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10/16/2001 - City Council Regular AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING OCTOBER 16 , 2001 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS & PRESENTATIONS P ;L A. Swearing in of Police Officers IV. CONSENT AGENDA 3 A. APPROVE MINUTES f r 13 B. PERSONNEL ITEMS /4 C. APPROVE Findings of Fact for Denial - Adams Outdoor Advertising Conditional Use Permit a' D. SCHEDULE Public Hearing for certification of judgment for the Council Order to remove hazardous conditions of buildings/property. E. APPROVE Resolution authorizing use of NE Eagan Development District No. 2 TIF funds to i finance Lone Oak Road upgrade (Project 668). F. APPROVE Resolution authorizing the issuance of G.O. Community Center / Central Park bonds and setting a bond sale date of November 20, 2001. P33 G. APPROVE Plans and Specifications for Community Center/Authorize Advertisement of Bids for Contract No. 02-05 pt H. APPROVE extension for recording the final plat for Eagandale Office Park 5,h Addition - Zirnhelt Properties. DIRECT preparation of Ordinance amendment, Chapter 10, Section 10. 11, of the Eagan City f Code entitled dog and cat regulation and dog licensing. f 3g j. ACCEPT $500 from Sam's Club 39 K. RECEIVE Feasibility Report for Project 795 and Schedule Public Hearing (Beacon Hill, r Brittany Additions, Johnny Cake Ridge Addition, & Covington Lane - Street Improvements). L. RECEIVE Feasibility Report for Project 853 and Schedule Public Hearing (Woodgate V Addition - Street Improvements). M. RECEIVE Feasibility Report for Project 854 and Schedule Public Hearing (Parkcliff - Street Improvements). N. RECEIVE Feasibility Report for Project 856 and Schedule Public Hearing (Ches Mar Is`-5~' Additions - Street Improvements). V3 O. APPROVE Change Order #3 & Final Payment for Cont. 00-01, (Cliff Rd. Water Treatment TT Facility - Restoration) 1 f 1` P. AUTHORIZE Feasibility Report for Project 849 (Deerwood Place - Storm Mitigation Improvements). ySQ. APPROVE Easement Agreement for Project 771, Studio 3345 (Lexington Avenue Upgrade - Street & Utility Improvements). R. APPROVE Easement Agreement for Project 749, 3225 Highway 55 (TH 55 South Frontage Road - Street & Utility Improvements). Y7 DIRECT preparation of proposed amendment to City Ordinance #2.38 V. 6:30 - PUBLIC HEARINGS A. PROJECT 668, Final Assessment Hearing - Lone Oak Road (Street and Utility Improvements). B. PROJECT 799, Final Assessment Hearing - Eagandale Center Industrial Park (Street Improvements). 11; C. PROJECT 850, Dodd Rd. (Diffley to Ethan Dr. - Street and Trail Improvements) /P7D EASEMENT VACATION for Effress Addition. o` VI. OLD BUSINESS A. VARIANCE, Raj Khanchandani. Variance to allow a 7 foot building setback (30' standard) from a public right-of-way (Timberwolf Trail) and a Variance of .7% to the 20% lot coverage allowed in a residential zoning district for Lot 13, Block 1, Suncliff I' Addition, located at 4277 Sunrise Road in the NE of Section 29. 13aB. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING & PRELIMINARY SUBDIVISION - Shelter Corporation. A Comprehensive Guide Plan Amendment amending the use of approximately 17 acres from RC, Retail Commercial to MD, Medium Density Residential, a Rezoning from CSC (Commercial Shopping Center) to PD (Planned Development) and a Preliminary Subdivision/Preliminary Planned Development (Cedar Villas) to create two lots with 148 townhome units, located on the west side of Nicols Road, south of Jerry's Garden Center and north of the Sleep Inn in the NW of Section 30. - t 0 C. ORDINANCE AMENDMENT - Direct preparation of Ordinance Amendment establishing the Eagan Convention and Visitors Bureau Board of Directors as a Commission of the City of Eagan. VII. NEW BUSINESS ~aO;L A. PRELIMINARY SUBDIVISION - Aspen Creek Homes. A Preliminary Subdivision (Verdant Hills 3`d Addition) to create two lots, located on Woodland Court in the NE of Section 14. pd I B. REZONING - Delta Homes. A rezoning of approximately 26 acres from AG and CSC to Planned 1 Development located in the NE of Section 19. ORDINANCE AMENDMENT - An ordinance amending Eagan City Code Chapter Ten Entitled "Public Protection, Crimes and Offenses" by amending section 10.53 regarding building safety and VVV appearance regulations for fences; and by adopting by reference Eagan City Code Chapter 1 and Section 10.99. a 50D. ORDINANCE AMENDMENT - An ordinance amending Eagan City Code Chapter Four entitled "Construction Licensing, permits and Regulation" by amending Section 4.20, Subd. 3(H) regarding General Sign standards; and by adopting by reference Eagan City Code Chapter 1 and Section 4.99. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE p,52 A. REVIEW AMM Legislative Policies ADMINISTRATIVE AGENDA A. Comments by City Council, City Administrator, and Department Heads X. VISITORS TO BE HEARD (for those persons not on agenda) XI. ADJOURNMENT XII. EXECUTIVE SESSION 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. rm MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 12, 2001 SUBJECT: AGENDA INFORMATION FOR OCTOBER 12, 2001 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the October 16, 2001 City Council agenda, the following items are in order for consideration. i Agenda Information Memo October 16, 2001 Eagan City Council Meeting RECOGNITIONS & PRESENTATIONS A. SWEARING IN OF POLICE OFFICERS The following new police officers will be sworn in: Anthony Lej Cher Matthew Ondrey Sean Sweeney Agenda Information Memo October 16, 2001 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the October 2, 2001 regular City Council meeting, the October 2, 2001 Listening Session and the September 17, 2001 Listening Session as presented or modified. ATTACHMENTS: • Minutes of the October 2, 2001 regular City Council meeting are enclosed on pages Y through • Minutes of the October 2, 2001 Listening Session are enclosed on page . • Minutes of the September 17, 2001 Listening Session are enclosed on page . 3 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 2, 2001 A regular meeting of the Eagan City Council was held on Tuesday, October 2, 2001 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor*,pmda and Councilmembers Bakken, Carlson, Fields and Tilley. Also present were City Administrator Tom He Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Mike Dougherty. Mayor Awada announced that item EI: er Old Business regarding a Comprehensive Guide Plan Amendment, Rezoning and Preliminary Subdvision - Shelter Corporation will be continued to October 16, 2001 at the request of the applicant. She also stated that under the Consent Agenda, item L will be continued until the October 16, 2001 meeting; item Y will be continued indefinitely; and item Z will be continued until the October 16, 2001 Council meeting. Councilmember Carlson moved, Cosies, tlmembe rBakken seconded a motion to approve the agenda as amended. Aye:5 Nay:0 NSENS}GENDA A. Minutes. It was recommended to approve$;oiier 17, 2001 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Greg Schauer as a GIS Intern. 2. It was recommended to approve the hiring of Kevin Kinney as a Cascade Bay/Civic Arena Maintenance worker. 3. It was recommended to accept the resignation of Holly McQm%Klerical Technician III in Community Development. C. Temporary Liquor License. It was recomme}#}i;2{~ciicfiemporary Liquor License for Faithful Shepherd Catholic School for a Silent Auction Evq*#- -W;W2C'on Jat*Bry 26, 2002 and waive fees. D. Public Hearing - Certificate of Deljn-qu6ft*{1'Wkv Bills. It..- s recommended to schedule the public hearing for certification of delinquent utility bills for l~'dvc>$ QQ . E. Public Hearing - Certification of Delinquent False .tt3iiii#:fSltl~s. It was recommended to schedule the public hearing for certification of delinquent false alarm billings ~Of;Nd* uber 8, 2001. F. Public Hearing - Certification of Delinquent Noxious Weed Cuttni Bills. It was recommended to schedule the public hearing for November 8, 2001. G. Community Landfill Abatement Funds. It was recommended to approve the submission of the Cities of Burnsville and Eagan 2002 Funding Application for $85,936 from Dakota County to operate a Recycling Program for the Cities of Burnsville and Eagan. H. Ordinance Amendment. It was recommeAAi' :t%p% ect s1:tp"are an ordinance amendment to Chapter 11 to provide for waste transfer stations as,a:.~~p'tliaesi ;uta:*ftJ.,J,:(Limited Industrial) zoning district. 1. Final Subdivision. It was recommend ~~pprove: Subdivision (Four Paws Addition) to create one lot and one outlot on 5.54 acres located e t and west offiky. 13 on Old Sibley Memorial Highway and adjacent to Burnsville in the SW of Section 19.:;:::., J. Purchase Agreement. It was recomme #ge„ etc ShF:#.cquisi0on agreement for 2246 Clark Str eet. K. Purchase Agreement. It was recomme4SRi~Y~ .on agreement for 4185 Strawberry Lane. L. Project 771. An Easement Agreement or Project 771 (Lexington Avenue - Divided Four-Lane Upgrade) with the owner of Parcel 10-84500-010-01 (Studio 3345) and authorize the Mayor and City Clerk to execute all related documents. Continued to October 16.2001 M. Project 800. It was recommended to approve the resolution requesting funding from the Minnesota Department of Transportation through a cooperative agc 4f PJ:o .eFt 800 (Cedar Grove Access Modifications - Street Improvements) and authorize the Mayor,• i$ -A,'4-b isute all related documents. N. Project 859. It was recommended to aJ@M the resolutionf- sting funding from the Minnesota Department of Transportation through a cooperatiVeg7eement for Projeo't;9 (TH 55, Lexington Avenue, Blue Gentian Road - Intersection Reconfiguration)authorize the Mayonepd City Clerk to execute all related documents. • :'f Ilfi m Eagan City Council Meeting Minutes October 2, 2001 Page 2 0. Proiect 860. It was recommended to approve the resolution requesting funding from the Minnesota Department of Transportation through a cooperative agreement for Project 860 (TH 55 and Blue Water Road - Intersection Reconfiguration) and authorize the Mayor agd.City Clerk to execute all related documents. P. Cliff Lake Road & Kyle Way Traffic Contri t-i; udy. It was recommended to receive the petition and authorize the preparation of a traffic control study by "tity Engineer for the intersection of Cliff Lake Road and Kyle Way / CUB Food's driveway entrance. Q. Contract 01-07. It was recommended to a ...off. • '43t1iy`to Contract 01-07 (Lexington Avenue - Divided Four-Lane Upgrade) and authorize-K.. i~' 3~dpti. Clerk to execute all related documents. R. Project 861. It was recommended to authq the preparation of a feasibility report by the City Engineer for Project 861 (2002 Citywide Trail Improver~gAfs). S. Contract 01-14. It was recommended to approve Change Order No. I to Contract 01-14 (July 2000 Storm Mitigation Improvements - Misc. Areas #1, 4, 5 & 10) and authorize the Mayor and Deputy City Clerk to execute all related documents. T. Project 840. It was recommended to receive the draft feasibility report for Project 840 (Robin Lane - Storm Mitigation Improvements) and schedule a public hearing to be held on November 8, 2001. U. Proiect 843. It was recommended to receQthe draft to ibility report for Project 843 (Beecher Drive - Storm Mitigation Improvements) and schedule a pRtlic hearit fo be held on November 8, 2001.. V. Project 844. It was recommended to recafk?C.the draft-& ibility report for Project 844 (Forssa Way - Storm Mitigation Improvements) and schedule a j3&ic hearfff io be held on November 8, 2'001. W. Project 845. It was recommended to rece3 i t f> i, ,bclit Mort for Project 845 (Rocky Lane / Paddock Court - Storm Mitigation Improvements) iiiF3ii}f~tc3ittp~g to be held on November 8, 2001. X. Project 810. It was recommended to approve plans for Contract 0l34A (Lift Station Upgrades - Storm Mitigation Improvements) and authorize the advertisement for a bid•ppening to be held at 10:30 a.m. on Thursday, November 1, 2001. Y. Golf Course Ouestionnaire & Survey. It was recommended to approve the contract with Decision Resources for the golf course questionnaire and survey. Continued indefinitelv... Z. ECVB. It was recommended to approve status of Eagan Cprp~ dp and Visitors Bureau (ECVB) as a separate 501c(3) corporation retroactive to October 1, 20QA.A ji 'tfie new Articles of Incorporation and Bylaws. Continued to October 16.2001. AA. Toastmasters Month. It was recomme&tW adopt a Promation proclaiming October, 2001 as Toastmasters Month. BB. Subgrantee Agreement -Dakota County C)5}4:'==1`t;'i fogv ended to approve a Subgrantee Agreement with the Dakota County CDA for the administration of CDIW Tii.ilB;cjignated by the City Council for Fiscal Year 2001. CC. AUAR for Blue Cross/Blue Shield East Campus. It was recommended to adopt a Resolution/Order to initiate Alternative Urban Areawide Review (AUAR) for Blue Cross / Blue Shield East Campus. DD. Telecommunications Lease Agreement. It was recommended to approve the telecommunication lease agreement with Verizon, Inc. for an antenna installation on the Southern Lakes Reservoir at 10656 Alton Court, IGH and authorize the Mayor and City CI$;k4p.4xecute all related documents. Councihnember Bakken moved, Cou'embeit>jpQ'seli~ed a motion to approve the consent agenda as amended. Aye: 5 Nay: 0 `C~ff !X-X% P1L..... ARINGS SUN CLIFF Is` ADDI OG' EASEMENT VACATION . VARIANCE - RAJ KHANCHANDANI City Administrator Hedges introduced this items regarding a public drainage and utility easement on Lot 13, Block 1, Sun Cliff 1" Addition. He stated th;,ragtil.0.f_easement vacation is in conjunction with a variance request to allow a 7 foot building setback frpp'i3i~~Q€lavay and a variance of 1.4% from the maximum 20 percent lot coverage allowed in a residentip4;7gi13ffg distrit ':1c Works Director Colbert gave a staff report regarding the easement vacation. He stn t Dakota ElectriGq'; ects to the easement vacation due to the presence of utility lines within the easenl=.t and recommended tlf2t the easement vacation be denied. Senior Planner Ridley gave a staff report regar {g the variance requests Mr. Khanchandani was present and discussed his plans for an addition to his home and theFbd,:f4:to.tgiR.;'; Eagan City Council Meeting Minutes October 2, 2001 Page 3 Mayor Awada opened the public hearing. There being nb public comment, she closed the public hearing for the easement vacation and the variance and turned discussion back to the Council. Mayor Awada stated she is concernec{r a buil ding being constructed within two feet of a utility line. She also stated that she is concerned that the Atat4re will be too close to the adjacent road. Councilmember Carlson stated she felt the Council should respect Jj fc pppt of Dakota Electric to not vacate the easement. Councilmember Carlson moved, cotlflt~i±ii4lkf'9iek~'r~sdCO>~ed a motion to deny the vacation request of a portion of a public drainage and utility easerX on Lot 13, Block 1, Sun Cliff 1" Addition. Aye: 5 Nay: 0 The applicant requested a time extension for consideration of the variance request to consider amending his application. Mayor Awada moved, Councilmember Tilley seconded a motion to continue consideration of a Variance to allow fora 7 foot setback from a public ri,pf--way and a Variance to exceed the 20 percent maximum lot coverage requirement by 1.4 percent in a resial distr.lo October 16, 2001. Aye: 5 Nay: 0 CONSIDER RESOLUTION ADOPTIN tHE REf?t'ELOPMENT PLAN FOR THE CEDAR GROVE REDEVELOPMENT AREA; AND ESTI I.ISHINC• ' INCREMENT FINANCING DISTRICT NO.1 WITHIN THE CEDAR GROVE REDEN%40 J$~I ;A;p,& AND ADOPTING THE TAX INCREMENT FIA it ' OR City Administrator Hedges introduced this item regarding the Cedar Grove redevelopment area and the establishment of Tax Increment Financing District No. 1. Jim Prosser, Elhers and Associates, gave a presentation on the context of the tax increment financing plan. Mayor Awada opened the public hearing. Mayor Awada explained that Dori5.;loy9'i4it Lane, had requested that her property be removed from future consideration within the Cedar 3toi~i~ ltedevelopnjpt Area. She stated she felt Ms. Dahline's property should remain in the proposed redevelopmental>;y+t att esfecl a lifetime estate agreement be made between Ms. Dahline and the City. Councilmembers agreed. Ms. Dahhne read a letter regarding the impact the propoig* district and the potential loss of her home has had on her personally. Eight residents spoke expressing their opinions and asking questions regarding the proposed redevelopment plan and tax increment financing. Mayor Awada, Councilmember Bakken and Mr. Prosser explained how tax increment financing works vW-Council and staff Pcussed the redevelopment process. Councilmember Tilley stated thad' ad be4Rz Cr'ef'the Cedarvale Task Force. She explained the intent of the task force and discussed meefi gs that wet `.Wd with the area property owners. Mayor Awada moved, Councilr*-ii'er TilletPtconded a motion to approve a resolution adopting the redevelopment plan for the Cedar Grove ' -8 fttablishing Tax Increment Financing District No. 1 within the Cedar Grove Redevelopment Afea, 9M7 i 6OW l0! plans therefore. Aye: 5 Nay: 0 Councilmember Tilley left the meeting due to an illness in her family. The Council took a short break at 8;.Qt; • ~f'• ' . '~S 6 nrm Eagan City Council Meeting Minutes October 2, 2001 Page 4 HARVEY'S HERITAGE ADDITION (LOT 3, BLOCK 1) EASEMENT VACATION City Administrator Hedges introduced tbis item regarding the vacation of public drainage and utility easement on Lot 3, Block 1, Harvey's Heritage k dition. Public Works Director Colbert gave a staff report. Mayor Awada opened the public hear' ~ ..Tjt4re ;bVinf~- 9~ubrli~c comment, she closed the public hearing and turned discussion back to the Council. • f ' Councilmember Bakken moved, Cotruember Fields seconded a motion to approve the vacation of public drainage and utility easement on Lot 3;.ck 1, Harvey's Heritage Addition, and authorize the Mayor and City Clerk to execute all related documents. Aye: 4 Nay: 0 EAGANDALE CENTER INDUSTRIAL PARK NOS. 3(11 & 2 B4) & 4(L 1-3, B2) EASEMENT VACATION City Administrator Hedges introduOftiis item.wding the vacation of public drainage and utility easements within Eagandale Center Industrial' rk Nos. A 4. Public Works Director Colbert gave a staff report. He recommended that action be continued u>considel of the Final Plat for Eagandale Center Industrial Park No. 17 is completed. • • . Mayor Awada opened the public heaai eA}tji c comment, she closed the public hearing and turned discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to continue consideration of the vacation of public drainage and utility easements within Eagandale Center Industrial Park Nos. 3 & 4, until consideration of the Final Plat for Eagandale Center Industrial Park Ng. 17. Aye: 4 Nay: 0 PROJECT 748, JOHNNY CAKE RIDQJP:R Qi $VW T & UTILITY IMPROVEMENTS FINt?'AiSS~CiN;;HEARING City Administrator Hedges introducett Aft.n ar'd g the final assessment roll for Project 748. Public Works Director Colbert gave a staff report. Mayor Awada opened the public hearing. There being `rit lic comment, she closed the public hearing and turned discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the final assessment roll for Project 748 (Johnny Cake Ridge Road - Street & Utility Improvements) and authorize its certification to Dakota County for collection.. AyW- g .Nay: 0 PROJECT 797, LETS 1sT*4~;UN - STREET OVERLAY Fl'ii1A ASSE ENT HEARING City Administrator Hedges intro{cd. itggegarding the final assessment roll for Project 797. Public Works Director Colbert gave a staff rep r......... i Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Counc.Zakken seconded a motion to approve the final assessment roll for Project 797 (Letendrel' ; -;Street Overlay) and authorize its certification to Dakota County for collection. Aye: Eagan City Council Meeting Minutes October 2, 2001 Page 5 PROJECT 798, CANTERBURY FOREST / WEDGEWOOD 1'T ADDITIONS STREET RECLAMATION FINAL ASSESSMENT HEARING City Administrator Hedges introduce(t" item regarding the final assessment roll for Project 798. Public Works Director Colbert gave a staff report. Mayor Awada opened the public hear: "ioi;L',i#gtoc~ comment, she closed the public hearing and turned discussion back to the Council. • • • • • • • • • • • • • f Councilmember Fields moved, Co 'ember Bakken seconded a motion to approve the final assessment roll for Project 798 (Canterbury Fore' t Wedgewood 1" Additions - Street Reclamation) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 OLD BUSINESS t.~ • f PROJF 751, SQ _RTH DODD ROAD City Administrator Hedges intro ducQ~this item* rding the scope of Project 751. Public Works Director Colbert gave a staff report and stated the bask t aestion citaere the Red Pine Lane extension is located is necessary for staff to proceed with detailed dty lo. : t~Rd a $y opt. iquisition. He further stated there are strongly opposing positions fr om various neigh ~Jb > ii > t ie alignment and that MnDot has stated they will only approve the alignment that basically follows the platted nght of way for Carol Street if Dodd Road is closed with a cul-de-sac. Seven residents spoke expressing their opinions regarding a cul-de-sac on Dodd Road, the elimination of Waterview Trail connection, and the extension of Carol Street. 41 Council and staff discussed the options anti # t;f ii4StaRation of a cul-de-sac on Dodd Road was the best alternative. 0 Councilmember Carlson moved, Couadom-,4r Baleen seconded a motion to authorize design revisions to Project 751, South Dodd Road (Streets and U{ilitibs) ~ff}q;the installation of a cul-de-sac on Dodd Road and elimination of the Waterview Trail connection, and the re=aiif}seiygt for the solicitation of bids. Aye: 4 Nay: O NEW BUSINESS CONDITIONAL USE PERMIT - ADAMS OUTDOOR City Administrator Hedges introdu :#h rr g**onditional use permit to erect asingle-sided 672 SF off-premise sign upon Canadian P$C3~e*JWw kyq*b~tty 4t~ted south of TH 55 between I-35E and Lexington Avenue. Senior Planner Ridle f e a staff port. .ti John Bodger, Adams Outdoor A61*01sing, d4g.8sed the history and the proposed signage to be placed on the railroad property. Mayor Awada ani;QiiSSi#;•ay$Cio. Bodger the possibility of the sign being smaller and double sided. ' • •'`'r - . Mayor Awada and the Council also discussed the aesthetic impact the backside of the large proposed sign would have on the Highway 55 / Lexington Avenue area. Further discussion occurred regarding placing signs in railroad right-of-way that, most likely, would neves.d. Mayor Awada moved, Councihmot4;#ie1~:felds se*i56;inotion to direct staff to prepare findings of fact for denial of a conditional use permit to a tip single-sided 67Wff-premise sign upon Canadian Pacific Railway 40 property located south of TH 55 betweenZ 5E and Lexington Aoetiue in the northwest of Section 2. Aye: 4' Nay: 0 Eagan City Council Meeting Minutes October 2, 2001 Page 6 Mayor Awada moved, Councilmember Fields seconded i motion to direct staff to prepare an ordinance amendment regarding billboards in railroad right-of-way. PRELUIUNARY DIVISION (EAGAN PRESERVE) :#ktTKE REALTY City Administrator Hedges introducert MW,.A i~sc d$:~ ninary subdivision (Eagan Preserve) consisting of two lots and two outiots on approit s1+1:1p'~$ B ~C~tstai!# j platted as Unisys Park 2' Addition located north of Yankee Doodle Road / Feders - ive intersection. Senior Planner Ridley gave a staff report. Public Works Director Colbert statedfiat the following conditions should be added to the Advisory Planning Commission recommendation: 13. Outlot A would be conveyed to the City as parks and trails dedication. 14. Outlots C and D would be dedicated as is right-of-way. 15. A building permit shall not be issued fofW I until p}tary sewer is extended to the site. Council and staff discussed future tig$S and po in the area. Bob Smith, Duke Realty, discussed pock 6i~bc}i-►-ap .aud stated he is in agreement with the recommendations of the Advisory Planning 7R.?i • . , • • Councihmember Bakken moved, Councilmember Carlson seconded a motion to approve a Preliminary Subdivision (Eagan Preserve) consisting of two lots and two outlots on approximately 20 acres currently platted as Unisys Park 2°d Addition located north of the Yankee Doodle Road/Federal Drive intersection in the SE of Section 9, subject to the following conditions: Aye: 4 Nay: 0 1. The developer shall comply with these star;eiS:poii a plat approval as adopted by Council on February3, 1993: A1, B1-4, Cl,.vy and H1 2. The property shall be platted. ' f 3. The applicant shall work with city. gt}} -.;fQ:xeyise "'stileet-scape" landscaping along Central Parkway and along the Community Center access "look" of landscaping to be installed through the City improvement project for Central Parkway ariifi;i4sp~nunity Center. 4. All conifer trees (spruce and pine) shall be placed at f'eail .U feet back of curb areas to allow for mature tree width growth without interference with vehicles, snow storage, lawn maintenance, etc 5. Trees placed inside parking lot islands shall be centered within the island to allow for mature tree root growth and snow storage. The applicant shall also include, within the landscape plan, specifications for soil site preparation inside parking lot islands. Each tree shall be installed in a minimum of 300 cubic feet of top soil, (i.e. 6 x 20 x 2.5 feet top 6. The development shall meet the.•tp}~ erat:;iuirements primarily by creating a minimum stormwater treatment capacity acre=#t:g'a'minimum area of 0.51 acres. The stormwater 'treatment pond shall be construe ~generall jk or d. g to NURP standards with a maximum depth of 8 feet and as close as feasible to a 10;4. aquatic k~gch from the normal water level. A standard outlet skimmer may not be appropriate in this;:pgSe becaufet:; hydrologic considerations associated with the wetland replacement area. ; 7. A cash dedication of $9,024 sha~I"l'fegiledti'iilt~io#:ilnding for untreated stormwater that will runoff of 1.3 acres of the site. 8. The proposed wetland replacement and monitoring plan shall be approved by City Council. 9. The developer shall negotiate a Parking Agreement with City for its use of the parking area for City events. 10. The developer shall provide title evidgpe.4 the Private Perimeter Road Agreement is no longer applicable to the subject parcel. 11. The developer shall dedicate the p ;.4 Wiy'nEiti4afMr the construction of Central parkway. 12. Outlot B shall be removed fromA. at and treated asU.-Uception to the plat. 13. Outlot A would be conveyed to the City as parks and try dedication. 14. Outlots C and D would be dediWod as public right-of 7.W', 15. A building permit shall not be iii .ix jrpx;} }id1 jt sewer is extended to the site. ti's 9 Eagan City Council Meeting Minutes October 2, 2001 Page 7 STOP SIGN PETITION, DIAMOND DRIVE AND GARNET LANE City Administrator Hedges introduced this item regarding a petition for a stop sign on Diamond Drive at Garnet Lane. Public Works Director Colbert a staff report. He stated that based on current staff workload of completing this yeat°s construction program, a;dard traffic evaluation study cannot be completed this year unless a consultant is retained. Mayor Awada moved, CountihacmbiosSdFoii-'a:,'} to receive the petition for a stop sign and direct staff to conduct a traffic evaluation study on U'iamon~'~5liv'e'Affi~'dinet Lane in the Spring of 2002. Aye: 4 Nay: 0 ADMINISTRATIVE AGENDA PLANNED DEVELOPMENT STUDY City Administrator Hedges stated th-"ouncilmember Bakken had volunteered to act as a Committee of the City Council to review Planned Developtts of recthffsvith City staff and present his findings to the City Council. Mayor Awada and other Councihers agro2o appoint Councilmember Bakken to review the Planned Developments of record. Denise Lewis, representing ISD 196, stated she wanted to commend Councilmember Tilley for her involvement with the School District. She stated she was also impressed with Eagan residents who take an interest in the School District. ADJOURNMENT......... The meeting adjourned at 10:35 p.m. in;a~t:xe$ts'sion for the purpose of reviewing final settlement proposal for the EHW vs. City of -ag tj fe ►5tu . Date Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 681-4600, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to;ao. JV, creed(, .7ftiou, national origin, sex, disability, age, sexual orientation, marital status or status with k'%% /O m MINUTES OF A LISTENING SESSION OF THE EAGAN CITY COUNCIL Eagan, Minnesota #ober 2, 2001 30 p.m. in the Mayor Awada opened the Oc#Q;;;##ii•}r Session at 57 Community Room of the Eagan MiWjc pal Center:''resf ent were Mayor Awada, Councilmembers Carlson, Bakken, iWields. f•~•i Margo Danner asked Council and staff to discuss the background of the golf course proposal on the Patrick Egan Park property and the McCarthy property. pt of coy tructing a "Memorial Gardens" on Pat Dolney discussed the ca ft, public property to honor and in memory of t,qeptember 11 event. Councjlmembers were receptive to the idea and a meb'l~x~g was::.:.ieduled with the Communications Committee for Thursday, October ...tp; is s the proposal further. The Listening Session was adjourned af•$:10'p'i Date Deputy City Clerk •!!ti tirl.} r MINUTES OF A LISTENING SESSION OF THE EAGAN CITY COUNCIL Eagan, Minnesota S ft' mber 17, 2001 Mayor Awada opened the Sej#}f0 8# ning Session at 5:30 p.m. in the Community Room of the Eagan ftnicipal Center. Present were Mayor Awada, Councilmembers Carlson, Bakken, fey and Fields. Jack Peterbaugh expressed his concern over the lack of safe pedestrian movement at the intersection at Cliff Road and Kyle Way. Council directed staff to conduct a study regarding the intersection. r John Ward, 1634 Murphy 1! ay, B rt-w'ssed the preservation of Patrick Eagan Park, stating he felt the natural spawoulda better asset to the City. than a golf course. The Listening Session was adjourned at 6:00 p.m.Date Deputy City Clerk ox - • Firm Agenda Information Memo October 16, 2001 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Part-time Seasonal Civic Arena Supervisor-- ACTION TO BE CONSIDERED: To approve the hiring of Ryan Ross as a part-time seasonal Civic Arena supervisor. Item 2. Part-time Seasonal Skateguards-- ACTION TO BE CONSIDERED: To approve the hiring of Chad Hanson and Tom May as part-time seasonal skateguards. Item 3. Director of Communications— ACTION TO BE CONSIDERED: To approve the establishment of a Director of Communications position. Item 4. Official Designations for City Clerk & Treasurer Functions- ACTION TO BE CONSIDERED: To officially designate Maria Karels as City Clerk; Tom Hedges, Mira McGarvey and Gene VanOverbeke as Deputy City Clerks; Tom Pepper as City Treasurer; and Gene VanOverbeke as Deputy City Treasurer. FACTS: • With the establishment of the City Clerk/Administrative Services Coordinator position and the Director of Administrative Services position, a number of positions at the City and their duties have changed. • The above designations should clarify which positions and people will be handling City Clerk and Treasurer functions. Item 5. Resignation/Police Officer-- ACTION TO BE CONSIDERED: To accept the letter of resignation from Police Officer Claire Wagner. Item 6. Resignation/Youth Development Coordinator— ACTION TO BE CONSIDERED: To accept the letter of resignation from Loudi Rivamonte, Youth Development Coordinator. Agenda Information Memo October 16, 2001 Eagan City Council Meeting C. ADOPT FINDINGS OF FACT, CONCLUSIONS AND RESOLUTION FOR DENIAL OF CONDITIONAL USE PERMIT - ADAMS OUTDOOR ACTION TO BE CONSIDERED: ➢ To adopt Findings of Fact, Conclusions and Resolution for Denial of a Conditional Use Permit for Adams Outdoor to erect a 672 square foot, single-sided off-premise sign upon Canadian Pacific Railway property located south of TH 55 between I-35E and Lexington Avenue in the northwest '/a of Section 2. FACTS: ➢ At their regular meeting on October 2, 2001, the City Council denied the CUP request by Adams Outdoor Advertising (AOA) to construct a single-sided, 672 SF off- premise sign on Canadian Pacific Railroad right-of-way. ➢ At their regular meeting on August 7, 2001, the City Council denied a CUP request by Adams Outdoor Advertising (AOA) to construct a two-sided, 756 SF (378 SF/side) off-premise sign on Canadian Pacific Railroad right-of-way and directed the City Attorney to prepare Findings. ➢ Prior to adopting the Findings of Fact for Denial on August 21, 2001, the applicant requested and the Council agreed to continue action on the Findings to allow AOA to submit a revised application. ➢ The revised application proposed a single-sided, 672 SF sign. This represented one less sign face and an 84 SF reduction in size from the original proposal. ➢ The Advisory Planning Commission held a Public Hearing for the revised application on September 25, 2001. The APC recommended denial of the Conditional Use Permit. ATTACHMENTS: (1) Findings of Fact, Conclusions and Resolution for Denial, page A~7through 120. BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Adams Outdoor FINDINGS OF FACT, Advertising for Conditional Use Permit CONCLUSIONS AND to erect an off-premise sign RESOLUTION This matter came before the Eagan City Council at its meeting of October 2, 2001. The Council received and considered the September 19, 2001, Planning Report; input from City staff, minutes of the public hearing held by the Advisory Planning Commission on September 25, 2001; together with all existing files, records and prior proceedings and material as presented to the Council. Based upon all the files, records and input that was presented at the meeting, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. Adams Outdoor Advertising (the "Applicant") submitted an application for a Conditional Use Permit to erect a single-sided 672 square foot off-premise sign, to be located on existing railroad right-of-way lying south of Trunk Highway 55, and between 1-35E and Lexington Avenue in the northwest quarter of Section 2 (the "Property"). 2. Applicant was the previous owner of an off-premise sign located on unplatted property within the City, having a street address of 2867 Lexington Avenue. 3. Section 4.20 of the City Code requires that any existing off-premise sign located on unplatted property, shall be removed prior to the approval of the platting of the property. 4. On April 3, 2001, the City Council approved a plat for the property located at 2867 Lexington Avenue, to be known as Northern Power Products Addition. < 5 5. The approval of the final plat for Northern Power Products Addition was conditioned upon the removal of the Applicant's off-premise sign, which sign has been removed. 6. Section 4.20(B) of the City Code contains a Table A, which depicts the total number; square footage; location; and number of surfaces of each off-premise sign within the city. 7. Section 4.20(B) of the City Code prohibits the approval of any new off-premise sign which would increase the number of signs; the total square footage of signs; or the total number of sign surfaces beyond the amount set forth in Table A. 8. On May 15, 2001, the City Council amended Table A of Section 4.20(B) to among other items, reflect the removal of the off-premise sign previously located on the Northern Power Products Addition, which ordinance became effective May 31, 2001, the date of publication. 9. On May 24, 2001, the Applicant submitted an application for a Conditional Use Permit to erect a two-sided 756 square foot (378 square feet per sign face) off-premise sign to be located on the Property. 10. Following a public hearing before the Advisory Planning Commission, the application was heard by the City Council on August 7, 2001, at which time the Council moved to direct the preparation of Findings of Fact and a Resolution to deny the Conditional Use Permit. 11. On August 21, 2001, the Applicant requested and received the City Council's approval to amend its Conditional Use Permit application. 12. Applicant has now requested a Conditional Use Permit to erect a 40-foot high off- premise sign, consisting of a single surface sign of 672 square feet on the Property (see Exhibit "A" attached hereto, the "Proposal"). HIM 13. Applicant's Proposal would increase the total number of off-premise signs, beyond the number permitted by the City Code. 14. Applicant's Proposal would increase the total square footage of all off-premise signs, beyond the limit permitted by the City Code. 15. Applicant's Proposal would increase the total number of off-premise sign surfaces, beyond the number permitted by the City Code. 16. Section 4.20 of the City Code, provide a maximum of 550 square feet for an off- premise sign, unless the Applicant demonstrates a reduction to (i) the number of signs, (ii) square footage or (iii) surface areas depicted in Table A. 17. The Applicant offered no evidence or testimony of its intention to reduce the total number of signs, square footage or surface areas as depicted in Exhibit "A". 18. The purpose of Section 4.20 of the City Code is to reduce and ultimately remove off-premise signs within the City. 19. The back, or exposed structural side, of the proposed sign would face an area of the City which is part of a redevelopment district, wherein the City is attempting to attract new development. 20. Section 4.20 of the City Code requires that off-premise signs be placed only upon property zoned for business or coning industrial use. 21. The Property which is railroad right-of-way is not zoned for commercial or industrial use under the City's zoning map and ordinances. 22. The Advisory Planning Commission recommended denial of the Conditional Use Permit for failure of the Applicant to meet the requirements of Section 4.20, Subd. 4(B 1)(B2)(B3)(B4) of the City Code. 23. The Property is presently owned by the Canadian Pacific Railway Company. f 24. The proposed sign would be located in the railroad right-of-way, south of the existing rail tracks. 25. The Property is designated as a railroad right-of-way on the City's official map, and thus does not have a zoning designation. 26. There are miles of unplatted railroad right-of-way way within the City. At its meeting on October 2, 2001, the City Council directed the preparation of an ordinance amendment to prohibit the placement of off-premise signs in railroad rights-of-way. 25. There is not a strong likelihood that the railroad rights-of-way would ever be platted or developed, to assume the further reduction or removal of off-premise signs. CONCLUSIONS 1. This matter is properly brought before the Eagan City Council. 2. Section 11.40, Subd. 4 of the Eagan City Code sets forth standards to be met by the Applicant in connection with the issuance of a conditional use permit. 3. Section 4.20, Subd. 4 of the Eagan City Code provides the required conditions to be met by the Applicant in connection with the issuance of a conditional use permit for new off- premise sign. 4. The erection of a new sign by the Applicant would increase the number of signs beyond the number of signs permitted by Section 4.20, Subd. 4(B)(1) of the Eagan City Code. 5. The erection of a new sign totaling 672 square feet would increase the total square footage of all signs in the City beyond the number of total square feet permitted by Section 4.20, Subd. 4(B)(2) of the Eagan City Code. 6. The erection of an off-premise sign would increase the total number of sign surfaces beyond the number of surfaces permitted by Section 4.20, Subd. 4(B)(3) of the Eagan City Code. l Firm 7. The Applicant's Proposal does not reduce the total number of signs, square footage or surface areas required under the City Code as a condition to the issuance of a new off- premise sign, in excess of 250 square feet. 8. The goal of the existing off-premise sign ordinance is to reduce the total number of off-premise signs, square footage and sign surfaces within the City. 9. The Applicant's Proposal would hinder the redevelopment efforts along Highway 55 by making the area less attractive for development. 10. The use of railroad rights-of-way for off-premise signs frustrates the purposes of Section 4.20 of the Eagan City Code. RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's request for a Conditional Use Permit to erect a singe 672 square foot, 40-foot high off-premise sign on the Property is hereby denied. Dated at Eagan, Minnesota this day of 92001. CITY OF EAGAN By: Patricia E. Awada Its: Mayor By: Maria Karels Its: City Clerk ~ U L S~ L~ ~ o ~s~a I S.TGl~1 S?Z ~ ZC)4e 04 Lie s Face 6 7;k 2pLL ~uJr~ l.C~a / yo, Td P Cr~Z~gD~ 5 ~ Pef~ernvve is ~.e s ~ n ce 5 ~ ~Ze c Lt e S ~ aye ~f 6 7 a a0 inr Agenda Information Memo October 16, 2001 Eagan City Council Meeting D. SCHEDULE PUBLIC HEARING FOR CERTIFICATION OF JUDGMENT FOR THE COUNIL ORDER TO REMOVE HAZARDOUS CONDITIONS OF BUILDINGS/PROPERTY ACTION TO BE CONSIDERED: To schedule a public hearing for certification of judgment for the Council order to remove hazardous conditions of buildings/property. FACTS: • The City received a judgment in its favor from the Dakota County Courts on May 17, 2000 to enforce the Council's order to remove hazardous conditions of buildings/property. • City engaged contractor to remove the hazards. • Property owner has not paid the bills to remove the hazards. a~ Agenda Information Memo October 16, 2001 Eagan City Council Meeting E. APPROVE RESOLUTION AUTHORIZING USE OF NE EAGAN DEVELOPMENT DISTRICT NO.2 TIF FUNDS TO FINANCE LONE OAK ROAD UPGRADE (PROJECT 668) ACTION TO BE CONSIDERED: To approve the resolution authorizing use of NE Eagan Development District No. 2 TIF funds to finance Lone Oak Road upgrade (Project 668). FACTS: • On January 17, 1989, the City Council approved a Tax Increment Financing Plan and Development Program that created Northeast Eagan Development District No. 2. The stated purposes included transportation improvements within the City. • In cooperation with Dakota County improvements to Lone Oak Road including widening, extensive intersection reconstruction and related improvements have been undertaken. • Since Lone Oak Road is a transportation improvement consistent with the objectives of the Development Program, it is appropriate that to the extent TIF funds are available, the City's share of the cost of the improvements be paid from tax increment. The balance of funds available in the project account is approximately $1,350,000. ATTACHMENTS: • A copy of the resolution as prepared by teve Rosholt of Faegre & Benson, the City's bond counsel is attached on pages as ism CITY OF EAGAN RESOLUTION DETERMINING STATUS OF LONE OAK ROAD PROJECT UNDER DEVELOPMENT PROGRAM FOR NORTHEAST EAGAN DEVELOPMENT DISTRICT NO.2 AND AUTHORIZING TAX INCREMENT EXPENDITURE BE IT RESOLVED By the City Council of the City of Eagan as follows: 1. Pursuant to a Tax Increment Financing Plan and Development Program approved on January 17, 1989, this Council created Northeast Eagan Development District No. 2 for stated purposes which include improvement of transportation within the City. The Plan identifies a number of transportation improvements to be constructed in the Development District in cooperation with Dakota County and other affected jurisdictions, including intersection capacity improvements and other traffic flow enhancements, to encourage private development in the Development District without undue traffic congestion. The Plan contemplates that the specific facilities to be constructed would depend on such factors as the timing and nature of private development in the District, cooperation of other local governments and the availability of financing. 2. A plan has been prepared for the improvement of Lone Oak Road in cooperation with Dakota County. The improvements include widening of Lone Oak Road, extensive intersection reconstruction and related improvements. 3. It is hereby determined that the Lone Oak Road Project is a transportation improvement which will substantially relieve traffic congestion and promote development in the District and will serve the objectives of other specific activities referred to in the Plan. Accordingly, it is determined that the City's share of the cost of the Lone Oak Project is part of the Development Program for Development District No. 2 and shall be paid from tax increment available to the District. The balance of the funds in the project account for the Development District (approximately $1,350,000) shall be transferred to the Major Street Fund to reimburse the City after the Lone Oak Road Project is closed out. DATED this of , 2001. Patricia A. Awada, Mayor ATTEST: Maria Karels, City Clerk ~ C;~ CERTIFICATION State of Minnesota County of Dakota City of Eagan I hereby certify that the foregoing Resolution is a true and correct copy of a Resolution presented to and adopted by the City Council of Eagan at a duly authorized meeting thereof held in the City of eagan, Minnesota, on the day of , 2001, as disclosed by he records of said City in my possession. Maria Karels, City Clerk a~ Agenda Information Memo October 16, 2001 Eagan City Council Meeting F. APPROVE RESOLUTION TO ISSUE AND SELL $13,970,000 GENERAL OBLIGATION RECREATIONAL FACILITIES (COMMUNITY CENTER/ CENTRAL PARK BONDS, SERIES 2001A ACTION TO BE CONSIDERED: To approve the resolution to issue and sell $13,970,000 General Obligation Recreational Facilities (Community Center/Central Park) Bonds, Series 2001A. FACTS: • In the June 2000 referendum election, voters approved a Community Center/Central Park bond issue in an amount not to exceed $15,355,000. • The bond sale is scheduled to take place through competitive bids on November 20, 2001. • $1,400,000 has already been levied for collection year 2001, and therefore, an estimated $1,370,000 will have been collected prior to issuance of the bonds, allowing the City to issue a smaller amount of bonds. Because the issue will be smaller, bond issue costs will be reduced by approximately $15,000. Accordingly, the total amount of the bonds has been reduced by $1,385,000 from $15,355,000 to $13,970,000. • In the present interest rate climate, the annual debt service is estimated to be about $200,000/year less than originally projected as interest rates have dropped significantly in the past year; however, some market volatility may be expected between now and the sale date in light of the tragic events of September 11 and subsequent military action. If such savings are indeed realized when the bonds are sold, subsequent levies can be reduced accordingly. • The reduced amount of the bonds does not affect the project budget. ATTACHMENTS: • Attached on pages through 3 a is the resolution authorizing the issuance and sale of these bonds. • Enclosed without page number are the sale recommendations prepared by the City's fiscal consultant, Springsted. as Extract of Minutes of Meeting of the City Council of the City of Eagan Dakota County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Eagan, Minnesota, was duly held in the City Hall, in said City on Tuesday, October 16, 2001 at 6:30 o'clock P.M. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION TO ISSUE AND SELL $13,970,000 GENERAL OBLIGATION RECREATIONAL FACILITIES BONDS, SERIES 2001 A, BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, as follows: 1. The City Council deems it necessary and expedient to issue and sell $13,970,000 General Obligation Recreational Facilities Bonds, Series 2001A, to provide financing of estimated costs in the minimum amount of $13,788,390, including contract price, construction interest and legal, fiscal and miscellaneous costs for a Community Activities Center and infrastructure, trail and site improvements to Development District No. 3 of the City pursuant to the authority of Chapter 475, Minnesota Statutes, and a bond election duly called and held on June 6, 2000. i~m 2. Sealed or electronic proposals for such Bonds will be received until 12:00 o'clock Noon on Tuesday, November 20, 2001 at the offices of Springsted Incorporated. The City Council will meet at the City Hall at 6:30 o'clock P.M. on the same day for the purpose of considering the proposals and negotiating the sales of the Bonds. The terms of the Bonds and the sale thereof shall be as set forth in the Terms of Proposal attached as Exhibit A hereto, which are hereby approved. 3. The City has retained Springsted, Incorporated, an independent financial advisor, in connection with the sale as authorized by Minnesota Statutes, Section 475.60, Subd. 2(9), as amended. Adopted by the City Council on this 16th day of October, 2001. The motion for the adoption of the foregoing resolution was made by Councilmember , seconded by Councilmember , and upon vote being duly taken thereon, the following voted in favor thereof: and the following voted against the same: and the following were absent: WHEREUPON, said Resolution was declared duly passed and adopted the 16th day of October, 2001. a7 2 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $13,970,000 CITY OF EAGAN, MINNESOTA GENERAL OBLIGATION RECREATIONAL FACILITIES BONDS, SERIES 2001A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Tuesday, November 20, 2001, until 12:00 Noon, Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 6:30 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner by which the Proposal is submitted. (a) Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted Proposal. OR (b) Electronic Bidding. Electronic Bids may be submitted to Bidcomp/Parity (an "Approved Provider'). For purposes of the electronic bidding process, the time as maintained by the Approved Provider shall constitute the official time with respect to all Bids submitted to such Approved Provider. Each bidder shall be solely responsible for making necessary arrangements to access the Approved Provider for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of the Notice of Sale. Neither the City, its agents nor the Approved Provider shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor the Approved Provider shall be responsible for a bidders failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the Approved Providers service. The City is using the services of the Approved Provider solely as a communication mechanism to conduct the electronic bidding for the Bonds, and the Approved Provider is not an agent of the City. If any provisions of this Notice of Sale conflict with information provided by an Approved Provider, this Notice of Sale shall control. Further information about the Approved Provider, including any fee charged, may be obtained from: Bidcomp/Parity, 395 Hudson Street, New York City, New York 10014, Customer Support, (212) 806-8304. ~9 -i- i DETAILS OF THE BONDS The Bonds will be dated December 1, 2001, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2002. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts as follows: 2003 $420,000 2008 $605,000 2013 $740,000 2018 $ 930,000 2004 $530,000 2009 $630,000 2014 $770,000 2019 $ 975,000 2005 $550,000 2010 $650,000 2015 $805,000 2020 $1,025,000 2006 $565,000 2011 $680,000 2016 $845,000 2021 $1,075,000 2007 $585,000 2012 $705,000 2017 $885,000 Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds, provided that no serial bond may mature on or after the first mandatory sinking fund redemption date of any term bond. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Last Year of Serial Maturities" and "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2012, and on any day thereafter, to prepay Bonds due on or after February 1, 2013. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. 30 - ii 11H SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. The proceeds will be used to finance construction of (i) a Community Activities Center and (ii) infrastructure, trail and site improvements to the City's Development District Number 3. TYPE OF PROPOSALS Proposals shall be for not less than $13,788,390 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $139,700, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. 31-Hi- 1 CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Faegre & Benson LLP, of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2-12(b)(5), the City, as obligated person, will undertake, pursuant to a Continuing Disclosure Certificate, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Bonds will be conditioned upon its receiving the Continuing Disclosure Certificate at or prior to delivery of the Bonds. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 300 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated October 16, 2001 BY ORDER OF THE CITY COUNCIL /s/ Maria Karels City Clerk 3a iv_ 11M Agenda Information Memo October 2, 2001 Eagan City Council Meeting G. APPROVE FINAL PLANS AND SPECIFICATIONS FOR THE COMMUNITY CENTER AND AUTHORIZE ADVERTISMENT OF BIDS FOR CONTRACT NO. 02-05. ACTION TO BE CONSIDERED: Approval of final plans and specifications for the Community Center building. Concurrently, approval of the language for construction services bid advertising. FACTS: • City Council authorized the preparation of plans and specifications at the June 19, 2001 regular meeting. • On September 28, 2001, City staff met with architects from TKDA, Stahl Construction, and Damon Farber Associates to discuss the status of the project and coordinate other small issues. • Plans and specifications are ready for their final review as of the week of October 15, 2001. • The project will be ready for bid advertisement as outlined in the following schedule: Week of October 15: Delivery and review of draft plans and specs for 2- week review by City and Construction Manager. October 16: Council approval of final plans and specs, approval of language for bid advertisement. October 26: Advertise for bids. November 1: Plan documents issued. November 2: Advertise for bids. November 9: Advertise for bids. November 20: Bid opening. November 21- Dec 3: CM review of bids. • December 4: Award contract. • Pending Council approval and front-end specifications and insurance documents being in order, December 4 is the optimum date for contract. ATTACHMENTS: • None. 33 Agenda Information Memo October 16, 2001 Eagan City Council Meeting EXTENSION FOR RECORDING THE FINAL SUBDIVISION - • EAGANDALE OFFICE PARK 5TH ADDITION ACTION TO BE CONSIDERED: ➢ To approve a sixty-day recording extension for the Eagandale Office Park 5`h Addition. FACTS: ➢ The Eagandale Office Park 5ch Addition was approved on February 6, 2001. They were granted an extension for recording the final subdivision on March 20, 2001 and a ninety-day extension on July 17, 2001. ➢ The applicant states that the plat will be sent to the County Surveyor for approval later this week and expect to have approval by early to mid-November. They are optimistic that the requested extension will provide enough time for completing the platting process. ATTACHMENTS: (2) • October 9, 2001 correspondence, page 3 S. • Final Subdivision Exhibit, page ~..3 f ism ATTORNEYS East Madison Ave Mark D. Stephenson STEPHENSON & SANFORD, P.L.C. Grantsb Box507 James A. Sanford' urg, WI 54840 5955 valdis A. Silinc ATTORNEYS AND COUNSELORS AT LAW Phone 71 S X63 5955 Kevin J. Dunlevy 501 Marquette Ave, 1440 William L. Norinc PARALEGALS Theresa A. Hodnen • Minneapolis, MN 55402 Lisa K. Sukola Phone (612) 375-1440 Facsimile (612) 375-9839 Michael R. Willett Mary R. Petersen Paige M. Fitzgerald Rebecca A. Nelson Daniel G. Kelly x Jeffrey A. Powers Demond K. Reed Y ADMITTED IN NEW YORK Megan C.Tulikangas + ADMITTED IN NORTH DAKOTA Coumba Diop Diene x ADMITTED IN WASHINGTON D.C. • ADMITTED IN WISCONSIN Gem Hayes October 9, 2001 Ms. Marilyn Wucherpfennig Sent Via Facsimile City of Eagan Planning Department Transmission and 3830 Pilot Knob Road U. S. Mail Eagan, MN 55122 Re: Eagandale Office Park 5th Addition Our File No. 2519 Dear Ms. Wucherpfennig: During our telephone conversation of October 8, 2001, I explained that my client is in the process of arranging its affairs to put itself in a position to complete the process of recording the above-referenced plat. We will be sending the plat to the County Surveyor for approval later this week and expect to have said approval by early to mid-November; the office of the County Surveyor has indicated that it has a one month backlog of work to complete. At the July 17, 2001, City Council Meeting, my client's request for an additional 90 days for recording the plat was granted. At that time, it was hoped that 90 days would be sufficient. As it turns out, we were overly optimistic and it appears that we will be unable to meet the October 17, 2001, deadline for recording the plat. My client has assured me that the last few elements of this project are falling into place and that it will be in a position to record the plat by the end of November 2001. As such, I am writing to request an additional two-month extension of the deadline for recording the plat. Please find enclosed my law office check in the amount of $75.00 for the required fee. I am also requesting that you arrange to have this mater placed on the agenda for the City Council Meeting scheduled for October 16, 2001. I plan to attend the meeting in case the Council has questions regarding the status of this matter. Please do not hesitate to contact me with any questions or concerns you have regarding this matter. Thank you for your time, your consideration, and your patience. Sincerely, Daniel G. Kelly enclosure cc: George Zirnhelt I 1 ' 1 1 1 t :1 : I' • t ' Jill) is i'W I It i t , jt /I w/ S__a 4 L . i , i I ~ ! ~ / Est - ~ p iil~ ~ ' ~ f ~ ~ 1 i , 11 ; 1' . .I Q t~if , ii ~ ~ , i I; ~ F; -•t t li~ ' ` a i! r1 I l i l a f €jII I~I;I rl 1 LIY 1 L y l; I } / I I A~ 43 Vei J t E, i IS I r!t I I C] Q~~ [ ~ t f ' ~ , I~ ~ ~ ill I t,~ Qj ~ I W;~ #i it i= ~i ~ wl << iC r r I 4Yl we, pp I . CIAP. N lg,l-__---~ I I 1 ' 1 ' 1 ' I ' 3,6 ism Agenda Information Memo October 16, 2001 I. DIRECT PREPARATION OF ORDINANCE AMENDMENT, CHAPTER 10, SECTION 10.11 OF THE EAGAN CITY CODE ENTITLED DOG AND CAT REGULATION AND DOG LICENSING ACTION TO BE CONSIDERED: To direct the City Attorney's office to prepare an ordinance amendment to Chapter 10, Section 10. 11, entitled dog and cat regulation and dog licensing, revising language pertaining to potentially dangerous and dangerous dog designations as a result of revisions to Minn. Stat. §347.50-§347.55. FACTS: • The Minnesota Legislature made several legislative changes to the dangerous dog law, Minn. Stat. §347.50-§347.55 • The most significant change is the new §347.515, which requires the owner of a dangerous dog and potentially dangerous dog to implant a microchip in the dog for identification. The new legislation declares it a misdemeanor for an owner to fail to implant or to remove a microchip. The new legislation also provided for additional requirements of the owner of a dangerous dog. • An overview of the additional language to be included in the ordinance is as follows: ➢ Hearings for potentially dangerous dogs are provided for due to the requirement that a microchip must be installed in potentially dangerous dogs. ➢ Annual renewal of the certificate of registration is required for dangerous dogs as long as the dog remains within the City. ➢ The City may require a dangerous dog to be sterilized at the owner's expense. ➢ The City may destroy a dog that inflicted substantial or great bodily harm upon a human being on public or private property without provocation subject to the owner's right to appeal and hearing. ➢ Notification of dog's death or relocation shall be provided to the City. ➢ Disclosure of dangerous dog designation shall be provided to rental property owners. ➢ Notification shall be provided to the purchaser of a dangerous dog. ➢ The dangerous dog designation may be reviewed at the owner's request beginning six months after the dangerous declaration. • The proposed ordinance amendment will be placed on a future City Council agenda under New Business. 3 Agenda Information Memo October 16, 2001 Eagan City Council Meeting J • X ACCEPT $500 FROM SAM'S CLUB ACTION TO BE CONSIDERED: To accept a grant from Sam's Club in the amount of $500. FACTS: • Sam's Club has recently opened in the City of Eagan. • As part of their community relations effort, Sam's Club provides grants to communities in which it operates. • Sam's Club does not require the grant be allocated for any specific project, however it is generally encouraged for environmental uses. • The City's Parks & Recreation Department will identify a project for which the grant will be used and a letter of appreciation will be sent to Sam's Club. 39 Ant Agenda Information Memo October 16, 2001 K. PROJECT 795, COVINGTON LANE, BEACON HILL, BRITTANY 1sT - 6T" ADDITIONS JOHNNY CAKE RIDGE ADDITIONS - STREET OVERLAY ACTION TO BE CONSIDERED: Receive the draft feasibility report for Project 795 (Covington Lane, Beacon Hill, Brittany V - 6' Additions, Johnny Cake Ridge Additions - Street Overlay) and schedule a public hearing to be held on November 20, 2001. FACTS: • On September 17, 2001, the City Council directed staff to prepare a feasibility report considering a bituminous street rehabilitation on the streets within the Beacon Hill, Brittany 1 s'- 6", and Johnny Cake Ridge Additions, as well as Covington Lane, from Johnny Cake Ridge Road to Stonecliffe Drive. • The neighborhood includes Beacon Hill Circle, Beacon Hill Court, Beacon Hill Road, Cambridge Drive, Covington Circle, Covington Court, Covington Lane (from Johnny Cake Ridge Road to Stonecliff Drive), Kingsbury Drive, Lancaster Lane, Norwood Circle, Norwood Court, Norwood Drive, Penkwe Circle, Penkwe Way, Ridge Cliffe Drive, Sheffield Circle, Sheffield Lane, Shelvin Court, Sherwood Court, Sherwood Way (from Johnny Cake Ridge Road to Windsor Court), and Trenton Lane, all located to the southeast of the intersection of Cliff Road and Johnny Cake Ridge Road. • The resurfacing of the streets within the Beacon Hill, Brittany 1 S' - 6t', and Johnny Cake Ridge neighborhoods are programmed for 2002 in the City of Eagan's 5-Year CIP (2002-2006). • This draft feasibility report has been completed and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. • An informational neighborhood meeting will be held with the residents prior to the Public Hearing to review and discuss the proposed improvements. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. 3r Agenda Information Memo October 16, 2001 L. PROJECT 853, WOODGATE 1ST ADDITION STREET OVERLAY ACTION TO BE CONSIDERED: Receive the draft feasibility report for Project 853 (Woodgate I" Addition - Street Overlay) and schedule a public hearing to be held on November 20, 2001. FACTS: • On September 17, 2001, the City Council directed staff to prepare a feasibility report considering street rehabilitation on the streets within the Woodgate I" Addition. • The neighborhood includes Hickory Hill, Hickory Lane, Walnut Court, and Walnut Lane, all to the northeast of the intersection of Cliff Road and Johnny Cake Ridge Road. • The bituminous resurfacing of the streets within the Woodgate ls` Addition neighborhood is programmed for 2002 in the City of Eagan's 5-Year CIP (2002- 2006). • This draft feasibility report has been completed and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. • An informational neighborhood meeting will be held with the residents prior to the Public Hearing to review and discuss the proposed improvements. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. ~ep TEE Agenda Information Memo October 16, 2001 M. PROJECT 854, PARKCLIFF ADDITIONS STREET OVERLAY ACTION TO BE CONSIDERED: Receive the draft feasibility report for Project 854 (Parkcliff 1" - 3' Additions - Street Overlay) and schedule a public hearing to be held on November 20, 2001. FACTS: • On September 17, 2001, the City Council directed staff to prepare a feasibility report considering a bituminous street rehabilitation on the streets within the Parkcliff I" - 3rd Additions. • The neighborhood includes Parkcliff Drive, Parkridge Court, and Parkridge Drive, all to the south of Cliff Road, within the Northeast quarter of Section 34. • The resurfacing of the streets within the Parkcliff neighborhood is programmed for 2002 in the City of Eagan's 5-Year CIP (2002-2006). • This draft feasibility report has been completed and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. • An informational neighborhood meeting will be held with the residents prior to the Public Hearing to review and discuss the proposed improvements. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. L/ I Agenda Information Memo October 16, 2001 N. PROJECT 856, CHES MAR 1ST -5 TH ADDITIONS STREET OVERLAY ACTION TO BE CONSIDERED: Receive the draft feasibility report for Project 856 (Ches Mar l s` - 5' Additions - Street Overlay) and schedule a public hearing to be held on November 20, 2001. FACTS: • On September 17, 2001, the City Council directed staff to prepare a feasibility report considering street rehabilitation for the streets within the Ches Mar Is'- 5' Additions. • The neighborhood includes Ches Mar Drive, Ches Mar Lane, Dunberry Circle, Dunberry Lane, Lakeside Circle, Lakeside Drive, Oak Leaf Circle, and Ridgeview Drive, all located to the northeast of the intersection of Cliff Road and Pilot Knob Road. • The bituminous resurfacing of the streets within the Ches Mar 1 s` - 5`h neighborhood is programmed for 2002 in the City of Eagan's 5-Year CIP (2002-2006). • This draft feasibility report has been completed and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. • An informational neighborhood meeting will be held with the residents prior to the Public Hearing to review and discuss the proposed improvements. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. ~d;~ irnn Agenda Information Memo October 2, 2001 Eagan City Council Meeting 0. CONTRACT 00-01 (CLIFF RD. WATER TREATMENT FACILITY- RESTRORATION) ACTION TO BE CONSIDERED: Approve Change Order #3 and the Final Pay Request for Contract 00-01 (Cliff Rd. Water Treatment Facility - Restoration) and authorize perpetual maintenance in accordance with the contract documents. FACTS: • Contract 00-01 provided for the masonry restoration of the Cliff Rd. Water Treatment facility. • Change Order #3 adds $28,011.08 to the contract for additional costs related to: • Removal and replacement of exterior windows. (Add $28,050.08) • Repairs in lieu of removal/replacement of other ext. windows (Deduct $3653) • Repair /reconstruct concrete aprons on south and west side (Add $ 1680) • Repair sheet metal roofing over Backwash tank (Add $724) • Reconstruct brick cavity wall weep over south garage wall (Add $1210) • This work has been completed in accordance with the approved plans and specifications, reviewed by representatives of the Public Works Department and found to be in order for favorable consideration of the Council for final payment and acceptance. i Agenda Information Memo October 16, 2001 P. PROJECT 849. DEERWOOD PLACE STORM MITIGATION IMPROVEMENTS ACTION TO BE CONSIDERED: Authorize the preparation of a feasibility report for Project 849 (Deerwood Place - Storm Mitigation Improvements) by the City's consulting engineering firm of Bonestroo, Rosene, Anderlik and Associates (BRAA). FACTS • The analysis of the need for storm water drainage system mitigation improvements in the portion of Engstroms Deerwood Addition, southwest of Pilot Knob Road and Deerwood Drive, affected by the July 2000 Super Storm was not included in the Preliminary Design Report (April 2001). • The area of Engstroms Deerwood Addition impacted by the July 2000 storm included properties on Deerwood Place. • City staff only learned about the impacts from the July 2000 storm in the Deerwood neighborhood in August 2001. For this reason the area was not included as an impacted property in the Preliminary Design Report. • Upon a preliminary review of the impacts to the neighborhood and an evaluation of the existing storm drainage system, it appears that the area does not meet the City's design standards for a 1 % probability rainfall event. • Based on the City's previous actions regarding the analysis of other areas impacted by the July 2000 Super Storm, it may be appropriate for the City Council to authorize the preparation of a Feasibility Report by the City's consulting engineering firm of BRAA to refine the scope, cost, schedule and method of financing the construction of the storm mitigation improvements. ~nn Agenda Information Memo October 16, 2001 Q. PROJECT 771, LEXINGTON AVENUE DIVIDED FOUR-LANE UPGRADE ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 771 (Lexington Avenue - Divided Four-Lane Upgrade) with the owner of Parcel 10-84500-010-01 (Studio 3345) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan is the lead agency in partnership with the Dakota County Highway Department in the upgrade of Lexington Avenue (CSAH 43) to a four-lane divided highway between Lone Oak Road and Yankee Doodle Road and includes the installation of new traffic control signals at the intersections of Northwood Parkway/Neil Armstrong Boulevard and Clubview Drive. • The upgrade of Lexington Avenue required the acquisition of numerous permanent and temporary easements from the adjacent properties. • Appraisals were obtained for all required easements. The appraisal of the easements for said property indicated a value of $17,800. In order to settle and avoid additional costs in attorney fees and commissioner's hearings, staff has suggested an offer of $20,000 as an appropriate alternative. The property owner has consented to this offer. • An agreement between the City of Eagan and the owner of Studio 3345 has been prepared providing for the payment of the acquisition of all necessary easements. • Engineering staff and the City Attorney's office have reviewed this agreement and found it to be in order for favorable Council action. ISSUES: • The property owner has requested an immediate resolution to the easement acquisition. However, staff has not received the fully executed agreement at the writing of this report. If the agreement is not received prior to the City Council meeting, staff will request removal of said item from the October 16 agenda. • If the City Council would desire to discuss this item, it would be appropriate to withhold discussion until the Executive Session. L15' Agenda Information Memo October 16, 2001 R. ~&PROJECT 749, TH 55 SOUTH FRONTAGE ROAD DIVIDED FOUR-LANE UPGRADE ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 749 (Trunk Highway 55 South Frontage Road - Street and Utility Improvements) with the owner of Parcel 10-03800-070-10 (3225 Highway 55) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 749 provided for the installation of street and storm sewer for the upgrade of the frontage road along the south side of TH 55, east of TH 149, for access management purposes and included minor sanitary sewer and water main improvements to accommodate the street improvements. • The boulevard along the south side of the frontage road was very narrow, typically less than 3' in width. • As part of the utility relocations necessary for the street upgrade, the contractor was required to relocate an existing fire hydrant from the north side of the frontage road to the south side. An existing easement was not available for the hydrant relocation. • The property owner has requested a payment of $300 for the drainage and utility easement. In order to settle and avoid costs in attorney fees, staff has concurred with this request. • An agreement between the City of Eagan and the owner of the property at 3225 Highway 55 has been prepared providing for the payment of the acquisition of the necessary easement. • Engineering staff and the City Attorney's office have reviewed this agreement and found it to be in order for favorable Council action. ISSUES: • Staff has not received the fully executed agreement at the writing of this report. If the agreement is not received prior to the City Council meeting, staff will request removal of said item from the October 16 agenda. • If the City Council would desire to discuss this item, it would be appropriate to withhold discussion until the Executive Session. '16 IN; Agenda Information Memo October 16, 2001 Eagan City Council Meeting S Proposed Amendment to City Ordinance #2.38 ACTION TO BE CONSIDERED: Direct city staff to draft an amendment to City Ordinance # 2.38 that allows the- . city's Code Enforcement Technicians to issue citations for violations of the city code. Also, because the city does not have Sign Inspectors, it is suggested that this be deleted from the ordinance. FACTS: • Ordinance # 2.38 of the Eagan City Code gives certain city staff members the authority to issue citations. It includes personnel like Peace Officers, Community Service Officers, Senior Planner, and the Chief Building Official. • It does not include Code Enforcement Technicians. • The city does not have the staff position Sign Inspector. ATTACHMENTS Current copy of Eagan Ordinance # 2.38. G n f~O J e y g. - - ADMINISTRATION AND GENERAL GOVERNMENT § 2.50 Sec. 2.38. Issuance of citations. Subd. 1. Except as otherwise provided by statute, only a peace officer and part-time peace officer may. A. Ask a person receiving a citation to give a written promise to appear in court; or B. Take a person into custody as permitted by Minn. Stat. § 629.34. Subd. 2. The following city individuals may issue citations in lieu of arrest or continued detention for violation of the City Code. Areas of jurisdiction will be contained in city policy as set forth in resolution form by the council. A. Peace officers and part-time peace officers. B. Reserve officers. C. Community development director, senior planner, planner, associate planner, and planning aide. D. Chief building official and building inspectors. E. Sign inspectors. F. Director of public works and engineering technicians. G. Fire inspection officers. H. Animal control officers. 1. Community service officers. J. Water resources coordinator. (Ord. No. 62, 2nd series, eff. 6-24-88; Ord. No. 121, 2nd series, eff. 7-26-91; Ord. No. 146, 2nd series, eff. 8-28-92; Ord. No. 226, 2nd series, eff. 11-4-96; Ord. No. 238, 2nd series, eff. 8-5-97) Secs. 2.39-2.49. Reserved. Sec. 2.50. Advisory commissions and committees generally. All advisory commission and committee appointments authorized by ordinance or resolu- tion shall be made by the council at the second regular meeting in January of each year or at such other time as determined by the council and such appointments confirmed prior to the expiration of the existing terms. The term of each appointee shall be established and stated at the time of his appointment. Each commission or committee shall be composed of seven regular members who shall serve staggered (two or three members subject to appointment each year) three-year terms, unless otherwise required by statute, Code or resolution. However, no member may serve more than three consecutive three-year terms or more than nine consecutive years on any one commission or committee. An eighth member shall be appointed to each commission or committee as an alternate for a period of one year and shall have all of the powers and duties of a commission or committee member during the absence or disability of a regular member. Notwithstanding the provisions of this section, the council may by resolution establish special ad hoc committees or groups consisting of any number of members Supp. No. 2 CD2:11 F00, irmi Agenda Information Memo October 16, 2001 Eagan City Council Meeting PUBLIC HEARINGS A. PROJECT 668, LONE OAK ROAD RECONSTRUCTION/ UPGRADE FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for Project 668 (Lone Oak Road Reconstruction/ Upgrade - Lexington Avenue to Highway 551 149) and authorize its certification to Dakota County for collection. FACTS: • Project 668 provided for the reconstruction and upgrade of County Road 26 (Lone Oak Road) from Lexington Avenue to approximately '/o mile east of Highway 551 149, as outlined and discussed in the feasibility report. • The final assessment roll was presented to the City Council on September 17, 2001, with a public hearing scheduled for October 16 to formally present the final costs associated with this public improvement to the affected benefiting properties. The final assessments are approximately 28% less than the estimate contained in the feasibility report presented at the public hearing held on October 21, 1997. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. No objections have been received to date. ATTACHMENTS: • Final Assessment Report, pages~through4. i FINAL ASSESSMENT HEARIN PROJECT HEARING DATES NUMBER - Prniertt 669 ASSESSMENT - October 16, 2001 NAME - Lone Oak Rnad IMPROVEMENT- O nber 21 1997 Utility and Street Installation IMPROVEMENTS INSTALLED AND/OR ASSESSED F.-=Feasibility Report FINAL F.R FINAL F.R BATE BATE IMTS BATE BATE TWITS SANTTARV STORM SF.WER SEWER ❑ Trunk ❑ Trunk ❑ Lateral ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk WATER STREET ❑ Trunk ❑ Gravel Base ❑ Lateral H Lone Oak Road $124.20 $124.20 E.E Lone Oak Circle STIR $104.59 E.E_ Reconstruction ❑ Service Lone Oak Circle 14.78 T.6033. E.E. mill and overlay ❑ Multi Fam Equiv. Bf Lat. Benefit/trunk $2.fi.2~ 26.25 LEE. ❑ WAC ❑ C/I Equiv. ❑ Trail/Sidewalk OTHER STRF.F.T LIGHTS Completion ❑ Installation ❑ Energy Charge CONTRACT NO-OF INTEREST AMOUNT CITY hu PARCELS TERMS BATE ASSESSED FINANCED Dakota County 1, 167,242 F_R_ 561, 52_ R F_R_ 26-28 34 15 Years 7.00% R42,799_14 00,669,R03-35_ COMMENTS: SD MEMO TO: MAYOR AND CITY COUNCIL FROM: GERALD R. WOBSCHALL, FINANCIAL CONSULTANT DATE: September 28, 2001 SUBJECT: FINAL ASSESSMENT ROLL, PROJECT 668 GRAND OAKS 2 STREETS AND UTILITIES The City Council at the conclusion of the public hearing on October 21, 1997 ordered Project 668. According to the feasibility report, the following improvements were to be constructed and assessed: water main, storm sewer lateral, and street improvements to Lone Oak Circle and Lone Oak Road. The improvements to Lone Circle were mill and overlay of the northern 525 feet and construction of the southerly 755 feet. In the feasibility report, it was proposed to assess the improvements using linear methods of assessment. It was proposed to assess 100% of the construction cost of Lone Oak Circle. The water lateral benefit from trunk and the Lone Oak Road street assessment were proposed for assessment using the fee schedule assessments for the abutting properties zoning classification. Subsequent to the public hearing the scope of the project was reduced by deleting the mill and overlay portion of Lone Oak Circle. The mill and overlay improvement was completed as City Project 789. This assessment report is prepared using the same methods of assessment as presented in the feasibility report. The construction of the improvement was accomplished under County Contract No. 26-28, which is complete. The assessment hearing is scheduled for October 16, 2001. The following information was used in the preparation of the assessment roll. 1. PROJECT COST The construction cost includes the amount of $1,628,555.48 paid to the contractors for the construction of the following detailed improvements. Other costs which consist of. engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $867,046.80 and easement costs totaling $1,016,999.21 were incurred resulting in an improvement and project cost of $3,512,601.49. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER COSTS IMPROVEMENT FEASIBILITY IMPROVEMENT COST & EASEMENTS COST REPORT Water main and lateral $99,418.29 $52,930.53 $152,348.82 $193,360 Storm sewer 214,234.35 244,106.15 458,340.50 225,000 Street Construction 1,244,175.98 1,549.354.18 2,793,530.16 1,197,140 Trails 26,821.56 14,279.86 41,101.42 63,000 Traffic signal 43,905.30 23,375.29 67,280.59 50,000 Total $1,628,555.48 $1,884,046.01 $3,512,601.49 $1,728,500 2 S/ i H. ASSESSMENTS A. TRUNK ASSESSMENTS The properties affected by this improvement were charged for trunk area assessments through prior public improvement projects. B. UTILITY LATERAL AND STREET IMPROVEMENTS 1. Water main and lateral improvements a. Water Main Improvement A 16-inch DIP water main with appurtenances was installed in Lone Oak Road from approximately 500 feet west of Highway 55 to was extended in a westerly direction and connecting to existing an existing water main in front of the Ecolab facility. The construction cost of this water main was $90,770.65. Other costs in the amount of $48,326.51 were allocated resulting in an improvement cost of $139,097.16. The improvement and assessment rates were determined in the following manner: IMPROVEMENT COST IMPROVEMENT UNITS IMPROVMENT RATE $139,097.16 3,852 F.F. $36.11/F.F. Commercial and industrial properties are charged a 12-inch lateral equivalent when assessed for a water improvement that exceeds 12 inches. The assessment rate is based on the lower of the fee schedule rate or the improvement rate. The assessment rate therefore is $26.25/F.F. because that is less than the computed improvement rate of $36.11/F.F. The portion of the costs that are not assessed will be financed by the City's Water Trunk Fund. b. Water Lateral Improvement An 8-inch DIP water lateral approximately 270 feet in length was installed in the newly aligned and constructed Lone Oak Circle. This water lateral replaces an 8-inch lateral within the old alignment of Lone oak Circle. The construction cost of this improvement is $8,647.64. Other costs that total $4,604.02 were allocated, resulting in an improvement cost of $13,251.66. This improvement will be financed by the Water Division of the City's Utility Enterprise Fund. 2. Storm Sewer Improvement The storm sewer improvements consist storm sewer laterals, catch basins, manholes and appurtenances to provide street drainage for Lone Oak Road and Lone Oak Circle, outlets for Ponds EP-9, EP 12 and EP-13 and construction at pond EP-9 to enhance storm water treatment The City share of the construction cost amounted $214,234.25. Other costs that total $114,058.88 and easement costs of $130,047.40 were allocated resulting in an improvement cost of $458,340.40. These improvements will be financed by the City's Major Street Fund, Storm Sewer Trunk Fund and the Storm Sewer Division of the Utility Fund. 3 inn 3. Street Improvements The street improvements consisted of the upgrade of Lone Oak Road to a 90 Foot urban thoroughfare from 500 feet east of Lexington Avenue easterly to a approximately 500 feet east of Highway 55 and the construction of Lone Oak Circle to approximately 700 feet north of Lone Oak Road. Lunar Lane to the south of Lone Oak Road was reconstructed because of the changed elevation of Lone Oak Road. The City share of the construction is $1,244,175.98. Other costs in the amount of $662,402.24 were allocated and easement costs of $886,951.94 were incurred resulting in an improvement cost of $2,793,530.16 a. Lone Oak Circle It is proposed to assess the properties abutting Lone Oak Circle for a mill and overlay improvement. These properties would have been assessed a mill and overlay assessment the same as those properties to the north were it not for the realignment of Lone Oak Circle to accomplish a full intersection at Lone Oak Road. The assessment rate is based on the historical rate developed from the Project 789. The improvement cost of Project 789 was $18,771.15. The assessment rate was computed in the following manner: IMPROVEMENT COST IMPROVEMENT UNITS IMPROVMENT RATE $18,771.15 1,270.34 F.F. $14.78/F.F. IMPROVEMENT RATE ASSESSABLE SHARE ASSESSMENT RATE $14.78 X 100% $14.78/F.F. a. Lone Oak Road-52 Foot Street Common Unit Front Foot Description Measure Quantity Units Price Rate Subgrade excavation 36 inches 3 Cu. Yd. 1.87 $5.61 Granular backfill 16 inches 1.3333 Cu. Yd. 6.23 8.31 Class 5 Aggregate base 12 inches 1.98 Ton 6.97 13.80 2331 Base course 2.5 inches .3743 Ton 21.77 8.15 2331 Binder course 2.5 inches .3743 Ton 22.45 8.40 2341 Wear course 1.5 inches .2246 Ton 25.40 5.70 Bituminous mat'l for tack 2 coats .2722 Gal. 1.55 .42 B618 Concrete curb 1 fin. Ft 1 Lin. Ft. 6.32 6.32 Restoration Acre .0006 Acre 2,796.24 1.54 Other construction 1 Lin Ft 23.70 23.70 Storm sewer 1 Lin Ft 25.01 25.01 Subtotal $106.96 Other Costs at 53.24% 56.94 Assessment Rate $163.90 4 S3 In accordance with City policy, the fee schedule assessment rate of $124.20/F.F. for a 52 foot street will be used in this assessment roll because that is lower than the assessment rate computed using the unit prices in the contract. 4. Trails A 10-foot bituminous trail was constructed on the north and south sides of Lone Oak Road as part of this project. The cost to construct the bituminous trail was $26,821.56. Other costs that total $14,279.86 were allocated, resulting in an improvement cost of $41,101.42. This trail improvement will be financed by the City's Major Street Fund. 5. Traffic Signals The traffic signal at the intersection of Lone Oak Road and Trunk Highway 55 was reconstructed as a part of this improvement. The City of Eagan's share of construction cost was $43,905.30. Other costs totaling $23,375.29 were allocated resulting in an improvement cost of $67,280.59. The traffic signal improvement will be financed by the City's Major Street Fund. C. ASSESSMENT TERMS The assessments are proposed for a term of 15 years. The interest rate is 7.0% per annum on the unpaid balance. III. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT CITY IMPROVEMENT COST ASSESSMENTS (RESPONSIBILITY) Water main and lateral $152,348.82 $44,447.56 ($107,901.26) Storm sewer 458,340.50 (458,340.50) Street Construction 2,793,530.16 798,350.58 (1,995,179.58) Trails 41,101.42 (41,101.42) Traffic signal 67,280.59 (67,280.59) Total $3,512,601.49 $842,798.14 ($2,669,803.35) 5 7f ill l The financing sources for this project are: Fund Amount Water Trunk Fund $94,649.54 Storm Sewer Trunk Fund 201,246.23 Major Street Fund 2,358,885.94 Storm Sewer Division of the Utility Fund 31,769.98 Water Division of the Utility Fund-Renewal & Replacement 13,251.66 TOTAL $2,699,803.35 Gerald R. 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C / +9 w N .r d ■ 0 ~ Q J ■ J N c Q \ 0 Z m N m C / co J N W l-`C N m Q , C w J J @ (p O Z / O 00 C.) r~ v c w v io~lnc N rn U / m w cu W Y / NZ a O CU w QJ Q O ti Cr) N Z O V ~J O N N Q L Z w W N Y Q i Y n/ ti 1 Agenda Information Memo October 16, 2001 Eagan City Council Meeting B. PROJECT 799, EAGANDALE CENTER INDUSTRIAL PARK STREET IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for Project 799 (Eagandale Center Industrial Park and Eagandale Office Park Additions - Street Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 799 provided for the bituminous overlay of the streets within the Eagandale Center Industrial Park and Eagandale Office Park area, including Eagandale Boulevard, Eagandale Court, West Service Road, Center Court, Eagan Industrial Road, Trapp Road, Corporate Center Curve and Corporate Center Drive, in north- central Eagan, as outlined and discussed in the feasibility report. • The final assessment roll was presented to the City Council on September 17, 2001, with a public hearing scheduled for October 16 to formally present the final costs associated with this public improvement to the affected benefiting properties. The final assessments are approximately 40% less than the estimate contained in the feasibility report presented at the public hearing held on March 6, 2001. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on October 10 to address all property owners' questions or concerns and provide any additional information of interest. Of the 94 parcels (commercial/ industrial property) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages-63through~. 6cp~ FINAL ASSESSMENT HEARING PROJECT HEARING DATES NUMBER - 799 ASSESSMENT - October 16. 2001 NAME - Eagandale Center Industrial/Office Parks IMPROVEMENT- March 6.2001 Mill and Overlay, and Driveways IMPROVEMENTS INSTALLED AND/OR ASSESSED F.R.=Feasibility Report FINAL F.R FINAL F.R RATE RATE UNITS RATE RATE UNITS SANITARY SEWER STORM SEWER ❑ Trunk ❑ Trunk ❑ Lateral ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk ❑ Lat. Benefit/trunk WATER STREET ❑ Trunk ❑ Gravel Base ❑ Lateral 0 Surfacing C/I Properties $1,355.84 $2,017 /Acre ❑ Service ❑ Lat. Benefit/trunk ❑ WAC 0 Driveway Apron. 56.04 89 Sq. Yd. 50.74 Sq. vd. ❑ Trail/Sidewalk SERVICES STREET LIGHTS ❑ Water & San Sewer ❑ Installation ❑ Energy Charge CONTRACT NO.OF INTEREST AMOUNT CITY NO. PARCELS TERM RATE ASSESSED FINANCED $1.135,535 F.R. $205.550 F.R. 01-02 94 15 Years 7.00% $671,466.46 $159,715.46 COMMENTS: e-13 MEMO city of eagan MEMO TO: Mayor and City Council FROM: Gerald R. Wobschall DATE: September 27, 2001 SUBJECT: Final Assessment Roll Project No.799 Eagandale Center Industrial/Office Parks Street Overlay and Driveway Improvements The City Council at the conclusion of the public hearing on March 6, 2001 ordered Project 799. According to the feasibility report, the following improvements were to be constructed and/or assessed. The improvements are mill and overlay of existing streets and concrete driveway apron installation, replacement of curb and gutter, sanitary sewer manhole casting replacement and storm sewer improvements.. In the feasibility study, it was proposed to assess the improvements using an area method for the mill and overlay improvement and a unit method for the concrete driveway apron improvement. This assessment roll is prepared using the methods presented at the public hearing. Construction of the improvements was accomplished under Contract No. 01-02, which is complete. The assessment hearing is scheduled for October 16, 2001. The following information was used in the preparation of the assessment roll. 1. PROJECT COST The construction cost includes the amount of $703,111.34 paid to the contractor for the constriction of the following detailed improvements. Other costs which consist of engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling in the amount of $126,27155 and easement costs in the amount of $1,799.03 were incurred resulting in an improvement and project cost of $831,181.92. The detail of these other costs is provided on Schedule I and they are allocated to the improvements constructed in order to determine the cost of each improvement. CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS COST REPORT Street'resurfacing $387,985.29 $69,678.16 $457,663.45 $681,100 Driveway aprons 180,299.10 32,379.86 212,678.96 443,620 Storm sewer 21,934.00 5,738.15 27,672.15 8,980 Curb repair 94,787.95 17,022.94 111,810.89 142,650 Sanitary sewer 18,105.00 3,251.47 21,356.47 53,920 TOTAL $703,111.34 $128,070.58 $831,181.92 1,330,270 6 i®m II. ASSESSMENTS A. TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. B. STREET IMPROVEMENTS 1. Street Overlay The cost of the street overlay improvement was computed using the following unit prices and quantities: UNIT EXTENDED - - - -ITEM UNIT QTY PRICE ---COST _ Mobilization LS. 1 $1,000.00 $1,000.00 Mill bituminous surface Sq. Yd. 40,628 .60 24,376.80 Remove bituminous pavement Sq. Yd. 2,929 2.10 6,150.90 Bituminous mat. for tack coat Gal. 6,195 1.25 7,743.75 Type 32 Base course mix Ton 311.11 24.35 7,575.53 Type 32 Binder course mix Ton 272.58 24.35 6,637.32 Type 41 Wear Course Ton 12,807.76 24.00 307,386.24 Traffic control L. S. 1 9,350.00 9,320.00 Adjust water valve box Each 23 125.00 2,875.00 Adjust manhole casting Each 32 175.00 5,600.00 4" Double Solid Yellow Line L. F. 21,305 .36 7,669.80 4" Solid White Line L. F. 301 .95 285.95 SUBTOTAL $387,985.29 Other costs @17.96% 69,678.16 Mill and Overlay Cost 457,663.45 A. Commercial and Industrial Property The improvement and assessment rates for the commercial industrial property classification was computed using: 'OTAL IMPROVEMENT ASSESSABLE COST UNITS IMPROVEMENT RATE $457,663.45 337.55 Acres. $1,355.84/Acre ASSESSABLE IMPROVEMENT RATE SHARE ASSESSMENT RATE $1,355.84 /Acre. X 100% $1,355.84 /Acre r 2. Driveway Apron Replacement The City incurred construction costs of $180,299.10 to install 3,717 square yards of concrete driveway aprons and removal of a concrete driveway. Other costs in the amount of $32,379.86 were allocated resulting in an improvement cost of $212,678.96. The construction cost related to change order number 1 amounts to $3,718.10. The pro-rata share of other costs amounts to $667.73 which results in an improvement cost of $4,385.83. The improvement cost for driveway installation is computed in the following manner: Improvement Cost $2129678.96 Less Change order 1 4,385.83 Driveway apron cost $208,293.13 The assessment rate for was computed using the following: 'OTAL IMPROVEMENT ASSESSABLE COST UNITS IMPROVEMENT RATE $208,293.13 3,717 Sq. Yd. $56.04 /Sq. Yd. ASSESSABLE IMPROVEMENT RATE SHARE ASSESSMENT RATE $56.04 /Sq. Yd. X 100% $56.04 /Sq. Yd. The costs related to change order number 1, $4,385.83, were recouped by increasing the affected property driveway area by 78.26 yards=($4,385.83- 56.04 /sq. yd). An entrance to 10-00300-020-03 was constructed using concrete valley gutter. The assessment rate was computed by adding the bid price of concrete valley gutter and deducting the bid price of driveway concrete. The computation is $56.04 -33.91 + 28.60= 50.74. 3. Storm Sewer Storm sewer improvements included the installation of 124 lineal feet of 12 inch RCP at a cost of $21,934.00. Other costs in the amount of $5,738.15 were allocated resulting in an improvement cost of $27,672.15. This improvement will be financed by the City's Trunk Storm Sewer Fund. 4. Curb and Gutter replacement The cost to replace damaged curb and gutter amounted to $94,787.95. Other costs in the amount of $17,022.94 were allocated resulting in a replacement cost of $111,810.89. This improvement will be financed by the City's Major Street Fund. Sanitary Sewer Manhole Replacement The City has a policy of replacing sanitary sewer manhole castings that do not meet current City Standards. 51 manhole castings were replaced at a cost of $18,105.00 Other costs that total $3,251.47 were allocated resulting in a replacement cost of $21,356.47. The replacement cost will be financed by the Sanitary Sewer Division of the City's Utility Enterprise Fund. 66 1411 C. ASSESSMENT SPREAD The special assessments are spread to the abutting and adjacent parcels. D. ASSESSMENT TERMS The assessments for this project have a term of 15 years with interest charged at an annual interest rate of 7.00 % on the unpaid balance. III. CITY REVENUES/(RESPONSIBILITIES) IMPROVEMENT ASSESSMENT CITY'S IMPROVEMENT COST REVENUE (RESPONSIBILITY) Street resurfacing $457,663.45 $457,663.82 .37 Driveway aprons 212,678.96 213,802.64 1,123.68 Storm sewer 27,672.15 0 (27,672.15) Curb repair 111,810.89 0 (111,810.89) Sanitary sewer 21,356.47 0 (21,356.47) TOTAL $831,181.92 $671,466.46 ($159,715.46) The following funds will provide financing for the listed improvements. Major Street Fund $110,686.84 Storm Sewer Trunk Fund 27,672.15 Sanitary Sewer Division of Utility Enterprise Fund 21,356.47 Total $159,715.46 Gerald R. Wobschall Reviewed Review Public Works Department Finance epartment to- I (-Of (l7'(( 41-1( Dated Dated cc: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I GRW 6 W O O ee~~ M CO M N CO (D N O O (O CD T O M tD O C) CO O O O M O a0 O M N O f` CD CO N O O J m W I~ CO tO CO T ej Ch N N f~ CO C0 0 er O M M ~O ~C I~ M el CO ID M O N ~t T c ) '~T O Cp el T CG O V O V M 1- v I- 1` O O M N N r` CA O T ti M M T M fl C) c v), M Mr~: M M P\ O M . N CO sf ~ CO et ~ T O C) f~ CO T O M N O (0 O N CO T O T N e~ T T 1~ O T M 'Cr T~ In T p ¢OQ N~N~sf I~cCNtDtD00~OI~CIC~M~OMMOI~OMTIAI~C>c~tnt~Of1~I~~tO~I~N O Q T N (V N T N M T O M et T CV v Cn T CD v f. 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NNNNNNNNNNNNNNrn V- V- V- V-OOCOOC~000 if All Q L (\n MENDOTA HEIGHTS A w ti ss INTERSTATE 494 ~r ...ter--~~~.~-•-ter t.r~ - E 1~ } 8 ►.°7 91~ E7GAN COMMERCE ALD. k 3QD PDpttl 1 1 1. gGghD E CENTER 7Dp4,29K OfF`Cf P'¢K r,~pA TRAPP ROAD ~2 t 7 ` ~~pP~t: 1 off' a I t : 1 n as , 29 3e i al i x as a. I » as t j US-TRIAL - 'I ac~ ` I I i a~ NT R O~ 1 P'te' ' u 1R i u 1o s' e r6~ s wow 0 p CORPORATE 101a CENT~c EAGAN I INDUSTRIAIL ' 7 0 1 I R I.aro7 S~ AY ' t 1 t O 1 I ROAD 2 7 e LL RPORATE s. 3 O~ EAGANDALEi OFFICE u CENTER Z a CURVE 3 a It 410-03 e2o~ 6 it { _ ci 2 EAGANDALE OFFICE PARK 2ND ADDITION 3 7 Eq~h l z 3 3 5 ~C 7ST DgDptr~ 7ER w 10 '9iL 13 t~ it m AVALON AVE it Ist-oi 0 13 114,1-07 Y 0,9 a I. 41 ~•y 16 ~ q O 171-07 O ZO Z~. u22ro1 Q 17 py PI) I 040-01 2 'lQ~Py t7 f-°p`` ti?9JS E30 -0 s 13 (V 041-01 21 V ' _ Ott-Ol ~ ~~v R.L.S. No, Qom{ E pv 20 EAG c .WEST 14op~~ 3 201-0319 oc: 6. !T G~SSI l 3 t2 SERVICE Q 6 z 17-0 < c a ix 431~PVP?O o 7 I7 Z 7 0 V . ~ Z 19{ o. w to 6' W 7 .J LONE OAK ROAD Street Improvements Assessment Area EAGANDALE INDUSTRIAL PARK Fig. STREET IMPROVEMENTS 2 City of Eagan LOCATION MAP - PROJECT # 799 ~j } Agenda Information Memo October 16, 2001 Eagan City Council Meeting C. PROJECT 850, DODD RD. (STREEETS AND UTILITIES ACTION TO BE CONSIDERED: Approve/Deny/Modify/Continue Project 850 (Dodd Rd. - Streets and Utilities), and if approved, authorize the preparation of detail plans and specifications. FACTS: • Project 850 provides for the urban upgrade for Dodd Rd. between Diffley Rd. and Ethan/Camberwell Dr. including storm sewer and off-street trails. • The Feasibility Report was authorized by the City Council on Sept. 4. A draft report was presented to the Council on Sept. 17 and a Public Hearing was subsequently scheduled for October 16. At the Sept. 17 meeting, the Council received a petition from several residents in the Bradford Place/Circle and Welland Court neighborhoods requesting that the proposed improvements be extended north from Ethan/Camberwell Dr. to the Elrene/Coventry Pkwy intersection. Although the Council accepted the petition, no action has been taken to date. • All notices have been published in the legal paper and sent to all properties abutting Dodd Rd. between Diffley and Wescott, including the Bradford Place/Circle and Welland Ct. neighborhoods. In addition, an informational meeting was held on Oct. 11 to review and discuss the details of this project. ATTACHMENTS: • Feasibility Report, Pages '9~3 throu h 1 . • Petition, pages , through • Neighborhood meeting minutes, page • Correspondence from area residents, pages / I I through. 119111 lot city of eagan Report for Dodd Road (Diffley Road to Camberwell Drive) Street and Utility Improvements City Project No. 850 Eagan, Minnesota September 13, 2001 File No. 49-99-103 BONESTR00 AND ASSOC R 6516361311 10112101 12:10 :02102 N0:015 ' ■onestfoo, ifosane, Anderllk and Associates, Inc. Is an Afiicmative Attson/Fqual Opportunlty Employer Bonestroo and Employee Owned Principals: Otto C! Sonestron. PF • Marvin t Snrval,i, PE . Olcnn R. Cook, PE. • Robert G tchunlchr. Pt Rosene Jerry A Itourdon, Pf. Anderlik & Senior ConsWtantu Robert W. Roscnc. PE • Josepn C Aoder Gk. PE - Richard E. Turner. P.E. - Susan M. F.berlln. C PA. Associate Princlpaliv Keittl A. Gordon, PE. - Robert R. Pfeffrrle. PE.. Ricnara W. Faller. lis • haVid O. Loskotd. PE. Associates Mark A Haoicn. Pt • Milh.-el I Rautmann, PF • tea K. Fleid. PE - Kenneth P Anderson. Pt • Wrk R Ralf. PE David A 6oneitroo, M @A.. Sii7ncy P Williamson. I-t- L,S - Agnes M Ru1g, M HA . AII, n Kick Schmidt. CF - Engineers 6 Architects Thorns W Pete`son. RE • Janus R Maldiid, RE • Miles U Jenarn tit • L Phillip Gravel III, P.E - mantel J Fage•ton, vt lamlel Martinez PE. • Thomas A Sytko. PF - Sheldon J Jonnson • D.dr A Grove. PF - Thom- A Roushar. PC Robert J Drvery. PE Offices: St P.4ul. St. Ciow. Rocnesler and Willmar. MN MawAukee WI • Chicago. IL ""site: wwwbonestioocom September 13, 2001 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Dodd Road (Diffley Road to Camberwell Drive) Street & Utility Improvements City Project No. 850, BRA File No. 49-99-103 Dear Mayor and Council: Attached is our report for the Dodd Road Street & Utility Improvements. The proposed utility and strut improvements are presented and discussed within the report along with detailed cost estimates and a preliminary assessment roll. We will be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss the report. Sincerely, BONESTROU, ROSENE, ANDERLIK & ASSOCIATES, INC. Michael S. Nil] I hereby certify that this plan, specification, or Enclosures report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. % Mich S. Nil1 Date: S-eple-mb r 13 2001 License No. 26914 C~•sti~Ol~-~~ Ma A. Hanson Date: September 13. 2001 License No. 14260 Reviewed by: Department of Public Works Reviewed by: Finance Department Date: ^ 2335 West Highway 36 a St, Paul, MN 55113 a 651-636-4600 ■ Fax: 651-636-1311 11111111 TABLE OF CONTENTS Letter of Transmittal ......................................................................................1 Table of Contents ...........................................................................................2 Scope ............................................................................................................3 Recommendations ..........................................................................................6 Feasibility, Necessity, and Cost Effectiveness ..............................................6 Discussion ......................................................................................................7 1. Street/Trail ..............................................................................7 2. Storm Sewer ............................................................................8 3. Utility Adjustments .................................................................8 4. Utility Services ........................................................................8 Cost Estimate .................................................................................................8 Easements and Permits ..................................................................................9 Area To Be Included ......................................................................................9 Assessments ...................................................................................................9 Revenue Sources ............................................................................................10 Project Schedule .............................................................................................10 Appendix A - Preliminary Cost Estimate Appendix B - Preliminary Assessment Roll Appendix C - Residential Street Equivalent Cost FIGURES Figure 1 Location Plan Figure 2 Land Use/Zoning Figure 3 Typical Section Figure 4 Storm Sewer Improvements Figure 5-6 Street Improvements Figure 7-11 Cross Sections Figure 12 Assessable Front Footage Dodd Road Street and Utility Improvements 2 i SCOPE Dodd Road Street and Utility Improvements provide for street improvements in Dodd Road between Diffley Road (Co. Rd. 30) and Camberwell Drive (see Figure 1). Dodd Road presently exists for the most part as a 28' wide roadway with a 24' wide bituminous surface (one lane in each direction) and a 2' wide gravel shoulder on each side constructed to a rural cross section. Trail and/or sidewalks do not exist. Storm water runoff from the road surface is conveyed overland in road ditches (where they exist) and driveway culverts. Storm water is directed to existing storm sewers (located in and along Dodd Road) and/or onto adjacent property. The land use abutting this segment of Dodd Road is residential. Nearly all the land abutting Dodd Road was platted and developed in the late 1980's and 1990's. Newly platted lots (approximately 11 lots) have either back lot lines and/or side lot lines adjacent to Dodd without direct driveway access. Two (2) parcels have direct driveway access to Dodd Road. Dodd Road, which was originally owned and maintained by Dakota County, was turned back to the City of Eagan in 1988. Dodd Road is designated a Municipal State Aid (MSA) Road as part of Eagan's MSA road system, and is classified a minor collector in Eagan's Transportation Plan 2000. Sanitary sewer and water main exist in and adjacent to Dodd Road to serve the abutting properties. Therefore sanitary sewer and water main improvements are not proposed, (except for adjustments) for this project. Service extensions will be reviewed with abutting property owners on un-platted property to determine if lot splits are anticipated in the near future. The proposed improvements to Dodd Road (from Diffley Road to Camberwell Drive) are in conjunction with the city standard for minor collector streets and are summarized as follows: 1. 36' wide with concrete curb and gutter (two drive lanes (14' wide each), with 8' safety/parking lane on west side) 2. Turn lane at Diffley Road (40' wide, but with no safety lane) 3. 8' bituminous trail on both sides 4. 8' boulevard between trail and curb 5. Storm sewer and catch basins The figures located at the back of this report show plan, profile, and cross section views. Wn Of Dodd Road Street and Utility Improvements 3 um~i RESEARCH ISSUES A. TRAFFIC COUNTS The average daily volume is summarized below: Average Daily Volume October 16 thru October 19, 2000 Dodd Rd. (north of Diffley) 4,318 Dodd Rd. (south of Wescott) 3,383 For purposes of estimating, the average daily volumes recorded October 16 thru October 19, 2000 imply a 2020 projected volume estimate of 6000 for design purposes. In addition, turning movements were done at the Diffley Road and Camberwell Drive intersections to determine the need for a center left turn lane. In general, the analysis shows a center left turn lane is justified at Diffley Road. B. SPEED LIMIT Speed limits on public streets within the State of Minnesota are regulated under the authority of the Commissioner of Transportation. The Commissioner of Transportation is the head of the Minnesota Department of Transportation and is appointed by the governor. The speed limits are determined by the 85th percentile speed of the road users surveyed. This speed is established by calculating the speed at which 85 percent of the vehicles surveyed would have traveled at or less than. The City of Eagan may request a speed study by the Minnesota Department of Transportation after the completion of any improvements or changes to the existing roadway. The speed study would reflect the appropriateness of the current speed limit of 45 mph on Dodd Road and may include recommendations for revisions associated with any street improvements. Dodd Road Street and Utility Improvements 4 i C. ACCIDENT ANALYSIS The accident history includes six (6) accidents on Dodd Road, between Diffley Road and Camberwell Drive, during the period from January 1, 1997, to August 25, 2000. Two (2) of these accidents involved personal injury. Both personal injury accidents occurred at the intersection of Diffley Road and Dodd Road. The distribution of the accidents along this segment of roadway is as follows: • Diffley & Dodd - 5 (2 injury, 3 property damage) • Camberwell & Dodd - 1 (property damage) Additional analysis of the Diffley Road intersection indicates that it is presently below the insurance industries recommended level (1.0) at which safety improvements should be considered. The rate of accidents for the time period reflected above follows: • Diffley & Dodd - 0.38 accidents for every one million vehicles traversing this intersection Weather and the associated road conditions can play a significant part in the cause of many accidents. Unfortunately accidents are a part of life, so any significant change to a public street should be justified by a significant need for improvement. The present rate of accidents on this segment of Dodd Road is not unusual and is comparable to other similar functional roadways. However, if an urban upgrade of this segment of road is approved by the City Council, it would be a wise investment to include traffic safety improvements, namely a left-turn lane, at Diffley Road. This improvement would limit any increases in the number of accidents due to the anticipated growth in the future volume of traffic on Dodd Road. D. DRAINAGE ANALYSIS The improvements to Dodd Road will increase the impervious surface. However, the increase in impervious area and its affect to the pond volumes is relatively small. Eagan's Comprehensive Storm Water Plans in the past have all assumed Dodd Road at some point would be reconstructed to an urban cross section versus maintaining its existing rural cross section. The critical element in designing the storm sewer to serve Dodd Road is providing proper collection points and a conveyance system to the appropriate ponding area. Dodd Road Street and Utility Improvements 5 u iow RECOMMENDATIONS The following is recommended: • Reconstruct Dodd Road to the City Standard as shown in Figure 3. • The projected traffic volumes and road width design justifies one lane in each direction with a center left turn lane required at Diffley Road. • Design vertical and horizontal curves to comply with Municipal State Aid (MSA) standards for a 45 mph design speed. FEASIBILITY, NECESSITY, AND COST EFFECTIVENESS This project is feasible from an engineering standpoint and is in accordance with Eagan's Comprehensive Plans for Utilities. The street improvements are consistent with Eagan's Comprehensive Plan for similar collector streets. The improvements to Dodd Road are necessary to accomplish the following: • To comply with Municipal State Aid (MSA) requirements • To provide a safe roadway to accommodate both vehicular and pedestrian traffic • To improve and contain storm water runoff in the right-of-way of Dodd Road. • To improve ride-ability Construction methods will be cost effective and conform to industry standards for street/utility improvements. 6-?q Dodd Road Street and Utility Improvements 6 t DISCUSSION 1. Street/Trail The proposed improvements in Dodd Road are shown on figures 5-6 located at the back of this report. The typical road section is shown on Figure 3. The proposed design section for either option is based on the following: Existing Average Daily Traffic (ADT) ADT = 3800 2020 Projected Average Daily Traffic ADT = 6000 Estimated R-Value for Soil R= 15 Granular Equivalence (GE) GE = 25.25 The roadway/trail design is summarized below: City Standard • Roadway Width - 36' wide (two 14' wide drive lanes, one 8' wide safety/parking lane) • Center Left Turn Lane (12' wide) at Diffley Road • Bituminous Trail (both sides) - 8' wide (8' wide boulevard) The existing elevation of Dodd Road is generally higher than the abutting land. Therefore, significant elevation changes are proposed in Dodd Road so the new roadbed and trail will be more compatible with the abutting land (see Figure 3 - Typical Section and Figures 7-11 - Cross Sections) The previous utility construction in Dodd Road had anticipated these elevation changes for the reconstruction of Dodd Road so that existing utility pipes were constructed at an adequate depth or alignment to avoid relocation. The proposed 8-foot boulevard between the curb and trail is a city standard. However, portions of Dodd Road south of the Diffley Road have been constructed with boulevards as narrow as 2-3 feet to accommodate existing mature trees. There may be areas between Diffley Road and Camberwell Drive that will also work better with boulevards narrower than 8 feet. Further review would take place during the design phase of the project. YD Dodd Road Street and Utility Improvements 7 2. Storm Sewer The proposed storm sewer extensions are shown on Figure 4. Catch basins will be constructed at intersections and storm sewers will convey drainage to the existing storm sewer, located approximately 400 feet north of Camberwell Drive, and eventually to Pond JP-22. The existing storm sewers were constructed and designed (based on a 5-10 year storm event) to accommodate development along an urban cross section for Dodd Road. The existing storm sewer in Dodd Road north of Ethan Drive (north) will be bulkheaded and re-directed through new storm sewer installed as part of this project. The existing storm sewer pipe north of Ethan Drive (north) will be removed in the future when that portion of Dodd Road is reconstructed. 3. Utility Adjustments Sanitary sewer and water main presently exist in and along Dodd Road. No improvements or extensions are proposed to the existing utilities. Some utility adjustments however, are proposed to accommodate grade changes in Dodd Road. 4. Utility Service For purposes of this report, additional services are not proposed to be constructed. However, in the event reconstruction is approved, the need and cost for additional utility services will be reviewed with the abutting property owners where lot splits are possible. COST ESTIMATE A detailed cost estimate is presented in Appendix A located at the back of this report, which is also summarized below. Cost estimates include 10% contingencies. Indirect costs, which include administrative, engineering, construction interest, and legal expenses are estimated at 30%. Storm Sewer $ 130,800 Utility Adjustment 17,200 Street 474,100 Bituminous Trail 33.700 Total $655,800 Dodd Road Street and Utility Improvements 8 i EASEMENTS AND PERMITS Temporary construction easements are required in a few isolated areas. No permanent easements will be required for this portion of Dodd Road. The present dedicated right-of-way for Dodd Road is between 80' and 100' wide for most its entire length. A permit is required from Dakota County for work at Diffley Road (County Road 30). A National Pollutant Discharge Elimination System (NPDES) permit is not required because construction activity does not disturb more than 5 acres. ASSESSMENT AREAS TO BE INCLUDED Assessment Area SW '/4, Section 24 Parcel 020-58 Lot 1, Block 11, Hills of Stonebridge ASSESSMENTS Un-platted properties abutting Dodd Road have never been assessed for benefit from the existing road. Therefore, street/storm sewer assessments are proposed to be levied against the benefited property, in accordance with Eagan policy at 100% of the residential street equivalent cost (32- foot width) for an upgrade to City standards. The residential street equivalent cost is presented in Appendix C. The preliminary assessment roll is presented in Appendix B located at the back of this report. Trunk area storm sewer, sanitary sewer and water have been assessed based on past improvement projects. All assessments calculated according to City Policy would be limited to an appraisal determination of added value benefit resulting from any improvement. The residential assessment rate is listed below. Residential Rate $86.63/FF ?C~s Dodd Road Street and Utility Improvements 9 umu REVENUE SOURCES Revenue to finance the cost of this project will include Eagan's Major Street Fund and special assessments. Revenue is summarized below: Assessment Project Cost Revenue Balance Storm Sewer/Street $604,900 $ 36,770 $568,130 Utility Adjustment 17,200 17,200 Bituminous Trail 33,700 33,700 $655,800 $ 36,770 $619,030 PROJECT SCHEDULE • September 4, 2001 City Council Authorizes Feasibility Report • September 17, 2001 Present Report to City Council • October 11, 2001 Informational Meeting • October 16, 2001 Public Hearing - Council Orders or Denies Project (Schedule Continues if Project is Approved) • March 2002 Approve Plans & Specifications • May 2002 Award Contract • June 2002 Construction Begins • Fall 2002 Construction Completed • Summer 2003 Final Assessment Public Hearing • May 15, 2004 1St Installment Payment Due With Real Estate Property Taxes ?2 Dodd Road Street and Utility Improvements 10 MV of cagan Appendix A Preliminary Cost Estimate APPENDIX A PRELIMINARY COST ESTIMATE DODD ROAD - DIFFLEY ROAD TO CAMBERWELL DRIVE CITY PROJECT NO. 850 BRA FILE NO. 49-99-103 CITY STANDARD 36' FF URBAN SECTION, 8' BIT. TRAIL BOTH SIDES Storm Sewer Quantity Unit Item Unit Price Total Price 790 LF 15" Storm sewer pipe $22.00 $17,380 630 LF 18" Storm sewer pipe $25.00 $15,750 440 LF 21" Storm sewer pipe $30.00 $13,200 60 LF 24" Storm sewer pipe $34.00 $2,040 6 EA Std. 2'x3' CB w/ cstg $1,200.00 $7,200 11 EA Std. 4' Dia. C B M H w/ cstg $1,600.00 $17,600 4 EA Std. 4' Dia. MH w/ cstg $1,600.00 $6,400 2 EA Std. 5' Dia. MH w/ cstg $2,500.00 $5,000 1 EA Connect to existing MH $1,000.00 $1,000 1 EA Connect to existing storm sewer pipe $500.00 $500 450 LF Remove Existing Storm Sewer $12.00 $5,400 Subtotal $91,470 +10% Contigencies $9,150 Construction Total Storm Sewer $100,620 +30% Indirect Costs $30,190 Total Storm Sewer $130,800 Existing Utility Adjustments Quantity Unit Item Unit Price Total Price 1 EA Adjust Hydrant $2,000.00 $2,000 8 EA Adjust Gate Valve Box $500.00 $4,000 3 EA Adjust MH $2,000.00 $6,000 Subtotal $12,000 +10% Contigencies $1,200 Construction Total Ex. Utility Adjustments $13,200 +30% Indirect Costs $3,960 Total Existing Utility Adjustments $17,200 Appendix A - Diffley to Camberwell - Cost est V~ t Street - Urban Section/MSA Standards Quantity Unit Item Unit Price Total Price 1 LS Mobilization $20,000.00 $20,000 1 LS Traffic Control $5,000.00 $5,000 1 LS Clear and Grub $5,000.00 $5,000 16 EA Transplant bush $100.00 $1,600 4,550 SY Remove Bituminous Surface $3.00 $13,650 315 LF Saw Cut Existing Bit. $4.00 $1,260 10,800 CY Common Excavation $7.00 $75,600 500 CY Subgrade Correction $5.00 $2,500 4,920 CY Select Granular Borrow $8.00 $39,360 4,870 TN Class 5 Aggregate $10.00 $48,700 1,360 TN Bituminous Base $32.00 $43,520 470 TN Bituminous Wear $34.00 $15,980 200 SY Bituminous Driveway $20.00 $4,000 550 GL Tack $2.00 $1,100 2,600 LF B618 Curb & Gutter $8.00 $20,800 800 LF Surmountable Curb & Gutter $7.50 $6,000 800 CY Topsoil Borrow $10.00 $8,000 7,300 SY Sod $2.00 $14,600 10 HR Motor Grader $110.00 $1,100 5 HR Street Sweeper $100.00 $500 20 MG Water for Dust Control $20.00 $400 3 EA Turn Movement Arrow $130.00 $390 900 LF 4" Pavement Striping $1.00 $900 700 LF Silt Fence $2.00 $1,400 2 EA Relocate Mailboxes $100.00 $200 Subtotal $331,560 +10% Contigencies $33,160 Construction Total Street $364,720 +30% Indirect Costs $109,420 Total Street $474,100 Bituminous Trail Quantity Unit Item Unit Price Total Price 980 TN Aggregate base, class 5, 100% crushed $13.00 $12,740 270 TN Bituminous wear, Type 41A, trail $40.00 $10,800 Subtotal $23,540 +10% Contigencies $2,350 Construction Total Bituminous Trail $25,890 +30% Indirect Costs $7,770 Total Bituminous Trail $33,700 Total Storm Sewer $130,800 Total Existing Utility Adjustments $17,200 Total Street $474,100 Total Bituminous Trail $33,700 TOTAL PROJECT COST (CITY STANDARD) $655,800 Appendix A - Diffley to Camberwell - Cost est 0/0 city of aagan Appendix B Preliminary Assessment Roll O APPENDIX B SUMMARY PRELIMINARY ASSESSMENT ROLL DODD ROAD - DIFFLEY ROAD TO CAMBERWELL DRIVE CITY PROJECT NO. 850 BRA FILE NO. 49-99-103 Assessable Parcel Identification Front Footage Rate/FF Total SW 114 Section 24 Parcel 020-58 148.50 86.63 $12,865 Hills of Stonebridge Lot 1 Block 11 276.00 86.63 $23,910 TOTAL $36,770 (1) Residential Rate equals Street/Residential ($114,700) + Storm Sewer ($130,800.32'/36' _ $116,267) divided by front footage (2,666 FF) Appendix B - Diffley to Camberwell - Assmt Roll city of eagen Appendix C Residential Street Equivalent Cost (32 Ft. Face to Face of Curb) APPENDIX C RESIDENTIAL STREET EQUIVALENT COST DODD ROAD - DIFFLEY ROAD TO CAMBERWELL DRIVE CITY PROJECT NO. 850 BRA FILE NO. 49-99-103 Residential Equivalence (32' FF, 6" Cl. 5,2" Bit. Base, 1" Bit. Wear) Quantity Unit Item Unit Price Total Price 1 LS Mobilization $1,000.00 $1,000 1,460 CY Common Excavation $7.00 $10,220 1,685 TN Class 5 Aggregate $10.00 $16,850 460 TN Bituminous Base $32.00 $14,720 345 TN Bituminous Wear $34.00 $11,730 210 GL Tack $2.00 $420 2,600 LF B618 Curb & Gutter $8.00 $20,800 160 CY Topsoil Borrow $10.00 $1,600 1,445 SY Sod $2.00 $2,890 Subtotal $80,230 +10% Contigencies $8,020 Construction Total Residential Equivalence $88,250 +30% Indirect Costs $26,480 Total Residential Equivalence $114,700 Appendix C - Diffley to Camberwell - Cost est 010 1611 city of pagan Figures 11 W SCO RD 1 I J ' 01 a ~ + O a ! 3 ~ e+l~ U eunm , • . 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CRY ►RD= Na no •w••~ ••s wa rn. .n ,s ~ I I / r LIP eLo-rx1 N L 0•/q y Repy ! r A% % r B r I r , 0203`$•,+. ~ ~ ; ~ ; g r~ e " ~ t fao~ I ' 1 ~ t ~ 1 I r I I ~ 1 r , r ~ f i I r ' d CZ ROAD I N Am cor ~w~, II I ' l E FAONT l '00TAoe Figure 12 FOR CITY USE ONLY " ~Q ~JS 0 Petition # 8 "A" Date Received y i 7-e / Presented to Council 9-/ 7-aV PETITION LOCATION/SUBDIVISION IZRAV -,ten pWtF1~fG~~~✓~ ran 7- I/We, the undersigned, owners of the real property adjacent to .~2p4)1 ,)9,0,ajp (Street) or within - ~~~ng'czF PZ4e 4-f4.&,4 40 f['dn rSubdivision, hereby petition for: Street Improvements 2_ f' ~E?~.Ff.✓ Cr~mso;wr Nrc Sanitary Sewer Water Supply (Check requested items and please enclose sketch of Storm Sewer requested improvements) I Streetlights Other (Explain) UI72,0al I/We understand that this petition does not in itself request the installation of these improvements, but rather, request the preparation of a feasibility report in which the estimated costs of these improvements will be tabulated. I/We understand that upon receipt of this petition and the preparation of the requested feasibility report, a public hearing will be held at which time we may voice our support or opposition based on the costs as prepared in said feasibility report. Signature of Land Owner Address of Property 2. ~ L rz V? ` 4. z 8 0~ Cv S s 1 a-? 5• 6. ~YiL .t"d Zc, ~z3 9. Q O J.5 i o. 72 ova-7 - .S~ 1?'qe/( S1171c Lts#1feasres.fm 11111 _ ~~6i✓/~ TJflrc' vF 1~0,✓~ DNi✓ Ao,WZF.f o~ ~'lIVPFZTt'cw.-36i -7o q 8a-ad Ad PI . Ea.9 a 55 iZ3 0 U X24 990rcAA cL2 6,11-j cll~ $ W~~ C4 ouc~a Hand ci 105- Signed Petition f George Westlund & Mary Burssle (Spelling) 636 Welland Court Diego Garcia 640 Welland Court 651-454-0665 3 Allan & Susan Holmsten 644 Welland Court 651-454-5109 y Steve & Barbara Krech 648 Welland Court 651-454-5415 Mark Gebhart & Deb Linstad 701 Bradford Place 651-405-9308 6-- Wei Liu 705 Bradford Place Brian & Darlene Amdahl 709 Bradford Place 651-452-2058 John & Anne Csargo 713 Bradford Circle 651-688-2486 Reid & Kim Durant 717 Bradford Circle 651454-9053 Loren & Sally Burmeister 721 Bradford Circle 651454-6986 t Doug McColman 724 Bradford Place 651-688-3257 Z Mike & Nancy Morrison 725 Bradford Circle 651454-2842 i -7 Bob & Michelle Kiner 729 Bradford Circle 651-688-0749 /O MINUTES PROJECT 850 DODD ROAD (DIFFLEY TO ETHAN/CAMBERWELL) OCTOBER 11, 2001, 6:30 P.M. COUNCIL CHAMBERS Attendance: Tom Colbert, Director of Public Works; Russ Matthys, City Engineer; Mark Hanson, Bonestroo, Rosene, Anderlik & Associates, Inc.; 23 persons representing 20 properties. A. Welcome and Introduction • Tom Colbert welcomed the property representatives and introduced City Engineer Matthys and Consultant Hanson. B. Questions/Comments 1. Did Council vote for this project? Who voted for project? Project hasn't been approved yet; consideration of approval will occur after close of public hearing. The City Council has only authorized the feasibility report and scheduled the public hearing to date. 2. What happened to the meandering trail project? Still approved but delayed along with other public improvement projects due to July 2000 storm. Won't proposed improvements conflict with meandering trail? The scope of the meandering trail project would be reduced if Project 850 is approved but it could tie into its proposed construction limits. Mark presented the feasibility report details. 3. Who would dictate where boulevard width is reduced? Staff interaction with residents in areas of conflict between trail and trees, grading, etc. Do you have to interact with residents? How does that occur? Staff would present possible impacts to property owners and discuss options. Look at boulevard on Dodd south of Diflley - good example of how boulevard meandered near trees. 4. Why left-turn center lane at Diffley? No left-turn lane on south side. Needed to accommodate turning movements. Improves operation level of intersection. Some restriping of south leg would have to be looked at. 5. Do you intend to save or cut down trees? Will try to save significant trees, if possible, with retaining walls or alignment changes. 6. Why not do Dodd from Diffley to Wescott? Council directed the limits of this project to end at Ethan/Camberwell Drive. 1 7. What's your opinion of doing this vs. entire road to Wescott? The Staff is ready to do whatever scope the Council so defines. 8. What are cost savings of doing larger project? Costs are relative to individual improvement items. There may be unit cost savings with higher quantity of some items due to the economy of scale and not having to taper into existing section. 9. Assuming a piece meal approach to improving Dodd Road up to Wescott Road, will feasibility reports be required for each section? Yes, for each individual project. 10.Have any other projects been piece mealed like this? Wescott Road was constructed in numerous segments due to timing of adjacent development. I I.Why is Bonestroo presenting project this evening when motion was passed to remove Bonestroo from design of project? Previous motion referred to meandering trail not road 12.Doesn't this project totally disregard past Council action? Previous Council action was to proceed with meandering trail. Subsequent Council action has occurred authorizing Bonestroo's preparation of this feasibility report. 13. Would like information to compare cost difference between doing entire road vs. reduced scope? We can compare centerline costs for Project 779 vs. centerline costs for Project 850, but it won't be an accurate comparison due to Project 850 having more storm sewer per running foot than would the entire length. 14.1 compared costs. Project 850 is cost of Project 779, yet length is 1/5 of total Project 779 length. 15.Existing road doesn't meet design speed for 45 mph. Previous feasibility report states that. Mayor said reducing speed limits would be looked into. MnDOT establishes speed limits of roadways. MnDOT analysis of the speed of traveling vehicles determines speed limit, not existing road geometrics. New design would need to meet design speed requirements for MnDOT approval. Council has not passed a resolution requesting a MnDOT speed study yet. 16. What about storm sewer put in by Manley on east side of road? Why isn't it being used for storm sewer for proposed street improvement? It was only installed a couple of years ago. Installed for ditch erosion control purposes. Not deep or big enough to accommodate storm sewer needs of Project 850. 17. What about 12" pipe from Stonebridge? Existing storm sewer built with the Stonebridge development that Project 850 would tie into is 24". Not sure what pipe is being referred to. 2 /O 18.Project 779 assessment were $71/FF; now $8636/FF. This is due to economics of scale. 19. How flexible would plan be based on comments from residents, Council, etc.? Design is based on City standards. Council can direct staff to amend as long as the design meets safety standards. 20.1 ask that this project be removed as presented. Only the Council can do that. 21.Dodd Road right-of-way really seems to vary. Will right-of-way change with project? No. City has right to construct, maintain within the right-of-way. If construction has to go beyond the right-of-way and/or drainage easements, design will be modified or additional easements acquired. 22.Does contractor have to stay within right-of-way? What if he goes out? Construction activity is staked so that contractor can stay within right-of-way. 23.Does centerline of road match the right-of-way centerline? No. Existing road centerline meanders within right-of-way. 24. Do I loose my fence with project? No. 25.Did City relinquish right-of-way with Stonebridge plat? No. 26.Has City taken tree count of trees that will be impacted? No that is an aspect of the street design. 271 don't see 8' boulevard along Dodd Road south of Diffley. Boulevard does meander to avoid significant trees 28.Can I ask why project is being reconsidered? Yes, you can ask the Council. 29.How can you not tell what impacts will be to trees? All the survey work, the feasibility reports - you should know? Tree impacts are part of final design as mentioned previously. 30.Where is existing centerline in reference to proposed centerline? Not too far off in most locations - usually doesn't vary more than 5' - 6', but is up to 10% 12' in some locations. 31.Then you've shifted road over closer to my property. We've tried to center the new improvement within existing right-of-way to minimize additional property acquisition. 3 9 32.Variance to setback as part of Oak Bluff development was established because of future trail and right-turn lane. Realtor was telling everyone building Manley homes about sidewalk 33.When I built house in 19%, (Paul), I had to flip-flop garage to other side due to setback issues. When Manley came in, he was allowed to reduce setbacks. All these exceptions were made to Manley. What changed? You'll have to ask the Council. 34.Why isn't Council member present tonight? You'll have to ask the Council. 35.What impact will all new storm sewers have? Same drainage area as existing will be directed toward Pond JP-22. 36.Amount of water in JP-22 will double, triple. 37.Water drainage on west side of Dodd, north of Granite Drive, currently runs west. With the project, will drainage run to JP-22? If so, it will mean a lot of water for Pond JP-22. Public right-of-way, including area of existing ditches, will drain towards new street and into storm sewer. 38.From Jacob Court to Diffley, houses on east side of Dodd Road are very close. Is project to move road 12' to west? Yes, in that area. Road will be centered on right-of-way, currently is not. The road is also proposed to be widened to 36', as compared to current 26' wide road. 39.Why are we looking at full urban upgrade? Wouldn't trails on both sides make all happy? You'll have to ask the Council. Why haven't we started with a less invasive project? You'll have to ask the Council. 40.What are rules of engagement for public hearing? Haven't seen Council limit discussion previously. 41.How is this project different from previous? Many more options in previous project. GAM/NGSUMNUTES/Proj.850 Dodd Road 10-11-01 4 fJ NEIGHBORHOOD MEETING DODD ROAD (DIFFLEY TO ETHAN/CAMBERWELL) PROJECT 850 THURSDAY, OCTOBER 11, 2001 - 6:30 P.M. NAME ADDRESS PL . 1. LiS 4L /VNU 0 2d S EA.) ? 3 3 '3,Z4A P!52~q 2. rz 4 s QU ~AAJ-Vtr C~- 3. 4. rnQ,t`(~ iY1 ~`7 t'b~ 8tr E., 5.P~P~~ted 3~sC~3 6. r, w b~ awtb~~'wc ~ I 7. ~v 7C~'ctL~ 8. L-C-144-&At- n'o'5j~~ -713 J~r &qr,-4 Crr. J 111 &f~J A 144 ax 9. 10. 11. c~e lie Thu f~ 12. Jack C~h~a~ Z s~~set 13. 41 ~P-['.l-m b erwell r. 14. r f( 7 U w~~2 15. l acr~S ~I-} t ~5 Lfi 5 c~ 1` o~ c uA- 19. ~Kt'4 (03r'z lA.~~I G: FORMS/SIGN-IN.Sheet RECEIVED OCT 11 2001 TO: EAGAN CITY COUNCIL MEMBERS EAGAN RE: MN DOT'S VISUAL IMPACT ASSESSMENT TOOL FROM: DODD ROAD AREA RESIDENTS ENGINEERING DEPARTMENT DATE: OCTOBER 10. 2001 Dear City Council Members: Dodd Road area residents, who are concerned about the adverse impacts of proposed Project 850, requested the assistance of Mr. David Larson, Senior Landscape Architect for MNDOT's Office of Environmental Services, in an effort to determine what design tools were available to minimize the negative effects of the proposed project on Dodd Road and the surrounding natural environment. Mr. Larson was kind enough to address our concerns by sending the enclosed letter and outline, along with a video tape that explains how this MN/DOT developed, VISUAL IMPACT ASSESSMENT tool can be utilized in the designing of transportation corridors. The program serves as a guide to help incorporate the concerns of impacted residents in the design process and hopefully avoid unnecessary adverse outcomes. Since we have been unsuccessful in our many attempts to convey this message to the City of Eagan on our own, we are hoping the Council will consider hiring a consulting firm that is willing and capable of utilizing and implementing such a program. The preservation of this unique and irreplaceable environment deserves this consideration. Sincerely, -mot G~ d Svc ZT- ci Alane Roundtree 640 Brockton Curve Eagan, MN 55123 Tel: 651-687-9919 Email: elmoreroundtree@aol.com Cc: Tom Hedges, City Administrator Tom Colbert, Public Works Director Enclosures: 1 iuu David Larson Senior Landscape Architect TU`Y1 IL11Tw;Q~R]. ` Office of Environmental Services - - - - - roF Mail Stop 620 395 John Ireland Boulevard To: "ElmoreRoundtree@ aol.com"@ GWCOINET.gwia St.Paul, MN 55155 From: David Larson Subject: Re: Visual Quality/Aesthetics Analysis Phone: 651/284-3774 J Fax: 651/284-3754 CC: E-Mail: david.larson@dot.state,mn.us Dear Alane Roundtree, - - - Mn/DOT's Visual Impact Assessment is a tool that is used in the process of designing transportation corridors that helps inventory the existing visual resources and then analyze the scale of impact that different design alternatives may have on those resources. It also helps guide the design process so as to maintain or enhance the communities existing visual qualities. This process was developed by Mn/DOT and therefore is public property. I will forward a video tape and outline to your address in Eagan ASAP. Please feel free to share this information with others and encourage your consultant to include some type of visual preference study or evaluation of the aesthetics and visual quality issues within your community. Thanks for taking an interest in the visual quality of your community and good luck with your involvement in the planning and design process! Sincerely, David Larson, Sr. Landscape Architect Minnesota Department of Transportation Office of Environmental Services MS 620, 395 John Ireland Boulevard St. Paul, Minnesota 55155 phone: 651-284-3774 fax: 651-284-3754 email: david.larson@dot.state.mn.us SUBJECT: Visual Quality CONTACT: Environmental Studies Unit, Office of Environmental Services, Mn/DOT LEGAL BASIS: FEDERAL-AID HIGHWAY ACT OF 1968 "Department of Transportation Act, Section 4(f), is amended to read as follows: "It is hereby declared to be the national policy that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands, wildlife and waterfowl refuges, and historic sites NATIONAL ENVIRONMENTAL POLICY ACT (1969) It is the "continuous responsibility" of the federal government to "use all practicable means" to "assure for all Americans safe, healthful, productive, and aesthetically and culturally pleasing surroundings." NATIONAL TRANSPORTATION POLICY It is the Department of Transportation policy to "enhance lives by contributing to a healthier and more attractive environment." FHWA ENVIRONMENTAL POLICY (1994) It is FHWA policy to: - "Avoid, minimize, and mitigate to the fullest extent possible the adverse effects of transportation programs and projects on the neighborhood, community, and natural resources." "Seek opportunities to go beyond traditional project mitigation efforts and implement innovative enhancement measures to help the project fit harmoniously within the community and natural environs." Mn/DOT VIA PROCESS PREPARED STATEMENT OF NO EFFECT "No significant visual impacts to the natural, cultural, or highway environments are anticipated. No significant impacts to the affected population are anticipated. Visual quality will, therefore, not be altered by the proposed project. The proposed project will have no significant adverse visual impacts nor will it create any opportunities to enhance visual quality in the project area." l ~L/ GLOSSARY: Visual Resources: Components of the natural, cultural, or project environments which are capable of being seen. Natural Visual Resources: The land, water, vegetation, and animals which compose the natural environment. Although natural resources may have been altered or imported by people, resources which are primarily geological or biological in origin are considered natural. A grassy pasture with rolling terrain, scattered trees, and grazing cows, for example, is considered to be composed of natural visual resources, even though it is a landscape created by people. Cultural Visual Resources: The buildings, structures, and artifacts which compose the cultural environment. These are resources which were constructed by people. Project Visual Resources: For highway transportation projects, the geometries, structures, and fixtures which compose the project environment. These are the constructed resources which were or will be placed in the environment as part of the proposed project. Viewers: Neighbors who can see the proposed project and travelers who would use it. Neighbors: Viewers who occupy or will occupy land adjacent to the proposed project. For a complex or controversial project, neighbors can be defined by adjacent land-use, including: residential, retail, commercial, industrial, agricultural, recreational, and civic neighbors. Travelers Viewers who use the existing or would use the proposed transportation facility. For complex or controversial projects, travelers can be defined by the purpose of traveling, including: commuting, hauling, touring, or exercising travelers. Visual Quality What viewers like and dislike about visual resources which compose a particular scene. Different viewers may evaluate visual resources differently. Neighbors and travelers may, in particular, have different opinions on what they like and dislike about a scene. Viewers define visual quality in terms of natural harmony, cultural order, and project coherence. Natural Harmony: What a viewer likes and dislikes about the natural environment. The viewer labels the visual resources of the natural environment as being either harmonious or disharmonious. Harmony is considered desirable; disharmony is undesirable. Cultural Order: What a viewer likes and dislikes about the cultural environment. The viewer labels the visual resources of the cultural environment as being either orderly or disorderly. Orderly is considered desirable; disorderly is undesirable. Project Coherence: What the viewer likes and dislikes about the project environment. The viewer labels the visual resources of the project environment as being either coherent or incoherent. Coherent is considered desirable; incoherent is undesirable. Impact: Change. Scale of Impact: Defined as the physical change to visual resources. The scale of the impact to visual resources can be minor or major. The scale of impact has no correlation with the value of the impact. Extent of Impact: Defined by the number of viewers affected by the change. The extent of the impact to viewers is either localized or widespread. The extent of the impact has no correlation with the value of the impact. Value of Impact: Defined by viewers as either a beneficial, adverse, or neutral change to visual quality. Different viewers may value an impact differently. Neighbors and travelers may, in particular, have different opinions on what they like and dislike about changes to a scene. For example, recreational neighbors may find a new bridge over a secluded island campsite an adverse impact while touring travelers may find the same new bridge a beneficial impact because it offers them spectacular views of the river valley. THRESHOLD CRITERIA: Use the six-step Visual Impact Assessment (VIA) process when impacts to visual resources are likely to be major or impacts to viewers are likely to be widespread or impacts to visual quality are likely to be adverse. HOW TO ACCESS: Use the Six Step Visual Impact Assessment Process //41 aiiu VISUAL IMPACT ASSESSMENT FLOW CHART SYNTHESIS p VISUAL RESOURCES VISUAL 0UAL1TY VIEWERS Z Natural NGIV al HMO Neighbors u.i • Cultural ' CtilturaLf}€~ • Travelers Z • Project Projecct CON.rerice cry j SCALE OF IMPACT VALUE OF IMPACT EXTENT OF IMPACT • Major Adverse • J Widespread Q • Minor • $eneic'[ • localized Z Q MITIGATION MITIGATION • Avoid 5 GOAL • G~ • Minimize MAINTAIN OR • Avoid • Compensate ENHANCE Minimize ENHANCEMENT t ENHANCEMENT EXISTING VISUAL, p • Remove _ Limit Views QUALITY Improve Views • Rehabilitate 4 Prove Add 117 INVENTORY Step 1: Identify affected visual resources. What visual resources of the natural, cultural, or highway environments would be affected by the proposed project? VISUAL RESOURCES OF THE NATURAL ENVIRONMENT Land Water Plants Animals VISUAL RESOURCES OF THE CULTURAL ENVIRONMENT Buildings Structures Artifacts VISUAL RESOURCES OF THE PROJECT ENVIRONMENT Geometrics Structures Fixtures Step 2: Identify affected people. Whose views would be affected by the proposed project? NEIGHBORS Residential Retail Commercial Industrial Agricultural Recreational Civic TRAVELERS Commuting Hauling Touring Exercising SYNTHESIS Step 3: Define existing visual quality. What do people like and dislike about the existing scene? /l (Al A SENSE OF NATURAL HARMONY Harmonious Disharmonious A SENSE OF CULTURAL ORDER Orderly Disorderly A SENSE OF PROJECT COHERENCE Coherent Incoherent ANALYSIS Step 4: Analyze impacts to visual quality. What will people like and dislike about the changes the proposed project would cause to the existing scene? SCALE OF IMPACT TO VISUAL RESOURCES Major Minor EXTENT OF IMPACT TO VIEWERS Widespread Localized VALUE OF IMPACT TO VISUAL QUALITY Adverse Beneficial Step 5: Summarize visual impacts by alternative. What, visually, are the relative advantages and disadvantages between alternatives? DESIGN Step 6: Mitigate adverse visual impacts and enhance existing visual quality. How can the visual quality of the existing scene be maintained or enhanced? MITIGATE ADVERSE IMPACTS TO VISUAL.QUALITY Visual Resources avoid adverse impacts to harmonious, orderly, or coherent resources minimize adverse impacts to harmonious, orderly, or coherent resources compensate for adverse impacts to harmonious, orderly, or coherent resources Viewers avoid the diminishing or obstructing of harmonious, orderly, or coherent views minimize the diminishing or obstructing of harmonious, orderly or coherent views compensate for the diminishing or obstructing of harmonious, orderly, or coherent views ENHANCE EXISTING VISUAL QUALITY Visual Resources remove unharmonious, disorderly, or incoherent resources rehabilitate formerly harmonious, orderly, or coherent resources add harmonious, orderly, or coherent resources Viewers limit access to unharmonious, disorderly, or incoherent views improve access to harmonious, orderly, coherent views PREPARED STATEMENTS: If a project will have no adverse or beneficial effect on visual quality, the following statement should be used: "No significant impact to the visual resources of the natural, cultural, and project environments is anticipated. No significant impact to the ability of the affected population to view visual resources is anticipated. Visual quality will, therefore, not be altered by the proposed project. The proposed project will have no significant adverse impacts to visual quality nor will it create any opportunities to enhance visual quality in the project area." For projects which have an effect on visual quality, assemble from the following phrases, a statement applicable for your project. For projects with impacts to visual resources use: "The proposed project will create (adverse or beneficial) impacts to visual quality by causing (minor or major) changes to the visual resources of the (natural, cultural, or project) environments. (List particular resources which will be affected. List adverse impacts first; enhancements, second.)" For projects with major adverse impacts to visual resources add: "The proposed project will mitigate (avoid, minimize, or compensate for) adverse impacts to (natural, cultural, or project) visual resources. It will (list specific mitigation practices.)" f t:pw For projects with minor adverse impacts to visual resources add: "The adverse impacts to (natural, cultural, or project) visual resources are minor. No mitigation of adverse impacts is necessary." Note that projects may, for example, have minor impacts to cultural visual resources and major impacts to natural visual resources. In that case, both of the above paragraphs could be used. For projects with opportunities for enhancing visual resources add: "The proposed project will enhance visual quality by removing undesirable (unharmonious, disorderly, or incoherent) visual resources; by rehabilitating formerly desirable (harmonious, orderly, or coherent) visual resources; (and or) by adding desirable (harmonious, orderly, or coherent) visual resources. It will (list specific enhancements.)" For projects with impacts to viewing use: "The proposed project will create (adverse or beneficial) impacts to visual quality by causing (localized or widespread) changes in the ability of (neighbors or travelers) to see the visual resources of the (natural, cultural, or project) environments. (List particular views which will be affected. List adverse impacts first; enhancements, second.)" For projects with widespread impacts to viewing add: "The proposed project will mitigate adverse impacts to ability of (neighbors or travelers) to see desirable (harmonious, orderly, or coherent) scenes. The project will avoid (diminishing or obstructing) desirable (harmonious, orderly, or coherent) views. Impacts that cannot be avoided, will be minimized. The project will compensate for impacts which cannot be minimized. It will (list specific mitigation practices.)" For projects with localized impacts to viewing add: "The adverse impacts to viewing by (neighbors or travelers) are minor. No mitigation of adverse impacts is necessary." Note that projects may, for example, have minor impacts to travelers and major impacts to neighbors. In that case, both of the above paragraphs could be used. For projects which enhance viewing add: "The proposed project will enhance visual quality by limiting access to undesirable (unharmonious, disorderly, or incoherent) views or by improving access to desirable (harmonious, orderly, or coherent) views. It will (list specific enhancements.)" l Agenda Information Memo October 16, 2001 D. EFFRESS ADDITION - EASEMENT VACATION ACTION TO BE CONSIDERED: Close the public hearing and continue any action of the vacation of public drainage and utility easements within Effress Addition, until consideration of the Final Plat and Subdivision for Effress 2"d Addition. FACTS: • On September 11, 2001, City staff received a petition from Richard Krumm, representative of Lawrence Wenzel, property owner of Effress Addition, requesting the vacation of drainage and utility easements within Effress Addition, east of Pilot Knob Road and north of Marice Drive and Sherman Court. • The purpose of the request is to remove underlying Effress Addition easements in conjunction with the vacation of a portion of Marice Drive (from High Site Drive to Sherman Court) and the re-platting of the property as Effress 2"d Addition. • The public hearing for the vacation of Marice Drive from High Site Drive to Sherman Court was held on May 2, 2000. There were no objections of the vacation at that time. Subsequently, the Council postponed formal action for consideration concurrent with the final plat of the Effress 2nd Addition. • This request would vacate the existing easements, avoiding future conflicts with underlying easements. • City Engineering staff has reviewed the request found it to be in order for favorable Council action. ISSUES: • To date, the final plat and subdivision approval for the Effress 2nd Addition has not been scheduled for Council consideration. It would be appropriate for the approval of the easement vacation to occur concurrently with the final plat and subdivision approval at a future date. ATTACHMENTS: • Location Map, page I P l . • Legal Description/Exhibit, page A~ • Vacation Request Letter, page )25 iru MEND 0TA HEIGHTS zn~ M INTERSTATE 494 L w 04 Olt. 9-12-01 p0 Y J14>14 62 A O ` LONE OAK ROAD ❑ 3 LONE ROAD 71' F71 F- PROPOSED VACATION LLi U Z O a ~5 Z X m 97E OR. Y O qAY J YANKEE DOODLE ROAD F[77~ ' L DR. D ZZ=~ g IV s O~ - C.D2 ❑ acs WESCOTT ROAD r 19 PROPOSED UTILITY EASEMENT VACATION FFRESS ADDITION 9-13-2001 City of Eagan a3 LOCATION MAP i LEGAL DESCRIPTION OF UTILITY EASEMENTS AND ALSO DRAINAGE EASEMENTS WHICH WERE CREATED IN THE PLAT OF EFFRESS ADDITION, DAKOTA COUNTY, MINNESOTA PROPOSED TO BE VACATED DRAINAGE AND UTILITY EASEMENTS, ALONG WITH NEW ONES, WILL BE REDEDICATED IN THE PLAT OF GLEN POND SECOND ADDITION WHICH IS IN THE PROCESS OF BEING CREATED. LEGAL DESCRIPTION OF UTILITY EASEMENTS TO BE VACATED ii Those utility easements which were dedicated and/or created on EFFRESS ADDITION, If according to the recorded plat thereof, Dakota County, Minnesota lying within Lots 1 and 2, i~ Block 2, AND ALSO, those utility easements lying within Lots 1, 2, and 3, Block 3, all within said plat of EFFRESS ADDITION, according to the recorded plat thereof, Dakota County, f; Minnesota. E I• LEGAL DESCRIPTION OF DRAINAGE EASEMENTS TO BE VACATED: Those drainage easements which were dedicated and/or created on EFFRESS ADDITION, >I 4 according to the recorded plat thereof, Dakota County, Minnesota lying within Lot 2, Block 2, of 17 s aid plat of EFFRESS ADDITION, according to the recorded plat thereof, Dakota County,I Minnesota ~ r ti o t it - r. m fie M m z . 0 a ~xai ( e ) s I Ay C" o , l; ~ I I s~ I I ; D o° (A 2. Cn ~z Cn .t j ~ Irl ~ w / Va irn RVK ARCHITECTS 651-738-0021 Fax731-5128 783 RADIO DRIVE - SUITE 115 WOODBURY, MINNESOTA 55125 September 11, 2001 City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 RE: Petition to Vacate Effress Second Addition Dear City of Eagan: This Request for Vacation of Drainage and Utility Easements is being made due to the fact that the Land/Plat is being reconfigured, consistant with the Vacation of the Marice Drive Right-of-Way and the Creation of Northwood Parkway Right-of Way. Upon this Vacation, New Utility and Drainage Easements will be Dedicated consistent with the requirements of the new Land/Plat configuration. Re ectfidly re uested, Richard V. Krumm, Architect ARM LECTURE PLANNING INTERIOR DESIGN t Agenda Information Memo October 16, 2001 Eagan City Council Meeting VI. OLD BUSINESS A. VARIANCE Raj Khanchandani (4277 Sunrise Road) ACTION TO BE CONSIDERED: • To recommend approval of Variance to allow for a 10-foot setback from a public right-of-way and a Variance to exceed the 20 percent maximum lot coverage requirement by .7 percent in a residential district. FACTS: • On October 2, 2001, a public hearing was held in front of the Eagan City Council for both a 3-foot easement vacation and Variance to allow a 7-foot setback from a public right-of-way (Timber Wolf Trail) for the purpose of constructing a 14' x 24' addition onto the side of the existing home located on the subject lot. • The Council denied the request for easement vacation and continued the Variance action until October 16, 2001 in order for the applicant to provide a revised plan showing the proposed addition outside the 10-foot easement area along Timber Wolf Trail. • On Monday October 8, 2001, the applicant stated that he would meet with his builder to revise a plan for the proposed addition but that a final draft may not be available until later that week. The applicant was told at that time, a revised plan must show the proposed addition no wider that 11 feet toward Timber Wolf Trail. • Assuming the plan reflects an 11' by 24' addition, a.7% Variance to the 20% lot coverage maximum will also be necessary. ATTACHMENTS (2): 1 Draft October 2, 2001 CC Minutes, page 1 Original Staff report, pages c through Mike Ridley From: Mary Swenson Sent: Friday, October 12, 2001 10:00 AM To: Mike Ridley Subject: 10-2 draft minutes PUBLIC HEARINGS SUN CLIFF 1sT ADDITION (LOT 13, BLOCK 1) EASEMENT VACATION VARIANCE - RAJ KHANCHANDANI City Administrator Hedges introduced this items regarding a public drainage and utility easement on Lot 13, Block 1, Sun Cliff I" Addition. He stated the request for easement vacation is in conjunction with a variance request to allow a 7 foot building setback from a public right of way and a variance of 1.4% from the maximum 20 percent lot coverage allowed in a residential zoning district. Public Works Director Colbert gave a staff report regarding the easement vacation. He stated that Dakota Electric objects to the easement vacation due to the presence of utility lines within the easement and recommended that the easement vacation be denied. Senior Planner Ridley gave a staff report regarding the variance request. Mr. Khanchandani was present and discussed his plans for an addition to his home and the need for the variance. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing for the easement vacation and the variance and turned discussion back to the Council. Mayor Awada stated she is concerned over a building being constructed within two feet of a utility line. She also stated that she is concerned that the structure will be too close to the adjacent road. Councilmember Carlson stated she felt the Council should respect the request of Dakota Electric to not vacate the easement. Councilmember Carlson moved, Councibnember Fields seconded a motion to deny the vacation request of a portion of a public drainage and utility easement on Lot 13, Block 1, Sun Cliff 1" Addition. Aye: 5 Nay: 0 The applicant requested a time extension for consideration of the variance request to consider amending his application. Mayor Awada moved, Councilmember Tilley seconded a motion to continue consideration of a Variance to allow for a 7 foot setback from a public right-of-way and a Variance to exceed the 20 percent maximum lot coverage requirement by 1.4 percent in a residential district to October 16, 2001. Aye: 5 Nay: 0 1c2 1 PLANNING REPORT CITY OF EAGAN REPORT DATE: September 11, 2001 CASE: 29-VA-23-08-01 APPLICANT: Raj Khanchandani HEARING DATE: October 2, 2001 PROPERTY OWNER: Raj Khanchandani APPLICATION DATE: August 2, 2001 REQUEST: Additional 14' setback Variance to PREPARED BY: Erik Slettedahl public right-of-way and to exceed 20% lot coverage by 1.4% LOCATION: 4277 Sunrise Road Lot 13, Block 1 Sun Cliff I" Addition COMPREHENSIVE PLAN: LD Low Density ZONING: PD Planned Development SUMMARY OF REQUEST The applicant is requesting a Variance to allow a 7-foot building setback (30' standard) from a public right-of-way (Timber Wolf Trail) and a Variance of 1.4% from the maximum 20 percent lot coverage allowed in a residential zoning district for Lot 13, Block 1 Sun Cliff I" Addition (PID # 10-72975-130-01) in the NW'/4 of Section 29. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards only if: 1. The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. CODE REQUIREMENTS Planning Report-Khanchandani Variance September 12, 2001 Page 2 The approved Sun Cliff preliminary plat agreement requires that an application for Variance be submitted for setback purposes for lots and internal streets that do not meet the requirements established in the Eagan Hills West Planned Development. The Eagan Hills West Planned Development requires a 30-foot setback from any abutting right-of-way for all developments within its area. All other standard code provisions shall apply unless granted a Variance by the City Council. City Code Chapter 11, Section 11.20, Subdivision 6, F. requires that all buildings shall not cover more that 20 percent of the site area. Uncovered decks are not calculated in total building coverage. BACKGROUND/HISTORY Sun Cliff 15` Addition received approval January 19, 1983 and is part of the Eagan Hills West Planned Development established in 1979. Sun Cliff V Addition was platted as part of this Planned Development to allow for single family detached dwelling units on lot sizes smaller than allowed by City Code Standards. On June 5, 1984 the City Council approved Variances for several corner lots in Sun Cliff 151 Addition to allow for twenty foot setbacks from public rights-of-way. A building permit was approved for the subject property in 1985 for a single family detached dwelling unit. It is assumed that the subject lot was included in the Variance approval as there is no documentation on file indicating what lots were involved, except for a certificate of survey with the building permit application. This certificate notes an approved 21-foot setback along Timber Wolf Trail. According to the applicant, the existing deck located on the southeast side of the subject home was constructed at the same time as the principle structure. EXISTING CONDITIONS The subject lot is approximately 9,370 square feet in area and contains an existing home covering 1,671 square feet including attached garage, creating a 17.8 percent building lot coverage. The existing living space is setback 21 feet on the southeast side of the dwelling unit from the Timber Wolf Trail right-of-way. Timber Wolf Trail is a 50 foot right-of-way. A 14-foot deck exists on the southeast side of the dwelling unit. The footings of the deck appear to be setback approximately 10 feet from the Timber Wolf Trail right-of-way. The subject lot has a grade change on the southeast side of approximately 6-7 feet. A retaining wall with established landscaping exists along the south portion of the lot. Several established trees existing between the subject property and the neighboring property to the northwest. Two relatively small cottonwood trees are located adjacent to the existing deck. 1o2 9 Planning Report-Khanchandani Variance September 12, 2001 Page 3 The property immediately northwest of the subject lot along Timber Wolf Trail is of similar size but the existing dwelling unit is set sideways on the lot and back 30 feet from the Timber Wolf Trail right-of-way. EVALUATION OF REQUEST The applicant is proposing to remove the existing deck on the southwest side of the house and replace it with a 14' x 24' living space addition. The addition would project 14 feet into the previously approved 21-foot setback allowance leaving a 7-foot setback from the Timber Wolf Trail right-of-way. Also, the proposed addition would add 336 square feet to the existing building coverage, creating a lot coverage of 21.4 percent. The applicant has submitted basic elevation drawings of the proposed addition showing siding, soffits, fascia, and roofing to match the existing home. Windows are proposed on all three exposed sides of the structure. A fencing type material is proposed to cover the sub-floor exterior to grade level. The existing retaining wall on the south corner of the property and established landscaping located on both the south and west sides of the home will assist in screening the proposed addition thus minimizing its impact from Sunrise Road and the neighboring property to the northwest. According to the applicant, one of the existing cottonwood trees would be removed to construct the addition. APPLICANT'S ESTIMATE OF HARDSHIP The applicant has stated that their large family and day care in their home necessitates an expansion of living space. According to the applicant, attempts were made to design the expansion to the rear of the home but these failed, as a logical interior plan could not be devised. The applicant beliefs that the lot size and corner configuration of the subject lot is extremely confining. He has stated that the existing deck has not presented a problem with aesthetics or open space and that converting it to living space should not be any more obtrusive. SUMMARY/CONCLUSION The applicant desires an expansion of the existing home to accommodate family needs and is proposing to construct a 336 square foot living space addition along the southeast side of the existing home adjacent to the Timber Wolf Trail right-of-way. The proposed addition would require City Council approval of an additional 14-foot Variance to setback requirements from public rights-of-way and a Variance to exceed the 20 percent maximum lot coverage requirement by 1.4 percent. ACTION TO BE CONSIDERED /3d I-71 Agenda Information Memo October 16, 2001, Eagan City Council B. COMPREHENSIVE GUIDE PLAN AMENDMENT. REZONING & PRELIMINARY SUBDIVISION - SHELTER CORP. ACTION TO BE CONSIDERED: To direct that a Comprehensive Guide Plan Amendment from RC (Retail Commercial) to MD (Medium Density Residential) be submitted to the Metropolitan Council for review and approval. To review a Rezoning/Preliminary Planned Development and Preliminary Subdivision (Cedar Villas). FACTS: • The site consists of 17.1 acres of land located west of Nicols Road and north of Erin Drive (across from Rahn Park) in the SW of Section 30. • The site currently has a zoning designation of CSC, Community Shopping Center, and a land use designation of RC, Retail Commercial. The applicant is proposing a land use designation of MD, Medium Density Residential (4-12 units per acre) and a rezoning to PD, Planned Development, to accommodate the private streets and multiple buildings on a parcel. • This proposal was before the City Council on September 18, 2001, and was continued at that meeting to allow the developer the opportunity to revise the plans to address the Council's concerns. • The developer has submitted a revised concept site plan, and a summary of the changes that have been made to the original submittal. • Modifications include the following: a. number of buildings reduced from 28 to 26 b. number of units reduced from 158 to 138 c. number of 3-bedroom units reduced d. number of garage spaces increased, detached garage buildings added e. all 3-bedroom units have two-stall attached garage f. 2-bedroom units have two garage stalls (one attached and one detached) in Shelter Corp. portion of development g. brick element added to fagade of all buildings. • The building footprints and site plan for the Dakota County portion of the project is essentially unchanged. The developer has indicated the private streets will meet city code standards and there will be no on-street parking. • Site amenities remain unchanged a central clubhouse, swimming pool, two tot lots, one older children's play area, and a basketball court. The stormwater pond will be constructed on the northern part of the site within the power line easement area. • We anticipate that the developer will have more detailed exhibits to share with the Council during the October 16`h meeting. • The Advisory Planning Commission held a public hearing on August 28, 2001. The APC recommended approval of the Comprehensive Guide Plan Amendment, and of the Preliminary Planned Development and Preliminary Subdivision, subject to the conditions in the APC minutes. /s3 o?_ Planning Report-Khanchandani Variance September 12, 2001 Page 4 To recommend approval of Variance to allow for a 7-foot setback from a public right-of-way and a Variance to exceed the 20 percent maximum lot coverage requirement by 1.4 percent in a residential district. 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The expansion exterior shall match the existing home. 3. Landscaping removed to accommodate the building expansion shall be replaced. ISSUES: • The detached garages on the west side of the site adjacent to Cedar Avenue (Hwy. 77) do not appear to meet a 50-foot setback from that right-of-way. This deviation in setback can be accommodated within the Planned Development if the Council finds it acceptable. • The conditions of approval in the APC minutes should be modified to reflect any changes made by the Council and to ensure compliance with the intent of the revised concept plan at the time of Final Planned Development. • Some of the preliminary plans will need to be revised in greater detail for the Final Planned Development application. • Since Comprehensive Guide Plan amendments are subject to review and approval of the Metropolitan Council, formal action on the associated Rezoning/Preliminary Planned Development and Preliminary Subdivision will be withheld until the Metropolitan Council has responded to the proposed Comprehensive Guide Plan Amendment. • Although formal City action on the proposed Rezoning/Preliminary Planned Development and Preliminary Subdivision will be withheld pending Metropolitan Council review and approval of the Comprehensive Guide Plan Amendment, it is appropriate for the Council to comment on the proposed subdivision and development plans at this time. ATTACHMENTS: August 28, 2001, APC Minutes, pa es through . Staff Report, pages through Correspondence from Shelter Corp. , pages Other correspondence, pages through Advisory Planning Commission August 28, 2001 Page 15 COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING & PRELIMINARY SUBDIVISION - SHELTER CORPORATION Chair Heyl opened the final public hearing of the evening regarding a Comprehensive Guide Plan Amendment amending the use of approximately 17 acres from RC, Retail Commercial to MD, Medium Density Residential, a Rezoning from CSC, (Commercial Shopping Center) to PD, (Planned Development) and a preliminary Subdivision/Preliminary Planned Development (Cedar Villas) to create two lots with 158 townhome units, located on the west side of Nicols Road, south of Jerry's Garden Center and north of the Sleep Inn in the NW Section of 30. Planner Dudziak introduced this item and highlighted the information presented in the City Staff's planning report dated August 24, 2001. She noted the background and history. Jay Jensen, Shelter Corporation stated the property has a gradual slope; therefore the owner has had difficulty selling the property to a commercial developer. He discussed parkland areas and stated the area will be jointly planned. He stated the property will meet all sound mitigation requirements. Kari Gill, Dakota County CDA, stated Dakota County CDA has nine similar developments completed in Dakota County. She stated the development will be mixed income housing. Member Kaess questioned the management of property. He discussed screening requirements. Ms. Gilbert stated the property management will be combined. She stated the screening requirements are very extensive. Jay Schweim, co-owner of Jerry's Garden Center, stated he purchased property because it was zoned commercial. He stated the equipment located on his property could be become a safety hazard to curious children. He expressed concern for liability of his property. He stated he would like the property to remain zoned commercial. Chair Heyl stated there is a park located across the street from Jerry's Garden Center and asked if there were any problems with children from the park. Mr. Schweim stated there are no problems currently. Richard Schweim stated the children at the park are supervised. He stated there is no way to prevent the children from entering his property. Jack Conrad, 782 Sunset Dr., stated commercial developments attracts children and are safety hazards. 13 114 Advisory Planning Commission August 28, 2001 Page 16 Bill Hodapp stated he represents a number of people that are supportive of the proposed development. He stated the development brings diversity to Eagan. Mike Wold, 4167 Starbridge Ct., stated affordable housing is a difficult issue. He stated he is supportive of the 34 homes that are designated for affordable housing. Donna Wells stated Minneapolis and St. Paul have fallen into the top 10 most expensive areas for living expenses. There being no further public comment, Chair Heyl closed the Public Hearing and turned the discussion back to the Commission. Mr. Jensen stated he would work with Jerry's Garden Center to prevent the vandalism of his property. Member Segal stated Jerry's Garden Center was there before this proposal and predicted people living in this area will complain about the noise from the garden center in the future. He suggested the applicant should consider the noise from Jerry's Garden Center. Mr. Jensen discussed the slope in the property and stated that it could help with noise reduction. Chair Heyl questioned the amount of green space. Mr. Jensen stated the entire development is rental property. He stated that the rent on a two-bedroom home will be rented at market rate. He stated that 80% percent of three bedroom homes will be rented for $900.00. He stated the property is 60% green space. Member Kaess stated the project fits the area. He stated he is confident that the townhome management is good enough to help prevent vandalism to the Jerry's Garden Center. He stated he is going to vote in favor, however request that City Council consider rental-housing inspection program. He stated the development seems to be good quality, affordable housing. He discussed bad landlords/management companies that currently operate in Eagan. Member Segal stated there are good landlords/management companies in Eagan. Member Huusko stated the development is good for the area He stated he is glad that this proposal has come to Eagan. Chair Heyl stated she agrees with Member Huusko. She stated this area has good access points and is a good area for a mixture of commercial and residential. She stated the amenities are located within the property nicely. She stated Oakridge, another Dakota County CDA townhome development, has not had any problems. She stated she is in favor of the development. 13~ Advisory Planning Commission August 28, 2001 Page 17 Member Huusko moved, Member Kaess seconded a motion to approve Comprehensive Guide Plan Amendment amending the use of approximately 17 acres from RC, Retail Commercial to NO, Medium Density Residential, located on the west side of Nicols Road, south of Jerry's Garden Center and north of the Sleep Inn in the NW 1/, Section of 30. All voted in favor. Member Segal stated the Garden center should not have any problems with the children in the area. He further stated that he is pleased with the development and confident in the management. Member Huusko moved, Member Hunter seconded a motion to approve a Rezoning from CSC, (Commercial Shopping center) to PD, (Planned Development), located on the west side of Nicols Road, south of Jerry's Garden Center and North of the Sleep Inn in the NW '/4 Section of 30 subject to the following conditions: 1. A written Preliminary Planned Development Agreement shall be executed and recorded with the County Recorder's office. 2. The property shall be subdivided and platted. 3. The owner and applicant and/or developer shall enter into a Final Planned Development Agreement with the City prior to issuance of a building permit. The following exhibits are necessary for the Final PD Agreement: • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Site Lighting Plan • Final Signage Plan 4. The term of this Planned Development shall be five years. 5. The developer shall insure that the building plans, materials and construction of the building improvements are such that they will provide an interior sound level of 45 dBA as compared with a noise level of 65 DNL. 6. Prior to Final Planned Development approval, the developer shall provide a copy of all cross easements and other agreements between the two lots documenting the joint access to site amenities and use of private streets, as well as any maintenance agreements for such shared facilities within this development. l~ Advisory Planning Commission August 28, 2001 Page 18 7. On-street parking should be prohibited along the main north-south street within the development, and restricted to one side on the other streets within the development. 8. Building setbacks shall be not less than those shown on the approved Preliminary Site Plan dated July 31, 2001. 9. A more detailed landscape plan shall be provided with the application for Final Planned Development and shall include underlying grading contours, show plant quantities, and identify individual species graphically. The final landscape plan shall note the minimum size specification for deciduous shade trees is 2-1/2 inches and six feet for coniferous trees, and that automatic irrigation will be provided for all landscaped areas. 10. The development shall provide at least 37,600 square feet of recreational space, which may include play lots, swimming pool and clubhouse, as well as open common yard areas. The basketball court shall not be included in satisfying the recreational space requirement because it is located less than 100 feet from the ponding area. 11. Revised building elevation plans shall be submitted for the Final Planned Development. The plans shall identify building materials and colors. Trim and roof colors shall contrast with the siding for added visual interest. The type of materials shall be consistent throughout both the Dakota County CDA and Shelter Corporation portions of the development, though different but complementary colors may be used among the buildings. 12. A Site Lighting Plan will be required with the application for Final Planned Development. The plan shall show a fixture details and photometrics. Lighting shall be indirect and diffused and shall not be directed upon public rights-of-way or adjacent properties, and the source of light shall not be directly visible from off the property. 13. The sign plans shall be revised so that the sign height does not exceed 7 feet. The signs shall be set back a minimum of 10 feet from the property lines. Additionally, the sign location at Erin Drive and Nicols Road is subject to City Code Section 11.10, Subdivision 7 regarding traffic visibility. A sign permit shall be obtained prior to installation of the sign and the location confirmed for compliance at the time of permit issuance. 14. All requirements set forth in Section 11. 10, subdivision 24 of the City Code shall apply to this development. The developer shall submit detailed plans at the time of application for Final Planned Development demonstrating that these standards are satisfied. All voted in favor Advisory Planning Commission August 28, 2001 Page 19 Member Huusko moved, Member Segal seconded a motion to approve a Preliminary Subdivision/Preliminary Planned Development (Cedar Villas) to create two lots with 158 townhome units, located on the west side of Nicols Road, south of Jerry's Garden Center and north of the Sleep Inn in the NW Section of 30 subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: A1, B1, B4, C1, C2, C4, D1 and E1 2. The property shall be platted. 3. Prior to final subdivision approval, the developer shall provide a copy of all cross casements and other agreements between the two lots documenting the joint access to site amenities and use of private streets, as well as any maintenance agreements for such shared facilities within this development. 4. The developer shall insure that the building plans, materials and construction of the building improvements are such that they will provide an interior sound level of 45 dBA as compared with a noise level of 65 DNL. 5. The developer shall construct the private streets to widths in accordance with City code requirements. 6. This development shall meet the City's water quality requirements through a combination of on-site ponding and cash dedication. 7. The stormwater pond shall be constructed to treat 13.1 acres of the site area. It shall contain a minimum wet-pond volume of 1.23 acre-feet and shall have a minimum area of 0.43 acres. The stormwater treatment pond shall be constructed according to NURP standards with a maximum depth of 6 feet, a 10:1 aquatic bench beginning at the normal water level, and an outlet skimmer according to City design standards. 8. In lieu of ponding to treat stormwater from 4.0 acres of the site, a cash dedication of $8,770.00 also shall be required. 9. The developer is responsible for compliance with any regulations imposed by Excel Energy concerning construction and grading within the easement on the northern part of the property. 10. Tree mitigation is required and shall be accomplished through the installation of fourteen (14) category B trees (or an equivalent combination of category A and/or category C trees). 11. This development is responsible for cash park and trail dedications. The dedication is to be collected at the time of final plat at the rates then in effect. 13 Advisory Planning Commission August 28, 2001 Page 20 All voted in favor. OTHER BUSINESS Mr. Ridley stated there will not be an Advisory Planning Commission workshop in September. ADJOURNMENT Member Segal moved Member Bendt seconded a motion to adjoum the Advisory Planning Commission meeting at 10:40 pm. Secretary Eagan Advisory Planning Commission /39 PLANNING REPORT CITY OF EAGAN REPORT DATE: August 24, 2001 CASE: 30-CG-04-07-01 30-RZ-09-07-01 30-PD-03-07-001 30-PS-12-07-01 APPLICANT: Shelter Corporation HEARING DATE: August 28, 2001 PROPERTY OWNER: Hillcrest Development APPLICATION DATE: August 1, 2001 REQUEST: Comp. Guide Plan Amendment; PREPARED BY: Pamela Dudziak Rezoning/Preliminary Planned Development; Preliminary Subdivision LOCATION: West of Nicols Road and North of Erin Drive (across from Rahn Park) COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: CSC, Community Shopping Center SUMMARY OF REQUEST Shelter Corporation is requesting approval of a Comprehensive Guide Plan Amendment from RC (Retail Commercial) to MD (Medium Density Residential), a Preliminary Planned Development and Preliminary Subdivision (Cedar Villas) of 17.1 acres on property located west of Nicols Road and north of Erin Drive (across from Rahn Park) in the SW V4 of Section 30. AUTHORITY FOR REVIEW Comprehensive Guide Plan: The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational /TV Planning Report - Cedar Villas August 28, 2001 Page 2 basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. Planned Development: Chapter 11.20, Subd. 8, B., Determination, states: "In considering any petition for such district, the Planning Commission and the Council in the interests of carrying out the intent and purpose of this Subdivision, shall determine whether or not such planned development will: (1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than does development of the underlying zoning district; (2) be feasible for the owner and developer economically to complete according to proposed plans; (3) benefit the community at large to a greater degree than would development of the underlying zoning district." Preliminary Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. yl Planning Report - Cedar Villas August 28, 2001 Page 3 G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY Mari Acres 2nd Addition was platted in 1981. This property has been guided for commercial use and zoned Community Shopping Center since that time. In 1992 a Conditional Use Permit was requested for this property to establish an outdoor recreational facility (outdoor miniature golf and a go cart track). That CUP was denied and the track was not built. The site remains vacant. EXISTING CONDITIONS The subject site consists of two parcels, Lots 1 and 2, Block 3, Mari Acres 2"d Addition, and is vacant. A power transmission line and easement cover part of the northern end of the site. Elevations on the site range from approximately 944 near Highway 77 to 888 near Nicols Road, resulting in an overall elevation change of 56 feet. The site currently has a zoning designation of CSC, Community Shopping Center, and a land use designation of RC, Retail Commercial. The applicant is proposing a land use designation of MD, Medium Density Residential (4-12 units per acre) and a rezoning to PD, Planned Development, to accommodate the private streets and multiple buildings on a parcel. 11l Planning Report - Cedar Villas August 28, 2001 Page 4 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Jerry's Nursery/Vacant; zoned LB (Limited Business); guided OS (Office/Service) South - Vacant/pond; zoned PD (Planned Development - hotel); guided RC (Retail Commercial) East - Rahn Park/Residential; guided P (Park), PD (Planned Development - single- and two- family) and R-1 (Single-Family Residential) West - Hwy. 77 (Cedar Avenue) EVALUATION OF REQUEST Comprehensive Guide Plan Amendment: The proposed development is a joint project between Shelter Corporation and the Dakota County Community Development Agency. Dakota County plans to develop 34 townhome units on Lot 1, and Shelter Corp. 124 units on Lot 2. The property is currently zoned CSC, Community Shopping Center, and has a land use designation of RC, Retail Commercial. To proceed with the proposed townhome development on this site requires an amendment to the city's Comprehensive Guide Plan changing the land use designation from RC, Retail Commercial to MD, Medium Density Residential (4-12 units per acre). Compatibility with Surrounding Area - Development east of Nicols Road is residential. Rahn Park is also located east of Nicols Road. The west side of Nicols Road is primarily commercial uses. To the north is Jerry's nursery, an office and vacant land, and to the south is a vacant lot (approved for a 108-room hotel), a hotel, an office and some Class 2 restaurants. Airport Noise Considerations - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter of its Metropolitan Development Plan that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in Eagan place the subject property within Noise Zone 4. Within this area, multiple residential development would be provisional, meaning that it must comply with certain structural performance standards to be acceptable according to MS 473.192. In particular, the building plans, materials and construction should be such that they will insure an interior sound level of 45 dBA as compared with a noise level of 65 DNL (based on the inside boundary of the noise zone). This would require an inside noise level reduction of at least 20 dBA (DNL level minus required dBA level) as compared with the noise level at the inner boundary of the noise zone, in this case 65 DNL. Planning Report - Cedar Villas August 28, 2001 Page 5 Preliminary Subdivision: Project Description - The project consists of 28 buildings containing 158 townhome units. Each of the 158 units will have an attached garage and separate entrance. Site amenities will be shared and include a central clubhouse, swimming pool, two tot lots, one older children's play area, and a basketball court. Street access is proposed via private streets throughout the development with access to Erin Drive to the south. A stormwater pond is proposed to be constructed on the northern part of the site within the power line easement area. Prior to final subdivision and final planned development approval, the developer should provide a copy of all cross easements and other agreements between the two lots documenting the joint access to site amenities and use of private streets, as well as any maintenance agreements for such shared facilities within this development for review by the City Attorney. Density - The gross density of this project is 9.24 units per acre. This is within the 4-12 units per acre density range of the requested MD, Medium Density Residential, land use designation. Lots - The proposed subdivision will create two lots with a different configuration than the current parcels. Lot 1 is in the southwest corner of the site and is four acres in area. Lot 2 comprises the rest of the site and is 13.1 acres in size. The site is being divided into two lots to reflect the two developers of this project, Dakota County CDA and Shelter Corp. Dakota County will be developing 34 units on Lot 1, and Shelter Corp. 124 units on Lot 2. Grading - The preliminary grading plan is acceptable. The site has been previously graded, is generally open and slopes to the east toward Nicols Road. Elevations on the site range from approximately 944 near Highway 77 to 888 near Nicols Road, resulting in an overall elevation change of 56 feet. The proposed townhomes will be approximately 20 to 25 feet above the existing adjacent portion of Nicols Road. Modular block retaining walls are proposed in several locations to maintain required maintainable slopes throughout the development. Storm Drainage - The preliminary storm drainage plan is acceptable. - Storm water runoff from the development will drain via storm sewer to a proposed storm pond along the north. edge of the site. The pond will flow east to existing storm sewer in Nicols Road and will be designed to control rates of storm water runoff to pre-development rates. If the pond were to overflow with a large storm event, it would flow east onto Nicols Road. Water OualinfEetlands - This 17.1-acre development is proposed to be located in the City's A- watershed, and would not be associated with any priority waterbody, according to the City's water quality management plan. Because of the size of this development and the extent of its impervious cover, stonmwater will need to be treated on-site to meet the City's water quality requirements. To meet the water quality requirements of the City, the developer proposes to direct runoff from 13.1 acres of the site to a treatment pond, which would be constructed in the north-central portion of the parcel. Stormwater from the remaining 4.0 acres of the site is proposed to drain into the existing stonmwater system through off-site runoff. ] YI Planning Report - Cedar Villas August 28, 2001 Page 6 The required volume and area of water quality treatment ponds are based on the impervious proportion of proposed developments (i.e., land covered by buildings, parking lots, driveways, and walks). With an impervious proportion of 40 percent, a minimum wet-pond volume of 1.23 acre-feet covering a minimum area of 0.43 acres would be needed to treat the stormwater generated by 13.1 acres of the development. The pond should have a maximum depth of six feet and a 10:1 aquatic bench beginning at the normal water level. The outlet structure of the pond should be consistent with City of Eagan standards. A cash dedication in lieu of should be required for stormwater draining from the other 4.0 acres of the development. There are no jurisdictional wetlands associated with this site. Utilities - The preliminary utility plan is acceptable. An existing trunk sanitary sewer runs along the south edge of the site within Erin Drive to the south and is available for connection by this development. Water main is available for connection within Erin Drive and Nicols Road. Streets/Access - The development is proposed to be served internally with private streets with public street access to Erin Drive at two locations. Erin Drive is a 48-foot wide street scheduled in the City Five-Year Capital Improvement Plan (2002-2006 CIP) for bituminous overlay in 2002. Erin Drive intersects with Nicols Road in two locations. This proposed development would generate an estimated 950 vehicles per day. Nicols Drive is a 48-foot wide, 4-lane community collector street within a current 24-hour traffic count of approximately 6,200 and is able to accommodate the traffic generated by the proposed development. The preliminary site plan shows private streets two feet narrower than allowed by City code. The developer should construct the private streets to widths in accordance with City code requirements. A concrete sidewalk along the north side of Erin Drive leading out to a bituminous trail along Nicols Road will provide for pedestrian access. Easements/Rights-of-Way/Permits - A 200-foot wide Excel Energy overhead power line easement runs east to west along the north edge of the site. The developer will have to comply with any regulations Excel Energy requires for construction and grading within this easement. Tree Preservation - A tree inventory submitted with this application indicates that there are thirteen (13) significant trees on site. Species break down is as follows: Species Avg Diameter Dia. Range Count Percent of Total Cottonwood 17" 12"-24" 8 62% Maple 12" 12" 3 23% Elm 12" 12" 2 15% Planning Report - Cedar Villas August 28, 2001 Page 7 The development as proposed will result in the removal of thirteen (13) significant trees (100 % of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, multiple-lot, multiple-unit residential) is set at 47.5% of the total significant trees. With a proposed removal more than the allowable amount,- there will be required tree mitigation for this proposal. This required tree mitigation calculates to fourteen (14) category B trees (or an equivalent combination of category A and category C trees). Parks and Recreation - This development is responsible for cash park and trail dedications. The dedication is to be collected at the time of final plat, at the rates then in effect. The current rates in the 2001 Fee Schedule are $1,360.00 per unit for parks, and $168.00 per unit for trails. Planned Development: Within the proposed Planned Development zoning, both the developer and the City have greater flexibility in the overall design of the development and typical zoning standards do not strictly apply. However, to help the Advisory Planning Commission (APC) and City Council evaluate the proposed development plans, the R-3 (Residential Townhome) zoning district standards are used as a basis for comparison. Term - Staff suggests a five-year term for this Preliminary Planned Development. Building Coverage - The City Code sets a maximum building to lot area ratio of 20%. Each of the two lots is less then 20% coverage, and the development has an overall building coverage of 18%. Off-Street Parking - City Code requires two parking stalls for each dwelling unit, one of which must be enclosed. This development has a single-stall garage for each unit, plus one stall off- street driveway parking for each unit. Some of the three-bedroom units have a two-stall garage. Between the garage and driveway parking, the City Code standard is met. Additional off-street parking for guests and visitors is also provided in several locations throughout the development and totals 94 stalls. Emergency Access - On-street parking should be prohibited along the main north-south street within the development (20-foot wide segments), and restricted to one side on the other streets within the development (28-foot wide segments). Setbacks - The site is bounded by three public streets, Hwy. 77 (Cedar Avenue) to the west, Nicols Road to the east, and Erin Drive to the south. Required minimum structure setbacks are 50 feet from Cedar Avenue (Hwy. 77), 40 feet from Nicols Road, and 30 feet from Erin Drive. A structure setback of 30 feet is also required from the adjacent property to the north. The structures appear to meet these setbacks, with the exception of decks and patios along Nicols Road and which are about 40 feet from the property line. Setbacks between buildings are 20 feet or greater. Front setbacks from the curb are proposed to be 19-20 feet, sufficient depth for off- / IY6 r~ Planning Report - Cedar Villas August 28, 2001 Page 8 street parking. This is a deviation from typical code standards, which would require minimum setbacks of 25 feet from the curb on a through private street. Landscaping - A landscape plan has been submitted which shows a variety of trees and shrubs throughout the site. At this time the landscape plan is conceptual, generally identifying shrubs, shade trees, ornamental trees, coniferous trees, perennial plantings and sodded areas. A list of species is provided, however the conceptual plan does not identify which particular species will be planted where on the site. Deciduous and evergreen trees are located around the perimeter of the site adjacent to the roadways. Foundation plantings are shown in greater detail on a separate sheet. While the conceptual plan is acceptable for a Preliminary Planned Development, a more detailed landscape plan should be provided with the application for Final Planned Development and should include underlying grading contours, show plant quantities, and identify individual species graphically. The applicant should note that the minimum size specification for deciduous shade trees is 2-1/2 inches and six feet for coniferous trees. Also, automatic irrigation is required for all landscaped areas and should be noted on the final landscape plan. Recreational Space - Recreational amenities are proposed to be shared within the development. Such amenities include two tot lots, an open play area for older children, a club house and swimming pool, and a basketball court. The City Code requires townhome and apartment developments to provide a minimum recreation area of 200 square feet for each unit containing two or fewer bedrooms, and an additional 100 square feet for each unit containing more than two bedrooms. Also, such recreation area must be located at least 100 feet from any ponding area. Using this standard, a total of 37,600 square feet of recreation space would need to be provided within the site, and the basketball court would not count toward the total because it is close to the ponding area. Sufficient recreation area appears to be provided excluding the basketball court (5,400 sq. ft.), the play lots and green areas between the rows of buildings and the clubhouse and swimming pool area total over 38,000 square feet. In addition, residents would have access to Rahn Park located across Nicols Road from the development site. Units - The proposed development consists of a total of 89 two-bedroom units, 68 three- bedroom units, and one one-bedroom unit. Two of the units will be designed to be accessible (the one-bedroom and one of the two-bedroom units), both within the Dakota County CDA portion of the project. Architecture and Exterior Materials - The Shelter Corporation buildings are two-three stories. Exterior materials consist of vinyl siding and asphalt shingles with wood decks and railings. A color palette for the materials was not provided for the Preliminary Planned Development, but will be required for the Final Planned Development. The building elevations show portions of the walls set forward and back to provide relief in the facade, and gable elements in the roof line to for each unit adding visual interest. For added architectural interest, trim and roof materials should be a contrasting color to the siding. The buildings in the Dakota County CDA portion of the project are similar, but do not include decks. Also, the roof pitch appears to be greater and i Planning Report - Cedar Villas August 28, 2001 Page 9 materials were not specified. The Dakota County CDA buildings are all two stories. Dakota County and Shelter Corporation have indicated that their buildings will be complementary to provide the appearance of a unified development. Final building elevations should identify exterior materials and colors and show height dimensions. Again, roof and trim colors that contrast with the siding color should be employed. Li tin - The City Code requires that site lighting be provided as is necessary for security, safety and traffic circulation. A site lighting plan will be required with the application for Final Planned Development. The site lighting plan should show a fixture details and photometrics. Lighting shall be indirect and diffused and shall not be directed upon public rights-of-way or adjacent properties. The source of light shall not be directly visible from off the property. Sgnage - Signage is proposed at the southeast corner of the site at Erin Drive and Nicols Road, and entry signage is proposed on both sides of the main entrance to the development from Erin Drive. The main entrance is a divided private street with a landscaped median. Only one sign detail was presented, and it is unclear whether the same sign will be constructed for both of these locations. The monument entry sign is proposed to be 8'8" in height, which exceeds the code maximum of 7 feet. The sign plans should be revised so that the sign height does not exceed 7 feet. The signs shall be set back a minimum of 10 feet from the property lines. Additionally, the sign location at Erin Drive and Nicols Road is subject to City Code Section 11. 10, Subdivision 7 regarding traffic visibility. A sign permit shall be obtained prior to installation of the sign and the location confirmed for compliance at the time of permit issuance. Other Site Design Requirements- Section 11.10, Subdivision 24 contains other specific site design requirements pertaining to multiple dwelling developments. In addition to recreation space and site lighting, this subdivision contains standards specific to the provision of walkways, storage space inside the building, platting of the property and public safety. All requirements set forth in this subdivision shall apply to this development. The developer shall submit detailed plans at the time of application for Final Planned Development demonstrating that these standards are satisfied. Neighborhood Meeting - The applicant hosted a neighborhood informational meeting on August 23, 2001. SUMMARY/CONCLUSION In summary, Shelter Corporation is requesting approval of a Comprehensive Guide Plan Amendment from RC (Retail Commercial) to MD (Medium Density Residential), a Preliminary Planned Development and Preliminary Subdivision (Cedar Villas) of 17.1 acres on property located west of Nicols Road and north of Erin Drive (across from Rahn Park) in the SW K of Section 30. ~u Planning Report - Cedar Villas August 28, 2001 Page 10 The project consists of 28 buildings containing 158 townhome units, plus a shared clubhouse. Each of the 158 units will have an attached garage and separate entrance. Site amenities will be shared and include a swimming pool, two tot lots, one older children's play area, and a basketball court. Street access is proposed via private streets throughout the development with access to Erin Drive to the south. A stormwater pond is proposed to be constructed on the northern part of the site within the power line easement area. The proposal appears to satisfy most typical City Code performance standards with regard to parking, setbacks, recreational space, landscaping, storm drainage, etc. Some of the preliminary plans will need to be revised in greater detail for the Final Planned Development application. The primary issue for the Advisory Planning Commission and City Council to consider is the policy matter of whether the change in land use designation from commercial to residential is appropriate for this 17-acre site. The site has been designated for commercial use for over 20 years and has not developed as such. There are other residential uses in the vicinity, however those are east of Nicols Road. This proposed residential development would introduce a new land use west of Nicols Road where the other land uses are primarily commercial and institutional. ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Guide Plan Amendment changing the land use designation from RC, Retail Commercial, to MD, Medium Density Residential, of 17.1 acres on property located north of Erin Drive and west of Nicols Road, legally described as Lots 1 and 2, Block 3, Mari Acres rd Addition, in the SW of Section 30. To recommend approval of a Rezoning to Preliminary Planned Development for the construction of 158 townhome units on 17.1 acres located west of Nicols Road and north of Erin Drive, legally described as Lots 1 and 2, Block 3, Mari Acres 2nd Addition, in the SW of Section 30. If approved, the following conditions should apply: 1. A written Preliminary Planned Development Agreement shall be executed and recorded with the County Recorder's office. 2. The property shall be subdivided and platted. 3. The owner and applicant and/or developer shall enter into a Final Planned Development Agreement with the City prior to issuance of a building permit. The following exhibits are necessary for the Final PD Agreement: • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Site Lighting Plan • Final Signage Plan Planning Report - Cedar Villas August 28, 2001 Page 11 4. The term of this Planned Development shall be five years. 5. The developer shall insure that the building plans, materials and construction of the building improvements are such that they will provide an interior sound level of 45 dBA as compared with a noise level of 65 DNL. 6. Prior to Final Planned Development approval, the developer shall provide a copy of all cross easements and other agreements between the two lots documenting the joint access to site amenities and use of private streets, as well as any maintenance agreements for such shared facilities within this development. 7. On-street parking should be prohibited along the main north-south street within the development, and restricted to one side on the other streets within the development. 8. Building setbacks shall be not less than those shown on the approved Preliminary Site Plan dated July 31, 2001. 9. A more detailed landscape plan shall be provided with the application for Final Planned Development and shall include underlying grading contours, show plant quantities, and identify individual species graphically. The final landscape plan shall note the minimum size specification for deciduous shade trees is 2-1/2 inches and six feet for coniferous trees, and that automatic irrigation will be provided for all landscaped areas. 10. The development shall provide at least 37,600 square feet of recreational space which may include play lots, swimming pool and clubhouse, as well as open common yard areas. The basketball court shall not be included in satisfying the recreational space requirement because it is located less than 100 feet from the ponding area. 11. Revised building elevation plans shall be submitted for the Final Planned Development. The plans shall identify building materials and colors. Trim and roof colors shall contrast with the siding for added visual interest. The type of materials shall be consistent throughout both the Dakota County CDA and Shelter Corporation portions of the development, though different but complementary colors may be used among the buildings. 12. A Site Lighting Plan will be required with the application for Final Planned Development. The plan shall show a fixture details and photometrics. Lighting shall be indirect and diffused and shall not be directed upon public rights-of-way or adjacent properties, and the source of light shall not be directly visible from off the property. 13. The sign plans shall be revised so that the sign height does not exceed 7 feet. The signs shall be set back a minimum of 10 feet from the property lines. Additionally, the sign location at Erin Drive and Nicols Road is subject to City Code Section 11. 10, Subdivision t 5-0 I 71 Planning Report - Cedar Villas August 28, 2001 Page 12 7 regarding traffic visibility. A sign permit shall be obtained prior to installation of the sign and the location confirmed for compliance at the time of permit issuance. 14. All requirements set forth in Section 11. 10, subdivision 24 of the City Code shall apply to this development. The developer shall submit detailed plans at the time of application for Final Planned Development demonstrating that these standards are satisfied. To recommend approval of a Preliminary Subdivision (Cedar Villas) to create two lots on 17.1 acres located west of Nicols Road and north of Erin Drive, legally described as Lots 1 and 2, Block 3, Mari Acres 2nd Addition, in the SW of Section 30. If approved, the following conditions should apply. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3,1993: Al, B1, B4, Cl, C2, C4, D1 and E1 2. The property shall be platted. 3. Prior to final subdivision approval, the developer shall provide a copy of all cross easements and other agreements between the two lots documenting the joint access to site amenities and use of private streets, as well as any maintenance agreements for such shared facilities within this development. 4. The developer shall insure that the building plans, materials and construction of the building improvements are such that they will provide an interior sound level of 45 dBA as compared with a noise level of 65 DNL. 5. The developer shall construct the private streets to widths in accordance with City code requirements. 6. This development shall meet the City's water quality requirements through a combination of on-site ponding and cash dedication. 7. The stormwater pond shall be constructed to treat 13.1 acres of the site area. It shall contain a minimum wet-pond volume of 1.23 acre-feet and shall have a minimum area of 0.43 acres. The stormwater treatment pond shall be constructed according to NURP standards with a maximum depth of 6 feet, a 10:1 aquatic bench beginning at the normal water level, and an outlet skimmer according to City design standards. 8. In lieu of ponding to treat stormwater from 4.0 acres of the site, a cash dedication of $8,770.00 also shall be required. 9. The developer is responsible for compliance with any regulations imposed by Excel Energy concerning construction and grading within the easement on the northern part of the property. /57/ i Planning Report - Cedar Villas August 28, 2001 Page 13 10. Tree mitigation is required and shall be accomplished through the installation of fourteen (14) category B trees (or an equivalent combination of category A and/or category C trees). 11. This development is responsible for cash park and trail dedications. The dedication is to be collected at the time of final plat at the rates then in effect. Asa STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. ~S3 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Imorovements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10. 1990 Revised: February 2. 1993 LTSrs STANDARO.CON / lilt FINANCIAL OBLIGATION Cedar Villas Preliminary Subdivision Addition There are pay-off balances of special assessments totaling 540- on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT Storm Sewer Lateral M.F. $25.00/F.F. 70 F.F. $1,750 Total $1,750 15.5 Location Map ! sweet ca~ Busing h.a" i ~~•~s Ott' 77 Lt rA RTE • EE! ! It t • • s y ■ 1 ! t o s 1 • i sub •et site J I t I mot Is i ft ! 1 9 ■ l now I a Iwo 0 tooo 3= feel Development/Developer: Cedar Villas Application: Prelim. Subdivis g, CO Amendment, Prelim PD Case No.: 30-PS-12-07419 01, 30-CG-0407-01, 30-PD-03-07-01 fly ►■MM rM ERt1 ARViw. i.t. ~r.M bw ■M M A••lyd N M O.b.o t:.urnY L,.rM.w.Y O•Mnwws ud Y .rwia w.l aw.7Nt. CIty of Eagan THIS fur IS INTENDED FOR REFERENCE USE ONLY M E MINNESOTA The Ctfy of Uses ate/ Dakota Cw"tY w net guarantee fee a.Cura.Y of this bnfertwatlee oad are t C.•w~.1wp..rd.pw.ww a.p.rr.a.t oat re./en.lble far errors or eralsalww 1 11 Current Zoning and Comprehensive Guide Plan Cedar Villas Land Use Map Case No. 30-PS-12-07-01, etc. Zoning Map P Ls Current Zoning: CSC csc Community Shopping Center P e u D P PD i PD u ea • •ae a•o \ PD R. Comprehensive Guide Plan Land Use Map P O►s D Current Land Use Designation: RC P RC Retail Commercial a D MD MD RC ND s MD RC Ora M • •N f~• MI w MW ~ ~b LAN Wv-, Oyea~w! •N1M. b a4 sus. T rv E City of Eagan itli M" li INTENDED FOR REFERENCE USE ONLY Comm uft Deveropmem D"Mw# The City of Eagan and Dakota County do not guamnbe the accuracy of this Wennalon. 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ULU w +~i. ~'S ( t Caw w~~~.• + Ai m w rsa ~•y~~•' ~J ~S L•R OWN" p ~ " ' • ON%170~H ml.nrr~rrrnnri ~ N C-0 t 0 C ~5~ .:~r..'• w 1,~ a~0~ K~ Rs`R~ xR lit W ~ ~ ~ ~ eeeE~e ' ~j.'.o ~Y• - s L4 jet _ r s Q LLLLLdL ter, _ik s iffi ►~FFiZpY~r ~,'•"f~~t~! `~'+:~i.y.~(' X01 ~e~ ~I€~~%s€€it~e l•€~i■ ♦ ~ ♦ 1 1 \ ♦ i % J , ~ I ♦ \-1 ' I I ~ ♦ 1 ~ 1 1 f I ~ I ♦ \ I J I ~ ♦ ` 1 I ` 1 t j ~ • ♦ I R 1 1 I , • r n f l ~ i • 1 ~ _ ~ • • 'fit` f t 1 I I 1 '-q. ~II 11 i THE LEAGUE OF WOMEN VOTERS NORTHERN DAKOTA COUNTYAREA DATE: August 25, 2001 TO. Members of the Eagan Advisory Planning Commission: FROM: Karen Flood, 1518 Lone Oak Road, Eagan 6514542631 League of Women Voters of Northern Dakota County Area RE: Comprehensive Guide Plan Amendment $ Rezoning Request Cedar Villas (W of Nicole Rd., N of Erin Dr. and E or Cedar Avenue) Unfortunately, I am not able to attend the August 28 meeting of the APC where the above matter will be acted upon. I take this opportunity to submit comments from the League of Women Voters on this issue. The Dakota County Community Development Agency (CDA) in partnership with the for-profit Shelter Corporation of America is proposing a mixed income residential development which would require changes to the Comprehensive Guide and Eagan Zoning. The League of Women Voters supports the Guide Plan amendments and the necessary rezoning. According to the Eagan Comprehensive Guide, the city will " only support higher density residential development in areas adequately served by municipal services, including utilities, roadways, transit, parks and schools". This proposal clearly meets each of the city requirements. Members of League of Women Voters have appeared numerous times at APC and Eagan city council meetings to call attention to the housing crisis and inadequate amount of land designated for medium to high density housing. At an August 23, 2001 Eagan Neighborhood Meeting, representatives of Shelter Corporation of America and the Dakota County Community Development Agency (CDA) presented an overview of this proposed development which would address the critical need for affordable, workforce housing in Eagan. Several details of the proposal are note-worthy: - Shelter Corporation of America is a large private developer which has a proven track record of quality construction and management - The Dakota County Community Development Agency (MA) has developed eight attractive, well-managed and maintained family residential areas in Dakota County. - Tbirty-four of the 124 units will be affordable to families of four eaming between $22,410 to $37,350 per year. - There will be no cost to the city for development Building permit costs will be paid by the developer, and approximately $600.000 will be paid to the city for park dedication. - Transportation needs were researched with the Minnesota Valley Transit Authority. - Garages and more than adequate parking will be available. - The ponding area exceeds requirements. - Landscaping and green space enhance the neighborhood and buffer highway noise. Page two 8-25-01 City Council member Paul Bakken has been quoted as saying: Nxitia a for the (aflordablk housing) effort must come from the community because there is link the council can do on its a»rn. J° This proposal is an excellent example of a community housing strategy which brings together funding sources and public/private partnerships to meet future housing needs. Thank you for your favorable consideration of this important project. l~ 09/27/2001 11:59 6123326284 SHELTER CORPORATION PAGE 02/02 mwmwwwm~ Curpnrate Office San Antonio offca Shelter Corporation 900 Sccond a.tmk South 8000 IN 1U wes:. Suitt 5: Suite S80 San Antnnio. TX 7827,0 Minneapubs, MN 55402.3325 (210; 524-7701 (612) 341-78N Fax .10) 523-77(r' Fax(612)332-82S4 Pamela Dudziak CitS of Eagan 3830 Not Knob Road Eagan, ?Minnesota 55122-1897 Subject: Request for postponement of the Cedar Villas zoning request Dear Pam, Per our telephone conversation, we are requesting that the City Council postpone their consideration of the Cedar Villas zoning modification at the October 2, 2001 to their neat meeting on October 16, 2001. During this postponement we are working to modify our submission to meet suggestions trade at the September ITe City Council meeting and the September 21" meeting with Council Member Carlson and staff. Thank you for your consideration. Sincerely, Jai- Jensen Senior Vice President fg I , •~~`ESoo, Minnesota Department of Transportation l; 3 Metropolitan Division ~R>"•' Waters Edge 1500 West County Road 132 Roseville, MN 55113 September 4, 2001 Ms. Pam Dudziak City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55121 Subject: Cedar Villas-Mn/DOT Review # POI-094 East of Trunk Highway 77 and North of Erin Drive Eagan, Dakota County Control Section 1925 Dear Ms. Dudziak: The Minnesota Department of Transportation (Mn/DOT) has reviewed the above referenced plat in compliance with Minnesota Statute 505.03, subdivision 2, Plats. Before any further development, please address the following issues: • For your information, Mn/DOT has access control along Trunk Highway 77. If you have any questions regarding this information, please contact Harold Larson (651-582-1267) in our Right of Ways section. • As a reminder, Nichols Road is Eagan Municipal State Aid Route 122. Any work on a MSA route must meet State Aid rules and policies. You may obtain additional information regarding State Aid rules and policies in any of the following ways: http://www.dot.state.mn.us/stateaid/ shows or has links to the applicable forms and the M% /DOT State Aid Manual. ➢ Refer to the Mn/DOT State Aid Manual, Chapter 5-892.200 for information regarding standards and policies. Please go to httR://www.revisor.leg.state.mn.us/arule/8820 / for information regarding State Aid Operations Rules Chapter 8820. For driveway standards, the designer is directed to refer to the Mn/DOT Road Design Manual (English) Table 5-3.04A and Figure 5-3.04A for guidance and policies. Driveway widths, other than those recommended, up to 50 feet will be permitted only by special permission of the • Commissioner of Transportation or designee. Please contact Jim Deeny in our State Aid section at (651) 582-1389 with any additional questions. • Mn/DOTs policy is to assist local governments in promoting compatibility between land use and highways. Residential uses located adjacent to highways often result in complaints about traffic noise. Traffic noise from this highway could exceed noise standards established by the Minnesota Pollution Control Agency (MPCA), the U.S. Department of Housing and Urban Development, and the U.S. Department of Transportation. Minnesota Rule 7030.0030 states that municipalities are responsible for taking all reasonable measures to prevent land use activities listed in the MPCA's Noise Area Classification (NAC) where the establishment of the land use would result in violations of established noise standards. An equal opportunity employer m Mn/DOT policy regarding development adjacent to existing highways prohibits the expenditure of highway funds for noise mitigation measures in such areas. The project proposer should assess the noise situation and take the action deemed necessary to minimise the impact of any highway noise. If you have any questions regarding Mn/DOTs noise policy please contact Jim Hansen in our Transportation Planning section at (651) 582-1392. Please address all future correspondence for development activity such as plats, site plans, environmental reviews, and comprehensive plan amendments to: Paul Czech Mn/DOT - Metro Division Waters Edge 1500 West County Road B-2 Roseville, Minnesota 55113 Mn/DOT document submittal guidelines require three (3) complete copies of plats and two (2) copies of other review documents including site plans. Failure to provide three (3) copies of a plat and/or two (2) copies of other review documents will make a submittal incomplete and delay Mn/DOT's review and response to development proposals. We appreciate your anticipated cooperation in providing the necessary number of copies, as this will prevent us from having to delay and/or return incomplete submittals. Feel free to contact me at (651) 582-1378 if you should have any questions. cer Whaput,CP~ Je ' er Senior Transports on Planner Copy: Gary Stevenson, Dakota County Surveyor Pete Sorenson, Dakota County Traffic Engineer Shelter Corporation Loucks Associates Elness Swenson Graham Architects Mn/DOT Division File C.S. 1925 Mn/DOT LGL - Eagan i Agenda Information Memo October 16, 2001 Eagan City Council Meeting C. ORDINANCE AMENDMENT - DIRECT PREPARATION OF ORDINANCE AMENDMENT ESTABLISHING THE EAGAN CONVENTION AND VISITORS BUREAU BOARD OF DIRECTORS AS A COMMISSION OF THE CITY OF EAGAN ACTION TO BE CONSIDERED: To approve or deny directing the City Attorney to prepare an ordinance amendment establishing the Eagan Convention and Visitors Bureau Board of Directors as a Commission of the City of Eagan or to continue this item to a future City Council meeting. FACTS: • The Eagan Convention and Visitors Bureau (ECVB) was established in 1993. • At that time, the City of Eagan and the Northern Dakota Chambers of Commerce entered into a Joint Powers Agreement whereby the Chamber would maintain the ECVB. • On April 25, 2001, the Chamber Board of Directors voted to terminate the Joint Powers Agreement. • In a letter dated June 21, 2001, the Chamber notified the City of their decision. • The Communications Committee of the Eagan City Council has been discussing how to replace the reporting relationship of the ECVB to the Chamber. • It is their recommendation that the ECVB Board of Directors become a commission of the City; that the ECVB personnel become employees of the City; that the City Council would appoint the members of the Board of Directors; that the City Council would approve budget and operating plans and procedures (as they do now); that a City staff member would supervise the Executive Director of the ECVB; and that the day-to-day activities of the ECVB would be done under the direction and control of the board/commission. • It is also the recommendation of the Communications Committee that the membership of the board/commission be restructured as follows: 2 Eagan Chamber of Commerce Appointments 1 City of Eagan Economic Development Commission Appointment 2 Airline Industry Appointments 4 Hotel Industry Appointments 1 Restaurant Industry Appointment 1 Entertainment/Attractions Appointment 2 Corporate Members-at Large Appointments 0 91 Agenda Information Memo October 16, 2001 Eagan City Council Meeting • In order to have the Board of Directors become a commission of the City, it will be necessary for the City Attorney to draft an ordinance amendment for consideration by the Council. • On behalf of the ECVB Board of Directors, Executive Director Ann Carlon has requested a continuation of this agenda item. • The City has also received a number of letters from members of the ECVB Board of Directors expressing their concerns about the proposed changes. ATTACHMENTS: Attached on page UV is a copy of Executive Director Carlon's letter requesting that the agenda item be continued. Attached on pages ~ through alo I are copies of letters and a-mails from members of the Board of Directors. EA LV COhtiE~?IO. &~giTOR BBIIRIC October 10, 2001 wr-n.eagammn.com Nisiteagan@ eagammn.com Tom Hedges City of Fagan 3830 Pilot Knob Rd Eagan, MN 55122 Dear Mr. Hedges; On behalf of the Board of Directors for the Eagan Convention & Visitors Bureau, a continuance is requested for the October 16"' City Council Meeting on the matter of directing the City Attorney to develop an ordinance that would change the ECVB structure. The Board desires more time to educate its members and to understand the ramifications of the proposed changes. A meeting may be in order to coordinate all stakeholders and to develop consensus on a number of issues that affect the goal and mission of the ECVB. The desire to enhance tourism to the City of Eagan is paramount and working towards that goal is the ultimate direction. Sincerely, Ann Carlon, APR Executive Director 19c~ 14_,1 Yankee Doodle Road • Eagan. Minnesota 55121-1801 • Phone 651.452.4188 • Fax 651-452-8978 • 1-800-EAG.9.\-20 MPI FOS _ SGMP M M m October 10, 2001 Tom Hedges City of Eagan 3830 Pilot Knob Road Eagan, MN 55121 Dear Tom, I want to start by affirming how pleased 1 have been to know you through our work on the ECVB board, our time together at Rotary and our interaction during community events. In my eight years in this business community I have considered Eagan a very pleasurable place to do business. The integrity of the city in its relationship with the business community is certainly a credit to you and your staff. In reading your memo to Ann Carlon on the proposed new structure for the ECVB dated October 5, 2001,1 am very concerned with a number of the proposals and upon learning the Communications Committee's intent at such a late date in this process. I feel that these proposals should have been brought to the table at the beginning of the discussions of the EVCB's split from the NDC Chamber of Commerce. I think we must have greater time for the consideration of these proposals and the idea of moving forward with any change to the current structure. To the specific proposal, there are two key issues that concern me most. First is removing the independent non-profit status of the ECVB and placing it as a department of the city. Aside from any possible conflicts in the law, the proposal seems to run counter to the current administrations public declarations on the expansion of government authority into the private sector. While clearly the ECVB is not a free standing business with normal market pressures or direct shareholder responsibilities, I believe the independence of the organization from the City gives it the greatest chance for success and for the benefit of the hospitality industry who's revenues are taxed exclusively to support it existence. Secondly, the proposed makeup of the board will both diminish the ECVB's effectiveness and rob the hotel's from a proper level of representation given the burden placed on our business in direct support of the organization. The number one driver of the tourism industry is the hotel. Hotels rightfully should play the largest role in the governing of the ECVB because of the burden the 3% City tax places on our industry. 1~3 I have long questioned if the ECVB is as effective as a 3% point decrease to our guest's rates might be. The idea of having this additional burden without representation is quite unthinkable. Additionally, the ability of a board dominated by individual with little or no hotel experience guiding the ECVB staff would be disastrous to our industry. In a time of great distress for our industry, placing the most knowledgeable members in a minority position runs contrary to both the business community and Cities needs. I would find it impossible to support any changes to the board that did not leave hotel representatives in the majority. It has been my experience having served for years on the board and for two years as its chair that discussions tightening up requirements for board membership are needed. Yet as proposed, the hotels would not only serve in the minority, they would be subject to a majority of individual representing organizations who have often shown little interest in preparing for or even showing up to meetings. In a fluid business that not only must be responsible to seasonal changes, segmented markets and sudden swings in travel as we have been dealing with since September 11, 2001, putting individuals with little practical skills in the majority will lead to a less useful, less healthy organization and city. I am hopeful that the City will delay hearing this proposal until the ECVB board as a whole has a chance to discuss the issue and determine what support or action needs to be taken. As the General Manager of the areas largest hotel, a hotel currently finishing a $2,000,000.00 investment to provide Eagan with a Four Star property and whose owner and president, Alison Chang was instrumental in founding the ECVB, I would hope to have the chance to be heard in advance of this major shift in policy. Our goals for the City, its business community and residence are clearly the same; I look forward to working together on a future of fairness and success. Respectfully, Todd V. Byhre General Manager, CHA Holiday Inn Select 2700 Pilot Knob Road Eagan, MN 55121 tbyhre@mplsairport.com 6126864662 EPGAN HILTON 493 P02/02 OCT 09 '01 14:41 Hilton Garden Inn October 9, 2001 TO Tom Hedges, Eagan City Administrator FROM ary Highland, General Manager Hilton Garden Inn Eagan Mr. Hedges, It is the desire of the Hilton Garden Inn Eagan that all hotels in the Eagan market, in good standing, be represented on the Board of Directors for the ECVB. As the purpose of this board is to direct the marketing efforts and the expenditure of the tax revenue raised by the hotels, it is only right and correct for each of these hotels to have a voice in the expense of said revenue. I appreciate your efforts in this matter and hope for a resolution that all parties are satisfied with. Thank you. 1975 Rahudiff Court. Eagan, MN 55122 Hotel Direct: +1 651 686 4605 Fax: +1'651686 4662 Reeervatione: wwwN)ton.com or 2-800-HILTONS TO: Tom Hedges FROM: Patricia Rein DATE: October 10, 2001 RE: ECVB Ordinance I have received notification of the proposed changes to the Eagan Convention and Visitors Bureau. I am not familiar with convention bureaus being a separate commission of the city. Thus I don't know the positive or negative ramifications of making this change. I would assume that other current board members have similar questions. For this reason I would like to ask for a continuance on this issue. It would give me a chance to meet with the other board members to discuss these proposed changes. I am an advocate of change but feel this process is moving to quickly. One of my initial concerns is that only four hotel industry appointments would be made. I would prefer that one hotel appointment per tax paying entity would have the right to be a board member. I also have questions regarding the role of the Executive Director. Would this role remain the same? Do all decisions throughout the year need to be approved by the city council? Are you familiar with any other CVB commissioned by their city? I would like the opportunity to talk with them before making any hasty decisions. Tom I look forward to meeting as a board to discuss this proposal. Sincerely, al~C4 9-t-4, Patricia Rein, CHA General Manager HAMPTON INN OF EAGAN (MALL OF AMERICA AREA) 3000 Eagandale Place • Eagan, MN 55121 • (651) 688-3343 • Fax: (651) 688-9949 Owned by DNR VII, Operated by North Central Management, Inc. Under License from Hampton Inn Division iu 10/09/2001 14:17 6516886306 HOLIDAY INN EMPRESS PAGE 01!81 JAA&M DWYL EXPRESS MO7EL(~ltlt7fES Tuesday, October 09, 2001 Tom Hegdes Eagan City Administrator Dear Tome, I am writing in regards to the recent recommendation to decrease the Hotel r entation down to four members on the Eagan CVB Executive Committee. I do not sup rt this approach for many reasons. To begin with, last time I checked the CVB was ded by the Eagan Hotel Lodging tax of 3% of hotel sales. They are not, funded by res uraats or other businesses so I feel the hotel representation should be the greatest weight As a contributor to that fund, I feel it is our right to attend these meetings and contra c,to where these fimds are allocated. I also have a great deal of concern when organizations attempt to tap into these funds, such as Packs and Recreation, use they do not contribute to the fund, nor do I feel they attract people to the Eagan ar It is for the above reason that I feel that as long as a hotel property is in good standing ' the ECVB bylaws, it is their right to attend these important meetings. We are not to attend these meetings, nor are they always convenient but as sole contributors o the fund it is beneficial to all that we am pm---m, Thanks in advance for reconsidering this recommendation! rely, J n Mercord al Manager HOLIDAY INN EXPRESS HOTEL & SL FAGAN - MALL OF AMERICA A 1950 Rahnoliff Court (35E 3 Cliff Road, Exit 93) - Eagan, Minnesota 55122 (651) 581-6268 - FAX (651) 688.6306 - RESERVATIONS (800) 881-529o Page 1 of 1 Ann Carlon From: Tpihe@aol.com Sent: Wednesday, October 10, 20014:00 PM To: hduffy@ci.eagan.mn.us Cc: Ann Carlon Subject: ECVB Mr. Hedges...I would like to respectfully request the discussion of the ECVB City Commission be taken off the agenda for the next city council meeting to allow the current board to discuss the issues surrounding the newly proposed and unexpected make-up of the ECVB board. The process is moving too fast for the current members and since there is no deadline for the implementation there should be no reason this is not removed from the agenda. We certainly appreciated the time you and your staff took with us on Tuesday. I'm hopefully the same concern, patience and professionalism you showed yesterday will allow us the time to discuss the new situation with the Eagan hotel community who is affected by the proposed changes. Thank you. Gary Highland General Manager/Managing Partner Hilton Garden Inn Eagan 651 686 4605 651 686 4662 fax 800 500 4232 tpihe@aol.com hiltoneagan.com 10/10/01 UU-IU-LUUI WtV Ub:5l AM JIAY13xIVUt JU111;J XM14U.)JU41 r UUL/UUL STAYBRIDGE:= October 9, 2001 lagan To: Tom Hedges, Eagan City Administrator From: Jason Hall, General Mmu#w Staybridge Suites Eagan Mr. Hedges: It is our feeling at the Staybridge Suites Eagan that all hotels that are in good standing, be represented on the Board of Directors for the ECVB. The main purposte of the CVB is to lead marketing efforts and ventures for the city, and the expenditure of tax revenue raised by the hotels, it is vital for each of these hotels to have a voice and opinion on how this revenue should be used. I appreciate your efforts in this matter and hope for a resolution that all parties are satisfied with. Thank you Sincerely, Jason Hall General Manager Staybridge Suites Eagan /l Staybildge Suites* by Holiday Inn` 4675 Rahnciiff Road a legan, NN S$122 Telephone 651.994.7810 L: Facsimlle 651.405.9041 Owned by $DSB, LLC. and Operefed by 7briersan Properties, Inc. I Holly Duffy From: Ysibwinn@aol.com Sent: Wednesday, October 10, 2001 5:22 PM To: hduffy@ci.eagan.mn.us.com Subject: Eagan Convention and Visitors bureau Tom Hedges City of Eagan Dear Tom, I am adamantly opposed to the City of Eagan making the ECVB a commission fo the City of Eagan. I believe the city, the chamber and the ECVB board need to meet to discuss what the city's intention are . I wont"t try in an E-mail to outline the number of levels on which I am oppossed to the City of Eagan taking over the operation of non profit organization like the ECVB. I would hope you could pull this item from the next City council agenda and get -ALL the relevant parties together to discuss the issues. Sincerely, Timothy B. Dunn ECVB Board Member D0 1 III Open All Year Hay `dT Slay Rides <40> Horse boardist W Saks Western Store iv Snack Bar Trail Rides Riling Lessons Party Faeilities for All Types of Events Diamond T Ranch, Inc. W Riding Stable Carol Thomas 4889 Pilot Knob Road Eagan, AM 551:2 (651) 454.1484 Fut. (651) 683-8680 To: Tom Hedges RE: Restructuring of ECVB I am requesting a continuance of the ECVB restructuring to have additional information on this change of plans. Only having four hotel representatives on the Board of Directors seems out of balance for a tourism-driven program. As Lodging Taxes must be kept separate and spent according to strict guidelines it seem& unnecessary to add another cumbersome role to the city offices. An an attraction owner I am also concerned that the response time to current trends would suffer as more layers of committees must be involved in decisions. I would be very interested and would make time for any meetings about this situation. IE: Non-profit status; representation; related subjects. Talk to you soon Carol Thomas Diamond T Ranch and Riding Stable a o~ Agenda Information Memo October 16, 2001 Eagan City Council VII. NEW BUSINESS A. PRELIMINARY SUBDIVISION (VERDANT HILLS 3RD ADDITION) - ASPEN CREEK HOMES ACTION TO BE CONSIDERED: To approve a Preliminary Subdivision (Verdant Hills 3rd Addition) to create two single-family lots, on .73 acres located south of Woodland Court and east of Wescott Woodlands in the NE '/4 of Section 14. FACTS: • The site contains an existing single-family dwelling, which was constructed in 1943, and three detached accessory buildings (two sheds and a garage). • Earlier this year, the property owner, Kenneth Greene, requested a Preliminary Subdivision of this same site. That proposal included a Variance to the required 10-foot side yard setback for the existing house. That proposal was denied by the City Council, largely because the width of both lots did not conform to what had previously been shown by Mr. Greene, and because of the setback Variance requested for the existing home from the new lot line. • Because all existing buildings will be removed from the site as a result of this development, the Variance associated with the previous application has been eliminated. • Two new single-family homes are proposed with this development. Both proposed lots are 90 feet in width and satisfy the minimum lot size requirements of the R-1 zoning district. Lot 1 is proposed to be about 17,800 sq. ft. in area and Lot 2 about 14,200 sq. ft. in area. • The subject site lies within Airport Noise Zone 4. Within this area, infill single-family development is conditional. As such, acceptable findings concerning the eight items listed in this report are required to approve this development. • The Advisory Planning Commission held a public hearing on September 25, 2001, and did recommend approval, subject to the conditions in the APC minutes. ATTACHMENTS: September 25, 2001, APC Minutes, pages X throughav Staff Report, pagesie2h'throughc26 00a City of Eagan Advisory Planning Commission Meeting September 25, 2001 DRAFT Page 4 PRELIMINARY SUBDIVISION, ASPEN CREEK HOMES Chair Heyl opened the next public hearing of the evening regarding a Preliminary Subdivision (Verdant Hills 3rd Addition) to create two lots, located on Woodland Court in the NE %4 of Section 14. Planner Dudziak introduced this item and highlighted the information presented in the City Staff's planning report dated September 18, 2001. She noted the background and history. There being no public comment, Chair Heyl closed the Public Hearing and returned the discussion back to the Commission. Chair Heyl discussed the proposal changes such as the previous concerns of a variance and existing buildings being removed. She stated the proposal will now fit better in the neighborhood. Member Huusko moved, Member Segal seconded a motion to approve a request for a Preliminary Subdivision (Verdant Hills 3rd Addition) to create two lots, located on Woodland Court in the NE'/4 of Section 14 subject to the following conditions: 1. The applicant shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al and B 1 2. The property shall be platted. 3. All existing buildings shall be removed from the site prior to final subdivision approval. 4. All well and septic systems within the subdivision shall be abandoned in accordance with City and Dakota County standards prior to final subdivision approval. 5. New houses to be built within Verdant Hills 3rd Addition shall connect to municipal utilities. 6. Architectural designs and construction methods for new construction shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA. This will require an inside noise level reduction of at least 20 dBA. 7. The subdivision shall be subject to a cash park dedication and cash trail dedication for one residential lot. 003 City of Eagan Advisory Planning Commission Meeting DRAFT September 25, 2001 Page 5 8. A cash dedication of $837.00 in lieu of on-site water quality ponding shall be required for this development. 9. Individual Lot Tree Preservation Plans shall be submitted at the time of building/grading permit application for each lot. All voted in favor. ~~Y PLANNING REPORT CITY OF EAGAN REPORT DATE: September 18, 2001 CASE: 14-PS-16-08-01 APPLICANT: Aspen Creek Homes HEARING DATE: September 25, 2001 PROPERTY OWNER: Kenneth Greene PREPARED BY: Pamela Dudziak REQUEST: Preliminary Subdivision APPLICATION DATE: Aug. 15, 2001 (Verdant Hills 3rd Addition) LOCATION: South of Woodland Court and east of Wescott Woodlands (Lot 1, Block 1, Verdant Hills Second Addition) COMPREHENSIVE PLAN: LD, Single Family Residential (0-4 units/acre) ZONING: R-1, Residential Single Family SUMMARY OF REQUEST Aspen Creek Homes is requesting Preliminary Subdivision approval of a two-lot single-family residential subdivision (Verdant Hills P Addition) on property located south of Woodland Court and east of Wescott Woodlands in the NE of Section 14. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. ao~ Planning Report - Verdant Hills 3rd Addition September 25, 2001 Page 2 C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as • fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The Verdant Hills subdivision was approved in August of 1997 and consisted of 12 lots. On July 18, 2000, the City Council approved a Minor Subdivision of former Lot 1, Block 1, of the subdivision into 32,365 and 19,970 square foot lots (Lots 1 and 2, Block 1 Verdant Hills 2nd 1~ C Planning Report - Verdant Hills 3rd Addition September 25, 2001 Page 3 Addition). Lot 1 of the 2°a Addition (the subject site) contains a single-family home and was configured to allow it to be subdivided in the future. Earlier this year, the property owner, Kenneth Greene, requested a Preliminary Subdivision of this same site. That proposal included a Variance to the required 10-foot side yard setback for the existing house. That proposal was denied by the City Council, largely because the width of both lots did not conform with what had previously been shown by Mr. Greene, and because of the setback Variance requested for the existing home from the new lot line. EXISTING CONDITIONS The site contains an existing single-family dwelling, which was constructed in 1943, and three detached accessory buildings (two sheds and a garage). All existing buildings are proposed to be removed from the site as a result of this development. The property is provided street frontage along Woodland Court. SURROUNDING USES The site is surrounded on all sides by single-family residential uses that are zoned R-1, Single Family Residential and designated LD, Low Density Residential (0-4 units/acre). Preliminary Subdivision Compatibility with Surrounding Area - The proposed lots are similar in size to those that presently exist in the area. Lots - Both proposed lots are 90 feet in width. Lot 1 is proposed to be about 17,800 sq. ft. in area and Lot 2 about 14,200 sq. ft. in area. Both of the lots satisfy the minimum lot size requirements of the R-1 zoning district. Setbacks - The R-I zoning district requires minimum setbacks of 30 feet for the front yard, ten feet for the side yard (five feet for a garage), and 15 feet for the rear yard. The new houses to be constructed on the two lots would need to satisfy these setbacks. Densi - A density of 2.7 units/acre has been proposed which is consistent with the density requirements of the Comprehensive Guide Plan land use designation of Low Density Residential, which is 0-4 units per acre. Grading/ Topography - The site is lightly wooded and generally slopes to the south. The two proposed lots will be custom graded at time of building permit. Storm Drainage - No storm sewer modifications or improvements will be necessary to accommodate the proposed development. Planning Report - Verdant Hills 3rd Addition September 25, 2001 Page 4 Utilities - City utility services have been previously stubbed to the two proposed lots. The existing house on Lot 1, Block 1 is currently served by well and sanitary septic systems. All wells and septic systems within the subdivision should be abandoned in accordance with City and Dakota County standards. The two new houses should connect to the municipal utilities. Streets/ Access/ Circulation - Public street access for the development is available from Woodland Court to the north. Airport Noise - The subject site lies within Airport Noise Zone 4. Within this area, infill single- family development is conditional. To approve development in the area, the City needs to make acceptable findings concerning the following: 1. Specific nature of the proposed use, including the extent of outdoor activities. 2. Relationship of the proposed use to other planning considerations, including adjacent land use activities, consistency with overall comprehensive planning and relation to other metropolitan systems. 3. Frequency of exposure of proposed uses to aircraft overflight. 4. Location of proposed use relative to aircraft flight tracks and aircraft on-ground operating and maintenance areas. 5. Location, site design and construction restrictions to be imposed by the community of the proposed use with respect to reduction of exterior to interior noise transmissions and shielding of outdoor activities. 6. Method community will use to inform future occupant of proposed building of potential noise from aircraft operations. 7. Extent to which community restricts the building from having facilities for outdoor activities associated with the use. 8. Distance of proposed use from existing or proposed runways, parallel taxiways or engine run- up areas. With respect to the factual aspects of the findings, the property lies approximately four miles southeast of the nearest runway at the airport, and five miles from the engine maintenance and run- up area. On an annual average at current use levels, approximately half of all arrivals and departures can be expected to use the runways to and from the southeast. Upon completion, approximately one-third of all arrivals and departures are expected to use the north-south runway. At current traffic levels, the airport handles approximately 520,000 operations annually. Because of the relationship of the property to the current departure and arrival procedures and the runway centerlines, a significant portion of the departures and arrivals will track over or near the property. (Issues #3, 4 and 8) While the Stage III airline fleet, federally mandated by the year 2000 and implemented by all commercial operators at MSP, does create less noise per operation than the current fleet, the future net effect of such reductions is not certain. As such, regional policy requires that cities take current ao Planning Report - Verdant Hills 3rd Addition September 25, 2001 Page 5 noise levels into account until such time as reductions in actual noise result in a reduction of the policy contours. As part of its updated Comprehensive Land Use Guide Plan, the City will depict the Metropolitan Council's noise policy contours on its land use and zoning maps. This will serve as notice to future occupants of the potential noise from aircraft operations. (Issue #6) If the City determines that findings concerning these conditions support the approval of this application for in-fill development, architectural designs and construction methods for new construction within the development should incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 65 DNL (based on the inside boundary of the noise zone). This would require an inside noise level reduction of at least 20 dBA (DNL level minus required dBA level). (Issue #5) Tree Preservation - Tree preservation issues will be addressed as part of building permit issuance. Water Oualijy/ etlands - The subject property is located in the City's "E" Drainage District. Similar to other residential developments, additional impervious structures increase stormwater runoff within the City. However, because of the small size of this development, on-site stormwater ponding for water quality purposes is not practical. The 1997 development contract of the first Verdant Hills subdivision required a cash dedication in lieu of on-site ponding for water quality mitigation for all of the original total area and density except Lot 1 (the subject parcel now proposed to be subdivided as Verdant Hills 3rd Addition). Thus, in accordance with the policies and practices of the City since 1990, this proposed development is responsible for a cash dedication equal to the cost of the land and pond volume needed to reduce phosphorus export to undeveloped conditions. Such cash dedication for this type of development on this size of land area is $837.00. There are no jurisdictional wetlands associated with this site. Parks and Trails- A cash park and trail dedication will be required for one residential lot, the net increase in dwelling units resulting from this development. Covenants - The applicant's narrative indicates that the intention is to build two new custom homes "to conform to Verdant Hills Covenants." ao Planning Report - Verdant Hills 3rd Addition September 25, 2001 Page 6 SUMMARY/CONCLUSION The proposed single-family subdivision appears to be consistent in lot size and configuration with other single-family development in the area. The proposed subdivision satisfies the R-1 zoning standards and the standards of the City's subdivision ordinance. As a conditional use within Airport Noise Zone 4, acceptable findings concerning the eight items listed in this report are required to approve this development. ACTION TO BE CONSIDERED To approve a Preliminary Subdivision (Verdant Hills 3d Addition) to create two lots on property located south of Woodland Court and east of Wescott Woodlands in the NE'/. of Section 14. If approved, the following conditions should apply: 1. The applicant shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al and B1 2. The property shall be platted. 3. All existing buildings shall be removed from the site prior to final subdivision approval. 4. All well and septic systems within the subdivision shall be abandoned in accordance with City and Dakota County standards prior to final subdivision approval. 5. New houses to be built within Verdant Hills 3`a Addition shall connect to municipal utilities. 6. Architectural designs and construction methods for new construction shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA. This will require an inside noise level reduction of at least 20 dBA. 7. The subdivision shall be subject to a cash park dedication and cash trail dedication for one residential lot. 8. A cash dedication of $837.00 in lieu of on-site water quality ponding shall be required for this development. 9. Individual Lot Tree Preservation Plans shall be submitted at the time of building/grading permit application for each lot. c? O uo STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. 8. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. a~~ 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. tf any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2. 1993 LTS#5 STANOARO.CON a l C - FINANCIAL OBLIGATION Verdant Bills Third Preliminary Subdivision There are pay-off balances of special assessments totaling $0 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT TOTAL None I~ a Eagan Boundary Street arcel Area Contedino Location Map P Building Footprint e e Subject Site i f irr. ~ o ! c s u e. ~ t `e c ® Cs C~ i~ r a ®p ■ L ti-` n ! 6 ~ ~ ~ LTV ~l. ~ f ~ DI 46 p e ® W a., e• ■ ■ ` l lies \1 T_/lam 11:1 I IiiI61 / 1000 0 1000 2000 Feet Development/Developer. Verdant Hills 3rd Addition Application: Preliminary Subdivlsio Case No.: 14-PS-16-08-01 1 ~f Map Pn and & a f ER31 Am%,% w 7.1. PsmW be" map data , ow N by Dakota Canty Land &w%vy Dap wWwd and is ownm as of fine 2001. 41City of Eagan / THIS MAP IS INTENDED FOR REFERENCE USE ONLY W+E M I N N E S O T A TM City of Eagan and Dakota County do not guarantee the accuracy of this I fol soon and are c-O11""~ b"'tO►"""t fin! not responsible for errors or emissions. 5 III Current Zoning and Comprehensive Guide Plan Land Use Map Verdant Hills 3rd Addition Case No. 14-PS-16-08-01 Zoning Map A FF JZ ' Location V Current Zoning: R-1 Single-Family Residential o F R- • FF C) N• • ~iN l..t ~ ~ Comprehensive Guide Plan Land Use Map LD ND F Location Current Land Use Designation: LD Low Density Residential F LD w. L•es ser Np e.Fru.«r 0401M. N by s.Ye1e ch zr.e i•w..euN ..rer..• by ay Nen. City of Eagan THIS KAF IS INTENDED FOR REFERENCE USE ONLY W E Community Development Department The Cky of Eagan and Dakota County do not guarantee the accuracy of this Information. S O r Ii11i~ e , t 1 ~ k' 1N 1 I _ 11- s ` i+E~ ~I i(! n i i ;l~ Evil i~ 1i,r t;t! I Erj E ;t N II Mi ku Nil I IN ! i 1 ii !~'E f ! t j~~l l~ jI 4 ; ~t 1~t I i' + I tl r.; d !Il ~ ; I~~ tljjl+ 1.E ! {i I( Ik y~ ~ ~ r~ EIEI ~ q J' E r k t. 1, t. lEil ~ @ y l tU ~~I rt{~il~t7 Ili ~,itl ~ C~ ~i 1~ tl ~1 tI,!! t t G ~ e! " $ 0 0 N z s~.l LM O 1r i tg 1f g ' ~ ~ > w Q LU ry e r 7j- do, LLJ f ra .-8 p F I,• - r'L irl F 4 • Z a~b Agenda Information Memo October 2, 2001 Eagan City Council Meeting B, X. REZONING AND PRELIMINARY SUBDIVISION (NICOLS RIDGE) - DELTA DEVELOPMENT ACTION TO BE CONSIDERED: ➢ To approve a Rezoning of approximately 26 acres from Community Shopping Center and Agriculture to Planned Development to allow 269 townhomes located east of Nicols Road and south of Beau d' Rue in the NE I/4 of Section 19, subject to conditions listed in the APC minutes. FACTS: ➢ The proposed townhome development appears consistent with the general area and is consistent with the refined concept plan adopted for Cedar Grove Redevelopment area. ➢ All of the units provide a two enclosed parking stalls. The majority of the units (188) have underground parking of two stalls per unit. There will be interior garage doors on each individual garage and each townhome will have it's own entrance from the garage. ➢ Units range from 1,700 to 1,800 SF. Exterior materials include brick and stucco. In addition to landscaping, the developer has stated that sidewalks will be used extensively and "pocket parks" will be scattered throughout the project. ➢ The developer is also proposing a boundary fence along Beau D' Rue. According to the developer, the fence will be reminiscent of a "Georgian" or "Bostonian" wrought iron fence. Specifically, the preliminary design calls for black steel rails and pickets between brick columns spaced about every 50 feet. ➢ 81 townhomes (in 3 and 4 unit buildings) are located around the perimeter of the site and are designed with a front entry (tuck under) garage and three levels. These units are described as row-type townhomes that utilize the steep hillside. ➢ The APC held a Public Hearing regarding this item on August 28, 2001 and they are recommending approval subject to the conditions listed in the APC minutes. co? / i ISSUES: ➢ Because the developer does not control all of the property within the PD, the associated subdivision cannot be acted upon by the City Council at this time. ➢ If approved, the rezoning will be subject to acquisition/control of all of the property and subject to the Comprehensive Guide Plan Special Area being modified in accordance with the refined Concept Plan for the Cedar Grove Redevelopment, prior to any development on the site. ATTACHMENTS: (2) August 28, 2001 APC Minutes, page 2 through ab!(Ow. Staff Report, pageaa through 'I LZ 7 a Advisory Planning Commission August 28, 2001 Page 11 REZONING & PRELIMINARY SUBDIVISION DELTA DEVELOPMENT, INC. Chair Heyl opened the next public hearing of the evening regarding Rezoning of approximately 26 acres from CSC (Commercial Shopping Center) and A (Agriculture) to PD (Planned Development) and a Preliminary Subdivision /Planned Development (Nicols Ridge) to create 35 lots with 269 townhome units, located on the south side of Beau D' Rue Drive and the east side of Nicols Road in the NE of Section 19. Senior Planner Ridley introduced this item and highlighted the information presented in the City staffs planning report dated August 22, 2001. He noted the background and history. Mr. Ridley stated action should not be taken on the Preliminary Subdivision, however rezoning and land use should be discussed. He stated 3 E should be added regarding the Requirement of a phasing plan. Chair Heyl asked if the proposed property is in the airport noise abatement parameters. Mr. Ridley stated he does not think the property is in the airport noise abatement parameters, however he will verify before the City Council meeting. Member Segal stated without the final decision of the City Council regarding the TIF plan, the proposed is difficult to approve. Mr. Ridley stated the Commission is considering the townhome use and density for this area. He also stated the proposal is in conformance the Refined Concept Plan for Cedar Grove. Mark Parranto, 3902 Cedarvale Drive, discussed the proposed 188 row style condominiums that are constructed like a townhome. He stated 81 additional townhomes are located on the property. He discussed elevation of the property. He stated the center of site is one style of homes and the outside of the property is another style of homes. He discussed park areas, guest parking, walking paths, hillside green space, construction phasing, building materials, garage facilities, fire protection building materials, the interior design and layout of each building and the price ranges of each model. Mr. Gordor stated Beau D' Rue Drive is scheduled for improvements in the fall of 2002. Steve Walrick, discussed density and compatibility issues with the adjacent properties. He displayed maps of increasing density developments that were proposed in this area over past years. He stated the proposals were denied because the proposed developments were too dense. He stated the current development proposal is far denser than the previous proposals. He discussed negative comments from previous Council members 0~ t 1 Advisory Planning Commission August 28, 2001 Page 12 on density much less than this. He discussed airport noise factors. He stated he supports development and redevelopment, but not this density. Doris Dahline discussed the unknown boundaries of the TIF district. She discussed airport noise issues, increased traffic on Beau D' Rue Drive and additional issues with traffic. Angela Smith commented on the proposed rezoning. She discussed airport and train noises heard from her home. She stated the buffer area is a nice noise buffer for her home. She discussed storm drainage and flooding possibilities with the increased amounts of homes. She further discussed concerns with the increased amount of traffic. There being no further public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Mr. Gordor stated a traffic feasibility study has been completed with the intersection improvements of Highway 13, Beau D' Rue Drive and Silverbell Road. He stated a collector street can accommodate approximately 10,000 trips/day and that Beau D' Rue presently carries about 5,000 to 6,000 cars per day. He stated the storm drainage would be adequate and will be considered when developing, and the over flowage of water would head northwest. Mr. Ridley discussed airport noise abatement areas. He stated the City will review what noise perimeter this property falls into. He stated the developer will be required to adjust accordingly. Mr. Parranto discussed material that is used to prevent noise penetration. He discussed sound assessments. Chair Heyl questioned how much of the land is zoned agriculture and how much is zoned Commercial Shopping Center. Mr. Parranto stated that the City's map and his map differ a bit. He stated the original map stated everything other than Outlot A is zoned Commercial Shopping Center, and everything on Outlot A is zoned Agriculture. He stated the current map shows a large portion that was the millwork barn zoned A. He stated there is currently a warehouse and a junkyard located on the property. He discussed surrounding businesses including a junkyard, warehouse auction facility and a small electrical company. Member Nosbush questioned the amount of green space on the property. Mr. Parranto stated there is 38% green space on the property. Chair Heyl questioned the landscaping plan for the area that faces the zoned R-1 property. a~~ Advisory Planning Commission August 28, 2001 Page 13 Mr. Parranto discussed the landscaping plan. Mr. Ridley responded to a question by stating the Park and Recreation Commission is recommending a cash park and trail donation. Member Hunter stated he is not opposed to the concept of the project and the increase amounts of traffic, however he is opposed to using TIF funds for a high priced housing development. He stated he will vote against the proposal. Member Nosbush questioned if the Staff is comfortable with the number of guest parking spaces allotted on the proposal. Mr. Ridley stated that while the City Code does not specify requirements for guest parking, generally speaking, the amount of guest parking may be adequate. Member Kaess stated the process seems backwards. He stated the rezoning is based on a proposal from a developer that does not own the land. He stated that he will vote against the proposal. Member Huusko stated the area will be loading an excessive amount of traffic onto the road. He expressed concern with not being able to view the entire development. He stated the Park and Recreation Department should request parkland from the developer. Mr. Ridley stated according to the Code, the developer is required to provide a certain amount of land towards parkland. Member Bendt stated the area is going to stand out when traveling over the bridge. He discussed issues with density on the unknown parcel, on the other side of Beau D' Rue Drive. Member Segal stated problems with increased density. He stated he agrees with Member Hunter in regards to the TIF funds being used for high priced housing when the funds are needed for lower income housing. He stated he will vote against the proposal. Chair Heyl stated she voted against the TIF project because of the lack of affordable housing. She stated the issue is the land use. She discussed a need for park and recreation areas. She further expressed concern with the increase amount of traffic. She stated the landscaping plan is good with regards to the tree conservation. She stated the area is good for townhouses. She stated the project has good merit, but needs to be less dense. She stated a need for more guest parking spaces. She stated she is not opposed to townhomes, however she will vote against this proposal. Member Segal moved, Member Huusko seconded a motion to deny Rezoning of approximately 26 acres from CSC (Commercial Shopping Center) and A (Agriculture) to PD (Planned Development) and a Preliminary Subdivision /Planned Development a~~ Advisory Planning Commission August 28, 2001 Page 14 (Nicols Ridge) to create 35 lots with 269 townhome units, located on the south side of Beau D' Rue Drive and the east side of Nicols Road in the NE of Section 19. Aye: Hunter, Huusko, Heyl, Segal, Bendt, and Nosbush Nay: Kaess PLANNING REPORT CITY OF EAGAN REPORT DATE: August 22, 2001 CASE: 19-PS-14-07-01 APPLICANT: Delta Development HEARING DATE: August 28, 2001 PROPERTY OWNER: Multiple Owners APPLICATION DATE: 7-18-01 REQUEST: Preliminary Subd/Planned Dev PREPARED BY: Michael J. Ridley LOCATION: 3960 Beau D' Rue COMPREHENSIVE PLAN: Special Area, (SA) ZONING: Community Shopping Center, Agriculture (CSC), (A) SUMMARY OF REQUEST Delta Development is requesting approval of a Rezoning from Community Shopping Center and Agriculture to Planned Development to allow a 269 unit townhome development and a Preliminary Subdivision (Nicols Ridge) to create 35 lots on approximately 26 acres located on the south side of Beau D' Rue Drive from the Cedarvale Highlands to Nicols Road, generally in the NE '/o of Section 19. AUTHORITY FOR REVIEW City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. a~3 Planning Report - Nicols Ridge August 28, 2001 Page 2 of 7 D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." Planned Development: Chapter 11.20, Subd. 8, B., Determination, states: "In considering any petition for such district, the Planning Commission and the Council in the interests of carrying out the intent and purpose of this Subdivision, shall determine whether or not such planned development will: (1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than does development of the underlying zoning district; as Planning Report - Nicols Ridge August 28, 2001 Page 3 of 7 (2) be feasible for the owner and developer economically to complete according to proposed plans; (3) benefit the community at large to a greater degree than would development of the underlying zoning district." BACKGROUNWHISTORY According to the applicant, the subject area or neighborhood was originally developed from two old commercial buildings, several houses and a dairy farm. Due to the uses occurring on portions of the site over the years, there have been zoning conformance issues off and on. There has been previous residential development proposals for the property within the past 10 years however, those were either denied or never progressed to the City Council for formal action. EXISTING CONDITIONS The vast majority of the site is underutilized and rather unkempt. The buildings located in the main or northern portion of the site are older and it does not appear a lot of maintenance has occurred. This portion of the site is characterized by unpaved drive aisles and dirt parking areas. Some of the businesses in these buildings represent non-conforming uses due to the zoning of the property. Other buildings to the south, along Beau D' Rue, are well maintained and house conforming uses. The total site contains a number of existing buildings/uses that include a junkyard/salvage operation, a building materials auction house, a few of single family homes - one used as a home, one as an electricians warehouse and office, one home (and outbuildings) used by a soil testing company, and a home converted to a veterinarian clinic, and a former commercial building currently used as an office. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Cedarvale Mall, etc.; zoned CSC and guided SA. South - Single Family; zoned R-land guided Low Density (LD). East - Cedarvale Highlands and apartments; zoned CSC/R-4 and guided SA and HD. West - Nicols Road/Cedar Freeway EVALUATION OF REQUEST Project Description - 188 Village Homes and 81 Townhomes. The 81 townhomes (in 3 and 4 unit buildings) are located around the perimeter of the site and are designed with a front entry as a Planning Report - Nicols Ridge August 28, 2001 Page 4 of 7 (tuck under) garage and three levels. These units are described as row-type townhomes that utilize the steep hillside. Each unit has over 1,800 SF and a two stall garage. The 188 Village Homes will be over 1,700 SF in area and are located in the widest portion of the site and are described as reminiscent of "classic row houses". All of the units have underground parking of two stalls per unit. There will be interior garage doors on each individual garage and each townhome will have it's own entrance from the garage. Exterior materials include brick and stucco. In addition to landscaping, the developer has stated that sidewalks will be used extensively and "pocket parks" will be scattered throughout the project. In addition, the developer is proposing a boundary fence along Beau D' Rue. According to the developer, the fence will be reminiscent of a "Georgian" or "Bostonian" wrought iron fence. Specifically, the preliminary design calls for black steel rails and pickets between brick columns spaced about every 50 feet. Compatibility with Surrounding Area - The proposed townhome development appears consistent with the general area and is consistent with the refined concept plan adopted for Cedar Grove Redevelopment area. Density - The gross density of the proposal is 10.3 u/ac, (269 units/26 acres). Lots - The proposal calls for 35 lots (34 individual building lots and 1 lot for common area). Only the common lot has access to a public street (Beau D' Rue) which is typical for a townhome development. Setbacks - The developer is proposing private streets throughout the development. As such, front setbacks range from 25' (on a through private street) to 20' (on a dead-end private street). It appears these setbacks are met. Setback between townhome buildings is typically 30'. Lesser setbacks can be accommodated via the PD zoning. The plans show setbacks ranging from 16' in one instance to 53' in another. The average setback between buildings appears to be in the range of 25-30'. Parking - While the City Code doesn't presently have a requirement for `guest parking' for townhome or apartment projects, staff still reviews the amount of overflow parking provided. The developer is proposing 49 additional parking stalls. This provides one additional off-street stall for every 5.5 units within the development. Landscaping - The Landscape Plan appears to be adequate in providing an ample amount of landscape material and a good variety in the foundation plantings and throughout the site. Grading/Storm Drainage - The preliminary grading plan is acceptable. The site has large variations in topography with several moderate to steep slopes. The site generally slopes toward a~ Planning Report - Nicols Ridge August 28, 2001 Page 5 of 7 Beau-D-Rue Drive to the north. Elevations on the site range from approximately 810 at Beau-D- Rue to 860 along the east and south edges of the parcel, resulting in an overall elevation change of 50 feet. The proposed townhomes along the east and south edges of the parcel will be approximately 20 to 30 feet below the existing adjacent Cedar Grove area homes. The preliminary storm drainage plan is acceptable. Storm water runoff from the development will drain via storm sewer to a proposed pond near Beau-D-Rue. The pond will flow north to existing storm sewer in Beau-D-Rue and will be designed to control rates of storm water runoff to pre-development rates Wetlands/Water Quality - There are no jurisdictional wetlands associated with this site. This 26.5-acre development is proposed to be located in the City's A-watershed, and would not be associated with any priority water body, according to the City's water quality management plan. Because of the size of this development and the extent of its impervious cover, stormwater would need to be treated on-site to meet the City's water quality requirements. To meet the water quality requirements of the City, the developer proposes to direct runoff from 22.1 acres of the site to a treatment pond, which would be constructed in the north-central portion of the parcel. Stormwater from the remaining 4.4 acres of the site is proposed to drain into the existing stormwater system through off-site runoff. The required volume and area of water quality treatment ponds are based on the impervious proportion of proposed developments (i.e., land covered by buildings, parking lots, driveways, and walks). With an impervious proportion of 40 percent, a minimum wet-pond volume of 2.07 acre-feet covering a minimum area of 0.63 acres would be needed to treat the stormwater generated by 22.1 acres of the development. The pond would need a maximum depth of six feet and a 10:1 aquatic bench beginning at the normal water level. The outlet structure of the pond would need to be consistent with City of Eagan standards. A cash dedication in lieu of ponding would be required for stormwater draining from the other 4.4 acres of the development. Utilities - The preliminary utility plan is acceptable. Existing sanitary sewer within Beau-D-Rue of sufficient size, depth and capacity is available for connection by the development. Existing water main within Beau-D-Rue is also available for connection by this development. Access/Street Design - The development is proposed to be served internally with private streets with public street access to Beau-D-Rue at three locations. Beau-D-Rue is currently a 44-foot wide, 4-lane street scheduled in the City 5-Year Capital Improvement Plan (2002-2006 CIP) for reconstruction in 2002. The planned street reconstruction will include the installation of a center landscaped median, and sidewalks and trails to accommodate pedestrian traffic. At the neighborhood meetings for previous development proposals on this property, adjacent residents expressed their concern about the potential added traffic congestion development would cause at the Beau-D-Rue/ Silver Bell Road/ Highway 13 intersections. A City project (Project 800) providing for the re-alignment and modifications (including a traffic signal) to the Beau-D- i Planning Report - Nicols Ridge August 28, 2001 Page 6 of 7 Rue/ Silver Bell Road/ Cedarvale Boulevard intersection near Highway 13 to help alleviate traffic congestion in the area has been approved by the City Council and is also scheduled for construction in 2002. Easements/Rights of Way/ Permits - A 100-foot wide Excel Energy gas pipeline easement runs east to west through the south portion of the site. The developer will have to comply with any regulations Excel Energy requires for construction and grading within their easement. Tree Preservation - The development as proposed will result in the removal of two-hundred one (201) significant trees (62.0 % of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, multiple- lot, multiple-unit residential) is set at 47.5% of the total significant trees. With a proposed removal more than the allowable amount, there will be required tree mitigation for this proposal. This required tree mitigation calculates to one hundred sixty-two (162) category B trees (or an equivalent combination of category A and category C trees). Parks and Recreation - The developer should be responsible for a cash park land and trail dedication. SUMMARY/CONCLUSION ACTION TO BE CONSIDERED A. To recommend approval of a Rezoning from Community Shopping Center and Agriculture to Planned Development to allow a 269 unit townhome development subject to the conditions listed below: If approved, the following conditions should apply: 1. The property shall receive final subdivision approval prior to building permit issuance. 2. The applicant and/or developer shall enter into a Preliminary and Final Planned Development Agreement with the City. 3. The following exhibits are required for the Planned Development Agreement: A. Final Site Plan B. Final Landscape Plan C. Final Building Elevations and Signage Plan D. Retaining wall and boundary fence detail plan. a~ ~ Planning Report - Nicols Ridge August 28, 2001 Page 7 of 7 4. All trash handling and recycling receptacles shall be located indoors. 5. All site signage shall comply with applicable provisions of the City Sign Ordinance. 8. All on-site street lighting shall be hooded and directed to deflect light away from adjacent properties. B. To recommend approval of a Preliminary Subdivision (Nicols Ridge) to create 35 lots on approximately 26 acres located on the south side of Beau D' Rue Drive from the Cedarvale Highlands to Nicols Road, generally in the NE of Section 19. If approved, the following conditions should apply: Standard Conditions 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: Al B3, 4 Cl, 2,4 D1 E1 2. The property shall be platted. 3. Due to the size of this development and the extent of its impervious cover, stormwater would need to be treated on-site to meet the City's water quality requirements. 4. A cash dedication in lieu of ponding would be required for stormwater draining from the other 4.4 acres of the development. 5. A revised tree preservation plan shall be submitted with correctly placed tree protection fencing. 6 Tree protection fencing shall be placed at the drip-line or at the perimeter of the critical root zone, whichever is greater, of significant trees to be preserved. 7. The developer shall be responsible for a cash parks and trails dedication. as STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. C~3 0 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 LTSAS STANOARO.CON a3~ FINANCIAL OBLIGATION Nicols Ridge Preliminary Subdivision There are pay-off balances of special assessments totaling $364 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are pending assessments that total $642,559 on the parcels proposed for platting. The pending assessments are related to Project 800, the project for the reconstruction Silver Bell Road, Beau De Rue Dr. T.H. 13 Intersections. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT Sanitary Sewer Trunk MF $925/Lot 21 Lots $19,425 Water Trunk MF 965/lot 21 Lots 20,265 Storm Sewer Trunk NIF .022/ Sq. Ft. 186,872 Sq. Ft. 4,111 Total $43,801 o?3 a Eagan Boundary Street arcNACont reaedine Location Map ~IP Building Footprint -T 4C ~s ► : ,rte ~ ~ ~ ~ + . ` ~ J t Sub ect Site r S AM% ® s 9 Fin, 3 _ 9 Q d'/ a B 1 i 1 e _ a 664- e t^ e a rJ y" - 3 •1 t ~ J 1y 4 - _ ~y 4r ~ ~ 7 •5 n J ~ ~ or - D 1000 0 1000 2000 Feet Development/Developer. Nicols Ridge-Delta Development, Inc. Application: Prelim. Subdivision, Rezoning, Prelim. PD. Case No.: 19-PS-1407-01, 19-RZ-10-07-01, 19-PD-0407-01 Map Prsparod ui ER w 7.1. m mop data provi N by Dakota County nd Sutvo pa nd ' nt as of Juno 01. City of Eagan THIS MAP IN LADED NCE U ONLY w E M i N N E 5 0 T a The City of Eagan and Dakota Cou do not guarantee the racy of this Information and are S C rt ty D•va.prna I Department not respo • missions. I Current Zoning and Comprehensive Guide Plan Nicois Ridge Land Use Map Case No. 19-PS-1407-01, etc. Zoning Map Mp. G C P B Current Zoning: ® csc CSC - Community Shopping Center R-1 - Single Family Residential PF A - Agriculture sC A R C R-1 177-1 F Asa o am uoa pm 1 / 1~ lrTT'1T Comprehensive Guide Plan Land Use Map SA A L P SA Current Land Use Designation: DP SA Special Area HD sA D L oee o om »oo r..t rwcN r.. -P Hon ~iy, . Cana 0"1191. N s..rh N.a Cnr e. City of Eagan W F THIS AP 1 ENDED FOR REF CE USE ONLY Community Development Department The City of Eagan and Da County do rantee the accuracy of this Information. 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FACTS: ➢ Based on issues raised at a Council Listening Session earlier this year, the City Council directed staff to prepare an ordinance amendment for the purposes of clarifying the definition of "firewood" and to clarify fences as being subject to established Property Maintenance regulations. ➢ City staff met with the Council's Public Works Committee (Bakken & Fields) to discuss the zoning issues and direction was given to proceed with the preparation of the amendment. ➢ These changes necessitate an amendment to Chapter 11 to revise the definition of the term "fence". Amendments to Chapter 11 require a Public Hearing before the APC. This hearing will be scheduled shortly. ATTACHMENTS: (2) ^ Draft Ordinance Amendment to Chapter 10, page d Tb through 28' u p August 30, 2001 staff memo reviewed by Public Works Committee, page c? % ass ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY AMENDING SECTION 10.53 REGARDING BUILDING SAFETY AND APPEARANCE REGULATIONS FOR FENCES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Ten is hereby amended by changing the section title for Section 10.53 to read as follows: Sec. 10.53. Building and Structure Safety and Appearance Regulations. Section 2. Eagan City Code Chapter Ten is hereby amended by changing Section 10.53, Subd. 1, in part, to read as follows: Subd. 1. Building and Structure Appearance and Maintenance Requirements. B. Any fence is a public nuisance if it does not comply with the following requirements: 1. The fence shall be firmly fastened and anchored in order that it is not leaning or otherwise in the stage of collapse. 2. The fence shall be maintained in sound and good repair and free from deterioration, loose or rotting pieces, or holes, breaks, or gaps not otherwise intended in the original design of the fence. The fence shall be free from an y defects or condition which makes the fence hazardous. 3. All exterior wood surfaces of any fence, other than decay resistant woods, shall be protected from the elements by paint or other protective surface covering or treatment, which shall be maintained in good repair to provide the intended protection from the elements. 4. No fence section shall have peeling, cracked, chipped or otherwise deteriorated surface finish, including but not limited to: paint or other protective covering or treatment, on more than twenty percent (20%) of any one linear ten-foot (10') section of the fence. c~2 UA For purposes of this section, "fence" means any structure, wall, or gate erected as a permanent dividing marker, partition, visual or physical barrier, or enclosure, excluding any permitted temporary fence as regulated in the zoning regulations of this Code, within a parcel of land regardless if the parcel is platted or unplatted. Section 3. Eagan City Code Chapter Ten is hereby amended by changing Section 10.53, Subd. 3 to read as follows: Subd. 3. Firewood storage. 467 A. The term firewood shall mean split wood or unsplit wood logs cut into lengths not exceeding three feet for the purpose of burning for a fireplace or a recreational fire on the property. B. Firewood shall be kept or stored outdoors in accordance with the following requirements. Al. Weed firewood shall be stored or kept in neat and secure stacks (maximum of four stacks), each of which shall be no higher than five feet, with the combined wood firewood stacks not exceeding a volume equal to five feet high by ten feet wide by 20 feet long. The weed firewood stacks shall be elevated at least three and one-half inches above grade. 92. Unless screened by a solid fence or wall, stacks shall not be closer than five feet to the property line. Q. The weed firewood stacks shall not be infested with rats, rodents, vermin, or insects. D4. The weed firewood shall not be stored in the front yard or yard that is commonly considered the front yard of any lot. €5. Fallen, uncut, trees may be stored for up to 30 days. 1?6. The firewood shall be located no closer than widlin five feet e€ to an inhabited building or structure. For purposes of this subdivision, an attached or detached garage shall not be considered an inhabited building or structure. Section 4. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation"' and Section 10.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. a~~ Section 5. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Karels By: Patricia E. Awada Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: city of eagan MEMO TO: Mike Ridley, Senior City Planner FROM: Mary Granley, Code Enforcement Technician DATE: August 30, 2001 SUBJECT: Fence Maintenance Ordinance Standards The current definition of fence is: Fence, f r- the pufpese of this ehapt°f, means any partition, hedge, structure, wall or gate erected as a dividing marker, visual or physical barrier, or enclosure and located along the boundary or within the required yard. A f°^^e : of six feet in height ..hal -ke e suer-°a ^ struet e This definition has been approved by the Council but has not been published or codified as yet. We would like the Public Works Committee to consider the following code changes regarding fence maintenance and construction: Utilizing the Property Maintenance Code: • Add fences to the property maintenance code. Create an item number 14 pertaining directly to fence maintenance. Example: Every fence shall be firmly fastened and shall be maintained in sound and good repair and free from deterioration, holes, breaks, gaps, or loose or rotting components or defects which make it hazardous or unsightly. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Every exterior surface shall be maintained to avoid noticeable deterioration of the finish. No fence section or other exterior surface shall have peeling, cracked, chipped, or otherwise deteriorated surface finish on more than 20 percent of any one section or other surface. Definitions: • Add firewood to the definitions. This would prevent the use of what a person would normally consider firewood being classified as a fence, and exclude categorizing refuse building materials as firewood. Example: Firewood means split wood or unsplit wood logs cut into lengths and stacked and stored parallel to the ground in a row or rows as permitted under section 10.53 Subd. 3. • The zoning definition for structure states that "structures include but are not limited to ...fences over six (6) feet in height..." This would need to be changed should we choose to create a property maintenance code for fences. a~9 Agenda Information Memo October 16, 2001 Eagan City Council Meeting D. ORDINANCE AMENDMENT - AN ORDINANCE AMENDING EAGAN CITY CODE CHAPTER FOUR ENTITLED "CONSTRUCTION LICENSING, PERMITS AND REGULATION" BY AMENDING SECTION 4.20, SUBD. 3(H) REGARDING GENERAL SIGN STANDARDS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 4.99 ACTION TO BE CONSIDERED: To adopt an ordinance amending Eagan City Code Chapter Four by amending Section 4.20, Subd. 3(H); and by adopting by reference Eagan City Code Chapter 1 and Section 4.99. Information regarding this item will follow on Monday, October 15, in the Additional Information packet. io Agenda Information Memo October 16, 2001 Eagan City Council Meeting LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE A. REVIEW OF AMM LEGISLATIVE POLICIES ACTION TO BE CONSIDERED: To review and give staff direction regarding the proposed 2002 AMM Legislative Policies. FACTS: • The Association of Metropolitan Municipalities met with its committees this summer to draft policy positions for the 2002 legislative session. • Staff has had an opportunity to review the proposed policy positions and is prepared to comment or answer questions. • AMM will host the policy adoption conference on Thursday, November 1 at 5:00 p.m. ATTACHMENT: • Attached without page number is the draft policy document of the 2002 AMM Legislative Policies. C; QP Association of Metropolitan Municipalities October 5, 2001 Dear AMM Member: Enclosed you will find AMM's draft policies for 2002, as recommended by our four policy committees. The Board of Directors reviewed these policies at their October 4 meeting and is recommending their approval with two changes. • The first change is to policy III-H, titled "Inclusionary Housing Study," on page 11 of the policy packet. The Board is recommending that the last bulleted statement be deleted, and that the policy conclude with the statement, "The AMM opposes adoption of a mandated inclusionary housing law." • The second change is to policy V-D, titled "Transportation Utility," on page 26 of the policy packet. The Board is recommending that the word "maintenance" be replaced with the word "construction." A notice of our annual Policy Adoption Meeting, which will be held Thursday, November 1, beginning at 5 p.m., at the League of Minnesota Cities building, is also enclosed. We hope you will join us and participate in this important discussion about AMM's policy positions and priorities for the 2002 legislative session. At the end of the policy packet is a listing of the individuals that served on each of the four policy committees, which developed the enclosed policies. Please feel free to contact committee members from your city, as well as AMM staff, prior to the Policy Adoption Meeting, if you have any questions or concerns regarding the proposed policies. Sincerely, Gene Ranieri Executive Director 145 University Avenue West Saint Paul, Minnesota 55103-2044 Telephone: (651) 215-4000 Fax: (651) 281-1299 E-mail. • amm@amml45.org i it i L January 2002 DRAFT • • Lealsiative P 0 L I C I E S Association of Metropolitan Municipalities 145 University Ave. W. ♦ St. Paul, Minnesota 55103-2044 Phone: (651) 215-4000 ♦ Fax: (651) 281-1299 E-mail.amm@amm14S.org f ~4*W_ Printed on recycled paper Table of Contents Municipal Revenue & Taxation (1) -A Levy Limits 1 I-B Local Government Aid 1 I-C Sales Tax on Local Government Purchases 1 -D Price of Government 2 -E Fiscal Disparity Fund Distribution 2 I-F Personal Property Taxation: Electric Utility 2 I-G Revenue Diversification 2 I-I-I Class Rate Tax System 2 N Limited Market Value 2 W City Revenue Stability & Fund Balance 3 I-K Public Employees' Retirement Association (PERA) Under-Funding 3 General Legislation II-A Mandates & Local Authority 5 II-B Public Right-of-Way 5 II-C 911 Telephone Tax 5 II-D 800 MHz Radio System 5 II-E Permit Approval: Zoning/Denial Findings 6 IW PERA Opt-in for City Managers 6 Housing & Economic Development (III) IIhA Livable Communities Act 7 Ill-B Federal Housing Policy 8 III-C State Housing Policy 8 III-D Local Authority 9 Ili-E Homelessness 9 111-F Family & Elderly Housing 10 III-G Community Housing Land Trusts 10 III-H Inclusionary Housing Study ..............................................................................11 IIN Economic Development Responsibilities .........................................................11 IIW Tax Increment Financing (TIF) 12 III-K State Role in Redevelopment/Reinvestment 12 III-L "This Old Shop„ 13 III-M Group Homes 13 2002 Legislative Policies i Contents Metropolitan Agencies (IV) IV-A Purpose of Metropolitan Governance 15 IV-13 Regionally Provided Services: Funding 16 IV-C Regional Systems 16 IV-D Coordination of Local & Regional Plans 16 IV-E, Collar Counties ...............................................................................................17 N-F Growth Management Strategy 18 IV-G Natural Resource Protection 18 IV-H Local Plan Implementation 19 IV-1 Metropolitan Council Focus on Planning 19 IV-J Budget Process & Work Program Evaluation 19 IV-K Criteria for Extension of Metropolitan Governance Authority 20 lV-L Restructuring of Metropolitan Agencies 20 IV--M Metropolitan Council: Method to Select Members 21 N-N Parks & Open Space: Operation & Maintenance Capital Funding 22 IV-0 Surface & Groundwater Water Management 22 IV-P Sale of Lawn Fertilizers Containing Phosphorus 23 N-Q Water Supply ..................................................................................•...............23 N/--R Regional Wastewater (Sewer) Treatment System 24 IV -S Waste Stream Management 24 Transportation (V) V-A Transportation Funding 25 V-B Regional Transit System 25 V-C Road Access Fee 26 V-D Transportation Utility 26 V-E Highway Tumbacks & Funding 26 V-F '3C' Transportation Planning Process: Elected Officials Role 26 V-G Motion Imaging Recording System (M.I.R.S.): Traffic Law Compliance 27 V-H Airport Noise Mitigation 27 V-1 Traffic Control Devices (MN/DOT Administrative) 27 V-J Cities Under 5,000 Population 28 V-K County State Aid Highway (CSAH) Distribution Formula 28 Committee Rosters Housing and Economic Development Policy Committee 29 Metropolitan Agencies Policy Committee 29 Municipal Revenue Policy Committee 30 Transportation and General Government Policy Committee 31 ii Association of Metropolitan Municipalities III Municipal Revenue & Taxation (1) I-A Levy Limits The AMM strongly opposes levy limits and urges the legislature to discontinue them for 2003 or at a minimum not re-enact them for 2004 and beyond. The AMM also opposes the imposition of artificial mechanisms such as valuation freezes, payroll freezes, reverse referenda, super majority requirements for levy, or other limitations to the local government budget and taxing process. 1-13 Local Government Aid (LGA) AMM supports the continuation of Local Government Aid (LGA), which provides for revenue sharing between cities and the state, compensates cities for the cost of carrying-out state mandates and helps provide all Minnesotans with an adequate level of basic public services at a reasonable cost However, the program should be revised so that: ♦ the formula is simpler and easier to understand and communicate; ♦ the formula better reflects city "need," and utilizes more reasonable need/ability-to-pay criteria; ♦ a portion of the funds are distributed on a per capita basis; ♦ there is an established mechanism by which the total amount of money appropriated for LGA grows with inflation and the economy. Given the fact that the 2001 Omnibus Tax Bill increased the appropriation for LGA by $140 million, no city should have received less LGA in 2002 than they did in 2001. Therefore, if the Legislature elects not to undertake an in-depth review and updating of the LGA formula during the 2002 session, it • should, at the very least, return those cities that lost LGA to their 2001 LGA levels. This will cost less than $4 million, which could be appropriated from the $14 million LGA reform account created by the 2001 Legislature. I-C Sales Tax on Local Government Purchases The legislature should reinstate the sales tax exemption for all local government purchases without requiring a reduction in other aids. 2002 Legislative Policies 1 r Revenue & Taxation I-D Price of Government The price of government calculation in regard to local governments should be based on (1) changes in the sum of the levy and state aids, and (2) examination of long-term trends, not single year events. In addition, consideration should be given to service provision transfers between governmental units, increased demand for services by citizens and legislative mandates or tax rate changes. I-E Fiscal Disparity Fund Distribution The AMM opposes the use of fiscal disparities to fund social or physical metropolitan programs since it results in a metropolitan-wide property tax increase hidden from the public. I-F Personal Property Taxation: Electric Utility The AMM opposes proposals for exempting the Investor Owned Utilities (IOUs) from the personal property tax. Under no circumstances should local units of government and their taxpayers be required to shoulder the burdens of tax relief for IOUs. The personal property tax is a significant portion ofthe metropolitan fiscal disparity pool and, if elimi- nated, would have a metropolitan-wide property tax impact I-G Revenue Diversification The AMM supports revenue diversification for cities to reduce the reliance on local property taxes. The AMM opposes legislated reduction or limitation on various license fees, development fees, or other general fees which would force increased property tax to pay for related services. 1-H Class Rate Tax System The AMM opposes a change from the class rate tax system to a market value system, which would cause tremendous shifts of tax burden between classes of property, or applying future levy increases to market value, since this would further complicate the property tax system. la Limited Market Value The AMM strongly opposes extension of artificial limits in valuing property at market for taxation purposes since such limitation shifts taxes to other properties and similar new properties will pay pro- portionately higher taxes. The legislature implemented a six-year phase out of limited market value on 2 Association of Metropolitan Municipalities III Revenue & Taxation homestead property in the 2001 tax bill, which the AMM suggests be shortened to three years. The AMM believes that enhanced targeting for special circumstances such as low-income persons better serves the tax system. W City Revenue Stability & Fund Balance The legislature should not attempt to control or restrict city fund balances. These funds are necessary to maintain fiscal viability to meet unexpected or emergency resource needs of city governments, to purchase capital goods and infrastructure, provide adequate cash flow and to maintain high-level bond ratings. I-K Public Employees' Retirement Association (PERA) Under-Funding Although the 2001 legislature increased employer and employee contributions by.35 percent each, made some administrative changes in qualification, and extended the amortization period from 20 to 30 years, there is still a significant funding deficiency in PERA. In addition to further employer/employee contributions, the legislature should consider the following alternatives. ♦ Supply PERA with state aid funded from TRA and MSRS sufficiency's as was done in 1984 for TRA from PERA and MSRS. ♦ Allow former employees to take refunds enhanced by a portion of employer contributions. ♦ Reduce guaranteed interest for deferred members' benefits. ♦ Increase vesting from three to five years. ♦ Restructure the POST fund by combining assets with the current fund, redirect some of POST fund earnings to active funds, pay excess mortality costs from POST rather than active funds, and extend investment returns over a 10-year rather than 5-year period. 2002 Legislative Policies 3 I Revenue & Taxation 4 Association of Metropolitan Municipalities III General Legislation 11-1 Mandates & Local Authority The AMM opposes statutory changes which erode local control and authority or create mandated additional tasks requiring new or added local costs without a corresponding state appropriation or funding mechanism. New unfunded mandates cause increased property taxes which impedes the ability to fund traditional service needs. II-B Public Right-of-Way The AMM supports the continued effort of the League of Minnesota Cities (LMQ to protect the authority of cities to maintain jurisdiction over municipal public rights-of-way, to establish relevant criteria and to obtain reasonable compensation for its degradation and to retain franchise and fee collection authority for gas, electric and cable services. 11-C 911 Telephone Tax The AMM supports an increase in the current 27 cents per phone line 911 access fee to provide necessary and mandated upgrades and modifications to 911 systems in public safety answering point (PSAP) locations throughout the state. This fee increase is needed to maintain reliable emergency communication services and to comply with the FCC mandate for cell phone automated location identification. The increased funds should be distributed to the local PSAPs in a fair and appropriate manner. The Legislature should also restore the Commissioner ofAdministration's authority to establish the surcharge amount. 11-13 800 MHz Radio System The AMM supports the continuation of the Metropolitan 800 MHz Radio System legislation and board, as long as cities are not forced to modify their current systems or become part of the 800 MHz Radio System until they so choose. The system should provide a phased transition guaranteeing uninterrupted service and be technically capable of allowing communities the flexibility to form various coordinated arrangements for dispatching and service provision. In that one of the prime advantages of this system is the fact that local public safety agencies and other units of local government throughout the region will be able to communicate with each other, regional funding of the entire system should be considered. The Radio Board should be allowed to provide grants to local units of government for capital equipment purchases from the 4-cent per phone line 911 appropriation in excess of backbone system construction needs. Any such funding should take into account the reasonable useful life of current systems. 2002 Legislative Policies 5 r . General Legislation Il-E Permit Approval: Zoning/Denial Findings The permit approval statute delineating time limit requirements should be modified so that in the case of a residential to commercial rezoning requiring a super-majority vote, a motion to table (simple majority) that extends action beyond the 60 day time requirement constitutes a denial. Current law provides automatic approval if no action is taken. In addition, if an approval resolution fails for any permit request, the city should be allowed, by statute, to provide a denial resolution with findings of fact at the next regular meeting or granted an automatic time limit extension. II-F PERA Opt-in for City Managers In 1981, when vesting was at 10 years, city managers were allowed to opt-out of PERA since many did not stay at their positions for a full ten years. Now that vesting in PERA is three years, city managers should be allowed to opt back in to PERA. 6 Association of Metropolitan Municipalities III Housing & Economic Development (III) III-A Livable Communities Act The 1995 Legislature enacted the Livable Communities Act (LCA) to stimulate housing and economic and community development in the metropolitan area. The act permits cities to access about $11.0 million in funding for pollution clean-up, housing and redevelopment. As a participant, a city must adopt affordable and life cycle housing goals and a plan to achieve those goals. Since its inception, the Metropolitan Council has been responsible for program implementation, includ- ing the completion of an annual progress report. The report for the 1996 calendar year indicates progress toward achieving the stated goals but also raises concern regarding the preservation of afford- able housing, particularly the demolition of housing units. The AMM has maintained that the LCA should not be amended until there are progress reports and experience with the LCA. Based on the reports and experience of cities, the AMM recommends: ♦ The LCA should be continued. ♦ The LCA should be amended to eliminate the requirement that a city annually elect to be a partici- pant in the act and require by November 15 that a resolution to withdraw be approved. ♦ The state should appropriate funds for the LCA. The appropriation should not replace the current funding sources but should be in addition to them. ♦ The Metropolitan Council, in cooperation with the LCA participants, should develop a benchmark to measure a city's efforts to provide affordable housing. The benchmark should replace the Afford- able Life Cycle Housing Opportunity Amount (ALHOA). ♦ The LCA amount should be amended to permit a development agency to apply for an LCA pro- gram provided the development agency receives from the city council in which the project will be located approval to submit the application and receive the grant. ♦ The Legislative Auditor should conduct a review of the Act to measure its effectiveness in achieving its stated goals. 2002 Legislative Policies 7 Housing and Economic Development III-B Federal Housing Policy Historically, the federal government has provided funding for housing production and rent subsidies. However, over the last decade, the federal government has significantly reduced its funding commitment. As a result, the number of housing units affordable to low-income households has not kept pace with the need. Further contributing to the need for affordable housing are changes in federal immigration policy which are expected to bring additional new residents to the region. Given the extent of the demand for afford- able housing, and the fact that federal policies often contribute to it, state and local action alone will continue to be inadequate to meet the need. Federal involvement is needed in order to adequately address the affordable housing problem. Therefore, the AMM recommends that the Governor, Legislature and local governments throughout the region utilize memorializing resolutions and other means, such as public forums, to notify members of Congress and other federal government officials of the need for federal housing assistance. 111-0 State Housing Policy In recent years the State of Minnesota has been an active participant in addressing the affordable housing problem. A variety of state policies have attempted to address the need for production and maintenance of owner-occupied and rental housing affordable to low-income households. The 2001 Legislature provided significant property tax relief for apartment properties, passed legislation aimed at reducing regulatory barriers, allocated an additional $100 million in tax exempt bonding authority for housing purposes and granted a sales tax exemption for building materials and furnishings used in publicly-owned housing. The Legislature also appropriated $105 million in state general fund resources to the Minnesota Housing Finance Agency (MI IFA). This equals 10 percent of the agency's $1.0 billion spending plan for the current biennium but is not an increase in the agency's general fund appropriation. The remainder of the plan will be funded through bond proceeds, investment earnings, and federal funds. However, given the ongoing shortage, the state must step-up its efforts in the area of afford- able housing. Therefore, the AMM supports legislative approval of: ♦ A biennial appropriation equal to 20 percent of MHFA's biennial spending plan. ♦ Programs that will leverage investments from non-state sources. ♦ A sales tax exemption for construction supplies and materials used in the production of any new or rehabilitated affordable housing project. 8 Association of Metropolitan Municipalities Housing and Economic Development ♦ A mortgage and deed tax exemption for public agencies and private developers producing afford- able housing. ♦ Continuation of the housing preservation program for federally subsidized housing that could be converted to market rate housing. ♦ Institution of a state tax credit for affordable housing. ♦ Continuation of the policy of not reducing a person's or a household's Minnesota Family Investment Program monthly grant if they are residents of public or section 8 housing. III-D Local Authority Local governments do not have the financial resources to solve the region's affordable housing problem alone, but they can complement federal tax credits and state grant programs through land use policies and regulatory modifications. However, it is unclear whether cities have the legal authority to adopt and enforce an affordable housing policy in cases where no federal, state or local funds are involved. For example, it is unclear if a city can offer an incentive such as a density bonus for a developer to produce a portion of the proposed devel- opment as affordable housing. An attempt was made to explicitly provide this authority during the 2001 session, but it was unsuccessful. To clarify cities' authority in this area, the legislature should: ♦ Authorize Minnesota cities to adopt local policies that encourage the production of affordable housing. The legislation should enable cities to draft ordinances or amendments to ordinances that provide for a portion of new housing to be within income and purchase price guidelines developed by the city. The enabling legislation should also permit cities to provide for waiver of fees, density bonuses or modification of local regulation and similar measures to stimulate housing production. ♦ Reaffirm that cities are responsible for and must retain the authority to regulate the location, size and amount, and type of housing within their boundaries. III-E Homelessness Programs to assist the homeless are generally funded by a variety of public and non-profit sources. Many of the programs such as the Stuart McKinney Homeless Prevention Act require operating agen- cies to develop a community-based planning process to identify needs of the homeless and adopt programs--continuum of care-to meet these needs. Continuum of care includes services and housing types (shelters, transitional and permanent). In the metropolitan area, counties in collaboration with other local governments and service providers 2002 Legislative Policies 9 Housing and Economic Development have developed continuum of care plans that have the goal of moving the homeless to needed services or permanent housing. However, a recent study completed by Hennepin County and the city of Minne- apolis regarding homelessness in the county found that homeless adults can not find permanent afford- able housing. They also found that there is a need for more coordination among the numerous metro- politan agencies involved in homeless assistance. The report notes that in several regions of the state counties coordinate their continuum of care plans. Therefore, it is recommended that: ♦ The supply of permanent assisted housing, particularly single room occupancy, be increased. ♦ Metropolitan counties should work together to initiate a coordinated planning process. III-F Family & Elderly Housing Demographic trends indicate that Minnesota's population is aging. In the metropolitan area, the Metro- politan Council reports that the number of persons age 75 and over will increase from approximately 110,000 in the year 2000 to 180,000 in 2020. Being aware of the trends, the legislature should: ♦ Provide additional resources to serve the low income elderly. Resources should include housing as well as related services. ♦ Direct state agencies to provide information and technical assistance to local governments regarding the population changes and their impacts on public services. ♦ Develop policies that encourage the development of housing for the elderly that is affordable and provides an attractive alternative to current housing and preserves the current housing. III-G Community Housing Land Trusts An affordable housing land trust is a non-profit corporation that is used to create an expanding and perpetually affordable supply of owner-occupied housing. The land trust attempts to maximize the cost- effectiveness of the public investment. Land trusts are operative in Minnesota and 22 other states. Currently there are at least six land trusts in Minnesota The Minnesota Housing Finance Agency (IvIIfF'A) was authorized to assist in the funding of land trusts. The one-time funding permitted land trusts to provide gap financing, interest rate subsidies, predevelopment financing and financial underwriting costs. To assist the land trusts, it is recommended that: ♦ Aland trust capacity building program be authorized by the 2002 Legislature. The land trusts would be authorized to provide such services as gap financing, interest rate subsidies, predevelopment 10 Association of Metropolitan Municipalities III Housing and Economic Development financing and underwriting. The program should be administered by the MHFA and be appropriated at least $500,000. III-H Inclusionary Housing Study The 2001 Minnesota Legislature directed the Office of State Planning and the Minnesota Housing Finance Agency (N4HFA) to study inclusionary housing statues and ordinances throughout the country and report to the legislature by January 15, 2002. The report will also make recommendations regarding approaches to encourage residential development that include housing for a range of incomes. The legislation requires that in developing recommendations, the state agencies consult with representatives of builders, developers, municipalities, local zoning officials, housing advocates and local planning officials. The first draft of the study without recommendations should be available in October 2001. The AMM will monitor the study and be active in the formation of the recommendations. In formulating recommendations the agencies and representatives of the various groups should consider actions that: ♦ Encourage the development of affordable rental housing. ♦ Provide for the opportunity for long-term affordability of rental and owner occupied housing. ♦ Include regulatory relief and modification of official controls as contributors to reducing housing costs but recognize that these measures alone will not produce housing affordable to households earning less than half of the area median income. In many instances a direct financial contribution will be needed. ♦ Recognize that cities are responsible for land use decisions and that the responsibility should not be reduced or transferred from the city. ♦ Establish a state policy that is implemented by local governments. The policy should include incen- tives. 1114 Economic Development Responsibilities The state should continue to recognize cities as the primary unit of government responsible for imple- menting economic development policies and land use controls. However, the state should adopt policies that encourage cities to jointly plan for and implement economic development projects. New or amended economic development programs designed to address specific economic circumstances within cities or counties should use problem definition as the criteria rather than geographic location, city size or similar criteria. 2002 Legislative Policies 11 Housing and Economic Development 1111 Tax Increment Financing (TIF) The property tax reform provisions of the 2001 Omnibus Tax Bill will have significant negative impacts on new and existing TIF districts. As a result of class-rate compression and the state takeover of all general education and transit operating levies, existing TIF districts are expected to experience deficits of up to 33 percent in the coming years. An expanded grant program and special deficit authority were enacted during the 2001 session, but they need to be improved in order to adequately address the deficits caused by the reforms. Therefore, during the 2002 session, the Legislature should: ♦ Direct the Commissioner of Revenue to approve requests for pooling authority prior to July 1 of each year, so that pooled increments can be used to pay August bond payments. ♦ Review the grant program to clarify ambiguities and conflicts so that the Department of Revenue and cities can implement the program with a minimum of delay and uncertainty. ♦ Make inter-fund loans and some pay-as-you-go notes eligible for the grant program. Eligibility for pay-as-you-go notes should be limited to those where there is a contractual obligation to make a specific dollar payment to a private party who is not the beneficiary of reduced property taxes on the benefitted parcels. ♦ Repeal the certified tax capacity rate for all new and existing districts. Ill-K State Role in Redevelopment/Reinvestment Over the years, the state of Minnesota has provided cities with a variety of programs to assist in rede- velopment, pollution cleanup, business retention and expansion, and affordable housing. These programs include, but are not limited to, tax increment financing (TIF), tax credits, loans and grants, and tax expenditures. However, many of these programs were negatively impacted by the tax reforms and budget appropria- tions enacted during the 2001 legislative session. For example, the Redevelopment Fund did not receive any appropriation and the Minnesota Investment Fund received no increase in its appropriation. Revenues for existing TIF districts were significantly reduced as aresult ofthe tax reforms and the usefulness ofTIF for future projects remains uncertain. The process of reinvesting in a city is continual. In addition to redevelopment needs, many metropolitan area cities are faced with significant expenses in order to maintain, upgrade and replace their public infrastructure, including streets, utilities and various other public facilities. While both cities and counties 12 Association of Metropolitan Municipalities is Housing and Economic Development develop and adopt capital improvement programs, cities do not have the authority to issue bonds to finance their programs the way counties do. Therefore, during the 2002 session, the Minnesota Legislature should... ♦ Recognize the state role in reinvesting in cities, by refining old and developing new tools and pro- grams under which the state will partner with cities to provide financial resources for redevelopment projects that meet public policy objectives. ♦ Grant cities the same authority counties have to prepare and fund a capital improvements program. III-L "This Old Shop" AMM supports the passage of a "This Old Shop" law, similar to the existing "This Old House" law (M.S. 273.11, Subd.16), which would allow owners of older commercial/industrial property to defer an increase in assessed value as the result of significant reinvest in their property. III-M Group Homes ♦ State and county agencies must provide timely notification to cities of facility license requests and renewals and provide adequate opportunity to respond. Cities must also be aware of the special care needed by residents of such facilities in case of public safety emergencies. ♦ Clustering of community residential facilities because of economic, geographic or other factors should be avoided. Standards of non-concentration for state or county-issued Requests for Propos- als (RFPs) should be established. ♦ There must be an ongoing screening process, particularly in the correction area, to insure that persons placed in a residential facility will benefit from such an environment and will not be a danger to themselves or others. The licensing authority must be responsible for removing any person found incapable of living peacefully in such an environment, ♦ Facilities licensed by the corrections department should not be exempt from reasonable local land use regulations. ♦ A fair share concept should be considered within the metropolitan area. However, this concept should consider other factors including transportation facilities, job availability and other needed support services. ♦ The licensing authority and/or legislature should allow cities to participate in the search for facility locations in order to meet needs of the providers, facility residents and the neighborhood. 2002 Legislative Policies 13 i Housing and Economic Development 14 Association of Metropolitan Municipalities 11 Metropolitan Agencies (IV) Introduction: Metropolitan Governance Structure The Metropolitan Council was established in 1967 to coordinate "the planning and development" of the seven county metropolitan area To fulfill its responsibilities, the Metropolitan Council has worked with local governments to establish policies regarding growth and development in the region. Over the years, the Metropolitan Council has been authorized by the legislature to be involved in the development of regional parks and the operation of regional services. In the following years the Metropolitan Council was mostly advisory, but was given responsibility for regional policy development and coordination in the areas of wastewater treatment, transportation and airports. The Metropolitan Council was given limited approval authority for development proposals, which were of metropolitan (regional) significance but was not given direct operational authority. The Metropolitan Council's responsibilities have been expanded over the years. The Metropolitan Council was given direct operational responsibility for regional transit and wastewater treatment in 1994. In the following year, the legislature directed the Metropolitan Council to implement the Livable Communities Act (LCA). The Metropolitan Council's role with the LCA is to negotiate affordable and life cycle housing goals for cities and provide grant funds for the clean-up of polluted lands and demon- stration projects that foster a mix of land uses and housing types. The Metropolitan Council's role has evolved since its inception to long-range planning and the operation of regional services. IV -A Purpose of Metropolitan Governance The AMM affirms its support for the existence of a metropolitan governance system to deal with appropriate regional issues and concerns. The purpose of the metropolitan governance system should be: ♦ To facilitate region-wide planning with the cooperation and consideration of the affected local units. ♦ To provide certain region-wide services that do not duplicate those that can be provided by local governmental units, either individually or j ointly. ♦ To fulfill other specific responsibilities mandated by the state and federal governments. 2002 Legislative Policies 15 Metropolitan Agencies IV-13 Regionally Provided Services: Funding The Metropolitan Council should continue to fund its regional services and activities through the existing combination of user fees, property taxes, and state and federal grants. The current revenue system provides better visibility to the customers. The Metropolitan Council should be responsible for determining user fees. The fees should be consistent with regional system plans and goals assure that the service quality can be of high quality as measured by industry or public policy standards and be established by an open, visible procedure including, but not limited to, public notice and hearings. A clear linkage between revenue and service should be maintained. Fee proceeds from one service should not be used to fund another regional service. IV-C Regional Systems The regional investment in metropolitan systems must be maintained and preserved by preventing adverse impact because of the lack of integration and coordination between regional and local planning. Regional system designation should only be approved if there is a compelling metropolitan problem or concern that can best be addressed through the designation. Prior to requesting legislative approval for a system, the Metropolitan Council must discuss the proposal with the region. IV-D Coordination of Local & Regional Plans The regional planning process must, on a continual basis, have the input of local government officials. To ensure input, the Metropolitan Council should hold hearings and provide public notice and copies of proposals regarding amendments to the Metropolitan Development Guide. Metropolitan system plans must be specific in terms of locations, capacities and timing to allow for consideration in local comprehensive planning. System plans should clearly state the criteria by which the local plans will be judged for consistency. The system plans should also clearly state the criteria that will be used to find that a local plan has a substantial impact on or contains a substantial departure from the metropolitan system plans. The Metropolitan Council should continue to offer assistance to cities. The assistance should include but not be limited to staff support, research, policy guidelines, system statements and procedures for the review and evaluation of plans and amendments. 16 Association of Metropolitan Municipalities Metropolitan Agencies The Metropolitan Council, in its review of local plan amendments, must have a procedure that will: ♦ Recognize that the Metropolitan Council's role is to review and comment, unless there is a substan- tial impact on or departure from the system plans. ♦ Establish an open dialogue between cities and the Metropolitan Council, including public meetings and public hearings. ♦ Be aware of the statutory time constraints imposed by the legislature on plan amendments and development applications. ♦ Provide for immediate effectuation of plan amendments, which have no potential for substantial impact on systems plans. ♦ Require the information needed for the Metropolitan Council to complete its review, but not pre- scribe additional content or format beyond that is required by the Metropolitan Land Planning Act (MLPA). IV-E Collar Counties As the Twin Cities region continues to grow and expand outward, working collaboratively with the 11 collar counties in Minnesota and Wisconsin, and the cities within those counties, will become increas- ingly important. There are both environmental and transportation issues that cannot be solved by the seven-county area alone. Therefore, Minnesota Planning, the Metropolitan Council, and the counties adjacent to the Twin Cities metropolitan area should begin meeting on a regular basis regarding growth management strategies for the Minnesota collar counties. The Wisconsin collar counties should be included when appropriate: These strategies should focus on policies than can be implemented by local governments within the adjacent counties and by state agencies, rather than by extension of the Met Council's jurisdiction to additional counties. All strategies should complement and recognize growth management policies currently being implemented within the seven-county metropolitan area. Regional services should be extended to the collar counties only if there is a specific problem that can be best resolved by extending the service. The area receiving the services must pay for the service exten- sion and agree to growth management strategies consistent with those of the seven-county metropolitan area. 2002 Legislative Policies 17 f Metropolitan Agencies IV-F Growth Management Strategy The Metropolitan Council is currently preparing a new Regional Blueprint, to be completed by Decem- ber of 2002, that is expected to rely less on the current MUSA line policy. In developing this new Blueprint, the Council must work with and recognize the role of local governments in developing and implementing growth management strategies. The AMM believes that the metropolitan area must accommodate growth in a manner that balances natural resource protection with the need to provide affordable land, housing and public services. While the Council's role is to set broad regional goals, and then provide cities with technical assistance and models, local governments are ultimately responsible for zoning, land use planning and development decisions within their borders. Cities are not scheduled to complete new Comprehensive Plans until 2008, and the creation of a new Regional Blueprint in 2002 should not change this planning schedule. While the process being utilized in the Smart Growth Twin Cities effort does provide opportunities for sharing information and working toward consensus on some regional issues, it falls far short of providing a comprehensive regional planning process. AMM strongly suggests that the Metropolitan Council expand the regional planning process to include broader regional issues than the "walkability of neigh- borhoods." N-G Natural Resource Protection Natural amenities are one of the prime contributors to the high quality of life enjoyed in the Twin Cities region. As the region continues to grow and expand, investing in and protecting these resources is impor- tant to maintaining this high quality of life. Therefore, the Association of Metropolitan Municipalities supports the Metropolitan Council's efforts to inventory natural resources in the metro area. However, once that inventory has been completed, cities and their residents must maintain the authority to make local decisions regarding the protection of identified resources. There is a need to be flexible and creative in order to balance natural resource protection with develop- ment projects, such as housing developments, commercial/industrial expansion and infrastructure repair and upgrading. But there will also be cases that present unavoidable trade-offs between natural resource protection and desired economic and community growth These situations will require value judgements weighing the costs and benefits of protecting a particular natural resource versus the cost and benefits of a proposed development. Such decisions rightfully belong at the local level. To protect natural resources of regional importance, the Council, in consultation with local governments and private parties, must provide the necessary funding and develop appropriate protection methods. 18 Association of Metropolitan Municipalities u Metropolitan Agencies These methods might include, but should not be limited to, the purchase of development rights, ease- ments, or acquisition. Finally, if the Metropolitan Council determines that the completion of local NRIs is a regional priority, it must provide both funding and technical support to the cities expected to carryout this policy. IV-H Local Plan Implementation Local governments are responsible for zoning. These zoning decisions should not be conditioned upon approvals by the Metropolitan Council or other governmental agency. The AMM is open to the use of alternative dispute resolution procedures prior to judicial remedies. Alternative dispute resolution could reduce costs and time for all parties involved in the dispute. The AMM strongly opposes the creation of an appeals board that could supersede city planning or zoning decisions. IV-1 Metropolitan Council Focus on Planning Long-range planning should continue to be the primary function of the Metropolitan Council. In con- ducting long-range planning, the Metropolitan Council should periodically update and revise the vision for the region. As part of its long-range planning, the Metropolitan Council should include analysis of trends, plans, policies and programs that could impact or link the regional growth centers in Greater Minnesota to the metropolitan area. In addition to its long-range planning function, the Metropolitan Council should maintain and expand its technical and research services to cities. The services should assist cities in completing its planning mandates but also in conducting special studies and projects. For cities to meet their planning mandates, the Metropolitan Council must ensure that its planning, data collection and dissemination functions are fulfilled in atimely manner and are consistent with its statutory obligations. IV-J Budget Process & Work Program Evaluation The Metropolitan Council's annual budget should present revenue and expenditure budgets by the services provided. Mandated and non-discretionary projects should be identified along with their funding sources. Previous year's history should also be provided. The annual budget should maintain linkages between expenses and revenues. In addition, the funds or reserve funds raised for a particular service should not be used or commingled with the funds raised for any other service or activity. 2002 Legislative Policies 19 Metropolitan Agencies The Metropolitan Council's work program should meet four tests: ♦ The issue or problem identified is important to the region's well-being. ♦ Metropolitan Council intervention or activity will produce a positive result. ♦ The Metropolitan Council's action does not duplicate or serve as a substitute for a state level program or effort or what should be a state level activity. ♦ The Metropolitan Council is the most appropriate agency to intervene or perform the activity. IV-K Criteria for Extension of Metropolitan Governance Authority The legislature, if granting the metropolitan governance structure additional responsibility or authority, should be specific in the grant. New or expanded authority should be considered only when one or more ofthe following exist: ♦ The service, function or activity has been shown to be needed and it can be demonstrated that it cannot or is not being effectively or efficiently provided through existing general purpose units of government. ♦ The service, function or activity is not an appropriate state level or local government level activity or function. ♦ Regional intervention is needed for protection of the region's investment in an existing metropolitan system IV-L Restructuring of Metropolitan Agencies The Sports Facilities Commission and the Metropolitan Airports Commission (MAC) are currently metropolitan commissions. The legislature should make the sports facility commission a local commis- sion if the back-up tax is limited to one city or is expanded to additional cities. If the tax is extended to other cities, the commission should be restructured to have membership from those cities. The legislature should clarify the status of the MAC so that it becomes either a metropolitan or state directed agency. The determining factor in the agency decision is the nature of the commission's back- up tax. If the tax will be a metropolitan area tax, its membership should come from the metropolitan area. If the back-up tax is statewide, then the MAC should have statewide representation. In selecting membership on the MAC board, the governor should give primary consideration for repre- sentation from communities impacted by the operations ofthe MAC airports. 20 Association of Metropolitan Municipalities Metropolitan Agencies N-M Metropolitan Council: Method to Select Members The legislature has debated proposals to amend the process to select Metropolitan Council members. Proposals to elect the members directly or to elect county commissioners as Metropolitan Council members have been discussed but not enacted into law. The AMM has studied the governance issue and has released a separate "Metropolitan Governance Report" (October 1998). The report notes that there is no regional crisis that requires a governance change, but did recommend that Metropolitan Council members serve fixed, staggered terms. The AMM further recommends that no changes be made to the Metropolitan Council unless a governance proposal meets a set of criteria. The intent of the criteria is to fashion a regional governance structure that has a distinct mission, but does not establish a political subdivision with local government powers or one that is a state agency. The Metropolitan Council should have a distinct mission of long-range planning and operation of legisla- tively-authorized regional services. The criteria include: Terms of O ce Members should serve fixed, staggered terms. Metropolitan Council Powers The Metropolitan Council should continue to be a long-range, planning agency and potentially an operator or oversight agency for regional services. As such, the Metropolitan Council must maintain planning, coordinating and local assistance as a high priority. Additional Powers New powers must not expand or override city responsibilities, especially land use regulation authority. The Metropolitan Council must not become an agency with general local government powers. State Role The legislature should focus on broad oversight of the Metropolitan Council's mission and services. Local Government Local elected officials must be involved in the selection process of Metropolitan Council members and there must be a mechanism to facilitate meaningful dialogue and input between the Metropolitan Council and cities. 2002 Legislative Policies 21 Metropolitan Agencies Collar Counties The metropolitan region clearly includes the seven designated counties and the adjacent eleven Minne- sota counties, as well as three Wisconsin counties. The needs of the entire metropolitan region beyond the current seven county region must be addressed. Metropolitan Council Members The selection process must strive to appoint Metropolitan Council members who have an understanding of and will be responsive to the district represented, as well as be responsive to the best interests of the region. The selection process should limit the potential influence and support (including financial) of special interests. IV-N Parks & Open Space: Operation & Maintenance Capital Funding The governor and the legislature should continue to appropriate funding for the operation and mainte- nance of regional parks. The level of funding should be equal to the statutory goal of 40 percent of the total budget. Regional parks essentially serve the role of state parks in the metropolitan area and the acquisition, development and improvement of the parks should continue to be funded, in part, with state resources. IV-0 Surface & Groundwater Water Management If legislation is considered for surface water management, it should be based on the following principles: ♦ The legislature should provide full funding if it mandates additional water management planning or implementing activities by local units of government. ♦ Local units of government should continue to be responsible for the organization and operation of surface and groundwater management, since they are the closest to the problem. Therefore, legisla- tion enacted in 1999 limiting representation on boards of Water Management Organizations (WMOs) should be repealed. ♦ New state requirements should not add to local costs and duplicate reviews/approvals should be reduced or eliminated. The AMM would support the following initiatives/action: ♦ A state grant program similar to those currently administered by the Board of Water and Soil Resources (BOWSR) should be established to assist WMOs in the metropolitan area to implement their plans. 22 Association of Metropolitan Municipalities Metropolitan Agencies ♦ The legislature should clarify that the joint power WMOs can, with the approval of its participating governments, separately levy a tax for its programs. ♦ A thorough assessment of the BO WSR structure and authorities to ascertain if it should continue to be the approval and oversight agency for surface water management planning and activities in the metropolitan area.. ♦ A thorough assessment of the metropolitan area surface water management planning and permitting process with the objective of developing improvements in conflict resolution, better coordination between state and local agencies, and streamlining the project permit approvals process. ♦ Compliance by local units of government located outside of the metropolitan area with the same standards and requirements for surface water management as those imposed on local units within the metropolitan area ♦ A technical evaluation of the impact of 2:1 wetland replacement in the urbanized area on the goal of greater urban densities as stated in the Metropolitan Council's Regional Blueprint. IV-P Sale of Lawn Fertilizers Containing Phosphorus In an effort to improve and enhance surface water quality in the metropolitan area and to reduce the public resources expended to implement surface water management plans that are required by State law, the AMM supports restrictions on the use and sale of lawn fertilizers containing phosphorus and, with reasonable exceptions, a "zero" phosphorus content requirement for lawn fertilizers sold in the seven-county metropolitan area. Watersheds rarely are wholly within municipal boundaries and, to be effective, measures for water quality improvements need to be uniform and regional or statewide. Cities believe the State is the appropriate level of government for effective and economical administration and enforcement responsibility. lV-Q Water Supply Additional legislation pertaining to local or regional water supply planning is not wan-anted. If legislation, however, is proposed it should be based on the following principles: ♦ Local units should retain the basic responsibility for water supply planning and management as in current law. ♦ The state should fund additional mandates. ♦ Potable water should not be designated a regional system. 2002 Legislative Policies 23 f Metropolitan Agencies IV-R Regional Wastewater (Sewer) Treatment System The regional wastewater treatment system has improved the water quality of the region's major river and lakes. The system should not be permitted to break up or to diminish its effectiveness. Since all users benefit equally, the regional user rates should be uniform by type of user. IV-S Waste Stream Management The legislature should enact legislation which will: ♦ Establish goals to reduce, recycle and reuse packaging materials and establish fees, taxes or depos- its to encourage accomplishment of the goals. The revenues would be waived when the goals are met. Available revenues would be used to promote or enhance local programs to achieve the goals. ♦ Continue the Office of Environmental Assistance (OEA) as an agency that primarily assists local governments to manage waste effectively. ♦ Continue the role of cities in waste stream management unless a state or metropolitan system is established to achieve the same goal. ♦ Distribute all proceeds from any funding system for solid waste management activities and require distribution of funds to all entities involved in the system. ♦ Provide that host communities for solid waste facilities will not have a financial liability for costs associated with operating and monitoring the facility. Such costs should be borne by the operator and in the absence of regulations should be assumed by the state. ♦ Maintain, at a minimum, the current compensation level permitted through surcharge fees and increase the level as well as making the compensation available to all types of solid waste facilities. ♦ Define municipal solid waste not to be a hazardous substance. The definition would enhance the ability of local governments. 24 Association of Metropolitan Municipalities . ,1. Transportation (V) V-A Transportation Funding The AMM strongly supports increased funding for transit and highways, both of which are a critical need in the metropolitan area. In addition, funding for mass transit including transit ways, light rail or heavy rail in existing corridors should be dedicated in a manner consistent with current highway funding. Funds allocated to the metropolitan area should be flexible so that the most efficient and cost effective transportation solution may be chosen and the main metropolitan problem (congestion relief) can be addressed. The AMM supports a constitutional amendment dedicating the Motor Vehicle Sales Tax and/or other revenue source to a new Surface Transportation Multimodal fund from which an appropriate amount is allocated to the Highway User Tax Distribution fund to replace the auto license tab fee reduction of 2000, and the remaining amount to be used for transit and/or highway needs as priority dictates. The AMM will support a general gas tax increase only if accompanied by this constitutional amendment provision. The AMM also supports a Metropolitan area referendum for an additional half-cent or full cent sales tax to support metro area major highway and transit needs with the caveat that current funding source amounts and percentages for the Metro area are maintained. All non-transportation programs should be funded from sources other than currently dedicated trans- portation funds. V-B Regional Transit System To provide travel choices to reduce congestion and automobile dependency the Regional Transit System should be a combination of integrated traffic management systems which include use of HOV lanes, express buses, exclusive transit ways, light rail transit, and commuter rail corridors built to connect residents to j ob, retail and commercial centers, plus a variety of other transit modes, including taxi, bus, pedestrian and bicycle. Shifting major transit funding from property tax to a percentage of MVST may not equate to real property/people growth nor provide for the addition of needed service to previously unserved growth centers. Therefore, the AMM supports annual funding increases for the Metropolitan Transit System that not only support the current system but preferable increase Metro transit capability to equal growth and provide much needed congestion relief. 2002 Legislative Policies 25 Transportation Park-and-ride facilities for mass transit modes adequate to connect the regional centers, major trip generators and communities, both urban and suburban, should have integrated feeder systems to accommodate local buses, automobiles, van pools, bicycles, as well as walking facilities. The Metropolitan Council should work with local units of government to encourage appropriate land use controls along designated transit corridors to promote transit ridership. V-C Road Access Fee In order to fairly provide for major street improvements of primary benefit to a particular subdivision development but not directly assessable and to allocate cost so that new growth pays its fair share, the legislature should authorize cities to establish at their option a road development access charge to be collected at the time that subdivisions are approved and/or at the time building permits are issued similar to park dedication fees. V-D Transportation Utility The AMM requests the legislature to authorize cities to establish a transportation utility for street mainte- nance and reconstruction of aging infrastructure, similar to the existing storm water utility, so that costs of improved facilities can be more fairly charged to the users rather than the general population as a whole. WE Highway Turnbacks & Funding The AMM supports jurisdictional reassignment or tumback of roads on a phased basis using functional classification and other appropriate criteria subject to a corresponding mechanism for adequate funding of roadway improvements and continuing maintenance. Cities do not currently have the financial capacity other than significant property tax increase to absorb the additional roadway responsibilities without new funding sources. The existing municipal turnback fund is not adequate based on contemplated turnbacks. V-F 13C' Transportation Planning Process: Elected Officials Role The AMM supports continuation of the Transportation Advisory Board (TAB), a majority of local elected officials membership on the TAB itself and the TAB process, which was developed to meet federal requirements for designation of the Metropolitan Council as the Metropolitan Planning Organiza- tion that is responsible for the continuous, comprehensive and cooperative (3C) transportation planning process to allocate federal funds among metropolitan area projects. This process requirement was reinforced by the 1991 Intennodal Surface Transportation Efficiency Act (ISTEA) and the 1998 Transportation Efficiency Act for the 21 st Century (TEA21). 26 Association of Metropolitan Municipalities Transportation V-G Motion Imaging Recording System (M.I.R.S.): Traffic Law Compliance The AMM requests legislative action authorizing utilization of motion imaging recording system technol- ogy for governmental units, including cities, on streets and highways to assist promotion of safety and traffic law compliance enforcement. The technology has been proven and is currently used for law enforcement by numerous states, municipalities and other countries. The state should at least implement a pilot project on municipal streets in the metropolitan area V-H Airport Noise Mitigation The AMM strongly supports continued equitable airport noise programs needed to address the in- creased noise associated with the expansion of the MSP International Airport. Noise mitigation pro- grams should now continue as soon as possible toward the 60 DNL (day/night level adjusted decibel average) in accordance with 1996 legislation in which the Metropolitan Airports Commission (MAC) was charged with developing a mitigation package for legislative consideration in 1997. In 1999, the Governor's Community Stability Funding Task Force was created to identify and recom- mend funding sources for the implementation ofnoise mitigation measures. While the MAC has initiated measures to mitigate noise to the standard 65DNL, and has studied and initiated measures, including significant funding for approval by the Federal Aviation Administration (FAA), to address noise mitiga- tion in the 64-0 DNL estimated contours, sufficient alternative funding for noise mitigation still has not been identified or appropriated. The AMM believes costs associated with all types of noise mitigation should be borne not only by MSP airport (MAC), but also by the state. MSP airport is considered a statewide facility and provides tremendous economic benefit to the region-a benefit that does not come without responsibility to the citizens adversely impacted. The MAC and the state should seek long-term solutions and provide stable and significant funding to mitigate noise impacts. In addition to MSP International Airport, impacts, including environmental and low frequency noise, must be identified at all MAC airports and applicable mitigation measures implemented by the MAC. V-1 Traffic Control Devices (MN/DOT Administrative) The AMM understands the need for the Manual on Uniform Traffic Control Devices. The AMM also recognizes that unique situations within municipalities occasionally may not be adequately addressed by the standards in the manual. Therefore, the AMM encourages the Department of Transportation to more strongly take into consideration unique local conditions and circumstances when examining local requests for traffic control devices. In addition, the AMM would support the establishment of a peer appeals review board to review, when requested by a local municipality, specific situations when the quantitative warrant criteria in the Manual on Uniform Traffic Control Devices are not met. 2002 Legislative Policies 27 Transportation V-J Cities Under 5,000 Population Currently cities under 5,000 population receive no state funding or MSA funds for collector or arterial streets regardless oftraffc volume, origination and/or destination. Current CSAH distribution to Metro- politan Counties is inadequate to provide for metro area smaller city needs. Criteria such as number of average daily trips should be established in a small city local road improvement program for funding qualification and a distribution method devised. Possible funding sources include the five- percent set- aside account in the highway user distribution fund, modification to county municipal accounts and/or state general fund. V-K County State Aid Highway (CSAH) Distribution Formula The AMM supports modification of the County State Aid Highway (CSAH) distribution formula to more fairly account for total vehicle miles traveled on Metropolitan County CSAH funded roads. Although only 10% of the CSAH roads are in the Metro area they account for nearly 50% of the vehicle miles traveled. The metro counties receive less than 20% of the CSAH distribution and have instituted city cost participation, whereby cities are now forced to pay up to 45% of a CSAH road project cost in some areas. 28 Association of Metropolitan Municipalities Committee Rosters (Vi) Housing and Economic Development Policy Committee Jan LeSuer, Councilmember, Golden Valley (Committee Chair) Bonnie Balach, Community Development, Minneapolis Frank Boyles, City Manager, Prior Lake Sharon Cassen, Councilmember, New Hope John Erar, City Administrator, Andover John Goedeke, Councilmember, Roseville Tom Goodwin, Councilmember, Apple Valley Tom Harmening, Community Development Director, St. Louis Park Regina HArris, HRA Director, Bloomington Ryan Kaess, Assistant to the Mayor, St. Paul Andrea Hart Kajer, IGR Director, Minneapolis James Keinath, Administrator, Circle Pines Joan Molenaar, Councilmember, Champlin Richard Mussell, Councilmember, Anoka Jim Norman, Administrator, Ramsey Anne Norris, Manager, Crystal Samantha Orduno, Administrator, Richfield Tim Ricker, Councilmember, Brooklyn Center James Verbrugge, Assistant Administrator, Eagan Craig Waldron, Administrator, Oakdale Liz Workman, Councilmember, Burnsville Heather Worthington, Administrator, Falcon Heights Metropolitan Agencies Policy Committee Beverly Aplikowski, Councilmember, Arden Hills (Committee Chair) Mary Anderson, Mayor, Golden Valley Bill Barnhart, Government Relations Representative, Minneapolis Steve Cherney, Councilmember, Burnsville Kris Danielson, Community Development Director, Oak Park Heights Craig Dawson, Administrator, Shorewood Mike Gundlach, Councilmember, Prior Lake 2002 Legislative Policies 29 Committee Rosters Anne Hurlburt, Director of Community Development, Plymouth Marvin Johnson, Mayor, Independence Barret Lane, Councilmember, Minneapolis Larry Lee, Director of Community Development, Bloomington Tom Link, Director of Community Development, Inver Grove Heights Terry Schneider, Councilmember, Minnetonka Jeanna Troha, Assistant to the City Manager, New Brighton Municipal Revenue Policy Committee Jim Smith, Councilmember, Independence (Committee Chair) Curt Boganey, Manager, Brooklyn Park Tom Burt, Administrator, Rosemount Joan Campbell, Councilmember, Minneapolis Don Collier, Councilmember, New Hope Steve Devich, Assistant City Manager, Richfield Walt Fehst, Manager, Columbia Heights Matt Fulton, Manager, New Brighton Richard Fursman, Administrator, Maplewood Teri Heaton, Chief Financial Officer, Bloomington Joe Huss, Finance Manager, Bloomington Kim Kamper, Interim CityAdministrator, Oak Park Heights Tom Lawell,Administrator, Apple Valley Joe Lynch, Administrator, Arden Hills Wes Mader, Mayor, Prior Lake Mike Mornson, Manager, St. Anthony Bruce Nawrocki, Councilmember, Columbia Heights Steve O'Malley, Deputy City Manager, Burnsville Don Rambow, Finance Director, White Bear Lake Douglas Reeder, Administrator, South St. Paul Ryan Schroeder, Administrator, Cottage Grove Jerry Splinter, Manager, Coon Rapids Steve Stahmer, Assistant to the City Manager, Hopkins Kathy Thurber, Councilmember, Minneapolis John Wallin, Finance Director, Edina Jim Willis, Administrator, Inver Grove Heights 30 Association of Metropolitan Municipalities 11 Committee Rosters Transportaton and General Government Policy Committee Veid Muiznieks, Councilmember, St. Paul Park (Committee Chair) Beverly Aplikowski, Councilmember, Arden Hills Dave Callister, Clerk-Administrator, Osseo Charlie Crichton, Councilmember, Burnsville Chuck DeVore, Councilmember, White Bear Lake Dan Donahue, Manager, New Hope Sharon Feess, Councilmember, Brooklyn Park Mary Hamann-Roland, Mayor, Apple Valley Bill Hargis, Mayor, Woodbury Jon Hohenstein, Administrator, Mahtomedi Patrick Hollister, Administrative Assistant, Mendota Heights Barbara Johnson, Councilmember, Minneapolis Mike Klassen, St. Paul Steve Larson, Mayor, New Brighton Mark McNeill, Administrator, Shakopee Ed Nelson, Councilmember, Brooklyn Center Jim Smith, Councilmember, Independence Gertrude Ulrich, Councilmember, Richfield Karen Lowery Wagner, Government Relations Representative John Weaver, Councilmember, Anoka 2002 Legislative Policies 31 t i i Recommendations For City of Eagan, Minnesota $13,970,000 General Obligation Recreational Facilities Bonds, Series 2001A Presented to: Honorable Patricia E. Awada, Mayor Members, City Council Mr. Thomas L. Hedges, City Administrator Mr. Thomas Pepper, Chief Financial Officer City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1810 SPRINGSTED Public Finance Advisors Study No.: E1230Z2 SPRINGSTED Incorporated October 9, 2001 RECOMMENDATIONS Re: Recommendations for the Issuance of $13,970,000 General Obligation Recreational Facilities Bonds, Series 2001A We respectfully request your consideration of our recommendations for the above-named issue. On June 6, 2000, the City received authorization to issue $15,355,000 of general obligation bonds to finance construction of (i) a Community Activities Center and (ii) street, utility, trail and site improvements to the Central Area Property (Development District No. 3). City voters approved a referendum by a vote of 3,024 in favor and 2,933 opposed. We recommend the following for the Bonds: 1. Action Requested To establish the date and time of receiving bids and establish the terms and conditions of the offering. 2. Sale Date and Time Tuesday, November 20, 2001 at 12:00 noon, with consideration for award by the City Council at 6:30 P.M. that same day. 3. Method of Sale In the interest of obtaining as many bids as possible, we have included a provision in the attached Terms of Proposal for underwriters to submit their bid electronically through the electronic bidding platform of Dalcomp/Parity. In addition, physical bids (by phone or fax) will be accepted at the offices of Springsted. 4. Authority and Purpose for the Bond issue The Bonds are being issued pursuant to Minnesota Statutes, Chapter 475 and a referendum held in the City on June 6, 2000. City voters approved a referendum by a vote of 3,024 in favor and 2,933 opposed to issue bonds in an amount not to exceed $15,355,000. Bond proceeds will be used to finance finance construction of (i) a Community Activities Center and (ii) infrastructure, trail and site improvements to the City's Development District Number 3.. 5. Principal Amount of Offering $13,970,000. 6. Repayment Term The Bonds will mature annually February 1, 2003 through 2021. Interest will be payable semi-annually each February 1 and August 1, commencing August 1, 2002. 7. Term Bonds We have included a provision that permits the underwriters to combine multiple maturity years into a term bond, subject to mandatory redemption on the same maturity schedule provided in the Terms of Proposal. The advantage to the underwriter is that it City of Eagan, Minnesota October 9, 2001 provides large blocks of bonds, which are more attractive to bond funds, and certain pension funds, which deal only with large blocks of bonds. This in turn is a benefit to the City since selling larger blocks of bonds reduces the risk to the underwriter, allowing them to lower their costs and the interest coupons. Since the Bonds are being offered on a competitive bid basis and awarded on the lowest true interest cost, the City will award the Bonds to the best bid regardless of whether term bonds are chosen or not. 8. First Levy and Levy Cycle The Bonds will be general obligations of the City and will be repaid with ad valorem property taxes. Each year's first-half collection of taxes will be used to pay the interest payment due August 1 in the year of collection. Second-half collections of taxes plus surplus first-half collections will be used to pay the February 1 principal and interest payment due in the following year. 9. Prepayment Provisions The City may elect on February 1, 2012, and on any date thereafter, to prepay the Bonds due on or after February 1, 2013, at a price of par plus accrued interest. 10. Credit Rating Comments Applications will be made to Moody's Investors Service and Standard & Poor's Corporation for ratings on the Bonds. The current general obligation credit ratings of the City are "Aa2° and "AA", respectively. 11. Federal Treasury Regulations Concerning Tax-Exempt Obligations (a) Bank Qualification Under Federal Tax Law, financial institutions cannot deduct from income for federal income tax purposes, expense that is allocable to carrying and acquiring tax- exempt bonds. There is an exemption to this for "bank qualified" bonds, which can be so designated if the issuer does not issue more than $10 million of tax exempt bonds in a calendar year. Issues that are bank qualified generally receive slightly lower interest rates than issues that are not bank qualified. Due to its size, this issue is not bank qualified. (b) Rebate Requirements All tax-exempt issues are subject to the federal arbitrage and rebate requirements, which require all excess earnings created by the financing to be rebated to the U.S. Page 2 i City of Eagan, Minnesota October 9, 2001 Treasury. The requirements generally cover two categories: bond proceeds and debt service funds. There are exemptions from rebate in both of these categories. Bond proceeds, defined generally as both the original principal of the issue and the investment earnings on the principal, have 6, 18 and 24 month spend down exemption periods. If all of the proceeds are expended during one of those exemption periods, the issuer is exempt from rebate and may retain the excess earnings. The City should be aware that this test is an "actual" test, not one of "reasonable expectations" and you will need to determine if the spend down was met or if rebate may be required. In any event, Bond proceeds, if any, not set aside for project expenditures may still be subject to rebate. (c) Bona Fide Debt Service Fund The City must maintain a bona fide debt service fund for the Bonds or be subject to yield restriction. This requires restricting the investments held in the debt service fund to the yield on the Bonds and/or paying back excess investment earnings in the debt service fund to the federal government. A bona fide debt service fund is a fund for which there is an equal matching of revenue to debt service expense, with carry over permitted equal to the greater of the investment earnings in the fund during that year or 1/12 the debt service of that year. (d) Economic Life The average life of the Bonds cannot exceed 120% of the economic life of the projects to be financed. The economic life of the improvements exceeds 20 years. The average life of the Bonds is 11.477 years, therefore the issue is within the economic life requirements. (e) Federal Reimbursement Federal reimbursement regulations require Regulations the City to make a declaration, within 60 days of the actual payment, of its intent to reimburse itself from expenses paid prior to the receipt of Bond proceeds. It is our understanding the City has taken whatever actions are necessary to comply with the federal reimbursement regulations in regards to the Bonds. 12. Continuing Disclosure The Bonds are subject to continuing disclosure requirements set forth by the Page 3 City of Eagan, Minnesota October 9, 2001 Securities and Exchange Commission. The SEC rules require the City to undertake an annual update of certain Official Statement information and report any material events to the national repositories. Springsted currently provides continuing disclosure services for the City under a separate contract. An amendment to that contract adding this issue has been provided to City staff. 13. Attachments . Sources and Uses of Funds • Debt Service Schedule • Terms of Proposal DISCUSSION On June 6, 2000, the City received authorization to issue $15,355,000 of general obligation bonds to finance construction of (i) a Community Activities Center and (ii) street, utility, trail and site improvements to the Central Area Property (Development District No. 3). City voters approved a referendum by a vote of 3,024 in favor and 2,933 opposed. A sources and uses statement for the Bonds is shown on Page 6. The Bonds will be general obligations of the City and will be repaid with ad valorem property taxes. The first levy for the Bonds was made in 2000 in the amount of $1,400,000, for collection in 2001. Of this amount, $1,370,000 will be used to pay project costs and minimize the size of the issue. Each year's first-half collection of taxes will be used to pay the interest payment due August 1 in the year of collection. Second-half collections of taxes plus surplus first-half collections will be used to pay the February 1 principal and interest payment due in the following year. Our recommended principal structure and the estimated debt service schedule for the Bonds is shown on Page 7. Columns 1 through 4 show the annual principal, estimated interest rates and projected total principal and interest payments, given the current market environment. Column 5 shows the 5% overlevy which is required by State statutes and serves as a protection to Bondholders and the City in the event of delinquencies in the collection of taxes. Based on current interest rate estimates, the average annual levy requirement to service the Bonds is estimated to be $1,187,800. This is approximately $200,000 below the debt service level presented to City voters at the time of the referendum. At the time of sale, we will provide an actual figure for annual debt service requirements. The tragedy that occurred on Tuesday, September 11, 2001, and the subsequent military action commenced by the United States and its allies on October 7, 2001 in response thereto, may cause repercussions in the bond market. Market adjustments have already made themselves apparent and we have incorporated our measurement of those impacts in these recommendations. At this time we cannot predict what further effects, if any, there might be. We will closely monitor the situation and advise you of any changes that may effect the sale of your Bonds. Page 4 r City of Eagan, Minnesota October 9, 2001 Springsted Incorporated is pleased to have worked with the City of Eagan on the referendum and this project financing. Respectfully submitted, SPRINGSTED Incorporated Provided to Staff: Continuing Disclosure Contract Amendments Page 5 $13,970,000 City of Eagan, Minnesota General Obligation Recreational Facilities Bonds Series 2001A SOURCES & USES Dated 12/01/200 Delivered 12/01/2001 SOURCES OF FUNDS Par Amount of Bonds $13,970,000.00 Levy Receipts - 2000 pay 2001 1,370,000.00 TOTAL SOURCES $15,340,000.00 USES OF FUNDS Deposit to Project Construction Fund 15,100,000.00 Total Underwriter's Discount (1.300%) 181,610.00 Costs of Issuance 57,100.00 Rounding Amount 1,290.00 TOTAL USES $15,340,000.00 Springsted Incorporated = Eagan.sf-Series 2001A- SINGLE PURPOSE Advisors to the Public Sector 10/2/2001 12.11 PM Page 6 f $13,970,000 City of Eagan, Minnesota General Obligation Recreational Facilities Bonds Series 2001A DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+I 105% Levy 2/01/2002 - - - - - 2101/2003 420,000.00 2.750% 711,433.33 1,131,433.33 1,188,005.00 2101/2004 530,000.00 2.850% 598,250.00 1,128,250.00 1,184,662.50 2/01/2005 550,000.00 3.100% 583,145.00 1,133,145.00 1,189,802.25 2/01/2006 565,000.00 3.350% 566,095.00 1,131,095.00 1,187,649.75 2/01/2007 585,000.00 3.600% 547,167.50 1,132,167.50 1,188,775.88 2/01/2008 605,000.00 3.800% 526,107.50 1,131,107.50 1,187,662.88 2/01/2009 630,000.00 3.950% 503,117.50 1,133,117.50 1,189,773.38 2/01/2010 650,000.00 4.050% 478,232.50 1,128,232.50 1,184,644.13 2/01/2011 680,000.00 4.150% 451,907.50 1,131,907.50 1,188,502.88 2/01/2012 705,000.00 4.350% 423,687.50 1,128,687.50 1,185,121.88 2/01/2013 740,000.00 4.450% 393,020.00 1,133,020.00 1,189,671.00 2101/2014 770,000.00 4.600% 360,090.00 1,130,090.00 1,186,594.50 2/01/2015 805,000.00 4.700% 324,670.00 1,129,670.00 1,186,153.50 2/0112016 845,000.00 4.800% 286,835.00 1,131,835.00 1,188,426.75 2/01/2017 885,000.00 4.900% 246,275.00 1,131,275.00 1,187,838.75 2/01/2018 930,000.00 4.950% 202,910.00 1,132,910.00 1,189,555.50 2/01/2019 975,000.00 5.050% 156,875.00 1,131,875.00 1,188,468.75 2/01/2020 1,025,000.00 5.100% 107,637.50 1,132,637.50 1,189,269.38 2/01/2021 1,075,000.00 5.150% 55,362.50 1,130,362.50 1,186,880.63 Total 13,970,000.00 - 7,522,818.33 21,492,818.33 22,567,459.25 SIGNIFICANT DATES Dated 12/01/2001 Delivery Date 12/0112001 First Coupon Date 8/01/2002 YIELD STATISTICS Bond Year Dollars $160,333.33 Average Life 11.477 Years Average Coupon 4.6919865% Net Interest Cost (NIC) 4.8052568% True Interest Cost (TIC) 4.7986032% Bond Yield for Arbitrage Purposes 4.6441995% All Inclusive Cost (AIC) 4.8477591% Interest rates are estimates. Changes in rates may cause significant alterations to this schedule. The actual underwriter's discount bid may also vary. Springsted Incorporated File = Eagan.sf--Series 2001A- SINGLE PURPOSE Advisors to the Public Sector 10/2/2001 12.11 PM Page 7 ,r THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $13,970,000 CITY OF EAGAN, MINNESOTA GENERAL OBLIGATION RECREATIONAL FACILITIES BONDS, SERIES 2001A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Tuesday, November 20, 2001, until 12:00 Noon, Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 6:30 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner by which the Proposal is submitted. (a) Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted Proposal. OR (b) Electronic Bidding. Electronic Bids may be submitted to Bidcomp/Parity (an "Approved Provider"). For purposes of the electronic bidding process, the time as maintained by the Approved Provider shall constitute the official time with respect to all Bids submitted to such Approved Provider. Each bidder shall be solely responsible for making necessary arrangements to access the Approved Provider for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of the Notice of Sale. Neither the City, its agents nor the Approved Provider shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor the Approved Provider shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the Approved Provider's service. The City is using the services of the Approved Provider solely as a communication mechanism to conduct the electronic bidding for the Bonds, and the Approved Provider is not an agent of the City. If any provisions of this Notice of Sale conflict with information provided by an Approved Provider, this Notice of Sale shall control. Further information about the Approved Provider, including any fee charged, may be obtained from: Bidcomp/Parity, 395 Hudson Street, New York City, New York 10014, Customer Support, (212) 806-8304. Page 8 DETAILS OF THE BONDS The Bonds will be dated December 1, 2001, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2002. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts as follows: 2003 $420,000 2008 $605,000 2013 $740,000 2018 $ 930,000 2004 $530,000 2009 $630,000 2014 $770,000 2019 $ 975,000 2005 $550,000 2010 $650,000 2015 $805,000 2020 $1,025,000 2006 $565,000 2011 $680,000 2016 $845,000 2021 $1,075,000 2007 $585,000 2012 $705,000 2017 $885,000 Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds, provided that no serial bond may mature on or after the first mandatory sinking fund redemption date of any term bond. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Last Year of Serial Maturities" and "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2012, and on any day thereafter, to prepay Bonds due on or after February 1, 2013. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. Page 9 SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. The proceeds will be used to finance construction of (i) a Community Activities Center and (ii) infrastructure, trail and site improvements to the City's Development District Number 3. TYPE OF PROPOSALS Proposals shall be for not less than $13,788,390 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $139,700, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. Page 10 I CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Faegre & Benson LLP, of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2-12(b)(5), the City, as obligated person, will undertake, pursuant to a Continuing Disclosure Certificate, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Bonds will be conditioned upon its receiving the Continuing Disclosure Certificate at or prior to delivery of the Bonds. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 300 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated October 16, 2001 BY ORDER OF THE CITY COUNCIL /s/ Maria Karels City Clerk Page 11