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02/07/2006 - City Council RegularAGENDA l /~ EAGAN CITY COUNCIL -REGULAR MEETING /~ p EAGAN MUNICIPAL CENTER BUILDING -~ ,~j February 7, 2006 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA (At approximately 8:00 p. m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS a A. North Water Treatment Plan Award 3 B. 2005 Eagan Photo Contest Winners u C. Demonstration of Webcasting of City Meetings IV. CONSENT AGENDA A. APPROVE MINUTES ~a B. PERSONNEL ITEMS r 'C. APPROVE CHECK REGISTERS ~/~ D. APPROVE Application for Exempt Permit for Ducks Unlimited to conduct a raffle on Apri125, 2006 / /8' E. APPROVE Tree Contractor License for Huston's Tree Service ~ 9 F. APPROVE Fireworks Display Contract - RES Specialty Pyrotechnics -Eagan 4~ of July Event ~°~3G. APPROVE beverage provider for Eagan Community Center APPROVE catering providers for Eagan Community Center ~I. APPROVE a partnership between Medica, MRPA and the City of Eagan to allow Medica members who join the Eagan Community Center Fitness Center to participate in Medica's fitness reimbursement program and authorize the Mayor to sign the appropriate agreements ~6 J. APPROVE the expansion of the existing BCBS partnership with the Eagan Community Center Fitness Center to include people covered under U-Care ~~ K. RECEIVE the Petition and schedule a Public Hearing for March 6, 2006 for an Easement Vacation for Lot 2, Block 1, Cliff Lake Centre 3`d Addition n3 O L. AUTHORIZE preparation of City Code Amendment to Reassign Architectural Review Responsibilities for r Development Applications in the Cedar Grove Zoning District. M. APPROVE Corrective Plat of Lot 1, Block 1, Oakview Center in the NW '/4 of Section 12. ~~~ N. APPROVE Stipulation of Settlement (Easement Acquisition -John Cina, Project 874). V. PUBLIC HEARINGS ~3~A. VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENTS (Lot 1, Bicentennial 6`~ Addition and Lot 1, Block 2 Bicentennial 7`~ Addition) ,p .~ ~ B. VARIANCE -Kevin Crary - A Variance of 14 feet to the 40 foot setback for a porch and a 10 foot variance to the /V~ 40 foot setback for a deck, both from Blackhawk Road located at 1823 Jourdan Court in the NE '/4 of Section 17. ~6C. VARIANCE -Steven Forsberg - A Variance of approximately 4 feet to the front yard setback for a covered porch located at 733 Castleton Court in the NW '/4 of Section 24. VI. OLD BUSINESS VII. NEW BUSINESS S ~A. APPROVE Carrier /Homing /Racing Pigeon License for Danh Dao B. PLANNED DEVELOPMENT AMENDMENT -Interstate Partners -Grand Oak Five - A Planned Development Amendment to allow medical office uses located at 2805 and 2854 Highway 55, Lots 1 & 4, Block 1, Grand Oak Five in the NE '/4 of Section 2. C. ORDINANCE AMENDMENT -City of Eagan - An Amendment to City Code Chapter 11, Section 11.70 establishing architectural exterior design standards for commercial /industrial development. /r~ D. ORDINANCE AMENDMENT -City of Eagan - An Ordinance Amendment to Chapter 11, Section 11.60, Subdivision 11, by adding, as a Conditional Use, buildings exceeding 25,000 square feet in size in the Neighborhood Business Zoning District 1 a ~E. ORDINANCE AMENDMENT -City of Eagan - An Ordinance Amendment to Chapter 11, Section I I.70, Subd. I 28, by adding language relative to allowed canopy signage for convenience gas operations. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE PIA. Recommendation of the Noise Oversight Committee (NOC) community representatives to maintain the existing NOC bylaw criteria pertaining to permanent representation on the NOC. 2rJ IX. ECONOMIC DEVELOPMENT AUTHORITY /~ 11 The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA') v may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER B. ADOPT AGENDA /~~ C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS l31 1. CEDAR GROVE REDEVELOPMENT DISTRICT -Receive Request by property owner for the Use of Eminent Domain to Acquire the Cedarvale Mall and Schedule Public Hearing on February 21, 2006 to Consider Authorization of Such Action as Outlined in the Cedar Grove Redevelopment TIF Development Agreement between the City and Schafer Richardson. ~/~~ 2. CEDAR GROVE REDEVELOPMENT DISTRICT -Receive Request and Authorization from the Owner of Cedarvale Mall to Have the City's Relocation Consultant Meet with the Mall Tenants to Discuss Relocation Matters and Authorize Staff to Proceed with Such Activities. (,~~ 3. CEDAR GROVE REDEVELOPMENT DISTRICT -Authorize Staff to Negotiate a Joint Powers 7 Agreement with the Dakota County CDA to Perform Procurement and Contract Management of Demolition Services for City Owned Properties in the Cedar Grove Redevelopment District Core Area and to Authorize Execution of the Agreement for that Purpose )~~ 4. CEDAR GROVE REDEVELOPMENT DISTRICT -Authorize Staff to Enter into Negotiations for the Potential Acquisition of the Ken Myers Property (Eagle Valley Bank) at 3900 Sibley Memorial Highway. ~~ 5. CEDAR GROVE REDEVELOPMENT DISTRICT -Authorize Staff to Enter into Negotiations for the Potential Acquisition of the Nikolay and Natalia Brutsky Property (Minsk Market) at 3992 Sibley Memorial Highway F. OTHER BUSINESS G. ADJOURNMENT X. ADMINISTRATIVE AGENDA XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIII. ADJOURNMENT 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 ~cmo To: HONORABLE MAYOR & COUNCILMEMBERS From: CITY ADMINISTRATOR HEDGES Date: FEBRUARY 3, 2006 Subject: AGENDA INFORMATION FOR FEBRUARY 7, 2006 CITY COUNCIL MTG ADOPT AGENDA After approval is given to the February 7, 2006 City Council agenda, the following items are in order for consideration. Agenda Information Memo February 7, 2006 Eagan City Council Meeting A. NORTH WATER TREATMENT PLANT AWARD ACTION TO BE CONSIDERED: To recognize an awazd presented to the North Water Treatment Plant. FACTS: On January 27, the City received a Grand Award from the American Council of Engineering Companies of Minnesota (ACEC/M) for the expansion and renovation of the recently completed North Water Treatment Plant located on Coachman Rd at the City's Central Maintenance Facility. A representative of the consulting Engineering firm (SEH Inc.) and the Public Works Director would like to formally present this awazd to the City Council with a short description of some of its awazd winning features. As a recipient of the state's Grand Award, it will be considered for a national award during the judging in Washington D.C. later this month. a Agenda Memo February 7, 2006 Regular City Council Meeting RECOGNITIONS AND PRESENTATIONS: B. 2005 Eagan Photo Contest Winners FACTS: • In 2003 the City of Eagan began an amateur photo contest to attract defining images of the City and the quality of life it affords its residents. • Different years have different categories. • The 2005 categories were: Best Autumn View of Eagan Best Eagan Community Facility or Building Best Sense of Neighborhood & Community Best Submitted Historical Eagan Photo Grand Prize for Best Overall Photo • There were nearly 70 photos submitted. The City has the rights to use all those photos in any of our publications or on the City Web site. • The photos were judged by a panel of experts including a local professional photographer and the chief photographer for Eagan Magazine. • Communications Director Tom Garrison will present the winning amateur photographers and their photos. ATTACHMENTS: None 3 Agenda Memo February 7, 2006 Regular City Council Meeting RECOGNITIONS AND PRESENTATIONS: C. Demonstration of Webcasting of City Meetings FACTS: • In December, 2004, the Eagan City Council approved as part of its budget for communications the development of live Webcasting (sometimes called Web streaming) of city meetings. • The priority was in response to industry data indicating that four out often Eagan residents do not subscribe to cable television and therefore have no exposure or access to televised city meetings, the City video, or other video messages the City may wish to deliver to all Eagan residents and because City survey results show that the more residents know about the work of the Council and city government, the higher their satisfaction with city services. • On August 22, 2005 the City of Eagan issued a Request For Proposals to Web Streaming vendors and published an RFP notice in the City's legal newspaper. • Following the October deadline for the RFP interviews were conducted with finalists and on November 1, 2005, the Eagan City Council approved the selection of Granicus, the nation's largest provider of streaming video and Webcasts of local government meetings. • In December, Eagan became the first city in Minnesota to sign a contract for this service and as of tonight's meeting the first to offer all of its live meetings-City Council or Commission-over the Internet. • The next day following meetings, the content becomes video on demand as members of the public can call-up specific meetings or specific agenda items within meetings for up to a year from the video archive. • Communications Director Tom Garrison and Coordinator Joanna Foote will demonstrate this exciting new capability. ATTACHMENTS: None 't Agenda Information Memo February 7, 2006 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 17, 2006 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the- January 17, 2006 regular City Council meeting are enclosed on pages through ~. S MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 17, 2006 A Listening Session was held January 17, 2006 at 6:00 p.m. prior to the regular City Council meeting. Mayor Geagan and Councilmembers Tilley, Maguire, Carlson and Fields were present. Several residents were present representing the Eagle Crest Drive neighborhood. Brenda Zirbel, speaking for the group, requested Council consider an ordinance amendment in regard to parking on residential streets. She explained that due to a neighbor's car that gets parked in various locations on the street, problems occur when snowplows come through. The issue was referred to the Public Works Committee for review. A regular meeting of the Eagan City Council was held on January 3, 2006 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councihnember Fields, Tilley, Maguire and Carlson. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Michael Dougherty, and Administrative Secretary /Deputy Clerk Mira Pepper. AGENDA Councilmember Carlson moved, Councihnember Tilley seconded a motion to approve the agenda as presented. Aye: S Nay: O RECOGNITIONS AND PRESENTATIONS Brian Howard, representing Faithful Shepherd School, acknowledged Councilmembers Carlson and Fields for all their support and involvement in the school's Fall fund raising event. CONSENT AGENDA City Administrator Hedges requested that consideration of a tree contractor license be added as Item V. Item U was briefly discussed and modified to include a fee schedule for 2006. Councihnember Tilley moved, Councilmember Maguire seconded a motion to approve the consent agenda as amended. Aye: S Nay: O A. Minutes. It was recommended to approve the minutes of the January 3, 2006 regular City Council meeting and the January 10, 2006 special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of two police officers contingent upon successful completion of physical, drug and psychological testing. 2. It was recommended to approve the promotion of Officer Jenni Ruby to Sergeant. 3. It was recommended to approve the hiring of Dawn Peterson as a part-time guest services representative at the Community Center. C. Check Re isg tern. It was recommended to ratify the check registers dated January 5, 2006 and 7anuary 12, 2006 as presented. D. 2005 General Fund Bud eg t Adjustments. It was recommended to approve the 2005 General Fund Budget adjustments related to the baseline noise study, Dakota County Communications Center start-up costs, contributions received by the City's Fire Department, a reallocation of expenditures within the Human Resources Department, and the NE Eagan land use studies. E. Amendment to Fee Schedule. It was recommended to approve an amendment to the 2006 Fee Schedule adding various parks facility fees. F. Premise Permit Renewal. It was recommended to approve a Premise Permit Renewal for Eagan Lions Club to conduct apull-tab operation on Cedarvale Lanes premises, 3883 Cedar Grove Parkway. G. Liquor License Name Change. It was recommended to approve a name change on the liquor license for Jesimo, Inc. from Eagan Steak House, located at 1448 Yankee Doodle Road, to Steakbones Grill. H. Final Subdivision. It was recommended to approve a final subdivision to create two lots (Esmeralda Addition) of 0.62 acres for property located at Lot 1, Block 1, Pilot Knob Heights Fourth in the SW '/4 of Section 1. 6 Eagan City Council Meeting Minutes January 17, 2006 Page 2 I. Extension for Recording Final Plat. It was recommended to approve a 60 day extension of time to record the fmal plat for Kennerick 3`d Addition, located west of Pilot Knob Road and north of Lone Oak Road in the SE '/4 of Section 4. J. Contract OS-02. It was recommended to approve the fmal payment for Contract OS-02 (Citywide-Street Overlay Improvements) in the amount of $36,807.57 to McNamara Contracting, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. K. Project 928. It was recommended to receive the Draft Feasibility Report for Project 928 (Meadowview Road /Alexander Road -Street Improvements) and schedule a public hearing to be held on February 21, 2006. L. Project 930. It was recommended to receive the Draft Feasibility Report for Project 930 (Silver Bell Road - Street Revitalization) and schedule a public hearing to be held on February 21, 2006. M. Dakota County, Sentence to Service Project. 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 execute the appropriate documents. N. DNR Outdoor Recreation Grant. It was recommended to authorize the preparation of a DNR Outdoor Recreation Grant Application for improvements to Thresher Fields Park and direct the Advisory Parks and Recreation Comrnission to conduct the required Public Hearing at their regular meeting of February 16, 2006. O. Local Collaborative Grant Application. It was recommended to authorize the preparation of a Local Collaborative Grant application to Independent School District 196's Family Services Collaborative for outreach programming opportunities. P. Amendment to Park Dedication Use Agreement. It was recommended to approve an amendment to the original Park Dedication and Use Agreement between the City and Faithful Shepherd School and authorize the Mayor and City Clerk to sign the appropriate documents. Q. Storm Water Management Plan Update. It was recommended to approve the update to the Stormwater Management Plan for the City of Eagan dated December, 2005. R. Renewal of Contract with Lifeworks. It was recommended to approve the renewal of a one year contract with Lifeworks Services Inc. for the provision of limited janitorial services in designated park buildings, and authorize the Mayor and City Clerk to execute the appropriate documents. S. Amendment to Gun Club Lake Watershed Management Joint Powers Agreement. It was recommended to approve an amendment to the Gun Club Lake Watershed Management Organization joint powers agreement to permit staggered terms for members appointed to the Gun Club Lake Board. T. 2006 Parks and Recreation CIP. It was recommended to approve the 2006 Parks and Recreation CIP as presented. U. Concept for Miniature Golf Amenity. It was recommended to approve the concept for a miniature golf amenity to be incorporated into Cascade Bay and authorize staff to proceed with the plan to have it implemented for the 2006 season; including a fee schedule for 2006. V. Tree Contractor License. It was recommended to approve a tree contractor license for Central Applicators, Inc. PUBLIC HEARINGS LOT 2, BLOCK 1, CLIFF LAKE CENTRE 3~ ADDITION EASEMENT VACATION City Administrator Hedges introduced this item regarding an easement vacation for Lot 2, Block 1, Cliff Lake Centre 3`a Addition. Public Works Director Colbert noted that prior to publication of the public hearing notice an error was discovered in the legal description. The applicant was made aware of the error and directed to correct the description prior to the hearing notice being published. Due to the applicant not providing the corrected legal description, the vacation was not published in the legal paper. Councilmember Tilley moved, Councilmember Fields seconded a motion to acknowledge the procedural error and remove from further consideration the vacation of a portion of a public drainage and utility easement within Lot 2, Block 1, Cliff Lake Centre 3`d Addition. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes January 17, 2006 Page 3 PROJECT 888, CEDAR GROVE PARKWAY TRAIL AND LIGHTING IMPROVEMENTS City Administrator Hedges introduced this item regarding Trail and Lighting Improvements for Cedar Grove Parkway. Traffic Engineer Plath gave a staff report. Steve Grohoski, US Homes, acknowledged an agreement made with the Economic Development Authority. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councihnember Fields moved, Councilmember Tilley seconded a motion to approve Project 888 (Cedar Grove Parkway -Trail and Lighting Improvements) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 933, TOWN CENTRE DRIVE / O'LEARY LANE/ GOLFVIEW DRIVE /YANKEE PLACE STREET REVITALIZATION City Administrator Hedges introduced this item regarding street revitalization for Town Centre Drive / O'Leary Lane / Golfview Drive /Yankee Place. City Engineer Matthys 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. Councihnember Tilley moved, Councilmember Fields seconded a motion to approve Project 933 (Town Centre Drive / O'Leary Lane / Golfview Drive /Yankee Place -Street Revitalization) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 2006 CALENDAR YEAR CITY ORGANIZATIONAL BUSINESS ACTING MAYOR Mayor Geagan appointed Councilmember Carlson as Acting Mayor. OFFICIAL LEGAL NEWSPAPER Motion was made by Fields, seconded by Maguire to approve retention of the This Week Newspaper as the City of Eagan's official legal newspaper. Aye: 5 Nay: 0 8" Eagan City Council Meeting Minutes January 17, 2006 Page 4 CITY COUNCIL MEETING DATES Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the modified 2006 Schedule of City Council meetings. Aye: 5 Nay: 0 2006 SCHEDULE OF REGULAR CITY COUNCIL MEETINGS JANUARY 3 MAY 2 SEPTEMBER 5 JANUARY 17 MAY 16 SEPTEMBER 19 FEBRUARY 7 JUNE 6 OCTOBER 3 FEBRUARY 21 JUNE 20 OCTOBER 17 MARCH 6* JULY 6** NOVEMBER 9**** MARCH 21 APRIL 4 APRIL 18 JULY 18 AUGUST 3*** AUGUST 15 NOVEMBER 21 DECEMBER 4***** DECEMBER 19 * ,March 6 rather than March 7 due to precinct caucus ** July 6 due to July 4"' holiday *** August 3 rather than August 1 due to National Night Out **** November 9 rather than November 7 due to Election Day ***** December 4 rather than December 5 due to Truth in Taxation There will be a Listening Session at 6:00 p.m. before each regular Council meeting. 2006 SCHEDULE OF SPECIAL CITY COUNCIL MEETINGS AND WORKSHOPS JANUARY 10 MAY 9 SEPTEMBER 11** JANUARY 24 (tentative) FEBRUARY 13* FEBRUARY 28 (tentative) MARCH 14 MARCH 28 (tentative) APRIL 11 APRIL 25 (tentative) MAY 23 (tentative) JUNE 13 JUNE 27 (tentative) JULY 11 JULY 25 (tentative) AUGUST 8 AUGUST 22 (tentative) SEPTEMBER 26 (tentative) OCTOBER 10 OCTOBER 24 (tentative) NOVEMBER 14 NOVEMBER 28 (tentative) DECEMBER 11*** * February 13 rather than February 14 due to request of a Council member ** September 11 rather than September 12 due to Primary Election *** December 11 rather than December 12 due to Truth in Taxation Eagan City Council Meeting Minutes January 17, 2006 Page 5 CITY COUNCIL MEETING PROCEDURES Councilmember Fields moved, Councilmember Carlson seconded a motion to acknowledge Robert's Rules of Order as the means to conduct official business at all Regular City Council meetings, approve the changes to the agenda format and further approve the guidelines/handout for public participation in the City Council meeting. Aye: 5 Nay: 0 Councihnember Tilley moved, Councihnember Fields seconded a motion to ratify the Council's past practice and policy that during the City Council filing period (July -November, 2006), Visitors to be Heard shall occur for a period of time not to exceed ten minutes and Visitors to be Heard will not be televised during this time. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Maguire seconded a motion to formally ratify the practice that at least two members of the City Council must make the request of the City Administrator to place an item on an upcoming City Council agenda. Aye: 5 Nay: 0 COUNCIL STANDING COMMITTEE AND REPRESENTATIVE APPOINTMENTS Councilmember Carlson moved, Councilmember Fields seconded a motion to ratify the standing committee and representative appointments as follows: Aye: 5 Nay: 0 Finance Comrittee: Councilmember Carlson and Mayor Geagan Public Works Committee: Councilmember Fields and Councilmember Maguire Personnel Committee: Mayor Geagan and Councilmember Carlson Communications Committee : Councilmember Maguire and Councilmember Carlson Community Center /Central Park Operations Committee: Mayor Geagan and Councilmember Carlson Caponi Property Subcommittee: Councilmember Maguire and Councilmember Carlson 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 Cedar Corridor Committee: Councilmember Maguire It was the consensus of the Council to discuss the 2008 Comprehensive Guide Plan Update Committee at a future work session; and postpone appointment to the ECVB Board of Directors until after the next Board meeting. It was also the consensus of the Council to disband the Caponi Property Subcommittee. Councilmember Maguire will continue to serve on the Caponi Art Park Board at the request of the Board. Mayor Geagan made the following Advisory Commissions liaison assignments: APrC -Councilmember Carlson ARC -Councilmember Fields APC -Councilmember Maguire BETC -Councilmember Tilley MSP Noise Oversight Committee -Councilmember Fields, Assistant to City Administrator Dianne Miller Councilmember Carlson moved, Councilmember Fields seconded a motion to ratify the subcommittee and liaison assignments. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Tilley seconded a motion to disband the Economic Development Commission. Aye: 5 Nay: 0 /0 Eagan City Council Meeting Minutes January 17, 2006 Page 6 NEW BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT - WENSMANN HOMES City Administrator Hedges introduced and provided background information on this item regarding a Comprehensive Guide Plan Amendment to change the land use designation from P, Park and Recreational Open Space to SA, Special Area on approximately 120 acres located south of Yankee Doodle Road and west of Wescott Woodlands. Pursuant to a lawsuit, the City reached a Contingent Settlement Agreement with Wensmann Homes and the property owners regarding a revised petition for an amendment to the City's Comprehensive Guide Plan. City Planner Ridley provided a brief overview of the proposed amendment. Mayor Geagan discussed the current contingent agreement and a recent Minnesota Supreme Court case that could impact the outcome of an appeal process. Councihnembers discussed their opinions regarding the settlement and the recent MN Supreme Court decision pertaining to a case in Mendota Heights. The consensus was that the City should proceed with the appeal of the District Court decision. Mayor Geagan moved, Councihnember Fields seconded a motion to adopt Findings of Fact, Conclusions and Resolution for Denial of an amendment to the Comprehensive Guide Plan to change the designation of property from P, Parks, Open space and Recreation, to SA, special Area, legally described as the East Half of the NW Quarter and the Northeast Quarter of the Southwest quarter of Section 14, Township 27, Range 23 from P (Parks, Open space and Recreation) to SA (Special Area). Aye: S Nay: 0 LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE CITY OF EAGAN'S 2006 STATE BONDING REQUESTS City Administrator Hedges discussed proposed bonding requests for 2006. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve the City of Eagan's 2006 State Bonding Requests. Aye: 5 Nay: 0 The regular City Council meeting was recessed at 7:35 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 7:45. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Maguire moved, Councihnember Tilley seconded a motion to adjourn the regular City Council meeting at 7:50 p.m. Aye: 5 Nay: 0 Date Adminustrative Secretary /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. li Agenda Information Memo February 7, 2006 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Streets Maintenance Worker- ACTION TO BE CONSIDERED: To acknowledge the internal transfer of Mike Widstrom from Utilities Maintenance Worker to Streets Maintenance Worker. Item 1. Police Off cers-- To acknowledge the hiring of Andrew Rapaway and Jeffrey Thul as Police Officers. FACTS: At the previous Council meeting, approval was given to the hiring of two police officers contingent upon successful completion of required testing. Testing has been completed and both officers have been recommended for hiring. Item 2. Resignation/Superintendent of Recreation-- ACTION TO BE CONSIDERED: To accept the resignation of Jeff Asfahl, Superintendent of Recreation. Item 3. 2006 Parks and Recreation Seasonal Compensation Policy-- ACTION TO BE CONSIDERED: • To approve the policy and implementation of the 2006 Compensation Plan for Parks and Recreation seasonal employees. FACTS: • On December 20, 2005, the City Council approved the Parks and Recreation Seasonal Compensation Plan for 2006, stating that the annual adjustment shall not exceed 3%. The written policy provides more detail and incorporates the implementation strategy. ATTACHMENTS: • Enclosed on pages 13 through ~ is a copy of the proposed policy. is City of Eagan Parks & Recreation Seasonal Compensation Policy 2006 Purpose: To uniformly address seasonal compensation for all Parks & Recreation operations including the Recreation Division, Civic Arena, Cascade Bay and the Community Center's seasonal employees. To address internal equity between identified job classifications. To ensure a consistent number of steps for all job classifications. To define when progression to the next step is appropriate. Compensation Philosophy: Candidates with no prior experience with Eagan Parks & Recreation may be placed above Step 1 on the wage scale, not to exceed Step 2, depending on qualifications. A candidate with past experience with Eagan Parks & Recreation as a former seasonal employee who worked prior to 2005 may be placed above Step 1 on the wage scale, not to exceed Step 2, depending on qualifications. Those employees who voluntarily transfer from one position to another may stay at the same step or they may be placed in a lower step than previously held. Internal transfers do not warrant being placed on a higher step than previously held. Those employees who hold multiple positions in different classification levels may be at different steps, depending on qualifications and longevity. External market wages will be considered and reviewed annually by the Parks & Recreation Director in conjunction with Human Resources in order to determine potential modifications to the existing Compensation Plan, including any annual adjustments that may be set by the City Council. Policy: Seasonal job classifications are not benefits eligible. /3 Job titles are grouped within three distinct classification levels; • Entry • Experienced • Advanced There are 5 steps in the Compensation Plan. Advancement to a higher step within a classification occurs after an employee serves 300 hours, and each 300 hours thereafter. Implementation: Employees who worked in 2005 and are re-hired in 2006, may receive a new rate for 2006: • If an employee's ending rate of pay in 2005 does not exceed 3% on the equivalent step on the Compensation Plan for 2006, credit for 300 hours worked in 2005 will precipitate a step increase upon re-hire. • If an employee received a step increase in 2005, they will be moved to the equivalent step in 2006, and past hours worked will not be included, should the increase exceed 3%. • If the 2005 rate of pay exceeds the Compensation Plan for 2006, they will be frozen at the rate from 2005 until such time that the Compensation Plan catches up to their current rate, and then will be placed on the scale accordingly. Annual adjustments to the overall compensation plan may occur with City Council action. !y Agenda Information Memo February 7, 2006 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated January 19, 2006 January 26, 2006 and February 2, 2006 as presented. ATTACHMENTS: • Check registers dated January 19, 2006 January 26, 2006 and February 2, 2006 are enclosed without page number. /S Agenda Memo February 7, 2006 Regular City Council Meeting CONSENT AGENDA: D. Application for Exempt Permit for Ducks Unlimited ACTION TO BE CONSIDERED: Adopt Resolution approving Application for Exempt Permit for Ducks Unlimited to conduct a raffle on Apri125, 2006 at 2280 Cliff Road. FACTS: Ducks Unlimited Chapter 181 has applied with the Minnesota Gambling Board to conduct a raffle at Royal Cliff, 2280 Cliff Road on Apri125, 2006. Staff has reviewed the application and sees no reason to deny. Ducks Unlimited has conducted similar events in Eagan for the past several years. ATTACHMENTS: • Attached as page ~ is the proposed resolution for approval. /6 RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT DUCKS UNLIMITED CHAPTER 181 and WHEREAS, Ducks Unlimited Chapter 181 has applied for an Exempt Permit; 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 Exempt Permit for Ducks Unlimited Chapter 181 to conduct a raffle on Apri125, 2006 at Royal Cliff, 2280 Cliff Road. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Deputy Clerk Motion by: Seconded by: Those in Favor: Those Against: Date: February 7, 2006 CERTIFICATION I, Mira Pepper, Deputy 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 7`h day of February, 2005. Mira Pepper, Deputy City Clerk Agenda Memo February 7, 2006 Regular City Council Meeting CONSENT: E. Tree Contractor License for Huston's Tree Service ACTION TO BE CONSIDERED: Approve Tree Contractor License for Huston's Tree Service, 14847 Haven Drive, Apple Valley, MN FACTS: • Jeff Houston has applied for a Tree Contractor License and has met all requirements of the application. • Staff deems the application in order for approval ATTACHMENTS: None The application is available for review in the Administration Department. /~' Agenda Information Memo February 7, 2006 Eagan City Council Meeting F. APPROVE FIREWORKS DISPLAY CONTRACT -RES SPECIALTY PYROTECHNICS - EAGAN 4 OF JULY EVENT ACTION TO BE CONSIDERED: To approve the Fireworks Display Contract -RES Specialty Pyrotechnics - Eagan 4t" of July Event. FACTS: • Rollie Selig representing the Eagan 4t" of July Committee has received a proposed contract from RES Specialty Pyrotechnics to provide the fireworks program for the City on July 4, 2006 and asked that the City approve formally approve it. • The proposed contract is in the amount of $25,000 and will provide for a 25-28 minute show depending on the intensity. • The same firm provided the fireworks for a similar display for its first time in 2005 at the same price which was a $5,000 reduction in cost from the former provider. ATTACHMENTS: • Enclosed on pages ol~ through ~~ is a copy of the cover letter and proposed contract from RES Specialty Pyrotechnics. /9 ICES Specialty Pyrotechnics ~~" .~- January 16, 2006 Rollie Selig Eagan July 4th Committee 1774 E Bluestone Dr Eagan, MN 55122 Dear Rollie: We are delighted to design another fireworks program for the City of Eagan on July 4~, 2006. We will be incorporating an awesome Signature Pattern Shell and Select Patriotic Shell segment in your program. We will provide all materials, equipment, licensed operators, and will obtain all necessary permits and $5,000,000.00 liability insurance. Our displays are electronically fired for added safety. Enclosed please find the contract in the amount of $25,000.00, for your approval. Please sign the contract and return it in the enclosed self-addressed stamped envelope. If you have any additional questions, please feel free to call. Sincerely, Ervin J. Haman Director of Business Development 21595 286th Street ^ Belle Plaine, MN 56011 ^ Phone: 952.873.3113 ^ Fax: 952.873.2859 ao RES Specialty Pyrotechnics ~~ .. \' DISPLAY CONTRACT AGREEMENT THIS AGREEMENT, made and entered into on this 16th day of January, 2006 between RES Specialty Pyrotechnics, Inc. hereafter referred to as the SELLER and Eagan 4~h of July Committee, hereafter referred to as the BUYER. IT IS MUTUALLY AGREED BETWEEN THE SELLER AND THE BUYER AS FOLLOWS: Service Provided Date(s) Time Duration Location Event Sponsor Outdoor Fireworks Display July 4~h, 2006 10:00 PM (approximately) 25-28 minutes (depending on intensity) Eagan Community Center Eagan 4t" of July Committee OBLIGATIONS OF SELLER: SELLER shall provide all materials, equipment and personnel necessary to perform the above-mentioned display. SELLER is required and will comply with NFPA 1123, Code for Outdoor Display of Fireworks, 2000 edition and NFPA 1126, Pyrotechnics before a Proximate Audience, 2001 edition. SELLER shall provide show liability insurance in the amount of $5,000,000.00 to cover the fireworks display and cleanup. SELLER shall include the BUYER, as co-insured on Certificate of Insurance. OBLIGATIONS OF BUYER: BUYER shall provide a suitable location for firing of the fireworks display. BUYER shall provide and cover all costs.for security, safety and cleanup at the display site. TERMS AND CONDITIONS: The terms of this agreement shall begin on the day of the signing of this agreement and shall conclude upon the completion of the display. This agreement shall run no longer than one (1) calendar year. However, if before the date of the scheduled performance, the BUYER has not performed fully its obligations under the terms of this agreement or that the financial credit of the BUYER has been impaired, the SELLER may cancer this agreement at any time. In the event the BUYER does not perform fully all of it's obligations herein, the SELLER shall have the option to perform or refuse to perform hereunder, and in either event the BUYER shall be liable to the SELLER for any damages, compensation or costs incurred including but not limited to attorney and court fees in addition to the compensation herein. The SELLER shall retain the right to stop or interrupt the display at any time if, in the opinion of the SELLER, conditions have become unsafe. In event of rain, fireworks maybe rescheduled at a mutually agreeable date. 21595 286th Street ^ Belle Plaine, MN 56011 ^ Phone: 952.873.3113 ^ Fax: 952.873.2859 ai PAYMENT: Contracted amount: $25,000.00 inclusive of sales tax, if applicable. Contracted amount includes fire watch and permit fee. All payments shall be paid by BUYER to and in the name of RES Specialty Pyrotechnics, Inc. in the form of a company check, certified bank check, money order, or cash. CANCELLATION: In the event the BUYER cancels this agreement any time during the contract period, the SELLER shall be entitled to and receive 25% of the contracted fee for the remainder of the contract period plus compensation for any pre- and post-production costs incurred. THIS AGREEMENT is the whole agreement of the parties' above named. No representation inducement or agreement has been given by one to the other to enter into this agreement other than expressly set forth herein. This agreement shall not be altered, modified, or amended except in writing by a duly authorized officer of each party. IN WITNESS WHEREOF, the parties hereunto set their names on the day and year listed below. CONTRACT VALID WHEN SIGNED BY AUTHORIZED PERSONS. BUYER: ,~[y ~"~ ~cJLA~Q.4~ SELLER: RES Specialty Pyrotechnics Signature: Signature: ~.~-~--~-~ ~ _~..r~--='`- Title: - ~ Title: Director of Business Development Date: Date: ~ _ ~ ~ ~} as Agenda Memo February 7, 2006 City Council Meeting G. APPROVE BEVERAGE PROVIDER FOR EAGAN COMMUNITY CENTER ACTION TO BE CONSIDERED: Approve the selection of Holiday Inri of Burnsville as the exclusive beverage provider for the Eagan Community Center from March 2006 through February 2009 and direct-staff to prepare the appropriate contract for the Mayor's signature. FACTS: ^ In 2003 the City of Eagan entered into athree-year contract with Holiday Inn of Burnsville to provide exclusive alcohol service to the Eagan Community Center. That contract expires March 1, 2006. ^ The City Council authorized staff to advertise and solicit bids in October 2005 for the years 2006- 2009. . ^ Staff received several calls of interest, sent out requests for proposals and followed up with apre- proposal meeting in December for potential vendors to tour the building and ask questions. ^ Two bona fide proposals were received and reviewed for consideration. ^ The proposals were presented to the Operations Committee for their consideration and recommendation to the City Council. ^ The Operations Committee concurred with the recommendation to continue the exclusive beverage contract with Holiday Inn of Burnsville. ATTACHMENTS: None ~3 Agenda Memo February 7, 2006 City Council Meeting H. APPROVE CATERING PROVIDERS FOR EAGAN COMMUNITY CENTER ACTION TO BE CONSIDERED: Approve the selection of Twin City Catering, Classic Catering and Eagan Green Mill as the exclusive catering providers for the Eagan Community Center from March 2006 through February 2009 and direct staff to prepare the appropriate contract for the Mayor's signature. FACTS: ^ In 2003 the City of Eagan entered into athree-year contract with Classic Catering and Crowne Plaza to provide exclusive catering service to the Eagan Community Center. That contract expires March 1, 2006. ^ The City Council authorized staff to advertise and solicit bids in October 2005 for the years 2006- 2009. ^ The City Council originally authorized the use of up to three vendors to provide exclusive catering for banquets, large meetings and events in the community center. ^ Staff received several calls of interest, sent out requests for proposals and followed up with apre- proposal meeting in December for potential vendors to tour the building and ask questions. ^ Six bona fide proposals were received and reviewed for consideration. Staff visited several vendor events to determine their ability to provide the high level of service expected by ECC renters. ^ The proposals were presented to the Operations Committee for their consideration and recommendation to the City Council. ^ The Operations Committee concurred with the recommendation to expand from two to three catering vendors, which would include Classic Catering, Twin City Catering and Green Mill of Eagan. It was determined that this combination of vendors provided a wide range of choices as well as an expanded revenue opportunity for the ECC operation. ^ The combination of caterers selected will ensure a wide variety of options for ECC rentals and will also maintain a wide range of pricing options to meet the continued growth of rentals. ATTAC>~VIENTS: • None. av Agenda Memo February 7, 2006 City Council Meeting I. APPROVE A PARTNERSHIP BETWEEN MEDICA. MRPA AND THE CITY OF EAGAN TO ALLOW MEDICA MEMBERS WHO JOIN THE ECC FITNESS CENTER TO PARTICIPATE IN MEDICA'S FITNESS REIMBURSEMENT PROGRAM AND AUTHORIZE THE MAYOR TO SIGN THE APPROPRIATE AGREEMENTS. ACTION TO BE CONSIDERED: Approve a partnership between MRPA, Medica and the City of Eagan to allow Medica members who join the ECC fitness center to participate in Medica's fitness reimbursement program and direct staff to prepare the appropriate agreements for the Mayor's signature. FACTS: ^ The ECC fitness center currently has fitness reimbursement partnerships with Health Partners and BCBS participants to promote personal health and wellness. These programs provide a reimbursement of membership fees to participants meeting minimum attendance criteria. ^ When the Health Partners partnership first began staff inquired about the potential to also include Medica participants. At the time Medica had exclusive relationships with other fitness providers and was not open to expanding to other venues. ^ As the exclusivity of Medica's partnerships changed, ECC Manager Breuer pursued opportunities to have Medica consider working with the ECC but they were not interested. Over the past year Manager Breuer has worked with Minnesota Recreation and Parks Association to combine several Minnesota community centers into a group that might provide a better partnership for Medica to consider rather than working with individual community centers. ^ After several meetings and negotiations between MRPA and Medica it appears that there is an agreement in principal to move forward so that participating MRPA cities can offer the Medica fitness incentive program to their members. ^ MRPA will be managing the membership program on behalf of participating cities and will work directly with Medica to facilitate the program once all of the details are ironed out. ^ It is hoped that all the details will be finalized within the next 45-60 days after which Medica will make an announcement that the program will be included in specifically defined community centers. ^ Costs associated with operating this additional benefit were budgeted for 2006 in anticipation that a partnership might occur. ATTACHMENTS: • None ~5 Agenda Memo February 7, 2006 City Council Meeting J. APPROVE THE EXPANSION OF THE EXISTING BCBS PARTNERSHIP WITH THE ECC FITNESS CENTER TO INCLUDE PEOPLE COVERED UNDER U-CARE. ACTION TO BE CONSIDERED: Approve the expansion of the existing BCBS partnership with the ECC fitness center to include people covered under U-Care. FACTS: ^ The City of Eagan currently has a partnership with BCBS to promote health and wellness of their members through a reimbursement program of their fitness memberships. ^ MICAH, the company representing BCBS with fitness centers has informed the city that U-CARE members will now be eligible for this reimbursement program. ^ U-CARE if geared to participants 65 years and older. ^ This will add yet another membership opportunity to the ECC fitness center. ATTACHIVIENTS: • None a~ Agenda Information Memo February 7, 2006 Eagan City Council Meeting K. LOT 2, BLOCK 1, CLIFF LAKE CENTRE 3~ ADDITION EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate a portion of a public drainage and utility easement within Lot 2, Block 1, Cliff Lake Centre 3rd Addition and schedule a public hearing to beheld on March 6, 2006. FACTS: • On November 18, 2005, City staff received a letter from Jay W. Feider, President, Positive Companies, Inc., requesting the vacation of a portion of an existing drainage and utility easement on Lot 2, Block 1, Cliff Lake Centre 3rd Addition, southwest of the intersection of Cliff Lake Road and Rahn Road. • On December 20, the City Council received the petition to vacate a portion of said drainage and utility easement and scheduled a public hearing to be held on January 17, 2006. • The applicant was made aware of a legal description error and directed to correct the description prior to publication of the hearing notice. Since the applicant did not supply the corrected legal description in a timely manner, the City Council removed the requested easement vacation from further consideration at the January 17 hearing. The required legal description has since been provided to City staff by the applicant. • Public drainage and utility easements were dedicated as part of the Cliff Lake Centre 3rd Addition plat for the encompassed pond area impacted up to the high water level (HWL) of the 1% (100-Year) Storm Event. • 'The purpose of the request is to allow the developer to construct a new office building on Lot 2 resulting in a retaining wall and a corner of the building encroaching into the limits of the original dedicated easement. This encroachment will not affect the storage capacity requirements of the original easement configuration. • Notices for a public hearing will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. ATTACHMENTS: • Location Map, page. • Easement Vacation Exhibit, page~_~__. a~ A1~ ` Cit of Ea ~Il Engineering Department Lot 2, Blk. 1, Cliff Lake Centre 3rd Add. Proposed Easement Vacation Location Map 12/15/05 DESCRIPTION OF PORTION OF DRAINAGE EASEMENT TO BE VACATED COMMENCING AT THE SOUTHWEST CORNER OF LOT 2, BLOCK 1, CLIFF LAKE CENTRE 3RD ADDITION, THENCE NORTH 00 DEGREES 10 MINUTES 23 SECONDS EAST A DISTANCE OF 361.52 FEET, THENCE NORTH 21 DEGREES 47 MINUTES 23 SECONDS EAST A DISTANCE OF 311.17 FEET THENCE NORTH 59 DEGREES 10 MINUTES 29 SECONDS EAST A DISTANCE OF 224' FEET, THENCE NORTH 89 DEGREES 31 MINUTES 07 SECONDS EAST A DISTANCE OF 13.28 FEET, THENCE NORTH 55 DECREES 13 MINUTES 15 SECONDS EAST A DISTANCE OF 17.53 FEET TO THE PRINT OF BEGINING OF THE PORTION OF THE DRAINAGE EASEMENT TO BE VACATED; THENCE NORTH 55 DEGREES 13 MINUTES 15 SECONDS EAST A DISTANCE OF 22.77 FEET, THENCE SOUTH 57 DEGREES 59 MINUTES 58 SECONDS EAST A DISTANCE OF 5.32 FEET, THENCE SOUTH 9 DEGREES 36 MINUTES 21 SECONDS WEST A DISTANCE OF 58.02', THENCE SOUTH 6 DEGREES 44 MINUTES 59 SECONDS EAST A DISTANCE OF 47.40 FEET, THENCE SOUTH 18 DEGREES 23 MINUTES 40 SECONDS EAST OF DISTANCE OF 19.40 FEET, THENCE SOUTH 34 DEGREES 59 MINUTES 27 SECONDS EAST A DISTANCE OF 204.90', THENCE SOUTH 69 DEGREES 22 MINUTES 30 SECONDS WEST r~ A DISTANCE OF 7269 FEET, THENCE NORTH 35 DEGREES 03 MINUTES 31 SECONDS WEST A DISTANCE OF 226.21 FEET, ~ THENCE NORTH 0 DEGREES 20 MINUTES 16 SECONDS WEST, A DISTANCE OF 94.96 FEET, BACK TO THE POINT OF \ ~~ BEGINIING OF THE DESCRIPED PARTIAL EASEMENT CONTAINING 4,121 S.F. AND THERE TERMINATING. \ ~ \ ,^ \ ~ i \\ ~~ ~ ~~ ~ \ .' \~ v \ ~. ~~, 1 ~'~~, ` V '~-~~ \ \ '~ \ . \ ~~ \ `, \ . \ `, \ a$ ~e II ~ i I ~ i I I ~ ; I 1 ~~ 1 1 ' I I I 1 1 i I ~ I 1i .. I ~~ ,, ~ `~ 1 ~' I ~ 1 I ~ I 4` I I ~. I I ~. t t `. I ~, `.. -~ I I '~ I ~~ I I I I n I _ I \\ ~~ ~ ~~ Lug ~` - =: ~ = ~ ,°~i° ~ :~~ I ~;~ I `~ `. a= I v~ ~ ~- , v \ .,._'o~ ~ `„ 4 ~ ,yam ~ p ~o \ , '~,. O '~ ~,,. .~~~. ^ ~ ~~;tia I ~~,~ .-, ~ ~'~ ~~,>> : , ~ a ~:-~Easemern t~ ~ I •~l~ .~. ,~.`': ~ \ ~. ~ `. /~~ / ~' 0 to be vacated ~ ~ I // ,~ o'~x ~` '~~ ~ .1 .~ I~~~i 1 ~i~ I I i ~ I t I ~~ ~ I ;' ~ ~ ;; i i i i 9 Agenda Information Memo February 7, 2006 Eagan City Council Meeting Consent Agenda L. AUTHORIZE Preparation of City Code Amendment to Reassign Architectural Review Responsibilities For Development Applications In the Cedar Grove Zoning District ACTION TO BE CONSIDERED: To authorize preparation of City Code Amendment to reassign architectural review responsibilities for development applications in the Cedar Grove Zoning District. FACTS: - The Cedar Grove Zoning District includes architectural and finish standards for new construction occurring within that area. The Code indicates that a Design Review Committee is to review plans for proposed developments and make a recommendation to the City Council regarding the consistency of building construction plans to the standards outlined in the Code. - The Code assigns the responsibility for design review to the Economic Development Commission. With the discontinuation of that Commission, it is appropriate to amend the City Code to reassign those responsibilities. - Staff recommends that the Code be amended to assign those responsibilities to the Advisory Planning Commission because the Planning Commission will be reviewing and preparing reconunendations to the Council regarding consistency of an application with the other aspects of the Cedar Grove Zoning District. - Because the CGD District is part of the Zoning Code, this Amendment will require a Public Hearing before the Planning Commission. 3~ Agenda Information Memo February 7, 2006 City Council M. CORRECTION TO PLAT -LOT 1, BLOCK 1, OAKVIEW CENTER ACTION TO BE CONSIDERED: To approve a Correction to Plat to correct a lot dimension pertaining to Lot 1, Block 1, Oakview Center in the NW '/4 of Section 12. REQUIRED VOTES FOR APPROVAL: Majority of Councilmembers present FACTS: Oakview Center was initially platted in 1999. - It was recently discovered that the plat contains an error along the southerly line of Lot 1, Block 1, whereby one of the lines was dimensioned as 122.24'. The correct dimension is 121.74'. - The plat correction requires City Council approval after which the Certificate of Correction to Plat prepared by the land surveyor will be filed at Dakota County. - The plat correction does not materially impact the development of the property. ATTACHMENTS (1): Land Surveyor's Certificate of Correction to Plat, page~~ 3/ Jan 24 2006 8:34RM LOUCKS McLRGRh engineers) 651-457-8642 LAND Sl1RVEYOR'S CERTIFICATE OF CORRECT101V TO PLAT: By: p.2 Name of Plat: OAKVIEW CENTER Pursuant to the provisions of Chapter 505.174, Laws of Minnesota, 1957, Paul J. NtcCinley, the undersigned, a Licensed [.and Surveyor in and for the State aF Minnesoia, declares as follows: That I prepared the plat of OAKVIEW CENTER, dated June 28, 1998, and filed on July 8, 1999 in the office of the County Recorder, Dakota County, Minnesota, as Document Number 16'19518. Thai said plat contains errors, omissions, or defects in the following particulars, #o-wit: along the southerly line of Lot 1, Block 1, one of the times is dimensioned as "122.24". - Thai said plat is hereby corrected in the following particulars: "122.24" should be changed to "121.74". Licensed Land Surveyor License Number 16099 State of Minnesota The above Certificate of Correction to the plat of OAICVIEW CENTER, has been approved by the City Council at a regular meeting of the City Counci[ of the City of Eagan, Minnesota, held on tt~e day of , 20 Clerk This .~rt~cate of Correction has been reviewed ~J ~r~ w r 20 O G . $y: Todd . ToBefson -- Dakota County Surveyor and approved this ~~ day of 3~ Agenda Information Memo February 7, 2006 Eagan City Council Meeting N. APPROVE STIPULATION OF SETTLEMENT, ORDER FOR JUDGMENT AND JUDGMENT FOR THE EASEMENT ACQUISITION FROM JOHN WAYNE CINA. ACTION TO BE CONSIDERED: Approve the Stipulation of Settlement between the City and John Wayne Cina concerning the acquisition of the easements for Public Improvement Project No. 874, and authorize the Mayor and City clerk to execute all related documents. FACTS: • In connection with Public Improvement Project 874 (Gift of Mary Utilities), it was necessary for the City to acquire right of way, drainage, utility and temporary construction easements over property owned by Mr. John Cina (3400 Hwy 55). As part of the condemnation process, the City and Mr. Cina had a hearing before condemnation commissioners concerning the amount of just compensation for the easements. The City's appraised value was $30,000.00 and Mr. Cina's appraised value was $190,000.00. The commissioners issued an award in the amount of $36,200.00. • Mr. Cina was dissatisfied with the commissioners' award and appealed the decision to Dakota County District Court. While the matter is currently scheduled for a jury trial, a tentative agreement has been reached, with the property owner accepting the City's settlement offer for all damages arising out of the condemnation action. • Staff is requesting that the City Council consider and approve the Stipulation of Settlement to resolve the condemnation action. • Please note that because this matter is in pending litigation. If the Council has any questions concerning the settlement, the discussion should be deferred to a closed session. ATTACHMENT: • Stipulation of Settlement, Order for Judgment and Judgment: forwarded under separate cover. 33 Agenda Information Memo February 7,2006 Eagan City Council Meeting PUBLIC HEARINGS A. YANKEE SQUARE ADDITION BICENTENNIAL 6TH & 7TH ADDITIONS) EASEMENT VACATIONS ACTION TO BE CONSIDERED: Close the Public Hearing and continue consideration of vacating the public drainage & utility easements within Lot 1, Block 1 Bicentennial 6th Addition and Lot 1, Block 2 Bicentennial 7th Addition to be concurrent with the Final Plat approval of Yankee Square Addition. FACTS: • On December 21, 2005, City staff received a letter from Bruce Miller of MFC Properties Corp., requesting the vacation of all of the existing drainage and utility easements on Lot 1, Block 1 Bicentennial 6th Addition and Lot 1, Block 2 Bicentennial 7th Addition, southeast of the intersection of Federal Drive and Washington Drive. • 10' wide easements were dedicated as part of the Bicentennial 6th and 7th Additions plats as the typical side lot easements for drainage and utility purposes. • The purpose of the request is to allow MFC Properties to construct a new 10,000 square foot office building within a portion of each of the two adjacent parcels. The configuration of the proposed building would straddle the common lot line of the two parcels and encroach upon some of the existing drainage and utility easements. Currently, there is one 24,320 square foot office building on each parcel. • MFC Properties proposes to subdivide the two parcels into three parcels for the proposed additional development of the site. Typical 10' wide side lot easements for drainage and utility purposes will be dedicated as part of the new plat. • The vacation of the existing drainage and utility easements would clean up the proposed plat by avoiding an underlying recorded dedication. • All necessary replacement easements will be dedicated under the Final Plat (Yankee Square Addition), scheduled for consideration by the City Council at a later date. • Notices were published in the legal paper and sent to all potentially affected andlor interested parties for comment prior to the public hearing. Notices were sent to all the potentially impacted private utility companies. No objections to the proposed vacation have been received. • The request has been reviewed by the Engineering Division and found to be in order for favorable Council action at a future Council meeting in conjunction with consideration of the Yankee Square Final Plat. ATTACHMENTS: • Location Map, page,. • Legal Description & Graphic, page,. 3y 3~ Bicentennial 6th &-7th Additions Proposed Easement Vacation ~2~27io5 City of Eagan Location Map .~f~IN~4G~' ~NI> I1TlLITY ff~C~T1ON ~.XfIIBIT FDr~• \ d ~m g_ i.~fl'C Ph'OP~l'Tl.~'~S' o ~~'~h I h NaN ~ uMMN i \ y V ICI ~ J I .... ~_~,... ~_ ,, ., ,_ ~\ U G ' 4 j ~m ' /,I sorry o~w e ~/,~ - _ %/ry //,', a_ii `/ /~,_ ~~ 274.87 V ~ ~ ~ ~"_;% is _/, W tV l `- - / i Z (f~ 50 0 50 SCALE 7" = 50' .~ +~ ~~ w 4W E! .} .. .. . 2 '.a .~ ~. .. _~ .. ~. j' :..... . ...... \ •^ LL~ thO:V Cf i'~ ~ lp C9 ~ q N Q ~~ SOt'S1'S9 E a ~/~ :. // ii // it / i;%.~, i~ i~ %~i iii r i t jr- ` _,_ - U is ~ n ---- ~ n --°- - r . r__ .- Y. h ~ °e J t M~j ~ G .. ~ i ~ ..._ .. .... . ~ ~_. ~ a ., , ., ~:.. ._ ...... , ._ 1;, ~, ' ~ _ I o ,.......... ,. -~o. ~ ~ i ~ ~~ J ~a 388.67 ubr~tbn. m w. ar~":y „• wonm:ted .eh„n ~n" e`pnn "rNlen permbsien d BDM / NONSA Copyrlpht 2005, B[NI / NONSI Nor s~ s9w tF' h 0 Q7 H Easements to be vacated: A!I drainage 8~ utility easements over Lot 1, Block 1, 8icentenn~al 6th Addition and over Lot 1, Block 2, Bicentennial 7th Addition. 390.8H City of Ea~~ Bicentennial 6th & 7th Additions Proposed Easement Vacations ng Department Agenda Information Memo January 7, 2006 Eagan City Council Meeting B. VARIANCE -KEVIN CRARY ACTIONS TO BE CONSIDERED: To approve (OR direct findings of Fact for denial) a 14 foot Variance to.the front (rear) setback fora 14'x14' porch for property located at 1823 Jourdan Ct in the NE '/a Section 17; subject to the conditions in the staff report. To approve (OR direct findings of Fact for denial) a 10 foot Variance to the front setback (rear) for an 8'x10' deck for property located at 1823 Jourdan Ct in the NE'/4 Section 17; subject to the conditions in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: - The applicant is proposing a 196 square foot porch addition with an 80 square foot deck to the existing house. - The required building setback from public right-of--way of Blackhawk Road is 40 feet; the proposed addition is 26 feet from the right-of--way and the proposed deck is 30 feet. - The existing house was built up to the 40 foot setback line and does not leave room for expansion without a variance; the house was built in 2004. - The applicant indicates there is a 14 foot header under the sliding door on the second floor which is the natural place to put a porch on the back of the house. - City Policy makers will need to determine if an adequate hardship has been presented and that the factors for considering a variance are applicable. 60 DAY AGENCY ACTION DEADLINE: March 16, 2006 ATTACHMENTS (1): Staff report on pages~through~ 3~ PLANNING REPORT CITY OF EAGAN REPORT DATE: January 27, 2006 APPLICANT: Kevin Crary PROPERTY OWNER: Same REQUEST: Variance CASE: 17-VA-02-O1-06 HEARING DATE: February 7, 2006 APPLICATION DATE: January 13, 2006 PREPARED BY: Sheila Cartney LOCATION: 1823 Jourdan Ct COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a Variance to the front setback of Blackhawk Road for a deck and four-season porch addition, for property located at 1823 Jourdan Ct in the NE '/4 Section 17. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision. 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other ]ands, structures or buildings in the same district. 3g Planning Report -Crary Variance February 7, 2006 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 5(E) requires a 40 foot setback to a minor thoroughfare (major and minor Collectors). The subject site abuts Blackhawk Road. BACKGROUND/HISTORY The subject site is part of the Forest View Addition which was platted in 2002. The subject site was developed in 2004. EXISTING CONDITIONS The site is developed with atwo-story single family home with attached garage. The existing house has been built up to the 40 foot setback line and does not leave room for expansion without a variance. APPLICANT'S ESTIMATE OF HARDSHIP The applicant indicated there is a 14 foot header on the back of the house that is under a sliding door which is the natural place to put a porch on the back of the house. The applicant has already modified deck plans in order to closer meet the setbacks. The proposed deck has a 30 foot setback to Blackhawk and the porch would have a 26 foot setback. EVALUATION OF REQUEST The applicant is proposing a 196 square foot porch and an 80 square foot deck to the rear of the existing house. The subject site has two public street frontages, one in the front and one in the rear, requiring additional front setbacks. The rear yard setback on a typical R-1 lot is 15 feet from the property line. The subject site's rear property line abuts public right-of--way of Blackhawk Road increasing the setback to 40 feet; a setback to public right-of--way that is not a major or minor collector is 30 feet. The additional living space will result in a 26 foot setback and the deck will be 30 feet from the Blackhawk Road right-of--way. All other setbacks and building coverage requirements are met. SUMMARY/CONCLUSION The applicant is requesting a variance to the setback from the public '``~ right-of--way of Blackhawk Road. The existing two-story house has a d ,~_ ~ ~~~~ ~ ~`~~,~ 3 ~~ ~ _ ~~ ~:~ : = 7 y ..,4 ~~ ~. . .._.,< ~: Planning Report -Crary Variance February 7, 2006 sliding door on the second floor that does not lead to anything and there is a 14' header below it that the applicant would like to add a porch and deck to. The porch would result in a setback of 26 feet and the deck would be 30 feet. The setback from a regular city street is 30 feet; Blackhawk requires a greater setback because it is a collector. ACTION TO BE CONSIDERED To approve a 14 foot Variance to the front (rear) setback fora 14'x14' porch for property located at 1823 Jourdan Ct in the NE'/4 Section 17; 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 exterior materials of the porch addition shall match those of the principal structure. 3. The addition shall comply with all other applicable Zoning Ordinance provisions. 4. A building permit must be obtained prior to construction. 5. The porch addition is limited to 196 square feet. To approve a 10 foot Variance to the front setback (rear) for an 8'x10' deck for property located at 1823 Jourdan Ct in the NE'/4 Section 17; 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. A building permit must be obtained prior to construction. ~}0 I would like to build a 14 foot by 14 foot screened porch and 8 foot by 10 foot deck on my existing two story walk-out residence as shown in the accompanying plans. When I made an offer on the house, the existing structure already had a sliding glass door on the second floor, and a 14 foot header on the back of the house as shown in the photo below. I purchased this house with the full intent to increase the value by adding the screened porch and deck. When I submitted plans for review by the City of Eagan Building Inspections Division, I was informed that there is a 40 foot setback from Blackhawk Road. Since the back of my house is approximately 40 feet from the back property line, I was informed that I could not proceed with my plans unless I was granted a Variance. In the hopes of increasing my chances of obtaining the Variance, I modified my plans, moving the deck to the side of the screened porch as shown in the accompanying plans, rather than protruding from the porch toward the street. If granted the Variance, I would like to start construction as soon as the ground thaws, and plan to complete the project by the end fa112006. The existing and proposed Comprehensive Guide Plan designation for 1823 Iourdan Court is D-I Single Family and LD -Low Density Residential, respectively. The zoning classification is R-1 Residential Single Family. The existing Land Use is Single Family Residential. The surrounding land uses and zoning of properties within 660 feet of this property are both low density single family residential and commercial. ~i ~~~~~~~~ lA~~ I ~ 100E ~ ~_ ,~ ~o m .~ ti y 0 m 4 ° B Q~ O ® ~ ® ~ ©•®© e~ 4 ®Q~ 4i ~ ~ ~~ F`I ebb ~ ~+"F7 ~ ~ © ® ~ ~ ~ ® ® ~ ~ ~ ~ ~ ~ ®® ®~~ I~ s ~ ~ ~ m ®~ m ~o ~ g q . t+ ~ ~~ i 49 P Q `o 0 e ~ g 1000 0 1DD0 2000 Feet Development/Developer. Kevin Crary Application: Variance Case No.: 17-VA-02-01-06 Map Propared using ERSI ArcView 3.7. Pareel base map data provided N g q ~ by Dakota County OfFlce of GIS and is current as of April 2005. CIt11 Of E~gflll THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E 2422 Enterprise Drive ~ * ** Mendota Heights, MN 55120 * PION~~F! v.ND suRV~roRS • avA, ENaNmis (851) 88i-1914 FAX:881-9488 ~ eng near ng LAND PLANNERS• LANDSCAPE ARaUTECTS 625 Highway 10 N.E. ~ * Blaine, MN 55434 * is * (783) 783-1880 FAX:783-1883 Certificate of Survey for: THORSON HOMES, INC 1823 JOURDAN COURT PLAN: 11-703 EAGAN, MN - ~ BLACKHAWK ROAD i' --~ _ ~ ~~ 844.4 ~; R=532. B4B., .-~ t~~ 8426 B+5.3 ~=1733'35 848.5 651.9 0 x8413 ~ x8.51.7 849.2 GUY-~ l3,1 HARE 852,2 ~ x8527 ~p~t,S t '~ xeaa.4 848.4 DRAINAGE & UTILITY _~- . EASEMENT PER PLAT ~ 852.0 .ess.6 0 _ _ _ ~~ /~ _~ ~ _ _ 854.6 x BSJ. ~ 842.9 x847.5 K B`~,D•~'~c..~ . ` ~~ X BS~~'~l~1~~~1 ~ ` SS2, `' fF ~ / ! x655.1 ]5 855 B45.3r ~ 847.2 9X9 .: ~r~ ~tt.4/y 1351.O~ ~_ / ~ M f' ~ x !/.~, Jt" x851. f/ x849.3 850.2 ~.r~••~ x851.4 x3~s~ x952'9 ~ 853.5 ~ _ 34.9 _ X SS2,o I.s'at~i: x~5 _' 347-_ x ~s ~ BSt.S 15~ 6st.3 50.D0' --" es3.7T15.00 ~s3.3o 853.3 ~ P\~' S, ~ PROPOSED ~ ~i \~ti1~ ~j tp ~4'^rib°~ y~~. r ~!. •~~ !J, (VACANT) ; BENCH MARK TOP OF SPIKE' ~~ ELEV,=859.05 ~ = I S ~QU~O x],73= I'% .I.i3oS a4.4 LOT AREA = 13,449 S0. FT. HOUSE AREA a 1,360 S0. FT. GARAGE AREA = 720 S0. FT. PORCH = 164 S0. FT. COVERAGE = 16.7 7 SERV. IN V, ELEV = 849.0 PER CITY ENG, DEPT. \ `Ki 10.00 11 00 ~~~ ~ Bss.D 14.00 7.0 . ~ \ , / ~ \~O 43 PORCH GARAGE ~ / I ~ S(o0.(p 1~ o O\ \ N ~ / r ~~ ~ ~0D t~ 0 10.00 855: _ , 20.OD ~j _ 20.8: ~~~ ~~ 857:16 BtDD. 857.7 . `' \ \ i Wa 1 ~~ \ y~ 5 ao ` \ o TEL ~. 5 ~ 85x7 2 ~ 838. ~ Bse. 657.7 B / `O ~ ~~Q97.9 ~ 857.9 q / - 5648'48" e5T R-55,p0 54.54 JOURDAN COURT ~ 54.9 ~ / x I •~ ~ ~ ~ C' \ 4g 0p ~ ~h ~ - sal ,yo HOUSE co Zz \ ~' ~ ""2I•0p ° h 1 860.4 O _ ' f ~ t` ,I D D~~ ~~ ^ 0 `~ARAGI to \ ~`` ^\ 00 0 s3 ^zo, oto BENCH ,5~~ TOP OF SPIKE rLI, ELEV..856,09 G1~c > e : ~ 9lrcpr~ HOUSE TYPE = FU WALKOUT~T PR P VA N NOTE: PROPOSED GRADES SHDNN PER GRADING PLAN BY: GUST ENTERPRISES LOWEST FLOOR ELEVATION; 852. NOTE BUILDMC DIMENSIONS SHOWN ARE FOR HORIZONTAL AND VERTICAIIOCATION ~(o~ 3 OF STRUCTURES ONLT. SEE ARCHITECTUAI PLANS FOR BU0.DINC AND TOP OF BLOCK ELEVATION: FOUNDATION DIMENSIONS. I, GA.RP.GE SLAB EII GVAT!ON: 3rao•~~ NOTE: NO SPEGFlC SGLS INVE571GATIDN HAS BEEN COMPLETED ON T}i15 LDT BY THE SURVEYOR. THE SUITABILITY OF SOILS TO SUPPORT 1HE SPECIFlC HOUS£ PROPOSED IS NOT THE RESPONSIBNTY OF THE SURVEYOR. NOTE: IRIS f~RTIFlCAIE ODES NOT PURPORT TO SHOW EASEMENTS OTHER THAN X OOD.OD DENOTES EXISTMC ELEVATION 1HOSE SHOWN ON THE RECORDED PLAT. (000.00) DENOTES PROPOSED ELEVATON NOTE: CONTRACTOR MUST VERIFY DRIVEWAT DESIGN. - - - DEN07T'S DRNNAGE AND U'I1LItt EASEMENT -- DENOTES DRAINAGE FLOW ODZEC710N ND1E: BEARINGS SHOWN ARE BASED ON AN ASSUMED DATUM -~c- DENOTES SPIKE $ DENOTES OFFSET HU8 WE HEREBY CERTIFY TO THORSON HOMES, INC THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUIJDARIES OF: LOT 3, BLOCK 1, FOREST VIEW ADDITION ~ECEIt~ED !IFS ~ ~ zoos DAKOTA COUNTY, MINNESOTA ' IT DOES NOT PURPORT TO SHOW IMPROVEMENTS OR ENCROACHMENTS, EXCEPT A5 SHOWN, AS SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION THIS 12 DAY OF NOVEMBER. 2003. SI NED. PIONEER ING P.A. 'ALE 1 INCH .= 30 FEET ~~`~~ ~~i;-ohs ~~~~b°o1"~a`~cYARD ~ /~ F BY~ ~M- 1922G5,89G X95\TJW / 1?~lr_t0~ Don R ~s~ ~,¢n 5 7 ~~ a t°-, .~ ~: ~¢ Ls! 1~.1 I -- - - - -~._ i ~ ~ I i I Q ~ l i ( ~ It r , ~ i i ~ 1 ( ~, x' i .r +' ~ ~ E ,s:,; a~5 ~, ,,, v J £ o ~ -' I J d I w x a x cW WY UW yFi N; Z n _ --_ _ _.._ ..._ I ~-_. 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VARIANCE -STEVEN AND KATHRYNE FORSBERG ACTIONS TO BE CONSIDERED: To approve a Variance to the required 30 foot front yard setback to construct a covered porch addition on the front of asingle-family dwelling at 733 Castleton Court in the NW '/4 of Section 24. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: - The property is located on the cul-de-sac of Castleton Court and contains asingle-family home with an attached two-stall garage. The house is set back 30.7 feet from the front property line, measured to the front corner of the existing front step. - The applicant proposes convert a portion of the existing porch into finished living space, and replace and expand the existing front stoop with a new covered front porch. - The proposed new porch will extend 8 feet out from the house. At its closest point, the new porch will be set back 26.1 feet from the front property line; an encroachment of 3.9 feet into the required 30-foot setback. - Lot coverage and other yard setback requirements are satisfied. - The applicant's stated hardship is the lot configuration because the lot is situated on a curve. The applicant further states "we believe we are ...maintaining the integrity of the home and neighborhood with a modest improvement." ~ The lot configuration does present a practical difficulty for the front setback, however, this characteristic is shared by numerous lots located on cul-de-sacs elsewhere within the City and a reasonable use, single family dwelling with attached garage, is currently present on the site. - The requested Variance appears to be a minimal request to alleviate the stated hardship and similar Variances have been granted from the required front yard setback for the construction of open porches elsewhere in the City. ISSUES: None 60 DAY AGENCY ACTION DEADLINE: March 10, 2006 ATTACHMENTS (1): Planning Report on pages through `t6 PLANNING REPORT CITY OF EAGAN REPORT DATE: January 24, 2006 APPLICANT: Steven and Kathryne Forsberg PROPERTY OWNER: Same REQUEST: Variance LOCATION: 733 Castleton Court CASE: 24-VA-Ol-O1-06 HEARING DATE: February 7, 2006 APPLICATION DATE: January 9, 2006 PREPARED BY: Pamela Dudziak COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a Variance to the required 30 foot front yard setback to construct a covered porch addition on the front of asingle-family dwelling at 733 Castleton Court in the NW '/4 of Section 24. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. ~~ Planning Report -Forsberg Variance February 7, 2006 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 City Code Section 11.60, Subd. 5, E requires a 30 foot front yard setback on property zoned R-1. City Code Section 11.40, Subd. 4.D.2 states that decks, patios, balconies, stoops, or other similar features (uncovered) that do not extend more than 30 inches above grade may encroach 8 feet into a required front yard setback. BACKGROUND/HISTORY The Hills of Stonebridge development was platted in 1987 and this home was constructed in 1988. EXISTING CONDITIONS The existing single-family home has an attached two-stall garage. The lot is located on the cul- de-sac of Castleton Court. At its closest point, the house is set back 30.7 feet from the front property line, measured to the front corner of the existing front step. The existing front porch and stoop measures 4 feet by 22 feet and is 88 sq. ft. in area. According to the applicant, the existing front porch "isn't large enough to allow for comfortable seating or display." EVALUATION OF REQUEST Proposal -The applicant is proposing to remodel the existing home with both interior and exterior improvements. The applicant proposes convert a portion of the existing porch into finished living space (laundry room), and replace and expand the existing front stoop with a new covered front porch. The applicant's intent is to "remodel and enhance the front of the home with a modest but attractive covered porch ...." The proposed new porch is 8 feet by 24 feet and 191 sq. ft. in area. An increase of 103 sq. ft. The front facade remodeling plan includes round columns framing the front entrance and supporting the new gable roof elements above the proposed porch. Gable roof elements are also present above the garage and on the upper level of the house. A decorative stone foundation is also proposed. Planned future improvements that are not part of the current remodeling proposal include expanding the garage, replacing the existing deck with a conservatory, and adding a new deck on the rear of the home. These future improvements appear to satisfy current zoning code requirements and are not affected by the requested Variance. ~~ Plaruung Report -Forsberg Variance February 7, 2006 Page 3 Setbacks/Lot Coverage -The existing porch extends 4 feet out from the front of the house. The proposed new porch will extend 8 feet out from the house. At its closest point, the new porch will be set back 26.1 feet from the front property line; an encroachment of 3.9 feet into the required 30-foot setback. According to the survey submitted by the applicant the proposed porch addition will result in 12.1 % building coverage. This is less than the maximum allowed 20% building coverage. Minimum side yard setback standards are also satisfied. Variance Criteria -The Zoning Ordinance states that relief maybe granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a demonstrable hardship or difficulty. The subject site is approximately 13,735 sq. ft. in area. The Zoning Ordinance states that relief maybe granted provided that there are special conditions that apply to the parcel in question. It does not appear as though special conditions (i.e., topography, unique lot configuration, vegetation, etc.) are present on the property. A single family dwelling with a detached two-stall garage is present on the site. The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide Plan, but maybe inconsistent with the intent of the Zoning Ordinance.. That is, the purpose of the building setback provision is to prevent the overcrowding of properties and to provide green space. Since the request is to reduce the yard requirement, it appears to be contrary to the intent of the ordinance. A demonstrable difficulty is required to grant relief from the minimum required front yard setback. The applicant is requesting relief from a required minimum setback to allow for the construction of a 191 square foot open porch addition. The lot configuration is such that the front lot line is curved, presenting a practical difficulty for the front setback. However, this characteristic is shared by numerous lots located on cul-de-sacs elsewhere within the City. A reasonable use, single family dwelling with attached garage, is present on the site, so the owner has the same use as others on this street and would have the same opportunity for use of the property without relief from the Zoning Ordinance. The requested Variance appears to be a minimal request to accommodate an expansion of the existing porch, resulting in an updated architectural appearance of the home as well as a more usable front porch. It does not appear that granting of the Variance would result in any detrimental effects to the neighboring properties or the public. Similar Variances have been granted from the required front yard setback for the construction of open porches elsewhere in the City. These other Variances were for similar amounts and similar construction -reducing the front yard setback to accommodate open covered porch additions. ~t 9 Planning Report -Forsberg Variance February 7, 2006 Page 4 APPLICANT'S ESTIMATE OF HARDSHIP The applicant's stated hardship is the lot configuration because the lot is situated on a curve. The applicant's narrative states that if the front lot line were straight, the front porch would meet the required setback. The applicant further states "we believe we are ...maintaining the integrity of the home and neighborhood with a modest improvement." In addition, the applicant states "we believe the variance request is reasonable, not out of character with respect to adjacent properties, and consistent with the spirit and intent of City Ordinances." SUMMARY/CONCLUSION In summary, the applicant is requesting a 3.9 foot Variance to the required 30 foot front yard setback to allow a covered porch addition to the house at 733 Castleton Court. Asingle-family home with atwo-stall attached garage is present on the site. The applicant has stated that the hardship is that the front lot line is curved, which creates a practical difficulty for meeting the front setback. The elevation plan indicates the proposed porch addition, along with other architectural elements,-will result in a coherent and updated appearance of the home and a more usable front porch. Similar Variances have been granted from the required front yard setback for the construction of open porches elsewhere in the City. ACTION TO BE CONSIDERED To approve a Variance of 3.9 feet to the required 30 foot front yard setback for a covered porch addition to the house at 733 Castleton Court, legally described as Lot 7, Block 8, Hills of Stonebridge, in the NW %4 of Section 24. If approved, the following conditions should apply. 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 porch addition shall not exceed the size shown on the proposed site plan. 3. The addition shall comply with all other applicable Zoning Ordinance provisions. 4. A building permit must be obtained prior to construction. SO Eagan Boundary Location M a N Right-of-way N ~ Parnel Area N 0 Park Area ® Building Footprint v © $ Q -- ©~ c d ° 4 Cf Q + "', ~ O f~ Q © c ~... ~ ®® ~ .~ ® a ® 19 Y ~ ~. p ~ ~ uP ~ 6 0 e m ® & ® 9 _ 0 Q 8 0 9 Q 9 ~ 9 ~ _ 8 ~ E ' p '""...a ~ ® &5 0 ~ ~ 0 E? ~ Sro 7 ~~~ t ~ Q p ~ ~ - b 4`®.. 0 q !ate E. 6 0 ~ ®O ! ~®92PPe)F! ~ ® ~ h Cr ~ O ~ 0 8 ~® of 4Ppq 4 0~ © a ~ og+p ~ 8 ~ g® ~ e~ m ~~B o~~ ~ ~~~ ®d ~g ® g gam-- e~ ~+,`~ e,a~ ~ ~o ~ ° ~ Subject Site n Q a ~ ® q ~ . a- •® a Q ~ a 6 ~ 4 °' ® m i a d4 ~~ ® g ~ ~ ~ ti a ®~® ti g 4 o g _ 8 - ~ sm ® fp diw O g , - m ~ o:. p b ~ !A ® ~ 9 A' 0 4 8> ~ ~ B~ d d ® ~4 ® ® ®8® b ~, S~ fl 0 °O' ! p ~ oA 8 4 8 p 8 A8 ®~ j .,~ d O Leo 4~'4 ~~ 0 C .'t ~B ~ ~ ®D ! di ® .c9 ® ~ 0 a 4 ~ ® 8 a ' ea gy pr ® ©_ p~oR ~p c s B j 9 i O ~ ~ P S 4 ® s m~ i® ®~ ~ ~ ® & ® ®~ A © fv' a p° °B s 0 d_ o ®~ a® r~'~ ~® a fl b ® ® ~ q ® ®ty A op(}~mo ~ 4 ~ ~® 8 ® i 4 8 d ~ g ® 0. ~ .~ ~ ~ ~~ BEB o p ® a 0 g m a ® ® `• ~ ~ ® t~ 8 ~ ; A ~ ©g 9 s~0 ® 9 ~ ®~ ~ .B a O aQ da ®@ cb® p 8~ ~ ~ °® ~ a a s cQ . 0 ~4 0 0... d ~ PJ n ~Ca ~ 1000 0 1000 2000 Feet Development/Developer. Steven ~ Kathryne Forsberg Application: Variance Case No.: 24-VA-01-01-06 ~ / Map Prepared using ERSI lvcView 9.1. Parcel base map data provided N by Dakota County Office o/ GIS and is anent as of AprO 2005. THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of E~~~~ W E The City of Eagan and Dakota County do not guarantee the accuracy o/ this information and are S Community ewdapm.nt napaKm-wt not responsible for errors or omissions. PI~~EE~en~ineerin~ MendoDl Heigha Office Coon Rapids Office 2422 En[Crprise Drive CIVO. ENO9IEERS LAND PLANNERS LAND SfIRVEYORS LANDSCAPE ARCNffECT3 20185th Avenue N.W. Mendota Heighrs, MN 55120 Coon Rapids, MN 55433 (651)6811914 Fax:6819488 Mendota Heights Office (7173)7831880 Faz:7831883 Certificate of Survey for: MANLEY BROTHERS CONSTRUCTION 733 CASTLETON COURT, EAGAN, MN / - ~ OWNER:KATHY FORSBERG PROPOSED CON~~~TION 8976 ~ °°'' PROPOSED COVERAGE / , / - ~ ~ Q Q J LOT AREA =13,729 SQ FT / ' / - O 1 ~\ J Q e97.9 897.1 EXISTING HOUSE & GARAGE AREA =1,481 SQ FT ~N `,,' ~~~ // PROPOSED R OVERAGE=12.1X 0 ~ ~~~ 898.9 ~~(~j OQ, nr'1~ `~, 997.s ~ 3 V L4 2~ FUTURE COVERAGE 12,Z 00 0 LOT AREA =13.729 SO FT $y3,$3 „ ~ ~ PORCH AREA= 156 50 EF7 7,693 R p7 4g' 12 ~ ~ / ~ ~ ~ / s CONSERVATORY AREA=768 SO FT D' / I FUTURE R COVERAGE=14.78 ~' ~ / 997.3 ~ ~ ~ ~ 999.9 998.1 \~ 2 C0 ~ ~~. ~L 999.7 999.3 ~g / \ ~ F-Fi ti~ Srtic Sf. 903.8 903.2 i ~ Ll 904.] 904.3 904.1 1 '~. ~ ~- ' 1 O 1 ~ ~ Il / ~- T ' 1 1 / ~ 1 V / 1 ~ 1 // 900.9 7 11 ~ / ~ 1 \ ~ 11 / 1 1 / N \ 1 ~ 11 ~ sole N \ 11 13.00 899.6 904.3 / 1 fulw4 14.00 9~'3 ~ 1 a.cx 8 9DD.o FUTURE GARAGE / ~ ~11 s.I.vrlory - ,~~' ADDITION / 1 ~ _ ~~ 9033 ' / 999.1 903.4 2lbD \ 900.2 0 , ~~' 898.9899.8 899.} 59.99 1900. ~, 9019 \ ~' ~ 9027 903.} 90 .: 901.7 1~3 e~' 4/~__~ ~y~ 901.~~ 1 H 907.7 / 902.6 \ 901.fi ~ / 901.6 o EXISTING n \ `" HOUSE future ~ / 90}.3200' ~` house ~~\ GARAGE / 2 `~ 9033 , e,...\ ,... 29.76 903.4 ,n„ ~ 904.3 `_ ~ 9D417 j ~ ~ i i \ 1 Q] J C) ~~ \ N ~ N "] \. T 1 I I 1 I O 902.1 ~O J / `~ 30.83 B 903.9 9019 907.9 X DRIVEWAY 90J. 902.8 `~~ O 9020 901.3 / / / / $ 901.4 D_ 38'26' 12 " R=60.00 40.25 NOTE: PROPOSED GRADES SHOWN PER GRADING PLAN BY: // NOTE: BUILDING DIMENSIONS SNOWN ARE FOR HORIZONTAL ANO VERTCAL LOCAOON C/q STf ~TO OF STRUCTURES ONLY. SEE ARCNIIECTURAL PLANS FOR BVILOING AND /` FOUNDATON DUAEN90N5. 9022 NOTE: NO SPELIFlC SOILS INVESTGATION,)1AS BEEN COMPLETED ON THIS LOT BT TNEO SURVEYOR. THE SUITABILITY OF SOILS TO SUPPORT THE SPECIFlC HWSE wV 4~ 902.0 PROPOSED IS NOT THE RESPON98N.I7T OF ME fL1MVEYOR. 9020 NOTE: 7X15 CERDFlCATE DOES NOT PURPORT TO SNOW EASEMENTS OTNER n1AN TNOSE SNOWN Orl 7HE RECORDED PUT. NOTE: CONTRACTOR MUST VERffY DRIVEWAY DESIGN. NOTE: BEARINGS SHOWN ARE BASED ON AN ASSUMED DATUM 900.9 H W 2 90J.B 8 903.4 3 .O 0 Q~ O~Q i ~ li 1.4 ~%i In v 903.5 / ~ I O 902.6 ~ 902.1 I 1 ~ I I ,4 ~ / ` 903.3 'x 90}.3 S,4 3O QO ~ FxISTING AND PROPOSED HOUSE ELEVATION LOWEST FLOOR ELEVATION: N COURT TOB ®ELOOKOUTLEVEVATOION: 899.8 % 000.00 DENOTES EXISTING ELEVATION ( 000.00) DENOTES PROPOSED ELEVATION _ - _ DENOTES 01tA1NAGE AND UTILITY EASEMENT -~ DENOTES DRAINAGE ROW DIRECTION --0- DENOTES SPpLE $ DENOTES OFFSET HUB WE HEREBY CERTIFY TO MANLEY BROTHERS CONSTRUCTION THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF: LOT 7, BLOCK 8, HILLS OF STONEBRIDGE S~E ~~-'A~ DAKOTA COUNTY, MINNESOTA ~,T DOES NOT PURPORT TO SHOW IMPROVEMENTS OR ENCROACHMENTS, EXCEPT AS SHOWN, AS SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION THIS 5TH OAY OF DECEMBER, 2005. /~ L'~ S~~NEf SCALE 1 INCH = 20 FEET - J BY 105290000 MTWx2 IZIZCI(DS' Dan SHEET 2 OF 2 SHEETS _`PION GI ~ ~1 ~' Westergren License No. ,e, ~; ~r'~ ..~ ~: r------------ ------- 1 ~~~ ~1 it oG ~1 :,~ tl I _~ _ I ~ _Ji --- ~ -:°r:F 1 I 1 1 I 1 ~~~ 1 1 1 1 1 ~ 1 1 1 1 1 1 i 11 1 Ili1 1111 ~~~ €~ €~ ------------------- - ir s t S4 II 11 11 II ul ~~~, p~~ ~~ ao• ON.tJNr ~ ~ ~ ~~ e~ ~ KATHY FORSBERG ~ ~ 11 g aV~q~q u A ~ N i 11, I - ~ ;~ ' N~ggg~ b ~ III, al ~ - ~ --------- ------ I p r ~ I I r I ~ I I 6i I ~I I L J I I I 0o I I I ~ , I e I _ I I I/ I -~ I I rIT--~ I ... I I ~ I I 'T s ~~ ~4 ;~~ ~ I t~ r I '`F--~ I I ~ I X j~~,,~! I I---1 I ~~ I n ~ -- ~ ~ C I r . I l I i i .d . I $ I I~ • 1 1 i I I I x 3. `. I ~ Q I ~~ ~ I ~ I .~ f '„ 0' ~1 ~ s~ I I I ' ~ _.~,. I ~ ~ ~ ~ ~ ~ ~ i i I I/ ~ i./J ~ m I i - r- ~ I I I i ~l ~ I I ~~ I ~ I i I ~~ r I Ir-e I I L- ------ -- ---------~ _ r- ----------- ; -~ -- ~-~ 1 1 111 I _~ I ~-- F--' I I I I iii =__~'' I j -- ~~~ ~ ~ m ~~~ I ~~ ~ ~ ~~ i ~ ~~~i i ~ i ' £ ~ I r i I ~ I ~ I A~ I I ~ I I I I I a I I S I ~ I I I I I. R1 I I I I I I I I I I I I I I I I I L---------------~ I I L----~ I I sy ss ~D RSr-3EQ.C-, u Ai'-I ft NG(s EX 1 ST I N ~ t-4-~'"~t E o~nar2oos a~1-v~•oi-o~-oc~ 13-3 cP~sT~Ta~V January 9, 2006 Pam Dudziak City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Castleton~Court Variance narrative. Dear Pam, We are making application for a variance to allow for a proposed covered front porch addition that will intrude three feet eleven inches into the required thirty-foot setback area. Currently we have an existing stoop and small front porch leading to the home, which isn't large enough to allow for comfortable seating or display. Our intention is to remodel and enhance the front of the home with a modest but attractive covered porch, in what is a very popular feature in many cities with older housing stock. In fact, many first through third-ring suburbs in the Twin Cities have recently endorsed and allowed for similar encroachments into required setbacks for covered front porches in hopes of promoting and sustaining livable communities. The proposed porch at its closest point will be located 26.1 feet from the front property line, and will feature complementary building materials along with additional columns to enhance the street presence of the home. We meet all other City requirements for the parcel, including the hardcover calculation which amounts to only 14% with all proposed site improvements, and which is far less than the 20% City requirement. In addition, the proposed porch is a mere 103 square foot increase over the existing porch and stoop area. We hope the City Council would consider granting the variance as we believe we are enhancing the existing neighborhood, but still maintaining the integrity of the home and neighborhood with a modest improvement. 'We believe the hardship present is due to the lot configuration, as the property is not square and is situated on a curve. If the front lot line was parallel to the home rather than curvilinear, the proposed front porch would meet the required 30-foot setback. We believe the variance request is reasonable, not out of character with respect to adjacent properties, and consistent with the spirit and intent of City Ordinances. We have also spoken to our adjacent neighbors regarding our plans, and who have expressed their support for our remodeling efforts. It is our intent if the variance is granted, to complete construction activities in 2006. Sincerely, Kathy F rsberg ~ !~ ~` ~ `~ ~ ~ :; ~~.'; Q~ 2006 s~ Agenda Memo February 7, 2006 Regular City Council Meeting NEW BUSINESS: A. Carrier /Homing Pigeon License for Dahn Dao ACTION TO BE CONSIDERED: Approve (or deny) License for Carrier /Homing /Racing Pigeon License Dahn Dao, 3880 Princeton Trail. FACTS: • The Eagan City Code Section 10.12 provides conditions under which a license for the keeping of pigeons can be issued. The City Attorney has advised that licensing is a ministerial function of a City and, provided that an applicant meets the conditions in the City Code for such a license, discretion to deny the license is limited. Licenses are to be issued on an annual basis. • Through a citizen complaint, staff learned that pigeons were being housed at 3880 Princeton Trail. A letter was sent to the property owner explaining the licensing requirements. • Kathleen Gilbertson, Animal Control Officer, visited the property and concluded that the current coop on the property met animal control's minimum requirement for bird housing. After site inspections were conducted by Mary Granley, Code Enforcement Officer, it was determined that the construction of the coop could not be defined as being "kept in good repair" as required by Section 10.12, Subdivision 7 of the City Code. In addition, the coop did not meet the Property Maintenance Code requirements addressed in Section 10.53, Subd. lA ofthe City Code. A list of corrections that needed to be made to the coop was provided to the property owner. A completely new coop was constructed on the property. • On February 2, Code Enforcement Officer Granley conducted an inspection of the new pigeon coop and concluded that it conforms to the property maintenance requirements of the code. The property owner was directed to remove the old coop by Monday, February 6. An inspection of the property will be conducted on Monday and follow-up information will be included in your additional information packet to be sent out Monday afternoon. • While the structure may conform to code requirements, complaints have been received from neighboring property owners about the keeping of pigeons generally in a residential area and a petition was submitted opposing the pigeon license. • Staff contacted Dakota County Environmental Health Specialist Bev Schomburg regarding health concerns raised by the neighboring property owners. Ms. s7 Schomburg stated that the County has no specific requirements regarding the keeping of pigeons. She explained that should a roosting area be located near an air intake leading to an occupied space, occupants with respiratory sensitivities could have a problem. She further stated that given the distance from the coop to inhabited spaces, she was satisfied that there most likely would not be a health- relatedproblem. At the time of the inspection on Monday, February 6, 2006 staff will confirm whether the new structure conforms to both maintenance and licensing requirements and that the birds housed in the structure are properly registered, marked or banded and that the structure is equipped to allow the owner to manage the birds consistent with the licensing requirements. If the conditions are met, the item will be order for consideration. If the conditions are not met, it will be recommended that the item be pulled from the agenda and not be considered at this time. Mr. Dao and the neighbors will be informed of the expectation in either case. ATTACHMENTS: • A copy of t e application for acarrier /homing /racing pigeon license is attached as pages through. • orrespondence between staff and the applicant is attached as pages ~ through • Correspon ence with Lawrence Reuter regarding health concerns is attached as pages ~ through ~, along with a petition from area residents. • A staff memo addressing issu raised in Mr. Reuter's correspondence is attached as pages _~ through • A memo from the City Attorney is attached as page ~~ • Pictures ginal structure and new structure are attached as pages through Color copies of the pictures will be available at the City Council meeting. ~g CITY OF EAGAN CARRIER HOMING /RACING PIGEON LI ENSE APPLICATION 3830 Pilot Knob Road License Fee: $50 Eagan, MN 55122 Renewal Fee: $50 651-675-5000 Name of Applicant i-~i~,r~, h ~"l f~ Street Address c~~v$~ ~ r 1 n Ct, ~(h~ Tr~+ City, State, Zip _C~ cL1'1 f`1 TJ s~ J.~ ?j J Telephone Number (o S 1 - ~ ~6 ~ Z ~ Location of structures where pigeons aze to be housed, if different from above address: Legal Description of property: v Name of Owner of Property (if different from ~applicant)~ Address: `~,~~ Number ofpigeons to be kept and hazbored on the premises: .~. Verification of identification marks stamped on each pigeon or each carrier pigeon is banded upon the leg with the name or initial of the owner or an identification registration number stamped on the band. '~"l,,e. 1' ; ~,~ .~ ~-.~-L~s ~ t~L-M;~~ ~.....-,~- b ~.N /f n /a u ~,,~,~~r ~E: cvz~, ~ ~ sS ~~ ~ A sketch plan of the premises on which pigeons are to be kept, including the location, dimensions and design of the loft must be provided with this application form and comply with specifications outlined in the City Code, Chapter 10.12. License must be renewed annually. sq ~~ ~~ I~ ~ rr i %2 ~~" ~~~~i ,~re~"~ 3~~t i .~ ;- ~,~ ~~ 1 ~ ~ ~` r do December 16, 2005 Mr. Dahn V. Dao 3880 Princeton Trail Eagan, MN 55123 RE: 3880 Princeton Trail, Pigeon Permit Application and Pigeon Coop Dear Mr. Dao: The City of Eagan continually monitors health, safety, and aesthetic standards by enforcing land use requirements set by City Code. This letter is sent to you to notify you of the conditions of the pigeon coop which require correction prior to the City Council further considering your pigeon permit application. The permit application is scheduled to be heard by the City Council on January 17, 2006. After initial consideration of your permit request, it was concluded the coop may meet animal control's minimum requirement for bird housing, but the construction cannot be defined as being kept in good repair as required by Sec. 10.12 Subd. 7 Harboring carrier pigeons. In addition, the coop does not meet the Property Maintenance Code requirements addressed in City Code Section 10.53 Subd. 1. A. with regard to the following subsections, and the following corrections must be made: Sec. 10.53 PM 2-Exterior Surfaces Exterior surface condition; all siding, screening, etc. may not have deterioration, holes, breaks, gaps or loose siding or screening. Screened loft area must be securely attached to and supported by the base exterior walls and support brackets. Shelf brackets and white wire shelving are not exterior grade materials, and therefore must be protected from the weather. The screened loft area must be kept in sound and good repair, free of hazardous conditions, anchored to the site and capable of supporting the imposed loads. The screened loft must be attached well enough to support 35 lbs. per square foot of snow load. Rope and wire do not provide a sound connection for the building materials to attach to the structure. Ladders must be removed from the perimeter of the structure when not in use, and stored within the garage. Sec. 10.53 PM 7-Roofs & Drainage Condition Roof structure condition; rooting must be maintained in good repair and attached securely to exterior walls and to the screened loft area. Siding should not be used as roofing material. The City requires that corrective action be taken to assure the pigeon coop is complying with the above requirements. These corrections would need to be made by Friday, January 6, 2006 in order for the City Council to consider your application at the January 17, 2006 City Council meeting. .Please contact me as soon as you are satisfied you are meeting all of the above requirements, and the coop will be inspected for compliance. However it is important for you to know, Mr. Dao, it has been our experience that when there are numerous construction corrections required to have a structure be compliant, such as in this case, it maybe easier for you to attain compliance by tearing down the structure and starting over. 6/ Enclosed for your use is a handout outlining basic construction methods and materials for typical pigeon lofts. This information was obtained from the web for you as a courtesy only, and is not meant to be a set of requirements established by the City. Thank you, Mr. Dao, for your application and for your patience while your application is under consideration. We appreciate the extra work on your part that may be necessary to assure the coop will meet all health, safety, and structure maintenance and appearance regulations, and we look forward to your cooperation in complying with this request. Please contact me at 651-675- 5690 should you have any questions regarding this request, and when you are ready to have the coop reinspected. Sincerely, Mary G. Code Enforcement Cc: Mira Pepper, Deputy Clerk Jeff Wheeler, Building inspector Dale Schoeppner, Chief Building Official Mike Ridley, City Planner 6a February 2, 2006 Mr. Dahn V. Dao 3880 Princeton Trail Eagan, MN 55123 RE: 3880 Princeton Trail, Pigeon License Application and Pigeon Coop Dear Mr. Dao: The City of Eagan conducted a final inspection of your new pigeon coop on February 2, 2006. The new coop meets the minimum requirements necessary to apply for a pigeon license. You may now remove the pigeons from the old coop and house them in the new coop. Thank you for complying with the City's request. Please dismantle and dispose of the old coop that does not meet the code requirements. The old coop must be removed for your property to be compliant with City Code. Please contact me at 651-675-5690 when the coop has been dismantled and removed from the property. We will do a final inspection of your properly on Monday, February 6, 2006, and report to the City Council on the status of your property, and if the old coop has been removed your license request will then be sent to the City Council for their review and consideration. Thank you, Mr. Dao, for your hard work constructing the new coop so quickly. We appreciate your effort and hard work. Again, please contact me when the old coop has been dismantled and removed from your property, and we will conduct the property inspection on February 6, 2006. Sincerely, Mary Granley Code Enforcement Cc: Mira Pepper, Deputy Clerk Jeff Wheeler, Building Inspector Dale Schoeppner, Chief Building Official Mike Ridley, City Planner 63 January 23, 2006 Lawrence Reuter 3886 Princeton Trail Eagan, MN 55123 RE: Our phone conversation of January 20, 2006 Dear Larry, Thank you for contacting me with your questions concerning the pigeon license application procedure. You were concerned with possible health code issues regarding the keeping of pigeons in residential areas. As we discussed, I spoke. with Dakota County Environmental Health Specialist Bev Schomburg concerning the health impact of pigeons being cooped within this residential area. Bev stated they have no specific requirements regarding the keeping of pigeons. She further explained that pigeon feces can breed harmful bacteria, but the roosting area would have to be near an air intake leading to an occupied space. If the occupants have respiratory sensitivities, it could be a problem for them. She was aware of one instance where a wild pigeon nest required removal as it was located in this type of situation. I gave Bev the distance information of the coop to inhabited spaces, and she was satisfied there most likely would not be ahealth-related problem because of the coop as it is not near any air intake mechanical equipment whatsoever. Should you have further questions relating specifically to environmental health, you may contact Bev at 952-891-7552. Again, thank you for contacting me concerning this matter. If you have further comments or questions pertaining to this pigeon license application, you can contact me at 651-675-5690. Sincerely, Mary Granley Senior Code Enforcement Technician Cc: Bev Schomburg, Dakota County Environmental Health 6f January 30, 2006 Mr. Michael Ridley Eagan City Plamiing Conunission Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 In Re: Application for Pigeon License at 3880 Princeton frail Dear Mr. Ridley: I am writing to you at the suggestion of Mary Granley regarding my objection to the above Application by the resident of 3880 Princeton Trail, Danlt Dao to harbor pigeons on leis property. In reviewing his application, it appears that Mr. Dao did not provide the legal description of his property. You are probably aware that Princeton Trail is part of a development in Eagan known as Lexington Square. I would like to address the City Council when this Application will be considered. Please confirm for me the date, time and location of when this review will occur so that I may attend. Please send me any guidelines available for citizens to address the council under these circumstances. I have enclosed for your review and for distribution to the City Council for consideration, the following items: A copy of a Petition signed by thirty residents of Lexington Square. 2. Four sets of photographs of the pigeon coops currently standing in Mr. Dao's backyard. 3. IPM for Pigeons in Schools, Bio-Integral Resource Center, Page 343 sununary of pigeon nuisance and hazard concerns. 4. Page 1 of 4 American Racing Pigeon Union, Biosecurity for Pigeon Lofts. 5. Pages 1-8: "What Avian Diseases Can be Transmitted to Humans", by Jacqueline P. Jacob, Jack M. Gaskin, Henry. R. Wilson, and F. Ben Mather, World Budgerigar Organization. 6s 1 would appreciate receiving from you a copy of your background investigation and any comments or considerations that the Council will receive regarding ibis application. Thank you for your assistanc Very truly; ~~irs, ~aw~i-ence G. Reuter ~~' 3886 Princeton Trail Eagan, MN 55123 651-637-0450 (work) 651-681-0644 Cc: Mary Granley (w/enclosures) 6~ All About Bird Diseases and Humans All About Birds ~ Uogs ~ Cats Laird I)iscases and Llumans Page 1 of 9 Ilorscs ~ Small ~~ I+;xotic L'cts What Avian Diseases Can 13e 'I'rausmitled 1~~ Humans? Avian Diseases Transmissible to I Iuuians 1 By Jacqueline P. Jacob, .Tack M. Laskin, I-Ienry R. Wilson, and F. Ben Mather2 Bird-keepers (pet bird owners and poultry producers) should be aware that some avian diseases can be transmitted to humans. It is important to note, however, that such diseases are uncommon enough that they should not discourage bird-keeping. For most . ~ people avian diseases do not pose a serious threat, but - bird-keepers should be aware of them and seek medical assistance if necessary. Zoonoses refer to infectious aniu~al diseases that are communicable to humans. The infectious agents can be protozoal, fungal, bacterial, chlamydial or viral. Individual susceptibility and the seriousness of these various microbial infections varies with age, health status, immune status (iimnunodeficient or immunosuppressed), and whether early therapeutic intervention is sought. The ability of a microorganism to make a person sick varies with the virulence of the organism, the dose to which the person is exposed, as well as route of infection. Chlamydiosis, salmonellosis, arizonosis, and colibacillosis are the most corrunon of these infections. Chlamydiosis, salmonellosis, eastern equine encephalitis and avian tuberculosis may be serious and even life- threatening. Chlamydiosis Chlamydia psittaci , an unusual bacteria-like organism, occurs worldwide and affects snore than 100 avian species. It causes a disease called psittacosis or parrot fever when it occurs in psittacine birds (curve-beaked, like parrots, parakeets, etc.)and the disease is called ornithosis when diagnosed in all other birds or in humans. In the U.S., Chlamydiosis is a major problem with turkeys, pigeons, and psittacines. In Europe, the main avian species affected are ducks and geese. Some birds (turkeys) are extremely susceptible to Chlamydiosis, while others (chickens) are more resistant. ~~ http://petcaretips.net/bird-disease-transmit-human.html 1/23/2006 All About Bird lliseases and Humans Page 2 of 9 Ads by Goooooogle Chlamydiosis is primarily transmitted by inhalation of . contaminated fecal dust and is spread by carrier birds, which act as the main reservoirs for the disease. The organism is excreted Bird Flu in both the feces and nasal secretions. Shedding is sporadic and Protection. Kits Protection Products is usually induced by stress. A carrier slate can persist for You Need Prices years. The organism survives drying, which facilitates oral You Can Afford spread and allows transmission on contaminated clothing and www.birdilufree.com equipment. Chlamydiosis can be transmitted bird to bird, feces to bird, alid Uird to human. Human to human transmission can occur, mainly by exposure to patient's saliva. Infectious ~ Chlamydiosis is an occupational hazard for persons working with Diseases are _a. psittacines (parrots, parakeets, etc.) and pigeons, or for people Major Cause of working in turkey slaughter plants and avian diagnostic Death Worldwide. laboratories. Learn More -You Can Help! gtobatneatu,.org The incubation period for chlamydiosis is 4-15 days, although 10 days is most common. In affected birds, diarrhea, coughing, and ocular and nasal discharges are common signs. There may be a high mortality rate if the disease is unrecognized or untreated. With Nano Mask turkeys there is a drop in egg production. In humans, Nanotechnology chlamydiosis manifests itself as a feverish 1•espiratory disease. enhanced filter There is usually a sudden onset with chills, muscle and joint media. Free pains, headache, cough, loss of appetite, and chest pains. Shipping! Complications may result from an enlarged spleen, inflammation of www.gotpotlution.com the heart muscle, al~d a reduced heart rate. Affected birds must be treated with chlortetracycline or other similar broad-spectrum antibiotics for up to 45 days to clear the Disease infection. Pigeons and turkeys may require long- term flock Prevention Guide therapy to eliminate carl•iers. Free Tips 8~ Info Disease Prevention Live Long Be Affected humans are treated with tetl-acycline for at least 21 , Strong, Live Well da s Because this antibiotic ma become irreversibl bound to y - y y HealthMBA.com Certalll minerals, the calciuul content of food needs to be kept low during treatment. Advertise on this site Ill Florida, chlamydiosis is a reportable zoonotic disease for both health and livestock officials. The Department of Agriculture and Conswner Services must be notified of any birds found to be infected with Chlamydia psittaci . If a person is suspected of having ornithosis, the county public health office must be notified within 48 hours. Salmonellosis There are approximately 200 different serotypes of Salmonella species. Most animals are susceptible to salmonella infection. This bacterial disease occurs most frequently in stressed individuals. Many infections are subclinical. Common clinical symptoms in all species include diarrhea, vomiting, and a low-grade fever. Infectiol~s -can progress to dehydration, weakness, and sometimes, especially in the very young or very old, death. In severe cases there can be a high fever, septicemia (blood poisoning), headaches, and an enlarged painful spleen. Focal infections may occur in any organ, including heart, kidney, 6'~ http://petcaretips.llet/bird-disease-transmit-human.html 1 /23/2006 All About Bird Diseases and Humans Page 3 of 9 joints, meninges (membranes which surround and protect the brain and spinal cord), and the periostcum (fibrous membrane of connective tissue which closely surrounds all bones except at the joints). The incubation period is 6-72 hours, although 12-36 hours is most common. Salmonella are transmitted by ingestion of food contaminated by fecal matter (fecal-oral route). Excretion of the bacteria commonly varies from a few days to weeks. In some instances (e.g., S. typhi, typhoid fever) infected persons can shed bacteria for life. S. enleriditis in avian fecal material is able to penetrate eggshells, and may be present in uncooked eggs. In most cases, treatment of salmonellosis simply involves treatment of the symptoms with fluids and electrolytes. Antibiotics such as chloranrphenicol, nitrofurans, or ampicillin are only indicated when the bacteria has localized in areas of the body peripheral to the intestinal tract. In Florida, salmonellosis is a reportable zoonotic disease for both health and livestock off cials. The Department of Agriculture and Consumer Services must be notified of any birds found to be infected with Salmonella species. If a person is suspected of having salmonellosis, the county public health office must be notified within 48 hours. Colibacillosis Colibacillosis is caused by Escherichia coli infection. E. coli is a bacteria which normally inhabits the intestinal tract of all animals. There are a number of different strains, many species-specific. Not all strains are pathogenic. In poultry, E. coli infections may cause septicemia, chronic respiratory disease, synovitis (inflammation of the joints which can lead to lameness), pericarditis (inflammation of the sac around the heart), and salpingitis (inflammation of the oviduct). Humans with colibacillosis usually manifest diarrhea which may be complicated by other syndromes depending on the E. coli serotype. These complications may include fever, dysentery, shock, and purpura (multiple small purplish hemorrhages in the skin and mucous membranes). The incubation period is 12 hours to 5 days, although 12-72 hours is most common. Transmission is via the fecal-oral route. Colibacillosis is often food- or water-borne. In most cases, symptomatic treatment (fluids, antidiarrheals) is all that is required. In more severe infections, antibiotics such as tetracycline and chloramphenicol may be necessary. In Florida, colibacillosis is not a reportable zoonotic disease. Arizona Infections (Arizonosis) Arizona infections are caused by the bacteria Salmonella arizona . S. arizona occurs worldwide. It occurs most frequently in ~~ http://petcaretips.net/bird-disease-transmit-human.html 1 /23/2006 All About Bird lliseases acid I-lumans Page 4 of 9 reptiles and birds, but all animals arc probably susceptible. The young are at greatest risk. In most poultry species S. arizona infection results in reduced egg production and hatchability. Poults and chicks sliow weakness, anorexia, and shivering. Outbreaks in turkeys, chickens, and canaries can have up to 60% mortality. In humans, diarrhea is most common. Many infections are subclinical. Septicemia can occur in immunocompromised individuals. The incubation period is 6-72 hours, although 12-36 hours is most common. Transmission is by tl~e fecal-oral route. There is some transmission through eggs. Infected birds can become long-term intestinal carriers. Numerous antibiotics reduce case fatality, but do not clear intestines of the carrier state. S. arizona is somewhat less hardy than most salmonella but can survive for months in soil, feed and water. Arizona infection is not a reportable zoonotic disease in Florida. Eastern Equine Encepl-alitis Eastern equine encephalitis (EEE) is caused by a. RNA virus in the genus Alphavirus ,family Togaviridae. Outbreaks can occur in commercially raised pheasants, chickens, bobwhite quail, ducks, turkeys, and emus. Abdominal distress and dysentery are the most obvious signs. EEE ismosquito-borne. The virus circulates in a mosquito-bird cycle in which passerine birds (i.e., song birds such as swallows, starlings, jays, and f aches) are the most common reservoir. The mosquitoes become infected and feed on birds, horses, and humans, further spreading the infection. In pheasants, initial infection is mosquito-borne, but additional dissemination occurs by pecking and camlibalism. Most epidemics occur between late August and the first frost. Cases may occur year-round in areas like Florida which have a prolonged mosquito season. EEE usually affects persons under 15 or over 50 years of age. In adults there is a sudden onset of liigli fever, headache, vomiting, and lethargy, progressing rapidly to neck stiffness, convulsions, spasticity, delirium, tremors, stupor and coma. In children, EEE is typically manifested by fever, headaches and vomiting for 1-2 days. After an apparent recovery, encephalitis (inflamr~~ation of the brain) is characterized by quick onset and great se~~erity follows. Retardation or other permanent neurologic consequences are common in survivors. EEE is not a reportable zoonotic disease in Florida. Avian Tuberculosis Avian tuberculosis is caused by the bacteria Mycobacterium avium ~O http://petcaretips. net/bird-disease-transmit-human.html 1/23/2006 All About Bird Diseases and Humans Page 5 of 9 which is closely related to lHe human and bovine tuberculosis bacteria. In birds, M. avium causes a chronic debilitating disease with tubercular nodules. In humans, M. avium infections can cause local wound infections with swelling of regional lymph nodes. The infection is most severe in itntnunocompromised individuals. M. avium is spread by ingestion of food or water contaminated by feces froth shedder birds. Tuberculous poultry flocks should be depopulated. While most Mycobacterium infections are treatable with antibiotics, M. avium infection is the exception. M. avium is highly resistant to antibiotics. Surgical excision and lymph node removal are often necessary to eliminate infection. In Florida, avian tuberculosis is a reportable zoonotic disease for both health and livestock officials. The Department of Agriculture and Consumer Services must be notif ed of any birds found to be infected with Mycobacterium avium . If a person is suspected of having tuberculosis, the county public health office must be notified within 48 hours. Histoplasmosis Certain fungi prefer to grow in soils enriched with avian manures. Histoplasma capsulatum is one of these. The fungus is also associated with construction sites and caves. Birds are not susceptible to infection, but Histoplasmosis can affect humans, dogs, cats, cattle, sheep, horses, and many wild mammals. The incubation period is 7-14 days. Most cases in humans are asymptomatic. Disease may be manifested in three forms: acute pulmonary (most common), chronic cavitaty pulmonary, and disseminated. The acute pulmonary form is influenza-like and lasts up to several weeks. It is characterized by chills, chest pain, nonproductive cough, fever, and malaise. The chronic form occurs in people over 40 and resembles tuberculosis. It is characterized by a productive cough, pus-like sputum (material expelled from the respiratory passages), weight loss, and shortness of breath. The disseminated form occurs in the very young or the elderly. Lesions include enlarged spleen and Iiver, and mucosal ulceration. The disseminated form of histoplasmosis can be fatal if not treated. Amphotericin B has been used to treat histoplasmosis. Transmission occurs by inhalation of spores produced by growth of the mold. Histoplasmosis is not a communicable disease. The reservoir is the soil, especially v,-hen etuiched with droppings from birds or bats. Wet the area and wear a face mask or respirator when working in suspect surroundings. Spraying the soil with a formaldehyde solution has been used to kill the fungi. Although this disease is avian-associated, it is not a zoonotic disease, because the reservoir is soil and not the birds. This is, however, of little consequence to the unfortunates who become infected. ~! http://petcaretips.net/bird-disease-transmit-human.html 1 /23/2006 All About Bird Diseases and Humans Page 6 of 9 In Florida, histoplasnwsis is a reportable disease. If a person is suspected of having histoplasux~sis, the county public health office must be notified within 48 hours. cryptococcosis Another fungus that prefers to grow in soils eiu-iched with avian manures is Cryptococcus neoformans. "the incubation period is probably weeks. Infections ai•e seen in many mammals, but occur most frequently in humans, horses, dogs, and cats. Infections are rare in birds. Transmission of cryptococcosis is usually by inhalation of this yeast-like fungus, although it can occasionally occur by ingestion. Humans can pick up cryptococcosis from exposure to old pigeon nests or droppings. In humans, cryptococcosis is manifested as meningitis or meniugoencephalitis, and it is usually preceded by pulmonary infection with cough, blood-tinged sputum, fever, and malaise. The course of the disease is usually chronic. There is usually fever, cough, chest pain, and spitting of blood from the respiratory tract, followed by headache, stiff neck and visual disturbances. As with histoplasmosis, ibis disease is avian-associated, but not a zoonotic disease because the reservoir is soil and not the birds. In Florida, cryptococcosis is not a reportable disease. Cryptosporidiosis Cryptosporidiosis is caused by protozoa of the genus Cryptosporidium .There are three luiown species, C. baileyi , C. meleagridis and an unnamed species in quail. Cryptosporidiosis normally causes respiratory problems in chickens and turkeys. It can also cause gastroenteritis and dian•hea. In humans, it causes abdominal pain, nausea, and watery diarrhea lasting 3-4 days. In inununocomproinised people, it can cause severe, persistent diarrhea with associated malabsorption of nutrients and weight loss. The incubation period is 3-7 days, and it is spread via the fecal-oral route by ingestion of infective oocysts. In Florida, cryptosporidiosis is a reportable disease. If a person is suspected of having cryptosporidiosis, the county public health office must be notif ed within 48 hours. Allergic Alveolitis Allergic alveolitis, also known as pigeon breeder's lung, budgerigar dander pneumoconiosis, and a variety of other complex names, is one of the most significant avian zoonotic diseases. It may occur as an acute, subacute, or chronic problem. Clinical signs are caused by reduced lung capacity due to a ~~ http://petcaretips.net/bird-disease-transmit-human.html 1/23/2006 All About Bird Diseases and Humans Page 7 of 9 hypersensitivity reaction to feathc~s, dander, or fecal dust. Inflammation of the pulmonary air exchange units (alveoli) is the inciting lesion. The acute form of the disease is usually precipitated by an overwhelming exposure in a previously sensitized individual, such as that which might occur in cleaning out a pigeon loft. Symptoms occur within a short time, and include cough, difficult respiration, fever, and chills. If exposure ceases at this point, the symptoms resolve and no treaUnent is necessary. Chronic, low-grade exposure is more serious, and symptoms may be mistakenly attributed to a stubborn cold or flu. Affected individuals have a cluonic nonproductive cough, exercise intolerance, and weight loss. Perulanent lung lesions may develop, including pulmonary f brosis that reduces gaseous exchange and lung capacity. Chronic allergic alveolitis can develop in as little as 2 years, but usually takes 10-20 years. Patients diagnosed with the clu-onic form of the disease may have no choice except to eliminate all exposure to birds. Exposure to even minute quantities of feathers, dander, or feces may precipitate a recurrence of severe respiratory distress. The severity of the disease can be reduced by wearing face masks while cleaning cages, cleaning cages daily, bathing pet birds frequently, and installing air purification systems. Conclusions Bird-keepers should be aware that they can contract certain illnesses from their birds. The frequency of disease transmission from birds to humans is low, but the very young, the elderly, acid those with compromised immune systems should be cautious. Many of these diseases are transmitted by ingestion of food contaminated by fecal matter. Prevention of most of these diseases, therefore, simply involves proper hygiene and sanitation. Wearing a face mask to avoid inhaling bird dust is also recommended. If you have persistent flu-like symptoms when no one else you know is affected, see a doctor and mention that you raise birds. Such symptoms may be indicative of a disease spread from birds to humans. Footnotes 1. This document is FACT SHEET' PS-23, one of a series of the Dairy and Poultry Sciences Department, Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida. First printed August 1997. Please visit the FAIRS Website at http://hammock.ifas.ufl.edu. 2. Jacqueline P. Jacob, poultry extension coordinator with Dairy/Poultry Sciences, Jack M. Gaskin, associate professor with Veterinary Medicine-Pathobiology, Hemy R. Wilson, professor with Dairy/Poultry Sciences, and F. Ben Mather, poultry extension ~~ liltp://petcaretips.net/bird-disease-transmit-human.html 1/23/2006 All About Bird Diseases and Humans Page 8 of 9 specialist with Dairy/Poultry Sciences, Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida, Gainesville, 32611. Copyright Liforination This document is copyrighted by the University of Florida, Institute of Food and Agricultural Sciences (UP/IFAS) for the people of the State of Florida. Uli/IFAS retains all rights under all conventions, but permits free reproduction by all agents and offices of the Cooperative >/xtension Service and the people of the State of Florida. Permission is granted to others to use these materials in pact or in full for educational purposes, provided that full credit is given to the UP/IFAS, citing the publication, its source, and dale of publication. Acknowledgement This article by Jacqueline P. Jacob, Jack M. Gaskin, Henry R. Wilson, aild F. Ben Mather is supplied by the World Budgerigar Organisation (www.worldbudgerigar.org), as part of their encouraged exchange of research information, and reprinted with kind permission from American Budgerigar Society Magazine. See Also: Index. of All Bird Care & Birdie Fun Stuff Search Our Site Petey_& Yetuuia's Bii•d Supplies & Gift Shop Free:. Tppy_&_Alfretl's. tun 1'et Newsletter Absolutely Adoraf~le Stuffed flush Birds Colorful Bird Calendars Beautiful Bird Posters ~y http://petcaretips.net/bird-disease-transmit-human.html 1 /23/2006 SECtION 8.3 II'M for Pigeons in Schools Adapted fiom Material by W. Quarles, Bio-Integral Resource Center Pigeons not only make themselves a nuisance by their roosting and nesting activity and their noisy behavior, but they also carry and transmit a variety of human and avian diseases. Pigeons and their nests can also harbor a number of ectoparasites tha~ are known to attack humans. Pigeon droppings deface buildings and statues and their acidity can hasten the deterioration of these structures. Droppings can foul areas where people walk, sit, or work and in large amounts can kill vegetation and produce flies and objectionable odors. Droppings that accumulate on stairs, fire escapes, or other walking surfaces make these areas slippery and dangerous. Debris from pigeons and their nests can clog gutters, downspouts, and drains. Pigeons are known to carry and transmit diseases to humans through their droppings, especially when the Eeces dry and particles become airborne. It is rare for health officials to specifically attribute disease outbreaks to flocks of pigeons. The poten- tial for transmission however is real and should be taken seriously when these birds live in close proximity to humans. Diseases spread by pigeons include aspergillosis, candidiasis, cryptococcosis, encephalitis, histoplasmosis, Newcastle disease, ornithosis, salmaiellosis, and toxoplasmosis. Bio ogy Typically, the feral pigeon (Columba Livia) has a gray body with a whitish rump, two black bars on the secondary wing feathers, a broad black band on the tail, and red feet. Color variations include brown, rust, mostly white, and blackish. Pigeons are gregarious birds that flock together in groups of several hundred. They move about, feed, and fly together. Eacli feeding flock is associated with a particular food source, but the individuals in a feeding flock tray disperse to other flocks that roost and loaf in dilrerent areas, some close to the food source and some distant. Roosting, nesting, and loafing (daytime resting) sites tend to be located in high, protected areas, such as building ledges and roofs, drain spouts, steeples, and other architectural details that provide suitable space. Being creatures of habit, pigeons routinely feed, nest, and roost in the sane places. In rural areas pigeons feed on grain and seeds such as corn, wheat, rye, barley, millet, sunflower seeds, and rape seeds. In urban areas, they scavenge for bread, garbage, fruits, greens, and weed seeds. Pigeons occasionally feed on insects and livestock manure. Like chickens, pigeons need grit in their crop co grind up their food. Pigeons Dave several broods per year, and some- times lay a new clutch of eggs in the nest before the fledglings are ottt. Although breeding continues year arowid, it peaks in spring and summer. Detection and Monitoring A detailed and accurate survey is necessary before you design a management plan. You will need to consider all the factors that affect the bird problem including public relations and local, state, and federal laws that impact management methods. The survey process may be time consuming and labor intensive, but the effectiveness of your manage- ~S TO: THE EAGAN CITY COUNCIL RE: APPLICATION FOR PIGEON LICENSE A"I' 3880 PRINC"I'ON "TRAIL I, the undersigned, am opposed to the Application for a pigeon coop and license at 3880 Princeton Trail, and request that the City Council deny this Application. Date Name c---7 Address __ Telephone /-.:7 ' ~-C'G- `~~ Vic, lC.!~-~c ~ ~' ..~~c.• ~-. f/~- ~..~ '~ "~-/ ~ f c ~ / / .-' .. --11 Y• J(-. _„I/ a 'is~rL~ ~ :i1~°~ ~3 ,r ~';;,. •x•70 ~~/,c i Vii- ysZ :/>3 J ~~'-C i:• ,~! .c,~(~~~ 1'~a: iE:~.,,../ .r'~.t~v f'/'/~y _I•n,.y t ~ f.c<< (~S"/ - G,~,'~-L c.' 3 (~ I •~Y'Ut .tz?t~~~-:Y .~,.~"r= ?s'~3 ~v,r~ ,,~-t,, ~ ~<< Lc (,5~~ YS•~ -~L-T y I-t~-Lb ~" ~,~icC- ~:~~-1i~+v _~~L-~ Pry:, ('~/~:~L Sl ~~~~= ~V(~'1~1 ,, . ~ , ~ ~ ' 1 J~7 /f, :~ r I _ T _ - -p ~ ~ - ~_ Y y_ oy~ _ r T ~ ~~~. /G~~I..t' ~'/ c. ~. /~I ? 1~f~ ~`l, V'~~4H ilTr //. ~5 4~' ~~•~{•5,.~~ ~ ~~ ~G~ C,~': -~ t:.~ r3~ !V ~3~~1 Cis '~r~~--n~a,7• rte. ~1~ ~,~'~~3~ ., -, 1 `•'S ~-~~.~ ~ ~~ ~3`~: TCY~~/.. I{^•J7? ~+t• `\`~•' r ~ ~v^i ~ S !~ ~C ,. l.'Vr..C{Sc~C'1 I _ \ _ V ~ ~~ ~~ .~E~L.[-Sr( (- ~~Gler - ~lrS~~ ~LU~[(f~'~~ T " ~sr •-~~~`Z7~ y~ ~6 nerican Racing Pigeon Union ~ Homing Pigeons ~ Sport Flyers ~~neric~n ~~cing ~ig~ar~ Ur~~a~ Page 1 of 3 About i iie AU Informs`ion & Events Promotions & h1edia Relations Special Interests Lost Bird In`o ~1^I~om~ Biosecurity for Pigeon Lofts E~arrvon PW,C 'For those who do not understand the term "biosecurity" we would offer the following. In its simplest terms, biosecurity is what you do to stop the spread of disease within and to your loft. On a broader scale, it is a E>epeon RadE~a formal system of stopping the movement of a bacteria or viruses from one animal to another, from one - - - - loft to another, or in some cases, from one person to another. Biosecurity measures are not necessarily E3ird Releases :expensive. In fact, except for the cost of some disinfectant products and, perhaps, for those who want ~ them, disposable smocks, hats and shoe covers, biosecurity costs can be controlled, and they should be Soak-Mailing E.ta minimal. In most cases, lofts can be very cheaply and quickly adapted to implement adequate biosecurity measures, even if construction of barricades or fences is necessary. The K Factor Software Vendors ~ Most handlers already apply some form of effective biosecurity measures: E.a~s auxiEiary _ 1. Cleaning the fountains twice a day is biosecurity; ._ -~ 2. Cleaning and scraping perches is biosecurity; vetRrenarians 3. Spraying the loft for parasites is biosecurity; Spee9a[ awares 4. Storing feed in rodent proof steel bins is biosecurity; 5. Wearing a hat in the loft is biosecurity; SChOaE e~roleCik 6. Isolating new stock for at least 14 days is biosecurity; inns En war These are common biosecurity measures that most of us do everyday, we do it to prevent the spread of disease. We have just never thought of it in such terms, in the sense of "biosecurity" terms! Sometimes, Edda KornEr simply changing the order in which you approach a task provides adequate biosecurity, such as the way „~,,,,~,,, you handle your feed bags (if they're stored in the loft). Based on our understanding of the sources and transmission of various disease agents, the following recommendations have been designed to prevent the spread of viruses and bacteria between racing pigeon lofts and the introduction of new infections to susceptible birds. Our recommendations have been divided into best and alternate practices so that these recommendations can be adapted to every loft. We have outlined these recommendations based on the three key principles of biosecurity, isolation, traffic control, and sanitation. Isolation refers to the confinement of your birds within a controlled environment. A fence keeps your birds in, but it also keeps other animals out. 1. Perimeter control. Every Flock must be isolated from ALL other birds, especially any kind of chicken. a. BEST PRACTICE: The best way to isolate a loft is to install complete fencing around the perimeter of the loft will keep other birds out. b. Alternative methods to achieve isolation: If there are no birds in your neighborhood or you have no neighbors, then you already have a buffer zone that establishes isolation. If your neighbor has chickens in an enclosure close to your loft, you might ask him to move it, or move your loft, or better still, move both as far apart as is physically possible. c. Keys to achieving isolation: • Gates can help to achieve isolation, sometimes without perimeter fencing. A gate that crosses a driveway is a very effective way to stop vehicle traffic. But, gates must be kept closed in order to be effective. • A buffer zone between lofts or flocks must be achieved, whether or not there is good perimeter fencing. Establishing a buffer zone may require negotiation with neighbors to house their birds on a part of their property away from an existing loft or relocation of a loft to another part of a property. ~~ Ittn://www.ni peon. or2/biosecuritv.htm 02/03/2006 nerican Racing Pigeon Union ~ Homing Pigeons ~ Sport Flyers Page 2 of 3 2. Introduction of new birds to your flock. New birds entering a loft can bring unwanted disease agents with them. a. Quarantine new birds for a minimum of 14 days -this is a must. b. Pre-purchase testing, if economically feasible and available. 3, Avoid contact with any other birds, in particular chickens. Other bird species can carry disease agents that pigeon owners do not want in their lofts. The following contacts are listed in descending order of their importance in disease danger. i. Live bird markets, auctions, and shows. ii. Dead birds, especially pigeons. iii. Pet or feed stores that sell excess racing pigeon stock. iv. Hunting (any species of bird or animal). a. BEST PRACTICE: Avoid contact with ALL other birds, in particular, chickens. When there is contact, change clothes and shower before returning to your loft. This practice is critical when the most dangerous contacts on the list have been made. b. Alternative practice: Avoid the most dangerous contacts with other birds. After contact with birds owned by trusted hobbyists or friends, change into dedicated protective clothing that will be left' in the loft and wash your hands thoroughly with soap and water before returning to your loft. Hand washing is one of the simplest and most effective biosecurity measures available to us. 4. Prepare a plan for self-quarantine. When one member of the club has disease or illness in his loft, he should be prepared to take extra steps to prevent the spread of disease to other members of the club. Those steps should include not moving birds, stopping all non-essential visits, and notification of other lofts that may have been inadvertently exposed. Traffic Control includes both the traffic onto your premises/property and the traffic patterns of both you and visitors on and within your premises/property. Sometimes, simply changing the order in which you approach a task provides adequate biosecurity. 1. Visitor policy. The easiest way to prevent disease spread by visitors is to limit visitors. Visitors can bring disease agents into your loft. a. Limit visitors to the loft. This is especially critical in times of high risk, for example, during breeding and during the active racing series in your area. b. Protective clothing. Visitors to the loft should be required to wear protective clothing, including overshoes or covers that will prevent the tracking of material on shoes. Hand sanitation must be included for visitors because people cannot resist touching your racing pigeons when they visit. c. Signs to stop inadvertent visitors must be posted. A sign should be placed on gates or doors to stop people from accidentally wandering into a loft, and although this is a simple step, a sign can be very effective. Sanitation addresses the disinfection of materials, people and equipment entering your property and your loft and the cleanliness of the personnel on your property and your loft. 1. Vehicle disinfection. Vehicles that have been near other birds can easily carry disease agents into the vicinity of or directly into the loft. Vehicles used to transport feed from feed supply houses are especially susceptible to contamination and your routine for hauling feed should be carefully reviewed towards the most effective biosecurity measures. a. Keep all vehicle traffic away from the loft through the use of gates and signs. The drivers of vehicles that have to enter the loft should be questioned to make sure they have not been near any birds within 48 hours. Vehicles that are covered in mud or other gross contamination should be washed before they enter the property or the vicinity of the loft. 2. Equipment disinfection. Equipment that is used and brought into a loft can carry disease agents if it has been around other birds. a. Keep equipment that has been around any other birds out of the loft. If equipment must come into the loft and has been around other species of birds, then fully clean and disinfect the equipment before it enters your loft. ~~ ~ttp://www.pi~eon.or~/biosecurity.htm 02/03/2.006 nerican Racing Pigeon Union ~ Homing Pigeons ~ Sport Flyers Biosecurity and racing Page 3 of 3 It may seem that the sport of racing pigeons destroys all attempts to achieve biosecurity in a loft. Several of the things we have said you should avoid, all happen in a race. However, biosecurity can also be applied to racing to reduce the chances that disease agents are introduced at races. Biosecurity for Birds Returning from Races There are two possible ways to approach racing, both are legitimate and each has its own pro and cons. Which method is selected, is up to the individual loft owner after a careful consideration of the risks and benefits associated with each approach. The two possible approaches to biosecurity follow: 1. Consider the racing club or combine as a single biosecurity unit. In other words, birds within a club or combine are treated as if they belong to the same loft. So, when you introduce a new bird to your loft if it came from a loft in your flying club, then it is not considered as an outsider. When birds come in from a race, it can be introduced immediately back into the loft because it has just been out flying with its loft- mates. a. Pros: This method is easy to apply because it requires no additional quarantine for birds returning from a race. b. Cons: Any member of the club can introduce disease into the club and everyone practicing this method of biosecurity will get the disease. 2. Consider all lofts other than your own as sources of disease. All birds returning from a race are quarantined for 14 days before they are re-introduced to the loft. a. Pros: This method puts the owner into control of the fate of his loft. Overall, it is a safer method. b. Cons: There is a certain amount of extra labor and planning that is required to achieve this type of biosecurity. Biosecurity at Shipping and the Club No matter what biosecurity strategy you choose for your own loft, there are certain common sense things that must be part of biosecurity on a club basis. 1. The transporter should be clean and sanitary before birds are placed in it. 2. The transporter should not be allowed to come close to any individual loft. The transfer of birds must occur away from individual lofts so that the transporter does not spread disease between lofts. 3. No sick birds should ever be placed in the transporter or brought to the club. 4. Hands should be washed before birds are handled. Birds from one loft can be handled as a group without hand washing or hand sanitation between birds, but hand sanitation must occur before handling the birds from a different loft. Biosecurity on Transporters Transporters must be fully cleaned and disinfected between uses. 1. Removal of all organic material (feces, feathers, mud) from all surfaces including wheel wells, and undercarriage. Aithough not essential, high pressure, hot water, with detergent works very well for the cleaning process. 2. Disinfection of all surfaces. There are many disinfectants, which work well to inactivate disease agents but, Wane of them work well if cleaning is inadequate. 3. Inspection. ft is critical that someone take a cri~ical look at the job of cleaning and disinfection that has been done to assure that all organic material has been removed. 4. Completely dry the transporter before use. Drying itself is a good way to kill disease agents and allowing the transporter to dry will ensure its sanitation before it is used again. F~tevvs J Set Your Clock J On-Line Store J AEJ Cuestbook J Find A Glub (t~atianal Database (t!yinspeed Webmaster ~ /ttropyright 2003 O American Racing Pigeon Union inc ~ttp://v<n~vw.pigeon.org/biosecurity.htm (//J - - - ~~~ ~ifp 02/03/2006 City of Eagan ~e~o To: Jon Hohenstein, Director of Community Development Mike Ridley, City Planner From: Mary Granley, Code Enforcement Date: February 2, 2006 Subject: Letter and Petition in Opposition to the Pigeon License Application for 3880 Princeton Trail On January 31, 2006 the City received a letter, petition and other documents from Mr. Lawrence Reuter of 3886 Princeton Trail. Mr. Reuter is opposed to the City Council approving the Pigeon License Application scheduled to be heard at the February 7, 2006 City Council meeting. Copies of the submitted items were given to Mira Pepper to include in the Council packet. A summary of the contents of Mr. Reuter's submittal is outlined below. Mr. Reuter submitted atwo-page letter stating_his objection to the application, and within the letter he indicates the following: 1) Mr. Dao did not provide the legal description of his property on the application. Typically, staff would assist someone with this information should they ask. Mr. Dao's legal description for his property at 3880 Princeton Trail is Lot 2, Block 5, Lexington Square. 2) Mr. Reuter would like to be notified of the City Council date when the license application will be considered. This is currently scheduled for the February 7, 2006 City Council meeting. This schedule will be postponed if Mr. Dao does not move the pigeons from the old, non-compliant coop into the new coop, and if he does not dismantle and remove the old coop from his property. Mr. Dao's property will be inspected on Monday, February 6, 2006 to determine if the old coop has been removed and if so, the license application can be heard by the council on February 7. Upon verified compliance of Mr. Dao's property, both Mr. Dao and Mr. Reuter will be contacted to let them know they can attend the February 7 City Council meeting. ~a 3) Mr. Reuter asked for published guidelines for citizens, if available, outlining addressing the Council under these circumstances. The Eagan City Council-Procedure and Motion Practice on Business Items and the Eagan City Council Meeting Procedures and Public Participation Guidelines were emailed to Mrs. Reuter on February 3, 2006. Mira is faxing Mrs. Reuter a copy of the agenda memo, Council agenda and memo from Mike Dougherty on February 3, 2006. 4) Mr. Reuter asked for a copy of the background investigation regarding this application. Mira Pepper explained there is no background investigation regarding the application. If Mr. Reuter is asking for information pertaining to a code enforcement case, this information would be protected by the Minnesota Data Practices Act until such time as the case is closed. A visit to City Hall by Mrs. Reuter on February 3 revealed she was actually trying to obtain the agenda memo and Council agenda, and not a true background investigation (the term "background investigation" was given to herby a Burnsville city employee just a difference in terminology used by Eagan versus Burnsville). Mr. Reuter submitted a cop~of a petition, signed by 30 people in the Lexin on Square develonmerit. A map is attached indicating a circle where Mr. Dao's property is located, and with X's the reported address of those who signed the petition, to indicate proximity to the applicant. Mr. Reuter submitted several sets of 4 photos taken of the property on January 29, 2006. In reviewing these photos, it is important to compare the condition of Mr. Dao's property when the photos were taken on January 29 while the new coop was under construction and the non-compliant coop was still on the property, and the photos that will be taken upon final inspection on Monday, February 6. Mr. Reuter submitted several pages of on-line information downloaded from three web sites. 1) IPM for Pigeons in Schools: Mr. Reuter supplied one page from an on-line article. The author of this document comments pigeons "make themselves a nuisance by their roosting and nesting S/ activity and their noisy behavior, but they also carry and transmit a variety of human and avian diseases." He further states "Pigeons are known to carry and transmit diseases to humans through their droppings, especially when the feces dry and particles become airborne. It is rare for health officials to specifically attribute disease. outbreaks to flocks of pigeons." This comment supports the information obtained from Dakota County Environmental Health Specialist Bev Schomburg concerning the health impact of pigeons being cooped within residential areas. Ms. Schomburg stated the county "has no specific requirements regarding the keeping of pigeons. Pigeon feces can breed harmful bacteria, but the roosting area would have to be near an air intake leading to an occupied space. If the occupants have respiratory sensitivities, it could be a problem for them." Ms. Schomburg was aware of one instance where a wild pigeon nest required removal as it was located in this type of situation. 2) American Racing Pigeon Union; Biosecurity for Pigeon Lofts: A one-page document was submitted by Mr. Reuter. I obtained the complete article online, and include it as an attachment to this memo. The article defines "biosecurity" as "what you do to stop the spread of disease within and to your loft". It indicates, "In most cases, lofts can be very cheaply and quickly adapted to implement adequate biosecurity measure, even if construction of bamcades or fences is necessary." This article recommends biosecurity based on three key principles; isolation, traffic control, and sanitation. Isolation: Every flock must be isolated from ALL other birds by complete fencing around the loft and 14-day quarantine for new pigeons. (Please see article for more details regarding this.) Traffic Control: Visitors must be limited to prevent bringing disease to the birds, as well as protective clothing to prevent tracking of material on shoes. They advise posting signs to stop people from accidentally wandering into a loft. (Please see the complete article for details regarding this.) Sanitation: Disinfection of materials, people and equipment entering the property and loft, and the cleanliness of the personnel on the property and the loft. This includes vehicles or transporters used near or for the pigeons or other birds, vehicle traffic, and equipment brought into a loft.. The article provides 6 steps for effective biosecurity measures, including cleaning fountains twice a day, cleaning perches, spraying the loft for parasites, storing feed in rodent-proof steel bins, wearing a hat in the loft, and isolating new stock for 14 days. 8'~ Extra care should be given to birds returning from races, as the sport "destroys all attempts to achieve biosecurity in a loft". Consideration must be given by the owner as to whether they will treat their birds as a separate biosecurity unit, or as part of the racing club biosecurity unit. 3) All About Bird Diseases and Humans, produced by the Florida Cooperative Extension Service: This eight-page article outlines what avian diseases can be transmitted to humans (called "zoonoses"). It indicates however, "that such diseases are uncommon enough that they should not discourage bird-keeping." The ability of microorganisms to make a human sick varies with the virility of the organism, the dose the person is exposed to and the route of the infection. This article outlined types of common and potentially serious infections, and those are noted below. The article concludes by informing bird-keepers that they should be aware they can contract certain illnesses from their birds, and although disease transmission is low, the very young, elderly and those with compromised immune systems should be cautious. DISEASE Who it affects? Method of Transmission? Required to be reported to FL health de t? Chlamydiosis Parrots & parakeets; turkeys; Inhalation of contaminated fecal Yes igeons; humans dust Salmonellosis Most animals are susceptible Ingestion of food contaminated Yes by fecal matter Collibacillosis (caused by Poultry; humans Food or water-borne; No E. Coli infection. E Coli transmission via the fecal-oral is a bacteria which route normally inhabits the intestinal tract of all animals Arizona Infections Most frequently reptiles and Fecal-oral route; eggs No (Arizonosis) birds; all animals are robably susce tible Eastern Equine Commercially raised Mosquitoe-borne; song birds No Encephalitis pheasants, chickens, are the most common reservoir; bobwhite quail, ducks, mosquitoes feed on birds, turkeys and emus. horses and humans, further spreading the disease Avian Tuberculosis Birds; humans Ingestion of food or water Yes; to both contaminated by feces from health and ~'3 shedder birds livestock officials Histoplasmosis Humans, dogs, cats, cattle, Fungi that grows in soils No; bird sheep, horses, and wild enriched with bird or bat associated, mammals (birds not droppings; also found in but disease is susceptible) construction sites and caves. obtained from Transmission occurs by soils not inhalation of spores produced birds. by growth of the mold Cryptococcosis Humans, horses, dogs, cats Fungi that grows in soils No; bird and many other mammals; enriched with bird manure. associated, rare in birds Transmission occurs by but disease is Inhalation of fungus. Can also through soil occur by ingestion. Humans and not birds. can pick up from exposure to old igeon nests or dro ings. C tosporidiosis Chickens, turkeys; humans Fecal-oral route Yes Allergic Alveolitis (a.k.a. Humans Overwhelming exposure in a No "pigeon breeder's lung") sensitized individual, such as that which might occur in cleaning out a pigeon loft. Patients diagnosed with the chronic form of the disease may have no choice except to eliminate all exposure to birds. 8'y >GISMap Output Page Page 1 of 2 City of EAGAN i ~~< ~ 332. r tn, , r •+' ^ ,._ Legend i Hi hii~htyd Fealum ~ ;ta29 I 3a1;? ! 3 I IAunia, a'Sovnda ( tU%19 iD95 iUgi 1057 ry {j ~ 'sE 32 i ~.+_, , ' I tU73 ^.a n0o Parnts Stre_te I I 3841 ;;94q j , EzG 5845 ~K~~-^- Sux41 t:amas I I ~ Havse I:v;ntiars 5a4U ~ 38A7 X y i ~ LakaS i 3850 :253 ~ ~ iU72 i;}•D •.U56 1L~E 1U,4 ~ Par4s P l i x x x ar:,e s 385's p Z 3856 38ot ~ ; ~ m ! 3a48 X ~ ~ 3870 1:?59 1055 1051 {D47 Ua i .,Y55 c ~ ;:9112 'sA89 PL5~ A W _..-- ----- -- -- - ----sal+~axranr~ w~--- - __-_ _ ~ ~ 3~s7 z X x j 398!? 3271 3AT4 'a*3 i 387E iU59 1054 105D JJ 38G4 -- - - - '- 328U ; ,Q ~ 3874 I X 388? I 3977 ' ~ ~ , i ~ae5 3a8d x 3917 3509 3x 3 3aas ~ saa9 3a72 - ~ x 3n8g I 319 Z 389Y i IIJWBLikY - ~ n x ~ X 111" I ~ y r~ 3898 389' i 35Ufi p I S2p 39111 32a4 ~ X 59,11 ~ 39U4 35'?;; ~~- 3912 C 353 3507 357U ~ 3gia 3921 ~ ~ v_' ~ '} •SC 5915 35<<^5 ,.. 381., - 71(L - _ "-' i- -'WESTBt7P Y VR 3924 , . Y ~ (` ~ ' ~~. _- 3929 ~ ~_. ~ .,9a9 3945 3951 7 ~~ 9g 3 0 .'•834 ~C'~y 592E :92 frif m 1UG2 J~ k3 ., r ~': ~. PID: 104507502005 - 3880 PRINCETON TRL - EAGAN, MN 551230000 ~~ ttp://gis.logis.org/servlet/com.esri.esrimap.Esrimap?ServiceName=ea LOGISMap_OV&ClientVersion=4... 02/02/2006 SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. TO: Ton Hohenstein, Community Development Director FROM: Michael G. Dougherty, City Attorney DATE: February 1, 2006 RE: Harboring Carver Pigeons -Eagan City Code Section 10.12, Subd. 7, et. seq. Eagan City Code Section 10.12, Subd. 7, contains all of the requirements for the issuance of a carver pigeon permit. The Eagan City Code requires specifics for the application. Subdivision D of Section 7 provides the basis for granting or denying the issuance of the permit. If the applicant meets the requirements of Subd. 7(D), the permit shall be issued. Section 10.12, Subd. 7(E) provides conditions of the permit. It also provides that necessary and reasonable additional conditions for the protection of health, safety and general welfare of the City maybe added. Licensing or permitting is a means of regulation. The power to regulate includes authority to establish standards and requirements. If those standards and requirements are met and if the standards and requirements are reasonable, permitting (as is the case here) is a ministerial function. MGD/j It ~~ _ _ ~ R ~ _ ~~ ~ ,~.~ ~ t~ ,, ;, s ~' ~ ~ '•~ ~~~ sJ"r`~'•~ . t ~~~~ a~4 ~ '~ + a" ~~ ~ ~-- '{ ~ ~ ~ ~-~ 5r~ t ~ ~~ ~ ~ s ~~ w x ~ _ ~ ~ 'may` ', ".+~~~'.~ -sue s~ ;~ s~ _ ~, q,_ + __ ~< ~, h t F f ~ '~ ~ 'L ~ ~ ~ ~ . i . ~. . ~ M ~ fy p, ~. '' ~ ~ ~ ~i RR 4, ~ ~ ~ , ?. ~` '. ~ 0 1} t~ k k ~, -;qry :~ -p~~ ~ LL & t J ~ ~ s F ~ ~ r r t~ ~ ~~ - . t .. , '~ - y ~u rr ` ~~ s - ., 4~ - ~. *~ S ~ -ry ~ ~~ -i ? 3 a ~ - 4 ^'~ ... 3 _ , ~' s1T~^~~' ~ ~i ~ ~ ~~ ~ ~ f r ~ ~ ,~ ~, J , r ` .mac ~:: ~{. ~:;~ : ~.` ~..~~._ ~ y ~ ~~ry ~ W. ~ ~ ~' ~ ~Y rJ' S ~ ~~T ,,, !! ~ k .3 ~~ Z ~ ~ V .y r v z ~~ ~c'r 8'8" Agenda Information Memo February 7, 2006 Eagan City Council NEW BUSINESS B. PLANNED DEVELOPMENT AMENDMENT - INTERSTATE PARTNERS ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) Planned Development Amendment to allow healthcare operations in the office building to be located on Lot 1, Block 1, Grand Oak Five, at 2805 Dodd Road subject to the conditions in the January 24, 2006 APC minutes. To approve (OR direct findings of fact for denial) a Planned Development Amendment to allow healthcare operations in the office building located on Lot 4, Block 1, Grand Oak Five, at 2854 Highway 55, subject to the conditions in the January 24, 2006 APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of members present FACTS: - In 2004, the City Council approved a Comprehensive Guide Plan Amendment to change the designation from Special Area 2-Business Park to Special Area 2-Office/Service, a Rezoning of approximately 13.5 acres from Business Park to Planned Development (to allow two office buildings, a bank and two retail/service buildings) and a Preliminary Subdivision of approximately 13.5 acres to create four lots. - In 2003, the City Council approved two separate Conditional Use Permits to allow a kidney dialysis center and an endocrinology operation in other Interstate buildings in the Grand Oak Business Park. - The Grand Oak IV office building (30,000 SF) and the two retail service buildings (13,000 SF total) have been constructed. Interstate plans to begin construction of the Grand Oak X office building (90,000 SF) in 2006. - The applicant is proposing the use of up to 25,000 SF, between two buildings (total 120,000 SF), for healthcare tenants. The applicant states: "The request is being made for two reasons: 1. St. Paul Rheumatology is interested in leasing 4,800 SF on the first floor of Grand Oak IX (Lot 4, Block 1, Grand Oak Five) to operate a healthcare facility treating patients with rheumatoid arthritis; and 2. We are experiencing an increased demand by healthcare facilities for space within the Grand Oak Business Park. - The Advisory Planning Commission held the Public Hearing on January 24, 2006 and the Commission is recommending approval of both requests. g9 60 DAY AGENCY ACTION DEADLINE: March 7, 2006 ATTACHMENTS: (2) Draft APC Minutes, pages ~ through Staff report, pages ~ through ~~. 90 New Business A. Grand Oak Five Amendment Applicant Name: Interstate Partners .Location: 2805 & 2854 Highway 55; Lot & 4, Block 1, Grand Oak Five Application: Planned Development Amendment An Planned Development Amendment to allow medical office uses on Lots 1 & 4, Block 1, Grand Oak Five. File Number: 02-PA-16-01-06 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated January 11, 2006. He noted the background and history. Chair Heyl stated she will be abstaining from voting on this item. Vice Chair Bendt opened the public hearing There being no public comment, Vice Chair Bendt closed the public hearing and turned the discussion back to the Commission. Vice Chair Bendt stated the proposed amendment is compatible with the neighborhood and will vote in favor of approval Member Chavez moved, Member Hansen seconded a motion to recommend approval of a Planned Development Amendment to allow--healthcare operations in the office building to be located on Lot 1, Block 1, Grand Oak Five, at 2805 Dodd Road-subject to the following conditions: The applicant shall execute and record a Planned Development Agreement at Dakota County within 60 days` of the date of Council approval and proof of its recording be provided to the_City. 2. Healthcare facilities will not exceed 25,000 useable SF total betweeri Lot 1, Block 1, Grand .:Oak Five and Lot 4, Block 1, Grand Oak Five. 3. Procedures conducted within the facility shall be those of normal medical office providers (i.e. x-rays, intravenous injections, examinations, blood testing, minor out-patient surgical procedures, etc.) 4. There shall be no overnight stays or major surgeries allowed within the facility. The space shall be designed, constructed, operated and maintained in a manner that will be compatible with the other business uses within the buildings in the business park. 6. The use shall not be harmful or endanger the public health, safety or welfare of the general public in any way. All voted in favor. Motion carried 7-0. q~ Chair Heyl abstained from voting on this item. Member Chavez moved, Member Hansen seconded a motion to recommend approval of a Planned Development Amendment to allow healthcare operations in the office building located on Lot 4, Block 1, Grand Oak Five, at 2854 Highway 55 subject to the following conditions: 1. The applicant shall execute and record a Planned Development Agreement at Dakota County within 60 days of the date of Council approval and proof of its recording be provided to the City. 2. Healthcare facilities will not exceed 25,000 useable SF total between Lot 1, Block 1, Grand Oak Five and lot 4, Block 1, Grand Oak Five. 3. Procedures conducted within the facility shall be those of normal medical office providers (i.e. x-rays, intravenous injections„ examinations, blood testing, minor out-patient surgical procedures, etc.) 4. There shall be no overnight stays or major surgeries allowed-within the facility. 5. The space shall be designed, constructed, operated and maintained in a manner that will be compatible with the other business uses within the buildings in the business park. 6. The use shall not be harmful or endanger the public health, safety or welfare of the general public in any way. All voted in favor. Motion carried 7-0. Chair Heyl abstained from voting on this item ~/~ PLANNING REPORT CITY OF EAGAN REPORT DATE: January 11, 2006 APPLICANT: Interstate Partners LLC PROPERTY OWNER: Grand Oak CR LLC CASE: 02-PD-16-O1-06 HEARING DATE: January 24, 2006 APPLICATION DATE: January 6, 2006 REQUEST: Planned Development Amendment PREPARED BY: Michael J. Ridley, AICP LOCATION: 2805 Dodd Road & 2854 Highway 55 COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow up to 25,000 SF of healthcare facilities between Grand Oak IX and Grand Oak X office buildings located near the intersection of Highways 55 & 149, in the East 1/2 of Section 2. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote 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. Being that the City Code provides for healthcare uses in the BP zone via Conditional Use Permit (CUP), the CUP review authority is listed below: 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: 93 Planning Report -Interstate Partners PDA January 24, 2006 Page 2 A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the. Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any 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 mayor importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY In 2004, the City Council approved a Comprehensive Guide Plan Amendment to change the designation from Special Area 2-Business Park to Special Area 2-Office/Service, a Rezoning of approximately 13.5 acres from Business Park to Planned Development (to allow two office buildings, a bank and two retail/service buildings) and a Preliminary Subdivision of approximately 13.5 acres to create four lots. In 2003, the City Council approved two separate Conditional Use Permits to allow a kidney dialysis center and an endocrinology operation in other Interstate buildings in the Grand Oak Business Park. 9v Planning Report -Interstate Partners PDA January 24, 2006 Page 3 EXISTING CONDITIONS Interstate Partners, LLC has acquired City-owned (formerly TMUImre) property in the area. All structures and outdoor storage have been removed and TMI Coatings is now operating in the former Aagard Sanitation site at 3291 Terminal Drive. The Grand Oak IV office building (30,000 SF) and the two retail service buildings (13,000 SF total) have been constructed. Interstate plans to begin construction of the Grand Oak X office building (90,000 SF) in 2006. There is a mile long bituminous trail around the centralized stormwater pond that serves all existing buildings in Grand Oak. The developer intends to extend the trail to also serve the Grand Oak Five development. SURROUNDING USES The subject property is surrounded with office and office/warehouse uses consisting of Business Park Zoning and Special Area Land Use Designations. EVALUATION OF REQUEST Compatibility with Surrounding Area -Business Park districts are intended to accommodate development of low intensity office, light industrial and supporting commercial service uses that may be suitable in relative close proximity to non-industrial development. The subject site is surrounded by Business Park uses. Health care facilities are a conditional use within the Business Park zoning district. The proposed use appears to be compatible with the surrounding uses based on the Zoning designation and the Comprehensive Land Use Plan Designation. Pro osal -The applicant is proposing the use of up to 25,000 SF, between two buildings (total 120,000 SF), for healthcare tenants. The applicant states: "The request is being made for two reasons: 1. St. Paul Rheumatology is interested in leasing 4,800 SF on the first floor of Grand Oak TX (Lot 4, Block 1, Grand Oak Five) to operate a healthcare facility treating patients with rheumatoid arthritis; and 2. We are experiencing an increased demand by healthcare facilities for space within the Grand Oak Business Park. We believe this is due to our excellent location, the quality of the Grand Oak development and the excellence of our office product." The applicant would like to be allowed to lease space for healthcare facilities (no more than 25,000 SF) without a PD Amendment process for each such tenant. This will provide the property owner the ability to meet the tight timelines often imposed by healthcare providers. In addition to a maximum 25,000 SF of useable tenant space, the applicant has suggested specific criteria to establish parameters with which to consider healthcare tenants. These are listed as conditions of approval 2-6 below. 9s Planning Report -Interstate Partners PDA January 24, 2006 Page 4 SUMMARY/CONCLUSION The applicant is requesting approval of a Planned Development Amendment to allow up to 25,000 SF of healthcare facilities between the Grand Oak IX and Grand Oak X office buildings located near the intersection of Highways 55 & 149. The subject site is surrounded by Business Park uses. Health care facilities are a conditional use within the Business Park zoning district. The proposed use appears to be compatible with the surrounding uses. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow healthcare operations in the office building to be located on Lot 1, Block 1, Grand Oak Five, at 2805 Dodd Road subject to the following conditions: 1. The applicant shall execute and record a Planned Development Agreement at Dakota County within 60 days of the date of Council approval and proof of its recording be provided to the City. 2. Healthcare facilities will not exceed 25,000 useable SF total between Lot 1, Block 1, Grand Oak Five and Lot 4, Block 1, Grand Oak Five. 3. Procedures conducted within the facility shall be those of normal medical office providers (i.e. x-rays, intravenous injections, examinations, blood testing, minor out- patient surgical procedures, etc.) 4. There shall be no overnight stays or major surgeries allowed within the facility. 5. The space shall be designed, constructed, operated and maintained in a manner that will be compatible with the other business uses within the buildings in the business park. 6. The use shall not be harmful or endanger the public health, safety or welfare of the general public in any way. To recommend approval of a Planned Development Amendment to allow healthcare operations in the office building located on Lot 4, Block 1, Grand Oak Five, at 2854 Highway 55, subject to the following conditions: 1. The applicant shall execute and record a Planned Development Agreement at Dakota County within 60 days of the date of Council approval and proof of its recording be provided to the City. 9~ Planning Report -Interstate Partners PDA January 24, 2006 Page 5 2. Healthcare facilities will not exceed 25,000 useable SF total between Lot 1, Block 1, Grand Oak Five and Lot 4, Block 1, Grand Oak Five. 3. Procedures conducted within the facility shall be those of normal medical office providers (i.e. x-rays, intravenous injections, examinations, blood testing, minor out-patient surgical procedures, etc.) 4. There shall be no overnight stays or major surgeries allowed within the facility. 5. The space shall be designed, constructed, operated and maintained in a manner that will be compatible with the other business uses within the buildings in the business park. 6. The use shall not be harmful or endanger the public health, safety or welfare of the general public in any way. 97 Eagan Boundary N Right-of-way Location M a o Parcel Area Park Area ® Building Footpri)Jn~lt \ II ~ ~ ~ U V Subject Site ~,~. ~® CIH`(~- / \~\\ V ,w.x«........u. 1 ~~ /~ Current Zoning and Comprehensive Guide Plan Land Use Map Grand Oak 5 PD Amendment Case No. 02-PD-16-01-06 Zoning Map 0 u PD BP Current Zoning: BP PD Location PD '~'N PD Planned Development °SS Q 0 z 3 x Y J -1 ~ r. ~v. ~P PD PD 600 0 i00 7200 Feet I-1 e~ Comprehensive Guide Plan m SA \ ~+ Land Use Map SA SA Location eTR VNA. NhY; N ~ SA SS Current Land Use Designation: 01 SA = SA 3 x Special Area IND ;~ ~ SA ~P h SA IND e el 4 ` G e 600 0 600 1100 Feet a~ 'h i CIt Parcal base msp IMorm ~on pro~ded by Dakota County Land Survey Department Juno 2001, N Zoning IntormaUon malntalnOd by Clty Staff. City of Eagan W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Deparfmenf The City of Eagan and Dakota County do not guarantee the accuracy of this Information. S ~~ Y~ Y ~~~~ ~ s $ ~~ ~ ~ __~-- p ~~''' ____~---_-__.~_---------,-----.---w___-___.~____~___.___._~.__-~_--_..--------_~...____.__~_.. ~ ~~ ~ U ----•------------------ -- --------~------ --.-_ __ __-_____-___-_._ ~~~ I~ o _,~ - - - .~l~i. ___.__-____ ___-- ° ' 69tVON AMH 3111JS ,' -""""a^.~ _.r t~adawuo awl •' i a~ ' i bF~~ 1 _ ! _ cC3 ~~ d s.l..t C,,.^- E ;~ 3 __ _-- Int~~state Parti~ers Memorandum TO: Mike Ridley, City Planner, Ciry of Eagan From: Gregory S. Miller, President, Interstate Partners LLC Date: January 6, 2006 Re: Conditional Use Permit Interstate Partners LLC, as the managing member of Grand Oak Office IX LLC and Grand Oak CR LLC, the owners of office buildings know as Grand Oak Office IX (30,000 SF) and Grand Oak Office X (90,000 SF to-be-built) is requesting an amendment to the current PD zoning to allow for space to be leased to allow healthcare facilities without the necessity of requesting a PD Amendment for each such tenant. This request is being made for two reasons: 1. St. Paul Rheumatology, P.A., a prospective 4,745 SF tenant is interested in leasing space on the first floor of Grand Oak Office IX to operate a healthcare facility treating patients with rheumatoid arthritis; and 2. We are also experiencing an increased demand by healthcare facilities for space within the Grand Oak Business Park. We believe this is due to our excellent location, the quality of the Grand Oak development and the excellence of our office product. We would propose the following criteria as the parameters for this approval, which would be reviewed by staff upon application for a building permit for each specific facility to be constructed. I. Healthcare facilities will not exceed 25,000 useable SF total between both buildings referenced above. 2. Procedures conducted within the facility shall be those of normal medical office providers (i.e. x-rays, intravenous injections, examinations, blood testing, minor out- patient surgical procedures, etc.) 3. There will be no overnight stays or major surgeries allowed within the facility. 4. The space is to be designed, constructed, operated, and maintained in a manner that will be compatible in comparison with the other business uses within the buildings in the business park. 5. The use will not be harmful or endanger the public health, safety or welfare of the general public in any way. Previously, the City of Eagan (the "City") has issued conditional use permits for two tenants within the Business Park; namely DaVita Corporation (a kidney dialysis center) and Minnesota Center for Obesity, Metabolism and Endocrinology, P.A. (a full service medical ~Q / R~~'~f~'Ea .EAR' 0,~~ ryn~F practice providing traditional patient care on an out-patient basis). Currently, the owner of Grand Oak Office IX has executed a lease, subject to the approval of the City, with a group providing healthcare to patients with rheumatoid arthritis. As mentioned above, this facility will be approximately 4,800 SF and the tenant is relocating an existing practice from a different location in St. Paul. We believe that this user is comparable to the other healthcare facilities previously approved by the City. The pre-approval process we are requesting .going forward will allow us to respond in a timelier manner to prospective tenants while the review by staff will protect the Ciry's review processes to eliminate uses which the staff feels are not complementary within the Business Park. In addition to the above, we would request that the Ciry issue a building. permit and allow Grand Oak Office IX to begin construction of the space for St. Paul Rheumatology prior to the formal approval of the Ciry to the request contained herein. We understand that we are accepting the risk that should the City deny the PD Amendment, the tenant will not be allowed to take occupancy of the space. /dam Agenda Information Memo February 7, 2006 Eagan City Council Meeting C. ORDINANCE AMENDMENT -CITY OF EAGAN ACTION TO BE CONSIDERED: To approve an Ordinance Amendment to Chapter 11 to establish exterior material and design standards for commercial and industrial development and direct the City Attorney to prepare and publish the amendment in the legal newspaper. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: - The topic of exterior finish materials for commercial development was brought before the City Council in the fall of 2004. During that workshop, the Council reviewed a number of photos that displayed like-businesses in different cities. - Per City Council direction, planning staff worked with the Planning Commission through 2005 at several workshops to review and discuss the merits and advantages of existing standards imposed by Eagan in Cedar Grove and other metro cities (including Bloomington, Maple Grove and Woodbury). - This item was before the City Council at their workshop on November 7, 2005 for the purpose of a checkpoint review/comment before formal APC consideration and a Public Hearing was scheduled. - Staff has had informal discussions with several developers builders regarding quality finish materials and the response has been that the development community is generally supportive of higher standards provided the City's expectation is clearly defined and consistently applied. Developers have also indicated that the consistent application of high quality standards will protect their investment. - The APC held a Public Hearing and recommended approval of the amendment at their regular meeting of January 24, 2006. ATTACHMENTS: (2) Draft January 24, 2006 APC Minutes on page ~~~ Staff Memo and draft Ordinance Amendment language on page ~ through /d3 D. Ordinance Amendment-Exterior Design Standards Applicant Name: City of Eagan Location: City-wide Application: Ordinance Amendment Amendment to City Code Chapter 11, Section 11.70 establishing architectural exterior design standards for commercial/industrial development. File Number: 01-OR-01-01-06 City Planner Ridley introduced this item and discussed the information presented in a Memorandum dated January 12, 2006, with subject of: Design Standards -Chapter 11 Amendment. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. " City Planner Ridley stated the intent of the Ordinance Amendment-Exterior Design Standards is to set a standard, improve clarity and provide uniformity of the building standards. in Eagan. Member Chavez moved, Member Hansen seconded a motion to recommend approval of an Ordinance Amendment to Chapter 11 to establish exterior material and design standards for commercial and industrial development with the addition of "other materials" as item E under Class III materials. All voted in favor. Motion carried 7-0. /o ~ City of Evan Memo To: Chair Heyl and Planning Commission Members From: Mike Ridley, City Planner !~ Date: January 12, 2006 Subject: Design Standards -Chapter 11 Amendment As you recall, the Advisory Planning Commission discussed design standards for commercial and industrial property at several Workshops last year as directed by the City Council. The City Council considered the draft amendment forwarded on by the APC at a City Council Workshop held on November 7, 2005. I have attached the packet of information that the City Council considered in November. ACTION TO BE CONSIDERED: To recommend approval of an Ordinance Amendment to Chapter 11 to establish exterior material and design standards for commercial and industrial development. Please call me at 651-675-5650 if you have any questions. /o s Agenda Information Memo November 7, 2005 Special City Council Meeting III. EXTERIOR DESIGN STANDARDS FOR COMMERCIAL/INDUSTRIAL DEVELOPMENT ACTIONS TO BE CONSIDERED: To discuss draft ordinance regarding exterior design standards for commercial/industrial development. To direct staff to modify draft document and/or proceed with the Ordinance Amendment process based on discussion at the Special Council meeting. FACTS: - This item is before the Council for the purpose of a checkpoint review/comment before formal APC consideration and a Public Hearing on an amendment is scheduled. - The topic of exterior finish materials for commercial development was brought before the City Council in the fall of 2004. During that workshop, the Council reviewed a number of photos that displayed like-businesses in different cities. - Upon review of the photos, the Council was struck by the disparity of window signage and directed staff to work with the Advisory Planning Commission to determine reasonable yet suitable window signage standards for the City. That exercise expanded to also incorporate temporary signage and these modifications to the Sign Ordinance were adopted by Council action on June 21, 2005. - Subsequent to the successful conclusion of the temporary/window signage ordinance review and approval, attention again has been turned to the issue of commercial/industrial exterior materials. The genesis of the finish material discussion came about primarily for three reasons: 1. The City has operated for years with an undefined (and not codified) commercial exterior material standard of "brick or better". 2. It has not been unusual for council members, commission members and staff to hear the citizenry ask why another city got a higher quality architectural finish restaurant/store than Eagan. /06 3. The City Council, Advisory Planning Commission and staff are often told by an applicantldeveloper that one "benefit" of a proposed Planned Development is "higher quality" building finishes. Mandatory quality finish materials/architecture will result in a development demonstrating other public benefits to justify a PD zoning. - The initial point of discussion with the APC was whether or not the City of Eagan should expect a high quality finish on commercial and industrial development simply as a matter of course. The commission believes Eagan's maturity and standing in the metropolitan area warrants high quality finish materials as a given. - Planning staff has worked with the Planning Commission at several workshops to review and discuss the merits and advantages of existing standards imposed by Eagan in Cedar Grove and other metro cities (including Bloomington, Maple Grove and Woodbury). - Staff has had informal discussions with several developers builders regarding quality finish materials and the response has been that the development community is generally supportive of higher standards provided the City's expectation is clearly defined and consistently applied. Developers have also indicated that the consistent application of high quality standards will protect their investment. ATTACHMENTS (2): Draft ordinance language on pages and Chapter 11, Section 11.70, Subd. 21, 3 on pages and /d 7 Exterior surface materials of commercial/industrial buildings shall be subject to the following: (1) Classes of materials. For the purpose of this subsection, materials shall be divided into class I, class II, class III and class IV categories as follows: Class I a. Brick b. Natural stone c. Glass d. Copper panels e. Other comparable or superior materials (as approved by City Council) Class II a. Specialty concrete block such as textured, burnished block or rock faced block b. Masonry stucco. c, Other comparable or superior materials (as approved by City Council) Class III a. .Exterior finish installation`'-system (EFIS) b. Architecturally precast textured concrete panels c. Opaque panels d. Ornamental metal e. Other comparable or superior materials (as approved by City Council) Class IV a. Smooth concrete block b. Smooth scored concrete block c. Smooth concrete tip up panels d. Ceramic e: Glass block f. Wood g. Other comparable or superior materials (as approved by City Council) (2) Buildings shall incorporate classes of materials in the following manner: a. Office and commercial buildings shall use at least three (3) class I materials and must be composed of at least sixty-five (65) percent /Od~ class I materials; not more than thirty-five (35) percent class II or class III material and not more than ten (10) percent class IV materials. b. Any building facade exceeding forty (40) feet in width shall be designed with multiple planes, multiple sections of coordinating materials, or both, to add visual interest. Industrial and Business Park buildings located within eight hundred (800) feet of the right-of--way of `any freeway, highway or county road shall use at least two (2) different class I or II materials and be composed of at least sixty-five (65) percent class I or class II; not more than thirty-five (35) percent of class III or class IV materials. Not more than ten (10) percent of the building shall be class IV materials.' d. Industrial and Business Park buildings located further than eight hundred (800) feet of the. right-of--way of any freeway, highway or county road shall meet the performance standards outlined in Chapter l 1, Section 11.70, Subd. 21, 3. /~9 LAND USE REGULATIONS (ZONING) ~ 11.70 3. Industrial and General Business District architectural standards. a. Policy statement. All buildings in light industrial (I-1), general industrial (I-2) and general business (GB) districts shall be designed to accomplish the goals and objectives of the city land use Comprehensive Guide Plan. Exterior building materials shall be attractive in appearance, durable and compatible with adjacent structures and consistent with the city's standards for the district in which it is located. b. New construction. i. No less than 75 percent of the exterior, exposed walls of any newly constructed building in light industrial (I-1), general industrial (I-2) or general business (GB) districts shall be constructed of a vertical finish made of noncombustible, non-degradable, and low maintenance. con- struction material, including, but not limited to, face brick; natural stone; specially designed precast concrete or synthetic stucco or com- parable material (e.g., dryvit) units, provided the surfaces have been integrally treated with an applied decorative material or texture; smooth, painted or decorative concrete block, provided the block is scored at least twice. ii. Twenty-five percent or less of the exterior, exposed walls of any newly constructed building in light industrial (I-1 ), general industrial (I-2) or general business (GB) district may be constructed of any of the following materials: metal, including but not limited to steel, sheet or corrugated aluminum, or iron; vinyl; plain concrete block; or any other material not within the standards set forth in paragraph b.i. Any metal surface or siding as permitted herein shall be coated or anodized with a non-reflective, glare-free finish. iii. Notwithstanding any provision herein to the contrary, exterior, ex- posed walls of any accessory structure to a building in light industrial (I-1), general industrial (I-21 or general business (GB) district may be constructed of the following material: metal, including steel, sheet or corrugated aluminum or iron; vinyl; plain concrete block; or any other material not within the standards set forth herein, provided a condi- tional use permit is first obtained from the city. c. Expansion or enlargement of metal-sided buildings. In the event any building, which is an existing, nonconforming metal-sided building under this subdivision on the effective date of this ordinance, is enlarged or expanded and the expansion is less than 10,000 square feet and 50 percent in size by total square feet of the existing, nonconforming metal building, the expansion structure need not comply with the provisions of this subdivision, but any exterior, exposed side or surface of the expansion structure shall be constructed of identical material and color to the existing, nonconforming building. Supp. No. to CD11:139 //d § 11.70 EAGAN CODE In the event the expansion or enlargement is at least 10,000 square feet or 50 percent in size by total square feet of the existing, noncon- forming metal building, whichever is greater, the provisions governing nonconforming structures or uses in this chapter shall govern. ii. For purpose of this subdivision, the total square feet of the existing nonconforming building shall be determined as the total size of the existing building as existed on June 1, 1995. The total square feet or percentage of any and all expansions to an existing nonconforming building as of June 1, 1995, shall be aggregated for purposes of calculating the size or percentage of the total expansion to the original building existing on June 1, 1995. C. Expansion or enlargement of other nonconforming buildings. In the event any existing, nonconforming building, which is constructed of material other than metal, is enlarged or expanded, the expansion structure to the existing, nonconforming structure shall be constructed of compatible material and color to the existing, nonconforming structure. S' desi and develo men - m r i - trial uses shall be designed and developed in accordance with the following: 1. Laridscapirig. All yards shall be landscaped or be left in a natural state. any yards are to be landscaped, they shall be landscaped attractively with 1 n, trees, shrubs, etc..Any areas left in a natural state shall be properly in tamed in a si tly and ~~vell-kept condition. Yards adjoining any residents district shall be landsc ed with buffer planting, if this is not provided in th iatural state. Plans of such sc ns shall be submitted for approval as a rt of a site plan and installed prior issuance of a certificate of occupant or any land in the district. In the event this r uirement cannot be met bet se of climate, a bond shall be required to insure tom fiance within a reaso le time. The design shall make use of all land contained i the site. All o he site plan shall be related to the multiple use, i.e., either parkii circu ion, recreation, landscaping, screening, building, storage, etc. 2. Drairr.age. The drainage of sto iwaters all be provided for either on the site or in a public storm sewer. 3. Curbs. Interior curbs call be constructed within t property to separate driving . and parking sur ces from landscaped areas. Inters curbs required by this section shall concrete coistruction. 4. l~allz.tua. .Surfaced walkways shall be provided from parkins areas, loading zon and recreation areas to the entrances of buildings. 5. /Surfacing. All interior driveways, parking areas, loading areas, etc., sha e of blacktop or concrete construction. No. to CD11:140 /// Agenda Information Memo February 7, 2006 Eagan City Council Meeting D. ORDINANCE AMENDMENT -CITY OF EAGAN ACTION TO BE CONSIDERED: To approve an Ordinance Amendment to Chapter 11 to establish buildings over 25,000 SF as a Conditional Use in the Neighborhood Business Zoning District and direct the City Attorney to prepare and publish the amendment in the legal newspaper. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: - Subsequent to a recent development proposal for a commercial use adjacent to a residential use, the City Council requested planning staff gather information relative to building size and scale. The City Council discussed the information at a Council Workshop held on December 12, 2005. - The outcome of their deliberation was the Neighborhood Business uses should be modified to include any single building over 25,000 SF in size to be a Conditional Use. - The APC held a Public Hearing and recommended approval of the amendment at their regular meeting of January 24, 2006. ATTACHMENTS: (2) Draft January 24, 2006 APC Minutes on page ~. Staff Memo and draft Ordinance Amendment language on page J~ through ~. //~ E. Ordinance Amendment-Building Size Applicant Name: City of Eagan Location: City-wide Application: Ordinance Amendment An Ordinance Amendment to Chapter 11, Section 11.60, Subd. 11, by adding, as a Conditional Use, buildings exceeding 25,000 square feet in size in the Neighborhood Business Zoning District. File Number: 01-OR-02-01-06 City Planner Ridley introduced this item and discussed the information presented in a Memorandum dated January 12, 2006, with subject of: Building Size -Chapter 11 Amendment. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Chair Heyl stated agreement with the proposal and stated it would be a good addition to the NB Zoning District. Member Chavez moved, Member Matthees seconded a motion to recommend approval of an Ordinance Amendment to Chapter 11 to establish buildings over 25,000 SF as a Conditional Use in the Neighborhood Business Zoning District.. All voted in favor. Motion carried 7-0. /13 Cily of Ea~a~ Mcmo To: Chair Heyl and Planning Commission Members From: Mike Ridley, City Planner /~,~' Date: January 12, 2006 Subject: Building Size -Chapter 11 Amendment Subsequent to a recent development proposal for a commercial use adjacent to a residential use, the City Council requested planning staff gather information relative to building size and scale. This information was gathered and the City Council discussed the information at a Council Workshop held on December 12, 2005. The outcome of their deliberation was the Neighborhood Business uses should be modified to include any single building over 25,000 SF in size to be a Conditional Use. I have attached the packet of information that the City Council considered in December. ACTION TO BE CONSIDERED: To recommend approval of an Ordinance Amendment to Chapter 11 to establish buildings over 25,000 SF as a Conditional Use in the Neighborhood Business Zoning District. Please call me at 651-675-5650 if you have any questions. / ~`f Agenda Information Memo December 12, 2005 Special City Council Meeting VII. BUILDING SIZE/SCALE STANDARDS ACTION TO BE CONSIDERED: To provide further direction. Or To direct staff to process an ordinance amendment to Chapter 11, regarding bulk standards, beginning with the APC holding a Public Hearing. REQUIRED VOTES FOR APPROVAL: Majority of Councilmembers present FACTS: - Council members have asked that information be gathered pertaining to building size and scale. The attached memo explains that building size buildable area is governed by standards contained in the City Code. These Bulk Standards include minimum building and parking setbacks, green space, off-street parking and maximum building coverage and height. - The cities of Bloomington, Maple Grove and Woodbury were surveyed to determine if they regulate building scale in a means different than Eagan. In each case, building setbacks, height limitations and green space requirements primarily dictate the size of buildings. The survey findings are summarized in the attached staff memo. - Additional visual information will be provided to the City Council on Monday evening. ISSUES: - Identifying the specific issue/concern relative to building scale will help the City Council and staff identify next steps. ATTACHMENTS (1): Staff memo on pages through An animated 3-D fly-through of the Diffley Marketplace proposal will be shown to the council. /rs City of Eagan be~o To: Tom Hedges, City Administrator From: Jon Hohenstein, Community Development Director Mike Ridley, City Planner Date: December 9, 2005 Subject: Building Scale & Size History Subsequent to a recent development review for commercial development adjacent or near residential property, the City Council asked that information be gathered together and preliminarily analyzed that relates to the scale of development. The specific properties that were identified when the questions were raised were those in which retail commercial zoning abuts established residential areas. As you know, in addition to minimum setbacks, green space requirements and height maximums, off-street parking requirements also all set parameters as to the development capacity of any given site. In staff reports for developments, these are generally referred to as bulk standards. Zoning and subdivision codes set such standards in consideration of the type and intensity of different types of development, recognizing that development will often abut land uses that differ by type and intensity. When the City updated the Zoning Chapter (Chapter 11) a few years ago, the code requirements that affect the scale or bulk of development were contained in a tabular form titled "Bulk Standards" for each zoning district. For example, the Neighborhood Business Zoning District table is shown below: Bulk Standards (minimum unless noted). Setback From Public Ri ht-of-wa ` 30 feet Side Yard Setback 10 feet Rear Yard Setback 20 feet Adjacent to property guided for residential'use 30 feet Structure Hei ht (max.) 30 feet Green S ace 30 ercent Buildin Cover (max.) 20 ercent t 50' from county/state r-o-w Land use guide designation per City's Comprehensive Guide Plan. //~ To some extent, the purpose of this discussion item is to invite more clarification by the City Council as to the specific issues that may be addressed by this review, but it is presumed that the starting point is whether the current bulk standards are sufficient to regulate building scale and size as the City builds out and, particularly, in in-fill situations. Surve The City Council requested survey data from other cities regarding retail/commercial, office/service and special areas. Planner Cartney surveyed the cities of Bloomington, Maple Grove and Woodbury because we have used these communities as comparisons in the past because they are comparable in scale and because they offer a cross section of development stages from the mare mature nature of Bloomington to the higher growth nature of Maple Grove and Woodbury. We specifically studied the zoning and subdivision codes of those communities to determine if they regulate building scale in a means different than Eagan. In each case, building setbacks, height limitations and green space requirements primarily dictate the size of buildings. These regulations may vary in the various types of business zoning, with lesser limitations in more intense business zones, the tools are essentially the same. What we also found is that there is no zoning district in those communities that correlates to Eagan's special area comprehensive guide designation and that office/service regulations typically permit greater intensity than retail zones, particularly the neighborhood retail zoning standards. As a consequence, the survey and analysis to date is concentrated on retail/commercial standards. Ea an Bloomin ton Ma le Grove Woodbu Setback from Public R-O-W 30'/50' S0' 3Q' S.0' Side Yard Setback ZO' 20' 10' 30' Rear Yard Setback 20' 35' 10' n/a Building Setback Adjacent to residential 30' n/a 100' 110' Buildin Hei ht 30' 35' 35' S0' Green Space/ Landsca a Area 30% n/a 30% n/a Buildin Covera e 20% 25% > 2,999 SF Bld n/a Impervious Surface n/a n/a n/a 65% One interesting finding is that some communities are also concerned about buildings being of a minimum size, so as to avoid an inefficient mixture of undersized structures. For example, Maple Grove's Business District requires a minimum building size of 3,000 SF. Also, any development consisting of one or more lots owned or improved by the same person simultaneously and designed or required to contain at least 50,000 SF shall be developed as a Planned Development. /~7 In addition to surveying other cities regarding their standards, staff also developed some background illustrations that may be helpful in visualizing the relationship of commercial building scale to adjacent residential areas. Using the City's Pictometry software, staff will present a virtual drive by of the proposed Diffley Market Square development and will show elevations of two of the larger commercial structures in retail areas adjacent to residential areas -the Lifetime Fitness facility at Thomas Lake Center and the Nicols Professional Building on Nicols and Cliff Drive. These will be presented at the workshop on Monday. Discussion of Alternative Tools or Mechanisms to Define Scale The essential question suggested by these findings is whether the City of Eagan's bulk standards are reasonable means of regulating size and scale of buildings by comparison to the other cities. Since these are the primary means that the cities surveyed use in this regard, the first question is whether there is a need to consider modifications of Eagan's current standards. A second question is whether other tools exist that might be considered to further manage scale and size and whether they would be useful in Eagan's case. The two additional tools identified in our review are requirements for expanded setbacks for commercial development when it is adjacent to residential development and floor area ratio (FAR) calculations. While Eagan requires a slightly greater setback in situations in which commercial development abuts residential uses, the Business District zoning in Maple Grove requires a substantial additional setback between commercial and residential zones. This district has standard setbacks except that the building setback from residentially zoned property is 100 feet, unless separated by a street. Setbacks are also increased one foot for every foot by which building height exceeds 35 feet. The Maple Grove Code also requires a minimum 25 percent landscaped area generally and 30 percent when adjacent to residentially zoned property. While Eagan and those surveyed do not employ the bulk standard known as Floor Area Ratio (FAR), it is not an unusual standard in planning circles. FAR is defined as the Gross Square Footage of all structures on a site divided by the Gross Square Footage of the lot. A single-story building that covers 20 percent of a lot results in a .02:1 FAR. I have attached a description and graphic (l :l FAR) of FAR utilized by Palo Alto, CA. Provided the bulk standards continue to set a maximum on lot coverage, FAR would only be useful to consider for square footage above a certain height. Analysis In order to refine the analysis of this information for the Council's use in considering whether to retain or modify the current building size and scale standards, it is important to fully understand the issues or concerns that the City Council would like to address. ~i~ Specifically, how would City Council's questions related to building size and scale be affected by: • Lower building height maximums • Smaller footprint maximums • Greater set back minimums • Greater set backs minimums when adjacent to residential uses • Adjusted building setbacks based on building height • Differences in land uses -are concerns greater or less if the adjacent use is retail, office or some other use? Because the City's current standards for lot coverage of 20% in the neighborhood business district is relatively low in comparison to other zoning districts, discussion of the questions above will permit the City to define and focus on the aspects of building size and scale that are the basis for the concerns. Summary Our survey determined that the cities to which we typically compare ourselves regulate building scale and size with tools and standards similar to the ones Eagan uses. It did not lead us to information on comparable cities restricting maximum building size. The research did identify a small number of additional tools that may be considered - expanded setbacks and FAR standards -but the fundamental question is whether modifications of the current standards or the implementation of additional standards would respond to the issues identified as the City approaches build out. Please contact me or Mike if you have questions or need additional information. //9 Agenda Information Memo February 7, 2006 Eagan City Council Meeting E. ORDINANCE AMENDMENT -CITY OF EAGAN ACTION TO BE CONSIDERED: To approve an Ordinance Amendment to the Sign Ordinance (Chapter 11) to specify gas station canopy signage and direct the City Attorney to prepare and publish the amendment in the legal newspaper. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: - The City Code does not currently contain standards for canopy signage; however, signage requests for business name/logo and corporate color raceway striping have been exclusively approved. The City Attorney's office has advised that this policy practice should be codified. - In 2005, the City Council deliberated a sign company appeal of a staff decision that denied a sign permit request to install. LED gas price signage on a gas station canopy. - The APC held a Public Hearing and recommended approval of the amendment at their regular meeting of January 24, 2006. ISSUES: - The APC stated concern for "gas pump" canopy being too narrowly defined and over- illumination of canopy facades. The APC modified the draft language to remove reference to gas pump/motor fuel sales and added "illumination is limited to business name and/or logo". ATTACHMENTS: (2) Draft January 24, 2006 APC Minutes on page ~o~~'f o7a Staff Memo and revised draft Ordinance Amendment on page~~_ through /ao F. Ordinance Amendment-Canopy Signage Applicant Name: City of Eagan Location: City-wide Application: Ordinance Amendment An Ordinance Amendment to Chapter 11, Section 11.70, Subd. 28, by adding language relative to allowed canopy signage for convenience gas operations. File Number: 01-OR-03-01-06 City Planner Ridley introduced this item and discussed the information presented in a Memorandum dated January 13, 2006, with subject of: Canopy Signage:- Chapter 11 Amendment. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Chair Heyl stated agreement with the proposed. Member Chavez stated concern for the possibility of illumination or neon flashing bands on the canopies. City Planner Ridley explained that flashing fights are not allowed, however neon lights would be allowed. Concern was stated for the narrowness of the amendment since it relates only to gas pump canopies. Member Gladhill stated concern that the lighting is not being addressed adequately and recommended tabling action on the Ordinance Amendment. City Planner. Ridley stated illumination could be restricted and it could be addressed by language modification. Member Keeney stated she is not concerned with illumination of canopies. Chair Heyl explained that illumination of canopies have not been regulated in the planning process in the past and in other communities. She stated the City goes to great lengths to achieve attractive buildings. and, therefore, the same consideration should be given to illumination. Member Matthees suggested removing the words "gas pump" from the language so that it applies to all businesses. The Advisory Planning Commission agreed. Member Chavez moved, Member Gladhill seconded a motion to recommend approval of an Ordinance Amendment to the Sign Ordinance (Chapter 11) to specify that allotted canopy jai signage is limited to business name/logo and corporate color raceway striping and illumination shall be limited to business name/logo. All voted in favor. Motion carried 7-0. Jaa City of Ea~a~ Mcmo To: Chair Heyl and Planning Com~m'i_ssion Members From: Mike Ridley, City Planner ~~` Date: January 13, 2006 Subject: Canopy Signage -Chapter 11 Amendment In September 2005, a sign company appealed a staff decision that denied a sign permit request to install LED gas price Signage on a gas station canopy. The City Code does not contain standards for canopy Signage; however, Signage requests for business name/logo and corporate color raceway striping have been exclusively approved. The City Attorney's office has advised that this policy practice should be codified. The City Council deliberated on the issue that generated the appeal at both the September 21 and November 1, 2005 regular City Council meetings and, ultimately, the Council directed the item to their December Workshop. At the December 12; 2005 Council Workshop, the City Council decided that canopy Signage beyond logo and raceway would be best determined on a case by case basis and that a Variance should be sought if the business owner/sign company believes additional signage is necessary. The draft ordinance language is attached. ACTION TO BE CONSIDERED: To recommend approval of an Ordinance Amendment to the Sign Ordinance (Chapter 11) to specify that allotted gas station canopy Signage is limited to business name/logo and corporate color raceway striping. Please call me at 651-675-5650 if you have any questions. ~a3 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS" BY AMENDING SECTION 11.70 SUBD. 28(E) REGARDING CANOPY SIGNAGE; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Eleven, Section 11.70, Subd. 28(E) is hereby amended to add the following provision: 11. Canopy si~nage. Gas pump canopy ngnage is limited to the business name and/or lobo, and shall not exceed 20% of the canopy facade, excluding corporate color raceway No more than one canop~gn for each street frontage shall be permitted on a canopy for the motor fuel sales business located upon the property. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including `Penalty for Violation"' and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Petersen Its: City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: By: Pat Geagan Its: Mayor /a Y Agenda Information Memo February 7, 2006 Eagan City Council Meeting VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE A. RECOMMENDATION OF THE NOISE OVERSIGHT COMMITTEE (NOC) COMMUNITY REPRESENTATIVES TO MAINTAIN THE EXISTING NOC BYLAW CRITERIA PERTAINING TO PERMANENT REPRESENTATION ON THE NOC. ACTIONS TO BE CONSIDERED: To approve the recommendation of the current NOC community representatives to maintain the existing NOC bylaw criteria pertaining to permanent representation of the NOC by not agreeing to add any more permanent community representatives to the NOC. OR To deny the recommendation of the NOC Community Representatives, and recommend that the communities of Apple Valley, Lakeville, Rosemount, and Farmington receive permanent representation on the NOC. FACTS: - As was communicated to the Council in the January 20, 2006 Additional Information Memo, the MSP Noise Oversight Committee has received a request from the City of Apple Valley for a permanent seat on the NOC. After Apple Valley submitted their request, the cities of Rosemount, Farmington, and Lakeville also contacted the MAC requesting seats of their own on the NOC. According to the NOC bylaws, community representation is defined as those communities within or touched by the most recently developed and submitted Part 150 DNL 65 contour. None of the four cities requesting seats on the NOC meet the criteria for representation set forth in the bylaws. - One option that was suggested when Apple Valley was the sole city seeking representation was to add Apple Valley to the list of five communities that share the rotating, at-large position on the NOC. Currently the at large communities that share one seat on the NOC are Burnsville, St. Louis Park, Inver Grove Heights, Sunfish Lake, and St. Paul. - However, given the interest now being expressed by the four communities, the at large communities do not want to add any additional cities to their at-large group, given that currently, each City only sits on the NOC every five years. - The existing community representatives on the NOC met on January 18, 2006 to discuss the request of the four communities for representation. It was the group's consensus at that time not to add these four communities to the NOC, particularly since such a change /as Legislative/Intergovernmental Relations February 7, 2006 Page 2 would require a bylaws amendment, which in the communities' opinion would be very unlikely to pass given the airport users' desire not to expand the NOC. - At the meeting on the 18th, there were four primary concerns expressed by the existing NOC representatives about adding any new members to the NOC. 1. By adding more permanent seats, the authority of each city is being diluted. 2. The existing bylaws are clear in that all permanent seats on the NOC go to communities that are located within the 65 DNL contours. 3. By adding additional communities, the NOC is going down the same road that MASAC did in the 1990's. MASAC ended up becoming very unbalanced, with there being far more community representation than airport users, and thus the group was dysfunctional and eventually disbanded. 4. The NOC was carefully devised by a blue ribbon panel to ensure balanced representation, and if that balance is skewed, it is possible that the NOC too could become dysfunctional and therefore would lose its effectiveness and/or disband. - However, since this meeting on the 18th, the community representatives have heard from Minneapolis' NOC representative, Councilmember Scott Benson, that he will likely vote in favor of allowing Apple Valley and the other communities to join the NOC, since it is his opinion that it would be very unlikely that the airport user representatives on the NOC would approve the change in the bylaws required to implement the change. Thus, in Councilmember Benson's opinion, the airport user representatives as opposed to the communities would have to be the group to turn down the communities' request. - The four cites that requested seats on the NOC have been invited to a meeting with the NOC community representatives on February 8, 2006 at 3:30 p.m. at Bloomington City Hall. It is anticipated that the four cities will address the community representatives to give their rationale as to why they should become permanent members of the NOC. - Once the four communities have addressed the current NOC communities, the community representatives, under the direction of NOC Co-Chair Vern Wilcox (Bloomington City Councilmember), will be asked to take a vote on whether to recommend a change to the NOC bylaws to add the four cities to the NOC. - Any bylaw change must be brought to the NOC as a whole for consideration, and a super majority of the committee is required to implement any bylaw changes. - An additional purpose of the February 8 meeting is to ask the four cities requesting representation to join with the current NOC-member cities in forming a larger community group to focus on airport issues in the metropolitan area. - It is proposed that this community group will meet 6 times a year (in the months when the NOC doesn't meet) and it is the intent that this group will bring the communities together to seek changes, make recommendations, and speak as "one voice" on what is best for the metropolitan area as a whole with regard to the MSP International Airport. - While there was consensus on the 18th not to expand the community representation on the NOC, it is unclear how each community will actually vote on the 8th, particularly when the Mayors and staffs of each city seeking representation will likely be present. - Councilmember Fields is the City of Eagan's representative on the NOC, and thus, she or alternate Assistant to the City Administrator Miller can comment further on the recommendation being asked of the existing NOC communities. ia6 AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER FEBRUARY 7, 2006 A. CALL TO ORDER B. ADOPT AGENDA '~ 0 C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS ! 3 / 1. CEDAR GROVE REDEVELOPMENT DISTRICT -Receive Request for the Use of Eminent Domain to Acquire the Cedarvale Mall and Schedule Public Hearmg on February 21, 2006 to Consider Authonzahon of Such Action as Outlined in the Cedar Grove Redevelopment TIF Development Agreement between the City and Schafer Richazdson. / 3 9 2. CEDAR GROVE REDEVELOPMENT DISTRICT -Receive Request and Authorization from the Owner of Cedarvale Mall to Have the City's Relocation Consultant Meet with the Mall Tenants to Discuss Relocation Matters and Authorize Staff to Proceed with Such Activities. I C~,6 3. CEDAR GROVE REDEVELOPMENT DISTRICT -Authorize Staff to Negotiate a Joint Powers Agreement with the Dakota County CDA to Perform Procurement and Contract Management of Demolition Services for City Owned Properties in the Cedar Grove Redevelopment District Core Area and to Authorize Execution of the Agreement for that Purpose ~s'O 4. CEDAR GROVE REDEVELOPMENT DISTRICT -Authorize Staffto Enter into Negotiations for the Potential Acquisition of the Ken Myers Property (Eagle Valley Bank) at 3900 Sibley Memorial Highway C ~ 5. CEDAR GROVE REDEVELOPMENT DISTRICT -Authorize Staff to .?~ Enter into Negotiations for the Potential Acquisition of the Nikolay and Natalia Brutsky Property (Minsk Mazket) at 3992 Sibley Memorial Highway F. OTHER BUSINESS G. ADJOURNMENT /~7 Agenda Information Memo Eagan Economic Development Authority Meeting February 7, 2006 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the agenda as presented or modified. C. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the January 17, 2006 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the January 17, 2006 EDA meeting on pages ~ .Q /as MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota January 17, 2006 A meeting of the Eagan Economic Development Authority was held on Tuesday, January 17, 2006 at the Eagan Municipal Center. Present were President Geagan, Commissioner Fields, Commissioner Carlson, Commissioner Tilley, and Commissioner Maguire. Also present were Executive Director Hedges, Community Development Director Hohenstein, City Planner Ridley, Director of Public Works Colbert, and City Attorney Dougherty. ADOPT AGENDA Commissioner Tilley moved, Commissioner Cazlson seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Tilley moved, Commissioner Carlson seconded a motion to adopt a resolution approving the minutes of the December 21, 2005 meeting as presented. Aye: 5 Nay: 0 OLD BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT CONSIDER FINDINGS OF FACT, CONCLUSIONS AND RESOLUTION FOR APPROVAL OF THE TAX INCREMENT DEVELOPMENT AGREEMENT WITH SCRAPER RICHARDSON FOR PROPERTY LOCATED IN THE CORE AREA OF THE CEDAR GROVE REDEVELOPMENT DISTRICT Community Development Director Hohenstein discussed the proposed Tax Increment Development Agreement with Schafer Richazdson for property in the Cedaz Grove Redevelopment District. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the findings of fact, conclusions and resolution for approval of the Tax Increment Development Agreement and the Supplement to the Agreement between the City and Schafer Richardson for property located in the Core Area of the Cedar Grove Redevelopment District. Aye: 5 Nay: 0 ~a9 CEDAR GROVE REDEVELOPMENT DISTRICT SCHEDULE PUBLIC HEARING TO CONSIDER AMENDMENT TO TIF DEVELOPMENT AGREEMENT AND CONSIDER SALE OF CITY OWNED PROPERTY TO US HOMES / LENNAR FOR PRIVATE DEVELOPMENT IN THE NICOLS RIDGE PROJECT. AREA Community Development Director Hohenstein recommended a public hearing be scheduled regarding an amendment to the TIF Development Agreement and to consider the sale of City owned property to US Homes / Lennar. Councilmember Fields moved, Councilmember Tilley seconded a motion to receive the proposed amendment of the Tax Increment Financing Agreement for the Nicols Ridge Project and to schedule a Public Hearing on February 21, 2006 to meet and consider the advisability of the sale of the properties identified below and for approval of the proposed Amendment to the Amended and Restated Development agreement with U.S. Home Corporation, a Delaware corporation, relating to Tax Increment Financing District No. 1 for private development in the Nicols Ridge Project Area. Aye: 5 Nay 0 OTHER BUSINESS There was no other business. ADJOtirRNMENT Commissioner Tilley moved, Commissioner Fields seconded a motion to adjourn the meeting at 7:45 p.m. Aye: 4 Nay: 0 /.30 Agenda Memo Eagan Economic Development Authority Meeting February 7, 2006 1. CEDAR GROVE REDEVELOPMENT DISTRICT -RECEIVE REQUEST FROM THE PROPERTY OWNER, SCRAPER RICHARDSON, FOR THE USE OF EMINENT DOMAIN TO ACQUIRE THE CEDARVALE MALL AND SCHEDULE PUBLIC HEARING ON FEBRUARY 21.2006 TO CONSIDER AUTHORIZATION OF SUCH ACTION AS OUTLINED IN THE CEDAR GROVE REDEVELOPMENT TIF DEVELOPMENT AGREEMENT BETWEEN THE CITY AND SCRAPER RICHARDSON. ACTION TO BE CONSIDERED: To receive a request from the owner of the Cedarvale Mall, Schafer Richardson, for the City to consider the use of eminent domain to acquire the company's property and schedule a public hearing on February 21, 2006 to consider authorization of such action. FACTS: • The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the execution of development agreements that are resulting in the construction of new private development consistent with the City's plans for the area. • Under the TIF Development Agreement between the City and Schafer Richardson, which was approved by the EDA and City Council at its meeting of January 17, the developer may request that the City enter into eminent domain to acquire property, including the mall, which is owned by a partnership that also includes the developer. While the developer and City will work with mall tenants to voluntarily terminate leases and provide relocation assistance, initiation of the eminent domain process sets out a set of timelines and processes that would be followed if not all businesses are relocated through those negotiations. • A public hearing is required whenever eminent domain is to be considered. In this case the owner of the property is requesting that the City take this step consistent with the development agreement. ATTACHMENTS: • Request letter on pages ~,~i•?-~.3s • Area map on page • Resolutions on pages "~ g • Development Agreement available on request. /3 / Cedar Grove Properties, Inc. 6151st Avenue NE, .Suite 500 Minneapoiis, MN 55413 January 25, 2006 By email Mr. Jon Hohenstein City of Eagan and the Eagan Economic Development Authority 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Mr. Hohenstein: This letter is sent pursuant to Section 3.5 of the Development Agreement, Relating to Tax Increment Financing District No. 1, between the Eagan Economic Development Authority, City of Eagan and Cedar Grove Properties, Inca ("Development Agreement"). All capitalized terms used in this letter are terms defined in the Development Agreement. T'he undersigned; on behalf of the Developer, requests that the EDA commence proceeding to acquire the Cedarvale Mall (see attached legal description) through the exercise of the EDA's powers of eminent domain. Please Ie# me know if I can answer any questions. Sincerely, Cedar Grove Properties, Inc. Bradley J. Schafer President /3a LEGAL DESCRIPTION Pazcel 1: That part of the Northeast %4 of Section 19, Township 27, Range 23, Dakota County, Minnesota, described as follows: Commencing at the Northeast corner thereoi, thence South 0 degrees 31 minutes 30 seconds East along the east line of said Northeast '/4 a distance of 609.74 feet: said east line being the center line of Town Road; thence South 38 degrees 27 minutes 22 seconds West along the center line of said Town Road a distance of 545.6 feet; thence.South 49 degrees 56 minutes 43 seconds West along the center line of said Town Road a distance of 589.37 feet; thence North 40 degrees S2 _ minutes 22 seconds West a distance of 171.87 feet to the actual point of beginning; thence South 49 degrees 7 minutes 38 seconds West a distance of 100 feet; thence South 40 degrees 52 minutes 22 seconds East a distance of 126.63 feet, more or less, to the northwesterly right of way line of :Beau-De-Rue Drive; thence South 56 degrees 40 minutes 4 seconds West along the. northwesterly right of way kne of Beau=De-Rue Drive a distance of 949.02 feet, more or less, to a line parallel with and 952.7 feet east of the west line of said. Northeast '/a; _ thence North along said parallel line to a line 40 feet southeasterly of acid parallel with. the southeasterly right of.way.line of State Highway No. 13; ~ thence North 49. degrees 7 minutes 38 seconds East parallel ,with said southeasterly right of way line 655.63 feet, more or less, to a line bearing North 40 degrees 52 minutes 22 seconds West from the point of beginning; thence South 40 degrees 52 minutes 22 seconds East a distance of 443 feet to the point of beginning_ Parcel 2: That part of the Northeast t/. of Section 19, Township 27, -Range 23, Dakota County, Minnesota, described as follows: Commencing at the Southwest corner of said Northeast /4; thence North along the west line of said Northeast '/4 a distance of 198.82 feet; thence East 33 feet to the easterly right of way line of Cedar Avenue; thence North 4'1 degrees 00 minutes East. a distance of 270 feet; thence North 18 degrees 13 minutes East a distance of 159.4. -feet; thence North 40 degrees 55 minutes West a distance of 75 feet to a point on a line parallel with and 60 feet southeasterly of the southeasterly right of way line of State Highway No. 13; thence North 49 degrees 5 minutes East parallel with said /,33 southeasterly right of way.line 408.8 feet; thence North 40 degrees 55 minutes West a distance of 20 feet; thence. North 49 degrees 5 `minutes East parallel with said southeasterly right of way line 150 feet to the actual point of beginning; thence South 40 degrees 55 minutes East a distance of 438.02 feet- more or less to the northwesterly right of way line of Beau-De-Rue Drive; thence northeasterly along said northwesterly right of way line 30.49 feet, more or less, to a line parallel with and 952.7 feet east of the west line of said Northeast '/a; thence North -along said parallel line to a line 40 feet southeasterly of and parallel with the southeasterly right of way line of State Highway No. 13; thence South 49 degrees 5 minutes West parallel with said southeasterly right of way line 413.61 feet, more or less, to the point of beginning. Parcel 3: Together with an easement for road purposes described as follows: Commencing at the Northeast corner of the Northeast'/a of Section 19, Township 27, Range 23; thence South 0 degrees 31 minutes 30 seconds East along the east line of said Northeast'/a a distance of 609.74 feet; thence south 38 degrees 27 minutes 22 seconds West a distance of 545.6 feet; thence South 49 degrees 56 minutes 43 seconds West a distance of 589.37 feet; thence North 40 degrees 52 minutes 22 seconds West a distance of 1?1.87 feet to the actual point of beginning; thence continue North 40 degrees 52 minutes 22 seconds West a distance of 24 feet; thence North 49 degrees 7 minutes 38 seconds East a distance of 375.81 feet, more or less, to the southwesterly right of way line of Rahn Road; thence southeasterly along said southwesterly right of way line 24 feet, more or less, to its ~~-_ ~ intersection with a line bearing North 49 degrees 7 minutes 38 seconds East from the point of beginning; thence South 49 degrees 7 minutes 38 seconds West a distance of 378.77 feet to the poirrt of beginning. Pazce14: Together with an easement for service road purposes described as follows: Beginning at the intersection of the southeasterly right of way line of State Highway No. 13 with a line drawn parallel with and 952.7 feet east of the west line of the Northeast '/a of Section 19; Township 27, Range 23; thence south along said parallel line to its intersection with a line drawn parallel with and 40 feet southeasterly of the southeasterly right of way line of State Highway No. 13; thence northeasterly parallel with said southeasterly right of way line 655.63 feet; thence northwesterly at right angles 40 feet to said southeasterly right of way line; thence southwesterly along said southeasterly right of way line to the point of beginning. . Parcel 5: Together with an easement for service road purposes described as follows: Commencing at the southwest corner of the Northeast '/a of Section 19, Township 27, Range 23; thence North along the west line of said Northeast %a a distance of 198.82 feet; thence East 33 feet to the easterly right of way line of Cedaz Avenue; thence North 47 degrees 00 minutes east a distance of 270 feet; thence North 18 degrees 13 minutes East a distance of /3~ 159.4 feet; thence North 40 degrees 55 minutes West a distance of 75 feet to a line parallel with and 60 feet southeasterly of the southeasterly right of way line of State Highway No. 13; thence North 49 degrees S minutes East parallel with said southeasterly right of way line 408.8 feet; thence North 40 degrees SS minutes West a distance of 20 feet to the actual point of beginning; thence continue North 40 degrees 55 minutes West a distance of 40 feet to the southeasterly right of way line of State Highway No: 13; thence North 49 degrees ~5 minutes East along said southeasterly right of way line 598.28 feet to its intersection with a line parallel with and 952.7 feet east of the west line of said Northeast '/a; thence South along said parallel line to its intersection with a line parallel with and 40 feet southeasterly of the southeasterly right of way line of State Highway No. 13; thence South 49 degrees 5 minutes West parallel with said right of way line 563.61 feet to the point of beginning: EXCEPT that part of Pazcels 1 and 2 described as follows: That part of the Northeast '/< of Section 19, Township 27, Range 23, Dakota County, Minnesota, described as follows: Commencing at the Southwest corner of said Northeast '/.; thence North along the west line of said Northeast'/e a distance of 198.82 feet; thence East 33 feet to the easterly right of way line of Cedar Avenue; thence North 47 degrees East a distance of 270 feet; thence North 18 degrees 13 minutes East a distance of 159.4 feet; thence North 40 degrees 55 minutes West a distance of 75 feet to a point on a line pazallel with and 60 feet southeasterly of the southeasterly right of way line of State Highway No. 13; thence North 49 degrees 5 minutes East parallel with said southeasterly right of way line 408,8 ~ feet; thence North 40 degrees 55 minutes West a distance of 20 feet; thence North 49 _ degrees 5 minutes East parallel with said southeasterly right of way line 150 feet; thence south 40 degrees 55 minutes East a distance of 367 feet; thence North 49 degrees 5 minutes East a distance of 70 feet to the actual point of beginning; thence continuing North 49 degrees 5 minutes East a distance of 110 feet; thence South 40 degrees 55 minutes East a distance of 95.04 feet, more or less, to the northwesterly right of way line of Beau-De-Rue Drive; thence southwesterly along said northwesterly right of way line to a line. bearing South 40 degrees 55 minutes East from the point of beginning; thence North 40 degrees 55 minutes West to the point of beginning. /3S city aF eagan Cedar Grove Redevelopment Area 0 325 650 ~' Feet Cedarvale Mall Property Location /.36 CITY OF EAGAh' RESOLUTION TO SCHEDULE PUBLIC HEARING ON FEBRUARY 21, 2006 TO CONSIDER AUTHORIZATION OF ENIINENT DOMAIN TO ACQUIRE THE CEDARVALE MALL AS OUTLINED IN THE CEDAR GROVE REDEVELOPMENT TIF DEVELOPMENT AGREEMENT BETWEEN THE CITY AND SCRAPER RICHARDSON BE IT RESOLVED by the Eagan City Council to receive a request from the property owner of the Cedarvale Mall that the property be acquired through eminent domain and to schedule Public Hearing on February 21, 2006 to consider such action consistent with the TIF Development Agreement between the City and Schafer Richardson. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Mira Pepper, Deputy 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 7th day of February, 2006. Mira Pepper, Deputy City Clerk /3~ EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION TO SCHEDULE PUBLIC HEARING ON FEBRUARY 21, 2006 TO CONSIDER AUTHORIZATION OF EMINENT DOMAIN TO ACQUIRE THE CEDARVALE MALL AS OUTLINED IN THE CEDAR GROVE REDEVELOPMENT TIF DEVELOPMENT AGREEMENT BETWEEN THE CITY AND SCRAPER RICHARDSON BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to receive a request from the property owner of the Cedarvale Mall that the property be acquired through eminent domain and to schedule Public Hearing on February 21, 2006 to consider such action consistent with the TIF Development Agreement between the City and Schafer Richardson. Motion by: Second by: Those in Favor: Those Against: CE)~TIFICATION I, Jon Hohenstein, 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 7th day of February, 2006. Jon Hohenstein, Secretary/Deputy Executive Director /,~s Agenda Memo Eagan Economic Development Authority Meeting February 7, 2006 2. TO HAVE THE CITY'S RELOCATION CONSULTANT MEET WITH THE MALL TENANTS TO DISCUSS RELOCATION MATTERS AND AUTHORIZE STAFF TO PROCEED WITH SUCH ACTIVITIES. ACTION TO BE CONSIDERED: To receive a request and authorization from the owner of Cedarvale Mall to have the City's relocation consultant meet with the mall tenants to discuss relocation matters and authorize staff to proceed with such activities. FACTS: • The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the execution of development agreements that are resulting in the construction of new private development consistent with the City's plans for the area. • The developer is planning to include the Cedarvale Mall in the first phase of the redevelopment project and, in order to vacate the mall to permit it to be demolished, it is necessary to accomplish the relocation of businesses currently located within the mall. That typically occurs as part of an acquisition or eminent domain process. While the initiation of eminent domain is requested in the business item above, many of the tenants, the City and the developer would like to be able to proceed with relocation activities as soon as possible. • The property owner's letter gives the City that authorization. The City Attorney and staff are requesting that the City Council receive the letter and direct the activities described in it to formalize the authority between the property owner and the City. • A public hearing is required whenever eminent domain is to be considered. In this case the owner of the property is requesting that the City take this step consistent with the development agreement. ATTACHMENTS: • Request letter on pages ~ .. ~ 13 • Resolutions on pages "'/ ~f S~ /39 Cedar Grove Properties, LLC 615181 Avenue NE, Suite 500 Minneapolis, MN 55413 January 25, 2006 By email Mr. Jon Hohenstein City of Eagan and the Eagan Economic Development Authority 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Mr. Hohenstein: The undersigned is authorized to act on behalf of Cedar Grove Properties, LLC ("Mall Owner"), the owner of the property identified as the Cedarvale Mall (see attached legal description) (the "Property"). This letter is provided at the request of the City of Eagan and the Eagan Economic Development Authority (singularly or together, the "City") consistent with the proposed redevelopment of the Property under the Development Agreement, Relating to Tax Increment Financing District No. 1, between the Eagan Economic Development Authority, City of Eagan and Cedaz Grove Properties, Inc. 1. The City is free to have its relocation consultant meet with and discuss relocation options with tenants occupying the Property. 2. The Mall Owner will work with tenants and the City's relocation consultants to arrange mutually satisfactory relocations and corresponding lease terminations. 3. The Mall Owner will waive any claim of damages by the tenant by reason of any breach of the lease related to such termination and relocation. 4. The Mall Owner waives and releases the City from any damages that the Mall Owner may suffer as the result of any tenant terminating its lease. Please let me know if I can answer any questions. Sincerely, Cedar Grove Properties, LLC Bradley J. Schafer Chief Manager /~O LEGAL DESCRIPTION Parcel 1: That part of the Northeast '/a of Section 19, Township 27, Range 23, Dakota County, Minnesota, described as follows: Commencing at the Northeast corner thereof; thence South 0 degrees 31 minutes 30 seconds East along the east line of said Northeast '/< a distance of 609.74 feet, said east line being the center line of Town Road; thence South 38 degrees 27 minutes 22 seconds West along the center line of said Town Road a distance of 545.6 feet; thence -South 49 degrees 56 nrinutes 43 seconds West along the center line of said Town Road a distance of 589.37 feet; thence North 40 degrees 52 i__ minutes 22 seconds West a distance of 171.87 feet to the actual point. of beginning; thence. South 49 degrees 7 minutes 38 seconds West a distance of 100 feet; thence South 40 degrees S2 minutes 22 seconds East a distance of 126.63 feet, more or less, to the northwesterly right of way line of Beau-De-Rue Drive; thence South 56 degrees 40 minutes 4 seconds West along the northwesterly right of way line of Beau-De-Rue Drive a distance of 949.02 feet, more or less, to a line parallel with and 952.7 feet east of the west line of said Northeast.'/a; thence North along said parallel line to a line 40 feet southeasterly of and parallel with the southeasterly right of way line of State Highway No. 13; thence North 49 degrees 7 minutes 38 seconds East parallel -with said southeasterly right of way line 655.63 feet, more or less, to a line bearing North 40 degrees 52 minutes 22 seconds West from the point of beginning; thence South 40 degrees 52 minutes 22 seconds East a distance. of 443 feet to the point of beginning. Parcel 2: That part of the Northeast '/a of Section 19, Township 27, Range 23, Dakota County, Minnesota, described as follows: Commencing at the Southwest corner of said Northeast '/a; thence North along the west line of said Northeast ~/a a distance of 198.82 feet; thence East 33 feet to the easterly right of way line of Cedar Avenue; thence North 47 degrees 00 minutes East a distance of 270 feet; thence North 18 degrees 13 minutes East a distance of 159.4. feet; thence North 40 degrees 55 minutes West a distance of 75 feet to a point on a line parallel with and 60 feet southeasterly of the southeasterly right of way line of State Highway No. 13; thence North 49 degrees 5 minutes East parallel with said /Y/ southeasterly right of way line 408.8 feet; thence North 40 degrees SS minutes West a distance of 20 feet; .thence North 49 degrees 5 ~ minutes East parallel with said southeasterly right of way line 1S0 feet to the actual point of beginning; thence South 40 degrees SS minutes East a distance of 438.02 feet more or less to the northwesterly right of way line of Beau-De-Rue Drive; thence northeasterly along said northwesterly right of way line 30.49 feet, more or less, to a line parallel with and 952.7 feet east of the west line of said Northeast '/a; thence North along said parallel line to a Iine 40 feet southeasterly of and parallel with the southeasterly right of way line of State Highway No. 13; thence South 49 degrees 5 minutes West parallel with said southeasterly right of way line 413.61 feet, more or less, to the point of beginning. Parcel 3: Together with an easement for road purposes described as follows: Commencing at the Northeast corner of the Northeast '/4 of Section 19, Township 27, Range 23; thence South 0 degrees 31 minutes 30 seconds East along the east line of said Northeast'/. a distance of 609.74 feet; thence south 38 degrees 27 minutes 22 seconds West a distance of 545.6 feet; thence South 49 degrees 56 minutes 43 seconds West a distance of 589.37 feet; thence North 40 degrees S2 minutes 22 seconds West a distance of 171.87 feet to the actual point of beginning; thence continue North 40 degrees S2 minutes 22 seconds West a distance of 24 feet; thence North 49 degrees 7 minutes 38 seconds East a distance of 375.81 feet, more or less, to the southwesterly right of way line of Rahn Road; thence southeasterly along said southwesterly right of way line 24 feet, more or less, to its intersection with a line bearing North 49 degrees 7 minutes 38 seconds East from the point of beginning; thence South 49 degrees 7 minutes 38 seconds West a distance of 378.77 feet to the point of beginning. Pazcel 4: Together with an easement for service road purposes described as follows: Beginning at the intersection of the southeasterly right of way line of State Highway No. 13 with a line drawn parallel with and 952.7 feet east of the west line of the Northeast '/< of Section 19, Township 27,-Range 23; thence south along said parallel line to its intersection with a Iine drawn pazaIleI with and 40 feet southeasterly of the southeasterly right of way line of State Highway No. 13; thence northeasterly parallel with said southeasterly right of way line 6SS.63 feet; thence northwesterly at right angles 40 feet to said southeasterly right of way line; thence southwesterly along said southeasterly right of way line to the point of beginning. Parcel S: Together with an easement for service road purposes described as follows: Commencing at the southwest corner of the Northeast '/. of Section 19, Township 27, Range 23; thence North along the west line of said Northeast %< a distance of 198.82 feet; thence East 33 feet to the easterly right of way line of Cedar Avenue; thence North 47 degrees 00 minutes -east a distance of 270 feet; thence North 18 degrees 13 minutes East a distance of iYa 159.4 feet; thence North 40 degrees 55 minutes West a distance of 75 feet to a line parallel with and 60 feet southeasterly of the southeasterly right of way line of State Highway No. 13; thence North 49 degrees 5 minutes East parallel with said southeasterly right of way line 408.8 feet; thence North 40 degrees 55 minutes West a distance of 20 feet to the actual point of beginning; thence continue North 40 degrees 55 minutes West a distance of 40 feet to the southeasterly right of way line of State Highway No: 13; thence North 49 degrees ~5 minutes East along said southeasterly right of way line 598.28 feet to its intersection with a line parallel with and 952.7 feet east of the west line of said Northeast '/<; thence South along said parallel line to its intersection with a line parallel with and 40 feet southeasterly of the southeasterly right of way line of State Highway No. 13; thence South 49 degrees S minutes West pazallel with said right of way line 563.61 feet to the point of beginning. EXCEPT that part of Parcels 1 and 2 described as follows: That part of the Northeast '/< of Section 19, Township 27, Range 23, Dakota County, Minnesota, described as follows: Commencing at the Southwest comer of said Northeast '/4; thence North along the west line of said Northeast '/a a distance of 198.82 feet; thence East 33 feet to the easterly right of way line of Cedaz Avenue; thence North 47 degrees East a distance of 270 feet; thence North 18 degrees 13 minutes East a distance of 159.4 feet; thence North 40 degrees 55 minutes West a distance of 75 .feet to a point on a line parallel with and 60 feet southeasterly of the southeasterly right of way line of State Highway No. 13; thence North 49 degrees 5 minutes East pazallel with said southeasterly right of way line 408.8 feet; thence North 40 degrees 55 minutes West a distance of 20 feet; thence North 49 degrees 5 minutes East pazallel with said southeasterly right of way line 150 feet; thence south 40 degrees 55 minutes East a distance of 3b7 feet; thence North 49 degrees 5 minutes East a distance of 70 feet to the actual point of begimning; thence continuing North 49 degrees 5 minutes East a distance of 110 feet; thence South 40 degrees 55 minutes East a distance of 95.04 feet, more or less, to the northwesterly right of way line of Beau-De-Rue Drive; thence southwesterly along said northwesterly right of way line to a line. bearing South 40 degrees 55 minutes East from the point of beginning; thence North 40 degrees 55 minutes West to the point of beginning. ivy CITY OF EAGAN RESOLUTION TO RECEIVE A REQUEST AND AUTHORIZATION FROM THE OWNER OF CEDARVALE MALL TO HAVE THE CITY'S RELOCATION CONSULTANT MEET WITH THE MALL TENANTS TO DISCUSS RELOCATION MATTERS AND AUTHORIZE STAFF TO PROCEED WITH SUCH ACTIVITIES BE IT RESOLVED by the Eagan City Council to receive a request and authorization from the owner of Cedarvale Mall to have the City's relocation consultant meet with the mall tenants to discuss relocation matters and authorize staff to proceed with such activities, provided that the developer first provide a letter of credit in favor of the City in an amount and form acceptable to the Finance Director and City Attorney. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Mira Pepper, Deputy 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 regulaz meeting thereof assembled this 7th day of February, 2006. Mira Pepper, Deputy City Clerk /Y $~ EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION TO RECEIVE A REQUEST AND AUTHORIZATION FROM THE OWNER OF CEDARVALE MALL TO HAVE THE CITY'S RELOCATION CONSULTANT MEET WITH THE MALL TENANTS TO DISCUSS RELOCATION MATTERS AND AUTHORIZE STAFF TO PROCEED WITH SUCH ACTIVITIES BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to to receive a request and authorization from the owner of Cedarvale Mall to have the City's relocation consultant meet with the mall tenants to discuss relocation matters and authorize staff to proceed with such activities, provided that the developer first provide a letter of credit in favor of the City in an amount and form acceptable to the Finance Director and City Attorney. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION 1, Jon Hohenstein, 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 regulaz meeting thereof assembled this 7th day of February, 2006. Jon Hohenstein, Secretary/Deputy Executive Director /y s Agenda Memo Eagan Economic Development Authority Meeting February 7, 2006 3. AUTHORIZE STAFF TQ NEGOTIATE A JOINT POWERS AGREEMENT WITH THE DAKOTA COUNTY CDA TO PERFORM PROCUREMENT AND CONTRACT MANAGEMENT OF DEMOLITION SERVICES FOR CITY OWNED PROPERTIES IN THE CEDAR GROVE REDEVELOPMENT DISTRICT CORE AREA AND TO AUTHORIZE EXECUTION OF THE AGREEMENT FOR THAT PURPOSE ACTION TO BE CONSH)ERED: To authorize staff to negotiate a Joint Powers Agreement with the Dakota County CDA to perform the procurement and contract management of demolition services for City owned properties in the Cedar Grove Redevelopment District Core Area and to authorize execution of the agreement for that purpose. FACTS: • The City has taken steps to bring about the redevelopment of the Cedaz Grove Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the execution of development agreements that are resulting in the construction of new private development consistent with the City's plans. • There are a number of buildings that the City has acquired in the past that have been left in place to continue to permit the area to qualify for redevelopment district status, in the event that the district would pass statutory deadlines and need to be recertified. With the execution of the TIF Development Agreement for the redevelopment of the Core Area, the project is in process to the point that the vacant City owned buildings may be demolished. • City staff and staff of the Dakota County CDA have discussed a contract relationship under which the CDA would coordinate the selection of contractors and the management of contracts for the environmental remediation and demolition of buildings in the area, with administrative costs for the activity to be covered by the administrative expense reimbursement under the City's CDBG allocation. The CDA has considerable experience in such activities and is well suited to insure that they meet all HUD standards for reimbursement. The cost for the service would be 2.5% of the cost of the contract activity. • Staff is requesting authorization from the EDA and City Council for the negotiation of a joint powers agreement to cover those activities and authorization for the appropriate parties to execute the agreements when completed. ATTACHMENTS: • Area map on page • Resolutions on pages " ~ /Y6 /~~ CITY OF EAGAN RESOLUTION TO AUTHORIZE STAFF TO NEGOTIATE A JOINT POWERS AGREEMENT WITH THE DAKOTA COUNTY CDA TO PERFORM PROCUREMENT AND CONTRACT MANAGEMENT OF DEMOLITION SERVICES FOR CITY OWNED PROPERTIES IN THE CEDAR GROVE REDEVELOPMENT DISTRICT CORE AREA AND TO AUTHORIZE EXECUTION OF THE AGREEMENT FOR THAT PURPOSE BE IT RESOLVED by the Eagan City Council Authorize Staff to to authorize staff to negotiate a Joint Powers Agreement with the Dakota County CDA to perform procurement and contract management of demolition services for City owned properties in the Cedar Grove Redevelopment District Core Area and to authorize execution of the Agreement for that purpose, provided that the developer first provide a letter of credit in favor of the City in an amount and form acceptable to the Finance Director and City Attorney. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Mira Pepper, Deputy 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 7th day of February, 2006. Mira Pepper, Deputy City Clerk /S`s EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION TO AUTHORIZE STAFF TO NEGOTIATE A JOINT POWERS AGREEMENT WITH THE DAKOTA COUNTY CDA TO PERFORM PROCUREMENT AND CONTRACT MANAGEMENT OF DEMOLITION SERVICES FOR CITY OWNED PROPERTIES IN THE CEDAR GROVE REDEVELOPMENT DISTRICT CORE AREA AND TO AUTHORIZE EXECUTION OF THE AGREEMENT FOR THAT PURPOSE BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to authorize staff to negotiate a Joint Powers Agreement with the Dakota County CDA to perform procurement and contract management of demolition services for City owned properties in the Cedar Grove Redevelopment District Core Area and to authorize execution of the Agreement for that purpose, provided that the developer first provide a letter of credit in favor of the City in an amount and form acceptable to the Finance Director and City Attorney. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, 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 7th day of February, 2006. Jon Hohenstein, Secretary/Deputy Executive Director ~~y Agenda Memo Eagan Economic Development Authority Meeting February 7, 2006 4. AUTHORIZE STAFF TO ENTER INTO NEGOTIATIONS FOR THE POTENTIAL ACQUISITION OF THE KEN MYERS PROPERTY (EAGLE VALLEY BAND AT 3900 SIBLEY MEMORIAL HIGHWAY ACTION TO BE CONSIDERED: To authorize negotiations for the possible acquisition of the Ken Myers Property (Eagle Valley Bank) at 3900 Sibley Memorial Highway as a voluntary sale to the EDA for future redevelopment purposes. FACTS: • The City has taken steps to bring about the redevelopment of the Cedaz Grove Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the execution of development agreements that aze resulting in the construction of new private development consistent with the City's plans. At the present time, the City is working with Ryland and Schafer Richazdson as the master developer of the core redevelopment area to initiate the next phases of the redevelopment. • While most property acquisitions in the past have been in anticipation of a specific redevelopment plan for a portion of the area, the City has also considered the voluntary acquisition of properties in which there is a willing seller. The City has been approached by Ken Myers, owner of the Property occupied by the Eagle Valley Bank loan office, 3900 Cedarvale Drive, regarding the possible City acquisition of the property. • Staff is requesting authorization from the EDA and City Council to enter into negotiations with Mr. Myers to purchase the property. ATTACHMENTS: • Request letter on page ~ ~/ • Area map on page /So I~ I~ IS/ON J T BUSINESS STRATEGY FINANCIAL STRATEGY TECHNOLOGY STRATEGY January 30, 2006 Mr. John Hohenstein City Of Eagan, Minnesota 3830 Pilot Knob Road Eagan, MN 55122 Mr. Hohenstein, Per my recent discussion with the Eagan City Attorney, Bob Bauer, I understand the first step toward property acquisition related to the Cedar Grove Redevelopment is to submit a letter of interest. I would like this letter for formally represent my interest in entering into negotiations for acquisition of my property located at 3900 Sibley Memorial Highway. Sincerely, Kenneth D. Myers ~~~~od~~ FEB 4 ~ 2006 /S/ 3900 SIBLEY MEMORIAL HWY, EAGAN, MN 55122 voice 651/454 6300 fax651/454 6700 ZllebVI510N-COMPANIES.COM /G~ Agenda Memo Eagan Economic Development Authority Meeting February 7, 2006 5. AUTHORIZE STAFF TO ENTER INTO NEGOTIATIONS FOR THE POTENTIAL ACQUISITION OF THE NIKOLAY AND NATALIA BRUTSKY PROPERTY (NIINSK MARKET) AT 3992 SIBLEY MEMORIAL ffiGHWAY ACTION TO BE CONSIDERED: To authorize negotiations for the possible acquisition of the Nikolay and Natalia Brutsky property (Minsk Market) at 3992 Sibley Memorial Highway as a voluntary sale to the EDA for future redevelopment purposes. FACTS: • The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the execution of development agreements that aze resulting in the construction of new private development consistent with the City's plans. At the present time, the City is working with Ryland and Schafer Richazdson as the master developer of the core redevelopment area to initiate the next phases of the redevelopment. • While most property acquisitions in the past have been in anticipation of a specific redevelopment plan for a portion of the area, the City has also considered the voluntary acquisition of properties in which there is a willing seller. The City has been approached by Nikolay and Natalia Brutsky, owner of the property occupied by the Minsk Market, 3992 Cedarvale Drive, regarding the possible City acquisition of the property. • Staff is requesting authorization from the EDA and City Council to enter into negotiations with the Brutskys to purchase the property. ATTAC~IlVIENTS: • Request letter on page .5~f ''t • Area map on page _ /5~ Nikolay 8c Natalia Brutsky 3992 Sibley Mem. Hwy Eagan, MN 55122 Jan. 31, 2006 To: City of Eagan We, Nikolay and Natalia Brutsky would like to nagosiate with the City of Eagan regazding the sale of the building that we own, known as "Minsk Mazket inc." Sinserely: /s V /ss Agenda Information Memo Eagan Economic Development Authority Meeting February 7, 2006 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting. /56 ., U .~ N w O ~Oy 'O ~. w N 00 U b. N GJ G N U H U ~_ O U N ~~ 7 N ai w U ~ N ~ C a~ O O U F O O O O ~ ~ U U U iF U ~ ov'o ~ ~ N l0 N 00 7 O b L. O rl C O 00 O O ~+ .+ 00 Vl l~ N ~ ~./ C 7 'O k O ~Q I vii ao ~--i U O y O O. .^. ~ .~' ~i y~,~ "' w v U O ~ ~, •~, ~ p 'a. L7 ~ ~ ~ o .3 ~ • C7 x' U a F-~ U O O O O O O O O O O O O ~ ~ ~ ~ ~ h ~ .-~ .., ... ~ r. N O O O O O 00 ~n O -+ O O Ol ~ ~ ~ O ~ ~ y ,-. 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John Wayne Cina, a single person; Teacher Federal Credit Union; and Northern States Power Company, a Minnesota corporation d/b/a Xcel Energy, John Doe; Mary Roe, and all others claiming any interest in the property described in Petitioner's Petition, Respondents. ~~_ ,~ WHEREAS, the above-entitled action is a condemnation action whereby the City of Eagan (hereinafter the "City") acquired right-of-way, drainage and utility and temporary construction easements for Eagan Public Improvement Project No. 874 (hereinafter the "Project") over a portion of property owned by John Wayne Cina (hereinafter "Cina") as more particularly described in its Petition (the "Easement"); and WHEREAS, the City and Cina have reached a settlement as to the amount of just compensation to be paid by the City to Cina for the acquisition of the Easement. NOW WHEREFORE, in consideration of the mutual promises herein set forth, the Petitioner, City of Eagan, and Respondent, John Wayne Cina, by and through their attorneys, DISTRICT COURT FIRST JUDICIAL DISTRICT Case Type 2. Condemnation COURT FILE NO.: C7-03-7426 C Nl~ STIPULATION OF SETTLEMENT, ORDER FOR JUDGMENT AND JUDGMENT expressly agree to the following: ~~NfIDfNTIq[ Page 2/STIPULATION OF SETTLEMENT, ORDER FOR JUDGMENT AND JUDGMENT 1. SETTLEMENT OF ACTION. The parties stipulate that the above-entitled matter has been fully compromised and settled as to the property owned by Respondent John Wayne Cina. 2. PAYMENT BY CITY. The City shall pay to John Wayne Cina total compensation of $50,000.00 as and for any and all damages arising out of or relating to this action. Payment shall be made as follows: $36,200.00 - receipt of which is previously acknowledged by John Wayne Cina. $13,800.00 - to be paid by the City within 30 days after final approval 3. FINAL CERTIFICATE/DISCHARGE of LIS PENDENS. The City will file its Final Certificate and release the property from any Lis Pendens. Dated: , 2006. SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. By: Robert B. Bauer, I.D. #227365 Attorneys for Petitioner, City of Eagan 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 (952) 432-3136 ,;~:~~ ,~„_ .: Dated: , 2006. PARKER & ROSEN, LLC By: Daniel N. Rosen, I.D. #250909 Attorney for Respondent, John Wayne Cina 133 First Avenue North Minneapolis, MN 55401 (612) 767-3000 s z ~ `~ t;:;~ "~. '~~ .,k; ,. ,;.,4~,, .,, Dated: , 2006. John Wayne Cina CO ~~ OF ~~ Page 3/STIPULATION OF SETTLEMENT, ORDER FOR JUDGMENT AND JUDGMENT ~` ORDER Based on the afore-mentioned Stipulation, it is hereby Ordered that: The above-referenced action is hereby settled as to the property owned by Respondent, John Wayne Cina, and also settled as to interested parties Teacher Federal Credit Union and Northern States Power Company d/b/a Excel Energy, without an award of costs and disbursements to any party. The City of Eagan shall pay to John Wayne Cina the amounts set forth in Paragraph 2 above and at the time and according to the terms as set forth in Paragraph 2 above. The City shall file its Final Certificate relating to the property, and release the property from any Lis Pendens. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: 2006. Judge of District Court ~~~ ~~~~ k~~~ti~~ ~;, '~,, y a{ ~^:~ ,+ ~~„ ~..,, v mi`l' __ =-. , city of eagan i C~ MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 7, 2006 SUBJECT: ADMINISTRATIVE AGENDA CITY ATTORNEY The City Council reserves the right to hold an executive session to consider any pending or current litigation or matters of labor and personnel issues. The City Council should note that the City Attorney Mike Dougherty is out of town and Bob Bauer will be serving as City Attorney at the meeting tomorrow. At this time there are no items to be considered under City Attorney. CITY ADMINISTRATOR There are no items at this time. PUBLIC WORKS ITEM 1. NPDES Permit Tracking Application/SEH Client Portal Services The consultant agreement would provide the City with access to a website, maintained by one of the City's engineering consultants, SEH, Inc., dedicated for City staff to input data to provide all documentation needed to meet our National Pollutant Discharge Elimination System (NPDES) permit and Minnesota Pollution Control Agency (MPCA) requirements. This website could be used to provide the required documentation electronically to the MPCA, relieving the City's need to provide periodic hard-copy documentation. The use of the website to input reporting data from City staff and the electronic documentation directly to the MPCA is anticipated to significantly reduce staff time to manage the City's Storm Water Pollution Prevention Plan (SWPPP). The total cost of the application in the first year will be $7,871 ($2,495 Set-up Fee + $5,376 Ongoing Service Fee). In subsequent plan years, the City of Eagan would pay the Ongoing Service fee (and related training costs if necessary) for an annual cost of $5,376/year. The one time set up fee would be charged to the Trunk Storm Water Fund and the ongoing annual costs would be equally split between the Storm Sewer (#64) and Water Quality (#65) operating budgets. »~ ACTION TO BE CONSIDERED: Approve the agreement for the Client Portal Services with the contractor, Short Elliott Hendrickson, Inc. (SEH, Inc.) and authorize the Mayor and City Clerk to execute all related documents. ATTACHMENTS: • Client Services Agreement with SEH, Inc., pages~~ through~s~ COMMUNITY DEVELOPMENT The Development/Construction Activity Update is attached on pages through /79 APPLICATION SERVICE PROVIDER MASTER AGREEMENT FOR SEH CLIENT PORTAL SERVICES This Agreement is made between Short Elliott Hendrickson, Inc. (SEH, Inc.) and The City of Eagan, Minnesota Hereafter referred to as the ("Client") on Fe.bjliary lti`, 2006. In consideration of the Client retaining SEH, Inc. to provide and maintain the SEH Client Portal Services, it is agreed as follows: 1. Compensation and Term The Client hereby retains SEH, Inc. and SEH, Inc. hereby agrees to provide and maintain the SEH Client Portal Services. These services will be delivered via the Internet and will be defined in the following paragraphs and addendums. The Client agrees to pay SEH, Inc. the amount listed in Service Addendum l attached at the end of this Agreement. 2. Providing Service The SEH Client Portal Service will provide the Client with the means to ~~c~~s ail contracted services using their web browser and the Internet. The type of service(s) that khis agreen~cnt covers is listed in Service Addendum 1 attached at the end of this Agreement. This Agreement does nc~t i nclude the Client's connection to the Internet. Technical Application Support (TAS) is defined as providing assistance on how to use the ~phlication from a technology perspective within the web browser. (i.e.-The ertd user of the application does not understand how to move from one page to the next. TAS will respond to a request on how to do that.) The service also includes: • TAS for Client provided via a "krgi:est Technical Help" link on the start page. • TAS for client system administratrrs ~ru~, ided~by phone and direct email. • Archival of databases upon request ~,n~l nut to exceed once each month. • Any upgrades developed during the Agmemcnt. 3. Providing Support SEH, Inc. will provide up to four (4) hours of TAS per tnoi~th during the duration of this Agreement. Additional TAS will be billedat the rate of $75/hour that ~,vill be billed in fifteen (15) minute increments. Training sessions can b; substituted for a months TAS work twice each calendar year. This substitution is limited to f~nir (-3) ht~m~s ~f tr~inina time. Additional time and expenses allocated in order to carry out a training sessi~~n will be n~~~otiated in a separate contract. 4. ServiceLevel The SEH Client `Y~rtal Service ti~ i II he available and working 99.9% of the time between the hours of 7:00 AM and 7:00 ]?VI Monday throu<J~ Eriday, excluding national holidays. (Availability) The SEH Client Portal Service will also he a~ a i labia at other times but will not be eligible for Credits as described in Section 5 labeled Credits b~ Ivy°. City of Fagan, ib1N February I, 2006 Page 1 of 6 / ~O APPLICATION SERVICE PROVIDER MASTER AGREEMENT FOR SEH CLIENT PORTAL SERVICES 5. Credits In the event that there is a lack of Availability, SEH, Inc. will credit the monthly service charge for the Service as calculated below and as measured twenty four (24) hours per day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month: Service Availability Credit 99.9% and above No Credit 98.0% up to 99.9% 10% 95.0% up to 98.0% 25% 90.0% up to 95.0% SO% Below 90.0% 100% In order for the Client to receive a credit on its account, the Client must request such credit within ten (10) business days after it experienced a lack of Availability. The Client must request credit by sending an electronic mail message to creditrequest~c~sehinc.com. For security reasons, the body of this message must contain the Client's invoice number as shown on its invoice; the dates and times of the unavailability of the Service, and such other client identification requested by SEH, Inc. Credits will usually be applied within sixty (60) days of the Client's credit request. Credit to the Clicni's eero~,nt shall be its sole and exclusive remedy in the event that there is no Availability. 6. Credit Restrictions Credit shall not be provided to Client in the event that it exl~criences ~ I~r~k of Availability resulting from (i) scheduled maintenance as posted from time to time on the porrrl site, (ii) Client's behavior or the performance or failure of its equipment, facilities or applications, nr (iii i circumstances beyond SEH, Inc. reasonable control, including, without limitation, acts of any goy e~ mnental body, war, insun-ection, sabotage, embargo, fire, flood, strike or other labor disturbance, intem~l?tior~ of or delay in transportation, unavailability of interruption or delay in telecommunications or th it ~ party services (including DNS propagation), failure of third party software or hardware or inability t,,~ ubtain raw materials, supplies, or power used in or equipment needed fir provision of Client's Service. ~' 7. Ownership of System anti Data The Client acknowledges ~ hat u I I hro~am files are the solr; ownership of SEH, Inc. and SEH, Inc. acknowledges that all Client-pru~ i~led data is the sole ownership of the Client. SEH, Inc. reserves the right to download the database file~ror maintcn~ince and backup purposes. 8. Use of System SEH, Inc:.grants the Client with lin.ited usz u2 the administrative portion of their system by a limited number Client employees. The Client is not authorized to give other organizations access to the system or otherwise share the system with anyone outside the Client organization. SEH, Inc. reserve the right to cancel service if~thisis not observed. 9. Confidentiality of Agreement SEH, Inc. recognizes and acknowledges that this Agreement creates a confidential relationship between SEH, Inc. and the Client and that information concerning the Client's business affairs is confidential in nature. All such information concerning the Client is hereinafter collectively referred to as "Confidential Information." 10. Non-Disclosure SEH, Inc. agrees that, except as directed by the Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever and that upon the termination of this Agreement it will turn over to the Client database files, documents, papers, and other matter in its possession or control that relate to the Client. City of Ea;an, ;b9N February 1, 2006 Pa e 2 ~6 ~f~ APPLICATION SERVICE PROVIDER MASTER AGREEMENT FOR SEH CLIENT PORTAL SERVICES 11. Referrals SEH, Inc. shall extend this Agreement without additional charge to the Client by one month for every referral that the Client provides SEH, Inc., provided that the referral subject signs aone-year contract. Extension of this Agreement will be provided to the Client in a written statement if the referral signs aone- year contract. 12. Termination and Extension This agreement maybe terminated at any time, for any reason by mutual agreement of the parties, or by the Client upon thirty (30) days prior written notice to SEH, Inc. Negotiations for an extension of this agreement if mutually requested, will be completed at least thirty (30) days prior to the expiration date of this Agreement. 13. Permits & Licenses SEH, Inc. shall, at its expense procure all licenses and permits which are required to lawfully render the services and agree to comply with all the status, ordinances and re~ulatious ~tihich :rre applicable to the conduct of its services hereunder. 14. Indemnification (a) Indemnification of the Client SEH, Inc. agrees to indemnify and hold the Client and its elected officials'; officers and em~pluyees harmless from any liability (including reasonable attorney's fe~> and costs) imposed against the Client by reason of the negligent actions or omissions of SEH, Inc. or its employees in performing its services specified in this Agreement. {-13-)-Iris#errtr~iftc-atiort-of-~1'/II~n~ ~. •rH„ r-,~:,,,,• ~ ~ ,~,. ;.,a~.r,,;f, ,,,,,a r,,,t,a ~ru r.ie}a_irnii~~5~ ~a~,am ~ia~~ liar.;+., r..,,.r.a:.,n ,,.,i,r~ C~'TI•~~~tTJr-TLTGiiI~TCG ST~ITIJ'Cr < , I~I±TSGT ~~iVGT.:"G ~~~l.+i-~l-..~ ~~L'~YI ~.Z~ff 15. Choice of Lam This Agreement shall be executed in connection herewitl~~sha11 be construed and governed by the laws of the State of Minnesota and shall be binding upon and inure to the benefit of the parties hereto. The parties agree to suhn~it to the jurisdiction of the courts within the State of Minnesota. 16. Rcnredies for Breach If either p~~ut~, breaches the ab~~~~e agreement, the offended party shall have the right to apply to a court of competent jurisdiction for an injunction to restrain the offending party from employing such employee and for an order to ~ nforce the terms of this section so breached. City of Fagan, i~1,'V Fchruary 1, 2006 Page f3~0~ /V APPLICATION SERVICE PROVIDER MASTER AGREEMENT FOR SEH CLIENT PORTAL SERVICES 17. Termination If one party (offending party) breaches one or more obligations hereunder, the other party (offended party) shall give the offending party notice which shall specify the nature of the breach. The offending party shall then have 30 days from the receipt of such notice to remedy the breach for which such notice has been given. If at the end of such 30 day period, the Offending party has not cured the breach, the Offended party may thereupon terminate this Agreement by giving the offending party a written notice of termination and at the expiration of the 14th day following the delivery of such notice, the agreement shall be deemed to be terminated and the offended party shall be relieved from further performance of its obligations hereunder. A. Termination by SEH, Inc. Not withstanding the previous section, SEH, Inc. may terminate this agreement upon 30 days prior written notice if the Client fails to pay SEH, Inc. in accordance with the provisions of above agreement. B. Termination by Client The Client may terminate this agreement when it determines th~rt termination is in the best interests of the Client by giving SEH, Inc. 30 days written nuli~e of the termination. If the agreement is terminated per this section, SEH, Inc. shall be paid its fee for ;rll saxvices rendered to date of termination. A 18. Severability Clause If a court holds any part, term or provision of the Agreement to try unenforceable, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the particular part, term or provision. The parties agree that any agreement by the Client to indemnify shall be construed to be enforceable to the maximum extent allowed by law. 19. Headings The headings that appear in this agreement have been in~crted for the purpose of convenience and ready reference. They are not inten~l~d <<~ and shall not be deemed to define, limit or extend the scope or intent of any provision thereof. ~n rrr.., r~;~„~~n ~ ., •r~., r-:-:~~rz~~rt;i-w,ir i,frrt t„ c;T~~ ;~. ,i,~ ri;~.,F i,.,~ ,_~,~ ,•o,,.,;,.;,~ .,,..,.~,- ,.,,a ....,t,~r;,,..,. ,~1 ., f rl,-. ~,~; ,,, ~,,.1 +h.,r rl,~ r-~i;n..~ 1,., ,a„ „7 ..; 11 „*:,, ~ ,,, a,..,77 r~~t~~=~.,..., ~~;~;.;~ ,tee ~3~ ,a s; a~i r.~ ~,.,ra i,:.,a;,,,. ,.,a r„~,.n.. ~.,+,..-,.,,,r.i~ , „ n,,, nt;.,..s ~ o a 21. Assignments This Agreement i~ not assignable by either party without the prior written consent of the other party, except for an assignment by either party to a parent or a controlled subsidiary or that party. 22. Limitation of Claims Claims of either party against the other not presented to the other party in writing within one year of the date or the time allowed in the applicable statute of limitations whichever is longer 23. Consequential Damages The parties agree that in no case shall SEH, Inc. or the Client be liable for any loss of business, consequential or indirect damages. City of .Eagan, .it1.N February 1, 2006 Page 4 of 6 ~ 8'3 APPLICATION SERVICE PROVIDER MASTER AGREEMENT FOR SEH CLIENT PORTAL SERVICES 24. Entire Agreement and Notice This Agreement contains the entire understanding of the parties and may not be amended without the specific written consent of both parties. Any notice given under this Agreement shall be sufficient if it is in writing and if sent by certified or registered mail. IN WITNESS WHEREOF, The Client and SEH, Inc. have duly executed this Agreement as of the day and year first above written. Accepted and approved by this day of , 2006. City of Eagan, Minnesota SEH, Inc. Signature Date Signature Name Mayor Signature Date Print Name City Clerk Date Title Ciry of Eagan, ;b4,'V February 1, 2006 Pag/e SQof 6 V SERVICE ADDENDUM 1 FOR SEH CLIENT PORTAL SERVICES This Service Addendum is made between Short Elliott Hendrickson, Inc. (SEH, Inc.) and The Ciry of Eagan, l~linnesota Hereafter referred to as the ("Client"). In consideration of the Client retaining SEH, Inc. to provide and maintain the SEH Client Portal Services, it is agreed as follows: Compensation and Term Services Start Date Duration Compensation NPDES Permit Tracking Application Feb. 1., 2006 Twelve t ll) months $448.00/month Maximum of ten (IlJ) concurrent users The one-time Initiation Fee for entering the existing Client St~~rm Water Pollution Prevention Plan (SWPPP) is $2,495. This fee is assessed to new clients at the Clll]c' of contract initiation only. The Ongoing Service Fee for application access and support will be $~. ~ ~6/year (billed at a rate of $448/month) as identified above. The total cost of the application in Year #1 will be ~?.S?] tS^_,495 h~i~i,:rr'~»i Fie + $5;376 Ongoir~ig Service Fee). In subsequent plan years, the Client will o.nl~~ h~ a~>esscd d~~ ~ >n~~~itig Service fee (and related training costs if necessary) for an annual cost of $~ ~ ~r ~ e~ir. SEH, Inc. reserves the right to review application pricing on a permit period basis. Pricing revisions (if applicable) will be provided to the Client in writing upon the termination of the prior contract/permit period. The agreed upon compensation shall be paid by the Client to SEH, Inc. in two parts, with the initiation fee and the first month's 1~ngoin ~ Scnicefee payable with the execution of the Agreement, and subsequent Ongoing Service fees payable monthly. This Agri anent shall commence on the date stated above, and shall remain in effect for the duration of services specked above. /g5 City of Eagan Ncmo TO: Jon Hohenstein, Community Development Director FROM: Dale Schoeppner, Chief Building Official Mike Ridley, City Planner DATE: February 2, 2005 SUBJECT: DevelopmentlConstruction Activity Update The following update reflects recent activity in the Building and Planning Divisions. Permits Issued Address Explanation Valuation Type • 2640 Eagan Woods Dr Office Building 3,690,000 Comm New • 3450 Washington Dr Best Western Dakota Ridge 658,000 Comm Impr • 2965 Lone Oak Cir Catalina Foods 550,000 Comm Impr • 3711 Kennebec Dr #700 Simpson Strong Tie Co 373,000 Comm Impr • 1285 Corporate Ctr Dr Braemar 191,000 Comm Impr • 3333 Pilot Knob Rd Lockheed Martin 183,000 Comm Impr • 2864 Hwy 55 Caribou Coffee 180,000 Comm Impr • 2135 Cliff Rd Pizza Hut ~ 150,000 Comm Impr • 1279 Trapp Rd Carlson's Systems 100,000 Comm Impr Development Update - Ray Miller will be constructing homes on four previously platted parcels located off of McCarthy Road in the NE %4 of Section 9 and known as Lots 2-5, Block 3, Oslund Timberline Addition. The parcels were platted a number of years ago and they contain some severe topography and significant tree cover. Mr. Miller has begun site work/tree removal to prep the lots for single family home construction. The City Forester has worked with Mr. Mille r in regard tv tree removal. - Community Development and Public Works staff has met with CSM as they move forward to develop approximately 47 acres acquired from SGI near the Ecolab campus in The Waters. - Community Development, Public Works and Dakota County staff is meeting with members of the USPS the week of February 6 to further discuss potential expansion/re- use of the Bulk Mail Center site. Staff will be happy to provide a brief overview of these items and/or respond to questions at Tuesday's meeting. As always, staff is available between meetings to respond to questions that may come to Council members' attention from the community. / g' 6 City of Ea~au Memo TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DII2ECTOR DATE: FEBRUARY 6, 2006 SUBJECT: REDEVELOPMENT DISTRICT ACTIVITY UPDATE The following update reflects activity in the City's redevelopment districts. Cedar Grove Redevelopment District • Schafer Richardson Ryland Development Agreement -The development agreement ,revised concept plan and supplement to the agreement were formally approved by the EDA and City Council on January 17, 2006 agenda. • First Phase Development Plans -Staff and the developer have met to discuss the process for the submittal and review of the first phase development applications. In addition to the standard review, the developer will be meeting with the APrC to discuss an overall approach to the parks and recreation needs of the area and with the Engineering Division to masterplan the utilities for the whole area, even though the first phase will only permit the installation of a portion of the system. • Acquisition and Relocation Plans -Negotiations are underway with the owners of the Eagan Eye Clinic, AVVR and Ellingson and Associates for acquisition of those properties. Requests for acquisition by the City from the owners of the Eagle Valley Bank building and Minsk Market are on the February 7 EDA Agenda. The owner of the Shell station has demolished the structure on the site and staff has indicated the City's interest ui acquiring the property. Several other property owners are actively seeking new sites for their businesses. • Communications Activities -The Cedar Grove Gateway, the monthly newsletter update, is being distributed to businesses in the area. Website updates also continue. Northeast Eagan Redevelopment District • Grand Oaks Development -The first office building is occupied and the retail buildings are beginning to have interior finish work for a number of businesses. Construction is continuing on the Eagle Valley Bank. Interstate indicates that they will submit plans for construction of the second office building in the next 60 days. • McGough Office Project - In response to the City Council's direction that the developer make further private efforts to acquire the remaining properties prior to final consideration of the findings for the development agreement, the developer has purchased the RayMar property and has completed an appraisal to use as a basis for follow up offers to the remaining four property owners. Staff has asked that McGough representatives be present at the February 21 EDA meeting to provide an update on their acquisition efforts. • Hwy 55 Parcels -DART Transit, the owner of a substantial number of the properties in the portion of the District south of Hwy 55 has indicated an intention to prepare a developmendredevelopment plan for that part of the district. Staff has followed up with the DART representative, but have yet to receive additional information from them. /8 ~ Southeast Eagan Masterplan • The City's consultants have completed the background for the substandard analysis and have identified a portion of the property that could qualify as a renewal district under the current redevelopment statutes. Revestors is submitting a development application that would subdivide their property to conform with the prospective district. Revestors is considering whether to make a formal request for creation of a district. They are also working with Ehlers and Associates to review proformas for the property to determine whether any financial gap exists. cgs