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12/07/1993 - City Council Regular , AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING DECEMBER 7, 1993 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) p III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) IV. 6:55 - CONSENT AGENDA (PINK) P 4. A. PERSONNEL ITEMS P cI B. LICENSES, Plumbers 1,/ C. LICENSE Renewals 1994 1. Refuse Haulers 2. Stables 3. Pet Shops 4. Tobacco Sales - 5. Tree Contractors Q r( D. LICENSE, On-Sale Liquor, New Manager at Chili's, 3625 Pilot Knob Road / /S—E. LICENSE, On-Sale Liquor, New Manager at Lost Spur, 2750 Highway 13 .N, F. AMENDMENT, City Code Chapter 5, Section 5.52, Subd. 11, Liquor License Restrictions and Regulations I - 12 G. APPROVE Wetlands Replacement for Ponds JP-20.1 and LP-32.1 and the Modification of Pond CP-1.1 (Contract 93-15) Fil 18H. CONTRACT 93-15, Approve Plans and Specifications/Authorize Advertisement for Bids (Water Quality Improvements) p, 1 1I. DECLARE Surplus Property/Authorize Distribution of Request for Proposal, Sale of VV Lexington Meadows Subdivision, Located South of Diffley Road, East of Daniel Drive in the NE 1/4 of Sec 26 EXTENSION of Final Plat, Whispering Woods Ninth Addition pri3J K. FINAL PLAT, Wuthering Heights Addition L. FINAL PLAT, Stonebridge Ponds M. FINAL PLAT, Johnston Addition iN. FINAL PLAT, Whispering Woods 8th Addition 0. LETTER of Appreciation/Dakota Electric P_ l P. PROJECT 607, Approve Easement Acquisition of City Owned Property by County (Diffley OP► Road Construction) (10. AMENDMENT, R. L. Johnson Company, to Conditions #2 and #8 of the Conditions of Plat eh Approval for the United Stationers Addition Preliminary Plat S� -R. APPOINTMENT Process, Citizen Representative to Gun Club Lake Watershed Management Organization 0,5( S. APPROVE Extended Hours of Operations, O'Neil Grading Permit I$?T. CONTRACT 91-M, Acknowledge Completion/Authorize City Maintenance (Town Centre 70 - Eleventh Addition) U. CONTRACT 92-HH, Acknowledge Completion/Authorize City Maintenance (Meghan's Addition) P cs V. CONTRACT 93-TT, Acknowledge Completion/Authorize City Maintenance (Murphy Parkway - V Watermain Relocation) SSW. CONTRACT 92-G, Acknowledge Completion/Authorize City Maintenance (Deerwood Ponds r Addition) IV. CONSENT AGENDA (continued) P C X. CONTRACT 93-BP-II, Acknowledge Completion/Authorize City Maintenance (Holiday Inn Express) j Y. CONTRACT 92-AA, Acknowledge Completion/Authorize City Maintenance (Hawthorne Woods Pe West) 5 Z. CONTRACT 92-L, Acknowledge Completion/Authorize City Maintenance (Hawthorne Woods 1st P' Addition) 0.460 Al. CONTRACT 93-04, Approve Change Order #1 (St. Thomas Becket Addition) rbA2. Contract 93-04, Approve Final Payment/Authorize City Maintenance (St. Thomas Becket f Addition) �(Q( A3. RESIGNATION, Burnsville/Eagan Cable Communications Commission Member (04 A4. ADOPT Resolution, Approving Joint Application to Board of Government Innovation and Cooperation .(A A5. AUTHORIZE Sale of 1971 Ford Pumper �� A6. CONTRACT 92-Z, Acknowledge Completion/Authorize City Maintenance (YMCA 1st Addition) r-7cA7. CONTRACT 93-01, Approve Change Order #1 (Maintenance Cold Storage Building) V. 7:00 - PUBLIC HEARINGS (SALMON) 414,72.A. 1994 Budget and 1994 Property Tax Levy V —14B. VACATE Drainage and Utility Easement, Parcel 011-58, Section 24 rVI. OLD BUSINESS (ORCHID) VII. NEW BUSINESS (TAN) l • "S A. 1994 Comprehensive Fee Schedule t��B. CONSIDER Change in Application Deadline, Asmita Patel, Off-Sale Liquor License r CC C. WAIVER of Plat, Duplex Lot Split, Mark Calvin, located at Lot 5, Block 2, Oakwood ( Heights 2nd Addition, 758 & 760 Cougar Drive VIII. BOARD OF APPEALS 91( A. RECONSIDERATION of variance request, Cathy Rauchwarter, of 12' to the 30' minimum setback from public right-of-way on Lot 1, Block 2, Mallard Park 3rd Addition IX. ADDITIONAL ITEMS (GOLD) X. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) XI. ADMINISTRATIVE AGENDA (GREEN) XII. VISITORS TO BE HEARD (for those persons not on agenda) XIII. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. 1 MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 3, 1993 SUBJECT: AGENDA INFORMATION FOR THE DECEMBER 7, 1993 CITY COUNCIL MEETING PT AG DA APPROYL.,,�`MINUTES After approval is given to the December 7, 1993 City Council agenda, the regular meeting minutes for the November 16, 1993 City Council meeting, and special meeting minutes for the November 2 and November 16, 1993 meetings, the following items are in order for consideration. IMPARTMENT HEAD BUS S There are no items under Department Head Business for consideration at this time. I Agenda Information Memo December 7, 1993 City Council Meeting There are thirty-three (33) items on the agenda referred to as consent items requiring 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 Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS: Item 1. Resignation/Construction Analyst--The City has received a letter of resignation from Construction Analyst Joe Merchak. Construction Analyst Merchak is resigning in order to accept the position of Chief Building Official with the City of White Bear Lake. It would be in order for the Council to accept this resignation. The Director of Community Development and Chief Building Official are reviewing the organization of the Community Development Department, in particular the Protective Inspections Division to determine a recommendation for a replacement or a reorganization for this position. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of Construction Analyst Merchak. Item 2. Ratification/Part-time Account Clerk III--In official action at the November 16, 1993 Eagan City Council meeting, the Council approved the hiring of a person as recommended by the Director of Finance VanOverbeke as a part-time Account Clerk III in the Finance Department. It would be appropriate at this time for the Council to ratify the selection of Barbara Hand to that position. ACTION TO BE CONSIDERED ON THIS ITEM: To ratify the selection of Barbara Hand as a part-time Account Clerk III in the Finance Department. Item 3. Retirement/Police Officer—Officer Peter Poppler will be taking a disability retirement, effective January 22, 1994. In his letter to Chief of Police Geagan, Officer Poppler stated, "My family and I would like to take this opportunity to thank the citizens of Eagan, the City Council members and the Chiefs of Police that I have served under for the past 27 years." It would be appropriate at this time for the City to approve the disability retirement for Officer Poppler. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the disability retirement of Police Officer Peter Poppler, effective January 22, 1994. Agenda Information Memo December 7, 1993 City Council Meeting Item 4. Community Service Officer--Earlier this year,Khamtahn Siouthai resigned from his position as a Community Service Officer with the Eagan Police Department. The position has not yet been filled. It is the recommendation of Chief of Police Geagan and City Administrator Hedges that Khamtahn Siouthai be rehired as a Community Service Officer for the City of Eagan to fill his previous position. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Khamtahn Siouthai as a Community Service Officer for the City of Eagan. Item S. Contractual Basketball Scorekeepers—It is the recommendation of Recreation Supervisor Oyanagi that the following persons be contracted with to perform basketball scorekeeper duties during the 1993 - 1994 basketball season: Bruce Berry,Dean Bickett and Lynn Erickson. ACTION TO BE CONSIDERED ON THIS ITEM: To approve contracting with Bruce Berry, Dean Bickett and Lynn Erickson as basketball scorekeepers for the 1993 - 1994 basketball season. Item 6. Seasonal Recreation Leaders--After interviews, it is the recommendation of Recreation Supervisor Oyanagi that the following persons be hired as seasonal recreation leaders. Returning staff members are: Ian Dozier, Mike Geere, Colin Johnson, Dennis Johnson, Shane Johnson, Jerry Koch, Chris Larson, Corey Lunch, Paul Skwira, Bonnita Sollar,Ray Sperl,Brent Tait,Kristi Thompson,and Ross Vrieze. New staff members would be James Bixby, Mike Frederickson,Aaron Godleski, Laura Hampton, Shaun Kugler, Greg Martin, Mike Melville, Kelly Smith, Mark Stickler, and Jeff Wuertz. Additional persons as recommended for hire will be presented at the December 21 City Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Ian Dozier, Mike Geere, Colin Johnson, Dennis Johnson, Shane Johnson, Jerry Koch, Chris Larson, Corey Lunch, Paul Skwira, Bonita Sollar, Ray Sperl, Brent Tait, Kristi Thompson, Ross Vrieze, James Bixby, Mike Frederickson, Aaron Godleski, Laura Hampton, Shaun Kugler, Greg Martin, Mike Melville, Kelly Smith, Mark Stickler,and Jeff Wuertz as seasonal winter recreation leaders. 3 Agenda Information Memo December 7, 1993 City Council Meeting PLUMBERS' LICENSES B. Licenses, Plumbers—The City Code requires that all plumbing contractors operating within the City of Eagan be licensed on at least an annual basis. Those contractors whose applications are in order for consideration at this time are Eide Plumbing, Mark's Plumbing and Wes' Plumbing and Heating. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers' licenses as presented. LICENSE RENEWALS 1994 C. License Renewals 1994-1994 license renewal applications are in the process of being completed and returned by the licensees in the following classifications: Item 1. Refuse Haulers--Enclosed on page S is a list of the companies to be licensed as refuse haulers in the City of Eagan in 1994. ACTION TO BE CONSIDERED ON THIS ITEM: To renew the refuse hauler licenses as listed conditioned upon completion and return of the required material and payment of the appropriate fees. 1904 RUBBISH/REFUSE HAULERS Lk" tismidskulateati 1.Aagard Envi onmentat jomm)645.1388 3291 Terminal Dr,Eagan 55121 2.Action Disposal-BR 455.3834 4325 E.55th St.,K3H 55076 Nttl Disposal-sans company 1 has MA has comm. 3.M-Star Disposal(comm)455.4041 7345E Boyd CUGH 55078 4.Buckingham,Inc. (oomm)8904441 12444 Hwy. 13,Savage 55378 5.City Clean-Up(Rolloh)4544788 2841 Burnside Ave.,Eagan 55121 • 6.Dick's Sanitation(oomm)489.2239 21338 Dodd dvd.,Lakevilb 55044 7.Eagan Bankston/Roadway 454-7152 2400 Dodd Rd.;Mendota Hts,55120 S.Knutson Rubbish Service 423-2204 15120 CMppendab Ave,Rsmt 55088 0.Mendota His Rubbish 4374788 20700 Donnelly Ave E.,Farmington 55024 10.Mike's Disposal/Recycling 450.2833 P.O.Box 839,LIM 55044 11.Northern Disposal(oomm)7883511 2817 Pothony Ln S#312,Mills 55418 12.Kan Oehrlsln Sanitation (oomm)4519.0120 1311 Century Ave,Newport 56065 13.Poor Richard's Inc.(oomm)776.232.3 400 Mitaq St..3t.Paul 55101 14.taialky Waste Control 435.3451 1901 W.144th St.Bnsvl 55337 15.'Mangle Services 4541848 1 . 1381 Lexington Ave.,Mendota 55118 16.Waste Management 800.1100 • 12448 PA Ave.S,Savage 44378 17.Widwood Sanitation (oomm)450`7928 Box 176,Newport 55055 c Agenda Information Memo December 7, 1993 City Council Meeting Item 2. Stable License--There is only one stable license to be renewed in 1994. That is the license of the Diamond T Ranch at 4889 Pilot Knob Road. For your information, the Diamond T has discontinued its Friday night line dancing activity and has no plans to renew its current dance hall license. ACTION TO BE CONSIDERED ON THIS ITEM: To renew the stable license for the Diamond T Ranch conditioned upon completion and return of the required materials and payment of the appropriate fees. Item 3. Pet Shops--Enclosed on page Office a list of the locations to receive 1994 pet shop license renewals.Animal Control Office Gilbertson is currently inspecting the pet shops and will provide a recommendation. ACTION TO BE CONSIDERED ON THIS ITEM: To renew the pet shop licenses for 1994 as listed, conditioned upon completion and return of the required materials,payment of the appropriate fees and recommendation of Animal Control Officer Gilbertson. (: 7 1994 LICENSE RENEWALS PET SHOP Heartland Pets 1960 Cliff Lake Road Eagan, MN 55122 Walmart 1360 Town Centre Dr Eagan, MN 55123 Wet World 3390 Coachman Rd #206 Eagan, MN 55121 Agenda Information Memo December 7, 1993 City Council Meeting Item 4. Tobacco Sales—Enclosed on pages ( through /f is a list of the locations to receive 1994 tobacco sales license renewals. ACTION TO BE CONSIDERED ON THIS ITEM: To renew the tobacco sales licenses for 1994 as listed, conditioned upon completion and return of the required materials and payment of the appropriate fees. CITY OF EAGAN 1994 TOBACCO SALES LICENSE RENEWALS. OF OVER, LIC.# LOCATION VENDOR MACH. COUNTER APPLEBEE'S NEIGHBORHOOD BAR/GRILL APPLE AMERICAN LTD./MN 1335 TOWN CENTRE DR. 4551 W. 107TH ST, #100 EAGAN, MN 55122 OVERLAND PARK, KS 66207 BROOKS SUPERETTE #43 - GATEWAY FOODS, INC. 1 3390 COACHMAN RD #202 5720 SMETANA DR. #300 (935-2060) EAGAN, MN 55122 MINNETONKA, MN 55343 CASPER'S CHEROKEE SIRLOIN ROOM, EAGAN HAROLD F. AWE 1 4625 NICOLS RD. 476 S. SNEWNG AVE #2 EAGAN, MN 55122 ST. PAUL, MN 55105 CEDAR CUFF AMOCO ROBERT SCHLANGEN 1 4600 SLATER RD. 4600 SLATER RD. EAGAN, MN 55122 EAGAN, MN 55122 CEDARVALE LANES D.V.M., INC. 1 3883 BEAU D'RUE DR. 296 NO. PASCAL EAGAN, MN 55122 ST. PAUL, MN 55104 CUB FOODS SUPER VALU STORES, INC. 1 1940 CUFF LAKE RD. 11840 VALLEY VIEW RD. EAGAN, MN 55122 EDEN PRAIRIE, MN 55344 DIAMOND T RANCH JERRY THOMAS 1 4889 PILOT KNOB RD. 4889 PILOT KNOB RD. EAGAN, MN 55122 EAGAN, MN 55122 DUCKWOOD 66 PHILLIPS 66 CO. 1 3575 PILOT KNOB RD. P.O. BOX 199 EAGAN, MN 55122 BARTLESVILLE, OK 74004 EAGAN E-Z STOP CROWN COCO INC. 1 4195 NICOLS RD. 319 ULYSSES ST. NE EAGAN, MN 55122 MINNEAPOUS, MN 55413 EAGAN AMOCO SO. FRANCE LTD, INC. 1 4205 NICOLS RD. 3901 W. 70TH ST. EAGAN, MN 55122 EDINA, MN 55435 FINA SERVE #590 FINA OIL& CHEMICAL CO. 1 4250 LEXINGTON AVE. ATTN: PATRICIA JENSEN # 576-3150 DODD RD. 2020 SILVER BELL RD #23 1 #594- 1286 LONE OAK RD. EAGAN, MN 55122 1 GREAT NORTHERN SPIRITS PERRIER &ASSOC. INC. 1 1960 CUFF LAKE RD. #101 1960 CUFF LAKE RD. #101 EAGAN, MN 55122 EAGAN, MN 55122 HOUDAY STATIONSTORE #232 HOUDAY COMPANIES 1 4594 NICOLS RD. 4567 W. 80TH ST. #247-3615 PILOT KNOB RD. MINNEAPOUS, MN 55437 1 9 1994 TOBACCO SALES LICENSE RENEWALS (cont.) UC.# LOCATION VENDOR MACH. COUNTER J. D LITTLE 00 S AMERICAN AMUSEMENT ARCADES 1 2140 CUFF RD. 850 DECATUR AVE NO. EAGAN, MN 55122 MINNEAPOLIS, MN 55427 KENNY'S UQUOR KENNEY'S ENTERPRISES 1 1444 YANKEE DOODLE RD. 6700 PENN SO. EAGAN, MN 55122 RICHFIELD, MN 55423 LANXANG ORIENTAL GROCERY THANOM KEOHAVONG 1 3904 BEAU D'RUE DR. 1325-79TH AVE N. EAGAN, MN 55122 BROOKLYN PARK, MN 55444 UQUOR SHOPPE GREG WARD 1 4250 LEXINGTON AVE. S. 8705-230TH ST. E. EAGAN, MN 55123 LAKEVILLE, MN 55044 LOST SPUR COUNTRY CLUB HAROLD F. AWE CO., INC. 2 2750 SIBLEY MEMORIAL HWY. 476 S. SNELUNG AVE #2 (698-5591) EAGAN, MN 55121 ST. PAUL, MN 55105 MGM UQUOR WAREHOUSE/SPIRITS OF EAGAN JOHN W. TESLAW 1 4182 PILOT KNOB RD. MGM LIQUOR WAREHOUSE EAGAN, MN 55123 4182 PILOT KNOB RD. EAGAN, MN 55123 PDQ #287 - PDQ FOOD STORES OF MN, INC. 1 1969 SILVER BELL RD. 6600 CITY WEST PKWY #210 #214 -4198 PILOT KNOB RD. EDEN PRAIRIE, MN 55344 1 RAINBOW FOODS GATEWAY FOODS, INC. 1 1276 TOWN CENTRE DR. 1515 EXCELSIOR BLVD. EAGAN, MN 55123 HOPKINS, MN 55343 SINCLAIR RETAIL #22028 SINCLAIR MARKETING COMPANY 1 3946 NICOLS RD. P. 0. BOX 30825 EAGAN, MN 55122 SALT LAKE CITY, UT 84130-0825 SNYDER DRUG STORE #32 SNYDER DRUG STORES, INC. 1 3914 SIBLEY MEMORIAL HWY. 14525 HWY. #7 #61 - 1565 CLIFF RD. MINNETONKA, MN 55345 1 STARKS SALOON GARY STARKS 1 3125 DODD RD. 3125 DODD RD. EAGAN, MN 55121 EAGAN, MN 55121 SUPERAMERICA #4049 SUPERAMERICA GROUP, INC. 1 4200 E. HWY. 13 BIRCH BRU INC., DEB JOHNSON #4182 - 1406 YANKEE DOODLE RD. 1240 W. 98TH ST. 1 #4335 - 1379 TOWN CENTRE DR. BLOOMINGTON, MN 55431 1 #4464 -2250 CLIFF RD. TARGET TARGET STORES 1 2000 CLIFF LAKE RD. 2000 CUFF LAKE RD. EAGAN, MN 55122 EAGAN, MN 55122 lb 1994 TOBACCO SALES LICENSE RENEWALS (cont.) SIC.# LOCATION VENDOR MACH. COUNTER TEXACO SUPERSTORE YOCUM OIL CO. 1 1579 CUFF RD. 2719 STILLWATER RD. EAGAN, MN 55122 ST. PAUL, MN 55119 TOBAK SHACK LARRY SCHONHER 1 3950 SIBLEY MEMORIAL HWY. 1762 TURQUOISE TR. EAGAN, MN 55122 EAGAN, MN 55122 TOM THUMB #166 TOM THUMB FOOD MARKETS, INC. 1 1446 YANKEE DOODLE RD. 110 E. 17TH ST. #259-2125 CUFF RD. HASTINGS, MN 55033 1 #273- 1815 DIFFLEY RD. 1 TOTAL PETROLEUM TOTAL PETROLEUM, INC. 1 4206 NICOLS RD. 999 18TH ST. #2200 EAGAN, MN 55122 DENVER, CO 80201 2000 RAHNCUFF CT. VALLEY LOUNGE D.V.M., INC. 1 3385 SIBLEY MEMORIAL HWY. 296 NO. PASCAL EAGAN, MN 55122 ST. PAUL, MN 55104 WAL-MART #1786 WAL-MART STORES INC. 1 1360 TOWN CENTRE DR. 702 SW 8th ST. EAGAN, MN 55121 BENTONVILLE, AR 72712 WALGREENS WALGREEN CO. 1 1278 TOWN CENTRE DR. 300 WILMOT RD. EAGAN, MN 55123 DEERFIELD, IL 60015 2010 CUFF RD. ATTN: TAX DEPT. 1 YANKEE SQUARE AMOCO WILLSHIR, INC. 1 1424 YANKEE DOODLE RD. 1424 YANKEE DOODLE RD. EAGAN, MN 55121 EAGAN, MN 55121 Agenda Information Memo December 7, 1993 City Council Meeting Item 5. Tree Contractors--Enclosed on page 1_7j is a list of the locations to receive 1994 tobacco sales license renewals. ACTION TO BE CONSIDERED ON THIS ITEM: To renew the tree contractor licenses for 1994 as listed, conditioned upon completion and return of the required materials and payment of the appropriate fees. CITY OF EAGAN 1994 LICENSED TREE CONTRACTORS 1. A. C. Tree 7575 Upper 167th St. W. Lakeville, MN 55044 612-431-1185 2. S & S Tree Specialists 6214 Concord Blvd. E. Inver Grove Hts. , MN 55076 612-451-8907 3. Davey Tree Expert Company 2500 Fernbrook Lane N. Plymouth, MN 55447 612-553.9740 4. The Tree-Stump Co. Robert Hutcheson 13677 Dan Patch Dr. Savage, MN 55378 447-6187 5. Henning & Rohde (comm/contract work) 3259 Terminal Dr. Eagan, MN 55122 454-9511 6. Outdoor Specialities Christopher Rossmann 1535 Cliff Rd. Eagan, MN 55122 454-4500 7. Roggenbuck Tree Service 3967 Westbury Way Eagan, MN 55123 454-9570 8. Huston's Tree Service 13401 Morgan Ave. S. Burnsville, MN 55337 890-4859 9. Sherwood Tree Service 12195 Upper 167th St. Lakeville, MN 55044 898-1988 13 Agenda Information Memo December 7, 1993 City Council Meeting ON-SALE LIQUOR LICENSE/CHILI'S D. License, On-Sale Liquor, New Manager at Chili's, 3625 Pilot Knob Road--Chili's Southwest Bar and Grill has a new manager, Doug McKaig. The City's liquor license requirements include approval of liquor licenses in the name of the manager of the facility. Therefore, it will be necessary for the City Council to approve the on-sale liquor license for Chili's in the name of Doug McKaig. The Police Department is currently in the process of completing its review of this new manager. Approval of the license should be conditioned upon a favorable recommendation by the Eagan Police Department. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a liquor license for Chili's Southwest Bar and Grill in the name of the new manager, Doug McKaig, conditioned upon a favorable recommendation by the Eagan Police Department. Agenda Information Memo December 7, 1993 City Council Meeting ON-SALE LIQUOR LICENSE/LOST SPUR E. License, On-Sale Liquor, New Manager at Lost Spur,2750 Highway 13—Lost Spur has a new manager, Steve Skar. The City's liquor license requirements include approval of liquor licenses in the name of the manager of the facility. Therefore,it will be necessary for the City Council to approve the on-sale liquor license for Lost Spur in the name of Steve Skar. The Police Department is currently in the process of completing its review of this new manager. Approval of the license should be conditioned upon a favorable recommendation by the Eagan Police Department. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a liquor license for Lost Spur in the name of the new manager, Steve Skar, conditioned upon a favorable recommendation by the Eagan Police Department. 1 c Agenda Information Memo December 7, 1993 City Council Meeting AMENDMENT/CITY CODE CHAPTER 5 LIOUOR LICENSE RESTRICTIONS AND REGULATIONS F. Amendment, City Code Chapter 5, Section 5.52, Subd. 11, Liquor License Restrictions and Regulations—At the November 16, 1993 City Council meeting,staff was directed to draft an ordinance amending the City Code which would change the designation from hotels on one (1) of the three (3) available but unissued on-sale liquor licenses. Enclosed on page is a copy of the proposed ordinance amendment. If the amendment is approved, the distribution of licenses will be as follows: Distribution Designation Total, Issued Available Hotels 3 1 2 Restaurants with at least $350,000 building evaluation (excluding leasehold 7 7 0 improvements, equipment or common areas) Other Restaurants 8 7 1 Totals 18 15 2 The amendment as written does not subject the additional available license to a building valuation minimum. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the ordinance amending the City Code regarding the distribution of on-sale liquor licenses. 11.12 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER FIVE ENTITLED "BEER, WINE & LIQUOR LICENSING AND REGULATIONS" BY AMENDING SECTION 5.52, SUBD. 11, REGARDING DISTRIBUTION OF LIQUOR LICENSES AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 5 is hereby amended by changing Section 5.52, subd. 11, to read as follows: Subd. 11. Eighteen (18) on-sale licenses may be authorized as of June 5, 1990. All on-sale licenses shall be for premises situated in a commercial or industrial use district under a conditional use permit. The eighteen (18) licenses shall be distributed as follows: A.--Pour (4) Three (3) license for hotels; B. Seven (7) license for restaurants with at least $350,000.00 building valuation (exclusion of leasehold improvements, equipment or common areas) ; and C. Eight (8) for other restaurants. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation" and Section 5.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: \C1 Agenda Information Memo December 7, 1993 City Council Meeting WETLANDS REPLACEMENT APPROVAL G. Approve Wetlands Replacement for Ponds JP-20.1 and LP-32.1 and the Modification of Pond GP-1.1 (Contract 93-15)—In official action at the November 16, 1993 City Council meeting, the City Council reviewed and approved the preparation of bid documents and specifications for the wetland replacement for Ponds JP-20.1 and LP-32.1 and the modification of Pond GP-1.1. These projects will benefit Bald Lake, Schwanz Lake and Bur Oak Pond, respectively. During the week of November 15, public information meetings were held with property owners adjacent to or affected by the proposed projects to gather public comment prior to finalizing the project designs. While some issues peripheral to the pond improvement projects did arise during the course of the meetings, the pond project proposals themselves were well received by the residents. It is of interest to note that two of the three projects take place exclusively on City-owned land, while the third, which lies on private property, is a situation where the City's plan to deepen the pond to meet water quality management objectives is consistent with neighborhood desires for modification of the pond. The projects affecting Ponds JP-20.1 and LP-32.1 each involve a small amount of wetland fill which is necessary to create stable, submerged berms in order to improve treatment efficiencies for each pond. The Wetland Conservation Act requires that a replacement plan must be approved by the local government unit for actions which result in the filling or draining of over 400 square feet of wetland. Therefore, it would be necessary for the City Council to approve the proposed wetland replacement plans for these two projects. The third involves the modification of Pond GP-1.1 which is a detention basin constructed for storm water holding purposes as part of the Bur Oak Hills development. This project is exempt under the Wetland Conservation Act from regulation. It would be necessary for the City Council to approve the exemption of this project from the Wetland Conservation Act. If any member of the Council wishes to review more detailed information regarding this item or the following related item, a detailed report from Water Quality Coordinator Brasch is available at the City Administrator's office. Please contact Administrative Secretary Finnegan. ACTION TO BE CONSIDERED ON THIS ITEM: To approve wetlands replacement plans for Ponds JP-20.1 and Pond LP-32.1 and exemption for Pond GP-1.1 from the Wetland Conservation Act. CONTRACT 93-15/APPROVE PLANS & SPECS H. Contract 93-15, Approve Plans and Specifications/Authorize Advertisement for Bids (Water Quality Improvements)—The specifications and bid documents for the water quality improvements involving Pond JP-20.1, LP-32.1 and GP-1.1 as described in the previous Consent item have been prepared and are ready to be advertised. The projects will be funded from the expansion-modification portion of the storm water utility budget, which includes developer cash dedications for water quality. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans and specifications for Contract 93-15 (Water Quality Improvements) and authorize advertisement for bids. Agenda Information Memo December 7, 1993 City Council Meeting DECLARE SURPLUS PROPERTY/RFP FOR SALE OF LEXINGTON MEADOWS SUBDIVISION L Declare Surplus Property/Authorize Distribution of Request for Proposal, Sale of Lexington Meadows Subdivision, Located South of Diflley Road, East of Daniel Drive in the Northeast Quarter of Section 26--As part of its acquisition of the Lexington Diffley athletic field site in 1989,the City Council required the above-referenced parcel of property. The property was required to be purchased as a package by HUD. The Council has since determined that a public purpose is not served by this property and as such, the Council directed staff to plat the property and prepare for its sale. Enclosed on pagescjthrough the proposed Request for Proposals for the sale of the property. At the Council's direction, the property is being sold in total as eight platted lots. The RFP includes minimum and general conditions of sale. Based on comparable lot values in the area, it is anticipated that the lots will retail on average for $30,000. The RFP requires that the minimum bid for the property be$216,000,calculated as 90%of the retail value of eight lots at $30,000 apiece. A schedule for distribution of the RFP is outlined in the attachment. The receipt of proposals is scheduled after the holidays to minimize the potential of individuals or firms not submitting a proposal due to holiday plans. It is anticipated that a recommendation for award of sale will come before the City Council at its meeting of January 18, 1994 with a tentative closing date of March 1, 1994. ACTION TO BE CONSIDERED ON THIS ITEM: To declare the Lexington Meadows Subdivision as surplus property and authorize the distribution of the Requests for Proposal for its sale. l9 REQUEST FOR PROPOSALS FOR LEXINGTON MEADOWS SUBDIVISION SURPLUS PUBLIC PROPERTY SALE FOR THE CITY OF EAGAN PROPOSALS DUE: 4:30 P.M., JANUARY 7, 1994 LOCATION: CITY OF EAGAN 3830 PILOT KNOB ROAD EAGAN, MN 55122-1897 c? P TABLE OF CONTENTS I. PURPOSE OF REQUEST II. INSTRUCTIONS TO PROPOSERS III. PROPOSAL CONTENTS IV. PROPERTY DESCRIPTION AND MINIMUM TERMS V. SELECTION VI. TERMS AND CONDITIONS VII. PROPOSAL CONTEXT - GENERAL INFORMATION LEXINGTON MEADOWS SUBDIVISION SURPLUS PUBLIC PROPERTY SALE CITY OF EAGAN I. PURPOSE OF THE REQUEST The City of Eagan is requesting purchase proposals from brokers, developers and/or builders for surplus public property located at the southeast intersection of Diffley Road and Daniel Drive, platted as eight lots, known as Lexington Meadows. Information concerning the City's needs is outlined in the following Request for Proposals. II. INSTRUCTIONS TO PROPOSERS A. All proposals should be sent and all questions and correspondence should be directed to: Jon Hohenstein Assistant to the City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 (612)681-4600 B. All proposals must be received no later than 4:30 p.m., Friday, January 7, 1994. Ten (10) copies of the proposal must be presented. The copies shall be sealed and clearly identified with the project name and submittal deadline. C. In order to be considered a valid proposal, each proposal must meet the following requirements: a. Written proposals are the only valid form. Proposals received after 4:30 p.m., Friday, January 7, 1994, will be returned unopened. Verbal proposals will not be permitted. b. Each proposal must be signed by an officer of your company who can be held accountable for all representations. c. Each proposal must be accompanied by a certified earnest money check in the amount of five percent (5%) of the proposer's bid. D. The proposal shall be limited to a maximum of ten pages,printed on one side. Additional material,other than that requested by the City,will be disregarded. a�- E. The City will review the proposals and review the terms proposed. If differences among proposals prevent direct comparison, interviews may be scheduled for a short list of finalists. Selection of a proposal is expected to occur at the regular City Council meeting on January 18, 1994. F. Schedule for Sale of Lexington Meadows Council Approval of RFP 12/7/93 Publication of RFP 12/9/93 and/or 12/16/93 RFP's available 12/8/93 - 12/22/93 Proposers meeting (2:00 p.m.) 12/20/93 Last date for receipt of proposals (4:30 p.m.) 1/7/94 Interviews for selected proposers (If necessary) 1/15/94 Sale awarded by City Council 1/18/94 Closing 3/1/94 G. Proposers are prohibited from contacting any elected official for purposes of lobbying to secure this purchase. III. PROPOSAL CONTENTS A. Title Page Indicate the proposal title, the name of the proposer or the proposer's firm, local address, telephone number, contact person, and the date. If a combination of parties or firms is proposed, indicate the lead party or firm. B. Table of Contents Include a clear identification of the material by section and by page number. Each section should be tabbed for reference purposes. C. Identification of Purchasers 1. The name of the person that would be responsible for the execution and closing of a purchase agreement with the City together with a description of such person's experience and qualifications. 2 C2-5 2. The names of the other individuals or firms which would be party to this purchase together with descriptions of their experience and qualifications. 3. If a joint venture is proposed, a description of the arrangement and each participant's role must be contained in the proposal. D. Purchaser's Proposed Terms of Agreement for Acquisition of the Lexington Meadows Property 1. The proposal shall address in detail the terms to be incorporated in the purchase agreement between the City and the purchaser. 2. The proposal shall identify a specific time frame for the completion of each element of the purchase agreement as outlined above. E. Total Bid for Property 1. Total cash purchase price 2. Closing costs to be covered by purchaser 3. Closing costs to be covered by City F. List of References 1. A minimum of five references for property development projects including any public references. G. Assurances and Earnest Money 1. Proposer Authority - Assurance that the signator making representations in the proposal on behalf of the proposer has the authority to do so and to bind the proposer to a contract. 2. Earnest money in the form of a certified check in the amount of five percent(5%) of the total proposed purchase price shall accompany the proposal. Checks of proposers not selected shall be returned within five days of the Council selection of a purchaser. If the selected purchaser fails to perform on the contract in the time frame identified in the proposal, the earnest money shall be retained by the City and the selection process will be reopened. 3 IV. PROPERTY DESCRIPTION AND TERMS OF SALE A. General Description of the Property The City of Eagan is requesting proposals from individuals or firms interested in acquiring approximately 3.47 acres of surplus public property located on the southeast side of the intersection of CSAH 30 (Diffley Road) and Daniel Drive in the NE 1/4 or Section 26. The property is zoned R-1 (Single Family) and appears on the City's Comprehensive Guide Plan as D-I (Low Density Residential). It is bordered on the east and south by developed single family residential subdivisions, on the north by school district property including an elementary,middle and high school and on the west by a small undeveloped retail commercial parcel. The property has been platted as the Lexington Meadows Addition, comprising eight (8) single family lots, all of which meet or exceed the City's minimum code requirements. The subdivision lies within walking distance of two community parks and one neighborhood park. This property was acquired by the City from HUD in 1989. It was required to be purchased with a larger parcel to the west that the City obtained for Community Park/Athletic Field purposes. Absent a public purpose for this portion of the property, the City Council has determined that this is surplus property and has directed its disposal at fair market value. Sanitary sewer and water services have been installed on the eastern four lots. The public utility services for the western four lots are scheduled to be installed prior to June 1, 1994. The property is deliverable fully platted and improved. The value of the utility improvements are to be included in the purchase price. All assessments for the property have been paid and it currently has no assessments pending against it. The property has been largely graded in the course of the Daniel Drive road improvement project and the adjacent storm pond project completed with the improvement of Diffley Road. The site has not been final graded to preserve trees and vegetation and to permit custom lot grading. B. Minimum Terms of Sale 1. Price - The City will accept bids above a minimum price of$216,000 for the platted, improved parcel. The minimum price is calculated as ninety percent (90%) of the value of the price of a comparable, average lot ($30,000) multiplied by eight lots. 4 2. Whole Parcel -The property will be sold in total and=as individual lots. 3. Availability - The eastern four lots are available immediately. The western four lots will be available upon completion of sanitary sewer and water services which will be no later than June 1, 1994. The City will retain a temporary right of entry to the western four lots to install the necessary improvements. 4. Property Sold As Is - The property is being sold on a non-contingent basis in "as is" condition. 5. Property Taxes Upon closing, the property will transfer from tax exempt public to taxable private property status. The purchaser shall be responsible for all taxes due and owing upon the property. 6. Grading and Lot Improvements -As with other similar developments, plans for final site grading shall be submitted to and approved by the City prior to construction of individual homes to insure the adequacy of overland drainage of the property and its individual lots. 7. Other Terms and Conditions - Other general terms and conditions of this request and for the sale of property appear in Section VI below. C. Disclaimer-Although the information contained in this Request for Proposal is believed to be reliable, the City makes no guarantees as to its accuracy and offers all properties without expressed or implied warranty of any kind. V. SELECTION A. The City reserves the right to reject any or all proposals, and is not bound to accept the highest bid if the qualifications of the proposer or the terms of the proposal are contrary to the best interests of the City. B. The proposals will be evaluated by a selection team. The team will rank the proposals and provide this information to the City Administrator. C. Selection of the proposal shall be based upon the following criteria: 1. The proposer's bid price for the property. 2. The proposer's designation of responsibilities for closing costs. 3. The proposer's conformance with the minimum terms of sale. 5 C) 4 4. The nature and extent of the proposer's additional terms of sale. 5. The proposer's demonstrated ability to close and develop properties in a timely and effective manner. 6. The proposer's experience in developing similar properties. D. If,for any reason,the proposals submitted cannot be evaluated sufficiently on their face to permit the award of sale, the City reserves the right to schedule interviews with the preferred proposers to review details of the proposals and discuss potential modifications of them in the City's best interests. VI. TERMS AND CONDITIONS A. The City reserves the right to cancel or amend the request for proposals at anytime. The City reserves the right to determine the successful proposal. The City reserves the right to reject any or all proposals. B. The City will not be liable for any costs incurred by the individual or firm in responding to this request. C. Upon submission,all proposals become the property of the City,which retains the right to use any ideas presented in any proposal submitted,whether or not the proposal is accepted. D. A purchase agreement will be executed between the successful proposer and the City. It is anticipated that the purchase agreement will be of a standard form and that the successful individual or firm's proposal and the specifications of this request, including the Terms and Conditions set forth herein, will be incorporated in the agreement. E. The proposer shall pay the City for the property on the basis of the approved bid price and associated costs as set forth in the proposal. F. Prior to closing, the proposer shall not assign any interest in this contract and shall not transfer any interest in the same without the prior written consent of the City. G. If, for any reason, the proposer selected is not able to close on the property on or before March 1, 1994, the City reserves the right to award the sale to the next most qualified proposer. 6 a7 H. for any reason,y n, the firm shall fail to fulfill in timely and proper manner the obligations under the purchase agreement, the City reserves the right to pursue its remedies under Minnesota Statutes including, but not limited to, termination of the agreement. I. No elected official or employee of the City who exercises any responsibilities in the review, approval or carrying out of the proposal or contract shall participate in any decision which affects his or her direct financial interest. VII. PROPOSAL CONTEXT - GENERAL INFORMATION A. City Organization The City of Eagan was incorporated in 1974 as a statutory, plan A city. It has a Council/Administrator form of government. The City provides a full array of municipal services including water, sewer, and street lighting utilities; fire, police and civil defense protection; and general administrative functions. 1. City Council-The Eagan City Council is the final review and approval authority regarding all contracts, payments, plans, improvements, policies, procedures and other business of the City. The City Council, composed of four members and the Mayor, is the legislative and policy malting body of the City. The Mayor, who presides over the City Council meetings, is elected at large for a four year term. The Councilmembers are elected at large for four year terms. NAME TITLE TERM EXPIRES Tom Egan Mayor 12/31/94 Pat Awada Councilmember 12/31/94 Shawn Hunter Councilmember 12/31/96 Sandy Masin Councilmember 12/31/96 Theodore Wachter Councilmember 12/31/94 2. City Administrator - The City Administrator reviews and coordinates all matters coming before the City Council. He is responsible for the implementation of Council direction and the coordination and management of City departments on a daily basis. 3. City Staff - The City Administrator implements Council direction through the department heads of six City departments. They are Police, Fire, Public Works, Finance, Community Development, Parks and Recreation and Administration. 7 a B. Demographic Statistics The City of Eagan is among the fastest growing cities in Minnesota. Its dramatic population growth and the predominance of two income households places a significant demand on City services and facilities. A summary of the City's population growth is outlined in the following table. 1980 U.S. Census 20,700 1985 Special U.S. Census 30,456 1990 U.S. Census 47,409 1993 City Staff Estimate 53,500 Eagan's growth is expected to continue into the future due to its locational amenities and the current environment and pressures for household formation. Conservative estimates place the City's population near 63,500 by the year 2000. As a result of the mobility associated with in-migration, the population is very young with a median age of twenty-eight and two percent of the population over sixty-five in 1990. In anticipation of the growth the City has placed a priority on the adequacy and availability of all City services and facilities. In 1992, 643 single family homes were built in Eagan at an average building permit valuation of $138,086, excluding lot costs. At the same time, the average sold price of single family homes in Eagan was $138,386. C. Economic Overview The City of Eagan is a middle ring suburb which is roughly seventy percent developed. It has approximately 1,500 acres of commercially zoned land and 3,200 acres of industrial land. In excess of 1,000 businesses are located in Eagan. This employment base provides job opportunities to more than 26,000 persons. With an employment force of about 30,000 people, Eagan has a virtually neutral employment ratio. 8 4a9 Appendix A Applicant Assurances The applicant hereby assures and certifies: 1. That the individual signing the assurance form on behalf of the individual, partnership, company or corporation named in the proposal possesses the legal authority to execute the proposed purchase. 2. That earnest money in the form of a certified check in the amount of which is equal to five percent (5%) of the proposed purchase price is attached. OFFICIAL ADDRESS (Name of Firm) (Authorized Signature) (Title) (Date) 9 30 w0ua�o Alla ....i :,ti s . . T l • - - .M)111YU10 l�1J A11rtN1YIl�dJ ••:..i.•• ; • MOp/.111i103OM I ••.•:•••, I =>tYOM 111 J01 sue,' •'i••.•M Nq • a�un. SMOOV3W ip11J!lIx31 ...;....1 ! :..; ........, • • • I of II 4 f I 1 14\\\ I f r 1 % • ti •i • . • �� Ys! -. . bll1J • 'NI. 7R •1+ f-J . i a 4/ • • i ' - : �' , 1 ' , 1 ._ r 1 1; I e / t • I , ; . ilii-. I - - • I • • Nit • I if a.ji.. ..... ....,i/ ,1*, .. ... i aft IC4:4141 T —'>v s r' -1• • 3\ .-. . . :, tatir: lal .4r; Wilir 94 ;6;.:.• 7m .._ IA If..... 41.414t11‘10.4 14.41V. . l'ikat.., . 22 ..:4 . •.,- .' '-• \A•t47.,,,, ,vi r..f. . -.::::-, ,,...-;.-: Obi_ - „:,•., i,„:,:44I•_ ,.,,.i,s:,,.., :‘,...,. .. , 'p• (w• o . ' eibk .::,#.71.14,,;': :,(S•h 'SyN it ` 74:4: ...*•,:4i'..'.-::::,*P.::'''. "; •;;..",.,.......3i. :4;41111/ ;;;,;":4.... .......,,...::,.. • r-'-amid a .g: fl ■ 414 Wm •,,I, ‘, z . iiiih: , .ri„.....,T r :',_ r ..t J ^f. I•tal t x b �.1. *• . ' i':- 1\ 4F%' . .�fi : t C -..'' ms ; L V 'F"¢ s" i b /-" :,i ': I " 1 l . • .,je;. :«i Y•,, , 1 tar 11 s JK0< •4'af''.4i.'S..,. +*•; .�� AA""•aq,. �s• XT G ^•j LAND USE MAP I 3 Agenda Information Memo December 7, 1993 City Council Meeting FINAL PLAT EXTENSION/WHISPERING WOODS NINTH ADDITION J. Extension of Final Plat, Whispering Woods Ninth Addition—Scott G. Hilla of Hilla Development has requested an extension of final plat approval for the Whispering Woods Ninth Addition in or er to make changes necessary for filing. The applicant's request is enclosed on page ACTION TO BE CONSIDERED ON THIS ITEM: To approve an extension for 60 days for the final plat approval for Whispering Woods Ninth Addition. 33 H • • • O I III E • 14406 JUDICIAL ROAD OURNSVILLE,MINNESOTA 66017 Mt 6104470 PAX 4/644666 Developer Of COUNTRY VIEW ESTATES COUNTRY WOOD ESTATES WOODS ESTATES LEISURE ESTATES • WHISPERING WOODS November 29, 1993 CITY OF EAGAN Municipal Center 3830 Pilot Knob Road Eagan, MN. 55122-1897 Attn: Mr. Jim Sturm, City Planner RE: WHISPERING WOODS NINTH ADDITION Dear Jim: The County Surveyor requested changes to be made in the legal description of the NINTH ADDITION. As the surveyor did not inform the parties involved what was wrong, it may have sat on his desk for more weeks than we realized. We are very sorry to have to request a second extension to the first meeting in January of 1994; although we hope that we can get this through the County Surveyor by December 21st with hardshells and all neccessary papers for your signature. If you have any questions, please feel free to call me at 435-7787. Thanking you in advance. Sincerely, /Z& Scott G. Hilla HILLA DEVELOPMENT SGH/bja Agenda Information Memo December 7, 1993 City Council Meeting FINAL PLAT/WUTHERING HEIGHTS ADDITION K. Final Plat, Wuthering Heights Addition—Final plat documents are in the process of being finalized by the applicant and City staff. If they are completed and executed in time for Tuesday's meeting, this item will be in order for consideration by the City Council. If not, staff will recommend that it be continued at the time of agenda approval. For a copy of the final plat as it appears for recording at Dakota County, please refer to page.. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a final plat for Wuthering Heights Addition as presented. 3 11. 1 ' i Ij! hiLi' jli J ' 0a Ill H a � Ia!!. � , ii1 i I k ,al t 4 P' 1 I 111111111 } iii;! 1I i 1 1i 1� ! t li � i LU E1111 1 ;d 1, 1 I llif e ; � t � ; I; i! Ijij 1x 1 Rill l 1 , , ii . i' !Iii%11 1 I LI 1 I 111 Hill. it I;1a;1 x ill i • ; 11 , 11 o l J; 11 x ii ,E, 1 iiIihthlli !a, jI f!i 1ilI 1i 1I iiIi 1: I •t tI . • Q '' i 11 • 111 ii1 Q . 11 11 i ;1 I IS H .2 i 1 II; i ` X l 'i I ea± aj !' w I , 1'! 1f 'I x- 111• I ! j! I1 I 1!1 !1 Ill g14', - . = •. , t I + X0018 - 1-' , I • 14 - �1 : a ! I' J I• . 1 ----s' __ C.'� __.�t _ I # a • 11 1 1.1 ! •r • ' 1 ! --.0 4 `1"' i . t I ........1 • 3 (40 Agenda Information Memo December 7, 1993 City Council Meeting FINAL PLAT/STONEBRIDG _PONDS, L. Final Plat,Stonebridge Ponds—Final plat documents are in the process of being finalized by the applicant and City staff. If they are completed and executed in time for Tuesday's meeting, this item will be in order for consideration by the City Council. If not, staff will recommend that it be continued at the time of agenda approval. Fora py of the final plat as it appears for recording at Dakota County, please refer to page ACTION TO BE CONSIDERED ON THIS ITEM: To approve a final plat for Stonebridge Ponds as presented. 3� Agenda Information Memo December 7, 1993 City Council Meeting FINAL PLAT/JOHNSTON ADDITION M. 'Final Plat, Johnston Addition--Final plat documents are in the process of being finalized by the applicant and City staff. If they are completed and executed in time for Tuesday's meeting, this item will be in order for consideration by the City Council. If not, staff will recommend that it be continued at the time of agenda approval. For copy of the final plat as it appears for recording at Dakota County, please refer to page. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a final plat for Johnston Addition as presented. (3 Y • 0 t- ▪ a • i i 1 •., I ri11i1 it pasi + • i 1 . ;i i t ►▪ °� I �`�=�tjjjl ijr tt' tIlt; j it 1 "V I • 71 ph Ifif Iiill j III I !I I ij1o # 1ø 'ib'i '1j'1IiØJ a101 1 I, 3 1 + I I i. I i1 •a i 11:•ii t itt , •I- : 1 liii •i I. • 3°111 11 i I II NI ai I i , `` ; f .�f 1 =i I _"•''v is t ;11Ef11;41,10113 LI i;l I ; i' I. i J I_ 1 � i . I11. .1 ' I 1 I , a 1 ,i e I g I/ yii it! . i jl==rli 1! I = 1 I lig;!t I 1 S , i i • I =••*" 2 s t (t!.}:# .•a; �11, , 11 t ( II 1.i 11 1 el i li t 11 11 .ira f t 1 1urI1.IJ,ilifii11 It % i i r j ± } J l eie1= 1 .1 i11 . 8 I I It r.0 u..r•. �,r,vi 7F.s..i =i I. ,3 9 � +�!!•�it,lip s;MI w w•.x tru�son ash••' s, h—T � • sQ W s../ r _ � I ` ;Lii Q / /z a p =w l/ ZS . t 1 Q N lit= 1 • 1 6 o �s s 1. .etie�'_4 . ' 4. i CI c ... !VJ r , v t . a f : Z - p / 4, ..• k)*p� 1 ` 1 K r 1 � i 'V. \ .s 4. V. ' ��n . A-v1 C7 ' Od`{ Z, .1. I . �e,�,. ... rt-‘ _e-0 . 1 ___14..r.rs...._...A......_......,..4 4,.... ..;4. 1 4.,D � / ' Agenda Information Memo December 7, 1993 City Council Meeting FINAL PLAT/WHISPERING WOODS 8TH ADDITION N. Final Plat,Whispering Woods 8th Addition--Final plat documents are in the process of being finalized by the applicant and City staff. If they are completed and executed in time for Tuesday's meeting, this item will be in order for consideration by the City Council. If not, staff will recommend that it be continued at the time of agenda approval. For a opy of the final plat as it appears for recording at Dakota County, please refer to page ACTION TO BE CONSIDERED ON THIS ITEM: To approve a final plat for Whispering Woods 8th Addition as presented. C it jai . q ) I' II i ii i i 1 or 1 . , lit pi a! Ai 14;11 1 II 1 1 II '1) h 1 if i) ii if; 1 di of if I 'Mill i II ii l) 11 li II Z an id 1:i 1 il Val 11 1 ii .! II ii 0 1 .11 11 H (;) N f lil II , ii 'HI 1 ,,.. it ). . a h i I & i t If Lj' II 1 111'171 1111111 II TI Ij i 11) a Iii 111 'l - • 1 t11'1i •+ ' s1 ,i ; 1�.If a 'I Im1 rk 1 aD �I10 .0 1 t ittl M Ili: till 1 I i 2_ ti /! (9 ! O a I zi/ fill i ILI h/,� 1 1 * �l Ili W �vr 'fit r .i . Ito -----`-1 I Q - - - , //I '' • -Z', c X o LU la ; 't p/ co .1. a A 1, 111. r} z , tt }!''� - - r., ... . .::, f1301 * ,• 4' I t■ M k IlAlit ,1 \ I :IZ4 AA i a F- A % o ss 0 sfr I d . di , e.. __: :I.1 O f _ ........... I3 t • e •• • O M 1-4a Agenda Information Memo December 7, 1993 City Council Meeting LETTER OF APPRECIATION/DAKOTA ELECTRIC O. Letter of Appreciation/Dakota Electric—Enclosed on page is a copy of a letter of appreciation to Eldon Johsnon, the General Manager of Dakota Electric Association, thanking him, Engineering Supervisor Dirk Roddy and the Dakota Electric Association for agreeing to bury the power lines on County Road 30 by the Caponi Art Park. The City is very appreciative of this action because of the increased visual attraction to the Art Park. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the letter of appreciation to Dakota Electric Association as presented. city of ocigcin THOMAS EGAN Mayor December 2, 1993 PATRICIA AWADA SHAWN HUNTER SANDRA A.MASIN THEODORE WACHTER Council Members Mr. Eldon Johnson THOMAS HEDGES General Manager City Administrator Dakota Electric Association • 4300 220th Street West city Clerk OERBEKE Farmington, MN 55024 Dear Mr.Johnson: On behalf of the Eagan City Council, I wish to take this opportunity to thank you, Engineering Supervisor Dirk Roddy and Dakota Electric for agreeing to bury the power lines on County Road 30 by the Caponi Art Park. I am sure you are aware, the Eagan City Council has been very supportive of the efforts of Mr. Caponi to create the Caponi Art Park. The decision by Dakota Electric to bury the power lines will help to maintain the visual attraction of this soon-to-be regional facility. Caponi Art Park, the City and the Community will all benefit from your decision. Again, thank you for your willingness to consider and to bury these power lines. On behalf of the Eagan City Council, Tom Egan Mayor KV:TE/llc MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY 3830 PILOT KNOB ROAD 3501 COACHMAN POINT THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY EAGAN•MINNESOTA 55122.1897 EAGAN,MINNESOTA 55122 PHONE:(612)681-4600 PHONE:(612)681-4300 FAX:(612)681-4612 Equal OpportunIty/Afflrmative Action Employer FAX:(612)681-4360 TDD:(612)454-8535 TDD:(612)454-8535 Agenda Information Memo December 7, 1993, City Council Meeting APPROVE EASEMENT ACQUISITION P. Project 607, Approve Easement Acquisition of City Owned Property by County (Diff ley Road Construction)--Within the construction limits of the above referenced project, the City owns property from which additional easements and rights-of-way had to be acquired to accommodate the proposed improvement. The City's Public Works and Finance Departments researched the acquisition history of these parcels and requested acquisition reimbursement from Dakota County. The County staff has concurred with our valuation calculations and will reimburse the City in the amount of$36,669.96 for the five different parcels affected subject to the City's formal approval of this negotiated acquisition price. This process has also involved the Director of Parks and Recreation due to the fact that four of the five parcels are under the jurisdiction of the Parks Department for a future major athletic complex development. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the acquisition of easements and rights-of-way on City owned property by Dakota County as necessary for the Diffley Road reconstruction under Project 607 and authorize the Mayor and City Clerk to execute all related documents. Agenda Information Memo December 7, 1993 City Council Meeting AMENDMENT/ILL JOHNSON COMPANY/PRELIMINARY PLAT Q. Amendment,R.L.Johnson Company to Conditions#2 and#8 of the Conditions of Plat Approval for the United Stationers Addition Preliminary Plat--R.L Johnson Company, on behalf of the United Stationers Supply, has requested an amendment to conditions #2 and #8 of the approved preliminary plat of the United Stationers Addition. The staff report on this request is attached on pages L/ 7 through .. The applicant has agreed to the revised conditions suggested by staff ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an amendment to the preliminary plat conditions of approval for United Stationers Addition as suggested in the staff report. L( `e +th� 1 1�CNC x 4,041 MEMO city of eagan TO: PEGGY REICHERT, DIRECTOR OF COMMUNITY DEVELOPMENT FROM: MIKE RIDLEY, PROJECT PLANNER DATE: DECEMBER 2, 1993 SUBJECT: UNITED STATIONERS ADDITION PROPOSAL: R.L. Johnson Companies, on behalf of United Stationers Supply, has requested an amendment to Conditions 2 and 8 of the approved Preliminary Plat for the above-referenced project. Condition #2: 'The garage on-site shall be removed and the shed located along Alexander Road shall be relocated prior to Final Plat approval." United Stationers Supply will not have ownership of the property until the Final Plat is recorded at Dakota County. United Stationers Supply is agreeable to a compromise whereby the structures will be removed within 120 days of Final Plat approval or prior to the City issuing any building permits for this property, whichever comes first. Condition #8: "Meadowview Road is required to be upgraded in accordance with City Code requirements." Meadowview Road is an unimproved public street. Staff places conditions requiring upgrades of streets as a condition of plat approval whenever a plat abuts an unimproved street. Because this platting process involves only a land transfer, (although future expansion of the existing building is likely), United Stationers Supply would like the City Council to waive this condition. An alternative to requiring the street upgrade with platting would be for United Stationers Supply to execute a document in a recordable format which would waive the property owner's right to object to future costs associated with the upgrade of Meadowview Road. ACTION TO BE CONSIDERED: To approve/deny an amendment to two Preliminary Plat conditions of approval for United Stationers Addition: 2. The garage and shed on-site must be removed within 120 days of Final Plat approval or prior to the City issuing any building permits for this property, whichever comes first. 8. The removal of this condition subject to United Stationers Supply executing a recordable document, waiving their right to object to future assessments associated with the upgrade of Meadowview Road. 444 Project Planner MR/js rJ R.L.JOHNSON PRINCIPALS IN AL ESTATE CUM PAN RESINCE 1963 DEVELOPMENT CONSTRUCTION LEASING MANAGEMENT November 15, 1993 RECEIVED NOY 1 7 1993 City of Eagan 3830 Pilot Knob Road ............... Eagan, MN 55122-1897 RE: UNITED STATIONERS ADDITION Dear Mayor Egan & Council Members: R. L. Johnson Company respectfully requests that conditions 82 and #8 of the preliminary plat approval be opened for reconsideration at the earliest available council meeting. Condition #2 addresses the removal of a garage and shed front the site. This has always been United Stationers intent. Their ownership of the property is contingent upon the final plat being filed at the county so that the closing may occur. Therefore,it would be prudent to proceed with this after the fmal plat rather than prior to the final plat. To satisfy the council that this condition will be met, we would agree to place in escrow to the City of Eagan the cost of this demolition work. Condition#8 requiring Meadowview Road to be upgraded seems to be a peripheral issue best addressed outside this planing process. The central function of this plat is a lot consolidation and a subsequent land purchase in order to allow for future development in compliance with zoning density. R. L. Johnson Company and United Stationers Supply recognize that in the future Meadowview Road may be scheduled for improvements and necessary assessments would be levied. We look forward to hearing from you regarding this matter. Sinc sly; • Charles E. Youngqulist, Jr. Dir. of Design tit 701 DECATUR AV.N. SUITE 11107 TEL MN. TELL 11112.S41.19- 2 59323 "�`\ FAX 612.593,23 EAGAN CITY COUNCIL MINUTES SEPTEMBER 21, 1993 EZBIBIT B 1. These standard conditions of plat approval as adopted by Conseil action on February 2,1993,shall be complied with: Al,B1,82,B3,B4,CI,C2,C3,D1,E1,F1,01,and Hl 2. The garage on site shall be removed and the shed located along Alexander Road shall be relocated prior to final plat apprord. 3. The final plat shall dedicate 6D' of right-of-way teetered over existing Alexander Road and Meadowview Road. 4. The final plat shall provide a drainage and utility eaIemenl fora future storm sewer line that'MI divert the flow from the existing 4S floe along the north edge of this site to Pond CP.S. S. Detailed grading, drainage and erosion control plans,utility layout plans, and site plans:hall be submitted for further review by City staff and City Conceit before any bu0ding expansion as occur on this site. 6. The drainage from the proposed development is required to be directed to Pond CF-$. ( 7. The development is required to upgrade the existing parking lot to current City Code requirements. fS. Meadowview Road is required to be upgraded in aelordinte with City Code requirements. I 9. Since the property has already been platted,there is no patk dedication requirement. 10.There is no trails dedication requirement with this plat. II.A ash water quality dedication for the site will be required and wn'll be based on the difference in impervious coverage of the site between existing and future conditions. 12.The developer must demonstrate compliance with the Wetland Conservation Act prior to preliminary plat approval. This will include hiring a qualified wetlands consultant to determine the status of the possible wetland to the southwest of the existing building. 13.An easement across the developer's property sufficient to allow re-routing of the storm sewer along Alexander Road to Pond CP-$should be required as a condition of plat. 14. Future expansion plans for United Stationers are to be reviewed and required to meet Tree Preservation Guidelines. • ' / .5- .. / 5. / 1 111. 1.1.. ...1.. ..../ , ,/ 02001 1 % r \ // / i1 y0c Mr1 1 Ln "-x 510 it % \\ 1 1 l / / 1 f l r, , 1 z pit i • , 1 / , 1 1////1S 1 -/ _ \ . - _ 11 1 . 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J„ )7°•.1 a3f � 1 /_ --- •_ ' ^ , ;/ 1, % / ' ,. ic( ir'' <- i4P,,\;!,V e rt I/ . ,- / )-1 ,- -:). --. . 1 y 4,., - -• .glit . _ 1 _437 ,1, , ) iz.v...‘,„ -. 1. st.,4/- ( . , ) / ..., . 9,,, /;,; ads.:....• • '" j1,Ii .' -141/�i lt,�1 `1.1:s, I / ij" 4" q� • V Agenda Information Memo December 7, 1993 City Council Meeting 4_ _ - i_ wu i__' ' a Jt EJI! 1 Js = s- ♦k' • R. Appointment Process,Citizen Representative to Gun Club Lake Watershed Management Organization—The Gun Club Lake Watershed Management Organization is comprised of five members, one each from the Cities of Inver Grove Heights and Mendota Heights and three from the City of Eagan. Previously, the Eagan positions were filled by staff members. Statutes now require that there be at least one citizen representative to the Commission. The two other positions are currently being filled on the WMO by the City's Water Resources Coordinator and Parks Superintendent. Because of the statute requirement, it will be necessary to fill one position with a citizen representative. It is recommended that this position be filled in conjunction with the other advisory appointments which will be made during the month of January by the City Council. Enclosed on paged3throughSC is a copy of a memo from Director of Parks and Recreation Vraa explaining the situation and including a job description and qualifications for a citizen representative to the Gun Club Lake WMO. It is recommended that a three-year term for this position be established. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the job description and qualifications for the citizen representative to the Gun Club Lake Watershed Management Organization and to set a three-year term for the position with a maximum of three consecutive terms. 11#011Ik MEMO — city of eagan DATE: NOVEMBER 30, 1993 TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION SUBJECT: APPOINTMENT PROCESS-CITIZEN REPRESENTATIVE TO GUN CLUB LAKE WATERSHED MANAGEMENT ORGANIZATION ISSUE The issue before the City Council is to approve the appointment process for a citizen representative to the Gun Club Lake Watershed Management Organization BACKGROU N D The Gun Club Lake Watershed Management Organization is comprised of five members. One each from the cities of Inver Grove Heights and Mendota Heights and three from the City of Eagan. Previously, the positions were filled by staff. The Statutes now require that there be at least one citizen representative to this commission (two other positions are currently being filled on the WMO by the City's Water Resources Coordinator and Parks Superintendent). Because of the requirement to fill this position with a citizen representative, it would seem appropriate that we adopt standards for defining this person's terms of office and roles and responsibilities. Attached is a job description and qualifications for this position. Citizen representatives are currently being sought for Advisory Commissions to the City so it would seem logical that this position be filled in a similar manner. In addition, the term of appointment would be three years, similar to other city commission positions with a limit of three appointments. FOR COUNCIL ACTION To approve the job description and qualifications for the citizen representative to the Gun Club Lake Watershed Management Organization and to set a three year term for the position with a maximum of three consecutive terms. KV:cm Attachment S3 • GUN CLUB LAKE WATERSHED MANAGEMENT ORGANIZATION EAGAN CITIZEN REPRESENTATIVE JOB DESCRIPTION AND QUALIFICATIONS packground The Gun Club Lake Watershed Management Organization (GCLWMO) is charged with coordinating water management activities across political boundaries in the Gun Club Lake watershed. The GCLWMO is 34 square miles in area, 90% of which lies within the City of Eagan. The remainder of the watershed is split about evenly between Inver Grove Heights and Mendota Heights. The primary emphasis of WMO activities over the past several years has been the generation of technical information related to stormwater quality and quantity management, promoting water resources education, and helping plan and implement a strategy to protect groundwater in Dakota County. An important project that the GCLWMO will address during the next 12-18 months will be the revision of its watershed management plan. A mission statement that describes the WMO's role in water management is attached. The governing board for the GCLWMO is composed of five members, including one each from the cities of Inver Grove Heights and Mendota Heights, and three from the City of Eagan. The Eagan citizen representative occupies one of the three Eagan posts and is a volunteer position. Eagan's other two positions on the Board are currently filled by the City's Water Resources Coordinator and its Superintendent of Parks. The Board meets 4-6 times per year, usually on the third Tuesday morning of the month, for up to 3 hours. Qualifications Applicants for the Eagan Citizen Representative position on the Board should have the following qualifications: 1. Be a resident of the City of Eagan. 2. Have a willingness and interest to commit both time and effort in preparing for and participating in the meetings. 3. Have an interest in water resources management at the local and regional level. 4. Have an interest in working cooperatively with representatives from other cities to further sound water management practices. TL/ 5. Have an interest in and knowledge of the community of Eagan. 6. A knowledge of some aspects of natural resources management, especially water resources management, is helpful but not required. Responsibilities The responsibilities of the position are as follows: 1. Attend and participate in regular meetings and special meetings. 2. Attend and participate in appointed special committees which may be required to conduct the affairs of the WMO. 3. Make recommendations regarding budgetary matters and projects that should be pursued by the WMO. 4. Identify opportunities to promote better public understanding and acceptance of behavior by watershed residents that protect water resources. Compensation While this is a volunteer position, there are several ways the Citizen Representative will benefit: 1. Gain more insight into water-related environmental issues at the local level. 2. Be a part of an organization that is a recognized leader in the arena of water resources management in the Twin Cities Metropolitan area. 3. Depending on budget status, the WMO generally pays for each of its members to attend one local water management conference every 1-2 years. 5 r MISSION STATEMENT GUN CLUB LASE WATERSHED MANAGEMENT ORGANIZATION It is the mission of the Gun Club Lake Watershed Management Organization (WMO) to enhance the ability of member communities to: - Control the quantity and quality of stormwater runoff in a cost-effective, environmentally soun4 socially acceptable manner - Assist in the development and implementation of ground water protection strategies that have a regional or local benefit - Protect and improve the quality of water resources to enhance their recreational, aesthetic, environmental, and social value. The WMO will pursue fulfillment of this mission by: ▪ Providing a forum to equitably resolve water-related issues whose impacts extend across boundaries of member communities. - Acting to affect water-related public policy issues in which all member communities have an interest. - Informing and educating member community representatives regarding water resource topics that affect their community. - Promoting encouraging and supporting politically, technically and/or financial4P, within budget limitations,special projects pursued by member communities which are consistent with the objectives of the Gun Club Lake Watershed Management Plan. Generating information what will enhance the ability of member communities to manage and protect water resources within their own jurisdiction. SC Agenda Information Memo December 7, 1993 City Council Meeting APPROVE/DENY EXTENDED HOURS OF OPERATION (O'NEIL GRADING PERMIT) S. Approve/Deny Extended Hours of Operation,O'Neil Grading Permit #EX-10.163-- On September 7, the City Council approved the issuance of the above-referenced grading permit to allow approximately 300,000 cubic yards of fill to be placed on the O'Neil property north of Lone Oak Road between I-35E and Lexington Avenue. In addition, the Council also approved a variance to the Code restrictive hours of operations to allow this fill activity to occur between the hours of 4:00 a.m. and midnight. The staff has received several calls once this activity began. The majority of these calls were general inquiries for information with two calls pertaining to the noise itself. Once the scope and duration of the project were explained to these individuals, there have not been any further complaints. Recently, the City has received a request from the developer to change the expanded hours of operations to allow a full double shift which would allow the operation to occur from 7:00 am. to 4:00 a.m. This request is being brought to the City Council for their consideration of granting additional variances to the City Code's hourly restrictions of 7:00 am. to 7:00 p.m. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny an amendment to the expanded hours of operations for Grading Permit EX-10-163 to allow operations to occur from 7:00 am. to 4:00 a.m. ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE T. Contract 91-M,Acknowledge Completion/Authorize City Maintenance(Town Centre 70-11th Addition--Installation of watermain, sanitary sewer and storm sewer facilities along with the construction of storm water basins under the above-referenced development (Wal- Mart) have been completed according to the plans and specifications. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action of accepting these public improvements for perpetual City maintenance subject to the appropriate warranty conditions. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge the completion of Contract 91-M, (Town Centre 70-11th Addition) and authorize City maintenance subject to appropriate warranty conditions of the Development Contract Agreement. Agenda Information Memo December 7, 1993, City Council Meeting ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE U. Contract 92-1111,Acknowledge Completion/Authorize City Maintenance (Meghan's Addition)—Installation of watermain,sanitary sewer and storm sewer facilities along with the construction of pond basins under the above-referenced development have been completed according to the plans and specifications. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action of accepting these public improvements for perpetual City maintenance subject to the appropriate warranty conditions. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge the completion of Contract 92-HH, (Meghan's Addition) and authorize City maintenance subject to appropriate warranty conditions of the Development Contract Agreement. ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE V. Contract 93-TT, Acknowledge Completion/Authorize City Maintenance (Murphy Parkway-Watermain Relocation)--Watermain relocation, Lot 13,Block 1,Blackhawk Ponds under the above-referenced development have been completed according to the plans and specifications. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action of accepting these public improvements for perpetual City maintenance subject to the appropriate warranty conditions. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge the completion of Contract 93-TT, (Murphy Parkway) and authorize City maintenance subject to appropriate warranty conditions of the Development Contract Agreement. ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE W. Contract 92-G, Acknowledge Completion/Authorize City Maintenance (Deerwood Ponds Addition)--Installation of streets and utilities under the above-referenced development have been completed according to the plans and specifications. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action of accepting these public improvements for perpetual City maintenance subject to the appropriate warranty conditions. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge the completion of Contract 92-G, Deerwood Ponds Addition) and authorize City maintenance subject to appropriate warranty conditions of the Development Contract Agreement. s8 Agenda Information Memo December 7, 1993, City Council Meeting ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE X. Contract 93-BP-II,Acknowledge Completion/Authorize City Maintenance (Holiday Inn Express)—Watermain relocation and storm sewer under the above-referenced development have been completed according to the plans and specifications. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action of accepting these public improvements for perpetual City maintenance subject to the appropriate warranty conditions. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge the completion of Contract 93-BP-II, (Holiday Inn Express) and authorize City maintenance subject to appropriate warranty conditions of the Development Contract Agreement. ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE Y. Contract 92-AA,Acknowledge Completion/Authorize City Maintenance (Hawthorne Woods West)--Installation of streets and utilities under the above-referenced development have been completed according to the plans and specifications. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action of accepting these public improvements for perpetual City maintenance subject to the appropriate warranty conditions. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge the completion of Contract 92-AA, (Hawthorne Woods West) and authorize City maintenance subject to appropriate warranty conditions of the Development Contract Agreement. ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE Z. Contract 92-L, Acknowledge Completion/Authorize City Maintenance (Hawthorne Woods 1st Addition)--Installation of streets and utilities under the above-referenced development have been completed according to the plans and specifications. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action of accepting these public improvements for perpetual City maintenance subject to the appropriate warranty conditions. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge the completion of Contract 92-L, Hawthorne Woods 1st Addition) and authorize City maintenance subject to appropriate warranty conditions of the Development Contract Agreement. Agenda Information Memo December 7, 1993, City Council Meeting APPROVE CHANGE ORDER #1 (ST THOMAS BECKET ADDITION) Al. Contract 93-04,Approve Change Order#1 (St.Thomas Becket Addition-Utilities)-- This Change Order provides for compensation to the City's contractor for a change in conditions from the time the project was bid to when construction could occur. This change in condition relates to the installation of a gravel access road and electric power lines by the developer prior to the completion of the installation of utilities under a City contract. This Change Order results in an increase of$2,025 and will be assessed to the developer. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1 to Contract 93-04 (St. Thomas Becket Addition- Utilities) and authorize the Mayor and City Clerk to execute all related documents. APPROVE FINAL PAYMENT/AUTHORIZE CITY MAINTENANCE (ST THOMAS BECKET ADDITION), A2. Contract 93-04, Approve Final Payment/Authorize City Maintenance (St. Thomas Becket Addition - Utilities)--The City has received a request for the second and final payment for the installation of utilities under the above-referenced contract along with a certification from the City's consulting engineering firm that all construction was performed in compliance with the contract's plans and specifications. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the second and final payment in the amount of $5,585.02 for Contract 93-04 (St. Thomas Becket Addition - Utilities) to Brown & Cris, Inc., and accept the improvements for perpetual City maintenance subject to appropriate contractual warranty provisions. (42° Agenda Information Memo December 7, 1993 City Council Meeting CABLE COMMISSION RESIGNATION A3. Resignation,Burnsville agan Cable Communications Commission Member--Enclosed on pages la through is a memo from Cable Coordinator Reardon covering a resignation letter receive of Pat O'Malley, a member and former Chair of the Joint Burnsville/Eagan Cable Communications Commission. Because it is close to the end of Mr. O'Malley's term, staff would recommend that the position not be refilled until the Council's organizational business meeting in January of 1994. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of Patrick O'Malley from the Joint Burnsville/Eagan Cable Communications Commission. CO I EAGAN " 4 J _ mei C. ►, (A COMMUNICATIONS z COMMISSION bft 3830 PILOT KNOB ROAD, EAGAN, MN 55122-1897 m (612)681.4608 • FAX 681-4612 • TDD 454-8535 M E M O R A N D U M TO: ASSISTANT TO THE ADMINISTRATOR HOHENSTEIN FROM: CABLE COORDINATOR REARDON� 4. e DATE: NOVEMBER 30, 19 9 3 //' SUBJECT: COMMISSIONER O'MALLEY'S RESIGNATION Attached is a copy of the resignation letter faxed to my office from Cable- Commissioner Patrick O'Malley. Commissioner O'Malley will be moving to Burnsville on December 10, and will therefore resign from the Commission effective that date. As Commissioner O'Malley's appointment term was to expire on January 31, 1994, and as the City Council is schedule to make their commission appointments commencing for February, the Commission should be able to handle the loss of one Eagan Commission seat during that period. Commissioner O'Malley has served on the Commission for six years, and twice served as the Commission' s chair. (e FROM : Pat O'Ma1ley PEA NO. : 612 452 6356 P01 • # Pat O'Malley 4110 Diamond Drive Eagan, Minnesota 55122 (812) 452-8358 8 November, 1003 Mike Reardon Cable Administrator Citys of Eagan and Burnsville Mike Reardon; Effective December 10th 1092 I will be moving to Burnsville. which means I have to resign my post as Cable Commissioner. I have enjoyed being on the Com iss ion for over a years and Working with you, the city Councils, Mayors. I have been a resident of Eagan for '14 years I have enjoyed that in those years I have been given the opportunity to serve my community. I am oo ing to miss all of you but I will be back! Good Luck! ly Patrick T. O'Malley J I (P 3 R-94% 612 452 6356 11-10-93 01 :09AM-' '#10 Agenda Information Memo December 7, 1993, City Council Meeting ADOPT RESOLUTION A4. Adopt Resolution,Approving Joint Application to Board of Government Innovation and Cooperation--The Dakota County Office of Planning has created a consortium of local governmental units to jointly participate in applying for a grant of $44,000 to develop an environmental educational progr at focuses on stewardship of our local natural resources. Enclosed on page ( is a Resolution authorizing the City of Eagan's participation and approving an application for a "Cooperative Planning" grant. Also enclosed on pages (60 through is the attachment to the application which explains the scope of the proposed program ror which funding is being requested. ACTION TO BE CONSIDERED ON THIS ITEM: To adopt a Resolution approving joint application to the Board of Government Innovation and Cooperation for grant funds and authorize the Mayor and City Clerk to execute said Resolution. �D RESOLUTION # JOINT APPLICATION TO BOARD OF GOVERNMENT INNOVATION AND COOPERATION WHEREAS, the State of Minnesota has made $375,000 available statewide for 'Cooperation Planning" grants; and WHEREAS, Dakota County is applying for a grant of $44,000 to develop an environmental education program that focuses on local natural resources; and WHEREAS, the agencies of Dakota County, Lakeville School District, Burnsville/Savage School District, City of Eagan and the Vermillion River Watershed Management Organization have agreed to be partners in this program; and WHEREAS, each partner is contributing $2,000 of in-kind services in the form of critiques, technical support, and in-class testing of the materials; and WHEREAS, if grant monies are secured, this partnership will make it possible for schools and local government to carry out state requirements for environmental education and environmental protection; and WHEREAS,this program will create opportunities for students to better understand their local natural environment and to explore the issues that can affect it; NOW, THEREFORE BE IT RESOLVED: That the City of Eagan hereby approves the joint application for a "Cooperative Planning" grant. Motion made by: CITY OF EAGAN Seconded by: CITY COUNCIL Those in favor: Those against: By Dated: Attest: CERTIFICATION I, E.J. Van Overbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution as duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this day of December, 1993. (40 • ATTACHMENTS Dakota County Western Services Center Cooperation Planning Grant Application to the Board of Government Innovation and Cooperation 3. The proposed program for which intergovernmental cooperation is being sought is the development of a model land and water resources education sharing program that coordinates local units of government, counties and school districts to achieve education mandates. The program includes a comprehensive water resources education video, supporting curricula, and field trip guides for use by formal and informal educators throughout Dakota County. The program will provide a consistent and complete body of information on local water resources for school groups K-12, post-secondary students, and the public. The material will address various land and water issues specific to the area, and will be a model for other parts of the state. The program will be produced and assessed over a two-year period. This program will become the first in a series for a broader concept, the Great Outdoor School House (G.O.S.H. -see attached), designed to provide educators with needed materials on a variety of environmental issues localized for their ecoregion. With the materials, each ecoregion, with its natural features and related infrastructures, becomes an environmental learning center without need for new buildings and additional personnel. The video, curriculum and field trip guides will include a balanced overview of local land and water issues related to such issues as agriculture, drinking water, waste water, landfills, recycling, home water use, wetlands, rivers and lakes. The material will be designed so that educators can adapt it to their needs, time, and budget. In addition, the program will teach citizens how to become involved in local land and water issues and government processes to help protect these natural resources. Various government agencies and organizations will come together to provide advice and input into the scripts and curricula and will distribute, implement, and assess the program. By sharing resources and expertise, no one entity will become overburdened, but because the program can be used by all to provide a consistent message about protecting water resources, each will have a stake in seeing the program succeed. • All Minnesota counties have identified environmental education as a needed component of their comprehensive local water plans, as included under Minnesota Statue 103B. To address the educational initiatives outlined in its plan, Dakota County is leading the state in developing an organized strategy to implement water resource protection education. At the same time, schools are facing a state mandate to include environmental education in curriculums. However, developing effective 6e CO educational programs can take expertise beyond the resources and traditional functions of most counties and school districts. By combining resources and working cooperatively, the proposed program can reach a large audience at a significantly lower cost than each school and government unit developing environmental education programs independently. The model can then be expanded to other counties where similar environmental education needs can be met. 4. The coordinated water resources curriculum and video project has the following desired outcomes: • Fulfillment of the state mandate for environmental education for local school districts. • Implementation of the educational components of the Dakota County Ground Water Protection Plan and local Watershed Management Organization watershed management plans as included under Minnesota statute 1038. • Creation of a model water resources education sharing program that can be effectively used by other local government units in the state. • Increased awareness, understanding, and involvement by the community with respect to the impacts of land use activities on local water resources. • Demonstration of significant financial savings. For example, the self-teaching and cooperative nature of the curricula will enable teachers and other non- . specifically trained educators to be environmental educators, significantly decreasing staff costs in each of Dakota County's eleven school districts. Similarly, staff needs for environmental education personnel for the County itself will also be reduced. • This effort, the Great Outdoor School House (G.O.S.H.), will show how the entire county can serve as a classroom, reducing the need for an environmental learning center and its associated real estate, building, staffing, and transportation costs. Achievement of the outcomes will be measured as follows: • As part of the program, school children will complete a post-curricular test to evaluate what they have learned. Adults will be given a similar quiz or survey to assess learning and behavior change. • All users of the video and curriculum will report the number of participants. • A working group of representatives from participating governmental organizations will monitor and guide the project during both planning and testing to ensure its relevance to the respective educational initiatives. • Input will be solicited from outside local government units during project planning and testing to ensure that the process and the product are applicable in other similar ecoregions. • The potential for savings through this type of cooperation will be demonstrated by comparing the value of in-kind contributions and real savings to cost estimates for achieving these same educational objectives without this project 2 `j7 V - .. 6. Many of the environmental programs being recommended by the state and by local governments have strong educational components. Although local governments recognize the importance of environmental education and see it as necessary for the implementation of their water plan objectives, they traditionally have not been involved in education, which is primarily a mandate of the schools. Schools have no additional funds to meet the state's environmental education mandate and therefore do not allocate adequate personnel and resources to environmental education. Financial assistance from the state Board of Government Innovation and Cooperation will help to create a model to show how, through cooperation among local government units, objectives under both mandates can be met in a cost-effective manner. • 7. Groups and clients who will be directly impacted by the implementation of this plan include: K-12 and post-secondary educational institutions in Dakota County, citizens, city and township governmental units, Watershed Management Organizations, Dakota County Extension Service, the Soil and Water Conservation District, the Metropolitan Council, the media, and environmental organizations. An advisory group (see list attached) with representation from many of the groups named above will provide input and advice throughout the development of the video and curriculum, will see that the material is distributed and implemented, will provide in-kind services for such, and will review and assess the program after implementation. • 3 ( g Agenda Information Memo December 7, 1993 City Council Meeting AUTHORIZE SALE/1971 FORD PUMPER AS. Authorize Sale of 1971 Ford Pumper—During the summer of 1993, the City accepted delivery and placed in service a new pumper. The new pumper replaced a 1971 Ford Model C 904 cab and chassis pumper truck which was removed from service. Through an ad in the League of Minnesota Cities publication, the pumper was offered for sale, however, no bids were received. The City has subsequently advertised the unit in three (3) additional publications one (1) with primary distribution in Minnesota and two (2) with national distribution. Sealed bids were accepted until 2:00 p.m., December 1, 1993, and subsequently opened. Only two (2) bids were received as follows: Mark Miller $ 1,415 General Safety Equipment Corporation 10,000 It is the staffs recommendation that the vehicle be sold to the high bidder, General Safety Equipment Corporation. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the sale of the 1971 Ford Pumper to General Safety Equipment Corporation for $10,000. (09 Agenda Information Memo December 7, 1993, City Council Meeting ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE A6. Contract 92-Z, Acknowledge Completion/Authorize City Maintenance (YMCA 1st Addition)—The installation of public utilities as necessary to service the YMCA 1st Addition was installed privately by the developer under the terms and conditions of the development contract agreement. This construction has now been completed, inspected by representatives of the Public Works Department and found to be in compliance with the plans, specifications, City Codes and standards. It would be appropriate for the Council to acknowledge the completion of these utilities and authorize perpetual City maintenance subject to appropriate warranty provisions. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge the completion of Contract 92-Z (YMCA 1st Addition - Utilities) and authorize perpetual City maintenance subject to appropriate warranty provisions. APPROVE CHANGE ORDER #3 (MAINTENANCE COLD STORAGE FACILITY), A7. Contract 93-01, Approve Change Order #3 (Maintenance Cold Storage Facility)-- Enclosed on page f1(, is a copy of the Change Order discussing the 4 parts that result in a total DEDUCT of $2,356. After review of the Change Order by the Public Works Director and Superintendent of Streets/Equipment, this Change Order is being presented to the Council with a recommendation for favorable action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #3 to Contract 93-01 (Maintenance Facility Expansion-Cold Storage Building)and authorize the Mayor and City Clerk to execute all related documents. rir3 Change Order OWNER [ A $ AlA Document G701 ARCHITECT[ ] CONTRACTOR [ ] FIELD [ OTHER [ ] PROJECT: CHANGE ORDER NUMBER: 3 (Haws,address) Eagan Maintenance Expansion, Cold DATE:November 9, 1993 Storage Building, Contract #93-01, ARCHITECT'S PROJECT NO: 1631.201 and Project #637 1631.202 TO CONTRACTOR: CONTRACT DATE:NA (name,address) Penn-Co Construution Inc. CONTRACT FOR : General Suite 150 Construction 1301 Corporate Center Drive Eagan, MN 55121 The Contract is changed as follows: The following items complete all work as specified and as negociated with Penn-Co Construction including the resolution/correction of the floor elevation discrepency: 1) Overhead door related: To resolve a field condition at the west o.h. door so that the top panel is fixed in place at the frame (to drop below the joists) and the overhead door, less the fixed panel, is mounted on a low-clearance track. Add $385.00. 2) Embed plates: Welding plates were not included on the concrete panels, but were required at both sides of the precast wall panel jambs for welding the steel angles that support and frame in the metal facsia at the Kalwall panel locations. Add $396.00 3) Kalwall related: It was decided to select a standard color for the Kalwall panels in lieu of the custom color specifed. Credit to the Owner of $122 .00. 4) Fee related: For additional fees and services performed by BRW for engineering, survey and architectural services, the contractor shall credit the Owner $3, 015.00. The net total of the above four items shall be a credit to the Owner of $2,356.00 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES;CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AlA DOCUMENT MAY BE MADE BY USING AlA DOCUMENT D401. *IA DOCUMENT 07111-CHANGE ORDER-1187 EDITION-AlA-COFYEJOHT 1187-THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORE AVENUE.N.M..WASHINGTON. D.C..28104.5312.WARNING:Uslicessed phtscspyis1 sielasss U.S.copyright Mw mg is subject Y Ispl prsssestin.This document was slsctrssic.Uy pedseed seder license ember SN181234 undo ca be wrrs4seed wisdom cie/Yiss wen Sll1/f4. Electronic Document Service G701-1987 1 Agenda Information Memo December 7, 1993 City Council Meeting PUBLIc HEARTN9S 1994 PROPERTY TAX LEVY AND GENERAL FUND BUDGET A. 1994 Budget and 1994 Property Tax Levy--Beginning in 1991, the Minnesota State Legislature mandated the truth-in-taxation process which defines a public hearing and notice process designed to increase public participation in budgeting. The City of Eagan has historically held public hearings to allow public input and has encouraged citizen participation. Again this year, parcel specific notices have been sent to each property owner in the City. The notices show a comparison of property taxes paid in 1993 with those that would be paid in 1994 if all budgets and levies are approved as presented. The notices unfortunately do not cover or explain the numerous other factors which affect the level of taxes. The greatest amount of confusion seems to come from the combined increase in taxes caused by a tax capacity rate change and an increase in the estimated market value of the property. In addition to the parcel specific mailed notices, published notice is also required. Those notices which invite residents to attend the public hearing have been published in the Eagan ThisWeek (11-28-93), Eagan Sun Current (12-1-93) and Dakota County Tribune (12-2-93). The legal requirement is for publication in a newspaper which is circulated throughout the City. The City's final tax levy and final budget cannot be adopted at the truth-in-taxation public hearing or at the continuation hearing (if one is held). They must be adopted at another hearing held on a date subsequent to the truth-in-taxation public hearing or subsequent to the continuation hearing (if one is held). The City's tax capacity rate for the truth-in-taxation notices increased by 8.7% from 20.423 to 22.202. However, all presentation material is based on a 7% increase from 20.423 to 21.853 as a result of City Council direction at the special meeting held on November 16, 1993. In response to the truth-in-taxation notices,staff has received four telephone calls, one short note written on the notice and one letter. The telephone calls have been of a general nature and contained no objections to the level of City taxes. The note said to "quit spending"and the letter expressed displeasure not only with the Eagan tax increase,but with Minnesota taxes in general (transferred from Michigan). Copies will be provided to the City Council with the Administrative packet in case more are received by Monday. Enclosed without page number is a copy of the material which staff has prepared to hand out at the public hearing and to use as a basis for a brief, general presentation to the public. If any City Councilmember has any suggestions for additions or modifications,please notify the City Administrator. The changes will be incorporated before final copies are run and available for distribution to the public. a Agenda Information Memo December 7, 1993 City Council Meeting Also enclosed on pages _Li and is a copy of the Comparative Summary of Revenues and the Comparative Summary of Expenditures for the general fund. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and announce the subsequent hearing to be held at 7:00 p.m. on Wednesday, December 15 or at 7:00 p.m. on Thursday, December 16. or To continue the public hearing announcing that it is continued to 7:00 p.m. Wednesday, December 15, 1993. NOTE: A continuation of the truth-in-taxation public hearing to December 15 requires the subsequent hearing to be held on December 16. tIn O CM Lin Nt co L COr) N p0p co § § § k 0§. § § §I CO CO. O N .- N CO .- Ln W .- m .- C9 ffe H9 Cl) at z 8 8 S S W ffi d� C� c� CC '� `� ccoo • U) 01 Pi 1- CV N. T V crf LL. m Cfl , CV CI O 1 LL } (9 49 J Z g g CV Q 1� CC r Cr) LA Ln Ln IL) W n �- `. I' U) Si 8 °' 8 °� n N- UJ W M C) 0 N CO m N CO) LU) > V O CO C) C N .- C) CO .F- Q ct) = a 0 U N 8 IS) LA CV Cr) N O �0)) CO O co N CO 0 N CO CO C) `' N m 3 o 3 a ti <x O N O t) 0) Ln co O N N N. CC') co , 8 Qr Cfl . O 44 49 m 0 8 cp... u.S s tS 0 a. 1 m 0 m W Lu C V c9 a. Q o 6FD i 2? g ° S ZI. *° 0 co cc LI i 0 `o a v Q i a F- r7 4-, s 94BUDEXP GENERAL FUND COMPARATIVE SUMMARY OF EXPENDITURES Actual , Actual Budget Dept Request Proposed 1991 1992 1993 1994 1994* GENERAL GOVERNMENT 01 Mayor do Council $ 73,465 $ 85,985 $ 80,800 $ 84,100 $ 84,100 02 Administration 423,988 459,822 512,400 543,700 541,350 03 Data Processing 235,131 300,294 332,500 386,600 341,220 05 Finance/City Clerk 695,456 768,692 758,200 838,500 831,300 06 Legal 306,526 337,069 370,000 370,000 370,000 07 Community Development 1,231,025 1,304,281 1,339,100 1,570,750 1,414,030 10 Cable TV . 52.943 64.362 65.400 86.600 84.220 3,018.534 3,320.505 3.458,400 3.880.250 3.666.220 PUBUC SAFETY 11 Police 3,414,904 3,924,380 4,330,700 4,886,700 4,811,480 12 Fire 646,176 664.470 744,100 815.500 811.430 4,081.080 4,588.850 5.074.800 5.702.200 5.622.910 PUBLIC WORKS 21 Public Works Engineering 882,433 729,616 775,500 809,500 804,710 22 Streets&Highways 835,855 736,030 882,900 935,800 927,930 24 Central Svices. Maim 320.317 329,043 381.500 413.000 390.100 1.838,605 1.794.689 2.039,900 2,158,300 2.122.740 PARKS&RECREATION 31 Parks&Recreation 1,451,788 1,551,215 1,716,500 1,873,900 1,844,550 32 Forestry 95.936 10;428 124,000 154.000 177.890 1.547.724 1.653.243 1.840.500 2.027.900 2.022.440 OTHER 41 Contingency 0 0 40.000 0 67.220 0 � 0 40(00 0 67.220, Total General Fd Expenditures $ 10.465.94_3 $ 11.357.287 $ j2 3.600 $ 13.768.650 $ 13.501.530 * Final Capital Outlay allocations have not been determined. Certain individual department totals may change. • Agenda Information Memo December 7, 1993, City Council Meeting VACATION/PARCEL 011-58, SECTION 24 B. Vacation Drainage & Utility Easement (Parcel 011-58, Section 24)--On November 2, the City received a petition from the property owner and developer of the proposed Stonebridge Ponds Addition (northwest corner - Diffley & Dodd Roads) requesting the vacation of the existing drainage, utility and ponding easement for Pond JP-27 located over the westerly portion of the above-referenced unplatted parcel as shown on the sketch and legal description enclosed on page fn . The Council received this petition and scheduled a public hearing to be held on December 7 to formally consider the merits of this request. With the final plat scheduled for Council approval earlier on this agenda, a replacement drainage, utility and ponding easement will be dedicated on the final plat for the Stonebridge Ponds Addition. However,the rededication will incorporate less property than the original utility easement that was previously acquired by the City at a cost of 81e per square foot. It would be appropriate for the City to consider requiring the developer to reimburse the City for the net difference of $4,575.00 (5648 sq ft @ 810/sq. ft.). All notices have been published in the legal newspaper and sent to all potentially affected property owners/or other interested parties informing them of this public hearing. As of this date,the City has not received any objections to the proposed improvement beyond the concerns expressed by the City staff regarding reimbursement for the net loss in easement. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny the vacation of utility, drainage and ponding easement over Parcel 011-58 in Section 24, and, if approved, authorize its certification to Dakota County to be concurrent with the recording of the final plat for the Stonebridge Ponds Addition and further subject to the City's reimbursement in the amount of$4,575.00. LP I ,,yr % ,�,.- t •I -! ..1 1. - ' it)r PP.'' .' iif 1' -4 A.. , . '7 i'Xit ' ' is a, . ,8 .4 .„,„, •M tic,„1 0 , . ,,,,,„,„ .. ,........... _. 2 i 41.•��' -� s,` ��)�•�,f Imo. 474-y . • .i�; i~-jut'1 ; -kiti I �si . 4�It r. � \ , • , ► 1it • ,.M :IA $1. lirt .9 IP* * '"'ftf e:s • i • • IF it a *: I% 4 g; ;•/, 9 I it ; it •it I i . : 1 of • ' r t st• - .., 1 — -1 — i . Alec.. 'K... i� .► 1 , A :::......,::::::::::::::: .............................. _ ... - ::::::::::::::::::-.11.::::::,:',.....,.. Rlj • II\1. �— .,--• r 1 to-e*4eo-ei.-3'!!1 ••:::::•::::::••••:-:•:•:•:::::•▪:•:•.............:•::::::.•.. as-el sea r0S �OF,p PpN P EOSTING EASEMENT TO POFEMIS ▪ :. gay • v he € S'1 �Op. , DOC. 1 967365 '• t ...:::::.:•:**e...v.......* . i • f to gotta tlt.altar san,tua a�r iu Wit rs`• a O. it'll M.as e —-..r�"r..•-+-•� am*.es DIFFLEY ROAD mow st a RONDING AND UTILITY EASEMENT • Wf NESSETH: An easement over,under and across that pert of the South Half of the South Half of the Southwest Quarter of Section 24,Township 27,Range 23, Dakota County, Minnesota,lying east of the west 1320.00 feet of said South Half of the South Half of the Southwest Quarter of Section 24 and lying westerly of a line described as commencing at the southwest corner of said Southwest Quarter of Section 24;thence South 89 degrees 47 minutes 06 seconds East,assumed bearing,along the south line of said Southwest Quarter of Section 24,a distance of 1375.52 feet to the point of begirming of the line to be described; thence North 0 degrees 12 minutes 54 seconds East a distance of 23.08 feet; thence North 58 degrees 22 minutes 56 seconds East a distance of 88.77 feet;thence North 12 degrees 05 minutes 15 seconds East a distance of 92.97 feet;thence North 10 degrees 59 minutes 28 seconds West a distance of 44.62 feet;thence North 8 degrees 17 minutes 01 second East a distance of 69.61 feet; thence North 39 degrees 18 minutes 8 seconds East a distance of 97.80 feet;thence North 14 degrees 38 minutes 18 seconds East a distance of 42.02 feet; thence North 20 degrees 09 minutes 47 seconds West a distance of 50.61 feet; thence North 50 degrees 40 minutes 25 seconds West a distance of 100.28 feet;thence North 31 degrees 47 minutes 22 seconds West a distance of 149.68 feet;thence North 46 domes 15 minutes 52 seconds West a distance of 42.77 feet to the north line of said South Half of the South Half of the Southwest Quarter of Section 24 and said line there terminating.Subject rsi to C.S.AH. No.30 a.k.a. Dlfley Road. c DOC. * 967385 Agenda Information Memo December 7, 1993 City Council Meeting NEW BUSINESS 1994 COMPREHENSIVE FEE SCHEDULE A. 1994 Comprehensive Fee Schedule--Enclosed on pages 1%hrough 1O],is a copy of the proposed 1994 Comprehensive Fee Schedule for the City of agan. D. ector of Finance VanOverbeke has coordinated input from all departments. Individual departments have identified suggested changes resulting from cost adjustments, new applications and policy decisions. It has been the policy of the City to adopt a comprehensive fee schedule each year in December for implementation on January 1. The enclosed pages show 1994 proposed additions and changes handwritten onto the approved 1993 Fee Schedule for comparative purposes. The proposed fees are intended are intended to cover City costs and not to generate revenue over and above what is required to provide the service. They continue the City policy of implementing available and practical user fees, limited licensing and minimum regulation through the licensing function. Services that are generally provided to all citizens are paid for through taxes. Services that are of special purpose or benefit are paid for by user fees. A detailed rate study for user rates in water and sanitary sewer has not been completed. City policy has been to change the rates with the first full quarterly billing in the new year (March). Those proposed rates will come before the City Council at a later date. With changes over the years, the order of the fee schedule has become rather confusing and it has become more difficult than necessary to use. A re-structuring of the material will be undertaken prior to printing final copies. If any City Councilmember has specific questions about proposed changes or other suggestions, please contact the City Administrator so the necessary research can be completed in advance of the meeting, if possible. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 1994 Comprehensive Fee Schedule as presented or to approve with modifications. CITY OF EAGAN 1ggy 490 FEE SCHEDULE TO 2ir . Effective January 1, *993` Iggy r1 , �qg3 City Council Approval December-,-1.992 ck LIQUOR FEES 1993 1444 FEE TYPE FEE PLO post 6 BEER, LIQUOR AND WINE Beer Application and Investigation $350.00(1) Off-Sale License 75.00 On-Sale License 350.00 Temporary License 25.00 Liquor Application and Investigation 300.00(2) Off-Sale License 200.00 On-Sale License 4,000.00 Sunday License 200.00 On-Sale Club License Less than 200 300.00 201-500 500.00 501-1,000 650.00 1,001-2,000 800.00 2,001-4,000 1,000.00 4,001-6,000 2,000.00 Over 6,000 3,000.00 Temporary (Up to Three Days) 150.00 Wine Application and Investigation 350.00(1) On-Sale License 400.00 Sunday License 100.00 Consumption and Display 25.00 Daily Sports or Convention 50.00 Duplicate License 5.00 ("When Wine and Beer are applied for by the same applicant, the total maximum investigation fee is $400.00. (2)Also requires an escrow deposit of $1,000.00 for five persons requiring investigation and $200 for each additional if the investigation is conducted within Minnesota, or $2,000.00 for five persons requiring investigation and $400.00 for each additional if the investigation is conducted outside of Minnesota. 2 go 1993 A �qy PEE TYPE PEE VOtOSC Rubbish Hauler Commercial, Residential or Recycling Only 1st Truck $50.00 Each Additional 25.00 Commercial/Residential Combination 1st Truck 75.00 Each Additional 25.00 Service Station 100.00 Solicitors (Non-Profit) 25.00 Solicitors (For Profit) 50.00 Investigation License Fee 25.00 up to 3 solicitors 5.00 each additional over 3 Trailer Permit 50.00 Dog License Male or Female 10.00 Neutered or Spayed 5.00 Late Fee 2.00 Duplicate Dog Tag (Also covers dogs 2.00 licensed in another city) Kennel Permit Initial 100.00 Renewal 50.00 Photocopies .50/page Fee Schedule 2.00 Animal Pick Up 15.00 Animal Impound 4.00/day over amount billed the City by animal pound Pet Shop License 100.00 Returned Check Fee 15.00 False Alarm Commercial 75.00 Per False Alarm After 3 (City Code) Residential 75.00 Per False Alarm After 3 (City Code) Radio Communications Lease Previously Negotiated Rate New + 5% Fax Legal Size Documents 1.00 for 1 or 2 pages .50 each additional page Invoicing Charge - 15% (to Maximum $10) 3 % ( 1993 ,Mil FEE TYPE FEE rV o e os4c4 Research of City Records 20.00/hr (Beyond Readily Available Material) Alarm Panel 8.00/month Parade Permit Fee 25.00 Shows License 25.00 (circus, carnival, etc.) 50.00 Investigation Massage Therapy Establishment 300.00 (includes 1 massage License therapist license) 300.00 Investigation (includes 1 massage therapist) Massage Therapist License 50.00 200.00 Investigation Police/Fire Reports: Accident 4.00 Incident 4.00 first 2 pages .25/ea. add'l page Arrest (weekly) 20.00/week cctele %* Rt,f0A Su.wrw`AM4 ID.00/ui 4 Photos: 10.00/first print ikn pp l .50/print after first (c"*ctea4 tic OWL ( A4ers, 50!ft o 'k Tapes: Audio 25.00 each Video 35.00 each Fingerprinting 10.00 ec o4.4 Police �^ odg- Checks/Clearance Letters 5.00 (Non-Law Enforcement Agencies) Gambling Investigation 250.00 Cigarette License 40.00 Mechanical Amusement 1-3 Machines 25.00/Machine 4-15 Machines 200.00 Total 15+ Machines 400.00 Total Contractors Licenses Plumbing MN Master License No. & $2,000 Bond & Certificate of Insurance Sewer and Water MN Master License No. & $2,000 Bond & Certificate of Insurance Street Closure 25.00 (1) (1) Requires $25.00 deposit to cover City property used to accommodate the closure. 4 • 1993 110`t PEE TYPE PEE v V oQ obi 0, Wall Driller ,. _ - - - - 1 . Mailing Labels LOGIS Cost + $10.00 Notary Seal 1.00 Each for first 5 .50 each for all additional Voter Certification 1.00 Duplicate Certificate of Occupancy 5.00 Golf Driving Range License 50.00 Data Processing Reports LOGIS Charge + 10% Dance Hall Permit 300.00 300.00 Investigation Public Dance - Single Event 50.00 Pawn Shop License 8,000.00 350.00 Investigation per owner Stable License 50.00 Hard Copy Map Sales 1/2 Section - property only 8.00 1/2 Section - property and planimetric 45.00 1/2 Section - property, planimetric and contours 136.00 1/8 Section - property, planimetric and contours 34.00 1/2 Section aerial photo 5.00 1/4 Section - property only 5.00 1. o� 1h TAY. 3 90 O{-" CO oi! ce■fib I "o4oieeck Cspbik C- x5.00 c)oc,,A4 FaL 5o.oo 5 S 3 (I) Af iticai-iort Tb Au491 _ Saint Oic ; tea' Re, SUBDIVISION AND PLATTING 199E Tvea ab� FEE TYPE FEE Final Plat $100.00 Require Escrow +$3/lot Deposits Per Development CO,l Escrow Policy Preliminary Plat 300.00 C1� Rezoning 250.00 Q►c��n�ry i 14N14t c Oa WI 0116\ 1* �2,50 114s Soa £ccrow 0.b Planned Dev. 250.00 P r c1' r"i»4v3 Plat PD—Annual Review 25.00 F;plat Q 1 ihne Ptvc to evnew'k 0) Conditional Use Permit Initial 150.00 (O 0 •I v 7,Oo o C ac+o w Renewal-CUP 25.00 V) Variance 75.00 1 50.0•D CI) Waiver of Plat Duplex Lot Splits 50.00 Others (Except Single 150.00 Requires escrow per Family Zoned Property) development escrow policy. Single Family Zoned Property 300.00 (No Escrow) 0 Special Permit 50.00 S, Dp `) Interim Use Permit 75.00 151).00 Driveway Agreement Preparation 150.00 DODO Grading/Excavation Permits If Preliminarily Platted 250.00 Not Preliminarily Platted 0-5 Acres $150.00 Each Acre Over 5 Acres $50.00/Acre ($550 Maximum) Renewal 150.00 Utility Permits Utility Companies 10.00 Permit For Construction 50.00 in City Rights-of-Way and c easements (74.42._ '�s kto;.vad ;4 %1.4cit, ur residential boulevard land- scaping)Bend- irrigation or utility permits F�a‘‘oc1't %oK ok 14-SJGS.SvnejS Assessmentns Search l 10.00 1 50'00 Pews ;we WSJetsvnaKT QtQ0 # 25.00 Assessment Fee on Delinquent Bills 25.00/parcel Vacation Proceedings 300.00 C o t ies o� Le+a� fScviQ %0Ui , Ow .,e,.s E+c, V 6? 4, 1.00/ Dag t. 1993 A tCAA PEE TYPE PEE r t O t Oyt Industrial Revenue Bond and Multifamily Housing Bond Processing Fee 500.00 E--( PL 5 CIA' A Ql:KU* Market Analysis Study 50.00 X51 Tax Inr�rement Proces�ssing Fee 500.00 J Tr.t..t.. Vr a se✓a Ai t 0.4 rat', t.11 100 Zoning Map 5.00 Zoning Regulations (City Code- Chapter 11) 10.00 Liquor Regulations (City Code - Chapter 5) 10.00 Subdivision Regulations (City Code- Chapter 13) 10.00 Traffic Regulations (City Code- Chapter 8) 3.00 Parking Regulations (City Code- Chapter 9A 3.00 3. O Landst�Qt, t'j?�:cam Sign Reg9vla cons 2.50 3.0 O S hoc keow ‘..•r.' '- k i cw. , 3.00 City Code Each Chapter (All Chapters Except 5,8,9,11,13) 5.00 Code Book 60.00 Code Book with Binder 75.00 City Code Updates 10.00 Street Name Change Application 100.00 Comp. Plan Amendment 300.00 3 00 .00 Comprehensive Guide Plan Map 3.00 Water Quality Management Plan 50.00 Water Quality Classification Map 5.00 Comprehensive Storm Water Mgmt. Plan 50.00 (three ring binder) 35.00 (spiral bound) Trunk Storm Sewer Drainage Map 2.50 Comp. Water Supply/Distribution Plan 50.00 Trunk Water System Map 2.50 Comp Sanitary Sewer Policy/Plan 50.00 7� 1993 1 444 PEE TYPE FEE •v O eObt6 Trunk Sanitary System Map 2.50 Plans and Specifications 50.00 a2. Lk-5 r1 -cev ia' C�Ad% vrvs I I l A�is Cosi C.A ay. (4( Qlu.a 1.hvo■tivA CVtAV Pl■►c Kai`vos F:r{ ii■Yst\i"t tAkes 1 0✓ \f vSo.v Q 1�C� E%w: ,t ,* • 8 INSPECTION FEES 1993 a ta44 FEE TYPE FEE [00 wed. Building Permit Based on Value - See Attached Building Permit Fee Schedule Building Permits for Selected Work at Existing Residences: Basement Remodel/Finish 35.00 Deck 25.00 30,CA) Fireplace/Fireplace Stove 25.00 Demolition Permit 15.00 S. 00 Disposal Permit 10.00 Electrical Permit See Attached Electrical Inspection Fee Schedule Heating, Ventilating and Air See Attached Mechanical Conditioning Permit Fee Schedule Moving Permit 15.00 Plus Cost of 5 00 Repairs and Escrow Plumbing and Gas Fitting See Attached Plumbing Permit Fee Schedule Process Piping See Attached Mechanical Permit Fee Schedule Sign Permit 2.50 per square foot Wind Energy, Radio and Based on Value - See Television Tower Permit Attached Building Permit Fee Schedule Plan Check (Valuation 65% of Building Permit Fee over $10,000) Foundation Permit Based on Value - See Attached Building Permit Fee Schedule Replacement Building Permit Field Card 5.00 Lot Transfer Fee (Bldg. Permit) 50.00 Processing Fee on Cancelled Permits One half of Plan Review Fee Duplicate -Certificate of Occupancy 5.00 Reinspection Fee 30.00 Address Change (After Building Permit 50.00 is issued) 9Y-7 1993 1 q4y PEE TYPE PEE Q/ O f OS4 Reprocess Fee (End of the Month Permits) 20.00 Underground Storage Tank Installation/Removal See Attached Mechanical Permit Fee Schedule State of Minnesota Contractor License Verification 5.00 10 BUILDING PERMITS CITY OF EAGAN 4WWWWW110, 1993 PERMIT FEES MIA fte psi, PERMIT FEES - Fees based on UBC Fee Schedule 65% Plan Review Charge on all permits over $10,000. Permits are issued to specific lots - any lot change after issuance of permit $50.00 transfer fee. Utility Charges - collected with permit fee (Applies to Single Family Dwelling Permits - Verify All Others) Sewer Availability Charge (SAC) - $850.00 q W.00 Water Availability Charge (WAC) - $695.00 rM 5.00 Water Meter (5/8") - $105.00 115.00 Road Unit Charge —$390.00 ylp,p0 Treatment Plant Charge —$324.00 31-1g.00 $1.00 - $500.00 -- $15.00 $501.00 - $2,000.00 -- $15.00 for the first $500.00 plus $2.00 for each additional $100.00 or fraction thereof, to and including $2,000.00. $2,001.00 - $25,000.00 -- $45.00 for the first $2,000.00 plus $9.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00. $25,001.00 - $50,000.00 -- $252.00 for the first $25,000.00 plus 6.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00. $50,001.00 - $100,000.00 -- $414.50 for the first $50,000.00 plus $4.50 for each additional $1,000.00 or fraction thereof to and including $100,000.00. $100,001.00-$500,000.00 -- $639.50 for the first $100,000.00 plus $3.50 for each additional $1,000.00 or fraction thereof. $500,001.00 - $1,000,000 -- $2,039.50 for the first $500,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00. $1,000,001.00 and Up -- $3,539.50 for the first $1,000,000.00 plus $2.00 for each additional $1,000.00 or fraction thereof. All permit fees are rounded to the nearest dollar amount. 11 ?Ck FEES FOR APARTMENT BUILDINGS (ONE COMMON ENTRANCE & ONE LAUNDRY FACILITY) 'Q q 1 i I.O j O$!c Sewer Availability Charge (SAC)-80% of $850 x number of units q DD Water Availability Charge (WAC)-80% of $695 x number of units ZS Road Unit -80% of $390 x number of units y �o Treatment Plant Charge -80% of $324 x number of units 39 Accessory buildings in apartment complexes will not pay MWCC SAC (Per MWCC policy) . City SAC, WAC, Road Unit and Water Treatment will be charged at 80% of full value. STATE SURCHARGE ON ALL PERMITS Value Based Permits Valuation of Structure Surcharge Addition or Alteration Computation $1,000,000 or Less .0005 x Valuation $1,000,001 to $2,000,000 $ 500 + .0004 x (Value - $1,000,000) $2,000,001 to $3,000,000 $ 900 + .0003 x (Value - $2,000,000) $3,000,001 to $4,000,000 $1,200 + .0002 x (Value - $3,000,000) $4,000,001 to $5,000,000 $1,400 + .0001 x (Value - $4,000,000) $5,000,001 and Up $1,500 + .00005 x (Value - $5,000,000) Fixed Fee Permits Amount of Permit Fee Surcharge Computation $1,000 or Less $.50 $1,001 and Over Fee X .0005 12 PLUMBING PERMIT FEES - 1993 I 't Q+Oto:te1 * RESIDENTIAL (1 & 2 FAMILY DWELLINGS. TOWNEOMES. CONDOMINIUMS) Minimum Fee $15.00 t).DO Add-on, modification or alteration 15.00 '2 U.00 Plumbing fixture 3.00 each Water softener 5.00 Water heater 3.00 Fuel/gas piping system 3.00 per outlet Fixture rough-in 1.50 each Lawn sprinkler system 3.00 each Private sewage disposal system 15.00 * COMMERCIAL/INDUSTRIAL/APARTMENT BUILDINGS 1% of contract price with a minimum fee of $25 * Verify with Inspections Department which classification of multiple residential dwellings your building fits in and what type of permit is required. MECHANICAL PERMIT FEES - 1993 *RESIDENTIAL (1 & 2 FAMILY DWELLINGS. TOWNHOMES. CONDOMINIUMS) Minimum fee $15.00 DO.00 Add-on, modification, or alteration 15.00 0.0 • 0o HVAC - 1 - 100,000 BTU/H's 24.00 additional 50,000 BTU/H's (or fraction thereof) 6.00 Fuel/gas piping system 3.00 per outlet * COMMERCIAL/INDUSTRIAL/APARTMENT BUILDING Minimum fee $25.00 HVAC 1% of contract price Process piping systems $25.00 * Verify with Inspection Department which classification of multiple residential dwellings your building fits in and what type of permit is required. 13 ( CITY OF EAGAN 'RCN Qr000e , ELECTRICAL INSPECTION FEES NOTE: MINIMUM CHARGE FOR EACH INSPECTION - $15.00 C b.00 ALL PERMITS REOUIRE 5.50 STATE SURCHARGE 1. Payment of fees - All electrical inspection fees are due and payable to the City of Eagan at or before commencement of the installation and shall be forwarded to the City of Eagan. 2. The fees for signs shall be computed in accordance with State schedule with a minimum fee of $15.00 per sign. go.DD 3. Swimming pool ground fees shall be computed separately at $40.00 per pool. 4. Minimum fee for each separate inspection of an installation, replacement, alteration or repair limited to one inspection only. - $15.00. 0. 00 5. Services, change of services, temporary services, additions, alterations or repairs on either primary or secondary services shall be computed separately. 1 to 100 ampere capacity $15.00 101 to and including 200 ampere capacity or fraction thereof $18.00 x0.00 For each addition of 100 amperes or fraction thereof $ 5.00 6. Circuit, installations or additions, alterations or repairs of each circuit or subfeeder shall be computed separately including circuits fed from subfeeders and including the equipment service. Circuits of 250 volts or less. 0 to and including 30 ampere capacity $ 4.00 ,S 00 31 to and including 100 ampere capacity $ 7.00 For each additional 100 ampere capacity or fraction thereof $ 6.00 For circuits over 250 volts, double the fee for 250 volts or less. 7. In addition to the above fees: a. A charge of $2.00 will be made for each street lighting standard. b. A charge of $2.00 will be made for each traffic signal head. Circuits originating within the standard will not be used when computing the fee. 8. In addition to the above fees, all transformers and generators for lights, heat and power shall be computed separately at $2.00 per . unit plus $.10 per KVA up to and including 100 KVA, 101 KVA and over at $.05 per KVA. The maximum fee for any transformer or generator in this category is $20.00. • 14 (A�, I qv.% gyp os;e 9. In addition to the above fees, all transformers for signs and outline lighting shall be computed at $3.00 for the first 500 VA or fraction thereof per unit, plus $.25 for each additional 100 VA or fraction thereof. 10. In addition to the above fees (unless included in the maximum fee filed by the initial installer) , remote controls, signal circuits, fire warning and security circuits of less than 50 volts shall be computed at $15.00 per first ten openings or devices of each system plus $1.00 for each additional opening. 11. For the review of plans and specifications of proposed installations, there shall be a minimum fee of 8100.00 up to and including $30,000 of electrical estimate, plus 1/10 of 1% on any amount in excess of $30,000 to be paid by persons or firms requesting the review. 12. When reinspection is necessary to determine whether unsafe conditions have been corrected and such conditions are not the subject of an appeal pending before the Board or any court, a reinspection fee of not to exceed the original unit fee, or $15.00, whichever is less, may be assessed in writing by the inspector. a o.pe 13. For inspections not covered herein, or for requested special inspections or services, the fee shall be $25.00 per man hour, 2c1 including travel time, plus $.20 per mile traveled, plus the c_44,Ie reasonable cost of equipment of material consumed. m; , Q-((' d am This section is also applicable to inspection of empty conduits and such other jobs as determined by the inspector. 14. For inspections of transient project including, but not limited to, carnivals and circuses, the inspection fees shall be computed as follows: a. Power supply units - According to Item 4(b) (2) of fee schedule - a like fee will be required on power supply units at each engagement during the season, except that a fee of $25.00 per hour will be charged for additional . .0C time spent by the inspector if the power. supply is not ready for inspection at the time and date specified on the request for inspection as required by law. b. Rides, devices or concessions - Shall be inspected at their first appearance of the season and the inspection fee shall be $15.00 per unit. 80.04 15. Fees double - When any person, co-partnership or corporation begin work of any kind such as hereinbefore set forth, or for which a permit from the electrical inspector is required by ordinance, without having secured the necessary permit therefore from the inspector of buildings either previous to or during the day of the commencement of any such work, or on the next succeeding day where such work is commenced on a Saturday or on a Sunday or a holiday, he shall when subsequently securing such permit, be required to pay double the fees herein- before provided for such permit, and shall be subject to all penal provisions of this ordinance. 150,3 % q'i 'to t oS3 16. Additional Fees and/or Fee Shortage - Additional fees and/or fee shortages must be received by the City within 14 days of written notice. If additional fees and/or fee shortages are not received within 14 days of notice, permits for electrical installations will not be accepted by the City until such time as the additional fees and/or shortages are received. Additional fees and/or fee shortages that are not received within 14 days of notice are subject to a 10% per day penalty. 19 UTILITY FEES 1993 A qCN PEE TYPE FEE V f el O tt Trunk Utility/Connection/Availability Charge Trunk Sanitary Sewer Oversize Unplatted $1,540/Ac. I ,61O Platted Residential 740/Lot r775 Trunk Water Main Oversize Unplatted and Platted Comm. & Ind. 1,615/Ac. 116$5 Platted Residential 775/Lot gip Water Supply & Storage (WAC) Non-Residential 2,550/Ac. Trunk Storm Sewer Oversize Single Family .071/S.F. .014 Multi-Family .089/S.F. .0AS Comm, & Ind. .107/S.F. 1i0 Lateral Benefit Utility/Connection/Availability Charge Lateral Benefit from Trunk Sanitary Sewer 35.60/Centerline Foot 3/.PD Lateral Benefit from Trunk Water Main Single Family 31.60/Centerline Foot 33.00 Multi-Family and Comm. & Ind. 52.10/Centerline Foot ,5-1.LO Lateral Benefit from Trunk Storm Sewer 12" Storm Sewer *40.30/Centerline Foot 4D. 10 15" Storm Sewer *41.85/Centerline Foot '13.90 18" Storm Sewer *44.70/Centerline Foot 44(,.90 21" Storm Sewer *48.03/Centerline Foot 5c. tb 24" Storm Sewer *55.20/Centerline Foot 51.60 *Rate is based on a pipe at 15 foot depth, cost for additional depth will be reviewed on a case by case basis. r 17 Ptreet Assessments I vo& ffetesel 1993 PEE Residential Multiple Comm./Ind. 32' Wide 44' Wide 52' Wide Rate/F.F. Rate/F.P. Rate/F.F. Street Surfacing $28.15 99.40 $51.20 13.45 $67.65 10.65 Street Surfacing 34.20 35 ')b 65.50 L$.4o 90.25 94.20 w/Grading Street Surfacing 40.25 (42,00 66.40 0. 30 85.65 81.40 w/Storm Sewer Street Surfacing 46.30 48.35 80.70 2445 108.25 I13 . Do w/Grading & Storm Sewer Trails Concrete (5' wide) $15.30/F.F. Includes $3.00/F.F. 00,00 3. 15 for Sod and Grading Bituminous Trail (8' wide) - 12.05/F.F. Includes $3.00/F.F. I2. (DO 3. 15 for Sod and Grading Water Quality Dedication A. Based on Per Acre Land Values Single Family $16,330 Duplex 18,630 Townhome 21,735 Apartments, Schools & Churches 23,805 Industrial 65,340 Commercial 130,680 and B. Excavation Rate of $2.00/cubic yard 1R UTILITY RATES AND FEES U 1993 ikti 1 FEE TYPE FEE Y f e e O S t4 Sanitary Sewer Single Family, Townhouse MN $16.60/Qtr. for 10,000 and Similar Residential Gal. $1.45/1000 Gal. for All Usage Over 10,000 Gal. Based on Winter Quarter Meter Reading •5C*t Apartment, Institutional MN $16.60/Qtr. for 10,000 Commercial &Industrial Gal. $1.45/1000 Gal. for k t. all Usage over 10,000 Gal Sewer only (Sewer with no Flat Rate - $31.10/Qtr. c`i1 water connection/meter to `, measure flow) Water Works All users MN $16.20/Qtr for 10,000 Gal. & $.97/1000 Gal. for All Usage Over 10,000 Gal Storm Water Drainage $5.00/REF/Qtr. (R3 Zoning 20% Credit) Water Account Deposit $15.00/Residential Account Sewer Account Deposit $15.00/Residential Account Street Lights/Signal Lights Neighborhood Single Family/Twin Homes (R-1, R-2) $3.15 Per Qtr Per Lot 3.a0 Townhouses (R-3) $2.50 Per Qtr Per Unit 9•S6 Multiple Residential $r $33.40/Qtr./Billing Acct. 10.0 C/I non-continuous $3.90/Qtr./Ac. 4.30 C/I continuous .145/L.F./Qtr. . 143 20.15/Ac./Qtr. 9 x,23 Individual Lights 100 WHPS $19.15/Light/Qtr. 111.45 150 WHPS 30.95/Light/Qtr. 31 . 45 250 WHPS 42.35/Light/Qtr. 43, 00 Community and Signal Lights, R1/R2 $1.70/Unit/Qtr. 1. 80 R3 $1.35/Unit/Qtr. R4 $1.20/Unit/Qtr. 1, Non-Residential $5.10/Unit/Qtr. S. 30 19 CA 1 1993 12, 1y PEE TYPE PEE f totc64 Road Unit Charge Residential Except Apartments $390/unit (1.0 RUC) 1410 Apartments (80%) 312/unit (0.8 RUC) 338 Non-Residential 1,170/acre (3.0 RUC) 47444— 123D Sewer Availability Charge (SAC) Single Family (R1 and R2) $850 q Dfl Other $850/SAC Unit Do Treatment Plant Charge 324/SAC lA.NA 348 Water Supply & Storage (WAC) Single Family 695/Lot 725 Apartments 555/Unit S80 Non-Residential 2,550/Ac. D.61,0 Shut-off Charge 30.00 Delivery of Shut-off Notice 10.00 Late Fee 10% of Balance Sewer Permit (New and Repair of Existing) $50.00 Water Permit (New and Repair of Existing) 50.00 Temporary Construction Meter Permit 10.00 ($200 Escrow Dep. ) (6 month maximum) (City retains $30 as administrative fee) Scheduled After Hours A. Call Out - Labor Rate 2.5 Hr. Work Minimum + 10% Administrative ($50 maximum Administration) B. Extended Day Labor + 10% Admin. ($50 maximum Admin. ) Water Meter Removal 30.00 Water Meter Replacement/or Resealing 30.00 Sewer Tap ( Clay P i e t (f,\t) 100.00 Watcl Tai. 100.00 eLvoic. airvAe ytivoi L/4-1,.‘ d2,- Qtl ;t _ Access-To 2,5 .00 fi)ou.teolv4s T 1r-a Cor:k yaws 1, ;c-c D.a, 0o 20 ■ '4" 1993 Not OLta FEE TYPE PEE Water Meters 5/8" x 3/4" meter* 105.00 115,00 3/4 water meter* 150.00 - 1" water meter 165.00 11/2" water meter 375.00 3 6o.co 2" water meter 5.15.00 2" compound** 1,520.00 6540 .00 3" compound** 1,890.00 I, goo. 00 4" compound** 2,910.00 i,6165,00 6" compound** 4,990.00 11,400.00 2" turbo meter** 810.00 5?0.00 3" turbo meter** 1,100.00 2,00.0o 4" turbo meter** 1,790.00 1,385.0o 6" turbo meter** 3,310.00 3,300.00 #2 copperhorn w/swivel 16.00 Remote wire (over 35' ) 0.06/Ft Replacement (Provided the first time with meter) : Outside Remote "Touch Pad" Meter 12.00 Meter Strainers: 2" 200.00 905.0O 3" 255.00 a t.0.00 4" 380.00 4 05.00 6" 490.00 305. 00 Meter Testing (Charged only if meter tests correct) : 5/8" through 1" 50.00 1 1/4" through 2" 80.00 All other sizes Contract Cost (Mpls)+ 10% Deposit to turn on water before all work is satisfactorily completed 200.00 (City retains $30 as administrative fee) * Includes Copperhorn ** Includes Strainer Private Hydrant - Maintenance/Flushing 30.00 - Repair Time and -111.tored- (na4e'''a` 21 '9\c) PARKS AND RECREATION 1993 ' qq 1 FEE TYPE FEE tt OCOS4� Parkland Dedication Single Family $700.00 r49 Duplex 621.00 640 Townhouse/Quad 553.00 5/3 Apartments/Multiple 559.00 515 Commercial and Industrial .055/S.F. .05445 Trailway Dedication $100/unit l0 3 854/Acre $80 Park Fees Picnic Kit 3.00/7.00 Trapp Farm and Thomas Lake Pavilions(1) 85.00 Per Day g5.o0 60.00 1/2 Day I-5.OD Enclosed Shelter Buildings(1) 85.00 Per Day q 5,00 60.00 1/2 Day L05.00 Open Shelters 25.00 20.00 Extra Picnic Tables (maximum of six) 20.00 7 5.0o Athletic Facilities/Shelters(1) Fields 50.00 Per Field Per Day 55.00 Lights (If Required) -Tournaments 25.00 Per Field Per Hr Building Cleaning 50.00 Per Day 65.00 Restrooms/Bases/Field Chalking 25.00 per reservation 30.00 Maintenance Fee - Travel Baseball 60.00 Youth/Team (.5. 00 150.00 Adult/Team (6-9 games) 165,00 300.00 Adult/Team (10+games) 3 15.00 - Travel Soccer/Hockey 60.00/Travel Team (05,0 0 Concession Permit (maximum of 3) 200.00 Dt5.DO Community Rooms Events 50.00 55,00 Profit and Fund Raising 100.00 Ii0.00 Chuckwagon Grill 25.00 30.00 Canopy 50.00/Day 55.00 Trwec wts..evv .d iwLin4 F&L11 4r `' ) ( - ).s tcoo • DS.Do j NY. 94,1 00 Peaple� S.00/ Nr (1) Requires Damage Report 150.00 Pius Loa/ ()tykes/ over `15 Pe oft. 22 �`�Q 1993 �qw� FEE TYPE FEE QfoQolea SWIM= RATES, Pick-up truck 22.00/hr. 1 Ton dump truck 23.00/hr. Single axle dump truck 30.00/hr. 3 2.00 Tandem axle dump truck 35.00/hr. y o.C+0 Tractor 15.00/hr. Backhoe/loader 35.00/hr. Front end loader 56.00/hr. Loo•oo Road grader 56.00/hr. ri c.Op Street sweeper 41.00/hr. Roller 20.00/hr. Paver 20.00/hr. Air Compressor 15.00/hr. 50 KW Generator 35.00/hr. Sewer Jetter 66.00/hr. Sewer Rodder 33.00/hr. Sewer Vacuum - Trailer 33.00/hr. Sewer Vacuum - Truck 70.00/hr. Groundsmaster Mower 22.00/hr. Pump 6" 25.00/hr. Pump 8" 28.00/hr. Skid Loader 35.00/hr. Chipper 15.00/hr. T'i Atf 30.00/ hr CITY STAFF RATES Department Directors $80.00/hr. Assistant City Engineer 60.00/hr. City Planner 60.00/hr. Maintenance Superintendent 60.00/hr. Design/Development Engineer 55.00/hr. Park Planner 50.00/hr. Maintenance Supervisor 50.00/hr. Senior Planner 50.00/hr. Water Quality Coordinator 50.00/hr. Senior Technician 45.00/hr. Project Planner 40.00/hr. Technician 40.00/hr. Aide 30.00/hr. Intern 20.00/hr. Maintenance Person 20.00/hr. (Regular) 30.00/hr. (Overtime) Pcreman 24.00/hr. Survey Crew (Includes Vehicles 2 person and Equipment) 70.00/hr. 3 person 90.00/hr. Billing rates to the railroad for fires caused by them: Manpower $ 9.00/hr. Pumper 200.00/hr. Tanker Chief's Vehicle 150.00/hr. Rescue, Grass Rigs Command Vehicle, Aerial 500.00/hr. (Minimum 1 hour charge) 23 ( ,c.) \ =EMT "B" PtbQo!t4 tetALi (Developer's Escrow Agreement) preliminary Plat Application Escrow (1) Waiver of Platting Escrow (Initial Deposit) (,,004,V1 A is o 946 $150 per acre , $1,500 Minimum To Q�e,;.�. vuv� 1 $4,800 Maximum Qlahhwa 'levc�oCf?f*"� ' Final Plat Application Escrow (') (Initial Deposit) $4,000 lA3cuk41 M$ ' AIN To F vta� fl a hr�e.a v."el o1w sk Contract Management Escrow (1) (Initial Deposit) estimated Construction Costs (2) Escrow $ 0 - $150,000 8% ($1,000 Minimum) $150,001 - $500,000 6% ($12,000 Minimum) $500,001 + 5% ($30,000 Minimum) (1)These are escrow deposits with minimums/maximums, they are not intended to be actual charges. (2)Costs will be verified by City staff and adjusted as necessary to be comparable to City Projects, thereby insuring armslength transaction costs. 24 ,c2y , Agenda Information Memo December 7, 1993 City Council Meeting CONSIDER CHANGE IN APPLICATION DEADLINE OFF-SALE LIQUOR LICENSE B. Consider Change in Application Deadline,Asmita Patel, Off-Sale Liquor License--The City Clerk's office recently received a telephone inquiry from Ms. Asmita Patel regarding an application for an off-sale liquor license. She was instructed about the City Code provision which has a time table laid out for the issuance of additional licenses. Included in that schedule is an August 31 cut-off period for receipt of applications which in effect limits consideration of new licenses to the period from August 31 through December, with activation of the license on January 1. Enclosed on page alte. is a copy of this section of the City Code. Ms. Patel was instructed to write a letter asking the City Council to amend the Code since she was not agreeable to waiting to apply for a license. That letter is included on page '‘p1 Prior to actually bringing the item before the City Council, the City Administrator wanted Ms. Patel to be a bit more informed about the background and his letter of No tuber 16, 1993, was sent. This letter and Ms. Patel's responses are included on pages \o6 and , To help provide background on this issue,the following is a chronology of significant activity in this area. 1980 Two active licenses: Cedarvale (now Big Top Wine & Spirit) Kenny's Liquor, Yankee Doodle Road Two inactive licenses: J.E. Parranto - no specific site McCrae & Associates - Safari Mall 1980-83 City Code, stated that four (4) off-sale liquor licenses could be issued and must be geographically spaced so that two are in the western section of the city; one in the northeast; and one in the south central. 1984 McCrae&Associates received Council approval to move their location to Hilltop Shopping Center and opened Eagan Liquors at 4182 Pilot Knob Road. 1985 J.E. Parranto did not activate his license and on July 16, 1985, David Perrier was approved for the fourth license to be located at Cedar Cliff Shopping Center. 1985 City Code was amended to read: Four (4) off-sale licenses may be issued and must be geographically spaced so that one license shall be located in the north area(excluding Silver Bell Center);one shall be located in the southeast area and two shall be located in the southwest (including Silver Bell Center). Agenda Information Memo December 7, 1993 City Council Meeting 1985 McCrae & Associates sold Eagan Liquors. Spirits of Eagan dba MGM Warehouse, was approved for the off-sale license at 4182 Pilot Knob Road in action by the City Council at its October 15, 1985 meeting. 1986 On May 6, 1986,the City Council amended the ordinance to allow for five (5)off- sale licenses. The fifth site was designated for the Town Centre area. 1986 At its July 15 and August 19, 1986 meetings, the City Council amended the off- sale liquor ordinance. 1986 City Code was amended to read: No more than one (1) off-sale license may be issued for each 2,000 households in the City as determined by the Metropolitan Council as of April 1 of each year. The sixth off-sale license shall not be approved prior to July 1, 1987. One additional off-sale license may be approved each year thereafter. However, no license shall be approved prior to the first of August of each year commencing in 1988. Applications will not be accepted unless a license is available as determined by the household count. Each applicant shall display to the City's satisfaction that it has at least an option on a specific site for the location of the off-sale store. The Council reserves the right to determine specific compliance with this subdivision. 1986 On July 15, 1986, the City Council approved an off-sale license on Town Centre Drive for Curtis Johnson. A few weeks later Mr. Johnson withdrew his application. The license was eventually approved for Sid Applebaum dba Big Top Wine & Spirit, 1282 Town Centre Drive. 1989 The City Council approved an off-sale license for Liquor Shoppe, Inc., located near the intersection of Lexington and Diffley Road. 1989 In December, two applications were received for off-sale licenses: Cheers Wine & Spirits and Richard Barone - both located near Cliff and Nicols Road. Subsequent discussion of the applications generated the decision to reassess Code requirements and licensing procedures. 1990 A special Council work session was held January 30, to discuss liquor licensing policy. The Council decided to consider the off-sale applications apart from policy. 1990 The City Council approved off-sale applications for Cheers Wine & Spirits, 1996 Rahn Cliff Court and for Richard Barone, 2119 Cliff Road on February 20, 1990. Agenda Information Memo December 7, 1993 City Council Meeting 1990 The current City Code provisions were adopted (July). 1990-91 Richard Barone opted not to open an off-sale liquor store. That license reverted back to "available" status. 1993 Cheers Wine& Spirits closed and that license reverted back to"available" status. Dec. 93 There are currently 6 active licenses. The most current Metropolitan Council population estimate is 51,014 as of April 1, 1992. According to the codified criteria this makes a total of 10 off-sale liquor licenses available with 6 issued and 4 in inventory,subject to the issuance criteria. The issues the City Council has faced over the years revolve around the appropriate number of licenses to issue (there is no state limit), the location of the establishments and what process would be utilized to issue the new licenses when available. The 1990 code amendment addressed all those issues and seems to function well. However, there has been a market place adjustment which has taken place in which there is not necessarily a demand for each new license as it becomes available. Consequently, in the near term it does not appear to be a case of choosing among applicants being judged against specific criteria and each other which the code is set up to do. One could make the argument that this eliminates the need for the structured time frame application in the Code. It seems fairly obvious that today's marketplace is unlikely to support one license per 5,000 population. The question then becomes one of whether or not the Code should allow a more timely or different consideration of applications. Enclosed on page is a copy of a map showing the location of the current six (6) license holders as well as the locations for the two (2) licenses that were issued but which are not in use at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the request to change the City Code regarding the application process for off-sale liquor licenses. Subd. 12. One (1) new off-sale license may be issued for each 5,000 population increase in the City, over a base of 40,000, as determined by the annual Metropolitan Council Population Estimates of April 1. Applications for new licenses will be received through August 31. If there is insufficient population to support another off-sale license, the applications will be returned . A. New license applications will be reviewed by the Police Department through November 30 with Council consideration at the first meeting in December. New licenses will be approved with an effective date of the following January 1. Any license not activated by the following August 31 will be rescinded and the available 113 :$ date 15-91) d ria} a (11 — AsG k LA'pv1 S S 5. 52 license will be part of the next application process. The new license application process provides for the issuance of one (1) new license per calendar year . B. An off-sale license which becomes available when an existing liquor store is sold will be considered independent from the "new license" process outlined above. License renewals, change in ownership and relocation are addressed elsewherb in this Chapter . C. A set of criteria will be included in the review process to aid in the selehtion of the best qualified applicant. Such criteria may inolude residency, financial structure, overall operation, proposed location, traffic implications, previous experience and ownership restric- tions. Each applicant shall display to the City's satisfaction that it has at least an option on a specific site for the location of the off-sale store. The Council reserves the right to determine specific compliance with this Subdivision. Source : Ordinance No. 103 , 2nd Series Effective Date: 7-27-90 ( 2)(-C) . EAC,set IVAr >la r __:.. aA _coo cl ,. __ _ ) I - 3-9 3 . _---______ __ __ . 3c PALO—, Kivoa _40 Gacx..a mom t-∎EIN ct C� _ SIr,_ __,_.______ -..-- _____.__ _______ -_ _ .:_ _ _ ► cks "T:\ -,r .r, �;.�k-�'•e,,,� _�t.3��L..G,�.,,,. �.,�,. 4 \Cre-I v-,r.; 1,... ._ C ON4 \ om- T\.,-Q — -. , c. - Ck 5 Airj �� 1 1 4}. city of ocicjcin THOMAS EGAN Mayor PATRICIA AWADA SHAWN HUNTER SANDRA A.MASIN THEODORE WACHTER Council Members THOMAS HEDGES City Administrator November 16, 1993 E.J. VAN OVERBEKE City Clerk ASMITA PATEL 4190 BRADDOCK TRAIL EAGAN MN 55123 Re: Off-Sale Liquor Licenses Dear Mr. Patel: I am writing this letter .in response to your letter to me dated November 3, 1993. In your letter you are requesting that the City Council consider amending the City Code as it relates to applications for off-sale liquor licenses. Prior to processing this request to the City Council, I thought it important to inform you of how difficult it has been for the City Council to develop a fair and consistent policy regarding the availability and issuance of these licenses. The policy as codified was adopted after a number of long and difficult meetings during which the needs of the residents of the community, existing license holders and license applicants were considered. It seems that the current Code language has achieved a reasonable balance among these needs, although not necessarily satisfying any of them completely. In the event you wish to continue to pursue this request given the circumstances, please contact my office. Sinc ly, Thomas L. Hedges City Administrator cc: Finance Director/City Clerk VanOverbeke TLH/vmd MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY 3830 P11.01 KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN POINT EAGAN.MINNESOTA 55122-1891 EAGAN.MINNESOTA 55122 PHONE:(612)681-4600 PHONE:(612)681-4300 FAX:(612)681.4612 Equal Opportunity/Affirmative Lion Employer FAX:(612)681.4360 TDD:(612)454.8535 '^ MD:(612)454-8535 • A SCYN I VC,. 44c-tic, TreLt _ Ni•-■\V‘. 73-5.°3 . _ -v\e— • 3 t6o r A ON \r) c•CfN■r■ %--5 S.` 16.1 , _ . _ . . _ • - rr ho—s IND_c_ozz =ply; FtCsf -t•-," CAAA _ . ._ -t _ 12/5/89 OFF- SALE LIQUOR LICENSES r (r., .. . - .. `.. - c .. . i . �. 1,-./. • w•... _ yam` '• ;, A.• .• .;: :rI.. w . A •R I , — .. �� .'' i�... V....f, ,. -- — .. QM.: 1 '. _,.. I / 7. tl . /T• / 1 ( •_ ...f !,. 7,•:'`;'• �: +•Y• A Ity HMI .._,.r •.»•. p.c.ty !s ,f—'-'il 77 .. .. ' =. Ate .. r_ � �•- ; !�`..` 1 : " — • Tr. ��}; *, 1,.'4.k,4. .'.—. In �r. .. 1.•V. -. �`L, ^��•,v��-" •1-Fp .�/ Iv/=1 !!r. �_f�� :� • ,'/• • ��E is ` •91117�4 �...,. 1.• ... .>,. % ^-��- t T.fk . _ . t it i /1451 �'i�--,....to. 1.. . *II.. 0 .R... 4 A , . • • . ... . i.,,f •ail.r4. 1C'%i ... rill i t • �3 .F,'•1-sue— k :,y.. • .r. ... 1 �[I ..+,.r ,i+:i`• VL. I��- }/ .� •1../1 Hwy 4:'r• Wit., _ • : _.. - _. ,� _ ...r=• ACTIVE LICENSES: 1- Big Top Wines i Spirits (Applebaum) 2- Kenny's 3- Great Northern Spirits 4- Big Top Wines a Spirits (Sidco) 5- MGM Warehouse 6- Liquor Shoppe,Inc. • \,VAC....) Agenda Information Memo December 7, 1993 City Council Meeting DUPLEX LOT SPLIT/LOT 5. BLOCK 2, OAKWOOD HEIGHTS 2ND ADDITION C. Waiver of Plat, Duplex Lot Split, Mark Calvin, located at Lot 5, Block 2, Oakwood Heights 2nd Addition,758 and 760 Cougar Drive--The staff report on this requested waiver of plat for duplex lot split is enclosed on pages\a through ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a waiver of plat for a duplex lot split of Lot 5, Block 2, Oakwood Heights 2nd Addition at 758 and 760 Cougar Drive. � l� SUBJECT: WAIVER OF PLAT- DUPLEX LOT SPLIT APPLICANT: MARK CALVIN LOCATION: LOT 5, BLOCK 2, OAKWOOD HEIGHTS 2ND ADDITION EXISTING ZONING: R-2 (DUPLEX) DATE OF PUBLIC HEARING: DECEMBER 7, 1993 DATE OF REPORT: DECEMBER 2, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Waiver of Plat for a duplex lot split to allow individual ownership. The existing duplex is located at 758/760 Cougar Drive (P.I.D. #10-53801-050-02) and meets all building setback requirements. Both units are served by separate utility services. If approved, this Waiver of Plat shall be recorded at Dakota County within 60 days and documentation provided to the City. . • - Y`v "Z 7 r• monovK. t . _ .��f . 114 Jet G haw ®.•wri�• .is — ' !!I 1 . ....... 7.:. 0-01_ .,_.;..) , - lb. ., . , :matt T., , - --1. , cv f,:, ,th•e• 5111 >� ! Y . Hf przir wax* T A • .., ii• ---- — - >•-•,g- :- ea.)‘ elf. .34,- a slizmall . - „dia. ilia,., . - 1‘,101E... .., - . 18\(: ....i ; ,,,,,,..— : ...At, 0 = / . 1? L. t \ , RZ i• 7 ./' > 1 -. •, Certificate Fors Mark Calvin Construction • �, Sheet 1 of 2 (11-05-93) !_ Eagan, MN �i�� Bk. 100 / Pg. 73 454-2501 - J • DELMAR H. SCHWANZ • a N tANID IUNVtYOR$.WC. Q I lbpnrM Under taws N Me tem d tamale i 14750 SOUTH ROBERT TRAIL ROSEMOUNT.MINNESOTA SUSS 11121423-17119 Rf I i It SURVEYOR'S CERTIFICATE i 2 c e. Added Division line 11-05-931 el § Building not relocated for the purposes ti 1 LLI 606/6,91€_________ of this description. �3Z "Zo9/L 41kV4 k i m egg/. ' q0 .1 • '""'"--- ....-....... 4 i c ;,,,,,0 0,11. 6. % \,,,,,>,.... ,,t, \ IIP \ lot . ..- -•.. ./ t es-t % s. •• ,0 :,\\ Y.:Sc!' \ rte '�\ # .•- fis�.''6i ` Drainage i Utility\ k / 0.1. Z\ / �. Basements _ 8,1,",.��U t�`' . w i' ? $4✓ c�` �i I X3,1 .H \ 101,.1, \ v- b *fir . Propod�d Bu din*_ 11411 ";rs?M ,. .rw Ch 1 ' • / 40• G 0 • \ ,� r , p T., • :� // -b ' pP I - \ 4, 4417ZE • to,Wool si $ . . 013 ... / 0 . � , • A / 60 • . ._ �._. • Beale s l inch • 30 feet r� v Lot 5 , Block 2, O�OOD SIGBTS 2ND ADDITION, Dakota U.* _ re sarn& OLOVA . t, r its d b !►" a �;FCottnty, Minnesota.• D ' Wool* IS" - �! ! . • ' �L0 Also showing the location of a proposed TA�sosso sidvottrom �;•. �� • ( :$4: .,�.��,'•.N`�_''f'�.; . building theseon. st'.:��..............•f f .. ,..,,,;.t.., 1!WNW tartly that MIS evrveY PIer,or t was a� .. . ' '>,, . preparerd by ms ponder my direct supervision and �c;� / that I sm a duty Registered Lend Surveyor under • •DELMAR h'A H• ms s v , / Woe laws of the state of Minnesota. = SC ��'��J� i l .'t Owed Ma 12, 1987 N sti—6623— Q Denier innesota Registiedon No S025 Agenda Information Memo December 7, 1993 City Council Meeting 1.109MTYPEW.P.AMii RECONSIDERATION OF VARIANCE REQUEST LOT 1, BLOCK 2, MALLARD PARK 3RD ADDITION A. Reconsideration of Variance Request, Cathy Rauchwarter, of 12' to the 30' minimum setback from public right-of-way on Lot 1,Block 2,Mallard Park 3rd Addition--Gerald and Cathy Rauchwarter have appealed the City Council's November 2, 1993 decision to deny their variance of 12' to the required 30' setback from the public right-of-way. The City Council will need to recess as the City Council and convene as the Board of Adjustment and Appeals. The consideration of an appeal is a two step process. First, the Board of P P p Adjustments and Appeals must decide whether to approve or deny a reconsideration of the variance. The Board of Adjustments and Appeals must make a finding of fact and decide whether there has been an error in any order, requirement, decision or determination relative to the previous consideration of the variance. If the Board of Adjustment determines that there has been an error, it can approve the appeal and reconsider the variance. The Board of Adjustment can set a future date for the reconsideration or decide to reconsider immediately, at this meeting. The second step is to consider whether to grant the appeal and, thereby, approve the variance. (Although the code states that this requires a two-thirds vote, this requirement is in conflict with state law which requires only a majority ruling.) The staff report on this request is enclosed on pages /(. through /17 The applicants' appeal letter is also enclosed on pages (1 through ']; City Council should note that the applicant has not submitted a formal application for the appeal and has not submitted a fee. There is no specific fee requirement in the fee schedule, however, that is because we have not had an appeal in recent years. We would appreciate some policy direction from the Council on whether formal applications and fees should be collected on appeals of City Council decisions. Requiring a fee would be consistent with our basic cost allocation approach. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the appeal of a variance for Cathy and Gerald Rauchwarter and to approve or deny a grant of the appeal (to approve the original variance) for a 12' setback variance to the 30' side yard variance for setback from the public right-of-way. SUBJECT: VARIANCE APPEAL APPLICANT: GERALD & CATHY RAUCHWARTER LOCATION: 1762 DRAKE DRIVE (LOT 1, BLOCK 2, MALLARD PARK 3RD) EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: DECEMBER 7, 1993 DATE OF REPORT: NOVEMBER 30, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An appeal request has been made to reconsider an application for an approximate 12' Variance to the required 30' setback. APPLICABLE ZONING ORDINANCE: Section 11.40, Subd. 2. PROCEDURE: The appeals process is basically a two-step process. First, the City Council makes a determination whether to approve/deny reconsideration of the appeal. At that time, the Board of Adjustments and Appeals makes a finding of fact and a decision on an appeal where it has been alleged by the applicant that an error has occurred in any order, requirement, decision, or determination in accordance with the City's Variance procedure. Secondly, the Board must make a determination (decision) on the appeal itself. City Code states that it is necessary for a two-thirds vote by the full Council; however, state laws provide for only a majority. In considering all requests for Variances or their appeals, the Council shall make a finding of fact that the proposed action will not: (a) impair an adequate supply of light and air to adjacent property (b) unreasonably increase the congestion in the public street (c) increase the danger of fire or endanger the public safety (d) unreasonably diminish or impair established property value within the neighborhood (e) disrupt the traditional practices or social cohesiveness of the community (f) or in any other way be contrary to the intent of this Chapter or other applicable City Code provisions and that such Variance "will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." BACKGROUND: At the November 2, 1993 City Council meeting,the Rauchwarters request for a Variance of 12' to the required 30' setback from public right-of-way was denied. If approved, this request would have allowed for construction of a 16'x 24' garage stall on the west side of the existing garage. PLANNING COMMENTS: The applicants have requested an appeal to the decision made by the City Council at the November 2, 1993 meeting. The applicants reason for the appeal is lack of consideration given to their Variance request. The original proposal was for a 16' x 24' garage. The current proposal indicates a 16' x 21' garage addition located on the west side of the existing two-car garage. ACTION TO BE CONSIDERED: To approve/deny the appeal of a Variance as requested by Gerald and Cathy Rauchwarter and to approve/deny a grant of appeal. ) Rauchwarter - Variance %...1 - = ( ;• " , - /` , ' ,• r \ 1 % • `\t.'"'' , '' \ , , , •. , . _7 vi,../I I j ' 1 - ._--;"1.. .,....:.;', :t";.- -..:',..: V....t5.:,1111 1 ' r 1' '\,:�': f..' ` -—j't===• _ -_;, :;:� . '1 .its,% ' ,\,'`7n1i1J ... ■ r �; 1 111111 f;f� ;! _ >; , , 11 J \�1 / ,,x\!11. , (. ' \ 1 I. „ - ,a l '‘., i l' ' '' ';Pi ••i•-•, I � ,11 r r 1 I t`-��f�,tT ' �'‘1—� -\ , 1 . 1tYl r`��/. ii ?‘i 0 / \\ .',',s.:1. 1, i . 11r1 . -,-77._3. iti. L......: .• • , 1 h t;;;;;;I:Tack Label 'rt.= \11 I ) / n \ 1 111 ,•1 -N i q 1111 .- : ':. , ` J ,...•� ' 1. I 1 1/111 i ; !� )11I 1t�0? .. c*T1�` 'r jJ • � 1 •- 1 1 \ I , \v.I 1 I i f`i IF ■ "1 't . % :e L•; "- !)i- ".' •4) .= ..= : j .1 0, , ■ , , -,., It v I lij IN.I. t Av..? )91,-.... i•, - •. I) ) i, , I\ ` 1111 11 I I �' �� ) ! 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C1 1i i, I,; ,�,.. �. .._ c' ,rte- . --I' - 1 J� ( r r � I'IG4 =1., -Fri .',:,i= - 1.-- :'- . i \ h . • am) ( , ) 1 / I .�,, i 1..:�^ '11/11 I ��' '• k,"•:-° ,1`'• 1 , 0 " .•ir' r \ ,1. % .r; ilf:rol `A.,_■=-. • .' I. i-t-j-)1 • ' ''' 4 _ ,x‘/( .,' \,/, '''..1..\\"\\ (1 /993 /76 ,)( dort , /4/1/ 561-2,7 la hi7 tr(), Q a /Co X�� y ' t2 � / 1) % a zoo-44 _ra,rYtP �tiws P1J ` 7'LC��''u 7/-tm-A2-<-7 c?) 7o-t j Litt/-y--jvuni `ki2c0 t, 4 November 15, 1993 Dear Members of the City Council, I am writing in regards to a variance we are requesting to add onto our garage. We are requesting a variance to add a 16' X 21' section onto the west side of our garage. Adding to the west side of the garage allows access to the addition by widening of the existing driveway on Drake Drive,allows all existing trees to remain standing, •is the most pleasing arrang- ment esthetically, and is the most logical place to place an addition from a common sense point of view. Alternative arrangements have faults more serious than infringing on a setback. To put the adIdition on the south side of the garage would also run into the $ettack if the 21' dimen- sion runs north - south. We would also hi4e to remove 2 mature trees (note trees marked on drawing). �sthetically, it would stick out and look like an afterthought. Alternatively, if the 21 ' dimension runs east-West, and is added to the south side of the garage, one mature tree for sure grid possibly a second mature tree will need to be removed. Access would then need to be from a second driveway off N. Woodgate Ln. Almost all of that driveway would be in the setback area. Having a second driveway would be a major inconvenience for us, especially in the winter. Esthetic concerns would be similar to those previously mentioned. • Alternatively, to have a free standing building would again t • require a second driveway off N. Woodgate Ln. Such a building would need to be built close to the house and in the middle of the yard, as there is a storm sewer easement running through our backyard (note manhole cover marked on drawing). In conclusion, even with the 16 X 21' addition built on the west side of the garage, there will still be 30 plus feet from the street to the nearest corner of the addition. Our immediate neighborhood is completely developed. I can't imagine the road would ever need to be widened. Building on the west side of the garage is the most logical, most conservative (least amount of alteration to existing land and trees), most esthetic and most practical from the standpoint of access. Building the addition any other way would be a less kind way of treating the land and would substantially increase the cost of the project. Respectfully, . deue,s4---4-- -1) _ , 8.w t C.J. R3 uchwart r • 1752 Drake Drive 21104 IMMOSI ota um • -- - - 7-- _. .... fl a.bit& o a.rii . 1'311'6111a vt Cs1�.4i . .c0 e•4.44 r 11 .L,Tt 0 0 o C .11 _ --• - ;-. - - --\y • f t 1 1! ‘ SO1 % i.\. �� tr ‘ Se \ • M \ a— " Jy..t .�. ►4444. d \ ag , yr 1 4rS•o ; . . P,. • 1:.. ‘ $ s � 1 fl‘tk .. vD t— — — — ._ . -115 0 x .‘ \. .\ • ; 110.1,0 i 89'44'4l'w \ \ • , DE ,411.1P-rtot, Leer 1 I alt..ot•I ■ 21 l &LL&LD P . v..NRTi" Tttt 1►t.E re $0 t.0 abl, $ M, k.U- SEAL11144 1, UMe ' o V t ref $ M1 meuuNMut , Original re uest la--0 - - ---------.. q Options Available :am it lgrit U•al W at.; 4i4C 19 ad ..011011. I `• so Si 1 i M.. �� c p 1 •• 1 , ‘, 7 -4, • , . . _ja. •\t. its 1 -* I !. 1.7..'..ii._....i'ii'iiiiii' , • .... ial Q, o•••••.•v•.•.•,•,•,•,,,,,,,,,,•,, Buildable area• \ `%%%%%%%%%%%%%%%%,•,••• ` �•:❖:❖:•:❖:•••••••••••••�••��•��•�,� • • /O %` IIMP& 4=l 44'4rw .. \ \ . 4 O R 1.1- - I;te.vii 4 sit 111 II.11.07;VJ . ....z.- ippl.1_ iell$4_. a.4 7 __is 5 V •••■•• I p� �.,.., .i• \I' � 1;s:° M B -. .... s 1 0 • �1 a►t�.� fie`$ q? Located behind garage 1 1 •4 ,., rP•viii ' 1... `1 • \ I . N‘ ifl X..- 1 # t ' \*Vi 4 a • 44•41'w .... ic-)--, l 4. °°`gate: 0*Asia ri.—......—„______.,aviretor vitt AI 00 • '4'64' S" --- b -111 _ litfr■ 1t 1 fiI.4 ; 1 A ot... cr 1 • +fit ; i N V.c Located behind garage ■ I 11 14 VI i ■ 1 1 11e.bd 425. w •-- c� _. a Ruchwarter Variance Appeal ' ; a ; 1 ., roe r ai •.. i. •. � ` �� r , , �, y ....r.'',•• r N 3'^. s•Fe °c . 3 `ate ...`.+. • j �. .. ASR"y^�„.,,,r E k"�;'� Y�_ R• ... v y 1 zi 1`' f -.. f` , •. Lam- { -. I. ..• �,� i • Looking south at the west edge of the garage. i ' E • 4; y ,; _ i9 z'*".�' 4r x ,"4 ''r. y am y y, -, { •.t -.4..his ; 1 _ - - • Looking north from the south portion of the parcel. \ .D-3 Rauchwarter Variance Appeal V \ \ , . , 1 IS Yom.. .�...xx $� +� 1 `7�-jv< J'• 'j .. ) l 1 }i';*444 -w ..* • •wit ,q`/-74:,;:-.1 h< +5i 4fi *, M mo r, �z�M 'j ' ' i 'L `YE a ,. t'� . 4 a ° " " _ ` PiT•,' _s' n,':.` "- :. Looking south at front of garage. +, • `• a r . y 'J ' 1 r - • a ti, ,.sr: J i. 4. Sg <4.0 s e t s 1 .'° .,r i` _ . K e ,s,, . ..,...,..,,,i. _......7" -.,.'„ ., ,,-,,.. 1 ti.,i,/,,,,.M.V. , ct,,, ,:'. -4,- -';-..'.'-'''.:-..':''''.5;v4,1,W,*.'. y;4 ; b S :74° rc -.• l.:: ;. ,s .;;;E- �.i'.i ,. t .'lsk _s. . '.1:#"! " 4 y ;' - ,:1 GA �? ,,.-7:`,...3. _-, t, ..) ,L.( Rauchwarter Variance Appeal I :■ 1 AF`s _ • ! ,fl ;i a2 ., f -f r , ,110 ` r al I1t r- r S .33.. I u :„.. `aY 11''',.).'i t yj x Ay R Ki '` .r i.p"."i., '- t Z r. a° F s- '` F: 1 "4"c ",�: s^., j .„-i.m-'1....1' fit T' '.777, . - } ,,;....,�T , yc.",Via.. !.• Looking east at the west wall of the garage. r , ,; . F7:110-: ( . / . .- . Y r r w ,..4 �� N d • _ .'lf"tip Looking west past garage wall and North Woodgate Lane. CITY OF EAGAN 1994 GENERAL FUND BUDGET AND 1994 PROPERTY TAX LEVY Public Hearing December 7, 1993 Eagan Municipal Center 3830 Pilot Knob Road Eagan, MN 55122 • BUDGET HEARING CITY OF EAGAN PROPOSED 1994 GENERAL FUND BUDGET INTRODUCTION Each year as a part of its budget preparation process, Minnesota cities, including the City of Eagan, hold public hearings to receive comments on the types and levels of service proposed to be provided in the coming year and the anticipated costs for those services. Over recent months, the City Council and City staff have applied their best efforts to the task of continuing to meet the public service requirements of our growing community at the lowest possible cost. Because Eagan is growing, certain services and programs must be expanded to serve our new citizens and businesses. At the same time, this growth provides new tax base which shares in the burden. The public hearing portion of the process is very important because it provides feedback on the types of City services Eagan's citizens expect and what our residents and businesses are willing to support. We expect and welcome public comment as a constructive Part of the budget process. Public input, together with the City Council 's experience and City staff's expertise help form the spending and cost management priorities for the City. Y TRUTH IN TAXATION State legislation requires the distribution of Truth in Taxation notices to all property tax payers. In addition to the date, time and location of the budget hearings, Truth in Taxation notices indicate the anticipated property tax changes in the City, County, School District and other taxing jurisdictions. The City of Eagan has long solicited public participation in the budgeting process through published notices and public hearings even before required by State law. Truth in Taxation legislation is intended to enhance the public's ability to participate in the budget process by distributing basic information directly to the citizen. The information presented on the parcel specific notices shows a comparison of property taxes paid in 1993 with those proposed to be paid in 1994, if the levy and budget are approved as presented. Unfortunately, the notices cannot cover or explain the numerous factors such as state aids, fiscal disparities, classification rate changes and valuation changes which impact the amount of property taxes paid on any particular parcel of property in the City. These factors are all out of the control of the City and impact taxes more dramatically than the City's proposed levy. As usual, many Eagan properties have been reassessed in 1993 as part of the County's ongoing effort to meet state requirements that all properties be valued at at least 95% of their fair market value. Depending upon the size of the change, the City portion of your tax bill may be more or less than it has been in the past. -2- CITY OF EAGAN 1994 GENERAL FUND BUDGET In preparing the 1994 Budget, the City Council and City staff are committed to trying to maintain a constant level of the services which we believe the public desires. Despite increases in population and service demand, the proposed 1994 budget includes new positions only in the Police, Community Development and Parks & Recreation Departments. Other increases relate to the same inflationary pressures Eagan residents and businesses face. Increases in the cost of motor fuels and insurance are among these. At the same time, the City reviewed all revenue producing programs to make certain that Eagan residents continue to receive high quality services at the lowest unit cost. More details related to specific budget allocations appear in the attached charts and diagrams. The proposed 1994 General Fund Budget for the City of Eagan is $13,501,530, an increase of 8.4% over the 1993 budget of $12,453, 600. Most of the increase is related to personal services consisting of workers compensation, health insurance and the additional personnel. ATTACHMENTS The attachments are provided to help identify and explain factors which determine the City's property tax levy and to identify the services provided by the City of Eagan and their corresponding costs. -3- WHY IS THE CITY PORTION OF MY PROPERTY TAX BILL CHANGING? You recently received your Truth in Taxation Notice from the Dakota County Treasurer's Office. Because the State-designed notices do not explain the reasons behind increases or decreases in your property taxes, this information is presented to answer some of the most frequently asked questions concerning 1994 property tax bills. 1. How much will the City of Eagan budget change in 1994? The City's proposed General Fund Budget would increase by 8.4%from $12,453,600 to $13,501,530. Per capita spending has increased by 5.5% from 1993 to 1994. About 66% of the budget is supported by local property taxes. The rest is supported by license, permit and user fees, service charges, fines and forfeits and other program revenues. 2. How will the City property tax levy change for 1994? Eagan's proposed general fund levy would increase 8.8% from $9,408,700 to $10,237,328 reflecting an increasing reliance on the property tax. The balance of the levy is increasing 10.7% from $2,190,192 to $2,424,988. However, because there has been an increase in the amount of state funds received by the City, the portion of the levy composed of local property tax contributions has increased by a smaller amount. The portion of projected revenues from property taxes will increase from $9,087,979 to $9,982,802. The City tax capacity rate is increasing by 7.0%. 3. If the levy increase is so small,why did my individual taxes change more than that? Some people's taxes did increase significantly; some did not. There are three other factors which have caused your taxes to change. These factors are outside the City of Eagan's authority or control: a. State Fiscal Disparities System -- State law requires that a portion of new commercial/industrial tax revenue from cities in the metropolitan area be shared with other cities with few business properties. Therefore, a part of the property taxes paid by Eagan business and industry is taken from the City of Eagan and propor- tionately divided among other cities. Because of the way the fiscal disparities formula is computed, the amount contributed by Eagan to other cities varies from year to year. The remaining value in Eagan, including residential value, must support proportionately more of the City's budget as the value is shared. b. Change in property tax rates on commercial property -- In 1991, the State Legislature lowered property tax rates on commercial property in order to attract to and/or keep businesses in the state. Because the tax rates paid by commercial property owners will decrease, the City will experience a decrease in revenues. To maintain constant revenues,the remaining property value,including residential value, must support proportionately more of the City's budget each year. -4- c. Change in market value -- State law now requires the County Assessor to assure that all property is assessed for tax purposes at 100% of its market value. Obviously, if the market value of your home has increased, the amount of taxes will also increase. The combination of the above factors may result in an individual property's taxes increasing, decreasing or staying the same. The difficulty is that no single factor affects all properties in the same way. 4. Why can't the City cut its budget to keep it constant like residents or businesses? Like residents and businesses, cities are faced with cost of living increases. In addition, the state and federal governments also mandate additional services, such as the new presidential primary, without providing funds to pay for them. This makes it difficult to maintain the services the public expects at a constant dollar amount. Maintaining a constant level of service is further complicated by the fact that Eagan continues to grow rapidly. While these additional homeowners pay taxes to help support their services, their presence means that the budget cannot remain constant without decreasing service levels for everyone. The City actively uses a number of methods to cut and manage costs. Eagan works jointly with surrounding cities, Dakota County and other agencies to reduce duplications in equipment and services. The City also carefully reviews service and staffing levels each year to insure that appropriate, and not excessive, levels of service are provided. The 1994 budget attempts only to maintain a basic level of service. The major staff additions are in the Police Department because of the priority the City Council and residents place upon public safety. CONCLUSION In summary, in spite of the slight proposed increase, the City levy is only keeping pace with population growth and inflation. Also, Eagan's municipal tax rates remain among the lowest in Dakota County and among the lowest in the metropolitan area. The majority of the changes on Truth in Taxation Notices are a result of factors beyond the City of Eagan's control. Property class rates are set by the State Legislature, as are assessment valuation requirements and the fiscal disparities program. The City of Eagan has and will continue to manage spending to control the part of the tax system it can. Together with our residents, we will share with our legislators the concerns these state policies raise for our City. -5- ESTIMATED 1994 PROPERTY TAXES PERCENT OF TOTAL TAX SCHOOL DISTRICT #196 SCHOOL 52.9% \\\,. • " •• . . . ••• •• • OTHER COUNTY • 23.8% • • CITY 19.0% -6- 1993 LEVY $11 , 598, 892 LOCAL TAXPAYERS $9,087,979 • cAL ;:sr❖.: :��:: :�:• D I S PA R I TIES $951,048 HACA $1,559,865 1994 LEVY $12, 662 , 316 LOCAL TAXPAYERS $9,982,802 DISPARITIES $1,003,138 H ACA $1,676,376 -7- 1993 TAX BASE $56, 488,380 AVAILABLE TO TAX RAISE LOCAL ` INCREMENT • TAXES �:::::;;:; $833,134 $44,499,588 •:•......• .... 1.5% :s: :�:�:�:�:�:�:�i�:�:�:�:*:? FISCAL Es i:.:.:y='� DISPARITIES 8% i�: �;i�i;:; i�:�='�� $11,1q5,65° 19.7$ 1994 TAX BASE $57 , 463 , 102 AVAILABLE TO RAISE LOCAL TAXES ,' $45,681,611 79.5$ Ii TAX :❖::�:_:❖:.;.:❖:•::•:�. : .. INCREMENT $733,476 1.3% FISCAL DISPARITIES Itilliiii:::**- $11,048,015 19.2% -8- CITY TAX CAPACITY RATE CALCULATIONS 1993 $ 9,087,979 = .20423 $44,499,588 1994 $ 9,982,802 = .21853 $45,681,611 -9- • HOW PROPERTY TAXES ARE DETERMINED Percent Taxes Payable Increase 1993 1994 (Decrease) Assessor's Market Value $2,298,730,900 $2,441,382,000 6.2% X Times State Mandated Class Rates (0.45%-4.7%) Total Tax Capacity $ 56,488,380 $ 57,463,102 1.7% Less Fiscal Disparities Contribution (11,155,658) (11,048,015) (1.0%) Tax Increment Value (833.134) (733.476) (12.0%) Net Local Tax Capacity $ 44,499,588 $ 45,681.611 Property Tax Levy Operating $ 8,642,084 $ 9,389,839 8.7% Debt 1,396,943 1,396,101 (0.1%) Reserve - 200.000 Total $ 10,039,027 $ 10,985,940 9.4% Less Fiscal Disparities Distribution (951.048) (1.003,138) 5.5% Net Local Levy $ 9,087,979 $ 9.982,802 9.8% Tax Capacity Rate .20423 .21853 7.0% -10- State of Minnesota Property Tax Classes The current classification system consists of five property classes. They can be described as follows: Class 1 Non-agricultural homesteads (residential homestead) (3 subclasses) Class 2 Agricultural homesteads,agricultural non-homesteads,and timberland (2 subclasses) Class 3 Commercial, industrial and public utility land and buildings (2 subclasses) Class 4 Residential non-homestead property and some miscellaneous types of property (5 subclasses) Class 5 Public utility machinery,vacant land, minerals, and any other property not included in Classes 1-4. -11- SAMPLE FORMULAS FOR TAX CAPACITY CALCULATIONS Type of Property Taxes Payable 1993 Taxes Payable 1994 Residential First $72,000 Market 1.0% First $72,000 Market 1.0% Homestead Over $72,000 Market 2.0% Over $72,000 Market 2.0% Rental Housing 2.5% of Market Value 2.3% of Market Value 1-3 Units Apartments 3.4% of Market Value 3.4% of Market Value 4 or More Units Commercial/ First $100,000 Market 3.0% First $100,000 Market 3.0% Industrial Over $100,000 Market 4.7% Over $100,000 Market 4.6% -12- m 00 4) O• N 4) 8yy dP dP dP dP OP dP dP dP 4 O. 0 O. N N N. N CO N Id 0 N O. M 0 VD O �t 00 VO .4.1 N ..i •- e-1 •.. N H m l v ✓ w 1'1 U as .-1 4.) t0 dP dP dP dP OP dP D dP dP 0 4-) ■-1 O. N CO 0 M O. o 0 O Y) O ■D N O M M 4 4 1s- t) H • la to 0 0 r- N. 0 to V N O A4 O N N '.D N. r-I ■7 0 0 0 0 0 0 0 0 0 O O. 0 0 0 0 0 0 0 0 0 O O. 1-. to .4 r-1 N. .D 4 M M O .••1 4.) - - . CO CO 01 N. O. 1-4 M 4 r-1 N O M 0 - .O en 4 N. � N. M / in tN Cr) VD O CO V) 4 .-1 N M 10 H O. 10 N. 4 '.D %0 to r-1 N. CO 43 44 1-1 r-I N ] V} CO- c/} 14 4 d 0 4) .>4 a .-I E'4 4.1 Id dP dP dP dP dP dP dP dP dP dP C4 w /n L'+ 4-) 0 N M .-1 vD ,-I ,-1 N 4 O W a a) tom) C0 M M 0 4 0 .D co to O. O lx4 0 f, lb 1.1 N. 0 0 •-1 ON 0 CV N. 0 0 • D H a C N N .D N. O a E-+ a 0 Z 1 en 0 0 0 0 0 0 0 0 0 0 O 0. 0 0 0 0 0 0 0 0 0 0 CO 0. 0 M .D 00 N. N. 0 to N O. t". M •a to M M '.D N M N. 0 0 O. 0 0 O. O. 0 to N. M Cr) III 0 to Cr) .D M CO 4--I N. O. 00 N Q n t`• 1\ 4 M N O CO U Cl 0 . 4 '. 4 ,-4 .D N r-I .•-i N 'CO- CO V} V} t/} A W 0 ra 1.1 C4 .-. •,a 4.) A 4.) 4 4) 0 U) )4.0 Z H •r1 0 v r-1 Z r1 H � r r 1 1 P1/41 ,-a 3.1 td U) r-1 O a! td 0 .-I G 0) 0 EE-I ,C0 0 •� a) V)) a a) 00 4)) Cl'. ti a x a ¢ x <4 0 --13- m ., to 0 g CO 03 Cil CD o U � dP dP dP dP dP dP dP dP dP dP O v O 0 r-1 CV c '.p CV r. C ta v a) V 1., >a U 4a -f g � 4 � 4 o, cn en N- to N- o 4)) 0 r-1 UI 0 4 N o oo 4 t - 1.1 O, 0 0 N N 0 CO CO n 0 PO O 4 to en 4 r-1 4 e-1 N 00 L0 1- 0 0 4 4 .--1 o, cn h. in '.o 4 0o M 0 4-4 10 O, 4 4 to 1• N r-1 ON CO ON e-1 e-1 4.) .. - - • - .. - C. ,D $ N CO N N 1• N N 'Al 0 N N N 4 N 4 O n N 4 cn M to N .--1 4 CO 4 VD 00 e--1 O N -4 f\ 1` N Cn CV eV to C 0 e-1 (? (I> </)- <J) L-1 .0 44 0 0. w 0 0. H 1-3 a cif dP OP dP dP dP dP dP dP dP op a t CO 0 4) rd o to 0 Lo co r` cn 4 o pl J F 4 '.O 0 1- N- M 1/40 e-1 eV 0 P 4) 4 O 4 0 0 N 4 O o, to 0 a H d W M 4 0 U Pa 0 w w O d Z 0 cn 0 e-1 en O• cn 0 1- 0 1- O p O, '.0 '.D '.O 4 cn '-4 10 n 4 CO CA CT rd 4 4 en 4 '.0 0 CV Cn %I-4 I.4 fig. ON e-1 CO CV r-1 4 e-1 e-1 '.G Co 0 cn 4 CV N cn .-1 to o. to 00 al O en in as N 1--I 1-1 to• Ccr. r. 1 O O to to .o 0 N cn N N to V} (1) (0 (1) 0 W 0 r-1 yl ed .-. -4 4) 0 \ 1) D, N ., Cl) IJ .rte 0 iI .0 G 0 O. cn 0 a 0 ,- Z 1-1 - \ * ) arI rl a r♦ 14 Cd CO to rd 0 4-) cd 0 -ra 4-) (4 E• a � H U d cd O r-1 0 d O 0�., r�-1 ,--1 en y 0 --4 ---4 1-1 0 A o 0 cad C)) N bp Co i p. VI O a o5 w d t < 0 -14- USE OF 1993 LEVY $11 , 698, 892 GENERAL FUND OPER $9,408,700 huh` STMCONSTR 81.1$ �•�i/�////// $44932245 ih:q: . .. DEBT SERVICE $1, 3.9 1 EQUIP 614,000 REVOLVING $76, 947 0.7% USE OF 1994 LEVY $12 , 662 , 316 GENERAL FUND OOOOOOIIIIIIII EQUIPMENT REVOLVING OPER ` $98,558 10 23 7 3 28 -�� 80.8% •_ .... � MAJOR // ST CONSTR $517,430 4.1% 10RE SERVE$200,000TEMENTS 1.6% DEBT SERVICE $1,609,000 12.7% -15- ALLOCATION OF CITY SHARE OF ESTIMATED 1994 PROPERTY TAX RESERVE FOR ABATE MT 1.6% PUBLIC C GEN GOV T SA3.8FETY% 22.0% EQUIP \: REVOLVING 0.8% .❖.s. OTHER '`` '`````''``''` DEBT o.4% '•= 12.7% PARKS 12.1% MAJ STREET CONSTR 4.1% PUBLIC WORKS 12.7% -16- • Estimated Cost of City Services Pay 1994 Property Tax Supported City Service Percent Amount Category of Levy of Levy General Government Mayor & Council Administration Data Processing Finance/City Clerk 22.0% $ 71 Legal Community Development Cable TV Public Safety Police 33.6% $109 Fire Public Works Public Works/Engineering Streets & Highways 12.7% $ 41 Central Services Maint. Parks & Recreation Parks & Recreation 12.1% $ 39 Forestry Other Contingency .4% $ 1 Debt Service 12.7% $ 41 Equipment Revolving .8% $ 3 Major Street Construction 4.1% $ 13 Reserve for Abatements 1.6% $ 5 Totals 100.0% $323 Based on a house with a 1/1/93 market value of $110,000 -17- 1994 SUMMARY OF E GENERAL FUND $ 13 , 501, 530 GEN PROPERTY TAX - 65.8% ••:::..:.:.....iii II III I •:•:::::': ❖' 1.8% - OTHER• .::: 1.Q% - FINES•/ ' 1.8% - RECREATION 4.9% SERVICES LICENSES - 0.8% PERMITS 5.Q% TRANSFERS - 1.Q% 12.0% - INTERGOV'T REVENUE PROGRAM REVENUTS - 8.1% -18- 0 0 0 0 0 0 0 0 0 0 CD CD N 0 N 0 a) 0 0 tf0) 0 RS E_ 0) U) O co N U CO M N Opt O (D CO CD N T N OD ••-• CA co T a:) T C6 W E3 El) Cn W o pO Z CO 8 8 rn 8 N 0 0 CO 00) CO O (D > 0)a) �t O CO N �' Cl) CO 0 C) T co W '� 0) T Co CA N T N N. T d' CO Cr O T 0 O N Z LL Q J 2 Q D CO. 0 N. co CO 0) CCDD U) C (0 U) W ct U) Ul 0) N. O U N Z Cl)U) cc�� _ W W n C) M co N N CO — CO N N L CD > U O ''(^D^ O co_ D) N T CO) a) f- /Q� Q T C T T •- LL r� a (1) Ef) 0 0 O T M CO T U) N Cr) N 0 0) CO OP V' N. N CO 0 N CO CO Q0) (tS T O aD i Qi cf. N N. co- ai N �(po ) Ln co O CO N N. CO CO Q) QT co- T CU te Lt) a) 0 3 Z ^' C a) CC J ' c� ,as to = w a) a) a) t �_. a) a�i Z W O 0 c !,,. d U) j Q J N a) Q a N O a) OS Q E N E- (� E N (U O > a) 0 U N m c 2 E ~ w 0 C) 0 a 5 0 ¢ it 0 a I— v- rn -19- 1994 SUMMARY OF EXPENDITURES GENERAL FUND OTHER 0.5% GENERAL GOVT :7z, / PUBLIC WK 15.7% PUBLIC SAFETY 41.8% 94BUDEXP GENERAL FUND COMPARATIVE SUMMARY OF EXPENDITURES Actual Actual Budget Dept Request Proposed 1991 1992 1993 1994 1994* GENERAL GOVERNMENT 01 Mayor&Council $ 73,465 $ 85,985 $ 80,800 $ 84,100 $ 84,100 02 Administration 423,988 459,822 512,400 543,700 541,350 03 Data Processing 235,131 300,294 332,500 386,600 341,220 05 Finance/City Clerk 695,456 768,692 758,200 838,500 831,300 06 Legal 306,526 337,069 370,000 370,000 370,000 07 Community Development 1,231,025 1,304,281 1,339,100 1,570,750 1,414,030 10 Cable TV 52,943 64,362 65,400 86,600 84,220 3,018,534 3,320,505 3,458,400 3,880,250 3,666,220 PUBLIC SAFETY 11 Police 3,414,904 3,924,380 4,330,700 4,886,700 4,811,480 12 Fire 646,176 664,470 744,100 815,500 811,430 4,061,080 4,588,850 5,074,800 5,702,200 5,622,910 PUBLIC WORKS 21 Public Works Engineering 682,433 729,616 775,500 809,500 804,710 22 Streets & Highways 835,855 736,030 882,900 935,800 927,930 24 Central Svces. Maint. 320,317 329,043 381,500 413,000 390,100 1,838,605 1,794,689 2,039,900 2,158,300 2,122,740 PARKS &RECREATION 31 Parks &Recreation 1,451,788 1,551,215 1,716,500 1,873,900 1,844,550 32 Forestry 95,936 102,028 124,000 154,000 177,890 1,547,724 1,653,243 1,840,500 2,027,900 2,022,440 OTHER 41 Contingency 0 0 40,000 0 67,220 0 0 40,000 0 67,220 Total General Fd Expenditures $ 10.465.943 $ 11.357.287 $ 12.453.600 $ 13.768,650 $ 13,501,530 * Final Capital Outlay allocations have not been determined. Certain individual department totals may change. -21- ■ ■ i I ed CD a M. 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N N N M M N in 4 N in In •Os < VP OT O N M k 1.1 N 13 F 0 rl M O H o '.D CO$ '.O N O, g /' y y 4 0, C VP CO.-1 CO y O a O O O CN M as O O 0 0,CO I..1 V> O M O Vrl�CVP 0 O 0'4 0 $ O N"1 C VP s O N O O"` N' 1 in 0 N "1 N 0 0 CO O %O O.-1 N V CO. O CO O A 411 CV *0 •••1 N 4 N�O M VP 0 03 O N in N • -24- WHAT WOULD YOUR CITY PROPERTY TAX BE IF YOU LIVED IN ANOTHER CITY? % Higher Dakota County 1994 Tax Property Market Value (Lower) City State Aid Cities Rate $80.000 $100.000 $120.000 than Eagan Aid Per Capita Eagan .21853 $192 $280 $367 --- $1,676,376 $ 32.83 Apple Valley .24539 216 314 412 12% 2,892,391 78.10 Burnsville .20386 179 261 342 (7%) 3,249,721 61.63 Hastings .32570 287 417 547 49% 2,200,734 137.67 Inver Grove Hts .25047 220 321 421 16% 1,381,827 58.25 Lakeville .20024 176 256 336 (8%) 2,201,009 78.66 Mendota Heights .20881 184 267 351 (4%) 465,160 46.86 Rosemount .32182 283 412 541 47% 936,598 96.06 South St. Paul .28828 254 369 484 32% 3,573,920 176.10 West St. Paul .22249 196 285 374 2% 2,077,072 107.70 Other Cities Bloomington .25040 220 321 421 15% 3,706,271 42.64 Brooklyn Park .25645 226 328 431 17% 4,320,849 74.90 Coon Rapids .15550 137 199 261 (29%) 4,711,191 83.39 Eden Prairie .24767 218 317 416 13% 674,568 16.34 Maple Grove .25239 222 323 424 15% 2,255,278 54.45 Minnetonka .20428 180 261 343 (7%) 2,096,079 42.55 Plymouth .16007 141 205 269 (27%) 1,861,057 34.60 Woodbury .22340 197 286 375 2% 1.324,911 56.98 Average $2,311,390 $71.10, Includes City taxes only and is based on 1994 estimates used for truth in taxation notices. *Eden Prairie also has a market value referendum levy of .0001204 which is included in the calculation of taxes payable. The market value levy is in addition to the .24767 listed as the tax rate. -25- O 0 0 O 0 0 - 0 N 0 O - O 0 O - O 0 a N //C 0 a O 0 t... 0 N 0) O 0) O 0 110ce: Z >- ZYWU) W (OU) WWW < IF- JJ >. ¢ WOCC -10E01-- 1 > l- YF- Z » oC t5 J1- ¢ -1a ¢ z = -1O = Z » a¢ a¢ M Wj J .TO: TOM HEDGES, ADMINISTRATOR t/ KEN VRAA, DIRECTOR DEPARTMENT OF PARKS AND RECREATION FROM: RICH BRASCH, WATER RESOURCES COORDINATOR DEPARTMENT OF PARKS AND RECREATION RE: CITY COUNCIL AUTHORIZATION TO ADVERTIZE FOR BIDS AND APPROVAL OF WETLANDS REPLACEMENT PLAN-WATER QUALITY POND IMPROVEMENTS-CONTRACT 93-15 (FOR DECEMBER 7 COUNCIL MEETING) DATE: NOVEMBER 23, 1993 Background As you will recall, three pond improvement projects which advance the City's water quality management objectives have been proposed for construction this winter. The ponds proposed for modification and the benefitted recreational water bodies are each shown below and their location in the City identified on Attachment 1: Pond to be Modified Benefitted Water Pond JP-20. 1 Bald Lake (Pond JP-20) Pond LP-32 . 1 Schwanz Lake (LP-32) Pond GP-1. 1 Bur Oak Pond (GP-1) At their November 16 meeting, the City Council reviewed and approved the preparation of bid documents and specifications for these projects. During the week of November 15, public information meetings were held with property owners adjacent to or affected by the proposed projects to gather public comment prior to finalizing the project designs. A summary of those meetings is included (Attachment 2) for your information. While some issues peripheral to the pond improvement projects did arise during the course of the meetings, the pond project proposals themselves were well-received by the residents. It is of interest to note that two of the three projects take place exclusively on City-owned land, while the third which lies on private property is a situation where the City's plan to deepen the pond to meet water quality management objectives is consistent with neighborhood desires for modification of the pond. Council Action Requested Staff is requesting the Council to take action on two items related to these projects. These items are as follows: 1. Approve wetlands replacement plans for two projects and an exemption for the third to assure compliance with the Wetlands Conservation Act. The projects affecting Ponds JP-20. 1 and LP-32 . 1 each involve a small amount of wetland fill which is necessary to create stable, submerged berms in order to improve treatment efficiencies for each pond. For each project, the estimated area of fill is as follows: Project Area Filled JP-20. 1 1750 sq. ft. LP-32 . 1 1600 sq. ft. The Wetland Conservation Act requires that a replacement plan must be approved by the local government unit for actions which result in the filling or draining of over 400 square feet of wetland. Applications identifying wetland areas and impacts, specifying appropriate mitigation, and requesting approval to proceed have been submitted by City water resources staff to three agencies with wetland regulation responsibilities. (Attachment 3 contains the narrative summaries for these two applications. ) One of those agencies is the City of Eagan because of the City's responsibility in administering the WCA. Staff is asking for approval of the proposed wetland replacement plans under the interim program rules of the WCA, which end on December 15 when the permanent program goes into affect. It is important to note that staff are proposing to meet the same replacement standard for these projects that was required of developers under the interim program. The third project involves the modification of Pond GP- 1. 1, which is a detention basin constructed for stormwater holding purposes as part of the Bur Oak Hills development. Exemption l0iii under the Wetlands Conservation Act exempts from regulation under the Act "impoundments or excavations constructed in non-wetland areas for the purpose of effluent treatment, storm water retention, soil and water conservation practices, and water quality improvements, and not as part of any compensatory wetland mitigation process that may over time, take on wetland characteristics. " Documentation that supports the exemption request is summarized in Attachment 4. I've asked the Dakota County Soil and Water Conservation District to review this information as well to get an independent opinion that the exemption applies. Their analysis is expected to be completed by the Council meeting on December 7. Again, it is important to note that staff have assembled the same documentation as has been required of developers to support application of this exemption under the interim program of the WCA. 2 . Approve the advertisement of bids for the proposed projects. The specifications and bid documents have been prepared for the projects and are ready to be advertised. The projects will be funded from the expansion- modification portion of the stormwater utility budget, which includes developer cash dedications for water quality. Please let me know if you would like more information or have any questions. Thanks. Rich Brasch Water Resources Coordinator cc. Ismael Martinez -401 ■■•■r•-•-/Tr• ,,,r 7-7. .., • ••■••-■• ..t.. ...... % \ \ 1,ACHI51-.1 T ei rhit .. .ell - • •11.. 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V PARK . eL 1 - --., lam P-17 • ••••••••••prismommumemppa•••••••••■-rr 210=1"/.----• ATTACHMENT 2 SUMMARY OF PUBLIC INFORMATION MEETINGS FOR POND IMPROVEMENTS PONDS JP-20. 1, GP-1. 1 AND LP-32 .1 ATTACBMENT 2 TO: KEN VRAA, DIRECTOR DEPARTMENT OF PARKS AND RECREATION FROM: RICH BRASCH WATER RESOURCES COORDINATOR DEPARTMENT OF PARKS AND RECREATION RE: OUTCOME OF PUBLIC INFORMATION MEETINGS FOR PROPOSED IMPROVEMENTS TO PONDS GP-1. 1 AND JP-20. 1 DATE: NOVEMBER 19, 1993 I wanted to summarize for you the outcome of the public information meetings we held last night (Thursday, November 18) with residents adjacent to ponds GP-1. 1 and JP-20. 1 for which we have proposed pond improvement projects this winter. Ismael Martinez of Bonestroo, Rosene, Anderlik and Associates and I were the City representatives at the meetings. Pond GP-1. 1 Meeting Meeting notices and project information was sent to 26 residences adjacent to the proposed project area. Persons from four of the residences attended the public information meeting. I briefly reviewed the rationale for the project in the context of the City's water quality management plan, including the fact that the modifications were intended to remove pollutants from the stormwater before they could get to Bur Oak Lake. We mentioned that there would likely be some aesthetic benefit to this end of the ponding system because the proposed changes would reduce the area of the ponds subject to stagnation during certain periods of the year and reduce the scouring and re-suspension of bottom material by stormwater inflows that we have seen during field visits. We also alerted them that the disposal site adjacent to the pond would not be seeded until later in the spring, so the site could be rather messy until re-vegetation was completed. Issues that arose during the discussion and resulted in requests were the following: 1. The residents thought it desirable for us to notify all residents adjacent to the project area about when the machinery would enter the site. I'll see that this is done. 2 . They also wanted to know if wild flowers could be mixed in with the seed mixture used to re-vegetate the sediment disposal area. I'll look to C.J. and you for guidance on fulfilling this request. 1 3 . One resident mentioned a significant gully that had formed near the 30" pipe entering the ponding area from the south and requested that the gully be filled in. If neither you nor Tom Colbert have a problem with this, we'll include it as part of the project. 4 . They were all curious about the plans for a future trail around the south and east edge of the pond and wanted to know how to approach the City to request one. I told them that a process was set up to deal with such requests and asked them to contact you or your designee. 5. All the residents said they had been picking up a lot of trash, much of it within the park, that had been generated from construction in the area. They wanted to know if the City could make a one-time pick-up of the trash they have now. I told them I would check into it and get back to them. At the end of the meeting, all in attendance expressed their support for the project. Pond JP-20. 1 Meeting Meeting notices were sent to six residences along Trotter's Ridge whose lots back up to the proposed project area. Two residents showed up at the meeting and I've had telephone contact with another. I again provided a brief overview of the project in the context of the water quality plan, how it would benefit Bald Lake, and specifics about the construction aspects of the pond. We also covered impacts to woodland resources. City Forester Gregg Hove has completed a tree inventory of the site (a written summary of the results will be available shortly) which indicates that a maximum of four significant trees would be removed under the current construction plan. This represents about 6% of the significant trees identified in the inventory for the site. This information was reviewed with the residents and they felt the tree loss was well within what they considered acceptable. The major issue that arose during the meeting-and on which we spent considerable time-was the conceptual plan for the proposed trail. One resident in particular was very opposed to the trail because he asserted it would have a severe impact of the wildlife of the area. I discussed the fact that while the trail and the pond were for the most part two separate issues, the current plan did call for using some of the fill excavated from the enlarged ponding area to create a grade to accommodate a future trail of some type. He had noted that as well in his review of the plans and mentioned that while he was in favor of the pond work proposed, he was very concerned about that aspect of the project that would begin to lay the physical groundwork for a trail to which he opposed. I told him I would 2 1 . , . , ■ discuss with you how to address his concerns. He also wanted to be notified in advance the next time the project will be heard by the City Council. In summary, the tree impacts associated with the proposed pond work appear minimal and well within the City's tree preservation guidelines, and the proposed pond work is not opposed by any of the adjacent residents notified. The principal contentious issue has to do with the trail proposal and we will need to decide how to address this issue. I'll contact you on Monday to set up a time to review these issues with you if you think it appropriate. Thanks, Ken. Rich Brasch Water Resources Coordinator cc. Tom Colbert Ismael Martinez 3 • TO: KEN VRAA, DIRECTOR DEPARTMENT OF PARKS AND RECREATION FROM: RICH BRASCH, WATER RESOURCES COORDINATOR DEPARTMENT OF PARKS AND RECREATION RE: OUTCOME OF PUBLIC INFORMATION MEETING FOR PROPOSED IMPROVEMENTS TO PONDS LP-32.1 DATE: NOVEMBER 27, 1993 Following is a summary of the outcome of the public information meeting held for the above-referenced pond improvement project. The meeting was held on Sunday, November 21 at the home of one of the residents adjacent to Pond LP-32. 1. Mark Hansen from Bonestroo, Rosene, Anderlik and Associates joined me at the meeting to address construction-related issues. Meeting notices were sent to 11 residences around the pond and included both residents whose property extends into the pond and those who simply live adjacent to the pond. Persons from 4 residences attended the public meeting, including the two residents on either side of the easement we intend to use for access to the pond. One person, a new resident of the neighborhood, attended the meeting who had evidently not received a meeting notice and who owned property that extended into the pond. I discussed the rationale for the project in the context of the City's water quality management objectives and the Schwanz Lake Diagnostic Feasibility Study and Implementation Plan, including the phosphorus removal aspects of the plan. We discussed the proposed design for the pond, which incorporated a nesting island that they had requested at our last meeting in October 1992. We also discussed the proposal to put a skimmer on the outlet and the benefits of this structure in preventing outlet plugging, the depth configuration of the pond, and the need to remove box elder and willow that had grown over the outlet pipe. We discussed the fact that construction activities would be messy and noisy and re- vegetation would not occur until sometime in early summer. Finally, we discussed the uncertainties associated with getting the project off the ground, including how reasonable the bids would be and wetlands permitting aspects. No contentious issues arose from these discussions. In fact, the residents seemed very supportive of the proposals and the temporary inconvenience it would entail, since the pond is currently shallow and overgrown with emergent vegetation and the neighborhood desires to open up the pond to create a more visually appealing feature. The issue of greatest interest and concern was that of access and the potential risk associated with heavy equipment use on the foundations of homes on either side of the easement. Mark Hansen acknowledged that there was risk, but that the risk would be minimized somewhat by doing the work on frozen ground. He said he would bid the project to preserve the option of either loading the excavated material directly into trucks at the pond or having the material moved to the curb before loading in order to reduce heavy truck traffic on the easement. In addition, I've asked him to consider several other requirements to minimize the risk of foundation impact (partial load requirements, speed limits, etc. ) as a result of our conversation earlier this week. While the residents on either side of the easement were still concerned about the risk, they realize that this easement is the most logical one to use and did not object to its use as long as precautions were taken to protect their homes and the impacted areas were restored. In summary, the project appears acceptable to the residents as proposed but there are still concerns about the impact of use of the easement on home foundations. We will try to minimize these risks as much as reasonably possible. Pleas let me know if you have any questions. Thanks. Rich Brasch Water Resources Coordinator cc. Mark Hansen, BRA AN ATTACHMENT 3 WETLANDS CONSERVATION ACT REPLACEMENT PLAN PROPOSAL PONDS JP-20.1 AND LP-32.1 NA-02620.01 OCA - T: - F •ERA WA t - 'ESOUR i-OJE OTIFICA • a:a. a 1•.. •i., Use this form to notify/apply to the U.S.Army Corps of Engineers,the Minnesota Department of Natural Resources,and your Local Government Unit of a proposed water/wetland project or work which may fall within their jurisdiction. These agencies should advise you of their jurisdiction or permit requirements within 45 days. Some LGU's may also require submission of their own application forms. Fill out this form completely and mail •copy, with plans,maps. etc.to each of the agencies listed on the reverse of the form. Keep a copy for your records. YOU MUST OBTAIN ALL REQUIRED AUTHORIZATIONS BEFORE BEGINNING WORK. AGENCY USE ONLY: LGU NUMBER: MDNR NUMBER: CORPS NUMBER:, I. Applicant's Name(Last, Rrst, M.I.) Authorized Agent,if any Area Code, Telephone City of Eagan, Minnesota Richard G. Brasch (� t7 ) 681-4300 Address(Street. RFD, Box Number, City, State, Zip Code) • 3501 Coachman Pt. Eagan, MN 5517 11. Location of proposed project(attach drawing showing how to get to site) COUNTY QUARTER SECTION(s) SECTIONS(s) No. TOWNSHIP(s)No. RANGE(s)No. Lot, Block. Subdivision Dakota NE 23 27N 79W FIRE No., BOX No., OR PROJECT ADDRESS NAME OF WATERBODY AFFECTED and NUMBER (IF KNOWN) Unnamed , III. ESTIMATED PROJECT COST: $ 25,000.00 LENGTH OF SHORE AFFECTED (in feet): X00 ft IV. VOLUME OF FILL OR EXCAVATION (Cubic Yards): Exc. 1800 yds. Fill 350 yds. WOTE: You may substitute dimensions) AREA FILLED OR EXCAVATED IS Acres, OR Square Feet Exc. 17,000 ft2 Fill 1800 ft.2 V. TYPE OF WORK AND AREA (CHECK ALL THAT APPLY): ❑ ACCESS PATH ❑ BRIDGE ❑ CULVUtT ❑ DAM ❑CONSTRUCT ❑ DRAIN aEXCAVATE ❑ DCCX ❑ RIPRAP ❑ SANOBIANKET 2 at, ❑REMOVE ❑ REP AIR ❑ LAKE ❑ SHORELINE ❑WATERWAY E OTHER (DESCRIBE): WETLAND TYPE(S) AND ACREAGE(S)PROPOSED TO FILLED/DRAINED: 1800 ft.2 of Type TV wet 1 and Attach applicable drawings, plans, and ASCS crop photos. Inclu e a description of any proposed compensatory mitigation. Important: Identify env disposal and borrow areas, Describe the work below: how it would be done; what equipment would be used. See attached narrative VI. PROJECT PURPOSE (why is this project needed—what benefits will it provide?): See attached narrative VII. ALTERNATIVES (describe any other sites or methods that could be used to achieve the purpose of your project while avoiding or minimizing wetland/water impacts: Attach additional sheets,if needed). See attached narrative VIII. DATES: Proposed start of activity: January 3, 1994 Proposed completion: March 1, 1994 (Identify any completed work on an attached drawing) IX. ADJOINING PROPERTY OWNERS (Attach list if more than two) See cached list Name Address city State Zip X. PERMITS have been received (enter an$)or already applied for(enter an, )from: _DNR A ARMY CORPS OF ENGINEERS COUNTY A TOWN/Cmr _WATERSHED DISTRICT _MN PoLurnoN CONTROL AGENCY- Has an archaeological survey of the project site been done? NO If so.by whom:, I hereby notify the recipients of this form of the project proposed herein and request that I be advised of any permits or other determinations concerning this prole that I obtain. I understand that proceeding with work before all required authorizations are obtained may subject me to Federal.State,and ad adv.,ci /or criminal penalties. / DATE: it/IV?3 Signature of Person Proposing Project or Agent <<< PLEASE CAREFULLY READ AND COMPLETE BACK OF FORM>>> (n • . ,n ,nI\ WETLAND PROJECT NOTIFICATION FORM AND APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT (Pond JP-20. 1 Designation by City of Eagan) Introduction This permit application is submitted by the City of Eagan to modify a somewhat degraded wetland located in NE 1/4 Section 23 Township 27N Range 23W. The purpose of the project submitted for approval is to enhance several of the wetland's functional values and therefore increase off-site as well as on-site benefits. The location of the proposed project is shown in Attachment 1. The wetland project lies entirely within property owned by the City of Eagan. The following sections provide additional narrative where it is needed for specific sections in the Project Notification/Application Form. Background Prior to 1987 , Pond JP-20 . 1 was an internally drained isolated Type 4 wetland with a total drainage of approximately 5 acres and no natural outlet. The primary land use in the watershed was open and agricultural land. In July 1987 , the City of Eagan incorporated the wetland into the city storm sewer system. This incorporation expanded the effective drainage area of the basin to its present size of 46 acres. The drainage basin land use is now a combination of single family residential, school grounds and athletic fields, and agricultural use. Eventually, the agricultural use will be converted to single family residential use. An outlet has also been installed from the wetland. Discharge from the wetland now enters Bald Lake (DNR protected water 19-61P) through this branch of the storm sewer system. The wetland was delineated on October 29 , 1993 by water resources management staff from the City of Eagan and the delineations were checked and approved by staff from the Dakota County Soil and Water Conservation District who are involved in the administration of the Minnesota Wetlands Conservation Act. The delineation was made according to the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (1989) . V. Type of Work and Area The applicant is proposing to excavate a portion of this .49 acre Type 4 wetland to increase its wet pond volume. In addition, the wetland would be expanded to the south into what is presently non- wetland area. Finally, the proposed work would also involve creation of a sub-surface berm to form a two-cell wetland to enhance water quality treatment functions. The total area of the 1 enlarged wetland basin is estimated to be . 77 acres and the total amount of excavation is estimated to be about 1, 800 cubic yards within the existing delineated wetland area and about 500 yards in the upland area adjacent to the south edge of the existing wetland. The applicant would like to excavate the wetland in such a way that material already in the wetland would be left in place to serve as the subsurface berm. However, it is probable that this material will not be of sufficient stability to serve this purpose. Therefore the applicant would like to reserve the option of placing up to 350 cubic yards of fill in the wetland to create this feature. If this fill is necessary, the fill would be capped with hydric soil to provide a growth medium for hydrophytic vegetation. Because the Minnesota Wetlands Conservation Act requires replacement for any wetland fill, the applicant proposes to meet the replacement obligation for the proposed fill using the portion of the pond that would be expanded into the present upland area. The maximum area of proposed fill is 1750 square feet, while the area of additional ponding that would be created is 4, 800 square feet. Action on project approval is expected to be taken under the interim rules of the WCA, which require replacement of filled wetlands at a 1: 1 surface area ratio. The proposed modification of the Pond JP-20 . 1 wetland would take place after water level drawdown in January 1994 . This time period has been chosen for the work because there is expected to be very little runoff flowing into the pond, either through the storm sewer system or overland. Thus the potential for problems with turbidity would be reduced. Sediment removal activities at his time of the year would minimize the impact of those activities on wildlife use of the pond, since the activities would avoid those times of the years when nesting, rearing, or substantial migrations would occur. The work would probably be accomplished by drawing down the small amount of standing water in the pond and using the frozen pond bottom as a pad from which to operate a track-mounted backhoe to remove the material. Trucks will haul the material away and dispose of it on an upland site. The disposal area is approximately 1. 5 miles southwest of the proposed project lies southwest of the intersection of Lexington and Diffley Roads in Eagan on upland property owned by the City of Eagan (Attachment 1) . A grading plan reflecting the configuration of the modified pond is shown on Attachment 2 . VI. Project Purpose and Benefits The purpose of the proposed project is to protect and improve water quality in Bald Lake (DNR protected water 19-61P) . Bald Lake is one of 17 water bodies identified in the Eagan Water Quality Management Plan as Class II indirect contact recreation. It is 2 • • also designated in the plan as among the top 30 water bodies in Eagan on which long-term enhancement should be focused. Based on in-lake sampling conducted by the City of Eagan in 1992 , the lake fails to meet the water quality criteria necessary for it to support indirect contact recreation uses. Watershed and lake modeling as well as field observations indicate that the main source of pollutants to Bald Lake is through the storm sewer system. At present, the branch of the storm sewer system that incorporates the subject wetland is the only storm drain that discharges runoff from impervious areas to the lake. While some overland drainage to the lake occurs, modeling indicates that about 75% of the phosphorus entering the lake comes through this branch of the storm system. This project would reduce phosphorus loading to Bald Lake under existing watershed conditions by about 30% and decrease phosphorus concentrations in Bald Lake by at least 16%. In addition, it will also help mitigate the impacts on Bald Lake associated with the proposed Gardenwood Ponds residential development to the west of the lake. Approximately 6 acres of that development will drain directly to the branch of the storm sewer system that incorporates the wetland associated with Pond JP-20. 1. Runoff from the remainder of the development draining to Bald Lake will be treated by detention basins before discharge to the lake. Attachment 3 is the water quality classification map from the City of Eagan's water quality management plan and shows the location of Pond JP-20. 1 and Bald Lake in the City storm sewer system. VII. Alternatives While the City is placing a heavy emphasis on non-structural alternatives like public education to reduce pollutant loads to the storm sewer system, the magnitude of the reduction desired to improve water quality in Bald Lake is too large to rely on these measures alone. Further, the location of any structural projects to reduce loading through the storm drainage system are limited by the location of the storm pipes themselves. XI. Adjoining Property Owners Attachment 4 is a list of the adjoining property owners. The applicant held a public information meeting for these property owners on November 18, 1993 . No comments opposing the wetland modification project have been received or expressed by any of the residents. Request for Finding of No Significant Impact-COE The City of Eagan recognizes that the Corps may view any proposed wetland modification as a potential adverse impact which would therefore be regulated under Section 404 . However, based on the 3 •r ' foregoing analysis, the City submits that the proposed activity will not adversely affect the wetland classification or functional values of the subject basin. Rather, this proposal has been developed to improve important functional values of the subject basin and thus decrease degradation of water quality in other water bodies in the watershed. 4 NA-02620-01 OCA - T_ L - FEDERA WA i-' RESOUR • 'WE OTIFICAT1ON t •:. Use this form to notify/apply to the U.S.Army Corps of Engineers,the Minnesota Department of Natural Resources,and your Local Government Unit of a proposed water/wetland project or work which may fall within their jurisdiction. These agencies should advise you of their jurisdiction or permit requirement's within 45 days. Some LGU's may also require submission of their own application forms. Fill out this form completely and mail a copy. with plans, maps, etc.to each of the agencies listed on the reverse of the form. Keep a copy for your records. YOU MUST OBTAIN ALL REQUIRED AUTI.(ORIZATIONS BEFORE BEGINNING WORK. AGENCY USE ONLY: LGU NUMBER: MDNR NUMBER: CORPS NUMBER: I. Applicant's Name (Last, First, M.I.) Authorized Agent, if any Area Code,Telephone City of Eagan, Minnesota Rich and G . Brasrh ( 61P 681-4300 Address(Street. RFD, Box Number, City, State.Zp Code) 3501 Coachman Point Eagan, Minnesota 55122 II. Location of proposed project(attach drawing showing how to get to site) COUNTY QUARTER SECTION(s) SECTIONS(s)No. TOWNSHIP(s) No. RANGE(s) No. Lot, Block, Subdivision Dakota NE 1/4 26 77N 7 ?w FIRE No.,BOX No., OR PROJECT ADDRESS NAME OF WATERBODY AFFECTED and NUMBER (IF KNOWN) Unnamed III. ESTIMATED PROJECT COST: $ 15 , 000 LENGTH OF SHORE AFFECTED (in feet): 400 Feet IV. VOLUME OF FILL OR EXCAVATION (Cubic Yards): Exc - 1070 yd. Fill-200 y d(NOTE:• You meysubstitute dimensions) AREA FILLED OR EXCAVATED IS Acres, OR Square FeetExc - 9200 f t Fill-1600 f.. V. TYPE OF WORK AND AREA(CHECK ALL THAT APPLY): ❑ ACCESS PATH ❑ BRIDGE ❑ CULVERT ❑ DAM ❑ CONSTRUCT ❑ DRAIN Ii EXCAVATE ❑ DOCK ❑ RIFRAP ❑ SANOBLANKET ❑REMOVE ❑REPAIR, ❑ LAKE ❑SHORELINE ❑WATERWAY WETLAND OTHER (DESCRIBE): WETLAND TYPE(S) AND ACREAGE(S)PROPOSED TO BE FILLEDiDKAIMIC 1600 f t 2 of Tvoe IV wetland Attach applicable drawings, plans,and ASCS crop photos. Include a description of any proposed compensatory mitigation. Important: Identify any disposal and borrow areas. Describe the work below: how it would be done; what equipment would be used. See Attached Narrative VI. PROJECT PURPOSE (why is this project needed-what benefits will it provide?): See Attached Narrative VII. ALTERNATIVES (describe any other sites or methods that could be used to achieve the purpose of your project while avoiding or minimizing wetland/water impacts: Attach additional sheets,if needed). See Attached Narrative VIII. DATES: Proposed start of activity: January 15 , 1994 Proposed completion: March 1, 1994 (Identify any completed work on an attached drawing) IX. ADJOINING PROPERTY OWNERS (Attach list if more than two) See Attached List Name Address City State Zp X. PERMITS have been received (enter an$) or already applied for(enter an A)from: _DNR A 'ARMY Cows OF ENGINEERS CouNTY A TowN/CTrY —WATERSHED DISTRICT _MN POLLUTION CONTROL AGENCY Has an archaeological survey of the project site been done? No If so,by whom: I hereby notify the recipients of this form of the project proposed herein and request that I be advised of any permits or other determinations concerning this pro ct that I must obtain. I understand that proceeding with work before all required authorizations are obtained may subject me to Federal.State, or local• alive civil and/or criminal penalties. / .-• DATE: /fla y' coy Signature of Person Proposing Project or Agent <<< PLEASE CAREFULLY READ AND COMPLETE BACK OF FORM>>> (Revised 10/93) WETLAND PROJECT NOTIFICATION FORM AND APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT (Pond LP-32 . 1 Designation by City of Eagan) Introduction This permit application is submitted by the City of Eagan to modify a somewhat degraded wetland located in the NE 1/4 Section 26 Township 27N Range 23W in Dakota County. The purpose of the project submitted for approval is to enhance several of the wetlands functional values and therefore increase off-site as well as on-site benefits. The location of the proposed project is shown in Attachment 1. The following sections provide additional narrative where it is needed for specific sections in the Project Notification/Application Form. Background Prior to 1982 , Pond LP-32 . 1 was an internally drained isolated Type 4 wetland with a total drainage of approximately 11. 5 acres and no natural outlet. The primary land use in the watershed was open and agricultural land. In August 1982 , the City of Eagan incorporated the wetland into the city storm sewer system. This incorporation expanded the effective drainage area of the basin to its present size of 22 acres. The drainage basin land use is now completely single family residential. An outlet has also been installed. Discharge from the wetland now enters Schwanz Lake (DNR protected water 19-63W) through this branch of the storm sewer system. The wetland is currently designated as a treatment basin in the City's water quality management plan. The wetland was delineated on October 29, 1993 by water resources management staff from the City of Eagan and the delineations were checked and approved by staff from the Dakota County Soil and Water Conservation District who are involved in the administration of the Minnesota Wetlands Conservation Act (WCA) . The delineation was made according to the Federal Manual For Identifying and Delineating Jurisdictional Wetlands (1989) . V. Type of Work and Area The applicant is proposing to excavate a portion of this .25 acre wetland. The maximum area of proposed excavation would be . 21 acres and the maximum volume of excavation proposed is approximately 1070 cubic yards. The proposed work would also involve creation of a nesting island just off the south shore of the wetland and creation of a submerged berm to direct flow within the wetland to improve the wetland's efficiency at removing phosphorus from stormwater from a 22 acre urbanized drainage that 1 currently discharges to it through a stormsewer network. The applicant would like to excavate the wetland in such a way that material already in the wetland would be left in place to form most of the nesting island and berm. However, it is probable that this material will not be of sufficient stability to serve these purposes. Therefore, the applicant would like to reserve the option of placing up to 200 cubic yards of fill in the wetland to create these features. The area to be filled is approximately 1, 600 square feet. If this fill is necessary, it would be capped with hydric soil to provide a growth medium for hydrophytic vegetation. Because the Minnesota Wetlands Conservation Act requires replacement of wetland for any wetland fill, the applicant proposes to meet the replacement obligation for the proposed fill using a pond (designated by the City of Eagan as JP-20. 1) that is proposed for expansion to protect Bald Lake (DNR protected water 19-61P) . The proposed expansion in the surface area of the Pond JP-20 . 1 wetland is estimated at 4 , 800 square feet, of which 1750 square feet will be used to satisfy possible replacement obligations associated with creating a submerged berm in JP-20. 1. The remaining 3 , 050 square feet is proposed as replacement for the 1, 600 square feet of possible wetland fill for work in the Pond LP- 32 . 1 wetland covered by this application. The general location of the proposed replacement area is shown on Attachment 1. Action on project approval is expected to be taken under the interim guidelines of the WCA, which allows replacement of wetland at a 1: 1 surface area ratio. The proposed modification of the Pond LP-32 . 1 wetland would take place after water level drawdown in January 1994 . This time period has been chosen for the work because there is expected to be very little runoff flowing into the pond, either through the storm sewer system or overland. Thus the potential for problems with turbidity would be reduced. Wildlife use of the pond appears very light because of the relatively close proximity of residences and the fact that there are no natural corridors which connect this area to other areas which support substantial use by wildlife. Never-the- less, sediment removal activities at his time of the year would minimize the impact of those activities on any occasional wildlife use of the pond, since the activities would avoid those times of the years when nesting, rearing, or substantial migrations would occur. The work would be accomplished by drawing down the small amount of standing water in the pond and using the frozen pond bottom as a pad from which to operate a track-mounted backhoe to remove the material. Trucks will haul the material away and dispose of it on an upland site. The disposal and borrow areas would be approximately 1 mile west of the wetland, and southwest of the intersection of Lexington and Diffley Roads in Eagan on upland property owned by the City of Eagan (Attachment 1) . 2 • A grading plan reflecting the configuration of the modified pond is shown on Attachment 2 . VI. Project Purpose and Benefits The purpose of this project to help improve the water quality in Schwanz Lake (DNR Protected Water 19-63W) . Schwanz Lake is one of six lakes identified in the City of Eagan Water Quality Management Plan as intended to have water quality good enough to support direct contact recreation activities. It is also identified in the plan as the fourth highest priority among over 350 water bodies in Eagan for long-term enhancement efforts. A Diagnostic/Feasibility Study and Implementation Plan completed under the Minnesota Pollution Control Agency's Cleanwater Partnership Program in 1992 indicated that modification of the Pond JP-32 . 1 wetland was the highest priority remedial measure to decrease loadings of phosphorus to Schwanz Lake which are currently causing eutrophication problems in the lake. The wetland proposed for excavation has been incorporated into the City storm sewer system since 1982 and currently receives runoff from about 22 acres of single family residential development and discharges this runoff directly to Schwanz Lake. Both modeling and runoff monitoring during the course of the D/FS study showed this branch of the storm sewer system to contribute the highest load of phosphorus to Schwanz Lake. Deepening this wetland is expected to reduce by about 9% the load of phosphorus reaching the lake from the watershed. The proposed project may also produce some wildlife benefits because the wetland fringe will be maintained and an isolated nesting island would be created, though it should be noted that the wetland is currently surrounded entirely by residences and is isolated from other habitat areas. Attachment 3 is the water quality classification map for the City of Eagan's water quality management plan and shows the location of LP-32 . 1 and Schwanz Lake in the City storm sewer system. VII. Alternatives Numerous other alternatives to accomplish the same general purpose of reducing nutrient loading to Schwanz Lake were evaluated as part of the diagnostic feasibility study. While a heavy emphasis is place on non-structural alternatives like public education and street and sewer maintenance, the magnitude of reduction needed to achieve the desired water quality goals for Schwanz Lake is too large to use these means alone. Attachment 4 contains excerpts from the D/FS report that show the alternatives that were considered. XI. Adjoining Property Owners 3 • Attachment 5 is a list of the adjoining property owners. The City owns a drainage and utility easement which covers the proposed work area and access corridor. In addition, the City has met with the property owners on two occasions, once on October, 4 1992 to discuss in general terms the project proposal and again on November 21, 1993 to discuss the detailed pond modification plan and the proposed construction methods. Based on these meetings, the applicant understands that the owners of the adjoining properties support the project. Request for Finding of No Significant Impact-COE The City of Eagan recognizes that the Corps may view any proposed wetland modification as a potential adverse impact which would therefore be regulated under Section 404 . However, based on the foregoing analysis, the City submits that the proposed activity will not adversely affect the wetland classification or functional values of the subject basin. Rather, this proposal has been developed to improve important functional values of the subject basin and thus decrease degradation of water quality in other water bodies in the watershed. 4 ATTACHMENT 4 WETLANDS CONSERVATION ACT EXEMPTION REQUEST POND GP-1.1 XA-0262401 OCA - FEDERA WA - RESOURCE It'WE 0 FICATION L ii. I 114► • Use this form to notify/apply to the U.S. Army Corps of Engineers, the Minnesota Department of Natural Resources,and your Local Government Urit of a proposed water/wetland project or work which may fall within their jurisdiction. These agencies should advise you of their jurisdiction or permit requirements.within 45 days. Some LGU's may also require submission of their own application forms. Fill out this form completely and mail a copy, with plans, maps, etc. to each of the agencies listed on the reverse of the form. Keep a copy for your records. YOU MUST OBTAIN ALL REQUIRED AUTHO,iIZATIONS BEFORE BEGINNING WORK. AGENCY USE ONLY: LGU NUMBER: MDNR NUMBER: CORPS NUMBER: • I. Applicant's Name (Last, First, M.I.) Authorized Agent, if any Area Code,Telephone City of Eaaan fli chars (, R-r ,-h 12) 681-4300 Address(Street, RFD, Box Number, City, State,Zp Code) 3501 Coachman Point Eaaan , MN 55172 !I. Location of proposed project(attach drawing showing how to get to site) COUNTY QUARTER SECTION(s) SECTIONS(s) No. TOWNSHIP(s) No. RANGE(s)No. Lot, Block, Subdivision Dakota NE1/4 26 27N 23W FIRE No., BOX No., OR PROJECT ADDRESS NAME OF WATERBODY AFFECTED and NUMBER (IF KNOWN) Unnamed III. ESTIMATED PROJECT COST: $ 25 , 000 LENGTH OF SHORE AFFECTED (in feet): IV. VOLUME OF FILL OR EXCAVATION (Cubic Yards): EXC;. 35 , 000 yd. 3 Fill 470 3WOTE:: You may substitute dimensions) AREA FILLED OR EXCAVATED IS Acre', OR Square Feet y . FNzr ngnnn -F+- 2 Fill 2,500 V. TYPE OF WORK AND AREA (CHECK ALL THAT APPLY): ❑ ACCESS PATH ❑ BRIDGE ❑ CULVERT ❑ DAM ❑ CONSTRUCT ❑ DRAIN AEI EXCAVATE ❑ Do0C ❑ RIPRAP ❑ SANDBIANCET j]Elk ❑ REMOVE ❑ REPAIR ❑ LAKE ❑SHORELINE ❑ WATERWAY ®WETLAND OTHER (DESCRIBE): WETLAND TYPE(S)AND ACREAGE(S)PROPOSED TO BE FILLED/DRAINED: 2,500 ft2 of ^tj 77 wetland Attach applicable drawings, plans. and ASCS crop photos. Include a description of any proposed compensatory mitigation. Important: Identify any disposal and borrow areas. Describe the work below: how it would be done; what equipment would be used. See attached narrative VI. PROJECT PURPOSE (why is this project needed—what benefits will it provide?): See attached narrative VII. ALTERNATIVES (describe any other sites or methods that could be used to achieve the purpose of your project while avoiding or minimizing wetland/water impacts: Attach additional sheets,if needed). See attached narrative VIII. DATES: Proposed start of activity: Jantry 15, 1994 Proposed March 15, 1994 • (Identify any completed work on an attached drawing) IX. ADJOINING PROPERTY OWNERS (Attach list if more than two) See attached list Name Address City ' State Zip X. PERMITS have been received (enter an B)or already applied for(enter an A)from: A DNR A ARMY CORPS OF ENGINEERS _COUNTY TowN/CITY —WATERSHED Diana _MN PoLLLMON CONTROL AGENCY Has an archaeological survey of the project site been done? No If so,by whom: I hereby notify the recipients of this form of the project proposed herein and request that I be advised of any permits or other determinations concerning this project that I must obtain. I understand that proceeding with work before all required authorizations are obtained may subject me to Federal.State,an local ad adv.,civil and/or criminal penalties. DATE: ///2 1//�r3 Signature of Person Proposing Project or Agent <<< PLEASE CAREFULLY READ AND COMPLETE SACK OF FORM>>> r0—;,„a iniall WETLAND PROJECT NOTIFICATION FORM AND REQUEST FOR WETLAND REGULATORY AGENCY FINDINGS (Pond GP-1. 1 Designation by City of Eagan) Introduction This notification is submitted by the City of Eagan regarding a proposal to modify a basin located in the SE 1/4 Section 12 Township 27N Range 23W. The purpose of the project submitted for review is to improve several of the basin's functional values and therefore increase off-site as well as on-site benefits. The location of the proposed project is shown in Attachment 1. The following sections provide additional narrative where it is needed for specific sections in the Project Notification Form. Background The area within which this work is proposed was created as a detention basin to treat water from the City's storm sewer system prior to discharge to Bur Oak Pond (protected water 19-259W) . Information available from topographic maps and aerial photos indicates that after the diversion of stormwsewer discharge to this area starting in 1986, a surface water connection was formed between this area and the protected water known as Bur Oak Pond to the north. Documentation for this contention is provided in Attachments 2-4 . Attachment 2 is a copy of a 1963 topographic map from the City of Eagan's Public Works Department showing the location of a wetland just north of the proposed project work area. Attachment 3 is a copy of a 1990 topographic map of the same area showing the present configuration of the ponds and detention basin in this area. Attachment 4 is a copy of a composite map superimposing the created detention basin shown on the 1990 topographic map on the natrual pond and wetland area shown in the 1960 topo map. The red line outlines the surface water elevation of the wetland in April 1963 when the aerial photography was conducted for this map series. The heavier black line is the next 2-foot contour above the water surface elevation and probably represents a reasonable estimate of the elevation of a wetland edge associated with this feature. Finally, the location of the present detention basin within which excavation is proposed is outlined in yellow. From this information, the applicant contends that the detention basin is well outside the likely wetland boundary shown in the 1963 topographic map. In addition, Attachment 5 shows the grading/excavation plan for the stormwater pond. Pond excavation was approved as part of the drainage, grading, and erosion control plan for the Bur Oak Hills development, which was given final plat approval by the Eagan City Council in April 1987 . 1 Because of the introduction of stormwater and the excavation to create the wetland, wetland characteristics have now developed in and around the detention basin. The limits of this wetland were delineated on October 29, 1993 by water resources staff from the City of Eagan and checked and approved by staff from the Dakota County Soil and Water Conservation District who are involved in the administration of the Minnesota Wetlands Conservation Act. The delineation was made according to the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (1989) . V. Type of Work and Area The applicant is proposing to excavate about . 64 acres of this detention basin. The excavation would occur in three different areas of the basin and the total volume excavated is estimated at 3 , 500 cubic yards. In addition, the proposed work would involve creation of two submerged berms. Finally, a dike that currently separates this detention cell from a pond to the north would be modified slightly by filling the existing opening in the dike and excavating another in a different location. All improvements are intended to improve the detention basin's efficiency at removing pollutants from stormwater which drains to this ponding area through a storm sewer system serving a 580 acre watershed which is urbanizing rapidly. The current project proposal calls for placing up to 470 cubic yards of fill in the basin to create the berms. The total area affected by the fill is estimated at 2 , 500 square feet. The fill would be capped with hydric soil to provide a growth medium for hydrophytic vegetation. The basin bottom would be reconfigured after water level drawdown in January 1994 . This time period has been chosen for the work because there is expected to be very little runoff flowing into the pond, either through the storm sewer system or overland. Thus, the potential for problems with turbidity would be reduced. In addition, sediment removal activities at this time of the year would minimize the impact on any wildlife use of the pond, since the activities would avoid those times of the year when nesting, rearing, or substantial migrations would occur. The work would be accomplished by isolating this cell of the pond network, then pumping to drawdown the water level in the pond approximately 1. 5 feet and using the ice resting on the bottom of the pond as a pad from which to operate a track-mounted excavator to remove the material. The material will then be spread to a depth of not more than 3 feet and smoothed by a bulldozer. A 20- foot buffer will be maintained between the edge of the wetland and the edge of the disposal site, and berming may be used if down- slope drainage of the excavated material is a problem. Seeding of the area will take place in the spring. The disposal and borrow areas would be on upland areas adjacent to the wetland and owned by 2 the City of Eagan. A grading plan reflecting the configuration of the modified pond and the disposal area is shown on Attachment 6. VI. Project Purpose and Benefits The purpose of this project to help improve the water quality in Bur Oak Pond (DNR Protected Water 19-259w) . Bur Oak Pond is one of 17 lakes and ponds identified in the City of Eagan Water Quality Management Plan as intended to have water quality good enough to support indirect contact recreation activities. It is also designated in the plan as the 13th highest priority among over 350 water bodies for long-term enhancement efforts. In-lake sampling results from 1992 indicate that the water quality of Bur Oak Pond currently meets standards for indirect contact recreation. However, that portion of the Bur Oak Pond watershed that discharges runoff first to the detention basin proposed for excavation is undergoing rapid development. In addition, erosion from the developments in the direct drainage of this detention basin has resulted in deposition of sediment in the basin. The proposed project is intended to remove this sediment and further enhance the removal characteristics of the basin to minimize degradation of water quality in Bur Oak Pond that could be caused by future development of the watershed. City water resources staff estimate that the proposed project will decrease by a minimum of 10% the phosphorus load reaching Bur Oak Pond under existing conditions. Attachment 7 is the water quality classification map for the City of Eagan's water quality management plan and shows the location of Pond GP-1. 1 and Bur Oak Pond in the storm drainage network. VII. Alternatives While the City is placing a heavy emphasis on non-structural alternatives like public education to reduce pollutant loads to the storm sewer system, the large watershed/lake area ratio of Bur Oak Pond (about 100: 1) means that structural measures will also be needed. This is particularly true because a significant percentage of the basin (over 60%) is commercial and industrial. The location of those activities associated with modification of the infrastructure are dictated by the location of the storm pipes and ponding areas themselves. XI. Adjoining Property Owners Attachment 8 is a list of the adjoining property owners. The • applicant held a public information meeting for these property owners on November 18, 1993 regarding the proposed project. No 3 4 comments opposing the project have been received or expressed by any of the residents. Request for Finding of No Significant Impact-COE Based on the foregoing analysis, the City submits that the proposed work affects only a detention basin that has taken on wetland characteristics and may not be subject to regulation under Section 404 . Rather, this project has been proposed to improve the water quality function of the subject basin and thus decrease degradation of water quality in other water bodies in the watershed. Request for Exemption Determination Under the Wetlands Conservation Act-City of Eagan The Wetlands Conservation Act exempts from regulation under the Act "impoundments or excavations constructed in non-wetland areas solely for the purpose of effluent treatment, storm water retention, soil and water conservation practices, and water quality improvements, and not as part of a compensatory wetland mitigation process that may, over time, take on wetland . " characteristics . (Exemptions Users Guide, Exemption 10iii on page 8-9 "Incidental Blockage") Based on the documentation submitted, a determination that the proposed action is covered under Exemption 10iii is requested. Request for Determination of Protected Water Status-DNR The project sponsor is requesting a determination from the Minnesota Department of Natural Resources whether the subject detention basin is part of Protected Water 19-259w. 4