04/21/2009 - City Council Regular
AGENDA
EAGAN CITY COUNCIL
EAGAN MUNICIPAL CENTER BUILDING
APRIL 21, 2009
6:30 P.M.
1. ROLL CALL AND PLEDGE OF ALLEGIANCE
II. ADOPT AGENDA
III. RECOGNITIONS AND PRESENTATIONS
a A. Recognition of Friends of the Farm Volunteers for their volunteer hours at Holz Farm
IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion)
PS A. APPROVE MINUTES
P. IO B. PERSONNEL ITEMS
P.11 C. APPROVE Check Registers
~.la D. APPROVE Tree Contractor License for Northway Tree Service
13 E. AUTHORIZE Plans and Specifications for Contract 09-16 (Yankee Doodle Reservoir - Repainting)
114 F. RECEIVE Updated Feasibility Report and Schedule Public Hearing (May 19, 2008) for Project 858 (Sibley
Terminal Industrial Park - Storm Sewer Improvements)
P G. APPROVE Plans and Specifications and Authorize Advertisement for Bids on Contract 09-12 (Diffley Road
and Rahn Road - Intersection / Roundabout Improvements)
f'l( H. APPROVE Encroachment Agreement for 1899 Covington Lane
{O 17 I. APPROVE Change Order #1 for Contract 09-09 (Sanitary Sewer Lining)
j9.119 J. APPROVE Extension of Working Hours for Contract 08-07 (Safari Reservoir - Reconditioning)
P. K. RECEIVE Petition and Authorize Feasibility Report for Project 1016 (Ames Crossing Road - Street
Improvements)
IPAS'L. APPROVE Extension of the Final Subdivision Approval for Red Pine Crossing
o?M. REQUEST Municipal State Aid Route Designations and Revocations
P3 N. APPROVE Contract for Architectural Services Related to Design of a Fire Safety Campus
P.3) O. APPROVE Temporary On-Sale Liquor License for the Twin Cities Good Time Softball League
i°3f P. DECLARE Towerview Road east of Quarry Lane as a Minimum Maintenance Road
P ;57Q. APPROVE Joint Powers Agreement with Dakota County to Receive Equipment Funding Through United
States Department of Justice
V. PUBLIC HEARINGS
4A A. VARIANCE - Quartz Lane - Bill Diedrich, Diedrich Builders - A Variance to exceed the 20% maximum
building coverage requirements by 5% to construct an addition located at 2090 Quartz Lane on Lot 21, Block
5, Cedar Grove number 4 in the NE % of Section 30.
10.S''7 B. PROJECT 905R Final Assessments, (Long Acres/Lebanon Hills Regional Park - Storm Sewer
Improvements)
VI. ORGANIZATIONAL BUSINESS
.P, '71 A. ADVISORY COMMISSION APPOINTMENTS FOR 2009-2010
VII. OLD BUSINESS
R 7S A. CONDITIONAL USE PERMIT - Linder's -A Conditional Use Permit to allow outdoor sales of plants located
at 1646 Diffley Road on Lot 4, Block 1, Diffley Plaza in the NW % of Section 28.
VIII. NEW BUSINESS
gs A. ORDINANCE AMENDMENT - City of Eagan - An Ordinance Amendment to Chapter 11 regarding non-
conforming uses.
B. ORDINANCE AMENDMENT - City of Eagan - An Ordinance Amendment related to exterior building
materials.
IX. LEGISLATIVE I INTERGOVERNMENTAL AFFAIRS UPDATE
X. ECONOMIC DEVELOPMENT AUTHORITY (There are no items at this time)
XI. ADMINISTRATIVE AGENDA
XII. VISITORS TO BE HEARD (for those persons not on agenda)
XIII. CLOSED SESSION
XIV. ADJOURNMENT
City of Eap Mello
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: APRIL 17, 2009
SUBJECT: AGENDA INFORMATION FOR APRIL 21, 2009 CITY COUNCIL MEETING
ADOPT AGENDA
After approval is given to the April 21, 2009 City Council agenda, the following items are in
order for consideration.
I
Agenda Memo
April 21, 2009 City Council Meeting
RECOGNITIONS AND PRESENTATIONS
A. RECOGNITION of Friends of the Farm volunteers for their volunteer hours at Holz
Farm.
ACTION TO BE CONSIDERED:
Recognize Maynard Ohm, Norm Peterson and Joel Klein for their volunteer hours at Holz Farm.
FACTS:
• Maynard Ohm is being recognized for reaching the 1,000 hour milestone.
• Norm Peterson is being recognized for reaching the 750 hour milestone.
• Joel Klein is being recognized for reaching the 250 hour milestone.
• The volunteer efforts of the Friends of the Farm have been an extremely valuable
component to the success of preserving the 1940's farming heritage for the community.
• The Friends of the Farm organization provides volunteer hours and financial support that
allow for programs and restoration work at Holz Farm.
• Volunteers contributed a total of 1,133 hours of service to Holz Farm in 2008.
• Friends of the Farm volunteers are recognized by the City Council after they've reached
specific volunteer hour milestones.
• Spring is a busy time at the farm as the volunteers and City staff prepares the farm for the
Holz Farm Spring Festival on Sunday, May 17th and summer camps that will take place
in July. The Farm also hosts the Eagan Garden Club plant sale on Saturday, May 9th
• The entire community is invited to join the volunteer efforts at the farm by becoming a
member of the Friends of the Farm or by pitching in on Spring Clean-up Day held on
Saturday, May 2nd from 9 a.m. until noon.
• Recreation Program Manager Nowariak will recognize Maynard, Norm and Joel in honor
of their dedication to Holz Farm.
ATTACHMENTS:
• None.
Agenda Information Memo
April 21, 2009 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 April 7, 2009 regular City Council meeting and minutes of the
April 13, 2009 and April 14, 2009 Special City Council meetings as presented or modified.
ATTACHMENTS:
• Minutes of the April 7, 2009 regular City Council meeting are enclosed on pages
through 7
• Minutes of the April 13, 2009 Special City Council meeting are enclosed on page
• Minutes of the April 14, 2009 Special City Council meeting are enclosed on page
3
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
April 7, 2009
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Fields, Tilley, Bakken and Hansen. There were no visitors who wished to be
heard.
A regular meeting of the Eagan City Council was held on Tuesday, April 7, 2009 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Tilley, Bakken and
Hansen. Also present were City Administrator Tom Hedges, Community Development Director Jon
Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty,
and Administrative Secretary / Deputy Clerk Mira Pepper.
AGENDA
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as
presented. Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
There were no recognitions or presentations.
CONSENT AGENDA
City Administrator Hedges noted that a revision had been made to the March 16, 2009 minutes.
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent
Agenda as amended. Aye: 5 Nay: 0
A. It was recommended to approve the minutes of the March 16, 2009 regular City Council meeting,
minutes of the March 10, 2009 and March 24, 2009 Special City Council meetings as amended.
B. Personnel Items.
A. It was recommended to approve the hiring of Gregg Thompson as Water Resources Specialist.
B. It was recommended to approve the hiring of David Gunther, Paul Andrew, Mike Hopkins,
Abraham Seiz, Tyler VonDeLinde, Marc Cierzan, Jeffrey O'Donnell, Travis Brown, Samuel Seiz,
Jason Wheeler, Brian Hopkins, Daniel Streefland, Nicholas Mested, Ryan Wall, Jennifer
Schoenecker, Matthew Steele, Cody Johnson, Matt Bailey, Katelyn Lutovsky and Kyle Stevenson
as seasonal park maintenance workers.
C. It was recommended to ratify check registers dated March 19, 2009, and March 26, 2009 as
presented.
D. It was recommended to set a public hearing for May 5, 2009 to consider the final assessment of the
delinquent false alarm bills and certify them to Dakota County for collection with property taxes.
E. It was recommended to set a public hearing for May 5, 2009 to consider the final assessment of the
delinquent weed cutting bills and certify them to Dakota County for collection with property taxes.
F. It was recommended to accept an MRAC grant for $3,000 from the Metropolitan Regional Arts
Council for summer programming.
G. It was recommended to set a public hearing for May 5, 2009 to consider the final assessment of the
delinquent utility bills and certify them to Dakota County for collection with property taxes.
H. It was recommended to approve a resolution authorizing partial redemption of the 2002A Series and
2004A Series improvement bonds.
1. It was recommended to approve tree maintenance contractor licenses for:
Miller Tree Service, 7131 Corliss Way, Inver Grove Heights
Family Tree Service, 8101 66th Avenue N., Brooklyn Park
Aspenwall Tree Service, 1950 Lower 87th St. W., Inver Grove Heights
City Council Minutes
April 7, 2009
Page 2
J. It was recommended to authorize submittal of an application to create a Wetland Bank site in
Watering Walk Park and a 30-day public comment period on the proposed application.
K. It was recommended to receive the Final Assessment Roll for Project 951 (South Dodd Road -
Sanitary Sewer Improvements) and schedule a public hearing to be held on May 5, 2009.
L. It was recommended to receive the Final Assessment Roll for Project 952 (Boulder Lakes / Lone Oak
Road - Street and Utility Improvements) and schedule a public hearing to be held on May 5, 2009.
M. It was recommended to award Contract 09-02 (Citywide Street Improvements) to Bituminous
Roadways, Inc., for the base bid and the alternate bid for a total amount of $1,026,252.65 and
authorize the Mayor and City Clerk to execute all related documents.
N. Item removed.
0. It was recommended to receive the bids for Contract 09-09 (2009 City-Wide Sanitary Sewer Lining),
award the contract to Visu-Sewer Clean and Seal, Inc. for the Base Bid in the amount of $113,750.00
and authorize the mayor and City Clerk to execute all related documents.
P. It was recommended to approve the Access Agreement and Right of First Refusal for the Public
Works Maintenance Yard and authorize the Mayor and City Clerk to execute all related documents.
Q. It was recommended to approve the plans and specifications for Contract 09-10 (Yankee Doodle
Road / Yankee Drive / Rahncliff / Cliff Lake Road - Street and Median Landscape Improvements),
authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, May 14, 2009.
R. It was recommended to approve an Easement Agreement for Project 719 (Diffley Road & Rahn Road
- Intersection / Roundabout Improvements) with the owner of Parcel 10-02000-011-52 (Grace Slavic
Baptist Church) and authorize the Mayor and City Clerk to execute all related documents.
S. It was recommended to direct staff to initiate an update to the Standard Conditions of Plat Approval.
T. It was recommended to approve and authorize signatures of a loan agreement with Biothera
regarding terms and use of a Minnesota Investment Fund grant for expansion of Biothera at 3388
Mike Collins Drive.
U. It was recommended to approve the Consultant Service pool for lawn mowing, refuse removal,
securing vacant buildings and general maintenance for the pool of businesses on the attached list,
authorize the City Planner and/or Senior Code Enforcement Technician as the signatory for work
orders, and to authorize the Mayor and City Clerk to execute all related documents.
V. It was recommended to approve a contract with VAnco Services to process fitness membership
payments.
W. It was recommended to accept a donation of $4,000 from City and County Credit Union for the 2009
Eagan Market Fest entertainment series.
PUBLIC HEARINGS
There were no public hearings.
OLD BUSINESS
There were no old business items.
NEW BUSINESS
CONDITIONAL USE PERMIT - LINDER'S
City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow a temporary
greenhouse for seasonal outdoor sales at the Kowalski's store located at 1646 Diffley Road. City Planner
Ridley gave a staff report.
Two area residents expressed their concern regarding the appearance, potential noise, traffic and on-
street parking generated by the greenhouse.
City Council Minutes
April 7, 2009
Page 3
Representatives of Kowalski's and Linder's Greenhouse discussed the proposed location and operation
of the greenhouse and that decorative flags would not be used at this location.
Fire Chief Scott addressed the potential problem of parking in fire lanes during busy times. Sgt. Duane
Pike discussed potential traffic issues in the area. He also noted there has typically been no crime
reported in regard to outdoor greenhouses elsewhere in the past.
Councilmembers discussed the close proximity of the proposed greenhouse to a residential area and the
potential shortage of parking. It was agreed that the applicant would reevaluate the location of the
proposed greenhouse and parking situation and resubmit a revised plan to the City Council for
consideration.
Councilmember Fields moved, Councilmember Tilley seconded a motion to continue until April 21
consideration of a Conditional Use Permit to allow a temporary greenhouse for seasonal outdoor sales at
the Kowalski's store located at 1646 Diffley Road, legally described as Lot 4, Block 1, Diffley Plaza:
Aye: 5 Nay: 0
PLANNED DEVELOPMENT AMENDMENT - BACHMAN'S
City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a
temporary greenhouse for seasonal outdoor sales at the Byerly's store located at 1299 Promenade Place.
City Planner Ridley gave a staff report.
Don Swenson representing Bachmans discussed the proposed greenhouse.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Planned
Development Amendment to allow a temporary greenhouse for seasonal outdoor sales at the Byerly's
store located at 1299 Promenade Place, legally described as Lot 8, Block 2, Eagan Promenade, in the S
'/2 of Section 10, subject to the following conditions: Aye: 5 Nay: 0
1. An Amendment to the Planned Development Agreement shall be executed and recorded against
the property at the Dakota County Recorder's office.
2. The seasonal sales shall be allowed between the dates of April 1 and July 1 each year, but not to
exceed 90 consecutive days.
3. All structures shall be removed by July 1St each year.
4. A Building Permit is required each year prior to construction of the greenhouse.
5. Only one seasonal sale or outdoor event shall occur at one time subject to City Ordinances.
6. The site, including the storage of carts, shall be kept in a neat and orderly manner and the display
of items shall be contained with the fenced area and shall not interfere with pedestrian safety,
vehicular movement, emergency access and existing business activities.
7. The outdoor storage shall be limited to the storage of the items, quantities and locations set forth
on the Site and Floor Plan exhibits and Detail sheet dated March 3, 2009. The sale of landscape
materials is prohibited (e.g. landscape rock, modular brick, etc.) Hours of operation shall be
between the hours of 8:30 a.m. and 7:00 p.m. seven days a week.
8. Signage shall be subject to City Sign Code requirements; up to three temporary signs, but shall
not exceed a total area of 25 square feet.
9. This Amendment is intended to supplement and amend the existing Planned Development
Agreement. All other conditions and provisions of the existing Planned Development Agreement
shall remain in full force and effect.
City Council Minutes
April 7, 2009
Page 4
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
City Administrator Hedges discussed two pieces of legislation currently before the State Legislature that
involve Eagan.
The regular City Council meeting was recessed at 7:40 p.m. to immediately convene a meeting of the
Economic Development Authority.
The regular Council meeting was reconvened at 11:20 p.m.
ADMINISTRATIVE AGENDA
City Administrator Hedges noted that an Executive Session would not be held.
Mayor Maguire moved, Councilmember Tilley seconded a motion to schedule a special City Council
meeting on April 14, 2009 for the purpose of interviewing applicants for advisory commission positions.
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
ADJOURNMENT
Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 11:25
p.m.
Date Administrative Secretary / Deputy Clerk
MINUTES
SPECIAL CITY COUNCIL MEETING/ADVISORY COMMISSION
INTERVIEWS
MONDAY, APRIL 13, 2009
5:30 P.M.
CONFERENCE ROOMS 2A & 2B
A Special City Council meeting was held on Monday, April 13, 2009 beginning at 5:30
p.m. for the purpose of interviewing Advisory Commission candidates for serving on the Airport
Relations, Advisory Planning, Advisory Parks and Recreation Commissions.
City Councilmembers present: Mayor Maguire, Councilmember Paul Bakken and
Councilmember Gary Hansen.
Councilmembers Fields and Tilley were absent.
City staff present: City Administrator Hedges
ROLL CALL AND AGENDA ADOPTION
In a motion by Bakken, seconded by Hansen, the Agenda was adopted.
Aye: 2 (Mayor Maguire and Councilmember Hansen)
Nay: 1 (Councilmember Bakken)
INTERVIEW ADVISORY COMMISSION APPLICANTS
The City Council interviewed twelve (12) individual applicants; all of whom were
incumbents to Advisory Commissions.
ADJOURNMENT
In a motion by Mayor Maguire, seconded by Councilmember Hansen, the meeting was
adjourned at 8:15 p.m.
Aye: 2 (Mayor Maguire and Councilmember Hansen)
Nay: 1 (Councilmember Bakken)
18
MINUTES
SPECIAL CITY COUNCIL MEETING/ADVISORY COMMISSION
INTERVIEWS
TUESDAY, APRIL 14, 2009
5:30 P.M.
CONFERENCE ROOMS 2A & 2B
A Special City Council meeting was held on Tuesday, April 14, 2009 beginning at 5:30
p.m. for the purpose of interviewing Advisory Commission candidates for serving on the Airport
Relations, Advisory Planning, Advisory Parks and Recreation Commissions.
City Councilmembers present: Mayor Maguire, Councilmember Fields, Councilmember
Tilley and Councilmember Hansen.
Councilmember Bakken was absent.
City staff present: City Administrator Hedges
ROLL CALL AND AGENDA ADOPTION
In a motion by Hansen, seconded by Fields, the Agenda was adopted.
Aye: 4, Nay: 0
INTERVIEW ADVISORY COMMISSION APPLICANTS
The City Council interviewed twenty-two (22) individual applicants applying to the
Advisory Commissions.
ADJOURNMENT
In a motion by Councilmember Hansen, seconded by Councilmember Tilley, the meeting
was adjourned at 10:30 p.m.
Aye: 4, Nay: 0
Agenda Information Memo
April 21, 2009 Eagan City Council Meeting
B. PERSONNEL ITEMS
Item 1. Retirement/Police Officer--
ACTION TO BE CONSIDERED:
To accept the letter of retirement from Dale Abram, Police Officer.
Item 2. Seasonal Park Laborers-
ACTION TO BE CONSIDERED:
To approve the hiring of David Jungers, Luke Selby, Robert Rausch, Jacob Loesch, Kathryn
Merkley and Megan Grouws as seasonal park laborers.
Item 3. Seasonal Ballfield Attendants--
ACTION TO BE CONSIDERED:
To approve the hiring of David Tripp and Ryan Neumann as seasonal ballfield attendants.
Item 4. Seasonal Concessions Workers/Parks & Recreation--
ACTION TO BE CONSIDERED:
To approve the hiring of Kari Boyd, Tyler Holman, Kayla Hallin, Rachel Keiser, Kelley Murray
and Kelsey Reger as seasonal concessions workers.
/0
Agenda Information Memo
April 21, 2009 Eagan City Council Meeting
C. RATIFY CHECK REGISTERS
ACTION TO BE CONSIDERED:
To ratify the check registers dated April 2, 2009 and April 9, 2009 as presented.
ATTACHMENTS:
• Check registers dated April 2, 2009 and April 9, 2009 are enclosed without page number.
11
Agenda Memo
April 21, 2008
City Council Meeting
CONSENT AGENDA:
D. Tree Maintenance Contractor Licenses for Northway Tree Service
ACTION TO BE CONSIDERED:
Approve Tree Maintenance Contractor License for Northway Tree Service, 26621 Woodcrest
Circle, Elko, MN
FACTS:
• Terry Taschuk, Northway Tree Service has applied for a tree maintenance contractor
license and all requirements of the application have been met and fees have been paid.
• Staff recommends approval of the license.
ATTACHMENTS:
• The application is available for review in the Administration Department.
/C~
Agenda Information Memo
April 21, 2009
E. CONTRACT 09-07, YANKEE DOODLE RESERVOIR
DIRECTION TO BE CONSIDERED: Authorize the preparation of plans and
specifications by SEH Inc. for Contract 09-16 (Yankee Doodle Reservoir -
Reconditioning)
FACTS:
• In 2006, the Public Works Utility Division had all 6 water reservoirs evaluated for
their structural integrity. As a result of that analysis, various reconditioning
improvements were identified for each facility and incorporated into the 5 year
Capital Improvement Program ('07 - '11). The Lexington/Diffley and Safari
tanks were completed under Contract 08-07, and the Yankee Doodle Tank has
been programmed for the fall of '09. In order to schedule this work in a timely
manner, it is appropriate to authorize the preparation of detail plans and
specifications in order to solicit competitive bids.
• SEH Inc. was retained as a Specialty Consultant in January of 2008 as part of the
City's Consulting Engineering pool selection process. They have performed
similar services for the city on many of our past tank rehabilitation projects. A
proposal to provide professional services for Contract 09-16 has been reviewed by
the Public Works Director and found to be in order for favorable Council
consideration.
13
Agenda Information Memo
April 21, 2009 Eagan City Council Meeting
F. PROJECT 858, SIBLEY TERMINAL INDUSTRIAL PARK
STORM SEWER IMPROVEMENT
ACTION TO BE CONSIDERED: Schedule a Public Hearing for Project 858 (Sibley
Terminal Industrial Park - Storm Sewer Improvement) to be held on May 19, 2009.
FACTS:
• On September 17, 2001, the City Council authorized the preparation of a feasibility
report identifying the scope, cost, financing and schedule of storm sewer
improvements for the drainage area near Trunk Highway 13 and Terminal Drive in
northwest Eagan.
• On March 4, 2002, the Public Hearing for Project 858 was held. After the
presentation of the feasibility and discussion from the affected property owner, the
City Council continued consideration of Project 858 until April 16, 2002.
• On April 16, 2002, the City Council continued the consideration of the project
indefinitely directing staff to investigate cost participation opportunities with MnDOT
and easement acquisition costs with the impacted property owners for further
consideration by the Council.
• On July 18, 2006, a second Public Hearing was held and the City Council approved
the storm sewer improvement project that provides for the bulkhead of a culvert
under Highway 13, improving the Highway 13 ditch, and constructing a storm water
pond (identified as Alternative #4), the acquisition of necessary pond easements, and
the letting of a contract within two years of approval.
• The pond easements have been acquired, but the delayed permit approval from the
MN Department of Transportation (MnDOT) for the work within the Highway 13
right-of-way has prevented the start of this project. MnDOT has indicated their
willingness to approve the permit.
• The drainage concerns expressed by the original petitioner, Todd Johnson - Global
Equities, remain and he is patiently awaiting a Council decision for some type of
improvement. Due to the lapsed time since the previous Council action, it s necessary
to schedule an updated public hearing to again formally present the merits of this
project for formal Council consideration of approval.
Agenda Information Memo
April 21, 2009 Eagan City Council Meeting
G. CONTRACT 09-12, DIFFLEY ROAD & RAHN ROAD -
INTERSECTION/ROUNDABOUT IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve plans and specifications for Contract 09-12
(Diffley Road & Rahn Road - Intersection/Roundabout Improvements) and authorize the
advertisement for a bid opening to be held at 10:30 a.m. on Thursday, May 28, 2009.
FACTS
• Contract 09-12 provides for improvements to the intersection of Diffley Road
(County State Aid Highway 30) and Rahn Road. Specifically, this contract includes
the construction of a roundabout, installation of decorative street lighting and
landscaping at the roundabout in an effort to improve the safety and operation of the
intersection. Additionally, a bituminous trail will be constructed on the north side of
Diffley Road, from Rahn Road to Blackhawk Road, as part of this project.
• On February 13, 2006, the City Council received an update of a traffic study
considering improvements at the intersection of Diffley Road (County State Aid
Highway 30) and Rahn Road. The study evaluated options for improving this
intersection that included both traffic signal options reviewed in the past and less
conventional design options, i.e. roundabout, to determine the best operation in
consideration of minimizing impacts to area residents. The Council directed the
improvement of the intersection with a roundabout.
• Since the proposed intersection reconfiguration and trail benefit the City at large and
traveling community as a whole as an operational and safety improvements similar to
a traffic signal improvement, no special assessments are proposed.
• The plans and specifications have been completed and are being presented to the City
Council for their approval and authorization for the advertisement of bids.
fS
Agenda Information Memo
April 21, 2009 Eagan City Council Meeting
H. 1899 COVINGTON LANE (POND AP-15.1)
ENCROACHMENT AGREEMENT
ACTION TO BE CONSIDERED: Approve an Encroachment Agreement with the owners of
Parcel No. 10-56751-020-01 and authorize the Mayor and City Clerk to execute all related
documents.
FACTS:
• On March 16, 2009, City staff received an e-mail correspondence from Jon Carlson, resident
at 1899 Covington Lane, requesting encroachment within a drainage and utility easement on
Lot 2, Block 1, Park Ridge 2nd Addition located just east of Galaxie Drive and adjacent to
Lebanon Hills Regional Park. The parcel includes a portion of Pond AP-15.1, a storm sewer
system pond.
• Mr. Carlson has applied to the City for approval of a building permit to construct a deck at
the rear of his home at 1899 Covington Lane. Mr. Carlson desires to construct a deck with
footings within the public drainage and utility easement dedicated on the parcel
• The drainage and utility easement was originally dedicated to the City as part of the
development approval of the Park Ridge 2nd Addition for the purpose of the storage of storm
water within Pond AP-15.1 as part of the City's storm sewer system. As is typical, the
easement accommodates storage of excess storm water above the High Water Level (1%
storm event) for freeboard protection to the lowest structural entry point.
• The purpose of the request is to allow Mr. Carlson to construct a new deck at the rear of his
house on Lot 2. The configuration of the proposed deck would encroach upon some of the
existing drainage and utility easement.
• The request would allow placement of the footings within the existing easement as needed
for the proposed deck. The existing easement, in its entirety, is necessary for storage of
overland drainage from the adjacent properties, including Lebanon Hills Regional Park. The
footings will have an unrecognizable impact on the pond storage capacity.
• An agreement between the City of Eagan and the owner of Parcel No. 10-56751-020-01, Lot
2, Block 1, Park Ridge 2nd Addition, has been prepared providing for the encroachment
within the easement.
• Engineering staff and the City Attorney's office have reviewed the agreement and found it to
be in order for favorable Council action.
Agenda Information Memo
April 21, 2009
1. CONTRACT 09-09, SANITARY SEWER LINING
DIRECTION TO BE CONSIDERED: Approve Change Order 41 to Contract 09-09
(Sanitary Sewer Lining) in the amount of $34,125 and authorize the Mayor and City
Clerk to execute all related documents.
FACTS:
• Starting in 2002, the Utilities Division started a 10 year program to structurally
reline critical parts of the sanitary sewer collection system with the intent of
relining approximately 5,000 feet of pipe each year.
• On April 7, the Council awarded Contract 09-09 based on the bids received on
March 26, 2009. Since the bids were 27% under the budgeted amount for 2009,
there is an opportunity to perform an addition 1500 feet of sewer lining under this
contract at the same favorable bid unit price.
• A formal Change Order has subsequently been prepared for Council consideration
of adding this work to the existing contract.
'7
Agenda Information Memo
April 21, 2009
J. CITY CONTRACT NO. 08-07
(SAFARI RESERVOIR - REFURBISHMENT)
CONSTRUCTION HOURS TIME EXTENSION
ACTION TO BE CONSIDERED: Approve an exception to City Code Sec. 10.37
allowing an extension of the construction work hours for TMI Coatings, under City
Contract 08-07 (Safari & Lexington/ Diffley Reservoirs - Repainting) to include Sundays
and 24 hour operation of a diesel generator from April 27 to May 22.
FACTS:
• Contract 08-07 provides for the repair and repainting of the Lexington/Diffley and
Safari water reservoirs. Refurbishment of the City's water tanks have to be scheduled
between the high demand/water use summer months and the winter suspension season
for painting. The Lexington/Diffley tank was substantially completed last fall and the
Safari tank is now scheduled for this spring before the high water demand season.
• City Code Sec. 10.37 only allows for the operation of construction equipment
between 7:00 a.m. and 10:00 p.m., Monday through Saturday, excepting legal
holidays.
• In order to insure that this critical water tank is not out of service going into the peak
water usage season, TMI Coatings is requesting that a diesel-powered generator
(required to dehumidify the reservoir interior for the required painting operations) be
allowed to operate continuously 24 hrs/day during the paint cure time (April 27 to
May 22). The generator will be muffled to minimize any noise impact to the adjacent
properties.
• TMI is also requesting that the normal work hours (lam - 10pm, M - Sat) be
extended to include Sundays, 8:00 a.m. to 6:00 p.m., but only if necessary due to
weather delays during the contract construction schedule (April 24 to June 12).
• Notices of this proposed work have been sent to all properties within 200' of the tank.
ISSUES:
• A 420 volt generator is required to power the dehumidification equipment. There is
no adequate electrical power source nearby, subsequently requiring the use of a
portable generator. Recognizing the proximity of the adjacent residential properties,
every effort will be made to minimize the noise and duration of the generator.
ATTACHMENTS:
• Request from Contractor, page.
• Notice to adjacent property owners, pages c through d-
• Location graphic, page 8?Q.
TMI PAINTING &
RESTORATION
COATINGS CONTRACTORS
3291 Terminal Drive tmicoatings.com
St. Paul. Minnesota 55121
April 9, 2009 P:6514526100 F: 651452 0598
City of Eagan, Minnesota
3419 Coachman Point
Eagan, MN 55122
Phone: 651-675-5211
Fax: 651-675-5200
Re: Variances for Extended Hours and Diesel-Powered Generator
Reservoir/Tower Location:
Safari 4.0 MG Ground Storage Tank
City Contract No. 08-07
TMI Job No. 08-4769
Contact Name/Address/Phone Number:
TMI Coatings, Inc.
3291 Terminal Drive
Eagan, MN 55121
Phone: 651-452-6100/Fax: 651-452-0598
Contact: Scott Salmon
Requests (2):
1. TMI Coatings requests an opportunity to work Saturdays and Sundays from approximately 8:00 a.m. - 6:00 p.m.
for the duration of the project.
2. TMI requests to operate a diesel-powered generator twenty-four hours a day to maintain dehumidification
equipment twenty-four hours a day. The equipment will be run throughout interior surface preparation and
painting portion of the project.
Work Activity:
1. TMI Coatings will be performing surface preparation and painting.
2. TMI Coatings will be operating the generator capable of sustaining 460 volts at 217 full load amps, which is a
150 KW diesel generator. The Decibel level will be 72dB at 23 feet. This is a newer quiet type generator.
Justification:
1. TMI Coatings only anticipates working on Sundays if we have a poor work week due to weather. The normal
work week will be Monday-Saturday, 7:00 a.m. - approximately 9:00 p.m. This project has a defined completion
date of July 13, in which all work is weather-dependent with no work allowed during the Memorial Day weekend.
2. TMI Coatings' is required to maintain twenty-four hour dehumidification to be in compliance with specifications
and contract documents. The electricity available at the site is not large enough to meet electricity requirements.
If you have any questions or need further information, please feel free to contact me at 651-452-6100.
Sincerely,
TMI Coatings, Inc.
Scott Salmon
Senior Estimator/Project Manager
SS:vp
Ip: \tmij\4700\eagan\4769-varianceO2. doe I
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April 10, 2009
Re: Refurbishing Safari Water Reservoir
Dear Property Owner:
The City of Eagan will soon begin the process of refurbishing the Safari Water Reservoir.
This twenty year old water storage facility needs some structural repairs and repainting.
This contract was awarded on June 17, 2008 but had to wait till this spring when both
weather conditions and low water demand could accommodate this work. The
construction must begin before May 4, 2009. Subsequently, the contractor will be
mobilizing his equipment in the next few days prior to starting some of the structural
repairs. It is anticipated that this project will be substantially completed by Friday, June
12, 2009.
The interior work will consist of repairing the overflow structure that is located inside the
tank along with some paint refurbishing. The exterior of the tank will be pressure washed
and then wire brushed in areas where rust has occurred and then those areas will be
repaired with a new coat of paint. The paint currently on this tank contains no lead
hazards. All paint and residue removed from the tank will be removed from the site.
Humidifiers powered by a portable generator will be required to run continuously for
approximately 3 weeks to minimize the curing time of the interior paint allowing us to
bring this tank back on line as quickly as possible.
The normal work hours currently allowed by City Ordinance are 7:00 a.m. until 10:00
p.m., Monday through Saturday, and all construction activity will be confined to the
City's property.
At the regular scheduled City Council meeting on April 21, 2009, the contractor will be
requesting a variance from the normal work hours for the generator only, and including
Sundays, 8:00 a.m. until 6:00 p.m. if necessary due to weather to complete this project on
time. The generator will be properly muffled to minimize any related noise. There will
be no work on Memorial Day weekend.
The City of Eagan has secured the services of S.E.H. an engineering consultant firm to
manage the engineering technical operations and to provide direction to the contractors.
Wayne Schwanz, Utility Superintendent for the City of Eagan is the Project Manager and
will be assisted by Dan Zienty, S.E.H. Field Project Coordinator.
Our commitment is to provide up-to-date information to adjacent residents about progress
of this project and to answer any questions and adequately address any concerns.
Please feel free to contact us at any time. We appreciate your patience during this
necessary maintenance work.
Sincerely,
Wayne Schwartz, Superintendent of Utilities 651-675-5200
WMS/ld
cc: Tom Colbert, P.E. Director of Public Works
Russ Matthys, P.E. City Engineer
Dan Zienty, S.E.H. Field Project Coordinator
Steve Nelson, S.E.H. Project Manager
aI
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City of Eagan
Legend
fJ 200ft Buffer of Safari Mower Property
( Eagan Parcels within 200 ft of Satan Tower
LJ Apple Malley Parcels within 200 ft of Safari lower
City of Dian-
Agenda Information Memo
April 21, 2009 Eagan City Council Meeting
K. PROJECT 1016, AMES CROSSING ROAD
STREET & UTILITY IMPROVEMENTS
ACTION TO BE CONSIDERED: Receive a petition and authorize the preparation of a
Feasibility Report by the City Engineer for Project 1016 (Ames Crossing Road - Street &
Utility Improvements).
FACTS:
• The owner and developer of Boulder Lakes Business Park property, located north
of Lone Oak Road (County Road 26) along the Inver Grove Heights border in
northeast Eagan, has submitted a petition for Ames Crossing Road street and
utility improvements between the Boulder Lakes development and Novus
Addition (Trinity School at River Ridge).
• Based on the potential assessable benefit to other adjacent properties in the area
for the connection of Ames Crossing Road and associated utilities, it would be
appropriate for the City Council to authorize the preparation of a Feasibility
Report to determine the scope, cost, schedule, and method of financing for the
construction of these public improvements for presentation at the subsequent
public hearing.
• The petitioner has guaranteed the cost of preparation of a feasibility report for this
project, if the project is not ultimately approved by the City Council.
ATTACHMENTS:
• Location map, page
a3
Q'NEILL DRIVE
NORTH
TRINITY SCHOOL fish
-
sK,
7 PROPOSED
STREET
1 CONNECTION
Ali
Lij
BOULDERiAK
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*
BONE SOAK ROAD
;tr;G jer\. A rt y.,. _E',TE`..'l0N
AMES CROSSING ROAD
City of Ea of City Project No. 1016 Fig.
Engineering Department IV Location Map
Agenda Information Memo
April 21, 2009, Eagan City Council Meeting
L. EXTENSION FOR RECORDING FINAL PLAT - REVESTORS COMPANIES
(RED PINE CROSSING)
ACTIONS TO BE CONSIDERED:
To approve a 60-day extension of time to record the final plat for Red Pine Crossing, located
south of Red Pine Lane and east of Hwy. 3 in the SE '/4 of Section 36.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
? A Preliminary Subdivision and Preliminary PD were approved April 4, 2006.
? The Final Subdivision and Final PD were approved October 17, 2006, however, the plat
was never recorded. The applicant obtained several extensions of the final approvals
through 2008.
? On February 17, 2009, the City approved a revised final plat which adjusted the lot line
between the two parcels in this development.
? All pertinent Agreements and other documents have been revised to reflect the change in
the plat.
? The revised plat has not yet been recorded, and Revestors is requesting a 60-day
extension of time to complete recording.
? The plat must be recorded in order for the City to proceed with certification of the Southeast
Eagan TIF District.
? The letter from Revestors indicates that additional time is needed to complete the final steps
before recording can occur County Surveyor's review of the plat, printing of the mylars,
creating the digital files and address plats, and payment of the City dedications and fees that
are due prior to recording
ATTACHMENTS (2):
Location Map, pages( thf-
Letter from Tim Anderson, Revestors, pag
Eagan Boundary
Right-of-way
Location Map Parcel Area
Map Park Area
- Building Footprint
NINiiE
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1000 0 1000 2000 Feet
Development/Developer: Red Pine Crossing
Application: Final Subdivision
N
THIS MAP IS INTENDED FOR REFERENCE USE ONLY
City of Eap W+E
The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S
Community Development Department not responsible for errors or omissions.
April 9, 2009
Julie Strid
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Re: Red Pine Crossing - Final Subdivision
Dear Julie,
With regard to Red Pine Crossing, we are requesting a 60-day extension for the final plat
to be recorded at Dakota County. Enclosed is a check for the $75.00 extension fee.
The reason for this extension request is the items required for final recording at the
County cannot be completed by April 17, 2009. The County review of the plat has been
initiated but must be completed before mylar copies are produced and submitted, along
with the requested copies of the final plat, address plat, digital files, and Trail
Dedication/Contract Management fees, to the City. A 60-day extension will provide
adequate time to complete these items and record the final plat at the County.
We understand no further extensions will be granted due to the timeline requirements for
certification of the Southeast Eagan TIF District.
Please let me know if you have any questions.
Best regards,
Tim Anderson
RECEIVED APR a C 200g
Agenda Information Memo
April 21, 2009 Eagan City Council Meeting
M. REQUEST MUNICIPAL STATE AID ROUTE DESIGNATION
ACTION TO BE CONSIDERED: Approve a resolution requesting the Minnesota
Commissioner of Transportation's approval of the designation of various existing street
segments, and the removal of some currently designated street segments, on the City of
Eagan's Municipal State Aid (MSA) roadway system.
FACTS:
• The MSA designation of a street enables the construction and/or maintenance of that
street to be financed by the City's portion of the gas tax revenue distributed by the
State. Only 20% of the city's local street mileage is eligible for this designation. Of
the 46.78 miles allowed in Eagan, 46.59 miles were so designated in 2008. The
difference of 0.19 miles was available for placement on the system at the beginning of
2009.
• The current MSA roadway system includes Ashbury Road/Blackhawk Hills Road,
from Blue Cross Road to Federal Drive, and Federal Drive, from Blackhawk Hills
Road to Violet Lane. These roadways are scheduled to be overlaid during the 2009
construction season. During MnDOT's review of the overlay plans, it was noted that
the roadways were narrower than State Aid standards require. In lieu of instituting
one side of these residential streets as a "No Parking" zone, it was decided to delete
the roadways from the City's MSA roadway system. This resulted in an additional
1.52 miles (1.71 miles total) of roadway available for placement on the MSA system.
• As a result of thorough analysis of the City's non-MSA street system, the following
additions of MSA designations were determined to be the best use of the available
MSA mileage maximizing our funding potential:
• West Service Road, from Eagandale Boulevard on the south to Eagandale
Boulevard on the north;
• Eagan Industrial Road, from Eagandale Boulevard to West Service Road; and,
• A non-existent/future segment of Promenade Avenue, from Town Centre
Drive to Yankee Doodle Road (CSAH 28).
• The aforementioned changes to the City's MSA system result in a total of 0.10 miles
available for designation within the City in future years.
• With these revisions to the MSA system, the City of Eagan can continue to ensure the
City receives its maximum portion of the available annual gas tax appropriation.
ATTACHMENTS:
• MSA Street Designation Map, page
City of Eagan
Municipal State Aid Streets
2009 Requested Revisions
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Agenda Memo
April 21, 2009
Regular City Council Meeting
CONSENT AGENDA:
N. Approve a contract for architectural services related to design of a fire safety
campus.
ACTION TO BE CONSIDERED:
To APPROVE a contract with Short Elliott Hendrickson Incorporated (SEH) for
the architectural services for the proposed Fire Safety Campus project
FACTS:
• At the February 17, 2009 Council Meeting, the Council approved seeking
proposals from firms for architectural services related to the design of the
proposed Fire Safety Campus.
• The City received proposals from a total of seven architectural firms.
• A committee made up of fire and police staff reviewed the proposals and
recommended three firms for interviews.
• On April 3, 2009 the three finalists were interviewed by a panel made up of
members from the Fire Department, Public Works, Police Department and a
representative from Dakota County Office of Project Management.
• The interview panel is recommending that the Council award the contract to
Short, Elliott, Hendrickson Incorporated (SEH).
• SEH's fee proposal at 6% of the overall construction costs (estimated at $6.3
million) was one of the lowest proposals among the seven firms submitting
proposals. They ranged from 5.48%- 8.35%.
• SEH has extensive experience in municipal projects such as the proposed Fire
Safety Campus. They were the architects for the North Water Treatment
Facility.
• The contract also seeks approval for SEH to provide architectural services for
two additional remodeling projects that were originally in the 2009 Renewal
and Replacement budget. The projects include remodeling the former dispatch
center in the police and to remodel fire station three interior. Each project is
estimated to cost less than $100,000 each. SEH has proposed architect costs of
$10,000 for the police area and $20,000 for fire station three.
• The Council also approved seeking proposals for a Construction Manager at
the February 17th meeting. We intend to bring the Construction Manager
proposed contract to the Council in May.
• The designs that we are working on will not be site specific at this point.
ATTACHMENTS: None
3b
Agenda Information Memo
April 21, 2009, Eagan City Council Meeting
0. APPROVE TEMPORARY ON-SALE LIQUOR LICENSE FOR THE
TWIN CITIES GOOD TIME SOFTBALL LEAGUE
ACTION TO BE CONSIDERED:
To approve a temporary on-sale liquor license for the Twin Cities Good Time Softball
League.
FACTS:
> The Twin Cities Good Time Softball League, a non-profit organization based in
Minneapolis, has applied for a temporary on-sale liquor license to allow the sale of
strong beer at their softball tournament, the North Star Classic, scheduled for May
23 and 24, 2009 at the Northview Athletic Fields.
> The North Star Classic tournament has been held in the City of Eagan since 2004.
For the past five years, the organization was granted a temporary liquor license by
the City to allow alcohol sales at this event.
> The organization has met the requirements for a temporary on-sale liquor license and
has submitted the required documentation. The application has been reviewed by
staff and the Police Department and has been deemed in order for approval.
? Following Council approval, the application will be forwarded to the Department of
Public Safety/Liquor Control Division for their approval.
ATTACHMENTS (2):
Information required of temporary liquor licensees enclosed on pages through E-3.
2009 Northstar Classic
May 23 - 24, 2009
Additional information regarding bar/concessions operations at Northview Athletic Complex.
Security Precautions
• Security Personnel will be provided by the tournament staff consisting of
individual who work security in the bar industry. All security personnel have
completed Alcohol Beverage Service Training. Security will be checking
identification and attaching wristbands to those of legal drinking age.
• Wristbands will be provided by college City Beverage. Inc. of Northfield, MN.
• Signs will be posted at the entrance to the concessions area and the serving booth
regarding Minnesota Statute(s) on alcohol sales and consumption. Please see
attached example.
Insurance Information
• General Liability Insurance will be provided by Bollinger Insurance of Short
Hills, New Jersey.
• Liquor Liability Insurance will be provided by Minnesota Joint Underwriters
Association of St. Paul, MN.
• Please see the attached Liquor Liability Insurance Certificate.
Sales Area
• Bar/concessions will be provided within the main complex by existing fences and
temporary fencing.
• Area will be located on the East side of the complex, see attached photographs.
• A bar manager will be provided by one of out sponsor bar staff.
Hours of Operation
• The Northstar Classic Tournament is a two-day tournament, Saturday, May 23
and Sunday, May 24, 2009. The hours for beer sales are 12:00 PM (Noon) to
5:00 PM both Saturday and Sunday. All beer must be consumed by the 5:30
closing of the beer and concessions area.
The solid Red lines
indicate the additional/temporary
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Agenda Information Memo
April 21, 2009
P. MIMIMUM MAINTENANCE ROAD DESIGNATION
FOR EAST END OF TOWERVIEW ROAD
ACTION TO BE CONSIDERED: Approve Designation of "Minimum Maintenance
Road" For Towerview Road (East End).
FACTS:
• The resurfacing of the streets within the LeMay Lake Hills/ Lunka Additions in north -central
Eagan has been programmed for 2009 in the City's 5-Year Capital Improvement Program.
• On December 6, 2008, a feasibility report for Project 979 was presented to the City Council and a
Public Hearing was scheduled for January 6, 2009 to formally present and discuss the proposed
improvements with the benefitting property owners.
• An informational neighborhood meeting was held on December 30, and of the 70 total properties
(30 Single-Family, 40 Townhomes) proposed to be assessed under this improvement, 7 residents
representing 5 properties attended the meeting. Affected property owners from 1305, 1320, 1330,
and 1335 Towerview Road objected to bringing this section of Towerview Rd. up to City
standards with the related special assessments. They subsequently presented a written
request/petition at the Jan 6th, 2009 Public Hearing indicating their desire to have this section of
Towerview Road reclassified as a Minimum Maintenance Road in lieu of the proposed public
improvement upgrade. The Council accepted the petition and subsequently deleted that eastern
portion of Towerview Rd. from the approved project and directed staff to initiate the appropriate
process to officially designate that segment as a Minimum Maintenance Road. (The city
established a similar roadway designation to Wuthering Heights Rd in June of 2008)
• In order to minimize the City's liability exposure, it is necessary to either bring it up to current
City standards, or designate it as a "Minimum Maintenance Road" (similar to Wuthering Heights
Rd) and post it as such with the added advisory of "Travel at Your Own Risk".
ATTACHMENTS:
• Copy of letter sent to residents, page
• Ariel map showing sign location, page
~ECE%VED
Date: 1/02/09 JARS 0 b 260
EAGAN
To: Eagan City Council Members EtgNEER1NG DEPARTMENT
From: Homeowners adjacent to the proposed alternate upgrade on
Towerview Road
Please accept this letter from the five homeowners (1305, 1320,
1329, 1330, 1335 Towerview Road) adjacent to the proposed
alternate upgrade as an official request to reclassify this section of
Towerview Road to "Minimum Maintenance Road". We agree to
maintain this section of road on our own as it has been done for the
last 35 years.
Dave Bartosch (1305) d-3
Jerry Woods (1320)
Teresa Teneyck (1329)
Florence Reed (1330) Veit Phan (1335)
Lr` ' :r Y`rtt"`~,
1
Towerview Road
Minimum Maintenance Road
Sign Location
MINIMUM
MAINTENANCE
ROAD
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Agenda Information Memo
April 21, 2009, Eagan City Council Meeting
CONSENT AGENDA:
Q. Joint Powers Agreement with Dakota County to receive equipment funding through
the United States Department of Justice
ACTION TO BE CONSIDERED:
To approve a Joint Powers Agreement (JPA) authorizing Dakota County to be the fiscal
agent of a multi-agency Edward Byrne Memorial Justice Assistance Grant (JAG) offered
through the United States Department of Justice.
FACTS:
• Metro-area Minnesota municipalities will receive over $9 million for law enforcement
efforts as part of a recently passed American Recovery and Reinvestment Act.
• The Eagan Police Department was notified by the United States Department of Justice
that the City is eligible for $38,024 through a Justice Assistance Grant (JAG). The
figure was based on the city's reported crime rate.
• Funding awarded through the grant is to be used for law enforcement equipment and
cannot "supplant" existing funds.
• To receive the awarded funds, a county-wide application needed to be prepared by
one fiscal agent. The grant award for the entire county totaled $314,561.
• Dakota County agreed to act as the fiscal agent for a fee of 7% of the total grant
award as allowed by the Department of Justice. Therefore, the Eagan Police
Department will receive $35,362.32.
• The attached Joint Powers Agreement allows for Dakota County to make application
to the Department of Justice and to disburse the funds to the Eagan Police Department
in accordance with applicable laws and policies.
• The police department has identified needed equipment items to enhance video
equipment and enhance/replace other law enforcement equipment.
ATTACHMENTS:
A copy of the JPA is on pages
a7
JOINT POWERS AGREEMENT BETWEEN
THE COUNTY OF DAKOTA AND THE CITIES OF
APPLE VALLEY, BURNSVILLE, EAGAN, HASTINGS,
INVER GROVE HEIGHTS, LAKEVILLE, ROSEMOUNT,
SOUTH ST. PAUL AND WEST ST. PAUL
This Agreement is made and entered into the day of , 2009, by the County
of Dakota ("County"), the City of Apple Valley, the City of Burnsville, the City of Eagan, the City of
City of Hastings, City of Inver Grove Heights, the City of Lakeville, City of Rosemount, City of
South St. Paul and City of West St. Paul, ("the Cities"), each acting by and through its duly
authorized officers pursuant to Minn. Stat. § 471.59.
WHEREAS, the County and the Cities are political subdivisions organized under the laws of
the State of Minnesota and are responsible for the enforcement of criminal laws in their respective
jurisdictions; and
WHEREAS, the County and Cities wish to apply for a Recovery Act Edward Byrne Memorial
Justice Assistance Grant (JAG) in the amount of $314,561.00 and to delineate herein their agreement
regarding the roles and responsibilities among them with regard to the application for the JAG grant
and the assumption of fiscal agent duties attendant upon award of the JAG grant.
NOW, THEREFORE, THE COUNTY AND THE CITIES AGREE AS FOLLOWS:
1. PURPOSE. The purpose of this Agreement is to enable the County and the Cities to apply for
and receive a Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount
of $314,561.00 and to provide for the application, receipt, disbursal and administration of the JAG
funds, if awarded.
2. FISCAL AGENT. The County agrees to act as the fiscal agent for the County and the Cities
under this Agreement. The County will submit an application for the JAG funds and will be
responsible for administration of the JAG funds, if awarded, including distributing funds to the Cities
as provided in paragraph 3, monitoring expenditure of the JAG funds, and complying with Recovery
Act reporting requirements.
3. DISTRIBUTION OF FUNDS. The County agrees to distribute funds for grant programs to
the County and the Cities as follows:
County of Dakota $10,386.24
City of Apple Valley $42,780.93
City of Burnsville $69,982.50
City of Eagan $35,362.32
City of Hastings $12,859.11
City of Inver Grove Heights $31,899.93
City of Lakeville $21,761.07
City of Rosemount $ 9,396.72
City of South St. Paul $18,052.23
City of West St. Paul $40,060.68
0
4. USE OF JAG FUNDS. The County and the Cities agree that the JAG funds will be expended
for the following programs until December 2009:
County of Dakota: law enforcement equipment, including cameras and technology
City of Apple Valley: marked police cruisers
City of Burnsville: law enforcement equipment, including cameras and technology
City of Eagan: law enforcement equipment, including cameras and technology
City of Hastings: law enforcement equipment, including cameras and technology
City of Inver Grove Heights: law enforcement equipment, including cameras and technology
City of Lakeville: law enforcement equipment, including cameras and technology
City of Rosemount: law enforcement equipment, including cameras and technology
City of South St. Paul: law enforcement equipment, including cameras and technology
City of West St. Paul: law enforcement equipment, including cameras and technology
5. ADMINISTRATIVE FUNDS. The County and the Cities understand that up to 10 percent of
the JAG funds may be used by the fiscal agent for costs associated with administering JAG funds.
The County and the Cities understand and agree that the County will retain 7 percent of the JAG
funds for the costs associated with administering the JAG funds and that the distribution of funds
provided in paragraph 3 of this Agreement reflects the 7 percent allocation to the County for this
purpose.
6. COOPERATION. The Cities agree that they, and each of them, will cooperate with the
County in its role as fiscal agent.
7. LIABILITY. The County and the Cities shall be liable for their own acts and the results
thereof to the extent authorized by law and shall not be responsible for the acts of any of the others,
their agents, volunteers or employees. It is understood and agreed that the provisions of the
Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws, govern liability arising
from the performance of this Agreement.
Nothing in this Agreement shall impose or be construed to impose any liability for claims
against the County or the Cities, or any of them, except as may be otherwise imposed by law.
Nothing in this Agreement will be construed to modify or amend any statutory or other legal
obligations of the County or the Cities or any of them.
8. THIRD PARTY BENEFICIARY. The County and the Cities do not intend for any third party
to obtain a right by virtue of this Agreement.
3q 2
O:\Civi1\Contracts\2009\K09-81 Byrne JPA.doc
9. DISBURSEMENT OF FUNDS. The County will comply with the method for disbursement
of funds in accordance with the laws and policies applicable to the County. Contracts let and
purchases made with funds made available pursuant to this Agreement shall conform to the
requirements of the County or the Cities, as appropriate. The County and the Cities agree that there
shall be strict accountability of all funds made available pursuant to this Agreement.
10. EFFECTIVE DATE. This Agreement shall be effective on the date that the last entity has
executed the Agreement.
11. COUNTERPARTS. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s)
indicated below.
APPROVED AS TO FORM: COUNTY OF DAKOTA
By:
Assistant County Attorney/Date
Date:
Approved by Dakota County
Board Resolution No.
L 3
O:\Civil\Contracts\2009\K09-81 Byme JPA.doc
2009 Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG)
CITY OF EAGAN
By:
Print Name:
Title:
Date:
14~ 6
o:\Civil\Contracts\2009\K09-8I Byrne JPA.doc
Agenda Information Memo
April 21, 2009, Eagan City Council Meeting
V. PUBLIC HEARINGS
A. VARIANCE - ROBERT AND RENATE OWEN
ACTIONS TO BE CONSIDERED:
To approve a Variance to exceed the maximum 20 percent lot coverage by 5 percent for a house
addition on property legally described as Lot 21, Block, 5, Cedar Grove No. 4, located at 2090
Quartz Lane, in the NE '/4 of Section 30.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
? The property is located on Quartz Lane and contains a single-family home with a 960
square foot detached garage.
? In 2003 the owners received a variance to exceed the 20 percent lot coverage maximum
by 1.5 percent and to exceed the allowed 800 square feet detached accessory structure
requirement by 160 square feet for a detached garage.
? The applicant proposes renovating the living space and constructing an addition to make
the home and entrance handicap accessible.
? The proposed improvements would result in an additional 338 square feet or 3.5 percent
building coverage.
? Other yard setback requirements are satisfied.
? The applicant's stated hardship pertains to physical limitations and the need to make the
home wheelchair accessible.
? The requested Variance appears to be a minimal request to alleviate the stated hardship.
ISSUES: None
60 DAY AGENCY ACTION DEADLINE: June 1, 2009
ATTACHMENTS (2 :
Location Map, page 3
Planning Report on pages A through j
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PLANNING REPORT
CITY OF EAGAN
REPORT DATE: April 14, 2009 CASE: 30-VA-01-04-09
APPLICANT: Bill Diedrich HEARING DATE: April 21, 2009
PROPERTY OWNER: Robert & Renate Owen APPLICATION DATE: April 2, 2009
REQUEST: Variance PREPARED BY: Sarah Thomas
LOCATION: 2090 Quartz Lane
COMPREHENSIVE PLAN: LD, Low Density
ZONING: R-1, Single Family Residential
SUMMARY OF REQUEST
The applicant is requesting a Variance to exceed the maximum 20 percent lot coverage by 5
percent for a house addition on property legally described as Lot 21, Block, 5, Cedar Grove No.
4, located at 2090 Quartz Lane, in the NE '/4 of Section 30.
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.
y~
Planning Report - Owen Variance
April 21, 2009
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.
g. Whether the property for which the variance is requested is in compliance with the City
Code.
CODE REQUIREMENTS
In the R-1, Single Family Residential Zoning district, the maximum allowable building coverage
is 20 percent.
BACKGROUND/HISTORY
The subject property was platted as Lot 21, Block 5, Cedar Grove No. 4 in 1964. Cedar Grove
No. 4 was developed with Single Family homes.
In 2003 the owners received a variance to exceed the 20 percent lot coverage maximum by 1.5
percent and to exceed the allowed 800 square feet detached accessory structure requirement by
160 square feet for a detached garage.
EXISTING CONDITIONS ttor
There is an existing 960 square foot single
family home as well as a 960 square foot
detached garage located on the subject site.
The detached garage is set back behind the
house. The lot size is about 9,000 square feet
and the existing buildings occupy 21.5 percent
of the lot. The 9,000 square foot lot size is
standard in Cedar Grove No. 4.
EVALUATION OF REQUEST
Proposal - The applicant proposes to convert an extra bedroom into an accessible bathroom,
adding onto one of the existing bedrooms, as well as constructing a four season porch, covered
ramp and lift. The bedroom conversions result in three feet being added to the house. An
additional 15 feet of new construction consists of the porch, ramp and lift and attaches the home
to the garage. The additional square footage is 338 sq. ft. or 3.5 percent of the property.
Y-s-
Planning Report - Owen Variance
April 21, 2009
Page 3
Lot Coverage - The existing detached garage and principal building have a combined building
coverage of 21.5 percent. The proposed construction will result in an additional 3.5 percent, for
a total of 25 percent building coverage.
Variance Criteria - The Zoning Ordinance states that relief may be 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 Zoning Ordinance states that relief may be granted provided that there are special conditions
that apply to the parcel in question. The subject site is approximately 9,000 sq. ft. in area. This
is less than the current minimum lot size requirement of 12,000 square feet in the R-1 zone. This
lot also has received previous variances due to the small size of the property. The Zoning
Ordinance states that relief may be granted provided that there are special conditions that apply
to the parcel in question. While previous consideration was given to the size of the property, it
does not appear as though special conditions (i.e., topography, unique lot configuration,
vegetation, etc.) are present on the property since a single family dwelling with a detached 960
square foot garage is present on the site.
The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide
Plan, but may be inconsistent with the intent of the Zoning Ordinance. That is, the purpose of
the building coverage provision is to prevent the overcrowding of properties and to provide green
space. Since the request is to exceed the amount of building coverage, it appears to be contrary
to the intent of the ordinance.
A demonstrable difficulty is required to grant relief from the maximum building coverage
requirement. The applicant is requesting relief from the required maximum building coverage
requirement to allow for the construction of a 338 square foot addition. A reasonable use, single
family dwelling with attached garage, is present on the site, so the owner has the same use as
others in this area and would have the same opportunity for use of the property without relief
from the Zoning Ordinance; however, the applicant's need for an accessible entrance and
accessibility throughout the home does result in a demonstrable difficulty that is not due to a
uniqueness of the parcel.
It would not appear that granting of the Variance would result in detrimental effects to the
neighboring properties as the addition is to the rear of the existing home.
The requested Variance appears to be a minimal request to accommodate an expansion of the
home, resulting in an accessible entrance and accessible space for the owners.
APPLICANT'S ESTIMATE OF HARDSHIP
The estimate of hardship provided by the applicant pertains to physical limitations and the need
to make the home wheelchair accessible.
Aln
Planning Report - Owen Variance
April 21, 2009
Page 4
SUMMARY/CONCLUSION
The owner is requesting approval of a variance to allow a home addition. The proposed addition
results in lot coverage that exceeds the maximum 20 percent allowed by City Code by 5 percent,
a 3.5 percent increase over the existing conditions.
ACTION TO BE CONSIDERED
To approve a Variance to allow the lot coverage to exceed the 20 percent maximum by 5
percent for a house addition on property legally described as Lot 21, Block, 5, Cedar Grove No.
4, located at 2090 Quartz Lane, in the NE 1/4 of Section 30; subject to the following conditions:
1. If within one year after approval, the variance shall not have been completed or utilized, it
shall become null and void unless a petition for extension has been granted by the council.
Such extension shall be requested in writing at least 30 days before expiration and shall state
facts showing a good faith attempt to complete or utilize the use permitted in the variance.
2. The addition shall not exceed the size shown on the proposed Architectural Plans received
April 2, 2009.
3. No additional building or impervious coverage shall occur on this property.
4. The addition shall comply with all other applicable Zoning Ordinance provisions.
5. A building permit must be obtained prior to construction.
47
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Development/Developer.. Bill Diedrich
Application: Variance
Case No.: 30-VA-03-04-09
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The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S
Community Development Department not responsible for errors or omissions.
Current Zoning and Comprehensive Guide Plan
Land Use Map Bill Diedrich
Variance
30-VA-03-04-09
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Living Bob & Renate Owens
Room 2090 Quartz Lane
W
Eagan, MN 55122
, 651-452-4182
Lot Size 7 5 x 120 = 9,000. sq. ft.
2 plo 5° . I Kitchen
Bedroom Bedroom #2 9,000 sq. ft. x.20 =1,800 sq. ft. coverage permitted Z
House size 960 sq. ft.
D Garage size 960 sq. ft.
m,~a a.r~ _ O 3a Addition 338 sq. ft.
-1
- Total 2258 sq. ft.
Deck Coverage permitted 1800 sq. ft. 71 30 Overage 458 sq. ft. or 5%
Deck 51b
Porch
7° 7'X /3 g° so
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5'4
Ramp
? c
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Ramp IV' Existing o
Garage
Scale
3/16"=Foot
Ramp slope requires 1 inch Drop Per 1 Foot
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Copyright ®2007 pictomenY ~ternationai C
AAEERIAL
City Council of Eagan
April 1, 2009 RECEIVED APR 0 71009
Robert and Renate Owen
2090 Quartz Lane
Eagan, MN 55122
Requesting a Variance to adapt our house at 2090 Quartz Lane to be handicapped accessible.
We have lived at our present address since October 30th, 1978. We have raised our two boys living in a
great neighborhood with great neighbors and family. We would love to continue living in our home in
Cedar Grove Development if we are able to make a few small changes to accommodate Bob's physical
limitations.
We would like to add three feet to the back side of our house to extend two bedrooms and add a four
season porch.
Life has thrown us a curve that we had not expected and we are now in a situation that requires us to
have a home that is handicapped accessible. Bob is a Vietnam Vet and Agent Orange is the leading
cause for his diabetes along with other health issues. This resulted in a double leg amputation, leaving
him bound to a wheelchair. Bob also has heart problems and is a dialysis patient.
Bob has to have a larger bedroom, bathroom and shower arrangements. We would be using a third
bedroom, next to the master bedroom, and converting it to a bathroom for Bob. Door entries and
hallways would also need to be widened.
The VA will give Bob a grant to pay for some of the conversions. The Federal guidelines are such that
he needs to have more square footage in his bedroom that will accommodate his two wheelchairs and be
able to get around his bed on three sides. Bob also suffers severely from PTSD (Post Traumatic Stress
Disorder) and needs to have a room to settle down and get a hold of his emotions, thus the reason for the
added porch. Federal guidelines also require having a wheelchair ramp from the house to the garage and
an electric wheelchair lift for a second means of escape in case of an emergency. The lift is required to
have a roof.
We have looked into selling our home and buying a larger home, but we would still have to go through
the same remodel process in the new home as well. We cannot afford a larger mortgage payment as well
as the additional cost of renovations. Remodeling our current home is within our budget. Granting us
this variance will allow us to be able to make the necessary changes to our home and have Bob be safe
and comfortable.
Six years ago we built a larger garage but had no idea it would be in such need like at this time. Bob has
a specialized hand controlled minivan with a wheelchair ramp that extends out 4'ft on the side. My car
cannot be parked next to his van; I have to park in front of or behind him in our garage.
We would like to thank you for taking your time to consider our needs in this request.
Bob and Renate Owen
RECEIVED APR 07 2009
C ~ ~'lyl
C LIJ
APR 1, /-00,9
April 14, 2009
City of Eagan
Community Development Dept.
Eagan, Mn
Re: 2090 Quartz Lane, Variance
We own a home on 2106 Quartz Lane, we are in favor of the variance, one of the owners
(Robert Owens) is a vietnam vetran and has lost both legs from complications of agent orange,
Robert and his Wife Rentate have lived in their house over 20 years and love the area and do
not want to move away.
Robert needs a better arrangement to use the bathroom and entrance to the house because of
his disability, eventually when he passes on, I would expect there would be another person or
persons that would make use of Ithe handicap facility.
We need to provide homes for those with disabilities so they can be part of normal communities.
Thank you for your consideration.
Jerry & Audrey Wicklund
APR 16 2009
April 14, 2009
Community Development Department
3830 Pilot Knob Road
Eagan, MN 55122
Development Name: Quartz Lane
Case 3o-VA-03-04-09
I feel that it is in our best interests to update our properties and homes and retain
good neighbors. I have no objection for a variance to be granted for the property at
2090 Quartz Lane (Lot 21, Block 5, Cedar Grove Number 4).
Cordially,
Marianne Adelmann
2077 Quartz Lane
Eagan, MN 55122
156e
Agenda Information Memo
April 21, 2009 Eagan City Council Meeting
PUBLIC HEARING
PROJECT 905R, LEBABNON HILLS REGIONAL PARK/LONG ACRES
STORM SEWER IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 905R
(Lebanon Hills Regional Park/Long Acres - Storm Sewer Improvements) and authorize its
certification to Dakota County for collection.
FACTS:
• Project 905R provided for the managed conveyance of storm water flows from southeast
Eagan into and through, as well as for, Dakota County's Lebanon Hills Regional Park
(LHRP) and included the upgrade of the Holland Lake lift station (Pond LP-51).
• The Final Assessment Roll was presented to the City Council on March 17, 2009, with a
public hearing scheduled for April 21 to formally present the final costs associated with this
public improvement to the affected benefiting properties.
• The final assessment costs are equal to the estimated benefit amounts that were presented at
the original Public Hearing May 1, 2007. Dakota County has previously reimbursed the City
for their financial obligation ($1,474,900) under the terms of the Joint Powers Agreement
and is so noted as such in the final assessment role.
• All notices have been published in the legal papers and sent to all affected property owners
informing them of this public hearing. An informational meeting was held on April 16 to
address all property owners' questions or concerns and provide any additional information of
interest. Of the 79 parcels (70 Single-Family, 1 Recreational Facility, 3 Commercial, and 5
Industrial) being assessed, 7 persons representing 5 properties attended the meeting.
ATTACHMENTS:
• Final Assessment Report, pages througl4T
• Neighborhood Meeting Minutes, page & 4'7
• Objection Letters, pages through
'511
FINAL ASSESSMENT HEARING
PROJECT PUBLIC HEARING DATES
Number: Project 905R Assessment: April 21, 2009
Name: Lebanon Hills Regional Park/Long Acres Project Approval Date: May 1, 2007
Trunk Storm Sewer Improvements
Final Feasibility Final Feasibility
Rate Report Units Rate Report Units
SANITARY SEWER STORM SEWER
? Trunk ?x Trunk
? Lateral Single Family/Ag $0.106 $0.106 / sa ft
Regional Park $0.053 $0.053 sgftft
? Service
? Lat. Benefit/trunk
WATER STREET
? Trunk ? Gravel Base
? Lateral ? Surfacing/ Signs
? Service
? Multi Family Equiv.
? Lat. Benefit/trunk
? WAC ? C/I Equiv.
? Driveway
OTHER STREET LIGHTS
? Service Pair ? Installation
? Energy Charge
Contract Number of Interest Amount City
Number Parcels Terms Rate Assessed Financed
07-06 113 15 Years 6.5% $2,656,113 F.R. $959,367 F.R.
08-01 $2,652,280.84 $578,507.34
(F.R. = Feasibility Report)
Amount Assessed includes County
contribution. The City Financed portion
includes allocations to other local agencies in
JPA.
40~ City of Eaaali Mello
To: Mayor and City Council
From: Russ Matthys, City Engineer
Date: March 12, 2009
Subject: Final Assessment Roll, Project 905R
Lebanon Hills Regional Park/Long Acres - Trunk Storm Sewer Improvements
At the public hearing on May 1, 2007, the City Council ordered Project 905R, and in accordance with
the feasibility report, the following improvements were constructed: trunk storm sewer improvements in
to and through the Lebanon Hills Regional Park and removal and replacement of the Holland Lake Storm
Sewer Lift Station. In the feasibility report, it was proposed to assess the trunk storm sewer improvements
in accordance with the City's Special Assessment Policy and 2007 Fee Schedule for Trunk Storm Sewer.
The improvements were completed under Contracts 07-06 and 08-01. The following information was
used in the preparation of the assessment roll for Project 905R.
1. PROJECT COST
The construction cost includes the amount of $1,508,041.45 paid to the contractors for the construction
of the improvements. Other costs including engineering, design, contract management, inspections,
financing, legal, bonding, administration, and other (including a Storm Sewer Connection Fee) totaling
$1,722,746.73 were incurred resulting in an improvement and project cost of $3,230,788.18. The detail of
these other costs is provided on Schedule I. These other costs are allocated to the constructed
improvements in order to determine the cost of each improvement and the appropriate funding.
CONSTRUCTION OTHER COSTS IMPROVEMENT FEASIBILITY
IMPROVEMENT COST COST REPORT
Trunk Storm Sewer $832,531.45 $336,755.15 $1,169,286.60 $1,295,370
Holland Lake Lift Station 675,510.00 273,241.58 948,751.58 $1,207,360
Connection Fee NA 1,112,750.00 1,112,750.00 $1,112,750
Totals $1,508,041.45 $1,722,746.73 $3,230,788.18 $3,615,480
1-~~
II. ASSESSMENTS
A. LATERAL ASSESSMENTS
No lateral assessments for storm sewers were proposed in the feasibility report, therefore, none are
proposed in this assessment roll.
B. TRUNK ASSESSMENTS
Trunk Storm Sewer assessments were proposed in the feasibility report for the storm sewer improvements
constructed as part of this project as all of the improvements were considered trunk, therefore, they are
included in this assessment roll using the following approved 2007 Fee Schedule rates.
C. IMPROVEMENT AND ASSESSMENT RATES
The assessable properties within the project area are primarily a mix of low-density residential/
agricultural and regional park, but also include commercial/industrial, and recreational facility properties.
The trunk storm sewer assessment rates are in accordance with the Council approved 2007 Fee Schedule
as follows:
REGIONAL PARK
IMPROVEMENT RATE ASSESSABLE PORTION ASSESSMENT RATE
$0.053/ Sq Ft X 100% $0.053/ Sq Ft
SINGLE FAMILY
IMPROVEMENT RATE ASSESSABLE PORTION ASSESSMENT RATE
$0.106/ Sq Ft X 100% $0.106/ Sq Ft
COMM/INDUSTRIAL
IMPROVEMENT RATE ASSESSABLE PORTION ASSESSMENT RATE
$0.163/ Sq Ft X 100% $0.163/ Sq Ft
RECREATIONAL FACILITY
IMPROVEMENT RATE ASSESSABLE PORTION ASSESSMENT RATE
$0.106/ Sq Ft X 100% $0.106/ Sq Ft
D. ASSESSMENT TERMS
The assessments are proposed for a term of 15 years. The interest rate is 6.5% per annum on the unpaid
balance.
Lev
CITY REVENUES (RESPONSIBILITY)
IMPROVEMENT ASSESSMENT CITY
IMPROVEMENT COST REVENUE RESPONSIBILITY
Storm Sewer $3,230,788.18 $2,652,280.84 ($578,507.34)
Trunk Facilities
Total $3,230,788.18 $2,652,280.84 ($578,507.34)
The City Storm Sewer Trunk Fund will be reimbursed for the City's previous expenditures for
the Storm Sewer Trunk improvements due to the contributions from the cities of Apple Valley
and Rosemount.
FUND AMOUNT
Dakota County (Assessed) $1,474,900.00
City of Rosemount $639,046.00
City of Apple Valley $96,201.00
Storm Sewer Trunk Fund ($156,739.66)
Russ Matthys, P.E.
Reviewed Reviewed
Public Works Department Finance Department
Dated Dated
c: Thomas A. Colbert, Director of Public Works
Mike Dougherty, City Attorney
Sue Sheridan, Accountant I
3
gel
APPENDIX D
EAGAN PROJECT NO. 905R
FINAL ASSESSMENT ROLL
TRUNK STORM SEWER ASSESSMENT
BONESTROO PROJECT NO. 49-04128
APRIL, 2009
Assessment
Non- R.O.W. Water Cost (2007) Total
Property Total Contributing Credit Credit Assessable Res($0.106/SF) Assessment Pending
I.D. Number Property Address Area (AC) Area (AC) Area Area (AC) Area (AC) Park($0.053/SF) Cost Assess Cost Difference
Park Parcels (To McDonough Lake)
10-03400-010-04 N/A 78.57 45.98 4.15 28.44 0.053 $65,658.86 $65,658.86 $0.00
10-03400-010-52 N/A 16.95 1.77 15.18 0.053 $35,045.76 $35,045.76_ $0.00
10-03400-010-53 1315 CARRIAGE HILL DR 4.99 0.00 4.99 0.053 $11,520.31 $11,520.31 $0.00
10-03400-010-55 N/A 16.73 2.95 0.23 5.15 8.40 0.053 $19,392.91 $19,392.91 $0.00
10-03400-010-56 N/A 24.77 1.32 11.98 11.47 0.053 $26,480.56 $26,480.56 $0.00
10-03400-010-74 N/A 38.00 16.15 21.85 0.053 $50,444.66 $50,444.66 $0.00
10-03400-010-75 N/A 72.06 17.74 4.92 49.40 0.053 $114,048.79 $114,048.79 $0.00
10-03400-010-76 N/A 1.96 0.00 1.96 0.053 $4,525.01 $4,525.01 $0.00
10-03400-010-77 N/A 39.95 1.12 17.29 21.54 0.053 $49,728.97 $49,728.97 $0.00
10-03400-010-78 N/A 19.91 0.09 1.50 18.32 0.053 $42,295.02 $42,295.02 $0.00
.
10-03400-010-79 N/A 15.41 6.80 8.61 0.053 $19,877.73 $19,877.73 $0.00
10-03400-040-53 N/A 0.50 0.00 0.50 0.053 $1,154.34 $1,154.34 $0.00
10 03400-050-53 N/A 22.66 0.01 0.00 22.65 0.053 $52,291.60 $52,291.60 $0.00
10-03400-050-76 N/A 2.00 0.37 1.63 0.053 $3,763.15 $3,763.15 $0.00
10-03500-010-02 N/A 79.58 25.71 3.51 0.65 49.71 0.053 $114,764.48 $114,764.48 $0.00
10-03500-010-29 N/A 79.36 39.16 5.65 34.55 0.053 $79,764.89 $79,764.89 $0.00
10-03500-010-53 N/A 24.72 _ 5.29 19.43 0.053 $44,857.65 $44,857.65 $0.00
10-03500-010-55 945 120TH ST W ROSEMOUN- 39.66 0.93 11.08 27.65 0.053 $63,835.00 $63,835.00 $0.00
10-03500-010-75 N/A 69.68 0.99 4.27 64.42 0.053 _$148,725.17 $148,725.17 $0.00
10-03500-010-76 N/A 4.98 0.00 4.98 0.053 $11,497.23 $11,497.23 $0.00
_
10 03500-010-77 N/A - _ 13.23 0.08 13.15 0.053 $30,359.14 $30,359.14 $0.00
10-03500-010-78 N/A 6.67 0.60 6.07 0.053 $14,013.69 $14,013.69 $0.00
_
10-03500-010-79 N/A 19.89 8.66 11.23 0.053 $25,926.48 $25,926.48 $0.00
10-03500-010-80 N/A 39.76 0.99 0.08 38.69 0.053 $89,322.83 $89,322.83 $0.00
10-03500 020 76 N/A 4.98 0.02 4.96 0.053 $11,451.05 $11,451.05 $0.00
10-03600-010-29 N/A 46.05 1.75 0.16 44.14 0.053 $101,905.14 $101,905.14 $0.00
10-03600 010 30 N/A 40.15 0.03 40.12 0.053 $92,624.24 $92,624.24 $0.00
10-03600-010-50 N/A 41.30 0.05 18.95 22.30 0.053 $51,483.56 $51,483.56 $0.00
10 03600-010-52 N/A 36.71 5.91 30.80 0.053 $71,107.34 $71,107.34 $0.00
10-03600-010-54 N/A 8.44 0.83 1.89 5.72 0.053 $13,205.65 $13,205.65 $0.00
Total Park Parcels (To McDonough Lake) $1,461,071.22 $1,461,071.22 $0.00
G:\Project and Contract lnformation\900's\0905 - Lebanon Hills Regional Pk\Final Assess lnfo\Final Assessments Rev 4-16-09
Assessment
Non- R.O.W. Water Cost (2007) Total
Property Total Contributing Credit Credit Assessable Res($0.106/SF) Assessment Pending
I.D. Number Property Address Area (AC) Area (AC) Area Area (AC) Area (AC) Park($0.053/SF) Cost Assess Cost Difference
Park Parcels (West of Pilot Knob, planned to drain to Jensen Lake)
10-03400-030-50 N/A 1.61 0.18 0.62 0.00 0.81 0.053 $1,870.03 $1,870.03 $0.00
10-03400-040-50 4955 PILOT KNOB RD 2.24_ _ 0.94 0.00 1.30 0.053 $3,001.28 $3,001.28 $0.00
10-03300-010-78 N/A 3.74 0.60 0 0.00 3.14 0.053 $7,249.26 $7,249.26 $0.00
10 03300-010 77 N/A~ - 79.86 79.12 0 0.00 0.74 0.053 $1,708.42 $1,708.42 $0.00
Total Park Parcels to Jensen Lake $13,828.99 $13,828.99 $0.00
City Parcels (To McDonough Lake)
10-03400-010-54 1286 CARRIAGE HILL DR 1.00 0.00 1.00 0.106 $4,617.36 $4,617.36 $0.00
10-03400-010-80 1115 120TH ST W, ROSEMOUI 4.49~~-~~~-~ 1.83 - 2.66 0.106 $12,282.18 $12,282.18 $0.00
10-03400-020-76 1252 CARRIAGE HILL DR 0.49 0.00 0.49 0.106 $2,262.51 $2,262.51 $0.00
10 03400 031-53 1325 CARRIAGE HILL DR _ 1.12 0.00 1.12 0.106 $5,171.44 $5,171.44 $0.00
10-03400-031-76 N/A 2.05 0.00 2.05 0.106 $9,465.59 $9,465.59 $0.00
10 03400 0_32 53 1319 CARRIAGE HILL DR 1.07 0.00 1.07 0.106 $4,940.58 $4,940.58 $0.00
10-03400-032-76 1250 CARRIAGE HILL DR 0.68 0.00 0.68 0.106 $3,139.80 $3,139.80 $0.00
ty) 10-03400-040-76 1248 CARRIAGE HILL DR 0.45 0.00 0.45 0.106 $2,077.81 $2,077.81 $0.00
10-03500-010-50 N/A 39.81 21.89 17.92 0.106 $82,743.09 $82,743.09 $0.00
_
10-03500-010-51 945 BUTWIN RD_ 39.86 3.20 36.66 0.106 $169,272.42 $169,272.42 $0.00
10-03500-010-52 N/A 4.53 3.29 1.24 0.106 $5,725.53 $5,725.53 $0.00
10-03500-011-54 1015 120TH ST W, ROSEMOUI 4.15 0.49 0.54 3.12 0.106 $14,406.16 $14,406.16 $0.00
10-03500-021-54 985 120TH ST W, ROSEMOUN 6.39 0.51 0.95 4.93 0.106 $22,763.58 $22,763.58 $0.00
10-03600-010-53 2835 120TH ST W, ROSEMOUI 0.85 0.00 0.8_5 0.106 $3,924.76 $3,924.76 $0.00
10-03600-010-56 0.29 0.16 0.00 0.13 0.106 $600.26 $600.26 $0.00
10-03600-010-57 N/A 3.84 0.00 3.84 0.106 $17,730.66 $17,730.66 $0.00
10-03600-010-80 650 GUN CLUB RD 18.96 0.56 9.92 8.48 0.106 $39,155.21 $39,155.21 $0.00
10-03600 012-81T .500 GUN CLUB RD Homesteac _._5.01 0.3 0.00 4.71 ___..._.__........._..._0.106 ..._....___..._....__.._$21,747.77 $21,747.77 $0.00
10-03600-013-55 4980 DODD RD 6.45 0.19 0.00 6.26 0.106 $28,904.67 $28,904.67 $0.00
10-03600-013-81__N/ A Lon Acres 7.59 1.04 6.55 0.106 $30,243.71 $30,243.71 $0.00
10-03600-014-81 700 GUN CLUB RD Lon Acre: 4.91 0.00 4.91 0.106 $22,671.24 $22,671.24 $0.00
10-036_00-020-51 4875 DODD RD 5.06 0.24 0.00 4.82 0.106 $22,255.68 $22,255.68 $0.00
10-03600-020-53 1.72 0.26 0.00 1.46 0.106 $6,741.35 $6,741.35 $0.00
10-03600-021-79 N/A 8.55 0.29 0.75 7.51 0.106 $34,676.37 $34,676.37 $0.00
10-03600-022-79 640 GUN CLUB RD 0.99 0.07 0.16 0.76 0.106 $3,509.19 $3,509.19 $0.00
10-03600 027-25 4625 DODD RD 0.99 0.15 0.00 0.84 0.106 $3,878.58 $3,878.58 $0.00
10-03600-030-28 4755 DODD RD 0.99 0.13 0.00 0.86 0.106 $3,970.93 $3,970.93 $0.00
1.1----, -
10-03600-030 51 4895 DODD BLVD 5.01 0.26 0.75 4.00 0.106 $18,469.44 $18,469.44 $0.00
10-03600-030-81 N/A 1.33 0.00 1.33 0.106 $6,141.09 $6,141.09 $0.00
10 03600 040-28 4775 DODD RD 5.00 0.120.06 4.82 0.106 $22,255.68 $22,255.68 $0.00
10-03600-050-28 4785 DODD RD 4.82 0.20 0.17 4.45 0.106 $20,547.25 $20,547.25 $0.00
10-10250-010-01 965 CLIFF RD 2.00 0.42 1.58 0.106 $7,295.43 $7,295.43 $0.00
10-10250-020-01 955 CLIFF RD 1.16 0.12 1.04 0.106 $4,802.05 $4,802.05 $0.00
10-10250 030-01 925 CLIFF RD 2.00 0.73 1.27 0.106 $5,864.05 $5,864.05 $0.00
G:\Project and Contract Information\900's\0905 - Lebanon Hills Regional Pk\Final Assess Info\Final Assessments Rev 4-16-09
Assessment
Non- R.O.W. Water Cost (2007) Total
Property Total Contributing Credit Credit Assessable Res($0.106/SF) Assessment Pending
I.D. Number Property Address Area (AC) Area (AC) Area Area (AC) Area (AC) Park($0.053/SF) Cost Assess Cost Difference
10-20900-010-02 4822 DODD RD 0.40 0.00 0.40 0.106 $1,846.94 $1,846.94 $0.00
10-20900-010-03 N/A 1.38 0.00 1.38 0.106 $6,371.96 $6,371.96 $0.00
10-20_9
00-010-04 4855 ROBERT TR S 1.14 0.00 1.14 0.106 $5,263.79 $5,263.79 $0.00
10-20900-030-02 4850 DODD RD 0.41 0.00 0.41 0.106 $1,893.12 $1,893.12 $0.00
10 20900 031-04 N/A 0.76 --0.00 -0.76 0.106 $3,509.19 $3,509.19 $0.00
10-20900-032-03 4880 DODD RD 1.73 0.00 1.73 0.106 $7,988.03 $7,988.03 $0.00
10-20900-040-02 4856 DODD RD 0.510.00 0.51 0.106 $2,354.85 $2,354.85 $0.00
10-20900-040-03 675 FARM RD 0.56 0.00 0.56 0.106 $2,585.72 $2,585.72 $0.00
10-20900-051-03 4895 ROBERT TR S 1.34 0.00 1.34 0.106 $6,187.26 $6,187.26 $0.00
10-22540-390-02 1284 CARRIAGE HILL DR 0.95 0.24 0.71 0.106 $3,278.33 $3,278.33 $0.00
10 31800 010 01 4895 BISCAYNE AVE 0.00 0.70 0.106 $3,232.15 $3,232.15 $0.00
10-31800-010-02 4890 BISCAYNE AVE 0.70 0.00 0.70 0.106 $3,232.15 $3,232.15 $0.00
3-"-.2"-8-
10 31800-020-01 4881 BISCAYNE AVE 0.88 0
$4,$4,063.28 $0.00
10-31800-030-01 4861 BISCAYNE AVE 0.88 0.00 0.88 0.106 $4,063.28 $4,063.28 $0.00
10-31800-030-02 4870 BISCAYNE AVE 0.88 0.00 0.88 0.106 $4,063.28 $4,063.28 $0.00
10-44350-100-00 894 LAKEWOOD HILLS RD 1.52 0.00 1.52 0.106 $7,018.39 $7,018.39 $0.00
10-44350-110-00 888 LAKEWOOD HILLS RD 0.55 0.00 055 0.106 $2,539.55 $2,539.55 $0.00
10-44350-120-00 870 LAKEWOOD HILLS RD 0.44 0.00 0.44 0.106 $2,031-64 $2,031.64 $0.00
10-44350-130-00 865 LAKEWOOD HILLS DR 0.86 0.00 0.86 0.106 $3,970.93 $3,970.93 $0.00
10-44350-140-00 894 LAKEWOOD HILLS RD 1.36 0.00 1.36_ 0.106 $6,279.61 $6,279.61 $0.00
10-44350 150 00 855 CLIFF RD 2.12 0.00 _...._.._..._._.._.2.12- 0.106 $9,788.80 $9,788.80 $0.00
10-44350-151-00 874 LAKEWOOD HILLS RD 1.15 0.00 1.15 0.106 $5,309.96 $5,309.96 $0.00
10-44350-160-00 878 LAKEWOOD HILLS RD ...............__._1._21._..__..___ . 0.00 1.21 0.106 $5,587.01 $5,587.01 $0.00
10-44350-170-00 882 LAKEWOOD HILLS RD 1.34 0.00 1.34 0.106 $6,187.26 $6,187.26 $0.00
10-44350-180-00 890 LAKEWOOD HILLS RD 1.22 0.00 1.22 0.106 $5,633.18 $5,633.18 $0.00
10-44350-190-00 904 LAKEWOOD HILLS RD 0.71 0.00 0.71 0.106 $3,278.33 $3,278.33 $0.00
10-44350-200-00 906 LAKEWOOD HILLS RD 1.09 0.00_ 1.09 0.106 $5,032.92 $5,032.92 $0.00
10-44351-020-01 910 LAKEWOOD HILLS RD 2.16 0.00 2.16 0.106 $9,973.50 $9,973.50 $0.00
10-48600-010-01 709 NAUVOO LANE 3.19T_. 0.00 3.19 0.106 $14,729.38 $14,729.38 $0.00
10-48600-020-01 704 NAUVOO LANE 3.25 0.00 3.25 0.106 $15,006.42 $15,006.42 $0.00
10-53600-010-01 4575 OAK POND RD 1.12 0.00 1.12 0.106 $5,171.44 $5,171.44 $0.00
10-53600-010-02 4590 OAK POND RD 1.01 0.00 1.01 0.106 $4,663.53 $4,663.53 $0.00
10 57650 120-01 N/A (Long Acres) 9 40 0.00 9,.40 0.106 $43,403.18 $43,403.18 $0.00
10-57650-130-01 535 GUN CLUB RD (Long Acre 9.61 0.64 8.97 0.106 $41,417.72 $41,417.72 $0.00
10-69000-010-01 4900 DODD RD 5.01 1.45 3.56_ 0.106 $16,437.80 $20,270.21 ($3,832.41)
10-69000-020-01 4920 DODD RD 5.08 0.00 5.08 0.106 $23,456.19 $23,456.19 $0.00
_ ..F.--
10 69000-030 01 4940 DODD RD 5.43 0.00 5.43 0.106 $25,072.26 $25,072.26 $0.00
10-84300-057-00 906 LAKEWOOD HILLS RD 0.17 0.12 0.05 0.106 $230.87 $230.87 $0.00
Total City Parcels (To McDonough Lake) $986,406.62 $990,239.03 ($3,832.41)
G:\Project and Contract Information\900's\0905 - Lebanon Hills Regional Pk\Final Assess Info\Final Assessments Rev 4-16-09
Assessment
Non- R.O.W. Water Cost (2007) Total
Property Total Contributing Credit Credit Assessable Res($0.106/SF) Assessment Pending
I.D. Number Property Address Area (AC) Area (AC) Area Area (AC) Area (AC) Park($0.053/SF) Cost Assess Cost Difference
City Parcels (West of Pilot Knob, planned to drain to Jensen Lake)
10-03300-011-75 Steeplechase Develoment 35.2 0.31 0.58 34.31 0.106 $158,421.62 $158,421.62 $0.00
10 0_3300-012 7-5-,4- PILOT KNOB RD 0.50 _ 0.00 0.50 0.106 $2,308.68 $2,308.68 $0.00
10-03300-013-75 4875 PILOT KNOB RD 0.5 0.00 0._50 0.106 $2,308.68 $2,308.68 $0.00
10-_03400 011-50 4871 PILOT KNOB RD 0.50 0.23 0.00 0.27 0.106 $1,246.69 $1,246.69 $0.00
10-03400-012-50 4875 PILOT KNOB RD 0.5 0.21 0.00 0.29 0.106 _ $1,339.03 $1,339.03 $0.00
10 03400-020-50 Steeplechase Development 2.63 1.19 0.00 1.44 0.106 $6,649.00 $6,649.00 $0.00
10-03400-050-29 4865 PILOT KNOB RD 4.62 0.57 0.00 4.05 0.106 $18,700.31 $18,700.31 $0.00
Total City Parcels to Jensen Lake $190,974.01 $190,974.01 $0.00
Final Assessment Roll Summary
PARK PARCEL TOTALS
Total Park Parcels to McDonough Lake $1,461,071.22
Total Park Parcels to Jensen Lake $13,828.99
Grand Total--Park $1,474,900.22
CITY OF EAGAN PARCEL TOTALS
Total City Parcels to McDonough Lake $986,406.62
Total City Parcels to Jensen Lake $190,974.01
Grand Total--City $1,177,380.63
TOTAL PARK AND CITY PARCELS $2,652,280.84
G:\Project and Contract Information\900's\0905 - Lebanon Hills Regional Pk\Final Assess Info\Final Assessments Rev 4-16-09
CITY PROJECT NO 905R
FINAL ASSESSMENT
NEIGHBORHOOD MEETING
LEBANON HILLS REGIONAL PARK/LONG ACRES
TRUNK STORM SEWER IMPROVEMENTS
THURSDAY, APRIL 16, 2009
4:30 P.M.
CONFERENCE ROOM 1A/B
Attendance: Russ Matthys, City Engineer, 7 residents representing 5 properties (see attached sign-in
sheet).
A. Presentation of Project Details & Special Assessment Process
• Matthys welcomed the residents and provided project details, including a summary of
construction, costs, and definitions of lateral and trunk utility improvements. He also
provided information regarding the special assessment process, detailing the steps property
owners must take to protect their rights regarding assessment objections and appeals, as well
as requests for deferments.
B. Questions/ Comments
1 My property doesn't drain to the street or a catch basin. Why do I have to pay? Trunk
assessments were calculated over the entire City to address the construction of the overall
storm sewer system to properly address drainage for the entire City for flood protection,
directing most drainage to the Minnesota River valley. While drainage on your property
may not reach the storm sewer system for many rain or snow melt events, it likely impacts
downstream areas with portions of it reaching the storm sewer system in more significant
storm events. You are also benefitted by the drainage and flood protection provided by the
City's storm sewer within the City streets and County highways.
2 Why are we being assessed? Not everyone in our neighborhood is being assessed.
(4575 Oak Pond Road & 709 Navoo Lane) City staff will verify. Previous public
improvements in neighborhoods may not have included trunk storm sewer assessments for all
properties. All impacted property owners will be notified about the status of the trunk storm
sewer assessments prior to the public hearing. (Property owners were not assessed for the
Storm Sewer Trunk as part of the previous public improvements and have been notified
accordingly.)
3 How would an assessment deferment impact the sale of my property? Typically,
assessments that are deferred are due upon the sale of the property. There is a 30 year
statuatory maximum for deferments (City Attorney recommends 29 years for maximum) and
typically deferments (City ordinance allows Senior deferments at age 65) are approved with
interest accruing during the deferment.
The meeting adjourned at 5:30 p.m.
A call was received by staff from a person who was not able to attend the meeting. The property
owner expressed concern about the timing of the assessment in relations to income taxes being
due on April 15 and property taxes being due on May 15.
G:Proj-Cons/ 905R/Final Assess/Minutes
NEIGHBORHOOD MEETING
Lebanon Hills Regional Park/ Long Acres
c City Project 905
City o Eap Thursday, April 16, 2009
4:30 p.m.
NAME ADDRESS
1.
2.
3. 42
9S
4. R
Lai
6. 1~~~S~ 79kaa~
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
1?7
G:\Project and Contract Information\900's\0905 - Lebanon Hills Regional Pk\Sign in Sheet 04-16-09.doc
RECEIVED
April 17, 2009
Mayor & City Council Members APR 17 2OU9
3830 Pilot Knob road EAGAN
Eagan, MN 55122 ENGINEERING DEPARTMENT
Attn: Russ Matthys, P.E.
Re: Storm Sewer Improvement Assessment Objection
Property Assessed 10-44350-140-00
Owners: Russell & Lois Agrimson
Dear Mr. Matthys:
On April 8`s, 2009 we received a letter indicating an assessment of $6,279.61 is being placed on the above
listed property.
That parcel of property has no impact/ bearing at all for run off of water; related to this Trunk Sewer
Assessment/Improvement.
The parcel is, in fact, a large deep ravine & receives run off from adjacent properties. It is usually dry most
of the year.
We understand our options available for protest of this assessment & appreciate this hearing of our appeal
by the Eagan City Council. The possibility of an Appeal to District Court &/or a Senior Deferment are
options we will have to seriously consider; if the Council is unable to waive this assessment or decrease the
assessment levied to this parcel.
On April 7`s our Lakewood Hills Homeowners Association met for our semi annual meeting. One of our
members indicated that he had been to Eagan City Hall requesting an update on the Storm Sewer
Improvement Project. He was told the initial assessment meeting would be held on June 7th
We look forward to attending the City Council Meeting on April 21'` & to the consideration given to our
objection.
Sincerely yours;
Russell & Lois Agrimson
894 Lakewood Hills Road
Eagan, MN 55123
LA/la
lJl~
April 16, 2009
City of Eagan Evan Shadduck
c/o Maria Petersen, City Clerk 1286 Carriage Hills Drive
3830 Pilot Knob Road Eagan, MN 55123
Eagan, MN 55122
Regarding: property 10-03400-010-54
Dear Sirs,
A special assessment of $4,617.6 has been proposed to be levied on our
property. This assessment relates to the Lebanon Hills Regional Park / Long
Acres Storm Sewer Improvements - Project 905R.
My understanding is that "assessments may not exceed benefits." Quoting from
Minnesota Statutes 2008, Chapter 103D, Section 901, Subd. 4:
An assessment may not be levied against property or corporations
benefited under this chapter in excess of the amount of benefits received
as set by the order of the managers authorizing the or implementation of
the project or subsequently determined on appeal.
We hereby appeal the proposed assessment of $4,617.60 on two basis:
1. The property does not benefit in any way from the project and does not
qualify for any assessment.
2. If it may be demonstrated that the property does benefit, it is
inconceivable that it benefits by the amount of the proposed levy.
I look forward to hearing from you as to the date set for appeal hearing .
Sincerely,
Evan Shadduck
(p
TO: Mayor and City Council
City of Eagan
3830 Pilot Knob Road
Eagan MN 55122
FROM: Wayne Schwanz, Superintendent of Utilities
DATE: April 17, 2009
SUBJECT: 4900 Dodd Road
Dear Mayor and Council,
I am the owner of the property located at 4900 Dodd Road, Eagan Minnesota 55123, identified
as PIN #10-69000-010-01 that was included as part of the Project 905R.
I am hereby requesting deferment of said assessment for Project 905R on the property for 15
years or until said property is sold.
Thank you for your consideration of my request.
Sincerely,
Wayne Schwanz
4900 Dodd Road
Eagan MN 55123
70
Agenda Memo
April 21, 2009
Regular City Council Meeting
VI. ORGANIZATIONAL BUSINESS
A. Advisory Commission Appointments
ACTION TO BE CONSIDERED:
Appoint members to the City Council's Advisory Commission, with terms beginning in May
2009
FACTS:
• Per the Council's direction, Advisory Commissions appointments are made in April or early May
of each year.
• Advertising for the Commission vacancies takes place year-round, with an emphasis in
recruitment from January - March.
• There were 35 applicants this year. Of those 35 applicants, 34 were able to attend their
scheduled interview with the City Council on April 13 and 14.
• As a reminder, the City Council took formal action in March 2007 to change the length of
Commission terms from 3-year to 2-year terms.
• The City Council will be asked to vote via ballots to fill the vacancies for the lengths of
Commission terms -2 years, and 1 year alternate terms, (WMO - 1 3-year term and 1 3-year
alternate term).
• Per the Council's Guidelines for Commission Appointment Policy, in the event of a stalemate
after three rounds of voting on a specific Commission appointment, the Mayor shall have the
authority to make the appointment of the specific term that resulted in the stalemate.
• The new Commissioners appointed tonight will be invited to participate in a new commission
member orientation with their commission staff liaison. Orientation packets will also be
provided to new Commissioners. The orientation is an opportunity for the Commissioners to
learn about the role of the advisory commissioners, and it is also a chance for the new members
to meet with their commission's staff liaison for more detailed information about the workings of
their specific commission.
• The City Council has copies of all the applications, which were included in the binder that was
distributed prior to the applicant's interviews.
• Rather than duplicating all of the applications, the Council is asked to bring their interview
binders to the April 21 City Council meeting
ATTACHMENTS:
• Enclosed on page is a summary of the number of openings that exist on each advisory
commission.
• Enclosed on page is a REVISED summary of applicants' commission preferences based on the
choices voiced durin the interviews.
• Enclosed on pages _ and is a copy of the ballots that will be used at the meeting. _IT 7l
COMMISSION VACANCIES
AIRPORT RELATIONS COMMISSION
2- Year Terms 1-Year Alternate Term
1. 1.
2.
3.
4.
PLANNING COMMISSION
2- Year Terms 1-Year Alternate Term
1. 1.
2.
3.
4.
PARKS AND RECREATION COMMISSION
2- Year Terms 1-Year Alternate Term
1. 1.
2.
3.
4.
WMO
3- Year Term 3-Year Alternate Term
1. 1.
2009 ADVISORY COMMISSION APPLICANTS' PREFERENCE
ARC APC APrC WMO
Beth Prouty* 1 2
Curtis Aljets* 1 2 3
Steve Beseke* 1 2
Paul Pekarek 1 3 2
Marge Pierce 1
Tom Schreiber 1
Luke Olson 1 X X X
Jeff Eckerle 1 2
Charles Thorkildson 1 2
Dave Sniadak 1
Daniel Johnson 1 X
Nelson Mark Filipi* 1
Nadim Zoberi* 1
Steve Chavez* 1
Monica Foss 1 2
Braden Rogness 3 X 1 2 X X
Theodore Daley 3 X 1 2 X X
Mike Supina 1
Daniel Piper 1
Douglas Johnson 1 X X
Thomas Henderson 2 X 1 3 X X
Douglas Carolus x X 1* X
Steve Hawley X 1 X
Brian Lauer X 1 X
Andrew Jansma 2 X 1 3 X
Kathleen Micheletti (no show) 1 2
Laurie Halverson* 1
Dorothy Peterson* 1
Bruce Goff* 2 1
Phil Belfiori* 1
Michael Palmer 2 X 1
Karen Bodin 4 X 2 X 1 3X
Rebecca Aanning X 2 1 X
Douglas Kniech*
Wane Sames* 1
*Incumbent on a City Advisory Commission
Blue indicates interest in appointment to a possible future commission
X indicates willingness to serve on other commission(s) (per interview)
*Douglas Carlous changed his first choice from APC to APrC
13
2 -Year Terms Initials
ADVISORY COMMISSION BALLOT
NAME ARC APC APrC
Beth Prouty
Curtis Aljets
Steve Beseke
Paul Pekarek
Marge Pierce
Tom Schreiber
Luke Olson
Jeff Eckerle
Charles Thorkildson
Dave Sniakak
Daniel Johnson
Nelson Mark Filipi
Nadim Zoberi
Steve Chavez
Monica Foss
Braden Rogness
Theodore Daley
Mike Supina
Daniel Piper
Douglas Johnson
Thomas Henderson
Douglas Carolus
Steve Hawley
Brian Lauer
Andrew Jansma
Kathleen Micheletti
Laurie Halverson
Dorothy Peterson
Bruce Goff
Phil Belfiori
Michael Palmer
Karen Bodin
Rebecca Aanning
bold = incumbent
Openings APC APrC ARC
3 - year terms
2 - year terms 4 4 4
1 -year alternate terms 1 1 1
Total # of openings 5 5 5
4
1 Year Alternate Terms Initials
ADVISORY COMMISSION BALLOT
NAME ARC APC APrC
Beth Prouty
Curtis Aljets
Steve Beseke
Paul Pekarek
Marge Pierce
Tom Schreiber
Luke Olson
Jeff Eckerle
Charles Thorkildson
Dave Sniakak
Daniel Johnson
Nelson Mark Filipi
Nadim Zoberi
Steve Chavez
Monica Foss
Braden Rogness
Theodore Daley
Mike Supina
Daniel Piper
Douglas Johnson
Thomas Henderson
Douglas Carolus
Steve Hawley
Brian Lauer
Andrew Jansma
Kathleen Micheletti
Laurie Halverson
Dorothy Peterson
Bruce Goff
Phil Belfiori
Michael Palmer
Karen Bodin
Rebecca Aanning
bold = incumbent
Openings APC APrC ARC
3 - year terms
2 - year terms 4 4 4
1 -year alternate terms 1 1 1
Total # of openings 5 5 5
3 Year Term Initials
WMO BALLOT
NAME WMO
Luke Olson
Braden Rogness
Theodore Daley
Douglas Johnson
Thomas Henderson
Douglas Carolus
Karen Bodin
Rebecca Aanning
Douglas Kniech
Wayne Sames
bold = incumbent
Openings - WMO
1 3-year term
1 3-year alternate term
3 Year Term Alternate Initials
WMO BALLOT
NAME WMO
Luke Olson
Braden Rogness
Theodore Daley
Douglas Johnson
Thomas Henderson
Douglas Carolus
Karen Bodin
Rebecca Aanning
Douglas Kniech
Wayne Sames
bold = incumbent
Openings - WMO
1 3-year term
1 3-year alternate term
I
Agenda Information Memo
April 21, 2009 Eagan City Council
VII. OLD BUSINESS
A. CONDITIONAL USE PERMIT - LINDER'S
ACTION TO BE CONSIDERED:
To approve (or direct Findings of Fact for Denial) a Conditional Use Permit to allow a temporary
greenhouse for seasonal outdoor sales at the Kowalski's store located at 1646 Diffley Road, legally
described as Lot 4, Block 1, Diffley Plaza, subject to the conditions listed in the APC minutes.
REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers Present
FACTS:
? The Linder's greenhouse application was tabled by the City Council on April 7, 2009 so
that the Applicant could revise the proposed greenhouse location.
? The revised proposal would utilize nine parking stalls with a total area of 3,300 sq. ft.
and be located in the NW corner of the parking lot. The proposed location is
approximately 200 feet from the southern property line.
? Linder's is proposing a temporary greenhouse for seasonal outdoor sales.
? The proposed greenhouse is 1,260 sq. ft. (21' x 60'), within an enclosed 4,180 sq. ft. patio.
? The garden center is proposed to be enclosed with a four-foot split-rail fence.
? The garden center is proposed on the western edge of the parking lot within 85 feet from the
residential zoned properties to the south.
? The proposed operation is from April 15th to July 15th, annually.
? The proposed hours of operation are 8:00 a.m. - 8:00 p.m., daily.
? Seasonal sales standards are satisfied except for the setback to residential zoned property.
? The Advisory Planning Commission held a public hearing on March 24, 2009 and
recommended approval of the Conditional Use Permit.
ISSUES:
? Due to the revised location, the conditions of approval have been revised.
? Two residents spoke at the Public Hearing stating concerns with the appearance, location and
additional traffic that may occur with the proposed use.
? The APC added condition number 10; that the garden center must be located outside the 100
foot residential setback.
120 DAY AGENCY ACTION DEADLINE: June 18, 2009
ATTACHMENTS (4):
Draft March 24, 2009 APC Minutes, pages through
Modified Site Plan dated April 13, 2009, on page
Modified Floor Plan dated April 14, 2009, on page
Revised Conditions of Approval, page4~3 through
-is
Advisory Planning Commission
March 24, 2009
Page 3 of 7
B. Linder's
Applicant Name: Linder's Greenhouses Inc
Location: 1646 Diffley Road; Lot 4, Block 1, Diffley Plaza
Application: Conditional Use Permit
A Conditional Use Permit to allow a temporary greenhouse for seasonal outdoor sales.
File Number: 28-CU-01-02-09
Planner Thomas introduced this item and highlighted the information presented in the City Staff
report dated March 18, 2009. She noted the background and history.
Vice Chair Chavez opened the public hearing.
Dave Berg, 4287 Gadwall Court discussed the past zoning ie area of his neighborhood and
stated objection to the proposal. He stated Kowlaski's promisee an "up-scale" development and
a temporary green house proposal was far from up-scale.
Terry Sowinski, 1845 Deer Hills Trail stated objection to the proposal and the in-line retail center
under construction to the west due to increased traffic and expressed concern with the traffic
patterns in the area.
Mr. Berg also suggested problematic traffic,, in the area. He stated traffic on Johnny Cake Ridge
Road exceeds the expected amount
There being no further public comment, Vice , ChairChaez closed the public hearing and turned
the discussion back to the Commission. .
There was discussion on the split.rail fence and" he desire to keep outdoor sale items within the
designated area.
There was discussion regarding the placement of the structure outside of the 100-foot
residential setback requirement and was addressed with an additional condition.
Member Heaney moved, Member Zoberi seconded a motion to recommend approval of a
Conditional Use Permit toallow a temporary greenhouse for seasonal outdoor sales on
property located at 1646 Diffley Road, legally described as Lot 4, Block 1, Diffley Plaza, in the
NW ' of Section 28, subject to'the following conditions as amended:
1 This Conditional .Use Permit shall be recorded at Dakota County within 90 days of approval
by the City Council, and proof of recording submitted to the City.
2. The seasonal sales shall be allowed between mid April and mid July each year, but not to
exceed 90 consecutive days.
3. All structures shall be removed by July 20th each year.
4. A Building Permit is required each year prior to construction of the greenhouse.
5. Only one seasonal sale or outdoor event shall occur at one time subject to City Ordinances.
6. The site, including the storage of carts, shall be kept in a neat and orderly manner and the
display of items shall be contained within the fenced area and shall not interfere with
pedestrian safety, vehicular movement, emergency access and existing business activities.
7. The outdoor storage shall be limited to the storage of the items, quantities and locations set
forth on the Floor Plan dated March 4, 2009. The sale of landscape materials is prohibited
(i.e. landscape rock, modular brick, etc.).
9
Advisory Planning Commission
March 24, 2009
Page 4 of 7
8. Hours of operation shall be between the hours of 8:00 a.m. and 8:00 p.m. seven days a
week.
9. Signage shall be subject to City Sign Code requirements; up to three temporary signs, but
shall not exceed a total area of 25 square feet
10. The structure shall be outside the 100-foot residential setback.
A vote was taken. All voted in favor. Motion carried: 6-0.
Following the vote, Vice Chair Chavez explained to the audience that the City Code contains
standards for Seasonal Outdoor Sale proposals such as this and that the Advisory Planning
Commission is required to review and act on proposals based on whether`or not there is
compliance with the standards.
APR 0
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SITE PLAN
Eagan - Kowalski's Market
Floor Plan Service
15' 60' Counter
15
F.E. - Aft
Annual Flats
20' 21 + Container Garden
& Tropical plants 22'
Annual Flats
o S ecialty ual^
OQ Fire Extinguisher (2)
D
z Shopping carts
35' Perennials Nursery
25'
Soils&M clI
m
m
601 12' High Greenhouse
Scale: 3/32" = l'
0
41~ City of Eaftali 9a
To: Mike Ridley, City Planner
From: Sarah Thomas, Planner
Date: April 15, 2009
Subject: Linder's - Revised Conditions of Approval
ACTION TO BE CONSIDERED
To recommend approval of a Conditional Use Permit for seasonal outdoor sales to
allow a temporary greenhouse for seasonal outdoor sales on property located at 1646
Diffley Road, legally described as Lot 4, Block 1, Diffley Plaza, in the NW 1/4 of Section
28. If approved, the following conditions should apply:
1. This Conditional Use Permit shall be recorded at Dakota County within 90 days
of approval by the City Council, and proof of recording submitted to the City.
2. The seasonal sales shall be allowed between mid April and mid July each year,
but not to exceed 90 consecutive days.
3. All structures shall be removed by July 20th each year.
4. A Building Permit is required each year prior to construction of the greenhouse.
5. Only one seasonal sale or outdoor event shall occur at one time subject to City
Ordinances.
6. The site, including the storage of carts, shall be kept in a neat and orderly manner
and the display of items shall be contained within the fenced area and shall not
interfere with pedestrian safety, vehicular movement, emergency access and
existing business activities.
7. The outdoor storage shall be limited to the storage of the items, quantities and
locations set forth on the Floor Plan dated April 14, 2009. The sale of landscape
materials is prohibited (i.e. landscape rock, modular brick, etc.).
8. Hours of operation shall be between the hours of 8:00 a.m. and 8:00 p.m. seven
days a week.
~?3
9. Signage shall be subject to City Sign Code requirements; up to three temporary
signs, but shall not exceed a total area of 25 square feet.
10. The structure shall be outside the 100 foot residential setback.
11. The seasonal sales shall occur in the northwest area of the parking lot as
identified on the Site Plan dated April 13, 2009.
12. To maintain necessary fire lanes, the Applicant shall place temporary no
parking signage along the private drive in accordance with Chapter 10.40
Subd.5
13. The no parking signs shall be in place during the entire seasonal outdoor sale
period located, at a minimum, the distance adjacent to the sale area.
Agenda Information Memo
April 21, 2009 Eagan City Council Meeting
VIII. NEW BUSINESS
A. ORDINANCE AMENDMENT - CITY OF EAGAN
ACTION TO BE CONSIDERED:
To approve an Ordinance Amendment to Chapter 11, specifically as it relates to non-
conforming uses and direct the City Attorney to publish the amendment in the Legal
Newspaper.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
? Periodically, the City needs to update City Code Sections due to action taken by the
State Legislature. State Law supersedes local ordinances when they are in conflict
with one another.
? The State Legislature has expanded the "continuance rights" of legal
nonconformities to include repair, replacement, restoration, or improvement, but not
expansion. Also, the Legislature created an exemption to the 50% market value
damage rule if a building permit to repair/replace is applied for within 180 days of
the property damage.
? At their regular meeting of February 17, 2009, the City Council directed staff to
initiate this amendment process.
? The APC held a Public Hearing on March 24, 2009 and they are recommending
approval of the amendment.
ATTACHMENTS: (3)
Draft March 24, 2009 APC minutes on agdlp
Staff report on pages oughl .
Draft Ordinance on pages C through
Advisory Planning Commission
March 24, 2009
Page 5 of 7
C. Non-conforming Uses
Applicant Name: City of Eagan
Application: Ordinance Amendment
An Ordinance Amendment to Chapter 11 regarding non-conforming uses.
File Number: 01-OR-02-02-09
City Planner Ridley introduced this item and highlighted the information presented in the City
Staff report dated March 13, 2009. He noted the background and history.
Vice Chair Chavez opened the public hearing.
There being no public comment, Vice Chair Chavez closed the public hearing and turned the
discussion back to the Commission.
Member Dugan inquired about the process that brought about this change
City Attorney Bob Bauer explained changes in state statute that mandate changes to-the
ordinance.
Member Zoberi moved, Member Heaney seconded a mottolto recommend approval of an
Ordinance Amendment to Chapter 11 tQ modify the Nonconforming Structure and Use Section
of the City Code. A vote was taken. All voted in favor. Motion carried-..6 0 .
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: March 13, 2009 CASE: 01-OR-02-02-09
APPLICANT: City of Eagan HEARING DATE: March 24, 2009
PROPERTY OWNER: N/A PREPARED BY: Michael J. Ridley, AICP
REQUEST: Ordinance Amendment
LOCATION: City-wide
COMPREHENSIVE PLAN: N/A
ZONING: N/A
SUMMARY OF REOUEST
The City of Eagan is requesting approval of an Ordinance Amendment to Chapter 11,
specifically as it relates to Legally Existing Non-Conforming Uses/Structures.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.40, Subdivision 5 states, in part:
1. The provisions of this chapter may be amended by the majority vote of the council, except
that amendments changing the boundaries of any district or changing the regulations of any
district may only be made by an affirmative vote of two-thirds of all members of the council.
BACKGROUND/HISTORY
Periodically, the City needs to update City Code Sections due to action taken by the State
Legislature. State Law supersedes local ordinances when they are in conflict with one another.
At their regular meeting of February 17, 2009, the City Council directed staff to initiate this
amendment process.
Legal nonconformities are those that were legal when the Zoning Ordinance or amendment was
adopted. Legal nonconformities generally have a statutory right to continue.
I
Planning Report - Ordinance Amendment
March 24, 2009
Page 2
EXISTING CONDITIONS
The existing Eagan City Code states that nonconforming structures and uses are to be eliminated
in time due to obsolescence, exhaustion or destruction so as to insure uniform use of and within
the Zoning Districts established in Chapter 11.
To that end, alteration or enlargement of a nonconforming use or structure is not allowed
although routine maintenance is permitted. In addition, whenever a lawful nonconforming
structure sustains damage of fifty percent or more of its fair market value it may only be rebuilt in
conformance with City standards. Further, the ordinance states that a nonconforming structure or
use shall be deemed abandoned and must thereafter be discontinued when any nonconforming
structure is not used or any nonconforming use is discontinued for a period greater than one year
for any reason.
EVALUATION OF REQUEST
The State Legislature has expanded the "continuance rights" of legal nonconformities to include
repair, replacement, restoration, or improvement, but not expansion. Also, the Legislature
created an exemption to the 50% market value damage rule if a building permit to repair/replace
is applied for within 180 days of the property damage.
SUMMARY/CONCLUSION
While not imperative, the City Code should be updated when necessary to achieve consistency
with State law.
ACTION TO BE CONSIDERED
To recommend approval of an Ordinance Amendment to Chapter 11 to modify the
Nonconforming Structure and Use Section of the City Code.
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY
CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY
AMENDING SECTION 11.50, REGARDING NONCONFORMING STRUCTURES AND
USES; 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 11, is hereby amended by changing Section 11.50,
Subd. 9 to read as follows:
Subd. 9. Nonconforming structures and uses.
A. Policy. It is the policy of the city that nonconforming structures and nonconforming
uses in time be eliminated due to obsolescence, exhaustion or destruction so as to
insure a uniform use of and within the districts established within this chapter.
B. Expansion of use. The expansion of any existing nonconforming use shall not be
permitted, and no land shall be used by any person or in any manner which is not in
conformity with this chapter.
C. Alteration or enlargement of structure. Except as provided herein, no nonconforming
structures shall be erected, converted, enlarged, re onstructed, altered, or changed in
any manner which is not in conformity with this subdivision ehapter-. No structure
shall be erected, converted, enlarged, reconstructed, altered, or changed in any manner
upon any land upon which a nonconforming use is conducted.
D. Maintenance and repair. Routine maintenance and repair may be made to a
nonconforming structure or any structure upon land upon which a nonconforming use
is conducted, provided the repairs are nonstructural in nature.
E. Whenever a lawful non-conforming structure shall have been damaged by fire, flood,
explosion, earthquake, tornado, war, riot, or act of God, it may be reconstructed and
used as before it if a building permit for reconstruction is applied for within 180 days
of the property damage occurring. If a building permit is not applied for within 180
dam property damage and it is ° nstraeted within 12 months after s eh event,
unless the damage to the building or structure is 50 percent or more of its fair market
value as shown on the assessor's records at the time of damage in which case the
whole thereof shall be for a use in accordance with the provisions of this Code.
F. Abandonment. Any nonconforming structure of nonconforming use shall be deemed
abandoned and thereafter shall be discontinued, when any nonconforming structure is
not used or any nonconforming use is discontinued for a period greater than one year
for any reason.
1
l
G. Variance. No provision hereunder shall preclude a request of a variance, as governed
by this chapter, for the erection or reconstruction of a nonconforming structure. This
provision does not apply to any nonconforming uses.
H. Scope of application. The provisions of this subdivision shall apply to all existing
nonconforming uses or structures under the provisions of the Code in effect prior to
the effected date of Ordinance No. 189 (November 17, 1994) which amended this
subdivision to read as provided herein.
ATTEST: CITY OF EAGAN
City Council
By: Maria Lynn Petersen By: Mike Maguire
Its: City Clerk Its: Mayor
Date Ordinance Adopted:
Date Ordinance Published in the Legal Newspaper:
Date of Advisory Planning Commission Hearing: March 24, 2009
2
r0
Agenda Information Memo
April 21, 2009 Eagan City Council Meeting
B. ORDINANCE AMENDMENT - CITY OF EAGAN
ACTION TO BE CONSIDERED:
To approve an Ordinance Amendment to Chapter 11, specifically as it relates to
building material finish standards and direct the City Attorney to publish the amendment
in the Legal Newspaper.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
? The City adopted building material finish standards in 2006 and application of the
standards has been successful; however, certain idiosyncrasies are typically
discovered when any new standard is rolled out, and staff has kept track and noted
areas that needed attention.
? In applying the standards, staff also had received input from architects relative to
comparable materials and applications of various materials and technologies that
hadn't been known or considered when the initial ordinance was created.
? This amendment is intended to maintain the original intent of the ordinance (having
exterior materials of buildings in commercial and industrial zones exhibit an
attractive appearance via durable, quality finishes) yet being responsive to
technological advances in applications and practical concerns raised by several
architects that have worked with the design standards. Planning staff also had
Building Inspections review the potential updates.
? At their regular meeting of March 3, 2009, the City Council directed staff to process
this amendment through the Public Hearing process.
? The APC held a Public Hearing on March 24, 2009 and they are recommending
approval of the amendment.
ATTACHMENTS: (3)
Draft March 24, 2009 APC minutes n age
Staff report on pages93 through
through
Draft Ordinance on pages
6t
Advisory Planning Commission
March 24, 2009
Page 6 of 7
D. Exterior Building Materials
Applicant Name: City of Eagan
Application: Ordinance Amendment
An Ordinance Amendment for exterior building materials.
File Number: 01-OR-03-02-09
City Planner Ridley introduced this item and highlighted the information presented in the City
Staff report dated March 18, 2009. He noted the background and history.
Vice Chair Chavez opened the public hearing.
There being no public comment, Vice Chair Chavez closed the public hearing and turned the
discussion back to the Commission.
There was specific discussion on canopy design and general discussion regarding the purpose
of the update.
Member Zoberi moved, Member Heaney seconded a motion to recommend appr val of an
Ordinance Amendment to Chapter 11, Sect. 11.70, Subd 21 to modify the build(g material
finish standards ordinance.
A vote was taken. All voted in favor. Motion carried, 6-0.
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: March 18, 2009 CASE: 01-OR-03-02-09
APPLICANT: City of Eagan HEARING DATE: March 24, 2009
PROPERTY OWNER: N/A PREPARED BY: Michael J. Ridley, AICP
REQUEST: Ordinance Amendment
LOCATION: City-wide
COMPREHENSIVE PLAN: N/A
ZONING: N/A
SUMMARY OF REQUEST
The City of Eagan is requesting approval of an Ordinance Amendment to Chapter 11, Section
11.70, Subd. 21, specifically as it relates to building material finish standards.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.40, Subdivision 5 states, in part:
1. The provisions of this chapter may be amended by the majority vote of the council, except
that amendments changing the boundaries of any district or changing the regulations of any
district may only be made by an affirmative vote of two-thirds of all members of the council.
BACKGROUND/HISTORY
The City adopted building material finish standards in 2006 and application of those standards
has been successful; however, consistent with applying any new ordinance standard,
idiosyncrasies are discovered and staff has kept track and noted areas that needed attention.
Additionally, staff sought input from several architects that have done work in Eagan and worked
with Building Inspections to review potential updates.
At their regular meeting of March 3, 2009, the City Council directed staff to process this
amendment through the Public Hearing process.
Planning Report - Ordinance Amendment
March 24, 2009
Page 2
EXISTING CONDITIONS
The goal of the standards is to have the exterior building materials be attractive in appearance,
durable and compatible with adjacent structures and consistent with the City standards for the
district in which it is located. The ordinance enumerates allowed materials and the percentages
of those materials that can make up the building facade.
In applying the standards, staff has had input from architects relative to comparable materials and
applications of various materials and technologies that hadn't been known or considered when
the initial ordinance was created.
EVALUATION OF REQUEST
While some of the proposed changes are merely corrections or housekeeping items, others are in
response to concerns architects had brought to staffs attention. The over-arching goal is to
create attractive, durable and quality building finishes when interpreting and applying the
standards set forth. This proposed amendment is also responsive to actual "on the ground"
circumstances encountered developers and their consultants.
SUMMARY/CONCLUSION
The goal of the building material finish standards is to have the exterior building materials of
buildings in our commercial and industrial zones to exhibit an attractive appearance via durable,
quality finishes. City staff sought input from local architects and worked with Building
Inspections to create the attached draft ordinance.
City staff believes the proposed amendment responds to feedback while still maintaining the
intent of the original ordinance.
ACTION TO BE CONSIDERED
To recommend approval of an Ordinance Amendment to Chapter 11, Sect. 11.70, Subd 21 to
modify the building material finish standards ordinance.
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY
CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY
AMENDING SECTION 11.70, REGARDING DESIGN AND CONSTRUCTION
REQUIREMENTS FOR MULTIPLE FAMILY, OFFICE, COMMERCIAL, INDUSTRIAL, AND
PUBLIC AND INSTITUTIONAL DEVELOPMENTS; 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 11, is hereby amended by changing Section
11.70, Subd. 21 to read as follows:
Subd. 21. Design and construction requirements for multiple family, office, commercial,
industrial, and public and institutional developments. The following provisions shall
apply to any new building construction in Residential Double, Townhouse and Multiple
(R-2, R-3, R-4), Limited Business (LB), Neighborhood Business (NB), General Business
(GB), Community Shopping Center (CSC), Limited Industrial (I-1), General Industrial (I-
2), Research and Development Park (RD) and Business Park (BP) zoning districts:
A. General building design requirements.
1. Design supervision by architect. Architects shall be required for the
construction of all buildings. The building plan, including site plan for
such a building, shall be certified by an architect, registered by the
state, stating that he has personally viewed the site and has designed
the building to fit the site as planned and to be harmonious with the
adjacent buildings, topography and natural surroundings and in
accordance with the purposes and objectives of this chapter. This
requirement shall not prohibit the preparation of the site plan or the
landscape plan by a professional landscape architect.
2. Exterior vertical surface design. All exterior vertical surfaces shall be
treated as a f ant and have an equally attractive or the same finish.
3. Design of gafages and aeeesser-y stfuetur-es. garages and ether-
aersesser-y building shall have a design and appear-anee that will not
t, t ffafn the main building(s).
4. Any building facade exceeding 40 (80 feet in I-1/I-2) feet in width
shall be designed with multiple planes, multiple sections of
coordinating materials, or both, to add visual interest every 40 (80)
feet.
5. The ground level of any three-story or taller structure shall be visually
distinct from the upper stories.
B. Specific building design requirements.
as
I
1. Storage space in multiple dwellings. A minimum of 150 cubic feet of
storage shall be provided within the multiple-dwelling building for
each dwelling unit, exclusive of storage space provided within each
dwelling unit. In townhouse units only, this storage space may be
provided in a garage serving the unit.
2. RD business rv"1 standards. The ef 1l:..
ir-requirements shall
mscrr
apply in Business Park (BP) zoning districts.,
a.
eeessoi`;.
r cty, s Aeeessefy structures, eithef attached
detachedffr-em the primary structure, shall be 4 t C
identicalmaterials, style, quality and appeafanee,--a&-the
~trueture.
b: 2. Canopies and awnings. The design of canopies shall be in
keeping with the overall building design in terms of location,
size (scale), and form eeler. No eatiepies with visible wall
hangers shall be permitted Signage on Y-lbe
substituted fer- allewed building signage and shad be limited to
mustbe compatible with the ever-all eeler- seheme of the
building. The area of illamina4ion shall be eensidered signage.
e. Ou~~ sterage. Outside s4er-age shall net be allowed. Long-
teen„ outdoor sing or storage of commercialtractorsand
trailers is alsoprohibited Trash, recyclable materials, and
Ott d handling equipment shall be stored within the
principal structure er- in an accessorys# ture, affac
materials . patible with the „ 1 structure.
3. Exterior Building Surface Materials.
a. Policy statement. Allnewly constructed buildings Khali be
designed to aeeemplish the geals and objeefives of the eity 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. The intent of this section is to provide a strong, dominant
architectural theme through the use of a combination of
appropriate, durable, non-degradable, and low maintenance
materials.
c. Requirements.
i. Exterior surface materials of a newly constructed
building shall be subject to the following requirements:
A. Classes of materials. Exterior building materials
shall be divided into Class I, Class II, Class III,
Class IV and Class V categories as follows:
r
Class I
'Clay-based masonry units, brick (integrally
colored)
-Natural stone
•Glass/ Spandrel Glass
•Architectural metal panels which cover a
wall (e. g. copper panels, composite metal
panels
•Other comparable or superior materials (as
approved by the City Council)
Class II
'Specialty concrete block such as textured,
burnished block or rock faced block
•Masonry stucco
•Manufactured stone provided it replicates
the appearance of natural stone, not concrete
block
•Other comparable or superior materials (as
approved by City Council)
Class III
'Extvi-ivrr tallation s5 `em (EFIS)
c frtrr~h rr rrr.T000ricrcxvii .
-Exterior Insulation and Finish Systems
EIFS
.Architecturally precast textured concrete
panels
-Opaque panels
-Glass block
-Ornamental metal as an accent to the
building
•Cement based and architectural products
(e.g. Quik-Brik and HardieBoard)
-Other comparable or superior materials (as
approved by City Council)
Class IV
'Smooth concrete block
3
•Smooth scored concrete block
-Smooth concrete tip up panels
-Ceramic
-Glass block
-Wood
-Other comparable or superior materials (as
approved by City Council)
Class V
•Steel, sheet or corrugated aluminum, or
iron provided it is coated or anodized with a
non-reflective, glare-free finish).
-Any other material not within the standards
set forth in paragraph b.i.
B. New constructed buildings shall incorporate the
classes of materials as follows:
(1) Buildings within LB, NB, CSC, RD and
BP zoning districts shall use at least tree
two Class I materials and the building must
be composed finished with at least 65
percent Class I materials, not more than 35
percent Class II or Class III materials, and
not more than ten LUO percent Class IV
materials.
(2) Buildings within GB, I-1 and 1-2, BP
zoning districts and located 800 feet or less
from a county, state or federal right-of-way
shall use at least two different Class I or
Class II materials and the building must
compose of be finished with at least 65
percent Class I or Class II, not more than
35 percent of Class III and Class IV
materials; in no case shall Class IV
materials exceed ten (10) percent.
(3) Buildings within I-l, 1-2 or GB zoning
districts and located more than 800 feet
from a county, state or federal right-of-way
shall comply with the following:
a. No less than 75 per-eent of the exterie-,
exposed walls of ° :,ly constructed
building shall be . nstructed of a vertical
finish made e eneeustible,=non
l9
q
construction material, inuludin nom
meted to, face br-ic'natufal stone;
synthetic stucco, comparable material
yvit) units, the
have been integrally treated with an
smeeth, painted de r°tive eone.
rote or- leasttwiee-Such buildings shall utilize
at least 75% Class I, Class II or Class III
materials. Buildings shall be constructed
of a vertical finish made of
noncombustible, non-degradable, and
low maintenance construction material.
b. Twentypercentor less of the
exterior, expos walls of any newly
structed building may be nstructed
of any of the f llowing m terials: metal
cluding but not limited to steel, sheet o
;
plain eenerete Week; of any at
material not within the standards Set f rth
in pafagraph b.i. Any metal sur-faee of
siding asper fitted hereinshallhe
,
. No more than twenty-
five (25) percent of the finish of the
exterior, exposed walls of any newly
constructed building may be finished
with Class IV and V materials.
(44 Any building f ^ade e eeding 40 feet in
widthn.shall tee designed with Ttip-le
planes, multiple seetions of eeer-dinati*g
m ter-ial., or- both, to add visual interest
e:d. Expansion or enlargement of metal-sided buildings.
i. 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
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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. 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,
nonconforming metal building, whichever is greater,
the provisions governing nonconforming structures or
uses in this chapter shall govern.
ii. For purpose of this subsection, 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, and the expansion is less than
10,000 square feet and 50% in size by total square feet of the existing
nonconforming building, the expansion structure to the existing,
nonconforming structure shall be constructed of compatible material and
color to the existing, nonconforming structure.
ATTEST: CITY OF EAGAN
City Council
By: Maria Lynn Petersen By: Mike Maguire
Its: City Clerk Its: Mayor
Date Ordinance Adopted:
Date Ordinance Published in the Legal Newspaper:
Date of Advisory Planning Commission Hearing: March 24, 2009
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