesota Pollution Contro] Agency (MPCA) issues these permits. While smaller townships, cities, counties and universities may have fewer requirements, cities like Eagan-within "urbanized areas" with more than 50,000 population-are mandatory reporters under the federal law. 3 Even though Eagan has been actively undertaking water quality initiatives since 1990, under the national storm water program, the City is required to develop and follow a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP must contain the following six minimum control measures: • Public education and outreach; • Public participation/involvement; • Illicit discharge, detection, and elimination; • Construction site runoff control; • Post-construction site runoff control; and • Pollution preventionlgood housekeeping. As part of the SWPPP, the City is required hold an annual meeting to encourage public discussion and participation regarding its storm water quality and steps it is taking to address the six minimum control measures. An annual SWPPP report will be submitted to the MPCA after the public meeting. The meeting is scheduled for Tuesday, January 20, 2004, at 6:30 pm in the Council Chambers at City Hall. City staff members will be available at this meeting to summarize the City's program and answer storm water quality related questions. Staff will also receive written and verbal statements concerning the City's SWPPP for further staff review. Prior to the meeting, questions may be addressed by contacting 651-675-5646 or 651-675-5300. A copy of Eagan's SWPPP document maybe examined in advance of the meeting at the Coachman Road maintenance facility, Engineering offices in city hall or on the City's website (www.cityofeagan.com). The minutes of this meeting will be incorporated into the annual report. Agenda Information Memo January 20, 2004 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the January 6, 2004 Listening Session and the January 6, 2004 regular City Council meeting, as presented or modified. ATTACHMENTS: • Minutes of the January 6, 2004 Listening Session are enclosed on page • Minutes of the January 6, 2004 regular City Council meeting are enclosed on pages through ~. S QR MINUTES OF A LISTENING SESSION S ~~ OF THE EAGAN CITY COUNCIL JANUARY 6, 2004 6:00 P.M. The Eagan City Council held a Listening Session on January 6 at 6:00 p.m. In attendance were Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. Craig Murray, Tom King and Donna Curnholm, residents of Weston Hills Drive, expressed concern regarding potential drainage problems with the future development of adjacent property. Councilmembers and staff encouraged the residents to attend a public hearing regarding the proposed development at the Advisory Planning Commission meeting to be held January 27, 2004. The Listening Session adjourned at 6:30 p.m. Respectfully submitted, Mira McGarvey Administrative Secretary /Deputy City Clerk 6 ~R MINUTES OF A REGULAR MEETING OF THE 1 F~ EAGAN CITY COUNCIL Eagan, Minnesota January 6, 2004 A regular meeting of the Eagan City Council was held on Tuesday, January 6, 2004 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 Councilmember Tilley moved, Councihnember Fields seconded a motion to approve the agenda with the additional item of a Special City Council Workshop to be held immediately following this regular meeting. Aye: 5 Nay: 0 CONSENT AGENDA Item B was pulled from the Consent Agenda for discussion. Councihnember Maguire moved, Councihnember Tilley seconded a motion to approve the balance of the Consent Agenda. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the December 16, 2003 regular City Council meeting, the December 16, 2003 Listening Session minutes and the December 8, 2003 special City Council meeting as presented. B. Personnel Items. PULLED FOR DISCUSSION 1. It was recommended to approve the hiring of Margaret Sharp as a part-time guest services rep at the Community Center. 2. It was recommended to approve the hiring of Randy Boyden, Keith Wallace and Brad Champlin as part-time seasonal broomball and boot hockey officials. 3. It was recommended to approve the hiring of Jamie Bewley as a part-time Clerical Technician III/Receptionist for the Police Department. 4. It was recommended to approve the hiring of a person to be recommended as the Facility Operations Supervisor at the Eagan Community Center. 5. It was recommended 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). 6. It was recommended to approve the addition of Section 39 to the City of Eagan Personnel Policy, Report of Loss of Driver's License. 7. It was recommended 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. C. Check Re isg ters• It was recommended to ratify the check registers dated December 18, 2003 and December 25, 2003 as presented. D. Contract Renewal. It was recommended to 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. E. Assessment Study. It was recommended to authorize the firm of TKDA to prepare a Vulnerability Study for the City's Water Supply, Storage and Distribution system. F. Sports/Convention Faciliri License. It was recommended 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. G. General Insurance Renewal. It was recommended to approve the general insurance renewal for the period 7-1-03 to 6-30-04. Eagan City Council Meeting Minutes ~ ^ January 6, 2004 ~ F T Page 2 H. Board of Adjustments and Appeals. It was recommended 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 Variance for property located at 1745 Sartell Avenue. B. Personnel Items. 4. Facilities Operation Coordinator/Community Center. City Administrator Hedges discussed this proposed position and variable scheduling. Councihember Carlson moved, Councilmember Fields seconded a motion to approve the hiring of a person to be recommended as the Facility Operations Supervisor at the Eagan Community Center. Aye: 5 Nay: 0 Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the balance of the Consent Agenda. Aye: 5 Nay: 0 PUBLIC HEARINGS VARIANCE - KAMRUD (4035 CAMBERWELL DRIVE NORTH) City Administrator Hedges introduced this item regarding a request for 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. City Planner Ridley 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 Fields moved, Councilmember Maguire seconded a motion 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. Aye: 5 Nay: 0 POPPLER HOMESTEADS N0.2 (LOT 2, BLOCK 1) EASEMENT VACATION City Administrator Hedges introduced this item regarding a request for the vacation of public drainage and utility easements on Lots 2 and 3, Block 1, Poppler Homesteads No. 2. Public Works Director Colbert 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 Tilley seconded a motion to 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. Aye: 5 Nay: 0 OLD BUSINESS CONDITIONAL USE PERMIT AND VARIANCE -REALTY DESIGNS, INC. City Administrator Hedges provided background information regarding a conditional use permit for a pylon sign, located at 3902-3938 Cedar Grove Parkway which was continued from the December 16, 2003 meeting. City Planner Ridley provided an update regarding 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. Public Works Director Colbert discussed the proposed retaining wall, trail easement and parking lot. He also noted proposed conditions of approval recommended by the Engineering Department. 8 Eagan City Council Meeting Minutes January 6, 2004 ~ d ~+ Page 3 • l /' T Councilmembers and the applicant held a discussion. Councilmember Maguire moved, Mayor Geagan seconded a motion to approve a variance often feet to the sign setback requirement for a sign that is 14' tall and 60 square feet, on property located at 3902 - 3938 Cedar Grove Parkway, subject to the conditions in the APC minutes and the four additional conditions proposed by the Engineering Department. Aye: 2 Nay: 3 Motion failed. After further discussion, it was agreed to continue consideration of this item to allow time for the applicant to submit a visual of the proposed sign. Councihnember Carlson 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 until the January 20, 2004 Council meeting. Aye: 5 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT -HONEY TREE 1sT ADDITION City Administrator Hedges introduced this item regarding 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. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve 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 15L Addition, subject to the following conditions: Aye: 5 Nay: 0 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. CONDITIONAL USE PERMIT - SOWLES PROPERTY City Administrator Hedges stated that applicant has requested this item be continued to the January 20, 2004 City Council meeting. Councilmember Carlson moved, Councilmember Fields seconded a motion to continue consideration of a Conditional Use Permit to allow outdoor storage at 3045 Sibley Memorial Highway to the January 20, 2003. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA 2005 Rates for Eagan Community Center Councilmember Maguire moved, Councilmember Fields seconded a motion to defer discussion of the 2005 rates for the Eagan Community Center to the Operations Committee for recommendation. Aye: 5 Nay: 0 Scheduling of Second City Council Workshop and a City Council Retreat in January. The need for a second Council workshop and a Council retreat in January was discussed. Councilmember Fields moved, Councilmember Maguire seconded a motion to schedule a City Council Retreat on January 22 at 5:30 p.m. at Moon Shine Park Retreat Center, and a City Council Workshop on January 27, 2004 at 5:30 p.m. in the Eagan Room of City Hall. Aye: 5 Nay: 0 9 Eagan City Council Meeting Minutes January 6, 2004 Page 4 DRAFT Councihnember Fields moved, Councilmember Tilley seconded a motion to recess the regular City Council meeting at 7:35 p.m. and immediately convene a meeting of the Economic Development Authority. Aye: 5 Nay: 0 Councilmember Fields moved, Councihnember Tilley seconded a motion to reconvene the regular City Council meeting at 7:40 p.m. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 7:40 p.m. and convene a Special City Council Workshop. 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. /D Agenda Information Memo January 20, 2004 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Part-time Custodian/Community Center-- ACTION TO BE CONSIDERED: To approve the hiring of Dan Schiller as a part-time custodian at the Community Center. Item 2. RetirementlSergeant ACTION TO BE CONSIDERED: ^ To accept the letter of resignation from Sergeant Steve Anselment who will be retiring from the Eagan Police Department in the spring. Item 3. Facilities Operation Supervisor/Community Center NO ACTION IS REQUIRED: In official action at the January 6, 2004 City Council meeting, the Council approved the hiring of a person to be recommended as the Facility Operations Supervisor at the Eagan Community Center. For the Council's information, the name of that person is Heidi Sedlacek. Item 4. Revised Personnel Policy ACTION TO BE CONSIDERED: ^ To approve the updated edition of the City of Eagan Personnel Policy, including the new Section 38.7 for an Individual Health Care Savings Plan for FLSA Non- Exempt Non-Collective Bargaining employees, Compensation Ranges G-I, who are scheduled to work thirty or more hours per week. FACTS: During the last year, the Council has officially approved a number of revisions and additions to the City's Personnel Policy. Staff has created a new, revised edition of the Personnel Policy Document which will be distributed to all employees which includes all the new language. It would be appropriate at this time for the Council to approve the revised document as a whole. // Agenda Information Memo January 20, 2004 Eagan City Council Meeting ^ The only new language which has not been previously approved by the Council concerns the individual Health Care Savings Plan (HCSP) for FLSA Non-Exempt Non-Collective Bargaining employees, Compensation Ranges G-I, who are scheduled to work thirty or more hours per week. ATTACHMENT: Attached on page ~_ is a copy of the proposed Personnel Policy Addition for the HCSP for FLSA Non-Exempt Non-Collective Bargaining employees, Compensation Ranges G-I, who are scheduled to work thirty or more hours per week. A copy of the complete updated Personnel Policy is attached without page number for the Council's review. /~ 38.7 FLSA Non-Exempt Non-Collective Bargaining Employees, Compensation Ranges G-I ,who are scheduled to work thirty or more hours per week. 38.7.1 Salary Deduction: 1 % of an employee's gross salary will be allocated to the Health Care Savings Plan (HCSP). 38.7.2 Severance: If an employee in this group voluntarily separates from the City, a contribution of 75% of severance will be allocated to the Health Care Savings Plan . (Severance shall be defined as per Section 14.7 of the Personnel Policy) 38.7.3 Plan Provisions: This group's HCSP shall be reviewed by the group every two years. 38.7.4 Effective Date: The plan will go into effect on the third paycheck of January 2004. l3 Agenda Information Memo January 6, 2004 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated January 9, 2004 and January 15, 2004 as presented. ATTACHMENTS: Check registers dated January 9, 2004 and January 15, 2004 are enclosed without page number. /Y Agenda Memo January 20, 2004 CONSENT AGENDA: D. Tree Maintenance Contractor Licenses ACTION FOR CONSIDERATION: Approve Tree Maintenance Contractor Licenses for: Rainbow Tree Care 2239 Edgewood Avenue St. Louis Park, MN 55426 Ciardelli Tree & Landscaping 12441 Coffee Train Rosemount, MN 55068 FACTS: • All application requirements have been met and fees paid • Staff deems the applications for Tree Maintenance Licenses in order for approval ATTACHMENTS: None ~~ Agenda Memo January 20, 2004 CONSENT AGENDA: E. 2004 Service Station Permit ACTION FOR CONSIDERATION: Approve a Service Station Permit for Kath Fuel Oil Service Co., 3575 Pilot Knob Road. FACTS: • All requirements of the application have been met and fees have been paid. • Staff deems the Service Station Permit in order for approval. ATTACHMENTS: None /b Agenda Memo January 20, 2004 CONSENT AGENDA: F. Tobacco Licenses ACTION FOR CONSIDERATION: Approve Tobacco Licenses for: Axels Bonfire Restaurant 1555 Cliff Road Eagan, MN 55122 Kath Fuel Oil Service Co. (Gas Plus 18) 3575 Pilot Knob Road Eagan, MN 55121 FACTS: • All application requirements have been met and fees paid • Staff deems the applications for Tobacco Licenses Licenses in order for approval ATTACHMENTS: None /7 Agenda Memo January 20, 2004 CONSENT AGENDA: G. Lawful Gambling Exempt Permits for Faithful Shepherd Catholic School H. Lawful Gambling Exempt Permit for National Wild Turkey Federation I. Lawful Gambling Exempt Permit for Northview Elementary PTA ACTION FOR CONSIDERATION: G. Approve Lawful Gambling Exempt Permits for Faithful Shepherd Catholic School to conduct bingo on February 6, 2004 and Apri124, 2004 at 3355 Columbia Drive. H. Approve Lawful Gambling Exempt Permit for the National Wild Turkey Federation to conduct a raffle on March 11, 2004 at 2280 Cliff Road. I. Approve Lawful Gambling Exempt Permit for the Northview PTA to conduct a raffle on February 20, 2004 at 965 Diffley Road. FACTS: • All requirements of the Gambling Control Board application have been met for each event. • The Police Department has reviewed each application and finds no reason to deny the requests. • Staff deems the Lawful Gambling Exempt Permits in order for approval. ATTACHMENTS: Resolutions approving the exempt permits are attached as pages ~ through 1g RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING PERMIT FAITHFUL SHEPHERD CATHOLIC SCHOOL WHEREAS, the Faithful Shepherd Catholic School has applied for an Exemption from Lawful Gambling Permit; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Exemption from Lawful Gambling Permit for the Faithful Shepherd Catholic School to conduct a raffle on Apri124, 2004 at 3355 Columbia Drive in Eagan. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion by: Seconded by: Those in Favor: All Those Against: None Date: January 20, 2004 CERTIFICATION I, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 20th day of January, 2004 Maria Petersen, City Clerk /9 RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING PERMIT FAITHFUL SHEPHERD CATHOLIC SCHOOL WHEREAS, the Faithful Shepherd Catholic School has applied for an Exemption from Lawful Gambling Permit; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Exemption from Lawful Gambling Permit for the Faithful Shepherd Catholic School to conduct a raffle on February 6, 2004 at 3355 Columbia Drive in Eagan. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion by: Seconded by: Those in Favor: All Those Against: None Date: January 20, 2004 CERTIFICATION I, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 20`h day of January, 2004 Maria Petersen, City Clerk ao RESOLUTION CITY OF EAGAN GAMBLING CONTROL BOARD PREMISE EXEMPT PERMIT FOR NATIONAL WILD TURKEY FEDERATION TWIN TOMS CHAPTER WHEREAS, the National Wild Turkey Federation/Twin Toms Chapter has applied for a gambling control board premise exempt permit for a raffle to beheld March 11, 2004 at 2280 Cliff Road and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the gambling control board premise exempt permit for a raffle to be held March 11, 2004 at 2280 Cliff Road CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion by: Seconded by: Those in Favor: All Those Against: None Date: January 20, 2004 CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 20`h day of January, 2004. Maria Petersen, City Clerk ai RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING PERMIT NORTHVIEW ELEMENTARY SCHOOL PTA WHEREAS, the Northview Elementary School PTA has applied for an Exemption from Lawful Gambling Permit; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Exemption from Lawful Gambling Permit for the Northview Elementary School PTA to conduct a raffle on February 20, 2004 at 965 Diffley Road in Eagan. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion by: Seconded by: Those in Favor: All Those Against: None Date: January 20, 2004 CERTIFICATION I, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 20th day of January, 2004 Maria Petersen, City Clerk 02 d~ Agenda Memo January 20, 2004 CONSENT AGENDA: J. National Mentoring Month ACTION FOR CONSIDERATION: Approve Proclamation naming January as National Mentoring Month FACTS: ~ Dawn Scouton, representing the mentoring program Kids' n Kinship has requested the Council proclaim January as National Mentoring Month in Eagan. • Kids' n Kinship is a program that has a positive effect on children in this area and the adults that mentor them. ATTACHMENTS: • A copy of the proposed proclamation is attached as page number ~. a3 CITY OF EAGAN PROCLAMATION NATIONAL MENTORING MONTH WHEREAS, Young people who have mentors have a better chance of succeeding and are more likely to make positive choices; and WHEREAS, Research shows volunteer mentors can play a powerful role in reducing risky adolescent behaviors such as drug and alcohol abuse and youth violence, while greatly enhancing a young person's prospects for leading a healthy and productive life; and WHEREAS, In Minnesota, there are an estimated 450,000 young people who could benefit from an adult mentor; and WHEREAS, With the support of businesses, communities, and caring adults we can help introduce a child to new ideas and opportunities through mentoring; and THEREFORE, in the great State of Minnesota, which celebrates the thousands of adult mentors already volunteering, and in our determined efforts to recruit new mentors, we proclaim January 2004 as National Mentoring Month in Eagan, Minnesota. CITY OF EAGAN By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: All Those against: None Date: January 20, 2004 CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 20`h day of January, 2004. Maria Petersen, City Clerk a~ Agenda Information Memo January 20, 2004 Eagan City Council Meeting K. APPROVE MEMORANDUM OF UNDERSTANDING PROPOSED BY THE GUN CLUB LAKE WATERSHED MANAGEMENT ORGANIZATION FOR THE CITY OF EAGAN TO PROVIDE ADMINISTRATIVE SERVICES. ACTION TO BE CONSIDERED: Consider memorandum of understanding proposed by the Gun Club Lake Watershed Management Organization for the City of Eagan to provide administrative services. FACTS: In the mid 1980s, the Gun Club Lake Watershed Management Organization (GCLWMO) was established by joint powers agreement between the cities of Eagan, Mendota Heights, and Inver Grove Heights. Until a recent change in state law, staff from member cities served on the GCLWMO's board of managers. Now that staff can no longer serve on such boards, cities have appointed residents to represent them-three board managers are from Eagan, and there is one manager from each of the other two member cities. • For the past year since its transition to a non-staff board of managers, the organization has been conducting its business with administrative support from the City of Eagan, which formally chaired and coordinated the GCLWMO. • At its December 3, 2003 meeting, the WMO board unanimously adopted a motion to propose a memorandum of understanding with the City of Eagan in order to formalize the administrative services provided the organization (see attachment). • The services proposed to be provided by the City are very consistent with the historical services provided by the City. • At its December 15, 2003 meeting, the Advisory Parks Commission considered this item for a recommendation. • At the December 16, 2003 City Council meeting, the Council continued the item in order to view the WMO's 2004 budget, including proposed revenues and expenditures. • The GCLWMO budget was included in the Council's January 16 Additional Information memo, and per the direction of the Council, is again included on the consent agenda. Attachment: Enclosed on pages ~ through ~ is the proposed Memorandum of Understanding with the GCLWMO. Enclosed on page ~is the 2004 budget for the GCLWMO. as MEMORANDUM OF UNDERSTANDING MEMORANDUM OF UNDERSTANDING entered into this day of , 2003, by and between the CITY OF EAGAN and the GUN CLUB LAKE WATERSHED MANAGEMENT ORGANIZATION ("Gun Club Lake WMO"). RECITALS A. The Gun Club Lake WMO is a Joint Powers Watershed Organization formed by the cities of Eagan, Inver Grove Heights, and Mendota Heights pursuant to authority conferred upon the Cities by Minn. Stat. §§471.59 and 103B.211. B. Pursuant to the Joint Powers Agreement, the Gun Club Lake WMO may employ such persons as it deems necessary to accomplish its duties and powers. C. Pursuant to the Joint Powers Act, the Gun Club Lake WMO may make contracts, incur expenses, and make expenditures necessary and incidental to the effectuation of its purposes and powers. D. In order to provide for the responsible management and administration of its duties and responsibilities, the Gun Club Lake WMO wishes to contract with the City of Eagan for personal services, and the City of Eagan is willing to provide those services. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. ADMINISTRATIVE SERVICES. The City of Eagan will assign a staff member to serve as Administrator of the Gun Club Lake WMO, and provide additional assistance to that individual necessary for the efficient execution of the duties contemplated by this Memorandum of Understanding. 2. DUTIES OF ADMINISTRATOR. The person assigned by the City of Eagan as Administrator for the Gun Club Lake WMO shall coordinate and assist in the preparation of meeting agendas and materials, grant application and related documents, consultant contracts and work assignments, planning and ~,E capital projects, and other activities authorized by the Gun Club Lake WMO Board. 3. CONFLICTS WITH CITY OF EAGAN RESPONSIBILITIES. It is understood by the parties to this agreement that the person assigned as Administrator may be assigned conflicting duties and responsibilities from the Gun Club Lake WMO Board and the City of Eagan that may necessitate the adjustment of schedules or expectations. Conflicts of this nature shall be resolved to the extent practical by the person assigned, but in other eventuality through communications between the Gun Club Lake WMO Board Chair and the City of Eagan staffperson's supervisor (or City Administrator). 4. COSTS AND EXPENSES. The City of Eagan will periodically bill the Gun Club Lake WMO for its costs in providing these personal services in accordance with a fee schedule established by the City of Eagan, which shall be provided to the Gun Club Lake WMO. To the extent practical, the City of Eagan shall also provide an estimate in advance of the annual expected costs to allow the Gun Club Lake WMO to appropriately budget for the projected expenditures. 5. TERM. This Agreement shall terminate upon either of the parties providing 60 days written notice to the other of its intent to terminate this Agreement. 6. EFFECTIVE DATE. This Agreement shall be effective upon its approval and execution by the City of Eagan and the Gun Club Lake WMO. CITY OF EAGAN GUN CLUB LAKE WATERSHED MANAGEMENT ORGANIZATION BY: BY: Its Mayor Its Chairperson AND AND Its Administrator Its Secretary a~ GUN CLUB LAKE WATERSHED MANAGEMENT ORGANIZATION 2004 BUDGET 12/31/2003 2002 2003 2003 REVENUES ACTUAL BUDGET ACTUAL (12/13/02) (12/31/03) Transfer from Reserve Fund $14,035.16 $38,310.49 $39,118.27 Eagan $9,146.05 $10,500.00 $9,168.32 Mendota Heights $570.32 $1,000.00 $552.85 Inver Grove Heights $283.63 $500.00 $278.83 Interest $12.29 $100.00 $11.71 Insurance Dividend $500.00 $683.00 Dakota Cty. Grant $8,645.00 $8,000.00 Fen & Stream Restoration MN DNR Grant $12,600.00 $12,500.00 Lower MN River Watershed District $6,300.00 Eagan $6,300.00 Met Council Divider Curtain Study $1,085.00 Sedimentation Study $16,000.00 TOTAL $74,977.45 $71,410.49 $49,812.98 2004 BUDGET (adopted 6/25/03) $35,000.00 $10,500.00 $1,000.00 $500.00 $100.00 $500.00 $8,000.00 $12,500.00 $68,100.00 EXPENDITURES Engineering Consulting Services General (Meetings Etc.) $2,458.00 $3,000.00 $4,006.50 $5,000.00 Newsletter $6,160.86 $3,500.00 $2,907.25 $4,000.00 Watershed Plan Preparation/Review $361.25 $4,000.00 $282.00 $4,000.00 Sedimentation Study/Implementation $3,732.00 $0.00 Fen & Stream Restoration $18,912.00 Fen & Stream Restoration Phase II $25,000.00 $12,500.00 Annual WMO Report $653.16 $1,000.00 Vermillion/Gun Club Boundary Changes $4,000.00 Grant Participation Phase II Rules Planning $3,000.00 $1,463.00 Legal Services General $1,337.50 $2,000.00 $3,258.00 $2,000.00 Vermillion/Gun Club Boundary Changes $3,000.00 Insurance $2,103.00 $2,200.00 $2,280.00 $2,200.00 Financial Audit $950.00 $1,000.00 $1,000.00 $1,000.00 Admin. Staff Services $652.35 $500.00 $919.44 $750.00 Conferences $1,000.00 $1,000.00 Contingency $1,000.00 $18.15 $1,000.00 TOTAL $36,666.96 $46,200.00 $16,769.35 $41,450.00 Funds Available: $25,210.49 $33,043.63 i ~~ . Agenda Information Memo January 20, 2004 L. DIRECT PREPARATION OF ORDINANCE AMENDMENT, CHAPTER 5, WINE, BEER AND LIQUOR LICENSING AND REGULATION ACTION TO BE CONSIDERED: To direct the City Attorney's office to prepare an ordinance amendment to Chapter 5, Wine, Beer and Liquor Licensing and Regulation. BACKGROUND: Legislative changes to Minn. Stat. 340A, governing liquor licensing and regulation, and basic housekeeping matters have prompted staff to seek an ordinance amendment to Eagan City Code Chapter 5, Beer, Wine and Liquor Licensing and Regulation. A summary of the suggested changes is identified below followed by a more detailed explanation of each: To consider allowing 3.2% off-sale malt liquor sales to occur unti12:00 a.m. and clarify existing City Code language to allow 3.2% on-sale establishments to serve alcohol unti12:00 a.m., as previously approved by Council on July 15, 2003. To consider increasing the amount of insurance required for temporary liquor licensees and clarify language pertaining to insurance requirements for temporary beer licensees and temporary liquor licensees. To clarify language regarding holiday hours and days of liquor sales. HOURS OF 3.2 PERCENT MALT LIQUOR SALES FACTS: • On July 15, 2003, the City Council approved an ordinance amendment to coincide with new statutory language to allow intoxicating liquor and 3.2% malt liquor on- sale establishments to stay open unti12:00 a.m. • Inadvertently, Section 5.34 of the City Code pertaining to 3.2% sales was not changed to reflect the new hours for on-sale 3.2% establishments as authorized by Council. • Additionally, at that time, staff understood the change to affect only on-sale establishments; however, after anoff--sale 3.2% malt liquor establishment contacted the City regarding the hours of off-sale malt liquor establishments, it was determined that the change to state law allows both on and off-sale 3.2% liquor sales to occur unti12:00 a.m. • The ordinance amendment would correct the oversight regarding the on-sale hours of 3.2% malt liquor thereby allowing establishments to sell 3.2% malt liquor unti12:00 a.m. It would also allow off-sale hours for 3.2% malt liquor to be extended to 2:00 a.m. ~9 INSURANCE REQUIREMENTS FOR TEMPORARY BEER AND LIQUOR LICENSEES FACTS: Last year, staff was contacted by a representative of the Eagan Lion's Club who requested the insurance requirements for temporary license holders be increased. Apparently, the Minnesota Joint Underwriting Association will only issue an insurance policy for the amount required by the agency issuing the license. Currently, the City Code contains a provision which allows the Council to grant a temporary liquor license on premises owned by the City. The insurance required is $100,000 for injury to any one person, $300,000 for injury to more than one person and $25,000 for property damage. According to the Lion's Club representative, increasing the base limits does not significantly increase premiums. The Lion's Club does not feel that the City's limits are sufficient should an incident occur. The suggested insurance requirements made by the Lion's Club were $300,000 for injury to any one person and either $500,000 or $600,000 for injury to more than one person. Regarding insurance requirements, there is an insurance provision for the temporary liquor licensees in the Code; however, there is nothing explicit in the section pertaining to temporary beer licensees. As clarification, staff is requesting language be included for both types of temporary licenses. HOLIDAYHOURS AND DAYS OF LIQUOR SALES FACTS: • Staff is requesting the Council consider amending City Code language regarding holiday hours and days of liquor sales because of the confusion it has posed in the past. There is no change proposed in the hours and days of sales. The change is for clarification purposes only. The draft ordinance amendment will be placed on the February 3, 2004 City Council meeting. Notice of the ordinance amendment will be sent to all affected licensees informing them of the proposed changes. ATTACHMENTS: A matrix showing current and proposed hours of sales is enclosed on page 3d GC 0 a~ O ~ r + ~ + ~ ~ i.r p ~ p N «3 6" .y, y N y a ~ ~"'~ ~ {7 ~ ~ ti y ~ ~ p p b ~ ~ ~ ~ yN y :: ~ U ~ -o ~~ R o ~ Q ~ o~ a o o ~ ~ ~ e a a ~ a~ x ,~~ ~~ y 'a" ; ~ o o ~ x ~ ~ °.: x ~ ~ i Q UQ ~~ Wp Uv ., ~ ~ ~ .~ ~ + ~+ ~ ~ U ~ •~ y y ~ ~ ~ ~ ~ ~ ~ O G N ~ ~ G ~ ~ ~ N o 0 0 0 ~~ ~, U ~ ~ ~ ~ ~ ~ 3~~~~,N ~ c ~ a~ +.+ • I o ~ ~ ~ • a• o ci. U ~ ~ o ~ ~ N ~ .a O ~ U y cd }+ O ~ ~ ~" ~ ~ ~ • _ ~ 4, ~ pU ~ O O v~ O •~ ~ d" O N cC Q~ N :: N ~~~ ~ N r•.p3'~„Men ~ ~' ~~ •~ o •5 ~ ~b c o ~ 3 ~ ~ . ~ ~ ~ ~ ~ ~ ~ ~ ~ U o N ~ .~ '~ o ~ a" ~ ~ a i a i 3aaaa i ~ a ~ a ~, ~ p~~ ~... ~b a a 3 ~; ~ ~ .~ °o ~ ~ ° ~ ~ ~ ~i 3 c~i c ~ . U e~ ~ o0 oc y ~ °• °o N N ~ ~ ~ N .--~ ~• ~ bq ~ ~ ~ ~ ~'' V O ~ '~ ~ cyd V ~ O ~ v 'o ~ ,~" y ~C ~, .d" o •~ ,~ ~ ~3 ~ .a ~ h ~ ~ ~ N ~ ~ ~ 4~ ~ ~ o 4r N ~~ Agenda Information Memo January 20, 2004 M. APPROVE TEMPORARY ON-SALE LIOUOR LICENSE FOR THE TWIN CITIES GOOD TIME SOFTBALL LEAGUE ACTION TO BE CONSIDERED: To approve a temporary on-sale liquor license for the Twin Cities Good Time Softball League. FACTS: • The Twin Cities Good Time Softball League, anon-profit organization based in Minneapolis, has applied for a temporary on-sale liquor license to allow the sale of strong beer at their softball tournament, the North Star Classic, scheduled for May 29 and 30, 2004 at the Lexington-Diffley Athletic Fields. An alternate location for the tournament is the Northview Athletic Fields. • The North Star Classic tournament was held in the City of Bloomington in 1996, 1998, 2000 and 2002. The organization was granted a temporary liquor license by the city to allow alcohol sales at this event. • A portion of the tournament proceeds will be donated to Camp Heartland, a camp for children infected with, and affected by, HIV. • It should be noted that this is the first request for alcohol sales in one of the City's parks, which is not related to a community festival, i.e. beer sales by the Lion's Club at the Central Park for the Fourth of July celebration. • Staff, including the City Clerk and the Superintendent of Recreation, met with representatives of the organization to discuss the requirements pertaining to temporary on-sale liquor licensees. • The organization has met the requirements of temporary on-sale liquor licensees, has submitted the required documentation and paid the appropriate fee. The application has been reviewed by staff and the Police Department and has been deemed in order for approval. • Following Council approval, the application will be forwarded to the Department of Public Safety/Liquor Control Division for their approval. ATTACHMENTS: • Information required of temporary liquor licensees enclosed on pages .through ~a Temporary On-site Liquor License Site Plan Tournament committee has reviewed the field area for the best site of a beer garden. We will tape off the grounds azound the pavilion located at the Lexington- Diffley Athletic Fields. Our beer truck will be located in the parking lot adjacent to the pavilion. Grounds around the pavilion will be closed off for beer sale and consumption in the designated beer garden. If we move the tournament to the Northview Athletic Fields, then we will designate the area by field #6 next to the rest rooms with the beer truck parked in the parking lot. Grounds between the rest rooms, pazking lot and field will be closed off for beer sale and consumption in the designated beer garden. Temporary On-site Liquor License Hours of Operation The North Staz Classic softball tournament is a two-day toumament, Saturday May 29~' and Sunday May 30~'. Proposed hours for beer sales will be 12:OOPM (noon) to S:OOPM both Saturday and Sunday. All beer must be consumed by the 5:30PM closing of the beer gazden. Securi Security will be provided by tournament staff consisting of individuals who work security in the bar industry. All security personnel will complete alcohol beverage service training. Proposal is for two security workers, one to check identification at the entrance and the other to patrol the area to monitor crowd control and public safety in the beer gazden. All individuals entering the beer garden must have valid photograph identification to prove they aze age 21 or older. After proof of identification, security will issue a wristband which must be worn to purchase alcohol. The entrance to the beer garden will be posted with a sign stating `moo one under the age of 21 is allowed in the beer gazden". On-site Manager On-site managers will be provided by tournament staff consisting of individuals who aze managers in the bar industry. All individuals, managers and sellers, will complete alcohol beverage service training. 3 ~} Agenda Information Memo January 20, 2004, Eagan City Council Meeting N. ADOPT A RESOLUTION AMENDING AND RESTATING THE DEFERRED COMPENSATION PLAN IN THE FORM OF THE ICMA RETIREMENT CORPORATION DEFERRED COMPENSATION PLAN AND TRUST ACTION TO BE CONSIDERED: To adopt a resolution amending and restating the deferred compensation plan in the form of the ICMA retirement corporation deferred compensation plan and trust. FACTS: • In 1985 the City Council approved the establishment of a deferred compensation plan with the ICMA Retirement Corporation. • As part of the Administrative Services Agreement, the ICMA Retirement Corporation maintains and administers the Plan in compliance with the requirements for eligible deferred compensation plans under Section 457 of the Internal Revenue Code. • The IRS recently issued final regulations related to the Economic Growth and Tax Relief Reconciliation Act of 2001. • The enactment of the IRS regulations requires changes to the structure of and allows enhancements of the benefits of the deferred compensation plan that are incorporated into the amended and restated plan. ATTACHMENTS: • Enclosed on page ~3,~j is a copy of the resolution amending and restating the deferred compensation plan in the form of the ICMA retirement corporation deferred compensation plan and trust. 3s CITY OF EAGAN RESOLUTION A RESOLUTION AMENDING AND RESTATING THE DEFERRED COMPENSATION PLAN IN THE FORM OF THE ICMA RETIREMENT CORPORATION DEFERRED COMPENSATION PLAN AND TRUST WHEREAS, the City of Eagan (the "City") has employees rendering valuable services; and WHEREAS, the City has established a deferred compensation plan for such employees that serves the interest of the City by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the City has determined that the continuance of the deferred compensation plan will serve these objectives; and WHEREAS, amendments to the Internal Revenue Code have been enacted that require changes to the structure of and allow enhancements of the benefits of the deferred compensation plan; NOW THEREFORE BE IT RESOLVED that the City hereby amends and restates the deferred compensation plan (the "Plan") in the form of the ICMA Retirement Corporation Deferred Compensation Plan and Trust; BE TT FURTHER RESOLVED that the assets of the Plan shall be held in trust, with the City serving as trustee ("Trustee"), for the exclusive benefit of Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. Indicia of the Trustee's beneficial ownership of Plan assets held in VantageTrust further shall be held for the exclusive benefit of the Plan participants and their beneficiaries; BE IT FURTHER RESOLVED that the City hereby agrees to serve as Trustee under the Plan. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 20th day of January, 2004. Maria Petersen, Clerk Agenda Information Memo January 20, 2004, Eagan City Council Meeting O. TO DECLARE CERTAIN FIRE HELMETS SURPLUS PROPERTY AND AUTHORIZE THEIR DONATION TO THE 2001 VULCAN KREWE ACTION TO BE CONSIDERED: To declare certain fire helmets surplus property and authorize their donation to the 2001 Vulcan Krewe. FACTS: • Certain fire helmets remaining in the City's inventory do not meet OSHA and NFPA standards and are no longer fit for fire service. • The helmets have no salvage value. • The 2001 Vulcan Krewe of the St. Paul Winter Carnival intends to use the helmets for parade purposes only in their role as cast characters associated with the Carnival. • The 2001 Vulcan Krewe is agreeing to hold the Eagan Fire Department harmless from any actions resulting from use of the helmets. ATTACHMENTS: • Attached on page J a is a copy of a letter from the 2001 Vulcan Krewe requesting the donation of the helmets and agreeing to hold the Eagan Fire Department harmless from any use of the helmets. 39 December 12, 2003 2001 ~u~carr ~.re~oe ~uYrattu5 ~R.Qx ~.3~f~l~.b ~dt[]lIe~ ~eUYeIi Bob Kriha Fire Chief Eagan, Minnesota Dear Bob: The purpose of this letter is to request the donation of helmets that do not meet OSHA requirements to the 2001 Vulcan Krewe of the St Paul Winter Carnival. ~aratt dot ~pari~us The 2001 Vulcan Krewe intends to use the helmets for ~ ~~rittte ~~7iui5tzr) parade purposes only in our role as cast characters ~'ohn ~iUiman associated with the St Paul Winter Carnival. In no way, do we intend to utilize the helmets as protective gear. ~'rter-~1 ~~am~Dtl~ This letter also serves as a release of the Eagan Fire ~'ofjn ~$la~[obugki Department for any future liability associated with the use of the helmets. The gift of the helmets to the 2001 ~'.+~?t?~i of :~~~je5 Vulcan Krewe would be unconditional except for the tot QCottlJi~reUa fact that the 2001 Vulcan Krewe would hold the Eagan Fire Department harmless for any future action. ~~ L t n [ P D ~ ~ D D t The 2001 Vulcan Krewe sincerely appreciates your ~itDe ~anie[gon willingness to donate the helmets for this interesting community venture. +8rana ~uYte ~'ertiCiouS Q~{rne ~agattD Hail the Vulc! ~k ur;e fli ~linl{er C,,t,/ doe ~ogei ~~~ Joe Werden, EB O1 ctLDUnt Q~tnbriDUS 2001 Vulcan Krewe ~'oe ~erDen 3 8' Agenda Information Memo January 20, 2004 Eagan City Council Meeting P. ORDINANCE AMENDMENT -CITY OF EAGAN ACTION TO BE CONSIDERED: To direct the City Attorney's office to prepare an Ordinance Amendment suitable for publication to modify Chapter 13, Section 13.40, Subd. 3 regarding Variances. FACTS: - The City's update of Chapter 11 (Zoning) included updating the stated process for Variance requests. Chapter 13 (Subdivision & Platting) also has a Variance procedure that is now conflicting with the City process found in Chapter 11. - The City Attorney is suggesting that Chapter 13 be modified so the Variance process is consistent between chapters of the City Code. ISSUES: None ATTACHMENTS: None 39 Agenda Information Memo January 20, 2004 Eagan City Council Meeting Q. ORDINANCE AMENDMENT -CITY OF EAGAN ACTION TO BE CONSIDERED: To direct the City Attorney's office to prepare an Ordinance Amendment suitable for publication to modify Chapter 4, Section 14.20 regarding signs. FACTS: - The City's update of Chapter 11 (Zoning) included moving "Placement, Erection, Maintenance of Signs" from Chapter 4 to Chapter 11. - The adoption of the Chapter 11 update was accomplished last year; however, the subsequent action to remove the "Placement, Erection, Maintenance of Signs" section from Chapter 4 did not occur. - This action will remove a redundant City Code section. ISSUES: None ATTACHMENTS: None 7d Agenda Information Memo January 20, 2004 Eagan City Council Meeting ~? COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR FISCAL YEAR 2004 ACTION TO BE CONSIDERED: To adopt a resolution authorizing the City Administrator to submit the Community Development Block Grant (CDBG) Program applications for 2004 to the Dakota County Community Development Agency. FACTS: The CDBG fiscal year begins July 1. The US Department of Housing and Urban Development (HUD) provides block grant funding for programs that conform to national objectives and eligible activities that meet CDBG Program regulations. Eagan's FY 2004 available funding amount will be approximately $263,000. The City also has unexpended balances in the fund from previous years that total just over $10,000 for a total available for 2004 of $273,300. At its workshop meeting of January 6, 2004, the City Council reviewed a range of options and gave direction to allocate $262,300 to blight removal activities in the Cedar Grove Redevelopment Area and $11,000 to youth and family programming for qualified participants in the Parks and Recreation Department. The Council indicated at that time that continued acquisition and redevelopment of properties in Cedar Grove is a top priority. The Dakota County CDA administers the CDBG program and will review and forward the City's desired funding allocations to HUD for approval. ATTACHMENTS: • Resolution on page 7 ~f/ CITY OF EAGAN DAKOTA COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE APPLICATION OF THE CITY OF EAGAN FOR FISCAL YEAR 2004 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING BE IT RESOLVED by the City Council of the city of Eagan as follows: 1. The City Administrator is authorized to submit the attached application to Dakota County for a Community Development Block Grant in Fiscal Year 2004. 2. The application is approved by the City Council and the Mayor and City clerk are authorized to execute it on behalf of the City of Eagan. 3. That the Dakota County CDA be designated as the administrative entity to carry out the program on behalf of the City. Adopted by the City Council of the City of Eagan this 20th day of January , 2004. Ayes: Nayes: Pat Geagan, Mayor ATTEST: Maria Petersen, City Clerk ~a Agenda Information Memo January 20, 2004 Eagan City Council Meeting S. ORDINANCE AMENDMENT -CITY OF EAGAN ACTION TO BE CONSIDERED: To direct staff to work with the Advisory Planning Commission to prepare a draft Ordinance Amendment and bring said amendment through the Public Hearing process. FACTS: - At their January 6, 2004 Special Meeting, the City Council generally discussed residential outdoor storage and suggested ascaled-back approach to regulations about same. - Staff is looking for direction to work with the APC to prepare the amendment and hold the Public Hearing for an amendment to Chapter 11. ISSUES: None ATTACHMENTS: (None) ~3 Agenda Information Memo January 20, 2004 Eagan City Council Meeting T. ORDINANCE AMENDMENT -CITY OF EAGAN ACTION TO BE CONSIDERED: To direct staff to work with the Advisory Planning Commission to prepare a draft Ordinance Amendment to Chapter 11, relative to landscaping and tree mitigation requirements in the Cedar Grove Zoning District (CGD). FACTS: - At their January 6, 2004 Special Meeting, the City Council discussed the impacts of landscaping and tree preservation in relation to "new urban" development and its associated densities. - Staff is looking for direction to work with the APC to prepare the amendment and hold the Public Hearing for an amendment to the CGD portion Chapter 11. ISSUES: None ATTACHMENTS: (None) ~v Agenda Information Memo January 20, 2004 U. CONTRACT 02-11, DODD ROAD -CLIFF RD TO 120TH STREET STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 02-11 (Dodd Road, Cliff Road to 120`'' Street -Street and Utility Improvements) in the amount of $150,162.33 to Northdale Construction Company, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: • Contract 02-11 provided for the upgrade of Dodd Road, from Cliff Road to 120t'' Street, from a rural design to an urban design, including a trail. The improvements included the installation of sanitary sewer, water main and storm sewer. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. !~S Agenda Information Memo January 20, 2004 V. PROJECT 859, TH 55/LEXINGTON AVEBLUE GENTIAN RD INTERSECTION RECONFIGURATION ACTION TO BE CONSIDERED: Receive the draft feasibility report for Project 859 (Trunk Highway 55/Lexington AvenueBlue Gentian Road - Intersection Reconfiguration) and schedule a public hearing to be held on March 2, 2004. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: • On September 2, 2003, the City Council authorized the preparation of a feasibility report considering the reconfiguration of the intersection of Trunk Highway (TH) 55 and Lexington Avenue/Blue Gentian Road. • TH 55 is a principal arterial through the northeastern corner of Eagan. The proposed intersection improvements are in conformance with an Alternative Urban Areawide Review (AUAR) completed for the Grand Oak Business Park in1998 and currently being updated. • The proposed improvements would provide full access to TH 55 from Blue Gentian Road, which currently is limited to right-out only movements, and an additional lane for northbound Lexington Avenue, allowing two dedicated left-turn lanes to TH 55. • The reconfiguration of this TH 55 intersection was programmed for 2004 in the City of Eagan's 5-Year Capital Improvement Program (2004-2008). • Recently, City staff was notified that their application to receive Cooperative Agreement funding through MnDOT for fiscal year 2005 (7/1/04 - 6/30/05) was successful. At the writing of this report, MnDOT has allocated the funding for 2004. • A draft feasibility report has been completed consisting of the street and traffic signal improvements associated with the intersection reconfiguration and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. • An informational neighborhood meeting will be scheduled to review the feasibility report details with the property owners in the adjacent area and general public prior to the Public Hearing to further review and discuss the proposed improvements. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. ~~ Agenda Information Memo January 20, 2004 W. PROJECT 877, LEXINGTON AVE - TH 55 TO LONE OAK RD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the draft feasibility report for Project 8'77 (Lexington Avenue, Trunk Highway 55 to Lone Oak Road -Street, Utility & Trail Improvements) and schedule a public hearing to beheld on March 2, 2004. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: • On September 2, 2003, the City Council authorized the preparation of a feasibility report considering the rehabilitation of Lexington Avenue, a County State Aid Highway, from Lone Oak Road to Highway 55, including street resurfacing, striping modifications and off-street bituminous trails. • Lexington Avenue is a B minor arterial running north-south through the eastern portion of Eagan. • City staff has been meeting with the Dakota County Transportation Department staff regarding the desired upgrade of Lexington Avenue. County staff has agreed to combine Project 859 (TH 55/Lexington Ave/Blue Gentian Rd -Intersection Reconfiguration) and 877 under one contract with the City acting as the lead agency upon the City Council's approval of both projects. Dakota County would design Project 877. • The rehabilitation of this portion of Lexington Avenue was programmed for 2004 in the City of Eagan's 5-Year Capital Improvement Program (2004-2008). • A draft feasibility report has been completed consisting of the street, utility and trail improvements and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. • An informational neighborhood meeting will be scheduled to review the feasibility report details with the property owners in the adjacent area and general public prior to the Public Hearing to further review and discuss the proposed improvements. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. ~~ Agenda Information Memo January 20, 2004 Eagan City Council Meeting X. CONTRACT 04-02, DIFFLEY FRONTAGE ROADS/ LAKE PARK IORES/ THOMAS LAKE/ LAKESIDE ESTATES/ WILDERNESS PAP STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 04-02 (Diffley Frontage Roads, Lake Park Shores, Thomas Lake, Lakeside Estates, Wilderness Park 2nd & 3rd Additions -Street Improvements), authorize the advertisement for a bid opening to beheld at 10:30 a.m. on Thursday, February 12, 2003. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: • Contract 04-02 provides for the bituminous ovexlay of the streets in the Diffley Frontage Roads (City Project 893), Lake Park Shores/ Thomas Lake Additions (City Project 895), Lakeside Estates (City Project 896), and Wilderness Park 2nd & 3rd Additions (City Project 897) neighborhoods, as outlined and discussed in the respective feasibility reports for each of the projects. • On September 2, 2003, the City Council held a public hearing for Project 893. After a presentation of the project and no public comment, the Council approved the project and authorized preparation of detailed plans and specifications for 2004 construction. • On December 1, 2003, the City Council held a public hearing for Projects 896 and 897. After a presentation of each the projects and public comment from one resident affected by Project 897, the Council approved the projects and authorized preparation of detailed plans and specifications. • On December 16, 2003, the City Council held a public hearing for Project 895. After a presentation of the project and no public comment, the Council approved the project and authorized preparation of detailed plans and specifications for 2004 construction. • The plans and specifications have been completed by the City Engineer and are being presented to the City Council for their approval and authorization for the advertisement of bids. ~g Agenda Information Memo January 20, 2004 Eagan City Council Meeting Y. ORDINANCE AMENDMENT FOR REFUSE COLLECTION ACTION TO BE CONSIDERED: Authorize the preparation of an amendment to Chapter 10, Section 10.01 "Storage, Deposit and Disposal of Refuse" for future consideration. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: • Section 10.01, Subdivision 1.I of the City code requires that all refuse containers be place a minimum of 8 feet behind the curb during the winter months to avoid conflicts with snow removal operations. • This setback requirement is beyond the capabilities of the newer mechanical arms used by the refuse trucks to pick up the refuse containers. • Staff is proposing that this section of the ordinance be amended to reference a minimum 3 foot setback for enclosed containers. The 8 foot setback would remain for all loose refuse (i.e. yard waste plastic bags, etc.) or open containers (i.e. recycling, etc.) that have to be physically picked up. Y9 Agenda Information Memo January 20, 2004 Eagan City Council Meeting Z. 2004 STREET MAINTENANCE JOINT POWERS AGREEMENT ACTION TO BE CONSIDERED: Approve the 8-City Joint Powers Agreement for Street Maintenance Contractual Services and authorize the Mayor and City Clerk to execute all related documents. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: • For the past 19 years (1985), the City of Eagan has participated in a Joint Powers Agreement (JPA) with the cities of Burnsville, Apple Valley, Lakeville, Rosemount, Savage, Prior Lake and Shakopee to solicit competitive prices for pavement traffic marking, street sweeping, crack sealing and sealcoating contractual services. • The consolidation of the administrative services and subsequent economy of scale competitive bidding has resulted in significant savings to the City of Eagan and resulted in a Certificate of Commendation from the Governor in 1995. • A copy of the 2004 JPA is now being presented to the City Council for their consideration of approval. It has been reviewed by the Superintendent of Streets/Bquipment and found to be in order for favorable consideration. ATTACHMENTS: ~, • Joint Powers Agreement, pages ~ through ~• ~D JOINT POWERS AGREEMENT 2004-2005 TRAFFIC MARKINGS, STREET SWEEPING CRACK SEALING, SCREENING & SEAL COATING BURNSVILLE, APPLE VALLEY, EAGAN, LAKEVILLE ROSEMOUNT, SAVAGE, PRIOR LAKE, SHAKOPEE AND INVER GROVE HEIGHTS AGREEMENT made this 20~' day of January, 2004 by and between the cities of Burnsville, Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee and Inver Grove Heights. RECITALS This agreement is made pursuant to the authority conferred upon the parties pursuant to Minnesota Statutes 471.59. The purpose of this agreement is to provide street maintenance materials and service for the cities of Burnsville, Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee and Inver Grove Heights utilizing one common contractor for each service. NOW, THEREFORE, the parties agree as follows: 1. Subject to the other provisions of this agreement, Burnsville shall prepare any plans, specifications, bid proposals and advertise for bids for the placement of street traffic markings, street sweeping, crack sealing, screening and seal coating services. 2. Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee and Inver Grove Heights shall provide to Burnsville the estimated quantities for these services in each respective community, and shall also approve the bid documents. 3. Burnsville shall tabulate the bids upon their receipt and make a recommendation of award to Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee and Inver Grove Heights and upon their approval, award the contract pursuant to State Law. S/ Joint Powers Agreement Page 2 4. Each city shall be responsible for: • Preparing maps showing the proposed locations for these services including estimating the quantities. • Preparing the streets for markings in accordance with the specifications and coordinating with the contractor as to the timing of the actual work. • Inspecting the contractor's work, measuring the quantities of work performed, approving and certifying the progress or final payments to the contractor. • Pay a percentage of actual construction cost to City of Burnsville for legal and administrative cost on a sliding scale basis as follows: $0 - 50,000 - 2% $50,000 - 100,000 - 1.5% Over 100,000 - 1.0% 5. In accordance with the specifications, the contractor will submit an itemized invoice to each city separately for the work performed in each city. Upon approval of the invoice by the respective city, that city will remit the approved invoice amount directly to the contractor. 6. It is agreed that the cities of Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee and Inver Grove Heights each of them, indemnify, save, and hold hamiless the City of Burnsville and all of its agents and employees from any and all claims, demands, actions, or causes of action, for whatever nature, arising out of the contracting procedure by reason of the execution or performance of the work purchased for each respective city under this agreement, and that the cities of Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee and Inver Grove Heights further agree to defend, at their sole cost and expense, any actions or proceedings commenced against their respective cities for the purposes of assefing any claim of whatsoever chazacter arising hereunder. 7. This agreement can be terminated on the part of any individual city by giving sixty (60) days notice to the other cities; otherwise the agreement will automatically terminate on March 15, 2005. sa- Joint Powers Agreement Page 3 1N WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date indicated below. CITY OF BURNSVILLE BY: Mayor Elizabeth B. Kautz DATE: BY: City Manager Craig L. Ebeling CITY OF APPLE VALLEY BY: Mayor DATE: BY: Clerk CITY OF EAGAN BY: Mayor DATE: BY: Clerk CITY OF LAICEVILLE BY: Mayor DATE: BY: Clerk CITY OF ROSEMOUNT BY: Mayor DATE: BY: Clerk ~~ 3oint Powers Agreement Page 4 CITY OF SAVAGE BY: Mayor BY: Clerk CITY OF PRIOR LAKE BY: Mayor BY: Clerk CITY OF SHAKOPEE BY: Mayor BY: Clerk CITY OF INVER GROVE HEIGHTS BY: Mayor BY: Clerk DATE: DATE: DATE DATE: SSA Agenda Information Memo January 20, 2004 Eagan City Council AA. EXTENSION FOR RECORDING FINAL PLAT (WENTWORTH PARK ADDITION). ACTION TO BE CONSIDERED: To approve an extension of time to record the Final Plat for Wentworth Park Addition, located South of Cliff Road, west of trunk highway 77 and east of Slater Road. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • The City Council initially approved the Final Plat on November 18, 2003. • The applicant is requesting an extension to allow an additiona160 days to record the Final Plat, because he is closing on the property later this month. ATTACHMENTS (1): Letter from Brent Thompson on page 55 651 762 5690 Jan 13 04 09:58p brent thompson 651-762-5690 _ p_1 Tx Sheila Cartney -City of Eagan Frorrs Brent Thompson Fa~c 675-5694 Pages: Cover Phone: 675-5600 Re: Wentworth Paris Date: 1/13/2004 CC: ^ Urgent ^ For Review ^ Please Comment ^ Please Reply ^ Please Rerycle ~ Comrr~errts: Sheila, Please extend the recording of plat for 60 days in reference tc the project calved Wentworth Park. Thank you, S6 Agenda Information Memo January 20, Eagan City Council Meeting BB. APPROVE CHANGE ORDER NUMBER 16, EAGAN COMMUNITY CENTER ACTION TO BE CONSIDERED: To approve change order number 16 to the Eagan Community Center for ($2,012.00). FACTS: Change order number 16 is being recommended for approval after review by the Architect, Construction Manager and staff. All of these changes are a charge back to the original contractor as a result of work being completed and paid to another contractor. There is no net change to the overall Community Center project. PCO 1148 Wash floors and apply concrete sealer to the floors in 12 25 - Protouch 1,491.00 room. (Charged back to Kellington Construction -The net results in no impact to contract total) PCO 1163 Lay additional the and refloat the drains in catering kitchen. 19 - Grazzini 1,377.00 (Charged back to Kellington Construction -The net results in no impact to contract total) PCO 1178 Caulk joints at the EIFS. (Change paid to Seal Treat 11 -Minuti-Ogle (4,880.00) resulting in a charge back to Minuti-Ogle. The net results in no impact to contract total) ~7 Agenda Information Memo January 20, Eagan City Council Meeting CC. APPROVE FINAL PAYMENT - COMMiJNITY CENTER CONTRACTS ACTION TO BE CONSIDERED: To approve final payment for contracts completed for the Community Center and Bandshell projects. FACTS: • The following contracts have been reviewed and recommended for final payment by the Architect, Construction Manager and staff. Bandshell 6 George F Cook Construction 339.41 8 Specialty Systems 577.50 9 Carciofini Caulking Compani 114.40 13 Olympic Wall Systems, Inc. 580.00 14 Protouch Painting, Inc. 148.55 16 Peoples Electric 1,550.85 Community Center 11 Minute-Ogle Company, Inc. 56,164.00 22/23/26 Haldeman-Homme/Anderson Ladd 14,134.45 29 Landmark Restaurant Equipment 4,195.50 S8" Agenda Information Memo January 20, 2004 DD. CONTRACT 01-05, CEDAR GROVE ACCESS MODIFICATIONS STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract O1-OS (Cedar Grove Access Modifications -Street and Utility Improvements) in the amount of $72,680.53 to S.M. Hentges & Sons, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: Contract Ol-OS provided for the intersection modifications of Trunk Highway (TH) 13 and Silver Bell Road and Silver Bell Road, Cedarvale Boulevard and Cedar Grove Parkway (Beau D'Rue Drive), including median improvements and a new traffic signal at the new intersection, and associated utility improvements, all as part of the Cedar Grove (Cedarvale) redevelopment efforts. These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. The amount of compensation for the work associated with this contract is currently under dispute as the contractor has filed a complaint in the District Court. Approval of this payment is recommended by the City Attorney as it will provide full compensation for the contract work in accordance with the review by the Engineering Division. The Council's approval of this payment shall not be construed as support of or opposition to the disputed complaint. The trial date is currently set for March 8, 2004. S9 Agenda Information Memo January 20, Eagan City Council meeting EE. AUTHORIZE REVISIONS TO TREE PRESERVATION ORDINANCE ACTION TO BE CONSIDERED: To Authorize Staff to revise the tree preservation ordinance FACTS: • The Tree Preservation Ordinance was adopted by the City Council in the mid 1990's, having previously been enforced as a policy. • The current ordinance has several misspellings, a reference to DBH (Diameter at Breast Height) that is incorrectly stated, and reference to tree species that are currently prohibited from being planted. • The Council has previously established policy that staff is not to begin ordinance changes without specific direction to do so. • Authorization is requested to make typographical and misinformation corrections. Unless directed otherwise, no changes to the intent of the ordinance, or other language is intended. ATTACHMENTS: None 66 Agenda Information Memo January 20, 2004 Eagan City Council Meeting FF. APPROVE COMMENTS TO THE PROPOSED AMENDMENTS TO THE CITY OF BLOOMINGTON COMPREHENSIVE GUIDE PLAN FOR THE AIRPORT SOUTH DISTRICT. PER THE RECOMMENDATION OF THE EAGAN AIRPORT RELATIONS COMMISSION. ACTION TO BE CONSIDERED: To approve comments to the proposed amendments to the City of Bloomington Comprehensive Guide Plan for the Airport South District, per the recommendation of the Eagan Airport Relations Commission. FACTS: The City of Bloomington is currently seeking comments from adjacent communities regarding proposed amendments to Bloomington's Comprehensive Plan for the Airport South District. The amendments include proposed residential infill development less than one mile off of the new North/South Runway. The Eagan Airport Relations Commission, at their January 13 ARC meeting, discussed the proposed amendments to the City of Bloomington Comprehensive Plan and recommended that correspondence be sent to Bloomington noting the following comments: 1.) The City is concerned with the proposed introduction of additional new residential land uses within an area that will be exposed to substantial aircraft noise from Runway 17-35; 2.) The location of the substantial new development at that close a proximity to the end of Runway 17-35 is a safety concern; and 3.) The City of Eagan believes that if intense development occurs in the location being proposed, its presence should not be a factor in future decision-making regarding the modification of noise abatement procedures of investments, to the detriment of other communities. The City of Bloomington is requesting that all comments regarding the proposed amendments be received at the City by February 2, 2004. ATTACHMENTS: ^ Enclosed on pages ~ through~~is correspondence and documentation from the City of Bloomington regarding their proposed amendments. ^ Enclosed on page'~'$~is draft correspondence to the City of Bloomington regarding the proposed amendments. 6/ ~~~ city of Bloomington, minnesota 1800 West Old Shakopee Road ^ Bloomington MN 55431-3027 ^ (952) 563-8920 • FAX: 563-8949 ^ TDD: 563-8740 DATE: December 1, 2003 TO: Representatives of Adjacent Jurisdictions ~ FROM: Larry Lee, Bloomington Community Development Director RE: Bloomington Comprehensive Plan Update -Airport South District The City of Bloomington is considering amendments to its Comprehensive Plan for the Airport South District (comprised of all land in Bloomington east of Trunk Highway 77). Both map amendments and text amendments are proposed. At the time Bloomington last updated its Comprehensive Plan consideration of changes in the Airport South District was defer-ed due to ' ty-relate~to-airport-~t~~g-end-~h~-n~vv-north/mouth-r_unway~t~ISP`.I~T.ow, with the airport zoning process nearing a conclusion, Bloomington is moving forward with the Comprehensive Plan Update for the Airport South District. Attached for your review are the proposed Airport South Comprehensive Plan land use designations, text amendments, and a list of agencies receiving this document. Additional background information is available online at Bloomington's website: www.ci.bloonungton.mn.us (choose "Services Index" and then "Airport South Comprehensive Plan Update'. Bloomington requests your comments on the proposed amendments in accordance with state law along with the comments of other "adjacent governmental units and affected school districts". In order to submit the amendments to the Metropolitan Council in a timely fashion, we would appreciate receiving your comments, or a letter stating that you have no comments, as soon as possible but not later than February 2, 2004. If you have any questions regarding the proposed amendments, please contact Glen Markegard in the Bloomington Planning Division at (952) 563- 8923 or at gnarkegard(c~,ci.bloomington.mn.us. ~~ An Affirmative ActionlEqual Opportunities Employer U'~. ~ ~ ~ ~ ~ • :, ~ =Fy~ ~"~ - ~--.mss. ^" ' C L E'"'=-y `~ l ~ ~ - ~i ~ /off•~111f •IIIIfo11 /1.11111 ,. 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G .. ,•11f11.11f 1.11'1 .....o ... ~•f1111•IIf1L ~111 - if / / 1 • • / • • ^f,1f111111•ef1. 1~f• ...... ..... 1f1111111111~i w1 ~•i '! - . ~ ~ I f • 1 1 1 ~ 1 1 1 i i i i i i i i i •1•ff11~• 1 ~1•01 ~ • . . i • i i i i i i • i i f111•f11 • / - •IIIt1111f / - ~•~ .ate....../1ec•~,.G . ~z ~ '~,,,,' -, ~~ C %`,, f1~1 ~~ !~f IG~F.1% ! /~ ~L ~' ~ 4 - - ''F'6 %~ f ~. • ~,, ~ a.-, ~~ ~tf~~ ter' ~~ ~ I ~ ~ ' J - ~ ~ I ' ~ ~- ~ ~' ~ ~ ~ ~ ¢ ~ '_ ` } - -- ,~ ,_ -- _ _ i _-- -_ r ~-,~ `Y y i~~y ~ ~r !2~ ~~ ~ c i~ • • ~ - ~ - • • ~ _ e E ~=' 3'' fir' 'a „~ t . ~ . ti ~ i = k a f ~ f ~y ~ ~ ~ ~~/ f ~~ ~~~ ' ~`'-~ 1 Z 1~~ ~~`3 Fi ` F~~~ ~ \ , ~ SAY / -k 1, 2 f t i 4 F' -7 ~ ~ ~ -Fx '~ F Ea j r S _ ' ~ ~ ~~~ ~ . ~ ~ ` ~-.i1' ~'t ~ k \ ~~ g 5 ~ 4~. ,.. a ..f q 5~. i~.,z-~ ~, '~- ~ ~' - - ~L~ , ~ v ~'~ ~ z ~ -`~" ~r ~..,5.~ ,, -r -~+^--~ err . _ ~~ '~ } r~ ~ : R _ Land Use Designations RESIDENTIAL PUBLIC/QUASI-PUBLIC COMMERCIAUINDUSTRIAL Low-Density (0 - 5 DU/A) ~`° Public pace ^ Regional Commercial Medium-Density ~~ Quasi-Public ~~ ~ j General Business (~ ~ L_J High Intensity Mixed Use High-Density + DU/A Conservation Community Commercial Industrial ) (10 ~ / J , Water ^ Right of Way ~ u~ ~ ~ ci ~- -~ ed Use Draft -November 20, 2003 Tent Amendments Airport South Update Bloomington Comprehensive Plan The proposed Airport South District amendments to the Bloomington Comprehensive Plan include changes to the text of the plan as well as changes to the Land Use Guide Plan map. This document summarizes changes to the text. Changes to the Guide Plan map are summarized in separate documents. Change i As necessary a er ma or irig; amErrd-page-number-r-a€er~neesrin-tlae-T-ab(e of Contents, List of Fgures, and List of Tables. Change 2 Amend Fgure 2.2 in the Land Use Element to match 2000 Census results and revised household and population forecasts for 2010 and 2020. Household figures change from 35,900 to 36,400 in 2000, from 36,500 to 37,674 in 2010, and from 37,000 to 39,162 in 2020. Population figures change from 88,700 to 85,172 in 2000, from 90,200 to 87,632 in 2010, and from 91,400 to 90,503 in 2020. While City housing unit forecasts for the year 2000 matched very closely with census results, the census tallied S00 more households than anticipated. Households are occupied housing units. The higher number of households was a reflection of lower than normal vacancy rates in April of 2000 (1.9% versus a historical "nom" of 3%). The above revised 2010 and 2020 forecasts assume 3% vacancy rates. The revised forecasts exceed previous forecasts due to the assumed addition of a substantial number of new housing units in the eastern Airport South District. Population levels in 2000 were lower than previously anticipated due to a continued drop in the average household size. Bloomington's gross (population divided by households) average household size in 2000 was 2.34 as compared to 2.50 in 1990. Avery small change in average household sizes yields large population changes. Future average household sizes are very difficult to predict. 6~ ~~a Draft -November 20, 2003 may create greater impacts on the regional highway system, require consumption of farmland or open space, be incompatible with surrounding uses, and/or require costly extensions of public infrastructure. Intensity Levels Bloomington seeks high intensity development and expressly prohibits new, permanent, low intensity development within this designation. Given the immediate proximity of high quality, frequent transit service and the relative lack of conflicts with adjacent low density residential uses, this portion of the Airport South District is particularly well suited for high intensity development. Requirements • New, permanent development with a floor area ratio below 1.0 is prohibited. • In the event of a phased development project, each phase must be consi irement~{inelt~dmg-#~eer-aroma-r-ati^ and use mix) with respect to the portion of the site it occupies. No individual phase of a phased development project may create an "orphan parcel"that is difficult to develop on its own given City land use controls. • Parking facilities (structured parking, underground parking, garages, etc.) are not counted as floor area in calculating the floor area ratio. Use Mixture Bloomington seeks the inclusion of high density residential uses within the area in order to: - Create alive-work environment; - Meet City objectives to site housing near employment and transit opportunities; - Reduce the number of vehicle trips and vehicle miles traveled (relative to the same level of unmixed development) by encouraging linked trips, walking trips, carpool trips and transit trips; - Reduce the overall costs and impacts of parking by making feasible shared parking where peak parking demand times vary among uses; and - More efficiently use public and private infrastructure. Peak demand times for infrastructure (roads, transit, sewer, water, electricity, phone) generally vary among uses. A mixture of uses allows infrastructure to be used more efficiently. A mixture of residential and employment uses will also allow for the bi-directional use of roadway 6s r_ :~ Draft -November 20, 2003 Requirements • New development shall include infrastructure to accommodate pedestrian movement between building entrances and existing pedestrian infrastructure and between uses on adjacent sites. • New development shall include pedestrian infrastructure along public streets, private drives, and in other areas necessary to support districtwide pedestrian movement. • Site design (including but not limited to the location of building entrances and ground floor fenestration) for new development shall promote pedestrian circulation. Existing Uses The City understands that there are several existing developments and uses in the area that do not match the requirements of the designation in terms of intensity or use mix. While existing development within the designation is not a model for desired future development patterns, the City desires to protect the vitality of existing businesses within the area. ere suc exi ing v ~ zi~seshatie-permanent-apprevai status, the uses may remain indefinitely and may expand as discussed below. However, all new development or full redevelopment of a site must be consistent with the provisions of this designation. Requirements Existing developments and uses with permanent approval status in place as of {insert~;adopt~on:_date here:} may expand in their current form and on their present sites by up to 50 percent. Existing developments and uses with temporary approval status (Temporary Conditional Use Permit or Interim Use Permit) or with development agreements that include a sunset date may continue until the approval period has lapsed. New short term temporary uses for land are considered consistent with this designation if allowed by the underlying zoning and if the City Council finds that the underlying land is not yet ready for permanent development." Change 6 On Page 2.16 of the Land Use Element, amend the second paragraph under the heading "Land Use Guide Plan Narrative" as shown below in strikethrough and underline format: "In addition to this narrative, the Land Use Guide Plan is supplemented by t#e-Ai~rpar~~}~tfic'- "'~,~;-a„a the Bluff Report District Plan which is ~e incorporated as part of this comprehensive plan by reference. This C I Draft -November 20, 2003 • Work toward the creation of a fourth Bloomington light rail transit station at American Boulevard and 34th Avenue. Adding an LRT station at American Boulevard and 34~' Avenue is an integral component of the City's vision to create ahigh-density housing and mixed use node in fhe northeastern portion of the Airport South District. If plans are not in place by the end of 2007 to. create this station, the City will need to reevaluate land use controls in the immediate vicinity. • Work with the Minnesota Valley National Wildlife Refuge to make the refuge more accessible to residents, visitors and employees above the bluff. As growth occurs in the Airport South District, especially residential growth, the wildlife refuge and river valley will be a much- treasured resource. Public access will need to be improved through the creation of new access points. • Work with the Minnesota Valley National Wildlife Refuge to address storm water issues in a manner that mitigates potential negative impacts to the Refuge below the bluff and land use impacts to sites above the bluff. • men o cia con o s port-anti-impler-nen~th land use vision of this plan for the Airport South District. • Improve pedestrian infrastructure to reduce the need for vehicle trips and to improve access to transit. Pedestrian infrastructure should be provided between entrances and streetside sidewalks, between adjacent uses, along public streets, along private drives, and in other areas necessary to support districtwide pedestrian movement: • Collaborate with the Metropolitan Airports Commission to ensure that residential areas acquired for noise mitigation purposes are redeveloped in a manner that does not detract from surrounding land uses. Change 9 Amend discussion of future housing growth on Page 3.4 of the Housing Element to reflect revised housing unit forecasts due to the amendment of land use controls to promote the creation of additional high density housing in the Airport South District. Amend Table 3.5 as follows: Table 3.5 Housin Units Forecast Year Total Units 2000 37,104 2005 37 972 2010 38 839 2020 40 373 ~~ ~ 7 Draft -November 20, 2003 Apartments"generate an average of 4.20 trips per weekday. At 5 trips per household, 10,795 additional daily trips would be generated across the district • Added households are concentrated in the eastern portion of the Airport South District • lVew forecasts assume 2,155 less jobs in the Airport South District than the previous forecasts (reflection of Phase II of the Mall ofAmerica being reduced in size as well as the assumed conversion of future offic%ommercial uses to future residential uses). Per ITE's Trip Generation Manual - 5~' Edition, average per employee trip generation rates for "General Office Buildings" range from 2.98 to 6.0 depending on the total number of employees. As employment increases, trips per employee decreases. The listed average per employee trip generation rate fora "Specialty Retail Center" is 22.36 and for a "Discount Store" is 32.53. The listed average per employee rate for a "Hotel" is 14.34. At an average of 10 trips per employee, 21,550 daily trips would be lost across the district. • Lost employment is split between the western and eastern portions of the ~rpo u sfrrct~ tastremplogmerrtin-tf~e-wes-ter~~or~ioRS-is predominantly associated with reduced Mall ofAmerica Phase II forecasts while lost employment in the eastern portions is predominantly associated with reduced office space forecasts. Therefore, trip reductions from "lost" forecast employment is likely to be greater in the western portions than the eastern portions. • Transit oriented and mixed land uses will result in heavier use of transit and more non-motorized trips within the Airport South District than previously assumed. • The LRT realignment will result in increased transit use due primarily to the improved location of the Mall ofAmerica Station, although the larger park and ride will add some trips along Old Shakopee Road. Change 11 Revise the TAZ level household, population and employment forecasts table (Table 4.2) on Page 4.14 of the Transportation Element to read as follows: 6 ~' G~ Draft -November 20, 2003 Amendments reflect the following assumptions: • 2000 household numbers are as supplied by the Metropolitan Council based on 2000 block level census data. • 2000 population numbers are as supplied by the Metropolitan Council based on 2000 block level census data. • 2000 employment totals are based on numbers supplied by the Minnesota Department of Economic Security. Total figures are allocated to the respective TAZs by the Bloomington Planning Division based on an analysis of gross square feet of building structure in various land use categories in each TAZ. Employment factors are applied to the various land use types and the results are uniformly adjusted to match overall totals. • 2010 and 2020 TAZ level forecasts are prepared by the Bloomington Planning Division to reflect location specific assumptions on future development levels, • 2010 and 2020 overall housing vacancy rates will be 3%, the historical norm. Housing vacancy rates were extremely low in April of 2000 resulting in household levels that were higher than anticipated. Households are occupied ousing uni s~Th~f t~sehnlds~is-a~-unc-Mari-of-be~i--tie forecast number of housing units and the forecast vacancy rate. Change 12 Revise Fgure 4.11 (Proposed LRT Route, 1999) on Page 4.31 of the Transportation Element to reflect the realigned LRT route and station locations in the Airport South District. Re-title as "LRT Route, 2003". Change 13 On Pages 4.32 and 4.33 of the Transportation Element, delete the paragraphs of text pertaining to commuter rail and Fgure 4.12, which is a map of the previously proposed Dan Patch Commuter Rail Line. On May 22, 2002 the governor signed into law an act that requires the removal of references to the Dan Patch Commuter Rail line from Metropolitan Council and MNDOT plans. This deletion is meant to correspond with changes to regional plans regarding commuter rail. Change 14 On Page 6.10 of the Utilities Element, revise average daily sanitary sewer flow forecasts (Table 6.2) as follows to reflect changes in population and employment forecasts. The forecasts use a factor of 75 gallons per day per resident and 40 gallons per day per employee. ~9 ~G-~ Airport South District Guide Plan Update Summary of Proposed Changes Refer to key map to reference the area affected by each change. Chan e #1 ~ ~ n J L Existing Guide Plan Desi nation: Medium Density Residential (5-10 units/acre) Proposed Guide Plan Desi nation: Low Density Residential (0-5 units/acre) Existin Land Use: Sin le Famil Residential Homes Low Densi Ex~s ~n on~n - S' le-famil -R-esir~entia Rationale: Reevaluation The proposed Low Density Residential designation is consistent with the existing single famil uses and the existin R-1 Sin le Famil Residential zonin . Chan a #2 Existing Guide Plan Employment Oriented Mixed Use Desi nation• Proposed Guide Plan Quasi-Public Desi nation: Existin Land Use: Private School and Church Existin Zonin R-1 Sin le Famil Residential Rationale: Cate o Shift The Employment Oriented Mixed Use Designation is proposed to be eliminated. The Quasi- Public designation is consistent with the existing private school and church use of the roe as well as with the existin zonin . ~D C ~, Chance #3 Existing Guide Plan High Density Residential Designation: Low Density Residential (2255 and 2263 E. Old Shakopee Road Proposed Guide Plan Public Desi nation: Existin Land Use: Sin le Famil Residential Homes Existin Zonin R-1 Sin le Famil Residential Rationale: External Factors The Metropolitan Airports Commission plans to acquire these seven homes due to future noise levels from the planned north-south runway. The Public designation would reflect the future public ownership of the site and would serve as a holding designation until an a ro riate reuse of the site is determined. Chance #4 Existing Guide Plan Employment Oriented Mixed Use rrativn: Proposed Guide Plan Industrial Desi nation: Existin Land Use: Semiconductor Manufacturin Existin Zonin CO-1 PD Commercial Office Planned Develo ment Rationale: Cate o Shift The Employment Oriented Mixed Use designation is proposed to be eliminated. The Industrial designation is consistent with the existing use of the property for semiconductor manufacturin . Chance #5 Existing Guide Plan Employment Oriented Mixed Use Desi nation: Proposed Guide Plan Conservation Desi nation: Existin Land Use: National Wildlife Refu e Existin Zonin SC BP-2 Conservation Bluff Protection 2 Rationale: Cate o Shift The Employment Oriented Mixed Use designation is proposed to be eliminated. The Conservation designation is consistent with the existing use of the property as part of the Minnesota Valie National Wildlife Refu e. ~~ ~ l.. Chance .#6 i.~l ~ (~ ~ n C,~ N Existing Guide Plan Medium-High Density Residential (10-20 units/acre) Desi nation: Proposed Guide Plan High Density Residential (over 10 units/acre) Desi nation: Existin Land Use: A artments and Town Homes Hi h Densi Residential Existin Zonin R-4 Multi le Famil Residential Rationale: Cate o Shift The Medium-High Density Residential designation is proposed to be eliminated. The High Density Residential designation is consistent with the existing use and zoning of the ro e Change #7 Existing Guide Plan Designation: oesianation: Public High Density Residential with Office (2325 E. Old Shakopee Existin Land Use: 40 Unit A artment Buildin 3 Sin le Famil Homes Existin Zonin RO-50 Residential Office Rationale: External Factors The Metropolitan Airports Commission plans to acquire the 40 unit apartment building and ~ these three homes due to future noise levels from the planned north-south runway. The Public designation would reflect the future public ownership of the site and would serve as a holding designation until an appropriate reuse of the site is determined. Chance #8 Existing Guide Plan Service Oriented Mixed Use Desi nation: Proposed Guide Plan Office Desi nation: Existing Land Use: Hotels, Office Buildings, Restaurants Physically Integrated with Hotels Existin Zonin CS-1 PD Commercial Service Planned Develo ment Rationale: Cate o Shift The Service Oriented Mixed Use Designation is proposed to be eliminated. The Office designation is consistent with the office and hotel uses and with the restaurant uses by virtue of their h sical inte ration with hotels. ~~ G~ Chance #9 Existing Guide Plan High Density Residential with Office Desi nation: Proposed Guide Plan Office Desi nation: Existing Land Use: 92 Unit Forest Glen Apartment Building and Kelly Farm a ricu(tural with 4 Dwellin Units Existin Zonin RO-50 BP-2 Residential Office Bluff Protection 2 Rationale: External Factors The Joint Airport Zoning Board for the Minneapolis and St. Paul International Airport proposes to apply airport zoning to this property that would prohibit residential uses. The Metropolitan Airports Commission plans to acquire the 92 unit apartment building but not the Kelley Farm site due to future noise levels from the planned north-south runway. The proposed Office designation would correspond with the proposed airport zoning and would allow the sites to be redevelo ed in the future for office or hotel uses. Existing Guide Plan Low Density Residential Desi nation: Proposed Guide Plan Office Desi nation• Existing Land Use: 19 Single Family Residential Homes and 4 Vacant Single Famil Lots Existin Zonin R-1 BP-1 Sin le Famil Residential Bluff Protection 1 Rationale: External Factors The Metropolitan Airports Commission plans to acquire the 19 single family homes and 4 vacant single family lots in this area due to future noise levels from the planned north-south runway. The Office designation would allow for future reuse of this area for off+ce or hotel uses. Change #11 Existing Guide Plan Desi nation: Employment Oriented Mixed Use Proposed Guide Plan Desi nation: Office Existin Land Use: Office Buildin Existin Zonin CO-1 BP-2 Commercial Office Bluff Protection 2 Rationale: -Cate o Shift . The Employment Oriented Mixed Use designation is proposed to be eliminated. The Office desi nation is consistent with the existin office use and zonin . ~~ r n Change #12 Existing Guide Plan Service Oriented Mixed Use Designation: High Density Residential (over 10 units/acre) (3701 E. 80"' St. and the A letree Condominiums Proposed Guiide Plan Off+ce Desi nation: Existin Land Use: Office Buildin s Hotel Bank 45 Unit Condominium Buildin Existing Zoning: CO-i (PD) (BP-2) Commercial Office (Planned Development) (Bluff Protection 2) CS-1 (PD) Commercial Service (Planned Development) Holida Inn Hotel Onl Rationale: Cate o Shift The Service Oriented Mixed Use designation is proposed to be eliminated. The Office designation is consistent with all existing uses and with the zoning. The existing residential uses are allowed under the Office designation by virtue of their integrat+on with office and hotel uses in a mixed use develo ment. Change #13 Existing Guide Plan Employment Oriented Mixed Use Desi nation: Proposed Guide Plan Conservation Desi nation: Existin Land Use: Undevelo ed Existin Zonin CO-1 BP-2 Commercial Office Bluff Protection 2 Rationale: Cate o Shift The Employment Oriented Mixed Use designation is proposed to be eliminated. The parcel has been owned by the State of Minnesota for several years. Staff is not aware of State plans to develop or sell the parcel. The Conservation designation would reflect the existing undeveloped and natural use of the parcel as well as the steep slopes and forested conditions that are resent. ~~ C C3 Chance #14 ~..~lir~ ~~-~J ~!~ Z-- Existing Guide Plan Employment Oriented Mixed Use Designation: Service Oriented Mixed Use (North of 80~' Street) High Intensity Mixed Use (Adjoining Lands Site at 8200 28~' Ave. S. and 8201 24~' Ave. S. Proposed Guide Plan Airport South Mixed Use Desi nation: Existing Land Use: Mixed Uses Including Hotels, Office Buildings, Remote Airport Parking, Electric Substation, Car Rental, High Tech Manufacturin Warehousin and Distribution. Existing Zoning: CS-1 Commercial Service CO-1 Commercial Office CO-2 Commercial Office/Mixed Use I-1 S ecial Industrial Park Rationale: Reevaluation To accomplish the many objectives spelled out in its description, the Airport South Mixed Use esigna on wou f~t~higtr'mtensitq-residerrd-a1; er~pfeyt~eflt-er~epted-ar~d~~urist_oriented develo ment on arcels near the ro sed LRT stations. Chance #15 Existing Guide Plan Employment Oriented Mixed Use Desi nation: Proposed Guide Plan Office Desi nation: Existin Land Use: Office Buildin s Hotel Industrial Existing Zoning: CO-1 Commercial Office CS-1 Commercial Service Rationale: Cate o Shift The Employment Oriented Mixed Use designation is proposed to be eliminated. The Office designation would be consistent with the existing zoning and with the office and hotel uses. The Office designation would be inconsistent with the two existing industrial uses (T.O. Plastics- and Precision Air). Those two industrial uses are currently non-conforming with both the zonin and the uide ian desi nation. ~s /_ ~ Chance #16 Existing Guide Plan Service Oriented Mixed Use Desi nation: Em to ment Oriented Mixed Use Proposed Guide Plan Public Desi nation: Existin Land Use: Hotels Car Rental Office Buildin Existin Zonin CS-1 Commercial Service Rationale: External Factors The Metropolitan Airports Commission (MAC) plans to acquire all the parcels in this area and remove all structures to create a structure free area in the federally required Runway Protection Zone. MAC would install runway guide lights. The Public designation would reflect the ublic ownershi and use of the area. Chan a #17 Existing Guide Plan Service Oriented Mixed Use Designation: Proposed Guide Plan Designation: Existin Land Use: Hotels Existin Zonin CS-1 Commercial Service Rationale: Category Shift The Service Oriented Mixed Use designation is proposed to be eliminated. The Office ~ designation is consistent with hotel uses. ~ ~~ s .~ ~~ ~ ~ ~ - ~ ~~ ..~„~ ~ ~J ~~~ F ~~ _~ ~ R V O Q. p ~ ~ ~ ~ ~ ~ c°naQ a~ o :° ~ r~ .Q ~ ~ 4 ~, ~, ~, a # f`1 W ~ ® ~ N y~y VC O .z a g 6 Gordon Hughes, City Manager Samantha Orduno, City Manager James Danielson, City Administrator City of Edina City of Richfield City of Mendota Heights 4801 W. 50th St. 6700 Portland Ave. S. 1101 Victoria Curve Edina, MN 55424 Richfield, MN 55423 Mendota Heights, MN 55118 Thomas Hedges, City Administrator Craig Ebeling, City Manager Barry Stock, City Administrator City of Eagan City of Bumsville City of Savage 3830 Pilot Knob Road 100 Civic Center Parkway 6000 McColl Drive Eagan, MN 55122 Bumsville, MN 55337 Savage, MN 55378 i Mark McNeill, City Administrator Scott Neal, City Manager Gary Prest, Superintendent City of Shakopee City of Eden Prairie Bloomington School District #271 129 Holmes Street ~ 8080 Mitchell Road 8900 Portland Ave. S. Shakopee, MN 55379 Eden Prairie, MN 55344 Bloomington, MN 55420 William Gaslin, Superintendent Kenneth Dragseth, Superintendent Brandt Richardson, County Administrator Eden Prairie School District #272 Edina School District #273 Dakota County 8100 School Road 5701 Normandale Road 1590 W. Highway 55 Eden Prairie, MN 55344 Edina, MN 55424 Hastings, MN 55033 Dave Anmacht, County Administrator Jeffrey Hamiel, Executive Director Sandra Vargas, County Administrator Scott County Metropolitan Airports Commission Hennepin County 200 Fourth Ave. W. 6040 28th Ave. S. 300 S. 6th St. MG233 Shakopee, MN 55379 Minneapolis, MN 55450 Minneapolis, MN 55487 r Jim Gates, Staff Contact Terry Schwalbe, District Administrator Richfield-Bloomington Watershed Lower Minnesota River Watershed District f 801 W. 98th Street 200 4th Ave. W. Bloomington, MN 55431 Shakopee, MN 55379 7~ city of eagan PAT GEAGAN January 21, 2004 Mayor City of Bloomington PEGGY CARLSON Attn: Larry Lee, Community Development Director 1800 West Old Shakopee Road CYNDEE FIELDS Bloomington, MN 55431 MIKE MAGUIRE MEG TILLEY SUBJECT: COMMENTS TO THE PROPOSED AMENDMENTS TO THE Council Members BLOOMINGTON COMPREHENSIVE PLAN FOR THE AIRPORT SOUTH DISTRICT THOMAS HEDGES Dear Mr. Lee: City Administrator Per the request of the City of Bloomington, the Eagan Airport Relations Commission and the Eagan City Council have reviewed the proposed amendments to the Bloomington Comprehensive Plan for the Airport South District. The City of Eagan offers the Manic;pal center: following comments to the proposed amendments: 3830 Pilot Knob Road 1.) The City is concerned with the proposed introduction of additional new residential Eagan, MN 55122-1897 land uses within an area that will be exposed to substantial aircraft noise when Phone: 651.675.5000 Runway 17-35 becomes operational in Fall of 2005. While the noise contours for the Fax: 651.675.5012 airport are currently being updated, the current noise contours suggest that a significant portion of the area under consideration for residential uses will be within TDD: 651.454.8535 the 70 DNL/Noise Zone 2 contour. Furthermore, a portion of the area in which residential land use would be guided for residential use is within the 75 DNL/Noise Maintenance Facility: Zone 1 contour, in which major new development of residential uses is inconsistent with regional policy. 3501 Coachman Point Eagan, MN 55122 2.) Given the close proximity of the proposed development site from the end of the Phone: 651.675.5300 runway, the City has significant safety concerns with the development. As Bloomington is aware, the State safety zones are currently under review by the Joint Fax: 651.675.5360 Airport Zoning Board (JAZB) and the Minnesota Department of Transportation TDD: 651.454.8535 (MnDOT). Through this review process, it is possible that additional areas maybe considered for more intense land uses in certain locations around the airport, which may not have been the case in the past: Moreover, the current alignment of Runway www.ciryofeagan.com 17-35 was determined to prevent aircraft in their initial stages of take off or final stages of landing from going directly over the Mall of America, with the understanding that it was preferable to route the planes over undeveloped areas and areas to be acquired and cleared by the Metropolitan Airports Commission. Safety should remain a primary concern as development is considered in the locations that THE LONE OAK TREE were previously defined as Safety Zone A. The symbol of strength and growth in our community COMMENTS TO THE PROPOSED AMENDMENTS TO THE BLOOMINGTON COMPREHENSIVE PLAN FOR THE AIRPORT SOUTH DISTRICT-PAGE 2 3.) The City of Eagan strongly believes that if intense development occurs in the proposed locations, the presence of such development should not be a factor in the future decisions regarding the modification of noise abatement procedures or investments, particularly if those modifications are to the detriment of other communities. Thank you for the opportunity to comment on the proposed amendments to the Comprehensive Plan Airport South District. If you have any questions about the comments being submitted, please feel free to contact me at 651/675-5007. Sincerely, Thomas L, Hedges City Administrator cc: Jeff Hamiel, MAC Executive Director Chad Leqve, MAC Manager of Aviation Noise and Satellite Programs 8~ Agenda Information Memo January 20, 2004 GG. SILVER BELL ROAD (PIN 10-01900-011-02) RIGHT-OF-WAY VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public right-of--way and schedule a public hearing to beheld on February 17, 2004. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: • On January 14, 2004, City staff received a letter from Thomas E. Reilly, President of B.J. Mulcahy Company, Inc., requesting the vacation of the existing public right-of- way for Silver Bell Road on Parcel No. 10-01900-011-02, northwest of the intersection of Trunk Highway (TH) 13 and Silver Bell Road. B.J. Mulcahy Company is the fee owner of the parcel. • Silver Bell Road was realigned in 1973 as a result of the construction of the existing TH 13 alignment and this portion no longer exists as a public roadway in this location. • Notices will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. ATTACHMENTS: • Legal Description, graphic, page. • Location Map, page g.3. • Letter requesting vacation, page ~_. g/ 1 J O J b n D C 0 y 0 d C 2 m t 0 d .` ~~ 1 i~ `~ 1 ~ ~ ,~ ~J '( ~ `yam _*I i a ~~ ',\ ~`1- i~. .~~ ~~ ~y~ ~~-- ~ ~~i~ . 1~ tt ; /(~ V} ~,~ •~~ ~„ .~ i ~i~ ~~ • ~~ , ' %. n "~. a ~ '' 2 ~~ ~ Tp .- .~.~ i 's ::_ _-- ~ _ i ~ t" , r r~ ~ ~~ $ `'' . ~>- N ~r~ ~~ I mG ~ ` ~ G VY~ ~~~ O • 0i •~~ t ; ` ,_ ~ i ~ ~ o ~' ~~ 1y `_ C _; ~, ~ ~~ ~~/ ~• •~~` ` +. i O' Q ~~ =~ ' ~-- Q %` ~ - w City of Eagan _y.~~ 13 ~RVN ;~ Proposed Silver Bell Road Right-of-way Vacation Jan. 16, 2004 Parcel 10-01900-011-02 ,~ SILVER ~J Bernard J. Mulcahy Company, Inc. 2700 Blue Water Road, Suite #100 Eagan, Minnesota 55121 (651)-686-8580 Fax (651)-686-8588 www.bjmulcahy.com RECEIVED January 12, 2004 Mr. Russ Matthys City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Bernard J. Mulcahy, Inc. Vacation of Easement Dear Mr. Matthys: JAN 14 2004 ~aGaN ENGINEERING DEPARTMEIUT Bernard J. Mulcahy, Inc. ("Mulcahy") is the owner of the property legally described on attached Exhibit A. The Mulcahy property is subject to an easement for Silver Bell Road as shown by the enclosures. We wish to submit a Petition to Vacate that portion of Silver Bell Road west of the right-of--way of State Trunk Highway No. 13 and east of the southerly extension of the north south line of Silver Bell Road as depicted on the plat of Dallas Development First Addition ("Parcel A"). The area to be vacated is shown on the enclosures. The area to be vacated along Silver Bell Road does not provide usable access to State Trunk Highway No. 13. Silver Bell Road was realigned to provide access to Trunk Highway 13 northeast of Parcel A. Utility access is provided to the Mulcahy property from the west of Parcel A. Parcel A is not usable as a right of way. In the event this land is replatted, then the plat may include a drainage and utility easement across the subject property as deemed necessary and appropriate by the city. Exhibit A to the application provides that the applicant agree to certain conditions the city may deem appropriate to prevent land-locked properties. B.J. Mulcahy is the fee owner of all the property that is subject to the easement. Access remains available from relocated Silver Bell Road. Access is not from the portion to be vacated. Conditions 1, 2, and 5 are not necessary to prevent land-locked properties. This applicant requests that these be deleted as a condition of vacation of the city right-of--way. The vacation is necessary to prevent the creation of a narrow strip of land without access or utility along the northern edge of the B.J. Mulcahy property. We understand that you will submit this request for review by city departments and various utilities. We also understand that there will be a public hearing. Please call me (651-256-2424) with any questions. We request that you mail copies of the public hearing notices and other documents to my attention. Thank you for your assistance. Very truly yours, Thomas E. Reilly Enclosure Cc: Paul B. Zisla Specialists in Hydronic and Steam Sysfems Since 1929 ~~ Agenda Information Memo January Z0, 2004, Eagan City Council Meeting V. PUBLIC HEARINGS A. VARIANCE TO EXCEED THE 10 FOOT SETBACK FOR A LIVING SPACE ADDITION BY 3 FEET LOCATED AT 1973 COVINGTON LANE (MARCIE TIETJEN) ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Variance to exceed the 10 foot living space setback by 3 feet for an addition to the principal structure at 1973 Covington Lane; subject to the conditions listed in the staff report. FACTS: • The 14,000 square foot lot has a house with attached garage present. • A permit was issued for the proposed addition; a f eld inspection indicated a discrepancy in the setback. • The majority of the back yard is occupied by a drainage and utility easement, making expansion to the rear minimal. • The lot is 70 feet wide, R-1 standards require the lot to be 85 feet wide at the setback line. • The property is zoned Planned Development, the intention of this Planned Development was to meet all the R-1 standards except for lot size and lot width requirements. 60 DAY AGENCY ACTION DEADLINE • A waiver has not been signed • Deadline is February 29, 2004 ATTACHMENTS (1): Planning staff report, pages to ~c5 g'S PLANNING REPORT CITY OF EAGAN REPORT DATE: January 15, 2004 APPLICANT: Marcie Tietjen PROPERTY OWNER: Same REQUEST: Variance CASE: 32-VA-24-12-03 HEARING DATE: January 20, 2004 APPLICATION DATE: Dec. 30, 2003 PREPARED BY: Sheila Cartney LOCATION: 1973 Covington Lane COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a three foot Variance to the 10 foot side yard setback for living space for an addition to the principal structure at 1973 Covington Lane in the northwest'/4 of Section 32. 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. g6 Planning Report -Covington Lane Variance January 20, 2004 Paae 2 e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS Section 11.60 Subdivision SE requires a 10 yard side yard setback for a principal structure. BACKGROUND/HISTORY A building permit was issued for a two store addition totaling 789 square feet to the subject property. Upon verifying the property line in the field during the footing inspection, a discrepancy in the side yard setback was revealed. The living space portion of the addition is proposed to be located seven feet from the north property line rather than the required 10 feet. EXISTING CONDITIONS The subject site is zoned Planned Development and the lot is 70 feet by 200 feet (14,000 square feet). There is a single family home with an attached two stall garage present onsite. A drainage and utility easement occupy the majority of the back yard. APPLICANT'S ESTIMATE OF HARDSHIP The applicant describes their small lot as having constraints that are atypical of other lots in the subdivision. There is a drainage and utility easement on the property that starts 36 inches from the back door and measures 30 feet in depth across the back yard. There is no option of vacating this easement. EVALUATION OF REQUEST The request is for a three foot variance to the 10 foot setback requirement for living space. The addition is a two story addition along with added garage space. The need for a variance was discovered in the field, the site plan submitted by the applicant indicated the required setbacks were satisfied. As previously mentioned the property is zoned Planned Development. The intention of this Planned Development was to meet all the R-1 standards except for lot size and lot width requirements. This subdivision has some lots under the 12,000 square foot area requirement and some lots do not meet the 85 foot lot width at the setback line requirement. The subject site does not meet the 85 foot lot width at the setback requirement, but exceeds the 12,000 square foot area requirement. In 1998 a similar variance was granted within the neighborhood. 8~ Planning Report -Covington Lane Variance January 20, 2004 Page 3 SUMMARY/CONCLUSION The applicant is requesting approval of a 3 foot variance for the proposed addition. The addition is proposed to have a 7 foot setback from the side property line which has a 10 foot requirement. When the applicant applied for a building permit the submitted plans indicated a 10 foot setback for the living space addition, when a field inspection was conducted the setback discrepancy was discovered. A drainage and utility easement covers the entire back yard in which no structures are allowed. The south side of the principal building is l4 feet from the side property line leaving no room for a complying addition. ACTION TO BE CONSIDERED To approve a three foot Variance to allow the proposed addition to have a setback of seven feet from the north side property line at property located at 1973 Covington Lane subject to the following conditions: 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. 2. The addition shall have a roof pitch and style that match the principal building. gg ~~~~ A Address: Legal Description: 1973 Covington Lane Eagan, MN 55122 Lot 24, Block 2 Berkshire Ponds Dakota County, MN PID: 10-13750-240-02 Project Description Comprehensive Guide Plan: Low Density Residential Zoning Classification: Planned Development Land Use: Single Family Home Surrounding Land use: Surrounded by Single Family Homes We have received a permit, EA062587, to build a 2-story addition to the North and West sides of our home as well as add a 10' x 24' garage stall. The addition is to be 30" x 20' to the North (backyard) and 13' x 26.5' to the West, the additional square footage totaling 789 SF of finished space and 240 SF garage. The upper level expansion will allow an additional bedroom for our 7 month old and a modest expansion to the Master Bedroom. The lower level will allow additional square footage in the Family Room and more storage. The garage addition falls within the required setback requirements, however upon verifying the property line at the footing inspection, it appears that the proposed addition falls approximately 3' over the setback requirement leaving it only 7' from the property line instead of the required 10'. A 30' utility easement 40" from the back of the house impedes any expansion off the back of the house. The front and East sides of the house cannot be expanded as well. We are asking for a variance to allow the "living space" to have the same setback as the garage, therefore allowing the addition to continue as proposed and the work to resume immediately. ~~ RECEIVED DEC 3 ^ 7f~3~ FROM PHONE N0. Jan. 14 2004 06:07PM P2 Hardship Assessment 1973 Covington Lane Eagan, M11T 55122 Lot 24, Block 2 Berkshire Ponds Dakota County, MN PID; 10-13750-240-02 We are requesting a variance for our property, 1973 Covington Lane, to alkrw the proposed "living space" to have the same setback, 5' from the property line, as the garage (`hon-living space's to allow the addition of a bedroom on the main level ofthe house and a modest expansion of the Master Bedroom. The constraints of our small lot are atypical of other lots in our subdivision. Our home is positioned at the setbacks on the East ()*rvnt) and South sides of the property. A Utility Easemc~t lies on the West side (Back Yard) of the property that starts 36" from our back door and measures 30' is depth and crosses the full width of our property. The utility easement holds a gas rnain, surer main and a water main. We spoke directly with an engineer at Aquila and have bey told that we would not be able to };et a vacation of easemerrt in order for the gas main to be moved and the city is understandably unwilling to move the water main. The only direction in which we have the ability Lo expand is to the North. The addition of the third bedroom on the main level is for our socond child. We have worked with our builders for many months designing and redesigning the addition and found no way to add the bedroom without encroaching on the setback. We determined this is the only way to add the additional space and keep our property competitive in the marketplace without becomiiaif, cost prohibitive. We purchased the property with the intention of adding on as our family expanded -- we had no laiowledge of a utility easement 2 %s feet from our back door. Yt is our desire to stay in our home and this is why we have chosen to invest in an addition. T-Iowever, if we cannot aher the property to meet our needs we will have to move. We have already received a permit to build, EA062586, and only became aware ofthe encroachment upon verification of the property Bone during the foaling inspection. 'The plot plan we were given by the city was not clear and we thought we were within the setbacks prior to digging. It is our understanding that there are other neighborhoods that have a 5' setback far non- living space and S' setback for living space and still others that have no setbacks at aIl. Please consider allowing our addition to share the same setback as the garage or `lion-living space" so that we may continue the addition. Thank You, Marcie a~ad pat Tietjea 9~ Esgan Boundary Location Map ~ ^ ~ Street Centerline Parcel Arse Building FootprlM m ~® t$ ® ® a o `~ ~ ~'. l ~E ~ 3 ~ ~ `$ ~ e ®®e Development/Developer: Marcie Tietjen Application: Variance Case No.: 32-VA-24-12- Map Prepared using ERSI AreYaew 3.1. Parcel baw map data provided N by Dekoh County OlFiee of GIS and is current es of June 200]. THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E city oi' e~gan The City of Eagan and Dakota County do not guarantee the accuracy of this information and aro S eommudty Oevdepnrant Deparlnent not responsible for error or omissions. 10D0 0 700D 200D Feet ~/ ~!i ~ ~~ o na ~,~. ~ J O ~v ~, Go v ~ ~t 4'~'o N t~A-l•tE ,Spp 4J ~ip7 Td~ ~ _. a.o ~ ~~ G.>0.a - --- , - ~ t•~t p'z ;4' Zoo" E .7 0' s p - - -- - -- - ~~ ~'~~ ~D ~L ~ q ~` ~ 93S • ti --~ ~~` 9~0.. ~~~ -~- ~ °' .~ ao r- ~ =~ M ,_ Z ~~ ~- 923 3 ..__ 0 0 x T -415 20.33 ~ ~ 7 ~~ ~....,` O X'r~ p - !~l}QA4E% 0 2o,`,i,, 14.5 ` N 94e.o ~ m ~ ~n\, I ' ~~~ ~ ,-, ,, "' ~~_~_;- - - ~- 30 l]TILIi`! E~S~- I r.~Ei~T DO~~ -iZS?•7I '-y~--~ 4 I _,_Z_--~~ ~ ~; ~' _ ~ `~~~~ E ~ A,,~~ ~ ~ 9oe I EY,~S ~ °J3y.o F~~ q3°.> ~~ S,t 9 ? ~ .4 7 ~' ~ n • ~~? •~ ~4, v _ Jar ` `~ ~a ~ o ~~ ~ ~ ~~ t0 `I ~ a~' / B n I l d'~C LY ~i Pi`V 1 Z-2-`i -0'3 t Q a `" 0 ~ uoa.TN 41 N ~ SG~>= ~~,, 3a~ 2 a,u- gnaw uc,s e~,~y~~n~ o pEt~toT65 12ot.I MOh1lSME[~1T RECEIVED D~;, 3 J 20(13 gz~ ~ pFyC~tPTIctJ l_oT 24 ~ F~L-oGK- z, ~RK.SNtQE Pot1v5, ~~ D A,{C~T,d, co t.31.1T `t, La~~l~ 18,1 ~• DGr.IRV~.rlal T~• L 15-1'x14'-3• r°> - -I- ` - - - - - - - - - - - - - - - - - - ~ ~ ~ ~ ~ 5'~ ~ / ~ ze'~„~ 8' CEILINGS ` , _g~ C:FII INGS _ ~_ I _)- - 7 ~ I ~ WALK-IN CLOSET T-17' x 11'-T to-2 5s' e'-o• MASTER BDRM 18'-t' x 15'-0• - - -I- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - GARAGE 29'-3' x 21'-3' --'I I -I b __ i 0' Constructive Name Flan Type OdginalDate Scale Page Solutions Marcie Sr Pat Tietjen U er Level &26-03 118" = 1' ~ 13012 Vernon Ave Savage MN 55378 Address Pfoject TYPe Revision Dete Drawn By Drawings and desipu am preliminary , s5z-ssa-aazo 1973 Covington Lane °"''a"d"°`""'~'°"°'~`""~°" 95 2-8 95063 7 Fax Ea an MN 55122 Addition 12-29-03 B. En Strom c.) copydynotconstruca~esoag«,s 9~ RECENED DEC 3 02003 Constructive Nam PlonType Ori~nalDate Scale Page Solutions Marcie & Pat Tietjen Lower Level &26-03 1/8" = 1' 13012 Verrwn Ave Savage, MN 55378 AEdress ~e'ct TYPe Revision Date Dravm By Drawings anE designs are preiniinary 95z-ssa-aazo 1973 Covington Lane oNy and not fiiak for construction. 952-89b0631 Fax Ea an, MN 55122 Addition 12-29-03 B. Engstrom c.l copyngMaconstntc6ve soktions Constructive Neme Plan Type OrigirrelDete scale Page Solutions Marcie 8~ Pat Tietjen P6 Elevation 8-26-03 1/8" = 1' 13012 Vernon Ave Savage, MN 55378 Address Project Type Revision Dale ~~ By o y and nd break for conSWclionary s5z-asa-aazo ssz~sssos3lFex 1973 Covington Lane Ea an MN 55122 Addition 11-6-03 B. Engstrom c.> copyrightoTConstrucdvesohfions 9s Agenda Information Memo January 20, 2004 Eagan City Council Meeting B PROJECT 894, COACHMAN LAND CO./ CENTURY POINT & DONALD COURT STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 894 (Coachman Land Co., Century Point & Donald Court -Street Overlay) and authorize the preparation of detailed plans and specifications. REQUIRED VOTE FOR APPROVAL: 4/5th of all Council Members FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past fourteen years, the City has rehabilitated approximately 63 miles of local streets. • The resurfacing Coachman Road, Four Oaks Road, Farnum Drive, Century Point and Donald. Court has been programmed for 2004 in the City's 5-Year Capital Improvement Program. In January, 2003, advanced notices of this pending capital improvement were sent to all affected property owners. • On June 3, 2003, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule of the rehabilitation of Coachman Road, Four Oaks Road, Farnum Drive, Century Point and Donald Court, located north of Yankee Doodle Road and east of Highway 13. • On December 1, 2003, the feasibility report for Project 894 was presented to the City Council and a Public Hearing was scheduled for January 20 to formally present and discuss the report with the adjacent property owners. • An informational meeting was held on January 15 in the City Hall Eagan Room for the adjacent property owners and representatives to discuss the proposed improvements. Of the 4single-family, 181 townhouse, 4 apartment (R-4), and 7 commerciaUindustrial properties proposed to be assessed under this improvement, 1 person representing 1 property attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pages~~through~4.~ • Informational Meeting Minutes, pages~hrough~ , 9~ Report for Coachman Land Company, Century Point, and Donald Ct. Neighborhood Street Revitalization City Project No. 894 i k~ ;' ~ ~ ;.,f~w H i . ~', aY - , y ~. i~ p c r _.M ~. . -fir ~ xti' ~ . s:U '~ T.: ~ f h~ Y~~} ~7~: . ~~` 2 AxM_ J ~~. ~ :fi. L ~ _ ~,p '~'~•. Icy s _ ~ rr:~,4 f~ fY { _ ~ ~ ~ ~ _ j Eagan, Minnesota January, 2004 9~ city of eec~en PAT GEAGAN Mayor PEGGY CARLSON CYNDEE FIELDS MIKE MAGUIRE MEG TILLEY Council Members THOMAS HEDGES City Administrator Municipal Center: 3830 Pilot Knob Road Eagan, MN 55122-]897 Phone: 651.675.5000 Fax: GS 1.675.5012 TDD: 651.454.8535 Maintenance Facility: 3501 Coachman Point Eagan, MN 55122 Phone: 651.675.5300 Fax: 651.675.5360 TDD: 651.454.8535 www.ciryofeagan.com THE LONE OAK TREE The symbol of strength and growth in our community January 14, 2004 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Coachman Land Company, Century Point, and Donald Court Street Improvements City Project No. 894 Dear Mayor and City Council: Attached is our report for the Coachman Land Company, Century Point, and Donald Court - Street Improvements, City Project No. 894. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of tlus report. Sincerely, li/~~ ~~~ John P. Gorder Assistant City Engineer Reviewed By: ~~ ~ ,~, Dept. of Public Works Finance 9~r I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. // +~. ~'1 John P. Gord' r Date: f ^ ~ y' ~ ~ Reg. No. 22813 Date: l ` / ~ °" ~ ~" Date: ~ ~" ~~ "~~ TABLE OF CONTENTS Letter of Transmittal/Certification Table of Contents Page Introduction .......................................................................................................2 Scope ................................................................................................................. 4 Feasibility and Recommendations ..............................................................................4 Street Evaluation .................................................................................................. 5 Proposed Improvements .............................................................................. ........5 Easements/Permits ................................................................................................ 7 Cost Estimate ....................................................................................................... 7 Assessments ........................................................................................................ 7 Low Density Residential (R-1,R-2,R-3) ........................................................... 8 High Density Residential (R-4) ...................................................................... 9 Commercial/Industrial .................................................................................. 10 Assessment Financing Options .................................................................................10 Revenue Source ................................................................................................... 11 Project Schedule ....................................................................................................12 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2A & 2B Street Improvement/Assessment Area Map - 3 Typical Section -Overlay ~'9 January 2004 Street Improvement Report Coachman Land Company, Century Point, and Donald Court Eagan, Minnesota Introduction/ History As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. There are approximately 1.4 miles of streets identified for overlay improvements in 2004 in this area. These streets include Century Point, Coachman Road, Donald Court, Farnum Drive, and Four Oaks Road. Figure 1, located in the back of this report, illustrates the project location. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed at 5 to 7 years, again at 12 to 14 years with a bituminous overlay at approximately 20 years. Overlaying these roadways located within the project area, which are presently at the 20 to 24 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the pavement. The City of Eagan's /~ 2 maintenance records shown below indicate when the streets were constructed, previously overlayed and seal coated: ~~~ Street , Constructed Seal Coated Century Point ! 1984 Coachman Road 1971 1989, 1992 1984 (overlay), 1987 Donald Court !r 1980 1987 Farnum Drive '~ 1982 1987, 1993 Four Oaks Road ' ~ 1981 1987, 199.3 The Public Works maintenance program typically includes patching and crack sealing during the summer prior to the overlay. During the past few construction seasons, the Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas, placed leveling and maintenance overlays on portions of the streets under consideration. These repairs alone will not substantially extend the life expectancy of the street pavements if not combined with the bituminous overlay proposed with this project. (See example photo) 6" ~~ ~ a ~ ~ ~ ~...-~ r ~.S ~ T ~±~t!~Y 9Sr~t _ 5ri~ T. ,.wt,ti ~y5~lwrlp. i.:;•tMb;~ v `r~ .-zrr'P - m ~ . r: t ~r ~ ~firt , ~ x »,!, ~.~~~ ~yy "e a Y' ,`r t y S ) .~ xp,i F !o/ 3 Example of City Street Pavement Preparatory Maintenance Area on Four Oaks Road The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) in the project area and determined the system is in good working order and only minor major repairs are necessary. Scope This project will provide resurfacing (edge mill and overlay) for approximately 1.4 miles of roadways. Figure 2, located in Appendix C, illustrates the project area. Also included in this project are replacement of the damaged curb and gutter, adjustments to sanitary/storm sewer utility castings, water gate valves, traffic sign replacement as well as the removal and replacement of all existing bituminous commercial entrances with concrete aprons per current City standards. Feasibility and Recommendations This project is necessary to prevent further decay of the pavement section, create a safer driving surface, increase ride ability, and add structural strength. This project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of these streets. This project is feasible in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2004 - 2008) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the area. /o ff 4 Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI Recommended Improvement 56 - 100 Routine Maintenance/Crack Seal/Seal Coat 36 - 55 Patch/Repair andlor Overlay 0 - 35 Reconstruct The 2003 PCI rankings for this area has a neighborhood weighted average pavement condition rating of 62 which falls in the lower rankings of the "Routine Maintenance/Crack Seal/Seal Coat" category mainly due "to the preparatory maintenance performed by City crews as mentioned above. The street pavements have reached an age where, based on the City's past experience, the integrity of the pavement can rapidly decline if no improvements are performed. The PCI ratings are just above the "Patch/Repair and/or Overlay" category, therefore, the 2004 construction season is the optimal time to construct the bituminous overlay on these streets. The project can be delayed until the PCI ratings fall further into the "Patch/ Repair and/or Overlay" category, however, if it is delayed, the structural benefit to the pavement maybe reduced. Proposed Improvements Pavement -The proposed street improvements are shown in Figure 3. The existing street section for the collector streets (Coachman, Four Oaks) consists of a 3 %2 "bituminous pavement supported by 13" gravel base and the local streets consist of a 3" bituminous pavement supported by 6" gravel base . The existing bituminous surface will be milled adjacent to the existing curb and gutter (6'-8' wide) to accommodate a 1 %-inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for local and collector streets. The combination of patching, and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the !0 3 underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Concrete curb & gutter -Damaged curb and gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 9% (1300 feet) of the existing 2.8 miles of concrete curb and gutter will have to be replaced. Boulevard sod will be removed and replaced by a 2' wide roll behind each section of curb and gutter that is repaired. While the contractor who performs the work is responsible for it's establishment in the first 30 days after placement, adjacent residents are encouraged to consistently water the new sod to help ensure its growth. Signage -The existing traffic control and street identification signage does not meet current standards and will be replaced as part of the City's sign replacement program. Driveway Replacement -The existing bituminous driveway entrances in the commercial/ industrial portions of the project area are proposed to be replaced. The entrances will be reconstructed with 7"-thick concrete entrance aprons in accordance with Eagan Standard Detail 440, as shown on Figure 4. This driveway entrance replacement provides commercial entrances of adequate strength and width and is consistent with similar past projects in commercial/ industrial areas throughout the City. }, ,, '~: Example of a recent street overlay project in Eagan (Oak Chase 6`~/Ches Mar East, 2002) /o ~ Easement/Permits Temporary easements may need to be obtained to construct the new commercial/ industrial driveway entrances. It is anticipated that no permits will be required for the resurfacing project. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2004 construction costs and include a 5% contingency and indirect cost of 30%, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Collector Streets (Coachman Road & Four Oaks Road) • Edge Mill and Overlay ............................................$123,700 • Repair Existing Concrete Curb & Gutter .................. 17 280 Subtotal ......$140,980 Local Streets (Century Point, Donald Court, Farnum Drive & part of Four Oaks Road) • Edge Mill and Overlay ..............................................$66,780 • Repair Existing Concrete Curb & Gutter .................. 22 020 Subtotal ........$88,800 Concrete Driveway Replacement ..................................................$19,110 Utility Improvements .......................$24,700 Total Project Cost ..................... 273 590 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for local and collector streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. /pS 7 City Special Assessment Policy Mill and Overlay • Low Density Residential (R-1,2,3) • Multiple Residential (R-4) • Neighborhood Parks • Commercial/Industrial Driveway Replacement Repair Existing Concrete Curb and Gutter Assessment Ratio Property City 50%* 50% 75% 25% 50%* 50% 100% 0% 100% 0% 0% 100% *A 32/44 street width ratio is used to calculate the residential assessment for collector streets Low Density Residential Lots (R-1, R-2, R-3) All low-density residential properties [4 single-family lots, (181 town houses = 136 lot equivalents)] as shown on Figure 2, having driveway access on to the streets to be improved are proposed to be assessed. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for R-1, R-2 and R-3 residential properties and are based on a normal residential width street (32 feet.) The residential lot assessment amount is calculated based on the front footage adjacent to the project. The estimated cost per residential lot equivalent is to be assessed based on the City Assessment Policy calculated as follows: 1) % Low Density Residential (R-1,2,3) = 6,378 f.f. / 14,315 (total f.£) = 44.6% 2) [$66,780 (Mill & Overlay Cost - Local) x 50% x 44.6%] + [$123,700 (Mill & Overlay Cost - Collector) x 50% x 44.6% x (32/44)] _ $34,950 [Total Residential Assessment (R-1, 2, 3)] 3) $34,950 (Low Density Residential Assessment) -~ $250/ lot (R-1,2,3) 140 Residential Lot Equivalents 4) Town house => 75% of a Single Family Lot (0.75 x $250/ ]ot) _ $188/ Townhouse Unit /06 High Density Residential Lots (R-4) All high density R-4 residential lots as shown on Figure 2, having driveway access on to the streets to be improved are proposed to be assessed. The City's Assessment Policy states that 75% of the mill and overlay costs are assessable for these residential properties. The estimated cost per R-4 residential foot to be assessed based on the City Assessment Policy is $10.00 per foot and is calculated as follows: 1) % High Density Residential (R-4) = 2,993 f.f. / 14,315 (total f.£) = 20.9% 2) [$66,780 (Mill & Overlay Cost) x 75% x 20.9%] + [$123,700 (Mill & Overlay Cost) x 75% x 20.9%] _ $29,860 [Total High Density Residential Assessment (R-4)] 3) $29,860 (High Density Residential Assessment) -~ $10.00/foot (R-4) 2,993 High Density Residential F.F Neighborhood Parks Quarry Park takes driveway access onto Coachman Road and is proposed to be assessed. The City's Assessment Policy states that 50% of the mill & overlay costs are assessable for neighborhood parks based on a normal residential street width (32 feet). The estimated cost per neighborhood park front foot is $5.51/ foot and is calculated as follows: 1) % Neighborhood Park = 655 f.f. / 14,315 (total f.f.) = 4.6% 2) [$66,780 (Mill & Overlay Cost) x 50% x 4.6%] + [$123,700 (Mill & Overlay Cost) x 50% x 4.6% x 32/44] =$3,610 (Park Assessment) 3) $3,610 (Neighborhood Park Assessment) ~ $5.51/front foot 655 Neighborhood Park F.F /off 9 Commercial and Industrial Lots All commercial and industrial lots (8 lots) as shown on Figure 2, having driveway access on to the streets to be improved are proposed to be assessed. The City's Assessment Policy states that 100% of the mill and overlay costs are assessable for both local and collector streets, regardless of width. The estimated cost per commercial/industrial foot to be assessed based on the City Assessment Policy is $13.33/foot and is calculated as follows: 4) % Commercial/Industrial = 1,899 f.f. / 14,315 (total f.f.) = 13.3% 5) [$66,780 (Mill & Overlay Cost) x 100% x 13.3%] + [$123,700 (Mill & Overlay Cost) x 100% x 13.3%] =$25,330 (Total Commercial/ Industrial Assessment) 6) $25,330 (Commercial/Industrial Assessments ~ $13.33/foot 1,899 Commercial/Industrial F.F Also, all adjacent commercial/ industrial properties with driveways not to current City standards are proposed to be assessed the total cost of driveway entrance replacement improvements on area of driveway installed. The total driveway improvement assessment per lot is calculated based on the individual requirements needed to replace existing bituminous entrances with concrete entrances in accordance with current City standards. The average cost of driveway replacement is approximately $4,800. Non-Assessable Properties There is property adjacent to Coachman Road that takes access from Alden Pond Lane. This property has a front footage of 2,390 feet along Coachman Road but is not proposed to be assessed for these improvements. Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years for low /off density properties and ten years for R-4 and Commercial/ Industrial properties with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedules will result based on an estimated 5.5% interest for the assessed amounts: Single-Family Assessment = $250 _ Principal Per Year Interest Per Year Cost Per Year _. First Year _ $50 ( _ $14 $64 - - .. _. Fifth Year _ ~_! $50 ~^ $3 ~ $53 -V-- Townhome Assessment = $188 Principal Interest Cost Per Year Per Year Per Year First Year ; _ ~ $3 8 _ _ $10 ~ ~ $48 ,Fifth Year $38 ~ $2 ~$40 CommerciaU Industrial & R-4 Properties (per $5,000 Assessment) Principal Per Year Interest Per Year 5 Cost Per Year First Year $500 $280 ~ $780 Tenth Year ~ $500 $28 $528 /0 9 Revenue Source A summary of revenue sources is listed below: Project Property City Cost Assessment Contribution Mill and Overlay $190,480 $93,750 ($96,730) Driveway Replacement $19,110 $19,110 -0- Repair Existing Curb $39,300 -0- ($39,300) Utility Improvements $24,700 -0- ($24,700) Total $ 273,590 $112,860 ($160,730) The City's Major Street and Utility Funds will finance the estimated project deficit of $160,730 (approx. 59% of total). Proiect Schedule Present Feasibility Report to City Council/ Order Public Hearing ........................................................ December 1, 2003 Neighborhood Meeting .......................................................................... January 15, 2004 Public Hearing .......................................................................... January 20, 2004 Approve Plans and Specifications ............................................................. February 3, 2004 Award Contract ................................................................................. March, 2004 Project Completion ................................................................................July 31, 2004 Final Cost Report .......................................................................... September, 2004 Final Assessment Hearing ..................................................................................... Fall, 2004 First Payment Due with Property Tax Statement .................................... May 15, 2005 /~a 12 Appendix A -Street Overlay -City Project No. 894 Preliminary Cost Estimate Coachman Land Company, Century Point, Donald Court Local Streets I. Bituminous Street Overlay Item Unit Est. Q Unit Price Est. Cost Mobilization L.S. 1 $2,500.00 $2,500 Mill Bituminous Pavement S.Y. 3690 $1.15 $4,240 T e 41 Wear Course Mixture Ton 1000 $34.00 $34,000 Bituminous Material for Tack Coat Gal. 510 $2.00 $1,020 Adjust Valve Box Each 11 $150.00 $1,650 Adjust Frame & Ring Casting (Manhole Each 8 $260.00 $2,080 Traffic Control L.S. 1 $2,000.00 $2,000 Re lace Traffic & Street Si ns L.S. 1 $1,430.00 $1,430 Subtotal $48,920 + 5% Contin encies $2,450 Subtotal $51,370 + 30% Indirect Costs $15,410 SUBTOTAL $66 780 II. Repair Existing Concrete Curb & Gutter Item Unit Est. Q Unit Price Est. Cost Remove Concrete Curb and Gutter L.F. 660 $4.00 $2,640 D412 Concrete Curb and Gutter L.F. 660 $15.00 $9,890 Adjust Frame & Rin Castin (C.B Each 6 $200.00 $600 Sod w/To soil S.Y. 180 $10.00 $1,800 Bituminous Drivewa Patchin S.Y. 50 $24.00 $1,200 Subtotal $16,130 + $% Contingencies $810 Subtotal $16,940 + 30% Indirect Costs $5,080 SUBTOTAL $22,020 Total Cost -Local $88,800 //~ Collector Streets (Four Oaks Road/ Coachman Road) I. Bituminous Street Overlay Item Unit Est. Qt . Unit Price Est. Cost Mobilization L.S. 1 $2,500.00 $2,500 Mill Bituminous Pavement S.Y. 6470 $1.15 $7,440 T e 41 Wear Course Mixture Ton 2000 $34.00 $68,000 Bituminous Material for Tack Coat Gal. 1080 $2.00 $2,160 Adjust Valve Box Each 6 $150.00 $900 Adjust Frame & Ring Casting (Manhole) Each 5 $260.00 $1,300 Traffic Control L.S. 1 $2,000.00 $2,000 Re lace Traffic & Street Si s L.S. 1 $3,820.00 $3,820 Stri in L.S. 1 $2,500.00 $2,500 Subtotal $90,620 + S% Contingencies $4,530 Subtotal $95,150 + 30% Indirect Costs $28,550 SUBTOTAL $123,700 II. Repair Existing Concrete Curb & Gutter Item Unit Est. Qt . Unit Price Est. Cost Remove Concrete Curb and Gutter L.F. 500 $4.00 $2,000 D412 Concrete Curb and Gutter L.F. 500 $15.00 $7,500 Adjust Frame & Rin Castin (C.B Each 4 $200.00 $800 Sod w/To soil S.Y. 140 $10.00 $1,400 Bituminous Drivewa Patchin S.Y. 40 $24.00 $960 Subtotal $12,660 + 5% Contingencies $630 Subtotal $13,290 + 30% Indirect Costs $3,990 SUBTOTAL $17,280 Total Cost -Collectors $140,980 era Driveway Entrance Replacement Item Unit Est. Q Unit Price Est. Cost Drivewa Entrance Re lacement S.Y. 200 $70.00 $14,000 Subtotal $14,000 + 5%Contin encies $700 Subtotal $14,700 + 30% Indirect Costs $4,410 Total $19,110 Utility Improvements Item Unit Est. Q Unit Price Est. Cost Rem. & Re 1. Castin &Rin s (CB EA 1 $500.00 $500 Rem. & Re 1. Castin & To Slab (CB) EA 16 $700.00 $11,200 Rem. & Re 1. Gate Valve - To Section EA 6 $400.00 $2,400 Rem. & Re 1. Castin &Rin s (MH) EA 8 $500.00 $4,000 Subtotal $18,100 + 5%Contin encies $900 Subtotal $19,000 + 30% Indirect Costs $5,700 Total $24,700 GRAND TOTAL PROJECT COST $ 273,590 /i~ Appendix B -City Project No. 894 Preliminary Assessment Roll Coachman Land Company, Century Point, Donald Court Street Overlay Parcel R-1 Properties Four Oak Estates P.I.N. Lot E uivalent Rate/ Lot Total 1635 Four Oaks Road 10-27430-041-01 1 $250 $250 1645 Four Oaks Road 10-27430-020-01 1 $250 1655 Four Oaks Road 10-27430-010-01 1 $250 1650 Four Oaks Road 10-00900-021-31 1 $250 R-1 Subtotals 4 $1,000 R-3 Pro erties Cameron Court, Block 1 1624 Donald Court 10-16300-180-01 0.75 $250 $188 1625 Donald Court 10-16300-202-O1 0.75 $188 1626 Donald Court 10-16300-170-01 0.75 $188 1627 Donald Court 10-16300-201-01 0.75 $188 1628 Donald Court 10-16300-162-01 0.75 $188 1630 Donald Court 10-16300-161-O1 0.75 $188 1631 Donald Court 10-16300-210-O1 0.75 $188 1632 Donald Court 10-16300-140-01 0.75 $188 1633 Donald Court 10-16300-220-O1 0.75 $188 1634 Donald Court 10-16300-130-01 0.75 $188 1636 Donald Court 10-16300-120-01 0.75 $188 1637 Donald Court 10-16300-230-01 0.75 $188 1638 Donald Court 10-16300-110-01 0.75 $188 1639 Donald Court 10-16300-240-01 0.75 $188 1640 Donald Court 10-16300-100-01 0.75 $188 1642 Donald Court 10-16300-090-01 0.75 $188 1643 Donald Court 10-16300-250-01 0.75 $188 1644 Donald Court 10-16300-080-01 0.75 $188 1645 Donald Court 10-16300-260-01 0.75 $188 1646 Donald Court 10-16300-070-01 0.75 $188 1648 Donald Court 10-16300-060-01 0.75 $188 1649 Donald Court 10-16300-270-01 0.75 $188 Subtotals 16.5 $4,130 ~~Y Lot E uivalent Rate/ Lot Total 1650 Donald Court 10-16300-050-01 0.75 $250 $I88 1651 Donald Court 10-16300-280-01 0.75 $188 1654 Donald Court 10-16300-040-01 0.75 $188 1655 Donald Court 10-16300-290-01 0.75 $188 1656 Donald Court 10-16300-030-01 0.75 $188 1657 Donald Court 10-16300-300-01 0.75 $188 1660 Donald Court 10-16300-020-01 0.75 $188 1661 Donald Court 10-16300-310-01 0.75 $188 1662 Donald Court 10-16300-010-01 0.75 $188 1663 Donald Court 10-16300-320-01 0.75 $188 Subtotals 7.5 $1880 R-3 Properties Coachman Hi hlands, Block 1 3213 Ever reen Drive 10-18075-350-01 0.75 $250 $188 3215 Ever een Drive 10-18075-340-01 0.75 $188 3216 Ever een Drive 10-18075-540-01 0.75 $188 3217 Ever een Drive 10-18075-330-01 0.75 $188 3218 Ever een Drive 10-18075-550-01 0.75 $188 3219 Ever een Drive 10-18075-320-01 0.75 $188 3220 Ever een Drive 10-18075-560-01 0.75 $188 3221 Ever een Drive 10-18075-310-01 0.75 $188 3222 Ever reen Drive 10-18075-570-01 0.75 $188 3223 Ever een Drive 10-18075-300-01 0.75 $188 3224 Ever een Drive 10-18075-580-01 0.75 $188 3225 Ever reen Drive 10-18075-290-01 0.75 $188 3226 Ever reen Drive 10-18075-590-01 0.75 $188 3227 Ever reen Drive 10-18075-280-01 0.75 $188 3228 Ever een Drive 10-18075-600-01 0.75 $188 3229 Ever een Drive 10-18075-270-01 0.75 $1 gg 3230 Ever reen Drive 10-18075-610-OI 0.75 $188 3231 Ever een Drive 10-18075-260-01 0.75 $188 3232 Ever een Drive 10-18075-620-01 0.75 $188 3233 Ever reen Drive 10-18075-250-01 0.75 $188 3234 Ever reen Drive 10-18075-630-01 0.75 $188 3235 Ever reen Drive 10-18075-240-01 0.75 $188 3236 Ever reen Drive 10-18075-640-01 0.75 $188 3237 Ever reen Drive 10-18075-230-01 0.75 $188 3238 Ever een Drive 10-18075-650-01 0.75 $188 3239 Ever reen Drive 10-18075-220-01 0.75 $188 3241 Ever een Drive 10-18075-210-01 0.75 $188 3243 Ever een Drive 10-18075-200-01 0.75 $188 Subtotals 21 $5,250 ~~s Lot E uivalent Rate/ Lot 3245 Ever een Drive 10-18075-190-01 0.75 $188 3247 Ever reen Drive 10-18075-180-01 0.75 $188 3249 Ever een Drive 10-18075-170-01 0.75 $188 3251 Ever een Drive 10-18075-160-01 0.75 $188 3253 Ever een Drive 10-18075-150-01 0.75 $188 3255 Ever een Drive 10-18075-140-01 0.75 $188 3257 Ever een Drive 10-18075-130-01 0.75 $188 3259 Ever een Drive 10-18075-120-01 0.75 $188 1589 Raindro Drive 10-18075-530-01 0.75 $188 1591 Raindro Drive 10-18075-520-01 0.75 $188 1593 Raindro Drive 10-18075-510-01 0.75 $188 1595 Raindro Drive 10-18075-500-01 0.75 $188 1597 Raindro Drive 10-18075-490-01 0.75 $188 1599 Raindro Drive 10-18075-480-01 0.75 $188 1603 Raindro Drive 10-18075-470-01 0.75 $188 1605 Raindro Drive 10-18075-460-01 0.75 $188 1607 Raindro Drive 10-18075-450-01 0.75 $188 1609 Raindro Drive 10-18075-440-01 0.75 $188 1611 Raindro Drive 10-18075-430-01 0.75 $188 1613 Raindro Drive 10-18075-420-01 0.75 $188 1620 Raindro Drive 10-18075-360-01 0.75 $188 1622 Raindro Drive 10-18075-370-01 0.75 $188 1624 Raindro Drive 10-18075-380-01 0.75 $188 1626 Raindro Drive 10-18075-390-01 0.75 $188 1628 Raindro Drive 10-18075-400-01 0.75 $188 1630 Raindro Drive 10-18075-410-01 0.75 $188 1590 Snowflake Drive 10-18075-020-01 0.75 $188 1591 Snowflake Drive 10-18075-710-01 0.75 $188 1592 Snowflake Drive 10-18075-030-01 0.75 $188 1593 Snowflake Drive 10-18075-700-01 0.75 $188 1594 Snowflake Drive 10-18075-040-01 0.75 $188 1595 Snowflake Drive 10-18075-690-01 0.75 $188 1596 Snowflake Drive 10-18075-050-01 0.75 $188 1597 Snowflake Drive 10-18075-680-01 0.75 $188 1599 Snowflake Drive 10-18075-670-01 0.75 $188 1600 Snowflake Drive 10-18075-060-01 0.75 $188 1601 Snowflake Drive 10-18075-660-01 0.75 $188 1602 Snowflake Drive 10-18075-070-01 0.75 $188 1604 Snowflake Drive 10-18075-080-01 0.75 $188 1606 Snowflake Drive 10-18075-090-01 0.75 $188 / /6 Subtotals 29.25 $7 310 Lot E uivalent Rate/ Lot Total 1608 Snowflake Drive 10-18075-100-01 0.75 $250 $188 1610 Snowflake Drive 10-18075-110-01 0.75 • $188 Subtotals 1.5 $380 R-3 Properties Coachman Land Com an 1St Addition Lot E uivalent Rate/ Lot Total 1571 Four Oaks Road 10-18150-030-03 0.75 $250 $188 1573 Four Oaks Road 10-18150-040-03 0.75 $188 1575 Four Oaks Road 10-18150-040-04 0.75 $188 1577 Four Oaks Road 10-18150-010-04 0.75 $188 1581 Four Oaks Road 10-18150-030-OS 0.75 $188 1583 Four Oaks Road 10-18150-020-OS 0.75 $188 1585 Four Oaks Road 10-18150-040-OS 0.75 $188 1587 Four Oaks Road 10-1815-0010-OS 0.75 $188 1589 Four Oaks Road 10-18150-030-06 0.75 $188 1591 Four Oaks Road 10-18150-020-06 0.75 $188 1593 Four Oaks Road 10-18150-030-07 0.75 $188 1595 Four Oaks Road IO-1815-0040-07 0.75 $188 3101 Farnum Drive 10-18150-010-07 0.75 $188 3103 Farnum Drive 10-18150-020-07 0.75 $188 3105 Farnum Drive 10-18150-040-06 0.75 $188 3107 Farnum Drive 10-18150-010-06 0.75 $188 3109 Farnum Drive 10-18150-040-08 0.75 $188 3111 FamumDrive 10-18150-030-08 0.75 $188 3113 Farnum Drive 10-18150-010-08 0.75 $188 3115 Farnum Drive 10-18150-020-08 0.75 $188 3141 Farnum Drive 10-18150-010-02 0.75 $188 3143 Farnum Drive 10-18150-020-02 0.75 $188 3145 Farnum Drive 10-18150-030-02 0.75 $188 3147 Farnum Drive 10-18150-040-02 0.75 $188 3149 Farnum Drive 10-18150-020-04 0.75 $188 3151 Farnum Drive 10-18150-030-04 0.75 $188 3153 Farnum Drive 10-18150-010-03 0.75 $188 3155 Farnum Drive 10-18150-020-03 0.75 $188 Subtotals 21 $5,250 R- 3 Coachman Land Com an 2"d Addition Lot E uivalent Rate/ Lot Total 3136A Farnum Drive 10-18151-040-02 0.75 $250 $188 3136B Farnum Drive 10-18151-010-02 0.75 $188 ~i7 3138A Farnum Drive 10-18151-030-02 0.75 $188 Subtotals 2.25 $560 Lot E uivalent Rate/ Lot Total 3138B Farnum Drive 10-18151-020-02 0.75 $250 $188 3140A Farnum Drive 10-18151-040-03 0.75 $188 3140B Farnum Drive 10-18151-010-03 0.75 $188 3142A Farnum Drive 10-18151-030-03 0.75 $188 3142B Farnum Drive 10-18151-020-03 0.75 $188 3144A Farnum Drive 10-18151-030-04 0.75 $188 3144B Farnum Drive 10-18151-010-04 0.75 $188 3146A Farnum Drive 10-18151-040-04 0.75 $188 3146B Farnum Drive 10-18151-020-04 0.75 $188 3148A Farnum Drive 10-18151-010-OS 0.75 $188 3148B Farnum Drive 10-18151-020-OS 0.75 $188 3150A Farnum Drive 10-18151-030-OS 0.75 $188 3150B Farnum Drive 10-18151-040-OS 0.75 $188 3152A Farnum Drive 10-18151-010-06 0.75 - $188 3152B Farnum Drive 10-18151-020-06 0.75 $188 3154A Farnum Drive 10-18151-040-06 0.75 $188 3154B Farnum Drive 10-18151-030-06 0.75 $188 3156A Farnum Drive 10-18151-010-07 0.75 $188 3156B Farnum Drive 10-18151-020-07 0.75 $188 3158A Farnum Drive 10-18151-040-07 0.75 $188 3158B Farnum Drive 10-18151-030-07 0.75 $188 Subtotals 15.75 $3,940 R-3 Coachman Land Com an 3rd Addition Lot E uivalent Rate/ Lot Total 3108A Farnum Drive 10-18152-030-08 0.75 $250 $188 3108B Farnum Drive 10-18152-040-08 0.75 $188 31 l0A Farnum Drive 10-18152-020-08 0.75 $188 3110B Farnum Drive 10-18152-010-08 0.75 $188 3112A Farnum Drive 10-18152-030-07 0.75 $188 3112B Farnum Drive 10-18152-040-07 0.75 $188 3114A Farnum Drive 10-18152-020-07 0.75 $188 3114B Farnum Drive 10-18152-010-07 0.75 $188 3116A Farnum Drive 10-18152-030-06 0.75 $188 3116B Farnum Drive 10-18152-040-06 0.75 $188 3118A Farnum Drive 10-18152-020-06 0.75 $188 3118B Farnum Drive 10-18152-010-06 0.75 $188 3120A Farnum Drive 10-18152-040-OS 0.75 $188 3120B Farnum Drive 10-18152-010-OS 0.75 $188 /i~ 3122A Famum Drive 10-18152-030-OS 0.75 $250 $188 3122B Farnum Drive 10-18152-020-OS 0.75 $250 $188 Subtotals 12 $3,000 Lot E uivalent Rate/ Lot Total 3124A Famum Drive 10-18152-040-04 0.75 $250 $188 3124B Farnum Drive 10-18152-010-04 0.75 $188 3126A Farnum Drive 10-18152-030-04 0.75 $188 3126B Farnum Drive 10-18152-020-04 0.75 $188 3128A Famum Drive 10-18152-040-03 0.75 $188 3128B Farnum Drive 10-18152-010-03 0.75 $188 3130A Famum Drive 10-18152-030-03 0.75 $188 3130B Farnum Drive 10-18152-020-03 0.75 $188 3132A Famum Drive 10-18152-040-02 0.75 $188 3132B Famum Drive 10-18152-010-02 0.75 $188 3134A Famum Drive 10-18152-030-02 0.75 $lgg 3134B Famum Drive 10-18152-020-02 0.75 $188 Subtotals 9 $2,250 R-3 Subtotals 136 $33,950 R-4 Properties Fox Rid a Addition, Block 2 Front Foota a Rate/ FF Total 3367 Coachman Road 10-27500-020-02 522 $10.00 $5,220 3301 Coachman Road 10-27500-030-02 185 $10.00 $1,850 3255 Coachman Road 10-27500-040-02 730 $10.00 $7,300 Coachman Oaks Condo. No. 45 1,556 $10.00 $15,560 R-4 Subtotals 2,993 $29,860 //9 Commercial/Ind Properties Centur Addition Block 1 Front Footage Street Assessment* Driveway Assmt. ** Total 1571 Centu Pt. 10-16940-030-01 318 $4,240 $4,870 $9,110 10-16940-022-01 41 $550 $550 1581 Centu Pt. 10-16941-010-01 260 $3,470 $3,470 Centur Addition, Block 2 1570 Centu Pt. 10-16940-020-02 391 $5,210 $9,080 $14,290 1580 Centu Pt. 10-16940-010-02 303 $4,040 $4,780 $8,820 B.B.D Addition 3390 Coachman Rd 10-13150-010-O1 197 $2,630 $2,630 B.B.D 2nd Addition 3380 Coachman Rd. 10-13151-010-01 140 $1,870 $1,870 3370 Coachman Rd. 10-13151-020-01 249 $3,320 $3,320 Subtotals 1 899 $25 330 $19 110 $44,440 ** Driveway Assmt. Rate = $95.60 S.Y. *Street Assessment Rate = $13.33/ FF Front Assessment Neighborhood Park Foota a Rate/FF Total u Park 10-00900-012-51 99 $5.51 $550 ua Park 10-00900-014-51 459 $5.51 $2,530 u Park 10-00900-016-51 97 $5.51 $530 Subtotals 655 $3,610 Total Assessments $112,860 Pro er Totals -Land Use T es Non-Assessable 2,390 Front Feet R-1 4 Lot E uivalents R-3 136 Lot E uivalents (R1, 3 = 6,378 FF R-4 2,993 Front Feet Comm./Ind. 1,899 Front Feet Neighborhood Park 655 Front Feet Total 14,315 Front Feet /ao ~ Project Loca~on A~F~N ~ O~ ~~~~F ~v S ~~ ~~. ~~ PO ~O/ a City of Eagan ~~ HILLS UK. ~v ''~• r ^' W"• ~ O~~ J ~ }~ A, ~ o ~ QP ~ ° Z LONE O~ ~ ~ (CO. RD. 26) o ~ ~° ~ ~~' ~ Pilot Knob GGP~,~,~~( °o o a Elementary ~ ~ ~ o o Z W~ z o PILOT 21 ' ~ ° -' ~ " ~- ~ KNOB VIEW RD. ~ ~ ~ ED CEDAR RD. PARK Fz uM pR TOVt FP N FOU R R OAKS RD. J ~ ~y0 O 'Q a 9 O G O,o Z 2 ~~ DR. w "' <~`~ ~ Q CENTRAL ~°, ° srvo FLAK PARK 102 LETENDRE ST. m w DR. OMMUNITY ° a° CTR. ~ ~ QUARRY 0 ui ~ Q K W Q J 0 ~ ~ = U = ~ Z RIVER BLUFF p ~~ U o DDS D w T. w CENTURY Y z ~ Pr. NKEE DOODLE ROAD ~~ WATER 97 z a ~„E„~`rvoF~ C TREATMENT w ~ DR. ~~~ FACILITY 96 a z o HTS D ~P5 CITY ~ ~ HE,G ~ C ......~ -r ~ Cn . .I\E. and Company, Century Point, Donold Ct. - 894/location map t2-t5-o3 Coachman Land Co., Century Pt., Donald Ct. Location Map Fig. 1 Cit Project - 894 ~a~ N PROPOSED OVERLAY AREA ~/~/ E ASSESSMENT AREA S SCALE 1 "=350' ~, i~,~,. ,~,„.• ,~~.~ yam; .. ~- ~ ~\ ~ ,~ ~......r ~..`.t,r ~ .. s 3 ~ 7 ~ _, ~ ~~ ~ ~ ~ t .~ ___.-.. E ~ 3 1377 1 }} C y{ T .. £ 4.z ~ €i i ~ei~4 ~'... f _~i ~_~ d ~t j i [ ~. _ , 7 f.- l ~r~m~ ~3., - -~ r'-~ r , ... :~ i t. ! t i i ~ ~~ S I f......1 \ .~ ~ t `i € ~. 7 1~ ~ ._,_ 7 i i ~ ~ ~~ 33i ~ ~ i---^--^- t i Ir t i ~ ~~ - " f ~ .L..~ ?. ~ *~ , .:':. i ~K. r z r r, i~ ~ ;.. ~~ w.. - yr:_ -~~ t ~4:. - .~ _~.. ._.....e i ' iif ~'~f y~f f n.... a f i ~~t • ~itl ~" ml Y " 1 6316 1 x, y C)n , ~ x;14 ~~~~ 1 6 5 5 3 ~~ 6 6 ...._.% _ ~ y~ ~, ji. ~ ~~ .. ~ ~ - 1 1 k~ ~ 1 5 661 3168 -' ~. ~... ~~ ,:.. 6 L ~ i ~ i . -.. _.- _ , ~~~~~ ~ ~" _ ~ :j ' I ~~;.~~' ' :: . ~ - - t.. ~~ . 1 ~,,, ~ ~ r. ~, _ i - ,~, ~,,, 1591 - 6 I 3237-3247 w 17 `fx 3249 - 3259 ~ s 12 1 9 7 6 5 ~ -1 1.. ., ~~ ~T `~~ , . 4 3255 ~~ n v V 0 3 - 2 3367 ~.1 S 41, ,~`~'. 1570 Lam, LEGEND DRIVEWAY REPLACEMENT ~ .r ~~ ~ ~ i ~ ~ ~ ~ , ; g g 7 i , r y y 11 7 S ~ ff .f 1 ~ ~' ! ! 1~ r x { ~ ty 1 : 1 ~t K ~y J ~~- R J ____ ~ ~ °~ r j 1 ,,,,...~.-•rb,,..q t l a ~ i ~ l i 3 J 7 ~Yj I { t 1 i`-f -. + ~ i L .. j f3 j e _J ~ ",.J ~ ~ 1 ' # v ~ t 1 ~'~ ' 1 ~ \ ~. _ - QUARRY 1451 PARK 012.51 3370 3360 ', - `~. ~?, '~ ~~ ~ 3390 ¢~ ~. ~ 1 t 4 -- I G:Feasibility Reports2003\Coachman Land Company, Centu Point, Donald Ct. - 894\st_imp & area assess map t2-t5-03 Coachman Land Co. -Century Pt. -Donald Ct. Street Improvements /Area Asses ment Map Fig. 2 City of Eagan City Project 894~~ ,_. v.- , ,. ,,',a ~+ ,~: , SE ~~~~~( PRA _ t 33 , ~ l1 +3 3+ ~+ J r I +A + t O 3+ DR + PO ~ _ PRO SM~N~ PREP ~ ~ ~ /' + '1 ~ .,,'y = - ~ °3, ' ti, GP~'~ rl J5~ j / ~ ~ f 3t1R 311 / +31 1\ , ~ S3~ /' ~°~~ 11 5 ~ ~_ ~ -~4 ,,~- 1 C,_ 1 ~. + +0 31 ',, -" rGjY' y,1.o1 1 ~ r YF - - - .-~,?S _ \ . ~~ ~ 5595 t _ ta} tt}} ~ S r } i [ + ~ -_ __.__ -. ~ 1 t ~_..7 ~ FOUR "'-OAK ~ W *''~ 1 E u1 ~ , ~ e i ~ ~_ E .~~ 4 S r1 i C~' s5o ,a - ~~C7 , ~ ~~ X1.31 ~ `1e k, 1 +5BD • 15~ 1 G~.~ :. 14{'~~ p ~1 ., Ryyt ~ J . l " ,~ 218' ~trj { ~ V "- r 1 ,453° 1 f~ ~ 1 .-'S ~C.\ 15 3213"3~ „f 3273 -37?3 ~, J .._ ~ .0~ ~` ~ t ),~.f~~y ~~~...~ ~5-373+' M j~ 15 L 1~ P it ..,,~` 1 ~ _ _S ~` t~ ~` v. ._„ 1 y ~~~ 1. ~/ r~~`.~ l ~ .15~ ~ 1,5^°' r~ ~\ ~C~ 0~ ~ 32e53 _- ~ 1. ~_t 2 -'°-~"~" ~,~--'f" ,,+'' , Oora Map r" f °~e° i ~,,...- / 't1 .r'~'~-- npld Gt. '8q4. r+ e'~~v ~SCJ. e. ° V a 4o,°t. ~ Go. p.Ce c~ ... ~, ~ ~ ~~~,° Laid e~~s ~ c'~8g °~ , ~,;~ ~ - ,--' °~ ~°~d ~°~'Gr,~a~ Co~er~ PCO~e .'~',.~f--' SZOO~~~°° "m Goar e~~trp Gar! ~! G fcp3blFtY ReP°~ S~`e ~aga~ GtfY of 32' EDGE MILL (6'-8' wide ~~_ 3" BITUMINOUS SURFACE ~ EX. D412 CURB 6" CL 5 AGGREGATE BASE ~ GUT~R Existing Typical Section Donald Court -Century Point -Famum Drive 1 VZ' TYPE 41 BITUMINOUS OVERLAY ~ REPLACE EX. CURB & ' GUTTER AS DIRECTED BITUMINOUS TACK COAT 3" BITUMINOUS SURFACE 6" CL 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section -Donald Court, Century Point, Famum Drive BO' ROW 44' F-F ~~_ 3.5"EX. BITUMINOUS SURFACE L EX. 8618 CURB 13"Cl. S AGGREGATE BASE ~ fX1TTER Existing Typical Section Four Oaks Road & Coachman Road Bo' Row EDGE MILL (6'-B' wide Typ. 1~/=' TYPE 41 BITUMINOUS BITUMINOUS TACK COAT ~ REPLACE EX. CURB de L- 3.5"EX. BITUMINOUS SURFACE ~T~R AS DIRECTED 13"CL 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section -Four Oaks Road ~ Coachman Road G: FeosibilityReports2004\Coachman Land Company, Century Point, Donald Ct. - 894\typical sections io-z5-o3 Coachman Land Co. -Century Pt. -Donald Ct. Fig. 3 City of Eagan Typical Se ^s , , roject 894 CITY PROJECT NO 894 INFORMATIONAL MEETING COACHMAN/ CENTURY POINT/ DONALD AVENUE STREET IMPROVEMENTS THURSDAY, JANUARY 15, 2004 6:30 P.M. EAGAN ROOM Attendance: John Gorder, Assistant City Engineer, 1 person representing 1 property (1580 Century Point - Klecatsky Funeral Home, see attached sign-in sheet). Gorder welcomed the property owner. The property owner was comfortable with the street overlay project as proposed and outlined in the correspondence mailed with the public hearing notice. The property owner wished to discuss past flooding issues on his property and on Century Point and the potential for alleviating future flooding as part of the proposed project. Gorder mentioned that preliminary analysis of the situation was performed by City engineering staff in the early 1990's. Gorder outlined some possible options to lessen the flooding on Century Point and its impact to the funeral home, including some minor re-grading of the Century Point/ Coachman Road intersection to maintain drainage on Coachman Road, berming and parking lot re-grading protection on the funeral home property, and the future analysis of the storm sewer system that drains Century Point to the south under Yankee Doodle Road. The property owner has done some parking lot improvements to protect the building structure. Gorder told the property owner that he would further analyze and discuss the possibility of re-grading the Century/ Coachman intersection at part of this street improvement project with City staff. The property owner will stay in contact with City staff about the need for this construction as the project progresses. The meeting adjourned at 6:55 p.m. G:\GROUP\ENGINEER\Russ Matthys\'04\Misc\Minutes -Coachman 894.doc /,~s NEIGHBORHOOD MEETING COACHMAN LAND CO, CENTURY PTE & DONALD DT PROJECT 894 THURSDAY, JANUARY 15, 2004 - 6:30 P.M. NAME ADDRESS ~~ 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G: FORMS/SIGN-IN.Sheet /al Agenda Memo January 20, 2004 VI. 2004 CALENDAR YEAR CITY ORGANIZATIONAL BUSINESS Each calendar year, Organizational Business is considered at the second regular City Council meeting in January. The items that require action of the City Council include: A. Acting Mayor B. Official Legal Newspaper C. City Council Meeting Dates D. City Council Meeting Procedures E. Standing Committee Appointments /Representative Appointments F. Other Appointments G. Advisory Commission Appointment Guideline Policy H. Extension of Advisory Commission Appointments to Apri12004 ACTING MAYOR A. Acting Mayor -There is a statutory requirement that a member of the city council be appointed as acting mayor. All Councihnembers are eligible for this appointment. The acting mayor presides in the absence of Mayor Geagan at Council meetings and all other activities pertaining to the City of Eagan. Historically, the Mayor has made this appointment. Councihnember Peggy Carlson was Acting Mayor in 2003. REQUESTED ACTION: The Mayor to appoint a member of the City Council as acting mayor. OFFICIAL LEGAL NEWSPAPER B. Official Legal Newspaper -There is a statutory requirement to designate a legal newspaper as the official newspaper for the City. The City can only designate a legal newspaper of general circulation in the City as its official newspaper for publication of items required bylaw, and other matters that the Council deems advisable and in the public interest to be published. The City has received proposals from This Week 1 Dakota County Tribune, Inc. and Sun Newspapers. The Dakota County Tribune is slightly more expensive; however, they publish the agendas as new items and there is no charge for publishing them. The Sun- Current would post the items online for no additional charge, but does charge for the publication of agendas, making total costs higher than just for publications of legal notices. An actual cost comparison is difficult because of different type sizes, characters per line and lines per inch. The cost difference is not a significant factor in total. /~ 7 Even though Dakota County Tribune is the designated official legal newspaper, legal notices would also appear in Eagan This Week. Deadlines for publication and publication dates match up much better with City activity with the Dakota County Tribune/Eagan This Week. Any agenda published in the Sun Current would need to be submitted to the paper more than one week in advance of the meeting and would be incomplete and may change between publication and the meeting. Legal Notices Deadline Publication Agendas Deadline Publication Tribune This Week Sun Current Tues Noon Tues Noon Thurs 2 pm Thursday Saturday Wednesday Tues Noon Wed 4 pm Wed 5 pm Thursday Saturday Wednesday Proposals are attached on pages ~ through ~. REQUESTED ACTION: Approve retention of Dakota County Tribune as the City of Eagan's official legal newspaper. /~ QEC2z200~ NEWSPAPERS .x.-a ` ,~s: ~. 12190 County Road 11 Burnsville, MN 55337 952-894-1111 • FAX:952-846-2010 DECEMBER 17, 2003 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 To the Mayor and City Council members: Please accept the attached bid for legal newspaper status for the city of Eagan. We have a dedicated staff as well as the largest circulation to handle your legals in an efficient manner. We would like to offer you three options for placing your legals. The first option is to place your legals in The Dakota County Tribune. The Dakota County Tribune has been serving the residents of Dakota County for over 100 years. The second option is having the legals placed in the Eagan Thisweek Newspaper, a qualified Legal newspaper, which offers the city the best vehicle for communicating with the residents of Eagan. By designating Eagan Thisweek as your legal newspaper, your legal notices will reach 12,986 homes in the city. Our most recent newspaper audit shows that over 84% of Eagan residents read Thisweek Newspapers regularly. We are also offering a lift rate from Eagan Thisweek into the Dakota County Tribune. We are confident by offering you choices of the Dakota County Tribune, Thisweek Newspapers, or both will better serve the residents of Eagan. We can accept your legal notices by e-mail (carol.haverlandC~ecm-inc.com) or at our Burnsville office by fax at 952-846-2010. We believe that our bid reflects our desire to serve Eagan as your legal newspaper. If you have any questions, please feel free to call. Thank you for your consideration. Sincerely, G~~2%(/ Eric Olson General Manager ~~~ .. arol Haverland Legal Department Enc: /~9 NEWSPAPERS Quotation Form Newspaper Dakota County Tribune City Eagan Number of lines per column inch 1 0 Printed characters and spaces per fine Average 45 Total characters and spaces per column inch Average 450 Per line cost 82.5Q Per column inch cost $8.25 Circulation 1 162 Legal notice deadline Tuesdays C noon Newspaper Eagan Thisweek Number of lines per column inch 1 0 Printed characters and spaces per line Average 45 Total characters and spaces per column inch Average 450 Per line cost 82.5¢ Per column inch cost $8.25 Circulation 1 2,986 Legal notice deadline Wednesdays C~ 4 p.m. Newspaper Eagan Thisweek & Dakota County Tribune Number of lines per column inch 1 0 Printed characters and spaces per line Average 45 Total characters and spaces per column inch Average 450 Per line cost $1 .1 0 Per column inch cost $1 1 .00 Circulation 13, 955 Legal notice deadline DCT-Tuesdays C~ noon/Eagan Thisweek-Wednesdays C~ 4 p.m. , Date 12/17/03 By /30 lle~-5paper~ DEC 2 2 2003 December 16, 2003 City of Eagan City Council 3930 Pilot Knob Road Eagan, MN 55122 Dear City Council Members: The Eagan Sun Current would like to be considered for designation as the legal newspaper for the City of Eagan for the year 2004. A!I published legal notices are posted on our website (www.mnsun.com) at no additional charge. This is an enhancement to the local news coverage already available on the Internet and wil! broaden the readership of your legal notices. One of the main benefits of publishing your legal notices with the Sun Current is our home delivery. Sun Newspapers has become the primary source of community news in the suburbs. Yaur notices in our paper have the best chance of being seen and read. Despite rising costs of operating our newspapers, there will be no rate increase during the calendar year 2004.Our legal prices will remain the same. The rate structure for legals effective January 1, 2004 will be: 1 column width: $6.09 per inch for first insertion $3.04 per inch for subsequent insertions Our columns are 14 picas wide There are 11 lines per inch Two notarized affidavits on each of your publications will be provided with no additional charge. The deadline for regular length notices is 2:00 pm the Thursday prior to publication. E-mailing the legal notices is an efficient and accurate way of getting the notices to us. The a-mail address for the legal department is legals @ mnsunpub.com. We still accept notices on disk, faxed or through the mail. If you require more information to make your decision, please contact me or Me~ridel Hedblom, our Legal Representative, at 952-392-6829. Thank you for considering the Sun Current as the official newspaper for the City of Eagan in 2004. We appreciate the opportunity to serve the needs of your community. Sincerely, ~~ .. _. ~.. Jeffrey Coolman Vice President of Saies and General Manager 10917 VALLEY VIEW ROAD ®EDEN PRAIRIE ®MINNFSOTA 553 ®95~-8~9-0797 ®FAx: 95~-9~1-3588 ~~/ CITY COUNCIL MEETING DATES C. City Council Meetings -The City Council must designate the dates and times of regular City Council meetings, which have traditionally been the first d third Tuesday of each month at 6:30 p.m. A tentative schedule is attached on page x.33 designating the fast and third Tuesdays as regular City Council meeting dates, with the exception of March 2 (caucuses), for that date, March 1St is suggested; November 2°d (Election Day), for that date, November 1St is suggested; December 7 (Hanukkah), December 6 is suggested (that date could also be subject to change due to Truth in Taxation). Also included on page ~is a list of workshops to be scheduled at 5:30 p.m. the second and fourth Tuesdays of each month on an as needed basis. If the Council prefers an alternate date to the ones proposed on the schedule, this should be discussed at the meeting. A Listening Session will be held at 6:00 p.m. before each City Council meeting. REQUESTED ACTION: Approve or modify the 2004 Schedule of City Council Meetings as presented noting the alternate dates, if any. CITY COUNCIL MEETING PROCEDURES D. Council Meeting Procedures -The City Council has adopted Robert's Rules of Order toA~overn all business conducted at Regular City Council meetings. Enclosed on page ~ is a copy of an outline of a Regular City Council agenda that was adopted during Organizational Business in 2003 for use by the Mayor and City Councilmembers as to how Robert's Rules will apply to the overall agenda. (Note, per the recommendation of the City Attorney "Recognitions and Presentations "has been deleted and will only be used as needed, and the Executive Session is now referred to as the "Closed Session " and is listed prior to Adjournment). Also enclosed on pages through i ~l is a copy of a handout entitled Eagan City Council -Procedure and Motion Practice on Business Items that was adopted by the Council during Organizational Business 2003. This handout provides a summary of Robert's Rules of Order in greater detail on how business will be conducted for each City Council agenda item. Also included on pages through ~ is a guideline of meeting procedures for use by the public when attending Regular City Council meetings. The audiences can vary from a school age child to a resident who maybe attending their first meeting to an applicant who is very sophisticated in making presentations to City Councils nationwide. Therefore, the guideline was written for a diverse audience while retaining the main purpose to provide information and awareness on how a citizen can interact with the City Council during a Regular City Council meeting. REQUESTED ACTION: To acknowledge Robert's Rules of Order as the means to conduct official business at all Regular City Council meetings, approve the charges to the agenda format per the recommendation of the City Attorney and further approve the attached guidelines/handout for public participation in City Council meetings. /~.~ 2004 SCHEDULE OF REGULAR COUNCIL MEETINGS JANUARY 6 MAY 4 SEPTEMBER 7 JANUARY 20 MAY 18 SEPTEMBER 21 FEBRUARY 3 JUNE 1 OCTOBER 5 FEBRUARY 17 JUNE 15 OCTOBER 19 MARCH 1 * JULY 6 NOVEMBER 1 ** MARCH 16 JULY 20 NOVEMBER 16 APRIL 6 AUGUST 3 DECEMBER 6 *** APRIL 20 AUGUST 17 DECEMBER 21 * March 1 rather than March 2 due to caucuses **November 1 rather than November 2 due to Election Day *** December 6 rather than December 7 due to Hanukkah (also subject to change due to Truth in Taxation) There will be a Listening Session at 6:00 p.m. before each regular Council meeting. /3.3 2004 SCHEDULE OF SPECIAL CITY COUNCIL MEETINGS AND WORKSHOPS JANUARY 29 (tentative) MAY 11 FEBRUARY 10 MAY 25 (tentative) FEBRUARY 24 (tentative) JUNE 8 MARCH 9 JUNE 22 (tentative) MARCH 23 (tentative) APRIL 13 APRIL 27 (tentative) JULY 13 JULY 27 (tentative) AUGUST 10 AUGUST 24 (tentative) SEPTEMBER 14 SEPTEMBER 28 (tentative) OCTOBER 12 OCTOBER 26 (tentative) NOVEMBER 9 NOVEMBER 23 (tentative) DECEMBER 14 /3~ AGENDA FORMAT 1. Call to Order 1.1. Mayor customarily tolls City bell and returns to place at Council table 2. Pledge of Allegiance 2.1. Mayor states, "Please rise and join me in the Pledge of Allegiance" 2.2. Mayor leads in the Pledge 3. Roll Call 3.1. If appropriate, Mayor states "The Secretary will please note that (Mayor/Councilmember) has provided notice by (written correspondence/telephone message) that (he/she) is unable to attend this meeting. 4. Adopt agenda* 4.1. Mayor states, "The Council will now consider adoption of the agenda." 4.1.1. If no Member or the City Administrator requests recognition for any change, Mayor prompts, "Is there a motion to adopt the agenda?" 4.2. Member requests recognition, "Mayor Geagan, (may I be recognized) for (the purpose of making) a motion?" 4.3 Mayor recognizes Member, "Member (has the floor)." 4.4 Member makes a motion, "Mayor Geagan, I make the following motion." 4.4.2.1. "To delete item (item identification letter) under (agenda category)." or 4.4.2.2. "To add item (item identification letter) under (agenda category), which should read, (text of proposed new item)". or 4.4.2.3. "To substitute for item (item identification letter) under (agenda category) the following item, which should read, "(Text of proposed item)." or 4.4.2.4. "To separate item (item identification letter) under (Consent Agenda), and move to (agenda category)." 8. Consent Agenda* 8.1. Items can be pulled for separate action 9. Public Hearings (6:45 PM)* 10. Old Business* 11. New Business* 12. Legislative/Intergovernmental Affairs Update* 14. Administrative Agenda** 15. Visitors to Be Heard 16. Closed Session 16. Adjournment* *Regular motion practice is observed. /3S Eagan City Council-Procedure and Motion Practice on Business Items I. Mayor introduces item A. Brief introduction of item. II. Staff Report A. Mayor gives staff the floor, "The Council will now hear from [Title and name] for the staff report. B. Staff concludes, "Mayor Geaganthat concludes the staff report." C. Mayor, "The Council must now make a motion to frame the item for consideration. What is the pleasure of the Council?" III. Motion _ A. Member requests recognition from the Mayor. 1. "Mayor, (I request recognition) for (the purpose of making) a motion." B. Mayor recognizes Councilmember. 1. "Member [member's last name], (for a motion)." C. Member makes motion. 1. "Mayor ' , I make the following motion." 2. "[text of motion]." (usually ended by, "as printed in the Council packet.") 3. If the motion is not included in the packet, a written sample motion should be prepared for distribution to Members, the Secretary and staff. 4. Similarly, if a business item is one that a Member has added to the agenda, the Member should provide a sample motion for the packet. D. For very controversial items, a Member may move simply to open up the item for public input. 1. In this case, the Mayor asks the Council, "If there is no objection?" 2. If a Member objects, the motion requires a second and is subject to debate. 3. If no Member objects, the Mayor may pronounce, "the motion carries, and the item will now be opened to the public for input." 4. Procedure picks up at VI.B. IV. Second A. Seconding Member need not request recognition or obtain the floor. B. "I second the motion," or just "second." Proccdure goes on to VI. C. If no second is forthcoming, the Mayor asks, "Is there a second to the motion?" 1. If not, the Mayor says, "Since there is no second, the motion is not before the Council." 2. And then moves to next item or asks, "Is there any further business?" 3. Procedure begins again at III. D. If the motion is out of order, the Mayor makes the appropriate ruling, and procedure begins again at III. V. Revisions may be immediately suggested (in accordance with City policy attached) -see procedure at VIII VI. Mayor opens item to public forum A. "The motion has been made and seconded, and the item is now framed for consideration by the Council. Before the item is placed before the Council, it will be opened up to the public for input. B. "Does the applicant wish to be heard on this matter?" C. "If there are any present who wish to speak to this item, please come forward to the podium. Please state your name and address, and spcll your name for the record." D. Mayor manages public input. Questions or responses from Council Members are not appropriate until the item has been brought back before the Council. E. Mayor continues to prompt for input, "Does anyone else wish to be heard on this matter?" VII. Mayor closes public forum A. If no one else wishes to be heard, Mayor states, "Seeing no one else, the public forum is now closed, and the item will be brought back to the Council. VIII. Before the Mayor States the Question, any Member may suggest a revision A. Members may offer revisions from right after motion is made until the public forum is opened and from after the forum is closed until the Mayor states the question on the motion. 1. Member asks, "Mayor Geaganfor a revision?" 2. Mayor recognizes speaker, "Member [last name], (for a revision)." 3. Member asks, "Mayor Geaganwould the Member accept the following modification to the motion?" ~ ~l, a) Speaker states an addition, a deletion, a substitution, or combination thereof. 4. Mayor recognizes maker of motion. 5. Maker of the original motion may: a) Decline "Mayor ., I decline the modification." b) Accept "Mayor , I accept the modification." (1) If accepted, the person who suggested the modification counts as a seconder. (2) If the modifier is the one who made the original motion, the original seconder must second it. 6. The Mayor states, "The Member has [accepted/declined] the modification." IX. Mayor States the Question on the motion A. Mayor states, "The motion has been made and seconded and the motion is now before the Council. B. Once the Mayor has stated the question, further revisions are out of order. C. Mayor asks, "Is there any discussion?" X. Discussion 1. Members may speak 2 times each, with a 2-minute limit each time. 2. Members must request recognition from the Mayor before speaking, and al] comments and discussion are directed through the Mayor. Even if a question is directed to staff or another Member, the question is asked through the Mayor. (Ex., "Mayor , is the Member suggesting that...?" or "Mayor ,would City Administrator Hedges please clarify what is meant by ...?") 3. Maker of motion may not speak against the motion, but the seconder may. 4. Maker of motion speaks first; seconder speaks second; other discussion is in the order recognized by the Mayor. XI. Putting the Question A. Once debate appears to have stopped, the Mayor asks, "Is the Council ready to vote on the question?" or "Is there any further discussion?" B. If not, the Mayor says, "Seeing none, the question is now before the Council." 1. This ends debate. At this point, one cannot "explain his or her vote," since that is the same as debate. C. "All those in favor (of the motion) say aye." D. "All those opposed (to the motion) say no." XII. Mayor announces the voting result A. "The vote is is favor and opposed, and the motion is [adopted/lostJ." B. "(and staff is directed to take the appropriate action.)" C. After the vote is announced, there can be no fisher discussion on the item! D. A Member can change a vote up until the Mayor announces the result. After the Mayor announces the vote, a Member can change a vote only with the permission of the Council, either by unanimous consent or adoption of a motion to grant the permission, which is not debatable. E. If the motion is lost, and the business has not been dispensed with, a new motion is in order. Procedure begins anew at III. /37 dty oP aagm EAGAN CITY COUNCIL MEETING PROCEDURES AND PUBLIC PARTICIPATION GUIDEUN ~:S Mayor: Welcome to a -neeting ojtbe Eagan City Coanril. In order to Par ceogon ensure that this and firtwe Council meetings can be neaningfiil to you c ounc i i and other citizens, the City Council uses a set of rt1; eS to govern the members: conduct of its meetings. These "Rules of'Procedur~"are for the Peggy CO~~' Cyrxsee Fields convenience ofthose attendin the meet The Ci Counal follows B mg• Y Mike Maguire "Robert's Rules ofOrder" for conducting official b isiness. The Meg Tilley following is a brief summary of the order ofbusine.:s for a City Council meeting which may be ofinterest to you: Members ~ City Staff COUNCIL MEETING PROCEDURES Gerreraily Attending ORDEROFBUSINESS city CouncU Meetings: The schedule for a Council meeting is shown on th ;AGENDA. An Tom Hedges, agenda is simply a list ofbusiness to be considered at a meeting and Ctty AdmintaFr°t« II1ClUde.S: • Roll Call & Pledge of Allegiance _ Mike Dougherty. . Ado t ends! roveMinutes Consulring lregai P A8 APP Counsel • Consent Agenda • Public Hearings tom Cabers, .Old Business Director of Public w«ks • New Business • AdditionalItems , Mike Ridley . ~slative/intergovemmentalAffairSUpdate _ seni« Planner ~ Department Head Business . • Administrative Agenda • Visitors to be Heard (10 Minute Total Time Li .ut) • Executive Session To find out about specific agenda items, refer to tl; :City web site at www.cityofeaaan. com_ the Dakota County Tribt .~e/This Week, or call the Municipal Center at (651) 675-5000. Age tdas are available at the entrance to the Council Chambers at the tim ~ of meetings. /38' THE ROLE OF T iE PUBLIC The City Council a-elcomes the public to all Council meeting: workshops, and hearings and you are enco : raged to express your opinion during tt s ~e meetings. To keep the agenda moving sr.,oothly, the Council has adopted basic gu:c'elines for malting presentations bef~- re the Council. The purpose oftr . guidelines is: To provide for an orderly meeting. To provide x : al and adequate time forrevie~ and consideration of agenda iten . ~. To provide eq_ al rights to all members oftt~e public who address the presiding cf icer. To provide the ~ity Council with an equal and ratic~ ~al approach to all decisions. /39 MEETING CONDUCT GUIDELINES The City Council has established the following guidelines for the conduct of City Council n~e+etirrgs: 1. Persons attending a Council meeting may address the Council at the time at which specific items appear on the agenda. 2. When addressing the Council, the presenter shall approach the podium and begin pre senting by stating his/her name and address. 3. All persons who speak must address the Mayor. 4. At public hearings, a119uestions and remarks from an audience member are limited to four (41 minutes and shall be addressed to the Mayor. Each person is limited to one turn. The Mayor may use discretion whether to allow repeat state- mentsfrom the same person. 5. Presentations concerning items will be heard Orly upon approval'of the Mayor. 6. To help maintain order, applause or other disturbances are discouraged. 7. Petitions should be presented to the City Admirnstrator. 8. Audience members are encouraged to address the Council but can't make motions or otherwise participate in the meeting. NON-AGENDA ITEMS Individuals wishing to appear at regular meetings of the City Council relative to items not included on an agenda may speak or make presentations under the sections of the agenda entitled, VISITORS TO BE HEARD.• The Visitors to be Heard seetian is scheduled at the end ofthe meeting and the total time limit for all speakers is 10 minutes. No Council action on a visitor's presentation should be expected at this meeting, since the Council will want to study all proposals or requests before malting a deasion. «LISTEI~TING SESSIONS are held prior to each regular City Council meeting (gener- ally beginning at 6: DO p.ra. in the Commu- nity Room of City Hall), also for the purpose of adcfressing items not included on the City Council agenda. Individuals wishing to ad~ess the City Council may speak or make presentations in this less formal meeting format. THE CONSENT AGENDA ~'he Eagan City Council uses a CONSENT AGENDA procedure for routine items needing little or no deliberation. Those items are identified on the agenda and aze approved with one vote unless a councilmember or citizen requests that the item be discussed or considered separately. /yo PUBLIC HEARINGS Certain items on the agenda are identified as PUBLIC HEARINGS. These are forn~al proceedings giving citiztns an opportunity to express their concerns on a specific issue. Some issues on which the Council is required to hold public hearings are the annual budget, public improvement projects, and levying of special assessments. The Council endeavors to complete action on each issue the same tight as the hearing. However, there may be circumstances where additional infocmatiion oractionisneoded making it desirable to defer action until a later date. Depending on the situation, the hearing may be closed or continued to a future meeting date. GENERAL HEARING PROCEDURES 1. Mayor opens the hearing. 2. Staff describes the proposal. 3. Those wisl}irig to comment arc heard. 4. Formal action is taken to close the hearing. S. Councilmembers have an opportunty to comment and ask questions on the issue. 6. Council takes action on the issue or defers decision. -, HOW 11-IE COUNCIL VOTES Three members ofthe Council constitute a quorum. A majority vote is needed to adopt motions and general resolutions., A vote of 3/5 is required for most ordinances. Hearings on preliminary reports for improvernerrts, comps hensive plan revisions, and zoning ordinance changes require a 4/S vote. Publication ofan ordinance in the official newspaper ofthe City is required before it actually takes effect. MEETING DATES With few exceptions, the City Council meet 6:30 p.m. on the first and third Tuesdays of each mornh in the Council Chambers of the COUNCIL MEETING CABLECASIING wth few exceptions, the regular City Council meetings are televised "live" over the City's Cabie Television Access Channel Sixteen (l6). These meetings are also recorded for replay, which generally occurs each Sunday and Wednesday at 1:00 p.m. and each Saturday at 7:30 a.m. and 7:00 p.m. Please call the BurnsvilldEagan Community Television staff for schedule information and replay times or watch cable channe116 for sat further meeting and replay infom~ation. Municipal CenterBuilding at 3830 Pilot Knob Road. The Council also meets in special session as needed with notice of these meet- ingsposted atthe Municipal Center Building and on the web site, www, cityofeagan. cQm. Occasionally meeting dates are changed to avoid conflicts with holidays or other events so you may wish to consuh staff at the Municipal Center for information on specific meeting dates. Taped copies of each City Council and Advisory Planning Commission meeting are sent to the Wescott Library for public use. If you would like to purchase a copy of a televised City meeting, please contact the BurnsviUd Eagan Community Television staff at (651) 882-8213. updared t ~ar2oos /Y/ COUNCIL STANDING COMMITTEE AND REPRESENTATIVE APPOINTMENTS E. Council Committee Appointments -Standing committees of the City Council have been used to examine a specific subject matter at the request of the City Council. The 2003 standing committees that are again proposed for 2004 are as follows: Finance Committee: Councilmember Carlson and Mayor Geagan Public Works Committee: Councilmember Fields and Councilmember Maguire Personnel Committee: Mayor Geagan and Councilmember Carlson Historically, the Mayor has made the appointments to the standing committees. Minnesota Valley Transit Authority Board: Councilmember Tilley School District #191: Councilmember Fields and Councilmember Tilley School District #196: Councilmember Fields and Councilmember Tilley School District #197: Councilmember Fields and Councilmember Tilley Municipal Legislative Commission: Mayor Geagan Historically, appointments to representative positions have been made by Council consensus. REQUESTED ACTION: The Mayor to appoint members of Council standing committees; and for the Council to volunteer as representatives to the above referenced groups. F. OTHER APPOINTMENTS 1. Community Center/Central Park Operations Committee: 2. Communications Committee: REQUESTED ACTION: To appoint members to the Operations and Communications Committees, if appropriate. /5'~ 2. Advisory Commissions Liaison Assignments: (as assigned in 2003) EDC -Mayor Geagan APrC - Councilmember Carlson ARC - Councihnember Fields APC - Councihnember Maguire BETC - Councilmember Tilley REQUESTED ACTION: Mayor Geagan to appoint above representatives as Advisory Commission Liaisons. 3. Holz Farm -Special appointment to the long range planning core committee. REQUESTED ACTION: Appoint representative to the Holz Farm Long Range Planning Core Committee. 4. MSP Joint Airport Zoning Board. City Planner Dudziak and ARC Commissioner Michael Schlax currently represent the City. REQUESTED ACTION: Council to appoint City Planner Dudziak and ARC Commissioner Michael Schlax to represent the City on the MSP Joint Airport Zoning Board. 5. MSP Noise Operations Committee (NOC). This Committee was established in 2002 and is the successor organization of MASAC. City Councihnember Fields currently serves as the City Representative on the NOC with Assistant to the City Administrator Lord and Community Director Hohenstein serving as alternates. REQUESTED ACTION: Council to appoint a member of the City Council to serve as the City's representative on the NOC an reaffirm Assistant to the City Administrator Lord and Community Development Director Hohenstein as alternates. 6. ECVB Board of Directors. Section 7.2 of the joint agreement between the City of Eagan and the Eagan Convention and Visitors Bureau requires "three (3) representatives appointed by the City." Typically two of those three representatives have been members of the City Council, but that is not a requirement of the agreement. Most meetings are once a month at 3:30 or 4 p.m. In 200 the three voting members of the ECVB board were: Councilmembers Carlson and Fields and City Administrator Hedges. Currently, Communications Director Garrison (through whom the Bureau must prepare its work plan and budget) serves in an ex-officio capacity, but that is not a requirement of the joint agreement. The 3 ECVB Board Directors chosen are completely the discretion of the City Council. REQUESTED ACTION: Appoint three City representatives to the Eagan Convention and Visitors Bureau Board of Directors. ~Y3 January 20, 2004 City Council Meeting Organizational Business G. Policy: Guidelines for Advisory Commission Appointments and Procedures Enclosed on pages~~,through~is the draft Guidelines for Advisory Commission Appointments and Procedures Policy. The City Council discussed and reviewed policy considerations regarding advisory commission appointments and guidelines at the October 14, 2003 workshop and the November 12, 2003 workshop. Per the direction of the Council at the November 12 workshop, the policy has been revised to include the Council's recommendations. Also per the Council's direction, enclosed on pages _ through _ is a memo from the City Attorney responding to the questions raised by the City Council in regards to the use of background checks for those seeking appointment to an advisory commission. Under State law, police departments are authorized to conduct background checks at no charge provided that the City Council approves of the department conducting the background checks through a resolution of support. Therefore, should it be the Council's desire to conduct background checks on applicants to City advisory commissions, a resolution authorizing the Eagan Police Department to do the background checks would be included on a future City Council agenda. Action to be Considered: To consider the proposed Guidelines for Advisory Commission Appointments and Procedures Policy and determine whether background checks should be conducted on applicants to the advisory commissions. /y5' DRAFT GUIDELINES FOR ADVISORY COMMISSION APPOINTMENTS AND PROCEDURES POLICY I. PURPOSE A. Assure balanced and fair access to the appointment process for all City advisory commission positions appointed by the City Council. B. Set up a uniform recruitment and selection policy for all eligible applicants to the City advisory commissions. C. Establish and outline the role of advisory commissions and commissioners within the City of Eagan in a clear format. D. Provide applicants to City advisory commissions with necessary information pertinent to their position as an advisory commission member. II. POLICY It is the purpose of this policy to provide fair and consistent guidelines to be followed in regards to the application, appointment, orientation and role of advisory commissioners. III. PROCEDURE A. Application Process 1. Advertisements will be included on the City's website and will be included in the City's official newspaper year round, with an emphasis in the advertisements the quarter before appointments are made (January- March). 2. The advisory commission application will also be included on the City of Eagan website. 3. All applicants will be required to submit a signed "Data Practices Advisory for Protected Information Form" ,which provides the applicant's consent for the City to conduct a complete criminal history and felony background check, which the City uses to establish an applicant's eligibility to be appointed to an advisory commission. Any applicant that has previously been convicted of a felony will not be eligible for appointment to a City Commission. The Eagan Police and Human Resource Director will view the background checks that are conducted. The City Council will be made aware of any felony convictions that appear in an applicant's background check. 4. A closing date of March 15 of each year will be included in any advertisements, as well as on the City's website. Any applications received after March 15 will be included in the following years applications. 5. Interviews will be conducted in March and April of each year. A minimum of two interview nights will be scheduled. The two nights will take place with a minimum of seven days in between the two interview / 5~~ Guidelines for Advisory Commission Appointments/Procedures DRAFT Page 2 nights. All interviews will take place between 5:30 pm and 9:00 pm. Depending on the number of applicants to be interviewed, additional interview nights shall be scheduled to ensure the specified interview times are followed. 6. Each applicant will be asked to report to the City of Eagan offices to take part in a fifteen minute interview with the City Council. 7. The interview will consist of open ended questions based on the commission each applicant wishes to serve on, along with standard questions to be asked of all applicants. In the event that an applicant does not identify a preference on which advisory commission to serve, a mix of commission specific questions shall be asked of that applicant. B. Appointment Process 1. Commission appointments will be made at the second regular City Council meeting in April of each year. 2. In the event of a stalemate after three rounds of voting on a specific Commission appointment, the Mayor shall have the authority to make the appointment of the specific term that resulted in the stalemate. 3. Newly appointed commissioners will take part in the orientation process during the month of April, and will officially begin their term in May. C. Vacancy Process 1. In the event of a vacancy, the designated advisory commission alternate shall be asked to fill a vacancy, and if the alternate accepts the position, he/she shall be appointed at a regularly scheduled City Council meeting. The alternate will then fill the position until the following April, at which time the term will be reappointed. 2. If a vacancy in the alternate position occurs prior to January 1St, the alternate position shall be filled for the remainder of the alternate's term using the following format: i. Staff shall review the list of applicants that applied (to the commission in which there is a current vacancy) and were interviewed during the previous commission appointment process for appointment, but were not appointed at that time. ii. Staff shall contact the remaining applicants to inquire as to whether they would be interested in serving as the alternate on the commission in which there is a vacancy. iii. Provided there are at least two applicants that had previously sought appointment to the commission in which there is a vacancy, the remaining applicants' names, who affirmed with staff their interest in serving, will be provided in the form of a ballot to the City Council at a regularly scheduled Council meeting, at which time the Council will vote on which applicant to appoint to the alternate position. iv. If there are less than two applicants that had previously sought appointment to the commission in which there is a vacancy, the /Y6 Guidelines for Advisory Commission AppointrnentslProcedures DRAFT Page 3 alternate position shall be advertised. The City Council shall then conduct interviews of the applicants and vote on the appointment at a regularly scheduled City Council meeting. 3. If a vacancy in the alternate position occurs on or after January 1St, the alternate position will remain vacant until the following commission appointment process (i.e. the vacated seat will remain vacant until it is reappointed in April). 4. If a regular commission member vacancy occurs after January 1St, and the alternate has already filled another vacancy (i.e. there is no alternate), the remaining vacancy will not be filled until the following commission appointment process (i.e. the vacated seat will remain vacant until it is reappointed in April). C. Orientation 1. Each appointed advisory commissioner will receive an orientation packet, which contains all pertinent information to the specific advisory commission on which the commissioner will be serving. The packet will also explain the role of the advisory commissions in the City of Eagan. 2. Orientation meetings will be conducted, consisting of all advisory commission members, the staff liaisons to each advisory commission, and the City Administrator and or his/her designee. 3. Prior to each first meeting of the individual advisory commissions aone- hour workshop will beheld, which shall provide an opportunity for new and experienced advisory commissioners to interact as well as an opportunity for new advisory commissioners to get to know their commission's staff liaison. 4. Guidelines will be discussed during the orientation process regarding the advisory commissions' relationship to the City Council, emphasizing the advisory commissions' advisory nature to the City Council. D. Attendance Policy 1. In the event that an advisory commissioner is absent from three meetings in a row, he or she maybe removed from the advisory commission. 2. Attendance records shall be included in the advisory commission meeting minutes. 3. Alternate members on each commission are asked to attend all commission meetings; however, alternate members are only permitted to vote in the event that a regular commission member is not present. E. Commission Funding Requests 1. Advisory commissions must seek Council approval for funding requests (Discretionary funds are available to advisory commissions in the appropriate departmental budgets for routine meeting expenses). /Y7 Guidelines for Advisory Commission Appointments/Procedures DRAFT Page 4 F Role of Advisory Commissions 1. Advisory commissioners are volunteers of the City of Eagan 2. Advisory commissioners are appointed by the City Council to be members of advisory commissions that are charged with the serving in an advisory nature to the City Council. 3. Under no circumstance may advisory commissioners act on behalf of the City, nor shall commissioners be involved in enforcement and/or regulation on behalf of the City, unless directed to do so by the City Council as a whole. 4. Advisory commissioners are permitted and encouraged to attend project sites within the City of Eagan that are pertinent to Commission agenda items. Commissioners, when on project sites, are encouraged to state their role as a member of a City of Eagan Advisory Commission. IV. RESPONSIBILITY By accepting this policy, the City of Eagan accepts responsibility to enact the guidelines and policies as proposed. Any proposed modifications to the policy must be submitted to the City Council for consideration. Date of Approval: Signed: Pat Geagan, Mayor /5`~ SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. TO: Dianne Lord, Assistant to the City Administrator FROM: Michael G. Dougherty, City Attorney DATE: December 10, 2003 RE: Advisory Commission Background Checks 1. If the City were to conduct background checks, do the results become public once they are provided to the City Council? The answer is no; however, it is assumed that the Council would only be provided with the results, when and if there was a problem with an applicant. Ramifications of the City requiring background checks on all Commission applicants. First and foremost, is the danger of the misclassification and the release of data by the City which would otherwise be non-public. Secondly, it must be determined who is to conduct the background checks and what information are they to access for such checking. Will that same person/department be the clearinghouse for the information received and the determination of its classification? Lastly, it is unclear whether the background check is solely confined to conviction history, but nevertheless, there maybe individuals which the Council may be desirous of appointing who only due to an earlier conviction would not qualify for the appointment. If the Council's policy was to determine on a case-by-case basis who could be appointed while having had a conviction, the Council in essence would have no policy. 3. Process for Conducting Background Checks. The recommended process would be to have aself-disclosure by the applicant that would then require the applicant's authorization to confirm the applicant's history. Essentially, the City would be testing the applicant's veracity. If the existence of any conviction would preclude appointment, the applicant should be made aware of such standard at the time of application. If upon testing a problem arises, the information should be relayed directly to the City Administrator who would then undertake direct notification to the applicant. /`~9 4. The City can reject an applicant for a felony conviction. However, prior to the appointment process, the Council should identify whether all or only certain types of convictions are preclusions to appointment. 5. Is the practice of rejecting applicants based on felony convictions advisable? A lawyer's answer is always that it depends. If the duties of the Commission directly relate to the type of activities for which the applicant has been convicted, the public may be better served by rejection. Yet, if the conviction occurred 20 years ago, is the applicant still barred from possibly contributing to the benefit of the public? This is a policy issue. MGD/j It /SD January 20, 2004 City Council Meeting Organizational Business H. Extension of Commission Appointments to April, 2004 In response to the Council's November 18, 2003 action to appoint new Commission members in April, the terms of those commissioners whose terms were set to expire in December of 2003 were extended through Apri12004. In order to be consistent, the Council is now asked to extend the lengths of all commissioners' terms by four months. In short, each commissioner's term would be lengthened by four months until such time as the commission vacancies are appointed in April 2004. By doing so, each commissioners' term will end in April of the year in which his/her term expires. ACTION TO BE CONSIDERED: ^ To approve the 4-month extension of all advisory commission terms, in order that all commission terms will be consistent when appointed in April of each year. /S/ Agenda Information Memo January 20, 2004, Eagan City Council Meeting OLD BUSINESS A. CONDITIONAL USE PERMIT AND VARIANCE -REALTY DESIGNS INC. ACTIONS TO BE CONSIDERED: The applicant has requested this item to be continued until the February 3, 2004 regular City Council meeting. REQUIRED VOTE FOR APPROVAL - Majority of Quorum FACTS: - The applicant is requesting the continuance to allow a third option for trail installation/vehicle access on the west end of the site to be reviewed by Engineering staff. 60 DAY STATUS: - February 29, 2004 (reflects 60-day City and applicant requested extension) ATTACHMENTS (1): Request for extension on page /S~ 6126870411 JAN-15-04 12:26 PM D I ~, ~- ~ ~ ~, REALTY DESIGNS, INC. Cedarvafe Busine55 Center 3914 CeCtar Grove PGtrkwoy ~ Eagan, MinnesOfC 55122 i Ja~uary 15, 2004 (7E1.1TOp~ ~ke Ridley Rg: January 20a' City Council meeting i 1 D,~ar Mike, 61268Te411 P. 01 651 /b87-(J.510 Fpx: 651 /687-0411 Tbis morning John and I met with Mayor Pat Geagan, Russ Matthys and Jon Hohenstein at~our property to discuss the parking lot changes that are being considered. During the c arse of tl~e conversation it was mentioned that there may be another alternative to the t o tha! have been presented thus far. In order to give the City time to work on this new proposal I would like to request a continuance for the January 20'h meeting and have our it~m appear on the agenda for the Wert meetins an Tuesday February 3, 2044. It ~s my understanding that this is alI I need to do to get my item removed from the ~Jahuary meeting and added to the February meeting. if this is not the case and there is soin~~thing more I need to do please let me know. ~Plt:ase Contact me if you have any questions regt+rding this matter. +Sihccrcly -. . ichard Fitzgerald Consulting • Appral~cls • Investments /~ Agenda Information Memo January 20, 2004, Eagan City Council Meeting VIII. NEW BUSINESS A. CONDITIONAL USE PERMIT - SOWLES PROPERTIES ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit to allow outdoor storage of a 113 foot tall crane, equipment, materials, and currentllate 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 direct findings of fact for denial) 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. • Sowles requested continuance from the January 6, 2004 meeting to the January 20, 2004 meeting. 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 • March 18, 2004 - a waiver has been signed ATTACHMENTS (3): ~sy Advisory Planning Commission Minutes page(s) // 5~a~ ~-S~ Planning Staff Report pages / ough~~ Letter from resident page /SS 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 tothe success of the applicant's business operations. Chair Heyl opened the public hearing. _ ;~ Several employees of Sowles Properties, L.P.,~~~~ol reside in Eagan spo}: e in support of the application for outside storage and the necessity~f;?rt}~e crane`as an integral part c~fits business operations. A neighboring business owner, Ron Beaker, s~ily spoke in ,support of the application. ' '~ ~``~'~. K, ,w_ ~~ There being no additional comment, Chair Heyl closed t~ public hearing and turned the discussion back to the Commission. ~~'~ ~ ~- _. J ~S ,. Chair Heyl noted that the property is wined ii~dti~trial and,t~at not withstanding the visual impact of having a crane located on the pro~er#y, such usa may be expected and could be considered consistent with actin ides in an indus`'trial 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 wii1~ City Code and specifcally that the storage must be for anc~ccup~t,or tenant of the principal building on the property. . „ ,~ i ,,. : ,.; Member Gladhill co~imented that ,it appeazed the crane was not harmonious with the area, but vas 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 tlir~ oiii~ide stor~~e area and providing the required set back from Highway 13. ';-~._ !- Member Bendt coiruziented that the crane should be of an appropriate color to blend in with ~_ ~.. the sky and similar t~ 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. /56 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 a,adi'b° City's responsibility. Bauer explained that an enclosure is a Code condition other. il~an that can't really apply additional security methods. : . : ,,, of Member Leeder mentioned that the site has history and Highway 13 a=quldn'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 moti on 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 acie, site, and a 30 foot variance to the front yard setback on Part of Government 1,o~t~2, Section 9, Towtisl~p 27, Range 23, located at 3045 Sibley Memorial Highway; subjects to~the-~ll~owing six conditions of the Staff Report and together with four additional condition (listed as-7 throngh4l~below): 1. The Conditional Usa Permit shall~be recordetwith Dakota County within 60 days `of the date of approval and. proof of its recording be provided to the City:' --._~ 2. ~ If ~ariy 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. /s~ Ciry 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 ofthe principal building. 8. The crane must be located 300 feet from Highway 13. 9. All outdoor storage areas must be enclosed by a fence.. ;w';~ ;~ 10. Outdoor storage shall be setback 50 feet from Hi~li~~~~~ 13 (versus the 30 foot variance). . ~ ~ ~ .'' ~., `~ ~ ~~- >.;=_. Motion carried 4-1 (Member Bendt against (stating h:, t?e~ieved the`eiiLlosure requirement should be only for the automobile outside storage)). '°~~ ,~ ,~ . .~~ , Y 5= t 4f ~{~~ ` S. jy n" l.. .~..~~. '4 *i ~~ .~~~ .. - _ _ ~Y. 'i c:~~ ~~ ,* '~ ~i /58' PLANNING REPORT CITY OF EAGAN REPORT DATE: December 15, 2003 APPLICANT: Sowles Properties L.P PROPERTY OWNER: Same REQUEST: Conditional Use Permit CASE: 09-CU-18-11-03 HEARING DATE: December 18, 2003 APPLICATION DATE: Nov. 19, 2003 PREPARED BY: Sheila Cartney LOCATION: 3045 Highway 13 COMPREHENSIVE PLAN: 1ND, 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 cunent/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. /S9 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, Ciiy 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 nvnimum 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. /60 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-l, 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 sub' ect ro ert Existing Use Zoning Land Use Designation North Park P, Park P, Park and Recreation o ens ace South Various industrial I-1, Limited Industrial IND, Industrial uses East Hwy 13, Single family R-l, Residential LD, Low Density residences Sin le residential West Single family home I-1, Limited Industrial IND, Industrial and Park uses P, Park P, Park and Recreation o ens ace /6/ Planning Report -Sowles CUP December 18, 2003 Pace 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 nropertv uv into four areas each area has certain items associated with it. Area Items 1 Short Term -trucks, trailers, cranes, materials and a ui ment 2 Crane com onents, weldments, steel, materials and a ui ment 3 Short Term - Crane componets, weldments, materials and equipment. Parking for future tenants 4 Trucks, trailers, current/later model cazs, materials and a ui ment 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 Leasin S ace Sowles Co./Northwest Tower Cranes 7,800 SF Office+42,000 SF shop+ 90,000 SF yard Valle Building Products 2,400 SF office E-con Placer 8,000 SF sho Airline Transportation S ecialists 16,400 SF warehouse + 12 trailers in yard 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 s ace, u to 700 cars 525 currentl ) Marc Construction Four trailers in YARD After all these tenants occupy their space, there is sti114,000 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 aze usually at /6~ Planning Report - Sowles CUP December 18, ?003 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. (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. /~.s Planning Report - Sowles CUP December 18, 2003 Page 6 ' En~ineerinQ 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) Dutdoor 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 enclosa~re 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. /6 y 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 fora 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: /6S 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. /6d FINANCIAL OBLIGATION-09-CU-1&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 pernut 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 yeaz 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. /6 ~ i I Eagan Boundary I Location Map ~ , - ' StreetCent.rllne Parcel Mea ;; BuBding Feotprlnt ~ Sfte 4 ? m a i m a a ~ ~ ® g ; ®~._... ~[ t ` e { i ~ ~ r ~ ~ ~~` o • ~ ~~~ ~ j ~ ~®~~ 1 oa ~~ ~ '~ ~j ~~~ t~ i y ~ . • ~ . ~ ~ °a ®®ne>m g a ~ ~ .~~ ®® ; ~ 6 ~~ ~ ~ ~®~ t ~ i ~'1_ ~.~ o ~ ~ ~ ~ ~> s ~~~ J e a ~ ~ ~-M • s. 9 ~ ~~°''°~ 0 .. 1000 0 10D0 2000 Fcet DevelopmentlDeveloper•. Sowles Properties, L.P. Application: Conditional Use Permit // ('J Case No.: 09-CU-18-11-03 ~J Q city of engan ap Pnparod mine ER51 AreVkw ].1. Parch Wsa mep data provided N by Dakota County OMfc. of CIS and u current as of Jun. 200]. ' TNIS MAP IS INTENDED FOR REFERENCE USE ONLY W E .oe L`fty of Eagan and Dakota County do not guarantee the accuracy of titia infon+ratlen and are S J Ll 4 m JW N /6 p r Jr W h N N r N r ll~ ~_ 7 cam: :`. DEC. 3.2003 5~22PM VALLEY BUILDING 651-267-9785 N0. 144 P.3i3 mil-V•`r~ 1 .c. / ~ I\.L~i rMW NR. Y .nn /< or :w,/• ~ „oRTM uw[ n Mw;/~ 0I nwi/• sR ~. T. 17, A.I7. wa Cf, t2?. kI~ .. - - 1/ " ~N 89'4o't2' E tt97.00--- - 206.28 -~ - t .81 ~• -H 8 't 2' E 7tt.Ot --- f ~ ~ •1 r :5 N /i ~' ~~ i Y ICY • ~/ `/~ :2 qrs. ~' r s ¢ ~ = ~ • ~F~ \ ! ~„ 7 /~ - ;' ~ ~' , ~ ~ / r / ~~ ~ ' t • ~' r`' ~~J' h /' ~ ~,~ - C k ' .! n ' 6• ~ !' ~ i~~ ~~ ~ r.. ~ ~ %~ ~ ,;S ~ r~ . ~ • l.) Short Term Farkm¢ 1Yucks, trailets, mobt7a crsnes and coas~ruction ~ ~ ~~ ~r eQuiprmeat, pm-ed with existing bit9mirsoua. ' ~ ~ ~ ~ • ' r' Usad by Sowl'C fpr their own opanGions. ~//y" , ~, 2) Excess Ya~ry Areas. Crane eermpoaeats, wddtacnts, rsw steel, stcai i ~ ,~ componoat Pats, materials, egttigmeaL surfaced with exiatiag cashed rock. . , -- - -_ .. ~ .. ~~ Y:~ Used by Sowks/NW7C for their owe operations. 3.) Etccese Iavcatoy Arco. Shoe farm storage of crane compoaeats, weldmen*s, _~ ~ - --5 a9.55'S9' W s8~ _` - ~~cr c materials ~ °4~Pmaat posaiblo Puking for future btu'ldiag tettanu. Page: • satw uNC er rnn/• er Hw/• xa e. T, n, tiz]. '~+tt ~ x'ith p¢aS1Ag CoDCfcta c ~ °~~ Used by SowleslNW I'C1Vallry for their own operations. n r ~ n n ; ~+ - ; n i n ~ , ^ T `> ~ n i ~ ~ n C ~ r~ ~' 4.) Mnia Outdoor Storage Area. Trucks, tra~lan (30~ consnvctioa equipment, r, ~ 7 ~ i v - ; ~ ~ f i v ~ v .... t t ~ t n t . n t ~ 1 v materials, for bu~diag ot~tttpnaut. Currsn'tl7ato model cars {up to 700). Pavc: with c9cistiitg binmmiaous. Bowles Properties Limited Partnership 3045 Highway ~3 Eagan, Minnesota 55121 / OU'~'SI~~ ~~~~AG~ r~vf~ tz 1 ~1 v~ SOWLES PROPERTIES LIMITED PARTNERSHIP VALLEY BUILDING PRODUCTS CO. 3045 HIGHWAY 13 EAGAN, MINNESOTA 55121-1602 November 17, 2003 Re: Conditional Use Permit Application Lega] Description Part of Government Lot 2, Section 9, Township 27, Range 23. P.I.D. #10-00900-10-26 located 3045 Highway 13. Background/fiistory Sowles Properties L.P. purchased 3045 Highway 13 in December of 2002. The facility was larger than our needs required and the previous owner (Lull Industries) was not willing to subdivide. We went ahead v~~ith 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. ~j ~~~'~; Page Two Conditonal Use Permit Application November 18, 2003 B.) We propose installation of a 113' tower crane ax 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 aze 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 aze parked in neat rows. Soutliview's space requirements may change; we would idce 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 officelwarehouse building, several accessory buildings, .employee pazking 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, graveUdirt storage. /7'Z 6512879765 DEC. 3.2003 5~21PM VALLEY BUILDING 651-287-9785 SOWLES PROPERTIES LIMITED PARTNERSHIP VALLEY BUILDING PRODUCTS CO. 3045 HIGHWAY 13 EAGAN, MINNESOTA 5~ 121-1602 FA.X TR.ANSMITTAY. December 3, 2043 To: Mike Ridley, Sheila Cartney City of Eagan From: Jack RAmsaas, 651.287.9786 Re: Conditional Use Permit Application Additional Information NO. 144 P.li3 Ia reference to our application dated November 17, 2003 and to follow np our November 26~ meeting, I am providing additional information and clarifications per your request. Sowles Properties and Valley Building Products }ointly own the property located at 3045 Highway I3. Sowles Co. (steel erector subcontractor), Northwest Tower Cranes {crane rental Sc 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 Valley Building Products E-con Placer Airline Transportation Specialists St. Paul Tire Industrial Restoration, Inc. Wilson McShane Corporation *Southvierov Chevrolet *Nlarcy Construction 7,800 SF Office + 42,000 SF Shop + 90,000 SF Yard. 2,400 SF Office 8,000 SF Shop 16,400 SF Warehouse + (12) trailers in Yard. 1,200 SF Warehouse 1,200 SF Warehouse 9,300 SF Warehouse 106,000 SF Yard, up to 700 cars, currently approx. 525. (4) trailers in Yazd *Two tenants currently resting yard space only. Available Space Office Approximately 4,000 SF Warehouse Approximately 18,600 SF Yazd Approximately 20,000 SF /23 Utl,. ~.~bb~ 5~c~rr~ vRLLEY BUILDING 651-287-9785 NO.id4 P.2i3 SOWLF.S PROPERTIES LIMITED PARTNERSHIP Page 'Ibvo December 3, 2403 Regarding the four Outdoor Storage areas listed in our November 1'N' application, please replace paragraph A..} on the fast page with the following: A.) Four proposed Outdoor Storage area types see attached site plan. I.) Short Terra Parking. Trock;s, trailers, mobile cranes and construction equipment, Paved with existing bituminous. Used by Sowles/NWTC for their own operations. 2.) Excess Inventory Areas. Crane components, weldaieats, raw steel, steel component parts, materials, equipment, surfaced with existing civshed rock. . Used by Sowles/NW TC for their own operations. 3.) Fxcess Inventory Area. Short term storage of crane components, weldments, materials aAd equipment. Possible parking for future building tenants. Paved with existing concrete. Used by Sowles/NWrC/VaIley for their own operations. 4.) Main Outdoor Storage Area. Tivcks, trailers (34), construction vquipmcnt, materials, far building occupants. Currcnt/late model cars {up to 704). Paved with existing bituminous. Mike and Sheila, I hope this provides the information you aced for your report to tho Planning Commission, if not feel free to call should there be any questions. Thank you for your assistance. /~~ FROM PHONE N0. Dec. 18 2003 02:36PM P1 QRGANIC STUDIES, INC. MARYANN E. MCCOhTNELL 3105 SIBLEX MEMORIAL HIGHWAY EAGAN, MINNESOTA 55121 TELEPHONE: {651) 454-2918 FACSIMILE (651) 456-9205 E-Mail: eximC~intidept.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 fox 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 fox cars and trailers, it feels as if I am living next to a used car lot. I ann 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 Highway 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 an than it already is. I appreciate you taking the time to read my concerns. If you have any questions, please feel free to contact me at the numbers or a-mail address indicated above. exely ours m y E. M onnell /~S Agenda Information Memo January 20, 2004, Eagan City Council Meeting B. PRELIMINARY SUBDVISION (LONG ACRES) REZONING - MANLEY LAND DEVELOPMENT ACTIONS TO BE CONSIDERED: To approve (OR direct findings of denial) a Rezoning of 29.62 acres located east and west of Gun Club Road and north of 120"' Street from Agriculture to R-1, Single Family Residential in the SE'/a of Section 36; subject to the conditions listed in the December 18, 2003 Advisory Planning Commission minutes To approve (OR direct findings for denial) a Preliminary Subdivision (Long Acres) to create 51 single family residential lots upon 29.62 acres located east and west of Gun Club Road, north of 120`h Street in the SE'/4 of Section 36; subject to the conditions in the December 18, 2003 Advisory Planning Commission minutes. FACTS: • The eastern portion of the site was platted with Pinetree Forest Addition the western portion of the development is not platted. • The western portion of the proposed development boarders the West End Hunting and Fishing Gun Club. • Wetlands are present on the southwest portion of the proposed development. The developer proposes to impact both wetlands by filling. • A wetland replacement and monitoring plan application, has been submitted, in accordance with state law. • The 51 lots proposed range from 12,070 sq. ft. to 63,920 sq. ft. in gross area. Many of the larger lots contain some ponding easements and wetlands. • All lots proposed comply with R-1 standards. • The developer proposes to construct a temporary sewer lift station at Biscayne Avenue to accommodate the development's sanitary sewer needs. • A traffic study was performed by SEH consultants and suggest that the extension of 120`h Street is not necessary to accommodate the Long Acres development. Also, the operation and level of service of the existing roadways in the area, including the intersections of Highway 3/ Red Pine Lane and Weston Hills Drive/ Cliff Road, will not be adversely impacted by this development. • The development as proposed will result in the removal of six-hundred twenty-one (621) significant trees (70.8 % of the total). Required tree mitigation calculates to seven-hundred forty-eight (748) category B trees, or an equivalent combination of Category A or Category C trees. / 76 At the request of staff, the Developer is proposing to construct an eight foot wide bituminous connector trail within a fifteen foot "drainage and utility easement" located between lots seven and eight. The Advisory Parks and Recreation Commission continued this item from the December 15th meeting to the January 15th meeting to discuss wetland issues, on January 15th they recommended approval. The Advisory Planning Commission held a public hearing on December 18, 2003, and are recommending approval; subject to the conditions in the APC minutes. ISSUES: With approval of the subdivision to the east (Pinetree Forest) the previous City Council stated no further development occur in the area until 1201i~ Street had been improved and extended to Highway 3. ATTACHMENTS (2): Planning Staff report on page~hrough Planning Commission minutes on page~through~ ~. ~~~ PLANNING REPORT CITY OF EAGAN REPORT DATE: December 11, 2003 CASE: 36-RZ-14-09-03 36-PS-17-09-03 APPLICANT: Manley Land Development PROPERTY OWNER: Manley Land Devel HEARING DATE: December 18, 2003 APPLICATION DATE: October 1, 2003 REQUEST: Rezoning/Preliminary Subdivision PREPARED BY: Pam Dudziak Sheila Cartney LOCATION: East and West of Gun Club Road, north of 120th Street COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: A, Agriculture SUMMARY OF REQUEST Manley Land Development is requesting approval of a Rezoning from A, Agriculture, to R-1, Single-family residential, and a Preliminary Subdivision to create 51 lots upon 29.62 acres located east and west of Gun Club Road, north of 120`h Street in the SE'/a of Section 36. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states, in part 1. The provisions of this chapter maybe 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 oftwo-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. /9~ Planning Report -Long Acres November 5, 2003 Page 2 Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other i~9 Planning Report -Long Acres November 5, 2003 Page 3 information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The eastern portion of the site was platted in 1997, Lot 12, and 13, Block 1, Pinetree Forest Addition. In 1997 a Subdivision was approved for 54 single family lots and a rezoning from Agriculture to R-1 on 20 acres east of the subject site. The eastern portion of the subject site was platted as Lot 13, Block 1, Pinetree Forest Addition, but was not rezoned to R-1. The western portion of the subject site is unplatted. In addition to approving the Pinetree Forest Subdivision the City Council stated no further development occur in the area until 120th Street had been approved and extended to Highway 3. EXISTING CONDITIONS The proposed subdivision and rezoning is for two platted parcels and two unplatted parcels. All four parcels are accessed from Gun Club Road. Wetlands are present on Lot 13, Block 1, Pinetree Addition. A wetland is present on southwest portion of the proposed developed on an unplatted portion of the proposal. Overall the entire site is heavily wooded. An existing single family home is located on Lot 13, Block 1, Pinetree Addition and several accessory structures which were constructed in 1950. The western portion of the site which is unplatted has a single family home on the north end which was constructed in 1993. The eastern portion of the development abuts single family uses and the western half abuts the West End Hunting and Fishing Club. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zonin Land Use Desi nation North Single Family R-l, Single Family LD, Low Density Resid. Residential; Red Pine Resid. QP, Quasi-Public Elementary School; light PF, Public Facilities IND, Limited Industrial industrial I-1, Limited Industrial RC, Retail Commercial NB, Neighborhood Commercial South Rosemount ~~6 Planning Report -Long Acres November 5, 2003 Paee 4 East Single Family Residential R-1, Single Family Residential LD, Low Density West West End Gun Club P, Park P, Park EVALUATION OF REQUEST Compatibility with Surrounding Area -The proposed single-family use is consistent with the City's Comprehensive Land Use Guide Plan which designates the site for Low Density residential development. A variety of uses exist to the north -residential, school, and industrial. To the east is a single- family development. To the south is rural residential in Rosemount, and to the west is the West End Hunting and Fishing Gun Club. The gun club and industrial uses have existed for several decades. Staff has some concerns with additional single family homes abutting the Gun Club. The noise from the Gun Club could be considered a nuisance to the neighbors and maybe perceived as some what of a safety concern. Some type of a buffer i.e. extended building setback or fencing may hinder the possible effects of the Gun Club. Since the 1980's, this area has been developing from large lot rural residential to low density single-family residential subdivisions. The elementary school was constructed in 1995. In 2002, the City reviewed the land use and zoning designations for the existing businesses along Biscayne Avenue. The result was to continue the industrial use designations on some of those properties, and designate others for retail commercial use. In 2001, with the city-wide update of the Comprehensive Guide Plan, the City considered the existing uses in determining the land use designations in the area. While existing uses were accommodated into the future with the Park designation for the gun club, and industrial and commercial designations for the businesses along Biscayne Avenue, the Low Density land use designation for other surrounding rural or vacant parcels was affirmed. Airport Noise Considerations -The property lies outside the airport noise policy zones. Densi -The-proposed development of 51 lots on 27.32 acres (excludes Outlot A) has a gross density of 1.9 units per acre. The net density of 51 lots on 22.78 acres (excludes Outlot A and right-of--way) is 2.2 units per acre. Lots -The 51 lots proposed range from 12,070 sq. ft. to 63,920 sq. ft. in gross area. The average lot size is 19,460 sq. ft. Many of the larger lots contain some ponding easements and wetlands. The net lot areas range from 12,070 to 35,095 sq. ft. All the lots comply with the minimum 12,000 square feet required in an R-1 zone. All of the lots satisfy the minimum 50 feet of frontage on the Public Street, and 85 feet of width at the front building setback line. /~i Planning Report -Long Acres November 5, 2003 Page 5 Setbacks -The R-1 zoning district requires a minimum structure setback of 30-feet from public rights-of--way, 10 feet from side lot lines (5 feet for garages) and 15 feet from rear lot lines (5 feet for garages). In addition, no structures may be placed within easement areas. Development on each lot will be subject to the standard ZO% maximum building area coverage for R-1 zoning. Gr dingy -The preliminary grading plan is acceptable with modifications. The site generally slopes to the middle and northwest portion of the property, with elevations ranging from 980 to 928. The developer should be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City's codified land disturbance and erosion control regulations. Storm Drainage- The preliminary storm drainage plan is acceptable with modifications. The storm water runoff from a majority of the development is proposed to drain via public storm sewer to new storm water basin and then to Pond LP-23 (as designated in the City Storm Water Management Plan - 1990), an existing pond wetland within the area. The City's Storm Water Management Plan calls for a trunk storm sewer outlet pipe to be constructed from Pond LP-23 to Pond LP-22 (Marsh Lake) within Lebanon Hills Regional Park. This pipe outlet is necessary to maintain and control water levels within Pond LP-23. A public improvement project providing for this outlet pipe should be approved by the City Council before final subdivision approval for this development. With the planned outlet from LP-23, this development will drain to Lebanon Hills Regional Park. The Park has experienced several significant flooding events in recent years. Due to this flooding, the Dakota County Parks Department has encouraged the City Council (August 13, 2002 Special Council meeting) and staff to consider the application of "Low Impact Development" standards on all new developments within the Park watershed, to help reduce the volume of storm water runoff entering the Park. Low impact development options exist to reduce storm water runoff from a development area, including rain gardens, infiltration basins, and grassy swales. City codes or policies currently do not exist regarding low impact development standards. City staff requests discussion and direction from City officials regarding this issue. Erosion Control -This development is subject to the City of Eagan Land Disturbance and Erosion Control Regulations (Sec. 4.32, City Code), which require proper installation and effective maintenance of erosion control practices to prevent and minimize soil loss and impacts to down-gradient resources and water quality. Utilities -The preliminary utility plan is acceptable. Water main of sufficient size and capacity is available for connection within Biscayne Avenue at the north edge of this property. The developer should be responsible for the connection to existing water main at the intersection of Pine Lane and 120~h Street, as shown on the preliminary utility plan. / 8~ Planning Report -Long Acres November 5, 2003 Page 6 Sanitary sewer of sufficient size and capacity is also available at existing Biscayne Avenue. However, the sewer pipe is not at an elevation to serve the entire development by gravity flow. A sanitary sewer of sufficient depth to serve this area with gravity sewer exists at the intersection of Red Pine Lane and Highway 3, approximately 1,000 feet north of this development. This sewer will be extended south toward the development in the future, either as part of development of the property between this development and the sewer (Pazce1012-81) or by public improvement petition from an interested property owner. The developer proposes to construct a temporary sewer lift station at Biscayne Avenue to accommodate the development's sanitary sewer needs. Due to the uncertain nature of the future extension of the gravity sanitary sewer, the proposed lift station should be constructed to City Engineering and Public Works department standards for a permanent lift station. All existing well and septic systems on the site should be abandoned in accordance with Dakota County and City standards as part of this development. Streets/ Access/ Circulation- In 1997, the City Council approved single-family a subdivision to the east of this site, Pine Tree Forest. With the approval, the City Council directed that no additional development should occur in the area near Pine Tree Forest until 120th Street on the Rosemount border was improved and extended to Highway 3. Lots 1 and 2, Block 1 aze proposed to take driveway access from the current alignment of Gun Glub Road, which is a rural section gravel roadway. The developer should be responsible for upgrading the portion of Gun Club Road adjacent to Lots 1 and 2, Block 2 to an urban section street, in accordance with City engineering standards. The developer commissioned one of the City's consulting engineers, SEH, Inc. to perform a traffic study for the area to determine the need for the extension of 120th Street to Highway 3. Four scenarios and their traffic impacts were investigated with the study. 1. Existing roadway network with the proposed Long Acres development 2. Existing roadway network with future development in Eagan (full development) Rosemount and Inver Grove Heights 3. Existing roadway network with the proposed Long Acres development and the extension of 120th to Highway 3 4. Existing roadway network with future development in Eagan (full development) Rosemount and Inver Grove Heights, along with the extension of 120th to Highway 3. In summary, the results of the study suggest that the extension of 120th Street is not necessary to accommodate the Long Acres development. Also, the operation and level of service of the existing roadways in the area, including the intersections of Highway 3/ Red Pine Lane and Weston Hills Drive/ Cliff Road, will not be adversely impacted by this development. /g3 Planning Report -Long Acres November 5, 2003 Paee 7 The existing Spruce Street stub will be extended west to intersect with Biscayne Avenue with this development. The preliminary site plan shows driveway access from Biscayne Avenue. Because Biscayne Avenue is a higher volume collector street than Spruce Street, driveway access for Lot 8, Block 3 should be from Spruce Street. The developer should also be responsible for removing the street section and restoring the area of the existing Spruce Street temporary cul-de- sac. Easements/ Permits/ Ri t-of-Wad The developer should be responsible for obtaining the street right-of--way (and temporary easement) along the entire length of Pazce1012-81 necessary to upgrade Biscayne Avenue to City street standards. This development should dedicate a minimum of 40 feet ofright-of--way along the south edge of the plat for possible future upgrade of 120' Street. This development should dedicate adequate drainage & utility easement over the proposed sanitary sewer lift station on Lot 1, Block 2. Water Quality- This 30-acre development would be located in the City's LP1-watershed, which is in the southeast corner of Eagan and which is associated with Lebanon Hills Regional Park. The developer proposes to meet the City's water quality requirement to treat stormwater on site by directing runoff to two constructed ponds. Minimum requirements for volume and area of water quality treatment ponds are based on the impervious proportion of proposed developments (i.e., land covered by buildings, parking lots, driveways, and walks). With a total impervious fraction of 36.5 percent, which is relatively high for this kind of development, a minimum wet-pond volume of 1.8 acre-feet covering a minimum area of 0.6 acres would be needed to treat the stormwater generated by this development. The developer proposes to create one pond each to treat stormwater from asub-drainage area within the development. Pond 1 (minimum 1.0 acre-feet of treatment volume) would collect runoff from 11.6 acres and Pond 2 (minimum 0.8 acre-feet of treatment volume) would collect runoff from 9.0 acres. Both ponds would need to meet City Engineering standazds including a 10:1 aquatic safety bench at normal water level, a maximum depth of 6 feet, and an acceptable outlet or overflow structure. The remaining approximately 9.5 acres of the site is comprised of two sub-drainage areas, each of which contains a wetland. A historical stormwater pond is located in the most easterly aspect of the site's drainage area. Wetlands -Both wetlands, one in the middle of the site (Wetland "A") and one at the western edge of the parcel (Wetland "B"), are Type 3 wetlands under the classification system of the U.S. Fish and Wildlife Service. Wetland "A" spans approximately 0.5 acres and Wetland "B" covers about 1.4 acres. Type 3 wetlands are inland shallow fresh marshes that are permanently inundated with six or more inches of water during the growing season. Vegetation includes grasses, bulrushes, and various other marsh plants such as cattails, arrowheads, and smartweeds. /8 f Planning Report -Long Acres November 5, 2003 Page 8 Wetland "A" is under the jurisdiction of the Wetland Conservation Act of Minnesota (WCA), which is administered locally by the City. A portion of Wetland "B" is under jurisdiction of the Public Waters Work Permit Program of the Minnesota Department of Natural Resources because it is classified as a public water wetland (#19-0309W). Any proposals to drain, fill, or excavate these wetlands need to comply with the provisions of these authorities. The developer proposes to impact both wetlands by filling. Wetland "A" would receive 2,297 square feet of fill. Wetland "B" would receive 1,073 square feet of fill. Under WCA provisions, this development is allowed a maximum wetland impact of 400 square feet. Any proposal with more wetland impacts than that must submit a wetland replacement and monitoring plan application, for City consideration, in accordance with state law. Wetland replacement is based on a 2:1 ratio and replacement acres need to be annually monitored for up to five years to ensure they are functional and stable. As of the preparation of this report, the developer has not submitted a formal wetland replacement and monitoring plan application to the City. However, a "preliminary wetland mitigation plan" sheet of the subdivision submission indicates the following: The developer proposes to replace 3,370 square feet of wetland fill by creating 7,328 square feet of wetland (a minimum replacement is 6,470 square feet). The developer proposes to create 1,581 square feet of new wetland along the northeastern edge of Wetland "A" and 5,747 square feet of new wetland between the two lobes of Wetland "A." Tree Preservation - A tree inventory has been prepared by Pioneer Engineering and submitted with this application. The inventory accurately identified the size and species of all "significant trees" (as defined by the City of Eagan Tree Preservation Ordinance), as well as the location of same trees. The submitted inventory indicates that there are eight hundred seventy-seven (877) significant trees in the inventory. The majority of the trees (722; 82% of total) are conifers (pine and spruce). The balance of the tree inventory is comprised of green ash, silver maple, birch, walnut, mountain ash, oak, maple, locust, black cherry, and willow trees averaging 10" in diameter. The development as proposed will result in the removal of six-hundred twenty-one (621) significant trees (70.8 % of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, multiple- lot, residential) is set at 40.0% of the total significant trees. With a proposed removal greater than the allowable amount, there is required tree mitigation for this proposal. Required tree mitigation calculates to seven-hundred forty-eight (748) category B trees, or an equivalent combination of Category A or Category C trees. The applicant has proposed to fulfill tree mitigation.requirements through the installation of 504 Category B trees to be installed on site, with the balance of 244 Category B trees to be installed off site. Comparison/Contrast to Adjacent Development /ss Planning Report -Long Acres November 5, 2003 Page 9 Commission and Council members may remember the Pine Tree Forest development, which is located directly east of this site, which came before the commission during 1997. The Pine Tree Forest site was, at the time of development application, an active tree farm, with the majority of existing trees planted in rows with trees of the 10'-20' height size, being tree spaded out on a somewhat regular basis. Many (951) of the existing 3,055 trees, were at that time (1997) conifer trees taller than 24 feet and too large for tree spading. Therefore, the site could be most accurately be described as an over mature tree farm, actually converting itself into a mature tree woodland. In comparison to the Pine Tree Forest site, part of the Long Acres site was also planted and did perform as a tree farm; however large volumes of trees have not been commercially moved off this site for quite some time. In contrast to the Pine Tree Forest site, the Long Acre site is now about 75% open grassland or wetland. The existing tree resource on the site is comprised of mostly coniferous (evergreen) trees located around existing houses and structures in the extreme north end of the site and in the south portion of the site. These trees average about 50' in height and have grown too large for tree spading operations. Also in contrast, the Long Acre site has much more tree species diversity than did the Pine Tree Forest site. A tree inventory performed in 1996 for the Pine Tree Forest site indicated there were 6 coniferous species and 5 deciduous tree species on site. A detailed tree inventory of the Long Acre site indicates that there are currently 13 coniferous species on site (Jack Pine, Red Pine, Scotch Pine, White Pine, Austrian Pine, Norway Spruce, Blue Spruce, White Spruce, White Fir, Douglas Fir, Balsam Fir, Tamarack, and White Cedar), and 16 deciduous species growing on site (Elm, Willow, Red Maple, Silver Maple, Mountain Ash, Green Ash, Birch, Black Walnut, Basswood, Apple, Cottonwood, Bur Oak, Red Oak, Black Cherry, Locust, and Linden). Because the Pine Tree Forest site had much more of a "tree farm" plant community, the applicant was required to mitigate tree removal in excess of allowable limits on a 1:1 basis. Many of the trees were transplanted from the site to Hidden Corner Park. In contrast, because the Long Acre site is currently comprised of much less of a "tree farm" plant community, staff is recommending, and the applicant has agreed to fulfill required tree mitigation per standard Tree Preservation Ordinance schedule. Tree Preservation Efforts Staff has had several meetings with the applicant (Manley Brothers Construction) and with the applicants engineer firm (Pioneer Engineering) to discuss proposed tree removal versus potential tree preservation. At those meetings, staff has emphasized that Eagan's Tree Preservation Ordinance places high priority on the preservation of existing trees and woodlands, and also a high priority on the orderly development of wooded areas to minimize tree and habitat loss. Staff also explained to the applicant that the Tree Preservation Ordinance allows for an exception to allowable tree removal limits when "practical difficulties or practical hardships result from strict compliance with the provisions" of the ordinance. With this in mind staff has made several recommendations to the applicant to reduce overall tree removal. The applicant has made revisions to the original site plan, reducing the proposed tree /86 Planning Report -Long Acres November 5, 2003 Page 10 removal from 87% to 71 %. Staff will continue to work with the applicant during development to identify additional opportunities as they become apparent. Parks and Recreation Trails The Long Acres development is immediately adjacent to Hidden Corner Park which adjoins Red Pine Elementary School. The park space includes two infields that are used for scheduled games during the summer and by the school for educational and recreational activities, in addition to open space for the surrounding neighborhoods. A large playground structure is located on the school grounds. Residents to the east and south currently access the park and school grounds via a connector trail installed as part of a previous development. At the request of staff, the Developer is proposing to construct an eight foot wide bituminous connector trail within a fifteen foot "drainage and utility easement" located between lots seven and eight, on the northerly end of the development, extending to the park boundary. The trail will allow residents coming from the south direct access to the park and school grounds, negating the need to walk or bike a considerable distance to the other access points. Though labeled as a "drainage and utility easement" no infrastructure other than the trail is proposed for installation within the comdor. Because of the very short length of the trail and its function as primarily a pedestrian access, an eight foot section will be adequate. Because the trail is be constructed within an easement there is no land credit given. The value of the trail construction will be credited towards the standard cash trail dedication, any balance of which would be paid in cash. Parks The property adjacent to the park has limited aesthetic and natural value. In combination, the existing park space and school grounds meet the open and play space needs of the area thus the development shall be responsible for a cash park dedication. SUMMARY/CONCLUSION In summary, Manley Land Development is requesting approval of a Rezoning from A, Agriculture, to R-1, Single-family residential, and a Preliminary Subdivision to create 51 lots and one outlot upon 29.6 acres located east and west of Gun Club Road north of 120th Street. The proposed rezoning appears consistent with the Comprehensive Land Use Guide Plan and with surrounding development. The development will be subject to standard zoning requirements for the R-1 zoning district. Utilities are available to the site, the developer is responsible for the connection of existing water main at the intersection of Pine Lane and 120th Street. The applicant proposes a temporary lift station to accommodate sewer needs, the proposed station should be constructed to permanent standards. ~g% Planning Report -Long Acres November 5, 2003 Page 11 The applicant contracted with SEH consulting firm to perform a traffic study for the area to determine the need for the extension of 120th Street to Highway 3. The study suggests that the extension of 120th Street is not necessary to accommodate the Long Acres development. Also, the operation level of service of the roadway network in the area, will not be adversely impacted by this development. The developer proposes to meet the City's water quality requirement to treat stonnwater on site by directing runoff to two constructed ponds. Both wetlands on site aze a type three wetland. The developer proposes to impact both wetlands, the impact requires a wetland replacement plan that has not yet been submitted. There are 877 significant trees on-site, the development as proposed will result in the removal of 621 of these trees (70.8%). Allowable removal for this site is 40 percent. A tree mitigation plan is required. ACTION TO BE CONSIDERED To recommend approval of a Rezoning from A, Agriculture, to R-1, Single-family residential, for 29.6 acres located east and west of Gun Club Road north of 120th Street, in the SE '/4 of Section 36. To recommend approval of a Preliminary Subdivision to create 51 lots and one outlot upon 29.62 acres located east and west of Gun Club Road, North of 120th Street in the SE'/4 of Section 36. If approved, the following conditions should apply. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, B2, B3, B4, C1, C2, C3, D1, and E1 2. The property shall be platted. 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 developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. 5. A public improvement project providing for an outlet pipe between LP-23 and LP-22 (Marsh Lake in Lebanon Hills Regional Park) shall be approved by the City Council before final subdivision approval for this development. 6. The developer shall be responsible for the connection to existing water main at the intersection of Pine Lane and 120th Street, as shown on the preliminary utility plan. /%8" Planning Report -Long Acres November 5, 2003 Paee 12 7. The proposed sanitary sewer lift station shall be constructed to City Engineering and Public Works department standards for a permanent lift station. 8. The developer shall be responsible for obtaining the street right-of--way (and temporary easement) along the entire length of Parce1012-81 necessary to upgrade Biscayne Avenue to City street standards. The easement shall be in a form acceptable to the City Attorney. 9. This development shall dedicate a minimum of 40 feet ofright-of--way along the south edge of the plat for possible future upgrade of 120th Street. 10. The developer shall be responsible for removing the street section and restoring the area of the existing Spruce Street temporary cul-de-sac. 11. The development shall meet the City's water quality requirements primarily by creating a minimum stormwater treatment capacity of 1.8 acre-feet covering a minimum area of 0.6 acres. Stormwater treatment ponds should be constructed according to NURP standards with a maximum depth of 6 feet, a 10:1 aquatic bench from the normal water level, and an outlet structures according to City design standards. 12. A formal wetland replacement and monitoring plan application must be submitted to the City for separate action by the City Council. 13. A minimum 30-foot wide buffer of natural, undisturbed vegetation outside the boundary of the wetland should be maintained before, during, and after construction. 14. The applicant shall fulfill required tree preservation mitigation through the installation of seven-hundred forty-eight (748) category B trees, of which five-hundred four (504) category B trees are to be installed on site, and through the installation oftwo-hundred forty-four (244) category B trees (or an equivalent combination of category A and/or category C trees) to be installed off-site. Staff will work with the applicant to determine exact location of off-site trees including trees at city park properties. 15. The applicant shall continue to work with city staff to identify additional opportunities for preservation during development. 16. 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. 17. The applicant shall contact the City Forestry Division and set up apre-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'Y' Planning Report -Long Acres November 5, 2003 Page 13 18. The development shall be responsible for a cash park dedication. 19. The developer shall construct an 8' wide bituminous trail to City standards within the 15' "drainage and utility easement" located between lots 7 and 8, extending from the curb to the north property line. Said trail shall be installed prior the construction of homes on lots 7 and 8. The construction value of the trail shall be credited to the trail dedication for the development. Any balance due shall be a cash dedication. The trail easement shall be in a form approved by the City Attorney. 2Q. The developer shall be responsible for upgrading the portion of Gun Club Road adjacent to Lots 1 and 2, Block 2 to an urban section street, in accordance with City engineering standards. 21. This development shall dedicate adequate drainage & utility easement over the proposed sanitary sewer lift station on Lot 1, Block 2. / 9D STANDARD CONDITIONS OF PLAT APPROVAL A. FinancialObligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the fins( plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of--way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. /9/ 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. ff any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of al! regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Traits Dedication i . This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission Approved: August 25, 1987 City Council September 15, 1987 Revised: Juiy 10, 1990 Revised: February 2, 1993 LTSpS STANDARD.CON FINANCIAL OBLIGATION-Long Acres- Preliminary Subdivision There are pay-off balances of special assessments totaling $-0-on the parcels proposed for subdivision. The pay-off balance will be allocated to the lots created by the subdivision. At this time, there are no pending assessments on the parcel proposed for subdivision. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision. ' 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 subdivision. IMPROVEMENT USE Sanitary Sewer Trunk S.F. Water Trunk S.F. Storm Sewer Trunk S.F. Total RATE QUANTITY AMOUNT $975/Lot 52 Lots $50,700 1,015/Lot 52 Lots 52,780 0925/Sq. Ft 800,000 Sq Ft 74,000 $177,480 2003 rates are used to compute this financial obligation. The actual obligation will depend on the year in which the final subdivision is approved. /9-3 NARRATIVE FOR THE PROPOSED LONG ACRES DEVELOPMENT The proposed development by Manley Land Development is currently guide planned LD- Low Density residential. The existing zoning is A (agricultural) with a proposed zoning of R-1 (single-family residential). The timing of the entire proposed development is immediately upon city approvals. There are several existing land uses on the surrounding properties. The azeas to the east and northeast are Low Density R-1 single family developments. There is an elementary school to the north and Neighborhood Business and Limited Industrial properties to the northwest. Adjacent to the west are the West End Gun Club which is currently zoned Park and existing rural residential lots which are currently zoned Agricultural. To the south is the city of Rosemount and there is farmland (currently zoned Agricultural) and large rural residential lots. The impact the rezoning will have on the surrounding property will be minimal. There is already existing residential to the east and north. There will be a secondary access created to get the proposed development and some of the people in the existing Pine Tree development out to Highway 3 via Biscayne to Red Pine. Eventually, 120' Street will be constructed giving the residential areas north and south of 120 Street a primary route to Highway 3. Water and sanitary sewer are available to the development. However, a sanitary sewer lift station will be needed temporarily for the proposed development. Storm water will be treated on site through the use of infiltration basins. Utility design and storm water treatment will meet all city of Eagan engineering standards. The proposed development will have some impact on the roads in the area. There are 51 proposed lots which will create about 510 total trips per day in and out of the proposed development. This is not a significant increase in traffic for that azea. Since there will be a secondary access in and out of the area via Biscayne, this should alleviate concern for the residents to the east and northeast about increased traffic through their neighborhoods. The portion of the existing Gun Club Road that runs north-south will be improved. Tree removal on the proposed site exceeds the 40% threshold. The reason for the high number of trees being removed is because of the topography of the land. This piece of land slopes downward toward the wetlands from the north, south and east which creates a basin effect. The entire site must be graded in order to handle storm water properly. Every effort will be made to preserve the trees that we can along the perimeter and relocate any existing trees that we can. 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REZONING & PRELIMINARY SUBDIVISION - MANLEY LAND DEVELOPMENT. Planner Cartney introduced this item and highlighted the information presented in the City Staff Report dated December 11, 2003. She noted the background and history of the subject property for the action to be taken by the Planning Commission. The. applicant's representative, Frank Blundetto, was present on behalf of his client and indicated he was prepared to respond to any questions. ,. Chair Heyl opened the public hearing and the follo« ink individuals proti~ided comment: 1. Steve Sandberg and a representative froi~i, the Westend Gun Club spoke in favor of the proposal: ,H~ expressed concern thaf future buyers of the residential homes should be informed that the Gun Club exists and that it has no intention. to move from its current location. 2. Resident Ian Bensonspoke and- expressed concern about access from the property. ~. 3. C3t~~I Friend: commented about density and wetland/watershed issues. 4. Resident Tiin_Bun7s commented concerning the density and tree loss. There being no further continent, .Chair Heyl closed the public hearing and turned the discussion back to the Planning Conu~aission. Chair Heyl requested the' Staff to respond to each of the questions raised by the residents. City Planner Ridley and Planner Cartney commented that the access appears sufficient, that the density was within the R-1 standards and that the watershed and wetland requirements will be satisfied. City Attorney Bauer commented that the City cannot require the developer to notify prospective purchasers of the existence of the Gun Club in any purchase agreement. Member Gladhill commented about the concerns raised by Dakota County in regards to the potential flooding of its neighboring park. The applicant's engineer, Paul Thomas, provided a summary of the efforts undertaken by the applicant to have a "low impact" development that would minimize flooding of the neighboring park. City of Eagan Advisory Plamling Commission Meeting Minutes December 19, 2003 Page 7 Chair Heyl commented that this issue had been presented before and that the City has yet to take action to modify its ordinances to require more strict development standards. Member Gladhill moved, Member Bendt seconded a motion to recommend approval of a rezoning from A, Agriculture, to R-1, Single-family residential, for 29.6 acres located east and west of Gun Club Road north of 120th Street, in the SE'/4 of Section 36 All voted in favor. Motion carried 5-0. Member Gladhill moved, Member Leeder seconded a motion to recommend approval of a preliminary subdivision to create 51 lots and one outlot upon 29.62 acres located east and west of Gun Club Road, North of 120th Street in the SE '/4 of Section 36, subject to the following conditions: 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 2, 1993: A. FinancialObli~ations 1. This development shall =-` accept its additional" financial obligations as defined' in tt~e staffs. reportv~ accordance with the final plat dimensions.. and the rates in effect at the time of final plat approval. B. Easements and Rights-of--Way t~ ... 1. This deti elopment shall dedicate 10' drainage and utility easements centel-ed over ill common lot lines and adjacent to private propertm~ ar public right-of--way. 2. This development shall dedicate, provide, or financially guarantee the 'acquisition costs of additional drainage, ponding,"and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of--way as necessary to service this .development or accommodate it. 3. This development shall dedicate all public right-of--way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. ao~ City of Eagan Advisory Planning Commission Meeting Minutes December 19, 2003 Page 8 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications 1. All public streets and utilities necessary to provide service to this development shall be designed by`, a registered professional engineer in accordance with'=.° City:. codes and engineering standards, guidelines and policies. 2. A detailed grading, drainage, erosion; ;uid sediment control plan must be prepared in accordance with current 'City standards prior to final plat ap"pro~~al. 3. This development shall insure that all ten~parary dead end public streets shall have a cul-de-sac a~nstructed in accordance with City engineering standards'. , D. Public Improvements 1. If any public improvements are to be installed under a City contract, the appropriate project must be approved at a formal ..public hearing,by Council action prior to final plat approval. E. Permits l . This development shall be responsible for the acquisition of all reg~~lator, agency permits in the time frame required by the affected a~,ency. 2. The property shall he platted. 3. All existing ,.~~eil and septic systems on the site shall be abandoned in accordance with Dakota Count}' and City standards as part of this development. 4. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. 5. A public improvement project providing for an outlet pipe between LP-23 and LP-22 (Marsh Lake in Lebanon Hills Regional Park) shall be approved by the City Council before final subdivision approval for this development. ~~ City of Eagan Advisory Planning Commission Meeting Minutes December 19, 2003 Page 9 6. The developer shall be responsible for the connection to existing water main at the intersection of Pine Lane and 120th Street, as shown on the preliminary utility plan. 7. The proposed sanitary sewer lift station shall be constructed to City Engineering and Public Works department standards for a permanent lift station. 8. The developer shall be responsible for obtaining the street right-of--way (and temporary easement) along the entire length of Parcel O1.'-81 necessary to upgrade Biscayne Avenue to City street standards. The easement shall be in a form acceptable to the City Attorney. 9. This development shall dedicate a minimum of 40 feet of right-of-~~-a}~ along the south edge of the plat for possible future upgrade of 120th Street. 10. The developer shall be responsible for removing; the street section and restoring the area of the existing Spruce Street temporary cut-de=sac. 11. The development shall meet the City's water quality requirements primarily by creating a minimum stormwater treatment capacity of 1.8' acre-feet covering a minimum area of 0.6 acres. Storm~~~ater treatment ponds should be constructed according to NURP standards with a masnnum depth of 6 feet, a 10:1 aquatic bench from the normal water level, and ~i outlet structures according to City design standards. 12. A formal wetland replacement and monitoring;plan application must be submitted to the City for separate action by the City Council. 13. A minimum 30-foot wide buffer of natural, undisturbed vegetation outside the boundary of the ~~ etland '-should be maintained before, during, and after construction. 14. The applicant shall fulfill required tree preservation mitigation through the installation of seven-hundred forty-eight (748) category B trees, of which five- hundred fuur (~04) category B trees are to be installed on site, and through the installation of t~~-o-hundred forty-four (244) category B trees (or an equivalent combination o~ category Aand/or category C trees) to be installed off-site. Staff will work with the applicant to determine exact location of off-site trees including trees at city park properties. 15. The applicant shall continue to work with city staff to identify additional opportunities for preservation during development. ao~ City of Eagan Advisory Planning Commission Meeting Minutes December 19, 2003 Page 10 16. 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. 17. 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 enswe compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 18. The development shall be responsible for a cash park dedication. 19. The developer shall construct an 8' wide bituminous trail to City siA~ldards within the 15' "drainage and utility easement" located between lots 7 and ~, extending from the curb to the north property line: Said trail shall be installed prior the construction of homes on lots 7 and 8. The construction value of the trail s1ia11 be credited to the trail dedication for the development.'Any balance due shall be a cash dedication. The trail easement shall be in a -form approved by the City Attorney. 20. The developer shall be responsible for upgrading the t~ortion of Gun Club Road adjacent to Lots 1 and 2, Block 2 to an urban'section street, in accordance with City engineering standards. 21. This development shall dedicate adequate drainage & utility easement over the proposed sanitary szwer lift station on Lot 1, Block 2. All voted ~n fay or. Motor carried'S'=0. ao~ Agenda Information Memo January 20, 2004, Eagan City Council Meeting C. PRELIMINARY SUBDIVISION (WOODLAND PLACE ADDITION) -RICH RAGATZ ACTIONS TO BE CONSIDERED: To approve (OR direct findings for denial) a Preliminary Subdivision (Woodland Place Addition) of 6.3 acres to create 14 single family lots at 630 and 660 Cliff Road; subject to the conditions in the December 18, 2003 Advisory Planning Commission minutes. To approve the vacation of a portion of public right-of--way known as Dodd Road adjacent to Cliff Road, retaining all existing public drainage and utility easement rights, and authorize the Mayor and City Clerk to execute all related documents; OR To Deny the request for the vacation of public right-of--way known as Dodd Road adjacent to 660 Cliff Road. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • The property is zoned R-1, Single Family Residential and Guided LD, Low Density Residential. • The subdivision consists of three unplatted parcels, Weierke Trench and Excavating and a single family home exist onsite. • The subject site is located within a Shoreland Overlay district and is subject to those standards. • The proposed lots range from 12,144 to 23,409 square feet; minimum lot size in an R-1 zone is 12,000 square feet. • The preliminary plat indicated right-of--way vacation along Dodd Road as part of proposed Lot 1. If the vacation is not executed Lot 1 will not meet the 85 foot width at the setback line requirement, but it would meet the lot size requirement. • The portion of Dodd Road adjacent to the property was re-aligned in 2002 as part of the Dodd Road Street and Utility improvements to better align with Cliff Road. The re-alignment shifted the roadway to the west, creating potentially excess right-of--way in the area. • The right-of--way covered the previous alignment of Dodd Road. It currently contains the existing public water main. SOS • All notices were published in the legal newspaper and sent to all potentially affected private utility owners informing them of the originally scheduled public hearing on November 6, 2003. No objections have been received to date. • At minimum, public drainage and utility easement rights need to be retained for the existing water main within the current public right of way. • The Advisory Planning Commission held a public hearing on December 18, 2004 and recommended approval. ISSUES City Engineering Division staff have reviewed the requested vacation with Dakota County Transportation Department staff. Both parties concur that the proposed vacation may limit the opportunity for future intersection improvements, including a new traffic signal and right turn lane, at the time of upgrade of Cliff Road. Approval of the requested vacation would likely require the vacated portion ofright-of--way to be re-acquired in the future at a significant public cost. 120 Day Agency Action Deadline: • March 19, 2004 ATTACHMENTS (Z): Advisory Planning Commission minutes page ~hrough~[~ Planning Staff Report pages/~ through a~ City of Eagan Advisory Planning Commission Meeting Minutes December 19, 2003 Page 11 D. PRELIMINARY SUBDIVISION -EPIC DEVELOPMENT, LLC Planner Cartney introduced this item and highlighted the information presented in the City Staff Report dated December 11, 2003. She noted the background and history of the subject property for the action to betaken by the Planning Commission. The applicant was present and indicated they were available to respond to any questions. Chair Heyl opened public hearing. There being no comment,. Chair Heyl closed the public hearing and turned the discussion to the Commission. Chair Heyl commented that the revised application is in full compiialice with City Code and was an improvement to the prior submission. ' Member Bendt requested clarification concerning the resubmission and City Planner Ridley commented that the applicant rewithdrew the previous request and submitted a new application thereby requiring a new Public Hearing and Planning Commission action. Member Bendt moved, Member Hansen seconded a motion to recommend approval of a preliminary subdivision to create 14 single family lots on 6.3 acres located at 630 & 660 Cliff Road in the NW '/o of Section 36, subject to the following conditions: 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 2, 1993: A. FinancialObli~rations 1.' -This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat `dimensions and the rates in effect at the time of final plat approval: B. Easements and Rights-of--Way 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of--way. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside ~~ City of Eagan Advisory Planning Commission Meeting Minutes December 19, 2003 Page 12 of dedicated public right-of--way as necessary to service this development or accommodate it. 3. This development shall dedicate all public right-of--way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required: high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications 1. All public streets and utilities necessary to provide service to this development shall be desi~led by a registered professional engineer in accordance ti~~i th City codes and engineering standards; guidelines and policies. 2. A detailed grading, drainage, orosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This de~~elopment shall insure that all temporary dead end ` public. streets shall have a cul-de=sac constructed in acairdance «~it}i City. env~irnering standards. D. Public'Tmprovem~nts . 1. If any :public improvements aze to be installed under a City contract, the appropriate project must be approved at a formal public hearing by Council action prior to final plat approval. E. Permits.- 1. This development shall be responsible for the acquisition of all regulatory agency pemuts in the time frame required by the affected agency. Z. The property shall be platted. a~ City of Eagan Advisory Planning Commission Meeting Minutes December 19, 2003 Page 13 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 development shall be responsible for a cash parks dedication. 5. The development shall be responsible for a cash trails dedication. 6. The development shall include a twelve foot wide Trail Easement between lots seven and eight. Said easement maybe used by the City'to develop a trail should it be determined that a trail would be a beneficial means of access to the adjoining park property. The easement maybe vacated. at the discretion of the City. The Easement shall be in a fonx~ and text approved by the City Attorney; the plat should include the vacated Dodd (if approved by Council) to Lot 1; and if not appro~~ed, it should remain as dedicated right-of--way. -. 7. The developer shall construct an outlet skimmer stricture and pipe from the new pond across Holz Farm Park property to 1\fanor Lake, in accordance with City engineering standards. '' 8. The new pond to be constructed with the development shall be graded to provide proper depth and function of the outlet skimmer structure, also in accordance with Citti~ engineering standards. 9. The developer shall dedicate right-of-way; for Dodd Road along the southwest portion of the plat, as shc~~~~n on the preliminary plat. 10. The developer shall dedicate 60 feet of %right-of--way along Cliff Road (Dakota County Road ~?l, measured from the centerline of the existing roadway, as required by the Dakota County Plat Commission. 11. This del ~lopment shall dedicate drainage & utility easement over the proposed sanitary sewer line between Lots 7 & 8 of sufficient width and location (mi~~imum ?0' wide centered over the pipe) as determined necessary by City engineering standards. 12. 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. 13. The applicant contact the City Forestry Division and set up a pre- construction site inspection at ]east five days prior to the issuance of the ao9 City of Eagan Advisory Planning Commission Meeting Minutes December 19, 2003 Page 14 grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 14. A revised Tree Preservation Plan shall be submitted that shows the installation of tree protection fence installed (per city ordinance standards) at the dripline or at the perimeter of the critical root zone, whichever is greater, for all trees indicated to be preserved, including tree numbers 1, 3, 4, 7, and 68-73. 15. A minimum stormwater treatment wet-pond volume of '0:17 acre-feet covering a minimum area of 0.13 acres shall be required to treat runoff from 3.0 acres of this development. The pond should` have a maximum depth of six feet and a 10:1 aquatic bench beginnin~~atthe normalwater level. 16. A cash dedication in lieu of on-site water qualit}~ ponding shall be required' for the remaining 3.3 acres of this development. All voted in favor. Motion carried 5-0. ago PLANNING REPORT CITY OF EAGAN REPORT DATE: December 11, 2003 APPLICANT: Richard Ragatz PROPERTY OWNER: Roger & Stuart W eierke REQUEST: Preliminary Subdivision LOCATION: 630 & 660 Cliff Road COMPREHENSIVE PLAN: LD, Low Density ZONING: R-1, Single Family Residential CASE: 36-PS-19-09-03 HEARING DATE: December 18, 2003 APPLICATION DATE: Nov. 19, 2003 PREPARED BY: Sheila Cartney SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision to create 141ots on 6.3 acres located at 630 and 660 Cliff Road in the NW '/4 of Section 36. A similar application was before the Advisory Planning Commission on October 28, 2003 for the same property proposing 16 lots and variances to the lot width and street frontage requirements. The applicant requested revising the subdivision to satisfy City Code and revisit the Advisory Planning Commission. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. B C. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage a~~ Planning Report -Woodland Place December ] 8, 2003 Page 2 and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The proposed subdivision is for three unplatted tax parcels located along Cliff Road and Dodd Road, known as the Weierke property. The property's zoning changed from Agriculture to R-1 Single Family Residential with a City wide zoning map update; adopted on September 17, 2002. An application for Preliminary Subdivision and Variances were heard before the Advisory Planning Commission in October, the Commission recommended denial, based on the variances not meeting the hardship test. a,~- Planning Report -Woodland Place December 18, 2003 Paee 3 EXISTING CONDITIONS The property is currently being used for Weierke Trench and Excavating, and there is a single family home with two detached garages located on the eastern most parcel. There are many outbuildings throughout the site. The southern portion of the site is bordered with mature trees. The subject property is located within the Holtz Lake Shoreland Overlay district. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Desi nation North Residential R-2, Residential LD, Low Density Double Residential South Residential R-1, Single Family LD, Low Density Residential Residential East Residential R-1, Single Family LD, Low Density Residential Residential West Vacant with a A, Agriculture LD, Low Density tem orary eenhouse Residential EVALUATION OF REQUEST Preliminary Subdivision: Compatibility with Surrounding -The property is currently zoned R-1, Single Family Residential, this change was initiated with the City wide zoning map update; adopted on September 17, 2002, the property was previously zoned Agriculture. At that time single family residential development was deemed compatible with the surrounding area. Shoreland Overlay -The subject site is located within the Holtz Lake Shoreland overlay district and is subject to development standards for General Development Waters. The code requires that nonriparian lots be a minimum of 12,000 square feet; there are only nonriparian lots within this development. The minimum lot width (at building setback line) requirement in this Shoreland area is 75 feet, maximum structure height is 35 feet and the maximum impervious surface is 25 percent. R-1 bulk standards are a minimum12,000 square feet lot area, 85 feet lot width at building setback line, 35 feet maximum building height and 20 percent maximum building coverage, not impervious surface. When reviewed against each other, the more restrictive standards apply. ~L3 Planning Report- Woodland Place December 18, 2003 Pace 4 Density -The net density is 2.8 units/acre the gross density is 2.0 units/acre. The Comprehensive Guide Plan allows residential density of 0 to 4 units per acre for Low Density land use designation; the proposed density complies with the Land Use Designation. Lots -The proposed lots range from 12,144 to 23,409 square feet in area. The minimum lot size requirement in an R-1 zone is 12,000 square feet; all the lots comply with this requirement. The Code minimum lot width requirement is 85 feet at the building setback line and 50 feet of street frontage. As proposed all lots meet this requirement. Setbacks -The following minimum setbacks are required for all buildings in the proposed development: Front yard (Cliff Road) 50 feet Front yard 30 feet Side yard Dwelling 10 feet Garage 5 feet Rear yard Dwelling 15 feet Garage 5 feet Landscaping - A landscape plan is not required for single family residential. However, the submittal plans call for a to five foot berm along Cliff and Dodd Road with about 50 Evergreen trees planted on top, to help with noise reduction. No plantings are allowed in easements or public right-of--way. Grading- The preliminary grading plan is acceptable with modifications. The site generally slopes east to Manor Lake within Holz Farm Park adjacent to the property, with elevations ranging from 940 to 926. Storm Drainage- The preliminary storm drainage plan is acceptable with modifications. The storm water runoff from a majority of the development is proposed to drain east via public storm sewer to a new water quality and rate control pond on Lot 10 before discharging to Manor Lake Pond LP-28 (as designated in the City Storm Water Management Plan - 1990) within Holz Farm Park. The developer should construct an outlet skimmer structure and pipe from the new pond across Holz Farm Park property to Manor Lake, in accordance with City engineering standards. The new pond should be graded to provide proper depth and function of the outlet skimmer structure, also in accordance with City engineering standards. Wetlands/Water Quality -This proposed 6.3-acre single-family subdivision is located in the City's L-watershed and also is within the shoreland overlay district of Holz Lake, a Class II Indirect Contact Recreation waterbody, according to the Water Quality Management Plan. Portions of the site (3.3 acres total) are proposed to drain offsite either to the northeast, east, south, or west. The remainder of the site (3.0 acres) will drain into a proposed stormwater treatment pond in the southeast corner of the parcel. This pond will drain to Holz Lake. a~~ Planning Report -Woodland Place December 18, 2003 Page 5 The required volume and area of water quality treatment ponds are based on the impervious proportion of proposed developments. With an approximate impervious proportion of 20 percent, a minimum wet-pond volume of 0.17 acre-feet covering a minimum area of 0.13 acres would be needed to treat the stormwater generated by 3.0 acres of the development. The pond would have a maximum depth of six feet and a 10:1 aquatic bench beginning at the normal water level. A cash dedication in lieu of ponding would be required for untreated stormwater runoff from 3.3 acres of the development. There are no wetlands associated with this parcel. Utilities- The preliminary utility plan is acceptable. Water main of sufficient size, depth and capacity is available for connection within Dodd Road along the west edge of the development. Sanitary sewer of sufficient size and capacity is available for connection and extension within Cliff Road. All existing well and septic systems on the site should be abandoned in accordance with Dakota County and City standards as part of this development. Streets/ Access/ Circulation- Public street access for the development will intersect with Dodd Road. Dodd Road from Cliff Road to the Eagan/ Rosemount border was upgraded to an urban street with concrete curb & gutter and storm sewer in 2002. Easements/ Permits/ Right-of-Wad This development should dedicate right-of-way along Dodd Road, as shown on the preliminary plat. The developer has petitioned the City for the vacation of a portion of the right-of--way for Dodd Road. The portion of Dodd Road adjacent to the property was re-aligned as part of the Dodd Road Street & Utility Improvements (City Project No. 751 R) to better align with Cliff Road. The re-alignment shifted the roadway to the west, creating potentially excess right-of--way in the northwest area of the preliminary plat. If approved by the City Council, the vacated right-of--way will be incorporated into the final plat for the subdivision. The developer should dedicate 60 feet of/z right-of-way along Cliff Road (Dakota County Road 32), measured from the centerline of the existing roadway, as required by the Dakota County Plat Commission. This development should dedicate drainage & utility easement over the proposed sanitary sewer line between Lots 7 & 8 of sufficient width and location(minimum 20' wide centered over the pipe) as determined necessary by engineering standards. Tree Preservation - A tree inventory submitted with this application indicates that there are forty- four (44) significant trees in the inventory. Individual tree species include pine/spruce, maple, elm, apple, birch, oak, and cedar trees. The development as proposed will result in the removal often (10) significant trees (22.7 % of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal ass Planning Report -Woodland Place December 18, 2003 Paee 6 for this type of development proposal (single-phase, single-lot, residential) is set at 40.0% of the total significant trees. With a proposed removal less than the allowable amount, there is no required tree mitigation for this proposal. Off-site trees Several trees on the submitted tree inventory have been removed from the site inventory because they are located on the southerly 36.88 feet of the property (this area is not within the parcel included in this application). Trees removed from the inventory are numbers 22, 29, 35-40, 42- 44, and 46-49. Preserved trees requiring tree protection fencing Several trees shown on the submitted tree preservation plan as being preserved appear to be located in areas that will receive some amount of grading or site alteration. These trees need to be protected through the installation of tree protection fence installed (per city ordinance standards) at the dripline or at the perimeter of the critical root zone, whichever is greater. Trees requiring this "interior site" tree protection fencing are numbers 1, 3, 4, 7, and 68-73. Parks and Trails - Trails The proposed Woodland Place development is located adjacent to the former Richard Holz house which was acquired by the City in the mid 1990's for the purpose of incorporating it into the historic Holz farm site. The house on the Richard Holz site is currently rented out by the City on an annual basis. The recently completed Holz Farm Master Plan suggests the development of a nonvehicular trail access extending from the Holz property to Dodd Road. The trail would potentially provide access to the farm from the existing wide City trail system, and a connection to the Lebanon Hills County Park system. The master plan also suggests the development of a possible vehicular access to the park from Dodd Road and the inclusion of the connector trail within the same corridor. Neighbors to Holz Farm were involved in the master planning process and provided much of the input that was used to prepare the concepts depicted in the plan. At the request of staff the Developer is proposing the inclusion of a twelve foot wide "Trail Easement" between lots seven and eight. Staff is suggesting that this be considered as a "temporary" or conditional easement upon which a trail would be developed only if a combination vehicular/pedestrian access is not developed at the more desirable location to the south of the this development, as depicted in the master plan. The more southerly corridor is preferred due to the potential for multiple uses, alignment with existing and future roadways and trails, and the more suitable grades. The development of a vehicular access to the park through Woodland Place would be difficult due to grades and the narrowness of the adjoining park area. At such time as the more southerly access is completed, this easement would be vacated. No time line has been established. Parks Most of development is adjacent to anon-programmed, disturbed portion of the park, beyond the gated control points. The slopes of the long back yards will limit development on the adjoining ~~6 Planning Report- Woodland Place December 18, 2003 Page 7 lots. The primary function of that portion of the park will be the possible accommodation of the entrance drive and field parking. There is a limited amount of significant natural vegetation along the property line. In such instance a cash park dedication would be appropriate. SUMMARY/CONCLUSION The applicant is requesting approval of a Preliminary Subdivision to create 141ots on 6.3 acres located at 360 and 660 Cliff Road. The proposed lots range from 12,144 to 23,409 square feet in area. The lots are proposed to meet R-1 setbacks. The applicant proposes to plant an evergreen buffer on top of a five foot berm to be added along Dodd Road and Cliff Road to reduce noise. The applicant is also proposing to offer side loaded attached garage, the garage would give the feel as being part of the house so the garage would not dominate the lot. The development will be accessed via a cul-de-sac street from Dodd Road. A twelve foot trail easement is proposed between lots 7 and 8, which would be a temporary trail. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision to create 14 single family lots on 6.3 acres located at 630 & 660 Cliff Road in the NW '/< of Section 36. If approved, the following conditions shall apply. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: lA, B1, 2, 3, 4, C1, 2, 3, D1, and E1 1. The property shall be platted. 2. 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. 3. The development shall be responsible for a cash parks dedication. 4. The development shall be responsible for a cash trails dedication. 5. The development shall include a twelve foot wide Trail Easement between lots seven and eight. Said easement may be used by the City to develop a trail should it be determined that a trail would be a beneficial means of access to the adjoining park property. The easement maybe vacated at the discretion of the City. The Easement shall be in a form and text approved by the City Attorney; the plat should include the vacated Dodd (if approved by Council) to Lot l; and if not approved, it should remain as dedicated right- of-way. 6. The developer shall construct an outlet skimmer structure and pipe from the new pond across Holz Farm Park property to Manor Lake, in accordance with City engineering standards. ~/~ Planning Report -Woodland Place December 18, 2003 7. The new pond to be constructed with the development shall be graded to provide proper depth and function of the outlet skimmer structure, also in accordance with City engineering standards. 8. The developer shall dedicateright-of--way for Dodd Road along the southwest portion of the plat, as shown on the preliminary plat. 9. The developer shall dedicate 60 feet of %2 right-of--way along Cliff Road (Dakota County Road 32), measured from the centerline of the existing roadway, as required by the Dakota County Plat Commission. 10. This development shall dedicate drainage & utility easement over the proposed sanitary sewer line between Lots 7 & 8 of sufficient width and location (minimum 20' wide centered over the pipe) as determined necessary by City engineering standards. 11. 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. 12. The applicant contact the City Forestry Division and set up apre-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 revised Tree Preservation Plan shall be submitted that shows the installation of tree protection fence installed (per city ordinance standards) at the dripline or at the perimeter of the critical root zone, whichever is greater, for all trees indicated to be preserved, including tree numbers 1, 3, 4, 7, and 68-73. 14. A minimum stormwater treatment wet-pond volume of 0.17 acre-feet covering a minimum area of 0.13 acres shall be required to treat runoff from 3.0 acres of this development. The pond should have a maximum depth of six feet and a 10:1 aquatic bench beginning at the normal water level. 15. A cash dedication in lieu of on-site water quality ponding shall be required for the remaining 3.3 acres of this development. a~~ STANDARD CONDITIONS OF PLAT APPROVAL A. FinancialObliaations This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot fines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of--way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets- shall have a cul-de-sac constructed in accordance with City engineering standards. a~~ 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits This development shall be responsible for the acquisition of a!1 regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission Approved: August 25, 1987 City Council September 15, 1987 Revised: July 10, 1990 Revised: FebrvarY 2, 1993 LTS#5 ~ ~ ` STANDARD.CON Jv~ FINANCIAL OBLIGATION-Woodland Place Preliminary Subdivision There aze pay-offbalances of special assessments totaling $10,803 on the parcels proposed for subdivision. The pay-off balance will be allocated to the lots created by the subdivision. At this time, there is a deferred assessment in the amount of $24,000 on one of the pazcels proposed for subdivision. The conditions of deferral call for that assessment to be activated when the property is developed. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. 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 subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT Water Lateral S.F. $6,969 Total $6,969 2003 rates are used to compute this financial obligation. The actual obligation will depend on the year in which the final subdivision is approved. a~~ REVISED PRELIl~IINARY SUBDIVISION SUBMITTAL Revised Preliminary Subdivision Plan: Proposed subdivision name is Woodland Place, for details. Owner: Roger & Stuart Weierke 660 CliffRoad Eagan, MN 55122 (651)454-3626 Developer: Rich Ragatz Epic Development, LLC 3441 St. Paul Avenue Minneapolis, MN 5541b (612)730-2814 Surveyor/ Engineer: Perry Ryan Ryan Engineering 434 Lake Street Excelsior, MN 55331 (952)380-5001 Contact Person: Rich Ragatz Epic Development, LLC 3441 St. Paul Avenue Minneapolis, MN 55416 (612) 730-2814 Preparation Date: November 19, 2003 vicinity map see attached map This is a revised preliminary subdivision application for Woodland Place. The revised layout is comprised of 14 single-family residential lots with no variances requested. All of the lots meet the frontage width minimum of 85 feet and the minimum lot size of 12,000 square feet. Even though it is not required, I still plan on berming along Cliff and Dodd Road's and planting over 50 trees. I also hope to save as many trees as possible, either by transplanting or preserving. ~ . The only thing that has changed from the previous submittal is the number of lots (down to 14 single-family lots) which results in conforming lot sizes and frontage widths. The rest of the submittal should be straightforward with the revised plans and specifications providing the details. Please let me know if you have questions or need additional information. C:weierkerevisedprelimsubeagan Esgan Boundary Location Map ~~, . ~ street center,ine Parcel Area Building Footprint ~ ~ ~ ~4 ~- 1 Rk ~ .. ~ ,y y „~ D Y VSO a,~ ~ ) U' `' w ~~ .,` ^ i = 5 c . ~ ~ ~ ~ ,a a ~ ,~ ~ ~~ •~ ~ .~ ~ s = 3: ter" ;, rv a ~ ~ ~ 3p ~ ~ ® ~ : • ~ ~~ ~,4~! . ~ ,Y . ~° uYr J y_ ` ~ ~ t ~ ~ ~ 9 ~ A 9 a ~ ~ D©S ~~~~ ~ ~ ~' Sub ect Site s f ~ ~ ~ ~ ~ ~7 Ate ~ ~=~ ~ ' ` ~~ ~ ~ /j ~.. c~ ..., ,, <, .,,,, ~ r t~ ~ 3 ~ ri+ a 4t s as a ~ a' ~4 ~ ~ iV~~ s ~ ~m a ~ ~ "`,~/; '~~a~d~,~e ~'~ r t 3 a ,,.: :/ a • ~J ~ ~~ +~ '~ $ ~ 1 ' 4 ~ ~d ~ ~~~ ~ ~ ~ ~ ~ t ~ ~e~ .~ \ ~ lr ~ ~ ~ ~ ~ ~~/ • ~ ~ ~ r A ~ l ~ ~'\ \ a~. \ . J '~ ~ ,..., ~ i ' ~ ., m ~ gym' ~ . ~ ® ~ r• g ~i ~ ~ t .. ~ ® p b rm ~ . 1000 0 1000 2000 Feet Development/Developer: Woodland Place Application: Epic Development LLC Case No.: Preliminary Subdivisio Map prepared using ERSI ArcVww ].1. Parcel Dase map data provided by Dakota County Once of Gt3 and is current as of June 2007. N Clt OF C'CI nrt ~ / ! 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I I t -J - - - -- -J~- - - - J ~ ~~/ ~' Agenda Information Memo January 20, 2004 Eagan City Council BOARD OF ADJUSTMENTS AND APPEALS A. BOARD OF ADJUSTMENTS AND APPEALS -TODD WAGNER ACTION TO BE CONSIDERED: To consider an Appeal to the City Council's denial of Variances requested for property located at 1745 Sartell Avenue in the NE '/4 of Section 20. FACTS: - At their regular meeting of December 1, 2003, the City Council adopted Finding of Fact for Denial of the variance request for Todd Wagner. - Law Clerk Anthony DeGuerre, representing Mr. Wagner, has requested consideration of the matter by the Board of Adjustments and Appeals. Mr. DeGuerre has submitted a letter for the Board's consideration. ATTACHMENTS (6): Board of Adjustments and Appeals Findings on pages ~~ through oG December 30, 2003 letter from Mr. DeGuerre on pages~throu h Findings of Fact adopted by Council on December 1, 200~~a~es through ~~ November 28, 20031etter from Mr. DeGuerre on pages ~?'~ `hrough ~~. City Council minutes from November 6 and November 18, 2003 on pages and ~g Staff report on pages through ~~. a3~ BOARD OF ADJUSTMENTS AND APPEALS CITY OF EAGAN, MINNESOTA IN THE MATTER OF THE DENIAL OF VARIANCES FOR 1745 SARTELL AVENUE, EAGAN, MINNESOTA. This matter came before the Eagan Board of Adjustments and Appeals (the "Board") on January 20, 2004 to consider an appeal by Todd Wagner (the "Applicant") of a Decision made by the Eagan City Council. Anthony De'Guerre appeared on behalf of the Applicant. The Board received and considered the Eagan City Council's Findings of Fact, Conclusions and Resolution of Denial, dated December 1, 2003; the minutes of the November 18 and November 6, 2003 Eagan City Council Meetings; the City of Eagan's Planning Report dated October 29, 2003; evidence from neighboring residents, together with all existing files, records and prior proceedings and material as presented to the Council, and letters submitted by Mr. De'Guerre on behalf of the Applicant. FINDINGS 1. At its regularly scheduled meetings of November 6, 2003 and November 18, 2003, the Eagan City Council considered the Applicant's request for (i) a variance to allow an accessory structure to exceed the size of a principal home and (ii) a variance to allow the proposed garage walls of the accessory structure to exceed ten (10) feet in height. The Applicant seeks to construct an additional garage of 810 square feet to be located on Lot 4, Block 9, Cedar Grove Number 8, commonly described as 1745 Sartell Avenue (the "Property"). 2. At its meeting of December 1, 2003, the Eagan City Council denied the Applicant's request and adopted the Findings of Fact, Conclusions and Resolutions for Denial. 3. The Council based its conclusion on findings that the granting of the Applicant's requests would create a condition that is not in keeping with the spirit and intent of the R-1, a.~ Single-family residential zoning district. The Council concluded that the proposed accessory structure, together with the existing garage, would constitute the primary use of the Property, thereby rendering the single-family home a subordinate use on the Property, with the primary use being garage storage. Furthermore, the Council found that the proposed variance(s) would be without justification, other than convenience to the property owner and would have a direct and detrimental impact to the adjoining properties. 4. The Applicant, through its counsel, argued that the City reviewed, approved and issued a building permit for the structure which necessitates the variances and that a significant amount of time, effort and cost has gone into constructing the proposed garage. 5. Minn. Stat. §462.357, subd. 6, authorizes the Board to grant variances from the literal provisions of an ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the ordinance. "Undue hardship" as used in connection with the granting of a variance, means that the property in question cannot be put to a reasonable use if used under conditions allowed by the ordinance, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of a locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. 6. The Applicant has failed to establish that the strict enforcement of the R-1 zoning ordinance would cause undue hardship. 7. The Property can be put to use without any variances and the Applicant's economic condition does not constitute an undue hardship. ~3~ 8. The variance request stems from the Applicant's desire for a particular accessory structure and not from the characteristics of the Property. 9. Granting the variance(s) would allow for the construction of a garage that changes the characteristics of the existing R-1 neighborhood. RESOLUTION The Eagan Board of Adjustments and Appeals does hereby resolve to affirm the Eagan City Council's denial of the Applicant's request for variances. Motion made by Seconded by Voted for Voted against Dated at Eagan, Minnesota this day of , 2004. CITY OF EAGAN By: Patrick Geagan Its: Mayor By: Maria Petersen Its: Clerk (City of Eagan/Variances/Todd Wagner Findings (Appeal) # 1) aas 12/30/03 15:20 FAg 651 223 5055 DUDLEY & SMITH JOSEPH J. OUDLEY, JR. DAVID w. LARSON•' STEVEN C. OPHEIM' KATHERINE A. BROWN HOLMEN JEFFREY H_ OLSON .JOHN C. LILLIE III MARK K. THOMPSON JUSTIN D. JOHNSON 'ALSO ADMITTED IN WISCONSIN •'CERTIFIEO REAL ESTATE SPECIALIST DUDLEY elv]p SMITH A PROFESSIONAL ASSOCIATfON nTTORNEYS AND COUNSELORS AT LAW SUITE 2602 U.S. SANK CENTER 101 EAST FIFTH STREET ST. PAUL. MINNESOTA 55101-1896 TELEPHONE 65h $91 -17t7 FAX 65 I- 223 - 5055 ~.MAIL_ info@dudfeyandsmith.com WEB SITE: www.duCflBya~dsmith.COm December 30, 2003 The Board of Adjustments and Appeals 3830 Pilot Knob Road Eagan, MN 55122 l~ 002/004 ADDITIONAL OFFICES LOCATED IN APPLE VALLEY LAKE ELMO MAPEEWOOD SHOREVIEW wOOCBURY 357 LAKE ELMO AVENUE LAKE ELMO, MN 55042 165 11 7 73-1984 Re: Todd Wagner Property Appeal for Denial of Variance for 1745 Bartell Ave, Eagan, MN 55122 bur 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 Bartell 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 far, 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 tv accommodate the new garage. Before concrete was to be poured, Jeff Wheeler of the City of Eagan came out to approve the footings to be laid for the garage. After an inspection of the prvperiy 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 uztder 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. 4n 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, #b1359 issued September 22, 2003, was revoked_ Mr. Wagner believes that the Eagan City Council's December 1, 2003 Findi~ogs 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 c~ aas 12/30/03 15:20 F.+1% 651 223 5055 DUDLEY & SMITH f~003/004 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/livelpage_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 Cit~ofEden Prarie v Liepke. 403 N.W.2d 252, 256 (Minn.App.198'~ the Court found that a City could be estopped from enforcing its inning ordinances as a matter of law if the party claiming equitable estoppel can show wrongful conduct on the part of the government, that the expenditures made by the party claiming estoppel are unique to the proposed project and would otherwise be unusable, and that the equities favor the party claiming equitable estoppel. In Li pke. 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 530,000 in the garage, the City "red tagged" the project, thereby halting further construction. 1'd. 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 aze very similar to the situation lV1r. Wagner now finds himself. Like Liepke, Ivir. Wagner had the Gity's permission to build a garage, Mr. Wagner invested lazge sums of money in building the garage, Mr. Wagner has subsequently had a lien for approximately 520,000 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 lvlr. 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 leis property ` + C-T) 3 ~ ~2/30/Oa 15:21 FA% 651 22a 5055 DUDLEY & SffiITH ~ 004/004 Letter to the~agan Board of Adjustments and Appeals 12!30/2003 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, D`UD~LEY ANDS H P.A. C~(.~ Anthony M. DeGuerre Law Clerk to David W. Larson CC Tam Hcdgcs Jon Hohenstein a..38' BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Todd Wagner FINDINGS OF FACT, for Variances at 1745 Sartell Avenue CONCLUSIONS AND RESOLUTION This matter came before the Eagan City Council at its meetings of November 6, 2003 and November 18, 2003. The Council received and considered the October 29, 2003, Planning Report; evidence from the neighboring residents, together with all existing files, records and prior proceedings and material as presented to the Council. Todd Wagner appeared at the meetings of the City Council. Based upon all the files, records and input which was presented at the meeting, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. Todd Wagner (the "Applicant") is the owner of Lot 4, Block 9, Cedar Grove No. 8 (the "Property") located at 1745 Sartell Avenue, in the City of Eagan. 2. The Property is improved with a 1,002 square foot single family home and a 440 square foot attached garage. The Applicant also has a 144 square foot shed located on the Property. 3. The Applicant proposed to construct an additional garage of 810 squaze feet. The garage is proposed to consist of walls of 13 feet in height (the "Project"). 4. The Property is located in an R-1, Single Family Residential zoning district. 5. Under the Eagan City Code, private garages and parking spaces are permitted accessory uses within the R-1 zoning district. ~3q 6. Under Section 11.30 of the Eagan City Code, accessory use means a subordinate use that is located upon the same lot on which the primary use is situated and which is reasonably necessary and incidental to the conduct of the primary or main use. 7. Under Section 11.30 of the Eagan City Code, a private garage means an accessory building or an accessory portion of the principal building which is primarily intended for and used to store the private passenger vehicles and trucks of the family resident upon the premises and in which no business, service or industry is carried on. 8. Section 11.40, Subd. 5, sets forth the standards for accessory building structures and uses. Under Subd. 5(C)(5), no accessory building or structure shall have sidewalk that exceed 10 feet in height. 9. The Applicant has requested a variance of 3 feet to allow the proposed garage walls to exceed 10 feet in height. 10. The primary single family home consists of 1,002 square feet and the Applicant has applied for a variance to allow the proposed accessory structure to exceed the size of the home by 240 square feet (810 addition plus 440 existing garage =1,250 square feet). 11. Due to a misinterpretation of the City Code, the building permit was issued for the Project; however, during the course of an inspection, the need for the variances was discovered and the Project became the subject of a stop order. 12. The Applicant has stated that his hardship is that the original plans were approved by the building department and a lot of work has gone into the Project, including alteration to the Property and that contracts have been signed with contractors. CONCLUSIONS 1. The matter is properly brought before the Eagan City Council. awd 2. Section 11.50, Subd.3 of the City Code requires the City Council to consider six factors in determining whether to grant a variance: A. Extraordinary circumstances applying to the Property which do not apply to other properties in the same zone and result from lot size or other circumstances of which the owner of the property has no control. B. The literal interpretation of the Code would deprive the Applicant a use commonly enjoyed by other properties in the same district. C. Special conditions or circumstances do not result from actions of the Applicant. D. Granting the variance will not confer special privilege as denied by this ordinance to owners of other lands in the same district. E. The variance is the minimum variance which would alleviate the hardship. F. The variance would not be materially detrimental to the purposes of this code or to property in the same zone. 3. The approval of the Project would create the appearance of a commercial structure in the R-1 zoning district that would be intrusive to the single-family neighborhood. 4. The approval of the Project would have a direct and detrimental impact to the adjoining property owners. 5. The approval of the Project would create a situation where the use for garages would become the predominant use of the Property and would render the home an accessory use to the garages. 6. The approval of the Project would be with no justification other than convenience of the user and would create a special privilege not enjoyed by the Applicant's neighbors. 7. Legal counsel for the City has advised the Council that where a permit has been issued under a mistake of fact and contrary to the zoning ordinances, it may be revoked; and that the law imposes a duty upon the Applicant to determine whether the proposed activity he undertakes is lawful. a~yi a~ 8. The Property could accommodate atypical three-stall garage without any vanances. 9. The Property retains a viable use in its existing condition without the need for any variances. RESOLUTION Upon Motion duly made and seconded, the City Council of the City of Eagan does hereby resolve that the Applicant's request for a Variance to allow accessory structures to exceed the size of the home is hereby denied. Upon Motion duly made and seconded, the City Council of the City of Eagan does hereby resolve that the Applicant's request for a Variance to allow the proposed garage walls to exceed 10 feet in height is hereby denied. Dated at Eagan, Minnesota this day of , 2003. CITY OF EAGAN By: Pat Geagan Its: Mayor By: Maria Petersen Its: City Clerk a4a- . ; ~ ~~~ ,~.~~~ ~: ~,-~ JOSEPH J. bUOLEI', JR. DAVID W. LARSON'• STEVEN C. OPHEIM' LISA M. AMUNOSON BURKE KATMERINEA. BROWN HOLMEN JEFFREY H_ OLSON JOHN C. LIWE 111 MARK K. THOMPSCN JU57tN O. JOHNSON 'AL.SOADMITrED iN WISCONSIN "CeRTIF1ED REAL ESTATE SPECUILIST DUDLEY axn SMITH A PROFeSS10NAL A$$OC~ATIOIY ATTORNEYS tiND COUNSELORS AT LAW SUITE 2602 U.S. HANK CENTER 101 EP.ST FIFTH STREET ST. PAUL. MINNESOTA 55101-1896 TELEPHONE 651-291-1717 PAX 6S 1- 223- 5055 E•MAII.: inL:O®dUCileyandsmith.COm WEB SITE: www.dudleyendsm8i,.com ADDITIONAL OFFICES LAGTED iN APPLE VAlt,EY LAKE ELMO MAPI.EWOOD SHORE~/IEw WOOD9URY 3537 Ll.KE ELMO AVENUE LAKE ELMO. MN 55042 (6511 773-1994 November 28, 2003 ~, ~~ ''~ ~ ''' ~ ~ c Mayor and City Council of Eagan `830 Pilot Knob Road Eagan, MN 55122 - Re: Todd Wagner Property Variance for 1745 Bartell ,A,ve, Eagan, MN 55122 Our File No. 5802.0002 To the Mayor and City Council of Eagan: As you are well awaze, Todd Wagner ("Mr_ Wagner' applied for a city permit to build a garage on his property located at 1745 Bartell Avenue in the City of Eagan. Initially, his pernut was granted, and Mr. Wagncr invested approximately $20,000 it 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 yazd dug up and fence taken down to accommodate the new garage. Before concrete was to be poured, Jeff Wheeler of the City of Eagan came out to approve the footings to be laid for the garage. After an inspection of the property by Jeff Wheeler, the footings were, in fact, put in. Subsequently, Jeff Wheeler came out _,r war:, ;- :second time grid approved the poured footings. After this appmval;~11~r. Wagner `- Bred the trusses for his garage, and proceeded with the building of iris garage_ Zt was during this tune, while construction of the garage was well under way, that the City issued a stop work order on the garage against Mr. 'Wagner's property, and determined that Mr. Wagner was in need of a variance. This last Monday, 11-24-2003, Mr. Wagner and myself rnet with a number of officials from the City of Eagan to discuss what options were available to Mr. Wagner which would allow him to complete his garage without the benefit of a variance by the City. Many ideas were discussed, including lowering the garage floor, adding square footage to Mr. Wagncr's living space, cutting down the length of the gazage, and purchasing new trusses to build the gazage in a way that would not require a variance to complete the building of the garage. After careful consideration by Mx. Wagner, it appears that the institution of the discussed measures to build the garage without a variance would be too costly and too impracticable to implement. This has Ieft Mr. Wagner to question what his interests are in resolving this matter. a~3 tar coi ~a aJ: •kY ris via ~c~ ouo~ UUlll.1;Y !fc a~1111t1 lQ]002/004 Lever to the Mayor and City Council of Eagan 11/2812003 Page 2 of 4 - ,, ~•.~ When 1VIr. Wagner first approached the City of Eagan, his derision to invest in ~' `~`~`~~ a garage was discretionary. T3owever, now that he has invested in the garage, and his yard is in a state of turmoil due to the earlier construction, Mr. Wagner would either Like to see his garage built as originally designed or else have his yard put back to the state it was before construction of the garage began. In adopting the denial of the variance on Mr. Wagner's property Monday night, you will be foreclosing the former option, and leaving Mr. Wagner only the latter. Therefore,lVlr. Wagner is asking the City Council to reconsider adopting of a finding of fact that the variance should be denied. As grounds for this reconsideration, Mr. Wagner would have the City Council Consider the following reasons for reconsideration, First, Mr. Wagner believes the City of Eagan should reconsider denying the variance because Mr. Wagner has strong grounds for appealing flue denial as a matter of law. In City ofL'den ~'rarie v. Liepke, 403 N.W.2d 252, 256 (Minn,App,1987) the Court found that a City could be estopped from enforcing its zoning ordinances as a matter of law if the party claiming equitable estoppel can show wrongful conduct on the part of the government, that the expenditures made by the party clamming estoppel are unique to the proposed project and would otherwise be ,;, .- , <`~- usable, and that the equities favor the party claiming equitable-estoppel. :}. "Ly _. Tn 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 gazage, 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. Liepkc'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 llimself. Like Lim Mr. Wagner had the City's permission to build a garage, Mr. Wagner invested large sums of money in building the garage, Mr. Wagner has subsequently had a lien for approximately $20,000 put on his home from the Lumber yard materials ordered, and the City visited the site ~= - ~--~ „numerous times doting the construction of the garage before issu.astop order. - `~ ~ ~ ~ -ven the similarities between the two cases, it appears that the- ~t~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 ezuforced against Mr. Wagner, so that Mr. Wagner could pursue building on leis property. ~w~ 11/28/03 13:.5 F.~ 651 223 5055 DL~LEY & SMITH fAj003/004 ~:; °~. ~ 'w` .. ,~s, .. Letter to the Mayor and City Council of Eagan 11/28/2003 Page 3 of 4 Next, Mr. Wagner believes the City of Eagan should reconsider denying the variance because the original permits issued were correct, grad that a variance hearing is unnecessary because the building of his garage does not conflict with the City of Eagan's Zoning Ordinance. Under the City of Eagan's Code, a "Garage {private)" is defined as ". , , an accessory building (detached or use (attached) designed primarily for the storage of personal motor vehicles". Eagaa City Code Sec. 11.03 (emphasis added}. Cinder the City of Eagan's Code, an "Accessory Building" is defined as "... a subordinate structure detached from the principle structure.,. This includes detached garages, storage sheds, gazebos and similar structures." Id. (emphasis added). ~.~., In the instant case, Mr_ Wagner contends that the garage he is proposing to ~(~ build is an attached garage (a use), not an accessory building, and therefore, the code ~~~~ sections dealing with accessory buildings do not apply to his new garage. The G~ definition of an accessory building is a building ... "which is detached from the -- _ ;..,,,~,.~----principle structure." The garage Mr. Wagner is in the process of constructing is "`~ ,clearly attached to the principle structure on his lot (his house), and#l~ifore not an accessory building in need of a zoning variance. Therefore, the City council should choose not to adopt the denial of the variance this evening on grounds that a variance hearing is moot, and instead, find that the original permit issued was correct and that Mr. Wagner could pursue building on his property, Finally, Mr. Wagner believes the City of Eagan should reconsider denying the variance because the variance procedure used to determine whether Mr. Wagner could build his garage denies him the due process he would receive from a conditional use hearing. As stated above, Mr. Wagner believes that the attached garage is not an accessory building, which would require a variance to build, but rather an attached use, which would not require a variance as it would be a use expressly authorized by a city ordinance. Under the City of Eagan's Code, a private garage is a permitted accessory use for Mr. Wagner's 1Z-1 district property. Eagan City Code Sec. 11.20, Subd. 5(C)(1). In Luger v City ofBurnsville. the Court compared and contrasted a variance hearing from a special use hearing. der v. Crty ofBurnsville, 295 ~~ ~ ° -~V.W.2d 609 612 (IVlinn. 1980). The Court noted that, "A varian allows a `i-operty to be used in a manner forbidden by the ordinance; a sp~~-use permit allows a use expressly authorized by the ordinance... Thus a heavy burden is imposed on an applicant for a variance to show that its grant is appropriate. Where a special pernut is sought, by contrast, the burden is on the (persons} opposed to the grant to establish facts compelling its denial. The mere "aesthetic concerns" of neighboring landowners will not rise to the level of serious health, safety, or public welfare considerations which justify denial of an application for a special-use permit." Id. (internal citations omitted). Criven the different bwdens of proof between a variance heaving and a special use hearing, it is clear that Mr. Wagner's due process rights are in jeopardy should the City Council choose to deny Mr. Waaner's variance. It appeared from ~~ 11/L8/US 1s:45 t:iX ts51 ZZ3 5055 DUDLEY & SMITH Leiter to the Mayor and City Council of Fagan 11/28/2003 Page 4 of 4 the previous City Council meeting that the grounds by which Mr. Wagner's variance were to be denied were based on aesthetic, and not health safety and welfare concerns. As such, a denial of Mr. Wagner's variance would also be a denial of Mr. Wagner's due process rights. Therefore, Mr. Wagner would ask the City Council to not adopt the denial of the variance this evening as a matter of law, and instead, find that the variance should either be granted or allow for a _.,~~ ~ropcr conditional use hearing, so that Mr. Wagner may receive prs~er due ~.~~. ` rocess. In conclusion, Mr_ Wagner appreciates your time in considering this serious matter. As a citizen of Eagan for almost twenty years, Mr. Wagner believes you will do what is right for both his property and the City in this matter. Thank you_ Sincerely, DUDLEY AND SNIITH, P.A. thony M. DeGuerre Law Clerk ro David A! Larson CC Y'om Hedges Jon Hohenstein r~ .~ :41 lI" 1~; ' . y, •9 ~•I ~~'! . .. . V f~ 004/004 Eagan City Council Meeting Minutes November 6, 2003 Page 4 Councilmember Fields moved, Councilmember Tilley seconded a motion to close the public hearing and approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 GARAGE VARIANCES AT 1745 SARTELL AVENUE -TODD WAGNER City Administrator Hedges introduced this item regarding a request for variances to allow an attached accessory structure to exceed the size of the house by 280 feet and a variance to allow the proposed garage walls to exceed 10 feet in height, on property located at 1745 Sartell Avenue. City Planner Ridley gave a staff report noting that the variance is necessary due to a misinterpretation of accessory structure requirements when a building permit was issued for the accessory building. Mayor Geagan opened the public hearing. Mr. and Mrs. Wagner discussed the plans for the accessory structure and the expenses already incurred. Three neighboring property owners expressed opposition to the proposed variance. There being no further public comment, Mayor Geagan closed the pubic hearing and turned discussion back to the Council. After discussion, Councilmembers agreed that due to the unfortunate misinterpretation of the requirements and the expenses incurred by the applicant, the item should be continued to allow time for staff and the applicant to bring the proposed accessory structure more into compliance. It was also suggested that the neighboring property owners be advised of any revisions to the proposed plans. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a Variance to allow a proposed attached accessory structure to exceed the size of the house by 280 square feet and a variance to allow the proposed garage walls to exceed 10 feet in height, located at 1745 Sartell Avenue to the November 18, 2003 City Council meeting: Aye: 5 Nay: 0 VARIANCE -DANA AND SHELLY MELROE City Administrator Hedges introduced this item regarding a request for a Variance from the 20 percent maximum building coverage standard in residential zoning districts at 957 Wildflower Court. City Planner Ridley gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a one percent Variance from the 20 percent maximum building coverage standard in Residential zoning districts for the construction of an addition to the home at 957 Wildflower Court, legally described as Lot 10, Block 1, Lexington Pointe 8`s Addition, in the NW '/< of Section 26, subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. 2. The addition shall not exceed the size shown on the proposed site plan (29 feet by l 7 feet). 3. The exterior materials of the proposed addition shall match the existing structure. PROJECT 886, LONE OAK ROAD TRUNK WATER MAIN IMPROVEMENTS City Administrator Hedges introduced this item regarding trunk water main improvements for Lone Oak Road. Assistant City Engineer John Gorder gave a staff report. asp? Eagan City Council Meeting Minutes November 18, 2003 Page 3 Jim Cooper, applicant, discussed the proposed signage. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a 10 foot Variance from the required 10 foot setback for the construction of a monument sign on property located at 1835 Diffley Road (Lots 6 and 7, Block 1, Blackhawk Plaza) in the SE'/< of Section 20. Aye: 5 Nay: 0 OLD BUSINESS GARAGE VARIANCES AT 1745 SARTELL AVENUE -TODD WAGNER City Administrator Hedges discussed this item regarding variances to allow the proposed attached accessory structure to exceed the size of the house by 280 square feet and to allow the proposed garage walls to exceed 10 feet in height, located at 1745 Sartell Avenue. This item was continued from the November 6th Council meeting to allow the applicant time to work with City staff . City Planner Ridley provided background information, along with a graphic of the proposed accessory structure. Community Director Hohenstein discussed suggested modifications to the proposed plan. Todd Wagner, applicant, recapped the events prior to this meeting regarding the building permit process which included the City of Eagan incorrectly issuing a building permit, the work already completed and the expenses incurred. He also discussed potential expenses that would be incurred should the variance be denied. Three neighboring property owners expressed their opposition to the variance. Councilmembers expressed their disappointment that downsizing of the proposed structure was not considered by the applicant. It was the consensus of the Council that the situation Mr. Wagner is in is unfortunate, but the issuance of the variance would be inappropriate. They suggested that Mr. Wagner contact staff for further assistance. Councilmember Maguire moved, Mayor Geagan seconded a motion to direct findings of fact to deny a variance to allow the proposed attached accessory structure to exceed the size of the house by 280 square feet, located at 1745 Sartell Avenue, to be considered at the December 1, 2003 City Council meeting. Aye: 5 Nay: 0 Councilmember Maguire moved, Councilmember Tilley seconded a motion to direct findings of fact for denial of a Variance to allow the proposed garage walls to exceed ] 0 feet in height, located at 1745 Sartell Avenue, to be considered at the December 1, 2003 City Council meeting. Aye: 5 Nay: 0 VARIANCE - DUANE OLSON City Administrator Hedges stated that this item should be continued to allow time for proper notification of surrounding property owners. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a variance from the required maximum height of 42 inches to construct a 6-foot fence in a front yard on property located at 1250 Cliff Road to the December 1, 2003 City Council meeting. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT - MWP INVESTORS, INC. City Administrator Hedges discussed this item regarding a Planned Development Amendment to allow a currency exchange facility at 1970 Rahncliff Road which was continued from the November 6`~ Council meeting . City Planner Ridley gave an update regarding information gathered by the Eagan Police Department indicating a restriction of window signage to no more than 50% of any window being to be the general rule of thumb. a ~s~ PLANNING REPORT CITY OF EAGAN REPORT DATE: October 29, 2003 APPLICANT: Todd Wagner PROPERTY OWNER: Same REQUEST: Variance LOCATION: 1745 Sartell Ave COMPREHENSIVE PLAN: LD, Low Density ZONING: R-1, Single Family Residential SUMMARY OF REQUEST CASE: 20-VA-19-10-03 HEARING DATE: November 6, 2003 APPLICATION DATE: October 16, 2003 PREPARED BY: Sheila Cartney The applicant is requesting approval of a Variance to allow an attached garage to exceed the size of the principal structure and for the side walls to exceed 10 feet, located at 1745 Sartell Avenue in the NE %4 of Section 20. 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. ay9 Planning Report -Wagner Variance November 6, 2003 Page 2 e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS According to the Accessory Buildings, Structures and Uses section of the Zoning Code no accessory building or structure shall have side walls that exceed 10 feet in height. The code defines accessory use as a subordinate use that is located upon the same lot on which the primary use is situated and which is reasonably necessary and incidental to the conduct of the primary or main use. BACKGROUND/HISTORY The subject property was platted as Lot 4, Block 9, Cedar Grove No 8 in 1969. Cedar Grove No 8 was developed with single family homes. A misinterpretation of the City's Accessory Structure requirements resulted in the building permit being issued. The need for the requested variances was discovered in the field and a stop work order was issued. EXISTING CONDITIONS There is an existing 1,002 square foot single family home with a 440 square foot attached garage and a 144 square foot shed located on the subject lot. The lot size is 12,040 square feet; the existing buildings occupy about 13 percent of the lot. APPLICANT'S ESTIMATE OF HARDSHIP The applicant designed the garage addition to accommodate a recreational vehicle (motor home) which is 36 feet long and eleven feet eight inches tall. The original plans were approved by the building department and the construction has started and is half way complete. A lot of work has gone into this addition including alterations to the property and contracts have been signed with contractors. EVALUATION OF REQUEST The proposed garage addition will exceed the area of the principal building by 248 square feet. According to the Code, principal building is defined as the primary building or structure upon the lot. Accessory is defined as a subordinate use that is located upon the same lot on which the primary use is situated and which is reasonably necessary and incidental to the conduct of the primary or main use. The garage is proposed to be a total of 810 square feet, there is an existing attached garage that is 440 square feet, combined the total square footage would be 1,250 square feet; the principal structure is 1,002 square feet. asd Planning Report -Wagner Variance November 6, 2003 Page 3 As well as exceeding the allowable size of an attached accessory structure the proposed garage will exceed the allowable height of 10 feet for side walls. The proposed garage addition will have side walls of 13 feet. The existing attached garage has side walls of 9 feet; therefore the addition will be taller than the existing gazage. The existing attached garage is on the east side of the house and the proposed garage addition is on the east side of the existing garage. Essentially looking west to east the structures will go from tall to short to tall creating an unusual site line. The proposed third stall is also deeper than the existing garage and the house, again causing an unusual site line. The configuration of the lot and the house layout does not prohibit this property from developing as a reasonable single family use. The house was built in the 1970's at that time it was typical for homes to have a one or two stall garage; today three stall garages are common. This lot could accommodate a typical three stall garage without any variances. In addition to the scale and appearance of the proposed garage, staff is concerned with any future use of the large structure. SUMMARY/CONCLUSION As requested, the variances to allow a garage addition exceed the size of the house and to the wall height standard of 10 feet by 3 feet. Combined, the existing garage and proposed garage addition exceed the principal structure footprint by 240 square feet. The variances requested will result in the primary use of the property (single family dwelling) being the subordinate or accessory one. Further, the scale and appearance of the proposed structure does not appear consistent with the surrounding residential properties. Finally, staff has concerns with the possibility of a future use of the considerable "accessor}~' space for an illegal home occupation. ACTION TO BE CONSIDERED To approve the Variance request to allow the proposed 18'x45' garage addition to exceed the size of the house, located at 1745 Sartell Avenue; subject to the following conditions: I . If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The exterior materials of the garage shall match the existing principal materials. To approve a Variance to exceed the allowable side wall height of 10 feet by 3 feet for a garage addition, located at 1745 Sartell Avenue; subject to the following conditions: 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 asi Planning Report -Wagner Variance November 6, 2003 Page 4 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The garage walls shall not exceed 13 feet in height. ~s~ Eagan boundary Location Map ~ street Centerline Parcel Area building Footprint i :l ~ ~ - - 'i L~ ~ q 3 t ~ ~~ tom ~ ~ rD• ®®• t7: 7 ~ ® ~ ~~ `~ "1 '.~ ~ ~~ ~~ i ~ ::7 y ~ . 0 ~® ~ ;~ ® ~ r J ` _3 ~ 'J t ~ ~ ~ . ~; ~ ~J -~ 9 ~';~ ~ ~ s ~ r ~ ~ _ :~~ 3 ~ ~:. ~,~ ~ ~~_a .~ ~ ~. , .. 4 ^ _ _. - V w 7 . n t ~ ~ - ~ ~ R , - ~ ~ •~ ~ d e ~ ..... . , ..u n.q y 3 i a ~. ~ . •~p~ ... l7 .3 1 • r °~° ~ _° ~ '+. W. n G.-, ~ ~„ a ...... ~~~, a ~ moo o ;~ ~ . ~~~ _ _ , ~ ^, - ~ . R ..... ,.. ,~ r ~ ~ ' I b ~`+ ~ ~ i ~ un.eeua ~ ~ ` ~ .ic r..~. u i. e^J ~. .. ' v ': ,. ~ .; J ,~ .., ~~ . ~ ~ ,:a ~ ~ 7 ` ~ ~ ~ ~ d ~ d~~ 1 _ ~ a ,.~..» t' `_ ~ '7 ~ ~ ~ ~' ~V'" ~`7 / ~~ .~~ Cq cyy w V' ~.1 i 8 /~ j ~ . ~~..`•,n' ~ y fi ' a, ] 8 ` ., ~ ~ Subject Site J ~ ;~ ~J ,y ~~ a ~! j i ~ o ~ n ..r/" Pvo.~ a f~.• i ~ -GS:A1r-M0-]~~ .IrLEY'. 1CDI- 1000 0 1000 2000 Feet Development/Developer: Todd Wagner Application: Variance ~ ~ ~ Case No.: 20-VA-19-10-03 ~'" r, ~_ '-: Map Prepared using ERSI ArcView 3.1. Partel base map data provided by Dakota County Oflice of GIS and is current as of June 200]. N city of eag~n THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are 5 Community o.vdopmant D.partn.nt not responsible for errors or omissions. I ct Certificate Survey F _r: TODD WAGNER MR . ~ . ~ S89°59'06"E 86.00 ~••---..... •° Fence corner is '. ~o ~o " " -- wood privacy fence '' ~ Fence corner is 0.76 /eef north 0.48 /eef south o/ and O.fJ lee( east - _ _ _ „ _ =~ .~ of property line of property 6ne I `'^°Droinoge and utility easement per plot of Cedar Grove No. 8 ------'---'--' >K Fence crosses -' ~ I S property line j .,...~.:.~-~t3uilding sefbock fines l I -o I Corage sefbock line----- -.-.t I I ~ p~ • ~ " O _._....I........._..._._ ...................................-...Wood privacy /ence-........_...._....._. _..._._..._. O ~ t O I 4 Ik j ~ 'I Concrete block garage --;,._,, 11"' addition foundation -• T '~ 34 I 7 , .. . i ~ ~i 10.46 ' •. .~ Fence corner is~--~--~~ - . x ~/ //1 / ~~ ~ - `~ • / 0.64 leel west o/ / j k "S properly line j , / / // ;. ~ ~ / /~ 6/i /iii ! I i.} i "' ~' ~ ~ Existing 2-story ~ ~ I .- d f h ~ ~ / ~+ ~ ~ y o~ g rame ouse ~ woo } ry• j s ~i] / ~ : y ~ o . / x / / =/ ~ / / i j - j ~ ' 7,43 •_10;50. i ~? ~ ~i ~ i o ~~ of h n: ~ ; '-• N89°59'06"W 86.00 °~ SARTELL AVENUE ry --- Centerline or 60 loot right-ol-way - -L- - - - - - N - I hereby certify that Phis survey was prepared by me or under my direction and that 1 am o duly Licensed Lond Surveyor under the Jaws of the State of Minnesota. Scale: 1 inch = 20 feet Gated this 15th ~u;nutrrr day of October, 2t~ ~- CR ~, , ~~ v~ ••qr ~i • Denotes Iron Monument Found R HDER & ASSOCIATES, INC. LICENSED i LEGAL DESCRIPTION . • • LANG : suRV>:roA dot 4, Block 9, CEDAR GROVE NO. 8, David C. Croigie, land Surveyor ~ d,: e261B , ~;occordin to the recorded !ot thereo/, P Minnesota Licens e No. 42618 % ~• 'O~ Dakota Count Minnesota. rF . ~5 =, , y. , , ~~r' T1W``~. OF'jyj r , Rehder and Assoc iates, Inc. Area = 12,040 square /eet (0.276 acre). CNA ENGINEERS AND IAND SU RVEYORS N~0 r.so.l OM AII. NO (.ysti Nn,w.M~ Plw•r test) ~S7-lOSt (~ ~ JOB: 034 -1951.010 I - -- .. ..- --~-- ------ ---. __._.. .. _. - ~~ _ "_~ ~ _ - ,~y~ --- _. __ ..._~.._ ~ ~ '' ~ ~ W I ~ z ' Zr ~ 14 ~ J 8 'v ~ d~ 3 Q s ° o~~ . W ~ /! L~ X`~> ~ LL .~ N }~~} rI fn ~ ~ C~ •v~ - ~ _ _J ~ ~ ~ ~ :~ `~ _ ~` _ 1` YY ~ ., - s J , < --~ c5J -- 0 '~ r ~-~~~ d p ~ ~ o ,~ ._- - - ~-- --- -- ~~e ~_ _`' - ' ° iri 2 -v X P~ rJ' Xr ' :~ .~ `7~ U CL u ~~ J i; r ~ a`- _~ -._ ._ ,~ - / -s ---- ~' - -- x . ~ t'i ~~ g r _ ~ /~ ~ ~~ , ~, a /~J~ W - T ~~ ul o ~~ ~l N 1 --~ . a- \~ v. _V ~ , ., a J ~h _:~ ~- _9 -T- ~°~ ~l~ J' ~~ i J Z S : ~ ~ _ J ~ \ i ~.n ~ ~~ _ Q V ~ X•~ 7' 3 s~ O ~\~ ~ S =o _~ ;o ti- M (J ~, ~9 V Q 0 A I have been a resident of Eagan since 1985. The time came when I needed to make a decision as to either adding on a garage for storage of a motor home or selling my home and buying a hobby farm with land. I chose to put on an addition for storage. I own a business in St. Paul and my home location is very convenient. I am in a single family residential area. This project was initiated in July 2003 with a phone call to the city and a conversation with an inspector regazding a gazage addition. The inspector informed me that no more than 20% of the total squaze footage of property could be covered with structures. He proceeded to ask the location of the project. He looked up the location and informed me that the total square footage of my property was 12,040. The foundation covered 1002 square feet, the garage covered 440 squaze feet and the shed covered 144 square feet. These totaled 1586 square feet. The total squaze footage for the 20% was 2408. This left a balance of 822 square feet that could be covered. He also stated that the roof of the project could not exceed the height of the house rood the property lines needed to be strung ofi; the finished project needed to match the existing house for appearance and the overhang of the project could not be greater than 2 feet into the side set back. After all this information was collected, I made the decision on the size of 18 feet wide by 45 feet long. This equaled 810 square feet. I then contacted a contractor to have a workable drawing made. The drawing was received the 2~ week of August. On Sept. 16, an application was submitted along with the drawing and lot drawing to the city. On Sept. 18, Tom - an inspector contacted me regarding my drawing. He stated that the garage door between the existing garage and the proposed garage needed to have a double ZxI2 header, the back garage door and the front gazage door needed to have matching headers, there needed to be 6 feet of ice barrier azound the roof, needed to have protective shield applied before the siding was applied and new footings were needed for the new gazage with 12" blocks to 6" blocks. I stated that all of these would be taken care of. He then stated that my drawing had been approved. On Sept. 19, I was informed that my application and drawing had been approved and that I could pick up my permit after I paid $375.11. After I picked up my permit, I rented a metal detector to find my property stakes and string a line to mark my property. I then proceeded to contact my sub contractors and signed contracts with them on Sept. 20. The contract for concrete work is $18,500.00 which $6,500.00 was paid for a down payment. The contract for building is $26,032.50. The builder proceeded to order the lumber and special order the trusses. The work began immediately. The trench was dug and the inspector Okayed to pour footings pending verification of property lines. This was done on Sept.23. Footings were poured. The inspector came out again to inspect the footings but was not accepting of the stakes I had placed according to the metal detector. Once again I rented a metal detector. The inspector stated that he needed to see the metal stakes or the survey sticks- nothing else was acceptable. The metal detector was rented a 3`d time with myself digging to find the stakes. The inspector stated that it was okay to lay the block but I needed to have the property lines verified. I then hired a survey company for $850.00 to survey my property. The survey was completed on Oct. 6. The inspector came out on Oct. 7 and okayed to back fill with a site correction for adding 1 anchor bolt to each corner to equal 2 anchor bolts. On Oct. 8, the anchor bolts were placed and the trench was back filled. That same day, the inspector stating that they had concerns regarding the project contacted me. He stated that the square footage was exceeding the square footage of my foundation of my home and that there was concern regarding the wind bracing of the addition. He told me that I needed to contact a structural engineer that could reinforce the walls for bracing. He also stated that I could probably get a variance for the square footage but their main concern was about the wind bracing. i told him that I was confused about this seeing that everything has been approved. He told me that I needed to contact an engineer to design a solution for this. I then contacted my builder about this matter. He put me in contact with a structural engineer that is doing this design for a cost of $500.00. This is the same engineer that designed the special ordered trusses. The wall bracing and the trusses uvill be designed to match. On Oct.9, the inspector called me and said that he has bad news. He stated that they had re-reviewed my plans and that they had made an error, they never should have approved my plans and they had to put a stop work order on the project. He told me that I would have to apply for a variance, ga before the planning committee and he didn't see any problem with me getting a variance. On Oct. 10, my special ordered trusses were delivered to my home. This is how I got to this spot right ~. %AO C ~-3--- ~r~.: . J'. G~''\V o c r ~ s 2003 My hardship is that I need a large storage space for my RV. and the city had approved it and now they stopped me. My RV. is 36 feet long and 1 lfeet 8 inches tall and that is why I want to go so large. I now have my R V. in storage and have spent a lot of money, and the rates are increasing. The work had been approved and the work is half done. I want to build this addition the way it was approved or not at all. I have been a member of the community for a good portion of my life and would lie to stay in the community. I would lice to be able to retire in my home that I own now. If my variance is not granted, who will pay to put things back the way they were before the city approved my plans? Who is going to teaz out over 600 blocks and footings? Who is going to replace my grass and fencing? None of this work would have been done if the city had not approved my plans. I have followed through with everything that needed to be done. Nothing was done without the approval of the city first. If I am unable to finish the work that is half done, who will pay the remaining amount on the contracts that were signed after the city approved my plans? ...._ ~ . ~ G ^~ asg AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER JANUARY 20, 2004 ~'~p ~. p abo II. 1 CALL TO ORDER ADOPT AGENDA /~ ~W III. APPROVE MINUTES V IV. OLD BUSINESS ~a~y 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 /_~ A. Public Hearing to Consider a Resolution Approving Preliminary ~J Redevelopment, Purchase Option and First Refusal Agreement Between the Eagan Economic Development Authority and United Properties VI. OTHER BUSINESS /~ a~3 A. Organizational Business V ~]~5VI1. ADJOURNMENT 0259 Agenda Information Memo January 20, 2004 Eagan Economic Development Authority Meeting I. 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: To adopt a resolution approving the minutes of the January 6, 2004 EDA meeting as presented or modified. ATTACHMENTS: • Enclosed on page ~~~ copy of the minutes of the January 6, 2004 EDA meeting. • Enclosed on pages a63 is a copy of the resolution approving the minutes of the January 6, 2004 EDA meeting. abo MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota January 6, 2003 A meeting of the Eagan Economic Development Authority was held on Tuesday, January 6, 2004 at 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 Commissioner Carlson moved, Commissioner Fields 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 16, 2003 EDA meeting as presented. Aye: 5 Nay: 0 OLD BUSINESS RESOLUTION APPROVING AMENDED AND RESTATED DEVELOPMENT AGREEMENT RELATING TO TAX INCREMENT FINANCING DISTRICT NO. 1 BETWEEN THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND U.S. HOME CORPORATION Commissioner Maguire moved, Commissioner Tilley 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 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 Commissioner Fields moved, Commissioner Tilley seconded a motion to continue consideration of 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 to the January 20, 2004 meeting. Aye: 5 Nay: 0 AUTHORIZATION TO NEGOTIATE FOR THE PURCHASE OF THE JIM COOPER GOODYEAR PROPERTY IN THE CEDAR GROVE REDEVELOPMENT AREA Community Development Director Hohenstein discussed the potential purchase of property in the Cedar Grove Redevelopment Area. Commissioner Carlson moved, Commissioner Tilley seconded a motion to authorize negotiation for the purchase of the Jim Cooper Goodyear Property in the Cedar Grove Redevelopment Area. Aye: 5 Nay: 0 a6~ ADJOURNMENT Corrunissioner Fields moved, Commissioner Tilley seconded a motion to adjourn the meeting at 7:40 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. a6~ EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING THE MINUTES OF THE JANUARY 6, 2004 REGULAR MEETING BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the minutes of the January 6, 2004 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 20th day of January, 2004. Gene VanOverbeke, Secretary/Deputy Executive Director arm Agenda Information Memo January 20, 2004 Eagan Economic Development Authority Meeting IV. OLD BUSINESS A. RESOLUTION APPROVING AMENDED AND RESTATED DEVELOPMENT AGREEMENT RELATING TO TAX INCREMENT FINANCING DISTRICT N0.1 BETWEEN THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND U.S. HOME CORPORATION ACTION TO BE CONSIDERED: To approve or deny 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. 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. a6y Agenda Information Memo January 20, 2004 Eagan Economic Development Authority Meeting Old Business FACTS (Continued): Staff and US Home have finalized negotiations and the revised agreement is in order for consideration at this time. The agreement is based on a finding that the development with the revisions proposed by US Home continues to meet the but-for test and that public assistance in the form of TIF to cover the costs of public improvement assessments, trunk utilities, parks and trails dedications and relocation costs for the owners of properties that are acquired for the project is necessary. In addition to the finish material, phasing and completion date changes noted above, modifications of the original agreement include a replacement of the financial security mechanism with a letter of credit and clarification of the circumstances under which the City would consider eminent domain action to acquire property. 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. ATTACHMENTS: Resolution ap r ving the amended and restated development agreement on pages ~ Memo from Ehlers and Associates concerning the updated financial analysis on pages _a~~ Full development agreem nt available upon request. ass EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING AMENDED AND RESTATED DEVELOPMENT AGREEMENT RELATING TO TAX INCREMENT FINANCING DISTRICT N0.1 BETWEEN THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND U.S. HOME CORPORATION BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to adopt 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. 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 20th day of January, 2004. Gene VanOverbeke, Secretary/Deputy Executive Director a~ .~~ FREERS s ' ~""~~,^'' & ASSOCIATES INC ~.f a, O To: Jon Hohenstein Community Development Director - City of Eagan C From: Sid Inman, Ehlers & Associates W Date: January 16, 2004 Subject: US Homes -Updated But-For Analysis When the city first reviewed the Delta Homes project, it asked Ehlers and Associates to review the developer's financials to determine if the level of the assistance agreed upon was needed to make the project financially feasible. The developer provided to Ehlers financial information that contained details regarding expenses, revenues and other pertinent financial information. After reviewing the information the developer provided, we determined that the information provided was within acceptable ranges of industry standards and the level of assistance was needed to make the project financially feasible. With the transfer of the Delta Homes development to U. S. Homes, the city asked us to perform the same review to determine if the same level of assistance was still required. The city requested that the new developer provide the same format for the information that was previously reviewed, with updates to reflect current circumstances. We met with the developer representative and reviewed the updated information that was provided by the developer. After considering the updated information we still believe that the level of assistance is still needed to make the project financially feasible. Please let me know if you have any questions or comments, or if we can be of further assistance on this matter. LEADERS IN PUBLIC FINANCE 3060 Centre Pointe Drive Phone: 651-697-8507 Fax: 651-697-8555 Roseville, MN 551 13-1105 ~ ` sid@ehlers-inc.com Agenda Information Memo January 20, 2004 Eagan Economic Development Authority Meeting V. NEW BUSINESS A. PUBLIC HEARING TO CONSIDER A RESOLUTION APPROVING PRELIMINARY REDEVELOPMENT, PURCHASE OPTION AND FIRST REFUSAL AGREEMENT BETWEEN THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND UNITED PROPERTIES ACTION TO BE CONSIDERED: To approve or deny a Resolution Approving the Preliminary Redevelopment, Purchase Option and First Refusal Agreement Between the Eagan Economic Development Authority and United Properties. FACTS: The EDA previously entered into a preliminary redevelopment 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 redevelopment 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. ATTACHMENTS: Q • Resolution on pages o~ • Ehlers and Associates memo summarizing amendment on pages ~ ~~ • Redevelopment District and Subarea Map on page • Full development agreement available upon request. ab~ EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION ADOPTING PRELIMINARY REDEVELOPMENT, PURCHASE OPTION AND FIRST REFUSAL AGREEMENT BETWEEN THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND UNITED PROPERTIES BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to adopt a Resolution Approving the Preliminary Redevelopment, Purchase Option and First Refusal Agreement Between the Eagan Economic Development Authority and United Properties.. 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 20th day of January, 2004. Gene VanOverbeke, Secretary/Deputy Executive Director a69 C'itp cif Ecr~att Deceniher J 1, '0(13 G~~~~~ 6 ASSOCIATES INC O To: Jon Hohenstein, City of Eagan From: Jim Prosser, Ehlers Associates Subject: Amendment to United Properties Preluninary Development W Agreement Date: December 11, 2003 Brian Carey, Vice President of United Properties, has requested an amendment to their existing preliminary development agrecment 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 C_ edar 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 seI1 the City owned parcel. o City agreement to assist with ]and 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". Jim Prosser, CIPFA (65]) 697-8503 Fax: (651) b97-8555 Executive Vice President/D'vector jim@ehlers-ine.com 3060 Ccntre Pointe Drive A ~ D htrp:/lw~+~w.chlers-inc.com Roseville. MN SSL 13-1 ]OS `'.7\J_ //~i/ C:il'y of fictgcnt December 1 !, 2!(73 The City's established development goal for this parcel is a class "A" office andlor 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. ]:n 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: 1. United Properties to acquire SiII 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. S. The City wi1I 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 ofthe developer and the ability of the Ciry to assure targeted development. 3060 Ccntre Poinu Drive ~<Phone» Fax: (651) 697-8555 ]toseville, M2N 55] 13-1105 ~ n / «Email_Address» Page 2 of 2 /// http:!/w~+tiv.ehlus-inc.oom ~~ ti m a c m F a 0 d d 4 m 0 m a U m ~+ v L 't3 N C IC ~ R to y i.~ V ~ ~ ~ N 0 ~ O L s m Q C _~ m O W O `° o c ° a ~ ~ m m m ~ ~ om ~ 9 ~ C N 'd ~ a ~ a r C U V U N V O m G1 J '~' V ~a.~a m m 0 r c~ 0 Agenda Information Memo January 20, 2004 Eagan Economic Development Authority Meeting VI. OTHER BUSINESS A. ORGANIZATIONAL BUSINESS 1. Election of Officers ACTION TO BE CONSIDERED: To elect/appoint officers of the Eagan Economic Development Authority. FACTS: As a part of its annual organizational business, the EDA elects its officers and appoints its Executive Director and Secretary/Deputy Director. In 2003, the officers of the Authority were as follows: President: Pat Geagan Vice President: Peggy Carlson Treasurer: Mike Maguire Executive Director: City Administrator Tom Hedges Secretary/Deputy Executive Director: Director of Administrative Services Gene VanOverbeke (Replaced Jamie Verbrugge on March 18, 2003) • Staff is proposing that the Executive Director position continue to be filled by Mr. Hedges and that the Secretary/Deputy Executive Director position be filled in 2004 by Community Development Director Jon Hohenstein. 2. 2004 Meeting Schedule FACTS: • Under its bylaws, the Eagan Economic Development Authority's regular meetings are scheduled to coincide with the regular meetings of the City Council. • At its meeting of December 1, 2003, the EDA confirmed the meeting schedule defined in the bylaws and adopted a mechanism by which the Authority may cancel such meetings as a part of the adoption of the City Council agenda if no EDA business is in order on that date. ATTACHMENTS: • Draft 2004 meeting schedule on page t~~ ~~ a~3 EAGAN ECONOMIC DEVELOPMENT AUTHORITY MEETING SCHEDULE JANUARY -DECEMBER 2004 January 6, 2004 January 20, 2004 February 3, 2004 February 17, 2004 Monday, March 1, 2004* March 16, 2004 Apri16, 2004 Apri120, 2004 May 4, 2004 May 18, 2004 June 1, 2004 June 15, 2004 July 6, 2004 July 20, 2004 August 3, 2004 August 17, 2004 September 7, 2004 September 21, 2004 October 5, 2004 October 19, 2004 Monday, November 1, 2004** November 16, 2004 December 6, 2004*** December 21, 2004 All meetings will be scheduled as a part of the regular Eagan City Council meetings, which are typically held on the 1St and 3rd Tuesdays of the month at 6:30 p.m., unless otherwise noted. * March 1 rather than March 2 due to caucuses **November 1 rather than November 2 due to Election Day *** December 6 rather than December 7 due to Hanukkah (also subject to change due to Truth in Taxation) a ~v Agenda Information Memo January 20, 2004 Eagan Economic Development Authority Meeting VII. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Commission meeting and reconvene the City Council meeting. a ~s Agenda Information Memo January 20, 2004 Eagan City Council Meeting XIII. OTHER BUSINESS A. RESOLUTION APPROVING AMENDED AND RESTATED DEVELOPMENT AGREEMENT RELATING TO TAX INCREMENT FINANCING DISTRICT NO.1 BETWEEN THE CITY OF EAGAN, EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND U.S. HOME CORPORATION ACTION TO BE CONSIDERED: To approve or deny a Resolution Approving The Amended and Restated Development Agreement Relating to Tax Increment Financing District No.l Between the City of Eagan, Eagan Economic Development Authority and U.S. Home Corporation. 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. a ~6 Agenda Information Memo January 20, 2004 Eagan City Council Meeting FACTS (Continued): Staff and US Home have finalized negotiations and the revised agreement is in order for consideration at this time. The agreement is based on a finding that the development with the revisions proposed by US Home continues to meet the but- for test and that public assistance in the form of TIF to cover the costs of public improvement assessments, trunk utilities, parks and trails dedications and relocation costs for the owners of properties that are acquired for the project is necessary. In addition to the finish material, phasing and completion date changes noted above, modifications of the original agreement include a replacement of the financial security mechanism with a letter of credit and clarification of the circumstances under which the City would consider eminent domain action to acquire property. ATTACHMENTS: p~ • Resolution on page ~O • Other information included in EDA Packet. ~~~ CITY OF EAGAN RESOLUTION APPROVING AMENDED AND RESTATED DEVELOPMENT AGREEMENT RELATING TO TAX INCREMENT FINANCING DISTRICT N0.1 BETWEEN THE CITY OF EAGAN, EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND U.S. HOME CORPORATION BE IT RESOLVED by the Eagan City Council to adopt a Resolution Approving The Amended and Restated Development Agreement Relating to Tax Increment Financing District No.1 Between the City of Eagan, Eagan Economic Development Authority and U.S. Home Corporation. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council in a regular meeting thereof assembled this 20th day of January, 2004. Maria Petersen, City Clerk a ~~ Agenda Information Memo January 20, 2004 Eagan City Council Meeting XIII. OTHER BUSINESS B. CONSIDER A RESOLUTION APPROVING A PRELIMINARY REDEVELOPMENT, PURCHASE OPTION AND FIRST REFUSAL AGREEMENT BETWEEN THE CITY OF EAGAN, EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND UNITED PROPERTIES ACTION TO BE CONSIDERED: To approve or deny a Resolution Approving the Preliminary Redevelopment, Purchase Option and First Refusal Agreement Between the City of Eagan, Eagan Economic Development Authority and United Properties. FACTS: • The EDA and City previously entered into a preliminary redevelopment agreement with United Pproperties for the redevelopment of Cedar Grove Redevelopment District Subarea 1B, 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 redevelopment agreement to extend the performance timeline and more formally commit the City to the sale of the City owned parcel in Subarea 1B 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. ATTACHMENTS: ~ O • Resolution on page • Other attachments included in EDA packet. a ~9 CITY OF EAGAN RESOLUTION ADOPTING PRELIMINARY REDEVELOPMENT, PURCHASE OPTION AND FIRST REFUSAL AGREEMENT BETWEEN THE CITY OF EAGAN, EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND UNITED PROPERTIES BE IT RESOLVED by the Eagan City Council to adopt a Resolution Approving the Preliminary Redevelopment, Purchase Option and First Refusal Agreement Between the City of Eagan, Eagan Economic Development Authority and United Properties. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council in a regular meeting thereof assembled this 20th day of January, 2004. Maria Petersen, City Clerk ago