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05/04/2004 - City Council RegularI. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA A. APPROVE MINUTES '� B. PERSONNEL ITEMS IP 1.3 C CHECK REGISTERS D. APPROVAL of a Shows License for the Eagan Lions Club - 4 of July Funfest ` P 1 E. APPROVAL of Parade Permit for Eagan Lions Club — 4 of July Parade P /6 F. APPROVE Donation of a Panasonic LCD Projector from TBS Office Automations ��g G . ACCEPT Lioness Donation of a Bench at Central Park P 1 9 H APPROVE Submittal of a Declaration of Restrictions and Covenants for Thresher Fields and Authorize Signature n1 I . APPROVE Joint Powers Agreement with Dakota County for Anderson Property J. APPROVE Purchase Agreement for Anderson Property K. APPROVE Development Contract for Patrick Eagan Park Addition i j,L. DIRECT City Attorney to prepare an Ordinance Amendment to Chapter 11 regarding Accessory Structures in a PF- fit Public Facility Zoning District tl APPROVE the Sale of City Property at the Northwest corner of Highway 3 and Diffley Road `d N. RECEIVE Petition and Order public hearing for Drainage and Utility Easement Vacation for 4648 Fairway Hills / Drive I O APPROVE Final Assessment for Project 790R (Central Parkway — Parcels 10- 22471- 010- 01 &02) . APPROVE Change Order No. 4 for Contract 02 -17, Central Parkway & Cedar Grove Redevelopment Area — Streetscaping Ca Q. RECEIVE Petition and Order Public Hearing for Installation of No Parking Signs on Wescott Woodlands. R. APPROVE Change Order #4 Contract 03 -09 (Water Treatment Plant Expansion) g S. AUTHORIZE Solicitation of Request for Proposals, Project 778 (TH 149 upgrade) T. AUTHORIZE Staff to Discontinue Evaluation of any Potential Lease /Leaseback transaction for City Water and p Wastewater Assets. / U. APPROVE Ordinance Amendment and set Permit Fee Regarding Fireworks Sales Permit i lly V. APPROVE Assignment of Judgments obtained in the lawsuit captioned Roger Reiling, et. Al. v. City of Eagan, and authorize the Mayor and Clerk to execute the Assignment of the Judgments in favor of the League of Minnesota Cities Insurance Trust u ^ 7 , W. APPROVE Revocation of Permit to Work Within Public Right -of -Way (UT -03- 09503, Xcel Energy) P p X. RECEIVE Official Mapping Proposal for Duckwood Drive and Schedule a Public Hearing (Project 669 — Ring / Road) P 133Y. Y. RECEIVE Final Assessment Roll and Set Public Hearing for Project 759R, (Cedar Grove Parkway — Street Improvements) V. PUBLIC HEARINGS AGENDA EAGAN CITY COUNCIL — REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING May 4, 2004 6:30 P.M. Swearing in of New Police Officers — Tom Weinzettel and Ben Koenke 2004 Honorable Mention Award by Dakota County Public Health Department CERTIFICATION OF DELINQUENT UTILITY BILLS CERTIFICATION OF DELINQUENT FALSE ALARM BILLS PROJECT 806R (Kennerick Addition — Storm Sewer Improvements), Final Assessment Hearing VACATE Public Drainage and Utility Easement (Lots 3, 4, & 5, Block 4, Eagandale Center Industrial Park No. 3 Addition) VII. OLD BUSINESS VIII. NEW BUSINESS P /5IZA. REZONING — CEDARSTONE DEVELOPMENT — A Rezoning of approximately five acres from A, Agriculture to R -2 Residential Double located at 1055 Wescott Road in the SW '/4 of Section 14. / /64 B. REZONING — ROBERT F. MCDONALD — A Rezoning of approximately five acres from A, Agriculture to R -1, Single Family Residential, located at 1085 Wescott Road in the SW '/4 of Section 14. f /i7 C. PLANNED DEVELOPMENT AMENDMENT — YOCUM OIL COMPANY — A Planned Development J Amendment to allow outdoor storage on Lot 5, Block 1, Thomas Lake Center, located at 1579 Cliff Road (Holiday) in the SW 1/4 of Section 28. P /g3 D. CONDITIONAL USE PERMIT — WAL -MART — A Conditional Use Permit to allow a check cashing service on Lot 1, Block 1, Town Centre 70 Eleventh Addition, located at 1360 Town Centre Drive in the NW 1/4 of Section 15. P /9 (t. E. PLANNED DEVELOPMENT AMENDMENT — ALLIANT ENGINEERING — A Planned Development Amendment to allow a drive -thru on Part of Lot 3, Hadler Park, located at 2010 Cliff Road (Walgreen's) in the NE 1/4 of Section 31. IX. LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE X. ADMINISTRATIVE AGENDA o lc(XI. ECONOMIC DEVELOPMENT AUTHORITY XII. OTHER BUSINESS RESOLUTION to Approve Amended and Restated Development Agreement with Grand Oaks LLC for the Redevelopment of Property for the Grand Oaks Five Office Park and to consider the Sale of City Owned Property for that Purpose. RESOLUTION to Approve the Relocation Agreement between the EDA and Waterproofing, Inc., a Minnesota Corporation. XIII. VISITORS TO BE HEARD (for those persons not on the agenda) XIV. CLOSED SESSION XV. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. city of eagan MEMO MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 30, 2004 SUBJECT: AGENDA INFORMATION FOR MAY 4, 2004 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the May 4, 2004 City Council agenda, the following items are in order for consideration. Agenda Memo May 4, 2004 RECOGNITIONS AND PRESENTATIONS A. Swearing in of New Police Officers FACTS: Police Chief Therkelsen will introduce new Police Officers Thomas Weinzettel and Ben Koenke to the Council and community. After a brief introduction they will be administered the oath of office by Mayor Geagan. The new officers started their employment on April 12 to fill two existing vacancies within the Police Department. Agenda Memo May 4, 2004 RECOGNITIONS AND PRESENTATIONS FACTS: B. 2004 Honorable Mention Award — Dakota County Public Health Department As part of it's annual Public Health Recognition Awards, the Dakota County Public Health Department would like to recognize the City of Eagan for receiving the 2004 Honorable Mention award in the community category. The award recognizes the City's adoption of a park policy in 2003 to restrict tobacco use during youth activities and it's commitment to a healthy environment for the community. Pat Stieg of the Dakota County Public Health Department will be at the meeting to make a presentation. Agenda Information Memo May 4, 2004 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the April 20, 2004 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the May 20, 2004 regular City Council meeting are enclosed on pages J through // . MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota April 20, 2004 AGENDA RA F T A Listening Session was held prior to the regular City Council meeting at 6:30 in the Eagan Room of the Municipal Center. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Wednesday, April 20, 2004 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers, Carlson, Fields, Tilley and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, Assistant to City Administrator Lord, City Attorney Bob Bauer and Administrative Secretary / Deputy Clerk Mira McGarvey. City Administrator Hedges noted that Fire Chief Kriha would be providing information regarding a recent grass fire in the City. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS EAGAN TEEN ADVISORY BOARD An update was provided by the Teen Advisory Board regarding their efforts to engage the teen community in activities at the Community Center. FIRE DEPARTMENT UPDATE Fire Chief Kriha discussed the details of a fire on May 14 at the Minnesota River bottom. CONSENT AGENDA Items B, D, H, I, 0, and P were pulled from the Consent Agenda for discussion. Councilmember Maguire moved, Councilmember Fields seconded a motion to approve the balance of the Consent Agenda. Aye:5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the April 7, 2004 regular City Council meeting, and the April 13, 2004 special City Council meeting as presented. B. Personnel Items. 2. It was recommended to approve the hiring of two persons to be recommended for hire as Police Dispatchers, contingent upon successful completion of the City's required physical, psychological and drug testing. 3. It was acknowledged that two persons approved to be hired as Utility Maintenance Workers at the April 7, 2004 City Council meeting are Jay Morgan and Rick Nelson. 4. It was recommended to approve the hiring of Christopher Buntjer, Deb Buntjer, Melissa Buntjer, Meghan Chappuis, Erik Johnsen, Gabrielle Johnson, Tori Julian, Nick Landauer, Christie Mason, Matthew Mason, Mike Mason, Rachel Nygaard, Jill Petsinger, Alexander Phillips, Austin Phillips, Conor Pierce, Erin Severson, Lindsay Severson, Jessica Sjoberg, Amber Stevenson, Kevin Stevenson and Julie Wavrunek as part -time seasonal concessions workers. 5. It was recommended to approve the change in status of the Preschool Program Coordinator position from Full -time Exempt to Part -Time Non - Exempt. s Eagan City Council Meeting Minutes April 20, 2004 Page 2 6. It was recommended to approve a letter of agreement with the Clerical Bargaining Unit (Teamsters Local 320) to establish provisions for their unit members for a Health Care Savings Plan. 7. It was recommended to approve contracting with the firm of Riley, Dettmann & Kelsey to use the RDK Job Evaluation System to perform job evaluations for positions at the City for Eagan during 2004. C. Check Registers. It was recommended to ratify the check registers dated April 8, 2004, and April 15, 2004 as presented. D. Arbor Day. E. Agreement. It was recommended to authorize the Mayor to sign a License Agreement with Northwest Airlines allowing installation of plant materials by the City on a portion of N WA property as part of the annual Arbor Day celebration. F. Agreement. It was recommended to approve an agreement between the Eagan Community Center and Heart Health Living, P.A. to provide cardiac rehabilitation maintenance program services and direct the Mayor and City Clerk to sign the agreement document. G. Final Payments — Community Center. It was recommended to approve final payment for contracts completed for the Community Center project. H. Temporary Liquor License I. Findings of Fact. J. Contract 03 -12. Receive the bids for Contract 03 -12 (TH 13 & Silver Bell road — Intersection Improvements) and award the contract to Eureka Construction, for the Base Bid in the Amount of $612,768.89, and authorize the Mayor and City Clerk to execute all related documents. K. Project 901. It was recommended to receive the Feasibility Report or Project 901 (Blue Cross / Blue Shield Well Field Development). L. Agreement. It was recommended to approve an agreement between the City of Eagan on behalf of the Eagan Teen Advisory Board and the Eagan Foundation, Inc. to allow the Eagan Foundation to serve as fiscal sponsor for the Eagan Teen Advisory Board and direct the Mayor and City Clerk to sign the agreement document. M. Final Subdivision and Final Planned Development. It was recommended to approve a Final Subdivision to create 35 single family lots (Terra Glenn Addition) and outlots on property east of Blue Cross Blue Shield, South of Yankee Doodle Road west of the City of Eagan Maintenance Facility in the NW '/4 of Section 16. N. Amended Resolution to DNR Grant. It was recommended to approve an amended DNR Remediation Grant Application and Authorize Signature for Submission. 0. Airport Relations Commission Communications Plan. This item was moved to the Administrative Agenda P. Tobacco License. B. Personnel Items. a. Accept the Letter of Resignation from Rick Swanson Police Captain, who will be retiring in September of this year after over 29 years of employment with the City of Eagan. Captain Swanson was recognized by the Council and thanked for his years of service. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve item B of the consent agenda — Personnel Items. Aye: 5 Nay: 0 D. Arbor Day. It was recommended to acknowledge Eagan as the recipient of the 2003 Tree City USA Award from the National Arbor Day Foundation, and approve the Arbor Day Resolution setting Saturday, May 1 as Arbor Day and May, 2004 as Arbor Month in the City of Eagan. Councilmember Maguire encouraged the public to attend the Arbor Day festivities. Councilmember Maguire moved, Councilmember Tilley seconded a motion to acknowledge Eagan as the recipient of the 2003 Tree City USA Award from the National Arbor Day Foundation, and approve the Arbor Day Resolution setting Saturday, May 1 as Arbor Day and May, 2004 as Arbor Month in the City of Eagan. 6 Eagan City Council Meeting Minutes April 20, 2004 Page 3 H. Temporary Liquor License for the Eagan Foundation. City Administrator Hedges stated that in previous years the Eagan Foundation had requested that fees be waived for their annual wine tasting event. This year, due to concern regarding budgetary constraints faced by the City, the Foundation submitted the $150.00 fee. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a temporary liquor license for the Eagan Foundation. Aye: 5 Nay: 0 I. Findings of Fact, Conclusions and Resolution of Denial for a Conditional Use Permit and setback Variance for a pylon sign requested by Realty Designs, Inc. for property located at 3902 — 3938 Cedar Grove Parkway. City Administrator Hedges stated that the applicant's attorney submitted a request for continuance of this item. Councilmember Tilley moved, Councilmember Fields seconded a motion to continue consideration of the Findings of Fact, Conclusions and Resolution of Denial for a Conditional Use Permit and setback Variance for a pylon sign requested by Realty Designs, Inc. for property located at 3902 — 3928 Cedar Grove Parkway until the May 18, 2004 Council meeting. Aye: 5 Nay: 0 P. A License to Sell Tobacco Products for Al Baker's Restaurant. Councilmember Tilley suggested that discussion be held at a worksession regarding banning smoking in restaurants. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve a License to Sell Tobacco Products for Al Baker's Restaurant. Aye: 4 Nay: 0 Abstain: Tilley APPOINTMENT OF ADVISORY COMMISSION MEMBERS City Administrator Hedges discussed the interview process that had taken place on April 13, 15 and 19, 2004. Assistant to the City Administrator Lord went on to explain the ballot matrix that would be used for voting on members for each commission. Councilmembers were provided with ballots. The results were as follows: Advisory Planning Commission Ted Gladhill Duane Bendt Steven Chavez Peter Dugan Paul Leeder Jennifer Matthees 3 year term 3 year term 3 year term 2 year term 1 year term 1 year alternate term Advisory Parks and Recreation Commission Margo Danner Mark Filipi Muhammad Lodhi Duane Hanson 3 year term 3 year term 3 year term 1 year alternate term DRAF Eagan City Council Meeting Minutes April 20, 2004 Page 4 Economic Development Commission Nadim Zoberi Greg Wilken Kimberly Feller Christopher Nelson Airport Relations Commisson Dean Hachnel Dan Flanagan Valerie Dosland Jason Bonnet 3 year term 3 year term 1 year term 1 year alternate term 3 year term 3 year term 3 year term 1 year term Burnsville /Eagan Telecommunications Commission Michael Owens 1 year alternate term Councilmember Tilley moved, Councilmember Maguire seconded a motion to ratify appointments to the advisory commissions. Aye: 5 Nay: 0 PUBLIC HEARINGS PROJECT 851, TOWN CENTRE AREA STREET AND ACCESS MANAGEMENT IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the Final Assessment Roll for Town Centre Area street and access management improvements. Public Works Director Colbert gave a staff report. He noted that one objection letter has been received. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the Final Assessment Roll for Project 851 (Town Centre Area — Street & Access Management Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 882, CRESTRIDGE LANE STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING DRAFT City Administrator Hedges introduced this item regarding the final assessment roll for Crestridge Lane street overlay improvements. Public Works Director Colbert gave a staff report. He noted that one written objection had been received. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the Final Assessment Roll for Project 882 (Crestridge Lane — Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes April 20, 2004 Page 5 NEW BUSINESS PRELIMINARY SUBDIVISION (SCHWANZ ADDITION) — WENZEL FINANCIAL Richard LeMay, 1385 Jurdy Road, expressed his opposition to the proposed access from Jurdy Road. DRAFT City Administrator Hedges introduced this item regarding the Preliminary Subdivision (Schwanz Addition) to create 8 twin home lots for property located at 3200 Pilot Knob Road and a 3 percent Variance to allow lots 2 through 7 a building coverage of 23 percent. City Planner Ridley gave a staff report. The City Council and staff discussed the Jurdy Road and Pilot Knob Road intersection and the Dakota County requirement prohibiting direct access from the site to Pilot Knob Road. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Schwanz Addition) to create 8 twin home lots for property located at 3200 Pilot Knob Road, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by council on February 2, 1993: Al, B1, 2, 3,4, Cl, 2, 4, D1, E1. 2. The property shall be platted. 3. Architectural designs and construction within the development would incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 65 DNL (based on the inside boundary of the noise zone). This would require an inside noise level reduction of at least 20 dBA 4. Sewer and water service pipes to the existing house to be removed (3200 Pilot Knob Road) shall be abandoned in accordance with City engineering standards. 5. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 6. The developer shall obtain the necessary public drainage and utility easement allowing for the proposed storm sewer and ponding area on Lot 2, Block 1 Effress Addition, prior to final subdivision approval. 7. The developer shall provide evidence of a private easement agreement allowing for the private street turnaround on Lot 2, Block 1 Effress Addition, in a form acceptable to the City Attorney, prior to final subdivision approval. 8. The development is subject to cash park and trails dedication. 9. The developer shall provide evidence of a declaration of easement establishing the access to the lots and maintenance of the private road. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a 3 percent Variance to allow lots 2 through 7 a building coverage of 23 percent, for the Schwanz Addition subject to the following condition. Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. 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. INTERIM USE PERMIT — SOWLES PROPERTIES City Administrator Hedges stated that the applicant has requested consideration of an Interim Use Permit be continued. 9 Eagan City Council Meeting Minutes April 20, 2004 Page 6 Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of an Interim Use Permit for Sowles Properties to the May 18, 2004 City Council meeting. Aye: 5 Nay: 0 ORDINANCE AMENDMENT — CITY OF EAGAN City Administrator Hedges introduced this item regarding a proposed Ordinance Amendment modifying Chapter 13, Section 13.40, Subd. 3, regarding Variances. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Maguire seconded a motion to adopt an Ordinance Amendment modifying Chapter 13.40, Subd. 3, regarding Variances. Aye: 5 Nay: 0 DIRECTION REGARDING RETAIL SALES OF NON - EXPLOSIVE/NON AERIAL FIREWORKS PERMIT AND FIREWORKS DISPLAY PERMIT City Administrator Hedges introduced this item regarding a request by Community Development Department staff for direction regarding the licensing of the sale of fireworks and permits for firework displays. Community Development Director Hohenstein and Chief Building Official Schoeppner gave a staff report. Discussion was held regarding specifics of the permitting process such as the location of temporary tents, duration and fees for permits and the possibility of issuing conditional use permits. Staff was directed to provide additional information to the council while proceeding with the preparation of an ordinance amendment. ADMINISTRATIVE AGENDA DRAFT 2004 -2005 EAGAN AIRPORT RELATIONS COMMISSION COMMUNICATIONS PLAN Councilmember Fields acknowledged the work that was done on the 2004 -2005 Eagan Airport Relations Commission Communications plan by the Commission and by Assistant to the City Administrator Lord. Discussion was held regarding notification of residents living in effected areas. It was agreed that further discussion should be held with the Airport Relations Commission. Councilmember Tilley moved, Councilmember Maguire seconded a motion to continue consideration of the 2004- 2005 Eagan Airport Relations Commission Communications Plan until a worksession in June. Aye: 5 Nay: 0 RESOLUTION IN SUPPORT OF THE MSP NOISE OVERSIGHT COMMITTEE RECOMMENDATION FOR NOISE MITIGATION IN RESIDENTIAL AREAS. Assistant to the City Administrator Lord provided background information regarding the MSP Noise Oversight Committee recommendation for noise mitigation in residential areas. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a resolution in support of the MSP Noise Oversight Committee recommendation for noise mitigation in residential areas. Aye: 5 Nay: 0 DEPARTMENT OF NATURAL RESOURCES METRO GREENWAYS GRANT AGREEMENT City Administrator Hedges provided an overview of the Department of Natural Resources Metro Greenways Grant Agreement. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Department of Natural Resources Metro Greenways (LCMR) Grant Agreement and authorize the Mayor and City Clerk to execute the agreement subject to the City Attorney's satisfaction wit he agreement form. Aye: 4 Nay: 0 Carlson abstained. Councilmember Carlson moved, Councilmember Fields seconded a motion to recess the regular Council meeting and immediately convene a closed session meeting at 9:45 p.m. Eagan City Council Meeting Minutes April 20, 2004 Page 7 The regular City Council meeting was reconvened at 10:10 p.m. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 10:30 p.m. Date Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675 -5000, (TDD phone: (651) 454- 8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. // DRAFT Agenda Information Memo May 4, 2004 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Seasonal Water Resources Assistant- - ACTION TO BE CONSIDERED: To approve the hiring of Abby Korte as a seasonal water resources assistant. Item 2. Part -time Building Attendant /Concessions - Community Center — To approve the hiring of Erik Johnsen as a part-time building attendant /concessions worker at the Community Center. Item 3. Resignation /Construction Supervisor- - ACTION TO BE CONSIDERED: To accept the letter of resignation from Stan Lexvold, Construction Supervisor. /.2 Agenda Information Memo May 4, 2004 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated April 22, 2004 and April 29, 2004 as presented. ATTACHMENTS: • Check registers dated April 22, 2004 and April 29, 2004 are enclosed without page number. /3 Agenda Memo May 4, 2004 CONSENT AGENDA: D. Shows License for the Eagan Lions Club — 4th of July Funfest ACTION TO BE CONSIDERED: Approve a Shows License for the Eagan Lions Club to hold the 4 of July Funfest at the Eagan Community Center on July 2 — 4 and waive application fees. FACTS: • The Eagan Lions Club has applied for a shows license for the 4 of July Funfest to be held July 2 — 4 during the hours of 10 a.m. to midnight. • The 4 of July Funfest is an annual City event featuring a parade, carnival, street dance, food booths, fireworks and other events. • All requirements of the application have been met. • The Police Department has reviewed the application and sees no reason to deny Agenda Memo May 4, 2004 CONSENT AGENDA: E. Parade Permit For Eagan Lions Club 4th Of July Parade ACTION TO BE CONSIDERED: Approve a Parade Permit for the Eagan Lions Club to hold a parade on July 3, 2004 and waive the application fee. FACTS: • The Eagan Lions Club has applied for a Parade Permit to hold a parade on July 3, 2004 beginning on Yankee Doodle Road and Blue Cross Road, going east on Yankee Doodle and then turning north at Central Parkway to the Eagan Community Center. • The parade will be held from 10:00 a.m. to 1:00 p.m. • All requirements of the application have been met. • The Police Department has reviewed the application and sees no reason to deny Zs Agenda Memo May 4, 2004 CONSENT AGENDA: F. Donation of LCD Projector from TBS Office Automations ACTION TO BE CONSIDERED: Adopt Resolution Accepting Donation of a Panasonic LCD Projector for use by the City of Eagan from TBS Office Automations. FACTS: • TBS Office Automations is located at 915 Blue Gentian Road • The City Clerk and Deputy Clerk attended a workshop at TBS relating to document imaging and management on April 7` • A drawing was held from the names of all attendees at the workshop for several items to be given away • The City Clerk's name was one of the names drawn and a Panasonic LCD Projector was awarded to the City of Eagan ATTACHMENT: • A copy of the proposed resolution is attached as page number / 9 . /6 RESOLUTION CITY OF EAGAN ACCEPTANCE OF 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, TBS Office Automations, 915 Blue Gentian Road, would like to donate a Panasonic LCD Projector for use by the City of Eagan; 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 Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks TBS Office Automations for the gracious and generous donation. ADOPTED this 4th day of May, 2004. Motion by: Seconded by: Those in Favor: Those Against: Date: May 4, 2004 /7 CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Agenda Memo May 4, 2004 Eagan City Council Meeting Consent Agenda G: ACCEPT LIONESS DONATION OF A BENCH AT CENTRAL PARK ACTION TO BE CONSIDERED: Approve the acceptance of a donation from the Eagan Lioness for the purchase of a park bench to be installed in Central Park FACTS: • The master plan for Central Park includes the installation of several benches throughout the park, the style of which has been preselected to ensure continuity. • Donations, for the purchase of benches or other approved park amenities, are encouraged. • The Lioness have expressed an interest in purchasing a bench for installation in Central Park at a location consistent with the master plan. • A small engraved plaque recognizing the donation having been made by the Lioness will be mounted on the bench. • The cost of a bench including materials for installation is $1250. ATTACHMENTS: None /8 Agenda Memo May 4, 2004 Eagan City Council Meeting Consent Agenda H: APPROVE SUBMITTAL OF A DECLARATION OF RESTRICTIONS AND COVENANTS FOR THRESHER FIELDS AND AUTHORIZE SIGNATURE ACTION TO BE CONSIDERED: Approve the submission of the required "Declaration of Restrictions and Covenants" for Thresher Fields as required by the MPCA and authorize the signature of the Mayor. FACTS: • The Thresher Fields property was acquired through tax forfeiture proceedings. A portion of the City property upon which Thresher Fields is constructed was once the site of unlicensed dumping of construction debris and rubble. • The City in cooperation with the MPCA, through the VIC Program, and Dakota County has conducted a variety of environmental tests over the past seven years which have found no threat to the public. • The City has implemented and completed an MPCA and County approved "Closure Plan" for the site and been issued a `No Further Action" letter from the MPCA. • The MPCA and Dakota County have authorized the City to develop the property as a park and reviewed the development plans. • The filing of a "Declaration" which will stay with the property record as notice to any future owner of the property is a requirement of the MPCA. • The form and content of the `Declaration" have been reviewed and approved by the City Attorney and MPCA. ATTACHMENTS: • "Declaration" document, pg _____ . /9 DECLARATION OF RESTRICTIONS AND COVENANTS AND AFFIDAVIT CONCERNING REAL PROPERTY CONTAMINATED WITH HAZARDOUS SUBSTANCES THIS DECLARATION AND AFFIDAVIT is made by Pat Geagan and Maria Petersen, Mayor and Clerk of the City of Eagan, Minnesota, a Minnesota municipal corporation, on behalf of the municipal corporation. The facts stated herein by the City of Egan are stated under oath and are intended to fulfill the disclosure requirements of Minn. Stat. § 115B.16, subd. 2(2002) WHERE S, the C of ga a Minnesot Municipal Corporation is the fee owner of certain re property ° at h.'a be declared to forfeit, located in Dakota County, Minnesota, as scribed h `'er (the Property "); and WHEREAS, because the site had once been used for unlicensed disposal of solid waste consisting primarily of demolition debris and soil, and there was anecdotal evidence that contaminants may have been deposited on the Property, the City enrolled in the Minnesota Pollution Control Agency, MPCA, "VIC" program in 1995; and WITNESSETH WHEREAS, during the course of subsurface and groundwater testing conducted in 1996 and 1997 by Northern Environmental, a contractor hired by the City, elevated concentrations of polynuclear aromatic hydrocarbons, silver and lead were identified in soils on the Property; and WHEREAS, the MPCA approved the City's Site Action Plan (Exhibit C) dated May 2002, said Action Plan being specific to the conditions found on the Property, being specific pursuant to the Minnesota Environmental Response and Liability Act, Minn. Stat § 115B (the "Act "); and WHEREAS, on February 5, 1998 the MPCA issued a "No Further Action" Determination (Exhibit D) specific to the soils of the Property indicating that the slightly elevated levels of pollutants and contaminants found in the soils did not warrant additional actions or reporting, contingent upon the placement of a Restrictive Covenant on the property; and NOW, THEREFORE, the City makes the following declarations as to limitations, restrictions and uses to which the subject property may be put, and specifics that such declarations shall constitute covenants to run with the Property as provided by 1 ao law and shall be binding on all parties who may now or hereafter have or hold any right to said property and all persons making claim under them: 1. Definition of "Property" and "Restricted Area" a. As used herein, "Property" means the real property owned by the City legally described as Township 27 North, Range 23 West, Section 11, Eagan, Minnesota in Dakota County, Minnesota, as shown on Exhibit "A" attached and herein incorporated by reference. b. As used herein "Restricted Area" means those areas of the Property depicted and identified on the map attached hereto as Exhibit `B" and made a part hereof by reference legally described as follows: All that part of Outlot A, Gopher Eagan Industrial Park 3 Dakota County, lying west of the following described line: Commencing at the southwest corner of said Outlot A, thence north 89 degrees, 55 feet 30 inches east along the sou s± line of de,' ees 2 • • ZV Outlot A, a distance of 721.39 feet, t feet 11 inches west, a is ce �, 48: feet, to beginning of the li to be de rib degrees 2 feet 11 ches, we t to t northerly line of ,► id Outlot 2. Restrictions .2/ 2 epos of the , t "= " " e continui north 0 inteection with , e there ending. Subject to the terms and conditions of this Declaration and the reservations and covenants contained herein, the City hereby declares and imposes the following restrictions ( "Restrictions ") on the Restricted Area(s): Except as described herein, no disturbance or alteration of any nature whatsoever specifically including, but not limited to, grading, excavation, boring, drilling, or construction shall occur on, above, beneath or within thirty (30) feet of the Restricted Area(s) without the prior written approval of the Commissioner of the MPCA or their successor (The "Commissioner "). The Commissioner's approval may include conditions which the Commissioner deems reasonable and necessary to protect the public health or welfare or the environment, and shall not be unreasonably withheld. The Restrictions do not apply, and no prior approval of the Commissioner shall be required, to activities on that portion of the Property outside of the Restricted Area(s), including maintenance of the cover in accordance with the MPCA approved response action plans, or repair of existing buildings, structures, underground sewer, water, electrical or telephone services, or installation of fencing and signage, when such activities are not expected to or not reasonably likely to result in disturbance of or instruction into soil/ground water /surface waters within the Restricted Area(s). Within 60 days after receipt of a written request for approval to engage in any activities subject to the Restrictions, the MPCA shall respond, in writing, by approving such request, disapproving such request, or requiring that additional information be provided. A lack of response from the Commissioner shall not constitute approval by default or authorization to proceed with the proposed activity. 3. Improvements and Mitigation a. Development Beginning in 2003 the City shall develop the Property as an athletic park in accordance with the plan prepared by the City and guidelines established by the MPCA and in accordance with the approved Site Action Plan. Said development shall not disturb the Restricted Area other than to cover certain portions with a clean fill or impervious surface. Additional best management practices have been incorporated into the plan to prevent erosion and infiltration in the Restricted area. Within the Restricted Area on the fill sl e, exi in R' eroon hills and gullies were selectively filled during 2003 with rock and soil i'duce the potential for erosion. The existing drainage ravine was modified to facilitate a new drainage system consisting of an upland retention pond and controlled overflow. Plant materials were added for additional stabilization. All work being completed in the manner outlined in the Site Action Plan approved by the MPCA. b. Slope Mitigation c. Clean Up Non - demolition surface debris was collected and removed from the site during 2003 in accordance with MPCA directives. The existing large concrete rubble pieces were left in place to protect the integrity of the slope except that those pieces with a high potential to roll may be removed, and will be monitored on a continual basis, as feasible. Metal reinforcement bars protruding from the concrete rubble on the slope will be removed as feasible. d. Asbestos Removal During 2003, a survey of the site was conducted by a State of Minnesota accredited Asbestos Inspector. Several small areas of surficial, low level asbestos were 3 identified. The contaminated materials consisting primarily of roofing debris was subsequently removed by a State of Minnesota licensed abatement contractor. e. Inspection Beginning in 2004, an annual inspection of the enti site in u• ng to slope, pond, parking lot and field area will be conducted by the C . Shou • any erosion or other failure be identified, the appropriate remedial action wi taken in accordance with the MPCA approved action plan. f. Testing Beginning in 2004 and thereafter on an annual basis, a groundwater sample will be taken from an existing monitoring well located at both the bottom and top of the fill slope. Said samples will be analyzed for specific parameters as specified by the MPCA guidelines for groundwater quality. After three years the need for continued testing will be reassessed. The need for remedial action will be determined in consultation with the MPCA and Dakota County. Any unused wells will be closed and sealed upon the conclusion of testing. 4. Recording of Declaration of Restrictions and Covenants Upon completion of site development, waste removal, slope stabilization, asbestos removal and other activities included in the MPCA approved Site Action Plan, as prepared by the City, this "Declaration" shall be filed with the Dakota County Recorder's Office. 5. Covenants The City hereby covenants that the Property shall not be held, transferred, sold, conveyed, occupied, altered, or used in violation of the Restrictions set forth in Section 2 and the Maintenance Requirements set forth in Section 3 of this Declaration. 6. Reservations Nothing contained in this Declaration shall in any way prohibit, restrict or limit the City, its successors or assigns, from fully conveying, transferring, occupying or using the Property for all purposes not inconsistent with the Restrictions and Maintenance Requirements. 4 013 7. Duration; Amendment In accordance with Minn. Stat. § 115B.17, subd. 15 and Minn. Stat. § 84C.02 ©, this Declaration and the covenants, grants and Restrictions herein are unlimited in duration unless terminated, released and/or amended with the written consent of the Commissioner or her/his successor, such consent not to be unreasonably withheld. Notwithstanding the foregoing, this Declaration and the covenants, grants and Restriction set forth herein may be terminated, released and/or amended if upon the occurrence and satisfaction of the following conditions: a. soil and groundwater sampling is conducted on the Restricted Area(s) of the Property with prior written notice to and in accordance with a plan approved by the MPCA, such approval not to be unreasonably withheld; and b. based on such samples the MPCA certifies that contaminants in the soil and/or groundwater located within the Restricted Area(s) no longer pose a potential threat to public health or welfare or the environment. This Declaration, and the covenants, grants and restrictions set forth herein may be amended if the MPCA finds that the conditions set forth in Section 2 of this Declaration are inadequate to achieve or maintain an acceptable level of risk to human health and/or the environment as set forth in the decision document or VIC determination. If the City and the Commissioner agree to amend this Declaration, the Commissioner shall, within 60 days after receipt of written request from the owner of the Property, shall execute and deliver to the City an instrument in recordable form, terminating, releasing, or amending this Declaration. 8. Grant and Covenants to MPCA: Right of Entry Subject to the terms and conditions of this Declaration, the City grants and conveys to the MPCA and its agents such rights and interest in the Property necessary and convenient to enforce the Restrictions set forth in Section 2 of this Declaration, including the right of the MPCA, its agents, contractors, and subcontractors and its successors, upon reasonable notice to the then - current owner and at reasonable times, to enter from time to time upon the Property to inspect the Restricted Area(s) and verify compliance with the Restrictions. The Restrictions declared and the rights and interest granted under this Declaration of Restrictions shall run with the Property and bind the 5 City, its successors or assigns, all present or future owners of the Property, and who now or hereafter have or hold any right, title or interest in or to the Prope 9. Emergency Procedures Notwithstanding Paragraph 2 herein, the City covenants that the procedures set forth below shall be followed when an emergency requires immediate excavation of contaminated soil or sediment in the Restricted Areas to repair utility lines or other infrastructure on the Property, or to respond to other types of emergencies (e.g. fires, floods): a. notify the Minnesota Duty Officer immediately of obtaining knowledge of such emergency conditions; the current phone numbers for the Duty Officer are 1- 800 - 422 -0798 (Greater Minnesota only); (651) 649 -5451 (Twin Cities Metro Area and outside Minnesota); fax (any locations) (651) 296 -2300 and TDD (651) 297 -5353 or 800 - 627 -3529. b. Limit disturbance of contaminated media to the minimum reasonably necessary to adequately respond to the emergency. c. undertake precautions to minimize exposure to workers and neighbors of the Property to contaminated media (e.g. provide appropriate types of protective clothing for workers conducting the excavation, and establish procedures for minimizing the dispersal of contaminated dust); and d. prepare and implement a plan to restore the Property to a level that protects public health and the environment. Submit to the MPCA a copy of such a plan for review and approval prior to implementation of the plan. Submit a follow -up report after the plan is implemented so that the MPCA can determine whether protection of the public health and the environment has been restored. 10. Disclosures The Restrictions set forth in Section 2 of this Declaration shall be incorporated in full or by reference into all instruments conveying an interesting and/or a right to use the Property (e.g., easements, mortgages, leases). [THE REMAINING PORTION OF THIS PAGE IS LEFT BLANK INTENTIONALLY] �S Whereof, this instrument has been executed on this day of , 2003. STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) ACKNOWLEDGMENT 7 as CITY OF EAGAN By: Pat Geagan Its: Mayor By: Maria Petersen Its: City Clerk The foregoing instrument was acknowledged before me this day of , 2003, by PAT GEAGAN and MARIA PETERSEN, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledge before me this day of , 20 _, by James L. Warner, under the authority of Sheryl A. Corrigan, the Commissioner of Minnesota Pollution Control Agency, a Minnesota body politic, on behalf of the State of Minnesota. THIS INSTRUMENT WAS DRAFTED BY: [Name and address of person or corporation who drafted this document for the Owner] g: \parks03 \declaration of restrict. and covenants 8 Accepted on b Minnesota Pollution Control Agency Pursuant to Minn. Stat. § 115B.17, subd. 15 By James L. Warner, P.E. Director Majors and Remediation Division Delegate of the Commissioner of the Minnesota Pollution Control Agency Notary Public P'0 0 0 m z N a ro � F • @ S A 4 N nF o F �a n r • 3 ft tTl1Y. YULLU lO CU1Vl'KUL a t.°° 67j0 / Upo 4407 »s .GJ IQ 008 •. i. iii �uvu iv JJ 1'A_1 UJILJUJI U i 01L-0L POND • r a✓ 0 �'hres o Fields 721.39' N 89 °55'30" 0 0 W V A Ar1 EUTLOT H All that part of Out lot A, Gopher Eagan Industrial park 3rd, Dakota County, lying west of the following described line: Commencing at the southwest corner of said Outlot A, thence North 89 °55'30" East along the south line of Outlot A, a distance of 721.39', thence North 0 °02'11" West a distance of 485.00' to the point of beginning of the line to be described, thence continuing North 00 °02'11" West to the intersection with the northerly line of said Outlot A and there ending. YANKEE DOODLE ROAD ran. ruLLU11UI' l.U1N1l(UL OUTLOT G 1 STOCKPILE TA S EXHIBIT Environmental Management Barry C Schade Director Dakota County Western Service Center 14955 Galaxie Avenue Apple Valley, MN 55124 952.891.7557 Fax 952.891.7588 www.co.dakota.mn.us Printed on recycled paper with 30% post - consumer waste. AN EQUAL OPPORTUNITY EMPLOYER May 24, 2002 Paul Olson Superintendent of Parks City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 -1897 Dear Mr. Olson: Thank you for your letter dated May 22, 2002, regarding the North Park (Borchert- Ingersol) property. The "Site Action Plan," which was attached to your letter adequately addresses the six remaining issues of concern at the North Park site. (Erosion control /stabilization, debris cleanup, asbestos survey, groundwater monitoring, annual inspection, and deed notification). As I indicated in my recent e-mail to you, before you resume groundwater monitoring at the site, I would appreciate the opportunity to have our staff review the proposed parameters. I look forward to working with you as the City of Eagan completes the Site Action Plan at North Park. Should you have any questions, or to contact me regarding any work at the site, please call me at 952 - 891 -7555. Sincerely, Jeff Harthun Deputy Director Dakota County Environmental Management Department Enclosure C: Ken Vraa, Director of Parks and Recreation, City of Eagan 30 E.44t G NORTH PARK SITE ACTION PLAN Action #1) Erosion Control/Stabilization • Small quantities of a rock mulch will be selectively placed in existing rills and gullies to reduce the potential for additional erosion. • The existing drainage ravine located on the north end of the slope will be filled as part of the installation of the storm water drainage system. Water will be carried in a buried pipe. • Plant materials appropriate for erosion control and stabilization will be introduced into areas of the slope void of significant vegetation. Action #2) Debris Cleanup • Nondemolition surface debris will be collected and removed from the site. Concrete rubble will be left in place to protect the integrity of the slope except that pieces with a high potential to roll may be moved as feasible. • Metal bar protruding from the concrete rubble will be cut flush and removed. Action #3) Asbestos Survey • Prior to the implementation of the development plan, the site will be surveyed by a licensed asbestos surveyor to determine if asbestos is present. Should asbestos be identified, the appropriate remedial action will be taken. Action #4) Groundwater Monitoring • On an annual basis, a ground water sample will be taken from an existing monitoring well located at both the top and bottom of the slope and analyzed using specified parameters. After three years, the need for testing will be reassessed. Any unused test wells will be closed and sealed at that time. Action #5) Annual Inspection • The City will conduct an annual inspection of the slope for signs of new erosion or instability. Should any be identified, the appropriate remedial action will be taken. Action #6) Deed Notification • Upon completion of the waste removal, slope stabilization and development a "Solid Waste Disposal Site Disclosure Record" will be filed with the Dakota County Recorder's office. NOTE; The Chronology of the "Actions" is not reflected by the order or number 3/ February 5, 1998 Mr. Ken Vraa Park and Recreation Director City of Eagan 3501 Coachman Point Eagan, Minnesota 55122 Minnesota Pollution Control A RE: Borchert- Ingersoll Property Site MPCA Project Number VP7290 Dear Mr. Vraa: The Minnesota Pollution Control Agency (MPCA) staff in the Voluntary Investigation and Cleanup (VIC) Unit has reviewed the documents submitted (Site Documents) regarding the property located at T27N, R23W, Sec 11, in Eagan, known as the Borchert- Ingersoll property (the Site). The Site Documents reviewed to date include the following: 1. "Results of Step 1 Environmental Investigation," prepared by Northern Environmental (Northern), dated August 12, 1996; 2. "Results of Groundwater Monitoring Well Installations and Sampling," prepared by Northern, dated January 22, 1997; 3. A letter from Paul Olson of the city of Eagan to Joe Otte, of the MPCA, dated February 28, 1997, with attached aerial photo and topographic history as well as interview documentation; 4. A faxed document to MPCA staff from Paul Olson of the city of Eagan regarding surface soil samples collected at the Site, dated July 14, 1997; 5. A faxed document to MPCA staff from Steve Robertson of Northern regarding diesel range organics (DROs) chromatograms; 6. "Results of the Soil and Groundwater Investigation," prepared by Northern, dated November 6, 1997; and 7. Various correspondence contained in MPCA files. 520 Lafayette Rd. N.; St. Paul, MN 55 2) 296 -6300 (Voice); (612) 282 -5332 (TTY) Regional Offices: Duluth • Brainerd • Detroit Lakes • Marshall • Rochester Equal Opportunity Employer • Printed on recycled paper containing at least 20% fibers from paper recycled by consumers. EXI4i11,1T Mr. Ken Vraa Page 3 February 5, 1998 • The soil investigation revealed that six PAHs slightly exceeded existing MPCA Tier I soil leaching values (SLVs) which are based on a soil to groundwater leaching pathway (see Attachment B). The derivation of these screening numbers are based on a sandy, shallow water table scenario. These numbers are intended to be used as indicators as to whether additional soil evaluations are needed. These impacts did not appear to be consistent across the Site. PAH impacts are often associated with demolition/construction debris in the form of asphaltic products (roofing shingles, roofing pitch, etc.). Additionally, fragments of coal were noted in the November 1997 investigation which could also result in the detection of PAHs in a laboratory soil analysis. The expected sources of PAHs under this setting do not generally represent a leaching problem. The fact that PAHs were not detected in ground water supports the conclusion that the observed soil impacts do not pose a soil to ground water leaching concern. Ground -water investigation of the Site has consisted of the sampling of five temporary monitoring points and four permanent monitoring wells. Chemical analyses conducted on ground -water samples collected from the temporary monitoring points and the three rounds of sampling from the monitoring wells has revealed low levels of VOCs and DROs at up to 3, 100 parts per billion (ppb) and lead up to 56 ppb (Identified Release in Ground Water). The VOCs detected (maximum concentrations detected noted in parentheses) were chloromethane (4.9 ppb) and 1,1 dichloroethane (.71 ppb). MPCA staff believe the Identified Release in Ground Water does not pose a concern for the following reasons: • The two VOCs detected in MW -2 (chloromethane and 1,1- dichloroethane) did not exceed any applicable drinking water criteria or surface water standards. Water quality criteria reviewed included Minnesota Department of Health's (MDH) Health Risk Limits (HRLs); MDH Health Based Values (HBVs); the US Environmental Protection Agency's (EPA) Maximum Contaminant Levels (MCLs); EPA Lifetime Health Advisory Values; and Minnesota Rules Part 7050.0220 Surface Water Standards. • DRO compounds were detected at elevated levels in MW -4 (both rounds) and MW -5 (second round only). MW -4 displayed consecutive concentrations of 3,100 ppb and 370 ppb, and MW -5 displayed a concentration of 140 ppb. It was cited in Site Document #2 that the DROs detected from MW -4 during the first sampling round displayed high boiling point hydrocarbons. However, PAH analyses conducted on ground -water samples collected from the monitoring points on -site did not reveal any detections of higher boiling point compounds. Additionally, no petroleum - related VOCs were detected on Site. 33 1. Reservation of Authorities 3. Letter Based on Current Information The MPCA Commissioner reserves the authority to take any appropriate actions with respect to any release, threatened release, or other conditions at the Site. The MPCA Commissioner also reserves the authority to take such actions if the voluntary party does not proceed in the manner described in this letter or if actions taken or omitted by the voluntary party with respect to the Site contribute to any release or threatened release, or create an imminent and substantial danger to public health and welfare. 2. No MPCA Assumption of Liability ATTACHMENT A DISCLAIMERS Borchert- Ingersoll Property Site The MPCA, its Commissioner and staff do not assume any liability for any release, threatened release or other conditions at the Site or for any actions taken or omitted by the voluntary party with regard to the release, threatened release, or other conditions at the Site, whether the actions taken or omitted are in accordance with this letter or otherwise. All statements, conclusions and representations in this letter are based upon information known to the MPCA Commissioner and staff at the time this letter was issued. The MPCA Commissioner and staff reserve the authority to modify or rescind any such statement, conclusion or representation and to take any appropriate action under his authority if the MPCA Commissioner or staff acquires information after issuance of this letter that provides a basis for such modification or action. 4. Disclaimer Regarding Use or Development of the Property The MPCA, its Commissioner and staff do not warrant that the Site is suitable or appropriate for any particular use. 5. Disclaimer Regarding Investigative or Response Action at the Property Nothing in this letter is intended to authorize any response action under Minn. Stat. § 1158.17, sub. 12. Page 1 of 1 3�f ATTACHMENT B IDENTIFIED RELEASE IN SOIL Borchert- Ingersoll Property Site Metals: Lead Silver PAHs: Acenaphthene Fluorene Phenanthrene Anthracene Flouranthene Pyrene Benzo(a)anthracene Chrysene Benzo(b)fluoranthene Benzo(k)fluoranthene Benzo(a)pyrene Indeno(1,2,3- c,d)pyrene Dibenzo(a,h)anthracene Benzo(g,h,i)perylene ppm NA 2.5 ppm 50 47 NA 942 295 272 .36 1.9 .55 1.9 1.0 NA 1.8 1.9 ppm 400 174 ppm 2000 1140 NA 8000 1080 800 20 2000 20 200 2.0 20 2.0 NA ppm 190 4.4 ppm .40 .55 4.7 .96 7.7 6.3 5 3.2 4.8 2.1 3.7 2.4 .52 2.1 SS -7 (Surface) Hab -3 (3') Hab -2 (.5') Hab -2 (.5') Hab -2 (.5') Hab -2 (.5') Hab -3 (3') Hab -3 (3') Hab -3 (3') Hab -3 (3') Hab -3 (3') Hab -3 (3') Hab -3 (3') Hab -3 (3') Hab -3 (3') Hab -3 (3') Draft Tier I Soil Leaching Values, MPCA Site Response Section, September 1997 2 Draft Residential (Unrestricted) Land Use Human Health Based Values, MPCA Site Response Section, March 1996 Page 1 of 1 ,.35 Solid Waste Issues ATTACHMENT C COMMENTS Borchert- Ingersoll Property Site Although release of hazardous substances posing an environmental or human health risk has not been identified, outstanding solid waste issues and physical hazards may exist at the Site. The MPCA VIC Program does not have the regulatory jurisdiction to enforce local ordinances, however Dakota County has established guidelines for sites it considers "nonconforming" sites. Compliance with solid waste issues should be addressed with the cooperation of Dakota County. Ground -Water Flow Dynamics/Hydrogeology The interpreted pieziometric head contours as presented in Figure 3 of Site Document #2 suggest a "bending" of hydraulic flow lines from the lake to the fill area and then back towards the lake again. Although this may seem a peculiarity, local flow dynamics may be influenced by stormwater discharge into the lake and its associated pumping, as well as the proximity of some of the monitoring wells to the lake shoreline. The lake, therefore may serve as both a local ground -water discharge or recharge area. In addition, the observed geologic characteristics of the monitoring well screened intervals reveal differences which may be indicative of differential hydraulic conductivity's. MW -4 was screened in a course sand, whereas the "lake side" monitoring wells were screened in silty sands, presumably less conductive. Differential conductivity's may have an effect on interpreted flow dynamics. Minnesota Department of Health Surface Lead Rule Concentrations of lead in exposed surface soil (visible soil over a continuous area of one square foot or more) may not exceed 100 ppm, pursuant to Minn. Stat. §§ 144.871 - 144.879. Page 1 of 1 3 6 Agenda Memo May 4, 2004 Eagan City Council Meeting Consent Agenda I. APPROVE JOINT POWERS AGREEMENT WITH DAKOTA COUNTY FOR ANDERSON PROPERTY ACTION TO BE CONSIDERED: FACTS: • The JPA allows Eagan to "own and manage the Anderson property as a nine -acre addition to Patrick Eagan Park" using a combination of City, County and State funding. • Further modifications by the City Attorney may be necessary. • Although there is no intention of using the parcel for anything but open space, should the City ever propose to change the use it must obtain written approval by the County. • The City must include a deed restriction delineating the adherence to a Natural Resource Management Plan currently under development, obtaining written approval by the County should the City ever decide to change the use of the property, and that the property shall not be sold, transferred, pledged, or otherwise disposed of without prior written approval of the Legislative Commission on Minnesota Resources (LCMR) or its successor. • The agreement further details the type of recognition the County requires, and details the funding components of the $900,000 purchase price. ATTACHMENTS: • Copy of the draft Joint Powers Agreement, pg 3g7 7 $0f. 3 7 herein. JOINT POWERS AGREEMENT FOR ACQUISITION OF LAND FOR PUBLIC USE IN EAGAN, MINNESOTA FNAP NO. 04-01 This Joint Powers Agreement, and any amendments and supplements hereto, is between Dakota County, a political subdivision of the State of Minnesota, 1590 Highway 55, Hastings, MN 55033 (hereinafter "COUNTY ") and the City of Eagan, a Minnesota Municipal Corporation, 3830 Pilot Knob Road, Eagan, MN 55122 (hereinafter "CITY "). WHEREAS, by Resolution No. 02 -90 (January 29, 2002), the Dakota County Board Commissioners adopted a Farmland and Natural Area Plan; and WHEREAS, on November 5, 2002, Dakota County voters approved a $20 million bond referendum to fund the protection of priority natural areas and farmlands; and WHEREAS, by Resolution No. 03 -334 (June 17, 2003), the County Board adopted Farmland and Natural Area Program Guidelines; and WHEREAS, the property owned by Lee and Lori Anderson (the Anderson Property) in Eagan was submitted by the Trust for Public Land, for purchase by the City of Eagan for addition as a natural area to the Patrick Eagan Park; and WHEREAS, by Resolution N. o. 04 -97 (February 17,2004) the `Dakota County Board of Commissioners authorized the expenditure of $270,297 of Farmland and Natural Area Program bond proceeds for the acquisition of the Anderson property; and WHEREAS, Minn. Stat. 471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, by Resolution No 04- (April 20, 2004) the Dakota County Board of Commissioners have authorized an agreement with the City of Eagan to own and manage the Anderson property as a nine acre addition to Patrick Eagan Park subject to the terms of this agreement; and WHEREAS, City represents that it is duly qualified and willing to perform the services set forth NOW, THEREFORE, in consideration of the mutual promises and benefits that Dakota County and the City of Eagan will derive from acting cooperatively in this matter, the County and the City hereby enter into this joint powers agreement for the purposes set forth herein. I. CITY'S DUTIES City shall acquire the fee title of the nine (9) acre Lee and Lori Anderson property (include legal description) as an addition to Patrick Eagan Park, and manage the property in accordance with the jointly developed Natural Resource Management Plan. The City agrees to complete the 1 3e" project in accordance with the approved budget to the extent practicable and within the project period specified in this Agreement. Any material change in the scope of the project, budget or completion date shall require prior written approval by the County. II. CONSIDERATION AND TERMS OF PAYMENT A. PROJECT COST The total cost to acquire the Anderson property is $900,000. B. The County will contribute $270,297 in bond proceeds from the Farmland and Natural I Program. The City of Eagan will contribute $180,000. The State of Minnesota through the DNR Metro $100,000 in a grant to the City. Thousand 2 .39 will contribute The State of Minnesota through the DNR Natural and Scenic Area Program will contribute $349,703 in a grant to the Cit THE TOTAL COUNTY OBLIGATION FOR ALL COMPENSATION AND REIMBURSEMENTS TO CITY SHALL NOT EXCEED: Two Hun+ ed and Ninety Seven Dollars ($270,297). Funds made available pursuant to this Agreement shall be used only for expenses incurred in performing and accomplishing the purposes and activities specified herein. S OF PAYMENT PAYMENT/DISBURSEMENT SCHEDULE: The County will disburse funds to the City pursuant to this Agreement at closing on the City's purchase of the Anderson property based upon a complete and accurate settlement statement and review of the documents to be exchanged at closing placing title in the City. III CONDITIONS OF PAYMENT All Services provided by the City pursuant to this Agreement shall be performed to the satisfaction of the County, as determined at the sole discretion of its Authorized Representative, and in accord with all applicable federal, State, and local laws, ordinances, rules and egulations. IV. TERM OF AGREEMENT The City shall perform the activities outlined in the approved project scope during the period beginning with final execution of this Agreement and shall remain in effect until all obligations set forth in this Agreement have been satisfactorily fulfilled, whichever occurs first. V. CANCELLATION The County may cancel this Agreement at any time upon thirty (30) days' written notice to the City if the County finds that there has been a failure to comply with the provisions of this Agreement or that reasonable progress has not been made, or that the purposes for which the funds were granted have not been or will not be fulfilled. The County may take action to protect the interests of the County including the refusal to disburse additional funds and require the return of all or part of the funds already disbursed. This Agreement may be canceled by the City at any time upon thirty (30) days written notice to the County so long as County has disbursed no funds in fulfillment of its obligations hereunder. VI. COUNTY'S AUTHORIZED REPRESENTATIVE The County's Authorized Representative for the purposes of administration of this Grant Agreement is Gregory Konat, Dakota County Physical Development Director. Such representative shall have final authority for acceptance of City's services. The City's Authorized Representative for purposes of administration of this Agreement is Thomas Hedges, City of Eagan Administrator. The City's Authorized Representative shall have full authority to represent City in its fulfillment of the terms, conditions and requirements of this Agreement. VII. ASSIGNMENT City shall neither assign nor transfer any Agreement without the prior written consent of the County. VIII. AMENDMENTS Any amendments to this Agreement shall require prior written approval by the parties. Any amendments to this Agreement shall be in writing and shall be executed by the same parties who executed the original Agreement or their successors in office. 3 �} 0 gations under this IX. LIABILITY City shall indemnify, save, and hold the, County, its representatives and employees, harmless from any and all claims or causes of action, including all attorneys' fees incurred by the County, arising from the performance of this Agreement by City or City's agents or employees. This clause shall not be construed to bar any legal remedies City may have for the County's failure to fulfill its obligations pursuant to this Agreement. X. AUDITS The books, records, documents and accounting procedures and practices of the City relevant to this Agreement shall be subject to examination by the County, the Legislative Auditor, the Secretary of the Interior and the Comptroller General of the United States, for a minimum of six years from the end of this Agreement. The parties are authorized to substitute microfilm copies or photocopies of fully executed documents in lieu of original records. XI. GOVERNEMENT DATA PRACTICES ACT (if applicable) The parties will comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data assembled by the parties in accordance with this Agreement, and as it applies to all data, created, collected, received, stored, used, maintained, or disseminated by the parties in fulfillment of this Agreement. The civil remedies of Minnesota Statutes Section 13.08, apply to the release of the data referred to in this Article by either party. XII. PUBLICITY /ACKNOWLEDGMENT /SIGNAGE Any publicity given to the program, publications, or services provided resulting from this Agreement, including, but not limited to notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the City or its employees individually or jointly with others shall identify DAKOTA COUNTY as a sponsoring agency. Upon project completion, the City shall post a permanent sign acknowledging County funding, in a form jointly approved by the County and City at an appropriate location on the site in accordance with the Natural Resource Management Plan. XIII. JURISDICTION AND VENUE This Agreement shall be governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this Agreement, or breach thereof, shall be in the state or federal court with competent jurisdiction in Dakota County, Minnesota. XIV. REPORTING REQUIREMENTS The City shall submit a final status report to the County by the completion of the project or July 31, 2004 whichever date is first. XV. LAND RETENTION REQUIREMENTS A. CONVERSION OF USE It is the intention of the parties that the property acquired under this agreement shall exist in the City's ownership and be maintained and managed consistent with the purpose and type of property to properly protect the natural andlor scenic resources in perpetuity. The City shall not at any time convert any property acquired or developed pursuant to this agreement to uses other than the permitted uses specified in this agreement without the prior written approval of the County. The County will consider a conversion met: 1. The Count All practical alternatives to the conversion have been evaluated and rejected on a sound basis. The City has agreed to replace the converted lands with other lands of at least equal fair market value and reasonably equivalent natural and or scenic resources as determined by the County. have the authority to approve or disapprove conversion requests. B. MINN. STAT. SEC. 116P.15 (applies to land acquisition projects) Subdivision 1. A recipient of an appropriation from the trust fund or the Minnesota future resources fund who acquires an interest in real property with the appropriation must comply with this section. If the recipient fails to comply with the terms of this section, ownership of the interest in real property transfers to the State of Minnesota. For the purposes of this section, "interest in real property" includes, but is not limited to, an easement or fee title to property. Subdivision 2. (a) An interest in real property acquired with an appropriation from the trust fund or the Minnesota future resources fund must be used in perpetuity or for the specific term of an easement interest for the purpose for which the appropriation was made. 4 9/ the following pre- requisites have been (b) A recipient of funding who acquires an interest in real property subject to this section may not alter the intended use of such interest in real property or convey any interest in the real property acquired with the appropriation without the prior review and approval of the Legislative Commission on Minnesota Resources (LCMR). The Commission shall establish procedures to review requests from recipients to alter the use of or convey an interest in real property. (c) These procedures shall allow for the replacement of the interest in real property . with another interest in real property meeting the following criteria: (1) the interest is at least equal in fair market value as certified by the co of natural resources to the interest being replaced; and (2) a reference to the underlying funding agreement (3) a reference to this section; an (4) the following statemen 5 41 o2 issioner (2) the interest is in a reasonably equivalent location and has a reasonably equivalent usefulness compared to the interest being replaced. (d) A recipient of funding who acquires an interest in real property under paragraph (a must separately record a notice of funding restrictions in the appropriate loci government office where the conveyance of interest in real property is filed. The notice of funding agreement must contain: (1) a legal description of the interest in real property covered by the agreement; funding "This interest in real property shall be administered in accordance with the terms, conditions, and purposes of the grant agreement or work program controlling the acquisition of the property. The interest in real property, or any portion of the interest in real property, shall not be sold, transferred, pledged, or otherwise disposed of or further encumbered without obtaining the prior written approval of the Legislative Commission on Minnesota Resources or its successor. If the holder of the interest in real property fails to comply with the terms and condition of the grant agreement or work program, ownership of the interest in real property shall transfer to the State of Minnesota." C. DEED RESTRICTION REQUIREMENT The City shall have the following condition recorded with the deed to the subject property as it is described in this Agreement and submit an attested copy of the deed and the condition to the County: In order to comply with the Dakota County Farmland and Natural Area Program conditions as set forth in County Board Resolution No. 04- , the City of Eagan does hereby impose the following restrictions on the property: 1. The property shall be managed and maintained consistent with the jointly approved Natural Resource Management Plan (Attachment A). 2. The City shall not at any time convert any portion of the natural and/or scenic area to uses other than permitted in this Agreement without the prior written approval of the County. 3. In accordance with Minn. Stat. Sec. 116P. 15: This interest in real property shall be administered in accordance with the terms, conditions, and purposes of the grant agreements or work program controlling the acquisition of the property. The interest in real property, or any portion of the interest in real property, shall not be sold, transferred, pledged, or otherwise disposed of or further encumbered without obtaining the prior written approval of the Legislative Commission on Minnesota Resources or its successor. If the holder of the interest in real property fails to comply with the terms and condition of the grant agreement or work program ownership of the interest in real property shall transfer to the State of Minnesota. 6 �3 XVI. In addition to recording the deed restriction set forth above, the City will grant the County a perpetual conservation easement over the subject property, and will assist and cooperate with the County in obtaining LCMR consent to recording such an easement. XVII. NATURAL RESOURCE MANAGEMENT AND PROTECTION The City shall protect, manage and maintain, or cause to maintain, the property acquired pursuant to this Agreement as provided for in the approved Natural Resource Management Plan described in Attachment A. Properties shall be kept reasonably safe for public use, if applicable. All state and federal accessibility laws, regulations, and standards shall be adhered to. Vegetation management and similar safeguards and supervision shall be provided to the extent feasible. Buildings, roads, trails and other structures and improvements, if any, shall be kept in reasonable repair throughout their estimated lifetime to prevent undue deterioration. Failure to adequately manage, maintain and property protect the resources and properly assisted through this agreement may result in ineligibility of the City to receive future Farmland and Natural Area Program funds. There is a need for National Park Service consent to convey the easement due to LAWCON provisions. XVIII. The City shall keep the facility open to the general public at reasonable hours and at times of the year consistent with the purpose and type of use of the property and appropriate management and protection of natural resources. XIX NATIVE PLANT SPECIES Vegetation planted must be native to Minnesota and preferably of the local ecotype unless the work program approved in the Natural Resource Management Plan expressly allows the'planting of species that are not native to Minnesota. XX. MONITORING Following completion of fee title acquisition, the County's authorized representative, or his designee, shall develop a Property Report as a basis for future monitoring inspections and shall be allowed annual inspections to ensure that the site is being properly operated and maintained in accordance with the Natural Resource Management Plan, and that no conversion of use has occurred. XXI. OTHER PROVISIONS A copy of this Agreement and all incorporated elements shall be permanently maintained on file by the City. A copy of the Agreement will also need to be recorded. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, intending to be bound by all the terms contained herein. CITY OF EAGAN By: By: Title: Date of Signature: By: Title: Date of Signature: Approved as to Form: Assistant County Attorney AttyCiv:Ring:Anderson Grant Agreemen' 7 s�v COUNTY OF DAKOTA Gregory Konat Physical Development Director Date of Signature: Agenda Memo May 4, 2004 Eagan City Council Meeting Consent Agenda J APPROVE PURCHASE AGREEMENT FOR ANDERSON PROPERTY ACTION TO BE CONSIDERED: Approve the purchase agreement for the Anderson property, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan and the City Attorney's office has been working with the Trust for Public Land to develop a purchase agreement for acquisition of the Anderson parcel. • Negotiations have led to the development of the Purchase Agreement. • Further modifications by the City Attorney may be necessary. • The purchase price for the property has been determined to be $900,000 total. Of this, the City of Eagan has set aside $180,000 from the Park Site Fund to be contributed toward the acquisition. • The balance of the purchase price will come from Dakota County Farmland and Natural Areas Program ($270,927 in bond proceeds), the Minnesota DNR's Natural and Scenic Area Grant Program ($349,703) and the DNR Metro Greenways Program ($100,000). • A 20' wide emergency access easement will be established on the property. ATTACHMENTS: • Illustration of emergency access easement, pg • Copy of the Purchase Agreement, pg) 7--' 5 ifc5 Reptace,mg_yd- Agenda Memo May 4, 2004 Eagan City Council Meeting Consent Agenda J APPROVE PURCHASE AGREEMENT FOR ANDERSON PROPERTY ACTION TO BE CONSIDERED: Approve the public hearing for the DNR Natural and Scenic Area Grant application and authorize appraisals on parcels selected for application. FACTS: • The City of Eagan and the City Attorney's office has been working with the Trust for Public Land to develop a purchase agreement for acquisition of the Anderson parcel. • Negotiations have led to the development of the Purchase Agreement. • Further modifications by the City Attorney may be necessary. • The purchase price for the property has been determined to be $900,000 total. Of this, the City of Eagan has set aside $180,000 from the Park Site Fund to be contributed toward the acquisition. • The balance of the purchase price will come from Dakota County Farmland and Natural Areas Program ($270,927 in bond proceeds), the Minnesota DNR's Natural and Scenic Area Grant Program ($349,703) and the DNR Metro Greenways Program ($100,000). • A 20' wide emergency access easement will be established on the property. ATTACHMENTS: • Illustration of emergency access easement, pg • Copy of the Purchase Agreement, pg �{S 02004 Westwood Professional Services, Inc. W Proposed averment Lego/ Description A 20.00 foot emergency access easement over, under and across that port of the Northeast Quarter of the Southeast Quarter of Section 22, Township 27, Range 23, Dakota County, Minnesota, lying 10 feet either side of the following described line: Commencing at the Northeast corner of said Northeast Quarter of the Southeast Quarter; thence South 89 degrees 55 minutes 41 seconds West, assumed bearing, along the North line of said Quarter Quarter line o distance of 55.00 feet to the West Right of Woy of County Rood 43, thence South 0 degrees 17 minutes 16 seconds East along said Right of Woy o distance of 400.22 feet, to the point of Beginning of the Centerline to be described, thence North 68 degrees 41 minutes 15 seconds West a distance of 19.89 feet, thence on a tangential curve concave to the right with o centrol of 26 degrees 59 minutes 12 seconds, a radius of 304.07 feet and on arc distance of 14.122 feet, thence on a tangential reverse curve concave to the left with a central of 115 degrees 13 minutes 40 seconds, a radius of 90.00 feet and an arc distance of 181,00 feet, thence on a tangential compound curve concave to the left with o central of 18 degrees 32 minutes 36 seconds, a radius of 413.01 feet and on arc distance of 133.67 feet, thence on o tangential compound curve concave to the left with o central of 17 degrees 22 minutes 10 seconds, o radius of 134.52 feet and on arc distance of 40.78 feet, thence on o tangential reverse curve concave to the right with a central of 18 degrees 14 minutes 29 seconds, a radius of 223.40 feet and on arc distance of 71.12 feet to a point on the North line of proposed Lot 1, Block 1 PATRICK EAGAN PARK ADDIAON being 2Z29 feet Northeasterly of the Northwest corner of said proposed Lot 1. The sidelines of said easement are to be prolonged or shortened to terminate of the West Right of Way of County Rood 43 and the North line of said proposed Lot 1. Proposed PATRICK \\+1 !J 1 I existing edge of trail 4 - 18 °14•9' L. 71.12 I R. 223.40 0 N, 7599 Anagram Drive Edon hwk 1.40 55344 /hem 553.037.41110 Fast Sn•n7•Sq: EAGAN d 17 ° 22'10' L. 4078 R. 134.52 0 ' N89°55'41 "E Westwood Professional Services, Inc. 4 S89 ° 55'41 ' 60' Proposed Out /o t A PARK 120' North 21e or th4 NE 1/4 of the SE 1/4 Soo. 22 7 27 R 23 proposed edge emergency access easement ADDITION N89 ° 55'41 E 0.00 p K Q O o h 0 0 Proposed LOT 1 BLOCK 1 PATRICK EAGAN PARK ADDITION Eagan, Minnesota W - 55.00 - 55.00 55.00 -- 60.00 CO Emergency Access Easement Sketch 55.00 — 60.00 — Sheet I OF 1 Date 2/23/04 -XX 20032649ESF01.DWC DEVELOPMENT CONTRACT BY AND BETWEEN THE CITY OF EAGAN AND LEE F. ANDERSON AND LAUREL J. P. ANDERSON FOR THE DEVELOPMENT. OF PATRICK EAGAN PARK ADDITION THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P A 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 (952) 432 -3136 MGD /jlt (206- 22140 /Anderson Parcel) THIS AGREEMENT, made and entered into the day of , 2004, by and between the City of Eagan, a Minnesota municipal corporation, ( "City "); and Lee F. Anderson and Laurel J. P. Anderson, husband and wife ( "Owner "). WHEREAS, the Developer has applied to the City for approval of the plat or subdivision known as PATRICK EAGAN PARK ADDITION located within the City; and WHEREAS, the City approved the plat on condition that the Developer enter into t contract and furnish the security required by it; NOW, THEREFORE, the City and Developer agree as folio City - Contrac Outlot - Owner - SECTION I DEFINITIONS �f8 1 Deve The City of Eagan, corporation. 1.1 Definitions. In this instrument the following terms, when used with initial capital letters, have the following respective meanings unless the context hereof clearly requires otherwise: Minnesota municipal This Agreement and the terms and conditions contained herein. Developer - Lee F. Anderson and Laurel J.P. Anderson.. Whenever the term Developer is used herein, it shall also include the fee owner of the land, contract for deed holders and all other persons or entities holding an equitable or legal interest in the fee ownership of the property. opment - The subdivision of the Property, as approved by the City. A platted lot to be developed for a use which will not involve a building or be reserved for future replatting before development. Is the fee owner of the property, any contract for deed holder, or any other person or entity having a legal Plat - Property - Special Assessments - Subdivision - Surveyor - �-9 and/or equitable interest in the fee ownership of the property. For purposes of this Agreement, the term "Developer" shall include any and all owners. The subdivision of the property into lots and blocks, easements, streets and public right -of -ways as shown on the attached Exhibit "A ". Land located in the City of Eagan, County of Dakota, State of Minnesota, which is subject to being subdivided by the Developer into the Plat shown on Exhibit "A" attached hereto. All costs for improvements installed by the City of Eagan under the Public Improvement Project which are to be or have been levied against the Property. The, separation of property into lots and blocks as approved by the City Council, upon the compliance avith (i) all conditions and requirements of applicable egulations and (ii) conditions and requirements upon all which preliminary approval is expressly nditioned. Martin J. Weber, Minnesota License No. 12043, a registered land surveyor licensed to practice in the State of Minnesota. SECTION II PLAT APPROVAL 2.1 Effect of Subdivision Approval. For two years from the date of this Contract, no amendments to the City's Comprehensive Guide Plan or Official Controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the Plat, unless required by state federal law or agreed to in writing by the City and Developer. Thereafter, to the full extent rmitted by state law, the City may require compliance with any amendments to the City's 2 Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 2.2 Covenant of Owner. Owner shall prepare a covenant to be recorded against Lot One (1), Block One (1), wherein they agree, on behalf of themselves, their successors and assigns, not to subdivide Lot One (1), Block One (1), Patrick Eagan Park Addition. The covenant shall be recorded along with the plat of Patrick Eagan Park. SECTION III DEVELOPMENT PLAN 3.1 Required Plans. The Plat shall be developed in accordance with the following designated plans, which plans form a part of this Contract; however, the plans are not attached to this Contract. The following plans must have been prepared by Developer's Surveyor with duly noted certification thereon, and shall have been submi tted. and approved by the City. If the plans vary from the written terms of this Contract, the written terms shall control. The plans submitted for this Plat are: Plan. I - Plat prepared by: Martin J. Weber, Minnesota License No. 12043. 3.2 Plan Requirements. All plans shall comply with the conditions set forth in Exhibit "B" attached hereto. SECTION IV PERFORMANCE OF IMPROVEMENTS General. [This Paragraph is deleted.] 4.2 Subdivision Lot Corners. [This Paragraph is deleted.] 4.3 License. [This Paragraph is deleted.] 3 �D SECTION V ASSESSMENTS 5.1 Financial Obligation. The Developer shall pay and hereby waives any right to object to the payment of any Connection and Availability Charges for the utilities provided by the City. The Developer also waives the right to object to the levying of the assessment for the Connection o Availability Charges. The Connection and Availability Charges have been computed using tht City's adopted Fee Schedule as follows: ITEM QUANTITY RATE AMOUNT Sanitary Sewer Trunk 1 Lot $1,000.00/Lot $1,000.00 Storm Sewer Trunk 36,649.00 sq. ft. .095 /sq. ft. $3,482.00 TOTAL 54,482.00 If not paid in full within thirty (30) days, any balance due accordance with Exhibit "C ". attached hereto, levied as a special assessment in with interest accruing from the date of final plat approval. The Developer hereby waives any rights to a hearing or notice of a hearing relating to the special assessments and also expressly waives any right to object to such assessments, as provided for under Minn. Stat. §429.081. SECTION VI RESPONSIBILITY FOR COSTS Development of Subdivision. Developer shall pay all costs incurred by Developer, its agents and contractors in conjunction with the Development. 6 <2 ` Hold Harmless. [This Paragraph is deleted.] 6.3 Reimbursement. The Developer shall reimburse the City for costs incurred in the enforcement of Paragraph 2.2 of this Contract. 4 s/ 6.4 Payment of Special Assessments. The Developer shall pay or cause to be paid when due and in any event, before any penalty is attached, the amounts referred to in Paragraph 5.1 of this Contract. 6.5 Additional Charges. [This Paragraph is deleted.] 6.6 Waiver. On behalf of itself and all the successors and assigns having an interes the Property, the Developer waives all rights it may have now or in the future to repayment or reimbursement of any fees or charges paid to the City, which is identified in this Contract. SECTION VII EVENT OF DEFAULT 7.1 Occurrence. The following occurrence shall constitute an event of default under this Contract: Developer shall fail to perform any of the terms or conditions to be kept or performed by Developer under this Contract. 8.1 Performance by SECTION VIII REMEDIES e City. In the event of default under this Contract, the non- defaulting party shall have all rights available to it at law or in equity. [This Paragraph is deleted.] 5 sa Revocation of Permit to Proceed. [This Paragraph is deleted.] Emergency. [This Paragraph is deleted.] 85 Cumulative Rights and Non - Waiver. The rights and remedies available to the City shall be cumulative and the enforcement by the City of one right shall not act as waiver of any other right available to the City. 8.6 Denial of Building Permits. [This Paragraph is deleted.] it has all the authorization and power neces . remaining portion of this Contract. SECTION IX RELEASE OF DEVELOPER LIABILITY 9.1 Release. Upon recordation of the covenant and plat identified in Paragraph 2.2 an Paragraph 3.1, respectively, the and payment of all costs owed to the City in Paragraph 5.1 Developer shall thereupon, automatically and without the execution of further instruments documents or actions by the City Council, be relieved and released of and from all of the obligations hereunder. SECTION X MISCELLANEOUS 10.1 Compliance. [This Paragraph is deleted.] 10.2 Authorization. By the execution hereof, the Developer represents and warrants that o make this Contract binding upon itself, its heirs, successors and assigns. 103 Third Parties. Third parties shall have no recourse against the City under this Contract. 10.4 Invalidity. If any portion, section, subsection, sentence, clause, paragraph or phrase Contract is for reason held invalid, such decision shall not affect the validity of the Run with the Land. [This Paragraph is deleted.] 10.6 Non - assignability. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire Property or any part of it. 55123. IN WITNESS WHEREOF, we have CITY OF EAGAN: By: Pat Geagan Its: Mayor Its: City Clerk DEVELOPMENT CONTRACT APPROVED AS TO FORM: By: Eagan City Attorney Date: SECTION XI NOTICES 11.1 General. All notices, consents, demands and requests which may be or are required to be given by either party of the other, shall be in writing and sent by United States registered mail, or hand delivered. The addresses of each party may be changed at any time or from time to time by notice given by said party to the other party. 11.2 If to City, mail to the City of Eagan, 3830 Pilot Knob Road, P" O Box 21199, Eagan, Minnesota 55121, Attention: City Administrator. 11.3 If to Developer, mail to the Developer, 4045 Lexington Avenue, Eagan, Minnesota 7 S our hands and seal DEVELOPER and OWNER: Lee F. Anderson Date Attest: Maria Petersen Laurel J. P. Anderson Date APPROVED AS TO CONTENT: By: Community Development Department Date: STATE OF MINNESOTA ) COUNTY OF DAKOTA ) STATE OF MINNESOTA ") COUNTY OF ss. On this day of , 2004, before me a Notary Public within and for said County, personally appeared Pat Geagan and Maria Petersen to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor an City Clerk acknowledged said instrument to be the free act and deed of said municipality, The foregoing instrument was acknowledged before me this day of 2004 by Lee F Anderson and Laurel J. P. Anderson, husband and wife. 8 SS" Notary Public Notary Public 9 Exuma A 1. These standard conditions of plat approval as adopted by Council action on February 3, 1993, shall be complied with: A. Financial Obligations Not Applicable B. Easements and Rights -of -Way 2. The property shall be platted. EXHIBIT "B" 4. The final plat shall show dedicated 10 S 7 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right -of -way. 2. This development shall dedicate all public right of -way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 3. This development shall dedicate public ri ght 0f -way along Lexington determined by the Dakota County Plat Commission. of -way of 75 feet for Outlot A. The undersigned hereby requests and authorizes the City of Eagan, Minnesota (Dakota County) to assess Lot One (1), Block One (1), Patrick Eagan Park Addition for the benefit received the following improvements: ITEM Sanitary Sewer Trunk Storm Sewer Trunk DATED: STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) EXHIBIT "C" WAIVER OF HEARING # SPECIAL ASSESSMENT AUTHORIZATION QUANTITY RATE AMOUNT 1 Lot $1,000.00/Lot $1,000.00 36,649.00 sq. ft. .095 /sq. ft. $3,482.00 TOTAL $4,482.00 cent (4.5 %) against any to be spread over five (5) years at an annual interest rate of four and remaining unpaid balances. The undersigned, for themselves, th heirs, executors, administrators, successors and assigns, hereby consent to the levy of these assessments, and further, hereby waive notice of any and all hearings necessary, and waive objections to any technical defects in any proceedings related to these assessments, and further waive the right to object to or appeal from these assessments made pursuant to this agreement. The foregoing instrument was acknowledged before me this day of 2004, by Lee F. Anderson and Laurel J. P. Anderson, husband and wife. OWNER: Lee F. Anderson Lauren J. P. Anderson Notary Public 11 APPROVED AS TO FORM: City Attorney's Office Dated: APPROVED AS TO CONTENT: Public Works Department Dated: THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 (952) 432 -3136 MGD/jlt (206 -22140 12 Agenda Information Memo May 4, 2004 Eagan City Council Meeting K. DEVELOPMENT CONTRACT FOR PATRICK EAGAN PARK ADDITION ACTIONS TO BE CONSIDERED: To approve the Development Contract, subject to modifications as deemed reasonable and necessary by the City Administrator and City Attorney. FACTS: > The Rezoning and Preliminary and Final Subdivision was approved by the City Council on April 7, 2004. > The site consists of two unplatted tax parcels located along Lexington Avenue, combined the total site area is approximately 11 acres. ➢ The single family home is to remain on the newly created two acre parcel. ATTACHMENTS (1): Draft Development Contract on pages _ through 93 . 60 DEVELOPMENT CONTRACT BY AND BETWEEN THE CITY OF EAGAN AND LEE F. ANDERSON AND LAUREL J. P. ANDERSON FOR THE DEVELOPMENT OF PATRICK EAGAN PARK ADDITION THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 (952) 432 -3136 MGD /jlt (206- 22140 /Anderson Parcel) THIS AGREEMENT, made and entered into the City - Contract - Developer - Outlot - SECTION I DEFINITIONS 1 day of , 2004, by and between the City of Eagan, a Minnesota municipal corporation, ( "City "); and Lee F. Anderson and Laurel J. P. Anderson, husband and wife ( "Owner "). WHEREAS, the Developer has applied to the City for approval of the plat or subdivision known as PATRICK EAGAN PARK ADDITION located within the City; and WHEREAS, the City approved the plat on condition that the Developer enter into this contract and furnish the security required by it; NOW, THEREFORE, the City and Developer agree as follows: 1.1 Definitions. In this instrument the following terms, when used with initial capital letters, have the following respective meanings unless the context hereof clearly requires otherwise: The City of Eagan, a Minnesota municipal corporation. This Agreement and the terms and conditions contained herein. Lee F. Anderson and Laurel J.P. Anderson.. Whenever the term Developer is used herein, it shall also include the fee owner of the land, contract for deed holders and all other persons or entities holding an equitable or legal interest in the fee ownership of the property. Development - The subdivision of the Property, as approved by the City. A platted lot to be developed for a use which will not involve a building or be reserved for future replatting before development. Owner - Is the fee owner of the property, any contract for deed holder, or any other person or entity having a legal Plat - Property - Special Assessments - Subdivision - Surveyor - and/or equitable interest in the fee ownership of the property. For purposes of this Agreement, the term "Developer" shall include any and all owners. The subdivision of the property into lots and blocks, easements, streets and public right -of -ways as shown on the attached Exhibit "A ". Land located in the City of Eagan, County of Dakota, State of Minnesota, which is subject to being subdivided by the Developer into the Plat shown on Exhibit "A" attached hereto. All costs for improvements installed by the City of Eagan under the Public Improvement Project which are to be or have been levied against the Property. The separation of property into lots and blocks as approved by the City Council, upon the compliance with (i) all conditions and requirements of applicable regulations and (ii) conditions and requirements upon all which preliminary approval is expressly conditioned. Martin J. Weber, Minnesota License No. 12043, a registered land surveyor licensed to practice in the State of Minnesota. SECTION II PLAT APPROVAL 2.1 Effect of Subdivision Approval. For two years from the date of this Contract, no amendments to the City's Comprehensive Guide Plan or Official Controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the Plat, unless required by state or federal law or agreed to in writing by the City and Developer. Thereafter, to the full extent permitted by state law, the City may require compliance with any amendments to the City's 2 Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 2.2 Covenant of Owner. Owner shall prepare a covenant to be recorded against Lot One (1), Block One (1), wherein they agree, on behalf of themselves, their successors and assigns, not to subdivide Lot One (1), Block One (1), Patrick Eagan Park Addition. The covenant shall be recorded along with the plat of Patrick Eagan Park. SECTION III DEVELOPMENT PLAN 3.1 Required Plans. The Plat shall be developed in accordance with the following designated plans, which plans form a part of this Contract; however, the plans are not attached to this Contract. The following plans must have been prepared by Developer's Surveyor with duly noted certification thereon, and shall have been submitted and approved by the City. If the plans vary from the written terms of this Contract, the written terms shall control. The plans submitted for this Plat are: Plan I - Plat prepared by: Martin J. Weber, Minnesota License No. 12043. 3.2 Plan Requirements. All plans shall comply with the conditions set forth in Exhibit "B" attached hereto. SECTION IV PERFORMANCE OF IMPROVEMENTS 4.1 General. [This Paragraph is deleted.] 4.2 Subdivision Lot Corners. [This Paragraph is deleted.] 4.3 License. [This Paragraph is deleted.] 3 Cy SECTION V ASSESSMENTS 5.1 Financial Obligation. The Developer shall pay and hereby waives any right to object to the payment of any Connection and Availability Charges for the utilities provided by the City. The Developer also waives the right to object to the levying of the assessment for the Connection or Availability Charges. The Connection and Availability Charges have been computed using the City's adopted Fee Schedule as follows: ITEM QUANTITY RATE AMOUNT Sanitary Sewer Trunk 1 Lot $1,000.00 /Lot $1,000.00 Storm Sewer Trunk 36,649.00 sq. ft. .095 /sq. ft. $3,482.00 TOTAL $4,482.00 If not paid in full within thirty (30) days, any balance due will be levied as a special assessment in accordance with Exhibit "C" attached hereto, with interest accruing from the date of final plat approval. The Developer hereby waives any rights to a hearing or notice of a hearing relating to the special assessments and also expressly waives any right to object to such assessments, as provided for under Minn. Stat. §429.081. SECTION VI RESPONSIBILITY FOR COSTS 6.1 Development of Subdivision. Developer shall pay all costs incurred by Developer, its agents and contractors in conjunction with the Development. 6.2 Hold Harmless. [This Paragraph is deleted.] 6.3 Reimbursement. The Developer shall reimburse the City for costs incurred in the enforcement of Paragraph 2.2 of this Contract. 4 6s 6.4 Payment of Special Assessments. The Developer shall pay or cause to be paid when due and in any event, before any penalty is attached, the amounts referred to in Paragraph 5.1 of this Contract. 6.5 Additional Charges. [This Paragraph is deleted.] 6.6 Waiver. On behalf of itself and all the successors and assigns having an interest in the Property, the Developer waives all rights it may have now or in the future to repayment or reimbursement of any fees or charges paid to the City, which is identified in this Contract. SECTION VII EVENT OF DEFAULT 7.1 Occurrence. The following occurrence shall constitute an event of default under this Contract: Developer shall fail to perform any of the terms or conditions to be kept or performed by Developer under this Contract. SECTION VIII REMEDIES 8.1 Performance by the City. In the event of default under this Contract, the non- defaulting party shall have all rights available to it at law or in equity. 8.2 Assessment. [This Paragraph is deleted.] 8.3 Revocation of Permit to Proceed. [This Paragraph is deleted.] 8.4 Emergency. [This Paragraph is deleted.] 8.5 Cumulative Rights and Non - Waiver. The rights and remedies available to the City shall be cumulative and the enforcement by the City of one right shall not act as waiver of any other right available to the City. 5 �6 8.6 Denial of Building Permits. [This Paragraph is deleted.] SECTION IX RELEASE OF DEVELOPER LIABILITY 9.1 Release. Upon recordation of the covenant and plat identified in Paragraph 2.2 and Paragraph 3.1, respectively, the and payment of all costs owed to the City in Paragraph 5.1, the Developer shall thereupon, automatically and without the execution of further instruments or documents or actions by the City Council, be relieved and released of and from all of the obligations hereunder. SECTION X MISCELLANEOUS 10.1 Compliance. [This Paragraph is deleted.] 10.2 Authorization. By the execution hereof, the Developer represents and warrants that it has all the authorization and power necessary to make this Contract binding upon itself, its heirs, successors and assigns. 10.3 Third Parties. Third parties shall have no recourse against the City under this Contract. 10.4 Invalidity. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. 10.5 Run with the Land. [This Paragraph is deleted.] 10.6 Non - assignability. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire Property or any part of it. 11.1 General. All notices, consents, demands and requests which may be or are required to be given by either party of the other, shall be in writing and sent by United States registered mail or hand delivered. The addresses of each party may be changed at any time or from time to time by notice given by said party to the other party. 11.2 If to City, mail to the City of Eagan, 3830 Pilot Knob Road, P.O. Box 21199, Eagan, Minnesota 55121, Attention: City Administrator. 11.3 If to Developer, mail to the Developer, 4045 Lexington Avenue, Eagan, Minnesota 55123. IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF EAGAN: DEVELOPER and OWNER: By: Pat Geagan Lee F. Anderson Date Its: Mayor Attest: Maria Petersen Its: City Clerk (SEAL) DEVELOPMENT CONTRACT APPROVED AS TO FORM: By: Eagan City Attorney Date: SECTION XI NOTICES 7 a' Laurel J. P. Anderson Date APPROVED AS TO CONTENT: By: Community Development Department Date: STATE OF MINNESOTA ) COUNTY OF DAKOTA ) ss. On this day of , 2004, before me a Notary Public within and for said County, personally appeared Pat Geagan and Maria Petersen to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality. STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2004 by Lee F. Anderson and Laurel J. P. Anderson, husband and wife. 8 69 Notary Public Notary Public EXHIBIT A 9 70 1. These standard conditions of plat approval as adopted by Council action on February 3, 1993, shall be complied with: A. Financial Obligations Not Applicable B. Easements and Rights -of -Way EXHIBIT "B" 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right -of -way. 2. This development shall dedicate all public right -of -way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 2. The property shall be platted. 3. This development shall dedicate public right -of -way along Lexington Avenue, as determined by the Dakota County Plat Commission. 4. The final plat shall show dedicated right -of -way of 75 feet for Outlot A. 10 EXHIBIT "C" WAIVER OF HEARING # SPECIAL ASSESSMENT AUTHORIZATION The undersigned hereby requests and authorizes the City of Eagan, Minnesota (Dakota County) to assess Lot One (1), Block One (1), Patrick Eagan Park Addition for the benefit received from the following improvements: ITEM QUANTITY RATE AMOUNT Sanitary Sewer Trunk 1 Lot $1,000.00 /Lot $1,000.00 Storm Sewer Trunk 36,649.00 sq. ft. .095 /sq. ft. $3,482.00 TOTAL $4,482.00 to be spread over five (5) years at an annual interest rate of four and '/2 percent (4.5 %) against any remaining unpaid balances. The undersigned, for themselves, their heirs, executors, administrators, successors and assigns, hereby consent to the levy of these assessments, and further, hereby waive notice of any and all hearings necessary, and waive objections to any technical defects in any proceedings related to these assessments, and further waive the right to object to or appeal from these assessments made pursuant to this agreement. DATED: OWNER: STATE OF MINNESOTA ) COUNTY OF DAKOTA ) ss. The foregoing instrument was acknowledged before me this day of 2004, by Lee F. Anderson and Laurel J. P. Anderson, husband and wife. Lee F. Anderson Lauren J. P. Anderson Notary Public 11 APPROVED AS TO FORM: City Attorney's Office Dated: APPROVED AS TO CONTENT: Public Works Department Dated: THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 (952) 432 -3136 MGD /jlt (206- 22140) 12 2,3 Agenda Information Memo May 4, 2004 Eagan City Council Meeting Consent L. DIRECT CITY ATTORNEY TO PREPARE AN ORDINANCE AMENDMENT TO CHAPTER 11 REGARDING ACCESSORY STRUCTURES IN A PF- PUBLIC FACILITY ZONING DISTRICT ACTION TO BE CONSIDERED: To direct the City Attorney to prepare an Ordinance Amendment to Chapter 11 regarding Accessory Structures in a PF- Public Facility Zoning District FACTS: • The City Code provides regulations for the construction of accessory structures in a variety of land use categories. In response to recent inquiries regarding the addition of accessory structures at several church properties, it has come to the attention of staff that such structures are not listed as permitted or accessory uses in the PF Public Facilities zoning district. This appears to have been inadvertent, because performance standards for such structures in PF districts are noted elsewhere in the Code. • Staff has not been able to identify any reason why such structures should not be considered in the PF district. As a consequence, authorization is being requested at this time to have the City Attorney prepare an ordinance amendment to City Code Chapter 11 to incorporate reference to accessory structures in the PF zoning district description. 7L Agenda Information Memo May 4, 2004 Eagan City Council Meeting Consent M. APPROVE THE SALE OF CITY PROPERTY AT THE NORTHWEST CORNER OF HIGHWAY 3 AND DIFFLEY ROAD — RECOMMENDATION TO CONTINUE ACTION TO BE CONSIDERED: To continue consideration of the sale of City Property at the northwest corner of Highway 3 and Diffley Road to the May 18, 2004 City Council meeting. FACTS: • The City Council previously authorized the distribution of requests for proposal to sell the City owned property at Diffley Road and Hwy 3. Availability of the RFPs was noticed in the official newspaper and copies of the request were distributed by mail and posted on the City website. • In response, only one proposal was received. While the City has not performed a formal appraisal, the proposed purchase price is substantially below the estimated value of the property that was provided to the City by an area real estate broker. Under state law, government entities are obligated to sell property at a fair market price. Staff and the City Attorney are requesting that this item be continued to permit further review of the situation and provide a recommendation as to whether to accept the proposal or reject it and, if it is rejected how best to sell the property at a future date. t7s Agenda Memo May 4, 2004 N. LOT 7, BLOCK 1, FAIRWAY HILLS EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate a portion of a public drainage and utility easement on Lot 7, Block 1, Fairway Hills and schedule a public hearing to be held on June 1, 2004. FACTS: • On April 22, 2004, City staff received a letter from Michael and Debra Hager, 4648 Fairway Hills Drive, requesting the vacation of a portion of the existing drainage and utility easement on Lot 7, Block 1, Fairway Hills, southeast of the intersection of Pilot Knob Road and Cliff Road. • The drainage and utility easement was originally dedicated as part of the Fairway Hills plat at a width of 30'. The non - standard width addresses the topography at the rear of this parcel. • The purpose of the request is to vacate a portion of the easement to allow the construction of a swimming pool on the property. The construction of the pool would include a retaining wall to address the existing topography and revised drainage pattern. • Notices will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. l6 Agenda Memo May 4, 2004 O. PROJECT 790R, CENTRAL PARKWAY - FINAL ASSESSMENTS ACTION TO BE CONSIDERED: Approve the Final Assessments for Project 790R (Central Parkway — Streets and Utilities) for Parcels 10- 22471- 010 -01 & 10- 22471 -010- 02 and authorize its certification to Dakota County for collection. FACTS: • Project 790R provided for the installation of streets and utilities for Central Parkway between Yankee Doodle Rd and Pilot Knob Rd. The majority of the costs associated with this public improvement were to be financed by special assessments to the property located along the north (Central Park) and west (Eagan Preserve) sides in accordance with the purchase agreements with Lockheed Martin (the original owner). • In accordance with the terms of the Development Contract for the Eagan Preserve, Duke Realty, and all subsequent owners (i.e. Argosy University), waived their right to object to the final assessments and the required public hearings. • The project has been completed, all costs tabulated and the final assessment roll has been prepared for Parcels 10- 22471 - 010 -01 (Argosy) in the amount of $1,145,019.11 and 10- 22471 - 010 -02 (Duke) in the amount of $490,722.48. Notices have been sent to the affected property owners of the final amount and date of Council consideration. 17 Agenda Memo May 4, 2004 P. CONTRACT 02 -17, CENTRAL PARKWAY & CEDAR GROVE AREA STREETSCAPING & LIGHTING IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 4 to Contract 02 -17 (Central Parkway and Cedar Grove Area — Streetscaping and Lighting Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 02 -17 provides for the streetscaping and lighting improvements related to the Central Parkway and Central Park/Community Center improvements and the access modifications in the Cedar Grove Redevelopment Area. • Change Order No. 4 consists of twelve various additional streetscaping work items, including lighting and electrical, sidewalk, concrete, grading and irrigation improvements not anticipated under the original contract bid items. • The cost of the work is consistent with bid prices for relevant bid items on other projects within the City of Eagan. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • This change order provides for a total ADD of $14,998 (0.79 %) to the original contract (02 -17). The cost of the work is the responsibility of the City Major Street Fund and assessed to the adjacent benefiting properties as outlined in the feasibility reports for Project 813 — Central Parkway and Project 866 — Cedar Grove Area Streetscaping Improvements. ?g Agenda Information Memo May 4, 2004 ACTION TO BE CONSIDERED: Receive the petition to install "No Parking" signs on the cul -de -sac at the south end of Wescott Woodlands and schedule a public hearing to be held on June 1, 2004. FACTS: • On April 24, 2004, City staff received a petition from Carol Hesse, 3536 Wescott Woodlands, and 6 other signers, (including residents representing 5 properties) requesting the installation of "No Parking" signs on Wescott Woodlands, at the south cul -de -sac. • The reason for the request is to discourage the following activities: dumping of trash in the public right -of -way, obstruction of mail boxes by parked vehicles, illegal business transactions and conflicts between pedestrians and vehicular traffic. • 4 of the 4 property owners nearest to the cul -de -sac with access to Wescott Woodlands have signed the petition requesting the signs. The postal carrier has also signed the petition. • The cul -de -sac bulb is surrounded by the Carriage Hills Golf Course to the west, single - family residential property to the east and a private single - family driveway to the south. • Notices will be published in the legal papers and sent to all potentially affected and /or interested parties for comment prior to the scheduled public hearing. ATTACHMENTS: • Location Map, paged . b • Petition Request, pages a/ Q. WESCOTT WOODLANDS "NO PARKING" SIGN PETITION and 2 9 • Carriage Hilis Golf Course Carriage Hilis Golf Course Oft Wild Rose t. Allat L.. Nil mime magilk G:Russ Matthys \BruceA \W_WOODLANDS_NO_PAR K Yankee Doodle Rd. 3590 / Petition Signers / ■ \ \ c > City of Eagan Wescott Woodlands No Parking Petition April 29, 2004 PETITION NO PARKING SIGNS I /We, the undersigned hereby petition the City Council of the City of Eagan to install No Parking Sign; On cwI d sa an Leicsao r7 Woe co A./4 N05 /We, request this installation for the following reasons: `) /_, s c- .- a c. c d 10. 1. 2. 3. 4. I /We, request that the City Council take this opportunity. NAME (Please print and initial) 1. O,teeL 2- ,7 d.//1 Aj) 4. esse less //- ' rivt4 1 petition request under consideration at its earliest ADDRESS DATE RECEIVED DATE PRESENTED TO COUNCIL APPROVED ❑ DENIED ❑ 3,53 G LLi?es c o r a. t> (o L.C/C'yCo 7 FOR CITY USE ONL L k a - y tau /ci H CS 7 - de, oc / an 35 /11 L.or/ ON) Ci /7 C/.S 3S 3S LJ >sc.c4 LOcc 714441/S April 22, 2004 On April 21, 2004 we were asked by our Postal delivery man to contact the City of Eagan or whomever, to have something done about the number of vehicles parked in the cul de sac on Wescott Woodlands. He was unable on that particular day (apparently not the first time) to get to our four mailboxes to deliver the mail and, in fact, had to do another part of his mail route and come back to attempt to deliver our mail. We, the neighbors, have on occasion be unable to retrieve our mail while driving buy due to the fact that vehicles are parked too close on either side of the mailboxes. The cul de sac is being used as a "rest stop ", parking area and picnic area for an inordinate amount of vehicles during the day time. Vehicles have been documented parked there for up to 2 1 /2 hours at a time with "regulars" (school buses in particular and worker /construction crews) parked there daily for varying times. There is also the continuing problem of disposing of the trash many of these people throw out on to the cul de sac which is left to the neighbors to dispose of off the street and from our yards. Within the past two weeks there has been activity mid- morning (11:30 a.m.) involving a prostitute and a john. There was an incident last September in which the police were called to break up a sexual liaison at 3:50 p.m. which took place while people were walking buy, children were riding bikes and golfers coming and going from the golf course - all within easy view. It is not uncommon to see "parked" vehicles during the late evening hours ?? It is also somewhat a traffic issue. As the golf season begins once again and there being more and more children and families walking and on bikes it makes it more difficult to have to "weave" around parked vehicles to get to and from our homes and the golf course not wanting to hit anyone. Agenda Memo May 4, 2004 R. CHANGE ORDER #4, CONTRACT 03 -09 (WATER TREATMENT PLANT) ACTION TO BE CONSIDERED: Approve Change Order #4, Contract 03 -09 (Water Treatment Plant Expansion) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 03 -09 provides for the expansion and renovation of the existing north Water Treatment Plant located on Coachman Rd. This contract was awarded in July of 2003 and the construction is approx. 40% complete. • Change Order consists of the following items: o Part 1: Protect and grout existing footings (No $ change). o Part 2: Upgrade Fiber Optic Cable from the existing Central Maintenance Facility to the new central control room. (Add $5,774) o Part 3: Reroute ductwork to avoid process piping conflict (No $ change). o Part 4: Remove and Replace concrete floor slab in Well House #4 (Add $4,886) o Part 5: Change pipe connections and wall sleeve for 30" distribution piping (Add $1 4,746) o Part 6: Remove buried concrete rubble in excavations (Add $1,640) o Part 7: Delete painting of filter cells (Deduct $23,635) o Part 8: Re- fabricate steel support columns (Add $1,344) o Part 9: Install additional Plank Hanger for enlarged wall opening in pipe gallery (Add $469) o Part 10: Revise the end connection for door lintel (Add $291) o Part 11: Reduce the number of Dehumidifiers from 6 to 4 (Deduct $3,908) o Part 12: Add sweat drain to potassium permanganate room (Add $3,298) o Part 13: Modify /Increase footing in SE corner (Add $4,065) o Part 14: Reconfigure sunshade louver connection for wind and snow loads (Add $6,228) • Part 8 of this change order will be reimbursed by the consulting Engineering firm as a credit on a future services billing invoice due to a calculation error in a field measurement • The net total of this change order is an ADD of $15,208 (0.10 %) to the original contract amount. If approved, the total of Change Orders 1 -4 will be $73,502.02 (0.50 %) • All work and costs associated with this change order have been reviewed by the consultant and Public Works Dept. and found to be in order for favorable Council consideration. 03 Agenda Memo May 4, 2004 S. PROJECT 778, TH 149 UPGRADE REQUEST FOR PROPOSALS — ENGINEERING SERVICES ACTION TO BE CONSIDERED: Authorize the solicitation of Request for Proposals for professional engineering services for the design, bid and construction phases of Project 778 (Trunk Highway 149 Upgrade — Divided 4 -Lane Highway). FACTS: • Project 778 provides for the upgrade of a 2.4 mile segment of Trunk Highway (TH) 149, beginning at TH 55 and terminating just south of Wescott Road. The proposed project includes upgrading TH 149 to a 4 -lane urban roadway, a new traffic signal at the intersection of TH 149 and Wescott Road, dedicated turn lanes at street intersections and a raised center median. Additionally, a trail will be constructed on the east side of TH 149, interconnecting the existing neighborhoods with the existing regional trail system. • This project has been identified in the City of Eagan's 5 -year Capital Improvement Program (CIP) since 1999. • Federal Surface Transportation Program funding has been secured in the amount of $5,500,000 for this project for the 2007 Program Year (October 1, 2006 to September 30, 2007). The Minnesota Department of Transportation has committed $1,600,000 in additional funding for a project with an estimated construction cost of $7,400,000. • On May 13, 2003, at a workshop meeting reviewing the 5 -year CIP (2004- 2008), the City Council requested that the schedule for this project be accelerated from 2008 to 2005. On June 3, the City Council formally adopted this 5 -year CIP, including this accelerated schedule for Project 778. • The acquisition of the federal funding by the City was the most significant component needed to construct this project. City staff is working on the advancement of this funding, however opportunities to do so are limited. • In order to provide the City with the best opportunity to construct this project prior to 2007 it is imperative that the design be completed as soon as possible. In addition to the challenges of advancing the federal and state funding, easements will also be required. Recent eminent domain rulings could delay the City's typical "quick take" acquisition of needed property. • A formal Request for Proposal (RFP) to solicit professional engineering services has been completed and is ready for distribution. It is proposed that the RFP solicitation will be limited to the 4 firms currently approved to provide Engineering Services to the City: Bonestroo & Associates, SEH Inc, SRF Consulting Group and WSB & Associates, due to their relative expertise and intimate knowledge of the City processes. After a review and formal evaluation of the RFP submittals by a staff committee, a recommendation will be forwarded to the City Council for formal approval at the June 15 Council meeting. It is planned to complete the design in time for construction in 2005, if funding is available and all necessary easements are acquired. 8y� Agenda Information Memo May 4, 2004, Eagan City Council Meeting T. AUTHORIZE STAFF TO DISCONTINUE EVALUATION OF ANY POTENTIAL LEASE/LEASEBACK TRANSACTION FOR CITY WATER AND WASTEWATER ASSETS ACTION TO BE CONSIDERED: To authorize staff to discontinue evaluation of any potential lease/leaseback transaction for City water and wastewater assets. FACTS: • At the September 16, 2003 City Council Meeting staff was authorized to continue to work with Allco Financial Corporation (Allco) in the evaluation and structuring of a possible lease/leaseback transaction for City wastewater and drinking water assets; and authorizing the Mayor and City Clerk, subject to City Attorney review and approval, to enter into a letter of agreement with Allco for purposes of evaluating the feasibility of such a lease/leaseback transaction. • At the January 6, 2004 Finance Committee meeting star 1) was directed to get more information from cities that are participating in the transaction to determine "the what and the why" of their processes; perhaps inviting them to a joint meeting; 2) was further directed to research the question of whether or not the leased assets would be removed from the financial statements of the City, since it appeared to be an issue for Minneapolis, and what the implications of that removal might be for Eagan; and 3) and the Mayor were directed to engage in a conference call with the Office of the State Auditor to directly get the position of that Office on this potential transaction. • With the negative publicity swirling about the potential transaction staff did not proceed to complete the above referenced research noting that the time spent may not be beneficial and that available time is better allocated to other projects. • Due to the continued publicity, most of which has been negative and critical, and potential action regarding both State and Federal concerns over lease/leaseback transactions for tax benefits, staff recommended to the Finance Committee at their meeting on April 15, 2004 that the plug be pulled entirely on the City's interest in pursuing the potential transaction and that the appropriate parties be notified of this action. • The Finance Committee accepted the staff recommendation and is now recommending this action to discontinue evaluation of any potential lease/leaseback transaction for City water and wastewater assets to the full City Council. ATTACHMENTS: None $ S Agenda Information Memo May 4, 2004 Eagan City Council Meeting ACTION TO BE CONSIDERED: FACTS: ATTACHMENTS: CONSENT AGENDA U. APPROVE ORDINANCE AMENDMENT AND SET PERMIT FEE REGARDING FIREWORKS SALES PERMIT 1. To adopt Ordinance # which requires retailers of non - explosive and non - aerial fireworks to obtain a permit from the City of Eagan subject to the rules of M.S. 624.20 to 624.25. 2. To establish a permit fee of $100 for businesses that sell consumer fireworks along with other product lines. 3. To establish a permit fee of $100 for businesses that sell only consumer fireworks. • At its meeting on April 20, 2004, the City Council directed the City Attorney to prepare a Fireworks Sales Permit Ordinance. • Twenty -three (23) cities in Minnesota were contacted about their requirements for retail sales of fireworks. Of those cities, 17 require permits for the sale of fireworks and two are currently creating ordinances for permits. • Discussion items brought up at the April 20th City Council meeting relative to the permit fees: 1. Should the City's permanent retailers be charged the same fee as transient businesses? 2. Selling fireworks has been used by organizations for fundraisers. • Attached survey results reflect the fees established for the cities contacted. • Staff believes that $100 for each type of permit should cover expenses and will monitor our operating costs associated with these permits during the first year of implementation. Fees established by other communities are attached for reference if the City Council wishes to discuss this item further. • Survey results from 23 cities on page g7. • April 20, 2004 cover memo and staff report on pages Ho O through i . • Proposed Ordinance on page 90 q,S • June 5, 2003 memorandum from City Attorney Sharon K. Hills on page 1 9 1 6"'1 6 9 • May 28, 2003 State Fire Marshal Division Fireworks Fact Sheet on pages /6'through $6 FEE FOR TRANSIENT BUSINESSES SELLING FIREWORKS ONLY OSI$ Og£$ $350- permanent building $100- permanent building O01$ 1 OS£$ OS£$ No transient sales OS£$ OS£$ 001.$ 001$ 0£Z$ OS£$ SL$ OS£$ auoM FEE FOR BUSINESSES SELLING FIREWORKS & OTHER PRODUCT LINES 001$ OO1$ 001$ OOI$ 001$ OOi$ 0S$ 001$ 001$ co is 001$ OL$ ()CS SL$ 001$ auoN oN --.7 --,-, -,-- 7 PER REQIJ sax -.7, --?., -T., * -T., ---., -T., --,-, --?, -7., --?, -;., -T., ---,-, * -7., 7 7 7 A113 aure uol2uiuuooig Brooklyn Park aiiinsu flH ulninQ Elk River Farmington Hastings Hopkins Inver Grove Heights Lakeville Little Canada Maple Grove Maplewood Minneapolis Rochester Rosemount aijinasog Pnoi3 '1S St. Louis Park inE '1S W. St. Paul Woodbury 2'? * Denotes cities that are considering fireworks ordinances at this time. Agenda Information Memo April 20, 2004 Eagan City Council Meeting D. PROVIDE STAFF DIRECTION REGARDING RETAIL SALES OF NON- EXPLOSIVE /NON - AERIAL FIREWORKS PERMIT AND FIREWORKS DISPLAY PERMIT ACTION TO BE CONSIDERED: NEW BUSINESS 1. To direct staff to prepare an ordinance requiring retailers to obtain a permit for the sale of fireworks subject to the regulations of S.S. 624.20 1.to 624.25. 2. To direct staff to proceed with an agreement that would allow the City of Eagan to issue permits for fireworks displays. FACTS: • The sale, possession, and use of some non - explosive and non -aerial consumer fireworks are now permitted in Minnesota. • Explosive and aerial fireworks are still prohibited for public sale, possession, and use in Minnesota. • The City of Eagan has adopted the Minnesota State Fire Code (M.S.F.C.). • The M.S.F.C. and Minnesota Statute allows jurisdictions to require permits for retail sales of fireworks. • The issuance of a permit would be a productive code enforcement tool, as well as a tracking mechanism for retail sales of fireworks in Eagan. • Minnesota Statute 624.20 sets the maximum permit charge for retail stands selling only fireworks at $350 /year. For other retailers (i.e. Target, Wal -Mart, gas stations etc.) that sell retail fireworks, the maximum permit fee would be $100. • Issuance of indoor fireworks display permits are currently the responsibility of the Minnesota State Fire Marshal. (M.S.F.M.) • Minnesota Statute 624.22 permits the M.S.F.M. to delegate the fireworks display permit responsibility to local fire chiefs. • Twenty -one cities in Minnesota have been delegated the permitting and inspection responsibilities. • First hand knowledge of fireworks displays would benefit both the Fire Department and Protective Inspections Division. ATTACHMENTS: • Staff report on page • June 5, 2003 memorandum from Sharon K. Hills, City Attorney, on pages • May 28, 2003 State Fire Marshal Division Fireworks Fact Sheet on pages through 88 through COMMUNITY DEVELOPMENT REPORT SUMMARY OF REQUEST Community Department staff is requesting the City Council to consider: 1. Requiring retailers of exempt fireworks to obtain a permit from the City. 2. Authorize staff to issue permits for fireworks displays (pyrotechnics). Currently, the State Fire Marshal is required to issue permits for indoor pyrotechnics displays; however this responsibility can be delegated to the local authority. BACKGROUND 1. Recent legislation allows the sale of certain non - explosive /non - aerial fireworks. City Attorney Sharon Hills June 5, 2003 memorandum states that local municipalities are allowed to require permits for these exempt fireworks. Our department believes that the issuance of permits would be a great tool to enforce the Minnesota State Fire Code rules for the storage and handling of such devices. Currently, we have no idea how many retail outlets include exempt fireworks as part of their product lines. The Fireworks Fact Sheet from the State Fire Marshal Division and the memorandum from Sharon Hills state that the maximum permit fee for retail stands selling only exempt fireworks is capped at $350.00. For other retailers, (i.e. Target, Wal -Mart, gas stations etc.) that sell retail exempt fireworks, the maximum permit fee is capped at $100.00. 2. The tragic fire in a Rhode Island nightclub and a similar event with a different outcome at the Fine Line Music Cafe in Minneapolis prompted our department to look closer into the possibility of analogous events occurring in Eagan. These fires reinforce the lifesaving benefits of fire sprinkler systems. The Rhode Island fire involved pyrotechnics in an unsprinklered structure with questionable wall finish material. The rapid rate of fire and the propensity for occupants to exit via the main entrance doors rather than the closest exits were major factors in the significant loss of life. Fortunately, we have not identified any structures with these similarities in Eagan. Subsequent to these fires, we have performed inspections of known sites that have used indoor pyrotechnics, as well as establishments with a potential to use these displays. Indoor pyrotechnics could be used in schools, churches, bars, or other establishments that have performances. In an effort to more closely monitor pyrotechnics displays, we would like responsibility for issuing permits for indoor displays to be delegated to the City of Eagan by the State Fire Marshal. A permit fee of $100.00 should cover the expenses involved in this process. Additional fees may apply if multiple site inspections are required due to the complexity or duration of an event. g9 Sec. 6.53. Fireworks ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY ADDING SECTION 6.53 REGARDING FIREWORKS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Six is hereby amended by adding Section 6.53 to read as follows: Subd. 1. Definitions. The following terms, as used in this Section, shall have the meanings as stated: A. Consumer Fireworks means wire or wood sparklers of not more than 100 grams of mixture per item, other sparking items which are non - explosive and non -aerial and contain 75 grams or less of chemical mixture per tube, or a total or 200 grams or less for multiple tubes, snake and glow worms, smoke devices, trick noise makers which include paper streamers, party poppers, string poppers, snappers, and drop pops each consisting of not more than 25/100 grains of explosive mixture, toy pistols, to guns in which paper caps containing 25/100 grains or less of explosive compound are used, or toy pistol caps which contain less than 20/100 grains of explosive mixture. Fireworks means any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, and includes blank cartridges, toy cannons, and toy canes in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedos, skyrockets, roman candles, daygo bombs, sparklers other than those identified as consumer fireworks, or other fireworks of like construction and any fireworks containing any explosive or inflammable compound, or any tablets or other device containing any explosive substance and commonly used as fireworks. Consumer fireworks shall not be deemed "fireworks." Subd. 2. Sale, Possession and Use of Fireworks Prohibited. A. Minnesota Statutes, $ §624.20 through 624.25 (2003), and as amended, are hereby adopted by reference as though set forth verbatim herein. B. Except as otherwise provided herein, it shall be unlawful for any person to sell, offer for sale, display for sale, store, possess, use, or explode any fireworks. This 90 subdivision shall not be construed to prohibit the possession, use, sale or explosion of fireworks as permitted by and subject to the permit requirements set forth in Minn. Stat. &624.20 through §624.25. If the State Fire Marshall authorizes the City to permit and regulate indoor fireworks display, then the permitting process as set forth in the state statutes shall apply to any indoor fireworks display in the City. It shall be unlawful for any person or entity to possess, use, explode, or sell at wholesale for the purpose of an outdoor fireworks display or an indoor fireworks display without first obtaining a permit therefor as required and governed by Minn. Stat. § §624.20 through 624.25. Subd. 3. Sale of Consumer Fireworks. A. License required. It is unlawful for any person or entity to, directly or indirectly, keep for retail sale, sell at retail, store or display for sale, or otherwise dispose of any consumer fireworks without first obtaining a license therefor from the City. B. Consumer fireworks license application. Application for a license to sell consumer fireworks hereunder shall be made on a form provided by the City. The application shall contain the full name of the applicant, the applicant's residential address and telephone number, the name of the business, the address and telephone number for which the license is sought, and any additional information the City deems necessary. Upon receipt of the completed application and the license fee, which shall be in an amount set forth by City Council resolution, the City Council shall take action on the license application at the next regularly scheduled City Council meeting. If the City Clerk determines that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete. C. Action on consumer fireworks license application. The applicant shall be subject to a criminal background investigation. The City Council may either approve or deny the license or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant as it deems necessary. The City Council may deny a license on the following grounds: 1. The applicant is under the age of 18 years. 2. The applicant has been convicted within the past five (5) years of any violation of federal, state or local law or ordinance provision or other regulation relating to fireworks or consumer fireworks. 3. The applicant has had a license to sell consumer fireworks or has had a permit for fireworks displays revoked within the preceding twelve (12) months of the date of application. 2 9i 4. The applicant failed to provide information required on the application or provided false or misleading information. 5. The applicant is prohibited by federal, state or other local law or ordinance or other regulation from holding such license. D. Consumer fireworks license conditions. A consumer fireworks license shall be subject to the following requirements: 1. A separate consumer fireworks license shall be issued for the retail sale of consumer fireworks at each fixed place of sale or business and no license shall be issued for a mobile business location. 2. The licensee shall comply with all federal and state laws and regulations regarding fireworks in consumer fireworks and all provisions of this section. 3. Consumer fireworks shall not be sold to any person under the age of eighteen (18) years. Photo identification of each purchaser shall be checked at each sale. 4. Indoor retail sale of consumer fireworks shall occur only on property zoned GB (retail sales), NB, CSC, PD (retail sales). No sale of consumer fireworks shall occur on property zoned residential or on property with mixed uses of which include residential. 5. Outdoor sales of consumer fireworks shall be subject to the temporary outdoor event regulations set forth in the City Code zoning regulations. 6. Retail sale of consumer fireworks shall occur only on the premises for which the license is issued. 7. Smoking within fifty (50) feet of the retail consumer fireworks sale and storage areas is prohibited and the sale and storage area(s) shall have signs designated "No Smoking" in red letters not less than two (2) inches in height on white background. All signs shall be maintained in legible condition and all signage must be approved by the Fire Chief or his/her designee. 8. No consumer fireworks shall be discharged, exploded or used within 100 feet of the building in which the consumer fireworks are being sold or stored. 9. The building in which the consumer fireworks are sold or stored shall have at least two (2) 3A40BC fire extinguishers in the area where the consumer fireworks are sold or stored. 3 9• 10. The building in which the consumer fireworks are being sold or stored shall have at least two exits to the outside and all consumer fireworks display aisles shall be a minimum width of 48 inches. The height of the consumer fireworks display shall not exceed six (6) feet. 11. All consumer fireworks fuses shall be covered or arranged so fuses cannot be touched directly by a person handling the consumer fireworks without that person puncturing or tearing the package. 12. In buildings in which consumer fireworks are sold or stored, and do not have an approved automatic sprinkler system, consumer fireworks sales, displays or storage shall be limited to fifty (50) pounds net pyrotechnic composition or 200 pounds gross weight, if the pyrotechnic composition weight is unknown. In buildings with an approved automatic sprinkler system, fireworks sales, displays and storage shall be limited to 100 pounds net pyrotechnic composition or 400 pounds gross weight, if the pyrotechnic composition weight is not known. 13. A list of all consumer fireworks displayed for sale or stored on the licensed property shall be posted in a conspicuous location near the display and storage areas. The list shall contain the name, weight and quantity of the consumer fireworks and shall be accompanied by the material safety data sheets. Upon request, samples of the consumer fireworks shall be made available to the Fire Chief or his/her designee for testing. 14. A license granted under this Subdivision shall not be transferable. 15. The building in which retail sale consumer fireworks are permitted hereunder shall meet all applicable provisions of the State Building Code and Fire Code. 16. The licensee shall be responsible for the actions of its employees or agents with regard to the sale of consumer fireworks on the licensed premises and for purposes of this provision, the sale of consumer fireworks by an employee or agent will be considered a sale by the licensee. 17. The licensee shall maintain at all times during the duration of the license and as a condition thereof, general liability, bodily injury and property damage insurance approved by the City in a minimum amount of $1,000,000.00 per claim and for each incident. The City shall be named as an additional insured and the licensee shall provide to the City Clerk a current certificate of insurance. The licensee shall notify the City Clerk at least thirty days in advance of any insurance cancellation or threat of cancellation of insurance. 18. The license shall be effective for a period of twelve (12) months, expiring March 31 of each year. Subd. 4. Consumer fireworks regulations. A. No person under the age of eighteen (18) years shall purchase any consumer fireworks. B. No person shall throw, toss or otherwise dispose of any consumer firework at or in the direction of any person, animal, vehicle, thing or object. C. No person shall throw, toss or otherwise discard any consumer fireworks E. from a vehicle, moving or non - moving. D. No consumer fireworks shall be kept, stored, used, permitted or discharged on public property or any public street or right of way. No person shall use or , discharge a consumer firework within any building or structure. F No person shall use or discharge any consumer firework between the hours of 11:00 p.m. and 8:00 a.m. Section 2. The City of Eagan Fee Schedule is hereby amended to add the following fees: Consumer Fireworks Annual License Fee Retail seller selling exclusively consumer fireworks - $100.00 All other retail sellers - $100.00 Section 3. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. 5 95� ATTEST: CITY OF EAGAN City Council By: Maria Petersen By: Pat Geagan Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. TO: / Schoeppner, Chief Building Official FROM: Sharon K. Hills, City Attorney DATE: June 5, 2003 RE: Fireworks Regulations Our File No. 206 -21309 In response to your memorandum dated May 27, 2003, regarding proposed permit regulations for fireworks display and retail sale of non - explosive /non - aerial fireworks type products. I provide the following comments and recommendations: 1. Definition of Fireworks. The sale, possession, use, and explosion of fireworks are regulated by Minn. Stat., § §624.20 to 624.25. These regulations further provide for a permit process for fireworks displays, including indoor and outdoor displays, as well as licensing authority to cities for retail sale of certain non - fireworks products. At the outset, it is important to note that not all products that sparkle or burn are "fireworks" subject to the regulations of § §624.20 to 624.25. Specifically, during the 2002 Legislative Session, the Legislature exempted certain products from the definition of "fireworks," which in effect would make it lawful to use, sell, possess or ignite. These products are very limited, however, consisting of wire or wood sparklers containing not more than 100 grams of explosive mixture; other non - explosive and non - aerial sparkling products that contain no more than 75 grams of chemical mixture; snakes and glow worms; smoke devices (smoke bombs); and or trick noise makers. Because these items are not "fireworks" as the term is defined by Minnesota Statutes, it is imperative that the term "fireworks," not be utilized in the context of any regulations regarding a permit for retail sales of such products. 2. Fireworks Display Permit. In response to the Rhode Island pyrotechnic fire, City staff is proposing a City Code provision requiring indoor and outdoor fireworks display permit. For purposes of this discussion, the term "fireworks" is limited to those products as defined by Minn. Stat. §624.20 and does not include those items specifically excluded from the definition. In researching Minn. Stat. §§ 624.20 to 624.25, it is our office's opinion that a City ordinance requiring a fireworks display permit is not required. First, the state statute already makes it unlawful for any person to sell, possess, use or explode (display) any fireworks unless the person holds a valid fireworks display permit. The State statute also sets forth the permit process. 96 Secondly, during the 2003 Legislative Session, which just adjourned within the last few days, the Legislature has amended the fireworks display permit regulations which are applicable to the issues raised in the City staff memorandum. Specifically, under the new statutory amendments to §624.22, the Legislature distinguished between outdoor fireworks displays and indoor fireworks displays (indoor pyrotechnic displays). Prior to the amendment, the statute provided that a permit for any fireworks display shall be obtained from the local government unit. However, under the new language, a local government unit is responsible for only outdoor fireworks display permits, while indoor fireworks display permits are the responsibility of the State Fire Marshall. Under the statutory mandates, the State Fire Marshall must receive and process indoor fireworks display permit applications, inspect the properties for which the permit is sought, and notify the local fire chief of the permit. The new language does permit the State Fire Marshall to grant a local fire chief the authority to issue permits for indoor fireworks displays; however, if the City decides not to assume the authority or responsibility of issuing indoor fireworks display permits, then the responsibility remains with the State Fire Marshall. In summation, a City ordinance to require and regulate outdoor fireworks display permits is not required as all of the regulatory provisions are set forth in the state statutes. In regard to a City ordinance for indoor fireworks display permits, the permitting process falls within the authority and responsibility of the State Fire Marshall, unless the City decides to accept the authority to issue the permits as delegated by the State Fire Marshall. If the City decides not to accept responsibility as delegated, then the permitting process remains with the State Fire Marshall. 3. Permits for Retail Sales of Exempt Fireworks. As stated above, certain sparkling or ignited products do not constitute "fireworks" under the state regulations in Minn. Stat. § §624.20 to 624.25. For purposes of this Memorandum, I will refer to those products that are specifically excluded from the definition of "fireworks" as "exempt fireworks." ' During the 2002 Legislative Session, the Minnesota Legislature removed certain products from the definition of fireworks which in turn, authorized the use, explosion, possession, and sale of those products. During the 2003 Legislative Session, the Minnesota Legislature passed into law a city's right to require an annual license for the sale of "exempt fireworks." Under the new law, the annual license fee may not exceed $350.00 and the City may not prohibit or restrict the display for retail sale those products that comply with the National Fire Protection Association Standards or impose any financial guarantee requirements upon a licensed retail seller. Unlike the fireworks display permit process, the State statute does not provide for the license or permit process. Therefore, if it is the City's desire to require a license for the retail sale of "exempt• fireworks," then an ordinance should be enacted by City Council. In conclusion, I have enclosed for your reference a copy of Minn. Stat. § §624.20 to 624.25, including a copy of the Legislative bills that were passed in 2003. SKH/j It cc: Tom Hedges, City Administrator Craig Jensen, Fire Chief — Eagan Fire Department 9 7 vnnesota Statutes 2002, Chapter 624. 2-opyright 2002 by the Office of Revisor of Statutes, State of Minnesota. —624.01 624.01 Repealed, 1995 c 186 s 103 == 624.02 624.02 Repealed, 1985 c 212 s 27 == 624.03 624.03 Repealed, 1995 c 186 s 103 == 624.04 624.04 Service of process on the Sabbath prohibited. Every service of legal process upon the Sabbath day, except in case of a breach or apprehended breach of the peace, or when sued out for the apprehension of a person charged with crime, or where such service is expressly authorized by statute, is hereby prohibited. HIST: (10237) RL s 4983 I I == 624.20 AWMeV\ktA ZIA J A. . ['4. !.1 a. C 1n.e A 624.20 Fireworks. Subdivision 1. (a) As used in sections 624.20 to 624.25, the term "fireworks" means any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, and includes blank cartridges, toy cannons, and toy canes in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, sparklers other than those specified in paragraph (c), or other fireworks of like construction, and any fireworks containing any explosive or inflammable compound, or any tablets or other device containing any explosive substance and commonly used as fireworks. (b) The term "fireworks" shall not include toy pistols, toy guns, in which paper caps containing 25/100 grains or less of explosive compound are used and toy pistol caps which contain less than 20/100 grains of explosive mixture. (c) The term also does not include wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical mixture per tube or a total of 2Q0 grams or less for multiple tubes, snakes and glow worms, smoke devices, or trick noisemakers which include paper streamers, party poppers, string poppers, snappers, and drop pops, each consisting of not more than twenty -five hundredths grains of explosive mixture. The use of items listed in this paragraph is not permitted_ on public property. This paragraph does not authorize the purchase of items listed in it by persons younger than 18 years of age. The age of a purchaser of items listed in this paragraph must be verified by photographic identification. rage 1 01 .)u http: / /www. revisor. leg. state .mn.us /cgi- bin/getstatchap.pl 91" 6/3/2003 Subd. 2. As used in sections 624.20 to 624.25, the term "explosive fireworks" means any fireworks that contain pyrotechnic or flash powder, gunpowder, black powder, or any other explosive compound constructed to produce detonation or deflagration. HIST: 1941 c 125 s 1; 1988 c 584 s 2; 2002 c 350 s 1 == 624.21 624.21 Sale, possession, and use of fireworks prohibited. Except as otherwise provided in sections 624.20 to 624.25, it shall be unlawful for any person to offer for sale, expose for sale, sell at retail or wholesale, possess, advertise, use, or explode any fireworks. This section shall not be construed to prohibit the possession, use, or explosion of fireworks by an engineer licensed pursuant to sections 326.02 and 326.03 or a person under the engineer's direct supervision when undertaking acoustical testing; or sales at wholesale to those persons holding valid permits for a fireworks display from a governmental subdivision of the state; or sales outside the state or sales to licensed professional engineers for acoustical testing purposes only. HIST: 1941 c 125 s 2; 1963 c 818 s 1; 1982 c 440 s 1; 1988 c 584 s 3; 1994 c 636 art 5 s 17 == 624.22 624.22 Fireworks displays; permit; operator -- 2 O 3 - e. R.. CA.. 1 7 1 7 0 certification. Subdivision 1. General requirements; permit; investigation; fee. (a) Sections 624.20 to 624.25 do not prohibit the supervised display of fireworks by a statutory or home rule charter city, fair association, amusement park, or other organization, except that: (1) a fireworks display may be conducted only when supervised by an operator certified by the state fire marshal; and (2) a fireworks display must either be given by a municipality or fair association within its own limits, or by any other organization, whether public or private, only after a permit for the display has first been secured. (b) An application for a permit must be made in writing to the municipal clerk at least 15 days in advance of the date of the display and must list the name of an operator who is certified by the state fire marshal and will supervise the display. The application must be promptly referred to the chief of the fire department, who shall make an investigation to determine whether the operator of the display is competent and is certified by the state fire marshal, and whether the display is of such a character and is to be so located, discharged, or fired that it will not be hazardous to property or endanger any person. The fire chief shall report the results of this investigation to the clerk. If the fire chief reports that the operator is certified, that in the chief's opinion the operator http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 99 1 a6... vl 6/3/2003 is competent, and that the fireworks display as planned will conform to the safety guidelines of the state fire marshal provided for in paragraph (e), the clerk shall issue a permit for the display when the applicant pays a permit fee. (c) When the supervised fireworks display for which a permit is sought is to be held outside the limits of an incorporated municipality, the application must be made to the county auditor, and the auditor shall perform duties imposed by sections 624.20 to 624.25 upon the clerk of the municipality. When an application is made to the auditor, the county sheriff shall perform the duties imposed on the fire chief of the municipality by sections 624.20 to 624.25. (d) After a permit has been granted, sales, possession, use and distribution of fireworks for a display are lawful for that purpose only. A permit is not transferable. (e) The state fire marshal shall adopt and disseminate to political subdivisions rules establishing guidelines on fireworks display safety that are consistent with sections 624.20 to 624.25 and the most recent editions of the Minnesota Uniform Fire Code and the National Fire Protection Association Standards, to insure that fireworks displays are given safely. In the guidelines, the state fire marshal shall allow political subdivisions to exempt the use of relatively safe fireworks for theatrical special effects, ceremonial occasions, and other limited purposes, as determined by the state fire marshal. Subd. 2. Operator certification requirements. (a) An applicant to be a supervising operator of a fireworks display shall meet the requirements of this subdivision before the applicant is certified by the state fire marshal. (b) An applicant must be at least 21 years old. (c) An applicant must have completed a written examination, administered or approved by the state fire marshal, and achieved a passing score of at least 70 percent. The state fire marshal must be satisfied that achieving a passing score on the examination satisfactorily demonstrates the applicant's knowledge of statutes, codes, and nationally recognized standards concerning safe practices for the discharge and display of fireworks. (d) An applicant shall apply in writing to the state fire marshal by completing and signing an application form provided by the state fire marshal. (e) An applicant shall submit evidence of experience, which must include active participation as an assistant or operator in the performance of at least five fireworks displays, at least one of which must have occurred in the current or preceding year. Subd. 3. Certification application; fee. An applicant shall submit a completed initial application form including references and evidence of experience and successful completion of the written examination. Applicants shall pay a certification fee of $100 to the state fire marshal division of the department of public safety. The state fire marshal shall http://www.revisor.leg.state.mn.us/egi-bin/getstatchap.pl rd.b'G J VI JV 6/3/2003 review the application and send to the applicant written confirmation or denial of certification within 30 days of receipt of the application. Certification is valid for a period of four years from the date of issuance. Subd. 4. Classification. When an applicant has met the requirements of subdivisions 2 and 3, the state fire marshal shall certify and classify the operator for supervising proximate audience displays, including indoor fireworks displays, for supervising traditional outdoor fireworks displays, or for supervising both types of displays, based on the operator's documented experience. Subd. 5. Responsibilities of operator. The operator is responsible for ensuring the fireworks display is organized and operated in accordance with the state fire marshal's guidelines described in subdivision 1. Subd. 6. Reports. (a) The certified operator shall submit a written report to the state fire marshal within ten days following a fireworks display conducted by the operator if any of the following occurred: (1) an injury to any person resulting from the display of fireworks; (2) a fire or damage to property resulting from the display of fireworks; or (3) an unsafe or defective pyrotechnic product or equipment was used or observed. (b) The certified operator shall submit a written report to the state fire marshal within 30 days following any other fireworks displays supervised by the operator. (c) The state fire marshal may require other information from operators relating to fireworks displays. Subd. 7. Operator certification renewal. An applicant shall submit a completed renewal application form prepared and provided by the state fire marshal, which must include at least the dates, locations, and authorities issuing the permits for at least three fireworks displays participated in or supervised by the applicant and conducted during the past four years. An applicant shall pay a certification renewal fee of $100 to the state fire marshal division of the department of public safety. The state fire marshal shall review the application and send to the applicant written confirmation or denial of certification renewal within 30 days of receipt of the application. Certification is valid for a period of four years from the date of issuance. Subd. 8. Suspension, revocation, or refusal to renew certification. The state fire marshal may suspend, revoke, or refuse to renew certification of an operator if the operator has: (1) submitted a fraudulent application; (2) caused or permitted a fire or safety hazard to exist or http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 6/3/2003 occur during the storage, transportation, handling, preparation, or use of fireworks; (3) conducted a display of fireworks without receipt of a permit required by the state or a political subdivision; (4) conducted a display of fireworks with assistants who were not at least 18 years of age, properly instructed, and continually supervised; or (5) otherwise failed to comply with any federal or state law or regulation, or the guidelines, relating to fireworks. Subd. 9. Database. The commissioner of public safety shall maintain a database of the information required under this section for purposes of (1) law enforcement, (2) investigative inquiries made under subdivision 1, and (3) the accumulation and statistical analysis of information relative to fireworks displays. HIST: 1941 c 125 s 3; 1973 c 123 art 5 s 7; 1985 c 248 s 70; 1986 c 444; 1995 c 226 art 4 s 23; 1997 c 187 art 1 s 23 == 624.221 624.221 Exemptions for license or permit holder. Sections 624.20, 624.21, and 624.23 to 624.25 do not apply to: (a) the holders of a federal explosives license or permit issued pursuant to United States Code, title 18, chapter 40, or their agents when the holder or agent is acting in compliance with the conditions of licensure; or (b) the holders of permits issued pursuant to section 624.22 or their agents, from the date of issuance until 20 days after the date of exhibition authorized by the permit, when the holder or agent is acting in compliance with the conditions of the permit and section 624.22. == 624.24 HIST: 1988 c 584 s 4 == 624.23 624.23 Construction of sections 624.20 to 624.25. Nothing in sections 624.20 to 624.25 shall be construed to prohibit any resident wholesaler, dealer, or jobber, from possessing or selling at wholesale fireworks which are not prohibited; or the possession or sale of any kind of fireworks for shipment directly out of the state; or the possession or use of fireworks by airplanes and railroads, or other transportation agencies for signal purposes or illumination; or the possession, sale, or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations or for use as a bird or animal repelling device. HIST: 1941 c 125 s 4; 1971 c 710 s 1; 1988 c 584 s 5 L a .. J VL JV http: / /www.revisor.leg. state .mn.us /cgi- bin/getstatchap.pl 6/3/2003 ✓ Mnnesota Statutes 2UO2, 624.24 Minnesota Statutes 2002, Table of Chapters ['able of contents for Chapter 624 624.24 Officers may seize illegal fireworks. The state fire marshal, or any sheriff, police officer, constable, or local fire marshal, shall seize, take, remove, or cause to be removed, at the expense of the owner, all stocks of fireworks or combustibles offered or exposed for sale, stored, or held in violation of sections 624.20 to 624.25. HIST: 1941 c 125 s 5 Copyright 2002 by the Office of Revisor of Statutes, State of Minnesota. http://www.revisor.leg.state.mn.us/stats/624/24.html /03 1 agli 1 V 1 1 6/3/2003 'llnnesoia Jiarutes 2UUZ, 024.23 Minnesota Statutes 2002, Table of Chapters 'able of contents for Chapter 624 624.25 Violation. Any person violating the provisions of sections 624.20 to 624.24 may be sentenced as follows: (1) if the violation involves explosive fireworks in an amount of 35 pounds gross container weight or more, to imprisonment for not more than one year, or to payment of a fine of not more than $3,000, or both; (2) if the violation involves explosive fireworks in an amount of less than 35 pounds gross container weight, to imprisonment for not more than 90 days, or to payment of a fine of not more than $700, or both; and (3) if the violation involves any amount of fireworks other than explosive fireworks, to imprisonment for not more than 90 days, or to payment of a fine of not more than $700, or both. HIST: 1941 c 125 s 6; 1988 c 584 s 6 Copyright 2002 by the Office of Revisor of Statutes, State of Minnesota. http://www.revisor.leg.state.mn.us/stats/624/25.html / ,1 1 av, 1 VI. 1 6/3/2003 ..r ivo. yuj, .sra t:ngrossment 74.1 Sec. 6. Minnesota Statutes 2002, section 624.20, ;74.2 subdivision 1, is amended to read: X74.3 Subdivision 1. (a) As used in sections 624.20 to 624.25, >74.4 the term "fireworks" means any substance or combination of >74.5 substances or article prepared for the purpose of producing a >74.6 visible or an audible effect by combustion, explosion, 174.7 deflagration, or detonation, and includes blank cartridges, toy 574.8 cannons, and toy canes in which explosives are used, the type of 374.9 balloons which require fire underneath to propel them, 374.10 firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, 374.11 sparklers other than those specified in paragraph (c), or other 374.12 fireworks of like construction, and any fireworks containing any 374.13 explosive or inflammable compound, or any tablets or other 374.14 device containing any explosive substance and commonly used as 374.15 fireworks. 374.16 (b) The term "fireworks" shall not include toy pistols, toy 374.17 guns, in which paper caps containing 25/100 grains or less of 374.18 explosive compound are used and toy pistol caps which contain 374.19 less than 20/100 grains of explosive mixture. 374.20 (c) The term also does not include wire or wood sparklers 374.21 of not more than 100 grams of mixture per item, other sparkling 374.22 items which are nonexplosive and nonaerial and contain 75 grams 374.23 or less of chemical mixture per tube or a total of 200 grams or 374.24 less for multiple tubes, snakes and glow worms, smoke devices, 374.25 or trick noisemakers which include paper streamers, party 374.26 poppers, string poppers, snappers, and drop pops, each 374.27 consisting of not more than twenty -five hundredths grains of 374.28 explosive mixture. The use of items listed in this paragraph is 374.29 not permitted on public property. This paragraph does not 374.30 authorize the purchase of items listed in it by persons younger 374.31 than 18 years of age. The age of a purchaser of items listed in 374.32 this paragraph must be verified by photographic identification. 374.33 (d) A local unit of government may impose an annual license 374.34 fee for the retail sale of items authorized under paragraph 374.35 (c). The annual license fee of each retail seller that is in 374.36 the business of selling only the items authorized under 375.1 paragraph (c) may not exceed $350, and the annual license of 375.2 each other retail seller may not exceed $100. A local unit of 375.3 government may not: 375.4 (1L impose any fee or charge, other than the fee authorized 375.5 by this paragraph, on the retail sale of items authorized under 375.6 paragraph (c); 375.7 (2) prohibit or rest_rict display of items for permanent 375.8 or temporary retail sale authorized under paragraph (c) that 375.9 comply with National Fire Protection Association Standard 1124 375.10 (2003 edition); or 375.11 (3) impose on a retail seller any financial guarantee 375.12 requirements, including bonding or insurance provisions, 375.13 containing restrictions or conditions not imposed on . the same 375.14 basis on all other business licensees. 375.15 (EFFECTIVE DATE.] This section is effective the day 375.16 following final enactment. http: / /www. revisor. leg. state.mn.us /cgi- bin/getbi11.p1? version = latest &session =ls83 &number =S905 6/3/2003 vin J.t .L LUU3 SpS 1St 40.14 Sec. 28. Minnesota Statutes 2002, section 624.22, 40.15 subdivision 1, is amended to read: 40.16 Subdivision 1. [GENERAL REQUIREMENTS; PERMIT; 40.17 INVESTIGATION; FEE.] (a) Sections 624.20 to 624.25 do not 40.18 prohibit the supervised display of fireworks by a statutory or 40.19 home rule charter city, fair association, amusement park, or 40.20 other organization, except that: 40.21 (1) a fireworks display may be conducted only when 40.22 supervised by an operator certified by the state fire marshal; 40.23 and 40.24 (2) a fireworks display must either be given by a 40.25 municipality or fair association within its own limits, or by 40.26 any other organization, whether public or private, only after a 40.27 permit for the display has first been secured. 40.28 (b) An application for a permit for an outdoor fireworks 40.29 display must be made in writing to the municipal clerk at least 40.30 15 days in advance of the date of the display and must list the 40.31 name of an operator who is certified by the state fire marshal 40.32 and will supervise the display. The application must be 40.33 promptly referred to the chief of the fire department, who shall 40.34 make an investigation to determine whether the operator of the 40.35 display is competent and is certified by the state fire marshal, 40.36 and whether the display is of such a character and is to be so 41.1 located, discharged, or fired that it will not be hazardous to 41.2 property or endanger any person. The fire chief shall report 41.3 the results of this investigation to the clerk. If the fire 41.4 chief reports that the operator is certified, that in the 41.5 chief's opinion the operator is competent, and that the 41.6 fireworks display as planned will conform to the safety 41.7 guidelines of the state fire marshal provided for in 41.8 paragraph 4e-- (f), the clerk shall issue a permit for the 41.9 display when the applicant pays a permit fee. 41.10 (c) When the supervised outdoor fireworks display for which 41.11 a permit is sought is to be held outside the limits of an 41.12 incorporated municipality, the application must be made to the 41.13 county auditor, and the auditor shall perform duties imposed by 41.14 sections 624.20 to 624.25 upon the clerk of the municipality. 41.15 When an application is made to the auditor, the county sheriff 41.16 shall perform the duties imposed on the fire chief of the 41.17 municipality by sections 624.20 to 624.25. 41.18 (d) An application for an indoor firewor_ks_display__permi_t 41.19 must be made in writing to the state fire marshal by the 41.20 operator of the facility in which the display is to occur at 41.21 least 15 days in advance of the date of any performance, show, 41.22 or event which will include the discharge of fireworks inside a 41.23 building or structure. The application must list the name of an 41.24 operator who is certified by the state fire marshal and will 41.25 supervise the display. The state _fire marshal shal1 make an 41.26 investigation to determine whether the operator of the display 41.27 is competent and is properly certified and whether the display 41.28 is of such a character and is to be so located, discharged, or 41.29 fired that it will not be hazardous to property or endanger any 41.30 person. If the state fire marshal determines that the operator 41.31 is certified and competent, that the indoor fireworks display as 41.32 planned will conform to the safety guidelines provided for in 41.33 paragraph (f), and that adequate notice will be given to inform 41.34 patrons of the indoor fireworks display, the state fire marshal 41.35 shall issue a permit for the display when the applicant pays an 41.36 indoor fireworks fee of $150 and reimburses the fire marshal for 42.1 costs of inspection. Receipts from the indoor fireworks fee and /d6 r agc i vl nn "1 S Z V /w ) . � z... v j http : / /www. revisor. leg. state.mn.us /cgi- bin/getbill.pl? version= latest& session= ls83 &number=S2 &session _y... 6/3/2003 vin 6.r.z zuus sps 1st 42.2 inspection reimbursements must be deposited in the general fund 42.3 as a nondedicated receipt. The state fire marshal may issue a 42.4 single permit for multiple indoor fireworks displays when all of 42.5 the displays are to take place at the same venue as part of a 42.6 series of performances by the same performer or group of 42.7 performers. A copy of the application must be promptly conveyed 42.8 to the chief of the local fire department, who shall make 42.9 appropriate preparations to ensure public safety in the vicinity 42.10 of the display. The operator of a facility where an indoor 42.11 fireworks display occurs must provide notice in a prominent 42.12 place as approved by the state fire marshal to inform patrons 42.13 attending a performance when indoor fireworks will be part of 42.14 that performance. The state fire marshal may grant a local fire 42.15 chief the authority to issue permits for indoor fireworks 42.16 displays. Before issuing a permit, a local fire chief must make 42.17 the determinations required in this paragraph. 42.18 Le_j After a permit has been granted under either paragraph 42.19 (b) or (d), sales, possession, use and distribution of fireworks 42.20 for a display are lawful for that purpose only. A permit is not 42.21 transferable. 42.22 -Fed- (f) The state fire marshal shall adopt and disseminate 42.23 to political subdivisions rules establishing guidelines on 42.24 fireworks display safety that are consistent with sections 42.25 624.20 to 624.25 and the most recent editions of the Minnesota 42.26 Uniform Fire Code and the National Fire Protection Association 42.27 Standards, to insure that fireworks displays are given safely. 42.28 In the guidelines, the state fire marshal shall allow political 42.29 subdivisions to exempt the use of relatively safe fireworks for 42.30 theatrical special effects, ceremonial occasions, and other 42.31 limited purposes, as determined by the state fire marshal. 42.32 [EFFECTIVE DATE.] This section is effective the day 42.33 following final enactment. /D http: / /www. revisor. leg .state.mn.us /cgi- bin/getbill.pl ?version= latest &session =ls83 &number= S2 &session_y... 6/3/2003 Minnesota State Department of Public Safety Alcohol & Gambling Enforcement Bureau of Criminal Apprehension Capitol Security Crime Victim Services Driver & Vehicle Services Emergency Management / Emergency Response Commission State Fire Marshal / Pipeline Safety State Patrol Traffic Safety r MINNES s S O T i v PAti State Fire Marshal Division 444 Cedar Street, Suite 145, St. Paul, Minnesota 55101 -5145 Phone: 651/215 -0500 FAX: 651/215 -0525 TTY: 651/282/6555 Internet: http: / /www.dps.state.mn.us. FIREWORKS FACT SHEET This fact sheet now includes changes to the fireworks laws made by the Minnesota Legislature in both 2002 and 2003 SECTION 1 - INTRODUCTION This fire safety sheet is based upon Minnesota Statute 624.20, which allows for the public sale, possession and use of a limited number of, but not all, consumer fireworks. Its purpose is to provide uniform application of the 2003 Minnesota State Fire Code (MSFC) and Minnesota Statute provisions. More information is available from the State Fire Marshal Division by calling 651- 215 -0500. E -mail questions to firecode @state.mn.us or visit our web page at www.fire.state.mn.us for the latest information on fire in Minnesota. SECTION 2 — SUMMARY OF CHANGES TO MINNESOTA FIREWORKS LAWS EFFECTIVE APRIL 30, 2002 2.1 Legal and Illegal Fireworks within Minnesota The sale, possession and use of some non - explosive and non -aerial consumer fireworks are now permitted in Minnesota effective April 30, 2002. Examples of items that are now permitted include sparklers, cones and tubes that emit sparks, novelty items like snakes, and party poppers. Please review the list of examples of legal and illegal fireworks. These consumer fireworks may not be used on public property (i.e. parks, roads, alleys, schools, government property, etc.). Purchasers of these fireworks must be at least eighteen (18) years of age and retailers need to check photo identification. The sale, possession or use may occur throughout the year. Explosive and aerial fireworks are still prohibited for public sale, possession and use in the State of Minnesota. Prohibited fireworks include, but are not limited to, firecrackers, bottle rockets, missiles, roman candles, mortars and shells. Page 1 of 6 /Ly SFMD Fact Sheet - INS -26 May 28, 2003 Page 2 of 6 2.2 Banned Fireworks by Federal Regulations (CFR; Part 1500.17) In addition, the United States Consumer Products Safety Commission (CPSC) has established a summary of banned fireworks within the United States. This list can be found within Code of Federal Regulations (CFR) Section 1500.17. 16 CFR 1500.17 (a)(8) limits firecrackers and other ground devices to 50 mg. of pyrotechnic composition (powder) designed to produce an audible effect. Firecrackers that exceed this limit, including but not limited to, illegal devices such as `cherry bombs', `M- 80's', `silver salutes', and other large firecrackers are banned. Kits and components intended to produce any banned device violates the federal regulations. 16 CFR 1500.17 (a)(3) limits aerial fireworks devices to 130 mg (2 grains) of pyrotechnic composition intended to produce an audible effect. Aerial devices, which are devices that are launched into the air then function, that have an audible effect larger than 130mg are banned fireworks devices. Once again, kits and components intended to produce any banned aerial device also violates federal regulations. Other federal guidelines under Title 16, Part 1507 of the CFR: 1. Fuses must resist side ignition and must burn for at least 3 but not more than 9 seconds; 2. The fuse must support twice the weight of the device to which it is attached or the weight plus eight (8) ounces, whichever is less; 3. The shortest dimension of the base of a fireworks device that stands upright must be at least 1/3 of the overall height of device or must pass a 12 degree tilt test; 4. Devices must be sealed to prevent leakage of pyrotechnic material at any tune; 5. Devices must not exhibit burnout or blowout; 6. Handles and spikes must be securely attached. Handles must be at least four (4) inches long, and spikes must be at least two (2) inches long and have a blunt tip; 7. Wheels must have drivers securely attached; 8. Toy smoke devices must not burst or produce excessive extemal flame during operation; 9. Rockets must have sticks which are straight, rigid, and which remain securely attached; 10. Party poppers must not have more than 0.25 grains of pyrotechnic composition, nor have paper or plastic inserts which ignite during operation; 1 1 . Fireworks must not contain the following chemicals: arsenic sulfide, arsenates, arsenites, boron, chlorates, gallates, gallic, acid, magnesium, mercury salts, phosphorous, picrates, picric acid, thiocyanates, titanium, or zirconium (See 16 CFR § 1507.2 for exceptions); 12. Large multiple -tube mine and shell devices with any tube measuring 1.5 inches or more in inside diameter must not have a minimum tip angle of less than 60 degrees. /09 SFMD Fact Sheet - INS -26 May 28, 2003 Page 3 of 6 Additionally, some fireworks are banned if they look like candy, food, or other banned fireworks devices. Dragon eggs which look like foil wrapped chocolate candy kisses, cracker balls which look like breakfast cereal, and smoke devices like cherry bombs or "M -80's" are banned fireworks devices. 2.3 Public Display Fireworks The requirements outlined for "public" display fireworks remain unchanged. For further information please review our web site for the fireworks operator display certification requirements. SECTION 3 — SUMMARY OF CHANGES MADE EFFECTIVE MAY 28, 2003 RELATING TO LOCAL LICENSE FEES AND RETAIL STANDS FOR CONSUMER FIREWORKS SALES 3.1 NFPA 1124 (2003 Edition) Effective May 28, 2003, Minnesota Statute 624.20 was amended to include wording that limits the license fees that local jurisdictions can charge for fireworks sales, and that local jurisdictions cannot prohibit a retail stand that complies with National Fire Protection Association (NFPA) Standard 1124 (2003 Edition). Local jurisdictions are not allowed to adopt ordinances that are more restrictive than NFPA 1124 (03) in accordance with Minnesota law. SECTION 4 — FREQUENTLY ASKED QUESTIONS ON ENFORCEMENT OF THE MSFC AS IT RELATES TO FIREWORKS 4.1 Frequently Asked Questions Although a new law changes the definition of fireworks in Minn. Stat 624.20(c), it does nothing to change enforcement of the Minnesota State Fire Code (MSFC) as it relates to these legal consumer fireworks. As a service to the Minnesota Fire Service and the general public, the State Fire Marshal Division has assembled this list of frequently asked questions relating to fireworks and the MSFC. This analysis was done in response to a request by the Minnesota State Fire Chiefs Association. Question 1— Are local jurisdictions allowed to adopt requirements that exceed the fire code as it relates to fireworks? Answer to question 1— No, due to the amendment to Minnesota Statute 624.20 in the 2003 legislative session, local jurisdictions must accept a retail stand that can prove they comply with National Fire Protection Association Standard 1124 (2003 Edition). Reference for question 1: Minnesota Statute 624.20: This is contained in SF905 (Regular Session Bills), beginning on line 374.1 //o SFMD Fact Sheet - INS -26 May 28, 2003 Page 4 of 6 Sec. 6. Minnesota Statutes 2002, section 624.20, subdivision 1, is amended to read: Subdivision 1. (a) As used in sections 624.20 to 624.25, the term "fireworks" means any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, and includes blank cartridges, toy cannons, and toy canes in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, sparklers other than those specified in paragraph (c), or other fireworks of like construction, and any fireworks containing any explosive or inflammable compound, or any tablets or other device containing any explosive substance and commonly used as fireworks. (b) The term "fireworks" shall not include toy pistols, toy guns, in which paper caps containing 25/100 grains or less of explosive compound are used and toy pistol caps which contain less than 20/100 grains of explosive mixture. (c) The term also does not include wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical mixture per tube or a total of 200 grams or less for multiple tubes, snakes and glow worms, smoke devices, or trick noisemakers which include paper streamers, party poppers, string poppers, snappers, and drop pops, each consisting of not more than twenty -five hundredths grains of explosive mixture. The use of items listed in this paragraph is not permitted on public property. This paragraph does not authorize the purchase of items listed in it by persons younger than 18 years of age. The age of a purchaser of items listed in this paragraph must be verified by photographic identification. (d) A local unit of government may impose an annual license fee for the retail sale of items authorized under paragraph (c). The annual license fee of each retail seller that is in the business of selling only the items authorized under paragraph (c) may not exceed $350 and the annual license of each other retail seller may not exceed $100. A local unit of government may not: (1) impose any fee or charge, other than the fee authorized by this paragraph, on the retail sale of items authorized under paragraph (c); (2) prohibit or restrict the display of items for permanent or temporary retail sale authorized under paragraph (c) that comply with National Fire Protection Association Standard 1124 (2003 edition); or (3) impose on a retail seller any financial guarantee requirements, including bonding or insurance provisions, containing restrictions or conditions not imposed on the same basis on all other business licensees. [EFFECTIVE DATE.] This section is effective the day following final enactment. Question 2 — Can local jurisdictions require a permit for fireworks retail sale or storage, just as they do for hazardous materials or high piled storage? Answer to question 2 — Yes. The MSFC and Minnesota Statute currently allows for permits to be obtained for retail firework sales. Minnesota Statute 624.20 sets the maximum permit charge for retail stands selling only fireworks to be capped /1/ SFMD Fact Sheet - INS -26 May 28, 2003 Page 5 of 6 at $350 /year. For other retailers (i.e. Target, Wal -Mart, gas stations, etc.) that sell retail fireworks, the maximum permit fee is capped at $100. Reference for question 2: Minnesota Statute 624.20 Question 3 — Can a code official require additional fire protection systems in addition to what is required by NFPA 1124 (03) in retail sales occupancies? Answer to question 3: No, the way Minnesota law currently reads in state statute, local jurisdictions must accept a retail stand that can prove they comply with the requirements outlined in NFPA 1124 (2003 Edition). Reference for question 3: Minnesota Statute 624.20 Question 4 — Can a code official limit smoking in retail sales buildings, warehouses or tents containing fireworks? Answer to question 4: Yes. No smoking shall be conducted within 50 feet of the consumer fireworks retail area. Reference for question 4: NFPA 1124 (03) Section 7.6.5.1 Questions 5 — Can a code official prevent fireworks from being sold in tents or road side stands? Answer to question 5: No. NFPA 1124 does not prohibit tents or roadside stands. Once again, a code official cannot deny a permit to an applicant as long as they can prove they comply with NFPA 1124 (03). However, they must comply with all of the requirements within NFPA 1124 (03) for temporary stands. Reference for question 5: NFPA 1124 (03) Section 7.7.2 Question 6 — Does Chapter 33 (Explosives and Fireworks) of the MSFC apply to the manufacture, storage and transportation of fireworks? Answer to question 6: Yes, Chapter 33 (Explosives and Fireworks) of the MSFC applies to possession, manufacture, storage, handling, sale and use of explosives, explosive materials, display fireworks and small arms ammunition. There are some exceptions listed under MSFC (03) Section 3301.1, so please read carefully. Reference for question 6: MSFC (03) 3301.1. SFMD Fact Sheet - INS -26 May 28, 2003 Page 6 of 6 Questions 7 — Does the MSFC consider fireworks to be flammable solids and subject them to the requirements for H occupancies when storing above the 125 -pound limit in Chapter 27? Answer to question 7: No. Although this may appear to be a possible enforcement option, the definitions in the MSFC for flammable solid do not support such a determination. Also, the examples found in Appendix E, make no mention of fireworks being a flammable solid. In summary, the State Fire Marshal does not recommend using this reference in relation to consumer fireworks. Reference for question 7: MSFC Definitions - FLAMMABLE SOLID- A solid, other than a blasting agent or explosive, that is capable of causing fire through friction, absorption or moisture, spontaneous chemical change, or retained heat from manufacturing or processing, or which has an ignition temperature below 212 °F (100 °C) or which burns so vigorously and persistently when ignited as to create a serious hazard. A chemical shall be considered a flammable solid as determined in accordance with the test method of CPSC 16 CFR; Part 1500.44, if it ignites and burns with a self - sustained flame a greater than 0.1 inch (2.5mm) per second along its major axis. Appendix E E102.1.4 Flammable solids. Examples Include: 1. Organic solids. Examples: camphor, cellulose nitrate and napthalene. 2. Inorganic solids. Examples: decaborane, lithium amide, phosphorous heptasulfide, phosphorous sesquisulfide, potassium sulfide, anhydrous sodium sulfide and sulfur. 3. Combustible metals (except dusts and powders). Examples: cesium, magnesium and zirconium. 4. Combustible dusts and powders (including metals). Examples: wood sawdust, plastics, coal, flour and powdered metals (few exceptions). 5. Combustible fibers. Question 8 — Is the chief allowed to prohibit the use of fireworks in hazardous fire areas? Answer to question 8: Yes. The code official is authorized to prohibit the discharge of fireworks within 300 feet from a consumer fireworks retail stand. Reference for question 8: NFPA 1124 (03) Section 7.6.4 /1,3 Agenda Memo May 4, 2004 CONSENT AGENDA: V: Approve Assignment of Judgments obtained in the lawsuit captioned Roger Reiling, et. al. v. City of Eagan, and authorize the Mayor and Clerk to execute the Assignment of the Judgments in favor of the League of Minnesota Cities Insurance Trust ACTION TO BE CONSIDERED: To approve Assignment of Judgments obtained in the lawsuit captioned Roger Reiling, et. al. v. City of Eagan, and authorize the Mayor and Clerk to execute the Assignment of the Judgments in favor of the League of Minnesota Cities Insurance Trust. FACTS: • In connection with the lawsuit brought by Roger Reiling, Gladys Reiling, Marilyn Sanford, Ray Sanford, Patricia Pavlik, Frank Pavlik, and Ray -Mar Rental, LLC, the City's insurer, the League of Minnesota Cities Trust, successfully defended the claim. In connection with the claim, the District Court and the Court of Appeals awarded judgment in favor of the City for attorneys' fees expended. Because this is an obligation incurred by the League of Minnesota Cities, it has requested that the City collect these monies and remit the same to the League or, alternatively, that the City simply assign the judgments for ultimate collection by the League. • The Council indicated a preference to simply assign the judgment rather than pursue collection by our office. Attached is an Assignment of Judgment to be approved by the City Council and signed by the Mayor and City Clerk. ATTACHMENTS: • Assignment of Judgments enclosed on pages /1.'through/ /b . STATE OF MINNESOTA COUNTY OF DAKOTA Roger Reiling, Gladys Reiling, Marilyn Sandford, Ray Sandford, Patricia Pavlik, Frank Pavlik, and Ray -Mar Rental, LLC, v . Plaintiffs, The City of Eagan, a Minnesota municipal corporation, Defendant. DISTRICT COURT FIRST JUDICIAL DISTRICT Case Type: Other Civil Court File No: C4 -02 -7356 ASSIGNMENT OF JUDGMENTS THIS ASSIGNMENT OF JUDGMENTS ( "Assignment ") is made this day of , 2004 by the City of Eagan ( "Assignor ") in favor of the League of Minnesota Cities Insurance Trust ( "Assignee ") with an address of 145 University Avenue West, St. Paul, Minnesota, 55103. RECITALS WHEREAS, judgment was entered and docketed in the principal amount of $6,915.41 and $20,563.08 on October 29, 2003 (collectively referred to as the "Judgments ") in favor of Assignor and against Roger Reiling, Gladys Reiling, Marilyn Sandford, Ray Sandford, Patricia Pavlik, Frank Pavlik, and Ray -Mar Rental, LLC, in Dakota County, Court File No. C4 -02 -7356; and WHEREAS, Assignor has, as of the date hereof, agreed to assign to Assignee all of Assignor's right, title, and interest in the Judgments. NOW THEREFORE, in consideration of the foregoing and other valuable considerations the receipt and sufficiency of which is hereby acknowledged; 1. Assignment of Judgment. Assignor hereby sells, assigns, and transfers all of its right, title and interest in the above - mentioned Judgments to Assignee. STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) //‘ CITY OF EAGAN, a Minnesota municipal corporation By: Pat Geagan Its: Mayor By: Maria Petersen Its: Clerk The foregoing instrument was acknowledged before me this day of , 2004, by Pat Geagan and Maria Petersen, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. NOTARY PUBLIC Agenda Memo May 4, 2004 W. REVOCATION OF PERMIT TO WORK IN RIGHT -OF -WAY ACTION TO BE CONSIDERED: Approve the revocation of Permit No. UT -03 -09503 (Eagandale Boulevard) issued to Xcel Energy on September 29, 2003. FACTS: • On September 29, 2003, City staff issued a permit to Xcel Energy for work within the public right -of -way including the installation of new electrical facilities on the east side of Eagandale Boulevard between Lone Oak Road and Highway 55. • A condition of the permit included removal of the existing electrical line facilities on the west side of Eagandale Boulevard that were to be abandoned in accordance with City Ordinance Section 7.06, Public Right -of -Way Regulations. • Xcel Energy refused to comply with the condition of the permit and did not begin the work in accordance with the time schedule stated in their permit application. • Xcel Energy notified City staff that the proposed work was to begin April 21, 2004. City staff sent written notice to Xcel Energy expressing concerns with their refusal to comply with the City of Eagan's Public Right -of -Way Regulations and the City's intention to revoke said permit. • Subdivision 10 of City Ordinance Section 7.06 details the grounds for revocation of permits to work within the public right -of -way. The City may revoke a permit issued for the following two reasons. A material provision or condition of the permit or City Code was substantially breached. The permittee failed to complete the project work within the time specified in the permit unless the failure to complete work is due to reasons beyond the permittee's control. • Xcel Energy has stated on numerous occasions that they intend to not comply with City Ordinance Section 7.06. Xcel Energy also has not requested a revision to the authorized schedule for the permitted work. • In lieu of the removal of the abandoned equipment or facility along the west side of Eagandale Boulevard, City staff has suggested an agreement to locate, map and actively maintain records of the abandoned equipment or facility along the west side of Eagandale Boulevard as long as it remains in place. City staff is actively pursuing this alternative, which would comply with the City Ordinance, with Xcel Energy staff in order to allow the work to proceed. There is no such agreement to date with Xcel. ISSUES: • Xcel Energy has the right to a hearing with the Eagan City Council in accordance with the City Ordinance. City staff has notified Xcel Energy of this right. If representatives of Xcel Energy would desire further discussion of this item, it would be appropriate for the City Council to direct such discussion to New Business. ATTACHMENTS: • Letter to Xcel Energy, pages /land 1/9 . • Permit, page 4,20_. //7 PAT GEAGAN Mayor PEGGY CARLSON CYNDEE FIELDS MIKE MAGUIRE MEG TILLEY Council Members THOMAS HEDGES City Administrator Municipal Center. 3830 Pilot Knob Road Eagan, MN 55122 -1897 Phone: 651.675.5000 Fax: 651.675.5012 TDD: 651.454.8535 Maintenance Facility: 3501 Coachman Point Eagan, MN 55122 Phone: 651.675.5300 Fax: 651.675.5360 TDD: 651.454.8535 www.cityofeagan.com THE LONE OAK TREE The symbol of strength and growth in our community city of eagan April 20, 2004 Ms. Colette Jurek Xcel Energy 3000 Maxwell Avenue Newport, MN 55055 Re: Dear Ms. Jurek: REVOCATION of Permit No. UT -03 -09503 Work Within Public Right -of -Way by Xcel Energy Eagandale Boulevard, Lone Oak Road to Highway 55, Eagan, MN It has come to my attention that Xcel Energy is planning to proceed with work as outlined on Permit No. UT -03- 09503. This work includes the installation of new electrical facilities within and adjacent to public right -of -way and drainage and utility easements on the east side of Eagandale Boulevard as of April 21, 2004. As we have discussed on numerous occasions, any work constructed at this location must be done in compliance with the City of Eagan issued permit, dated September 29, 2003. This condition requires adherence to City Ordinance Section 7.06, Public Right -of -Way Regulations. As described on the permit application submitted by Xcel Energy, this installation would replace the existing Xcel Energy facilities along the west side of Eagandale Boulevard. This work would associate with the following portions of the referenced City Ordinance. Subd. 16. General public right -of -way regulations. D. Relocation of facilities. A public right -of -way user shall promptly, and at its own expense, with due regard to seasonal working conditions, permanently remove and relocate any facility in the public right -of -way when it is necessary to prevent interference and not merely for the convenience of the City, in connection with: (1) a present or future City use of the public right -of- way for a public project; (2) the public health or safety; or (3) the safety and convenience of travel over the public right -of -way. The public right -of -way user shall restore any public rights - of -way in accordance with this Section. A right -of -way user is not required to remove or relocate its facilities from a right -of -way that has been vacated and in favor of a non - governmental entity unless and until the reasonable costs to do so are first paid to the right -of -way user. Subd. 19. Abandoned facilities. A. Notification. A public right -of -way user shall notify the City when facilities are, abandoned. The public right -of -way user shall submit to the director a plan for the removal of the abandoned equipment or facility. The Director may require the public right -of -way user to post a bond in an amount sufficient to reimburse the City for reasonably anticipated costs to be incurred in removing the equipment and facilities if the public right -of -way user fails to do so. //P B. Removal of abandoned facilities. 1. A right -of -way user shall notify the City when facilities are to be abandoned. A right -of -way user that has abandoned facilities in the right -of -way shall remove them from that right -of -way if required in conjunction with other right -of -way repair, excavation or construction, unless the City waives this requirement. You have clearly stated your intentions to not comply with the condition of the permit issuance and the related City Ordinance regarding this work within the Public right -of -way by Xcel Energy. Additionally, the project has not been completed within the timeline specified within the permit application completed by Xcel Energy. In response to your stated plan of action and lack of adherence to the City of Eagan public right -of -way regulations, I am left with the following options in compliance with the City Ordinance. Subd. 10. Revocation of permits. A. Grounds for revocation. The City may revoke a permit issued hereunder on the following grounds: 1. A material provision or condition of the permit or City Code was substantially breached. 4. The permittee failed to complete the project work within the time specified in the permit unless the failure to complete work is due to reasons beyond the permittee's control. B. Notice of revocation. If the director determines that grounds for revocation exists, the director shall provide written notice to the permittee. If the permittee's violation is related to non - complying project work, the director shall notify the permittee of the actions necessary to remedy such violation within a reasonable period of time or be subject to potential revocation of the permit. The director may impose additional or revised conditions on the permit to mitigate or remedy the violation. You are hereby notified that Permit No. UT -03 -09503 issued to Xcel Energy on September 29, 2003, will be revoked. Xcel Energy shall not complete any of the work referenced within said permit until resolution of the permit violation is completed to the City's satisfaction. The following items must be addressed for satisfactory resolution of this violation. Xcel Energy shall submit to the City of Eagan: 1) a plan for the removal of the abandoned equipment or facility along the west side of Eagandale Boulevard; OR an agreement to locate, map and actively maintain records of said abandoned equipment or facility along the west side of Eagandale Boulevard as long as it remains in place; 2) a revised work schedule. In lieu of the submittal of said items from Xcel Energy, you do have the right to a hearing with the Eagan City Council in accordance with the City Ordinance. The next City Council meeting is scheduled for May 4, 2004. Thank you for your attentiveness to this serious issue. I hope that we are able to resolve this matter quickly. Sincerely, ��"-- 6 /a2%41 1 Russ Matthys, P.E. City Engineer //9 c: Mayor & City Council c/o Tom Hedges, City Administrator Tom Colbert, Public Works Director Robert Bauer, Asst. City Attorney G:RUSS/04/LTRS/ROW Permit, Eagandale Blvd, Xcel LA ^03-0 CITY OF EAGAN PERMIT TO WORK WITHIN CITY PROPERTY /RIGHT- OF- WAY/EASEMENTS OBSTRUCTION EXCAVATION 1. Location a 2 5 G -P cs„ ..,4 4, L (Street, property address or legal, or distance and direction from nearest public street intersection) 2. Nature of Work %r/° /k c ' y c i) u -ery e" /3/ t' l r> 1� l/ DESCRIPTION: Please include a delf }„ tion and scaled drawing of the project and project work including identification of obstructions /structures to be placed and size and depth of excavation. 3. Indicate below items to be affected/disturbed and incl information on drawing or plan of work to be done. Curb & Gutter SEA' 'r 2 Street Surface _ Trail/Sidewalk A Trees PondlWetIands r Public utilities (sewer, water) Traffic Control Devicesi NEER ' L > EPARTMEN ' Private utilities (elec, gas, etc.) Drainage X Other G s S _ Structure[Buildings n 4. Method of Installation or Construction c i 5. Work to start on or after: / 014i /c 3 and shall be completed by unless an extension granted to: by /a n 3 DATE STAFF 6. Is lane closures or detouring of traffic necessary? ° yes, state duration and suggested route for each instance: (attach detour map) 2E'TOURS: All detour plans are required as part of this permit and must be pre - approved in writing the Public Works Dept. The City Engineer shall be notified in writing at least 3 working dlys in advance of any approved detour being established, changed or discontinued. ct NAME OF APPLICANT A'(-9 42" y s / N Ti . ` . g'c '� ` ter '" PHONE 6.. � - Y.54 - /a y -� PLEASE PRE ADDRESS .j cvc> in cix,,r -c !em -f0o /- r 4/-'l ) c5 ) STREET CITY STATE ZIP NAME OF PARTY OR ORGANIZATION PERFORMING WORK X £' / -e--t e Y GOPHER ONE -CALL REGISTRATION # E -MAIL ADDRESS CONTACT PERSON: 4�'%-c%.^ 2 - . c ° r r EMERGENCY (24 Hr.) PHONE / -tj0 a - Sf '2 ^i 'f ADDRESS: 3G 1 - - ✓u f - &3 n S - S - c> >- DAY PHONE G 5 f ^ tiSY - /% s' 3 STREET CITY STATE ZIP FAX G s' 1 - Y5 ;- i c The undersigned herewith accepts the terms and conditions of this permit by the City of Eagan as herein contained and agrees to fully comply therewith to the satisfaction of the City of Eagan. The undersigned also declares that he /she has read, understands, and will comply with all relevant City Ordinances and all Right of Way Regulations as stated in the following pages A Certificate of Insurance or Self Insurance verifying coverage has been Provided to the City of Eagan. (CITY OF EAGAN TO BE NAMED AS AN ADDITIONAL Il4SURED) Signed: Title: d S' J '' Date: ?// 7 7 G ' All legal requirements shown on attached pages and on all "Special Provisions" to be complied with! The date when work is completed must be reported in writing to the Eagan City Engineer. FOR CITY USE ONLY AUTH RIZATION OF PERMIT FINANCIAL SECURITY AMOUNT: N ) ' ) TYPE: (Cash, bond, LOC, etc.) Permit No. 1.47 • %-�0j Fee: $ / 2 0 69- Receipt No. Escrow: $ N %/a Receipt No. In consideration of agreement to comply in all respects with the regulations and codes of the City of Eagan covering such operations, and pursuant to authorization duly given by said City of Eagan, permission is hereby granted for the work to be done as described in the above application with said work to be done in accordance with special provisions as hereby stated: (' I RS fe1, tri-v APPROVED BY: DEPT OF PUBLIC WORKS - e d-r o3Nci:n4-,4 ., BY: (�L ��,Ll DATE: (C 1 /0140 Agenda Memo May 4, 2004 X. PROJECT 669, "RING ROAD" — DUCKWOOD DRIVE OFFICIAL MAP ACTION FOR COUNCIL CONSIDERATION: To receive the Official Mapping proposal for Project 669 (Duckwood Drive - Ring -Road Concept) and schedule a public hearing to be held on June 1, 2004. FACTS: • In 1991, the City Council amended the Transportation Plan Element of the Comprehensive Guide Plan to identify the future ring -road concept, including the connection of Pilot Knob Road with Federal Drive by extending Duckwood Drive across interstate 35 -E. • Recent development inquiries in the area of this future street alignment have created the need to formalize this segment of Duckwood Drive. • According to Minnesota Statute 462.359, the City is entitled to designate and reserve land needed for future roadway improvements by the creation of an "Official Map ". A formal survey of the segments has been completed and is enclosed as an attachment. • If the Council desires to follow the current Comprehensive Guide Plan, it would be appropriate to preserve this corridor by the recording of an official map. If the Council chooses not to preserve this corridor, it should amend its Comprehensive Guide Plan and remove this segment from the ring -road design concept. • This proposed official map is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of the filing of the official map with the County Recorder. ATTACHMENTS: • Draft Official Map, page /.2. . /2/ 8 8 111 s 11 i 1 d 1 1 1 1 d Y d 1 f 1 n d a 1 1 1� i 29 130894 �1C91•OS 2.19.91.00 99 13310/6 1 1 •--- f91 9Nad � a + J ' gg7� cs ' 6R " + Y. oa'ar' I v it � II 0 1 00 v= 01 II 1 1 1 1 0 1 I I o 101 I I I I :77 751 I m I n !, _ - f L _ I oral exa Wk In U LO • 1 �n ` 46 i 9. .0 j1 3 AINC 3`JCIa153aJ � f i r - �= 11 � I 'I Itd 0.606205 69291 r - NI/21 d6T - - -- 68199 2.19540 3A:aC 7=0303d 30 LJa - •7c I I I k 1 I 1 I 1 rWe S 1 LI V29 130094 CD 0 _ _ • l 61709C Al49.52.0N I rtVl=ri N q i�p n / > 1lyy MO A IN *MO NNW 1i 7tiy11a I lura. Agenda Memo May 4, 2004 ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 759R (Cedar Grove Parkway — Street Improvements) and schedule a public hearing to be held on June 1, 2004. FACTS: • Project 759R provided for the resurfacing of Cedar Grove Parkway (formerly Beau D'Rue), including the installation of a center median and reconfiguration with one lane of traffic in each direction. The construction of an off - street trail was also included, all as outlined and discussed in the feasibility report. However, the trail segment from Rahn to Nicols was removed from Contract 01 -05 due to difficulties in getting timely access easements from some adjacent property owners. • The project as constructed under Contract 01 -05, has been completed, all costs tabulated and the final assessment roll prepared. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. ATTACHMENTS: Y. PROJECT 759R, CEDAR GROVE PARKWAY FINAL ASSESSMENT ROLL • Final Assessment Roll Summary Sheet, page/ . /23 PROJECT HEARING DATES NUMBER - 759R ASSESSMENT - June 1, 2004 NAME - Cedar Grove Parkway AKA Beau D' Due Dr IMPROVEMENT - December 11, 2001 Street Reclamation IMPROVEMENTS INSTALLED AND /OR ASSESSED F.R.=Feasiblity Report SANITARY SEWER ❑ Trunk — Unplatted Trunk- Platted ❑ Lateral- ❑ Service 4 inch ❑ Service 8 inch ❑ Lat. Benefit/Trunk WATER ❑ Trunk - Unplatted Trunk- Platted ❑ Lateral ❑ Service 1 inch ❑ Service 6 inch ❑ Lat. Benefit/Trunk ❑ WAC SERVICES COMMENTS: FINAL F.R RATE RATE UNITS FINAL ASSESSMENT HEARING 0 0 CONTRACT NO. OF INTEREST AMOUNT CITY NO PARCELS TERMS RATE ASSESSED FINANCED $429,465 F.R. $472,035 F.R. 01 -05 31 15 Year 4.50% $287,896.33 $337,459.47 /a STORM SEWER STREET ❑ Gravel Base ❑ Reclamation Residential $28.56 $35.04 /F.F. Multi. Equiv. Includes Median 58.75 81.83 /F.F. C/I Equiv. Includes Median 58.75 81.83 /F.F. ❑ Trail/Sidewalk STREET LIGHTS ❑ Installation ❑ Energy Charge FINAL F.R RATE RATE UNITS Agenda Information Memo May 4, 2004 Eagan City Council Meeting FACTS: ATTACHMENTS: PUBLIC HEARINGS A. CERTIFICATION OF DELINQUENT UTILITIES ACTION TO BE CONSIDERED: To approve or deny certification of delinquent utility accounts to Dakota County for collection with property taxes. • The City currently has approximately 315 utility bill accounts with delinquent payments. The assessable amount of these accounts is $ 56,194.24. These items are in order for certification to the County. • Delinquent account list; pages ), through /37. z O E4 Ca H 6 Ei 0 U U .D H rI 01 CO CO Ll W Ol H ri d' H CO M O N M 10 10 if) co O V' Q\ d' l0 co O Ln L11 M M N \D M 1.0 O\ 1.11 M 1.0 H 1.0 d' H Lh M M 01 d O . . . . . . . . . . . . . . . . . . . . . . . . . . . V N 10 N 10 H 00 ID M 1.0 N 111 M N Lfl 01 lD N M L(1 r1 V+ H H L11 l- D\ 0 d• V' d\ N M W CO 10 0- N ri H N. O N O Ill N 0- O 01 H H H N H H H H N M H H H H H M M N H H H M H H Ol CO CO 111 CO 01 r1 H V• rl CO M W N M 1.0 1)) lD OD 0 V' 01 V• ID CO O In Ill M M N -D M l0 01 L11 M 1.0 H H L(1 M M 01 V' O 01 N M 0l N N rl H 0- H 10 M H CO rl N 0 OD l- 0 V• rl N CO 0 OD 01 CO 01 M cr. 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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 through certification of delinquent false alarm bills, which are not paid. • At the April 7 City Council meeting, a public hearing was scheduled for the May 4, 2004 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 $75 fee per alarm (increased to $100 for false alarms in 2004). The delinquent false alarm bills include a 10% penalty and a $25 certification fee. • The City currently has eleven delinquent false alarm bills. The assessable amount of these bills is $2,750.00. These items are in order for certification to the County. • 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: • Proposed assessment roll, page /39 . /38 Property ID Outstanding Dollar Amount 10- 22472 - 010 -03 $107.50 10- 16930- 030 -01 $272.50 10- 14577- 010 -01 $107.50 10- 22500- 051 -08 $107.50 10- 77039 - 010 -01 $107.50 10- 22473 - 010 -01 $107.50 10- 16930 - 020 -01 $355.00 10- 22472 - 092 -02 $107.50 10- 77060 - 010 -01 $685.00 10- 62725- 006 -02 $685.00 10- 26500 - 010 -01 $107.50 $2,750.00 Delinquent False Alarm Bills /39 Agenda Memo May 4, 2004 FACTS: C. PROJECT 806R, KENNERICK ADDITION STORM SEWER FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 806R (Kennerick Addition/Pond HDP -1 — Storm Sewer Improvements) and authorize its certification to Dakota County for collection. • Project 806R provided for the installation of a storm sewer outlet and pond improvements for Pond HDP -1 on the north side of Lone Oak Road, west of Pilot Knob Road. The storm sewer from Pond HDP -1 to Pond HP -11 serves the Kennerick Addition, currently under construction, and other properties within this drainage district, all as outlined and discussed in the feasibility report. • The final assessment roll was presented to the City Council on April 7, 2004, with a public hearing being scheduled for May 4 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessments for storm sewer trunk rates are equal to the estimate contained in the Feasibility Report presented at the Public Hearing held on April 15, 2003. The storm sewer lateral rates are approximately 24% less than the estimate and will be levied solely against the Kennerick Addition developments. The owner of the Kennerick Additions has waived any right to object to the assessments as part of the development agreements with the City. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. In addition, an informational meeting was held April 22, to address all property owners' questions or concerns and provide any additional information of interest. Of the 50 parcels (R -1) being assessed, 8 persons attended the meeting and no written objections have been received to date. ATTACHMENTS: • Final Assessment Report, pages /V/ through/ 4 7 PROJECT HEARING DATES NUMBER - 806R ASSESSMENT - May 4, 2004 NAME - Kennerick Addition IMPROVEMENT - April 15, 2003 Storm Sewer Improvements IMPROVEMENTS INSTALLED AND /OR ASSESSED F.R =Feasibility Report SANITARY SEWER ❑ Trunk ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk WATER ❑ Trunk ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk ❑ WAC SERVICES ❑ Water & San Sewer CONTRACT NO. OF NO. PARCELS COMMENTS: 03 -11 50 FINAL ASSESSMENT HEARING FINAL F.R RATE RATE UNITS TERM 15 Years /W FINAL F.R RATE RATE UNITS STORM SEWER Ef Trunk $.0925 $.0925 Sq. Ft. Ed Lateral 1,968.58 2,594 /Lot ❑ Lat. Benefit/trunk STREET ❑ Gravel Base ❑ Surfacing ❑ C/I Equiv. ❑ Trail/Sidewalk STREET LIGHTS ❑ Installation ❑ Energy Charge INTEREST AMOUNT CITY RATE ASSESSED FINANCED $195,760 F.R. $213,330 F.R. 4.5% $142,755.77 $439,141.18 MEMO TO: MAYOR AND CITY COUNCIL FROM: GERALD R. WOBSCHALL, FINANCIAL CONSULTANT DATE: April 16, 2004 SUBJECT: FINAL ASSESSMENT ROLL, PROJECT 806R STREETS AND UTILITIES The City Council at the conclusion of the public hearings on April 15, 2003 ordered Project 806R. According to the feasibility report, sewer lateral and trunk storm sewer improvements were to be constructed and/or assessed. In the feasibility report, it was proposed to assess the lateral assessments to the Kennerick Addition properties using direct assignment as a method, and trunk storm sewer assessments using an area method of assessment. The construction of the improvements was accomplished under Contract 03 -11 which is complete. The assessment hearing is scheduled for May 4, 2004. The following information was used in the preparation of the assessment roll. I. PROJECT COST The construction cost includes the amount of $209,512.95 paid to the contractors for the construction of the following detailed improvements. Other costs which consist of: engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $197,718.81 and easement costs totaling $174,665.19 were incurred resulting in an improvement and project cost of $581,896.95. 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 & EASEMENTS COST REPORT Trunk Storm Sewer $163,599.27 $329,055.26 $492,654.53 $304,000 Storm Sewer Lateral 45,913.68 43,328.74 89,242.42 105,000 Total $209,512.95 $372,384.00 $581,896.95 $409,000 II. ASSESSMENTS A. TRUNK ASSESSMENTS Storm sewer trunk assessments were proposed at the public hearing for this project and will be proposed in this assessment roll at $.0925 cents per square foot. This is the 2003 assessment rate quoted in the feasibility study. A trunk storm sewer charge in the amount of $32,196 was collected from the Kennerick Addition and Kennerick 2nd Additions under the terms of the respective development agreements. The charge was computed on the areas of the platted lots. However, it was not computed on the Outlot C of Kennerick 2 For this reason no storm sewer trunk charge is proposed to be assessed to the platted lots in the Kennerick 2 and Kennerick Additions under this project. B. UTILITY LATERAL AND TRUNK STORM SEWER IMPROVEMENTS 1. Trunk Storm Sewer Improvement The trunk storm sewer improvement consists of a gravity outlet of Pond HDP -1. The cost to construct the gravity outlet and its appurtenances amounted to $163,599.27. Other costs that total $154,390.07 and easement costs totaling $174,665.19 were allocated, which results in an improvement cost of $492,654.53. This improvement is proposed for assessment using the method as presented in A. above. The storm sewer lateral improvement consists of a water quality pond constructed on the south side of Pond HDP- 1. This water quality pond was constructed to provide storm water treatment for the Kennerick Additions, Lone Oak Road, and properties to the south of Lone Oak Road. The cost to construct the treatment pond is $45,913.68. Other costs in the amount of $43,328.74 were allocated resulting in an improvement cost of $89,242.42. The feasibility report called for this improvement to be partially assessed to the Kennerick Additions. The portion of the costs that are not assessed are proposed for financing by the Storm Sewer Division of the City's Utility Enterprise Fund. C. ASSESSMENT TERMS The assessments are proposed for a term of 15 years. The interest rate is 4.50% per annum on the unpaid balance. III. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT Trunk Storm Sewer Storm Sewer Lateral 89,242.42 Total IMPROVEMENT COST PRO -RATA SHARE ASSESSMENT PORTION 2. Storm Sewer Lateral FUND $89,242.42 X' s 37.5% $33,465.91 ASSESSABLE PORTION ASSESSABLE UNITS ASSESSMENT RATE $33,465.91 17 Lots $1,968.58/Lot The following City Funds will provide noted financing of the City Responsibility for Projects 806R. Utility Enterprise Storm Sewer Trunk IMPROVEMENT ASSESSMENT CITY COST REVENUE (RESPONSIBILITY) $492,654.53 $109,289.86 $(383,364.67) $581,896.95 $142,755.77 $(439,141.18) TOTAL $439,141.18 / 9 33,465.91 (55,776.51) AMOUNT $55,776.51 383,364.67 Gerald R. Wobschall Reviewed ublic Works Department 3 ° -6 V Dated Reviewe Finance 4 -30 o 4- Dated cc: Thomas A. Colbert, Director of Public Works Mike Daugherty, City Attorney Sue Sheridan, Accountant I C:Asse ss ments \806R \ASSESS_AREA3 LONE OAK ROAD ASSESSMENT LEGEND ASSESSABLE AREA COLLECTED w/ DEVELOPMENT AGREEMENT LATERAL ASSESSMENT @ $ 1,968.58/Lot TRUNK ASSESSMENT @ $ 0.0925/sq.ft. c2 ) City of Eagan Kennerick Addition Storm Sewer Project 806R Assessment Map April 27, 04 Combined Assessment Roll SA_NBR PID 10- 00400 - 010 -78 10- 41500- 030 -00 10- 41501- 010 -01 10- 41501- 010 -02 10- 41501- 010 -03 10- 41501- 020 -01 10- 41501- 020 -02 10- 41501 -020-03 10- 41501 -030 -01 10- 41501- 030 -02 10- 41501- 030 -03 10- 41501- 040 -01 10- 41501- 040 -03 10- 41501- 050 -01 10- 41501- 050 -03 10- 41501- 060-01 10 -41501 -070 -01 10- 41501 -080 -01 10- 41501- 090 -01 10- 64410- 010 -01 10- 64410- 020 -01 10- 77250 - 010 -00 10- 77250 - 011 -00 10- 77250- 012 -00 10- 77250 - 020 -00 10- 77250 - 030 -00 10- 77250 - 040 -00 10- 77250 - 050 -00 10- 77250 - 060 -00 Wednesday, April 21, 2004 10806R ADDITION NAME Trunk Storm Sewer SECTION 4 KENNERICK ADDITION KENNERICK 2ND ADDITION KENNERICK 2ND ADDITION KENNERICK 2ND ADDITION KENNERICK 2ND ADDITION KENNERICK 2ND ADDITION KENNERICK 2ND ADDITION KENNERICK 2ND ADDITION KENNERICK 2ND ADDITION KENNERICK 2ND ADDITION KENNERICK 2ND ADDITION KENNERICK 2ND ADDITION KENNERICK 2ND ADDITION KENNERICK 2ND ADDITION KENNERICK 2ND ADDITION KENNERICK 2ND ADDITION KENNERICK 2ND ADDITION KENNERICK 2ND ADDITION RIVER RUN ADDITION RIVER RUN ADDITION TREFFLE ACRES TREFFLE ACRES TREFFLE ACRES TREFFLE ACRES TREFFLE ACRES TREFFLE ACRES TREFFLE ACRES TREFFLE ACRES $4,029.30 $1,316.37 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $7,572.51 $2,763.90 $3,935.41 $4,134.75 $4,162.50 $4,162.50 $4,162.50 $10,565.54 Storm Sewer Proposed Lateral Assessment $0.00 $0.00 $1,968.58 $1,968.58 $1,968.58 $1,968.58 $1,968.58 $1,968.58 $1,968.58 $1,968.58 $1,968.58 $1,968.58 $1,968.58 $1,968.58 $1,968.58 $1,968.58 $1,968.58 $1,968.58 $1,968.58 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,029.30 $1,316.37 $1,968.58 $1,968.58 $1,968.58 $1,968.58 $1,968.58 $1,968.58 $1,968.58 $1,968.58 $1,968.58 $1,968.58 $1,968.58 $1,968.58 $1,968.58 $1,968.58 $1,968.58 $1,968.58 $1,968.58 $0.00 $0.00 $7,572.51 $2,763.90 $3,935.41 $4,134.75 $4,162.50 $4,162.50 $4,162.50 $10,565.54 Estimated Assessment Variance $4,029.00 $3,688.64 $4,380.43 $4,386.00 $4,386.00 $4,386.00 $4,386.00 $4,386.00 $4,386.00 $4,386.00 $4,386.00 $4,386.00 $4,386.00 $4,386.00 $4,386.00 $4,386.00 $4,386.00 $4,386.00 $4,386.00 $1,753.23 $1,752.00 $7,574.52 $2,739.72 $3,948.42 $4,149.87 $4,149.87 $4,149.87 $4,149.87 $10,555.98 ($0.30) $2,372.27 $2,411.85 $2,417.42 $2,417.42 $2,417.42 $2,417.42 $2,417.42 $2,417.42 $2,417.42 $2,417.42 $2,417.42 $2,417.42 $2,417.42 $2,417.42 $2,417.42 $2,417.42 $2,417.42 $2,417.42 $1,753.23 $1,752.00 $2.01 ($24.18) $13.01 $15.12 ($12.63) ($12.63) ($12.63) ($9.56) Page 1 of 2 Combined Assessment Roll SA_NBR 10806R PID ADDITION NAME Trunk Storm Sewer Proposed Estimated Storm Sewer Lateral Assessment Assessment Variance 10- 77250 - 061 -00 TREFFLE ACRES $4,523.25 $0.00 $4,523.25 $4,512.48 ($10.77) 10- 77250-062 -00 TREFFLE ACRES $4,162.50 $0.00 $4,162.50 $4,149.87. ($12.63) 10- 77250 - 063 -00 TREFFLE ACRES $7,769.54 $0.00 $7,769.54 $7,775.97 $6.43 10-88800-010-00 ZEHNDER ACRES $3,690.75 $0.00 $3,690.75 $3,706.68 $15.93 10- 88800 - 051 -00 ZEHNDER ACRES $3,145.00 $0.00 $3,145.00 $3,142.62 ($2.38) 10- 88800- 061 -00 ZEHNDER ACRES $3,848.00 $0.00 $3,848.00 $3,867.84 $19.84 10- 88800 - 070 -00 ZEHNDER ACRES $4,366.74 $0.00 $4,366.74 $4,351.32 ($15.42) 10- 88800 -072 -00 ZEHNDER ACRES $1,387.50 $0.00 $1,387.50 $1,369.86 ($17.64) 10- 88800 - 091 -00 ZEHNDER ACRES $2,475.86 $0.00 $2,475.86 $2,417.40 ($58.46) 10- 88800 - 093 -00 ZEHNDER ACRES $1,516.26 $0.00 $1,516.26 $1,933.92 $417.66 10- 88800 - 095 -00 ZEHNDER ACRES $0.00 $0.00 $0.00 $0.00 $0.00 10- 88800 - 101 -00 ZEHNDER ACRES $3,604.54 $0.00 $3,604.54 $2,739.72 ($864.82) 10- 88800 - 102 -00 ZEHNDER ACRES $1,627.63 $0.00 $1,627.63 $1,289.28 ($338.35) 10- 88800 - 103 -00 ZEHNDER ACRES $1,960.72 $0.00 $1,960.72 $1,974.21 $13.49 10-88800-104-00 ZEHNDER ACRES $3,892.40 $0.00 $3,892.40 $5,116.83 $1,224.43 10- 88800 - 105 -00 ZEHNDER ACRES $1,573.43 $0.00 $1,573.43 $1,813.05 $239.63 10-88800-106-00 ZEHNDER ACRES $0.00 $0.00 $0.00 $0.00 $0.00 10- 88800 - 107 -00 ZEHNDER ACRES $1,877.47 $0.00 $1,877.47 $1,692.18 ($185.29) 10- 88800 - 110 -00 ZEHNDER ACRES $5,550.00 $0.00 $5,550.00 $5,560.02 $10.02 10- 88800 - 111 -00 ZEHNDER ACRES $2,497.50 $0.00 $2,497.50 $2,780.01 $282.51 10- 88800 - 112 -00 ZEHNDER ACRES $3,015.50 $0.00 $3,015.50 $2,981.46 ($34.04) Summary for 'SA_NBR' = 10806R (50 detail records) Sum $109,289.86 $33,465.91 $142,755.77 $190,372.14 $47,616.37 Wednesday, April 21, 2004 Page 2 of 2 Agenda Memo May 4, 2004 D. LOTS 3,4,5, BLOCK 4, EAGANDALE CENTER INDUSTRIAL PARK NO. 3 EASEMENT VACATION ACTION TO BE CONSIDERED: Approve the vacation of a portion of public drainage and utility easement on Lots 3, 4, and 5, Block 5, Eagandale Center Industrial Park No. 3 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On March 30, 2004, City staff received a letter from Mr. John Hawkins, representing John Henry Foster, requesting the vacation of a portion of the existing drainage and utility easement on Lots 3, 4, and 5, Block 4, Eagandale Center Industrial Park No. 3 Addition, at the southwest corner of the Mike Collins Drive and Apollo Road intersection. • The drainage and utility easement were originally dedicated as part of the Eagandale Center Industrial Park No. 3 Addition plat to cover the high water levels of the storm water pond on the properties (Pond EP -1 as designated in the City's Storm Water Management Plan). • The purpose of the request is to vacate excess drainage and utility easement above current City easement standards to allow the expansion of the existing John Henry Foster Company building on the properties. • Notices have been published in the legal newspaper and sent to all potentially affected and/or interested parties for comment and informing them of this public hearing. No objections have been received to date. • The request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Legal Description and graphic, pages / & /50 . • Location Map, page iSf. PROPOSED EASEMENT VACATION 3130 MIKE COLLINS DRIVE That part of a Ponding and Utility Easement (Doc. No. 133922) over Lots 3, 4 and 5, Block 4, Eagandale Center Industrial Park No. 3, according to the recorded plat thereof, Dakota County, Minnesota, described as beginning at the southwest corner of said Lot 5; thence South 89 degrees 41 minutes 10 seconds East, an assumed bearing, along the south line of said Lots 3, 4 & 5, a distance of 336.00 feet; thence North 46 degrees 50 minutes 00 seconds West, a distance of 70.00 feet; thence North 69 degrees 11 minutes 00 seconds West, a distance of 53.50 feet; thence North 87 degrees 43 minutes 00 seconds West, a distance of 50.00 feet; thence South 84 degrees 36 minutes 00 seconds West, a distance of 127.50 feet; thence South 46 degrees 30 minutes 40 seconds West, a distance of 80.00 feet more or less to the point of beginning. Which lies northeasterly of the following described line: Commencing at the southwest corner of said Lot 5; thence on an assumed bearing of South 89 degrees 41 minutes 10 seconds East, along the south line of said Lots 3, 4 & 5 a distance of 292.60 feet to the point of beginning of the line to be described; thence North 68 degrees 46 minutes 59 seconds West, a distance of 45.35 feet; thence North 53 degrees 36 minutes 53 seconds West, a distance of 87.27 feet to the northerly line of the above described property and said line there terminating. /y9 3 -30 -2004 2:05PM FROM HOUWMAN ARCHITECTS 651 639 9726 /So P.7 MENDOTA HEIGHTS a G:IVau6ons1961 CLIRRYTRAIL I -494 Lots 3,4 & 5, Blk 4, Eagandale Center Industrial Park No. 3 Ponding Easement Vacation - Location Map 4/19/04 /S/ Agenda Information Memo May 4, 2004, Eagan City Council Meeting VII. NEW BUSINESS A. REZONING - CEDARSTONE DEVELOPMENT ACTIONS TO BE CONSIDERED: To approve (OR to direct findings of fact for denial) a Rezoning of five acres from Agriculture to R -2, Residential Double district for property located at 1055 Wescott Road. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • No development is proposed at this time; however, the conceptual site plan shows a twin home development that is consistent with low density guide plan designation of 0 -4 units /acre. • Property surrounding the subject site contains single family detached uses. • Property to the west is currently requesting rezoning to R -1, Single family residential. • The Advisory Planning Commission held a public hearing on April 27, 2004 and is recommending denial. ISSUES: • The APC had concerns about twin homes compatibility and consistency with the surrounding single family uses. • There was significant opposition from the surrounding neighbors. 60 DAY AGENCY ACTION DEADLINE • May 17, 2004 ATTACHMENTS (2): Advisory Planning Commission Minutes page(s) /5 $ '45 Planning Staff Report pages /,througl isa A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, April 27, 2004 at 6:30 p.m., at the Eagan Municipal Center in the Eagan Room. Present were Chair Heyl, Members Hansen, Bendt, and Leeder. Also present were Community Development Director Jon Hohenstein, Planner Sheila Cartney, City Attorney Bob Bauer, Assistant Engineer John Gorder, and Recording Secretary Camille Yungerberg. Chair Hey' stated Item D has been withdrawn and Item F has been continued until the May 25, 2004 Advisory Planning Commission Meeting. Member Leeder moved, Member Bendt seconded a motion to adopt the Agenda as amended. All voted in favor. Motion carried 4 -0. Council Member and Advisory Planning Commission Liaison Mike McGuire expressed thanks to Commissioner Greg Steininger for his contributions to the Eagan Advisory Planning Commission. He also thanked the Commission for their patience with the shortage of Staff. He explained that at the May 25, 2004 meeting, there should be a full Advisory Planning Commission board. He also thanked Chair Heyl for her contributions to the Eagan Advisory Planning Commission. March 22, 2004 ADVISORY PLANNING COMMISSION MEETING MINUTES • Chair Heyl stated amendment to her comment on page ten (10): Chair Heyl stated agreement with the conservation easement due to the benefit for the City and the residents of Eagan. She explained that there is a nexus that the developer will gain benefits of the new subdivision with his property next to the park. Member Bendt moved, Member Hansen seconded a motion to approve the March 22, 2004 Advisory Planning Commission Meeting minutes as amended. All voted in favor. Motion carried 4 -0. MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA April 27, 2004 AGENDA III. PUBLIC HEARINGS A. REZONING — CEDARSTONE DEVELOPMENT A Rezoning of approximately five acres from A, Agriculture to R -2 Residential Double, located at 1055 Wescott Road in the SW 1 /4 of Section 14. /53 City of Eagan Advisory Planning Commission Meeting Minutes April 27, 2004 Page 2 Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated April 22, 2004. She noted the background and history. Clark Wicklund, Alliant Engineering addressed the following concerns that were expressed at the neighborhood meeting: prevention of additional rezoning to commercial or retail by other applicants, this project being a multifamily home project, and traffic volumes on Lexington Avenue and Wescott Road. Patrick , Cedarstone Development Company explained that the project would be an upscale development. He discussed his intention to preserve trees during the development process and also explained that the surrounding property values would not be negatively affected. Cletus , Cedarstone Development Company explained the design of their product and stated the project would be an up scaled development. Chair Heyl opened the public hearing. Bob McDonald of McDonald Construction and property owner to the west stated concern with the size of the proposed homes, amount of impervious surface, and flexibility of home design. Fred Ruppe, 3704 Cardinal Way stated concern with the location of the proposed roadway in the rear of his home. Sue Vruno, 3708 Cardinal Way stated concern with possible future development, if this proposal is used as an example. Jerry Westbrook, 3712 Cardinal Way stated concern for the illusion that "empty- nesters" would be the only buyers of the homes. He also stated concern for the pathway that emergency vehicles would be expected to use. Steve Wolfrath, 3720 Cardinal Way explained that he purchased his property based on the current zoning, therefore stated objection to the proposal. Dan Enders, 3716 Cardinal Way stated objection to the rezoning of the property. Monique Clark, 3753 Greensboro Drive stated concern for the natural ponds and drainage in the area. Steven Faith, 3700 Cardinal Way agreed with previous statements from residents and stated additional concern for the preservation of vegetation. Chuck Levin, Project Architect discussed the design of the project. He displayed the current location of the 200 trees that are six inches or larger. Kathryn Rudd, 3690 Cardinal Way asked for details on Eagan's commitment to preserving the greenways. isV City of Eagan Advisory Planning Commission Meeting Minutes April 27, 2004 Page 3 There being no further public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Chair Heyl expressed that in order for all three areas to blend together, the proposed area should be developed as a single family development. Member Leeder explained the demand for "empty- nester" type developments; however he stated this area is not the right fit for that type of development. He agreed with Chair Heyl in that all developments in this area should blend together. All voted in favor. Motion carried 4 -0. Member Bendt stated agreement with Chair Heyl and Member Leeder. Member Hansen stated there is a perceived need for the proposed type of housing, however, he questions if the need is truly present. Community Development Director Jon Hohenstein explained that there is a market interest for this type of development, however there is not a specific study that determines the need for this type of home. Chair Heyl stated her reason for denial of the proposal will be: the development is not compatible with surrounding developments nor is it consistent with the area. She stated the three remaining areas should work together to determine access, and traffic levels. Member Bendt moved, Member Leeder seconded a,motionto recommend denial of a Rezoning of approximately five acres from A, Agriculture to R -2 Residential Double, located at 1055 Wescott Road in the SW 1 /4 of Section 14. SUMMARY OF REQUEST PLANNING REPORT CITY OF EAGAN REPORT DATE: April 22, 2004 CASE: 14- RZ- 05 -03 -04 APPLICANT: Cedarstone Development Co. HEARING DATE: April 27, 2004 PROPERTY OWNER: Meg Tilley APPLICATION DATE: March 19, 2004 REQUEST: Rezoning PREPARED BY: Sheila Cartney LOCATION: 1055 Westcott Road COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: A, Agriculture The applicant is requesting approval of a Rezoning of five acres from Agriculture to R -2, Residential Double on property located at 1055 Wescott Road in the SW 1/4 of Section 14. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two- thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND /HISTORY The subject property is not platted. EXISTING CONDITIONS /S6 Planning Report — 1055 Wescott Rd April 27, 2004 Page 2 The site is heavily wooded; a single family home and a pole barn are present. Access is via Wescott Road. There is a large pond in the middle of the site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: * The property to the west of the subject site is also requesting approval of a rezoning, the request is to rezone to R -1, Single family residential. EVALUATION OF REQUEST Proposal — Development is not proposed at this time, but a concept plan was submitted with this application. The concept plan shows eight twin homes around the existing pond. Access via Wescott Road with three private roads, the main private road would access the other two private roads that would access the twin homes. Compatibility with Surrounding Area - The subject site is currently surrounded with single family residential uses. Properties to the north and south are fully developed. The property to the east and west are zoned Agriculture and have potential to be developed further. Rezoning the subject property to R -2 allows for further development of this lot. The subject site has a Comprehensive Land Use Designation of Low Density Residential (0- 4u /a). The concept plan indicates the twin home proposal can achieve the required density. While a twin home development maybe compatible with the area, it would introduce twin homes into an area completely surrounded by detached single family. SUMMARY /CONCLUSION The applicant is requesting to rezone five acres from Agriculture to R -2, Residential Double with intentions of a future twin home development. The proposed density is consistent with the land use designation of 0 -4 unit /acre. The properties to the north and south are fully developed with detached single family residences. The property to the east and west are zoned Agriculture and have potential for future development. The property directly to the west is requesting a rezoning to R -1, Single Family Residential. The concept plan demonstrates compatibility with the /57 Existing Use Zoning Land Use Designation North Single family residential PD, Planned Development LD, Low Density residential 0 -4 u/a South Single family residential PD, Planned Development LD, Low Density residential 0 -4 u/a East Single family residential A, Agriculture LD, Low Density residential 0 -4 u/a West* Single family residential A, Agriculture LD, Low Density residential 0 -4 u/a Planning Report — 1055 Wescott Rd April 27, 2004 Page 2 The site is heavily wooded; a single family home and a pole barn are present. Access is via Wescott Road. There is a large pond in the middle of the site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: * The property to the west of the subject site is also requesting approval of a rezoning, the request is to rezone to R -1, Single family residential. EVALUATION OF REQUEST Proposal — Development is not proposed at this time, but a concept plan was submitted with this application. The concept plan shows eight twin homes around the existing pond. Access via Wescott Road with three private roads, the main private road would access the other two private roads that would access the twin homes. Compatibility with Surrounding Area - The subject site is currently surrounded with single family residential uses. Properties to the north and south are fully developed. The property to the east and west are zoned Agriculture and have potential to be developed further. Rezoning the subject property to R -2 allows for further development of this lot. The subject site has a Comprehensive Land Use Designation of Low Density Residential (0- 4u /a). The concept plan indicates the twin home proposal can achieve the required density. While a twin home development maybe compatible with the area, it would introduce twin homes into an area completely surrounded by detached single family. SUMMARY /CONCLUSION The applicant is requesting to rezone five acres from Agriculture to R -2, Residential Double with intentions of a future twin home development. The proposed density is consistent with the land use designation of 0 -4 unit /acre. The properties to the north and south are fully developed with detached single family residences. The property to the east and west are zoned Agriculture and have potential for future development. The property directly to the west is requesting a rezoning to R -1, Single Family Residential. The concept plan demonstrates compatibility with the /57 Planning Report — 1055 Wescott Rd April 27, 2004 Page 3 neighborhood but is not consistent with the surrounding detached single family developments. The appropriateness of the rezoning is a policy matter for City Officials to determine. ACTION TO BE CONSIDERED To recommend approval (Or denial) of Rezoning of five acres from A, Agriculture to R -2, Residential Double with the intention to develop with twin homes in the future for property located at 1055 Wescott Road. /s8 Location Map Eagan Boundary ; ,A ,,/ Street Centerline Parcel Area 1f` -3 Building Footprint LIP ' eMill■ 111 u LAIN ma. 7. • WOOD VII/. �® � ' € r� tio �d�� ® ® � ,A tri 0 `D of �� a 81 mm iiiii a ts: 11 ��c ® ilia r gsi to ED ®1 Eva t3 I7 v '4 MEM o 4 ® nin �•J e 1145 ra eta a. A c� o ��s� 1 I mo ® ®�_ l � a O 0VelQYIY�tr.0J� aw .� , f � � � .. <i ; / �� Sub'ect Site ®a �� ® a �+��+��,J `J � n ® � ®�L a 1 • L7 t° 0a � � us ItIll VS LIB ICI NMI lot I.. � � � ate. ; � ri, ral wila IO nj nu ` Emil . liii® ` an "risbca i n jej RA Km • PN ra m 3 . 0 4 rt a p. elln: e #43'ElS�elPSCYr.4.523113lill. 0. Or k11I' ®®• 0 a © ® ®no �� nom rim acirouv,4*-. , Av IN oadratz itaiikrorecits Er 2 ®�t .' .. ..., .0_4 10p,,,,,,f aittifr v A. ki,... Am .4,,fr ay ,..4., 0 As tr AU 40.40et t a io P 0 el -1.10 I t p 4 . J ' alb WNW ee® E7 441 1000 0 1000 B 2000 Feet Development/Developer: Application: Case No.: s� Cedarstone Development Rezone Case No. 14- RZ- 05 -03 -04 city of eagan Community Development Department / Map Prepared using ERSI 3rcView 3.1. Parcel base map data provided by Dakota County Office of GIS and is current as of January 2004. 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 not responsible for errors or omissions. Comprehensive Guide Plan Land Use Map Current Land Use Designation: LD Low Density Residential 0 -4u /a 606 600 1200 F..t 11111 HHUI 1111111► 1 e rjrg ..." www *11 C� �� 41 QP .01111111111WI lit AN 111.111 sor MINN MUM MEI L D lai A Bram= • • i• • 1111111/1►�:�� . arrowitik • LD Current Zoning and Comprehensive Guide Plan Land Use Map Cedarstone Development Case No. 14- RZ- 05 -03 -04 Current Zoning: A Agriculture 600 Zoning Map 600 1200 Foot A C..1 --11 EMI Mina Oil MOW -If Illy 11; FP %‘ 411IR Mar ._ 1 .I Aim A .4A m EOM NMI MINY PF 5111,,,,,, � 1111We Eh AIM WPC NI mom 11Lf?7 �1 I• _. 'AO • • "" ;4.48 City of Eagan Community Development Department e1 base ma • ation providedby Dakota County Land Survey Departmert June 2003. Zoning information maintained byCity StafL Z' THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. 6 CEDARSTONE DEVELOPMENT PATRICK PLAUTL V CLETIS LEVISAY Ch ARLES LEVIN ARCIRTECTS ALLIANT PNOTNEFRING. 10-0" SETBACK FROM RIGHT OF WAY `e 6 7:33 1.17 a3cr-o• 50'-0" ROAD R-O-W 30'-0" SEWER EASEMENT ,--- GUEST PARKING AND TURNAROUND WESCOTT ROAD- /6 10' 0" SETBACK CEDARSTONE OF WESCOTT :11 EC VED i 7 2034 TREE KEY TYPE SIZE 0" • 9" DIA • 10* • 19" DIA • 20" - 29" DIA 4 30" 39" DIA • 40" AND OVER SEE SURVEY FOR El•ACT5I2E AND SPECIES TREE REMOVAL L A CERTAIN PERCENTAGE OF CALIPER INCHES CAN OE REMOVED AUTT.? • VERIFY 2. TREES SilOvaz VATION RoAD OR WILDING PERNATER5 TO DE REMOVED EXISTING STORM — WALKING PATH • cr:Ii 30-0" SETBACK FROM POND BUILDABLE AREA 146,200 SF AREA WITHIN SETBACKS 41.180 SF POND/SETBACK 107,020 SF USEABLE UNIT SIZE UNITS SHOWN VARY IN SIZE FROM 1.456 SF - 1,663 SF SITE AREA TOTAL SITE AREA . 217,806 SF = 5.0 acres 170,800 SF SITE AREA NOT INCLUDING ROAD RIGHTS OF WAY 28.159 SF WETLAND x 90 25,343 SF 9016 al WETLAND DEDUCTION 145,457 SF AREA AVAILABLE FOR LOT SIZE CALCULATION (3 34 acres) AT 7.500 SF PER UNIT, 19 UNITS ARE PERMITTED COMPREHENSIVE PLAN ALLOWS 4 UNITS/ACRE 20 UNITS 3.16.04 NORTH What you want to do; timing/phasing Existing land uses on subject property Wescott Oaks Project Narrative Comprehensive Guide Plan designation (existing and proposed) The subject property currently has a Comp Plan designation of LD -Low Density (0 -4 units /acre). The development plan proposes to construct 16 residential double housing units on approximately 5.0 acres, which results in a density of 3.2 units /acre. Therefore, the project complies with the existing land use designation and an amendment will not be required. Zoning classification (existing and proposed) The subject property is currently zoned A — Agricultural. The development plan proposes to rezone to PD- Planned Development due to multiple housing units located within a single parent parcel and adhere to an underlying R -2 (Residential Double) zoning for net buildable area analysis and setback criteria. The project proposes to commence with clearing and grubbing of the subject area upon City Council approval of the Preliminary plat and Development Agreement. A September start date would allow for construction of footing and foundation systems for the most southerly units adjacent to Wescott Road. Construction of the remaining units would be market driven, though would most likely be completed within 1 -2 years due to anticipated demands. The majority of the subject area is primarily undeveloped and heavily wooded. A large wetland area occupies the central portion of the project site and amounts to approximately 0.7 acres. A one -story walkout single family home is located near the southwest corner of the property and a pole barn is located immediately west of the wetland adjacent to the midsection of the west property line. A single driveway has access onto Wescott Road. Surrounding land uses and zoning within 660 feet Review of the Comprehensive Land Use plan indicates that the subject area is surrounded by LD -Low Density residential on all sides except for approximately 3 -4 acres of QP- Quasi- Public /Institutional to the southwest in the southeast corner of the intersection of Lexington Avenue and Wescott Road. 'ED MAR 1 7 ?n114 Review of the Zoning Map indicates the subject area is bordered by two 5 acre parcels both zoned Agricultural to the east and west. That entire area of approximately 15 acres, which is zoned Agricultural, is surrounded PD- Planned Development to the north, south and east. A limited area of R -1- Residential Single Family is located to the north and west and an area of approximately 3 -4 acres is zoned PF- Public Facility to the southwest. What impact does the rezoning have on surrounding property and land uses? The proposed development plan will impact the adjacent properties in a manner typical of any property being converted from an undeveloped to developed state. City services currently serving the adjacent properties will not be adversely affected due to the projects limited scope, identical zoning and similar density. Review of the Zoning Map indicates that only 46.6 acres or 0.2% of the City of Eagan is zoned R -2 Residential Double. Therefore, the proposed development will offer another housing type not readily available in the City of Eagan. Home Owners who want to remain in the City and relieve themselves of the responsibilities associated with maintaining a larger home will have an opportunity to do so. The rezoning to Planned Development will allow adjacent land owners and members of the community to input into the ultimate design of the project given the submittal requirements for a PD, which requires building elevations and floor plans. As such, the project will be able to address individuals concerns regarding building heights and screening of vehicular movements within the site. The submittal requirements for properties zoned R -1 (Residential Single Family) does not require individual building information. What impact does the rezoning have on the subject property? Rezoning of the subject property to PD will allow for the construction of multiple two - family homes atop individual lots all located within a single parent parcel. The proposed zoning is identical to approximately 75% of the surrounding zoning and is therefore compatible. What impact does the rezoning have on City services, such as sewer, water, stormwater run -off and roads? Sanitary Sewer The proposed development will be served by an existing 8 inch diameter lateral sewer line which runs the length of the property and parallels the west property line. It is not anticipated that the 16 units proposed will exceed the available capacity of the existing system and will be verified with City Staff prior to design of the sewer system. Water The proposed development will be served by an existing watermain located in Wescott Road. An 8 inch diameter line will be extended northerly into the subject area and provide for fire suppression and domestic services. It is not anticipated that the proposed 16 units will exceed the available capacity of the existing watermain and will be verified with City Staff prior to design of her the northerly lateral extension. Stormwater The current development plan proposes to route storm water captured in common drive areas to a pond located near the northwest corner of the existing wetland. The pond will be designed in accordance with National Urban Runoff Program (NURP) design criteria and will provide both water quality and rate control functions. Rezoning to a Planned Development will require that an association maintain the common areas. As such, one entity will be responsible for the maintenance of lawns and the associated costs. Research indicates that stormwater runoff from larger areas having a single entity responsible for lawn care generally reduces the concentration of pollutants when compared to areas managed by individual lot owners, given the financial impact of providing excessive lawn fertilizer applications. As such, contaminants such as nitrogen and phosphorous typically associated with lawn maintenance will be reduced down stream from the project site. The current development plan proposes to design buildings to fit within the parameters defined by the sites natural features such as significant trees and wetlands. Furthermore, the project anticipates an "empty nest" target market, which generally prefers less lawn area and more vegetation for privacy. As such, the quantity of runoff should be equal to or less than the amount generated form a typical single family residential developments, which generally prefer larger open areas required for children. Traffic /Roads. Review of the Trip Generation manual indicates that approximately 6 trips per day per unit can be anticipated for unit types similar to two- family homes. Therefore, approximately 96 trips per day (48 in /48 out) is anticipated for the current development plan of 16 two- family housing units. This is an increase of approximately 16 trips per day (8 in/8 out) or and additional 18% when compared to an 8 unit single family development, which produces 10 trips per day per unit. Due to the projects proposed access onto Wescott Road near Lexington Avenue and the minor increase in the percentage of trips beyond single family residential, the project should not adversely affect traffic. /6 Does the requested land use proposed by the rezoning result in a better use of the land? Explain. The requested land use proposed by the rezoning is compatible with the surrounding properties and in compliance with the Comprehensive Land Use Plan. The approval process required for the requested zoning will allow adjacent property owners and residents of the community to input into the design of the project. The project will provide residents of the community wanting to remain in the City with an alternate housing type not readily available in the Community. City services will not be adversely affected. The quality and quantity of stormwater runoff may be improved when compared to a typical single family development due to the reduction in sodded areas and the associations maintenance of the common areas. Rezoning to the requested Planned Development with an underlying R -2 zoning will result in low impact, secluded neighborhood friendly, environmentally sensitive project that protects the Neighbors' values and standard of living they are accustomed to. Agenda Information Memo May 4, 2004, Eagan City Council Meeting B. REZONING — ROBERT MCDONALD ACTIONS TO BE CONSIDERED: To approve (OR to direct findings of fact for denial) a Rezoning of five acres from Agriculture to R -1, Single family residential district for property located at 1085 Wescott Road. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • No development is proposed at this time. • Property surrounded with single family detached uses. • Property to the east is currently requesting to rezone to R -2, Residential Double district. • The Advisory Planning Commission held a public hearing on April 27, 2004 and is recommending approval. 60 DAY AGENCY ACTION DEADLINE • May 17, 2004 ATTACHMENTS (2): // Advisory Planning Commission Minutes page(s)/ 7 Planning Staff Report pages/'througFJ 9 /66 City of Eagan Advisory Planning Commission Meeting Minutes April 27, 2004 Page 4 B. REZONING — ROBERT F. MCDONALD A Rezoning of approximately five acres from A, Agriculture to R -1, Single Family Residential, located at 1085 Wescott Road in the SW 1 /4 of Section 14. Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated April 14, 2004. She noted the background and history. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Chair Heyl stated her comments for the previous item should also be considered for this item. She stated she is in favor of approval of this proposal because it fits the area. Member Hansen moved, Member Bendt seconded a motion to recommend approval of a Rezoning of approximately five acres from A, Agriculture to R -1, Single Family Residential, located at 1085 Wescott Road in the SW 1 /4 of Section 14. All voted in favor. Motion carried 4 -0. /6� REPORT DATE: April 14, 2004 APPLICANT: Robert McDonald PROPERTY OWNER: Same REQUEST: Rezoning LOCATION: 1085 Wescott Road COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: A, Agriculture SUMMARY OF REQUEST PLANNING REPORT CITY OF EAGAN CASE: 14- RZ- 02 -03 -04 HEARING DATE: April 27, 2004 APPLICATION DATE: March 17, 2004 PREPARED BY: Sheila Cartney The applicant is requesting approval of a Rezoning from Agriculture to R -1, Single Family Residential for five acres located at 1085 Wescott Road in the SW 1 /4 of Section 14. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two - thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND /HISTORY The property is not platted. /6,g Planning Report — Rezoning McDonald April 27, 2004 Page 2 EXISTING CONDITIONS The site is heavily wooded, a single family home exists. Access is via Wescott Road. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: *The property to the east of the subject site is also requesting approval of a rezoning, the request is to rezone to Planned Development with anticipation of developing twin homes. EVALUATION OF REQUEST Compatibility with Surrounding Area — The subject site is currently surrounded with residential uses. Properties to the North, South and west are fully developed. The properties to the east are zoned Agriculture and have potential to be developed further. Rezoning the subject property to R -1, Single Family Residential allows for further development of this lot. The subject site has a Comprehensive Land Use Designation of Low Density Residential (0- 4u/a). R -1 zoning is compatible with this land use designation. Single family uses appear compatible with the surrounding area. Development is not proposed at this time. SUMMARY /CONCLUSION The applicant is requesting to rezone the subject property from Agriculture to R -1, Single Family Residential. The property is currently zoned Agriculture. Rezoning to R -1 could allow for future residential development of the subject site. The subject site is guided LD, Low Density residential (0 -4u/a) R -1 zoning is compatible with the land use designation. A site plan was not provided with the application and development is not proposed at this time. /69 Existing Use Zoning Land Use Designation North Single family residential R -1, Single family residential LD, Low Density residential 0 -4 u/a South Single family residential PD, Planned Development LD, Low Density residential 0 -4 u/a East* Single family residential A, Agriculture LD, Low Density residential 0 -4 u/a West Single family residential R -1, Single family residential LD, Low Density residential 0 -4 u/a Planning Report — Rezoning McDonald April 27, 2004 Page 2 EXISTING CONDITIONS The site is heavily wooded, a single family home exists. Access is via Wescott Road. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: *The property to the east of the subject site is also requesting approval of a rezoning, the request is to rezone to Planned Development with anticipation of developing twin homes. EVALUATION OF REQUEST Compatibility with Surrounding Area — The subject site is currently surrounded with residential uses. Properties to the North, South and west are fully developed. The properties to the east are zoned Agriculture and have potential to be developed further. Rezoning the subject property to R -1, Single Family Residential allows for further development of this lot. The subject site has a Comprehensive Land Use Designation of Low Density Residential (0- 4u/a). R -1 zoning is compatible with this land use designation. Single family uses appear compatible with the surrounding area. Development is not proposed at this time. SUMMARY /CONCLUSION The applicant is requesting to rezone the subject property from Agriculture to R -1, Single Family Residential. The property is currently zoned Agriculture. Rezoning to R -1 could allow for future residential development of the subject site. The subject site is guided LD, Low Density residential (0 -4u/a) R -1 zoning is compatible with the land use designation. A site plan was not provided with the application and development is not proposed at this time. /69 Planning Report — Rezoning McDonald April 27, 2004 Page 3 ACTION TO BE CONSIDERED To approve a Rezoning from Agriculture to R -1, single family residential for property located at 1085 Wescott Road. /7d • What impact does the rezoning have on surrounding property and land uses? NONE • What impact does the rezoning have on the subject property? NONE • What impact does the rezoning have on City services, such as sewer, water, stormwater run -off and roads? NONE • Does the requested land use proposed by the rezoning result in a better use of the land? The results of the rezoning has no impact on the land as it is currently a single family home and is surrounded on all four sides by single family residentiaL • Comprehensive Guide Plan designation: LD — Low Density • Zoning classification — Existing: A - Agriculture Proposed: R -1 Residential Single Family • What do you want to do; Change the zoning on my property from (A) Agriculture to (R -1) Single Family Residential • Existing land uses on subject property — Single Family Residential • Surrounding land uses and zoning within 660 feet: R -1 Single Family Residential A — Agriculture, PD — Planned Development, PF — Public Facility (church) Location Map Eagan Boundary Street Centerline Parcel Area Building Footprint WY tae -s,W• n vivo lid MAN v . V im► ilv 121, fike■ t.4•45otti 0 malam 2 _► 00 ra I try tt e sal I DUCK OD DOI le t MI MV MV ®Giiii at 4 iv A r , titte n® ar.1 r111111 Inn TIa Lid; t CG° °3 32°53 ED {al 034 4 70 41 S E7 r7 ENIESMP■a IMM? " ii per CMS MS a ■ I tam ,a Diu M. Air Hp WEI ry wen iunra GIs p 6 � 0 DUCAW000 DM. ran 17ri .C' PO I Ot EnntS ©I Sub'ect Site Wrirott n �® ®► 1 — Eiffel 1g► / carsamoza tlEt ®a L Flo 1:11654Z041;11,0 ��..( JI 11.1 rwi 3 44 <Pikf 4N 115161;" late6***0010j611 -41„ __ p u li® ilit � � Nus ma RE VQ V ICEE:53t#41 CLINE: C3 ;2 1 32CZEI C' grAil0 We r EttrIlingorah NE, -gamy ill TI OAtka OA, 474Y 4N1/6/ 4 4" e e # : 4a t Ofa ] ta 11D® ee lipml �s a 17� CC7 CJ Rte' ® ® - ��"� a e ® ® + � °JL9L�p� 4�� D ULMGM .a D f EP Niue) 0 Niiiiktf, • emu, �� y C:a L ^�1 mi inn FIS ' 4VM kit. 41164 111 III araratgdass ...- , .. i mouton " Yia$ La 1000 0 1000 2000 Feet Development /Developer: Robert McDonald Application: Rezoning Case No.: 14- RZ- 02 -03 -04 Community Development Department Map Prepared using ERSI ArcView 3.1. Parcel base map data • by Dakota County Office of GIS and is current as of January 2004. 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 not responsible for errors or omissions. N W E Comprehensive Guide Plan Land Use Map Current Land Use Designation: LD Low Density Residential (0 -4 units /acre) 600 600 1200 Feel LD 11111 1112 =I MEM MEM I 1111E �! "Npll • • • *h * QP 1 01111111111Wi LD NMI Ili Am E �Niii %�j�� 143 1 3% . km/ 4 AIMS Saari 111.1111 Par Current Zoning and Comprehensive Guide Plan Land Use Map Current Zoning: A Agriculture 600 Zoning Map 600 1200 F..t 14• V\-LI A 11111 1iii1 LE>4 im"ip = i i `u I.ip, low 1, P ‘4 • 1111111111111 ■ MIN A : A PF %1131111111///41 Alm _ L • � I I t �� _ I III ►�� 111111Mi■;& * City of Eagan Community Development Department Parcel base map information provided, ota Count Survey D.partmer June 2003. Zoning information manRar ed byCity Staff. THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. Robert McDonald Case No. 14- RZ- 02 -03 -04 Agenda Information Memo May 4, 2004, Eagan City Council Meeting C. PLANNED DEVELOPMENT AMENDMENT — YOCUM OIL (HOLIDAY STATION THOMAS LAKE CENTER) ACTIONS TO BE CONSIDERED: To approve (OR to direct findings of fact for denial) a Planned Development Amendment to allow outdoor display at the Holiday Station store in Thomas Lake Center, located at 1579 Cliff Road; subject to the conditions in the Advisory Planning Commission minutes. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • The service station was constructed in 1989 • The request is to continue outdoor display of the propane exchange, firewood, water softener salt, windshield washer fluid, mulch and sidewalk salt. • Consistent with City Code requirements for outdoor display, the applicant indicated the display area will not exceed 60 square feet, four feet in height and will not extend more than five feet in front of the building; meeting code. • The Advisory Planning Commission held a public hearing on April 27, 2004 and is recommending approval, subject to the conditions in the minutes. 60 DAY AGENCY ACTION DEADLINE • May 17, 2004 ATTACHMENTS (2): �� Advisory Planning Commission Minutes age(s)/ Planning Staff Report pageathrough /8 /12/' City of Eagan Advisory Planning Commission Meeting Minutes April 27, 2004 Page 11 E. PLANNED DEVELOPMENT AMENDMENT — YOCUM OIL COMPANY A Planned Development Amendment to allow outdoor storage on Lot 5, Block 1, Thomas Lake Center, located at 1579 Cliff Road (Holiday) in the SW %4 of Section 28. Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated April 14, 2004. She noted the background and history. Wes Hallberg, Yocum Oil Company stated acceptance of the conditions included in the Staff Report. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Heyl questioned if the size requirements for the display could be met. The applicant stated they intend to meet the code. Member Heyl moved, Member Bendt seconded a motion to recommend approval of a Planned Development Amendment to allow outdoor storage on Lot 5, Block 1, Thomas Lake Center, located at 1579 Cliff Road (Holiday) in the SW'/ of Section 28 subject to the following conditions: 1. The Planned Development Amendment Agreement must be executed and recorded. 2. The display area is limited to 60 square feet. 3. The display area shall not extend more than five feet from the principal building and shall not exceed four feet in height. 4. The location of the display area is limited to the area designated on the site plan. 5. No items for display or storage are allowed at the gas pumps. 6. The items for display are limited to firewood, windshield washer fluid, water softener salt, propane, mulch and sidewalk ice melt. All voted in favor. Motion carried 4 -0. / 7s PLANNING REPORT CITY OF EAGAN REPORT DATE: April 14, 2004 CASE: 28- PA- 08 -03 -04 APPLICANT: Yocum Oil Co. HEARING DATE: April 27, 2004 PROPERTY OWNER: Tim Yocum APPLICATION DATE: March 18, 2004 REQUEST: Planned Development Amendment PREPARED BY: Sheila Cartney LOCATION: 1579 Cliff Road COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow outdoor display on west side of the store at property located at 1579 Cliff Road (Holiday Station) in the SW 1 /4 of Section 28. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two- thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND /HISTORY The original planned development proposal for the 600 acre Blackhawk Park Planned Development was submitted to the City in 1972 as "Eagan 500." The Blackhawk Park Planned Development Agreement was executed in June 1977 for a 15 year term. Thomas Lake Center was platted and the strip center on Lot 1 constructed in 1987. The Texaco (currently Holiday) on Lot 5 was constructed in 1989. Other free standing businesses and the additional parking for Life Time Fitness were constructed in 1995 and 1996. /76 Planning Report — Yocum Oil April 27, 2004 Page 2 EXISTING CONDITIONS The site is located in Thomas Lake Center. The center contains a strip retail center, Bonfire Restaurant, Car Care Muffler and Brake, and Xpress Lube. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Proposal — The applicant would like to continue to display items for sale outside in front of the store. The items for sale include: Propane, firewood, water softener salt, windshield wiper fluid, mulch and sidewalk ice melt. The applicant states that these items "represent a high volume of sales for our store." The location of these items is proposed to be located near the front door facing the gas pumps. Code Requirement — The zoning ordinance allows outdoor display in the following zoning districts: NB, Neighborhood Business, GB, General Business, and CSC, Community Shopping Center. The subject property is zoned Planned Development, the use is consistent with the listed zoning districts, but requires a Planned Development Amendment. The Ordinance also lists standards for outdoor display: a. The display area shall not exceed 60 square feet. The site plan does not indicate the display area's size. The applicant should address this issue. Staff suggests that area should not exceed 60 square feet to be consistent with other outdoor display areas within the City of Eagan. b. The display area shall be located immediately adjacent to the principal structure and only on the side of the building which contains a main entrance. According to the site plan the display area is adjacent to the principal structure and on the side of the building which contains an entrance. c. The display area shall not extend more than five feet out from the building and shall not exceed four feet in height. The Site Plan does not indicate how far the storage extends / 97 Existing Use Zoning Land Use Designation North Xpress Lube PD, Planned Development RC, Retail Commercial East Car Care Muffler and Brake PD, Planned Development RC, Retail Commercial South Single family residence PD, Planned Development LD, Low Density Residential West Vacant PD, Planned Development RC, Retail Commercial Planning Report — Yocum Oil April 27, 2004 Page 2 EXISTING CONDITIONS The site is located in Thomas Lake Center. The center contains a strip retail center, Bonfire Restaurant, Car Care Muffler and Brake, and Xpress Lube. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Proposal — The applicant would like to continue to display items for sale outside in front of the store. The items for sale include: Propane, firewood, water softener salt, windshield wiper fluid, mulch and sidewalk ice melt. The applicant states that these items "represent a high volume of sales for our store." The location of these items is proposed to be located near the front door facing the gas pumps. Code Requirement — The zoning ordinance allows outdoor display in the following zoning districts: NB, Neighborhood Business, GB, General Business, and CSC, Community Shopping Center. The subject property is zoned Planned Development, the use is consistent with the listed zoning districts, but requires a Planned Development Amendment. The Ordinance also lists standards for outdoor display: a. The display area shall not exceed 60 square feet. The site plan does not indicate the display area's size. The applicant should address this issue. Staff suggests that area should not exceed 60 square feet to be consistent with other outdoor display areas within the City of Eagan. b. The display area shall be located immediately adjacent to the principal structure and only on the side of the building which contains a main entrance. According to the site plan the display area is adjacent to the principal structure and on the side of the building which contains an entrance. c. The display area shall not extend more than five feet out from the building and shall not exceed four feet in height. The Site Plan does not indicate how far the storage extends / 97 Planning Report — Yocum Oil April 27, 2004 Page 3 from the building or the height of the storage. The storage is expected to meet this requirement. d. The display area shall not take up required parking spaces or landscaping areas of the principal use. The proposed display area does not take up any parking or landscaped areas. e. The display items shall consist solely of products sold or distributed within the principal structure by the occupant thereof The items for display are typically associated with service stations. Firewood and propane are required to be stored outdoors. SUMMARY /CONCLUSION The applicant is requesting approval of a Planned Development Amendment to allow outdoor display of propane, firewood, water softener salt, windshield washer fluid, mulch and sidewalk ice melt. The site plan indicates these items will be stored near the entrance of the store. It is expected that these items will not be stored or displayed at the gas pumps at any time. The applicant did not indicate the size of the display area, and should be addressed by the applicant. The code allows the display area to be a maximum of 60 square feet. The display area is limited to four feet in height and not to extend more than five feet from the building. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow outdoor display of items near the entrance of the convenience store located at 1579 Cliff Road. If approved the following conditions shall apply: 1. The Planned Development Amendment Agreement must be executed and recorded. 2. The display area is limited to 60 square feet. 3. The display area shall not extend more than five feet from the principal building and shall not exceed four feet in height. 4. The location of the display area is limited to the area designated on the site plan. 5. No items for display or storage are allowed at the gas pumps. 6. The items for display are limited to firewood, windshield washer fluid, water softener salt, propane, mulch and sidewalk ice melt. /7g Mar•19. 2004 8 :55AM No.8339 P 2 City of Eagan 3830 Pilot Knob Road Eagan, MN 55112 03/16/04 To Whom It May Concern: The attached is a request to amend our site plan to include outside displays on the west side of our store at 1579 Cliff Road, next to the outside of our building. These outside displays consist of high volume items and/or items that are not displayable inside of our building including: — Propane —Fire Wood —Water Softener salt — Vehicle wind shield wiper fluid —Mulch —Side Walk Ice Melt Though many are seasonal in nature, these items represent a high volume of sales for our store: in excess of S40,000 per year. Lack of ability to store these items would mean a loss in ability to sell some items, and minimize the ability to maxiuni ze the sales of others causing a hardship both for ourselves and our customers. In regards to the effect of the change of our site plan on our neighbors: it should be indiscernible to them. We have had these outside displays since we opened the store 12 years ago, not realizing we were in non - compliance; so to our neighbors it will be "business as usual ". Removal of these products would impact our neighbors, who are our shoppers: these items are placed outside for convenience purposes, as well as hygienic and safety purposes. Thank you for your consifleration, Wes Uafberg Retail Operations Manager Yocum Oil Company, Inc. 0 /79 kLcEiVrDt 192004 Location Map Eagan Boundary Street Centerline Parcel Area Building Footprint 10 k ; tt lir o ULNA t oo 4 l Attrit Aft. 443 _& 4.70 .4truari la 140'4 4 **/ * 31 , szrou Z L I tkci&zarizi 0 WASTRIS ST ISISSTLISS LASS SSW. LANS ,E0 4 in 1 .!..7.0.5n 1 ig wr 1 4 1 Lim cl6r boird OtriN s tibill i Fli, 13 Ant a zo 01) -40tri-S r am = w i t" r ak rj 01 'NW' M .-e% ti".:;46 4ati 3. " • Otos a 0 4 eg I go ric tan At> 147 illim 14p=i Elp 1 1. 1 ".,„0. t l ' Ar1 " 16 ' ` 411 Pie 111 a MU Iso Ab .,.. 411*1 L. 14 fa i wfiht .stoor..14,404 4500.3 ril mi El m MOGI EN •.■ -...+ a Mk._ itil . 4.1.V „,taut b iTr, • 4 4 .1.k 44 011 Ert2, 3115 v 131 Ara I NMI 1/4‘ W WA cp.° **A l iZiltrAW ri rat Lat i ll i M 0.121:211 t ici Mtv ali a rAillialio Graitatitil MptiretAll 11 irmarpappror ME k$ -4vtl c... a IIII tg h I g-` t'aiipl Mark allad lel I I 4 11 4 1•Ntiro N InZ 1 1 .... 0 Lila ini co. 41 0 WAY 11 121:441 11474111 1000 0 1000 2000 Feet MUM Development/Developer: Yocum Oil Company Application: PD Amendment Case No.: 28-PD-08-03-04 * city oF eagan Community Development Department Map Prepared using ERSI ArcView 3.1. Parcel base map data provi by Dakota County Office of GIS and is current as of January 2004. /. 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 not responsible for errors or omissions. E Comprehensive Guide Plan Land Use Map Current Land Use Designation: RC Retail Commercial 600 0 600 1200 Feet i-1-1111:1L, * • I�to ,ISE,,,' MD '•� I111•11I 110 NI mo woos., ■ • • :11 ammo ® ®® • • • • • LD k Ali P I *I. 411 A i va n o ® 1uIIIliuI11 ' �, II'ru9 rt a% a <3? kV O ft,. so 14. mom mom artJa. • ms " tik*A.T4.0 4 Current Zoning and Comprehensive Guide Plan Land Use Map Zoning Map Current Zoning: PD Planned Development 600 0 600 1200 Feet ki • p NI ®® ES PD Lon ale taro lw P t. R -1 PF 111111E1% gmffirlfr ?It• N o r lett mon wog V 11 B ® ® 03 ED 4 City of Eagan Community Development Department Parcel base map information providedby Dakota County Land Survey Department June 2003. Zoning information maintained byCity Staft 2, THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. Yocum Oil Co Case No. 18- PD- 08 -03 -04 N • ca ra sto • m 1! i fin pt 1;1 Agenda Information Memo May 4, 2004, Eagan City Council Meeting D. CONDITIONAL USE PERMIT TO ALLOW PAYROLL CHECK CASHING — WAL-MART ACTIONS TO BE CONSIDERED: To approve (OR to direct findings of fact for denial) a Conditional Use Permit to allow payroll check cashing at the check out registers at Wal -Mart located at 1360 Town Centre Drive; subject to the conditions in the Advisory Planning Commission minutes. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • Three CUP's on the subject site exist: Christmas tree sales, produce sales, green house in parking lot. • There are eight performance standards in the Code regarding currency exchange, all eight standards are proposed to be met. • The checks cashed are limited to Payroll checks. • The Advisory Planning Commission held a public hearing on April 27, 2004 and is recommending approval, subject to the conditions in the minutes. ISSUES: • Wal -Mart is a 24 hour operation, the code limits check cashing hours to lam to 7:59pm, APC members spoke about the hours of operation within a 24 hour store and staff is concerned with the enforcement of these hours. 60 DAY AGENCY ACTION DEADLINE • May 23, 2004 ATTACHMENTS (2): / pS Advisory Planning Commission Minutes page(s) /g� _ O Planning Staff Report pages/ through/t3 /83 City of Eagan Advisory Planning Commission Meeting Minutes April 27, 2004 Page 13 G. CONDITIONAL USE PERMIT — WAL -MART A Conditional Use Permit to allow a check cashing service on Lot 1, Block 1, Town Centre 70th Eleventh Addition, located at 1360 Town Centre Drive in the NW %4 of Section 15. Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated April 14, 2004. She noted the background and history. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Charlene Walls, Wal -Mart Store Manager stated there would be signs posted and proper training to ensure that there will be no check cashing during the times prohibited by the City Code. Member Leeder asked what type of checks would be cashed and if this permit would prevent other businesses in the area from doing the same. Ms. Walls explained that it is her understanding that only business or government issued checks would be cashed at the Wal -Mart store. She stated all other Wal -Mart stores in Minnesota provide this service. Planner Cartney explained that another business could provide the same service as long as all City Code Requirements are met. City Attorney Bob Bauer explained that the City Code defines the currency exchange business, and Wal -Mart does fit into the definition., Member Bendt moved,,. Member Leeder seconded a motion to recommend approval of a Conditional Use Permit to allow a check cashing service on Lot 1, Block 1, Town Centre 70th Eleventh Addition, located at 1360 Town Centre Drive in the NW % of Section 15 subject to the following conditions: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. The operation of the currency exchange business shall comply and be operated in accordance with all state laws and regulations relating to the operation of currency xchange business. 3. The currency exchange business shall be operated in accordance with the zoning regulations of this Code. 4. The currency exchange business shall comply with all provisions of this Code and other applicable state laws. City of Eagan Advisory Planning Commission Meeting Minutes April 27, 2004 Page 14 5. The currency exchange business shall not engage in any services in which money or funds are Tended, borrowed or pledged to or by a customer. 6. The premises shall be open for inspection by the City and the City shall have the right to inspect the premises. 7. The currency exchange business shall not be open or operated during the hours of 8:OOpm and 6:59 am. All voted in favor. Motion carried 4 -0. /35- PLANNING REPORT CITY OF EAGAN REPORT DATE: April 14, 2004 CASE: 15- CU- 04 -02 -04 APPLICANT: Wal -Mart Stores HEARING DATE: April 27, 2004 PROPERTY OWNER: Frances Coberly APPLICATION DATE: March 24, 2004 REQUEST: Conditional Use Permit PREPARED BY: Sheila Cartney LOCATION: 1360 Town Centre Drive COMPREHENSIVE PLAN: SA, Special Area ZONING: CSC, Community Shopping Center SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow check cashing services upon check out at Wal -Mart located at 1360 Town Centre Drive. The applicant is requesting approval of a Conditional Use Permit AUTHORITY FOR REVIEW 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. /fffri4 Planning Report — WalMart April 27, 2004 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 property was platted in 1991 and the store constructed in 1992. A Conditional Use Permit for outdoor sales and display for the garden center was approved with the initial plans, with the stipulation that the outside sale and display be restricted to garden items only. In 1998, Wal -Mart constructed an addition to the front of the store and extended the screening wall at the rear of the store to enclose and screen the storage area for trash dumpsters, wood pallets and bundled boxes. A CUP allowing Christmas tree sales on the Wal -Mart property also exists. The Christmas tree sales are located on the far end of the parking lot from the building. A CUP for a produce stand was also approved for Wal -Mart in 1997. In 2002 a CUP was approved to allow a temporary greenhouse in the parking lot from May to July. EXISTING CONDITIONS The site is developed with a 120,000 square foot retail building. The building is located on the east end of the site, with parking to the west. The site is bounded by Town Centre Drive to the west, Duckwood Drive to the south and other retail to the north and south. A storm drainage pond is located between the building and Duckwood Drive. SURROUNDING USES /8 Planning Report — WalMart April 27, 2004 Page 3 The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Compatibility with Surrounding Area — The City Zoning Code allows currency exchange operations as a Conditional Use within the Community Shopping Center district, subject to adopted standards. The zoning ordinance states that the currency exchange operation is subject to regulations in Chapter 6 of the City Code. Chapter 6 establishes that a state license for currency exchange is required, in addition to the zoning approval from the City. Evaluation — Chapter 6 establishes eight performance standards that apply to currency exchange businesses. Each of these items are evaluated below: 1) The operation of the currency exchange business shall comply and be operated in accordance with all state laws and regulations relating to the operation of currency exchange business. 2) A currency exchange business shall be operated only in the zoning districts as set forth in this Code and in accordance with the zoning regulations of this Code. The proposed site is zoned Community Shopping Center, currency exchange is permitted via Conditional Use Permit. 3) No currency exchange business shall be located closer than 200 feet to any existing currency exchange business, secondhand goods store or pawnshop, daycare facility, on or off -sale liquor establishments, park or public facility or residential property, including R- 4(residential multiple) properties. The distance set forth herein shall be measured from any point of the exterior area of the structure in which the currency exchange business is located and the closest point on the property line of the other use. Wal -Mart is not within 200 feet of any of the uses listed above. at Existing Use Zoning Land Use Designation North Kohl's CSC, Community Shopping Center SA, Special Area South Retail CSC, Community Shopping Center SA, Special Area East Companion Animal hospital/Cornerstone self storage CSC, Community Shopping Center/PD, Planned Development SA, Special Area West Eagan Auto mall/Paradise car wash CSC, Community Shopping Center SA, Special Area Planning Report — WalMart April 27, 2004 Page 3 The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Compatibility with Surrounding Area — The City Zoning Code allows currency exchange operations as a Conditional Use within the Community Shopping Center district, subject to adopted standards. The zoning ordinance states that the currency exchange operation is subject to regulations in Chapter 6 of the City Code. Chapter 6 establishes that a state license for currency exchange is required, in addition to the zoning approval from the City. Evaluation — Chapter 6 establishes eight performance standards that apply to currency exchange businesses. Each of these items are evaluated below: 1) The operation of the currency exchange business shall comply and be operated in accordance with all state laws and regulations relating to the operation of currency exchange business. 2) A currency exchange business shall be operated only in the zoning districts as set forth in this Code and in accordance with the zoning regulations of this Code. The proposed site is zoned Community Shopping Center, currency exchange is permitted via Conditional Use Permit. 3) No currency exchange business shall be located closer than 200 feet to any existing currency exchange business, secondhand goods store or pawnshop, daycare facility, on or off -sale liquor establishments, park or public facility or residential property, including R- 4(residential multiple) properties. The distance set forth herein shall be measured from any point of the exterior area of the structure in which the currency exchange business is located and the closest point on the property line of the other use. Wal -Mart is not within 200 feet of any of the uses listed above. at Planning Report — WalMart April 27, 2004 Page 4 4) A currency exchange business shall comply with all provisions of this Code and other applicable laws. 5) No bars, chains or other security devices on the structure in which a currency exchange is located shall be visible from a public street or sidewalk. 6) A currency exchange business shall not engage in any services in which money or funds are lended, borrowed or pledged to or by a customer. 7) The premises shall be open for inspection by the City and the City shall have the right to inspect the premises. 8) No currency exchange business shall be open or operated during the hours of 8:00 pm and 6:59am. Wal -Mart is open 24 hours; proposed hours of operation were not included with the application. SUMMARY /CONCLUSION Wal -Mart stores are requesting approval of a Conditional Use Permit to allow payroll check cashing at the check out counters. The currency exchange ordinance was adopted in July 2003, there is on other currency exchange location within the City of Eagan. The proposal satisfies the location standards of the ordinance. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow payroll check cashing at the check out registers in the Wal -Mart store located at 1360 Town Centre Drive subject to the following conditions: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. The operation of the currency exchange business shall comply and be operated in accordance with all state laws and regulations relating to the operation of currency exchange business. 3. The currency exchange business shall be operated in accordance with the zoning regulations of this Code. 4. The currency exchange business shall comply with all provisions of this Code and other applicable state laws. 5. The currency exchange business shall not engage in any services in which money or funds are lended, borrowed or pledged to or by a customer. 6. The premises shall be open for inspection by the City and the City shall have the right to inspect the premises. 7. The currency exchange business shall not be open or operated during the hours of 8:OOpm and 6:59 am. /8y FINANCIAL OBLIGATION- 15- CU- 04- 02 -04, Lot 5, Block 1, Town Centre 70 Eleventh Addition Wal_Mart There are pay -off balances of special assessments totaling $ -0- on the parcel proposed for the conditional use. At this time, there are pending assessments in the amount of $184,135 on the property for which the conditional use permit is requested. The pending assessments are related to Project 851, which provided for the reconstruction of streets, intersections, traffic lights and other improvements in the Town Centre 70 and 100 subdivisions. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection. IMPROVEMENT None Total USE RATE QUANTITY AMOUNT /90 ADDENDUM #11 Description of Business: Wal -Mart Stores East, LP is a subsidiary of Wal -Mart Stores, Inc. (WSI). WSI is a national discount retailer offering a wide variety of general merchandise. Wal -Mart stores offer pleasant and convenient shopping in 36 departments including family apparel, health & beauty aids, household needs, electronics, toys, fabrics & crafts, lawn & garden, jewelry and shoes. In addition, some Wal -Mart Stores offer a pharmacy department, tire & lube express, garden center, snack bar or restaurant, vision center and one -hour photo processing for customer convenience. Business Plan: Wal -Mart Stores, Inc. is the world's largest retailer with $218 bullion in sales in the fiscal year ending January 31, 2002. The company employs more than 1.3 million associates worldwide through more then 3,200 facilities in the United States and more than 1,100 units in Mexico, Puerto Rico, Canada, Argentina, Brazil, China, Korea, Germany and the United Kingdom. More then 100 million customers per week visit Wal -Mart stores worldwide. Wal -Mart leases space in the stores to various industries, including banks. These banks pay a rental fee to Wal -Mart. Wal -Mart Stores, Inc. is going to begin conducting a payroll check cashing service for our customers from the cash registers only. Customers will be able to cash a payroll check from any employer for a small fee. A fee of 1% capped at $3.00 will be charged for the following states: Louisiana Pennsylvania Minnesota Connecticut New Jersey New York Vermont A fee of $3.00 will be charged to cash payroll checks in all other states. / 9/ , r 117Cr TFT2 FEB 1 8 2 094 s:a': ti �v i Location Map Eagan Boundary Street Centerline � `� , ; % Parcel Area Building Footprint co I I re f f Ill CD II I7 o x+Y- rto�axn- >e.w.at nnno�v no a 138 ® riu - -- ® p 0 Ea 0 . Ms, a 1 ee a. , .4,1 � 6 MD f�. _ Aga . e r a;, ®. 5 ' 0 / ;' / � F. =3 on , gm � Do t Hi t *� / Elm r� r ii i ti � i � AM, weak _ _ in ..F _ 4 t 0 i��l`I __i� D am �� a -r I ®Z+ o . .e,een Nem ® in w e Elm mow : Igeb t Su site - >«.... m � 1 - r7� MINIM , 41 itig In ira rirars "1 ggig 114 4 la CoM NM drers 7 %V lb aut A� 03, 4 w C" A Ft 34I C,1 LJLn ■ rii � � j ® f��Df7f1d� EJLJLUIe>�►® uN m m � lb V , El � , nip, „„,151 a iiVI( ,, „ �►,. ,.. �� IN d ® 001M;14 \ k ag tin Q IUL4 dd��` =NIiiii�� \ dki _fit � wAirl pi 0.■ ....., N. aws 1 ° rit MI".'M 1000 0 1000 2000 Feet Development/Developer: WaI - Mart Application: CUP Case No.: 15- CU- 04 -02 -04 / 9 city of eagan Community Development Department Map Prepared using ERSI ArcView 3.1. Parcel base map data provided by Dakota County Office of GIS and Is current as of January 2004. / THIS MAP IS INTENDED FOR REFERENCE USE ONLY T he City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. N W E Current Zoning and Comprehensive Guide Plan Wal -Mart Land Use Map Case No. 15- CU- 04 -02 -04 Zoning Map - T PD ' 911111 Current Zoning: CSC Community Shopping Center PD ;. h 40 m ,.... 2 • IN �� ; vi PD CSC �Oe a lr i- _ - � ■ . 600 0 600 1200 Foot ...- -- F 1, 41 pA rr,Tn� Comprehensive Guide Plan ---) r ' r Land Use Map SA SA Fr e• ' All moo SA Current Land Use Designation: SA Special Area r ■ 411 IS 11111■ as 11111 Q� . •. ' Iiii SA / OV ` *w 600 0 600 1200 Foot ■ . SA SA _ *._l___ .e SA limn Him MILO N. /q3 Parcel base map information pr iderby Dakota and Survey Departme,t Jun. 2003. N Zoning inf n mined byCity Stan. 111 City of Eagan W E Community Development Department 2. THIS MAP IS INTENDED FOR REFERENCE USE ONLY S The City of Eagan and Dakota County do not guarantee the accuracy of this information. Agenda Information Memo May 4, 2004, Eagan City Council Meeting E. PLANNED DEVELOPMENT AMENDMENT TO ALLOW A DRIVE -THRU - WALGREENS ACTIONS TO BE CONSIDERED: To approve (OR to direct findings of fact for denial) a Planned Development Amendment to allow a drive -thru for the pharmacy at Walgreen's located at 2010 Cliff Road; subject to the conditions in the Advisory Planning Commission minutes. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • In 1992, a similar request was denied based on traffic circulation, since then the area has been developed and those concerns are not valid today. • The proposed drive -thru is located on the south side of the building with a canopy. • Typically a drive -thru has stacking for six cars the site plan indicates room for two cars. • The dumpster shall be attached to the building and enclosed with materials to match the building. • Any landscaping removed with the drive -thru should be replaced onsite. • The Advisory Planning Commission held a public hearing on April 27, 2004 and is recommending approval, subject to the conditions in the minutes. 60 DAY AGENCY ACTION DEADLINE • May 30, 2004 ATTACHMENTS (2): Advisory Planning Commission Minutes page(s) /75 Planning Staff Report pages /9dthroug1 /9 City of Eagan Advisory Planning Commission Meeting Minutes April 27, 2004 Page 19 I. PLANNED DEVELOPMENT AMENDMENT — ALLIANT ENGINEERING A Planned Development Amendment to allow a drive -thru on Part of Lot 3, Radler Park, located at 2010 Cliff Road (Walgreen's) in the NE % of Section 31. Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated April 19, 2004. She noted the background and history. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. The Advisory Planning Commission discussed the stacking of cars in the drive through lane. The applicant stated he would provide plans indicating stacking for the City Council meeting. Planner Cartney stated the City's policy on stacking requires allowable distance for six cars. Member Hansen moved, Member Bendt seconded a motion to recommend approval of a Planned Development Amendment to allow a drive -thru on Part of Lot 3, Hadler Park, located at 2010 Cliff Road (Walgreen's) in the NE % of Section 31 subject to the following conditions: 1. The Planned Development Amendment Agreement must be executed and recorded. 2. A trash enclosure shall be constructed with similar materials as the principal building. 3. A detailed awning plan shall be submitted for the Planned Development Amendment Agreement. 4. Landscaping shall replace the painted bump out on the east side of the building. 5. The, existing landscaping materials removed for the drive -thru shall be transplanted on site. 6. A revised site plan shall be submitted showing stacking for the drive -thru. All voted in favor.:. Motion carried 4 -0. REPORT DATE: April 19, 2004 APPLICANT: Clark Wicklund PROPERTY OWNER: Dr. Yu Wang REQUEST: Planned Development Amendment LOCATION: 2010 Cliff Road COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow drive - thru window for the pharmacy of Walgreens, located at 2010 Cliff Road in the NE '/4 of Section 31. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two- thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND /HISTORY PLANNING REPORT CITY OF EAGAN The Walgreens store was constructed in 1992 as part of the Hadler Park Planned Development. While under construction, Semper Holdings Inc. requested a Planned Development Amendment to allow a drive -thru window for Walgreens pharmacy. The drive -thru was proposed to be located on the south side of the store. The request was denied because the drive -thru changes the overall circulation of the Planned Development and does not lend itself to a safe configuration. At that time the Council suggested a drive -thru located at the back of the building or west side may be more appropriate. !96 CASE: 31- PA- 06 -03 -04 HEARING DATE: April 27, 2004 APPLICATION DATE: March 19, 2004 PREPARED BY: Sheila Cartney Planning Report — Walgreens April 27, 2004 Page 2 EXISTING CONDITIONS The site is currently developed with a Walgreens store. The site is surrounded with retail uses and boarders Cliff Road and Rahncliff Road. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Proposal — Walgreens proposes to have a covered single lane drive -thru facility on the south side of the existing building. According to the submitted plans the drive -thru window is proposed to be covered with a fabric awning. The applicant should provide detailed plans of the canopy for the Planned Development Amendment Agreement. Site Plan - The City Code does not specifically address drive -thru windows for pharmacy's, but does require a six car stacking space for other drive -thru. The proposed drive -thru appears to have stacking space for about two cars (not indicated on the plans). If there were more than two cars at a time in line for the pharmacy drive thru they would stack west of the building in the drive aisle in front of parking spaces. The applicant should address stacking issues with this proposal. Trash Enclosure - Currently the dumpster is located within the proposed drive -thru area. The site plan indicates the dumpster will be relocated to the west of the building in an existing parking stall. The plans do not indicate an enclosure is proposed. In Commercial districts the City Code requires trash enclosures be attached to the principal building and constructed with similar building materials. An attached trash enclosure should be constructed with materials matching the principal building. /97 Existing Use Zoning Land Use Designation North Taco Bell, Movie Theater PD, Planned Development RC, Retail Commercial East Gas station/retail PD, Planned Development RC, Retail Commercial South Retail PD, Planned Development RC, Retail Commercial West Retail PD, Planned Development RC, Retail Commercial Planning Report — Walgreens April 27, 2004 Page 2 EXISTING CONDITIONS The site is currently developed with a Walgreens store. The site is surrounded with retail uses and boarders Cliff Road and Rahncliff Road. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Proposal — Walgreens proposes to have a covered single lane drive -thru facility on the south side of the existing building. According to the submitted plans the drive -thru window is proposed to be covered with a fabric awning. The applicant should provide detailed plans of the canopy for the Planned Development Amendment Agreement. Site Plan - The City Code does not specifically address drive -thru windows for pharmacy's, but does require a six car stacking space for other drive -thru. The proposed drive -thru appears to have stacking space for about two cars (not indicated on the plans). If there were more than two cars at a time in line for the pharmacy drive thru they would stack west of the building in the drive aisle in front of parking spaces. The applicant should address stacking issues with this proposal. Trash Enclosure - Currently the dumpster is located within the proposed drive -thru area. The site plan indicates the dumpster will be relocated to the west of the building in an existing parking stall. The plans do not indicate an enclosure is proposed. In Commercial districts the City Code requires trash enclosures be attached to the principal building and constructed with similar building materials. An attached trash enclosure should be constructed with materials matching the principal building. /97 Planning Report — Walgreens April 27, 2004 Page 3 Access /Circulation — Staff suggests extending the median south of the drive -thru towards the entrance in order to guide traffic to go to the left when exiting the drive -thru. Providing a physical barrier forces traffic to go to the left alleviating some circulation concerns. Landscaping — The proposed drive -thru location results in the removal of some existing landscaping. Staff suggests that the landscaping proposed to be removed be replaced on the site and the proposed painted bump out on the east side of the building be landscaped. SUMMARY /CONCLUSION The applicant is requesting a Planned Development Amendment to allow a drive -thru for the pharmacy. In 1992, a similar request was before the City and was denied based on circulation issues. At that time the City suggested having the drive -thru on the west side of the building. With the proposed construction of a drive thru the garbage dumpster would be located to the west side of the building in an existing parking stall. The dumpster should be within an enclosure that is constructed of materials similar to the principal building. The drive thru appears to have stacking space for two cars, the remaining cars would be lined up in the drive aisle on the west side of the building and in front of parking spaces. The applicant should address stacking issues. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow a drive -thru window for the pharmacy at Walgreens located at 2010 Cliff Road. If approved the following conditions shall apply: 1. The Planned Development Amendment Agreement must be executed and recorded. 2. A trash enclosure shall be constructed with similar materials as the principal building. 3. A detailed awning plan shall be submitted for the Planned Development Amendment Agreement. 4. Landscaping shall replace the painted bump out on the east side of the building. 5. The existing landscaping materials removed for the drive -thru shall be transplanted on site. 6. A revised site plan shall be submitted showing stacking for the drive -thru. /9.8v Brief Description of Project Proposed Drive - Through Addition 2010 Cliff Road, Eagan, MN Walgreen Co. proposes to add a covered single lane drive- through facility for the convenience of Walgreens' pharmacy customers and for the benefit of the community. Walgreens expects the proposed project to be completed in approximately one month or less. The surrounding land uses within 660 feet are predominantly, if not entirely, commercial and retail uses. Brief Discussion of Impact of Project The proposed drive - through addition at this location will have no significant negative impacts, while enabling Walgreens to provide more convenient service to the community. The proposed drive - through addition will not impact the surrounding property or the land uses on the surrounding property, nor will the proposed drive- through have any significant impact on City services. The impact on the subject property will"be minimal. Specifically, some vehicular traffic will flow to the rear of the building for the use of the drive - through pharmacy. However, the proposed drive- through has been designed so that the vehicular traffic going to the rear of the building will not have any negative impact on the efficient flow and circulation of vehicular traffic on the subject property, nor will it have any significant impact on surrounding properties or on the flow of vehicular traffic on City roads. Conversely, the proposed drive - through will significantly improve the use of the subject land, as it will enable Walgreens to provide additional convenience to its customers and better serve the community. /99 Location Map Eagan Boundary Street Centerline i' ~\ ` Parcel Area Building Footprint NINWAI L i 1 Laaa r i � ri � ■ ' uZ ZES Z e I i4 8 7 � 1 E 1 g a i G 4� ��.1f .1 d1 *a l g / ;42UpA EMI rwmalpIt =1® v 14 LIP y �JJJ��S��J°°�JJD 6 Moult = �I:rI � II azkazozlisaiim eacurzszzza ifilablE3 4,0 01-1 HA WI �� *I a® 4 AVA tV 4 t4* 44 QV ®�® �e ®end a . / 1'3A11 WY331 L/ ii tzgl A t? Q2 s �� 5� ® = ®B ®® . , .y IN) cc 'Q 4 y ial r ve Di , /// ,,,, mor . ,..ai ' tr 1 9 E 63 lin P@ aeaaa>. aaaaa� / Ea o - Ate. 0 � �� , E� '' ... v 0,11 IL Nor OFF y e A ri- It • .: li ,.., ... _ i ®® . y. :� ED ,,Apii. I m t l a I c Ts 9 4 A, @ k S Sub'ect Site °1 ��4L1u '' � In . .cam ma r F ENNUI. WW1 WO a o t m ® te e/. r / aiiiia ,., �� a � ` � � ,I I I ., � _CE.... ' � � �� Sri o t � o ®® 0 6 meg t u ! � , h? I 1RJ �� i l a aaiiiir®ti � ] ray► lip V II, /�' \ \ J j� � 00 o 1 ® � F _� � • ' I '� �b 44 VTerl El tt7 wi l Li ®� *. I S k b 3V , )� - 1 1 eEs ® , p� 1000 0 1000 2000 Feet Development/Developer: Walgreens Application: PD Amendment Case No.: 31 -PA- 6 -03 -04 CIt O Ct nn V Community Development Department Map Prepared ng Ell7�ArcVi7!Cv 3. base map data provided by Dakota Cou s current as of January 2004 /' ( 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 not responsible for errors or omissions. N W E S Current Zoning and Comprehensive Guide Plan Land Use Map Walgreens Case No. 31- PA- 06 -03 -04 ao City of Eagan Community Development Department Parcel base map In • . • providedby Dakota County Land Survey Department Jame 2003. Zoning information maintained byCity Staff. 2, THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. W E Zoning Map HD .: t' R-4 - RC ois PD 17:1L PD PD PD co RC I ) Current Land Use Designation: RC Retail Commercial t Current Zoning: PD Planned Development Fr s . RC - � PD � y � P ois _♦ �P V, . PD PD - 4y� 4 11, PD PD ` r4 AIM r -t • A PD 600 0 600 170 Feel zr L."- '' 4. P II1II ,' ;� la . 1111 — PF = In S Am 110, Ir. sir. ,,- i ,,4, 4.., n Iii, W list/Pi cy"' 1415 Current Zoning and Comprehensive Guide Plan Land Use Map Walgreens Case No. 31- PA- 06 -03 -04 ao City of Eagan Community Development Department Parcel base map In • . • providedby Dakota County Land Survey Department Jame 2003. Zoning information maintained byCity Staff. 2, THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. W E Comprehensive Guide Plan Land Use Map HD 11"..11r R C I RC ois 17:1L 1 co RC ) Current Land Use Designation: RC Retail Commercial QP Fr s . RC �o• OIS 4' ois � y � P ois _♦ �P V, � 1 I I I ` r4 AIM wirr 600 0 600 1200 Ft im 4. P II1II ,' ;� , , yO ,f ` = Current Zoning and Comprehensive Guide Plan Land Use Map Walgreens Case No. 31- PA- 06 -03 -04 ao City of Eagan Community Development Department Parcel base map In • . • providedby Dakota County Land Survey Department Jame 2003. Zoning information maintained byCity Staff. 2, THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. W E 0 z -w zw el < s h -e.T .T.wPY .P0 .,05:1,N. w a• *. . w , r i.�w y Ts. Tmos W* 4 w .woo 1 4 4 d IIII! 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R N 1 U 6..6.40. 1■0 ■❑ ii 000• IIE I IN I VII l mom ml _. 1.1 .•■ I aim i a In a 1 In Ffil I■ I AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER MAY 4, 2004 1 a o 6 L CALL TO ORDER p II. ADOPT AGENDA ( III. APPROVE MINUTES IV. OLD BUSINESS V. NEW BUSINESS P ato A. Public Hearing for the Consideration of the Amended and Restated Development Agreement between the City and Grand Oaks LLC for the Redevelopment of Property for the Grand Oaks V Office Park and to Consider the Sale of Property to Grand Oaks LLC for that Purpose ,O B. Resolution Approving Business Relocation Agreement for Minnesota Waterproofing to Facilitate the Redevelopment of Property in Northeast Eagan Redevelopment TIF District #2 -4 f a t ( t VI. OTHER BUSINESS p ail VII. ADJOURNMENT 0205 Agenda Information Memo Eagan Economic Development Authority Meeting May 4, 2004 I. CALL TO ORDER ACTION TO BE CONSIDERED: To recess the regular City Council meeting and convene a meeting of the Economic Development Authority. II. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the agenda as presented or modified. III. APPROVE MINUTES ACTION TO BE CONSIDERED: To adopt a resolution approving the minutes of the April 7, 2004 EDA meeting as presented or modified. ATTACHMENTS: • Enclosed on pago207 a is a copy of the minutes of the April 7, 2004 EDA meeting. • Enclosed on page is a copy of the resolution approving the minutes of the April 7, 2004 EDA meeting. ao6 MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota April 7, 2004 A meeting of the Eagan Economic Development Authority was held on Wednesday, April 7, 2004 at the Eagan Municipal Center. Present were President Geagan and Commissioners Fields, Tilley and Maguire. Commissioner Carlson was out of town. Also present were Executive Director Tom Hedges, City Planner Mike Ridley, Director of Public Works Tom Colbert, Community Development Director Jon Hohenstein, City Attorney Mike Dougherty, Administrative Secretary / Deputy Clerk McGarvey. ADOPT AGENDA Commissioner Maguire moved, Commissioner Tilley seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 APPROVE MINUTES Commissioner Tilley moved, Commissioner Maguire seconded a motion to adopt a resolution approving the minutes of the March 1, 2004 EDA meeting as presented. Aye: 4 Nay: 0 NEW BUSINESS RESOLUTION APPROVING PURCHASE AGREEMENT FOR CITY ACQUISITION OF PROPERTY FOR REDEVELOPMENT Community Development Director Hohenstein made a brief presentation. Commissioner Tilley moved, Commissioner Fields seconded a motion to adopt a resolution approving the purchase agreement and related agreements for City acquisition of the Jim Cooper Goodyear property at 3999 Cedarvale Drive in the Cedar Grove Redevelopment District for redevelopment purposes. Aye: 4 Nay: 0 REQUEST FOR PROPOSALS FOR CEDAR GROVE REDEVELOPMENT DISTRICT MASTER DEVELOPER AND AUTHORIZATION FOR DISTRIBUTION Community Development Director Hohenstein made a brief presentation. Commissioner Maguire moved, Commissioner Fields seconded a motion to continue consideration of the Request for Proposals for the Cedar Grove Redevelopment District Master Developer. Aye: 4 Nay: 0 SCHEDULE PUBLIC HEARING FOR THE CONSIDERATION OF THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT AND TO CONSIDER THE SALE OF PROPERTY FOR THE DEVELOPMENT OF GRAND OAKS V OFFICE PARK Community Development Director Hohenstein made a brief presentation. Commissioner Tilley moved, Commissioner Fields seconded a motion to schedule a Public Hearing for the consideration of the Amended and Restated Development Agreement between the City and Grand Oaks LLC for the redevelopment of property for the Grand Oaks V Office Park and to consider the sale of property to Grand Oaks LLC for that purpose on May 4, 2004. Aye: 4 Nay: 0 ao ADJOURNMENT Commissioner Fields moved, Commissioner Tilley seconded a motion to adjourn the meeting at 7:30 p.m. Aye:4 Nay: 0 Date Executive Director If you need these minutes in an alternative form such as large print, Braille, audio tape, etc, please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681 -4600 (TDD phone: (612) 454- 8535. The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the minutes of the April 7, 2004 regular meeting of the Eagan Economic Development Authority. Motion by: Second by: Those in Favor: Those Against: EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING THE MINUTES OF THE APRIL 7, 2004 REGULAR MEETING CERTIFICATION I, Jon Hohenstein, Secretary /Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 4`" day of May, 2004. Jon Hohenstein, Secretary/Deputy Executive Director a Agenda Information Memo May 4, 2004 Eagan Economic Development Authority Meeting IV. NEW BUSINESS A. RESOLUTION APPROVING AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY AND GRAND OAKS LLC FOR THE REDEVELOPMENT OF PROPERTY FOR THE GRAND OAKS V OFFICE PARK AND TO CONSIDER THE SALE OF PROPERTY TO GRAND OAKS LLC FOR THAT PURPOSE ACTION TO BE CONSIDERED: To continue consideration of a Resolution Approving The Amended and Restated Development Agreement between the City and Grand Oaks LLC for the Redevelopment of Property for the Grand Oaks V Office Park and a Resolution to Approve the Sale of the Former Imre Property at 2805 and 2809 Dodd Road to Grand Oaks LLC for that Purpose to the May 18, 2004 EDA Meeting. FACTS: • The City of Eagan and the Eagan Economic Development Authority previously approved a development agreement with Interstate Partners for the acquisition and resale of property located at the intersection of TH 149 and TH 55 for redevelopment purposes. Under that agreement, the City and the EDA agreed to assist with the acquisition of certain properties, including a portion of the property located at 2805 and 2809 Dodd Road and to provide tax increment financing assistance to Interstate to facilitate redevelopment activities. • Subsequently it was determined that the acquisition all of the property at that address would permit the ultimate redevelopment of that entire corner of the intersection and the EDA and City Council previously authorized the purchase of that portion of the property as well. • At this time, the City has acquired the property noted and the developer, acting as Grand Oaks CR LLC has submitted a revised proforma for review by the City and its consultants. The developer has requested an amendment of the Tax Increment Financing Development Agreement and the sale of the property. • The City's Redevelopment Consultant, Ehler's and Associates, has performed a review of the proforma and, on that basis, staff and the City's Bond Counsel are finalizing a draft of an amended and restated development agreement to address the revised financials and the overall redevelopment. Several details remain to be resolved before presenting the item for Council approval and, with the development applications in process at the present time, the project would not be delayed by a continuance of this item to the next EDA meeting. aio Agenda Information Memo May 4, 2004 Eagan Economic Development Agreement IV. NEW BUSINESS B. RESOLUTION TO APPROVE THE RELOCATION AGREEMENT BETWEEN THE CITY OF EAGAN, EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND WATERPROOFING INC., A MINNESOTA CORPORATION ACTION TO BE CONSIDERED: To approve or deny a Resolution Approving The Relocation Agreement between the City of Eagan, Eagan Economic Development Authority and Waterproofing Inc., a Minnesota Corporation. FACTS: • The City of Eagan has acquired the property located at 2805 and 2809 Dodd Road for redevelopment purposes associated with redevelopment activities in the Northeast Eagan Tax Increment District #2 -4. As a part of those activities, the City staff and the City Attorney have negotiated the relocation of the current tenants of the affected properties. • At the present time, a Relocation Agreement has been negotiated with Waterproofing Inc. that would provide for the business to vacate the property located at 2809 Dodd Road. The relocation of the business will also provide storage space for equipment belonging to TMI Coatings, another tenant of the site whose occupancy agreement extends for a longer period of time. ATTACHMENTS: • City Attorney's memo on page 1 • Copy of Relocation Agreement on pages .2/3 —X1 • Resolution approving the relocation agreement on pages „[/ 1, k aii RE: Waterproofing, Inc. Our File No. 206 -20390 Jon, SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. SUITE 600 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124 -7580 (952) 432-3136 TELEFAX NUMBER (952) 432 -3780 E -MAIL bauerr @seversonsheldon.com TO: Jon Hohenstein, Community Development Director FROM: Robert B. Bauer, City Attorney DATE: April 26, 2004 In connection with the Imre acquisition, the EDA is obligated to provide relocation benefits to the affected tenants. The EDA, through its consultant, Dan Wilson, has reached an agreement with Waterproofing, Inc. concerning appropriate relocation benefits. Under the Agreement, Waterproofing, Inc. will receive a $50,000.00 payment. The sum of $40,000.00 relates to costs incurred for a temporary and permanent move to their new facility. In addition, the EDA will pay a $10,000.00 business re- establishment payment. Mr. Wilson will deliver executed Relocation Agreements to your office, however, attached is a copy of the proposed Agreement. Please place this item for approval by the EDA as well as the City Council. I do not believe a formal resolution is necessary. Action to be considered by the EDA: To approve the Relocation Agreement between EDA and Waterproofing, Inc. and authorize the President and Executive Director to execute the same. Action to be considered by the City Council: To approve the Relocation Agreement between the EDA and Waterproofing, Inc., a Minnesota corporation. a 04/28/2004 13:21 9524484646 RELOCATION AGREEMENT WILSON DEVELOPMENT PAGE 02 COPY THIS AGREEMENT is entered into this 27 day of April, 2004, by and between Eagan Economic Development Authority, a Minnesota municipal corporation ( "EDA "), and Waterproofing, Inc., a Minnesota corporation ( "Waterproofing "). RECITALS: A. Waterproofing is a tenant in a building located at 2807 Dodd Road, in the City of Eagan, County of Dakota, State of Minnesota (the "Subject Property "). B. EDA has acquired the Subject Property and has agreed to provide certain relocation benefits to Waterproofing pursuant to MINN, STAT. § 117.52 and other applicable laws. C. EDA desires to acquire Waterproofing's possessory interest in the Subject Property. D. Waterproofing desires to accept the relocation benefits outlined herein and relocate its business and any other operations occurring at the Subject Property. NOW, THEREFORE, in consideration of the terms and conditions set forth herein, EDA and Waterproofing agree as follows: 1.1 EDA shall pay Waterproofing the following relocation benefits: Moving Expenses. The EDA will pay the sum of $40,000.00 as and for frill and final compensation for temporary and final moving expenses and other eligible relocation expenses. This amount is based on estimates provided by Waterproofing to the EDA's Consultant, Wilson Development Services and shall be paid within 10 days of the EDA's approval of this Agreement; and (b) Reestablishment Expenses. The EDA shall pay to Waterproofing reestablishment expenses in the amount of $10,000.00. This amount shall be paid within 10 days after Waterproofing has vacated the Subject Property. (a) SECTION ONE RELOCATION BENEFITS ai3 04/28/2004 13:21 9524484646 WILSON DEVELOPMENT PAGE 03 SECTION TWO VACATION OF SUBJECT PROPERTY /RELEASE OF LEASE 2.1 Waterproofing shall vacate the Subject Property on or before May 16, 2004. 2.2 Waterproofing hereby relinquishes any interest it may have as a tenant in the Subject Property and agrees to execute any and all documents as may be reasonably required by the City to extinguish its tenancy interest. SECTION THREE RELOCATION OBJIGATION S4TISFIED/WAIVF OF CLAIMS/INDEMNIFICATION 3.1 Waterproofing expressly acknowledges that the obligations of EDA under this Agreement shall fully satisfy EDA's obligation to provide relocation assistance as required under applicable law. Waterproofing expressly waives any other claims against EDA (on Waterproofing's behalf and on behalf of its successors or assigns) for reimbursement or payment of any other item related to vacating the Subject Property and /or relocation to another place of business. 3.2 Waterproofing shall indemnify and hold EDA harmless from and against any claim for relocation benefits by any past or present occupant of the Subject Property. SECTION FOUR MISCELLANEOUS 4.1 The covenants, representations, warranties and indemnifications set forth herein shall survive this transaction of this transaction. 4.2 Waterproofing and EDA represent to each other that no real estate brokers are involved in this transaction and that no real estate commissions are owed as a result of this Agreement. Waterproofing and EDA hereby indemnify each other for any claim, cost, or damage related to any brokerage fee due because of this Agreement. 4.3 Any notice, demand, or request which may be permitted, required or desired to be given in connection herewith shall be in writing and sent by certified mail, hand delivery, overnight mail service such as Federal Express, or Western Union telegram or other form of telegraphic communication, directed to Waterproofing or EDA at the respective address of each. Any notice shall be deemed effective when delivered to the party to whom it is directed. 2 04/28/2004 13:21 9524484646 4.4 Time shall be of the essence in this Agreement. Where any date or time prescribed by this Agreement falls on a Saturday, Sunday or statutory holiday, such date or time shall automatically be extended to the next normal business day. 4,5 Each party hereto shall promptly, on the request of the other party, have acknowledged and delivered to the other party any and all further instruments and assurances reasonably requested or appropriate to evidence or give effect to the provisions of this Agreement. 4.6 This Agreement may not be changed, modified or rescinded, except by a written agreement signed by both parties hereto. 4.7 If any party defaults under any of the terms hereof, the non - defaulting party shall have the right to pursue any remedies available to the non - defaulting party at law or in equity including specific performance, damages (including attorney's fees) and the cancellation of this Agreement. 4.8 If any provision of this Agreement is declared void or unenforceable, such provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect. 4.9 Failure of any party to exercise any right or option arising out of a breach of this Agreement shall not be deemed a waiver of any right or option with respect to any subsequent or different breach, or the continuance of any existing breach. 4.10 This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 4.11 This Agreement shall be construed in accordance with the laws of the State of Minnesota. 4.12 Waterproofing has had the opportunity to be represented by legal counsel in the negotiation of this Agreement and fully understands EDA's obligation to provide relocation assistance. 3 al WILSON DEVELOPMENT PAGE 04 04/28/2004 13:21 9524484646 WILSON DEVELOPMENT PAGE 05 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. STATE OF MINNESOTA ) COUNTY OF DAKOTA ) ss. EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation By: Pat Geagan Its: President By: Thomas L. Hedges Its: Executive Director The foregoing instrument was acknowledged before me this day of , 2004, by Pat Geagan and Thomas L. Hedges, respectively the President and Executive Director of EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public 4 air 04/28/2004 13:21 9524484646 STATE OF MINNESOTA ) COUNTY OF DAKOTA ) / The foregoing instr CA- ata..- , 2004 by 1 i de I behalf of the corporation. ss. Waterproofing, Inc., a Minnesota corporation By: ent was acknowledged before me this .2_7 day of the of Wate c • offing, Inc., a Minnesota corporation, on veg Notary Public MICHELE M. KALTVED NOTARY PUBLIC - MINNESOTA My Commission Wines Jen. 31.2C" 5 ai? WILSON DEVELOPMENT PAGE 06 Its: t'i - BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the Relocation Agreement between the City of Eagan, Eagan Economic Development Authority and Waterproofing Inc., a Minnesota Corporation. Motion by: Second by: Those in Favor: Those Against: EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION TO APPROVE THE RELOCATION AGREEMENT BETWEEN THE CITY OF EAGAN, EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND WATERPROOFING INC., A MINNESOTA CORPORATION CERTIFICATION I, Jon Hohenstein, Secretary /Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 4 day of May, 2004. Jon Hohenstein, Secretary /Deputy Executive Director le Agenda Information Memo Eagan Economic Development Authority Meeting May 4, 2004 VI. OTHER BUSINESS There is no other business to come before the EDA at this time. VII. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Commission meeting and reconvene the City Council meeting. 0 i9 Agenda Information Memo May 4, 2004 Eagan City Council Meeting XII. OTHER BUSINESS A. RESOLUTION APPROVING AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY AND GRAND OAKS LLC FOR THE REDEVELOPMENT OF PROPERTY FOR THE GRAND OAKS V OFFICE PARK AND TO CONSIDER THE SALE OF PROPERTY TO GRAND OAKS LLC FOR THAT PURPOSE ACTION TO BE CONSIDERED: To continue consideration of a Resolution Approving The Amended and Restated Development Agreement between the City and Grand Oaks LLC for the Redevelopment of Property for the Grand Oaks V Office Park and a Resolution to Approve the Sale of the Former Imre Property at 2805 and 2809 Dodd Road to Grand Oaks LLC for that Purpose to the May 18, 2004 EDA Meeting. FACTS: • The City of Eagan and the Eagan Economic Development Authority previously approved a development agreement with Interstate Partners for the acquisition and resale of property located at the intersection of TH 149 and TH 55 for redevelopment purposes. Under that agreement, the City and the EDA agreed to assist with the acquisition of certain properties, including a portion of the property located at 2805 and 2809 Dodd Road and to provide tax increment financing assistance to Interstate to facilitate redevelopment activities. • Subsequently it was determined that the acquisition all of the property at that address would permit the ultimate redevelopment of that entire corner of the intersection and the EDA and City Council previously authorized the purchase of that portion of the property as well. • At this time, the City has acquired the property noted and the developer, acting as Grand Oaks CR LLC has submitted a revised proforma for review by the City and its consultants. The developer has requested an amendment of the Tax Increment Financing Development Agreement and the sale of the property. • The City's Redevelopment Consultant, Ehler's and Associates, has performed a review of the proforma and, on that basis, staff and the City's Bond Counsel are finalizing a draft of an amended and restated development agreement to address the revised financials and the overall redevelopment. Several details remain to be resolved before presenting the item for Council approval and, with the development applications in process at the present time, the project would not be delayed by a continuance of this item to the next EDA meeting. � ao Agenda Information Memo May 4, 2004 Eagan City Council ACTION TO BE CONSIDERED: XII. OTHER BUSINESS B. RESOLUTION TO APPROVE THE RELOCATION AGREEMENT BETWEEN THE CITY OF EAGAN, EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND WATERPROOFING INC., A MINNESOTA CORPORATION To approve or deny a Resolution Approving The Relocation Agreement between the City of Eagan, Eagan Economic Development Authority and Waterproofing Inc., a Minnesota Corporation. FACTS: • The City of Eagan has acquired the property located at 2805 and 2809 Dodd Road for redevelopment purposes associated with redevelopment activities in the Northeast Eagan Tax Increment District #2 -4. As a part of those activities, the City staff and the City Attorney have negotiated the relocation of the current tenants of the affected properties. • At the present time, a Relocation Agreement has been negotiated with Waterproofing Inc. that would provide for the business to vacate the property located at 2809 Dodd Road. The relocation of the business will also provide storage space for equipment belonging to TMI Coatings, another tenant of the site whose occupancy agreement extends for a longer period of time. ATTACHMENTS: • City Attorney's memo on page • Resolution approving the relocation agreement on pages 42 2.3 aai RE: Waterproofing, Inc. Our File No. 206 -20390 Jon, SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. SUITE 600 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124 -7580 (952) 432-3136 TELEFAX NUMBER (952) 432 -3780 E -MAIL bauerr @seversonsheldon.com TO: Jon Hohenstein, Community Development Director FROM: Robert B. Bauer, City Attorney DATE: April 26, 2004 In connection with the Imre acquisition, the EDA is obligated to provide relocation benefits to the affected tenants. The EDA, through its consultant, Dan Wilson, has reached an agreement with Waterproofing, Inc. concerning appropriate relocation benefits. Under the Agreement, Waterproofing, Inc. will receive a $50,000.00 payment. The sum of $40,000.00 relates to costs incurred for a temporary and permanent move to their new facility. In addition, the EDA will pay a $10,000.00 business re- establishment payment. Mr. Wilson will deliver executed Relocation Agreements to your office, however, attached is a copy of the proposed Agreement. Please place this item for approval by the EDA as well as the City Council. I do not believe a formal resolution is necessary. Action to be considered by the EDA: To approve the Relocation Agreement between EDA and Waterproofing, Inc. and authorize the President and Executive Director to execute the same. Action to be considered by the City Council: To approve the Relocation Agreement between the EDA and Waterproofing, Inc., a Minnesota corporation. a aa CITY OF EAGAN RESOLUTION TO APPROVE THE RELOCATION AGREEMENT BETWEEN THE CITY OF EAGAN, EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND WATERPROOFING INC., A MINNESOTA CORPORATION BE IT RESOLVED by the Eagan City Council to approve the Relocation Agreement between the City of Eagan, Eagan Economic Development Authority and Waterproofing Inc., a Minnesota Corporation. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council in a regular meeting thereof assembled this 4 day of May, 2004. aa3 Maria Petersen, City Clerk