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05/05/2009 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING MAY 5, 2009 6:30 P.M. 1. ROLL CALL AND PLEDGE OF ALLEGIANCE P. 1 II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS P a A. Recognition of the Eagan Rotary Club for Donation of Fire Safety Trailer IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE MINUTES B. PERSONNEL ITEMS IC) C. APPROVE Check Registers 1 D. APPROVE Revised Minutes of the March 10, 2009 Special Council Meeting 9.1114E. APPROVE Workers Compensation Administrative Services Agreement with Berkley Risk Administrators Company, LLC PAV F. ACCEPT $1000 Donation from the Eagan Rotary Club G. ACCEPT Donation of Fire Safety Trailer from Eagan Rotary Club P31 H. APPROVE Contract with Bossardt Corporation for the Construction Management Services for the Fire Safety Campus I. APPROVE Extension of the Preliminary Subdivision of The National Bank J. Removed K. APPROVE the Final Plat of Christ Lutheran t 39 L. DIRECT Staff to prepare an Ordinance Amendment Relative to Temporary Outdoor Events -f -14D M. PROCLAIM May 17 - 23 as National Public Works Week Pl N. APPROVE Extension of Easement and Assessment Agreement (Cedarvale Business Center) 06 O. AUTHORIZE Plans & Specifications for Contract 09-08 (City-Wide Trails & Sidewalks) PP. APPROVE Tobacco License for Rheata Donatell, Lone Oak Store, LLC, 1286 Lone Oak Road V. PUBLIC HEARINGS 7 A. VARIANCE - Blueberry Circle - Jamie Meilahn - A 7' Variance to the front yard setback from right-of-way for a covered porch located at 4158 Blueberry Circle on Lot 16, Block 7, Hilltop Estates in the NW %4 of Section 22. s9 B. PROJECT 952, Final Assessment Hearing (Boulder Lakes - Street and Utility Improvements) C. PROJECT 951, Final Assessment Hearing (South Dodd Road - Sanitary Sewer Improvements) FP_.,-7D. CERTIFICATION of Delinquent False Alarm Bills .gq E. CERTIFICATION of Delinquent Weed Cutting Bills P. q I F. CERTIFICATION of Delinquent Utility Bills VI. OLD BUSINESS VII. NEW BUSINESS IRA. CONDITIONAL USE PERMIT - Reliable Property Services - A Conditional Use Permit to allow outdoor storage of equipment and landscape material located at 3245 Terminal Drive on Lot 2, Block 1, DG Welding 15` Addition in the SE %4 of Section 08. JB. CONDITIONAL USE PERMIT and INTERIM USE PERMIT - Minnesota Montessori Accelerated Learning Center - A Conditional Use Permit to allow a daycare in a (NB) Neighborhood Business District and an Interim Use Permit to allow an offsite playground for the property located at 4130 Blackhawk Road on Lot 1 and 2, Block 1, Blackhawk Plaza in the SE %4 of Section 20. VIII. LEGISLATIVE I INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY (There are no items at this time) X. ADMINISTRATIVE AGENDA XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIII. ADJOURNMENT 4b~ City of Eaali Memo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 1, 2009 SUBJECT: AGENDA INFORMATION FOR MAY 5, 2009 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the May 5, 2009 City Council agenda, the following items are in order for consideration. I Agenda Memo May 5`h, 2009 City Council Meeting RECOGNITIONS AND PRESENATIONS A. RECOGNITION OF THE EAGAN ROTARY CLUB FOR THE DONATION OF THE NEW FIRE SAFETY TRAILER ACTION TO BE CONSIDERED: Recognize the Eagan Rotary Club for their donation of the new Fire Safety Trailer. FACTS: • The Eagan Rotary Club is donating a new Fire Safety Trailer valued at $50,000 to the City of Eagan. • The President of the Eagan Rotary Club, Beth Sawicki will be in attendance to formally donate the Fire Safety Trailer to the City Council. • The trailer will be on display outside of City Hall starting at 6pm for public display and any media inquires. • Members from the Eagan Rotary Club and the Fire Department will be on hand to celebrate this donation. • The Fire Departments top two mission statements are Fire Prevention and Public Education. This trailer will greatly enhance our mission. Agenda Information Memo May 5, 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 21, 2009 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the April 21, 2009 regular City Council meeting are enclosed on pages 4 through 3 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota April 21, 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 21, 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 City Administrator Hedges noted that there would be a closed session to discuss the Salberg website issue. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS FRIENDS OF THE FARM VOLUNTEERS Maynard Ohm, Norm Peterson and Joel Klein were recognized for their volunteer hours at Holz Farm. CONSENT AGENDA Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the April 7, 2009 regular City Council meeting and the minutes of the April 13 and April 14, 2009 Special City Council meetings as presented. B. Personnel Items. C. It was recommended to ratify check registers dated April 2, 2009, and April 9, 2009 as presented. D. It was recommended to approve a Tree Maintenance Contractor License for Northway Tree Service, 26621 Woodcrest Circle, Elko, MN E. It was recommended to authorize the preparation of plans and specifications by SEH, Inc. for Contract 09-16 (Yankee Doodle Reservoir - Reconditioning). F. It was recommended to schedule a Public Hearing for Project 858 (Sibley Terminal Industrial Park - Storm Sewer Improvement) to be held on May 19, 2009. G. It was recommended to approve plans and specifications for Contract 09-12 (Diffley Road and 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. H. It was recommended to 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. I. It was recommended to approve Change Order #1 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. J. Pulled for discussion and separate action. Approved an exception to City Code Section 10.37 allowing an extension of the construction work hours for TMI Coatings, under City Contract 08-07 I City Council Minutes April 21, 2009 Page 2 (Safari and Lexington / Diffley Reservoirs - Repainting) to include Sundays (Sunday hours are 10:00 a.m. to 5:00 p.m.) and 24 hour operation, otherwise, of a diesel generator from April 27 to May 22. APPROVED: FIELDS - TILLEY 5-0 Aye: 5 Nay: 0 K. It was recommended to receive a petition and authorize the preparation of a Feasibility Report by the City Engineer for Project 1016 (Ames Crossing Road - Street and Utility Improvements). L. It was recommended 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 Highway 3 in the SE % of Section 36. M. It was recommended to 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. N. It was recommended to approve a contract for architectural services related to design of a fire safety campus. 0. It was recommended to approve a temporary on-sale liquor license for the Twin Cities Good Time Softball League. P. It was recommended to approve the designation of "Minimum Maintenance Road" for Towerview Road (East End). Q. It was recommended to approve a Joint Powers Agreement with Dakota County to receive equipment funding through the United States Department of Justice. PUBLIC HEARINGS VARIANCE - ROBERT AND RENATE OWEN City Administrator Hedges introduced this item regarding a variance to exceed the maximum 20 percent lot coverage by 5 percent for a house addition on Quartz Lane. City Planner Ridley gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing and 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'/< of Section 30. Aye: 5 Nay: 0 PROJECT 905R, LEBANON HILLS REGIONAL PARK / LONG ACRES STORM SEWER IMPROVEMENTS City Administrator Hedges introduced this item regarding the Final Assessment Roll for the storm sewer improvements at Lebanon Hills Regional Park and Long Acres. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Eight property owners spoke regarding proposed assessments. Their comments included the following; little or no runoff from their property, objection to the amount being assessed, requests for deferment of the assessments, and financial hardship due to the current state of the economy. Staff addressed the issues raised by the residents and Councilmembers held a discussion. It was agreed that a blanket deferment would be offered to all property owners being assessed for Project 905R. Staff will mail information and agreements for deferments to property owners within the next 10 days. The agreements must be executed and submitted to the City within 30 days. City Council Minutes April 21, 2009 Page 3 Councilmember Tilley moved, Councilmember Fields seconded a motion to 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. Ayes: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to offer a blanket deferment to the assessments for Project 905R for up to ten years, or until sale or development of the property, with accruing interest subject to a written agreement submitted within 30 days. Aye: 5 Nay: 0 ORGANIZATIONAL BUSINESS ADVISORY COMMISSION APPOINTMENTS The City Council, by paper ballot appointed the following members to the City Council's Advisory Commissions, with terms beginning in May 2009. Airports Relations Commission 2-Year Terms Curtis Aljets Steve Beseke Charles Thorkildson Daniel Johnson 1-Year Alternate Term Luke Olson Advisory Planning Commission 2-Year Terms Nelson Mark Filipi Steve Chavez Theodore Daley Mike Supina 1-Year Alternate Term Daniel Piper Advisory Parks and Recreation Commission 2-Year Terms Laurie Halverson Bruce Goff Phil Belfiori Rebecca Aanning 1-Year Alternate Term Michael Palmer Gun Club Lake WMO 3-Year Term Wayne Sames 3-Year Alternate Term Douglas Kniech Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the appointments to the advisory commissions as listed. Aye: 5 Nay: 0 (0 City Council Minutes April 21, 2009 Page 4 OLD 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. He noted that the item had been continued from the April 7 meeting to allow the applicant time to revise the proposed greenhouse location. City Planner Ridley reviewed the revised site plan. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve 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 following conditions: Aye: 5 Nay: 0 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.). 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. 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. NEW BUSINESS ORDINANCE AMENDMENT - CITY OF EAGAN City Administrator Hedges introduced this item regarding an ordinance amendment to Chapter 11 regarding non-conforming uses. City Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Fields seconded a motion 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. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - CITY OF EAGAN City Administrator Hedges introduced this item regarding an ordinance amendment to Chapter 11 regarding building material finish standards. City Planner Ridley gave a staff report. 7 City Council Minutes April 21, 2009 Page 5 Councilmember Fields moved, Councilmember Hansen seconded a motion 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. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges provided an update regarding pending TIF legislation. ADMINISTRATIVE AGENDA City Administrator Hedges discussed a proposed City Council retreat. Mayor Maguire moved, Councilmember Hansen seconded a motion to set a City Council retreat for April 28, 2009 at 5:30 at Moonshine Park. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Bakken seconded a motion to adjourn the meeting at 9:50 p.m. Date Administrative Secretary / Deputy Clerk c) Agenda Information Memo May 5, 2009 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Water Resources Intern-- ACTION TO BE CONSIDERED: To approve the hiring of Michael Griffin as a Water Resources Intern. Item 2. Seasonal Landscape Crew Laborers- ACTION TO BE CONSIDERED: To approve the hiring of Catherine Shields, Sarah Kleckner, Joe Wollan, Jenny Piskor, Sarah Schwanz, Derek Rothschiller and Eric Holmay as seasonal landscape crew laborers. Item 3. Seasonal Tree Inspector- ACTION TO BE CONSIDERED: To approve the hiring of Stella Collier as a seasonal tree inspector. Item 4. Seasonal Forestry Tech-- ACTION TO BE CONSIDERED: To approve the hiring of Ryan Marks as a seasonal forestry tech. Item 5. Seasonal Street Maintenance Worker-- ACTION TO BE CONSIDERED: To approve the hiring of Leon Werner as a seasonal street maintenance worker. 7 Agenda Information Memo May 5, 2009 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated April 16, 2009 and April 23, 2009 as presented. ATTACHMENTS: • Check registers dated April 16, 2009 and April 23, 2009 are enclosed without page number. !O Agenda Memo May 5, 2009 City Council Meeting CONSENT AGENDA: D. Revision to March 10, 2009 Special City Council Minutes ACTION TO BE CONSIDERED: Approve the minutes of the March 10, 2009 Special City Council meeting as revised. FACTS: • The City Council approved the minutes of the March 10, 2009 Special City Council meeting at their April 7, 2009 meeting. • Since that time, staff revised the minutes on page 3 to better define the budget adjustments discussion specifically in regard to the Police Department. ATTACHMENTS: • Revised page 3 of the March 10, 2009 Special City Council meeting is attached as page 3 • The changes are reflected on the original page 3 which is attached as page 11 Special City Council Minutes March 10, 2009 Page 3 2. Lack of affordable housing in the first phase. Mayor Maguire pointed out that the city's target goal was 20% of the units within the area. The Developer indicated that the financing that is currently available for apartment development requires market level rents to cash flow. He stated that financing programs that underwrite affordable rental units are not available in the current market. 3. Extent of gray field in the proposed layout. The Mayor noted that the plan at concept level appears to have a substantial amount of parking and hard surface area and asked that the developer look for ways to implement low impact development strategies on the project. 4. Lack of detail regarding pedestrian connectedness around and among the buildings within the development. Director Hohenstein indicated that pedestrian connections and walkable streetscapes are required by the zoning district and it would be necessary to show those at a greater level of detail once development applications are prepared. Mayor Maguire inquired about available financing for the project. Director Hohenstein discussed the financing perspective of Phase I. Hohenstein discussed the need to perform additional pro-forma analysis to determine the financial feasibility of the Phase I development. Councilmember Bakken raised concerns about the long term TIF district viability if a Phase I were not to move forward. The Mayor stated that the council, while maintaining they had concerns, is excited about the prospect of the first phase and is eager to move forward with the concept and take the first step in the redevelopment process. City council indicated that it supported the process to move forward and that the Phase I plan could be brought to the next city council meeting for formal action. VI. DISCUSSION REGARDING 2009 BUDGET ADJUSTMENTS AND 2010 & 2011 BUDGETING City administrator Hedges introduced the item and provided a background on the budget over the next two years. He indicated that one of the council's goals was to maintain the city's fiscally responsible budgeting approach. Administrator Hedges further stated that the council was moving from a goal setting scenario to a workshop scenario where they will start implementing their goal by creating a prudent budget in the face of revenue changes. The city council dialogued about possible options to cut expenditures. Administrator Hedges talked about two vacancies currently open in the police department. Mr. Hedges added, due to the economic state, he and the police chief previously discussed not hiring/funding the positions which will become a savings in the 2009 budget. Police Chief McDonald and City Administrator Hedges entertained council questions regarding COPS funding through the United States Department of Justice. If the city was successful in obtaining a COPS grant to fund the positions, the COPS Office would fund each position for three years. Afterwards, the city would become responsible for the sworn officer's wages and benefits. Additionally, further retirements that occur would not have to be filled therefore becoming a possibility for an expenditure cut. ea Special City Council Minutes March 10, 2009 Page 3 City council okayed the process to move forward and that the Phase I plan could be brought to the next city council meeting. VI. DISCUSSION REGARDING 2009 BUDGET ADJUSTMENTS AND 2010 & 2011 BUDGETING City administrator Hedges introduced the item and provided a background on the budget over the next two years. He indicated that one of the council's goals was to maintain the city's fiscally responsible budgeting approach. Administrator Hedges further stated that the council was moving from a goal setting scenario to a workshop scenario where they will start implementing their goal by creating a prudent budget in the face of revenue changes. The city council dialogued about possible options if the need arises to cut expenditures. Administrator Hedges talked about two the peliee vacancies (2) that are currently eoeuRing open in Eagan the police department. Mr. Hedges added, due to the economic state, he and the police chief previously discussed not hiring/funding the positions which will become a savings in the 2009 budget. Police Chief McDonald and City Administrator Hedges entertained council questions regarding COPS funding through the United States Department of Justice. Thesetwo If the city was successful in obtaining a COPS grant to fund the positions, the COPS Office would fund each position for three years. Afterwards, the city would become responsible for the sworn officer's wages and benefits. However-, eff Additionally, further retirements that occur would not have to be filled therefore becoming a possibility for an expenditure cut. City administrator Hedges welcomed the City's primary labor attorney, John Roszak, to talk about wages, contracts, and law issues. Attorney Roszak fielded questions from the city council concerning wage contracts with city employees and offered advice on what can and can't be done in regards to contracts. City council reiterated the need to move forward by working on the current budget while keeping the fiscally responsible budget goal in mind. VII. MVTA UPDATE/GENERAL DISCUSSION Mayor Maguire introduced the item and asked City Attorney Dougherty to provide a background of the MVTA joint powers agreement and the bylaws associated with the transit authority. City council discussed the possible need to review the joint powers agreement/bylaws and decide if changes may be desired. VII. OTHER BUSINESS None to be heard. V. ADJOURNMENT l3 Agenda Information Memo May 5, 2009 Eagan City Council Meeting E. APPROVE WORKERS COMPENSATION ADMINISTRATIVE SERVICES AGREEMENT WITH BERKLEY RISK ADMINISTRATORS COMPANY, LLC ACTION TO BE CONSIDERED: To approve the Workers Compensation Services Agreement with Berkley Risk Administrators Company, LLC. FACTS: • By this agreement, the City is engages Berkley Risk Administrators Company, LLC to provide administrative services for the City's self- insured workers compensation program. • While administration is turned over to Berkley, the City retains the right to instruct Berkley to assert or not assert any subrogation claim; the right to obtain any and all records; the right to oversee claims processing, if the City desires; receive regular reports as to activity and payments; the mutual right to terminate the contract on 90 days' notice without cause; the mutual right of indemnification; the right to request additional services and the right to continue the agreement annually, unless otherwise terminated by the City or Berkley. • The Agreement continues in place existing practices with the City and Berkley and also provides clarity to the terms of the agreement and pricing. • The City Attorney's Office reviewed the Agreement and reached mutual understanding with Berkley on the provisions as now presented. The City Attorney's Office thereby approves the Agreement as to form. ATTACHMENTS: • Enclosed on pages through c 7 is a copy of the Administrative Services Agreement. ADMINISTRATIVE SERVICES AGREEMENT Between BERKLEY RISK ADMINISTRATORS COMPANY, LLC 222 South Ninth Street Minneapolis, MN 55402-3332 And CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN 55122-1897 THIS ADMINISTRATIVE SERVICES AGREEMENT (hereinafter referred to as "Agreement") is made in Minnesota by and between City of Eagan (hereinafter referred to as "Self- Insured and Berkley Risk Administrators Company, LLC (hereinafter referred to as "TPA") and is effective January 1, 2009. WHEREAS, Self-Insured desires TPA to provide certain administrative services in connection with Self-Insured's self-insured workers' compensation program (hereinafter referred to as "Program"); and WHEREAS, TPA desires to provide Self-Insured such services upon the terms and conditions stated herein. NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the parties agree as follows: ARTICLE I. DUTIES OF THE TPA 1.01 General. Unless otherwise agreed to in writing, TPA will provide the services described in this Agreement, for so long as this agreement is not terminated or allowed to lapse, relevant to Self-Insured's workers' compensation Program (hereinafter referred to as "Program") for the fees set forth herein. In the event Self-Insured requests TPA to provide services that differ materially from those described in this Agreement, the additional cost of such services and out-of-pocket expenses will be paid by Self- Insured at TPA's negotiated rates. 1.02 Claims Processing. TPA will process or arrange for the processing of workers' compensation claims for Self-Insured. Claims will be handled in accordance with TPA's Guidelines - Lost Time Claims Handling Requirements which are incorporated herein by reference. A. Unless otherwise instructed by Self-Insured, TPA will conduct an investigation as it deems necessary and appropriate for any loss in order to determine compensability. If Self-Insured believes in good faith that additional investigation is necessary, Self-Insured may instruct TPA to do such further investigation. / 1 B. Benefits will be determined by the TPA in accordance with the terms and conditions of the Program and the workers' compensation laws, rules and regulations of the State of Minnesota. C. TPA will cause payment to occur as required for all medical, indemnity and allocated loss adjustment expenses from an account established and funded by Self-Insured. The account is at a bank chosen by Self-Insured. Self-Insured will replenish this account based on the amount of payments made. Self-Insured will receive a monthly check register itemizing payments out of this account. Allocated loss adjustment expenses are the responsibility of Self-Insured, are separate from the fees paid to the TPA and include, but are not limited to, legal services and defense costs, independent medical evaluations, photocopy and medical reports, police reports, surveillance, court reporter fees, copies of depositions, expert witness fees, rehabilitation services, field adjusting work and managed care. 1.03 Litigation Management. TPA will coordinate all legal services for the defense of all claims made against Self-Insured for workers' compensation benefits. TPA will establish individual case reserves as it deems appropriate. 1.04 Subrogation. TPA will itself or through the use of outside legal counsel evaluate potential subrogation rights of the Self-Insured and will assert those rights that it believes are likely to yield a benefit to Self-Insured. Notwithstanding any judgment made by the TPA about whether to pursue a subrogation claim, Self-Insured reserves the right to instruct the TPA to assert or not assert any meritorious claim. 1.05 Records. TPA will maintain reasonable records relating to its responsibilities under this Agreement. In the event of the termination of this Agreement, TPA will provide Self-Insured with copies of records in TPA's possession relating to the Program and necessary for the continued operation of the Program. All records maintained by either party relating to the Program will be kept for at least six (6) years after the date the records were created or any applicable period required by law, whichever is longer. 1.06 Loss Prevention and Education. The cost for loss control services is not included in the general administrative fee as noted in Article H. TPA will offer loss control services to Self-Insured to assist in loss prevention efforts. Loss control services are available for a per hour fee, or may be bid on a per project basis. Specific services may be available in the form of on-site visits, or via the telephone, facsimile or the internet. Loss control services may consist of, but are not limited to, the following: A. Safety surveys B. Job hazard analysis C. Noise surveys D. Indoor air quality complaint investigations E. Supervisor/employees safety training F. Accident investigation 1.07 Reports. Computer-generated reports currently available from TPA's system are included in the above annual fees. If any customized reports that require programming are requested by Self-Insured, Self-Insured will be charged additional hourly fees based on the time required to create and generate such reports. Computer generated reports currently available include: 2 /4 A. TPA will provide Self-Insured with a monthly report itemizing all claims processed by TPA during the preceding month, including reports giving the status of losses, payments to date, estimated reserve amounts and other details relating to losses for purposes of Self-Insured's loss analysis. TPA will provide a monthly detailed report showing all payments made from Self-Insured's claims account. B. TPA will provide the Minnesota Special Compensation Fund with all required reports, showing all payments made from Self-Insured's claims account. TPA will also provide all required Status and Loss Reports to the Minnesota Department of Commerce. C. TPA will also provide any other required reports to the Minnesota Special Compensation Fund, the Minnesota Workers' Compensation Reinsurance Association, or to any other governmental or regulatory body, such as the Minnesota Department of Labor and Industry, having jurisdiction over workers' compensation matters in Minnesota. ARTICLE H. DUTIES OF SELF-INSURED 2.01 Fee. A. Self-Insured will pay TPA an estimated annual service fee of $24,379.00 for the initial contract year of 1/1/09 to 12/31/09. The estimated annual service fee may be adjusted in subsequent years based on the actual audited fee of the prior contract year. This annual service fee is made up of the fees outlined in Appendix I of this agreement. B. The fees as noted in Appendix 1 will be increased at the beginning of each subsequent contract year, following the conclusion of the initial Term stated in Section 3.01, at a rate of three (3) percent per year. C. An invoice for the service fee will be sent by the 10`h day of each month based upon 1/12th of Self-Insured's estimated annual fee. D. The estimated annual service fee is an estimate only, and is subject to audit at the end of each contract year. The annual fee that the Self-Insured will pay TPA shall never be less than $24,379.00. E. The fees outlined in this section are for the life of the contract, not to exceed three (3) years from the date of injury and with no run-off service obligation. Any claim that is open in excess of three (3) years will be charged an additional fee at the beginning of each new contract year, as outlined in Appendix 1. F. Computer-generated reports currently available from TPA's system are included in the above annual fees. If Self-Insured requests any customized reports, which require programming, Self-Insured will be charged additional programming fees based on the time required to create, generate and maintain such reports. 3 2.02 Change in Service Fee. If TPA's performance under this Agreement is made materially more burdensome or expensive due to a change in federal, state or local laws, rules or regulations during the term of this Agreement, the parties will negotiate an appropriate adjustment to the fee paid to TPA. If the parties cannot agree on an adjusted fee within ninety (90) days after TPA sends written notice to Self- Insured of the material change and its wish to negotiate an adjusted fee, then TPA or Self-Insured may terminate this Agreement upon ninety (90) days written notice. 2.03 Maintenance of Account. Self-Insured agrees to keep sufficient funds available in the account used to pay claims and expenses of the Program. Self-Insured also agrees to perform the bank reconciliations for the account. 2.04 Communications with TPA: Self-Insured agrees to give TPA prompt notice of claims, to forward all necessary and relevant information and to respond to requests for information or requests for authority in a prompt manner. 2.05 Legal Advice: Self-Insured understands and acknowledges that TPA does not provide legal advice. ARTICLE III. TERM AND TERMINATION 3.01 Term. This Agreement is effective from January 1, 2009 to December 31, 2009. This Agreement will then automatically renew for a one-year term at the conclusion of the initial period, and annually thereafter, unless terminated by either party at the end of the term or earlier terminated in accordance with this Article III. During the initial term or any period of extension, either party may terminate this Agreement with or without cause by giving a ninety-(90) day notice of intent to terminate. 3.02 Early Termination by Either Party. During the term of this Agreement or any period of extension, either party may terminate this Agreement for material breach of one or more provisions of this Agreement by giving written notice stating the reason or reasons for termination. Unless the breaching party fully cures its breach within thirty (30) days from receipt of the written notice, this Agreement will automatically terminate. This Agreement will terminate at the option and mutual agreement of the parties upon the execution of an agreement signed by both parties. 3.03 TPA'S Exclusive Right of Early Termination. TPA may exclusively terminate this Agreement at any time for Self-Insured's non-payment of fees due and owing TPA under this Agreement, by giving written notice of default in payment to Self-Insured. Unless Self-Insured fully cures its breach of payment terms within thirty (30) days from the date of the notice of default, this Agreement will automatically terminate. In the event this Agreement terminates by Self-Insured's failure to cure any payment default, Self-Insured remains liable to TPA for all fees due and owing to TPA up to and including the effective date of termination. 3.04 Termination by Government Action. This Agreement will terminate upon the effective date of any applicable federal, state or local law, rule or regulation, which nullifies or invalidates any of the services or provisions of this Agreement. 3.05 Procedures on Termination. In the event of termination of this Agreement for any cause or no cause at all, all obligations of the TPA to Self-Insured under Section I will cease. TPA will be paid, as provided in Section 2.01, to the last day of the month services are rendered. No further payment of fees from Self-Insured to TPA will be required. TPA will render a final accounting of Self-Insured's claims account and return all of Self-Insured's claims and financial or other records in the possession of TPA. TPA will not be financially responsible for and will not administer any claims existing at the time of f4 termination. TPA will make all records available for Self-Insured to pick up at TPA's location. Self- Insured will be responsible for any costs associated with the delivery of records to Self-Insured's location. 3.06 Run-Off Provisions. Should Self-Insured request that TPA continue to handle claims occurring prior to termination, TPA may do so for an additional fee to be negotiated. ARTICLE 1V. LAWS, RULES AND REGULATIONS 4.01 Performance of TPA'S Services. TPA will perform its services and conduct itself pursuant to this Agreement in such a manner so as to abide by all applicable federal, state and local laws, rules and regulations. 4.02 License Approvals. TPA will obtain and maintain any licenses or regulatory approvals necessary for it to perform its services under this Agreement. 4.03 Governing Law. This Agreement will be governed by the laws of the State of Minnesota. ARTICLE V. INDEMNIFICATION AND INSURANCE 5.01 Self-Insured's Duty of Indemnification. Self-Insured agrees to defend, indemnify and hold harmless the TPA, its officers, directors, agents, affiliates and employees with respect to any and all claims, damages, judgments, liabilities or expenses, including reasonable attorneys' fees, asserted against, imposed upon or incurred by the TPA in the performance of services pursuant to this Agreement or that otherwise arise out of or concern: (i) the acts or omissions, including negligence, of Self-Insured or Self-Insured's officers, directors, agents or employees in connection with the discharge of any of Self- Insured's officers', directors, agents' or employees' responsibilities under this Contract or (ii) from TPA's compliance with instructions of Self-Insured. Self-Insured will have no obligation to defend, hold harmless and indemnify TPA and TPA's officers, directors, employees and agents against any and all claims, liabilities, damages, judgments or expenses, including reasonable attorneys' fees, asserted against, imposed upon or incurred by TPA caused by the negligence, criminal conduct or fraud of TPA or TPA's officers, directors, employees or agents. Self- Insured agrees to notify TPA, in writing of any threatened or actual lawsuit against Self-Insured or TPA. This provision shall survive the termination or expiration of this Agreement. 5.02 TPA's Duty of Indemnification: TPA agrees to defend, indemnify, and hold harmless the Self-Insured, its officers, directors, agents, affiliates and employees with respect to any and all claims, damages, judgments, liabilities or expenses, including reasonable attorneys' fees, asserted against, imposed upon or incurred by the Self-Insured caused by the negligence of TPA, or TPA's officers, directors, agents or employees in connection with the discharge of any of TPA's officers', directors', agents' or employees' responsibilities under this Contract. TPA will have no obligation to defend, hold harmless and indemnify Self-Insured and Self-Insured's officers, directors, employees and agents against any and all claims, liabilities, damages, judgments or expenses, including reasonable attorneys' fees, asserted against, imposed upon or incurred by Self- Insured caused by the negligence, criminal conduct or fraud of Self-Insured or Self-Insured's officers, directors, employees or agents. TPA agrees to notify Self-Insured in writing of any threatened or actual 5 /Q/ lawsuit against TPA or Self-Insured and this provision shall survive the termination or expiration of this Agreement. This provision shall survive the termination or expiration of this Agreement. 5.03 Insurance and Insurance Terms. To protect itself as well as Self-Insured, TPA agrees that it will at all times during the term of this Agreement have and keep in force insurance which is usual and customary for companies providing similar services in the same geographic area. TPA also agrees to purchase and maintain a fidelity bond for its employees in the amount of $5,000,000.00. TPA agrees to provide Self-Insured with evidence that such insurance is in force. 5.04 Limitation of Damages: Except as may be required under the indemnification provisions, TPA and Self-Insured agree that in no event will one be liable to the other for punitive damages, lost profits or other consequential or incidental damages that arise out of or relate to any breach of this Agreement whether framed as a contract or tort claim. It is further understood and agreed that TPA is not a guarantor of the financial viability of the Program. ARTICLE VI. CONFIDENTIALITY 6.01 Confidential Information. TPA and Self-Insured each have obligations to safeguard non- public, personal information under federal and state privacy laws and regulations. Each party hereto agrees to comply with these laws and represents and warrants that it will not take action that will violate these laws or cause the other party to be in violation of such Privacy Laws. It is, however, understood and agreed that the documents containing non-public personal information are part of the claims file and, as such, are the property of Self-Insured. TPA will follow Self-Insured's instructions regarding the use or sharing of these documents. 6.02 Prohibition Against Disclosure. Except as may be authorized by a claimant or as otherwise authorized by law, the parties will not at any time, directly or indirectly, use, copy, reveal, report, memorialize, publish, duplicate, or otherwise disclose to any third party in any way whatsoever any Information designated and marked as Confidential by the other party without the prior written consent of the other party, which consent will be granted, if at all, in the sole discretion of such party. The parties will receive, maintain, and use any information designated as Confidential in the strictest of confidence and use commercially reasonable efforts keep such information strictly confidential and to prevent the unwarranted disclosure thereof. ARTICLE VII. MISCELLANEOUS 7.01 Entire Agreement. The terms and provisions contained and referenced herein constitute the entire Agreement between the parties and supersede any previous communications, representations or Agreements, either oral or written, with respect to the subject matter hereof. This Agreement may not be amended except in writing and signed by both parties. 6 4CJ 7.02 Agency. The relationship between the parties is one of independent contractor. Nothing in this Agreement will be construed or deemed to create any other relationship between the parties, including one of employment or joint venture. 7.03 Notice. All notices, certificates or other communications provided for, authorized or required under this Agreement will be sufficiently given and will be deemed given when mailed by certified or registered mail, postage prepaid, with proper address indicated below. TPA and Self-Insured may, by written notice given by each to the other, designate any address or addresses to which notices, certificates or other communications to them will be sent when required as contemplated by this Agreement. Until otherwise provided by the respective parties, all notices, certificates and communications to each of them will be addressed as follows: IF TO TPA: Kenneth R. Hopkins, COO Berkley Risk Administrators Company, LLC 222 South Ninth Street, Suite 1100 Minneapolis, MN 55402-3332 IF TO SELF-INSURED : Eugene J. Vanoverbeke City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 7.04 Regulatory Compliance. Subject to Section 2.01 of this Agreement, in the event that any federal, state or local legislative or executive body enacts or promulgates legislation or regulation affecting the obligation of the parties under this Agreement, the parties agree to amend this Agreement in order to comply with any such legislation or regulation. 7.05 No Waiver of Rights. The failure of any party to insist upon the strict observation or performance of any provision of this Agreement or to exercise any right or remedy will not impair or waive any such right or remedy. 7.06 Assignment. This Agreement shall be binding upon and inure to the benefit of the successors of each of the parties hereto, however neither this Agreement nor any rights or obligations hereunder may be assigned, delegated or transferred by either party without the prior written consent of the other party. 7.07 Counterparts. This Agreement may be executed simultaneously in two or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. 7 THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND IRREVOCABLY WAIVE THEIR RIGHT TO A TRIAL BY JURY and agree that if the foregoing binding arbitration provision is determined for any reason to be unenforceable or inapplicable to a particular dispute, then such dispute shall be decided solely by a judge (without the use of a jury) sitting in a court of competent jurisdiction. This binding arbitration and jury trial waiver provision shall survive the termination of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands as of the day of 52009. CITY OF EAGAN BERKLEY RISK ADMINISTRATORS COMPANY, LLC By: By: Mike Maguire Its: Mawr Its: By: Maria Petersen Its: City Clerk ~8 APPENDIX 1 Self-Insured will pay TPA an estimated annual service fee of $24,379.00 for the initial contract year of 1/1/09 to 12/31/09. The estimated annual service fee is an estimate only, and is subject to audit at the end of each contract year. The actual audited fee that Self-Insured will pay to TPA is based on the following fee schedule; 1) $35 for each report-only claim. 2) $175 for each medical-only claim. 3) $1250 for each indemnity claim. 4) $514/year per claim that remains open in excess of three (3) years. 5) $16,500 for general administrative services. 9 BRAC Claim Handling Guidelines Workers' Compensation: Lost Time Case This brief overview of BRAG Guidelines is for discussion purposes. Should you become our client, we will share with you our in-depth Guidelines and develop any "special client guidelines" with and for you. Task Guidelines • Claim handlers act in accordance with the highest professional standards and General Conduct adjust claims in accordance with the applicable statutes and regulations. • Claim handlers return phone calls and emails within 4 business hours and respond to written requests within 5 business days. • Claim handlers comply with the W. R. Berkley Corporation's Statement of Business Ethics, including its Conflicts of Interest policy located at htt ://brac. intranet/statement o business ethics. cfin New Claim • Assign and set up claims on the same business day received. Processing • Submit new lost time claims to an Index Bureau for a subscribing account. • Investigate coverage on all new claims and notify underwriting or regulatory Initial Handling bodies when information develops that is inconsistent with policy data. • Attempt to contact the employee, employer and the medical provider within one business day of receiving the claim. Continued until achieved. • Discuss return to work with the employer and employee during the initial contact. • Based on specific criteria, take recorded statements from the employee, employer and witnesses. • Request medical records related to the claimed work injury and any preexisting conditions that could affect the claim. • Determine compensability ASAP but no later than the statutory time requirements. If the First Report of injury is received beyond the statutory time period, pay or deny within 3 business days of receipt. • Complete the initial action plan within 20 days of receipt of the claim that identifies and addresses the major claim issues, reserves, and a plan for bringing the claim to a conclusion. • Subsequent action plans to be completed every 30 days unless indicated otherwise. • Supervisors to diary and monitor select cases for direction and control. Controls • Supervisors approve denials of liability, payments over $10,000, subrogation reductions, surveillance, attorney referrals and trials. • Supervisors review all claims that involve coverage dispute. • Any exposure over the claim handlers authority level is reviewed by the supervisor for appropriateness and direction • Home Office Technical Analysts are involved in a committee process when total exposure exceeds $100,000. • Home Office Technical Analysts diary and direct all claims meeting the serious Loss Criteria. Page 1 brac (Edition Date 11#06) BRAC Claim Handling Guidelines Workers' Compensation: Lost Time Case • Review medical bills for causation before approving payment. Medical Cost • Pay or deny medical bills within 20 days of receiving the itemized invoice Control and and the associated medical records. Vendor Payments • Apply cost control methods to discount bills to include hospital bill audits, fee schedules, usual and customary, pharmacy management, bill negotiations, etc. • Investigate all claims for potential subrogation and promptly put third Subrogation parties on notice. • Actively pursue recoveries as allowed by law. • Notify reinsurers of exposures and request reimbursements pursuant to the Reinsurance terms of the reinsurance contract. • Immediately explore return to work options in initial contacts with Disability and employee, employee and physician. Medical • Claim handler will maintain and document ongoing contact with the Management employer, employee, and physician to plan recommendations and return to work targets and goals. • Claim handlers to assign NCM or Qualified Rehabilitation Consultant based on any statutory requirement • Nurse Case Manager (NCM) is assigned immediately on catastrophic injuries or red flags. • Claim handler to consider NCM again at 6 weeks of disability. • Manage medical care consistent with approved diagnostic and treatment guidelines and protocols. • Every 30 days an action plan must reflect medical management and return to work efforts. • Obtain earnings information to accurately calculate average weekly wage Benefit Payments and disability rates. • Pay or deny benefits upon completion of investigation, but no later than within statutory time frames. • Verify disability before issuing a benefit check. • Attempt to negotiate settlements prior to referral to legal counsel. Litigation • Actively maintain control of cases referred to legal counsel. Management • Require defense firms to use legal budgets. Page 2 brac 2 (Edition Date 11//06) "Cv BRAC Claim Handling Guidelines Workers' Compensation Medical Only Cases and Lost Time Cases Not Exceeding Applicable Waiting Period Task Guidelines • Claim handlers act in accordance with the highest professional standards and General adjust claims in accordance with the applicable statutes and regulations. Conduct • Claim handlers return phone calls and emails within 4 business hours and respond to written requests within 5 business days. • Claim handlers comply with the W. R. Berkley Corporation's Statement of Business Ethics, including its Conflicts of Interest policy located at http://brac. intranet/statement of business ethics. cfin • Assign and set up claims within one business day of receipt. New Claim Processing • Investigate coverage on new claims and notify underwriting or regulatory Initial bodies when information develops that is inconsistent with policy data. Handling • Request from the injured worker the Statement of Fact, Medical Authorizations and Treatment History within 3 business days of receiving the claim. • Contact the employee and employer by phone within 3 business of the receiving the claim if o The employer believes the claim is suspicious, fraudulent or otherwise not compensable. o Questions exist as to whether the employee lost time from work. o The claim involves a significant injury to the spine, knee, shoulder, head or cumulative trauma. • Request medical records related to the claimed work injury and any preexisting conditions that could affect the claim. • A supervisor reviews claims that the employer questions to develop a course Controls of action or determine if the claim should be transferred. • A supervisor reviews and approves all primary denials of compensability before they are issued. • A supervisor reviews claims that involve coverage disputes or are open for more than 6 months. • Review medical bills for causation before approving payment. Medical Cost • Pay or deny medical bills within 20 days of receiving the itemized invoice and Control and the associated medical records. Vendor • Pay or deny all requests for medical reimbursement within 20 days of Payments receiving supporting documentation. • Apply reductions and discounts to bills from medical providers. Page 1 07/06 Edition BRAC Claim Handling Guidelines Workers' Compensation Medical Only Cases and Lost Time Cases Not Exceeding Applicable Waiting Period Task Guidelines • Investigate all claims for potential subrogation and promptly put third parties Subrogation on notice. • Actively pursue recoveries as allowed by law. • Utilize medical management options available within the jurisdiction. Medical • Manage medical care consistent with approved diagnostic and treatment Management guidelines and protocols. • Maintain action plans for claims open more than 90 days. • Set reserves based on objective findings and evidence and to the extent of the Reserving claim's ultimate exposure. • Reserve denied claims to the extent of exposure reduced by the percentage chance of prevailing at trial. • Adjust reserves within 20 days of receiving information that materially affects the ultimate exposure of the claim. • A supervisor reviews claims and approves transfer to lost time claim handlers. Transfers Criteria for transfer include: o Lost time that extends beyond the waiting period is reviewed the day BRAC receives notice of lost time. o A claim is expected to be active for 12 months, involve litigation, or a surgery. o The employee has been diagnosed with RSD, a psychological disorder or a herniated disc. o The total paid or expected to be paid on medical bills exceeds $5,000. o The injured worker receives a PPD rating. Page 2 07/06 Edition rac Agenda Information Memo May 5, 2009, Eagan City Council Meeting ROTARY CLUB DONATIONS ACTION TO BE CONSIDERED: F. Acceptance of a $1,000 donation from the Rotary Club of Eagan FACTS: • Each year the Rotary Club of Eagan presents the "Outstanding Public Safety Award" to a member of the Eagan Police Department and a member of the Eagan Fire Department in recognition of outstanding public service. • This year's award was presented on April 22nd to Police Officer Andy Speakman and Fire Commander Greg Nitti. • As part of this year's recognition, the Rotary Club has donated $1,000 that is to be divided between the Police and Fire Departments, with the request that the funds be spent for public safety equipment. NO ATTACHMENTS C~ on Agenda Memo May 5 2009 Regular City Council Meeting CONSENT AGENDA: G. APPROVE A RESOLUTION ACCEPTING DONATION FROM THE EAGAN ROTARY CLUB ACTION TO BE CONSIDERED: To approve a resolution accepting a new Fire Safety Trailer from the Eagan Rotary Club. FACTS: • The Eagan Rotary Club has offered to donate a new Fire Safety Trailer to the City of Eagan. • The trailer would replace a 1995 Fire Safety Trailer that is in need of refurbishment. • The new trailer is valued at $50,000. The Rotary Club has made a complete payment of the trailer. No cost will be incurred by the City of Eagan, except for minimal ongoing maintenance costs. • The trailer will be used at community events throughout the year to teach fire safety lessons to our community. • A thank you letter will be sent to the Eagan Rotary Club from the fire department. ATTACHMENTS: Resolution accepting donation from the Eagan Rotary Club to the City on page C~y EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on May 5th, 2009, at 6:30 p.m. The following members were present: Hansen, Bakken, Fields, Maguire, and Tilley. Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, The Eagan Rotary Club has offered to donate a Fire Safety Trailer valued at $50,000 for use by the City of Eagan Fire Department; and WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks the Eagan Rotary Club for the gracious and generous donation. ADOPTED this 5h day of May, 2009 Mike Maguire, Mayor ATTEST: Maria Petersen, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon the vote being taken thereon, the following voted in favor: and the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. go Agenda Memo May 5t" 2009 Regular City Council Meeting CONSENT AGENDA: H. APPROVE A CONTRACT FOR CONSTRUCTION MANAGER SERVICES RELATED TO THE PROPOSED FIRE SAFETY CAMPUS ACTION TO BE CONSIDERED: To APPROVE a contract with Bossardt Corporation for the construction management services for the proposed Fire Safety Campus project FACTS: • At the February 17, 2009 Council Meeting, the Council approved seeking proposals from firms for construction management services related to the design of the proposed Fire Safety Campus. • The City received proposals from a total of eleven construction management firms. • A committee made up of Fire Department and Park Department Building Maintenance staff reviewed the proposals and recommended four firms for interviews. • On April 21, 2009 the four finalists were interviewed by a panel made up of members from the Fire Department, Park's Building Engineer/Maintenance staff and a representative from SEH Architects. • The interview panel is recommending that the Council award the contract to Bossardt Corporation. • Bossardt's fee proposal was the lowest proposals among the four finalist firms. • Bossardt has extensive experience in municipal projects such as the proposed Fire Safety Campus. They were the construction managers for a recent fire station/training facility for the City of Blain and the construction managers for the regional Public Safety Training Facility in Scott County. • Bossardt's proposal includes providing construction management services for two additional optional 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. Bossardt would include these projects at no additional cost to the City of Eagan if so desired. • The designs that we are working on will not be site specific at this point. ATTACHMENTS: None Agenda Information Memo May 5, 2009, Eagan City Council Meeting 1. EXTENSION OF PRELIMINARY SUBDIVISION APRPOVAL (DIFFLEY PLAZA 2ND ADDITION) - THE NATIONAL BANK ACTION TO BE CONSIDERED: To approve a one-year extension of the Preliminary Subdivision approval for Diffley Plaza 2nd Addition, for property located at 4249 Johnny Cake Ridge Road legally described as Lot 3, Block 1, Diffley Plaza, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ? The City Council approved the Preliminary Subdivision to create three lots on May 14, 2007. ? A one year extension in May of 2008 was approved by the City Council. ? The property was transferred on April 25, 2008 to a different property owner, but due to nonpayment, THE National Bank is in the process of reassuming ownership. Until that issue is resolved and the developer has ownership of all the land encompassed by this development, the project cannot move forward. City Code states that a Preliminary Subdivision approval expires if Final Subdivision approval is not obtained within one year. ? This request would extend the approval until May 15, 2010, allowing additional time for the developer and seller to resolve their issues. ISSUES: ? The revised Draft Comprehensive plan has set forth new goals and policies "To develop a multi-modal transportation system in which autos, trucks, rail, transit, bicycles and pedestrians are adequately served and can safely co-exist.for pedestrian." Because of this, staff suggests a condition be added to the Preliminary Subdivision approval as follows: o A sidewalk for pedestrian connection shall be provided between the public sidewalk on Johnny Cake Ridge Road and Lot 4, Block 1 Diffley Plaza (Kowalski's). This sidewalk shall be covered by a private easement between this development and the property owners of Lot 4, Block 1 Diffley Plaza, in a form acceptable to the City Attorney. ATTACHMENTS (3): Location map, page? a_ Letter from THE National Bank, pag3J Map illustrating pedestrian connection, page 13a Eagan Boundary /V Parce lea Location Map Park= Building Footprint Ir .4 NOW * r r ' i , 19 ® tip; Ras Su'ect Site GeiN. NO. 30 (DIFLNYR ) _ 10 o,+d ~ ; ~ t 5 ? ~ ~4 t o CDO]COO 14* P A gas Ilk ,n,~, s t n x 40, Will d5 •~t~ ~7a¦~tie1 I n a s• 7 I 1 ? ~ L PP Mae) I 1000 0 1000 2000 Feet Development/Developer. 4249 Johnny Cake Ridge Road Application: Preliminary Subdivision / Conditional Use Permits Case No.: 28-PS-04-03-07 Map Prepared using ERSI ArcView 9.f. Parcel base map data provided N by Dakota County Office of GIS and is current as of April 2005. THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of EajaIl 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 3, 2009 Ms. Sarah Thomas Community Development Department City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Request for extension - Conditional Use Permit 4249 Johnny Cake Ridge Road, Eagan, MN Dear Ms. Thomas: On April 24, 2008, THE National Bank and Eagan Development, LLC, jointly submitted a request for extension of Conditional Use Permits and Preliminary Subdivision for the aforementioned property due to the fact that THE National Bank was closing on the sale of said property to Eagan Development, LLC on April 25th, at which time, the property was transferred to Eagan Development, LLC. THE National Bank is currently in the process of reassuming ownership of said property due to nonpayment by the interim owner. To that end, THE National Bank respectfully requests an extension of the Conditional Use Permits and encloses a $75 processing fee. Should you have any questions and/or comments with regard to this matter, do not hesitate to contact me at 563/441-3580. Respectfully, THE NATIONAL BANK Daniel L. Westrope Vice Chairman ANN T S~tvv P ~~a• q ? Z s ~ tl~1> K 1 - rya a 1 O All ~•.....:.a..... a...a......++~y...,.~.,.. ,__:y. +±y, o- i . y ~+.R~'fkr t a~ Sal t'a .ry y ! - MOW 111~" Sr , x" Planned Trail 41 Existing •Trail { ..3.:..; y ~inffiss`b:,.; . ,yY;~° .ye '.ey's' . ;Yi:. - y.. Td'. D1FFLE" PLAZA INb ADDiTIOCV Ir. • Df' dsx r y 41 Frr`~ #'}irk ;f so 34" -i - ~ • • • • • 1 1 11 /1 Agenda Information Memo May 5, 2009 City Council K. FINAL PLAT - CHRIST LUTHERAN ACTION TO BE CONSIDERED: To approve a Final Plat (Christ Lutheran) to create one lot on approximately 9 acres located at 1930 Diffley Road. REQUIRED VOTES FOR APPROVAL: Majority of Councilmembers present FACTS: ? The plat and recording of same will allow a building permit to be issued for the 90-foot telecommunications/church bell tower approved by Council on October 7, 2008. ? The unplatted property is zoned PF (Public Facility) and is adjacent to Diffley Road (CSAH 30). ? 65 feet will be dedicated as public right-of-way. ? This Final Plat is associated with the recent City Council approval of the T-Mobile cellular/bell tower. ATTACHMENTS (2): Location Map, page 7 Final Plat drawing on page Eagan Boundary Right-of-way Location Map Parcel Area Park Area Building Footprint ? e'~ 1 • • •er- a w r e ¦ mom as ? ¦ ¦ r6r%rr"I "I 1 « • 1 r a• YT11 1? -4 A e I ! 1 ' e 1 1 l ¦ ¦ I II r 1 ? % f fe t• a. Nib 4 ¦ ¦ ~ @ tam @now ® r Sub'ect Site l ¦ ® m ® s ¦ r ® flf o rr ! ? e m-r ~ +aw / 6 t9 w ? 7 m s ~ ,r w ® ® ® i4 • ~ ~ ® a ?w r ~ 47 B o. 4 ~F3 b 86MIr/~ Illrf o ; s k~r lr ® • ® ~'av ®r 1000 0 1000 2000 Feet Development/Developer. Christ Lutheran Application: Final Plat Case No.: 29-FP-01-03-09 N City of Evan THIS MAP IS INTENDED FOR REFERENCE USE ONLY w+ E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. CHRIST LUTHERAN I j; ~ ? tnntlBn rA. I cc 'i Ll II - - - - - - - - ~-j - - - - - rnlrv (-rn rr' nrn a/.r u/A non .MAfICri!?wB r9rInOI WMIRS•B rru.n ~.CVlvl .~IfIIC i1IV fll Vf7rrr~I v. ,'v ~•Br.nexr au.lBr>re wt rn. n. oa.w lKrr~~ •rarYr aaw•Mrr a r RC-0 i N . flu ®a r."'b`r .a I ,\x I ,\Y - sn?. n. w¢u r:;••, sm"rr 100534 - _ - - S I ~ ? L1 w s' err. n• wa pL~Itl COUNTY STATE AID HIGHWAY NO. 301 (DIFFLEY ROAD) --sfB7sYYt BnasD-- S i Ill W LOT 1 - t C) I Ea N RBI dal i~ , A rr, -Al rr nlr r _ . r / -r yr . nc . / •r r / -r . n v r r r/ 'r BLOCK bl 1 n 0 w 120 180 Uhl SCALE IN FEET IV- 1 , 1 5 0I . 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AIM 10. Er•gw.5 tuber Cur Ora. ° rowwlr n.r..-Arrw. ore. c.r.re% ra.rr.r o.e.wr.t wr•e Itrrer ..•Mt rv...t% ew.h erg. iM ibr YeV 1 .s •d Y w aer a w ra.dY •odw r. rod r are. 9A10 K 1y csnrrv..Ir E+•°r d..r•Y >t, m_ „Y a m0~ w _ e ase _m, M a wry- da r Bw ~A.r a r y.O. w rwgay rrrrrt .r .r.rwd.pr hr•. r.w by _ en a . mo.. h rrr~ Irw , OtS I Milwr. w d.r p r•o_ w Ory arw a e.y.r. OwMir.dbd brllr•r O.M Cvd, . 1Bwrrls w.iwl•v Mdl .1 1M r...r.w.. Bsw1Y Ibadw. Opine Cawt% YY.rrM. h . 1bP by d•Y N.rrl b Sr1M YAPo, rle.sl. w.bba M w oriel. cwd7 Brt¢rw r1a aa.sr.a w 1400_ 11ww /l.t es Yrr 4040... UrY _ rY w mw_ . Yr1er .1•.a "-tx W 6.40044 Er•°r h 154 l Tr.rr, 00.4. fawrty w.wv IIEFN Egan. FlOId & Nowak, Inc. 1•we w 0.814• .lwe• u1Y RECEIVED MAR 2 3 20U9 Agenda Information Memo May 5, 2009 Eagan City Council Meeting L. ORDINANCE AMENDMENT - CITY OF EAGAN ACTION TO BE CONSIDERED: To direct staff to initiate an Ordinance Amendment to Chapters 5, 10 and 11, specifically as it relates to Temporary Outdoor Events. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ? The City Council previously directed staff to review existing outdoor event ordinances in order to understand requirements placed on temporary events by other cities. ? Staff provided an update at a recent Listening Session and the Council directed staff to proceed with the amendment. The action above will formalize that direction. ? At this point, it appears the bulk of the amendment will reside in Chapter 10; however, references will likely be made in Chapters 5 and 11. ATTACHMENTS: None ~9 Agenda Information Memo May 5, 2009 Eagan City Council Meeting M. MAY 17-23, PUBLIC WORKS WEEK ACTION TO BE CONSIDERED: Proclaim May 17 through May 23, 2009, as Public Works Week and authorize the Mayor and City Clerk to execute all related documents. FACTS: • National Public Works Week (NPWW) provides for recognition of the tens of thousands of men and women who provide and maintain the infrastructure and public services that are the heart and essence of a functioning community. While their accomplishments are particularly noteworthy in relation to the limited manpower and financial resources available to them, recognizing this public service delivery can be educational as well. • Instituted as a public education campaign by the American Public Works Association (APWA) in 1960, NPWW calls attention to the importance of public works in community life. National Public Works Week is observed each year during the third full week of May. This annual recognition was the start of what has grown into our biannual Eagan Showcase. Many State Governors and City Councils throughout the nation historically have take time to help raise the public's awareness of and confidence in public works issues. • This proclamation of Public Works Week in Eagan expresses appreciation for the dedication and efforts spent to protect and serve the citizens of Eagan while providing the quality of life that our community has grown to expect. ATTACHMENTS: • Resolution, page 46 CITY OF EAGAN PROCLAMATION PUBLIC WORKS WEEK May 17 through May 23, 2009 City of Eaali R WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, traffic safety and water quality; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skills of all public works professionals; and NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council hereby proclaim the week of May 17 through May 23, 2009 as Public Works Week and encourages all citizens and civic organizations to acquaint themselves with the various aspects of public works service delivery and to recognize the contributions made by public works professionals every day to our health, safety, comfort, and quality of life. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 5th day of May, 2009. Maria Petersen, City Clerk 41l Agenda Information Memo May 5, 2009 Eagan City Council Meeting N. EASEMENT & ASSESSMENT AGREEMENT TRAIL & LIGHTING IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an extension of the Easement & Assessment Agreement with the owner of PIN 10-72840-011-01 (Cedarvale Business Center) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 888 provides for trail and lighting improvements along the south side of Cedar Grove Parkway, from Nicols Road to Rahn Road. • On January 17, 2006, the City Council approved Project 888 and authorized the preparation of detailed plans and specifications. • An agreement between the City of Eagan and the owner of Parcel 10-72840-011-01 (Lot 1, Block 1 Stryker Addition) had been previously approved providing for the necessary temporary easement to construct Project 888 adjacent to this property. The easement agreement included an expiration date. • Due to the delay in the development within the Cedar Grove Redevelopment Area, the progression of this project to the construction stage has also been delayed. The expiration date anticipated in the easement agreement is quickly approaching and will no longer permit the construction of the improvements included in Project 888. • The property owner has agreed to a new expiration date that will better accommodate the revised development schedule for the Cedar Grove Redevelopment Area and allow the completion of the proposed trail and lighting improvements. • Engineering staff and the City Attorney's office have reviewed the updated agreement and found it to be in order for favorable Council action. ~4 Agenda Information Memo May 5, 2009 Eagan City Council Meeting 0. CONTRACT 09-08,2009 CITY-WIDE TRAILS & SIDEWALKS ACTION TO BE CONSIDERED: Authorize the preparation of detailed plans and specifications by the City Engineer for Contract 09-08 (2009 City-wide Trail and Sidewalk Improvements). FACTS: • On June 3, 2008, the City Council approved the Public Works Department's 5-year Capital Improvement Program for Public Works Infrastructure, Part III (2009-2013), including a Trailway section, and authorized the initiation of the public improvement process for the 2009 programmed improvements. • The trail and sidewalk improvements include the installation of 1480 feet (0.28 miles) of new bituminous trails in the following locations: ¦ Blackhawk Road (Cliff - Beecher Rd) East Side (920 FT) ¦ Towerview Road (Pilot Knob Park - Pilot Knob Rd.) North Side (560 FT) • The trail and sidewalk improvements include a maintenance overlay of 19,995 feet (3.8 miles) of existing bituminous trails in the following locations: ¦ Johnny Cake Ridge Road (Cliff Rd to 735' South) East Side(735 FT) ¦ Johnny Cake Ridge Road (Apple Valley border to 2965' North) East Side(2965 FT) ¦ *Cliff Road (Ridge Cliffe Dr. - Beacon Hill Rd.) South Side (600 FT) ¦ *Cliff Road (Stonecliffe Dr. - Thomas Ln.) South Side (1660 FT) ¦ *Cliff Road (Thomas Center Dr. - Thomas Lake Rd.) North Side (930 FT) ¦ Berry Ridge Road (Pilot Knob Rd. to 1960' East) Both Sides (1960 FT) ¦ Berry Patch Park In Park (1465 FT) ¦ *Diffley Road (Lexington Way - Lexington Ave.) North Side (710 FT) ¦ *Diffley Road (Countryside Dr. - TH 3) North Side (1310 FT) ¦ Dodd Road (Cliff Rd - Atlantic Hills Dr.) East Side (2200 FT) ¦ Dodd Road (Diffley Rd - Hackmore Dr.) East Side (1200 FT) ¦ Hackmore Drive (Dodd Rd. - Hawthorne Woods) South Side (795 FT) ¦ *Lone Oak Road (Pine Ridge Dr. to 360' East of Woodlark Ln.)South Side (665 FT) ¦ Towerview Road (Woodlark Ln. to Pilot Knob Park) North Side (830 FT) ¦ *Yankee Doodle Road (Coachman Rd. - Central Pkwy.) North Side (1970 FT) • Based on this CIP schedule, it would be appropriate for the City Council to authorize the preparation of detailed plans and specifications by the engineering staff to further refine the scope and design of these proposed improvements. • *Dakota County will participate in 55% of the cost of the all trail segments adjacent to their county roads (7,845 ft/1.5 mi) in accordance with a Joint Powers Agreement. ATTACHMENTS • Location map, page f3 A B C D E F G H I J K L l-asa City of Eagan - Proposed 2009 Trail Improvements Legend rv _ tiwY Bit. Trail Overlay A - 2 is • • Bit. Trail Construction L` 3NE OAK RD Exist. Sidewalks Exist. Parktrails C. ' MX Exist. Boulevard Trails, TOWERVIEW RD j SS r z I , M' 4 Date 4/30/09 Prepared By: City of Eagan Engineering Dept, B Allen YANKEE DOODLE RD File: I : USE USERS\ENGINEERING\TRAILS 09-08.ptlf 5 Cll] of Eagan f _ <D / 6 a } ES COTT RDi W 7 1 r n I• f 1-f `n V Y"mom j Jl ' 5' ti. - r ~ 7 J• i. Y.. RIDGE RD 3 , . BERRY rr: _ r , 8 DIFFLE3'"RD. ~ _.-rte - j 1 9 L I z 11 0 CLIFF RD 1 / f I 1 0 Qj/ A B C D E F G H I J K L Agenda Memo May 5, 2009 City Council Meeting CONSENT AGENDA: P. Tobacco License for Rheata Donatell, Lone Oak Store, LLC - 1286 Lone Oak Road ACTION TO BE CONSIDERED: Approve a license to sell tobacco products for Rheata Donatell, Lone Oak Store, LLC at 1286 Lone Oak Road. FACTS: • Rheata Donatell has applied for a license to sell tobacco products at 1286 Lone Oak Road • The site was formerly operated by Twin Cities Stores as an Oasis Market. • The store will now be known as Lone Oak Market. • All requirements of the application have been met and fees paid. • A tobacco compliance check was conducted at this location on April 23 and tobacco was sold to a minor. The clerk was issued a citation and the current holder of the tobacco license, Twin Cities Stores, was issued a notice of violation with an administrative penalty of $75. • The Police Department conducted a background investigation and sees no reason to deny the application. ATTACHMENTS: None The application is available for review in the Administration Department Agenda Information Memo May 5, 2009, Eagan City Council Meeting V. PUBLIC HEARINGS A. VARIANCE - JAMIE MEILAHN (4158 BLUEBERRY CIRCLE) ACTIONS TO BE CONSIDERED: To approve a Variance of 7 feet to the required 30-foot minimum front yard setback for a front porch addition on property legally described as Lot 16, Block, 1, Hilltop Estates, located at 4158 Blueberry Circle. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ? The property is located on Blueberry Circle and contains a single-family home with a two-stall attached garage. ? The applicant proposes to upgrade the appearance of the home with a new and larger covered front porch. ? Building coverage and other yard setback requirements are satisfied. ? The applicant's stated hardship pertains to the lot being on a cul-de-sac with a curved front lot line. As such, the building setback varies along the front. ? The elevation plan indicates the proposed porch addition will result in an updated appearance of the home and a more usable front porch. ISSUES: None 60 DAY AGENCY ACTION DEADLINE: June 13, 2009 ATTACHMENTS ((2 Location Map, page Planning Report on pages~'F'~through~0 Eagan Boundary Right-of-way Location Map Park Area Area k $i=•r" Building Footprint I'oF~~/~lol'~I~aI~F~J/ - L3 ~ o ~2J lJ ® tt• 9 6 C7 0 93 o d Q ago f • ti ,o a po ° 0O p C7 a ©o ° O D ad 6 9 p o iZ ~ o ed O c d b Subject Site j D O b 9(yl. (f9 d 4 p - (Duff 130 ® a. ® 9 a~ o o a° m ar3 d i~ ~ o 0 0° o a® q ® ® Q d o ! d d9 p ° (!I go 0 ® p o Q fl ° © 39 4 4 b ® o ~ a 6~ 6 6 00 o© Q d ® ° © © . b D d ® ® cao d 6 ca P © Q c ~O 9 © o[SD o p o - 9 9 © p o ° Q © ~ L3 cd 9 0 [7 0 0 0-' ~ O p a Q. o m a 9 B 53 ~oa• ° ~ d o 0 p P © Q o ° o o o~ ~ dc~ o o o o ® 4 ©oa a a a © © d 6. 1000 0 1000 2100 Feet Development/Developer: Jamie Mielahn Application: Variance Case No.: 22-VA-04-04-09 N 1119 City Of Ea o WN E THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Gemmenity Deveiepment Department not responsible for errors or omissions. PLANNING REPORT CITY OF EAGAN REPORT DATE: April 24, 2009 CASE: 22-VA-04-04-09 APPLICANT: Jamie Meilahn HEARING DATE: May 5, 2009 PROPERTY OWNER: Same APPLICATION DATE: April 14, 2009 REQUEST: Variance PREPARED BY: Pamela Dudziak LOCATION: 4158 Blueberry Circle COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a 7' Variance to the required 30-foot front yard setback to construct a covered porch addition on the front of a single-family dwelling at 4158 Blueberry Circle, legally described as Lot 16, Block 7, Hilltop Estates, in the SW 1/4 of Section 22. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. Planning Report - Meilahn Variance May 5, 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. CODE REQUIREMENTS City Code Section 11.60, Subd. 5, E requires a 30 foot front yard setback on property zoned R-1. City Code Section 11.40, Subd. 4.D.2 states that decks, patios, balconies, stoops, or other similar features (uncovered) that do not extend more than 30 inches above grade may encroach 8 feet into a required front yard setback. BACKGROUND/HISTORY The Hilltop Estates development was platted in 1978 and this home was constructed in 1982. EXISTING CONDITIONS The existing single-family home has an attached two-stall garage. The lot is located on the cul-de- sac of Blueberry Circle. At its closest point, the house is set back 30 feet from the front property line, measured to the front corner of the home. The existing front porch measures 5' x 7'. EVALUATION OF REQUEST Proposal - The applicant proposes to replace and expand the existing front porch with a new covered front porch that extends to a depth of 7 feet (as compared to the existing 5 feet) and approximately 24 feet across the front of the home (as compared to the existing 7 feet). The applicant's intent is to "improve the home by upgrading the front porch." The front facade remodeling plan includes constructing a new larger front porch that is covered by a roof, but unenclosed. Four columns support the new roof. The roof will match the pitch and style of the existing roof on the house. Setbacks/Lot Coverage -The proposed new porch will extend 7 feet out from the house and is 24 feet wide. The corner of the new porch at its closest point will be set back 23 feet from the front property line, an encroachment of 7 feet into the required 30-foot front setback. Planning Report - Meilahn Variance May 5, 2009 Page 3 The proposed porch addition will result in an increase of 133 s.f. of building coverage. Building coverage on the 26,645 s.f. lot remains less than the maximum allowed 20% building coverage. Minimum side yard setback standards are also satisfied. 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. It does not appear as though special conditions (i.e., topography, unique lot configuration, vegetation, etc.) are present on the property. A single family dwelling with a detached two-stall garage is present on the site. The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide Plan, but may be inconsistent with the intent of the Zoning Ordinance. That is, the purpose of the building setback provision is to prevent the overcrowding of properties and to provide green space. Since the request is to reduce the yard requirement, it appears to be contrary to the intent of the ordinance. A demonstrable difficulty is required to grant relief from the minimum required front yard setback. The applicant is requesting relief from a required minimum setback to allow for the construction of a 7' x 24' open porch addition. The lot is located on a cul-de-sac and the front lot line is curved, presenting a practical difficulty for the front setback. However, this characteristic is shared by numerous lots located on cul-de-sacs elsewhere within the City. The proposed porch expansion will result in an updated architectural appearance of the home and a more usable front porch. The requested Variance appears to be a minimal request to accommodate the porch expansion. It does not appear that granting of the Variance would result in any detrimental effects to the neighboring properties or the public. Similar Variances have been granted from the required front yard setback for the construction of open porches elsewhere in the City. APPLICANT'S ESTIMATE OF HARDSHIP The applicant's stated hardship is the lot configuration because the lot is situated on the curve of a cul-de-sac. As a result, the distance of the building to the property line varies with the curve of the front property line. The proposed home improvement upgrades the existing porch by extending it the length of the home from the existing porch location toward the garage. In order to complete the upgrade, a portion of the porch will extend into the required 30-foot setback. 150 Planning Report - Meilahn Variance May 5, 2009 Page 4 SUMMARY/CONCLUSION In summary, the applicant is requesting a 7-foot Variance to the required 30-foot front yard setback to allow a covered porch addition to the house at 4158 Blueberry Circle. A single-family home with a two-stall attached garage is present on the site. The applicant has stated that the hardship is that the front lot line is curved, which creates a practical difficulty for meeting the front setback. The elevation plan indicates the proposed porch addition will result in an updated appearance of the home and a more usable front porch. Similar Variances have been granted from the required front yard setback for the construction of open porches elsewhere in the City. ACTION TO BE CONSIDERED To approve a Variance of 7 feet to the required 30-foot front yard setback for a covered porch addition to the house at 4158 Blueberry Circle, legally described as Lot 16, Block 1, Hilltop Estates, in the SW '/4 of Section 22. If approved, the following conditions should apply. 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The porch addition shall not exceed the size shown on the proposed site plan. The roof shall match the pitch and style of the existing roof on the house. 3. The addition shall comply with all other applicable Zoning Ordinance provisions. 4. A building permit must be obtained prior to construction. Eagan Boundary Right-of-way a Area Park Are Location Map O Parcel Area Building Footprint y vTJ LJ 69 o~d6~3C3~~3. ~ @ P - 4 D q4 q° O © Si, 8 © d Q p p o q c~ o Qo ° p 9. m © q pp e ® ° o ® 9Q o CCi'Q4 Ch 0 Ci ~ a d cv a ° ® Subject Site a x p p a 4 p a ^ a ®o pa® fl o © r b 4 4 t>p- qp d o a o 13 0 fl o 1 0 Q® ® o- q es ° II ® Q ® 9 0 4 Q s 0 t' a ° p® a ® o a r° m a® o° ` m a a m doo ~7 g bm ° q q a ®o.. o t1 p 6 0 a ° a o© 4 Ila 2- ® 4 p c9 6 ti Q t~ Q ® t3 0 4 p 4 d~© t3 Q 0 9 D © . ©o o C7 6 p Q © Q d 9° o°o Qo p O D o fl 6 Q 3ofl. Q m p © {9©_ ° © ° 4 d 4 d p 3 d r3 I Cit. c 1000 0 1000 2000 Feet Development/Developer: Jamie Mielahn Application: Variance Case No.: 22-VA-04-04-09 N y THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of Ea au ~`!vENDE 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. Ali! MISS nil 7 RIP V 0 INA z ~ s es. SIT W fix. + 4~L-w 0, NM, QW. Kim, 90.00' SS 87.37'37- -E io • o r~V Vl, by O O r1, L7.77 O~ J5101530 SCALE 1' 30' //y:)scg e e.°~~ ` hard 2a U Fd_1" o Ut( y 9~ Prpe .0 to ° ` ~6 Qe• • 6~° \ UtptnNnrmnUngip ! /to 6g. ~(d /0! 1. llunnnn/Hi4i 10 4k, RANDY D. ' LUETH ~ N = LANDSCAPE ' > \ ARCHITECT Fd /2" I.P. \ , 2 14776 c`o lv ; \W/ 0°P OS "~"nprmumnnnn"~~ ~'Oj,CAPE ARG '~nunmumnIfl flt•• fi I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR Blueberry REPORT WAS PREPARED BY ME OR UNDER MY DIRECT Circle SUPERVISION AND THAT I AM A DULY LICENSED LANDSCAPE ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA. Print N.-: DY b. LUET I g I Dete:~? L cone « 14776 Sheet 1 of 2 Mei/afr-K!nard/Site Phan. dwg Aug. 26, 200& SITE PLAN for Variance to Setback Public At Site Design Master Meilahn - Kinard Residence ® Recr eationlDesign 4158 Blueberry Circle, Eagan1 MN RANDY LUETH - LANDSCAPE ARCHITECT 1626 P nt Run Drive Marshfield, WI 54449 Phone: 715.207.0601 It )IMP 'PFS+~sri a• P -4G G 1 5 0 2 10 SCALE 1* = U Y Sheet 3 of 3 r?&?IaM-Kfnard,Sree Pon. dig Aug. 26,20M ign DETAIL PLAN for Variance to Setback Stto Site D Desesign Master anning ationDesign Meilahn - Kinard Residence Reoe 4158 Blueberry Circle, Eagan, MN SS MN DY LUETH - LANDSCAPE ARCHITECT Pheasant Run Drive, Marshfield, WI 54449 Phone: 715.207.0601 REUEIVEU APR 1 4 200 rv V) -Z) 06 N e 5. ¢c s jw! LLL r. CSC' 3s vl- W w J t y 4 r, J'. SOUTH ELEVATION - Porch Addition PROPOSED MeiI5h,-ICindrd/ Elev L dwg Aug, 24,20M FRONT ELEVATION for Variance ® Public Art site Design Meilahn - Kinard Residence ® w Recre~ n'aDesign 4158 Blueberry Circle, Eagan MN RANDY LUETH - LANDSCAPE ARCHITECT , 1826 Pheasant Run Drive, Marshfield, WI 54449 Phone: 715.207.08 01 t1p Summary of Request: Jamie Meilahn and Joe Kinard are requesting approval of a seven-foot front yard setback variance to construct a covered porch on the front of their single-family dwelling at 4158 Blueberry Circle, Eagan. Residence: 4158 Blueberry Circle, Eagan Project Description: We are interested in improving our home by upgrading the front porch. We would like to extend the length across the front of the house from approximately 7 feet to 24 feet. We would also need to extend the depth from approximately 5 feet to 7 feet. The proposed design is to have a non-enclosed porch with a roof, which is the same style as the existing porch. Hardship: We live on a cul-de-sac so the front property line varies along the curve which is unique to our property. Therefore, the distance to the property line from the front of our home varies. In order to complete the upgrade, a portion of the new porch would extend beyond the zoning distance. NARRATIVE RECEIVED APR It 4 2O Agenda Information Memo May 5, 2009 Eagan City Council Meeting B. PROJECT 952, BOULDER LAKES/ LONE OAK ROAD - STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 952 (Boulder Lakes/ Lone Oak Road - Street & Utility Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 952 provided for the public street & utility improvements to serve the Boulder Lakes Business Park development and the trunk water main improvements along Lone Oak Road (City Project No. 952), in northeast Eagan. • The Final Assessment Roll was presented to the City Council on April 7, 2009, with a public hearing scheduled for May 5 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessments for the properties along Lone Oak Road for the water main improvements are the same as the estimate contained in the feasibility report (Preliminary Assessment Roll - Appendix D - Revision 2) presented at the public hearing held on August 21, 2007. • The final assessments for the street & drainage improvements for the Boulder Lakes development properties are approximately 40% more than the estimate contained in the project feasibility report due to higher than anticipated construction and contract management costs. The owner and developer of the Boulder Lakes development, Interstate Partners, is aware of this and has previously signed a Waiver of Objection to all special assessments under this project. • 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 29 to address all property owners' questions or concerns and provide any additional information of interest. Of the 35 parcels (15 Commercial/ Industrial, 20 Single-Family/ Agriculture zoned and Special Area guided) being assessed, 10 persons representing 8 properties attended the meeting. ISSUES: • Letters requesting deferment of assessments for the Lone Oak Road water main improvements has been received from multiple properties along Lone Oak Road. • It is appropriate for the City Council to consider requests for deferment of assessments to any property once the Final Assessment Roll has been adopted. • Any action by the City Council that will defer the required payment of any special assessment associated with Project 952 should be done by agreement. Deferments are typically granted for a specified maximum time period with interest continuing to accrue during the time of deferment. Certification of the assessment for collection at the end of the deferment period with interest will then be spread over any remaining years available insuring the last payment will be collected no more than 30 years from the date of Council s`9 approval of the original assessment. If a property connects to the utility, the deferred assessment (with all interest accrued to date) would then be re-activated and spread over 10- 15 years at the same continuing rate of interest. The sale, transfer, subdivision of all or any part of the property, would also terminate the deferment agreement and require any remaining balance to be paid in full at that time. ATTACHMENTS: 7 • Final Assessment Report, pages through"?/ • Neighborhood Meeting Min tes, pages &L_ • Deferment Letters, pages through FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 952 Assessment: May 5, 2009 Name: Boulder Lakes/ Lone Oak Rd Project Approval Date: August 21, 2007 Street & Utility Improvements Final Feasibility Final Feasibility Rate Report Units Rate Report Units SANITARY STORM SEWER SEWER 0 Trunk -CI $2,370 $2,370 Acre 0 Trunk - CI $0.16 $0.16 S. F. 0 Lateral - CI $33.92 $33.92 F.F. 0 Lateral - CI $42.30 $42.30 F. ? Service ? Lat. Benefit/trunk WATER STREET 0 Trunk -CI $2,500 $2,500 Acre 0 C/I Street & $272.97 $177.03 F.F. Drainage 0 Trunk - SF $1,200 $1,200 Parcel 0 Lone Oak Turn $176.77 $139.53 F.F. Lanes 0 Lateral - CI $36.00 $36.00 F.F. 0 Lateral - SF $28.60 $28.60 F.F. 0 1" Service $880.00 N/A EA ? C/I Equiv. ? Driveway OTHER STREET LIGHTS ? Service Pair ? Installation ? Energy Charge Contract Number of Interest Amount City Number Parcels Terms Rate Assessed Financed 07-04 35 15 Years 6.0% $1,648,231 F.R. $187,779 F.R. $1,838,449 $371,403 (F.R. = Feasibility Report) Le' 40k~p City of Eaall NO To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: May 1, 2009 Subject: Final Assessment Roll, Project 952 Boulder Lakes Street & Utility Improvements/ Lone Oak Trunk Water Main Improvements On April 17, 2007, the City Council received a petition from the owner of the Boulder Lakes Business Park, Interstate Partners, for the construction of City streets and utilities to serve the development and the surrounding area. At the public hearing on August 21, 2007, the City Council ordered Project 952, and in accordance with the feasibility report, the following improvements were constructed: sanitary sewer, water main, storm sewer, and street improvements (--900 feet of Ames Crossing Road) for the Boulder Lakes development, and turn lane and trunk water main improvements on adjacent Lone Oak Road. At the public hearing, the City Council approved a preliminary assessment roll that called for the trunk water main improvements to be assessed to benefiting properties along Lone Oak Road at the following 2007 Fee Schedule rates: • Single-Family Homes: $28.60/ front foot & $1,200 per parcel • Commercial/ Industrial Lots: $36.00/ front foot & $2,500 per acre The current single-family parcels along Lone Oak Road within the project area are guided for commercial/ industrial uses. The differences between the single-family rates and commercial/ industrial rates will be collected in the future, at time of redevelopment of those properties. Water services were installed to 670 Lone Oak Road and 706 Lone Oak Road per agreement with those property owners. The improvements were completed under Contract 07-04. The following information was used in the preparation of the assessment roll for Project 952. PROJECT COST The construction cost includes the amount of $1,394,478.89 paid to the contractors for the construction of the improvements. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, easements and other totaling $563,603.46 were incurred resulting in an improvement and project cost of $1,958,082.35. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS COST REPORT Street - Ames Crossing Rd $272,124.70 $109,759.62 $381,884.32 $247,700 Street - Lone Oak Turn 189,572.40 76,462.72 266,035.12 $210,000 Lanes Sanitary Sewer 67,975.00 27,417.25 95,392.25 $107,730 /I^n 1 ( dd CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS COST REPORT Water Main- Boulder 94,959.00 38,301.06 133,260.06 169,650 Lakes Water Main - Lone Oak 347,089.18 139,996.03 487,085.21 610,000 Rd Water Services 1,756.00 708.27 2,464.27 NA Storm Sewer - Lateral & Trunk 399,167.90 162,151.52 561,319.42 453,630 Bituminous Trail 21,834.71 8,806.88 30,641.59 37,300 Totals $1,394,478.89 $563,603.36 $1,958,082.25 $1,836,010 ASSESSMENTS • TRUNK ASSESSMENTS The trunk water main, sanitary sewer and storm sewer improvements will be assessed based on 2007 trunk area rates, as identified in the project feasibility report, as follows: Trunk Water o Single-Family Homes: $1,200 per parcel o Commercial/ Industrial Lots: $2,500 per acre Sanitary Sewer o Single-Family Homes: NA o Commercial/ Industrial Lots: $2,370 per acre Storm Sewer o Single-Family Homes: NA o Commercial/ Industrial Lots: $0.16/ square foot • LATERAL ASSESSMENTS The water main and sanitary sewer improvements will be assessed based on 2007 Fee Schedule rates, as identified in the project feasibility report, as follows: Lateral Water o Single-Family Homes: $28.60 per front foot o Commercial/ Industrial Lots: $36.00 per front foot o Water Service: $880 each (per waiver agreement) Lateral Sanitary Sewer o Single-Family Homes: NA o Commercial/ Industrial Lots: $33.92 per front foot 2 2 tp2 Lateral Storm Sewer o Single-Family Homes: NA o Commercial/ Industrial Lots: $42.30 per front foot Commercial Street & Drainage: The costs of the street & drainage improvements to serve Ames Crossing Road/ Boulder Lakes development were computed using the following unit prices and quantities: UNIT ITEM UNIT PRICE QUANTITY AMOUNT Mobilization L.S. $12,000.00 1.00 $12,000.00 Clearing ACRE $5,100.00 0.1 $510.00 Grubbing ACRE $5,000.00 0.1 $500.00 Salvage Lighting Unit EA $2,100.00 1 $2,100.00 Salvage and Reinstall Mail Box EA $105.00 12 $1,260.00 Common Excavation (P) CY $8.15 2,453 $19,991.95 Subgrade Excavation (EV) CY $4.60 466 $2,143.60 Select Granular Borrow (CV) CY $18.20 920.9 $16,760.38 Subgrade Preparation RS $660.00 9.5 $6,270.00 Aggregate Base TN $13.00 4,224.72 $54,921.36 Class 5 (100% Crushed) Mill Bituminous Surface SY $7.00 50 $350.00 Concrete Pavement Irregular SY $40.00 400 $16,000.00 Width 7.0" - Special Type MV 3 Wearing Course Mix TN $55.50 548 $30,414.00 Type LV 4 Wearing Course Mix TN $54.45 41.52 $2,260.76 Type MV 3 NonWear CourseMix TN $44.90 558 $25,052.20 Type MV 3 NonWearCourse Mix TN $53.40 546 $29,156.40 Bit Material for Tack Coat GAL $3.10 130 $403.00 Conc Curb & Gutter Design B618 LF $9.65 1,370 $13,220.50 Install Salvaged Lighting Unit EA $3,900.00 1 $3,900.00 Traffic Control LS $2,600.00 1 $2,600.00 Sign Panels Type C SF $29.30 86.4 $2,531.52 Install Sign Type Special EA $303.00 3.6 $1,090.80 Salvage and Reinstall Sign EA $129.00 0 Silt Fence, Type Machine Sliced LF $1.65 610 $1,006.50 Flotation Silt Curtain Type LF $10.50 150 $1,575.00 Temporary Ditch Check LF $3.10 0 Type 2 Storm Drain Inlet Protection EA $365.00 8 $2,920.00 Seeding (inc. Topsoil, Fertilizer, ACRE $825.00 12.1 $9,982.50 Mulch, Disch Anchor) Sodding, Type Lawn SY $3.60 1,580 $5,688.00 (inc. Topsoil and Fertilizer) Erosion Control Blankets Cat I SY $1.10 2,845 $3,129.50 Erosion Control Blankets Cat 3 SY $1.10 1,147 $1,261.70 Pvmnt Mess (Left Arrow) Paint EA $62.00 0 Pvmnt Mess (Right Arrow) Paint EA $62.00 0 Pvmnt Mess (Left Arrow) Epoxy EA $130.00 2 $260.00 Pvmnt Mess (Right Arrow) Epoxy EA $130.00 2 $260.00 n3 `~1 UNIT ITEM UNIT PRICE QUANTITY AMOUNT 4" Solid Line White - Paint LF $0.10 0 12" Solid Line White - Paint LF $4.00 0 4" Double Solid Line Yellow - LF $0.25 0 Paint 4" Solid Line White - Epoxy LF $0.20 1,065 $213.00 12" Solid Line White - Epoxy LF $6.20 74 $458.80 24" Solid Line Yellow - Epoxy LF $4.65 432 $2,008.80 4" Double Solid Line Yellow - LF $0.45 792 $356.40 Epoxy Crosswalk Marking - Paint SF $1.85 0 Crosswalk Marking - Epoxy SF $4.35 264 $1,148.40 SUBTOTAL $272,124.70 Other costs @ 40.33% 109,759.62 Street & Drainage Cost - Ames $381,884.32 Crossing Lone Oak Road - Turn Lane: The costs of the turn lane improvements to serve Ames Crossing Road/ Boulder Lakes development were computed using the following unit prices and quantities: UNIT ITEM UNIT PRICE QUANT AMOUNT Salvage Guard Rail - Cable LF $5.00 377 $1,885.00 Subgrade Excavation (EV) CY $4.60 157 $722.20 Select Granular Borrow (CV) CY $18.20 2,590 $47,138.00 Aggregate Base Class 5 TN $13.00 1,792.34 $23,300.42 Aggregate Shouldering C12. TN $19.00 24.61 $467.59 Mill Bituminous Surface SY $7.00 275 $1,925.00 Type MV 3 Wearing course Mixture (C) TN $55.50 540.37 $29,990.54 Type MV 3 Non Wearing Course Mixture (B) TN $44.90 523.35 $23,498.42 Type MV 3 Non Wearing Course Mixture (C) TN $53.40 561.79 $29,999.59 Bituminous Mat. for Tack Coat GAL $3.10 880 $2,728.00 Silt Fence, Type Machine Sliced LF $1.65 1,590 $2,623.50 Flotation Silt Curtain Type Work Area LF $10.50 245 $2,572.50 Seeding (inc. Topsoil, Fertilizer, Mulch, Disc Anchor) ACRE $825 0.03 $24.75 Erosion Control Blankets Category 1 SY $1.10 3,500 $3,850.00 Erosion Control Blankets Category 3 SY $1.10 573 $630.30 Pavement Message (Left Arrow) Epoxy EA $130 3 $390.00 Pavement Message (Right Arrow) Epoxy EA $130 4 $520'.00 4" Solid Line White - Epoxy LF $0.20 2,627 $525.40 24" Solid Line Yellow - Epoxy LF $4.65 257 $1,278.75 4" Double Solid Line Yellow - Epoxy LF $0.45 3,127 $1,407.15 SUBTOTAL $189,572.40 Other costs @ 40.33% 76,462.72 Lone Oak Road - Turn Lane Cost $266,035.12 4 tD~ Water Services - Lone Oak Road: The costs of the water service improvements to serve two properties along Lone Oak Road (670 & 706 Lone Oak Road) were computed using the following unit prices and quantities: ITEM UNIT PRICE QUANT AMOUNT 1" Corp Stop EA $35.00 2 $70.00 Curb Stop & Box EA $105.00 2 $210.00 1" Type K Copper Pipe LF $18.00 82 $1,476.00 SUBTOTAL $1,756.00 Other costs @ 40.33% 708.27 Water Services Cost $2,464.27 • IMPROVEMENT AND ASSESSMENT RATES The improvement assessment for commercial/ industrial property for the cost of the Ames Crossing Road are to be assessed to the Boulder Lakes development properties with frontage on Ames Crossing Road, allocated by percentage of front footage per lot adjacent to Ames Crossing Road, in accordance with the project feasibility report, shown as follows: o Ames Crossing Road - Street & Drainage 1) $381,884.32 (Ames Crossing Road Cost) x 100%] = $381,884.32 [Total Assessment] 2) $381,884.32 (Total Assessment) - $272.97/ F.F. 1,399 Front feet (Ames Crossing Road) The improvement assessment for commercial/ industrial property for the cost of the Lone Oak Road turn lanes are to be assessed to the Boulder Lakes development properties with frontage on Lone Oak Road, allocated by percentage of front footage per lot adjacent to Lone Oak Road, in accordance with the project feasibility report, shown as follows: o Turn Lanes - Lone Oak Road 1) $266,035.12 (Lone Oak Road Turn Lane Cost) x 100%] = $266,035.12 [Total Assessment] 2) $266,035.12 (Total Assessment) - $176.77/ F.F. 1,505 Front feet (Lone Oak Road) • ASSESSMENT TERMS The assessments are proposed for a term of 15 years. The interest rate is 6.5% per annum on the unpaid balance. 5 (oLQ CITY REVENUES/ RESPONSIBILITY IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Streets - Ames Crossing $381,884.32 $381,884.32 -0- Streets - L.O. Turn Lanes $266,035.12 $266,035.12 -0- Sanitary Sewer $95,392.25 $217,237 -0- Water Main - Boulder $133,260.06 $263,186 -0- Water Main - L.O. Rd. $487,085.21 $306,897 $180,188.21 Water Services $2,464.27 $1,760 $704.27 Storm Sewer $561,319.42 $403,210 $158,109.42 Bituminous Trails $30,641.59 -0- $30,641.59 Total $1,958,082.25 $1,838,449.44 $369,643.46 • CITY FUND RESPONSIBILITY Major Street Fund = $30,641.59 Trunk Water Main Fund = $180,892.48 Trunk Storm Sewer Fund = $158,109.42 John G er, P.E. Reviewed: Reviewe Public Works Department Finance Department ---t'0 off 4 ° Date Date c: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I 6 (01 Final Assessment Roll Lone Oak Road Trunk Water Main Improvements City Project 952 Lateral Benefit Lateral Area Trunk Tax PIN Address F.F Rate/Front WM (Acres)/ Assessment Trunk Water Total Assessment Footage" Assessment SF Lots /Acre or Lot Assessment Service** 10-00100-030-55 2980 Dodd Rd 3.3 $2,500.00 $8,250.00 _ $8,250.00 10-00100-020-55 2970 Dodd Rd 4.4 $2,500.00 $11,000.00 $11,000.00 10-00100-040-55 735 Lone Oak Rd 1.5 $2,500.00 $3,750.00 ----,-$3,750.00 10-00100-080-55 2.0 $2,500.00 $5,000.00 $5, 000.00 10-00100-070-55 1.0 $2,500.00 $2,500.00 $2,500.00__ 10-18501-021-01 655 Lone Oak Dr 791 $36.00 $28,476.00 $28,476.00 10-14580-021-01 2975 Lone Oak Dr 888 $36.00 _ $31,968.00 $31,968.00 10-00100-060-55 715 Lone Oak Rd 240 $36.00 $8,640.00 3.0 $2,500.00 $7,500.00 $16,140.00 10-29800-010-01 510 Lone Oak Rd 60 $36.00 $2,160.00 33.0 $2,500.00 $82,500.00 $84,660.00 10-01200-040-02 520 Lone Oak Rd 133 $28.60 $3,803.80 1.0 $1,200.00 $1,200.00 $5,003.80 10-01200-030-02 526 Lone Oak Rd 103 $28.60 $2,945.80 1.0 $1,200.00 $1,200.00 $4,145.80 10-01200-020-02 72 $28.60 $2,059.20 1.0 $1,200.00 $1,200.00 $3,259.20 10-01200-010-02 540 Lone Oak Rd 209 $28.60 $5,977.40 1.0 $1,200.00 $1,200.00 _$7,177.40 10-03800-050-02 550 Lone Oak Rd 261 $28.60 $7,464.60 1.0 $1,200.00 $1,200.00 $8,664.60 10-03800-060-02 560 Lone Oak Rd 174 $28.60 $4,976.40 1.0 $1,200.00 $1,200.00 $6,176.40 10-03800-090-02 600 Lone Oak Rd 237 $28.60 $6,778.20 1.0 $1,200.00 $1,200.00 _ _ $7,978.20 10-03800-100-02 610 Lone Oak Rd 277 $28.60 $7,922.20 1.0 $1,200.00 $1,200.00 $9,122.20 10-03800-042-02 640 Lone Oak Rd 377 $28.60 $10,782.20 1.0 $1,200.00 $1,200.00 _ _ _ $11,982.20 10,237.60_ 10-03800-011-01 660 Lone Oak Rd 316 $28.60 $9,037.60 1.0 $1,200.00 $1,200.00 $ 10-53790-010-03 3200 Holiday Ln 10 $28.60 $286.00 _ $286.00 10-01200-040-25 670 Lone Oak Rd 360 $28.60 $10,296.00 1.0 $1,200.00 $1,200.00 $880.00 $12,376.00 10-01200-030-25 538 ---$28.60 $15,386.80 $15,386.80 10-03800-010-02 1.0 $1,200.00 $1,200.00 $1,200.00 10-03800-030-02 1.0 $1,200.00 $1,200.00 $1,200.00 10-03800-080-02 1.0 $1,200.00 $1,200.00----- $1,200.00 10-03800-070-02 1.0 $1,200.00 $1,200.00 _$1,200.00 10-01200-060-02 1.0 -----$1,200.00--- $1,200.00 $1,200.00 10-48700-020-00 706 Lone Oak Rd 145 $28.60 $4,147.00 $880.00 $5,027.00 10-48700-012-00 710 Lone Oak Rd 143 $28.60 $4,089.80 $4,089.80 Total 5334 $167,197.00 64.2 $139,700.00 $308,657.00 *2007 Fee Schedule Lateral Benefit of $72.00 Non Residential per centerline foot = $36.00 per front foot **Water Service installed per waiver agreements *2007 Fee Schedule Lateral Benefit of $57.20 Non Residential per centerline foot = $28.60 per front foot G:\Project and Contract Information\900's\0952 Boulder Lakes Business Park\Final Assessment Info\Fina I Assessment Roll Lone Oak 1 of 1 Final Assessment Roll Boulder Lakes Street and Utility Improvements City Project 952 Parcel Address Frontage Area Assessment Ames Commerical Turn Lane Trunk Lateral Lone Oak Crossing Gross Area Net Area Street & Improvements Sanitary Sanitary Trunk Water Lateral Water Trunk Storm Lateral Boulder Lakes" Road Road Drainage Lone Oak Road Sewer Sewer Main Main Sewer Storm Sewer Total Assessment Lump Sum of (ft) (ft) (sq ft) (sq ft) (front ft) Frontage) (acre) (front ft) (acre) (front ft) (sq ft) (front ft) $272.97 $266,035.12 $2.370.00 $33.92 $2,500 $36.00 $0.163 $42.30 10-14750-010-01 3000 Ames Crossing 429 719 520,584 378,175 $196,265 $75,833 $20,576 $24,394 $21,704 $25,890.12 $61,642.53 0 $426,305 10-14750-020-01 505 Shanahan Way 0 0 186,518 158,310 0 $8,613 $0 $9,086 $0.00 $25,804.53 0 $43,504 10-14750-010-02 2999 Ames Crossing 542 680 286,299 286,299 $185,620 $95,808 $15,577 $23,066 $16,431 $38,580.48 $46,666.74 0 $421,749 10-14750-020-02 635 Lone Oak Rd 534 0 201,715 201,715 0 $94,394 $10,975 $0 $11,577 $19,235.52 $32,879.55 0 $169,061 10-14750-010-00 OutlotA 0 981 210,290 210,290 NA $11,441 $33,283 $12,069 $35,323.92 $34,277.27 $41,505.61 $167,900 10-14750-020-00 Outlot B 0 796 1,883,244 777,687 NA $42,312 $27,000 $44,633 $28,656.00 $126,763.05 $33,670.80 $303,035 Total 1,505 3,176 3,288,650 2,012,476 $381,885 $266,035 $109,494 $107,743 $115,500 $147,686 $328,034 $75,176 $1,531,553 Special Assessments guaranteed with waiver agreement under Boulder Lakes development agreement G:\Project and Contract Information\900's\0952 Boulder Lakes Business Park\Final Assessment Info\Final Assessment Roll Boulder Lks LEGEND TRUNK SANITARY SEWER $2,370.00/Acre) NORTH AND STORM SEWER 0.16 / Sq. Ft.) AREA ASSESSMENT LATERAL SANITARY SEWER 33.92 /F.F.) ASSESSMENT OUTLOT B • • • • • • LATERAL STORM SEWER 42.30 / F.F.) ASSESSMENT COMMERCIAL STREET & DRAINAGE ASSESSMENT 272.97 / F.F.) LONE OAK ROAD • TURN LANE IMPROVEMENTS 176.77 / F.F.) \ LATERAL WATERMAIN 36.00 / F.F.) y, Bra TURN LANE IMPROVEMENTS N~: USER SAKE • s 505 j ~ ~ Vii. ~ LiJ OUTLOT N~Ifi 1" 2999 ¦ 2 3000 635 LONE OAK ROAD Jan.22,2007 q-,> My of Eap Boulder Lakes Street & Utility Improvements Engineering Department Project No. 952 - Assessment Map LEGEND TRUNK WATERMAIN AREA ASSESSMENT: Single Family $1,200.00 / Parcel Comm-/Industrial $ 2,500 / Acre NORTH OUTLOT 8 LATERAL WATERMAIN - - - - BENEFIT ASSESSMENT: Single Family $ 28.60 / F.F. Comm./Industrial $ 36.001 F.F. UIDER LAKEs BO p~jr0 0, U). so's OUTLOT A 2~ 1 F ~a W 080-55 > 2 \2999\ 020-55 2970 070-55 \\y_ 635 3000 040-55 060-55 1 o3oss2sao .'7ss 715 LONE OAK ROAD z Of Z 706 011-01. LLO 710 030-25 25 660\4 100-02 010-02 610 540 N p1 P71) 042-02 D60-02 050-02 0 o F QQ 640 D90-02 5 Cot °o U IRTHouse -LOT 1 00 020-02 LOT 2 526,52 \T \ 010-02 Qo 070-02 t~ 510 080-02 1 AU )TOR'S SUB. NO. 36 D6D-02 'rRUNK HwY SS n April 14, 2009 Lone Oak Road Watermain Improvements C Ea~aIl Project No. 952 - Waterman Assessment Map Engineering My g Department CITY PROJECT NO 952 INFORMATIONAL NEIGHBORHOOD MEETING BOULDER LAKES/ LONE OAK ROAD UTILITY IMPROVEMENTS - FINAL ASSESSMENTS WEDNESDAY, APRIL 29, 2009 7:00 P.M. CITY HALL EAGAN ROOM Attendance: John Gorder, Assistant City Engineer, 10 property owners representing 8 properties (see attached sign-in sheet). A. Presentation of Project Overview • Gorder welcomed the property owners and presented project and assessment information, including the process for possible deferments. B. Questions/ Comments • The 6.5% interest on the payoff period and possible deferment period seems high. It has been City policy to set the interest rate in the 1.5 to 2.0% range over the projected bond sale rate, to cover City administrative costs of establishing and maintaining the special assessment account records, and the risk of default. • Can the assessments be deferred without interest? The interest rate is set to cover the City's costs to finance the project. It would be a difficult precedent set if the Council deferred without the interest, but it is ultimately a Council decision. • My property (710 Lone Oak Road) is already served by water from the development to the south (Oakview Center - Holiday), why am I being assessed for lateral water main on Lone Oak Road? The new water main within Lone Oak Road provides a benefit to the property for enhanced looping and distribution of water. • Why wasn't sanitary sewer extended under this project? The sanitary sewer to the north within Boulder Lakes and Lone Oak Drive is too shallow to serve a majority of the properties along Lone Oak Road. Deeper sanitary sewer exists to the south to serve the properties bounded by Lone Oak Road, Highway 55, and Inver Grove Heights. • When will Lone Oak Road be upgraded? The current Dakota County plan has the upgrade scheduled for 2013. • What is the current City plan for our properties along Lone Oak Road? The City's Comprehensive Guide Plan shows these properties as Special Area, with a current agricultural zoning, with a long-term transition to Neighborhood Business and Research Development, as market forces provide. • Numerous attendees indicated that they will request deferment of the special assessments. The meeting adjourned at 7:45 p.m. FINAL ASSESSMENT NEIGHBORHOOD MEETING Boulder Lakes City Project 952 Wednesday, April 29, 2009 non City of EaEd 7:00 p.m. NAME ADDRESS ILE (5 /f- 33aO SS' 2. 3. ClO~. 4. 6,,,., vim-- lO (o d /t ~~vc p 6. a Lzy~ 00a zd 4t, . 7. 8. o fk CJ 7~lo Go N-~ y~~- 9. t Q Cn oc~ LDn-c- d K ~d 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G:\Forms\Sign-In Sheets\SIGN-IN.SHT & logo.doc John & Kim Nelson 640 Lone Oak Road Eagan, MN 55121 April 30, 2009 Re: Project #10P952 Dear Mayor, Council Members, City Manager and Planning Officials, We received our Notice of Special Assessment dated April 17, 2009 for the work completed for the Boulder Lakes Project in Eagan. Like our neighbors, we are greatly disturbed over the assessment and terms that we are required to pay in consideration to the resident's requests to install and use the water main for Boulder Lakes. $11,982.20 assessment. 0% use. Although that we do understand that the intensions of the installed water main pipe is for future commercial development in the Special Area designation in NE Eagan, we ask that future commercial developers be primarily responsible for the payment of the valuable asset required to build their subdivisions. Therefore, based on these considerations, we do ask for leniency in the payment terms for the assessment. We request to defer all assessment payments unless the following two scenarios occur: 1. We connect to the water main for residential use 2. Sale of the property - residential or commercial use We also request that no interest be charged to the assessment based on the following: 1. We have no supplemental income to support the water main interest payments. Eagan receives a valuable tax base asset from Boulder Lakes. We receive nothing. 2. The water main cost alone is a liability to residential resale. What future family wants to pay for an unused water main? 3. My $11,982.20 assessment turns into an $18,153.06 assessment per the city's terms of 6% interest over 15 years. Pouring salt on an open wound hurts more. We do recognize and appreciate the city's commitment to a reduced assessment rate for the residents along Lone Oak Road. But please consider this comparison. If I buy a car for $50,000 and send you a bill for $1,000 but you don't own the car, you can't drive the car, and you won't get any money back when I sell the car, is your $1,000 investment a good rate? As you already know, the combination of challenging economic conditions, increasing debt and steadily declining real estate values are historic challenges to current homeowners. In our particular case, the combination of a substantial increase ($2,000 proposed first year) in our taxes, a hard-working self-employed family with multiple part- time jobs, and raising three small children is hard enough. Please don't make it harder. 7Z/ We greatly appreciate your consideration for our concerns and ask that you approve and adopt the above proposed assessment terms for the residents along Lone Oak Road at the May 5, 2009 City Council meeting. Sincerely, John & Kim Nelson 75 Jill & Kenneth West April 21, 2009 600 Lone Oak Road Eagan, MN. 55121 Dear Mayor, Council Members, City Manager and Planning Officials, Yesterday on April 20th, 2009 I received a letter from the City informing me of the assessment billing to my land for work done to support the Boulder Lakes development over the last 20 months. I was taken by surprise by the letter, because it was my recollection that at the meetings that occurred in the Fall of 2007, we (the neighborhood), along with the planning personnel and members of the council had determined that these assessments would be set aside for the residents until such time one of two scenarios existed: 1). First scenario; that a resident choose to "hook up" to the utilities that were run through our yards to support the Boulder Lakes Commercial Development. 2). That there was the sale of the property to a developer, in line with the long range plans that the city of Eagan has had for our "special area," for several years now. I had a conversation yesterday with one of your engineers who was involved in the discussions and workshops of Fall 2007. He remembered the discussions and the direction regarding the assessments that I described above, but indicated to me that the Council needs to vote on this, and that had not yet occurred as the final costs were just calculated and closed. He suggested that I write this letter to the Mayor and Council to refresh your memory of these earlier discussions. Please be reminded that we the residents of this area have not benefitted from the improvements that you are assessing us for. These improvements were done solely for the purposes of the Boulder Lakes Commercial Development project, which the residents did not request nor entirely support. The costs for the improvements came in considerably higher than the costs originally quoted. Truth be told, we have experienced several adverse affects from this new commercial development, that we have been forced to adjust to. That said, it is clearly the right decision for the City to set aside these assessments, interest free, until which time one or both of the above scenarios come into play. It is my sincere hope that the City will "honor" the discussions and directions set forth in the Fall of 2007, and vote to "set aside these assessments until other conditions are met. If I can be of further assistance, I can be reached at 651-303-3315 (Jill West Cell Phone). Kindest Regards, Jill and Kenneth West 749 Agenda Information Memo May 5, 2009 Eagan City Council Meeting C. PROJECT 951, SOUTH DODD ROAD - SANITARY SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 951 (South Dodd Road - Sanitary Sewer Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 951 provided for the public water main, sanitary sewer and lift station improvements to serve the Dodd Parkside and Marsh Cove developments, and surrounding area, in southeast Eagan. • The Final Assessment Roll was presented to the City Council on April 7, 2009, with a public hearing scheduled for May 5 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment costs have not changed from the estimated benefit amounts that were presented at the original Public Hearing June 19, 2007. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on April 29 to address all property owners' questions or concerns and provide any additional information of interest. Of the 29 parcels (all Single-Family zoned and guided) being assessed, 4 persons representing 2 properties attended the meeting. ATTACHMENTS: • Final Assessment Report, pages through _ • Neighborhood Meeting Minutes, pages S & -7;7 FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 951 Assessment: May 5, 2009 Name: South Dodd Rd Project Approval Date: June 19, 2007 Lift Station & Utility Improvements Final Feasibility Final Feasibility Rate Report Units Rate Report Units SANITARY STORM SEWER SEWER 0 Trunk $2,370/ac $2,370/ac ? Trunk $1,150/lot 0 Lateral $28.30/f.f $28.30/f.f ? Lateral ? Service ? Lat. Benefit/trunk WATER STREET 0 Trunk $2,500/ac $2,500/ac ? $1,200/lot 0 Lateral $28.60/f.f $28.60/f.f ? ? Service ? 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 07-07 29 15 Years 6.5% $238,785 F.R. $271,787 F.R. $217,153 $219,065 (F.R. = Feasibility Report) 78 4b~ City of Eaall Mello To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: May 1, 2009 Subject: Final Assessment Roll, Project 951 South Dodd Road Lift Station & Utility Improvements On March 6, 2007, the City Council received a petition from the owner of the Dodd Parkside residential development for the extension City sanitary sewer and water main to serve the development and the surrounding area. At the public hearing on June 19, 2007, the City Council ordered Project 951, and in accordance with the feasibility report, the following improvements were constructed: permanent sanitary sewer lift station, sanitary sewer, and water main for the South Dodd Road area. At the public hearing, the City Council approved a preliminary assessment roll that called for the lift station/ sanitary sewer and water main improvements to be assessed to benefiting properties at the 2007 Fee Schedule rates. Subsequent to the public hearing, one of the assessable property owners, Epic Development installed a portion of the sanitary sewer and lift station improvements privately under terms of the Marsh Cove development contract. Special assessments to individual lots within the Marsh Cove and Dodd Parkside developments are proposed in accordance with waiver agreements for the respective developments. The improvements were completed under Contract 07-07. The following information was used in the preparation of the assessment roll for Project 951. PROJECT COST The construction cost includes the amount of $244,870.67 paid to the contractors for the construction of the improvements. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $133,362.48 and easement costs totaling $8,861.31 were incurred resulting in an improvement and project cost of $387,094.46. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER COSTS IMPROVEMENT FEASIBILITY IMPROVEMENT COST COST REPORT Sanitary Sewer/ Lift Station $208,556.65 $122,446.30 $331,002.95 $463,674 Water Main 36,314.02 19,777.49 56,091.51 $46,898 Totals $244,870.67 $142,223.79 $387,094.46 $510,572 9 ASSESSMENTS • TRUNK ASSESSMENTS The trunk water main and sanitary sewer improvements will be assessed based on 2007 trunk area rates, as identified in the project feasibility report, as follows: Water Main o Unplatted residential/ Platted non-residential: $2,500 per acre o Platted residential: $1,200 per lot Sani Sewer o Unplatted residential/ Platted non-residential: $2,370 per acre o Platted residential: $1,150 per lot • LATERAL ASSESSMENTS The water main and sanitary sewer improvements will be assessed based on 2007 Fee Schedule rates, as identified in the project feasibility report, as follows: Lateral Water o Residential: $28.60 per front foot Lateral Sani Sewer o Residential: $28.30 per front foot • ASSESSMENT TERMS The assessments are proposed for a term of 15 years. The interest rate is 6.5% per annum on the unpaid balance. CITY REVENUES/ RESPONSIBILITY IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Sanitary Sewer Lateral/ Sanitary Sewer Trunk (LS) $331,002.95 $111,937.96 $219,064.99 Water Main Lateral/ Water Main Trunk 56,091.51 $105,214.60 -0- Total $387,094.46 $217,152.56 $219,064.99 • CITY FUND RESPONSIBILITY Trunk Sanitary Sewer Fund = $219,064.99 2 On G7i,7, ?-,IA John Gord , P.E. Reviewed: Reviewed: Public Works Department Finance De artment Date Date c: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I 3 Final Assessment Roll South Dodd Road Sanitary Sewer Lift Station City Project 951 PID Address Name LOT TOTAL R/W WATER NET TRUNK AREA TRUNK AREA LATERAL LATERAL TOTAL FRONT ACREAGE ACREAGE ACREAGE ACREAGE SANITARY WATERMAIN SANITARY WATERMAIN ASSESSMENT FOOTAGE SEWER CHARGE SEWER CHARGE (LF) CHARGE CHARGE 10-03600-030-51 4895 DODD BLVD MARK T & DOROTHY M PARENTEAU 242 5.01 0.26 0.75 4.00 $9,480.00 $10,000.00 $6,848.60 $26,328.60 10-47570-010-01 701 MARSH CT* $1,150.00 $1,200.00 $2,350.00 10-47570-020-01 705 MARSH CT* $1,150.00 $1,200.00 $2,350.00 10-47570-030-01 709 MARSH CT* $1,150.00 $1,200.00 $2,350.00 10-47570-040-01 713 MARSH CT* $1,150.00 $1,200.00 $2,350.00 10-47570-050-01 717 MARSH CT* $1,150.00 $1,200.00 $2,350.00 10-47570-060-01 722 MARSH CT* $1,150.00 $1,200.00 $2,350.00 10-47570-070-01 718 MARSH CT* $1,150.00 $1,200.00 $2,350.00 10-47570-080-01 714 MARSH CT* $1,150.00 $1,200.00 $2,350.00 10-47570-090-01 710 MARSH CT* $1,150.00 $1,200.00 $2,350.00 10-47570-100-01 760 MARSH CT* $1,150.00 $1,200.00 $2,350.00 10-47570-110-01 702 MARSH CT* $1,150.00 $1,200.00 $2,350.00 10-20900-040-03 675 FARM ROAD JAMES A WALTMAN 100 0.56 0.56 $1,327.20 $2,830.00 $4,157.20 10-69000-010-01 4900 DODD ROAD WAYNE & DEBRAH SCHWANZ 386 5.01 2.20 2.81 $6,659.70 $7,025.00 $10,923.80 $11,039.60 $35,648.10 10-20875-010-01 4915 PARKSIDE CIRCLE* $1,150.00 $1,200.00 $884.38 $893.75 $4,128.13 10-20875-010-02 4916 PARKSIDE CIRCLE* $1,150.00 $1,200.00 $884.38 $893.75 $4,128.13 10-20875-010-03 660 PARKSIDE CT* $1,150.00 $1,200.00 $884.38 $893.75 $4,128.13 10-20875-020-01 4919 PARKSIDE CIRCLE* $1,150.00 $1,200.00 $884.38 $893.75 $4,128.13 10-20875-020-02 4920 PARKSIDE CIRCLE* $1,150.00 $1,200.00 $884.38 $893.75 $4,128.13 10-20875-020-03 654 PARKSIDE CT* $1,150.00 $1,200.00 $884.38 $893.75 $4,128.13 10-20875-030-01 659 PARKSIDE CT* $1,150.00 $1,200.00 $884.38 $893.75 $4,128.13 10-20875-040-01 655 PARKSIDE CT* $1,150.00 $1,200.00 $884.38 $893.75 $4,128.13- 10-20875-050-01 651 PARKSIDE CT* $1,150.00 $1,200.00 $884.38 $893.75 $4,128.13 10-20875-060-01 647 PARKSIDE CT* $1,150.00 $1,200.00 $884.38 $893.75 $4,128.13 10-20875-070-01 643 PARKSIDE CT* $1,150.00 $1,200.00 $884.38 $893.75 $4,128.13 10-20875-080-01 639 PARKSIDECT* $1,150.00 $1,200.00 $884.38 $893.75 $4,128.13 10-69000-030-01 4940 DODD ROAD MARGARET A MACRAE 5.43 5.43 $12,869.10 $13,575.00 $26,444.10 10-03600-013-55 4980 DODD ROAD ROSEAGAN INC 6.45 0.19 6.26 $14,836.20 $15,650.00 $30,486.20 10-03600-010-57 2625 120TH ST ROSEMOUNT POST NO 9433 VFW 3.84 3.84 $9,100.80 $9,600.00 $18,700.80 Total $80,723.00 $83,450.00 $31,214.96 $21,764.60 $217,152.56 2007 Utility Fee Schedule Trunk Sanitary Sewer * Special Assessments guaranteed with waiver agreement under Unplatted Residential $2,370.00 per acre respective development agreements Platted Non-Resident $2,370.00 per acre Platted $1,150.00 per lot Trunk Water Main Unplatted Residential $2,500.00 per acre Platted Non-Residential $2,500.00 per acre Platted $1,200.00 per lot Lateral Assessment Rates Sanitary Sewer $56.60 per centerline foot Water Main $57.20 per centerline foot G:\Project and Contract Information\900's\0951 South Dodd Rd LS\Flnal Assessment Info\Final Assessment S. Dodd Road 3 XXXXXXX o31-oa 5 ,MAR` H COVE 4 4 4' 3') 2 1 g MARSH COURT N~ k 8 9 10 11 ~f 032 D3 1 7 2 3 0 cc 051-03 030-51 5 Q 04 03 4895 0 .4980 - T 040-51 D K. CO. 010-5D -C_ <FegH ~ RFC/oNq X qRk Cf) DAK. CO. 010-54 1 D DD PA KSIDE 2 3 4 5 6 -S- PgRKS1pF PARKSIDE z 1 2 1 2 8 3 013-55 010-57 ti 010-53 020-53 -7 120th ST. FINANCIAL OBLIGATION LEGEND Sanitary Sewer Trunk - $ 2,370 / Acre - $1,150 / Lot Sanitary Lateral - $ 56.60 / Centerline Foot • Sanitary Lateral (Dodd Parkside) - $ 884.38 / Lot y. City of South Dodd Road Sanitary Sewer / Lift Station / Watermain City Project 951 Fig. 1 Cii- Eap Engineering Department Sanitary Sewer - Final Assessments 3 5 M AR H VE 4 031 4 4 3 i\6\ MARSH COURT `iS \ 032 03 8 9\ 10 11 1 051-03 030-51 5 04 03 4895 0/ 4980 0 040-51 • D K. CO. 010-5D 4, RFG oNq N y~~CS \ L < ,oqR 1~\~\ 1 cr) DAK. CO. JI 010-54 D ODD P RKSIDE _ 2 3 4 5 6 PgRKS/pE PARKSIDE 7 z T D 2 '0 \ 440 013-55 010- 7 010-53 020-53 4980 ~ 262 Qf- 120th ST. FINANCIAL OBLIGATION LEGEND Water Trunk - $ 2,500 / Acre - $1,200 / Lot Water Lateral - $ 57.20 / Centerline Foot Water Lateral (Dodd Parkside) - $ 893.75 / Lot South Dodd Road Sanitary Sewer / Lift Station / Watermain City Project 951 g Fig. 2 City of Equ Watermain - Final Assessments Engineering Department CITY PROJECT NO 951 INFORMATIONAL NEIGHBORHOOD MEETING SOUTH DODD ROAD UTILITY IMPROVEMENTS - FINAL ASSESSMENTS WEDNESDAY, APRIL 29, 2009 6:30 P.M. CITY HALL CONFERENCE ROOM 1 Attendance: John Gorder, Assistant City Engineer, 4 property owners representing 2 properties (see attached sign-in sheet). A. Presentation of Project Overview • Gorder welcomed the property owners and presented project and assessment information. B. Questions/ Comments • Our property (4895 Dodd Road) has been assessed previously for sanitary sewer and the assessments were deferred then. We want to make sure that we aren't being assessed twice. Can we drop the previous sanitary sewer assessment and request a deferment for this project's assessment? The previous assessment the property owners are referring to was for street improvements to Dodd Road in 2002 (City Project 751R). The property has not previously been assessed for sanitary sewer or water main lateral/ trunk. The property owners may request deferment of this project's assessments to the City Council. The assessments may be deferred with approval of the Council and through agreement with the City. • The 6.5% interest on the payoff period and possible deferment period seems high. It has been City policy to set the interest rate in the 1.5 to 2.0% range over the projected bond sale rate, to cover City administrative costs of establishing and maintaining the special assessment account records, and the risk of default. • Can the assessments be deferred without interest? The interest rate is set to cover the City's costs to finance the project. It would be a difficult precedent set if the Council deferred without the interest, but it is ultimately a Council decision. The meeting adjourned at 7:00 p.m. FINAL ASSESSMENT NEIGHBORHOOD MEETING S. Dodd Road City Project 951 Wednesday, April 29, 2009 City of Eakan 6:30 p.m. NAME ADDRESS 2. N /j/ c't-C' ~g D fc V l /Q[/ 1J ~Z~ r j 3. L7W, lAi1 c1 `I3~ly tir~? 7'24;6 L41il-G 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. n•\Fn„nc\c;on_Tn Sheets\SJGN-1N. SHT & logo.doc Agenda Information Memo May 5, 2009, Eagan City Council Meeting D. CERTIFICATION OF DELINQUENT FALSE ALARM BILLS ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. FACTS: ? The City Code allows for collection of delinquent false alarm bills through certification to property taxes. ? At the April? City Council meeting, a public hearing was scheduled for the May 5, 2009 City Council meeting. ? The City does not charge residents or businesses for the first three false alarms in a calendar year. A fourth or subsequent false alarm results in a $100 fee per alarm. The delinquent false alarm bills include a 10% penalty and a $25 certification fee. ? The City currently has six delinquent false alarm bills. When the public hearing was set on April 7, there were 11 unpaid false alarm bills. The assessable amount of the outstanding bills is $1,030. These items are in order for certification to the County. ? The City will accept payment for any portion of the assessment free of interest charges for a period of thirty days, beginning May 6 through June 4. If the assessment is paid after June 4, interest at 6% from May 6, 2009 to December 31, 2010 will be added to the principal amount due. The length of the assessment is one year. Unpaid balances will be collected with the 2010 property taxes. ? All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ATTACHMENTS (1): ¢ Proposed assessment roll on page y 25 Delinquent False Alarm Bills Delinquent Amount + Cert. Total Address PID 10% Penalty Fee Assessment 4461 Slater Road 10-17402-041-02 330.00 25.00 355.00 1000 Blue Gentian Rd. #250 10-71375-020-01 110.00 25.00 135.00 1300 Corporate Center Curve 10-22531-040-02 110.00 25.00 135.00 1940 Cliff Lake Road 10-17780-010-01 110.00 25.00 135.00 943 Wild Rose Court 10-64800-020-02 110.00 25.00 135.00 1793 Serpentine Drive 10-16705-080-04 110.00 25.00 135.00 Grand Total 1,030.00 OIVI w Agenda Information Memo May 5, 2009, Eagan City Council Meeting E. CERTIFICATION OF DELINQUENT WEED CUTTING BILLS ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent weed cutting bills and authorize its certification to Dakota County. FACTS: ? The City Code allows for collection of delinquent weed cutting bills through certification to property taxes. A 10% penalty and a $25 certification fee are added to all outstanding delinquent bills. ? At the April 7 City Council meeting, a public hearing was scheduled for the May 5, 2009 City Council meeting. ? The City currently has 10 delinquent weed cutting bills. The assessable amount of these bills is $2,754.20. Since last fall, the City billed 23 properties for this service. Of the 23 billed, 13 property owners paid the service fee and 10 are in order for certification to the County. Of the 10 to be certified, 6 have been or are currently somewhere in the foreclosure process. ? The City will accept payment for any portion of the assessment free of interest charges for a period of thirty days, beginning May 6 through June 4. If the assessment is paid after June 4, interest at 6% from May 6, 2009 to December 31, 2010 will be added to the principal amount due. The length of the assessment is one year. Unpaid balances will be collected with the 2010 property taxes. ? All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ATTACHMENTS (1): Proposed assessment roll on page C16 Delinquent Weed Cutting Bills Delinquent Amount + Cert. Total Address PID 10% Penalty Fee Assessment 4046 Mica Trail 10-16704-010-12 316.51 25.00 341.51 4684 Weston Hills Drive 10-83751-050-02 633.03 25.00 658.03 500 Tyne Lane 10-18402-010-03 171.44 25.00 196.44 1467 Kingswood Pond Overlook 10-42051-010-3 145.08 25.00 170.08 Vacant Lot - 81st Street 10-75402-020-01 230.01 25.00 255.01 Vacant Lot - 81st Street 10-75402-010-01 230.01 25.00 255.01 2023 Vienna Lane 10-62750-052-03 290.16 25.00 315.16 3838 Danbury Trail 10-45079-020-02 145.08 25.00 170.08 1491 McCarthy Road 10-55300-030-03 171.44 25.00 196.44 1497 McCarthy Road 10-55300-040-03 171.44 25.00 196.44 ljz~ D Grand Total 2,754.20 Agenda Information Memo May 5, 2009 Eagan City Council Meeting F. CERTIFICATION OF DELINQUENT UTILITIES ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. FACTS: • The City Code allows for collection through certification of delinquent utility bills which are not paid. • At the April 7, 2009 City Council meeting, a public hearing was scheduled for the May 5, 2009 City Council meeting. • The City currently has approximately 932 utility bill accounts with delinquent payments. The assessable amount of these accounts is $175,658.01. These items are in order for certification to the County. If certified another 18% interest is added. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ATTACHMENTS: • Delinquent account list; pages through r1 ciI Customer # Account # PID Balance 00047820 0036502409 100030001077 $75.45 00046133 0023406945 100180005078 $105.61 00052304 0023404809 100190007106 $58.67 00052304 0023404908 100190007206 $54.19 00036626 0023900103 100200004177 $137.05 00057092 0025505405 100200006675 $52.53 00000955 0025500703 100200007075 $152.01 00057991 0036607307 100380005010 $134.80 00066353 0015513104 100390001009 $79.89 00024685 0024407504 101130002001 $122.30 00046732 0023502008 101170007001 $86.54 00053093 0023502305 101170010001 $95.43 00049016 0023502602 101170013001 $289.02 00065203 0023900509 101190004001 $110.26 00054559 0023901200 101190011001 $112.80 00052402 0023901408 101190013001 $65.90 00021464 0013103007 101230004003 $293.90 00052163 0013105705 101230005005 $176.37 00056078 0013122502 101230101003 $333.63 00021647 0013123104 101230102004 $55.42 00058762 0013157607 101230201002 $164.85 00061798 0036150423 101315101001 $683.14 00063450 0036100709 101320001001 $480.99 00054125 0023408503 101330004101 $125.46 00056740 0011809704 101350004005 $111.82 00017430 0011813805 101350006009 $98.18 00017333 0011804101 101350008002 $140.06 00039356 0011816303 101350017006 $180.60 00053356 0011801206 101350020001 $586.76 00017351 0011806007 101350026003 $236.00 00065790 0011815701 101350041006 $128.65 00061739 0023402910 101370004001 $85.38 00042235 0012838306 101375001002 $246.42 00059838 0012840104 101375007004 $156.32 00020975 0012840005 101375008004 $117.68 00040127 0012836102 101375016003 $276.78 00067222 0024712689 101380005001 $67.83 00000871 0024712689 101380005001 $55.40 00061733 0024403008 101400201002 $1,245.25 00066370 0038340501 101422602001 $544.85 00066370 0089907355 101422602001 $1,191.19 00022782 0023411002 101430002000 $64.20 00062434 0025630302 101430212001 $92.51 00047294 0025652207 101432514003 $260.25 00016226 0025653205 101432524003 $107.32 00056697 0024220709 101435003002 $138.62 qa 00025801 0025208802 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NEW BUSINESS A. CONDITIONAL USE PERMIT - RELIABLE PROPERTY SERVICES ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit to allow outdoor storage of equipment and landscaping items for Reliable Property Services on Lot 2, Block 1, DG Welding Addition, located at 3245 Terminal Drive; subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ? The applicant is proposing to store up to 27 trucks and trailers and landscape materials (rock, mulch, dirt, salt, sand, and recycled landscape materials) outdoors. Two separate areas are proposed for the landscape materials, both to hold the contents in a six foot tall concrete barrier; however one area will be covered to reduce the runoff of the salt and sand. ? The outdoor storage is proposed in the rear yard of the site. ? The existing parking and storage areas are paved with blacktop or concrete surfaces. The applicant is proposing to construct and maintain new storage areas with a recycled asphalt aggregate gravel surface. ? A rain garden is proposed to assist with storm water management. ? The applicant agreed to supply a striping plan to delineate the outdoor storage of the trucks and trailers as well as the necessary parking. ? The Advisory Planning Commission held a public hearing on April 28, 2009 and is recommending approval. ISSUES: City code requires that all off-street parking and storage areas be surfaced with a material to control dust and drainage, and that the surface shall be properly maintained to prevent deterioration. The applicant is proposing a recycled bituminous surface similar to outdoor storage lots within the City that have been allowed to use recycled bituminous aggregate surfacing for outside storage areas. Similar to other outdoor storage CUP's, staff has added a condition of staff review of the maintenance and adequacy for dust and damage control. 60 DAY AGENCY ACTION DEADLINE: May 17, 2009 ATTACHMENTS (3): Location map on page 116 Draft April 28, 2009 APC minutes on paged through Staff report on pages through Ida Eagan Boundary Right-of-way Para Location Map Park Area k Area Building Footprint \ej 01 0 - o . 2 _ a' ~ c Q r- ~ A ~ D 0 1. F 4 p ~O B~q I? W7'~4 o © ® ix s yi- " Q o - p o Subject Site M®RE c:Y w ~ tQ p t i • .s [3 ~ ~ M r``hG { • Ct`3 ® EB ~ 14 N EQ, Flo e s eo ~ ono oa r-IMMSIM Mpopo 2x, oc x~ 6 1000 0 1000 2000 Feet Development/Developer. Reliable Property Services LLC Application: Conditional Use Permit Case No.: 8-CU-03-03-09 N City of Eap THIS MAP IS INTENDED FOR REFERENCE USE ONLY W. E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S :on runny Development Department not responsible for errors or omissions. Advisory Planning Commission April 28, 2008 Page 4 of 7 B. Reliable Property Services Applicant Name:Reliable Properties Service LLC Location: 3245 Terminal Drive; Lot 2, Block 1, DG Welding 1st Addition Application: Conditional Use Permit A Conditional Use Permit to allow outdoor storage of landscape material. File Number: 08-CU-03-03-09 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated April 22, 2009. She noted the background and history. Chair Chavez opened the public hearing. There being no public comment, Chair Chavez closed the public hearing and turned the discussion back to the Commission. Member Keeley moved, Member Dugan seconded a motion to recommend approval of a Conditional Use Permit to allow outdoor storage of equipment and landscaping items on property located at 3245 Terminal Drive in the SE of Section 08, subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. Outdoor storage of truck and trailers shall be limited to the rear portion of the property and not within the Fire Department turnaround. A striping plan shall be submitted by June 1, 2009 that delineates the specific location. 3. Any outdoor storage visible from the public right-of-way shall be screened from view. 4. Landscape materials are limited to those items shown on the approved Site Plan dated April 1, 2009 including, rock, mulch, dirt, sand and recycled landscape. 5. The covered storage shall be limited to sand and salt per the approved Site Plan dated April 1, 2009. 6. The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage and parking areas. Detailed plans for this grading work must be prepared and signed by a registered professional engineer. 7. (A)The pFepesed outdoor GtGFage aFeas shall be suFfaGed with biturnineus asph- OR 7. (B) If recycled asphalt aggregate is used for the outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 8. The outdoor storage areas shall not be surfaced with gravel base, Class V or otherwise. 9. All parking and storage areas shall be properly maintained to prevent deterioration. 10. This development shall manage storm water and protect water quality from the new outdoor storage/ parking areas by meeting requirements for design standards, minimizing impervious surface area and maximizing infiltration and retention, acceptable complementary storm water treatments, storm water treatment ponds, regional ponds, and maintenance of private storm water facilities in accordance with the current City post Advisory Planning Commission April 28, 2008 Page 5 of 7 construction regulations and as recommended by the Advisory Parks Commission and approved by Council action. 11. The proposed rain garden on site shall be installed according to the guidance of the MN Pollution Control Storm Water Manual, and overseen and inspected by City staff at time of installation. 12. The developer and owner shall enter into a maintenance agreement, in a form acceptable to the City Attorney, providing for the long-term maintenance of these rain gardens. 13. The fabric cover for the salt and sand storage and the fabric netting for the chain link fence shall be kept in premium condition. Replacement of the fabric cover and netting shall occur immediately if they fall into disrepair. A vote was taken. All voted in favor. Motion carried: 5-0. Its PLANNING REPORT CITY OF EAGAN REPORT DATE: April 22, 2009 CASE: 8-CU-03-03-09 APPLICANT: Reliable Property Services LLC HEARING DATE: April 28, 2009 PROPERTY OWNER: Gliori Properties LLC APPLICATION DATE: March 18, 2009 REQUEST: Conditional Use Permit PREPARED BY: Sarah Thomas LOCATION: 3245 Terminal Drive COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of equipment and landscaping items for property located at 3245 Terminal Drive, legally described as Lot 2, Block 1, DG Welding l st Addition, in the SE '/4 of Section 8. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Planning Report - Reliable Property Services LLC April 28, 2009 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will haVe vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The subject site was previously owned and operated by Bachman's. The property was platted in 2005. A Conditional Use Permit to allow outdoor storage of golf cars and utility vehicles was approved in 2006, but the applicant withdrew the application as the corporate office chose a north metro location for their facility. EXISTING CONDITIONS There are two existing buildings onsite and one large cement slab (previous location of greenhouses). The site generally slopes toward the west and the western one-half of the site is heavily wooded. SURROUNDING USES The subject site is surrounded by I-1, Limited Industrial properties. EVALUATION OF REQUEST Compatibility with Surrounding Area - The subject site is surrounded by industrial properties with outdoor storage nearby. Outdoor storage is typical in Industrial areas. l l7 Planning Report - Reliable Property Services LLC April 28, 2009 Page 3 Proposal - The applicant is proposing outside storage of landscaping materials and truck and trailer parking. The applicant's business Reliable Property Services provides snow and ice management, lawn maintenance, landscape construction and parking lot maintenance services at over 750 sites. According to the applicant "Reliable Property Services is the largest institutional property Services Company headquartered in the Greater Twin Cities market." Hours of operation are Monday through Friday 6:00 a.m. to 5:00 p.m., but during winter storm events may be open seven days a week. There will be 30 full time, permanent employees and 10 full time, seasonal employees. Site Plan - The outdoor storage of landscape materials and trucks and trailers is proposed in the rear yard of the site. There are two separate locations proposed for the landscape materials, both to hold the contents in a six foot tall concrete barrier, approximately three and a half feet wide. The northern location is proposed to have a cloth cover, to reduce the runoff of the salt and sand stored beneath. The cover is on a steel, reinforced structure and similar in design to the applicant's site in the City of Bloomington. The truck and trailer parking is not delineated on the Site Plan. The applicant's narrative states there are up to 25 parking stalls for employee and guest parking and up to 27 spots for trucks and trailers. The Site Plan notes identify a total of 42 parking stalls, however this number is in conflict with the narrative and number of stalls identified on the plan. The applicant should provide a striping plan that delineates the employee and overnight parking. No overnight parking should occur along the east property line or north of the maintenance building. There is a turnaround provided for the Fire Department, however parking is also proposed in this location. Parking is not permitted within the 30 foot drive aisle around the buildings per Fire code requirements. Outdoor Storage Requirements - a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (1-2) zoning districts, the enclosure may be detached from the principal building. The entire lot is enclosed by a fence. b. The storage areas shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The storage areas are located in the rear yard. The truck and trailer locations are not delineated on the plan, but should not occur in the parking stalls along the east perimeter of the site. Due to the location of the entrance gate, these stalls would be visible. 1I Planning Report - Reliable Property Services LLC April 28, 2009 Page 4 c. The outdoor storage area shall be screened from view from the public right-of- way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The applicant proposes to utilize dark netting on the chain link fence to visually screen the property. They have utilized this netting at their City of Crystal location. d. The storage area shall not interfere with any pedestrian or vehicular movement. Drive aisles will be maintained in the storage area that will not affect vehicular movement, there is limited pedestrian movement. This should be evident on the striping plan that will be submitted. e. The storage area shall not take up required parking spaces or landscaping areas. The parking requirement for the existing buildings is 51 stalls. As previously noted, there are conflicts with the notes and stalls shown on the Site Plan and the narrative. However it appears there is enough room on the site to meet parking requirements. f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. According to the applicant the storage area will be surfaced with recycled bituminous for dust control and erosion, this material has been used in the past for other outdoor storage uses in this industrial area. Grading - The existing site generally slopes towards the west. The applicant is proposing to construct and/ or maintain the truck parking and material storage areas with recycled asphalt aggregate gravel surface. The applicant is not proposing to construct the perimeter of the outdoor stage areas with concrete curb and gutter. City Code requires that all off-street parking and storage areas be surfaced with a material to control dust and drainage, and that the surface shall be properly maintained to prevent deterioration. Bituminous asphalt is the most-widely-used surfacing material to accomplish this requirement and is required for off- street parking areas. There are a number of outdoor storage lots within the City that have been allowed to use recycled bituminous aggregate surfacing for outside storage areas. Conditional Use Permits that have allowed recycled asphalt aggregate have included a condition for a periodic staff review of the condition of the surfacing to determine its adequacy for dust and drainage control. If recycled bituminous aggregate is used, such periodic review should be a condition of approval. If, upon review, the recycled bituminous aggregate surface is determined to be inadequate, the City will require the storage lot to be resurfaced with bituminous asphalt. The applicant should obtain a grading permit from the City prior to the construction of the proposed outdoor storage areas. Detailed plans for this grading work should be prepared and signed by a registered professional engineer. M Planning Report - Reliable Property Services LLC April 28, 2009 Page 5 Storm Drainage - The developer proposes to construct a rain garden on the north side of the property to filter and infiltrate storm water runoff from the site. This rain garden should be installed according to the guidance of the MN Pollution Control Storm Water Manual, and overseen and inspected by City staff at time of installation. Also, the developer and/or owner should enter into a maintenance agreement, in a form acceptable to the City Attorney, providing for the long-term maintenance of these rain gardens. This development should further manage storm water and protect water quality from the new outdoor storage/ parking area runoff by meeting requirements for design standards, minimizing impervious surface area and maximizing infiltration and retention, acceptable complementary storm water treatments, storm water treatment ponds, regional ponds, and maintenance of private storm water facilities in accordance with the current City post construction regulations and as recommended by the Advisory Parks Commission and approved by Council action. Utilities - The existing building on the site is connected to the City sanitary sewer and water main systems. No additional connections are proposed with this application. Access - Access to the site is currently from one driveway entrance onto Terminal Drive and will remain unchanged with this development. SUMMARY/CONCLUSION The applicant is proposing the outdoor storage of trucks, trailers and landscape materials. The proposed outdoor storage occurs on the rear yard of the property and outdoor storage requirements appear to be met as proposed. The applicant proposes a rain garden to assist with storm water management. Recycled Bituminous is proposed for the storage area. The applicant should submit a striping plan that delineates the location for the outdoor storage of the trucks and trailers, limited to the rear yard and not within the proposed Fire Department turnaround. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow outdoor storage of equipment and landscaping items on property located at 3245 Terminal Drive in the SE 1/4 of Section 08. 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. Outdoor storage of truck and trailers shall be limited to the rear portion of the property and not within the Fire Department turnaround. A striping plan shall be submitted by June 1, 2009 that delineates the specific location. 3. Any outdoor storage visible from the public right-of-way shall be screened from view. 4. Landscape materials are limited to those items shown on the approved Site Plan dated April 1, 2009 including, rock, mulch, dirt, sand and recycled landscape. 13)() Planning Report - Reliable Property Services LLC April 28, 2009 Page 6 5. The covered storage shall be limited to sand and salt per the approved Site Plan dated April 1, 2009. 6. The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage and parking areas. Detailed plans for this grading work must be prepared and signed by a registered professional engineer. 7. (A)The proposed outdoor storage areas shall be surfaced with bituminous asphalt. OR 7. (B) If recycled asphalt aggregate is used for the outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 8. The outdoor storage areas shall not be surfaced with gravel base, Class V or otherwise. 9. All parking and storage areas shall be properly maintained to prevent deterioration. 10. This development shall manage storm water and protect water quality from the new outdoor storage/ parking areas by meeting requirements for design standards, minimizing impervious surface area and maximizing infiltration and retention, acceptable complementary storm water treatments, storm water treatment ponds, regional ponds, and maintenance of private storm water facilities in accordance with the current City post construction regulations and as recommended by the Advisory Parks Commission and approved by Council action. 11. The proposed rain garden on site shall be installed according to the guidance of the MN Pollution Control Storm Water Manual, and overseen and inspected by City staff at time of installation. 12. The developer and owner shall enter into a maintenance agreement, in a form acceptable to the City Attorney, providing for the long-term maintenance of these rain gardens. 13. The fabric cover for the salt and sand storage and the fabric netting for the chain link fence shall be kept in premium condition. Replacement of the fabric cover and netting shall occur immediately if they fall into disrepair. !a1 Eagan Boundary Right-of-way Location Map Parcel Area Park Area Building Footprint x,r xi ~ rr.: OOY o b r O O ® Oo 4 © e7 o pop a Subject Site ti C I y=, Qi ' k S O OWES F,; e' `bit' o JL- o q c~ p 0 o e 6 ea l ® rr" v x'c 4 9 ® ©000©00 rim 06 v o ®o d olio 1000 0 1000 2000 Feet Development/Developer.. Reliable Property Services LLC Application: Conditional Use Permit Case No.: 8-CU-03-03-09 1a0-, N City of Eapf THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Reliable Property Services LLC Land Use Map Conditional Use Permit 8-CU-03-03-09 Zoning Map -~ee Location R.4 Current Zoning: t 1t I R-3 PF R"1 Mwa Limited Industrial rum 1p 13 I, D ` ® 13 o g l9 9 ® ~R. I-1 9 m + D ® O r ('t-1 R-11 P = 0 ® MM IBM p P ~ ® B 000 0 0D0 1200 Feet IIII COUNTY ROAD D.2alYANKEE DOODLE RDADk Comprehensive Guide Plan ° u_; •IND ^y ® . ® Land Use Map ® f,. IN, oD o~ee~eo C Y~ q Location HD QP ND MD ® _ t Current Land Use Designation: IN LD D® IND • ® m Q Limited Industrial ` ! MI IND li ® 0 8 F7 r L =Y o Be ii ® 1 o P IND = 9 D Ro a A EE a r D® III a 11 usm II® Or: Lie b ® ~ 000 0 00D 12DO Feet COUNTY RDAO ND. 20 (YANKEE DOODLE ROADI N Parcel base map information provided by Dakota County Land Survey Department Deember 2005. Zoning Information maintained by City Staff. THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of Dian W E The City of Eagan and Dakota County do not guarantee the accuracy of this information. S FE 0•hT i ~~.~~FO ARg ~PfO N CIhK roU ax505f6rxm4 swa450 952.597.52."7.7857 7 AQJ53343 4 Fa: 452.597.7740 81T~hTNOU SSuRF qCC MANITARYET YLITAN BEIIER BOARD 1 PER M DOC- NO. 5553163N ( (CRROSS AAT AT Z r I ' DOE. NO. CIIED i 1 I AREA) O 1 GRASS . ~ ilk mJ ii p s R 3 i i GRq yy I IP i 31x1 ss c. fYY, /U~tI~'{ j y pTTGhT,vD~ ~ ~ ~I n b Existing Conditions Plan ~,.T ir) GRAVEL AREA ufy Sfk Sr S'rURFgGE, Eg2NTfQh Gq%rlhc ^ rv Z O i fact u"pj,VG CONC CYISTTA,~ g~,C D2)045 ti Servic le Property f T services r o' j I(u IAC E- i 1 } / t!cT 3245 Terminal Drive x y i i 8 % .1, Eagan, MN 55121 LU ~-4v Site Layout Cp~rING Cr ~Y N RfC i SCgB % CV t7brlb0o TNs CONDITIONS a ~ Ff r Z., Ye pw raae-prp g0. • OP / q 'til f 4 tls5 raewtlx an jean xpas:tlw x',42221 RSCp p 'p ,p fxoaf~ aa.uo.n •DOn:ox 5 Orgt hRC , J 7P4 Yf uran ru+ aaw e~ four bl ffmD farrwa H 12 2S3 \ AIDS / / :tlwfo fnm Rw D aw n ~w rae MsnrrrY.aeu ~ ~ ~ ~ / arfn aaa rracro nw *rpaD xar< ~ DY \ ~ a.fiewnu fwxa aRe:uwe ~nwr \ ~ ~ wnfufYnw...e~af.an :stm5_re n) fntyl f•Ifnn p4af a-r tloe ~tl'-p D[V rn [LpNi uwDY.Y f1ALLf tlru.Y6Y Mp[ f1! EXISTING CONDITIONS RECEIVED APR 0.12009 RECEIVED APR' C S RTSTTN M(D ~CNT Gr fNCC / Tp Ck~S NGR~NHT TT fpOPYC R tTNK C 'D assn RA.A.d sw3. roo 9 a2.897aa F-. 9u 5x.ea~Ta7 S F : 52.897.7740 METROPOLITAN SELLER BOARD SANITARY NEWER EASEMENT PER DOC. NO. 59319 (CROON NATCOO AREA) FMCMED R'_LTCLEO ,.fNHADED--- DRq r6 Z i ) r TNTC V ] ] L ~CgppgNgL Q 1 4 ~ pu Pv 4e. Proposed Site Plan 1 W C'4'V "414 noes. Property ;h J t UC ~N '14 3 DTI pIOgp Services 3245 Terminal Drive i i i S~~TOHC ti Eagan, MN 55121 i ] RgGCNT 4r ] Q q[v aee 1 ; ~3~ Proposed Site Plan 1] 1 ~a ~1P110P00®sII[ R.IN \ /yCRC C S(qp a"-~ YY ]Iltl WaW YR nA M RfTNAIG ~W a.ax] ~o.e er.ow]o+ CLC fT T'C xaun. I.r u.no wWnau OHMfD ~ SH~C uYerRww ort art anus. fkTSTT GROM O( Ya Yrt L.rta nw s l.Y n +u~ elWnWr.».arter CHg1HTtOogTCRC Rvai uron RY1 nnan tiae ~ TRk l£NCNCID .naa .awEae.aw uaWe .u,..W C ayN Y naCW RY1 1. MN N anWWY emeYlna ~aeu e11P. a[.Y01T4 n~ wiwn euYar~:iiLL.w~W'w ~ee.uu ]n ,(dT't'C rw reW S+rauo r.r ux.r.r xa eua.n e+Y.u ru rea u.rory raeYWa n.u.. v]w.c~r urT araw ar. ota:o ar, ere PROPOSED SITE PLAN REVISED RECEIVED APR 01 Reliable Memo To: City of Eagan Planning Commission From: Jim Hansen CC: File Date: 1/04/09 Re: Revised Narrative for Conditional Use Permit to allow outdoor storage as part of a institutional property services business at 3245 Terminal Drive. Property Location: 3245 Terminal Drive Property Description. The total square footage of the site is aproximately 199,000 square ft or 4.56 acres according to Dakota County Property Records. There is approximately 6,000 square feet of office and showroom space in an existing concrete block building and an existing steel storage and shop space of 10,000 square ft. The proposed site plan contemplates approximately 3038 square ft of outside materials storage and 23,680 square ft of new parking and drive lane area bringing total parking stalls to 52 and room for fire department access. A drawn to required scale existing site plan and our proposed site plan are attached. Current Zoning: I-1, Limited Industrial Comprehensive Plan: IND, Limited Industrial PID 10-20375-020-01 Reliable Property Services Description Reliable Property Services is the largest institutional property Services Company headquartered in the Greater Twin cities market. In 2009 we expect to provide snow and ice management, lawn maintenance, landscape construction and parking lot maintenance services at over 750 sites (combined winter and summer) such as Carlson Headquarters, 3M, Medtronic, Target Stores, Allina Hospitals etc. We employ approximately 30 full time year round permanent employees and 10 full time seasonal employees. We generally have staff on our site from 6:00 am to 5:00 pm Monday through Friday but during winter storm events we may be open at any time seven days a week. We are providing services at 71 sites in the City of Eagan this winter including 3M Cuno, Eagan Town Center, Oakview Business Center, Avalon Business Center, ALLINA clinics, Apollo Industrial park, Uline and Qwest. (Full list was provided with original narrative) RECEIVED APR 0 12009 acs History of the site The site was originally developed by Bachmans' Nursery in 1968 with a large greenhouse, storage facility and office/showroom for their indoor property services business. The property was bought in 2005 by Gliori Properties, the greenhouse was dismantled and the buildings were leased to The Quarry, a stone fabrication business until February of 2009 and currently is vacant. Existing Conditions There are two existing buildings on the site (6000 and 10,000) that cover aproximately 8 % of the site and one large 23,000 sg ft cement slab (previous location of greenhouses). The site generally slopes to the north and west and has a large drop off towards the most northern and western part of the site. There is a 35 foot utility easement that bisects the property as noted on the plans. Approximately 137,000 square feet of the property is contained within an 8 foot fence and is noted in the scale drawing. Currently 80% of the site is non utilized space. With the code required additional parking and drive aisle as well as the outside material storage contemplated in the proposed plan utilized space will be 66%. Green space after the proposed changes will be 45%. The revised existing conditions plan provided as attachment #1 shows the boundary lines of the property, the adjacent streets, on site easements and existing buildings, structures, utilities, fencing, exterior lighting and asphalt parking. No water bodies are on the property and water runoff is towards pond cp-8. The currently paved areas are shown as well as retaining walls originally from the greenhouse space. No changes to setbacks are anticipated nor are any air conditioning, heating or electrical equipment changes planned. The site is surrounded by industrial properties including another property services company directly to the west all of whom have outside storage some of which is currently visible from the proposed site. The site currently has one entrance and exit off of Terminal Drive. No changes to utility (water, sewer, electrical) or outside elevations of the buildings are anticipated as a result of this application or building occupancy. Intended use and proposed Site Plan: It is our intention that these facilities to eventually serve as a headquarters facility for the twin cities and provide for a maintenance and equipment storage location serving institutional property services clients in the south and southeast quadrant of the Twin Cities. We intend to provide parking for full time employees housed on site (15 originally) and parking Ibt4-~` for trucks/trailers when they are not in use as shown on the plan. We have provided for additional parking and the drive aisle with recycled asphalt aggregate gravel surface in our current plan to comply with dust control and drainage and to provide for a 30 foot drive aisle and a turnaround that is not on the site today to meet fire safety code. Our current activities on the site will be sales offices, accounting/ administration services and a maintenance facility with inside storage of off season equipment (see prior narrative submission for pictures) and trash. We do not have customers visiting the site but do have trucks and trailers (see prior submissions) that can be parked on site not during use or on weekends. No unique processes, materials or equipment are planned to be used on the site. • Page 2 RECEIVED APR t ) 2(i Genesis Architects have prepared a proposed site plan showing fenced parking for overnight parking of pick up trucks and trailers and a new striping plan for service workers totaling 52 spaces (9' x 18') , a new paved outside materials storage area of 3042 square feet or 1.5 % of the total available space and 19% of the current interior space. The plans also show inside storage in the shop building for skid loaders, gravelys, mowing equipment etc, two service bays for equipment examples of which are shown in the pictures in the earlier submission. It is our intention to use the noted areas in the submitted plan on the north side of the site as outside storage for landscaping materials. This space currently is gravel and is fenced from the road and separated from the building and the rest of the site with access from the side road. The plan calls for the smaller materials storage area next to the building to be covered with an appropriate base and then asphalt and the materials to be stored within concrete barriers. We propose that the northern of the two areas be covered storage for sand or salt to eliminate potential runoff issues as noted on the plan. Landscaping. We do not currently anticipate changing any of the site landscaping and propose to screen the property using the existing fencing and dark netting as shown in attachment 9 of our prior submission. Grading. We do not anticipate changing any current grading but an engineering plan will be developed and reviewed with the city prior to occupancy for the new parking and outside storage areas. Additional parking, drive aisle and fire safety turnaround is noted to be built using recycled bituminous asphalt to control dust and minimize runoff as has been approved at other similar industrial properties in Eagan. Our plan is to regrade and roll this area annually and allow for city inspection every third year to assure continued compliance. Reliable has retained an environmental engineering firm to conduct a study and to make recommendations for us to comply with section 4.33 and 4.32 for water containment and erosion control. We plan to submit the results and proposed actions if any to the city prior to April 10, 2009. Summary Reliable Property Services LLC is a well established, profitable, twenty five year old company that wishes to move its headquarters and main maintenance facility to the City of Eagan bringing fifteen (15) permanent well paying jobs to the community as well as significant opportunities for seasonal full time and contract hourly positions. Our proposal asks for a conditional use permit to allow paved outside storage, an approved use in a limited industrial zone, and to increase our parking and a drive aisle using recycled bituminous asphalt as has been approved in similar applications in Eagan to meet the parking and fire safety requirements. •Page 3 RECEIVED APR 0 1 2009 Summary Table of Proposed Outside storage items: Total Employee Auto and TrucklTrailer Parking Employee and guest parking- up to 25 spots Trucks and or Trailers parking- up to 27 spots Landscape materials temporary storage RECEIVED APR 0 12009 •Page4 ) ]9 TRUCK-TRAILER 1. r'. l30 HtBfT Of is 'TfaVT t tt~ r f a Tq, s 7 f M+ 'g s f ~ ~ ~i: e•rf" 5-s k'~'. :<r f~ i e s• i,: ~ .:•'Y~ ~ t, r`+ ~ s ; k:.} .,a ~ s : 'J E cr) C7 Q% _ pmo y D 7,1 M 'YpFYI„ N4V Y m~pSFil~ ..;..y. I' +fF r 4w - ~ rfn .J~• ~ ~M`5~ '~j~..~.. ~ ...w - x ~ -g... GJ e- J= P^^^`-!~'I't.4v .vfryo,..e- 3 `+~r - ~ r `;,-•,i1pnY0.~ i." yr, A. 74 ;r-. J. r > m +1!,". • ~ ~~-~.am+ M~a4...' "r'A>+~ r ~•',"'i. }-r'~~.ge 'ti.w..t~" . x ~fi ''tt, .,E?'4 0; = w•:g r' a s r ~~;;'~~.tt~ia.a ws q. N^ * `LJ •T:l~T ~I~{~~Y,N~~' - 'MP }~4.... +S..x. g. a PP#~. f F+~ ~~'iF "p~ C~i'"~P~•+S '*2 .F'%'~; 't' '.`,h M Page 1 of 1 COVERED STRUCTURE A. 7 1 .rte hl - f T: r ~ +y4:~ 4 i 1., ~ sgs~~ Ff ~gr,R,"~S ~ ;x~ 4°c i' a 5',; ± F '1! f..Yt, i4~` - 1 ~flwyy~, `Y`R pt Alp. tp h a ~ 1, rysw 7 ~ f, >y M1~tw•24p' 4! A~4' ~y~ ' # • r,C~'ra~`~~ Jr ,x ~i-;, f~ ay Agenda Information Memo May 5, 2009, Eagan City Council Meeting B. CONDITIONAL USE PERMIT - MINNESOTA MONTESSORI ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit to permit a child daycare facility within the multi-tenant building located at 4130 Blackhawk Road, legally described as Lot 1, Block 1, Blackhawk Plaza, subject to the conditions listed in the APC minutes. To approve (OR direct findings of fact for denial) an Interim Use Permit to permit an off-site playground in conjunction with a child daycare facility on property legally described as Lot 2, Block 1, Blackhawk Plaza, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ? Lot 1 is developed with a multi-tenant retail center. Access to the site is provided via a private drive from Blackhawk Road. The private drive also connects to the Greyhawk townhome development. A service drive provides access to the rear of the building. ? Lot 2 is vacant and contains scattered trees. ? One other daycare center currently occupies the east end within the same building. ? Proposed modifications consist of interior remodeling and construction of the outdoor play area. ? The off-site play area is consistent with State licensing guidelines. ? Access to the outdoor play area will be provided via the existing sidewalk in front of the building, with accessible curb cuts and a crosswalk installed at the service drive leading to the playground on the adjacent lot. ? The Advisory Planning Commission held a public hearing on April 28, 2009, and did recommend approval of both the Conditional Use Permit and the Interim Use Permit. 60-DAY AGENCY ACTION DEADLINE: June 9, 2009 ATTACHMENTS (3 Location Map, pages j April 28, 2009 APC minutes, page through137 Planning Report, pageg3 through( 'Jl Eagan Boundary Right-of-way Par Area Location Map Park Area k Area Building Footprint 4 p 0 v o 0 o t~ a 9 °D m ° D a o p a°D ® Q M%l o v Q= D 6° dd d d g a p rz, p Y B D Q q © a © d® Q p 0 O 3 © d p p ® p p p D Subject Site ° o ? c~ o q p8 p Q, Q C E3 CZ) C3 Q GS.A.H.-NO. DIF LEY ROAD E3 ~3~3 a taop © 6 o ~ o 4 © © G~ / b d mm 8 a Qp ° ® 'tee ° ° ° ommB o a o D ® ~r° mmm? 3 cj 4 D o ©o c~ d ® a~ 0 ::zzill- b, v ° o n ~ a a ©Qpl Q Q _ d o fj 7f~,~ y~ / eta o O °n^ .T- y^r q Q 1D00 0 1000 2000 Feet Development/Developer: Minnesota Montessori Application: Conditional Use Permit Wnterim Use Permit Case No.: 20-CU-04-03-09 & 20-IN-01-04-09 6 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 eommunlty Development Department not responsible for errors or omissions. Advisory Planning Commission April 28, 2008 Page 6 of 7 C. Minnesota Montessori Accelerated Learning Center Applicant Name:Minnesota Montessori Accelerated Learning Center Location: 4130 Blackhawk Road; Lots 1 &2, Block 1, Blackhawk Plaza Application: Conditional Use Permit A Conditional Use Permit to allow a daycare in (NB) Neighborhood Business District. File Number: 20-CU-04-03-09 Application: Interim Use Permit An Interim Use Permit for an offsite playground. File Number: 20-IN-01-04-09 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated April 22, 2009. She noted the background and history. Chair Chavez opened the public hearing. There being no public comment, Chair Chavez closed the public hearing and turned the discussion back to the Commission. Member Keeley moved, Member Filipi seconded a motion to recommend approval of a Conditional Use Permit to permit a child daycare facility within a multi-tenant building located at 4130 Blackhawk Road, legally described as Lot 1, Block 1, Blackhawk Plaza, in the SE '/4 of Section 20, subject to the following conditions: 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 60 days of approval, and proof of recording shall be submitted to the City. 2. The daycare shall be operated in compliance with all other County and State regulations. The daycare shall obtain and maintain all required permits and licenses required by the County or State. 3. An outdoor play area, consistent with State licensing requirements, shall be provided. Access to the play area shall be via the front sidewalk and an accessible path across the service drive as shown on the Play Area Plan dated April 9, 2009. A vote was taken. All voted in favor. Motion carried: 5-0. Member Keeley moved, Member Dugan seconded a motion to recommend approval of an Interim Use Permit to permit an off-site playground in conjunction with a child daycare at 4130 Blackhawk Plaza, upon property legally described as Lot 2, Block 1, Blackhawk Plaza, in the SE % of Section 20, subject to the following conditions: 1. The Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City, and proof of recording shall be submitted to the City. 2. The Interim Use Permit shall terminate in five (5) years (May 5, 2014). If the daycare use on Lot 1 ceases at an earlier date, this Interim Use Permit shall terminate at the same time. 3. An agreement between the owner of Lot 1 (Diffley Square Partners, LLP) and the owner Lot 2 (Diffley Square II, LLC) is necessary to permit the use of Lot 2 for the playground serving the daycare which is located on Lot 1. Such agreement should be provided to the City for review and approval by the City Attorney. Advisory Planning Commission April 28, 2008 Page 7 of 7 4. An accessible path from the indoor daycare facility to the outdoor play area shall be provided as shown on the Play Area Plan dated April 9, 2009. A vote was taken. All voted in favor. Motion carried: 5-0. VI. VISITORS TO BE HEARD (FOR THOSE NOT ON AGENDA) There were no visitors to be heard for items not on the agenda. VII. OTHER BUSINESS City Planner Ridley stated a Planning Commission Workshop would be held on Thursday, May 14, 2009. VIII. ADJOURNMENT Member Filipi moved, Member Keeley seconded a motion to adjourn the Advisory Planning Commission meeting at 7:25 p.m. A vote was taken. All voted in favor. Motion carried 5-0. Respectfully Submitted by: Dana Keeley APC Secretary Camille Worley Recording Secretary /237 PLANNING REPORT CITY OF EAGAN REPORT DATE: April 22, 2009 CASE: 20-CU-04-03-09 APPLICANT: MN Montessori HEARING DATE: April 28, 2009 PROPERTY APPLICATION DATE: March 23, 2009 OWNER: Diffley Square Partners, LLP; Diffley Square IT, LLC REQUEST: Conditional Use Permit PREPARED BY: Pamela Dudziak LOCATION: 4130 Blackhawk Road COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: NB, Neighborhood Business SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to permit a child daycare facility within the multi-tenant building and an Interim Use Permit to permit an off-site playground on property located at 4130 Blackhawk Road, legally described as Lots I and 2, Block 1, Blackhawk Plaza in the SE I/4 of Section 20. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 135 Planning Report - MN Montessori April 28, 2009 Page 2 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Interim Use Permit: City Code Chapter 11, Section 11.50, Subdivision 6 states: The Council may issue interim use permits for an interim use of property if. A. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the bulk and performance standards of the zoning regulations herein; B. The date or event that will terminate the use can be identified with certainty; C. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and D. The user agrees to any conditions that the Council deems appropriate for permission of the use; and I Planning Report - MN Montessori April 28, 2009 Page 3 E. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. BACKGROUND/HISTORY The property was platted as part of the Blackhawk Plaza development in 1986 and the multi- tenant retail center was constructed on Lot 1 that same year. The adjacent parcel to the east, Lot 2, remains vacant. To the south are a gas station and convenience store (Lots 4 and 5) and Cooper's tire and auto service (Lots 6 and 7). To the north and east is the Greyhawk townhome development. A Conditional Use Permit for a daycare center was previously issued for the in-line retail center. EXISTING CONDITIONS 191 The site is developed with a multi-tenant retail center. A daycare is currently located at the east end of the building, and a liquor store occupies the west end of the building. Among the other tenants are a dance studio, karate studio, specialty grocery store, tanning salon, and a chiropractic clinic. Access to the property is provided via a private drive from Blackhawk Road. The private drive serves all of the buildings within this commercial development and also connects to the Greyhawk towhome development. A service drive provides access to the rear of the building. Lot 2 is vacant and contains scattered trees. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Townhomes PD, Planned Development MD, Medium Density South Auto Service/Gas & NB, Neighborhood Business RC, Retail Commercial Convenience Store East Vacant; Townhomes NB, Neighborhood Business; RC, Retail Commercial; PD, Planned Development MD, Medium Density West Blackhawk Road; R-1, Single-Family LD, Low Density Single-family Home Residential LLR Planning Report - MN Montessori April 28, 2009 Page 4 EVALUATION OF REQUEST Proposal - The applicant proposes to establish a Montessori school within the commercial retail center. The identified lease space occupies 3,554 sq. ft. in the center portion of the building. The school consists of three classrooms and a common indoor play area, restrooms, a staff lounge and f office/lobby area. The Montessori school serves children ages 2-1/2 to 9, and is licensed by the State as a daycare. Daycares are required to provide an outdoor play area consisting of at least 1,500 s.f. Minnesota Montessori proposes to locate their outdoor playground on the vacant lot east of the shopping center (Lot 2). It is atypical for the playground to be off-site rather than adjacent t to the indoor daycare facility. State licensing guidelines, however, require only that the play area be within 1/2 mile of the indoor facility. Zonin - The property is currently zoned NB, Neighborhood Business, and is guided RC, Retail Commercial. Daycares within the NB zoning district require a conditional use permit. In addition, the proposed off-site playground is not a permitted principal use within the NB zoning district. For this reason, an Interim Use Permit is also requested. The purpose of the Interim Use Permit is to allow a reasonable use of property for uses not specifically permitted in a zoning district on a temporary basis as deemed appropriate by the City Council upon recommendation of the Advisory Planning Commission and benefit the public good. a Playground - Access between the school and its playground will be provided via the existing ' sidewalk in front of the building. A new crosswalk from the sidewalk to Lot 2 will be installed at the service drive on the east end of the building, and the playground will be located on Lot 2 east of the service drive, and set back 6.5' from the curb. The playground will be enclosed with a 4' black coated chain link fence, which matches the enclosure of the existing playground for the other daycare on Lot 1. The playground is proposed to be 40' x 40' or 1,600 s.f. in area. The play area will be surfaced with wood chips, and the perimeter will be sod. Because the playground is an interim use, irrigation of the sodded area will not be provided. ILtI Planning Report - MN Montessori April 28, 2009 Page 5 The applicant has indicated that the term of MN Montessori's lease is five years. The Interim Use Permit for the playground should run concurrent with the lease, and should terminate if the daycare use ceases at an earlier date. Thus, term of 5 years is suggested. If MN Montessori renews its lease at the end of 5 years, they could also reapply at that time to renew the Interim Use Permit for the playground. Mechanical Equipment - Rooftop equipment is screened by an existing wood fence material which is in good repair. Grading/Storm Drainage - Some grading will be required for installation of the playground. The Engineering Division has determined that a grading permit is not required. Wetlands/Water Quality - There are no wetlands on the site. The construction of the playground will create minimal additional runoff. New pavement consists only of a small sidewalk (approx. 6' x 13') between the service drive and the playground area. Easements/Rights of Way/ Permits - A State license is required for the MN Montessori school/daycare facility. The applicant is responsible for obtaining and maintaining the State license, and any other required State or County licenses or permits. An agreement between the owner of Lot 1 (Diffley Square Partners, LLP) and the owner Lot 2 (Diffley Square II, LLC) is necessary to permit the use of Lot 2 for the playground serving the daycare which is located on Lot 1. Such agreement should be provided to the City for review and approval by the City Attorney. Tree Preservation - Two trees located on Lot 2 will be impacted by the playground and may require removal. However, neither is considered significant by City Code standards. SUMMARY/CONCLUSION MN Montessori is requesting approval of a Conditional Use Permit to locate a school/daycare within a retail center in an NB zoning district located at 4130 Blackhawk Road. An Interim Use Permit is also requested to permit an off-site playground associated with the school/daycare. The proposed daycare appears compatible with existing uses and surrounding development. One other daycare center currently operates within the same building. Modifications consist of interior remodeling and construction of the outdoor play area. While the off-site play area is not typical, it is consistent with State licensing guidelines. Access to the outdoor play area will be provided via the existing sidewalk in front of the building, with accessible curb cuts and a crosswalk installed at the service drive leading to the playground on the adjacent lot. 10~ Planning Report - MN Montessori April 28, 2009 Page 6 ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to permit a child daycare facility within a multi-tenant building located at 4130 Blackhawk Road, legally described as Lot 1, Block 1, Blackhawk Plaza, in the SE '/4 of Section 20. If approved, the following conditions should apply: 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 60 days of approval, and proof of recording shall be submitted to the City. 2. The daycare shall be operated in compliance with all other County and State regulations. The daycare shall obtain and maintain all required permits and licenses required by the County or State. 3. An outdoor play area, consistent with State licensing requirements, shall be provided. Access to the play area shall be via the front sidewalk and an accessible path across the service drive as shown on the Play Area Plan dated April 9, 2009. To recommend approval of an Interim Use Permit to permit an off-site playground in conjunction with a child daycare at 4130 Blackhawk Plaza, upon property legally described as Lot 2, Block 1, Blackhawk Plaza, in the SE 1/4 of Section 20. If approved, the following conditions should apply: 1. The Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City, and proof of recording shall be submitted to the City. 2. The Interim Use Permit shall terminate in five (5) years (May 5, 2014). If the daycare use on Lot 1 ceases at an earlier date, this Interim Use Permit shall terminate at the same time. 3. An agreement between the owner of Lot 1 (Diffley Square Partners, LLP) and the owner Lot 2 (Diffley Square II, LLC) is necessary to permit the use of Lot 2 for the playground serving the daycare which is located on Lot 1. Such agreement should be provided to the City for review and approval by the City Attorney. 4. An accessible path from the indoor daycare facility to the outdoor play area shall be provided as shown on the Play Area Plan dated April 9, 2009. I q-3 Eagan Boundary Right-of-way Location Ma p Parcel Area Park Area Building Footprint 9 4 6 0®_o Q p Q 41 D 9 v g ® p o° •Q~ 4 p. ® Q ® 9 3mg w! c I!!I p le LU Q tj O C. cl 6 f d Q fl © Q Q o • Subject Site ° a-_ U P O® SP @ q C.S.A.H. NO. F LEY ROAD ~ d ~ / _ ty3 q 6 F,j 47 5gpp q ® 4 X [DOD © c ti" d © mm B a mm 8 11D 0 [DODO era c~a © 6 Q -A t~ © p 0 © 4 © a fl oo ? t3 ° ~ ° a iy'© ~ . ~ ©p 0 0 ~ a ~_j aaac 47 0 - 0 q Q Q a V F a a Q 4 ^ J P9r ~r /CD ~=o fl ° ° p 4 1000 0 1000 2000 Feet Development/Developer: Minnesota Montessori Application: Conditional Use Permit &Interim Use Permit Case No.: 20-CU-04-03-09 & 20-IN-01-04-09 { N City f THIS MAP IS INTENDED FOR REFERENCE USE ONLY of OII W+ E JJ 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 Minnesota Montessori Conditional Use Permit & Interim Use Permit 20-CU-04-03-09 & 20-I N-01-04-09 Zoning Map ® R-2 DD a ® IP Ea v~ Current Zoning: 3~ J M ® Location 4~ Fr NB 41 Neighborhood Business PD NB L.S. 0 (DIFL ROAD) PD R 6 a e D° ~ ~ ® e ®ey 600 0 600 1200 Feet 1 $ - p A Comprehensive Guide Plan ~D~ ° ° op Land Use Map L[3 ® t~3 N 91 P IP ~ p t E303 ® Location Current Land Use Designation: LDe r 1f 1 LD ~ er RC RC Retail Commercial S.A. - - JD IDIFLE ROAD) DP MD RPM RC e° D Em ODo 0 000 1200 Feet ® ® i0 ` T'J Parcel base map Information provided by Dakota County Land Survey Department Decmber 2005. N Zoning Information maintained by City Staff. City of EakaIl W+E THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. S n &12C1 H 1w k -rbu~N l~ m ~s EE-] E 19-1 P2o?o SC-'D Q~ - _ _ _ - ~r Pc.q`IG2o w~tq i t -1100 cl) D z P~+~s vc N -?t1s/Cb N I€Ncc- RECEIVED APR 10 1~!$aoo9 SINVN3l L47 Blackhawk Liquor 2,015 sf Nancy Raddatz Dance Studio 1,688 sf Hildalgo Market 1,858 sf eF Genesis Chiropractic 1,478 sf CanvasTattoo Studio I1 1,131 sf 0 Southern ExposureTan C 3,959 sf m TJJ > ~r- r w -0 Kumon Learning Center ~mD 1,913 sf z z -o AVAILABLE m 0 0 1,805 sf o DD r- CP m mZip m v -G ° m AVAILABLE (n 0 0 1,749 sf Q D National Karate IITI 2,269 sf AVAILABLE 1,133 sf Groomingdales 1,104 sf Curves for Women m 2,246 sf C, m m c7 ?s~ N m 0 CD m i ROP SED OUT TO ~LAY R SCALE: 1/32"4-0" NOTE: DRAFTED BY TRACING OVER A 'TO-SCALE' SURVEYI 40:_0" - - - - - - - - - - - - - - - - - L --J A PRELIMINARY SITE PLAN KEYNOTES: E . . CLASSROOM PLAYYARD O 48" HIGH 'COATED' CHAIN-LINK FENCE ASSEMBLY TO-MATCH LOCATION LOCATION EXISTING DAY-CARE FACILITY WEST SIDE OF DRIVEWAY. GATES p p PATHWAY ETC. PER CODE. ROUTE O ENTIRE SUROUNDING AREA TO BE GRADED FOR POSITIVE Z DRAINAGE OFF OF THE PLAY SITE, INDICATED PEIMETER AREA D )f 6 D O O PROJECT LO ATIO KEY: IS SOD, APPROX. 800 W. O INDICATED CENTER AREA SURFACE MATERIAL IS WOOD CHIPS, P THWAY O t FROM _ APPROX. B00 SF. c SSRCX 5 NEW t/OR RECONFIGURED ADA-COMPLIANT CONCRETE CURB TRANSITION RAMPS WITH 24"x 48" CAST IRON TRUNCATED DOME PLATES PROVIDED BY NEENAH FOUNDRY, EAST JORDAN IRON - - WORKS OR EQUAL. PAINTED CROSSWALK STRIPING PER CODE W/ ROAD SIGNAGE INDICATING 'SCHOOL ZONE CROSSWALK-' 2 PRELIMINARY PLAY AREA PLAN I O GENERAL GRADING OF VACANT LOT TO OCCUR RETAIN ANY COMPLIMENTARY EXISTING TREES IN THE IMMEDIATE AREA. SCALE: NOTE: DRAFTED BY TRACING OVER A 'TO-SCALE' SURVEYI MONTE55ORI FOR: SCALE: 1/8'=I'-O" DRAWN/ THE ORMIN65 AND / OR SITE JOB. 2O09.IO1.O CHECKED BY: TGW/GMB SPECIFICATIONS MN MONTESSORI A.L.C. INC. j&h 4 ISSUE: DATE DATE: 09 APR 09 CON TIHEREIN ARE SOTAMONT s NORTH `fiS O STE 124-126 DIFFLEY SQUARE 6ENE515 4130 BLAGKHAWK ROAD PROPERTY OF ARCHITECTURE AND 00 EAGAN, MINNESOTA 55122-1100 A 51WJ_ NOT BE UTILIZED ACCErTmaTT+np.TQ l i 4350 Baker Road, Suite 400 OR COPIED BY OTHER Minnetonka, MN 55434 PARTIES WITHOUT PRIOR ci SQUARE FOOTAGE: STE. 124-126: 952.897.7874 Fax: 952.897.7740 MITTEN COs' U = 3,555 65F L.. 1~-' PRELIMINARY FLOOR BLDG PLAN KEYNOTES: - O THE CONTRACTOR SHALL RECONFIGURE ® THE EXISTING AND/OR FURNISH 4 INSTALL I fl{ COMMON THESE (2) PARTITIONS AS I-HOUR, UNATR / A rr PLAY AREA DECK-TO-DECK RATED ASSEMBLIES, DOOR OPENINGS PENETRATING THESE Olt 100 I I 105 PARTITIONS ARE TO BE 20-M. DOOR 4 I I 300 SF CLASSROOM BOYS 0x16' NO. I ®I I 109 FRAME ASSEMBLIES. Suite 101 ° I I _ 6'6XIl'll O THE CONTRACTOR SHALL F. 4 1. A PAIR OF HI/LOW ELECTRIC COOLING WATER I I 543 SF 124 FOUNTAINS PER MN STATE ACCESSIBILITY 1 I RAMP D'om O STANDARDS. CHECK-IN THE CONTRACTOR SHALL RECONFIGURE AREA I I - - - - - - O O THE PATHWAY OUT THE NORTH EXIT BY E@E T INSTALLING A RAMP, TRANSITIONING OFFICE APPROX. 6-7 VERT'L DROP DOWNWARD. 9'1x11'3 I-HR COW 108 101 THE CONTRACTOR SHALL SEAL THE 7 n. 129 EXISTING GARAGE DOD L - b 0x 4AITYPE FURR - - - OUT T E INTERIOR INTERIOR FACE WITH B _ o- - - - - - -s r..- D, INTERIOR PARTIN. GRID INSULATE 1 I i \ ` Td 4 THE CONTRACTOR SHALL F. 4 1. A NEW 8'-1" W. PLAM. COUNTER MOUNTED AT 34' AFF L XNGE'- WITH MATCHING BASE 4 UPPER CABINETS 4 I I I I i 106 5 NEW SINGLE BOWL S.S. SINK W/ PLUMBING Suite CLASSROOM CLASSROOM iI 1'1x12' FOR HOT 4 COLD WATER SUPPLY. 126 N1022 N103 THE CONTRACTOR SHALL MODIFY THE -4 3-6F WATER CLOSES 4 (2) SO AS TO F. 4 1. (2) - - 815 SF - - - RESTROOMIS LAVATORIES PER I RLS ADULT/CHILDREN STANDARDS, MEETING F fi ADA COMPLIANCE FOR THE ADULTS. F. 4 1. 110 ALL NORMAL ACCESSORIES 4 FINISHES T 6'4x18'0 PER MN STATE BLDG CODE. 1 1 PROJECT LOCATION KEY: PLAN FIL NORTH - PRELIMINARY FLOOR PLAN I r ©5CALEd/8c0NoTERoOMDS1ENSIONSASSkoUi4AREAFPRoXIMATE. NORTH J. _j MONTE55ORI FOR: SCALE: I/8"=1'-0" DRAWN/ TFE DRAWINGS AND / OR JOB: 2009.101.0 CHECKED BY: TGIWGMB GENESIS SPECIFICATIONS ,HMO MN MONTE55OR1 A.L.G., INC. ISSUE DATE DATE. 09 APR O4 CONTAINED HERMN ARE D STE 124-126 DIFFLEY SQUARE THE EXCLUSIVE S'p PROPERTY OF 5ENESIS 4130 BLAGKHAWK ROAD ITE""RE AND CE V ED APR 10~ EAGAN, HINNE50TA 55122-1100 CENTEP 4350 Baker Road, Suite 400 OR COPIED B OTHER ACCELERATED LF.ARNtNO ` RE 1 Minnetonka, MN 55434 PARTIES WITHOUT PRIOR SQUARE FOOTAGE: STE. 124126: U 952.897.7874 Fax: 952.897.7740 HRITTEN CONSENT. = 3$55 GSF ACCELERATED LEAILM WC CErTER Our corporation name is Minnesota Montessori Accelerated Learning Center, Inc, doing business in Eagan as Becks Montessori Accelerated Learning Center. The school has been in operation in Eagan since 1992, and has been operating out of leased space at 1985 Diffley Rd since 2002. The purpose of our business is early childhood education using the Montessori Method of education, which has been used internationally with increasing frequency for more than 100 years. Although we are for all intents and purposes a private school, we are licensed by the Minnesota Department of Human Services as a day care facility. We operate as a school from 8:30 am to 3:30 pm and have "extended care" from 6:30 am (opening) to 6:00 pm (closing). We currently have about 53 children enrolled (although only about 40 -50 children attending at any given time), and the enrollment capacity depends on the square footage and how that square footage is laid out (i.e. Classroom size and indoor and outdoor play space). Our students range in age from about 2 1 /2 years to 9 years (preschool through 3rd grade). We currently employee 6 staff at that location, including a director, teachers and assistant teachers. Our intended use at 4130 Diffley Road (Diffley Square) is to lease about 3718 square feet occupying roughly the middle of the property. We will also utilize a small portion (about 1500 square feet) of the adjoining lot (PID 10438801002) as our outdoor play area with the permission of the owners, Diffley Square Partners, daily for about an hour after the students' lunch time and another hour or so in the late afternoon (after 3:30), weather permitting. Please see attached graphic. We will open at 6:30 am and children start arriving soon after that time. The majority of our normal daily attendance of about 40 - 45 children arrive by about 8:30 am. The majority of our students leave by about 3:30, and the school closes at 6:00 pm. Our school is open year round, with the school year from September through May, and summer session June through August. We occasionally use the school in the evenings (after 6:00 pm) or on weekends for staff meetings or student programs (at least once per month). RECEIVED MAR 2 3 2009 '1517 SUSSEX COURT - SHAKOPEE, MN 55379 PHONE: (952) 402-0303 FAX: (952) 496-3232 lIV