08/23/1996 - City Council Public Works Committee AGENDA
Public Works Committee
Meeting
Friday, August 23, 1996
9:00 A.M. Municipal Center
I. Call To Order/Adopt Agenda
II. Eagandale Corporate Center - Special Assessment Credit
III. Adjourn
II. EAGANDALE CORPORATE CENTER- SPECIAL ASSESSMENT CREDIT
ISSUE
Mr. Jack Hoeschler representing Maplewood Acres Incorporated has requested the City of Eagan
to credit trunk area assessment obligation for newly created wetlands being constructed as mitigation
for filling existing wetlands within the above referenced subdivision. This request was presented to
the City Council at their meeting of August 20, 1996 and subsequently forwarded to the Public
Works Committee for review and recommendation.
BACKGROUND
In September of 1995, the City Council approved a preliminary subdivision for the Eagandale
Corporate Center consisting of 200 acres located in the northeast corner of Lexington Avenue and
Yankee Doodle Road. The petitioner has made an application for final plat approval for the north
120 acres. A portion of this property has previously been assessed for trunk area utilities. The
remaining unassessed portion will be collected under the terms and conditions of the Development
Contract Agreement. In calculating trunk area obligations on new plats, the City deducts all
dedicated public right-of-way and ponding easements. The development proposal plans to fill in some
existing wetlands for which he must provide replacement wetlands as mitigation on a 2:1 ratio. Some
of the mitigation replacement wetlands will be located within the area, where previous trunk area
assessments have been calculated. However, because there was no easement previously dedicated
for the proposed relocated mitigation wetlands, trunk area assessments were calculated and levied
on what was then the net assessable area. The developer is requesting that the expansion of the
easement to incorporate the mitigation wetlands be credited against the new net area calculation for
trunk area assessment obligations.
This request in essence is requesting a rebate for previously levied trunk area assessments at today's
current rate based on newly created wetlands. There has been no precedence in the past for such a
credit being provided. Since the development and adoption of the City's Water Quality Management
Plan, the vast majority of all new developments are dedicating water quality treatment basins which
is identical to the mitigation wetlands being provided. If this request is approved, directions should
be given to staff as to whether this should be considered precedence setting and applicable to all
future situations. As net assessable areas are reduced, the rate per acre may have to be increased to
generate the same amount of funds necessary to accommodate the Comprehensive Storm Water
Management and Water Quality Control Plans.
DISCUSSION/RECOMMENDATION
' 08/20, 1996 13:54 3379220 JOHN G HOESCHLER PAGE 02
John G. Hoeschler, P.A.
ATTORNEY
• C 420 Pillsbury Center, 200 South Sixth Street
Minneapolis,Minnesota 55402
(-1 612,337,9292 (Fax)612.3:37,9220
August 20, 1996
Tom Egan and City Council Members
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122
re: Request for Policy Direction regarding Eagandale Corporate Center
Dear Mayor and Council Members:
On behalf of Maplewood Acres, Inc., the developer of Eagandale Corporate
Center, we request that you instruct city staff to give us full credit for all wetlands we
construct or save on our plat in calculating special assessments.
While this request seems simple and easy to grant since that is general city
policy, we have run onto a situation where your staff is reluctant to apply it because of
certain quirks of timing and geography.
Specifically, the City intends to assess the easterly forty (40) acres of our
Eagandale property for WAC and other assessments. The area directly west of this
forty acres has already been assessed for these items. On our forty acres are two
wetlands that we are filling and relocating ( at a 2 for 1 ratio)just west of the forty
acres. Because the replacement wetlands are Dot in the assessment area, we are not
being given credit for the wetlands that are being relocated even though they are being
doubled in size.
Would you please instruct your staff to give us credit for at least the area of the
old ponds if not the doubled area of the new ponds. Thank you for your assistance.
Yours very truly
61674
John G. oeschler
CVAIMEtpn4mt RSa096-2.cat
R=97% 3379220 08-20-96 03: O1PM P002 #22
• --
--T 14 7.70
; 1S: 199E 12:50 3379220 �;_i HnEECHLEP PAGE 02
• John G. Hoeschler, P.A.
Attorney
420 Pillsbury Center. 200 South Sixth Street
Minneapolis. Minnesota 55402
612.337.9292 FAX 612.337.9220
FAX MEMORANDUM
MEMO TO: Tom Hedges, Tom Colbert, Mike Ridley
FROM: Jack Hoeschler
DATE: August 16, 1996
RE: Eagandale Corporate Center Special Assessment.
I wish to alert you to an issue involving how WAC and Water Trunk
Assessments are levied that, I believe, results in an unintended, unfair situation on the
Eagandale plat. If we cannot resolve this at the staff level I would like to raise it to the
• Council next Tuesday so that work on the Development Agreement and final plat
approval will not be delayed.
Jerry Wobschall tells me that WAC and Water Trunk Assessments are not levied
against land subject to a drainage or wetland easement (apparently because that land
is unbuildable). In the case of the already platted lots in Eagandale Center Industrial
Park No. 4, there were two wetlands (originally totaling slightly over one acre) which
are being filled and replaced 2:1 . The problem arises because the replacement area is
located outside of the area being assessed. As a result, we are losing the credit we
should get for such an unbuildable area.
I request that you determine that the developer should get credit at 2:1 for all
wetlands originating in the assessment area that are mitigated outside the assessment
area. If you feel that this is a policy issue more appropriate for the Council to decide,
I would like to raise it for their review and decision next Tuesday in the open portion
of the agenda. Would you please give me your counsel?
cc: Dan Oren
• cv014,175N•,,e,aaiwe1 �
/OF?
x I i I i I JAI
?I I iHI :1'°d I I i'di:ii::ii..iii iila:i:i ' ..•. 'isiab•
I Me G
" M „c,sLb°S .nr<'innn...,
S� • - n..marts•*;,"•••=... a,p 1�.4 •_-——�—^——WAIF •aF• \\. .Lcr11 e s am tau f .* ♦, h•'I" :7-- 4
1,i�.�1. v 6 \\I �0 '. ewp •
it b b
O I no t Aqitti
ii.
Q 17- _ _ _ I - - -- —
Y a I ..♦. w I -T ' RF Jbb
{ F♦ -
I — — "V.:* ; I - F — ° e
I
o t•t,. w 1
W iii Y�I �" I I
t.: 2,,l I i 1
vb
44 114.
n[!8 g
I was.• I OA e!
:L' I I. I ro rnwwior a anisr°t-.. •••
r J I -/ )ligWOM
gl
I i„x,T:•T':_:::•�. ...;.;:;:;::.;•:.,::•:....-.-. I.ti 64 'a •.t• •'•••'•.. SC n g•
FliC2
v�F :•xx:
•:.i .• • • C _r..
Of':�: a: a
•< E i••• r
W
66, A
W .•
m W n I I ' / o I E.
rr (f) i i I t*,
_city of eagan
PUBLIC WORKS COMMITTEE MEETING MINUTES
FRIDAY, AUGUST 23, 1996
At 9:40 a.m. on Friday, August 23, the Public Works Committee convened in the office of the
Director of Public Works by way of a telephone conference call linking Committee Chair
Councilmember Wachter and Councilmember Awada with City Hall. Also present were Public
Works Director Tom Colbert; City Administrator, Tom Hedges; and the petitioner Mr. Jack
Hoeschler representing Maplewood Acres, Inc.
After a brief summation of the issues and the information contained in the Committee packet by Tom
Colbert, Mr. Hoeschler provided a further explanation of the request and justification for favorable
consideration. Mr. Hoeschler generally emphasized the need for the Committee and Council to
consider a general policy statement that would provide more fairness and equity to developers and
property owners by providing trunk area assessment credit for newly created wetlands. Committee
Chair Wachter than inquired as to what were the total dollars involved in this request. Public Works
Director Colbert responded that he did not have the economic impact information available as the
Finance Department's consultant who calculates these obligations has been on vacation and there was
insufficient time for others to perform that analysis. Committee member Awada then indicated that
the land area and economic impact of this specific application is not as important as the concern for
creating a precedence and possibly changing the current City policy. Committee Chair Wachter
agreed with the concern regarding the precedence issue and changing the City's Comprehensive
Assessment Policy. Committee member Awada indicated that this policy question was significant
enough that the entire Council should decide it. Committee Chair Wachter agreed but wanted the
Public Works Committee to provide a recommendation to the City Council for consideration and
further stated that he does not support the request.
Mr. Hoeschler then provided additional commentary, explanation, and justification for the various
benefits and disadvantages associated with locating and relocating various wetlands within the
development proposal. Committee Chair Wachter indicated that the City Council has not deviated
from this policy in the past and then recommended that the Committee deny the request. Committee
member Awada then agreed with the recommendation. Public Works Director Colbert indicated that
this recommendation would be forwarded to the City Council at the September 3 meeting. At that
point, the Committee adjourned and the conference call ended at approximately 10:05 a.m.
Respectfully submitted,,
'
At/ /
Director of Public Works
TAC/jj